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DICTIONARY 

/ 

GREEK AND ROMAN ANTIQUITIES. 




WILLIAM SMITH, LL.D. 

Il 

I IHTOh OF THE "DICTIONARY OF CRFF.K AND ROMAN BIOCUAl'HY AV11 MYTHOI.OCV." 




ILLUSTRATED BY NUMEROUS ENGRAVINGS ON WOOD. 

IMPROVED ANI> KM.AUOKI). 

BOSTON : 

CH ARLEvS G LITTLE, AND JAMES BROWN. 

LONDON TAYLOR, WALTON, & MABERLY ; AND JOHN MURRAY. 

M.ncoc.xi.ix. 



Si 



2y Tr*tt«t«* 

MM » 9 1917 



i 



LIST OF WRITERS. 



INITIALS. NAMES. 

A. A. Alexander Allen, Ph. D. 

W. F. D. William Fishbcrn Donkin, M. A. 

Fellow of University College, Oxford. 
W. A. G. William Alexander Greeniiill, M. D. 

Trinity College, Oxford. 

B. J. Benjamin Jowett, M.A. 

Fellow of Baliol College, Oxford. 

C. R. K. Charles Rann Kennedy, M. A. 

Late Fellow of Trinity College, Cambridge. 
T. II. K. Thomas Hewitt Key, M.A. 

Professor of Comparative Grammar in University Col- 
lege, London. 

II. G. L. Henry George Liddell, M.A. 

Head Master of Westminster School. 

G. L. George Long, M.A, 

Late Fellow of Trinity College, Cambridge. 
C. P. M. Charles Peter Mason, B.A. 

Fellow of University College, London. 
.1. S. M. John Smith Mansfield, M.A. 

Fellow of Trinity College, Cambridge. 
W. R. William Ramsay, M. A. 

Professor of Humanity in the University of Glasgow. 
A. R. Anthony Rich, Jun. B. A. 

Late of Caius College, Cambridge. 
L S. Leonhard Sciimitz, Ph.D., F.R.S.E. 

Rector of the High School of Edinburgh. 
P. S. Philip Smith, B.A. 

Of the University of London. 

H. W. Robert Whiston, M.A. 

Fellow of Trinity College, Cambridge. 
R. N. W. Ralph Nicholson Wornum, Esq. 
J. Y. James Yates, M. A., F. R. S. 



The Articled which have no initials attached to them arc written by tlic Editor. 

A 3 




PREFACE 



TO 

THE SECOND EDITION. 



It was inevitable that many defects should be found in the first Edition of a 
work like the Dictionary of Greek and Roman Antiquities, embracing a great 
variety of subjects, written by different persons, and published periodically. 
Of these no one was more fully aware than the Editor; and accordingly, 
when the sale of a very large impression rendered the preparation of a second 
Edition necessary, he resolved to spare no pains and exertions to render the 
work still more worthy of the approbation with which it had been already 
received. The following will be found to be the principal improvements in 
the present Edition. 

1. Many of the most important articles are rewritten. This is especially 
the case in the earlier portion of the work, since it was originally intended to 
complete it in a much smaller compass than was afterwards found advisable ; 
and accordingly many subjects in the earlier letters of the alphabet were treated 
in the first Edition with a brevity which prevented the writers from giving a 
full and satisfactory explanation of several important points. 

2. Many subjects which were entirely omitted in the first Edition are here 
supplied. Any one who has had experience in the arrangement of a work in 
alphabetical order will not be surprised that there should be many omissions 
in the first Edition of such a work. Some idea may be formed of the exten- 
sive additions made to the work, when it is stated that, including the articles 
which have been rewritten, the present Edition contains upwards of three 
hundred pages of entirely new matter. 

3. Those articles which have not been rewritten have been carefully revised, 
and in many of them errors have been corrected, extraneous matter omitted, 
and much additional information given. In this part of his lahours the Editor 
has received the most valuable assistance from Mr. George Long, Dr. Schmitz, 
and Mr. Philip Smith. 

4. Additional illustrations have been given by means of new woodcuts, 
wherever the subjects appeared to require them. Many of these new wood- 



Vlll 



PREFACE TO THE SECOND EDITION. 



cuts are of considerable importance, as the reader may see by referring to 
the articles Amphitheatrum, Aquaeductus, Columna, Templum, and many 
others. 

5. An alteration has been made in the arrangement of the work, which will 
tend to facilitate its use. In the former Edition there was some inconsistency 
in the use of Greek, Latin, and English words for the names of articles. In 
the present Edition the Latin language has been always employed for the 
heading of the articles, except in those subjects connected with Greek Anti- 
quities where no corresponding words existed in Latin ; as, for instance, in legal 
terms, and in the names of magistrates. In these cases the Greek language has 
been necessarily employed ; but, incompliance with a wish expressed by many 
persons, the Greek words are given in Latin letters, with the Greek characters 
subjoined. 

In conclusion, the Editor has to express his regret that he is unable in any 
way to make the additions and alterations in the present Edition available to 
the purchasers of the former one. He had at one time thought of publishing 
them in a separate form ; but he found, as the work proceeded, that this was quite 
impossible, on account of their great number and length. In fact, the present 
Edition must be regarded, to a considerable extent, as a new work. 

WILLIAM SMITH. 

London, August 1st, 1848. 



PREFACE 

TO 

THE FIRST EDITION. 



The study of Greek and Roman' Antiquities has, in common with all other 
philological studies, made great progress in Europe within the last fifty years. 
The earlier writers on the suhject, whose works are contained in the collections 
of Gronovius and Grarvius, display little historical criticism, and give no com- 
prehensive view or living idea of the public and private life of the ancients. 
They were contented, for the most part, with merely collecting facts, and arrang- 
ing them in some systematic form, and seemed not to have felt the want of any 
thing more: they wrote about antirpiity as if" ' the people had never existed; 
they did not attempt to realise to their own minds, or to represent to those of 
others, the living spirit of Greek and Roman civilisation. But by the labours 
of modern scholars life has been breathed into the study : men are no longer 
satisfied with isolated facts on separate departments of the subject, but endea- 
vour to form some conception of antiquity as an organic whole, and to trace 
the relation of one part to another. 

There is scarcely a single subject included under the general name of Greek 
and Roman Antiquities, which has not received elucidation from the writings 
of the modern scholars of Germany. The history and political relations of the 
nations of antiquity have been placed in an entirely different light since the 
publication of Nicbuhr's Roman History, which gave a new impulse to the 
-t mly, and has been succeeded by the works of Bockh, K. 0. Miiller, Wachs- 
muth, K. P. Hermann, and other distinguished scholars. The. study of the 
Roman law, which has been unaccountably neglected in this country, has been 
prosecuted with extraordinary success by the great jurists of Germany, among 
whom Savigny stands preeminent, and claims our profoundest admiration. 
The subject of Attic law, though in a scientific point of view one of much 
less interest and importance than the Roman law, but without a competent 
knowledge of which it is impossible to understand the Greek orators, has also 
received much elucidation from the writings of Meier, Schiimaim, Bunscn, 
Platner, Hudtwalcker, and others. Nor has the private life of the ancients 
been neglected. The discovery of Ilerculaneum and Pompeii ha- supplied 



X 



PREFACE TO THE FIRST EDITION. 



us with important information on the subject, which has also been dis- 
cussed with ability by several modern writers, among whom W. A. Becker, of 
Leipzig, deserves to be particularly mentioned. The study of ancient art like- 
wise, to which our scholars have paid little attention, has been diligently cul- 
tivated in Germany from the time of Winckelmann and Lessing, who founded 
the modern school of criticism in art, to which we are indebted for so many 
valuable works. 

While, however, so much has been done in every department of the subject, 
no attempt has hitherto been made, either in Germany or in this country, to 
make the results of modern researches available for the purposes of instruction, 
by giving them in a single work, adapted for the use of students. At present, 
correct information on many matters of antiquity can only be obtained by 
consulting a large number of costly works, which few students can have access 
to. It was therefore thought that a work on Greek and Roman Antiquities, 
which should be founded on a careful examination of the original sources, with 
such aids as could be derived from the best modern writers, and which should 
bring up the subject, so to speak, to the present state of philological learning, 
would form a useful acquisition to all persons engaged in the study of antiquity. 

It was supposed that this work might fall into the hands of two different classes 
of readers, and it was therefore considered proper to provide for the probable 
wants of each, as far as was possible. It has been intended not only for schools, 
but also for the use of students at universities, and of other persons, who may 
wish to obtain more extensive information on the subject than an elementary 
work can supply. Accordingly numerous references have been given, not only 
to the classical authors, but also to the best modern writers, which will point 
out the sources of information on each subject, and enable the reader to extend 
his inquiries further if he wishes. At the same time it must be observed, 
that it has been impossible to give at the end of each article the whole of the 
literature which belongs to it. Such a list of works as a full account of 
the literature would require, would have swelled the work much beyond the 
limits of a single volume, and it has therefore only been possible to refer to the 
principal modern authorities. This has been more particularly the case with 
such articles as treat of the Roman constitution and law, on which the modern 
writers are almost innumerable. 

A work like the present might have been arranged either in a systematic or 
an alphabetical form. Each plan has its advantages and disadvantages, but many 
reasons induced the Editor to adopt the latter. Besides the obvious advantage 
of an alphabetical arrangement in a work of reference like the present, it 
enabled the Editor to avail himself of the assistance of several scholars who had 
made certain departments of antiquity their particular study. It is quite im- 
possible that a work which comprehends all the subjects included under Greek 
and Roman Antiquities can be written satisfactorily by any one individual. As 
it was therefore absolutely necessary to divide the labour, no other arrangement 
offered so many facilities for the purpose as that which has been adopted ; in 
addition to which, the form of a Dictionary has the additional advantage of 
enabling the writer to give a complete account of a subject under one head, 
which cannot so well be done in a systematic work. An example will illustrate 
what is meant. A history of the patrician and plebeian orders at Rome can 



PREFACE TO THE FIE ST EDITION. 



XI 



only be gained from a systematic work by putting together the statements con- 
tained in many different parts of the work, while, in a Dictionary, a connected 
view of their history is given from the earliest to the latest times under the 
respective words. The same remark will apply to numerous other subjects. 

Some subjects have been included in the present work which have not usually 
been treated of in works on Greek and Roman Antiquities. These subjects 
have been inserted on account of the important influence which they exercised 
upon the public and private life of the ancients. Thus, considerable space has 
been given to the articles on Painting and Statuary, and also to those on the 
different departments of the Drama. There may seem to be some inconsistency 
and apparent capriciousness in the admission and rejection of subjects, but it is 
very difficult to determine at what point to stop in a work of this kind. A 
Dictionary of Greek and Roman Antiquities, if understood in its most extensive 
signification, would comprehend an account of every tiling relating to antiquity. 
In its narrower sense, however, the term is confined to an account of the public 
and private life of the Greeks and Romans, and it is convenient to adhere to 
this signification of the word, however arbitrary it may be. For this reason 
several articles have been inserted in the work which some persons may regard 
as out of place, and others have been omitted which have sometimes been im- 
properly included in writings on Greek and Roman Antiquities. Neither the 
names of persons and divinities, nor those of places, have been inserted in the 
present work, as the former will be treated of in the " Dictionary of Greek and 
Roman Biography and Mythology," and the latter in the " Dictionary of Greek 
and Roman Geography." 

The subjects of the woodcuts have been chosen by the writers of the articles 
which they illustrate, and the drawings have been made under their superinten- 
dence. * Many of these have been taken from originals in the British Museum, 
and others from the different works which contain representations of works of 
ancient art, as the Museo Borbonico, Museo Capitolino, Millin's Peintures de 
Vases Antiques, Tischbein's and D'Hancarville's engravings from Sir William 
Hamilton's Vases, and other similar works. Hitherto little use has been made in 
this country of existing works of art, for the purpose of illustrating antiquity. In 
many cases, however, the representation of an object gives a far better idea of 
the purposes for which it was intended, and the way in which it was used, than 
any explanation in words only can convey. Besides which, some acquaintance 
with the remains of ancient art is almost essential to a proper perception of the 
spirit of antiquity, and would tend to refine and elevate the taste, and lead to a 
just appreciation of works of art in general. 

Mr. George Long, who has contributed to this work the articles relating to 
Roman Law, has sent the Editor the following remarks, which he wishes to 
make respecting'the articles he lias written, and which are accordingly subjoined 
in his own words. 

" The writer of the articles marked with the letters G. L. considers some 
" apology necessary in respect of what he has contributed to this work. He lias 
" never had the advantage of attending a course of lectures on Roman Law, and 
" he has written these articles in the midst of numerous engagements, which left 



* The woodcuts have hcen executed by Mr. John .Jackson. 



xn 



PREFACE TO THE FIRST EDITION. 



" little time for other labour. The want of proper materials also was often felt, 
" and it would have been sufficient to prevent the writer from venturing on 
" such an undertaking, if he had not been able to avail himself of the library 
" of his friend, Mr. William Wright, of Lincoln's Inn. These circumstances 
" will, perhaps, be some excuse for the errors and imperfections which will be 
" apparent enough to those who are competent judges. It is only those who 
" have formed an adequate conception of the extent and variety of the matter 
" of law in general, and of the Eoman Law in particular, who can estimate the 
" difficulty of writing on such a subject in England, and they will allow to him 
" who has attempted it a just measure of indulgence. The writer claims such 
" indulgence from those living writers of whose labours he has availed himself, 
" if any of these articles should ever fall in their way. It will be apparent 
" that these articles have been written mainly with the view of illustrating 
" the classical writers ; and that a consideration of the persons for whose use 
" they are intended, and the present state of knowledge of the Roman Law in 
" this country, have been sufficient reasons for the omission of many important 
" matters which would have been useless to most readers and sometimes unin- 
" telligible. 

" Though few modern writers have been used, compared with the whole 
" number who might have been used, they are not absolutely few, and many of 
" them to Englishmen are new. Many of them also are the best, and among 
" the best, of the kind. The difficulty of writing these articles was increased by 
" the want of books in the English language ; for, though we have many writers 
" on various departments of the Roman Law, of whom two or three have been 
" referred to, they have been seldom used, and with very little profit." 

It would be improper to close these remarks without stating the obligations 
this work is under to Mr. Long. It was chiefly through his advice and en- 
couragement that the Editor was induced to undertake it, and during its 
progress he has always been ready to give his counsel whenever it was 
needed. It is therefore as much a matter of duty as it is of pleasure, to make 
this public acknowledgment to him. 

WILLIAM SMITH. 



London, April 2nd, 1842. 



DICTIONARY 

OF 

GREEK AND ROMAN ANTIQUITIES. 



ABACUS. 

ABACUS (a§a£) denoted primarily a square 
tablet of any material ; and was hence applied in 
the following significations : — 

1. In Architecture it denoted the flat square 
stone, which constituted the highest member of a 
column, being placed immediately under the archi- 
trave. The annexed figure is drawn from that in 
the British Museum, which was taken from the 
Parthenon at Athens, and is a perfect specimen of 
the capital of a Doric column. 




In the more ornamented orders of architecture, 
such as the Corinthian, the sides of the abacus 
were curved inwards, and a rose or some other 
decoration was frequently placed in the middle of 
each side ; but the name Abacus was given to the 
stone thus diversified and enriched, as well as in 
its original form. (Vitruv. iii. 3, iv. 1. § 7.) 

2. A painted panel, coffer, or square compart- 
ment in the wall or ceiling of a chamber. (1'Iin. 
//. N. xxxiii. 56, xxxv. 1, 13 ; Vitruv. vii. 3. 
§ 10 ; Letronne, J'eintur. mttr. p. 476.) 

3. A wooden tray, used for a variety of pur- 
poses in domestic economy. It was, for instance, 
the name given to the murine (/iawrpo), or tray for 
kneading dough. (Cratin. I'ruij. p. '27, ed. Runkcl; 
Pollux, vi. 90, x. 106 ; Cato, It. It. 10 ; Hesych. 
». r. fidKTpa ; Schol. in Theoer. iv. 61.) 

4. A board, covered with sand or dust, used by 
mathematicians for drawing diagrams (Kustath. in 
f)d. i. 107), and by arithmeticians for the purposes 
of calculation. (Pers. Sat. i. 131.) For the latter 
purpose perpendicular lines or channels seem to 
have been drawn in the sand upon the board ; but 
sometimes the board had perpendicular wooden di- 
visions, the s|ince on the right hand being intende d 
for units, the next space for tens, the next for 
hundreds, and so on. Thus was constructed the 



ABACUS. 

aSaKtov, £<p' ou \]n)<pi£ovoiv, " the abacus on which 
they calculate," i. e. reckon by the use of stones 
(\pr)<j)oi, calculi). (Comp. Pol. v. 26.) The figure 
following represents the probable form and appear- 
ance of such an abacus. The reader will observe, 
that stone after stone might be put into the right- 
hand partition until they amounted to 10, when it 
would be necessary to take them all out as repre- 
sented in the figure, and instead of them to put 
one stone into the next partition. The stones in 
this division might in like manner amount to 10, 
thus representing 10 x 10 = 100, when it would be 
necessary to take out the 1 0, and instead of them 
to put one stone into the third partition, and so on. 
On this principle the stones in the abacus, as de- 
lineated in the figure, would be equivalent to 
359,310. 




5. A board adapted for playing with dice or 
counters, resembling a draught-board or back- 
gammon-board. (Caryst. a/>. Atli. x. p. 435, d ; 
Suet Mr. 22; Macrob. Sat. i. 5.) The (i reeks had 
a tradition ascribing this contrivance to Palamedes, 
hence they called it " the abacus of Palamedes. " 
(To UaXafiT]huov iGaKiov, Kustath. in Od. i. 107.) 
[Latruni CM. I 

6. A table or sideboard, chiefly used for the 
display (ejjxjiwrc) of gold and silver cups. The 
tops of such tables were sometimes made of silver, 
but more usually of marble, and appear in some 
cases to have had numerous cells or partitions be- 
neath, in which the plate was likewise placed. The 
use of abaci was lir,t introduced at Home from Asia 
Minor after the victories of Cn. Manlius Vulso, 
H. <:. 1117, and their introduction was regarded a t 
one of the marks of the growing luxury of the age. 

I 



2 



ABORTIO. 



ACCEPTILATIO. 



(Cic. Verr. iv. 16, Tusc. v. 21 ; Liv. xxxix. 6 ; 
Plin. H.N. xxxvii. 6 ; Petron. 73 ; Sid. Apoll. xvii. 
7, 8.) These abaci are sometimes called mensae 
Delphicae. (Cic. Verr. iv. 59 ; Mart. xii. 67 ; 
Becker, Gallus, vol. i. p. 140.) 

7. A part of the theatre on or near the stage. 

8. The diminutive Abaculus (aSaKiaxos) de- 
noted a tile of marble, glass, or any other substance 
used for making ornamental pavements. They were 
of various colours. (Plin. H. N. xxxvi. 67 ; Mos- 
chion, aip. Ath. v. 207, d.) [J. Y.J 

ABACTUS VENTER. [Abortio.] 
ABALIENA'TIO. [Mancipium.] 
ABDICA'TIO. [Magistrates.] 
ABO L LA, the Latin form of ifj.g6x\a, i. e. 
aea&oA-rj, a loose woollen cloak. Nonius quotes a 
passage of Varro to show that it was a garment 
worn by soldiers (vestis militaris), and thus op- 
posed to the toga. Its form and the mode of 
wearing it are seen in the figures annexed, taken 
from the bas-reliefs on the triumphal arch of Sep- 
timius Severus at Rome. 




It was, however, not confined to military occa- 
sions, but was also worn in the city. (Suet. Cal. 
35.) It was especially used by the Stoic philoso- 
phers at Rome as the pallium philosophicum, just as 
the Greek philosophers were accustomed to dis- 
tinguish themselves by a particular dress. (Juv. 
iv. 75; Mart. iv. 53, viii. 48.) Hence the expres- 
sion of Juvenal (iv. 75) /acinus majoris abollae 
merely signifies, " a crime committed by a very 
deep philosopher." (Heimich, ad Juv. I.e.; Becker, 
Gallus, vol. ii. p. 99.) 

ABO'RTIO. This word and the cognate word 
aborlivus, abortus, were applied to a child pre- 
maturely born, whence it appears that they were 
also applied to signify a premature birth brought 
about designedly. The phrase abactus venter in 
Paulus {Sent. Recep. iv. 9) simply means a pre- 
mature birth. That abortion in the secondary sense 
of the word was practised among the Romans, 
appears from various passages and from there being 
an enactment against it. (Dig. 48. tit. 19. s. 38.) 
It is not stated at what time a penalty against pro- 
curing abortion was established. It is maintained 
by some modern writers that the practice of abor- 
tion became so common among the Romans, that 
combined with celibacy and other causes it mate- 



rially diminished the population of Rome. But this 
general assertion is not sufficiently proved. The 
practice of abortion appears not to have been viewed 
in the same light by the Greeks and Romans as 
by the Christian nations of modern times. Aris- 
totle in his Politih (vii. 14), recommends it on the 
condition that the child has not yet got sensation 
and life, as he expresses it. In Plato's Republic 
(v. p. 25), it is also permitted. At Athens, a per- 
son who had caused the abortion of a child by 
means of a potion (a/j.§\a>6pidiov), was liable to an 
action (ajU&Actiffe&JS ypcupri), but we do not know 
what was the penalty in case of conviction : it was 
certainly not death. There was a speech of Lysias 
on this subject, which is lost. (Fraa. p. 8. ed. 
Reiske.) [G. L.] 

ABROGA'TIO. [Lex.] 

ABSOLU'TIO. [Judex.] 

ABSTINENDI BENEFI'CIUM. [Heres.] 

ABU'SUS. [Usus Fructus.] 

ACAENA ('A/caiV??, a/cawa, or in later Greek 
a.Keva,m one place &Kaivov) is a very ancient Greek 
word, for it is said to have been derived from the 
Thessalians or from the Pelasgians. It seems ori- 
ginally to have meant a pointed stick : thus it was 
applied both to a goad and to a shepherd's staff. 
Afterwards it came (like our pole and perch, and 
the German stange) to mean a measuring rod of the 
length of ten Greek feet, or, according to Hesychius, 
9f ir^xeis, which is the same thing. It was used 
in measuring land, and thus it resembles the Ro- 
man decempeda. It is doubtful whether there 
was a corresponding square measure. (Schol. in 
Apoll. R/wd. iii. 1326 ; Suid. s. v. ; Hesych. s. v. ; 
Schow, Hesych. Restit. p. 648 ; Olympiodor. ad 
Aristot. Meteorolog. p. 25 ; Heron, ap. Salmas. ad. 
Solin.Tp. 481.; Wurm, de Pond. p. 93.) Compare 
Acna. [P. S.] 

ACA'TIUM. [Navis.] 

ACCENSI. 1. Public officers who attended on 
several of the Roman magistrates. They sum- 
moned the people to the assemblies, and those who 
had lawsuits to court ; they preserved order in the 
assemblies and the courts, and proclaimed the time 
of the day when it was the third hour, the sixth 
hour, and the ninth hour. An accensus anciently 
preceded the consul who had not the fasces, and 
lictors without fasces walked behind him, which 
custom after being disused was restored by Julius 
Caesar in his first consulship. (Varr. L. L. vii. 58, 
ed. Miiller ; Plin. H. N. vii. 60 ; Suet. Jul. 20 ; 
Liv. iii. 33.) Accensi also attended on the governors 
of provinces (Cic. ad Fratr. i. 1. § 4), and were 
commonly freedmen of the magistrate on whom they 
attended. 

2. A body of reserve troops, who followed the 
Roman army without having any military duties to 
perform, and who were taken one by one to supply 
any vacancies that might occur in the legions. 
They were according to the census of Servius 
Tullius taken from the fifth class of citizens. They 
were placed in battle in the rear of the army, be- 
hind the triarii, and seem to have acted sometimes 
as orderlies to the officers. They were also called 
Adscripticii and in later times Supernumerarii. 
(Fest. s. v. Accensi, Adscripticii ; Liv. i. 43, viii. 
8, 10 ; Veget. ii. 19 ; Niebuhr, Rom. Hist. vol. i. 
p. 449, &c.) 

ACCEPTILA'TIO is defined to be a release by 
mutual interrogation between debtor and creditor, 
by which each party is exonerated from the same 



ACCESSIO. 



ACERRA. 



3 



contract In other words acceptilatio is the form 
of words by which a creditor releases his debtor 
from a debt or obligation, and acknowledges he has 
received that which in fact he has not received 
(veluti imaginaria solutio). This release of debt by 
acceptilatio applies only to such debts as have been 
contracted by stipulatio, conformably to a rule of 
Roman law, that only contracts made by words 
can be put an end to by words. But the astuteness 
of the Roman lawyers found a mode of complying 
with the rule, and at the same time extending the 
acceptilatio to all kinds and to any number of con- 
tracts. This was the invention of Gallus Aquilius, 
who devised a formula for reducing all and every 
kind of contracts to the stipulatio. This being 
done, the acceptilatio would immediately apply, 
inasmuch as the matter was by such formula 
brought within the general rule of law above men- 
tioned. The acceptilatio must be absolute and not 
conditional. A part of a debt or obligation might 
be released as well as the whole, provided the 
thing was in its nature capable of division. A 
pnpillus could not release a debt by acceptilatio, 
without the auctoritas of his tutor, but he could be 
released from a debt A woman also could not 
release a debt by stipulatio without the auctoritas 
of a tutor. The phrase by which a creditor is said 
to release his debtor by acceptilatio is, deiitori ac- 
ceplum, or accepto facere or /erre, or acceplum ha- 
bere. When anything which was done on the behalf 
of or for the state, such as a building for instance, 
was approved by the competent authorities, it was 
said, m acceplum /erri, or re/erri. (Dig. 4G. tit. 
4 ; 48. tit 11. s. 7 ; Gaius, ii. 84, 4tc. iii. 169, 
&c.) [G.L.] 

ACCE'SSIO is a legal term which signifies that 
two things arc united in such wise that one is 
considered to become a component part of the other ; 
one thing is considered the principal, and the other 
is considered to be an accession or addition to it. 
Sometimes it may be doubtful which is to be con- 
sidered the principal thing and which the accession. 
But the owner of the principal thing, whichever it 
is, became the owner of the accession also. The 
most undisputed kind of acccssio is that which 
arises from the union of a thing with the ground ; 
and when the union between the ground and the 
thing is complete, the thing belongs to him who is 
the owner of the ground. Thus if a man builds 
on the ground of another man, the building belongs 
to the owner of the ground, unless it is a building 
of a moveable nature, as a tent ; for the rule of law 
is "superficies solo cedit" A tree belonging to 
one man, if planted in the ground of another man, 
belongs to the owner of the ground as soon as it 
has taken root. The same rule applies to seeds 
and plants. 

If one man wrote on the papyrus (chartulae) or 
parchment (membranac) of another, the material 
was considered the principal, and of course the 
writing belonged to the owner of the paper or parch- 
ment If a man painted a picture on another man's 
wood (tabula) or whatever the materials might be, 
the painting was considered to be the principal 
(tabula picturae cedit). The principle which de- 
termined the acquisition of a new property by nc- 
ccssio was this — the intimate and inseparable union 
of the accessory with the principal. Accordingly, 
there might be nccessio by pure accident without 
the intervention of any rational agent. If n piece 
of land was torn away by a stream from one man's 



land and attached to the land of another, it became 
the property of the man to whose land it was at- 
tached after it was firmly attached to it, but not 
before. This must not be confounded with the case 
of Alluvio. 

The person who lost his property by accessio 
had as a general rule a right to be indemnified 
for his loss by the person who acquired the new 
property. The exceptions were cases of mala fides. 

The term accessio is also applied to things which 
are the products of other things, and not added to 
them externally as in the case just mentioned. 
Every accessio of this kind belongs to the owner 
of the principal thing : the produce of a beast, the 
produce of a field, and of a tree belongs to the 
owner. In some cases one man may have a right 
to the produce (fructus) of a thing, though the 
thing belongs to another. [Usus fructus.] 

The term accessiones was also applied to those 
who were sureties or bound for others, as fidejussores. 
(Dig. 45. tit. 1. s. 91. ; Puchta, C'ursus der Institu- 
lionen, ii. p. 661 ; Dig. 41. tit 1 ; Gaius, ii. 73, 
&c Confusio.) [G. L.j 

ACCLAMA'TIO was the public expression of 
approbation or disapprobation, pleasure or dis- 
pleasure, &c. by loud acclamations. On many oc- 
casions, there appear to have been certain forms of 
acclamations always used by the Romans ; as, for 
instance, at marriages, lo Hymen, Hymenuee, or 
Talassio (explained by Liv. i. 9.) ; at triumphs, lb 
triumph, Io triumphe ; at the conclusion of plays 
the last actor called out Plaudile to the spectators ; 
orators were usually praised by such expressions as 
1 1 pracrhrt, Jiclle ft /entire, A"«« potest Melius, 
&c. (Cic. De Orat. iii. 26.) Under the empire 
the name of acclamaliones was given to the praises 
and flatteries which the senate bestowed upon the 
emperor and his family. These acclamationcs, 
which are frequently quoted by the Scrip/ores His- 
toriae Auijustac, were often of considerable length, 
and seem to have been chanted by the whole body 
of senators. There were regular acclamaliones 
shouted by the people, of which one of the most 
common was Dii tc servent. (Capitol. Maxim, duo, 

16, 26, Gordian. Ires, 11 ; Lamprid. Alex. Sever. 
6—12 ; Vopisc. Tac. 4, 5, 7, Prob. 11.) Other 
instances of acclamaliones arc given by Ferrarius, 
De Vetcrum Acclumatiunibuset I'lauiu, inGraevius, 
Tlicsaur. Horn. Antiq. vol. vi. 

ACCUBA'TIO, the act of reclining at meals. 
[Coesa.] 

ACCU'BITA, the name of couches which were 
used in the time of the Roman emperors, instead 
of the triclinium, for reclining upon at meals. The 
mattresses and feather-beds were softer and higher, 
and the supports ( /ulrra) of them lower in pro- 
portion, than in the triclinium. The clothes and 
pillows spread over them we re called accubitnlin. 
(Lamprid. Httiog. 19,2.5; SchoL ad Job. Sat. y. 

17. ) [J.T.] 
ACCUSA'TIO. [Judkx.1 

ACKKHA (AiCapaTfJl'v, til.' incelixe box lined 

in sacrifices. (I lor. farm. iii. 8. 2 ; Virg. Aen. v. 
74.5.) The incense was taken out of the acerm 
anil li t fall upon the burning altar : hence, we have 
the expression de acrru lilnire. (Ov. r.v Pont. iv. 
8.39; Pers. ii. .5.) [TOTUBCLUH.] The ncorra 
repn t' iited below is taken from a bas-relief ill the 
museum of the Capitol. 

Tin' aci-rni was also, arcordiwt to I'Yxtus (.«. t\), 
a small altar, placed before the dead, on which 
B 2 



4 ACHAICUM FOEDUS. 




perfumes were burnt. There was a law in the 
Twelve Tables, which restricted the use of acerrae 
at funerals. (Cic. de Leg. ii. 24.) [J. Y.] 

ACETABULUM {ops, o&gaQov, bt,v§a<piov), 
a vinegar-cup, which, from the fondness of the 
Greeks and Romans for vinegar, was probably 
always placed on the table at meals to dip the food 
in before eating it. The vessel was wide and 
open above, as we see in the annexed cut, taken 
from Panof ka's work on Greek vases ; and the 
name was also given to all cups resembling it in 
size and form, to whatever use they might be ap- 
plied. They were commonly of earthenware, but 
sometimes of silver, bronze, or gold. (Aristoph. 
Av. 361 ; Athen. vi. p. 230, xi. p. 494 ; Quintil. 
viii. 6.) The cups used by jugglers in their per- 
formances were also called by this name. (Sen. 
Ep. 45.) 




ACETA'BULUM, a Roman measure of capa- 
city, fluid and dry, equivalent to the Greek o^v€a<pov. 
It was one-fourth of the hemina; and therefore 
one-eighth of the sextarius. It contained the 
weight in water of fifteen Attic drachmae. (Plin. 
H. N. xxi. 34. s. 109.) [P. S.] 

ACHAICUM FOEDUS, the Achaean league. 
In treating of the Achaean league we must dis- 
tinguish between two periods, the earlier and the 
later ; the character of the former was pre-eminently 
religious, and that of the latter pre-eminently po- 
litical. 

1. Tlie earlier period. — When the Heracleidae 
took possession of Peloponnesus, which had until 
then been chiefly inhabited by Achaeans, a portion 
of the latter, under Tisamenus, turned northwards 
and occupied the north coast of Peloponnesus, which 
was called alyia\6s, and from which the Ionians, 
its former inhabitants, were expelled and sought 
refuge in Attica. The country which was thus 
occupied by the Achaeans and derived from them 
its name of Achaia, contained twelve confederate 
towns, which were governed by the descendants of 



ACHAICUM FOEDUS. 

Tisamenus, till at length they abolished the kingly 
rule after the death of Ogyges, and established a 
democracy. In the time of Herodotus (i. 145 ; 
comp. Strab. viii. p. 383, &c.) the twelve towns of 
which the league consisted were : Pellene, Aegeira, 
Aegae, Bura, Helice, Aegium, Rhypes (Rhypae), 
Patreis (ae), Phareis (ae), Olenus, Dyme, and 
Tritaeeis (Tritaea). After the time of Herodotus, 
Rhypes and Aegae disappear from the number of 
the confederated towns, as they had become de- 
serted (Paus. vii. 23. 25 ; Strab. viii. p. 387), and 
Ceryneia and Leontium stepped into their place. 
(Polyb. ii. 41 ; comp. Paus. vii. 6.) The common 
place of meeting was Helice, which town, together 
with Bura, was swallowed up by the sea during 
an earthquake in b. c. 373, whereupon Aegium was 
chosen as the place of meeting for the confederates. 
(Strab. viii. p. 384 ; Diod. xv. 48 ; Paus. vii. 24.) 
The bond which united the towns of the league 
was not so much a political as a religious one, as is 
shown by the common sacrifice offered at Helice to 
Poseidon. This solemn sacrifice was perfectly 
analogous to that offered by the Ionians at the 
Panionia, and it is even intimated by Herodotus 
that it was an imitation of the Ionian solemnity. 
After the destruction of Helice, and when Aegium 
had become the central point of the league, the com- 
mon sacrifice was offered up to the principal divini- 
ties of the latter town ; that is, to Zeus, surnamed 
Homagyrius, and to Demeter Panachaea. (Paus. 
vii. 24.) In a political point of view the connec- 
tion between the several towns appears to have 
been very loose, for we find that some of them 
acted quite independently of the rest. (Thuc. ii. 
9.) The confederation exercised no great influence 
in the affairs of Greece down to the time when it 
was broken up by the Macedonians. The Achaeans 
kept aloof from the restless commotions in the other 
parts of Greece, and their honesty and sincerity 
were recognised by the circumstance of their being 
appointed, after the battle of Leuctra, to arbitrate 
between the Thebans and Lacedaemonians. (Po- 
lyb. ii. 39.) Demetrius, Cassander and Antigonus 
Gonatas placed garrisons in some of their towns, 
and in others tyrants rose supported by Macedonian 
influence. The towns were thus torn from one 
another, and the whole confederacy destroyed. 

2. T/ie later period. — ■ When Antigonus in B. c. 
281 made the unsuccessful attempt to deprive 
Ptolemaeus Ceraunus of the Macedonian throne, 
the Achaeans availed themselves of the opportunity 
of shaking off the Macedonian yoke, and renewing 
their ancient confederation. The grand object how- 
ever now was no longer a common worship, but a 
real political union among the confederates. The 
towns which first shook off the yoke of the op- 
pressors, were Dyme and Patrae, and the alliance 
concluded between them was speedily joined by the 
towns of Tritaea and Pharae. (Polyb. ii. 41.) One 
town after another now expelled the Macedonian 
garrisons and tyrants ; and when, in B. c* 277, 
Aegium, the head of the earlier league, followed 
the example of the other towns, the foundation of 
the new confederacy was laid, and the main prin- 
ciples of its constitution were settled, though after- 
wards many changes and modifications were intro- 
duced. The fundamental laws were, that hence- 
forth the confederacy should form one inseparable 
state, that each town, which should join it, should 
have equal rights with the others, and that' all 
members, in regard to foreign countries, should be 



ACHAICUM FOEDUS. 
regarded as dependent, and hound to obey in every 
respect the federal government, and those officers 
who were entrusted with the executive. (Polyb. 
ii. 37, &c.) No town therefore was allowed to 
treat with any foreign power without the sanction 
of the others. Aegiura, for religious reasons, was 
at first appointed the central point of the league, 
and retained this distinction until the time of Phi- 
lopoemen, who carried a decree that the meetings 
might be held in any of the towns of the con- 
federacy. (Liv. xxxviii. 30.) Aegium therefore 
was the scat of the government, and it was there 
that the citizens of the various towns met at regular 
and stated times, to deliberate upon the common 
affairs of the league, and if it was thought neces- 
sary, upon those of separate towns, and even upon 
individuals, and to elect the officers of the league. 
After having thus established a firm union among 
themselves, they zealously exerted themselves in 
delivering other towns also from their tyrants and 
oppressors. The league, however, acquired its 
great strength in B. c. 251, when Aratus united 
Sicyon, his native place, with it, and some years 
later gained Corinth also for it. Megara, Troczcne, 
and Epidaurus soon followed their example. After- 
wards Aratus persuaded all the more important 
towns of Peloponnesus to join the confederacy, and 
thus Megalopolis, Argos, Hermione, Phlius, and 
others were added to it. In a short period the 
league reached the height of its power, for it em- 
braced Athens, Megara, Aegina, Salamis, and the 
whole of Peloponnesus, with the exception of 
Sparta, Elis, Tegea, Orchomcnos, and Mantincia. 
Greece seemed to revive, and promised to become 
stronger and more united than ever, but it soon 
was clear that its fresh power was only employed 
in self-destruction and annihilation. liut it would 
be foreign to the object of this work to enter fur- 
ther into the hi.itory of the confederacy : we must 
confine ourselves to an outline of its constitution, 
as it existed at the time of its highest prosperity. 

Polybius (ii. 38) remarks that there was no 
other constitution in the world, in which all the 
members of the community had such a perfect 
equality of rights, and so much liberty, and, in 
short, which was so perfectly democratical and so 
free from all selfish and exclusive regulations, jis 
the Achaean league ; for all members had equal 
rights, whether they had belonged to it for many 
years, or whether they had only just joined it, and 
whether they were large or small towns. The 
common affairs of the confederate towns were regu- 
lated at general meetings attended by the citizens 
of all the towns, and held regularly twice every 
year, in the spring and in the autumn. These 
meetings which lasted three days, were held in a 
grove of Zeus Ilomagyrius in the neighbourhood of 
Aegium,and near a sanctuary of Demeter Panachaea. 
(Polyb. ii. 54, iv. 37, v. 1, xxix. .0; Liv. xxxii. 22, 
xxxviii. 32; Strab. viii. p. 3115; Pans. vii. 2-1.) In 
cases of urgent necessity, however, extraordinary 
meetings might be convened, either at Aegium or 
in any other of the confederate places. (Liv. xxxi. 
25; Polyb. xxv. 1, xxix. H ; Pint Aral. 41.) 
Every citizen, both rich and poor, who had at- 
tained the age of thirty, might attend the assem- 
blies, speak and propose any measure, to which 
they were invited by a public herald. (Polyb. 
xxix. 9 ; Liv. xxxii. 20.) Under these circum- 
stances the assemblies were sometimes of the most 
tumultuous kind, and a wise and experienced man 



ACHAICUM FOEDUS. 5 
might find it difficult to gain a hearing among the 
crowds of ignorant and foolish people. (Polyb. 
xxxviii. 4.) It is, however, natural to suppose that 
the ordinary meetings, unless matters of special 
importance were to be discussed, were attended 
chiefly by the wealthier classes, who had the means 
of paying the expenses of their journey, for great 
numbers lived at a considerable distance from the 
place of meeting. 

The subjects which were to be brought before 
the assembly were prepared by a council (£oi/\7)), 
which seems to have been permanent. (Polyb. 
xxiii. 7, xxviii. 3, xxix. 9 ; Plut. Arat. 53.) The 
principal subjects on which the great assembly had 
to decide were — peace and war (Polyb. iv. 15, 
&c.) ; the reception of new towns into the con- 
federacy (Polyb. xxv. 1) ; the election of the ma- 
gistrates of the confederacy (Polyb. iv. 37. 82 ; 
Plut Arat. 41) ; the punishment of crimes com- 
mitted by these magistrates, though sometimes 
special judges were appointed for that purpose, as 
well as the honours or distinctions to be conferred 
upon them. (Polyb. iv. 14, viii. 14, xl. 5. if ; Pans, 
vii. 9.) The ambassadors of foreign nations had 
to appear before the assembly, and to deliver the 
messages of their states, which were then discussed 
by the assembled Achaeans. (Polyb. iv. 7, xxiii. 
7, &c, xxviii. 7 ; Liv. xxxii. 9.) The assembly 
likewise had it in its power to decree, as to whe- 
ther negotiations were to be carried on with any 
foreign power or not, and no single town was al- 
lowed to send embassies to a foreign power on its 
own responsibility even on matters of merely local 
importance, although otherwise every separate town 
managed its own internal affairs at its own dis- 
cretion, so long as it did not interfere with the 
interests of the league. No town further was al- 
lowed to accept presents from a foreign power. 
(Polyb. xxiii. 8 ; Paus. vii. 9.) The votes in the 
assembly were given according to towns, each hav- 
ing one vote, whether the town was large or small. 
(Liv. xxxii. 22, &c.) 

The principal officers of the confederacy were : 
1. at first two strategi ((rrparriyoi), but after the 
year B. c. 255, there was only one (Strab. viii. 
p. 385), who in conjunction with an hipparchufl 
('Imrapxos) or commander of the cavalry (Polyb. 
v. 95, xxviii. G) and an undcr-strateirus {xmoarpa- 
rriyds, Polyb. iv. 59) commanded the army fur- 
nished by the confederacy, and was entrusted with 
the whole conduct of war ; 2. a public secretary 
(ypapi)jiaT(vs), and 3. ten demiurgi (Sriixiuvpyol, 
Strab. /. c. ; Liv. xxxii. 22, xxxviii. 30 ; Polyb. v. 
1, xxiii. 10, who calls the demiurgi tipxomtt). 
These officers seem to have presided in the great 
assembly, where they probably formed the body of 
men which Polybius (xxxviii. 5) calls the ytpovaia; 
the demiurgi or the stratcgus might convene the 
assembly, tlmou'li tin- lattrr only when the people 
were convened in anus ami for military purposes. 
(Polyb. iv. 7; Liv. xxxv. 25.) All the officers of 
the- leairii'' were ' I' < f I in thi' assembly held in 
the spring, at the rising of the Pleiades (Polyb. ii. 
43, iv. (i. 37, v. 1), and legally they were invested 
with their several offices only for one year, though 
it frequently happened that men of great merit and 
distinction were re-elected for several successive 
years. (Pint, A rat. 24. 30, flmm. 15.) If.meoT 
the officers died during the period of his ollire, his 
place was filled by his predecessor, until the time 
for the new elections arrived. (I'olvb. xl. 2.) Tho 

b :t 



6 



ACINACES. 



ACROTERIUM. 



close union existing among the confederate towns 
was, according to Polybius (ii. 37), strengthened 
by their adopting common weights, measures, and 
coins. 

But the perpetual discord of the members of the 
league, the hostility of Sparta, the intrigues of the 
Romans, and the folly and rashness of the later 
strategi, brought about not only the destruction and 
dissolution of the confederacy, but of the freedom 
of all Greece, which with the fall of Corinth, in 
B. c. 146, became a Roman province under the 
name of Achaia. (Comp. Schorn, Gesch. Griechen- 
lands von der Entstehung des Aetol. u. Ach'disch. 
Bundes, especially pp. 49, &c. 60, &c; A. Matthiae, 
Vermischte Schriften, p. 239, &c. ; Drumann, Ideen 
zur Gesch. des Verfalls der Griech. Staaten, p. 447 ; 
Tittmann, Griech. Staatsverfass. p. 673, &c. ; K. F. 
Hermann, Griech. Staatsalterth. § 185.) [L. S.] 

ACHANE ('Axavrj), a Persian and Boeotian 
measure, equivalent to 45 Attic medimni. (Aris- 
tot. ap. Schol. ad Aristoph. Acharn. 108, 109 ; Suid. 
s. v.) According to Hesychius a Boeotian axavr] 
was equal to one Attic medimnus. [P. S.] 

A'CIES. [Exercitus.] 

ACI'NACES (o/cii/a/crjs), a Persian sword, 
whence Horace (Carm. i. 27. 5) speaks of the 
Medus acinaces. It was a short and straight wea- 
pon, and thus differed from the Roman sica, which 
was curved. (Pollux, i. 138 ; Joseph. Ant Jud. 
xx. 7. § 10. [Sica.] It was worn on the right 
side of the body (insignis acina.ee dextro, Val. Flacc. 
Argon, vi. 701), whereas the Greeks and Romans 
usually had their swords suspended on the left side. 

The form of the acinaces, with the method of 
using it, is illustrated by the following Persepolitan 
figures. In all the bas-reliefs found at Persepolis, 
the acinaces is invariably straight, and is com- 
monly suspended over the right thigh, never over 
the left, but sometimes in front of the body. The 
form of the acinaces is also seen in the statues of 
the god Mithras, one of which is figured in the cut 
on the title-page of this work. 




A golden acinaces was frequently worn by the 
Persian nobility, and it was often given to indi- 
viduals by the kings of Persia as a mark of honour. 
(Herod, viii. 120 ; Xen. Anab. i. 2. § 27, 8. § 29.) 

The acinaces was also used by the Caspii. 
(Herod, vii. 67.) It was an object of religious 
worship among the Scythians and many of the 
northern nations of Europe. (Herod, iv. 62 ; Comp. 
Mela, ii. 1 ; Amm. Marc. xxxi. 2.) [j' Y.] 



ACI'SCULUS. [Ascia.] 
ACLIS. [Hasta.] 

ACNA or ACNUA (also spelt agna and agnua) 
was, according to Varro, the Italian name, and 
according to Columella, the common Baetican name 
of the actus quadratus. [Actus.] An old writer, 
quoted by Salmasius, says " agnua habet pedes 
xmi. cccc," i.e. 14,400 square feet. The name is 
almost certainly connected with the Greek aKaiva, 
though the measure is different. (Varro, R.R. 
i. 10. §2 ; Colum. R. R. v. 2. § 5 ; Schneider, 
Comment, ad 11. cc. ; Salmasius, ad Solin. p. 
481.) [P. S.] 

ACO'NTION (a/cdVnoi/). [Hasta.] 
ACRATISMA (aKpanafxa). [Cobna.] 
ACROA'MA (a.Kp6afia), any thing heard, and 
especially any thing heard with pleasure, signified 
a play or musical piece ; hence a concert of players 
on different musical instruments, and also an inter- 
lude, called embolia by Cicero (pro Sext. 54), which 
was performed during the exhibition of the public 
games. The word is also applied to the actors and 
musicians who were employed to amuse guests 
during an entertainment (Cic. Verr. iv. 22 ; pro 
Arch. 9 ; Suet. Oetav. 74 ; Macrob. Sat. ii. 4) ; and 
it is sometimes used to designate the anagnostae. 
[Anagnostae.] 

ACROLITHI (oLKp6\i0oi), statues, of which the 
extremities (face, feet, and hands, or toes and 
fingers) only were of marble, and the remaining 
part of the body of wood either gilt, or, what seems 
to have been more usual, covered with drapery. The 
word occurs only in the Greek Anthology (Brunck, 
Anal. vol. iii. p. 155, No. 20 ; Anth. Pal. xii. 
40), and in Vitmvius (ii. 8. § 11) ; but statues of 
the kind are frequently mentioned by Pausanias 
(ii. 4. § 1, vi. 25. § 4, vii. 21. §§ 4 or 10, vii. 23. 
§ 5, viii. 25. § 4 or 6, viii. 31. § 1 or 2, and § 3 
or 6, ix. 4. § 1.) It is a mistake to suppose that 
all the statues of this kind belonged to an earlier 
period. They continued to be made at least down 
to the time of. Praxiteles. (Comp. Jacobs, Com- 
ment, in Anth. Grace., vol. iii. Pt. 1. p. 298 ; and 
Winckelmann, Geschichte der Kunst, B. i. c. 2. 
§13.) [P.S.] 

ACRO'POLIS (a.K.p6iro\is). In almost all 
Greek cities, which were usually built upon a hill, 
rock, or some natural elevation, there was a kind of 
tower, a castle, or a citadel, built upon the highest 
part of the rock or hill, to which the name of 
acropolis was given. Thus we read of an acropolis 
at Athens, Corinth, Argos, Messene, and many 
other places. The Capitolium at Rome answered 
the same purpose as the Acropolis in the Greek 
cities ; and of the same kind were the tower of 
Agathocles at Utica (App. Pun. 14), and that of 
Antonia at Jerusalem. (Joseph. B. J. v. § 8, 
Act. Apostol. xxi. 34.) At Athens, the Acropolis 
served as the treasury, and as the names of all 
public debtors were registered there, the expression 
of " registered upon the Acropolis " (iyyeypafj.- 
fievos iv 'AKpo7T(iA.6i) always means a public debtor 
(iv atcpowdAei y<=ypa/A/xivoi, Dem. c. Theocr. p. 
1337. 24 ; Bockh. Pvhl. Econ. of AtUns, p. 388, 
2nd edit.). 

ACROSTO'LIUM (a K po(TT6\iov). [Navis.] 
ACROTE'RIUM (a.KpwTf)piov) signifies an ex- 
tremity of any thing. It is generally used in the 
plural. 

1. In Architecture it seems to have been used 
originally in the same sense as the Latin fastigium, 



ACTA. 



ACTA. 



7 



namely, for the sloping roof of a building, and more 
particularly for the ornamental front or gable of such 
a roof, that ia,t/ie pediment. (Plut Caes. 63, com- 
pared with Cic. Philipp. ii. 43, and Suet Cues. 81.) 
The usual meaning of acroteria, however, is the 
pedestals placed on the summit of a pediment to 
receive statues or other ornamental figures. There 
were three acroteria, one above each angle of the 
pediment Vitruvius says that tho3e over the outer 
angles (acrot. angularia) should be as high as the 
apex of the tympanum, and the one over the high- 
est angle one-eighth part higher. (Vitruv. iii. 3, 
or iii. 5. § 12, ed. Schneider.) Some writers in- 
clude the statues themselves as well as the bases 
under the name ; but the only authority for this 
seems to be an error of Salmasius. (In Ael. Spart 
Pescen. Nig. 12.) 2. The extremities of the prow 
of a vessel, which were usually taken from a con- 
quered vessel as a mark of victory : the act of doing 
so was called aKparr-npii&iv. (Xen. Hell. ii. 3. § 8, 
vi. 2. § 36 ; Herod, iii. 59, viii. 121.) 3. The ex- 
tremities of a statue, wings, feet, hands, &c. (Dcm. 
c.Timocr. p. 738 ; Athcn. v. p. 199, c.) [P. S.] 

ACTA. 1. Signified the public acts and orders 
of a Roman magistrate, which after the expiration 
of his office were submitted to the senate for ap- 
proval or rejection. (Suet Caes. 19, 23 ; Cic 
Phil, i. 7, &c.) After the death of Julius Caesar 
the triumvirs swore, and compelled all the other 
magistrates to swear, to observe and maintain all 
his acta (in acta jurare, comp. Tac. Ann. i. 72 ; Suet 
Till. 67) ; and hence it became the custom on the 
accession of each emperor for the new monarch to 
swear to observe and respect all the acta of his 
predecessors from Julius Caesar downwards, with 
the exception of those who had been branded with 
infamy after death, such as Nero and Domitian. 
Every year all the magistrates upon entering upon 
their office on the 1st of January swore approval of 
the acts of the reigning emperor: this oath was ori- 
ginally taken by one magistrate in each department 
on behalf of his colleagues, but subsequently it was 
the usual practice for each magistrate to tike the 
oath personally. (Dion Cass, xlvii. 18, liii. 28; 
Tac. Ann. xvi. 22, with the Excursus of Lipsius ; 
Dion Cass, lviii. 17, lx. 2.5.) 

2. Acta Fobensia were of two kinds : first, 
those relating to the government, as lcires, ple- 
biscite edicta, the names of all the magistrates, Ate., 
which formed part of the tabulae pMicae ; and 
secondly, those connected with the courts of law. 
The acta of the latter kind contained an account 
of the different suits, with the arguments of the 
advocates and the decisions of the court In the 
time of the republic the names of those who were 
acquitted and condemned were entered on the 
records of the court (in tabubis ahmlutum mm 
rettulit, Cic. ail Fam. viii. 8. §. 3), and it appears 
from the quotations of Asconius from these Acta, 
that they must have contained abstracts of the 
speeches of the advocates as early as the time of 
Cicero. (/» Sectarian, p. 19, in MiUmian. pp. 32, 
44, 47, cd. Orelli.) Under the empire the pro- 
ceeding of the higher courts seem to have been al- 
ways preserved, and they arc frequently referred to 
in the Digest They are sometimes called (,'csta ; 
and they commenced with the names of the consuls 
for the year, and the day of the month. (Aram. 
Marc. xxii. 3 ; August. Acta c. Fnrtun. Munich. 
It' r„n. j. 1 6 ; Cod. Thcod. 2. tit 29. s. 3.) Spe- 
cimens of these Acta are given by Urissoiiius. (lie 



Formulis, v. § 113.) They were taken by clerks 
(ab actis fori), whose titles and duties occur in 
Lydus (de Magistr. ii. 20, &c) and the Notitia 
Dignitatum. 

3. Acta Militaria, contained an account of 
the duties, numbers, and expenccs of each legion 
(Veget ii. 19), and were probably preserved in 
the military treasury founded by Augustus (Suet. 
Aug. 49 ; Tac. Ann. L 78 ; Dion Cass. lv. 25.) 
The soldiers, who drew up these acta, are fre- 
quently mentioned in inscriptions and ancient wri- 
ters under various titles, as, librurius legionis ; ac- 
tuarius or actarius legionis; tubularius castrensis, 

A. Acta Sexatus, called also Commextarii 
Sexatus (Tac. Ann. xv. 74) and Acta PATRUM 
(Ann. v. 4), contained an account of the various 
matters brought before the senate, the opinions of 
the chief speakers, and the decision of the house. 
It has been usually inferred from a passage of 
Suetonius (" Inito honore primus omnium instituit, 
ut tarn senatus quam populi diurna acta conficeren- 
tur et publicarentur," Caes. 20), that the pro- 
ceedings of the senate were not published till the 
first consulship of Julius Caesar, B. c. 59 ; but this 
was not strictly the case ; for not only had the de- 
crees of the senate been written down and pub- 
lished long previously, but the debates on the 
Catilinarian conspiracy had been widely circulated 
by Cicero (p. Hull. 14, 15.) All that Suetonius 
means to say is, that the proceedings of the senate, 
which had been only occasionally published before 
and by private individuals, were for the first time, 
by the command of Caesar, published regularly 
every day (senatus acta diurna) under the authority 
of government as part of the daily gazette. Augustus 
forbade the publication of the proceedings of the 
senate, but they still continued to be preserved, 
and one of the most distinguished senators, who re- 
ceived the title ab actis senatus, was chosen by the 
emperor to compile the account. (Tac. Ann. v. 4 ; 
Spart. Hade. 3; Orelli, Inscr. No. 2274, 3186.) 
The persons entrusted with this office must not be 
confounded with the various clerks (uctuarii, scrri 
pulilici, scribae, censuales), who were present in the 
senate to take notes of its proceedings, and who 
were only excluded when the senate passed a 
scnatusconsultum taciturn, that is, when they de- 
liberated on a subject of the greatest importance, 
respecting which sccrcsy was nccc.-s.-irv <ir advisa- 
ble. (Capit (lord. 12.) It was doubtless from 
notes and papers of these clerks that the Ada were 
compiled by the senator, who was entrusted with 
this office. The Acta were deposited in some of 
the record offices in particular departments of the 
public libraries, to which access could only be ob- 
tained by the express permission of the pracfectus 
urbi. They were consulted and are frequently re- 
ferred to by the later historians (Vopisc. Priji. 2 ; 
I.amprid. .V-tvr. 56'; Capitol. Opil. Marr. 6), and 
many extracts from them were published in thci 
Acta Diurna. Tacitus and Suetonius never refer 
to the Acta Senatus as authorities, but only to the 

Acta Drama. 

5. Acta Dli;nxA, n gazette publishe d daily at 
Homo by the authority of the government during 
the later times of the republic, and under the em- 
pire, corre»|>onding in some measure to our news- 
papers. (Tar. .Inn. iii. 3, xiii. 31, xvi. 22.) In 
addition to the title Acta Diurna, we find them 
refi rred to under the names uf iJiurna, Aria I'ub- 
li I 



8 



ACTA. 



ACTIA. 



lica, Acta Urbana, Acta Rerum Urbanarum, Acta 
Populi, and they are frequently called simply 
Acta. The Greek writers on Roman history call 
them to birofj.vroj.ara, to. 5T]fj.6o~ia virofj.urjfj.aTa, 
to. 8r]fj.6<rta ypa.fj.fj.aTa and to koivo. virofivrifxara. 
The nature of their contents will be best seen from 
the following passage of Petronius (c. S3) where 
in imitation of them is given by the actuarius of 
Trimalchio : — " Actuarius — tamquam acta urbis 
recitavit : vii. Kal. Sextilis in praedio Cumano, quod 
est Trimalchionis, nati sunt pueri xxx., puellae 
XL. ; sublata in horreum ex area tritici millia mo- 
dium quingenta; boves domiti quingenti. Eodem 
die Mithridates servus in crucem actus est, quia 
Gaii nostri genio maledixerat. Eodem die in arcam 
relatum est, quod collocari non potuit, sestertium 
centies. Eodem die incendium factum est in hortis 
Pompeianis, ortum ex aedibus Nastae villici. Jam 
etiam edicta aedilium recitabantur, et saltuariorum 
testamenta, quibus Trimalchio cum elogio exhae- 
redabatur ; jam nomina villicorum et repudiata a 
circumitorc liberta in balneatoris contubernio depre- 
hensa ; atriensis Baias relegatus ; jam reus factus 
dispensator ; et judicium inter cubicularios actum." 
From this passage, and from the numerous'^passages 
in ancient writers, in which the Acta Diurna are 
quoted (references to which are given in the works 
of Le Clerc and Liberklihn cited below), it would ap- 
pear that they usually contained the following mat- 
ters : ■ — 1 . The number of births and deaths in the 
city, an account of the money paid into the treasury 
from the provinces, and every thing relating to the 
supply of corn. These particulars would be ex- 
tracted from the tabulae publicae. By an ancient 
regulation, ascribed to Servius Tullius (Dionys. iv. 
1.5), all births were registered in the temple of 
Venus, and all deaths in that of Libitina ; and we 
know that this practice was continued under the 
empire, only that at a later time the temple of 
Saturn was substituted for that of Venus for the 
registration of births. (Jul. Cap. M. Aurel. 9.) 
2. Extracts from the Acta Forensia, containing the 
edicts of magistrates, the testaments of distinguished 
men, reports of trials, with the names of those who 
were acquitted and condemned, and likewise a list 
of the magistrates who were elected. 3. Extracts 
from the acta senatus, especially all the decrees and 
acclamationes [Acclamatio] in honour of the 
reigning emperor. 4. A court circular, containing 
an account of the births, deaths, festivals, and 
movements of the imperial family. 5. An account 
of such public affairs and foreign wars as the 
government thought proper to publish. 6. Curious 
and interesting occurrences, such as prodigies and 
miracles, the erection of new edifices, the confla- 
gration of buildings, funerals, sacrifices, a list of 
the various games, and especially amatory tales and 
adventures, with the names of the parties. (Comp. 
Cic. ad Farm. ii. 15.) The fragments of some 
Acta Diurna have been published by Pighius and 
Dodwell, but their genuineness is too doubtful to 
allow us to make use of them as authorities. 

It is certain that these acta were published 
under the authority of the government, but it is 
not stated under whose superintendence they were 
drawn up. It is probable, however, that this duty 
devolved upon the magistrates, who had the care 
of the tabulae publicae, namely, the censors under 
the republic (Liv. iv. 8, xliii. 16), and sometimes 
the quaestors, sometimes the praefecti aerarii under 
the empire. (Tac. A nn. xiii. 28.) By a regulation 



of Alexander Severus, seven of the fourteen cura- 
tores urbis, whom he appointed, had to be present 
when the acta were drawn up. (Lamprid. Alex. 
Sev. 33.) The actual task of compiling them was 
committed to subordinate officers, called actuarii or 
actarii, who were assisted by various clerks, and 
by reporters (notarii), who took down in short-hand 
the proceedings in the courts, &c. After the acta 
had been drawn up, they were exposed for a time 
in some public place in the city, where persons 
could read them and take copies of them. Many 
scribes, whom Cicero speaks of under the name 
of operarii, made it their business to copy them 
or make extracts from them for the use of the 
wealthy in Rome, and especially in the provinces, 
where they were eagerly sought after and exten- 
sively read. (Cic. ad Fam. viii. 1, xiii. 8 ; Tac. 
Ann. xvi. 22.) After the acta had been ex- 
posed in public for a certain time, they were de- 
posited, like the Acta Senatus,. in some of the re- 
cord offices, or the public libraries. 

The style of the acta, as appears from the pas- 
sage in Petronius, was very simple and concise. 
They contained a bare enumeration of facts without 
any attempt at ornament. 

As to the time at which these acta were first 
composed, there is a considerable variety of opinion 
among modern writers. It is maintained that the 
passage of Suetonius (Cues. 20), quoted above, 
does not imply that the acta were first published 
in the first consulship of Julius Caesar, and that 
the meaning of it is, " that he first ordained that 
the acta diurna of the senate should be compiled 
and published just as (tarn quam) those of the 
people had been." But although this interpreta- 
tion is probably the correct one, still there is no 
passage in the ancient writers in which the Acta 
Diurna are decisively mentioned, previous to Caesar's 
first consulship ; for the diarium referred to by 
Sempronius Asellio (Gell. v. 18), which is fre- 
quently brought forward as a proof of this early pub- 
lication, is the journal of a private person. There is 
likewise no evidence to support an opinion adopted 
by many modern writers that the publication of 
the acta first commenced in b. c. 133 to supply the 
place of the Annales Maximi, which were discon- 
tinued in that year (Cic. de Orat. ii. 12), while 
on the contrary the great difference of their con- 
tents renders it improbable that such was the case. 
The Acta Diurna continued in use to the downfall 
of the western empire, or at least till the removal 
of the seat of government to Constantinople, but 
they were never published at the latter city. 

(Lipsius, Excursus ad Tac. Ann. v. 4 ; Ernesti, 
Excursus ad Suet. J. Caes. 20 ; Schlosser, Ueber 
die Quellen der sp'dtern latein. Geschicktschreiber, 
besonders uber Zeitungen, &c. in the Archiv fur Ge- 
sckichte, pp. 80 — 106 ; Prutze, De Fontibus, quos in 
conscribendis rebus inde a Tiberio usque ad mortem 
Neronis gestis auctores veteres secuti videantur, 
Halle, 1840 ; Zell, Ueber die Zeitungen der alien, 
Friburg, 1834 ; but the two best works on the 
subject are, Le Clerc, Des Journaux chez les Ro- 
mains, Paris, 1838, and Lieberkiihn, De Diurnis 
Romanorum Actis, Weimar, 1840.) 

A'CTIA ("A/ctio), a festival of Apollo, cele- 
brated at Nicopolis in Epeirus, with wrestling, 
musical contests, horse-racing, and sea-fights. It 
was established by Augustus, in commemoration 
of his victory over Antony off Actium, and was 
probably the revival of an ancient festival ; for 



ACTIO. 



ACTIO. 



9 



there was a celebrated temple of Apollo at Actium, 
which is mentioned by Thucydides (i. 29), and 
Strabo (vii. p. 325), and which was enlarged by 
Augustus. The games instituted by Augustus 
were celebrated every four years (7r6VTaeT7jf>is, 
ludi nuinquennales) ; they received the title of a 
sacred Agon, and were also called Olympia. (Strab. 
I.e.; Dion Cass. li. 1.; Suet A uy. 18; Bockh, 
Corp. Inner. No. 1720, p. 845 ; Krause, Olympia, 
p. 221.) 

A'CTIO is defined by Celsus (Dig. 44. tit 7. 
s. 51) to be the right of pursuing by judicial means 
(Judicio) what is a man's due. 

With respect to its subject-matter, the actio was 
divided into two great divisions, the in personam 
actio, and the in rem actio. The in jx-rsonam actio 
was against a person who was bound to the 
plaintiff by contract or delict, that is, when the 
claim against such person was ' dare, facere, praes- 
tare oportere the in rem actio applied to those 
cases where a man claimed a corporal thing (cor- 
poralis res) as his property, or claimed a right, as 
for instance the use and enjoyment of a thing, or 
the right to a road over a piece of ground (actus). 
The in rem actio was called vindicatio ; the in per- 
sonam actio was called in the later law condictio, 
because originally the plaintiff gave the defendant 
notice to appear on a given day for the purpose of 
choosing a judex. (Gaius, iv. 5.) 

The old actions of the Roman law were called 
legis uctiones, or Icyitimae, either because they were 
expressly provided for by laws (leges), or because 
they were strictly adapted to the words of the laws, 
aud therefore could not be varied. In like manner, 
the old writ.- in England contained the matter or 
claim of the plaintiff expressed according to the 
legal rule.* 

The five modes of proceeding by legal action as 
named and described by Gaius (iv. 12), were, 
Sacramento, Per judicis postulationem, Per con- 
dictioncm, Per manus injectionem, Per pignoris 
capioncm. 

Hut these form3 of action gradually fell into dis- 
use, in consequence of the excessive nicety required, 
and the failure consequent on the slightest error 
in the pleadings ; of which there is a notable ex- 
ample given by Gaius himself (iv. 11), in the case 
ol a plaintiff who complained of his vines (vites) 
being cut down, and was told that his action was 
bad, inasmuch as he ought to have used the term 
trees (ariores) and not vines ; because the law of the 
Twelve Tables, which gave him the action for damage 
to his vines, contained only the general expression 
** trees " (arbores). The Lex Aebutia and two 
Leges Juliac abolished the old liyitiman actioncs, 
eXCCpt in the case of damnum inftctum [DAMNUM 
infkcti.'.m], and in matters which fell under the 
cognizance of the Ccntuinviri. [CsNTUMVlBX] 

In the old Homan constitution, the knowledge 
of the law was closely connected with the insti- 
tutes and ceremonial of religion, and was accord- 
ingly in the hands of the patricians alone, whose 
aid their clients were obliged to ask in ull their 
legal disputes. Appius Claudius Cairn*, perhaps 
one of the earliest writers on law, drew up the 



* " Breve quidem cum sit formntum ad simili- 
tllilinem rcgulne juris, quia breviteret pnucis verbis 
jrtmfi'wmii profcrentM exponit et explanat, shut 
regula juris, rem quae eft breviter enarrat" (Hracton, 
$4180 



various forms of actions, probably for his own use 
and that of his friends : the manuscript was stolen 
or copied by his scribe Cn. Flavius, who made it 
public: and thus, according to the story, the ple- 
beians became acquainted with those legal forms 
which hitherto had been the exclusive property of 
the patricians. (Cic. De Oral. i. 41, pro Murenu, 
c. 11 ; Dig. 1. tit 2. s.2. §7.) 

Upon the old legal actions being abolished, it 
became the practice to prosecute suits according to 
certain prescribed forms or formulae, as they were 
called, which will be explained after we have 
noticed various divisions of actions, as they are made 
by the Roman writers. 

The division of actiones in the Roman law is 
somewhat complicated, and some of the divisions 
must be considered rather as emanating from the 
schools of the rhetoricians than from any other 
source. But this division, though complicated, 
may be somewhat simplified, or at least rendered 
more intelligible, if we consider that an action is a 
claim or demand made by one person against 
another, and that in order to be a valid legal claim 
it must be founded on a legal right. The main 
division of actions must therefore have a reference 
or analogy to the main division of rights ; for in 
every system of law the form of the action must 
be the expression of the legal right. Now the 
general division of rights in the Roman law is into 
rights of dominion or ownership, which are rights 
against the whole world, and into rights arising 
from contract, and quasi contract, and delict. The 
actio in rem implies a complainant, who claims a 
certain right against every person who may dis- 
pute it, and the object and end of the action are to 
compel an acknowledgment of the right by the 
particular person who disputes it By this action 
the plaintiff maintains his property in or to a thing, 
or his rights to a benefit from a thing (tervituUs). 
Thus the actio in rem is not so called on account 
of the subject-matter of the action, but the term is a 
technical phrase to express an action which is in no 
way founded on contract, and therefore has no de- 
terminate individual as the other necessary party 
to the action ; but every individual who disputes 
the right becomes, by such iict of disputing, a party 
liable to such action. The actio in rem does not 
ascertain the complainant's right, and from the 
nature of the action the complainant's right cannot 
be ascertained by it, for it is a right against all the 
world ; but the action detenninesth.it the defendant 
has or has not a claim which is valid against the 
plaintiff's claim. The actio in personam implies a 
determinate person or persons against whom the 
action lies, the right of the plaintiff bring founde d 
on the acts of the defendant or defendants : it is, 
therefore, in respect of something which has been 
agreed t'> be done, or in respect of some injur)' fnr 
which the plaintiff claims compensation. Theov/io 
mixta of Justinian's legislation (Inst iv. tit (i, s. 20) 
was so called from its being supposed to partake of 
the nature of the actio in rem and the- at tin in j* r- 
vmam. Such was the action among co-heirs as to 
the division of the inheritance, nnd the action for 
the purpisc of settling boundaries which were 
confused. 

Bights, nnd the modes of enforcing them, may 
also be viewed with reference to the sources from 
which they flow. Thus, the rights of Homan 
citizens flowed in |mrt from the sovere ign power, 
in part from those to whom [tower was delegated. 



10 



ACTIO. 



ACTIO. 



That body of law which was founded on, and flowed 
from the edicts of the praetors, and curule aediles, 
was called jus honorarium, as opposed to the jus 
civile, in its narrower sense, which comprehended 
the leges, plebiscita, senatus consulta, &c. The jus 
honorarium introduced new rights and modified 
existing rights ; it also provided remedies suitable 
to such new rights and modifications of old rights, 
and this was effected by the actions which the 
praetors and aediles allowed. On this jurisdiction 
of the praetors and aediles is founded the distinc- 
tion of actions into civiles and honorariae, or, as 
they are sometimes called, praetoriae, from the 
greater importance of the praetor's jurisdiction. 

There were several other divisions of actions, all 
of which had reference to the forms of procedure. 

A division of actions was sometimes made with 
reference to the object which the plaintiff had in 
view. If the object was to obtain a thing, the 
action was called persecutoria. If the object was 
to obtain damages (poe?ia) for an injury, as in the 
case of a thing stolen, the action was poenalis ; for 
the thing itself could be claimed both by the vin- 
dicatio and the condictio. If the object was to 
obtain both the thing and damages, it was probably 
sometimes called actio mixta, a term which had 
however another signification also, as already ob- 
served. The division of actiones into directae 
and utiles must be traced historically to the actiones 
fictitiae or fictions by which the rights of action 
were enlarged and extended. The origin of this 
division was in the power assumed by the praetor 
to grant an action in special cases where no action 
could legally be brought, and in which an action, if 
brought, would have been inanis or inutilis. After 
the decline of the praetor's power, the actiones 
utiles were still extended by the contrivances of the 
juris prudentes and the rescripts of the emperors. 
Whenever an actio utilis was granted, it was 
framed on some analogy to a legally recognised 
right of action. Thus, in the examples given by 
Gaius (iv. 34), he who obtained the bonorum pos- 
sessio by the praetor's edict, succeeded to the de- 
ceased by the praetorian and not the civil law : he 
had, therefore, no direct action (directa actio) in 
respect of the rights of the deceased, and could only 
bring his action on the fiction of his being what he 
was not, namely, heres. 

Actions were also divided into ordinariae and 
extraordinariae. The ordinariae were those which 
were prosecuted in the usual way, first before the 
praetor, in jure, and then before the judex, in 
judicio. When the whole matter was settled be- 
fore or by the praetor in a summary way, the name 
extraordinaria was applicable to such action. 
[Interdict.] 

The term comlictiones only applies to personal ac- 
tions ; but not to all personal actions. It does not com- 
prehend actions ex delicto, nor bonae fidei actiones. 
As opposed to bonae fidei actiones, condictiones were 
sometimes called actiones stricti juris. In the ac- 
tiones stricti juris it appears that the formula of the 
praetor expressed in precise and strict terms the 
matter submitted to the judex, whose authority 
was thus confined within limits. In the actiones 
bonae fidei, or ex fide bona (Cic. Top. 17), more 
latitude was given, either by the formula of the 
praetor, or was implied in the kind of action, such 
as the action ex empto, vendito, locate, &c, and the 
special circumstances of the case were to be taken 
into consideration by the judex. The actiones 



arbitrariae were so called from the judex in such 
case being called an arbiter, probably, as Festus 
says, because the whole matter in dispute was 
submitted to his judgment ; and he could decide 
according to the justice and equity of the case, 
without being fettered by the praetor's formula. 
It should be observed also, that the judex properly 
could only condemn in a sum of money ; but the 
arbiter might declare that any particular act should 
be done by either of the parties, which was called 
his arbitrium, and was followed by the condemnatio 
if it was not obeyed. 

The division of actions into perpetuae and tern- 
poralcs had reference to the time within which an 
action might be brought, after the right of action 
had accrued. Originally those actions which were 
given by a lex, senatus consultum, or an imperial 
constitution, might be brought without any limi- 
tation as to time ; but those which were granted 
by the praetor's authority were generally limited 
to the year of his office. A time of limitation was, 
however, fixed for all actions by the late imperial 
constitutions. 

The division of actions into actiones in jus and 
in factum is properly no division of actions, but 
has merely reference to the nature of the formula. 
In the formula in factum concepta, the praetor 
might direct the judex barely to inquire as to the 
fact which was the only matter in issue ; and on 
finding the fact, to make the proper condemnatio : 
as in the case of a freedman bringing an action 
against his patronus. (Gaius, iv, 46.) In the 
formula in jus the fact was not in issue, but the 
legal consequences of the fact were submitted to 
the discretion of the judex. The formula in factum 
commenced with the technical expression, Si paret, 
&c, " If it should appear," &c; the formula in jus 
commenced, Quod A. A., &c, " Whereas A. A. did 
so and so." (Gaius, iv. 47.) 

The actions which had for their object the 
punishment of crimes, were considered public ; as 
opposed to those actions by which some particular 
person claimed' a right or compensation, and which 
were therefore called privatae. The former were 
properly called judicia publica ; and the latter, as 
contrasted with them, were called judicia privata. 
[Judicium.] 

The actions called noxales arose when a filius 
familias (a son in the power of his father), or a 
slave, committed a theft, or did any injury to 
another. In either case the father or owner might 
give up the wrong-doer to the person injured, or 
else he must pay competent damages. These ac- 
tions, it appears, take their name either from the 
injury committed, or because the wrong-doer was 
liable to be given up to punishment (noxae) to the 
person injured. Some of these actions were of legal 
origin, as that of theft, which was given by the 
Twelve Tables ; that of damnum injuriae, which was 
given by the Aquilia Lex ; and that of injuriarum 
et vi bonorum raptorum, which was given by the 
edict, and therefore was of praetorian origin. This 
instance will serve to show that the Roman division 
and classification of actions varied according as the 
Roman writers contemplated the sources of rights 
of action, or the remedies and the modes of ob- 
taining them. 

An action was commenced by the plaintiff sum- 
moning the defendant to appear before the praetor 
or other magistrate who had jurisdictio : this pro- 
cess was called in jus vocatio ; and, according to 



ACTIO. 



ACTIO. 



II 



the laws of the Twelve Tables, was in effect a 
dragging of the defendant before the praetor if he 
refused to go quietly. This rude proceeding was 
modified in later times, and in many cases there 
could be no in jus vocatio at all, and in other 
cases it was necessary to obtain the praetor's per- 
mission under pain of a penalty. It was also 
established that a man could not be dragged from 
his own house ; but if a man kept his house to 
avoid, as we should say, being served with a writ, 
he ran the risk of a kind of sequestration (actor 
in bona mittelxitur). The object of these rules 
was to make the defendant appear before the 
competent jurisdiction ; the device of entering an 
appearance for the defendant does not seem to 
have suggested itself to the Roman lawyers. (Dig. 2. 
tit. 4.) Jf the defendant would not go quietly, 
the plaintiff called on any bystander to witness 
(antestari) that he had been duly summoned, 
touched the ear of the witness, and dragged the 
defendant into court (II or. Serm. i. 9. 75 — 7b" j 
Plautus, Curcul. v. 2.) The parties might settle 
their dispute on their way to the court, or the de- 
fendant might be bailed by a vindcx. (Cic. Top. 
2 ; Gaius, iv. 4d'; Gellius, xvi. 10.) The vindex 
must not be confounded with the vades. This 
settlement of disputes on the way was called trans- 
acts in via, and serves to explain a passage in St 
Matthew (v. 2.5).' 

W hi n before the praetor, the parties were said 
jure agere. The plaintiff then prayed for an ac- 
tion, and if the praetor allowed it (dabat actionem), 
he then declared what action he intended to bring 
against the defendant, which was called edere 
actionem. This might be done in writing, or 
orally, or by the plaintiff taking the defendant to 
the uU/um, and showing him which action he in- 
tended to rely on. (Dig. 2. tit 13.) As the 
formulae comprehended, or were supposed to com- 
prehend, every possible form of action that could 
be required by a plaintiff, it was presumed that he 
could find among all the formulae some one which 
was adapted to his case, and he was accordingly 
supposed to be without excuse if he did not tike 
pains to select the proper formula. (Cic. Pro Itos. 
Com. c. 8.) If he took tin; wrong one, or if he 
claimed more than his due, he lost his cause (causa 
ca/Jebat, Cic. De Oral. i. 3G) ; but the praetor some- 
times gave him leave to amend his claim orintentio. 
(Gaius, iv. 53, Sec) If, for example, the contract 
between the parties was for something in gencrc, 
and the plaintiff claimed something in specie, he 
lost his action : thus the contract might be, that 
the defendant undertook to sell the plaintiff a 
quantity of dye-stuff or a slave ; if the plaintiff 
claimed Tyrian purple, or a particular slave, his 
action was bad ; therefore, says Gaius, according 
to the terms of the contract so ought the claim of 
the intentio to be. As the formulae were so numer- 
ous and comprehensive, the plaintiff had only to 
select the formula which he supposed to be suitable 
to oil case, and it would require no further varia- 
tion than the insertion of the names of the parties 
and of the thing claimed, or the subject-matter of 
the suit, with the amount of damages, Sec, as the 
case might be. When the praetor had granted an 
action, the plaintiff required the defendant to give 

It is not easy to state correctly the changes 
in procedure which took place alter the abolition 
of the Ift/itimae actioncs. Compare Gaius iv. 25, 4C. 



security for his appearance before the praetor (in 
jure) on a day named, commonly the day but one 
after the in. jus vocatio, unless the matter in dispute 
was settled at once. The defendant, on finding a 
surety, was said vades dare (Hot. Serm. L L 11), 
vadimonium promittere, or facere; the surety, vas, 
was said spondere ; the plaintiff when satisfied 
with the surety was said, vaduri reum, to let him 
go on his sureties, or to have sureties from him. 
When the defendant promised to appear injure on 
the day named, without giving any surety, this was 
called vadimonium purum. In some cases recu- 
peratores were named, who, in case of the de- 
fendant making default, condemned him in the 
sum of money named in the vadimonium. 

If the defendant appeared on the day appointed, 
he was said vadimonium sistere ; if he did not ap- 
pear, he was said vadimonium deseruisse, and the 
praetor gave to the plaintiff the bonorum possessio. 
(Hor. Serm. i. 9. 36 — 41 ; Cic. Pro P. Quintio, 
c 6.) Both parties, on the day appointed, were 
summoned by a crier (prueco), when the plaintiff 
made his claim or demand, which was very briefly 
expressed, and may be considered as corresponding 
to our declaration at law. 

The defendant might either deny the plaintiffs 
claim, or he might reply to it by a plea, exceptio. 
If he simply denied the plamtiff s claim, the cause 
was at issue, and a judex might be demanded. 
The forms of the exceptio also were contained in 
the praetor's edict, or upon hearing the facts the 
praetor a apted the plea to the case. The exceptio 
was the defendant's defence, and wa< often merely 
an equitable answer or plea to the plaintiff's legal 
demand. The plaintiff might claim a thing upon 
his contract with the defendant, and the defendant 
might not deny the contract, but might put in a 
plea of fraud (dolus malus), or that he had been 
constrained to come to such agreement. The 
exceptio was in effect something which negatived 
the plaintiff's demand, and it was expressed by a 
negative clause: thus, if the defendant asserted that 
the plaintiff fraudulently claimed a sum of money 
which he had not given to the defendant, the ex- 
ceptio would run thus : Si in ea re nihil dolo mulo 
Auli Agerii /actum sit ncque fiat. Though the 
exceptio proceeded from the defendant, it was ex- 
pressed in this form, in order to be adapted for 
insertion in the formula, and to render the con- 
demnatio subject to the condition. 

Exception! were percmptoriae or dilatoriac. 
Peremptory exceptions were a complete and per- 
petual answer to the plaintiffs demand, such as 
an exceptio of dolus malus, or of res judicata. 
Dilatory exceptions were, as the name imports, 
merely calculated to delay the plaintiff's demand ; 
as, for instance, by showing that the debt or duty 
claimed was not yet due. Gaius considers the ex- 
ceptio Mis dividuae and ret rcsiduac (iv. 122) as 
belonging to this class. If a plaintiff prosecuted 
his action nfter a dilatory exception, he Inst alto- 
gether his right of action. Thi n: might be dilatory 
exceptions also to the person of the plaintiff, of 
which class is the excrjitio cognitoriu, by which the 
defendant objects either that the plaintiff is not 
intitled to sue by a monitor, or that the cognitor 
whom he had named was not qualified to act as a 
cognitor. If the exception was allowed, the plaintiff 
could cither sue himself, or name a proper cognitor, 
as the case might be. If a defendant neglected to 
take advantage of a peremptory exceptio, the praetor 



12 



ACTIO. 



ACTIO. 



might afterwards give him permission to avail him- 
self of it ; whether he could do the same in the case 
of a dilatory was a doubtful question. (Gaius, iv. 
125.) 

The plaintiff might reply to the defendant's eoc- 
ceptio, for the defendant by putting in his plea be- 
came an actor. [Actor.] The defendant's plea 
might be good, and a complete answer to the plain- 
tiff's demand, and yet the plaintiff might allege 
something that would be an answer to the plea. 
Thus, in the example given by Gaius (iv. 126), if 
an argentarius claimed the price of a thing sold by 
auction, the defendant might put in a plea, which, 
when inserted in the formula, would be of this 
shape : — Ut ita demum emptor damnetur, si ei res 
quam emerit, tradita sit ; and this would be in form 
a good plea. But if the conditions of sale were that 
the article should not be handed to the purchaser 
before the money was paid, the argentarius might 
put in a replicatio in this shape : ■ — Nisi praedictum 
est ne aliter emptori res traderetur quam si pretium 
emptor solverit. If the defendant answered the 
replicatio, his answer was called duplicatio ; and the 
parties might go on to the triplicatio and quadrupli- 
catio, and even further, if the matters in question 
were such that they could not otherwise be brought 
to an issue. 

The praescriptio, which was so called from being 
written at the head or beginning of the formula, 
was adapted for the protection of the plaintiff in 
certain cases. (Gaius, iv. 130, &c. ; Cic. De Orat. 
i. 37.) For instance, if the defendant was bound 
to make to the plaintiff a certain fixed payment 
yearly or monthly, the plaintiff had a good cause 
of action for all the sums of money already due ; 
but in order to avoid making his demand for the 
future payments not yet due, it was necessary to 
use a prescription of the following form: — Ea 
res agatur cujus rei dies /kit. 

A person might maintain or defend an action by 
his cognitor or procurator, or, as we should say, by 
his attorney. The plaintiff and defendant used a 
certain form of words in appointing a cognitor, and 
it would appear that the appointment was made in 
the presence of both parties. The cognitor needed 
not to be present, and his appointment was com- 
plete when by his acts he had signified his assent. 
(Cic. Pro Q. Roscio, c. 2 ; Hor. Serm. i. 5. 35.) 
No form of words was necessary for appointing a 
procurator, and he might be appointed without the 
knowledge of the opposite party. 

In many cases both plaintiff and defendant 
might be required to give security (satisdare) ; for 
instance, in the case of an actio in rem, the de- 
fendant who was in possession was required to 
give security, in order that if he lost his cause and 
did not restore the thing, nor pay its estimated 
value, the plaintiff might have an action against 
him or his sureties. When the actio in rem was 
prosecuted by the formula petitoria, that stipuiatio 
was made which was called judicatum solvi. As to 
its prosecution by the sponsio, see Sponsio and 
Cbntumviri. If the plaintiff sued in his own 
name, he gave no security ; nor was any security 
required, if a cognitor sued for him, either from 
the cognitor or the plaintiff himself, for the cog- 
nitor was personally liable. But if a procurator 
acted for him, he was obliged to give security that 
the plaintiff would adopt his acts ; for the plaintiff 
was not prevented from bringing another action 
when a procurator acted for him. Tutors and 



curators generally gave security like procurators. 
In the case of an actio in personam, the same rules 
applied to the plaintiff as in the actio in rem. If 
the defendant appeared by a cognitor, the defendant 
had to give security ; if by a procurator, the pro- 
curator had to give security. 

When the cause was brought to an issue, a 
judex or judices might be demanded of the praetor 
who named or appointed a judex and delivered to 
him the formula which contained his instructions. 
The judices were said dari or addici. So far the 
proceedings were said to be in jure ; the prosecu- 
tion of the actio before the judex requires a separate 
discussion. [Judicium.] 

The following is an example of a formula taken 
from Gaius (iv. 47) : — Judex esto. Si paret Aulum 
Agerium apud Numerium Ncgidium mensam 
argenteam deposuisse eamque dolo malo Numerii 
Negidii Aulo Agerio redditam non esse quanti ea 
res erit tantam pecuniam judex Numerium Negidium 
Aulo Agerio condemnato : si non paret, absolmto. 

The nature of the formula, however, will be 
better understood from the following analysis of it 
by Gaius : — It consisted of four parts, the demon- 
stratio, intentio, adjudicatio, condemnatio. The 
demonstrate is that part of the formula which 
explains what the subject-matter of the action is. 
For instance, if the subject-matter be a slave sold, 
the demonstratio would ran thus : — Quod A ulus 
Agerius Numerio Negidio hominem vendidit. The 
intentio contains the claim or demand of the 
plaintiff: — Si paret hominem ex jure Quiritium Auli 
Agerii esse. The adjudicatio is that part of the 
formula which gives the judex authority to adju- 
dicate the thing which is the subject of dispute to 
one or other of the litigant parties. If the action 
be among partners for dividing that which belongs 
to them all, the adjudication would run thus : — 
Quantum adjudicari oportet judex Titio adjudicato. 
The condemnatio is that part of the formula which 
gives the judex authority to condemn the de- 
fendant in a sum of money, or to acquit him : 
for example,' Judex Numerium Negidium Aulo 
Agerio sestertium milia condemna : si non paret, 
absolve. Sometimes the intentio alone was requisite, 
as in the formulae called praejudiciales (which some 
modern writers make a class of actions), in which 
the matter for inquiry was, whether a certain person 
was a freedman, what was the amount of a dos, and 
other similar questions, when a fact solely was the 
thing to be ascertained. 

Whenever the formula contained the condem- 
natio, it was framed with the view to pecuniary 
damages ; and accordingly, even when the plaintiff 
claimed a particular thing, the judex did not 
adjudge the defendant to give the thing, as was 
the ancient practice at Rome, but condemned him 
in a sum of money equivalent to the value of the 
thing. The formula might either name a fixed 
sum, or leave the estimation of the value of the 
thing to the judex, who in all cases, however, was 
bound to name a definite sum in the condemnation. 

The formula then contained the pleadings, or 
the statements and counter-statements, of the 
plaintiff and the defendant ; for the intentio, as we 
have seen, was the plaintiffs declaration ; and if 
this was met by a plea, it was necessary that this 
also should be inserted in the formula. The 
formula also contained the directions for the judex, 
and gave him the power to act. The English and 
Roman procedure are severally stated in Mr. 



ACTOR. 



AC US. 



13 



Spcnce's work on the Equitable Jurisdiction of the 
Court of Chancery, pp. 206 — 235. The Roman 
forms of procedure underwent various changes in 
the course of time, which it is not very easy to 
describe ; but it has been remarked by Hollweg 
{Handl/uch des Civi/prozesses, p. 1 9) that the system 
of procedure maintained itself in all essential par- 
ticulars unaltered for many centuries, and what 
we learn from Cicero (b. c. 70) is almost the same 
as what we learn from Gaius (a. d. 1 6'0). Modern 
writers, however, differ on various points ; and the 
subject requires a complete examination from one 
who is fully acquainted with the Roman law, and 
practically versed in the nature of legal proceedings 
generally. 

The following arc the principal actions which 
we read of in the Roman writers, and which are 
briefly described under their several heads : — 
Actio — Aquae pluviae arcendae ; Bonorum vi 
raptorum ; Ccrti et Incerti ; Commodati; Com- 
muni dividundo ; Confessoria ; Damni injuria dati ; 
Dejecti vel effusi ; Dcpensi ; Dcpositi ; De dolo 
malo ; Emti et vcnditi ; Excrcitoria ; Ad Exhi- 
bendum ; Familiae erciscundae ; Fiduciaria ; Fi- 
nium regundorum ; Furti ; H vpothecaria ; Injuria- 
rum ; Institoria ; Judicati ; Quod jussu ; Legis 
Aquiliae ; Locati et conducti ; Mandati ; Mutui ; 
Negativa ; Negotiorum gestorum ; Noxalis ; De 
pauperie ; De peculio ; Pignoraticia, or Pignora- 
t ilia ; Publiciana ; Quanti minoris ; Rationibus 
distmhcndis ; Dc reccpto ; Rcdhibitoria ; Rci 
uxoriae, or Dotis ; Restitutoria and Rescissoria ; 
Rutiliana ; Serviana ; Pro socio ; Tributoria ; 
Tutelac. [G. L.] 

ACTOR signified generally a plaintiff. In a 
civil or private action, the plaintiff was often called 
petitor ; in a public action (causa puldica), he was 
called accusator. (Cic, ad Att. i. 16.) The de- 
fendant was called reus, both in private and public 
causes : this term, however, according to Cicero 
(De Orat. ii. 43), might signify cither party, as in- 
deed we might conclude from the word itself. In 
a private action, the defendant was often called 
ailrcrtarius, but either party might be called wl- 
rersarius with respect to the other. Originally, no 
person who was not sui juris could maintain an 
action ; a fdius familias, therefore, and a slave, 
could not maintain an action ; but in course of 
time certain actions were allowed to a filius familias 
in the absence of his parent or his procurator, and 
also in case the parent was incompetent to act 
from madness or other like cause. (Dig. 47. tit 10. 
s. 17.) Wards (pupitli) brought their actions by 
their tutor (tutor) ■ and in case they wished to 
bring an action against their tutor, the praetor 
named a tutor for the purpose. (Gaius, i. 1114.) 
I'erripim, or aliens, originally brought their action 
through their patronus ; but afterwords in their 
own name, by a fiction of law, that they were 
Roman citizens. A Roman citizen might also 
generally bring his action by means of a cognitor 
or procurator. [Actio.] A univertitat or cor- 
pfBBte body, sued and was sued hy their actor or 
njndicus. (Dig. 3. tit 4.) 

Actor has also the sense of an agent or manager 
of another's business generally. The actor pullicus 
was an officer who had the superintendence or care 
of slaves belonging to the state. Mpsius says that 
the urtur pubiiau was a slave or freed man. A slave 
could acquire property for others, though not fur 
himself. In the case mentioned by Pliny (Ep. viu 



18), the actor pullicus was the representative of 
the community (respullica) of Comum. (Tacit. 
Ann. ii. 30, iiL 67; Lips. Excurs. ad Tacit. Ann. ii. 
30.) . [G. L.J 

ACTUA'RIAE NAVES. [Navts.] 
ACTUA'RII, or ACTA RII, clerks who com- 
piled the Acta Publica. [Acta, p. 8, b.] The 
name is also sometimes given to the Jfotarii, or 
short-hand writers, who took down the speeches 
in the senate and the courts (Suet Jul. 55 ; Sen. 
Ep. 33) ; respecting whom and the use of short- 
hand among the Romans, see Notaril 

2. Military officers whose duty it was to keep 
the accounts of the army, to see that the con- 
tractors supplied the soldiers with provisions ac- 
cording to agreement, &c (Amm. Marc. xx. 5 ; 
Cod. 12. tit 37. s. 5. 16 ; 12. tit 49.) 

3. The title of certain physicians at the court 
of Constantinople. [Medicus.] 

ACTUS, a Roman measure of land, which 
formed the basis of the whole system of land 
measurement In that system the name actus (from 
ago), which originally meant a way between fields 
for beasts of burthen to pass (or, as some sav, 
the length of a furrow), was given to such a way 
when of a definite width and length, and also to 
a square piece of land of the same length. The 
former was called actus minimus or simpU'x, and 
was 120 feet (Roman) long by 4 feet wide. ( Yarro, 
L. L. iv. 4, or v. 34, Muller ; Colum. v. 1. § 5, 
ed. Schneider ; Festus, s. t'. iter inter vicinos 1 1 '. 
pedum latum). The actus quadratus, which was 
the square unit in the system of Roman land- 
measurement, was of the same length as the actus 
minimus, and of a width equal to its length : it 
was thus 120 feet square, and sontaincd 14,400 
square feet. It was the half of a juger. (Colum. 
I. c. ; Varro, I. c, and Ii. R. i. 1 0. § 2, cd. Schneider). 
The following are the etymological explanations of 
the word : Actus vocalxitur, in quo bores afferent ttr 
cum uratro, una impetu justo (Plin. xviii. 3) ; Ut 
ayer quo ayi poterat, sic qua ai)i actus. ( Varro, L. L. 
I. c.) The actus furnishes an example of the use of 
the number twelve among the Romans, its length 
being twelve times the standard decempeda. 
Columella (/. c. § 6) says that the Gauls called the 
actus quadratus, aripennis ; but this could only be 
an approximate identification, for the actus qua- 
dratus is somewhat smaller than the great French 
arjirnt and much larger than the small arjient. 
(Compare Acna ; Niebuhr, Hist, of Rome, vol. ii. 
Appendix I.) [P. S.] 

ACTUS. [Skrvitutes.] 

ACUS (fit Ao'nj, (StAovis, ficupls), a needle, a pin. 
The annexed figures of needles and pins, chiefly 




14 



ADLECTI. 



ADOPTIO. 



taken from originals in bronze, vary in length from 
an inch and a half to about eight inches. 

Pins were made not only of metal, but also of 
wood, bone, and ivory. They were used for the 
same purposes as with us, and also in dressing the 
hair. (Mart. xiv. 24.) The mode of platting the 
hair, and then fastening it with a pin or needle, is 
shown in the annexed figure of a female head, 
taken from a marble group which was found at 
Apt, in the south of France. (Montfaucon, Ant. 
Exp. Suppl. iii. 3.) This fashion has been con- 




tinued to our own times by the females of Italy, 
and of some parts of Germany, as for instance, in 
the neighbourhood of Coblenz. 

ADDICTI. [Nexi.J 

ADDI'CTIO. [Actio.] 

ADDIX (aSSi|, &55i£is), a Greek measure of 
capacity, equal to four x 0lViK * s - (Hesych. s. v. ; 
Schol. ad Horn. Od. 19.) [P. S.] 

ADEIA (&$eia), freedom from fear, or security, 
in any public action. When any one in Athens, 
who had not the full privileges of an Athenian 
citizen, such as a foreigner, a slave, &c, wished to 
accuse a person of any offence against the people, 
he was obliged to obtain first permission to do so, 
which permission was called adeia. (Plut. Pericl. 
31.) An Athenian citizen who had incurred 
atimia, was also obliged to obtain adeia before he 
could take part in public affairs (Plut. Pkoc. 26) ; 
and it was not lawful for any one to propose to the 
people, that an atimus should be restored to his 
rights as a citizen, or that a public debtor should 
be released from his debt, till adeia had been 
granted for this purpose by a decree passed in an 
assembly of 6000 citizens voting secretly by ballot. 
(Dem. c. Timoer. p. 715 ; Andoc. de Myst. p. 36 ; 
Bbckh, Public Economy of Athens, p. 392, 2d ed.) 

ADE'MPTIO. [Legatum.] 

ADGNA'TI. [Cognati.] 

ADGNA'TIO. [Herbs ; Testament™.] 

ADI'TIO HEREDITA'TIS. [Heres.] 

ADJUDICA'TIO. [Actio.] 

ADLECTI or ALLECTI. 1. Those who were 
chosen to fill up a vacancy in any office or colle- 
gium, and especially those who were chosen to fill 
up the proper number of the senate. As these 
would be generally equites, Festus (s. v.) defines 
the adlecti to be equites added to the senate : and 
he appears in this passage to make a difference be- 
tween the adlecti and conscripti. But they were 
probably the same ; for in another passage (s. v. 
conscripti), he gives the same definition of the con- 



scripti as he had done of the 1 adlecti, and Livy (ii. 
1) says conscriptos in novum senatum appellabant 
lectos. 

2. Those persons under the empire who were 
admitted to the privileges and honours of the prae- 
torship, quaestorship, aedileship, and other public 
offices, without having any duties to perform. 
(Capitolin. Pertin. 6.) In inscriptions we con- 
stantly find, adlectus inter tribunos, inter quaestores, 
inter praetores, &c. 

ADLECTOR, a collector of taxes in the pro- 
vinces in the time of the Roman emperors. (Cod. 
Theod. 12. tit. 6. s. 12.) 

ADMISSIONA'LES were chamberlains at the 
imperial court, who introduced persons to the 
presence of the emperor. (Lamprid. Sever. 4 ; 
officium admissionis, Suet. Vesp. 14.) They were 
divided into four classes ; the chief officer of each 
class was called proximus admissionum (Amm. 
Marc. xxii. 7) ; and the proximi were under the 
magister admissionum. (Amm. Marc. xv. 5 ; Vop. 
Aurel. 12.) The admissionales were usually 
freedmen. (Cod. Theod. 6. tit. 2. s. 12 ; tit. 9. 
s. 2 ; tit. 35. s. 3.) 

Friends appear to have been called amid admis- 
sionis primae, secundae, or tertiae. According to 
some writers, they were so called in consequence 
of the order in which they were admitted ; accord- 
ing to others, because the atrium was divided into 
different parts, separated from one another by 
hangings, into which persons were admitted ac- 
cording to the different degrees of favour in which 
they were held. (Sen. de Bene/, vi. 33, 34, Clem. 
i. 10.) 

ADOLESCENS. [Inpans.] 

ADO'NIA ('ASdvia), a festival celebrated in 
honour of Aphrodite and Adonis in most of the 
Grecian cities, as well as in numerous places in 
the East. It lasted two days, and was celebrated 
by women exclusively. On the first day they 
brought into the streets statues of Adonis, which 
were laid out as corpses ; and they observed all 
the rites customary at funerals, beating themselves 
and uttering lamentations. The second day was 
spent in merriment and feasting ; because Adonis 
was allowed to return to life, and spend half of 
the year with Aphrodite. (Aristoph. Pax, 412, 
Schol. ad loc. ; Plut. Alcib. 18, Nic. 13.) For 
fuller particulars respecting the worship and festi- 
vals of Adonis, see Diet. ofBiogr.s. v. Adonis. 

ADO'PTIO, adoption. 1. Greek, was called 
by the Athenians €(Viroi7)<ris, or sometimes simply 
itoir\ais or hicis. The Greek writers use 
also as equivalent to the Roman adoptio, and Sterol 
as equivalent to adoptivi. (App. B. C. iii. 13, 14.) 
The adoptive father was said iroieio-Bai, eioTroiei- 
ctQoa, or sometimes iroiziv ; and the father or mother 
(for a mother after the death of her husband 
could consent to her son being adopted) was said 
htisoiziv • the son was said Zinroitio'Bai, with re- 
ference to the family which he left ; and eto-iroitl- 
aBai, with reference to the family into which he was 
received. The son, when adopted, was called 
Troirir6s, slo"iroit]T6s, or SrerSs : in opposition to the 
legitimate son born of the body of the father, who 
was called yvhaios. 

A man might adopt a son either in his lifetime 
or by his testament, provided he had no male off- 
spring and was of sound mind. He might also, by 
testament, name a person to take his property, in 
case his son or sons should die under age. (Dem. 



ADOPTIO. 



ADOPTIO. 



15 



Koto ^rapdvov "Vtvo. 13.) If he had male 
offspring, he could not dispose of his property. 
This rule of law was closely connected with the 
rule as to adoption ; for if he could have adopted 
a son when he had male children, such son would 
have shared his property with the rest of his male 
children, and to that extent the father would have 
exercised a power of disposition which the law de- 
nied him. 

Only Athenian citizens could be adopted ; hut 
females could be adopted (by testament at least) as 
well as males. (Isaeus, Ilepl rov'Ayv'iov KAypov.) 
The adopted child was transferred from his own 
family and demus into those of the adoptive 
father ; he inherited his property and maintained 
the sacra of his adoptive father. It was not 
necessary for him to take his new father's name, 
but he was registered as his son. The adopted 
son might return to his former family, in case he 
left a child to represent the family of his adoptive 
father: unless he so returned, he lost all right 
which he might have had on his father's side if he 
had not been adopted ; but he retained all rights 
which he might have on his mother's side, for 
the act of adoption had no effect so far as concerned 
the mother of the adopted person ; she still con- 
tinued his mother after the act of adoption. 

The next of kin of an Athenian citizen were 
intitlcd to his property if he made no disposition 
of it by will, or made no valid adoption during hi3 
lifetime ; they were, therefore, interested in pre- 
venting fraudulent adoptions. The whole com- 
munity were also interested in preventing the in- 
troduction into their body of a person who was not 
an Athenian citizen. To protect the rights of the 
next of kin against unjust claims by persons who 
alleged themselves to be adopted sons, it was re- 
quired that the father should enter his son, whether 
bom of his body or adopted, in the register of his 
phratria (ipparpiKov ypaniiaTfiov) at a certain 
time, the Thargclia (Isaeus, llfplrov 'AiroK\ooup. 
KA^pou, 3, 5), with the privity of his kinsmen and 
phratorcs (ytvvrrrat, (ppdropes). Subsequently 
to this, it was necessary to enter him in the 
register of the adoptive father's demus (A^apx"^" 
7po^aT(ioc), without which registration it ap- 
pears that he did not possess the full rights of 
citizenship as a member of his new demus. 

If the adoption was by testament, registration 
was also required, which we may presume that the 
person himself might procure to he done, if he was 
of age, or, if not, his guardian or next friend. If 
a dispute arose as to the property of the deceased 
(xh4\pov 5ioS((co<ri'o) between the son adopted by 
testament and the next of kin, there could properly 
lie no registration of the adopted son until the tes- 
tament was established. If a man died childless 
and intestate, his next of kin, according to the 
Athenian rules of succession (l)em. ripiv Atu>x. 
c. 6), took his property by the right of blood 
(iyxurrtia Kara yivo%). Though registration 
might in this case also he required, there was no 
adoption properly so called, as some modem writers 
suppose ; for the next of kin necessarily belonged 
to the family of the intestate. 

The rules as to adoption among the Athenians 
are not quite free from difficulty, and it is not easy 
to avoid all error in stating them. The general 
doctrines may he mainly deduced from the orations 
of Isaeus, nnd those of- Demosthenes against 
Macartatus and Lcochares. 



2. Roman. The Roman term was adoptio or 
adoptatio. (Gell. v. 19.) The Roman relation of 
parent and child arose either from a lawful mar- 
riage or from adoption. Adoptio was the general 
name which comprehended the two species, adoptio 
and adrogatio ; and as the adopted person passed 
from his own familia into that of the person adopt- 
ing, adoptio caused a capitis diminulio, and the 
lowest of the three kinds. Adoption, in its specific 
sense, was the ceremony by which a person who 
was in the power of his parent ( in potestate paren- 
tum), whether child or grandchild, male or female, 
was transferred to the power of the person adopting 
him. It was effected under the authority of a 
magistrate (magistratus), the praetor, for instance, 
at Rome, or a governor (pracses) in the provinces. 
The person to be adopted was mancipated [Max- 
cipatio] by his natural father before the com- 
petent authority, and surrendered to the adoptive 
father by the legal form called injure cessio. (Gell. 
v. 19 ; Suet. Aug. 64.) 

When a person was not in the power of his 
parent (sui juris), the ceremony of adoption was 
called adrogatio. Originally, it could only be 
effected at Rome, and only by a vote of the 
populus ( populi auctoritute) in the comitia curiata 
(lege curiata) ; the reason of this being that the 
caput or status of a Roman citizen could not, 
according to the laws of the Twelve Tables, be 
affected except by a vote of the populus in the 
comitia curiata. Clodius, the enemy of Cicero, 
was adrogated into a plebeian family by a lex 
curiata, in order to qualify himself to be elected a 
tribunus plebis. (Cic. ad Att. ii. 7, p. Dom.) 
Females could not be adopted by the adrogatio. 
Under the emperors it became the practice to effect 
the adrogatio by an imperial rescript (principis 
aucloritate,ex rescripto principis) ; but this practice 
had not become established in the time of Gaius, 
or, as it appears, of Ulpian. (Compare Gaius, i. 
9fJ, with Gaius as cited in Dig. i. tit. 7. s. 2 ; and 
Ulpian, Frag. tit. 8.) It would seem, however, 
from a passage in Tacitus (Hist. i. 15), that Gallia 
adopted a successor without the ceremony of the 
adrogatio. By a rescript of the Emperor Anto- 
ninus Pius, addressed to the pontifices, those who 
were under age (impuljeres), or wards (pupil/i), 
could, with certain restrictions, be adopted by the 
adrogatio. If a father who had children in his 
power consented to be adopted by another person, 
both himself and his children became in the power 
of the adoptive father. All the property of the 
adopted son became at once the property of the 
adoptive father. (Gains, ii. .')!!.) A person could 
not legally he adopted by the adrogatio till he had 
made out a satisfactory case (justa, Uma, causa) 
to the pontifices, who had the right of insisting on 
certain preliminary conditions. This power of the 
pontifices was probably founded on their right to 
preserve the due observance of the sacra of each 
gens. (Cic. p. Dom. 13, &c.) It would accord- 
ingly have been a good ground of refusing their 
consent to an adrogatio, if the person to he adopted 
was the only nude of his gens, for the mem would 
in such rase be lost. It was required that the 
adoptive father also had no children, and no ren- 
sonalile hopes of any ; and that he should he older 
than the person to be adopted. It is generally 
untuned that all adrogations were made before the 
curiae. Onius, however, nnd Ulpian use the ex- 
|ire-aions j» r i»ip)ilum,auctoritatc ]m>imH, expressions 



16 



ADORATIO. 



ADULTERIUM. 



of very doubtful import with reference to their 
period. After the comitia curiata fell into disuse, 
it is most probable that there was no formal as- 
sembly of the curiae, and that they were repre- 
sented by the thirty lictors. 

A woman could not adopt a person, for even her 
own children were not in her power. 

The rules as to adoption which the legislation 
of Justinian established, are contained in the In- 
stitutes (i. tit. 11). 

The effect of adoption, as already stated, was to 
create the legal relation of father and son, just as 
if the adopted son were born of the blood of the 
adoptive father in lawful marriage. The adopted 
child was intitled to the name and sacra privata 
of the adopting parent, and it appears that the 
preservation of the sacra privata, which by the 
laws of the Twelve Tables were made perpetual, 
was frequently one of the reasons for a childless 
person adopting a son. In case of intestacy, the 
adopted child would be the heres of his adoptive 
father. He became the brother of his adoptive 
father's daughter, and therefore could not marry 
her ; but he did not become the son of the adoptive 
lather's wife, for adoption only gave to the adopted 
son the jura agnationis. (Gaius, i. 97 — 107 ; Dig. 
1. tit. 7 ; Cic. p. Domo.) 

The phrase of " adoption by testament " (Cic. 
Brut. 58) seems to be rather a misapplication of 
the term ; for though a man or woman might by 
testament name a heres, and impose the condition 
of the heres taking the name of the testator or 
testatrix, this so-called adoption could not produce 
the effects of a proper adoption. It could give to 
the person so said to be adopted, the name or pro- 
perty of the testator or testatrix, but nothing more. 
Niebuhr (Lectures, vol. ii. p. 100) speaks of the 
testamentary adoption of C. Octavius by C. Julius 
Caesar, as the first that he knew of ; but the pas- 
sage of Cicero in the Brutus and another passage 
(Ad Hirt. viii. 8), show that other instances had 
occurred before. A person on passing from one 
gens into another, and taking the name of his new 
familia, generally retained the name of his old gens 
also, with the addition to it of the termination 
anus. (Cic. ad Att. iii. 20, and the note of Vic- 
tori us.) Thus, C. Octavius, afterwards the Emperor 
Augustus, upon being adopted by the testament of 
his uncle the dictator, assumed the name of Caius 
Julius Caesar Octavianus ; but he caused the 
adoption to be confirmed by the curiae. As to the 
testamentary adoption of C. Octavius, see Drumarm, 
Gcschichte Roms, vol. i. p. 337, and the references 
there given. Livia was adopted into the Julia 
gens by the testament of Augustus (Tac. Ann. 
i. 8) ; and it was not stated that this required any 
confirmation. But things were changed then. The 
Lex Julia etPapia Poppaea gave certain privileges 
to those who had children, among which privileges 
was a preference in being appointed to the praetor- 
ship and such offices. This led to an abuse of the 
practice of adoption ; for childless persons adopted 
children in order to qualify themselves for such 
offices, and then emancipated their adopted chil- 
dren. This abuse was checked by a senatus 
consultum in the time of Nero. (Tac. Ann. xv. 19 ; 
Cic. de Of. iii. 18, ad Att. vii. 8 ; Suet. Jul. Caes. 
83, Tih. 2, Sec; Heinec. Syntagma; Dig. 36. tit. 
1. s. 63.) [G. L.] 

ADORA'TIO (npoa-KVPria-Ls) was paid to the 
gods in the following maimer : — The person 



stretched out his right hand to the statue of the 
god whom he wished to honour, then kissed his 
hand and waved it to the statue. While doing 
this he moved round his whole body, for which 
custom Plutarch (Num. 14) gives some curious 
reasons ; but the true reason probably was, that 
the person might be the more surely put into com- 
munication with the deity, as it was uncertain 
where he would reveal himself as the dens 
praesens. It was also the practice to have the 
head and ears covered, so that only the forepart of 
the face remained uncovered. (Plin. N. H. xxviii. 
5; Minucius Felix, 2 ; Lucret. v. 1197.) The 
adoratio differed from the oratio or prayers, which 
were offered with the hands folded together and 
stretched out to the gods, the natural attitude pre- 
scribed by nature to the suppliant, and which we 
find mentioned by Homer. (II. vii. 177; vn-ria- 
(T/j.ara x e P^ v i jEsch. Prom. 1004; caelo stipinas 
ferre manus, Hor. Carm. iii. 23. 1.) The adoration 
paid to the Roman emperors was borrowed from 
the eastern mode of adoration, and consisted in 
prostration on the ground, and kissing the feet and 
knees of the emperor. 

ADROGA'TIO. [Adoptio (Roman).] 

ADSCRIPTI'VI. [Accensi.] 

ADSERTOR. [Assertor.] 

ADSESSOR. [Assessor.] 

ADSIGNA'TIO. [Agrariae Leges and 
Ager.] 

ADSTIPULA'TIO. [Obligationes.] 

ADSTIPULA'TOR. [Intercessio.] 

ADULTUS. [Infans.] 

ADULTER'IUM, adultery. 1. Greek. 
A^mong the Athenians, if a man caught another 
man in the act of criminal intercourse (/ioixei'a) 
with his wife, he might kill him with impunity ; 
and the law was also the same with respect to a 
concubine (-KaKKaK-i)). He might also inflict other 
punishment on the offender. It appears that among 
the Athenians there was no adultery, unless a 
married woman was concerned. (Lysias, "Tirhp tov 
'Eparoo-Btvovs *dVov.) But it was no adultery for 
a man to have connection with a married woman 
who prostituted herself, or who was engaged in 
selling any thing in the agora. (Demosth. Kara 
Neai'pos, c. 18.) The Roman law appears to have 
been pretty nearly the same. (Paulus, Sent. Recept. 
vi. tit. 26.) The husband might, if he pleased, 
take a sum of money from the adulterer by way of 
compensation, and detain him till he found sureties 
for the payment. If the alleged adulterer had 
been unjustly detained, he might bring an action 
against the husband ; and, if he gained his cause, 
he and his sureties were released. If he failed, 
the law required the sureties to deliver up the 
adulterer to the husband before the court, to do 
what he pleased with him, except that he was not 
to use a knife or dagger. (Demosth. Kara Neai'p. 
18.) . 

The husband might also prosecute the adulterer 
in the action called /uoix^'a? ypacpT}. If the act of 
adultery was proved, the husband could no longer 
cohabit with his wife under pain of losing his 
privileges of a citizen (an^la). The adulteress was 
excluded even from those temples which foreign 
women and slaves were allowed to enter ; and if 
she was seen there, any one might treat her as he 
pleased, provided he did not kill her or mutilate 
her. (Dem. Kara Neoi'p. c. 22 ; Aeschin. Kara 
Tijudpx. c. 36.) 



ADULTERIUM. 



ADVOCATUS. 



17 



2. Roman. Adulterium properly signifies, in 
the Roman law, the offence committed by a man, 
married or unmarried, having sexual intercourse 
with another man's wife. Stuprum (called by 
the Greeks <p8opd) signifies the commerce with a 
widow or a virgin. It was the condition of the 
female which determined the legal character of 
adultery ; there was no adultery unless the female 
was married. It is stated, however (Dig. 48. 
tit. 5. s. 13), that a woman might commit adultery 
whether she was "justa uxor sive injusta," the 
meaning of which is not quite certain ; but pro- 
bably it means whether she was living in a mar- 
riage recognised as a marriage by the Roman law 
or merely by the jus gentium. The male who 
committed adultery was adulter, the female was 
wlultera. The Latin writers were puzzled about 
the etymology of the word adulterium ; but if we 
look to its various significations besides that of 
illegal sexual commerce, we may safely refer it to 
the same root as that which appears in adultus. 
The notion is that of " growing to," " fixing," or 
"fastening to," one thing on another and extra- 
neous thing: hence, among other meanings, the 
Romans used adulterium and adulteratio as we 
use the word "adulteration," to express the cor- 
rupting of a thing by mixing something with it of 
less value. 

In the time of Augustus a lex was enacted 
(probably u. c. 17), intitled Lex Julia de Adul- 
teriis co'crcendi.i, the first chapter of which repealed 
some prior enactments on the same subject, with 
the provisions of which prior enactments we are, 
however, unacquainted. Horace (('arm. iv. 5. 21) 
alludes to the Julian law. In this law, the terms 
adulterium and stuprum are used indifferently ; but, 
strictly speaking, these two terms differed as above- 
stated. The chief provisions of this law may be 
collected from the Digest (48. tit. 5), from Paulus 
(Smtr/it. Recept. ii. tit. 2G. ed. Schulting), and Bris- 
sonius (Ad Legem Juliam iJe Adulteriin, Lib. Sing.). 

It seems not unlikely that the enactments re- 
pealed by the .Julian law contained special penal 
provisions against adultery ; and it is also not 
improbable that, by the old law or custom, if the 
adulterer was caught in the fact, he was at the 
mercy of the injured husband, and that the hus- 
band might punish with death his adulterous wife. 
(Dionys. ii. 25 j Suet. 'lib. 'Ah.) It seems, also, 
that originally the act of adultery might be pro- 
secuted by any person, as being a public offence ; 
but under the emperors the right of prosecution 
was limited to the husband, father, brother, pa- 
tnius, and avunculus of the adulteress. 

By the Julian law, if a husband kept his wife 
after an act of adultery was known to him, and let 
the adulterer off, he was guilty of the offence of 
lenocinium. The husband or father in whose 
power the adulteress was, had sixty days allowed 
for commencing proceedings against the wife, after 
which time any other person might prosecute. 
(Tacit. Ann. ii. 85.) A woman convicted of 
adultery was mulcted in half of her dos and the 
third part of her property (Ao/i'i), and banished 
(relrgata) to some miserable island, such as Scri- 
phos, for instance. The adulterer was mulcted in 
half his property, and banished in like manner, 
but not to the same island as the woman. The 
adulterer and adulteress were subjected ulso to 
civil incapacities ; but this law did not inflict the 
punishment of death on either party ; and in those 



instances under the emperors in which death was 
inflicted, it must be considered as an extraordinary 
punishment, and beyond the provisions of the 
Julian law. (Tacit. Arm. ii. 50, iii. 24 ; J. Lips. 
Ercurs. ad Tacit. Ann. iv. 42 ; Noodt, Op. Omu. i. 
286, &C.) But by a constitution of Constantino 
(Cod. ix. 30, if it is genuine), the offence in the 
adulterer was made capital. By the legislation of 
Justinian (A'ov. 134. c. 10), the law of Con- 
stantine was probably only confirmed ; but the 
adulteress was put into a convent, after being first 
whipped. If her husband did not take her out in 
two years, she was compelled to assume the habit, 
and to spend the rest of her life in the convent. 

The Julian law permitted the father (both 
adoptive and natural) to kill the adulterer and 
adulteress in certain eases, as to which there were 
several nice distinctions established by the law. 
If the father killed only one of the parties, he 
brought himself within the penalties of the Cor- 
nelian law De Sicariis. The husband might kill 
persons of a certain chiss, described in the law, 
whom he caught in the act of adultery with his 
wife ; but he could not kill his wife. The hus- 
band, by the fifth chapter of the Julian law, could 
detain for twenty hours the adulterer whom he 
had caught in the fact, for the purpose of calling 
in witnesses to prove the adultery. If the wile 
was divorced for adultery, the husband was in- 
titled to retain part of the dos. (Ulpian, Fr. vi. 
12.) The authorities for the Lex Julia de Adul- 
teriis, both ancient and modem, are collected by 
Rein, Dan Criminal recht der Homer, 1844. [G. L.] 

ADVKRSA'RIA, note-book, memorandum- 
book, posting-book, in which the Romans entered 
memoranda of any importance, especially of money 
received and expended, which were afterwards 
transcribed, usually every month, into a kind of 
ledger. (Tabulae juttae, codex accepti ct cxpensi.) 
They were probably called Adversaria, becau.se 
they lay always open before the eyes. (C'w.p. Mote. 
Com. :i; Prop. iii. 23. 20.) 

A D V E RSA'RII J S. [Actor.] 

ADU'NATl (aSiWroi), persons supported by 
the Athenian state, who, on account of infirmity or 
bodily defects, were unable to obtain a livelihood. 
The sum which they received from the state ap- 
pears to have varied at different times. In the 
time of Lysias and Aristotle, one obolus a day 
was given ; but it appears to have been afterwards 
increased to two oboli. The bounty was restricted 
to persons whose property watt under three miliar. 
It was awarded by a decree of the people ; but 
the examination of the individuals belonged to the 
senate of the Five Hundred : the payments were 
made by prytancias. l'eisistnitus is said to have 
been the first to introduce a law for the mainte- 
nance of those persons who had been mutilat d in 
war ; but, according to others, this provision de- 
rived its origin from a law of Solon. (I'lnt. Solon. 
.'(I ; Schol. ad Artel,, vol. iii. p. 738, ed. It. i^ke ; 
Ai sch. r. Tim. p. 123 ; Jlurporrat. Suid. Ilesych. 
3. v. ; Lysias, 'Tirtp tou 'AoWdTov, a sp- cell 
written for an individual in order to prove that he 
was intitled to be supported by the state ; Biirkh, 
Public /•><,». of A tln niiy p. 212. Kr. 2nd edit.) 

ADVOCA 'I TS seems originally to have signi- 
fied any person who gave anotle r his aid in any 
affair or business, ns a witness for instance (Yarr. 
I)e lie liu*t. ii. c. 5) ; or for the purpose of aiding 
and protecting him in taking |ios«oxsion of a piece 



18 



AEDILES. 



AEDILES. 



of property. (Cic. pro Caetin. c. 8.) It was 
also used to express a person who gave his advice 
and aid to another in the management of a cause, 
as a juris-consultus did ; but the word did not 
signify the orator or patronus who made the speech 
(Cic. de Orat. ii. 74) in the time of Cicero. Under 
the emperors, it signified a person who in any way 
assisted in the conduct of a cause (Dig. 50. tit. 13. 
s. 1), and was sometimes equivalent to orator. 
(Tacit. Ann. x. 6.) The advocate had then a fee, 
which was called honorarium. [Orator, Pa- 
tronus, Lex Cincia.] 

The advocatus is defined by Ulpian (Big. SO, 
tit. 13) to be any person who aids another in the 
conduct of a suit or action ; but under the empire 
the jurisconsulti no longer acted as advocates, in 
the old sense of that term. They had attained a 
higher position than that which they held under 
the republic. 

The advocatus fisci was an important officer 
established by Hadrianus. (Spart. Hadrian. 60.) 
It was his business to look after the interests of 
the fiscus or the imperial treasury, and, among 
other things, to maintain its title to bona caduea. 
The various meanings of advocatus in the Middle 
Ages are given by Du Cange, Gloss. (Dig. 28. 
tit. 4. s. 3 ; Hollweg, Handbutli des Civi/prozesses, 
p. 196.) [G.L.] 
A'DYTUM. [Templum.] 
AEACEIA (aia/ma), a festival of the Aegi- 
netans in honour of Aeacus, the details of which 
are not known. The victor in the games which 
were solemnised on the occasion, consecrated his 
chaplet in the magnificent temple of Aeacus. 
(Schol. ad Pind. 01. vii. 156, xiii. 155 ; MUUer, 
Aeginetica, p. 140.) [L. S.] 

AEDES. [Domus; Templum.] 
AEDES VITIO'SAE, RUINO'SAE. [Dam- 
num Inpectum.] 

AEDI'CUL AE, signifies in the singular, a room, 
but in the plural, a small house. It is, however, 
more frequently used in the sense of a shrine, at- 
tached to the walls of temples or houses, in which 
the statue of a deity was placed. The aediculae 
attached to houses, sometimes contained the pe- 
nates of the house, but more frequently the 
guardian gods of the street in which they were 
placed. (Liv. xxxv. 41 ; Petron. 29.) 

AEDI'LES (ayopavSfioi). The name of these 
functionaries is said to be derived from their 
having the care of the temple (aedes) of Ceres. 
The aediles were originally two in number, and 
called aediles plebeii ; they were elected from the 
plebes, and the institution of the office dates from 
the same time as that of the tribuni plebis, B. c. 
494. Their duties at first seem to have been 
merely ministerial ; they were the assistants of 
the tribunes in such matters as the tribunes en- 
trusted to them, among which are enumerated the 
hearing of causes of smaller importance. At an 
early period after their institution (b. c. 446), we 
find them appointed the keepers of the senatus 
consulta, which the consuls had hitherto arbitrarily 
suppressed or altered. (Liv. iii. 55.) They were 
also the keepers of the plebiscita. Other functions 
were gradually entrusted to them, and it is not 
always easy to distinguish their duties from some 
of those which belong to the censors ; nor to dis- 
tinguish all the duties of the plebeian and curule 
aediles, after the establishment of the curule 
a;dileship. They had the general superintendence 



of buildings, both sacred and private : under this 
power they provided for the support and repair of 
temples, curia?, &c, and took care that private 
buildings which were in a ruinous state (aedes 
vitiosae, ruinosa,e) were repaired by the owners, or 
pulled down. The superintendence over the supply 
and distribution of water at Rome was, at an early 
period, a matter of public administration. Ac- 
cording to Frontinus, this was the duty of the 
censors ; but when there were no censors, it was 
within the province of the aediles. The care of 
each particular source or supply was farmed to un- 
dertakers (redemptores), and all that they did was 
subject to the approbation of the censors or the 
aediles. (De Aquaeduct. Rom. lib. ii.) The care of 
the streets and pavements, with the cleansing and 
draining of the city, belonged to the aediles, and 
the care of the cloacae. They had the office of 
distributing corn among the plebes, which was 
sometimes given gratuitously, sometimes sold at a 
cheap rate ; but this distribution of corn at Rome 
must not be confounded with the duty of purchasing 
or procuring it from foreign parts, which was per- 
formed by the consuls, quaestors, and praetors, and 
sometimes by an extraordinary magistrate, as the 
praefectus annonae. The aediles had to see that 
the public lands were not improperly used, and 
that the pasture-grounds of the state were not 
trespassed on ; and they had power to punish by 
fine any unlawful act in this respect. The fines 
were employed in paving roads, and in other 
public purposes. They had a general superin- 
tendence over buying and selling, and, as a con- 
sequence, the supervision of the markets, of things 
exposed to sale, such as slaves, and of weights and 
measures : from this part of their duty is derived 
the name under which the aediles are mentioned 
by the Greek writers (ayopav6/j.oi). It was their 
business to see that no new deities or religious 
rites were introduced into the city, to look after 
the observance of religious ceremonies, and the 
celebrations .of the ancient feasts and festivals. 
The general superintendence of police compre- 
hended the duty of preserving order, decency, and 
the inspection of the baths, and houses of enter- 
tainment, of brothels, and of prostitutes. The 
aediles had various officers under them, as prae- 
cones, scribae, and viatores. 

The Aediles Curules, who were also two in 
number, were originally chosen only from the pa- 
tricians, afterwards alternately from the patricians 
and the plebes, and at last indifferently from 
both. (Liv. vii. 1.) The office of curule aediles 
was instituted b. c. 365, and, according to Livy, 
on the occasion of the plebeian aediles refusing to 
consent to celebrate the ludi maximi for the space 
of four days instead of three ; upon which a 
senatus consultum was passed, by which two 
aediles were to be chosen from the patricians. 
From this time four aediles, two plebeian and 
two curule, were annually elected. (Liv. vi. 42.) 
The distinctive honours of the aediles curules 
were, the sella curulis, from whence their title is 
derived, the toga praetexta, precedence in speaking 
in the senate, and the jus imaginum. (Cic. 
Verr. v. 14.) Only the aediles curules had the 
jus edicendi, or the power of promulgating edicta 
(Gaius, i. 6) ; but the rules comprised in their 
edicta served for the guidance of all the aediles. 
The edicta of the curule aediles were founded on 
their authority as superintendents of the markets, 



AEDILES. 



AEDILE3. 



19 



and of buying and selling in general. Accordingly, 
their edicts had mainly, or perhaps solely, reference 
to the rules as to buying and selling, and contracts 
for bargain and sale. They were the foundation 
of the actiones aediliciae, among which are included 
the actio redhibitoria, aniquanli minoris. (Dig. 21. 
tit. 1. De Aedilicio Edido ; Gell. iv. 2.) A great 
part of the provisions of the aediles' edict relate to 
the buying and selling of slaves. The persons 
both of the plebeian and curule aediles were sa- 
crosancti. (Liv. iii. 55.) 

It seems that after the appointment of the 
curule aediles, the functions formerly exercised 
by the plebeian aediles were exercised, with some 
few exceptions, by all the aediles indifferently. 
Within five days after being elected or entering 
on office, they were required to determine by lot, 
or by agreement among themselves, what parts of 
the city each should take under his superintend- 
ence ; and each aedile alone had the care of 
looking after the paving and cleansing of the 
streets, and other matters, it may be presumed, of 
the same local character within his district. (Tabid. 
Ileracl. ed. Mazoch.) 

In the superintendence of the public festivals 
and solemnities, there was a further distinction 
between the two sets of aediles. Many of these 
festivals, such as those of Flora (Cic. Verr. v. 14 ; 
Ovid. Fast. v. 278, &c.) and Ceres, were superin- 
tended by either set of aediles indifferently ; but 
the plebeian games (pte/jeii ludi) were under the 
superintendence of the plebeian aediles (Liv. xxxi. 
50.), who had an allowance of money for that 
purpose ; and the fines levied on the pecuarii, 
and others, seem to have been appropriated to 
these among other public purposes. (Liv. x. 23 ; 
xxvii. t> ; Ovid. I'ast. v. 27!t, &c.) The celebra- 
tion of the Ludi magni or Romani, of the Ludi 
scenici, and the Ludi Megalesii or Mcgalenses, 
belonged specially to the curule aediles (Liv. 
xxxi. 50 ; and the Didascaliac to the plays of 
Terence), and it was on such occasions that they 
often incurred a prodigious expense, with the view 
of pleasing the people and securing their votes in 
future elections. This extravagant expenditure of 
the aediles arose after the close of the second 
Punic war, and increased with the opportunities 
which individuals had of enriching themselves 
after the Roman arms were carried into Greece, 
Africa, and Spain. Even the prodigality of the em- 
perors hardly surpassed that of individual curule 
aediles under the republic ; such as C. Julius 
Caesar (Plut. Carsar, 6) afterwards the dictator, 
P. Cornelius Lcntulus Spinther ; and, above all, 
M. Aemilius Scaurus, whose expenditure was not 
limited to bare hIiow, but comprehended objects 
of public utility, as the reparation of walls, dock- 
yards, ports, and aquaeducU. (Cic. de Off. ii. 17 ; 
Plin. II. N. xxxiii. 3, xxxvi. 15.) An instance is 
mentioned by Dion Cassius (xliii. 48) of the Ludi 
Megalesii being superintended by the plebeian 
aediles ; but it was done pursuant to a senatus 
consultum, and thus the particular exception con- 
firms the general rule. 

In B. c. 45, Julius Caesar caused two curule 
aediles and four plebeian aediles to be elected ; 
and thenceforward, at least so long as the office of 
aedile was of any importance, six nediles were 
annually elected. The two new plebeian aedilrs 
were called Cereales, and their duty was to look 
after the supply of com. Though their office may 



not have been of any great importance after the 
institution of a praefectus annonae by Augustus, 
there is no doubt that it existed for several cen- 
turies, and at least as late as the time of Gordian. 

The aediles belonged to the class of the 
minores magistratus. Dionysius states that the 
aediles were originally chosen at the comitia 
curiata (ix. 43) ; but this is not probable. The 
plebeian aediles were originally chosen at the 
comitia centuriata, but afterwards at the comitia 
tributa (Dionys. vi. 90. ix. 43. 49 ; Liv. ii. 56, 
57), in which comitia the curule aediles also were 
chosen, at the same time (Plut. .Marius, 5) ; but 
it appears that there was a separate voting for 
the curule and the plebeian aediles, and that the 
curule aediles were elected first. It appears that 
until the lex annalis was passed, a Roman citizen 
might be a candidate for any office after completing 
his twenty-seventh year. This lex annalis, which 
was passed at the instance of the tribune L. 
Villius Tappulus, B.C. 180, fixed the age at which 
each office might be enjoyed. (Liv. xl. 44.) 
The passage of Livy docs not mention what were 
the ages fixed by this law ; but it is collected 
from various passages of Roman writers, that the 
age fixed for the aedileship was thirty-six. This, 
at least, was the age at which a man could be a 
candidate for the curule aedileship, and it docs not 
appear that there was a different rule for the 
plebeian aedileship. In Cicero's time, the aediles 
were elected some time in July, the usual place of 
election was the Field of Mars (Campus Martius), 
and the presiding magistrate was a consul. 

The aediles existed under the emperors ; but 
their powers were gradually diminished, and their 
functions exercised by new officers created by the 
emperors. After the battle of Actium, Augustus 
appointed a praefectus urbi, who exercised the 
general police, which had formerly been one of the 
duties of the aediles. Augustus also took from 
the aediles, or exercised himself, the office of 
superintending the religious rites, and the banish- 
ing from the city of all foreign ceremonials ; he 
also assumed the superintendence of the temples, 
and thus may be said to have destroyed the aedile- 
ship by depriving it of its old and original func- 
tion. This will serve to explain the fact men- 
tioned by Dion Cassius (lv. 24), that no one 
was willing to hold so contemptible an office, and 
Augustus was therefore reduced to the necessity 
of compelling persons to take it : persons were ac- 
cordingly chosen by lot, out of those who had 
served the office of quaestor and tribune ; and this 
was done more than once. The lost recorded in- 
stance of the splendours of the aedileship is the 
administration of Agrippa, who volunteered to take 
tin- office, and repaired all the public buildings and 
all the roads at his own expense, without drawing 
anything from the treasury. (Dion Cass. xlix. 49 ; 
Plin. //. X. xxxvi. 15.) The aedileship had, 
however, lost its true character before this time. 
Agrippa had already been consul before he accepted 
the office of aedile, and his munificent expenditure 
in this nnminnl office wns the close of the splendour 
of the aedileship. Augustus appointed the curule 
aediles specially to the office of putting out fires, 
and placed a body of GOO slaves at their command ; 
but the praefecti wgiluin afterwards performed this 
duty. In like manner the curutora vinrum were 
appointed by him to superintend the roads near 
the cilv, and the quutuorviri to superintend those 
2 



20 AEGINETARUM FERIAE. 
within Rome. The curatores operum pullicorum 
and the curatores alvei Tiberis, also appointed hy 
Augustus, stripped the aediles of the remaining 
few duties that might be called honourable. They 
lost also the superintendence of wells, or springs, 
and of the aquaeducts. (Frontinus ii. De Aquae- 
ductibus.) They retained, under the early em- 
perors, a kind of police, for the purpose of repress- 
ing open licentiousness and disorder : thus the 
baths, eating-houses, and brothels were still sub- 
ject to their inspection, and the registration of 
prostitutes was still within their duties. (Tacit. 
Annal. ii. 85.) We read of the aediles under 
Augustus making search after libellous books, in 
order that they might be burnt ; and also under 
Tiberius (Tacit. Ann. iv. 35.) 

The coloniae, and the municipia of the later 
period, had also their aediles, whose numbers and 
functions varied in different places. They seem, 
however, as to their powers and duties, to have re- 
sembled the aediles of Rome. They were chosen 
annually. {De Aedil. Col, Sec. Otto. Lips. 1732.) 

The history, powers, and duties of the aediles 
are stated with great minuteness by Schubert, De 
Romanorum Aedilibus, lib. iv. Regimontii, 1828. 
See also Wunder, De Romanorum Comitiis Aedi- 
lium Curulium, in his edition of Cicero's Oration 
Pro Cn. Plancio, Leipzig, 1830. [G. L.] 

AEDI'TUI, AEDI'TUMI, AEDI'TIMI 
(vewicSpoi, £dicopoi), persons who took care of the 
temples, and attended to the cleaning of them. 
Notwithstanding this menial service, they partook 
of the priestly character, and are sometimes even 
called priests by the Greek grammarians. (Suidi 
Hesych. Etym. M. s. v. (dicopos ; Pollux, i. 14.) 
In many cases they were women, as Timo in 
Herodotus (vi. 134), who also speaks of her as 
vwo&Kopos, from which it is clear that in some 
places several of these priests must have been at- 
tached to one and the same temple, and that they 
differed among themselves in rank. Subsequently 
the menial services connected with the office of the 
Neocori were left to slaves, and the latter became a 
title given to priestly officers of high rank, of whom an 
account is given in a separate article. [Neocori.] 
The aeditui lived in the temples, or near them, 
and acted as ciceroni to those persons who 
wished to see them. (Plin. N. xxxvi. 4. § 10 ; 
Cic. Verr. iv. 44 ; Liv. xxx. 17 ; Schol. ad Hor. 
Ep. ii. 1. 230.) In ancient times the aeditui were 
citizens, but under the emperors freedmen. (Serv. 
ad Virg. Aen. ix. 648.) 

_ AEGINETA'RUM FE'RIAE (hlyivqTwv 
topTri), a festival in honour of Poseidon, which 
lasted sixteen days, during which time every 
family took its meals quietly and alone, no slave 
being allowed to wait, and no stranger invited to 
partake of them. From the circumstance of each 
family being closely confined to itself, those who 
solemnised this festival were called fiovocpdyot. 
Plutarch (Quaest.. Graec. 44) traces its origin to the 
Trojan war,and says that, as many of the Aeginetans 
had lost their lives, partly in the siege of Troy and 
partly on their return home, those who reached 
their native island were received indeed with joy 
by their kinsmen ; but in order to avoid hurting 
the feelings of those families who had to lament 
the loss of their friends, they thought it proper 
neither to show their joy nor to offer any sacrifices 
in public. Every family, therefore, entertained 
privately their friends who had returned, and 



AEGIS. 

acted themselves as attendants, though not with- 
out rejoicings. [L. S.] 

AEGIS (alyis), the shield of Zeus, signifies 
literally a goat-skin, and is formed on the same 
analogy with vfSpis, a fawn-skin. (Herod, iv. 189.) 
According to ancient mythology, the aegis worn by 
Zeus was the hide of the goat Amaltheia, which 
had suckled him in his infancy. Hyginus relates 
(Astron. Poet. 13), that, when he was preparing 
to resist the Titans, he was directed, if he wished 
to conquer, to wear a goat-skin with the head of 
the Gorgon. To this particular goat-skin the term 
aegis was afterwards confined. Homer always re- 
presents it as part of the armour of Zeus, whom on 
this account he distinguishes by the epithet aegis- 
bearing (alyioxos). He, however, asserts, that it 
was borrowed on different occasions both by Apollo 
(II. xv. 229, 307—318, 360, xxiv. 20), and by 
Athena (II ii. 447—449, xviii. 204, xxi. 400). 

The skins of various quadrupeds having been 
used by the most ancient inhabitants of Greece 
for clothing and defence, we cannot wonder that 
the goat-skin was employed in the same manner. 
It must also be borne in mind that the heavy 
shields of the ancient Greeks were in part sup- 
ported by a belt or strap (reAaftwv, balteus) passing 
over the right shoulder, and, when not elevated 
with the shield, descending transversely to the left 
hip. In order that a goat-skin might serve this 
purpose, two of its legs would probably be tied 
over the right shoulder of the wearer, the other 
extremity being fastened to the inside of the shield. 
In combat the left arm would be passed under the 
hide, and would raise it together with the shield, 
as is shown in a marble statue of Athena, pre- 
served in the museum at Naples, which, from its 
style of art, may be reckoned among the most an- 
cient in existence. 




Other statues of Athena represent her in a state 
of repose, and with the goat-skin falling obliquely 
from its loose fastening over her right shoulder, so 
as to pass round the body under the left arm. The 
annexed figure is taken from a colossal statue of 
Athena at Dresden. 



AEGIS. 



AEGIS. 



21 




Another mode of wearing this garment, also of 
peaceful expression, is seen in a statue of Athena 
at Dresden, of still higher antiquity than that last 
referred to, and in the very ancient image of the 
same goddess from the temple of Zeus at Acgina. 
In both of these the aegis covers the right as well 
as the left shoulder, the breast, and the back, fall- 
ing behind so as almost to reach the feet. Schorn 
(in Bottigcr's Amalthea, ii. 215) considers thi3 as 
the original form of the aegis. 

Bv a figure of speech, Homer uses the term 
aegis to denote not only the goat-skin, which it 
properly signified, but together with it the shield 
to which it belonged. By thus understanding the 
word, it is easy to comprehend both why Athena 
is said to throw her father's aegis around her 
shoulders (//. v. 738, xviii. 204), and why on one- 
occasion Apollo is said to hold it in his hand and 
to shake it so as to terrify and confound the 
Greeks (//. xv. 229. 307—321), and on another 
occasion to cover with it the dead body of Hector 
in order to protect it from insult (xxiv. 20). In 
these passages we must suppose the aegis to mean 
the shield, together with the large expanded skin 
or belt by which it was suspended from the right 
shoulder. 

As the Greeks prided themselves greatly on the 
rich and splendid ornaments of their shields, they 
supposed the aegis to be adorned in a style cor- 
responding to the might and majesty of the father 
of the gods. In the middle of it was fixed the 
appalling Gorgon's head (//. v. 741), and its 
border was surrounded with golden tassels 
(■dwravoi), each of which was worth a hecatomb 
(ii. 446 — 449). In the figures above exhibited, 
the serpents of the Gorgon's head are transferred 
to the border of the skin. 

By the later poets and artist', the original con- 
ception of the aegis appears to have been for- 
gotten or disregarded. They represent it as a 
breast-plate covered with metal in the form of 
scales, not used to support tie- shield, but extend- 
ing equally on both sides from shoulder to 
shoulder ; as in the annexed figure, taken from a 
sunn- at Florence. 

With this appearance the descriptions of the 
aegis bv the Latin poets generally correspond. 
(Virg. Am. viii. 435 — I3B ; Val. Flare vi. 174 ; 
Bid. ApolL Cbrra. 15 ; Sil. [tel. ix. 442.) 




It is remarkable that, although the aegis pro- 
perly belonged to Zeus, yet we seldom find it as 
an attribute of Zeus in works of art. There is, 
however, in the museum at Leyden, a marble statue 
of Zeus, found at Utica, in which the aegis hangs 
over his left shoulder. The annexed figure is taken 
from an ancient cameo. Zeus is here represented 
with the aegis wrapt round the fore part of his 
left arm. The shield is placed underneath it, at 
his feet. 




The Roman emperors also assumed the aegis, 
intending thereby to exhibit themselves in the 
character of JupitCT. Of this the nmied statue of 
Hadrian in tin- British Museum presents nn ex- 
ample. In these cases the more recent Itoman 
conception of the aegis is of course followed, co- 
inciding with the remark of Senilis (Am. viii. 
435), that this hM| BIUIUUI win railed aegis 
when worn by a god ; U/rirn, when worn bv ■ man. 

(Camp Mart, tit I.) [j. Y.] 

c 3 



AENUM. 



AERARII. 



AEINAUTAE (aeivavrca), magistrates at 
Miletus, consisting of the chief men in the state, 
who obtained the supreme power on the deposition 
of the tyrants, Thoas and Damasenor. Whenever 
they wished to deliberate on important matters, 
they embarked on board ship (hence their name), 
put out at a distance from land, and did not return 
to shore till they had transacted their business. 
(Plut. Quaest. Grace. 32.) 

AEIPHU'GIA (aeupvyia). [Exsilium.] 
AEISITI (aeiViToi). [Prytaneium.] 
AENEATO'RES (ahenatores, Amm. Marc, 
xxiv. 4), were those who blew upon wind instru- 
ments in the Roman army, namely, the buc- 
tinatores, carnitines, and tubicines, and they were 
so called because all these instruments were made 
of aes or bronze. (Suet. Caes. 32.) Aeneatores 
were also employed in the public games. (Sen. Ep. 
84.) A collegium aeneatorum is mentioned in in- 
scriptions. (Orelli, Inscr. No. 4059.) 

AENIGMA (alviy/xa), a riddle. It appears 
to have been a very ancient custom among the 
Greeks, especially at their symposia, to amuse 
themselves by proposing riddles to be solved. 
Their partiality for this sort of amusement is at- 
tested by the fact that some persons, such as 
Theodectes of Phaselis and Aristonymus, acquired 
considerable reputation as inventors and writers of 
riddles. (Athen. x. pp.451, 452, xii. p. 538.) Those 
who were successful in solving the riddle proposed 
to them received a prize, which had been pre- 
viously agreed upon by the company, and usually 
consisted of wreaths, taeniae, cakes, and other 
sweetmeats, or kisses, whereas a person unable to 
solve a riddle was condemned to drink in one 
breath a certain quantity of wine, sometimes mixed 
with salt water. (Athen. x. p. 457 ; Pollux, vi. 107 ; 
Hesych. s. v. yp?(pos.) Those riddles which have 
come down to us are mostly in hexameter verse, 
and the tragic as well as comic writers not unfre- 
quently introduced them into their plays. Pollux 
{I. c.) distinguishes two kinds of riddles, the 
aXviyjia and yp7<pos, and, according to him, the 
former was of a jocose and the latter of a serious 
nature ; but in the writers whose works have come 
down to us, no such distinction is observed ; and 
there are passages where the name ypi<pos is 
given to the most ludicrous jokes of this kind. 
(Aristoph. Vesp. 20 ; comp. Becker, Charicles, 
vol. i. p. 473.) The Romans seem to have been too 
serious to find any great amusement in riddles ; 
and when Gellius (xviii. 2) introduces some Ro- 
mans at a banquet engaged in solving riddles, we 
must remember that the scene is laid at Athens ; 
and we do not hear of any Romans who invented 
or wrote riddles until a very late period. Appu- 
leius wrote a work entitled Liber Ludicrorum et 
Griphorum, which is lost. After the time of Ap- 
puleius, several collections of riddles were made, 
some of which are still extant in MS. in various 
libraries. [L. S.] 

AE'NUM, or AHE'NUM (sc. vas), a brazen 
vessel, used for boiling, is denned by Paullus to 
be a vessel hanging over the fire, in which water 
was boiled for drinking, whereas food was boiled 
in the cacabus. (Dig. 33. tit. 7. s. 18. § 3.) This 
distinction is not, however, always observed ; for 
we read of food being cooked in the a'anwm. (Juv. 
xv. 81 ; Ov. Met. vi. 645.) The word is also 
frequently used in the sense of a dyer's copper ; 
and, as purple was the most celebrated dye of 



antiquity, we find the expressions Sidonium atnum, 
Tyrium ai'num, &c. (Ov. Fast. iii. 822 ; Mart, 
xiv. 133.) 

AEO'RA, or EO'RA (aldpa, idpa), a festival 
at Athens, accompanied with sacrifices and ban- 
quets, whence it is sometimes called evSenrvos. 
The common account of its origin is as follows : — 
Icarius was killed by the shepherds to whom he 
had given wine, and who, being unacquainted 
with the effects of this beverage, fancied in their 
intoxication that he had given them poison. 
Erigone, his daughter, guided by a faithful dog, 
discovered the corpse of her father, whom she 
had sought a long time in vain ; and, praying to 
the gods that all Athenian maidens might perish 
in the same manner, hung herself. After this oc- 
currence, many Athenian women actually hung 
themselves, apparently without any motive what- 
ever ; and when the oracle was consulted respect- 
ing it, the answer was, that Icarius and Erigone 
must be propitiated by a festival. (Hygin. Poet. 
Astron. ii. 4.) According to the Etymologicum 
Magnum, the festival was celebrated in honour of 
Erigone, daughter of Aegisthus and Clytaemnestra, 
who came to Athens to bring the charge of matri- 
cide against Orestes before the Areiopagus ; and, 
when he was acquitted, hung herself, with the 
same wish as the daughter of Icarius, and with 
the same consequences. According to Hesychius, 
the festival was celebrated in commemoration of 
the tyrant Temaleus, but no reason is assigned. 
Eustathius (ad Horn. pp. 389, 1535) calls the 
maiden who hung herself Aiora. But as the festival 
is also called 'AXrjris (apparently from the wan- 
derings of Erigone, the daughter of Icarius), the 
legend which was first mentioned seems to be the 
most entitled to belief. Pollux (iv. 7. § 55) men- 
tions a song made by Theodorus of Colophon, 
which persons used to sing whilst swinging them- 
selves (iv Tats alupais). It is, therefore, probable 
that the Athenian maidens, in remembrance of 
Erigone and the other Athenian women who had 
hung themselves, swung themselves during this 
festival, at the same time singing the above- 
mentioned song of Theodorus. (See also Athen. 
xiv. p. 618.) [L. S.] 

AERA. [Chronologia.] 

AERA'RII, a class of Roman citizens, who 
are said not to have been contained in the thirty 
tribes instituted by Servius Tullius. It is, how- 
ever, one of the most difficult points in the Roman 
constitution to determine who they were ; since all 
the passages in which they are mentioned refer only 
to the power of the censors to degrade a citizen, 
for bad conduct, by removing him from his tribe 
and making him an aerarian ; but we nowhere 
find any definition of what an aerarian was. The 
Pseudo-Asconius (ad Cic. divin. in Caecil. p. 103, 
ed. Orelli), says that a plebeian might be degraded 
by being transferred to the tabulae Caeritum and 
becoming an aerarius. The error in this state- 
ment is, that not only a plebeian, but a senator 
and an eques also might become an aerarian, while 
for a plebeian there was no other punishment ex- 
cept that of becoming an aerarian. From the 
Pseudo-Asconius we collect that to have one's 
name transferred to the tables of the Caerites was 
equivalent to becoming an aerarian ; secondly, that 
an aerarian no longer belonged to a century ; and, 
thirdly, that he had to pay the tribute in a dif- 
ferent manner from the other citizens. These state- 



AERARIUM. 



AERARIUM. 



23 



ments are confirmed by the Scholiasta Cruquius 
on Horace (Epist. i. 6. C2) and by Gcllius (xvi. 
13). If we strictly keep to what we there learn, 
we cannot adopt the opinion that the aerarians 
consisted of artizans and freedmen (Niebuhr, Hist, 
of Rome, vol. i. p. 472), for some artizans had a 
very honourable position in the Servian constitu- 
tion ; but there were certain occupations, especially 
those of retail dealers (caupones, Kairnhoi), which 
were thought degrading, and which were carried 
on generally by isopolitcs, who took up their abode 
at Rome, and the number of this class of persons 
(municipes or cites sine snffragio) may have been 
very great. These people we conceive to have 
been the aerarii, not, indeed, on account of their 
occupation, but because they were citizens who 
did not enjoy the suffrage. Hence the Caerites 
were probably the first body of aerarians ; and 
any Roman citizen guilty of a crime punishable 
by the censors, might be degraded to the rank of 
an aerarian ; so that his civic rights were sus- 
pended, at least for the time that he was an 
aerarian. But we cannot suppose that the fact of 
a Roman citizen engaging in trade brought about 
such a degradation ; for there can be little doubt 
that the persons constituting the city tribes (tribus 
urbanae) were more or less all engaged in trade and 
commerce. Hence, to remove a man from a country 
tribe to a city tribe, cannot have been equivalent 
to making him an aerarian (Cic. pro Clucnt. 43), 
and the latter can have been the case only when 
he waa excluded from all the tribes, or when he 
belonged to a city tribe ; so that moving him from 
his tribe was equivalent to excluding him from all 
tribes. Persons who were made infames likewise 
became aerarians, for they lost the jus honorum 
and the suffragium. (Augustin. cle Civ. Dei, ii. 1 3 ; 
Cic. pro Cluent. 42.) The two scholiasts above 
referred to agree in stating that the aerarians had 
to pay a tributum pro capitc ; and that this tax 
was considerably higher than that paid by the 
other citizens, must be inferred from Livy (iv. 
24), who states that Aemilius Mamercus was 
made an aerarian ociuplicato rrnsu. They were 
not allowed to serve in the legions ; but as they 
nevertheless enjoyed the protection of the state, 
such a high rate of taxation cannot be considered 
unjust. 

It has been asserted that the liljrrtini, as such, 
belonged to the class of the aerarians ; but this 
opinion is founded upon a wrong statement of 
Plutarch (JPopUe. 7), that freedmen did not obtain 
the suffrage till the time of Appius Claudius; for 
Dionysius (iv. 22) informs us that Servius Tullius 
incorporated them with the city tribes. (Com p. 
Zonaras, vii. 9 ; Huschke, Verfasmng des Scrv. 
Tull. p. 494, ftic. ; f jiittling, (,'nrli. ihr Rum. Stunts- 
Mtf. p. 260, &c. ; Becker, Hnndlmch ilrr Horn. 
A&trtL vol. ii. pp. 183—196.) [L. S.] 

AERA'RII TRIBU'NI. [Aes Eqlkstre ; 
TuBtnn.] 

AERA HUM (to StuioVioi/), the public trea- 
sury at Home, and hence the public money itself. 
After the banishment of the kings the temple of 
Saturn was employed, upon the projiosition of 
Vale rius Poplicola, as the- place for keeping the 
public money, and it continued to be so used till 
the later times of the empire. (Pint. I'opl. 12, 
(Jinir.«t. Horn. VI ; Kestus, s. r. Arrarnm),* Bc- 

• Of this temple three Corinthian pillars with 



sides the public money and the accounts connected 
with its receipts, expenditure, and debtors, va- 
rious other things were preserved in the treasury ; 
of these the most important were : — 1. The 
standards of the legions (Liv. iii. 69, iv. 22, vii. 
23). 2. The various laws passed from time to 
time, engraven on brazen tables (Suet Caes. 28). 

3. The decrees of the senate, which were entered 
there in books kept for the purpose, though the 
original documents were preserved in the temple of 
Ceres under the custodv of the aediles. (Joseph. 
Ant. xiv. 10. § 10;'Plut. Cat. Mill. 17; Cfc. 
de Leg. iii. 4 ; Tac. Ann. iii. 51.) [Aediles.] 

4. Various other public documents, the reports 
and despatches of all generals and governors of 
provinces, the names of all foreign ambassadors 
that came to Rome [Legatus], &c. 

The aerarium was the common treasury of the 
state, and must be distinguished from the publicum, 
which was the treasury of the populus or the pa- 
tricians. It is mentioned as one of the grievances 
of the plebeians that the booty gained in war 
was frequently paid into the publicum (rrdi</itur in 
publicum), instead of being paid into the aerarium, 
or distributed among the soldiers (Liv. ii. 42); 
but since we no longer read, after the time of the 
decemvirate, of the booty being paid into the pub- 
licum, but always into the aerarium, it is supposed 
by Niebuhr that this was a consequence of the de- 
cemviral legislation. (Niebuhr, Hist. Rom. vol. ii. 
notes 386, 954.) Under the republic the aerarium 
was divided into two parts : the common treasury, 
in which were deposited the regular taxes [Tiu- 
BUTUM ; Vectigalia], and from which were 
taken the sums of money needed for the ordinary 
expenditure of the state ; and the sacred treasury 
(aerarium sanctum oxsanctius, Liv. xxvii. 10 ; Flor. 
iv. 2 ; Caes. B.C. i. 14 ; Cic. ad Att. vii. 21), 
which was never touched except in cases of ex- 
treme peril. , Both of these treasuries were in the 
temple of Saturn, but in distinct parti of the temple. 
The sacred treasury seems to have been first es- 
tablished soon after the capture of Rome by the 
Gauls, in order that the state might always have 
money in the treasury to meet the danger which 
was ever most dreaded by the Romans, — a 
war with the (jauls. (Appian, Ii. C. ii. 41.) At 
first, probably part of the plnnder which the 
Romans gained in their wars with their neigh- 
bours was paid into this sacred treasury j but a 
regular means for augmenting it was established 
in B. c. 357 by the Lex Manila, which enacted 
that a tax of five per cent (vicesima) upon the 
value of even* manumitted slave should be paid 
into this treasury. As this money was to be pre- 
served, and therefore space was some object, it had, 
at least at a later time, either to be paid in gold 
or was kept in the treasury in gold, since Livy 
speaks of aitrum vicesimoriiim (Liv. vii. 16, xxvii. 
10 ; lomp. dead, Alt. ii. 16). A portion of the 
immense wealth obtained by the Romans in their 
conquest* in the Last wan likewise deposited in the 
sacred treasury ; and though we cannot suppose 

the nrchitrave are still extant standing on the 
Clivus Cnpitolinus to the right of a person ns- 
eending tin- hill. It was rebuilt by L. Munntiiis 
1'laniin in the time of Augustus (Suet. Aug. 29; 
Orelli, Inter. No. 590), and again restored by Sep- 
timius Sevcrus. (Becker, Ilnndbuch der RSmu- 
I clicn Alt' rtltiimrr, vol. i. p. 315.) 

c 4 



24 



AERAR1UM. 



AERARIUM. 



that it was spared in the civil wars between 
Marius and Sulla, yet Julius Caesar, when he ap- 
propriated it to his own use on the breaking out of 
the second civil war, B. c. 49, still found in it enor- 
mous sums of money. (Plin. //. N. xxxiii. 3. s. 17 ; 
Dion Cass. xli. 17 ; Oros. vi. 15 ; Lucan, iii. 155.) 

Upon the establishment of the imperial power 
under Augustus, there was an important change 
made in the public income and expenditure. He 
divided the provinces and the administration of the 
government between the senate, as the representa- 
tive of the old Roman people, and the Caesar : all 
the property of the former continued to be called 
aerarium, and that of the latter received the name 
oi fiscus. [Fiscus.] The aerarium consequently 
received all the taxes from the provinces belonging 
to the senate, and likewise most of the taxes which 
had formerly been levied in Italy itself, such as 
the revenues of all public lands still remaining in 
Italy, the tax on manumissions, the custom-duties, 
the water-rates for the use of the water brought 
into the city by the aquaeducts, the sewer-rates, 
&c. 

Besides the aerarium and the fiscus, Augustus 
established a third treasury, to provide for the pay 
and support of the army, and this received the 
name of aerarium militare. It was founded in the 
consulship of M. Aemilius Lepidus and L. Arrun- 
tius, A. D. 6, in consequence of the difficulty which 
was experienced in obtaining sufficient funds from 
the ordinary revenues of the state to give the sol- 
diers their rewards upon dismission from service. 
Augustus paid a very large sum into the treasury 
upon its foundation, and promised to do so every 
year. In the Monumentum Ancyranum, Augustus 
is said to have paid into the treasury in the con- 
sulship of Aemilius and Arrantius 1 70 millions of 
sesterces ; but this sum is probably the entire 
amount which he contributed to it during his whole 
reign. As he reigned eight years and a half after 
the establishment of the treasury, and would pro- 
bably have made the payments half yearly, he 
would in that case have contributed ten millions of 
sesterces every half year. He also imposed several 
new taxes to be paid into this aerarium. (Suet. 
Aug. 49 ; Dion Cass. lv. 23, 24, 25, 32 ; Monu- 
mentum Ancyranum, pp. 32, 65, ed. Franzius and 
Zumptius, Berol. 1845.) Of these the most im- 
portant was the vicesima hercditatum et legatorum, 
a tax of five per cent., which had to be paid by 
every Roman citizen upon any inheritance or legacy 
being left to him, with the exception of such as 
were left to a citizen by his nearest relatives, or such 
as were below a certain amount. (Dion Cass. lv. 
25, Ivi. 28 ; Plin. Pancg. 37—40 ; Capitol. M. 
Anton. 11.) This tax was raised by Caracalla to 
ten per cent, but subsequently reduced by Macri- 
nus to five (Dion Cass, lxxvii. 9, lxxviii. 12), and 
eventually abolished altogether. (Cod. 6. tit. 33. 
s. 3.) There was also paid into the aerarium mili- 
tare a tax of one per cent, upon every thing sold at 
auctions (cenfesima rerum venalium), reduced by 
Tiberius to half per cent, (ducentesima), and after- 
wards abolished by Caligula altogether for Italy 
(Tac. Ann. i. 78, ii. 42 ; Suet. Cal 16) ; and 
likewise a tax upon every slave that was pur- 
chased, at first of two per cent, (quinquegesima), 
and afterwards of four per cent, (quinta et vicesima) 
of its value. (Dion Cass. lv. 31 ; Tac. Ann. xiii. 
31 ; Orelli, Inscr. No. 3336.) Besides these taxes, 
no doubt the booty obtained in war and not dis- 



tributed among the soldiers was also deposited in 
the military treasury. 

The distinction between the aerarium and the 
fiscus continued to exist at least as late as the 
reign of M. Aurelius (to (ia.tnXiK.ov /cal to h-n^6awv y 
Dion Cass. lxxi. 33 ; Vulcat. Gallic. Avid. Cass. 
7) ; but as the emperor gradually concentrated 
the administration of the whole empire into his 
hands, the aerarium likewise became exclusively 
under his control, and this we find to have been 
the case even in the reign of M. Aurelius, when 
the distinction between the aerarium and the fiscus 
was still retained. (Dion Cass. lxxi. 33.) When 
the aerarium ceased to belong to the senate, this 
distinction between the aerarium and fiscus natu- 
rally ceased also, as both of them were now the 
treasury of the Caesar ; and accordingly later 
jurists used the words aerarium and fiscus indis- 
criminately, though properly speaking there was no 
treasury but that of the Caesar. The senate, how- 
ever, still continued to possess the management of 
the municipal chest (area publico) of the city. 
(Vopisc. Aurelian. 20.) 

In the time of the republic, the entire management 
of the revenues of the state belonged to the senate ; 
and under the superintendence and control of the 
senate the quaestors had the charge of the aera- 
rium. [Senatus ; Quaestor.] With the excep- 
tion of the consuls, who had the right of drawing 
from the treasury whatever sums they pleased, the 
quaestors had not the power to make payments to 
any one, even to a dictator, without a special order 
from the senate. (Polyb. vi. 12, 13 ; Liv. xxxviii. 
55; Zonar. vii. 13.) In B. o. 45, when no quaes- 
tors were chosen, two praefects of the city had 
the custody of the aerarium (Dion. Cass, xliii. 48) ; 
but it doubtless passed again into the hands of the 
quaestors, when they were elected again in the 
following year. In their hands it seems to have 
remained till B. c. 28, when Augustus deprived 
them of it and gave it to two praefects, whom he 
allowed the senate to choose from among the prae- 
tors at the end of their year of office ; but as he 
suspected that this gave rise to canvassing, he en- 
acted, in B. c. 23, that two of the praetors in office 
should have the charge of the aerarium by lot. 
(Suet. Octav. 36 ; Dion Cass. liii. 2, 32 ; Tac. 
Ann. xiii. 29.) They were called praetores aerarii 
(Tac. Ann. i. 75 ; Frontin. de Aquae Duct. 100) or 
ad aerarium (Orelli, Inscr. n. 723). This arrange- 
ment continued till the reign of Claudius, who 
restored to the quaestors the care of the aerarium, 
depriving them of certain other offices which they 
had received from Augustus (Tac. Ann. xiii. 29 ; 
Suet. Claud. 24 ; Dion. Cass. lx. 24) ; but as their 
age seemed too young for so grave a trust, Nero 
took it from them and gave it to those who had 
been praetors, and who received the title of prae- 
fecti aerarii. (Tac. Ann. xiii. 28, 29.) During 
the latter part of the reign of Trajan, or the begin- 
ning of that of Vespasian, a fresh change seems to 
have been made, for we read of praetores aerarii 
in the time of the latter (Tac. Hist. iv. 9) ; but in 
the reign of Trajan, if not before, it was again en- 
trusted to praefects, who appear to have held their 
office for two years ; and henceforth no further 
change seems to have been made. (Plin. Paneg. 
91, 92, Ep. x. 20 ; Suet. Claud. 24.) They are 
called in inscriptions praefecti aerarii Saturni, and 
they appear to have had quaestors also to assist 
them in their duties, as we find mention of quaes- 



AES. 



AES. 



25 



tares aerarii Saturni in inscriptions under Hadrian [ 
and Sevcrus. (Gudius,vln^. Inner, p. l"25.n. 6. p. 131. j 
n. 3; Grutcr, p. 1027, n. 4.) These praefects had 
jurisdiction ; and before their court in the temple 
of Saturn, all informations were laid respecting i 
property due to the aerarium and fiscus. (Plin. 
Parity. 36 ; Dig. 49. tit 14. ss. 13, 15.) 

The acruriuin militare was under the care of 
distinct praefects, who were first appointed by lot 
from among those who had filled the office of 
praetor, but were afterwards nominated by the 
emperor. (Dion. Cass. lv. 25 ; comp. Tac. Ann. 
v. 8.) They frequently occur in inscriptions under 
the title of praej'ecti aerarii militaris. (Walter, 
Geschichte des liomisclien Ilechts, pp. 201, &c, 397, 
&c. 2d edition ; Lipsius, ad Tac. Ann. xiii. 29.) 

AES (xoAjcos)- These words signify both 
pure cojrper and a composition of metals, in which 
copper is the predominant ingredient. In the 
latter sense they should not be translated brass, 
but rather bronze. Brass is a combination of copper 
and zinc, while all the specimens of ancient objects 
formed of the compound material called aes, arc 
found upon analysis to contain no zinc ; but, with 
very limited exceptions, to be composed entirely of 
co/r/ier and tin, which mixture is properly called 
bronze. Our chief information about the copper 
and bronze of the ancients is derived from Pliny 
(//. .V. xxxiv.). Copper, being one of the most 
abundant and generally distributed of the metals, 
wa9 naturally used at a very early period by the 
Greeks and Romans. Pliny (//. A', xxxiv. 1) 
mentions three of its ores (lapides aerosi), namely, 
rndmia, cludcitis, and uurichalcum or oric/ia/cum, 
into the exact nature of which this is not the place 
to inquire. 

In the most ancient times we can ascend to, the 
chief supply came from Cyprus, whence the modern 
name ofcopper is said to be derived. (Comp. Horn. 
Odi/s. i. 184, and Nitzsch's Note ; Plin. //. N. viL 
5(i. s. 57) ; but according to an old tradition it 
was first found in Euboea, and the town of C'halcis 
took its name from a copper-mine. (Plin. //. A', 
iv. 12. s. 21.) It was also found in Asia and the 
south of Italy, in Gaul, in the mountains of Spain 
(coinp. Paus. vi. 19. g 2), and in the Alps. The 
art of smelting the ore was perfectly familiar to the 
(in-eks of Homer's time. (Comp. llesiod. Theoy. 
861—866.) 

The abundance of copper sufficiently accounts for 
its general use among the ancients ; money, vases, 

ami utensils of all sort.-*, whether for di -tic or 

sacrificial purposes, ornaments, arms offensive and 
defensive, furniture, tablets for inscriptions, musical 
instruments, and indeed every object to which it 
could be applied, being made of it (Hesiod, Op. 
et hi. 150, 151 ; Lucret v. 1286.) We have a 
remarkable remit of this fact in the use of x^ffvt 
nnil x a *K < «">\ where working in iron is meant 
(Hom. Od. ix. 391 ; Aristot. PoiH. 25.) For all 
these purposes the pure metal would be com- 
paratively useless, smiie alliiy beiny necessary both 
to harden it nnd to make it more fusible. Ac- 
cordingly, the origin of the art of mixing copper 
nnd tin is lost in the mythological period, being 
Mcribed to the Idacan Dactyli The proportions 
in which the component parts were mixed seemed 
to have been much studied, and it is remarkable 
how m arly they agree in all the specimens that 
have been analysed. Some bronze nails from the 
ruins of the Treasury of Atrcus at Mycenae ; 



| some ancient coins of Corinth ; a very ancient 
Greek helmet, on which is a boustrophedon in- 
i scription, now in the British Museum ; portions of 
the breastplates of a piece of armour called the 
i Bronzes of Siris, also preserved in our national col- 
lection ; and an antique sword found in France, 
produced in 100 parts, 

87'43 and 88 copper 
12-53 and 12 tin 

99-96 100 
At a later period than that to which some of the 
above works may be referred, the addition of a 
variety of metals seems to have been made to the 
original combination ofcopper and tin. The writers 
on art make particular mention of certain of these 
bronzes which, notwithstanding the changes they 
underwent by the introduction of novel elements, 
were still described by the words x'^K'k and aes. 
That which appears to have held the first place in 
the estimation of the ancients was the acs Corinthi- 
acum, which some pretended was an alloy made ac- 
cidentally, in the first instance, by the melting and 
running together of various metals ^specially qold 
and bronze), at the burning of Corinth by Lucius 
Mummius, in B. c. 146. (Plin. H.N. xxxiv. 2. s. 3 ; 
Floras, ii. 16.) This account is obviously incor- 
rect, as some of the artists whose productions 
are mentioned as composed of this highly valued 
metal, lived long before the event alluded to. 
Pliny (/. c.) particularises three classes of the Co- 
rinthian bronze. The first, he says, was white 
(rntidiiliim), the greater proportion of silver that 
was employed in its composition giving it a light 
colour. In the second sort or quality, yald was in- 
troduced, in sufficient quantity to impart to the 
mixture a strong yellow or gold tint. The third 
was composed of equal portions of the different 
metals. Some, however, contend that the om 
< orinthiacum was no composition of precious metals 
at all, but merely a very pure and highly refined 
bronze. (Fiorillo, in the Kunstblalt, 1832, No. 
97.) The next bronze of note among the ancient 
Greek sculptors is distinguished by the title of 
hepatizon, which it seems it acquired from its 
colour, which bore some resemblance to that of the 
liver (faap). Pliny says that it was inferior to 
the Corinthian bronze, but was greatly preferred 
to the mixtures of Delos and Aegina, which, for a 
long period, had the highest reputation. The colour 
of the bronze called hrpatizon must have been very 
similar to that of the cim/ue cento bronzes — a dull 
reddish brown. Before the invention of these sorts 
of bronze, the first in order of celebrity was the 
helianim. Its reputation was so great that 
the island of Delos became the mart to which all 
who required works of art in metal crowded, and 
led, in time, to the establishment there of some of 
the greatest artists of antiquity. (Plin. /. c. 2. s. 4.) 
Next to the Delimit or rather in competition 
with it, the am An/inrticum was esteemed. No 
metal was produced naturally in Aegina ; but the 
founders and artists there were most skilful in 
their composition of bronze. The distinguished 
sculptors, Myron and Polveleitus, not only vied 
with one another in producing the finest works of 
art, but also in the choice of the bronze they used. 
Myron preferred the Del inn, while Polveleitus 
adopted the Aeginetnn mixture. (Plin. II. N. 
xxxiv. 2. s. 5.) From a passage in Plutiiicli it 
has been supposed that this far- famed Dcliun 



26 AES EQUESTRE. 

bronze was of a light and somewhat sickly tint, 
(See Quatremere de Quincy, Jupiter Olympien ; 
Plut. De Pyth. Orac. 2.) Plutarch says, that in 
his time its composition was unknown. For fur- 
ther information on the composition of bronze, see 
L. Savot (Num. Ant. p. ii. c. 17), Falbroni (in the 
Atti deW Acad. Ital. vol. i. pp. 203 — 245, and Got- 
ting. Gel. Anzeig. 1811, No. 87), and Winckel- 
mann (Werke, vol. v.). 

No ancient works in brass, properly so called, 
have yet been discovered, though it has been af- 
firmed that zinc was found in an analysis made of 
an antique sword (see Mongez, Mem. de Plnstitut.) ; 
but it appeared in so extremely small a quantity, 
that it hardly deserved notice ; if it was indeed 
present, it may rather be attributed to some acci- 
dent of nature than to design. On the subject of 
metals and metallurgy in general, see Metallum, 
and for the use of bronze in works of art see 
Statuaria. [P. S.] 

AES (money, nummi aenei or aerii). Since 
the most ancient coins in Rome and the old 
Italian states, were made of aes, this name was 
given to money in general, so that Ulpian (Dig. 
SO. tit. 16. s. 159) says, Etiam aureos nummos aes 
dicimus. (Compare Hor. Ars Poet. 345, Ep. i. 7. 
23.) For the same reason we have aes alienum, 
meaning debt, and aera in the plural, pay to the 
soldiers. (Liv. v. 4 ; Plin. H. N. xxxiv. 1.) The 
Romans had no other coinage except bronze or 
copper (aes), till B. c. 269, five years before the 
first Punic war, when silver was first coined ; 
gold was not coined till sixty-two years after silver. 
(Plin. II. N. xxxiii. 1 3.) For this reason Argen- 
tina, in the Italian mythology, was made the son 
of Aesculanus. (Quia prius aerea peeunia in usu 
esse coepit post argentea. August. De Civ. Dei, 
iv. 21.) Respecting the Roman copper money, see 
As, and respecting the Greek copper money see 
Chalcous. [P-S.] 

AES CIRCUMFORA'NEUM, money bor- 
rowed from the Roman bankers (argentarii), who 
had shops in porticoes round the forum. (Cic. Ad 
Attic, ii. 1.) 

AES EQUESTRE, AES HORDEA'RIUM, 
and AES MILITA'RE, were the ancient terms 
for the pay of the Roman soldiers, before the regu- 
lar stipendium was introduced. The aes equestre 
was the sum of money given for the purchase of 
the horse of an eques ; the aes hordearium, the 
sum of money paid yearly for the keep of the 
horse of an eques, in other words the pay of an 
eques ; and the aes militare, the pay of a foot 
soldier. (Gaius, iv. 27.) None of this money seems 
to have been taken from the public treasury, but 
to have been paid by certain private persons, to 
whom this duty was assigned by the state. 

The aes hordearium, which amounted to 2000 
asses, had to be paid by single women (viduae, i. e. 
both maidens and widows) and orphans (orbi), pro- 
vided they possessed a certain amount of property, 
on the principle, as Niebuhr remarks, that in a mili- 
tary state, the women and children ought to con- 
tribute for those who fight in behalf of them and 
the commonwealth ; it being borne in mind, that 
they were not included in the census. (Liv. i. 43 ; 
Cic. de Rep. ii. 20.) The equites had a right to 
distrain (pignoris capio) if the aes hordearium was 
not paid. (Gaius, I. c.) 

The aes equestre, which amounted to 10,000 
asses, was to be given, according to the statement 



AES UXORIUM. 
of Livy (/. c), out of the public treasury (ex publico) • 
but as Gaius says (I.e.), that the equites had a 
right to distrain for this money likewise, it seems 
impossible that this account can be correct ; for we 
can hardly conceive that a private person had a 
right of distress against a magistrate, that is, 
against the state, or that he could distrain any of 
the public property of the state. It is more pro- 
bable that this money was also paid by the single 
women and orphans, and that it was against these 
that the equites had the same right to distrain, 
as they had in the case of the aes hordearium. 

The aes militare, the amount of which is not 
expressly mentioned, had to be paid by the tribuni 
aerarii, and if not paid, the foot soldiers had a 
right of distress against them. (Cato, op. Gell. 
vii. 10 ; Varr. L. L. v. 181, ed. Miiller ; Festus,s. v. 
aerarii tribuni ; Gaius, /. e.) It is generally as- 
sumed from a passage of the Pseudo-Asconius (in 
Verr. p. 1 67, ed. Orelli), that these tribuni aerarii 
were magistrates connected with the treasury, and 
that they were the assistants of the quaestors ; 
but Madvig (De Tribunis Aerariis Disputatio, in 
Opuscula, vol. ii. pp. 258 — 261), has brought for- 
ward good reasons for believing that the tribuni 
aerarii were private persons, who were liable to the 
payment of the aes militare, and upon whose pro- 
perty a distress might be levied, if the money were 
not paid. He supposes that they were persons 
whose property was rated at a certain sum in the 
census, and that they obtained the name of tribuni 
aerarii, either because they received money from the 
treasury for the purpose of paying the soldiers, or 
because, which is the more probable, they levied 
the tributum, which was imposed for the purpose 
of paying the army, and then paid it to the soldiers. 
The state thus avoided the trouble of collecting the 
tributum and of keeping minute accounts, for which 
reason the vectigalia were afterwards farmed, and 
the foot-soldiers were thus paid in a way similar 
to the horse-soldiers. These tribuni aerarii were no 
longer needed when the state took into its own 
hands the payment of the troops [Exercitus], 
but they were revived in B. c. 70, as a distinct 
class in the commonwealth by the Lex Aurelia, 
which gave the judicia to the senators, equites and 
tribuni aerarii. [Tribuni Aerarii.] The opinion 
of Niebuhr (Hist, of Rome, vol. i. p. 474.), that the 
aes militare was paid by the aerarians [Aerarii] 
is, it must be recollected, merely a conjecture, 
which, however ingenious, is supported by no an- 
cient authority. 

It has been well remarked by Niebuhr (Hist, 
of Rome, vol. ii. p. 442), that the 2000 asses, which 
was the yearly pay of a horseman, give 200 asses 
a month, if divided by 10, and that the monthly 
pay of a foot soldier was 100 asses a month. It 
must be recollected that a year of ten, and not of 
twelve months, was used in all calculations of pay- 
ments at Rome in very remote times. 

AES MANUA'RIUM was the money won in 
playing with dice, manibus collectum. Manus was 
the throw in the game. All who threw certain 
numbers, were obliged to put down a piece of 
money ; and whoever threw the Venus (the highest 
throw) won the whole sum, which was called the 
aes manuarium. (Gell. xvii. 13 ; Suet. Aug. 71.) 

AES UXO'RIUM, a tax paid by men who 
reached old age without having married. It was 
first imposed by the censors, M. Furius Camillus 
and M. Postumius, in b. c. 403, but we do not 



AETOLICUM FOEDUS. 



AETOLICUM FOEDUS. 27 



know whether it continued to be levied afterwards. 
(Festus, s. v. ; Val. Max. ii. 9. § 1 ; Plut. Camill. 2.) 
[Lex Julia et Fapia PoppaEa.1 

AESTIMA'TIO LITIS. [Judex.] 

AESYMNE'TES (aiVy^WjT7)5, from al<ra, " a 
just portion," hence " a person who gives every- 
one his just portion "), originally signified merely a 
judge in the heroic games, but afterwards indicated 
an individual who was occasionally invested volun- 
tarily by his fellow-citizens with unlimited power 
in a Greek state. His power, according to Aristotle, 
partook in some degree of the nature both of kingly 
and tyrannical authority ; since he was appointed 
legally and ruled over willing subjects, but at the 
same time was not bound by any laws in his pub- 
lic administration. (Aristot. Polif. iii. 9. § 5, 
iv. 8. § 2 ; Hesych. s. «\) Hence Theophrastns rails 
the office rvpavvU aipfrl), and Dionysius (v. 73) 
compares it with the dictatorship at Rome. It 
was not hereditary ; but it was sometimes held 
for life, and at other times only till some object 
was accomplished, such as the reconciling of the 
various factions in the state, and the like. We 
have only one express instance in which a person 
received the title of Acsyninetes, namely, that of 
Pittacus, in Mytilene, who was appointed to this 
dignity, because the state had been long torn 
asunder by the various factions, and who succeeded 
in restoring peace and order by his wise regulations 
and laws. (Dionys. v. 73; Strab. xiii. p. G17 ; Pint. 
.Won, 4 ; Uiog. Laert i. 75 ; Plehn, f^eshiacu, pp. 
46, 48.) There were, however, no doubt many other 
persons who ruled under this title for a while in 
the various states of Greece, and those legislators 
bore a strong resemblance to the aesymnetes, whom 
the ir fellow-citizens appointed with supreme power 
to enact laws, as Dracon, Solon, Zaleucus and 
Charondas. In some states, such as Cyme and 
Chalcedon, it was the title borne by the regular 
magistrates. (Wachsmuth, Ilellrn. Allertltum. 
vol. i. pp. 423, 441, 2d cd. ; Tittmann, (Jricch. 
Stautfi: p. 76, &c. ; Schbmnnn, Antiq. Jur. Publ. 
Craee, p. 8(! ; Hermann, Staulsalterth. § 63.) 

ALT AS. [Infans ; Impubks..] 

AETO'MCI.'M FOEDUS. (Koivov twv Ai'tw- 
Kav.) The inhabitants of the southern coast of the 
country, afterwards called Aetolia, appear to have 
formed a sort of confederacy as earlv as the time 
of Homer. (//. ii. 638, &c, xiii. 217 &c) In 
the time of Thucydides (iii. Ill), the several 
Aetolian tribes between the rivers Achelous and 
Evenus, appear to have been quite independent of 
one another, although they were designated by the 
common name of Aetolians ; but we nevertheless 
find that, on certain occasions, they acted in concert, 
as for example, when they sent embassies to foreign 
powers, or when they had to ward off the attacks 
of a common enemy. (Time. I.e., iii. .05, &c.) 
It may therefore bo admitted that there did not 
exist any definite league among the tribes of Aeto- 
lia, and that it was only their common danger that 
made them act in concert ; but such a state of 
things, at any rate, facilitated the formation of a 
league, when the time came at which it was needed, 
lint the league appears as a very powerful one very 
soon after the death of Alexander the (ireat, viz. 
during the Lamian war against Antipatcr. (Diod. 
xix. 86, xx. 99.) How far its organisation was 
then regulated is unknown, though a certain con- 
stitution must have existed as early as that time, 
since we find that Aristotle wrote a work on the 



Aetolian constitution. ( Strab. vii. p. 321.) But it 
was certainly wanting in internal solidity, and not 
based upon any firm principles. In B. c. 204, two 
of the heads of the confederacy, Dorimachus and 
Scopas, were commissioned to regulate its constitu- 
tion, and it was perhaps in consequence of their 
regulation, that a general cancelling of debts was 
decreed two years later. (Polyb. xiii. 1, Fragm. 
Hist. 68.) The characteristic difference between 
the Aetolian and Achaean leagues, was that the 
former originally consisted of a confederacy of 
nations or tribes, while the latter was a confederacy 
of towns. Hence the ancient and great towns of 
the Aetolians, throughout the period of the league, 
are of no importance and exercise no influence 
whatever. Even Thcrmon, although it was the 
head of the league, and the place where the ordi- 
nary meetings of the confederates were held (Polyb. 
v. 8, xviii. 31, xxviii. 4 ; Strab. x. p. 463), did not 
serve as a fortress in times of war, and whenever 
the Aetolians were threatened by any danger, they 
preferred withdrawing to their impregnable moun- 
tains. 

The sovereign power of the confederacy was 
vested in the general assemblies of all the confede- 
rates (xoivbv tSn> AiVciAwp, concilium Aelolorum), 
and this assembly unquestionably had the right to 
discuss all questions respecting peace and war, and 
to elect the great civil or military officers of the 
league. It is however clear, that those assemblies 
could not be attended by all the Aetolians, for 
many of them were poor, and lived at a great dis- 
tance, in addition to which the roads were much 
more impassable than in other parts of Greece. 
The constitution of the league was thus in theory 
a democracy, but under the cover of that name it 
was in reality an aristocracy, and the name 1'unac- 
lolicum, which Livy (xxxi. 29) applies to the Aeto- 
ian assembly, must be understood accordingly, as 
an assembly of the wealthiest and most influential 
persons, who occasionally passed the most arbitrary 
resolutions, and screened the maddest and most 
unlawful acts of the leading men under the fine 
name of a decree of all the Aetolians. 

We have already mentioned that the ordinary 
place of meeting was Thermon, but on extraordinary 
occasions assemblies were also held in other towns 
belonging to the league, though they were not 
situated in the country of Aetolia Proper, c. g. at 
Hcraclcia (Liv. xxxiii. 3), Naupactns (xxxv. 12), 
Hvpata (xxxvi. 2, 8), and Lamia (xxxv. 43, 44). 
The questions which were to be brought before the 
assembly were sometimes discussed previously by 
a committee, selected from the great mass, and 
called Apocleti (d7r<jKA7)Toi, Suid. s. r. ; Liv. xxxvi. 
28.) Some writers believe that the Apocleti formed 
a permanent council, and that the thirty men sent 
out to negotiate with Antiochus were only a com- 
mittee of the Apocleti. (Polyb. iv. 9, xx. 10, 
xxi. 3 ; Tittmann, drirrli. Slunhrcrf. p. 727.) 

The general assembly usually met in the autumn, 
when the officers of tin- league were elected. ( Polyb. 
iv. 87.) The highest among them, as among thoso 
of the Achaean league, bore the title of (TTpaTriy6t, 
whose office lasted only for one year. The first 
whose name is known, was Kurydamiis, who C01H* 
mnnded the Aetolians in the war against the (inlu- 
tinns. (Pans. x. 16. jj 2.) The strategus had the 
right to convoke the assembly ; hi 1 presided ill it, 
introduced the subjects for deliberation, and levied 
I the troops. (Liv. xxxviii. 4.) He had bil sharo 



28 AFFINES, AFFINITAS. 

of the booty made in war, but was not allowed to 
vote in decisions upon peace and war. (Liv. xxxv. 
25.) This was a wise precaution, as a sanguine 
strategus might easily have involved the league in 
wars which would have been ruinous to the nation. 
His name was signed to all public documents, 
treaties, and decrees of the general assembly. An 
exception occurs in the peace with the Romans, 
because they themselves dictated it and abandoned 
the usual form. (Polyb. xxii. IS.) Respecting 
the mode of election, we are informed by Hesychius 
(s. v. Kvd.ij.cji trarpitf), that it was decided by white 
and black beans, and not by voting, but by draw- 
ing lots, so that we must suppose the assembly 
nominated a number of candidates, who then had 
to draw lots, and the one who drew a white bean 
was strategus. 

The officers next in rank to the strategus were 
the hipparchus and the public scribe. (Polyb. xxii. 
15 ; comp. Liv. xxxviii. 11.) We further hear of 
avi/e5poi, who act as arbiters (Bockh, Corp. Inscr. 
vol. ii. p. 633), and vofxoypdipoi, who however may 
have had no more to do with the writing down of 
laws, than the Athenian nomothetae. (Bockh, 
I. c. pp. 857, 858.) 

With the exception of the points above men- 
tioned, the constitution of the Aetolian league is 
involved in great obscurity. There are, however, 
two things which appear to have had an injurious 
effect upon the confederacy, first the circumstance 
that its members were scattered over a large tract 
of country, and that besides Aetolia Proper and 
some neighbouring countries, such as Locris and 
Thessaly, it embraced towns in the heart of Pelo- 
ponnesus, the island of Cephalenia in the west, and 
in the east the town of Cius on the Propontis ; in 
the second place, many of the confederates had 
been forced to join the league, and were ready to 
abandon it again as soon as an opportunity offered. 
(Polyb. iv. 25 ; comp. xxii. 13, 15 ; Liv. xxxviii. 
9, 11.) The towns which belonged to the league 
of course enjoyed isopolity ; but as it endeavoured 
to increase its strength in all possible ways, the 
Aetolians also formed connections of friendship and 
alliance with other states, which did not join the 
league. (Polyb. ii. 46.) The political existence 
of the league was destroyed in B.C. 189 by the 
treaty with Rome, and the treachery of the Roman 
party among the Aetolians themselves caused in 
B. c. 167 five hundred and fifty of the leading 
patriots to be put to death, and those who survived 
the massacre, were carried to Rome as prisoners. 
(Liv. xlv. 31 ; Justin, xxxiii. 2 ; comp. Tittmann, 
Darstellung der Griecli. Staatsverf. p. 721, &c. ; 
Lucas, Ueber Polyb. Darstellung des Aetol. JBundes, 
Kb'nigsberg, 1827, 4to. ; K. F. Hermann, Grieeh. 
Staatsalterth. § 183 ; Schorn, Gesckickte Griechenl. 
p. 25,&c. ; Brandstater, Die Geseh. des Aetol. Landes, 
Volhes und Bundes, p. 298, &c.) [L. S.] 

AETO'MA (aeVwjtui). [Fastigium.] 

AFFI'NES, AFFI'NITAS, or ADFI'NES, 
ADFI'NITAS. Affinitas is that relation into 
which one family comes with respect to another by 
a marriage between the members of the respective 
families ; but it is used more particularly to express 
the relation of husband and wife to the cognati of 
wife and husband respectively. The husband and 
wife were also affines with respect to their being 
members of different families ; and the betrothed 
husband and wife (sponsus, sponsa) with reference 
to their intended marriage. Affinitas can only be 



AGELA. 

the result of a lawful marriage. There are no 
degrees of affinitas corresponding to those of cog- 
natio, though there are terms to express the various 
kinds of affinitas. The father of a husband is the 
socer of the husband's wife, and the father of a 
wife is the socer of the wife's husband ; the term 
socrus expresses the same affinity with respect to 
the husband's and wife's mothers. A son's wife 
is nurus or daughter-in-law to the son's parents ; 
a wife's husband is gener or son-in-law to the wife's 
parents. 

Thus the avus, avia — pater, mater — of the 
wife become by the marriage respectively the socer 
magnus, prosocrus, or socrus magna — socer, socrus 
— of the husband, who becomes withrespect to them 
severally progener and gener. In like manner the 
corresponding ancestors of the husband respectively 
assume the same names with respect to the son's 
wife, who becomes with respect to them pronurus 
and nurus. The son and daughter of a husband 
or wife born of a prior marriage, are called privignus 
and privigna, with respect to their step-father or 
step-mother ; and, with respect to such children, 
the step-father and step-mother are severally called 
vitricus and noverca. The husband's brother be- 
comes levir with respect to the wife, and his sister 
becomes Glos (the Greek yd\ais). Marriage was 
unlawful among persons who had become such 
affines as above-mentioned ; and the incapacity 
continued even after the dissolution of the marriage 
in which the affinitas originated. (Gaius, i. 63.) 
A person who had sustained such a capitis diminutio 
as to lose both his freedom and the civitas, lost 
also all his affines. (Dig. 38. tit. 10. s. 4 ; Booking, 
Tnstitutionen, vol. i. p. 267.) [G. L.] 

AGALMA {ayaXfxa). [Statuaria.] 

AGAMIOU GRAPHE (dya/xiov ypcvpii). 
[Matrimonium.] 

AGA'SO, a groom, a slave whose business it 
was to take care of the horses. The word is also 
used for a driver of beasts of burthen, and is some- 
times applied to a slave who had to perform the 
lowest menial duties. (Liv. xliii. 5 ; Plin. H. N. 
xxxv. 11 ; Curt. viii. 6 ; Hor. Sarm. ii. 8. 72 ; Pers. 
v. 76.) 

AGATHOERGI (ayaOoepyoi). In time of war 
the kings of Sparta had a body-guard of 300 knights 
(ittttus), of whom the five eldest retired every year, 
and were employed for one year, under the name 
of agathoergi in missions to foreign states. (Herod, 
i. 67.) It has been maintained by some writers 
that the agathoergi did not attain that rank merely 
by seniority, but were selected from the mireis by 
the ephors without reference to age. (Ruhnken, 
Ad Timaei Leocic. Plat. s.v. ; Hesych. s. v. ; Bekker, 
Anecd. vol. i. p. 209.) 

A'GELA (<ryeA7)), an assembly of young men 
in Crete, who lived together from their eighteenth 
year till the time of their marriage. Up to the 
end of their seventeenth year they remained in 
their father's house ; and from the circumstance of 
their belonging to no agela, they were called 
dwdysXoi. They were then enrolled in agelae, 
which were of an aristocratic nature, and gave great 
power to particular families. An agela always 
consisted of the sons of the most noble citizens, 
who were usually under the jurisdiction of the 
father of the youth who had been the means of col- 
lecting the agela. It was the duty of this person, 
called ayeXdrris, to superintend the military and 
gymnastic exercises of the youths (who were called 



ACER 



AGER. 



29 



aye\d<TToi), to accompany them to the chase, and 
to punish them when disobedient. He was ac- 
countable, however, to the state, which supported 
the agela at the public expense. All the members 
of an agela were obliged to many at the same 
time. When they ceased to belong to an agela, 
they partook of the public meals for men (avSpua) 
[Syssitia]. These institutions were afterwards 
preserved in only a few states of Crete, such for 
instance as Lyctus. (Ephorus, ap. Strait, x. p. 480, 
&c. ; Heracl. Pont. c. 3. ; Hock, Crela, iii. p. 1 110, 
&c. ; Miillcr, Dor. iv. 5. § 3 ; Hermann, Orieeh. 
Staatsalterthumer, § 22 ; Vv'acbsmuth, Hellen. 
Atterthumskunde, vol. i. p. 362, 2d ed. ; Krause, Die 
(Jymnastik u. Agonistilc d. Ilellenen, p. 690, &c.) 
At Sparta the youths left their parents' houses at 
seven years of age and entered the Povat. 

AGE'MA (&yif*a from &yu), the name of a 
chosen body of troops in the Macedonian army, 
consisting of horse-soldiers and foot-soldiers, but 
usually of the former. It seems to have varied in 
number ; sometimes it consisted of 150 men, at 
other times of 300, and in later times it contained 
as many as 1000 or 2000 men. (Diod. xix. 27, 
28: Liv. xxxvii. 40 ; xliii. 51. 58 ; Curt. iv. 13 ; 
Polvb. v. 25, 65, xxxi. 8 ; Hesych. and Suid. s. v.; 
Eustath. ad (Ml. i. p. 1399, 62.) 

AGER is the general term for a district or tract 
of country, which has some definite limits, and be- 
longs to gome political society. Ager Romanus is 
the old territory of the Romans. Agri, in the 
plural, often means lands in the country as opposed to 
town : " est in agris,"means " he is in the country : " 
u mittere in agros," a phrase that occurs in speak- 
ing of the agrarian laws, means to assign portions of 
the Ager Publicus to individuals. (Liv. vi. 17, 
x.21.) 

Terra is an indefinite term : it is a whole coun- 
try without reference to political limits, as Terra 
Italia. 

Ager Publicus was the property of the Roman 
state, part of the Publicum. Ager Privatus was 
the property of individuals. Some remarks on the 
general division of land into Publicus and Privatus, 
and on the nature of land that was Sacer and Reli- 
giosus, arc contained in the article on the Agrarian 
l.-.iv. .. Ager Occupatorius is land occupied by a 
victorious people when the conquered people had 
been driven out (Hri Agrarine Auciorcs, p. 45, 
ed. Goes.) : the posscssiones [Agkahiak Lkkks] 
were included in the Ager Occupatorius. Such 
land as was restored to those who had lost it by 
conquest, was called Redditus. The Ager Occu- 
patorius was also called Ager Arcifinius or Arcifinalis, 
so denominated "ah arcendis hostihus " (p. 38. ed. 
(iors.). But the terms Ager Arcifinius and Occu- 
patorius do not appear to be exactly equivalent, 
though some of the writers on the Res Agraria 
make- them so. Ager Arcifinius appears to express 
the whole of a territory, which had only some 
natural or nrbitniry boundnry, and was not defined 
by measurement (i/ui nulla mrnsura ronlinetur ; 
Krontinus.) Such were the scattered portions of 
the Unman Ager Publicus. The Ager Occu|Mitorius 
might signify so much of tin- public land included 
in the Arcifinius as was held by possesion (occu- 
pntus), or, n.i Nicbnhr explains it, the term Occu- 
patorius was confined to the public land, strictly so 
■lied, and designated the tenure under which it 
Was held. 

Krontinus divides lands into three heads (yi/a/i- 



lates) : Ager Divisus et Assignatus ; Ager mensura 
comprehensus ; Ager Arcifinius. He defines the 
Arcifinius, as above stated. The Ager mensura 
comprehensus appears to signify a tract, of which 
the limits were defined by measurement, which 
was given in the mass to some community (eujtis 
modus unirersus civita/i est assignatus), of which 
he mentions two examples. 

Ager Divisus et Assignatus was public land 
that was assigned or granted to private persons. 
The verb divido, or some form of it, is us»d by Livy 
(iv. 51, v. 30) to express the distributi of the 
land. The word assigno indicates the fixing of 
the signa or boundaries. Ager Quaestorius was 
public land, which was sold by the quaestors (pp. 
2, 14, ed. Goes.), in square patches, each side of 
which was the length of ten linear actus : the square 
consequently contained 100 quadrati actus or fifty 
jugera. 

Ager Limitatus was public land marked out by 
limites for the purpose of assignment to coloni or 
others. The limites were drawn with reference 
to the heavens (p. 150, ed. Goes.) ; and this mode 
of dividing the land was founded on the old Etruscan 
doctrine, for the Etruscans divided the earth into 
parts, following the course of the sun by drawing 
a line from east to west, and another from south to 
north. This was the foundation of the limites of a 
templum, a term which means the celestial vault, 
and also so much of the earth's surface as the augur 
could comprehend in his view. This was the 
foundation of the Roman Limitatio of land. A 
line (limes) was drawn through a given point from 
east to west, which was called the Decumanus, 
originally Duociiiianus* (according to Hyginus), be- 
came it divides the earth into two parts : another 
line was drawn from south to north, which was called 
Cardo, "amundi cardine." The length of these 
two chief limites would be determined by the limits 
of the land which was to be divided. The points 
from which the two chief limites were drawn varied 
according to circumstances. Those which were pa- 
rallel to the Decumanus were Prorsi, direct ; those 
which were parallel to the Cardo were Transversi, 
transverse. The limes was therefore a term applied 
to a boundary belonging to a tract of land, and the 
centuriae included in it, and is different from finis, 
which is the limit of any particular property. The 
Decumani, Cardines, and other limites of a district 
form an unchangeable kind of network in the midst 
of the changeable properties which have their several 
fines (Rudorff ). The distance at which the limites 
were to be drawn, would depend on the magnitude 
of the squares or centuriae, as they were called, into 
which it was proposed to divide the tract. The 
whole tract might not be square : sometimes the 
Decumani Limites would be only half ashing as the 
Cardines (p. 154. ed. Goes.). Every sixth limes, 
reckoning from the Decumanus and including it, 
was wider than the intermediate limites, and these 
wider limites served as roads, but they were not 
included under the term of Viae Puhlicae, though a 
limes nnd a via publica might sometimes coincide. 
( I lyginus, ed. I iocs. p. 1 63.) The narrower limites 
were called Linearii in the provinces, but in Italy 



• Duocimaniis, according to Hyginus, wna 
changed into Dcriinnnui ; u Decumanus," says 
Nieliuhr, M prolmbly from making the figure of n 
cross, which resembles the numeral X, like decus- 
satus." Neither explanation is satisfactory. 



30 



AGER. 



AGER. 



they were called Subruncivi. The limites parallel 
to the cardo were drawn in the same way. 

The Roman measure of length used for land 
was the actus of 120 feet : the square actus was 
14,400 square feet ; and a juger or jugerum was 
two actus quadrati. The word centuria properly 
means a hundred of any thing. The reason of 
the term centuria being applied to these divi- 
sions may be, that the plebeian centuries contained 
100 actus, which is SO jugera, the amount con- 
tained in the portions put up to sale by the quaes- 
tors : but Siculus Flaccus (p. 1 5, ed. Goes.) gives 
a different account. The centuria sometimes con- 
tained 200 jugera, and in later periods 240 and 
400. This division into centuriae only compre- 
hended the cultivable land. When a colony was 
founded or a tract of land was divided, that part 
which did not consist of arable land was the com- 
mon property of the colony or settlement ; and was 
used as pasture. Such tracts appear to be the 
Compascuus Ager of the Lex Thoria (c. 4, &c). 
The land that was thus limited, would often have 
an irregular boundary, and thus many centuries 
would be incomplete. Such pieces were called 
Subseciva, and were sometimes granted to the 
colony or community, and sometimes reserved to the 
state. That such portions existed in some quantity 
in Italy is shown by the fact of Vespasian and Titus 
making sales of them, and Domitian is said to 
have restored them to the possessors. 

A plan of each tract of limited land was engraved 
on metal (aes), and deposited in the tabularium. 
This plan (forma) showed all the limites or cen- 
turiae, and was a permanent record of the original 
limitation. Descriptions also accompanied the plan, 
which mentioned the portions that belonged to dif- 
ferent individuals, and other particulars. (Siculus 
Flaccus, De Divis. et Assig. ed. Goes., p. 16 ; and 
the passages collected by Brissonius, Select, ex Jur. 
Civil, iii. c. 5.) Some of these records, which be- 
long to an early period of Roman history, are men- 
tioned by Siculus Flaccus, as existing when he 
wrote (p. 24. ed. Goes.). These registered plans 
were the best evidence of the original division 
of the lands, and if disputes could not be settled 
otherwise, it was necessary to refer to them. 

As to the marks by which boundaries were dis- 
tinguished, they were different in the case of Ager 
Arcifinius and Ager Limitatus. In the case of 
Ager Arcifinius, the boundaries were either natural 
or artificial, as mountain ridges, roads, water sheds, 
rocks, hills, ramparts of earth, walls of rubble, and 
so forth : rivers, brooks, ditches and water conduits 
were also used as boundaries. Marks were also 
made on rocks, and trees were planted for this 
purpose, or were left standing (arbores intactae, 
antemissae). Trees were often marked : those 
which were the common property of two land- 
owners were marked on both sides ; and those 
which belonged to a single proprietor were marked 
on the side which was turned from the proprietor's 
land (arbores insignes, signatae,notatae). By cutting 
off a piece of the bark, a scar would be formed 
which would answer as a signum. In angles, such 
as a trifinium or quadrifinium, more special boundary 
marks were used, for instance, at a trifinium three 
trees would be planted. Taps, or pieces of wood, 
lead and iron, were also inserted in trees to point 
to some piece of water as the nearest boundary. 

The Ager Limitatus was marked in a different 
way by boundary stones and posts, not by natural 



barriers. The boundaries of the territory were 
marked by termini, which received their names 
under the empire from the emperor who gave the 
commission for partitioning the land. Accordingly, 
we find the expressions Lapides Augustales, Tibe- 
riani, and so forth, mentioned as the termini fixed 
by these emperors for the boundaries of the colonies 
which they founded. The Termini Territoriales 
marked the limits of the district, the Pleurici 
ran parallel to the Decumani and Cardines, the 
Actuarii Centuriales were at the angles of the 
centuriae, the Epipedonici in the centre of the 
centuriae, the Proportionales at the beginning and 
end of the jugera. The boundaries of a property 
were also marked by termini ; and the owner of 
a property might place termini within it to mark 
the pieces into which he divided it for his chil- 
dren. 

The termini were either posts of wood or stones. 
In the colonies of Augustus, the boundaries of the 
centuriae were marked by stones ; those of the 
several allotments by oak posts (termini robusti, 
pali roborei.) Sometimes pali actuarii are men- 
tioned, from which it appears that the boundaries of 
the centuriae were sometimes determined by wooden 
posts. The stones used in a particular limitatio 
were of the same kind and colour in order to make 
them more useud as boundary stones. The stones 
were either polished (politi, dolati) or rough hewn 
(taxati a ferro), or in their entire rough state. The 
size varied from half a foot to two and a half feet, 
and the larger might sometimes be mistaken by 
ignorant people for mile stones. The form of the 
stones also varied, as we see from the representations 
contained of them in the MSS. of the Agrimensores. 
The number of angles varied in those which were 
angular : some were cylindrical, some pointed, others 
of a pyramidal form. The head stones at the be- 
ginning and end of a boundary were more con- 
spicuous than those which lay between them. In- 
scriptions and marks were also put on the termini. 
The termini on the boundaries of the limited land 
have often considerable inscriptions ; the centurial 
and pleurite termini give the number of the century 
and the name of the limes. Various kinds of 
marks were also devised to facilitate the ascertain- 
ing of boundaries without the trouble of referring 
to the plan. 

These precautions were not all. A stone might be 
removed and a boundary might thus become un • 
certain. It was accordingly the practice to bury 
something under the stone that was not perishable, 
as bones, embers and ashes from the offering made 
at the time when the stone was set up. Small 
coins were also put under it, and fragments of glass, 
pottery, and the like, which would serve to deter- 
mine the place of the stone. The same practice is 
enjoined by the laws of Manu (viii. 249,250,251), 
a fact noticed by Dureau de la Malle. On the intro- 
duction of Christianity, the practice of making such 
offerings was discontinued, and this kind of evidence 
was lost. Under the old religion it was also the 
practice to traverse the boundaries at the terminalia, 
in the month of February. In the case of the 
territorial boundaries, this was done by the whole 
community ; and pursuant to this old custom, the 
boundaries of the original territory of Rome, six 
miles from the city, were traversed at the terminalia. 
Private persons also examined their boundaries at 
the terminalia, and the usual offerings were made. 
The parish perambulations and other perambula- 



AGGER. 



AGOXALIA. 



31 



tions of modern time3 bear some resemblance to this 
Roman usage. 

It has been observed that finis, a term which 
expresses the boundary of separate properties, must 
not be confounded with limes ; nor must fundus be 
confounded with locus. A fundus has determinate 
boundaries ( fines) : a locus is indeterminate, and 
may be part of a fundus or comprise more than a 
fundus. A dispute about a fundus is a question of 
property ; a dispute about a locus or finis is a dis- 
pute about boundaries. 

Niebuhr conjectures "that a fundus assigned by 
the state was considered as one entire farm, as a 
whole, the limits of which could not be changed." 
But he adds, "This did not preclude the division 
of estates, nor even the sale of duodecimal parts of 
them ; " and further, "The sale or transfer of them, 
when the whole was not alienated, was in parts 
according to the duodecimal scale." But to this it 
is replied by Dureau de la Malle, that when there 
were five, seven or nine heredcs, there must be a 
fractional division. A fundus generally had a par- 
ticular name which was not changed, and it is 
stated that both in Italy and France many of these 
properties still have Roman names. But the fact 
of a fundus generally having a name, and the fact 
of the name being often preservcdLdoes not prove 
that all fundi retained their original limits accord- 
ing to Roman usage ; nor does the fact, that there 
were sometimes two, sometimes three owners of one 
fundus (Dig. 10. tit. 1. s. 4.), prove that a fundus 
never had iu limits changed, while it disproves 
Nicbuhr's assertion as to duodecimal parts, unless 
the halves and thirds were made up of duodecimal 
parts, which cannot be proved. It seems probable 
enough, that an original fundus would often retain 
its limits unchanged for centuries. But it is certain 
that the bounds (fines) of private properties often 
changed. Rudorff remarks : " The boundary of a 
property is changeable. It may by purchase, ex- 
change, and other alienation, be pushed further, 
and be carried back." The localities of the great 
Cardines, Dccumani, and other Limitcs, as the same 
writer has been already quoted to show, are un- 
changeable. 

The difficulty of handling thi3 subject is very 
great, owing to the corrupted text of the writers on 
the Res Agraria. The latest edition of these 
writers is by Goesius, Amsterdam, 1 674. A new 
and corrected edition of these writers with a suit- 
able commentary would be a valuable contribution 
to our knowledge of the Roman land system. (Rei 
Agrariae Auctorei, cd. Goes. ; Rudorff, Zeitschrift 
fur Gaehicht. Rechtrw. Ucbcr die Granzschcidungs- 
klnge, vol. x. ; Niebuhr, vol. ii. appendix 1 ; Dureau 
dc la Malic, Economic I'iAUu/w: tics Romains, vol. ii. 
p. 166, &c.) [G. L | 

AOER SANCTUS (W/m"oi). For an account 
of the; lands in Circcce devoted to the service of 
religion, see TXMBNOS: for an account of those 
in Rome, sec SacKROOS. 

AdKTO'RIA (aynropia.) [Carneia.] 
AGGF.R (x^o), from oil and gem, wn.i used | 
in general for a heap or mound of any kind which 
might be made of stones, wood, earth or any other ' 
substance. It was more particularly applied to a 
mound, usually composed of enrth, which was raised 
round a besieged town, and which was gradually 
increased in breadth and height, till it equalled or 
overtop|M>d the walls. Hence we find the expres- 
sion uygerc oppidunx oppugnarc, aggerc nppidum 



cingere ; and the making of the agger is expressed 
by the verbs exstrucre, const mere, jacere, faeere, &c. 
Some of these aggeres were gigantic works, flanked 
with towers to defend the workmen and soldiers, 
and surmounted by parapets, behind which the 
soldiers could discharge missiles upon the besieged 
towns. At the siege of Avaricum, Caesar raised in 
twenty-five days an agger 330 feet broad, and 80 
feet high. (B. G. vii. 24.) As the agger was 
sometimes made of wood, hurdles, and similar 
materials, we sometimes read of its being set on 
fire. (Liv. xxxvL 23 ; Caes. B. G. vii. 24, B. C. ii. 
14, 15.) The word agger was also applied to the 
earthen wall surrounding a Roman encampment, 
composed of the earth dug from the ditch ( fossa), 
which was usually nine feet broad and seven feet 
deep ; but if any attack was apprehended, the 
depth was increased to twelve feet, and the breadth 
to thirteen feet. Sharp stakes, &c, were usually 
fixed upon the agger, which was then called vallum. 
When both words are used (as in Caesar, B. G. vii. 
72, agger ac vallum), the agger means the mound 
of earth ; and the vallum the sharp stakes (valli), 
which were fixed upon the agger. 

At Rome, the formidable rampart erected by 
Servius Tullius to protect the western side of Rome 
was called agger. It extended from the further 
extremity of the Quirinal to that of the Esquiline. 
It was fifty feet broad, having a wall on the top, 
defended by towers, and beneath it was a ditch a 
hundred feet wide and thirty feet deep. (Cie. de 
l Hep. ii. 6 ; Dionys. ix. (58.) Pliny (//. A r . iii. 5. 

s. !)) attributes the erection of this rampart to Tar- 
' quinius Superbus, but this is in opposition to all 
the other ancient writers who speak of the matter. 
AGITATO'RES. [Circus.] 
AGMEN. [Exercitus.] 
AGXA'TI. [Coonati.] 
AGNO'MEN. [Nomen.] 
_ AGONA'LIA, or AGO'NIA (Ov. Fast. r. 
721), one of the most ancient festivals at Rome, 
celebrated several times in the year. Its institu- 
tion, like that of other religious ritos and cere- 
monies, was attributed to Numa Pompilius. (Ma- 
crob. Saturn, i. 4.) We learn from the ancient 
calendars that it was celebrated on the three fol- 
lowing days, the 9th of January, the 21st of May, 
and the 1 1th of December («. d. V. Id. Jan.; X II. 
Kal. Jun.; III. Id. Dec.) ; to which we should 
probably add the 17th of March (a. d. XVI. Kal. 
Apr.), the day on which the Libcralia was cele- 
brated, since this festival is also called Agonia or 
Agonium Martial*. (Varr. L. L. vi. 14, cd. Miil- 
lcr ; Macrob. l.r. • Kalevdarium Vntirauum.) The 
object of this festival was a disputed point among 
the ancients themselves ; but as Hartung has ob- 
served (Uie Religion dcr Rimer, vol. ii. p. 33), when 
it is recollected that the victim which was offen d 
was a nun, that the person who offered it was the 
rex sacrificulns, and that the place where it was 
offered was the regia (Var. /,. /.. vi. 12; Ov. /•'</.</. 
i. 333 ; Fi st. .«. r. Agonium), we shall not have 
much difficulty in understanding the significance 
of this festival. The ram was the usual victim 
presented to the guardian gods of the suite, mid 
the rex sncrificulus and the regia could lie em- 
ployed only for such ceremonies na were connected 
with the highest god.i and nffected the weal of tin- 
whole state. Regarding the sacrifice in this light, 
wc «eo n reason for its being offered several timci 
iu the year. 



32 



AGORA. 



AGORA. 



The etymology of the name was also a subject 
of much dispute among the ancients ; and the va- 
rious etymologies that were proposed are given at 
length by Ovid. (Fast. i. 319—332.) None of 
these, however, are at all satisfactory ; and we 
would therefore suggest another. It is well known 
that the Quirinal hill was originally called Agonus, 
and the Colline gate Agonensis. (Fest. s. vv. Ago- 
nium, Quirinalis; comp. Dionys. ii. 37.) What is 
then more likely than that this sacrifice should 
have been originally offered on this hill, and should 
thence have received the name of Agonalia ? It 
is expressly stated that the sacrifice was offered in 
the regia, or the domus regis, which in the historical 
times was situated at the top of the sacra via, near 
the arch of Titus (Becker, Handbuch d. Rom. Al- 
terfh. vol. i. pp. 237, 238) ; but in the earliest times 
the regia is stated by an ancient writer to have 
been upon the Quirinal (Solin. i. 21), and this 
statement seems to render our supposition almost 
certain. (Classical Museum, vol. iv. pp. 154 — 
157.) 

The Circus Agonensis, as it is called, is sup- 
posed by many modem writers to have occupied 
the place of the present Piazza Navona, and to 
have been "built by the emperor Alexander Severus 
on the spot where the victims were sacrificed at 
the Agonalia. Becker (Ibid. pp. 668 — 670) has 
however brought forward good reasons for question- 
ing whether this was a circus at all, and has shown 
that there is no authority whatever for giving it 
the name of circus Agonensis. 

AGO'NES (iywves), the general term among 
the Greeks for the contests at their great national 
games. [Certamina.] The word was also used 
to signify law-suits, and was especially employed 
in the phrase aywvts ri^roi and aTtfi^Tot. [Ti- 

MEMA.] 

AGONO'THETAE (ayuvoQeTai), were per- 
sons, in the Grecian games, who decided disputes 
and adjudged the prizes to the victors. Originally, 
the person who instituted the contest and offered 
the prize was the agonoilietes, and this continued 
to be the practice in those games which were in- 
stituted by kings or private persons. But in the 
great public games, such as the Isthmian, Pythian, 
&c, the agonothetae were either the representatives 
of different states, as the Amphictyons at the 
Pythian games, or were chosen from the people in 
whose country the games were celebrated. During 
the flourishing times of the Grecian republics, the 
Eleians were the agonothetae in the Olympic games, 
the Corinthians in the Isthmian games, the Am- 
phictyons in the Pythian games, and the Corin- 
thians, Argives, and inhabitants of Cleonae in the 
Nemaean games. The ayavoBerai were also called 
aio-vfj.vriTa.1, ayavdpxai, ayaivoS'iKai, aBKodirai, 
pa§8ovxoi or pa§Sov6p.ot (from the staff they 
carried as an emblem of authority), fipaSus, 

fipagGVTCCL. 

AGORA (ayopd), properly means an assembly 
of any nature, and is usually employed by Homer 
for the general assembly of the people. The agora 
seems to have been considered an essential part in 
the constitution of the early Grecian states, since 
the barbarity and uncivilised condition of the Cy- 
clops is characterised by their wanting such an 
assembly. (Horn. Od. ix. 1 12.) The agora, though 
usually convoked by the king, appears to have been 
also summoned at times by some distinguished 
chieftain, as for example, by Achilles before Troy. 



(Horn. 17. i. 54.) The king occupied the most 
important seat in these assemblies, and near him 
sat the nobles, while the people sat in a circle 
around them. The power and rights of the people 
in these assemblies have been the subject of much 
dispute. Platner, Tittman, and more recently 
Nitzsch in his commentary on the Odyssey, main- 
tain that the people was allowed to speak and vote ; 
while Miiller (Dor. iii. 1. § 3), who is followed 
by Grote (Hist, of Greece, vol. ii. p. 91), maintains 
that the nobles were the only persons who proposed 
measures, deliberated, and voted, and that the 
people was only present to hear the debate, and to 
express its feeling as a body ; which expressions 
might then be noticed by a prince of a mild dis- 
position. The latter view of the question is con- 
firmed by the fact, that in no passage in the 
Odyssey is any of the people represented as taking 
part in the discussion ; while, in the Iliad, Ulysses 
inflicts personal chastisement upon Thersites, for 
presuming to attack the nobles in the agora. (II. 
ii. 211 — 277.) The people appear to have been 
only called together to hear what had been already 
agreed upon in the council of the nobles, which 
is called /3ouA^ (E. ii. 53, vi. 114, yepovres 
0ov\evTai), and S)6o>kos (Od. ii. 26), and some- 
times even ayopd (Od. ix. ] 12 ; ayopal /SouAtj- 
<p6poi). Justice was administered in the agora by 
the king or chiefs (Hes. Theog. 85 ; Horn. II. 
xviii. 497, &c. Od. xii. 439), but the people had no 
share in its administration, and the agora served 
merely the purpose of publicity. The common 
phrases used in reference to the agora are els ayoprjv 
KaXieiv ■ dyop-i)v iroieio-Bai, TiBiffdai ; ds tt)v ayo- 
prjc el<ri4vcu, ayeipeoSai, &c. (Wachsmuth, Hellen. 
Alterthumsk. vol. i. p. 346, 2d ed. ; Hermann, 
Lehrbuch. d. Griech. Staatsalt. § 55 ; Grote, Hist, 
of Greece, vol. ii. pp. 91 — 101.) 

Among the Athenians, the proper name for the 
assembly of the people was e/c/cArjtri'o, and among 
the Dorians a\ia. The term agora was confined 
at Athens . to the assemblies of the phylae and 
demi. (Aesch. c. Ctes. § 27. p. 50. 37 ; Schomann, 
De Comitiis Athen. p. 27, Antiq. Jur. Pool. Graec. 
pp. 203, 205 ; Bbckh, Corp. Inscrip. vol. i. p. 125.) 
In Crete the original name ayopd continued to be 
applied to the popular assemblies till a late period. 
(Bekker, Anecdot. vol. i. p. 210.) 

A'GORA (ayopd), was the place of public as- 
sembly in a Greek city, both for traffic, and for 
the transaction of all public business. It answers 
to the Roman forum ; and, in fact, it is impossible 
to keep these two subjects entirely separate. 

In the earliest times, the Agora was merely an 
open piece of ground, which was generally in front 
1 of the royal palace, and, in sea-port towns, close to 
the harbour. The Agora of Troy was in the cita- 
del. Here, the chiefs met in council, and sat in 
judgment, and the people assembled to witness 
athletic games. It was evidently also the place of 
traffic and of general intercourse : in one passage 
of Homer, we have a lively picture of the idlers 
who frequented it. It was enclosed with large 
stones sunk into the earth, and seats of marble 
were placed in it for the chiefs to sit in judgment, 
and it was hallowed by the shrine of one or more 
divinities. In the Agora which Homer particularly 
describes, — that of the Phaeacians, — there was 
a temple of Poseidon. (Horn. II. ii. 788, vii. 345, 
346, xviii. 497—506, Od. vi. 263—285, viii. 16, 
109, xvi. 361.) 



AGORA. 

Out of this simple arrangement arose the mag- 
nificent ayopai of later times, which consisted of 
an open space, enclosed by porticoes or colonnades, 
divided into separate parts for the various occupa- 
tions which were pursued in it, adomed with 
statues, altars, and temples, and built about 
with edifices for the transaction of public and 
private business, and for the administration of 
justice. 

Our information respecting these edifices is 
rather scanty. The chief authorities are Pausanias 
and Vitruvius. The existing ruins are in such a 
state as to give us a very little help. 

We have, first of all, in this, as in other de- 
partments of architecture, to distinguish the an- 
cient style from that introduced by the Greeks of 
Ionia after the Persian war, and more especially 
by Hippodamus of Miletus [see Diet, of Biog. s.r.j, 
whose connection with the building of ayopai of a 
new form is marked by the name 'ImroSd/ifia, 
which was applied to the Agora in the Peiraeus. 
(Harpocr. s.v. 'liriroSdfitia.) The general character 
of the Greek iyopd is thus described by Vitruvius 
(v. 1): — "The Greeks arrange their fora in a 
square form, with very wide double colonnades, 
and adom them with columns set near one another 
and with stone or marble entablatures, and they 
make walks in the upper stories." 

Among the ayopai descrihed by Pausanias, that 
of the Kleians is mentioned by him (vi 24) as 
being " not on the same plan as those of the Io- 
nian* and the Greek cities adjoining Ionia, but it 
is built in the more ancient fashion, with porticoes 
separated from one another, and streets between 
them. Hut the name of the Agora in our days is 
Jfifi/xxlromoi, and the people of the country ex- 
ercise their horses there. Hut of the porticoes, 
the one towards the south is of the Dorian style of 
work, and the pillars divide it into three parts (in 



AGORA. 



33 



this the Hellanodicae generally pass the day) : but 
against these (pillars) they place altars to Zeus . . . 
To one going along this portico, into the Agora, 
there lies on the left, along the further side of 
this portico, the dwelling of the Hellanodicae 
(6 'EAAovoSiicewv) : and there is a street which 
divides it from the Agora . . . And near the por- 
tico where the Hellanodicae pass the day, is 
another portico, there being one street between 
them : this the Eleians call the Corcyraean por- 
tico " (because it was built from the tithe of spoil 
taken from the Corcyraeans in war). " But the 
style of the portico is Dorian and double, having 
columns on the one side towards the Agora, and 
on the other side towards the parts beyond the 
Agora : and along the middle of it is a wall, 
which thus supports the roof: and images are 
placed on both sides against the wall." He then 
proceeds to mention the ornaments of the Agora, 
namely, the statue of the philosopher Pyrrhon ; 
the temple and statue of Apollo Acesius ; the 
statues of the Sun and Moon ; the temple of the 
Graces, with their wooden statues, of which the 
dress was gilt, and the hands and feet were of 
white marble ; the temple of Seilenus, dedicated 
to him alone, and not in common with Dionysus ; 
and a monumental shrine, of peculiar form, with- 
out walls, but with oak pillars supporting the roof, 
which was reported to be the monument of Oxylus. 
The Agora also contained the dwelling of the six- 
teen females, who wove in it the sacred robe for 
Hera. It is worthy of remark that several of 
these details confirm the high antiquity which 
Pausanias assigns to this Agora. 

II irt has drawn out the following plan from the 
description of Pausanias. {Geschichte der liuu- 
kunst Ijei den Allen, Taf. xxi. fig. 5.) We give it, 
not as feeling satisfied of its complete accuracy, but 
as a useful commentary on Pausanias. 





• • 
» • 




• • 
« • 




• • 

• • 




• • 

• • 


B 


• • 

• • 

• • 


m 


• • 

• • 

• • 




• • 

• • 

• • 




• • 

• • 

• t 


b 


• • 

• • 

•• 


6 


• • 

a 

• • 

• ■ 




• • 

a 
■ • 

• • 


ft 


• # 

• • 

• t 



Of D 
I 




(iHOl'Nb PLAN OF THE OLD AliOKA AT ELLS. 



A, the chief open space of the agora, called, in 
the time of Pausanias, hippodromus : «, colonnades 
■muted by streets, h : u, the .Stna in which the 
Hellanodicae sat, divided from the Agora by n 
street <> : c, the house of the Hellanodicae: x, the 
Tholus: d, the Corcyraean Stna, composed of two 
parts, r. looking into the Agora, and d looking away 
from it : c, y, h, small temples : /, statues of the 
Sun and Moon : i, monument of Oxylus : X', house 
of the sixteen women. 

In this Agorn the Stna, n, answers to the Inter 
Bfflffiga, and the house c, to the pvyUuuimn in other 



Greek ayopai. With respect to the other parts, it 
is pretty evident that the chief open ■MM. A, which 
Pausanias calls to vnaiOpov T7)i Ayopai, was de- 
voted to public assemblies and exercise, and the 
o-roai («), with their intervening streets (4), to 
private business and traffic. 1 1 i rt traces a n ■sem- 
blance of form between the Kleinn nanra and the 
Korum of Trnjan. It is evident that the words of 
Vitruvius, aWc quoted, refer to the more modem, 
or Ionian form of the Agora, as represented in the 
following plan, which is also taken from J I irt 
(detchklite der Haukunst, xxi. fig. 1) ■ — 
D 



34 



AGORA. 



IMlJJ 




PLAN OP A GREEK AGORA, ACCORDING TO 
VITRUVIUS. 

A, the open court, surrounded by double colon- 
nades and shops : b, the Curia: c, the chief temple. 



AGORA. 

also used as a treasury : d, the Basilica, or court of 
justice : E, the Tholus, in connection with the other 
rooms of the Prytaneium, c, d. 

The cut below, which is also from Hirt, re- 
presents a section of the Agora made along the 
dotted line on the plan. 

We gain further information respecting the build- 
ings connected with the Agora, and the works of 
art with which it was adorned, chiefly from the 
statements of Pausanias respecting those of par- 
ticular cities, such as Athens (i. 5. § 2), Thebes 
(ix. 17. § 1), Sicyon (ii. 7. § 7, 9. § 6), Argos (ii. 
21), Sparta (iii. 11), Tegea (viii. 47. § 3), Mega- 
lopolis (viii. 30. § 2), to which passages the reader 
is referred for the details. The buildings men- 
tioned in connection with the Agora are : — 1. 
Temples of the gods and shrines of heroes [Tem- 
plum], besides altars and statues of divinities. 
The epithet ayopciios is often applied to a divinity 
who was thus worshipped in the Agora (Paus. 
II. cc. ; Aesch. Eumen. 976 ; Soph. Oed. Tyr. 
161, where mention is made of the circular throne 
of Artemis in the Agora), and Aeschylus ex- 
pressly refers to the Seol ayopas eirnr/ctSiroi (Sept. 
c. Tkcb. 271, 272). 2. The Senate-house (/SouAeu- 
Trjpioc), and other places for the meetings of the 
governing bodies, according to the constitution of the 





niiiinnnnifinHnHnHiniifim 



section of the same. 



particular state : in the Agora at Sparta, for ex- 
ample, there were the senate-house of the Gerontes 
and the places of meeting of the Ephori, the No- 
mophylaces, and the Bidiaei. 3. The residence of 
the magistrates for the time being [Prytaneium]. 
4. Courts of justice [Basilica]. 5. The public 
treasury [Thesaurus]. 6. The prison [Carcer]. 
7- The police station, if such a term may be ap- 
plied to an ancient Agora. At Athens, for example, 
the station of the thousand Scythian bowmen, who 
formed the police force of the state, was in the 
middle of the Agora : this does not, however, seem 
to have been a permanent building, but only a 
number of tents. 8. Buildings used for the re- 
gulation of the standards of measure, and so forth ; 
such as the building vulgarly called the Temple of 
the Winds at Athens [Horologium], and the 
Milliarium Aureum at Rome, which seems to have 
been imitated from a similar standard at Athens 
[Milliarium]. To these various buildings must 
be added the works of art, with which the open 
area and the porticoes of the Agora were adorned ; 
which were chiefly in celebration of gods and 
heroes who figured in the mythology, of men who 
had deserved well of the state, of victories and 
other memorable events, besides those which ob- 
tained a place there purely by their merits as 
master-pieces of art. As a specimen we may 
take the Agora at Athens, a portico of which, 
thence called the aroa iroiKiAri, was adorned with 
the paintings of Polygnotus, Micon, and others, 



and in which also stood the statues of the ten 
heroes (apxvytTai), a & er whom the Phylae of 
Cleisthenes were named, of Solon, of Harmodius, 
and Aristogeiton, of the orator Lycurgus, and of 
very many others. It was customary also to build 
new porticoes out of the spoils taken in great wars, 
as examples of which we have the Corcyraean por- 
tico at Elis, mentioned above, and the Persian por- 
tico at Sparta. 

The open area of the Agora was originally the 
place of public assembly for all purposes, and of 
general resort. Its use for political purposes is de- 
scribed in the preceding article. Here also were 
celebrated the public festivals. At Sparta, the 
part of the Agora in which stood the statues of 
Apollo, Artemis, and Leto, was called x^P 0S i De ~ 
cause the choruses of the Ephebi performed their 
dances there at the festival of the Gymnopaedia. 
(Paus. iii. 9.) Lastly, it was the place of social 
and fashionable resort. At Athens, fashionable 
loungers were called ayiXixara ayopas. 

Originally the Agora was also the market, and 
was surrounded with shops, as shown in the above 
plan. As commerce increased, it was found con- 
venient to separate the traffic from the other kinds 
of business carried on in the Agora, and to assign 
to each its distinct place, though this was by no 
means universally the case. The market, whether 
identical with, or separate from the Agora for po- 
litical and other assemblies, was divided into parts 
for the different sorts of merchandise, each of 



AGORA. 



AGORA. 



35 



course furnished with colonnades, which the climate 
rendered necessary, and partly with shops and 
stalls, partly with temporary booths of wicker- 
work {pKTivai, Harpocr. s. v. o-ktjWttjs ; Demosth. 
de Cor. p. 284). Each of these parts was called a 
kuk\os. It is generally stated that this term was 
applied only to that division of the market where 
meat, fish, and such things were sold ; but Becker 
has shown that it was used also for other parts of 
the market (Charikles, vol. i. pp. 268, 269). The 
several divisions of the market were named ac- 
cording to the articles exposed for sale in them. 
(Poll. ix. 47, x. 19.) Of these divisions, the fol- 
lowing were the most important 

The part in which fish and other delicacies for 
the table were exposed to sale was called ix^s, 
u^iov, or Ix^iiroiKis ayopa, and was the chief 
centre of business. It was open only for a limited 
time, the signal for commencing business being 
given by the sound of a bell, which was obeyed 
with an eagerness that is more than once plea- 
santly referred to by the ancient writers. (Plu- 
tarch, Sympas. iv. 4,2 ; Strab. xiv. p. 6.58.) The 
coarseness and impositions of the fishsellers, and 
the attempts of purchasers to beat them down, are 
frequently alluded to by the comic poets. (Amphis, 
up.Ath. vi. p. 224, c. ; Alexis, ibid. ; Xcnarch. ibid. 
p. 225, c.j Alexis, ibid. p. 226, a, b.j comp. Plat. 
lsg. xi. p. 9 1 7.) It is not quite clear whether meat, 
poultry, and so forth, were sold in the same place 
as the fish, or had a separate division of the market 
assigned to them. Bread was partly sold in the 
assigned place in the market, which was per- 
haps the same as the meal-market (tA iA<pera), 
and partly carried round for sale : the sellers 
were generally women, and were proverbially 
abusive. (Aristoph. Ran. 857, Vesp. 1389.) In 
another part of the market, called nvfflwai, were 
the women who sold garlands of myrtle and 
flowers for festivals and parties. (Plut. Aral. 6 ; 
Aristoph. Thexm. 448, 457.) Near these, pro- 
liably, were the sellers of ribands and fillets for 
the head. (Demosth. in Eubul. p. 1308.) The 
wholesale traffic in wine, as distinct from the 
business of the <cc£irT)Aot [Caupo], was carried on 
in the market, the wine being brought in from 
the country in carts, from which it was transferred 
to amphorae : the process is represented in two 
pictures at Pompeii. (Alexis, ap. Alh. x. p. 431, e.; 

Ilorlxm. vol. iv. Kelaz. d. Sea v. A., and vol. v. 
p.48.) [AmfHORA.] The market for pottery was 
callrd x^po' ; and must not be confounded with 
the place where cooks sat and offered themselves 
fur hire, with their cooking utensils: this latter 
place mi called payiiptla. (Poll. ix. 48; Alexis, 
ap. Alh. iv. p. 1 64, f.) In short, every kind of ne- 
cessary or luxury was exposed for sale in its as- 
signed place. Thus, we find, besides those already 
mentioned, the market for onions (to Kp6pva), for 
garlirk (tA OK&pooa), for nuts (tA K&pva), fir 
apples (tA /if)Aa), for fresh cheese (A x A< "P 05 TupiJi), 
for oil (roCAaiov), for perfumes and unguents (tA 
>»"»'« ). for frankincense (& hiGavtirrit), for spices 
(tA apwfiara), for couches (oi KAivai), for new and 
old clothes (ayopa ipaniSiruAii, or irimpiiTruiAu, 
Poll. vii. 78), for books (fliffAioWjKTj), and for 
slaves (tA ivRpdtroia, Poll. x. 19). Lastly, a part 
of the market was devoted to the money-changers 
(Tpairjflrai). f A RGBNTA Hit. ] Mention is some- 
times made of the women's market, yvvaintia 
ayopa\ a term which hag given rise to much doubt. 



(Theophr. Char. 2 ; PolL x. 18.) The common 
explanation is, that it was the part of the market 
to which women resorted to purchase what they 
wanted for household uses. But it appears clearly 
that purchases were seldom made in the market 
by women, and never by free women. The only 
plausible explanation is, either that a distinct part 
of the market was assigned to those commodities, 
the sellers of which were women, such as the 
apTOTTwKtSe s, \eKi0OTrw\iS(S, iVxoSojrwAiSej, 0"Te- 
<pavoirw\i5es, and others, or else that the term 
was applied to that part of the market where 
articles for the use of women were sold. But the 
matter is altogether doubtful. The above list of 
commodities, sold in the respective divisions of the 
market, might be still further extended. Indeed, 
with reference to the Athenian market, to which 
the description chiefly applies, there can be no 
doubt that every article of home produce or of 
foreign commerce from the known world was there 
exposed for sale. (See Thuc. ii. 18 ; Xen. Oecon. 
Ath. ii. 7 ; Isocr. Puney. 64 ; Ath. xiv. p. 640, 
b, c) 

It is not to be supposed, however, that the sale 
of these various articles was confined to the market. 
Frequent mention is made of shops in other parts 
of the city (e. g. Thuc. viii. 95), and some articles, 
such as salt fish, seem to have been sold outside 
the gates. (Aristoph. Equit. 1246.) 

The time during which the market was fre- 
quented was the forenoon ; but it is difficult to de- 
termine precisely how much of the forenoon is 
denoted by the common phrases Tr\T)6ouo*o a-yopo, 
■ntp\ ir\r\@ovaav ayopav, irXriBup-q iyopas. (Herod. 

ii. 173, vii 223.) Suidas (s. v.) explains lrKriBovcra 
ayopa as fipo tj/i'ttj, but elsewhere (s.r. Trepi 7rAf)0. 
07.) he says that it was either the fourth, or fifth, 
or sixth hour. We might infer that the whole 
period thus designated was from nine to twelve 
o'clock (equinoctial time) j but Herodotus, in two 
passages (iii. 104, iv. 181) makes a distinction be- 
tween ■nKr\9ouaa ayopa and Ii«rr)n6pia. (Comp. 
Lilian. Ep. 1084.) The time of the conclusion of 
the market was called a.yopa.% SiaAmm (Herod, iii. 
104, comp. Xenoph. Oecon. 12, 1 ; and for a fur- 
ther discussion respecting the time of the full mar- 
ket, see Dukcr, ad Thuc. viii. 92 ; Wcsseling, ad 
iJind. Sic. xiii. 48; Perizon. ad Aclian. V. II. xii. 
30 ; Gcsncr and Reiz, ad Lucian. 1'hilops. 1 1, vol. 

iii. p. 38 ; Bahr, ad Herod, ii. 1 73.) During these 
hours the market was a place not only of traffic 
but of general resort. Thus Socrates habitually 
frequented it as one of the places where he had the 
opportunity of conversing with the greatest number 
of persons. (Xen. Mem. i. 1. 4j 10 ; Plat. A/mi. p. 
17.) It was also frequented in other parts of the 
day, especially in the evening, when many persons 
might be seen walking about or resting upon seats 
placed under the colonnades. (Demosth. in Con. 
p. 1258; Pseudo-Pint. fit. X. Or. p. 849, d. ; 
Lucian. Jnp. Trail. 10, vol. ii. p. 660.) Kvcii the 
shops themselves, not only those of the barbers, the 
perfumers, and the doctors, but even those of the 
leather-sellers nnd the harness-makers, were com- 
mon places of resort for conversation ; and it was 
even esteemed discreditable to avoid them alto- 
gether. (Aristoph. J'lut. 337, Ar. 1439 ; Xen. 
Mew. iv. 2. 8 1 ; Lvsias, in PaacL pp. 730, 732, 
de /neal. p. 754 ; Denumth. in Arislmj. p. 786.) 

The persons who carried on traffic in the market 
were the country people (ayopaioi), who brought 

u 2 



36 



AGORA. 



AGRAPHIOU GRAPHE. 



in their commodities into the city, and the retail 
dealers (kottijAoi) who exposed the goods pur- 
chased of the former, or of producers of any kind 
(auT07r£)Aai), or of foreign merchants (t/xiropoi), for 
sale in the markets. (Plat, de Re-pub. ii. p. 371 ; 
Xen. Mem. iii. 7. § 6 ; Plut. Arat. 8 ; Caupo.) 
A certain degree of disgrace was attached to the 
occupation of a retail dealer, though at Athens 
there were positive enactments to the contrary. 
(Andoc. de Myst. p. 68 ; Aristot. de Repub. i. 10, 
iii. 5 ; Plat. Leg. xi. pp. 918, 919 ; Diog. Laert. i. 
104, ix. 66 ; Aristoph. Eg. 181 ; Demosth. c. Eubid. 
30, p. 1303.) There is an interesting but very 
difficult question as to the effect which the occu- 
pation of selling in the market had upon the social 
position of women who engaged in it. (Demosth. 
in Neaer. p. 1367 ; Lys. in Tkeomn. p. 361 ; Plut. 
Sol. 23 ; Harpocr. and Suid. s.v. TluAwffi • Becker, 
ChariMes, vol. i. pp. 260—266.) The wholesale 
dealers also sold their goods by means of a sample 
(Seiyfia), either in the market, or in the place 
called Seiyfta, attached to the port. (Harpocr. 
s. v. Se7y/xa ; Poll. ix. 34 ; Plut. Demosth. 23 ; 
Plat. Leg. vii. p. 788 ; Diphil. ap. Atli. xi. p. 499, e. ; 
Bockh, Econ. of Ath. p. 58, 2d ed.) The retail 
dealers either exposed their goods for sale in their 
shops, or hawked them about. (Aristoph. Acharn. 
33 ; Plut. Apopkth. Lacon. 62, p. 236.) The pri- 
vilege of freely selling in the market belonged to 
the citizens : foreigners had to pay a toll. (De- 
mosth. in Eubul. p. 1308 ; Bockh, Econ. of Ath. 
p. 313.) 

Most citizens either made their own purchases 
in the market (Aeschin. c. Timarch. p. 87 ; 
Aristoph. Lysistr. 555 — 559), or employed a slave, 
who was called, from his office, ayopacrr^s (Xen. 
Mem. i. 5. § 2 ; comp. Ath. iv. p. 171 ; Poll. iii. 
126 ; Terent. Andr. ii. 2. 31.) Sometimes female 
slaves performed this office (Lysias, de Caed. 
Eratosth. p. 1 8, comp. p. 11), but such an appear- 
ance in public was not permitted to any free wo- 
man, except a courtezan (Machon, ap. Ath. xiii. 
p. 580.) The philosopher Lyncens, of Samos, 
wrote a book for the guidance of purchasers in the 
market. (Ath. vi. p. 228.) It was esteemed dis- 
reputable for people to carry home their purchases 
from the markets, and there were therefore porters 
in attendance for that purpose, who were called 
irpovveiKoi, iraiSapioives, and iraiSwves. (Theo- 
phrast. Char. xvii. — xxii. ; Hesych. s. v. irpoSvencoi.) 
The preservation of order in the market was the 
office of the Agoranomi. 

Both the architectural details of the Agora and 
the uses of its several parts might be further illus- 
trated by the remains of the ayopd or ayopa'i (for 
it is even doubtful whether there were two or only 
one) at Athens ; but this would lead us too far into 
topographical details. This part of the subject is 
fully discussed in the following works : Leake, 
Topography of Atliens ; Krause, Hellas, vol. ii. ; 
Miiller, in Ersch and Gruber's Encyclop'ddie, art. 
Attica; Hirt, Lehre d. Gebaude, ch. v. supp, 1 ; 
Wachsmuth, Hellen. Alterthumsk. vol. i. supp. 6, b, 
2d ed. 

For the whole subject the chief modern au- 
thorities are the following : — Hirt, Lehre d. Ge- 
baude d. Grieclien und Romern, ch. v. ; Stieglitz, 
Archdol. d. Baukunst ; Wachsmuth, Hellenisclie 
Alterthumskunde ; Bockh, Public Oeconomy of 
Athens ; and especially Becker, Charikles, 4th 
scene, vol. i. pp. 236 — 296, in the original. [P.S.] 



AGORA'NOMI (ayopav6p.oi) were public 
functionaries in most of the Grecian states, whose 
duties corresponded in many respects to those of 
the Roman aediles ; whence Greek writers on 
Roman affairs call the aediles by this name. Under 
the Roman empire, the agoranomi were called 
Xoyia-Tat (Schol. ad Aristoph. Acharn. 688): they 
enjoyed in later times great honour and respect, 
and their office seems to have been regarded as 
one of the most honourable in the Greek states. 
AVe frequently read in inscriptions of their being 
rewarded with crowns, of which many instances 
are given by Miiller. (Aeginetica, p. 138 ) They 
were called by the Romans curatores reipublicae. 
(Cod. 1. tit. 54. s. 3.) 

Agoranomi existed both at Sparta and Athens. 
Our knowledge of the Spartan agoranomi is very 
limited, and derived almost entirely from inscrip- 
tions. They stepped into the place of the ancient 
Empelori (i/j-Trekoipoi) in the time of the Romans. 
They formed a collegium (<rucapx ia ) with one at 
their head, called irpioSvs (Bockh, Corp. Inscr. 
vol. i. p. 6 1 ; and Sauppe in Rheinisches Museum, 
vol. iv. p. 159, New Series.) The Athenian ago- 
ranomi were regular magistrates during the flourish- 
ing times of the republic. They were ten in 
number, five for the city and five for the Peiraeeus, 
and were chosen by lot, one from each tribe. 
(Dem. c. Timocr. p. 735 ; Aristoph. Acharn. 689.) 
The reading in Harpocration (s. v. ayopav6fj.ot), 
which mentions twenty agoranomi, fifteen for the 
city, and five for the Peiraeeus, is false. (Bockh, 
Corp. Inscr. vol. i. p. 337.) 

The principal duty of the agoranomi was, as 
their name imports, to inspect the market, and to 
see that all the laws respecting its regulation were 
properly observed. They had the inspection of all 
things which were sold in the market, with the 
exception of corn, which was subject to the juris- 
diction of the crirotyvhaKes. [Sitophylaces.] 
The agoranomi had in fact chiefly to attend to 
retail-trade (KaTV7]\eia) : wholesale-trade was not 
much carried on in the market-place, and was 
under the jurisdiction of the eVi^eArjTal to0 'E/j.- 
irop'wv. They regulated the price and quantity of 
all things which were brought into the market, 
and punished all persons convicted of cheating, 
especially by false weights and measures. They 
had in general the power of punishing all infraction 
of the laws and regulations relating to the market, 
by inflicting a fine upon the citizens, and personal 
chastisement upon foreigners and slaves, for which 
purpose they usually carried a whip. They had 
the care of all the temples and fountains in the 
market-place, and received the tax {^vikov re\os) 
which foreigners and aliens were obliged to pay for 
the privilege of exposing their goods for sale in the 
market. (Schol. ad Aristoph. Acharn. 689 ; Plat. 
Leg.vi. p. 763, viii. p. 849, xi. pp. 91 7, 918 ; Liban. 
Declam. 46 ; ayopas reAos, Aristoph. Acharn. 
861, and Schol.; Phot. s.v. koto t^v ayopav.) 
The public prostitutes were also subject to their 
regulations, as was the case at Corinth (Justin, xxi. 
5.), and they fixed the price which each prostitute 
was to take. ( Suid. and Zonar. s. v. Siaypafi/ia.) 
The duties of the agoranomi resembled those of the 
astynomi. [Astynomi.] (Meier, Att. Process, 
pp. 89 — 92; Bockh, Publ. Econ. of Athens, pp. 48, 
333, 2nd ed.) 

AGRA'PHIOU GRAPHE' (aypa<plov ypa<p-li). 
The names of all persons at Athens who owed any 



AGRARIAE LEGES. 



AGRARIAE LEGES. 37 



sum of money to the state [oi tQ Srj/iotrltii <5<pei'- 
Aovres) were registered by the practores (irpa/c- 
ropes), upon tablets kept for that purpose in the 
temple of Athcna,on the Acropolis (Dem. c.Aristog. 
i. p. 791 ; Harpocr. and Suidas, s. v. VevStyypcupv) ; 
and hence the expression of being registered on the 
Acropolis (tyytypannivos Iv 'Aicpoird'Aci) always 
means being indebted to the state. (Dem. c. 
Theocr. p. 1 337. ) Whoever paid his fine after regis- 
tration was erased, either wholly or in part, ac- 
cording to the amount paid ; but if a person's name 
was improperly erased, he was subject to the action 
for non-registration (aypcupiov ypaxpy), which was 
under the jurisdiction of the thesmothetae. If an 
individual was not registered, he could only be 
proceeded against by cv5ti|is, and was not liable 
to the aypcupiov ypcupri. (Dem. in T/teocr. p. 133!!.) 
Hesychius, whose account has been followed by 
Hemsterhuis and Wesseling, appears to have been 
mistaken in saying that the aypcupiov ypatpi) could 
be instituted against debtors, who had not been 
registered. (Meier, Att. Process, pp. 353, 354 ; 
Bbckh, PM. Earn, of Athens, pp. 388, 389, 2nd cd.) 

AORAPIIOU METAL LOU GRAPH E' 
(aypcupov /ifroAAou ypacpii) was an action brought 
before the thesmothetae at Athens, against an in- 
dividual, who worked a mine without having pre- 
viously registered it. The state required that all 
mines should be registered, because the twenty- 
fourth part of their produce was payable to the 
public treasury. (Bockh, PM. Earn, of Athens, 
p. 664, 2nd ed. ; Meier, Att. Process, p. 354.) 

AGRA'RIAE LEGES. " It is not exactly 
true that the agrarian law of Cassius was the 
earliest that was so called: every law by which the 
commonwealth disposed of its public land, bore 
that name ; as, for instance, that by which the 
domain of the kings was parcelled out among the 
commonalty, and those by which colonics were 
planted. Even in the narrower sense of a law 
whereby the state exercised its ownership in re- 
moving the old possessors from a part of its 
domain, and making over its right of property 
therein, such a law existed among those of Sen ilis 
Tullius." (Niebuhr, Rom. Hist. vol. ii. p. 129. 
tran.il.) 

The complete history of the enactments tailed 
agrarian laws, cither in the larger and more cor- 
rect sense, or in the narrower sense of the term, 
as explained in this extract, would be out of place 
here. The particular objects of each agrarian law 
must be ascertained from its provisions. Rut all 
these numerous enactments had reference to the 
public land ; and many of them were passed for 
the purpose of settling Roman colonies in con- 
quered districts, and assigning to the soldiers, who 
formed a large part of such colonists, their shares 
in such lands. The true meaning of all or any of 
these enactments can only be understood when we 
have formed a correct notion of property in Innd, 
as recognised by Roman law. It is not necessary, 
in ordff to obtain this correct notion, to nscend to 
the origin of the Roman state, though if a com- 
plete history of Rome could be written, our con- 
ception of the real character of property in land, 
as recognised by Roman law, would be more cn- 
Inrgfd nnd more precise. But the system of 
Roman law, as it existed under the emperors, 
contained both the terms and the notions which 
belonged to those early '*, "f whic h they are 
the most faithful historical monuments. In an 



inquiry of the present kind, we may begin at any 
point in the historical series which is definite, and 
we may ascend from known and intelligible no- 
tions which belong to a later age, towards their 
historical origin, though we may never be able to 
reach it. 

Gaius (ii. 2, &c.), who probably wrote under 
the Antonines, made two chief divisions of Roman 
land ; that which was dirini juris, and that which 
was humani juris. Land which was divini juris 
was cither sacer or religiosus. (Compare Frontinus, 
De He Agraria, xiii. or p. 42. ed. Goes.) Land 
which was sacer was consecrated to the Dii Su- 
peri ; land which was religiosus belonged to the 
Dii Manes. Land was made sacer by a lex or 
senatus consultum ; and, as the context shows, 
such land was land which had belonged to the 
state (popu/us Romanus). An individual could 
make a portion of his own land religiosus by the 
interment in it of one of his family : but it was the 
better opinion that land in the provinces could not 
thus be made religiosus ; and the reason given is 
this, that the ownership or property in provincial 
lands is either in the state {pop. Rom.) or in the 
Caesar, and that individuals have only the posses- 
sion and enjoyment of it (possessio ct usus fruc- 
tus). Provincial lands were cither stipendiaria or 
tributaria /the stipendiaria were in those provinces 
which were considered to belong to the Roman 
state ; the tributaria were in those provinces which 
were considered as the property of the Caesar. 
Land which was humani juris, was divided into 
public and private : public land belonged to the 
state ; private land, to individuals. 

It would seem to follow from the legal form ob- 
served in making land sacer, that it the reby ceased 
to be publicus ; for if it still continued publicus, it 
had not changed its essential quality. Niebuhr 
{Appendix I. vol. ii.) has stated that " all Roman 
land was either the property of the state (common 
land, domain), or private property, — aut puhlicus 
out privatus ;" and he adds that "the landed 
property of the state was either consecrated to the 
gods (sacer), or allotted to men to reap its fruits 
( profunus, humani juris)." Niebuhr then refers to 
the view of Gaius, who makes the division into 
ilirini juris and humani juris, the primary divi- 
sion ; but he relics on the authority of Frontinus, 
supported by Livy (viii. 14), as evidence of the 
correctness of his own division.* 

Though the origin of that kind of property 



* It is obvious, on comparing two passages in 
Frontinus (De Re Agraria xi. xiii.), that Niebuhr 
has mistaken the meaning of the writer, who 
clearly intends it to be inferred that the sacred 
land was not public land. Besides, if the meaning 
of Frontinus was what Niebuhr has supposed it to 
be, his authority is not equal to that of Gaius on n 
matter which specially belongs to the province of 
the jurist, nnd is foreign to that of the agrimensor. 
The passage of Livy does not prove Niebuhr's 
assertion. Livy merely states that the temple nnd 
grove of Sospita Juno should lie common to the 
Lnnnvini municipes and the Roman people ; and 
in what other terms could he express the fact 
that the temple should be used by both people ? 
That does not prove that a temple was considered 
the same kind of public property as n tract of 
iinconsecrated Innd was. The form of dedition in 
Livy (i. 38) mav easilv be explained. 

D S 



33 



AGRARIAE LEGES. 



AGRARIAE LEGES. 



called public land must be referred to the earliest 
ages of the Roman state, it appears from Gaius that 
under the emperors there was still land within the 
limits of the empire, the ownership of which was 
not in the individuals who possessed and enjoyed it, 
but in the populus Romanus, or the Caesar. This 
possession and enjoyment are distinguished by him 
from ownership (dominium). The term possessio 
frequently occurs in those jurists from whom the 
Digest was compiled ; but in these writers, as they 
are known to us, it applies only to private land, 
and the Ager Publicus is hardly, if at all, ever 
noticed by them. Now this term Possessio, as used 
in the Digest, means the possession of private land 
by one who has no kind of right to it ; and this 
possessio was protected by the praetor's interdict, 
even when it was without bona fides or justa 
causa : but the term Possessio in the Roman 
historians, Livy for instance, signifies the occupa- 
tion (occupatio) and enjoyment of public land ; and 
the true notion of this, the original Possessio, con- 
tains the whole solution of the question of the 
Agrarian Laws. For this solution we are mainly 
indebted to Niebuhr and Savigny. 

This latter kind of Possessio, that which has 
private land for its object, is demonstrated by 
Savigny (the term here used can hardly be said 
to be too strong) to have arisen from the first 
kind of possessio : and thus it might readily be 
supposed that the Roman doctrine of possessio, as 
applied to the occupation of private land, would 
throw some light on the nature of that original 
possessio out of which it grew. In the imperial 
period, public land had almost ceased to exist in 
the Italian peninsula, but the subject of possession 
in private lands had become a well understood 
branch of Roman law. The remarks in the three 
following parajrrapTis are from Savigny's valuable 
work, Das Rccht desBesitzes (Sth ed. p. 172) : — 

1. There were two kinds of land in the Roman 
state, ager publicus and ager privatus : in the 
latter alone private property existed. But con- 
formably to the old constitution, the greater part 
of the ager publicus was occupied and enjoyed by 
private persons, and apparently by the patricians 
only, or at least by them chiefly till the enact- 
ment of the Licinian Rogations ; yet the state 
could lesume the land at pleasure. Now we find 
no mention of any legal form for the protection of 
the occupier, or Possessor as he was called, of such 
public land against any other individual, though 
it cannot be doubted that such a form actually 
existed. But if we assume that the interdict 
which protected the possession of an individual in 
private land, was the form which protected the 
possessor of the public land, two problems are 
solved at the same time, — ■ an historical origin is 
discovered for possession in private land, and a 
legal form for the protection of possession in public 
land. 

An hypothesis, which so clearly connects into 
one consistent whole, facts otherwise incapable of 
such connection, must be considered rather as 
evolving a latent fact, by placing other known 
facts in their true relative position, than as in- 
volving an independent assumption. But there 
is historical evidence in support of the hypo- 
thesis. 

2. The words possessio, possessor, and possidere 
are the technical terms used by writers of very 
different ages, to express the occupation and the 



enjoyment of the public lands ; that is, the notion 
of occupying and enjoying public land was in the 
early ages of the republic distinguished from the 
right of property in it. Nothing was so natural as 
to apply this notion, when once fixed, to the pos- 
session of private land as distinct from the owner- 
ship ; and accordingly the same technical terms 
were applied to the possession of private land. 
Various applications of the word possessio, with 
reference to private land, appear in the Roman 
law, in the bonorum possessio of the praetorian 
heres and others. But all the uses of the word 
possessio, as applied to ager privatus, . however 
they may differ in other respects, agreed in this : — ■ 
they denoted an actual possession and enjoyment 
of a thing, without the strict Roman (Quiritarian) 
ownership. 

3. The word possessio, which originally signified 
the right of the possessor, was in time used to 
signify the object of the right. Thus ager 
signified a piece of land, viewed as an object of 
Quiritarian ownership ; possessio, a piece of land, 
in which a man had only a bonitarian or beneficial 
interest, as, for instance, Italic land not transferred 
by mancipatio, or land which from its nature could 
not be the subject of Quiritarian ownership, as 
provincial lands and the old ager publicus. Pos- 
sessio accordingly implies usus ; ager implies pro- 
prietas or ownership. This explanation of the 
terms ager and possessio is from a jurist of the 
imperial times, quoted by Savigny (Javolenus, 
Dig. SO. tit. 16. s. 115) ; but its value for the 
purpose of the present inquiry is not on that ac- 
count the less. The ager publicus, and all the old 
notions attached to it, as already observed, hardly 
occur in the extant Roman jurists ; but the name 
possessio, as applied to private land, and the legal 
notions attached to it, are of frequent occurrence. 
The form of the interdict, — uti possidetis, — as it 
appears in the Digest, is this : — Uti eas aerfes...pos- 
sidetis...vim fieri veto. But the original form of 
the interdict was : Uti nunc possidetis eum fundum, 
&c. (Festus in Possessio) ; the word fundus, for 
which aedes was afterwards substituted, appears to 
indicate an original connection between the inter- 
dict and the ager publicus. 

We know nothing of the origin of the Roman 
public land, except that it was acquired by con- 
quest, and when so acquired it belonged to the 
state, that is, to the populus, as the name publicus 
(populicus) imports ; and the original populus was 
the patricians only. "We may suppose that in the 
early periods of the Roman state, the conquered 
lands being the property of the populus, might be 
enjoyed by the members of that body, in any way 
that the body might determine. But it is not quite 
clear how these conquered lands were originally oc- 
cupied. The following passage from Appian (Civil 
Wars, i. 7) appears to give a probable account of 
the matter, and one which is not inconsistent with 
such facts as are otherwise known : — " The Ro- 
mans," he says, " when they conquered any part 
of Italy, seized a portion of the lands, and either 
built cities in them, or sent Roman colonists to 
settle in the cities which already existed. Such 
cities they designed to be garrison places. As to 
the land thus acquired from time to time, they 
either divided the cultivated part among the 
colonists, or sold it, or let it to farm. As to the 
land which had fallen out of cultivation in conse- 
quence of war, and which, indeed, was the larger 



AGRAIIIAE LEGES. 



AGRARIAE LEGES. 39 



part, having no time to allot it, they Rave public 
notice that any one who chose might in the mean- 
time cultivate this land, on payment of part of the 
yearly produce, namely, a tenth of the produce of 
arable land, and a fifth of the produce of olive- 
yards and vineyards. A rate was also fixed to be 
paid by those who pastured cattle (on this undi- 
vided land) both for the larger and smaller ani- 
mals. And this they did with a view to increase 
the numbers of the Italian people, whom they con- 
sidered to be most enduring of labour, in order 
that they might have domestic allies. But it 
turned out just the contrary of their expectations. 
For the rich occupied the greater part of this un- 
divided land, and at length, feeling confident that 
they should never be deprived of it, and getting 
hold of such portions as bordered on their lands, 
and also of the smaller portions in the possession 
of the poor, some by purchase and others by force, 
they became the cultivators of extensive districts 
instead of farms. And in order that their culti- 
vators and shepherds might be free from military 
servicc, they employed slave9 instead of freemen ; 
and they derived great profit from their rapid in- 
crease, which was favoured by the immunity of 
the slaves from military service. In this way the 
great became very rich, and slaves were numerous 
all through the country. But this system reduced 
the number of the Italians, who were ground down 
by poverty, taxes, and military service ; and when- 
ever they had a respite from these evils, they had 
nothing to do, the land being occupied by the 
rich, who also employed slaves instead of free- 
men." This passage, though it appears to contain 
much historical truth, does not distinctly explain 
the original mode of occupation ; for we can 
scarcely suppose that there were not some rules 
prescribed as to the occupation of this undivided 
land. Livy also gives no clear account of the 
mode in which these possessions were acquired ; 
though he states in some passages that the con- 
quered lands were occupied by the nobles, and 
occupation (occupatio) in its proper sense signifies 
the taking possession of vacant land. As the 
number of these nobles was not very great, we 
may easily conceive that in the earlier periods of the 
republic, they might regulate ainonjf themselves 
the mode of occupation. The complaint against 
the nobles (patres) shortly before the enactment of 
the Liciniau Rogations was, that they were not 
content with keeping the land which they ille- 
gally possessed (possesso per injuriam agro), but 
that they refused to distribute among the plebs the 
vacant land (vacuum agnim) which had then re- 
cently been taken from the enemy. (Liv. iv. 51, 
vi. 6. 37 ; Occcpatio). It probably sometimes 
happened that public land was occupied, or snuuttrd 
nn (to use a North American phrase), by any ad- 
venturers." 



• It is stated in the American Almanac for 
1B3D, that though the new territory of Iowa con- 
tains above 20,000 inhabitants, ** none of the land 
has been purchased, the people being all what are 
termed squatters." The land alluded to is all 
public land. The squatter often makes consider- 
able improvements on the land which he has oc- 
cupied, and even sells his interest in it, before any 
purchase is made of the land. The privilege of 
pre-emption which is allowed to the squatter, or 
to the person who has purchased his interest, is 



But whatever was the mode in which these lands 
were occupied, the possessor, when once in posses- 
sion, was, as we have seen, protected by the praetor's 
interdict. The patron who permitted his client to 
occupy any part of his possession as tenant at will 
(precario), could eject him at pleasure by the in- 
terdictum de precario ; for the client did not obtain 
a possession by such permission of his patron. The 
patron would, of course, have the same remedy 
against a trespasser. But any individual, how- 
ever humble, who had a possession, was also pro- 
tected in it against the aggression of the rich ; and 
it was " one of the grievances bitterly complained 
of by the Gracchi, and all the patriots of their 
age, that while a soldier was serving against the 
enemy, his powerful neighbour, who coveted his 
small estate, ejected his wife and children." (Nieb.) 
The state could not only grant the occupation or 
possession of its public land, but could sell it, and 
thus convert public into private land. A remark- 
able passage in Orosius (Savigny, p. 176, note), 
shows that public lands, which had been given 
to certain religious corporations to possess, were 
sold in order to raise money for the exigencies of 
the state. The selling of that land which was 
possessed, and the circumstance of the possession 
having been a grant or public act, are both con- 
tained in this passage. 

The public lands which were occupied by pos- 
sessors, were sometimes called, with reference to 
such possession, occupulorii ; and, with respect to 
the state, coneessi. Public land which became pri- 
vate by sale was called quaestorius; that which is 
often spoken of as assigned (assiijnalus), was marked 
out and divided (limitutus) among the plebeians 
in equal lots, and given to them in absolute owner- 
ship, or it was assigned to ihc persons who were 
sent out as a colony. Whether the land so granted 
to the colony should become Roman or not, de- 
pended on the nature of the colony. The name 
agcr publicus was given to the public lands which 
were acquired even after the plebs had become one 
of the estates in the Roman constitution, though 
the uamc publicus, in its original sense, could no 
longer be applicable to such public lands. After 
the establishment of the plebs as an estate, the 
possession of public land was still claimed as tho 
peculiar privilege of the patricians, as before the 
establishment of the plebs it seems to have been 
the only way in which public lands were enjoyed 
by the populus : the assignment, that is the grant 
by the state of the ownership of public land in 
fixed shares, was the privilege of the plebs. In 
the early ages, when the populus was the state, it 
does not appear that then 1 was any assignment of 
public lands among the populus, though it may he 
assumed that public lands would occasionally be 
sold ; the mode? of enjoyment of public land was 
that of possessio, subject to an annual payment to 
the state. It may be conjectured that this ancient 
possessio, which wo cannot consider as having its 
origin in anything else than the consent of the state, 
was a good title to the use of the land so long as 
the annual payments were made. At any rate, 
the plebs had DO claim upon such ancient posses- 
sions. But with the introduction of the plebs as a 
separate estate, and the acquisition of new lands 

the only security which either the squatter or tho 
person who purchases from him, has fur the im- 
provements made on the land. 

1) i 



40 



AGRARIAE LEGES. 



AGRARIAE LEGES. 



by conquest, it would seem that the plebs had as 
good a title to a share of the newly conquered 
lands, as the patricians to the exclusive enjoyment 
of those lands which had been acquired by conquest 
before the plebs had become an estate ; and ac- 
cording to Livy (iv. 49), the plebs founded their 
claim to the captured lands on their services in the 
war. The determination of what part of newly 
conquered lands (arable and vineyards) should re- 
main public, and what part should be assigned to 
the plebs, which, Niebuhr says, " it need scarcely 
be observed was done after the completion of every 
conquest," ought to have been an effectual way of 
settling all disputes between the patricians and 
plebs as to the possessions of the former ; for such 
an appropriation, if it were actually made, could 
have no other meaning than that the patricians 
were to have as good title to possess their share 
as the plebs to the ownership of their assigned 
portions. The plebs at least could never fairly 
claim an assignment of public land, appropriated 
to remain such, at the time when they received 
the share of the conquered lands to which they 
were intitled. But the fact is, that we have no 
evidence at all as to such division between lands 
appropriated to remain public and lands assigned 
in ownership, as Niebuhr assumes. All that we 
know is, that the patricians possessed large tracts 
of public land, and that the plebs from time to 
time claimed and enforced a division of part of 
them. In such a condition of affairs, many diffi- 
cult questions might arise ; and it is quite as pos- 
sible to conceive that the claims of the plebs might 
in some cases be as ill founded as the conduct of 
the patricians was alleged to be rapacious in ex- 
tending their possessions. In the course of time, 
owing to sales of possessions, family settlements, 
permanent improvements made on the land, the 
claims on the land of creditors who had lent money 
on the security of it, and other causes, the equitable 
adjustment of rights under an agrarian law was 
impossible ; and this is a difficulty which Appian 
(i. 10. 18) particularly mentions as resulting from 
the law of Tib. Gracchus. 

Public pasture lands, it appears, were not the 
subject of assignment. 

The property (publicum) of the Roman people 
consisted, of many things besides land. The con- 
quest of a territory, unless special terms were 
granted to the conquered, seems to have implied 
the acquisition by the Roman s tate of the conquered 
territory and all that it contained. Thus not only 
would land be acquired, which was available for 
corn, vineyards, and pasture ; but mines, roads, 
rivers, harbours, and, as a consequence, tolls and 
duties. If a Roman colony was sent out to occupy 
a conquered territory or town, a part of the con- 
quered lands was assigned to the colonists in com- 
plete ownership. [Colonia.] The remainder, it 
appears, was left or restored to the inhabitants. 
Not that we are to understand that they had the 
property in the land as they had before ; but it 
appears that they were subject to a payment, the 
produce of which belonged to the Roman people. 
In the case of the colony sent to Antium, Dionysius 
(ix. GO) states, " that all the Antiates who had 
nouses and lands remained in the country, and 
cultivated both the portions that were set aside for 
them and the portions appropriated to the colonists, 
on the condition of paying to them a fixed portion 
of the produce ; " in which case, if the historian's 



statement is true, all the sums paid by the original 
landholders were appropriated to the colonists. 
Niebuhr seems to suppose, that the Roman state 
might at any time resume such restored lands ; 
and, no doubt, the notion of a possibility of re- 
sumption under some circumstances at least was 
involved in the tenure by which these lands were 
held ; but it may be doubted if the resumption of 
such lands was ever resorted to except in extraor- 
dinary cases, and except as to conquered lands 
which were the public lands of the conquered 
state. Private persons, who were permitted to 
retain their lands subject to the payment of a tax, 
were not the possessors to whom the agrarian laws 
applied. In many cases large tracts of land were 
absolutely seized, their owners having perished in 
battle or been driven away, and extensive districts, 
either not cultivated at all or very imperfectly cul- 
tivated, became the property of the state. Such 
lands as were unoccupied could become the subject 
of possessio ; and the possessor would, in all cases, 
and in whatever manner he obtained the land, be 
liable to a payment to the state, as above-men- 
tioned in the extract from Appian. 

This possessio was a real interest, for it was the 
subject of sale : it was the use (uszis) of the land ; 
but it was not the ager or property. The possessio 
strictly could not pass by the testament of the 
possessor, at least not by the mancipatio. (Gaius, 
ii. 102.) It is not easy, therefore, to imagine any 
mode by which the possession of the heres was 
protected, unless there was a legal form, such as 
Savigny has assumed to exist for the general pro- 
tection of possessiones in the public lands. The 
possessor of public land never acquired the owner- 
ship by virtue of his possession ; it was not subject 
to usucapion. The ownership of the land which 
belonged to the state, could only be acquired by 
the grant of the ownership, or by purchase from 
the state. The state could at any time, according 
to strict right, sell that land which was only pos- 
sessed, or assign it to another than the possessor. 
The possession was, in fact, with respect to the state, 
precarium ; and we may suppose that the lands so 
held would at first receive few permanent improve- 
ments. In course of time, and particularly when 
the possessors had been undisturbed for many 
years, possession would appear, in an equitable 
point of view, to have become equivalent to owner- 
ship ; and the hardship of removing the possessors 
by an agrarian law would appear the greater, after 
the state had long acquiesced in their use and oc- 
cupation of the public land. 

In order to form a correct judgment of these en- 
actments which are specially cited as agrarian laws, 
it must be borne in mind that the possessors of 
public lands owed a yearly tenth, or fifth, as the 
case might be, to the "state. These annual pay- 
ments were, it seems, often withheld by the pos- 
sessors, and thus the state was deprived of a fund 
for the expenses of war and other.general purposes. 

The first mention by Livy of conquered land 
being distributed among the plebs belongs to the 
reign of Servius Tullius (i.46, 47). The object of the 
agrarian law of Sp. Cassius (Liv. ii. 41 ; Dionys. 
viii. 70), B. c. 484, is supposed by Niebuhr to have 
been " that the portion of the populus in the public 
lands should be set apart, that the rest should be 
divided among the plebeians, that the tithe should 
again be levied and applied to paying the army." 
The agrarian law of C. Licinius Stolo (Liv. vi. 36 ; 



AGRARIAE LEGES. 



AGRARIAE LEGES. 41 



Appian, B. C. i. 8) b. c 36.5, limited each indi- 
vidual's possession of public land to 500 jugera, 
and imposed some other restrictions ; but the pos- 
sessor had no better title to the 500 jugera which 
the law left him, than he formerly had to what 
the law took from him. [Leges Liciniae.] 
The surplus land was to be divided among the 
plebeians, as we may assume from this being an 
agrarian law. The Licinian law not effecting its 
object, Tib. Sempronius Gracchus, B. c. 133, re- 
vived the measure for limiting the possession of 
public land to 500 jugera. The arguments of the 
possessors against this measure, as they are stated 
by Appian {li. C. L 10), are such as might reason- 
ably be urged ; but he adds that Gracchus pro- 
posed to give to each possessor, by way of com- 
pensation for improvements made on the public 
land, the full ownership of 500 jugera, and half 
that quantity to each of his sons if he had any. 
Under the law of Tibcriu3 Gracchus three commis- 
sioners (triumviri) were to be chosen annually by 
the thirty-five tribes, who were to decide all ques- 
tions that might arise as to the claims of the state 
upon lands in the occupation of possessors. The 
law provided that the land which was to be re- 
sumed should be distributed in small allotments 
among the poorer citizens, and they were not to 
have the power of alienating their allotments. 
Gracchus also proposed that the ready money 
■vhich Attalus III., King of Pergamus, had 
vith all his other property bequeathed to the 
Roman state, should be divided among the persons 
wio received allotments, in order to enable them 
to stock their land. Tiberius Gracchus lost his 
life in a riot B. c. 133 ; but the senate allowed 
the commissioners to continue their labours. After 
the death of Tiberius Gracchus, a tragical event 
happened at Rome. P. Cornelius Scipio, who had 
maintained the cause of the possessors, both Roman 
and Italian, against the measure of Gracchus, was 
found dead in his bed. Suspicion was strong against 
the party of Caius Gracchus, the younger brother 
of Tiberius, whose sister Scmpronia was the wife of 
Scipio, but no inquiry was made into the cause 
of Scipio's death. Caius Gracchus became a tri- 
bune of the plebs, B. c. 123, and he put the law of 
his brother again in force, for it had virtually been 
suspended by the senate, B.C. 129, by their with- 
drawing the powers from the three commissioners, 
of whom Gracchus was one, and giving them to the 
consul, C. Sempronius Tuditanus, who, being en- 
gaged in the Ulyrian war, could not attend to the 
business. Caius Gracchus proposed the establish- 
ment of various colonies under the provisions of 
the law. To check his power, the senate called 
in the aid of another tribune, M. Livius Drusus, 
who outbid Caius in his popular measures. The 
law of Gracchus proposed that those who received 
allotments of land should pay the state a small 
sum in respect of each. Dmsus released them from 
this payment. Caius proposed to found two colo- 
nics : Dnisus proposed to found twelve, each con- 
sisting of three thousand men. Caius Gracchus 
Imt his life in a civil commotion n. c. 121. Shortly 
after his death, that clause of the Sempronian law 
which forbade the alienation of the allotments, 
was repealed ; and they forthwith began to fall 
hit" the hands of the rich by purchase, or by 
alleged purchases as Appian obscurely states (//. ('. 
i. '-'7). A tribune, Sp'irius Itorius ( Ilorius is the 
namo in the MSS. of Appian), carried a law to 



prevent future divisions of the public land, with a 
provision that the sums payable in respect of this 
land to the state, should be formed into a fund for 
the relief of the poor. But another tribune, Spu- 
rius Thorius, B. c. Ill, repealed this law as to the 
tax from the public lands, and thus the plebs lost 
everything for the future, both lands and poors' 
money. [Lex Thoria.] 

Other agrarian laws followed. In the sixth con- 
sulship of Marius, B. c. 100, agrarian laws were 
carried by the tribune L. Appuleius Saturninus 
and his party, the object of which was chiefly to 
provide for the veteran soldiers of Marius. These 
measures were carried by violence, but they were 
subsequently declared null. The tribune, M. 
Livius Dmsus the younger, a c. 91, proposed the 
division of all the public land in Italy and the 
establishment of the colonies which had been pro- 
jected : he was for giving away everything that 
the state had (Floras, iii. 1C). This Drusus was 
also a tool of the senate, whose object was to 
humble the equestrian order by means of the plebs 
and the Italian SociL But the Socii were also in- 
terested in opposing the measures of Drusus, as 
they possessed large parts of the public land in 
Italy. To gain their consent, Drusus promised to 
give them the full Roman citizenship. But he 
and the senate could not agree on all these mea- 
sures, Drusus was murdered, and the Socii, seeing 
their hopes of the citizenship balked, broke out in 
open war (b. c. 90). The measures of Drusus 
were declared null, and there was no investigation 
as to his death. The Social or Marsic war, after 
threatening Rome with ruin, was ended by the 
Romans conceding what the allies demanded. 
[Lex Julia.] 

The hand to which all the agrarian laws, prior 
to the Thoria Lex, applied, was the public land 
in Italy, south of the Macra and the Rubico, the 
southern boundaries of Gallia Cisalpina on the west 
and east coasts respectively. The Thoria Lex 
applied to all the public land within these limits, 
except what had been disposed of by assignation 
prior to the year B. c. 133, in which Tiberius 
Gracchus was tribune, and except the Ager Cam- 
panus. It applied also to public land in the pro- 
vince of Africa, and in the territory of Corinth. 
[THOKU Lex.] The object of the agrarian law 
of P. Sorvilius Rullus, proposed in the consul- 
ship of Cicero B. c. 63, was to sell all the public 
land both in and nut of Italy, and to buy lands in 
Italy on which the poor were to be settled. Ten 
commissioners, with extraordinary powers, were to 
carry the law into effect, and a host of surveyors, 
clerks, and other officers, were to find employment 
in this agrarian job. The job was defeated by 
Cicero, whose three extant orations against Rullus 
contain most instructive matter on the condition 
of the Roman state at that time. The tribune 
Flavins, B.C. 60, at the instigation of Cn. Pompeius, 
brought forward a measure for providing the sol- 
diers of Pompeius with lands. Cicero was not al- 
together opposed to this measure, for he wished to 
please Piiin|M'ius, One clause of the law provided 
that lands should be bought for distribution with 
the money that should arise in the next five years 
from the DOW revenues that had been created by 
the Asiatic conquest* of Pompeius. The law was 
dropped, but it was reproduced in n somewhat 
altered shape by C. Julius Caesar in his consul- 
ship, u. c. 59, and it included the Stellalis Ager 



42 



AGRARIAE LEGES. 



AGRARIAE LEGES. 



and the Campanus Ager, which all previous agra- 
rian laws had left untouched. The fertile tract of 
Capua (Campanus Ager) was distributed among 
20,000 persons, who had the qualification that the 
law required, of three or more children. After 
this distribution of the Campanian land, and the 
abolition of the port duties and tolls (portoria), 
Cicero observes (ad Att. ii. 1 6), " there was no 
revenue to be raised from Italy, except the five 
per cent, (vicesima) " from the sale and manu- 
mission of slaves. 

The lands which the Roman people had acquired 
in the Italian peninsula by conquest were greatly 
reduced in amount by the laws of Gracchus and by 
sale. Confiscations in the civil wars, and conquests 
abroad, were, indeed, continually increasing the 
public lands ; but these lands were allotted to the 
soldiers and the numerous colonists to whom the 
state was continually giving lands. The system of 
colonisation which prevailed during the republic, 
was continued under the emperors, and considerable 
tracts of Italian land were disposed of in this man- 
ner by Augustus and his successors. Vespasian as- 
signed lands in Samnium to his soldiers, and grants 
of Italian lands are mentioned by subsequent em- 
perors, though we may infer that at the close of 
the second century of our aera, there was little 
public land left in the peninsula. Vespasian sold 
part of the public lands called subseciva. Domitian 
gave the remainder of such lands all through Italy 
to the possessors (Aggenus). The conquests be • 
yond the limits of Italy furnished the emperors 
with the means of rewarding the veterans by grants 
of land, and in this way the institutions of Rome 
were planted on a foreign soil. But, according to 
Gaius, property in the land was not acquired by 
such grant ; the ownership was still in the state, 
and the provincial landholder had only the pos- 
sessio. If this be true, as against the Roman 
people or the Caesar, his interest in the land was 
one that might be resumed at any time, according 
to the strict rules of law, though it is easily con- 
ceived that such foreign possessions would daily 
acquire strength, and could not safely be dealt 
with as possessions had been in Italy by the 
various agrarian laws which had convulsed, the 
Roman state. This assertion of the right of the 
populus Romanus and of the emperors, might 
be no wrong " inflicted on provincial landowners 
by the Roman jurisprudence,"* as Niebuhr affirms. 
The tax paid by the holders of ager privatus in 
the provinces was the only thing which dis- 
tinguished the beneficial interest in such land from 
Italic land, and might be, in legal effect, a recog- 
nition of the ownership according to Roman law. 
And this was Savigny's earlier opinion with re- 
spect to the tax paid by provincial lands ; he con- 
sidered such tax due to the Roman people as the 
sovereign or ultimate owner of the lands. His 
later opinion, as expressed in the Zeitschrift fur 

* Niebuhr observes that Frontinus speaks of 
the " arva publico, in the provinces, in contradis- 
tinction to the agri privati there ; " but this he 
certainly does not. This contradistinction is made 
by his commentator Aggenus who, as he himself 
says, only conjectures the meaning of Frontinus ; 
and, perhaps, he has not discovered it. (Rei Agr. 
Script, pp. 38. 46, 47.) Savigny's explanation of 
this passage is contained in the Zeitschrift fur 
Gesch. Rec/Usw. vol. xi. p. 24. 



GescMclttliclie Reclitswissenschaft (vol. v. p. 254), is, 
that under the Caesars a uniform system of direct 
taxation was established in the provinces, to which 
all provincial land was subject ; but land in Italy 
was free from this tax, and a provincial town could 
only acquire the like freedom by receiving the 
privilege expressed by the term Jus Italicum. The 
complete solution of the question here under dis- 
cussion could only be effected by ascertaining the 
origin and real nature of this provincial land-tax ; 
and as it may be difficult, if not impossible, to 
ascertain such facts, we must endeavour to give 
a probable solution. Now it is consistent with 
Roman notions that all conquered land should be 
considered as the property of the Roman state ; 
and it is certain that such land, though assigned 
to individuals, did not by that circumstance alone 
become invested with all the characters of that 
Roman land which was private property. It had not 
the privilege of the Jus Italicum, and consequently 
could not be the object of Quiritarian ownership, 
with its incidents of mancipatio, &c. All land in 
the provinces, including even that of the liberae 
civitates, and the ager publicus properly so called, 
could only become an object of Quiritarian owner- 
ship by having conferred upon it the privilege of 
Italic land, by which it was also released from the 
payment of the tax. It is clear that there might 
be and was ager privatus, or private property, in 
provincial land ; but this land had not the 
privileges of Italic land, unless such privilege was 
expressly given to it, and accordingly it paid a tax. 
As the notions of landed property in all countries 
seem to suppose a complete ownership residing in 
some person, and as the provincial landowner, 
whose lands had not the privilege of the Jus 
Italicum, had not that kind of ownership which, 
according to the notions of Roman law, was com- 
plete ownership, it is difficult to conceive that the 
ultimate ownership of provincial lands (with the 
exception of those of the liberae civitates) could 
reside any where else than in the populus Romanus, 
and, after the establishment of the imperial power, 
in the populus Romanus or the Caesar. This 
question is, however, one of some difficulty, and 
well deserves further examination. It may be 
doubted, however, if Gaius means to say that 
there could be no Quiritarian ownership of private 
land in the provinces ; at least this would not be 
the case in those districts to which the Jus Italicum 
was extended. • The case of the Recentoric lands, 
which is quoted by Niebuhr (Cic. c. Rullum, i. 4), 
may he explained. The land here spoken of was 
land in Sicily. One object of the measure of 
Rullus was to exact certain extraordinary pay- 
ments (vectigal) from the public lands, that is, 
from the possessors of them ; but he excepted the 
Recentoric lands from the operation of his measure. 
If this is private land, Cicero argues, the exception 
is unnecessary. The argument, of course, assumes 
that there was or might be private land in Sicily ; 
that is, there was or might be land which would 
not be affected by this part of the measure of 
Rullus. Now the opposition of public and private 
land in this passage certainly proves, what can 
easily be proved without it, that individuals in the 
provinces owned land as individuals did in Italy ; 
and such land might with propriety be called 
privatus, as contrasted with that called publicus in 
the provinces : in fact, it would not be easy to 
have found another name for it. But we know 



AGRARIAE LEGES. 



AGRARIAE LEGES. 43 



that ager privatus in the provinces, unless it had 
received the Jus Italicum, was not the same thing 
as ager privatus in Italy, though both were private 
property. Such a passage then as that just re- 
ferred to in Cicero, leads to no necessary conclusion 
that the ultimate ownership or dominion of this 
private land wa3 not in the Roman people. 

It only remains briefly to notice the condition of 
the public land with respect to the fructus, or vec- 
tigal which belonged to the state. This, as al- 
ready observed, was generally a tenth, and hence 
the ager publicus was sometimes called decuman us ; 
it was also sometimes called ager vectigalis. The 
tithes were generally fanned by the publican!, who 
paid their rent mostly in money, but sometimes in 
grain. The letting was managed by the censors, 
and the lease was for five years. The form, how- 
ever, of leasing the tenths was that of a sale, 
mancipatio. In course of time the word locuiio 
was applied to these leases. The phrase used by 
the Roman writers was originally fructus locatio, 
which was the proper expression ; but we find the 
phrase, at/rum frueruium locare, also used in the 
same sense, an expression which might appear 
somewhat ambiguous ; and even agrum locare, 
which might mean the leasing of the public lands, 
and not of the tenths due from the possessors ol 
them. Strabo (p. 622), when speaking of the port 
duties of Cumc in Aeolis, says they were sold, by 
which he no doubt means that they were farmed 
on certain terms. It is, however, made clear by 
Nicbuhr, that in some instances at least the phrase 
aijrum l/xare, docs mean the leasing of the tenths ; 
whether this was always the meaning of the 
phrase, it is not possible to affirm. 

Though the term ager vectigalis originally ex- 
pressed the public land, of which the tithe was 
leased, it afterwards came to signify lands which 
were leased by the state, or by different corpora- 
tions. This latter description would comprehend 
even the ager publicus ; but this kind of public 
property was gradually reduced to a small amount, 
and we find the term ager vectigalis, in the later 
period, applied to the lands of towns which were 
so leased that the lessee, or those who derived their 
tithe from him, could not be ejected so long as they 
pud the vcctigal. This is the ager vectigalis of 
the Digest (vi. tit. 3), on the model of which was 
formed the emphyteusis, or ager cmphyteuticarius. 
[Emphyteusis. J The rights of the lessee of the 
ager vectigalis were different from those of a pos- 
sessor of the old ager publicus, though the ager 
vectigalis was derived from, and was only a new 
form of the ager publicus. Though he had only a 
jut in re, and though he is distinguished from the 
owner (Jominus), yet he was considered as having 
the possession of the land. lie had, also, a right 
of action against the town, if he was ejected from 
his land, provided he had always paid his vcctigal. 

The nature of these agrarian laws, of which the 
first was the proposed law of Spiirius Cassias, and 
the but, the law of C. Julius Caesar, B.C. .55), is 
easily understood. The plebs began by claiming 
a share in those conquered lands of which the 
patricians claimed the exclusive enjoyment, sub- 
ject to a fixed payment to the state. It was one 
object of the Rogations of Licinius to check the 
power of the nobles, and to limit their wealth ; 
and as they had at that time little landed property, 
this end would be accomplished by limiting their 
enjoyment of the public land, lint a more im- 



portant object was to provide for the poorer citizens. 
In a country where there is little trade, and no 
manufacturing industry, the land is the only source 
to which the poorer classes can look for subsist- 
ence. Accordingly, at Rome there was a continual 
demand for allotments, and these allotments were 
made from time to time. These allotments were 
just large enough to maintain a man and his 
family, and the encouragement of population was 
one of the objects contemplated by these grants 
of land. (Liv. v. 30.) Rome required a constant 
supply of soldiers, and the system was well 
adapted to give the supply. But this system of 
small holdings did not produce all the results that 
were anticipated. Poverty and mismanagement 
often compelled the small owners to sell their 
lands to their richer neighbours, and one clause of 
the law of Tib. Gracchus forbade persons selling 
their allotments. This clause was afterwards 
repealed, not, as some would suppose, to favour the 
rich, but simply because the repeal of so absurd 
an enactment would be beneficial to all parties. 
In the later republic agrarian laws were con- 
sidered as one means of draining the city of the 
scum of the population, which is only another 
proof of the impolicy of these measures, for the 
worthless populace of a large city will never 
make a good a'.Ticultural population. (Cic. ad 
Alt. i. 19.) They were also used as means 
of settling veteran soldiers, who must either be 
maintained as soldiers, or provided for in some 
way. Probably from about the close of the 
second Punic war, when the Romans had large 
standing armies, it became the practice to pro- 
vide for those who had served their period by 
giving them a grant of land (Liv. xxxi. 4) ; and 
this practice became common under the later 
republic and the empire. The Roman soldier al- 
ways looked forward to a release from service after 
a certain time, but it was not possible to send 
him away empty-handed. At the present day 
none of the powers of Europe which maintain very 
large armies could safely disband them, for they 
could not provide for the soldiers, and the soldiers 
would certainly provide for themselves at the ex- 
pense of others. It was perhaps not so much a sys- 
tem of policy with the Romans as necessity, which 
led them from time to time to grant lands in small 
allotments to the various classes of citizens who 
have been enumerated. 

The effects of this system must be considered 
from several points of view — as a means of silenc- 
ing the clamours of the poor, and one of the modes 
of relieving their poverty, under which aspect 
they may be classed with the Leges I'rumentariae ; 
of diffusing Roman settlers ou r Italy, and thus 
extending the Roman power ; as a means of pro- 
viding for soldiers ; and as one of the ways in 
which popular leaders sought to extend their in- 
fluence. The effects on agriculture could hardly 
be beneficial, if we consider that the fact of the 
settlers often wanting capital is admitted by an- 
cient authorities that they were liable to be called 
from their lands for military service, and that 
persons to whom the land was given were often 
unacquainted with agriculture, and unaccustomed 
to field labour. The evil that appears in course 
of time in all states is the poverty of a large number 
of the people, for which different countries' attempt 
to provide different remedies. The Koinnn system 
of giving land failed to remedy this evil ; but it 



44 AGRICULTURA. 



AGRICULTURA. 



was a system that developed itself of necessity in 
a state constituted like Rome. 

Those who may choose to investigate the sub- 
ject of the agrarian laws, will find the following 
references sufficient for the purpose : — Liv. i. 4 6, 
47 ; ii. 41, 42, 43, 44, 48, 52, 61, 63, iii. 1, 9, 
iv. 12, 36, 43, 44, 47, 48, 49, 51, 52, 58, v. 24. 
30, vi. 5, 6, 16, 21, 35, vii. 16, x. 13, 47, xxxiii. 
42, xxxiv. 40 ; Dionys. ii. 15, viii. 70, &c, ix. 
51, &c, x. 36 ; Plut. CamiUus, c. 39, T. Grac- 
chus, C. Gracchus ; Appian, B. C. i. 7, &c ; Cic. 
c. Rullurn ; ad Att. i. 19, ii. 16 ; Dion Cass, 
xxxviii. 1, &c. xlv. 9, &c. xlvii. 14, xlviii. 2 ; Veil. 
Pat. ii. 2, 6, 44 ; Florus, iii. 13, &c. ; Zeitschrift fur 
Geschichtliche Rechtstvissenschaft, Das Ackergesetz 
von Spurius Thorius, vol. x. by Rudorff ; Niebuhr, 
Roman History, vol. ii. p. 129, &c. ; Savigny, 
DasRechtdes Besitzes, 5th ed. ; Classical Museum, 
Parts V. VI. VII., articles by the author of this 
article, and an article by Professor Puchta, of 
Berlin ; Political Dictionary, art. Agrarian Law, 
by the author of this article. [G. L.] 

AGRAU'LIA (aypavAia) was a festival cele- 
brated by the Athenians in honour of Agraulos, 
the daughter of Cecrops. (Diet, of Biogr. s. v.) 
We possess no particulars respecting the time or 
mode of its celebration ; but it was, perhaps, con- 
nected with the solemn oath, which all Athenians, 
when they arrived at manhood (%<pT]§oc), were 
obliged to take in the temple of Agraulos, that they 
would fight for their country, and always observe 
its laws. (Lycurg. c. Leocr. p. 189 ; Dem. de Legat. 
p. 438 ; Plut. Alcib. 15 ; Stobaeus, Serm. xii. 141 ; 
Schbmann, De Comitiis, p. 332 ; Wachsmuth, Hel- 
len. Alterth. vol. i. p. 476, 2nd ed.) 

Agraulos was also honoured with a festival in 
Cyprus, iu the month Aphrodisius, at which human 
victims were offered. (Porphyr. De Abstin. ah 
Anim. i. 2.) 

AGRICULTU'RA, agriculture. 

Authorities. — When we remember that agricul- 
ture, in the most extended acceptation of the term, 
was for many centuries the chief, we may say, almost 
the sole peaceful occupation followed by any large 
portion of the free population in those European 
nations which first became highly civilised, we shall 
not be surprised to find that the contemporaries of 
Cicero were able to enumerate upwards of fifty 
Greek writers who had contributed to this science. 
But although the Homeric poems are filled with a 
series of the most charming pictures derived from 
the business of a country life, although Hesiod 
supplies abundance of wise saws and pithy apho- 
risms, the traditional wisdom accumulated during 
many successive generations, although Xenophon 
has bequeathed to us a most graceful essay on the 
moral beauty of rustic pursuits interspersed with 
not a few instructive details, and although much 
that belongs to the Natural History of the subject 
will be found treasured up in the vast storehouses 
of Aristotle and Theophrastus, yet nothing which 
can be regarded in the light of a formal treatise 
upon the art as exhibited in the pastures and corn- 
fields of Hellas, has descended to us, except a 
volume, divided into twenty books, commonly 
known as the Gcoponica (Tew-KoviKd), whose his- 
tory is somewhat obscure, but which, according to 
the account commonly received, was drawn up at 
the desire of Constantine VI. (a. d. 780 — 802) 
by a certain Cassianus Bassus, and consists of ex- 
tracts from numerous writers, chiefly Greek, many 



of whom flourished in the second, third, and fourth 
centuries. This collection is systematically ar- 
ranged and comprehends all the chief branches ; 
hut it has never been considered of much value, 
except in so far as it tends to confirm or illustrate 
the statements found elsewhere. The information 
conveyed by it is, upon many points, extremely 
meagre, the materials were worked up at a late period 
by an editor with whose history and qualifications 
for his task we are altogether unacquainted, while 
the most important quotations are taken from authors 
of whom we know little or nothing, so that we can- 
not tell whether their precepts apply to the same 
or to different climates, whether they give us the 
fruit of their own experience, or, as we have great 
reason to suspect in many instances, were them- 
selves mere compilers. 

The Romans, during the brightest periods of 
their history, were devotedly attached to the only 
lucrative profession in which any citizen could 
embark with honour, and from the first dawn until 
the decline of their literature, rural economy 
formed a favourite theme for composition both in 
prose and verse. The works of the Sasernae, 
father and son, those of Scrofa Tremellius, of 
Julius Hyginus, of Cornelius Celsus, of Julius 
Atticus, and of Julius Graecinus have perished ; 
but we still possess, in addition to Virgil, four 
" Scriptores de Re Rustica," two, at least, of whom 
were practical men. We have, in the first place, 
162 chapters from the pen of the elder Cato 
(b. c. 234 — 149), a strange medley, containing 
many valuable hints for the management of the 
farm, the olive garden, and the vineyard, thrown 
together without order or method, and mixed up 
with medical prescriptions, charms for dislocated 
and broken bones, culinary receipts, and sacred 
litanies, the whole forming a remarkable compound 
of simplicity and shrewdness, quaint wisdom and 
blind superstition, bearing, moreover, a strong im- 
press of the national character; in the second 
place, we have the three books of Varro (b. c. 116 
— 28), drawn up at the age of eighty, by one who 
was not only the most profound scholar of his age, 
but likewise a soldier, a politician, an enthusiastic 
and successful farmer ; in the third place, the 
thirteen books of Columella (a. d. 40 [?]), more 
minute than the preceding, especially in all that 
relates to the vine, the olive, gardening, and fruit 
trees, but evidently proceeding from one much less 
familiar with his subject ; and, lastly, the fourteen 
books of Palladius (a writer of uncertain date who 
closely copies Columella), of which twelve form a 
Farmer's calendar, the different operations being 
ranged according to the months in which they 
ought to be performed. Besides the above, a 
whole book of Pliny and many detached chapters 
are devoted to matters connected with the labours 
of the husbandman ; but in this, as in the other 
portions of that remarkable encyclopaedia, the 
assertions must be received with caution, since they 
cannot be regarded as exhibiting the results of 
original investigation, nor even a very correct repre- 
sentation of the opinions of others. 

We ought not here to pass over unnoticed the 
great work of Mago the Carthaginian, who, as a 
native of one of the most fertile and carefully cul- 
tivated districts of the ancient world, must have 
had ample opportunities for acquiring knowledge. 
This production, extending to twenty-eight books, 
had attained such high fame that, after the de- 



AGRICULTURA. 



AGRICULTURA. 



45 



struction of Carthage, it was translated into Latin 
by orders of the senate ; a Greek version, with ad- 
ditions and probably omissions, was executed by 
Dionysius of Utica, and published in twenty books 
during the century before the commencement of 
our era ; and this, again, was a few years after- 
wards condensed into six books by Diophanes of 
Nicaea, and presented to King Deiotarus. In 
what follows, Cato, Varro, and Columella will be 
our chief supports, although references will be made 
to and illustrations drawn from the other sources 
indicated above. (Varr. R. 7?. i. 1 ; Col. R.R.LI; 
Plin. //. A r . xviiL 3 ; Proleg. ad Ge»pon. in ed. 
Niclas.) 

Division of the Subject. 
Rural Economy may be treated of under two 
distinct beads — 

A. Agriculture proper (Ai/ricultura), or the art 
of tilling the soiL 

B. The management of stock (Pastio). 

A AGRICULTURA. 

Agriculture proper teaches the art of raising the 
various crops necessary for the sustenance and com- 
fort of man and of the domestic animals, in such a 
manner that the productive energies of the soil 
may be fully developed but not exhausted nor 
enfeebled, and teaches, farther, how this may be 
accomplished with the least possible expenditure 
of capital. The crops to which the Greeks and 
Romans chiefly directed their attention were — 
1. Different kinds of grain, such as wheat and 
barley ; leguminous vegetables cultivated for their 
seeds, such as beans, peas, and lupines ; herbs cut 
green for forage, such as grass, tares, and lucerne ; 
and plants which furnished the raw material for 
the textile fabrics, such as hemp and flax. 2. Fruit 
trees, especially the vine, the olive, and the fig. 
3. Garden stuffs. — For the second of these divi- 
sions we refer to the articles Oletvm and Vinka ; 
and we shall not touch at all upon gardening, since 
the minute details connected with this topic are of 
little or no service in illustrating the classics 
generally. 

Agriculture in its restricted sense comprehends 
a knowledge 

I. Of the subject of our operations, that is, the 
fannC fundus, pruedium), which must be considered. 
a. with reference to its situation and soil (quo 
Utco el qualis), and b. with reference to the dwell- 
ing-house and steading (villa ct stabula). 

II. Of the instruments (instrumcnta) required 
to perform the various operations (ipiae in /undo 
opus tint ac de/teant esse culturae causa), these in- 
struments being twofold, a. men (hominet) ; and li. 
the assistants of men (adminicula hominum), viz. 
domestic animals (Ix/vcs, cqui, canes, &c.) together 
with tools (instrumcnta), properly so called, such 
as ploughs and harrows. 

1 1 L Of the operations themselves, such as 
ploughing, harrowing, and sowing (i/uac in /undo 
ro/t-ndi causa slut /icicnda), and of the timr whrn 
they are to be performed ('/no quidquid tempore 
fieri conveniat). 

IV. Of the object of these operations, viz. the 
different plants considered with reference to their 
tpecies, varieties, and habits. Under this head we 
may alio conveniently include what is termed the 
rotation of crops, that is, the order in which they 
ought to succeed each other upon the same ground. 



I. a. Cognitio Fundi 

(Knowledge o/ lie Farm). In selecting a farm, 
the two points which first demanded attention 
were, 1. The healthiness of the situation (salu- 
britas), a matter of the greatest anxiety in Italy, 
where the ravages of malaria appear to have 
been not less fatal in ancient than they have 
proved in modern times ; and, 2. The general 
fertility of the soil. It was essential to be fully 
satisfied upon both of these particulars ; for to 
settle in a pestilential spot was to gamble with 
the lives and property of all concerned (non aliud 
est atque alea domini vitae el rei /amiliaris), and 
no man in his senses would undertake to till 
land which was not likely to yield a fair return 
for his outlay of money and labour (/ruclus pro 
impensa ac labore). The next object of solicitude 
was a good aspect. The property was, if possible, 
to have a southerly exposure, to be sheltered by a 
wooded hill from the sweep of boisterous and cut- 
ting winds, and not to be liable to sudden mis- 
fortunes (ne ca/amitosum siel), such as inundations 
or violent hail storms. It was highly important 
that it should be in the vicinity of a populous town 
(oppidum validum), or if not, that it should be 
readily accessible either by sea, or by a navigable 
stream (amnis qua naves ambulant), or by a good 
well frequented road (via bona eclebrisque) ; that 
there should be an abundant supply of water (bo- 
num aquarium) ; that it should be so situated that 
the proprietor, if he did not live upon the estate, 
might be able to give active and constant personal 
superintendence ; and, finally, that it should be 
moderate in size, 60 that every portion might be 
brought into full cultivation (laudato inyentia rura 
-J- Kxiguum colilo). 

These preliminary matters being ascertained, 
the soil might be considered in reference a. to 
its general external features (J'orma), /3. to its 
internal qualities (rpialis sit terra). 

a. In so far as its external features were con- 
cerned it might be flat (solum campestre), or upland 
rolling ground (collinum), or high lying (monta- 
num), or might comprise within its limits all 
three, which was most desirable, or any two of 
them. These variations would necessarily exer- 
cise important influence on the climate, on the 
description of crops which might be cultivated 
with advantage, and on the time chosen for per- 
forming the various operations, the general rulo 
being that as we ascend the temperature falls, that 
corn and sown crops in general (segctes) succeed 
best on plains, vineyards (vineae) on gentle slopes, 
and timber trees (silvae) upon elevated sites, and 
that the different labours of the rustic may bo 
commenced earlier upon low than upon high 
ground. When flat it was better that it should 
incline gently and uniformly in one direction 
(aeifuuliilitcr in unam jxirtcm rergens) than be a 
dead level (ad UMIam acquum), for in the latter 
case the drainage being necessarily imperfect, it 
would have a tendency to become swampy ; but 
the worst form was when there were converging 
sloped, for there the water collected into jtools 
(lacunas). 

&. In so faros its internal qunlities were con- 
cerned, doil might be classed under six heads form- 
ing three antagonistic pain. : — 

1. The deep and fat (pimpir), 2. The shallow 
and lean (macrum, jejunum), 3. The loose (solu- 



46 



AGRICULTURA. 



AGRICULTURA. 



turn), 4. The dense (spissum), 5. The wet (humi- 
dum, aquosum, uliginosum), 6. The dry (siccum), 
while the endless gradations and combinations of 
which the elementary qualities were susceptible 
produced all the existing varieties. These are 
named sometimes from their most obvious consti- 
tuents, the stony (lapidosum), the gravelly (glareo- 
sum), the sandy (arenosum), the mortary (sabulo- 
sum), the chalky (cretosum), the clayey (argillo- 
sum) ; sometimes from their colour, the black 
(nigrum), the dark( pufaim), the grey (subalbum), 
the red (ruhicundum), the white (album) ; some- 
times from their consistency, the crumbling (putre, 
friabile, eineritium), as opposed to the tenacious 
(densum, crassum, spissum) ; sometimes from their 
natural products, the grassy (graminosum, lierbo- 
sum), the weedy (spurcum) ; sometimes from their 
taste, the salt (salsum), the bitter (amarum) ; 
rubrica seems to have been a sort of red chalky 
clay, but what the epithets rudecta and materina 
applied to earth (terra) by Cato may indicate, it 
is hard to determine (Cato 34 ; comp. Plin. H. N. 
xviii. 17). The great object of the cultivator being 
to separate the particles as finely as possible (neque 
enim aliud est colere quam resolvere et fermentare 
terram), high value was attached to those soils 
which were not only rich, but naturally pulveru- 
lent. Hence the first place was held by solum 
pingue et putre, the second by pinguiter densum, 
while the worst was that which was at once dry, 
tenacious, and poor (siccum pariter et densum et 
maerum). The ancients were in the habit of form- 
ing an estimate of untried ground, not only from 
the qualities which could be detected by sight and 
touch, but also from the character of the trees, 
shrubs, and herbage growing upon it spontaneously, 
a test of more practical value than any of the 
others enumerated in the second Georgic (177 — 
2S8.) 

When an estate was purchased, the land might 
be either in a state of culture (culta novalia), or in 
a state of nature (rudis ager). 

The comparative value of land under cultivation 
estimated by the crops which it was capable of 
bearing, is fixed by Cato (1), according to the fol- 
lowing descending scale : — 

1. Vineyards (vinea), provided they yielded 
good wine in abundance. 2. Garden ground well 
supplied with water (Iiortus irriguus). 3. Osier 
beds (salictum). 4. Olive plantations (oletum). 
5. Meadows (pratum). 6. Corn land (campus 
frumentarius). 7. Groves which might be cut for 
timber or fire-wood (silva caedua). 8. Arbustum. 
This name was given to fields planted with trees 
in regular rows. Upon these vines were trained, 
and the open ground cultivated for corn or legu- 
minous crops in the ordinary manner, an arrange- 
ment extensively adopted in Campania, and many 
other parts of Italy in modern times, but by no 
means conducive to good husbandry. 9. Groves 
yielding acorns, beech-mast, and chestnuts (glan- 
daria siha). The fact that in the above scale, corn 
land is placed below meadows may perhaps be re- 
garded as an indication that, even in the time of 
Cato, agriculture was upon the decline among the 
Romans. 

When waste land was to be reclaimed, the or- 
dinary procedure was to root out the trees and 
brushwood (frutcta), by which it might be encum- 
bered, to remove the rocks and stones which would 
impede the labours of men and oxen, to destroy by 



fire or otherwise troublesome weeds, such as ferns 
and reeds (JUices, junci), to drain off the super- 
fluous moisture, to measure out the ground into 
fields of a convenient size, and to enclose these 
with suitable fences. The three last-mentioned 
processes alone require any particular notice, and 
we therefore subjoin a few words upon Drains, 
Land-Measures, Fences. 

Drains (fossae, sulci alveati, incilia) were of two 
kinds : — 

1. Open (patentes). 2. Covered (caecae). 

1. Fossae patentes, open ditches, alone were 
formed in dense and chalky soil. They were wide 
at top, and gradually narrowed in wedge fashion 
(imbricibus supinis similes) as they descended. 

2. Fossae caecae, covered drains, or sivers as 
they are termed in Scotland, were employed where 
the soil was loose, and emptied themselves into the 
fossae patentes. They were usually sunk from 
three to four feet, were three feet wide at top and 
eighteen inches at bottom ; one half of the depth 
was filled up with small stones or sharp gravel 
(nuda glarea), and the earth which had been dug 
out, was thrown in above until the surface was 
level. Where stones or gravel could not readily 
be procured, green willow poles were introduced, 
crossing each other in all directions (quoquoversus), 
or a sort of rope was constructed of twigs twisted 
together so as to fit exactly into the bottom of the 
drain ; above this the leaves of some of the pine 
tribe were trodden down, and the whole covered 
up with earth. To prevent the apertures being 
choked by the falling down of the soil, the mouths 
were supported by two stones placed upright, and 
one across (utilissimum est. . . . ora earum binis 
utrimque lapidibus statuminari et alio superintegi). 
To carry off the surface-water from land under 
crop, open furrows (sulci aquarii, elices) were left at 
intervals, which discharged themselves into cross 
furrows (colliquiae) at the extremities of the fields, 
and these again poured their streams into the 
ditches. (Cat. 43. 155 ; Col. ii. 2. 8 ; xi. 2 ; Pallad. 
vi. 3 ; Plin. H. N. xviii. 6. 19. 26 ; Virg. Georg. 
i. 113.) 

Measures of Land. — The measure employed 
for land in Latium was the jugerum, which was 
a double actus quadratus, the actus quadratus, an- 
ciently called acna, or acnua, or ognua, being a 
square, whose side was 120 Roman feet. The 
subdivisions of the as were applied to the j ugerum, 
the lowest in use being the scripulum, a square 
whose side was ten feet. 200 jugera formed a 
ccnturia, a term which is said to have arisen from 
the allotments of land made by Romulus to the 
citizens, for these being at the rate of 2 jugera 
to each man, 200 jugera would be assigned to 
every hundred men. Lastly, four centuriae made 
a saltus. We thus have the following table : — 

1 scripulum =100 square feet, Roman measure. 
144 scripula = 1 actus = 14,400 square feet. 

2 actus = 1 jugerum = 28,800 square feet. 
200 jugera = 1 centuria. 

4 centuriae = 1 saltus. 

Now, since three actus quadrati contained 4800 
square yards, and since the English imperial acre 
contains 4840 square yards, and since the Roman 
foot was about j! of an inch less than the im- 
perial foot, it follows that the Roman juger was 
less than | of an imperial acre by about 500 square 
yards. 

In Campania the measure for land was the 



AGRICULTURA. 



AGRICULTURA. 



47 



versus quadratus, a square whose side was 100 
feet, the words actus and versus marking the or- 
dinary length of furrow in the two regions. (Varr. 
It. li L 10, L. L. iv. 4 ; CoL v. 1 ; Plin. 77. N. 
iviii. 3.) 

Fences (sepes, sepimenta) were of four kinds : — 

1. Sejjimentuui nuturuie, the quickset hedge 
(viva sepes). 

2. Sepimentum agreste, a wooden paling made 
with upright stakes (paJi) interlaced with brush- 
wood (virgultis implicatis), or having two or more 
cross-spars (amitrs, longuria) passed through holes 
drilled in the stakes, after the manner of what are 
now termed flakes (palis latis perforatis et per ea 
foramina trajectis longuriis fere binis aut ternis). 

3. Sepimentum mititare, consisting of a ditch 
(fosrn) with the earth dug out and thrown up in- 
side so as to form an embankment (agger), a fence 
used chiefly along the sides of public roads or on 
the banks of rivers. 

4. Sepimentum fal/rile, a wall which might be 
formed cither of stones (maceria), as in the vicinity 
of Tusculum, or of baked bricks as in the north 
of Italy, or of unbaked bricks as in Sabinum, or 
of masses of earth and stone pressed in between 
upright boards (in formis), and hence termed 
formacii. These last were common in Spain, in 

Africa, and near Tarentum, and were said to last 
for centuries uninjured by the weather. (Varr. L 
14 ; Plin. If. N. xxxv. 14; comp. Col. v. 10, x. 3; 
Pal lad. i. 34 ; vi. 3.) 

Finally, after the land had been drained, di- 
vided, and fenced, the banks which served as 
boundaries, and the road-sides were planted with 
tree,, the elm and the poplar being preferred, in 
order to secure a supply of leaves for the stock and 
timber for domestic use. (Cat. 6.) 

I. 4. Villa Rustica. 

In erecting a house and offices, great importance 
was attached to the choice of a favourable position. 
The site selected was to be elevated rather than 
low, in order to secure good ventilation and to 
avoid all danger of exhalations from running or 
stagnant water ; under the brow of a hill, for the 
sake of shelter ; facing the cast so as to enjoy 
sunshine in winter and shade in summer ; near, 
but not too near to a stream, and with plenty of 
wood and pasture in the neighbourhood. The 
structures were to be strictly in proportion to the 
extent of the farm ; for if too large, the original 
cost is heavy, and they must be kept in repair at 
a great expense ; if too small, the various products 
would run the risk of being injured by the want 
of proper receptacles (ita edifices tie villa fumlum 
quarrat neve fundus villam, Cat. li. It. 3). The 
buildings were usually arranged round two courts, 
with a tank in the centre of each, and divided 
into three parts, named according to the purposes 
for which they were destined. I. (Part) Urbana. 
2. (I'art) Uustira. (I'ars) I'ruiiuaria. 

1 . / 'rbana. This comprehended that part of 
the building occupied by the master and his family, 
consisting of eating rooms (cornationrs) and sleep- 
ing apartments (culncula), with different aspects 
for summer and winter, baths (Imlnraria), and 
porticoes or promenades (amlmlationes). Columella 
recommends that this portion of the mansion should 
be made as commodious as the means of the pro- 
prietor will permit, in order that he himself may 
be tempted to spend more time there, and that the 



lady of the family (matrona) may be more willing 
to bear her husband company. 

2. Rustica. This comprehended that part of the 
building occupied by the servants, consisting of a 
large and lofty kitchen (culina), to which they 
might at all times resort, baths (balneae) for their 
use on holidays, sleeping closet3 (celiac) for the 
servi soluti, a gaol (ergaslulum) under ground for 
the servi vincti. In this division were included 
also the stables, byres, sheds, folds, courts, and 
enclosures of every description (stubula, bubilia, 
septa, ovilia, cartes) for the working oxen (domiti 
boves), and other stock kept at home, together with 
a magazine or storehouse (horreum) where all the 
implements of agriculture (omne rusticum instru- 
mentum) were deposited, and within this, a lock-up 
room for the reception of the iron tools (ferra- 
menta). In so far as the distribution of rooms 
was concerned, the overseer (villicus) was to have 
his chamber beside the main entrance (Janua), in 
order that he might observe all who came in or 
went out, the book-keeper (procurator) was to be 
placed over the gate, that he might watch the 
vil/icus as well as the others, while the shepherds 
(opiliones), oxmen (bubulci), and such persons were 
to be lodged in the immediate vicinity of the ani- 
mals under their charge. 

3. Fructuaria. This comprehended that part of 
the building where the produce of the farm was 
preserved, consisting of the oil cellar (cello, olearia), 
the press-house (eel/a torcularia), the vault for 
wines in the cask (cella vinaria), the boiling-room 
for inspissating must (defrutaria), all of which 
were on the ground floor, or a little depressed be- 
low the level of the soil. Above were hay-lofts 
(foenilia), repositories for chaff, straw, leaves, and 
other fodder (palearia), granaries (liorrea, gra- 
naria), a drying-room for newly cut wood (fuma- 
rium) in connection with the rustic bath flues, 
and store-rooms (apotliecac) for wine in the am- 
phora, some of which communicated with the 
fumarium, while others received the jars whose 
contents had been sufficiently mellowed by the 
influence of heat. 

In addition to the conveniences enumerated 
above, a mill and bake house (pistrinum. ct fur- 
num) were attached to every establishment ; at 
least two open tanks (j/iscinw, lacus sub dio), one 
for the cattle and geese, the other for steeping 
lupines, osiers, and objects requiring maceration ; 
and, where there was no river or spring available, 
covered reservoirs (cistcrnae suli tectis) into which 
rain water was conveyed for drinking and culinary 
purposes. (Cat. 3, 4, 14 ; Varr. i. 11 — 14 ; Col. 
L (i ; Gcopon. ii. 3.) 

II. In.stki'.mknta. 
The instrumentn employed to cultivate the 
ground were two-fold : a. Persons (homines) ; 
b. Aids to human toil (admMoula hominum), 
namely, oxen and other animals employed in 
work ; together with tools (instrumcnta), in the 
restricted sense of the word. 

II. a. Homines. 

The men employed to cultivate n farm might 
be either, I. free! labourers (o/ierarii), or 2. slaves 
(servi). 

1. I'rrr bilxmrert. Cnto considers the facility of 
procuring persons of this description, whom in ono 
place he calls merccmirii polilurcs, as one of the 



4? AGRICULTURA. 



AGRICULTURA. 



circumstances that ought to weigh with a purchaser 
in making choice of a farm ; for although a large 
proportion of the work upon great estates was, 
during the later ages at least of the Roman re- 
public, always performed by slaves, it was con- 
sidered advantageous to employ hirelings for those 
operations where a number of hands were re- 
quired for a limited period, as in hay-making, 
the corn harvest, and the vintage, or, according to 
the cold-blooded recommendation of Varro, in 
unhealthy situations where slaves would have died 
off fast, entailing a heavy loss on their owner. 
Operarii consisted either of poor men with their 
families, who were hired directly by the farmer, 
or of gangs (conductitiae liberoruin operae) who 
entered into an engagement with a contractor 
(mercenarius), who in his turn bargained with the 
farmer for some piece of work in the slump, or 
lastly, of persons who had incurred debt which 
they paid oif in work to their creditors. This, 
which was an ordinary practice in the earlier ages 
of the Roman republic, seems in later times to 
have been confined to foreign countries, being com- 
mon especially in Asia and Illyria. Free labourers 
worked under the inspection of an overseer (prae- 
fectus), whose zeal was stimulated by rewards of 
different kinds. 

2. Slaves (servi). Rustic slaves were divided 
into two great classes, those who were placed 
under no direct personal restraint (servi soluti), 
and those who worked in fetters (servi vincti) 
when abroad, and when at home were confined in 
a kind of prison (ergastulum), where they were 
guarded and their wants supplied by a gaoler (er- 
gastularius). Slaves, moreover, in large establish- 
ments, were ranked in bodies according to the 
duties which they were appointed to perform, it 
being a matter of obvious expediency that the 
same individuals should be regularly employed in 
the same tasks. Hence there were the ox-drivers 
(bubulci), who for the most part acted as plough- 
men also (aratores), the stable-men (jugarii), who 
harnessed the domestic animals and tended them 
in their stalls, the vine-dressers (vinitores), the 
leaf-strippers (frondatores), the ordinary labourers 
(mediastini), and many other classified bodies. 
These, according to their respective occupations 
worked either singly, or in small gangs placed 
under the charge of inspectors (magistri operum). 
When the owner (dominus) did not reside upon 
the property and in person superintend the various 
operations in progress, the whole farming esta- 
blishment was under the control of a general 
overseer (villicus, actor), himself a slave or freedman, 
who regulated the work, distributed food and 
clothing to the labourers, inspected the tools, 
kept a regular account of the stock, performed the 
stated sacrifices, bought what was necessary for 
the use of the household, and sold the produce of 
the farm, for which he accounted to the proprietor, 
except on very extensive estates where there was 
usually a book-keeper (procurator) who managed 
the pecuniary transactions, and held the villicus in 
check. With the villicus was associated a female 
companion (contubcrnalis mulier) called 'villica, 
who took charge of the female slaves, and the in- 
door details of the family. The duties and quali- 
fications of a villicus will be found enumerated 
in Cat. c. 5, and Colum. i. 8 ; comp. Geopon. ii. 
44, 45. 

The food of the slaves composing the household 



(familia) was classed under three heads, 1. Ciba- 
ria. 2. Vinum. 3. Pulmentarium. 

1. Cibaria. The servi compediti, being kept con- 
stantly in confinement, received their food in the 
shape of bread at the rate of 4 pounds (Roman 
pound=ll| oz. avoirdupois) per diem in winter, 
and 5 pounds in summer, until the figs came in, 
when they went back to 4 pounds. The servi 
soluti received their food in the shape of corn, at 
the rate of 4 modii (pecks) of wheat per month in 
winter, and 4^ in summer. Those persons, such 
as the villicus, the villica, and the shepherd (opi- 
lio), who had no hard manual labour to perform, 
were allowed about one fourth less. 

2. Vinum. The quantity of wine allowed varied 
much according to the season of the year, and the 
severity of the toil imposed, but a servus solutus 
received about 8 amphorae (nearly 48 imperial 
gallons) a year, and a servus compeditus about 10 
amphorae, besides lora [see Vinum] at discretion 
for three months after the vintage. 

3. Pulmentarium. As pulmentaria they received 
olives which had fallen from the trees (oleae ca- 
ducae), then those ripe olives (oleae tempestivae), 
from which the least amount of oil could be ex- 
pressed, and, after the olives were all eaten up, 
salt fish (halec), and vinegar (acetum). In addi- 
tion to the above, each individual was allowed a 
sextarius (very nearly an imperial pint) of oil per 
month, and a modius of salt per annum. 

The clothing (vestimenta) of the rustic la- 
bourers was of the most coarse description, but 
such as to protect them effectually from cold and 
wet, enabling them to pursue their avocations in 
all weathers. It consisted of thick woollen blanket 
shirts (tunicae), skin coats with long sleeves (pelles 
manicatae), cloaks with hoods (saga cucullata, cu- 
culiones), patch-work wrappers (centones) made out 
of the old and ragged garments, together with 
strong sabots or wooden shoes (sculponeae). A 
tunic was given every year, a sagum and a pair of 
sculponeae every other year. 

The number of hands required to cultivate a 
farm, depended almost entirely on the nature of 
the crops. 

An arable farm of 200 jugers where the ordi- 
nary crops of corn and leguminous vegetables were 
raised required two pairs of oxen, two bubulci and 
six ordinary labourers, if free from trees, but if 
laid out as an arbustum, three additional hands. 

An olive garden of 240 jugers required three 
pairs of oxen, three asses for carrying manure 
(asini ornati clitellarii), one ass for turning the 
mill, five score of sheep, a villicus, a villica, five 
ordinary labourers, three bubulci, one ass-driver 
(asinarius), one shepherd (opilio), one swineherd 
(subidcus) ; in all twelve men and one woman. 

A vineyard of 100 jugers required one pair of 
oxen, one pair of draught asses (asini plostrarii), 
one mill ass (asinus molaris), a villicus, a villica, 
one bubulcus, one asinarius, one man to look after 
the plantations of willows used for withes (salic- 
tarius), one subulcus, ten ordinary labourers ; in 
all fifteen men and one woman. (Cat. 5, 56 — 59, 
10, 11 ; Varr. i. 19 ; Colum. i. 7, 8, ii. 12.) 

In what has been said above, we have assumed 
that the proprietor was also the farmer, but it was 
by no means uncommon to let (locare) land to a 
tenant (politor, partiarius, Cat. ; colonus, Varr. 
Colum.), who paid his rent either in money (pen- 
sio ; ad pecuniam numeratam conduxit), as seems to 



Agriculture 



AGRICULTURAL 



49 



have been the practice when Columella wrote, or 
bv making over to the landlord a fixed proportion 
of the produce (non nummo sal partiltus locare), ac- 
cording to the system described by Cato, and al- 
luded to by the younger Pliny. These coloni some- 
times tilled the same farm from father to son for 
generations (coloni indigenue), and such were con- 
sidered the most desirable occupants, since they 
had a sort of hereditary interest in the soil, while 
on the other hand frequent changes could scarcely 
fail to prove injurious. The worst tenants were 
those who did not cultivate in person, but, living 
in towm (urbanus colonus), employed gangs of 
slaves. Upon the whole Columella recommends 
the owner of an estate to keep it in his own hands, 
except when it is very barren, the climate un- 
healthy, or the distance from his usual place of 
abode so great that he can seldom be upon the 
spot. Cato gives a table of the proportion which 
the partiarius ought to pay, accordins to the nature 
of the crop, and the fertility of the region ; but as he 
says nothing with regard to the manner in which 
the cost of cultivation was divided between the 
parties, his statement gives us no practical insight 
into the nature of these leases (Cat. 13(5, 137 ; 
Colum. i. 7, Plin. Epp. ix. 37, comp. iii. 19.) 

11.4. AnMINICfLA HOMINUM. 

The domestic animals employed in labour, and 
their treatment will be considered under the se- 
cond great division of our subject, j'astio, or the 
management of stock. 

The tools (irutrumenla) chiefly used by the farmer 
were the plough (arutrum), the grubber (irpex), 
harrows (crates,crates dentatao), the rake (rostrum), 
the spade (ligo, pala), the hoc (sarculum, b'uh-ns, 
mitrru [?]), the spud or wccdiiig-honk (runcti), the 
scythe and sickle (faU), the thrashing-machine 
(jilostrllum Poenicum, triljutum), the cart (p/o- 
strum), the axe (sccuris, dolabra). These will be 
described as we go along in so far as may be 
necessary to render our observations intelligible, 
but fur full information the reader must consult 
the separate articles devoted to each of the above 
words. 

III. Tiik Operations op Agriculture. 

The most important operations performed by the 
bn ibandman were: — I . Ploughing (arutio). 2. Ma- 
nuring (ili-rmratia). 3. Sowing (initio). 4. Harrow- 
OGg {peeatio). 5. Hoeing (mrritio). 6. Weeding 
(runcutio). 7. Heaping (me.mio). 0. Thrashing 
(Irilnra). 9. Winnowing (rcntilatio). 10. Storing 
up (conditio). 

The Klamen who offered sacrifice on the CVrealia 
to Ceres and Tellus, invoked twelve cele.it ial [>atrnns 
of these labours by the names I'rrnutur ; //r/yt- 
ralur ; Iiiijxirritor ; Insitor ; (j/xmilor ; Ocrnlor ; 
Sarrilor ; Subruncator ; Mtsvir; < onrrrtor ; f on- 
dilor ; I'romilor ; significant appellations which 
will be clearly understood from what follows. The 
functions of the last deity alone do not fall within 
imr limits ; but we shall add another to the list in 
the permit of SUrrnlin*. (Serv. ml [ '•'-/. tUnrg. i. 
•J I: Plin, H. N. xvii. 9; Lactant i. 20; Macrob. 
Sht i. 7; Prudent, Pcrulrph. iii. 119; Augustin. 

lie ('. I), i. XI ill. I .").) 

1. Ploughing (aratio). 

The Dumber of times that land was ploughed, 
\arying from two to nine, as well as the season at 



which the work was performed, depended upon the 
nature of the soil and the crop for which it was 
prepared. The object of ploughing being to keep 
down weeds, to pulverise the earth as finely as 
possible (Virg. Georg. ii. 204), and to expose every 
portion of it in turn to the action of the atmosphere, 
the operation was repeated again and again (Virg. 
Georg. L 47), until these objects were fully at- 
tained. When stiff low-lying soil (campus uligi- 
nosus) was broken up for wheat, it was usual to 
plough it four times, first (proscindere) as early in 
spring as the weather would permit (Virg. Georg. 

i. 63), after which the land was termed rercactum, 
and hence the god Vervactor ; for the second time 
(oft'ringere, iterare, vervacta suljigere), about the 
summer solstice, under the patronage of the god 
Ileparator, and on this occasion the field was cross- 
ploughed (Virg. Georg. i. 97) ; for the third time 
(tertiure), about the beginning of September ; and 
for the fourth time, shortly before the equinox, 
when it was ribbed (lirare) for the reception of the 
seed, the ribbing being executed under favour of 
the god Imporcitor, by adding two mouldlinards 
to the plough (arutrum auritum), one on each side 
of the share. (Varr. i. 29 ; Pallad. i. 43.) Rich 
soil on sloping ground was ploughed three times 
only, the ploughing in spring or at the beginning 
of September being omitted ; light (e.ri!is) moist 
soil also three times, at the end of August, early 
in September, and about the equinox ; whilst the 
poorest hill soil was ploughed twice in rapid suc- 
cession, early in September, so that the moisture 
might not be dried up by the summer heat (Virg. 
Georg. i. 70.) 

The greatest care was taken not to plough 
ground that had been rendered miry by rain, nor 
that which after a long drought had been wetted 
bj- showers which had not penetrated beyond the 
surface (Col. ii. 4 ; Pallad. ii. 3) ; but whether 
this last is really the terra, cariosa of Cato, as 
Columella seems to think, is by no means clear. 
(Cat. v. 34 ; comp. Plin. //. A r . xvii. 5.) 

With regard to the depth to which the share 
was to be driven, we have no very precise direc- 
tions ; but Columella recommends generally deep 
ploughing (ii. 2. §23; comp. Plin. //. .V. xviii. 
1C) in preference to mere scratching (scarifiitilio) 
with light shares (exiguis vonwribus ct dmtuJihus). 

The plough was almost invariably drawn by 
oxen, although Homer (It. x. 351 ; Od. viii. 124) 
prefers mules, yoked close together in such a 
manner as to pull by their necks and not by tin; 
horns, guided and stimulated chiefly by the voice. 
The lash was used very sparingly, and the young 
steer was never pricked by the goad (stimidus), 
since it was apt to render him restive and un- 
manageable. The animals were allowed to rest 
at the end of each furrow, but not to slop in the 
middle of it : when unharnessed, they were care- 
fully nibbed down, allowed to cool, and watered, 
before they were tied up in the stall, their mouths 
having been previously washed, with wine. (Col. 

ii. 2.) 

The ploughman (htjju/ain) was required to make 
perfectly .straight and uniform furrows (sulci, rurio 
nn arcs), so close to each other as altogether to ob- 
literate tin- mark of the share, and was particularly 
cautioned against missing over any portion of the 
ground, and thus leaving scamnu, that is, mosses 
of hard unstirred earth (nrrM crwlum to/urn rt 
immotum rilim/mit, </ii'»l ugricijac scamnum ro- 
ll 



50 



AGRICULTURA. 



AGRICULTURA. 



cant). The normal length of a furrow was 120 
feet, and this is the original import of the word 
actus. A distinction is drawn between versus and 
versura, the former being properly the furrow, the 
latter the extremity of the furrow, or the turning 
point ; but this is far from being strictly observed. 
(Col. ii. 5. §§ 27, 28.) 

Four days were allowed for the four ploughings 
of a juger of rich low-lying land (jugerum talis 
agri quatuor operis expeditur). The first ploughing 
(proscissio) occupied two days, the second (iteratio) 
one day, the third (tertiatio [?]) three fourths of a 
day, and ribbing for the seed one fourth of a day 
(in liram satum redigitur quadrante operae). The 
same time is allowed for the three ploughings of 
rich upland soil (colles pinguis soli) as for the four 
ploughings of the uliginosus campus, the fatigue 
being much greater, although the difficulties pre- 
sented by the acclivity were in some measure re- 
lieved by ploughing hills in a slanting direction, 
instead of straight up and down. (Cat. 61 ; Varr. 
i. 27. 29 ; Col. ii. 2, 4 ; Plin. H. N. xviii. 19, 20. 
26 ; Pallad. i. 6, ii. 3, viii. 1, x. 1 ; Geopon. ii. 
23 ; and comp. Horn. //. xiii. 704 ; xviii. 370. 
540 ; Od. v. 127.) 

2. Manuring (stercoratio). 

Manure (firms, stercus). The manure chiefly 
employed was the dung of birds and of the or- 
dinary domestic animals (stercus columbinum, bubu- 
lum, ovillum, caprinum, milium, cquinum, asininum, 
&c). This differed considerably in quality, ac- 
cording to the source from which it was procured ; 
and hence those who raised different kinds of crops 
are enjoined to keep the different sorts of dung 
separate, in order that each might be applied in 
the most advantageous manner. That derived 
from pigeon-houses (columbariis), from aviaries 
where thrushes were fattened (ex aviariis turdorum 
et merularum), and from birds in general, except 
water-fowl, was considered as the hottest and most 
powerful, and always placed apart, being sown by 
the hand exactly as we deal with guano at the 
present moment. The ancient writers very em- 
phatically point out the necessity of procuring large 
supplies of manure, which the Romans regarded as 
under the especial patronage of a god named Ster- 
cutius, and fanners were urged to collect straw, 
weeds, leaves of all sorts, hedge clippings, and 
tender twigs, which were first used to litter the 
stock, and then, when mixed with ashes, sweep- 
ings of the house, road-scrapings, and filth of every 
description, served to swell the dunghills (sterqui- 
linia). These were at least two in number, one 
being intended for immediate use, the other for 
the reception of fresh materials, which were allowed 
to remain for a year ; dung, when old and well 
rotted, being accounted best for all purposes, ex- 
cept for top-dressing of meadows, when it was 
used as fresh as possible. The dunghills were 
formed on ground that had been hollowed out and 
beaten down or paved, so that the moisture might 
not escape through the soil, and they were covered 
over with brushwood or hurdles to prevent evapo- 
ration. In this way the whole mass was kept con- 
stantly moist, and fermentation was still further 
promoted by turning it over very frequently and 
incorporating the different parts. 

The particular crops to which manure was chiefly 
applied will be noticed hereafter ; but in so far as 
regards the time of application it was laid down in 



September or October, on the ground that was to be 
autumn sown ; and in the course of January or Fe- 
bruary, on the ground that was to be spring sown. 
A full manuring (stercoratio) for a juger of land 
on an upland slope (quod spissius stercoratur) was 
24 loads (vehes), each load being 80 modii or pecks ; 
while for low-lying land (quod rarius stercoratur) 
18 loads were considered sufficient. The dung was 
thrown down in small heaps of the bulk of five 
modii, it was then broken small, was spread out 
equally and ploughed in instantly that it might not 
be dried up by the rays of the sun, great care being 
taken to perform these operations when the moon 
was waning, and if possible with a west wind. Ac- 
cording to the calculations of Columella, the live- 
stock necessary for a farm of two hundred jugers 
ought to yield 1440 loads per year ; that is, enough 
for manuring 60 jugers at the rate of 24 loads to 
the juger. In what proportions this was distributed 
is nowhere very clearly defined, and must neces- 
sarily have varied according to circumstances. If 
we take two statements of Cato in connection with 
each other, we shall be led to conclude that he ad- 
vises one half of the whole manure made upon a 
farm to be applied to the raising of green crops used 
as fodder (pabulum), one-fourth to the top-dressing 
of meadows, and the remaining fourth to the olives 
and fruit-trees. Columella recommends the ma- 
nuring of light soil (exilis terra) before the second 
ploughing ; but when rich lands were summer fal- 
lowed previous to a corn crop, no manure was con- 
sidered requisite. (Horn. Od. xvii. 297, Theo- 
phrast. n. <*>. A. iii. 25 ; Cat. 5, 7, 29, 36, 37, 61 ; 
Varr. i. 13, 38; Colum. ii. 5, 6, 9, 10, 14, 15, 
xi. 2 ; Pallad. i. 33, x. i ; Cic. de Senect. 15 ; Plin. 
H.N. xvii. 9, xviii. 19,23; Geopon. ii. 21, 22.) 

The system of manuring by penning and feeding 
sheep upon a limited space of ground was neither 
unknown nor neglected, as we perceive from the 
precepts of Cato (30), Varro (ii. 2. § 12), and 
Pliny (H. N. xviii. 53), all of whom recommend 
the practice. 

The ashes obtained by burning weeds, bushes, 
primings, or any sort of superfluous wood, were 
found to have the best effect (Virg. Georg. i. 81 ; 
Colum. ii. 15 ; Plin. xvii. 9 ; Geopon. xii. 4), and 
sometimes, as we know from Virgil (Georg. i. 84), 
it was deemed profitable to set fire to the stubble 
standing in the fields. (Plin. //. N. xviii. 30.) 
Caustic lime was employed as a fertiliser by some 
of the tribes of Transalpine Gaul in the time of 
Pliny, but in Italy its application seems to have 
been very limited and to have been confined to 
vines, olives, and cherry-trees. (Cat. 38 ; Pallad. 
i. 6 ; Plin. H.N. xvii. 9, xviii. 25, 30.) 

Marl also (marga) of different kinds was known 
to the Greeks, was applied by the Megarenses to 
wet cold lands, and was extensively employed in Gaul 
and Britain ; but not being found in Italy, did not 
enter into the agricultural arrangements of the 
Latins. Pliny devotes several chapters to an ela- 
borate discussion upon these earths, of which he 
describes various sorts which had been made the 
subject of experiment, classifying them according 
to their colour, their constitution, and their quali- 
ties ; the white (alba), the red (rufa), the dove- 
coloured (columbina), the clayey (argillacea), the 
sandy (arenacea), the stony (tophacea), the fat 
(pinguis), and the caustic [?] (aspera). Some of 
them we recognise at once, as for example, the fat 
white clayey marl chiefly used in Britain, the ef- 



AGRICULT (JRA. 



AGRICULTURA. 



£1 



fects of which were believed to endure for eighty 
years. (Plin. H. N. xvii. .5, 8 ; comp. Varro, i. 7, 
In Gallia Transulpina intus ad lihenum alir/uot 
reyiones accessi . . . ubi ayros stercorarent Candida 
fossicia creta.) 

Somewhat analogous to the use of marl was the 
system strongly recommended by Theophrastus and 
Columella, but condemned by Pliny, of combining 
soils in which some quality existed in excess, with 
those possessing opposite characters — dry gravel 
with chalky clay, or heavy wet loam with sand, — 
the object being frequently attained to a certain 
extent by subsoil ploughing, which was greatly ap- 
proved of as a means of renovating fields exhausted 
by severe cropping. (Theophrast. n. 4>. A. iiL 25 ; 
Colum. iL 15 ; Plin. H.N. xvii. 5.) 

When ordinary manures could not be procured 
in sufficient quantity, a scheme was resorted to 
which was at one time pursued in this country, 
and is still adopted with considerable success in 
many parts of Italy and in the sandy tracts of 
southern France. The field was sown about the 
middle of September with beans or lupines, which 
were ploughed into the ground the following 
Spring, in all cases before the pod was fully formed, 
and at an earlier stage of their growth on light 
than on stiff soils. Nay, many crops, such as 
beans, peas, lupines, vetches, lentils {err ilia, ci- 
cerula), even when allowed to come to maturity, 
were supposed to exercise an ameliorating influence, 
provided their roots were immediately buried by 
the plough, although perhaps in this case the bene- 
ficial effect may have resulted from the manure 
applied before they were sown. On the other 
hand, com in general, poppies, fenugreek, and all 
crops pulled up by the roots, such as cicerand flax, 
were supposed to exhaust (urere) the soil, which 
then required cither repose or manure to restore its 
powers. (Theophrast. n. A. viii. ; Cat. .'57 ; 
Varr. i. 23; Colum. ii. 13—15, xi. 2 ; Pallad. i. 
6, vi. 4, x. ; Plin. //. iV. xviL 9, xviii. 10. 14 — 
lo.) 

3. Sutciny (satio) 

May be considered under three heads. I . The 
time of sowing. 2. The manner of sowing. 3. 
The choice, preparation, and quantity of the seed. 

1. The seed-time (temntis) kot' tfoxTji', com- 
menced at the autumnal equinox, and ended fifteen 
days before the winter solstice. Few, however, 
began before the setting of the Pleiades (23d Oc- 
tober), unless on cold wet ground, or in those lo- 
calities where bad weather set in soon ; indeed, it 
was an old proverb that, while a late sowing often 
disappointed the hopes of the husbandman, an early 
one never realised them (maturam aalii»ii"n mrpe 
tlfri/irre xjerc, scrum numifiutm i/uin mala ait) ; and 
the Virgilian maxim is to the same purpose. Spring 
sowing (trimeitru tatui) was practised only in very 
deep stiff land, which would admit of being cropped 
for several years in succession (rcstihUit ai/er), or 
where, from peculiar circumstances connected with 
the situation or climate, such as the great incle- 
mency of the winters, it was impossible fur the 
fanner to sow in autumn ; and hence, generally 
speaking, was resorted to very sparingly, and for the 
DIOSt |>art from necessity rather than inclination. 

2. We can infer from incidental notices in agri- 
cultural writers, that the seed was committed to 
the ground in at least three different modes. 

a. Tho seed was cast upon a flat surface finely 



pulverised by the plough and harrow, and then 
covered up by ribbing the land (tertio cum arant, 
JACTO SE3IINE, bores lirare dicuntur). (Varr. i. 
29 ; comp. Colum. iL 1 3.) 

6. The land was ribbed, the seed was then 
dropped upon the tops of the lirae or elevated 
ridges, according to our fashion for turnips, liras 
autem rvstici vacant easdem porcas cum sic aratum 
est, ut inter duos latins distantes sulcos, mediits 
cumulus siccam sedem frumentis praebeal. (Colum. 
ii. 4. § 8.) This plan was followed on wet land 
to secure a dry bed for the seed, which would 
probably be covered up by hand-rakes (rastris). 

c. The land was ribbed as in the former case ; 
but the seed, instead of being dropped upon the 
ridge of the lira, was cast into the depression of the 
furrow, and might be covered up either by the har- 
row or by ploughing down the middle of the lira. 
This was practised on light, sloping, and therefore 
dry, land (nci/ue in lira scd sub sulco talis ayer 
seminandus est, Colum. ii. 4. § 11). 

It will be seen clearly that, whichever of the 
above modes was adopted, the seed would spring 
up in regular rows, as if sown by a drill, and that 
only one half of the land would be covered with 
seed. In point of fact, the quantity of seed sown 
on a given extent of ground was not above half of 
what we employ. 

Vetches, fenugreek, and some other crops, as 
will be noticed below, were frequently thrown 
upon land unprepared (cruda terra), and the seeds 
then ploughed in. The seed seems to have been 
cast out of a three-peck basket (trimtjiliam sato- 
riam, sc. oarfan), which from superstitious motives 
was frequently covered over with the skin of a 
hyaena. Pliny points out how necessary it was 
that the hand of the sower should keep time with 
his stride, in order that he might scatter the 
grains with perfect uniformity. 

3. The points chiefly attended to in the choice 
of seed com were, that it should be perfectly fresh 
and free from mixture or adulteration, and of an 
uniform reddish colour throughout its substance. 
When the crop was reaped, the largest and finest 
cars were selected by the hand, or, where the 
produce was so great as to render this impossible, 
the heaviest grains were separated by a sieve 
(r/uidr/uitl eaieratur capistcrio ea-puryandum erit) 
and reserved. In addition to these precautions it 
was not unusual to doctor seeds of all sorts (medicare 
senrina) by sprinkling them with an alkaline 
liquor (nitrum, i. c. probably carbonate of soda), 
or with the deposit left by newly expressed oil 
(amurca), or by steeping them in various prepara- 
tions, of which Bcveral are enumerated by Colu- 
mella and Pliny ; the object being twofold, in the 
first place to increase the quantity and quality of 
the produce, anil in the second place to protect it 
from the ravages of vermin, especially the little 
animal called curculio, pruhahly the same insect 
with our weevil. 

The quantity of seed sown vnried according to the 
soil, the situation, the season, and the weather, the 
general rule being that less was required for rich 
and finely pulverised (pinyuc rt putre), or light 
and sharp (yran/r), or thin poor soil (murrain, ui/r) 
than for such as was stiff and heavy (cranium, 
crclosum), or moderately tenacious ; less for an 
open field than for an nwMftffll, less at the begin- 
ning of the season than towards the close (although 
this is contradicted by Plinv, //. A'. x\iii. 21), and 
E 2 



52 



AGRICULTURA. 



AGRICULTURA. 



less in rainy than in dry weather, maxims which 
are fully explained by the authorities quoted be- 
low. The average amount of seed used for the 
three principal species of grain — wheat, spelt and 
barley — was respectively, five, ten, and six modii 
per juger. (Xenoph. Oecon. 17; Theophrast. ii. 6. and 
iii. 25 ; Cat. 34, 35 ; Varr. i. 29, 34, 40, 52 ; Co- 
lum. ii. 2, 3, 8, 9, 10, 13, xii. 2 ; Pallad. i. 6, 34, 
x. 2 ; Virg. Georg. i. 193, 219, 225 ; Plin. H. N. 
xiv. 21, xvi. 27, xviii. 24, 73 ; Geopon. ii. 15 — 20.) 

4. Harrowing (occatio) 

Might be performed at two different periods : 
after the first or second ploughing, in order to 
powder the soil completely ; and after sowing, in 
order to cover up the seed. When the land was 
encumbered with roots and deep-seated weeds, a 
grubber (irpex, Cat. 10. Varr. L.L. iv. 31) formed 
of a strong plank set with iron spikes was em- 
ployed, but in ordinary cases wicker hurdles (vi- 
mineae crates), sometimes fitted with teeth (den- 
tatae), were dragged over the ground ; or the clods 
were broken with hand-rakes (rastra). The seed, 
as we have seen above, being for the most part 
ploughed in, and the operation for that reason placed 
under the patronage of a god Obarator, the second 
harrowing (iteralio) was omitted, except where the 
surface still rose in lumps (Virg. Georg, i. 1 04) ; but 
since it was the duty of a good farmer to have his 
fields in the best order before he began to sow, the 
older Roman writers considered harrowing after 
sowing as a proof of bad husbandry. — " Veteres 
Romani dixerunt male subactum agrum, qui satis 
frugibus occandus sit." (Colum. ii. 4, 13, xi. 2 ; 
Plin. H.N. xviii. 20 ; Virg. Georg. i. 94, 104.) 

5. Hoeing (sarritio). 
The next care, after covering up the seed, was 
to loosen the earth round the roots of the young 
blades, in order that air and moisture might gain 
free access and enable them to send forth more 
numerous and more vigorous shoots and fibres 
(ut fruiicare possint). This process was termed 
o-tca\zia, sarritio, or sarculatio, and was carried 
on by hand with an instrument called sarculum, 
the form of which is not known. Corn was usu- 
ally hoed twice, for the first time in winter, as 
soon as it fairly covered the ground (cum sata 
sulcos contexerint), provided there was no frost ; 
and for the second time in spring, before the stalk 
became jointed (antequam seges in aHiculum eat) ; 
great care being taken at all times not to injure 
the root. On the first occasion, and then only, 
where the ground was dry and the situation warm, 
the plants, in addition to a simple hoeing (plana 
sarritio), were earthed up (adobruere). Columella 
recommends sarritio for almost all crops, ex- 
cept lupines ; but authorities differed much as to 
the necessity or propriety of performing the opera- 
tion in any case, and those who advocated its ex- 
pediency most warmly, agreed that the periods at 
which it ought to be executed, and the number of 
times that it ought to be repeated, must depend 
upon the soil, climate, and a variety of special 
circumstances. (Cat. 37 ; Varr. i. 18, 29, 36 ; 
Colum. ii. 11, xi. 2 ; Plin. H. N. xviii. 21, 26 ; 
Geopon. ii. 24 ; comp. Plaut. Cap,, iii. 5. 3 ; 
Virg. Georg. i. 155.) 

6. Weeding (runcatio). 
Hoeing was followed by weeding (j8ot avians, 



runcatio), which in the case of grain crops took 
place immediately before they began to blossom, 
or immediately after the flower had passed away. 
The weeds were either pulled up by the roots 
(evulsis inutilibus herbis), or cut over with a bill- 
hook, which Palladius terms runco. (Cat. 37 ; 
Varr. i. 30 ; Colum. ii. 11, xi. 2 ; Pallad. i. sub. 
fin. ; Plin. H. N. xviii. 21 ; Geopon. ii. 24.) 

But after the farmer had laboured with unre- 
mitting zeal in cleaning and pulverising the soil, in 
selecting and medicating the seed, in hoeing the 
young blades, and in extirpating the common 
noxious weeds (lolium, tribuli, lappae, cardui, 
rubi, avena), the safety of the crop was threatened 
by a vast number of assailants (turn variae illudant 
pestes) ; such as worms of various kinds (vermiculi) 
attacking both root and ear, caterpillars (uricae), 
spiders (phalangia), snails (limaces, cocMeae), mice 
(mures), moles (talpae), and the whole race of 
birds, besides which, each kind of plant was be- 
lieved to have its own special vegetable enemy, 
which, if not carefully watched, would spring up, 
choke, and destroy it. The most formidable of 
these pests are enumerated by Pliny (H. N. xviii. 
17), who proposes sundry precautions and remedies, 
of which many are ridiculous superstitions. But 
the foe dreaded above all others in the vineyard 
and the cornfield was a peculiar blight or mildew 
termed robigo, which wrought such havoc in damp 
low-lying situations that it was regarded as a ma- 
nifestation of wrath on the part of a malignant 
spirit, whose favour the rustic sought to propitiate 
by the annual festival of the Robigalia. [Robi- 

GALIA.] 

Another danger of an opposite description arose 
from the grain shooting up so rapidly that the stalk 
was likely to become immoderately long and weak. 
The danger in this case was averted by pastur- 
ing down the too luxuriant herbage with sheep 
(luxuriem segetum tenera depascit in herba), or by 
dragging over it an iron-toothed harrow (cratis et 
hoc genus dentatae stilis ferreis), by which it was 
said to be combed (pectinari). (Plin. H. N. xviii. 
17- 21 ; Virg. Georg. i. 151.) 

7. Reaping (messio). 

The corn was reaped as soon as it had acquired 
a uniform yellow tint, without waiting until it 
had become dead ripe, in order to avoid the loss 
sustained by shaking, and by the ravages of 
animals. The necessity of pursuing this course 
with regard to barley, is especially insisted upon ; 
but is quite at variance with modern practice. 
(Colum. ii. 9.) 

Varro describes three distinct methods of reap- 
ing (tria genera messionis). 

1. That followed in Umbria, where the stalk 
was shorn close to the ground with a hook (falx) • 
each handful was laid down ; and when a num- 
ber of these had accumulated, the ears were cut 
off, thrown into baskets (corbes), and sent to the 
thrashing-floor, the straw (stramentum) being left 
upon the field, and afterwards gathered into a 
heap. 

2. That followed in Picenum, where they used 
a small iron saw (serrula ferrea) fixed to the ex- 
tremity of a crooked wooden handle (ligneum in- 
curvum batillum) ; with this they laid hold of a 
bundle of ears which were cut off, the straw being 
left standing to be mown subsequently. 

3. That followed in the vicinity of Rome and 



AGRICULTURA. 



AORIC ULTURA. 



most other places, where the stalks were grasped 
iii the left hand and cut at half their height from 
the ground, the whole of the portion detached 
being conveyed in baskets to the thrashing-floor, 
and the part left standing being cut afterwards. 

The last two methods only are particularly no- 
ticed by Columella, who describes the instruments 
employed in the second under the names of pectines 
and mergi [ae ?] (multi mergis, alii pectinibus 
spicam ipsam legunt) ; and those employed in the 
third as falces vericulaiae (multi fulcibus vericulatis, 
atque iis vel rostratis vel denticulatis medium ctdmum 
secant) ; a series of terms which have never been 
very satisfactorily explained. In addition to the 
above, Pliny and Palladius describe a reaping- 
machine worked by oxen, which was much used 
in the extensive level plains of the Gauls. Virgil 
(Georg. i. 316), perhaps, alludes to binding up the 
corn in sheafs ; but his words are not so clear 
upon this point as those of Homer in the charm- 
ing picture of a harvest-field contained in the 
eighteenth book of the Iliad. (Varr. i. 50; Colum. 
ii. 20 ; Plin. //. A', xviii. .'50 ; Pallad. vii. 2 ; Geopon. 
ii. 25 ; comp. Horn. //. xi. 67, xviii. 550.) 

8. Tlirashing (tritura). 

After the crop had been properly dried and 
hardened (torrefacia) by exposure to the sun, it 
waa conveyed to the thrashing-floor (a\ws, aAay, 
or a\urfi, area). This was an open space, on some 
elevated spot over which the wind had free course, 
of a circular form, slightly raised in the centre to 
allow moisture to run otf. The earth was com- 
pressed by heavy rollers (gravi cyUndro, molari 
la/dde), pounded with rammers (paricaJis), and 
reduced to a solid consistency with clay and chaff, 
so as to present an even unyielding surface ; or, 
better still, paved with hard stones. Here the corn 
was spread out and beaten with flails (Itaculis excu- 
tere,fustibus cudere, perticis flagcllare); or more com- 
monly, except when the cars alone had been brought 
from the field, trodden out (exterere) by the feet 
of a number of men or horses, who were driven 
backwards and forwards within the ring. To pro- 
duce the effect more easily and more perfectly, the 
cattle were frequently yoked to a machine (trilm- 
lum, Iribula, traliea, trulia), consisting of a board 
made rough by attaching to it stones or pieces of 
iron, and loaded with some heavy weight ; or, what 
was termed a Punic wain ( plosleliurn I'oeiiicum) 
wag employed, being a set of toothed rollers 
covered with planks, on which gat the driver who 
guided the team. 

Attached to the area was a huge shed or half- 
cnclogi-d barn (nuljilarium), of sufficient dimensions 
to contain the whole crop. Hi re the corn was 
dried in unfavourable seasons before being thrashed, 
nnd hither it was hurriedly conveyed for shelter 
when the harvest work was interrupted by any 
Bidden storm. (Cat. .'(I, 12.'); Varr. i. 13, 51, 62; 
Colum. i. o", ii. 19 j Pallad. i. 36, viii. 1 ; Plin. //. 
,V. xviii. 29, 30; Horn. //. xiii. 588 ; xx. 495 ; xxi. 
77 ; Virg. Gcorg. i. 178; Geopon. ii. 26.) 

.0. Winnmriny (vcntilalio). 
When the grain was mixed with chaff, it was 
Ud down in small piles upon the area, in order 
that the lighter particles might be borne nway by 
tin- passing breeze ; but when the wind wag not 
sufficiently strong, it became necessary to winnow 
(rvmlilarc) it This was elfected by a labourer 



(KiKHTfrrip, ventilator) who tossed it up from a 
sieve (rannus, capisterium) or shovel (irrvov, venli- 
labrum), when the heavy portion fell down in a 
heap, and the chaff floated off through the air. 
When it was intended to keep the corn for any 
length of time, it was common to repeat the pro- 
cess (repurgare, repolire), that it might be tho- 
roughly cleaned. (Varr. i. 52; Colum. ii. 9. 20; 
comp. Horn. //. v. 499 ; xiii. 588.) 

10. Preservation of Corn (dc frumenlo scrvando). 

After the corn had been thrashed out and win- 
nowed, or at least the ears separated from the stalk, 
the next care was to store up (conderc) the grain in 
fitting repositories (granaria, horrcu). The great 
object in view being to preserve it from becoming 
mould}' or rotten, and to protect it from the ravages 
of vermin, especially the weevil (curculio), we find 
that very great diversity of opinion existed as to 
the means by which those ends might best be at- 
tained. By some the store-houses were built with 
brick walls of great thickness, for the purpose, it 
would seem, of securing a uniform temperature, 
and had no window or aperture, except a hole in 
the roof, through which they were filled. Others, 
again, raised these structures aloft on wooden 
columns, and allowed currents of air to pass 
through on all sides and even from below ; while 
others admitted particular winds only, such, namely, 
as were of a drying character. Alany plastered 
the walls with a sort of hard stucco worked up 
with amurca, which was believed to act as a safe- 
guard against vermin, while others considered the 
use of lime under any form as decidedly injurious. 
These and many different opinions, together with 
receipts for various preparations wherewith to 
sprinkle the com, will be found detailed in the 
authorities cited below, among whom Pliny very 
sensibly observes that the principal consideration 
ought to be the condition of the grain itself when 
housed ; since, if not perfectly dry, it must of ne- 
cessity breed mischief. In many countries, as in 
Thrace, Cappadocia, Spain, and Africa, the corn 
was laid up in pits (serobiljus) sunk in a perfectly 
dry soil and well lined with chaff, a practice now 
extensively adopted in Tuscany. Wheat in the 
car (cum spica sua) might, according to Varro, if 
the air was excluded, be preserved in such recep- 
tacles for fifty vcan>, and millet for an hundred. 
(Cat. 92; Varr. i. 57; Colum. i. 6 ; Pallad. i. 19; 
Plin. //. A r . xviii. 30 ; Geopon. ii. 27—31.) 

IV. Crops. 

Crops, as already remarked, may be divided 
into four classes : — 1 . Grain or corn crops. 2. Legu- 
minous crops, or pulse. 3. Crops cut green fur forage. 
4. Crops which supplied the raw materials for the 
textile fabrics. We might extend the number 
of classes did we purpose to treat of certain plants 
such as puppies (pajxtrrra) and sfstimum, raised 
to a small extent only, and confined to particular 
localities ; but our limits do not permit us to em- 
brace so wide a field of inquiry. 

In addition to the above, much attention was 
devoted to w hat may bo termed secondary crops ; 
those, namely, which did not afford directly food 
or clothing for man or beast, but which were re- 
quired in order to facilitate the cultivation nnd 
collection of the primary crops. Thus, beds of 
willows (indicia) for baskets and withes, and of 

E 3 



54 AGRICULTURA. 



AGRICULTURA. 



teeds (arundinela) for vine-props, were frequently in 
favourable situations very profitable, just as land 
in certain districts of Kent yields a large return 
when planted with young chestnuts for hop-poles. 

1. Corn Crops {frumenta). 
The word applied in a general sense to denote 
what we now call " the cereal grasses " was fru- 
menta ; but of these wheat being by far the most 
important, it is not wonderful that the term in 
question should be employed frequently to denote 
wheat specially, and occasionally in such a manner 
as to exclude other kinds of grain, as when Pliny 
remarks, " calamus altior frmucnto quam hordeo," 
meaning " in wheat the stalk is longer than in 
barley." The only frumenta which it will be 
necessary for us to consider particularly in this 
place are — 

a. Triiicum and Far ; h. Hordenm ; c. Panicum 
and Milium. 

a. Triticum and Far. No one entertains any 
doubt that triticum (irvpbs in Greek, and by the 
later writers (Titos) is the generic name for the 
grain which we denominate wheat ; but when we 
proceed to examine the different species or varieties, 
we are involved in many difficulties, for the 
botanical descriptions transmitted to us by the 
ancients are in all cases so imperfect, and in 
many instances so directly at variance with each 
other, that it becomes almost impossible to identify 
with certainty the objects to which they refer, with 
those familiar to ourselves. Columella (ii. 6 ; comp. 
Dioscorid. ii. 107 ; Theophr. H.P. viii. 1. 4), who 
attempts a systematic classification, assigns the first 
place among "frumenta" to Triticum and Semen 
adoreum, each of which contained several species or 
varieties. Among many different kinds of triticum 
he deems the following only desening of particular 
notice : — ■ 

1. Robus, possessing superior weight and bril- 
liancy (nitor). 

2. Siligo, very white, but deficient in weight. 
(Colum. ii. 9, § 13 ; Plin. H.N. xviii. 8.) 

3. Trimestre (jpiix^viaios s. rpi/xrivos), a sort of 
siligo, receiving its name from lying three months 
only in the ground, being spring-sown. We find 
this kind sometimes denominated Sifirivos also, 
since in very warm situations it came to maturity 
in two months after it was sown. 

Among the different kinds of Semen adoreum, 
the following are particularly noticed : — ■ 

1 . Far Clusinum, distinguished by its whiteness. 

2. Far venuculum rutilum. "(Both heavier than 

3. Far venuculum candidum. j the Clusinum. 

4. Halicastrum or Semen trimestre, very heavy 
and of fine quality. Here we must remark that 
although robus, siligo, and trimestre are set down as 
particular species or varieties of the more general 
term triticum, which is used in contradistinction to 
semen adoreum, it is much more usual to find triti- 
cum used in a restricted sense to denote ordinary 
winter wheat, in opposition to both siligo and ado- 
reum, and hence Pliny declares that the most com- 
mon kinds of grain were " Far, called adoreum by 
the ancients, siligo, and triticum. n 

Now, with regard to the three kinds of triticum 
enumerated above, we shall have little difficulty in 
deciding that they were not distinct species, but 
merely varieties of the same species ; for we are 
assured by Columella (ii. 9), that triticum, when 
.sown in wet land, passed in the course of three 



years into siligo, and by Pliny (xviii. 8) that siligo, 
in most parts of Gaul, passed, at the end of two 
years, into triticum ; again, Columella, in describing 
trimestre, admits (although contradicted by Plin. 
H. N. xviii. 7) that it is a variety of siligo, while 
modern experience teaches us that winter and spring 
wheats are convertible by subjecting them to pecu- 
liar modes of cultivation. Hence we conclude that 
robus and siligo were varieties of what is now 
termed by botanists Triiicum liybernum, and that 
trimestre was a variety of our Triticum aestivum, 
which is itself a variety of the liybernum. 

The question with regard to Far, Ador, Semen 
adoreum, Semen, Adoreum, names used indifferently 
by the Latin writers, does not admit of such an 
easy solution. But after a careful examination 
of the numerous, vague, perplexing, and contradic- 
tory statements scattered over the classics, the dis- 
cussion of which separately would far exceed our 
limits, we may with considerable confidence decide 
that far was a variety of the Greek £eo or £e'o, and 
of the modern Triticum spelta, if not absolutely 
identical with one or both. Spelt, which is fully 
recognised by botanists as a distinct species of triti- 
cum, is much more hardy than common wheat, suc- 
ceeding well in high exposed situations where the 
latter would not ripen, and its chaff adheres with 
singular firmness to the grain, both of which cir- 
cumstances were prominent characteristics of far. 
(Colum. ii. 8 ; Plin. H. N. xviii. 7, 8, 30.) In- 
deed, it was found impossible to get rid of the thick 
double case in which it was enclosed, by the ordi- 
nary modes of thrashing ; therefore it was stored 
up with the chaff attached (convenit cum palea sua 
condi et stipula tantum et aristis liberatur); and 
when used as food it was necessa^r to pound it in a 
mortar, or nib it in a mill of a peculiar construction, 
in order to separate the tenacious husks — a process 
altogether distinct from grinding, and indicated by 
the words pinsere, pistura, pistores. (Cat. 2 ; Plin. 
H. N. xviii. 10.) The idea entertained by some com- 
mentators, that the distinction between triticum and 
far consisted in the circumstance that the latter was 
awned while the former was beardless, is alto- 
gether untenable ; for not only does Pliny say ex- 
pressly in one passage (xviii. 10), far sine arista 
est, and in another (xviii. 30), as distinctly that far 
had aristae, but it is perfectly clear from Varro 
(i. 48 ; compare Plin. //. N. xviii. 7), that ordinary 
triticum had a beard, and from Pliny that siligo 
was generally, although not uniformly, without 
one — a series of assertions whose contradictory 
nature need occasion no surprise, since it is now 
well known that this, like colour, is a point which 
does not amount to specific difference, for white, 
red, awned, and beardless wheats are found to 
change and run into each other, according to soil, 
climate, and mode of culture. Another fact noticed 
by Pliny, to which, if correct, botanists seem not 
to have given due attention, is, that triticum had 
four joints in its stalk,/a?- six, and barley eight. 

All agree that triticum (we shall use the word 
hereafter in the restricted sense of common winter- 
wheat) succeeded best in dry, slightly elevated, 
open ground, where the full influence of the sun's 
rays was not impeded by trees, while siligo and fin- 
were well adapted for low damp situations and stiff 
clayey soils (Cato 34, 35 ; Varr. i. 9 ; Colum. ii. 6; 
Plin. xviii. 8). The sowing of winter wheat (satio 
autumnalis) whether triticum, siligo, or adoreum, 
commenced for the most part, according to the 



AGRICULTURA. 



AGRICULTURA 



ss 



Virgilian precept, after the morning setting of the 
Pleiades, that is, by the Roman calendar (ix. Kal. 
Nov.), after the 24th of October, and was always 
concluded before the 9th of December, it being a 
maxim strictly observed among prudent husband- 
men to abstain from all field work for fifteen days 
before, and fifteen days after the winter solstice. 
In wet or light soils, however, and in all ex- 
posed situations, where it was important that the 
roots should have a firm hold of the ground before 
the rains and frosts set in, the sowing was fre- 
quently completed by the end of September. 

Spring sowing (stutio trimeslris) was practised 
only when the fanner had been prevented by ac- 
cidental circumstances from completing his work in 
autumn ; or in those localities where, from the ex- 
treme cold and heavy snows, it was feared that the 
young blades would be destroyed in winter ; or 
finally, where, from the depth and stiffness of the 
soil (crassiludine), it might be cropped repeatedly 
without a fallow. In every case it was considered 
advisable to throw the seed as soon as the weather 
would permit, that is, in ordinary seasons, early in 
March. The quantity of seed required was from 
four to six modii of triticum or silujo to the jugcr 
according as the soil was rich or poor ; and from 
nine to ten modii of far. To understand this dif- 
ference, we must recollect that the far was stored 
up and sown out in its thick husks ; and, therefore, 
would occupy almost twice as much space as when 
cleaned like the triticum. The various operations 
performed upon the above quantity of seed before 
it could be brought to the thrashing-floor, required 
ten days and a half of work. — Four for the plough- 
man (IiuIjuIcus) ; one for the narrower (occator) ; 
three for the hocr (sarritor), two days on the first 
occasion, and one on the second ; one for the wecder 
(runeatur) • one and a half for the reaper (messor). 

The finest Italian wheat weighed from twenty- 
five to twenty-six pounds the modius, which cor- 
responds to upwards of seventy Knglish pounds 
avoirdupois to the imperial bushel, the Roman 
pound being very nearly 1 1 'ft oz. avoird., and the 
modius - 99119 of an imperial peck. The lightest 
was that brought from Gaul and from the Cherso- 
nese. It did not weigh more than twenty pounds 
the modius. Intermediate were the Sardinian, the 
Alexandrian, the Sicilian, the Rceotian, and the 
African, the two List approaching most nearly in 
excellence to the Italian. 

The proportion which the produce bore to the 
seed sown varied, when Cicero and Varro wrote, 
in the richest and most highly cultivated districts 
of Bicily and Italy from 8 to 10 for 1 ; 16 for 1 
was regarded as an extraordinary crop obtained in 
a I' w highly favoured spots only, while in the nge 
of Columella, when agriculture had fallen into 
deeny, the average return was less than 4 for 1 . 
Ports c f Kgypt, the region of Ryzncium In Africa, 
the neighbourhood of (iarada in Syria, and the 
territory of Syharis were said to render a hundred 
or even a hundred nnd fifty fold ; but these oc- 
comits were in all likelihood treat ly exaggerated. 
(Cic. in Vcrr. iii. 17 ; Varr. i. 41 ; Coliim. iii. 3. 
5 I ; Win. H. N. xviii. 21.) 

/•'ii- in uniformly represented as having been the 
first species of grain ever cultivated in Italy, and 
as such was employed exclusively in religious cere- 
monies. Hence who farina became the generic 
term for flour or meal whether derived from far, 
from triticum, or from any other cereal. Thus we 



read of trilicea farina, siliainea farina, liordeacea 
farina, even acenacea farina (Plin. //. A r . xviii. 9, 
xx. 13, xxii. 25). In the expressions far triticeum, 
far hordaceum found in Columella (viiL 5, 1 \),far 
is evidently used for farina, and we shall see 
that even siliijo is in like manner used to denote, not 
only the solid grain, but the flour produced by 
grinding it. This being premised, we may pro- 
ceed to examine the meaning of the terms pollen, 
similago s. simila, cilxirium, silir/o,ftos, alica, amy- 
lum, grunea, &c, several of which have never been 
clearly explained. Here again we can give the re- 
sult only of an investigation, in the course of which 
we are obliged to thread our way through state- 
ments at once obscure and irreconcilable. Regard- 
ing triticum and silujo as two well distinguished 
varieties of wheat, their products when ground 
were thus classed by millers : — 

From triticum, 

1. Pollen, the finest flour dust, double dressed. 

2. Simila, or SimUago, the best first flour. 

3. Ciljarium seeumlarium, second flour. 

4. Furfures, bran. 

From siligo, 

1. Siligo, the finest double-dressed flour, used 
exclusively for pastry- and fancy bread. 

2. Flos (siliginis), first flour. 

3. Cibarium seeumlarium, second flour. 

4. Furfures, bran. 

It would appear that Celsus (ii. 18), consider- 
ing wheat generally as triticum, called the finest 
and purest flour siliyo ; ordinary flour, simila ; the 
whole produce of the grain, bran, and flour mixed 
together, aurdirvpos. (Plin. //. A'. xviiL 8, 9, 
10, 11.) 

Alica is placed by Pliny among the different 
kinds of corn (xviii. 7), and is probably the same 
with the Ilalicastrum, Alicastrum, or spring-sown 
far of Columella Hut alica is also used to denote, 
not only the grain, but a particular preparation of 
it, most clearly described in another passage of 
Pliny (xviii. 11). The finest was made from 
Campanian zea, which was first nibbed in a wooden 
mortar to remove the husk, and then (excussis 
tunicis) the pure grain (nmlata medulla) was 
pounded. In this manner three sorts were pro- 
duced and classed according to their fineness, the 
minimum, the seeumlarium, and the coarsest or 
ap/iaerema, and each was mixed with a kind of fine 
white chalk, found between Naples and Puteoli, 
which became intimately amalgamated with it 
(transit in corj/iis, co/oremt/ue rt V ncritaic.m aj/'ert). 
This compound was the principle ingredient in a 
sort of porridge also called alica, while aliearhis, 
signifying properly one who pounded alica, fre- 
quently denotes a miller in general. (Plin, //. A', 
xviii. 7, 11, 29, xxii. 25 ; Cat. 7C> ; Cels. vi. G ; 
.Mart. ii. .'17, xiii. f> ; (ieopon. iii. 7.) 

A milium is starch, and the modes of preparing 
it arc described by Cato (87), and Pliny (//. .V. 
xviii. 7). 

Crimea wai wheat, not ground, but merely 
divested of its husk, ami made into a sort of por- 
ridge bv boiling it in water and then adding milk. 
(Cat. 89.) 

Ii. Ilnrdrum ». Ordrum (uplO-n ; Kpi, Horn.). 
Next in importance to triticum mid adnrcum, wa* 
hard, inn or barley, which was a more appropriate 
food for the lower animals than wheat, was better 
I 1 



56 AGRICULTURA. 

for man when made into polenta than wheat of an 
indifferent quality, and furnished excellent straw 
and chaff (stramentum, palea). 

The species most generally cultivated, termed 
liexastichum or cantherinum, was, we can scarcely 
doubt, identical with what we now call bear or 
bigg, the Hordeum hexastichon or six-rowed 
barley of botanists. It was sown after the vernal 
equinox (hence called Tpifj.7]vq, Theophr. H. P. 
viii. 1), upon land that had been twice ploughed, 
at the rate of five modii to the juger ; succeeded 
best in a dry, loose, rich soil ; and being an ex- 
hausting crop, the land from which it had been 
reaped was summer fallowed, or recruited by ma- 
nure. It was cut as soon as it was ripe ; for the 
stalk being brittle, was liable to be beaten down ; 
and the grain not being enclosed in an outer husk, 
was easily shaken. 

Another species, termed Galaticum or disti- 
chum, the same apparently with the modern Hor- 
deum vulgare, or with the Hordeum dislichum, 
varieties of the common two-rowed barley, was 
remarkable for its weight and whiteness, and an- 
swered well for mixing with wheaten flour in 
baking bread for slaves. It was sown in autumn, 
winter or early spring, at the rate of six modii to 
the juger. Five modii of seed hordeum required 
six days and a half of labour to bring it to the 
thrashing-floor ; viz. ploughing three days, harrow- 
ing (occatoria opera) one, hoeing (sarritoria) one 
and-a-half, reaping (messoria) one. 

Pliny speaks of hordeum as the lightest of all 
frumenta, weighing only 15 pounds to the modius 
(Roman pound=ll'8 oz. avoird.). In mild cli- 
mates it might be sown early in autumn. (Theophr. 
H. P. viii. 1 ; Cat. 35 ; Varr. i. 34 ; Colum. ii. 
9. §§ 14, 15, 16 ; Virg. Georg. i.210 ; Plin.//. N. 
xviii. 7, 10 ; Geopon. ii. 14.) 

c. Panicum and Milium are commonly spoken of 
together, as if they were only varieties of the same 
grain. The first is in all probability the Panicum 
miliaceum or common millet of botanists, the 
e'Au^os or fizhivT) of the Greeks ; the second is 
perhaps the Setaria Italica or Italian millet, which 
corresponds to the description of Keyxpos • while the 
species noticed by Pliny as having been brought 
from India less than ten years before the period 
when he wrote is, we can scarcely doubt, the 
Sorghum vulgare, or Durra of the Arabs. 

Panicum and milium were sown in spring 
(Virg. Georg. i. 216), towards the end of March, 
at the rate of four sextarii (pints) only to the 
juger, but they required repeated hoeing and 
weeding to keep them clean. They succeeded well 
in light loose soil, even on sand if well irrigated ; 
and as soon as the ears were fairly formed, they 
were gathered by the hand, hung up to dry in the 
sun, and in this state would keep for a longer 
period than any other grain. Milium was baked 
into bread or cakes, very palatable when eaten 
hot ; and both panicum and milium made good 
porridge (puis). Although not much used by the 
population of Italy, except perhaps in Campania, 
they formed a most important article of food in 
the Gauls, in Pontus, in Sarmatia, and in Ethio- 
pia. (Cat. 6 ; Colum. ii. 9. § 17 ; Plin. H. N. 
xviii. 7, 10, 26 ; Pallad. iv. 3 ; Geopon. ii. 38 ; 
Theophr. n. A. ii. 17, H. P. viii. 3 ; Dioscor. 
ii. 119.) 

Secale, rye, the Secale cereale of botanists, is not 
mentioned by any of the Greek writers unless it 



AGRICULTURA. 

be the iSpffc described by Galen (De Aliment. 
Facult. i. 2) as cultivated in Thrace and Macedonia 
(but this, in all probability, was a coarse variety of 
spelt), nor by Cato, Varro, Columella, nor Palla- 
dius. Pliny alone (H. N. xviii. 40) speaks of it, 
and in the following terms : — " Secale Taurini sub 
Alpibus Asiam vocant, deterrimum, et tantum ad 
arcendam famem : foecunda sed gracili stipula, 
nigritia triste, sed pondere praecipuum. Admis- 
cetur hnic far ut mitiget amaritudinem ejus ; et 
tamen sic quoque ingratissimum ventri est. Nas- 
citur qualicunque solo cum centesimo grano, ip- 
sumque pro laetamine est." In the previous 
chapter he makes it identical with farrago, that 
is, corn sown for the purpose of being cut green as 
fodder. See remarks upon Farrago below. 

Avena, the oat (fip6fios s. fipu/xos, Theophr. 
H. P. viii. 4 ; Dioscorid. ii. 16), the Avena sativa 
of botanists, need scarcely be noticed in this place 
since it cannot be raised as a grain with any ad- 
vantage in a climate so warm as that of Greece or 
of Italy. Columella (ii. 10. § 9) and Pliny (H. N. 
xviii. 42, Avena Graeca) recommended that it 
should be sown for green fodder, and the latter 
remarks that it became a sort of corn (frumenti fit 
instar) in Germany, where it formed a regular 
crop, and where oatmeal porridge was a national 
dish (neque alia pulte vivant, H. N~. xviii. 44. 
§ 1. comp. iv. 27, vi. 35). In another passage 
(H. iV. xxii. 68) the same author prescribes oat- 
meal (avenacea farina) steeped in vinegar as a 
remedy for spots on the skin. The Avena con- 
demned as a troublesome weed by Cato (R. R. 
xxxvii. § 5) and Virgil (steriles avenae, G. i. 154) 
is, probably, the Avena faiua of botanists, al- 
though Pliny (II. N. xviii. 44. § 1) makes no dis- 
tinction between this and the cultivated kind. 

Other cereals we may dismiss very briefly. 

Oryza (opv(a, 6pv(ov), rice, was imported from 
the East, and was much esteemed for making gruel 
( ptisand). 

Zea ((ta, C 6 ' a )i Ohjra QoKvpd), Tiplie (r't(pri), 
and Arinca, of which the first two are named by 
Homer, must be regarded as varieties of the Triti- 
cum Spelta or Far (Herod, ii. 36 ; Theophr. H. P. 
ii. 5, viii. 9 ; Dioscorid. ii. 110 ; Galen, de Ali- 
ment. Facult. i. 2, 13). The statements found in 
the eighteenth book of Pliny's Natural History in 
reference to these four are altogether unintelligible 
when compared with each other. He evidently 
copied, as was too often his custom, from a num- 
ber of discordant authorities without attempting 
to reconcile or thinking it necessary to point out 
their contradictions. In one place (xviii. 20. § 4) 
he says distinctly that Arinca is the Olyra of 
Homer, and in another he seems to say (xviii. 11) 
that Olyra in Egypt became Far (far in JEgypto 
ex olyra covficitur). Now we know from Hero- 
dotus (ii. 36) that in his time Olyra and Zea were 
considered synonymous, and that these exclusively 
were cultivated by the Egyptians. Hence we 
shall be led to conclude that the wheat which 
has been raised recently from the seeds discovered 
in the mummy cases is in reality the ancient Zea 
or Olyra, and from its appearance we should fur- 
ther be induced to identify it with the Triticum 
ramosum of Pliny (H. N. xviii. 21). 

With regard to Irio and Horminum, of which 
the former seems to have been called epvaifiov by 
the Greeks, both enumerated by Pliny among 
frumenta, although he afterwards somewhat quail- 



AGRICULTURA. 



AGRICULTURA. 57 



fies this assertion, we do not hazard a conjecture. 
(Plin. H. N. xviii. 10. § 1—22, xxii. 75.) 

We may conclude this section with an enumera- 
tion of the technical terms employed to denote the 
different parts of an ear and stalk of corn. 

The whole ear was named sjrica; the beard or 
awn arista ; the ear, when beardless, spica mu- 
tica, the white solid substance of the (Train, inti- 
mum solidum — nudala medulla — granum ; the 
husk which immediately envelopes the granum, 
gluma, with which cortex, tunica, folliculus, are 
used as synonymous ; the outer husk acus ; the 
outer husk with the short straw attached, palea ; 
the stem, stipula, culmus, to which scapus, caulis 
correspond in leguminous plants ; the knots or 
joints in the stem, geniculi, articuli ; the sheath- 
like blade in the stem from which the ear issues 
forth, vagina. 

2. Leguminous Crops (xtopoira, Legumina). 

The vegetables falling properly under this head, 
chiefly cultivated by the ancients, were : a. Faba; 
b. Lupinus ; c. Lens s. Lenticida ; d. Cicer ; e. 
Cicercula ; f. PhnsetAus ; g. Pisum ; to which, 
in order to avoid multiplying subdivisions, we 
may add Napi and Rapa, since in common with 
the legumina they served as food both for men and 
cattle. 

a. Faba. The ancient /aba, the Kva/no! of the 
Greeks, notwithstanding all that has been urged to 
the contrary, was certainly one of the varieties of 
our common field bean, the t'icia Faba, or Faba 
vulgaris arvensis of botanists. It required cither 
rich and stronir, or well manured land. If sown upon 
moist low-lying ground that had remained long 
uncropped (veteretum), no previous preparation was 
necessary ; but the seed was scattered and at once 
ploughed in ; the field was then ribbed and finally 
harrowed (cum semen crudosalo ingesserimus, inara- 
bimus, imporcatumr/ue occabimus), the object being 
to bury the seed as deep as possible. But if beans 
were to be sown upon land from which a corn crop 
bad been just reaped (resiibilis <«7er),aftcrthe stubble 
was cleared away, manure was spread at the rate 
of twenty four vehes to the jugcr, and then the re- 
maining operations were the same as above. Rich 
land required from four to six modii to the jugcr, 
poorer soil somewhat more. A portion of the seed 
was committed to the ground about the middle 
(media semcnti), the remainder at the end of the 
corn-sowing season (sejitimonlialis satio). Virgil 
(Ctorg. i. 215), indeed, following the practice of his 
own district, directs that beans should be sown in 
spring ; but this was disapproved of in the rest of 
Italy because the stalks (etudes — fulxilia), the pods 
(riliquae), and the husks (acus ftlmginum), all of 
which were of great value as food for cattle, were 
lew luxuriant in the spring-sown (trimcslris falxt) 
than in the autumnal crop. Columella recommends 
that beans should be hoed three times, in which 
case they required no weeding. When they had 
arrived at maturity, they were reaped close to the 
ground, were made up into sheaves (fasciculi), 
were thrashed by men who tossed the bundles with 
forks, tmmpled them under foot, and beat them 
with flails (liacutis), and finally, were cleaned by 
winnowing. The harvest took place in Central 
Italy about the enil of May, and hence the first of 
June was named Calendar Falmriar, because on 
that day new beans were me'l in - n r. >l nt« Vr«m 
four to six modii of seed required two days' work 



of the ploughman, if the land was newly broken 
up, but only one if it had been cropped the previous 
season ; harrowing occupied one day and a half, 
the first hoeing one day and a half, the second and 
third each one day, reaping one day ; in all, seven 
or eight days. 

Bean meal (lomentum, (Tjiyryna) was baked into 
bread or cakes (apTos Kvaiiivos), especially if 
mixed with the flour of wheat or millet ; when 
made into porridge (fabacia, puis fabata), it was 
accounted an acceptable offering to the gods and 
termed Refriva, — a name properly applied to the 
beans brought home and set apart for holy pur- 
poses. (Horn. //. xiii. 589 ; Cat. 35 ; Varr. i. 44 ; 
Colum. iL 10, 12 ; Pallad. ii. 9, vii. 3 ; Plin. H. N. 
xvii. 5, xviii. 12, xix. 3 ; Geopon. ii. 35 ; Dioscorid. 
ii. 127 ; Theophr. H. P. iv. 2, vii. 3, viii, 1 ; comp. 
Fest. s. p. Refriva; Gell. iv. 11, x. 15; Macrob. 
Sat. i. 12 ; Cic. de Div. i. 30 ; Ov. Fast. v. 436.) 

b. Lupinus, the dtpiios of the Greeks, seems to 
include the Lupinus albus, the L. luteus, and the 
L. pilosus of botanists, the common white, yellow, 
and rose lupines of our gardens. The first of the 
above species was that chiefly cultivated by the 
Romans, and is pronounced by Columella to be 
the most valuable of the legumina, because it de- 
manded very little labour, was a sure crop, and 
instead of exhausting, actually refreshed and ma- 
nured the land. Steeped in water and afterwards 
boiled, it formed an excellent food for oxen in 
winter, and might be used even for man during 
periods of scarcity. It could be sown as soon as 
thrashed, might be cast upon ground unprepared 
by ploughing or any other operation (crudis novali- 
bus), and was covered up anyhow, or not covered 
up at all, being protected by its bitterness from the 
attacks of birds and other animals. 

The proper season for sowing was early in au- 
tumn, in order that the stalks might acquire vigour 
before the cold weather set in ; the quantity of 
seed was ten modii to the juger, and the crop was 
reaped after it had remained a year in the ground. 
It succeeded well in any dry light land, but not in 
wet tenacious soil. Ten modii required in all only 
three days' work ; one for covering up, one for 
harrowing, and one for reaping, and of these opera- 
tions, the two first might, if there was a press of 
work, be dispensed with. (Cat. v. 35 ; Colum. ii. 

10, 10, xi. 2 ; Pallad. i. 6, ii. 9, vi. 3, vii. 3, ix. 2 ; 
Plin. //. A r . xviii. 14 ; Geopon. iL 39 ; Virg. 
O'corg. i. 75.) 

c. Lens s. Lenticida, the tpands of the Greeks, 
the modern Errum Lens, Vicia Lens, or Lentile, 
was sown twice a year, late in autumn (per medium 
scmentim) and early in spring, on dry light soil, in 
the proportion of rather more than a modius to tin; 
jugcr. It was recommended to mix the seed with 
dry manure, and after leaving it in this suite for 
four or five days, then to scatter it A modius and 
a half required eight days' work — ploughing, three ; 
harrowing, one ; hoeing, two ; weeding, one ; pul- 
ling, one. (Cat. 35 ; Virg. (Icorq. i. 228 ; Colum. 

11. 10, 12 ; xi. 2. ; Plin. //. N. xviii. 12, 31 ; 
Pallad. xii. 1 1 ; Theophr. //. /'. viii. 3 ; Dioscorid. 
ii. 129; Qeopxm. ii. 37; comp. Martial, xiii. 9. 1 ; 
Gell. xviii. 8.) 

d. Cicer, the iptSivOot of the Greeks. The 
Cicer ariitinum (Kpi6t) and the Cicer I'unicum, va- 
rieties of our common chick-pea, were sown in 
rich soil, during the month of March, in the pro- 
portion of three modii to the jugcr, the seeds 



58 



AGRICULTURA. 



AGRICULTURA. 



having been previously steeped to make them 
germinate more readily. The crop was considered 
injurious to the soil, and therefore avoided by 
prudent husbandmen. Three modii of Cicer re- 
quired four days for ploughing and sowing, two 
days for harrowing, one day for hoeing, one day 
for weeding, and three days for pulling (velhmtur 
tribus). (Colum. ii. 10, 12 ; Plin. //. ,V. xviii. 12 ; 
Dioscorid. ii. 126 ; Theophr. viii. 1, 3, 5, 6 ; Geo- 
pon. ii. 36.) 

e. Cicercula, the \d9vpos of the Greeks, the 
Lathyrus sativus of botanists, which Pliny seems 
to regard as a small variety of the Cicer, was 
sown in good land either at the end of October or 
at the beginning of the year, in the proportion of 
three modii to the juger. None of the legumina 
proved less hurtful to the ground, but it was rarely 
a successful crop, for it suffered most from the dry 
weather and hot winds which usually prevailed 
when it was in flower. Four modii of Cicercula 
required six days' work — ploughing, three ; harrow- 
ing, one ; weeding, one ; pulling, one. (Colum. ii. 
10, 12 ; Plin. H. N. xviii. 12 ; Pallad. ii. 5, iii. 4 ; 
Theophr. H. P. viii. 3 ; comp. Plutarch. Quaest. 
Rom.) 

f. Phaselus s. Phaseolus (<pa<TT]\os ; <paa4)ciXos • 
<paa , 'w?i.os), the common kidney-bean, succeeded 
best in rich land regularly cropped, and was sown 
towards the end of October in the proportion of 
four modii to the juger. These four modii re- 
quired three or four days' work, — ploughing, one 
or two, according to the soil ; harrowing, one ; 
reaping, one. The pods of the phaselus were some- 
times eaten along with the seeds, according to our 
own custom. (Virg. Georg. i. 227 ; Colum. ii. 10, 
12, xi. 2 ; Plin. H. N. xviii. 12 ; Pallad. ix. 12 ; 

2.1.) 

g. Pisum (iriffov • ir'uros ; iriVffos), the common 
field pea, succeeded best in a loose soil, a warm 
situation, and a moist climate. It was sown im- 
mediately after the autumnal equinox, in the pro- 
portion of rather less than four modii to the juger, 
and cultivated exactly in the same manner as the 
phaselus. (Colum. ii. 10, 13 ; Plin. H.N. xviii. 7, 
12 ; Theophr. H. P. iii. 27, viii. 3, 5.) 

Napus, the fiovvids of Dioscorides, is the mo- 
dern Rape, the Brassica rapa of botanists. Ro> 
pum, the 707711A.15 of Theophrastus, is the modern 
Turnip, the Brassica Napus of botanists. The 
value of these plants was in a great measure over- 
looked by the earlier Roman writers, while the 
Greeks regarded them too much in the light of 
garden herbs ; but Pliny enlarges upon their merits, 
and by the Gauls beyond the Po, who wintered 
their oxen upon them, their culture was deemed 
next in importance to that of corn and wine. They 
were highly useful as food for man, for cattle, and 
even for birds ; both the leaf and bulb were avail- 
able ; being very hardy, they could be left in the 
ground, or would keep well if stored up, and thus 
one crop might be made to hold out until another 
came in. They required loose, well-pulverised, 
atid highly-manured soil. Rapa succeeded best in 
low, moist situations, and were sown at the end of 
June after five ploughings (quinto sitlco) ; napi, 
which were more adapted for dry sloping land, at 
the end of August or the beginning of September, 
after four ploughings (quarto sulco) ; both, however, 
in wann and well-watered spots might be sown 
in spring. A juger required four sextarii (about 
four imperial pints) of turnip seed and five of 



rape seed, because the napus does not, like the 
rapum, expand into an ample bulb (non in ven- 
trcm latescit), but sends a thin root straight down 
(sed tenuem radicem deorsum agit). Columella, 
however, distinctly states that the rapum and 
napus passed into each other, under the influence 
of a change of soil or climate. Rapina is the term 
for a bed or field of turnips. (Dioscorid. ii. 134, 
136 ; Cat. v. 35 ; Colum. ii. 10 ; Plin. H. N. 
xviii. 13.) 

3. Green Forage Crops (Pabula). 

This term included all those crops which were 
cut green and employed exclusively as forage for 
the lower animals. The most important were : — 
a. Mediea. b. Foenum Graecum. c. Vicia. d. 
Cicera. e. Ervum, Emilia, f. Farrago, Ocy- 
mum. g. Foenum. The description of the last 
will involve an account of the system pursued in 
the management of meadows. 

a. Medica (MtjSik?) sc. ir6a) the modern Lu- 
cerne. The most important of all the plants cul- 
tivated for stock exclusively was Medica, so called 
because introduced into Greece during the Persian 
wars. When once properly sown, it would last 
for many years, might be cut repeatedly during 
the same season, renovated rather than exhausted 
the soil, was the best fattener of lean cattle, the 
best restorative for those that were sick, and so 
nourishing that a single juger supplied sufficient 
food for three horses during a whole year. Hence 
the greatest care was bestowed upon its culture. 

The spot fixed upon, which was to be neither 
dry nor spongy, received a first ploughing about 
the beginning of October, and the upturned earth 
was allowed to be exposed to the weather for the 
winter ; it was carefully ploughed a second time, 
at the beginning of February, when all the stones 
were gathered off, and the larger clods broken by 
the hand ; in the month of March it was ploughed 
for a third time and harrowed. The ground thus 
prepared was divided into plots or beds (areas) as 
in a garden, each fifty feet long and ten feet 
broad, so that ready access might be gained by 
the walks between for supplying water and ex- 
tirpating the weeds. Old dung was then spread 
over the whole, and the sowing took place at the 
end of April, a cyathus (about T ' 4 of an imperial 
pint) of seed being allowed for each bed of the 
dimensions described above. The seed was im- 
mediately covered in with wooden rakes (ligneis 
rastellis), and the operations of hoeing and weed- 
ing were performed repeatedly with wooden im- 
plements. It was not cut for the first time until it 
had dropped some of its seed, but afterwards 
might be cut as tender as the farmer thought fit. 
After each cutting it was well watered, and as 
soon as the young blades began to sprout, every 
weed was sedulously removed. Managed in this 
manner it might be cut six times a year for ten 
(Pliny says thirty) years. It was necessary to 
use caution in giving it at first to cattle, since it 
was apt to inflate them, and make blood too 
rapidly, but when they were habituated to its 
use it might be supplied freely. It is very re- 
markable that this species of forage, to which so 
much importance was attached by the Romans, 
has altogether disappeared from Italy. We are 
assured by M. Chateauvieux that not a single plant 
of it is now to be seen. (Varr. i. 42 ; Colum. ii. 
10, 28 ; Virg. Georg. i. 215 ; Pallad. iii. 6, v. 1 J 



AGRICULTURA. 



AGRICULTURA. 



59 



Plin. //. A r . xviii. 1G ; Dioscorid. ii. 177 ; Theophr. 
H. P. viii. 7.) 

b. Foenum-Graecum, variously termed rijAis, 
fiovKcpws 8. fiovicepas, Kepairis and alySxepas, 
the Trig'/nclla frjenum Craecum, or common Fenu- 
greek of botanists, was called Siliqua by country 
people, and succeeded best when totally neglected, 
care being taken in the first place not to bury the 
seed deep (scarificulione seritur). Six or seven 
modii, which was the allowance for a juger, re- 
quired two days for sowing and one for reaping. 
(Cat. 35 ; Colum. ii. 10, xi. 2 ; Plin. //. A r . xviii. 
1 6, xxiv. 1 9 ; Dioscorid. ii. 1 24 ; Theophr. //. P. 
iii. 17, viii. 8.) 

c. Vicia (aapaxov, the (}iki6v of Galen), some 
one of the varieties of the Vicia sativa, the Vetch 
or Summer (or Winter) Tare of botanists. It 
might be sown on dry land at different periods of 
the year, usually about the autumnal equinox when 
intended for green fodder ; in January or later, when 
raised for seed. (But see Plin. H.N. xviii 15.) 
The quantity required in the former case was seven 
modii to the juger, in the latter six. Particular 
care was taken not to cast the seed when then 
was dew or moisture of any sort upon the surface 
of the ground ; the period of the day selected for 
the operation was therefore some hours after sun- 
rise, and no more was scattered than could be 
covered up before night It required little labour — 
ploughing two days, harrowing one, reaping one ; 
in all, four days' work for six or seven modii. 
(Cat 35 ; Varr. i. 31 ; Virg. Georg. i. 75 ; Colum. 

11. 10. § 29, 12. § 3 ; Plin. //. X. xviii. 15 ; comp. 
Ov. Part. v. 267.) 

d. Cicera, the £>xpoi of Theophrasrus, the La- 
thyrui Cicera of botanists, was sown after one or 
two ploughings (prima vet altero sulco), in the 
month of March, the quantity of seed varying, ac- 
cording to the richness of soil, from two and a 
half to four modii for the juger. In southern 
9gaiB it was given to the cattle crushed (cicera 
/rem), steeped in water, and then mixed with 
chaff. Twelve pounds of ervum were considered 
equivalent to sixteen of cicera, and sufficient for a 
yoke of oxen. 

Cicera was cultivated for its seed also, and formed 
a not unpalatable food for man, differing little if at 
all in taste from the cicercula, but being of a 
(lurk, r colour. (Colum. Q. 1 1, § I, 12; Pallad. IT. 
6 ; Plin. //. A r . xviii. 12 ; Theophr. //. P. iv. 2.) 

e. Frvum, Krciliu, the upoGos of Dioseorides, are 
apparently varieties of the Ervum EtvUe, or Wild 
Tare of botanists. Ervum succeeded best in poor 
dry land ; might be sown at any time between the 
autumnal equinox and the beginning of March, at 
the rate of five modii to the juger, and demanded 
little care. The above quantity required six days' 
labour — ploughing and sowing two, harrowing one, 
hoeing one, weeding one, reaping one. (Varr. i. 32 ; 
Virg. Eel. iii. 100 ; Colum. ii. 10. « 34, 1 1. § 1 1, 

12. § 3, 13. § 1, vi. 3, xi. 2; Pallad. ii. 8; 
Plin. //. .V. xviii. 15 ; Theophr. //. /'. ix. 22 ; 
Dioscorid. ii. 131 ; comp Plant, \fi*tell. i. 1.) 

/. Farrago, On/mum. On comparing the- various 
authorities quoted at the end of this paragraph, al- 
though they abound in contradictions, we shall be 
ed to conclude — 

I. That farrago was the general term employed 
to denote any kind of corn cut green fur fodde r. 
The name was derived from far, the refuse of that 
groin being originally sown for this purpose (Jar- 



rago ex recrcmentis farris praedensa seritur), but 
afterwards rye (secale), oats (avenue), and barley, 
were employed ; the last-mentioned being, in the 
estimation of Columella, the best ; and these grains 
were not always sown alone, but frequently with 
an admixture of the vetch and various legumina. 
Hence farrago is used by Juvenal to denote a 
confused medley of heterogeneous topics. 

2. That as farrago properly denoted corn cut 
green for fodder, so ocymum was the name given 
to plants of the bean kind, when used in the same 
manner, before they came to maturity, and formed 
pods. Manlius Sura gives the proportions of ten 
modii of beans, two of vetches, and two of erviliae 
to the juger ; and this combination was said to be 
improved by the addition of Avena Graeca, sown 
in autumn ; it was the first crop available in the 
early part of the year, and hence, of the three forms 
ocinum, ocimum, ocymum, we can scarcely doubt 
that the last is the most accurate, and that the 
name was given on account of the rapidity of its 
growth in spring. From the expression of Pliny, 
" Apud antiquos erat pabuli genu3 quod Cato 
Ocymum vocat," and the silence of Columella, 
who mentions the garden herb ocymum (basil) 
only, we infer that this sort of pabulum was little 
used after the time of Varro. The notion of 
Gcsner that ocymum is clover, the wkv6oov rpnrt- 
tt)\ov of Callimachus, is directly at variance with 
the statements of Pliny, who mentions trifolium as 
a distinct plant (Cat 27, 53, 54 ; Varr. i. 23, 
31 ; Colum. ii. 10. § 31, 3:, xi. 3. § 29 ; Plin. 
//. A*, xviii. 16.) 

g. Foenum, Praia. So much importance was at- 
tached to stock, that many considered a good mea- 
dow as the most valuable species of land, requiring 
little trouble or outlay, subject to none of the casual- 
ties to which other crops were exposed, affording a 
sure return every year, and that twofold, in the 
shape of hay and of pasture. The meadows were of 
two kinds, the Dry Meadow (siccaiicum pralum) and 
the Irrigated or W ater Meadow (pralum riguum). 
The hay produced from a meadow whose own rich 
natur.il moisture did not require an artificial 
stimulus was the best Any land which declined 
with a gentle slope, if cither naturally rich and 
moist, or capable of irrigation, might be laid down 
as a meadow, and the most approved method of 
procedure was the following : — The land having 
been thoroughly ploughed and well laboured in 
summer, was in autumn sown with rapa, or napi 
or beans, the following year with wheat, and in 
the third year, all trees, bushes, and rank weeds 
having been extirpated, with the vetch (vicia) 
mixed with grass seeds. The clods were broken 
down with rakes, the surface accurately levelled 
by wicker hurdles, so that the scythe of the mower 
(foenuccu) might nowhere encounter any obstacle. 
The vetches were not cut until they had arrived at 
maturity and begun to drop their seed ; and after 
they had been removed, the gnus, when it had at- 
tained to a proper height, was mown and made 
into hay. Then the irrigation commenced, pro- 
vided the soil was stiff, fur in loose earth it wai 
necessary to allow the grass roots to obtain a firm 
hold. For the first year no stock were permitted 
to gra7.e Lett their feet should poach up the soft 
ground, but the young blades were cut from time 
to tine. In the second year, after the hay-making 
was over, if the ground was moderately dry and 
hard, the smaller animals were admitted, but no 



(JO AGRICULTURA. 



AGRICULTURA. 



horses or oxen until the third. About the middle 
of February in each year, an abundant top-dressing 
of manure mixed with grass-seeds was applied to 
the upper part of the field, the benefit of which 
was extended to the lower portions by the flow 
either of natural rain or of artificial streams. 
When old meadows became mossy, the best re- 
medy was to sprinkle ashes copiously, which in 
many cases killed the moss ; but when this failed, 
the most sure plan was to break up the land afresh, 
which, having lain long undisturbed, was sure to 
afford abundant crops. 

In making hay, the grass was to be cut ( falci- 
bus subsecari) before the stem had begun to lose 
its natural moisture, while the seed was not yet 
perfectly ripe ; and in drying, it was essential to 
avoid the two extremes of exposing it for too long 
or too short a time to the sun and air. In the 
former case, the juices were sucked out, and it 
became little better than straw ; in the latter, it 
was liable to ferment, heat, and take fire. After 
being properly turned over with forks (furcillis 
versari) it was collected and laid in regular swathes 
(coartabimus in strigam), and then bound into 
sheaves or bundles (atque ita maniplos vinciemus). 
The loose stalks were next raked together (rastellis 
eracli) and the whole crop (foenisicia) carried home 
and stored in lofts, or, if this was not conve- 
nient, built up in the field into conical ricks (in 
metas extrui conveniet). Lastly, the inequalities 
passed over by the mowers (quae foeniseces prae- 
terierunt) were cut close and smooth (sicilienda 
praia, id est, falcibus consectanda), an operation 
termed sicilire praium, the gleanings thus obtained, 
which formed a sort of aftermath, being called 
foenum cordum,, or sieilimenta. (Cat. 5, 8, 9, 29, 
SO ; Varr. i. 7, 49 ; Colum. ii. 16—18; Pallad. 
ii. 2, iii. 1, iv. 2, x. 10.) 

4. Crops affording Materials for textile Fal>rics. 

Of these, the most important were, a. Cannabis : 
b. Linum. 

a. Cannabis (k6.vvo.Sis, KotvvaSos) the Canncd/is 
saliva, or Common Hemp of botanists, required 
rich, moist, well-watered, deeply trenched, and 
highly manured land. Six grains were sown in 
every square foot of ground during the last week 
in February, but the operation might be delayed 
for a fortnight if the weather was rainy. Colu- 
mella is unable to give any details with regard to the 
amount of time and labour necessary for raising a 
crop of hemp. (Varr. i. 23 ; Colum. ii. 10, 12, 
21 ; Plin. H.N. xix. 9 ; Dioscorid. iii. 165.) 

b. Linum (hivuv), the Linum usitatissimum, or 
Common Flax of botanists, being regarded as a 
very exhausting crop, was altogether avoided, un- 
less the soil happened to be peculiarly suitable, or 
the price which it bore in the district very in- 
viting (nisi pretium provitat). It was sown from 
the beginning of October until the end of the first 
week in December, in the proportion of eight modii 
to the juger, and sometimes in February at the rate 
of ten modii. On account of its scourging qualities 
(Virg. Georg. i. 77), it was generally grown upon 
rich land, such being less liable to be seriously in- 
jured, but some sowed it very thick upon poor 
land, in order that the stalks might be as thin, and 
therefore the fibres as delicate as possible. (Virg. 
Georg. i. 212; Colum. ii. 10, 14; Plin. H. N. 
xvii. 9, xix. 1 ; Pallad. xi. 2 ; Geopon. ii. 10 ; 
Dioscorid. ii. 125 ; Theophr. //. P. viii. 7.) 



Succession or Rotation of Crops. 

It is evident from the instructions given by 
Columella (ii. 4) for ploughing the best land, that 
a summer fallow usually preceded a corn crop. For 
since the first ploughing was early in spring, the 
second in summer, and the third in autumn, it is 
impossible that a crop could have been raised upon 
the ground during any portion of the period here 
indicated ; and the same author expressly states 
elsewhere (ii. 9), in accordance with the Virgilian 
precept (G. i. 71), that the land upon which wheat 
(far, siligo) was grown ought to repose every other 
year ; in which case, however, manure might be 
dispensed with. Nor did this plan apply to corn 
alone, for it would seem to have been the general 
practice to permit nearly one half of the farm to 
remain at rest, while the productive energies of the 
other moiety were called into action. It will be 
seen from the calculations with regard to time and 
labour for an arable farm containing 200 jugers 
(Colum. ii. 12), that 100 jugers only were sown 
in autumn, 50 with wheat, 50 with leguminous or 
green crops ; and if spring-sowing was resorted to, 
which was by no means general, 30 more, so that 
out of 200 jugers, at least 70, and more frequently 
100, were left fallowed. 

There were, indeed, exceptions to this system. 
Some land was so peculiarly deep and rich that it 
might be cropped for two or more years in succes- 
sion (terra restibilis) ; but in this case it was re- 
lieved by varying the crop, the field from which 
winter wheat (far) had been reaped being highly 
manured and sown immediately with beans, or the 
ground which had borne lupines, beans, vetches, 
or any renovating crop, was allowed to lie fallow 
during winter and then sown with spring-wheat 
(far) (Virg. Georg. i. 73 ; comp. Plin. H. N. 
xviii. 21), while a third rotation, still more favour- 
able, was to take two leguminous or renovating 
crops after one exhausting or com crop. In Cam- 
pania, the extraordinary fertility of the soil al- 
lowed them to tax its energies much more severely, 
for there it was common to sow barley, millet, 
turnips (rapa), and then barley or wheat again, the 
land receiving manure before the millet and turnips, 
but never remaining vacant ; while that peculiarly 
favoured district near Naples, called the Campi 
Laborini, or Terrae Laboriae, now the Terra di 
Lavoro, yielded an uninterrupted series of corn 
crops, two of far, and one of millet, without a 
moment of repose (seritur toto anno, panico semel, 
bis farre). (Cat. 35 ; Varr. i. 44 ; Virg. Georg. i. 
71, &c. ; Colum. ii. 9, 10, 12 ; Plin. H.N. xviii. 
21, 23.) 

It will be proper, before bringing this part of 
the subject to a close, to explain a word which 
may occasion embarrassment in consequence of its 
signification being variously modified by the Roman 
agricultural writers. This is the adjective novalis, 
which frequently appears as a substantive, and in 
all the three genders, according as ager, terra, at 
solum is understood. 

1. The original meaning of novalis or novate, 
looking to its etymology, must have been, land 
newly reclaimed from a state of nature ; and in 
this sense it is used by Pliny (H.N. xvii. 5), 
Talis (sc. odor) fere est in novalibus caesa vetere 
sylva. (Comp. Callistr. in Pand. xlvii. 21. 3.) 

2. Varro, in his treatise De Lingua Latina (v. 
39 ; comp. vi. 59, ed. Miiller), places novalis ager^ 



AGRICULTURA. 



AGRICULTURA. 61 



land which is allowed occasionally to repose, in 
opposition to restibilis ager, land which is cropped 
unceasingly, — Ager restibilis qui resiituitur ac re- 
seritur quotquot annis ; contra qui intermittitur a 
novando novalis, — and hence Pliny (//. X. xviiL 
1 9), Novate est qwxl alternis annis seritur. 

3. Varro, in his Treatise De He Rustica (i. 29), 
defines Seges to mean a field which has heen 
ploughed and sown ; arvum, a field ploughed but 
not yet sown ; novalis ubi satum fait antequam se- 
cunda aratione renovetur, ambiguous words which 
may be interpreted to denote a field which has 
borne a crop, but which has not been ploughed for 
a second crop ; in which case it will be equivalent 
to a fallr/w field. 

4. Columella, in one passage (vi. praef. § 1), 
employs novate solum for new or virgin land un- 
touched by the plough ; for in contrasting the 
tastes of the agriculturist and the grazier, he re- 
marks that the former delights r/uam maxime Suh- 
arto el puro solo, the latter novali graminosoque ; 
and Varro (ii. praef. § 4) in like manner places no- 
valis as pasture land, in opposition to seges, as corn 
land, — Itos domitus causa fit ut commodius Jiascatur 
frumenlum in segete et ■pabulum, in novali. 

5. Columella, in another passage, places culta 
novalia, land under tillage in a general sense, in 
opposition to rwlis ager, land in a state of nature ; 
and thus we roust understand the haec tarn culta 
novalia in Virgil's first Eclogue (v. 71), and lonsas 
novates, the cultivated fields from which a crop has 
been reaped, — a phrase which forms the connecting 
link between this meaning and that noticed above 
under 3. (Comp. Pallad. i. 6, ii. 1 0.) 

D. PASTIO. 

The second great department of our subject is 
Pastio, s. Res Pasioricia, s. Scientia Pastoralis, 
these terms being all alike understood to denote 
the art of providing and feeding stock so as to 
yield the most ample profit. 

Rut Pastio must be considered under the two- 
fold forms of 

0. Pastio Agrcstis s. Res Pecuaria, and 
P. Pastio Villalica. 

The former comprehending the management of 
cattle, sheep, horses, &c. ; the latter of poultry, 
game, fish, bees, and some other animals to be 
noticed hereafter. 

o. PASTIO AOBJUTI8 8. RES PECCARIA. 
Contains three heads : 

1. Minores PccwJcs, including, 1. Sheep ; 2. 
Goats ; 3. Swine. 

II. Majores Pecudes, including, 1. Kinc ; 2. 
Hones ; 3. Asses ; 4. Mules. Varro indeed, for 
no reason apparently except to preserve a sort of 
numerical symmetry, places mules in the third 
division, but as they evidently belong to the game 
claw as horses and asses, we have to this extent 
departed from his arrangement. 

III. Animals provided not for the profit which 
they yield directly in the market, but necessary 
for the proper maintenance of the foregoing : these 
arc — 

1. Dogs (canes) ; 2. Feeders (pastures). 

Again, in each of these nine subdivisions (with 
the exception of mules who do not breed) atten- 
tion must be direrted to nine different circum- 
stances, of which four arc to Ik- considered in the 
purchase of stock (in pecore jxirando), four in the 



feeding of stock (in pecore pascendo), while the 
ninth, of a more general character, relates to num- 
ber (de numcro). 

The four circumstances which demand attention 
in purchasing stock are, a. The age of the animal 
(aetas). b. His points (cognitio formae) by which 
we determine whether he is good of his kind. 
c. His breeding (quo sit seminio), by which we de- 
termine whether he is of a good kind. d. The 
legal forms (dejure in parando) essential to render 
a sale valid, and the warranty which the buyer 
may demand (quemadmodum quaniquc pecudem 
emi oportcat civili jure). 

The four circumstances to he considered after a 
breeding stock has been acquired are, e. The mode 
of feeding (pastio) in answer to the questions 
where, when, and trit/i what (in qua regione, et 
quando et queis). f. The impregnation of the 
female, the period of gestation, and her treatment 
while pregnant, all of which are embodied m the 
word foetura. g. The rearing of the young (nu- 
tricatus). h. The preservation of their health, and 
treatment when diseased (de sanitate). 

i. The ninth and last inquiry (de numern) re- 
lates to the number of flocks and herds which can 
be maintained with advantage in a given space, 
the number of individuals which it is expedient to 
combine into one flock or herd, and the proportions 
to be observed with regard to the sex and age of 
the members of each flock and herd. 

In following the divisions .and topics indicated 
above, we omit the discussions on the diseases of 
stock and their remedies, which abound in the 
agricultural writers, and which form the subject of 
an elaborate treatise (Mulo-medicina s. De Arte 
Veterinaria), bearing the name of Vegetius, which 
is probably a translation or compilation from the 
works <jf the Greek iViriaTpoi, or veterinary sur- 
geons, executed at a late period. 

I. Minores Pecudes. 

1. Sheep (pecus ovillum s. oviurium) were di- 
vided into two classes with reference to their 
wool. 

(1.) Pecus hirtum, whose fleeces were not pro- 
tected artificially. 

(2.) Pecus Tarintinum s. Pecus (Iraecum s. Ovcs 
pellitae s. Oves lectac, whose fleeces were protected 
from all external injury by skin jackets. Their 
wool being thus rendered finer, and being more 
easily scoured and dyed, brought a higher price 
than any other. 

Sheep were likewise divided into two classes 
according as they were home-fed or reared in 
extensive and distant pastures ; wc first consider 
them under this point of view. 

Hollle-fell sheep ( grrgrs riHiiliri) Were allowed 

to pasture in the fields around the farm during a 
portion of the year, wherever the nature of the 
country and the system of cultivation pursued 
rendered this practicable, or, more frequently, 
were kept constantly confined in sheds (stabu/a — 
septa — ovilia), built in warm and sheltered situa- 
tions, with hard floors sloping outwards to prevent 
the accumulation of moisture, which was regarded 
as particularly injurious to both the feet and the 
fleece. They were fed upon cytisus, lucerne, 
barley, and leguminous seeds, or when such rich 
nnd succulent food could not be obtained, on hay, 
bran, chaff, grape husks, and dry leaves, espe- 
cially those of the elm, oak, nnd fig, being at all 



02 AGRICULTURA. 



AGRICULTURA. 



times plentifully supplied with salt. They were 
littered with leaves and twigs, which were fre- 
quently changed, and the pens were kept care- 
fully clean. 

The more numerous flocks which were reared in 
extensive pastures {qui in saltibus pascuntur) usually 
passed the winter in the low plains upon the coast, 
and were driven by regular drift roads {calks 
ptiblicae) in summer to the mountains of Central 
Italy, just as in modern times vast droves pass 
every autumn from the Abruzzi to seek the more 
genial climate of Puglia or the Maremma. Those 
who were employed to watch them {opiliones) 
being often at a great distance from home were 
furnished with beasts of burden for transporting 
the materials required in the construction of folds 
and huts, at their halting places, and all the stores 
necessary for themselves and their charge. The 
sheep were usually collected every night to secure 
them against robbers and beasts of prey ; in sum- 
mer they fed in the morning and evening, and re- 
posed during the noontide heat in sheltered spots, 
while in winter they were not allowed to go out 
until the frost was off the ground. The flocks 
were often very numerous, containing sometimes 
15,000 head, one shepherd {opilio) being allowed 
to every five or six score. 

The breeds most prized by the early Romans 
were the Calabrian, the Apulian, which were short 
woolled {breves villa), the Milesian, and, above all, 
the Tarentine ; but in the time of Columella those 
of Cisalpine Gaul from the vicinity of Altinum 
(Mart. xiv. 153), and those from the Campi Macri 
round Parma and Mutina were especially es- 
teemed. The system of crossing was by no means 
unknown ; for M. Columella, the uncle of the 
author, produced an excellent variety by crossing 
the tectae oves of Cadiz with some wild rams from 
Africa, and again crossing their progeny with the 
Tarentines. In purchasing stock attention was 
always paid to the localities where they were to 
be maintained ; thus sheep of large size ( procerae 
oves) were naturally deemed best fitted for rich 
plains, stout compact animals {quadratae) for light 
hilly soils, and the smaller kinds {exiguae) for 
mountainous regions, just as in this country the 
Leicesters are kept with greatest advantage in the 
low-lying luxuriant pastures of Lincolnshire, 
Cheviots in the grass hills from which they derive 
their name, and the black-faced on the lofty moun- 
tains of Wales and Scotland. As to colour, pure 
white was most sought after ; but certain natural 
tints, such as the dark grey {pullus), which distin- 
guished the flocks of Pollentia in Liguria {fuscique 
ferax Pollentia villi, Silius, viii. 599), the yel- 
lowish brown {fuscus) in those of Corduba (so 
often celebrated by Martial, v. 37, viii. 2. 8, ix. 
62, xiv. 188 ; comp. Juv. xii. 40), and the red 
brown {ruber) in some of the Asiatic varieties, 
were highly prized. 

The points characteristic of a good animal and 
the warranty usually required of the seller will be 
found fully detailed in Varro (ii. 2) and Columella 
(vii. 2, 3). 

Those which were smooth and bare under the 
belly {ventre glabro), anciently called apicae, were 
always rejected, and particular care was taken that 
the fleece of the ram should be perfectly pure, or 
at least uniform in colour, his tongue also being 
examined in order to ascertain that it was not 
black or spotted, since such defects would have 



been transmitted to his progeny. (Virg. Georg. iii. 
387; Colum. vii. 3.) 

Ewes were not considered fit for breeding until 
they were two years old, and they continued to 
produce until they had reached the age of seven : 
rams {arietes) were believed to be in vigour from 
three years old until eight. The most favourable 
period for impregnation in the case of ewes that 
had not previously brought forth, was the latter 
end of April, about the Palilia (21st April) ; for 
others, from the setting of Arcturus (13th May) to 
the setting of the Eagle (23d July) ; and, since the 
period of gestation was about 150 days, the earliest 
lambs {agni, agnae) would be yeaned in Septem- 
ber, the latest about the middle of December, these 
being, as was remarked by Celsus, the only 
animals produced with advantage in midwinter. 
Ewes when about to lamb {incientes) were placed 
apart, constantly watched, and assisted in parturi- 
tion. As soon as they had brought forth, the first 
milk which was of a thick consistence, and called 
colostra, was carefully withdrawn, being considered 
injurious in all animals, and productive of a disease 
named colostratio. The lambs were now tended 
with the greatest solicitude, were generally kept 
in the house near a fire for some days, were not 
allowed to go forth to pasture for a considerable 
time, but were partially reared by the hand on 
the most tender and nourishing food, being finally 
weaned at the age of four months. Those lambs 
which were carried in the womb longer than the 
regular time were termed chordi ; those born late 
in the season, serotini ; those which, in consequence 
of their mothers being unable to supply milk, were 
suckled by others, subrumi. Castration was not per- 
formed upon such as were intended for wethers 
{verveces) until five months old. The males set 
apart to supply the deficiencies in the breeding 
flock {quos arietes sitbmittere voiunt) were selected 
from the progeny of such ewes as usually gave 
birth to twins, those which were polled {mutili) 
being preferred on the whole to those with horns 
{cornuti). 

The management of ovespellitae differed from that 
of the ordinary greges villatici merely in the amount 
of care with which they were tended. They were 
furnished with an ample supply of the most nu- 
tritious food, each individual receiving daily in 
winter three sextarii (pints) of barley or of beans 
crushed in their pods {fresae cum suis valvulis 
fabae), in addition to hay, lucerne, dry or green 
cytisus, and other fodder. Their stalls were 
usually paved with stone, and kept scrupulously 
clean ; they seldom left the house, and, when al- 
lowed to pasture, it was looked upon as essential 
that the ground should be free from bushes and 
briars of every description which might tear their 
fleece or its covering. The jackets were frequently 
taken off to cool the animals, the wool was combed 
out at least thrice a year, and well washed and 
annointed with oil and wine. The wethers were 
killed at two years old, their skin being then in 
perfection. 

Sheep-shearing {tonsura) commenced in warm 
districts in April ; but in cold situations was de- 
ferred until the solstice. A fine day was chosen, 
and the operation was performed before the sun had 
attained to its full power, in order that the sheep 
might not be hot and the wool not moist. The most 
careful placed a rug under the animal {tegeticidis 
subjectis oves tondere solent) that no portion of the clip 



AGRIC ULTURA. 



AGRICULTURA. 



G3 



might be lost or damaged (ne qui flocci in/ereant). 
The wool, when fresh shorn and still impregnated 
with the sweat of the animal, was called lana 
succida; the fleeces when rolled up were termed 
veUera, or velumina. Ores hirtae, when shorn, 
were immediately smeared with wine and oil, to 
which white wax and hog*s lard were occasion- 
ally added ; while the jackets of the utvs pel- 
litue were anointed with the same mixture, and 
then replaced on the animals. Instead of this, 
some rubbed in a wash composed of equal parts of 
boiled lupine juice, lees of old wine, and amurca. 
Any wound inflicted during the process was dressed 
with tar (pii liquida). On the fourth day they 
were bathed, if possible, in the sea ; if not, in rain- 
water mixed with salt. In Spain and some other 
places it was customary to shear the sheep twice a 
year, under the belief that the additional labour 
was more than compensated by the increased quan- 
tity of wool. The ancient practice of plucking the 
wool instead of shearing it, still lingered in certain 
districts even when Pliny wrote. (Varr. ii. 1 . § 5, 
16, 20, ii. 2 ; Colum. i. Praef. § 26, vii. 2, 3, 4, 
xi. 2. § 14 ; Plin. //. A r . viii. 47, 4fl ; Pallad. ii. 
1G, v. 7, vi. 8, viL 6, viii. 4, xii. 13.) 

2. Goats (peats caprinum) were divided into 
two classes, the genus mutilum et rarijiilum, the 
polled and thin haired, and the genus eornutum 
et setusum, the horned and shagjry ; but there does 
not appear to have been any difference in the mode 
of rearing them, nor indeed do they seem to have 
been kept distinct ; but it was considered advis- 
able that the old he-goat, the dux gregis, should 
l» Hi'itilus, because he wag then less troublesome 
and pugnacious. 

The points characteristic of a good animal will 
be found enumerated in Varro (ii. 3, § 2 — 5) and 
in Columella (vii. 6). The most high bred had 
always two long flaps of skin (verruculae, laciniae) 
depending from the throat One peculiarity con- 
nected with sales was that they were never war- 
ranted in good health, for they were believed to 
be always more or less labouring under fever. 

The management of goats was in most respects 
the same as that of sheep, except that, although 
intolerant of frost and cold, they throve better in 
mountainous craggy ground or among copsewood, 
where they brouscd with great eagerness on the 
young twigs, than in open grassy plains. Both 
Emm their wandering nature and their liability to 
contract disease when crowded in pens not more 
than fifty were kept together in a flock under the 
charge of the same goatherd (capraritu), the pro- 
portion of one male (caper, hirrwt) to about fifteen 
females (capnte, capeUae) being commonly ob- 
served. 

When in stalls (cnprilia), the sloping floor was 
usually formed out of the native rock or paved 
with smooth stones, for no litter was placed be- 
neath their feet. The houses were swept nut 
d.iil v : and it was deemed essential to their health 
that no moisture or dirt of any kind should be al- 
lowed to accumulate. The she-goat was capable 
of breeding from one year old until eight ; but the 
progeny of a mother under three years old were 
not worth keeping permanently, but sold off. The 
best time for impregnation was the end of autumn ; 
for the period of gestation being five months, the 
kids (Hindi) were thus born in spring. If the dam 
was of a good stock, she generally produced two or 
even three at a birth, which were weaned at the 



end of three months, and then transferred at once 
to the flock (submittuntur et in grege incipiunt esse). 

The hair (pili) of guats was shorn or plucked 
(capras rellere is the technical phrase) out regu- 
larly, and used in the manufacture of coarse stuffs 
(usum in castrorum et miseris ve/amina nautis, — 
pilos ministrant ad usum nauticum et ad belliea tor- 
menta). The cloths woven from this material 
were termed Cilicia, because the goats in the 
southern and central provinces of Asia Minor, like 
the modern Angora species, were remarkable for 
the length of their hair. (In Cilicia circaque 
Surtes villo tonsili restiuntur, are the words of 
Pliny, who here alludes to the goats from the 
Cinvps in Libva, the " Cinvphii hirci " of VirgiL) 
(Colum. i. Praef. § 26, vu. 6 ; Plin. H. N. viii. 
50 ; Pallad. xii. 13 ; Varr. ii. 3, ii. 1. § 5. 28.) 

3. Swine (pecus suillum) were divided into two 
classes, the sues densae, usually black in colour, 
thickly covered with bristles ; and the sues glalirae, 
generally white, and comparatively smooth ; but 
there seems to have been little difference in the 
management of the two breeds, except that the 
former was the more hardy. 

The points characteristic of a good animal, and 
the warranty usually required by the purchaser, 
will be found in Varro (ii. 4), Columella (vii. 9), 
and Palladius (iii. 26). 

During a great portion of the year, wherever it 
was practicable, they were driven out to feed early 
in the morning in woods where acorns, beech- 
mast, wild fruits, and berries abounded ; and in 
the middle of the day they reposed, if possible, in 
swampy ground, where they had not only water 
but mud also wherein to wallow ; in the cool of 
the evening they fed again, were taught to assemble 
when the swineherd (suhulcus) sounded his horn, 
and were then driven home to the farm. In winter 
they were not allowed to go forth when frost was 
hard upon the ground. When kept in the house, 
their chief food was acorns, or when the supply of 
these failed, beans, barley, and other kinds of grain 
and pidsc. The number in each herd varied from 
100 to 150, or even more, according to circum- 
stances and the means of the proprietor, and the 
proportion of one boar to ten sows was usually 
observed. 

The sows were not considered fit for breeding 
until upwards of a year old, and continued prolific 
to the age of seven ; boars (wires) were in full 
vigour from one year old till four : the best time 
for impregnation was from the middle of February 
up to the vernal equinox, the period of gestation 
was four months, and the pigs being weaned at the 
end of two, a double farrow might be procured in 
a year. 

Each breeding sow (srrnfa) brought up her pigs 
(porcus, pnrca, parcellus) in a separate stye (hunt), 
constructed in such a manner that the superintend- 
ant (custos, porculatnr) might easily see into the 
interior and thus be prepared to relieve the progeny, 
which were in censtant danger of being crushed by 
the weight of the mother who was supposed to 
bring forth as many young ns she had teats, and 
was capable of suckling eight at first, but when 
they increased in size it was deemed advisable to 
withdraw one half of that number. Sucking pigs 
(Inctrntrs) when ten days old were nrioiinted pure 
fnrsacrificp, and hence were anciently termed tarrcs; 
after the suckling time (iiutricutus, jiumdutio), which 
lasted two months, was over, they were denomi- 



64 AGRICULTURA. 



AGRICULTURA. 



nated delici, and sometimes nefrendes, because not 
yet able to crunch hard food. The males not re- 
served for breeding were castrated when from six 
to twelve months old, and were then termed 
mojales. (Varr. ii. 4 ; Colum. vii. 9, Praef. i. 
§ 26 ; Plin. H. N. viii. 51 ; Pallad. iv. 26.) 

II. Majores Pecudes. 

1. Kine (pecus bubulum, armentum bubulum) 
were divided into classes, according as they were 
kept at home and employed in the labours of the 
farm (boves domiti), or pastured in large herds 
(armenta). 

Boves domiti, wherever the nature of the soil 
and the mode of culture pursued permitted, were 
allowed to pasture ; since growing grass (viride 
pabulum) was considered the most suitable of all 
food ; when this could not be supplied, it became 
necessary to stall-feed them (alere ad praescpia) ; 
but they were allowed to stand in the open air 
during the hot weather, while in winter they were 
kept in spacious byres (stabula, consepta) built with 
a southerly aspect so as to be sheltered from cold 
winds, the floors being hard and sloping to prevent 
moisture from being absorbed, and to allow it to 
rim off freely, while to promote the warmth and 
comfort of the animals they were bedded with 
abundance of litter (stramentum peeori et bubus 
diligenter substernatur, Cat. 5.), usually straw, or 
leaves, such as those of the ilex, which were sup- 
posed to yield little nourishment. Their staple 
food from the middle of April until the middle of 
June was vetches, lucerne, clover, and other fodder 
cut green ; from the middle of June to the begin- 
ning of November the leaves of trees, those of the 
elm, the oak, and the poplar being regarded as the 
best ; from the beginning of November until April 
meadow hay (foenum pratense), and, where hay 
could not be procured, chaff, grape husks, acorns, 
and dry leaves were substituted mixed with barley, 
or with some of the leguminous seeds, such as 
beans, lupines, or chick-peas previously steeped in 
water (maceratae), or crashed (fresac). When an 
ox was fed upon hay, from 30 to 40 pounds weight 
(Roman pound = llij oz. avoird.) was an ample 
allowance, except during the months of November 
and December, that is, during the ploughing and 
sowing season, when they received from the feeder 
(palmlatorius) as much food of the most nutritious 
kind as they could consume. Lumps of salt placed 
near the consepta proved very attractive to the 
animals and conduced to their health. 

Large herds were pastured chiefly in woods 
where there was abundance of grass, leaves, and 
tender twigs, shifting to the coast in winter and to 
the cool shady hills in summer, under the charge of 
herdsmen (armentarii), a class altogether distinct 
from the bubulci, or hinds, who worked and tended 
the boves domestici. The common number in a herd 
was from 100 to 120, the animals were carefully 
inspected every year, and the least promising (reji- 
culae) weeded out. The proportion of two bulls, a 
yearling and a two-year old, to 60 or 70 cows was 
usually observed, but Columella doubles the num- 
ber of males. The Umbrian oxen, especially those 
on the Clitumnus, were the largest and finest in 
Italy ; those of Etraria, Latium, and Gaul were 
smaller, but strongly made and well adapted for 
labour ; those of Thrace were valued for sacrificial 
purposes in consequence of being for the most part 
pure white ; but the cattle of Epirus, the most im- 



portant pastoral district of the Roman world, were 
superior to all others. 

The points characteristic of a good animal, and 
the warranty usually demanded by the buyer, will 
be found fully detailed in Varro (ii. 5), in Colu- 
mella, who here copies the description of the Car- 
thaginian Mago (vi. 1, 20, 21), and in Palladius 
(iv. 11, 12). 

Cows (vaccae) were not fit for breeding until 
they were upwards of two years old, and they con- 
tinued to produce until they had reached the age 
of ten. Considerable variation is to be found in 
the agricultural writers as to the age at which the 
bulls arrived at full vigour, Varro considering 
that they might be employed when a year - old, 
Columella and Pliny recommending that they 
should be kept until four. The former, however, 
is the precept of the practical man, and is con- 
sonant with modern experience. The time of ges- 
tation being nearly ten (lunar) months, the most 
favourable period for impregnation was from the 
middle of June to the end of July, for thus the 
calves (vituli) would be born when spring was 
well advanced (maturo vera). When parturition 
was approaching, the pregnant cow (Jiorda vacca) 
was carefully watched, fed richly, and protected 
from the assaults of the gad-fly and other tor- 
menting assailants ; the calf for some time after its 
birth was allowed to suck freely, but as it in- 
creased in strength was tempted with green food, 
in order that it might in some degree relieve the 
mother, and after six months had elapsed, was fed 
regularly with wheat bran, barley meal, or tender 
grass, and gradually weaned entirely. Castration 
was performed at the age of two years. The vi- 
tuli intended for labour were to be handled (trac- 
tari) from an early age to render them tame, but 
were not to be broken in to work (domari) before 
their third, nor later than their fifth year. The 
method of breaking (domitura) those taken wild 
from the herd is fully described by Columella 
(vi. 2), and Palladius fixes the end of March as the 
time most appropriate for commencing the opera- 
tion. The members of a herd, according to age 
and sex, were termed, Vitulus, Vitula ; Juveneus, 
Juvenca ; Bos novellus, Buculus ; Bos vetulus, 
Taurus, Vacca ; a barren cow was named Taura. 
(Cat. S, 30 ; Varr. ii. 1, 5 ; Colum. vi. 1—3, 20— 
24 ; Plin. N. viii. 45 ; Pallad. iv. 11, 12, vi. 7, 
viii. 4.) 

2. Horses {pecus equinum s. equitium, armentum 
equinum) are divided by Columella into Generosi, 
blood horses ; Mulares, horses adapted for breeding 
mules ; Vulgares, ordinary horses. 

The points of a horse, the method of ascertaining 
his age up to seven years old, and the warranty 
usually given by the seller, are detailed in Varro 
(ii. 7. § 4, 5, 6 ) in Columella (vi. 29), and in 
Palladius (iv. 13). 

Horses either pastured in grass fields or were fed 
in the stable upon dry hay (in stabidis ac praese- 
pibus), to which barley was added when the ani- 
mal was required to undergo any extraordinary 
fatigue. Brood mares were frequently kept in 
large troops which shifted, like sheep and oxen, 
from the mountains to the coast, according to the 
season ; two mounted men being attached to each 
herd of fifty. The mare (equa) was considered fit 
for breeding at two years old, and continued pro- 
lific up to the age of ten ; the stallion (admissarius) 
remained in vigour from three years old until 



AGRICULTCRA. 



AGRICULTCRA. 



65 



twenty, but when young was limited to twelve or 
fifteen females. The period of gestation being 
twelve lunar months and ten days, the best time for 
impregnation was from the vernal equinox to the 
summer solstice, since parturition would then take 
place during the most favourable season. High 
bred mares were not allowed to produce more than 
once in two years. Ten days after birth the f»al 
(pultus equinus, er/uuleus) was permitted to accom- 
pany its dam to pasture ; at the age of five months, 
it was customary to begin feeding them with barley- 
meal and bran, and when a year old, with plain 
unground barley ; but the best colts were allowed 
to continue sucking until they had completed two 
years, and at three years they were broken in for 
the toil to which they were destined, whether for 
racing (ad cursuram), for draught (wl r/tedam), 
for carrying burthens (ad vecturam), or for military 
service (ad ephippium), but they were not regularly 
worked until four ofi. 

Race and war horses were not castrated ; but the 
operation was frequently performed on those des- 
tined for the road, from the conviction that the 
gelding (canterius), while less bold and spirited was 
more safe and tractable (in viis liabere maiuat 
placvlos). 

It is to be observed that horses were, and in- 
deed are, very little used for agricultural purposes 
in Italy and Southern Europe, the ordinary toils 
being carried on almost exclusively by oxen, and 
hence they never were by any means objects of 
such general interest to the farmer as among our- 
selves. 

We may remark that Varro, Columella, and 
many other writers, repeat the absurd story em- 
bellished by the poetry of Virgil, that mares in 
some districts of Spain became pregnant by the 
influence of a particular wind, adding that the colts 
conceived in this manner did not live beyond the 
age of three years. (Varr. i. Praef. § 26, ii. 1. 
§ 18, 7. § 7 ; Colum. vi. 27, 29 ; Plin. H.N.T&. 
42 ; Pallad. iv. 13.) 

3. Asses (asinus, wrina) were divided into two 
classes, the Genus utansuelum, or common domestic 
quadruped (asinus, ascJtus), and the Genus ferum, 
the- wild ass (imager, onugrus), which was common 
in Phrygia and Lycaonia, was easily tamed and 
made an excellent cross. 

The most celebrated breeds were those of Ar- 
cadia and of Rcatc. The latter was so highly es- 
teemed in the time of Varro, that a single indi- 
vidual of this stock had been known to fetch sixty 
thousand sesterces (about 500/. sterling), and a 
team of four, as much as four hundred thousand 
(upwards of 3300/. sterling). Such animals were 
of course delicately nurtured, being fed chiefly upon 
far and barley bran (furfures ordcacei). The infe- 
rior description of asses (minor asellus) were valued 
by fanners because they were very hardy, not 
subject to disease, capable of enduring much toil, 
required little food and that of the coarsest kind, 
such as the leaves and twigs of thorny shrubs, and 
might be made serviceable in various ways, as in 
carrving burdens (nse.Hi dossuarii), turning corn 
mills and even in ploughing, where the soil was 
not stitT. The time of impregnation, the period of 
gestation, and the management of the funis (pu/li), 
were the same as in horse*. They wi re seldom 
kept in sufficient numbers to form a herd. (Varr. ii. 
1. 1 U, ii. 6.; Colom. vii. 1 ; Plin. //. AT. viii. 48 ; 
Pallad. iv. 1 I.) 



4. Mules. AIulus and Alula were the general 
terms for the hybrid between a horse and an ass, 
but in practice a distinction was drawn between 
Afuli and llinni. Hum were the progeny of a 
stallion and a she-ass, Muli of a male ass and a 
mare. The latter were larger in proportion, and 
more esteemed than the former. A cross some- 
times was formed between the mare and the onager 
as a matter of curiosity. 

Uncommon care was taken by breeders of mules 
in the selection of the parents. A strong large- 
boned marc, powerful rather than swift, was usu- 
ally chosen. The male asses at their birth were 
removed from their mother, suckled by mures, 
reared upon the most nourishing food (hay and 
barley), and attained to full vigour when three 
years old. A good admissarius from Arcadia or 
Reate was worth from thirty to forty thousand ses- 
terces (250/. to 330/. sterling). The period of 
gestation was observed to be a little longer than 
in the case of the pure horse or ass, extending to 
thirteen lunar months ; in all other respects their 
management, habits, and mode of sale were the 
same. 

The great use of mules was in drawing travelling 
carriages (Itisce enim binis conjunctis omnia ve- 
hicula in viis ducuntur) ; they were also employed, 
like asses, in carrying burdens upon pack saddles 
(cliteUae), and in ploughing light land. The finer 
kinds, when kept in herds, were driven in summer 
from the rich plains of Rosea on the Velinus to the 
Monte3 Gurgurcs. (Varr. ii. 1. § 16, ii. ii ; Colum. 
ri. 36, 37 ; Plin. H.N. viii. 44 ; Pallad. iv. 14.) 

III. 

1 . Dogs (canes) were divided into three classes : 
a. Canes Villatici, watch-dogs, whose office was to 
guard farm-houses against the aggressions of thieves. 

b. Cants Pastorales, s. Canes Pecuarii, to protect 
the flocks and herds from robbers and wild beasts. 
Each opilio was generally attended by two of 
these, equipped with spiked collars (melluin), to 
serve as a defence in their encounters with wolves 
and other adversaries. 

c. Canes Venatici. Sporting dogs. 

Varro and Columella describe minutely the 
points of the first two classes, with which alone the 
former was concerned, and these seem to be iden- 
tical with the animals employed for the same pur- 
pose at the present day in the Abruzzi. They 
were fed upon barley meal and whey, or in places 
where no cheese was made, on wheaten bread 
moistened with the warm liquor in which beans 
had been boiled. (Varr. ii. 'J ; Colum. vii. 12.) 

2. Feeders (pastures). 

The flocks and herds which fed in the imme- 
diate neighbourhood of the farms were usually 
tended by old men, boys, or even women ; but 
those which were driven to distant and moun- 
tainous pastures were placed under the care of 
persons in the vigour of life, who always went well 
armed and were accompanied by beasts of burden 
(jumrnta dossuariii), carrying all the apparatus and 
stores required during a protracted absence ; the 
whole body of men and animals being under the 
command «f an experienced and trustworthy in- 
dividual, styled Almjislrr J'croris, who kept all 
the accounts and |M>ssesscd a competent knowledge 
of the veterinary art. 

W'e may conclude this part of the subject with 
a few words upon tin- management of dairy pro- 
p 



66 AGRICULTURA. 



AGRICULTURA. 



duce, which was treated as a distinct science 
(rvpoiroila) by the Greeks, who wrote many 
treatises upon the topic. 

Cheese-making commenced in May, and the 
method followed by the Romans was substantially 
the same as that now practised. The milk un- 
skimmed was used as fresh as possible, was slightly 
wanned, the rennet {coagulant) was then added ; as 
goon as the curd formed, it was transferred to baskets 
(fiscellae, calathi) or wooden chesets (formae) 
perforated with holes, in order that the whey 
(sei-um) might drain off quickly, and was pressed 
down by weights to hasten the process. The mass 
was then taken out of the frame, sprinkled with 
salt, and placed upon a wicker crate or wooden 
board in a cool dark place ; when partially dried, 
it was again pressed more powerfully than before, 
again salted and again shelved, — operations which 
were repeated for several days until it had required 
a proper consistency. It might be flavoured with 
thyme, with pine cones, or any other ingredient, 
by mixing the condiments with the warm milk. 

The rennet or coagulum was usually obtained 
from the stomach of the hare, kid, or lamb (coagu- 
lum leporinum, hoedinum, agninum), the two former 
being preferred to the third, while some persons 
employed for the same purpose the milky juice 
expressed from a fig-tree branch, vinegar, and a 
variety of other substances. 

The cheeses from cows' milk (casei lulmli) were 
believed to contain more nourishment, but to be 
more indigestible than those from ewes' milk (casei 
ovilli) ; the least nourishing and most digestible 
were those from goats' milk (casei caprini), the 
new and moist cheeses in each case being more 
nourishing (magis alibiles), and less heavy (in 
corpore nou resides), than those which were old 
and dry. 

Butter is mentioned by Varro (ii. 2. § 1 6), but 
seems to have been scarcely used as an article of 
food (Varr. ii. 1. § 28. 11 ; Colum. vii. 8 ; Plin. 
H. N. xi. 96, xxiv. 93, xxv. 39, xxviii. 34 ; Pal- 
lad, vi. 9). 

/8. VILLATICA PASTIO. 
Villaticae Pasliones, from which many persons 
towards the close of the republic and under the 
empire derived large revenues, were separated into 
two departments, according to the names given to 
the buildings or enclosures adapted to the different 
animals : — 

I. Aviaria s. Ornithones. 
II. Vivaria. 

I. Aviaria s. Ornithones, in the most extended ac- 
ceptation of the term, signified receptacles for birds 
of every description, whether wild or tame, terres- 
trial or amphibious, but it is frequently and con- 
veniently employed in a more limited sense to de- 
note the structures formed for birds caught in their 
wild state by the fowler (auceps), from whom they 
were purchased, and then shut up and sold at a 
profit after they became fat. 

In this way we may distinguish between, a. 
Cohors in piano, b. Columbarium, c. Omithon, of 
which the first two only were known to the earlier 
Romans. 

a. Cohors in piano, was the poultry-yard in- 
cluding the houses and courts destined for those 
domestic fowls which were bred and fed on the 
farm, and which were not able or not permitted to 
fly abroad. Of these the chief were, 1. Barn- 



door fowls or chickens (gallinae). 2. Guinea fowls 
(gallinae Numidieae s. Afiicanae). 3. Pheasants 
(phasiani). 4. Peacocks (pavones). 5. Geese 
(anseres). 6. Ducks (anates). 7. Teal (?) (quer- 
qucdulae). 

b. Columbarium, the dove-cote. 

c. The Ornithon proper, the inmates of which 
were chiefly, 1. Thrushes and blackbirds (turdi, 
merulae), especially the former. 2. Quails (cotur- 
nices). 3. Turtledoves (turtures). 4. Ortolans (?) 
(miliariae), all of which are in Italy birds of pas- 
sage arriving in great flocks at particular seasons. 

II. In like manner the term Vivaria, which 
may be employed to denote all places contrived 
for the reception of animals used for food or which 
supplied articles of food and did not fall under the 
denomination of pecudes or aves, must be separated 
into those designed for the reception of land ani- 
mals, and those for fishes. 

a. Leporaria, Apiaria, Coclearia, Gliraria, and 
j8. Piscinae. 

a. Leporaria. The animals kept in lepora- 
ria were chiefly, 1. Hares and rabbits (lepores). 

2. Various species of deer (cervi, capreae, oryges). 

3. Wild boars (apri), and under the same cate- 
gory rank, 4. Bees (apes). 5. Snails (cochleae). 
6. Dormice (glires). 

/3. Piscinae or fish-ponds, divided into — 

1. Piscinae aquae dulcis, fresh-water ponds ; and 

2. Piscinae aquae salsae, salt-water ponds. 

We commence then with a description of the 
inhabitants of the Cohors in piano and their dwell- 
ing. 

I. Aviaria. 

I. a. Cohors in piano. 

In the science of rearing poultry (Ratio Cohor- 
talis, opvi6oTp6<f>ia), three precepts were of general 
application. The birds were to be kept scrupulously 
clean, were to be abundantly supplied with fresh 
air and pure water, and were to be protected from 
the attacks of weasels, hawks, and other vermin. 
The two former objects were attained by the choice 
of a suitable situation, and by incessant attention 
upon the part of the superintendents (curatores, 
custodes) ; the latter was effected by overlaying the 
walls of the houses and courts, both inside and 
out, with coats of smooth hard plaster or stucco, 
and by covering over the open spaces with large 
nets. 

Again, the attention of those who desired to rear 
poultry with profit was chiefly occupied by five 
considerations: 1. The choice of a good breeding 
stock (de genere). 2. The impregnation of the 
hens (de foetura). 3. The management of the 
eggs during incubation (de ovis). 4. The rearing 
of the pullets (de pullis). 5. Fattening them for 
the market (de fartura), this last process being, 
however, frequently conducted not by the farmer 
(rusticus), but by persons who made it their sole 
occupation (fartores). 

1, 2. Chickens (gallinae). Of the different 
species of domestic fowls, the most important were 
gallinae, which were divided into three classes : — 
a. Gallinae Villaticae s. Cohortales, the common 
chicken, b. Gallinae Africanae s. Numidieae, the 
same probably with the p-eAeaypiSes of the Greeks, 
the distinctions pointed out by Columella scarcely 
amounting to a specific difference ; and c. Gallinae 
Rusticae. The last were found in great abundance 
in the Insula Gallinaria, but it is so difficult to 



AGRICULTURAL 

determine from the descriptions transmitted to us 
what they really were, that we know not whether 
we ought to regard them as pheasants, as red- 
legged partridges, as wood-grouse, or as some 
species of game different from any of these. The 
Africanae, always scarce and dear, were treated 
almost exactly in the same manner as peacocks, 
and never became of importance to the farmer ; the 
Ilusticae are little spoken of except as objects of 
curiosity, and Columella declares that they would 
not breed in confinement (in servUule non foetant). 
We therefore confine our observations to the I'il- 
lalicae. 

Among the breeds celebrated for fighting were 
the Tanagrian, the Rhodian, and the Chalcidean ; 
but these were not the most profitable for the 
market. The points of a good barn-door fowl arc 
minutely described by Varro, Columella, and Pal- 
ladius, who all agree in recommending the breeder 
to reject such as were white, for they were more 
delicate and less prolific than those whose plumage 
was darker. Some were permitted to roam about 
(vagae) during the day, and pick up what they 
could, but the greater number were constantly 
shut up (clausae) in a poultry yard (gaUinarium, 
opviBoSoaKfiov), which was an enclosed court 
(septum) with a warm aspect, strewed with sand 
or ashes wherein they might wallow, and covered 
over with a net. It contained hen-houses (eavcae) 
to which they retired at night and roosted upon 
poles stretched across (perticae) for their conve- 
nience, nests (cul/iliu) fur the Living hens being 
constructed along the walls. The whole esta- 
blishment was under the control of a poultry 
man (amarius, cantos 8. curator gallinarius), who 
occupied an adjoining hut, usually assisted by 
an old woman and a boy, for the flocks were 
often very large, containing upwards of two hun- 
dred. The proportion of one cock (gal/us) to 
five hens was commonly observed, the males not 
required for breeding Vicing killed young or made 
into capons (capi). Their food consisted of barley 
with the husk removed (hordcum pinsitum), millet, 
vetches, and lentils, when these articles could be 
procured cheap, but when too dear, they were 
supplied with the refuse of wheat, bran with a 
little of the flour adhering, the seeds of cytisus, 
and the like. 

The laying season began in January and con- 
tinued until the autumnal equinox. From twenty- 
five to thirty eggs, the number being increased or 
diminished according as the weather was hot or 
cold, were placed beneath a clocking hen (gallina 
glociens) from one to two years old, who was kept 
constantly shut up except at feeding time, or even 
furnished with food while on the nest. The cura- 
tor made his rounds regularly during the twenty 
days of incubation, turning the eggs, that they 
might all receive equal heat, and rejecting those 
which upon examination were found to contain no 
embryos. Such as were not required for hatch- 
ing, were preserved by rubbing them with strong 
brine, and then storing them up in chaflf or liran. 
The chicks for fifteen days were fed by hand on 
polenta mixed with nasturtium (i-rr.n) .-.<-.-«! . 

Chickens, when fattened fur sale, were shut np 
in dark narrow cribs, light and motion being un- 
favourable to the process ; or each bird was swung 
separately in a basket, with a small hole at each 
end, one for the head, the other for the rump, and 
bedded upon the softest hay or chaff, but so 



AGRICULTURA. C7 

cramped in space that he could not turn round. 
In this state they were crammed with wheat, 
linseed, barley meal kneaded with water into 
small lumps (turundne), and other farinaceous 
food, the operation requiring from twenty to 
twenty-five davs. (Var. iii. 9 ; Colum. viiL 2, &c. 
12 ; Plin. 77. .V. x. 21 ; Pallad. i. 27, 29.) 

3. Pheasants (phasiani) are not mentioned 
among domestic poultry by Varro or Columella, 
but find a place in the compikition of Palladius, 
who directs that young birds, that is, those of a 
year old, should be selected as breeders in the 
proportion of one cock to two hens, and that the 
eggs should be hatched by barn-door fowls. The 
chicks were to be fed for the first fortnight on cold 
boiled barley lightly sprinkled with wine, after- 
wards upon bruised wheat, locusts, and ant's eggs, 
and were to be prevented from having access to 
water. The}- became fat in thirty days if shut up 
and crammed with wheat flour made up into small 
lumps (turundae) with oil. (Pallad. i. 29.) 

4. Peacocks (pavones, pavi, pavae) are said to 
have been first introduced as an article of food by 
Q. Hortcnsius at a banquet on the installation of 
an augur (augurali aditiuli coenu). They speedily 
became so much in request that soon afterwards a 
single full-grown bird sold for fifty denarii (up- 
wards of a guinea and a half), and a single egg 
for five (upwards of three shillings), while one 
breeder, M. Aufidius Lurco, derived an income of 
(i0,000 sesterces (about 500/. sterling) from this 
source alone. The most favourable situations for 
rearing peacocks were afforded by the small rocky 
but well-wooded islets off the Italian coast, where 
they roamed in freedom without fear of being lost 
or stolen, provided their own food, and brought up 
their young. Those persons who could not com- 
mand such advantage, kept them in small en- 
closures roofed over, or under porticoes, perches 
(perticae) being supplied for them to roost upon, 
with a large grassy court in front, surrounded by a 
high wall and shaded by trees. They were fed 
upon all kinds of grain but chiefly barley, did not 
arrive at full maturity for breeding until three years 
old, when one cock was allowed to five hens, and 
care was taken to supply each bird with a separate 
nest (discreta culAlia). The hatching process was 
most profitably performed by common barn-door 
fowls, for in this way the pea-hen laid three times 
in a season, first five eggs (ota pavonina), then 
four, and lastly two or three, but if allowed to in- 
cubate herself could rear only one brood. In the 
time of Varro, three chicks (pulli pavoiiini) for 
each full-grown bird were considered a fair return. 
(Varr. iii. 6 ; Colum. viii. 11 ; Pallad. i. 28 ; 
Plin. x. 20 ; comp. Juv. i. 143.) 

5. Gccsc (anseren) were easily reared, but were 
not very profitable and somewhat troublesome, for 
a running stream or a pond with a good supply of 
herbage was essential, and they could not be 
turned out to graze in the vicinity of growing crops, 
which they tore up by the roots, at the same time 
destroying vegetation by their dung. Birds for 
breeding were alwayi -• !•■< t>-fl of a hirer and 
purr white, the grey turiety (rnrii rel J'tisri) liring 
regarded as inferior on the supposition thut they 
were more nearly allird to the w ild species. Their 
food consisted of clover, fenugreek, lettuce, to- 
gether with leguminous plants, all of which were 
sown for their use, and especially an lierli called 
oYpis by the Greeks, which seems to have been 

v 2 



68 



AGRICULTURA. 



AGRICULTURA. 



a sort of endive. Impregnation took place about 
raid-winter, one gander being allowed to three 
females, who when the laying season, which was 
early in spring, approached, were shut up in a struc- 
ture (x^wSocteioy) consisting of a court (coliors), 
surrounded by a high wall with a portico inside 
containing receptacles (harae, cellae, speluncae), 
from two to three feet square, built of hewn stone 
or brick, well lined with chaff, for the eggs. In- 
cubation, according to the weather, lasted from 
twenty-five to thirty days, during which period the 
mothers were supplied by the custos with barley 
crashed in water. The goslings remained in the 
house for about ten days, and were fed upon po- 
lenta, poppy seed, and green cresses (nasturtium) 
chopped in water, after which they were taken out 
in fine weather to feed in marshy meadows and 
pools. It was found in practice most advantageous 
to employ barn-door hens to hatch the eggs, since 
they made more careful mothers ; and in this case 
the goose would lay three times in a season, first 
five eggs, then four, and lastly three. 

Goslings, when from four to six months old, 
were shut up to fatten in dark warm coops (sagi- 
narium), where they were fed with barley pottage 
and fine flour moistened with water, being allowed 
to eat and drink three times a day as much as 
they could swallow. In this way they became fit 
for the market in two months or less. A flock of 
geese furnished not only eggs but feathers also, for 
it was customary to pluck them twice a year, in 
spring and autumn, and the feathers were worth 
five denarii (about three shillings and fourpence) a 
pound. (Varro, iii. 10 ; Colum. viii. 13 ; Plin. 
H. N. x. 22 ; Pallad. i. 30.) 

6. Ducks (anates). The duck-house (vr\ffao- 
rpo(pe?oy) was more costly than the chenoboscium, 
for within its limits were confined, not only ducks, 
but querquedulae, phalersdes, boscades (whatever 
these may have been), and similar birds which 
seek their food in pools and swamps. A flat piece 
of ground, if possible marshy, was surrounded by a 
wall fifteen feet high, well stuccoed within and 
without, along the course of which upon an ele- 
vated ledge (crepido) a series of covered nests 
(tecta cubilia) were formed of hewn stone, the 
whole open space above being covered over with a 
net or trellice work (clatris superpositis). A shal- 
low pond (piscina) was dug in the centre of the 
enclosure, the margin formed of opus signinum, and 
planted round with shrubs ; through this flowed a 
small stream which traversed the court in a sort of 
canal into which was thrown food for the inmates, 
consisting of wheat, barley, millet, acorns, grape 
skins, small crabs or cray fish, and other water 
animals. The eggs were generally hatched by 
common hens, the precautions taken during incu- 
bation and the rearing of the ducklings being the 
same as in the case of pullets. (Var. iii. 11 ; 
Colum. viii. IS.) 

I. b. Columbarium. 

Pigeons (columbus, columba). Varro distin- 
guishes two species or varieties, the one Genus 
saxatile s. agrcste, probably the Columba livia of 
naturalists, which was shy and wild, living in 
lofty turrets (sublimes turriculae), flying abroad 
without restraint, and generally of a darkish colour, 
dappled, and without any admixture of white, the 
other kind more tame (clementius), feeding about the 
doors of the farm, and for the most part white. Be- 



tween these a cross breed (miscellum) was usually 
reared for the market in a lofty edifice (wepiare- 
porpo<pe7ov ; irepia-rtpauiv), constructed for the pur- 
pose. These buildings, placed under the charge 
of a columbarius, were frequently large enough to 
contain 5000, were vaulted, or roofed in with tiles, 
and furnished with one small entrance, but well 
lighted by means of large barred or latticed win- 
dows (fenestrae Punicanae, s. reticulatae). The 
walls, carefully stuccoed, were lined from top to 
bottom with rows of round-shaped nests with a 
single small aperture (columbaria), often formed of 
earthenware (fictilia), one being assigned to every 
pair, while in front of each row a plank was placed 
upon which the birds alighted. A copious supply of 
fresh water was introduced for drinking and wash- 
ing ; their food, consisting of the refuse of wheat 
(excreta tritici), millet, vetches, peas, kidney-beans, 
and other leguminous seeds, was placed in narrow 
troughs ranged round the walls, and filled by pipes 
from without. Those pigeons, which were kept in 
the country, being allowed to go out and in at will, 
supported themselves for a great part of the year 
upon what they picked up in the fields, and were 
regularly fed (acceptant conditiva cibaria) for two 
or three months only ; but those in or near a town 
were confined in a great measure to the TrepioTepo- 
Tpo<pewi>, lest they should be snared or destroyed. 
They were very fruitful, since one pair would rear 
eight broods of two each in the course of a year, 
and the young birds (pulli) very speedily arrived 
at maturity, and began forthwith to lay in their 
turn. Those set aside for the market had their 
wing feathers plucked out and their legs broken, 
and were then fattened upon white bread pre- 
viously chewed (manducato candido farciunt pane). 

A handsome pair of breeding pigeons of a good 
stock would fetch at Rome, towards the close of the 
republic, two hundred sesterces (upwards of a guinea 
and a half) ; if remarkably fine, as high as a thou- 
sand (nearly eight guineas) ; and as much as six- 
teen hundred (more than thirteen pounds) was a 
price sometimes asked, while Columella speaks of 
four thousand (upwards of thirty pounds) having 
been given in his time ; and some persons were 
said to have a hundred thousand (nearly a thou- 
sand pounds sterling) invested in this kind of pro- 
perty. The instinct which teaches pigeons to re- 
turn to the place where they have been fed was 
remarked by the ancients, who were wont, for the 
sake of amusement, to bring them to the theatres 
and there let them loose. (Varr. iii. 7 ; Colum. 
viii. 8 ; Plin. H. N. x. 52, 74, xi. 64, xviii. 42 ; 
Pallad. i. 24.) 

I. c. Ornithon, Aviarium (opviSorpocpetov). 

Ornithones, in the restricted sense, were di- 
vided into two classes : 1. Those constructed for 
pleasure merely being designed for the reception of 
nightingales and other singing birds. 2. Those for 
profit, in which thousands of wild birds were con- 
fined and fattened. Varro gives a very curious and 
minute description of an ornithon belonging to the 
first class, which he himself possessed, and Lu- 
cullus endeavoured to combine the enjoyment of 
both, for he had a triclinium constructed in his 
Tusculan villa inside of an ornithon, delighting to 
behold one set of birds placed upon the table ready 
for his repast, while others were fluttering at tho 
windows by which the room was lighted. Orni- 
thones of the second class, with which alone we are 



AGRICULTL'RA. 



AGRICULTURA. 



69 



at present concerned, were kept by poui tcrers (maccl- 
lurii), and others in the city, but the greater num- 
ber were situated in Sabinum, because thrushes 
were most abundant in that region. These huge 
cages were formed by enclosing a space of ground 
with high walls and covering it in with an arched 
roof. Water was introduced by pipes, and con- 
ducted in numerous narrow channels, the windows 
were few and small, that light might be excluded 
as much as possible, and that the prisoners might 
not pine from looking out upon the open country, 
where their mates were enjoying freedom. Indeed, 
so sensitive were thrushes, and so apt to despond 
when first caught, that it was the practice to shut 
them up for some time with other tame individuals 
of their own kind (reicrani), who acted as decoys 
(nllectores ), in reconciling them to captivity. In 
the interior of this building numerous stakes (jxtli) 
were fixed upright, upon which the birds might 
alight ; long poles also (perticae) were arranged in 
an inclined position resting against the walls with 
spars nailed in rows across, and lofts were con- 
structed, all for the same purpose. Two smaller 
apartments were attached, one in which the supcr- 
intendant (curator) deposited the birds which died 
a natural death, in order that he might be able to 
square accounts with his master, the other, called 
the seclusorium, communicating with the great hall 
by a door, into which those birds wanted for the 
market were driven from time to time, and killed 
out of sight, lest the others might droop on witness- 
ing the fate of their companions. 

Millet and wild berries were given freely, but 
their chief food consisted of dry figs carefully 
peeled (diligenter pinsitn) and kneaded with far or 
pollen into small lumps, which were chewed by per- 
sons hired to perform this operation. The birds 
usually kept in an ornithon have been mentioned 
above, but of these by far the most important were 
thrushes, which made their appearance in vast 
flocks about the vemal equinox, and seem to have 
been in great request ; for out of a single establish- 
ment in Sabinum, in the time of Varro, five thousand 
were sometimes sold in a single year at the rate of 
three denarii a head, thus yieldingasum of 60,000 
sesterces, about five hundred pounds sterling. 

The manure from omithoncs containing thrushes 
and blnrkbirds was not only a powerful stimnlant 
to the soil, but was given as food to oxen and pigs, 
who fattened on it rapidly. 

Turtle doves (turtures, dim. turturilhie) belonged 
to the class which did not lay eggs in captivity 
(mr jKirit nrc etelwlil), and consequently, as 
soon as caught, were put up to fatten (vblatvra 
iUi ut cipilur fnrturae dcsiinnlur). They were 
not however confined in an ordinary omithon but 
in a building similar to a dove-cote, with this dif- 
terenc e, that the interior, instead of being fitted up 
with columbaria, contained rows of brackets (mntu- 
lot), or short stokes projecting horizontally from the 
wall and rising tier above tier. Over each row, 
the lowest of which was three feet from the ground, 
I em pen mats (//■//»'/»•«/</<• rniitiiil/iiim- ) were stretched, 
en which the birds reposed day nnd night, while 
nets were drawn tight in front to prevent them 
from living about, which would have rendered them 
lean. They fattened readily in harvest time, de- 
lighting most in dry wheat, of which one-half 
Bodhll per day was sufficient for 120 turtles, or in 
millet moistened with sweet wine. (Vnrr. iii. II ; 
Coluin. Tin. ; Pallad. i. 25 ; l'lin. //. X. x. 24, 



34, 35, 53, 58, 74 ; comp. Plaut Mosiell. i. 1. 44 ; 
Juv. vi. 38.) 

II. Vivaria. 

II. a. Leporuria. 

Leporaria anciently were small walled paddocks, 
planted thickly with shrubs to give shelter ; and in- 
tended, as the name implies, for the reception of 
animals of the hare kind ; viz. 1. The common grey 
hare (Itulicum /toe nostrum, sc. genus). '2. The moun- 
tain or white hare from the Alps, seldom brought 
to Rome (toti candidi sunt). 3. Rabbits (cuniculi), 
believed to be natives of Spain. These, at least 
the first and third, bred rapidly, were caught occa- 
sionally, shut up in boxes, fattened and sold. In 
process of time, the name leporarium was changed 
for the more appropriate terra 37jpioTpo<J>eiW, since 
a variety of wild animals, such as boars (upri), 
stags (cervt), and roe deer (caprcae), were pro- 
cured from the hunter (renator), and shut up in 
these parks, which now embraced several acres 
even in Italy, while in the provinces, especially 
Transalpine Gaul, they frequently comprehended 
a circuit of many miles of hill and swamp, glade 
and forest This space was, if possible, fenced 
by a wall of stone and lime, or of unlmrnt brick 
and clay, or, where the extent rendered even the 
latter too costly, by a strong paling (rucerra) formed 
of upright stakes (stipites) drilled with holes (per 
lalus e/fbrantur), through which poles (amites) were 
passed horizontally, the whole of oak or cork tree 
timber, braced and, as it were, latticed by planks 
nailed diagonally (sen's transrersis clatrarc), much 
in the fashion of wooden hurdles. Even in the 
largest enclosures it was necessary to support the 
animals in winter, and in those of moderate size 
they were frequently tamed to such an extent, that 
they would assemble at the sound of a horn to re- 
ceive their food. (Varr. iii. 12 ; Colum. ix. 1 ; 
Plin. //. A', via. 52.) 

Bees (apes). The delight experienced in the 
management of these creatures is sufficiently proved 
by the space and care devoted to the subject in 
Virgil, and by the singularly minute instructions 
contained in the agricultural writers, especially in 
Columella, who derived his materials from the still 
more elaborate compilations of Hyginus and Cel- 
sus, the former being the author of a regular bee 
calendar, in which the various precepts for the 
guidance of the bee fancier (mcllnrius, apiaruuf 
/xfKiTuvpybs, mrlituripis) were arranged in regular 
order according to the seasons and days of the year. 
The methods which the ancients describe differ 
little, even in trifling details, from those followed by 
ourselves, although in some respects our practice \b 
inferior, since they never destroyed a hive for the 
sake of its contents, but abstracted a |K>rtinn of the 
honey only, always leaving a sufficient supply for 
the support of the insects in winter ; nnd the same 
swarm, occasionally reinforced by young recruit*, 
might thus continue for ten years, which was re- 
garded as the limit Our superior knowledge of 
natural history has however enabled us to deter- 
mine that the chief of the hive is always a female, 
not a male (rex) as was the general belief ; to ascer- 
tain the respective duties performed by the queen, 
the working bees, and drones (fuci n./nrr»), which 
were unknown or confounded ; and to reject the 
absurd fancy, to which however we are indebted 
for the most charming episode in the (ieorgirs, 
wliich originated with the Greeks, and is repeated 
f 3 



70 AGRICULTURA. 



AGRICULTURA. 



with unhesitating faith by almost every authority, 
that swarms might be produced by spontaneous 
generation from the putrescent carcase of an ox 
(ex bubulo corpore putrefacto ; and hence they were 
commonly termed fiooySvas by the poets, and by 
Archelaus /3obs <j>6i/x4vris 7r€7roT7)/teVo tckvo). 

The early Romans placed the hives in niches, 
hollowed out of the walls of the farm-house itself, 
under the shelter of the eaves (mbter subgrundas), 
but in later times it became more common to form 
a regular apiary (apiarium, aluearium, mellarium ; 
/j.eAiTTOTpo<pe7ov, fieXiTriivT)), sometimes so exten- 
sive, as to yield 5000 pounds of honey in a sea&on. 
This was a small enclosure in the immediate 
vicinity of the villa, in a warm and sheltered spot, 
as little subject as possible to great variations of 
temperature, or to disturbances of any description 
from the elements or from animals ; and carefully 
removed from the influence of foetid exhalations, 
such as might proceed from baths, kitchens, stables, 
dunghills, or the like. A supply of pure water was 
provided, and plantations were formed of those 
plants and flowers to which they were most attached, 
especially the cytisus and thyme, the former as 
being conducive to the health of bees, the latter as 
affording the greatest quantity of honey {aptissimum 
ad melificium). The yew was carefully avoided, 
not because in itself noxious to the swarm, but be- 
cause the honey made from it was poisonous. (Sic 
mea Cyrneas Jugiant cxamina taocos.) The hives 
(alvi, alvei, alvearia, Kixpehai), if stationary, were 
built of brick (domicilia lateribus facta?) or baked 
dung (ex fimo), if moveable, and these were con- 
sidered the most convenient, were hollowed out of 
a solid block, or formed of boards, or of wicker 
work, or of bark, or of earthenware, the last being 
accounted the worst, because more easily affected 
by heat or cold, while those of cork were accounted 
best, They were perforated with two small holes 
for the insects to pass in and out, were covered 
with moveable tops to enable the mellarius to in- 
spect the interior, which was done three times a 
month, in spring and summer, for the purpose of 
removing any filth which might have accumulated, 
or any worms that might have found entrance ; and 
were arranged, but not in contact, in rows one 
above another, care being taken that there should 
not be more than three rows in all, and that the 
lowest row should rest upon a stone parapet, ele- 
vated three feet from the ground, and coated with 
smooth stucco to prevent lizards, snakes, or other 
noxious animals from climbing up. 

When the season for swarming arrived, the 
movements which indicated the approaching de- 
parture of a colony (examen) were watched un- 
remittingly, and when it was actually thrown off, 
they were deterred from a long flight by casting 
dust upon them, and by tinkling sounds, being 
at the same time tempted to alight upon some 
neighbouring branch by rubbing it with balm 
(apiastrum, /j.*Aiaa6(pv\Aov, s. fie\ivov, s. /teAi- 
<pvAAov), or any sweet substance. When they 
had all collected, they were quietly transferred to 
a hive similarly prepared, and if they showed any 
disinclination to enter were urged on by surround- 
ing them with a little smoke. 

If quarrelsome, their pugnacity was repressed 
by sprinkling them with honey water (mella) • if 
lazy, they were tempted out by placing the sweet- 
smelling plants they most loved, chiefly apiastrum 
or thyme, in the immediate vicinity of the hive, 



recourse being had at the same time to a slight 
fumigation. If distracted by sedition in conse- 
quence of the presence of two pretenders to the 
throne, the rivals were caught, examined, and the 
least promising put to death. In bad weather, 
those stricken down and disabled by cold or sudden 
rain were tenderly collected, placed in a spot 
warmed by artificial heat, and as they revived laid 
down before their hives. When the weather for 
any length of time prevented them from going 
abroad, they were fed upon honey and water, or 
upon figs boiled in must and pounded into a paste. 

The honey harvest (mellatio, mellis vindemia, 
castratio al/eorum, dies castrandi, fieAlTiaais), ac- 
cording to Varro, took place three times a year, 
but more usually twice only, in June and October ; 
on the first visitation four-fifths, at the second two- 
thirds of the honey was abstracted ; but these pro- 
portions varied much according to the season, and 
the strength of the particular hive. The system 
pursued was very simple : the moveable top was 
taken off, or a door contrived in the side opened, 
the bees were driven away by a smoking apparatus, 
and the mellarius cut out with peculiarly formed 
knives as much of the contents as he thought fit. 

The comb (favus, Ktip'iov\ which was theproduct 
of their industry, was composed of wax (cera, /crjpby) 
formed into hexagonal cells (sex angulis cetta), the 
geometrical advantages of which were soon dis- 
covered by mathematicians, containing for the most 
part honey (mel, Du * a ' so * ne more solid 

sweet substance commonly called bee-bread (pro- 
polis, irp6iroAis), the classical name being derived, 
it is said, from the circumstance that it is found in 
greatest abundance near the entrance. The combs 
were cemented together, and the crevices in the 
hive daubed over with a glutinous gum, the erithace 
(tpiScLKti) of Varro and his Greek authorities, 
which seems to be the same with what is else- 
where termed melligo (fj.eA'iTa>fia), 

Columella and Palladius describe ingenious plans 
for getting possession of wild swarms (apes sylves- 
tres, ferae, rusticae, as opposed to wbanae, cicicres) ; 
and Pliny notices the humble bees which con- 
structed their nests in the ground, but seems to 
suppose that they were peculiar to a district in 
Asia Minor. The marks which distinguish the 
varieties of the domestic species will be found de- 
tailed by the different authorities quoted below. 
(Aristot. Hist. Anim. v. ix ; Aelian. de Anim. i. 
59, 60, v. 10, 11 ; Var. ii. 5, iii. 3, 16 ; Virg. Georg. 
iv, ; Colnm. ix. 3. &c, xi. 2 ; Plin. H. N. xi. 5, 
&c. ; Pallad. i. 37—39, iv. 15, v. 8, vi. 10, vii. 7, 
ix. 7, xi. 13, xii. 8.) 

Snails (cochleae). Certain species of snails were 
favourite articles of food among the Romans, and 
were used also medicinally in diseases of the lungs 
and intestines. The kinds most prized were those 
from Reate, which were small and white ; those 
from Africa of middling size, and very fruitful ; 
those called solitanae, also from Africa, larger than 
the former ; and those from Illyria, which were the 
largest of all. The place where they were preserved 
(cocklearium) was sheltered from the sun, kept 
moist, and not covered over, nor walled in, but 
surrounded by water, which prevented the escape 
of the inmates who were very prolific, and required 
nothing except a few laurel leaves and a little 
bran. They were fattened by shutting them up 
in a jar smeared with boiled must and flour, and 
perforated with holes to admit air. It has been 



AG RICULTURA. 



AGRIMEXSORES. 



71 



recorded that an individual named Fulvius Hir- 
pinus constructed, near Tarquinii, the first coch- 
learium ever formed in Italy, a short time before 
the civil war between Caesar and Pompey. (Varr. 
iii. 14 ; Plin. H. N. ix. 50', xxx. 7, 15 ; conip. 
Sallust. Jug. 93.) 

Dormice (r/lires) were regarded as articles of 
such luxury that their use as food was forbidden 
in the sumptuary laws of the more rigid censors ; 
but, notwithstanding, a i/lirarium became a com- 
mon appendage to a villa. It was a small space 
of ground surrounded with a smooth wall of polished 
or stuccoed stone, planted with acorn-bcaring trees 
to yield food, and containing holes (can) for rear- 
ing the young. They were fattened up in earthen 
jars (dolia) of a peculiar construction, upon chest- 
nuts, walnuts, and acorns. (Varr. iii. 15 ; Plin. 
H. N. ix. 57 ; comp. Martial, iii. 58, xiii. 59 ; 
Pctron. 31 ; Amni. Hare, xxviii. 4.) 

II. A. Piscinae. 

Lastly, we may say a few words upon artificial 
fish ponds, which were of two kinds — freshwater 
ponds (piscinae dukes), and salt water ponds 
(piscinae salsae s. maritimae). 

The former, from an early period, had frequently 
been attached to ordinary farms, and proved a 
source of gain ; the latter were unknown until the 
last half century of the republic, were mere ob- 
jects of luxury, and were confined for the most part 
to the richest members of the community, to many 
of whom, such as Hirrus, Philippus, Lucullus, and 
Hortensius, who are snecringly termed piscinarii 
by Cicero, they became objects of intense interest 
These receptacles were constructed at a vast cost 
on the sea-coast, a succession being frequently 
formed for different kinds of fish, and the most 
ingenious and elaborate contrivances provided for 
the admission of the tide at particular periods, and 
for regulating the temperature of the water ; large 
sums were paid for the stock with which they 
were filled, consisting chiefly of mullets and mu- 
raenac ; and a heavy expense was incurred in 
maintaining them, for fishermen were regularly 
employed to catch small fry for their food, and 
when the weather did not permit such supplies to 
be procured, salt anchovies and the like were 
purchased in the market For the most part thev 
yielded no return whatever, during the lifetime at 
least of the proprietors, for the inmates Were re- 
garded as pets, and frequently became so tame as 
to answer to the voice and eat from the hand. 
When sales did Like place the prices were very 
high. Thus Hirrus, who, on one occasion, lent 
Caesar 6,000 muracnae, at a subsequent period 
obtained 4,000,000 of sesterces (upwards of 
30,000/.) for an ordinary villa, chiefly in conse- 
quence of the ponds and the quantity of fish they 
contained. 

A certain Scrgius OraLi, a short time before the 
Margie War, formed artificial oyster-beds (vivaria 
MJManra) from which he obtained a large revenue. 
He first asserted and csUiIiIihIi. d tin- superiority of 
tlli' shell-fish from tin' Lurrine Lake, which have 
nlways maintained their celebrity, although under 
the empire less esteemed than those from Britain. 
(Vnrr. ft. ft. iii. 17 ; Colum. viii. 16, 17; Plin. 
//. A . ix. 64, 55 ; Cic ail Alt. i. 19.) 

Of modem treatises connected with the subject 
of this article the most importint is Dickson's 
" Husbandry of the Ancients," 2 vols. Ovo. 1788, 



the work of a Scotch clergyman, who was well 
acquainted with the practical details of agriculture 
and who had studied the Latin writers with great 
care, but whose scholarship was unfortunately so 
imperfect that he was in many instances unable to 
interpret correctly their expressions. Many use- 
ful and acute observations will be found in the 
" Economie Politique des Romains " by Dureau 
de la Malle, 2 tomes, 8vo. Paris, 1840, but he also 
is far from being accurate, and he is embarrassed 
throughout by very erroneous views with regard to 
the rate of interest among the Romans, and by the 
singular misconception that from the expulsion of 
the kings until the end of the second Punic war, 
the law forbade any Roman citizen to possess more 
than 7 jugers of land. (Vol. ii. p. 2.) Those who 
desire to compare the agriculture of modern Italy 
with ancient usages will do well to consult Arthur 
Young's " Travels in Italy," and the Appendix of 
Symonds ; the " Agriculture Toscane " of J. C. L. 
Simonde, 8vo. Geneve, 1801 ; and " Lettres ex-rites 
d'ltalie a Charles Pictet par M. Lullin de Cha- 
tcanvieux." 8vo. Paris. 2nd ed. 1820. [W. R.] 

AGKIMENSO'RES. At the foundation of a 
colony and the assignation of lands the auspicia 
were taken, for which purpose the presence of the 
augur was necessary. But the business of the 
augur did not extend beyond the religious part of 
the ceremony: the division and measurement of 
the land were made by professional measurers. 
These were the Finitorcs mentioned in the early 
writers (Cic. c. Kullum, ii. 1 3 ; Plautus, I'ocnuJus, 
Prolog. 49), who in the later periods were called 
Mcnsorcs and Agrimensores. The business of a 
Finitor could only be done by a free man, and 
the honourable nature of his office is indicated by 
the rule that there was no bargain for - his services, 
but he received his pay in the form of a gift 
These Finitores appear also to have acted as judiccs, 
under the name of arbitri. in those disputes about 
boundaries which were purely of a technical, not a 
legal, character. 

Under the empire the observance of the auspices 
in the fixing of camps and the establishment of 
military colonies wag less regarded, and the prac- 
tice of the Agrimensores was reduced to a system 
by Julius Frontinus, Hyginus, Siculus Flaccns, and 
other Gromatic writers, as they are sometimes 
termed. As to the meaning of the term Groma, 
and the derived words, see Facciolati, /.<n.v,«, and 
the Index to Goesius, lici Aijrariae Scripture*. 
The teachers of geometry in the large cities of the 
empire used to give practical instruction on the. 
system of gromatice. This practical geometry was 
one of the libcralia stndia (Dig. 50. tit 13. s. 1) ; 
but thi! professors of geometry and the teachers of 
law were not exempted from the obligation of being 
tutorcs, and from other Btich burdens (/•>«//. Vat. 
S 150), a fact which shows the subordinate rank 
which the teachers of elementary science then held. 

The Agrimensor could mark out the limits of 
the centuriae.and restore the boundaries when' they 
were confused, but In- could not assign (aisii/narr) 
without n commission from the em|ieror. Military 
persons of various classes are also sometimes men- 
tioned as practising surveying, and settling disputes 
about boundaries. The lower rank of the profes- 
sional Agrimensor, as contrasted with the Finitor 
of earlier |ieriods, is shown by the fart that in the 
imperial period there might be n contract with an 
Agrimensor for paying him for his services. 
v 4 



72 



AGRIONIA. 



AGROTERAS THUSIA. 



The Agi'imensor of the later period was merely 
employed in disputes as to the boundaries of pro- 
perties. The foundation of colonies and the as- 
signation of lands were now less common, though 
we read of colonies being established to a late 
period of the empire, and the boundaries of the 
lands must have been set out in due form. (Hy- 
ginus, p. 177, ed. Goes.) Those who marked out 
the ground in camps for the soldiers'' tents are also 
called Mensores, but they were military men. (Ve- 
getius, De Re Militari, ii. 7.) The functions of 
the Agrimensor are shown by a passage of Hyginus 
(De Controvers. p. 1 70) : in all questions as to deter- 
mining boundaries by means of the marks (signa), 
the area of surfaces, and explaining maps and plans, 
the services of the Agrimensor were required : in 
all questions that concerned property, right of road, 
enjoyment of water, and other easements (servitutes) 
they were not required, for these were purely legal 
questions. Generally, therefore, "they were either 
employed by the parties themselves to settle 
boundaries, or they received their instructions for 
that purpose from a judex. In this capacity they 
were advocati. But they also acted as judices, 
and could give a final decision in that class of 
smaller questions which concerned the quinque 
pedes of the Mamilia Lex [Lex Mamilia], as ap- 
pears from Frontinus (pp. 6'3, 75, ed. Goes.). Under 
the Christian emperors the name Mensores was 
changed into Agrimensores to distinguish them 
from another class of Mensores, who are mentioned 
in the codes of Theodosius and Justinian (vi. 34, 
xii. 28). By a rescript of Constantine and Con- 
stans (a. d. 344) the teachers and learners of 
geometry received immunity from civil burdens. 
According to a constitution of Theodosius and Va- 
lentinian (a. d. 440) as given in the collection of 
Goesius (p. 344), they received jurisdiction in ques- 
tions of Alluvio ; but Rudorff observes, " that the 
decisive words ' ut jndicio agrimensoris finiatur,' 
and ' haec agrimensorum semper esse judicia ' are a 
spurious addition, which is not found either in Nov. 
Theod. Tit. 20, nor in L. 3. C. De Alluv. (Cod. 
Just. vii. tit. 41)." According to another constitu- 
tion of the same emperors, the Agrimensor was to 
receive an aureus from each of any three border- 
ing proprietors whose boundaries he settled, and if 
he set a limes i right between proprietors, he re- 
ceived an aureus for each twelfth part of the pro- 
perty through which he restored the limes. Fur- 
ther, by another constitution of the same emperors 
(Goesius, p. 343), the young Agrimensores were to 
be called " clarissimi " while they were students, 
and when they began to practise their profession, 
spectabiles. All this, which is repeated by modern 
writers, is utterly incredible. (Rudorff, p. 420, 
&c, and the notes.) 

(Rudorff, Ueber die Feldmesser, Zeitschrift fiir 
Geschicht. Rechtsw. vol. x. p. 412, a clear and exact 
exposition ; Niebuhr, vol. ii. appendix 2 ; Dureau 
de la Malle, Economie Politique dcs Romains, vol. i. 
p. 179 ; the few remarks of the last writer are of 
no value.) [G. L.] 

AGRIO'NIA (aypiiivia), a festival which was 
celebrated at Orchomenus, in Boeotia, in honour of 
Dionysus, surnamed 'Aypitivios. It appears from 
Plutarch (Quaest. Rom. 102), that this festival was 
solemnised during the night only by women and 
the priests of Dionysus. It consisted of a kind of 
game, in which the women for a long time acted as 
if seeking Dionysus, and at last called out to one 



another that he had escaped to the Muses, and had 
concealed himself with them. After this they pre- 
pared a repast ; and having enjoyed it, amused 
themselves with solving riddles. This festival was 
remarkable for a feature which proves its great 
antiquity. Some virgins, who were descended from 
the Minyans, and who probably used to assemble 
around the temple on the occasion, fled and were 
followed by the priest armed with a sword, who 
was allowed to kill the one whom he first caught. 
This sacrifice of a human being, though originally 
it must have formed a regular part of the festival, 
seems to have been avoided in later times. One 
instance, however, occurred in the days of Plutarch. 
(Quaest. Grace. 38.) But as the priest who had 
killed the woman was afterwards attacked by dis- 
ease, and several extraordinary accidents occurred 
to the Minyans, the priest and his family were 
deprived of their official functions. The festival, 
as well as its name, is said to have been derived 
from the daughters of Minyas, who, after having 
for a long time resisted the Bacchanalian fury, were 
at length seized by an invincible desire of eating 
human flesh. They therefore cast lots on their 
own children, and as Hippasus, son of Leucippe, 
became the destined victim, they killed and ate 
him, whence the women belonging to that race 
were at the time of Plutarch still called the 
destroyers (oAeTcu or aloActiai) and the men 
mourners (<|/oAoe7s). (MUller, Die Minyer, p. 166. 
&c. ; K. F. Hermann, Lehrbuch d. gottesdienstlichen 
Altarthumer d. Griechen, § 63. n. 13.) [L. S.] 

AGRO'NOMI (aypovS/xoi), are described by 
Aristotle as the country police, whose duties cor- 
responded in most respects to those of the astynomi 
in the city [Astynomi], and who performed nearly 
the same duties as the hylori (vAwpol). (Polit. vi. 
5.) Aristotle does not inform us in what state 
they existed ; but from the frequent mention of 
them by Plato, it appears probable that they be- 
longed to Attica. (Plat. Legg. vi. pp. 617, 618 ; 
Timaeus, Lex. s. v. and Ruhnken's note, in which 
several passages are quoted from Plato.) 

AGRO'TERAS THU'SIA (ayporepas bvcria), 
a festival celebrated every year at Athens in honour 
of Artemis, surnamed Agrotera (from aypa, chase). 
It was solemnized, according to Plutarch (De Ma- 
lign. Herod. 26), on the sixth of the month of 
Boedromion, and consisted in a sacrifice of 500 
goats, which continued to be offered in the time of 
Xenophon. (Xenoph. Anab. iii. 2. § 12.) Aelian 
( V. H. ii. 25) places the festival on the sixth day 
of Thargelion, and says that 300 goats were sacri- 
ficed ; but as the battle of Marathon which gave 
rise to this solemn sacrifice, occurred on the sixth 
of Boedromion, Aelian's statement appears to be 
wrong. (Plut. De Glor. Athen. 7.) 

This festival is said to have originated in the 
following manner: — When the Persians invaded 
Attica, Callimachus, the polemarch, or, according to 
others, Miltiades, made a vow to sacrifice to Artemis 
Agrotera as many goats as there should be enemies 
slain at Marathon. But when the number of enemies 
slain was so great, that an equal number of goats 
could not be found at once, the Athenians decreed 
that 500 should be sacrificed every year. This is 
the statement made by Xenophon ; but other an- 
cient authors give different accounts. The Scholiast 
on Aristoph. (Equit. 666) relates that the Athe- 
nians, before the battle, promised to sacrifice to 
Artemis one ox for every enemy slain ; but when 



AIKIAS DIKE, 
the number of oxen could not be procured, they 
substituted an equal number of coats. [L. S.] 

AGYRMUS (ayvpn6s). [Elecsixia.] 

AGYRTAE (iyvprai), mendicant priests, who 
■were accustomed to travel through the different 
towns of Greece, soliciting alms for the gods whom 
they served. These priests carried, either on their 
shoulders or on beasts of burthen, images of their 
respective deities. They appear to have been of 
Oriental origin, and were chiefly connected with 
the worship of Isis, Opis and Arge (Herod, iv. 3.5), 
and especially of the great mother of the gods ; 
whence they were called pL-nTpayvpTai. They were 
generally speaking, persons of the lowest and most 
abandoned character. They undertook to inflict 
some grievous bodily injury on the enemy of any 
individual who paid them for such services, and 
also promised, for a small sum of money, to obtain 
forgiveness from the gods whom they served, for 
any sins which either the individual himself or 
his ancestors had committed. (Plat Rep. ii. p. 
364, b. ; Plut Superst. c. 3 ; Zosim. i. 1 1 ; Max. 
Tyr. xix. 3 ; Athen. vL p. 266, d ; Origen, c. Celt. 
L p. 8; Phil. Leg. ii. p. 792 ; Ruhnkcn,a</ Timaei 
Lex. 3. m. ayetpouoav and braryayal ; K. F. Her- 
mann, Lehrbucli d. gottesdiensiliclien Alterth'umer d. 
Grieclien, § 42, n. 13.) 

These mendicant priests came into Italy, but at 
what time is uncertain, together with the worship 
of the gods whom they served. (Cic De Leg. ii. 
16; Heindorff, ad Hot. Serm. L 2. 2.) 

A HE' NUM. [Abnuji.] 

A I K I AS DI K E (cu'ici'af Si/cn), an action brought 
at Athens, before the court of the Forty ( oi tct- 
TapaKoyra), against any individual, who had struck 
a citizen of the state. Any citizen, who had been 
thus insulted, might proceed in two ways against 
the offending party, cither by the oi/fios oik?), 
which was a private action, or by the vgptwi ypcup-q, 
which was looked upon in the light of a public 
prosecution, since the state was considered to be 
wronged in an injury done to any citizen. It ap- 
pears to have been a principle of the Athenian 
law, to give an individual, who had been injured, | 
more than one mode of obtaining redress. If the 
plaintiff brought it as a private suit, the defendant 
would only be condemned to pay a fine, which the 
plaintiff received ; but if the cause was brought 
ns a public suit, the accused might be punished 
even with death, and if condemned to pay a fine, 
the latter went to the state. 

It was necessary to prove two facts in bringing 
tin- cu'iri'af S1V.7 before the Forty. First, That the 
defendant had struck the plaintiff, who must have 
l>cen a free man, with the intention of insulting 
him (lip' uSpti), which, however, was always pre- 
sumed to have been the intention, unless the de- 
fendant could prove that he only struck the plain- 
tiff in joke. Thu* Ariston, after proving that he 
hid been struck by Conon, tells the judges that 
Conon will attempt to show that he had only 
ntnii k him in play. (I)em. e. Conon. p. 1261.) 
Secondly, It was necessary to prove that the de- 
femlant struck the plaintiff first, and did not merely 
return the blows which had been given by the 
plaintiff (&px*iv X"?"" ahiitwv, or merely atiiKwv 
ApX"". "em. r. Everg. pp. 11 II, 11.51.) 

In this action, the sum of money to be paiil by 
the (I "feinlant as damages was not fixed by the laws ; 
but the plaintiff assessed the amount according to 
the injury, which he thought he had received, and 



ALA. 73 

the judges determined on the justice of the claim. 
It was thus an assessed action, and resembled the 
procedure in public causes. The orations of De- 
mosthenes against Conon, and of Isocrates against 
Lochites, were spoken in an action of this kind, and 
both of these have come down to us ; and there 
were two orations of Lysias, which are lost, relating 
to the same action, namely, against Theopompus 
and Hippocrates. (Harpocrat. s. v. alxias ; Meier, 
Alt. Process, p. 547, &c. ; Bockh, Pull. Econ. of 
Athens, pp. 3.52, 364, 372, 374, 2nd ed.) 

AITHOUSA (afflovo-a), a word only used by 
Homer, is probably for aiBovaa o~rod, a portico ex- 
posed to the sun. From the passages in which it 
occurs, it seems to denote a covered portico, opening 
on to the court of the house, ouAtj, in front of the 
vestibule, np6Bvpov. Thus a chariot, leaving the 
house, is described as passing out of the irp66vpov 
and the atdovo-a. (II. xxiv. 323 ; Od. iii. 493, xv. 
146, 191.). The word is used also in the plural, 
to describe apparently the porticoes which sur- 
rounded the av\4i. (II. vL 243 ; Od. viiL 57.) 
It was in such a portico that guests were lodged 
for the night. (Od. iii. 399, vii. 345). It was 
also the place of reception for people flocking to the 
palace on a public occasion (//. xxiv. 239 ; Od. 
viiL 57) ; and hence perhaps the epithet tptSoimos, 
which Homer usually connects with it. [P. S.] 
ALA, a part of a Roman house. [Domus.] 
ALA, ALARES, ALA'RII. These words, 
like all other terms connected with Roman war- 
fare, were used in different or at least modified 
acceptations at different periods. 

Ala, which literally means a wing, was from the 
earliest epochs employed to denote the wing of an 
army, and this signification it always retained, but 
in process of time was frequently used in a re- 
stricted sense. 

1. When a Roman army was composed of 
Roman citizens exclusively, the flanks of the in- 
fantry when drawn up in battle array were covered 
on the right and left by the cavalry ; and hence 
Ala denoted the body of horse which was attached 
to and served along with the foot-soldiers of the 
legion. (See Cincius, de Re Militari, who, al- 
though he flourished B. c. 200, is evidently ex- 
plaining in the passage quoted by Aulus Gellius, 
rvi. 4, the original acceptation of the term.) 

2. When, at a later date, the Roman armies 
were composed partly of Roman citizens and partly 
of Socii, cither lAttini or Italici, it became the 
practice to marshall the Roman troops in the centre 
of the battle line and the Socii upon the wings. 
Hence ala and alarii denoted the contingent fur- 
nished by the allies, both horse and foot, and the 
two divisions were distinguished as dextcra ala and 
sinistra ala. (Liv. xxvii. 2, xxx. 21, xxxi. 21 ; 
Lips, de Mi/it. Hum. ii. dial. 7. We find in Liv. 
x. 40, the expression cum rnlwrtil/us aluriis, nnd in 
x. 43, I). Ilrutum Scacram legation rum legionc. 
prima et decern cohtrrtibus alariis ctjuitutw/ue ire. 
.... jiutit.) 

3. When the whole of the inhabitants of Italy 
had been admitted to the privileges of Roman 
citizens the terms alnrii, enhortes alariae were trans- 
ferred to the foreign troops serving along with tho 
Roman armies. In (';e<ir (II. (!. i. 51) we see the 
Alarii expressly distinguished from the legionarii, 
and we find the phrase (II. ('. i. 73) eolmrtes alarvte 
rt legiimariar, while Cicero (ad I 'am. ii. 17) spenkH 
of the Alarii Tranrpadan>. 



74 



ALAUDA. 



ALEA. 



4. Lastly, under the empire, the term ala was 
applied to regiments of horse, raised it would seem 
with very few exceptions in the provinces, serving 
apart from the legions and the cavalry of the le- 
gions. It is to troops of this description that 
Tacitus refers when (Ann. xv. 10) he mentions 
Alares Pannonii robur equitatus. 

Some further details on this subject are given 
under Exercitus. [W. R.] 

ALABARCHES (aXaGapxys), appears to have 
been the chief magistrate of the Jews at Alexandria; 
hut whose duties, as far as the government was 
concerned, chiefly consisted in raising and paying 
the taxes. (Joseph. Ant. xviii. 18. § 1, xix. 5. 
§ 1, xx. 5. § 2; Euseh. H. E. ii. 5.) Hence, Ci- 
cero (ad Att. ii. 17) calls Pompey alabarehes from 
his raising the taxes. The etymology of this word 
is altogether uncertain, and has given rise to great 
disputes ; some modern writers propose, but with- 
out sufficient reason, to change it, in all the pas- 
sages in which it occurs, into arabarches. The 
question is fully discussed by Sturzius. (De Dia- 
lect. Macedon. et Alexandrin. p. 65, &c.) 

ALABASTRUM and ALABASTER (d\d- 
Saarpov, akdSaaTpos), a box or vase for holding 
perfumes and ointments ; so called because they 
were originally made of alabaster, of which the 
variety, called onyx-alabaster, was usually em- 
ployed for this purpose. (Plin. H. N. xiii. 2. s. 3, 
xxxvi. 8. s. 12.) They were, however, subse- 
quently made of other materials, as, for instance, 
gold (xpi&eia aXaSaarpd). Such vases are first 
mentioned by Herodotus (iii. 20), who speaks of 
an " alabaster-box of perfumed ointment " (filipov 
a\d§acrTpov) 7 as one of the presents sent by 
Cambyses to the Ethiopian king ; and after his 
time they occur both in Greek and Roman writers. 
(Aristoph. Acharn. 1053 ; Aelian, V. H. xii. 18 ; 
Martial, xi. 8 ; Matth. xxvi. 7 ; Mark, xiv. 3 ; 
Luke, vii. 37.) These vessels were of a tapering 
shape, and very often had a long narrow neck, 
which was sealed ; so that when the woman in the 
Gospels is said to break the alabaster-box of oint- 
ment for the purpose of anointing Christ, it ap- 
pears probable that she only broke the extremity 
of the neck, which was thus closed. 
ALABASTRI'TES. [Alabaster.] 
ALAEA (AAaia), games which were annually 
celebrated at the festival of Athena, surnamed 
Alea, near Tegea, in the neighbourhood of the 
magnificent temple of the same goddess. (Paus. 
viii. 47. § .3.) [L. S.] 

ALA'RII. [Ala.] 

ALAUDA, a Gaulish word, the prototype of 
the modern French Alouette, denoting a small 
crested bird of the lark kind which the Latins in 
allusion to its tuft denominated' Galerita. The 
name alauda was bestowed by Julius Caesar on a 
legion of picked men, which he raised at his own 
expence among the inhabitants of Transalpine 
Gaul, about the year B. c. 55, not as erroneously 
asserted by Gibbon, during the civil war ; which 
he equipped and disciplined after the Roman 
fashion ; and on which in a body, he at a sub- 
sequent period bestowed the freedom of the state. 
This seems to have been the first example of a 
regular Roman legion levied in a foreign country 
and composed of barbarians. The designation was, 
in all probability, applied from a plume upon the 
helmet, resembling the " apex " of the bird in 
question, or from the general shape and appearance 



of the head-piece. Cicero in a letter to Atticus, 
written in B. c. 44, states that he had received in- 
telligence that Antonius was marching upon the 
city " cum legione alaudarum," and from the 
Philippics we learn that by the Lex Judiciaria of 
Antonius even the common soldiers of this corps 
{Alaudae — manipulares ex legione Alaudarum) 
were privileged to act as judices upon criminal 
trials, and enrolled along with the veterans in the 
third decuria of judices, avowedly, if we can trust 
the orator, that the framer of the law and his 
friends might have functionaries in the courts of 
justice upon whose support they could depend. 

That the legion Alauda, was numbered V. is 
proved by several inscriptions, one of them be- 
longing to the age of Domitian in honour of a cer- 
tain Cn. Domitius, who among many other titles is 
styled trib. mil. leg. V. alaudae. It had 
however disappeared from the army list in the 
time of Dion Cassius, that is, in the early part of the 
third century, for the historian, when giving a cata- 
logue of such of the twenty-three or twenty-five 
legions which formed the establishment of Augustus, 
as existed when he wrote, makes no mention of any 
fifth legion except the Quinta Macedonica. (Sueton. 
Jul. 24 ; Caesar, B. C. i. 39 ; Plin. H. N. xi. 44 ; 
Cic. Philip, i. 8. § 20, v. 5. § 12, xiii. 2. § 3, 18. 
§ 37 ; Grater, Corp. Inscrip. Lot. ccccm. 1, 
dxliv. 2, dxlix. 4, dux. 7 ; Orelli, Inscrip. 
Lot. n. 773.) [W. R] 

ALBOGALE'RUS. [Apex.] 

ALBUM is defined to be a tablet of any mate- 
rial on which the praetor's edicts, and the rules 
relating to actions and interdicts, were written. 
[Edictum.] The tablet was put up in a public 
place in Rome, in order that all persons might 
have notice of its contents. According to some 
authorities, the album was so called, because it was 
either a white material, or a material whitened, 
and of course the writing would be a different 
colour. According to other authorities, it was so 
called because the writing was in white letters. 
If any person wilfully altered or erased (raserit, 
corruperit,mutaverit) any thing in the album, he 
was liable to an action albi corrupti, and to a heavy 
penalty. (Dig. 2. tit. i. s. 7, 9.) 

Probably the word album originally meant any 
tablet containing any thing of a public nature. 
Thus, Cicero informs us that the Annales Maximi 
were written on the album by the pontifex maxi- 
mus. (De Orat. ii. 12.) But, however this may 
be, it was in course of time used to signify a list 
of any public body ; thus we find the expression, 
album scnatorium, used by Tacitus (Ann. iv. 42), 
to express the list of senators, and corresponding 
to the word leucoma used by Dion Cassius (lv. 3). 
The phrase album decurionum signifies the list of 
decuriones whose names were entered on the 
album of a municipium, in the order prescribed 
by the lex municipalis, so far as the provisions 
of the lex extended. (Dig. 50. tit. 3.) Album ju- 
dicum is the list of judices. (Suet. Claud. 16.) 
[Judex.] [G. L.] 

ALCATHOEA (oA/mAoTa). The name of 
games celebrated at Megara, in commemoration of 
the Eleian hero AlcathouSj son of Pelops, who had 
killed a lion which had destroyed Euippus, son of 
King Megareus. (Pind. Isthm. viii. 148 ; Paus. i. 
42. §1.) [L.S.] 

ALEA, gaming, or playing at a game of chance 
of any kind. Hence, alea, aleator, a gamester, a 



ALEA. 

gambler. Playing with tali or tesserae was gene- 
rally understood ; because these were by far the 
most common games of chance among the Romans. 
[Talus ; Tessera.] 

Gaming was considered disreputable at Rome ; 
and hence aleator was used as a term of reproach. 
(Cic. in Cat. ii. 10, ad Att. xiv. 5.) It was also 
forbidden at Rome by special laws, during the 
times of the republic, and under the emperors 
(vetita legilms alea). (Hor. Carm. iii. '24. 58 ; Cic. 
Philip, ii. 23; Ov. Trist. ii. 470, &c, Dig. 11. 
tit. 5.) We have, however, no express inform- 
ation as to the time when these laws were en- 
acted or the exact provisions which they contained. 
There are three laws mentioned in the Digest 
(/. c.) forbidding gambling, the Leges Titia, Pub- 
licia, and Cornelia, and likewise a senatus con- 
sulting and the praetor's cdictum. At what time 
the two former laws were passed is quite uncer- 
tain ; but the Lex Cornelia was probably one of 
the laws of the dictator Sulla, who, we know, made 
several enactments to check the extravagance and 
expense of private persons. [Scmtus.] Some 
writers infer from a passage of Plautus (Mil. 
Ghr. ii 2. 9) that gaming must have been for- 
bidden by law in his time ; but the fer talaria in 
this passage seems rather to refer to the laws of the 
game than to any public enactment. Some modern 
writers, however, read lex alearia in this passage. 
The only kinds of gaming allowed by the law 
were, first, playing at table for the different articles 
of food, and playing for money at games of 
strength, such as hurling the javelin, running, 
jumping, boxing, &.c. (Dig. /. c.) Those who were 
convicted of gaming were condemned to pay four 
times the sum they had staked ( Pseudo-Ascon. in 
Cic. Itiv. § 24. p. 1 10. ed. Orelli), and became t»- 
J'ames in consequence. We know that in/amia 
was frequently a consequence of a judicial decision 
| [rPAJCIa] ; and we may infer that it was in this 
case from the expression of Cicero. (" Homincm 
lege, quae est dc alea, condemnatum, in integrum 
rr^tUuit," Cic. Phil. ii. 23.) Justinian forbade all 
gaming both in public and in private. (Cod. 3. tit. 
■I'-i.) Games of chance were, however, tolerated in 
the month of December at the Saturnalia, which was 
a period of general relaxation (Mart. iv. 14, v. f!4; 
GuL xviiL 13; Suet. A ug. 7 1 J ; and among the 
(ireeks, as well as the Romans, public opinion 
allowed old men to amuse themselves in this 
manner. (Eurip. Med. 67 ; Cic. Sencct. 16.) 
Under the empire gambling was carried to a great 
height, and the laws were probably little more 
than nominal. Many of the early emperors, 
Augustus, Caligula, Claudius, Vitcllius, and Do- 
mitian, were very fond of gaming, and set but an 
evil example to their subjects in this matter. 
(Suet Aug. 70, 71 ; Dion Cass. lix. 22 ; Suet 
( <//. II, Claud. 33; Dion Cass. lx. 2 ; Suet Ik>m. 
21.) Professed gamesters made a regular study of 
their art ; nnd there were treatises on the subject, 
mix ii lit which was a Imok written by the emperor 
Claudius. (Ov. Trist. ii. 471 ; Suet, Clntvl. 33.) 

Alea sometimes denotes the i 1 1 1 1 > I ■ 1 1 1 ' 1 1 1 n*' <l in 
playing, as in the phrase jocta alea est, u the die 
M cast," uttered by .lulius Caesar, immediately 
lieforc he crossed the Rubicon (Sui t. .ltd. 32); and 
it is often used for chance, or uncertainty in gene- 
ral. (Hor. Carm. ii. 1. 6; Cic. Div. ii. 15.) Ro- 
MCtma the ennctmrnts against gambling, see 
Hem, O r im k ah eu ht Ucr Homer, \>. 833. 



ALIPTAE. 75 

ALEAIA ('AAe'am), a festival celebrated to the 
honour of Athena Alea at Tegea with games and 
contests, of which we find mention in inscriptions. 
(Paus. viii. 47, § 3 ; Krause, Die Gt/mnastik u. 
Agonistik d. Hellenen, pp. 734 — 736 ; K. F. Her- 
mann, Lehrbuch d. gottisdicnstliclicn A/terthumcr d. 
Griechen, § 51, n. 11 ; comp. IIalotia.) 

ALI CULA (SaAi£ or &AA7)|), an upper dress, 
which was, in all probability, identical with the 
chlamys, although Hesychius explains it as a kind 
of chiton (Euphor. Fr. 112, ap. Meincke, Anal. 
Alex. p. 137 ; Callim. Fr. 149, ap. Naeke, Ojiusc. 
vol. ii. p. 86 ; Hesych. & v. ; Suid. s. r. &AAi«a 
and ii/erijai ; Miiller, Arch. d. Kunst, § 337, n. 6; 
Martial, xii. 83.) [P. S.] 

ALIMENT A'RII PUERI ET PUELLAE. 
In the Roman republic, the poorer citizens were as- 
sisted by public distributions of corn, oil, and money, 
which were called congiaria. [Congiarium.] 
These distributions were not made at stated periods, 
nor to any but grown-up inhabitants of Rome. The 
Emperor Nerva was the first who extended them to 
children, and Trajan appointed them to be made 
every month, both to orphans and to the children 
of poor parents. The children who received them 
were called pucri et puelkie alimenturii, and also 
(from the emperor) pueri puellaerjuc Ulpiani ; and 
the officers who administered the institution were 
called quaestores pecuniae alimcntariae, quaestores 
alimentorum, procuraturcs alimentorum, or prue/'ecti 
alimcnlorum. 

The fragments of an interesting record of an in- 
stitution of this kind by Trajan have been found 
at Vclleia, near Placentia, from which we learn 
the sums which were thus distributed, and the 
means by which the money was raised. A 
similar institution was founded by the younger 
Pliny, at Comum. (Plin. Epist. vii. 18, L 8 ; and 
the inscription in Orelli, 1172.) Trajan's benevo- 
lent plans were carried on upon a larger scale by 
Hadrian and the Antonincs. Under Comnmdus 
and Pertinax the distribution ceased. In the reign 
of Alexander Severus, we again meet with atimrn- 
tarii pucri and puellae, who were called Mammaeani, 
in honour of the emperor's mother. We learn, 
from a decree of Hadrian (UIp. in Dig. 34. tit. 1. 
s. 14), that boys enjoyed the benefits of this in- 
stitution up to their eighteenth, and girls up to 
their fourteenth year ; and, from an inscription 
(Fabrctti, 235, 619), that a boy four years and 
seven months old received nine times the ordi- 
nary monthly distribution of corn. (Aurel. Vict. 
Kpit. xii. 4 ; Capitolin. Ant. Pi. 8, M. Aur. 
26, /'err. 9 ; Spart. Had. 7 ; Lamprid. .Set'. 
Alex. 57 ; Orelli, Inner. 3364, 3365 ; Fabrctti, 
234, 617 ; Raschc, Isx. Univ. Hci A'am. s. v. 
Tulela Id iliac ; Eckhel, Dort. Num. Vet. vol. vi. 
p. 408 ; F. A. Wolf, Van cim r milden Stijtung 
Trojans.) | P. S.] 

ALI'PILUS, a slave, who attended on bathers, 
to remove the superfluous hair from their bodies. 
(Sen. /•.'/>. 56 ; Pignnr. de .Sen: 42.). [P. S.] 

ALIPTAE (oAiIittoi) nmong the (ireeks, 
were persons who anointed the bodies of the 
athlctne, preparatory to their entering the palaes- 
tra. The chief object of this anointing wns to close, 
the pores of the body, in order to prevent excessive 
perspiration, and the weakness consequent thereon. 
To elTirt this object, the oil was not simplv spread 
over the surfare of the body, but also well nibbed 
| into the skin. The oil was mixed with fine 



76 



ALLUVIO. 



AMBITUS. 



African sand, several jars full of which were found 
in the baths of Titus, and one of these is now in 
the British Museum. This preparatory anointing 
was called rj irapaVKevaaTiK}] rptyis. The athleta 
was again anointed after the contest, in order to 
restore the tone of the skin and muscles ; this 
anointing was called f) airuBepanrtia. He then 
bathed, and had the dust, sweat, and oil scraped 
off his body, by means of an instrument similar to 
the strigil of the Romans, and called (rrXeyyis, and 
afterwards £iVrpa. The aliptae took advantage 
of the knowledge they necessarily acquired of the 
state of the muscles of the athletae, and their gene- 
ral strength or weakness of body, to advise them 
as to their exercises and mode of life. They 
were thus a kind of medical trainers. larpaXdirTai. 
(Plut. de Tuend. San. 16. p. 430 ; Celsus, i. 1 ; 
Plin. If. N. xxix. 1, 2.) Sometimes they even 
superintended their exercises, as in the case of 
Milesias. (Pindar, Olyin.vm. 54 — 71 ;andBb'ckh's 
note.) [Athletae.] The part of the palaestra 
in which the athletae were anointed was called 
aKsnrTypiov. 

Among the Romans, the aliptae were slaves who 
scrubbed and anointed their masters in the baths. 
They, too, like the Greek aXdirrai, appear to 
have attended to their masters 1 constitution and 
mode of life. (Cic. ad Fam. i. 9, 35 ; Senec. Ep. 
56 ; Juvenal, Sat. iii. 76, vi. 422 ; Pignor. de 
Serv. p. 81.) They were also called unctores. 
They used in their operations a kind of scraper 
called a strigil, towels (li/itea), a cruise of oil (guttus), 
which was usually of horn, a bottle [Ampulla], 
and a small vessel called lenticula. [Baths.] 

The apartment in the Greek palaestra where 
the anointing was performed was called i,\enr- 
rripiov, that in the Roman baths was called 
unctuarium. [P. S.] 

ALLU'VIO. " That," says Gaius (ii. 70, &c), 
" appears to be added to our land by alluvio, 
which a river adds to our land (agcr) so gradually 
that we cannot estimate how much is added in 
each moment of time ; or, as it is commonly ex- 
pressed, it is that which is added so gradually as 
to escape observation. But if a river (at once) 
takes away a part of your land, and brings it to 
mine, this part still remains your property." There 
is the same definition by Gaius in his Res Coti- 
dianae (Dig. 41. tit. 1. s. 7), with this addition: — 
" If the part thus suddenly taken away should 
adhere for a considerable time to my land, and the 
trees on such part should drive their roots into my 
land, from that time such part appears to belong to 
my land." The acquisitio per alluvionem was con- 
sidered by the Roman jurists to be by the jus 
gentium, in the Roman sense of that term ; and it 
was comprehended under the general head of 
Accessio. A man might protect his land against 
loss from the action of a river by securing the 
banks of his land (Dig. 43. tit. 15 ; De Ripa 
Munienda), provided he did not injure the navi- 
gation. 

If an island was formed in the middle of a river, 
it was the common property of those who possessed 
lands on each bank of the river ; if it was not in 
the middle, it belonged to those who possessed lands 
on that bank of the river to which it was nearest. 
(Gaius, ii. 72.) This is explained more minutely 
in the Digest (41. tit. 1. s. 7). A river means a 
public river (Jlumen pMicum). 

According to a constitution of the Emperor 



Antoninus Pius, there was no jus alluvionis in the 
case of agri limitati, for a certain quantity (certus 
cuique modus) was assigned by the form of the 
centuriae. (Dig. 41. tit. 1. s. 16 ; comp. Aggenus 
Urbicus, in Frontin. Comment. De Alluvione, pars 
prior, ed. Goes ; and Ager.) Circumhivio differs 
from alluvio in this, that the whole of the land in 
question is surrounded by water, and subject to 
its action. Cicero {De Orat. i. 38) enumerates the 
jura alltivionum and circuinluvionum as matters in- 
cluded under the head of causae centumvirales. ■< 

The doctrine of alluvio, as stated by Bracton in 
the chapter De acqairendo Rerum Dominio (fol. 9), 
is taken from the Digest (41. tit. 1. s. 7), and is 
in several passages a copy of the words of Gaius, as 
cited in the Digest. [G. L.] 

ALOA or HALOA ('AAcDa, 'AAtStt), an Attic 
festival, but celebrated principally at Eleusis, in 
honour of Demeter and Dionysus, the inventors of 
the plough and protectors of the fruits of the earth. 
It took place every year after the harvest was over, 
and only fruits were offered on this occasion, partly 
as a grateful acknowledgment for the benefits the 
husbandman had received, and partly that the next 
harvest might be plentiful. We learn from De- 
mosthenes (c. Neaer. p. 1385), that it was unlawful 
to offer any bloody sacrifice on the day of this fes- 
tival, and that the priests alone had the privilege 
to offer the fruits. The festival was also called 
fraXvaia (Hesych. s. v.), or o-vyKO/j.i<rri]pia. [L.S.] 

ALO'GIOU GRAPHE' (aXoylov ypa<pfi) an 
action which might be brought before the logistae 
(Aoyio-Tcu) at Athens, against all persons who 
neglected to pass their accounts, when their term 
of office expired. (Suid. Hesych. Etymol. s. v. ; 
Pollux, viii. 54 ; Meier, Att. Process, p. 363.) 

ALTA'RE. [Ara.] 

ALU'TA. [Calceus.] 

ALYTAE (aAuTcu). [Olympia.] 

AMANUENSIS, or AD MANUM SERVUS, 
a slave, or freedman, whose office it was to write 
letters and other things under his master's direc- 
tion. The amanuensis must not be confounded 
with another sort of slaves, also called ad manum 
servi, who were always kept ready to be employed 
in any business. (Suet. Caes. 74, Aug. 67, Ner. 
44, Tit. 3, Vesp. 3 ; Cic. De Orat. iii. 60, 225 ; 
Pignor. De Servis, 109.) [P. S.] 

AMARY'NTHIA, or AMARY'SIA ('A/ia- 
pvvdia, or 'A/xopucria), a festival of Artemis 
Amarynthia, or Amarysia, celebrated, as it seems, 
originally at Amarynthus in Euboea, with extra- 
ordinary splendour ; but it was also solemnized 
in several places in Attica, such as Athmone 
(Paus. i. 31. § 3) ; and the Athenians held a fes- 
tival, as Pausanias says, in honour of the same 
goddess, in no way less brilliant than that in 
Euboea. (Hesych. s. v. 'A/xapvo-ia.) The festival 
in Euboea was distinguished for its splendid pro- 
cessions ; and Strabo himself (x. p. 448) seems to 
have seen, in the temple of Artemis Amarynthia, 
a column on which was recorded the splendour 
with which the Eretrians at one time celebrated 
this festival. The inscription stated, that the pro- 
cession was formed of three thousand heavy-armed 
men, six hundred horsemen, and sixty chariots. 
(Comp. Schol. ad Find. 01. xiii. 159.) [L. S.] 

AMBARVA'LIA. [Arvales Fratres,] 

A'MBITUS, which literally signifies "a going 
about," cannot, perhaps, be more nearly expressed 
than by our word canvassing. After the plebs had 



AMBITUS. 



AMBITUS. 



formed a distinct estate at Rome, and when the 
whole hody of the citizens had become very greatly 
increased, we frequently read, in the Roman 
writers, of the great efforts which it was necessary 
for candidates to make, in order to secure the 
votes of the citizens. At Rome, as in every com- 
munity into which the clement of popular election 
enters, solicitation of votes, and open or secret 
influence and bribery, were among the means by 
which a candidate secured his election to the offices 
of state. The elections recurred annually, and 
candidates had plenty of practice in the various 
modes of corruption. 

Whatever may be the authority of the piece 
intitled " Q. Ciceronis dc Petitione Consulatus ad 
If. Tullium Fratrem," it seems to present a pretty 
fair picture of those arts and means, by which a 
candidate might lawfully endeavour to secure the 
votes of the electors, and also some intimation of 
those means which were not lawful, and which it 
was the object of various enactments to repress. 

A candidate was called petUorj and his opponent 
with reference to him, competitor. A candidate 
(canitidatus) was so called from his appearing in the 
public placea, such as the fora and Campus Mar- 
tius, before his fellow-citizens, in a whitened toga. 
On such occasions, the candidate was attended by 
his friends (deductores), or followed by the poorer 
citizens (sectatores), who could in no other manner 
show their good will or give their assistance. (Cic 
l>n, Murenu, c. 34.) The word asaiduilas ex- 
pressed both the continual presence of the candi- 
date at Rome, and his continual solicitations. The 
candidate, in going his rounds or taking his walk, 
was accompanied by a nomenclator, who gave him 
tin- names of such persons as lie inicht meet ; the 
candidate was thus enabled to address them by 
their name, an indirect compliment which could 
not fail to be generally gratifying to the electors. 
The candidate accompanied his address with a 
shake of the hand (prensotio). The term Uniipii- 
ttu comprehended generally any kind of treating, 
ns shows, feasts, &c. Candidates sometimes left 
H one-, and visited the coloniac and municipia, in 
which the citizens had the suffrage ; thus Cicero 
proposed to visit the Cisalpine towns, when he was 
a candidate for the consulship. (Cic. ad Alt. i. 1.) 

That ambitus, which was the object of several 
penal enactment*, taken as a generic term, compre- 
hended the two species, — ambitus and lunjitiones 
(briber)). Lilurnlitns and iHiilijnitns are opposed 
by Cicero, as things allowable, to ambitus and 
ttnUiOf as things illegal. (Cic. de Oral. ii. 25 ; 
and compare pro Murtna, c. 36.) The word for 
iimhiti/.t in the (ireek writers is StKao , n6s. Money 
was paid for votes ; and in order to insure secrecy 
and secure the elector, persons called intrrprrtm 
were employed to make the bargain, tn/urxtres to 
hold the money till it was to be paid (Cic. pro 
Cheat. 26), and divuorai to distribute it (Cic. 
'"/ .lit. i. 16.) The offence of ambitus was a 
Put t e r which belonged to the judicia publico, and 

the enactments against it wi re in -ruin. The 

earliest enactment that is mentioned simply for- 
bade persons "to add white to their dress," with 
o view to an election. (B.C. 432 ; Liv. iv. 25. ) 
This seems to mean using some white sii<n or 
token on the dress, to signify that a man was a 
candidate. The object of the law wan to check 
amliitio, the name fur goint; about to canvass, in 
place of which ambitus was subsequently employed. 



Still the practice of using a white dress on occasion 
of canvassing was usual, and appears to have given 
origin to the application of the term candidutus to 
one who was a petitor. (Cretata ambitio, Persius, 
Sat. v. 177 ; Polyb. x. 4. ed. Bekker.) A Lex 
Poetelia (B.C. 358 ; Liv. viL 15) forbade candi- 
dates canvassing on market days, and going about 
to the places in the country where people were 
collected. The law was passed mainly to check 
the pretensons of novi homines, of whom the 
nobiles were jealous. By the Lex Cornelia Bacbia 
(B.C. 101) those who were convicted of ambitus 
were incapacitated from being candidates for ten 
years. (Liv. xl. 19; SchoL Bob. p. 361.) The 
Lex Acilia Calpurnia (b. c. 67) was intended to 
suppress treating of the electors and other like 
matters : the penalties were fine, exclusion from 
the senate, and perpetual incapacity to hold office. 
(Dion Cass, xxxvi. 21.) The Lex Tullia was 
passed in the consulship of Cicero (b. c. 63) for 
the purpose of adding to the penalties of the Acilia 
Calpurnia. (Dion Cass, xxxvii. 29 ; Cic. pro 
SI arena, c. 23.) The penalty under this lex was 
ten years' exile. This law forbade any person to 
exhibit public shows for two years before he was 
a candidate. It also forbade candidates hiring 
persons to attend them and be about their persons. 
In the second consulship of M. Licinius Crassus 
and Cn. Pompcius Magnus (b. c. 55) the Lex 
Licinia was passed. This lex, which is entitled 
De Sodalitiis, did not alter the previous laws 
against bribery ; but it was specially directed 
against a particular mode of canvassing, which 
consisted in employing agents (sodalcs) to mark 
out the members of the several tribes into smaller 
portions, and to secure more effectually the votes 
by this division of labour. This distribution of 
the members of the tribes was called deamaUo. 
(Cic. pro I'/nnrio, c. 1U.) It was an obvious mode 
of better securing the votes ; and in the main is 
rightly explained by Rein, but completely mis- 
understood by AV under and others. Drumaim 
(ficsclticlde Roma, vol. iv. p. 93) confounds the de- 
curiutio with the coitio or coalition of candidates to 
procure votes. The mode of appointing the jndices 
in trials under the Lex Licinia was also provided 
by that lex. They were called Judices Kditicii, 
because the accuser or prosecutor nominated four 
tribes, and the accused was at liberty to reject one 
of them. The judices were taken out of the other 
three tribes ; but the mode in which they were 
taken is not quite clear. The penalty under the 
Lex Licinia was exile, but for what period is 
uncertain. The Lex Pompeia (b. c. 52), passed 
when Pompeius was sole consid for part of that 
year, appears to have been rather a measure passed 
for the occasion of the trials then had and con- 
templated than any thini: else. It provided for 
the mode of naming the judices, and shortened the 
proceedings. When ('. .lulins Caesar obtained the 
Bupremc power in Rome, he used to recommend 
some of the candidnteB to the people, who, of 
course, followed his recommendation. As to the 
consulship, he managed the appointments to that 
office ju«t as he pleased. (Suet. ( >;<■«. e. 1 1.) The 
Lex Julia de Ambitu was passed (n. c. lit) in 
the time of Augustus, nnd it excluded from office 
for five vein (Dion Cass. liv. 16 ; Suet. (let. 34) 
those who were convicted of bribery. Hut ns the 
penalty was milder than those under the former 
laws, we must conclude that they were rt-|H-nlcd 



78 



AMBITUS. 



AMICTUS. 



in whole or in part. Another Lex Julia de Am- 
bitu was passed (b. c. 8 ; Dion Cass. lv. 5) ap- 
parently to amend the law of B. c. 18. Candidates 
were required to deposit a sum of money before 
canvassing, which was forfeited if they were con- 
victed of bribery. If any violence was used by a 
candidate, he was liable to exile {aquae ct ignis 
interdictio). 

The popular forms of election were observed 
during the time of Augustus. Under Tiberius 
they ceased. Tacitus (Annal. i. 15) observes: — 
" The comitia were transferred from the campus to 
the patres," the senate. 

While the choice of candidates was thus partly 
in the hands of the senate, bribery and corruption 
still influenced the elections, though the name of 
ambitus was, strictly speaking, no longer appli- 
cable. But in a short time, the appointment to 
public offices was entirely in the power of the em- 
perors ; and the magistrates of Rome, as well as 
the populus, were merely the shadow of that which 
had once a substantial form. A Roman jurist, of 
the imperial period (Modestinus), in speaking of 
the Julia Lex de Ambitu, observes, " This law is 
now obsolete in the city, because the creation of 
magistrates is the business of the princeps, and 
does not depend on the pleasure of the populus ; 
but if any one in a municipium should offend 
against this law in canvassing for a sacerdotium or 
magistrates, he is punished, according to a senatus 
consul turn, with infamy, and subjected to a penalty 
of 100 aurei." (Dig. 48. tit. 14.) 

The laws that have been enumerated are pro- 
bably all that were enacted, at least all of which 
any notice is preserved. Laws to repress bribery 
were made while the voting was open ; and they 
continued to be made after the vote by ballot was 
introduced at the popular elections by the Lex 
Gabinia (b.c. 139). Rein observes that "by this 
change the control over the voters was scarcely 
any longer possible ; and those who were bribed 
could not be distinguished from those who were 
not." One argument in favour of ballot in modern 
times has been that it would prevent bribery ; and 
probably it would diminish the practice, though 
not put an end to it. But the notion of Rein that 
the bare fact of the vote being secret would in- 
crease the difficulty of distinguishing the bribed 
from the unbribed is absurd ; for the bare know- 
ledge of a man's vote is no part of the evidence of 
bribery. It is worth remark that there is no in- 
dication of any penalty being attached to the 
receiving of a bribe for a vote. The utmost that 
can be proved is, that the divisores or one of the 
class of persons who assisted in bribery were 
punished. (Cic. pro Plancio, c. 23, pro Murena, 
c. 23.) But this is quite consistent with the rest : 
the briber and his agents were punished, not the 
bribed. When, therefore, Rein, who refers to 
these two passages under the Lex Tullia, says : 
" Even those who received money from the can- 
didates, or at least those who distributed it in 
their names, were punished," he couples two things 
together that are entirely of a different kind. The 
proposed Lex Aufidia (Cic. ad Att. i. 16) went 
so far as to declare that if a candidate promised 
money to a tribe and did not pay it, he should be 
unpunished ; but if he did pay the money, he 
should further pay to each tribe (annually ?) 
3000 sesterces as long as he lived. This absurd 
proposal was not carried ; but it shows clearly 



enough that the principle was to punish the briber 

only. 

The trials for ambitus were numerous in the 
time of the republic. A list of them is given by 
Rein. The oration of Cicero in defence of L. 
Murena, who was charged with ambitus, and that 
in defence of Cn. Plancius, who was tried under 
the Lex Licinia, are both extant. (Rein, Criminal- 
recht der Romer, where all the authorities are col- 
lected ; Cic. Pro Plancio, ed. Wunder.) [G. L.] 

AMBLO'SEOS GRAPHE' (a/j.g\<Zcreas 
ypa(pii). [Abortio.] 

AMBKO'SIA (a/j.gp6<ria), festivals observed in 
Greece, in honour of Dionysus, which seem to have 
derived their name from the luxuries of the table, 
or from the indulgence of drinking. According to 
Tzetzes on Hesiod (Op. et D. v. 504) these festivals 
were solemnized in the month of Lenaeon, during 
the vintage. (Etym. M. s. v. Arjvcutev, p. 564. 7. ; 
G. E. W. Schneider, Ueber das Attische Theater- 
wesen, p. 43 ; K. F. Hermann, Lehrb. d. gottesdienstl. 
Atierth. d. Griechen, § 58. n. 7.) [L. S.] 

AMBUBAIAE, female musicians from Syria, 
who gained their living by performing in public, at 
Rome, especially in the Circus. Their name is 
derived from the Syrian word abub or anbub, a 
flute. Their moral condition was that which 
females of their class generally fall into. The 
Bayaderes of India will perhaps give the best idea 
of what they were. (Hor. Sat. i. 2. 1, with Hein- 
dorf's Note; Juvenal, iii. 62 ; Suet. Ner. 27 i 
Priapeia, 26 ; Petron. lxxiv. 13.) [P.S.] 

AMBU'RBIUM, or AMBURBIA'LE, a sa- 
crifice which was performed at Rome for the purifi- 
cation of the city, in the same manner as the 
ambarvalia was intended for the purification of the 
country. The victims were carried through the 
whole town, and the sacrifice was usually per- 
formed when any danger was apprehended in con- 
sequence of the appearance of prodigies, or other 
circumstances. (Obseq. De Prodig. c. 43 ; Apul. 
Metamorph. iii. ab init. p. 49, Bipont. ; Lucan. i. 
593.) Scaliger supposed that the amburbium and 
ambarvalia were the same ; but their difference is 
expressly asserted by Servius (ad Virg. Eel. iii. 
77), and Vopiscus (amburbium celebratum, ambar- 
valia promissa ; Aurel. c. 20). 

AMENTUM. [Hasta.] 

AMICTO'RIUM, a linen covering for the 
breasts of women, probably the same as the stro- 
phium. [Strophium.] (Mart. xiv. 149.) In later 
times it seems to have been used in the same sense 
as Amictus. (Cod. Theod. 8. tit. 5. s. 48.) [Amic- 
tus.] 

AMICTUS, AMI'CULUM. The verb amicire 
is commonly opposed to induere, the former being 
applied to the putting on of the outer garment, 
the chlamys, pallium, laena, or toga (Ifi&riov, <pa- 
pos) ; the latter, to the putting on of the inner gar- 
ment, the tunica (x'Ttev). In consequence of this 
distinction, the verbal nouns, amictus and indutus, 
even without any further denomination of the dress 
being added, indicate respectively the outer and 
the inner clothing. (See Tibull. i. 9. 13. ; Corn. 
Nep. Cimon, 4, Dat. 3. § 2 ; Virg. Aen. iii. 545, 
v. 421, compared with Apoll. Rhod.. ii. 30.) Some- 
times, however, though rarely, amicire and induere 
are each used in a more general way, so as to refer 
to any kind of clothing. 

In Greek amicire is expressed by ItysvvvcrBai, 
afKpiivvviTdai, a/iire'xetrflai, iiri§d\Aeo~dai, irepi- 



AMPHICTYOXES. 



AMPHICTYOXES. 



79 



GdWeoBcu : and induere by ivSvveiv. Hence came 
itpzoTpis, au.ire^6vr), €iri§Ai)/iO and tiriGoKaiov, 
TTfpiSKrifia and TrepiS6Katoi/, an outer garment, and 
(vhvfia, an inner garment, a tunic, a shirt. [J. Y.] 

AMMA (&/ifia), a Greek measure of length, 
equal to forty ir1?x 6ir (cubits), or sixty ir68cs (feet). 
It was used in measuring land. (Hero, De Men- 
suris.) [P.S.] 

AMNE'STIA (ojUjTjtrna), is a word used by 
the later Greek writers, and from them borrowed 
by the Romans, to describe the act or arrangement 
by which offences were forgotten, or regarded as 
if they had not been committed, so that the of- 
fender could not be called to account for them. 
The word is chiefly used with reference to the 
offences committed, or alleged to have been com- 
mitted, against the laws, during those conflicts of 
opposing factions which so often occurred in the 
Greek republics, and in which the victorious 
party usually took a sanguinary vengeance upon 
its opponents. So rare, indeed, were the ex- 
ceptions to this course of vengeance, that there is 
only one case of amnesty in Greek history, which 
requires any particular notice. This was the am- 
nesty which terminated the struggle between the 
democraticul and oligarchical parties at Athens, 
and completed the revolution by which the power 
of the Thirty Tyrants was overthrown, u. c. 403. 
It was arranged by the mediation of the Spartan 
king Pausanias, and extended to all the citizens 
who had committed illegal acts during the recent 
troubles, with the exception of the Thirty and 
the Eleven, and the Ten who had ruled in Pei- 
raeus ; and even they were only to )>e excepted in 
case of their refusal to give an account of their 
government ; their children wen- included in the 
amnesty, and were permitted to reside at Athens. 
An addition was made to the oath of the senators, 
binding them not to receive any endeixis or aptu/nge 
on account of anything done before the amnesty, 
the strict observance of which was also imposed 
by an oath upon the dicastae. (Xcn. Hdlen. ii. 
4. §§ 38—43 ; Andoc. de Myst. p. 44 ; Dem. 
in lloeot. p. 10 HI ; Nepos, T/ira.-yhid. 3, who 
makes a confusion between the Ten Tyrants of 
Paraeni and the Ten who succeeded the Thirty 
in the city ; Taylor, Lysine Vita ; VVachsmuth, 
l/i lli n, Alti rth. vol. i. pp. 64C, 6'47, new edition ; 
Hermann, I'olit. Antiq. of Greece, § 16fl.) 

The form of the word is incorrectly given in 
some modern works as aiurnartla. But even the 
genuine form only belongs to later Greek ; being 
used only by Plutarch (CVc. 42, Anton. 14), Hero- 
dian (iii. 4. § 17, v. 4. § 18, viii. 12. § 6), Philo, 
and still Liter writers. The better writers used 
dhtia, and the verbal form is oil purnaixaKuv. He 
specting the supposed allusion to the word by 
Cicero, see Fncciolati, s. v. fP. S.] 

A M 1*1 1 1 A [{ A I A (d^ipiap&'a), games celebrated 
in honour of the ancient hern Amphinraus, in the 
neighbourhood of Oropus, where he had a temple 
with a celebrated oracle. (.V-W. ml I'ind. fit. vii. 
154 ; the rites observed in his temple are de- 
scribed by Pausanias (i. 34. § 3. ; K. F. Hermann, 
l.rhrl>. d. gottesdienstl. Atierth. d. Grirr/mi, jj d'3. 
n. I.) [L.S.] 

AMIMIITTYONM':s('A/^mT.Wf0.n.en,b, r < 
of an . I mjiliiilyonia ( 'AyuipiKTuoflaor 'Ap<piKTwvia). 
Institutions called Auiphii't\»mr appear in lia-.e 
existed in (ireece from time immemorial. Of their 
nature and object history gives us only a general 



idea ; but we may safely believe them to have been 
associations of originally neighbouringtribes, formed 
for the regulation of mutual intercourse, and the 
protection of a common temple or sanctuary, at which 
the representatives of the different members met, 
to transact business and celebrate religious rites 
and games. This identity of religion, coupled 
with near neighbourhood, and that too in ages of 
remote antiquity, implies in all probability a cer- 
tain degree of affinity, which might of itself pro- 
duce unions and confederacies amongst tribes so 
situated, regarding each other as members of the 
same great family. They would thus preserve 
among themselves, and transmit to their children, 
a spirit of nationality and brotherhood ; nor could 
any better means be devised than the bond of a 
common religious worship, to counteract the hostile 
interests which, sooner or later, spring up in all 
large societies. The causes and motives from which 
we might expect such institutions to arise, existed 
in every neighbourhood ; and accordingly we find 
many Amjihictyoniac of various degrees of import- 
ance, though our information respecting them is 
very deficient. 

Thus we learn from Strabo, that there was one of 
some celebrity whose place of meeting was a sanc- 
tuary of Poseidon (Miiller, Dorians, ii. 10. § 5 ; 
Strab. viii. p. 374) at Calauria, an ancient settle- 
ment of the Ionians in the Saronic Gulf. The original 
members were Epidaurus, Hermione, Nauplia, 
Prasiae in Laconia, Aegina, Athens, and the Boeo- 
tian Orchomcnus (Thirlwall, Hist, of Greece, vol. i. 
p. 375); whose remoteness from each other makes it 
difficult to conceive what could have been the mo- 
tives for forming the confederation, more especially 
as religious causes seem precluded by the fact, that 
Troczen, though so near to Calauria, and though 
Poseidon was its tutelar)' god, was not a member. 
In after times, Argos and Sparta took the place of 
Nauplia and Prasiae, and religious ceremonies were 
the sole object of the meetings of the association. 
There also seems to have been another in Argolis 
(Strab. /. c. ; Pausan. iv. 5) distinct from that of 
Calauria, the place of congress being the 'Hparop, 
or temple of Hera. Delos, too, was the centre of 
an Ainphictyony — the religious metropolis, or 
'\m'n\ in)<rwv of the neighbouring Cyclades, where 
deputies and embassies (dtwpol) met to celebrate 
religious solemnities, in honour of the Dorian Apollo, 
and apparently without any reference to political 
objects. (Miiller, ii. 3. § 7 ; Callim. Hymn. 325.) 

The system indeed was by no means confined to 
the mother country ; for the federal unions of the 
Dorians, Ionians, and Acolians, living on the west 
coast of Asia Minor, seem to have been Ainphic- 
tyonic in spirit, although modified by exigencies of 
situation. Their main essence consisted in keep- 
ing periodical festivals in honour of the acknow- 
ledged gods of their respective nations. Thus the 
Dorians held a federal festival, and celebrated re- 
ligious games at Triopium, uniting with the worship 
of their national god Apollo that of the more an- 
cient and Pelosgic Demeter. The Ionians met for 
similar punMMI in honour of the Heliconian Po- 
scidon * at Mycnle, — their place of assembly being 
called the Panioniiim, and their festival Paninnia. 
The twelve towns of the Acolians assembled at 
(irynen, in honour of Apollo. (Ilerod. i. I l l, 1 III, 

* I'oseidon was the coil of the Ionians, as 
Apnllo of the Dorians. Miiller, Dor. ii. 10. §. 5. 



80 AMPHICTYONES. 



AMPHICTYONES. 



149 ; Dionys. iv. 25.) That these confederacies 
were not merely for offensive and defensive pur- 
poses, may be inferred from their existence after 
the subjugation of these colonies by Croesus ; and 
we know that Halicarnassus was excluded from the 
Dorian union, merely because one of its citizens 
had not made the usual offering to Apollo of the 
prize he had won in the Triopic contests. A con- 
federation somewhat similar, but more political than 
religious, existed in Lycia (Strab. xiv. p. 664) : 
it was called the " Lycian system," and was 
composed of twenty -three cities. 

But besides these and others, there was one 
Amphictyony of greater celebrity than the rest, 
and much more lasting in its duration. This was 
by way of eminence called the Amphictyonic 
league ; and differed from the other associations in 
having two places of meeting, the sanctuaries of 
two divinities. These were the temple of De- 
meter, in the village of Anthela, near Thermopylae 
(Herod, vii. 200), where the deputies or repre- 
sentatives met in autumn ; and that of Apollo at 
Delphi, where they assembled in spring. The con- 
nection of this Amphictyony with the latter not 
only contributed to its dignity, but also to its per- 
manence. With respect to its early history, Strabo 
(ix. p. 420) says, that even in his days it was im- 
possible to learn its origin. We know, however, 
that it was originally composed of twelve tribes (not 
cities or states, it must be observed), each of which 
tribes contained various independent cities or states. 
We learn from Aeschines (De F. L. § 122, ed. 
Bekker), a most competent authority (b. c. 343), 
that eleven of these tribes were as follows : — The 
Thessalians, Boeotians (not Thebans only), Do- 
rians, Ionians, Perrhaebians, Magnetes, Locrians, 
Oetaeans or Ainianes, Phthiots or Achaeans of 
Phthia, Malians, or Melians, and Phocians ; other 
lists (Paus. x. 8. § 2) leave us in doubt whether the 
remaining tribe -were the Dolopes or Delphians ; 
but as the Delphians could hardly be called a dis- 
tinct tribe, their nobles appearing to have been 
Dorians, it seems probable that the Dolopes were 
originally members, and afterwards supplanted by 
the Delphians. (Titmann, pp. 39, 43.) The pre- 
ponderance of the Thessalian and northern nations 
of Greece proves the antiquity of the institution, 
no less than eight of the twelve tribes being of the 
Pelasgic race : and the fact of the Dorians stand- 
ing on an equality with such tribes as the Malians, 
shows that it must have existed before the Dorian 
conquest of the Peloponnesus which originated 
several states more powerful, and therefore more 
likely to have sent their respective deputies, than 
the tribes mentioned. The Thessalians indeed in 
all probability joined the league about twenty years 
before that event, when they settled in Thessaly, 
after quitting Thesprotia in Epeirus, and the date of 
the origin of the league itself has been fixed (Clinton, 
F. H. vol. i. p. 66) between the 60th and 80th years 
from the fall of Troy. That it existed moreover 
before the Ionian migration, may be inferred from 
the Ionians of Asia having a vote, acquired without 
doubt when in the country, and from the statement 
of Tacitus (Annal. iv. 14) : " Samii decreto Am- 
phictyonum nitebantur, quis praecipuum fuit rerum 
omnium judicium, qua tempestate Graeci, conditis 
per Asiam urbibus, ora maris potiebantur." 

We learn from Aeschines (/. c), that each of 
the twelve Amphictyonic tribes had two votes in 
congress, and that deputies from such towns as 



(Dorium and)* Cytinium had equal power with 
the Lacedaemonians, and that Eretria and Priene, 
Ionian colonies, were on a par with Athens {ia6i\it\- 
<poi tols 'A6i]va'iois). It seems therefore to follow, 
either that each Amphictyonic tribe had a cycle 
(Strab. ix. p. 420 ; Pausan. x. 8. § 2), according 
to which its component states returned, deputies, 
or that the vote of the tribe was determined by 
a majority of votes of the different states of that 
tribe. The latter supposition might explain the 
fact of there being a larger and smaller assembly — • 
a fiovhi) and ckkAtjo-io — at some of the congresses, 
and it is confirmed by the circumstance that there 
was an annual election of deputies at Athens, un- 
less this city usurped functions not properly its 
own. 

The council itself was called Pylaea (UvKaia) 
from its meeting in the neighbourhood of Pylae 
(Thermopylae), but the same name was given to 
the session at Delphi as well as to that at Ther- 
mopylae. It was composed of two classes of re- 
presentatives, one called Pylagorae (TlvAaySpai), 
the other Hieromnemones (Itpojjtviiixoves). Of the 
former, three were annually elected at Athens to 
act with one Hieromnemon appointed by lot. (Aris- 
toph. Nubes, v. 607.) That his office was highly 
honourable we may infer from the oath of the 
Heliasts (Dem. c. Timocr. §170, ed. Bekker), in 
which he is mentioned with the nine archons. On 
one occasion we find that the president of the 
council was a Hieromnemon, and that he was 
chosen general of the Amphictyonic forces, to act 
against the Amphissians. (Titmann, p. 87.) Hence 
it has been conjectured that the Hieromnemones, 
also called Upoypap.p.are1s, were superior in rank 
to the pylagorae. (Titmann, pp. 84,86.) Aeschines 
also contrasts the two in such a way as to warrant 
the inference that the former office was the more 
permanent of the two. Thus he says (c. Ctes. 
§115, ed. Bekker), " When Diognetus was Hiero- 
mnemon, ye chose me and two others Pylagorae." 
He then contrasts " the Hieromnemon of the 
Athenians with the Pylagorae for the time being." 
There is even good reason for supposing that the 
Hieromnemon was elected for life (Clinton, F. H. 
vol. iii. p. 621 ; Titmann, I. c), although some 
writers are of a different opinion. (Schomann, de 
Comit. p. 392.) Again, we find inscriptions (Bockh, 
Inscr. 1171 ), containing surveys by the Hieromne- 
mones, as if they formed an executive ; and that 
the council concluded their proceedings on one 
occasion (Aesch. c. Ctes. § 124), by resolving that 
there should be an extraordinary meeting previously 
to the next regular assembly, to which the Hiero- 
mnemones should come with a decree to suit the 
emergency, just as if they had been a standing 
committee. Their name implies a more immediate 
connection with the temple ; but whether they 
voted or not upon matters in general is doubtful : 
from the two Amphictyonic decrees quoted below, 
we might infer that they did not, while the in- 
scriptions (1688 and 1699), quoted by Schomann 
(p. 392), and the statement of Demosthenes (pro 
Coron. § 277, ed. Bekker), lead to a contrary con- 
clusion. The narrative of Aeschines (c. Ctes. 
§ 121) implies that they were more peculiarly the 
representatives of their constituent states. Pro- 
bably the respective functions of the two classes 



* There is a doubt about the reading. — See 
Thuc. iii, 95 ; Titmann, p. 52. 



AMPHICTYONES. 



AMPHICTYONES. 



81 



of representatives were not strictly defined, and 
varied at different times, if indeed they are always 
correctly distinguished by the authors who allude 
to them. The ^KKA/ijcria, or general assembly, in- 
cluded not only the classes mentioned, but also 
those who had joined in the sacrifices and were 
consulting the god, and as there was a large mul- 
titude annually collected at the Amphictyonic ses- 
sion at Thermopylae, it was probably numerously 
attended. (Hesychius, ad Soph. Trach. v. 639.) 
It was convened on extraordinary occasions by 
the chairman of the council ('O ras yvw/MS 
iiriifaipifav, Aesch. /. c). 

Of the duties of this latter body nothing will 
give us a clearer view than the oaths taken and 
the decrees made by it. The oath was as follows 
(Aesch. De F. L. § 121) : '-They would destroy 
no city of the Amphictyons, nor cut off their 
streams in war or peace ; and if any should do so, 
they would march against him and destroy his 
cities ; and should any pillage the property of the 
god, or be privy to or plan any thing against what 
was in his temple at Delphi, they would take 
vengeance on him with hand and foot, and voice, 
and all their might." There are two decrees given 
by Demosthenes, both commencing thus (Dem. de 
Cor. § 197): — "When Cleinagoras was priest 
(Uptvs), at the spring meeting, it was resolved by 
the pylagorae and the assessors of the Amphictyons, 
and the general body of them," &c. The resolution 
in the second case was, that as the Amphissians con- 
tinued to cultivate " the sacred district,'" Philip of 
Mace don should be requested to help Apollo and the 
Amphictyons, and that he was thereby constituted 
absolute general of the Amphictyons. He ac- 
cepted the office, and soon reduced the offending 
city to subjection. From the oath and the decrees, 
we sec that the main duty of the deputies was the 
preservation of the rights and dignity of the temple 
at Delphi. We know, too, that after it was burnt 
down (b. c. 548), they contracted with the Alcmac- 
onidaefor the rebuilding (Herod. ii. 180, v. 62); and 
Athenacus (u. c. 160) informs us (iv. p. 1 73, b) that 
in other matters connected with the worship of the 
Delphian god they condescended to the regula- 
tion of the minutest trifles. History, moreover, 
teaches that if the council produced any palpable 
effects, it was from their interest in Delphi ; and 
though it kept up a standing record of what ought 
to have been the international law of Greece, it 
sometimes acquiesced in, and at other times wa9 a 
party to, the most iniquitous and cruel acts. Of 
this the case of Crissa is an instance. This town 
lay on the Gulf of Corinth, near Delphi, and was 
much frequented by pilgrims from the West. 
The Crissaeans were charged by the Dclphinns with 
undue exactions from these strangers, and with 
other crimes. The council declared war against 
them, as guilty of a wrong against the god. The 
war lasted ten years, till, at the suggestion of 
Solon, the waters of the Pleistiis were turned off, 
then poisoned, and turned again into the city. 
The besieged drank their till, and Crissa was soon 
razed to the ground ; and thus, if it were an Am- 
phictyonic city, was a solemn oath doubly violated. 
Its territory — the rich Crissaean or Cirrhaean plain 
— was consecrated to the god, atid curses impre- 
cated upon any one who should till or dwell in it. 
Thus ended the First Sacred War (n. <:. 586), in 
which the Athenians and Amphictyons were the in- 
itrumcnts of Delphian vengeance. (Pans. x. 37. § I ; 



Clinton, F. H. vol. ii. p. 1 96 ; Aeschin. c. Ctes. § 1 09.) 
The Second, or Phocian War (b. c. 356), was the 
most important in which the Amphictyons were 
concerned (Thirl wall, Hist, of Greete, vol. v. p. 263 
— 372) ; and in this the Thebans availed th°m- 
selves of the sanction of the council to take ven- 
geance on their enemies, the Phocians. To do 
this, however, it was necessary to call in Philip of 
Macedon, who readily proclaimed himself the 
champion of Apollo, as it opened a pathway to his 
own ambition. The Phocians were subdued (b. c. 
346), and the council decreed that all their cities, 
except Abae, should be rased, and the inhabitants 
dispersed in villages not containing more than fifty 
inhabitants. Their two votes were given to Philip, 
who thereby gained a pretext for interfering with 
the affairs of Greece ; and also obtained the recog- 
nition of his subjects as Hellenes. To the causes 
of the Third Sacred War allusion has been made 
in the decrees quoted by Demosthenes. The Am- 
phissians tilled the devoted Cirrhaean plain, and 
behaved, as Strabo (ix. p. 419) says, worse than the 
Crissaeans of old (x ( 'P ov5 fa<w T*/>1 tovs |eVous). 
Their submission to Philip was immediately fol- 
lowed by the battle of Chaeroneia (b. C 338), and 
the extinction of the independence of Greece. 7n 
the following year, a congress of the Amphictyonic 
states was held ; in which war was declared as if 
by united Greece against Persia, and Philip elected 
commander-in-chief. On this occasion the Am- 
phictyons assumed the character of national repre- 
sentatives as of old, when they set a price upon the 
head of Ephialtes, for his treason to Greece at 
Thermopylae, and erected monuments in honour of 
the Greeks who fell there. Herodotus indeed 
(vii. 214, 228), speaking of them in reference to 
Ephialtes, Kills them oi twv 'Z\ki)vwv Uv\ay6poi. 

We have sufficiently shown that the Amphic- 
tyons themselves did not observe the oaths they 
took ; and that they did not much alleviate the 
horrors of war, or enforce what they had sworn to 
do, is proved by many instances. Thus, for in- 
stance, Mycenae was destroyed by Argos ( B. c. 468), 
Thcspiae and Plataeac by Thebes, and Thebes her- 
self swept from the face of the earth by Alexander 
(^k /nf'tnjs rijs'EAAaSos aerjpiraerfoj, Aeschin. c. Ctes. 
§ 133). Indeed, we may infer from Thucydides 
(i. 112), that a few years before the Peloponncsian 
war, the council was a passive spectator of what 
he calls i Uphs *6\(iios, when the Lacedaemonians 
made an expedition to Delphi, and put the temple 
into the hands of the Delphiuns, the Athenians, 
after their departure, restoring it to the Phocians ; 
and yet the council is not mentioned as interfering. 
It will not bo profitable to pursue its history further ; 
it need only be remarked, that Augustus wished 
his new city, Nicopolis (a. ;>. 31), to be enrolled 
among its members ; and that Pausanios, in tho 
second century of our era, mentions it as still ex- 
isting, but deprived of all power and influence. 
In fact, even Demosthenes {De I'nce, p. 63), spoko 
of it as the shadow at Delphi ( tj Iv At\<poh <tk<o). 
In the time of Pausanias, the number of Amphic- 
tyonic deputies was thirty. 

There arc two points of gome interest, which 
still remain to be considered ; and fifVt, the ety- 
mology of the word Aniphictyon. We are told 
(llaqxicrnL ». r.) that Tlu-op .nipus thought it de- 
rived from the name of Amphictyon, a prince of 
Thessaly, and the supposed author of the institution. 
Others, as Anaximcncs of Lampsacus, connected it 
o 



82 AMPHICTYONS. 



AMPHITHEATRUM. 



with the word a/x<ptKTioves, or neighbours. Very- 
few, if any, modern scholars doubt that the latter 
view is correct ; and that Amphictyon, with Hellen, 
Dorus, Ion, Xuthus, Thessalus,Larissa the daughter 
of Pelasgus, and others, are not historical, but mythic 
personages — the representatives, or poetic personi- 
fications, of their alleged foundations, or offspring. 
As for Amphictyon (Thirlwall, Hist, of Greece, 
vol. i. p. 373), it is too marvellous a coincidence 
that his name should be significant of the institu- 
tion itself ; and, as he was the son of Deucalion 
and Pyrrha, it is difficult to guess of whom his 
council consisted. {Philol. Museum, vol. ii. p. 359.) 
Besides, though Herodotus (i. 56) and Thucydides 
(i. 3) had the opportunity, they yet make no men- 
tion of him. We may conclude therefore, that the 
word should be written amphictiony *, from aptpi- 
Krioves, or those that dwelt around some particular 
locality. 

The next question is one of greater difficulty ; 
it is this : — Where did the association originate ? 
— were its meetings first held at Delphi, or at 
Thermopylae ? There seems a greater amount of 
evidence in favour of the latter. In proof of this, 
we may state the preponderance of Thessalian 
tribes from the neighbourhood of the Maliac bay, 
and the comparative insignificance of many of 
them ; the assigned birthplace and residence of 
the mythic Amphictyon, the names Pylagorae and 
Pylaea. Besides, we know that Thessaly was the 
theatre and origin of many of the most important 
events of early Greek history : whereas, it was 
only in later times, and after the Dorian conquest 
of Peloponnesus, that Delphi became important 
enough for the meetings of such a body as the 
Amphictyonic ; nor if Delphi had been of old 
the only place of meeting, is it easy to account 
for what must have been a loss of its ancient 
dignity. But whatever was the cause, we have 
still the fact, that there were two places of con- 
gress ; to account for which, it has been supposed 
that there were originally two confederations, 
afterwards united by the growing power of Delphi, 
as connected with the Dorians, but still retaining 
the old places of meeting. We must, however, 
admit that it is a matter of mere conjecture whether 
this were the case or not, there being strong reasons 
in support of the opinion that the Dorians, on 
migrating southwards, combined the worship of the 
Hellenic Apollo with that of the Pelasgian Demeter, 
as celebrated by the Amphictyons of Thessaly. 
Equally doubtful is the question respecting the 
influence of Acrisius, king of Argos (Schol. ad 
Eurip. Orest. 1094 ; Callim. Epig. xli. ; Strab. ix. 
p. 420) ; and how far it is true that he first brought 
the confederacy into order, and determined other 
points connected with the institution. We may 
however remark that his alleged connection with 
it, is significant of a Pelasgic element in its con- 
formation. (Thirlwall, Hist, of Greece, cc. x. xliii. ; 
Heeren, Polit. Hist, of Greece, c. 7 ; St. Croix, 
Des Anciens Gouvernemens Federatifs ; Tittmann, 
Ueber den Bund der Amphiciyonen ; MUUer, 
Dorians, book ii. 3. §. 5 ; Phil. Mus. vol. i. p. 324 ; 
Hermann, Manual of the Polit. Antiq. of Greece, 
§ 11 — 14 ; Wachsmuth, Hellenische Alterthums- 
kunde ; Niebuhr, Hist, of Rome, vol. i. p. 31. 
transl.) [R. W.] 

* Thus Pindar (Nem. vi. 42), 'Ev ai*rpMTi6va>v 
Tavpo<p6vip Tp(6Ti;piSi : see Bb'ckh ad locum. 



AMPHIDRO'MIA (ap.<pfip6p.ia), a family fes- 
tival of the Athenians at which the newly born 
child was introduced into the family, and received 
its name. No particular day was fixed for this 
solemnity ; but it did not take place very soon after 
the birth of the child, for it was believed that most 
children died before the seventh day, and the 
solemnity was therefore generally deferred till 
after that period, that there might be at least some 
probability of the child remaining alive. According 
to Suidas, the festival was held on the fifth day, 
when the women who had lent their assistance 
at the birth washed their hands, but this purifi- 
cation preceded the real solemnity. The friends 
and relations of the parents were invited to the 
festival of the amphidromia, which was held in the 
evening, and they generally appeared with pre- 
sents, among which are mentioned the cuttle-fish 
and the marine polyp. (Hesych. and Harpocr. 
s. v.) The house was decorated on the outside with 
olive branches when the child was a boy, or with 
garlands of wool when the child was a girl ; and 
a repast was prepared, at which, if we may judge 
from a fragment of Ephippus in Athenaeus (ix. p. 
370 ; comp. ii. p. 65), the guests must have been 
rather merry. The child was then carried round 
the fire by the nurse, and thus, as it were, pre- 
sented to the gods of the house and to the family, 
and at the same time received its name, to which 
the guests were witnesses. (Isaeus, De Pyrrhi 
Haered. p. 34. s. 30. Bekker.) The carrying of the 
child round the hearth was the principal part of 
the solemnity, from which its name was derived. 
But the Scholiast on Aristophanes (Lysistr. 7 58) 
derives its name from the fact that the guests, 
whilst the name was given to the child, walked or 
danced around it. This festival is sometimes 
called from the day on which it took place : if on 
the seventh day, it is called tSSopai or eSSo/xas ; 
if on the tenth day, Sc/cott;, &c. (Hesych. and 
Aristoph. Av. 923 ; K. F. Hermann, Lelirb. d. 
gottesdienstlichen alterthurner d. GriecJien, § 48. 
n. 6.) [L. S.] 

AMPHIMALLUM. [Tapes.] 

AMPHIO'RCIA or AMPHOMO'SIA (V- 
(piop/cia. or aiicpwfioa-la.), the oath which was taken, 
both by the plaintiff and defendant, before the 
trial of a cause in the Athenian courts, that they 
would speak the truth. (Hesych. Suid.) Ac- 
cording to Pollux (viii. 10), the amphiorcia also 
included the oath which the judges took, that they 
would decide according to the laws ; or, in case 
there was no express law on the subject in dispute, 
that they would decide according to the principles 
of justice. 

AMPHIPROSTYLOS. [Templum]. 
AMPHISBETE'SIS (a/upurgV)™.) [He- 
res.] 

AMPHITAPAE. [Tapes]. 

AMPHITHALAMUS. [Domus] 

AMPHITHEA'TRUM (an<pi04a.Tpov) was a 
description of building arranged for the exhibition 
of combats of gladiators, and wild beasts, and 
ships, which constituted the ludi amphitheatrales. 
[Gladiatoees ; Venatio ; Naumachia.] 

I. Its History. — Such exhibitions — which 
were peculiar to the Romans, and which were un- 
known to the Greeks till the Romans introduced 
them — originally took place in the Forum and 
the Circus, the shows of gladiators being given 
in the former, and those of wild beasts in the 



AMPHITHEATRUM. 



AMPIIITIIEATROI. 83 



latter ; indeed the amphitheatre itself is sometimes 
called circus. The shape of the circus, however, was 
much better fitted for the chariot races, for which it 
■was at first designed, than for the gladiatorial com- 
bats, and the more wholesale slaughter of animals, 
which, in process of time, came to be the favourite 
amusements of the Romans. For these purposes, 
the circu3 was too long and too narrow, and the 
spina was a great impediment, so that a new form 
of building was required, which should accom- 
modate a multitude of spectators in such a manner 
as that all might have a good view of the space 
occupied by the combatants, which space too re- 
quired to be of quite a different shape from the 
circus, as the combatants were to be kept as much 
as possible in the same place. The idea of such 
a building was suggested, as the name (from an<pi, 
on lioth sides, Searpov, a Viealre) seems to imply, 
by the existing theatre : indeed, the first am- 
phitheatre of which we have any account — that 
of C. Scribonius Curio — was, literally, a double 
thealre *, being composed of two theatres, placed 
on pivots, so that they could be turned round, 
spectators and all, and placed cither back to back, 
forming two separate theatres for dramatic ex- 
hibitions, or face to face, forming an amphitheatre, 
for the shows of gladiators and wild beasts. This 
edifice, which was erected by Curio (the cele- 
brated partisan of Caesar), for the celebration of 
his father's funeral games, is described and some- 
what vehemently commented upon bv Plinv. 
(//. ,V. xxxvi. 15. 8. 24. § 8.) The next amphi- 
theatre, and apparently the first to which the 
name was applied, was built by Julius Caesar him- 
self, during his perpetual dictatorship, in B. c. 46 
(Dion Cass. xliiL 22, who thus describes the build- 
ing : Qfarpoy ti KvirnytTtKbv, S <ca! afitpiBfarpov 
iic tov irtpili iravTaxdBfv (Spas avev <TK7]vr)s <?X ety 
itpootfyibn). This, however, was still only of 
wood, a material which was frequently used for 
theatres, and which was, therefore, naturally 
adopted for amphitheatres, but which sometimes 
proved inadequate to support the weight of the 
immense body of spectators, and thus occasioned 
serious accidents. For example, we are told that 
a wooden amphitheatre, which was built at 
Fidenae in the reign of Tiberius by Atilius, a 
frcedman, gave way, in consequence of the im- 
perfections in the foundation and in the joints of 
the timbers, and buried either 20,000 or 50,000 
spectators in its ruins. (Suet. TYAer. 40 ; Tac. 
Ann. iv. 63.) These wooden buildings were, of 
course, also exposed to great danger from fire ; 
thus a wooden amphitheatre at Placentia was 
burned in the civil war between Otho and Vitel- 
lius. (Tac. Hilt. ii. 20.) 

It was not, however, till the fourth consulship of 
Augustus, B. c. 30, that a more durable amphitheatre, 
of stone, was erected by Statilius Taurus, in the Cam- 
pus Martius. (Dion Cass. li. 23 ; Suet. Oelav. 29 ; 
Tac Ann. iii. 72 ; Strab. vi. p. 236.) Rut, since 
this building was destroyed by fire, it must be sup- 
posed that only the shell was of stone, and the seats 
and staircases of wood. This edifice was the only 

* As a mere matter of etymology, the word 
dtarpov (a place for Molding), would more strictly 
apply to the amphitheatre, which was intended 
exclusively for spectacle, while the theatre, which 
was for recitations accompanied by music, might 
be at least as fitly described by the word tfltiov. 



one of the kind until the building of the Flavian 
1 amphitheatre. It did not satisfy Caligula, who 
| commenced an amphitheatre near the Septa ; but 
j the work was not continued by Claudius. (Dion 
[ Cass. lix. 10 ; Suet. Cat. 18, 21.) Nero too, in 
his second considship, a. d. 57, erected a vast am- 
phitheatre of wood, but this was only a temporary 
building. (Suet. Ner. 12 ; Tac. Ann. xiii. 31.) 
The amphitheatre of Taurus was destroyed in the 
burning of Rome, A. D. 64 (Dion Cass. lxii. 18), 
and was probably never restored, as it is not again 
mentioned. It is still a question with the topo- 
graphers whether any traces of it are now visible. 
(Comp. Hecker, Handb. d. Rom. A Iter. vol. i. pp. 642, 
643, and Urlichs, Beschreiburg lioms. pp. 53, 54. f) 

The erection of an amphitheatre in the midst of 
Rome, proportioned to the magnitude of the city, 
was among the designs of Augustus, who delighted 
in the spectacles of the venatio, and especially in 
the uncommon species and immense number of the 
animals exhibited in them ; so that, as he himself 
informs us, in one of his venationcs there were 
no less than 3500 animals slaughtered. (Suet. 
Vesp. 9 ; Aur. Vict. Epit. 1 ; Monum. Ancyr.) 
It was not, however, till the reigns of Vespasian 
and Titus, that the design of Augustus was carried 
into effect by the erection of the Amphitheutrum 
Flavium, or, as it has been called since the time 
of Rede, the Colosseum or Colisaeum, a name said 
to be derived from the Colossus of Nero, which 
stood close by. 

This wonderful building, which for magnitude 
can only be compared to the pyramids of Egypt, 
and which is perhaps the most striking monument at 
once of the material greatness and the moral degra- 
dation of Rome under the empire, was commenced 
by Vespasian, but at what precise time is uncertain ; 
for the genuineness of the medal, which is quoted by 
Lipsins, as placing its commencement in his eighth 
consulship, a. D. 77, is more than doubtful. (Rasche, 
Lex. Univ. Hei Num. voL v. pt. 2. p. 1017 ; 
Eckhel, Doctr. Num. Vet. vol. vi. p. 840.) It 
was completed by Titus, who dedicated it in 
A. I), fill, when 5000 animals of different kinds 
were slaughtered. (Suet. Tit. 7 ; Dion Cass. lxvi. 
25.) From the somewhat obscure account of an 
old writer (Cut'il. Imp. Vienri. p. 243, Rone), we 
ham that Vespasian carried the building so far as 
to dedicate the first three ranges of seats, that 
Titus added two ranges more, and that Domitian 
completed the building ustpie ad clypca. Without 
professing to be able to explain these statements 
fully, we may observe that it is extremely pro- 
bable, as will be seen more clearly from the de- 
scription of the building, that Titus would dedi- 
cate the amphitheatre as soon as it was fit for use, 
without waiting for the final completion of the 
upper and less essential parts. 

There is an ecclesiastical tradition, but not en- 
titled to much credit, that the architect of the Co- 
lisaeum was a Christian, and afterwards a martvr, 
named Gaudcntius, and that thousands of the 
captive Jews were employed in its erection. 

The Flavian amphitheatre, from its enormous 

t In the lower eastern angle of the walls of 
Aurelian, near the church of S. Croce, are the re- 
mains of an amphitheatre, of brick, called in the 
Sotdia, the Amphitlieatrum Castretue. Its dnte is 
very uncertain. (See further Hecker, llandb. d. 
Horn. Alter, vol. i. pp.519, &c.) 

o 2 



84 AMPHITHEATRUM. 



AMPHITHEATRUM. 



size, rendered the subsequent erection of any other 
such building in Rome perfectly unnecessary. It 
became the spot where prince and people met to- 
gether to witness those sanguinary exhibitions, the 
degrading effects of which on the Roman character 
can hardly be over-estimated. It was thoroughly 
repaired by Antoninus Pius. (Capit. Ant. Pi. 8.) 
In the reign of Macrinus, on the day of the Vulca- 
nalia, it was struck by lightning, by which the 
upper rows of benches were consumed, and so much 
damage was done to other parts of the structure, 
that the games were for some years celebrated in the 
Stadium. (Dion Cass, lxxviii. 25.) Its restora- 
tion was commenced by Elagabalus and completed 
by Alexander Severus. (Lamprid. Heliog. 17 ; 
Alex. Sev. 24.) It was again struck by lightning 
in the reign of Decius (Hieron. p. 475), but was 
soon restored, and the games continued to be cele- 
brated in it down to the sixth century. The latest 
recorded exhibition of wild beasts was in the 
reign of Theodoric. Since that time it has been 
used sometimes in war as a fortress, and in peace 
as a quarry, whole palaces, such as the Cancellaria 
and the Palazzo Farnese, having been built out of 
its spoils. At length the popes made efforts to 
preserve it: Sixtus V. attempted to use it as a 
woollen factory, and to convert the arcades into 
shops ; Clement XI. enclosed the lower arcades, 
and, in 1750, Benedict XIV. consecrated it to 
Christians who had been martyred in it. The best 
accounts of the building are contained in the follow- 
ing works : Lipsius de Amphitheatro ; Nibby, deW 
Anfiteatro Flavio, a supplement to Nardini, vol. i. 
p. 233, in which we have the most complete his- 
torical account ; Fea, Notizie degli scavi neW 
Anfiteatro Flavio; Bunsen, Beschreibung d. Stadt 
Rom. vol. iii. p. 319, &c. ; Cressy and Taylor, 
The Architectural Antiquities of Rome; Maffei, 
Verona Illustrata ; Stieglitz, Arch'dol. d. Baukunst ; 
Hirt, Geschichte d. Baukunst bei den Alien. 

II. Description of the Flavian Amphitheatre. — 
Notwithstanding the damages of time, war, and 
spoliation, the Flavian amphitheatre still remains 
complete enough to give us a fair idea, excepting 
in some minor details, of the structure and ar- 
rangements of this description of building. The 
notices of the ancient authors are extremely scanty ; 
and Vitruvius of course fails us here altogether ; 
indeed, this description of building was so com- 
pletely new in his time, that only once does the 
bare word amphitheatrum occur in his book (i. 7). 
We derive important aid from the remains of 
amphitheatres in the provinces of the ancient 
Roman empire. We shall first describe the Co- 
lisaeum, and then mention the chief points of dif- 
ference between it and these other amphitheatres. 

The very site of the Flavian amphitheatre, as of 
most others, furnishes an example of the prodigal 
contempt of labour and expense which the Roman 
emperors displayed in their great works of archi- 
tecture. The Greeks, in choosing the sites of their 
theatres, almost always availed themselves of some 
natural hollow on the side of a hill ; but the Roman 
amphitheatres, with few exceptions, stand upon a 
plain. The site of the Colisaeum was in the mid- 
dle of the city, in the valley between the Caelius, 
the Esquiline, and the Velia, on the marshy ground 
which was previously the pond of Nero's palace, 
stagnum Neronis (Suet. Vesp. 9 ; Martial, de Sped. 
ii. 5). No mere measures can give an adequate 
conception of this vast structure, the dimensions 



and arrangements of which were such as to furnish 
seats for 87,000 spectators, round an arena large 
enough to afford space for the combats of several 
hundred animals at once, for the evolutions of 
mimic sea-fights, and for the exhibition of artifi- 
cial forests; with passages and staircases to give 
ingress and egress, without confusion, to the im- 
mense mass of spectators, and others for the at- 
tendants on the arena ; dens for the thousands of 
victims devoted to destruction ; channels for the ra- 
pid influx and outlet of water when the arena was 
used for a naumachia ; and the means for the re- 
moval of the carcasses, and the other abominations 
of the arena. Admirable pictures of the magni- 
tude and magnificence of the amphitheatre and its 
spectacles are drawn in the Essays of Montaigne 
(iii. 6.), and in the latter part of Gibbon's twelfth 
chapter. As a general description of the building 
the following passage of Gibbon is perfect : — " It 
was a building of an elliptic figure, founded on four- 
score arches, and rising, with four successive orders 
of architecture, to the height of 140 [157] feet. The 
outside of the edifice was incrusted with marble, 
and decorated with statues. The slopes of the vast 
concave, which formed the inside, were filled and 
surrounded with sixty or eighty rows of seats, of 
marble likewise, covered with cushions, and capable 
of receiving with ease about 80,000 spectators. 
Sixty-four vomitories (for by that name the doors 
were very aptly distinguished), poured forth the 
immense multitude ; and the entrances, passages, 
and staircases, were contrived with such exquisite 
skill, that each person, whether of the senatorial, 
the equestrian, or the plebeian order, arrived at 
his destined place without trouble or confusion. 
Nothing was omitted, which, in any respect, could 
be subservient to the convenience and pleasure of 
the spectators. They were protected from the sun 
and rain by an ample canopy, occasionally drawn 
over their heads. The air was continually re- 
freshed by the playing of fountains, and pro- 
fusely impregnated by the grateful scent of aro- 
matics. In the centre of the edifice, the arena, or 
stage, was strewed with the finest sand, and suc- 
cessively assumed the most different forms. At 
one moment it seemed to rise out of the earth, like 
the garden of the Hesperides, and was afterwards 
broken into the rocks and caverns of Thrace. 
The subterraneous pipes conveyed an inexhaustible 
supply of water; and what had just before ap- 
peared a level plain, might be suddenly converted 
into a wide lake, covered with armed vessels, and 
replenished with the monsters of the deep. In 
the decoration of these scenes, the Roman em- 
perors displayed their wealth and liberality ; and 
we read on various occasions that the whole furni- 
ture of the amphitheatre consisted either of silver, 
or of gold, or of amber. The poet who describes 
the games of Carinus, in the character of a shep- 
herd, attracted to the capital by the fame of their 
magnificence, affirms that the nets designed as a 
defence against the wild beasts were of gold 
wire ; that the porticoes were gilded ; and that 
the belt or circle which divided the several ranks 
of spectators from each other, was studded with a 
precious mosaic of beautiful stones." 

The following ground-plan, external elevation, 
and section, are from Hirt, and contain of course 
some conjectural details. The ground plan is so 
arranged as to exhibit in each of its quarters the 
plan of each of the stories : thus, the lower right 



AMPHITHEATRUM. 
band quarter shows the true <rround-p\an, or that 
of the lowest story ; the next on the left shows a 
plan of the erections on the level of the second row 
of exterior columns, as well as the seat3 which 
sloped down from that level to the lower one ; the 
next quarter shows a similar plan of the third order, 



AMPH1THEATRUM. 85 
and the upper right-hand quarter exhibits a view 
of the interior as it would appear to an eye looking 
vertically down upon it. , The dotted lines on the 
arena are the radii, and their points of intersection 
the centres, of the several arcs which make up the 
ellipses. 




GROUND PLAN OF THE FLAVIAN AMFHITHBATBE. 





LONOITL'DINAL ELEVATION OP THE FLAVIAN A M I'll ITU I ATRE. 



■oIjhthftrQTiJg|iIgTi ipJil; Ii T. 7i 7j TiTsXiYatiT^TiT;! ir.7iT.7ii -Tii .i n 1 1 



" rr 



// 



■a 



p 



LONGITL'DINAL SECTION OP THE FLAVIAN AM I'll ITH E ATRE. 

G 3 



86 AMPHITHEATRUM. 



AMPHITHEATRUM. 



This structure, like all the other existing am- 
phitheatres, is of an elliptical form. It covers 
nearly six acres of ground. The plan divides it- 
self naturally into two concentric ellipses, of which 
the inner constituted the arena or space for the 
combats, while the ring between this and the outer 
circumference was occupied by the seats for the 
spectators. The lengths of the major and minor 
axes of these ellipses are, respectively, 287 feet by 
180, and 620 feet by 513. The width of the 
space appropriated to spectators is, therefore, 166j 
feet all round the building. The ratio of the 
diameters of the external ellipse is nearly that 
of 6 to 5, which becomes exactly the proportion, 
if we take in the substructions of the foundation. 
Of course, the ratio of the diameters of the arena is 
different, on account of the diminished size : it is, 
in fact, nearly as 8 to 5. The minor axis of the 
arena is here, and generally, about one-third of 
that of the outer ellipse. The material used was 
stone, in large blocks, fastened together, where 
necessary, by metal clamps. The exterior was 
faced with marble and adorned with statues. 
The external elevation requires little description. 
It is divided into four stories, corresponding to the 
tiers of corridors by which access was gained to 
the seats at different levels. These corridors are 
connected with the external air by eighty arched 
openings in each of the three lower stories. To 
the piers which divide these arches are attached 
three-quarter columns, that is, columns one-fourth 
of whose circumference appears to be buried in 
the wall behind them. Thus, each of the three 
lower stories presents a continuous facade of eighty 
columns backed by piers, with eighty open arches 
between them, and with an entablature continued 
unbroken round the whole building. The width of 
the arches is as nearly as possible the same 
throughout the building, namely, 1 4 feet 6 inches, 
except at the extremities of the diameters of the 
ellipse, where they are two feet wider. Each tier 
is of a different order of architecture, the lowest 
being a plain Roman Doric, or perhaps rather 
Tuscan, the next Ionic, and the third Corinthian. 
The columns of the second and third stories are 
placed on pedestals ; those of the lowest story 
are raised from the ground by a few steps. The 
highest tier is of quite a different character, as it 
merely consists of a wall, without corridors, against 
which, instead of columns, are placed pilasters of 
the Corinthian order ; and the wall between them 
is pierced with windows, in the alternate interco- 
lumniations only, and therefore, of course, forty in 
number. The whole is crowned with a bold en- 
tablature, which is pierced with holes above the 
brackets which supported the feet of the masts 
upon which the velarium or awning was extended : 
and above the entablature is a small attic. The total 
height of that part of the building which remains 
entire, namely, about three-eighths of the whole 
circumference, is 157 feet : the stories are respec- 
tively about 30, 38, 38, and 44 feet high. The 
massiveness of the crowning entablature, the height 
of the upper story, and the great surface of blank 
wall in its intercolumniations, combine to give the 
elevation { somewhat hsavy appearance ; while 
the projecting cornices of each story, intercepting 
the view from below, take off very much from the 
apparent height of the building. Indeed, it would 
be a waste of words to attempt to specify all the 
architectural defects of the composition. 



The stone used in the building is a species of 
travertine : some of the blocks are as much as five 
feet high, and eight or ten feet long ; and it is 
remarkable, that all those which form the exterior 
have inscribed upon them small numbers or signs, 
which evidently indicate the place of each in the 
building, and which prove how great was the 
care taken to adapt every single stone to the form 
of the whole edifice. In some parts of the interior 
large masses of brickwork and tufa are seen : and 
in the upper part there are fragments of other 
buildings worked in ; but this, no doubt, happened 
in some of the various repairs. 

There are coins extant, bearing on the reverse a 
view of the amphitheatre, so arranged as to show 
not only the outside, but a portion of the interior 
also. It is from them that we learn the fact, that 
the outer arches of the second and third stories 
were decorated with statues in their openings, un- 
less, indeed, the figures shown in the arches are 
meant for rude representations of the people pass- 
ing through the outer colonnade. These coins 
also show, on the highest story, in the alternate 
spaces between the pilasters, circles against the 
wall, corresponding to the windows in the other 
alternate spaces ; they are, perhaps, the clypea 
mentioned by the old author cited above, that is, 
ornamental metal shields, hung there to decorate 
the building. There are several coins of Titus 
and Domitian of this type (Eckhel, Doctr. Num. 
Vet. vol. vi. pp. 357 — 359, 375). There are similar 
coins of Gordian, which are, however, very inferior 
in execution to those of Titus and Domitian. 
(Eckhel, vol. vii. p. 271.) The coins of Titus 
and Domitian also show a range of three stories of 
columns by the side of the amphitheatre, which 
(though the matter is doubtful) is supposed to re- 
present a colonnade which ran from the palace of 
Titus on the Esquiline to the amphitheatre, to 
which it gave access at the northern extremity of 
its minor axis, as shown on the plan. At the other 
extremity of this axis was the entrance from the 
Palatine. 

The eighty arches of the lower story (except 
the four at the extremities of the axes) formed the 
entrances for the spectators, and gave admission 
to a corridor, running uninterruptedly round the 
building, behind which again is another precisely 
similar corridor. • (See the plan and section.) The 
space behind the second corridor is divided by 
eighty walls, radiating inwards from the inner piers 
of the second corridor ; which support the struc- 
ture, and between which are partly staircases lead- 
ing to the upper stories, and partly passages lead- 
ing into a third corridor, which, like the first and 
second, runs round the whole building. Be- 
yond this corridor the radiating walls are again 
continued, the spaces between them being occu- 
pied, as before, partly by staircases leading on the 
one side to the podium, and on the other to the 
lower range of seats (maenianum), and partly by 
passages leading to a fourth continuous corridor, 
much lower and smaller than the others, which 
was divided from the arena by a massive wall 
(called podium), the top of which formed the place 
assigned to the spectators of the highest rank. 
From this fourth corridor there are several en- 
trances- to the arena; and it is most probable that 
the whole of the corridor was subservient to the 
arrangements of the arena. (See the lower right- 
hand quarter of the plan, and the section.) On 



A5IPHITHEATRUM. 

the second story we Lave the two outer colon- 
nades repeated, and the radiating walls of the 
first block are continued up through this story ; 
and between them are staircases leading out on to 
the second range of seats, and passages leading 
into a small inner corridor, from which access is ob- 
tained to a sort of terrace (praecinctio) which runs 
round the building between the first and second 
ranges of seats, and increases the facilities for the 
spectators getting to their proper places. Sloping 
down from this praecinctio to the level of the top of 
the podium, and supported by the inner series of 
radiating walls, are the lower series of seats. On 
the third story (above the floor of which the details 
are almost entirely conjectural), we have again 
the double colonnade, the inner wall of which 
rises immediately behind the top of the second 
range of seats, with only the interval of a narrow 
praecinctio, to which access was given by nu- 
merous doors in the wall just mentioned, which 



AMPHITHEATRUM. 87 
was also pierced with windows. Above the outer 
corridor of this story is a mezzanine, or small 
middle story, in front of which and above the 
inner colonnade were a few tiers of wooden 
benches for the lowest class of spectators. Above 
this mezzanine was a gallery, which ran right 
round the building, and the front of which is sup- 
posed to have been formed by a range of columns. 
It seems that the terrace formed by the top of 
this gallery would be also available for spectators. 
And, lastly, the very summit of the wall was 
formed into a sort of terrace which was, no doubt, 
occupied by the men who worked the ropes of the 
velarium. The doors which opened from the stair- 
cases and corridors on to the interior of the am- 
phitheatre were designated by the very appropriate 
name of vomitoria. The whole of the interior was 
called cavea. The following section (from Hirt) 
exhibits these arrangements as clearly as they can 
be shown without the aid of perspective. 




•A 








T 





7- 



HI 



n 



RKf'TIO V OF Til F. CORRIDORS, STAIRS AHD SP.AT*. 



I. II. III. IV. The four stories of the exterior. 
A . The nrcna. 
ft. The podium. 

C. I). E. F. The four corridors. 

f}. If. I. The three macnianu. 

A'. The upper gallery ; L. The terrace over it 



11. The space on the summit of the wall for tho 
manners of the velarium. 

/.. Tin- strps which surrounded the building on 
the outside. 

n. Stairs from the third colonnade to the po- 
dium. 

o 4 



88 AMPHITHEATRUM. 



AMPHITHEATRUM. 



b. Short transverse steps from the podium to the 
first maenianum. (Compare the plan.) 

c, d. Stairs from the ground story to the second ; 
whence the second maenianum was reached in 
two ways, e. and g. 

e. Steps to the first praecinctio, from which there 
were short transverse steps (/.) to the second mae- 
nianum. 

g. Stairs leading direct from the corridors of the 
second story to the second maenianum, through 
the vomitorium a. 

h. Stairs leading from the floor of the second 
story to the small upper story, whence other stairs 
(8) led to the third story, from which access was 
obtained to the upper part of the second maenia- 
num by doors (/3) in the inner wall of the second 
corridor q. 

k. Stairs from the second story to the mezza- 
nine, or middle story, whence access was obtained 
to the third maenianum by passages (7). 

I. Stairs in the mezzanine, leading to the upper 
part of the third maenianum, and to the gallery K. 

m. Steps from the gallery to the terrace over it. 

n. Steps from that terrace to the summit. 

0. p. Grated openings to light the two inner 
corridors. 

g. See under h. 

s. Windows to light the mezzanine. 
- t. Windows of the gallery. 

v. Rest, and w. loop, for the masts of the vela- 
rium g. 

The arena was surrounded by a wall of suffi- 
cient height to guard the spectators against any 
danger from the wild beasts, namely about fifteen 
feet. A further protection was afforded, at least 
sometimes, by a network or trellis of metal ; 
and it is mentioned, as an instance of the profuse 
ostentation which the emperors were so fond of 
displaying, that Nero, in his amphitheatre, had this 
trellis gilt, and its intersections ornamented with 
bosses of amber. (Plin. //. N. xxxvii. 3. s. 11. 
§ 2). The wall just mentioned appears to have 
been faced with marble, and to have had rollers 
suspended against it as an additional protection 
against the possibility of the wild beasts climbing 
it. (Lips, de Amph. 12.) The terrace on the top 
of this wall, which was called podium (a name 
sometimes also applied to the wall itself), was 
no wider than to be capable of containing two, 
or at the most three ranges of moveable seats, or 
chairs. This, as being by far the best situation 
for distinctly viewing the sports in the arena, and 
also more commodiously accessible than the seats 
higher up, was the place set apart for senators 
and other persons of distinction, such as the am- 
bassadors of foreign states (Suet. Octav. 44 ; 
Juv. Sat. ii. 143, &c.) ; the magistrates seem to 
have sat here in their curule chairs (Lipsius de 
Amph. 11) ; and it was here, also, that the emperor 
himself used to sit, in an elevated place called 
suggestus (Suet. Cues. 76 ; Plin. Paneg. 51), or 
cubiculum (Suet. Nero, 12) ; and likewise the per- 
son who exhibited the games, on a place elevated 
like a pulpit or tribunal (editoris tribunal). The 
vestal virgins also appear to have had a place 
allotted to them on the podium. (Suet. Octav. 44). 

Above the podium were the gradus, or seats of 
the other spectators, which were divided into stories 
called maeniana. The whole number of seats is 
supposed to have been about eighty. The first 
maenianum, consisting of fourteen rows of stone of 



marble seats, was appropriated to the equestrian 
order. The seats appropriated to the senators 
and equites were covered with cushions (pul- 
vitlis), which were first used in the time of Ca- 
ligula. (Juv. Sat iii. 154 ; Dion, lix. 7.) Then, 
after a horizontal space, termed a praecinctio, and 
forming a continued landing-place from the seve- 
ral staircases which opened on to it, succeeded the 
second maenianum, where were the seats called 
popularia (Suet. Domitian. 4), for the third class 
of spectators, or the populus. Behind this was the 
second praecinctio, bounded by the high wall al- 
ready mentioned ; above which was the third 
maenianum, where there were only wooden benches 
for the jpidlati, or common people. (Suet. Octav. 
44.) The open gallery at the top was the only 
part of the amphitheatre, in which women were 
permitted to witness the games, except the vestal 
virgins, and perhaps a few ladies of distinction and 
influence who were suffered to share the space 
appropriated to the vestals (Suet. Octav. 44). The 
seats of the maeniana did not run in unbroken lines 
round the whole building, but were divided into 
portions called cunei (from their shape), by short 
flights of stairs which facilitated the access to the 
seats. (Suet. Oet. 44 ; Juv. Sat. vi. 61.) See 
the plan, and the annexed section of a small portion 
of the seats. 




Not only were the different ranges of seats ap. 
propriated to different classes of spectators, but it 
is pretty certain also that the different cunei of 
each maenianum were assigned to specific portions 
of the people, who were at once guided to their 
places by numbers placed over the external arches 
by which the building was entered : these numbers 
still exist. The office of preserving order in the 
distribution of the places was assigned to attend- 
ants called locarii, and the whole management was 
under the superintendence of the villicus amphi- 
tlieatri. 

It only remains to describe the arena, or 
central open space for the combatants, which de- 
rived its name from the sand with which it was 
covered, chiefly for the purpose of absorbing the 
blood. Such emperors as Caligula, Nero, and 
Carinus, showed their prodigality by using cinna- 
bar and borax instead of the common sand. It 
was bounded, as already stated, by the wall of the 
podium, but in the earlier amphitheatres, in which 
the podium was probably not so lofty, there were 
ditches (euripi) between it and the arena, which 
were chiefly meant as a defence against the ele- 
phants. The euripi were first made by Julius 
Caesar, and were dispensed with by Nero, in 



AMPHITHEATRUM. 



AMPHITHEATRUM. 89 



order to gain space for the spectators. (Suet. Caes. 
39 ; Plin. H. N. viii. 7 ; Lipsius de Amph. 12.) 

The space of the arena was entirely open, ex- 
cept that perhaps there was, in the centre, an altar 
of Diana, or Pluto, or of Jupiter Latiaris, on which, 
it is inferred from some passages of the ancient 
authors, that a besliarius was sacrificed at the open- 
ing of the games ; but the evidence is very slight. 
(Lips, de Amph. 4.) There were four principal 
entrances to it, at the extremities of the axes of 
the ellipse, by passages which led directly from 
the four corresponding arches of the exterior: 
there were also minor entrances through the wall 
of the podium. There is a difficulty about the 
position of the dens of the wild beasts. The 
rapidity with which vast numbers of animals were 
let loose into the arena proves that the dens must 
have been close to it. The spaces under the seats 
seem to have been devoted entirely to the passage 
of the spectators, with only the exception of the 
innermost corridor, the entrances from which to 
the arena suggest the probability that it was sub- 
sidiary to the arena ; but, even if so, it was pro- 
bably used rather for the introduction and removal 
of the animals, than for their safe keeping. Some 
have supposed den3 in the wall of the podium : 
but this is quite insufficient. In the year 1813, 
the arena was excavated, and extensive substruc- 
tions were discovered, which, it has been supposed, 
were the dens, from which the animals were let 
loose upon the arena through trap-doors. The 
chief difficulty is to reconcile such an arrange- 
ment with the fact that the arena was frequently 
flooded and used for a naval combat, and that too 
in the intervals between the fights of wild-beasts. 
(Calpum. Eclog. vii. 64, 73 : the whole poem is a 
very interesting description of the games of the 
amphitheatre.) [NaUHACHIA.] All that can be 
said with any approach to certainty is, that these 
substructions were cither dens for the animals, or 
channels for water, and possibly they may have 
been so arranged as to combine both uses, though 
it is difficult to understand how this could have 
been managed. The only method of solving the 
difficulty in those cases in which a naumucltia took 
place betxeeen the venationes, appears to be, to 
assume that the animals intended for the second 
venatio were kept in the innermost colonnade, or 
in dens in its immediate vicinity during the nau- 
mnchia ; unless, which seems to us quite incredi- 
ble, there was any contrivance for at the same 
time admitting the air to, and excluding the water 
from, their cells beneath the arena. In the am- 
phitheatre at Verona, there are remains of channels 
for water under the arena, communicating with an 
opening in its centre ; but some antiquaries believe 
that these were only intended for draining off the 
rain water. 

It is unnecessary to attempt a detailed descrip- 
tion of the statues and other ornaments with which 
the amphitheatre was adomed ; but the velarium, 
or nwning, by which the spectators were sheltered 
from the sun, requires some explanation, which 
will be found under Vp.u;m. The space required 
for the working of the velarium, and the height 
necessary for keeping it from bending down by 
its own weight so low as to obstruct the view from 
the upper benches, arc probably the reasons for 
the great disproportion between the height of the 
upper part of the amphitheatre, and the small 
number of spectators accommodated in that part. 



The luxurious appliances of fountains of scented 
water to refresh the spectators, and so forth, are 
sufficiently described in the passage already quoted 
from Gibbon. (Comp. Lucan. ix. 808). 

III. Other Amphitheatres. — The Flavian am- 
phitheatre, as has been already stated, was, from 
the time of its erection, the only one in Rome ; 
for the obvious reason that it was sufficient for the 
whole population. The little Amphithcatrum Cas- 
trense was probably only intended for the soldiers 
of the guard, who amused themselves there with 
fights of gladiators. But in the provincial cities, 
and especially the colonies, there were many am- 
phitheatres. Indeed, it is not a little interesting 
to observe the contrast between the national tastes 
of the Greeks and Romans, which is indicated by 
the remains of theatres in the colonics of the 
former, and of amphitheatres in those of the latter. 
The immense expense of their construction would, 
however, naturally prevent the erection of many 
such buildings as the Colisaeum. (Cassiod. Ep. 
v. 42.) The provincial amphitheatres were, pro- 
bably, like the earlier ones at Rome itself, gene- 
rally built of wood, such as those at Placentia 
and 1'idenae, already mentioned. Of these wooden 
amphitheatres there are of course no remains ; 
but in several of the larger cities of the Roman 
empire there are important ruins of large am- 
phitheatres of stone. The principal arc those at 
Verona, Paestum, Pompeii, and Capua, in Italy ; 
at Nimes, Aries, and Frejus, in France ; at Pola, 
in Istria ; at Syracuse, Catania, and some other 
cities in Sicily. They are all constructed on the 
same general principles as the Colisaeum, from 
which, again, they all differ by the absence of 
the outermost corridor ; and, consequently, their 
height could not have exceeded three stories ; 
while some of them only had two. Of the Vero- 
nese amphitheatre, the outer wall and colonnade 
are entirely gone, excepting four arches ; but the 
rest of the building is almost perfect. When 
complete, it had seventy-two arches in the outer 
circle, and, of course, the same number of radiating 
walls, with their passages and staircases ; the 
lengths of the axes of the outer ellipse were 500 
and 404 feet, those of the arena, 242 and 14G. 
It was probably built under Domitian and Nerva. 
(Mallei, 1'rrnna ///iistrata.) The next in import- 
ance is that at Nimes, the outer dimensions of 
which are computed at 434 by 340 feet. "The 
exterior wall, which is nearly perfect, consists of 
a ground story and upper story, each pierced with 
sixty arches, and is surmounted by an attic. Its 
height, from the level of the ground, is above 70 
English feet. The lower or ground story is 
adomed with pilasters, and the upper with Tuscan 
or Doric columns. The attic shows the holes 
destined to receive the posts on which was stretched 
the awning that covered the amphitheatre. The 
rows of seats arc computed to have been originally 
32 in number. There were four principal en- 
trances. The amphitheatre has been computed to 
hold 17,000 persons: it wag built with great 
solidity, without cement." (J'en. Cyclop, art. 
N'imes.) That at Aries was three stories high, 
and has the peculiarity of being built on uneven 
ground, so that the lowest story is, for the most 
part, below the level of the surface, and the prin- 
cipal entrances arc nn the second story. (For a 
detailed description, see Guis, Description da 
V Amphitheatre d' Aries, lGb'o ; and Pen. Cyclop. 



90 AMPHORA. 

art. Aries.) Both these amphitheatres belong pro- 
bably to the time of the Antonines. (Maffei, de 
Ampk. Gall.) The amphitheatre at Pola stands 
on the side of a hill, and is higher on one side than 
on the other. There is little to remark respecting 
the other amphitheatres, except that a fragment of 
an inscription, found in that at Capua, informs us 
that it was built under Hadrian, at the cost of 
the inhabitants of the city, and was dedicated by 
Antoninus Pius ; and, concerning that of Pompeii, 
that the earthquake, which preceded the eruption 
by which the city was buried, injured the amphi- 
theatre so much, that antiquarians have been dis- 
appointed in looking for any new information from 
it ; there is an excellent description of it in the 
work entitled Pompeii, vol. i. c. 9. There are traces 
of amphitheatres of a ruder kind, chiefly of earth, 
in various parts of our own country, as at Dor- 
chester, Silchester, Caerleon, and Redruth. 

IV. Uses of the Amphitheatre. — This part of 
the subject is treated of under Gladiatores, 
Naumachia, and Venationes. This is not the 
place to discuss the influence of the spectacles of 
the amphitheatre on the character and destinies 
of the Roman people : some good remarks on the 
subject will be found in the Library of Entertain- 
ing Knowledge, Menageries, vol. ii. c. 12. [P. S.] 
AMPHOMO'SIA. [Amphiorkia.] 
AM'PHORA {o.fjL(popsvs, old form a./j.(pt<j>op€vs, 
Horn. II. xxiii. 107 ; Od. x. 164, et alib. ■ ScJiol, 
in Apoll. Rhod. iv. 1187 ; Simon, in Anth. Pal. 
xiii. 19). A large vessel, which derived its name 
from its being made with a handle on each side of 
the neck (from ctfupl, on both sides, and cpepa to 
carry), whence also it was called diota, that is, a 
vessel with two ears (Sioitos, Sloitos ffTajxvos or 
Kadtmos, Plat. Hipp. Maj. p. 288, d. ; Ath. xi. 
p. 473 ; Moeris s. v. afMpopea ; Hor. Carm. i. 9. 
8). The form and size varied, but it was generally 
made tall and narrow, and terminating in a point, 
which could be let into a stand or into the ground, 
to keep the vessel upright ; several amphorae have 
been found in this position in the cellars at Pom- 
peii. The following cut represents amphorae from 
the Townley and Elgin collections in the British 
Museum. 




AMPHORA. 

The usual material of the amphora was earthen- 
ware (Hor. de Ar. Poet. 21), whence it was also 
called testa {Carm. i. 20. 2) : but Homer mentions 
them of gold and of stone (R. xxiii. 92 ; Od. xxiv. 
74, xiii. 105) : and in later times glass amphorae 
were not uncommon (Petron. 34) ; several have 
been found at Pompeii : Nepos mentions, as a great 
rarity, amphorae of onyx, as large as Chian cadi 
(ap. Plin. H. N. xxxvi. 7. s. 12). The amphora 
was often made without handles. The name of 
the maker, or of the place of manufacture, was some- 
times stamped upon them : this is the case with 
two in the Elgin collection, Nos. 238 and 244. 
[Fictile.] 

Amphorae were used for the preservation of 
various things which required careful keeping, 
such as wine, oil, honey, grapes, olives, and 
other fruits (Horn. II. xxiii. 170 ; Cato, R. R. x. 
2 ; Colum. R. R. xii. 16, 47 ; Hor. Epod. ii. 15 ; 
Cic. c. Verr. iv. 74); for pickled meats (Xen. Anab. 
v. 4. § 28) ; and for molten gold and lead (Herod, 
iii. 96 ; Nepos, Hann. 9). There is in the British 
Museum a vessel resembling an amphora, which 
contains the line African sand used by the athle- 
tae. It was found, with seventy others, in the 
baths of Titus, in 1772. Respecting the use of 
the amphora in the streets of Rome, see Petron. 
70, 79 ; Propert. iv. 5. 73 ; Macrob. Sat. ii. 12 ; 
and the commentators on Lucretius, iv. 1023. 
Homer and Sophocles mention amphorae as used 
for cinerary urns (II. xxiii. 91, 92 ; Soph. Fr. 
303, Dind.) ; and a discovery was made at Salona, 
in 1825, which proves that they were used as 
coffins : the amphora was divided in half in the 
direction of its length to receive the corpse, and 
the two halves were put together again and buried 
in the earth : the skeletons were found still entire. 
(Steinbiichel, Alterthum. p. 67.) Amphorae of par- 
ticular kinds were used for various other pur- 
poses, such as the amphora nasiterna for irrigation 
(Cato, R. R. 11. § 3), and the amphora spartea, 
which was perhaps a wicker amphora for gather- 
ing grapes in. (Ibid. § 2.) 

The most important employment of the amphora 
was for the preservation of wine : its use for this 
purpose is fully described under Vinum. The 
following woodcut, taken from a painting on the 
wall of a house at Pompeii, represents the mode of 
filling the amphora from a wine-cart. 




There is an interesting account of the use of 
the amphora among the Egyptians, in Sir G. Wil- 
kinson's Ancient Egyptians, vol. ii. pp. 157 — 160. 



AMPYX. 

The name amphora was also applied hoth by 
the Greeks and the Romans to a definite measure 
of capacity, which, however, was different among 
the two peoples, the Roman amphora being only 
two-thirds of the Greek aujpopevs. In both cases 
the word appears to be an abbreviation, the full 
phrase being in Greek an<pop*iis neTprrr-fis (the 
standard amphora), and in Latin amphora qua- 
drantal {the cubic amphora). Respecting the mea- 
sures themselves, see Metretes, Quadrantal. 
At Rome a standard amphora, called amphora 
Capitolina, was kept in the temple of Jupiter on 
the Capitol (Rhcmn. Fann. de Pond. 61 ; CapitoL 
Maxim. 4). The size of ships was estimated by 
amphorae (Cic. ad Fam. xii. 15 ; Liv. xxL 63) ; 
and the produce of a vineyard was reckoned by 
the number of amphorae, or of culei (of twenty 
amphorae each), which it yielded. [P-S.] 

AMPLIA'TIO. [Judicium.] 

AMPULLA (K-fixvBos, Pofigukios), a bottle, 
usually made either of glass or earthenware, rarely 
of more valuable materials. Bottles both of glass 
and earthenware are preserved in great quantities 
in our collections of antiquities, and their forms 
are very various, though always narrow-mouthed, 
and generally more or less approaching to globular. 
From their round and swollen shape, Horace ap- 
plies the word, as the Greeks did \i)Kv9os, to 
indicate grand and turgid, but empty, language. 
( I lor. Bp. i. 3. M,deA r. Poet. 97.) "Bottles were 
used for holding all kinds of liquids, and are men- 
tioned especially in connection with the bath. 
Every Roman took with him to the bath a bottle 
of oil (ampulla olearia), for anointing the body 
after bathing, and as such bottles frequently con- 
tained perfumed oils wc read of ampullae cosmianae. 
< Mart. iii. 82. 26.) A bottle of this kind is figured 
under Balneum. 

The dealer in bottles was called ampullarius, 
and part of his business wa3 to cover them with 
leather (coriuni). A bottle so covered was called 
ampulla ruljida. (Plaut. I(ud. iii. 4. 51, Stick. iL 1. 
77, compared with Festus, s. v. Ruliida.) 

AMPYX, AMPYCTER (fi^i, a^TiwrV, 
called by the Romans frontule, was a broad band 
or plate of metal, which Greek ladies of rank wore 
upon the forehead as part of the head-dress. (//. 
xxii. 468 — 470 ; Aeschyl. Sup/p. 431 ; Theocr. L 
33.) Hence it is attributed to the female divinities. 
Artemis wears a frontal of fold {\pvaiav &nTrnna, 
Eurip. lire. 464) ; and the epithet xpv<ra.y.itvKt s is 
applied by Homer, Hcsiod, and Pindar to the 
Muses, the Hours, and the Fates. From the ex- 
pression rav KvavdfiirvKa &r\$av in a fragment of 
Pindar, wc may infer that this ornament was 
sometimes made of blue steel (Kvavoi) instead of 
gold ; and the Scholiast on the above cited passage 
of Euripides asserts, that it was sometimes en- 
riched with precious stones. 

The frontal of a horse was called by the same 
name, and was occasionally made of similar 
rich materials. Hence, in the Iliad, the horses 
which draw the chariots of Hera and of Ares are 
called x/> 1 "»' < '/ lir >'K**. 

The annexed woodcut exhibits»the frontal on the 
head of Pegasus, taken from one of Sir William 
Hamilton's vases, in contrast with the correspond- 
ing ornament as shown on the heads of two females 
in the same collection. 

Frontnls were also worn by elephants. (Liv. 
xxxvii. 40.) Hesychius (s. v. Ai>Si<p N.iu-, i sup- 



AMUSSIS. 91 




poses the men to have worn frontals in Ly- 
dia. They appear to have been worn by the 
Jews and other nations of the East. (Deut. vi. 8, 
xi. 18.) [J.Y.] 

AMULE'TUM (irtpiairruv, ircpiafifia, (pi/Ao- 
KT-tipiov), an amulet. This word in Arabic (Hama- 
let) means that which is suspended. It was probably 
brought by Arabian merchants, together with the 
articles to which it was applied, when they were 
imported into Europe from the East. It first occurs 
in the Natural History of Pliny. 

An amulet was any object — a stone, a plant, 
an artificial production, or a piece of writing — 
which was suspended from the neck, or tied to 
any part of the body, for the purpose of counteract- 
ing poison, curing or preventing disease, warding 
off the evil eye, aiding women in childbirth, or 
obviating calamities and securing advantages of 
any kind. 

Faith in the virtues of amulets was almost uni- 
versal in the ancient world, so that the whole art 
of medicine consisted in a very considerable degree 
of directions for their application ; and in propor- 
tion to the quantity of amulets preserved in our 
collections of antiquities, is the frequent mention of 
them in ancient treatises on natural history, on the 
practice of medicine, and on the virtues of plants 
and stones. Some of the amulets in our museums 
are merely rough unpolished fragments of such 
stones as amber, agate, cornelian, and jasper; 
others are wrought into the shape of beetles, quad- 
rupeds, eyes, fingers, and other members of the 
body. There can be no doubt that the selection 
of stones either to be set in rings, or strung to- 
gether in necklaces, was often made with reference 
to their reputed virtues as amulets. (Plin. //. JV. 
xxv. 9. s. 67, xxix. 4. g. 19, xxx. 10. s. 24., xxxvii. 
8. s. 37.) [Fascinus,] [J. Y.] 

AMUSSIS or AMUSSIUM, a carpenter's 
and mason's instrument, the use of which was to 
obtain a true plane surface ; but its construction 
is difficult to make out from the statements of the 
ancient writers. It appears clearly from Vitruvius 
(i. 6. g 6) that it was different from the rcaula 
(straight rule), and from the tibeUa (plumblinc or 
square), and that it was used for obtaining a truer 
surface, whether horizontal or perpendicular, than 
those two instruments together would give. It is 
defined by the grammarians as a reijula or taliula, 
made perfectly plane and smooth, and used for 
making work level and for smoothing stones (Ucaula 
aili/uam uliquid rxarquntur, Festus, ». v. ; amussis erf 
nitpiamentum h-viantum, rt rit apud fabros tatiubi 
ifi'i.d'ini, ij'i'i ii'-ii.tur nd x/.xi Ifi-iiinniln, V;irr. </;■. 
.Von. i. 28) ; and another grammarian very clearly 



92 



ANAKEIA. 



ANAKRISIS. 



describes it as a plane surface, covered with red 
ochre, which was placed on work, in order to 
test its smoothness, which it of course did by 
leaving the mark of the red ochre on any pro- 
jections. (Amussis est tabula rubricata quae de- 
mittitur examinandi operis gratia, an rectum opus 
surgat, Sisenna, ap. Charis. ii. p. 178, Putsch). 
There was also a difference of opinion among the 
grammarians, whether the amussis was only an 
instrument for trying a level, or a tool for ac tually 
making one (Festus, s. v. Eocamussim). The amus- 
sis was made sometimes of iron (Fest. ibid.), and 
sometimes of marble (Vitruv. I. c). It gives rise 
to the adverbs amussim, adamussim, and eocamus- 
sim, meaning with perfect regularity and exact- 
ness. (See Forcellini, Lexicon,) [P. S.] 

AMU'SSIUM. [Amussis.] 

ANADE'MA. [Mitra.] 

ANADI'KIA (avaSacia). [Apellatio.] 

ANA'GLYPHA or ANAGLYPTA (avd- 
y\v<pa, avayKvuTo), chased or embossed vessels 
made of bronze or of the precious metals, which 
derived their name from the work on them being 
in relief, and not engraved. (Plin. H. N. xxxiii. 
11. s. 49 ; Virg. Aen. v. 267 ; Martial, iv. 39 ; 
Caelatura ; Toreutice.) The name was also 
applied to sculptured gems. [P. S.] 

ANAGLYPTA. [Anaglypha.] 

ANAGNOSTAE, also called Leciores, were 
slaves, who were employed by the educated Romans 
in reading to them during meals or at other times. 
(Cic. adAtt. i. 12 ; Corn. Nep. Att. 14 ; Plin. Ep. 
i. 15, iii. 5, ix. 36.) 

ANAGO'GES DIKE' (avayayris SUri). If 
an individual sold a slave who had some secret 
disease — such, for instance, as epilepsy — without 
informing the purchaser of the circumstance, it 
was in the power of the latter to bring an action 
against the vendor within a certain time, which 
was fixed by the laws. In order to do this, he had 
to report (avdyew) to the proper authorities the 
nature of the disease ; whence the action was called 
avayayrjs SIkti. Plato supplies us with some inform- 
ation on this action ; but it is uncertain whether 
his remarks apply to the action which was brought 
in the Athenian courts, or to an imaginary form of 
proceeding. (Plat. Leg. xi. p. 916 ; Hesych. s. v. 
avaywyr) ; Suid. s. v. ivaywyfi, ivdyzo-0ai : Meier, 
Att. Process, p. 525.) 

ANAGO'GIA (avaytiyia), a festival celebrated 
at Eryx, in Sicily, in honour of Aphrodite. The 
inhabitants of the place believed that, during this 
festival, the goddess went over into Africa, and 
that all the pigeons of the town and its neigh- 
bourhood likewise departed and accompanied her. 
(Aelian, Hist. An. iv. 2, V. H. i. 14 ; Athen. ix. 
p. 394.) Nine days afterwards, at the so-called 
KaTaydyia (return), one pigeon having returned 
and entered the temple, the rest followed. This was 
the signal for general rejoicing and feasting. The 
whole district was said at this time to smell of 
butter, which the inhabitants believed to be a 
sign that Aphrodite had returned. (Athen. ix. 
p. 395 ; comp. K. F. Hermann, Lelirb. d. gottes- 
dienst. Alterth. d. Griechen, § 68. n. 29.) [L. S.] 

ANAKEIA (avdiceia) or ANAKEION (avd- 
Kfiov), a festival of the Dioscuri, or "AvaKTts, as 
they were called, at Athens. (Hesych. vol. i. 
p. 325 ; Pollux, i. 37.) Athenaeus (vi. p. 235) 
mentions a temple of the Dioscuri called 'Kvaiteiov, 
at Athens; he also informs us (iv. p. 137) that 



the Athenians, probably on the occasion of this 
festival, used to prepare for these heroes in the 
Prytaneium a meal consisting of cheese, a barley- 
cake, ripe figs, olives, and garlic, in remembrance 
of the ancient mode of living. These heroes 
however, received the most distinguished honours 
in the Dorian and Achaean states, where it may 
be supposed that every town celebrated a festival 
in their honour, though it may not have been under 
the name of avdiceia. Pausanias (x. 38. 3) men- 
tions a festival held at Amphissa, called that of the 
av a.KToiv iraiSaiv : but adds that it was disputed 
whether they were the Dioscuri, the Curetes, or the 
Cabeiri. (K. F. Hermann, Lelirb. d. gottesdienst. Al- 
terth. d. Griechen, § 62. n. 27.) [L. S.] 
ANAKEI'MENA (avaKd/xeva). [Donaria.] 
ANAKLETE'RIA (avaKX-qT^pia), the name 
of a solemnity at which a young prince was pro- 
claimed king, and ascended the throne. The name 
was chiefly applied to the accession of the Ptolemaic 
kings of Egypt. (Polyb. Reliq. xviii. 38, xxviii. 
10.) The prince went to Memphis, and was 
there adorned by the priests with the sacred 
diadem, and led into the temple of Phtha, where 
he vowed not to make any innovations either in 
the order of the year or of the festivals. He then 
carried to some distance the yoke of Apis, in order 
to be reminded of the sufferings of man. Re- 
joicings and sacrifices concluded the solemnity. 
(Diod. Fragm. lib. xxx.) [L. S.] 
ANAKLYPTE'RIA. [Matrimonii^.] 
ANA'KRISIS (av&Kpio-is), the preliminary 
investigation of a case by a magistrate or archon, 
before it was brought before the courts of justice 
at Athens. For the purpose of ascertaining whe- 
ther the action would lie, both parties, the com- 
plainant and defendant, were summoned, sepa- 
rately, and if either of them did not appear with - 
out a formal request to have the matter delayed 
{virwfioo-'ia), he tacitly pleaded guilty, and accord- 
ingly lost the suit. (Demosth. c. Tlieocr. p. 1324.) 
The anacrisis began by both the plaintiff and the 
defendant taking an oath, the former thereby at- 
testing that he had instituted the prosecution with 
truth and conscientiousness (irpou>nocria.) t and the 
latter, that to the best of his knowledge he was 
innocent (a.VTUfioo'ia). (Timaeus, Lex. Plat. p. 38, 
with Ruhnkeh's note ; Diog. Laert. ii. 40 ; Plat. 
Apol. Socr. 3.) It was further promised by both, 
that the subsequent prosecution and defence 
should be conducted with fairness and justice. 
(Harpocrat., Suid., Hesych. s. v. avrw/xoo-ia : 
Pollux, viii. 122.) If the defendant did not 
bring forward any objection to the matter being 
brought before a court of justice, the proceeding 
was termed (vOvSiklo.. (Demosth. c.Phorm. p. 908, 
c. Steph. p. 1103.) Such objections might be 
raised in regard to the incompetency of the court 
to which the matter was to be referred, or in regard 
to the form in which the accusation was brought 
forward, and the like (Lys. c. Panel, p. 732 ; 
Pollux, viii. 57) ; they were alwaj'S looked upon 
with suspicion (Demosth. c. Leoch. p. 1097, p. 
Phorm. p. 944) ; but, nevertheless, they were not 
unfrequently resorted to by defendants, either in 
the form of a Siafiaprvpla, or that of a irapaypatpi]. 
In the case of a SiafiapTvpia, the plaintiff had to 
bring forward witnesses to show that the ob- 
jections raised by the defendant were unfounded ; 
and if this could not be done, the defendant had a 
right to bring witnesses to show that his objections 



ANAKRISIS. 
were founded on justice, and in accordance with 
the laws. But each of the litigant parties might 
denounce the witnesses of his opponent as false 
witnesses, and thus a secondary lawsuit might be 
interwoven with the principal one. If the Siapap- 
rvpia was resorted to in a civil case, the party who 
made use of it had to deposit a sum of money 
(■HapaKaraSoKii), and when the plaintiff lost his 
suit, he had to pay to the defendant a fine for 
having raised an accusation without foundation. 
In lawsuits about the succession to the property of 
a person, the Stapaprvpia was the only form in 
which objections could be raised. (Bekker, 
Anecdot. p. 236.) The irapaypaxpri was an ob- 
jection in writing, which was made by the de- 
fendant, without his employing any witnesses, 
and which was decided upon in court ; and in 
this, also, the loser had to pay a fine to the party 
that gained the suit. (Pollux, viii. 58.) When 
the plaintiff gained his case, the prosecution pro- 
ceeded in its regular course. The avrtypcupri, 
however, might be something more than a mere 
objection, inasmuch as the defendant might turn 
against the plaintiff, and raise an accusation against 
him. Such an accusation very commonly con- 
sisted in the defendant charging his accuser with 
having no right to claim the privileges of an 
Athenian citizen, in consequence of which the 
latter was prevented from exercising those privi- 
leges until he had established his claims to them. 
This kind of amiypatpi) was frequently a mere 
device to annoy the plaintiff. 

These are, in general, the proceedings in the 
iydxpiais : and from what thus took place, it is 
clear that the main part of the evidence on both 
sides was brought out in the iwucpio-ii, and at the 
regular trial in court the main object was to work 
upon the minds of the judges through the in- 
fluence of the orators, with reference to the evi- 
dence brought out in the av&Kptois. The latter, 
therefore, consisted of the simple evidence which 
required no oratorical discussion, and which was 
contained, — 1. in laws ; 2. in documents ; 3. in 
the statement of free witnesses ; 4. in the state- 
ment of slaves ; and 5. in oaths. In all these 
kinds of evidence, one party might have recourse 
to the irp6nkTi(ris, that is, call upon the other 
party to bring forward such other evidence as was 
not already given. (Dcmosth. c. Steph. p. 1006, 
c. T/ieocr. p. 987, c. Pantaen. p. 078.) There was, 
however, no strict obligation to comply with such 
a demand (Demosth. c.Olymp. p. 1181), and in 
certain cases the party called upon might, in ac- 
cordance with established laws, refuse to comply 
with the demand ; for instance, persons belonging 
to the Bamc family could not be compelled to ap- 
pear as witnesses against one another. ( Dcmosth. 
c. Tim. p. 119.5.) Hut if the reading of a docu- 
ment, throwing light upon the point at issue, was 
refused, the other party might bring in a Sikij fls 
ifKpavuv KtndoTaoiv. 

In regard to the laws which either party might 
adduce in its support, it must be observed, that 
copies of them had to be read in the anacrisis, 
since it would have lieen difficult for any mngis- 
gistnite or judge to fix, at once, upon the law or 
laws bearing upon the question at issue. In what 
manner the authorities were enabled to insure 
faithful and correct copies being taken of the laws, 
is not known ; but it is highly probable that any 
one who took a copy in the archives, had to get 



ANAKRISIS. 93 
the signature of some public officer or scribe to 
attest the correctness of the copy. 

Other legal documents, such as contracts (vvv- 
Brjicai, avyypcupai), wills, books of accounts, and 
other records (Demosth. p. P/iorm. p. 950), not 
only required the signature and seal of the party 
concerned, but their authenticity had to be attested 
by witnesses. (Demosth. c. Onet. p. 869). 

Evidence (paprvpia) was given not only by free- 
born and grown-up citizens, but also by strangers 
or aliens (Demosth. c. Lacrit. pp. 927, 929, 930, 
937), and even from absent persons evidence 
might be procured (iKfiaprvpia, Demosth. c. Steph. 
p. 1130 ; Pollux, viii. 36), or a statement of a 
deceased person might be referred to (aKoyv 
naprvpuv, Demosth. e. Steph. p. 1130, c. Leoch. 
p. 1097). If any one was called upon to bear 
witness (/cA7)T€u€iv), he could not refuse it; and 
if he refused, he might be compelled to pay a fine 
of 1000 drachmae (Demosth. de Fals. Ley. pp. 396, 
403 ; Aeschin. c. Timocr. p. 71), unless he could 
establish by an oath (i^wfioaia), that he was 
unable to give his evidence in the case. Any one 
who had promised to bear witness, and afterwards 
failed to do so, became liable to the action of SIkti 
\(iirofiapTvpiov or f}\ctgris. The evidence of an 
avowed friend or enemy of either party might be 
rejected. (Aeschin. c. Timocr. p. 72.) All evi- 
dence was either taken down in writing as it was 
given by the witnesses, or in case of its having 
been sent in previously in writing, it was read 
aloud to the witness for his recognition, and he 
had generally to confirm his statement by an oath. 
(Dcmosth. c. Steph. pp. 1 1 15, 11 19, 1130, c. Con. 
p. 1269 ; comp. Diog. Laert. iv. 7.) The testi- 
mony of slaves was valid only when extorted bv 
instruments of torture, to which either one party 
might offer to expose a slave, or the other might 
demand the torture of a slave. (Demosth. c. Ni- 
costr. p. 1254, c. Aphob. p. 855, c. Onet. p. 874, 
c. Steph. p. 1 135.) 

A distinct oath was required in cases where 
there were no witnesses or documents, but it has 
been remarked above that oaths were also taken to 
confirm the authenticity of a document, or the truth 
of a statement of a witness. [Jusjukandcm.J 

If the evidence produced was so clear and sa- 
tisfactory, that there was no doubt as to who was 
right, the magistrate could decide the case at 
once, without sending it to be tried in a court. 
During the anacrisis as well as afterwards in the 
regular court, the litigant parties might settle 
their dispute by an amicable arrangement (De- 
mosth. c. Thiocrin. p. 1323,0. Mid. p. 529 ; Aeschin. 
de Fals. Uy. p. 269 ; Pollux, viii. 143.) But if 
the plaintiff, in a public matter, dropped his accu- 
sation, he became liable to a fine of 1000 drach- 
mae, and incurred partial atjmia ; in later times, 
however, this punishment was not always inflicted, 
and in civil cases the plaintiff only lost the sum 
of money which he had deposited. When the 
parties did not come to an understanding during 
the anacrisis, all the various kinds of evidence 
brought forward were put into a vessel called 
'X'" *. which was sealed and entrusted to some 
officer to be kept until it was wanted on the day 
of trial. (Demosth. ft Olymp. p. 1 173 ; Schol. ail 
Aririuyh. 1'etp. 1 127.) The period between the 
conclusion of the preliminary investigation and until 
the matter was brought before a court, was con- 
sidered to belong to the anacrisis, and that period 



94 ANAXAGOREIA. 



ANGARIA. 



was differently fixed by lav/, according to the 
nature of the charge. In cases of murder, the 
period was never less than three months, and in 
others the trial in court commenced on the 
thirtieth day after the beginning of the anacrisis, 
as, e. g. in the o'lKai ipauiKal, i/MiropiKal, /ueTaAAi- 
Kai, and wpoiK6s (Harpocrat. s. v. e/^/urjcoi Si'/cat ; 
Pollux, viii. 63, 101), and the day fixed for the 
trial was called Kvpia tov v6fiov. (Demosth. c. 
Mid. p. 544.) In other cases, the day was fixed 
by the magistrate who conducted the anacrisis. 
But either party might petition for a postponement 
of the trial, and the opposite party might oppose 
the petition by an oath that the ground on which 
the delay was sought for, was not valid, or un- 
satisfactory. (Harpocrat. s.v.av8virwixoaia • Pollux, 
viii. 60.) Through such machinations, the deci- 
sion of a case might be delayed to the detriment of 
justice ; and the annals of the Athenian courts are 
not wanting in numerous instances, in which the 
ends of justice were thwarted in this manner for a 
number of years. (Demosth. c. Mid. p. .541 ; 
comp. Meier and Schb'mann, DerAtt. Proc. p. 622 ; 
C. F. Hermann, Gnash. Staatsalth. § 141 ; Scho- 
man, Antiquit. Jur. puhl. Graec. p. 279 ; Wachs- 
muth, Hellen. Alterthumskunde, ii. p. 262, &c. 
2nd edit.) The examination which an archon un- 
derwent before he entered on his office, was like- 
wise called avaKpiais. [L. S.] 

ANALEMMA (avaK-^nixa), in its original 
meaning, is any thing raised or supported ; it is 
applied in the plural to walls built on strong 
foundations. (Hesych. Suid. s. v.) Vitravius uses 
the word to describe an instrument which, by 
marking the lengths of the shadows of a fixed 
gnomon, showed the different altitudes of the sun 
at the different periods of the year. (Vitruv. ix. 
7, 8. s. 6, 7, Schneider.) It must not be con- 
founded with the modern analemma, which is much 
more complicated and precise than the instrument 
described by Vitruvius. [P. S.] 

ANAPIE'SMATA. [Theatrum.] 

ANATHE'MATA (ava.8iiiJ.aTa.) [Donaria.] 

ANATOCISMUS. TFenus.] 

ANAUMACHIOU GRAPHE' (avav/iaxiov 
ypaipi)), was an impeachment of the trierarch 
who had kept aloof from action while the rest 
of the fleet was engaged. From the personal na- 
ture of the offence and the pimishment, it is 
obvious that this action could only have been di- 
rected against the actual commander of the ship, 
whether he was the sole person appointed to the 
office, or the active partner of the perhaps many 
cuvTeA.eis, or the mere contractor (6 fitaOa- 
cdfievos). In a cause of this kind, the strategi 
would be the natural and official judges. The 
punishment prescribed by law for this offence 
was a modified atimia, by which the criminal and 
his descendants were deprived of their political 
franchise ; but, as we learn from Andocides, were 
allowed to retain possession of their property. 
(De My st. p. 10. 22, ed. Steph. ; Petit. Leg. Att. 
p. 667.) [J.S.M.] 

ANAXAGOREIA (avaiaySpeia), a day of 
recreation for all the youths at Lampsacus, which 
took place once every year, in compliance, it was 
said, with a wish expressed by Anaxagoras, who, 
after being expelled from Athens, spent the re- 
mainder of his life here. This continued to be ob- 
served even in the time of Diogenes Laertius. 
(Anaxag. c. 10.) [L. S.] 



ANCHISTEIA (ayxtarda). [Heres.] 
ANCI'LE. [Salii.] 
ANCILLA. [Servus.] 
A'NCORA. [Navis.] 
A'NKULE (07KUA7)). [Hasta.] 
ANDABATAE. [Gladiator.] 
ANDREIA (avSpela). [Syssitia.] 
A'NDRIAS (avBpias). [Statuaria.] 
ANDROGEO'NIA ('AvSpoyedvia), a festival 
with games, held every year in the Cerameicus at 
Athens, in honour of the hero Androgeus, son of 
Minos, who had overcome all his adversaries in the 
festive games of the Panathenaea, and was after- 
wards killed by his jealous rivals. (Paus. i. 27. 
§ 9 ; Apollod. iii. 15. § 7 ; Hygin.2^6. 41 ; Diod. 
iv. 60, 61.) According to Hesychius, the hero also 
bore the name of Eurygyes (the possessor of ex- 
tensive lands), and under this title games were 
celebrated in his honour, 6 in Evpvyvr) aydiv. 
(Hesych. vol. i. p. 1332 ; K. F. Hermann^ Gottes- 
dienst. Alterth. d. Griechen, § 62, n. 22. [L. S.] 

ANDROLE'PSIA (avopoK^'ia or avSpoXf)- 
tyiov), a legal means by which the Athenians were 
enabled to take vengeance upon a community in 
which an Athenian citizen had been murdered. 
For when the state or city in whose territory the 
murder had been committed, refused to bring the 
murderer to trial, the law allowed the Athenians 
to take possession of three individuals of that 
state or city, and to have them imprisoned at 
Athens, as hostages, until satisfaction was given, 
or the murderer delivered up, and the property 
found upon the persons thus seized was confiscated. 
(Demosth. c. Aristocr. p. 647 ; Harpocrat. s. v. ; 
Pollux, viii. 40 ; Suid. and Etym. M. s. v. ■ 
Bekker, Anecdot. p. 213.) The persons entrusted 
with the office of seizing upon the three hos- 
tages, were usually the trierarchs, and the com- 
manders of ships of war. (Demosth. De Coron. 
Trier, p. 1232.) This Athenian custom is analo- 
gous to the clarigatio of the Romans. (Liv. viii. 
14.) [L. S.] 

ANDRONI'TIS. [Domus, Greek.] 
ANGARI'A (ayyapda, Hdt. ayyapifCov) is a 
word borrowed from the Persians, signifying a 
system of posting, which was used among that 
people, and • which, according to Xenophon, was 
established by Cyrus. Horses were provided, at 
certain distances, along the principal roads of the 
empire ; so that couriers (ayyapoi), who also, of 
course, relieved one another at certain distances, 
could proceed without interruption, both night and 
day, and in all weathers. (Herod, viii. 98 ; iii. 126 ; 
Xen. Cyrop. viii. 6. § 1 7; Suid. s. v.) It may easily 
be supposed that, if the government arrangements 
failed in any point, the service of providing horses 
was made compulsory on individuals ; and hence 
the word came to mean compulsory service in for- 
warding royal messages ; and in this sense it was 
adopted by the Romans under the empire, and is 
frequently found in the Roman laws. The Roman 
angaria, also called angariarum exhibitio or prae- 
statio, included the maintenance and supply, not 
only of horses, but of ships and messengers, in for- 
warding both letters and burdens ; it is defined as 
a personate munus ; and there was no ground of 
exemption from it allowed, except by the favour 
of the emperor. (Dig. 50. tit. 4. s. 18. §§ 4, 29 ; 
tit. 5. s. 10, 11; 49, tit. 18. s. 4. § 1 ; Cod. Theod. 
8. tit. 5 ; Cod. Justin. 12. tit. 51.) 

According to Suidas, the Persian word was ori- 1 



ANNULUS. 

ginally applied to any bearers of burdens, and 
next, to compulsory service of anv kind. [P. S.] 
ANGIPORTUS, or ANGIPORTUM, a nar- 
row lane between two rows of houses ; such a lane 
might have no issue at all, or end in a private 
house, so as to be what the French call a cul-de- 
sac, or it might terminate at both ends in some 
public street. The ancients derived the word 
from angusius and partus, and explain it as mean- 
ing, originally, the narrow entrance to a port. 
(Fest. p. 17. cd. MLiller ; Varro, De L. L. v. 145, 
vi. 41 ; Ulpian, in Dig. De Signif. Verb. 59.) The 
number of such narrow courts, closes, or lanes seems 
to have been considerable in ancient Rome. (Cic. 
de Div. L 32, p. Mil. 24, ad Heren. iv. 51 ; 
Plaut. Pseud, iv. 2. 6, ap. Non. iii. 1 ; Ter. 
Adclph. iv. 2. 39 ; Horat. Carm. i. 25. 10 ; CatulL 
58. 4.) [L. S.] 

ANGUSTUS CLAVUS. [Clavus.] 
ANNATES MA'XIMI. [Pontipjhc] 
ANNG'NA is used to signify, L The produce 
of the year in corn, fruit, wine, &c, and hence, 2. 
Provisions in general, especially the corn which, in 
the latter years of the republic, was collected in 
the storehouses of the state, and sold to the poor at 
a cheap rate in times of scarcity ; and which, under 
the emperors, was distributed to the people gra- 
tuitously, or given as pay and rewards. [Cox- 

CIARIUM ; FrUMKNTATIO ; PltAEFECTUS A.V- 
NONAE.] [P. S.] 

A'NNULUS (ScucrvKios), a ring. Every free- 
man in Greece appears to have used a ring ; and, 
at least in the earliest times, not as an ornament, 
but as an article for use, as the ring always served 
as a seal. How ancient the custom of wearing 
rings among the Greeks was, cannot be ascertained ; 
though it is certain, as even Pliny (//. A', xxxiii. 
4) observes, that in the Homeric poems there are 
no traces of it. In works of fiction, however, and 
in those legends in which the customs of later ages 
are mixed up with those of the earliest times, we 
find the most ancient heroes described as wearing 
rings. (Paus. i. 17. § 3, x. 30. § 2 ; F.urip. Iphig. 
Aul. 154, I/ippol. 1)59.) But it is highly probable 
that the custom of wearing rings was introduced 
into Greece from Asia, where it appears to have 
been almost universal. (Herod, i. 195 ; Plat, de 
He I'M. ii. p. 359.) In the time of Solon seal- 
rings ((TtppaylUfs), as well as the practice of coun- 
terfeiting them, seem to have been rather com- 
mon, for Diogenes Lacrtius (i. 57) speaks of a law 
of Solon which forbade the artist to keep the form 
of a seal (<r<ppayis) which he had sold. (Instances 
of counterfeited seals are given in Becker's Cltari- 
kles, ii. p. 217.) Whether, however, it was cus- 
tomary as early as the time of Solon to wear rings 
with precious stones on which figures were en- 
graved, may justly be doubted ; and it is much 
more probable that at that time the figures were 
cut in the metal of the ring itself, a custom which 
was never abandoned altogether. Rings without 
precious stones were called fii^^oi, the name of the 
gem being i^ijcpoi or a<ppayU. (Artemidor. Oneirn- 
cril. ii. 5.) In later times rings were worn more 
as ornaments than as articles for use, and persons 
now were no longer satisfied with one, but wore 
two, three, or even more rings ; and instances arc 
recorded of those who regularly loaded their hands 
with rings. (Plat. Hipp. Min. p. 'Mill ; Aristoph. 
Eccln. C32, i\uh. 332, with the Schol. ; Dinarch. 
in Demoslh. p. 29 ; Diog. Lac'rt v. 1.) Greek 



ANNULUS. 95 
women likewise used to wear rings, but not so fre- 
quently as men ; the rings of women also appear 
to have been less costly than those of men, for 
some are mentioned which were made of amber, 
ivory, &c. (Artemid. /. c.) Rings were mostly 
worn on the fourth finger (irapaueaos, Plut. Sym- 
pos. Fragm. lib. iv. ; Gellius, x. 10). The Lace- 
daemonians are said to have used iron rings at all 
times. (Plin. //. N. xxxiii. 4.) With the excep- 
tion perhaps of Sparta, the law docs not appear to 
have ever attempted in any Greek state to counter- 
act the great partiality for this luxury ; and no- 
where in Greece does the right of wearing a gold 
ring appear to have been confined to a particular 
order or class of citizens. 

The custom of wearing rings was believed to 
have been introduced into Rome by the Sabines, 
who are described in the early legends as wear- 
ing gold rings with precious stones (gemmati 
annuli) of great beauty. (Liv. i. 1 1 ; Dionys. ii. 
38.) Florus (i. 5) states that it was introduced 
from Etruria in the reign of Tarquinius Priscus, 
and Pliny (/. c.) derives it from Greece. The 
fact that among the statues of the Roman kings 
in the capitol, two, Numa and Servius Tullius, 
were represented with rings, can scarcely be ad- 
duced as an argument for their early use, as later 
artists would naturally represent the kings with 
such insignia as characterized the highest magi- 
strates in later times. But at whatever time 
rings may have become customary at Rome, thus 
much is certain, that at first they were always of 
iron, that they were destined for the same purpose 
as in Greece, namely, to be used as seals, and that 
every free Roman had a right to use such a ring. 
This iron ring was used down to the last period 
of the republic by such men as loved the simplicity 
of the good old times. Marius wore an iron ring 
in his triumph over Jugurtha, and several noble 
families adhered to the ancient custom, and never 
wore gold ones. (Plin. H.N. xxxiii. 6.) 

When senators in the early times of the republic 
were sent as ambassadors to a foreign state, they 
wore during the time of their mission gold rings, 
which they received from the state, and which 
were perhaps adorned with some symbolic repre- 
sentation of the republic, and might serve as a 
state-seal. But ambassadors used gold rings only 
in public ; in private they wore their iron ones. 
(Plin. xxxiii. 4.) In the course of time it be- 
came customary for all the senators, chief magi- 
strates, and at last for the equitcs also, to wear 
a gold seal-ring. (Liv. ix. 7. 4C, xxvi. 36 ; Cic. 
c. Verr. iv. 25 ; Liv. xxiii. 12 ; Flor. ii. 6.) This 
right of wearing a gold ring, which was subse- 
quently called the jus annuli aurci, or the jus 
unnubirum, remained for several centuries at Home 
the exclusive privilege of senators, magistrates, 
and equitcs, while all other persons continued to 
use iron ones. ( Appiau, de Heh.I'un. 104.) Ma- 
gistrates and governors of provinces seem to have 
had the right of conferring upon inferior officers, or 
such persons as had distinguished themselves, thu 
privilege of wearing a gold ring. Verres thus 
presented his secretory with a gold ring in the 
assembly at Syracuse. (Cic. c. Verr. iii. 7(i, 80, 
ail l-'am. x. 32 ; Suet. Cues. 39.) During the 
empire the right of granting the annulus aureus 
belonged to the emperors, and some of them wero 
not very scrupulous in conferring this privilege. 
Augustus gave it to Menn, a freedman, and to 



96 



ANNULUS. 



ANNULUS. 



Antonius Musa, a physician. (Dion Cass, xlviii. 
48, liii. 30.) In a. d. 22 the emperor Tiberius 
ordained that a gold ring should only be worn 
by those ingenui whose fathers and grandfathers 
had had a property of 400,000 sestertia, and not 
by any freedman or slave. (Plin. H. N. xxxiii. 8.) 
But this restriction was of little avail, and the 
ambition for the annulus aureus became greater 
than it had ever been before. (Plin. Epist. vii. 26, 
viii. 6 ; Suet. Galb. 12. 14 ; Tacit. Hist. i. 13 ; 
Suet. Vitell. 12 ; Stat. Sih. iii. 3. 143, &c.) The 
emperors Severus and Aurelian conferred the right 
of wearing gold rings upon all Roman soldiers 
(Herodian. iii. 8 ; Vopisc. Aurel. 7) ; and Jus- 
tinian at length allowed all the citizens of the em- 
pire, whether ingenui or libertini, to wear such 
rings. 

The status of a person who had received the jus 
annuli appears to have differed at different times. 
During the republic and the early part of the em- 
pire the jus annuli seems to have made a person 
ingenuus (if he was a libertus), and to have raised 
him to the rank of eques, provided he had the 
requisite equestrian census (Suet. Galb. 10, 14 ; 
Tacit. Hist. i. 13, ii. 57), and it was probably 
never granted to any one who did not possess this 
census. Those who lost their property, or were 
found guilty of a criminal offence, lost the jus an- 
nuli. (Juv. Sat. xi. 42 ; Mart. viii. 5, ii. 57.) 
Afterwards, especially from the time of Hadrian, 
the privilege was bestowed upon a great many 
freedmen, and such persons as did not possess the 
equestrian census, who therefore for this reason 
alone could not have become equites ; nay, the jus 
annuli at this late period did not even raise a 
freedman to the station of ingenuus : he only be- 
came, as it were, a half ingenuus {quasi ingenuus), 
that is, he was entitled to hold a public office, and 
might at any future time be raised to the rank of 
eques. (Jul. Capitol. Motrin. 4.) The Lex Visel- 
lia (Cod. 9. tit. 21) punished those freedmen, who 
sued for a public office without having the jus 
annuli aurei. In many cases a libertus might 
through the jus annuli become an eques, if he had 
the requisite census, and the princeps allowed it ; 
but the annulus itself no longer included this 
honour. This difference in the character of the 
annulus appears to be clear also from the fact, that 
women received the jus annuli (Dig. 40. tit. 10. 
s. 4), and that Alexander Severus, though he 
allowed all his soldiers to wear the gold ring, 
yet did not admit any freedmen among the equites. 
(Lamprid. Al. Sev. 9.) The condition of a libertus 
who had received the jus annuli was in the main 
as follows : — Hadrian had laid down the general 
maxim, that he should be regarded as an ingenuus, 
salvo jure patroni. (Dig. 40. tit. 10. s. 6.) The 
patronus had also to give his consent to his freed- 
man accepting the jus annuli, and Commodus took 
the annulus away from these who had received it 
without this consent. (Dig. 40. tit. 1 0. s. 3.) Hence 
a libertus with the annulus might be tortured, if, 
e. g. his patron died an unnatural death, as in case 
of such a libertus dying, his patron might succeed 
to his property. The freedman had thus during 
his lifetime only an imago libertatis, he was a 
quasi ingenuus but had not the status of an in- 
genuus (Cod. 6. tit. 8. b. 2 ; Dig. 40. tit. 10. s. 5), 
and he died quasi libertus. In the reign of Jus- 
tinian these distinctions were done away with. 
Isidorus (xix. 32) is probably alluding to the pe- 



riod preceding the reign of Justinian, when he 
says, that freemen wore gold, freedmen silver, 
and slaves iron rings. 

The practical purposes, for which rings, or rather 
the figures engraved upon them, were used at all 
times, were the same as those for which we use 
our seals. Besides this, however, persons, when 
they left their houses, used to seal up such parts 
as contained stores or valuable things, in order to 
secure them from thieves, especially slaves. (Plat. 
de Leg. xii. p. 954 ; Arisloph. Thesmoph. 414, 
&c. ; Plaut. Cas. ii. 1. 1 ; Cic. ad Fam. xvi. 26, 
de Orat. ii. 61 ; Mart. ix. 88.) The ring of a Ro- 
man emperor was a kind of state-seal, and the em- 
peror sometimes allowed the use of it to such 
persons as he wished to be regarded as his repre- 
sentatives. (Dion Cass. lxvi. 2.) The keeping of 
the imperial seal-ring was entrusted to an especial 
officer (euro annuli, Just. Hist, xliii. 5). The 
signs engraved upon rings were very various, as we 
may judge from the specimens still extant : they 
were portraits of ancestors, or friends, subjects con- 
nected with the mythology, or the worship of the 
gods ; and in many cases a person had engraved 
upon his seal symbolical allusions to the real or 
mythical history of his family. (Cic. in Catil. iii. 
5 ; Val. Max. iii. 5. 1 ; Cic. de Finib. v. 1 ; Suet. 
Tib. 58. 63 ; Plin. H. N. ii. 7, &c.) Sulla 
thus wore a ring with a gem, on which Jugurtha 
was represented at the moment he was made 
prisoner. (Plin. H. N. xxxvii. 4 ; Plut. Mar. 10.) 
Pompey used a ring on which three trophies were 
represented (Dion Cass, xliii. 18), and Augustus 
at first sealed with a sphinx afterwards with a 
portrait of Alexander the Great, and at last with 
his own portrait, which was subsequently done by 
several emperors. (Plin. H. N. xxxvii. 4 ; Suet. 
Aug. 50 ; Dion Cass. Ii. 3 ; Spartian. Hadr. 26.) 
The principal value of a ring consisted in the gem 
framed in it, or rather in the workmanship of the 
engraver. The stone most frequently used was 
the onyx (capSavos , irap8oVu|), on account of its 
various colours, of which the artists made the 
most skilful use. In the art of engraving figures 
upon gems, the ancients in point of beauty and 
execution far surpass every thing in this depart- 
ment that modern times can boast of. The ring 
itself (cr(pev$6u7}), in which the gem was set, was 
likewise in many cases of beautiful workmanship. 
The part of the ring which contained the gem was 
called pala. In Greece we find that some persons 
fond of show used to wear hollow rings, the inside 
of which was filled up with a less valuable sub- 
stance. (Artemid. I. c.) 

With the increasing love of luxury and show, 
the Romans, as well as the Greeks, covered their 
fingers with rings. Some persons also wore rings 
of immoderate size, and others used different rings 
for summer and winter. (Quinctil. xi. 3 ; Juv. i. 
28 ; Mart. xi. 59, xiv.,123.) 

Much superstition appears to have been con- 
nected with rings in ancient as well as in more 
modern times ; but this seems to have been the 
case in the East and in Greece more than at Rome. 
Some persons made it a lucrative trade to sell 
rings, which were believed to possess magic powers, 
and to preserve those who wore them from external 
dangers. Such persons are Eudamus in Aristo- 
phanes (Plut. 883, with the Schol.), and Phertatus 
in Antiphanes (op. Athen. iii. p. 123). These 
rings were for the most part worn by the lower 



ANTAE. 



ANTEFIXA. 



97 



classes, and then not made of costly material, as may 
be inferred from the price (rne drachma) in the two 
instances above referred to. There are several 
celebrated rings with magic powers, mentioned 
by the ancient writers, as that of Gygcs which 
he found in a grave (Plat, de Republ. ii. p. 
359, &c. ; Plin. H. N. xxxiii. 4), that of Chari- 
cleia (Heliod. Aetli. iv. 8), and the iron ring of 
Eucrates (Lucian, Philops. 17). Compare Becker, 
Cliarikles, vol. ii. p. 398, 6cc. ; Kirchmann, de An- 
nuiis, Slesvig. 1657 ; P. Burmann, de Jure Annu- 
lorum, Ultraject. 1 734. [L. S-] 

ANNUS. [Calendarium.] 
ANQDISI'TIO. [Judex.] 
ANSA'TAE HASTAE. [Hasta.] 
ANTAE (irapairraScs), were originally posts or 
pillars flanking a doorway. (Festus, s. v. Antes.) 
They were of a square form, and are, in fact, to be 
regarded rather as strengthened terminations of 
the walls than a3 pillars affixed to them. There 
is no clear case of the application of the word to 
detached square pillars, although Nonius explains 
it by qwidrae coturnnae (1. § 124). 

The chief use of antae was in that form of 
temple, which was called, from them, in antis {vabs 
iv irapoo'TOO'i), which Vitntvius (iii. 1. s. 2 § 2, 
Schn.) describes as having, in front, antae attached 
to the walls which enclosed the o 11a ; and in the 
middle, between the antae, two columns supporting 
the architrave. The ruins of temples, corresponding 
to the description of Vitruvius, arc found in Greece 
and Asia Minor ; and we here exhibit as a speci- 
men a restoration of the front of the temple of 
Artemis Propylaea, at Eleusis, together with a 
plan of the pronaos : 




A, A, the antae ; B, B, the celtn, or va6t. 



Vitruvius gives the following rules for a temple 
in antis of the Doric order : — The breadth should 
be half the length ; five-eighths of the length should 
be occupied by the cella, including its front wall-, 
the remaining three-eighths by the promum or 
portico ; the antae should be of the same thickness 



as the columns ; in the intercolumniations there 
should be a marble balustrade, or some other kind 
of railing, with gates in it ; if the breadth of the 
portico exceeds forty feet, there should be another 
pair of columns behind those between the antae, 
and a little thinner than they ; besides other and 
minor details. (Vitruv. iv. 4.) 

In the pure Greek architecture, the antae have 
no other capitals than a succession of simple mould- 
ings, sometimes ornamented with leaves and ara- 
besques, and no bases, or very simple ones ; it is 
only in the later (Roman) style, that they have 
capitals and bases resembling those of the columns 
between them. The antae were generally of the 
same thickness throughout ; the only instance of 
their tapering is in one of the temples of Paestum. 

In a Greek private house the entrance was 
flanked by a pair of antae with no columns be- 
tween them ; and the space thus enclosed was itself 
called lrapaards. (Vitruv. vi. 10. s. 7. § 1. Schn.) 
So also Euripides uses the term to denote either 
the pronaos of a temple (Ip/i. in Tuur. 1126), or 
the vestibule of a palace (P/toen. 415). 

The following are the chief of the other passages 
in which antae or irapao-TcLSes are mentioned : — 
Eurip. Androm. 1 121, where irapaarahos xpeftaorii 
signifies the arms suspended from one of the antae 
of the temple ; Cratin. Dionys. Fr. 9, ap. Politic. 
fiL 122, x. 25, Meineke, Fr. Com. G'raec. vol. ii. 
p. 42 ; Xen. Hier. xi. 2: Hero, Autom. p. 269 ; 
Inscripi. ap. Gruter. p. 207. See also Stieglitz, 
Archdologie der Baukunst, voL i. pp. 236 — 242. 
[Templi-m.] [P. S.] 

ANTEAMBULO'NES, were slaves who were 
accustomed to go before their masters, in order to 
make way for them through the crowd. (Suet 
Vesp. 2.) They usually called out date locum 
domino meo ; and if this were not sufficient to 
clear the way, they used their hands and elbows 
for that purpose. Pliny relates an amusing tale of 
an individual who was roughly handled by a 
Roman knight, because his slave had presumed to 
touch the latter, in order to make way for his 
master. (Ep. iii. 14.) The term anteambulones 
was also given to the clients, who were accustomed 
to walk before their patroni when the latter ap- 
peared in public. (Martial, ii. 18, iii. 7, x. 74.) 

ANTECESSO'RES, called also ANTECUR- 
SO'RES, were horse-soldiers, who were accustomed 
to precede an army on the march, in order to choose 
a suitable place for the camp, and to make the 
necessary provisions for the army. They were not 
merely scouts, like the speculators. (Ilirt. Dell. 
Afr. 12, who speaks of speculators et antecessores 
ei/uites ; Suet Vitell. 17; Cacs. D. G. v. 47-) 
This name was also given to the teachers of the 
Roman law. (Cod. 1. tit. 17. s. 2. § 9. 11.) 
ANTECOENA. [Coena.] 
ANTEFIXA, terra-cottas, which exhibited va- 
rious ornamental designs, and were used in archi- 
tecture, to cover the frieze (zophorus) or cornice 
of the entablature. (Festus, s. v.) These terra- 
cottas do not appear to have been used among the 
(ireeks, but were probably Etrurian in their origin, 
and were thence taken for the decoration of Roman 
buildings. 

The name antefira is evidently derived from the 
circumstance that they were fixttl brforc the 
buildings which they adorned ; nnd in many in- 
stances they have been found fastened to the 
frieze with leaden nails. They were formed in 
ll 



98 



ANTEFIXA. 



moulds, and then baked by fire ; so that the num- 
ber of them might be increased to any extent. 
Of the great variety and exquisite beauty of the 
workmanship, the reader may best form an idea by 
inspecting the collection of them in the British 
Museum. 

The two imperfect antefixa, here represented, 
are among those found at Velletri, and described 
by Carloni. {Roma, 1785.) 





The first of them must have formed part of the 
upper border of the frieze, or rather of the cornice. 
It contains a panther's head, designed to serve as a 
spout for the rain-water to pass through in de- 
scending from the roof. Similar antefixa, but with 
comic masks instead of animals' heads, adorned 
the temple of Isis at Pompeii. The second of the 
above specimens represents two men who have a 
dispute, and who come before the sceptre-bearing 
kings, or judges, to have their cause decided. The 
style of this bas-relief indicates its high antiquity, 
and, at the same time, proves that the Volsci had 
attained to considerable taste in their architecture. 
Their antefixa are remarkable for being painted : 
the ground of that here represented is blue ; the 
hair of the six men is black, or brown ; their flesh 
red ; their garments white, yellow, and red : the 
chairs are white. The two holes may be observed, 
by which this slab was fixed upon the building. 

Cato the Censor complained that the Romans of 
his time began to despise ornaments of this de- 
scription, and to prefer the marble friezes of 
Athens and Corinth. (Liv. xxxiv. 4.) The rising 
taste which Cato deplored may account for the su- 




ANTIDOSIS. 
perior beauty of the antefixa preserved in the Bri- 
tish Museum, which were discovered at Rome. A 
specimen of them is given at the foot of the pre- 
ceding column It represents Athena superintend- 
ing the construction of the ship Argo. The man 
with the hammer and chisel is Argus, who built the 
vessel under her direction. The pilot Tiphys is 
assisted by her in attaching the sail to the yard. 
Another specimen of the antefixa is given under 
the article Antyx. 

ANTENNA. [Navis.] 

ANTEPAGMENTA, doorposts, the jambs of 
a door. Vitruvius (iv. 6.) gives minute instruc- 
tions respecting the form and proportions of the 
antepagmenta in the doors of temples ; and these 
are found in general to correspond with the ex- 
amples preserved among the remains of Grecian 
architecture. (See Hirt, Baukunst nach den Grund- 
s'dtzen der Alten, xvi.) [Janua.] [J. Y.] 

ANTEPILA'NI. [Exercitus.] 

ANTESIGNA'NI. [Exercitus.] 

ANTESTA'RI. [Actio.] 

ANTHESPHO'RIA (aveeo-4>6pia), a flower- 
festival, principally celebrated in Sicily, in honour 
of Demeter and Persephone, in commemoration of 
the return of Persephone to her mother in the be- 
ginning of spring. It consisted in gathering flowers 
and twining garlands, because Persephone had 
been carried off by Pluto while engaged in this 
occupation. (Pollux, i. 37.) Strabo (vi. p. 256) 
relates that at Hipponium the women celebrated a 
similar festival in honour of Demeter, which was 
probably called anthesphoria, since it was derived 
from Sicily. The women themselves gathered the 
flowers for the garlands which they wore on the 
occasion, and it would have been a disgrace to buy 
the flowers for that purpose. Anthesphoria were 
also solemnized in honour of other deities, especi- 
ally in honour of Hera, surnamed 'AvBela, at Argos 
(Paus. ii. 22. § 1), where maidens, carrying baskets 
filled with flowers, went in procession, whilst a tune 
called hpamov was played on the flute. (Comp. 
Etym. Gud. p. 57.) Aphrodite, too, was wor- 
shipped at Cnossus, under the name 'AvBela 
(Hesych. s. v.), and has therefore been compared 
with Flora, the Roman deity, as the anthesphoria 
have been with the Roman festival of the Flori- 
fertum, or Floralia. [L. S.] 

ANTHESTE'RIA. [Dionysia.] 

ANTI'DOSIS (a.vTl8o<ris), in its literal and 
general meaning, " an exchange," was, in the 
language of the Attic courts, peculiarly applied to 
proceedings under a law which is said to have ori- 
ginated with Solon. (Demosth. c. Phaenipp. init.) 
By this, a citizen nominated to perform a leiturgia, 
such a3 a trierarchy or choregia, or to rank among 
the property-tax payers in a class disproportioned 
to his means, was empowered to call upon any 
qualified person not so charged to take the office 
in his stead, or submit to a complete exchange of 
property — the charge in question, of course, at- 
taching to the first part} r , if the exchange were 
finally effected. For these proceedings the courts 
were opened at a stated time every year by the 
magistrates that had official cognizance of the 
particular subject ; such as the strategi in cases of 
trierarchy and rating to the property-taxes, and 
the archon in those of choregia ; and to the tri- 
bunal of such an officer, it was the first step of the 
challenger to summon his opponent. (Dem. c. 
Phaenipp. p. 1040 ; Meier, A tt. Process, p. 471 ; 



ANTIGOXEIA. 



AXTIGRAPHE. 



90 



irpoaKaXtiaOa'i riva els avTiSociv, Lysias "tirip 
tov 'ASvvdrov, p. 745.) It may be presumed 
that he then formally repeated his proposal, and 
that the other party stated his objections, which, 
if obviously sufficient in law, might, perhaps, 
authorise the magistrate to dismiss the case ; if 
otherwise, the legal resistance, and preparations 
for bringing the cause before the dicasts, would 
naturally begin here. In the latter case, or if the 
exchange were accepted, the law directed the 
challenger to repair to the houses and lands of his 
antagonist, and secure himself, as all the claims and 
liabilities of the estate were to be transferred, from 
fraudulent encumbrances of the real property, by 
observing what mortgage placards (opoi ), if any, 
were fixed upon it, and against clandestine removal 
of the other effects, by sealing up the chambers that 
contained them, and, if he pleased, by putting 
bailiffs in the mansion. (Dem. c. Phaenipp. 
pp. 1040, 1041.) His opponent was, at the same 
time, informed, that he was at liberty to deal in 
like manner with the estate of the challenger, 
and received notice to attend the proper tribunal 
on a fixed day, to take the usual oath. The 
entries here described seem, in contemplation of 
law, to have been a complete effectuation of the 
exchange. (Dem. c. Mid. p. 540, c. Phaenipp. 
p. 1041. 2.5), and it does not appear that primarily 
there was any legal necessity for a further ratifi- 
cation by the dicasts ; but, in practice, this must 
always have been required by the conflict of 
interests between the parties. The next pro- 
ceeding was the oath, which was taken by both 
parties, and purported that they would faithfully 
discover all their property, except shares held in 
the silver mines at Laurion ; for these were not 
rated to leiturgia? or property-taxes, nor conse- 
quently liable to the exchange. In pursuance of 
this agreement, the law enjoined that they should 
exchange correct accounts of their respective assets 
(airotpdurtis) within three days ; but in practice 
the time might be extended by the consent of the 
challenger. After this, if the matter were still 
uncompromiscd, it would assume the shape and 
follow the course of an ordinary lawsuit [Dice'], 
under the conduct of the magistrate within whose 
jurisdiction it had originally come. The verdict of 
the dicasts, when adverse to the challenged, seems 
merely to have rendered imperative the first de- 
mand of his antagonist, viz. that he should submit 
to the exchange or undertake the charge in ques- 
tion ; and as the alternative was open to the former, 
and a compromise might be acceded to by the lat- 
ter, at any stage of the proceedings, we may infer 
that the exchange was rarely, if ever, finally ac- 
complished. The irksomencss, however, of the se- 
questration, during which the litigant was pre- 
cluded from the use of his own property, and dis- 
abled from bringing actions for embezzlement and 
the like against others (for his prospective reim- 
bursement was reckoned a part of the seques- 
trated estate, Dem. e. Aphob. ii. p. 841, c. Mid. 
p. 540), would invariably cause a speedy, perhaps, 
in most cases, a fair adjustment of the burdens 
incident to the condition of a wealthy Athenian. 
(Biickh, PuU. Econ. of At/ieru, pp. 580—583, 
2nded.) [J.S. M.] 

ANTIGONEIA (airryoVfia), sacrifices insti- 
tuted by Aratus and celebrated at Sicyon with 
paeans, processions, and contests, in honour of 
Antigonus Doson, with whom Aratus formed an 



alliance for the purpose of thwarting the plans of 
Cleomenes. (Plut. Cleom. 16, Aral., 45 ; Polyb. 
xxviii. 16, xxx. 20.) [L. S.] 

AXTIGRAPHE' (amiypa(p^), originally sig- 
nified the writing" put in by the defendant, in all 
causes, whether public or private, in answer to the 
indictment or bill of the prosecutor. From this 
signification, it was applied by an easy transition 
to the substance as well as the form of the reply, 
both of which are also indicated by avrwfiocria, 
which means, primarily, the oath corroborating the 
statement of the accused. Harpocration has re- 
marked that antiyruphe might denote, as antomosia 
does in its more extended application, the bill and 
affidavit of either party ; and this remark seems 
to be justified by a passage of Plato. (Apolog. 
Soc. p. 27. c.) Schumann, however, maintains 
(Att. Process, p. 465) that antiyrup/ie was only 
used in this signification in the case of persons 
who laid claim to an unassigned inheritance. 
Here, neither the first nor any other claimant 
could appear in the character of a prosecutor ; 
that is, no Surq or (yKKri/ia could be strictly said 
to be directed by one competitor against another, 
when all came forward voluntarily to the tribunal 
to defend their several titles. This circumstance 
Schbmann has suggested as a reason why the 
documents of each claimant were denoted by the 
term in question. 

Perhaps the word " plea," though by no means 
a coincident term, may be allowed to be a tolerably 
proximate rendering of antigraphy Of pleas there 
can be only two kinds, the dilatory, and those to 
the action. The former, in Attic law, comprehends 
all such allegations as, by asserting the incom- 
petency of the court, the disability of the plaintiff, 
or privilege of the defendant, and the like, would 
have a tendency to show that the cause in its 
present state could not be brought into court (/ir) 
tiaaywyiyjov (hat rrjv tlxifli) ; the latter, every- 
thing that could be adduced by way of denial, ex- 
cuse, justification, and defence generally. It must 
be, at the same time, kept in mind, that the process 
called '"special pleading," was at Athens supplied 
by the magistrate holding the anacrisis, at which 
both parties produced their allegations, with the 
evidence to substantiate them ; and that the 
object of this part of the proceedings was, under 
the directions, and with the assistance of the 
magistrate, to prepare and enucleate the question 
for the dicasts. The following is an instance of 
the simplest form of indictment and plea : — 
" Apollodorus, the son of Pasion of Achaniae, 
ayain.it Sti-phaiiu-i, son of Menecles of Acliarnac, 
for perjury. The penalty rated, a talent Stc- 
phanus bore false witness against me, when he 
gave in evidence the matters in the tablets. Ste- 
phanus, son of Menecles of Achaniae. I witnessed 
truly, when I gave in evidence the things in tho 
tablet" (Dem. in Steph. L p. 11 15.) The plead- 
ings might be altered during the anacrisis ; but 
once consigned to the echinus, they, as well ag 
all the other accompanying document*, were pro- 
tected by the official seal from any change by the 
litigants. On the day of trial, and in the presence 
of the dicasts, the echinus was opened, and the 
plea was then nail by tin' di rk of the court, toge- 
ther with its antagonist hill. Whether it was 
preserved afterwards as a public record, which wo 
know to have been the case with respect to tho 
ypatpil in some causes, we arc not informed. 

n a 



ANTLIA- 

a trough, from which it is conveyed to a distance, 
and chiefly used for irrigation. 

Lucretius (v. 517) mentions a machine con- 
tracted on this principle : — " Ut fluvios versare 
rotas atque haustra videmus." 



iOO ANTLIA. 

From what has been already stated, it will 
have been observed, that questions requiring a pre- 
vious decision, would frequently arise upon the al- 
legations of the plea ; and that the plea to the ac- 
tion in particular would often contain matter that 
would tend essentially to alter, and, in some cases, 
to reverse the relative positions of the parties. In 
the first case, a trial before the dicasts would be 
granted by the magistrate whenever he was loth 
to incur the responsibility of decision ; in the se- 
cond, a cross-action might be instituted, and car- 
ried on separately, though, perhaps, simultaneously 
with the original suit. Cases would also some- 
times occur in which the defendant, from consider- 
ing the indictment as an unwarrantable aggres- 
sion, or, perhaps, one best repelled by attack, would 
be tempted to retaliate upon some delinquency of 
his opponent, utterly unconnected with the cause 
in hand, and to this he would be, in most cases, 
able to resort. An instance of each kind will be 
briefly given, by citing the common paragraphe, as 
a cause arising upon a dilatory plea ; a cross-action 
for assault (ainias) upon a primary action for the 
same (Dem. in Ev. et Mnesib. p. 1153) ; and a 
SoKt/j.acr'ia, or "judicial examination of the life or 
morals " of an orator upon an impeachment for 
misconduct in an embassy (TrapaTrpea§eia). (Aesch. 
in Timarch.) All causes of this secondary nature 
(and there was hardly one of any kind cognisable 
by the Attic courts, that might not occasionally 
rank among them) were, when viewed in their 
relation with the primary action, comprehended 
by the enlarged signification of antigraphe, or, in 
other words, this term, inexpressive of form or 
substance, is indicative of a repellent or retaliative 
quality, that might be incidental to a great variety 
of causes. The distinction, however, that is im- 
plied by antigraphe, was not merely verbal and 
unsubstantial ; for we are told, in order to prevent 
frivolous suits on the one hand, and unfair elusion 
upon the other, the loser in a, paragraphe, or cross- 
action upon a private suit, was condemned by a 
special law to pay the eVcogeA-ia, rateable upon the 
valuation of the main cause, if he failed to obtain 
the votes of one-fifth of the jury, and certain 
court fees (irpvrave'ia) not originally incident to 
the suit. That there was a similar provision in 
public causes, we may presume from analogy, 
though we have no authority to determine the 
matter. (Meier, Att. Process, p. 625.) [J.S. M.] 
ANTIGRAPHEIS (avnypaQels). [Gram- 

MATEUS.] 

ANTINOEIA (avTLv6eta), annual festivals and 
quinquennial games, which the Roman emperor 
Hadrian instituted in honour of his favourite, 
Antinous, after he was drowned in the Nile, or, 
according to others, had sacrificed himself for his 
sovereign, in a fit of religious fanaticism. The 
festivals were celebrated in Bithynia, and at Man- 
tineia, in which places he was worshipped as a 
god. (Spartian. Hadrian, c. 14 ; Dion Cass, 
bdx. 10 ; Paus. viii. 9. § 4.) [L. S.] 

ANTIPHERNA (&vrl<pepva). [Dos.] 

ANTIQUA'RII. [Librarii.] 

A'NTLIA (avrXia), any machine for raising 
water ; a pump. The annexed figure shows a 
machine which is still used on the river Eissach 
in the Tyrol, the ancient Atagis. As the current 
puts the wheel in motion, the jars on its margin 
are successively immersed and filled with water. 
When they reach the top, the water is sent into 




In situations where the water was at rest, as in 
a pond or a well, or where the current was too 
slow and feeble to put the machine in motion, it 
was constructed so as to be wrought by animal 
force, and slaves or criminals were commonly em- 
ployed for the purpose ((is avrhiav KaraBiKa- 
adrivat, Artemid. Oneiroc. i. 50 ; in antliam eon- 
demnare, Suet. Tib. 51.) Five such machines are 
described by Vitruvius, in addition to that which has 
been already explained, and which, as he observes, 
was turned sine operarum calcatura, ipsius fluminis 
impulsu. These five were, 1. the tympanum ; a 
tread-wheel, wrought hominihus calcantibus : 2. a 
wheel resembling that in the preceding figure ; but 
having, instead of pots, wooden boxes or buckets 
(modioli quadrati), so arranged as to form steps for 
those who trod the wheel : 3. the chain-pump : 
4. the cochlea, or Archimedes' screw : and 5. the 
ctesibica machina, or forcing-pump. (Vitruv. x. 
4 — 7; Drieberg, Pneum. Erfindungen der Grieclien, 
p. 44—50.) 

On the other hand, the antlia with which Mar- 
tial (ix. 19) watered his garden, was probably the 
pole and bucket universally employed in Italy, 
Greece, and Egypt. The pole is curved, as shown 
in the annexed figure ; because it is the stem of a 




APATURIA. 



APATURIA. 



101 



fir, or some other tapering tree. The bucket, being 
attached to the top of the tree, bends it by its 
weight ; and the thickness of the other extremity 
serves as a counterpoise. The great antiquity of 
this method of raising water is proved by repre- 
sentations of it in Egyptian paintings. (Wilkin- 
son, Manners and Cm/, of Anc. Egfflt, ii. 1 — 4 ; 
see also Pitt. d'Ercolano, vol. i. p. 257.) [J. Y.] 

ANTOMO'SIA (avrwfjuHT'ia). [Anakrisis, 
p. 92, a ; Paragraphs.] 

ANTYX (ovtuJ, probably allied etymologically 
to ojiiru|), the rim or border of any thing, espe- 
cially of a shield, or chariot The rim of the large 
round shield of the ancient Greeks was thinner 
than the part which it enclosed. Thus the orna- 
mental border of the shield of Achilles, fabricated 
by Hephaestus, was only threefold, the shield itself 
being sevenfold. (//. xviii. 479 ; comp. xx. 275.) 
See examples of the antyx of a shield in woodcuts 

to A.NTKFIXA, Ar.MA, CLIPEUS. 

On the other hand, the antyx of a chariot must 
have been thicker than the body to which it was 
attached, and to which it gave both form and 
strength. For the same reason, it was often made 
double, as in the chariot of Hera. (Aoiol Si irtpi- 
Spofiot bmvyts €i<ri, 11. v. 728.) It rose in front 
of a chariot in a curved form, on which the reins 
might be hung. {11. v. 262, 322.) A simple form 
of it is exhibited in the annexed woodcut from the 




work of Carloni. Sometimes antyx is used to 
signify the chariot itself. [J. Y.] 

APA'GELI (iirdy(\ot). [Agbla.] 
APAGO GK ( airayioyh). [Endeixis.] 
APATIJ'RIA ( ijroToilpia), was a political festi- 
val, which the Athenians had in common wiih all 
the Greeks of the Ionian name (Herod, i. 147), 
with the exception of those of Colophon and 
Ephesus. It was celebrated in the month of 
Pyanepsion, and lasted for three days. The ori- 
gin of this festival is related in the following man- 
ner: — About the year 1100 a c, the Athenians 
were carrying on a war against the liueotians, con- 
cerning the district of Cilaenae, or, according to 
others, respecting the little town of Ocnoc. 
The Hoeotian Xanthius, or Xanthus, challenged 
Thymoetcs, king of Attica, to single combat ; 
and when he refused, Melanthtu, a Messenian 
exile of the house of the Nelids, offered himself 
to fight for Thymoetcs, on condition that, if vic- 
torious, he should be the successor to Thyinoctes. 
The offer was accepted ; and when Xanthius and 
M elan thm began the engagement, there appeared 
behind Xnntbius a man in the rpayv, the skin of a 
black she-gnat. Melanthoa reminded hi* ari ternary 
that he was violating the laws of single combat by 



having a companion, and while Xanthius looked 
around, Mclanthus slew the deceived Xanthius. 
From that time, the Athenians celebrated two fes- 
tivals, the Apaturia, and that of Dionysus Melan- 
aegis, who was believed to have been the man 
who appeared behind Xanthius. This is the story 
related by the Scholiast on Aristophanes. (Ac/tarn. 
146.) This tradition has given rise to a false ety- 
mology of the name 07raToi)pia, which was formerly 
considered to be derived from airarav, to deceive. 
All modern critics, however (Mulicr, Dorians, i. 
5. 4 ; Welcker, Aeschyl. Tril. p. 288), agree that the 
name is composed of = 0/10, and 7roT0pia, which is 
perfectly consistent with what Xcnophon (llellen. 
i. 7. § 8) says of the festival : 'El/ ols (aTrarovp'tOis) 
ol T6 iroTe'pes koI oi avyyevtls ^vveicri aty'itriv 
airroh. According to this derivation, it is the 
festival at which the phratriae met, to discuss and 
settle their own affairs. But, as every citizen was 
a member of a phratria, the festival extended 
over the whole nation, who assembled according to 
)i/iratriae. Welcker (An/iang z. Trilog. p. 200), 
on account of the prominent part which Dionysus 
takes in the legend respecting the origin of the 
Attic Apaturia, conceives that it arose from the 
circumstance that families belonging to the Dio- 
Dyaian tribe of the Acgicores had been registered 
among the citizens. 

The first day of the festival, which probably fell 
on the eleventh of the month of Pyanepsion, was 
called Sopiria, or 5<Sp7reia ( Athcn. iv. p. 17 1 ; Ilesych. 
and Suid. s. v.) ; on which every citizen went in 
the evening to the phratrium, or to the house of 
some wealthy member of his own phratria, and 
there enjoyed the supper prepared for him. (Aris- 
toph. Achurn. 146.) That the cup-bearers (oiv6- 
n-rai) were not idle on this occasion, may be seen 
from Photius ( Lexic. s. v. Aopiria). 

The second day was called avap^Wis (avap- 
j>iav) from the sacrifice offered on this day to 
Zeus, surnamcd "ppdrpios, and to Athena, and 
sometimes to Dionysus Melanacgis. This was a 
state sacrifice, in which all citizens took part. The 
day was chiefly devoted to the gods, and to it 
must, perhaps, be confined what fiaipocration (s. 
r. Aaju7ros) mentions, from the Atthlfl of Istrus, 
that the Athenians at the apaturia used to dress 
splendidly, kindle torches on the altar of Hephae- 
stus, and sacrifice and sing in honour of him. 
Proclus on Plato (Tun. p. 21. ».), in opposition to 
all other authorities, calls the first day of the Apa- 
turia avdfitivirts, and the second Sop7ri'o, which is, 
perhaps, nothing more than a slip of his pen. 

On the third day, called Kovptums (wot/pos), 
children born in that year, in the families of the 
phratriae, or such as were not yet registered, were 
taken by their fathers, or in their absence by their 
representatives ((ttSpioi), before the assembled 
members of the phratria. For every child a 
sheep or goat was sacrificed. The victim was 
called nfiuvy and he who sacrificed it uttayoryds 
(utiayuytiv). It is Raid that the victim was not 
allowed to be bdow (Harpocrat Suid. Phot. 1. v. 
Wluov), or, according to Pollux (iii. 52), ahove, a 
Certain weight Whenever any one thought he 
had reason to oppose the reception of the child 
into the phratria, be slated the ca»e, and, at the 
same time, led away the victim from the altar. 
(Demoeth. s, MacarL p. 1064.) If the man- 
lier* of the phnitrin found the objection* to the 
reception of the child to lie sufficient, the v je- 
ll 3 



102 



APEX. 



APHRODISIA. 



tim was removed ; when no objections were 
raised, the father, or he who supplied his place, 
was obliged to establish by oath that the child was 
the offspring of free-born parents, and citizens of 
Athens. (Isaeus, De Haered. Ciron. p. 100. §19 ; 
Demosth. c. Eubul. p. 1315.) After the victim 
was sacrificed, the phratores gave their votes, 
which they took from the altar of Jupiter Phra- 
trius. When the majority voted against the re- 
ception, the cause might be tried before one of the 
courts of Athens ; and if the claims of the child 
were found unobjectionable, its name, as well as 
that of the father, was entered in the register of 
the phratria, and those who had wished to effect 
the exclusion of the child were liable to be punished. 
(Demosth. c. Macart. p. 1078.) Then followed 
the distribution of wine, and of the victim, of 
which every phrator received his share ; and poems 
were recited by the elder boys, and a prize was 
given to him who acquitted himself the best on the 
occasion. (Plat. Tim. p. 21, b.) On this day, also, 
illegitimate children on whom the privileges of 
Athenian citizens were to be bestowed, as well as 
children adopted by citizens, and newly created 
citizens were introduced ; but the last, it appears, 
could only be received into a phratria when they 
had previously been adopted by a citizen ; and 
their children, when born by a mother who was 
a citizen, had a legitimate claim to be inscribed in 
the phratria of their grandfather, on their mother's 
side. (Platner, Beitr'dge, p. 168.) In later times, 
however, the difficulties of being admitted into a 
phratria seem to have been greatly diminished. 

Some writers have added a fourth day to this 
festival, under the name of e-rrtSSa (Hesych. s. v. 
' Kirarovpia ; and Simplicius on Aristot. Phys. iv. 
p. 167. a.); but this is no particular day of the 
festival, for siriSSa signifies nothing else but a day 
subsequent to any festival. (See Rhunken, Ad 
Tim. Lex. Plat. p. 119.) [L. S.] 

APAU'LIA. [Matrimonium.] 

APELEU'THERI (aTreAeuSepoi). [Liberti.] 

APERTA NAVIS. [Navis.] 

APEX, a cap worn by the flamines and salii at 
Rome. The essential part of the apex, to which 
alone the name properly belonged, was a pointed 
piece of olive-wood, the base of which was sur- 
rounded with a lock of wool. This was worn on 
the top of the head, and was held there either by 
fillets only, or, as was more commonly the case, 
by the aid of a cap, which fitted the head, and 
was also fastened by means of two strings or bands, 
which were called apicula (Festus, s. v.), or of- 
fendices (Festus, s. v.), though the latter word is 
also interpreted to mean a kind of button, by 
which the strings were fastened under the chin. 
(Comp. Serv. ad Virg. Aen. ii. 683, viii. 664, x. 
270.) 

The flamines were forbidden by law to go into 
public, or even into the open air without the apex 
(Gell. x. 15), and hence we find the expression of 
alicui apicem diale.m imponere used as equivalent to 
the appointment of a flamen dialis. (Liv. vi. 41.) 
Sulpicius was dej rived of the priesthood, only be- 
cause the apex fell from his head whilst he was 
sacrificing. (Val. Max. i. 1. § 4.) 

Dionysius (ii. 70 ) describes the cap as being of 
a conical form. On ancient monuments we see it 
round as well as conical. From its various forms, 
as shown on bas-reliefs and on coins of the Roman 
emperors, who as priests were entitled to wear it, 



we have selected six for the annexed woodcut. The 
middle figure is from a bas-relief, showing one of 
the salii with a rod in his right hand. The 
Albogalerus, or albus galerus was a white cap worn 
by the flamen dialis, made of the skin of a white 
victim sacrificed to Jupiter, and had the apex 
fastened to it by means of an olive-twig. (Festus, 
s. v. albogalerus; Gell. x. 15.) 




From apex was formed the epithet apicatus, 
applied to the flamen dialis by Ovid (Fast. iii. 
197). 

APHLASTON {acpAaa-rov). [Navis.] 

APHORMES DIKE' (tyopfirjs Si'ktj), was the 
action brought against a banker or money-lender 
(rpaweQTTis), to recover funds advanced for the 
purpose of being employed as banking capital. 
Though such moneys were also styled uapaKaraQii-. 
Kai, or deposits, to distinguish them from the pri- 
vate capital of the banker (iSla cupop/xTj), there is 
an essential difference between the actions acpopfirjs 
and napaKaTad^KTis, as the latter implied that the 
defendant had refused to return a deposit intrusted 
to him, not upon the condition of his paying a 
stated interest for its use, as in the former case, 
but merely that it might be safe in his keeping 
till the affairs of the plaintiff should enable him to 
resume its possession in security. [Paracata- 
thece'.] The former action was of the class irpds 
Tiva, and came under the jurisdiction of the thesmo- 
thetae. The speech of Demosthenes in behalf "of 
Phormio was made in a irapaypatyij against an 
action of this kind. [J. S. M.] 

APHRACTUS. [Navis.] 

APHRODI'SIA {'A<ppo8i<ria), festivals cele- 
brated in honour of Aphrodite, in a great number 
of towns in Greece, but particularly in the island 
of Cyprus. Her most ancient temple was at Paphos, 
which was built by Aerias or Cinyras, in whose 
family the priestly dignity was hereditary. (Tacit. 
Hist. ii. 3, Annal. iii. 62 ; Maxim. Tyr. Serm. 83.) 
No bloody sacrifices were allowed to be offered to 
her, but only pure fire, flowers, and incense (Virg. 
Aen. i. 1 1 6) ; and therefore, when Tacitus {Hist. 
ii. 3) speaks of victims, we must either suppose, 
with Ernesti, that they were killed merely that the 
priest might inspect their intestines, or for the pur- 
pose of affording a feast to the persons present at 
the festival. At all events, however, the altar of 
the goddess was not allowed to be polluted with 
the blood of the victims, which were mostly he- 
goats. Mysteries were also celebrated at Paphos 
in honour of Aphrodite ; and those who were ini- 



APOGRAPHE. 



APOKERUXIS. 



103 



tiated offered to the goddess a piece of money, and 
received in return a measure of salt and a phallus. 
In the mysteries themselves, they received instruc- 
tions eV T7? tc'xj<T7 ^oix"o?. A second or new 
Paphos had heen built, according to tradition, after 
the Trojan war, by the Arcadian Agapenor ; and, 
according to Strabo (xiv. p. 683), men and women 
from other towns of the island assembled at New 
Paphos, and went in solemn procession to Old 
Paphos, a distance of sixty stadia ; and the name 
of the priest of Aphrodite, ayijTaip (Hesych. s. r.), 
seems to have originated in his heading this pro- 
cession. Aphrodite was worshipped in most towns 
of Cyprus, and in other parts of Greece, such as 
Cythera, Sparta, Thebes, Elis, 6cc. ; and though 
no Aphrodisia are mentioned in these places, we 
have no reason to doubt their existence ; we find 
them expressly mentioned at Corinth and Athens, 
where they were chiefly celebrated by the numerous 
prostitutes. (Athen. xiii. pp. 574, 579, xiv. p. 659.) 
Another great festival of Aphrodite and Adonis in 
Sestus is mentioned by Musaeus. (Hero and 
Leand. 42.) [L. S.] 

APLL'STRE. [Navis.] 

APOCLE'TI (aira;<A.7jToi'). [Aetolictm Foe- 
dvs, p. 27. b.]. 

APODECTAE (curoSeVroi), the Receivers, were 
public officers at Athens, who were introduced by 
Cleisthenes in the place of the ancient eolacretae 
(Ko>\aKperat). They were ten in number, one for 
each tribe, and their duty was to receive all the 
ordinary taxes and distribute them to the separate 
branches of the administration, which were enti- 
tled to them. They accordingly kept lists of 
persons indebted to the state, made entries of all 
moneys that were paid in, and erased the names of 
the debtors from the lists. They had the power 
to decide causes connected with the subjects under 
their management ; though if the matters in dis- 
pute were of importance, they were obliged to 
bring them for decision into the ordinary courts. 
(Pollux, viii. 97; Etymolog. Mag. Harpocrat Suid. 
Hesych. >. v. ; Aristot. Pol. vi. 8 ; Dem. c. Timocr. 
pp. 750,762 ; Aesch. c. Ctes. p. 375 ; Bbckh,/ J uW. 
Earn, of Alliens, p. 159, 2nd cd.) 

APOGRAPHE' (airoypatpii), is literally "a 
list, or register but in the language of the Attic 
courts, the terms iiroypoupav and airoypd(p(a8ai 
had three separate applications: — 1. 'Airoypcupii 
was used in reference to an accusation in public 
matters, more particularly when there were several 
defendants ; the denunciation, the bill of indict- 
ment, and enumeration of the accused, would in 
this case be termed apor/rap/ie, and differ but little, 
if at all, from the ordinary grap/ie. (Andoc. dc 
A/yft. 13 ; Antiph. de Chor'eut. 783.) 2. It im- 
plied the making of a solemn protest or assertion 
before a magistrate, to the intent that it might be 
preserved by him, till it was required to be given 
in evidence. (Dem. in I'hnrn. 1040.) 3. It was 
a specification of property, paid to belong to the 
state, but actually in the possession of a private 
person ; which specification was made, with a view 
to the confiscation of such property to the state. 
(Lys. dc Arintoph. Honin.) 

The last case only requires a more extended 
illustration. There would be two occasions upon 
which it would occur ; first, when a person held 
public property without purchase, as an intruder ; 
and secondly, when the substance of an individual 
was liable to confiscation in consequence of a judi- 



cial award, as in the case of a declared state 
debtor. If no opposition were offered, the apo- 
graphe would attain its object, under the care of 
the magistrate to whose office it was brought ; 
otherwise, a public action arose, which is also de- 
signated by the same title. 

In a cause of the first kind, which is said 
in some cases to have also borne the name Tr60tv 
Ta xPV taTa K <d iroVa toCto rfjj, the claimant 
against the state had merely to prove his title to 
the property ; and with this we must class the 
case of a person that impugned the apograplie, 
whereby the substance of another was, or was pro- 
posed to be, confiscated, on the ground that he had 
a loan by way of mortgage or other recognised 
security upon a portion of it ; or that the part in 
question did not in any way belong to the state 
debtor, or person so mulcted. This kind of oppo- 
sition to the apograplie is illustrated in the speech 
of Demosthenes against Nicostratus, in which we 
learn that Apollodorus had instituted an apographs 
against Arethusius, for non-payment of a penalty 
incurred in a former action. Upon this, Nico- 
stratus attacks the description of the property, and 
maintains that three slaves were wrongly set down 
in it as belonging to Arethusius, for they were in 
fact his own. 

In the second case, the defence could of course 
only proceed upon the alleged illegality of the former 
penalty ; and of this we have an instance in the 
speech of Lysias, for the soldier. There Polyacnus 
had been condemned by the generals to pay a fine 
for a breach of discipline ; and, as he did not pay 
it within the appointed time, an apograph^ to the 
amount of the fine was directed against him, 
which he opposes, on the ground that the fine was 
illegal. The apograplie might be instituted by an 
Athenian citizen ; but if there were no private 
prosecutor, it became the duty of the demarchi to 
proceed with it officially. Sometimes, however, 
extraordinary commissioners, as the avAKoyeis and 
fTjTTjTa/, were appointed for the purpose. The 
suits instituted against the apograplie belonged to 
the jurisdiction of the Eleven, and for a while to 
that of the Syndici. (ilpos to7j ffmUltots diro- 
ypcupas airoyp&(pti>v, Lycurg. quoted by llarpo- 
cration.) The further conduct of these causes 
would, of course, in a great measure depend upon 
the claimant being, or not being, in possession 
of the proscribed property. In the first case the 
diroyptupuv, in the second the claimant, would 
appear in the character of a plaintiff. In a case 
like that of Nicostratus above cited, the claimant 
would be obliged to deposit a certain sum, which 
he forfeited if he lost his cause (TrapaKaraGoAii) ; 
in all, he would probably be obliged to pay the 
costs or court fees (irpirrai'tia) upon the same con- 
tingency. 

A private citizen, who prosecuted an indivi- 
dual by means of anoypcupi), forfeited a thousand 
drachmae, if he failed to obtain the votes of one- 
fifth of the dirasts, and reimbursed the defendant 
his prytancia upon acquittal. In the former case, 
too, he would probably incur a mndifi<d atimia, 
i. e. a restriction from bringing bucIi actions for 
the future. [J. S. M.] 

APOKERUXIS (<W4p u tii), implies the 
method by which a father could at Athens dissolve 
the legal connection between himself and his sun ; 
but as it is not mentioned by any of the orators 
(.r the older writers, it could rarelv have taken 
H 4 



104 



APOPHORA. 



APOSTOLEIS. 



place. According to the author of the declama- 
tion on the subject ('AvoK^pvTrdfuvos), which has 
generally been attributed to Lucian, substantial 
reasons were required to insure the ratification of 
such extraordinary severity. Those suggested in 
the treatise referred to are, deficiency in filial 
attention, riotous living, and profligacy generally. 
A subsequent act of pardon might annul this 
solemn rejection ; but if it were not so avoided, 
the son was denied by his father while alive, and 
disinherited afterwards. It does not, however, 
appear that his privileges as to his tribe or the 
state underwent any alteration. The court of the 
archon must have been that in which causes of 
this kind were brought forward, and the rejection 
would be completed and declared by the voice of 
the herald (avoK^pv^ai). It is probable that an 
adoptive father also might resort to this remedy 
against the ingratitude of a son. (Meier, Att. 
Process, p. 432, &c.) [J. S. M.] 

APOLEIPSIS (anSXei^is). [Divortium.] 
APOLLINA'RES LUDI. [Ludi.] 
APOLLO'NIA ('AiroWuvia) is the name of a 
propitiatory festival solemnized at Sicyon, in honour 
of Apollo and Artemis, of which Pausanias (ii. 7. 
§ 7) gives the following account : — Apollo and 
Artemis, after the destruction of the Python, had 
wished to be purified at Sicyon (Aegialed) ; but 
being driven away by a phantom (whence in after- 
times a certain spot in the town was called $6§os), 
they proceeded to Carmanos in Crete. Upon this 
the inhabitants of Sicyon were attacked by a pesti- 
lence, and the seers ordered them to appease the 
deities. Seven boys and the same number of girls 
were ordered to go to the river Sythas, and bathe 
in its waters ; then to carry the statues of the two 
deities into the temple of Peitho, and from thence 
back to that of Apollo. Similar rites, says Pausa- 
nias, still continue to be observed ; for at the fes- 
tival of Apollo, the boys go to the river Sythas, 
and carry the two deities into the temple of Peitho, 
and thence back to that of Apollo. 

Although festivals under the name of Apollonia, 
in honour of Apollo, are mentioned in no other 
place, still it is not improbable that they existed un- 
der the same name in other towns of Greece. [L. S.] 
APOPEMPSIS (a^it^is). [Divortium.] 
APOPHANSIS, or APOPHASIS (a-wScpav- 
<ris or uirocpacis), was the proclamation of the de- 
cision which the majority of the judges came to at 
the end of a trial, and was thus also used to signify 
the day on which the trial took place. (Dem. c. 
Euerget. p. 1153 ; Lex Rhetor, p. 210.) The word 
was also employed to indicate the account of a 
person's property, which was obliged to be given 
when an antidosis was demanded. [Antidosis.] 
APO'PHORA (airocpopd), which properly means 
" produce or profit " of any kind, was used at 
Athens to signify the profit which accrued to mas- 
ters from their slaves. It thus signified the sum 
which slaves paid to their masters when they la- 
boured on their own account, and the sum which 
masters received when they let out their slaves on 
hire either for the mines or any other kind of 
labour, and also the money which was paid by the 
state for the use of the slaves who served in the 
fleet. (Dem. c. Apltob. i. p. 819, c. Nicostr. p. 
1253 ; Andoc. De Myster. p. 19 ; Xen. Rep. Ath. 
i. 11 ; Bockh, Pull. Earn, of Athens, p. 72, 2nd ed.) 
The term apophora was also applied to the money 
which was paid by the allied states to Sparta, for 



the purpose of carrying on the war against the 
Persians. When Athens acquired the supremacy, 
these moneys were called <p6poi. (Bockh, Ibid. 
p. 396.) 

APOPHORE'TA (airo<p6piiTa), presents which 
were given to friends at the end of an entertain- 
ment, to take home with them. These presents 
were usually given on festival days, especially 
during the Saturnalia. Martial gives the title of 
Apopkoreta to the fourteenth book of his Epigrams, 
which contains a number of epigrams on the things 
usually given away as apopkoreta. (Suet. Vesp. 
19 ; Cal. 55 ; Octav. 75.) 

APOPHRADES HEMERAI (airotppdSes 
rj/xepai), unlucky or unfortunate days (dies nefasti), 
on which no public business, nor any important 
affairs of any kind, were transacted at Athens. 
Such were the last three days but one of every 
month, and the twenty-fifth day of the month 
Thargelion, on which the Plynteria were cele- 
brated. (Etym. Mag. p. 131 ; Plut. Alcib. 34 ; 
Lucian, Pseudolog. 13 ; Schb'mann, De Comitiis, 
p. 50.) 

APORRHE'TA (airoppnTa), literally "things 
forbidden," has two peculiar, but widely different, 
acceptations in the Attic dialect. In one of these 
it implies contraband goods, an enumeration of 
which at the different periods of Athenian history, 
is given by Bockh (Publ. Econ. of Athens, p. 53, 
2nd ed.) ; in the other, it denotes certain contu- 
melious epithets, from the application of which 
both the living and the dead were protected by 
special laws. (Meier, Att. Process, p. 482.) 
Among these, avSpity ovos, irarpaXoias, and /xrjTpa- 
Koias are certainly to be reckoned ; and other 
words, as pi\pacnris, though not forbidden nomi- 
natim by the law, seem to have been equally 
actionable. The penalty for using these words 
was a fine of 500 drachmae (Isoc. in Loch. p. 396), 
recoverable in an action for abusive language 
(Kaiaiyopias). It is surmised that this fine was in- 
curred by Meidias in two actions on the occasion 
mentioned by Demosthenes (in Mid. pp. 540, 543 ; 
see also Hudtwalcker,Dc Diaetet. p.150). [J.S.M.] 

APOSTA'SIOU DIKE' (dwoaraaloM SIkt,). 
This is the only private suit which came, as far as 
we know, under the exclusive jurisdiction of the 
polemarch. (Aristot. De Ath. Rep. quoted by 
Harpocrat.) It could be brought against none 
but a freedman (aivsAevdepos), and the only pro- 
secutor permitted to appear was the citizen to 
whom he had been indebted for his liberty, unless 
this privilege was transmitted to the sons of such 
former master. The tenor of the accusation was, 
that there had been a default in duty to the pro- 
secutor ; but what attentions might be claimed 
from the freedman, we are not informed. It is 
said, however, that the greatest delict of this kind 
was the selection of a patron (irpocrTd,T7)s) other 
than the former master. If convicted, the defend- 
ant was publicly sold ; but if acquitted, the un- 
prosperous connection ceased for ever, and the 
freedman was at liberty to select any citizen for 
his patron. The patron could also summarily 
punish the above-mentioned delinquencies of his 
freedman by private incarceration without any 
legal award. (Petit. Leg. Attic, p. 261.) [J. S.M.] 

APOSTOLEIS (a-nWToAeis), ten public officers 
at Athens, whose duty it was to see that the ships 
were properly equipped and provided by those' 
who were bound to discharge the trierarchy. 



APOTHEOSIS. 

They had the power, in certain cases, of imprison- 
ing the trierarchs who neglected to furnish the 
ships properly (Dem. pro Cor. p. 262) ; and they 
constituted a hoard, in conjunction with the in- 
spectors of the docks (oItuv vtwoiuiv eVi^eA.?)Tai), 
for the prosecution of all matters relating to the 
equipment of the ships. (Dem. c. Euerg. p. 1 147 ; 
Meier, Att. Process, p. 112 ; Bb'ckh, PM. Econ. 
of Athens, p. 543.) 

APOTHE'CA (ittoOriKTi), a place in the upper 
part of the house, in which the Romans frequently 
placed the earthen amphorae in which their wines 
were deposited. This place, which was quite 
different from the cella vinaria, was above the 
fumarium ; since it was thought that the passage 
of the smoke through the room tended greatly to 
increase the flavour of the wine. (Colum. L 6. 
§ 20 ; Hor. farm. iii. 8. 1 1, Sat. ii. 5. 7, and 
Hcindorf 's note.) The position of the apotheca 
explains the expression in Horace (Carm. iii. 21. 
7), Descende, testa. (Comp. Becker, Gallus, vol. ii. 
p. 169.) 

APOTHEO'SIS (o7ro0<Wis), the enrolment of 
a mortal among the gods. The mythology of 
Greece contains numerous instances of the deifica- 
tion of mortals ; but in the republican times of 
Greece we find few examples of such deification. 
The inhabitants of Amphipolis, however, offered 
sacrifices to Brasidas after his drath (Thuc. v. 
11); and the people of Egestc built an hcroum to 
Philippus, and also offered sacrifices to him on ac- 
count of his personal beauty, (llerod. v. 47.) In 
the Greek kingdoms, which arose in the East on 
the dismemberment of the empire of Alexander, it 
docs not appear to have been uncommon for the suc- 
cessor to the throne to have offered divine honours 
to the former sovereign. Such an apotheosis of 
Ptolemy, king of Egypt, is described by Theo- 
critus in his 17th Idyl. (Sec Casaubon's note on 
Suet. Jul. Caes. 88.)* 

The term apotheosis, among the Romans, pro- 
perly signified the elevation of a deceased emperor 
to divine honours. This practice, which was com- 
mon upon the death of almost all the emperors, 
appears to have arisen from the opinion, which was 
generally entertained among the Romans, that the 
souls or manes of their ancestors became deities ; 
and as it was common for children to worship the 
manes of their fathers, so it was natural fur divine 
honours to be publicly paid to a deceased emperor, 
who was regarded as the parent of his country. 
This apotheosis of an emperor was usually called 
consecratio ; and the emperor who received the 
honour of an apotheosis, was said in diorum nu- 
merum referri, or consecrari. In the earliest times 
Romulus is said to have been admitted to divine 
honours under the name of Quirinus (Plut. Rom. 
27,28 ; Liv. i. 16 ; Cic. de Hep. ii. 10) ; but none 
of the other Roman kings apjiears to have received 
this honour, and in the republican times we also 
read of no instance of an apotheosis. Julius Caesar 
was deified alter his death, and games were insti- 
tuted to his honour by Augustus (Suet. Jul. Cius. 
88) ; and the example thus set was followed in 
the case of the other emperors. 

The ceremonies observed on the occasion of 
an apotheosis have been minutely described by 
Ilerodian (iv. 2) in the following passage : — 
"It is the custom of the Romans to deify those 
of their emperors who die, leaving successors ; 
and this rite they call apotheosis. On this 



APOTHEOSIS. 



105 



occasion a semblance of mourning, combined 
with festival and religious observances, is visible 
throughout the city. The body of the dead they 
honour after- human fashion, with a splendid 
funeral ; and making a waxen image in all respects 
resembling him, they expose it to view in the 
vestibule of the palace, on a lofty ivory couch of 
great size, spread with cloth of gold. The figure 
is made pallid, like a sick man. During most of 
the day senators sit round the bed on the left side, 
clothed in black ; and noble women on the right, 
clothed in plain white garments, like mourners, 
wearing no gold or necklaces. These ceremonies 
continue for seven days ; and the physicians seve- 
rally approach the couch, and looking on the sick 
man, say that he grows worse and worse. And 
when they have made believe that he is dead, the 
noblest of the equestrian and chosen youths of the 
senatorial orders take up the couch, and bear it 
i along the Via Sacra, and expose it in the old 
forum. Platforms like steps are built upon each 
j side ; on one of which stands a chorus of noble 
' youths, and on the opposite, a chorus of women of 
high rank, who sing hymns and songs of praise 
to the deceased, modulated in a solemn and mourn- 
ful strain. Afterwards they bear the couch 
through the city to the Campus Martius, in the 
broadest part of which a square pile is constructed 
entirely of logs of timber of the largest size, in the 
shape of a chamber, filled with faggots, and on the 
outside adorned with hangings interwoven with 
gold and ivory images and pictures. Upon this, a 
similar but smaller chamber is built, with open 
doors and windows, and above it, a third and 
fourth, still diminishing to the top, so that one 
might compare it to the light-houses which are 
called Phari. In the second story they place a 
bed, and collect all sorts of aromatics and incense, 
and every sort of fragrant fruit or herb or juice ; 
for all cities, and nations, and persons of eminence 
emulate each other in contributing these last gifts 
in honour of the emperor. And when a vast heap 
of aromatics is collected, there is a procession of 
horsemen and of chariots around the pile, with the 
drivers clothed in robes of office, and wearing 
masks made to resemble the most distinguished 
Roman generals and emperors. When all this is 
done, the others set fire to it on every side, which 
easily catches hold of the ftiggots and aromatics ; 
and from the highest and smallest story, as from 
a pinnacle, an eagle is let loose to mount into the 
sky as the fire ascends, which is believed by the 
Romans to carry the soul of the emperor ban 
earth to heaven ; and from that time he is wor- 
shipped with the other gods." 

In conformity with this account, it is common 
to sec on medals struck in honour of an apotheosis 
an altar with fire on it, and an eagle, the bird of 
Jupiter, taking flight into the air. Tin- number of 
medals of this description is very numerous. We 
can from these medals alone trace the nnmes of 
sixty individuals, who received the honours of an 
apotheosis, from the time of Julius Caesar to that 
of Constantino the Great On most of them the 
word Con net ratio occurs, and on some (ireek 
coins the word A*IKPnCI2. The following wood- 
cut is taken from nn agate, which is supposed to 
represent the arthrosis of Gcmianicus. (Mont- 
fauenn. Ant. ErjJ. Suppl. vol. v. p. 137.) In his 
left hand he holds the cornucopia, nnd Victory is 
placing a laurel crown upon him. 



106 APPELLATIO. 



APPELLATIO. 




A very similar representation to the above is 
found on the triumphal arch of Titus, on which 
Titus is represented as being carried up to the 
skies on an eagle. There is a beautiful represen- 
tation of the apotheosis of Augustus on an onyx- 
stone in the royal museum of Paris. 

Many other monuments have come down to us, 
which represent an apotheosis. Of these the most 
celebrated is the bas-relief in the Townley gallery 
in the British Museum, which represents the 
apotheosis of Homer. It is clearly of Roman work- 
manship, and is supposed to have been executed in 
the time of the Emperor Claudius. 

The wives, and other female relations of the 
emperors, sometimes received the honour of an 
apotheosis. This was the case with Livia Augusta, 
with Poppaea the wife of Nero, and with Faustina 
the wife of Antoninus. (Suet. Claud. 1 1 ; Dion 
Cass. xl. 5 ; Tac. Ann. xvi. 21 ; Capitolin. Anton. 
Philos. 26.) 

APPARITO'RES, the general name for the 
public servants of the magistrates at Rome, namely, 
the Accensi, Carnifex, Coactores, Inter- 
pretes,Lictores,Praecones, Scribae, Stator, 
Strator, Viatores, of whom an account is given 
in separate articles. They were called apparitores 
because they were at hand to execute the com- 
mands of the magistrates (quod iis apparebant el 
praesto erant ad obsequium, Serv. Ad Virg. Aen. xii. 
850 ; Cic. pro Cluent. 53; Li v. i. 8). Their 
service or attendance was called apparitio. (Cic. 
ad Fam. xiii. 54, ad Qu. Fr. i. 1. § 4.) The 
servants of the military tribunes were also called 
apparitores. We read that the Emperor Severus 
forbade the military tribunes to retain the appari- 
tores, whom they were accustomed to have. 
(Lamprid. Sever. 52.) 

Under the emperors, the apparitores were di- 
vided into numerous classes, and. enjoyed peculiar 
privileges, of which an account is given in Just. 
Cod. 12. tit. 52—59. 

APPELLATIO. 1. Greek (e<f>e<m, or ava- 
SiKia). Owing to the constitution of the Athenian 
tribunals, each of which was generally appropriated 
to its particular subjects of cognisance, and therefore 
could not be considered as homogeneous with or 
subordinate to any other, there was little oppor- 
tunity for bringing appeals properly so called. It 
is to be observed also, that in general a cause was 
finally and irrevocably decided by the verdict of 
the dicasts (Si'ktj outoteX^s). There were, how- 
ever, some exceptions, in which appeals and new 
trials might be resorted to. 

A new trial to annul the previous award might 



be obtained, if the loser could prove that it was 
not owing to his negligence that judgment had 
gone by default, or that the dicasts had been de- 
ceived by false witnesses. And upon the expul- 
sion of the thirty tyrants, a special law annulled 
all the judgments that had been given during 
the usurpation. (Dem. c. Timocr. p. 718.) The 
peculiar title of the above-mentioned causes was 
avdSiKoi S'tKai, which was also applied to all causes 
of which the subject-matter was by any means 
again submitted to the decision of a court. 

An appeal from a verdict of the heliasts was 
allowed only when one of the parties was a citizen 
of a foreign state, between which and Athens 
an agreement existed as to the method of 
settling disputes between individuals of the re- 
spective countries (Sf/cai a-rrb o-vix§6\o>v). If such 
a foreigner lost his cause at Athens, he was per- 
mitted to appeal to the proper court in another 
state, which (e/c/cA7jTos tt6\h) Bockh, Schomann, 
and Hudtwalcker suppose to have been the native 
country of the litigant. Platner, on the other 
hand, arguing from the intention of the regulation, 
viz. to protect both parties from the partiality of 
each other's fellow-citizens, contends that some 
disinterested state would probably be selected for 
this purpose. The technical words employed upon 
this occasion are eKKa\e?v, e/cKaAeicrflai, and ri 
(kk\t]tos, the last used as a substantive, probably 
by the later writers only, for e'<f>eo*is. (Harpocr. 
Hudtw. De Diaet. p. 125.) This as well as the 
other cases of appeal are noticed by Pollux (viii. 
62, 63) in the following words : — " "E^eo'is is 
when one transfers a cause from the arbitrators 
(SiaiTT/rai), or archons, or men of the township 
(dr^fiSrat) to the dicasts, or from the senate to the 
assembly of the people, or from the assembly to a 
court (hiKao-T^piov), or from the dicasts to a foreign 
tribunal ; and the cause was then termed i(p4tri/j.os. 
Those suits were also called e/dcAiiTai 5t<cai. The 
deposit staked in appeals, which we now call 
wapa§6\iou, is by Aristotle styled napa.SoKov.'''' 
The appeals from the diaetetae are generally men- 
tioned by Dem. c. Apliob. p. 862 ; c. Boeoi. de 
Dote, pp'. 1013, 1017, 1024 ; and Hudtwalcker 
supposes that they were allowable in all cases 
except when the oicra 81*77 was resorted to. 
[Dike.] 

It is not easy to determine upon what occasions 
an appeal from the archons could be preferred ; for 
after the time of Solon their power of deciding 
causes had degenerated into the mere presidency of 
a court (riyefiovia SiKaffTrjplov), and the conduct 
of the previous examination of causes (av&Kpio-is). 
It has been also remarked (Platner, Proc. und 
Klag. vol. i. p. 243), that upon the plaintiff's suit 
being rejected in this previous examination as 
unfit to be brought before a court, he would most 
probably proceed against the archon in the assem- 
bly of the people for denial of justice, or would 
wait till the expiration of his year of office, and 
attack him when he came to render the account of 
his conduct in the magistracy (evdvuai). (Antiph. 
De Choreut. p. 788.) An appeal, however, from the 
archons, as well as from all other officers, was very 
possible when they imposed a fine of their own 
authority and without the sanction of a court ; and 
it might also take place when the king archon had 
by his sole voice made an award of dues and privi- 
leges (y*pa) contested by two priesthoods or sacer- 
dotal races. (Lex. Ithetoricum, pp. 219, 19.) 



APPELLATIO. 



APPELLATIO. 



107 



The appeal from the demotae would occur, when 
a person hitherto deemed one of their members, 
had been declared by them to be an intruder and 
no genuine citizen. If the appeal were made, the 
demotae appeared by their advocate as plaintiff, 
and the result was the restitution of the franchise, 
or thenceforward the slavery of the defendant. 

It will have been observed, that in the three 
last cases, the appeal was made from few or single 
or local judges to the hcliasts, who were con- 
sidered the representatives of the people or country. 
With respect to the proceedings, no new documents 
seem to have been added to the contents of the 
echinus upon an appeal ; but the anacrisis would 
be confined merely to an examination, as far as 
was necessary, of those documents which had been 
already put in by the litigants. 

There is some obscurity respecting the two next 
kinds of appeal that arc noticed by Pollux. It is 
conjectured by Schomann (Att. Process, p. 771) 
that the appeal from the senate to the people refers 
to cases which the former were for various reasons 
disinclined to decide, and by Platncr (voL L p. 427), 
that it occurred when the senate was accused of 
having exceeded its powers. 

Upon the appeal from the assembly to court, there 
is also a difference of opinion between the two last- 
mentioned critics, Schomann maintaining (Att. 
Process, p. 771) that the words of Pollux are to be 
applied to a voluntary reference of a cause by the 
assembly to the dicasts, and Platner suggesting 
the possible case of one that incurred a pracjudicium 
of the assembly against him (irpoSoK-li, xaraxfipo- 
rov'ia) calling upon a court (SiKao-T-^ptov) to give 
him the opportunity of vindicating himself from a 
charge that his antagonist declined to follow up. 
Platner also supposes the case of a magistrate sum- 
marily deposed by the assembly, and demanding 
to prove his innocence before the hcliasts. [J.S.M.] 

2. Roman. The word appellatio, and the 
corresponding verb appellarc, are used in the early 
Roman writers to express the application of an 
individual to a magistrate, and particularly to 
a tribune, in order to protect himself from some 
wrong inflicted, or threatened to be inflicted. It 
is distinguished from provocatio, which in the early 
writers is used to signify an appeal to the populus 
in a matter affecting life. It would seem that the 
provocatio was an ancient right of the Roman 
citizens. The surviving Horatius, who murdered 
his sister, appealed from the duumviri to the 
populus. (Liv. i. 2fi.) The decemviri took away 
the provocatio ; but it was restored by a lex con- 
sularis de provocatione, and it was at the same 
time enacted that in future no magistrate should 
be made from whom there should be no appeal. 
On this Livy (iii. 55) remarks, that the plebes 
were now protected by the provocatio and the 
Iriljunicium awrilium ; this latter term has reference 
to the appellatio properly so called (iii. 13. 66). 
Appius (Liv. iii. 56) applied (appellavit) to the 
tribunes; and when this produced no effect, and 
he was arrested by a viator, he appealed (prnvo- 
cavit). Cicero (lie Oral. ii. 4fi) appears to allude 
to the re-establishment of the provocatio, which is 
mentioned by Livy (iii. 55). The complete phrase 
to express the provocatio is provocare ad pnpulam ; 
and the phrase which expresses the appellatio, is 
appellarc, and in the later writers appellor* ail. 
It np|>ears that a person might appellors from one 
magistrate to another of equal rank ; and, of course, 



from an inferior to a superior magistrate ; and from 
one tribune to another. 

The appeals which have here been referred to, 
were limited to criminal matters. In civil suits there 
was not, and could not be any appeal under the re- 
public, for the purpose of revising and altering a 
decision, for each magistrate bad power to decide 
finally within the limits of his jurisdiction : and as 
a general rule, the sentence of a judex could not 
be reversed by the magistrate who appointed the 
judex. The only mode in which a person could 
have relief, in such cases, was by the interccssio 
of a superior magistrate, or the appellatio of the 
tribunes wnich would be in the nature of a stay of 
execution. The In integrum restitutio also existed 
under the republic. 

When the supreme power became vested in the 
emperors, the terms provocatio and appellatio lost 
their original signification. Thus Gellius (iv. 14) 
has used provocatio for appellatio. In the Digest 
(49. tit. 1. De Appellationibus) provocatio and ap- 
pellatio are used indiscriminately, to express wliat 
we call an appeal in civil matters : but provocatio 
seems so far to have retained its original meaning 
as to be the only term used for an appeal in 
criminal matters. The emperor centred in him- 
self both the power of the populus and the veto of 
the tribunes ; but the appeal to him was properly 
in the last resort. Augustus (Sueton. Octavianus, 
33) established a system of regular appeals from 
litigant parties at Rome to the Praetor Urbanus, 
as in the provinces to the governors. Nero (Sueton. 
Aero, 17) enacted that, all appeals from privuti 
(Tacit. A nnal. xiv. '2H)judices should be to the senate. 
Appellatio among the later Roman jurists, then, sig- 
nifies an application for redress from the decision 
of an inferior to a superior, on the ground of wrong 
decision, or other sufficient ground. According to 
Ulpian (Dig. 49. tit. 1), appeals were common 
among the Romans, " on account of the injustice 
or ignorance of those who had to decide (Judi- 
cantes), though sometimes an appeal alters a pro- 
per decision, as it is not a necessary consequence 
that he who gives the last gives also the best deci- 
sion." This remark must be taken in connection 
with the Roman system of procedure, by which 
such matters were referred to a judex for his deci- 
sion, after the pleadings had brought the matter 
in dispute to an issue. From the emperor himself 
there was, of course, no appeal ; and by a constitu- 
tion of Hadrian, there was no appeal from the 
senate to the emperor. The emperor, in appoint- 
ing a judex, might exclude all appeal and make 
the decision of the judex final. M. Aun lius by a 
rescript (Dig. 49. tit. 1. a 1, 21) directed an ap- 
peal from the judgment of a judex to the magis- 
trate who had appointed the judex. The appeal, 
or liljelltu appellalorius, showed who was the ap- 
pellant, against whom the appeal was, and what 
was the judgment appealed from. 

Appellatio also means to summon a |>nrty before 
a judex, or to call upon him to perform something 
that he has undertaken to do. (Cic. Ad Att. i. ft.) 
The debtor who was summoned (ajipcllatus) by 
his creditor, and obeyed the summons, was said 
respondere. 

The system of nppellationcs as established under 
the empire was of very extensive application, and 
was not limited to matters of criminal and civil 
procedure. A person might appeal in matters that 
reluted to the fiicus, to penalties and lines, and 



108 AQUAEDUCTUS. 

to civil offices and burdens. This subject is fully 
treated by Hollweg, Handbuch des Civilprozesses, 
p. 350. [G.L.] 

APPLICATIONS JUS. [Exsilium.] 

APROSTA'SIOU GRAPHE' (awpoaTcuriov 
ypatpy), an action falling under the jurisdiction of 
the polemarch, which was brought against those 
metoeki, or resident aliens, who had neglected to 
provide themselves with a patron {vpoo-raT^s). 
This action is stated to have been also brought 
against those metoeki, who exercised the rights of 
full citizens, or did not pay the p.(ToiKiov, a tax 
of twelve drachmae exacted from resident aliens ; 
but Meier has remarked that this action was only 
applicable in such cases, provided that the metoeki 
had no patron. (Harpocrat. ; Zonar. ; Suid. and 
the other grammarians ; Meier, Att. Process, 
p. 315, &c.) 

APSIS or ABSIS (atyls), in its literal meaning 
from ctTTTto, is a fastening of any kind ; for example, 
the meshes of a net. (Horn. //. v. 487.) It was ap- 
plied specially to the joining together the extremities 
of a piece of wood, so as to give it the shape of a 
bow ; and hence it came to signify anything of 
that shape, such as a bow, an arch, or a wheel. 
(Hes. Op. 424 ; Herod, iv. 7'2.) A potter's wheel 
is described, in the Anthology, as kvkAos a-tyTSos. 
The next transition of meaning is to anything 
vaulted (for example, y {nrnvpavia cuj/i's, the vault 
of heaven, Plat. Phaedr. p. 247, b.) ; and in this 
sense it was adopted in architecture, first, for any 
building or portion of a building of a circular form, 
or vaulted (Plin. Epist. ii. 17. § 18), and more 
especially for the circular and vaulted end of a 
Basilica. (Paul. Nol.^Ep. 12; Augustin, Ep. 203 ; 
Isid. Orig. xv. 8.) For other applications of it, all 
with the general meaning of a vault or curve, see 
Forcellini. [P. S.] 

AQUAEDUCTUS (iSpayayia), literally, a 
water-conduit, would, of course, properly describe 
any channel for the passage of water ; but the 
word is used especially for the magnificent struc- 
tures by means of which Rome and other cities 
of the Roman empire were supplied with water, 
and which may be described in general terms as a 
channel, constructed as nearly as possible with a 
regular declivity from the source whence the 
water was derived to the place where it was de- 
livered, carried through hills by means of tunnels, 
and over valleys upon a substruction of solid 
masonry or arches. 

The aqueduct is mentioned by Strabo as among 
the structures which were neglected by the Greeks, 
and first brought into use by the Romans (v. 
p. 235). It will presently be seen that this state- 
ment requires some slight modification ; but, if 
understood of the grand structures we have referred 
to, it is time enough that the Greeks (before the 
Roman conquest) had none such, and for the 
obvious reason, that they had no need of them. 
There is no occasion to discuss the possibility or 
impossibility of constructing aqueducts without 
arches, which is the reason alleged by some 
writers for their not being used by the Greeks ; 
there is reason enough in the physical geography 
of the country. Springs (icprjvai, Kpovvoi) were 
sufficiently abundant to supply the great cities 
with water ; and great attention was paid to the 
preservation and adornment of them ; they were 
converted into public fountains by the formation of 
a head for their waters, and the erection of an 



AQUAEDUCTUS. 
ornamental superstructure ; and were dedicated to 
some god or hero. Pausanias (x. 4. § 1) considers 
no place to deserve the name of city, which has 
not such a fountain. We are indebted to the 
same author and other Greek writers for accounts 
of some of the most celebrated fountains ; such as 
that of Theagenes, at Megara (Paus. i. 40. § 1) ; 
those of Peirene and Lerna at Corinth, where 
there were many other fountains, as well as a 
Roman aqueduct erected by Hadrian (ii. 3. §§ 2, 
3, 5 ; 4. § 5) ; that in the grove of Aesculapius at 
Epidaurus (ii. 17. § 5) ; and several others (iv. 31, 
32, 34, vii. 5, 21, viii. 13), of which we need 
only mention the Enneakrounos at Athens, which 
was constructed by Peisistratus and his sons, and 
of which Thucydides records the interesting fact, 
marking the transition from the natural springs to 
the artificial fountain, and showing the importance 
attached even to the former, that "it was called 
Callirhoe formerly, when the springs were visible 
((pavepaiv tuv ■n-rryuv oiiawv, Thuc. ii. 15 ; Paus. i. 
14. § 1) : to this enumeration might be added the 
springs of salt-water in certain temples ; as in 
those of Erechtheus at Athens, and of Poseidon 
Hippius at Mantineia. (Paus. i. 26. § 5, viii. 10. 
§4.) 

In these cases we have no reason to suppose that 
there was any thing more than a fountain over or 
close to the springs, forming a head for the water 
derived, either immediately, or by very short 
channels, from them. But we are not without 
examples of constructions more nearly approaching 
the Roman aqueducts in kind, though not in 
degree. That the Greeks, at a very early period, 
had some powers of hydraulic engineering is shown 
by the drainage tunnels of the lake Copais, and 
the similar works of Phaeax at Agrigentum 
[Emissarium] ; and we have an instance of a 
channel for water being carried through a moun- 
tain, to supply the city of Samos. The height of 
the mountain was 150 orguiae (900 Greek feet) ; 
the length of the tunnel was seven stadia (7-8ths 
of a Roman mile, or about 1420 yards) ; its section 
was a square of eight Greek feet. The actual 
channel for the water was cut below this, and was, 
if the text is right, thirty Greek feet deep, and 
three wide ; the water passed through pipes (Sia 
o-w\i]vwv) from a copious spring, and was thus 
brought to the city. (Herod, iii. 60.) Miiller 
conjectures that the work was one of those executed 
by Polycrates {Arch'dol. d. Kunst, § 81). 

The chief regulations among the Greeks respect- 
ing fountains and springs, whether in town or 
country, were the following : — Water might be 
fetched from the public fountains or wells to a 
distance of four stadia ; beyond this, persons must 
dig their own wells ; but if any one dug to a 
depth of ten orguiae (or, according to Plato, M e XP' 
tt\s K^pap.lSos yrjs) without finding water, he was 
permitted to take from his neighbour's well a 
pitcher of six choes twice a day (Plut. Sol. 23 ; 
Plat. Leg. viii. p. 844, a, b). 

The Romans were in a very different position, 
with respect to the supply of water, from most of 
the Greek cities. They, at first, had recourse to 
the Tiber, and to wells sunk in the city ; but 
the water obtained from those sources was very 
unwholesome, and must soon have proved insuf- 
ficient, from the growth of the population, to say 
nothing of the supplies afterwards required for the 
naumachiae and public baths. It was this neces- 



AQUAEDUCTUS. 
sity that led to the invention of aqueducts, in 
order to bring pure water from a considerable 
distance, from the hills, in fact, which surround the 
Campagna. The date of the first aqueduct is as- 
signed by Frontinus to the year A.U. c. 441, or 
B.C. 313 (De Arpiaed. Urlj. Horn. 4, p. 14, ed. 
Adler) ; and the number of aqueducts was gra- 
dually increased, partly at the public expense, and 
partly by the munificence of individuals, till, in the 
time of Procopius, they amounted to fourteen ; 
and, even before they were all erected, they might 
well excite the admiration which Pliny expresses 
with respect to the Claudian aqueduct, in the fol- 
lowing passage (H. N. xxxvi. 15. s. 24) : — w But 
if any one will carefully calculate the quantity of 
the public supply of water, for baths, reservoirs, 
houses, trenches (euripi), gardens, and suburban 
villas ; and, along the distance which it traverses, 
the arches built, the mountains perforated, the 
valleys levelled ; he will confess that there never 
was any thing more wonderful in the whole world." 

But why did the Romans waste so much 
money and labour on works, the purpose of which 
might have been effected much more scientifically 
by the simple plan of laying pipes along the 
ground ? Of course, it is easy to give the unthink- 
ing answer, that they were ignorant of the laws of 
hydrostatics, and did not know that water finds 
its own level ! It is truly marvellous that such 
an absurd notion should ever have been enter- 
tained, and yet it is the common explanation of 
the fact of their building aqueducts instead of 
laying down water-pipes. If it were at all neces- 
ccssary to prove that a nation, so far advanced in 
civilisation as the Romans, or indeed that any in- 
dividual arrived at years of discretion, had dis- 
covered that water finds its own level, the proof 
might be supplied from passages in Latin authors *, 
from the whole arrangemeuts for the distribution 
of the water of the aqueducts, and from the 




a, a, The ascending pipe. 

b, i, The basin, made of blocks of travertine. 

• Vitruvius not only expressly states the law 
(viii. fi, s. 5), but describes one form of the aque- 
duct in which it was practically applied (viii. 7. 
«. 6), as will be seen be low. Pliny alio, in de- 
scribing the passage of water through pipes, states 
the law in these very distinct terms : — " Subit 
altitudinem exortus sui." (//. A r . xixi. C. s. 31.) 



AQUAEDUCTUS. 109 

very existence of their numerous fountains ; as a de- 
cisive ocular demonstration, we have given above a 
section of one of the many fountains still existing 
at Pompeii. Another reason assigned for the 
construction of aqueducts by the Romans is their 
want of the materials, and the manufacturing skill, 
to make pipes of a sufficient size ; combined, on 
the other hand, with the love of magnificence and 
the ostentatious disregard of expense, by which 
the architectural works of the empire are cha- 
racterised. Some weight should doubtless be as- 
signed to these considerations, although, in fact, 
the Romans made use of pipes as well as aqueducts : 
but the great point is, that it has been too hastily 
assumed that the aqueduct is an unscientific mode 
of conveying water to a large city from distant 
sources ; or that it is peculiar to the ancients. 
London itself is chiefly supplied by an aqueduct, 
for such is the New River in principle, although 
the country through which it flows is such as not 
to require arches and tunnels like those of the 
Roman aqueducts ; and the remark would apply to 
several other great cities. The whole matter is a 
question of the balance of advantages. On the 
one hand there is the expense of the aqueduct : 
on the other, the enormous pipes which would be 
required for the conveyance of an equal quantity 
of water, their liability to get obstructed, and to 
yield at the joints, the loss by friction, especially 
in the bends, and the unequal pressure o!' the 
water. In fact, the most recent feat of engineer- 
ing science in this department is exactly a return 
to the Roman aqueduct, which has been preferred 
to any other plan for conveying water in large 
quantities a considerable distance, over great in- 
equalities of ground : we refer to the aqueduct, 
begun in lf)37 and finished in 1842, by which 
the water of the river Croton is conveyed a dis- 
tance of forty miles, for the supply of New York, 
and which is thus described : — " An artificial 
channel, built with square stones, supported on 
solid masonry, is carried over valleys, through 
rivers, under hills, on arches and banks, or through 
tunnels and bridges, over these forty miles. Not 
a pipe, but a sort of condensed river, arched over 
to keep it pure and safe, is made to flow at the 
rate of a mile and a half an hour towards New 
York." A more exact description of an ancient 
Roman aqueduct could not easily be given. (See 
Illustration* of the Croton Ai/ueduct, by F. B. 
Tower, 1843.) 

The detailed description of the arrangements of 
the aqueduct will be better understood, after an 
enumeration of the principal aqueducts by which 
water was conveyed to Rome across the Cam- 
pagna. 

They were fourteen in number ; and only four 
of them belong to the time of the republic, while 
five were built in the reigns of Augustus and 
Claudius. Our knowledge of the subject is de- 
rived almost entirely from the treatise De Aquae- 
ductibus Url/is Homae, by S. Julius Frontinus, who 
was curator aquarian (keeper of the aqueducts) 
under Ncrva and Trajan. It should be observed 
that the Aquaaluctus is often called simply Aqua. 

1. The Aqua Appia was begun by the censor 
Appius Claudius Cnecus (to whom also Rome was 
indebted for her first gnat road), in B.O. 313. Its 
sources wi re near the I'm I'mrnrsthm, between 
the seventh and eighth milestones, and its ter- 
mination was at the talinue, by the Porta Triyemina. 



110 



AQUAEDUCTUS. 



Its length was 11,190 passus, for 11,130 of which 
it was carried under the earth, and for the remaining 
60 passus, within the city, from the Porta Capena 
to the Porta Trigemina, it was on arches. The 
distribution of its water began from the Clivus 
Publkius. (Frontin. 5 ; Liv. ix. 29 ; Diod. xx. 36 ; 
Aur. Vict. Vir. Must. 34, who confounds it with 
the Anio.) No traces of it remain. 

2. The Anio Vetus was commenced forty years 
later, B. c. 273, by the censor M. Curius Dentatus, 
and was finished by M. Fulvius Flaccus. The ex- 
pense was defrayed out of the spoils taken from 
Pyrrhus. The water was derived from the river 
Anio, above Tibur, at a distance of twenty Roman 
miles from the city ; but, on account of its wind- 
ings, its actual length was forty-three miles, of 
which length less than a quarter of a mile only 
(namely, 221 passus) was above the ground. 
There are considerable remains of this aqueduct on 
the Aurelian wall, near the Porta Maggiore, and 
also in the neighbourhood of Tivoli. It was built 
of blocks of peperino stone, and the water-course 
wlfc lined with a thick coating of cement. (Front. 6 ; 
Aur. Vict. Vir. III. 43.) 

3. The Aqua Marcia, one of the most important 
of the whole, was built by the praetor Q. Marcius 
Rex, by command of the senate, in B.C. 144. 
The want of a more plentiful supply of water had 
been long felt, especially as that furnished by the 
Anio Vetus was of such bad quality as to be al- 
most unfit for drinking ; and, in B.C. 179, the 
censors, M. Aemilius Lepidus and M. Flaccus 
Nobilior, had proposed the erection of a new 
aqueduct ; but the scheme had been defeated, in 
consequence of Licinius Crassus refusing to let it 
be carried through his lands. (Liv. xl. 51.) The 
two existing aqueducts had also fallen into decay 
by neglect, and had been much injured by private 
persons drawing off the water at different parts of 
their course. The senate therefore commissioned 
the praetor Marcius to repair the old aqueducts, 
and to build a third, which was named after him. 
Some writers have pretended that the original 
construction of this aqueduct is to be ascribed to 
Ancus Marcius, alleging a passage of Pliny (H. N. 
xxxi. 3. s. 24), and a medal of the Marcian gens, 
family Philippus, which bears on the obverse a 
head with the legend Ancvs, and on the reverse 
a representation of an aqueduct, with the letters 
Aqvam* between the arches, supporting an 
equestrian statue with the legend Phillippvs : 
but those who know any thing of the history of 
Roman family records will understand that this 
medal bears no evidence to the point in question, 
and is simply a perpetuation of two of the greatest 
distinctions of the Marcia pe?is, their alleged de- 
scent from Ancus, and the aqueduct which bore 
their name ; and Pliny's opinion is simply one of 
his ludicrous blunders, arising probably from his 
confounding Marcius Rex with the king Ancus 
Marcius. (Eckhel, Doctr. Num. Vet. vol. v. p. 248.) 




This aqueduct commenced at the side of the 
Via Valeria, thirty-six miles from Rome ; its 



AQUAEDUCTUS. 

length was 6 1 ,7 1 01 passus, of which only 7463 
were above ground ; namely, 528 on solid sub- 
structions, and 6935 on arches. It was high 
enough to supply water to the summit of the 
Capitoline Mount. It was repaired by Agrippa 
in his aedileship, B.C. 33 (see below, No. 5.), and 
the volume of its water was increased by Au- 
gustus, by means of the water of a spring 800 
passus from it : the short aqueduct which con- 
veyed this water was called the Aqua Augusta, 
but is never enumerated as a distinct aqueduct. 
Pliny states that the water of the Aqua Marcia 
was the coldest and most wholesome of all which 
was brought to Rome ; and Vitruvius and other 
writers refer to the excellence of the water as being 
proverbial. Several arches of the Aqua Marcia 
are still standing. (Frontin. 12 ; Plin. H. N. xxxi. 
3. s. 24, who differs from Frontinus in some of the 
details ; Strab. v. p. 240 ; Vitruv. viii. 3. § 1 ; 
Dion Cass. xlix. 42 ; Plut. Coriol. 1 ; Propert. iii. 
22, 24 ; Martial, vi. 42. 16 : Stat. Silv. i. 5, 
25.) 

4. The Aqua Tepula, which was built by the 
censors Cn. Servilius Caepio and L. Cassius Lon- 
ginus in B. c. 127, began at a spot in the Lucullan 
or Tusculan land, two miles to the right of the 
tenth milestone on the Via Latina. It was after- 
wards connected with 

5. The Aqua Julia. Among the splendid public 
works executed by Agrippa in his aedileship, 
B. c. 33, was the formation of a new aqueduct, and 
the restoration of all the old ones. From a source 
two miles to the right of the twelfth milestone of 
the Via Latina, he constructed his aqueduct (the 
Aqua Julia) first to the Aqua Tepula, in which 
it was merged as far as the reservoir (piscina) 
on the Via Latina, seven miles from Rome. 
From this reservoir the water was carried along 
two distinct channels, on the same substructions 
(which were probably the original substructions 
of the Aqua Tepula, newly restored), the lower 
channel being called the Aqua Tepula, and the 
upper the Aqua Julia ; and this double aqueduct 
again was united with the Aqua Marcia, over the 
watercourse of which the other two were carried. 
The monument erected at the junction of these 
three aqueducts, is still to be seen close to the 
Porta S. Lorenzo. It bears an inscription referring 
to the repairs under Caracalla. (See the woodcut 
below, p. 112.) The whole course of the Aqua 
Julia, from its source, amounted to 15,426 passus, 
partly on massive substructions, and partly on 
arches. (Frontin. 8, 9, 19.) 

6. The Aqua Virgo was built by Agrippa, to 
supply his baths. From a source in a marshy 
spot by the eighth milestone on the Via Collatina, 
it was conducted by a very circuitous route, chiefly 
under the ground, to the M. Pincius, whence it 
was carried on arches to the Campus Martius. Its 
length was 14,105 passus, of which 12,865 were 
underground ; in its subterranean course it re- 
ceived the water of numerous springs ; and its 
water was as highly esteemed for bathing as that 
of the Aqua Marcia was for drinking. It is one 
of the two aqueducts on the left bank of the Tiber, 
which are still in use, though on a much-diminished 
scale. (See below.) The origin of its name is 
variously explained. (Frontin. 10 ; Dion Cass. liv. 
11 ; Plin. H. N. xxxi. 3. s. 25 ; Cassiod. Var. 
vii. 6 ; Ovid, Trist. iii. 12. 22 ; Martial, v. 20. 9, 
vi. 42. 18, xi. 47. 6.) 



AQUAEDUCTUS. 

7. The Aqua Alsietina (sometimes called also 
Aqua Augusta), on the other side of the Tiber, 
was constructed by Augustus from the Lacus 
Alsietinus {Lugo di Martignano), which lay 6500 
passus to the right of the fourteenth milestone on the 

Via Claudia, to the part of the Regio Transtiberina 
below the Janiculus. Its length was 22,172 
passus, of which only 358 were on arches ; and 
its water was so bad that it could only have been 
intended for the supply of Augustus's NaumacJtia, 
and for watering gardens. Its reservoir was 1800 
feet long by 1200 wide. (Frontin. 11.) 

8, 9. The two most magnificent aqueducts were 
the Aqua Claudia and the Anio Novus (or Aqua 
Aniena Nova), both commenced by Caligula in 
A. D. 36, and finished by Claudius in A. d. 50. 
The water of the A qua Claudia was derived from two 
copious and excellent springs, called Caerulus and 
Curtius, near the thirty-eighth milestone on the Via 
SuliUicensis, and it was afterwards increased by a 
third spring, Albudinus. Its water was reckoned 
the best after the Marcia. Its length was 46,406 
passus (nearly 4C>\ miles), of which 9567 were on 
arches. Of a still greater length was the Anio 
Novus, which began at the forty-second milestone, 
on the Via Sublacensis, and received in addition, at 
the thirty-eighth milestone, opposite the sources of 
the Aqua Claudia, a stream called the Itivus Her- 
culaneus. It was the longest and the highest of 
all the aqueducts, its length being nearly 59 miles 
(58,700 passus), and some of its arches 109 
feet high. In the neighbourhood of the city these 
two aqueducts were united, forming two channels 
on the same arches, the Claudia below and the 
Anio Novus above. An interesting monument 
connected with these aqueducts, is the gate now 
called Porta Maggiore, which was originally a 
magnificent double arch, by means of which the 
aqueduct was carried over the Via Labicana and 
the Via Praeneslina. The Porta Ijibicana was 
blocked up by Honorius ; but the arch has been 
lately cleared of his barbarous constructions. Over 
the double arch are three inscriptions, which re- 
cord the name9 of Claudius as the builder, and of 
Vespasian and Titus as the restorers of the aque- 
duct. (See the woodcut below.) By the side 
of this arch the aqueduct passes along the wall of 
Aurelian for some distance, and then it is con- 
tinued upon the Arcus Neroniani or Caelimontani, 
which were added by Nero to the original struc- 
ture, and which terminated at the temple of 
Claudius, which was also built by Nero, on the 
Caelius, where the water was probably conveyed 
to a castellum already built for the Aipta Julia, 
and for a branch of the Aqua Marcia, which had 
been at some previous time continued to the 
Caelius : the monument called the Arch of Dola- 
bella is probably a remnant of this common castel- 
lum. (Pecker, Ilandb. d. Horn. Alterth. vol. L 
pp. 499—502.) 

These nine aqueducts were all that existed in 
the time of Frontinus, who thus speaks of them 
collectively, in terms which can hardly be thought 
exaggerated : — " Tot aipuirum tarn mullis ncces- 
sariit molibus pgramidas ridelicrt i t tiii*ns ei t wj t >t /•' s 
out inertia ted Jama celebratn opera Oraccorum." 
It has been calculated that these nine aqueducts 
furnished Home with a supply of water equal to 
that carried down by a river thirty feet brond by 
six deep, flowing at the rate of thirty inches a 
second. There was also another aqueduct, not 



AQUAEDUCTUS. Ill 

reckoned with the nine, because its waters were 
no longer brought all the way to Rome : 

10. This was the Aqua Crabra, which had its 
source near that of the Julia, and which was ori- 
ginally carried right through the Circus Maximus ; 
but the water was so bad, that Agrippa would not 
bring it into the Julia, but abandoned it to the 
people of the Tusculan land ; hence it was called 
Aqua Damnuta. At a later period, part of its 
water was brought into the Aqua Julia. (Frontin. 9.) 
Considerable traces of it remain. 

There are still four aqueducts of later con- 
struction to be added to the list. 

11. The Aqua Trajana was brought by Trajan 
from the Lacus Sabatinus (now Bracciano), to 
supply the Janicidus and the Regio Transtiberina. 
Its construction is recorded on coins of gold, silver, 
and bronze, of the years 111 and 112 a. d. 
(EckheL, Doctr. Num. Vet. vi. pp. 425, 428). 
Trajan also restored and improved the other aque- 
ducts, especially the Anio Noma. (Frontin. 92, 93.) 

12. The Aqua Akxandrina was constructed by 
Alexander Severus ; its source was in the lands of 
Tusculum, about fourteen miles from Rome, be- 
tween Gabii and the Lake Regillus. Its small 
height shows that it was intended for the baths of 
Severus, which were in one of the valleys of Rome. 
(Lamprid. Alex. Sev. 25 ; Fabretti, Diss. i. § 23.) 

13. The Aqua Septimiana, built by Septimius 
Severus, was, perhaps, only a branch of the Aqua 
Julia, formed by the emperor to bring water to his 
baths. (Fabretti, Diss. iii. § 285.) 

14. The Aqua Algentia had its source at il/. 
Algidus by the Via Tusculana, 9000 passus from 
Rome, according to Fabretti ; but more probablv 
15,000. Its builder is unknown. 

These seem to have been the fourteen aqueducts, 
which were still preserved in use at Rome in the 
time of Procopius (Goth. i. 19); but there is a 
doubt respecting some of the last five. Thus the 
Epilogus to the Notitia mentions the Ciminia, the 
Severiana, and the A nlonia, and makes the whole 
number nineteen ; while Aurelius Victor enu- 
merates twenty. The account of Procopius seems 
the most exact, and the excess in the other state- 
ments may be explained from the enumeration of 
the small accessory branches of the chief aqueducts : 
for the Aqua Jovia of Itunsen there is no sufficient 
authority. (Becker, Ilandb. d. Rom. Alterth. vol. i. 

p. 707.) 

Great pains were taken by successive emperors 
to preserve and repair the aqueducts. From the 
Gothic wars downwards, they have for the most 
part shared the fate of the other great Roman 
works of architecture ; their situation and purpose 
rendering them peculiarly exposed to injury in 
war ; but still their remains form the most striking 
features of the Campagna, over which their lines 
of ruined arches, clothed with ivy and the wild 
fig-tree, radiate in variuus directions. Three of 
them still acne for their ancient use ; and these 
three alone, according to Tounion, supply the 
modem city with a quantity of water much greater 
than that which is furnished to Puris by the Canal 
do l'Ourcy, for a population six times as large. 
They are : — (I.) The Act/ua Vergine, the ancient 
Aqua Virgn, whirh was restored by Pope Pius IV. 
and further embellished by Hcnedict XIV. and 
Clement XIII. The chief portion of its waters 
gush out through the beautiful I'imlana di Trcvi, 
but it also supplies twelve other public fountains, 



112 AQUAEDUCTUS. 
and the greater part of the lower city. (2.) The 
Acqua Felice, named after the conventual name of 
its restorer Sixtus V. (Fra Felice) is, probably, a 
part of the ancient Aqua Claudia, though some 
take it for the Ahxandriana. It supplies twenty- 
seven public fountains, and the eastern part of the 
city. (3.) The Acqua Paola, the ancient Alsietina, 
supplies the Transtevere and the Vatican, and 
feeds, among others, the splendid fountains before 
St. Peter's. Of the ruins' of the other aqueducts 
the most extensive, within Rome, are those of the 
Arcus Neroniani, and of the Aqua Crabra ; the 
most interesting are the Porta Maggiore, with the 
two channels of the Aqua Claudia and Anio Novus, 
and the remains of the triple aqueduct of Agrippa 
by the Porta S. Lorenzo. The following woodcut 
(after Hirt) represents restored sections of them, 
preserving their relative proportions : — 



C 




Fig. 1. — Section of the Porta Maggiore at 
Rome : a. the Aqua Claudia ; b. the Anio Novus ; 
c. openings to give vent to the air. 

Fig. 2. — Section of the triple aqueduct of 
Agrippa: a. the Aqua Marcia ; b. the Aqua 
Tepula ; c. the Aqua Julia. The two latter are 
of brick and vaulted over. The air-vents are also 
shown. 

The magnificence displayed by the Romans in 
their public works of this class, was by no means 
confined to the capital ; for aqueducts more or less 
stupendous were constructed by them in various 
and even very remote parts of the empire, — at 
Athens, Corinth, Catana, Salona, Nicomedia, 
Ephesus, Smyrna, Alexandria in the Troad, Syra- 
cuse, Metz, Clermont in Auvergne, Nimes (the 
Pont du Gard), Lyon, Evora, Merida, and Segovia. 
Those at Ephesus and Alexandria were built by 



AQUAEDUCTUS. 

Hadrian and Herodes Atticus, and that at Athens 
'was commenced by Hadrian and finished by Anto- 
ninus Pius, who also built those at Corinth and 
Nicomedia. That at Evora, which was built by 
Quintus Sertorius, is still in good preservation ; 
and at its termination in the city has a very ele- 
gant castellum in two stories, the lower one of 
which has Ionic columns. Merida in Spain, the 
Augusta Emerita of the Romans, who established 
a colony there in the time of Augustus, has among 
its other antiquities the remains of two aqueducts, 
of one of which thirty-seven piers are standing, 
with three tiers of arches ; while of the other 
there are only two which form part of the original 
constructions, the rest being modern. But that of 
Segovia, for which some Spanish writers have 
claimed an antiquity anterior to the sway of the 
Romans in Spain, is one of the most perfect and 
magnificent works of the kind anywhere remain- 
ing. It is entirely of stone, and of great solidity, 
the piers being eight feet wide and eleven in 
depth ; and, where it traverses a part of the city, 
the height is upwards of a hundred feet, and it has 
two tiers of arches, the lowermost of which are 
exceedingly lofty. 

We proceed to describe in detail the construc- 
tion and arrangements of Roman aqueducts. There 
are three matters to be considered : the source 
from which the water was derived ; the aqueduct 
itself, by which it was conveyed ; and the reser- 
voir in which it was received, and from which it 
was distributed for use. 

(1.) The Sources. — It is unnecessary to follow 
Vitruvius into the minute rules which he laj's 
down for the discovery of springs, where they 
were not naturally visible, and for testing the 
quality of the water : it is enough to refer to his 
statements as showing the importance attached to 
these points. (Vitruv. viii. 1.) It was also neces- 
sary that the springs should have such an eleva- 
tion, as that, after allowing for the fall necessary 
to give the channel its proper inclination, the water 
should enter the final reservoir at a sufficient 
height to permit of its distribution for public and 
private use ; for there were no engines used, as in 
modern waterworks, to raise the water to a higher 
elevation than that at which it was required. 
When the 1 source had been fixed upon, whether it 
was an open spring {fons), or one got at by sink- 
ing a well (puteus), a head was dug for the water, 
and inclosed with a wall ; and, if necessary, the 
supply was increased by digging channels from 
neighbouring springs : the rules for these opera- 
tions also are minutely laid down by Vitruvius 
(viii. 7. s. 6. §§ 12—15). 

(2.) The Channel, or Aqueduct itself* — In order 
to convey the water from its source to its destina- 
tion, a channel was constructed, having a slight, 
and, as nearly as possible, a uniform declivity. 
An elaborate description of the means adopted to 
secure this object is quite needless for readers of 
the present day, as they were almost precisely 



* Though the word aquaeductus is applied gene- 
rally to the whole structure, yet in its special and 
proper meaning it seems only to have signified 
that part of the work in which the water-channel 
was carried over a valley, on arches or on solid 
substructions : a channel on the surface of the 
ground was properly called rivus; and one beneath 
the surface, rivus subterraneus, or cuniculus. 



AQU AED UCT US. 
similar to those with which we are familiar in our 
railways: hills were pierced through by tunnels, 
and valleys crossed cither by solid substructions 
or arches of masonry, according to the height re- 
quired ; and of these arches there were often two 
tiers, and sometimes even three. The channel 
itself (specus, canalis) was a trough of brick or 
stone, lined with cement, and covered with a 
coping, which was almost always arched ; and the 
water cither ran directly through this trough, or it 
was carried through pipes laid along the trough. 
When the channel was carried beneath the sur- 
face, if the hill through which it passed was of 
rock, it was merely cut in the rock ; but if of earth 
or sand, it was constructed of blocks of stone. 

The following woodcut represents a portion of 
a double-arched aqueduct, and shows a section of 
the specus (a) : b b are projecting blocks, which 
are often seen in such positions, and which were 
doubtless the supports for the centerings used in 
building the arches. 




The object of covering the specus was to exclude 
the sun and rain, and other corruptions and ob- 
structions ; but it was necessary to provide a vent 
for the air, which otherwise would have been 
compressed to such a degree as to burst the walls 
or roof of the specus. These vent-holes were 
made at regular intervals in the roof of the specus, 
or, when another channel passed over it, in the 
»idc. They are represented in the sections, given 
above, of the Aqua Claudia, Mama, &c. To 
ventilate the subterranean channel of an aqueduct, 
a shaft ( putcus) of masonry was carried to the 
surface of the ground at intervals of an actus, or 
120 Roman feet (or two actus, according to Pliny, 
who calls them lumina), as shown in the following 
woodcut (after llirt), which represents the plan, 
longitudinal section, and transverse section, of 
part of a rimts suliterrancus, the ruins of which 
still exist at Palmyra. 

The rivus suhtrrrancus possessed the advnntage 
over the ar/uanluclus of bring less exposed to 
variations of temperature, and more secure from 
injury ; on the other hand, it was of course more 
ilitHiult to get at when it required repairs. A 
reference to the account given above, of the Itomnn 



AQUAEDUCTUS. 113 
aqueducts, will show how large a portion of them 
was subterranean. 








L 



a, The water-course ; b, steps giving access to 
it ; c, the shaft ; d, e, section of the specus and 
shaft ; f, transverse section of them. 

Instead of, or within, the specus, pipes (fistulae, 
tubuli), were often used for the passage of the 
water. They were of lead, or tcrra-cotta (fidiles), 
and sometimes, for the sake of economy, of leather. 
The rules which Vitruvius lays down apply par- 
ticularly to leaden pipes, although he gives the 
preference to the earthen ones, chiefly on the 
ground that the water which passed through them 
was more wholesome. The pipes were made in 
lengths not less than ten feet, and of various 
widths, which were denominated in the manner 
explained under Fistula. They were cemented 
together at the joints, which in earthen pipes were 
made to overlap, and when the water was first let 
in, ashes were mixed with it, in order that they 
might settle in the joints and stop them more com- 
pletely. The use of pipes permitted variations to 
be made in the construction of the aqueduct : 
namely, the water could be carried round, instead 
of through a hill, if the circuit was not too great ; 
and in very wide valleys, the costly structure of 
arches could be dispensed with. In this case, a 
low horizontal substruction was made across the 
bottom of the valley, and the pipe was brought 
down the one slope, along this substruction, and 
up the opposite slope, to a height, of course, 
somewhat less than that of the opposite side. Tho 
horizontal part of the pipe across the bottom of tho 
valley (miter), had ventilating openings for the 
escape of the air. At the bendings, instead of tho 
pipe, an elbow was bored in a solid piece of stone, 
into which the ends of the adjacent pieces of pipo 
were securely cemented. (For further details, see 
Vitruvius.) In those places where the pipes 
were laid on the surface, reservoirs were sometimes 
made, at intervals of 200 actus (24,000 feet), in 
order that, if a part of the pipe needed rejKiir, the 
supply of water might not be entirely cut off. The 
advantage in the use of pipes, according toVitruvius, 
was the facility of repairing them. 

The slope (fastii/ium), on which the aqueduct 
was built, in order to give the water a proper fall 
(libramrntiim), might not, says Vitruvius, to be 
b'ss than half a font in every 10(1 fri t ( 1 in 2011) ; 
but Pliny only allows a sirilicun (n quarter of nn 
inch) in 100 feet. The grent circuit, which most 
of the aqueducts of Koine made, was taken chicllv 
(as is tin- CBM with tho New Hiver), to prevent 
tin' too rapid drwrnt of the water. There is, 
however, n considerable variation in their de- 
clivities : for example, the Aqua Afarcia and tho 
I 



114 AQUAEDUCTUS. 

Aqua Claudia, though of such different heights at 
Rome, have their sources at the same elevation. 

At convenient points on the course of the aque- 
duct, and especially near the middle and end, 
there was generally a reservoir (piscina, piscina 
limosa) in which the water might deposit any 
sediment that it contained. The construction of 
these reservoirs will be understood from the follow- 
ing woodcut, which represents a restored section of 
one which still exists. 




The water flowed from the aqueduct a into the 
first upper chamber, thence down and up again 
through the openings 6, c, e, into the second upper 
chamber, out of which it passed into the continua- 
tion of the aqueduct /, having deposited its sedi- 
ment in the two lower chambers, which could be 
cleaned out by the door d. The piscina was not 
always vaulted : Hirt, from whose work the above 
cut is taken, gives also an engraving of an open 
piscina. These reservoirs were not always used : 
for example, the Aqua Virgo and the Alsietina 
were without them. They were especially neces- 
sary when the water was conveyed through pipes. 
They were also used as reservoirs for the supply 
of the neighbouring country, chiefly for the pur- 
poses of irrigation. 

The details, which we have now been noticing, 
are minutely described by' Frontinus, and by 
Vitruvius* (viii. c. 7. s. 6), and briefly by Pliny 
(H. N. xxxi. 6. s. 31). 

(3.) The Termination of ilie Aqueduct, and the 
Arrangements for the Distribution of its Water. 
— The water thus conducted to the city was re- 
ceived, when it reached the walls, in a vast reser- 
voir called castcllum, which formed the head of 
water and also served the purpose of a meter. 
The more ancient name in use, when the aque- 
ducts were first constructed, was dividiculum. 
(Fest. s. v.) From this principal castcllum the 
water flowed into other castella, whence it was 
distributed for public and private use. The term 
castellum is sometimes also applied to the inter- 
mediate reservoirs already mentioned. 

The chief castellum was, externally, a highly 
decorated building ; for example, that of Hadrian, 
at Athens, was adorned with Ionic pillars, and 
that at Evora, in Portugal, had the form of a cir- 
cular temple. Internally, there was generally one 
vast chamber, with a vaulted roof supported by 
massive pillars, into which the water flowed from 

* The particular attention which Vitruvius 
pays to the conveyance of water through pipes, 
warrants the supposition that in his time, when 
some of the most important of the aqueducts were 
not yet erected, that method was very largely 
employed. 



AQUAEDUCTUS. 

the aqueduct, and from which it was conducted 
through pipes of fixed dimensions, into three smaller 
reservoirs, which were, however, so arranged, that 
the middle one was only supplied from the over- 
flow of the other tw.o. Of these three reservoirs, 
the two outer supplied respectively the public baths 
and the private houses, and the middle one the 
public ponds and fountains (lacus et salientes) : 
so that, in case of a deficient supply for useful 
purposes, none would be wasted on the fountains ; 
the arrangement also enabled a proper account to 
be kept of the quantity supplied for private use, 
for the protection of the revenue derived from this 
source. (Vitruv. viii. 7. s. 6. §§ 1, 2.) 

The minor castella, which received the water 
from this chief head, were distributed over the 
city, in such a manner that the Aqua Appia sup- 
plied seven regiones by means of twenty castella; 
the Anio Vetus, ten regiones through thirty-five 
castella ; the Marcia, ten regiones through fifty-one 
castella ; the Tcpula, four regiones through fourteen 
castella ; the Julia, seven regiones through seven- 
teen castella; the Virgo, three regiones through 
eighteen castella ; the Claudia and the Anio Vetus, 
ninety-two castella. (Frontin. 79 — 86.) For an 
account of the parts of the city supplied by the 
different aqueducts, see Becker, Handb. d. Rom. 
Alterth. vol.i. pp.707, 708. 

The subjoined plan and elevation represent a 
ruin still remaining at Rome, commonly called the 
" Trophies of Marius," which is generally con- 
sidered to have been the castellum of an aqueduct. 




It is now much dilapidated, but was tolerably 
entire about the middle of the 16th century, as 
may be seen oy the drawing published by Gamucci 
(Antichita di Roma, iii. p. 100), from which this 
restoration is made. The trophies, then remain- 
ing in their places, from which the monument 
derives its modern appellation, are now placed on 
the Capitol. The ground plan is given from an 
excavation made some years since by the students 
of the French Academy ; it explains part of the 
internal construction, and shows the arrangement 
adopted for disposing of the superfluous water of 
an aqueduct. The general stream of water is first 
divided by the round projecting buttress into two 
courses, which subdivide themselves into five minor 
streams, and finally fall into a reservoir. 

The castella were divided into two classes, the 
publica and privata. 



AQUAEDUCTUS. 

The castella publico, were again subdivided into 
six classes, which furnished water for the following 
uses: — (1.) The Praetorian camp {castra) ; (2.) 
the ponds and fountains {lacus et salientes) ; (3.) 
the circus, naumachiae, and amphitheatres {munera) ; 
(4.) the baths, and the service of certain im- 
portant handicrafts, such as the fullers, dyers, and 
tanners {opera publico) ; (.5.) irregular distributions 
made by the special order of the emperor {nomine 
C'oesaris) ; extraordinary grants to private indi- 
viduals by the favour of the prince {beneficia 
Caesaris). The distribution under each of these 
heads is described by Frontinus (3, 78). 

The castella privata were, as the name implies, 
for the supply of private houses. When a supply 
of water from the aqueducts was first granted for 
private uses, each person obtained his quantum by 
inserting a branch pipe, as we do, into the main ; 
which was probably the custom in the age of 
Vitruvius, as he makes no mention of private re- 
servoirs. Indeed, in early times, all the water 
brought to Rome by the aqueducts was applied to 
public purposes exclusively, it being forbidden to 
the citizens to divert any portion of it to their own 
use, except such as escaped by flaws in the ducts 
or pipes, which was termed aqua caduca. (Frontin. 
94.) But as even this permission opened a 
door for great abuses from the fraudulent conduct 
of the aquarii, who damaged the ducts for the 
purpose of selling the aipia caduca, and as the sub- 
sequent method of supply required the main-pipe 
to be punctured in too many places (Frontin. 27), 
a remedy was sought by the institution of castella 
privata, and the public were henceforward for- 
bidden to collect the aqua caduca, unless permission 
was given by special favour (beneficium) of the 
emperor. (Frontin. 111.) The castella privata 
were built at the joint expense of the families 
supplied by them ; but they were considered as 
public property, and were under the control of the 
curatores aquarum. (Frontin. 10G.) The right of 
water {jus aquae impetralae) did not follow the 
heir or purchaser of the property, but was renewed 
by grant upon every change in the possession. 
(Frontin. 107.) 

The leaden cisterns, which each person had in 
his own house to receive the water laid on from 
the castellum privatum, were called castella do- 
mestica. 

All the water which entered the castellum was 
measured, at its ingress and egress, by the size of 
the tube through which it passed. The former 
was called modulus acceplorius, the latter erogato- 
rius. To distribute the water was termed eroyare ; 
the distribution, eroyatio ; the size of the tube, 
fistularum or modulorum capacilas, or lumen. The 
smaller pipes which led from the main to the 
houses of private persons, were called punctae ; 
those inserted by fraud into the duct itself, or into 
the main after it had left the castellum, fittulae 
illicitae. 

The eroyatio was regulated by a tube railed 
calix, of the diameter required, and not less than a 
foot in length, nttached to the extremity of each 
pipe, where it entered the castellum ; it was pro- 
bably of lead in the time of Vitruvius, such only 
being mentioned by him ; but was made of bronze 
(aeneus) when Frontinus wrote, in order to check 
the roguery of the aquarii, who were able to in- 
crease or diminish the How of water from tin- 
reservoir by compressing or extending the lead. 



AQUAE PLUV1AE. 115 

As a further security, the calix was stamped. 
Pipes which had no calix, were termed solutae. 
Frontinus also observes that the velocity of the 
water passing through the calix, and, consequently, 
the quantity given out, could be varied according 
to the angle which the calix made with the side of 
the reservoir : its proper position was, of course, 
horizontal. 

It is evident how watchful an oversight must 
have been required to keep the aqueducts in repair, 
to regulate their use, and to prevent the fraudulent 
abstraction of their water. Under the republic, 
this office was discharged, sometimes, by the 
censors, but more generally by the aediles (Cic. 
ad Uiv. viii. 6), and sometimes a special over- 
seer was appointed. (Frontin. 95, 119.) Augustus 
first established the office of curator (or prae- 
fectus) aquarum (Suet. Octav. 37), the duties 
of which are minutely described by Frontinus (99), 
who seems, while he held the office, to have per- 
formed it with the utmost zeal : among other 
cares, he had plans and models made o: the whole 
course of all the aqueducts (17, t>4). The cu- 
ratores aquarum were invested with considerable 
authority. They were attended outside the city 
by two lictors, three public slaves, a secretary, and 
other attendants. 

In the time of Xerva and Trajan, a body of four 
hundred and sixty slaves were constantly employed 
under the orders of the curatores aquarum in at- 
tending to the aqueducts. They were divided 
into two families, the familia publico, established 
by Agrippa, and the familia Caesaris, added by 
Claudius ; and they were subdivided into the fol- 
lowing classes : — 1. The villici, whose duty it was 
to attend to the pipes and calices. 2. The caslel- 
larii, who had the su|>crintcndencc of all the 
castella, both within and without the city. 3. The 
circuitores, so called because they had to go from 
post to post, to examine into the state of the works, 
and also to keep watch over the labourers em- 
ployed upon them. 4. The silicarii, or paviours, 
who had to remove and relay the pavement when 
the pipes beneath it required attention. 5. The 
tectores, who had charge of the masonry of the 
aqueducts. These and other workmen appear to 
have been included under the general term of 
Aquarii. (Cod. xii. tit. 42 or 43. s. 10 ; Frontin. 
11G, 117.) The following are the most important 
works on the Roman aqueducts : — Frontinus, de 
Aquaed uctibus Urbis Humoe ; Fabretti, <U At/uis 
et Aquaed uctibus Veieris Konuie ; Stirglitz, Ar- 
ch'daloyie dcr JSaukunst ; Ilirt, Geschiclite d. Ilnu- 
kunst ; Plainer and Itunsen, lit fcliriibuny d. Stadt 
Horn; Becker, Ilandbuch d. Jtumisc/irn Altir- 
thumer, vol. i.) | P. S.] 

AQUAE DUCTUS. [Servitutes.] 

AQUAE ET IGNIS INTERDICTIO. 

[Exsn.MM.] 

AQUAE IIAUSTUS. [Servitutks.] 
AQUAE PLUVIAE ARCENDAE ACTIO. 
That water was called m/ua pluriu which fell from 
the clouds, nnd overflowed in consequence of 
showers, and the prevention of injury to laud from 
such water was the object of this nction. The action 
aqmir phiriar was allnwed between the owners of 
udjiiinini; land, and might be maintained either by 
the owner of the higher Innd against the owner of 
tin- low- r land, in ra*.- the latter by any thing done 
to his land (mmm facto o/tcrr) prevented the water 
frmii flowing naturally from the higher to the lower 

i a 



116 



ARA. 



ARA. 



land ; or by the owner of the lower land against 
the owner of the higher land, in case the latter did 
any thing to his land by which the water flowed 
from it into the lower land in a different way from 
what it naturally would. In the absence of any. 
special custom or law to the contrary, the lower 
land was subject to receive the water which flowed 
naturally from the upper land ; and this rule of 
law was thus expressed, — offer inferior superiori 
servit. The fertilising materials carried down to 
the lower land were considered as an ample com- 
pensation for any damage which it might sustain 
from the water. Many difficult questions occurred 
in the application to practice of the general rules 
of law as to aqua pluvia ; and, among others, this 
question, — What things done by the owners of the 
land were to be considered as preventing or alter- 
ing the natural flow of the waters ? The conclusion 
of Ulpian is, that acts done to the land for the pur- 
poses of cultivation were not to be considered as acts 
interfering with the natural flow of the waters. 
Water which increased from the falling of rain, or 
in consequence of rain changed its colour, was con- 
sidered within the definition of aqua pluvia ; for 
it was not necessary that the water in question 
should be only rain water, it was sufficient if there 
was any rain water in it. Thus, when water 
naturally flowed from a pond or marsh, and a per- 
son did something to exclude such water from 
coming on his land, if such marsh received any 
increase from rain water, and so injured the land of 
a neighbour, the person would be compelled by 
this action to remove the obstacle which he had 
created to the free passage of the water. 

This action was allowed for the special pro- 
tection of land (offer) : if the water injured a town 
or a building, the case then belonged to flumina and 
stillicidia. The action was only allowed to prevent 
damage, and therefore a person could not have 
this remedy against his neighbour, who did any 
thing to his own land by which he stopped the 
water which would otherwise flow to that person's 
land and be profitable to it. The title in the 
Digest contains many curious cases. (Dig. 39. 
tit. 3 ; Cic. Pro Muren. 10, Topic. 9 ; Boe'thius, 
Comment, in Cic. Top. iv. 9.) [G. L.] 

AQUA'RIl, were slaves who carried water for 
bathing, &c. into the female apartments : they were 
also called anuarioli, and were held in great con- 
tempt. (Juv. vi. 332 ; Festus, s. v. and Muller's 
Note ; Hieron. Ep. 27 ; Jul. Paul. iii. 7.) Becker 
imagines that the name was also applied to slaves 
who had the care of the fountains and ponds in 
gardens. (Callus, vol. i. p. 288.) The aquarii 
were also public officers who attended to the aque- 
ducts under the aediles, and afterwards under the 
curatores aquarum. (Cic. ad Fam. viii. 6 ; Zeno, 
Cod. .hist. xi. tit. 42 ; Aquaeductus.) [P. S.] 

A'QUILA. [SlGNA MlUTARIA.] 

ARA (^ajx6s, iax^pa, Srvrfyiov), an altar. 
Altars were in antiquity so indispensable a part of 
the worship of the gods, that it seemed impossible 
to conceive of the worship of the gods without 
altars. Thus we have the amusing syllogism in 
Lucian, d yap eicrl jSw^ot, eicrl teal S>eol- aXKa 
/j.7]V do-l fta/io'i, zlo-lu apo. koI &eoi (Jupiter Trag. 
c. 51). In reference to the terms, /3afi6s properly 
signifies any elevation, and hence we find in 
Homer lepbs Pa>/x6s, but it afterwards came to be 
applied to an elevation used for the worship of the 
gods, and hence an altar. 'Ecrxdpa was used in 



the limited sense of an altar for burnt-offerings. 
In Latin ara and altare are often used without 
any distinction, but properly ara was lower than 
altare : the latter was erected in honour of the 
superior gods, the former in honour of the inferior, 
heroes and demigods. Thus we read in Virgil 
(Eel. v. 65): — 

" En quattuor aras : 
Ecce duas tibi, Daphni; duas, altaria, Phoebo." 

On the other hand, sacrifices were offered to the 
infernal gods, not upon altars, but in cavities 
(scrobes, scrobiculi, f368pot, Aa/c/coi) dug in the 
ground. (Festus, s. v. Altaria.) 

As among the ancients almost every religious 
act was accompanied by sacrifice, it was often 
necessary to provide altars on the spur of the oc- 
casion, and they were then constructed of earth, 
sods, or stones, collected on the spot. When the 
occasion was not sudden, they were built with 
regular courses of masonry or brickwork, as is 
clearly shown in several examples on the column 
of Trajan at Rome. See the left-hand figure in 
the woodcut annexed. The first deviation from 
this absolute simplicity of form consisted in the 
addition of a base, and of a corresponding projec- 
tion at the top, the latter being intended to hold 
the fire and the objects offered in sacrifice. These 
two parts are so common as to be almost uniform 
types of the form of an altar, and will be found in 
all the figures inserted underneath. 




Altars were either square or round. The latter 
form, which was the less common of the two, is 
exemplified in the following figures. 




In later times altars were ornamented with fes- 
toons and garlands of flowers ; and the altar repre- 
sented in the next cut shows the manner in which 
these festoons were suspended. They were also 
adorned with sculpture ; and some were covered 
with the works of the most celebrated artists of 
antiquity. The first cut above exhibits a specimen 
of the elaborate style, the outline of an Etruscan 
altar, in contrast with the unadorned altar. If an 
altar was erected before a statue of a god, it was 
always to be lower than' the statue before which it 



ARATEIA. 

was placed (Vitruv. iv. 9). Of this we have an 
example in a medallion on the Arch of Constantine 
at Rome, representing an altar erected before a 
statue of Apollo. See the annexed cut. 




It was necessary that an altar should be built 
in the open air, in order that the steam of the 
sacrifice might be wafted up to heaven, and it 
might be built in any place, as on the side of a 
mountain, on the shore of the sea, or in a sacred 
grove. But as the worship of the gods was in 
later times chiefly connected with temples, altars 
became an indispensable part of the latter, and 
though there could be altars without temples, there 
could hardly be temples without altars. The altars 
of burnt-offerings, at which animal sacrifices were 
presented, were erected before the temples (^w^oX 
irpovaoi, Acsch. Sujrpl. 497), as shown in the wood- 
cut in the article Antae ; but there were also 
altars, on which incense was burnt and bloodless 
sacrifices offered, within the temple, and principally 
before the statue of the divinity to whom they were 
dedicated. All altars were places of refuge. The 
supplicants were considered as placing themselves 
under the protection of the deities to whom the 
altars were consecrated ; and violence to the unfor- 
tunate, even to slaves and criminals, in such cir- 
cumstances, was regarded as violence towards the 
deities themselves. It was also the practice among 
the Greeks to take solemn oaths at altars, cither 
taking hold of the altar or of the statue of the god. 
Cicero (pro Balk. 5) expressly mentions this as a 
Greek practice. (Comp. K. F. Hermann, Qotte$- 
dienst. Alterth. d. Grieclien, $ 17, and § 22. n. 9.) 
A li.AKOSTYI.iOSi [Tmflom.] 
ARATKIA (ipirtia), two sacrifices offered 
every year nt Sicvon in honour of Aratus, the 
general of the Achaean.i, who after hia death was 
honoured by his countrymen as a hero, in consequence 
of the command of an oracle. (Paus. ii. 9. § 4.) 
The full account of the two festive days is prc- 
■med in Plutarch'* Life of Aratus (c. 63). The 
Sicyonians, says he, offer to Arntus two sacrifices 



ARATRUM. 117 
every year: the one on the day on which he 
delivered his native town from tyranny, which 
is the fifth of the month of Daisius, the same 
which the Athenians call Anthesterion ; and this 
sacrifice they call a-wT-qpia. The other they cele- 
brate in the month in which they believe that he 
was born. On the first, the priest of Zeus offered 
the sacrifices ; on the second, the priest of Aratus, 
wearing a white ribbon with purple spots in the 
centre, songs being sung to the lyre by the 
actors of the stage. The public teacher (yv/xva- 
(riapxos) led his boys and youths in procession, 
probably to the heroum of Aratus, followed by the 
senators adorned with garlands, after whom came 
those citizens who wished to join the procession. 
The Sicyonians still observe, he adds, some parts 
of the solemnity, but the principal honours have 
been abolished by time and other circumstances. 
(Wachsmuth, ITellen. Alterth. vol. ii. p.528.) [L.S.] 

ARA'TRUM (aporpov), a plough. The 
Greeks appear to have had from the earliest 
times diversities in the fashion of their ploughs. 
Hesiod (Op. ct Dies, 432) advises the farmer to 
have always two ploughs, so that if one broke the 
other might be ready for use ; and they were to be 
of two kinds, the one called aiiroyvov, because in it 
the plough-tail (yw]S,buris, bum) was of the same 
piece of timber with the share-beam (eAujua, dens, 
dentate) and the pole (jivfios, 'unogotvs, tento) ; and 
the other called itijktoV, i. e. compacted, because in 
it the three above-mentioned parts, which were 
moreover to be of three different kinds of timber, 
were adjusted to one another, and fastened to- 
gether by means of nails (y6fi<poio-iv). (Comp. 
Horn. //. x. 353, xiiL 703.) 

The method of forming a plough of the former 
kind was by taking a young tree with two branches 
proceeding from its trunk in opposite directions, so 
that whilst in ploughing the trunk was made to 
serve for the pole, one of the two branches stood 
upwards and became the tail, and the other pene- 
trated the ground, and, being covered sometimes 
with bronze or iron, fulfilled the purpose of a share. 
This form is exhibited in the uppermost figure of 
the annexed woodcut, taken from a medal. The 




next figure shown the plough still used in Mysia, 

as Ih-iI and del it. il by Sir ('. Fellows. It 

is a little more complicated than the first plough, 
inasmuch as it consists of two pieces of timber in- 
stead of nni\ a handle (/x' T *1. .</"</) brim; inserted 
into the larger piece nt one side of it. SirC PeUWl 
i 3 



118 



ARATRUM. 



ARATRUM. 



{Excursion in Asia Minor, 1838, p. 71) observes 
that each portion of this instrument is still called 
by its ancient Greek name, and adds, that it seems 
suited only to the light soil prevailing where he 
observed it, that it is held by one hand only, that 
the form of the share (vvvis) varies, and that the 
plough is frequently used without any share. " It 
is drawn by two oxen, yoked from the pole, and 
guided by a long reed or thin stick (icarpivos), 
which has a spud or scraper at the end for cleaning 
the share." See the lowest figure in the woodcut. 

Another recent traveller in Greece gives the 
following account of the plough which he saw in 
that country — a description approaching still nearer 
to the irqKTOV aporpov of Homer and Hesiod. " It 
is composed," says he, " of two curved pieces of 
wood, one longer than the other. The long piece 
forms the pole, and one end of it being joined to 
the other piece about a foot from the bottom, 
divides it into a share, which is cased with iron, 
and a handle. The share is, besides, attached to 
the pole by a short cross-bar of wood. Two oxen, 
with no other harness than yokes, are joined to the 
pole, and driven by the ploughman, who holds the 
handle in his left hand, and the goad in his right." 
(Hobhouse, Journey through Albania, &c, vol. i. 
p. 140.) A view of the plain of Elis, representing 
this plough in use, is given by Mr. S. Stanhope in 
his Olympia (p. 42). 

The yoke and pole used anciently in ploughing 
did not differ from those employed for draught in 
general. Consequently they do not here require 
any further description. [Jugum.] To the bottom 
of the pole, in the compacted plough, was attached 
the plough-tail, which, according to Hesiod, might 
be made of any piece of a tree (especially the 
■wp'ivos, i. e. the ilex, or holm-oak), the natural 
curvature of which fitted it to this use. But in 
the time and country of Virgil pains were taken 
to force a tree into that form which was most ex- 
actly adapted to the purpose. (Georg. i. 169, 170.) 
The upper end of the buris being held by the 
ploughman, the lower part, below its junction with 
the pole, was used to hold the share-beam, which 
was either sheathed with metal, or driven bare into 
the ground, according to circumstances. 

To these three continuous and most essential 
parts, the two following are added in the descrip- 
tion of the plough by Virgil : — 

1. The earth-boards, or mould-boards (aures}, 
rising on each side, bending outwardly, in such a 
manner as to throw on either hand the soil which 
had been previously loosened and raised by the 
share, and adjusted to the share-beam which was 
made double for the purpose of receiving them : — 

" Binae aures, duplici aptantur dentalia dorso." 

According to Palladius (i. 43), it was desirable to 
have ploughs both with earth-boards (uurita) and 
without them (simplicia). 

2. The handle (stiva), which is seen in Fel- 
lows's woodcut, and likewise in the following re- 
presentation of an ancient Italian plough. Virgil 
considers this part as used to turn the plough at 
the end of the furrow. " Stivaque, quae currus a 
tergo torqueat imos." Servius, however, in his 
note on this line explains stiva to mean " the 
handle by which the plough is directed." It is pro- 
bable that, as the dentalia, i. e. the two share-beams, 
which Virgil supposes were in the form of the 
Greek letter A, which he describes by duplici dorso, 



the buris was fastened to the left share-beam, and 
the stiva to the right, so that, instead of the simple 
plough of the Greeks, that described by Virgil, and 
used, no doubt, in his country (see the following 
woodcut), was more like the modern Lancashire 
plough, which is commonly held behind with both 
hands. Sometimes, however, the stiva (ix&r\y 
Hes. Op. et Dies, 467) was used alone and instead 
of the tail, as in the Mysian plough above repre- 
sented. To a plough so constructed the language 
of Columella was especially applicable, " Arator 
stivae paene rectus innititur" (i. 9) ; and the ex- 
pressions of Ovid, " Stivaeque innixus arator " 
(Met. viii. 218), and " Inde premens stivam de- 
signat moenia sulco." (Fast. iv. 825.) In place of 
" stiva," Ovid also uses the less appropriate term 
" capulus" (Ep. dePonto, i. 8. 61) ; "Ipse manu 
capulum prensi moderatus aratri." When the plough 
was held either by the stiva alone, or by the buris 
alone, a piece of wood (mcmicula) was fixed across 
the summit, and on this the labourer pressed with 
both hands. Besides guiding the plough in a 
straight line, his duty was to force the share to a 
sufficient depth into the soil. Virgil alludes to this 
in the phrase " Depresso aratro " (Georg. i. 45). 
The cross-bar, which is seen in Mr. Fellows's 
drawing, and mentioned in Sir J. C. Hobhouse's 
description, and which passes from the pole to the 
share for the purpose of giving additional strength, 
was called airaS-t), in Latin fulcrum. The coulter 
(culter, Plin. H. N. xviii. 48) was used by the 
Romans as it is with us. It was inserted into the 
pole so as to depend vertically before the share, 
cutting through the roots which came in its way, 
and thus preparing for the more complete loosening 
and overturning of the soil by the share. 

About the time of Pliny two small wheels (rotae, 
rotulae) were added to the plough in Rhaetia ; and 
Servius (I. c.) mentions the use of them in the 
country of Virgil. The annexed woodcut shows 
the form of a wheel-plough, as represented on a 
piece of engraved jasper, of Roman workmanship. 
It also shows distinctly the temo or pole, the 
coulter or culter, the dentate or share-beam, the 
buris or plough-tail, and the handle or stiva. 




ARCHIATER. 



ARCHIATER. 



119 



plough now used about Mantua and Venice, of 
which an engraving is given above. 1. Buris. 
2. Temo. 3. Dentalc. 4. Culter. 5. Vomer. 
6. Aures. 

Respecting the operation of ploughing, see 
Agricultura, p. 49. [J. Y.] 

A'RBITER. [Judex.] 

ARBITRA'RIA A'CTIO. [Actio.] 

ARCA, a chest or coffer. — 1. A chest, in which 
the Romans were accustomed to place their money: 
the phrase ex area solvere had the meaning of 
paying in ready money. (Comp. Cic. ad Att. i. 
9.) These chests were either made of or bound 
with iron, or other metals. (Juv. xi. 26, xiv. 259.) 
The name area was usually given to the chests 
in which the rich kept their money, and was op- 
posed to the smaller loculi (Juv. i. 89), sacculus 
(Juv. xi. 2G), and crumena. 

2. Area puhlica was used under the empire to 
signify the city-funds, which were distinct from 
the aerarium and the fiscus, and the administra- 
tion of which belonged to the senate. (Vopisc. 
Aurel. 20.) The name area was, however, also 
used as equivalent to Jiscus, that is, the imperial 
treasury : thus, we read of the area frumentaria, 
area olearia, area vinaria, &c. (Symm. x. 33 ; 
compare Uig. .50. tit. 4. s. 1.) 

3. Area also signified the coffin in which persons 
were buried (Aur. Vict. De Vir. III. 42 ; Lucan, 
viii. 736), or the bier on which the corpse was 
placed previously to burial. (Dig. 11. tit. 7. s. 7.) 

4. It was also a strong cell made of oak, in which 
criminals and slaves were confined. (Cic. J'ru 
Milan, c. 22 ; Festus, s. r. Robvm.) 

A'KCERA, a covered carriage or litter, spread 
with cloths, which was used in ancient times in 
Rome, to carry the aged and infirm. It is said to 
have obtained the name of arcera on account of its 
resemblance to an area. (Varr. L. L. v. 140, ed. 
Miiller ; Gcll. xx. 1.) 

ARCH EI ON (&PX € ""') properly means any 
public place belonging to the magistrates (comp. 
Herod, iv. 62), but was more particularly applied 
at Athens to the archive office, where the decrees 
of the people and other state documents were pre- 
served. This office is sometimes called merely rb 
iTHidawv. (Dem. de Cur. p. 275.) At Athens the 
archives were kept in the temple of the mother of 
the gods (fffirpipov), and the charge of it was in- 
trusted to the president (iirin-T 6.ths) of the senate 
of the Five-hundred. (Dem. de Fah. Isi). p. 381, 
in Afittog. i. p. 799 ; Fans. i. 3. § 4.) 

ARCHIATER (apxtarpos, compounded of 
ipxo* or Hpx^", a chief, and iarp6s, a physician), 
a medical title under the Roman emperors, the 
exact signification of which has been the subject 
of much discussion ; for while some persons in- 
terpret it u the chief of the physicians " (quasi 
&PXM t<>>i> iarpiiv) others explain it to mean " the 
physician to the prince " (quasi too &pxovrot 
tarp6\). 1,'pon the whole it seems tolerably cer- 
tain that the former is the true meaning of the 
word, and for these reasons: — 1. From its ety- 
mology it can hardly have any other sense, and 
of all the words similarly formed (*px ,T ' Krw >'t 
apxi'rpiK\ivnt, apx'fT'VKoirai, &c.) tnere is not 
one that has any reference to " the prince" 2. We 
find the title applied to physicians who lived at 
Edessa, Alexandria, Sec., where no king was at 
that time reigning. 3. Oalcn (de Thrr. ad /'is. c. I, 
vol. xiv. p. 21 1, ed. Kuhii) speaks of Andromochui 



being appointed " to rule over " the physicians 
(£px e "')i i. e., in fact, to be " archiater." 4. Au- 
gustine (De Civit. Dei, iii. 17) applies the word to 
Aesculapius, and St Jerome (metaphorically of 
course) to our Saviour (xiii. Homil. in S. Luc.), 
in both which cases it evidently means " the chief 
physician." 5. It is apparently synonymous with 
protomedicus, supra medicos, dominus mcdicorum, 
and superposilus medicorum, all which expressions 
occur in inscriptions, &c, and also with the title 
Rais 'a/a 'l-atelbu, among the Arabians. 6. We 
find the names of several persons who were phy- 
sicians to the emperor, mentioned without the ad- 
dition of the title archiater. 7. The archiatri were 
divided into Archiatri sancti palatii, who attended 
on the emperor, and Archiatri jiopulares, who at- 
tended on the people ; so that it is certain that all 
those who bore this title were not " physicians to 
the prince." The chief argument in favour of the 
contrary opinion seems to arise from the fact, that 
of all those who are known to have held the office 
of Archiatri the greater pare certainly were also 
physicians to the emperor ; but this is only what 
might a priori be expected, viz. that those who 
had attained the highest rank in their profession 
would be chosen to attend upon the prince. * 

The first person whom we find bearing this title 
is Andromachus, physician to Nero, and inventor 
of the Theriaca (Galen. /. c. ; Erotian. Lex. Voc. 
Btppocr. Praef.) : but it is not known whether he 
had at the same time any sort of authority over the 
rest of the profession. In fact, the history of the 
title is as obscure as its meaning, and it is chiefly 
by means of the laws respecting the medical pro- 
fession that we learn the rank and duties attached 
to it. In after times (as was stated above) the 
order appears to have been divided, and we find 
two distinct classes of archiatri, viz. those of the 
palace and those of the people. (Cod. Thcodos. 
xiii. tit. 3 ; De Medicis et Professoribus.) The 
archiatri sancti jmlatii were persons of high rank, 
who not only exercised their profession, but were 
judges on occasion of any disputes that might occur 
among the physicians of the place. They had 
certain privileges granted to them, c. g. they were 
exempted from all taxes, as were also their wives 
and children ; they were not obliged to lodge 
soldiers or others in the provinces ; they could not 
be put in prisjn, &c. ; for though these privileges 
seem at first to have been common to all phvi.ii i.ins 
(Cod. Just. x. tit. 52. s. 6. Medicos et maxime 
Archiatros), vet afterwards they were confined to 
the archiatri of the palace, and to those of Rome. 
When they obtained their dismissal from attend- 
ance on the emperor, either from old age or any 
other cause, they retained the title cx-arrhiatri, 
or ex-arcliiatris. (Cod. x. tit. 52. leg. 6.) The 
arcliiatri populares were established for the relief 
of the poor, and each city was to be provided with 
five, seven, or ten, according to its size. (Dig. 
27. tit. 1. s. 6.) Rome had fourteen, besides one 
for the vestal virgins, and one for the gymnasia. 
(Cod. Thcodos. /. r.) They were paid by the go- 
vernment, and were therefore obliged to attend 
their poor patients gratis ; but were allowed to re- 
ceive fees from the rich. (Cod. Theodos. r.) The 
archiatri populares were not appointed by the 

• Just ns in England the President of the Col- 
lege of Physicians is (or used to be) ex-ofhcio phy ■ 
aiciau to the sovereign. 

I i 



120 ARCHITECTURA. 



ARCHITECTURA. 



governors of the provinces, but were elected by the 
people themselves. (Dig-. 50. tit. 9. s. 1.) The 
office appears to have been more lucrative than that 
of archiatri sancti palatii, though less honourable. 
In later times, we find in Cassiodorus (see Meibom. 
Comment, in Cass. Formul. Archiatr. Helmst. 1668) 
the title " comes archiatrorum," "count of the arch- 
iatri," together with an account of his duties, by 
which it appears that he was the arbiter and judge 
of all disputes and difficulties, and ranked among 
the officers of the empire as a vicarius or dux. 
(See Le Clerc, and Sprengel, Hist, de la Med. 
Further information on the subject may be found 
in several works referred to in the Oxford edition 
of Theophilus De Corp. Hum. Fair. p. 275 ; and 
in Goldhom, De Archiatris Romanis et eorum Ori- 
gine usque ad finem imperii Romani Occidentalis, 
Lips. 1841.) [W.A.G.] 

ARCHIMI'MUS. [Mimus.] 

ARCHITECTU'RA (apx^KTOvia, apxireK- 
roviicri), in its widest sense, signifies all that we 
understand by architecture, and by civil and mili- 
tary engineering : in its more restricted meaning, it 
is the science of building according to the laws of 
proportion and the principles of beauty. In the 
former sense, it has its foundation in necessity : in 
the latter, upon art taking occasion from necessity. 
The hut of a savage is not, properly speaking, a 
work of architecture; neither, on the other hand, 
is a building in which different and incongruous 
styles are exhibited side by side. An architectural 
construction, in the artistic sense, must possess not 
only utility, but beauty, and also unity : it must be 
suggestive of some idea, and referable to some 
model. 

The architecture of every people is not only a 
most interesting branch of its antiquities, but also 
a most important feature in its history ; as it forms 
one of the most durable and most intelligible evi- 
dences of advancement in civilization. If the 
Greek and Roman literature and history had been 
a blank, what ideas of their knowledge, and power, 
and social condition would their monuments have 
still suggested to us ! What a store of such ideas 
is even now being developed from the monuments 
of Asia, Egypt, and America ! 

The object of the present article is to give a very 
compendious account of the history and principles 
of the art, as practised by the Greeks and Romans. 
The details of the subject will be, for the most 
part, referred to their separate and proper heads. 
The lives of the architects will be found in the 
Dictionary of Greek and Roman Mythology and 
Biography. 

It is well observed by Stieglitz that architecture 
has its origin in nature and religion. The neces- 
sity for a habitation, and the attempt to adorn those 
habitations which were intended for the gods, are 
the two causes from which the art derives its ex- 
istence. In early times we have no reason to sup- 
pose that much attention was paid to domestic 
architecture, but we have much evidence to the 
contrary. The resources of the art were lavished 
upon the temples of the gods ; and hence the 
greater part of the history of Grecian architecture 
is inseparably connected with that of the temple, 
and has its proper place under Templum, and the 
subordinate headings, such as Columna, under 
which heads also the different orders are described. 

But, though the first rise of architecture, as a 
fine art, is connected with the temple, yet, viewed 



as the science of construction, it must have been 
employed, even earlier, for other purposes, such as 
the erection of fortifications, palaces, treasuries, and 
other works of utility. Accordingly, it is the 
general opinion of antiquaries, that the very earliest 
edifices, of which we have any remains, are the so- 
called Cyclopean works, in which we see huge 
unsquared blocks of stone built together in the best 
way that their shapes would allow ; although it 
can be proved, in some instances, that the rudeness 
of this sort of work is no sufficient proof of its very 
early date, for that it was adopted, not from want 
of skill, but on account of the object of the work, 
and the nature of the materials employed. (Bun- 
bury, On Cyclopean Remains in Central Italy, in the 
Classical Museum, vol. ii.) [Murus.] Theaccount 
of the early palaces cannot well be separated from 
that of domestic architecture in general, and is 
therefore given under Domus ; that of erections in- 
tended, or supposed to be intended, for treasuries, 
will be found under Thesaurus. 

In addition to these, however, there are other 
purposes, for which architecture, still using the 
term in its lower sense, would be required in a 
very early stage of political society ; such as the 
general arrangement of cities, the provision of 
a place for the transaction of public business, 
with the necessary edifices appertaining to it 
[Agora, Forum], and the whole class of works 
which we embrace under the head of civil en- 
gineering, such as those for drainage [Cloaca, 
Emissarius], for communication [Via, Pons], 
and for the supply of water [Aquaeductus]. The 
nature of these several works among the Greeks 
and Romans, and the periods of their development, 
are described under the several articles. Almost 
equally necessary are places devoted to public ex- 
ercise, health, and amusement, Gymnasium, Sta- 
dium, Hippodromus, Circus, Balneum, Thea- 
trum, Amphitheatrum. Lastly, the skill of 
the architect has been from the earliest times em- 
ployed to preserve the memory of departed men 
and past events ; and hence we have the various 
works of monumental and triumphal architecture, 
which are described under the heads Funus, 
Arcus, Columna. 

The materials employed by the architect were 
marble or stone, wood, and various kinds of earth, 
possessing the property of being plastic while moist 
and hardening in drying, with cement and metal 
clamps for fastenings : the various metals were also 
extensively used in the way of ornament. The de- 
tails of this branch of the subject are given in the 
descriptions of the several kinds of building. 

The principles of architectural science are utility, 
proportion, and the imitation of nature. The first 
requisite is that every detail of a building should 
be subordinate to its general purpose. Next, the 
form of the whole and of its parts must be derived 
from simple geometrical figures ; namely, thestraight 
line, the plane surface, and regular or symmetrical 
rectilinear figures, as the equilateral or isosceles 
triangle, the square or rectangle, and the regular 
polygons ; symmetrical curves, as the circle and 
ellipse ; and the solids arising out of these various 
figures, such as the cube, the pyramid, the cylinder, 
the cone, the hemisphere, &c. Lastly, the orna- 
ments, by which these forms are relieved and 
beautified, must all be founded either on geo- 
metrical forms or on the imitation of nature. 

To this outline of the purposes and principles of 



ARCHITECTURA. 



ARCHOX. 



121 



the art, it only remains to subjoin a brief sketch of 
its history, which Hirt and Miiller divide into five 
periods : the first, which is chiefly mythical, comes 
down to the time of Cypselus, 01. 30, B. c. 660 
(Miiller brings this period down to the 50th Olym- 
piad, B. c. 580) : the second period comes down to 
the termination of the Persian war, 01. 75. 2, B. c. 
478 (Miiller brings it down to 01. 80, B. c. 460) : 
the third is the brilliant period from the end of the 
Persian war to the death of Alexander the Great, 
OL 114, B. c. 323 (Miiller closes this period with 
the death of Philip, 01. Ill, R c. 336) : the fourth 
period is brought down by Hirt to the battle of 
Actium, B. c. 31, but by Miiller only to the 
Roman conquest of Greece, B.C. 146; the latter 
division has the convenience of marking the tran- 
sition from Greek to Roman architecture: Hirt's 
fifth period is that of the Roman empire, down to 
the dedication of Constantinople, a. d. 330 ; while 
Miillcr's fifth period embraces the whole history of 
Roman architecture, from the time when it began 
to imitate the Greek, down to the middle ages, 
when it became mingled with the Gothic : Hirt's 
division requires us to draw a more definite line of 
demarcation than is possible, between the Roman 
and Byzantine styles, and also places that line too 
early. 

The characteristics of these several periods will 
be developed under the articles which describe the 
several classes of buildings : they are therefore 
noticed in this place with the utmost possible 
brevity. Our information respecting the first period 
is derived from the Homeric poems, the tradi- 
tions preserved by other writers, and the most 
ancient monuments of Greece, Central Italy, and 
the coast of Asia Minor. Strongly fortified cities, 
palaces, and treasuries, are the chief works of 
the earlier part of this period ; and to it may be 
referred most of the so-called Cyclopean remains ; 
while the era of the Dorian invasion marks, in 
all probability, the commencement of the Dorian 
style of temple architecture. The principal names 
of artists belonging to this period are Daedalus, 
Euryalus, Hypcrbius, Docius, and some others. In 
the second period the art made rapid advances 
under the powerful patronage of the aristocracies 
in some cities, as at Sparta, and of the tyrants in 
others, 'as Cypselus at Corinth, Theagncs at Mcgara, 
Clcisthcncs at Sicyon, the Pcisistratids at Athens, 
and Polycratcs at Samos. Architecture now as- 
sumed decidedly the character of a fine art, and 
became associated with the sister arts of sculpture 
and painting, which are essential to its develop- 
ment. The temples of particular deities were en- 
riched and adorned by presents, such as those 
which Croesus sent to the Pythian Apollo. Mag- 
nificent temples sprung up in all the principal 
Greek cities ; and while the Doric order was 
brought almost, if not quite, to perfection, in Greece 
Proper, in the Doric colonies of Asia Minor, and 
in Central Italy and Sicily, the Ionic order ap- 
peared, already perfect at its first invention, in the 
great temple of Artemis at Kphesus. The ruins 
still existing at PaettniD, Syracuse, Agrigentum, 
Selinus, Acgina,and other places, arc imperishable 
monuments of this period. Nor were works of 
utility neglected, as we sec in the fountain of the 
Pei.iistratida at Athens, the aqueduct at Samos 
[Atj(',iKDi;c'rus], the sewers (vjrSvu/wi) and baths j 
(Ko\vfiSiiBpa) at Agrigentum. To this p< riod also 
belong the great works of the Roman kings. The | 



commencement of the third and most brilliant 
period of the art was signalized by the rebuilding 
of Athens, the establishment of regular principles 
for the hying out of cities by Hippodamus of Mile- 
tus, and the great works of the age of Pericles, by 
the contemporaries of Pheidias, at Athens, Eleusis, 
and OljTnpia ; during its course every city of 
Greece and her colonies was adorned with splendid 
edifices of every description ; and its termination 
is marked by the magnificent works of Deinocrates 
and his contemporaries at Alexandria, Antiuch, 
and other cities. The first part of the fourth pe- 
riod saw the extension of the Greek architecture 
over the countries conquered by Alexander, and, 
in the West, the commencement of the new style, 
which arose from the imitation, with some alter- 
ations, of the Greek forms by Roman architects, 
to which the conquest of Greece gave, of course, 
a new impulse. By the time of Augustus, Rome 
was adorned with every kind of public and pri- 
vate edifice, surrounded by villas, and furnished 
with roads and aqueducts ; and these various 
erections were adorned by the forms of Grecian 
art ; but already Vitruvius begins to complain that 
the purity of that art is corrupted by the intermix- 
ture of heterogeneous forms. This process of dete- 
rioration went on rapidly during the fifth period, 
though combined at first with increasing mag- 
nificence in the scale and number of the buildings 
erected. The early part of this period is made illus- 
trious by the numerous works of Augustus, and his 
successors, especially the Flavii, Nerva, Trajan, 
Hadrian, and the Antonines, at Rome and in the 
provinces ; but from the time of the Antonines the 
decline of the art was rapid and decided. In one 
department, a new impulse was given to architec- 
ture by the rise of Christian churches, which were 
generally built on the model of the Roman Basilica. 
One of the most splendid specimens of Christian 
architecture is the church of S. Sophia at Constan- 
tinople, built in the reign of Justinian, a. d. 537, 
and restored, after its partial destruction by an 
earthquake, in 554. But, long before this time, 
the Greco-Roman style had become thoroughly 
corrupted, and that new style, which is called the 
Byzantine, had arisen out of the mixture of Roman 
architecture with ideas derived from the Northern 
nations. It is beyond our limits to pursue the 
history of this and later styles of the art. 

Of the ancient writers, from whom our knowledge 
of the subject is derived, the most important is, of 
course, Vitruvius. The following are the principal 
modern works on the general subject : — Winckel- 
mann, Anmcrkunycn ulier die liaukunst der Allen, 
1762; Stieglitz, Archiiohffie der Bauhmit, 1 1101, 
and (Jeschiehte der Iiuukunst, 1 827 ; 1 1 irt, liaukunst 
nach den Grunds'dlzen der Allen, 180!), and (les- 
cliichte der liaukunst lei den Allen, 1821; Miiller, 
Ilundhuch der Arc/iiiolorpe der Kunst, 1825 ; the 
various works of travels, topography, and anti- 
quities, such as those of Stuart, Chandler, Clarke, 
Dodwell, tic, all the most important of which 
will be found cited by the authorities referred to; 
and, for Central Italy, MUIler's Etrusker, and 
Abekcn's AfittclitaJien ror der HomuccArn Ilerr- 
tclia/t. [P. S.] 

ARCHITIIEO'Rl'S. [Dklia.] 

ARCHON (&px<ii>). The government of 
Athens nppear* to have gone through the cycle of 
changes, which ancient history records as the lot of 
many other slates. It began with monarchy ; and 



122 



ARCHON. 



ARCHON. 



after passing through a dynasty * and aristocracy, 
ended in democracy. Of the kings of Athens, con- 
sidered as the capital of Attica, Theseus may 
be said to have been the first ; for to him 
whether as a real individual or a representative 
of a certain period, is attributed the union of the 
different and independent states of Attica under 
one head. (Thuc. ii. 15.) The last was Codrus ; 
in acknowledgment of whose patriotism in 
meeting death for his country, the Athenians 
are said to have determined that no one should 
succeed him with the title of jSatriXeus, or king. 
It seems, however, equally probable, that it was 
the nobles who availed themselves of this oppor- 
tunity to serve their own interests, by abolish- 
ing the kingly power for another, the possessors of 
which they called 'apxovres, or rulers. These for 
some time continued to be, like the kings of the 
house of Codrus, appointed for life : still an impor- 
tant point was gained by the nobles, the ofiice 
being made vnevdvvos, or accountable (Paus. iv. 5. 
§ 4 ; Dem. c. Neaer. p. 1 370 ; Aristot. Polit. ii. 
9 ; Bockh, Pub. Econ. of AtJ/ens, vol. ii. p. 27. 
1st ed.), which of course implies that the nobility 
had some control over it ; and perhaps, like the 
barons of the feudal ages, they exercised the power 
of deposition. 

This state of things lasted for twelve reigns of 
archons. The next step was to limit the continu- 
ance of the office to ten years, still confining it to 
the Medontidae, or house of Codrus, so as to esta- 
blish what the Greeks called a dynasty, till the 
archonship of Eryxias, the last archon of that family 
elected as such, and the seventh decennial archon. 
(Clinton, F. H., vol. i. p. 182.) At the end of his 
ten years (b. c. 684), a much greater change took 
place : the archonship was made annual, and its 
various duties divided among a college of nine, 
chosen by suffrage (x^'poTovia) from the Eupa- 
tridae, or Patricians, and no longer elected from the 
Medontidae exclusively. This arrangement con- 
tinued till the timocracy established by Solon, who 
made the qualification for office depend not on 
birth, but property, still retaining the election by 
suffrage, and, according to Plutarch, so far im- 
pairing the authority of the archons and other 
magistrates, as to legalise an appeal from them 
to the courts of justice instituted by himself. 
("Oca rats apx&is era^e Kplveiv, dfiolas Kai wepl 
ikelvuv els to SiKao-TrjpLov etyiffeis efiuKev, 
Plut. Solon. 18.) The election by lot is believed 
to have been introduced by Cleisthenes (b. c. 
508 ; Herod, vi. 109) ; for we find this practice 
existing shortly after his time ; and Aristotle 
(Polit. ii. 9) expressly states that Solon made no 
alteration in the a'ipecris, or mode of election, but 
only in the qualification for office. If, however, 
there be no interpolation in the oath of the 
Heliasts (Dem. c. Timocr. p. 747), we are forced 
to the conclusion that the election by lot was 
as old as the time of Solon ; but the authority 
of Aristotle and other evidence strongly incline 
us to some such supposition, or rather leave 
no doubt of its necessity. The last change is sup- 
posed to have been made by Aristeides (Tpdcpet 
^■fl(pt<Tfj.a koiv^v elvai rrjv TvoXireiav, Kai robs dpxov- 
ras e£ ' hdy]vaiwv itdvTuv alpuoSai, Plut. Arist. 
22), who, after the battle of Plataea (b. o. 479), 

* By this is meant that the supreme power, though 
not monarchical, was confined to one family. 



abolished the property qualification, throwing open 
the archonship and other magistracies to all the citi- 
zens, that is, to the Thetes, as well as the other 
classes, the former of whom were not allowed by 
Solon's laws to hold any magistracy at all ; in con- 
formity with which, we find that, even in the time 
of Aristeides, the archons were chosen by lot from 
the wealthiest class of citizens (oi irevTaKoaio- 
fiiSifjivoi, Plut. Arist. ad init.). 

Still, after the removal of the old restrictions, 
some security was left to insure respectability ; 
for, previously to an archon entering on office, he 
underwent an examination called the avaKpiais 
(Pollux, viii. 85 ; Deinar. c.Aristog. p. 107 ; robs 
evvea apxovTas avaKplvere el foveas ev -aoioxiaiv. 
Dem. c. Evhul. p. 1320), as to his being a legi- 
timate and a good citizen, a good son, and qualified 
in point of property : el to rl/j.rip.d iffriv avTai • 
was the question put. Now, there are (Scho- 
mann, De Comitiis, p. 312. ; Bockh, vol. ii. p. 277) 
strong reasons for supposing that this form of ex- 
amination continued even after the time of Ari- 
steides ; and if so, it would follow that the right 
in question was not given to the Thetes pro- 
miscuously, but only to such as possessed a cer- 
tain amount of property. But even if it were so, 
it is admitted that this latter limitation soon be- 
came obsolete ; for we read in Lysias ('Tirep rod 
'ASvvdrov, p. 169), that a needy old man, so 
poor as to receive a state allowance, was not dis- 
qualified from being archon by his indigence, but 
only by bodily infirmity ; freedom from all such 
defects being required for the office, as it was in 
some respects of a sacred character. Yet, even after 
passing a satisfactory avaKpiffis, each of the archons, 
in common with other magistrates, was liable to 
be deposed, on complaint of misconduct made be- 
fore the people, at the first regular assembly in each 
prytany. On such an occasion, the eirixeipo- 
Tov'ia, as it was called, took place ; and we 
read (Dem. c. Tlieocrin. p. 1330 ; Pollux, viii. 95 ; 
Harp, in Kvpla 'E/c/cA/jjcn'a) that, in one case, the 
whole body of Sea'pLoderai was deprived of office 
(a.irex e 'porovr}0ri), for the misbehaviour of one of 
their body : they were, however, reinstated, on 
promise of better conduct for the future. 

With respect to the later ages of Athenian 
history, we learn from Strabo (ix. 1), that even 
in his day, the Romans allowed the freedom 
of Athens ; and we may conclude that the Athe- 
nians would fondly cling to a name and office 
associated with some of their most cherished 
remembrance's. That the archonship, however, 
though still in existence, was merely honorary, we 
might expect from the analogy of the consulate at 
Rome ; and, indeed, we learn that it was some- 
times filled by strangers, as Hadrian and Plutarch. 
Such, moreover, was the democratical tendency of 
the assembly and courts of justice established 
by Solon, that, even in earlier times, the archons 
had lost the great political power which they at 
one time possessed (Thuc. i. 126), and that, too, 
after the division of their functions amongst nine. 
They became, in fact, not as of old, directors of the 
government ; but merely municipal magistrates, 
exercising functions and bearing titles which we 
will proceed to describe. 

It has been already stated, that the duties of the 
single archon were shared by a college of nine. 
The first or president of thi3 body was called 
o &px<0V, by way of pre-eminence ; and sometimes 



ARCHON. 



ARCHON. 



1-23 



6 ew^ivvfiOi &px<0V from the year being distinguished 
by and registered in his name. The second was 
Btyled 6 ficuriKeus, or the king archon ; the third, 
6 iro\*napxos, or commander-in-chief ; the remain- 
ing six, oldarpoOenu, or legislators. As regards the 
duties of the archons, it is sometimes difficult to 
distinguish what belonged to them individually 
and what collectively. It seems, however, that a 
considerable portion of the judicial functions of 
the ancient kings devolved upon the Arc/ion Epo- 
ntpnus, who was also constituted a sort of state 
protector of those who were unable to defend them- 
selves. (Dem. c. Mucar.ti6fios, p. 1076; Pollux, 
viiL 89.) Thus he had to superintend orphans 
and their estates, heiresses, families losing their 
representatives {oIkoi oi i£eprt)fiov)ievoi), widows 
left pregnant, and to see that they were not 
wronged in any way. Should any one do so, he 
was empowered to inflict a fine of a certain 
amount, or to bring the parties to trial. Heiresses, 
indeed, seem to have been under his peculiar 
care; for wc read (Dem. c. Alacar. p. 1069), 
that he could compel the next of kin either to 
marry a poor heiress himself, even though she were 
of a lower class, or to portion her in marriage to 
another. Again we find (Id. p. 1055 ; Pollux, 
viii. 62) that, when a person claimed an inhe- 
ritance or heiress adjudged to others, he sum- 
moned the party in possession before the archon 
cponymus ('EiriSiKairio) who brought the case into 
court, and made arrangements for trying the suit. 
We must, however, bear in mind that this autho- 
rity was only exercised in cases where the parties 
were citizens, the polemarch having corresponding 
duties when the heiress was an alien. It must also 
be understood that, except in very few cases, the 
archons did not decide themselves, but merely 
brought the causes into court, and cast lots for the 
dicasts who were to try the issue. (Dem. c. 
Steph. ii. p. 113fi.) Another duty of the archons 
was to receive tlaayythiai (Harpocr. s. t\), or in- 
formations against individuals who had wronged 
heiresses, children who had maltreated their parents, 
guardians who had neglected or defrauded their 
wards. (Kokoktii (irtKKripov, foviwv, op<pavi>v. 
Dem. c. Mucar. p. 1069 ; Schbmann, p. 11(1.) In- 
formations of another kind, the «c8n£is and ipairis, 
were also laid before the cponymus, though De- 
mosthenes (e. Tinvtcr. p. 707) assigned the former 
to the thesmothctne. (Kndeixis.) The last office 
of the archon which wc shall mention was of a 
sacred character ; we allude to his superintendence 
of the greater Dionysia and the Thargclio, the 
latter celebrated in honour of Apollo and Artemis. 
(Pollux, viii. 89.) 

The functions of the /9a<riA«us, or King Archon, 
were almost all connected with religion : his dis- 
tinguishing title shows that he was considered a 
representative of the old kinns in their capacity of 
high priest, .is the Rex Sacrificuliis was at Home. 
Thus he presided at the Lenaean, or older Dionysia; 
superintended the mysteries and the names called 
Aeuiirao7|<J>opi'ai, and had to otTer up sacrifices and 
prayers in the KIciiMnium, both at Athens nnd 
Eleusis. Moreover, indictments for impiety, and 
controversies about the priesthood, were laid before 
him ; and, in cases of murder, he brought the trial 
into the court of the Arriopauus, and voted with in 
members. His wife, also, who was called f)airt- 
Maaa or fiatrikivva, had to offer certain sacrifices, 
nnd therefore it was required that she should be a 



citizen of pure blood, without stain or blemish. 
His court was held in what was called fi rov 
jSatriAeW moa. (Dem. c. Lacr. p. 940 ; c. An- 
drot. p. 601 ; c. Xeuer. p. 1370 ; Lvsias, c.Andoc. 
p. 1 03, where the duties are enumerated ; Elinsley, 
Ad Aritioph. Ac/tar. 1 143, et Scholia ; Harpocr. s.v. 
'E7T!^€A7)TJ)S TOP ^i/<TT7)piW ; Plato, Eutliyphr. 
ad init. et Theaet. ad fin. ; Pollux, viii. 90.) 

The Polemarch was originally, as his name de- 
notes, the commander-in-chief (Herod, vi. 109, 
111 ; Pollux, viii. 91) ; and we find him dis- 
charging military duties as late as the battle of 
Marathon, in conjunction with the ten (TTpaTTjyoi ; 
he there took, like the kings of old, the command of 
the right wing of the army. This, however, seems to 
be the last occasion on record of this magistrate ap- 
pointed by lot, being invested with such important 
functions ; and in after ages we find that his 
duties ceased to be military, having been in a great 
measure transferred to the protection and superin- 
tendence of the resident aliens, so that he resembled 
in many respects the praetor peregrinus at Rome. In 
fact, wc leam from Aristotle, in his " Constitution of 
Athens," that the polemarch stood in the same 
relation to foreigners as the archon to citizens. 
(Demosth. c. Lucr. p. 940 ; Arist. apud Harpocr. 
s. v. ; Pollux, viii. 91, 92.) Thus, all actions affect- 
ing aliens, the isoteles and proxeni, were brought 
before him previously to trial ; as, for instance, 
the 5i'k7j a-wpoaraaiov against a foreigner, for 
living in Athens without a patron ; so was also 
the Sim) airoaraaiov against a slave who failed in 
his duty to the master who had freed him. More- 
over, it was the polemarch's duty to offer the 
yearly sacrifice to Artemis, in commemoration of 
the vow made by Callimachue, at Marathon, and 
to arrange the funeral games in honour of those 
who fell in war. These three archons, the 
iirtivvnos , PaaiKtvs, and TroKffiapxos, were each 
allowed two assessors to assist them in the dis- 
charge of their duties. 

The T/iesniothetae were extensively connected 
with the administration of justice, and appear to 
have been called legislators (Thirlwall, Hilt, of 
Greece, vol. ii. p. 17), because in the absence of a 
written code, they might be said to make laws, or 
dec/tol, in the ancient language of Athens, 
though in reality they only declared and ex- 
plained them. They were required to review, 
every year, the whole body of laws, that they 
might detect any inconsistencies or superfluities, 
and discover whi ther any laws which were abro- 
gated were in the public records amongst the rest. 
(Acschin. c Ctcmph. p. 59.) Their report was sub- 
mitted to the people, who referred the necessary 
alterations to a legislative committee chosen for 
the purpose, nnd called vopMBirat. 

The chief |«rt of the duties of the thesmothetao 
consisted in receiving informations, nnd bringing 
cases to trial in the courts of law, of the days of 
sitting in which they gave public notice. (Pollux, 
viii. 87, 88.) They did not try them themselves ; 
but seem to have constituted a sort of grand jury, 
or inquest. Thus they received Ivitl^tts against 
parties w ho had not paid their fines, or owed any 
money to the state ; nnd in default of bringing 
the former parties to trial, tlmy lost their right of 
going up to the Areiopngiis at the end of their year 
of office. (Hem. r. Mrid. p. 529; r. Macar. p. 
1074 ; '•. Timocr. 707; Iliickh, vol. i. p.59, vol. ii. 
p. 72.) Agnin, indictments for pcrsounl injuries 



124 



ARCHON. 



ARCUS. 



(vgpeus ypafyai) were laid before them, as well as 
informations against olive growers, for rooting up 
more trees than was allowed to each proprietor 
by law. So, too, were the indictments for bribing 
the Heliaea, or any of the courts of justice at 
Athens, or the senate, or forming clubs for the 
overthrow of the democracy, and against retained 
advocates ((rvvriyopoi) who took bribes either in 
public or private causes. Again, an information 
was laid before them if a foreigner cohabited with 
a citizen, or a man gave in marriage as his own 
daughter the child of another, or confined as an 
adulterer one who was not so. They also had to 
refer informations (eiVayyeAiat) to the people ; 
and where an information had been laid before the 
senate, and a condemnation ensued, it was their 
duty to bring the judgment into the courts of 
justice for confirmation or revision. (Dem. c. Stepk. 
ii. p. 1137 ; ft Neaer. pp. 1351, 1363, 1368, 
c. Timocr. p. 720 ; Pollux, viii. 88 ; Bdckh, vol. i. 
pp. 259, 317.) 

A different office of theirs was to draw up and 
ratify the av/x§o\a, or agreements, with foreign 
states, settling the terms on which their citizens 
should sue and be sued by the citizens of Athens. 
In their collective capacity, the archons are said to 
have had the power of death in case an exile re- 
turned to an interdicted place : they also superin- 
tended the ivix^ipoTovia of the magistrates, held 
every prytany (iirepuTwai el Soicu Ka\£>s izpxeiv), 
and brought to trial those whom the people de- 
posed, if an action or indictment were the con- 
sequence of it. Moreover, they allotted the dicasts 
or jurymen, and probably presided at the annual 
election of the strategi and other military officers. 
(Pollux, viii. 87,88 ; Harpocr.s. v. Karax^poToi/'ta.: 
Schomann, p. 231 ; Dem. c. Aris. p. 630.) 

We may here remark, that it is necessary 
to be cautious in our interpretation of the words 
apx'h and apxovres, since in the Attic orators 
they have a double meaning, sometimes refer- 
ring to the archons peculiarly so called, and 
sometimes to any other magistracy. Thus in 
Isaeus (De Cleonymi Holered.) we might on a 
cursory perusal infer, that when a testator left 
his property away from his heir-at-law, by what 
was technically called a SoVis (Harpocr. s. v. ; 
Isaeus, 7repl K\T]pu>v), the archon took the original 
will into custody, and was required to be present 
at the making of any addition or codicil to it. A 
more accurate observation proves that by els tuiv 
apx&vTu>v is meant one of the a.uTvv6jj.oi, who 
formed a magistracy (apx'h) as well as the nine 
archons. 

A few words will suffice for the privileges and 
honours of the archons. The greatest of the former 
was the exemption from the trierarchies — a boon 
not allowed even to the successors of Harmodius 
and Aristogeiton. As a mark of their office, they 
wore a chaplet or crown of myrtle ; and if any 
one struck or abused one of the thesmothetae or 
the archon, when wearing this badge of office, he 
became arifios, or infamous in the fullest extent, 
therel}}' losing his civic rights. (Bdckh, vol. ii. 
p. 322"; Dem. c. Lept. pp. 462, 464, 465, c. Meid. 
p. 524 ; Pollux, viii. 86.) The archons, at the close 
of their year of service, were admitted among the 
members of the Areiopagus. [Areiopagus.] 

The Archon Eponymus being an annual magis- 
trate at Athens, like the consul at Rome, it is 
manifest that a correct list of the archons is an 



important element in the determination of Athe- 
nian chronology. Now from Creon (b. c. 684), the 
first annual archon, to Comias (b. c. 560), we have 
the names of about twenty-four. From B. c. 560 
to the invasion of Xerxes (b. c. 480), the names 
and years of about twenty-four more have been 
determined. From B. c. 480 to 292, Diodorus and 
Dionysius Halicarnassus furnish an almost un- 
broken succession for a period of nearly 200 years. 
The names, so far as they are known, are given by 
Clinton (F. FT.), who remarks that the compiler 
of the Parian marbles places the annual archons one 
year too high respectively. He also states (vol. ii. 
p. 12) that the best list is that of Corsini, who 
however is surpassed by Wesseling within the period 
embraced by tbe remains of Diodorus. [R.W.] 
ARCHO'NES (apx<W)- [Telones.] 
ARCIFI'NIUS AGER. [Ager.] 
ARCUS (also fornix, Virg. Aen. vi. 631 ; Cic. 
in Verr. i. 7 ; na/iapa), an arch. It is possible to 
give an arched form to the covering of any opening 
by placing horizontal courses of stones projecting 
over one another, from both sides of the opening, 
till they meet at top, and then cutting the ends of 
the projecting stones to a regular curve, as shown 
below. This form is found in the most ancient 
architecture of nearly all nations, but it does not 
constitute a true arch. A true arch is formed of 
a series of wedge-like stones, or of bricks, support- 
ing each other, and all bound firmly together by 
their mutual pressure. 

It would seem that the arch, as thus defined, 
and as used by the Romans, was not known to the 
Greeks in the early periods of their history, other- 
wise a language so copious as theirs, and of such 
ready application, would not have wanted a name 
properly Greek by which to distinguish it. But 
the constructive principle, by which an arch is 
made to hold together, and to afford a solid re- 
sistance against the pressure upon its circumference, 
was known to them even previously to the Trojan 
war, and its use is exemplified in two of the 
earliest buildings now remaining — the chamber 
built at Orchomenus, by Minyas, king of Boeotia, 
described by Pausanias (ix. 38), and the treasury 
of Atreus at Mycenae. (Pans. ii. 16.) Both 
these works are constructed under ground, and 
each of them consists of a circular chamber formed 
by regular courses of stones laid horizontally over 
each other, each course projecting towards the in- 
terior, and beyond the one below it, till they meet 
in an apex over the centre, which was capped by a 
large stone, and thus resembled the inside of a 
dome. Each of the horizontal courses of stones 
formed a perfect circle, or two semicircular arches 
joined together, as the subjoined plan of one of 
these courses will render evident. 

It will be observed that the innermost end of 
each stone is bevelled off into the shape of a wedge, 
the apex of which, if continued, would meet in the 
centre of the circle, as is done in forming an arch ; 
while the outer ends against the earth are left rough, 
and their interstices filled up with small irregular- 
shaped stones, the immense size of the principal 
stones rendering it unnecessary to continue the 
sectional cutting throughout their whole length. 
Indeed, if these chambers had been constructed 
upon any other principle, it is clear that the pres- 
sure of earth all around them would have caused 
them to collapse. The method of construction 
here described was communicated to the writer 



ARC US. 



ARCUS TRIUMPH ALIS. 



1-2.5 



of the present article bj- the late Sir William 
Gell. Thus it seems that the Greeks did under- 
stand the constructive principle upon which arches 




arc formed, even in the earliest times ; although 
it did not occur to them to divide the circle by a 
diameter, and set the half of it upright to bear a 
superincumbent weight. But they made use of a 
contrivance even before the Trojan war, by which 
they were enabled to gain all the advantages of our 
archway in making corridors, or hollow galleries, 
and which in appearance resembled the pointed 
arch, such as is now termed Gothic. This was 
effected by cutting away the superincumbent stones 
in the manner already described, at an angle of 
about 45° with the horizon. The mode of con- 
struction and appearance of such arches is repre- 
sented in the annexed drawing of the walls of 
Tiryns, copied from Sir William Gcll's Argolis. 
The gate of Signia ($e//ni) in Latium exhibits a 
similar example. 




The principle of the true arch seems io have 
been known to the Romans from the earliest 
period: it is used in the f'lixin Murium. It is 
most probably an Etrtwcan invention. The use of 
it constitutes one leading distinction between 
(ireek and Roman architecture, for by its applica- 
tion the Romans were enabled to execute works 
of far bolder construction than those of the Greeks 



— to erect bridges and aqueducts, and the most 
durable and massive structures of brick. The 
Romans, however, never used any other form of 
arch than the semicircle. [A. R.] 

ARCUS TRIUMPHA'LIS(a triumphal arch), 
was a structure peculiar to the Romans, among 
whom it seems to have taken its origin from the 
Porta Triumplialis, the gate by which a general 
celebrating a triumph led his army into the city, on 
which occasions the gate was adorned with trophies 
and other memorials of the particular victory cele- 
brated. In process of time other arches were 
erected, both at Rome and in the provinces, to 
celebrate single victories, the memorials of which 
were carved upon them or fixed to them, and these 
remained as permanent monuments. The)- even 
came to be erected in memory of a victory for 
which there had been no triumph ; nay, even to 
commemorate other events than victories. That 
at Ancona, for example, was erected in honour of 
Trajan, when he had improved the harbour of the 
city at his own expense. 

Triumphal arches were insulated structures 
built across the principal streets of the city, 
and, according to the space of their respective 
localities, consisted of either a single arch-way, 
or of a central one for carriages, with two smaller 
ones on each side for foot passengers, which 
sometimes have side" communications with the 
centre arch. Sometimes there were two arches of 
equal height, side by side. Each front was orna- 
mented with trophies and bas-reliefs, which were 
also placed on the sides of the passages. Both 
facades had usually columns against the piers, 
supporting an entablature, surmounted by a lofty 
attic, on the front of which was the inscription, 
and on the top of it bronze chariots, war-horses, 
statues, and trophies. 

Stertinius is the first upon record who erected 
any thing of the kind. He built an arch in the 
Forum Boarium, about it. c. 196, and another 
in the Circus Maxiinus, each of which was sur- 
mounted by gilt statues. (Liv. xxxiii. 27.) Six 
years afterwards, Scipio Africanus built another on 
the Clivus Capitolinus, on which he placed seven 
gilt statues and two figures of horses (Liv. xxxvii. 
'A) ; and in b. c. 121, Fabius Maximus built a 
fourth in the Via Sacra, which is called by Cicero 
(in Vcrr. i. 7) the J'ornix I'ubianus. None of 
these remain, the Arch of Augustus at Rimini 
being one of the earliest among those still stand- 
ing. That these erections were cither temporary 
or very insignificant, may be inferred from the 
silence of Vitruvius, who says nothing of triamphal 
arches. We might be sure, from the nature of 
the case, that such structures would especially 
mark the period of the empire. 

There are twenty-one arches recorded by dif- 
ferent writers as having been erected in the city 
of Rome, five of which now remain : — 1. Arms 
Drusi, which was erected to the honour of Nero 
Claudius Drusus on the Appian way. (Suet. 
('/mill. 1.) 2. Arms Tilt, at the foot of the 
Palatine, which was erected to the honour of 
Titus, nfter his conquest of Judaea, but was not 
finished till after his death ; since in the inscrip- 
tion ii|miii it he is called Dims, and he is also 
represented as being carried up to heaven upon an 
eagle. 'I'he bas-reliefs of this arch represent tin? 
spoils from the templo of Jerusalem carried in 
triumphal procession ; and are among the best 



126 ARCUS. 

specimens of Roman sculpture. This arch has 
only a single opening, with two columns of the 
Roman or composite order on each side of it. 3. 
Arcus Septimii Severi, which was erected by the 
senate (a. d. 207) at the end of the Via Sacra, 
in honour of that emperor and his two sons, 
Caracalla and Geta, on account of his victories 
over the Parthians and Arabians. 4. Arcus Gal- 
lieni, erected to the honour of Gallienus by a pri- 
vate individual, M. Aurelius Victor. 5. Arcus 
Constantini, which is larger and more profusely 
ornamented than the Arch of Titus. It was 
erected by the senate in honour of Constantino, 
after his victory over Maxentius. It consists of 
three arches, with columns against each front, and 
statues on the entablatures over them, which, with 
the other sculptured ornaments, originally de- 
corated the arch of Trajan. [P. S.] 

ARCUS (&i6s, ro&v), the bow used for shoot- 
ing arrows, is one of the most ancient of all wea- 
pons, but is characteristic of Asia rather than of 
Europe. Thus in the description given by Hero- 
dotus (vii. 61 — 80) of the various nations com- 
posing the army of Xerxes, we observe that nearly 
all the troops without exception used the bow. 
The Scythians and Parthians were the most cele- 
brated archers in the East, and among the Greeks 
the Cretans, who frequently served as a separate 
corps in the Greek armies, and subsequently also 
among the auxiliary troops of the Romans. (Comp. 
Xen. Anab. i. 2. § 9 ; Liv. xlii. 35.) 

The form of the Scythian and Parthian bow 
differed from that of the Greeks. The former was 
in the shape of a half-moon, and is shown in the 
upper of the two figures here exhibited, which is 
taken from one of Sir W. Hamilton's fictile vases. 
(Comp. Amm. Marc. xxii. 8.) The Greek bow, on 
the other hand, the usual form of which is shown 




in the lower of the preceding figures, has a double 
curvature, consisting of two circular portions united 
in the middle (irrjxvs). According to the descrip- 
tion in Homer (II. iv. 105 — 126), the bow was 
made of two pieces of horn, hence frequently called 
icepas and cornu. The bow-string (vevpd) was 
twisted, and was frequently made of thongs of 
leather (vsvpa. f}6<=La). It was always fastened to 
one end of the bow, and at the other end there 
hung a ring or hook (Kopdov-q), usually made of 
metal (xpwff'i)), to which the string was attached, 
when the bow was to be used. In the same pas- 
sage of Homer we have a description of a man 
preparing to shoot, and this account is illustrated 
by the following outline of a statue belonging to 
the group of the Aeginetan marbles. The bow, 
placed in the hands of this statue, was probably 
of bronze, and has been lost. 



AREIOPAGUS. 




When not used, the bow was put into a case 
(to^o0tikt], ywpvrAs, Corytus), which was made of 
leather, and sometimes ornamented (<paeiv6s, Horn. 
Od. xxi. 54). The bow-case is very conspicuous 
in the sculptured bas-reliefs of Persepolis. It 
frequently held the arrows as well as the bow, 
and on this account is often confounded with the 
Pharetra or quiver. Though its use was com- 
paratively rare among the Greeks and Romans, 
we find it exhibited in a bas-relief in the Museo 
Pio-Clcmentino (vol. iv. tav. 43), which is copied 
in the annexed cut. 




ARDA'LION (apM\iov). [Funus.] 

A'REA. [Agricultura, p. 44.] 

AREIO'PAGUS. The Areiopagus (d'Apews 
■wayos, or hill of Ares), at Athens, was a rocky 
eminence, lying to the west of, and not far from the 
Acropolis. To account for the name, various stories 
were told. Thus, some said that it was so called from 
the Amazons, the daughters of Ares, having encamped 
there when they attacked Athens ; others again, as 
Aeschylus, from the sacrifices there offered by them 
to that god ; while the more received opinion con- 
nected the name with the legend of Ares having 
been brought to trial there by Poseidon, for the 
murder of his son Halirrhotius. (Dem. c. Aristocr. 
p. 642 ; Aeschyl. Eum. 659.) To none, however, 
of these legends did the place owe its fame, but 
rather to the council ('H iv 'Ape'icp iraytp fiovhii), 
which held its sittings there, and was sometimes 



AREIOPAGUS. 



AREIOPAGUS. 



227 



called 'H &uoi $ov\^i, to distinguish it from the I 
senate of Five Hundred, which sat in theCerameicus I 
within the city. That it was a body of very remote 
antiquity, acting as a criminal tribunal, was evi- 
dently believed by the Athenians themselves. In 
proof of this, we may refer to the express assertions 
of the orators, and the legend of Orestes having 
been tried before the council for the murder of his 
mother — a trial which took place before Athena, 
and which Aeschylus represents as the origin of 
the court itself. Again, we find that even before 
the first Mes3enian war (b. c. 740) began, the 
Mcssenians offered to refer the points in dispute to 
the Argive Amphictiony, or the Athenian Areio- 
pagus (Paus. iv. 5. § 1 ; Thirlwall, Hut. Greece, 
vol. i. p. 345), because thi3 body was believed to 
have had jurisdiction in cases of manslaughter 
(JSlKas ipoviicas), " from of old." 

There is sufficient proof, then, that the Areiopa- 
gus existed before the time of Solon, though he is 
admitted to have so far modified its constitution 
and sphere of duty, that he might almost be called 
its founder. What that original constitution was, 
must in some degree be left to conjecture, though 
there is even- reason to suppose that it was 
aristocratical, the members being taken, like 
the Ephetac, from the noble patrician families 
(opi<TTiV57)i'). We may remark that, after the time 
of Solon, the Ephetae, fifty-one in number, sat 
collectively in four different courts, and were 
charged with the hearing of such cases of acci- 
dental or justifiable homicide as admitted of or re- 
quired expiation, before the accused could resume 
the civil and religious rights he had lost: a re- 
sumption impossible in cases of wilful murder, the 
capital punishment for which could only be escaped 
by banishment for life, so that no expiation was 
required or given. (Mtillcr, Eumen. § 64 ; Pollux, 
viii. 125.) Now the Ephetae formerly adminis- 
tered justice in five courts, and for this and other 
reasons it has been conjectured that they and the 
Areiopagus then formed one court, which decided 
in all cases of murder, whether wilful or accidental. 
In support of this view, it has been urged that the 
separation of functions was rendered necessary by 
that change of Solon which made the Areiopagus 
no longer an aristocratic body, while the Ephetae 
remained so, and as such were competent to ad- 
minister the rights of expiation, forming, as they 
did, a part of the sacred law of Athens, and there- 
fore left in the hands of the old patricians, even 
after the loss of their political privileges. On this 
point we may remark, that the connection insisted 
on may to a great extent be true ; but that there 
was not a complete identity of functions is proved 
by Plutarch (Solon, c. 1!J), in a quotation from the 
laws of Solon, showing that even before that legis- 
lator the Arciopagitcs and Ephetae were in some 
cases distinct. 

It has been observed, in the article ArciioV, 
that the principal change introduced by Solon in 
the constitution of Athens, was to make the quali- 
fication for office depend not on birth but property ; 
also that, agreeably to his reforms, the nincarchons, 
after an unexceptionable discharge of their duties, 
'* went up " to the Areiopagu«, and became mem- 
bers of it for life, unlets expelled for misconduct. 
(Deinor. c Drmorth. p. .07 ; Pint. So/, c. 18.) 

The council then, after his time, censed to be 
aristocratic in constitution ; but, as we Irani from 
Attic writers, continued so in spirit. In fnct, 



Solon is said to have formed the two councils, the 
senate and the Areiopagus, to be a check upon the 
democracy ; that, as he himself expressed it, " the 
state, riding upon them as anchors, might be less 
tossed by stonns. - ' Nay, even after the archons 
were no longer elected by suffrage but by lot, and 
the office was thrown open by Aristeides to all the 
Athenian citizens, the " upper council " still re- 
tained its former tone of feeling. We learn, in- 
deed, from Isocrates (A reiop. p. 147), that no one 
was so bad as not to put off his old habits on be- 
coming an Areiopagite; and though this may refer 
to private rather than public conduct, we may not 
unreasonably suppose that the political principles 
of the younger would always be modified by the 
older and more numerous members — a modification 
which, though continually less in degree, would 
still be the same in direction, and make the Areio- 
pagus what Pericles found it, a counteracting force 
to the democracy. Moreover, besides these changes 
in its constitution, Solon altered and extended its 
functions. Before his time it was only a criminal 
court, trying cases of " wilful murder and wound- 
ing, of arson and poisoning" (Pollux, viii. 117; 
Dem. c.Arist. p. C'27), whereas he gave it extensive 
powers of a censorial and political nature. Thus 
we lcam that he made the council an " overseer 
of everything, and the guardian of the laws," em- 
powering it to inquire how any one got his living, 
and to punish the idle. (Plutarch. Solon, c. 22 ; 
Isoc. /. c.) 

We leam from other authorities that the 
Arciopagitcs were " superintendents of good order 
and decency," terms rather unlimited and unde- 
fined, as it is not improbable Solon wished to 
leave their authority. There are, however, re- 
corded some particular instances of its exertion. 
(Athen.iv. pp.lC7, c. — 168, b. vi. p. 245, c. ed. Din- 
dorf ; Pollux, viii. 1 1 2.) Thus we find that they 
called persons to account for extravagant and dis- 
solute living, and that too even in the later days 
of Athenian history. On the other hand, thev oc- 
casionally rewarded remarkable cases of industry, 
and, in company with certain officers called 
yvvaiKov6/jLoi, made domiciliary visits at private en- 
tertainments, to see that the number of guests 
was not too large, and also for other purposes. 
But their censorial and political authority was not 
confined to matters of this subordinate character. 
We learn from Aristotle (Pint. Themis, c. 10 ; see 
Ub'ckh, vol. i. p. 208), that at the time of the 
Median invasion, when there was no money in 
the public treasury, the Areiopagus advanced eight 
drachmae a man to each of the sailors — a statement 
which proves that they had a treasury of their 
own, rather than any control over the public 
finances, as some have inferred from it. (Thirlwall, 
/list. Greece, vol. iii. app. 1.) Again, we are told 
(Lycurg. r. Lroc. p. 154) that at the time of the 
battle of Chacroncia, they Bcized and put to death 
those who deserted their country, and that they 
were thought by some to have been the chief pre- 
servation of the city. 

It is probable thnt public opinion supported 
them in nets of this kind, without the aid of which 
they must hnvc been powerless for any such ob- 
jects. In connection with this point, we may ndd 
that when heinous crimes had notoriously been 
committed, but the guilty parties were not known, 
or no accuser nppenrrd, the Arciopngus inquired 
into the subject, and reported (&ira(pali>tty) to the 



123 



ARETOPAGUS. 



AREIOPAGUS. 



demus. The report or information was called 
an6<pa.ffis. This was a duty which they sometimes 
undertook on their own responsibility, and in the 
exercise of an old-established right, and sometimes 
on the order of the demus. (Demarch. c. Dem. p. 97 ; 
Schb'mann, De Comitiis, p. 217, transl.) Nay, 
to such an extent did they carry this power, that 
on one occasion they apprehended an individual 
(Antiphon) who had been acquitted by the 
general assembly, and again brought him to a 
trial, which ended in his condemnation and death. 
(Dem. De Cor. pp.271, 272; Demarch. c. Dem. 
p. 98.) Again, we find them revoking an appoint- 
ment of the people whereby Aeschines was made 
the advocate of Athens before the Amphictionic 
council, and substituting Hyperides in his room. 
In these two cases also, they were most probably 
supported by public opinion, or by a strong party 
in the state. (Dem. I. c.) 

'They also had duties connected with religion, 
one of which was to superintend the sacred olives 
growing about Athens, and try those who were 
charged with destroying them. (Lysias, Ilepi tov 
2t;/coS, p. 1 10.) We read, too, that in the dis- 
charge of their duty as religious censors, they on 
one occasion examined whether the wife of the 
king archon was, as required by law, an Athenian ; 
and finding she was not, imposed a fine upon her 
husband. (Dem. c. Neaer. p. 1372.) We learn 
from the same passage, that it was their office 
generally to punish the impious and irreligious. 
Again we are told, though rather in a rhetorical 
way, that they relieved the needy from the re- 
sources of the rich, controlled the studies and 
education of the young, and interfered with and 
punished public characters as such. (Isocr. Areiop. 
p. 151.) 

Independent, then, of its jurisdiction as a 
criminal court in cases of wilful murder, which 
Solon continued to the Areiopagus, its influence 
must have been sufficiently great to have been a 
considerable obstacle to the aggrandisement of the 
democracy at the expense of the other parties in 
the state. In fact, Plutarch (Solon, c. 18), ex- 
pressly states that Solon had this object in view 
in its reconstruction ; and accordingly, we find 
that Pericles, who never was an archon or Areio- 
pagite, and who was opposed to the aristocracy for 
many reasons, resolved to diminish its power and 
circumscribe its sphere of action. His coadjutor 
in this work was Ephialtes, a statesman of inflexible 
integrity, and also a military commander. (Plut. 
Cim.7,Peric. 10, 13.) They experienced much op- 
position in their attempts, not only in the assembly, 
but also on the stage, where Aeschylus produced 
his tragedy of the Eumenides, the object of which 
was to impress upon the Athenians the dignity, the 
sacredness, and constitutional worth of the insti- 
tution which Pericles and Ephialtes wished to re- 
form. He reminds the Athenians that it was a 
tribunal instituted by their patron goddess Athena, 
and puts into her mouth a popular harangue full 
of warnings against innovations, and admonishing 
them to leave the Areiopagus in possession of its 
old and well grounded rights, that under its watch- 
ful guardianship they might sleep in security. 
(Miiller, Eum. § 35.) Still the opposition failed : 
a decree was carried, about B. c. 4.58, by which, as 
Aristotle says, the Areiopagus was " mutilated," and 
many of its hereditaiy rights abolished. (Arist. Pol. 
ji. 9 ; Cic. De Nat. Deor. ii. 29, De Rep. i. 27.) 



Cicero, who in one place speaks of the council as 
governing Athens, observes in another that from that 
time all authority was vested in the ecclesia, and 
the state robbed of its ornament and honour. Plu- 
tarch (Cimon, 15) tells us that the people deprived 
the Areiopagus of nearly all its judicial authority 
(ray Kpiaeis 7rA?)j/ bX'iywv airaffas), establishing 
an unmixed democracy, and making themselves 
supreme in the courts of justice, as if there had 
formerly been a superior tribunal. But we infer 
from another passage, that the council lost con- 
siderable authority in matters of state ; for we 
learn that Athens then entered upon a career of 
conquest and aggrandisement to which she had 
previously been a stranger ; that, " like a rampant 
horse, she would not obey the reins, but snapped 
at Euboea, and leaped upon the neighbouring 
islands." These accounts in themselves, and as 
compared with others, are sufficiently vague and 
inconsistent to perplex and embarrass ; accord- 
ingly, there has been much discussion as to the 
precise nature of the alterations which Pericles 
effected ; some, amongst whom we may mention 
Miiller (Eum. § 37), are of opinion that he de- 
prived the Areiopagus of their old jurisdiction in 
cases of wilful murder, and one of his chief argu- 
ments is that it was evidently the design of Aes- 
chylus to support them in this prerogative, which 
therefore must have been assailed. For a suffi- 
cient answer to this, we would refer our readers 
to Bishop Thirlwall's remarks (Hist, of Greece, 
vol. iii. p. 24), merely stating in addition, that 
Demosthenes (c. Aristocr. p. 641) * expressly 
affirms, that neither tyrant nor democracy had 
ever dared to take away from them this jurisdic- 
tion. In addition to which it may be remarked, 
that the consequences ascribed to the innovation 
do not indicate that the Areiopagus lost its au- 
thority as a criminal tribunal, but rather that it 
was shorn of its power as superintending the 
morals and conduct of the citizens, both in civil 
and religious matters, and as exercising some 
control over their decisions. Now an authority 
of the former kind seems far removed from any 
political influence, and the popular belief as to its 
origin would have made it a dangerous object of 
attack, to say nothing of the general satisfaction 
the verdicts had always given. We may observe, 
too, that one of the chief features of a democracy 
is to make all the officers of the state responsible ; 
and that it is not improbable that one of the 
changes introduced by Ephialtes was, to make the 
Areiopagus, like other functionaries, accountable 
to the demus for their administration, as. indeed, 
we know they afterwards were. (Aesch. e. Ctes. 
p. 56 ; Bockh, vol. i. p. 353.) This simple re- 
gulation would evidently have made them subser- 
vient, as they seem to have been, to public opinion ; 
whereas no such subserviency is recorded in 
criminal matters, their tribunal, on the contrary, 
being always spoken of as most just and holy ; so 
much so, that Demosthenes says (c. Arist. pp. 641, 
642) that not even the condemned whispered an 
insinuation against the righteousness of their 
verdicts. Indeed, the proceedings before the 
Areiopagus, in cases of murder, were by their 
solemnity and fairness well calculated to insure 



* For an able vindication of this statement of 
Demosthenes, the reader is referred to Hermann, 
Opusc. vol. iv. p. 299. 



AREIOPAGUS. 



ARGEI. 



129 



just decisions. The process was as follows : — The 
king archon (Pollux, viii. 90) brought the case 
into court, and sat as one of the judges, who were 
assembled in the open air, probably to guard 
against any contamination from.the criminal. ( An- 
tiphon, De Caede Herod, p. 130; Dem. c. Arist. 
I. c. ; Pollux, viii. 33.) The accuser, who was 
said els"Ap(tov irdyov iiriaK^Tntiv, first came for- 
ward to make a solemn oath (5io>/io<xi'a) that his 
accusation was true, standing over the slaughtered 
victims, and imprecating extirpation upon himself 
and his whole family, were it not so. The accused 
then denied the charge with the same solemnity 
and form of oath. Each party then stated his 
case with all possible plainness, keeping strictly to 
the subject, and not being allowed to appeal in 
any way to the feelings or passions of the judges 
(irpootfiidfcadai ovk i^fjy ovSi oiKT'i&crBcu. 
Aristot. Met. L 1 ; Pollux, viii. 117.) After the 
first speech (jiera rbv irp&ripov \6yov), a criminal 
accused of murder might remove from Athens, 
and thus avoid the capital punishment fixed by 
Draco's 6(0~fio't, which on this point were still in 
force. Except in cases of parricide, neither the 
accuser nor the court had power to prevent this ; 
but the party who thus evaded the extreme punish- 
ment was not allowed to return home (<pevyei 
ieapiryiav), and when any decree was passed at 
Athens to legalise the return of exiles, an exception 
was always made against those who had thus left 
their country (pi i( 'Aptfou irdyov (pevyovrts). 
See Plato, lieges, ix. 11. 

The reputation of the Areiopagus as a criminal 
court was of long continuance, as we may learn 
from an anecdote of Aulus Gellius, who tells us 
(xii. 7) that C. Dolabella, proconsul of the Ro- 
man province of Asia, referred a case which per- 
plexed himself and his council to the Areiopagus 
(ut ad jiulices graviores exercitatioresque) ; they 
ingeniously settled the matter by ordering the 
parties to appear that day 100 years (centesimo 
anno adesse). They existed in name, indeed, till 
a very late period. Thus we find Cicero mentions 
the council in his letters {Ad Fam. xiii. 1 ; Ad 
AH. i. 14, v. 1 1) ; and under the emperors Gratian 
and Theodosius (a. d. 380), 'Pouipios ^ittoj i3 
called proconsul of Greece, and an Arciopagitc. 
(Meursius, Areiop.) 

Of the respectability and moral worth of the 
council, and the respect that was paid to it, we 
have abundant proof in the writings of the Athe- 
nian orators, where, indeed, it would be difficult to 
find it mentioned except in terms of praise. 
Thus Lysias speaks of it as most righteous and 
venerable (c.Andoc. p. 104 ; compare Aisch. c. 
Timur. 12 ; Isocr. A reii/p. 14(1) ; and so great was 
the respect paid to its members, that it was con- 
sidered rude in the demus laughing in their pre- 
sence, while one of them was making an address 
to the assembly on a subject they had been de- 
puted to investigate. This respect might, of course, 
facilitate the resumption of some of their lost 
power, more especially as they were sometimes 
intmsted with inquiries on behalf of the state, 
as on the occasion to which we have just alluded, 
when they were made n sort of commissioners, to 
inquire into the state of the buildings about the 
Pnvx, and decide upon the- adoption or rejection 
of some proposed alterations. Isocratcs, indeed, 
even in his time, when the previous inquiry or 
BoKimurla had fallen into disuse, speaks well of 



their moral influence ; but shortly after the age of 
Demetrius Phalereus, a change had taken place ; 
they had lost much of their respectability, and 
were but ill fitted to enforce a conduct in others 
which they did not observe themselves. (Athen. 
iv. p. 167.) 

The case of St. Paul (Act. xvii. 22.) is generally 
quoted as an instance of their authority in religious 
matters ; but the words of the sacred historian do 
not necessarily imply that he was brought before the 
council. It may, however, be remarked, that they 
certainly took cognizance of the introduction of 
new and unauthorized forms of religious worship, 
called iirlBera iepd, in contradistinction to the 
rrdrpia. or older rites of the state. (Harpocrat. s. if. 
'E7r/0€Toi 'Eoprai ; Schomann, De Comitiis, p. 286. 
transl.) There was also a tradition that Plato was 
deterred from mentioning the name of Moses as a 
teacher of the unity of the Godhead, by his fear of the 
Areiopagus. (Justin Martyr, Coltor. ad Grace, p. 22.) 

With respect to the number of the Areiopagus 
in its original form, a point of no great moment, 
there are various accounts; but it is plain that 
there could have been no fixed number when the 
archons became members of this body at the ex- 
piration of their year of office. Lysias, indeed, 
speaks of them (riepl tov 2r)«oD, pp. 1 10, 1 1 1 ; see 
Argum. Orat. c. Androt.) as forming a part of the 
Areiopagus even during that time ; a statement 
which can only be reconciled with the general 
opinion on the subject, by supposing that they 
formed a part of the council during their year of 
office, but were not permanent members till the 
end of that time, and after passing a satisfactory 
examination. [R. \V.] 

ARE'NA. [Amfiiitheatrum.] 

ARETA'IjOGI, a class of persons whose con- 
versation formed one of the entertainments of the 
Roman dinner-tables. (Suet. Octar. 74.) The 
word literally signifies jtcrsons who discourse about 
virtue ; and the class of persons intended seem to 
have been poor philosophers, chiefly of the Cynic 
and Stoic sects, who, unable to gain a living by 
their public lectures, obtained a maintenance at 
the tables of the rich by their philosophical con- 
versation. Such a life would naturally degenerate 
into that of the parasite and buffoon ; and accord- 
ingly we find these persons spoken of contemp- 
tuously by Juvenal, who uses the phrase mendax 
areta/ogus : they became a sort of srurrw. (Juv. 
Sat. xv. 15, 16; com p. Casaubon. ad .Suet. I. c. ; 
and Riiperti and Heinrich, ad Juv. I.e.) [P. S.] 

A'RGEI. We learn from Livy (i. 22) that 
Numa consecrated places for the celebration of 
religious services, which were called by the ponti- 
fiecs " argei." Varro calls them the chapels of the 
argci, and says they were twcnty-scYen in num- 
ber, distributed in the dilferent districts of the 
city. We know but little of the particular uses 
to which they were applied, and that little is un- 
important. Thus we are told that they were 
solemnly visited on the Liberalia, or festival of 
Pacchus ; and also, that whenever the flamcn 
dialis went (irit) to them, he was to adhere to 
certain observance*. They seem also to have been 
the depositaries of topographical records. Thus 
we read in Vurro,- In virrri* Argmrum srri/i/um 
ml sir: O/i/iim mimi prinrrpn, &c, which is fol- 
lowed by a description of the neighbourhood. Then 
was a tradition that these argei were mimed from 
the chieftains who came with Hercules, the Argive, 

K 



130 ARGENTARII. 



ARGENTARII. 



to Rome, and occupied the Capitoline, or, as it was 
anciently called, Saturnian hill. It is impossible to 
say what is the historical value or meaning of this 
legend ; we may, however, notice its conformity 
with the statement that Rome was founded by 
the Pelasgians, with whom the name of Argos was 
connected. (Varr. L. L. v. 45, ed. Muller ; Ov. 
Fast. iii. 791 ; Gell. x. 15 ; Niebuhr, Rom. Hist. 
vol. i. p. 214.) 

The name argei was also given to certain figures 
thrown into the Tiber from the Sublician bridge, 
on the Ides of May in every year. This was 
done by the pontifices, the vestals, the praetors, 
and other citizens, after the performance of the 
customary sacrifices. The images were thirty in 
number, made of bulrushes, and in the form of 
men (ei'ScoAa avSpEiiczAa, priscorum simulacra viro- 
rum). Ovid makes various suppositions to account 
for the origin of this rite ; we can only conjecture 
that it was a symbolical offering to propitiate the 
gods, and that the number was a representative 
either of the thirty patrician curiae at Rome, or 
perhaps of the thirty Latin townships. Dionysius 
of Halicarnassus states (i. 19, 38) that the custom 
continued to his times, and was instituted by Her- 
cules to satisfy the scruples of the natives when 
he abolished the human sacrifices formerly made 
to Saturn. (Varr. L. L. vii. 44 ; Ov. Fast. v. 621 ; 
Plut. Quaest. Rom. p. 102, Reiske ; Arnold, Rom. 
Hist. vol. i. p. 67 ; Bunsen and Platner, Beschrei- 
bung Roms, vol. i. p. 688—702.) [R. W.J 

ARGENTA'RII (rpaireC^ai), bankers or 
money changers. 1. Greek. The bankers at 
Athens were called Tpaite('irai from their tables 
(Tpdire(ai) at which they sat, while carrying on 
their business. Public or state banks seem to 
have been a thing unknown in antiquity, though 
the state must have exercised some kind of super- 
intendence, since without it it is scarcely possible 
to conceive how persons could have placed such 
unlimited confidence in the bankers, as they are 
known to have done at Athens. They had their 
stands or tables in the market place (Plat. Apol. 
p. 17, Hipp. Min. p. 368), and although the bank- 
ing and money changing business was mostly 
carried on by /xeroiKot, or resident aliens and freed- 
men, still these persons do not seem to have been 
looked upon with any disrespect, and the business 
itself was not disreputable. Their principal occu- 
pation was that of changing money at an agio 
(Isocrat. Trapez. 21 ; Dem. De fals. Leg. p. 376, 
c. Polycl. p. 1218 ; Pollux, iii. 84, vii. 170) ; but 
they frequently took money, at a moderate pre- 
mium, from persons who did not like to occupy 
themselves with the management of their own 
affairs. Thus the father of Demosthenes, e. g., 
kept a part of his capital in the hands of bankers. 
(Dem. c. Apiiob. i. p. 816.) These persons then lent 
the money with profit to others, and thus, to a 
certain degree, obtained possession of a monopoly. 
The greater part of the capital with which they 
did business in this way, belonged to others (Dem. 
p. Phorm. p. 948), but sometimes they also em- 
ployed capital of their own. Although their sole 
object was pecuniary gain (Dem. p. Phorm. p. 953), 
and not by any means to connect themselves with 
wealthy or illustrious families, yet they acquired 
great credit at Athens, and formed business con- 
nections in all the principal towns of Greece, 
whereby their business was effectually supported. 
(Dem. p. Phorm. p. 958, c. Polycl. p. 1224.) They 



even maintained so great a reputation that not only 
were they considered as secure merely by virtue of 
their calling, but such confidence was placed in 
them, that sometimes business was transacted with 
them without witnesses (Isocr. Trapez. 2), and 
that money and contracts of debt were deposited 
with them, and agreements were concluded or can- 
celled in their presence. (Dem. c. Callip. p. 1243, 
c. Dionysod. p. 1287.) The great importance of 
their business is clear from the immense wealth of 
Pasion, whose bank produced a net annual profit 
of 100 minae. (Dem. p. Phorm. p. 946.) There 
are, however, instances of bankers losing every- 
thing they possessed, and becoming utterly bank- 
rupt. (Dem. p. Phorm. p. 959, c. Steph. i. p. 1 120.) 
That these bankers took a high interest when they 
lent out money, scarcely needs any proof, their 
loans on the deposits of goods are sufficient evi- 
dence. (Dem. c. Nicostr. p. 1249.) Their usual 
interest was 36 per cent., an interest that scarcely 
occurs any where except in cases of money lent on 
bottomry. The only instance of a bank recognized 
and conducted on behalf of the state occurs at 
Byzantium, where at one time it was let by the 
republic to capitalists to farm. (Arist. Oecon. ii. 
p. 283 ; comp. Bdckh, PM. Econom. of Athens, 
p. 126, &c. 2d edit.) 

2. Roman. The Argentarii at Rome were also 
called argenteae mensae exercitores, argenti dis- 
tractores and negotiatores stipis argentariae. (Orelli, 
Inscript. n. 4060.) They must be distinguished 
from the mensarii or public bankers, though even 
the ancients confound the terms, as the mensarii 
sometimes did the same kind of business as the 
argentarii, and they must also be distinguished 
from the nummularis [Mensarii ; Nummu- 
larii.] The argentarii were private persons, who 
carried on business on their own responsibility, and 
were not in the service of the republic ; but the 
shops or tahernae which they occupied and in 
which they transacted their business about the 
forum, were state property. (Dig. 18. tit. 1. 
s. 32 ; Liv. xl. 51.) As their chief business was 
that of changing money, the argentarii probably 
existed at Rome from very early times, as the in- 
tercourse of the Romans with other Italian nations 
could not well exist without them ; the first men- 
tion, however, of their existing at Rome and 
having their shops or stalls around the forum, oc- 
curs about B. c. 350, in the wars against the Sam- 
nites. (Liv. vii. 21.) The business of the argen- 
tarii, with which that of the mensarii coincided 
in many points, was very varied, and comprised 
almost every thing connected with money or mer- 
cantile transactions, but it may be divided into 
the following branches. 1. Permutatio, or the 
exchange of foreign coin for Roman coin, in 
which case a small agio (collybus) was paid to 
them. (Cic. in Verr. iii. 78.) In later times 
when the Romans became acquainted with the 
Greek custom of using bills of exchange, the 
Roman argentarii, e. g., received sums of money 
which had to be paid at Athens, and then drew 
a bill payable at Athens by some banker in 
that city. This mode of transacting business 
is likewise called permutatio (Cic. ad Att. xii. 
24, 27, xv. 15 ; comp. v. 15, xi. I, 24, ad 
Fam. ii. 17, iii. 5, ad Quint. Frat i. 3, p. Ra- 
hir. 14), and rendered it necessary for the argen- 
tarii to be acquainted with the current value of 
the same coin in different places and at different 



ARGENTARII. 



ARGENTARII. 131 



tinies. (See the comment, on Cic. pro Quinct. 4.) 
2. The keeping of sum3 of money for other per- 
sons. Such money might be deposited by the 
owner merely to save himself the trouble of keep- 
ing it and making payments," and in this case it 
was called deposiium ; the argentarius then paid 
no interest, and the money was called vacua pe- 
cuniu. When a payment was to be made, the 
owner either told the argentarius personally or he 
drew a cheque. (Plaut. Curcul. ii. 3. 6b", Ace, iii. 
66, iv. 3. 3, Ate.) Or the money was deposited on 
condition of the argentarins paying interest ; in 
this case the money was called credilum, and the 
argentarius might of course employ the money 
himself in any lucrative maimer. (Suet. Aug. 39.) 
The argentarius thus did almost the same sort of 
business as a modern banker, ilany persons en- 
trusted all their capital to them (Cic. p. Caec. 6), 
and instances in which the argentarii made pay- 
ments in the name of those whose money they had 
in hand, are mentioned very frequently. A pay- 
ment made through a banker was called per men- 
sam, de mensa, or per mensae scripluram, while a 
payment made by the debtor in person was a pay- 
ment ex area or de domo. (Plaut. Curcul. v. 3. 
7, Ace., 43, Captiv. ii. 3. 89 ; Cic. ad Att. L 9, 
Top. 3 ; Schol. ad Horat. Sat. ii. 3. 69 ; Senec. 
Epint. 26 ; Gaius, iii. 131.) An argentarius 
never paid away any person's money without 
being either authorised by him in person or re- 
ceiving a, cheque which was called perscriptio, 
and the payment was then made either in cash, 
or, if the person who was to receive it, kept an 
account with the same banker, he had it added 
in the banker's book to his own deposit. This was 
likewise called perscribere or simply scribere. (Plaut 
Asin. ii. 4. 30, Ate, Curcul. v. 2. 20 ; Donat. ad 
Terent. I'ltorm. v. 7. 28, Ate, ad Adelph. ii. 4. 13 ; 
Cic ad Att. iv. 18, ix. 12, xii. 51, Philip, v. 4, 
in Verr. v. 19 ; Horat. Sat. ii. 3. 76.) It also oc- 
curs that argentarii made payments for persons who 
had not deposited any money with them ; this 
was equivalent to lending money, which in fact 
they often did for a certain per centage of interest 
(Plaut Cure. iv. 1. 19, 2. 22, True. i. 1. 51, &c, 
JCpid. i. 2. 40 ; Tac. Ann. vi. 17.) Of all this 
business, of the receipts as well as of the expen- 
diture, the argentarii kept accurate accounts in 
books called codices, tabulae or rationcs (Plin. //. N. 
ii. 7), and there is every reason for believing that 
they were acquainted with what is called in book- 
keeping double entry. When an argentarius set- 
tled his accounts with persons with whom he did 
business, it was done cither in writing or orally, 
both parties meeting for the purpose (Dig. 2. 
tit 14. s. 47. §1, 14. tit 3. s. 20; Plaut Au- 
lul. iii. 5. 53, Ate), and the party found to be in 
debt paid what he owed, and then had his name 
effaced (nomen ejpedire or cjpungerc) from the 
banker's books. (Plaut. Cist. i. 3. 41 ; Cic. ail 
Att. xvi. 6.) As the books of the nrgentarii were 
generally kept with great accuracy, and particu- 
larly in regard to dates, they were looked upon as 
documents of high authority, and were appealed 
to in the courts of justice as unexceptionable evi- 
dence. (Cic. p. Care. 6 ; Gellius, xiv. 2.) Hence 
the argentarii were often concerned in civil cases, 
as money transactions were rarely concluded with- 
out their influence or co-operation. Their codices 
or tabulae could not he withheld from n person 
who in court referred to them for the purpose of 



maintaining his cause, and to produce them was 
called edere (Dig. 2. tit 13. s. 1. § 1), or pro/erre 
codicem (2. tit. 13. s. 6. §§ 7, 8). 3. Their con- 
nection with commerce and public auctions. This 
branch of their business seems to have been one of 
the most ancient In private sales and purchases, 
they sometimes acted as agents for either party 
(interpretes, Plaut. Cure. iii. 1. 61), and sometimes 
they undertook to sell the whole estate of a person, 
as an inheritance. (Dig. 5. tit. 3. s. 18, 46. tit. 
3. s. 88.) At public auctions they were almost 
invariably present, registering the articles sold, 
their prices, and purchasers, and receiving the pay- 
ment from the purchasers. (Cic. p. Caec. 4, 6 ; 
Quinctil. xi. 2 ; Suet Ner. 5 ; Gaius, iv. 126 ; 
Capitolin. Anton. 9.) At auctions, however, the 
argentarii might transact business through their 
clerks or sen-ants, who were called couctores from 
their collecting the money. 4. The testing of the 
genuineness of coins (probatio nummorum). The 
frequent cases of forgery, as well as the frequent 
occurrence of foreign coins, rendered it necessary 
to have persons to decide upon their value, and the 
argentarii, from the nature of their occupation, were 
best qualified to act as probatorcs ; hence they 
were present in this capacity at all payments of 
any large amount This, however, seems originally 
to have been a part of the duty of public officers, 
the mensarii or nummularii, until in the course of 
time the opinion of an argentarius also came to be 
looked upon as decisive ; and this custom was 
sanctioned by a law of Marius Gratidianus. (Plin. 
//. A r . xxiii 9 ; comp. Cic. ad Att. xii. 5 ; Dig. 
46. tit 3. s. 39.) 5. The solidorum venditio, that 
is, the obligation of purchasing from the mint the 
newly coined money, and circulating it among the 
people. This branch of their functions occurs only 
under the empire. (Symmach. Epist. ix. 49 ; 
Procop. Anccd. 25 ; comp. Salmasius, De Usur. c. 
17. p. 504.) 

Although the argentirii were not in the service 
of the state, they existed only in a limited number, 
and formed a collegium, which was divided into 
societates or corporations, which alone had the right 
to admit new members of their guild. (Orelli, 
Inscript. n. 913, 995.) It appears that no one 
but free men could become members of such a cor- 
poration, and whenever slaves are mentioned as 
argentarii, they must be conceived as acting only 
as servants, and in the name of their masters, who 
remained the responsible parties even if slaves had 
transacted business with their own peculiuin. (Dig. 
2. tit. 13. 8. 4. § 3, 14. tit. 3. s. 19.) With regard 
to the legal relation among the members of the 
corporations, there existed various regulations ; one 
member (socius), for example, was responsible for 
the other. (Auct ad I/erenn. ii. 1 3 ; Dig. 2. tit 
14. ss. 9, 25, 27.) They also enjoyed several 
privileges in the time of the empire, and Justinian, 
a particular patron of the argentarii, greatly in- 
creased these privileges (Justin. A'ot\ 1 36) ; but 
dishonest argentirii were always severely punished 
(Suet flalb. 10; Anson. E/iigr. 15), and in the 
time of the emperors, they were under the super- 
intendence ol the pnu-fectus urbi. (Dig. I. tit. 12. 
i. I. § 9.) 

As regards the respectability of the argentirii, 
the passages of the ancient* seem to contradict one 
another, for some writers s|K-ak of their occupation 
as respectable and honourable (Cic. p. Carr. 4 ; 
AnreL Vict 72; Suet. Vesji. 1 ; Acrnu. tut lluraL 
K 2 



132 



ARGENTUM. 



ARGENTUM. 



Sat. i. 6. 86), while others speak of them with 
contempt (Plaut. Cure. iv. 2. 20, Casin. Prol. 25, 
&c. ; Trucul. i. 1. 47) ; hut this contradiction may 
be easily reconciled by distinguishing between a 
lower and a higher class of argentarii. A wealthy 
argentarius who carried on business on a large 
scale, was undoubtedly as much a person of re- 
spectability as a banker in modern times ; but 
others who did business only on a small scale, 
or degraded their calling by acting as usurers, can- 
not have been held in any esteem. It has already 
been observed that the argentarii had their shops 
round the forum (Liv. ix. 40, xxvi. 11, 27 ; Plaut. 
True. i. 1. 51 ; Terent. Phorm. v. 8. 28, Adelph. 
ii. 4. 1 3) ; hence to become bankrupt, was expressed 
by foro cedere, or abire, or foro merqi. (Plaut. 
Epid. i. 2. 16; Dig. 16. tit. 3. s. 7. § 2.) The 
shops or booths were public property, and built by 
the censors, who sold the use of them to the argen- 
tarii. (Liv. xxxix. 44, xl. 51, xli. 27, xliv. 16 ; 
comp. J. G. Sieber, Dissertat. de Argentariis, Lip- 
siae, 1737; H. Hubert, Disput. juridicae III. de 
Argentaria veterum, Traject. 1739 ; W. T. Kraut, 
De Argentariis et Nummulariis, Gbttingen, 
1826.) [L. S.] 

ARGENTUM (apyvpos), silver, one of the two 
metals which, on account of their beauty, their du- 
rability, their density, and their rarity, have been 
esteemed in all civilised countries, and in all ages, as 
precious, and which have, on account of the above 
qualities and the facility of working them, been used 
for money. The ancients were acquainted with silver 
from the earliest known periods. (Pliny ascribes its 
discovery to Erichthonius or to Aeacus, A^. vii. 
56. s. 57.) It is constantly mentioned in Homer ; 
but in a maimer which proves that it was com- 
paratively scarce. It was much more abundant in 
Asia than in Greece Proper, where there were not 
many silver mines. The accounts we have of the 
revenues of the early Lydian and Persian kings, 
and of the presents of some of them, such as Gyges 
and Croesus, to Pytho and other shrines, proves 
the great abundance of both the precious metals in 
Western Asia. Of this wealth, however, a very 
large proportion was laid up in the royal and 
sacred treasuries, both in Asia and in Greece. But 
in time, and chiefly by the effects of wars, these 
accumulations were dispersed, and the precious 
metals became commoner and cheaper throughout 
Greece. Thus, the spoils of the Asiatics in the 
Persian wars, and the payment of Greek merce- 
naries by the Persian kings, the expenditure of 
Pericles on war and works of art, the plunder of 
the temple of Delphi by the Phocians, the military 
expenses and wholesale bribery of Philip, and, 
above all, the conquests of Alexander, caused a 
vast increase in the amount of silver and gold in 
actual circulation. The accounts we have of the 
treasures possessed by the successors of Alexander 
would be almost incredible if they were not per- 
fectly well attested. 

It was about this time also that the riches of 
the East began to be familiar to the Romans, 
among whom the precious metals were, in early 
times, extremely rare. Very little of them was 
found in Italy ; and though Cisalpine Gaul fur- 
nished some gold, which was carried down by the 
Alpine torrents, it contained but a very small pro- 
portion of silver. The silver mines of Spain had 
been wrought by the Carthaginians at a very 
early period ; and from this source, as well as 



from the East, the Romans no doubt obtained most 
of their silver as an article of commerce. But 
when first Spain and then Greece, Asia Minor, 
and Syria, were brought beneath the Roman 
power, they obtained that abundant supply both 
of silver and gold which formed the instrument of 
the extravagance and luxury of the later republic 
and the empire. " The value of the precious 
metals did not, however, fall in proportion to their 
increase, as large quantities, wrought for works of 
art, were taken out of circulation." (Bockh.) 

The relative value of gold and silver differed 
considerably at different periods in Greek and 
Roman history. Herodotus mentions it (iii. 95) 
as 13 to I ; Plato (Hipp. c. 6. p. 231), as 12 to 1 ; 
Menander (op. Polluc. ix. 76), as 10 to 1 ; and 
Livy (xxxviii. 11), as 10 to 1, about b. c. 189. 
According to Suetonius (Jul. Caes. 54), Julius 
Caesar, on one occasion, exchanged silver for gold 
in the proportion of 9 to 1 ; but the most usual 
proportion under the early Roman emperors was 
about 12 to 1 ; and from Constantine to Justinian 
about 14 to 1, or 15 to 1. The proportion in mo- 
dern times, since the discovery of the American 
mines, has varied between 17 to 1 and 14 to 1. 

Silver Mines and Ores. — In the earliest times 
the Greeks obtained their silver chiefly as an 
article of commerce from the Phocaeans and the 
Samians ; but they soon began to work the rich mines 
of their own country and its islands. The chief 
mines were in Siphnos, Thessaly, and Attica. In 
the last-named country, the silver mines of Laurion 
furnished a most abundant supply, and were gene- 
rally regarded as the chief source of the wealth of 
Athens. We learn from Xenophon (Vectig. iv. 
2), that these mines had been worked in remote 
antiquity ; and Xenophon speaks of them as if he 
considered them inexhaustible. In the time of 
Demosthenes, however, the profit arising from 
them had greatly diminished ; and in the second 
century of the Christian era they were no longer 
worked. (Paus. i. 1. § 1.) The Romans obtained 
most of their silver from the very rich mines of 
Spain, which had been previously worked by the 
Phoenicians and Carthaginians, and which, though 
abandoned for those of Mexico, are still not ex- 
hausted. The ore from which the silver was ob- 
tained was called silver earth (apyvpins yrj, or 
simply apyvpiris, Xen. Vectig. i. 5, iv. 2). The 
same term (terra) was also applied to the ore by 
the Romans. 

A full account of all that is known respecting 
the ores of silver known to the ancients, their 
mining operations, and their processes for the re- 
duction of the ores, is given by Bbckh. (Disserta- 
tion on the Silver Mines of Laurion, §§ 3, 4, 5.) 

Uses of Silver. — ■ By far the most important use 
of silver among the Greeks was for money. It 
was originally the universal currency in Greece. 
Mr. Knight, however, maintains (Prol. Horn.) that 
gold was coined first because it was the more 
readily found, and the more easily worked ; but 
there are sufficient reasons for believing that, un- 
til some time after the end of the Peloponnesian 
war, the Athenians had no gold currency. [Au- 
RUM.] It may be remarked here that all the 
words connected with money are derived from 
apyvpos, and not from xp v(T ^ s i as KarapyvpSa, 
"to bribe with money;" a.pyupafioi§6s, "a money- 
changer," &c. ; and &pyvpos is itself not unfre- 
quently used to signify money in general (Soph. 



ARGIAS G RAPHE. 



ARIES. 



133 



Aniig. 295), as aes is in Latin. At Rome, on the 
contrary, silver was not coined till B. c. 269, before 
which period Greek silver was in circulation at 
Rome ; and the principal silver coin of the Ro- 
mans, the denarius, was borrowed from the Greek 
drachma. For further details respecting silver 
money, see Nu.mmvs, Denarius, Drachma. 

From a very early period, silver was used also 
in works of art. Its employment for ornamenting 
arms, so often referred to by Homer, belongs to 
this head. The use of it for mere purposes of 
luxury and ostentation, as in plate, seems to have 
become generally prevalent about the close of the 
Peloponnesian wars (Athen. vi. p. 229, f.), but 
much more so from the time of Alexander, after 
which it becomes so common as hardly to need 
any proof or illustration, — more common indeed 
than with us. (Cic. in Verr. iv. 21.) The Ro- 
mans distinguished between plain and chased silver 
vessels by calling the former pura or levia (Plin. 
Ep. iii. 1 ; Juv. ix. 141, xiv. 62 ; Mart. iv. 38), 
and the latter caelata, asj^era, or toreumata. [Cae- 
latura; Torectice.] 

The chief ancient authorities respecting silver, 
as well as gold, arc the 3d, 4th, and 5th books of 
Strabo, the 5th of Diodorus, especially cc. 27 and 
36, and the 33d of Pliny, from c. 6. s. 31 ; of mo- 
dern works the most important are Bb'ckh's Public 
Economy of Alliens, Bk. i. cc. 1 — 3, with the sup- 
plementary Dissertation on the Stiver Mines of 
L<iurion,an& Jacob's History of tlie Precious Me- 
tals. [P.S.] 

A'RGIAS GRAPHE' (apyias ypcuph), that is, 
an action for idleness. Vagrants and idlers were 
not tolerated at Athens from very early times, and 
every person was obliged to be able to state by 
what means he supported himself. (Herod, ii. 
177 ; Diod. L 77.) According to some (Plut. 
So/. 37, Pollux, viii. 42), even Draco had enacted 
laws against idleness, while, according to others, 
Solon, in his legislation, borrowed these laws from 
the Egyptians, and others again state that Peisis- 
tratus was the first who introduced them at Athens. 
(Plut. Sol. 31.) In accordance with this law, 
which is called aprylai v6pos, all poor people were 
obliged to signify that they were carrying on some 
honourable business by which they gained their 
livelihood (Dem. c. EuIjuI. p. 1 308 ; Isocrat. Areo- 
pag. 17 ; Dionys. xx. 2) ; and if a person by his 
idleness injured his family, an action might be 
brought against him before the archon cponymus 
not only by a member of his family, but by any 
one who chose to do so. (Lexic. Srijuer. p. 310.) 
At the time when the Arciopagus was still in the 
full possession of its powers, the archon seems to 
have laid the charge before the court of the Arcio- 
pagus. If the action was brought against a person 
for the first time, a fine might be inflicted on him, 
and if he wag found guilty a second or third time, 
he might be punished with iripla. (Pollux, viii. 
42.) Draco had ordnined atimia as the penalty 
even for the first conviction of idleness. (Plot., 
Poll. //. cc.) This law was modified by Solon, 
who inflicted atimia only when n person was con- 
victed a third time, and it is doubtful as to whe- 
ther in later times the atimia was inflicted at all 
for idleness. As the Arciopagus was entrusted 
with the general superintendence of the moral con- 
duct of citizens, it is probable that it might inter- 
fere in cases of &pyia, even when no one came for- 
ward to bring an action against a person guilty of 



it. (Val. Max. ii. 6 ; Platner, Process, ii. p. 1 50, 
&c. ; Meier und Schoemann, Att. Proc. pp. 193, 
298, &c. ; Bbckh, Pub!. Econ. p. 475, 2d edit.) 
According to Aelian ( V. H. iv. 1), a similar law 
existed also at Sardes. [L. S.] 

ARGU'RIOU DIKE' (apyvpiov oIkv), a civil 
suit of the class irp6s two, and within the juris- 
diction of the thesmothetae, to compel the defend- 
ant to pay monies in his possession, or for which 
he was liable, to the plaintiff. This action is 
casually alluded to in two speeches of Demos- 
thenes (m Boeot. p. 1002, in Olympiodor. p. 1179), 
and is treated of at large in the speech against 
Callippus. [J. S. M.] 

ARGYRA'SPIDES (apyvpd<nrioes), a division 
of the Macedonian army of Alexander the Great, 
who were so called because they carried shields 
covered with silver plates. They were picked 
men, and were commanded by Xicanor, the son of 
Parmenion, and were held in high honour by 
Alexander. After the death of Alexander they 
followed Eumenes, but afterwards they deserted to 
Antigonus, and delivered Eumenes up to him. 
Antigonus, however, soon broke up the corps, find- 
ing it too turbulent to manage. (Diod. xvii. 57, 
58, 59, xviii. 63, xix. 12, 41, 43, 48 ; Justin, xii. 
7 ; Curtius, iv. 13 § 27 ; Plutarch, Eumen. 13,&c. ; 
Droysen, Nachfolg. Alex, passim. ) The Greek kings 
of Syria seem to have had a corps of the same name 
in their army : Livy mentions them as the royal 
cohort in the army of Antiochus the Great. (Liv. 
xxxvii.40; Polyb. v. 79.) The Emperor Alex- 
ander Scverus, among other things in which he 
imitated Alexander the Great, had in his army 
bodies of men who were called arijyroaspides and 
</,n/*','ts/,i,/,s. ( Lamprid. A/ex. Sec. .")(».) [P.S.] 

AHGYROCOPEION (apyvpoxo-vt'iov), the 
place where money was coined, the mint, at Athens. 
It appears to have been in or adjoining to the 
chapel (riptjiov) of a hero named Stephancphorus, 
in which were kept the standard weights for the 
coins, just as at Rome in the sanctuary of Juno 
Moneta. [Moneta.] (Pollux, vii. 103; Har- 
pocrat. ; Suid. ; Bbckh, Corp. Jnscr. vol. i. p. 164, 
and the explanation of that inscription in his 
Public Economy of Athens, p. 144, 2nd ed. ; comp. 
Talentim.) [P.S.] 

ARIADNEIA (ipiaSveia), festivals solemnized 
in the island of Naxos in honour of Ariadne, who, 
according to one tradition, had died here a natural 
death, and was honoured with sacrifices, accom- 
panied by rejoicing and merriment. (Pint. Thcs. 
20.) Another festival of the same name was 
celebrated in honour of Ariadne in Cyprus, which 
was said to have been instituted by Theseus in 
commemoration of her death in the month of Gor- 
piaeus. The Amathusians called the grove in 
which the grave of Ariadne was shown, that of 
Aphrodite-Ariadne. This is the account given by 
Plutarch (Thcs. 20) from Paeon, an Amathusian 
writer. (Comp. C. F. Hermann, Mirk, drs (Jotiet- 
dienstl. Altcrthumer, § 65. n. 12.) [L. S.] 

A'RIES (npi6t), the Iwittering-rnm, was used to 
shake, perforate, and halter down the walls of be- 
sieged cities. It consisted of a large beam, made 
of the trunk of n tree, especially of a fir or an ash. 
To one end was fastened a mass of bronze or iron 
(KtipaKi), IpSoki), itporopi)), which resembled in 
its form the head of a ram. The upper figure in 
the nnnexed woodcut is taken from the bas-reliefs 
on the column of Trajan at Rome. It shows tho 
k 3 



134 ARISTOCRATIA. 



ARISTOCRATIA. 



aries in its simplest state, and as it was borne and 
impelled by human hands, without other assistance. 
In an improved form, the ram was surrounded with 
iron bands, to which rings were attached for the 
purpose of suspending it by ropes or chains from a 
beam fixed transversely over it. See the lower 
figure in the woodcut. By this contrivance the 
soldiers were relieved from the necessity of sup- 
porting the weight of the ram, and they could with 
ease give it a rapid and forcible motion backwards 
and forwards. 




ft ifl 

The use of this machine was further aided by 
placing the frame in which it was suspended upon 
wheels, and also by constructing over it a wooden 
roof, so as to form a " testudo " (xeX&vq Kpioq>6pos, 
Appian, Bell. Mith. 73 ; testudo arietaria, Vitruv. x. 
19), which protected the besieging party from the 
defensive assaults of the besieged. Josephus, who 
gives a description of the machine (B. J. iii. 7. § 19), 
adds, that there was no tower so strong, no wall 
so thick, as to resist the force of this machine, if 
its blows were continued long enough. The beam 
of the aries was often of great length, e.g. 80, 100, 
or even 120 feet. The design of this was both to 
act across an intervening ditch, and to enable those 
who worked the machine to remain in a position of 
comparative security. A hundred men, or even a 
greater number, were sometimes employed to strike 
with the beam. 

The aries first became an important military 
engine in the hands of the Macedonians, at the 
time of Philip and Alexander the Great, though 
it was known at a much earlier period. (Comp. 
Thuc. ii. 76.) Vitmvius speaks (I. c.) of Polydus, 
a Thessalian, in the time of Philip, who greatly 
improved the machine, and his improvements were 
carried out still further by Diades and Chaereas, 
who served in the campaigns of Alexander the 
Great. The Romans learnt from the Greeks the 
art of building these machines, and appear to have 
employed them for the first time to any considerable 
extent in the siege of Syracuse in the second Punic 
war. [Helepolis.] 

ARISTOCRA'TIA (apio-To/cpa-Wo), a term 
in common use among Greek writers on politics, 
though rarely employed by historians, or otherwise 
than in connection with political theories. It sig- 
nifies literally " the government of the best men," 
and as used by Plato, Aristotle, Polybius, &c, it 
meant (in reference to a state where political 
power was not shared by the bulk of the commu- 
nity, but was in the hands of a privileged class, 



existing along with a class personally free, and 
possessed of civil rights, but excluded from the 
exercise of the highest political functions) the go- 
vernment of a class whose supremacy was founded 
not on wealth merely, but on personal distinction 
(iirov /XT) fxSvov tt\ovtMt)v aWa. Kal apiiTTivZ-qv 
alpovvrai ras apxas, Aristot. Pol. iv. 5. p. 127, 
ed. Gb'ttl. 'H aptaroKpaTla fiovkerai ttjv iirepoxk" 
airovtfieiv toIs apiaroii tu>v ttoKit&v, Ibid. p. 
128). That there should be an aristocracy, more- 
over, it was essential that the administration of 
affairs should be conducted with a view to the 
promotion of the general interests, not for the ex- 
clusive or predominant advantage of the privileged 
class. . (Aristot. Pol. iii. 5, p. 83, ed. Gb'ttl. ; Plat. 
Polit. p. 301, a.) As soon as the government 
ceased to be thus conducted, or whenever the only 
title to political power in the dominant class was the 
possession of superior wealth, the constitution was 
termed an oligarchy (oAryapX'a), which, in the 
technical use of the term, was always looked upon 
as a corruption {irapeKSaffis, Aristot. Pol. iii. 5. 
p. 84, ed. Gottl.) of an aristocracy. (Comp. Plat. 
I. c. ; Arist. Pol. iv. 3. pp. 117, 118, ed. Gottl. iv. 6, 
apiaroKparlas yap 'Spos apery], bXiyapx'ias Se irXov- 
tos.) In the practical application of the term aris- 
tocracy, however, the personal excellence which was 
held to be a necessary element was not of a higher 
kind than what, according to the deeply-seated 
ideas of the Greeks, was commonly hereditary in 
families of noble birth (Plat. Menex. jd. 237, a., 
Cratyl. p. 394, a. ; Aristot. Pol. iv. 6, 7] yap eu- 
yiveia icriu apxatos ttXovtos Kal aperi). v. 1, 
zbyeveis yap eluai SoKovffiv oTs virdpxei irpoy6va>v 
dpeT-J; /cal irXovros), and in early times would 
be the ordinary accompaniments of noble rank, 
namely, wealth, military skill, and superior edu- 
cation and intelligence (comp. Aristot. Pol. iv. 6, 
duBaci KaXeiv .... apiaTOKparias Sta to fiaXXov 
a.KoXov6e7i/ TraiSeiav Kal evyivtiav toIs eviropcure- 
pois). It is to be noted that the word apitiTo- 
Kparia is never, like the English term aristocracy, 
the name of a class, but only of a partioilar political 
constitution. 

On tracing the historical development of aris- 
tocratical government, we meet with a condition 
of things which may almost be called by that 
name in the state of society depicted in the 
Homeric poems, where we already see the power 
of the kings limited by that of a body of princes 
or nobles, such as would naturally arise in the in- 
fancy of society, especially among tribes in which, 
from the frequency of wars, martial skill would 
be a sure and speedy method of acquiring supe- 
riority. When the kingly families died out, or 
were stripped of their peculiar privileges, the su- 
preme power naturally passed into the hands of 
these princes or chieftains, who formed a body of 
nobles, whose descendants would of course for the 
most part inherit those natural, and be also alone in 
a position to secure those acquired advantages, espe- 
cially warlike skill, which would form their title 
to political superiority. Some aristocracies thus 
arose from the natural progress of society : others 
arose from conquest. The changes consequent on 
the rise of the Hellenes, and the Thessalian, 
Boeotian and Dorian conquests in Greece, esta- 
blished pretty generally a state of things in which 
we find the political power in the hands of a body 
of nobles consisting chiefly or entirely of the con- 
querors, beneath whom is a free population not 



ARMA 

possessed of political rights, consisting of the older 
inhabitants of the land, together with, in most 
instances, a body of serfs attached to the domains 
of the nobles. These last are described under 
various names, as EuTraTpi'Sai in Attica, or Tauopoi 
as in Syracuse and several of the Doric states. 
From the superior efficiency of the cavalry in early 
times, we also find the nobles as a class bearing 
the name 'IircroVcu, '\inrtis, or '\imoScrrai (as in 
Chalcis, Herod, v. 77), since, generally speaking, 
they alone had wealth sufficient to enable them to 
equip themselves for that kind of service ; and in 
most states the first great advance of the com- 
monalty in power arose from their gaining greater 
efficiency as heavy-armed foot soldiers ; that force, 
when properly organised and armed, being found 
more than a match for cavalry. (See especially 
Arist. Pol iv. 3, 10 ; K. F. Hermann, Griech. 
Staatsalterth. c. iii. §§ 55 — 59 ; AVachsmuth, Hel- 
len. Atterthumsk, vol. i. c. 3. §§ 30, 31 ; Thirl- 
wall, Hist, of Greece, vol. i. c. 10. p. 394, &c.) 
Compare the articles Eufathidab, Geomori, 
Patricil [C. P. M.] 

ARMA, ARMATU'RA (ftrAo, Horn, into, 
rfvxfa), arms, armour. Homer describes in various 
passages the entire suit of armour of some of his 
greatest warriors, viz. of Achilles, Patroclus, Aga- 
memnon, Menelaus and Paris (77. iii. 328 — 339, 
iv. 132— 138, xi. 15 — 15, xvi. 130— 142, xix. 364 
— 391) ; and we observe that it consisted of the 
same portions which were used by the Greek soldiers 
ever after. Moreover, the order of putting them on 
is always the same. The heavy-armed warrior, 
having already a tunic around his body, and pre- 
paring for combat, puts on, — first, his greaves (kvt\- 
fiiits, ocreae) ; secondly, his cuirass (Stipa£, lorica), 
to which belonged the furpri underneath, and the 
zone (f<2pi;, (utrrrip, cingulum) above ; thirdly, his 
sword (£t'<po;, ensis, gladius) hung on the left side of 
his body by means of a belt which passed over the 
right shoulder; fourthly, the large round shield 
(aixos, aawis, clipeus, scutum), supported in the 
same manner ; fifthly, his helmet (jt6pvs, Kuvb), cas- 
sis, galea) • sixthly and lastly, he took his spear 
(tyxos, S6pu, hasta), or, in many cases, two spears 
(Sovpt Svw). The form and use of these portions 
arc described in separate articles under their Latin 
names. The annexed woodcut exhibits them all in 
the form of a Greek warrior attired for battle, as 
shown in Hope's Costume of the Ancients (i. 70). 

Those who were defended in the manner which 
has now been represented, are called by Homer 
aanto'rat, from their great shield (iunrls) ; al.«o 
ayx*iidx ot i because they fought hand to hand 
with their adversaries ; but much more commonly 
■Kp6/iaxot because they occupied the front of the 
army : and it is to be observed that these terms, 
especially the last, were honourable titles, the ex- 
pense of a complete suit of armour (iravoTrAiTj, 
Herod, i. 60) being of itself sufficient to prove the 
wealth and rank of the wearer, while his place on 
the field was no less indicative of strength and 
bravery. 

In later times, the heavy-armed soldiers were 
called foXlroi, because the term oVAa more espe- 
cially denoted the defensive armour, the shield and 
thorax. Uy wearing these they were distinguished 
fam the light-armed, whom Herodotus (ix. 62, 
6:1), fur the reason just mentioned, calls SVorrAoi, 
and who are also denominated >|<iAoi, and yvpvoi, 
yvfivrfTok, or yvnyf/rt s. Instead of being defended 



ARMA 135 

by the shield and thorax, their bodies had a 
much slighter covering, sometimes consisting of 




skins, and sometimes of leather or cloth ; and in- 
stead of the sword and lance, they commonly fought 
with darts, stones, bows and arrows, or slings. 

Besides the heavy and light-armed soldiers, the 
4irA?Tot and <|>iAoi, who in general bore towards 
one another the intimate relation now explained, 
another description of men, the ir(ATcurra(, also 
formed a part of the Greek army, though we do 
not hear of them in early times. Instead of the 
large round shield, they carried a smaller one called 
the ire'AT7j, and in other respects their armour was 
much lighter than that of the hoplites. The weapon 
on which they principally depended was the spear. 

The Roman soldiers had different kinds of arms 
and armour ; but an account of the arms of the 
different kinds of troops cannot be separated from a 
description of the troops of a Roman army, and the 
reader is therefore referred to Exercitus. We 
need only give here the figure of a Roman soldier 
taken from the arch of Septimus Scvcnis at Rome. 
On comparing it with that of the Greek hoplitc in 
the other cut, we perceive that the several parts of 
the armour correspond, excepting only that the 
Roman soldier wears a dagger (iiaxaipa, pugio) 
on his right side instead of a sword on his left, and 
instead of greaves upon his legs, has femoralia and 
caliguc. All the essential parts of the Roman 
heavy armour (lorica, ensis, clipeus, galea, hasta) 
arc mentioned together in an epigram of Martial 
(ix. 57) ; and all except the spenr in a well known 
passage (liplt. vi. 14 — 17) of St. Paul, whose enu- 
meration exactly coincides with the figures on the 
arch of Sevens, nnd who makes mention not only 
of greaves, but of shoes or sandals for the feet. 

The soft or flexible parts of the heavy armour 
were made of cloth or leather. The metal princi- 
pally used in their formation was that compound of 
copper nnd tin which we call bronze, or more 
k I 



136 



ARMILLA. 



ARMILLA. 



properly bell-metal. [Aes.] Hence the names 
for this metal (xaA.Ko"s, aes) are often used to mean 




armour, and the light reflected from the arms of a 
warrior is called avy^i x a ^ K£ir l hy Homer, and lux 
ai-tia by Virgil. (Aen. ii. 470.) Instead of copper, 
iron afterwards came to be very extensively used 
in the manufacture of arms, although articles made 
of it are much more rarely discovered, because iron 
is by exposure to air and moisture exceedingly liable 
to corrosion and decay. Gold and silver, and tin 
unmixed with copper, were also used, more espe- 
cially to enrich and adorn the armour. [J. Y.] 

ARMA'RIUM, originally a place for keeping 
arms, afterwards a cupboard, set upright in the 
wall of a room, in which were kept not only arms, 
but also clothes, books, money, ornaments, small 
images and pictures, and other articles of value. 
The armarium was generally placed in the atrium 
of the house. (Dig. 33. tit. 10. s. 3 ; Cic. Pro 
Cluent. 64 ; Petron. Sat. 29 ; Plin. H. N. xxix. 
5. s. 32, xxxv. 2.) The divisions of a library 
were called armaria. (Vitruv. vii. Praef. ; Vopisc. 
Tac. 8.) We find armarium distcgum mentioned 
as a kind of sepulchre in an inscription in Gruter 
(p. 383. No. 4). For other passages see Forcel- 
lini, s.v. [P. S.] 

ARMILLA {tyaXiou, if/4\wv, or \]/4A\iov, x^i- 
S<iv, a/«£i8eai), a bracelet or armlet, worn both by 
men and women. It was a favourite ornament of 
the Medes and Persians (Herod, viii. 113, ix. 80 ; 
Xen. Anab. i. 2. § 27) ; and in Europe was also 
worn by the Gauls and Sabines. (Gell. ix. 13 ; 
Liv. i. 11.) Bracelets do not appear to have been 
worn among the Greeks by the male sex, but Greek 
ladies had bracelets of various materials, shapes, 
and styles of ornament. The bracelet was some- 
times called o-Qiynr-tip (from a<piyyw), in Latin 
spinffier or spinier (Plaut. Menaech. iii. 3), which 
derived its name from its keeping its place by com- 
pressing the arm of the wearer. Bracelets seem to 
have been frequently made without having then- 
ends joined ; they were then curved, so as to require, 



when put on, to be slightly expanded by having 
their ends drawn apart from one another ; and, ac- 
cording to their length, they went once, twice, or 
thrice round the arm, or even a greater number of 
times. As they frequently exhibited the form of 
serpents, they were in such cases called snakes 
(o<j>eis) by the Athenians (Hesych. s. v. ofeis). 
Twisted bracelets of the kind described above often 
occur on Greek painted vases. See the annexed 
cut from Sir William Hamilton's great work, 
vol. ii. pi. 35. 




Bracelets were likewise worn at Rome by ladies 
of rank, but it was considered a mark of effeminacy 
for men in an ordinary way to use such female 
ornaments. (Suet. Cat 52, Ner. 30.) They were, 
however, publicly conferred by a Roman general 
upon soldiers for deeds of extraordinary merit 
(Liv. x. 44 ; Plin. H. N. xxxiii. 2 ; Festus, s.v.); 
in which case they were worn as a mark of honour, 
and probably differed in form from the ordinary 
ornaments of the kind. See the cut below. 

The following cuts exhibit Roman bracelets. 
The first figure represents a gold bracelet dis- 
covered at Rome on the Palatine Mount. (Caylus, 
Rec. oVAnt. voL v. pi. 93.) The rosette in the 
middle is composed of distinct asd very delicate 
leaves. The two starlike flowers on each side of 
it have been repeated where the holes for securing 
them are still visible. The second figure represents 




ARRA. 



ARTABA. 



137 



a gold bracelet found in Britain, and preserved in 
the British Museum. It appears to be made of two 




gold wires twisted together, and the mode of fas- 
tening it upon the arm, by a clasp, is worthy of ob- 
servation. It has evidently been a lady's ornament 
The third figure represents an armilla, which must 
have been intended as a reward for soldiers, for it 
would be ridiculous to suppose such a massive or- 
nament to have been designed for women. The 
original, of pure gold, is more than twice the 
length of the figure, and was found in Cheshire. 
(Archaeologia, xxviL 400.) 

ARMILU'STRIUM, a Roman festival for the 
purification of arms. It was celebrated every year 
on the 14th before the calends of November (Oct. 
19), when the citizens assembled in arm3 and 
offered sacrifices in the place called Armilustrum, 
or Vicus Armilustri, in the 13th region of the city. 
(Fcstus, s. c; Varro, De Ling. Lot. iv. 32, v. 3 ; 
Liv. xxvii. 37; P. Vict. De Regionibus, L'.R.; 
Inscrip. in Grutor, p. 250.) [P. S.] 

ARRA,A'RRABO,or ARRHA,A'RRHABO, 
Oaius (iii. 139.) says: " What is given as arra, is 
a proof of a contract of buying and selling;" but 
it also has a more general signification. That thing 
was called arrha which one contracting party gave 
to another, whether it was a sum of money or any- 
thing else, as an evidence of the contract of sale 
being made : it was no essential part of the con- 
tract of buying and selling, but only evidence of 
agreement as to price. (Gaius, Dig. 1 8. tit. 1 . s. 3.5). 
An arrha might be given before the completion 
of a contract, when the agreement was that some 
formal instrument in writing should be made, 
before the contract should be considered perfect. 
If he who gave the arrha refused to perfect the 
contract, he forfeited it : if he who had received 
the arrha, refused to perfect the contract, he was 
obliged to return double the amount of the arrha. If 
the arrha was given as evidence of a contract abso- 
lutely made, it was evidence of the unalterable 
obligation of the contract, which neither party 
alone could rescind ; unless the arrha was ex- 
pressly given to provide for the case of cither 
party changing his mind, on the condition that if 
the giver receded from his bargain, he should for- 
feit the arrha, and if the receiver receded from 
hit bargain, he should forfeit double its value. 
When the contract was completely performed, in 
all cases where the arrha was money, it was re- 
stored, or taken as part of the price, unless special 
customs determined otherwise ; when the nrrha 
was a ring or any other thing, not money, it was 
restored. The recovery of the arrha was by a 
personal action. 

The arrha in some respects resembles the deposit 



of money which a purchaser of land in England 
generally pays, according to the conditions of sale, 
on contracting for his purchase ; and the earnest 
money sometimes paid on a sale of moveable 
things. 

The term arrha, in its general sense of an evi- 
dence of agreement, was also used on other oc- 
casions, as in the case of betrothment (sponsaliu). 
[ Matrimonii: ji.] Sometimes the word arrha is 
used as synonymous with pignus (Terent. Heautont. 

iii. 3. 42), but this is not the legal meaning of 
the term. (Thibaut, System des Pandekten-Reehts, 
§ 144 ; Inst. iii. tit. 23 '; Dig. 18. tit. 1. s. 35 ; tit 3. 
s. 6 ; 14. tit. 3. s. 5. § 15 ; 19. tit. 1. s. 11. § C ; 
Cod. 4. tit 21. s. 17; Gellius, xvii. 2; compare 
Bracton, ii. c. 27, De acquirendo Rerum Domi- 
nio in causa Emptionis, and what he says on the 
arrha, with the passage in Gaius already referred 
to.) [G. L.] 

ARRHEPHO'RIA (a,3,$i;cpd>a), a festival 
which, according to the various ways in which the 
name is written (for we find ipo-n<popta or £pfini<p6pia) 
is attributed to different deities. The first form is 
derived from Upp-nra, and thus would indicate a 
festival at which mysterious things were carried 
about The other name would point to Erse or 
Herse, a daughter of Cecrops, and whose worship 
was intimately connected with that of Athena. 
And there is, indeed, sufficient ground for believ- 
ing that the festival was solemnized, in a higher 
sense, in honour of Athena. (Etymol. Mag. s. v. 
'A^i)<pdpoi.) It was held at Athens, in the month 
of Skirophorion. Four girls, of between seven and 
eleven years (aty-r)<p6poi, ip<?T\<p6poi, {p"f>r)ip6poi ; 
Aristoph. Lysist. 642), were selected every year 
by the king archon from the most distinguished 
families, two of whom superintended the weaving 
of the sacred peplus of Athena, which was begun 
on the last day of Pyanepsion (Suid. s. v. XoA- 
K(ia) ■ the two others had to carry the mysterious 
and sacred vessels of the goddess. These latter 
remained a whole year on the Acropolis, cither in 
the Parthenon or some adjoining building (Ilar- 
pocrat s. v. Aetvvo<p6pos : Pans. i. 27. § 4) ; and 
when the festival commenced, the priestess of the 
goddess placed vessels upon their heads, the con- 
tents of which were neither known to them nor to 
the priestess. With these they descended to a 
natural grotto within the district of Aphrodite in 
the gardens. Here they deposited the sacred ves- 
sels, and carried back something else, which was 
covered and likewise unknown to them. After 
this the girls were dismissed, and others were 
chosen to supply' their place in the acropolis. The 
girls wore white robes adorned with gold, which 
were left for the goddess ; and a peculiar kind of 
cakes was baked for them. To cover the expenses of 
the festival, a peculiar liturgy was established, called 
ify-nipopia. All other details concerning this fes- 
tival arc unknown. (Comp. C..F. Hermann, UM>, 
der gattttdimUL Alterth. § Gl. n. 9.) [L. S.J 

ARROGA'TIO. [Adoptio.] 

A'RTAHA (afcTttfirj), a Persian measure of 
capacity, principally used as a corn-measure, which 
contained, according to Herodotus (i. 192), I me- 
dimntis and 3 choenices (Attic), i.e. 51 choenices 
= 102 Roman sextarii= 12} gallons nearly; but, 
according to Suidas, HesycluiM, Pofyacnus (Strut. 

iv. 3, 32), and Kpiphnnius (Pond. 24) only 1 
Attic medimnus = 96 scxtnrii = 12 gallons nearly: 
the latter is, however, only an approximate vulue. 



138 ARVALES FRATRES. 



ARVALES FRATRES. 



There was an Egyptian measure of the same name, 
of which there were two sorts, the old and the new 
artaba. (Didymus, c. 19.) The old artaba con- 
tained 4 J Roman modii = 72 sextarii = 9 gallons 
nearly, according to most writers ; but Galen 
(c. 5) makes it exactly 5 modii. It was about 
equal to the Attic metretes ; and it was half of 
the Ptolemaic medimnus, which was to the Attic 
medimnus as 3 : 2. The later and more common 
Egyptian arbata contained 3J modii = 53j sex- 
tarii = 6£ gallons about, which is so nearly the half 
of the Persian, that we may fairly suppose that in 
reality it was the half. It was equal to the 
Olympic cubic foot. (Rhemn. Farm. Carmen de 
Pond, et Mens. v. 89, 90 ; Hieron. Ad Ezech. 5 ; 
Bb'ckh, Metrolog. Untersuch. pp. 242, &c, 285 ; 
Publ.Econ. ofAth. p. 93, 2nd ed. ; Wurm, De 
Pond., &c. p. 133.) [P. S.] 

ARTEMI'SI A (apT^ixio-ta), one of the great fes- 
tivals celebrated in honour of Artemis in various 
parts of Greece, in the spring of the year. We find it 
mentioned at Syracuse in honour of Artemis Po- 
tamia and Soteria. (Pind. Pyth. ii. 12.) It lasted 
three days, which were principally spent in feasting 
and amusements. (Liv. xxv. 23 ; Plut. Marcell. 
18.) Bread was offered to her under the name of 
Aoxia. (Hesych. s. v.) But these festivals occur in 
many other places in Greece, as at Delphi, where, 
according to Hegesander (Athen.vii. p. 325), they 
offered to the goddess a mullet on this occasion ; 
because it appeared to hunt and kill the sea-hare, 
and thus bore some resemblance to Artemis, the 
goddess of hunting. The same name was given to 
the festivals of Artemis in Cyrene and Ephesus, 
though in the latter place the goddess was not the 
Grecian Artemis, but a deity of Eastern origin. 
(Dionys. iv. 25 ; Achill. Tat. vi. 4, vii. 12, viii. 
17 ; Xenoph. Ephes. i. 2.) [L. S.] 

ARU'RA {apovpa), a Greek measure of surface, 
which would appear, from its name, to have been 
originally the chief land-measure. It was, accord- 
ing to Suidas, the fourth part of the wXedpov. 
The wXeBpov, as a measure of length, contained 
100 Greek feet ; its square therefore =10,000 
feet, and therefore the arura =2500 Greek square 
feet, or the square of 50 feet. 

Herodotus (ii. 168) mentions a measure of the 
same name, but apparently of a different size. He 
says that it is a hundred Egyptian cubits in every 
direction. Now the Egyptian cubit contained 
nearly 17J inches (Hussey, Ancient Weights, &c. 
p. 237) ; therefore the square of 100 x 17f inches, 
i.e. nearly 148 feet, gives approximately the num- 
ber of square feet (English) in the arura, viz. 
21,904. (Wurm, De Pond. &c. p. 94.) [P. S.] 

ARUSPEX. [Haruspex.] 

ARVA'LES FRATRES. The fratres arvales 
formed a college or company of twelve in number, 
and were so called, according to Varro {De Ling. 
Lot. v. 85, Miiller), from offering public sacri- 
fices for the fertility of the fields. That they were 
of extreme antiquity is proved by the legend which 
refers their institution to Romulus, of whom it is 
said, that when his nurse Acca Laurentia lost one of 
her twelve sons, he allowed himself to be adopted 
by her in his place, and called himself and the 
remaining eleven " Fratres Arvales." (Gell. vi. 7.) 
We also find a college called the Sodales Titii, and 
as the latter were confessedly of Sabine origin, and 
instituted for the purpose of keeping up the Sabine 
religious rites (Tac. Ann. i. 53), there is some 



reason for the supposition of Niebuhr {Rom. Hist. 
vol. i. p. 303), that these colleges corresponded one 
to the other — the Fratres Arvales being connected 
with the Latin, and the Sodales Titii with the 
Sabine, element of the Roman state, just as there 
were two colleges of the Luperci, namely, the Fabii 
and the Quinctilii, the former of whom seem to 
have belonged to the Sabines. 

The office of the fratres arvales was for life, 
and was not taken away even from an exile or 
captive. They wore, as a badge of office, a chaplet 
of ears of corn {spicea corona) fastened on their 
heads with a white band. (Pirn. H. N. xviii. 2.) 
The number given by inscriptions varies, but it is 
never more than nine ; though, according to the 
legend and general belief, it amounted to twelve. 
One of their annual duties was to celebrate a three 
days' festival in honour of Dea Dia, supposed to be 
Ceres, sometimes held on the xvi., xiv., andxiu., 
sometimes on the VI., IV., and III. Kal. Jun., i. e. 
on the 17th, 19th, and 20th, or the 27th, 29th, 
and 30th of May. Of this the master of the 
college, appointed annually, gave public notice 
{indicebaf) from the temple of Concord on the 
capitol. On the first and last of these days, the 
college met at the house of their president, to make 
offerings to the Dea Dia ; on the second they as- 
sembled in the grove of the same goddess, about 
five miles south of Rome, and there offered sacri- 
fices for the fertility of the earth. An account of 
the different ceremonies of this festival is preserved 
in an inscription, which was written in the first 
year of the Emperor Elagabalus (a. d. 218), who 
was elected a member of the college under the 
name of M. Aurelius Antoninus Pius Felix. The 
same inscription contains a hymn, which appears 
to have been sung at the festival from the most 
ancient times. (Marini, AM e Monumenti degli 
Arvali, tab. xli. ; Orelli, Corp. Inscrip. nr. 2270 ; 
Klausen, De Carmine Fratrum Arvalium.) 

Besides this festival of the Dea Dia, the fratres 
arvales were required on various occasions, under 
the emperors, to make vows and offer up thanks- 
givings, an enumeration of which is given in For- 
cellini. {Lex. s. v.) Strabo, indeed (v. 3), informs 
us that, in the reign of Tiberius, these priests 
{hpo/xi'ruj.oves) performed sacrifices called the Am- 
barvalia at various places on the borders of the 
ager Romanus, or original territory of Rome ; and 
amongst others, at Festi, a place between five and 
six miles from the city, in the direction of Alba. 
There is no boldness in supposing that this was a 
custom handed down from time immemorial, and, 
moreover, that it was a duty of this priesthood to 
invoke a blessing on the whole territory of Rome. 
Tt is proved by inscriptions that this college ex- 
isted till the reign of the Emperor Gordian, or A. D. 
325, and it is probable that it was not abolished 
till A. D. 400, together with the other colleges of 
the Pagan priesthoods. 

The private ambarvalia were certainly of a 
different nature from those mentioned by Strabo, 
and were so called from the victim {hostia ambar- 
valis) that was slain on the occasion being led three 
times round the cornfields, before the sickle was 
put to the corn. This victim was accompanied by 
a crowd of merry-makers {chorus et socii), the 
reapers and farm-servants dancing and singing, as 
they marched along, the praises of Ceres, and 
praying for her favour and presence, while they 
offered her the libations of milk, honey, and wine. 



AS. 



AS. 



139 



(Virg. Ceorg. i. 338.) This ceremony was also called 
a lustratio (Virg. Eel. v. 83), or purification ; and 
for a beautiful description of the holiday, and the 
prayers and vows made on the occasion, the reader 
is referred to Tibullus (iL 1). It is, perhaps, 
worth while to remark that Polybius (iv. 21. § 9) 
uses language almost applicable to the Roman am- 
barvalia in speakingof theilantineans, who, hesays 
(specifying the occasion), made a purification, and 
carried victims round the city, and all the country. 

There is, however, a still greater resemblance to 
the rites we have been describing, in the cere- 
monies of the rogation or gang week of the Latin 
church. These consisted of processions through 
the fields, accompanied with prayers (jrogationes) 
for a blessing on the fruits of the earth, and were 
continued during three days in Whitsun-week. 
The custom was abolished at the Reformation in 
consequence of its abuse, and the perambulation of 
the parish boundaries substituted in its place. 
(Hooker, Eccl. Pol. v. 61. 2 ; Wheatlev, Com. 
Pray. v. 20.) [R. W.] 

ARX (Stpa), signified a height within the walls 
of a city, but which was never closed by a wall 
against the city in earlier times, and very seldom 
in later times. The same city may have had 
several arces, as was the case at Rome ; and hence 
Virgil says with great propriety (Geary, ii. 535) : — 

" Septcmque una sibi muro circumdedit arces." 

As, however, there was generally one principal 
height in the city, the word arjr came to be used as 
equivalent to acrrjpolis [Acropolis]. (Niebuhr, 
Hist of Rome, vol. iiL note 411.) At Rome, one 
of the summit* of the Capitoline hill was specially 
called Arx, but which of them was so called has 
been a subject of great dispute among Roman topo- 
graphers. The opinion of the best modem writers 
is, that the Capilolium was on the northern summit, 
and the Arx on the southern. The Arx was the 
regular place at Rome for taking the auspices, and 
was hence likewise called auijuraculum, according 
to Paulus Diaconus, though it is more probable 
that the Auguraculum was a place in the Arx. 
(Liv. i. 18, x. 7 ; Paul. Diac. s. v. Auguraculum; 
Becker, Romisch. AUerth. vol. L p. 386, &c.,vol. iL 
part i. p. 313.) 

AS, or Lilira, a pound, the unit of weight 
among the Romans. [Libra.] 

AS, the earliest denomination of money, and 
the constant unit of value, in the Roman and old 
Italian coinages, was made of the mixed metal 
called Aes. Like other denominations of money, 
it no doubt originally signified a pound weight of 
copper uncoined : this is expressly stated by Ti- 
maeus, who ascribes the first coinage of aes to 
Servius Tullius. (Plin. //. N. xxxiii. 3. s. 13, 
xviii. 3 ; Varro, De lie Rust. iL 1 ; Ovid. Fast. 
v. 281.) According to some accounts, it was 
coined from the commencement of the city (Plin. 
//. N. xxxiv. 1 ), or from the time of Numa (Epipb. 
Mem. et Pond.; Inidor. Etym. xvi. 18) ; and ac- 
cording to others, the first coinage was attributed 
to Janus or Saturn. (Macroti. Saturn, i. 7.) This 
mythical statement in fact signifies, what we know 
also on historical evidence, that the old states of 
Ktniria, and of Central Italy, possessed a bronze 
«r copper coinage from th«- earliest times. On 
the other hand, those of Southern Italy, and 
the coast, as far as Campania, made use of silver 
money The Roman monetary system was pro- 



bably derived from Etruria. (Niebuhr, Hist, of 
Rome, vol. i. p. 457, 3d ed. ; Abekcn, Mittel- 
Italien, pp. 284, 326.) 

The earliest copper coins were not struck,but cast 
in a mould. [Forma.] In the collection of coins at 
the British Museum there are four ases joined to- 
gether, as they were taken from the mould in which 
many were cast at once. In most ases the edge 
shows where they were severed from each other. 

Under the Roman empire, the right of coining 
silver and gold belonged only to the emperors ; but 
the copper coinage was left to the aerarium, which 
was under the jurisdiction of the senate. [Comp. 
Nl'MMUS ; Moxeta.] 

The as was originally of the weight of a pound 
of twelve ounces, whence it was called as liurulis 
in contradistinction to the reduced ases which have 
now to be spoken of, and which give rise to one 
of the most perplexing questions in the whole 
range of archaeology. 

Pliny {H.N. xxxiii. 3. s. 13) informs us that 
in the time of the first Punic war (b. c. 264 — 24 1 ), 
in order to meet the expenses of the state, the full 
weight of a pound was diminished, and ases were 
struck of the same weight as the sextans (that is, 
two ounces, or one sixth of the ancient weight) ; 
and that thus the republic paid off its debts, gaining 
five parts in six : that afterwards, in the second 
Punic war, in the dictatorship of Q. Fabius Maxi- 
mus (about B.C. 21 7), ases of one ounce were 
made, and the denarius was decreed to be equal 
to sixteen ases, the republic thus gaining one half ; 
but that in military pay the denarius was always 
given for ten ases : and that soon after, by the 
Papirian law (about B.C. 191), ases of half an 
ounce were made. Festus also (s. v. Sextantarii 
Asses) mentions the reduction of the as to two 
ounces at the time of the first Punic war. There 
seem to have been other reductions besides those 
mentioned by Pliny, for there exist ases, and parts 
of ases, which show that this coin was made of 
every number of ounces from twelve down to one, 
besides intermediate fractions ; and there are cop- 
per coins of the Tcrentian family which show that 
it was depressed to ^ and even j'- of its original 
weight. Though some of these standards may be 
rejected as accidental, yet on the whole they clearly 
prove, as Niebuhr observes (Hist, of Rome, vol. i. 
p. 461), that there must have been several re- 
ductions before the first which Pliny mentions. 
Niebuhr maintains further, that these various 
standards prove that Pliny's account of the reduc- 
tions of the coin is entirely incorrect, and that 
these reductions took place gradually from a very 
early period, and were caused by a rise in the 
value of copper in comparison with silver, so that 
the denarius was in the first Punic war really 
equal in value to only twenty ounces of copper, 
and in the second Punic war to sixteen ounces, in- 
stead of 120, which was its nominal value. Ho 
admits, however, that the times when these reduc- 
tions were resolved upon were chiefly those when 
the state was desirous of relieving the debtors • 
and thinks that we might assign, with tolerable 
accuracy, the periods when these reductions took 
place. On the other hand, Bbckh argues that 
there is no proof of any such increase in the value 
of copper, and on this and many other grounds his 
conclusion is, that all the reductions of the weight 
of the as, from a pound down to two ounces, took 
place during the first Punic war, and that they 



140 



AS. 



were accompanied by a real and corresponding dimi- 
nution in the value of the as. (Metrologische Un- 
tersuchungen, § 28.) It is impossible to give here 
even a summary of the arguments on both sides : 
the remarks of Niebuhr and Bbckh must them- 
selves be studied. It is by no means improbable 
that there was some increase in the value of copper 
during the period before the first Punic war, and 
also that the fixing of the sextantal standard arose 
partly out of the relation of value between copper 
and the silver coinage which had been very lately 
introduced. On the other hand, it is impossible 
entirely to reject Pliny's statement that the im- 
mediate object of the reductions he mentions was 
the public gain. Mr. Grote, who sides with Bockh, 
remarks, that " such a proceeding has been so 
nearly universal with governments, both ancient 
and modern, that the contrary may be looked upon 
as a remarkable exception." (Classical Museum, 
vol. i. p. 32.) 

These variations make it impossible to fix any 
value for the as, except with reference to some 
more specific standard ; and this we find in the 
denarius. Taking the value of this coin at about 
8| pence [Denarius], the as, at the time of the 
first coinage of the denarius (b. c. 269), was one- 
tenth of this value, that is, about -85 of a penny or 
3'4 farthings ; and in the time of the second Punic 
war, when 16 ases went to the denarius, the as was 
worth about 2| farthings. When the silver coinage 
got thoroughly established, the reckoning was no 
longer by ases, but by sestertii. [Sestertius.] 
Also, during the period or periods of reduction, 
the term aes grave, which originally signified the 
old heavy coins, as opposed to the reduced ases, 
came to mean any quantity of copper coins, of 
whatever weight or coinage, reckoned not by tale, 
but by the old standard of a pound weight to the 
as ; and this standard was actually maintained in 
certain payments, such as military pay, fines, &c. 
(Liv. iv. 41, 60, v. 2, xxxii. 26 ; Plin. I. c. ; Sen. 
ad Helv. 12 ; Niebuhr, Hist, of Rome, vol. i. pp. 
466, 467). This mode of reckoning also supplied 
a common measure for the money of Rome, and 
the other states of Italy, which had ases of very 
various weights, most of them heavier than the 
Roman. The name of aes grave was also applied 
to the uncoined metal. (Servius, ad Virg. Aen. 
vi. 862 ; Massa, aes rude, metaUum infectum, 
Isidor. xvi. 18. 13.) 

The oldest form of the as is that which bears 
the figure of an animal (a bull, ram, boar, or sow) ; 
whence the ancient writers derived the word for 
money, pecunia, from pecus, an etymology on which 
no opinion need be pronounced ; but whether this 
impress was intended to represent property by that 
form of it which was then most common, or had 
some mythological meaning, is doubtful. Niebuhr 
denies the antiquity of this type, but his sole ob- 
jection is satisfactorily answered by Bb'ckh.^ The 
type seems however to have been much less used 
in the Roman than in some other old Italian coin- 
ages ; and most of the pieces which bear it are of 
a rude oblong shape. The next form, and the 
common one in the oldest Roman ases, is round, 
and is that described by Pliny {H. N. xxxiii. 3. 
s. 13), as having the two-faced head of Janus on 
one side, and the prow of a ship on the other 
(whence the expression used by Roman boys in 
tossing up, capita aut navim, Macrob. Sat. i. 7). 
The annexed specimen, from the British Museum, 



AS. 

weighs 4000 grains : the length of the diameter in 
this and the two following cuts is half that of the 
original coins. 




The as was divided into parts, which were 
named according to the number of ounces they 
contained. They were the deunx, dextans, dodrans, 
bes, septunx, semis, quincunx, triens, quadrans or 
teruneius, sextans, sescunx or sescuncia, and uveia, 
consisting respectively of 11, 10, 9, 8, 7, 6, 5, 4, 
3, 2, H, and 1 ounces. Of these divisions the 
following were represented by coins ; namely, the 
semis, quincunx, triens, quadrans, sextans, and uncia. 
There is a solitary instance of the existence of the 
dodrans, in a coin of the Cassian family, bearing 
an S and three balls. We have no precise inform- 
ation as to the time when these divisions were 
first introduced, but it was probably nearly as 
early as the first coinage of copper money. 

The semis, semissis, or semi-as, half the as, or six 
ounces, is always marked with an S to represent 
its value, and very commonly with heads of Jupi- 
ter, Juno, and Pallas, accompanied by strigils. 
The quincunx, or piece of five ounces, is very rare. 
There is no specimen of it in the British Museum. 
It is distinguished by five small balls to represent 
its value. The triens, the third part of the as, or 
piece of four ounces, is marked with four balls. 
In the annexed specimen, from the British Mu- 
seum, the balls appear on both sides, with a 




thunderbolt on one side, and a dolphin with a strigil 
above it on the other. Its weight is 1571 grains. 



AS. 



ASCOLIASMUS. 141 



The quadrans or teruncius, the fourth part of 
the as, or piece of three ounces, has three balls to 
denote its value. An open hand, a strigil, a dol- 
phin, grains of corn, a star, heads of Hercules, 
Ceres, &c, are common devices on this coin. Pliny 
(H. N. xxxiii. 3. s. 13) says that both the triens 
and quadrans bore the image of a ship. The 
sextans, the sixth part of the as, or piece of two 
ounces, bears two balls. In the annexed specimen, 
from the British Museum, there is a caduceus and 
strigil on one side, and a cockle-shell on the other. 
Its weight is 779 grains. 




The uncia, one ounce piece, or twelfth of the as, 
is marked by a single ball. There appear on this 
coin heads of Pallas, of Roma, and of Diana, ships, 
frogs, and ears of barley. (For other devices, see 
Eckhel, Doctr. Num. Vet.) 

After the reduction in the weight of the as, 
coins were struck of the value of 2, 3, 4, and even 
10 ases, which were called respectively dussis or 
du/joudius, tressis, t/uadrussis, and decussis. Other 
multiples of the as were denoted by words of similar 
formation, up to centussis, 100 ases ; but most of 
them do not exist as coins. 

It is a very remarkable fact that, while the 
duodecimal division of the as prevailed among the 
nations of Italy south of the Apennines, the deci- 
mal division was in use to the north of that chain ; 
so that, of the former nations no quincunx has been 
discovered, of the latter no semis. In Sicily the 
two systems were mixed. [Pondera.] For further 
details respecting the coinage of the other Italian 
states, see IJbckh, Mctrol. Unlersuch. % "27 ; Abeken, 
Mittel-Itulien, and Lepsius, Leber die Verbreituny 
des Italiaclu.it Munzsystems von JCtrurim aus. 

In certain forms of expression, in which aes is 
used for money without specifying the denomina- 
tion, we must understand the as. Thus deniaeris, 
mill>- aeris, decies aeris, mean respectively 1 0, 1 000, 
1,000,000 cues. 

The word as wag used also for any whole which 
was to be divided into twelve equal jarts ; and 
those parts were called uncia':. Thus the nomen- 
clature of the duodecimal division of the as wasap- 
licd not only to weight and money, but to measures 
of length, surface, and capacity, to inheritances, 
interest, houses, farms, and many other things. 
Hence, for example, the phrases nacres cjc asse, the 
heir to a whole estate ; naeres ex dwlrantc, the heir 
to three-fourths, &c. (Cic. Fro Caccin, 6 ; Com. 
Ncp. Attic. 6.) Pliny even uses the phrases semis- 
siuii African (It. N. xviii. (t. 8. 7), and diAranlcs et 
scmiuncias horarum (II. X. ii. I I. »■ 1 I). 

The as was also called, in ancient times, assarius 
(sc. nummus), and in Greek to kaaipiov. Accord- 
ing to Polybius (ii. 15) the assarius was equal to 
half the obolua. On the coins of Chios we find 
aaadpioy, iuraapiov ij^iiro, luradpia ova, aniripia 
rpio. (In addition to the works referred to in this 
article, and those of Hussey and Worm, much 
valuable information will be found in the work 
entitled, Acs Grace del Musco Kirckeriano, dec. 



Roma, 1839, 4to. ; and in Lepsius's review of it 
appended to his treatise Ueber die Tyrrhener-Pelas- 
ger.) [P.S.] 
ASCAULES. [Tibia.] 

ASCIA ((TKtirapvov, Horn. Od. v. 235), an adze. 
Muratori (Ins. Vet. Tlies. i. 534 — 536) has pub- 
lished numerous representations of the adze, as it 
is exhibited on ancient monuments. We select the 
three following, two of which show the instrument 
itself, with a slight variety of form, while the third 
represents a ship-builder holding it in his right 
hand, and using it to shape the rib of a vessel. 




We also give another instrument in the above cut 
taken from a coin of the Valerian family, and 
ailed acisculus. It was chiefly used by masons, 
whence, in the ancient glossaries, Aciscularius is 
translated \ar6fins, a stone-cutter. 

As to the reason why Ascia is represented on 
sepulchral monuments, see Forcellini, Lexicon, 
s.v. [JY.] 

ASCLEPIEIA (ao-K\rfwieia), the name of festi- 
vals which were probably celebrated in all places 
where temples of Asclepius (Aesculapius) existed. 
The most celebrated, however, was that of Epi- 
daunis, which took place every five years, and 
was solemnized with contests of rhapsodists and 
musicians, and with solemn processions and games. 
(Schol. ad 1'ind. Nem. iii. 145 ; Paus. ii. 2G. g. 7.) 
'Ao-(fArpri«io are also mentioned at Lampsacus 
(Bockh, Corp. Inscr. vol. ii. p. 1131), and at 
Athens (Acschin, c. Ctesiph. p. 455), which were, 
probably, like those of Epidaurus, solemnized with 
musical contests. They took place on the eighth 
day of the month of Klaphebolion. [L. S.] 

ASCOLIASMUS (aoKuhtaauAs, the leaping 
upon the leathern bag, ianSs) was one of the 
many kinds of amusements in which the Athenians 
indulged during the Anthcsteria and other festivals 
in honour of Dionysus. The Athenians sacrificed 




142 ASEBEIAS GRAPHE. 



ASILLA. 



a he-goat to the god, made a bag out of the skin, 
smeared it with oil, and then tried to dance upon 
it. The various accidents accompanying this at- 
tempt afforded great amusement to the spectators. 
He who succeeded was victor, and received the 
skin as a reward. (Schol. ad Aristoph. Plut. 1130 ; 
Plat. Symp. p. 190 ; Virg. Georg. ii. 384 ; Pollux, 
ix. 121 ; Hesych. s. s. 'AaKwMa^ovTes ; Krause, 
Gymnastik and Agonistik d. Hellenen, p. 399, who 
gives a representation of it from an ancient gem, 
which is copied in the above cut.) 

ASEBEIAS GRAPHE (aaegeias ypcup-i)), was 
one of the many forms prescribed by the Attic 
laws for the impeachment of impiety. From the 
various tenor of the accusations still extant, it may 
be gathered that this crime was as ill-defined at 
Athens, and therefore as liable to be made the 
pretext for persecution, as it has been in all other 
countries in which the civil power has attempted 
to reach offences so much beyond the natural limits 
of its jurisdiction. The occasions, however, upon 
which the Athenian accuser professed to come for- 
ward may be classed as, first, breaches of the cere- 
monial law of public worship ; and, secondly, 
indications of that, which in analogous cases of 
modern times would be called heterodoxy, or 
heresy. The former comprehended encroachment 
upon consecrated grounds, the plunder, or other 
injury of temples, the violation of asylums, the in- 
terruption of sacrifices and festivals, the mutilation 
of statues of the gods, the introduction of deities 
not acknowledged by the state, and various other 
transgressions peculiarly defined by the laws of the 
Attic sacra, such as a private celebration of the 
Eleusinian mysteries and their divulgation to the 
uninitiated, injury to the sacred olive trees, or 
placing a suppliant bough (i/ceTij/na) on a particular 
altar at an improper time. (Andoc. DeMyst. p. 1 10.) 
The heretical delinquencies may be exemplified 
by the expulsion of Protagoras (Diog. Laert. ix. 
51, 52) for writing " that he could not learn 
whether the gods existed or not," in the persecu- 
tion of Anaxagoras (Diog. Laert. ii. 12), like that 
of Galileo in after times, for impugning the received 
opinions about the sun, and the condemnation of 
Socrates for not holding the objects of the public 
worship to be gods. (Xen. Apol. Soc.) The va- 
riety of these examples will have shown that it 
is impossible to enumerate all the cases to which 
this sweeping accusation might be extended ; and, 
as it is not upon record that religious Athens 
(Xen. Rep. Ath. iii. 8) was scandalised at the pro- 
fane jests of Aristophanes, or that it forced Epicu- 
rus to deny that the gods were indifferent to hu- 
man actions, it is difficult to ascertain the limit at 
which jests and scepticism ended, and penal im- 
piety began. 

With respect to the trial, any citizen that pleased 
6 f}ov\6fi£vos — which, however, in this as in all 
other public actions, must be understood of those 
only who did not labour under an incapacitating 
disfranchisement (aTi/xia) — seems to have been a 
competent accuser ; but as the nine archons, and 
the areiopagites, were the proper guardians of the 
sacred olives (fiopiai, (TtikoC, Lysias, Hepl rou 
StjicoO, p. 282), it is not impossible that they had 
also a power of official prosecution upon casually 
discovering any injury done to their charge. 

The cases of Socrates, Aspasia, and Protagoras, 
may be adduced to show that citizens, resident 
aliens, and strangers, were equally liable to this 



accusation. And if a minor, as represented in the 
declamation of Antiphon, could be prosecuted for 
murder (<pdVou), a crime considered by the early 
Greeks more in reference to its ceremonial pol- 
lution than in respect of the injury inflicted upon 
society, it can hardly be concluded that per- 
sons under age were incapable of committing, or 
suffering, for this offence. (Antiph. Tetral. ii. 
p. 674.) 

The magistrate, who conducted the previous ex- 
amination (avaKpuris) was, according to Meier 
(Att. Proc. pp. 300, 304,n. 34) invariably the king 
archon, but whether the court into which he brought 
the causes were the areiopagus, or the common 
heliastic court, of both of which there are several 
instances, is supposed (Meier, Att. Proc. p. 305) 
to have been determined by the form of action 
adopted by the prosecutor, or the degree of com- 
petency to which the areiopagus rose or fell at the 
different periods of Athenian history. From the 
Apology of Socrates we learn that the forms of the 
trial upon this occasion were those usual in all 
public actions, and that, generally, the amount of 
the penalty formed a separate question for the di- 
casts after the conviction of the defendant. For 
some kinds of impiety, however, the punishment 
was fixed by special laws, as in the case of persons 
injuring the sacred olive trees, and in that men- 
tioned by Andocides {De Myst. -p. 110). 

If the accuser failed to obtain a fifth of the votes 
of the dicasts, he forfeited a thousand drachmae, 
and incurred a modified aripia. The other forms 
of prosecution for this offence were the airayoiyf) 
(Dem. c. Androt. p. 601. 26), i<piiyricis (Meier, Att. 
Proc. p. 246), evSei^is (Andoc. De Myst. p. 8), 
irpo§oA.7/ (Libanius, Argum. ad Dem. in Mid. 509, 
10), and in extraordinary cases tia'ayythia (Andoc. 
De Myst. p. 43) ; besides these, Demosthenes men- 
tions (c. Androt. p. 601) two other courses that an 
accuser might adopt, Sticd£eo-8a,L irpby Ev/xoXiriSas, 
and (ppd^iv irpbs rhv PatriAea, of which it is diffi- 
cult to give a satisfactory explanation. [J. S. M.] 

ASIARCHAE {ixriapxiu), were, in the Roman 
province of Asia, the chief presidents of the re- 
ligious rites, whose office it was to exhibit games 
and theatrical amusements every year, in honour of 
the gods and the Roman emperor, at their own 
expense, like the Roman aediles. As the exhi- 
bition of these games were attended with great 
expense, wealthy persons were always chosen to 
fill this office ; for which reason, Strabo says, 
some of the inhabitants of Tralles, which was one 
of the most wealthy cities in Asia, were always 
chosen asiarchs. They were ten in number, se- 
lected annually by the different towns of Asia, 
and approved of by the Roman proconsul ; of 
these, one was the chief asiarch, and frequently, 
but not always, resided at Ephesus. Their office 
lasted only for a year ; but they appear to have 
enjoyed the title as a mark of courtesy for the rest 
of their lives. In the other Roman provinces in 
Asia, we find similar magistrates corresponding to 
the Asiarchae in proconsular Asia, as for instance 
the Bithyniarchae, Galatarchae, Lyciarchae, &c. 
(Strab. xiv. p. 649 ; Acts, xix. 31., with the 
notes of Wetstein and Kuinoel ; Euseb. H. E. iv. 
1 5 ; Winer, Bibliscltes Realworterbuch, art. Asiar- 
chen.) 

ASILLA (&ai\\a), a wooden pole, or yoke, 
held by a man either on his two shoulders, or 
more commonly on one shoulder only, and used for 



ASSESSOR. 



ASTRAGALUS. 



143 



carrying 'burthens. (Aristot. Rhct. i. 7.) It is 
called avaxpopov by Aristophanes (Ban. 8). It de- 
serves mention here chiefly from its frequent oc- 
currence in works of Grecian art, of which some 
specimens are given- in the annexed cut. 




ASSA'RIUS NUMMUS. [As.] 
ASSERTOR, or ADSERTOR, contains the 
same root as the verb adserere, which, when coupled 
with the word manu, signifies to lay hold of a thing, 
to draw it towards one. Hence the phrase adsererc 
in libertatem, or liljerali adserere manu, applies to 
him who lays his hand on a person reputed to be 
a slave, and asserts, or maintains his freedom. The 
person who thus maintained the freedom of a re- 
puted slave was called adsertor (Gains, iv. 14), and 
by the laws of the Twelve Tables it was enacted 
in favour of liberty, that such adscrtor should not 
he called on to give security in the sacramcnti actio 
to more than the amount of l. asses. The person 
whose freedom was thus claimed, was said to be 
adsertut. The expressions liljeralis causa, and 
liberalis mania, which occur in classical authors, 
in connection with the verb adsererc, will easily 
be understood from what has been said. (Tcrcnt. 
Adelph. ii. 1. 40 ; Plaut. Poen. iv. 2. 83 ; see 
also Dig. 40. tit. 12. l)e liljerali Causa.) Some- 
times the word miserere alone waB used as equiva- 
lent to adserere in lilrrtatem. (Cic. Pro plaeco, 
c. 17.) 

The expression assererc in srn-itutcm, to claim a 
person as a slave, occurs in Livy (iii. 44, xxxiv. 
18.) [O. L.] 

ASSESSOR, or ADSESSOR, literally, one who 
sits by the side of another. The duties of an 
assessor, as described by Panlni (Dig. 1. tit. 21. 

a. 1.) related to " cognitionrs, postulate s, libelli, 

edicta, decrrta, epistolac;" from which it appears 
that they were employed in and about the adminis- 
tration of law. The consuls, praetors, governors of 
provinces, and the judiccs, were often imperfectly 
acquainted with the law and the forms of proce- 
dure, and it was necessary that they should have 
the aid of those who had made the law their study. 
(Cic. dc Ornlurr, i. 37, I" I'crrrm, ii. 'JO). The 
praefectus practorio, and pracfectus urbi, and other 



civil and military functionaries, had their assessors. 
An instance is mentioned by Tacitus (Ann. i. 75) 
of the Emperor Tiberius assisting at the judicia 
(Judiciis adsidebut), and taking his seat at the 
corner of the tribunal ; but this passage cannot 
be interpreted to mean, as some persons interpret 
it, that the emporor sat there in the character 
of an assessor properly so called : the remark of 
Tacitus shows that, though the emperor might have 
taken his seat under the name of assessor and 
affected to be such, he could be considered in no 
other light than as the head of the state. (Compare 
Sueton. Tib. AVro, 33, Tib. Claudius, 12). 

Under the empire the practice of having as- 
sessors continued (Plin. Ep. i. 20, vi 11, x. 19; 
Gellius, L 22). Suetonius (Gulba, 14) mentions the 
case of an assessor being named to the office of 
pracfectus practorio. The Emperor Alexander 
Sevenis gave the assessores a regular salary. 
(Lamprid. Alex. Sev. 46.) Freedmen might be 
assessores. In the later writers the assessores are 
mentioned under the various names of consiliarii, 
juris studiosi, comites, &c. The juris studiosi, men- 
tioned by Gellius (xii. 13), as assistant to the 
judices (quos adhibere in consilium judicaturi so- 
1 lent), were the assessores. Sabinus, as it appears 
from Ulpian (Dig. 47. tit. 10. s. 5), wrote a book 
on the duties of assessors. The assessors sat on the 
! tribunal with the magistrate. Their advice, or aid, 
was given during the proceedings as well as at 
other times, but they never pronounced a judicial 
sentence. As the old forms of procedure gradually 
declined, the assessores, according to the conjec- 
ture of Savigny (Gescliichte des Horn. licclits im 
Mittelalter,\o\.\. p. 79), took the place of the judices. 
For other matters relating to the assessores, seeHoll- 
wcg, Handljucli des Civilprozesses, p. 152. [G. L.] 
ASSPDUI. [Locupletes] 
ASTRA'GALUS (acrrpa-yoAos), literally sig- 
nifies that particular bone in the ankles of certain 
quadrupeds, which the Greeks, as well as the Ro- 
mans, used for dice and other purposes, a^fcscribed 
under the corresponding Latin word Talus. 

As a Latin word, astragalus is used by Vitruvius, 
who of course borrowed it from the Greek writers 
on architecture, for a certain moulding (the astragal) 
which seems to have derived its name from its re- 
semblance to a string or chain of tali ; and it is in 
fact always used in positions where it seems in- 
tended to bind together the parts to which it is 
applied. It belongs properly to the more highly 
decorated forms of the Ionic order, in which it 
appears as a lower edging to the larger mouldings, 
especially the cc/iinus (ovolo), particularly in the 
capital, as shown in the following woodcut, which 
represents an Ionic capital found in the ruins of the 
temple of Dionysus at Tcos. Still finer examples 
occur in the capitals of the temples of Erechtheus 
and Athene Polias, at Athens, where it is seen, too, 
on the sides of the volutes. It is also often used 
in the entablature as an edging to the divisions of 
the cornice, frieze, and architrave. The lower 
figure in the woodcut represents a portion of the 
astragal which runs beneath the crowning moulding 
of the architrave of the temple of Erechtheus. It 
is taken from a fragment in the British Museum, 
and is drawn of the same size as the original. 

Tin- ti-rm is also applied to a plain convex 
moulding of the same sectional outline as the 
former, but without the division into links, just 
like a torus on a small scale : in this form it is used 



144 ASTROLOGIA. 
in the Ionic base [Spira]. In the orders subse- 
quent to the Ionic, — the Corinthian, Roman 
Doric, and Composite, — the astragal was very 




freely used. The rules for the use of the moulding 
are given by Vitruvius (iii. S. § 3, iv. 6. §§ 2, 3. 
Schneid.). Numerous fine examples of it will be 
found in the plates of Mauch {Die GriecMsclien und 
Romischen Bau-Ordnum/en, Potsdam, 1845.) [P.S.] 

ASTRATEIAS GRAPH E' (lurrparelas 
yparpii), was the accusation instituted against per- 
sons who failed to appear among the troops after they 
had been enrolled for the campaign by the generals. 
(Lys. in Ale. pp. 521, 57 1.) We may presume that 
the accuser in this, as in the similar action for leaving 
the ranks (AeiiroTaiJiou), was any citizen that chose 
to come forward (<5 fiovKdpavos, oTs e|e<rTi), and that 
the court was composed of soldiers who had served 
in the campaign. The presidency of the court, ac- 
cording to Meier, belonged to the generals. The 
defendant, if convicted, incurred disfranchisement 
— aTi/iia, both in his own person and that of his 
descendants, and there were very stringent laws to 
punish them if they appeared at the public sacra, 
to which even women and slaves were admitted. 
(Andoc. de Myst. p. 35 ; Aesch. in Ctes. p. 59 ; 
Dem. in Timocr. p. 732 ; Meier, Att. Process, 
p. 363, &c.) [J. S. M.] 

ASTROLO'GIA. This word is occasionally 
employed by the best Latin writers (e. g. Cic. de 
Divin. ii. 42.) to denote astronomy in general, and 
indeed is found in that sense more frequently than 
astronomia, which is of rare occurrence. In the 
present article, however, we confine ourselves to 
what is strictly termed judicial astrology, and 
treat of astronomy under Astronomia. 

At a period far beyond the records of authentic 
history a belief arose, which still prevails un- 
shaken in the East, that a mysterious but close 
connection subsisted between the relative position 
and movements of the heavenly bodies and the 
fate of man. In process of time it was maintained 
that the fortunes of each individual throughout 
life depended upon the aspect of the sky at the 
moment of his birch, and especially upon the star 
which was rising above the horizon at the instant 
when he saw the light, and upon those which 
were in its immediate vicinity (conjunctae), or re- 
moved from it by a sixth, a fourth, or a third part 
of a great circle of the sphere, or, finally, upon 
those which were at the opposite extremity of the 
same diameter (oppositae). Few doubted that by 
observation and deep study persons might acquire 
the power of expounding these appearances, that 



ASTROLOGIA. 

the destiny of the child might be predicted with 
certainty by those who were skilled to interpret 
the language of the stars, and that the result of 
any undertaking might be foretold from the aspect 
of the firmament when it was commenced. Hence 
a numerous and powerful class of men arose who 
were distinguished by various designations. From 
the country where astronomy was first studied, and 
their science was first developed, they were called 
Chaldaei or Bal>ylonii ; from observing the stars, 
astronomi, astrologi, planetarii ; from employing 
diagrams such as were used by geometricians, ma- 
thematici ; from determining the lot of man at his 
natal hour, genethliaci ; from prophesying the con- 
summation of his struggles, cwroTeAetr/iaTi/coi ; 
while their art was known as 0(Tt poKoyla, /xe- 
rewpo\oyla, yevedAiahoyla, airoTeA.6cr l uoTiK^, Ars 
C/taldaeorum, Mathesis, or, from the tables they 
consulted, itiva.KiK.ii. Their calculations were 
termed Babylonii numeri, XaAoalwu fiedoSoi, XaA- 
Sa'iaiv ^(piSes, Rationes Chaldaicae ; their re- 
sponses when consulted Chaldaeorum monita, 
Chaldaeorum natalicia praedicta, Astrologorum 
praedicta. 

The stars and constellations to which attention 
was chiefly directed were the planets and the 
signs of the zodiac, some of which were supposed 
to exert uniformly a benign influence (ayaBoiroiol 
aorepes), such as Venus, Jupiter, Luna, Virgo, 
Libra, Taurus ; others to be uniformly malign 
(KaKoirowl acrrepes), such as Saturnus, Mars, 
Scorpio, Capricornus ; others to be doubtful (eirf- 
koiuoi atnepes), such as Mercurius. By the com- 
bination and conjunction (ffvvSpofii], constellatio) 
or opposition, however, of those benign with those 
malign, the power of the latter might be neu- 
tralised or even reversed, and a most happy 
horoscope be produced, as in the case of Augustus 
who was born under Capricornus (Suet. Aug. 94), 
and hence that figure frequently appears on his 
medals. For the sake of expediting calculations, 
the risings, settings, movements, and relative posi- 
tions (ortus, occasus, motus, viae, discessiones, 
coetus, conventus, concursiones, circuitus, transitus, 
habitus, forma, positura, positus siderurn et spatia) 
were carefully registered in tables (iriVa/ces, 
£<priiJ.epioes}. In so far as the planets were con- 
cerned, it was of especial importance to note 
through what sign of the zodiac they happened to 
be passing, since each planet had a peculiar sign, 
called the domus or house of the planet, during 
its sojourn in which it possessed superior power. 
Thus Libra, Capricornus, and Scorpio were re- 
spectively the houses of Venus, Saturn, and Mars. 

The exact period of birth Qiora genitalis) being 
the critical moment, the computations founded 
upon it were styled yeveffis (genitura), upoo"K6iros 
(horoscopus), or simply fre/ta, and the star or 
stars in the ascendant sidus natalitium, sidera na- 
talitia. 

Astrologers seem to have found their way to 
Italy even before a free communication was opened 
up with the East by the Roman conquests in 
Greece and Asia, since they are mentioned con- 
temptuously by Ennius. (ap. Cic. De Div. i. 58.) 
About a century later the government seem to have 
become sensible of the inconvenience and danger 
likely to arise from the presence of such impostors, 
for in B.C. 139 an edict was promulgated by C. 
Cornelius Hispallus, at that time praetor, by which 
the Chaldaeans were banished from the city, and 



ASTROXOMIA. 



ASTRONOMltt. 



145 



ordered to quit Italy within ten days (Val. Max. i. 
3. § 2), and they were again banished from the city 
in B. c. 33, by M. Agrippa, who was then aedile. 
(Dion Cass. xlix. 1.) Another severe ordinance was 
levelled by Augustus against this class (Dion Cass. 
Ixv. 1, lxvi. 25), but the frequent occurrence of 
such phrases as " expulit ct mathematicos " (Suet. 
Tib. 36), " pulsis Italia mathematicis " (Tac. Hist. 
ii. 62), in the historians of the empire prove how 
firm a hold these pretenders must have obtained 
over the public mind, and how profitable the oc- 
cupation must have been which could induce them 
to brave disgrace, and sometimes a cruel death 
(Tac. Ann. ii. 32). Notwithstanding the number 
and stringent character of the penal enactments by 
which they were denounced, they appear to have 
kept their ground, and although from time to 
time crushed or terrified into silence, to have re- 
vived with fresh vigour in seasons of confusion 
and anarchy, when all classes of the community 
hanging in suspense between hope and fear, were 
predisposed to yield to every superstitious im- 
pulse. It must be remembered also, that the most 
austere princes did not disdain, when agitated by 
doubts or excited by ambitious longings, to ac- 
quire the principles of the art and to consult its 
professors, as we may perceive, not to multiply 
examples, from the well-known story of Tiberius 
and Thrasyllus (Tac. Ann. vL 20, 21). Hence 
Tacitus, after recounting the high promises by 
which the " mathematici " stimulated Otho to 
assume the purple, adds in a tone of sorrowful 
resignation, " genus hominum potentibus infidum, 
spcrantibus fallax, quod in civitatc nostra ct veta- 
bitur semper ct rctinebitur.' 1 (See Cic Div. ii. 
42, &c. ; Gell. xiv. 1 ; Hor. Carm. ii. 17. 17 ; Pers. 
v. 46 ; Jnv. iii. 43, vii. 194, xiv. 248, vi. 553 
—581 ; Tac. Ann. ii. 27, 32, iii. 22, iv. 58, vi. 
20, xii. 22, 52, 68, xvi. 14, Hut. i. 22, ii. 62; 
Suet. Tib. 14, 36, Vitell. 14, Aero, 40 ; Gell. L 9 ; 
Dion Cass. xlix. 43, hi 25, lvii. 15, lxv. 1 ; 
Zonar. ii. p. 142; Lips. Excurs. vii. ad Tac. Ann. 
ii. ; Jani, Excurs. ad //or. ('arm. ii. 17. 17 ; Ru- 
pcrti, Not. ad Tac. Ann. ii. 27. For the penal 
enactments, see Rein, Das Criminalrechi der 
Homer, p. 901, &c. Leipzig, 1844. Those who 
would acquire a knowledge of the technical de- 
tails of astrology, as practised by the ancients, 
must peruse the works of Manilius, Julius Fir- 
micus, and Ptolemy.) [W. EL J 

ASTUONO'MIA, astronomy. It is not pro- 
posed in the present article to give a technical his- 
tory of the rise and progress of astronomy among 
the ancients, but to confine ourselves to what may 
be regarded as the popular portion of the science, 
the observations, namely, upon the relative position 
and apparent movements of the celestial bodies, 
especially the fixed stars, which from the earliest 
epoch engaged the attention of those classes of men 
who as shepherds or mariners were wont to pass 
their nights in the open air. Wc shall consider: — 

1. The different nanus by which the constella- 
tions were distinguished among the Greeks and 
Romans, and the legends attached to each ; but 
we shall not attempt to investigate at length the 
origin of these names nor the time s and places 
when and where they were first bestowed. The 
materials for this first section have been carefully 
Collected by Ideler in his essay entitled Untcr- 
suchuniji-n ulrr dm l'r*]>rung mid dir. Ilrdvntintg >/<r 
Uternamai (Berlin, 1809), a work which we now 



mention specially once for all to avoid the necessity 
of constant references ; in the Historisclie L'nter- 
suchungen uber die aslronomischen Beobaclitungen der 
Alten, by the same author (Berlin, 1806) ; in a 
paper by Buttmann Uber die Entstehung der Stern- 
bilder auf der griechischen Sf'dre, contained in the 
Transactions of the Berlin Academy for 1826 ; and 
in the Geschichte der Astronomic of Schaubach. 

2. The risings and settings of the fixed stars 
considered with reference to the position of the sun 
in the ecliptic, — a series of phenomena which re- 
curring regularly every tropical year, served in 
the most remote ages as the sole guides for the 
operations of the husbandman, and which, being 
in later times frequently appealed to by the poets, 
are sometimes designated the " Poetical Risings 
and Settings of the Stars." Here we chiefly de- 
pend upon the compilations and dissertations, 
ancient and modern, brought together in the 
Urondogion of Petavius ; upon the disquisition by 
J. F. Pfaff entitled Commentatio de Ortibus ct Oc- 
casibus Siderum apud auctorcs classicos commemora- 
fos (Gotting. 1786) ; upon a paper by Ideler, Ueber 
den astronomisclu-n Tlieil der Fasti des Ovid, in the 
Transactions of the Berlin Academy for 1822 — 
1823, and on the Handbuch der Chronologic by the 
same author. 

3. The division of the year into two, three, or 
more seasons, according to the risings and settings 
of particular stars or clusters of stars. The Hand- 
buch der Chronologic contains a full examination of 
all the most important passages from the Greek and 
Roman authors which bear upon these points. 

The determination of the length of the year and 
the distribution of time into months, days, hours, 
and other periods, which in some degree belong to 
the Bame subject, are treated of separately under 
the heads of Calendarium and Dies, and con- 
fining our attention for the present to the fixed 
star3 {rrronis, stellac erraticae, see Gell. xiv. 1), 
we shall make a few remarks on the bodies of the 
solar system under Planetae. 

I. The History and Names op the Con- 
stellations. 

To begin with the two earliest among profane 
writers, Homer and Hcsiod, the former notices the 
/Sear or Waggon ; Bootes ; Orion ; the Jjry of 
Orion ; the /'Iciudes, and the /lyadcs : the latter, 
Orion ; Sirius ; the Pleiades ; the Hyadvs ; and 
Arrtnrus. We are not entitled to conclude from 
this that they were not acquainted with the names 
or forms of any other constellations, but it seems 
certain that neither the Little Bear nor the /iragon 
were known to Homer, for although these remain 
always above the horizon in the latitude of Greece 
and Asia Minor, he speaks of the (Great) Bear as 
the only constellation which never plunges into 
Ocean's baths ; and we arc elsewhere, as will Ik; 
seen below, distinctly told that the Little Bear wag 
introduced into Greece from the Fast by Thalcs. 

Pliny (//. ;V. ii. 6) attributes the invention of the 
signs of the zodiac to Clcostratus of Tenedos (II. n. c. 
500), and asserts that A ries and Sagittarius were 
marked out before the rest. The first distinct in- 
formation, however, with regard to the Grecian 
heavens was contained in the 'Evoirrpof and the 
Qaiv&ntva of Kudoxus of Cnidus, who died II. c. 352. 
Both of these works are, it is true, lost with the ex- 
ec ■ption of a few fragments, but their contents aro 
known to us from tie 1 poem of Aralus (fl. n. c. 260), 
L 



146 ASTRONOMIA. 



ASTRONOMIA. 



■which, as we are assured in the commentary which 
hears the name of Hipparchus, does little more than 
represent in verse, with very few variations, the 
matter contained in the two treatises named above, 
especially in the latter. The great popularity en- 
ioyed by the production of Aratus {Cum sole et 
luna semper Aratus erit) must have depended upon 
the attractions presented by his theme, and cer- 
tainly not upon the spirit or grace with which that 
theme was handled. We know the names of 
thirty-five Greeks who composed commentaries 
upon it, and we are acquainted with no less than 
three translations into Latin verse — one by Cicero, 
of which fragments only remain ; another by Caesar 
Germanicus, of which a considerable portion has 
been preserved ; and a third by Rufus Festus 
Avienus, which is entire. Virgil borrowed largely 
from this source in those portions of his Georgics 
which contain references to the heavenly bodies, 
and particularly in that section which is devoted 
to prognostics of the weather. There are also 
valuable Greek scholia ascribed to the younger 
Theon, but manifestly compounded of materials 
derived from many different quarters. The work 
itself is divided into three parts : 

1. A description of the constellations, extending 
to line 454. 

2. A short account of the Planets, of the Milky 
Way, of the Tropical Circles, and of the Equator, 
followed from v. 559 by a full detail of the stars 
which rise and set as each sign of the zodiac ap- 
pears in succession {avvavaroKa't). 

3. At line 733 commences what is frequently 
regarded as a separate poem, and placed apart 
tinder the title AiooTj/ieia, consisting of a collection 
of the various appearances which enable an ob- 
server of nature to predict the weather. It will 
be seen below that the constellations described by 
Aratus still retain, with a few variations, the names 
by which he distinguishes them. 

In a little tract ascribed to Eratosthenes (fl. b. c. 
230), entitled Karao-Tepio-fxoi, probably an abridg- 
ment of a more complete treatise, in which he 
details the mythological origin of the constellations, 
together with the number and place of the stars in 
each, we find the same forms arranged in the same 
order as in Aratus, who is followed step by step. 
The Bird, however, is here termed the Swan ; the 
Centaur is individualised into Chiron ; and the 
Hair of Berenice appears for the first time, having 
been introduced by Conon in honour of the sister- 
wife of Ptolemy Euergetes. 

Scientific astronomy commenced at Alexandria 
in the early part of the third century before our 
era ; and the first steps were made by Timocharis 
and Aristyllus, who flourished about B. c. 290. 
They invented the method of determining the 
places of the fixed stars, by referring them to one 
of the great circles of the heavens, and for this 
purpose selected the equator. By them, as we 
learn from Ptolemy, the right ascension and de- 
clination of many stars were observed, among 
others of Spiea in the Virgin, which they found 
to be 8° from the equinox of autumn. 

Hipparchus, about 150 years later, followed up 
the track which they had indicated : his observ- 
ations extended from B.C. 162 to B. c. 127 ; and, 
whether we regard the originality, the magnitude, 
or the importance of his labours, he is well entitled 
to be regarded as the father of the science. (See 
Plin. H. N. ii. 26.) In addition to many other 



services, he first drew up a regular catalogue of 
the fixed stars, pointing out their position and 
magnitude, he first delineated accurately the shape 
of the constellations, and he first discovered the 
precession of the equinoxes by comparing his own 
observations with those of Timocharis and Aris- 
tyllus. It is much to be lamented that all the 
works of so great a man should have perished, 
with the exception of a commentary in three books 
upon the description of the fixed stars by Eudoxus 
and Aratus ('EJrj^rjo'is tuv 'hparov Kal EuSdfou 
(paivo/xeuoiv), the least valuable perhaps of all his 
productions. We have, however, every reason to 
believe that the substance of his most valuable ob- 
servations has been preserved in the Almagest of 
Ptolemy, which long enjoyed such high fame that all 
former authors were allowed to sink into oblivion. 

The catalogue of the fixed stars by Ptolemy 
(fl. a. d. 100), contained in the seventh and eighth 
books of the Almagest and derived in all pro- 
bability in a great measure from that compiled by 
Hipparchus, long served as the model for all sub- 
sequent labours in the same field, and little more 
than two centuries have elapsed since any attempt 
was made to supersede it by something more per- 
fect. It embraces 48 constellations (21 northern, 
15 southern, and the 12 signs of the zodiac), com- 
prising 15 stars of the first magnitude, 45 of the 
second, 208 of the third, 474 of the fourth, 217 
of the fifth, 49 of the sixth, 9 obscure, and 5 
nebulous, in all 1022. These are the constella- 
tions, usually denominated the Old Constellations, 
to distinguish them from the additions made in 
modern times, and these we shall consider in re- 
gular order. The stars are enumerated according 
to the place which they occupy in the figures, the 
latitude, longitude, and magnitude of each being 
specified. In connection with many constellations, 
several stars are mentioned as ajxoptpwToi, that is, 
not included within the limits of any one of the 
figures ; among those near the Lion he notices the 
Hair of Berenice, among those near the Eagle the 
Antinous. The single stars and small groups to 
which particular names are assigned, are, Arcturus, 
the Lyre, Capella, the Kids, the Eagle, the Hyades, 
the Pleiades, the Manger, the Asses, Regulus 
(lia.o-i\io-Kos), Vindemiatrix, Spica, Antares, the 
Hound (he does not give the name Sirius),Canopus, 
and Procyon. 

Among our Greek authorities we must not pass 
over Geminus, whose work 'Elaayu>'y > tt els ra 
$atv6/ji.eva contains in sixteen chapters an exposi- 
tion of the most striking facts in Astronomy and 
Mathematical Geography. We know nothing of 
him personally ; but it has been inferred from his 
book that he was a native of Rhodes, and that he 
flourished about b. c. 70, at Rome, or at some 
place under the same parallel. The second chapter 
treats of the constellations and of those stars and 
small clusters distinguished by particular names. 
The Coma Berenices, which is not included in the 
21 northern constellations of Ptolemy, has here 
an independent place assigned to it ; the Foal, or 
Little Horse, is termed Trporo/xii 'fairov Kaff "lir- 
Ttap%ov, which seems to indicate that it was in- 
troduced by Hipparchus ; in addition to the 15 
Southern Constellations of Ptolemy, we find the 
Stream (x^ffis vSaros) issuing from the urn of 
Aquarius, and the Thyrsus of the Centaur. The 
sixteenth chapter is particularly interesting and 
valuable, since it contains a parapegma or calendar 



ASTRONOMIA. 



ASTRONOMIA. 



147 



of the risings and settings of the fixed stars, with 
prognostics of the weather, according to Meton, 
Euctemon, Eudoxus, Calippus, and others, the ob- 
servations of each being quoted separately. 

The Romans adopted the knowledge of the stars 
communicated by the Greeks without in the 
slightest degree extending it. Only two Latin 
writers discourse specially on the subject, Manilius 
and Julius Finnicus, and their treatises belong 
rather to Judicial Astrology. The poets, however, 
especially Ovid and Virgil, make frequent allu- 
sions to the risings and settings of the fixed stars, 
to the most remarkable constellations and to the 
legends attached to them. Cicero, Germanicus, 
and Avienus, as we have stated above, executed 
translations of Aratus, while in Vitruvius, Pliny, 
Columella, Martianus Capella, the Scholiast on 
Germanicus, and Hyginus, we find a multitude of 
details. Manilius, it is clear, took Aratus for his 
guide in so far as the constellations were con- 
cerned ; for he does not notice the Hair of Berenice, 
the Foal, nor the Soutliern Crown. 

Pliny speaks of the constellations as seventy-two 
in number ; but he seems to have eked out the sum 
by counting separately portions of figures, such 
as the Pleiades, the Hyades, the Urn and the 
Stream of Aquarius, the Tltyrsus of the Centaur, 
the Head of Medusa, the Scymetar of Perseus, 
the Manger, the Two Asses, Capella, the Kids, 
the Hair of Berenice, the Throne of Caesar, and 
probably the more conspicuous among the indivi- 
dual stars, such a3 Arcturus and Sirius. He sets 
down the number of observed stars at 1600, which 
far exceeds the catalogue of Ptolemy. 

The Scholia on Germanicus do not constitute a 
regular commentary like the Scholia on Aratus, 
but are translations from Eratosthenes, with some 
excerpts, added subsequently perhaps, from the 
Sphaera Graecaet Barbara of Nigidius Figulus and 
other works on astronomical myths. 

The Poetican Astronomicon, which bears the 
name of Hyginus, is written in the style of Era- 
tosthenes, and is in a great measure borrowed from 
him. No notice is here taken of the Foal nor of 
the Southern Crown, which proves that at the 
time when it was composed, whenever that may 
have been, more attention was paid to Aratus than 
to Hipparchus and Ptolemy. 

Nanus of the Constellations. 

In what follows we arrange the constellations, 
with one or two trifling exceptions, in the order 
adopted by Ptolemy, enumerating first the twenty- 
one northern signs ; secondly, the twelve zodiacal 
signs ; and lastly, the fifteen southern signs. In 
each case we give, first, the name by which the 
constellation is known among ourselves; secondly, 
the name ascribed to it by Aratus ; and lastly, the 
other Greek and Latin names which most fre- 
quently occur or which deserve particular notice. 

Northern Signs. 

1. Thk GreatBkar.Thk PLOUGH, Charles' 
Wain, "ApKTor (p.tyd\i)), 'EAdcTj (Arat. 27, 
&c), Major Arrtus, Major Ursa (German.), //<•- 
lice (Cic, Manil. i. 303). The most remarkable 
cluster in the northern hemisphere both on account 
of its brilliancy and from the circumstance that it 
never sinks below the horizon in Europe and those 
parts of Asia known to the ancients, is that which 
as early as the time of Homer mi known by the 



names of "ApKTos, Hie She Bear, or°A/ia|a, The 
Waggon (II. xviiL 487, Od. v. 275), which the 
Romans translated by the equivalent terms Ursa 
and Plaustrum or Currus. At a later period when 
the Lesser Bear had been added to the number of 
the celestial signs, the epithets ne-ydXr) and piKpd 
were applied to them respectively by way of dis- 
tinction, and in like manner Ovid (Trist. iv. 3) 
speaks of them as magna minorqve ferae. The 
ancient Italian name for the seven bright stars 
which form the most conspicuous portion of the 
group was Seplem Triones (Cic), that is, according 
to the interpretation of Varro (L. L. vi 4 ; GelL 
ii.21 ; Festus, s. v. Triones), The Seven Ploughing 
Oxen, an appellation which as well as that of apo^a, 
was extended to the Lesser Bear. Thus Aratus 
commences his description 

Svoi Se fi.iv iu<pls %x ovaal 
*ApKTOi afia rpo^(Jwo*f, to St; KaXtovrai afia^ai, 

deriving afiafat, absurdly enough, from afia ■ Virgil 
celebrates 

Arcturum, pluviasque Hyadas, geminosque Triones, 

and Vitruvius (ix. 3) not only employs Sejitem- 
trio simply for the Greater Bear, but distinguishes 
between Septemtrio major and Septemtrio minor, 
and again speaks of the Arctos, qui Septcmtriones 
dicuntur. 

In addition to the above designations we find 
'EKlicn, applied to the Greater Bear alone, derived 
from its sweeping round in a curve (otto toC (XiV- 
<rta8ai, Schol. ad Arat. 37), while from the mythi- 
cal connection established between this constella- 
tion and Callisto, daughter of the Arcadian monarch 
Lycaon, the Latin poets constantly refer to it as 
Lycaunis Arctos; Purrhusis Arctos ; Parrhasides 
steltae ; Macnalis Ursa, &c The term Boves Icarii 
employed by Propertius (ii. 24. 24), is explained 
below (No. 5) under Arctophylai. For the story of 
Callisto and her transformation see Ovid. Met. ii. 
409, Fast, ii.155; Serv. ad Virg. Ccorg. L 240; 
Hygin. Poet. Astron. ii. 1. 2. 

2. Thk Lesser or Little Bear, "A^ktos 
(litKpd), Kvv6aovpa, K.vv6aovpis (Ar.it. 27 — 308), 
Arctus minor (Cic), Cynosura (Cic Manil. i. 300). 
This constellation, we are assured by many au- 
thorities (Schol. ad Horn. 11. xviii. 187; Aehill. 
Tat. Isagog. in Arat. Phuen. c. 1 ; Diog. Laert. i. 
23; Hygin. Pott. Astron. ii. 2), was first added Ui 
the Grecian catalogues by Thales by whom it may 
possibly have been imported from the East ; and 
while from its close resemblance in form, it shared 
the names of "ApxTos and apa^a with its more an- 
cient and majestic companion, it enjoyed exclu- 
sively the appellations of 4>oij4k7) and Kvvdoovpa. 
The former was derived from the circumstance 
that it was selected by the Phoenicians as the 
guide by which they shaped their course at sea, 
the Grecian mariners with less judgment employ- 
ing Hclice for the same purpose (Arat. 37 ; Knit. 
Cat. 2; Schol. ad German, p. 89; Hytrin. /'. A. 
ii. 2). The latter, signifying cam's Cauda, applied 
by the ancients to the whole figure, and not as in 
modern times merely to the pole star, seems to 
have been suggested by the appearance presented 
by three of the stars which form a circular sweep, 
bearing some resemblance to the upturned curl of 
a dog's tail, and will thus be on expression analo- 
gous to that of llelicr. Tin- early astronomers 
seem to have generally considered that one of thu 
I. 2 



148 ASTRONOMIA; 



ASTRONOMIC 



tars in the Little Bear marked the position of the 
pole, but it is difficult to determine from their 
words to which they severally refer. Accord- 
ing to Hyginus who, however, seems not to 
have clearly understood Eratosthenes whom he 
quotes, one of the three stars forming the tail was 
called Polus and the two others, from circling 
round it, Xopevral, Tlie Dancers, the same appa- 
rently with the Ludentes of the Scholiast on Ger- 
manicus. 

Those poets who regarded the Great Bear as 
Callisto represented the Little Bear as her dog; but 
according to another legend commonly received, 
the two bears were the two nymphs who acted as 
nurses in Crete to infant Jove (Arat. 31), and 
hence the phrase Cretaeae Arcti (German.). 

3. The Dragon, Apdnoiv (Arat. 45), trans- 
lated by the Latins Draco (Cic. German. Vitruv.), 
Serpe7is (German. Vitruv. Manil. Ovid), and Anguis 
(Virgil. Ovid. Manil.). Servius (ad Virg. Georg. 
i. 205) remarks that there are three Angues in the 
sky, one lying between the Bears : 

Maximus hie flexu sinuoso elabitur Anguis 
Circum perque duas in morem fluminis Arctos : 

(comp. Vitruv. ix. 3) : the second grasped by 
OpMucus: the third, to the south, around the Crater 
and Corvus. The superior richness of the Greek 
language distinguished these as Apanaiv, "0<pis, and 
"TSprj. The description of Aratus has been ren- 
dered almost verbatim and with great spirit by 
Virgil in the lines quoted above. Mythologically, 
the dragon was regarded as the snake which once 
guarded the apples of the Hesperides, or as a snake 
snatched by Minerva from the giants and whirled 
by her aloft to the pole. (Hygin. P. A. ii. 3, iii. 
2 ; Serv. ad Virg. Georg. i. 244.) 

4. Cepheus, Krjfzvs (Arat. 183), Cepheus 
(Cic. Vitruv. Manil.), Iasides Cepheus (German.). 
The legends respecting this ill-fated monarch and 
the other members of his family who beamed in 
the heavens, Cassiopeia, Perseus, and Andromeda, 
are detailed at length in the Catasterisms of Era- 
tosthenes and in Hyginus. 

5. The Bear- Warden, Bootes, The Wag- 
goner, 'ApKTo<pv\a^ (Arat. fll), Arctopliylax 
(Cic. German. Manil. i. 323), translated by Ovid 
(Trist. i. 10. 15) Custos JJrsae, and by Vitruvius 
(ix. 3.) Custos Arcti, or simply Custos (I. c), was 
denominated also Bowttjs (Arat. I. c), Bootes (Cic. 
German. Manil.), i. e. Bubuleus, the ox-driver, and 
according to the Scholiast on Aratus (I. c.)Tpvyrir{is, 
the vintager. The first name which supposes the 
constellations to represent a man upon the watch 
denotes simply the position of the figure with re- 
gard to the Great Bear, or when the latter was 
regarded as Callisto, then Arctophylax became 
her son Areas, by whom she was hunted and 
slain ; the second name, which is found in Homer 
(Od. v. 272) refers to the ap.a^a, the imaginary 
form of Bodrris being fancied to occupy the place 
of the driver of the team ; the third name is con- 
nected with the period of the heliacal rising of the 
group which indicated the season of the vintage. 

The chief star in the constellation is Arcturus, 
'ApKTovpos (Arat. 95), Arcturus (Cic. German. 
Vitruv. Manil.), a word of similar import with 
Arctophylax. It is twice mentioned by Hesiod 
{Erg. 566, 610), and, as we shall see hereafter, 
occupied a prominent place in the calendars of 
Greece and Rome. Some late writers, such as the 



Scholiast on Germanicus, Hyginus and Martianus 
Capella, use the name Arcturus for the whole con- 
stellation, but Aratus, Geminus, and Ptolemy con- 
sider it as a single star. 

The legends with regard to Bootes present many 
different aspects ; by the Greeks he was usually, 
represented as Areas, the son of Callisto ; Ovid in 
one passage (Fast. vi. 235) calls him Lycaon, the 
father of the hapless damsel ; by others he was 
pronounced to be Icarius (or Icarus) to whom 
Bacchus taught the use of the vine, and then the 
constellation Virgo was his daughter ; Erigone, 
and either the greater or the lesser hound, was her 
dog Maera (Canis Icarius, Ov. Fast. iv. 939). 
Hence, too, the Septemtriones are styled Boves 
Icarii by Propertius (ii. 24. 24). 

Homer (Od. v. 272) calls Bootes itye Ziuv, from 
his descending below the horizon in an upright 
position, and therefore very gradually. Compare 
Ov. Fast. iii. 405 ; Claud. Rapt. Proserp. ii. 190, 
and the " pigri sarraca Bootae " of Juvenal, v. 23. . 

6. The Northern Crown, 2i etyavos (Arat- 
71), Corona (Cic. Vitruv. Manil.), Ariadnes corona, 
Minoa corona, German.). Ptolemy distinguishes be- 
tween the Northern and the Southern Crown (2te- 
(pavos fiipuos, voVios), and hence the modern name. 
According to the legend commonly adopted this was 
the chaplet of Ariadne placed by Bacchus in the 
firmament to do honour to his mistress, and hence 
the epithets applied by Germanicus as quoted 
above. (Comp. Virg. Georg. i. 222 ; Ov. Fast. iii. 
460 ; Manil. i. 330.) 

The name Gemma, now given to the most re- 
splendent star in. the circle, was not known to the: 
Romans. 

7. Hercules. The constellation now known by 
this name is described by Aratus (v. 63) as an un- 
known or nameless form (etSaAov Aicrrou ■ direuOe'os 
dSdXoio), which from its resemblance to a man 
toiling (fxoytovTi avSpl ioucbs e1$a\oy) on hi* 
knees, was usually called 'Evy6va<ru>, which the 
Romans either expressed in the same letters, En- 
gonasi (Manil. v. 645), Engonasin (Cic), or by the 
translations Geniculatus, Ingeniculatus (Vitruv. ix. 
3), Ingeniculus (Jul. Firm. viii. 17), Nioeus in 
genibus (Vitruv. ibid.), Nixa genu species (German. 
Manil. i. 322, v. 645), Dextro genu nixus (Ger- 
man.), or simply Nisus s. Nixus (Cic. German.), 
Innixus (Avien. 205), or with reference to the 
labouring attitude Defectum sidus, Effigies defecta 
labore (German.). 

According to Avienus (v. 175), the appellation 
of Hercules was bestowed by Panyasis, by others 
it was regarded as Theseus, by others as Ceteus, 
son of Lycaon, by others as Prometheus chained to 
Caucasus. (Hygin. P. A. ii. 6, iii. 5.) 

8. The Lyre, Xe'Aus, Avpa (Arat. 268), Lyra 
(German. Vitruv. Manil. i. 331), Fides (Cic), 
Fidis (Col. xi. 2. § 43, &c), Fidicula (Vlm.H.N. 
xviii. 64, &c). Ptolemy ($. A.) designates as 
6 Xaixirpos ttjs \vpas, the peculiarly bright star 
(a Lyrae), which renders this constellation so con- 
spicuous ; but it appears probable that the simple 
Avpa among the Greek astronomers, as well as 
Fidis and Fidicula among the Latins, was fre- 
quently employed to denote this single star, as 
well as the whole sign. Manilius seems to speak 
of Fides as a constellation distinct from Lyra, but 
the passages are very confused (i. 409 ; comp. 324, 
337). The invention of the Lyre being ascribed, 
to Mercury, we naturally find the epithets 'Ep/ialri. 



ASTRONOMIA. 

(Arat. G74), KuAAtjccu't) (597), Mercurialis (Ger- 
man.), Cyllenia (Cic.) attached to it. 

9. The Swan, "Opvis, aloKos Zpvis (Arat. 
273, 275), Ales (Cic), Volucris, Avis (Vitruv. 
ix. 4). The Bird is the name given by Aratus 
and Geminus to the constellation termed by Era- 
tosthenes (c. 25) Kvkvos, rendered Cycnus by 
Germanicus and Manilius, for which the synonym 
Olor is frequently substituted. By mycologists it 
was regarded as the swan of Leda. 

10. Cassiopeia, Kaaaieireia (Arat. 189), Cas- 
siepeia (Cic. German. ManiL i. 361), Cassiopea 
(Vitruv.). For the myth regarding her, see Hygin. 
P. A. ii. 10 ; comp. Arat 654 ; Manil. v. 504; 
Propcrt. i. 1 7. 3 ; Columell. xi. 2. § 78. 

1L Perseus, Tlepaevs (Arat. 248), Perseus 
(Cic. German. Vitruv. Manil. i 357, 365), was 
pictured as bearing in one hand a crooked sword 
(apTrn, falx), and in the other the head of the 
Gorgon Medusa, Topyiviov (Gemin. Ptolem.), Gor- 
goneum caput (Vitruv. ix. 3), Gorgonis ora (ManiL 
i. 3G6), Caput Gorgonis. (Hygin. P. A. iii. 11). 

12. The Charioteer, 'Hvioxus (Arat 156), 
JItmiochus (Manil. i. 369), Auriga (Cic. German. 
Vitruv.), Aurigator (Avien.), was, according to 
one legend (German.), Ericthonius, 

Quern primum cursu volitantcm Jupiter alto 
Quadrijugis conspexit cquis. Manil. i. 370. 

According to another (German, ibid.) Myrtilus the 
charioteer of Ocnomaus, who betrayed his master 
to Pelops. (Hygin. Fab. 84.) 

The brightest star in this constellation (o') was 
termed A!? (Arat 157) by the Greeks, who 
pictured a goat supported upon the upper part of the 
left arm of the figure, and by the Romans Cape/la 
(Ovid. Manil. Plin.) or Capra (Cic. Vitruv. Hor. 
German. Columel.). The epithet 'C.\tviri in Aratus 
(164), according to the explanation of his Scholiast, 
was applied because the ai£ rested ^iri t»)s u>K(vt)s 
toO 'Hvi6x<>v, and hence Olenie, Olenium peats, 
Olenium antrum. Its heliacal rising took place 
soon before the winter solstice, and thus it was 
termed signum pluviale, while the legends de- 
clared that this was the very goat Amaltheia who 
nursed Jupiter upon Mount Ida. Both of these 
points are touched upon in the couplet of Ovid : 

Nascitur Oleniac signum pluviale Capcllae, 
Ilia dati coelum praemia lactis habet. 

The two stars ((', v') placed by Aratus (166) 
and I'tolemy on the wrist of Auriga were 

The Kids, "Epi<poi (Arat. 158), Hoedi (Cic. 
Vitruv. Manil. i. 372), and are said to have been 
first named by Cleostratus of Tenedos about II. c. 
500 (Hygin. P. A. ii. 13). They, as well as 
Capella,"are spoken of as heralds of the storm. 
(Manil. i. 372 ; Virg. Georg. i. 205, Am. ix. 663 ; 
Hor. Carm. iii. 1. 28.) The star which marks the 
northern horn-tip of the Bull was, according to 
Vitruvius (ix. 3), called Aurigae A/anus, since he 
was supposed to hold it in his hand. 

13. The Serpent Hoi.heh, 'OipioDxos (Arat 
75), Ophiurus (German. Vitruv.), Anguilenens 
(Cic Manil. v. 384), Anguifcr (Columel. xi. 2. 
§ 49), Scrjtrnturius (Schol. German.), was com- 
monly regarded by mythical writers and poets as 
Aesculapius (Eratosth.c 6 ; Ov. Fust. vi. 735), and 
by some as Hercules, not to mention other more 
oLnire legends. (IhL'in. /'. .1. ii. 1 I, iii. 13.) 

14. The Snake, grasped by and surrouuding 



ASTRONOMIA. 149 

the figure, wa3 termed S<pis (Arat 86), Anguis 
(Cic. German.), or Serpens (Cic. Vitruv.), 

Serpentem Graiis Ophiuchus nomine dictus 
Dividit, &c Manil. L 338. 

and is reckoned as a separate constellation. 

15. The Arrow, 'Oi'ord's (Arat. 311), T<i|oi> 
(Eratosth.), Sagitta (German. Vitruv.), Clara 
sugitta, Fitlgens sagitta (Cic), is distinct from the 
arrow fitted to the bow of Sagittarius, the archer, 
in the zodiac. Hence Aratus, after describing the 
latter, adds 

"Eari 8e tis irpoTe'pai ySeSAij/aeVos aAAoj b'i<TT6s 
Aurbs &Tep t6£ov. 

(Comp. Cic. 325 ; German. 683 ; Manil. i. 349.) 

16. The Eagle, 'A(t6s (a7)T<is, Arat. 315), 
Aquila (Cic. Vitruv.), or, in poetical circumlocu- 
tion, Jovis anniger (German. Avien.), Jovis ales 
(German. Manil. i. 350), Armiger uncis ungiabus 
ales (German.), Praepes udunca Jovis (Ov. Fasti 
vi. 196). The principal star is named specially 
aeris by Ptolemy ; but from the circumstance of 
his placing it among those of the second magnitude, 
it has been conjectured that it was less bright in 
his day than at present. 

Antinous. Ptolemy, when noticing the stars 
around the Eagle not properly included within the 
limits of the constellation, remarks, e<p' wv & 
'AiriVoor, which corroborates the statement of 
Dion Cassiiis, that Hadrian assigned a star to li is 
favourite. Antinous, as a separate constellation, 
was first introduced by Tycho Brahe. 

17. The Dolphin, AeA<pis (Arat. 313), s. 
AeAcpiV, Delpliinus (Cic. German. Vitruv. Manil. 
i. 353), Delphin (German.) was regarded by 
mythologists as the dolphin which bore Arion. 

18. The Little HoRSK,"l7nrou irporofiri, lite- 
rally, the fore rpiarters of a horse, was unknown to 
Aratus and Eratosthenes ; but appears from the 
words of Geminus to have been introduced by 
Hipparchus. It is not noticed by Vitruvius nor 
by Manilius. 

19. Pegasus, "Itttos (Arat 205), F.ipius (Cic 
Vitruv. Manil. i. 355), Souipcs, Sonipn ales 
(German.). The legends having declared that this 
was the steed of Bcllcrophon, the name l'egasus 
(Herman. 505) was employed as early as Eratos- 
thenes to distinguish the constellations, but Aratus 
speaks of it simply as the horse. (Ov. Fad, iii. 
450.) The figure was supposed to represent the 
fore quarters only. 

20. Andromeda, 'AvSpoufSrj (Arat 197), 
Andromeda s. Andromrde (Cic. German. Vitruv. 
Manil. i. 357, 363). Andromeda was the daugh- 
ter of Cepheus and Cassiopeia, and hence the con- . 
stellatiou is termed Cepheis by Manilius and 
Germanicus (i. 443), while in consequence of her 
deliverance from the sea monster by Perseus wo 
find Persea in the scholiast on Germnnicus. 

21. The Triangle, A* AtwtoV (Arat. 235 ; 
Cic), Dcltotum (German. Manil. i. 360), the Tpi- 
ywyof of I'tolemy, and hence Vitruv. ix. 3, " In- 
super Arietis signum facientes stellae sunt trigonuin 
paribus latoribus." 

Signs of the Zodiac. 

1. The Ram, Kpt&t (Arat. 225), Ark$(Cie, 
Herman. Vitruv. Manil. i. 263), l.anigrr (Her- 
man. Iiflfl ; .Manil. ii. 546). This was tin- very 
goldeu-Uecccd ram which bore away Phrvxus and 
L 3 



150 ASTRONOMIA. 



ASTRONOMIA. 



Helle from the wrath of Ino, and hence the de- 
signations in Ovid of Phryxea Ovis, Pecus Atlia- 
mantidos Helles. 

2. The Bull, Tavpos (Arat. 167), Taurus 
(Cic. German. Vitruv. Manil. i. 264), Bos (Ger- 
man. 181), was by some mythologers regarded as 
the bull into which Jupiter transformed himself to 
gain Europa ; according to others as the cow into 
which Io was metamorphosed ; in either case an 
object of jealousy to Juno, as indicated by Ovid 
(Fast. iv. 7. 7). In another passage (vi. 712), in 
reference to the former idea, he speaks of him as 
Agenoreus, while Martial (x. 51) applies the epi- 
thet Tyrius. 

This constellation is chiefly remarkable from 
including within its limits two small but closely 
packed clusters of stars, which attracted attention 
at a very early period, and are distinguished by 
Homer (R. xviii. 486) and Hesiod (Erg. 615) as 
the Hyadbs and Pleiades, names which they 
still retain unchanged. 

The Hyades, "Ta5es (Arat. 173), Hyades 
(German. &c), situated in the forehead of the 
figure (M iravrl /j.eTwir(f, Arat. ; ivl rod j8ou- 
icpdvov, Gemin.), derived their name avb rov veiv, 
because the period of their setting in the morning 
twilight (the end of November) marked the most 
wet and stormy period of the year. By the Ita- 
lian peasants they were denominated the suculae, 
i. e. the little swine, and hence it has been ima- 
gined, but probably erroneously, that 'TdSes is ety- 
mologically connected with "Ts (Plin. H. N. xviii. 
26 ; Gell. xiii. 9). They set in the evening 
twilight at Rome, towards the close of the re- 
public, about the 20th of April, and hence were 
known as the sidus Parilicium (or PalUicium), the 
ParUia (or Palilia), the festival which marked the 
birth-day of the city, being kept upon the 21st. 
Ancient astronomers were not agreed as to the 
number of stars included in the Hyades (see 
Schol. ad Arat.). Thales reckoned two only (viz. 
a and e), the two eyes of the bull ; Euripides 
three ; Achaeus four ; Hesiod five ; Pherecydes 
seven. The latter made nymphs of them, and the 
names have been preserved by Hyginus. One of 
these, Thyene, is put by Ovid (Fast. vi. 711) for 
the whole group, which elsewhere (v. 734) he 
terms the Sidus Hyantis, in allusion to a legend 
which he had previously (v. 169) recounted. 

Still more important were the Pleiades, 
IlAei'aSes, nA.7)ia5ej (Horn. I. c. Arat. 255 regards 
them as a distinct constellation), Pleiades (Ger- 
man. &c. &c), a word for which various etymo- 
logies have been proposed, the most reasonable 
being the verb ir\eiv, their heliacal rising and 
setting in the first half of May and the beginning 
of November having been the signal in the early 
ages of Greece for the mariner to commence and to 
discontinue his voyages. The form ireA.et'a8es, i. e. 
the flock of pigeons, probably originated in a cor- 
ruption. The Italian name was Vergiliae (Cic), 
Sidus Vergiliarum (Vitruv. ix. 2), derived mani- 
festly from their heliacal rising in spring. Aratus 
notices the circumstance that they are commonly 
spoken of as the seven stars, although six only are 
visible, and thus Ovid also 

" Quae septem dici sex tamen esse solent." 

The fact is that the cluster consists of six stars, 
which can be distinctly seen by the naked eye, 
and of several very small ones, which are tele- 



scopic. Under very favourable circumstances, how- 
ever, one of these may have occasionally been 
discerned, as Hipparchus states, or, possibly, as 
we know to have been the case with other fixed 
stars, one of them may have lost a portion of the 
lustre which it at one period possessed, and have 
become nearly or totally invisible. Be this as it 
may, the disappearance of the seventh Pleiad gave 
rise to a multitude of legends. By Hesiod they 
are styled 'ArKayeveh, Cliildren of Atlas, from 
whom the Roman poets adopted the expression 
Atlantides, the name of the damsels (Arat. 262) 
being Alcyone, Merope, Celaeno, Electra, Sterope 
(or Asterope, German.), Taygete and Maia. Of 
these six wedded divinities, the seventh a mortal 
man, and thus her brilliancy became dimmed by 
the influence of the debasing alliance. One or 
other of the above names is frequently employed 
to denote the whole, as Taygete (Virg. Georg. iv. 
232 ; Ov. Met. iii. 594), Maia (Virg. Georg. i. 
225), Sterope (Ov. Trist. x. 14), and in like 
manner IIAeias or Pleias is often used in the 
singular. 

3. The Twins, AlSv/xoi (Arat. 147), Gemini 
(Cic. German. Vitruv. Manil. i. 265). The two 
brightest stars, being supposed to represent Castor 
and Pollux. 

4. The Crab, Kapnlvos (Arat. 147), Cancer 
(Cic. Vitruv. German. Manil. i. 265), called 
Lernaeusby Columella (x. 313), because, according 
to the legend, it crawled out of the Lernaean 
swamp to attack Hercules while he was doing 
battle with the Hydra. The epithet Littoreus in 
Ovid (Met. x. 127) and Manilius (iii. 316) pro- 
bably refers merely to the ordinary habits of the 
animal, and not, as Ideler supposes, to the same 
contest. 

Two small stars in this constellation (7, S) were 
called "Ovot, Asini s. Aselli, the Donkeys, one being 
distinguished as the northern ($6pzios), the other 
as the southern (v6tlos), and a nebular bright- 
ness between them, 4>aTV7}, Praesepe, the Stall or 
Manger. (Arat. 894, &c. ; Plin. H. N. xviii. 35 ; 
Ptolem.) These seem to form what Manilius calls 
Jugulae (v. 174, and note of Scalig.), although 
Jugula is a name sometimes applied to Orion. 

5. The Liqn, AeW (Arat. 149), Leo (Cic. 
German. Vitruv. Manil. i. 266), regarded as the 
Nemean lion slain by Hercules, and hence con- 
stantly termed simply Nemaeus (e. g. Manil. iii. 
409). The bright star now known as Regulus, a 
name introduced by Copernicus, was anciently, as we 
learn from the scholiast on Aratus, called $0.0-1X10- 
kos, and marked the heart of the animal (iirl rrjs 
KapSlas). In Pliny it is Regia (H. N. xviii. 26, 28), 
in the scholiast on Germanicus, Tyberone, which is 
either a corruption, or arose from his mistaking the 
meaning of the word in Pliny, who says, " Stella 
Regia appellata Tuberoni in pectore Leonis," i. e. 
The star on the Lion's heart called Regia by 
Tubero. 

6. The Virgin, Tlap64vos (Arat. 96, &c), 
Virgo (Cic. German. Vitruv. Manil. i. 266), Eri- 
gone (Manil. ii. 552, et pass.), was mythically re- 
garded as Atari, Justitia, or Astraea, or as Erigone, 
or as Ceres, or as Isis, or as Fortuna, the last 
name being given to her, according to the scholiast 
on Germanicus, " because she is a headless constel- 
lation." 

The brightest star in the constellation is called 
by Aratus 2-nxxws, Spica (German. Vitruv.), 



ASTRONOMIA. 



ASTROXOMIA. 



151 



Spicum (Cic), The Corn Ear, and this the 
figure is supposed to grasp in her left hand. 

The star which marks the right wing («) was 
irpoTpvyriTTip (Arat. 138) s. Trporpvyrrr-qs s. rpv- 
yv~fip, translated Provindemiutor, Vindemiator s. 
Vindemitor, and is now known as Vindemiatriz, 
names which it received in consequence of rising 
shortly before the period of the vintage. (Arat 138 
and schol. ; Columell. xi. 2. § 24 ; Ov. Fait. iii. 
407; Plin. H.N. xviiL 26, 31 ; Vitruv. ix. 3, 
says that the Greek name was irporpvyeTos, and 
the Roman, Pruvindemia Major.) 

7. The Balance was by the earlier Greek as- 
tronomers invariably denominated XtjA.cu' (Arat. 
89), Clietae (Cic German. Manil. ii. 544, et pass.), 
The Claws, i.e. of the Scorpion, which stands 
next in the Zodiac Geminus, who flourished, it is 
believed, about B. c. 80, is, as far as we know, the 
first Greek writer who distinguishes the seventh 
sign as Zvy6s, which is used by Ptolemy indif- 
ferently with XtjAcu. The term Libra, for which 
Cicero in one passage employs Jugum, was first 
formally adopted by the Romans in the Calendar 
of Julius Caesar, to whom it was very probably 
suggested by Sosigencs. The figure, it would seem, 
was derived from the East, and must be regarded 
as a symbol of equality introduced into the heavens 
at the period when the entrance of the sun into 
that constellation marked the Autumnal Equinox. 
The scientific Latin writers, such as Vitruvius, 
Columella, and Pliny, uniformly distinguish this 
sign by the name Libra alone ; the poets use 
either LUjra or Cltelae, as may suit their purpose. 
Manilius combines both into one phrase (Juga 
Chelarum, i. 609 ), while the ingenious conceit by 
which Virgil represents the Scorpion as drawing 
in his claws in order to make room for Augustus, 
is known to every reader of the first Georgic. 
(Comp. Gv. Met. ii. 195.) 

In the commentary of Thcon on the Almagest, 
Libra is frequently represented by AiVpa or Aii-pai, 
a word originally borrowed by the Romans from 
the Sicilians, transformed into Libra, and then 
restored to the later Greeks in the new sense of a 
Balance. 

8. The Scorpion, SKopm'os (Arat. 85. 304), 
Scorpius (Cic. German.), Scorpion (Manil. i. 268, 
et pass.), Scorpio (Vitruv.). Cicero, in his trans- 
lation of Aratus, and Manilius, both make use also 
of the term i\'epa, a word, according to Festus, of 
African origin, sometimes employed to denote a 
Scorjiion and sometimes a Crab (Plaut. Can. ii. 8. 7; 
Cic. de Fin. v. 15) ; and thus Cicero, in line 460 
of his Aratus, distinctly indicates the fourth sign by 
the word Ni-pa, which elsewhere is put for the 
Scoroion. Aratus names this constellation p.tya 
H-npiov and ripas ptya (84,402), because, according 
to the Grecian arrangement, as explained in the last 
paragraph, it occupied, together with its claws, the 
space of two signs. (Ov. Met. ii. 195.) 

'Aeretprji, now Antares, the name given to the 
brightest star, is first found in the works of Ptolemy, 
and probably refer* to it* colour and brilliancy, ri- 
vullirui that o/"(the plain t) Mart. 

9. The Archer, To^irWjs, ro^(\n-fip, and 
iimply r6fry( Arat 306, 400, 664, 665), Sagittarius 
(Vitruv.), Sagittipotens (Cic), Stigitti/er (German.), 
/lrW/<wn.i(Cic.), and simply Arms (Cic. German.). 
This bowman was supposed to be in the shape of 
a centaur (,\fi.rlm <</■«., Manil. i. 270), In ure' \^ 
frequently termed Ccnluurm, and sometimes indi- 



vidualised into Cldron (ffaemonii arcus, Ov. Met. 
ii. 81), thus giving rise to a confusion between this 
sign and the Centaur among the southern constel- 
lations. (Comp. Columell. x. 56; Hvgin. P. A. 
ii. 27.) 

10. The Goat (i.e. the Chamois), Arytficepajs 
(Arat. 284), Aegoceros (German.), Cuprieornus 
(Cic German. Vitruv. Manil. i. 271), Caper 
(Manil. ii. 659), called also Tldv by Eratosthenes. 
Hrginus,the scholiast on Germanicus, and Isidorus, 
inform us that some of the ancients represented 
this creature with the tail of a fish, and in this 
form it is actually figured on several coins of Au- 
gustus, who was born under the sign. No notice 
of such a peculiarity in shape is taken by Aratus, 
Eratosthenes, or Ptolemy. 

11. The Waterman, 'TSpoxios (Arat. 283), 
Ihjdrochoos (German.), Aquarius (Cic. Vitruv. 
German. Manil. i. 472), Aquitenens (German. 560), 
Fundens laticcs (German. 388), Aeauoreus Juvenis 
(Manil. ii. 558), Juvenis gerens aquam (Ov. Fast. 
i. 652), and simply Jurenis (Manil. iv. 709), was 
regarded by those who connected the figure with 
mythical legends sometimes as Deucalion (German. 
568), sometimes as Ganymedes. (Manil. v. 487 ; 
comp. Schol. ad Arat. 283.) 

The four stars (7, 7), tt) on the rigth hand 
were, according to Geminus, named koKttis, which 
is equivalent to the Latin Situla, an Urn. 

The Water Stream, "TSup (AraL), x^'s 
VSaros, Aqua (Cic), Eft'usio Aquae (ScboL Germ. 
119), which ends with the bright star, now known 
by the Arabic name Fomahand or Fomalhant, in 
the mouth of the Piscis Australis (see Manil. i. 
446, and comp. Vitruv. ix. 4, quae vera ab Aquaria 
fundi memoratur Aqua prnftuit inter Piscis Austrini 
caput et caudam Ceti), is regarded as a separate 
constellation under the name of °T$wp by Aratus 
(389 — 399), and also by Geminus, who distin- 
guishes it as the"T8«p to airb rov'T5pox6ov, " the 
W ater flowing from the Waterman," in order that 
it may not be confounded with the constellation 
Eridanus, the Uurap-bs i airb rov 'Clpiwvos, " the 
River flowing from Orion." 

12. The Fishes, 'Ixeies (Arat. 240) or in 
the dual 'Ix 9 " f , Pisces (Cic. Vitruv.), Gemini 
Pisces, Imbrifcri duo Pisces (German.). One of 
these was entitled the Northern (Aquilonaris Piscis, 
Vitruv. ix. 3), the other the Southern Fish (Schol. 
ad Arat. 240 ; Ov. Fast. iii. 401 ; Scbol. German. 
Hytrin. P. A. iii. 29) ; but in order to prevent the 
embarrassment which might arise from identifying 
the latter with the "Ix^us v6rios, or Piscis Aus- 
tralis, a constellation of the southern hemisphere, 
Ptolemy names the northern of the two iir6p.tvos, 
and the other Iryuvfifvos, a precaution by no means 
unnecessary since Manilius actually confounds (i. 
272) the fishes of the Zodiac with the Piscis 
Australis. The Scholiast on Aratus remarks that 
the Northern Fish was represented with a swal- 
low's head, and on that account styled xtAieW/as 
(i. e. hirundininus) by the Chaldaeans, a circum- 
stance for which Scaliger accounts by supposing 
that the name was given in consequence of the 
entrance of the sun into this constellation, when 
the swallow appeared in Greece as the herald of 
Spring. 

The legends connected with this constellation 
(Krato»th. 58 ; H vgin. P. A. ii. 30. 41) bear n- 
I mm ti a Syrim divinity, termed by the Greek* 
sometimes A targatis) a Semitic word signifying The 
l 4 



152 



ASTRONOMIA. 



ASTRONOMIA. 



Great Fish), sometimes Derceto, sometimes Derce. 
This power they confounded with another Syrian 
goddess Asiarte, whom again they identified with 
their own Aphrodite. The story ran that when 
fleeing in terror from the violence of Typhon, she 
plunged into the Euphrates, and was transformed 
into a fish. (Manil. ii. 33, iv. 580.) Avienus 
terms these fishes Bombycii, for which Grotius has 
rightly proposed to substitute Bambycii, for Atar- 
gatis was specially worshipped at Bambyce or 
Hierapolis in Cyrrhestica. (Strab. xvi. p. 517; 
Plin. H.N. v. 23 ; Selden, de Diis Syriis, ii. 3.) 

The bright star (a) which is supposed to form 
the knot of the two bands which connects the 
fishes by their tails, is by Aratus (245) named 
^vvoeo'fios virovpa'ios, by his scholiast decrp.bs ou- 
pa'tos, by Geminus and Germanicus simply 2w5eo"- 
ftos, terms variously translated Nodus (Cic), 
Nodus Piscium (Vitruv.), Nodus coelestis (Avien.), 
Commissura piscium (Plin. xviii. 31). The bands 
themselves are called in one passage of Aratus 
(362 J Aeafiol ovpaioi, more commonly Aivoi or 
Aim, the Vincla of Cicero and Germanicus, the 
Alligameittum linteum of the scholiast on the latter. 

From Vitruvius (is'. 4) it appears that the 
sprinkling of indistinct stars between the Fishes 
and the Whale, was called by the Greeks 'Ep^ij- 
56vr), a word explained by Hesychius to mean tuv 
afivSpHv aarepav p^iVis. 

Southern Signs. 

1. The Whale, Ktjtos (Arat. 353), 'Op<p6s 
(Jul. Firm. Astron. viii. 17), Cetus (Vitruv. ix. 4 ; 
Manil. i. 440), Pristis (German. 644 ; Manil. i. 
363), Nereia Pistris (German. 714), Neptunia 
Pistrhe (Cic, comp. German. 709). The last three 
designations are different forms of the Greek 
Ylprjo-Tis, which Suidas interprets to signify elSos 
ktjtovs da\ao-o-'iov. This was the sea-monster, ac- 
cording to Aratus, sent to devour Andromeda. 

2. Orion, 'Clpiwv (Arat. 322), 'Clapiav (Pind. 
Callim.), Orion (Cic. German. Vitruv. Manil. i. 
399), Oarion (Catull. lxv. sub fin.), Proles Hyriea 
(Ov. Fast. vi. 719, comp. v. 495). A rgion in Julius 
Firmicus (viii. 9), is probably a corrupt form of 
Oarion. 

This is one of the oldest constellations, being 
noticed in Homer (xviii. 486) and Hesiod {Erg. 
598, 615, 619), both of whom employ the expres- 
sion trdevos , np'uovos. The figure was supposed to 
represent an armed warrior (£i(peos J<pi Trenoidws, 
Arat.), grasping a shield in his left hand and a 
club in his right (maim laeva tenens clipeum, cla- 
vam altera, Vitruv. ix. 4), with a glittering belt, 
from which a sword depended (Balteus Orionis, 
Vagina, German. ; Ensis, Cic). The origin of the 
name is quite unknown, the ordinary derivation 
from oipov, to which a mythical legend was 
adapted, being altogether unworthy of attention. 
The morning setting of this remarkable cluster, 
about the beginning of November, pointed out in 
ancient times to the husbandman and the mariner 
the approach of the most stormy period of the year. 
(Hor. Carm. i. 28. 21, Epod. xv. 7, Carm. iii. 
27. 18, Epod. x. 9 ; Virg. Aen. i. 535, iv. 52.) 

An anonymous Greek writer quoted by Scaliger 
declares that the popular name for Orion was 
'AAeTpoir65tou, which seems a corruption of 'AAe/c- 
Tpoir6b'iov, i. e. Cocks-foot, and Ideler thinks that 
we can, without any great stretch of fancy, trace a 
resemblance to a fowl strutting along. 



Among the Romans Jugula or Jugulae seems to 
have been the indigenous appellation ; the former 
is noticed by Varro and Festus, the latter occurs 
in Plautus (Amph. i. 1. 119) — 

" Nec Jugulae, neque Vesperugo, neque Vergiliae 
occidunt :" 

but no satisfactory explanation has been proposed. 
The two bright stars (a, 7) under the head were 
called Humeri. (Var. L. L. vi. 3.) 

3. The Eridanus, Ti.oTa.jj.6s (Arat. 358), Am- 
nis (Cic. German.). Aratus remarks that it was 
considered as a remnant of the Eridanus, 

Aetyaeoe 'HpiSavoTo iroXvKXavffrov -troTa/ic-To, 
that mythical non-existent (roe fxriSa/j-ov yrjs wra, 
Strab.) stream which proved a fruitful source of 
speculation in ancient as it has done in modern 
times. The Romans identified the Eridanus with 
the Po ; and hence while Cicero employs the former, 
Germanicus uses Eridanus and Padus indifferently. 
(Comp. Vitruv. ix. 4.) From Eratosthenes, the 
Scholiast on Germanicus and Hyginus (P. A. ii. 
32), we learn that this constellation was by others 
called the Nile, that being the only earthly river 
which flowed from the south towards the north, as 
this stream of stars appears to do when rising above 
the horizon. 

4. The Hare, Aaya6<; (Arat. 338), Aayi&s, 
Lepus (Vitruv. ix. 4), Levipes Lepus (Cic), Auritus 
Lepus (German.), Velox Lepus (Manil.). 

5. The Great Dog, KiW, Seipios (Arat. 326), 
Canis (Cic), Canis Sirius (German.). Aratus (342) 
employs the phrase p-eyaXoio Kvvos, but the epithet 
must be here understood to refer to the magnitude 
of the principal star and not to the constellation 
Procyon, which the Greeks never call the Little or 
Lesser Dog. 

The most important star in the Great Dog, per- 
haps the brightest in the heavens, was frequently 
specially named KiW, sometimes emphatically 
to &o-rpov, and by the Romans Canis or Canicula, 
but is more frequently designated by the appellation 
Sei'pjos, Sirius, which occurs four times in Hesiod 
(Erg. 417, 587, 619, Scut. 397), although, in the 
first of these passages, the sun, and not a fixed 
star, is probably indicated. IndeedThe word seems 
to be properly an adjective, signifying glittering or 
bright ; and Eratosthenes remarks (c. 33), that 
astronomers were in the habit of denominating other 
stars 'Stipiovs 5ia tt]V Trjs <p\oybs Kivno-iv. Homer 
twice (//. v. 5, xxii. 25) alludes to this star with- 
out naming it, in one passage with the epithet 
birapw6s, which will be discussed hereafter. 

About four hundred years before our era, the 
heliacal rising of Sirius at Athens, corresponding 
with the entrance of the sun into the sign Leo, 
marked the hottest season of the year, and this 
observation being taken on trust by the Romans 
of a later epoch without considering whether it 
suited their age and country, the Dies Caniculares 
became proverbial among them, as the Dog Days 
are among ourselves, and the poets constantly refer 
to the Lion and the Dog in connection with the 
heats of midsummer. 

6. The Little Dog, TipoKvaiv (Arat. 450), 
Procyon (German.), or, literally translated, Ante- 
canem (Cic), Antecanis (schol. German.), so called 
because in Greece the constellation in question 
rises heliacally before the (Great) Dog. The names 
Antecanis and Antecanem, however, do not appear 



ASTRONOMIA. 



ASTRONOMIA. 



153 



to have been generally adopted, for Pliny (//. A', 
xviii. 28), when speaking of Procyon, remarks, 
"quod sidus apud Romanos non habet nomen, 
nisi Caniculam hanc velimus inteliigi, hoc est, mino- 
rem canem ut in astris pingitur," 1 words which do 
not necessarily imply that Procyon ever was ac- 
tually termed Canicula by the Roman writers, 
although this was certainly sometimes the case if 
we can trust the express assertion of Hyginus, 
" Canem (sc. Icarii) autem sua adpellatione et 
specie Caniculam dixcrunt, quae a Graecis, quod 
ante majorem canem exoritur, irpoitvwv adpellatur " 
(P. A. ii. 4). A passage in Pliny (//. X. xviii. 
69. § 3), would at first sight appear to be decisive : 
" IV. Kalendas Maii, Canis occidit, sidus et per 
se vehcmens, et cui praeocciderc Caniculam necesse 
tit.'" But since we know that in Northern lati- 
tudes the Great Dog not only rises after, but also 
sets before the Little Dog, it is evident that, unless 
we suppose Pliny to be involved in inextricable 
confusion, Canicula cannot here signify the sign 
Procyon. The explanation generally adopted, al- 
though somewhat forced, is that a reference is 
made to the practice of offering a dog in sacri- 
fice on the Robigalia. (See Ov. Fast. iv. 936, 
&c. ; ColumelL x. 342, and the commentators on 
Pliny.) 

While, as on the whole seems probable, Procyon 
was sometimes termed Canicula by the Romans, so 
on the other hand, the star Sirius seems to have 
been occasionally called UpoKvuv by the Greeks 
because he rose before the rest of the constellation 
to which he belonged. (Sec Galen. Comment, in 
Hippoarat. Epidem. L) We cannot, however, 
attach this meaning to the words of Horace (Carm, 
iii. 29. 18) — 

jam Procyon furit 
Et Stella vesani Leonis — 

for the appearance of Procyon would to his country- 
men be in reality a more sure indication of the 
hottest season than the rising of the Greater Dog. 

We have already intimated that the Greeks 
designate the two constellations simply as KiW 
and ripoKiW, not as the Greater and Lesser Dog, 
a distinction which prevailed among the Romans, 
as we perceive clearly from Vitruvius (ix. 4) : 
w Gcminos autem minusculus Canis sequitur contra 
Angnil caput: Major item sequitur Minorem." 

When Bootes was regarded as Icarius, and 
Virgo, as his daughter Krigone, Procyon became 
Macra, the dog of Icarius. (Hygin. A. ii. 4 ; 
comp. Ov. Fast. iv. 940.) 

7. The Ship Ar«o, 'Apyd (Arat. 342), Argo 
(Cic Manil. i. 420), Navis (Cic), Argo Navis 
(Cic), Navis iptac nominalur Argo (Vitruv.), 
Argoa jmjrjiis (German.). Itatis lleroum (Manil. 
v. 13). Like Pegasus and the Hull, it was sup- 
posed to represent only one half of the object 
(rifiironos), the portion namely of the vessel be- 
hind the mast (iirrhv !ix<5o»to kot' ainbu, Arat. 
605. 1'uppc traJiitur, German.). The brightest 
star was liy Eudoxus and Aratus(351, 361!) dis- 
tinguished as irnt&Kiov (gnlirrnaculum, Cic), the 
rudder, instead of which KaVwSoj (ttrlla Canopi 
gMI his rcgioniljus est ignota, Vitruv. ix. I), n name 
which appears first in Kratosthenes (c. 37), and 
llipparchus, became general. According to the 
Scholiast on Oermanirus, it was called also I'tnlr- 
mo/'on, or, as Marti.inus Caprlla lias it, I'tnU inm »/«, 
in honour, evidently, of some Egyptian monarch. 



This star, as the words of Vitruvius indicate, was 
not visible in Italian latitudes. 

Cicero, in addition to the rudder, distinguishes 
the mast (malum) also, " radiato stipite malum." 

8. The Water Snake, °T5pTj (Arat. 444), 
"rSpos (Eratosth. Gemin. Ptolem), Hydra (Cic 
Germ. Hvgin. Avien.), Hydros (Germ.), Anguis 
(Vitruv. ix. 4 ; Ov. Fast. ii. 243 ; Manil. i. 422. 
See also Serv. ad Virg. Georg. L 205 ; Hygin. 
P. A. ii. 40, iii. 39). 

9. The Cup, Kpilr-np (Arat. 448), Crater (Ger- 
man. Vitruv. MauiL i. 424), Fulgens Cratera 
(Cic), Urna (Schol. German.). 

10. The Raven or Crow, EiSoiAop /cdpoKor 
(Arat. 449), Corvus (Cic German Vitruv.), 
Pkoebo sacer ales (Manil. i. 424). 

The Cup and the Raven were represented as 
standing upon the back of the Water Snake, and 
the whole three are grouped together by Ovid 
(Fast. ii. 243) in the couplet : — 

Continuata loco tria 6idera, Corvus et Anguis, 
Et racdius Crater inter utrumque jacet. 

D.TheCentaur, Kcvravpos (Arat. 431, 436), 
'IuTroVa <pfy> (Arat. 664), Xtipwv (Eratosth.), Cen- 
trums (Cic. Vitruv. German.), Geminus Bi/urmis 
(German.), Sonipcs (German.), Duplici Centaurus 
imagine (Manil. i. 425), Chiron (German. 418, 
624). By Ptolemy he is represented with a thyr- 
sus in his hand, and these stars were, as we are 
told by Geminus, formed by llipparchus into a dis- 
tinct constellation under the name Qvpu6\oyx us - 

12. The Wolf, &riplov (Arat. 442), Beslia 
(Vitruv. ix. 4), Hostia (Hygin. P. A. ii. 38). 
This, according to Aratus (/. c.) was a wild beast 
grasped in the hand of the Centaur, but it received 
no name from the Greeks or Romans. 

13. The Altar, Qvrfyiov (Arat. 403), Am 
(Cic. German. Manil. i. 428), Apta Altaria sucris 
(685), according to Geminus and Ptolemy Ovfiia- 
ri\piov, translated Turibulum by Gennanicus and 
Vitruvius (ix. 4). The scholiast on Germanicus 
furnishes two other names, Sacrarium and Pharus. 
In the legend preserved by Manilius (L 428), it 
was the altar erected by Jove when heaven was 
invaded by the giants. 

14. The Southern Crown. Not named by 
Aratus, who merely remarks (401) that under the 
fore-feet of Sagittarius arc some stars sweeping 
round in a circle (Sivwrol ku/cAw), but to these 
Geminus and Ptolemy give the specific name of 
2T(<pat>os v6rws. In consequence of no legend 
being attached to the group, Gennanicus (388) de- 
scribes it as 

sine honorc Corona 
Ante Sagittiferi multum pernicia crura. 

(Comp. Hygin. /'. A. ii. 28. Manilius takes no 
notice of it.) Geminus has preserved two other 
names, OvpavioKos and KijpuKfiov ; the former 
Martianus Capella renders by Curlulum, the latter, 
used by llipparchus, denotes a herald's wand of 
peace. Others, according to the scholiast on Ara- 
tus, regarded it as Ixion*s whee l ('l^dyos Tpox&v). 

15. The SOUTHBEN Ki.hh, "lx^f poVior 
(Arat. 3117 ), S'ntius (Manil. i. 445 ; Hytrin. 
/'. .1. iii. 10), J'isris Anrtrtdis (Cic), J'iscis 

Aaatrimu (Vitmv. ix. 4 ; OrihpndL xi. 2). 

It appears from Kmtosthenes (38), and the 
scholiast on Grnnanicns, that it was styled also 
'lX»vs H<fai, I'iscis mugmu. 



154 ASTRONOMIA. 



ASTRONOMIA. 



Before quitting this part of our subject, we 
must add a few words on 

Coma Berenices ; Berenices Crinis. Milvus. 

1. The Hair op Berenice, TIxSkoiiios s. 
B6<rTpvx»s BcpoW/cr/j (Callim. Schol. adArat. 146), 
Coma Berenices (see Catull. lxv.) was, as we have 
seen above, formed by Conon out of certain unap- 
propriated (a/j.op<t>c»Toi) stars behind the Lion's 
Tail, in honour of Berenice, the wife of Ptolemy 
Euergetes, and afforded a theme for a compli- 
mentary elegy by Callimachus, of which we pos- 
sess a translation by Catullus. The constellation 
being unknown to Aratus, is not alluded to by his 
translators, Cicero and Germanicus, nor is it 
noticed by Manilius. When Pliny (H. N. ii. 71) 
observes " Septemtriones non cernit Troglodytice, 
et confinis iEgyptus : nec Canopum Italia, et 
quem vocant Berenices Crinem ; item quem sub 
Divo Augusto cognominavere Caesaris Thronon, 
insignes ibi Stellas," it is much more probable that 
he committed a positive blunder, than that, as 
some have supposed, he intended to indicate under 
the name of Berenices Crinem some southern sign 
to which no one else makes any allusion. 

2. We find in Ovid (Fast. ii. 793) the following 
couplet in reference to the night of the 17 th of 
March : — 

Stella Lycaoniam vergit declivis ad Arcton 
Miluus. Haec ilia nocte videnda venit, 

and in Pliny (H. N. xviii. 65. § 1), " Caesar et 
Idus Martias ferales sibi annotavit Scorpionis oc- 
casu: XV. vero Kalendas Aprilis Italiae Milvum 
ostendi : duodecimo Kalendas Equum occidere ma- 
tutino." In the first of these passages we find a 
constellation named Milvus or the Kite described 
as one of the northern signs, or at least as a sign 
visible in Italy, and the period of its rising fixed 
to the 1 7th of March. The words of Pliny, although 
more ambiguous than those of Ovid, would lead us 
to suppose that he was quoting this, as well as the 
preceding observation, from the Calendar of Caesar ; 
but the abruptness of his ordinary style is such as 
to prevent us from affirming this with certainty. 

Now no Greek and no other Roman writers 
mention any constellation bearing the above name, 
nor can we adopt the explanation of Grotius, who 
supposes that the Swan or the Eagle is indicated, 
for the rising of these signs is removed by three 
months from the period here fixed. Ideler has, in 
all probability, discovered the solution of the 
enigma. In the Parapegma of Geminus, a phae- 
nomenon described by the words '\ktTvos (paivzTai, 
i.e. Milvus apparet, is placed by Eudoxus thirteen 
days before the vernal equinox, and by Euctemon 
and Calippus respectively, eight days and one day 
before the same epoch, while Ptolemy, in his 
Qdaeis cmXavoiv, marks under the 12th ofPhame- 
noth (i. e. according to Ideler 8th March), EiSd"^ 
XeA.i8o!>j/ ical Iktlvos (paiuerai. But the IktIvos, 
rendered milvus by the Latins, was, as we are 
told by Aristotle (H. A. viii. 16), a bird of pas- 
sage, and hence the arrival of the Ikt7vos, like that 
of the swallow, took place at and served to mark a 
particular season of the year. Ovid and Pliny, 
being ignorant of this fact, and finding in the 
calendars which they consulted the words Milvus 
apparet, took it for granted, without further in- 
quiry, that Milvus was the name of a constellation; 
for when we consider the context of the naturalist, 



as well as the date, but one day later than that 
fixed by Ovid, we can scarcely doubt that he, as 
well as the poet, believed Milvus to be a " Stella." 

II. Risings and Settings op the Fixed 
Stars. 

A nation like the Greeks, whose climate per- 
mitted them to watch their flocks by night during 
a considerable part of the year, could not fail to 
remark that certain fixed stars appeared and dis- 
appeared in regular succession, as the sun passed 
through the different stages of his annual career. 
Accordingly, we find, that as early as the time of 
Hesiod, the changes of the seasons, and the more 
important operations of agriculture, were fixed with 
reference to the risings and settings of Orion, the 
Pleiades, the Hyades, Arcturus, and Sirius. Such 
observations were in the first instance extremely 
rude ; but after Thales had turned the attention 
of his countrymen to scientific astronomy, these 
celestial phenomena were determined with great 
care and accuracy : tables were drawn up in which 
the risings and settings of the more brilliant stars, 
with reference to the sun, were fully detailed, to- 
gether with such notices, touching the winds and 
weather to be expected at the different epochs, as 
experience suggested. Copies were engraved on 
stone or brass, and, being nailed or hung up in the 
market-places of large towns and other places of 
public resort, received the name of TrapairfiyfiaTa. 
Two catalogues of this description have been pre- 
served which are valuable, inasmuch as they 
frequently quote the authority of the early Greek 
astronomers, Meton, Euctemon, Eudoxus, Calippus, 
&c. for their statements. The one was drawn up 
by Geminus (fl. b. c. 80), the other by the famous 
Ptolemy (a. d. 140). In the former the risings 
and settings of the stars are fixed according to 
the passage of the sun through the signs of the 
zodiac ; in the latter they are ranged under the 
months and years of the Julian Calendar. 

The practice commenced by Hesiod was followed 
by subsequent writers upon rural economy, and 
we accordingly find numerous precepts in Virgil, 
Columella, and Pliny delivered with reference to 
the risings and settings of the stars, forming a 
complete Calendarium Rusticum. Ovid has com- 
bined the Fasti of the city with these Rural Al- 
manacs, and has thus gained an opportunity of 
enlivening his poem by recounting the various 
myths attached to the constellations. Indeed it 
would appear that Caesar, when he reconstructed 
the Fasti of Rome, included the risings and set- 
tings of the stars, since Pliny frequently quotes the 
authority of Caesar for his statements on these 
points. Tims the Fasti of Ovid may be considered 
as a commentary upon the almanac in common 
use. 

The early Grecian parapegmata were undoubt- 
edly constructed from actual observation in the 
countries where they were first exhibited, and must 
therefore have completely answered the purpose 
for which they were intended. But this does not 
by any means hold good of the corresponding 
compilations of the Romans, who, being little 
versed in astronomy themselves, copied blindly 
from others without knowledge or discrimination. 
It is necessary to attend to two facts : — 
1. The time of the risings and settings of the 
fixed stars varies for the same place at different 
epochs. Thus the Pleiades which at Rome rose 



ASTRONOMIA. 



ASTRONOMIA. 155 



along with the sun on the 1 Gth of April, b. c. 44, 
rose with the sun at Rome several day3 earlier in 
the age of Meton, and do not now rise with the 
sun at Rome until several days later. This is 
caused hy the precession of the equinoxes. 

2. The time of the risings and settings of the 
fixed stars is different on the same day in places 
whose latitude is different. Thus, in the year 
when the Pleiades rose along with the sun at 
Rome on the 16th of April, they did not rise along 
with the sun at Athens until the 22d of April. 

Too little attention was paid to these consider- 
ations by the Roman writers ; and consequently 
we not unfrequcntly discover that they combined 
the observations of astronomers who lived at times 
and places remote from them and from each other 
— that calculations made for the latitude of Athens, 
or of Rhodes, or of Alexandria, 300 years before, 
were adopted at once and transferred to their 
calendars without change or modification. 

Another source of confusion is a want of pre- 
cision in specifying the different kinds of risings 
and settings, which ought always to be most care- 
fully distinguished from each other by appropriate 
scientific terms. 

The risings and settings of the fixed stars, when 
considered with reference to the sun's place in his 
orbit, may be arranged under eight heads : — 

(a) When a star rises at sunrise. 

(4) When a star rises at sunset. 

(c) When a star sets at sunrise. 

(d) When a star sets at sunset. 

(o) When a star rises shortly before the sun so 
as to be just visible in the morning twilight as it 
ascends above the horizon before its rays arc over- 
powered by the light of the more brilliant lu- 
minary. 

( 6) When a star rises shortly after sunset so as 
to be just visible in the evening twilight as it 
ascends above the horizon. 

(7) When a star sets shortly before sunrise so 
as to be just visible in the morning twilight as it 
sinks below the horizon. 

(8) When a star sets shortly after sunset so as 
to be just visible in the evening twilight as it 
sinks below the horizon. 

The names by which these, taken in order, are 
discriminated by the Greek astronomers Oeminus 
C hagog. cap. xi.) and Ptolemy {Math. Syntax, viii. 
4) arc the following : — 

(a) 'EititoA}) itpa aA7)0iW), G. — 'E<pa avvava- 
ro\}) oATjSiiWj, P. — Ortus Matutinus Verus. True 
morning rising. 

(4) 'EiriToA)) irrirfp'ta oA.7)0iWj, G. — 'Emrfpfa 
avvavaToKT] &At,0iWj, P. — Ortus Vespertinus Verus. 
True evening rising. 

(c) Aviril .'•.'» &A.7)9i>^), Cm. — 'Eya (TvyKard- 
oWis (JAtjSiH), P. — Occasus Matutinus Verus. 
True morning setting. 

(d) A</<ris iairtpia (JAtjOiW), G. — 'Ei77r»pia 
owjKaT&tvaii d\r)0iirfi, P. — Occasus Vesprrtinus 
Verus. True evening setting. 

(o) 'EiriToXl) (if a (pcuvofifirn, G. — 'Ztya irpoava- 
ToAi) <paivofi(mi, P. — Ortus Matutinus Ap/xirens 
«. Ortus I '/e/iacus. Heliacal rising, 1. <*. First visible 
rising of a star in the morning twilight. 

(/}) 'EititoA.!) iinrtpia <patvouivy, G. — 'Eirirtpla 
/iroyoroA)) ipaivofi(vr), P. — Ortus Vesprrtinus 
A/i/xirens. Last visible rising of a star after 
sunset. 

(7) Av<rit itp a ^WO/tAnj, G. — 'E«o upilvirit 



(jjaivofieierj, P. — Occasus Matutinus Apparens. 
First visible setting of a star before sunrise. 

(5) Avais ccrtrepia <paivo/i4imt, G. — 'E<nrepfa 
iirtKardSvais <patvo/i4>n], P. — Occasus Vespertinus 
Apparens s. Occasus Heliacus. Heliacal setting, 
i. e. Last visible setting of a star in the evening 
twilight 

With regard to the above technicalities we must 
observe 

1. That Geminus (/. c.) draws a distinction be- 
tween the words avaroKr) and eiriToAi). By 
dyaTo\-fi he understands the rising of a star con- 
sidered simply with reference to its elevation above 
the horizon, which takes place once in twenty-four 
hours in consequence of the diurnal motion ; by 
iiriToKr], the rising of the star considered with re- 
ference to its distance from the sun, which depends 
upon the sun's place in the ecliptic. As to the 
settings of the stars, he would make Siais the cor- 
relative of avaToK-fi and uptyis of iwiToKr) ; but to 
this last definition he does not himself adhere, 
since he constantly employs Siais to denote the 
setting of a star, when considered with reference 
to its distance from the sun. Ptolemy, while he 
includes all the risings and settings under the 
genera] designation of 4>o<r€is a7rAaiw, endeavours 
to introduce an improved nomenclature, by vary- 
ing the preposition according as the star rises or 
sets along with (<rw), or before (TpA) or after 
(M) the sun, but pays no regard to the rule of 
Geminus with respect to avaroKi) and iirirohfi. 

2. Two terms, in addition to those set down 
above, are commonly employed by writers on 
these topics, the CosmicaL rising and setting 
(Ortus Cosmicus, Occasus C), and the Acrony- 
chal rising and setting (Ortus Acronychus, Oc- 
casus A.). 

The epithet Cosmicus, as applied to this subject, 
first occurs in a note of Servius on Virg. Georg. i. 
210, "ortus ct occasus duo sunt: unus r/Aio/«ij, 
id est, Solaris : et alter koo-uik6s, id est, mundunus : 
unde fit ut ca Bigna quae cum sole oriuntur a nobis 
non possint videri ; et ea, quae videmus, quantum 
ad solis rationem pcrtinct, videantur occiderc." 
Modem astronomers have for the most part (see 
Pctavius, Varr. Diss. p. 3, cd. 1630) adopted the 
phrase Ortus Cosmicus to indicate the rising marked 
(a), that is, the Ortus Matutinus Verus, and Oc- 
casus Cosmicus to indicate the setting marked (c), 
that is, the Occasus Matutinus Vcrus, but Ideler 
(I/istorise/ie (,'>itersurhungen,&.c. p. 31 1), while he 
interprets Ortus Cosmicus in the sense usually re- 
ceived, applies Occasus Cosmicus to the setting 
marked (7), that is, to the Occasus Matutinus 
Apparens. 

Again, the epithet dxpoVuxov appears to be 
first used by Theophrastus (De Signis J'tur. et Vent. 
cap. i. § 2) where dvaroKal dupivvxoi are alone 
mentioned, and are distinctly explained to mean 
the rising of a star at sunset, that is, the Ortus 
Vespcrtinus Verus marked (4), and in this sense 
the phrase Ortus Acrnni/rhus is found in the trea- 
tises of Pctavius and others who employ also the 
expression Occasus Acronychus to indicate the set- 
ting marked ('/), that is, the Occasus Vesprrtinus 
Verus. Ideler conctirs in the latter, but interprets 
Ortus Acronychus to mean the rising marked (3), 
that is, the Ortus Vrsjrrtiiius Apparens. This view 
is certainly at variance with the words of Theo- 
phrastus, which are quite explicit and nre cor- 
roborated by Julius Finnicus (ii. 11) ; but on the 



15C ASTRONOMIA. 



ASTRONOMIA. 



other hand in the Parapegma of Geminus, in the 
observations ascribed to Eudoxus, a.Kp6vvxos is 
the general term applied to all evening settings, and 
most of these unquestionably refer to the apparent 
phenomena. Euctemon again makes use of <=<r7re- 
p'ws to express the same meaning. The words 
'ApKTovpos &Kp6vvxos irpui'ias Sweet under Scorpius 
d. 8. are probably corrupt. 

Under these circumstances to prevent all con- 
fusion or ambiguity, we have altogether passed over 
the terms Cosmicus and Acronychus in our table, 
but have retained Heliacus, which, like Cosmicus, 
first occurs in the passage quoted from Servius, 
but is applied uniformly by subsequent writers to 
the phenomenon marked (a) and (8), and to no 
others. 

3. Pliny (H. N. xviii. 25) proposes to desig- 
nate by Emersus, what we have called the He- 
liacal Rising (a), because the star then for the 
first time emerges from the sun's rays, and by 
Occultatio, what we have called the Heliacal Setting 
(5), because this is the last appearance of the star, 
which is forthwith obscured by the sun's rays, but 
these terms do not appear to have been ever gene- 
rally received. 

4. It is manifest that of the eight phenomena, 
named above, the first four are purely matters of 
calculation, since the true risings and settings never 
can be visible to the naked eye. These then 
ought always to have been, and for some time al- 
ways were, excluded from rural calendars intended 
for the use of practical men. We find, however, 
from the fragments of Calippus, preserved in the 
Parapegma of Geminus, when verified by compu- 
tation, that this astronomer had substituted the 
true risings and settings for the apparent risings 
and settings, which were there marked in the tables 
of Euctemon, Meton and Eudoxus. Hence, great 
caution would become indispensable in quoting 
from different authorities, or in advancing an ori- 
ginal statement. If the rising of a star was named, 
it would be necessary not only to specify whether 
it was the morning or the evening rising, but also 
whether the true or the apparent rising was indi- 
cated, and to proceed in like manner for the setting 
of a star. Now and then we find in Columella and 
Pliny some attempt to preserve accuracy in one or 
other of these essential points, as when the latter ob- 
serves (xviii. 74) : " Pridie Kalendas (Nov.) Caesari 
Arcturus occidit et Suculae exoriuntur cum sole ; " 
"XVI. Kal.Octob.iEgypto Spica,quam tenet Virgo, 
exoritur matutino, Etesiaeque desinunt. Hoc idem 
Caesari XIV. Kalendas XIII. Assyriae signifi- 
cant;" and even in Virgil, as when he defines 
the morning setting of the Pleiads : " Ante tibi 
Eoae Atlantides abscondantur ; " but for the most 
part both in prose writers and in poets, every- 
thing is vague and unsatisfactory ; risings and 
settings of all descriptions, calculated for different 
epochs and for different latitudes, are thrown to- 
gether at random. In order to substantiate these 
charges, we may examine the statements contained 
in Columella, Ovid, and Pliny with regard to Lyra, 
a constellation to which considerable importance 
was attached by the Romans, since the beginning 
of Autumn in the calendar of Caesar was marked 
by its (true) morning setting. It will suit our 
purpose particularly well, because from its limited 
extent every portion of the constellation became 
visible, within two or three days after the appear- 
ance of the first star ; and hence no ambiguity 



could arise from the heliacal risings of the extreme 
portions being separated by an interval of some 
weeks, as was the case with Orion and others 
stretching over a large space in the heavens, in 
treating of which it became necessary to specify 
particular portions of the figure, as when we read 
" Orionis humerus oritur ; " " Gladius Orionis oc- 
cidere incipit ; " Orion totus oritur," and so forth. 
In the following quotations, the words Fidis and 
Fidicula seem to be absolutely synonymous, there 
being no reason to believe that the latter was ap- 
plied exclusively to the peculiarly bright star which 
in the catalogues of modern astronomers is a Lyrae i 
the 6 Aafiirpbs tt/s Xvpas of Ptolemy, although to 
this in all probability most of the observations were 
directed. We shall set down in regular order 
first the settings and then the risings. 

Settings of Lyra. 

(1.) Pridie Id. Aug. (12 August) Fidis occidit 
mane et Auctumnus incipit. Col. xi. 2. § 57. 

According to Pliny (xviii. 59), the setting of 
Fidicula {Fidiculae occasus) marked the commence- 
ment of autumn, and took place on the forty-sixth 
day after the solstice, that is, on the 8th of August, 
if we include, according to the Roman method of 
computation, the 24th of June, the day from which 
he reckoned. In a subsequent chapter (68. § 2) he 
states that the phenomenon in question took place, 
according to the Calendar of Caesar, on the 11th of 
August, but that more accurate observations had 
fixed it to the 8th, and this he soon after repeats 
(69. §4). 

(2.) XIII. Kal. Sept. (i. e. 20 August) Sol in 
Virginem transitum facit . . . hoc eodem die Fidis 
occidit. — X. Kal. Sept. (23 August) ex eodem 
sidere tempestas plerumque oritur et pluvia. Co- 
lumell. xi. 2. § 58. 

(3.) XI. Kal. Feb. (22d January) Fidicula Ves- 
pere occidit, dies pluvius. Columell. x. 2. § 5. 

Ovid places the Sv?wing on 23rd of January. 

Fulgebit toto jam Lyra nulla polo. Fast. i. 653. 

(4.) III. Kal. Feb. (30 January) Fidicula oc- 
cidit. Columell. xi. 2. § 6. 

(5.) Kal. Feb. (1 February) Fidis incipit oc- 
cidere. Ventus Eurinus et interdum Auster cum 
grandine est. Columell. xi. 2. § 14. 

III. Non. Febr. (3rd February) Fidis tota oc- 
cidit. Columell. Ibid. 

Ovid, without alluding to what he had said be- 
fore, remarks on the 2nd of February (Fast. 
ii.73): 

Ilia nocte aliquis tollens ad sidera vultum, 
Dicet, ubi est hodie, quae Lyra fulsit heri ? 

Pliny has (xviii. 64) " Et pridie Nonas Febru- 
arias (4th February) Fidicula vesperi (sc. occidit). 

Risings of Lyra. 

(6.) IX. Kal. Mai. (23rd April) prima nocte 
Fidicula apparet, tempestatem significat- Columell. 
xi. 2. § 37. 

VI. Kal. Mai. (26th April) Basotiae et Atticae 
Canis Vesperi occultatur, Fidicula mane oritur. 
Plin. xviii. 66. § 1. 

(7.) Ovid (Fast. v. 415) names the 5th of May 
as the day on which Lyra rises. 

(8.) III. Id. Mai. (13th May) Fidis mane ex- 
oritur, significat tempestatem. Columell. xi. 2. § 40. 



A3TR0X0MIA. 



ASTROXOMIA. 



157 



III. Id. Mai. Fidicnlae exortus. PUn. xriii. 67- 
§3. 

Id. Mai. (15th May) Fidk mane exoritur. 
ColumeU. xi. 2. § 43. 

(9.) III. Non. Novemb. (3rd November) Fi- 
dicula mane exoritur, hicmat et pluit. Columell. 
xi. 2. § 84. 

(10.) VIII. Id. Novemb. (6th November) idem 
sidus torum exoritur, Auster vel Favonius, hiemat 
ColumeU. Ibid. 

(11.) XVI. Kal. Dec. (ICth November) Fidis 
exoritur mane, Auster, interdum Aquilo magnus. 
ColumeU. xi. 2. § 88. 

(12.) Non. Januar. (5th January) Fidis ex- 
oritur mane : tcmpestas varia. ColumeU. xi. 2. 
§97. 

Institerint Nonae, mis-is tibi nubibus atris, 
Signa dabunt imbres exoriente Lvra, 

Ovid. Fast. L 315. 

Pridie Nonas Januarias (4th January) Caesari 
Delphinus matutino exoritur ct postero die Fi- 
dicula. PUn. xviii. 64. 

The total disregard of precision in the phraseo- 
logy employed in describing the above appearances 
is evident in almost every assertion, but the con- 
fusion may be considered to have reached a climax 
when we read the words " Fidis (or Fidicula) ex- 
oritur mane," used without variation or explanation 
to denote a phenomenon assigned to the 26th of 
April, the 3d and 15th of May, the 3d and 16th 
of November. By examining each paragraph 
separately, we shall be still more fully convinced 
of the carelessness and ignorance displayed. 

(1.) The true morning setting of Lucida Lyrae 
took place at Rome in the age of Caesar, on the 
12th or 13th of August, and therefore the Calendar 
of Caesar here followed by Columella was more ac- 
curate than the authorities quoted by Pliny, unless 
these referred to a different latitude. Remark, 
however, that no hint is dropped by either to in- 
dicate that the true, and not the ajiparenl morning 
letting is meant ; and it ought to be home in mind 
that the latter happened, at the epoch in question, 
on that very day at Alexandria. In the Para- 
pegma of Geminus also, we find, under 11th of 
August ( 1 7 Leo), ZtiKriiiiovi Kvpa luirai. 

(1.) This must be the apjxirent morning setting 
which took place at Rome on 24th of August for 
the Julian epoch. 

(3.) The true evening setting, calculated for 
Alexandria at the same epoch, took place on 23d 
of January, the very day named by Ovid. 

(4.) This is the heliacal setting, which, for 
Lucida Lyrae, took place at Rome on 28th of 
January. 

(5.) These notices seem to be borrowed from 
old Ureek calendars. Eudoxus, as quoted by Ge- 
minus, assigns the evening (drtpoVuxo* ) setting of 
Lyra to the 11th degree of Aquarius, that is, the 
4th of February according to the Julian calendar. 

It will be seen that the three last paragraphs 
(3.), (4.), (5.), without any change of expression, 
spread the setting of Lyra over a space extending 
from 23d of January to 4th February, the ap- 
parent and true settings for Rome being on the 
28th January and 9th February respectively. 

(6.) The apparent evening rining, which srems 
clearly pointed out by the words of Columella, 
took place at Rome for the Julian era on 14th of 
April, at Alexandria on 26th of April : the true 



evening rising at Rome on 22d April, and to this, 
therefore, the statement of Columella, from what- 
ever source derived, must, if accurate, apply. 
Pliny has here fallen into a palpable blunder, and 
has written mane for vesperi. In fact he has 
copied, perhaps at second hand, the observation of 
Eudoxus with regard to the Lyre and Dog (see 
Parapeg. of Gem.), except that he has inserted the 
word inane where the Greek astronomer simply 
says \vpa eiriTf'AAei. 

(7.) This will agree tolerably well with the 
true evening rising a't Alexandria for the Julian 
era, but is twenty-one days too late for the appa- 
rent evening setting at Rome, and thirteen days too 
late for the true evening setting. 

(8.) Here all is error. We must manifestly 
substitute respere for mane in both passages of 
Columella ; but even thus the observation will 
not give anything like a close approximation to any 
rising of Lyra either at Rome or Alexandria in the 
Julian age. 

(9.) Copied verbatim along with the accom- 
panying prognostic of the weather, from the Para- 
pegma of Geminus, where it is ascribed to Euc- 
temon. The day, however, corresponds closely 
with the heliacal rising, which took place at Rome 
on 5th of November. 

(10.) Copied along with the prognostic "hie- 
mat " (ko2 6 dr)p x e 'M f P' 0S 7" / 6toi as ftrl ra 
iroWa) from the same compilation where it is as- 
cribed to Democritus, who fixed upon this day for 
the true morning rising (Xupa &ri&aAAei apa T}Xla 
avitrxowi). At Rome this rising fell upon 23d 
of October. 

(11.) Copied again from the same source, where 
it is ascribed to Eudoxus. Here the observation can 
in no way be stretched so as to apply to Rome. 

(12.) This, like the last, can in no way be made 
applicable to Rome ; but the heliacal setting at 
Alexandria took place, for that epoch, about four 
days later, on the 9th or 10th of January. 

Having now pointed out the difficulties which 
the student must expect to encounter in prosecuting 
his inquiries in this department, we proceed briefly 
to examine the most remarkable passages in the 
classical writers, where particular periods of the 
year are defined by referring to the risings and 
settings of the stars. We begin with the most 
important, — the Pleiades, Arcturus, and Sirius, 
which we shall discuss fully, and then add a few 
words upon others of less note. 

The Pleiades. 

Hesioo. — Hesiod indicates the period of har- 
vest by the rising of the Atlas-born Pleiads (Erg. 
384) after they had remained concealed for forty 
days and forty nights. Now in the nge of Hesiod 
(n. 0. 800), the heliacal rising of the Pleiads took 
place at Athens, according to the computation of 
Idcler, on the 19th of May of the Julian Calendar, 
which is just the season when the wheat crop 
comes to maturity in that climate. Again (I.e.), 
he indicates the commencement of the ploughing- 
aeason, and the close of the season for navigating, 
by the morning setting of the Pleiads, which in 
that age and latitude fell about the third of the 
Julian November. In these and all other passages 
where Hesiod speaks of the risings and settings of 
the stars, we must unquestionably assume that he 
refers to the ap|>arent phenomena. Indeed it is 
by no means improbable that the precepts which 



158 ASTRONOMIA. 



ASTRONOMIA. 



he inculcates may lie the result of the personal ob- 
servations of himself and his contemporaries. 

Vab.ro, Columella, Pliny. — Morning Ris- 
ing. — (I.) Varro, where he describes the distribu- 
tion of the year into eight divisions, according to 
the calendar of Caesar, states that there was a 
space of forty-six days from the vernal equinox 
(25th March) to the rising of the Pleiades ( Vergi- 
liarum exortum), which is thus fixed to the 8th or 
9th of May. (R. R. i. 28.) 

(2.) Pliny (xviii. 66. § 1) names the 10th of 
May. 

Columella has three distinct notices (R. R. xi. 
2. §§ 36, 39). 

(3.) X. Kal. Mai. (22d April) Vergiliae cum 
sole oriuntur. 

(4.) NonisMaiis (7th May) Vergiliae exonuntur 
mane. 

(5.) VI. Tdus sc. Mai (10th May). Vergiliae 
totae apparent ; and this last corresponds with his 
assertion elsewhere, that the phenomenon takes 
place forty-eight days after the vernal equinox 
(ix. 14. § 4). 

Now the true morning rising of the Pleiads 
took place at Rome in the age of the above 
writers, who are all embraced within the limits of 
a century, about the 16th of April, the apparent 
or heliacal rising about the 28th of May. Hence, 
not one of the above statements is accurate. But 
(1) (2) (4) (5) approach closely to the observ- 
ation of Euctemon (b. c. 430), according to whom 
the Pleiad rises on the 13th of Taurus (8th of 
May), and (3), which expressly refers to the true 
rising, although inapplicable to Rome, will suit the 
latitude of Athens for the epoch in question. 

Morning Setting. — (1.) Varro places the setting 
of the Pleiades ( Vergiliarum occasum) forty-five 
days after the autumnal equinox (24th Sept.), that 
is, on the 6th or 7th of November (R. R. i. 28). 

(2.) Pliny names the 11th of November (xviii. 
60, 74 ; the text in c. 59 is corrupt). 

Columella, as before, has a succession of notices. 

(3.) XIII. et XII. Kal. Nov. (20th and 21st 
Oct.) Solis eocortu Vergiliae incipiunt occidere. 

(4.) V. Kal. Nov. (28th Oct.) Vergiliae occi- 
dunt. 

(5.) VI. Id. Nov. (8th Nov.) Virgiliae mane 
occidunt. 

(6.) IV. Id. Nov. (10th Nov.) hiemis initium. 

These are all taken from his calendar in xi. 2 ; 
but in ix. 14. § 11, " Ab aequinoctio . ... ad Ver- 
giliarum occasum diebus XL." i. e. 2d or 3d of 
November. Compare ii. 8. § 1. 

Now the true morning setting of the Pleiads 
took place for Rome at that epoch on the 29th of 
October, the apparent morning setting on the 9th 
of November. Hence, it appears that (5) may be 
regarded as an accurate determination of the ap- 
parent morning setting, and that (1) and (2) ap- 
proach nearly to the truth, especially when we 
bear in mind that variations to the extent of two 
or even three days must be allowed in regard to 
a phenomenon which depends in some degree on 
the state of the atmosphere. We perceive also 
that (4) is correct for the true morning setting, 
while (3), which is inapplicable to Rome, cor- 
responds to the horizon of Athens in the time of 
Meton. In the passage from Colum. ix. 14, we 
ought probably to adopt the conjecture of Pon- 
tedera, and read xliv. for xl. 

Evening Setting andEvening Rising. — The even- 



ing setting of the Pleiades took place, according to 
Columella, on the 6th of April ( VIII. Idus Aprilis 
Vergiliae Vespere celaniur) ; according to the ca- 
lendar of Caesar on the 5th. (Colum. xi. 2. § 34 ; 
Plin. H. N. xviii. 66.) These statements are not 
far from the truth, since the apparent evening set- 
ting took place at Rome for the Julian epoch on 
the 8th of April. The apparent evening rising 
belonged to the 25th of September. 

Virgil. — Virgil (Georg. i. 221) enjoins the 
husbandman not to sow his wheat until after the 
morning setting of the Pleiades : — 

Ante tibi Eoae Atlantides abscondantur 
Gnosiaque ardentis decedat Stella Coronae 
Debita quam sulcis committas semina. 

Hesiod, as we have seen above, fixes the com- 
mencement of the ploughing season, without making 
any distinction as to the particular crop desired, 
by the (apparent) morning setting of the Pleiades, 
that is, for his age, the beginning of November. 
But it is impossible to tell whether Virgil intended 
merely to repeat this precept or had in his eye the 
calendar of Caesar or some similar compilation. 
Columella (ii. 8. § 1), in commenting upon these 
lines, understands him to mean the true morning 
setting, which, he says, takes place thirty-two days 
after the equinox, that is, on the 25th or 26th of 
October, a calculation not far from the truth, since 
we have pointed out above that the 28th was the 
real day. 

There is another passage where both the rising 
and the setting of the Pleiades are mentioned in 
connection with the two periods of the honey har- 
vest. (Georg. iv. 231) 

Bis gravidos cogunt foetus, duo tempora messis, 
Taygete simul os terris ostendit honestum 
Pleias et oceani spretos pede repulit amnes. 
Aut eadem sidus fugiens ubi Piscis aquosi 
Tristior hybernas coelo descendit in undas. 

Here, again, there is nothing in the context by 
which we can ascertain the precise periods which 
the poet desired to define, we can only make a 
guess by comparing his injunction with those of 
others. Columella (xi. 2) recommends that the 
combs should be cut, if full, about the 22nd of 
April ; but, since he adds that if they are not full 
the operation ought to be deferred, the matter is 
left quite indefinite. Now, the words of Virgil 
seem clearly to point to the heliacal rising which 
took place in his time at Rome about the 28th of 
May, more than five weeks after the day given by 
Columella. In like manner the last-named writer 
advises (xi. 2. § 57) that the autumnal collection 
of honey should be put off until the month of 
October, although others were in the habit of be- 
ginning earlier. The true morning setting was, as 
already stated, on the 28th of October, the ap- 
parent on the 9th of November. 

As to the expression " sidus fugiens ubi Piscis 
aquosi," it will be sufficient to observe that al- 
though the " Piscis " in question has been vari- 
ously supposed to be — one of the fishes in the 
zodiac — the Southern Fish — the Hydra — the 
Dolphin — or even the Scorpion, no one has yet 
succeeded in proposing a reasonable or intelligible 
interpretation, which can be reconciled with any 
delineation of the heavens with which we are 
acquainted. 

Ovid. — We are told in the Fasti (iv. 165) 



ASTRONOMIA. 



ASTRONOMIA. 



159 



that at daybreak on the morning which follows the 
1st of April : — 

Pleiades incipiunt humeros relevare paternos 
Quae septem dici, sex tamen esse solent. 

According to the legend, the Pleiades were the 
daughters of Atlas, who supported the heavens on 
his shoulders, and hence, when they disappeared 
from the sky, they might be said to remove a 
portion of their father's burden " humeros relevare 
paternos." The apparent morning setting is there- 
fore clearly denoted! But this took place at Rome 
on the 9th of November, while, on the other hand, 
the apparent evening (or heliacal) setting full upon 
the 8th of April, only six days after the date men- 
tioned. Hence, the poet blundered between the 
morning setting and the evening setting, which are 
many months apart 

Again (v. 599), the Pleiades are said to rise 
visibly in the morning on May 14th, marking the 
end of spring and the beginning of summer. Now 
the heliacal rising of the Pleiades did not take 
place at Rome when Ovid wrote until May 28th ; 
but the phenomenon in question took place at 
Athens on May 1 6th in the age of Meton. Hence 
thia observation was evidently copied from a Greek 
calendar computed for the fifth century b. c. 

Arctcrus. 

Considerable difficulty arises in the discussion of 
the passages which refer to Arctums, from the cir- 
cumstance that this name is sometimes applied 
generally to the whole of the wide-spreading con- 
stellation of Bootes, and sometimes confined to the 
bright star in the knee of the figure. 

Homer. — Homer (Od. v. 29) speaks of Arc- 
tums as tyt Svovra, because the apparent evening 
or heliacal setting took place late in the year when 
winter was nigh at hand, and hence the phrase 
vukt(s in' 'ApKTovpy for long nights. (See Arat. 
585.) Another explanation of the phrase has been 
given above when discussing the constellation 
Bootes. 

IIesioo. — Hesiod {Erg. S64) dates the com- 
mencement of Spring from the evening rising of 
Arcturus (iniriKAtrai aKpoKvttpcuos) sixty days 
after the solstice. Now the apparent evening rising 
for the age and country of Hesiod fell upon the 
24th of February, therefore his statement is correct 
in round numbers. 

Again, in the same poem (G59) he marks the 
period of the vintage by the morning (heliacal) 
rising of Arctums, which, according to Ideler, fell 
in that age on the 1 8th of September. 

Columella, Pliny. — Morning Riling. Colu- 
mella (ix. 14. § 10) places the rising of Arctums 
about fifty days after the rising of Canicula ; and 
since the heliacal rising of the latter fell on the 
2d of August at Rome in the .Julian era, and of the 
former on the 21st of September, the computation 
is exact. 

l'liny (xviii. 74), Arcturus rero mrdius pridie 
Idus (sc. Scptembr. oritur), i.e. 12th of September, 
where the middle portion of the whole constellation 
is indicated, and the observation is very accurate. 

Morm*g Setting. — (1.) XI. el X. Knl. Jun. 
(22d and 2.'!d May) Arcturus mane occidit. Col. 
xi. 2. § 43. 

(2.) VII, Id. Jun. (9th June) Arcturus occidit. 
Id. § 45. 



(3.) Pliny (xviii 67. § 3) ascribes the Arcturi 
occasus matutinus to V. Id. Mai, i.e. 11th May. 

(4.) Again, in the same section we find that 
Arcturus matutino occidil on the 8th of June. 

Now the true morning setting of Arcturus for 
Rome at this epoch belongs to 28th of May, the 
apparent morning setting to 10th of June. 

But (1) seems to be copied from the observation 
of Euctemon in the Parapegma of Geminus ; (2) is a 
close approximation to the apparent morning setting 
for Rome ; (3) is altogether erroneous, and must 
be a true morning setting extracted from some old 
Greek calendar ; (4) corresponds with (2), and is 
nearly correct. 

Evening Rising. — (1.) IX. Kal. Mart. (21st 
Feb.) Arcturus prima node oritur. Col. xi. 2. § 21. 

(2.) Ortus Arcturi qui est ab Idibus Februuriis 
(13th Feb.). Col. ix. 14. 

(3.) VIII. Kal. Mart. (22d Feb.) htrundmis 
visu et postero die (23d Feb.) Arcturi exortu ves- 
pertino. Plin. //. N. xviii. 65. 

Now the apparent evening rising of Arcturus 
took place for Rome at the Julian epoch on the 
27th of February, the true evening rising on the 
6th of March. But since it is evident from (2) 
that Columella here employed Arcturus to denote 
not merely the star properly so called, but the 
whole figure of Bootes, a latitude of several days 
must be allowed in the case of this as of all the 
larger constellations. See below the remarks on 
Ov. Fast. ii. 153. We may remark, however, that 
21st — 23d of February will answer for the appa- 
rent evening rising of the star Arcturus at Athens 
in the age of Meton. 

Evening Setting. — IV. Kal Nov. (29th Oct.) 
Arcturus respere occidit, ventosus dies. Col. xi. 2. 
§ 78. 

This is taken verbatim from an observation of 
Euctemon quoted in the Parapegma of Geminus. 
The heliacal setting for Rome was a few days 
later, about the 4th of November. But the ob- 
servation of Euctemon is not accurate for the lati- 
tude of Athens in his own age, for the phenomenon 
ought to have been placed about five days earlier, 
which proves, as Pfflff remarks, that the Greek 
astronomers are not always to be depended upon in 
these matters. 

We find in Pliny (xviii. C8. § 2), VIII. Id. 
Aug. (6th August) Arcturus medius occidit. This 
is so far removed from any setting of the star in 
question that Ilarduin pronounces the text corrupt, 
and substitutes VII. Id. Aug. Aquarius occidit me- 
dius, while Pfaff endeavours to refer the expression 
to the culmination, an explanation which is both 
in itself forced and completely at variance with the 
ordinary usage of Pliny. 

Again, Pliny (xviii. § 74), Pridit Knlrndas 
(Nov.) Cucsari Arcturus occidit, i.e. 31st of Oc- 
tober, and a few lines farther on IV. A'wra Arc- 
turns occidit vesperL The lntter is not far from 
the truth ; the former, unless it refers to the con- 
stellation in general, must have been borrowed 
from a foreign source. 

Virgil. — Virgil {Qoorg. i. 229) instructs the 
husbandman to sow vetches, kidney brans and leu- 
tiles, when Bootes sets, by which he probably 
intends to indicate the heliacal setting of ArctDIUI 
on the 4th of November. In like manner l'liny 
(xviii. 1 5. S 21 ) orders the vetch to be sown about 
tin- m ttiiig of Arcturus, tin- kidney beau at the 
setting of Bootes (xviii. 21), the lentile in the 



160 ASTRONOMIA. 



ASTRONOMIA. 



month of November (xviii. 12). Columella assigns 
the sowing of vetches and kidney beans, and Palla- 
dius of kidney beans to the month of October ; if 
the end of the month is meant, then the precept 
may be considered as identical with those of Virgil 
and Pliny ; if the middle of the month is intended, 
this will correspond with the heliacal setting of 
Arcturus for the latitude of Alexandria. 

Again, in Georg. i. 67. when treating of plough- 
ing, the words 

At si non fuerit tellus fecunda, sub ipsum 
Arcturum tenui sat erit suspendere sulco, 

refer to the morning rising. The true morning 
rising was on the 8th of September, the apparent 
on the 21st. The former agrees best with the di- 
rections given by Columella (ii. 4. § 1 1 ) for the 
ploughing of very light land, " graciles clivi non 
sunt aestate arandi, sed circa Septembres Kalendas," 
and a little lower down, when treating of the same 
kind of soil, " itaque optime inter Kalendas et Idus 
Septembres aratur et subinde iteratur/' 

Ovid. — In the second book of the Fasti (153) 
we read, 

Tertia nox veniat: custodem protinus Ursae 
Adspicies geminos exseruisse pedes, 

that is, the constellation Arcturus displays both his 
feet on the 11th of February, where it ought to 
be observed that from the posture in which Bootes 
rises his two legs appear above the horizon nearly 
at the same time. The apparent evening rising 
of the star Arcturus took place at Rome, on 27th 
February, the true evening rising on the 6th of 
March ; but the calendar to which Ovid was in- 
debted probably recorded the appearance of the first 
star in the figure which became visible. 

In three passages, the morning setting is clearly 
described (Fast. iii. 403, v. 733, vi. 235). In the 
first, it is placed on 4th or 5th of March, according 
as we adopt the reading quartae or quintae ; in the 
second, on the 26th of May ; in the third, on the 
7th of June. Now there is no doubt that the 
setting of Bootes is spread over a considerable pe- 
riod ; and hence, the epithet piger, applied to him 
here and elsewhere, but in no way could it be made 
to occupy three months. The star Arcturus is one 
of the first which sets in this constellation: its true 
morning setting took place on 28th May, its ap- 
parent morning setting on 10th June ; thus the 
second and third of the above passages will apply 
to these two. In the first passage he has erroneously 
substituted the apparent morning setting for the 
true evening rising, which really took place, as we 
have seen, on the 6th of March. 

Sirius. Canis. Canicula. 

Homer. Hesiod. ■ — ■ Homer (II. v. 5, xxii. 25) 
alludes to Sirius as the star of ow&pa, that is, of the 
hottest portion of summer, as will be explained 
more fully below in treating of the ancient divi- 
sion of the year into seasons. The heliacal rising 
of Sirius in Southern Greece would take place in 
the age of Homer about the middle of July. 

The culmination of Sirius spoken of by Hesiod 
(Erg. 60.9), as marking along with the morning 
rising of Arcturus the period of the vintage, would 
take place in that age about the 20th of September. 
The passage (Erg. 417), where Sei'pios dtrrrip is 
supposed to denote the sun, has been already noticed. 
See above p. 152, b. 



Varro, Columella, Pliny. — Morning Rising. 
— (1.) Varro, following the calendar of Caesar, 
reckons an interval of twenty-four days from the 
summer solstice to the rising of Sirius (ad Caniculae 
signum) which, according to this calculation, would 
fall on the 17th or 18th of July (R. R. i. 28.) 

(2.) Columella (xi. 2. § 53) fixes upon the 26th 
of July ( VII. Kal. Aug. Canicula apparet), and in 
another passage (ix. 15. § 5) makes the interval 
between the solstice and the rising of Sirius about 
thirty days (peracto solstitio usque ad ortum Cani- 
culae, qui fere dies triginta sunt), that is, on the 
24th of July. 

(3.) Pliny (xviii. 38. § 2), says, that the epoch 
" quod canis ortum vocamus " corresponded with the 
entrance of the sun into Leo, that is, according to 
the Julian calendar, which he professes to follow, 
the 24th of July. 

(4.) In the very next clause he says, that it fell 
twenty-three days after the solstice, that is, on the 
17th of July. 

(5.) And a little farther on (§ 4), he refers the 
same event specifically to the 17th of July (XVI. 
Kal. Aug.). 

(6.) Finally, in a different part of his work (xi. 
14), he places the rising of Sirius thirty days after 
the solstice : ipso Sirio explendescente post solstitium 
diebus tricenis fere, a passage in which it will be 
seen upon referring to the original, that he must 
have been consulting Greek authorities, and in 
which the words necessarily imply a visible rising 
of the star. 

The whole of the above statements may be re- 
duced to two. In (1), (4), (5), the rising of Sirius 
is placed on the 17th or 18th of July, twenty -three 
days after the solstice, in (2), (3), (6), about thirty 
days after the solstice ; that is, 24th — 26th of July. 

Now the true morning rising of Sirius for Rome 
at the Julian era fell upon the 19th of July, the 
apparent morning or heliacal rising on the 2d of 
August, thirty-eight or thirty-nine days after the 
solstice. 

Hence (1), (4), (5), are close approximations to 
the truth, while (2), (3), (6) are inapplicable to 
Rome, and borrowed from computations adapted to 
the horizon of Southern Greece. 

Some words in Pliny deserve particular notice : 
" XVI. Kal. Aug. Assyriae Procyon exoritur ; dein 
postridie fere ubique, confessum inter omnes sidus 
indicans, quod canis ortum vocamus, sole partem 
primam Leonis ingresso. Hoc fit post solstitium 
XXIII. die. Sentiunt id maria, et terrae, multae 
vero et ferae, ut suis locis diximus. Neque est 
minor ei veneratio quam descriptis in deos stellis." 
Although the expressions employed here are far 
from being distinct, they lead us to infer that 
certain remarkable periods in the year were from 
habit and superstition so indissolubly connected 
in the public mind with certain astronomical phe- 
nomena, that even after the periods in question 
had ceased to correspond with the phenomena, no 
change was introduced into the established phra- 
seology. Thus the period of most intense heat, 
which at one time coincided with the heliacal rising 
of Sirius, would continue to be distinguished in the 
language of the people, and in almanacs intended 
for general use, as the Canis Exortus, long after 
the two epochs were removed to a distance from 
each other, just as among ourselves the term dog- 
days having once obtained a firm footing, is used 
and probably will continue to be used for centuries 



ASTROXOMIA. 



ASTROXOMIA. 



J61 



without the slightest regard to the actual position 
of the constellation at the time in question. An 
example still more striking, because it involves an 
anomaly universally recognised by scientific men, 
is the practice of denominating the position of the 
sun at the vernal equinox, as the first point of Aries, 
although two thousand years have elapsed since 
the intersection of the ecliptic with the equator 
corresponded with the commencement of the con- 
stellation Aries. A necessity has thus arisen of 
drawing a distinction, which proves most em- 
barrassing to the unlearned, between the signs of 
the zodiac and the constellations of the zodiac, 
and thus the sun is said to be in the sign Aries 
while he is actually traversing the constellation of 
Pisces, and enters the sign Taurus long before he 
quits the constellation Aries. Now something of 
this sort may to a certain extent explain some of 
the anomalies which recur so perpetually in the 
calendar of Columella or Pliny. Certain remark- 
able appearances fixed upon at a very early period 
to mark the approach of summer and winter, such 
as the rising and setting of the Pleiades, may 
have by custom or tradition become so com- 
pletely identified in the minds of the people with 
particular days, that the compilers of calendars in- 
tended for general use, while they desired to re- 
gister accurate observations, were compelled at the 
same time to include those which, belonging to 
remote ages and foreign lands, had nevertheless 
acquired a prescriptive claim to attention. We 
may thus account for inconsistencies so numerous 
and glaring, that they could scarcely have been al- 
together overlooked by the writers in whose works 
they occur, although it is impossible to forgive 
their carelessness in withholding the nec^sary ex- 
planations, or the gross ignorance which they so 
often manifest 

Evening Setting. Columella places the evening 
setting of the Dog on the 30th of April (Prid. 
Kid. Mai. Canis se Vespere celat), xi. 2. § 37. 
Pliny on the "28th (IV. Kal. Mai. Canis occidit, 
stilus et per se vehement ct cat praeoccidere Canicu- 
lain necesse sit), xviii. 69. 

The heliacal setting at Rome for the Julian 
era was on the 1st of May, which proves the above 
statements to be nearly correct The expression cui 
praemeidere t'anieulum wee.se sit has been already 
commented on. See above, p. 1.53, a. 

Morning Siiting. Evening /Using. — (1). VII. 
Kal. Dec. (2.5 Nov.) Canicula occidit solis ortu. Col. 
xi. 2. § 89. 

(2.) ///. Kal. Jan. (30 Dec.) Canicula vesperc 
occidit. Ibid. § 94. 

(3.) ///. Kal Jan. (30 Dec.) Matulino canis 
occidens. Plin. xviii. 64. 

(1 ) is accurate for the apparent morning setting 
at Rome, n. c. 44. 

(2) and (3) are directly at variance with each 
other, and are both blunders. The apparent even- 
ing rising took place at Rome on the 30th of De- 
cember, not the evening setting as Columella would 
have it, nor the morning setting as Pliny has re- 
corded. 

Virgil. — Virgil instructs the farmer to sow 
beans, lucerne, and millet: — 

Candidus oumtis aperit rum comibus annum 
Taurus et ad verso cedens Canis occidit astro. 

Gcorg. i. 217. 

The sun entered Taurus, according to the Julian 



calendar, on the 24th of April : the heliacal setting 
of Sirius was on the 1st of May, six days after- 
wards. Many interpretations have been proposed 
for the words "ad verso cedens Canis occidit astro;" 
of these the most plausible is that which explains 
them with reference to the form and attitude under 
which the constellation of the Dog was depicted, 
which made him set backwards facing the signs 
which follow. 

Again, in Georg. iv. 425, we find 

Jam rapidus torrens sitientcs Sirius Indos 
Ardebat coelo et medium sol igneus orbem 
Hauserat, 

words which are intended to indicate the hottest 
portion of the day in the hottest season of the 
year. Here the separate mention of " Sol " is 
quite sufficient to confute those who would con- 
sider Sirius as equivalent in this passage to the 
sun. See above, p. 1 52, b. Comp. Lucan. Phar. 
x. 209. 

Ovid. — In the fourth book of the Fasti (x. 
901) the rising of Sirius is assigned to the 25th of 
April, is made coincident with the disappearance 
of Aries, and marks the epoch of mid-spring : — 

Sex ubi quae restant luces Aprilis habebit 
In medio cursu tempora Veris erunt ; 

Et frustra pecudem quaeres Athamantidos Helles 
Signaque dant imbres exoriturque Canis. 

A notorious blunder has been here committed by 
the poet No rising of Sirius, either real or ap- 
parent, in the morning or in the evening, cor- 
responds to this season. But this is the very day 
fixed by Euctcmon (ap. Gemin. Parapeg.) for the 
heliacal setting (kvuv KpimrtTai) of the Dog, which 
fell at Rome for the Julian era on the 1st of May. 

Again, in Fast. v. 723, we read — 

Nocte sequente diem Canis Erigoncius exit, 

that is, on the 22d of May. Now, it is clear 
from a former passage (iv. 939) that by Canis 
Erigoncius he means the Great Dog ; but the true 
rising of Sirius took place for Rome at this period 
on the 19th of July, the apparent on the 2d of 
August 

Not much will be gained by supposing that 
Procyon is here alluded to ; for the risings of that 
star precede those of Sirius by about eight days 
only. Here, again, therefore, we have a gross 
mistake. 

Pali.adiits. — Palladius (vii. 9): "In ortu 
Caniculae,qui apud RomanosXIV. Kal. Auk. (19th 
July) die tenctur, explorant (sc. Aegvpti) quae 
semina exortum sidus exurat, quae illaesa custo- 
dint" Now this is the exact period of the heliacal 
rising in Egypt for the Julian epoch ; hence the 
words " apud Romanes " must refer to a notice in 
some Roman Calendar, and not to the real period 
of the phenomenon. 

Orion. 

It must l>e borne in mind that, from the great 
size of this constellation, its risings and settings 
are spread over n considerable space ; while the 
brilliant stirs which it contain* are so numerous 
that no one can be fixed upon as a representative 
of the whole, as in the case of Uootes, where the 
different appearances are usually referred to Arc- 
tunis alone. Hence those writers who aim at 
precision use such phrases as "Orion incipit oriri," 



162 ASTRONOMIA. 



ASTRONOMIA. 



"Orion totus oritur," "Orion incipit occidere;" 
and wherever such qualifications are omitted the 
statements are necessarily vague. 

Hesiod. — Hesiod (Erg. 598) orders the corn 
to be thrashed eSi-' iv irp&Tct (pavrj trfleVos 'Clpttovos. 
For that age and country the apparent morning or 
heliacal rising of Orion would be completed about 
the 9th of July. 

The setting of Orion was one of the tokens 
which gave notice to the farmer that the season 
for ploughing had arrived, and to the mariner that 
he must no longer brave the perils of the deep. 
{Erg. 615.) The apparent morning setting ex- 
tended over the whole month of November. 

The culmination of Orion, which coincided with 
the vintage (Erg. 609) took place about the 14th 
of September. 

Aristotle. — Aristotle (Meteorobg. ii. 5, 
Problem, xiv. 26) places the rising of Orion at the 
commencement of Opora, and the setting at the be- 
ginning of winter, or rather in the transition from 
summer to whiter (iv /j.€Ta§oArj tov Se'pous Kal 
Xeifiwvos). 

Now the two limits which included the be- 
ginning and end of the apparent morning or 
heliacal rising, which alone can be here indicated, 
were, for the age and country of the writer, 17th 
of June — 14th July; those which embraced the 
apparent morning setting were, 8th of November — 
8th of December ; while the true morning setting 
continued from 27th of October — 20th of No- 
vember. 

Upon examining the passages in question a very 
curious contradiction will be perceived, which has 
long exercised the ingenuity of the commentators. 
Aristotle distinctly asserts in one place that the 
rising of Orion is characterised by unsteady stormy 
weather, and offers an explanation of the fact : 
in another place he as distinctly avers that the 
rising of Orion is characterised by the absence of 
wind (7repi 'Clplaiyos dvaroXijV /xd\io~Ta -ylverai 

Pliny. — (1) VIII. Idus (Mart.) Aquilonii 
piscis escortu, et postero die Orionis. xviii. 65. § 1. 

(2) Nonis (Apr.) Aegypto Orion et gladius ejus 
incipiunt aliscondi. xviii. 66. § 1. 

(1) The first date, 8th of March, is so far re- 
moved from the rising of Orion, whether in the 
morning or the evening, that Ideler is probably 
correct when he supposes that either the text is 
corrupt or that Pliny himself inserted Orion by 
mistake instead of the name of some other constel- 
lation. 

(2) Here also the date, 5th of April, is wide of 
the truth. The apparent evening setting of the 
middle star in the belt fell at Alexandria on the 
26th of April, seven days later than at Rome, the 
true evening setting about the 9th or 1 0th of May. 

Virgil, Horace. — Both Virgil and Horace 
frequently allude to the tempests which accom- 
panied the winter setting of Orion (Saevus ubi 
Orion hibernis eonditur undis, Virg. Aen. vii. 719 ; 
see also iv. 52 ; Hor. Carm. i. 28. 21, iii.27. 17, 
Epod. x. 9, xv. 7), just as Hesiod (Erg. 617) 
eight hundred years before had warned the mariner 
that when the Pleiades, fleeing from the might of 
Orion, plunge into the dark mam : 

At; roVe itaVToiusv dvefxaiv Svovffiv artrai. 

The apparent morning setting of Orion, which 
in the time of Hesiod commenced early in No- 



vember, soon after the morning setting of the 
Pleiades, thus became connected in traditional 
lore with the first gales of the rainy season, and 
the association continued for centuries, although 
the phenomenon itself became gradually further 
and further removed from the beginning of the 
stormy period. In the Parapegma of Geminus we 
find notices by three different astronomers, in which 
the setting of the Pleiades and of Orion are men- 
tioned as attended by tempests, although each of 
the three fixes upon a different day. For Rome, 
at the Julian era, the apparent morning setting 
commenced about the 12th or 13th of November. 
In Pliny (xviii. 74) we find, " V. Idus Novembr. 
(8 Novemb.) gladius Orionis occidere incipit," 
which is the true morning setting for Alexandria 
at that epoch. 

Ovid. — Ovid refers twice in his Fasti to the 
setting of Orion. In one passage (iv. 387) he 
places it on the day before the termination of the 
Megalesia, that is, on the 10th of April ; in 
another (v. 493), where the complete disappearance 
of the figure is expressly noted, on the 11th of 
May. 

Now the apparent evening setting of Rigel, the 
bright star which marks the left foot, took place 
for Rome in the age of the poet on 11th April, 
while the smaller star, now known as k, set on the 
previous day, the true evening setting of Betelgeux, 
which marks the right shoulder, fell on the 11th of 
May. Hence it is clear that Ovid derived his in- 
formation from two very accurate calendars, one of 
which gave the date of the commencement of the 
apparent evening setting ; the other, the date of the 
termination of the true evening setting. 

He refers twice to the rising of Orion also — 
in the sixth book of the Fasti (717), on the 16th 
of June : 

At pater Heliadum radios ubi tinxerit undis, 

Et cinget geminos Stella serena polos, 
Toilet humo validos proles Hyriea lacertos, 

and on the festival of Fortuna Fortis, on the 24th 
of June : 

Zona latet tua nunc, et eras fortasse latebit, 
Dehinc erit, Orion, adspicienda mihi, 

that is, on the 26th of June. 

With regard to the first, the date is nearly cor- 
rect for the true morning (not evening, as the 
words denote) rising of the two stars (o o) at the 
extremity of the left hand ; with regard to the 
second, the true morning rising of the middle star 
in the belt fell on the 21st of June, the apparent 
on the 13th of July. There is a mistake, there- 
fore, here of five days, as far as Rome is con- 
cerned. 

Hyades. 

In Hesiod (Erg. 615), the setting of the Plei- 
ades, of the Hyades, and of mighty Orion, warn 
the husbandman that the season has arrived for 
ploughing the earth, and the mariner, that naviga- 
tion must cease. The apparent morning setting 
of the Hyades took place, according to the cal- 
culation of Ideler, for the age and country of 
Hesiod, on the 7th of the Julian November, four 
days after that of the Pleiades, and eight before 
that of Orion. 

Virgil (Aen. i. 744, iii. 516) terms this cluster 
" pluvias Hyadas," and Horace (Carm. i. 3. 14), 



ASTRONOMIA. 



ASTRONOMIA. 



163 



" tristes Hyadas," in reference to their morning 
setting at the most rainy and stormy season of the 
year. The true morning setting for Rome at the 
Julian era happened on the 3d of November, the 
apparent on the 14th of November. The ap- 
parent evening rising, which fell upon the 25th of 
October, would likewise suit these epithets. 

Ovid, in his Fasti (iv. G77), places the evening 
setting of the Hyades on the 17th of April, the 
day fixed in the Calendar of Caesar (Plin. xviii. 66. 
§ 1), while Columella names the Kith (li. R. xi. 2. 
§ 36). These statements are nearly accurate, since 
the apparent evening, or heliacal settin?, took place 
for Rome at that epoch on the 20th of April. 

In the same poem, the morning rising is alluded 
to five times. 

(1.) It is said (v. 163) to take place on the 2nd 
of May, which was the day fixed in the Calendar 
of Caesar (Plin. xviii. 66. § 1), and adopted by 
Columella (xi. 2. § 39), whose words, Sucula cum 
sole oritur, indicate the true morning rising. 

(2.) On the 14th of May (v. 603), while Co- 
lumella (Ibid. § 43) has, XII. Kul. Jun. (21st 
May) Suculae exoriuntur. 

(3.) On the 27th of May (v. &c). 

(4.) On the second of June ( vi. 1 97). 

(5.) On the 15th of June (vi. 711). 

Now the true morning rising of the Hyades for 
Rome at that epoch was on the 16th of May, the 
apparent or heliacal rising on the 9th of June, 
the true evening setting on the 3d of May. 

Hence it is clear that Ovid, Columella, and 
Pliny, copying in (1) a blunder which had found 
its way into the Calendar of Caesar, assigned the 
morning rising to the 2nd of May instead of the 
true evening setting. The true evening rising lay 
between the days named in (2). The heliacal 
rising was thirteen days after (3), seven days after 
(4), six days before (5). 

The Cretan Crown. 

We have seen above that Virgil (Georg. i. 222), 
instructs the farmer not to commence sowing wheat 
until after the Pleiades have set in the morning : 

Gnosiaquc ardentis deccdat stella Coronae, 

words which must signify the setting af the Cretan 
Crown. The apparent evening (or heliacal) setting 
of this constellation fell at Rome for this epoch 
upon the 9th of November, the very day after the 
apparent morning setting of the Pleiades. 

Ovid (Fast. iii. 459), after having spoken of the 
rising of Pegasus on the night of March 7th, adds, 

Protenus adspicies venienti noctc Coronam = 
Onosida, 

words which denote the evening rising ; and, in 
reality, the apparent evening rising took place on 
the tenth of March, only two days later than the 
date here fixed. 

The Kids. 

Virgil (Oeorg. i. 205) when inculcating the 
utility of observing the stars, declares that it is no 
less necessary fur the husbandman than f'.r the 
mnriner to watch Arctunis and the glistening Snake, 
and the days of the Kids (haeilorunupie dies ser- 
vanda). Elsewhere (Aim. ix. 6511) he compares a 
dense flight of arrows and javelins rattling against 
shields and helmets to the torrents of rain proceed- 
ing from the west under the influence of the watery 



kids (pluvialibus haedis). Horace (Carm. iii. I. 
27) dwells on the terrors of setting Arcturus and 
the rising Kid, while Ovid (Trist. i. 1. 13) and 
Theocritus (('■ 53. See Schol.) speak in the same 
strain. In Columella's Calendar (xi. 2. § 66) we 
find V. Kal. Octob. (27th Sept.) Ilaedi ejeoriuntur, 
and a little farther on (§ 73) Pridie Non. Octob. 
(4th Nov.) Ilaedi oriuntur vespere. The former 
date marks the precise day of the true evening rising 
of the foremost kid at Rome for the Julian era ; 
and hence the apparent evening rising, which would 
fall some days earlier, would indicate the approach 
of those storms which commonly attend upon the 
autumnal equinox. 

III. Division of the Year into Seasons. 

As early as the age of Hesiod the commence- 
ment of different seasons was marked by the risings 
and settings of certain stars ; but before proceeding 
to determine these limits it will be necessary to 
ascertain into how many compartments the year 
was portioned out by the earlier Greeks. 

Homer clearly defines three: — 1. Spring (eop), 
at whose return the nightingale trills her notes 
among the greenwood brakes (Od. xix. 519). 2. 
W inter (x^'p-uv, X e ^f- a )t a ' whose approach, ac- 
companied by deluges of rain (d0ea<parov vpSpov), 
the cranes fly screaming away to the streams of 
ocean (//. iii. 4, comp. Hesiod. Erg. 448). 3. 
Summer (dipos), to which x*W a ' s directly opposed 
( Od. viL 11 8). 4. Three lines occur in the Odyssey 
(xi. 191. airrap iiry)v tKOyo I StposreBaKvia TOTrilipT], 
and also xii. 76, xiv. 384) where the word oirupa 
seems to be distinguished from dipos, and is in 
consequence generally translated autumn. Idcler, 
however, has proved in a satisfactory manner 
(llnndbuck der Chron. i. p. 243) that the term 
originally indicated not a season separate from and 
following after summer, but the hottest part of 
summer iUelf ; and hence Sirius, whose heliacal 
rising took place in the age of Homer about the 
middle of July, is designated as aarrip dirupivbs 
(It. v. 5 ; sec Schol. and Eustath. ad loc. ; compare 
also //. xxii. 26), while Aristotle in one passage 
(Mcteorolng. ii. 5) makes the heliacal rising of 
Sirius, which he notes as coinciding with the en- 
trance of the sun into Leo, i. c. 24th July of the 
Julian calendar, the sign of the commencement of 
birupa ; and in another passage (Problem. XXV. 26, 
xxvi. 14) places the rising of Orion at the begin- 
ning of oirupa, and the setting of the same con- 
stellation at the beginning of winter — iv p(Ta€u\jj 
rov Mpovs Kal x ( 't tu >"> s — an expression which 
clearly indicates that birupa was included within 
the more general dipos. 

Hesiod notices lap (Erg. 462), &ipos (/. c), 
X*7jia (450), and in his poem we find the trace of 
a fourfold division, for he employs the adjective 
p.(roiruptv6s (Erg. 415) in reference to the period 
of the first rains, when the excessive heat had in 
some degree abated. These rains he elsewhere 
calls the biruptvbs CpGpos, and notices them in con- 
nection with the vintage, when he enjoins the 
mariner to hasten home to port before the Borene 
weather has passed away — p-qoi pivtiv ohor rt 
viov xal uirwpwov bpSpov. Moreover, by making 
Atpbt proper end fifty days after the solstice (Erg. 
663) In- leaves a vacant space from the middle of 
AogUt to the end of October, which he must have 
intended to fill by n fourth season, which he no- 
where specifically names. Ai late, however, na 
M 2 



164 ASTRONOMIA. 



ASTRONOMIA. 



Aeschylus {Prom. 453) and Aristophanes {Av. 
710) the seasons are spoken of as three, x^'P^v, 
eap, Se'pos by the former ; x^'H-^j * a Pi oiruipa by 
the latter. Nor can we avoid attaching some 
weight to the fact that the most ancient poets and 
artists recognised the "Clpcu as three only, bearing, 
according to the Theogony (901) the symbolical 
appellation of Order (Euyo/xia), Justice (Aikt;), 
and blooming Peace (EipV?;). Indeed Pausanias 
has preserved a record of a time when the "0.pai 
were known as two goddesses only — Kapiru, the 
patroness of fruits, and @aAAi>, the guardian of 
blossoms (ix. 35. § 2). We may hence safely 
conclude that the Greeks for many ages discrimi- 
nated three seasons only, Winter, Spring, and 
Summer, that the general name for the whole of 
summer being Sepos, the hottest portion was dis- 
tinguished as oirdpa, and that the latter term was 
gradually separated from the former, so that ftepos 
was commonly employed for early summer, and 
oirc&pa for late summer. 

The first direct mention of autumn is contained 
in the treatise De Diaeta (lib. iii. &c), commonly 
ascribed to Hippocrates (b. c. 420), where we are 
told that the year is usually divided into four parts, 
Winter (x^p>-uv), Spring (eap), Summer (Se'pos), 
Autumn ((p8iv6wa>poi>) ; and this word with its 
synonym ixeroawpov occurs regularly from this time 
forward, proving that those by whom they were 
framed considered dtr&pa, not as autumn, but as the 



period which immediately preceded autumn and 
merged in it. 

We discover also in the Greek medical writers 
traces of a sevenfold division, although there is no 
evidence to prove that it was ever generally 
adopted. According to this distribution, summer 
is divided into two parts, and winter into three, 
and we have, 1. Spring («tp). 2. Early summer 
(&epos). 3. Late summer {biriLpa). 4. Autumn 
{<p8iv6-jvwpov s. /ueToVoipoj'). 5. The ploughing or 
sowing season (&poros s. ffTrop^rSs). 6. Winter 
proper (xtipdv). 7. The planting season (<pu- 
raAia ). 

From Varro {R. R. L 28), Columella (ix. 14, 
xi. 2), and Pliny (xviii. 25) we infer that Julius 
Caesar, in his Calendar, selected an eight-fold 
division, each of the four seasons being subdivided 
into two, after this manner : 1 . Veris Initium. 
2. Aequinoctium Vernum. 3. Aestatis Initium. 4. 
Sohtitium. 5. Autumni Initium. 6. Aequinoctium 
Autumni. 7. Hiemis Initium. 8. Bruma. 

We find no trace in Homer of any connection 
having been established between the recurrence of 
particular astronomical phenomena, and the return 
of the seasons. But in Hesiod, as remarked 
above, and in subsequent writers, the limits of the 
divisions which they adopt are carefully defined by 
the risings and settings of particular stars or con- 
stellations. The following tabular arrangement 
will afford a view of the most important systems : 



Commencement of spring 

Commencement of summe 
(ojUtjtos) or reaping time 

Thrashing time 

Period of most oppressive heat 

End of summer (hipos) 

Period of the vintage 

Commencement of winter, 
which coincides with 
ploughing time {&poTOs), 
and the close of navigation 



Division of the Seasons according to Hesiod. 

The evening (&KpoKv4<paios) rising of Arcturus 60 days after the winter 

solstice {Erg. 564). 
(Heliacal) rising of the Pleiads after they have remained concealed for 

40 days and 40 nights {Erg. 383 ). 
(Heliacal) rising of the first star in Orion {Erg. 595). 
(Heliacal) rising of Sirius {Erg. 582, &c). 
Fifty days after the solstice (Erg. 663). 

(Heliacal) rising of Arcturus. Culmination of Sirius and Orion {Erg. 609). 
The (morning) setting of the Pleiades {Erg. 383), of the Hyades, and of 
Orion {Erg. 615). 



According to the Author of the Treatise " De Diaeia." 

Commencement of spring - The vernal equinox. 

" summer - Heliacal rising of the Pleiades. 

" autumn - Heliacal rising of Arcturus. 

" winter - Morning setting of Pleiades. 



Sevenfold Division, according to Hippocrates and oilier Medical Writers. 



Commencement of spring - 

" early summer (Ssipos) - 

" late summer {biriipa) 

" autumn - - - 

" ploughing and sowing 

season {aporos <nrop7jTbs). 

Commencement of winter proper (xe'juwv) - 
" planting season {(pvTaAia) 



The vernal equinox. 
Heliacal rising of the Pleiades. 
Heliacal rising of Sirius. 
Heliacal rising of Arcturus. 
Morning setting of Pleiades. 

Winter solstice. 

Evening rising of Arcturus. 



Seasons according to Euctemon, Eudoxus, and other Authors quoted in the Parapegma of Geminus. 



First breezes of Zephyrus 
Appearance of the swallow 
Appearance of kite {Iktwos <paiverai) 
Commencement of summer 
Midwinter ----- 



16° or 17° of Aquarius. 
2° of Pisces. 

17° of Pisces (Eud.) — 22° of Pisces (Euctem.). 
13° of Taurus. 
1 4° of Capricornus. 



ASYLUM. 



ASYLUM. 



165 



According to the Calendar of Julius Caesar. 



Commencement of spring - 
Vemal equinox 
Commencement of summer 
Summer solstice (solstilium) 
Commencement of autumn 
Autumnal equinox - 
Commencement of winter 
Winter solstice (bruma) - 



The breezes of Favonius begin to blow 
Heliacal rising of the Pleiades (Vergiliae) 
Morning setting of Fidicula 
Morning setting of the Pleiades 



VII. Id. Feb. (7 February). 

VIII. Kal. Apr. (2.5 March). 

VII. Kal. Mai. (9 May). 

VIII. Kal. Jun. (24 June). 
III. Id. Aug. (11 August). 
VIII. Kal. Oct. (24 September). 
III. Id. Nov. (11 November). 
VIII. Kal. Jan. (25 December). 



Thus assigning to spring, ninety-one days ; to summer, ninety-four days ; to autumn, ninety-one days ; 

to winter, eighty-four days. [\V. R.j 



ASTY'NOMI (jurrvviiioi), public officers in 
most of the Greek states, who had to preserve order 
in the streets, to keep them clean, and to see that all 
buildings, both public and private, were in a safe 
state, and not likely to cause injury by falling 
down. (Aristot. Polit. vi. 5, ed. Schneider ; Plat. 
Leg. vL pp. 759, 763 ; Dig. 43. tit 10. s. 1.) At 
Athens there were ten astynomi, five for the city 
and five for the Peiraeeus, and not twenty, fifteen 
for the city and five for the Peiraeeus, as is stated 
in some editions of Harpocration. (Harpocrat. 
Suid. s. v. ; Bekker, Anecd. p. 455 ; Bockh, 
Corp. Inscrip. voL L p. 337.) A person was 
obliged to discharge this burdensome office only 
once in his life. (Dem. Proem, p. 1461.) The ex- 
tent of the duties of the Athenian astynomi is 
uncertain. Aristotle states (ap. Ilarpocr. I. c.) 
that they had the superintendence of the scavengers 
(Koirpo\6yot), which would naturally belong to 
them on account of their attending to the cleansing 
of the streets, and he likewise informs us that 
thev had the superintendence of the female musi- 
cians. It is probable, however, that they had 
only to do with the latter in virtue of their duty 
of preserving order in the streets, since the regu- 
lation of all the public prostitutes belonged to the 
agoranomi. [Agoranoml] It would likewise 
appear from a circumstance related by Diogenes 
Lacrtius (vi. 90) that they could prevent a person 
from appearing in the streets in luxurious or in- 
decent apparel. It is mentioned on one occasion 
that a will was deposited with the astynomi 
(Isacus, de Cltonym. llered. p. 36, cd. Steph.), a 
circumstance which does not seem [in accordance 
with the duties of their office. (Meier, Att. Pro- 
cess, p. 93, &c) 

ASY'Ll'M (6<ruAov). In the Greek states 
the temples, altars, sacred groves, and statues of 
the gods generally possessed the privileges of pro- 
tecting slaves, debtors, and criminals, who fled to 
them for refuge. The laws, however, do not ap- 
pear to have recognised the right of all such sacred 
places to afford the protection which was claimed ; 
but to have confined it to a certain number of 
temples, or altars, which were considered in a more 
especial mannrr to have the aavkia, or jus asyli. 
(Scrvius ad I'irg. Aen. ii. 761.) There were 
several places in Athens which possessed this pri- 
vilege ; of which the best known was the Thc- 
seium, or temple of Theseus, in the city, which 
was chiefly intended for the protection of the ill- 
treated slaves, who could take refuge in this place, 
and compel their masters to sell them to some 
other person. (PluL Tlieseus, 36 ; Schol. ad 
Aristofili. I'.ijuit. 1309; Ile-ivcli. ;niil Suidai, .«. e. 
Hnar\ov.) The other places in Athens which ]xis- 



sessed the jus asyli were : the altar of pity, in the 
agora, the altar of Zeus 'Ayopa7os, the altars of 
the twelve gods, the altar of the Eumenides on 
the Areiopagus, the Thcseum in the Peiraeeus, 
and the altar of Artemis, at Munychia (Meier, 
Att. Proc. p. 404). Among the most celebrated 
places of asylum in other parts of Greece, we may 
mention the temple of Poseidon, in Laconia, on 
Mount Taenarus (Thuc. i. 128, 133 ; Corn. Nep. 
Paus. c. 4) ; the temple of Poseidon, in Calauria 
(Plut. Demostli. 29) ; and the temple of Athena 
Alea, in Tegea (Paus. iii. 5. § 6). It would ap- 
pear, however, that all sacred places were sup- 
posed to protect an individual to a certain extent, 
even if their right to do so was not recognised by 
the laws of the state, in which they were situated. 
In such cases, however, as the law gave no pro- 
tection, it seems to have been considered lawful to 
use any means in order to compel the individuals 
who had taken refuge to leave the sanctuary, ex- 
cept dragging them out by personal violence. 
Thus it was not uncommon to force a person from 
an altar or a statue of a pod, by the application of 
fire. (Eurip. Androm. 256, with Schol. ; Plant. 
Mosletl. v. 1. 65.) 

In the time of Tiberius, the number of places 
possessing the jus asyli in the Greek cities in 
Greece and Asia Minor became so numerous, as 
seriously to impede the administration of justice. 
In consequence of this, the senate, by the com- 
mand of the emperor, limited the jus asyli to a 
few cities, but did not entirely abolish it, as 
Suetonius {Tib. 37) has erroneously stated. (See 
Tacit. Ann. iii. 60—63, iv. 14 ; and Ernesti's Ex- 
cursus to Suet. Tib. 37.) 

The asylum which Romulus is said to have 
opened at Home on the Capitolinc hill, between 
its two summits, in order to increase the popula- 
tion of the city (Liv. i. 8 ; Veil. Pat. i. 8 ; DionyB. 
ii. 15), was, according to the legend, a place of 
refuge for the inhabitants of other states, rather 
than a sanctuary for those who had violated the 
laws of the city. In the republican and early im- 
perial times, a right of asylum, such as existed in 
the fireck states, does not appear to have been 
recognised by the Roman law. Livy seems to 
speak of the right (xxxv. 51) as peculiar to the 
(ireek.i : — Trmplum rst AjxAlinis helium — co 
jiir*' ytnrtii ijiio .*«/// trmplii ijitftr asylit (iraeri ap- 
fi-Hnut. liv a ronititutio of Antoninus Pius, it was 
decreed that, if a slave ill a province fled to the 
temples of the tfod.n or till- statues of the emperors, 
to avoid the ill-usage of his master, the pnieses 
could compel the master to sell the slave ((iaitis, 
i. 53) ; and the slave was not regarded by the law 
as a runaway — fugitirus (Dig. 21. tit. 1. s. 17. 

M 8 



166 



ATELEIA. 



ATHLETAE. 



§ 12). This constitutio of Antoninus is quoted 
in Justinian's Institutes (1. tit. 8. s. 2), with a 
slight alteration ; the words ad aedem sacram are 
substituted for ad /ana deorum, since the jus asyli 
was in his time extended to churches. Those 
slaves who took refuge at the statue of an em- 
peror were considered to inflict disgrace on their 
master, as it was reasonably supposed that no 
slave would take such a step, unless he had re- 
ceived very bad usage from his master. If it 
could be proved that any individual had instigated 
the slave of another to flee to the statue of an em- 
peror, he was liable to an action corrupti servi. 
(Dig. 47. tit. 11. s. 5.) The right of asylum 
seems to have been generally, but not entirely, 
confined to slaves. (Dig. 48. tit 19. s. 28. § 7. 
Comp. Osiander, De Asylis Gentilium, in Gronov. 
Tliesaur. vol. vi. ; Simon, Sur les Asyles, in Mem. 
de VAcad. des Inseript. vol. iii. ; Bringer, De Asy- 
lorum Origine, Usu, el Ahum, Lugd. Bat. 1828 ; C. 
Neu, De Asylis, Gott. 1837 ; respecting the right 
of asylum in the churches under the Christian 
emperors, see Rein, Das Criminalreclit dcr Homer, 
p. 896.) 

The term aavXia was also applied to the secu- 
rity from plunder {atrvXla /col koto; yr\v not Kara. 
S-aAao-crav), which was sometimes granted by one 
state to another, or even to single individuals. (See 
Bdckh, Corp. Inscrip. i. p. 725.) 

ATELEIA {areXda), is generally immunity or 
exemption from some or all the duties which a 
person has to perform towards the state. Im- 
munities may be granted either as a privilege to 
the citizens of a state, exempting them from certain 
duties which would otherwise be incumbent on 
them, or they are given as honorary distinctions to 
foreign kings, states, communities or even private 
individuals. With regard to the latter the ate- 
leia was usually an exemption from custom duties 
on the importation or exportation of goods, and 
was given as a reward for certain good services. 
Thus Croesus received the ateleia at Delphi 
(Herod, i. 54), the Deceleans at Sparta (Herod, 
ix. 73), and Leucon, the ruler of Bosporus, at 
Athens. (Dem. c. Lept. p. 466, &c.) It appears 
that if a person thus distinguished, or a citizen of a 
foreign community possessing the ateleia, took up his 
residence in the state which had granted it, he also 
enjoyed other privileges, such as the exemption 
from the protection money, or tax which resident 
aliens had to pay at Athens. (Harpocrat. s. v. 
laoT(Ki]s) Nay this ateleia might even become 
equivalent to the full franchise, as, e. g. the Byzan- 
tines gave the exemption from liturgies, and the 
franchise to all Athenians that might go to Byzan- 
tium. (Dem. De Coron. p. 256.) In many in- 
stances a partial ateleia, or an exemption from 
custom duties, was granted for the purpose of en- 
couraging commerce. (Theophr. Char. 23 ; Schol. 
ad Aristoph. Plut. 905, with Bb'ckh's remarks, Puhl. 
Econ. p. 87.) With regard to the inhabitants of a 
state, we must, as in the case of Athens, again dis- 
tinguish between two classes, viz. the resident 
aliens and real citizens. At Athens all resident 
aliens had to pay a tax (fitTo'uaov) which we may 
term protection-tax, because it was the price for 
the protection they enjoyed at Athens ; but as it 
was the interest of the state to increase commerce, 
and for that purpose to attract strangers to settle at 
Athens, many of them were exempted from this 
tax, i. e. enjoyed the artXeia jxeToiidov (Dem. c. 



Aristoer. p. 691), and some were even exempted 
from custom duties, and the property tax or eiV- 
tpopd, from which an Athenian citizen coidd never 
be exempted. The ateleia enjoyed by Athenian 
citizens was either a general immunity (ariXeia 
airdvTwv), such as was granted to persons who had 
done some great service to their country, and even 
to their descendants, as in the case of Harmodius 
and Aristogeiton ; or it was a partial one exempting 
a person from all or certain liturgies, from certain 
custom duties, or from service in the army. The 
last of these immunities was legally enjoyed by all 
members of the council of the Five Hundred (Ly- 
curg. c. Leocr. 11), and the archons for the time 
being, by the farmers of the custom duties (Dem. 
c. Neaer. 1353), and by those who traded by sea, 
although with them the exemption must have been 
limited. (Schol. ad Arist. Plut. 905, Acharn. 399 ; 
Suid. s. v. tfiiropSs Most information re- 

specting the ateleia is derived from Demosthenes' 
speech against Leptines. But compare also Wolf's 
Prolegom. ad Lept. p. lxxi. &c; Bockh, Publ. Econ. 
p. 85, &c. ; Westermann, De publicis Atheniensium 
Honoribus et Praemiis, p. 6, &c. [L. S.] 

ATELLA'NAE FA'BULAE. [Comoedia.] 
ATHENAEUM {kefrawv), a school (ludtis) 
founded by the Emperor Hadrian at Rome, for the 
promotion of literary and scientific studies (ingenu- 
arum artium), and called Athenaeum from the 
town of Athens, which was still regarded as the 
seat of intellectual refinement. The Athenaeum 
was situated on the Capitoline hill. It was a kind 
of university ; and a staff of professors, for the 
various branches of study, was regularly engaged. 
Under Theodosius II., for example, there were 
three orators, ten grammarians, five sophists, one 
philosopher, two lawyers, or jurisconsults. Besides 
the instruction given by these magistri, poets, ora- 
tors, and critics were accustomed to recite their 
compositions there, and these prelections were some- 
times honoured with the presence of the emperors 
themselves. There were other places where such 
recitations were made, as the Library of Trajan 
[Bibliotheca] ; sometimes also a room was hired, 
and made into an auditorium, seats erected, &c. 
The Athenaeum seems to have continued in high 
repute till the fifth century. Little is known of 
the details of study or discipline in the Athenaeum, 
but in the constitution of the year 370, there are 
some regulations respecting students in Rome, from 
which it would appear that it must have been a 
very extensive and important institution. And 
this is confirmed by other statements contained in 
some of the Fathers and other ancient authors, 
from which we learn that young men from all 
parts, after finishing their usual school and college 
studies in their own town or province, used to re- 
sort to Rome as a sort of higher university, for the 
purpose of completing their education. (Aur. Vict. 
Caes. 14 ; Dion Cass, lxxiii. 17 ; Capitolin. Pertin. 
1 1, Gordian. Sen. 3 ; Lamprid. Alex. Sever. 35 ; 
Cod. Theod. 14. tit. 9. s. 1.) [A. A] 

ATHLE'TAE {aQXriTal, aftVjjTTjpes), were per- 
sons who contended in the public games of the 
Greeks and Romans for the prizes (aBXa, whence 
the name of &0Ar)Tcu), which were given to those 
who conquered in contests of agility and strength. 
This name was, in the later period of Grecian his- 
tory and among the Romans, properly confined to 
those persons who entirely devoted themselves to 
a course of training which might fit them to excel 



ATHLETAE. 
in such contests, and who, in feet, made athletic 
exercises their profession. The athletae differed, 
therefore, from the agonistae (ayuviarai), who 
only pursued gymnastic exercises for the sake of 
improving their health and bodily strength, and 
who, though they sometimes contended for the 
prizes in the public games, did not devote their 
whole lives, like the athletae, to preparing for 
these contests. In early times there does not ap- 
pear to have been any distinction between the 
athletae and agonistae ; since we find that many 
individuals, who obtained prizes at the great na- 
tional games of the Greeks, were persons of con- 
siderable political importance, who were never con- 
sidered to pursue athletic exercises as a profession. 
Thus we read that Phayllus, of Crotona, who had 
thrice conquered in the Pythian games, commanded 
a vessel at the battle of Salainis (Herod, viii. 47 ; 
Paus. x. 9. § 1) ; and that Dorieus, of Rhodes, 
who had obtained the prize in all of the four great 
festivals, was celebrated in Greece for his opposition 
to the Athenians. (Paus. vi. 7. § 1, 2.) But as 
the individuals, who obtained the prizes in these 
games, received great honours and rewards, not 
only from their fellow-citizens, but also from 
foreign states, those persons who intended to con- 
tend for the prizes made extraordinary efforts to 
prepare themselves for the contest ; and it was 
soon found that, unless they subjected themselves 
to a severer course of training than was afforded by 
the ordinary exercises of the gymnasia, they would 
not have any chance of gaining the victory. Thus 
arose a elass of individuals, to whom the term 
athletae was appropriated, and who became, in 
course of time, the only persons who contended in 
the public games. 

Athletae were first introduced at Rome, b. c. 
186, in the games exhibited by M. Fulvius, on 
the conclusion of the Aetolian war. (Liv. xxxix. 
22.) Aemilius Paulus, after the conquest of Per- 
seus, B.C. lb'7, is said to have exhibited games at 
Amphipolis,at which athletae contended. (Liv.xlv. 
82.) A certumm athletarum (Val. Max. ii. 4. 
§ 7) was also exhibited by Scaurus, in B. c. 59 ; 
and among the various games with which Julius 
Caesar gratified the people, we read of a contest of 
athletae, which lasted for three days, and which 
was exhibited in a temporary stadium in the 
Campus Martius. (Suet Jul. 39.) Under the 
Roman emperors, and especially under Nero, 
who was passionately fond of the Grecian games, 
the number of athletae increased greatly in Italy, 
Greece, and Asia Minor ; and many inscriptions 
respecting them have come down to us, which 
show that professional athletae were very numer- 
ous, and that they enjoyed several privileges. 
They formed at Rome a kind of corporation, and 
possessed a laljularium, and a common hall — 
curia athleiarum. (Orelli, Ituerip. 2688), in which 
they were accustomed to deliberate on all matters 
which had a reference to the interests of the body. 
We find that they were called f/crculanri, and 
also xystici, because they were accustomed to ex- 
ercise, in winter, in a covered place called xystus 
(Vitruv. vi. 10) ; and that they had a president, 
who was called ryntarchus, and also i.^x" 

Those athletae who conquered in any of the 
great national festivals of the Greeks were called 
hieronicae (Upoyixat), and received, as has been al- 
ready remarked, the greatest honours and rewards. 
Such a conqueror was considered to confer honour 



ATHLETAE. 167 
upon the state to which he belonged ; he entered 
his native city in triumph, through a breach made 
in the walls for his reception, to intimate, says 
Plutarch, that the state which possessed such a 
citizen had no occasion for walls. He usually passed 
through the walls in a chariot drawn by four white 
horses, and went along the principal street of the 
city to the temple of the guardian deity of the 
state, where hymns of victory were sung. Those 
games, which gave the conquerors the right of such 
an entrance into the city, were called iselastici 
(from tio-f\avyetv). This term was originally con- 
fined to the four great Grecian festivals, the 
Olympian, Isthmian, Nemean, and Pythian ; but 
was afterwards applied to other public games, as, 
for instance, to those instituted in Asia Minor. 
(Suet Ner. 25 ; Dion Cass, lxiii. 20 j Plut. Sump. 
ii. 5. § 2 ; Plin. Ep. x. 1 19, 120.) In the Greek 
states the victors in these games not only obtained 
the greatest glory and respect, but also substantial 
rewards. They were generally relieved from the 
payment of taxes, and also enjoyed the first seat 
(TrpotSpia) in all public games and spectacles. Their 
statues were frequently erected at the cost of the 
state, in the most frequented part of the city, as 
the market-place, the gymnasia, and the neigh- 
bourhood of the temples. (Paus. vi. 13. § 1, vii. 
1 7. § 3.) At Athens, according to a law of Solon, 
the conquerors in the Olympic games were re- 
warded with a prize of 500 drachmae, and the 
conquerors in the Isthmian, with one of 100 
drachmae (Diog. Laert. i. 55 ; Plut. Sol. 23) ; 
and at Sparta they had the privilege of fighting 
near the person of the king. (Plut. Lyc. 22.) 
The privileges of the athletae were preserved and in- 
creased by Augustus (Suet. Aug. 45) ; and the fol- 
lowing emperors appear to have always treated them 
with considerable favour. Those who conquered 
in the games called iselastici received, in the time 
of Trajan, a sum from the state, termed opsonin. 
(Plin. Ep. x. 1 19, 120 ; compare Vitruv. ix. l J rucf.) 
By a rescript of Diocletian and Maximian, those 
athletae who had obtained in the sacred games 
(sacri certaminis, by which is probably meant the 
iselastici ludi) not less than three crowns, and had 
not bribed their antagonists to give them the vic- 
tory, enjoyed immunity from all taxes. (Cod. 10. 
tit 53.) 

The term athletic, though sometimes applied 
metaphorically to other combatants, was properly 
limited to those who contended for the prize in the 
five following contests: — 1. Itunniug (SpS/ios, 
cursus). 2. Wrestling (ira\-n, luctu). 'A. Boxing 
(■nvypA\,pugilutus). 4. The jieiitathlon (ittyraOKov), 
or, as the Romans called it, quiwpiertium. 5. The 
pancratium (irayn par toy). Of ail these an account 
is given in separate articles. [Stadium ; Lixta ; 
Puoilatus ; Pentathlon ; Pancratium.] 
These contests were divided into two kinds — the 
severe (fiapia, fiapintpa), and tho light (nov<pa, 
Kov(p6rtpa). Under the former were included 
wrestling, boxing, and the exercises of the pancra- 
tium, which consisted of wrestling and boxing com- 
bined, and was also called |>ainmachion ; and under 
the latter, running, and the se[>arate j>arti of the 
pentathlon, such as leaping, throwing the discus, 
&c (Plat Lea. viii. p. 888, Euliyd. p. 271.) 

Great attention was paid to the training of the 
athlet'ie. They were generally trained in the 
palaestrae, which, in the Grecian states, wero 
distinct places from the gymnasia, though they 

M i 



168 



ATIMIA. 



ATIMIA 



have teen frequently confounded by modern 
writers. [Palaestra.] Their exercises were 
superintended by the gymnasiarch (yvp.vaaia.pxvs), 
and their diet was regulated by the aliptes (oA.ei7r- 
T7)s). [Aliptae.] According to Pausanias (vi. 
7. § 3), the athletae did not anciently eat meat, 
but principally lived upon fresh cheese (rvphv 4k 
tSiv raXapuiv) ■ and Diogenes Laertius (viii. 12, 
13) informs us that their original diet consisted 
of dried figs (iVx<«ri |i)pct?s), moist or new cheese 
(rvpoTs iypois), and wheat (irvpois). The eating 
of meat by the athletae is said, according to some 
writers (Paus. I. c), to have been first introduced 
by Dromeus of Stymphalus, in Arcadia ; and, ac- 
cording to others, by the philosopher Pythagoras, 
or by an aliptes of that name. (Diog. Laert. I.e.) 
According to Galen (De Vol. Tuend. iii. 1), the 
athletae, who practised the severe exercises (QapcTs 
dftVijTcu), ate pork and a particular kind of bread ; 
and from a remark of Diogenes the Cynic (Diog. 
Laert. vi. 49), it would appear that in his time 
beef and pork formed the ordinary diet of the 
athletae. Beef is also mentioned by Plato (De 
Rep. i. p. 338) as the food of the athletae ; and 
a writer quoted by Athenaeus (ix. p. 402, c. d.) 
relates that a Theban who lived upon goats' flesh 
became so strong, that he was enabled to over- 
come all the athletae of his time. At the end 
of the exercises of each day, the athletae were 
obliged to take a certain quantity of food, which 
was usually called avayicocpayta and avayKOTpocp'ia, 
or /3i'aios -rpotpi] (Arist. Pol. viii. 4) ; after which, 
they were accustomed to sleep for a long while. 
The quantity of animal food which some celebrated 
athletae, such as Milo, Theagenes, and Astydamas, 
are said to have eaten, appears to us quite incre- 
dible. ( Athen. x. pp. 4 1 2, 4 1 3. ) The food which 
they ate was usually dry, and is called by Juvenal 
colipMa (ii. 53). 

The athletae were anointed with oil by the 
aliptae, previously to entering the palaestra and 
contending in the public games, and were accus- 
tomed to contend naked. In the description of 
the games given in the twenty-third book of the 
Iliad (I. 685, 710), the combatants are said to have 
worn a girdle about their loins ; and the same 
practice, as we learn from Thucydides (i. 6), 
anciently prevailed at the Olympic games, but 
was discontinued afterwards. 

This subject is one of such extent that nothing 
but an outline can here be given ; further particu- 
lars are contained in the articles Isthmia, Nemea, 
Olympia, and Pythia ; and the whole subject 
is treated most elaborately by Krause, Die Gym- 
nastik und Agonistik der Hellenen, Leipzig, 1841. 

ATHLO'THETAE. [Agonothetae.] 

ATI'MIA (aTifiia). A citizen of Athens had 
the power to exercise all the rights and privileges 
of a citizen as long as he was not suffering under 
any kind of atimia, a word which in meaning 
nearly answers to our outlawry, in as much as a 
person forfeited by it the protection of the laws of 
his country, and mostly all the rights of a citizen 
also. The atimia occurs in Attica as early as the 
legislation of Solon, without the term itself being 
in any way defined in the laws (Dem. e. Aris- 
tocrat, p. 640), which shows that the idea con- 
nected with it must, even at that time, have been 
familiar to the Athenians, and this idea was pro- 
bably that of a complete civil death ; that is, an 
individual labouring under atimia, together with 



all that belonged to him (his children as well as his 
property), had, in the eyes of the state and the 
laws, no existence at all. This atimia, undoubt- 
edly the only one in early times, may be termed a 
total one, and in cases where it was inflicted as a 
punishment for any particular crime, was gene- 
rally also perpetual and hereditary ; hence Demo- 
sthenes, in speaking of a person suffering under it, 
often uses the expression Ka8d-rra£ arip-os, or cnrAiiy 
a.Tifj.aT(u (c. Mid. p. 542, c. Aristog. p. 779, e. Mid. 
p. 546). A detailed enumeration of the rights of 
which an atimos was deprived, is given by Aes- 
chines (c. Timarch. pp. 44, 46). He was not 
allowed to hold any civil or priestly office what- 
ever, either in the city of Athens itself, or in any 
town within the dominion of Athens; he could not 
be employed as herald or as ambassador ; he could 
not give his opinion or speak either in the public 
assembly or in the senate, he was not even allowed 
to appear within the extent of the agora ; he was 
excluded from visiting the public sanctuaries as 
well as from taking part in any public sacrifice ; he 
could neither bring an action against a person from 
whom he had sustained an injury, nor appear as a 
witness in any of the courts of justice ; nor could, 
on the other hand, any one bring an action against 
him. (Compare Dem. c. Neaer. p. 1353, c. Timo- 
crat. p. 739, De Lib. Rhod. p. 200, Philip, iii. 
p. 122, c. Mid. p. 542, Lys. c. Andoc. p. 222.) 
The right which, in point of fact, included most of 
those which we have here enumerated, was that 
of taking part in the popular assembly (Aeyeiv 
and ypd<peiu). Hence, this one right is most fre- 
quently the only one which is mentioned as being 
forfeited by atimia. (Dem. c. Timocrat. pp. 715, 
717; Aeschin. c. Timarch. p. 54, &c. ; Andocid. 
De Myst. p. 36 ; Dem. c. Androt. pp. 602, 604.) 
The service in the Athenian armies was not only 
regarded in the light of a duty which a citizen 
had to perform towards the state, but as a right 
and a privilege ; of which therefore the atimos was 
likewise deprived. (Dem. c. Timocrat. p. 715.) 
When we hear that an atimos had no right to 
claim the protection of the laws, when suffering 
injuries from others, we must not imagine that 
it was the intention of the law to expose the 
atimos to the insults or ill-treatment of his former 
fellow-citizens, or to encourage the people to mal- 
treat him with impunity, as might be inferred from 
the expression oi &rip.oi rov idt\ovTos (Plat. 
Gor.g. p. 508) ; but all that the law meant to do 
was, that if any such thing happened, the atimos 
had no right to claim the protection of the laws. 
We have above referred to two laws mentioned by 
Demosthenes, in which the children and the property 
of an atimos were included in the atimia. As re- 
gards the children or heirs, the infamy came to 
them as an inheritance which they could not 
avoid. [Heres.] But when we read of the pro- 
perty of a man being included in the atimia, it 
can only mean that it shared the lawless charac- 
ter of its owner, that is, it did not enjoy the pro- 
tection of the law, and could not be mortgaged. 
The property of an atimos for a positive crime, 
such as those mentioned below, was probably never 
confiscated, but only in the case of a public debtor, 
as we shall see hereafter ; and when Andocides (de 
Myst. p. 36) uses the expression &ti/j.oi i\aav to. aii- 
fiara, to. Se x?W arra ^X w i the contrary which he 
had in view can only have been the case of a public 
debtor. On the whole, it appears to have been 



ATIMIA. 

foreign to Athenian notions of justice to confiscate 
the property of a person who had incurred per- 
sonal atimia by some illegal act. (Dem. c. Lept. 
p. 504.) 

The crimes for which total and perpetual ati- 
mia was inflicted on a person were as follow : — 
The giving and accepting of bribes, the embezzle- 
ment of public money, manifest proofs of cowardice 
in the defence of his country, false witness, false 
accusation, and bad conduct towards parents (An- 
docid. /. c.) : moreover, if a person either by deed 
or by word injured or insulted a magistrate while 
he was performing the duties of his office (Dem. 
c. Mid. p. 524, Pro Megalop. p. 200) ; if as a judge 
he had been guilty of partiality (<\ Mid. p. 543) ; 
if he squandered away his paternal inheritance, or 
was guilty of prostitution (Diog. Laert. i. 2. 7), &c. 
We have above called this atimia perpetual ; for if 
a person had once incurred it, he could scarcely 
ever hope to be lawfully released from it. A law, 
mentioned by Demosthenes (c. Timocrat. p. 715), 
ordained that the releasing of any kind of atimoi 
should never be proposed in the public assembly, 
unless an assembly consisting of at least 6000 
citizens had previously, in secret deliberation, 
agreed that such might be done. And even then 
the matter could only be discussed in so far as the 
senate and people thought proper. It was only in 
times when the republic was threatened by great 
danger that an atimos might hope to recover his 
lost rights, and in such circumstances the atimoi 
were sometimes restored en masse to their former 
rights. (Xen. Hellen. iL 2. § 1 1 ; Andocid. L c.) 

A second kind of atimia, which though in its 
extent a total one, lasted only until the person 
subject to it fulfilled those duties for the neglect 
of which it had been inflicted, was not so much a 
punishment for any particular crime as a means of 
compelling a man to submit to the laws. This was 
the atimia of public debtors. Any citizen of Athens 
who owed money to the public treasury, whether 
his debt arose from a fine to which he had been 
condemned, or from a part he had taken in any 
branch of the administration, or from his having 
pledged himself to the republic for another person, 
was in a state of total atimia if he refused to pay or 
could not pay the sum which was due. His chil- 
dren during his lifetime were not included in his 
atimia ; they remained iiriri^i. (Dem. c. T/ierjcrin. 
p. 1322.) If he persevered in his refusal to pay 
beyond the time of the ninth prytany, his debt 
was doubled, and his property was taken and sold. 
(Andocid. /. r. ; Dem. c. Nicostrat. p. 1255, c. 
Neaer. p. 1347.) If the sum obtained by the 
sale was sufficient to pay the debt, the atimia 
appears to have ceased ; but if not, the atimia not 
only continued to the death of the public debtor, 
but was inherited by his heirs, and lasted until the 
debt was paid off. (Dem. r. Andnt. p. fill.'!, ci.in- 
pare Riickh, I'M. Earn, of At/u-ns, p. 3!) I, 2d 
edit.; and Hkrkh.) This atimia for public debt 
was sometimes accompanied by imprisonment, as 
in the case of Alcibiades and Cimon ; but whether 
in such a case, on the death of the prisoner, his 
children were likewise imprisoned, in uncertain. 
If a person living in atimia for public debt peti- 
tioned to be released from his debt or his atimia, 
he became subject to <V!h{ij ; and if another per- 
son made the attempt for him, he thereby forfeited 
his own property ; if the proedros even ventured 
to put the question to I be vote, he himself became 



ATIMIA. 



169 



atimos. The only but almost impracticable mode 
of obtaining release was that mentioned above in 
connection with the total and perpetual atimia. 

A third and only partial kind of atimia deprived 
the person en whom it was inflicted only of a por- 
tion of his rights as a citizen. (Andocid. de Myst. 
p. 17 and 36.) It was called the arifaia Kara 
vpSara^ti/, because it was specified in every single 
I case what particular right was forfeited by the 
atimos. The following cases are expressly men- 
tioned : — If a man came forward as a public ac- 
cuser, and afterwards either dropped the charge or 
did not obtain a fifth of the votes in favour of his 
accusation, he was not only liable to a fine of 
1000 drachmae, but was subjected to an atimia 
which deprived him of the right, in future, to ap- 
pear as accuser in a case of the same nature as 
that in which he had been defeated or which he 
had given up. (Dem. c. Aristop. p. 803 ; Har- 
pocrat. s. c. Awpwv ypatpr).) If his accusation had 
been a ypcupv aaeSeias, he also lost the right of 
visiting particular temples. (Andocid. de Myst. p. 
17.) Some cases are also mentioned in which an 
accuser, though he did not obtain a fifth of the 
votes, was not subjected to any punishment what- 
ever. Such was the case in a charge brought be- 
fore the first archon respecting the ill-treatment of 
parents, orphans, or heiresses. (Meier, de Bon. 
Damnat. p. 133.) In other cases the accuser 
was merely subject to the fine of 1 000 drachmae, 
without incurring any degree of atimia. (Pollux, 
viiL 53.) But the law does not appear to have 
always been strictly observed. (liockh. Full. 
Econ. of Athens, p. 381, 2d ed.) Andocides men- 
tions some other kinds of partial atimia, but they 
seem to have had only a temporary application at 
the end of the Peloponnesian war ; and the pas- 
sage (De Myst. p. 36) is so obscure or corrupt, 
that nothing can be inferred from it with any cer- 
tainty. (Wachsmuth, Hellen. Alterth. voL ii. p. 
1 98, 2d ed.) Partial atimia, when once inflicted, 
lasted during the whole of a man's life. 

The children of a man who had been put to 
death by the law were also atimoi (Dem. c. Aris- 
torj. p. 779; compare IIeres) ; but the nature or 
duration of this atimia is unknown. 

If a person, under whatever kind of atimia he 
was labouring, continued to exercise any of the 
rights which he had forfeited, he might immedi- 
ately be subjected to itrayuryi) or eV8f : and if 
his transgression was proved, he might, without 
any further proceedings, be punished immediately. 

The offences which were punished at Sparta 
with atimia are not as well known ; and in many 
cases it does not seem to have been expressly 
mentioned by the law, but to have depended en- 
tirely upon public opinion, whether a person was 
to be considered and treated as .in atimos or not. 
In general, it appears that every one who refused 
to live according to the national institutions lost 
the rights of a full citizen (Sfioios, Xenoph. dt 
/bl>. Isiced. x. 7 ; iii. 3). It wag, however, a 
positive law, that whoever did not give or could 
not give his contribution towards the syssitia, lost 
his rights as a citizen. (Aristot. I'M. ii. 6. p. 
59, cd. Unttling.) The highest degree of infamy 
fell upon the coward (rpiaat) who cither ran away 
Gn0D the field of battle, or returned home without 
the re<t of the army, as Aristodcmus did nfter the 
linttle of Thermopylae (Herod, v ii. 231), though 
in this case the infnmy itself, us well as its humi- 



170 



ATLANTES. 



ATRAMENTUM. 



Hating consequences, were manifestly the mere 
effect of public opinion, and lasted until the person 
labouring under it distinguished himself by some 
signal exploit, and thus wiped off the stain from 
his name. The Spartans, who in Sphacteria had 
surrendered to the Athenians, were punished with 
a kind of atimia which deprived them of their 
claims to public offices (a punishment common to 
all kinds of atimia), and rendered them incapable 
of making any lawful purchase or sale. After- 
wards, however, they recovered their rights. 
(Thuc. v. 34.) Unmarried men were also sub- 
ject to a certain degree of infamy, in so far as they 
were deprived of the customary honours of old age, 
were excluded from taking part in the celebration of 
certain festivals, and occasionally compelled to sing 
defamatory songs against themselves. No atimos 
was allowed to marry the daughter of a Spartan 
citizen, and was thus compelled to endure the 
ignominies of an old bachelor. (Plut. Agesil. 30; 
Miiller, Dor. iv. 4. § 3.) Although an atimos at 
Sparta was subject to a great many painful restric- 
tions, yet his condition cannot be called outlawry ; 
it was rather a state of infamy properly so called. 
Even the atimia of a coward cannot be considered 
equivalent to the civil death of an Athenian atimos, 
for we find him still acting to some extent as a 
citizen, though always in a manner which made 
his infamy manifest to every one who saw him. 

(Lelyveld, De Infamia ex Jure Attico, Amstelod. 
1835 ; Wachsmuth, Hellen. Alterth. &c. vol. ii. p. 
195, &c, 2d edit. ; Meier, De Bonis Damned, p. 
101, &c. ; Schb'mann, De Comit. Atli. p. 67, &c. 
transl. ; Hermann, Polit. Ant. of Greece, § 124 ; 
Meier und Schb'mann, Att. Proc. p. 563. On the 
Spartan atimia in particular, see Wachsmuth, &c, 
vol. ii. p. 155, &c, 2d ed. ; Miiller, Dor. iii. 10. 
§ 3.) [L. S.] 

ATLANTES (&r\apT(s) and TELAMO'NES 
(TeAa,uwees), are terms used in architecture, the 
former by the Greeks, the latter by the Romans, 
to designate those male figures which are sometimes 
fancifully used, like the female Caryatides, in place 
of columns (Vitruv. vi. 7. § 6, Schneid.). Both 
words are derived from rAijvai, and the former 
evidently refers to the fable of Atlas, who sup- 
ported the vault of heaven, the latter perhaps to the 
strength of the Telamonian Ajax. 

The Greek architects used such figures sparingly, 
and generally with some adaptation to the character 




of the building. They were much more freely used 
in tripods, thrones, and so forth. 

They were also applied as ornaments to the sides 
of a vessel, having the appearance of supporting the 
upper works ; as in the ship of Hiero, described by 
Athenaeus (v. p. 208. b). 

A representation of such figures is given in the 
preceding woodcut, copied from the tepidarium in 
the baths at Pompeii : another example of them is 
in the temple of Jupiter Olympius at Agrigentum. 

(MUller, Areh'dol. d. Kunst, § 279 ; Mauch, die 
Griech. u. Rom. Bau-Ordnungen, p. 88.) [P. S.] 

ATRAMENTUM, a term applicable to any 
black colouring substance, for whatever purpose it 
may be used (Plaut. Mostell. i. 3. 102 ; Cic. de 
Nat. Deor. ii. 50), like the (xihav of the Greeks. 
(Dem. de Cor. p. 313.) There were, however, 
three principal kinds of atramentum, one called 
librarium, or scriptorium (in Greek, ypcupiKov 
/j.*Aav), another called sutorium, the third tectorium. 
Atramentum librarium was what we call writing- 
ink. (Hor. Ep. ii. 1. 236; Petron. 102; Cic. ad 
Qu. Fr. ii. 15.) Atramentum sutoriam was used 
by shoemakers for dyeing leather. (Plin. H. N. 
xxxiv. 12. s. 32.) This atramentum sutorium con- 
tained some poisonous ingredient, such as oil of 
vitriol ; whence a person is said to die of atramen- 
tum sutorium, that is, of poison, as in Cicero (ad 
Fain. ix. 21.) Atramentum tectorium, or pictorium, 
was used by painters for some purposes, apparently 
as a sort of varnish. (Plin. H. N. xxxvi. 5. s. 25, 
&c.) The Scholiast on Aristophanes (Plut. 277) 
says that the courts of justice, or Si/cotrT^pio, in 
Athens were called each after some letter of the 
alphabet : one alpha, another beta, a third gamma, 
and, so on, and that against the doors of each 
SiKaffT-fipioy, the letter which belonged to it was 
written wppy (idix/ian, in " red ink." This " red 
ink," or " red dye," could not of course be called 
atramentum. Of the ink of the Greeks, however, 
nothing certain is known, except what may be 
gathered from the passage of Demosthenes above 
referred to, which will be noticed again below. 
The ink of the Egyptians was evidently of a very 
superior kind, since its colour and brightness re- 
main to this day in some specimens of papyri. 
The initial characters of the pages are often written 
in red ink. Ink among the Romans is first found 
mentioned in the passages of Cicero and Plautus 
above referred to. Pliny informs us how it was 
made. He says, " It was made of soot in various 
ways, with burnt resin or pitch : and for this pur- 
pose," he adds, " they have built furnaces, which 
do not allow the smoke to escape. The kind most 
commended is made in this way from pine-wood : 
— It is mixed with soot from the furnaces or baths 
(that is, the hypocausts of the baths) ; and this 
they use ad volumina scribenda. Some also make 
a kind of ink by boiling and straining the lees of 
wine," &c. (Plin. H. N. xxxvi. 5. s. 25.) With 
this account the statements of Vitruvius (vii. 10. 
p. 197, ed. Schneider) in the main agree. The 
black matter emitted by the cuttle-fish (sepia), 
and hence itself called sepia, was also used for 
atramentum. (Cic. de Nat. Deor. ii. 50 ; Persius, 
Sat. iii. 12, 13 ; Ausonius, iv. 76.) Aristotle, how- 
ever, in treating of the cuttle-fish, does not refer 
to the use of the matter (SoAbs) which it emits, as 
ink. (Aelian, H. A. i. 34.) Pliny observes (xxvii. 
7. s. 28) that an infusion of wormwood with ink 
preserves a manuscript from mice. On the whole, 



ATRAMENTOI. 



ATTIC URGES. 



171 



perhaps, it may be said that the inks of the an- 
cients were more durable than our own ; that they 
were thicker and more unctuous, in substance and 
durability more resembling the ink now used by 
printers. An inkstand was discovered at Hercu- 
laneum, containing ink as thick as oil, and still 
usable for writing. 

It would appear also that this gummy character 
of the ink, preventing it from running to the point 
of the pen, was as much complained of by the an- 
cient Romans as it is by ourselves. Persius (Hat. 
iii. 12) represents a foppish writer sitting down to 
compose, but, as the ideas do not run freely, — 

"Tunc queritur, crassus calamoquod pendeat humor; 
Nigra quod infusa vanescat sepia lympha." 

They also added water, as we do sometimes, to 
thin it. 

From a phrase used by Demosthenes, it would 
appear as if the colouring ingredient was obtained 
by rubbing from some solid substance (to /j.4\av 
rplSeiv, Dem. cle Cor. p. 313), perhaps much as we 
rub Indian ink- It is probable that there were 
many ways of colouring ink, especially of different 
colours. Red ink (made of minium, vermilion) 
was used for writing the titles and beginnings of 
books (Ovid, Trist. i. 1. 7), so also was ink made 
of rubrica, " red ochre " (Sidon. vii. 12) ; and be- 
cause the headings of laws were written with rubrica, 
the word rubric came to be used for the civil law. 
(Qnmtfl. xii. 3.) So allmm, a white or whited 
table, on which the praetors' edicts were written, 
wag used in a similar way. A person devoting 
himself to album and rubrica, was a person devoting 
himself to the law. [Album.] There was also a 
very expensive red-coloured ink with which the 
emperor used to write his signature, but which any 
one else was by an edict (Cod. 1. tit. 23. s. 6) 
forbidden to use, excepting the sons or near rela- 
tions of the emperor, to whom the privilege was ex- 
pressly granted. But if the emperor was under age, 
his guardian used a green ink for writing his signa- 
ture. (Montfaucon, Fataeog. p. 3.) On the banners 
of Crassus there were purple letters — (poivtKa 
ypauu.ara. (Dion Cass. xl. 18.) On pillars and 
monuments letters of gold and silver, or letters 
covered with gilt and silver, were sometimes used. 
(Cic. Verr. iv. 27; Suet. Auij. 7.) In writing also 
this was done at a later period. Suetonius (Ner. 
10) says, that of the poems which Nero recited at 
Rome one part was written in gold (or gilt) letters 
(aurei* lilteris), and consecrated to Jupiter Capi- 
tolinus. This kind of illuminated writing was 
more practised afterwards in religious compositions, 
which were considered as worthy to be written 
in letters of gold (as we say even now), and there 
fore were actually written so. Something like 
what we call sympathetic ink, which is invisible 
till heat, or some preparation be applied, appears to 
have been not uncommon. So Ovid (Art. Am. iii. 
627, tec.) advises writing love-letters with fresh 
milk, which would be unreadable, until the letters 
were sprinkled with coal-dust. Ausonius (Epist. 
xxiii. 21) gives the same direction. Pliny (xxvi. 
It) suggests that the milky sap contained in some 
plants might be used in the same way. 

An inkstand (irutfov, „..> f>v, Pollux, iv. 
] 8, x. 5!)) wag cither single or double. The double 
inkstands were probably intended to contain both 
Mick and red ink, much in the modern fashion. 
They were ulso of wirious shapes, as for example, 



round or hexagonal. They had covers to keep the 
dust from the ink. The annexed cuts represent 
inkstands found at Pompeii. [Calamus.] (Cane- 
parius, De Atramentis cujusoue Generis, Lond. 1660; 
Beckmann, History of' Inventions, vol. L p. 10G, 
vol. ii. p. 26b', London, 1846; Becker, Lliariktes, 
vol. iL p. 222, Ace, Gallus, vol. i. p. 166, &c) 

[A. A.] 




ATRIUM is used in a distinctive as well as 
collective sense, to designate a particular part in the 
private houses of the Romans [Domus], and also 
a class of public buildings, so called from their 
general resemblance in construction to the atrium 
of a private house. There is likewise a distinction 
between atrium and area ; the former being an 
open area surrounded by a colonnade, whilst the 
latter had no such ornament attached to it. The 
atrium, moreover, was sometimes a building by it- 
self, resembling in some respects the open basilica 
[Basilica], but consisting of three sides. Such 
was the Atrium Publicum in the capitol, which, 
Livy informs us, was struck with lightning, n. c. 
214. (Liv. xxiv. 10.) It was at other times at- 
tached to some temple or other edifice, and in such 
case consisted of an open area and surrounding 
portico in front of the structure, like that before 
the church of St. Peter, in the Vatican. Several 
of these buildings are mentioned by the ancient 
historians, two of which were dedicated to the same 
goddess, Libcrtas ; but an account of these build- 
ings belongs to Roman tO[>ography, which is treated 
of in the Dictionary of Geography. [A. R.] 

ATTICURGES ('Attuco^h, in the Attic 
style), is an architectural term, which only occurs 
in Vitruvius (iii. 5. § 2, iv. 6. §§ 1. 6, Schn. : as 
a common adjective, the word only occurs in a 
fragment of Menander, No. 628, Meineke). The 
word is evidently used not to describe a distinct 
order of architecture, but any of those variations 
which the genius of the Athenian architects made 
upon the established forms. In the former pas- 
sage, Vitruvius applies it to a sort of base of 




n column, which he describes ns consisting of two 
tori divided by a scotia or trochilus, with a fillet 



172 



AUCTIO. 



AUCTOK. 



above and below, and beneath all a plinth : but 
in several of the best examples the plinth is 
wanting. (For the exact proportions, see Vitruvius.) 
This form of base seems to have been originally 
an Athenian simplification of the Ionic base ; but 
it was afterwards used in the other orders, especi- 
ally the Corinthian and the Roman Doric ; and it 
is usually regarded as being, from its simple ele- 
gance, the most generally applicable of all the 
bases [Spira]. 

In the second of the passages above referred to, 
Vitruvius applies the term A tticurges to a particular 
form of door- way, but it differed very little from that 
which he designates as the Doric : in fact, though 
Vitruvius enumerates three kinds of doorways to 
temples, the Doric, Ionic, and Attic, we only find 
in the existing building two really distinct forms. 
(Mauch, die Griec/t. u. Rom. Bau-Ordnungen. 
p. 97.) According to Pliny (//. N. xxxvi. 23. 
s. 56) square pillars were called Atticae colum- 
nae.) [P.S.] 

AU'CTIO signifies generally "an increasing, an 
enhancement," and hence the name is applied to a 
public sale of goods, at which persons bid against 
one another. The term audio is general, and com- 
prehends the species audio, bonorum emtio and 
sedio. As a species, audio signifies a public sale 
of goods by the owner or his agent, or a sale of 
goods of a deceased person for the purpose of di- 
viding the money among those entitled to it, which 
was called audio hereditaria. (Cic. Pro Caecin. 5.) 
The sale was sometimes conducted by an argen- 
tarius, or by a magister auctionis ; and the time, 
place, and conditions of sale, were announced 
either by a public notice (tabula, album, &c), or 
by a crier (praeeo). 

The usual phrases to express the giving notice 
of a sale are audionem proscribere, praedicare; and 
to determine on a sale, audionem constituere. The 
purchasers (emtores), when assembled, were some- 
times said ad tabidam adesse. The phrases signi- 
fying to bid are, liceri, licitari, which was done 
either by word of mouth, or by such significant 
hints as are known to all people who have attended 
an auction. The property was said to be knocked 
down (addici) to the purchaser who either en- 
tered into an engagement to pay the money to 
the argentarius or magister, or it was sometimes a 
condition of sale that there should be no delivery of 
the thing before payment (Gaius iv. 126 ; Actio, 
pp. 9, 10.) An entry was made in the books of the 
argentarius of the sale and the money due, and 
credit was given in the same books to the purchaser 
when he paid the money (expensa pecunia lata, 
aecepta relatd). Thus the book of the argentarius 
might be used as evidence for the purchaser, both 
of his having made a purchase, and having paid for 
the thing purchased. If the money was not paid 
according to the conditions cf sale, the argentarius 
could sue for it. 

The praeco, or crier, seems to have acted the part 
of the modern auctioneer, so far as calling out the 
biddings (Cic. De Offic. ii. 23), and amusing the 
company. Slaves, when sold by auction, were 
placed on a stone, or other elevated thing, as is 
sometimes the case when slaves are sold in the 
United States of North America ; and hence the 
phrase homo de lapide emtus. It was usual to put 
up a spear, liasta, in auctions, a symbol derived, it 
is said, from the ancient practice of selling under 
a spear the booty acquired in war. Hence the | 



phrase " sub hasta vendere " (Cic. De Off. ii. 8) 
signified an auction. The expression " asta pub- 
blica " is now used in Italy to signify an auction : 
the expression is " vendere all' asta pubblica," or 
" vendere per subasta." By the auctio, the Quiri- 
tarian ownership in the thing sold was trans- 
ferred to the purchaser. [Bonorum Emtio ; 
Sectio.] [G. L.] 

AUCTOR, a word which contains the same 
element as aug-eo, and signifies generally one who 
enlarges, confirms, or gives to a thing its complete- 
ness and efficient form. The numerous technical 
significations of the word are derivable from this 
general notion. As he who gives to a thing that 
which is necessary for its completeness, may in this 
sense be viewed as the chief actor or doer, the 
word auctor is also used in the sense of one who 
originates or proposes a thing ; but this cannot be 
viewed as its primary meaning. Accordingly, the 
word auctor, when used in connection with lex or 
senatus consultum, often means him who originates 
and proposes, as appears from numerous passages. 
(Liv. vi. 36 ; Cic. Pro Dom. c. 30.) When a 
measure was approved by the senate before it was 
confirmed by the votes of the people, the senate 
were said audores fieri, and this preliminary ap- 
proval was called senatus audoritas. (Cic. Brutus, 
c. 14.) 

The expressions " patres auctores fiunt," " pa- 
tres auctores facti," have given rise to much dis- 
cussion. In the earlier periods of the Roman 
state, the word " patres " was equivalent to " pa- 
tricii ; " in the later period, when the patricians had 
lost all importance as a political body, the term 
patres signified the senate. But the writers of 
the age of Cicero, when speaking of the early 
periods, often used the word patres, when they 
might have used patricii, and thus a confusion 
arose between the early and the later signification 
of the word patres. 

The expression " patres auctores fiunt " means 
that the determinations of the populus in the comitia 
centuriata were confirmed by the patricians in the 
comitia curiata. To explain this fully, as to the 
earliest periods, it is necessary to show what the 
lex curiata de imperio was. 

After the comitia curiata had elected a king 
(creavit), the king proposed to the same body a 
lex curiata de imperio. (Cic. De Rep. ii. 13, 17, 18, 
20.) At first it might appear as if there were 
two elections, for the patricians, that is the po- 
pulus, first elected the king, and then they had 
to vote again upon the imperium. Cicero (De Leg. 
Agr. ii. 11) explains it thus — that the populus had 
thus an opportunity to reconsider their vote (re- 
prehendendi potestas). But the chief reason was 
that the imperium was not conferred by the bare 
election, and it was necessary that the king should 
have the imperium : consequently there must be a 
distinct vote upon it. Now Livy says nothing of 
the lex curiata in his first book, but he uses the 
expression " patres auctores fierent," " patres auc- 
tores facti." (Liv. i. 17, 22, 32.) In this sense 
the patres were the " auctores comitiorum," an ex- 
pression analogous to that in which a tutor is said to 
be an auctor to his pupillus. In some passages the 
expression " patricii auctores " is used, which is an 
additional proof that in the expression " patres 
auctores," the patrician body is meant, and not the 
senate, as some have supposed. 

Cicero, in the passages quoted, does not use the 



AUCTOK. 



AUCTORITAS. 



173 



expression " patres auctores fiunt," nor does Livy, 
in the passages quoted, speak of the lex curiata de 
imperio. But they speak of the same thing, though 
they use different expressions. This explains why 
Dionysius sometimes uses an expression equivalent 
to " patricii auctores Sunt," for patricii of course 
means the curiae, and not the senate. (Anliq. 
Horn. ii. 60, vi. 90.) 

Till the time of Servius Tullius there were only 
the comitia curiata, which, as already explained, first 
elected a king, and then by another vote conferred 
the imperium. The imperium could only he con- 
ferred on a determinate person. It was, therefore, 
necessary to determine first who was to he the per- 
son who was capable of receiving the imperium ; 
and thus there were two separate votes of the pa- 
tres. Servius Tullius established the comitia cen- 
turiata, in which the plebs also voted. When his 
constitution was in full force after the exile of the 
last Tarquin, the patres had still the privilege of 
confirming at the comitia curiata the vote of the 
comitia centuriata, that is, they gave to it the 
" patrum auctoritas " (Cic. De Uepuli. iL 30) ; or, 
in other words, the " patres" were " auctores facti." 
(Cic. Pro Plancio, c. 3.) That this was the prac- 
tice under the early Republic, wc see from Livv 
(ix. 38, 39). 

In the fifth century of the city a change was 
made. By one of the laws of the plebeian dic- 
tator Q. Publilius Philo, it was enacted (Liv. viiL 
12) that in the case of leges to be enacted at the 
comitia centuriata, the patres should be auctores, 
that is, the curiae should give their assent before 
the vote of the comitia centuriata. If we take 
this literally, the comitia curiata might still reject 
a proposed law by refusing their previous sanction ; 
and this might be so : but it is probable that the 
previous sanction became a matter of form. By a 
lex Macnia of uncertain date (Cic fJrulus, c. 14), 
the same change was made as to elections, which 
the Publilia lex had made as to the enacting of 
leges. This explains the passage of Livy (i. 1 7). 
Accordingly, after the passing of the lex Macnia, 
the " patrum auctoritas " was distinct from the lex 
curiata de imperio, while, before the passing of the 
In Maenia, they were the same thing. Thus the 
lex Macnia made the lex curiata de imperio a mere 
form, for the imperium could not be refused, and so 
in the later Republic, in order to keep up a shadow 
of a substance, thirty lictoH exhibited the cere- 
mony of holding the curiata comitia ; and the auc- 
toritas patrum, which was the assent of the senate, 
appears as the mode in which the confirmation of 
the people's choice, nnd the conferring of the im- 
perium, were both included. 

This explanation which is founded on that of 
Becker (llanilhuch dcr Horn. A/trrthiinur), and ap- 
pears to be what he understands by the phrase 

patres auctores," is at least more consistent with 
all the authorities than any other that has been 
proposed. 

In the imperial time, nuctor is often said of the 
emperor (princrps) who recommended any thing to 
the senate, and on which recommendation that 
bodv passed a aenatus-consultum. (Gaius, i. 30, 
110 ;' Sueton. t'esp. 11.) 

When the word auctor is applied to him who 
recommends, but does not originate n legislative 
measure, it is equivalent to tutuor. (Cic. Ad. .1". 
L 19 ; llruius, c. 25, 27.) Sometimes both auctor 
and suasor are used in the same sentence, and 



the meaning of each is kept distinct. (Cic. Off". 
iii. 30.) 

With reference to dealings between individuals, 
auctor has the sense of owner (Cic. Pro Caecin. 
10), and is defined thus (Dig. 50. tit. 17. s. 175) : 
Auctor mens a quo jus in me transit. In this sense 
auctor is the seller (venditor), as opposed to the 
buyer (emtor) : the person who joined the seller in 
a warrant}-, or as security, was called auctor se- 
cundum as opposed to the seller or auctor primus. 
(Dig. 19. tit. 1. s. 4, 21 ; tit. 2. s. 4, 51.) The 
phrase a malo auctore emere (Cic. Verr. 5. c. 22) ; 
auctorem laudare (Gell. ii. 10) will thus be intel- 
ligible. The testator, with respect to his heir, 
might be called auctor. (Ex Corp. Hermogen. 
Col tit 11.) 

Consistently with the meanings of auctor as al- 
leady explained, the notion of consenting, approv- 
ing, and giving validity to a measure atfecting a 
person's status clearly appears in the following pas- 
sage. (Cic. Pro Dom. c. 29.) 

Auctor is also used generally to express any per- 
son under whose authority any legal act is done. 
In this sense, it means a tutor who is appointed 
to aid or advise a woman on account of the in- 
firmity of her sex (Liv. xxiiv. 2 ; Cic. Pro Caecin. 
c. 25 ; Gaius, i. 190, 195) : it is also applied to a 
tutor whose business it is to approve of certain acts 
on behalf of a ward (pupillus). (Paulus, DUj. 20'. 
tit. 8. s. 3.) 

The term auctores juris is equivalent to juris- 
periti (Dig. 1. tit. 2. s.2. § 13 ; Gellius, ii. c. 10) : 
and the law writers or leaders of particular schools of 
law were called scliolue auctores. It is unnecessary 
to trace the other significations of this word. [G. L.] 

AUCTORAMENTUM. [Gladiatores.] 

AUCTO'RITAS. The technical meanings of 
this word correlate with those of auctor. 

The auctoritas scnatus was not a scnatus-con- 
sultum ; it was a measure, incomplete in itself, 
which received its completion by sonic other au- 
thority. 

Auctoritas, as applied to property, is equivalent 
to legal ownership, being a correlation of auctor. 
(Cic. Top. c. 4 ; Pro Caecin. c. 26.) It was a 
provision of the laws of the Twelve Tables that 
there could be no usucapion of a stolen thing 
(Gains, ii. 45), which is thus expressed by Gellius 
in speaking »f the Atinian law (xvii. c. 7) : Quod 
suljrejitum erit ejus rei aeterna auctoritas rsto ; the 
ownership of the thing stolen was still in the ori- 
ginal owner. (Cic. De Off. i. c. 12; Dirksen, 
I '• '« /• " ' '.<!■•■. '/' /" Xii ii 1 /- T'lfrl- l'r:i<niiri,tr, p. 117.; 

(As to the expression Usus Auctoritas, sec Usu- 

CAI'IU.) 

Auctoritas sometimes signifies a wiirrnnty or 
collateral security ; and thus correlated to auctor 
secundus. Auctoritatis actio means the action of 
eviction. (Paulus, Snitint. ffrc/jit. lib. 2. tit. 17.) 
The instmmenta auctoritatis arc the proofs or evi- 
dences of title. 

The auctoritas of the praetor is sometimes used 
to signify the judicial sanction of the praetor, or 
his order, by which a person, a tutor for instance, 
might be compelled to do some legal act (Gaius, i. 
190; Dig. 27. tit. 9. ». 5), or, in other words, 
" auctor fieri." The tutor, with respect to his 
wards both male nnd female ( pupilli, jiiipilla,). was 
said nnjutium ijrrrrr, and nuctoritntrm intcr/mnrrr : 
the former phrase is applicable where the tutor docu 
the net himself; the latter, where he gives his ap- 



174 



AUGUR. 



AUGUR. 



probation and confirmation to the act of his ward. 
Though a pupillus had not a capacity to do any act 
which was prejudicial to him, he had a capacity to 
receive or assent to any thing which was for his 
benefit, and in such case the auctoritas of the tutor 
was not necessary. 

The authority of decided cases was called 
similiter judicatorum auctoritas. The other mean- 
ings of auctoritas may be easily derived from the 
primary meaning of the word, and from the ex- 
planations here given. [G. L.] 

AUDITO'RIUM, as the name implies, is any 
place for hearing. It was the practice among the 
Romans for poets and others to read their composi- 
tions to their friends, who were sometimes called 
the auditorium (Plin. Ep. iv. 7) ; but the word 
was also used to express any place in which any 
thing was heard, and under the empire it was 
applied to a court of justice. Under the republic 
the place for all judicial proceedings was the comi- 
tium and the forum. (Ni pagunt in comitio aut 
in foro ante meridiem causam coniicito quum per- 
orant ambo praesentes. Dirksen, Uebersicht, &c. 
p. 725.) But for the sake of shelter and conve- 
nience, it became the practice to hold courts in the 
Basilicae, which contained halls, which were also 
called auditoria. In the dialogue de Oratoribus 
(c. 39), the writer observes that oratory had lost 
much by cases being generally heard in " auditoria 
et tabularia." It is first under M. Aurelius that 
the auditorium principis is mentioned, by which 
we must understand a hall or room in the imperial 
residence ; and in such a hall Septimius Severus 
and the later emperors held their regular sittings 
when they presided as judges. (Dig. 36. tit. 1. 
s.22, 49. tit. 9. s. 1; Dion Cass, lxxvi. 11; Dig. 4. 
tit. 4. s. 18.) The provincial governors also under 
the empire sometimes sat on their tribunal as in the 
republic, and sometimes in the praetorium or in an 
auditorium. Accordingly, the latest jurists use the 
word generally for any place in which justice was 
administered. (Dig. 1. tit. 22. s. 5.) In the time 
of Diocletian, the auditorium had got the name of 
secretarium ; and in a constitution of Constantine 
(Cod. Th. i. tit. 16. s. 6), the two words seem to 
be used as equivalent, when he enacts that both 
criminal and civil cases should be heard openly 
(before the tribunal), and not in auditoria or 
secretaria. Valentinianus and Valens allowed 
causes to be heard either before the tribunal or in 
the secretarium, but yet with open doors. From 
the fifth century, the secretarium or secretum was 
the regular place for hearing causes, and the people 
were excluded by lattice-work (cancellae) and 
curtains (vela) ; but this may have been as much 
for convenience as for any other purpose, though it 
appears that at this late period of the empire there 
were only present the magistrate and his officers, 
and the parties to the cause. Only those whom 
the magistrate invited, or who had business, or 
persons of certain rank (honorati) had admission 
to the courts, under the despotic system of the late 
empire. (Cod. 1. tit. 48. s. 3 ; Hollweg, Handbuch 
des Civilprozesses, p. 215.) [G. L.] 

AUGUR, AUGU'RIUM ; AUSPEX, AUS- 
PI'CIUM. Augur or auspex meant a diviner by 
birds, but came in course of time, like the Greek 
olwv6s, to be applied in a more extended sense : 
his art was called augurium or auspicium. Plutarch 
relates that the augures were originally termed 
auspices (Qaaest. Rom. c. 72), and there seems no 



reason to doubt this statement as Hartung does 
(Die Religion der Rbmer, vol. i. p. 99), on the 
authority of Servius (ad Virg. Aen. i. 402, iii. 20). 
The authority of Plutarch is further supported by 
the fact, that in Roman marriages the person who 
represented the diviner of ancient times, was 
called auspex and not augur. (Cic. de Div. i. 16). 
Rubino (Romisch. Verfassung, p. 45) draws a dis- 
tinction between the meaning of the words auspex 
and aitgur, though he believes that they were used 
to indicate the same person, the former referring 
simply to the observation of the signs, and the latter 
to the interpretation of them. This view is cer- 
tainly supported by the meaning of the verbs 
auspicari and augurari, and the same distinction 
seems to prevail between the words auspicium and 
augurium, when they are used together (Cic. de 
Div. ii. 48, de Nat. Deor. ii. 3), though they are 
often applied to the same signs. The word auspex 
was supplanted by augur, but the scientific term 
for the observation continued on the contrary to be 
auspicium and not augurium. The etymology of 
auspex is clear enough (from avis, and the root 
spec or spic), but that of augur is not so cer- 
tain. The ancient grammarians derived it from 
avis and gero (Festus, s. v. augur; Serv. ad 
Virg. Aen. v. 523), while some modern writers 
suppose the root to be aug, signifying " to see," 
and the same as the Sanscrit akshi, the Latin 
oculus, and the German auge, and ur to be a ter- 
mination ; the word would thus correspond to the 
English seer. Others again believe the word to 
he of Etruscan origin, which is not incompatible 
with the supposition, as we shall show below, that 
the auspices were of Latin or Sabine origin, since 
the word augur may thus have been introduced 
along with Etruscan rites, and thus have superseded 
the original term auspex. There is, however, no 
certainty on the point ; and, although the first 
mentioned etymology seems improbable, yet from 
the analogy of au-spex and au-ccps, we are inclined 
to believe that the former part of the word is of 
the same root as avis, and the latter may be con- 
nected with gero, more especially as Priscian (i. 6. 
§ 36) gives auger and augeratus, as the more an- 
cient forms of augur and auguratus. By Greek 
writers on Roman affairs, the augurs are called 
olwvoir6\ot, oIwvogk6tvoi, oiwi/Lo~Tai, ol 4tt oloivols 
Upeis. The augurs formed a collegium at Rome, 
but their history, functions, and duties will be better 
explained after we have obtained a clear idea of 
what the auspices were, and who had the power 
of taking them. 

An acquaintance with this subject is one of 
primary importance to every student of Roman his- 
tory and antiquities. In the most ancient times, 
no transaction took place, either of a private or a 
public nature, without consulting the auspices, and 
hence we find the question asked in a well-known 
passage of Livy (vi. 14), " Auspiciis banc xu-bem 
conditam esse, auspiciis bello ac pace, domo mili- 
tiaeque omnia geri, quis est, qui ignoret ? " An 
outline of the most important facts connected with 
the auspices, which is all that our limits will allow, 
therefore, claims our attentive consideration. 

All the nations of antiquity were impressed with 
the firm belief, that the will of the gods and future 
events were revealed to men by certain signs, 
which were sent by the gods as marks of their 
favour to their sincere worshippers. Hence, the 
arguments of the Stoic3 that if there are gods, 



AUGUR. 

they care for men, and that if they care for men 
they must send them signs of their will (Cic. de 
I^eg. ii. 13), expressed so completely the popular 
belief, that whoever questioned it, would have 
been looked upon in no other light than an atheist. 
But while all nations sought to become acquainted 
with the will of the gods by various modes, which 
gave rise to innumerable kinds of divination, there 
arose in each separate nation a sort of national 
belief that the particular gods, who watched over 
them, revealed the future to them in a distinct and 
peculiar manner. Hence, each people possessed a 
national ftamuffi or dirinalio, which was supported 
by the laws and institutions of the state, and was 
guarded from mixture with foreign elements by 
stringent enactments. Thus, the Romans looked 
upon astrology and the whole prophetic art of the 
Chaldaeans as a dangerous innovation ; they paid 
little attention to dreams, and hardly any to in- 
spired prophets and seers. They had on the con- 
trary leamt from the Etruscans to attach much 
importance to extraordinary appearances in nature 
— Prodigia ; in common with other neighbouring 
nations they endeavoured to leam the future, espe- 
cially in war, by consulting the entrails of victims; 
they laid great stress upon favourable or unfavour- 
able omina, and in times of danger and difficulty 
were accustomed to consult the Sibylline books, 
which they had received from the Greeks ; but the 
mode of divination, which was peculiar to them, 
and essentially national, consisted in those signs 
included under the name of ausjAcia. The ob- 
acrvation of the auspices was, according to the 
unanimous testimony of the ancient writers, more 
ancient even than Rome itself, which is constantly 
represented as founded under the sanction of the 
auspices, and the use of them is therefore asso- 
ciated with the Latins, or the earliest inhabitants 
of the city. There seems therefore no reason to 
assign to them an Etruscan origin, as many modem 
writers are inclined to do, while there are several 
facts pointing to an opposite conclusion. Cicero, 
who was himself an augur, in his work De Dtvi- 
natime, constantly appeals to the striking difference 
between the auspicia and the Etruscan system of 
divination ; and, while he frequently mentions 
other nations which paid attention to the flight of 
birds as intimations of the divine will, he never 
once mentions this practice as in existence among 
the Etruscans. (Cic. de Div. i. 41, ii. 35, 3!i ; di: 
Nat. Dear. ii. 4.) The belief that the flight of 
birds gave some intimation of the will of the gods 
teems to have been prevalent among many nations 
of antiquity, and was common to the Greeks, as 
well as the Romans ; but it was only among the 
latter people that it was reduced to a complete 
system, governed by fixed rules, and handed down 
from generation to generation. In Greece, the 
oracles supplnnted the birds, and the future was 
learnt from Apollo and other gods, rarely from 
Zeus, who possessed very few oracles in Greece. 
The contmry was the case at Rome : it was from 
Jupiter that the future was leamt, and the birds 
were regarded as his messengers. (A tes irternun- 
the Jovis, Cic. dc I)irin. ii. 31 ; Intrrftrrtes Juris 
ii/ilimi marimi puUici augurcs, Cic. de Dij. ii. 11). 
It must be remarked in general, that the Roman 
auspices were essentially of a practical nature ; they 
gave no information respecting the course of future 
events, they did not inform men what was to happen, 
but simply taught them what they were to do, or nut 



AUGUR. 175 

to do ; they assigned no reason for the decision of 
Jupiter, — they simply announced, yes or no. 

The words augurium and auspicium came to be 
used in course of time to signify the observation 
of various kinds of signs. They were divided into 
five sorts : ex caelo, ex avibus, ex tripudiis, ex tjiia- 
drupedibus, ex dlris. Of these, the last three 
formed no part of the ancient auspices. The ob- 
servation of signs in the heavens, such as light- 
ning, was naturally connected with observing the 
heavens in order to watch the birds ; and there- 
fore, must in early times have formed part of the 
auspices ; for in an early stage of society, light- 
ning and similar phenomena have been always 
looked upon as sent by the gods. A few words 
must be said on each of these five kinds of augury. 

1. Ex caelo. This included the observation of 
the various kinds of thunder and lightning, and 
was regarded as the most important, maximum 
auspicium. (Serv. ad Virg. Aen. ii. 693 ; Cic. de 
Div. ii. 1 8, &c. ; Festus, s. v. C'oelestia.) The in- 
terpretation of these phenomena was rather Etrus- 
can than Roman ; and the only point connected 
with them which deserves mention here, is, that 
whenever it was reported by a person authorised 
to take the auspices, that Jupiter thundered or 
lightened, the comitia could not be held. (Cic. dc 
Div. ii. 14, Philipp. v. 3.) 

2. Ex avibus. It was only a few birds which 
could give auguries among the Romans. (Cic. de 
Div. ii. 34.) They were divided into two classes : 
Oscines, those which gave auguries by singing, or 
their voice, and Alites, those which gave auguries 
by their flight. (Festus, s.v. Oscines). To the 
former class, belonged the raven (corvus) and the 
crow (comix), the first of these giving a favourable 
omen (auspicium ratum) when it appeared on the 
right, the latter, on the contrary, when it was seen 
on the left (Plaut. Asin. ii. 1.12 ; Cic. de Div. i. 
39) ; likewise the owl (noctua, Festus, s. v. Oscines), 
and the hen (gaUina, Cic. de Die. ii. 26). To the 
aves alites belonged first of all the eagle (aqui/a), 
who is called pre-eminently the bird of Jupiter 
(Jovis ales), and next the vulture (vultur), and 
with these two the avis sanqualis, also called ossi- 

fraga, and the immussulus or immusculus arc pro- 
bably also to be classed. (Comp. Virg. A en. i. 394 ; 
Liv. i. 7, 34 ; Festus, s. v. sanqualis ; PI in. //. A r . 
x. 7.) Some birds were included both among the 
oscines and the alites: such were the Piatt Martins, 
and Feronius, and the Parrlm (Plin. //. N. x. 18. 
s. 20 ; Hor. ('arm. iii. 27. 15 ; Festus, s.v. Osci- 
num tripudium). These were the principal birds 
consulted in the auspices. Every sound and mo- 
tion of each bird had a different meaning, accord- 
ing to the different circumstances, or times of the 
year when it was observed, but the particulars do 
not deserve further notice here. When the birds 
favoured an undertaking, they were said a/ldicerc, 
admitterc or sreundarc, and were then called adilic- 
tirw, admissiriir, si rundur, or pnir/x Irs : when un- 
favourable they were said alulin rr,arn ri\ rrfragnri, 
&c, and were then called ailversae or altrrae. The 
birds which gave unfavourable omens were termed 
J'unchrcs, inhibiting tugnhrrs, ma/ue, Kc, Olid such 
auspices were called clivia and clamatoria. 

'.'>. I'.r 1'rijnuliis. These auspices were taken 
from the feeding of chickens, nnd were especially 
employed on military expeditions. It was the 
doctrine of the nugurs that any bird could give 
a tripudium (Cic. dc Div. ii. 34) j but it be- 



176 



AUGUR. 



AUGUR. 



came the practice in later times to employ only 
chickens (pulli) for the purpose. They were 
kept in a cage, under care of a person called 
pullarius ; and when the auspices were to be 
taken, the pullarius opened the cage and threw 
to the chickens pulse or a kind of soft cake. If 
they refused to come out or to eat, or uttered a 
cry (occinerent), or beat their wings, or flew away, 
the signs were considered unfavourable. (Liv. x. 
40 ; Val. Max. i. 4. § 3.) On the contrary, if 
they ate greedily, so that something fell from their 
mouth and struck the earth, it was called tripu- 
dium solistimum (tripudium quasi terripavium, 
solistimum, from solum, according to the ancient 
writers, Cic. de Div. ii. 34), and was held a 
favourable sign. Two other kinds of tripudia are 
mentioned by Festus, the tripudium oscinum, from 
the cry of birds, and sonivium, from the sound of 
the pulse falling to the ground : in what respects 
the latter, differed from the tripudium solistimum, 
we are not informed. (Cic. ad Fam. vi. 6 ; see 
also Festus, s. vv. puis, tripudium, oscinum tripu- 
dium.) 

4. Ex quadrupedibus. Auguries could also be 
taken from four-footed animals ; but these formed 
no part of the original science of the augurs, and 
were never employed by them in taking auspices 
on behalf of the state, or in the exercise of their 
art properly so called. They must be looked upon 
simply as a mode of private divination, which was 
naturally brought under the notice of the augurs, 
and seems by them to have been reduced to a 
kind of system. Thus, we are told that when a 
fox, a wolf, a horse, a dog, or any other kind of 
quadruped ran across a person's path or appeared in 
an unusual place, it formed an augury. (See e. g. 
Hor. Carm. iii. 27.) Thejuge auspicium belonged 
to this class of auguries. (Cic. de Div. ii. 36 ; Fest 
s.v.juges auspicium ; Serv. ad Virg. Aen.vix. 537.) 

5. Ex diris, sc. signis. Under this head was 
included every kind of augury, which does not fall 
under any of the four classes mentioned above, 
such as sneezing, stumbling, and other accidental 
things. (Comp. Serv. ad Virg. Aen. iv. 453.) There 
was an important augury of this kind connected 
with the array, which was called ex acuminibus, 
that is, the flames appearing at the points of spears 
or other weapons. (Cic. de Div. ii. 36, de Nat. 
Deor. ii. 3 ; Dionys. v. 46.) 

The ordinary manner of taking the auspices, 
properly so called (i. e. ex caelo and ex avibus), was 
as follows : The person who was to take them first 
marked out with a wand (lituus) a division in 
the heavens called templum or tescum, within 
which he intended to make his observations. The 
station where he was to take the auspices was 
also separated by a solemn formula from the rest 
of the land, and was likewise called templum or 
tescum. He then proceeded to pitch a tent in it 
(tabernaculum capere), and this tent again was 
also called templum, or, more accurately, templum 
minus. [Templum.] Within the walls of Rome, 
or, more properly speaking, within the pomoerium, 
there was no occasion to select a spot and pitch a 
tent on it, as there was a place on the Arx on the 
summit of the Capitoline hill, called Auguraculum, 
which had been consecrated once for all for this 
purpose. (Festus, s. v. Auguraculum ; comp. Liv. 
i. 18, iv. 18 ; Cic. de Off. iii. 16.) In like manner 
there was in every Roman camp a place called 
augurale (Tac. Ann. ii. 13, xv. 30), which an- 



swered the same purpose ; but on all other occa- 
sions a place had to be consecrated, and a tent to 
be pitched, as, for instance, in the Campus Mar- 
tius, when the comitia centuriata were to be held. 
The person who was then taking the auspices 
waited for the favourable signs to appear ; but it 
was necessary during this time that there should 
be no interruption of any kind whatsoever (silen- 
tium), and hence the word silentium was used in 
a more extended sense to signify the absence of 
every thing that was faulty. Every thing, on the 
contrary, that rendered the auspices invalid was 
called vitium (Cic. de Div. ii. 34 ; Festus, s. v. si- 
lentio surgere) ; and hence we constantly read in 
Livy and other writers of vitio magistratus creati, 
vitio lex lata, &c. The watching for the auspices 
was called spectio or servare de coelo, the declara- 
tion of what was observed nuntiatio, or, if they 
were unfavourable, obnuntiatio. In the latter case, 
the person who took the auspices seems usually to 
have said alio die, by which the business in hand, 
whether the holding of the comitia or any thing 
else, was entirely stopped. (Cic. de Leg. ii. 12.) 

Having explained what the auspices were and 
how they were taken, we have now to determine 
who had the power of taking them. In the first 
place it is certain that in ancient times no one but 
a patrician could take the auspices, and that a 
plebeian had no power of doing so. The gods of 
the Roman state were the gods of the patricians 
alone, and it was consequently regarded as an act 
of profanation for any plebeian to attempt to in- 
terpret the will of these gods. Hence the posses- 
sion of the auspices (habere auspicia) is one of the 
most distinguished prerogatives of the patricians ; 
they are said to be penes patrum, and are called 
auspicia patrum. (Liv. vi. 41, x. 8 *, comp. iv. 6.) 
It would further appear that every patrician might 
take the auspices ; but here a distinction is to be 
observed. It has already been remarked that in the 
most ancient times no transaction, whether private 
or public, was performed without consulting the 
auspices (nisi auspicato, Cic. de Div. i. 16 ; Val. 
Max. ii. 1. § 1) ; and hence arose the distinction of 
auspicia privata and auspicia publica. One of the 
most frequent occasions on which the auspicia 
privata were taken, was in case of a marriage 
(Cic, Val. Max. U. cc.) ; and hence after private 
auspices had become entirely disused, the Romans, 
in accordance with their usual love of preserving 
ancient forms, were accustomed in later times to 
employ auspices in marriages, who, however, acted 
only as friends of the bridegroom, to witness the 
payment of the dowry and to superintend the 
various rites of the marriage. (Plaut. Cas. prol. 
85 ; Suet. Claud. 26 ; Tac. Ann. xi. 27.) The 
employment of the auspices at marriages was one 
great argument used by the patricians against 
connubium between themselves and the plebeians, 
as it would occasion, they urged, perturbationem 
auspiciorum publicorum privatorumque. (Liv. iv. 
2.) The possession of these private auspicia is 
expressed in another passage of Livy by privatim 
auspicia habere. (Liv. vi. 41.) In taking these 
private auspices, it would appear that any patrician 

* There can be no reasonable doubt that by 
patres in these passages the whole body of the 
patricians is meant, and not the senators, as 
Rubino asserts. (Comp. Becker, Rom Alterth. vol. 
ii. part i. p. 304, &c.) 



AUGUR. 



AUGUR. 



177 



was employed, who knew how to form lempla and 
was acquainted with the art of augury, and was 
therefore called auspex or augur : it does not ap- 
pear to have been necessary nor usual in such 
cases to have recourse to the public augurs, the 
members of the collegium, who are therefore 
frequently called augures publici, to distinguish 
them from the private augurs. (Cic. de Leg. ii. 8, 
ad Fam. vi. 6 ; Festus, s. v. quinque genera.) The 
case, however, was very different with respect to 
the auspicia publico, generally called auspicia 
simply, or those which concerned the state. The 
latter could only be taken by the persons who re- 
presented the state, and who acted as mediators 
between the gods and the state ; for though all 
the patricians were eligible for taking the auspices, 
yet it was only the magistrates who were in actual 
possession of them. As long as there were any 
patrician magistrates, the auspices were exclusively 
in their hands ; on their entrance upon office, they 
received the auspices (accipiebant auspicia, Cic. de 
Div. ii. 36) ; while their office lasted, they were 
in possession of them (halieliant or erant eorum 
uusjjiciu, Gell. xiii. 15) ; and at the expiration of 
their office, they laid them down (ponebant or de- 
poneltant auspicia, Cic. de Nat. Dcor. ii. 3). In 
case, however, there was no patrician magistrate, 
the auspices became vested in the whole body of 
the patricians, which was expressed by the words 
auspicia ad patres redeunt (Cic. Brut. 5.) This 
happened in the kingly period on the demise of a 
king, and the patricians then chose an interrex, 
who was therefore invested by them with the 
right of taking the auspices, and was thus enabled 
to mediate between the gods and the state in the 
election of a new king. In like manner in the 
republican period, when it was believed that there 
had been something faulty (vitium) in the auspices 
in the election of the consuls, and they were 
obliged in consequence to resign their office, the 
auspices returned to the whole body of the pa- 
tricians, who had recourse to an interregnum for 
the renewal of the auspices, and for handing them 
over in a perfect state to the new magistrates : 
hence we find the expressions repetere de integro 
auspicia and renovare jier interregnum ausjiicia. 
(Liv. v. 17, 31, vi. 1.) 

It will be seen from what has been said that 
the Roman state was a species of theocracy, that 
the gods were its rulers, and that it was by means 
of the auspices that they intimated their will to the 
representatives of the people, that is, the magis- 
trates. It follows from this, as has been already 
remarked, that no public act could be performed 
without consulting the auspices, no election could 
be held, no law passed, no war waged ; for a ne- 
glect of the auspires would have been equivalent to 
a declaration that the gods had ceased to rule the 
Roman state. 

There still remain three points in connection with 
the auspices which require notice: — 1. The rela- 
tion of the magistrates to the augurs in taking the 
auspices. 2. The manner in which the magistrates 
Reared the auspices. 3. The relation of the dif- 
ferent magistrates to one another with respect to 
the auspices. VV'c can only make a few brief re- 
marks upon each of these important matters, and 
must refer our read en for fuller information to the 
masterly discussion of Ilubino (Rom. Verfassung, 
p. 4I(, Sc.), to whom we arc indebted for a great 
part of the present article. 



1. The distinction between the duties of the 
magistrates and the augurs in taking the auspices 
is one of the most difficult points connected with 
this subject, but perhaps a satisfactory solution of 
these difficulties may be found by taking an his- 
torical view of the question. We are told not only 
that the kings were in possession of the auspices, 
but that they themselves were acquainted with 
the art and practised it. Romulus is represented 
to have been the best of augurs, and from him all 
succeeding augurs received the chief mark of their 
office, the lituus, with which that king exercised 
his calling. (Cic. de Div. L 2, ii. 17.; Liv. i. 10.) 
He is further stated to have appointed three augurs, 
but only as his assistants in taking the auspices, 
a fact which is important to bear in mind. (Cic. 
de Hep. ii. 9.) Their dignity gradually increased 
in consequence of their being employed at the 
inauguration of the kings, and also in consequence 
of their becoming the preservers and depositaries 
of the science of augury. Formed into a collegium, 
they handed down to their successors the various 
rules of the science, while the kings, and subse- 
quently the magistrates of the republic, were liable 
to change. Their duties thus became twofold, to 
assist the magistrates in taking the auspices, and 
to preserve a scientific knowledge of the art. They 
were not in possession of the auspices themselves, 
though they understood them better than the ma- 
gistrates ; the lightning and the birds were not 
sent to them but to the magistrates ; they dis- 
charged no independent functions either political 
or ecclesiastical, and are therefore described by 
Cicero as privati. (De Divin. i. 40.) As the 
augurs were therefore merely the assistants of the 
magistrates, they could not take the auspices 
without the latter, though the magistrates on the 
contrary could dispense with their assistance, as 
must frequently have happened in the appointment 
of a dictator by the consul on military expeditions 
at a distance from the city. At the same time it 
must be borne in mind, that as the augurs were 
the interpreters of the science, they possessed the 
right of declaring whether the auspices were valid 
or invalid, and that too whether they were present 
or not at the time of taking them ; and whoever 
questioned their decision was liable to severe 
punishment. (Cic. de fag. ii. 8.) They thus pos- 
sessed in reality a veto upon every important public 
transaction. It was this power which made the 
office an object of ambition to the most distin- 
guished men at Rome, and which led Cicero, him- 
self an augur, to describe it as the highest dignity 
in the state (de fag. ii. 12). The augurs frequently 
employed this power as a political engine to vitiate 
the election of such parties as were unfavourable 
to the exclusive privileges of the i«itricians. (Liv. 
vi. 27, viii. 23.) 

Hut although the augurs could declare that there 
was some fault in the auspices, yet, on the other 
hand, they could not, in favour of their office, de- 
clare that any unfavourable sign had appeared to 
them, since it wn» not to them that the auspices 
were sent. Thus we are told that the augurs did 
not possess the wpectio, that is, the right of taking 
the state-.'in-|.ii es. 'l*h in sjxrtii), of which we have 
alrgfldy briefly iipokrn, was of two kinds, one 
more extensive and the other more limited. In 
the one case the person, who exercised it, could 
put a stop to the proceedings of any other magis- 
trate by his obnuntiatio : this was called el 
N 



178 



AUGUR. 



AUGUR 



nuntiatio (perhaps also spectio cum nuntiatione), and 
belonged only to the highest magistrates, the con- 
suls, dictators, interreges, and, with some modifica- 
tions, to the praetors. In the other case, the person 
who took the causes only exercised the spectio in 
reference to the duties of his own office, and could 
not interfere with any other magistrate : this was 
called spectio sine nuntiatione, and belonged to the 
other magistrates, the censors, aediles, and quaes- 
tors. Now as the augurs did not possess the 
auspices, they consequently could not possess the 
spectio (habere spectionem) ; but as the augurs were 
constantly employed by the magistrates to take the 
auspices, they exercised the spectio, though they 
did not possess it in virtue of their office. When 
they were employed by the magistrates in taking 
the auspices, they possessed the right of the nun- 
tiatio, and thus had the power, by the declaration 
of unfavourable signs (obnuntiatio), to put a stop 
to all important public transactions (Cic. de Leg. 
ii. 12). In this way we are able to understand 
the assertion of Cicero (Philipp. ii. 32), that the 
augurs possessed the nuntiatio, the consuls and the 
other (higher) magistrates both the spectio and 
nuntiatio ; though it must, at the same time, be 
borne in mind that this right of nuntiatio only be- 
longed to them in consequence of their being em- 
ployed by the magistrates. (Respecting the passage 
of Festus, s. v. spectio, which seems to teach a dif- 
ferent doctrine, see Rubino, p. 58.) 

2. As to the manner in which the magistrates 
received the auspices, there is no reason to suppose, 
as many modern writers have done, that they were 
conferred upon them in any special manner. It 
was the act of their election which made them the 
recipients of the auspices, since the comitia, in 
which they were appointed to their office, were 
held auspicato, and consequently their appointment 
was regarded as ratified by the gods. The auspices, 
therefore, passed immediately into their hands 
upon the abdication of their predecessors in office. 
There are two circumstances which have given 
rise to the opinion that the magistrates received 
the auspices by some special act. The first is, that 
the new magistrate, immediately after the midnight 
on which his office began, was accustomed to observe 
the heavens in order to obtain a happy sign for 
the commencement of his duties (Dionys. ii. 6). 
But he did not do this in order to obtain the 
auspices ; he already possessed them, and it was 
in virtue of his possession of them, that he was able 
to observe the heavens. The second circumstance 
to which we have been alluding, was the inam/u- 
ratio of the kings on the Arx after their election 
in the comitia (Liv. i. 18). But this inauguration 
had reference simply to the priestly office of the 
king, and, therefore, did not take place in the case 
of the republican magistrates, though it continued 
in use in the appointment of the rex sacrorum and 
the other priests. 

3. The auspices belonging to the different magis- 
trates were divided into two classes, called auspicia 
maxima or majora and minora. The former, which 
belonged originally to the kings, passed over to the 
consuls on the institution of the republic, and like- 
wise to the extraordinary magistrates, the dictators, 
interreges, and consular tribunes. When the con- 
suls were deprived in course of time of part of their 
duties, and separate magistrates were created to 
discharge them, they naturally received the auspi- 
cia majora also : this was the case with the cen- 



sors and praetors. The quaestors and the curule 
aediles, on the contrary, had only the auspicia 
minora, because they received them from the con- 
suls and praetors of the year, and their auspices 
were derived from the majora of the higher ma- 
gistrates. (Messalla, op. Gell. xiii. 15.) 

It remains to trace the history of the college of 
augurs. We have already seen that it was a com- 
mon opinion in antiquity that the augnrship owed 
its origin to the first king of Rome, and it is ac- 
cordingly stated, that a college of three augurs was 
appointed by Romulus, answering to the number 
of the early tribes, the Ramnes, Tities, and Lu~ 
cerenses. This is the account of Cicero (de Rep. 
ii. 9), who supposed Numa to have added two 
more (ii. 14), without, however, stating in what 
way these latter corresponded to the tribes. On 
the other side stand different statements of Livy, 
first, one (iv. 4) which is probably an error, in 
which the first institution of augurs is attributed 
to Numa, seemingly on the theory that all the 
Roman religion was derived from the second king : 
secondly, a statement of far more importance (x. 6), 
that at the passing of the Ogulnian law the augurs 
were but four in number, which Livy himself, who 
recognised the principle of the number of augurs 
corresponding to that of the tribes, supposes to 
have been accidental. This is improbable, as 
Niebuhr has shown (Hist, of Rome, vol. iii. p. 
352), who thinks the third tribe was excluded 
from the college of augurs, and that the four, 
therefore, represented the Ramnes and Tities only. 
It is hard to suppose, however, that this supe- 
riority of the Ramnes and Tities over the third 
tribe could have continued down to the time of 
the Ogulnian law (b. c. 300) : moreover, as two 
augurs apiece were appointed from each of the two 
first tribes, and the remaining five from the plebs, 
it does not appear how the Luceres could ever have 
obtained the privilege. A different mode of re- 
conciling the contradictory numbers four and three 
is sought for in another statement of Cicero (de 
Div. i. 40), that the kings were augurs, so that 
after their expulsion another augur may have been 
added instead of them to the original number 
which represented the tribes. Probably this is 
one of the many cases in early Roman history in 
which the only conclusion we can come to is, that 
the theory of what ought to have been according 
to antiquarians of a later age differed from what 
actually was according to the earliest accounts to 
which Livy had recourse. 

The Ogulnian law (b.c. 300), which increased 
the number of pontiffs to eight, by the addition of 
four plebeians, and that of the augurs to nine by 
the addition of five plebeians, may be considered a 
sort of aera in Roman history. The religious dis- 
tinction between the two orders which had been so 
often insisted upon was now at an end, and it was 
no longer possible to use the auspices as a political 
instrument against the plebeians. The number of 
nine augurs which this law fixed, lasted down to 
the dictatorship of Sylla, who increased them to 
fifteen, a multiple of the original three, probably 
with a reference to the early tribes. (Liv. Spit. 
89.) A sixteenth number was added by Julius 
Caesar after his return from Egypt. (Dion Cass, 
xlii. 51.) 

The members of the college of augurs possessed 
self-election (cooptati). At first they were ap- 
pointed by the king, but as the king himself was 



AUGUR. 



AUGUST ALES. 



179 



an augur, their appointment by him was not con- 
sidered contrary to this principle. (Romulus coop- 
tavii augures, de Rep. ii. 9.) They retained the 
right of co-optation until B. c. 103, the year of 
the Domitian law. By this law it was enacted 
that vacancies in the priestly colleges should be 
filled up by the votes of a minority of the tribes, 
z. e. seventeen out of thirty-five chosen by lot. 
(Cic. de Leg. Ar/r. ii. 7 ; Veil. Pat. ii. 12 ; Suet 
Ner. 2.) The Domitian law was repealed by 
Sulla B.C. 81 (Pseudo-Ascon. in Cic. Din. p. 102, 
ed. Orclli), but again restored b. c. 63, during the 
consulship of Cicero, by the tribune T. Annius 
Labienus, with the support of Caesar (Dion Cass, 
xxx vii. 37). It was a second time abrogated by 
Antony B. c 44 (Dion Cass. xliv. 53) ; whether 
again restored by Hirtius and Pansa in their 
general annulment of the acts of Antony, seems 
uncertain. The emperors possessed the right of 
electing augurs at pleasure. 

The augurs were elected for life, and even if 
capitally convicted, never lost their sacred charac- 
ter. (Plin. Ep. iv. 8.) When a vacancy occurred, 
the candidate was nominated by two of the elder 
members of the college (Cic. Phil. ii. 2), the electors 
were sworn, and the new member was then so- 
lemnly inaugurated. (Cic. Brut. 1.) On such 
occasion there was always a splendid banquet given, 
at which all the augurs were expected to be present. 
(Cic. ad Fam. vii. 26, ad AH. xii. 13, 14, 15.) 
The only distinction in the college was one of age ; 
an elder augur always voted before a younger, even 
if the latter filled one of the higher offices in the 
state. (Cic. de Sen. 1 8.) The head of the college 
was called magister collegii. It was expected that 
all the augurs should live on friendly terms with 
one another, and it was a rule that no one was 
to be elected to the office, who was known to be an 
enemy to any of the college. (Cic. ad Fam. iii. 10.) 
The augur, who had inaugurated a younger member, 
was always to be regarded by the latter in the light 
of a parent (in parentis eum loco colere, Cic. 
Rrul. 1). 

As insignia of their office the augurs wore the 
traljea, or public dress (Scrv. ad Aen. vii. 612), 
and carried in their hand the lituus or curved wand. 
[IilTtruS.] On the coins of the Romans, who 
filled the office of augur, we constantly find the 
lituus, and along with it, not unfrequcntly, the 
eapis, an earthen vessel which was used by them 
in sacrifices. (Liv. x. 7 ; Varr. L.L. v. 121, ed. 
MUller.) Both of these instruments are seen in 
the annexed coin of Lentulus. 




The science of the augurs was called jus augurum 
and jus auguriiim, and was preserved in books 
OVM augundrs), which are frequently mentioned 
in the ancient writers. The expression for con- 
sulting the augurs was rej'rrre ad umpires, and 
their answers were called decrela or rarjumxi augu- 
rum. The science of augury had greatly declined 
in the time of Cicero ; and although he frequently 
deplores its neglect in his lie lUriuatione, yet neither 



he nor any of the educated classes appears to have 
had any faith in it. What a farce it had become 
a few years later is evident from the statement of 
Dionysius (ii. 6), who informs us that a new 
magistrate, who took the auspices upon the first 
day of his office, was accustomed to have an augui 
on his side, who told him that lightning had ap- 
peared on his left, which was regarded as a good 
omen, and although nothing of the kind had 
happened, this declaration was considered suffi- 
cient. ( Masco v, De Jure Ausjticii apud Romunos, 
Lips. 1721 ; Werther, De Auguriis Romanis, 
Lemgo, 1835 ; Crcuzer, Symbolik, voL ii. p. 935, 
&c. ; Muller, Elrusker, vol. ii. p. 110, &c. ; Har- 
tung, Die Religion der Romer, voL L p. 98, <Scc. ; 
Gb'ttling, Geschichte der Rom. Staatscerf. p. 1 !)8, &ic. ; 
Becker, Rom. Alterth. vol. ii. part i. p. 304 ; but 
above all Rubino, Rom. Ver/assung, p. 34, &c.) 
AUGURA'CULUM. [Augur, p. 176, a.] 
AUGURA'LE. [Augur, p. 176, a.] 
AUGUSTA'LES (sc. ludi, also called Augus- 
talia, sc. certamina, ludicra, and by the Greek 
writers and in Greek inscriptions, SegaoTa, 2c- 
Gao-iua, AlryovcrTaKia), were games celebrated in 
honour of Augustus, at Rome and in other parts 
of the Roman empire. After the battle of Actium, 
a quinquennial festival (Travrryvpts ireiT6T7)pi's) 
was instituted ; and the birthday (ytviBKia) of 
Augustus, as well as that on which the victory was 
announced at Rome, were regarded as festival davs. 
(Dion Cass. Ii. 19.) In the provinces, also, in 
addition to temples and altars, quinquennial games 
were instituted in almost every town. (Suet. Aug. 
59.) The Roman equitcs were accustomed of their 
own accord to celebrate the birthday of Augustus 
in every alternate year (Suet. Aug. 57) ; and the 
praetors, before any decree had been passed for the 
purpose, were also in the habit of exhibiting games 
every year in honour of Augustus. (Dion Cass, 
liv. 26, 30). It was not, however, till B. c. 1 1, that 
the festival on the birth-day of Augustus was for- 
mally established by a decree of the senate (Dion 
Cass. liv. 34), and it is this festival which is 
usually meant when the Augustalcs or Augustalia 
are mentioned. It was celebrated iv. Id. Octobr. 
At the death of Augustus, this festival assumed a 
more solemn character, was added to the Fasti, 
and celebrated to his honour as a god. (Tac. Ann. 
i. 13 ; Dion Cass. lvi. 46.) Hence, Tacitus speaks 
of it as first established in the reign of Tiberius 
(Ann. i. 54.) It was henceforth exhibited annually 
in the circus, at first by the tribunes of the plebs, 
at the commencement of the reign of Tiberius, but 
afterwards by the praetor pcrcgrinus. (Tacit Ann. 
i. 15 ; Dion Cass. lvi. 46.) These games con- 
tinued to be exhibited in the time of Dion Cassius, 
that is, about A. D. 230 (liv. 34). 

The augustalcs, or august-ilia, at Neapolis 
(Naples), were celebrated with great splendour. 
They were instituted in the lifetime of Augustus 
(Suet Aug. 98), and were celebrated every five 
years. According to Strabo (v. p. 246), who 
speaks of these games without mentioning their 
name, they rivalled the most magnificent of the 
Grecian festivals. They consisted of gymnastic 
and musical contests, and lasted for several davs. 
At these games tin- Emperor Claudius brought 
forward a (irrek comedy, and received the prize. 
(Suet. i'lnml. II ; compare Dion Cass. Iv. i'k) 

Augustalia (USaara) were nlso celebrated at 
Alexandria, as appears from an inscription in 
N 2 



180 AUGUSTALES. 



AURUM. 



Gruter (316. 2) ; and in this city there was a mag- 
nificent temple to Augustus (SeSatrrelbe, Augus- 
tale). We find mention of augustalia in numerous 
other places, as Pergamus, Nicomedia, &c. 

AUGUSTA'LES, the name of two classes of 
priests, one at Rome and the other in the muni- 
cipia, frequently mentioned in inscriptions. 

I. The Augustales at Rome, properly called sn- 
dales Augustales, which is the name they always 
bear in inscriptions, were an order of priests (Augus- 
talium sacerdotium) instituted by Tiberius to attend 
to the worship of Augustus and the Julia gens. 
They were chosen by lot from among the principal 
persons of Rome, and were twenty one in number, 
to which were added Tiberius, Drusus, Claudius, 
and Germanicus, as members of the imperial 
family. (Tacit, i. 54.) They were also called 
sacerdotes Augustales (Tacit. Ann. ii. 83) ; and 
sometimes simply Augustales. (Tacit. Hist. ii. 95.) 
Similar priests were appointed to attend to the 
worship of other emperors after their decease ; and 
we accordingly find in inscriptions mention made 
of the sodales Flavii, Hadrianales, Acliani, Anto- 
nini, &c. It appears that the flamines Augustales 
ought to be distinguished from the sodales Augus- 
tales. We find that flamines and sacerdotes were 
appointed, in the lifetime of Augustus, to attend to 
his worship ; but we have the express statements 
of Suetonius and Dion Cassius that this worship 
was confined to the provinces, and was not prac- 
tised in Rome, or in any part of Italy, during the 
lifetime of Augustus. (Tacit. Ann. i. 10 ; Suet. 
Aug. 52 ; Dion Cass. Ii. 20.) Women even were 
appointed priestesses of Augustus, as appears from 
an inscription in Gruter (320. 10) : this practice 
probably took its origin from the appointment of 
Livia, by a decree of the senate, to be priestess to 
her deceased husband. (Dion Cass. lvi. 46.) It 
seems probable that the sodales Augustales were 
entrusted with the management of the worship ; 
but that the flamines Augustales were the persons 
who actually offered the sacrifices and performed 
the other sacred rites. A member of the sodales 
Augustales was sometimes a flamen also (Orelli, 
Jnscrip. 2366, 2368) ; and it is not improbable 
that the flamines were appointed by the sodales. 

II. The Augustales in the municipia are sup- 
posed by most modern writers, in consequence of the 
statement of the scholiast on Horace (Sat. ii. 3. 281 ), 
to have been a class of priests selected by Augustus 
from the libertini to attend to the religious rites 
connected with the worship of the Lares, which 
that emperor was said to have put up in places 
where two or more ways met. (Orelli, Inscrip. 
vol. ii. p. 1 97.) But A. W. Zumpt, in an excellent 
essay on this subject, brings forward good reasons 
for rejecting this opinion. [Compar. Commtaua.] 
He thinks it much more probable that this order 
of priests was instituted in the municipia in imita- 
tion of the Augustales at Rome, and for the same 
object, namely, to attend to the worship of Augustus. 
From the numerous inscriptions in which they are 
mentioned, we learn the following facts respecting 
them. They formed a collegium and were ap- 
pointed by the deeuriones, or senate of the muni- 
cipia. They were generally libertini, which is 
easily accounted for by the fact, that none but the 
freeborn (ingenui), could obtain admission into the 
curia of the municipia; and as there seem to have 
been many expences connected with the discharge 
of the duties of the Augustales, the deeuriones 



I would not be anxious to obtain this distinction, 
while the libertini on the contrary, who were 
generally a wealthy class and were not invested 
with any honour, would naturally covet it. The 
Augustales ranked next in dignity to the deeu- 
riones; and as they were mostly men of property, 
they came in course of time to form a middle class 
between the deeuriones and plebs, like the eques- 
trian order at Rome. Thus, in the inscriptions of 
many municipia, we find the deeuriones, Augus- 
tales, and plebs, mentioned together as the three 
classes into which the community was divided. 
The six principal members of the college were 
called Seviri, a title which seems to have been 
imitated from the Seviri in the equestrian order 
at Rome. (Egger, Eocamen Critique des Historiens 
anciens de la Vie et du Regne d , Auguste, Paris, 1 844, 
Appendix II., treats of the Augustales ; but see 
especially A. W. Zumpt, De Augustalibus et Seviris 
Augustalibus Commentatio Epigraphica, Berol. 
1846.) 

AUGUSTUS, a name bestowed upon Octa- 
vianus in B. c. 27, by the senate and the Roman 
people. It was a word used in connection with 
religion, and designated a person as sacred and 
worthy of worship ; hence the Greek writers trans- 
late it by 2ega<TT<is. (Dion Cass. liii. 16, 18 ; 
Suet. Aug. 7 ; Veil. Pat. ii. 91 ; Flor. iv. 12 ; 
Oros. vi. 20 ; Censorin. 22 ; Ov. Fast. i. 607.) It 
was not a title indicative of power, but simply a 
surname ; and is hence called by Suetonius (Tib. 26) 
nomen hereditarium. It was, however, borne not 
only by Tiberius and the other emperors con- 
nected with the family of Augustus, but was like- 
wise adopted by all succeeding emperors, as if 
descended, either by birth or adoption, from the 
first emperor of the Roman world (in ejus nomen 
velut quadam adoptione aut jure hereditaria succe- 
dere, Lamprid. Alex. Sever. 10). The name of 
Augusta was frequently bestowed upon females of 
the imperial family, the first instance of which 
occurs in the case of Livia, who received this title 
upon her adoption into the Julia gens on the death 
of her husband Octavianus (Tac. Ann. i. 8) ; but 
Augustus belonged exclusively to the reigning em- 
peror till towards the end of the second century 
of the Christian aera, when M. Aurelius and L. 
Verus both received this surname (Spartian. Ael. 
Verus, 5, M. Ant. Phil. 7). From this time we 
frequently find two or even a greater number of 
Augusti; and though in that and in all similar cases 
the persons honoured with the title were regarded 
as participators of the imperial power, still the one 
who received the title first was looked upon as the 
head of the empire. When there were two Au- 
gusti we find on coins and inscriptions A V G G, 
and when three A V G G G. From the time of 
Probus the title became perpetuus Augustus, and 
from Philippus or Claudius Gothicus semper Au- 
gustus, the latter of which titles was borne by the 
so-called Roman emperors in Germany. (Eckhel, 
vol. viii. p. 354, &c.) [Caesar.] 

A VI A'RIUM. [Agricultura, p. 68, b.] 

AULA. [Domus.] 

AULAEUM. [Siparium.] 

AU'REUS. [Aurum.] 

AURI'GA. [Circus.] 

AURUM (xpvff6s), gold. The remarks made 
under Argentum apply to a great extent to gold 
as well as silver, and the sources of information 
respecting both the precious metals are specified in 



AURL'M. 



AURUM. 



181 



that article. It would appear from a passage in the 
Antigone (v. 1038), that in the time of Sophocles 
gold was rare at Athens. Indeed throughout the 
whole of Greece, though gold was by no means un- 
known, it appears to have been obtained chiefly 
through the Greek cities of Asia Minor, and the 
adjacent islands, which possessed it in abundance. 
The Homeric poems speak constantly of gold as 
being laid up in treasuries, and used in large quan- 
tities for the purposes of ornament ; but this is 
sufficiently accounted for by the fact that Homer 
was an Asiatic Greek. The chief places from 
which the Greeks procured their gold were India, 
Arabia, Armenia, Colchis, and Troas. It was 
found mixed with the sands of the Pactolus and 
other rivers. 

Almost the only method of purifying gold, known 
to the ancients, seems to have been that of grinding 
and then roasting it, and by this process they suc- 
ceeded in getting it very pure. This is what we 
are to understand by the phrase xP"<ri'ou airitpQov 
in Thucydides (ii. 13), and by the word oOrussam 
in Pliny (//. N. xxxiii. 3. s. 19), and elsewhere 
(Forcellini a. v. obrussa). Respecting the use of 
gold in the fine arts, especially in the chrysele- 
phantine statues, see Toreltice. The art of 
gilding was known to the Greeks from the earliest 
times of which we have any information. (Horn. 
Od. iii. 425, vi. 232; Plin. H. tf. xxxiii. 3. s. 19, 
6. s. 32.) 

Greek Gold Money. — The time when gold 
was first coined at Athens is very uncertain. 
Aristophanes speaks in the Frogs (406 B. c.) of to 
Kaivhv xP J<r ^ 0V y "the new gold money " (v. 719), 
which he immediately afterwards calls noirnpo. 
XaAxi'a (v. 724). The Scholiast on this passage 
states that in the preceding year the golden statues 
of Victory had been coined into money, and he 
quotes Hellanicus and Philochorus as authorities 
for this statement. It would appear from the lan- 
guage both of Aristophanes and the Scholiast, and 
it is probable from the circumstances of Athens at 
the time (it was the year before the battle of 
Acgospotami), that this was a greatly debased gold 
coinage, or perhaps only gilt money, struck to meet 
a particular exigency. This matter is distinct from 
the general question respecting the Athenian gold 
coinage, for the Attic money was proverbial for its 
purity, and the grammarians, who state that Athens 
had a gold coinage at an early period, speak of it 
as very pure. There are other passages in Aristo- 
phanes in which gold money is spoken of ; but in 
them he is referring to Persian money, which is 
known to have been imported into Athens before 
the Athenians had any gold coinage of their own, 
and even this seems to have been a rarity. (Sec 
Aristoph. Acharn. v. 102, 108, Eqmt v. 470, 
Av. v. 574.) Demosthenes always uses ipyvp'tov 
for money, except when he is speaking of foreign 
gold. In the speech against I'hnnnio, where he 
repeatedly uses the word X9 uai0v i wc arc expressly 
told what was the money he referred to, namely, 
120 staters of Cyzicus (p. 914 ; compare his speech 
irpii haxpW. p. 935). Isocrateg, who uses the 
word in the same way, speaks in one passage of 
buying gold money (xpvcrwvuv) in exchange for 
silver (Trapezit. p. 3C7). In many passages of the 
orators, gold money is expressly said to have bnn 
imported from Persia and Macedonia. If we look 
at the Athenian history, we find that the silwr 
mines at Ijnurion were regarded as one of the 



greatest treasures possessed by the state ; but no 
such mention is made of gold. Thucydides (ii. 13) 
in enuniorating the money in the Athenian trea- 
sury at the beginning of the Peloponnesian w ar, 
does not mention gold ; and Xenophon speaks of 
the money of Athens in a manner which would 
lead us to suppose that it had no gold coinage in 
his time (Vectigal, iv. 10). The mines of Scapte- 
byle, in Thrace, were indeed worked some years 
before this period (Thucyd. iv. 105) ; but the gold 
procured from them does not appear to have been 
coined, but to have been laid up in the treasury in 
the form of counters (<p6o7Ses, Bbckh, Inscrip. vol. i. 
pp. 145, 146). Foreign gold coin was often brought 
into the treasury, as some of the allies paid their 
tribute in money of Cyzicus. The gold money thus 
introduced may have been allowed to circulate, 
while silver remained the current money of the state. 

The character of the Attic gold coins now in 
existence, and their small number (about a dozen), 
is a strong proof against the existence of a gold 
currency at Athens at an early period. There are 
three Attic staters in the British Museum, and one 
in the Hunterian Museum at Glasgow, which there 
is good reason to believe are genuine ; their weights 
agree exactly with the Attic standard. In the 
character of the impression they bear a striking 
resemblance to the old Attic silver ; but they differ 
from it by the absence of the thick bulky form, and 
the high relief of the impression which is seen in 
the old silver of Athens, and in the old gold coins 
of other states. In thickness, volume, and the 
depth of the die from which they were struck, they 
closely resemble the Macedonian coinage. Now, 
as upon the rise of the Macedonian empire, gold 
became plentiful in Greece, and was coined in 
large quantities by the Macedonian kings, it is not 
improbable that Athens, like other Grecian states, 
may have followed their example, and issued a gold 
coinage in imitation of her ancient silver. On the 
whole, it appears most probable that gold money 
was not coined at Athens in the period between 
Pericles and Alexander the Great, if we except the 
solitary issue of debased gold in the year 407. 

A question similar to that just discussed arises 
with respect to other Greek states, which we know 
to have had a silver currency, but of which a fewgold 
coins are also found. This is the case with Aegina, 
Thebes, Argos, Carysrus in Euboea, Acamania, 
and Aetolia. But of these coins all, except two, 
bear evident marks, in their weight or workman- 
ship, of belonging to a period not earlier than 
Alexander the Great. There is great reason, there- 
fore, to believe that no gold coinage existed in 
Greece Proper before the time of that monarch. 

But from a very early period the Asiatic nations, 
and the Greek cities of Asia Minor and the adja- 
ccnt islands, as well as Sicily and Cyrcne, pos ses s e d 
a gold coinage, which was more or less current in 
Greece. Herodotus (i. 94) says that the I.ydinns 
were the first who coined gold, and the stater of 
Croesus appears to have been the earliest gold coin 
known to the fire. ks. The Daric was a Persian 
coin. StaU-rs of Cyzicus and Phocaea had a con- 
siderable currency in Greece. There was a gold 
coinage in Sanini as early as the time of I'olycmtcs. 
(Hemd. iii. 56.) The islands of Siphnos nnd 
Thaaos, which possessed gold mines, npprnr to have 
hud a gold coinage at an early period. In most of 
tin- ruins of tli • (ireek cities of Asia Minor the 
ractal is verv base. The Macedonian gold coinage 
N 3 



182 



AURUM. 



AUSPICIUM. 



came into circulation in Greece in the time of 
Philip, and continued in use till the subjection of 
Greece to the Romans. [Daricus; Stater.] 

Roman Gold Money. — The standard gold 
coin of Rome was the aureus nummus, or denarius 
aureus, which, according to Pliny {H.N. xxxiii. 3. 
s. 13) was first coined 62 years after the first silver 
coinage [Argentum], that is in the year 207 B.C. 
The lowest denomination was the scrupulum, which 
was made equal to 20 sestertii. The weight of the 
scrupulum, as determined by Mr. Hussey (Ancient 
Weights and Money) was 18"06grs. In the British 
Museum there are gold coins of one, two, three, 
and four scrupula, the weights of which are 17 '2, 
34'S, 51"8, and 68'9 grains respectively. They 
bear a head of Mars on one side, and on the other 
an eagle standing on a thunderbolt, and beneath 
the inscription " Roma. 1 ' The first has the mark 
xx (20 sestertii) ; the second, xxxx (40 sestertii) ; 
the third, sj/ x (60 sestertii). Of the last we sub- 
join an engraving: — 




Pliny adds that afterwards aurei were coined of 
40 to the pound, which weight was diminished, 
till under Nero (the reading of this word is doubt- 
ful) they were 45 to the pound. This change is 
supposed, from an examination of extant specimens, 
to have been made in the time of Julius Caesar. 
The estimated full weight of the aurei of 40 to the 
pound is 130'1 grains, of those of 45 to the pound 
H5 - 64 grains. No specimens exist which come 
up to the 130T grains ; the heaviest known is one 
of Pompey, which weighs 128'2 grains. The aver- 
age of the gold coins of Julius Caesar is fixed by 
Letronne at 125'66 grains, those of Nero 115"39 
grains. Though the weight of the aureus was 
diminished, its proportion to the weight of the de- 
narius remained about the same, namely, as 2 : 1 
(or rather, perhaps, as 2'1 : 1). Therefore since 
the standard weight of the denarius, under the 
early emperors, was 60 grains, that of the aureus 
should be 120. The average weight of the aurei 
of Augustus, in the British Museum, is 121 '26 
grains : and as the weight was afterwards dimi- 
nished, we may take the average at 120 grains. 
There seems to have been no intentional alloy in 
the Roman gold coins, but they generally contained 
a small portion of native silver. The average alloy 
is j^j. The aureus of the Roman emperors, therefore, 
contained J§§ = - 4 of a grain of alloy, and there- 
fore U9'6 grains of pure gold. Now a sovereign 
contains 113'12 grains of pure gold. Therefore the 
value of the aureus in terms of the sovereign is 
Til : fi = 1"0564= U. Is. Id. and a little more 
than a halfpenny. This is its value according to 
the present worth of gold ; but its current value in 
Rome was different from this, on account of the dif- 
ference in the worth of the metal. The aureus 
passed for 25 denarii ; therefore, the denarius 
being 8\d., it was worth 17s. 8^i. The ratio of the 
value of gold to that of silver is given in the article 
Argentum. The following cut represents an 
aureus of Augustus in the British Museum, which 
weighs 121 grains. 




Alexander Severus coined pieces of one-half and 
one third of the aureus, called Semissis and tremis- 
sis (Lamprid. Alerr. Sev. c. 39), after which time 
the aureus was called solidus. 

Constantine the Great coined aurei of 72 to the 
pound ; at which standard the coin remained to 
the end of the empire. (Cod. x. tit. 70. s. 5 ; 
Hussey, On Ancient Weights and Money • Wurm. 
De Pond. &c.) [P. S.] 

AURUM CORONA'RIUM. When a general 
in a Roman province had obtained a victory, it 
was the custom for the cities in his own provinces, 
and for those from the neighbouring states, to send 
golden crowns to him, which were carried before 
him in his triumph at Rome. (Liv. xxxviii. 37, 
xxxix. 7; Festus, s. v. Triumphales Coronae.) This 
practice appears to have been borrowed from the 
Greeks ; for Chares related, in his history of Alex- 
ander (ap. Athen. xii. p. 539. a.), that after the 
conquest of Persia, crowns were sent to Alex- 
ander, which amounted to the weight of 10,500 
talents. The number of crowns which were sent 
to a Roman general was sometimes very great. 
Cn. Manlius had 200 crowns carried before him in 
the triumph which he obtained on account of his 
conquest of the Gauls in Asia. (Liv. xxxix. 7.) 
In the time of Cicero, it appears to have been 
usual for the cities of the provinces, instead of 
sending crowns on occasion of a victory, to pay 
money, which was called aurum coronarium. (Cic. 
Leg. Agr. ii. 22 ; Gell. v. 6 ; Monum. Ancyr.) 
This offering, which was at first voluntary, came 
to be regarded as a regular tribute, and seems to 
have been sometimes exacted by the governors of 
the provinces, even when no victory had been 
gained. By a law of Julius Caesar (Cic. in Pis. 
37), it was provided that the aurum coronarium 
should not be given unless a triumph was decreed ; 
but under the emperors it was presented on many 
other occasions, as, for instance, on the adoption of 
Antoninus Pius. (Capitolin. Anton. Pius, c. 4.) It 
continued to be collected, apparently as a part of 
the revenue, in the time of Valentinian and Theo- 
dosius. (Cod. 10. tit. 74.) 

Servius says (ad Virg. Aen. viii. 721), that 
aurum coronarium was a sum of money exacted 
from conquered nations, in consideration of the 
lives of the citizens being spared ; but this state- 
ment does not appear to be correct. 

AURUM LUSTRA'LE was a tax imposed by 
Constantine, according to Zosimus (ii. 38), upon 
all merchants and traders, which was payable at 
every lustrum, or every four years, and not at every 
five, as might have been expected from the original 
length of the lustrum. This tax was also called 
auri et argenti collatio or praestatio, and thus in 
Greek f] owreAeict t) tov xp v(ra pyvp ov - (Cod. 11. 
tit. 1 ; Cod. Theod. 13. tit. 1.) 

AURUM VICESIMA'RIUM. [Aerarium, 
p. 23, b.] 

AUSPEX. [Augur.] 

AUSPI'CIUM. [Augur.] 



AX ONES. 



BALNEAJE. 



183 



AUTHE'NTICA. [Xovellae.] 
AUTHEPSA (oWe^ijs), which literally means 
" self-boiling " or " self-cooking," was the name of 
a vessel, which is supposed by Bbttiger to have 
been used for heating water, or for keeping it hot 
Its form is not known for certain ; but Bbttiger 
(Sahina, vol. iL p. 30) conjectures that a vessel, 
which is engraved in Caylu3 (Hecueil d'Antiijuiles, 
vol. iL tab. "27), is a specimen of an authepsa. 
Cicero (pro Rose. Amerin. 46) speaks of authepsae 
among other costly Corinthian and Delian vessels. 
In later times they were made of silver. (Lam- 
prid. Heliogab. 19; but the reading is doubtful.) 
The cacatus seems to have been a vessel of a 
similar kind. 

AUTOMOLIAS G RAPHE' (aJro^oXfos 
ypaifrf)), the accusation of persons charged with 
having deserted and gone over to the enemy during 
war (Pollux, vi 151). There are no speeches 
extant upon this subject. Petitus, however, col- 
lects (Ley. Alt. p. 674) from the words of a com- 
mentator upon Demosthenes (Ulpian), that the 
punishment of this crime was death. Meier (Alt. 
Proc. p. 365) awards the presidency of the court in 
which it was tried to the generals ; but the circum- 
stance of persons who left the city in times of 
danger without any intention of going over to the 
enemy, being tried by the Areiopagus as traitors 
(Lycurg. c. Leocrat. p. 177), will make us pause 
before we conclude that persons not enlisted as 
soldiers could be indicted of this offence before a 
military tribunal. [J. S. M.J 

AUTO'NOMI (aur6i/ofiot), the name given 
by the Greeks to those states which were governed 
by their own laws, and were not subject to any 
foreign power. (Thuc. v. 18, 27 ; Xcn. //ell. v. 1. 
§ 31.) This name was also given to those cities 
subject to the Romans, which were permitted to 
enjoy their own laws, and elect their own magis- 
trates (Omnes, suit legiljim et judiciis vsae, oXnovo- 
fuav u/le/ilae, reviierunt, Cic. Ad AU. vi. 2). 
This permission was regarded as a great privilege, 
and mark of honour ; and we accordingly find it 
recorded on coins and medals, as, for instance, on 
those of Antioch ANTlOXEilN MHTPOnOA. 
ATTONOMOT, on those of Ualicamassus AAIKAP- 
NACCEflN ATTONOMflN, and on those of many- 
other cities. (Spanhcim. /Je Pruesl. et 6Vu A'u- 
mism. p. 78!). Amst. 1671.) 

AVU'LSIO. fCoNFUsio.] 

AUXIUA'RES. [SociL.] 

AX AMENTA [Saul] 

AXINE (d^i'nj). [Securis.] 

AXIS. [Currus.] 

A'XONES (Shoves), also called kurljria (nvp- 
Ctif), wooden tablets of a square or pyramid ical 
form made to turn on an axis, on which were 
written the laws of Solon. According to some 
writers the Axonet contained the civil, and the 
Knrlirin thi- religious laws ; according to others the 
Kurlxis had four sides nnd the Anmu three sides. 
Hut .it Athens, at all events, they must have been 
identical, since such is the statement of Aristotle 
(»/>. I'lul. Sol. 25). They were at first preserved 
in the acropolis, but were afterwards placed, 
through the ndvice of Kphialtes, in the agon, in 
Order that all persons might be able to rend them. 
A small portion of them was preserved in the lime 
of Plutarch in the prytaneium. (Pint. .V"'. 25 ; 

Srhol. ml Aristoph. .{<: 1360; Scl.ol. 'id .(/-.'/. 

Vi'W. iv. 200; HarpocraL <5 kwtwQiv vi/ios; Her- 



mann, Grieclt. Staatsalterlh. § 107, n. 1 ; AVachs- 
muth Hell. Alterthumsk. vol. i. p. 491, 2nd ed.) 



B. 

BACCHANA'LIA. [Dio.nvsia.] 

BAKTE'RIA (^aKT-qpia), a staff borne by the 
dicasti at Athens. [Dicastes.] 

BA'LATRO, a professional jester, buffoon, or 
parasite. (Hor. Sat. i. 2. 2.) In Horace (Sat ii. 
8. 21) Balatro is used as a proper name — Servilins 
Balatro. An old Scholiast, in commenting on this 
word, derives the common word from the proper 
names ; buffoons being called balatrones, because 
.Sen ilius Balatro was a buffoon : but this is op- 
posed to the natural inference from the former pas- 
sage, and was said to get rid of a difficulty. Festus 
derives the word from blatea, and supposes buffoons 
to have been called balatrones, because they were 
dirty follows, and were covered with spots of mud 
(btateae), with which they got spattered in walking; 
but this is opposed to sound etymology and com- 
mon sense. Another writer has derived it from 
barathrum, and supposes buffoons to have been 
called balatrones, because they, so to speak, carried 
their jesting to market, even into the very depth 
(Ixiratlirum) of the shambles (baratltrum mace/li, 
Hot. Hp. i. 15. 31). Perhaps balatro may be 
connected with lala-re (to bleat like a sheep, and 
hence) to speak sillily. It is probably connected 
with Ualero, a busy-body. (GelL i. 15.) Ba'a- 
trones were paid for their jests, and the tables of 
the wealthy were generally open to them for the 
sake of the amusement thev afforded. [A. A.] 

BALISTA. ITormentum.] 

BA'LNEAE, liu/ineac, Ualneum, lialineum, 
Thermae (acdfiityBos, f3a\av(7ov, Ko(Tp6v,Kovrp6v). 
These words are all commonly translated by our 
general term bath or baths ; but in the writings 
of the earlier and better authors they arc used 
with discrimination. lialneum or Ixdineum, which 
is derived from the Greek fia\aveiov ( Yarro, He 
Ling. ImI. ix. 68, ed. Muller), signifies, in its 
primary sense, a bath or bathing-vessel, such as 
most persons of any consequence amongst the Ro- 
mans possessed in their own houses (Cic. Ad Alt. 
ii. 3), and hence the chamber which contained the 
bath (Cic. Ad Flam, xiv. 20), which is also the 
proper translation of the word Italnearium. The 
diminutive Ixdncolum is adopted by Soneca (lip. 
86) to designate the bath-r oin of Scipio, in the 
villa at Litemum, and is expressly used to cha- 
racterise the modesty of republican manners as 
compared with the luxury of his own times. But 
when the baths of private individuals became more 
sumptuous, and comprised many rooms, instead of 
the one small chamber described by Seneca, the 
plural Ixihiea or Indium was adopted, which still, 
in correct language, had reference only to the baths 
of private persona. Thus Cicero term* the bath* 
at the villa of his brother Quintus (Ad Q. FraL iii. 
1. 8 1) Imlnearia. ■ /inliune and Ixilineiie, which 
areorilini; to Vnrro (/Je Ling. /sit. viii. 25, ix. 41, 
ed. Muller) have no singular number*, were the 
public baths. Thus Cicero (Pro C'ael. 25) speaks 
of bnfatni Srnms, balittai ptilictu, and in wttifrulo 



• lialncn i», however, used in the »ingulnr to de- 
signate a private bath in an inscription quoted by 
Kcincsius. (Inter, xi. 115.) 

H 4 



184 



BALNEAE. 



BALNEAE. 



balnearum (lb. 26), and Aulus Gellius (iii. 1, x. 3) 
of balneas Sitias. But this accuracy of diction is 
neglected by many of the subsequent writers, and 
particularly by the poets, amongst whom balnea is 
not uncommonly used in the plural number to sig- 
nify the public baths, since the word balneae could 
not be introduced in an hexameter verse. Pliny 
also, in the same sentence, makes use of the neuter 
plural balnea for public, and of balneum for a private 
bath. (Ep. ii. 17.) Tliermae (Stipfiai, hot springs) 
meant properly warm springs, or baths of warm 
water ; but came to be applied to those magnificent 
edifices which grew up under the empire, in place 
of the simple balneae of the republic, and which 
comprised within their range of buildings all the 
appurtenances belonging to the Greek gymnasia, 
as well as a regular establishment appropriated for 
bathing. (Juv. Sat. vii. 233). Writers, however, 
use these terms without distinction. Thus the 
baths erected by Claudius Etruscus, the freedman 
of the Emperor Claudian, are styled by Statius 
(Sylv. i. 5. 13) balnea, and by Martial (vi. 42) 
Etrusei tkermulae. In an epigram by Martial (ix. 
76) — subice balneum thermis — the terms are not 
applied to the whole building, but to two different 
chambers in the same edifice. 

Greek Baths. — Bathing was a practice familiar 
to the Greeks of both sexes from the earliest times, 
both in fresh water and salt, and in the natural 
warm springs, as well as vessels artificially heated. 
Thus Nausicaa, daughter of Alcinous, king of 
Phaeacia, goes out with her attendants to wash 
her clothes ; and after the task is done, she bathes 
herself in the river. (Od. vi. 58, 65.) Ulysses, 
who is conducted to the same spot, strips and takes 
a bath, whilst Nausicaa and her servants stand 
aside. (Od. vi. 210 — 224.) Europa also bathes 
in the river Anaurus (Mosch. Id. ii. 31), and Helen 
and her companions in the Eurotas. (Theocr. Id. 
vii. 22.) Warm springs were also resorted to for 
the purpose of bathing. The 'HpdnXeia \ovrpa. 
shown by Hephaestus or Athena to Hercules are 
celebrated by the poets. Pindar speaks of the hot 
baths of the nymphs — Sep/J-a. Nv/xcpav \ovrpa 
(Oli/mp. xii. 27), and Homer (II. xxii. 149) cele- 
brates one of the streams of the Scamander for its 
warm temperature. The artificial warm bath was 
taken in a vessel called a06.fj1.w6os by Homer, and 
zfigaais by Athenaeus (i. p. 25). It would ap- 
pear from the description of the bath administered 
to Ulysses in the palace of Circe, that this vessel 
did not contain water itself, but was only used for 
the bather to sit in while the warm water was 
poured over him, which was heated in a large 
caldron or tripod, under which the fire was placed, 
and when sufficiently warmed, was taken out in 
other vessels and poured over the head and 
shoulders of the person who sat in the aaajxivBus. 
(Od. x. 359 — 365.) Where cleanliness merely was 
the object sought, cold bathing was adopted, which 
was considered as most bracing to the nerves 
(Athen. I. c.) ; but after violent bodily exertion or 
fatigue warm water was made use of, in order to 
refresh the body, and relax the over tension of the 
muscles, (7c!. ib. ; comp. Horn. II. x. 576, Od. iv. 
48, et alibi. '1 

The atraiAivBos was of polished marble, like the 
basins (labra) which have been discovered in the 
Roman baths, and sometimes of silver. Indul- 
gence in the warm bath was considered, in Homer's 
time, a mark of effeminacy (Od. viii. 248). 



The use of the warm bath was preceded by bath- 
ing in cold water (II. x. 576). The later custom of 
plunging into cold water after the warm bath men- 
tioned by Aristeides (vol. i. Oral. 2. Sacr. Serm. 
p. 515), who wrote in the second century of our 
era, was no doubt borrowed from the Romans. 

After bathing, both sexes anointed themselves 
with oil, in order that the skin might not be left 
harsh and rough, especially after warm water. 
(Od. vi. 96 ; Athen. I. c. ; Plin. H. N. xiii. 1. ; 
see also II. xiv. 172, xxiii. 186.) The use of pre- 
cious unguents (fivpa) was unknown at that early 
period. In the heroic ages, as well as later times, 
refreshments were usually taken after the bath. 
(Od. vi. 97.) 

The Lacedaemonians, who considered warm 
water as enervating and effeminate, used two 
kinds of baths ; namely, the cold daily bath in the 
Eurotas (Xen. Hell. v. 4. § 28 ; Plut. Ale. 23), 
and a dry sudorific bath in a chamber heated with 
warm air by means of a stove (Dion Cass. liii. 
p. 515, ed. Hannov. 1606) ; and from them the 
chamber used by the Romans for a similar purpose 
was termed Laconicum (compare Strabo, iii. p. 413, 
ed. Siebenkees, and Casaub. ad he). 

At Athens the frequent use of the public baths 
was regarded in the time of Socrates and De- 
mosthenes as a mark of luxury and effeminacy. 
(Demosth. c. Polycl. p. 1217.) Accordingly Pho- 
cion was said to have never bathed in a public 
bath (iv fiaXavdw S-q/jtoo-tevovTi, Plut. Phoe. 4), 
and Socrates to have made use of it very seldom. 
(Plato, Symp. p. 174.) It was, however, only the 
warm baths (fiahave7a, called by Homer &ep/j.a 
Aovrpa) to which objection was made, and which 
in ancient times were not allowed to be built 
within the city. (Athen. i. p. 18, b.) The esti- 
mation in which such baths were held, is ex- 
pressed in the following lines of Hermippus (ap. 
Athen. I. c.) 

Mi top A", oil fiivToi fiedveiv tov &vSpa xP'h 
rhv ayaBbv, ovSk Srep/j.o/\ovTe?v, & ah iroieis. 

In the Clouds of Aristophanes the 8'ikcuos \6yos 
warns the young man to abstain from the baths 
(f)a\aveia>v airixto-dai, 1. 978), which passage, com- 
pared with 1. 1028 — 1037, shows that warm baths 
are intended by the word fia\ave7a. 

The baths (fiaXave'ia) were either public (877- 
fx6o-ia, oyijxoaievovra) or private (75ia, iSiariKa). 
The former were the property of the state, but the 
latter were built by private individuals, and were 
opened to the public on the payment of a fee 
(i-wlXovrpov). Such private baths are mentioned 
by Plutarch (Demetr. 24) and Isaeus (Be Dieaeog. 
her. p. 101), who speaks of one which was sold for 
3000 drachmae. (De Phihel. her. p. 140.) Baths 
of this kind may also have been intended some- 
times for the exclusive use of the persons to whom 
they belonged. (Xen. Rep. Ath. ii. 10.) A small 
fee appears to have been also paid by each person 
to the keeper of the public baths (0a\avevs), which 
in the time of Lncian was two oboli. (Lucian, 
Leripl. 2. vol. ii. p. 320.) 

We know very little of the baths of the Athe- 
nians during the republican period ; for the account 
of Lucian in his Hippias relates to baths con- 
structed after the Roman model. On ancient vases, 
on which persons are represented bathing, we never 
find any thing corresponding to a modern bath in 
which persons can stand or sit ; but there is always 



BALNEAE. 



BALXEAE. 



185 



a round or oval basin (Aourfy) or \ovrr\piov rest- 
ing on a stand {inr6aTarov), by the side of which 
those who are bathing are represented standing 
undressed and washing themselves, as is seen in 
the following woodcut taken from Sir W. Hamil- 
ton's vases. (Tischbein, i. pi. 58.) The word 
AHM02IA upon it shows that it belonged to a 
public bath. 




The next woodcut is also taken from the same 
work (i. pi. 59), and represents two women bath- 
ing. The one on the right hand is entirely naked, 
■nd holds a looking glass in her right hand ; the one 
on the left wears only a short kind of x l ""*viov. Eros 
is represented hovering over the bathing vessel. 




Besides the Aoi/ttjp«i and Kovr-fipia there were 
also the vessels for bathing, large enough for per- 
sons to sit in, which, as suited above, arc called 
iutamvKt by Homer and itvtKoi by the later 
Greeks fSchol. ad Aristoph. /■Jr/itit. 1055 ; Hcsych. 
f. c. nuaAoi j Pollux, vii. 166, 1G8). In the 
baths there was also a kind of sudorific or vapour 
bath called wvpia or irupiar^ptoi', which is men- 
tioned as enrly as the time of Herodotus (iv. 75). 
(Compare Pollux, vii. lu'8 ; Athcn. v. p. 207, f., 
xii. p. 519, e. ; Plot Cim. 1.) 

The persons who bathed probably brought with 
them strigils, oil, and towels. The strigil, which 
was called by the Greeks (rrAf-yy/j or {uirrpo, 
was usually made of iron, but sometimes also of 
other materials. (Pint, Inst, [sir. 32 ; Aelian, 
xii. 29.) One of the figures in the preceding 
woodcut is represented with a strigil in his hund ; 



several strigils are figured below. The Greeks 
also used ditferent materials for cleansing or wash- 
ing themselves in the bath, to which the general 
name of frvfifia was given, and which were sup- 
plied by the fia\avevs. (Aristoph. Lysistr. 377.) 
This pvfifMa usually consisted of a lye made of lime 
or wood-ashes (kovio), of nitrum, and of fuller's 
earth (yij Kifiu^ia, Aristoph. Ran. 710 and Schol. ; 
Plat. Iiej). iv. p. 430). 

The bath was generally taken shortly before the 
Sitirvov or principal meal of the day. It was the 
practice to take first a warm or vapour, and after- 
wards a cold bath (Plut. de primo frig. 10 ; Paus. 
ii. 34. § 2), though in the time of Homer the cold 
bath appears to have been taken first and the warm 
afterwards. The cold water was usually poured 
on the back or shoulders of the bathers by the 
/3oAofeus or his assistants, who are called irapaxv- 
toi. (Plat. Rep. i. p. 344 ; Lucian, Demosth. Kn- 
com. 16. vol. iii. p. 503 ; Plut. de Invid. 6, Apophth. 
Imc. 49.) The vessel, from which the water was 
poured, was called apvraiva. (Aristoph. Eipiit. 
1 087 ; Theophr. Char. 9.) In the first of the pre- 
ceding woodcuts a irapax" T ' ns is represented with 
an apurcuva in his hands. 

Among the Greeks a person was always bathed 
at birth, marriage, and after death [Ft'Nfs] ; 
whence it is said of the Dardanians, an Illy- 
rian people, that they bathe only thrice in their 
lives, at birth, marriage, and after death. (Xicol. 
Damasc. up. Slob. v. 51. p. 152, Gaisf.) The 
water in which the bride was bathed (Kovrpbv 
vvpnpiK6v, Aristoph. Lysistr. 378) at Athens, was 
taken from the fountain of Kallirrhoe, which was 
called from the time of Peisistratus 'EvveaKpovvos. 
(Thucyd. ii. 15.) Compare Pollux, iii. 43 ; Har- 
pocrat $. v. AouTpo<po"pos, who says that the water 
was fetched by a boy, who was the nearest rela- 
tion, and that this boy was called \ovrpo(p6pos. 
He also states that water was fetched in the same 
way to bathe the bodies of those who had died un- 
named, and that on the monuments of such, a boy 
was represented holding a water- vessel (i5plo). 
Pollux (/. c), however, states that it was a female 
who fetched the water on such occasions, and De- 
mosthenes (c. Leochar. p. 1089. 23 ; compare p. 
1086. 14. Ace.) speaks of v \ovrpoip6poi on the 
monument of a person who had died unmarried. 
In remains of ancient art we find girls represented 
as Kovrpoipipoi, but never boys. ( liriinsted, llrief 
Inscription of thirty-two ancient (Irerlc Vases, pL 
27. The best account of the Greek baths is given 
by Becker, C'hariklcs, vol. ii. pp.135 — 140, pp. 
459 — 102.) 

Roman /laths. — The Romans, in the earlier 
periods of their history, used the bath but seldom, 
and only for health and cleanliness, not as a 
luxury. Thus we learn from Seneca (Ep. 80) 
that the nncient Romans washed their legs and 
arms daily, and bathed their whole body once a 
week. (Comp. Cat. de Lib. Eliir. a/i. Non. iii. 
s. v. Ephippium ; Colum. It. R. i. 0. § 20.) 

It is not recorded at what precise period the use 
of the warm buth was first introduced amongst the 
Romans ; but wc learn from Seneca ( /. r.) that 
Scipio had a warm bath in his villa at Liteniuin ; 
which, however, was of the simplest kind, consist- 
ing of a single chamber, just sufficient for the 
necessary purposes, ami without any pretensions 
to luxury. It was "small and dark," he says, 
" after the manner of the nnciciiU." Seneca also 



186 



BALNEAE. 



BALNEAE. 



describes the public baths as obscura et gregali 
tectorio indueta, .and as so simple in their arrange- 
ments that the aedile judged of the proper tem- 
perature by his hands. These were baths of warm 
water ; but the practice of heating an apartment 
with warm air by flues placed immediately under 
it, so as to produce a vapour bath, is stated by Va- 
lerius Maximus (ix. 1. § 1) and by Pliny {H. N. ix. 
54. s. 79) to have been invented by Sergius Orata, 
who lived in the age of L. Crassus, the orator, 
before the Marsic war. The expression used by 
Valerius Maximus is balnea pensilia, and by Pliny 
halineas pensiles, which is differently explained by 
different commentators ; but a single glance at the 
plans inserted below will be sufficient in order to 
comprehend the manner in which the flooring of 
the chambers was suspended over the hollow cells 
of the hypocaust, called by Vitruvius suspensura 
caldariorum (v. 11), so as to leave no doubt as to 
the precise meaning of the invention, which is more 
fully exemplified in the following passage of Au- 
sonius {Mosell. 337): — 

" Quid (memorem) quae sulphurea substructa cre- 
pidine fumant 
Balnea, ferventi cum Mulciber haustus operto, 
Volvit anhelatas tectoria per cava flammas, 
Inclusum glomerans aestu exspirante vaporem ? " 

By the time of Cicero, the use of baths, both 
public and private, of warm water and hot air, had 
become general {Epist. ad Q. Frat. iii. 1 ) ; and we 
learn from one of his orations that there were 
already baths (balneas Senias) at Rome, which 
were open to the public upon payment of a small 
sum {Pro Cad. 25, 26). ' 

In the earlier ages of Roman history a much 
greater delicacy was observed with respect to bath- 
ing, even amongst the men, than was usual among 
the Greeks ; for according to Valerius Maximus 
(ii. 1. § 7) it was deemed indecent for a father to 
bathe in company with his own son after he had 
attained the age of puberty, or a son-in-law with 
his father-in-law. (Comp. Cic. De Off. i. 35, De 
Oral. ii. 55.) But virtue passed away as wealth 
increased ; and when the thermae came into use, 
not only did the men bathe together in numbers, 
but even men and women stripped and bathed 
promiscuously in the same bath. It is true, how- 
ever, that the public establishments often con- 
tained separate baths for both sexes adjoining to 
each other (Vitruv. v. 10 ; Varro, De Ling. Lat. ix. 
68), as will be seen to have been the case at the 
baths of Pompeii. Aulus Gellius (x. 3) relates a 
story of a consul's wife who took a whim to bathe 
at Teanum (Teano), a small provincial town of 
Campania in the men's baths {balneis virilibus) ; 
probably, because in a small town, the female de- 
partment, like that at Pompeii, was more confined 
and less convenient than that assigned to the men ; 
and an order was consequently given to the Quaes- 
tor, M. Marius, to turn the men out. But whether 
the men and women were allowed to use each 
other's chambers indiscriminately, or that some of 
the public establishments had only one common 
set of baths for both, the custom prevailed under 
the Empire of men and women bathing indiscrimi- 
nately together. (Plin. H. iV. xxxiii. 12. s. 54.) 
This custom was forbidden by Hadrian (Spart. 
Hadr. c. 1), and by M. Aurelius Antoninus (Capi- 
tolin. Anton, c. 23) ; and Alexander Severus pro- 
hibited any baths, common to both sexes {balnea 



mixta), from being opened in Rome. (Lamprid. 
Alex. Sev. c. 42.) 

When the public baths (balneae) were first in- 
stituted, they were only for the lower orders, who 
alone bathed in public ; the people of wealth, as 
well as those who formed the equestrian and sena- 
torian orders, used private baths in their own 
houses. But as early even as the time of Julius 
Caesar we find no less a personage than the mother 
of Augustus making use of the public establish- 
ments (Suet. Aug. 94) ; and in process of time 
even the emperors themselves bathed in public 
with the meanest of the people. (Spart. Hadr. 
c. 17 ; Trebell. Pollio, He Gallien. duob. c. 17.) 

The baths were opened at sunrise, and closed 
at sunset ; but in the time of Alexander Severus, 
it would appear that they were kept open nearly 
all night. (Lamp. Alex. Sev. I. c.) The allusion 
in Juvenal {balnea nocte siibit, Sat. vi. 419) pro- 
bably refers to private baths. 

The price of a bath was a quadrans, the smallest 
piece of coined money, from the age of Cicero 
downwards (Cic. Pro Cael. 26 ; Hot. Sat. i. 3. 137 ; 
Juv. Sat. vi. 447), which was paid to the keeper 
of the bath {balneator) ; and hence it is termed by 
Cicero, in the oration just cited, quadrantaria per- 
mutatio, and by Seneca {Ep. 86) res quadrantaria. 
Children below a certain age were admitted free. 
(Juv. Sat. ii. 152.) 

Strangers, also, and foreigners were admitted to 
some of the baths, if not to all, without payment, 
as we learn from an inscription found at Rome, 
and quoted by Pitiscus. {Lex Antiq.) 

L. OCTAVIO. L. F. CAM. 

RUFO. TRIB. MIL 

QUI LAVATIONEM GRATUITAM MUNICIPIBUS, 
INCOLIS 

HOSPITIBUS ET AD VENTORIBUS. 

The baths were closed when any misfortune 
happened to the republic (Fabr. Descr. Urb. Rom. 
c. 18) ; and Suetonius says that the Emperor Caligula 
made it a capital offence to indulge in the luxury 
of bathing upon any religious holiday. {Ib.) They 
were originally placed under the superintendence 
of the aediles, whose business it was to keep them 
in repair, and to see that they were kept clean and 
of a proper temperature. {Ib.; Sen. Ep. 86.) In the 
provinces the same duty seems to have devolved 
upon the quaestor, as may be inferred from the 
passage already quoted from Aulus Gellius (x. 3). 

The time usually assigned by the Romans for 
taking the bath was the eighth hour, or shortly 
afterwards. (Mart. Ep. x. 48, xi. 52.) Before 
that time none but invalids were allowed to bathe 
in public. (Lamprid. Alex. Sev. 24.) Vitruvius 
reckons the hours best adapted for bathing to be 
from mid-day until about sunset (v. 10). Pliny 
took his bath at the ninth hour in summer, and at 
the eighth in winter {Ep. iii. 1, 8) ; and Martial 
speaks of taking a bath when fatigued and weary, at 
the tenth hour, and even later. {Epig. iii. 36, x.70.) 

When the water was ready, and the baths pre- 
pared, notice was given by the sound of a bell — 
aes tliermarum. (Mart. Ep. xiv. 163.) One of 
these bells, with the inscription Firmi Balnea- 
toris, was found in the thermae Diocletianae, in 
the year 1548, and came into the possession of the 
learned Fulvius Ursinus. {Append, ad Ciaccon. 
de Triclin. ) 

Whilst the bath was used for health merely or 
cleanliness, a single one was considered sufficient 



BALNEAE. 



BALNEAE. 



187 



at a time, and that only when requisite. But the 
luxuries of the empire knew no such bounds, and 
the daily bath was sometimes repeated as many as 
seven and eight times in succession — the number 
which the Emperor Commodus indulged himself 
•with. (Lamprid. Com. c. 2.) Gordian bathed seven 
times a day in summer, and twice in winter. The 
Emperor Gallienus six or seven times in summer, 
and twice or thrice in winter. (Capitolin. Gall. 
c. 17.) Commodus also took his meals in the bath 
(Lamprid. /. c.) ; a custom which was not confined 
to a dissolute Emperor alone. (Comp. Martial, 
. Jijiig. xii. 19.) 

It was the usual and constant habit of the Ro- 
mans to take the bath after exercise, and pre- 
viously to their principal meal (coena) ; but the 
debauchees of the empire bathed after eating as 
well as before, in order to promote digestion, so as 
to acquire a new appetite for fresh delicacies. Nero 
is related to have indulged in this practice. (Suet. 
Nero, 27 ; comp. Juv. Sal. i. 142.) 

Upon quitting the bath it was usual for the 
Romans as well as the Greeks to be anointed with 
oil ; but a particular habit of body, or tendency to 
certain complaints, sometimes required this order 
to be reversed ; for which reason Augustus, who 
suffered from nervous disorders, was accustomed to 
anoint himself before bathing (Suet. Aug. 82); 
and a similar practice was adopted by Alexander 
S rus. (Lamprid. Alex. Sec. I. c.) The most 
usual practice, however, seems to have been to 
take some gentle exercise (exercitalio), in the first 
instance, and then, after bathing, to be anointed 



either in the sun, or in the tepid or thermal cham- 
ber, and finally to take their food. 

The Romans did not content themselves with a 
single bath of hot or cold water ; but they went 
through a course of baths in succession, in which 
the agency of air as well as water was applied. 
It is difficult to ascertain the precise order in 
which the course was usually taken, if indeed 
there was any general practice beyond the whim 
of the individual. Under medical treatment, the 
succession would, of course, be regulated by the 
nature of the disease for which a cure was sought, 
and would vary also according to the different 
practice of different physicians. It is certain, 
however, that it was a general practice to close 
the pores, and brace the body after the excessive 
perspiration of the vapour bath, either by pouring 
cold water over the head, or by plunging at once 
into the piscina, or into a river. (Auson. Mosell. 
341.) Musa, the physician of Augustus, is said to 
have introduced this practice (Plin. H. N. xxv. 7. 
s. 38), which became quite the fashion, in con- 
sequence of the benefit which the emperor derived 
from it, thousrh Dion (liii. p. 517) accuses Musa of 
having artfully caused the death of Marcellus by 
an improper application of the same treatment. In 
other cases it was considered conducive to health 
to pour warm water over the head before the 
vapour bath, and cold water immediately after it 
(Plin. //. N. xxviii. 4. s.14; Cels. De Med. i. 
3) ; and at other times, a succession of warm, 
tepid, and cold water was resorted to. 

The two physicians Galen and Celsus differ in 




some respects as to the order in which the baths 
should be taken ; the former recommending first the 
hot air of the Laconicum (a«'pi dtp/if), next the 
balh of warm water (uhwp btpubv and \ovrpov'), 
■forwards the cold, and finally to be well rubbed 

• Aovrpov. In this passage it is plain that the 
word \ovrpoy is used for a warm bath, in which 
sense it also occurs in tin- winn- author. Vitruvim 
(v. 1 1 ), on the contrary, says that the Greeks used 
the name word to signify a cold bath {frigida 
laratin, i/unm (,'rnrci KniTpiiv r^ilnnl). Til'- eon- 
tradiction between the two authors is here pointed 
out, for the purpose of showing the impossibility, 
as well as impropriety, of attempting to affix one 
precise meaning to each of the different terms 



i f ial.-n, /> M, lh<Ai, .1/, ,/, »,//, x. 1 0. p. 708, 709, ed. 
Kiihn) ; whilst the latter recommends his patients 
first to sweat fur a short time in the tepid chamber 
(trpi/larium), without undressing ; then to proceed 
into the thermal chamber {niliiturium), and after 
having gone through n regular course of perspir- 
ation there, not to descend into the warm bath 
(milium), but to pour a quantity of warm water 
over the head, then tepid, and finally cold ; after- 
wards to be scraped with the strigil (jier/rieari), 
and finally nibbed dry and anointed. (Cels. he, 
Mnl. i. I.) Sin h, in all probability, was the usual 
habit of the Romans when the bath was resorted 



made use of by the ancient writers in reference In 
their bathing establishments. 



188 



BALNEAE. 



to as a daily source of pleasure, and not for any 
particular medical treatment ; the more so, as it 
resembles in many respects the system of bathing 
still in practice amongst the Orientals, who, as 
Sir W. Gell remarks, " succeeded by conquest to 
the luxuries of the enervated Greeks and Romans." 
(Gell's Pompeii, vol. i. p. 86, ed. 1832.) 

Having thus detailed from classical authorities 
the general habits of the Romans in connection 
with their system of bathing, it now remains to 
examine and explain the internal arrangements 
of the structures which contained their baths ; 
which will serve as a practical commentary upon 
all that has been said. Indeed there are more 
ample and better materials for acquiring a thorough 
insight into Roman manners in this one particular, 
than for any other of the usages connected with 
their domestic habits. The principal ancient au- 
thorities are Vitruvius (v. 10), Lucian ('Imrias 3) 
Pahaveiov, a detailed description of a set of baths 
erected by an architect named Hippias), Pliny the 
Younger, in the two letters describing his villas (ii. 
17, v. 6), Statius (Balneum Etrusci, Silv. i. 5), 
Martial (vL 42, and other epigrams), Sidonius 



BALNEAE. 

Apollinaris (Epist. ii. 2), and Seneca (Epist. 51, 
56, 86). 

But it would be almost hopeless to attempt to 
arrange the information obtained from these 
writers, were it not for the help afforded us by the 
extensive ruins of ancient baths, such as the 
Thermae of Titus, Caracalla, and Diocletian, but 
above all the public baths (halneae) at Pompeii, 
which were excavated in 1824 — 25, and were 
found to be a complete set, constructed in all their 
important parts upon rules very similar to those 
laid down by Vitruvius, and in such good preserv- 
ation that many of the chambers were complete, 
even to the ceilings. 

In order to render the subjoined remarks more 
easily intelligible, the woodcut on the preceding 
page is inserted, which is taken from a fresco 
painting upon the walls of the thermae of Titus at 
Rome. 

The annexed woodcut represents the ground 
plan of the baths of Pompeii, which are nearly 
surrounded on three sides by houses and shops, 
thus forming what the Romans termed an insula. 

The whole building, which comprises a double 




set of baths, has six different entrances from the 
street, one of which A, gives admission to the 
smaller set only, which are supposed to have been 
appropriated to the women, and five others to the 
male department ; of which two, B and C, com- 
municate directly with the furnaces, and the other 
three D, E, F, with the bathing apartments, of 
which F, the nearest to the forum, was the prin- 
cipal one ; the other two, D and E, being on dif- 
ferent sides of the building, served for the conve- 
nience of those who lived on the north and east 
sides of the city. To have a variety of entrances 
(i£68ois 7roA.Aaiy T(6vpw/j.evov) is one of the quali- 
ties enumerated by Lucian as necessary to a well- 
constructed set of baths. (Hippias, 8.) Passing 
through the principal entrance F, which is re- 
moved from the street by a narrow footway sur- 



rounding tne insula (the outer curb of which is 
marked upon the plan by the thin line drawn 
round it), and after descending three steps, the 
bather finds upon his left hand ii small chamber 
(1), which contained a convenience (latrina *), and 
proceeds into a covered portico (2), which ran 
round three sides of an open court — atrium (3), 
and these together formed the vestibule of the 
baths — vestibulum balnearum (Cic. Pro Cael. 26), 
in which the servants belonging to the establish- 
ment, as well as the attendants of the bathers, 
waited. There are seats for their accommodation 

* Latrina was also used previously to the tirde 
of Varro for the bathing- vessel, quasi lavatrina. 
(Varro, De Ling Lat. ix. 68. ed. Muller; compare 
Lucill. ap. Non. c. 3. n. 131.) 



BALNEAE. 



BALNEAE. 



189 



placed underneath the portico (a, a). This com- 
partment answers exactly to the first, which is de- 
8crihed by Lucian (I. c. 5). Within this court the 
keeper of the baths (Jxilneutor) who exacted the 
quadrans paid by each visitor, was also stationed ; 
and the box for holding the money was found in 
it The room (4), which runs back from the 
portico, might have been appropriated to him ; or, 
if not, it might have been an oecus or exedru, for 
the convenience of the better classes whilst await- 
ing the return of their acquaintances from the in- 
terior, in which case it will correspond with the 
chambers mentioned by Lucian (/. c. 5), adjoining 
to the servants' waiting-place (&» apicrrfpa 5e twv 
is TpuipTjv TrapttTKivaontvwv oi/cij^aTwc). In this 
court likewise, as being the most public place, 
advertisements for the theatre, or other announce- 
ments of general interest, were posted up, one of 
which, announcing a gladiatorial show, still re- 
mains. (5) Is the corridor which conducts from 
the entrance E, into the same vestibule. (6) A 
small cell of similar use as the corresponding one 
in the opposite corridor (1). (7) A passage of 
communication which leads into the chamber (8), 
the frigidurium, which also served as an apodyle- 
ritim, or spoliatorium, a room for undressing ; and 
which is also accessible from the street by the 
door D, through the corridor (9), in which a small 
niche is observable, which proljably served for the 
Btation of another bulneutor, who collected the 
money from those entering from the north street. 
In this room all the visitors must have met before 
entering into the interior of the baths ; and its 
locality, as well as other characteristic features 
in its fittings up, leave no room to doubt that it 
gcrved as an undressing room. It does not appear 
that any general rule of construction was followed 
by the architects of antiquity, with regard to the 
locality and temperature best adapted for an 
apodyterium. The word is not mentioned by 
Vitnivius, nor expressly by Lucian ; but he says 
enough for us to infer that it belonged to the 
frigidurium in the baths of Hippias (/. c. 5). 
■ After quitting the last apartment there arc a 
sufficient number of chambers for the bathers to 
undress, in the centre of w hich is an oecus con- 
taining three baths of cold water." Pliny tin- 
younger savs that the apoi/ytrrium at one of his 
own villas adjoined the frigidurium (Kp. v. C), 
and it is plain from a passage already quoted, that 
tin- n)nnlyU-rium was a warm apartment in the 
baths belonging to the villa of Cicero's brother, 
Quintus (im.vt in ullrrmn u/xuli/b rii unguium pm- 
mori), to which temperature Celsus also assigns it. 
In the thermae at Rone the hot and cold depart- 
ments had probably each a separate njxxli/terium 
attached to it ; or if not, the ground plan was so 
arranged that one upo/Ji/trrium would be contiguous 
to, and serve for both, or either ; but where space 
and means were circumscriln <l, ai in the little i its 
of Pompeii, it is more reasonable to conclude- that 
At frigidarium served as an u/xxiylerinm lor those 
who confined themselves to cold bathing, and the 
trjridttrium for those who commenced their ablutions 
in the wnnn npnrtments. The bathers were ex- 
pected to take off their garments in the apodyU rium, 
it not being permitted to enter into tin- interior 
unless naked. (Cic. I'm Curl. 2b'.) They wen- 
then delivered to a elan of slaves, called aipiuirii 
(from rap.ia, the small case in which children car- 
ried their books to school), whose duty it wa* to 



take charge of them. These men were notorious 
for dishonesty, and leagued with all the thieves of 
the city, so that they connived at the robberies 
they were placed there to prevent Hence the ex- 
pression of Catullus — O furum oplume balneuri- 
orum I {Carm. xxxiii. 1 ) and Trachilo in the Ru- 
dens of Plautus (ii. 33. 51), complains bitterly 
of their roguery, which, in the capital, was carried 
to such an excess that very severe laws were en- 
acted against them, the crime of stealing in the 
baths being made a capital offence. 

To return into the chamber itself — it is vaulted 
and spacious, with stone seats along two sides of 
the wall (6, b), and a step for the feet below, 
slightly raised from the floor (pulvi/ius el gradus, 
Vitruv. v. 10). Holes can still be seen in the 
walls, which might have served for pegs on which 
the garments were hung when taken off. It was 
lighted by a window closed with glass, and orna- 
mented with stucco mouldings and painted yellow. 
A sectional drawing of this interior is given in Sir 
W. Cell's Pompeii. There are no less than six 
doors to this chamber ; one led to the entrance E, 
another to the entrance D, a third to the small 
room (11), a fourth to the furnaces, a fifth to the 
tepid apartment, and the sixth opened upon the 
cold bath (10), named indifferently by the ancient 
authors, nululio, nututorium, piscina, baptisterium *, 
putruf, \ovrpov. The bath, which is coated with 
white marble, is 12 feet 10 inches in diameter, 
and about 3 feet deep, and has two marble steps 
to facilitate the descent into it, and a seat sur- 
rounding it at the depth of 10 inches from the 
bottom, for the purpose of enabling the bathers to 
sit down and wash themselves. The ample size of 
this basin explains to us what Cicero meant when 
he wrote — Latiorem piscina m voluisscm, ubijurtata 
brachia non offenden nlur. It is probable that 
many persons contented themselves with the cold 
bath only, instead of going through the severe 
course of perspiration in the warm apartments ; 
and as the J'rigidarium alone could have had no 
effect in baths like these, where it merely served 
as an apodyterium, the nululio must be referred to 
when it is said that at one period cold baths were 
in such request that scarcely any others were used. 
(Oell'l PompeH, I. c.) There is a platform, or am- 
bulatory (scholu, Vitruv. v. 10) round the hath, 
also of marble, and four niches of the same mate- 
rial disposed at regular intervals round the walls, 
with pedestals, for statues probably, placed in 
thcm.t The ceiling is vaulted, and the cham- 
ber lighted by a window in the centre. The 
annexed woodcut represents a frigidurium with 
its cold bath (puleus, Plin. Hp. v. C) at one ex- 
tremity, supposed to have funned a |«irt of the 
Kormian villa of Cicero, to whose age the style of 

* The word Imptistcrium (Plin. Kp. v. 6) is 
not a bath sufficiently large to immerse the whole 
body, but a vessel, or lubrum, containing cold 
water for pouring over the head. Compare also 
Plin. Kp. xvii. 2. 

t According to Sir W. Cell (/. r.) with seats, 
which he interprets tchuluc, for the accommodation 
of persons wailing an opportunity to bathe — but 
a passage of Vitnivius (v. 10), hereafter quoted, 
seems to contradict this use of the term — and 
seats were placed ill the J'rigidarium adjoining, for 
the express purpose of accommodating those who 
were obliged to wait for their turn. 



190 BALNEAE. 

construction, and the use of the simple Doric 
order, undoubtedly belong. The bath itself, into 




which the water still continues to flow from a 
neighbouring spring, is placed under the alcove, 
and the two doors on each side opened into small 
chambers, which probably served as apodyteria. 
It is still to be seen in the gardens of the Villa 
Caposeli, at Mola di Gaeta, the site of the ancient 
Formiae. 

In the cold bath of Pompeii the water ran into 
the basin through a spout of bronze, and was 
carried off again through a conduit on the opposite 
side. It was also furnished with a waste-pipe 
under the margin to prevent it from running over. 
No. 1 1 is a small chamber on the opposite side of 
the frigidarium, which might have served for 
shaving (tonstrina), or for keeping unguents or 
strigiles; and from the side of the frigidarium, the 
bather, who intended to go through the process of 
warm bathing and sudation, entered into (12) the 
tepidarium. 

This chamber did not contain water either at 
Pompeii or at the baths of Hippias, but was merely 
heated with warm air of an agreeable temperature 
in order to prepare the body for the great heat of 
the vapour and warm baths, and, upon returning, 
to obviate the danger of a too sudden transition to 
the open air. In the baths at Pompeii this chamber 
served likewise as an apodyterium for those who 
took the warm bath ; for which purpose the fit- 
tings up are evidently adapted, the walls being di- 
vided into a number of separate compartments or 
recesses for receiving the garments when taken off, 
by a series of figures of the kind called Atlantes or 
Telamones, which project from the walls, and sup- 
port a rich cornice above them. One of these di- 
visions, with the Telamones, is represented in the 
article Atlantes. Two bronze benches were also 
found in the room, which was heated as well by 
its contiguity to the hypocaust of the adjoining 
chamber, as by a brazier of bronze (foculus), in 
which the charcoal ashes were still remaining 
when the excavation was made. A representation 
of it is given in the annexed woodcut. Its whole 
length was seven feet, and its breadth two feet six 
inches. 

In addition to this service there can be little 
doubt that this apartment was used as a depository 
for unguents and a room for anointing {a,\iinri)pi(>v, 



BALNEAE. 

unciuanum, elaeotJiesium),ihe proper place for which 
is represented by Lucian (I. c.) as adjoining to the 




tepidarium, and by Pliny (EpAi. 17) as adjoining 
to the hypocaust ; and for which purpose some of 
the niches between the Telamones seem to be pe- 
culiarly adapted. In the larger establishments a 
separate chamber was allotted to these purposes, 
as may be seen by referring to the drawing taken 
from the Thermae of Titus ; but as there is no 
other spot within the circuit of the Pompeian baths 
which could be applied in the same manner, we 
may safely conclude that the inhabitants of this 
city were anointed in the tepidarium ; which ser- 
vice was performed by slaves called unctores and 
aliptae. [Aliptae.] For this purpose the common 
people used oil, sometimes scented ; but the more 
wealthy classes indulged in the greatest extrava- 
gance with regard to their perfumes and unguents. 
These they either procured from the elaeothesium of 
the baths, or brought with them in small glass 
bottles ampullae oleariae ; hundreds of which have 
been discovered in different excavations made in 
various parts of Italy. [Ampulla.] The fifth 
book of Athenaeus contains an ample treatise upon 
the numerous kinds of ointments used by the 
Romans ; which subject is also fully treated by 
Pliny (FL N. xiii.). 

Caligula is mentioned by Suetonius (Cal. 37) as 
having invented a new luxury in the use of the I 
bath, by perfuming the water, whether hot or cold, 
by an infusion of precious odours, or as Pliny states 
{I. c), by anointing the walls with valuable un- 
guents ; a practice, he adds, which was adopted by 
one of the slaves of Nero, that the luxury might 
not be confined to royalty (ne principale videatur 
hoc bonum). 

From this apartment, a door, which closed by its 
own weight, to prevent the admission of the cooler 
air, opened into No. 13, the thermal chamber or 
concamerata sudatio of Vitruvius (v. 11) ; and 
which, in exact conformity with his directions, 
contains the warm bath — balneum, or calda lavatio 
(Vitruv. I.e.), at one of its extremities ; and the 
semicircular vapour-bath, or Laeonicum at the 
other ; whilst the centre space between the two 
ends, termed sudatio by Vitruvius (1. c.), and suda- 
torium by Seneca, is exactly twice the length of its 
width, according to the directions of Vitruvius. 
The object in leaving so much space between the 
warm bath and the Laeonicum was to give room 
for the gymnastic exercises of the persons within 
the chamber, who were accustomed to promote a 
full flow of perspiration by rapid movements of the 
arms and legs, or by lifting weights. ( Juv. Sat. vi. 
420.) In larger establishments the conveniences 
contained in this apartment occupied two separate 
cells, one of which was appropriated to the warm 
bath, which apartment was then termed caldarium. 
cella caldaria, or balneum, and the other comprised 
the Laeonicum and sudatory — Laeonicum suda- 
tionesque (Vitruv. 1. c.), which part alone was thei 
designated under the name of concamerata sudatio 



BALNEAE. 
This distribution is represented in the painting on 
the walls of the Thermae of Titus ; in which there 
is also another peculiarity to be observed, viz., the 
passage of communication (intercapedo) between the 
two chambers, the flooring of which is suspended 
over the hypocaust. Lucian informs us of the use 
for which this compartment was intended, where 
he mentions as one of the characteristic conveni- 
ences in the baths of Hippias, that the bathers need 
not retrace their steps through the whole suite of 
apartments by which they had entered, but might 
return from the thermal chamber by a shorter cir- 
cuit through a room of gentle temperature (Si' vpipa- 
Stpnov oiicfiiucros, I. c. 7), which communicated 
immediately with the friijidarium. 

The warm-water bath, which is termed calda 
lavatio by Vitruvius (/. c), UUineum by Cicero 
(Ad Alt. ii. 3), piscina or calida piscina by Pliny 
(Ep. ii. 17) and Suetonius (Nero, 27), as well 
as labrum (Cic. Ad Fam. xiv. 1G), and solium by 
Cicero (in Pison. 27), appears to have been a capa- 
cious marble vase, sometimes standing upon the 
floor, like that in the picture from the Thermae of 
Titus ; and sometimes either partly elevated above 
the floor, as it was at Pompeii, or entirely sunk into 
it, as directed by Vitruvius (v. 10). His words are 
these: — "The bath (labrum) should be placed 
underneath the window, in such a position that the 
persons who stand around may not cast their sha- 
dows upon it. The platform n hich surrounds the 
bath (scltolae lal/rorum) must be sufficiently spa- 
cious to admit of the surrounding observers, who 
are waiting for their turn, to stand there without 
crowding each other. The width of the passage or 
channel (alreus), which lies between the parapet 
(pluteiu), and the wall, should not be less than six 
feet, so that the space occupied by the scat and its 
step below ( pulcinus el aradua inferior) may take 
off' just two feet from the whole width." The sub- 
joii.ed plans given by Marini, will explain his 
meaning. 





A, laltrum, or bath ; H, trhola, or platform ; C, 
ftultut, or para|pct ; I), ulrrut, passage between the 
plutrus and wall ; F, putvintu, or seat ; and K, the 



BALNEAE. 191 

lower step (gradus inferior), which together take 
up two feet. 

The warm bath at Pompeii is a square basin of 
marble, and is ascended from the outside by two 
steps raised from the floor, which answered to the 
parapet or pluteus of Vitruvius. Around ran a 
narrow platform (sehola) • but which, in consequence 
of the limited extent of the building, would not ad- 
mit of a seat (pulvinus) all around it. On the in- 
terior another step allowed the bathers to sit down 
and wash themselves. The annexed section will 
render this easily intelligible. 



L.I -I . L 



□1 



A, labrum; B, sclwla; C, pluteus ; D, the step 
on the inside, probably called solium. (Fulv. Ur- 
sinus, Append, in Ciaccon. de Triclin.) In the 
women's baths of the opulent and luxurious capital, 
the solia were sometimes made of silver. (Plin. 
H. N. xxxiii. 12. s. 54.) 

We now turn to the opposite extremity of the 
chamber which contains the Laconicum or va- 
pour bath, so called because it was the custom of 
the Lacedaemonians to strip and anoint themselves 
without using warm water after the perspiration 
produced by their athletic exercises. (Dion Cass. liii. 
p. 516 ; comp. Martial. Epitj. vi 42. 1C.) It is 
termed assa by Cicero (Ad Quint. Frat. iii. 1. § 1), 
from to dry ; because it produced perspira- 

tion by means of a dry, hot atmosphere ; which 
Cclsus (iii. cap. ult.) consequently terms sudationc 
assas, " dry sweating," which he afterwards adds 
(xi. 17) was produced by dry warmth (colore 
sicco). It was called by the Greeks irupiaiTjjpioj. 
(Voss. Lex. Etym. s. v.) from the fire of the hypo- 
caust, which was extended under it ; and hence by 
Alexander Aphrodis. {npoi/ doA.oV, " a dry vaulted 
chamber." 

Vitruvius says that its width should be equal 




to its height, reckoning from the floating (stmprn- 
juni) to the bottom of the thole (imam rurraturam 



192 



BALNEAE'. 



BALNEAE. 



hemispliaerii), over the centre of which an orifice is 
left, from which a bronze shield (clipeus) was sus- 
pended. This regulated the temperature of the 
apartment, being raised or lowered by means of 
chains to which it was attached. The form of the 
cell was required to be circular, in order that the 
warm air from the hypocaust might encircle it with 
greater facility. (Vitruv. v. 10.) In accordance 
with these rules is the Laconicum at Pompeii, a 
section of which is given in the previous page, 
the clipeus only being added in order make the 
meaning more clear. 

A, The suspended pavement, suspensura ; B. the 
junction of the hemisphaerium with the side walls, 
ima curvatura hemispliaerii ; C, the shield, clipeus ; 
E and F, the chains by which it is raised and 
lowered ; D, a labrum, or flat marble vase, into 
which a supply of water was introduced by a single 
pipe running through the stem. Its use is not ex- 
actly ascertained in this place, nor whether the 
water it contained was hot or cold. 

It would not be proper to dismiss this account 
of the Laconicum without alluding to an opinion 
adopted by some writers, amongst whom are Gali- 
ano and Cameron, that the Laconicum was merely 
a small cupola, with a metal shield over it, rising 
above the flooring (suspensura) of the chamber, in 
the manner represented by the drawing from the 
Thermae of Titus, which drawing has, doubtless, 
given rise to the opinion. But it will be observed 
that the design in question is little more than a 
section, and that the artist may have resorted to 
the expedient in order to show the apparatus be- 
longing to one end of the chamber, as is frequently 
done in similar plans, where any part which re- 
quired to be represented upon a larger scale is in- 
serted in full development within the general sec- 
tion ; for in none of the numerous baths which 
have been discovered in Italy or elsewhere,, even 
where the pavements were in a perfect state, has 
any such contrivance been observed. Besides which 
it is manifest that the clipeus could not be raised 
or lowered in the design alluded to, seeing that the 
chains for that purpose could not be reached in the 
situation represented, or, if attained, could not be 
handled, as they must be red-hot from the heat of 
the hypocaust into which they were inserted. In 
addition to which, the remains discovered tally ex- 
actly with the directions of Vitruvius, which this 
does not. 

After having gone through the regular course of 
perspiration, the Romans made use of instruments 




called strigiles (or strigles, Juv. Sat. iii. 263), to 
scrape off the perspiration, much in the same way 
as we are accustomed to scrape the sweat off a 
horse with a piece of iron hoop, after he has run a 



heat, or comes in from violent exercise. These in- 
struments, some specimens of which are represented 
in the previous woodcut, and many of which have 
been discovered amongst the ruins of the various 
baths of antiquity, were made of bone, bronze, iron, 
and silver ; all corresponding in form with the 
epithet of Martial, " curvo distringere ferro " 
(Epig. xiv. 51). The poorer classes were obliged 
to scrape themselves, but the more wealthy took 
their slaves to the baths for the purpose ; a fact 
which is elucidated by a curious story related by 
Spartianus (Hadrian, c. 17). 

The strigil was by no means a blunt instrument, 
consequently its edge was softened by the applica- 
tion of oil, which was dropped upon it from a small 
vessel called gultus *, which had a narrow neck, so 
as to discharge its contents drop by drop, from 
whence the name is taken. A representation of a 
guttus is given in the preceding woodcut. Augus- 
tus is related to have suffered from an over-violent 
use of the strigil. (Suet. Aug. 30.) Invalids and 
persons of a delicate habit made use of sponges, 
which Pliny says answered for towels as well as 
strigils. They were finally dried with towels 
(lintea), and anointed. (Juv. Sat. iii. 262 ; Apu- 
leius, Met. ii. ; Plin. H.N. xxxi. 11. s. 47.) 

The common people were supplied with these 
necessaries in the baths, but the more wealthy car- 
ried their own with them (Pers. Sat. v. 126). 
Lucian (Leoeiph. vol. ii. p. 320. ed. Reiz.) adds also 
soap and towels to the list. 

After the operation of scraping and rubbing dry, 
they retired into, or remained in, the tepidarium 
until they thought it prudent to encounter the 
open air. But it does not appear to have been 
customary to bathe in the water, when there was 
any, which was not the case at Pompeii, nor in the 
baths of Hippias (Lucian, I. c), either of the tepi- 
darium or frigidarium ; the temperature only of the 
atmosphere in these two chambers being of conse- 
quence to break the sudden change from the ex- 
treme of hot to cold. 

Returning now back into the frigidarium (8), 
which, according to the directions of Vitruvius (v. 
11), has a passage (14) communicating with the 
mouth of the furnace (e), which is also seen in the 
next woodcut under the boilers, called praefurnium, 
propnigeum (Plin.i7p.ii. \l),Tipoirvvyziov ({Toxmrp6, 
before, and irviyevs, a furnace), and passing down 
that passage, we reach the chamber (15) into which 
the praefurnium projects, and which has also an 
entrance from the street at B. It was appropri- 
ated to the use of those who had charge of the 
fires (fornacatores). There are two staircases in 
it ; one of which leads to the roof of the baths, 
and the other to the coppers which contained 
the water. Of these there were three : one of 
which contained the hot water — caldarium (sc. 
vas, or ahenum) ; the second the tepid — tepida- 
rium ; and the last the cold — frigidarium. The 
warm water was introduced into the warm bath by 
means of a conduit pipe, marked on the plan, 
and conducted through the wall. Underneath the 
caldarium was placed the furnace (furnus, Hor. Ep. 
i. 11. 12), which served to heat the water, and 
give out streams of warm air into the hollow cells 
of the hypocaustum (from inrh and Kaiw). It 

* It was also called ampulla, \t)kvBos, fxvpo- 
6i]Kiov, e\aio(p6pov. (Ruperti, Ad Juv. Sat. iii. 
262.) [Ampulla.] 



BALNEAE. 

passed from the furnace under the first and last 
of the caldrons by two flues, which are marked 
upon the plan. These coppers were constructed 
in the same manner as is represented in the en- 
graving from the Thermae of Titu3 ; the one con- 
taining hot water being placed immediately over 
the furnace ; and, as the water was drawn out 
from thence, it was supplied from the next, the 
tepidarium, which was already considerably heated 
from its contiguity to the furnace and the hypo- 
caust below it, so that it supplied the deficiency of 
the former without materially diminishing its tem- 
perature ; and the vacuum in this last was again 
filled up from the farthest removed, which contained 
the cold water received directly from the square 
reservoir seen behind them ; a principle which 
has at length been introduced into the modern 
bathing establishments, where its efficacy, both in 
saving time and expense, is fully acknowledged. 
The boilers themselves no longer remain, but the 
impressions which they have left in the mortar in 
which they were embedded are clearly visible, and 
enable us to ascertain their respective positions and 
dimensions, the first of which, the caldarium, is 
represented in the annexed cut. 




Behind the coppers there is another corridor ( 1 C, ), 
leading into the court or atrium (17) appropriated 
to the servants of the bath, and which has also the 
convenience of an immediate communication with 
the street by the door at C. 

We now proceed to the adjoining set of baths, 
which were assigned to the women. The entrance 
is by the door A, which conducts into a small 
vestibule ( 1H), and thence into the apodylerium 
(19), which, like the one in the men's bath, has a 
seat ( pulrintu et gradut) on cither side built up 
against the wall. This opens upon a cold bath 
('20), answering to the natatin of the other set, but 
of much smaller dimensions, and probably similar to 
the one denominated by I'liny (/. c.) puteiu. There 
nrc four steps on the inside to descend into it. 
Opposite to the door of entrance into the apulyte- 
rium is another doorway which leads to the trpi- 
iltirium (21), which also communicates with the 
thermal chamber (22), on one side of which is a 
warm bath in a square m '■••<, ;inil at tin- further 
extremity the Ijaronicum with its labrum. The 
floor of this chamber is suspended, and its walls 
perforated for flues, like the corresponding one in 
the men's baths. 

The comparative smallness and inferiority of the 
fittiiiiM-up in this suite of baths has induced some 
Italian antiquaries to throw a doubt upon the fact 
of their being assigned to the women ; and amongst 



BALNEAE. 193 
these the Abbate Iorio (Plan de Pompeii) ingeni- 
ously suggests that they were an old set of baths, 
to which the larger ones were subsequently added 
when they became too small for the increasing 
wealth and population of the city. But the story, 
already quoted, of the consul's wife who turned the 
men out of their baths at Teanum for her con- 
venience, seems sufficiently to negative such a sup- 
position ; and to prove that the inhabitants of 
ancient Italy, if not more selfish, were certainly 
less gallant than their successors. In addition to 
this, Vitruvius expressly enjoins that the baths of 
the men and women, though separate, should b.: 
contiguous to each other, in order that they might 
be supplied from the same boilers and hypocaust 
(v. 10) ; directions which are here fulfilled to the 
letter, as a glance at the plan will demonstrate. 

It does not come within the scope of this article 
to investigate the source from whence, or the man- 
ner in which, the water was supplied to the baths 
of Pompeii. But it may be remarked that the 
suggestion of Mazois, who wrote just after the ex- 
cavation was commenced, and which has been 
copied from him by the editor of the volumes on 
Pompeii published by the Society for the Diffu- 
sion of Useful Knowledge, was not confirmed by 
the excavation ; and those who are interested in the 
matter may consult the fourth appendix to the 
Plan de Pompeii, by the Abbate Iorio. 

Notwithstanding the ample account which has 
been given of the plans and usages respecting baths 
in general, something yet remains to be said about 
that particular class denominated Thermae ; of 
which establishments the baths in fact constituted 
the smallest part. The thermae, properly speaking, 
were a Roman adaptation of the Greek gymnasium 
[Gymnabiuk], or palaestra, as described by Vitru- 
vius (v. 11) ; both of which contained a system of 
baths in conjunction with conveniences for athletic 
games and youthful sports, exedrae in which the 
rhetoricians declaimed, poets recited, and philoso- 
phers lectured — as well as porticoes and vestibules 
for the idle, and libraries for the learned. They 
were decorated with the finest objects of art, both 
in painting and sculpture, covered with precious 
marbles, and adorned with fountains mid shaded 
walks and plantations, like the groves of the Aca- 
demy. It may be said that they began and ended 
with the Empire, for it was not until the time of 
Augustus that these magnificent structures were 
commenced. M. Agrippa is the first who afforded 
these luxuries to his countrymen, by bequeathing 
to them the thermae and gardens which he had 
erected in the Campus Martins. (Dion Cass. liv. 
vol. i. p. 759 ; Plin. II. X. xxxvi. 25. s. C4.) The 
Pantheon, now existing at Koine, served originally 
as a vestibule to these baths ; and, as it was con- 
sidered too magnificent for the puqmse, it is sup- 
posed that Agrippa added the portico and conse- 
crated it as a temple. It appears from n passage 
in Sidonius Apolliiiarn (farm, xxiii. 495), that 
the whole of these building, together with the 
adjacent Thermae Neroni.mae, remained entire in 
the year a. u. 4CG. Little is now left beyond a 
few fragments of ruins, and the Pantheon. The 
example set by Agrippa was followed by Nero, 
and afterwards by Titus | the mius of whose 
thermae ore still visible., covering a vast extent, 
partly under ground and partly above the Esquilinc 
Hill. Thermae wi re also erected by Trajan, Ca- 
racalla, and Diocletian, of the two last of which 
o 



194 



BALNEAE. 



BALNEAE. 



ample remains still exist ; and even as late as Con- 
stantine, besides several which were constructed 
by private individuals, P. Victor enumerates six- 
teen, and Panvinus (Urb. Rom. Dcscript. p. 106) 
has added four more. 

Previously to the erection of these establishments 
for the use of the population, it was customary for 
those who sought the favour of the people to give 
them a day's bathing free of expense. Thus, ac- 
cording to Dion Cassius (xxxvii. p. 143), Faus- 
tus, the son of Sulla, furnished warm baths and 
oil gratis to the people for one day ; and Augustus 
on one occasion furnished warm baths and barbers 
to the people for the same period free of expense 
(Id. liv. p. 755), and at another time for a whole 
year to the women as well as the men. (Id. xlix. 
p. 600.) Hence it is fair to infer that the quadrans 
paid for admission into the balneae was not exacted 
at the thermae, which, as being the works of the 
emperors, would naturally be opened with imperial 
generosity to all, and without any charge, other- 
wise the whole city would have thronged to the 
establishment bequeathed to them by Agrippa ; 
and in confirmation of this opinion it may be re- 
marked that the old establishments, which were 
probably erected by private enterprise (comp. Plin. 
H. N. ix. 54. s. 79), were termed meritoriue. (Plin. 
Ep. ii. 17.) Most, if not all, of the other regula- 
tions previously detailed as relating to the economy 
of the baths, apply equally to the thermae ; but it 



is to these establishments especially that the disso- 
lute conduct of the emperors, and other luxurious 
indulgences of the people in general, detailed in 
the compositions of the satirists and later writers, 
must be considered to refer. 

Although considerable remains of the Roman 
thermae are still visible, yet, from the very ruin- 
ous state in which they are found, we are far from 
being able to arrive at the same accurate know- 
ledge of their component parts, and the usages to 
which they were applied, as has been done with 
respect to the balneae; or indeed to discover a 
satisfactory mode of reconciling their constructive 
details with the description which Vitruvius has 
left of the baths appertaining to a Greek palaestra, 
or to the description given by Lucian of the baths 
of Hippias. All, indeed, is doubt and guess-work ; 
the learned men who have pretended to give an 
account of their contents differing in almost all the 
essential particulars from one another. And yet 
the great similarity in the ground-plan of the three 
which still remain cannot fail to convince even a 
superficial observer that they were all constructed 
upon a similar plan. Not, however, to dismiss 
the subject without enabling our readers to form 
something like a general idea of these enormous 
edifices, which, for their extent and magnificence, 
have been likened to provinces — (in modam provin- 
ciarum exstructae, Amm. Marc. xvi. 6) — a ground- 
plan is annexed of the Thermae of Caracalla, which 




BALNEAE. 

are the hest preserved amongst those remaining, 
and which were perhaps more splendid than all 
the rest Those apartments, of which the use 
is ascertained with the appearance of probability, 
are alone marked and explained. The dark parts 
represent the remains still visible, the open lines 
are restorations. 

A, Portico fronting the street made by Caracalla 
when he constructed his thermae. — - B, Separate 
bathing-rooms, either for the use of the common 
people, or perhaps for any persons who did not 
wish to bathe in public. — C, Apodyteria attached 
to them. — D, D, and E, E, the porticoes. (Vitruv. 
v. 1 1.) — F, F, Exedrae, in which there were seats 
for the philosophers to hold their conversations. 
(Vitruv. c. ; Cic. De Oral. iL 5.) — G, Hypae 
thrae, passages open to the air — Uypaet/trae am 
bulationes quas Gracci wepiSpofiiSas, nostri xystos 
appellant. (Vitruv. /. c.) — H, H, Stadia in the 
palaestra — quadrata sive Muntja. (Vitruv. /. c.) 
— I, I, Possibly schools or academies where public 
lectures were delivered. — J, J, and K, K, Rooms 
appropriated to the servants of the Ijaths (balnea- 
tores). In the latter are staircases for ascending 
to the principal reservoir. — L, Space occupied by 
walks and shrubberies — ambulutiones inter pla- 
tanones. (Vitruv. /. c.) — M, The arena or stadium 
in which the youth performed their exercises, with 
seats for the spectators (Vitruv. /. c), called the 
theatridium. — N, N, Reservoirs, with upper stories, 
sectional elevations of which are given in the two 
subsequent woodcuts. — 0, Aqueduct which sup- 
plied the baths. — P, The cistern or piscina. This 
external range of buildings occupies one mile in 
circuit 

We now come to the arrangement of the interior, 
for which it is very difficult to assign satisfactory- 
destinations. — (^represents the principal entrances, 
of which there were eight. — R, the natatio, piscina, 
or cold-water bath, to which the direct entrance 
from the portico is by a vestibule on either side 
marked S, and which is surrounded by a set. of 
chambers which served most probably as rooms for 
undressing (ajmilyti-ria), anointing (unctuuria), and 
stations for the eapsarii. Those nearest to the 
peristyle were perhaps the conisteria, where the 
powder was kept which the wrestlers used in order 
to obtain a firmer grasp upon their adversaries : — 

" Ille cavis hausto spargit me pulvere palmi.i, 
Inquc viccm fulvae tactu flavescit arenae." 

(Ovid, Met. ix. 35.) 

(Sec also Sal mas. Ad Tcrtull. /'all. p. 217, and 
Mercurialis, On Art. (Hymn. i. 8.) The inferior 
quality of the ornaments which those apartments 
have had, and the staircases in two of them, afford 
evidence that they were occupied by menials. 
T, is considered to be the tepidanum, with four 
warm baths (v, v, u, v) taken out of its four angles, 
and two lalira on its two thinks. There arc steps 
for descending into the baths, in one of which 
traces of the conduit me still manifest. Thus it 
would appear that the crntre part of this npartinrnt 
served as a tepidarium, hnwng a l*ilwum or c//<Ai 
lavatio in four of its corners. The centre part, like 
that also of the preceding apartment, is supported 
by eight immense columns. 

The apartments beyond this, which arc too much 
dilapidated to be restored with any degree of cer- 
tainly, contained of course the lnconicum and 
sudatories, for which the round chamber W, and 



BALNEAE. 



1.05 



its appurtenances seem to be adapted, and which 
are also contiguous to the reservoirs, Z, Z. (Vitruv. 
v. 11.) 

e, e, probably comprised the eplubia, or places 
where the youth were taught their exercises, with 
the appurtenances belonging to them, such as the 
sphaeristerium and corycacum. The first of these 
takes its name from the game at ball, so much in 
favour with the Romans, at which Martial's friend 
was playing when the bell sounded to announce 
that the water was ready. (Mart. xiv. 10":).) The 
latter is derived from Ktipvuus, a sack (Hesvch. 
s. v.), which was filled with bran and olive husks 
for the young, and sand for the more robust, and 
then suspended at a certain height, and swung 
backwards and forwards by the players. (Aulis, 
Lie 0'i/mn. Const, p. 9 ; Antill. ap. OriUis. Cull. 
Med. 6.) 

The chambers also on the other side, which arc 
not marked, probably served for the exercises of 
the palaestra in bad weather. (Vitruv. v. 1 1.) 

These baths contained an upper story, of which 
nothing remains beyond what is just sufficient to 
indicate the fact. They have been mentioned and 
eulogized by several of the Latin authors. (Spar- 
tian. Caracall. c. !) ; Lamprid. Hcliixjab. c. 17, 
Alex. Sever, c. 25 ; Eutropius, viii. 1 1 ; Olvmp. 
apud Phot, p. 114, ed. Aug. Vindcl. 1601.) 

It will be observed that there is no part of the 
bathing department separated from the rest, which 
could be assigned for the use of the women ex- 
clusively. From this it must be inferred either 
that both sexes always bathed together promiscu- 
ously in the thermae, or that the women were 
excluded altogether from these establishments, and 
only admitted to the balneae. 

It remains to explain the manner in which the 
immense body of water required for the supply of 
a set of baths in the thermae was heated, which 
has been performed very satisfactorily by Piranesi 
and Cameron, as may be seen by a reference to the 
two subjoined sections of the castclluiH aquaeducttu 
and piscina belonging to the Thermae of Caracalla. 





A, Arches of the oquacduct which conveyed 
the wnt<-r into tlm piscina BL from whence it 
Bowed into the upper range of cells through the 
SpefturC nt C, and thence again descended into 
o 2 



196 



BALTEUS. 



the lower ones by the aperture at D, which were 
placed immediately over the hypocaust E ; the 
praefurnion of which is seen in the transverse 
section, at F in the lower cut. There were 
thirty-two of these cells arranged in two rows 
over the hypocaust, sixteen on each side, and all 
communicating with each other ; and over these a 
similar number similarly arranged, which com- 
municated with those below by the aperture at D. 
The parting walls between these cells were like- 
wise perforated with flues, which served to dis- 
seminate the heat all around the whole body of 
water. When the water was sufficiently warm, it 
was turned on to the baths through pipes conducted 
likewise through flues in order to prevent the loss 
of temperature during the passage, and the vacuum 
was supplied by tepid water from the range above, 
which was replenished from the piscina ; exactly 
upon the principle represented in the drawing from 
the Thermae of Titus, ingeniously applied upon a 
much larger scale. (The most important modern 
works on the Roman baths are the following : 
Winckelmann, numerous passages in his works ; 
the descriptions of the Roman baths by Cameron, 
Lond. 1772, and Palladio and Scamozzi, Vicenza, 
1785 ; Stieglitz, Arch'dologie der Baukwnst, vol. ii. 
p. 267, &c. ; Hirt, Lehre der Gebdude, p. 233, &c. ; 
Weinbrenner, Entwurfe and Erg'dnzungen antiker 
Gebdude, Carlsruhe, 1822, part i; the editors of 
Vitruvius, especially Schneider, vol. ii. pp. 375 — 
391 ; for the baths of Pompeii, Bechi, Mus. Bor- 
bon. vol. ii. pp. 49 — 52 ; Gell, Pompeiana ; Pom- 
peii in the Lib. Ent. Know. ; and for the best 
summary of the whole subject, Becker, Gallus, vol. 
ii. p. 11, &c.) [A.R.] 

BA'LTEUS, or BA'LTEA in the plural 
(TtXa.ij.div), a belt, a shoulder-belt, a baldric, 
was used to suspend the sword ; and, as the 
sword commonly hung beside the left hip, its belt 
was supported by the right shoulder, and passed 
obliquely over the breast, as is seen in the beauti- 
ful cameo here introduced from the Florentine 
Museum. In the Homeric times the Greeks also 




used a belt to support the shield ; and this second 
belt lay over the other, and was larger and broader 
than it (II. xiv. 404 — 406) ; but as this shield- 
belt was found inconvenient, it was superseded by 
the invention of the Carian 6x avov [ClipEUS.] 
The very early disuse of the shield-belt accounts 



BARBA. 

for the fact, that this part of the ancient armour 
is never exhibited in paintings or sculptures. A 
third use of the balteus was to suspend the quiver, 
and sometimes together with it the bow. (N ernes. 
Cyneg. 91.) The belt was usually made of leather, 
but was ornamented with gold, silver, and precious 
stones, and on it subjects of ancient art were fre- 
quently embroidered or embossed. (Herod, i. 
171 ; XP" cr60s TtKa.jj.aiv, Od. xi. 610 ; <paav6s, 
E. xii. 401 ; Virg. Aen. v. 312.) The belts of 
the Roman emperors were also magnificently 
adorned, and we learn from inscriptions that there 
was a distinct officer — the baltearius — who had 
the charge of them in the imperial palace. (Tre- 
bell. Poll. Gallien. 16.) 

BA'LTEUS, in architecture. Vitruvius ap- 
plies the term " baltei " to the bands surrounding 
the volute on each side of an Ionic capital. (De 
Arch. iii. 5. ed. Schneider ; Genelli, Briefe uber 
Vitruv. ii. p. 35.) [Columna.] Other writers 
apply it to the praecinctiones of an amphitheatre. 
(Calpurn. Eel. vii. 47 ; Tertullian, De Spectac. 3 ; 
Amphithbatrum). In the amphitheatre at 
Verona the baltei are found by measurement to be 
2^ feet high, the steps which they enclose being 
one foot two inches high. [J. Y.] 

BAPT 1 STE'RI UM. [Balneum.] 

BARATHRON (pdpadpov), also called ORUG- 
MA (bpvyfia), was a deep pit at Athens, with 
hooks on the sides, into which criminals were cast. 
It was situate in the demus KeipiaSai. It is men- 
tioned as early as the Persian wars, and continued 
to be employed as a mode of punishment in the 
time of the orators. The executioner was called 
<5 iirl t$ opvy/xaTi. (Schol. ad Aristoph. Pint. 431 ; 
Harpocrat. s.vv.; Herod, vii. 133 ; ~Ken.Hell.i. 7. 
§ 21 ; Lycurg. c. Leocrat. p. 221 ; Deinarch. c. 
Dem.]). 49 ; Wachsmuth, Heilen. Alterthumsk. vol. 
ii. p. 204, 2nd edit.) It corresponded to the Spartan 
Ceadas. [Ceadas.] 

BARBA (iruyaiv, yevewv, \m$\vi\, Aristoph. 
Lysist. 1072), the beard. The fashions which 
have prevailed at different times, and in different 
countries, with respect to the beard, have been very 
various. The most refined modern nations regard 
the beard as an encumbrance, without beauty or 
meaning ; but the ancients generally cultivated its 
growth and form with special attention ; and that 
the Greeks were not behind-hand in this, any 
more than in other arts, is sufficiently shown by 
the statues of their philosophers. The phrase 
nasyuivoT po<pe?v, which is applied to letting the 
beard grow, implies a positive culture. Generally 
speaking, a thick beard, vdyoiv fiaBvs, or fiavvs, 
was considered as a mark of manliness. The' 
Greek philosophers were distinguished by their 
long beards as a sort of badge, and hence the term 
which Persius (Sat. iv. 1) applies to Socrates 
magister barbatus. The Homeric heroes were 
bearded men. So Agamemnon, Ajax, Menelaus, 
Ulysses (II. xxii. 74, xxiv. 516, Od. xvi. 176). 
According to Chrysippus, cited by Athenaeus 
(xiii. p. 565), the Greeks wore the beard till the 
time of Alexander the Great, and he adds that the 
first man who was shaven was called ever after 
ic6par)v, " shaven " (from /cej'pco). Plutarch (Thes. 
c. 5) says that the reason for the shaving was that 
they might not be pulled by the beard in battle. 
The custom of shaving the beard continued among 
the Greeks till the time of Justinian, and during 
that period even the statues of the philosophers 



BAR DA. 



BARDA. 



197 



were without the heard. The philosophers, how- 
ever, generally continued the old hadge of their 
profession, and their ostentation in so doing gave 
rise to the saying that a long beard does not make 
a philosopher (irorywvoTpo<pta <pt\6o~o<pov ov iroifi), 
and a man, whose wisdom stopped with his beard, 
was called ck irdrywvos ao<p6$. (Compare GelL ix. 
2 ; Quint. xL 1). The Romans in early times 
wore the beard uncut, as we learn from the insult 
offered by the Gaul to M. Papirius (Liv. v. 41), 
and from Cicero (Pro Cad. 14) ; and according 
to Varro (De Re Rust. iL 1 1) and Pliny (vii. 59), 
the Roman beards were not shaven till B. c. 300, 
when P. Ticinius Maenas brought over a barber 
from Sicily ; and Pliny adds, that the first Roman 
who was shaved (rasus) every day was Scipio 
Africanus. His custom, however, was soon fol- 
lowed, and shaving became a regular thing. The 
lower orders, then as now, were not always able to 
do the same, and hence the jeers of Martial (viL 
95, xii. 59). In the later times of the republic 
there were many who shaved the beard only par- 
tially, and trimmed it, so as to give it an orna- 
mental form ; to them the terms bene barbati (Cic. 
CatxL ii. 10) and barbatuli (Cic. ad Alt. i. 14, 16, 
Pro Cad. 14) are applied. When in mourning all 
the higher as well as the lower orders let their 
beards grow. 

In the general way in Rome at this time, a 
long beard (Ijarba promissa, Liv. xxvii. 34) was 
considered a mark of slovenliness and squalor. 
The censors, L. Vcturius and P. Licinius, com- 
pelled M. Livius, who had been banished, on his 
restoration to the city, to be shaved, and to lay 
aside his dirty appearance (tonderi et squaJorem 
drjnnere), and then, but not till then, to come into 
the senate, &c. (Liv. xxvii. 34.) The first time of 
shaving was regarded as the beginning of mai-hood, 
and the day on which this took place was cele- 
brated as a festival. (Juv. Sal. iii. 186.) There 
was no particular time fixed for this to be done. 
Usually, however, it was done when the young 
Roman assumed the toga virilis (Suet. Calig. 10). 
Augustus did it in his 24th year ; Caligula in his 
20th. The hair cut off on such occasions was con- 
secrated to some god. Thus Nero put his up in a 
gold box, set with pearls, and dedicated it to Jupi- 
ter Capitolinus. (Suet Ner. 12.) 

With the emperor Hadrian the beard began to 
revive (Dion Cass. lxviiL 15). Plutarch says that 
the emperor wore it to hide some scars on his face. 
The practice afterwards became common, and till 
the time of Constantino the Great, the emperors 
appear in busts and coins with beards. The Ro- 
mans let their beards grew in time of mourning ; 
to Augustus did (Suet. Aug. 23) for the death of 
Julius Caesar, and the time when he had it shaved 
off he made a season of festivity. ( Dion Cass, 
xlviii. 34 ; comp. Cic. in I'err. ii. 12.) The 
Greeks, on the other hand, on such occasions 
shaved the beard close. Tacitus (derm. c. 3) says 
that the Catti let their hair and beard grow, and 
would not have them cut till they had slain an 
Bncmy. (Compare Decker, Charildcs, vol. ii. 
p. B87, &c) 

BarBIHS. The Greek name for a barber was 
novpii'f, and the Latin tonsnr. The term em- 
ployed in modem European languages is derived 
from the low Latin bartxUoriu*, which is found in 
Petronius. The barber of the ancients was a far 
more important personage than his modem repre- 



sentative. Men had not often the necessary im- 
plements for the various operations of the toilet ; 
combs, mirrors, perfumes, and tools for clipping, 
cutting, shaving, &c. Accordingly the whole pro- 
cess had to be performed at the barber's, and hence 
the great concourse of people who daily gossipped 
at the tonstrina, or barber's shop. Besides the 
duties of a barber and hairdresser, strictly so 
called, the ancient (onsor discharged other offices. 
He was also a nail-parer. He was, in fact, much 
what the English barber was when he extracted 
teeth, as well as cut and dressed hair. People 
who kept the necessary instruments for all the 
different operations, generally had also slaves ex- 
pressly for the purpose of performing them. The 
business of the barber was threefold. First there 
was the cutting of hair : hence the barber's ques- 
tion, iris at Keipui (Plut. De Gamil. 13). For 
this purpose he used various knives of different 
sizes and shapes, and degrees of sharpness : hence 
Lucian (Adv. Induct, c. 29), in enumerating the 
apparatus of a barber's shop, mentions k\t\6os 
uaxaipiSiuy (pdxatpa, u.axatpis, Kovpis are used 
also, in Latin culter) ; but scissors, ^aXis, 5i7rA^ 
fidxatpa (Pollux, ii. 32; in Latin for/ex, axicia) 
were used too. (Compare Aristoph. Ac/iam. 848 ; 
Lucian, Pis. c. 46.) Moxoipa was the usual word. 
Irregularity and unevenness of the hair was con- 
sidered a great blemish, as appears generally, and 
from Horace (Sat. i. 3. 31, and Epist. \: 1. 94), and 
accordingly after the hair-cutting the uneven hairs 
were pulled out by tweezers, an operation to which 
Pollux (ii. 34) applies the term irapa\t-ftof)a.i. 
So the hangers-on on great men, who wished to 
look young, were accustomed to pull out the grey 
hairs for them. (Arist. Eq. 908.) This was con- 
sidered, however, a mark of effeminacy. (GelL 
TO 12 ; Cic. Pro Rose. Com. 7.) Thep'ersnn who 
was to be operated on by the barber had a rough 
cloth (iifi6\ivov, inroluere in PlautuB, Capt. ii. 2. 
17) laid on his shoulders, as now, to keep the 
hairs off his dress, Sic. The second part of the 
business was shaving (radere, rasitarr, £upeu>). 
This was done with a {i/poV, a novncula (Lamprid. 
Heliog. c. 31), razor (as we, retaining the Latin 
root, call it), which he kept in a case, dyK-n, 
IvpoOrin-n, Ivpoiinrns, " a razor-case" (Aristoph. 
Thesm. 220 ; Pollux, ii. 32 ; Petron. 94). Some 
who would not submit to the operation of the razor 
used instead some powerful depilatory ointments, 
or plasters, as psiluthron. (Plin. xxxii. 10. 47; 
acida Creta, Martial, vi. 93. 9 ; Vcnrtum lulum, 
iii. 74 ; dropax, iii. 74 ; x. 65.) Stray hairs which 
escaped the razor were pulled out with small 
pincers or tweezers (rolsd/ae, rpixoKdGiov). The 
third part of the barber's work was to pare the 
nails of the hands, an operation which the Greeks 
expressed by the words uvvxK* 1 ' 1 and oiroi'uxlC*'*' 
(Aristoph. ICq. 706 ; and SrJiol. ; Theophi.ist. 
Charact. c. 26; Pollux, ii. 146). The instru- 
ments used for this purpose were called ovuxurTfipii, 
sr. uaxaipta. ( Pollux, x. 1 40.) This practice of 
employing a man expressly to pare the nails ex- 
plains Plautus's humorous description of the miserly 
Euclio (Aulul. ii. 4. 34): — 

u Quin ipsi ouidem tonsor ungues dempserat, 
Collegit, omnia abstulit pniesegmina." 

Even to the miser it did not ocrur to pare his nnils 
himself, and save the money he would have to MY; 
but only to collect the parings in hope of making 
o 3 



198 



BASILICA. 



BASILICA. 



something by them. So Martial, in rallying a fop, 
who had tried to dispense with the barber's ser- 
vices, by using different kinds of plasters, &c., 
asks him {Epig. iii. 74), Quid facieut ungues ? 
What will your nails do ? How will you get your 
nails pared? So Tibullus says (i. 8. 11), quid 
(prodest) unoues artifieis docta subsecuisse manu ; 
from which it appears that the person addressed 
was in the habit of employing one of the more 
fashionable tonsors. The instruments used are 
referred to by Martial. (Epig. xiv. 36, Instru- 
menta tonsoria.) [A. A.] 

BA'RBITOS, or BA'RBITON. [Lyra.] 
BASANOS (/3<Wos). [Tormentum.] 
BASCA'NIA (frarrKavia). [Fascinum.J 
BASCAUDA, a British basket. This term, 
which remains with very little variation in the 
Welsh " basgawd," and the English " basket," 
was conveyed to Rome together with the articles 
denoted by it. We find it used by Juvenal (xii. 
46) and by Martial (xiv. 99) in connections which 
imply that these articles were held in much esteem 
by the luxurious Romans. [J. Y.] 

BASILEIA (fiaaiAeta), a festival celebrated 
at Lebadeia, in Boeotia, in honour of Trophonius, 
who had the surname of BaeriAeus. This festival 
was also called Trophonia — Tpo<p<ivia (Pollux, i. 
37) ; and was first observed under the latter name 
as a general festival of the Boeotians after the battle 
of Leuctra. (Diod. xv. 53.) 

BA'SILEUS (0«criA<=vs). [Rex.] 
BASI'LICA (sc. aedes, aula, porticos — Pacri- 
Ai/c^, also regia, Stat. Silv. i. 1. 30 ; Suet. Aug. 
31), a building which served as a court of law and 
an exchange, or place of meeting for merchants and 
men of business. The two uses are so mixed up 
together that it is not always easy to say which 
was the principal. Thus the basilica at Fanum, 
of which Vitruvius himself was the architect, was 
entirely devoted to business, and the courts were 
held in a small building attached to it, — the 
temple of Augustus. The term is derived, ac- 
cording to Philander (Comment, in Vitruv.), from 
fiaaiKtvs, a king, in reference to early times, when 
the chief magistrate administered the laws he made; 
but it is more immediately adopted from the Greeks 
of Athens, whose second archon was styled apxuv 
/SainAeus, and the tribunal where he adjudicated 
o"tok jSair/Aeios (Paus. i. 3. § 1 ; Demosth. c. Aristo- 
geit. p. 776), the substantive aula or portions in Latin 
being omitted for convenience. The Greek writers 
who speak of the Roman basilicae, call them some- 
times ffTocu fiaaiAiKal, and sometimes merely 
ctoq.1. 

The name alone would make it highly probable 
that the Romans were indebted to the Greeks for 
the idea of the building, which was probably bor- 
rowed from the o"Toa f}a(ri\eios at Athens. In 
its original form it may be described as an insulated 
portico, detached from the agora or forum, for the 
more convenient transaction of business, which 
formerly took place in the porticoes of the agora 
itself ; in fact, a sort of agora in miniature. The 
court of the Hellanodicae, in the old agora of Elis, 
was exactly of the form of a basilica. [Agora]. 

The first edifice of this description was not 
erected until B c. 184 (Liv. xxxix. 44) ; for it is 
expressly stated by the historian, that there were 
no basilicae at the time of the fire, which de- 
stroyed so many buildings in the forum, under the 
consulate of Marcellus and Laevinus, B.C. 210. 



(Liv. xxvi. 27.) It was situated in the forum ad- 
joining the curia, and was denominated basilica 
Porcia, in commemoration of its founder, M. 
Porcius Cato. Besides this, there were twenty 
others, erected at different periods, within the city 
of Rome (Pitisc. Lex. Ant. s. v. Basilica), of which 
the following are the most frequently alluded to by 
the ancient authors : — 1. Basilica Sempronia, con- 
structed by Titus Sempronius, B. c. 171 (Liv. xliv. 
16) ; and supposed, by Donati and Nardini, to have 
been between the vicus Tuscus and the Velabrum. 

2. Basilica Opimia, which was above the comitium. 

3. Basilica Pauli Aemilii, or Basilica Aemilia, 
called also Regia Pauli by Statius (I. c). Cicero 
(Ad Att. iv. 16) mentions two basilicae of this 
name, of which one was built, and the other only 
restored, by Paulus Aemilius. Both these edifices 
were in the forum, and one was celebrated for its 
open peristyle of Phrygian columns. A repre- 
sentation of this one is given below from a coin of 
the Aemilia gens. (Plin. //. N. xxxvi. 24 ; Appian, 
B. C. ii. 26 ; Plut. Caes. 29.) The position of 
these two basilicae has given rise to much con- 
troversy, a brief account of which is given in the 
Diet, of Biog. Vol. II. p. 766. 4. Basilica Pom- 
peii, called also regia (Suet. Aug. 31), near the 
theatre of Pompey. 5. Basilica Julia, erected by 
Julius Caesar, in the forum, and opposite to the 
basilica Aemilia. (Suet. Calig. 37.) 6. Basilica 
Caii et Lucii, the grandsons of Augustus, by whom 
it was founded. (Suet. Aug. 29.) 7. Basilica 
Vlpia, or Trajani, in the forum of Trajan. 8. 
Basilica Constantini, erected by the emperor Con- 
stantino, supposed to be the ruin now remaining 
on the via sacra, near the temple of Rome and 
Venus, and commonly called the temple of Peace. 
Of all these magnificent edifices nothing now re- 
mains beyond the ground-plan, and the bases and 
some portion of the columns and superstructure 
of the two last. The basilica at Pompeii is in 
better preservation ; the external walls, ranges of 
columns, and tribunal of the judges, being still 
tolerably perfect on the ground-floor. 

The forum, or, where there was more than one, 
the one which was in the most frequented and 
central part of the city, was always selected for the 
site of a basilica ; and hence it is that the classic 
writers not unfrequently use the terms forum and 
basilica synonymously, as in the passage of Clau- 
dian (Da Honor. Cons. vi. 645) : — Desuetaque 
cingit Regius auratis fora fascibus JJlpia lictor, 
where the forum is not meant, but the basilica 
which was in it, and which was surrounded by the 
lictors who stood in the forum. (Pitisc. Lex. Ant. 
I. c. ; Nard. Rom. Ant. v. 9.) 

Vitruvius (v. 1) directs that the most sheltered 
part of the forum should be selected for the site of 
a basilica, in order that the public might suffer as 
little as possible from exposure to bad weather, 
whilst going to, or returning from, their place of 
business ; he might also have added, for their 
greater convenience whilst engaged within, since 
many of these edifices, and all of the more ancient 
ones, were entirely open to the external air, being 
surrounded and protected solely by an open peri- 
style of columns, as the annexed representation of 
the basilica Aemilia from a medal of Lepidus, with 
the inscription, clearly shows. 

When, however, the Romans became wealthy 
and refined, and consequently more effeminate, a 
wall was substituted for the external peristyle, and 



BASILICA. 

/77illl\\vA V 

at 



•1 



the columns were confined to the interior ; or, if 
used externally, it was only in decorating the 
irpoVaos, or vestibule of entrance. This was the 
only change which took place in the form of these 
buildings, from the time of their first institution, 
until they were converted into Christian churches. 
The ground plan of all of them is rectangular, and 
their width not more than half, nor less than one- 
third of the length (Yitruv. /. c.) ; but if the area 
on which the edifice was to be raised was not pro- 
portionally long, small chambers (chalcidka) were 
cut off from one of the ends (Yitruv. /. c), 
which served as offices for the judges or mer- 
chants. This area was divided into three parts, 
consisting of a central nave (media porticus), and 
two side aisles, each separated from the centre by 
a single row of columns — a mode of construction 
particularly adapted to buildings intended for the 
reception of a large concourse of people. At one 
end of the centre aisle was the tribunal of the 
judge, in form either rectangular or circular, and 
sometimes cut off from the length of the grand 
nave (as is seen in the annexed plan of the basilica 
at Pompeii, which also affords an example of the 
chambers of the judiccs, or chalcidica, above men- 




tioned), or otherwise thrown out from the hinder 
wall of the building, like the tribune of some of 
the most ancient churches in Kome, and then called 
the hemicyclc — an instance of which is afforded 
in the basilica Trajani, of which the plan is given 
below. It will be observed that this was a most 
sumptuous edifice, possessing a double tribune, and 
double row of columns on each side of the centre 
aisle, dividing the whole into five aisles. 

The internal tribune was probably the original 
construction, when the basilica was simply used as 
n court of justice ; but when those spacious halls 
were erected for the convenience of traders as well 
us loungers, then the semicircular and external tri- 
bune was adopted, in order that the noise and con- 
fusion in the basilica might not interrupt tin- 
proceedings of the magistrates. (Vitruv. /. e.) In 
the centre of this tribune was placed the curulc 
chair of the praetor, and seats for the judiccs, who 
tometimes amounted to the number of I (111 (Plin. 
A'/'. \i. 33), and the advocates ; nnd round tin- 
sides of the hemicyclc, called the wings (ctirnun), 
were scats for persons of distinction, and for the 
parties engaged in the proceedings. It was in the 
wing of the tribune that Tiberius sat to overawe 
the judgment at the trial of (iranius Marcellus. 



BASILICA. 199 

(Tacit. Arm. L 75.) The two side aisles, as has 
been said, were separated from the centre one by a 
row of columns, behind each of which was placed 
a square pier or pilaster (parastaia, Vitruv. (. c), 
which supported the flooring of an upper portico, 
similar to the gallery of a modern church. The 
upper gallery was in like manner decorated with 




columns of smaller dimensions than those below ; 
and these served to support the roof, and were 
connected with one another by a parapet-wall or 
balustrade (pluteus, Vitruv. /. c), which served as 
a defence against the danger of falling over, and 
screened the crowd of loiterers above (su/ifxtsilimni. 
Plant C'upl. iv. 2. 35) from the people of business 
in the area below. (Vitruv. /. c.) This gallery 
reached entirely round the inside of the building, 
and was frequented by women as well as men, the 
women on one side and the men on the other, who 
went to hear and sec what was going on. (Plin. 
/. c.) The staircase which led to the upper portico 
was on the outside, as is seen in the plan of the 
basilica of Pompeii. It is similarly situated in the 
basilica of Constantino. The whole an a of these 
magnificent structures was covered in with three 
separate ceilings, of the kind called tesludinutum, 
like a tortoise-shell ; in technical language now 
denominated anvil, an expression used to distin- 
guish a ceiling which has the general appearance of 
a vault, the central part of which is, however, Hat, 
while the margins incline by n cylindrical shell 
from each of the four sides of the central square to 
the sido walls ; in which form the ancients ima- 
gined a resemblance to the shell of n tortoise. 

From the description which has been given, it 
will be evident how much these edifices were 
adapted in their general form and construction to 
the uses of a Christian church ; to which purpose 
many of them were, in fact, converted in the time 
of Cunstantine. Hence the later writers of the 
o I 



200 



BASILICA. 



BAXA. 



empire apply the term basilicae to all churches 
built after the model just described ; and such were 
the earliest edifices dedicated to Christian worship, 
which, with their original designation, continue to 
this day, being still called at Rome basiliehe. A 
Christian basilica consisted of four principal parts : 
— 1 . Ylp6uaos, the vestibule of entrance. 2. Nads, 
navis, and sometimes gremium, the nave or centre 
aisle, which was divided from the two side ones by 
a row of columns on each of its sides. Here the 
people assembled for the purposes of worship. 3. 
"A^Scne (from draScu'eeie, to ascend), chorus (the 
choir), and suggestum, a part of the lower extremity 
of the nave raised above the general level of the 
floor by a flight of steps. 4. 'Iepcn-eiop, Upbv 
sancluarium, which answered to the tribune 
of the ancient basilica. In the centre of this 
sanctuary was placed the high altar, under a taber- 
nacle or canopy, such as still remains in the basilica 
of St. John of Lateran, at Rome, at which the 
priest officiated with his face turned towards the 
people. Around this altar, and in the wings of the 
sanctuarium, were seats for the assistant clergy, 
with an elevated chair for the bishop at the bottom 
of the circle in the centre. (T/ieatr. Basil. Pisan. 
cura Josep. Marl. Canon, iii. p. 8 ; Ciamp. Vet. 
Men. i. ii. et De Sacr. Ed. ; Stieglitz, Arch'dol. d. 
Baulcunst, vol. iii. pp. 19, &c ; Hirt. Lehre d. Ge- 
b'dude, pp. 180, &c ; Bunsen, Die Basiliken des 
Christlichen Roms, Munich, 1844.) [A. R.] 

BASl'LICA. About a. b. 876, the Greek 
emperor Basilius, the Macedonian, commenced 
this work, which was completed by his son Leo, 
the philosopher, who reigned from A. D. 886 to 
911. Before the reign of Basilius, there had been 
several Greek translations of the Pandect, the 
Code, and the Institutes ; but there was no autho- 
rised Greek version of them. The numerous Con- 
stitutions of Justinian's successors, and the contra- 
dictory interpretations of the jurists, were a further 
reason for publishing a revised Greek text under 
the imperial authority. This great work was 
called 'AvaKaBapcrts rwv ■KctXaiav v6jxav, rb e£?j- 
KovragiShiov, 6 PoktiAikSs (v6/j.os) and to, 0ao-iAiicd. 
It was revised by the order of Constantinus Por- 
phyrogenneta, about A. D. 945. The Basilica com- 
prised the Institutes, Pandect, Code, the Novellae, 
and the imperial Constitutions subsequent to the 
time of Justinian, in sixty books, which are subdi- 
vided into titles. For the Institutes the paraphrase 
of Theophilus was used, for the Digest the nXdros 
of Stephanus, and the commentary of Cyrillus and 
of an anonymous author, for the Code the koto. 
irdbas of Thalelaeus and the work of Theodoras, 
and for the Novellae, except the 168, the Summae 
of Theodoras, Athanasius, and Philoxenus. The 
publication of this authorised body of law in the 
Greek language led to the gradual disuse of the 
original compilations of Justinian in the East. But 
the Roman law was thus more firmly established 
in Eastern Europe and Western Asia, where it 
has maintained itself among the Greek population 
to the present day. 

The arrangement of the matter in the Basilica 
is as follows; — All the matter relating to a given 
subject is selected from the Corpus Juris ; the 
extracts from the Pandect are placed first under 
each title, then the constitutions of the Code, and 
next in order the provisions contained in the Insti- 
tutes and the Novellae, which confirm or complete 
the provisions of the Pandect. The Basilica does 



not contain all that the Corpus Juris contains ; but 
it contains numerous fragments of the opinions of 
ancient jurists, and of imperial Constitutions, which 
are not in the Corpus Juris. 

The Basilica were published, with a Latin ver- 
sion, by Fabrot, Paris, 1647, seven vols, folio. 
Fabrot published only thirty-six books complete, 
and six others incomplete : the other books were 
made up from an extract from the Basilica and the 
Scholiasts. Four of the deficient books were after- 
wards found in MS., and published by Gerhard 
Meerman, with a translation by M. Otto Reitz, in 
the fifth volume of his Thesaurus Juris Civilis et 
Canonici ; and they were also published separately 
in London, in 1765, folio, as a supplement to 
Fabrot's edition. A new critical edition, by 
C. Guil. E. Heimbach, Leipzig, 1833, &c, 4to., 
has been commenced. (Booking, Institutionen, vol. 
i. p. 105.) 

BASTERNA, a kind of litter (lectica) in which 
women were carried in the time of the Roman em- 
perors. It appears to have resembled the lectica 
[Lectica] very closely ; and the only difference 
apparently was, that the lectica was carried by 
slaves, and the basterna by two mules. Several 
etymologies of the word have been proposed. Sal- 
masius supposes it to be derived from the Greek 
fiao-Td(u (Salm. ad Lamprid. Heliog. 21). A de- 
scription of a basterna is given by a poet in the 
Anth. Lot. iii. 183. 

BAXA, or BAXEA, a sandal made of vege- 
table leaves, twigs, or fibres. According to Isidore 
(Orig. xix. 33), this kind of sandal was worn on 
the stage by comic, whilst the cothurnus was ap- 
propriate to tragic actors. When, therefore, one of 
the characters in Plautus (Men. ii. 3. 40) says, 
Qui extergentur baxae ? we may suppose him to 
point to the sandals on his feet. Philosophers also 
wore sandals of this description, at least in the 
time of Tertullian (De Pallio, 4) and Appuleius 
(Met. ii. and xi.), and probably for the sake of sim- 
plicity and cheapness. Isidore adds, that baxeae 
were made of willow (ex salice), and that they 
were also called calones ; and he thinks that the 
latter term was derived from the Greek koXov, 
wood. From numerous specimens of them dis- 
covered in . the catacombs, we perceive that the 
Egyptians made them of palm-leaves and papyrus. 
(Wilkinson, Manners and Customs, vol. iii. p. 336.) 
They are sometimes observable on the feet of 
Egyptian statues. According to Herodotus, san- 
dals of papyrus (inroS-fifiaTa. fivgAiva, ii. 37) were 
a part of the required and characteristic dress of 
the Egyptian priests. We may presume that he 
intended his words to include not only sandals 
made, strictly speaking, of papyrus, but those also 
in which the leaves of the date-palm were an in- 
gredient, and of which Appuleius makes distinct 
mention, when he describes a young priest covered 
with a linen sheet and wearing sandals of palm 
(linieis amiculis intectum, pedesque palmeis baxeis 
indutum, Met. ii). The accompanying woodcut 
shows two sandals exactly answering to this de- 
scription, from the collection in the British Museum. 
The upper one was worn on the right foot. It has 
a loop on the right side for fastening the band 
which went across the instep. This band, together 
with the ligature connected with it, which was in- 
serted between the great and the second toe, is 
made of the stem of the papyrus, undivided and 
unwrought. The lower figure shows a sandal in 



BENDIDEIA. 



BEXEFICIl'M. 



201 



which the portions of the palm-leaf are interlaced 
with great neatness and regularity, the sewing and 
binding being effected by fibres of papyrus. The 
three holes may be observed for the passage of the 
band and ligature already mentioned. [J. Y.] 




BEBAIO'SEOS DIKE' ($eSa t w<Teus Si'irn), 
an action to compel the vendor to make a good 
title, was had recourse to when the right or pos- 
session of the purchaser was impugned or disturbed 
by a third person. A claimant under these cir- 
cumstances, unless the present owner were inclined 
to fight the battle himself (avronax^"), was re- 
ferred to the vendor as the proper defendant in the 
cause (€i's Trparfipa avaytiv). If the vendor were 
then unwilling to appear, the action in question 
was the legal remedy against him, and might be 
resorted to by the purchaser even when the earnest 
only had been paid. (Ilarpocrat. s. r. AuTo/iax*'"* 
BtSa/dKnj.) From the passages in the oration of 
Demosthenes against Pantacnetus that bear upon 
the subject, it is concluded by Heraldus (Animad. 
in Halm. iv. 3. 6) that the liability to be so called 
upon was inherent in the character of a vendor, 
and therefore not the subject of specific warranty 
or covenants for title. The same critic also con- 
cludes, from the glosses of Hesychius and Suidas, 
that this action might in like manner be brought 
against a fraudulent mortgager. (Animad. inSalm. 
iv. in fin.) If the claimant had established his 
right, and been by the decision of the dicasts put in 
legal possession of the property, whether movable 
or otherwise, as appears from the case in the 
speech against Pantacnetus, the ejected purchaser 
was entitled to sue for reimbursement from the 
Ten dor by the action in question. (Pollux, viii. 
6.) The cause is classed by Meier (Alt. Process. 
p. .V.'li) among the iixai irp/is Tifa, or civil actions 
that fell within the cognizance of the thcBmo- 
thetne. [J.8.M.] 

BBMA (Prina), the plntform from which the 
orators spoke in the Athenian /kkAtjitio, is dc- 
srribed under Ecci.esia. It is used by the Greek 
mitoa on Roman ntTairs to indicate the Roman 
tribunnl. (See e. g. Pint. Pump. 41.) 

BENDIDEIA (B*KOi'o'«ia), a festival celebrated 
in the port town of Pciraccus in honour of Bendis, 
a Thrncinn divinity, whose worship seems to have 
been introduced into Attica about the time of 
Socrates, for Plato (l)r He Puhl. in it.) introduces 
Socrates giving an opinion on the Hcndidcia, and 
saying that it was thm celebrated for the first 
time. It was celebrated on the 20th, or according 
to others, on the 19th of Thargelion. (Sehol. <id 
Pin/. Hffmli. i. p. I ; ProrliiH, ml Pint. Tim. 
pp. 3 — 27.) The festival resembled, in its cha- 



racter, those celebrated in honour of Dionysus 
(Strab. x. p. 470), though Plato (/. c. p. 354) men- 
tions only feasting ; but the principal solemnities 
seem to have consisted in a procession held by the 
Thracians settled in Peiraeeus, and another held 
by the Peiraeans themselves, which, according to 
Plato (De Re Publ. ink.), were held with great 
decorum and propriety, and a torch race on horse- 
back in the evening. The Athenians identified 
Bendis with their own Artemis (Hesych. s. v. 
BcVSis), but the temple of Bendis (BecSiSeioe) at 
Peiraeeus was near that of Artemis, whence it is 
clear that the two divinities must have been dis- 
tinct. (Xenoph. Hellen. ii. 4. §11; comp. Liv. 
xxxviii. 41 ; Ruhnkcn, ml Tim. Gloss, p. 62 ; Clin- 
ton, F. II. vol. ii. p. 402, 3d edit.) [L. S.j 

BENEFI'CIUM ABSTINENDI. [Herbs.] 

BENEFI'CIUM, BENEFICIA'RIUS. The 
word beneficium is equivalent to feodum or fief, in 
the writers on the feudal law, and is an interest 
in land, or things inseparable from the land, or 
things immovable. (Feud. lib. 2. tit. 1.) The 
beneticiarius is he who has a beneficium. The 
word beneficium often occurs in French historical 
documents from the fifth to the ninth century, and 
denotes the same condition of landed property, 
which at the end of the ninth century is denoted 
by feodum. From the end of the ninth century the 
two words are often used indifferently. (Guizot, 
Ilistoiredeta Civilisation en France, vol. iii. p. 247.) 
The term benefice is also applied to an ecclesiastical 
preferment. (Ducange, Gloss.) 

The term beneficium is of frequent occurrence in 
the Roman law, in the sense of some special privi- 
lege or favour granted to a person in respect of age, 
sex, or condition. But the word was also used in 
other senses, and the meaning of the term, as it 
appears in the feudal law, is clearly derivable from 
the signification of the term among the Romans of 
the later republican and earlier imperial times. In 
the time of Cicero it was usual for a general, or a 
governor of a province, to report to the treasury the 
names of those under his command who had done 
good service to the state: those who were included 
in such report were said M U-neficiis ad arrnriniii 
deferri. (Cic. Pro Arch. c. 5, Ad Fam. v. 20, and 
the note of Manutius.) It was required by a 
Lex Julia that the names should be given in w ithin 
thirty days after the accounts of the general or 
governor. In liencficiis in these passages may mean 
that the persons so reported were considered as 
persons who had deserved well of the state, and so 
the word benificium may have reference to the 
services of the individuals; but as the object for 
which their services were reported, was the benefit 
of the individuals, it seems that the term had re- 
ference also to the reward, immediate or remote, 
obtained for their services. The honours and 
offices of the Roman state, in the republican period, 
were called the bencficia of the Populus Romanus. 

Beneficium also signified any promotion con- 
ferred on or grant made to soldiers, who were 
thence called beneficiarii ; this practice was com- 
mon, as we see from inscriptions in (initer (li. 4, 
exxx. 5), in some of which the word bencficiarius 
is represented by the two letters H. F. In this 
sense we must understand the passage of Caesar 
(/)•■ lull. fir. ii. 1H) when he speaks of the mat/na 
Im m Una and the mnijniir rlirnlrlnr nl Pompeius ill 
( lienor Spain. Ileiiefirinrius is also used by 
Caesar (/A- Hell. Civ. i. 75), to express the per- 



202 BIBLIOTHECA. 



BIBLIOTHECA. 



son who had received a beneficium. It does not, 
however, appear from these passages, what the 
beneficium actually was. It might be any kind 
of honour, or special exemption from service. (De 
Bell. Civ. iii. 88 ; Sueton. Tib. 12 ; Vegetius, Da 
Re Militari, ii. 7.) 

Beneficiarius is opposed by Festus (s. v.) to 
munifex, in the sense of one who is released from 
military service, as opposed to one who is bound to 
do military service. 

Grants of land, and other things, made by the 
Roman emperors, were called bcneficia, and were 
entered in a book called Liber Beneficiorum (Hy- 
ginus, Dc Limitibus Constit. p. 193, Goes.). The 
secretary or clerk who kept this book was called 
a commentariis beneficiorum, as appears from an in- 
scription in Gruter (dlxxviii. 1.) [G. L.] 

BESTIA'RII {^ripiojxaxoi), persons who fought 
with wild beasts in the games of the circus. 
They were either persons who fought for the sake 
of pay (atictoramentum), and who were allowed 
arms, or they were criminals, who were usually 
permitted to have no means of defence against the 
wild beasts. (Cic. pro Sext. 64 ; Sen. De Bene/. 
ii. 19, Ep. 70; Tertull. Apol. 9.) The bestiarii, 
who fought with the beasts for the sake of pay, 
and of whom there were great numbers in the 
latter days of the republic and under the empire, 
are always spoken of as distinct from the gladiators, 
who fought with one another. (Cic. in Vatin. 17; 
ad Qu. Fr. ii. 6. § 5.) It appears that there were 
schools in Rome, in which persons were trained to 
fight with wild beasts (scholae bestiarum or bestia- 
riorum, Tertull. Apol. 35.) 

BIAION DIKE' (fiiaiuv S'lkt,). This action 
might be brought whenever rapes of free persons, 
or the illegal and forcible seizure of property of any 
kind were the subject of accusation (Harpocrat.) ; 
and we learn from Demosthenes (c. Pantaen. p. 976. 
11) that it came under the jurisdiction of the 
Forty. According to Plutarch (Solon, 23) the law 
prescribed that ravishers should pay a fine of 100 
drachmae ; but other accounts merely state gene- 
rally that the convict was mulcted in a sum equal 
to twice that at which the damages were laid 
(8i7rAi)i' T'V fihag-qv 6(pe'iAcii>, Lys. De Caede 
Eratosth. p. 33 ; Dem. c. Mid. p. 528. 20 ; Harpo- 
crat.) ; and the plaintiff in such case received one 
half of the fine ; and the state, as a party medi- 
ately injured, the other. To reconcile these ac- 
counts Meier (Att. Proc. p. 545) supposes the rape 
to have been estimated by law at 100 drachmae, 
and that the plaintiff fixed the damages in refer- 
ence to other injuries simultaneous with, or conse- 
quent upon, the perpetration of the main offence. 
With respect to aggressions upon property, the 
action /3ia.iwv is to be distinguished from i^ov\T]i, 
in that the former implies the employment of 
actual violence, the latter merely such detention of 
property as amounted to violence in the contempla- 
tion of law (Meier, Att. Proc. p. 546), as for in- 
stance the nonpayment of damages, and the like, 
to the successful litigant after an award in his 
favour by a court of justice. (Dem. c. Mid. 540. 
24.) [J. S. M.] 

BI'BASIS (piGaais). [Saltatio.] 

BIBLIOPO'LA. [Liber.] 

BIBLIOTHE'CA (faSteoMiK-n, or h,TtoM\ia\ 
/3ioAiW), primarily, the place where a collection 
of books was kept ; secondarily, the collection 
itself. (Festus, s. v.) Little as the states of an- 



tiquity dealt with the instruction of the people, 
public collections of books appear to have been 
very ancient. That of Peisistratus was intended 
for public use (Gell. vi. 17 ; Athen. i. p. 3) ; it 
was subsequently removed to Persia by Xerxes. 
About the same time, Polycrates, tyrant of Samos, 
is said to have founded a library. In the best 
days of Athens, even private persons had large 
collections of books ; the most important of which 
we know any thing, belonged to Euclid, Euripides, 
and Aristotle. Strabo says (xiii. 1) that Aristotle 
was the first who, to his knowledge, made a col- 
lection of books, and taught the Egyptian kings 
the arrangement of a library. The most important 
and splendid public library of antiquity was that 
founded by the Ptolemies at Alexandria, begun 
under Ptolemy Soter, but increased and re-arranged 
in an orderly and systematic manner by Ptolemy 
Philadelphus, who also appointed a fixed librarian 
and otherwise provided for the usefulness of the 
institution. The library of the Ptolemies con- 
tained, according to A. Gellius (vi. 17), 700,000 
volumes ; according to Josephus, 500,000 ; and ac- 
cording to Seneca (De Tranq. An. 9), 400,000. 
The different reckoning of different authors may 
be in some measure, perhaps, reconciled by sup- 
posing that they give the number of books only in 
a part of the library ; for it consisted of two parts, 
one in the quarter of the city called Bracheion, 
the other in the part called Serapeion. Ptolemy 
Philadelphus bought Aristotle's collection to add 
to the library, and Ptolemy Euergetes continued 
to add to the stock. A great part of this splendid 
library was consumed by fire in the siege of 
Alexandria by Julius Caesar : some writers say 
that the whole was burnt ; but the discrepancy 
in the numbers stated above seems to confirm the 
opinion that the fire did not extend so far. At 
any rate, the library was soon restored, and 
continued in a flourishing condition till it was de- 
stroyed by the Arabs A. D. 640. (See Gibbon, 
c. 51.) Connected with the greater division of 
the library, in the quarter of Alexandria called 
Brucheion, was a sort of college to which the name 
of Mouseion (or Museum) was given. Here many 
favoured literati pursued their studies, transcribed 
books, and so forth ; lectures also were delivered. 
The Ptolemies were not long without a rival in 
zeal. Eumenes, king of Pergamus, became a patron 
of literature and the sciences, and established a 
library, which, in spite of the prohibition against 
exporting papyrus issued by Ptolemy, jealons of 
his success, became very extensive, and perhaps 
next in importance to the library of Alexandria. 
It remained, and probably continued to increase, 
till Antonius made it a present to Cleopatra. 
(Plut. Anton. 58.) 

The first public library in Rome was that 
founded by Asinius Pollio (Plin. N. vii. 30 ; 
Isid. Orig. vi. 5), and was in the atrium Libertatis 
on Mount Avcntine. Julius Caesar had projected 
a grand Greek and Latin library, and had com- 
missioned Varro to take measures for the establish- 
ment of it ; but the scheme was prevented by his 
death. (Suet. Jul. 44.) The library of Pollio 
was followed by that of Augustus, in the temple 
of Apollo on the Mount Palatine (Suet. Aug. 29 ; 
Dion Cass. liii. 1), and another, bibliothecae Oc- 
tavianae (so called from Augustus's sister Octavia), 
forming part of the Porticus Octavia. (Dion Cass, 
xlix. 43 ; Plut. Marcell. 30.) There were also 



BIDENTAL. 



BLABES DIKE. 



203 



libraries on the capitol (Suet. Dom. 20), in the 
temple of Peace (GelL xvi. 8), in the palace of 
Tiberius (Gell. xiii. 18), besides the Ulpian library, 
which was the most famous, founded by Trajan 
(Gell. xL 17 ; Dion Cass. lxviiL 1G), called Ulpian 
from his own name, Ulpius. This library was 
attached by Diocletian, as an ornament, to his 
thermae. (Vopisc. Prrjb. 2.) 

Private collections of books were made at Rome 
soon after the second Punic war. The zeal of 
Cicero, Atticus, and others in increasing their 
libraries is well known. (Cic. Ad Att. L 7, 10, 
iv. 5 ; Ad Quint. Fr. iii. 4.) The library of Lu- 
cullus was very extensive, and he allowed the 
public free access to it. (Plut. Lucull. 42.) To- 
wards the end of the republic it became, in fact, 
the fashion to have a room elegantly furnished as 
a library, and reserved for that purpose. However 
ignorant or unsrudious a person might be, it was 
fashionable to appear learned by having a library, 
though he might never even read the titles of the 
books. Seneca (De Trann. An. 9) condemns the 
rage for mere book-collecting, and rallies those who 
were more pleased with the outside than the in- 
side. Lucian wrote a separate piece to expose 
this common folly (irphs airaiSfurov Ktd iroWa 
/3i§At'a i>vo\>ntvov). 

A library generally had an eastern aspect. 
(Vitruv. vi. 7.) In Herculaneum a library fully 
furnished was discovered. Round the walls it had 
cases containing the books in rolls [Liber] ; these 
cases were numbered. It was a very small room ; 
Bo small that a person by stretching out his arms 
could touch both sides of it. The cases were 
called either armaria (Plin. Ep. ii. 17 ; Vopisc. 
Tacit. 8), or loculamenta (Seneca, De Tranr/. An. 
9), or foruli (Juv. Sat. iii. 219), or nidi (Mart. i. 
118. 15, vii. 17. 5). Asinius Pollio had set the 
fashion in his public library of adorning the room 
with the portraits and busts of celebrated men, as 
well as statues of Minerva and the Muses. This 
example was soon followed in the private Libraries 
of the rich. (Juv. iii. 219 ; Plin. Ep. iii. 7, iv. 
28 ; Cic. ad Fam. vii. 23 ; Plin. //. X. xxxv. 2 ; 
Suet TUi. 70 ; Mart. ix. Ep. ad Turun. ; Lipsius, 
De liililiiAhms Syntagma, in Opera, vol. iii. ; Becker, 

GaUut, vol. i. p. I (if), 6cc) [A. A.] 

MI COS (ffiKOt), the name of an earthen vessel 
in common use among the Greeks. (Pollux, vi. 
14, vii. 162, x. 73.) Ilesychius (». v.) defines it 
as a ardfiiios with handles. It was used for 
holding wine (Xen. Anali. i. 9. }j 2.5), and salted 
meat and fish. (Athcn. iii. p. 1 16, f.) Herodotus 
(i. 194) speaks of fitKovs <poii'i(C7)ioi/s Karayoviri 
alvov ir\toui, which Borne commentators interpret 
by " vessels made of the wood of the palm tree full 
of wine." Mut as Eustathius (in Od. p. 1445) 
speaks of otvov <poiciKiVou /3ix>n. we ought pro- 
bably to read in Herodotus /9i'kouj ipotyiKijiov, k. t. 
A., 14 vessels full of palm wine." 
1IIDENS. [Rastrum.] 
Ill DENTAL, the- name given to a place where 
any one had been struck by lightning (Festus, 
t. v. fu/gurilum), nr where anyone bad been killed 
by lightning and buried. Such a place was con- 
Mered sacred. Priests, who were called biden- 
tal. (\. e. Ktcerdotet), collected the earth which 
had been torn up by the lightning, and everything 
that had been scorched, and burnt it in the ground 
with n sorrowful murmur. (Lucan, i. < : <>6.) The 
officiating priest was said condcre fulyur (Juv. Hat. 



vi. 587 ; compare Orelli, Inscr. vol. L p. 431. No. 
2482) ; he further consecrated the spot by sacri- 
ficing a two-year-old sheep (bidens), whence the 
name of the place and of the priest, and also 
erected an altar, and surrounded it with a wall or 
fence. It was not allowable to tread on the place 
(Persius, ii. 27), or to touch it, or even to look at 
it (Aram. Marc, xxiii. 5.) Sometimes a bidental 
which had nearly fallen to decay from length of 
time was restored and renovated (Orelli, Inter. 
No. 2483); but to remove the bounds of one 
(movere bidental), or in any way to violate its 
sacred precincts, was considered as sacrilege. (Hor. 
Art. Poet. 471.) From the passage in Horace, it 
appears to have been believed that a person who 
was guilty of profaning a bidental, would be pu- 
nished by the gods with frenzy ; and Seneca (Nat. 
Quaest. ii. 53) mentions another belief of a similar 
kind, that wine which had been struck by lightning 
would produce in any one who drank it death or 
madness. Persons who had been struck by light- 
ning (fulguriti) were not removed, but were buried 
on the spot (Pcrs. Sat. ii. 27 ; Plin. //. A r . 

ii. 54 ; Hartung, Religion der Itomer, vol. ii. p. 
13.) [A. A.] 

BIDIAEI (j3i5io7oi), called in inscriptions 
0i'5eot or jSi'Suoi, were magistrates in Sparta, whose 
business was to inspect the gymnastic exercises. 
Their house of meeting (apx f '°") was in the 
market-place. (Paus. iii. 11. § 2.) They were 
either five (Paus. /. c.) or six in number (Bbckh, 
Corp. Inscrip. nr. 1271. 1364), and had a presi- 
dent who is called in inscriptions irpiaSvs (3i8ewv. 
(Bikkh, Corp. Inscrip. vol. i. p. 611.) Biickh con- 
jectures that fliSfoi or £i'5i/ot is the Laconian form 
fur XSvoi or FiSvoi, and signifies witnesses and 
judges among the youth. (Comp. Miiller, Dorians, 

iii. 7. § 8.) Valckenaer (ad Herod, vi. 57) sup- 
poses that the bidiaei were the same as the vop.o- 
(pv\aK(s ; but the inscriptions given by Bbckh 
show that the bidiaei and vofio<pv\aKcs were two 
separate classes of officers. 

BIG A or BIGAE. [Cirrus.] 
BIGA'TL'S. [Denarius.] 
BIPA'LIUM. [Pala.] 
BIPENNIS. [Securis.] 
MI REM IS. [Navis.] 

lil URL'S (0ip'j>os), a cape or hood, which vvas 
worn out of doors over the shoulders, and was 
sometimes elevated so as to cover the head. ( In the 
former account it is classed by an ancient gram- 
marian with the lacerna, and on the latter with the 
cowl, or cucullus. It had a long nap,- which was 
commonly of sheep's wool, more rarely of beaver's 
wool. It probably derived its name from the red 
colour (nvfrp'os) of the wool of which it was made. 
It is only mentioned by the later writers. (Vopisc 
Carin. 20 ; Claudian, Epiur. 37.) 
MISE'LLI I M. | Sella.] 
MISSEXTIJM. [Cai.eniiarium.] 
MLAItES 1)1 K E' (0ao6t,5 JIktj). This action 
was available in all cases in which one person had 
sustained a loss by the conduct of another ; nnd 
from the instances that are extant, it seems that 
whether the injury originated in a fault of omission 
or commission, or impaired the actual fortune of the 
plaiulilf, or his prospective advantage, the action 
would lie, nnd might be maintained, against the 
defendant It is of course impossible to enumerate 
all the particular cases upon which it would arise, 
but the two great classes into which 0Aa(>'ai may 



204 BOEOTARCHES. 



BOEOT ARCHES. 



be divided are the fvBsafiot and the &9ecrixoi. The 
first of these will include all causes arising from 
the nonfulfilment of a contract to which a penal 
bond was annexed, and those in which the law 
specified the penalty to be paid by the defendant 
upon conviction ; the second, all injuries of property 
which the law did not specify nominatim, but 
generally directed to be punished by a fine equal 
to twice the estimated damage if the offence was 
intentional, if otherwise by a bare compensation. 
(Meier, Att. Proc. p. 188, &c, p. 475, &c. ; Dem. 
c. Mid. p. 528.) Besides the general word fiAdSris, 
others more specific, as to the nature of the case, 
are frequently added to the names of actions of 
this kind, as avSpaivdSav, rtrpairSSav, /xeTaAAiKj], 
and the like. The declaration of the plaintiff 
seems always to have begun with the words 
"ESAwpe fie, then came the name of the defendant, 
and next a description of the injury, as owe airoStSovs 
e/j.01 to apyvpiov in Demosthenes (Pro P/iorm. 
p. 950. 21). The proper court was determined 
by the subject of litigation ; and when we con- 
sider that the damage done by Philocleon to the 
cake- woman's basket (Aristoph. Vesp.), and sup- 
posititious testimony given in the name of another, 
thereby rendering such person liable to an action, 
ipevSonapTvpLwv (Dem. c. Aphob. iii. p. 849. 20), 
were equally pxdSai at Attic law, the variety of 
the actions, and consequently of the jurisdictions 
under which they fell, will be a sufficient excuse 
for the absence of further specification upon this 
point. [J. S. M.] 

BOEDRO'MIA (/3o?j8po>ia), a festival cele- 
brated at Athens on the seventh day of the month 
of Boedromion, in honour of Apollo Boedromius. 
(Miiller, Dor. ii. 8. § 5.) The name Boedromius, 
by which Apollo was called in Boeotia and other 
parts of Greece (Paus. ix. 17. § 1 ; Callimach. 
Hymn. Apoll. 69), seems to indicate that by this 
festival he was honoured as a martial god, who 
either by his actual presence or by his oracles 
afforded assistance in the dangers of war. The 
origin of the festival is, however, traced by dif- 
ferent authors to different events in Grecian story. 
Plutarch (Thes. 27) says that Theseus, in his war 
against the Amazons, did not give battle till after 
he had offered a sacrifice to Phobos ; and, that in 
commemoration of the successful battle which took 
place in the month of Boedromion, the Athenians, 
down to his own time, continued to celebrate the 
festival of the Boe'dromia. According to Suidas, 
the Etymol. Magn. and Euripides (Ion. 59), the 
festival derived its name and origin from the cir- 
cumstance that when, in the reign of Erechtheus, 
the Athenians were attacked by Eumolpus, Xuthus 
or (according to Philochorus in Harpocration, s. v.) 
his son Ion came to their assistance, and procured 
them the victory. Respecting the particulars of 
this festival nothing is known except that sacrifices 
were offered to Artemis. (Comp. Spanheim, ad 
Callim. Hymn. inApoll.69.) [L. S.] 

BOEOTARCHES (BoiaTcipx^, ° r BoioTap- 
Xos). It is proposed under this head to give a brief 
account of the Boeotian constitution as well as of 
the Boeotarchs. 

The Boeotians in ancient times occupied Arne 
in Thessaly. (Thuc. i. 12.) Sixty years after 
the taking of Troy they were expelled by the Thes- 
salians, and settled in the country then called Cad- 
rneis, but afterwards Boeotia. This country, during 
their occupation of it, was divided into several 



states, containing each a principal city, with its 
£ufTeAeis or ^vfipiopoi (inhabitants of the same 
IJ-otpa, or district) living around it. Of these 
greater states, with dependent territories, there 
seem to have been in former times fourteen, — a 
number which frequently occurs in Boeotian le- 
gends. (Paus. ix. 3. § 4.) The names are dif- 
ferently given by different writers on the subject ; 
we know, however, for certain that they formed a 
confederacy called the Boeotian league, with Thebes 
at its head, the dependencies of which city formed 
about a third part of the whole of Boeotia. These 
dependent towns, or districts, were not immedi- 
ately connected with the national confederacy, but 
with the neighbouring chief city, as Cynoscephalae 
was with Thebes. In fact, they were obliged to 
furnish troops and money, to make up the con- 
tingent furnished by the state to which they be- 
longed, to the general confederacy. (Arnold, 
ad Time. iv. 76.) Of the independent states Thu- 
cydides (iv. 93) mentions seven by name ; and 
gives us reasons for concluding that, in the time of 
the Peloponnesian war they were ten or twelve in 
number, Thebes being the chief. Plataea had 
withdrawn from them, and placed itself under the 
protection of Athens as early as B. c. 519 ; and in 
B. c. 374, Thespiae, another member of the league, 
was destroyed by the Thebans. (Clinton, F. H. 
vol. ii. p. 396 ; Thuc. iii. 55.) 

Each of the principal towns of Boeotia seems to 
have had its /HovA-ft and Srjfios. (Xen. Hell. v. 2. 
§ 29.) The PovAt] was presided over by an archon, 
who probably had succeeded to the priestly func- 
tions of the old kings ; but possessed little, if any, 
executive authority. The polemarchs, who, in 
treaties and agreements are mentioned next to the 
archon, had some executive authority, but did not 
command forces ; e.g. they could imprison (Xen. 
Hell. I. c), and they directed the levies of troops 
But besides the archon of each separate state, there 
was an archon of the confederacy — &px<»v iv 
Koii/ui BoiutZu, most probably always a Theban. 
( Bdckh, Inscr. 1593.) His name was affixed to all 
alliances and compacts which concerned the whole 
confederacy, and he was president of what Thucy- 
dides (v. 38) calls the four councils, who directed 
the affairs of the league (aimv to Kvpos exovai). 
On important questions they seem to have been 
united ; for the same author speaks of them as 7) 
/SouAt/, and informs us that the determinations of 
the Boeotarchs required the ratification of this 
body before they were valid. The Boeotarchs 
themselves were properly the military heads of the 
confederacy, chosen by the different states ; but we 
also find them discharging the functions of an ex- 
ecutive in various matters. In fact, they are re- 
presented by Thucydides (v. 38) as forming an 
alliance with foreign states ; as receiving ambassa- 
dors on their return home ; as negotiating with 
envoys from other countries ; and acting as the 
representatives of the whole league, though the 
0ovAti refused to sanction the measures they had 
resolved on in the particular case to which we are 
now alluding. Another instance in which the 
Boeotarchs appear as executive is their interference 
with Agesilaus, on his embarking from Aulis for 
Asia (b. c. 396), when they prevented him of- 
fering sacrifice as he wished. (Plut. Ages. 6 ; Xen. 
Hell. iii. 4. § 4.) Still the principal duty of the 
Boeotarchs was of a military nature : thus they led 
into the field the troops of their respective states ; 



BONA. 



BONA. 



205 



and when at home, they took whatever measures 
were requisite to forward the military operations of 
the league, or of their own state : for example, we 
read of one of the Theban Boeotarchs ordering the 
Thebans to come in arms to the ecclesia for the 
purpose of being ready to attack Plataea. (Paus. 
ix. 1. § 3.) Each state of the confederacy elected 
one Boeotarch, the Thebans two (Thuc. ii. 2, IT. 
91, vii. 30 ; Diod. xv. 51) ; although on one occa- 
sion, t. e. after the return of the exiles with Pelo- 
pidas (b. c. 379), we read of there being three at 
Thebes. (Plut. Pelop. 13). The total number 
from the whole confederacy varied with the number 
of the independent states. Mention is made of the 
Boeotarchs by Thucydides (iv. 91), in connection 
with the battle of Delium (b. c. 424). There is, 
however, a difference of opinion with respect to his 
meaning : some understand him to speak of eleven, 
gome of twelve, and others of thirteen Boeotarchs. 
Dr. Arnold is disposed to adopt the last number; and 
wc think the context is in favour of the opinion 
that there were then thirteen Boeotarchs, so that 
the number of free states was twelve. At the time 
of the battle of Lcuctra (b. c. 371), we find seven 
Boeotarchs mentioned (Diod. XT. 52, 53 ; Paus. ix. 
13. §3); on another occasion, when Greece was 
invaded by the Gauls (b. c. 279), we read of four. 
Livy (xlii. 43) states that there were twelve, but 
before the time (b. c. 171) to which his statement 
refers, Plataea had been reunited to the league. 
Still the number mentioned in any case is no test 
of the actual number, inasmuch as we are not sure 
that all the Boeotarchs were sent out by their re- 
ductive states on every expedition or to every 
battle. 

The Boeotarchs, when engaged in military ser- 
vice, formed a council of war, the decisions of which 
were determined by a majority of votes, the pre- 
sident being one of the two Theban Boeotarchs 
who commanded alternately. (Thuc. iv. 91 ; Diod. 
xv. 51.) Their period of service was a year, be- 
ginning about the winter solstice ; and whoever 
continued in office longer than his time, was punish- 
able with death both at Thebes and in other cities 
(Plut. /'flop. 24 ; Paus.ix. 14. § 3.) Epameinondas 
and Pclopidas did so on their invasion of Laconia 
(b. c. 3fi9), but their eminent services saved them ; 
in fact the judges did not even come to a vote re- 
specting the former. At the expiration of the year 
a Boeotarch was eligible to office a second time, and 
Pclopidas was repeatedly chosen. From the case 
of Kjiamcinondas and Pelopidas, who were brought 
before Theban judges (SikcuttuI), for transgression 
of the law which limited the time of office, wc may 
conclude that each Boeotarch was responsible to 
his own state alone, and not to the general body of 
the- four councils. 

Mention is made of an election of Boeotarchs by 
Livy (xxxiii. 27, xlii. 44). He furthei informs 
us that the league (concilium) was broken up by 
the Romans n. <:. 171. (Compare Polyb. xxviii. 2. 
$ 10 — to Boicurtuv fOvos KaTtKvO-n.) Still it must 
have been partially revived, as we arc told of a 
second breaking up by the Romans after the de- 
struction of Corinth B. c. 146. (Paus. vii. 16. 
§ 6.) [R. W.J 

IIOMI1VCIMM. [SEitir •!•.«.] 

HON A. The word buna it sniiieti ^ im-d to 

express the whole of a man's property (Paulus, 
Hrcr/it. Sentenl. v. 6, Mi; Dig. .'17. lit. I. b. 3 ; 
50. tit 16. s. 49) ; and in the phrases bonorum 



emtio, cessio, possessio, ususfructus, the word 
" bona " is equivalent to property. It expresses 
all that a man has, whether as owner or merely as 
possessor ; and every thing to which he has any 
right. But it is said (Dig. 50. tit. 1 6. s. 83) : 
" Proprie bona dici non possnnt quae plus incom- 
modi quam commodi habent." However, the use 
of the word in the case of universal succession 
comprehended both the commodum and incommo- 
dum of that which passed to the universal suc- 
cessor. But the word bona is simply the property 
as an object ; it does not express the nature of the 
relation between it and the person who has the 
ownership or the enjoyment of it, any more than 
the words "all that I have," "all that I am 
worth," " all my property," in English show the 
lc»al relation of a man to that which he thus de- 
scribes. The legal expression in bonis, as opposed 
to dominium, or Quiriturian ownership, and the 
nature of the distinction will be easily apprehended 
by any person who is slightly conversant with 
English law. 

"There is," says Gaius (ii. 40), "among foreigners 
(pcrer/rini) only one kind of ownership (dominium), 
so that a man is either the owner of a thing or he 
is not And this was formerly the case among the 
Roman people ; for a man was either owner ex 
jure Quiritium, or he was not. But afterwards the 
ownership was split, so that now one man may be 
the owner (dominus) of a thing ex jure Quiritium, 
and yet another may have it in bonis. For instance, 
if, in the case of a res mancipi, I do not transfer 
it to you by mancipatio, nor by the form in jure 
cessio, but merely deliver it to you, the thing in- 
deed becomes your thing (in bonis), but it will re- 
main mine ex jure Quiritium, until by possession 
you have it by usucapion. For when the usuca- 
pion is once complete, from that time it begins to 
be yours absolutely (pleno jure), that is, it is yours 
both in bonis and also yours ex jure Quiritium, 
just as if it had been mancipatcd to you, or trans- 
ferred to you by the in jure cessio." In this pas- 
sage Gaius refers to the three modes of acquiring 
property which were the peculiar rights of Roman 
citizens, mancipatio, in jure cessio, and usucapion, 
which are also particularly enumerated by him in 
another passage (ii. 65). 

From this passage it appears that the ownership 
of certain kinds of things among the Romans, 
called res mancipi [Mancipium], could only be 
transferred from one person to another with certain 
formalities, or acquired by usucapion. But if it 
was clearly the intention of the owner to transfer 
the ownership, and the necessary forms only were 
wanting, the purchaser had the thing in bonis, 
and he had the enjoyment of it, though the original 
owner was legally the owner until the usucapion 
was completed, notwithstanding he had ported with 
the thing. 

It thus appears that Quiritarian ownership of 
res mancipi originally and properly signified that 
ownership of a thing which the Roman law re- 
cognised as such j it did not express a compound 
but n simple notion, which was that of absolute 
ownership. But when it was once established 
that one man might have the Quiritarian owner- 
ship, and another the enjoyment, and the solo 
right to the enjoyment of the same thing, the com- 
plete notion of Quiritarian ownership became a 
notion compounded of the strict legal notion of 
ownership, and that of the right to enjoy, as united 



206 



BONA. 



BONA CADUCA. 



in the same person. And as a man might have 
both the Quiritarian ownership and the right to the 
enjoyment of a thing, so one might have the Quiri- 
tarian ownership only, and another might have the 
enjoyment of it only. This bare ownership was 
sometimes expressed by the same terms (ex jure 
Quiritium) as that ownership which was complete, 
but sometimes it was appropriately called nudum 
jus Quiritium (Gaius, lii. 100), and yet the person 
who had such bare right was still called dominus, 
and by this term he is contrasted with the usu- 
fructuarius and the honae fidei possessor. 

The historical origin of this notion, of the sepa- 
ration of the ownership from the right to enjoy a 
thing, is not known ; but it may be easily conjec- 
tured. When nothing was wanting to the transfer 
of ownership but a compliance with the strict 
legal form, we can easily conceive that the Roman 
jurists would soon get over this difficulty. The 
strictness of the old legal institutions of Rome 
was gradually relaxed to meet the wants of the 
people, and in the instance already mentioned, the 
jurisdiction of the praetor supplied the defects of 
the law. Thus, that interest which a man had 
acquired in a thing, and which only wanted certain 
forms to make it Quiritarian ownership, was pro- 
tected by the praetor. The praetor could not give 
Quiritarian ownership, but he could protect a man 
in the enjoyment of a thing — he could maintain 
his possession : and this is precisely what the 
praetor did with respect to those who were pos- 
sessors of public land ; they had no ownership, but 
only a possession, in which they were protected 
by the praetor's interdict. [Agbariae Leges, 
p. 38.] 

That which was in bonis, then, was that kind of 
interest or ownership which was protected by the 
praetor, which interest may be called bonitarian or 
beneficial ownership, as opposed to Quiritarian or 
bare legal ownership. It does not appear that the 
word dominium is ever applied to such bonitarian 
ownership except it may be in one passage of 
Gaius (i. 54), the explanation of which is not free 
from difficulty. 

That interest called in bonis, which arose from 
a bare tradition of a res mancipi, was protected by 
the exceptio, and the actio utilis in rem. (Dig. 41. 
tit. 1. s. 52.) Possessio is the general name of the 
interest which was thus protected. The person 
who had a thing in bonis and ex justa causa was 
also entitled to the actio Publiciana, in case he 
lost the possession of the thing before he had 
gained the ownership by usucapion. (Gaius, iv. 
36.) 

The phrases bonorum possessio, bonorum posses- 
sor, might then apply to him who has had a res 
mancipi transferred to him by tradition only ; but 
the phrase applies also to other cases in which the 
praetor by the help of fictions gave to persons the 
beneficial interest to whom he could not give the 
ownership. When the praetor gave the goods of 
the debtor to the creditor, the creditor was said 
in possessionem rerum, or bonorum debitoris mitti. 
(Dig. 42. tit. 5. s. 14, &c.) [Bonorum Emtio ; 
Bonorum Possessio.] 

As to things nec mancipi, the ownership might 
be transferred by bare tradition or delivery, and 
such ownership was Quiritarian, inasmuch as the 
Roman law required no special form to be ob- 
served in the transfer of the ownership of res nec 
mancipi. Such transfer was made according to 



the jus gentium (in the Roman sense of that term). 
(Gaius, ii. 26, 41, 20 ; Ulp. Frag. i. 16.) 

(Zimmern, Ueberdas Wesen des sogenannten boni- 
tarisehen Eigentliums, Rlieinisch. Mus.fur Jurispr. 
iii. 3.) [G. L.] 

BONA CADU'CA. Caducum literally signifies 
that which falls : thus, glans caduca, according to 
Gaius (Dig. 50. tit. 16. s. 30), is the mast which 
falls from a tree. Caducum, in its general sense, 
might be any thing without an owner, or what the 
person entitled to neglected to take (Cic. De Or. 
iii. 31, Phil. x. 5) ; but the strict legal sense of ca- 
ducum and bona caduca, is that stated by Ulpian 
(Frag. xvii. De Caducis), which is as follows : — 

If a thing is left by testament to a person, so 
that he can take it by the jus civile, but from some 
cause has not taken it, that thing is called cadu- 
cum, as if it had fallen from him ; for instance, if 
a legacy was left to an unmarried person, or a 
Latinus Junianus ; and the unmarried person did 
not within a hundred days obey the law, or if 
within the same time the Latinus did not obtain 
the Jus Quiritium, or had become a peregrinus 
(see Cujacins, ad Vlpiani Tiiulos XXIX. vol. i. ed. 
Neapol. 1758), the legacy was caducum. Or if a 
lieres ex parte, or a legatee, died before the opening 
of the will, the thing was caducum. The thing 
which failed to come to a person in consequence 
of something happening in the life of the testator 
was said to be in causa caduci; that which failed 
of taking effect between the death of the testator 
and the opening of the will, was simply called 
caducum. (Comp. Dig. 28. tit. 5. s. 62, and Dig. 
31. s. 51 ; Code Civil, Art. 1039, &c.) 

The law above alluded to is the Lex Julia et 
Papia Poppaea, which is sometimes simply called 
Julia, or Papia Poppaea. This law, which was 
passed in the time of Augustus (a. d. 9), had the 
double object of encouraging marriages and enrich- 
ing the treasury — aerarium (Tacit. Ann. iii. 25), 
and contained, with reference to these two objects, 
a great number of provisions. Martial (v. Ep. 75) 
alludes to a person who married in order to comply 
with the law. 

That which was caducum came, in the first 
place, to those among the heredes who had chil- 
dren ; and if the heredes had no children, it came 
among those of the legatees who had children. The 
law gave the jus accrescendi, that is, the right to 
the caducum as far as the third degree of con- 
sanguinity, both ascending and descending (Ulp. 
Frag. 18), to those who were made heredes by the 
will. Under the provisions of the law, the cadu- 
cum, in case there was no prior claimant, belonged 
to the aerarium ; or, as Ulpian (xxviii. 7) expresses 
it, if no one was entitled to the bonorum possessio, 
or if a person was entitled, but did not assert his 
right, the bona became public property (populo 
deferuntur), according to the Lex Julia caducaria ; 
but by a constitution of the Emperor Antoninus 
Caracalla it was appropriated to the fiscus: the jus 
accrescendi above mentioned was, however, still 
retained. The lawyers, however (viri prudentis- 
simi), by various devices, such as substitutions, 
often succeeded in making the law of no effect. 
A case is mentioned in the Digest (28. tit. 4. s. 3), 
in which bona caduca were claimed by the fiscus 
in the time of Marcus Antoninus, and another in 
which the fiscus is mentioned even under Hadrian, 
where one would expect to find the term aerarium 
used. (Savigny, System, &c. ii. 273, note qq.) 



BONA FIDES. 



BONORUM CESSIO. 207 



He who took the portion of a hcres, which 
became caducum, took it by universal succession : 
in the case of a legacy, the caducum was a singular 
succession. But he who took an hereditas caduca, 
took it with the bequests of freedom, of legacies, 
and fidei commissa with which it was burthened : 
if the legata and fidei commissa became caduca, all 
charges with which they were burthened became 
caduca also. In the time of Constantino, both the 
caelebs, and the orbus, or childless person (who was 
under a limited incapacity), obtained the full legal 
capacity of taking the inheritance. {Cod. viii. 58.) 
Justinian (fiod.-n.BV) put an end to the caducum, 
with all its legal consequences. In this last-men- 
tioned title (De Caducis tollendis) it is stated both 
that the name and the thing (nomen et materia 
caducorum) had their origin in the civil wars, that 
manj- provisions of the law were evaded, and many 
had become obsolete. (Juv. Sat. ix. 88 ; Gaius, 
i. 150, ii. 207, iii. 144, 28G ; Lipsius, Excurs. ad 
Tacit. Ann. iii. 25 ; Marczoll, Lehrljuch der lnstitut. 
des /Cum. liechts.) As to the Dos Caduca, see 
Dos. [G. L.] 

BONA FIDES. This term frequently occurs 
in the Latin writers, and particularly in the Roman 
jurists. It can only be defined with reference to 
things opposed to it, namely, mala fides, and dolus 
malus, both of which terms, and especially the 
latter, are frequently used in a technical sense. 
[Dolus Malls.] 

Generally speaking, bona fides implies the ab- 
sence of all fraud and unfair dealing or acting. In 
this sense, bona fides, that is, the absence of all 
fraud, whether the fraud consists in simulation or 
dissimulation, is a necessary ingredient in all con- 
tracts. 

liona fide postidere applies to him who has ac- 
quired the possession of a thing under a good title, 
as he supposes. He who possessed a thing bona 
fide, had a capacity of acquiring the ownership 
by usucapion, and had the protection of the actio 
Publiciana. Tims a person who received a thing 
either mancipi, or nec mancipi, not from the owner, 
but from a person whom he believed to be the 
owner, could acquire the ownership by usucapion. 
(Gaius, ii. 43; Ulp. Frag. xix. 8.) A thing which 
was furiiva or vi possessa, or the res mancipi of a 
female who was in the tutela of her agnati, unless 
it was delivered by her under the auctoritas of her 
tutor, was not subject to usucapion, and therefore 
in these cases the presence or absence of bona fides 
was immaterial. (Gains, i. 192, ii. 45, <Vc. ; Cic. 
Ad Alt. i. 5, Pro Flacco, c. 34.) A person who 
bought from a pupillus without the auctoritas of 
his tutor, or with the auctoritas of a person whorn 
he knew not to be the tutor, did not purchase 
bona fide ; that is, he was guilty of a legal fraud. 
A sole tutor could not purchase a thing bona fide 
from his pupillus; and if he purchased it from 
another to whom a non bona tide sale had been 
made, the transaction was null. (Dig. 26". tit. 8. 
i.5.) 

In various actions arising out of mutual dealings, 
such as buying nnd selling, lending and hiring, 
partnership, and others, bona fides is equivalent to 
MUD. MB and justum ; nnd such actions were some- 
time called bonne fidei actiones. The formula of 
the praetor, which was the authority of the judex, 
empowered him in such cases to inquire and deter- 
mine ejr Imna fide, that is according to the real 
merits of the case: sometimes aequius melius was 



used instead of ex bona fide. (Gaius, iv. 62 ; Cic. 
Ojf. iii. 1 7, Topic, c. 1 7 ; Brissonius, De Formulis, 
&C. lib. v.) 

BONA RAPTA. [Furtum.] , 

BONA VACAUTIA were originally the pro- 
perty which a person left at his death without 
having disposed of it by will, and without leaving 
any /teres. Such property was open to occupancy, 
and so long as the strict laws of inheritance ex- 
isted, such an event must not have been uncom- 
mon. A remedy was, however, found for this by 
the bonorum possessio of the praetor. 

It docs not appear that the state originally 
claimed the property of a person who died intes- 
tate and without heredes legitintL The claim of 
the state to such property seems to have been first 
established by the Lex Julia et Papia Poppaea. 
[BONA Caduca.] The state, that is, in the earlier 
periods the aerarium, and afterwards the fiscus, 
did not take such property as hercs, but it took it 
per vnicersilalem. In the later periods of the 
empire, in the case of a soldier dying without 
heredes, the legion to which he belonged had a 
claim before the fiscus ; and various corporate 
bodies had a like preference in the case of a mem- 
ber of the corporation dying without heredes. 
(Marczoll, Le/trbucJt der Instit. des limn. Iieehts ; 
Savignv, System, dec. vol. ii. p. 300.) [G. L.] 

BONO'RUM CE'SSIO. There were two kinds 
of bonorum ccssio, in jure and extra jits. The In 
jure ccssio is treated under its proper head. 

The Ix/norum eessio extra jus was introduced by 
a Julian law, passed either in the time of Julius 
Caesar or Augustus, which allowed an insolvent 
debtor to give up his property to his creditors. 
The debtor might declare his willingness to give 
up his property by letter or by a verbal message. 
The debtor thus avoided the infamia consequent 
on the bonorum emtio, which was involuntary, 
and he was free from all personal execution. He 
was also allowed to retain a small portion of his 
property for his support. An old gloss describes 
the bonorum ccssio thus : Cedere bonis est ah uni- 
versitate rerum suarum recedcre. 

The property thus given up was sold, and the 
proceeds distributed among the creditors. The 
purchaser did not obtain the Quiritarian ownership 
of the property by the act of purchase. If the 
debtor subsequently acquired property, this also 
was liable to the payment of his old debts, with 
some limitations, if they were not already fully 
satisfied. A constitution of Alexander Scverus 
(Cod. 7. tit. 71. s. 1) declares that those who made 
a bonorum ccssio were not released, unless the 
creditors were fully paid ; but they had the privi- 
lege of not being imprisoned, if judgment was given 
against them in an action by one of their old cre- 
ditors. 

The benefit of the lex Julia was extended by 
imperial constitutions to the provinces. 

'I' he history of the bonorum ccssio does not 
seem quite clear. The Julian law, however, was 
not the oldest enactment whic h relieved the person 
of the debtor from being taken in execution. The 
lex Poetelia Papiria (li. v.. 327) exempted the per- 
son of the debtor (niai i/ui noxam meruitsei), and 
only made his property (Imna) liable for his debt*. 
It docs not appeal Irom the passage in Livy (viii. 
28) whether this was a bonorum cessio in the 
sense of the bonorum cessio of the Julian law, or 
only a bonorum emtio with the privilege of freedom 



•208 BONORUM EMTIO. 



BONORUM POSSESSIO. 



from arrest. The Tablet of Heraclea (Mazocchi, 
p. 423) speaks of those qui in jure bonam copiam 
jurabant ; a phrase which appears to be equivalent 
^o the bonorum cessio, and was a declaration on 
oath in jure, that is, before the praetor, by the 
debtor that his property was sufficient to pay his 
debts. But this was still accompanied with in- 
famia. So far as we can learn from Livy, no such 
declaration of solvency was required from the 
debtor by the Poetelia lex. The Julian law ren- 
dered the process of the cessio bonorum more 
simple, by making it a procedure extra jus, and 
giving further privileges to the insolvent. Like 
several other Julian laws, it appears to have con- 
solidated and extended the provisions of previous 
enactments. The term bonorum cessio is used in 
the Scotch law, and the early practice was derived 
from the Roman system. (Gaius, iii. 28 ; Dig. 42. 
tit. 3 ; Cod. vii. tit. 71.) [G. L.] 

BONO'RUM COLLA'TIO. By the strict 
rules of the civil law an emancipated son had no 
right to the inheritance of his father, whether he 
died testate or intestate. But, in course of time, 
the praetor granted to emancipated children the 
privilege of equal succession with those who re- 
mained in the power of the father at the time of 
his death ; and this grant might be either contra 
tabulas or ah intestate. But this favour was granted 
to emancipated children only on condition that 
they should bring into one common stock with 
their father's property, and for the purpose of an 
equal division among all the father's children, what- 
ever property they had at the time of the father's 
death, and which would have been acquired for 
the father in case they had still remained in his 
power. This was called bonorum collatio. It re- 
sembles the old English hotchpot, upon the prin- 
ciple of which is framed the provision in the statute 
22 and 23 Charles II. c. 10. s. 5, as to the distri- 
bution of an intestate's estate. (Dig. 37. tit. 6 ; 
Cod. vi. tit. 20 ; Thibaut, System des Pandehten 
Jtechts, § 901, &c, 9th ed., where the rules appli- 
cable to the bonorum collatio are more particularly 
stated.) [G. L.] 

BONO'RUM E'MTIO ET EMTOR. The 
expression bonorum emtio applies to a sale of the 
property either of a living or of a dead person. It 
was in effect, as to a living debtor, an execution. 
In the case of a living person, his goods were 
liable to be sold if he concealed himself for the 
purpose of defrauding his creditors, and was not 
defended in his absence ; or if he made a bonorum 
cessio according to the Julian law ; or if he did not 
pay any sum of money which he was by judicial 
sentence ordered to pay, within the time fixed by 
the laws of the Twelve Tables (Aul. Gell. xv. 13, 
xx. 1) or by the praetor's edict. In the case of a 
dead person, his property was sold when it was 
ascertained that there was neither heres nor bono- 
rum possessor, nor any other person entitled to 
succeed to it. In this case the property belonged 
to the state after the passing of the Lex Julia et 
Papia Poppaea. If a person died in debt,.the prae- 
tor ordered a sale of his property on the application 
of the creditors. (Gaius, ii. 154, 167.) In the 
case of the property of a living person being sold, 
the praetor, on the application of the creditors, or- 
dered it to be possessed (possideri) by the creditors 
for thirty successive days, and notice to be given 
of the sale. This explains the expression in Livy 
(ii. 24) : " ne quis militis, donee in castris esset, 



bona possideret aut venderet." The creditors were 
said in possessionem rerum debitoris mitti : some- 
times a single creditor obtained the possessio. 
When several creditors obtained the possessio, it 
was usual to entrust the management of the busi- 
ness to one of them, who was chosen by a majority 
of the creditors. The creditors then met and chose 
a magister, that is, a person to sell the property 
(Cic. Ad Att. i. 9, vi. 1 ; Pro P. Quintio, c. 15), 
or a curator bonorum if no immediate sale was 
intended. The purchaser, emtor, obtained by the 
sale only the bonorum possessio : the property was 
his In bonis, until he acquired the Quiritarian 
ownership by usucapion. The foundation of this 
rule seems to be, that the consent of the owner was 
considered necessary in order to transfer the owner- 
ship. Both the bonorum possessores and the em- 
tores had no legal rights (directae actiones) against 
the debtors of the person whose property was pos- 
sessed or purchased, nor could they be legally 
sued by them ; but the praetor allowed utiles ac- 
tiones both in their favour and against them. 
(Gaius, iii. 77 ; iv. 35, 65 and 111 ; Dig. 42. tit. 
4, 5 ; Savigny, Das Recht des Besitzes, p. 410, 
5th ed.) [G. L.] 

BONO'RUM POSSE'SSIO is defined by 
Ulpian (Dig. 37. tit. 1. s. 3) to be " the right of 
suing for or retaining a patrimony or thing which 
belonged to another at the time of his death." The 
strict laws of the Twelve Tables as to inheritance 
were gradually relaxed by the praetor's edict, and 
a new kind of succession was introduced, by which 
a person might have a bonorum possessio who 
could have no hereditas or legal inheritance. 

The bonorum possessio was given by the edict 
both contra tabulas, secundum tabulas, and intes- 
tati. 

An emancipated son had no legal claim on the 
inheritance of his father ; but if he was omitted in 
his father's will, or not expressly exheredated, the 
praetor's edict gave him the bonorum possessio 
contra tabulas, on condition that he would bring 
into hotchpot (bonorum collatio) with his brethren 
who continued in the parent's power, whatever 
property he had at the time of the parent's death. 
The bonorum possessio was given both to children 
of the blood (naturales) and to adopted children, 
provided the former were not adopted into any 
other family, and the latter were in the adoptive 
parent's power at the time of his death. If a 
freedman made a will without leaving his patron 
as much as one half of his property, the patron 
obtained the bonorum possessio of one half, unless 
the freedman appointed a son of his own blood as 
his successor. 

The bonorum possessio secundum tabulas was 
that possession which the praetor gave, conform- 
ably to the words of the will, to those named in it 
as heredes, when there was no person intitled to 
make a claim against the will, or none who chose 
to make such a claim. It was also given secundum 
tabulas in cases where all the requisite legal form- 
alities had not been observed, provided there were 
seven proper witnesses to the will. (Gaius, ii. 
147, " si modo defunctus," &c.) 

In the case of intestacy (intestati) there were 
seven degrees of persons who might claim the 
bonorum possessio, each in his order, upon there 
being no claim of a prior degree. The three first 
class were children, legitimi heredes and proximi 
coc/nati. Emancipated children could claim as well 



BOOXAE. 



BOULE. 



209 



as those who were not emancipated, and adoptive 
as well as children of the blood ; but not children 
who had been adopted into another family. If 
a freedman died intestate, leaving only a wife (in 
manu) or an adoptive son, the patron was entitled 
to the bonorum possessio of one half of his property. 

The bonorum possessio was given either cum re 
or sine re. It was given cum re, when the person 
to whom it was given thereby obtained the pro- 
perty or inheritance. It was given sine re, when 
another person could assert his claim to the in- 
heritance by the jus civile : as if a man died intes- 
tate leaving a situs /teres, the grant of the bonorum 
possessio would have no effect ; for the heres could 
maintain his legal right to the inheritance. Or if 
a person who was named heres in a valid will was 
satisfied with his title according to the jus civile, 
and did not choose to ask for the bonorum possessio 
(which he was entitled to if he chose to have it), 
those who would have been heredes in case of an in- 
testacy might claim the bonorum possessio, which, 
however, would be unavailing against the legal title 
of the testamentary heres, and therefore sine re. 

Parents and children might claim the bonorum 
possessio within a year from the time of their being 
able to make the claim ; others were required to 
make the claim within a hundred days. On the 
failure of such party to make his claim within the 
proper time, the right to claim the bonorum pos- 
sessio devolved on those next in order, through 
the seven degrees of succession. 

lie who received the bonorum possessio was not 
thereby made /teres, but he was placed hereilis loco ; 
for the praetor could not make a heres. The pro- 
perty of which the possession was thus given was 
only In bonis, until by usucapion the possession 
was converted into Quiritarian ownership (domi- 
nium). All the claims and obligations of the de- 
ceased person were transferred with the bonorum 
possessio to the possessor or praetorian heres ; 
and he was protected in his possession by the in- 
tcrdictum Quorum bonorum. The benefit of this 
interdict was limited to cases of bonorum possessio, 
and this was the reason why a person who could 
claim the inheritance in case of intestacy by the 
civil law sometimes chose to ask for the bonorum 
possessio also. The praetorian heres could only 
«uc and be sued in respect of the property by a 
legal fiction. He was not able to sustain a directa 
actio ; but in order to give him this capacity, he 
was by a fiction of law supposed to be what he 
was not, /teres ; and he was said ficio se Itcrcde 
at/err, or intruder?. The actions which he could 
sustain or defend were actiones utiles. (Cic. Ad 
Fam. vii. 21 ; Oaius, iii. 25—38, it. 34 ; Ulp. 
Frag. tit. 28, 29 ; Dig. 37. tit 4. a. 19 ; tit. 1 1 ; 
Dig. 38. tit. 6 ; a good general view of the bonorum 
possessio is given by Marezoll, Mtrlmcli der In- 
stitulitmrn dc* /{'6m. Reditu, § 174 ; Thibaut, Ni/»- 
tem dr., Pandrleten Rrchts, § 843, 9th ed.) [O. L.] 

BONO RUM POSSESSIO. ( I NTKani. mi. j 

BONO HUM RAPTO'RUM ACTIO. |Fua- 

Tl M. ] 

BOO'NAE (Qouvai), persons in Athens who 
purchased oxen for the public sacrifices and feasts. 
They are spoken of by Demosthenes (c. Mid. p. 
570) in conjunction with the Upoiroiol and those 
who presided over the mysteries, and are rank' il 
by l.ibanius (Pre/am. viii. | with the sitonae, ifcnr- 
rnls, and ambassadors. Their office is spoken ol ai 
honourable by llarpocration (j. r.) ; but Pollux 



(viii. 114) includes them among the inferior offices 
or offices of service (uirnpetriat, Bb'ckh, Pull. Econ. 
of Athens, p. 216, 2d ed.) 

BOKEASMI or BOREASMUS (fapeatrnol 
or fiopea<r/u.6s), a festival celebrated by the Athe- 
nians in honour of Boreas (Hesych. s. p.), which, 
as Herodotus (viL 189) seems to think, was insti- 
tuted during the Persian war, when the Athenians, 
being commanded by an oracle to invoke their 
yafiSpbs br'iKOvpos, prayed to Boreas. The fleet 
of Xerxes was soon afterwards destroyed by a 
north wind, near Cape Sepias, and the grateful 
Athenians erected to his honour a temple on the 
banks of the Ilissus. But considering that Boreas 
was intimately connected with the early history of 
Attica, since he is said to have carried off and 
married Oreithya, daughter of Erechtheus (Herod. 
/. c. ; Paus. L 19. § C), and that he was familiar to 
them under the name of brother-in-luu; we have 
reason to suppose that even previous to the Persian 
wars certain honours were paid to him, which were 
perhaps only revived and increased after the event 
recorded by Herodotus. The festival, however, 
does not seem ever to have had any great celebrity ; 
for Plato (P/taedr. p. 229) represents Phaednis as 
unacquainted even with the site of the temple of 
Boreas. Particulars of this festival are not known, 
except that it was celebrated with banquets. 

Pausanias (viii. 36. § 4) mentions a festival cele- 
brated with annual sacrifices at Megalopolis in 
honour of Boreas, who was thought to have been 
their deliverer from the Lacedaemonians. (Comp. 
Aelian, V. //. xiL 61.) 

Aclian (/. c.) says that the Thurians also offered 
an annual sacrifice to Boreas, because he had de- 
stroyed the fleet with which Dionysius of Syra- 
cuse attacked them ; and adds the curious remark, 
that a decree was made which bestowed upon him 
the right of citizenship, and assigned to him a 
house and a piece of land. This, however, is per- 
haps merely another way of expressing the fact, 
that the Thurians adopted the worship of Boreas, 
and dedicated to him a temple, with a piece of 
land. [L. S.] 

BOULE' (fiovK-fi), a deliberate assembly or 
council. In the heroic ages, represented to us by 
Homer, the /3ovA4) is simply an aristocratical 
council of the nobles, sitting under their king as 
president, who, however, did not possess any greater 
authority than the other members, except what that 
position gave him. The nobles, thus assembled, 
decided on public business and judicial matters, 
frequently in connection with, but apparently not 
subject to, nor of necessity controlled by, an ayopii, 
or meeting of the freemen of the state. (//. ii. 53, 
143, xviii. 503, Od. ii. 239.) This form of govern- 
ment, though it existed for some time in the Ionian, 
Aeolian, and Achaean utiles, was at last w holly abo- 
lished. Amongst the Dorians, however, especially 
with the Spartans, this was not the case ; for it is 
well known that tiny retained the kingly power of 
the Ileracleidae, in conjunction with the ft povtrta 
[Ukkoi.'sia], or assembly of elders, of which the 
kings were members. At Athens, there were two 
councils, one usually called the A rrio/xir/us from 
its meeting on the hill of Ares (tj iv 'Aptitp itayw 
0ov\it), which was m>ro of nn aristocratiral cha- 
racter, and is spoken of under Ahkiopauun, nnd 
the other called The Council or Senate, of the Five 
Hundred (tj Tic ■KtyroKoaiuiv limtsi,,, or simply 
The Council or Senate (t| fiov\ii), which was a 



210 



BOULE. 



BOULE. 



representative, and in most respects a popular body 
(S-q/xm ik6v). It is of the latter council that the 
following article treats. 

Its first institution is generally attributed to 
Solon. There are, however, strong reasons for sup- 
posing that, as in the case of the areiopagus, he 
merely modified the constitution of a body which 
he found already existing. In the first place it is 
improbable, and in fact almost inconsistent with 
the existence of any government, except an abso- 
lute monarchy, to suppose that there was no 
such council. Besides this, Herodotus (v. 71) 
tells us that in the time of Cylon (b. c. 620), 
Athens was under the direction of the presidents 
of the Naucraries (vavKpapiai), the number of 
which was forty-eight, twelve out of each of the 
four tribes. Moreover, we read of the case of the 
Alcmaeonidae being referred to an aristocratical 
tribunal of 300 persons, and that Isagoras, the 
leader of the aristocratic party at Athens, endea- 
voured to suppress the council, or /3ouAt), which 
Cleisthenes had raised to 600 in number, and to 
vest the government in the hands of 300 of his 
own party. (Herod, v. 72 ; Plut. Sol. 12.) This, 
as Thirl wall (Hist, of Greece, vol. ii. p. 41) re- 
marks, can hardty have been a chance coincidence : 
and he also suggests that there may have been two 
councils, one a smaller body, like the Spartan 
•yepova'ia, and the other a general assembly of the 
Eupatrids ; thus corresponding, one to the senatus, 
the other to the comitia curiata, or assembly of the 
burghers at Rome. But be this as it may, it is 
admitted that Solon made the number of his /3ov\{) 
400, taking the members from the three first classes, 
100 from each of the four tribes. On the tribes 
being remodelled by Cleisthenes (b. c. 510), and 
raised to ten in number, the council also was in- 
creased to 500, fifty being taken from each of the 
ten tribes. It is doubtful whether the fiovXeorai, 
or councillors, were at first appointed by lot, as 
they were afterwards ; but as it is stated to have 
been Solon's wish to make the jSouA.^ a restraint 
upon the people, and as he is, moreover, said to 
have chosen (e7riAe£a J u6i'os, Plut. Sol. 19) 100 
members from each of the tribes, it seems reason- 
able to suppose that they were elected, more espe- 
cially when there is no evidence to the contrary. 
(Thirlwall, vol. ii. p. 42.) It is at any rate cer- 
tain that an election, where the eupatrids might 
have used influence, would have been more favour- 
able to Solon's views, than an appointment by lot. 
But whatever was the practice originally, it is well 
known that the appointment was in after times 
made by lot, as is indicated by the title (pi ano 
tov Kva/xov PovAevrai), suggested by the use of 
beans in drawing the lots. (Thuc. viii. 69.) The 
individuals thus appointed were required to submit 
to a scrutiny, or toKijxaaia, in which they gave 
evidence of being genuine citizens (yv^crioi e£ 
hixtpolv), of never having lost their civic rights by 
aTijxla, and also of being above 30 years of age. 
They remained in office for a year, receiving a 
drachma {jxiaQhs fiovAevTiuSs) for each day on 
which they sat : and independent of the general 
account, or eiiOvvai, which the whole body had to 
give at the end of the year, any single member was 
liable to expulsion for misconduct, by his colleagues. 
(Harpocr. s. v. '&K(pvAAo<popia ; Aesch. c. Timarch. 
p. 15, 43, ed. Steph.) 

This senate of 500 was divided into ten sections 
of fifty each, the members of which were called 



Prylanes (TrpvTavets), and were all of the same 
tribe ; they acted as presidents both of the council 
and the assemblies during 35 or 36 days, as the 
case might be, so as to complete the lunar year of 
354 days (12x292). Each tribe exercised these 
functions in turn, and the period of office was called 
a Prytany (irpvTaveia). The turn of each tribe 
was determined by lot, and the four supernumerary 
days were given to the tribes which came last in 
order. (Clinton, F. H. vol. ii. p. 346.) Moreover, 
to obviate the difficulty of having too many in 
office at once, every fifty was subdivided into five 
bodies of ten each ; its prytany also being portioned 
out into five periods of seven days each : so that 
only ten senators presided for a week over the rest, 
and were thence called Proedri (irp6eh'poi). Again, 
out of these proedri an Epistates (e7ri<TTaT7js) was 
chosen for every day in the week to preside as a 
chairman in the senate, and the assembly of the 
people ; during his day of office he kept the pub- 
lic records and seal. 

The prytanes had the right of convening the 
council and the assembly (e/cKA.ij<rfa). The duty 
of the proedri and their president was to propose 
subjects for discussion, and to take the votes both 
of the councillors and the people ; for neglect of 
their duty they were liable to a fine. (Dem. c. 
Timocr. p. 703 — 707.) Moreover, whenever a 
meeting, either of the council or the assembly, 
was convened, the chairman of the proedri selected 
by lot nine others, one from each of the non-pre- 
siding tribes : these also were called proedri and 
possessed a chairman of their own, likewise ap- 
pointed by lot from among themselves. On their 
functions, and the probable object of their appoint- 
ment, some remarks are made in the latter part of 
this article. 

We now proceed to speak of the duties of the 
senate as a body. It is observed under the Areio- 
pagus that the chief object of Solon in forming the 
senate and the areiopagus was to control the de- 
mocratical powers of the state ; for this purpose 
Solon ordained that the senate should discuss and 
vote upon all matters before they were submitted 
to the assembly, so that nothing could be laid be- 
fore the people on which the senate had not come 
to a previous decision. This decision, or bill, was 
called Probouleuma {irpoSovXevfia), and if the as- 
sembly had been obliged either to acquiesce in any 
such proposition, or to gain the consent of the senate 
to their modification of it, the assembly and the 
senate would then have been almost equal powers 
in the state, and nearly related to each other, as 
our two houses of parliament. But besides the 
option of adopting or rejecting a irpoSovhev/ia, or 
tyricpiafia, as it was sometimes called, the people 
possessed and exercised the power of coming to a 
decision completely diiferent from the will of the 
senate, as expressed in the Trpo§ov\evjj.a. Thus in 
matters relating to peace and war, and confederacies, 
it was the duty of the senators to watch over the 
interests of the state, and they could initiate what- 
ever measures, and come to whatever resolutions 
they might think necessary ; but on a discussion 
before the people it was competent for any in- 
dividual to move a different or even contrary pro- 
position. To take an example : — In the Euboean 
war (b. c. 350), in which the Thebans were opposed 
to the Athenians, the senate voted that all the 
cavalry in the city should be sent out to assist the 
forces then besieged at Tamynae ; a TrpoSovKivua 



BOULE. 



BOULE. 



211 



to this effect wa3 proposed to the people, but they 
decided that the cavalry were not wanted, and the 
expedition was not undertaken. Other instances 
of this kind occur in Xenophon. (Hell. L 7. § 9, 
vii. 1 § 2.) 

In addition to the bills which it was the duty of 
the senate to propose of their own accord, there were 
others of a different character, viz., such as any- 
private individual might wish to have submitted to 
the people. To accomplish this it was first neces- 
sary for the party to obtain, by petition, the privi- 
lege of access to the senate (irp6<roBov ypdupaaSat), 
and h ave to propose his motion ; and if the mea- 
sure met with their approbation, he could then 
submit it to the assembly. (Uem. c. Timocr. p. 
715.) Proposals of this kind, which had the 
sanction of the senate, were also called irpoSovKtv- 
/uara, and frequently related to the conferring of 
some particular honour or privilege upon an indi- 
vidual. Thus the proposal of Ctesiphon for crown- 
ing Demosthenes is so styled, as also that of Aris- 
tocrates for conferring extraordinary privileges on 
Charidemus, an Athenian commander in Thrace. 
Any measure of this sort, which was thus approved 
of by the senate, was then submitted to the people, 
and by them simply adopted or rejected ; and " it 
is in these and similar cases, that the statement of 
the grammarians is true, that no law or measure 
could be presented for ratification by the people 
without the previous approbation of the senate, by 
which it assumed the form of a decree passed by 
that body." (Schomann, De Comitiis, p. 103, 
transl. ) 

In the assembly the bill of the senate was first 
read, perhaps by the crier, after the introductory 
ceremonies were over ; and then the proedri put 
the question to the people, whether they approved 
of it, or wished to give the subject further delibera- 
tion. (Aristoph.7Vi«i.290.) The people declared their 
will by a show of hands (irpox«i porovta). Some- 
times, however, the bill was not proposed and ex- 
plained by one of the proedri, but by a private in- 
dividual — cither the original applicant for leave 
to bring forward the measure, or a senator distin- 
guished for oratorical power. Examples of this 
are given by Schomann [De Com. p. ] 06, transl.). 
If the rrpo€ov\fvna of the senate were rejected by 
the people, it was of course null and void. I fit hap- 
pened that it was neither confirmed nor rejected, 
it was iirtruov, that is, only remained in force 
during the year the senate was in office. (Dcm. 
r. Aria, p. Col.) If it was confirmed it became a 
^(pitTfm, or decree of the people, binding upon all 
firlllffl The form for drawing up such decrees 
varied in different ages. Before the archonship of 
Eucleides (u. c. 403), they were generally headed 
by the formula — "E!of« tjj f)ov\jj xal rip ii]fk(p: 
then the tribe was mentioned in whose prytany 
the decree was passed ; then the names of the 
ypannartvt or scribe, and chnirman ; and lastly that 
of the author of the resolution. Examples of tins 
form occur in Andocides (De Mysl. p. 13): thus — 
"ESof* Tjj fiovhfi koX Tip Srifiip, AicutW iirpmdffvt, 
KKtirytrns iypapLfji&Ttvf, BirnOfit iirtmara, too* 
Arifiiipavos avviypatyu). (Cnmp.Thuc.iv. 111!.) 
From the archonship of Eucleides till about n. c. 
826, the decrees commence with the name of the 
nrchon ; then come the day of the month, the tribe 
in office, and lastly the name of the proposer. The 
motive for passing the decree is next stated ; nnd 
then follows the decree itself, prefaced with the 



formula 5e5ox"o' rij fiovKfj teal rip ii)iup. The 
reader is referred to Demosthenes, De Corona, for 
examples. After B. c. 325, another form was used, 
which continued unaltered till the latest times. 
(Schomann, p. 136, transl.) 

Mention has just been made of the ypauftaTevs, 
whose name was affixed to the ifrj^iVyuaTo, as in 
the example given above. He was a clerk chosen 
by lot by the senate, in even- prytany, for the pur- 
pose of keeping the records, and resolutions passed 
during that period ; he was called the clerk ac- 
cording to the prytany (i koto TrpvTavdav), and 
the name of the clerk of the first prytany was 
sometimes used to designate the year. (Pollux, 
viii. 98; Bb'ckh, Publ. Econ. of 'Athens, p. 186, 
2nd ed.) 

With respect to the power of the senate, it must 
be clearly understood that, except in cases of small 
importance, they had only the right of originating, 
not of finally deciding on public questions. Since, 
however, the senators were convened by the pry- 
tanes every day, except on festivals or &<peToi 
rifiepat (Pollux, viii. 95), it is obvious that they 
would be fit recipients of any intelligence affect- 
ing the interests of the state, and it is admitted 
that they had the right of proposing any measure 
to meet the emergency ; for example, we find that 
Demosthenes gives them an account of the conduct 
of Aeschines and himself, when sent out as ambas- 
sadors to Philip, in consequence of which they pro- 
pose a bill to the people. Again, when Philip seized 
on Elateia (B.C. 338), the senate was immediately 
called together by the prytanes to determine what 
was best to be done. (Dem. De Fal. Leg. p. 
346, De Cor. p. 284.) But, besides possessing the 
initiatory power of which we have spoken, the 
senate was sometimes delegated by the people to 
determine absolutely about particular matters, with- 
out reference to the assembly. Thus we are told 
(Dem. De Fal. Leg. p. 389) that the people gave 
the senate power to decide about sending ambas- 
sadors to Philip ; and Andocides (rifpl MvoTif- 
piwv) informs us that the senate was invested 
with absolute authority (fiv yap ainoKpaTwp), to 
investigate the outrages committed upon the statues 
of ilenncs, previously to the sailing of the Sicilian 
expedition. 

Sometimes also the senate was empowered to 
act in conjunction with the nomothctae (avvvo- 
/loOiTtly), as on the revision of the laws after 
the expulsion of the Thirty by Thrasybulus and 
his party, M. c. 403. (Andoc. De Myst. p. 12 ; 
Dcm. c. Timocr. p. 708.) Moreover, it was the 
province of the senate to receive titrayytKiat, or 
informations of extraordinary crimes committed 
against the state, and for which there was no spe- 
cial law provided. The senate in such cases either 
decided themselves, or referred the case to one of 
the courts of the heliaea, especially if they thought 
it required a higher penalty than it was competent 
for them to impose, viz., 500 drachmae. It was 
also their duty to decide on the qualification of 
magistrates, and the character of members of their 
own body. But besides the duties we have enu- 
merated, the senate discharged important functions 
in cases of finance. All legislative authority, in- 
deed, in such matters rested with the people, the 
amount of expenditure nnd the sources of rev. tun; 
being determined by the decrees which they 
passed ; but the administration was entrusted to 
the senate, ns the executive power of the state, 
i. o 



212 



BOULE. 



BOULE. 



and responsible (inrevSvvos) to the people. Thus 
Xenophon (De Rep. Ath. iii. 2) tells us that the 
senate was occupied with providing money, with 
receiving the tribute, and with the management of 
naval affairs and the temples ; and Lysias (c. 
Nicom. p. 185) makes the following remark: — 
" When the senate has sufficient money for the 
administration of affairs, it does nothing wrong ; 
but when it is in want of funds, it receives in- 
formations, and confiscates the property of the 
citizens." The letting of the duties (TeKwvai) was 
also under its superintendence, and those who 
were in possession of any sacred or public moneys 
('Upa Kai atria) were bound to pay them into 
the senate-house ; and in default of payment, the 
senate had the power of enforcing it, in conformity 
with the laws for the farming of the duties (oi 
TtXwviKol vdfioi). The accounts of the moneys 
that had been received, and of those still re- 
maining due, were delivered to the senate by the 
apodectae, or public treasurers. [Apodectae.] 
" The senate arranged also the application of the 
public money, even in trifling matters, such as the 
salary of the poets ; the superintendence of the 
cavalry maintained by the state, and the ex- 
amination of the infirm (aSvyaroi) supported by 
the state, are particularly mentioned among its 
duties ; the public debts were also paid under its 
direction. From this enumeration we are justified in 
inferring that all questions of finance were confided 
to its supreme regulation." (Bdckh, Pull. Econ. 
of Athens, p. 154, 2nd ed.) Another veiy im- 
portant duty of the senators was to take care that 
a certain number of triremes was built every year, 
for which purpose they were supplied with money 
by the state ; in default of so doing, they were not 
allowed to claim the honour of wearing a crown, 
or chaplet (<n-e'<J>aeos), at the expiration of their 
year of office. (Arc;. Orat. c. Androt.) 

It has been already stated that there were two 
classes or sets of proedri in the senate, one of 
which, amounting to ten in number, belonged to 
the presiding tribe ; the other consisted of nine, 
chosen by lot by the chairman of the presiding 
proedri from the nine non-presiding tribes, one 
from each, as often as either the senate or the peo- 
ple were convened. It must be remembered that 
they were not elected as the other proedri, for 
seven days, but only for as many hours as the 
session of the senate, or meeting of the people, 
lasted. Now it has been a question what were 
the respective duties of these two classes : but it 
appears clear to lis that it was the proedri of the 
presiding tribe who proposed to the peojile in 
assembly, the subjects for discussion ; recfted, or 
caused to be recited, the previous bill (irpoSov- 
Aeu^a) of the senate ; officiated as presidents in 
conjunction with their iirt<TTa.TT]s, or chairman, and 
discharged, in fact, all the functions implied by the 
words xi ,r lt la ' r ' i C e " / v pbs TOf hrjfxov. For ample 
arguments in support of this opinion the reader is 
referred to Schdmann. (De Com. p. 83. transl.) 
It does indeed appear from decrees furnished by 
inscriptions, and other authorities, that in later 
time the proedri of the nine tribes exercised some 
of those functions which the orations of Demos- 
thenes, and his contemporaries, justify us in assign- 
ing to the proedri of the presiding tribe. It must, 
however, be remarked that all such decrees were 
passed after 8. c. 308, when there were twelve 
tribes ; and that we cannot, from the practice of 



those days, arrive at any conclusions relative to the 
customs of former ages. 

If it is asked what, then, were the duties of these 
proedri in earlier times, the answer must be in a 
great measure conjectural ; but the opinion of 
Schornann on this point seems very plausible. He 
observes that the prytanes had extensive and im- 
portant duties entrusted to them ; that they were 
all of one tribe, and therefore closely connected ; 
that they officiated for 35 days as presidents of the 
representatives of the other tribes ; and that they 
had ample opportunities of combining for the bene- 
fit of their own tribe at the expense of the commu- 
nity. To prevent thi3, and watch their conduct 
whenever any business was brought before the 
senate and assembly, may have been the reason for 
appointing, by lot, nine other quasi-presidents, re- 
presentatives of the non-presiding tribes, who would 
protest and interfere, or approve and sanction as 
they might think fit. Supposing this to have been 
the object of their appointment in the first instance, 
it is easy to see how they might at last have been 
united with the proper proedri, in the performance 
of duties originally appropriated to the latter. 

In connection with the proedri we meet with 
the expression t> ■n-poeSpevovo'a <pv\i). Our in- 
formation on this subject is derived from the speech 
of Aeschines against Timarchus, who informs us, 
that in consequence of the unseemly conduct of 
Timarchus, on one occasion, before the assembly, 
a new law was passed, in virtue of which, a tribe 
was chosen by lot to keep order, and sit as presi- 
dents under the /BTjjua, or platform on which the 
orators stood. No remark is made on the subject 
to warrant us in supposing that senators only were 
elected to this office ; it seems more probable that 
a certain number of persons was chosen from the 
tribe on which the lot had fallen, and commissioned 
to sit along with the prytanes and the proedri, and 
that they assisted in keeping order. We may 
here remark that if any of the speakers (gropes) 
misconducted themselves either in the senate or 
the assembly, or were guilty of any act of violence 
to the eVitrTaT^s, after the breaking up of either, 
the proedri had the power to inflict a summary 
fine, or bring the matter before the senate and 
assembly at the next meeting, if they thought the 
case required it. 

The meetings of the senate were, as we learn 
from various passages of the Attic orators, open to 
strangers ; thus Demosthenes (DeFal. Leg. p. 346) 
says that the senate-house was, on a particular oc- 
casion, full of strangers (p-zcrrbv iSicorwy) : in 
Aeschines (c. Ctes. p. 71. 20) we read of a motion 
" that strangers do withdraw " (fieTa<TTi]a-dij.evos 
robs ISiuTas, Dobree, Advers. vol. i. p. 542). Nay, 
private individuals were sometimes, by a special 
decree, authorised to come forward and give advice 
to the senate. The senate-house was called to 
PovXevrripiov, and contained two chapels, one of 
Zci/s fiovAaios, another of 'A6i)va. fiovAaia, in 
which it was customary for the senators to offer 
up certain prayers before proceeding to business. 
(Antiph. De Chor. p. 787.) 

The prytanes also had a building to hold their 
meetings in, where they were entertained at the 
public expense during their prytany. This was 
called the wpvTavewv, and was used for a variety 
of purposes. [Prytaneion.] Thucydides (ii. 
15), indeed, tells us that before the time of The- 
seus every city of Attica had its fiovAevrripiov and 



BRACAE. 

■xpinaxCiov : a statement which gives additional 
support to the opinion that Solon did not originate 
the senate at Athens. 

The number of tribes at Athens was not always 
ten ; an alteration took place in B. c. 306, when 
Demetrius Poliorcetes had liberated the city from 
the usurpation of Cassander. Two were then 
added, and called Demetrias, and Antigonis, in 
honour of Demetrius and his father. It is evident 
that this change, and the consequent addition of 
100 members to the senate, must have varied the 
order and length of the prytanes. The tribes just 
mentioned were afterwards called Ptolemais and 
Attalis ; and in the time of Hadrian, who beau- 
tified and improved Athens (Paus. i. 18. § 6), a 
thirteenth was added, called from him Hadrianis. 
An edict of this emperor has been preserved, which 
proves that even in his time the Athenians kept up 
the show of their former institutions. (Hermann, 
Griech. StaaUalterth. § 125, etc ; Scbb'mann, De 
ComMLs Atlteniensium.) [R. W.] 

BOULEU'SEOS GRAPHE' (fio\,\(i><nws 
ypcupi)), an impeachment for conspiracy. BovKeii- 
<Ttas, being in this case the abbreviated form of 
4iriSov\ev(T(ws, is the name of two widely different 
actions at Attic law. The first was the accusation 
of conspiracy against life, and might be instituted 
by the person thereby attacked, if competent to 
bring an action ; if otherwise, by his or her legal 
patron (Kvpioi). In case of the plot having suc- 
ceeded, the deceased might be represented in the 
prosecution by near kinsmen (oZ iyrbs avetyidTirros), 
or, if thev were incompetent, by the Kvptos, as 
above mentioned. (Meier, Ati. I'rrxr. p. 164.) The 
criminality of the accused was independent of the 
result of the conspiracy (Harpocrat), and the 
penalty, upon conviction, was the same as that 
incurred by the actual murderers. (Andoc. I)c 
Mi,-', p. 46. 5.) The presidency of the court upon 
a trial of this kind, as in most Sixai ipoviKai, be- 
longed to the king archon ( Mi ier, AH. 1'roe. 
p. 312), and the court itself was composed »f the 
cplutae, sitting at the Palladium, according to 
Isaeus and Aristotle, as cited by Harpocration, 
who, however, also mentions that the arciopagus 
is stated by Dcinarchiis to have been the proper 
tribunal. 

The other action, fjovKevatws, was available 
upon a person finding himself wrongfully inscribed 
as a state debtor in the registers, or rolls, which 
were kept by the different financial officer*. Meier 
(Alt. l'nir. p. 339), however, suggests that a ma- 
gistrate that had so offended, would probably be 
proceeded against at the ( vBvvai, or ^tix ( iporovtat, 
the two occasions upon which the public conduct of 
magistrates was examined ; so that generally the 
defendant in this action would be a private citizen 
that had directed such an ins rtion at his own 
peril. From the passage in Demosthenes, it seems 
Doubtful whether the disenfranchisement (irtfiia) 
of the plaintiff as a state-debtor was in abeyance 
while this action was pending. Demosthenes at 
first asserts (c. A rittuj. i. p. 77H. 1!*), but after- 
wards ( p. 7 9 2. 1) argue* that it was not (Sec, 
however, Meier, All. /'roc. p. 340, and Itockh's 
Mill.) The distinction between this action and 
At similar one tf>t vStyypatpTis, is explained under 
the Utter title. [J.. S.M.I 
BOULEUTE'RION. [Boiti.e, p. 212, b.) 
BRACAE or BRA ('CAE ( waivpiS^ ), trow- 
irn, pantaloons. These, as well as various other 



BRASIDEIA. 



213 



articles of armour and of dress [ Acinaces, Arcus, 
Ar.milla], were common to all the nations which 
encircled the Greek and Roman population, ex- 
tending from the Indian to the Atlantic ocean. 
Hence Aristagoras, king of Miletus, in his inter- 
view with Cleomcnes, king of Sparta, described 
the attire of a large portion of them in these terms: 
— " They carry bows and a short spear, and go 
to battle in trowsers and with hats upon their 
heads." (Herod, v. 49.) Hence also the phrase 
Druccati militis arcus, signifying that those who 
wore trowsers were in general armed with the 
bow. (Prcpert. iii. 3. 17.) In particular, we 
are informed of the use of trowsers or pantaloons 
among the following nations : — the Medes and 
Persians ; the Parthians ; the Phrygians ; the 
Sacae ; the Sarmatae ; the Dacians and Gctae ; 
the Teutones; the Belgae ; the Britons ; and the 
Gauls. 

The Latin word braccae is the same as the 
Scottish " breeks " and the English " breeches." 
Corresponding terms are used in all the northern 
languages. Also the Cossack and Persian trowsers 
of the present day differ in no material respect 
from those which were anciently worn in the same 
countries. In ancient monuments we find the 
above-mentioned people constantly exhibited in 
trowsers, thus clearly distinguishing them from 
Greeks and Romans. An example is seen in the 
annexed group of Sarmatians, taken from the co- 
lumn of Trajan. 




Trowsers were principally woollen ; but Agnthias 
states (Hist. ii. 5) that in Europe they were also 
made of linen and of leather ; probably the Asiatics 
made them of cotton and of silk. Sometimes they 
were striped (riri/atue, Prnpcrt. iv. II. 43), and 
ornamented with a woof of various colours (votMAOi, 
Xcn. Anal/, i. 5. § It). The (ireeks seem never to 
have worn them. They were also unknown at 
Rome during the republican period ; and in A. D. 
69 Caecina gave great offence on his march into 
Italy, because he wore braccae, which were re- 
garded as tetpnrn btirlxirum. (Tac. Hist. ii. 20.) 
In the next century, however, they gradually came 
into use at Rome ; but they would appear never to 
have been generally worn. It is recorded of 
Alexander S'venis that he wore white braccae, 
and not crimson ones (cocrinrur), as had been the 
custom with preredinir emperors. The use of them 
in the citv was forbidden by llonorius. (Enmprid. 

Aitm.8tvr.40.) [J. Y.] 

Kit \ S 1 1 > I % I A (/?fOfflo«ia), a festival celebrated 
I 3 



214 BRAURONIA. 

at Sparta in honour of their great general Brasidas, 
who, after his death, in B. c. 422, received the 
honours of a hero. (Paus. iii. 14. § 1 ; Aristot. 
Eih. Nic. v. 7.) It was held every year with 
orations and contests, in which none but Spartans 
were allowed to partake. 

Brasideia were also celebrated at Amphipolis, 
which, though a colony of Athens, transferred the 
honour of /cTiVrrji from Hagnon to Brasidas, who 
was buried there, and paid him heroic honours by 
an annual festival with sacrifices and contests. 
(Thucyd. v. 11.) [L. S.] 

BRAURO'NIA (fipavpwvia), a festival cele- 
brated in honour of Artemis Brauronia, in the 
Attic town of Brauron (Herod, vi. 138), where, 
according to Pausanias (i. 23. § 9, 33. § 1, iii. 16. 
§ 6, viii. 46. § 2), Orestes and Iphigeneia, on their 
return from Tauris, were supposed by the Athenians 
to have landed, and left the statue of the Taurian 
goddess. (See Miiller, Dor. i. 9. § 5 and 6.) It 
was held every fifth year, under the superintend- 
ence of ten Upoivotoi (Pollux, viii. 9, 31) ; and the 
chief solemnity consisted in the circumstance that 
the Attic girls between the ages of five and ten 
years, dressed in crocus-coloured garments, went in 
solemn procession to the sanctuary (Suidas, s. v. 
"ApKios ■ Schol. on Aristoph. Lysistr. 646), where 
they were consecrated to the goddess. During 
this act the Upoiroioi sacrificed a goat and the 
girls performed a propitiatory rite in which they 
imitated bears. This rite may have arisen simply 
from the circumstance that the bear was sacred to 
Artemis, especially in Arcadia (Muller, Dor. ii. 9. 
§ 3); but a tradition preserved in Suidas (s.v. 
"ApKTos) relates its origin as follows : — In the 
Attic town of Phanidae a bear was kept, which 
was so tame that it was allowed to go about quite 
freely, and received its food from and among men. 
One day a girl ventured to play with it, and, on 
treating the animal rather harshly, it turned round 
and tore her to pieces. Her brothers, enraged at 
this, went out and killed the bear. The Athenians 
now were visited by a plague ; and, when they 
consulted the oracle, the answer was given that 
they would get rid of the evil which had befallen 
them if they would compel some of their citizens 
to make their daughters propitiate Artemis by a 
rite called apKrevtiv, for the crime committed 
against the animal sacred to the goddess. The 
command was more than obeyed ; for the Athenians 
decreed that from thenceforth all women, before 
they could marry, should have taken part once in 
this festival, and have been consecrated to the 
goddess. Hence the girls themselves were called 
ap/cToi, the consecration ap/crei'a, the act of con- 
secrating aptcTeveiv, and to celebrate the festival 
apKTevto-Bcu. (Hesych. and Harpocrat. s. v. ; 
Schol. on Aristoph. I. c.) But as the girls when 
they celebrated this festival were nearly ten years 
old, the verb SeKareveiv was sometimes used in- 
stead of aptcreveiv. (Comp. C. F. Hermann, Handb. 
der gottesdienstl. Alterth. § 62. note 9.) 

There was also a quinquennial festival called 
Brauronia, which was celebrated by men and dis- 
solute women, at Brauron, in honour of Dionysus. 
(Aristoph. Pax, 870, with the note of the Scho- 
liast ; and Suidas s. v. Bpavpdy.) Whether its 
celebration took place at the same time as that of 
Artemis Brauronia (as has been supposed by 
Miiller, Dor. ii. 9. § 5, in a note, which has, how- 
ever, been omitted in the English translation), must 



BREVIARIUM. 

I remain uncertain, although the very different cha- 
racters of the two festivals incline us rather to 
believe that they were not celebrated at the same 
time. According to Hesychius, whose statement, 
however, is not supported by any ancient authority, 
the Iliad was recited at the Brauronian festival of 
Dionysus by rhapsodists. (Comp. Hemsterh. ad 
Pollitcem, ix. 74 ; Welcker, Der Epische Cyclus, 
p. 391.) [L.S.] 

BREVIA'RIUM, or BREVIA'RIUM ALA- 
RICIA'NUM. Alaric the Second, king of the 
Visigoths, who reigned from A. D. 484 to A. d. 507, 
in the twenty second year of his reign (a. d. 506) 
commissioned a body of jurists, probably Romans, 
to make a selection from the Roman laws and the 
Roman law writers, which should form a code for 
the use of his Roman subjects. The code, when 
made, was confirmed by the bishops and nobility at 
Aduris (Aire in Gascony) ; and a copy, signed by 
Anianus, the referendarius of Alaric, was sent to 
each comes, with an order to use no other law or 
legal form in his court (ut in foro tuo nulla alia lex 
negue juris formula proferri vel recipi praesumatur). 
The signature of Anianus was for the purpose of 
giving authenticity to the official copies of the code ; 
a circumstance which has been so far misunderstood 
that he has sometimes been considered as the com- 
piler of the code, and it has been called Breviarium 
Aniani. This code has no peculiar name, so far 
as we know : it was called Lex Romana Visi- 
gothorum, and at a later period, frequently Lex 
Theodosii, from the title of the first and most import- 
ant part of its contents. The name Breviarium, or 
Breviarium Alaricianum, does not appear before 
the sixteenth century. 

The following are the contents of the Breviarium, 
with their order in the code: — 1. Codex Theo- 
dosianus, xvi books. 2. Novellae of Theodosius ii, 
Valentinian iii, Marcian, Majorian, Severus. 3. 
The Institutions of Gaius, ii books. 4. Pauli 
Receptae Sententiae, v books. 5. Codex Grego- 
rianus, v books, 6. Codex Hermogenianus, i 
book. 7. Papinianus, lib. i. Responsorum. 

The code was thus composed of two kinds of 
materials, imperial constitutions, which, both in the 
code itself and the commonitorium or notice pre- 
fixed to it, are called Leges ; and the writings of 
Roman jurists, which are called Jus. Both the 
Codex Gregorianus and Hermogenianus, being 
compilations made without any legal authority, 
are included under the head of Jus. The selec- 
tions are extracts, which are accompanied with 
an interpretation, except in the case of the In- 
stitutions of Gaius ; as a general rule, the text, so 
far as it was adopted, was not altered. The Insti- 
tutions of Gaius, however, are abridged or epito- 
mised, and such alterations as were considered 
necessary for the time are introduced into the 
text : this part of the work required no interpre- 
tation, and accordingly it has none. There are 
passages in the epitome which are not taken from 
Gaius. (Gaius, iii. 127, ed. Goeschen.) 

This code is of considerable value for the history 
of Roman law, as it contains several sources of the 
Roman law which are otherwise unknown, especi- 
ally Paulus and the five first books of the Theo- 
dosian code. Since the discovery of the Institu- 
tions of Gaius, that part of this code is of less 
value. 

The author of the Epitome of Gaius in the 
Breviarium paid little attention to retaining the 



BUCCINA. 



BULLA. 



215 



words of the original, and a comparison of the 
Epitome and the MS. of Gaius is therefore of little 
advantage in this point of view. The Epitome is, 
however, still useful in showing what subjects were 
discussed in Gaius, and thus filling up (so far as 
the material contents are concerned) some of the 
lacunae of the Verona MS. 

A complete edition of thi3 code was published 
by Sichard, in his Codex Theodosianus, Basileae, 
152fi, small folio. (Schulting, Jurispriulentia Vetus 
Ante-Justinianea, Lugd. Bat 1717; Jus Civile 
Antejustinianeum, Berlin, 1815 ; Julii Paulli Re- 
cejit. Sentent. Lib. v. ed. Arndts, Bonn, 1833 ; 
Savigny, Otschichte des Horn. Ucchts im Miticlalter. 
iL c 8 ; Bocking, Instiluiionen, i. 90, &C ; Gaius, 
Praefatio Primae Editioni Pruemissa.) [G. L.] 

BBUTTIA'NI, slaves whose duty it was to 
wait upon the Roman magistrates. They are said 
to have been originally taken from among the 
Bruttians, because this people continued from first 
to last faithful to Hannibal ( Kcstus, s. r. ISrutiiani; 
Cell. x. 3) ; but Niebuhr (Hist, of Home, vol. iii. 
note 944) is disposed to think that these servants 
bore this name long before, since both Strabo (vi. 
p. 255) and Diodoni3 (xvi. 15) state that this word 
signified revolted slaves. 

BU'CCINA ()3ukoki)), a kind of horn-trumpet, 
anciently made out of a shell. It is thus happily- 
described by Ovid (Met. i. 335): — 

" Ava buccina sumitur illi 
Tortilis, in latum quae turbine crc-scit ab imo: 
Buccina, quae in medio concepit ut acra ponto, 
Littora voce replet stib utroque jacentia Phoebo." 

The musical instrument buccina nearly resembled 
in shape the shell Imccinum, and, like it, might 
almost be described from the above lines (in the 
language of conchologists), as spiral and gibbous. 
The two drawings in the annexed woodcut agree 
with this account. In the first, taken from a frieze 
(Bumcy's History of Music, vol. i. pi. 6), the 
buccina is curved for the convenience of the per- 
former, with a very wide mouth, to diffuse and 
increase the sound. In the next, a copy of an 
ancient sculpture taken from Blanchini's work (l)e. 
Musiris lustrum. Veterum, p. 15. pi. 2, 18), it still 
retains the original form of the shell. 




The inscriptions quoted by Bartholini (Da Tibiis, 
p. 226) seem to prove that the buccina was distinct 
from the cornu ; but it is often (as in Am. vii. 
519) confounded with it. The buccina seems to 
have been chiefly distinguished by the twisted 
form of the bIii II, from which it was originally 



made. In later times it was carved from hom, 
and perhaps from wood or metal, so as to imitate 
the shell. The buccina was chiefly used to pro- 
claim the watches of the day (Senec. Thyest. 798) 
and of the night, hence called buccina prima, sc- 
cunda, &c. (Polyb. xiv. 3 ; Liv. xxvi. 15 ; SiL 
Ital. vii. 154 ; Propcrt. iv. 4. 63 ; Cic. Pro Mur. 
9.) It was also blown at funerals, and at festive 
entertainments both before sitting down to table 
and after. (Tacit Ann. XT. 30.) Macrobius(i. 8) 
tells us that tritons holding buccinae were fixed on 
the roof of the temple of Saturn. 

The musician who played the buccina was called 
buccinator. [B. J.] 

BULLA, a circular plate or boss of metal, so 
called from its resemblance in form to a bubble 
floating upon water. Bright studs of this descrip- 
tion were used to adoru the sword-1 clt (uurea 
Lull is cinyula, Virg. Aen. ix.. 359 ; bullis aspcr 
baltcus, Sid. Apoll. Carm. 2). Another use of 
them was in doors, the parts of which were fas- 
tened together by brass-headed, or even by gold- 
headed nails. (Plaut. Asin. ii. 4, 20; Cic. Verr. 
iv. 56.) The magnificent bronze doors of the 
Pantheon at Home are enriched with highly orna- 
mented bosses, some of which are here shown. 




We most frequently read, however, of bullae as 
ornaments worn by children suspended from the 
neck, and especially by the sons of the noble and 
wealthy. Such a one is called heres bullatus by 
Juvenal (Sat. xiv. 4). His bulla was made of thin 
plates of gold. Its usual form is Bhown in the 
annexed woodcut, which represents a fine bulla 
preserved in the British Museum, and is of the 
size of the original. 




The use of the bulta, like that of the pmetexto, 
was derived from the Etruscans, whence it is 
railed bv .In venal (v. I'll) Mi Ktruscum. It 
was originally worn only by the children of the 
]>atricians, but subsequently by all of free birth (Cic. 
v 4 



216 



BYSSUS. 



(MCABUS. 



Verr. i. 58) ; while children of the libertini were 
only pennitted to wear an ornament of the same 
kind made of leather [nodus tantum et signum de 
paupere loro, Juv. v. 165 ; libeiiinis scortea, Ascon. 
ad Oic. I. c). The bulla was laid aside, together 
with the praetexta, and was consecrated on this 
occasion to the Lares. (Pers. v. 31.) Examples 
of boys represented with the bulla are not unfre- 
quent in statues, on tombs, and in other works of 
art. (Spon, Misc. p. 299 ; Middleton, Ant. Mon. 
tab. 3.) [J. Y.] 

BUMS. [Aratrum.] 

BUSTUA'RII. [Funus.] 

BUSTUM. [Funus.] 

BUXUM (irv^os), properly means the wood of 
the box tree, but was given as a name to many 
things made of this wood. The tablets used for 
writing on, and covered with wax (tabulae ceratae), 
were usually made of this wood. Hence we read 
in Propertius (iii. 22. 8), " Vulgari buxo sordida 
cera fuit." These tabellae were sometimes called 
cerata bum. In the same way the Greek nvt,iov, 
formed from iri>£oy, " box-wood," came to be ap- 
plied to any tablets, whether they were made of 
this wood or any other substance ; in which sense 
the word occurs in the Septuagint (to iru£i'a t« 
\iQwa, Exod. xxiv. 12 ; compare Is. xxx. 8 ; Hab. 
ii. 2). 

Tops were made of box-wood (volubile buxum, 
Virg. Aen. vii. 382 ; Pers. iii. 51) ; and also all 
wind instruments, especially the flute, as is the case 
in the present day (Ov. Ex Pont. i. 1 . 45, Met. xii. 
158, Fast. vi. 697 ; Virg. Aen. ix. 619). Combs 
also were made of the same wood ; whence Juvenal 
(xiv. 194) speaks of caput intactum buxo. 

BYSSUS (fivcraos). It has been a subject of 
some dispute whether the byssus of the ancients 
was cotton or linen. Herodotus (ii. 86) says that 
the mummies were wrapped up in byssine sindon 
(<Tiv86vos fiv<Ta-LV7]s TeAa/ioxri), which Rosellini 
and many modern writers maintain to be cotton. 
The only decisive test, however, as to the material 
of mummy cloth is the microscope ; and from the 
numerous examinations which have been made, it 
is quite certain that the mummy cloth was made 
of flax and not of cotton, and therefore whenever 
the ancient writers apply the term byssus to the 
mummy cloth, we must understand it to mean 
linen. 

The word byssus appears to come from the 
Hebrew butz, and the Greeks probably got it 
through the Phoenicians. (See Gesenius's Jlie- 
saurus.) Pausanias (vi. 26. § 4) says that the 
district of Elis was well adapted for growing 
byssus, and remarks that all the people, whose 
land is adapted for it, sow hemp, flax, and byssus. 
In another passage (v. 5. § 2) he says that Elis is 
the only place in Greece in which byssus grows, 
and remarks that the byssus of Elis is not inferior 
to that of the Hebrews in fineness, but not so yel- 
low (^avBri). The women in Patrae gamed their 
living by making head-dresses (/ce/cpL^aAoi), and 
weaving cloth from the byssus grown in Elis. 
(Paus. vii. 21. § 7.) 

Among later writers, the word byssus may per- 
haps be used to indicate either cotton or linen 
cloth. Bbttiger (Sabina, vol. ii. p 105) supposes 
that the byssus was a kind of muslin, which was 
employed in making the celebrated Coan garments. 
It is mentioned in the Gospel of St. Luke (xvi. 9) 
as part of the dress of a rich man. (Compare Rev. 



xviii. 12.) It was sometimes dyed of a purple or 
crimson colour (fivovivov Ttoptpvpovv, Hesych.). 
Pliny (xix. 4) speaks of it as a species of flax 
Qinwm), and says that it served midierum maxime 
deliciis. (Yates, Textrinum Antiquorum, p. 267, 
&c.) 



C.K. 

CABEI'RI A (na§dpia), mysteries, festivals, and 
orgies solemnised in all places in which the Pelas- 
gian Cabeiri, the most mysterious and perplexing 
deities of Grecian mythology, were worshipped, 
but especially in Samothrace, Imbros, Lemnos, 
Thebes, Anthedon, Pergamus, and Bcrvtos. (Paus. 
ix. 25. § 5, iv. ] . § 5, ix. 22. § 5, i. 4. § 6 ; Euseb. 
Praep. Evang. p. 31.) Little is known respecting 
the rit'js observed in these mysteries, as no one was 
allowed to divulge them. (Strabo, x. p. 470, &c; 
Apollon. Rhod. i. 917; Orph. Argon. 469; Valer. 
Flacc. ii. 435.) Diagoras is said to have provoked 
the highest indignation of the Athenians by his 
having made these and other mysteries public. 
(Athenag. Leg. ii. 5.) The most celebrated were 
those of the island of Samothrace, which, if we 
may judge from those of Lemnos, were solemnised 
every year, and lasted for nine days. The admis- 
sion was not confined to men, for we find instances 
of women and boys being initkted. (Schol. ad 
Eurip. Phoen. 7 ; Plut. Alex. 2 ; Donatus ad Terent. 
Pliorm. i. 15.) Persons on their admission seem 
to have undergone a sort of examination respect- 
ing the life they had led hitherto (Plut. Laced. 
Apophth. Antalcid. p. 141. ed. Tauchnitz), and 
were then purified of all their crimes, even if they 
had committed murder. (Livy. xlv. 5 ; Schol. ad 
Theocrit. ii. 12 ; Hesych. s. v. Koi'rjs.) The prie=t 
who undertook the purification of murderers bore 
the name of Kol-qs. The persons who were ini- 
tiated received a purple ribbon, which was worn 
around their bodies as an amulet to preserve them 
against all dangers and storms of the sea. (Schol. 
ad Apollon. I. c. ; Diodor. v. 49.) 

Respecting the Lemnian Cabeiria we know that 
their annual celebration took place at night (Cic. 
De Nat. Deor. i. 42), and lasted for nine days, 
during which all fires of the island, which were 
thought to be impure, were extinguished, sacrifices 
were offered to the dead, and a sacred vessel was 
sent out to fetch new fire from Delos. During these 
sacrifices the Cabeiri were thought to be absent with 
the sacred vessel ; after the return of which, the 
pure fire was distributed, and a new life began, 
probably with banquets. (Schol. ad Apollon. Rhod. 
i. 608.) 

The great celebrity of the Samothracian mys- 
teries seem to have obscured and thrown into ob- 
livion those of Lemnos, from which Pythagoras is 
said to have derived a part of his wisdom. (Iam- 
blich. Vit. Pyth. c. 151 ; compare M tiller's Prolego- 
mena, p. 150.) Concerning the celebration of the 
Cabeiria in other places nothing is known, and they 
seem to have fallen into decay at a very early 
period. (Comp. Guthberlet, De Mysteriis Deorum 
Cabirorum, Franequerae, 1704, 4to. ; Welcker, Die 
Aeschyl. Tril. p. 160, &c. ; E. G. Haupt, De Reli- 
gione Cahiriaca, 1834, 4to. ; Lobcck, Aglaophamus, 
p. 1281, &c. ; Kenrick, The Egypt of Herod, p. 264, 
&c.) [L.S.] 

CACABUS. [Authepsa.] 



KAKOSIS. 



KAKOTECHXION DIKE. 217 



KAKEGO'RIAS DIKE' (KaKripoyias SUr,). 
was an action for abusive language in the Attic 
courts. This action is likewise called KaKrryop'wv 
S'ikti (Dem. C Mid. p. 544), AoiSopi'as 5i'/cr) (biwKwv 
AoiSopIas, Aristoph. Vetp. 1207), and Kcu<o\oytas 
S'iktj. This action could be brought against an 
individual who applied to another certain abusive 
epithets, such as avSpdQovos, traTpa\oias, Ace, 
which were included under the general name of 
atrdp'lrrrra. [Aporrheta.] It was no justifica- 
tion that these words were spoken in anger. (Lys. 
c. T/ieomn. pp. 372, 373.) By a law of Solon it 
was also forbidden to speak evil of the dead ; and if 
a person did so, he was liable to this action, which 
could be brought against him by the nearest rela- 
tion of the deceased. (Dem. c. Leptin. p. 488, c. 
ISoeot. p. 1022 ; Plut. Sol. c. 21.) If an individual 
abused any one who was engaged in any public 
office the offender not only suffered the ordinary 
punishment, but incurred the loss of his rights as a 
citizen (art/iia), since the state was considered to 
have been insulted. (Dem. c. Mid. p. 524.) 

If the defendant was convicted, he had to pay a 
fine of 500 drachmae to the plaintiff. (Isoc. c. 
Loch, p. 306 ; Lys. c. Tfteomn. p. 354.) Plutarch, 
however, mentions that, according to one of Solon's 
laws, whoever spoke evil of a person in the temples, 
courts of justice, public offices, or in public festi- 
vals, had to pay five drachmae ; but as Platner 
(Process bet den Attikern, vol. ii. p. 192) has ob- 
served, the law of Solon was probably changed, 
and the heavier fine of 500 drachmae substituted 
in the place of the smaller sum. Demosthenes, 
in his oration against Meidias (p. 543) speaks of a 
fine of 1000 drachmae ; but this is probably to be 
explained by supposing that Demosthenes brought 
two actions Kcucnyoplas ; one on his own account, 
and the other on account of the insults which 
Meidias had committed against his mother and 
sister. This action was probably brought before the 
thesmothctae (Dem. c. Mid. p. 544), to whom the 
related SSptws ypaupi) belonged. The two speeches 
of Lysias against Theomncstus were spoken in an 
action of this kind. 

KAKOLO GIAS DIKE'. [Kakegorias 
Dike. | q 

KAKO'SIS ((c<£kw(Tii), in the language of the 
Attic law, does not signify even - kind of ill-treat- 
ment, hut 

I. The ill-treatment of parents by their children 
(ndKuiaii yoviwv). 2. Of women by their hus- 
bands (k«£k<ijitis yvvaiKuv). 3. Of heiresses («a- 
Kwtru riiv liriKhiipwv). 4. Of orphans and widows 
by their guardians or any other persons (kokuoh 
run optpavwv xal xvpfo-ovvuiv yvvcunuii). 

1. KctKwm yoviwv was committed by those who 
struck their parents, or applied abusive epithets to 
them, or refused them the means of support when 
they were able to afford it, or did not bury them 
nftir their denth and pay them proper honours. 
(Aristoph. At: 7">7, 1 356 ; Suidas, ». r. ntXapyinht 
v6fios.) It was no justification for children that 
their parents had treated them badly. If, however, 
they were illegitimate, or had not received a proper 
education from their |>orcnts, they could not be 
prosecuted for kokuxjh. (Meier, All. 1'roeess, p. 
288.) 

2. Kdjceoim yvvautiw was committed by hus- 
band* who ill-treated their wives in any manner 
or had intercourse with other women (Dint;. I.airt. 
iv. 17; compare Pint. Alcib. K), or denied their 



I wives the marriage duties ; for by a law of Solon, 
the husband was bound to visit his wife three 

I times even - month, at least if she was an heiress. 
(Plut. Sol 20, Erotic. 23.) In the comedy of 
Cratinus, called the " Wine Flask " (IIi/t'iit)), 
Comedy was represented as the wife of Cratinus, 
who brought an action against him because he neg- 
lected her and devoted all his attention to the 
wine flask. (Schol. ad Aristoph. Equit. 399.) 

3. KaKuxris twv 4iriK\rip£iv was committed bv 
the nearest relatives of poor heiresses, who neither 
married them themselves, nor gave them a dowry 
in order to marry them to persons of their own 
rank in life (Dem. c.Mucart. p. 107G ; Harpocr. s. s. 
'E-Ioikos, 0T)T€i • Suid. Phot. s. r. ©rrreus) ; or, if 
they married them themselves, did not perform the 
marriage duties. (Plut. Sol. 20.) 

4. KoLKUHTis ™ op<pava>v nal x r IP* vo ' ovo ~ wv 7 U - 
vaiKuv was committed by those who injured in 
any way cither orphans or widows, both of whom 
were considered to be in an especial manner under 
the protection of the chief archon. (Dem. c. Macarl. 
p. 1076; & 6.px<vv, bo-Tts itrefieKuTo twv x r >P wv 
Kai ruv op<pav£iv, Ulpian. ad Dcmosth. c. Timocr.) 
The speech oflsaeus on the Inheritance ofHagnias, 
is a defence against an eiVayyeAi'a Ktucwo-tws of 
this kind. 

AH these cases of KdVwinr belonged to the 
jurisdiction of the chief archon (apxfv iirwvvfxos). 
If a person wronged in any way orphans, heiresses, 
or widows, the archon could inflict a fine upon them 
himself ; or if he considered the person deserving 
of greater punishment, could bring him before the 
hcliaea. (Dem. c. Macarl. p. 1076. Lex.) Any 
private individual could also accuse parties guilty 
of KCiKwais by means of laying an information 
(tiaayyt A/a) before the chief archon, though some- 
times the accuser proceeded by means of a regular 
indictment (ypaupri), with an andxpio-ts before the 
archon. (Dem. c. I'antaemi. p. 980.) Those who 
accused persons guilty of KOKwais incurred no 
danger, as was usually the case, if the defendant 
was acquitted, and they did not obtain the fifth 
part of the votes of the dicasts. (Harpocr. s. v. 
EiVayycAi'a.) 

The punishment does not appear to have been 
fixed for the different coses of kokucti;, hut it was 
generally severe. Those found guilty of kokohtu 
yoveuv lost their civil rights (oti/ii'o), but were al- 
lowed to retain their property (obroi oti^ioi f)oav 
to aufiara, to 8e XPW" IT <* *lx ov i Andoc. lie 
Mytt. 36 ; Xcn. Mem. ii. 2. § 13) : but if the 
k&kwois consisted in beating their parents, the 
hands of the offenders might even be cut off. 
(Mcursius, Them. Attic, i. 2.) 

KAKOTECHNION DIKE (kokotwuv 
S'ikti), corresponds in some degree with an action 
for subornation of perjury. It might be instituted 
against a party to a previous suit, whose witnesses 
hud already been convicted of falsehood in an nction 
ii« <.'/•>.! iprvptuv. (Harpocr. ». r. ; Dem. c. /Jr. 
and Afnes. p. 1139. 11.) It has been also sur- 
mised that this proceeding was available against 
the same party, when persons hnd subscribed them- 
selves falsely as summoners in the declaration or 
indictment in a previous suit (Meier, Alt. f'rnc. 
p. 385) ; and if Plato's authority with respect to 
the terms of Attic law can be considered concili- 
um-, other 1:1-1 of rmispiniry nnd contrivance may 
have borne this title. (Piat. xi. p. 936, e.) 
Willi raped to the court into which these causes 



218 



CADUS. 



CAELATURA. 



were brought, and the advantages obtained by the 
successful party, we have no information. (Meier, 
Alt. Proc. pp. 45, 386.) [J. S. M. 

CADA'VER. [Funus.] 
CADISCI (ko&Iokoi). [Psephus.] 
CADU'CEUS (KTiputceiov, KripvKiov, Thucyd. 
.53 ; KripvK-h'iov, Herod, ix. 100) was the staff or 
mace carried by heralds and ambassadors in time 
of war. ( Pollux, viii. 138.) This name is also 
given to the staff with which Hermes or Mercury 
is usually represented, as is shown in the following 
figure of Hermes, taken from an ancient vase, 
which is given in Millin's Peintures de Vases An- 
tiques, vol. i. pi. 70. 

The caduceus was originally only an olive branch 
with the (TT4fi/j.ara which were afterward formed 
into snakes. (Miiller, Arclidohgie der Kunst, p. 
504.) Later mythologists invented tales about 




these snakes. Hyginus tells us that Mercury once 
found two snakes fighting, and divided them with 
his wand ; from which circumstance they were 
used as an emblem of peace. (Compare Plin. H. N. 
xxix. 3.) 

From caduceus was formed the word Caduceator i 
which signified a person sent to treat of peace. (Liv. 
xxxii. 32 ; Nep. Hannib. 1 1 ; Amm. Marc. xx. 7 ; 
GefJ. x. 27.) The persons of the Caduceatores 
were considered sacred. (Cato, ap. Fest. s. v. ; Cic. 
De Orat. ii. 46.) The Caduceus was not used by 
the Romans. They used instead verbena and 
sagmina, which were carried by the Fetiales. (Dig. 
i. tit. 8. s. 8.) [Fetiales.] 

CADU'CUM. [Bona Caduca.] 

CADUS (fcdSos, kixSSos), a large vessel usually 
made of earthen-ware, which was used for several 
purposes among the ancients. Wine was fre- 
quently kept in it ; and we learn from an author 
quoted by Pollux that the amphora was also called 
cadus (Pollux, x. 70, 71 ; Suidas, s. v. KdSos). 
The vessel used in drawing water from wells was 
called cadus (Aristoph. Eccles. 1003 ; Pollux, x. 
31), or yav\6s. (Suidas, s. v. Fav\6s.) The name 
of cadus was sometimes given to the vessel or urn 
in which the counters or pebbles of the dicasts were 
put, when they gave their vote on a trial, but the 



diminutive KaSi'oveos was more commonly used in 
this signification. [Psephus.] 

CAELATU'RA (ropeuTi/^), a branch oi 
the fine arts, under which all sorts of ornamental 
work in metal, except actual statues, appear to 
be included. The principal processes, which these 
words were used to designate, seem to have been 
of three kinds : hammering metal plates into 
moulds or dies, so as to bring out a raised pat- 
tern ; engraving the surface of metals with a sharp 
tool ; and working a pattern of one metal upon or 
into a surface of another: in short, the various 
processes which we describe by the words chasing, 
damascening, &c. Millingen, who is one of the 
best authorities on such subjects, says " The art of 
working the precious metals either separately, or 
uniting them with other substances, was called 
toreutice. It was known at a very early epoch, as 
may be inferred from the shield of Achilles, the 
ark of Cypselus, and other productions of the 
kind." There is, however, some doubt whether, 
in their original meaning, the words Topevrttcfi and 
caelaiura described the first or the second of the 
above processes : but both etymology and usage 
are in favour of the latter view. The word rupeico 
means originally to bore, to pierce by cutting, and 
the cognate substantives roptvs and rop6s are ap- 
plied to any pointed instrument, such as the tool 
of the engraver (TopewTrjs : see Seiler u. Jacobitz, 
Handworterbucli d. Griech. Sprache, s. vv.). So in 
Latin, caelo (to chase), and caelum (the chasing 
tool), are undoubtedly connected with caedo (to 
cut). It may also be observed that for working- 
metals by hammering other words are used, eA.au- 
veiv, o~tpvp-r)XaTtlv, iKKpoveiv, xaA/ceueip, eoccu- 
dere, and that works in metal made by hammer- 
ing plates into a raised pattern are called dva- 
yXvipa, and eKTvira [Anaglypha]. With regard 
to the usage of the terms, it is enough to remark, 
that a very large proportion of the ornamental 
works in metal, alluded to by the ancient writers, 
from Homer downwards, must have been executed 
by the process of engraving, and not of hammering. 
But, whichever process the terms may have been 
originally intended to designate, in practice both 
processes w#e frequently united. For all vessels 
made out of thin plates of metal, the process seems 
to have been first to beat out the plate into the 
raised pattern, and then to chase it with the 
graving tool. There is an example of this kind 
of work in the British Museum, noticed by Mil- 
lingen. 

Another question has been raised, whether 
ropevjiK-q and caelatura are precisely equivalent : 
but it is the opinion of the best writers on art 
that they are so, though Quatremere de Quincy and 
others suppose ropevriKTi to refer to any work in 
relief, and even to chryselephantine statues. (See 
Garatoni, in Cic. Verr. iv. 23 ; Salmas. Eocerc. ad 
Solin. p. 736, foil. ; Heyne, Antiquar. Au/satze, 
ii. p. 127.) Quintilian (ii. 21) expressly dis- 
tinguishes caelatura and sculptura by saying that 
the former includes works in gold, silver, bronze, 
and iron, while the latter embraces, besides these 
materials, also wood, ivory, marble, glass, and gems* 
It must therefore be understood as an accommo- 
dated use of the term when Pliny says of glass, — 
" argenti modo caelatur." (H. N. xxxvi. 26. s. 66.) 

The fact which is implied in the words just 
quoted, that silver was the chief material on 
which the caclator worked, is expressly stated by 



CAELATURA. 



CAELATURA. 



219 



Pliiiy, at the commencement of the passage which 
forms one of our chief authorities on the subject 
(//. A', xxxiii. 12. s. 55) ; where he mentions it 
as a remarkable fact that many had gained re- 
nown for chasing in silver, but none for chasing in 
gold : it is not however to be inferred that gold 
was not chased, for works in gold are frequently 
mentioned by other authors. From the same sec- 
tion, and from other authorities, we learn that 
works of this kind were also executed in bronze 
and iron (Quint /. c. ; Forcellini, s. v.). Two ex- 
amples of chasing in iron deserve especial notice, 
the one for its antiquity, the other for its beauty: 
the former is the iron base of the vase dedicated 
by Alvattes, king of Lydia, at Delphi, which was 
the work of Glaucus of Chios, and was chased 
with small figures of animals, insects, and plants 
(Herod. L 25 ; Paus. x. 16. § 1 ; Ath. v. p. 
210, b. c. ; Diet, of Iiiog. s. v. Glaucus) : the latter 
is the iron helmet of Alexander, the work of 
Theophilus, which glittered like silver (Plut. Alex. 
3'2) : Strabo, moreover, mentions the people of 
Cibyra, in Asia Minor, as noted for their skill in 
chasing iron (Strab. xiii. p. 631). 

The objects on which the caclator exercised his 
art were chiefly weapons and armour — especially 
shields, chariots, tripods, and other votive offerings, 
quoits, candelabra, thrones, curule chairs, mirrors, 
goblets, dishes, and all kinds of gold and silver 
plate. Anns were often ornamented with patterns 
in gold (ypairrk iv anKy l~/xp*""t {Corp. 
Inter, vol. L No. 124 ; scutum c/irysoffraphatum, 
Trt'bell. Claud. 14). Chased bronze helmets and 
greaves have been found at Pompeii and elsewhere. 
(Mus. liorb. iii. 60, iv. 13, v. 29 ; Bronstcd, die 
lironzen von Siris.) Chariots, especially those 
used in the chariot-races and triumphal process, 
were often made of bronze richly chased [CfR- 
RC's] : under the Roman emperors private carriages 
(currucae) were often covered with plates of chased 
bronze, silver, and even gold (Plin. //. .V. xxxiii. 1 1 . 
8. 49 ; Suet. (.laud. 16 ; Martial, ill 72 ; Lamprid. 
Alex. Sec. 43 ; Vopisc. Aurel. 46 ; Carruca). 
In candelabra, mirrors, and so forth, the remains 
of Etni9can art are very rich. An elaborate ac- 
count of ancient tripods is given in Muller's essay, 
Veher die Tripoden, in the Amalthea, vols. i. and 

iii. Respecting vessels of gold and silver plate, and 
other ornaments, among the numerous references 
of the ancient authors, those of Cicero (in Verr. 

iv. ), and Pliny (//. N. xxxiii. 11, 12. s. 50—54) 
arc among the most important and interesting. 

The ornamental work with which the chaser 
decorated such objects consisted cither of simple 
nming patterns, chiefly in imitation of plants and 
flowers, or of animals, or of mythological subjects, 
and, for armour, of battles. To the first class belong 
the lances filicatae, prtmpinatac, patinae hederatae, 
and dixi eorymbiati (Cic. c. ; Trcbell. Claud. 17): 
ornaments of the second class were common on the 
bronze and gold vases of Corinth (Ath. v. p. 199, e.) 
and on tripods (Amnllh. vol. iii. p. 2.1) ; and the 
mythological subjects, which were generally taken 
from Homer, were reserved for the works of the 
greatest masters of the art : they were generally 
executed in very high relief (annnh/jiha). In the 
finest works, the ornamental pattern was frequently 
distinct from the vessel, to which it was either 
fastened permanently, or so that it cmild be re- 
moved at pleasure, the vessel lieing of silver, mid 
the oniaineiiU of gold, crust n: mil • mUemata. (Cic 



in Verr. iv. 23 ; Juv. i. 76 ; MartiaL viii. 51 ; 
Ovid. Met. v. 81 ; Ath. v. p. 199 ; PaulLSenr. iii. 
6, 8 ; Senec. Ep. 5 ; comp. Chrysendeta). 

The art of ornamental metal-work was in an 
advanced stage of progress among the Greeks of the 
heroic period, as we see from numerous passages of 
Homer. In Italy, also, the Etruscans, as above 
stated, had early attained to great proficiency in it. 
In the time of the last dynasty of Lydian kings, a 
great impulse was given to the art, especially by 
their magnificent presents to the Delphian temple ; 
and belonging to this period, we have the names of 
Glaucus, as already mentioned, and of Theodoras of 
Samos, who made a great silver vessel for Croesus, 
the ring of Polycrates, and a golden vessel which 
afterwards adorned the palace of the Persian kings. 
But its perfection would of course depend on that of 
the arts of design in general, especially of sculpture ; 
and thus we can readily accept the statement of 
Pliny that its origin, in the high artistic sense, is to 
be ascribed to Pheidias, and its complete develop- 
ment to Polycleitus. (Plin.//. A'.xxxiv. 8. s. 1 9.§ 1, 
primusnue [Phidias] artem loreuticen apeniisse atque 
demonstrasse merilojudicatur : ibid. § 2, Hie (Po/y- 
cletus)...judicatur toreuticen sic erudisse, ut Phidias 
aperuisse). There can, indeed, be no doubt that 
the toreutic art was an important accessor}- to the 
arts of statuary and sculpture, especially in works 
executed in bronze and in ivory and gold. In fact, 
in the latter class of works, the parts executed in 
gold belonged properly to the department of the 
caclator : and hence has arisen the error of several 
modern writers who have made the chryselephan- 
tine statues a branch of the toreutic art. The in- 
timate connection of this art with statuary and 
sculpture is further shown by the fact that several 
of the great artists in these departments were also 
renowned as silver-chasers, such as Myron and 
Pasiteles. In the age of Pheidias, the most dis- 
tinguished name is that of Mys, who engraved the 
battle of the Lapithae with the Centaurs on the 
shield bf Pheidias 's colossal bronze statue of Athena 
Promachus in the Acropolis, and who is said to have 
worked from designs drawn by the hand of Par- 
rhasius ; but the latter point involves a chronological 
difficulty. (Sec Did. of Bi*g. s. vv. Mys, Prax- 
iteles.) In the period from the time of Pheidias 
to that of the Roman conquest of Greece, the fol- 
lowing names are preserved : Acragas, Bocthus, 
and Mentor, the most distinguished of all the artists 
in this department ; the sculptor Myron and his son 
Lycius ; after them, Calamis, Antipatcr ; and the 
maker of a work mentioned with especial admira- 
tion by Pliny, Stratonicus ; a little later, Tauriscus 
of Cyzicus, Ariston and Eunicus of Mytilene, and 
Hccatacus. The Greek kings of Syria, especially 
Antiochus Epiphancs, were great patrons of the art. 
(Ath. v. p. 298, d.) In the last age of the Ro- 
man Republic, the prevailing wealth and luxury, 
and the presence of Greek artists at Rome, com- 
bined to bring the art more than ever into requi- 
sition. Silver-chasers seem to have been regularly 
employed in the establishments of the great nu n 
of Rome ; and Pliny mentions, as belonging to till- 
age of Pompcy the Great, Pasiteles, Posidonius of 
Ephcsus, Lcostrntidct, Zopyrus, Pythons, and 
lastly Twicer. After this period, the art suddenly 
fell into disuse, so that, in the time of Plinv, chased 
vessels were valued only for their age, though the 
chasing wni so worn down by use that even tho 
figures could not be distinguished. (//. S. xxxiii. 



220 



CALATHUS. 



CALCEUS. 



12. s. 55, xxxiv. 8. s. 19 ; see the articles on the 
artists above mentioned in the Dictionary of 
Biography.) 

The principal ancient writers on this art, whose 
works Pliny used, were Antigonus, Menaechmus, 
Xenocrates, Duris, Menander, and especially 
Pasiteles, who wrote mirahilia opera. (Plin. //. N. 
Elench. lib. xxxiii.) The most important modern 
works on the subject are the following : Winckel- 
mann, Werke, passim ; Millingen, Unedited Monu- 
ments, ii. 12 ; Veltheim, Etwas uber Memnon's 
Bilds'dule, Nero's Smaragd, Toreutik, &c. ; Quatre- 
mere de Quincy, Le Jupiter Olympien ; Welcker, 
Zeitsch. f. Gesch. u. Ausleg. d. alt. Kunst, vol. i. 
part 2. p. 280 ; Hirt, Ueber das Material, die 
Technik, &c, in the Amalihea, vol. i. p. 239. 
foil. ; Muller, Handb. d. Archdologie der Kunst, 
§311) [P.S.] 

CAELIBA'TUS. [Aes Uxorium ; Lex 
Julia et Papia Poppaea.] 

CAERITUM TA'BULAE. [Aebarii.] 

CAESAR, a title of the Roman emperors, was 
originally a family name of the Julia gens ; it was 
assumed by Octavianus as the adopted son of the 
great dictator, C.Julius Caesar, and was by him 
handed down to his adopted son Tiberius. It con- 
tinued to be used by Caligula, Claudius, and Nero, 
as members either by adoption or female descent of 
Caesar's family ; but though the family became 
extinct with Nero, succeeding emperors still retained 
the name as part of their titles, and it was the 
practice to prefix it to their own names, as for in- 
stance, Imperator Caesar Domitianus Augustus. 
When Hadrian adopted Aelius Varus, he allowed 
the latter to take the title of Caesar ; and from this 
time, though the title of Augustus continued to be 
confined to the reigning emperor, that of Caesar 
was also granted the second person in the state 
and the heir presumptive to the throne. (Eckhcl, 
vol. viii. p. 367, &c.) [Augustus.] 

CALAMISTRUM, an instrument made of iron, 
and hollow like a reed {calamus), used for curling 
the hair. For this purpose it was heated, the per- 
son who performed the office of heating it in wood- 
ashes {cinis) being called cinifio, or cinerarius. (Hor. 
Sat. i. 2. 98 ; Heindorf, ad loc.) This use of heated 
irons was adopted very early among the Romans 
(Plaut. Asin. iii. 3. 37), and became as common 
among them as it has been in modern times. (Virg. 
Aen. xii. 100.) In the age of Cicero, who frequently 
alludes to it, the Roman youths, as well as the 
matrons, often appeared with their hair curled in 
this manner (calamistrati). We see the result in 
many antique statues and busts. [J. Y.] 

CA'LAMUS (Ka\afj.os, Polblx, x. 15), a sort 
of reed which the ancients used as a pen for writing. 
(Cic. ad Att. vL 8 ; Hor. De Art. Pott. 447.) The 
best sorts were got from Aegypt and Cnidus. (Plin. 
//. N. xvi. 36, 64.) So Martial (xiv. 38), " Dat 
chartis habiles calamos Memphitica tellus." When 
the reed became blunt, it was sharpened with a 
knife, scalprvm librarium (Tac. Ann. v. 8 ; Suet. 
Vitell. 2) ; and to a reed so sharpened the epithet 
temperatus, used by Cicero, probably refers (Cic. 
Ad Qu. F. ii. 15, " calamo et atramento temperato 
res agetur "). One of the inkstands given under the 
article Atramentum has a calamus upon it. The 
calamus was split like our pens, and hence Ausonius 
(vii. 49) calls it fissipcs or clovenfooted. [A. A.] 

CALA'NTICA. [Coma.] 

CA'LATHUS, dim. CALATHISCUS (*a\a- 



6us, Ka\a6iffKos), also called rd\apos usually sig- 
nified the basket in which women placed their 
work, and especially the materials for spinning. 
Thus, Pollux (x. 125) speaks of both rd\apos and 
KaXaBos as rrjs ywaLKaviridos ffnevri : and in an- 
other passage (vii. 29), he names them in connec- 
tion with spinning, and says that the raAapos and 
KaXaQitTKos were the same. These baskets were 
made of osiers or reeds ; whence we read in Pollux 
(vii. 173) irX&Ktiv TaXdpous Kal KaAaBlvKous, and 
in Catullus (lxiv. 319) — 

" Ante pedes autem candentis mollia lanae 
Vellera virgati custodiebant calathisci." 

They appear, however, to have been made in earlier 
times of more valuable materials, since we read in 
Homer (Od. iv. 125) of a silver TaAapos. They 
frequently occur in paintings on vases, and often 
indicate, as Bb'ttiger ( Vasengem. iii. 44) has re- 
marked, that the scene represented takes place in 
the gynaeconitis, or women's apartments. In the 
following woodcut, taken from a painting on a vase 
(Millin, Peintures de Vases Antiques, vol. i. pi. 4), 
a slave, belonging to the class called quasillariae, is 
presenting her mistress with the calathus, in which 
the wool was kept for embroidery, &c. 




Baskets of this kind were also used for other pur- 
poses (Bbttiger, Sabina, vol. ii. pp. 252, 258), such 
as for carrying fruits, flowers, &c. (Ovid. Art. Am. 
ii. 264.) The name of calathi was also given to 
cups for holding wine (Virg. Eel. v. 71). 

Calathus was properly a Greek word, though 
used by the Latin writers. The Latin word cor- 
responding to it was qualus (Hor. Carm. iii. 12. 
4), orquasillus (Festus s. Calathus ; Cic. Philipp. iii. 
4 ; Prop. iv. 7. 37). From quasillus came quasillaria, 
the name of the slave who spun, and who was con- 
sidered the meanest of the female slaves. (Petron. 
132 ; Tibull. iv. 10. 3.) [Fusus ; Tela.] 

CALCAR (nianp, iyKtvTpis, Pollux, x. 12), a 
spur. The Greek name for spurs was taken from 
the flies, which infest horses with their stings : hence 
the verb /J.vu7rt(eiv, to spur. (Xen. de Re Eq. viii. 5, 
x. 1, 2 ; Heliodor. ix. p. 432, ed. Commelin.) The 
Athenian gentry sometimes showed their conceit 
by walking about the Agora in spurs after riding 
(Theophrast. Char, xxi.) Spurs were early used 
by the Romans, as appears from the mention of 
them in Plautus {Asin. iii. 3. 118) and Lucretius (v. 
1074). They are likewise often alluded to by Cicero 
{De Oral. iii. 9, ad Att. vi. 1), Ovid (De Ponto, ii. 
9. 38 ; iv. 2. 35), Virgil {/errata calce, Aen. xi. 
714), and subsequent Roman authors. [J. Y.] 

CA'LCEUS, CALCEAMEN, CALCEA- 
MENTUM {v-Kob'riim, ireh'iXov), a shoe or boot, 



CALCEUS. 



CALCEUS. 



221 



any thing adapted to cover and preserve the feet in 
walking. The use of shoes was by no means uni- 
versal among the Greeks and Romans. The 
Homeric heroes are represented without shoes 
when armed for battle. According to the institu- 
tions of Lycurgus, the young Spartan3 were brought 
up without wearing shoes (avtmooricria, Xen. Hep. 
Lac. 2), in order that they misht have the full use 
of their feet in running, leaping, and climbing. 
Socrates, Phocion, and Cato frequently went bare- 
foot (avinroHirTos, Aristoph. Nub. 103, 362 ; Xen. 
Mem. i. 6. §2, pede nudo, Hor. Ep. i. 19. 12). 
The Roman slaves had no shoes (nudo tu/o, Juv. 
vii. 16), their naked feet being marked with chalk 
or gypsum. The covering of the feet was removed 
before reclining at meals. [Coexa.] To go bare- 
foot also indicated haste, grief, distraction of mind, 
or any violent emotion, as when Venus goes in 
quest of Adonis (curdvSaAos, Bion. i. 21), and when 
the Vestals flee from Rome with the apparatus of 
sacred utensils. (Flor. L 13.) For similar reasons 
sorceresses go with naked feet, when intent upon 
the exercise of magical arts (Sen. Medea, iv. 2. 1 4 ; 
nuda pedem, Ovid. Met. vii. 183 ; pedibus nudis, 
Hor. Hat. i. 8. 24), although sometimes one foot 
only was unshod (unum exuta pedem vinclis, Virg. 
Aen. iv. 518), and is so painted on fictile vases. 
That it was a very rare thing at Rome to see a 
respectable female out of doors without shoes, is 
clear from the astonishment experienced by Ovid 
(Fast. vi. 397), until he was informed of the reason 
of it, in a particular instance. 

"Hue pedc matronam vidi dcsccndcre nudo: 
Obstupui tacitus, sustinuique gradum." 

The feet were sometimes bare in attendance on 
funerals. Thus the remains of Augustus were col- 
lected from the pyra by noblemen of the first rank 
with naked feet (Suet. Aug. 100.) A picture 
found at Herculaneum exhibits persons with naked 
feet engaged in the worship of Isis (Ant. d'Ercol. 
ii. 320) ; and this practice was observed at Rome 
in honour of Cybcle (Prudent Peris. 154). In 
case of drought, a procession and ceremonies, called 
NudipedaJia, were performed with a view to pro- 
pitiate the gods by the same token of grief and 
humiliation. (Tcrtull. Apol. 40.) 

The idea of the defilement arising from contact 
with any thing that had died, led to the entire dis- 
use of skin or leather by the priests of Egypt. 
Their shoes were made of vegetable materials 
(calceos ex papt/ro. Mart. Cap. 2.) [Baxa.] 

Those of the Greeks and Romans who wore 
shoes, including generally all persons except youths, 
slaves, and ascetics, consulted their convenience, 
and indulged their fancy, by inventing the greatest 
possible variety in the forms, colours, and materials 
of their shoes. Hence we find a multitude of 
names, the exact meaning of which it is impossible 
to ascertain ; but which were often derived cither 
from the persons who were supposed to have 
brought certain kinds of shoes into fashion, or from 
the places where they were procured. Wo read, 
W example, »f u shoes of Alcibiadcs ;" of " Sicyo- 
nian," nnd " Persian," which were Indies' shoes 
(Cic. I)r. Oral. i. 54 ; Ilesych.) ; of " Laconian," 
which were mens' shoes (Aristoph. Tlirt. 149) ; and 
of 14 Cretan," " Milesian," nnd " Athenian " shoes. 

The distinctions depending upon form may !"• 
generally divided into those in win: h the m r s ! 
of a shoe was attached to the sole of the foot by 



ties or bands, or by a covering for the toes or the 
instep [Solea ; Crepida ; Saxdalium ; Sele- 
ct's] ; and those which ascended higher and higher, 
according as they covered the ankles, the calf, or 
the whole of the leg. To calceamcnta of the latter 
kind, t. e. to shoes and boots as distinguished from 
sandals and slippers, the term " calceus " was ap- 
plied in its proper and restricted sense. 

Besides the difference in the intervals to which 
the calceus extended from the sole upwards to the 
knee, other varieties arose from its adaptation to 
particular professions or modes of life. Thus the 
caiig a was principally worn by soldiers ; the pero, 
by labourers and rustics ; and the cothurnus, by 
tragedians, hunters, and horsemen. 

Understanding " calceus " in its more confined 
application, it included all those more complete 
coverings for the feet which wer.? used in walking 
out of doors or in travelling. As most commonly 
worn, these probably did not much differ from our 
shoes, and are exemplified in a painting at Hercu- 
laneum (Ant. d'Ercolano, i. Too. 21), which repre- 
sents a female wearing bracelets, a wreath of ivy, 
and a panther's skin, while she is in the attitude of 
dancing and playing on the cymbals. 




On the other hand, a marble foot in the British 
Museum exhibits the form of a man's shoe. Both 
the sole and the upper leather are thick and strong. 
The toes are uncovered, and a thonjr passes between 
the great and the second toe as in a sandal. 




222 CALENDARIUM. 



CALENDARIUM. 



The form and colour of the calceus were also 
among the insignia of rank and office. Those who 
were elevated to the senate wore high shoes like 
buskins, fastened in front with four black thongs 
(nigris pellibus, Hor. Sat. i. 6, 27) and adorned 
■with a small crescent. (Mart. ii. 29 ; Juv; vii. 
192.) Hence Cicero (Phil. xiii. 13), speaking of 
the assumption of the senatorial dignity by Asinius, 
says mutavit calceos. Among the calcei^jvorn by 
senators, those called mullei, from their resemblance 
to the scales of the red mullet (Isid. Or. xix. 14), 
were particularly admired ; as well as others called 
alutae, because the leather was softened by the 
use of alum. ( Mart. Juv. II. cc. ; Lydus, de Mag. 
l, 32 ; Ovid, De Art. Am. iii. 271.) [J. Y.] 

CALCULA'TOR (Ao-yiarris) signifies a keeper 
of accounts in general, but was also used in the 
signification of a teacher of arithmetic ; whence 
Martial (x. 62) classes him with the notarius or 
writing-master. The name was derived from cal- 
culi, which were commonly used in teaching arith- 
metic, and also in reckoning in general. [Abacus.] 
Among the Greeks the Koycrni]s and ypan/j-aTio-TTis 
appear to have been usually the same person. 

In Roman families of importance there was a 
calculator or account-keeper (Dig. 38. tit. 1. s. 7), 
who is, however, more frequently called by the 
name of dispensator or procurator, who was a kind 
of steward (Cic. ad Att. xi. 1 ; Plin. Ep. iii. 19 ; 
Suet. Galb. 12, Vesp. 22 ; Becker, Gallus, vol. i. 
p. 109.) 

CA'LCULI were little stones or pebbles, used 
for various purposes ; such, for example, as the 
Athenians used in voting, or such as Demosthenes 
put in his mouth when declaiming, in order to 
mend his pronunciation. (Cic. De Orat. i. 61.) 
Calculi were used in playing a sort of draughts. 
[Latrunculi.] Subsequently, instead of pebbles, 
ivory, or silver, or gold, or other men (as we call 
them) were used ; but still called calculi. The 
calculi were bicolores. (Sidon. Epist. viii. 12; 
Ovid. Trist. ii. 477 ; Mart. Epig. xiv. 17. 2, xiv. 
20.) Calculi were also used in reckoning, and 
hence the phrases calculum ponere (Colum. iii. 3), 
calculum subducere. (Cic. De Fin. ii. 19, &c.) 
[Abacus.] [A. A.] 

CALDA. [Cauda.] 

CALDA'RIUM. [Balneae.] 

CALENDA'RIUM, or rather KALENDA'- 
RIUM, is the account-book, in which creditors 
entered the names of their debtors and the sums 
which they owed. As the interest on borrowed 
money was due on the Calendae of each month, 
the name of Calendarium was given to such a book. 
(Senec. De Bencf. i. 2, vii. 10.) The word was 
subsequently used to indicate a register of the 
days, weeks, and months, thus corresponding to a 
modern almanac or calendar. 

1. Greek Calendaf. — In the earliest times 
the division of the year into its various seasons 
appears to have been very simple and rude, and 
it would seem that there was no other divi- 
sion except that of summer (Se'pos) and winter 
(Xtijx&v). To these strongly marked periods there 
were afterwards added the periods of transi- 
tion, viz. spring (ia-p) and autumn (birupa), with 
certain subdivisions according to the different agri- 
cultural pursuits peculiar to each of them. As, 
however, the seasons of the year were of great 
importance in regard to agriculture, it became 
necessary to fix their beginning and end by con- 



necting them with the rising or setting of certain 
stars. Thus Hesiod (Op. et Dies, 381) describes 
the time of the rising of the Pleiades as the time 
for harvesting (fyurros), and that of their setting 
as the time for ploughing (apoTos) ; the time at 
which Arcturus rose in the morning twilight as the 
proper season for the vintage (I. c. 607), and other 
phenomena in nature, such as the arrival of birds 
of passage, the blossoming of certain plants, and the 
like, indicated the proper seasons for other agri- 
cultural occupations ; but although they may have 
continued to be observed for centuries by simple 
rustics, they never acquired any importance in the 
scientific division of the year. [Astronomia.] 

The moon being that heavenly body whose 
phases are most easily observed, formed the basis 
of the Greek calendar, and all the religious festi- 
vals were dependent on it. The Greek year was 
a lunar year of twelve months, but at the same 
time the course of the sun also was taken into 
consideration, and the combination of the two 
(Gemin. Isag. 6 ; comp. Censorin. De Die Nat. 18 ; 
Cic. in Verr. ii. 52) involved the Greeks in great 
difficulties which rendered it almost impossible for 
them to place their chronology on' a sure founda- 
tion. It seems that in the early times it was be- 
lieved that 12 revolutions of the moon took place 
within one of the sun ; a calculation which was 
tolerably correct, and with which people were satis- 
fied. The time during which the moon revolved 
around her axis, was calculated at an average or 
round number of 30 days, which period was called 
a month (Gemin. I. c.) ; but even as early as the 
time of Solon, it was well known that a lunar 
month did not contain 30 days, but only 29^. The 
error contained in this calculation could not long 
remain unobserved, and attempts were made to 
correct it. The principal one was that of creating 
a cycle of two years, called Tpierripls, or annus 
magnus, and containing 25 months, one of the two 
years, consisting of 12 and the other of 13 months. 
The months themselves, which in the time of 
Hesiod (Op. et Dies, 770) had been reckoned at 
30 days, afterwards alternately contained 30 days 
(full months, irA-^peis) and 29 days (hollow months, 
koiAoi.) According to this arrangement, one year 
of the cycle contained 354, and the other 384 days, 
and the two together were about 1\ days more 
than two tropical or solar years. (Gemin. 6 ; 
Censorin. 18). When this mode of reckoning was 
introduced, is unknown ; but as Herodotus (i. 32) 
mentions it, it is clear that it must have been before 
his time. The 7g days, in the course of 4 years, 
made up a month of 30 days, and such a month 
was accordingly inserted in every fourth year, and 
the cycle of four years was called a TvtvratTripis. 
(Censorin. I. c.) But a far more important cycle 
was the ivveaerypis, or the cycle of 8 years, for 
it was practically applied by the Greeks to the 
affairs of ordinary life. The calculation was this : 
as the solar year is reckoned at 3655- days, 8 
such years contain 2922 days, and eight lunar 
years 2832 days ; that is, 90 days less than 8 
solar years. Now these 90 days were constituted 
as three months, and inserted as three intercalary 
months into three different years of the ivveaerripis, 
that is, into the third, fifth, and eighth. (Censorin. ; 
Gemin. II. cc.) It should, however, be observed 
that Macrobius (Sat. i. 13) and Solinus (Polylrist. 
iii.) state that the three intercalary months were 
all added to the last year of the enneacteris, which 



CALENDAPJUM. 

would accordingly have contained 444 days. But 
this is not very probable. The period of 8 solar 
rears, farther, contains 99 revolutions of the 
moon, which, with the addition of the three inter- 
calary months, make 2923^ days ; so that in every 
8 years there is lj day too many, which in 
the course of 100 years, again amounts to one 
month. The enneaeteris, accordingly, again was 
incorrect The time at which the cycle of the en- 
neaeteris was introduced is uncertain, but its inac- 
curacy called forth a number of other improvements 
or attempts at establishing chronology on a sound 
basis, the most celebrated among which is that of 
Meton. The number of these attempts is a suf- 
ficient proof that none of them was ever sanctioned 
or adopted by law in any of the Greek republics. 
These circumstances render it almost impossible to 
reduce any given date in Greek history to the exact 
date of our calendar. 

The Greeks, as early a3 the time of Homer, ap- 
pear to have been perfectly familiar with the divi- 
sion of the year into the twelve lunar months 
mentioned above ; but no intercalary month (/ujv 
f/j.§/i\iiios) or day is mentioned. Independent of 
the division of a month into days, it was divided 
into periods according to the increase, and decrease 
of the moon. Thus, the first day or new moon was 
called vmwnvia. (Horn. Od. x. 1 4, .xii. 325, xx. 
156, xxL 258; lies. Op. el Dies, 770.) The 
period from the vovfiriv'ia until the moon was full, 
was expressed by /iTjvbs l<nap.ivov, and the latter 
part during which the moon decreased by taivbs 
<pOivovrot. (Horn. Od. xiv. 162.) The 30th day 
of a month, i.e. the day of the conjunction, was 
called rpitueis, or, according to a regulation of 
Solon (Pint Sol. 25), tvi\ koi via, because one 
part of tbat day belonged to the expiring, and the 
other to the beginning month. The day of the 
full moon, or the middle of the month, is some- 
times designated by Sixo/t^m. (Pind. 01. iv. 



CALENDARIUM. 223 

The month in which the year began, as well 
as the names of the months, differed in the dif- 
ferent countries of Greece, and in some parts even 
no names existed for the months, they being dis- 
tinguished only numerically, as the first, second, 
third, fourth month, Slc. In order, therefore, to 
acquire any satisfactory knowledge of the Greek 
calendar, the different states must be considered 
separately. 

The Attic year began with the summer solstice, 
and each month was divided into three decads, from 
the 1st to the 10th, from tho 10th to the 20th, and 
from the 20th to the 29th or 30th. The first day 
of a month, or the day after the conjunction, was 
j/ou/i7)ci'o ; and as the first decad was designated as 
IcrTafieyou p.i)v6s, the davs were regularly counted 
as Ofirepa, TpWt], reraprri, &c, fiyvbs UrrafLe- 
vov. The days of the second decad were dis- 
tinguished as eVl Be'/ca, or fietrovvros, and were 
counted to 20 regularly, as irpiirrj, Sevripa, TpiVr;, 
T€TTapT7j, &c, M Sixa. The 20th itself was 
called eiKas, and the days from the 20th to the 
30th were counted in two different ways, viz. 
either onwards, as Trpdr-r], Sevripa, Tp'nr], &c, 
(n\ fiKaSi, or backwards from the last day of the 
month with the addition of <p8ivovros, iravonivov, 
Kriyovros, or awlovros, as ivvirri, 0€KaT7j, &c, 
tpBlvovroi, which, of course, arc different dates in 
hollow and in full months. But this mode of count- 
ing backwards seems to have been more commonly 
used than the other. With regard to the hollow 
months, it must be observed, that the Athenians, 
generally speaking, counted 29 days, but in the 
month of Bocdromion they counted 30, leaving 
out the second, because on that day Athena and 
Poseidon were believed to have disputed about the 
possession of Attica. (Plut. De Frat. Am. p. 489, 
S'fmpos. ix. 7.) The following table shows the 
succession of the Attic months, the number of days 
they contained, and the corresponding months of 
our year. 



— 29 






August. 


— 30 






September 


— 29 






October 


— 30 






November 


— 29 






December. 


— 30 






January 


— 29 






February. 


— 30 






March. 


— 29 






April. 


— 30 






May. 


— 29 






June. 



34.) 

1. Hccatombacon ('EKaro/iSai^v) contained 30 days, and corresponds nearly to our July 

2. Metagcitnion {VLerar/tmn&v) 

3. llocdromion (BoTiSpofiitiiv) 

4. Pyancpsion (Tlvavt^iiv) 

5. Maimactcriori (MaifioKTepuiv) 

6. Poseidcon (Uoat&ttiv) 

7. Gamelion (ra/iijAiwv) 

8. Anthcsterion ['KvOtartpuLv) 

9. Klnphcbolion {'E\aipriGoKtwv) 

10. Munychion (Movvvx'uv) 

11. Thargelion (dapyriKiwv) 

12. Scirophorion (?.Kipo<popidiv) 
At the time when the Julian Calendar was 

adopted by the Athenians, probably about the 
time of the Emperor Hadrian, the lunar year ap- 
MUI to have been changed into the solar year ; and 
it has further been conjectured, that the beginning 

1. Beanoi ('Hp^Tioi), 

2. Apellaeus ('Awf AAaios) 

3. Dinsthyus (&i6aBvot) 
■\. Unknown. 

5. Elmisiniiu ('E\( valvwi) — — February. 

6. (lerastius (rcp&ortos) — — March. 

7. Artomisius ('Aprf^iViot) — — April. 

8. Delphinius (A»A<pbvioj) — — May. 

9. I'hliaains (♦Aiifioi) — — June. 

10. Ileratnnibi'iis ('F.KaTonGtif) — — July. 

11. Canieiiis (Kapwios) — — August 

12. Ptauumu (ndvanut) — 1 — September! 



of the year was transferred from the summer sol- 
stice to the autumnal equinox. 

The year of the I-icedaemonians, which is be- 
lieved to have begun at the time of the autumnal 
equinox, contained the following months : — 
nearly corresponding to our October. 

— — Noveml>cr. 

— — December. 



224 CALENDARIUM. 

It should be observed that the order of most of 
these months is merely conjectural, and of some it 
is not even certain as to whether they really were 
Lacedaemonian months. But here, as in the other 
lists, we follow Hermann's view, which he has 

1. Bucatius (BovKarios), 

2. Hermaeus ('Epfia7os) 

3. Prostaterius (Upoa-Tarrjpws) 

4. Unknown. 

5. Theiluthius (06iA.oi)0ios) 

6. Unknown. 

7. Unknown. 

8. Hippodromius ('linruSp6p.ws) 

9. Panamus (Udva/xos) 

10. Unknown. 

11. Damatrius (Aa/xdrpios) 

12. Alalcomenius ('AA.aA.Ko/ieVios) 



CALENDARIUM. 

fully explained in the work referred to at the end 
of this article. 

Of the year of the Boeotians, which began at 
the winter solstice, the following months are 
known : — 

nearly corresponds to our January. 

— — February. 

— — March. 

— — May. 



August. 
September. 

November. 
December. 



The months of the year at Delphi were — 

1. Bucatius (Bovkixtios), nearly answers to our September, 

2. Heraeus ('Hpaios) 



3. Apellaeus (' AireAAaTos) 

4. Unknown. 

5. Dadaphorius (Aa8a<j>6pios) 

6. Poetropius (TioiTp6wtos) 

7. Bysius (Bvo'ios) 

8. Artemisius ('Apre/iiVios) 

9. Hcraclehis ('HpajcAeios) 

10. Boathous (Boaddos) 

11. Ilaeus ('IAaibs) 

12. Theoxenius (0eo|eV(os) 



October. 
November. 



— — January. 

— — February. 

— — March. 

— — April. 
— May. 

— — June. 

— — July. 

— — August. 

The names of the months at Cyzicus are given I founded only on a conjecture, and the last may be 
in the following order, though the first of them is | either the 10th, 11th, or 12th : — 
1. Boedromion {BoriZpofiiwv), nearly answers to our October. 



2. Cyanepsion {Kvavetyiwv) 

3. Apaturion (^AiraTovpitLv) 

4. Poseideon (TloaeiZt&v) 

5. Lenaeon (ArjraiaV) 

6. Anthesterion AvdetTT7ipi<l>v) 

7. Artemision ApT^ixitniiv) 

8. Calamaeon {KaKa^aiiLv) 

9. Panemus (Tldv-qixos) 
10. Taureon (Tavpsdv) 

1 1 and 12. are unknown. 



November. 
December. 
January. 
February. 
March. 
April. 
May. 
June. 
July. 



Among the Sicilian months the following are known : — 

1. Thesmophorius (@f<Tfio<p6ptos), probably answers to our October. 

2. Dalius (AaAios) 



3. Unknown. 

4. Agrianius ('AypiriVios) 

5. Unknown. 

6. Theudasius (©euSairioj) 

7. Artamitius ('Apra/ii'i-ios) 

8. Unknown. 

9. Badromius (BaSp6/j.tos) 

10. Hyacinthius ('ToKiVeios) 

11. Carneius (Kapyelbs) 

12. Panamus (Udvaixos) 

We further know the names of several isolated 
months of other Greek states ; but as it is as yet 
impossible to determine what place they occupied 
in the calendar, and with which of our months 
they correspond, their enumeration here would be 
of little or no use. We shall therefore confine 
ourselves to giving some account of the Macedonian 
months, and of some of the Asiatic cities and 
islands, which are better known. 

On the whole it appears that the Macedonian 
year agreed with that of the Greeks, and that ac- 



— — November. 

— — January. 

— — March. 

— — April. 

— — June. 

— — July. 

— — August. 

— — September. 

cordingly it was a lunar year of twelve months," 
since we find that Macedonian months are described 
as coincident with those of the Athenians. (See 
a letter of King Philip in Demosth. De Coron. 
p. 280 ; Plut. Camil. 19, Alex. 3, 16.) All chro- 
nologers agree as to the order and succession of 
the Macedonian months ; but we are altogether 
ignorant as to the name and place of the intercalary 
month, which must ha e existed in the Macedonian 
year as well as in that of the Greek states. The 
order is as follows : — 1. Dins (A?os), 2. Apellaeus 



CALENDARIUM. 

('AtcXAoTos), 3. Audynaeus (AiSucoTos), 4. Peri- 
tius (ncpiTioj), 5. Dystnis (AticTTpos), 6. Xan- 
thicu3 (ZavBtKiis), 7. Artemisius ('Aprefilaios), 
8. Daesius (AoiVios), 9. Panemus (najTjfws), 
10. Lous (A.wos), 11. Gorpiaeus (ropiriaios), 12. 
Hyperberetaeus ('TirepgepeTcuos). The difficulty- 
is to identify the Macedonian months with those 
of the Athenians. From Plutarch (Camil. 19, 
comp. with Alex. 16) we learn that the Macedonian 
Daesius was identical with the Athenian Tharge- 
lion ; but while, according to Philip, the Mace- 
donian Lous was the same as the Athenian 
Boedromion, Plutarch (Alex. 3) identifies the 
Lous with the Attic Hccatombaeon. This dis- 
crepancy has given rise to various conjectures, some 
supposing that between the time of Philip and 
Plutarch a transposition of the names of the months 
had taken place, and others that Plutarch made a 



CALEXDARIUM. 



225 



mistake in identifying the Lou3 with the Heca- 
tombaeon. But no satisfactory solution of the 
difficulty has yet been offered. We know that 
the Macedonian year began with the month of 
Dius, commencing with the autumnal equinox. 
When Alexander conquered Asia, the Macedonian 
calendar was spread over many parts of Asia, 
though it underwent various modifications in the 
different countries in which it was adopted. When 
subsequently the Asiatics adopted the Julian Ca- 
lendar, those modifications also exercised their in- 
fluence and produced differences in the names of 
the months, although, generally speaking, the solar 
year of the Asiatics began with the autumnal 
equinox. During the time of the Roman emperors, 
the following calendars occur in the province of 
Asia : — 



1. Caesarius (Kcuaapios) 

2. Tiberius (Ttgtpios) 

3. Apaturius ('AiroToupios) 

4. Posidaon (ITo<ri5o»»') 

5. Lenaeus (Arivaiot) 

6. Hierosebastus (Upo<reGa(TToi) 

7. Artomisius ('Aprf/u'irioj) 

8. Evangelius (EiiayytAiot) 

9. Stratonicus (2tjxitoV<icos) 

10. Hccatombaeus ('E«aT<i/i§oiOi) 

11. Anteus ('AiTfoj) 

12. Laodicius (AooSikius) 



had 30 days, and began on the 24th of September. 



31 — 




24th of October. 


31 — 




24th of November. 


30 — 




25th of December. 


29 — 




24th of January. 


30 — 




22d of February. 


31 — 




24th of March. 


30 — 




24th of April. 


31 — 




24th of May. 


31 — 




24th of June. 


31 — 




25th of July. 


30 — 




25th of August. 


find the following 


months 





1 — 4. Unknown. 

5. Apaturcon ('A-irarovpfiiv), nearly answers to our November. 



6. Poscideon (Tloanifuv) 

7. Lcnacon (A-qvaiuv) 

8. Unknown. 

9. Artcmision ('ApTf/ii<riai/) 
10. Calamaeon ( KoAa^aiiic) 
11 — 12. Unknown. 



December. 
January. 

March. 
April. 



At a later time the Ephcsians adopted the same I with the month of Dius on the 24th of Sop- 
names as the Macedonians, and began their year | tembcr. 

The following is a list of the Bithynian months : — 

1. Hcracus ('Hpoloi), 

2. Hermaeus ("Ep/«uos) 

3. Metrous (Mrrrpfot) 

4. Dionysius ( Aioyvaios) 

5. Hcraclcius ('H/x£kA«ioi) 

6. Dius ( AToi) 

7. Bendidacus (BtvSiXaios) 

8. Strateius (Zrpirnof) 
'.). Periepius (Tltpitxios) 

10. Arcius ('Aptioj) 

11. Aphrodisius ("AippoSlirios) 

12. Demetrius (A7)^Tpioi) 

The following system was adopted by the Cyprians : — 

1. Aphrodisiuj ('A<f>poJi'<rcoi), contained 31 days, and began on the 

2. Apogonicus (' A*tryoviK&i) 



contained 


31 days 


and began 


on the 23rd of September. 




30 




24th of October. 




31 




23rd of November. 




31 




24 th of December. 




28 




24 th of January. 




31 




21st of February. 




30 




24th of March. 




31 




23rd of April. 




30 




24th of May. 




31 




23rd of June. 




30 




24th of July. 




31 




23rd of August. 



3. Aenicus (AiWo's) 

4. Julius ('loiAiof) 
fi. Caesarius (Kai<r<£pioj) 

6. Sebastus (2t€ain6t) 

7. Autocratoricus (AlrroKpaTopiKii) 

8. Deniarchexusius (&T)napx*iouoios) 

9. Plethypatni ( n\i)0vwaToi) 

10. Anhirrcus ('Apx"p*it) 

1 1. Efthiui ('E<t0ioi) 

12. Romaenj (Pwp.tuo%) 



30 
31 
31 
28 
30 
31 
31 
30 
31 
30 
31 



23rd of 
21th of 
28rd of 
24th of 
21th of 
2Ut of 
23rd of 
2.'(rd of 
21th of 
28rd of 
24th of 
23rd of 



September. 
( (rtober. 

November. 
Decern her. 
January. 
February. 
March. 
April. 
May. 
June. 
July. 
August. 



226 



CALENDAR! UM. 



CALENDARIUM. 



The system of the Cretans was the same as that used by most of the inhabitants of Asia Minor, 



1. Thesmophorion (@eff/j.o(popiiiv), contained 31 

2. Hermaeus ("Ep/Jtaios) - — 30 

3. Eiman (Efyav) — 31 

4. Metarchius (Merdpxios) — 31 

5. Agyius ("Ayvios) — 28 

6. Dioscurus (AiSmovpos) — 31 

7. Theodosius (QeoSSaios) — 30 

8. Pontus (ndVi-oi) — 31 

9. Rhabinthius (PaS'tveios) — 30 

10. Hyperberetus ('Tirepgeperos) — 31 

1 1. Necysius (Neicucrios) • — 30 

12. Basilius (Ba<ri\ios) — 31 



It should be observed that several of the Eastern 
nations, for the purpose of preventing confusion in 
their calculations with other nations, dropped the 
names of their months, and merely counted the 
months, as the first, second, third, &c. month. 
For further information see Corsini, Fast. Ati., 
which however is very imperfect ; Ideler, Hand- 
buck der Mathem, u. tec/intsc/ten Chronol. vol. i. p. 
227, &c. ; Clinton, Fast. Hellen. vol. ii. Append, 
xix ; and more especially K. F. Hermann, Ueber 
Griechische Monatshunde, Gottingen, 1844, 4to., 
and Th. Bergk, Beitr'dge zur Griechischen Monats- 
kunde, Giessen, 1845, 8vo. [L. S.] 

2. Roman Calendar. — The Year of Romulus. 
■ — The name of Romulus is commonly attached to 
the year which is said to have prevailed in the 
earliest times of Rome ; but tradition is not con- 
sistent with regard to the form of it. The his- 
torians Licinius Macer and Fenestella maintained 
that the oldest year consisted of twelve months, 
and that it was already in those days an annus 
vertens, that is, a year which coincided with the 
period of the sun's course. Censorinus, however, 
in whose work this statement occurs {De Die 
Natali, e. 20 ; compare also the beginning of c. 1.9), 
goes on to say that more credit is due to Grac- 
canus, Fulvius (Nobilior), Varro, and others, ac- 
cording to whom the Romans in the earliest times, 
like the people of Alba from whom they sprang, 
allotted to the year but ten months. This opinion 
is supported by Ovid in several passages of his 
Fasti (i. 27, 43, iii. 99, 119, 151); by Gellius 
(Noct. Att. iii. 16), Macrobius (Saturn, i. 12), 
Solinus (Polyh. i.), and ServitfS (ad Georg. i. 43). 
Lastly, an old Latin year of ten months is implied 
in the fact, that at Laurentum (Macrob. i. 15) a 
sacrifice was offered to Juno Kalendaris on the 
first of every month except February and January. 
These ten months were called Martius, Aprilis, 
Maius, Junius, Quinctilis, Sextilis, September, 
October, November, December. That March was 
the first month in the year is implied in the last 
six names ; and even Plutarch, who ascribes twelve 
months to the Romulian year (Numa, c. 18), 
places Januarius and Februarius at the end. The 
fact is also confirmed by the ceremony of rekindling 
the sacred fire in the temple of Vesta on the first 
day of March, by the practice of placing fresh 
laurels in the public buildings on that day, and by 
many other customs recorded by Macrobius (i. 
12). With regard to the length of the months, 
Censorinus, Macrobius, and Solinus agree in ascrib- 
ing thirty -one days to four of them, called pleni 
menses ; thirty to the rest called cavi menses. The 
four longer months were Martius, Maius, Quinc- 
tilis, and October ; and these, as Macrobius ob- 



days, and began on the 23rd of September. 

— 24th of October. 

— 23rd of November. 

— 24th of December.. 

— 24th of January. 

— 21st of February. 

— 23rd of March. 

— 23rd of April. 

— 24th of May. 

— 23rd of June. 

— 24th of July. 

— 23rd of August. 



serves, were distinguished in the latest form ot 
the Roman calendar by having their nones two 
days later than any of the other months. The 
symmetry of this arrangement will appear by 
placing the numbers in succession: — 31, 30; 31, 
30; 31, 30, 30 ; 31; 30, 30. Ovid, indeed, ap- 
pears to speak of the months as coinciding with the 
lunar period : — 

"Annus erat decimum cumluna repleverat annum:" 
but the language of a poet must not be pressed too 
closely. On the other hand, Plutarch, in the pas- 
sage already referred to, while he assigns to the old 
year twelve months and 365 days, speaks of the 
months as varying without system between the 
limits of twenty and thirty-five days. Such an 
irregularity is not incredible, as we find that even 
when Censorinus wrote (a. d. 238), the Alban 
calendar gave 36 days to March, 22 to May, 18 to 
Sextilis, and 16 to September ; while at Tusculum 
Quinctilis had 36 days, October 32 ; and again at 
Aricia the same month, October, had no less than 
39. (Censorinus, c. 22.) The Romulian year, if 
we follow the majority of authors, contained but 
304 days ; a period differing so widely from the real 
length of the sun's course, that the months would 
rapidly revolve through all the seasons of the year. 
This inconvenience was remedied, says Macrobius 
(i. 13), by the addition of the proper number of 
days required to complete the year ; but these days, 
he goes on to say, did not receive any name as a 
month. Servius speaks of the intercalated period 
as consisting of two months, which at first had no 
name, but were eventually called after Janus and 
Februus. That some system of intercalation was 
employed in the Romulian year, was also the 
opinion of Licinius Macer. (Macrob. i. 13.) This 
appears to be all that is handed down with regard 
to the earliest year of the Romans. 

As a year of ten months and 304 days, at once 
falls greatly short of the solar year, and contains 
no exact number of lunations, some have gone so 
far as to dispute the truth of the tradition in whole 
or part, while others have taxed their ingenuity to 
account for the adoption of so anomalous a year. 
Puteanus (De Nundinis, in Graevius' Thesaurus, 
vol. viii.), calling to mind that the old Roman or 
Etruscan week contained eight days *, every eighth 



* Hence there are found attached to the suc- 
cessive days in the old calendars the recurring 
series of letters A, B, C, D, E, F, G, H, no doubt 
for the purpose of fixing the nundines in the week 
of eight days ; precisely in the same way in which 
the first seven letters are still employed in eccle- 
siastical calendars, to mark the days of the Chris- 
tian week. 



CALEXDARIUM. 



CALEXDARIUM. 



227 



day being specially devoted to religious and other 
public purposes, under the name of nonae or nun- 
dinae, was the first to point out that the number 
304 is a precise multiple of eight. To this observ- 
ation, in itself of little moment, Xiebuhr has given 
some weight, by further noticing that the 38 nun- 
dines in a year of 304 days tally exactly with the 
number of dies fasti afterwards retained in the 
Julian calendar. Another writer, Pontedera, ob- 
served that 304 bore to 365 days nearly the ratio 
of 5 to 6, six of the Romulian years containing 
1824, five of the longer periods 182.5 days; and 
Xiebuhr (Horn. Hist. vol. L p. 271), who is a warm 
advocate of the ten-month year, has made much use 
of this consideration. He thus explains the origin 
of the well-known quinquennial period called the 
lustrum, which Censorinus (c. 18) expressly calls 
an annus maipius, that is, in the modern language 
of chronology, a cycle. Moreover, the year of ten 
months, says the same writer (p. 279), was the 
term for mourning, for paying portions left by will, 
for credit on the Bale of yearly profits ; most pro- 
bably for all loans ; and it was the measure for 
the most ancient rate of interest. [Fexus.] 
Lastly, he finds in the existence of this short year 
the solution of certain historical difficulties. A 
peace, or rather truce, with Veii was concluded 
in the year 280 of Rome, fur 40 years. In 310 
Fidcnae revolted and joined Veii, which implies 
that Veii was already at war with Rome ; yet 
the Vcicntines arc not accused of having broken 
their oaths. (Liv. iv. 17.) Again, a twenty -years' 
truce, made in 329, is said, by Livy, to have ex- 
pired in 347 (iv. 58.) These facts are explained 
by supposing the years in question to have been 
those of ten months, for 40 of these are equal 
to 33\ ordinary years, 20 to 1 65 ; so that the 
former truce terminated in 314, the latter in 346. 
Similarly, the truce of eight years concluded with 
the Volscians in 323, extended in fact to no more 
than 6} full years ; and hence the Volscians re- 
sumed the war in 331, without exposing them- 
selves to the charge of perjury. 

These ingenious and perhaps satisfactory specu- 
lations of the German critic, of course imply that 
the decimestrial year still survived long after the 
regal government had ceased ; and in fact he be- 
lieves that this year, and the lunar year, as deter- 
mined by Scaliger's proposed cycle of 22 years, 
co-existed from the earliest times down to a late 
period. The views of Xiebuhr do not require that 
the months should have consisted of 31 or 30 days ; 
indeed it would be more natural to suppose that 
each month, as well as the year, contained a precise 
number of eight-day weeks ; eight of the months, 
for instance, having four such weeks, the: two others 
but three. Even in the so-called calendar of Xuma 
we find the Etruscan week affecting the division 
of the month, there being eight days between the 
nones and ides, from which circumstances the nones 
received their name ; and again two such weeks 
from the ides to the end of the month ; and this, 
whether the whole month contained 31 or 2!) days. 

The )'r<tr of Xuma. — Having described the 
Romulian Tear, Censorinus (c. 20) proceeds thus : 
— 44 Afterwards, cither by Xuma, as Fulvius hns 
it, or according to Junius by Tarquin, there was 
instituted a year of twelve months and 355 days, 
although the moon in twelve lunations nppears to 
complete but 354 days. The excess of n day was 
owing, either to error, or what I consider more- 



probable, to that superstitious feeling, according to 
which an odd number was accounted full {plenus) 
and mere fortunate. Be this as it may, to the 
year which had previously been in use (that of 
Romulus) one-and-fifty days were now added ; but 
as these were not sufficient to constitute two months, 
a day was taken from each of the before-mentioned 
hollow months, which added thereto, made up 57 
days, out of which two months were formed, Janu- 
arius with 29, and Februarius with 28 days. Thus 
all the months henceforth were full, and contained 
an odd number of days, save Februarius, which 
alone was hollow, and hence deemed more unlucky 
than the rest." In this passage it is fitting to ob- 
serve that the terms pints and cavi menses are ap- 
plied in a sense precisely opposite to the practice of 
the Greek language in the phrases priva irK-qpeTs 
and koTAoi. The mysterious power ascribed to an 
odd number is familiar from the Xumero deus im- 
pure gaudet of Virgil. Pliny also (//. X. xxviiL 
5) observes, — Imparcs numeros ad omnia vehemen- 
tiores Credimus. It was of course impossible to 
give an odd number of days at the same time to 
the year on the one hand, and to each of the twelve 
months on the other ; and yet the object was in 
some measure effected by a division of February 
itself into 23 days, and a supernumerary period of 
five days. (See the mode of intercalation below.) 
The year of Xuma then, according to Censorinus, 
contained 355 days. Plutarch tells us that Xuma 
estimated the anomaly of the sun and moon, by 
which he means the difference between twelve 
lunations and the sun's annual course at eleven 
days, i. e. the difference between 3G5 and 354 days. 
Macrobius, too, says that the year of Xuma had at 
first 354, afterwards 355 days. Compare herewith 
Liv. L 19 ; Ovid, fasti, i". 43, iiL 151 ; Aurel. 
Vict. c. 3 ; Flonis, L 2 ; Sulinus, c. 1. 

Twelve lunations amount to 354 days, 8h. 48' 
36", so that the so-called year of Xuma was a 
tolerably correct lunar year ; though the months 
would have coincided more accurately with the 
single lunations, if they had been limited to 30 and 
29 days, instead of 31, 29, and 2)1 days. That it 
was in fact adapted to the moon's course is the con- 
current assertion of ancient writers, more particu- 
larly of Livy, who says : {Xuma) omnium primuin 
ad cursum tunae in duodecim mensis discrihit annum. 
Unfortunately however, many of the same writers 
ascribe to the same period the introduction of such 
a system of intercalation as must at once have dis- 
located the coincidence between the civil month 
and the lunar period. At the end of two years 
the year of Xuma would have been about 22 days 
in arrear of the solar period, and accordingly it is 
said an intercalary month of that duration, or else 
of 23 days, was inserted at or m ar the end of Feb- 
ruary, to bring the civil year into agre mi nt with 
the regular return of the seasons. Uf this systi m 
of intercalation a mop- accurate account shall pre- 
sently be given. Hut there is strong reason for 
believing that this particular modi- of intercalation 
was not contemporary in origin with the year of 
Xuma. 

In antiquarian subjects it will generally lie found 
that the assistance of etymology is essential ; be- 
cause the original names that belong to an institu- 
tion often continue to exist, even after such changes 
have been introduced, that they nrc no longer 
adapted to the new order of things ; thus they 
survive as useful memorials of the past In this 
« 2 



228 CALENDAR! UM. 



CALENDAR! UM. 



way we are enabled by the original meaning of 
words, aided by a few fragments of a traditional 
character, to state that the Romans in early times 
possessed a year which altogether depended upon 
the phases of the moon. The Latin word mensis 
(Varro, De Ling. Lat. vi., or in the old editions, v. 
54), like the Greek p.i]u or juei's, and the English 
month, or German monath, is evidently connected 
with the word moon. Again, while in the Greek 
language the name vovjjLTivia (new-moon), or 'iv-r\ 
Kal uea, given to the first day of a month, betrays 
its lunar origin, the same result is deduced from 
the explanation of the word kalendae, as found in 
Macrobius (i. IS). " In ancient times," says that 
writer, " before Cn. Flavius the scribe, against the 
pleasure of the patricians, made the fasti known to 
the whole people (the end of the 4th century B. c), 
it was the duty of one of the pontifices minores to 
look out for the first appearance of the new moon ; 
and as soon as he descried it, to carry word to the 
rex sacrificulus. Then a sacrifice was offered by 
these priests, after which the same pontifex having 
summoned the plebs (calata plebe) to a place in the 
capitol, near the Curia Calabra, which adjoins the 
Casa Romuli, there announced the number of days 
which still remained to the nones, whether five 
or seven, by so often repeating the word kgsAcD." 
There was no necessity to write this last word in 
Greek characters, as it belonged to the old Latin. 
In fact,- in this very passage, it occurs in both 
calata and calabra ; and again, it remained to the 
latest times in the word nomenclator. In regard 
to the passage here quoted from Macrobius, it must 
be recollected that while the moon is in the imme- 
diate vicinity of the sun, it is impossible to see it 
with the naked eye, so that the day on which it is 
first seen is not of necessity the day of the actual 
conjunction. We learn elsewhere that as soon as 
the pontifex discovered the thin disc, a hymn was 
sung, beginning Jana novella, the word Jana (Ma- 
crob. Sat. i. 9 ; Varro, De Re Rust. i. 37) being 
only a dialectic variety of Diana, just as Diespiter 
or Diupiter corresponds to Jupiter ; and other ex- 
amples might readily be given, for the change occurs 
in almost every word which has the syllables de or 
or di before a vowel. Again, the consecration of 
the kalends to Juno (Ovid. Fasti, i. 55, vi. 39 ; 
Macrob. Sat, i, 9. 15) is referred by the latter 
writer to the fact that the months originally began 
with the moon, and that Juno and Luna are the 
same goddess ; and the poet likewise points at the 
same connection in his explanation of Juno's 
epithet Lucina. Moreover, at Laurentum Juno 
was worshipped as Juno Kalendaris. Even so late 
as 448 B. c. strictly lunar months were still in use ; 
for Dionysius (Antiq. x. 59) says that Appius, in 
that year, received the consular authority on the 
ides of May, being the day of full moon, for at 
that time, he adds, the Romans regulated their 
months by the moon. In fact, so completely was 
the day of the month, which they called the ides, 
associated with the idea of the full moon, that 
some derived the word airb tov e'ISovs, quod eo die 
plenam speciem luna demonstret. (Macrob. ibid.) 
Quietly to insert the idea of plenam, when the 
Greek word signified merely speciem, is in accord- 
ance with those loose notions which prevailed in 
all ancient attempts at etymology. But though 
the derivation is of course groundless, it is of his- 
torical value, as showing the notion connected with 
the tenn ides. 



For the same reason probably the ides of March 
were selected for the sacrifice to the goddess Anna 
Perenna, in whose name we have nothing more 
than the feminine form of the word annus, which, 
whether written with one n or two, whether in its 
simple form annus, or diminutive annulus, still 
always signifies a circle. Hence, as the masculine 
form was easily adopted to denote the period of 
the sun's course, so the feminine in like manner 
might well be employed to signify, first the moon's 
revolution, and then the moon herself. The ten- 
dency among the Romans to have the same word 
repeated, first as a male and then as a female deity, 
has been noticed by Niebuhr ; and there occurs a 
complete parallel in the name Dianus, afterwards 
Janus, for the god of dies, or light, the sun ; Diana, 
afterwards Jana, for the goddess of light, the moon ; 
to say nothing of the words Jupiter and Juno. 
That the month of March should have been 
selected arose from its being the first of the year, 
and a sacrifice to the moon might well take place 
on the day when her power is fully displayed to 
man. The epithet Perenna itself means no more 
than ever-circling. Nay, Macrobius himself (c. 1 2) 
connects the two words with annus, when he states 
the object of the sacrifice to be — ut annare peren- 
nareque commode liceat. 

Another argument in favour of the lunar origin 
of the Roman month, is deducible from the practice 
of counting the days backward from the Kalends, 
Nones, and Ides ; for the phrases will then amount 
to saying — " It wants so many days to the new 
moon, to the first quarter, to full moon." It would 
be difficult, on any other hypothesis, to account for 
the adoption of a mode of calculation, which, to our 
notions at least, is so inconvenient ; and indeed it 
is expressly recorded that this practice was derived 
from Greece, under which term the Athenians 
probably are meant ; and by these we know that 
a strictly lunar year was employed down to a late 
period. (Macrob. i. 16.) 

But perhaps the most decisive proof of all lies, 
in the simple statement of Livy (i. 19), thatNuraa 
so regulated his lunar year of twelve months by 
the insertion of intercalary months, that at the end 
of every nineteenth year it again coincided with 
the same point in the sun's course from which it 
started. His words are — Quern {annum) inter- 
calations mensibus interponendis ita dispensavit ut 
vicensimo anno ad metam eandem solis unde orsi 
sunt, plenis annorum omnium spatiis, dies con- 
gruerent. We quote the text ; because editors, in 
support of a theory, have taken the liberty of alter- 
ing it by the insertion of the word quarto, forget- 
ting too that the words quarto et vicensimo anno 
signify, not every twenty-fourth year, which their 
theory requires, but every twenty-third, according 
to that peculiar view of the Romans which led 
them to count both the extremes in defining the 
interval from one point to another ; and which still 
survives in the medical phrases tertian and quartan 
ague, as well as in the French expressions huit 
jours for a week, and quinze jours for a fortnight. 
Accordingly, it is not doing violence to words, but 
giving the strict and necessary meaning to them, 
when, in our own translation of the passage in 
Livy, we express vicensimo anno by every nineteenth 
year. 

Now 19 years, it is well known, constitute a most 
convenient cycle for the conjunction of a lunar and 
solar year. A mean lunation, or synodic month, ac- 



CALENDAR1UM. 

cording to modern astronomy, is 29d. 12h. 44' 3", 
and a mean tropical year 365d. oh. 48' 48". Hence 
it will be found, that 235 lunations amount to 
6939d. 16h. 31' 45", while 19 tropical years give 
6939d. 14h. 27' 12", so that the difference is only 
2h. 4' 33". Although it was only in the second 
century B.C. that Hipparchus gave to astronomical 
observations a nicety which could pretend to deal 
with seconds * ; yet even in the regal period of 
Rome, the Greek towns in the south of Italy must 
already have possessed astronomers, from whom the 
inhabitants of Latium could have borrowed such a 
rough practical knowledge of both the moon and 
Bun's period, as was sufficient to show that at the 
end of 19 solar years the moon's age would be 
nearly what it was at the commencement ; and it 
should be recollected that the name of Numa is 
often connected by tradition with the learning of 
Magna Graccia. At any rate a cycle of 19 years 
was introduced by Meton at Athens, in the year 
432 B.C.; and the knowledge of it among the 
learned may probably have preceded by a iong 
period its introduction into popular use, the more 
so as religious festivals are generally connected 
with the various divisions of time, and superstition 
therefore would be most certainly opposed to in- 
novations of the almanack. How the Romans may 
have intercalated in their 19 lunar years the seven 
additional months which are requisite to make up 
the whole number of 235 ( = 12 x 19 + 7) lunations, 
is a subject upon which it would be useless to 
speculate. From a union of these various consider- 
ations, it must be deemed highly probable that the 
Romans at one period possessed a division of time 
dependent upon the moon's course. 

Year of tlie Decemviri (so called by Ideler). — 
The motives which induced the Romans to abandon 
the lunar year arc no where recorded ; nor indeed 
the date of the change. We have seen, however, 
that even in the year 448 B. c, the year was still 
regulated by the moon's course. To this must be 
added that, according to Tuditanus and Cassiug 
Hcmina, a bill on the subject of intercalation was 
brought before the people by those decemviri, who 
added the two new tables to the preceding Ten 
(Macrob. i. 13), that is in the year 450 B. c. That 
the attention of these decemviri was called to the 
calendar is also proved by the contents of the 
Eleventh Table, wherein it is decreed that " the 
festivals shall be set down in the calendars." We 
have the nuthority of V'arro indeed, that a system 
of inti-rcalation already existed at an earlier date ; 
for he says that there was a very ancient law en- 
graved on a bronze pillar by L. Pinarius and Furius 
in their consulate cui menlici intercalates ascrihitur. 
Wc odd the last words in Latin from the text of 
Mac-robins (c. 13), because their import is doubtful. 
If wc are right in interpreting them thus — "the 
date upon which is expressed by a month called 
intercalary" all that is meant may be one of the 
interralary lunations, which must have existed 
even in the old lunar year. At the period of the 
decern viral legislation there was probably instituted 
thnt form of the year of 354 days, which was cor- 
rected by the short intercalary month, called Mcr- 
■fldoniuB, or Mercidinus; but so corrected as to 
deprive the year and months of all connection with 
tin- moon's course. The length of the several or- 



* His valuation of the synodic month was 29d. 
I Jh. I V 94". (Ptolem. Almag. iv. 2.) 



CALENDARIUM. 229 

dinary months was probably that which Ccnsorinus 
has erroneously allotted to the months of Numa's 
lunar year, viz.: — 

Martius 31 days. September 29 days. 

Aprib's 29 „ October 31 „ 

Mains 31 „ November 29 „ 

Junius 29 „ December 29 „ 

Quinctilis31 ,, Januarius 29 „ 

Sextilis 29 „ Februarius 28 „ 

Such, at any rate, was the number of days in 
each month immediately prior to the Julian correc- 
tion ; for both Ccnsorinus and Macrobius say that 
Caesar added two days to Januarius, Sextilis, and 
December, and one to Aprilis, Junius, September, 
and November. Hence Nicbuhr appears to have 
made an error when he asserts (vol. ii. note 1 I 79) 
that July acquired two more days at the reform- 
ation of the calendar, and founds thereon a charge 
of carelessness against Livy. Moreover that No- 
vember had but 29 days prior to the correction, in 
other words, that the XVII. Kal. Dec. immediately 
followed the Idus Nov., appears from a comparison 
of Cicero's letters to Tiro (Ad Fam. xvi. 7. 9) ; 
for he reaches Corcyra a. d. V. Id. Nov., and on 
the XV. Kal. Dec. complains — Septumtmjam diem 
tenebamur. The seven days in question would be 
IV. Id., III. Id., Prid. Id'., Id. Nov., XVII. Kal. 
Dec, XVI. KaL Dec, XV. Kal. Dec. That the 
place of the nones and ides was in each month the 
same before the Julian correction as afterwards, is 
asserted by Macrobius. 

The main difficulty is with regard to the mode 
of intercalation. Plutarch, we have already ob- 
served, speaks of an intercalation, by him referred 
to Numa, of 22 days in alternate years in the 
month of February. Ccnsorinus, with more pre- 
cision, says that the number of days in each inter- 
calation was cither 22 or 23, and Macrobius agrees 
with him in substance. Of the point at which the 
supernumerary month was inserted, the accounts 
are these : — Varro (De Liny. LaL vi. 55) says, the 
twelfth month was February ; and when intercala- 
tions take place, the five last days of this month 
arc removed. Censorinus agrees herewith, when 
he places the intercalation generally (jmtissimum) 
in the month of February, between the Terniinalia 
and the Regifugium, that is immediately after the 
day called by the Romans a. d. VI. Kal. Mart, or 
by us the 24th of February. This, again, is con- 
firmed by Macrobius. The setting aside of the last 
five days agrees with the practice which Herodotus 
ascribes to the Egyptians of considering the five 
days over the 3(i0 as scarcely belonging to the 
year, and not placing them in any month. So 
completely were these five days considered by the 
Romans to be something extraneous, that the 
soldier appears to have received pay only for 3G0 
days. For in the time of Augustus the Mildier re- 
ceived dmi asset per day, i.e. \$ of a denarius; 
but Domitian (Suet. /Jam. 7) addidit quartum sti- 
jn-ndium aurros Icrnrn. Thus, as 25 denarii made 
an aureus, the annual pay prior to Dmnitian was 
(860 X 10)t-10 denarii = (860 x 10)+(16 x 26 ) 
aurei = 9 aurei ; and thus the nddition of three 
aurei was precisely a fourth more. Lastly, the fes- 
tival Tcnninalia, as its name implies, marked the 
end of the year, and this by the way again proves 
that March wns originally the first month. 

Tbj intercalary month was railed VlfpKtSivoi, or 
MipKTjJoVioi. (Plutarch, iXiwia, 19; f'«. 59.) 
U 3 



230 CALENDARIUM. 



CALENDARIUM. 



We give it in Greek characters, because it happens 
somewhat strangely that no Latin author has men- 
tioned the name, the term mensis interkalaris or 
interkalarius supplying its place. Thus, in the year 
of intercalation, the day after the ides of February 
was called, not as usual a. d. XVI. Kalendas 
Martias, but a. d. XL Kalendas interkalares. So 
also there were the Nonae interkalares, and Idus 
interkalares, and after this last came either a. d. 
XV. or XVI. Kal. Mart., according as the month 
had 22 or 23 days, or rather, if we add the five 
remaining da} r s struck off from February, 27 or 28 
days. In either case the Regifugium retained its 
ordinary designation a. d. VI. Kal. Mart. (See 
Asconius, Ad Oral, pro Milone, and the Fasti Tri- 
umphales, 493, A. u. c.) When Cicero writes to 
Atticus (vi. 1 ),Accepituas litteras a.d. V. Terminalia 
(i. e. Feb. 19) ; he uses this strange mode of de- 
fining a date, because, being then in Cilicia, he was 
not aware whether any intercalation had been in- 
serted that year. Indeed, he says, in another part 
of the same letter, Ea sic obscrvabo, quasi interka- 
lutum non sit. 

Besides the intercalary month, mention is occa- 
sionally made of an intercalary day. The object 
of this was solely to prevent the first day of the 
year, and perhaps also the nones, from coinciding 
with the nundinae, of which mention has been al- 
ready made. (Macrob. i. 1 3.) Hence in Livy (xlv. 
44), Intercalatum eo anno ; postridie Terminalia 
intercalures fuerunt. This would not have been 
said had the day of intercalation been invariably 
the same ; and again Livy (xliii. 11), Hoc anno 
intercalatum est. Tertio die post Terminalia Calen- 
dae intercalares fuere, i. e. two days after the Ter- 
minalia, so that the dies intercalaris was on this 
occasion inserted, as well as the month so called. 
Nay, even after the reformation of the calendar, 
the same superstitious practice remained. Thus, 
in the year 40 B. c, a day was inserted for this 
purpose, and afterwards an omission of a day took 
place, that the calendar might not be disturbed. 
(Dion Cass, xlviii. 33.) 

The system of intercalating in alternate years 
22 or 23 days, that is ninety days in eight years, 
was borrowed, we are told by Macrobius, from the 
Greeks ; and the assertion is probable enough, first, 
because from the Greeks the Romans generally de- 
rived all scientific assistance ; and secondly, because 
the decemviral legislation was avowedly drawn 
from that quarter. Moreover, at the very period 
in question, a cycle of eight years appears to have 
been in use at Athens, for the Metonic period of 
19 years was not adopted before 432 B.C. The 
Romans, however, seem to have been guilty of 
some clumsiness in applying the science they de- 
rived from Greece. The addition of ninety days 
in a cycle of eight years to a lunar year of 354 
days, would, in substance, have amounted to the 
addition of \\\ ( = 90-r8) days to each year, so 
that the Romans would virtually have possessed 
the Julian calendar. As it was, they added the 
intercalation to a year of 355 days ; and conse- 
quently, on an average, every year exceeded its 
proper length by a day, if we neglect the inaccu- 
racies of the Julian calendar. Accordingly we find 
that the civil and solar years were greatly at vari- 
ance in the year 564 a.v.c. On the 11th of 
Quinctilis, in that year, a remarkable eclipse of the 
sun occurred. (Liv. xxxvii. 4.) This eclipse, says 
Ideler, can have been no other than the one which 



occurred on the 14th of March, 190 b. c. of the 
Julian calendar, and which at Rome was nearly 
total. Again, the same historian (xliv. 37) men- 
tions an eclipse of the moon which occurred in the 
night between the 3rd and 4th of September, in 
the year of the city 586. This must have been 
the total eclipse in the night between the 21st and 
22nd of June, 168 B.C. 

That attempts at legislation for the purpose of 
correcting so serious an error were actually made, 
appears from Macrobius, who, aware himself of the 
cause of the error, says that, by way of correction, in 
every third octoennial period, instead of 90 inter- 
calary days, only 66 were inserted. Again it ap- 
pears that M\ Acilius Glabrio, in his consulship 
169 B.C., that is, the very year before that in 
which the above-mentioned lunar eclipse occurred, 
introduced some legislative measure upon the sub- 
ject of intercalation. (Macrob. i. 13.) Accord- 
ing to the above statement of Macrobius, a cycle 
of 24 years was adopted, and it is this very 
passage which has induced the editors of Livy 
to insert the word quaiio in the text already 
quoted. 

As the festivals of the Romans were for the most 
part dependent upon the calendar, the regulation 
of the latter was intrusted to the college of ponti- 
fices, who in early times were chosen exclusively 
from the body of patricians. It was therefore in 
the power of the college to add to their other means 
of oppressing the plebeians, by keeping to them- 
selves the knowledge of the days on which justice 
could be administered, and assemblies of the people 
could be held. In the year 304 B. c, one Cn. 
Flavius, a secretary (scriba) of Appius Claudius, is 
said fraudulently to have made the Fasti public. 
(Liv. xi. 46; Cic. Pro Murena, c. 11 ; Plin. 
H. N. xxxiii. 1 ; Val. Max. ii. 5 ; A. Gellius, vi. 9; 
Macrob. i. 1 5 ; Pomponius, De Origine Juris in the 
Digest 1. tit. 2 ; and Cicero, Ad Att. vi. 1.) It ap- 
pears however from the last passage that Atticus 
doubted the truth of the story. In either case, the 
other privilege of regulating the year by the inser- 
tion of the intercalary month gave them great 
political power, which they were not backward to 
employ. Every thing connected with the matter 
of intercalation was left, says Censorinus (c. 20), to 
the unrestrained pleasure of the pontifices ; and the 
majority.of these, on personal grounds, added to or 
took from the year by capricious intercalations, so 
as to lengthen or shorten the period during which 
a magistrate remained in office, and seriously to 
benefit or injure the farmer of the public revenue. 
Similar to this is the language employed by Ma- 
crobius (i. 4), Ammianus (xxvi. 1), Solinus (c. i.), 
Plutarch (Caes. c. 59), and their assertions are con- 
firmed by the letters of Cicero, written during iiis 
proconsulate in Cilicia, the constant burthen of 
which is a request that the pontifices will not add 
to his year of government by intercalation. 

In consequence of this licence, says Suetonius 
{Caes. 40), neither the festivals of the harvest 
coincided with the summer, nor those of the vin- 
tage with the autumn. But we cannot desire a 
better proof of the confusion than a comparison of 
three short passages in the third book of Caesar's 
Bell. Civ. (c. 6), Pridie nonas Januarias navis solvit 
— (c. 9)ja?nque hicmsadpropinquabat — (c. 25) multi 
jam menses transierant et hiemsjam praecipitaverat. 

Year of Julius Caesar. — In the year 46 B.C. 
Caesar, now master of the Roman world, crowned 



CALENDARIUM. 
his other great services to his country by employ- 
ing his authority, as pontifex maximus, in the cor- 
rection of this serious eviL For this purpose he 
availed himself of the services of Sosigenes, the 
peripatetic, and a scrSxt named M. Flavius, though 
he himself too, we are told, was well acquainted 
with astronomy, and indeed was the author of a 
work of some merit upon the subject, which was 
•still extant in the time of Pliny. The chief autho- 
rities upon the subject of the Julian reformation 
are Plutarch {Cues, c 59), Dion Cassius (xliiL 
26), Appian (De Bell. Civ. iL ad extr.), Ovid 
{Fasti, iii. 155), Suetonius {Cues. c. 40), Pliny 
(//. N. xviii. 57), Censorinus (c. 20), Macrobius 
(fiat. i. 14), Ammianus Marcellinus (xxvL 1), 
Solinus (i. 45). Of these Censorinus is the most 
precise : — " The confusion was at last," says he, 
" carried so far that C. Caesar, the pontifex maxi- 
mus, in his third consulate, with Lepidus for his 
colleague, inserted between November and Decem- 
ber two intercalary months of 67 days, the month 
of February having already received an intercala- 
tion of 23 days, and thus made the whole year 
to consist of 445 days. At the same time he pro- 
vided against a repetition of similar errors by cast- 
ing aside the intercalary month, and adapting the 
year to the sun's course. Accordingly, to the 355 
days of the previously existing year, he added ten 
days, which he so distributed between the seven 
months having 29 days, that January, Scxtilis, and 
December received two each, the others but one ; 
and these additional days he placed at the end of 
the several months, no doubt with the wish not to 
remove the various festivals from those positions in 
the several months which they had so long occu- 
pied. Hence in the present calendar, although 
there are seven months of 31 days, yet the four 
months, which from the first possessed that num- 
ber, are still distinguishable by having their nones 
on the seventh, the rest having them on the fifth 
of the month. Lastly, in consideration of the 
quarter of a day, which he considered as com- 
pleting the true year, he established the rule that, 
at the end of every four years, a single day should 
be intercalated, where the month had been hitherto 
inserted, that is, immediately after the Tcrminalia ; 
which day is now called the Msseilum." 

This year of 445 days is commonly called by 
chronologists the year of confusion ; but by Macro- 
bius, more fitly, the last year of confusion. The 
kalends of January, of the year 708 A. V. c, fell on 
the 13th of October, 47 B. c. of the Julian calen- 
dar ; the kalends of March, 708 a. 0. c, on the 1st 
of January, 46 B.C. ; and lastly, the kalends of 
January, 709 a. u. c, on the 1st of January, 45 
B. c. Of the second of the two intercalary months 
inserted in this year after November, mention is 
made in Cicero's letters (Ad I'am. vL 14). 

It was probably the original intention of Caesar 
to commence the year with the shortest day. The 
winter solstice at Rome, in the year 46 n. c, occur- 
nd 3D the 24th of December of the Julian calendar. 
Hil motive for delaying the commencement for seven 
days longer, instead of taking the following day, was 
probably the desire to gratify the superstition of the 
Romans, by causing the first year of the reformed 
calendar to fall on the day of the new moon. Accord- 
ingly, it is found thnt the mean new moon occurred 
at Rom on the 1st of January, 45 b. r., at 6h. 1 6' 
P.M. In this way alone ran be explained the phra»e 
used by Mai robins : Annum cirilcm Caesar, /labitin 



CALENDARIUM. 



231 



ad lunam dimensionibus constitution, edicto pa/am 
propositi pubticuvit. This edict is also mentioned 
by Plutarch where he gives the anecdote of Cicero, 
who, on being told by some one that the constel- 
lation Lyra would rise the next morning, observed, 
" Yes, no doubt, in obedience to the edict" 

The mode of denoting the days of the month 
will cause no difficulty, if it be recollected, that the 
kalends always denote the first of the month, that 
the nones occur on the seventh of the four months 
March, May, Quinctilis or July, and October, and 
on the fifth of the other months ; that the ides 
always fall eight days later than the nones ; and 
lastly, that the intermediate days are in all cases 
reckoned backwards upon the Roman principle 
already explained of counting both extremes. 

For the month of January the notation will be 
as follows : — 

1 Kal. Jan. 17 a. d. XVI. Kal. Feb. 

2 a. d. IV. Non. Jan. 18 a. d. XV. Kal. Feb. 

3 a. d. III. Non. Jan. 19 a. d. XIV. Kal. Feb. 

4 Prid. Non. Jan. 20 a. d. XIII. Kal. Feb. 

5 Non. Jan. 21 a. d. XII. Kal. Feb. 

6 a. d. VIII. Id. Jan. 22 a. d. XL Kal. Feb. 
7a.d. VII. Id. Jan. 23 a. d. X. Kal. Feb. 

8 a. d. VL Id. Jan. 24 a. d. IX. Kal. Feb. 

9 a. d. V. Id. Jan. 25 a. d. VIII. Kal. Feb. 

10 a. d. IV. Id. Jan. 26 a. d. VII. Kal. Feb. 

11 a. d. III. Id. Jan. 27 a. d. VI. Kal. Feb. 

12 Prid. Id. Jan. 28 a. d. V. Kal. Feb. 

13 Id. Jan. 29 a. d. IV. Kal. Feb. 

14 a. d. XIX. Kal. Feb. 30 a. d. III. Kal. Feb. 

1 5 a.d. XVIII. KaLFeb. 31 Prid. Kal. Feb. 
16a. d. XVII. Kal. Feb. 

The letters a d are often, through error, written 
together, and so confounded with the preposition 
ad, which would have a different meaning, for ad 
kalendas would signify by, L e. on or be/ore the 
kalends. The letters arc in fact an abridgement 
of ante diem, and the full phrase for " on the second 
of January " would be ante diem i/mirtum nonas 
■Januarias. The word ante in this expression seems 
really to belong in sense to nonas, and to be the 
cause why nonas is an accusative. Hence occur 
such phrases as (Cic. Phil. iii. 8), in ante diem i/uar- 
tum Kal. Decembris distulit, " he put it off to the 
fourth day before the kalends of December," (Cnes. 
Dell. Gall. i. li) Is dies erat utile diem I'. AW. Apr., 
and (Caes. Hell. Civ. i. 11) ante quern diem runts 
sit, for quo die. The same confusion exists in the 
phrase pott jxtucos dies, which means ** a few days 
after," and is equivalent to jxiucis post dicbus. 
Whether the phrase Kalendae Januarii was ever 
used by the best writers is doubtful. The words 
arc commonly abbreviated ; and those passages 
where Aprilis, Decembris, &c. occur, are of no 
avail, as they arc probably accusatives. The on/fl 
may be omitted, in which case the phrase will bo 
die quarto noiiarum. In the leap year (to use a 
modern phrase), the last days of February were 
called — 

Feb. 23. =8. d. VII. Kal. Mart. 



Feb. 24. = a. d. 
Feb. 25.= a. d. 
Feb. 26. = a. d. 
Feb. 27. = a. d. 
Feb. 28. = a. d. 



VI. Kal. Marl, po.iteriorcm. 
VI. Kal. Mart, priorem. 
V. Kal. Mart. 
IV. Kal. Mart 
III. Kal. Mart 



Feb. 29. = Prid Kal. Mart 

In which the words priOTtoA posterior arc used in 
U 4 



232 



CALENDARIUM. 



reference to the retrograde direction of the reckon- 
ing. Such at least is the opinion of Ideler, who 
refers to Celsus in the Digest (SO. tit. 16. s. 98). 

From the fact that the intercalated year has two 
days called ante diem sextum, the name of bissextile 
has been applied to it. The term annus bissextilis, 
however, does not occur in any writer prior to 
Beda, but in place of it the phrase annus bissextus. 

It was the intention of Caesar that the bissex- 
tum should be inserted peracto quadriennii circuitu, 
as Censorinus says, or quinto quoque incipiente anno, 
to use the words of Macrobius. The phrase, how- 
ever, which Caesar used seems to have been quarto 
quoque anno, which was interpreted by the priests 
to mean every third year. The consequence was, 
that in the year 8 B. c. the Emperor Augustus, 
finding that three more intercalations had been 
made than was the intention of the law, gave 
directions that for the next twelve years there 
should be no bissextile. 

The services which Caesar and Augustus had 
conferred upon their country by the reformation 
of the year, seem to have been the immediate 
causes of the compliments paid to them by the in- 
sertion of their names in the calendar. Julius was 
substituted for Quinctilis, the month in which 
Caesar was born, in the second Julian year, that is, 
the year of the dictator's death (Censorinus, c. 22) ; 
for the first Julian year was the first year of the 
corrected Julian calendar, that is, 45 B. c. The 



CALENDARIUM. 

name Augustus, in place of Sextilis, was introduced 
by the emperor himself, at the time when he recti- 
fied the error in the mode of intercalating (Suet. 
Aug. c. 31), anno Augustano xx. The first year 
of the Augustan era was 27 b. c, viz., that in 
which he first took the name of Augustus, se viz. et 
M. Vipsanio Agrippa coss. He was born in Sep- 
tember ; but gave the preference to the preceding 
month, for reasons stated in the senatus-consultum, 
preserved by Macrobius (i. 12). " Whereas the 
Emperor Augustus Caesar, in the month of Sex- 
tilis, was first admitted to the consulate, and thrice 
entered the city in triumph, and in the same 
month the legions, from the Janiculum, placed 
themselves under his auspices, and in the same 
month Egypt was brought under the authority of 
the Roman people, and in the same month an end 
was put to the civil wars ; and whereas for these 
reasons the said month is, and has been, most for- 
tunate to this empire, it is hereby decreed by the 
senate that the said month shall be called Augus. 
tus." " A plebiscitum, to the same effect, was 
passed on the motion of Sextus Pacuvius, tribune 
of the plebs." 

The month of September in like manner received 
the name of Germanicus from the general so called, 
and the appellation appears to have existed even in 
the time of Macrobius. Domitian, too, conferred 
his name upon October ; but the old word was re- 
stored upon the death of the tyrant. 



Our days of the 
Month. 


March, May, July, 


January, August, 


April, June, Sep- 
tember, November, 


February has 28 


October, have 31 


December, have 31 


days, and in Leap 
Year 29. 


days. 


days. 


have 30 days. 


1, 


Kalendis. 


Kalendis. 




Kalendis. 


Kalendis. 


2. 






IV. 1 


ante 


IV. I 




ante 


IV. "I 


Ante 


3. 


* r 


ante 


III. f 


Nonas. 


in. r 


Nonas. 


III. f 


Nonas. 


4. 




Nonas. 


Pridie No 


nas. 


Pridie Nonas. 


Pridie Nonas. 


5. 


!f, 




Nonis. 






Nonis. 






Nonis. 




6. 


Pridie Nonas. 


VIII. " 






VIII. " 






VIII. 




7. 


Nonis. 




VII. 






VII. 






VII. 




8. 


VIII. " 




VI. 




ante 


VI. 




ante 


VI. 




9. 


VII. 




V. 




Idus. 


V. 




Idus. 


V. 




10. 


VI. 


ante 


IV. 






IV. 






IV. 




11. 


V. 


Idus. 


III. 






III. J 






III. 




12. 


IV. 




Pridie Ic 


us. 


Plidie Idus. 


Pridie Idus. 


13. 


III. 




Idibus. 






Idibus. 






Idibus. 




14. 


Pridie Idus. 


XIX. 






XVIII. 






XVI. " 




15. 


Idibus. 




XVIII. 






XVII. 






XV. 




16. 


XVII. " 




XVII. 




J3 


XVI. 






XIV. 


.2 


17. 


XVI. 




XVI. 







XV. 




s 

o 


XIII. 


18. 


XV. 


a 


XV. 






S 


XIV. 




E 


XII. 


« 


19. 


XIV. 


O 

a 


XIV. 




<u 


XIII. 




OJ 

J3 ^ 


XL 




20. 


XIII. 




XIII. 






XII. 




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following). 


following). 













CAUDA. 



CAL1GA. 



233 



The Fasti of Caesar have not come down to us 
in their entire form. Such fragments as exist may 
be seen in Gruter's Inscriptiones, or more com- 
pletely in Foggini's work, Fasiorum Anni Romani 
. . . Reliquiae. See also some papers by Ideler in 
the Berlin Transactions for 1822 and 1823. 

The Gregorian Year. — The Julian calendar sup- 
poses the mean tropical year to be 365d. 6h. ; but 
this, as we have already seen, exceeds the real 
amount by 11' 12", the accumulation of which, 
year after year, caused at last considerable incon- 
venience. Accordingly, in the year, 1582, Pope 
Gregory the XIII., assisted by Aloysius, Lilius, 
Christoph. Clavius, Petrus Ciaconius, and others, 
again reformed the calendar. The ten days by 
which the year had been unduly retarded were 
struck out by a regulation that the day after the 
fourth of October in that year should be called the 
fifteenth ; and it was ordered that, whereas hitherto 
an intercalary day had been inserted every four 
years, for the future three such intercalations in 
the course of four hundred years should be omitted, 
viz., in those years which are divisible without 
remainder by 100, but not by 400. Thus, accord- 
ing to the Julian calendar, the years, 1600, 1700, 
1 BOO, 1 900, and 2000 were to have been bissextile ; 
but, by the regulation of Gregory, the years 1700, 
1 800, and 1 900, were to receive no intercalation, 
while the years 1600 and 2000 were to be bissextile, 
as before. The bull which effected this change, was 
issued Feb. 24, 1 582. The fullest account of this 
correction is to be found in the work of Clavius, 
entitled Romani Calendarii a flregorio XIII. I'. M. 
restituti lixplicatio. As the Gregorian calendar has 
only 97 leap-years in a period of 400 years, the 
mean Gregorian year is (303 x 365 + 97 x 366) 
■5-400, that is 365d. ah. 49' 12", or only 24" 
more than the mean tropical year. This difference 
in 60 years would amount to 24', and in 60 times 
60, or 3600 years, to 24 hours, or a day. Hence 
the French astronomer, Delambre, has proposed 
that the years 3600, 7200, 10,800, and all multi- 
ples of 3600 should not be leap years. The Gre- 
gorian calendar was introduced in the greater part 
of Italy, as well as in Spain and Portugal, on the 
day named in the bull. In France, two months 
after, by an edict of Henry III., the 9th of De- 
cember was followed by the 20th. The Catholic 
parts of Switzerland, Germany, and the Low 
Countries, adopted the correction in 1583, Poland 
in 1586, Hungary in 1587. The Protestant parts 
of Europe resisted what they called a Papistical in- 
vention for more than a century. At last, in 1 700, 
Protestant Germany, as well as Denmark and Hol- 
land, allowed reason to prevail over prejudice ; and 
the Protestant cantons of Switzerland copied their 
example the following year. 

In England the Gregorian calendar was first 
adopted in 1752, and in Sweden in 1753. In 
Russia, and those countries which belong to the 
Greek church, the Julian year, or M style as it is 
called, still prevails. 

In this article free use has been made of Meier's 
work Lehrliurh ilrr ('hriivnliniir. For other inform- 
ation connected with the Unman measurement of 
time, see A.iTftoNiiMIA ; Dies ; Ilimnl.ocir.V ; 

Lustrum ; Nvndinak; Sakculum. [T.H.K.] 
CA'LIDA, or CALDA, the warm drink of the 
Greeks, nnd Unmans, which consisted of warm 
water mixed with wine, with the addition probably 
of spices. This was a very favourite kind of drink 



with the ancients, and could always be procured at 
certain shops or taverns, called tltcrmopolia (Plaut. 
Cur. ii. 3. 13, Trin. iv. 3. 6, Rod. ii. 6. 45), which 
Claudius commanded to be closed at one period 
of his reign (Dion Cass. lx. 6). The vessels, in 
which the wine and water were kept hot, appear to 
have been of a very elegant form, and not unlike 
our tea-urns both in appearance and construction. 
A representation of one of these vessels is given in 
the Aluseo Dorbonico (vol. iii. pi. 63), from which 
the following woodcut is taken. In the middle 
of the vessel there is a small cylindrical furnace, 
in which the wood or charcoal was kept for 
heating the water ; and at the bottom of this 
furnace, there are four small holes for the ashes 
to fall through. On the right hand side of the 
vessel there is a kind of cup, communicating with 
the part surrounding the furnace, by which the 
vessel might be filled without taking off the lid ; 
and on the left hand side there is in about the 
middle a tube with a cock for drawing off the 
liquid. Beneath the conical cover, and on a level 
with the rim of the vessel, there is a moveable flat 
cover, with a hole in the middle, which closes the 
whole urn except the mouth of the small furnace. 

Though there can be no doubt that this vessel 
was used for the purpose which has been mentioned, 




it is difficult to determine its Latin name ; but it 
was probably called mU/n-psa |Ai riiKrsA.j Pnl- 
lux (x. 66) mentions several names which wero 
applied to the vessels used for heating water, nf 
which the IirFoA<'£7)s, which also .mum in Lucian 
(h-siph. 8), appears to answer best to the vessel 
which has been described above. (Itiittiger, ,W<i- 
na, vol. ii. p. 31 ; Becker, (,'allut, vol. ii. p. 175.) 

CALIENDUUM, a peruque or wig, mentioned 
by Horace, (fierm. i. 8. 48.) 

CA'LlfJA, a strong and heavy shoe worn by 
the Unman soldiers. Although the OH of this 
species of calccnmentum extended to the cenlu- 



234 



CALLISTEIA. 



CALUMNIA. 



rions, it was not worn by the superior officers. 
Hence the common soldiers, including centurions, 
were distinguished by the name of caligati (Suet. 
Aug. 25, Vitell. 7) ; when Cicero therefore says of 
Pompey " mihi caligae ejus non placebant " (Ad 
Att. ii. 3), he merely uses the words to indicate 
his military power. Service in the ranks was also 
designated after this article of attire. Thus Marius 
was said to have risen to the consulship a calif/a, 
i. e. from the ranks (Sen. De Bene/, v. 16), and 
Ventidius juventam inopem in caliga militari tole- 
rasse (Plin H. N. vii. 44). The Emperor Caligula 
received that cognomen when a boy, in conse- 
quence of wearing the caliga, which his lather Ger- 
manicus put on his son in order to please the sol- 
diers. (Tacit. Ann. i. 41 ; Suet. Calig. 9.) The 
triumphal monuments of Rome show most dis- 
tinctly the difference between the caliga of the 
common soldier [Arma] and the calceus worn by 
men of higher rank. [Abolla ; Ara.] The 
sole of the caliga was thickly studded with hob- 
nails (clavi caligarii, Plin. H. N. xxxiv. 41, 
ix. 18 ; Juv. Sat. iii. 232, xvi. 25). 

The caliga speculatoria (Suet. Calig. 52), made 
for the use of spies (speculatores), was probably 
much lighter than the ordinary shoe worn by the 
soldiers. [J. Y.] 

CALIX (kuAi£, comp. Macrob. Sat. v. 21). 
1. A small drinking-cup, constantly used at sym- 
posia and on similar occasions. It is frequently 
seen in paintings on ancient vases which represent 
drinking-scenes, and when empty is usually held 
upright by one of its handles, as shown in the cut 
under Symposium. (Xen. Symp. ii. 26 ; Cic. 
Tuse. iii. 19; Hor. Serm. ii. 8. 35, &c.) 2. A 
vessel used in cooking (Varr. L. L. v. 127, ed. 
Miiller ; Ov. Fast. v. 509.) 3. A tube in the 
aquaeducts attached to the extremity of each pipe, 
where it entered the castellum. [Acjuaeductus, 
p. 115, a.] 

CALLIS, a beaten path or track made by the 
feet of cattle. (Serv. ad Virg. Aen. iv. 405 ; Isidor. 
Orig. xv. 16. § 20.) The sheep-walks in the 
mountainous parts of Campania and Apulia were the 
property of the Roman state ; and as they were of 
considerable value, one of the quaestors usually 
had these calles assigned to him as his province, 
whence we read of the Callium provincia. His 
principal duties were to receive the scriplura, or 
tax paid for the pasturage of the cattle, and to 
protect life and property in these wild and moun- 
tainous districts. When the senate wished to put 
a slight upon the consuls on one occasion they en- 
deavoured to assign to them as their provinces, 
the care of the woods (silvae) and sheep-walks 
(calles). (Tac. Ann. iv. 27; Suet. Caes. 19, 
Claud. 29 ; in the last passage the reading is 
doubtful.) 

CALLISTEIA (/caAAicreTa), a festival, or per- 
haps merely a part of one, held by the women of 
Lesbos ; at which they assembled in the sanc- 
tuary of Hera, and the fairest received the prize of 
beauty. (Schol. ad II. ix. 128 ; Suidas, s. v. ; 
Antholog. Pal. ix. 189 ; Athen. xiii. p. 610.) 

A similar contest of beauty, instituted by Cyp- 
selus, formed a part of a festival celebrated by the 
Parrhasians in Arcadia, in honour of the Eleusi- 
nian Demeter. The women taking part in it were 
called Xpvao<p6poi. (Athen. xiii. p. 609.) 

A third contest of the same kind, in which, 
however, men only partook, is mentioned by Athe- 



naeus (I. c. ; compare Etytnol. Magn. s. v.) as oc- 
curring among the Eleans in honour of Athena. 
The fairest man received as prize a suit of armour 
which he dedicated to Athena, and was adorned 
by his friends with ribbons and a myrtle wreath, 
and accompanied to the temple. From the words 
of Athenaeus (xiii. p. 610), who, in speaking of 
these contests of beauty, mentions Tenedos along 
with Lesbos, we must infer that in the former 
island also Callisteia were celebrated. [L. S.] 

CALO'NES, the servants of the Roman sol- 
diers, said to have been so called from carrying 
wood (kSa.o) for their use. (Eestus, s. v. ; Serv. 
ad Virg. Aen. vi. 1.) They are generally supposed 
to have been slaves, and they almost formed a part 
of the army, as we may learn from many passages 
in Caesar : in fact, we are told by Josephus that, 
from always living with the soldiers and being 
present at their exercises, they were inferior to 
them alone in skill and valour. The word calo, 
however, was not confined to this signification, but 
was also applied to farm-servants, instances of which 
usage are found in Horace (Epist. i. 14. 42 ; 
Sat. i. 6. 103). 

In Caesar this term is generally found by itself ; 
in Tacitus it is coupled and made almost identi- 
cal with lioca. Still the calones and lixae were not 
the same : the latter, in fact, were freemen, who 
merely followed the camp for the purposes of gain 
and merchandise, and were so far from being in- 
dispensable to an army, that they were sometimes 
forbidden to follow it (ne lixae sequerentur exer- 
citum, Sail. Bell. Jug. 45). Thus again we read 
of the lixae mercatoresque, qui plaustris merces por- 
tabant (Hirtius, De Bell. Afr. 75), words which 
plainly show that the lixae were traders and 
dealers. Livy also ( v. 8) speaks of them as 
carrying on business. The term itself is supposed 
to be connected with lixa, an old word signifying 
water, inasmuch as the lixae supplied this article 
to the soldiers : since, however, they probably 
furnished ready-cooked provisions (elixos cibos), it 
seems not unlikely that their appellation may have 
some allusion to this circumstance. (See Sail. 
I. c.) [R. W.] 

CALU'MNIA. Calumniari is defined by 
Marcian (Dig. 48. tit. 16. s. 1), Falsa crimina in- 
tendere ; a definition which, as there given, was 
only intended to apply to criminal matters. The 
definition of Paulus (Sentent. Recept. i. tit. 5) ap- 
plies to matters both criminal and civil : Calumni- 
osus est qui sciens prudensque per fraudem negoiium 
alicui comparat. Cicero (de Off. i. 10) speaks of 
" calumnia," and of the nimis callida et malitiosa 
juris interpretation as things related. Gaius says, 
Calumnia in adfectu est, sicut furti crimen ; the 
criminality was to be determined by the intention. 

When an accuser failed in his proof, and the 
reus was acquitted, there might be an inquiry into 
the conduct and motives of the accuser. If the per- 
son who made this judicial inquiry (qui cognovit), 
found that the accuser had merely acted from error 
of judgment, he acquitted him in the form non pro- 
basti ; if he convicted him of evil intention, he de- 
clared his sentence in the words calumniatus es, 
which sentence was followed by the legal punish- 
ment. 

According to Marcian, the punishment for ca- 
lumnia was fixed by the lex Remmia, or, as it is 
sometimes, perhaps incorrectly, named, the lex 
Memmia. (Val. Max. iii. 7. § 9.) But it is not 



CAMARA. 



CANATHRON 



235 



known when this lex was passed, nor what were its 
penalties. It appears from Cicero (Pro Hejt. 
Hose. Amerino, c. 20), that the false accuser might 
be branded on the forehead with the letter K, the 
initial of Kalumnia ; and it has been conjectured, 
though it is a mere conjecture, that this punish- 
ment was inflicted by the lex Rcmmia. 

The punishment for calumnia was also exsilium, 
relcgatio in insulam, or loss of rank (ordinis amis- 
sio) ; but probably only in criminal cases, or in 
matters relating to a man's civil condition. (Paulus, 
Sentent. Uecept. v. 1. 5, v. 4. 1 1.) 

In the case of actiones, the calumnia of the actor 
was checked by the calumniac judicium, the judi- 
cium contrarium, the jusjurandum calumniae, and 
the restipulatio ; which are particularly described 
by Gaius (iv. 17-1 — liil). The defendant might 
in all cases avail himself of the calumniae judicium, 
by which the plaintiff, if he was found to be guilty 
of calumnia, was mulcted to the defendant in the 
tenth part of the value of the object-matter of the 
suit. But the actor was not mulcted in this action, 
unless it was shown that he brought his suit with- 
out foundation, knowingly and designedly. In the 
contrarium judicium, of which the defendant could 
Only avail himself in certain cases, the rectitude of 
the plaintiff's purpose did not save him from the 
penalty. Instead of adopting either of these modes 
of proceeding, the defendant might require the 
plaintiff to take the oath of calumnia, which was 
to the effect, Se non calumniae causa agere. In some 
cases the defendant also was required by the 
praetor to swear that he did not dispute the 
plaintiff's claim, calumniae causa. Generally speak- 
ing, if the plaintiff put the defendant to his oath 
(ju.-jurandum ei dr/crebat), the defendant might 
put the plaintiff to his oath of calumny. (Dig. 12. 
tit 2. s. 37.) In some actions, the oath of ca- 
lumny on the part of the plaintiff was a necessary 
preliminary to the action. In all judicia publica, 
it seems that the oath of calumnia was required 
from the accuser. 

If the restipulationis poena was required from 
the actor, the defendant could not have the benefit 
of the calumniac judicium, or of the oath of calumny ; 
and the judicium contrarium was not applicable to 
such cases. 

The edict Do Calumniatoribus (Dig. 3. tit 6.) 
applied generally to those who received money, 
calumniac causa, for doing an act or abstaining 
from doing an act The edict applied as well to 
publica crimina as to pecuniariac causae ; for in- 
stance in the matter of repctundac the edict ap- 
plied to him who for calumnia received money 
on the terms of prosecuting or not prosecuting a 
person. This edict provided for some cases, as 
threats of procedure against a man to extort 
money, which were not within the cases provided 
fur by the edict, Quod mctus causa ( Dig. 4. 
tit. 2.) [O. L.] 

CAMARA (xaudpa), or CAMERA, properly 
signifies any arched or vaulted covering, and any 
thing with such a covering: Herodotus, for in- 
stance, calls a covered carriage xdfiapa (i. 190). 
It is chiefly used in the two following senses: — 

I. An arched or vaulted ceiling funned by semi- 
circular bands or beams of wood, over the intervals 
of which a coating of lath and plaster was spread, 
resembling in construction the hooped awnings in 
use amongst us. (V'itniv. vii. .1 ; Sail. Cat. .'<!! ; 
Cir. ad fr. iii. 1. § 1 ; comp. Plin. //. N. 



xvL 36. s. 64.) Under the emperors camarae were 
formed with plates of glass (Plin. H. N. xxxvi. 25. 
s. 64) ; sometimes also the beams were gilt, and 
the ceiling between them was made of ivory. 
(Propert. iii. 2. 10.) 

2. Small boats used in early times by the people 
who inhabited the shores of the Euxine and the 
Bosporus, and called Ka/idpat, from their having 
a broad arched deck. They were made with both 
ends alike so as to work in either direction without 
turning ; and were put together without iron. They 
continued in use until the age of Tacitus, by whom 
their construction and uses are described. (Strab. 
xi. p. 495 ; Eustath. ad Dionys. Pcricg. 700 ; Aul. 
Gell. x. 25 ; Tac. Hist, iii. 47. Respecting the 
other uses of the word see Seiler and Jacobitz, 
Handicorterbuch d. Griech. Sprac/ic.) [P. S.] 

CAMILLI, CAMILLAS, boys and girls, em- 
ployed in the religious rites and ceremonies of the 
Romans. They were required to be perfect in 
form, and sound in health, free born, and with 
both their parents alive ; or, in other words, ac- 
cording to the expression of the Romans, pueri sen 
puellae ingeuui, felicissimi, patrimi matrimique. 
The origin of these words gave rise to various 
opinions among the ancients. Dionysius supposed 
them to correspond to the ko5/iiAoi among the 
Curetes and Corybantes ; others connected them 
with Cadmilus or Casmilus, one of the Samothra- 
cian Cabeiri ; but we know nothing certain on the 
matter. Respecting the employment of the Camil- 
lus at Roman marriages, see MaTRJ.mo.viI'M. 
(Dionys. ii. 21, 22; Varr. L. L. vii. 34, ed. Miil- 
ler; Macrob. Hut. iii. 8; Serv. ad Virg. Aen. xi. 
543; Festus, I. vv. Camillus, Cumera, Flaminius 
Camillus ; Hartung, Die Religion der Hunter, vol. i. 
p. 157, vol. ii. p. 71.) 

CA'MPAGL'S, a kind of shoe worn by the later 
Roman emperors. (TrebclL Poll Galliai. 16, with 
the note of Salmasius.) 

CAMI'NUS. [Domus] 

C'AMPESTRE (sc. subligar) wasa kind of girdle 
or apron, which the Roman youths wore around 
their loins, when they exercised naked in the 
Campus .Martin- (Augustin. De Civ. Dei, xiv. 17). 
The campestrc was sometimes worn in warm wea- 
ther in place of the tunic under the toga (camprstri 
tub toga ductus, Ascon. ad Cic. pro Scauro, p. 30. 
ed. OldL; II or. Bp. i. 11. 18.) 

CAMPIDOCTO'RES were persons who taught 
soldiers their exercises. (Vcgct i. 13.) In the 
times of the republic this duty was discharged by 
a centurion, or veteran soldier of merit and distinc- 
tion. (Comp. Plin. I'un. 13.) 

CA'NABUS (niyaSoi), was n figure of wood 
in the form of a skeleton, round which the clay or 
plaster was laid in forming models. Figures of 
a similar kind, formed to display the muscles and 
veins, were studied by painters in order to acquire 
some knowledge of anatomy. (Ari-a. Hist. Anim. 
iii. 5, lie Gen. Anim. ii. 6; Pollux, vii. 164, x. 
189; Suid. and Ilcsych. t. v. ; Miillcr, Areh'dol. 
der h'unst, jj 305. n. 7.) 

CANA'LIS, and the diminutive Canaliculus, 
which signify a water-pipe or gutter, are used also 
in architecture for any channel, Mich as the (lutings 
of a column, and the channel between the volutes 
of an Ionic capital (V'itniv. x. 14, iii. 3). [P. S. | 

CANATHRON ( KayaBpov), a carriage, the up- 
per |>art of which wns made of baiket-work, or 
more projierly the basket itself, which was fixed in 



236 



CANDELABRUM. 



CANDELABRUM. 



the carriage. (Xen. Ages. viii. 7; Plut. Ages. c. 19.) 
Homer calls this kind of basket ireipies. (II. xxiv. 
190, 267; and Eustath. adloc. Compare Sturtz, 
Lex. Xenoph. s. v. KdvaSpoy ; Scheffer, De Re 
Veliie. p. 68.) 

CANCELLA'RIUS. [Cancelli.] 

CANCELLI, lattice-work, placed before a win- 
dow, a door- way, the tribunal of a judge, or any 
other place. (See e. g. Cic. pro Sest. 58 ; Varr. 
R. R. iii. 5 ; Ov. Am. iii. 2. 64 ; Dig. 30. tit. 41. 
S. 10 ; 33. tit. 7. s. 10.) Hence was derived the 
word Cancellarius, which originally signified a 
porter, who stood at the latticed or grated door of 
the emperor's palace. The emperor Carinus gave 
great dissatisfaction by promoting one of his Can- 
cellarii to be Praefectus urbi. (Vopisc. Carin. 16.) 
The cancellarius also signified a legal scribe or 
secretary, who sat within the cancelli or lattice- 
work, by which the crowd was kept off from the 
tribunals of the judges. (Cassiod. Var. xi. 6.) 
The chief scribe or secretary was called Cancellarius 
ko,t Qoxh v , and was eventually invested with 
judicial power at Constantinople ; but an account 
of his duties and the history of this office do not 
fall within the scope of the present work. From 
this word has come the modern Chancellor. 

CANDE'LA, a candle, made either of wax 
(cerea) or tallow (sebacea), was used universally 
by the Romans before the invention of oil lamps 
(lucernae). (Varr. De Ling. Lot. v. 119, ed. Miil- 
ler; Martial, xiv. 43 ; Athen. xv. p. 700.) They 
used for a wick the pith of a kind of rush called 
scirpus (Plin. H. N. xvi. 70). In later times can- 
delae were only used by the poorer classes ; the 
houses of the more wealthy were always lighted 
by lucernae (Juv. Sat. iii. 287 ; Becker, Gallus, 
vol. ii. p. 201). 

CANDELA'BRUM, was originally a candle- 
stick, but was afterwards used to support lamps 
(h.vxvovxos), in which signification it most com- 
monly occurs. The candelabra of this kind were 
usually made to stand upon the ground, and were 
of a considerable height. The most common kind 
were made of wood (Cic. ad Qu. Fr. iii. 7 ; Martial, 
xiv. 44; Petron. 95 ; Athen. xv. p. 700) ; but those 
which have been found in Herculaneum and Pom- 
peii are mostly of bronze. Sometimes they were 
made of the more precious metals and even of 
jewels, as was the one which Antiochus intended 
to dedicate to Jupiter Capitolinus. (Cic. Verr. iv. 
28.) In the temples of the gods and palaces there 
were frequently large candelabra made of marble, 
and fastened to the ground. (Museo Pio-Clem. iv. 
1. 5, v. 1. 3.) 

There is a great resemblance in the general plan 
and appearance of most of the candelabra which 
have been found. They usually consist of three 
parts : — 1. the foot (ySdtris) ; 2. the shaft or stem 
(itav\6s) ; 3. the plinth or tray (Sktk6s), large 
enough for a lamp to stand on, or with a socket to 
receive a wax candle. The foot usually consists 
of three lions' or griffins' feet, ornamented with 
leaves ; and the shaft, which is either plain or 
fluted, generally ends in a kind of capital, on 
which the tray rests for supporting the lamp. 
Sometimes we find a figure between the capital and 
the tray, as is seen in the candelabrum on the 
right hand in the annexed woodcut, which is taken 
from the Museo Borbonico (iv. pi. 57), and repre- 
sents a candelabrum found in Pompeii. The one 
on the left hand is also a representation of a 



candelabrum found in the same city (Mus. Borb. 
vi. pi. 61), and is made with a sliding shaft, by 
which the light might be raised or lowered at 
pleasure. 




The best candelabra were made at Aegina and 
Tarentum. (Plin. H. N. xxxiv. 6.) 

There are also candelabra of various other forms, 
though those which have been given above are by 
far the most common. They sometimes consist of 




CANDYS. 

a figure supporting a lamp (A/us. Borb. vii. pi. 1 5), 
or of a figure, by the side of which the shaft is 
placed with two branches, each of which termi- 
nates in a flat disc, upon which a lamp was placed. 
A candelabrum of the latter kind is given in the 
preceding woodcut {Mas. Borb. iv. pi. 59). The 
stem is formed of a liliaceous plant ; and at the 
base is a mas3 of bronze, on which a Silenus is 
seated engaged in trying to pour wine from a skin 
which he holds in his left hand, into a cup in his 
right. 

There was another kind of candelabrum, entirely 
different from those which have been described, 
which did not stand upon the ground, but was 
placed upon the table. These candelabra usually 
consist of pillars, from the capitals of which several 
lamps hang down, or of trees, from whose branches 
lamps also are suspended. The following wood- 
cut represents a very elegant candelabrum of this 
kind, found in Pompeii. (Mus. Borb. ii. pi. 13.) 

The original, including the stand, is three feet 
high. The pillar is not placed in the centre, but 
at one end of the plinth, which is the case in al- 
most every candelabrum of this description yet 




found. The plinth is inlaid in imitation of a vine, 
thr leave* of which are of silver, the Btem and fruit 
of bright bronze. On one side is an altar with 
wood and fire upon it ; and on the other a Bacchus 
riding on a tiger. (Becker, Callus, vol. ii. p. 206, 
Ac.) 

CANDIDA'TUS. [Ambitus.1 

CANDYS (xdvtvi), a gown worn by the MeHes 
and Persians over their trowsers and other (jar- 
BMnta. (Xen. ( >r. i. 3. 8 2, Anal,, i. 5. § H ; Diod. 
Sic. xrii. 77.) It had wide sleeves, and was made 
of woollen cloth, which was either purple or of 
some other splendid colour. In the Pcmepolitan 
sculpture*, nearly all the principal personages 
are clothed in it The three here shown are 
taken from Sir K. K. Porter's Travels (vol. i. pi. 
94). [J. Y.] 



CANTHARUS. 237 




CAXE'PHOROS ((c<w7)<f>opos). When a sacri- 
fice was to be offered, the round cake (Tpoxi'a 
(pflots, v6itavov, oAVj, mola salsa), the chaplet 
of flowers, the knife used to slay the victim, and 
sometimes the frankincense, were deposited in a 
flat circular basket (Kaveov, canistrum), and this 
was frequently carried by a virgin on her head to 
the altar. The practice was observed more espe- 
cially at Athens. ^Yhen a private man sacrificed, 
cither his daughter, or some unmarried female of 
his family, officiated as his canephoros (Aristoph. 
Ae/iurn. 241 — 252) ; but in the Panathenaea, the 
Dionysia, and other public festivals, two virgins of 
the first Athenian families were appointed for the 
purpose. Their function is described by Ovid 
{Met. ii. 713—715). 

That the office was accounted highly honourable 
appears from the fact, that the resentment of Har- 
ruodius, which instigated him to kill Hipparchus, 
arose from the insult offered by the latter in for- 
bidding the sister of Harmodius to walk as cane- 
phoros in the Panathenaic procession. (Thucyd. 
vi. 5G ; Aelian, V. II. x\. 8.) An antcfixa in the 
British Museum (sec woodcut) represents the two 
canephoro? approaching a candelabrum. Each of 
them elevates one arm to support the basket, while 




•he slight'y raise* her tunic with the other. This 
attitude was much admired by ancient artists. 
Pliny (//. iV. xxxvi. 4. s. 7) mentions a marble 
canephoros by .Scopas, and Cicero ( I err. iv. 3) 
describes a fair in bronze, which were the exquisite 

work of PolycletM. IC'aiiyatis.] [J. Y.] 
('ANIST IM'M. ICanki'iiohon.] 
CANTABIM M, a standard used at the time 
of the Roman empire, and carried in festive pro- 
cessions. (Tertul!. AjxJ. Hi; Mimic. Felix, 2!).) 

CANTK'KII il used by Yitmvius (iv. 2) for 
the rafter* of the roof, extending from the ridge to 
the cave*. [PS] 

(.'A'NTII AIM'S (ndvOapot) wn» n kind of 
drink intfeup. famished with handles (raiitbnrun 

mua, Vnrg. BcL vi. 17 ; Bar. c<irm. i. It is 

said by some writer* to hnve derived its nnmo 
from on.- Can than*, who first made cups of this 



238 



CAPISTRUM. 



CAPSA. 



form. (Athen. xi. p. 474, e ; Pollux, vi. 96 ; 
Plin. H. N. xxxiv. 19. § 25.) The cantharus was 
the cup sacred to Bacchus (Macrob. Sat. v. 21 ; 
Plin. H. N. xxxiii. 53), who is frequently repre- 
sented on ancient vases holding it in his hand, as 
in the following woodcut, which is taken from a 
painting on an ancient vase. (Millingen, Pein- 
tures Antiques, pi. 53.) 




CA'NTICUM. In the Roman theatre, between 
the first and second acts, flute music appears to 
have been introduced (Plaut. Pseudol. i. 5. 160), 
which was accompanied by a kind of recitative, 
performed by a single actor, or if there were two, 
the second was not allowed to speak with the first. 
Thus Diomedes (iii. p. 489. ed. Putsch.) says : — 
" In canticis una tantum debet esse persona, aut si 
duae fuerint, ita debent esse, ut ex occulto una 
audiat nec colloquatur, sed secum, si opus fuerit, 
verba faciat." In the canticum, as violent gesti- 
culation was required, it appears to have been the 
custom, from the time of Livius Andronicus, for 
the actor to confine himself to the gesticulation, 
while another person sang the recitative. (Liv. 
viii. 2 ; Lucian, De Saltat. 30 ; Isidor. Orig. xviii. 
44.) The canticum always formed a part of a 
Roman comedy. Diomedes observes that a Roman 
comedy consists of two parts, dialogue and canticum 
(Latinae comoediae duobus tantum membris constant, 
diverbio el cantico). Wolf (Dc Canticis, p. 1 1 ) 
endeavours to show that cantica also occurred in 
tragedies and the Atellanae fabulae. There can 
l>e no doubt that they did in the latter ; they 
were usually composed in the Latin, and sometimes 
in the Greek language, whereas the other parts of 
the Atellane plays were written in Oscan. 

CAPISTRUM (<pop€eid), a halter, a tie for 
horses, asses, or other animals, placed round the 
head or neck, and made of osiers or other fibrous 
materials. In representations of Bacchanalian pro- 
cessions the tigers or panthers are attached to the 
yoke by capistra made of vine-branches. Thus we 
read of the vite capistratae tiyres of Ariadne (Ovid, 
Epist. ii. 80 ; Sidon. Apoll. Carrn. xxii. 23), and 



they are seen on the bas-relief of a sarcophagus in 
the Vatican representing her nuptial procession. 
See the annexed woodcut. 




The term <pop§eid was also applied to a contriv- 
ance used by pipers (ouAijTal) and trumpeters to 
compress their mouths and cheeks, and thus to aid 
them in blowing. It is often seen in works of 
ancient art [Chiridota], and was said to be the 
invention of Marsyas. (Simonides, Brunch. An. 
i. 122 ; Sophocles, ap. Oic. ad Att. ii. 16 ; Aris- 
toph. Av. 862, Vesp. 580, Eq. 1147; Schol. ad 
«•) [J. Y.] 

CAPITA'LIS. [Caput.] 
CA'PITE CENSI. [Caput.] 
CA'PITIS DEMINU'TIO. [Caput.] 
CAPI'TIUM, a portion of a woman's dress, 
said by Varro to be so called, because it covers 
(capit) the breast. (Varr. L. L. v. 131, ed. Miiller, 
and De Vita P. R. iv. ap. Nonium, s. v. capitia ; 
comp. Gell. xvi. 7 ; Dig. 34. tit. 2. s. 24.) -But 
the word itself would rather lead us to suppose 
that it was originally a covering for the head 
(caput). 

CAPITOLI'NI LUDI. [Ludi.] 

CAPI'TULUM. [Columna.] 

CAPSA (dim. CA'PSULA), or SCRI'NIUM, 
the box for holding books among the Romans. 
These boxes were usually made of beech-wood 
(Plin. H. N. xvi. 43. s. 84), and were of a cylin- 
drical form. There is no doubt respecting their 
form, since they are often placed by the side of 
statues dressed in the toga. The following wood- 
cut, which represents an open capsa with six rolls 
of books in it, is from a painting at Pompeii. 




There does not appear to have been any dif- 
ference between the capsa and the scrinium, except 
that the latter word was usually applied to those 
boxes which held a considerable number of rolls 
(scrinia da magnis, Mart. i. 3). Boxes used for 
preserving other things besides books, were also 
called capsae (Plin. H.N. xv. 17- s. 18 ; Mart. xi. 
8), while in the scrinia nothing appears to have 
been kept but books, letters, and other writings. 



CAPUT. 



CAPUT. 



239 



The slaves who had the charge of these hook- 
chests were called capsarii, and also custodes scri- 
niorum ; and the slaves who carried in a capsa 
behind their young masters the books, &c. of 
the sons of respectable Romans, when they went 
to school, were also called capsarii. (Juv. x. 117.) 
AVe accordingly find them mentioned together with 
the paedagogi. (Suet. Ner. 36.) 

When the capsa contained books of importance, 
it was sealed or kept under lock and key (Mart. i. 
67) ; whence Horace (£/>. i. 20. 3) says to his 
work, Odisti elates, et ijrata sigMa pudieo. ( Becker, 
(Jail us, vol. L p. 191 ; Bbttiger, SaLina, vol. i. 
p. 102, &c.) 

CAPSA'RII, the name of three different classes 
of slaves : — 1. Of those who took care of the 
clothes of persons while bathing in the public 
baths. [Balneae, p. 189.] In later times they 
were subject to the jurisdiction of the praefectus 
vigilum. (Dig. 1. tit 15. s. 3.) 2. Of those who 
had the care of the capsae, in which books and 
letters were kept. [Capsa.] 3. Of those who 
carried the books, &c. of boys to school. [Capsa.] 

CA'PSULA. [Capsa.] 

CA'PULUS (xdmv, ^aSri). 1. The hilt of a 
sword, which was frequently much ornamented. 
[Gladius.] The handles of knives were also 
much ornamented ; and of the beautiful work- 
manship sometimes bestowed on them, a judgment 




may be formed from the three specimens here in- 
troduced. (Montfaucon, Ant. Eapliquie, iii. 122. 
pi. 61.) 

2. A bier or coffin. [Fu.nus.] 

CAPUT, the head. The term " head " is oft. n 
used by the Roman writer* as equivalent to " per- 
son," or " human being." (Caes. It'll. Call. iv. 1.1.) 
llv an May transition, it was used to signify " life : " 
thus, capita damnari, plccti, Ate. arc equivalent to 
capital punishment. 

Caput is also used to express a man's civil con- 
dition ; and the persons who were registered in the 
tables of the censor nre spoken of as capita, some- 
times with the addition of the word avium, and 
sometimes not. (Liv.iii. 24, x. 47.) Thus to be 
registered in the census was the same thing as 
ra/mt lialmre : and a slave and a filius familias, in 
this sense of the word, were said to have no caput. 
The lowest century of Senilis Tullius comprised 
the pruletnrii and the capita censi, of whom the 



latter, having little or no property, were barely 
rated as so many head of citizens. (Gell. xvi. 10; 
Cic. Be Rep. ii. 22.) 

He who changed his condition for an inferior 
one was said to be capite minutus, deminutus, or 
capitis minor. (Hor. Carm. iii. 5. 42.) The phrase 
se capite deminuere was also applicable in case of a 
voluntary change of condition. (Cic. Top. c. 4.) 
The definition of Festus (s. v. deminutus) is, " De- 
minutus capite appellatur qui civitate mutatus est ; 
et ex alia familia in aliam adoptatus, et qui liber 
alteri mancipio datus est : et qui in hostium potes- 
tatera venit : et cui aqua et igni interdictum est." 
There has been some discussion whether we should 
use capitis deminutio or diminutio, but it is indif- 
ferent which we write. 

There were three divisions of Capitis deminutio 
— Maxima, Media, sometimes called Minor, and 
Minima. The maxima capitis deminutio consisted 
in the loss of libcrtas (freedom), in the change of 
the condition of a free man (whether ingenuus or 
libertinus) into that of a slave. The media con- 
sisted in the change of the condition of a civis 
into that of a peregrinus, as, for instance, in the 
case of deportatio under the empire ; or the 
change of the condition of a civis into that of a 
Latinus. The minima consisted in the change of 
the condition of a pater familias into that of a filius 
familias, as by adrogation, and, in the later law, 
by legitimation ; and in a wife in manu, or a 
filius familias coming into mancipii causa ; con- 
sequently, when a filius familias was emancipated 
or adopted, there was a capitis deminutio, for both 
these ceremonies were inseparably connected with 
the mancipii causa (cum emancipari nemo possit 
nisi in imaginariam servilem causam deductus. 
Gaius, i. 134, 162). This explains how a filius 
familias, who by emancipation becomes sui juris, 
and thus improves his social condition, is still said 
to have undergone a capitis deminutio ; which ex- 
pression, as observed, applies to the form by which 
the emancipation is effected. 

Capitis minutio, which is the same as deminutio, 
is defined by Gaius (Dig. 4. tit. 5. s. 1) to be 
status pcrmutatio ; but this definition is not suf- 
ficiently exact. That capitis deminutio which had 
the most consequence was the maxima, of which 
the media or minor was a milder form. The 
minima, as already explained, was of a technical 
character. The maxima capitis demimitio was 
sustained by those who refused to be registered at 
the census, or neglected the registration, and were 
thence called incensi. The incenstis was liable to 
be sold, and so to lose his liberty ; but this being 
a matter which concerned citizenship and freedom, 
such penalty could not be inflicted directly, and 
the object was only effected by the fiction of the 
citizen having himself abjured his freedom. Those 
who refused to perform military service might also 
be sold. (Cic. I'ro Can-ma, 3 1 ; Ulp. /•>«//. xi. 1 1.) 
A Ramm citizen who was taken prisoner by the 
enemy, lost his civil rights, together with his 
liberty, but he might recover them on returning to 
his country. [POSTLIMINIUM.] Persons con- 
demned to ignominious punishments, as to the 
mines, sustained the maxima capitis deminutio. A 
free woman who cohabited with a slave, after 
notice given to her by the owner of the slave, be- 
came an ancillo, by a senatus-consultum, passed in 
tin- time of Claudius. (Ulp. /•>«'/. xi. 11; com- 
pare Tucit. Ann. xii. 53, and Suet. Fmp. 1 1.) 



240 



CARCER. 



CARCER. 



A judicium capitale, or poena capitalis, was one 
which affected a citizen's caput. The subject of 
the Capitis deminutio is fully discussed by Becker, 
Handbuch der Romischen Alterthumer, vol. ii. 
p. 1 00 ; and by Savigny, System, &c. vol. ii. p. 68, 
&c. [G.L.] 

CAPUT. TFenus.1 

CAPUT EXTORUM. The Roman sooth- 
sayers (haruspices) pretended to a knowledge of 
coming events from the inspection of the entrails of 
victims slain for that purpose. The part to which 
they especially directed their attention was the 
liver, the convex upper portion of which seems to 
have been called the caput extorum. (Plin. H. A', xi. 
37. s. 73.) Any disease or deficiency in this organ 
was considered an unfavourable omen ; whereas, 
if healthy and perfect, it was believed to indicate 
good fortune. The haruspices divided it into two 
parts, one called familiaris, the other hostilis : from 
the former, they foretold the fate of friends ; from 
the latter, that of enemies. Thus we read (Li v. 
viii. 9), that the head of the liver was mutilated 
by the knife of the operator on the " familiar " 
part (caput jecinoris a familiari parte caesum), 
which was always a bad sign. But the word 
" caput " here seems of doubtful application ; for it 
may designate either the convex upper part of the 
liver, or one of the prominences of the various lobes 
which form its lower and irregularly concave part. 
It is, however, more obvious and natural to under- 
stand by it the upper part, which is formed of two 
prominences, called the great and small, or right 
and left lobes. If no caput was found, it was a 
bad sign (nihil tristius accidere potuit) ; if well de- 
fined or double, it was a lucky omen. (Cic. De 
Div. ii. 12, 13 ; Liv. xxvii. 26.) [R.W.] 

CARACALLA was an outer garment used in 
Gaul, and not unlike the Roman lacerna. [La- 
cerna.] It was first introduced at Rome by the 
emperor Aurelius Antoninus Bassianus, who com- 
pelled all the people who came to court to wear it, 
whence he obtained the surname of Caracalla. 
(Aurel. Vict. JSpit. 21.) This garment, as worn 
in Gaul, does not appear to have reached lower 
than the knee, but Caracalla lengthened it so as to 
reach the ankle. It afterwards became common 
among the Romans, and garments of this kind 
were called caracallae Antonianae, to distinguish 
them from the Gallic caracallae. (Aurel. Vict. De 
Caes. 21 ; Spartian. Sev. 21, Anton. Car. 9.) It 
usually had a hood to it, and came to be worn by 
the clergy. Jerome (Ep. 128) speaks of palliolum 
mirae pulcliritudinis in modum caracallarum sed 
absque cucullis. 

CARBA'TINA. [Pero.] 

CARCER (kerker, German ; yopyipa, Greek), 
a prison. This word is connected with ep/cos and 
e'lpyw, the guttural being interchanged with the 
aspirate. 

1. Greek. — Imprisonment was seldom used 
among the Greeks as a legal punishment for 
offences ; they preferred banishment to the expense 
of keeping prisoners in confinement. We do, in- 
deed, find some cases in which it was sanctioned 
by law ; but these are not altogether instances of 
its being used as a punishment. Thus the farmers 
of the duties, and their bondsmen, were liable to 
imprisonment if the duties were not paid by a 
specified time ; but the object of this was to pre- 
vent the escape of defaulters, and to insure regu- 
larity of payment. (Bbckh, Publ. Econ. of Alliens, 



p. 339, &c.) Again, persons who had been mulcted 
in penalties might be confined till they had paid 
them. (Dem. c. Mid. p. 529. 26.) The arijj.01 
also, if they exercised the rights of citizenship, 
were subject to the same consequences. (Dem. 
c. Timocr. p. 732. 17.) Moreover, we read of a 
Seo-juJj for theft ; but this was a irpoo-rt/xiifia, or 
additional penalty, the infliction of which was at 
the option of the court which tried the case ; and 
the Sea/u.6s itself was not an imprisonment, but a 
public exposure in the tvoZok.6.kki], or stocks, for 
five days and nights — the to h> lyXa 5eSe'cr0ai. 
Still the idea of imprisonment per se, as a punish- 
ment, was not strange to the Athenians. Thus we 
find that Plato (Leg. x. p. 908) proposes to have three 
prisons : one of these was to be a aatypovio-Thpiov, 
or penitentiary, and another a place of punishment 
— a sort of penal settlement away from the city. 

The prisons in different countries were called by 
different names : thus there was the ' AvayKaiov, 
in Boeotia ; the K4pa/xos, at Cyprus ; the Kas, at 
Corinth ; and, amongst the Ionians, the yopyvpa, 
as at Samos. (Herod, iii. 145; Pollux, ix. 45.) 
The prison at Athens was in former times called 
SeaixaTripiov, and afterwards, by a sort of euphe- 
mism, oXurifia. It was chiefly used as a guard-house, 
or place of execution, and was under the charge of 
the public officers called the eleven, oi eVSerea. 
One gate in the prison, through which the con- 
demned were led to execution, was called to 
Xapwvewv. (Pollux, viii. 103 ; Wachsmuth, Hell. 
Alterthumsh vol. ii. pp. 141, 201, 2d ed.) 

The Attic expression for imprisonment was 5e?f. 
Thus in the oath of the PovAzvral, or senators, 
occurs the phrase ovdh S^o*w 'A8r]yalav ovbeva. 
Hence we have the phrase &$zo-p.os </>uAa«^ (Thuc. 
iii. 34), the " libera custodia " of the Romans, sig- 
nifying that a party was under strict surveillance 
and guard, though not confined within a prison. 

2. Roman. — A career, or prison, was first built 
at Rome by Ancus Martius, overhanging the 
forum. (Liv. i. 33.) This was enlarged by 
Servius Tullius, who added to it a souterrain, or 
dungeon, called from him the Tullianum. Sallust 
(Cat. 55) describes this as being twelve feet under 
ground, walled on each side, and arched over with 
stone work. For a long time this was the only 
prison at Rome (Juv. Sat. iii. 312), being, in fact, 
the " Tower," or state prison of the city, which 
was sometimes doubly guarded in times of alarm, 
and was the chief object of attack in many con- 
spiracies. (Liv. xxvi. 27, xxxii. 26.) Varro 
(L. L. v. 151, ed. Miiller) tells us that the Tul- 
lianum was also named " Lautumiae," from some 
quarries in the neighbourhood ; or, as others think 
in allusion to the " Lautumiae " of Syracuse, a 
prison cut out of the solid rock. In later times 
the whole building was called the " Mamertine." 
Close to it were the Scalae Gemoniae, or steps, 
down which the bodies of those who had been 
executed were thrown into the Forum, to be ex- 
posed to the gaze of the Roman populace. (Cramer, 
Ancient Italy, vol. i. p. 430.) There were, how- 
ever, other prisons besides this, though, as we 
might expect, the words of Roman historians gene- 
rally refer to this alone. One of these was built by 
Appius Claudius, the decemvir, and in it he was 
himself put to death. (Liv. iii. 57 ; Plin. N. 
vii. 36.) 

The career of which we are treating, was chiefly 
used as a place of confinement for persons under 



CARDO. 

accusation, till the time of trial ; and also as a 
place of execution, to which purpose the Tullianum 
was specially devoted. Thus, Sallust (I. e.) tells 
us that Lentulus, an accomplice of Catiline, was 
hanged there. Livy also (xxix. 22) speaks of a 
conspirator hcing delegatus in Tullianum, which 
in another passage (xxxiv. 44), is otherwise ex- 
pressed by the words in inferiorem demissus car- 
cerem, necalusque. 

The same part of the prison was also called 
" robur, ™ if we may judge from the words of 
Fcstus : — Robur in carcere dicitur is locus, quo 
praecipitatur tnaleficorum genus. This identity is 
further shown by the use made of it ; for it is 
spoken of as a place of execution in the following 
passages: — f tt robore et tenebris exspirare (Liv. 
xxxviii. 59; Sallust, I. c. ). Robur el saxum (sc. 
Tarpeium) minitari (Tacit. Ann. iv. 29). So also 
we read of the catenas — et Ilalum robur. (Hor. 
CW ii. 13. 18.) [R.W.] 

CA'RCERES. [Circus.] 

CARCHE'SIUM (napxhoiov). 1. A beaker 
or drinking-cup, which was used by the Greeks in 
very early times, so that one is said to have been 
given by Jupiter to Alcmena on the night of his 
visit to her. (Pherccydes, p. 97—100, ed. Sturtz. ) 
It was slightly contracted in the middle, and its 
two handles extended from the top to the bottom. 
( Athen. xi. p. 474 ; Macrob. Sal. v. 21.) It was 
much employed in libations of blood, wine, milk, 
and honey. (Sappho, Fraij. 70, cd. Neue ; Virg. 
C-org. iv. 380, Am. v. 77 ; Ovid, Met. vii. 246 ; 
Stat AdtUL ii. 6.) The annexed woodcut repre- 
sents a magnificent carchesium, which was pre- 
sented by Charles the Simple to the Abbey of 
St. Dcnys. It was cut out of a single agate, and 




richly engraved with representations of bacchana- 
lian subjects. It held considerably more than a 
pint, and its handles were so large as easily to 
admit a man's hand. 

2. The upper part of the mast of a ship. 
[Navis.) 

CARDO (daipo's, trrpo<pfiii, irrpiipiy^, ylyyKv- 
fiot), a hinge, a pivot The first figure in the an- 
nexed woodcut is de.igned to show the general 
form of a door, as we find it with a pivot at the 
top and bottom (a, b) in ancient remains of stone, 
marble, wood, ami bronze. The second figure re- 
presents a bronze hinge in the Kgyptian collection 
of the British Museum: its pivot (A) is exactly 
cylindrical. Under these is drawn the threthnM 
of a temple, or other large edifice, with the plan of 
the folding doors. The pivots move in holes fitted 
to receive them ('', b), each of which is in an angle 



CARXEIA. 241 
behind the antepagmentum (marmoreo aeratus 




stridens in limine cardo, Virg. Ciris, 222 ; Eurip. 
Phoen. 114—116, Schol. ad loc.). 

The Greeks and Romans also used hinges ex- 
actly like those now in common use. Four Roman 
hinges of bronze, preserved in the British Museum, 
are here shown. 




The form of the door above delineated makes it 
manifest why the principal line laid down in sur- 
veying land was called " cardo " (Festus, s. e. De- 
cumanus ; Isid. Orig. xv. 14); and it further ex- 
plains the application of the same term to the 
North Pole, the supposed pivot on which the 
heavens revolved. (Varr. l)c Re Rust. i. 2 ; Ovid, 
Ex Ponto, ii. 10. 45.) The lower extremity of 
the universe was conceived to turn upon another 
pivot, corresponding to that at the bottom of the 
door (Cic. De Nat. Deor. ii. 41 ; Vitruv. vi. 1, 
;x. 1) ; and the conception of these two principal 
points in geography and astronomy led to the ap- 
plication of the same term to the East and Wot 
also. (Lucan. v. 71.) Hence our "four points of 
the compass " are called by ancient writers t/uatuor 
cardines orliis terrarum, and the four principal 
winds, N. S. E. and W., are the cardinalrs vrnti. 
(S. tv. ad Aen. i. 85.) [J. Y.] 

CARI'NA. [Navis.] 

CAR M E N T A ' L I A, an old Roman festival ce- 
lebrated in honour of the nymph Carmenta or 
Cnrmentis, for an account of whom nee hu t. of 
Uiog. t. v. Camenae. This festival was celebrated 
annually on the 11th nnd the 15th of January, 
and no other particulars of it are recorded execpt 
that Carmenta was in Yoked in it as I'ontmrla nnd 
Antcvorta, epithets which had reference to her 
power of looking hack into the past and forward 
into the future. The festival was chiefly observed 
by women. (Ov. past. i. 634 ; Macrob. Sat. i. 7; 
dell xvi. 16 ; Sen-. "</ Virg. Am. viii. 339 j Ilar- 
tUDgi DU Krligion drr liumcr, vol. ii. p. 199.) 

CAHNKIA (xapvua), a great national festival, 
celebrated by the Spartans in honour of Apollo 



242 



CARNIFEX. 



CARPENTUM. 



Carneios, which, according to Sosibius (ap. Athen. 
xiv. p. 635), was instituted Olymp. xxvi. ; although 
Apollo, under the name of Carneios, was worshipped 
in various places of Peloponnesus, particularly at 
Amyclae, at a very early period, and even before 
the Dorian migration. (Miiller, Dor. i. 3. § 8. and 
ii. 8. § IS.) Wachsmuth {Hellen. Alterthumsk. ii. 
p. 582, 2d ed.), referring to the passage of Athe- 
naeus, above quoted, thinks that the Cameia had 
long before been celebrated ; and that when, in 
Olymp. xxvi., Therpander gained the victory, 
musical contests were only added to the martial 
solemnities of the festival. But the words of 
Athenaeus, who is the only authority to which 
Wachsmuth refers, do not allow of such an inter- 
pretation, for no distinction is there made between 
earlier and later solemnities of the festival, and 
Athenaeus simply says, the institution of the 
Cameia took place Olymp. xxvi. ('EyeVeTo Se 
7] Ae'tm twv Kapvelwv Kara r^v '4ktt]v Kal (\KO<rr))V 
'OKvy.iria.Sa, ais ~2,wffi§i6s (prjaiy, iv rCp ivepl 
Xp6vwv.) The festival began on the seventh day 
of the month of Carneios = Metageitnion of the 
Athenians, and lasted for nine days. (Athen. iv. 
p. 141 ; Eustath. ad 11. xxiv. sub fin. ; Plut. Symp. 
viii. 1.) It was, as far as we know, a warlike 
festival, similar to the Attic Boe'dromia. During 
the time of its celebration nine tents were pitched 
near the city, in each of which nine men lived in 
the manner of a military camp, obeying in every- 
thing the commands of a herald. Miiller also sup- 
poses that a boat was carried round, and upon it 
a statue of the Carneian Apollo {'Air6\\o3v an\x- 
/xarias), both adorned with lustratory garlands, 
called SIkt]\ov (rr^ix/j-artaTou, in allusion to the 
passage of the Dorians from Naupactus into Pelo- 
ponnesus. {Dorians, i. 3. § 8. note s.) The priest 
conducting the sacrifices at the Carneia, was called 
'Ayrjr-fis, whence the festival was sometimes de- 
signated by the name 'Ayr]r6pia or 'AyrjrSpeiov 
(Hesych. s. v. 'Ayrjr 6ptiov) ; and from each of the 
Spartan tribes five unmarried men {Kapvearai) 
were chosen as his ministers, whose office lasted 
four years, during which period they were not al- 
lowed to marry. (Hesych. s. v. Kapvsdrai.) Some 
of them bore the name of ~2,ra<pv\ob~p6ixoi. (Hesych. 
s. v. ; compare Bekker, Anecd. p. 205.) Ther- 
pander was the first who gained the prize in the 
musical contests of the Carneia, and the musicians 
of his school were long distinguished competitors 
for the prize at this festival (Miiller, Dor. iv. 6. 
§ 3), and the last of this school who engaged in 
the contest was Pericleidas. (Plut. De Mus. 6.) 
When we read in Herodotus (vi. 106, vii. 206) 
and Thucydides (v. 54, and in other places) that 
the Spartans during the celebration of this festival 
were not allowed to take the field against an 
enemy, we must remember that this restriction was 
not peculiar to the Carneia, but common to all the 
great festivals of the Greeks: traces of it are found 
even in Homer. (Od. xxi. 258, &c.) 

Carneia were also celebrated at Cyrene (Calli- 
mach. Hymn, in Apoll. 72. seq.), in Thera (Calli- 
mach. I. c. ; Pindar, Pytli. v. 99. seq.), in Gythion, 
Messene, Sicyon, and Sybaris (Paus. iii. 21. § 7, 
and 24. § 5, iv. 33. § 5, ii. 10. § 2 ; Theocrit. v. 83; 
compare Mutter's Orchom. p. 327). [L. S.] 

CA'RNIFEX, the public executioner at Rome, 
who put slaves and foreigners to death (Plaut. 
Bacch. iv. 4. 37 ; Capt. v. 4. 22), but no citizens, 
who were punished in a manner different from 



slaves. It was also his business to administer the 
torture. This office was considered so disgraceful, 
that he was not allowed to reside within the city 
(Cic. Pro Rabir. 5), but he lived without the Porta 
Metia or Esquilina (Plaut. Pseud, i. 3. 98), near 
the place destined for the punishment of slaves 
(Plaut. Cas. ii. 6. 2; Tacit. Ann. xv. 60; Hor. 
Epod. v. 99), called Sestertium under the emperors. 
(Plut. Galb. 20.) 

It is thought by some writers, from a passage 
in Plautus {Rud. iii. 6. 19), that the carnifex was 
anciently keeper of the prison under the triumviri 
capitales ; but there does not appear sufficient 
authority for this opinion. (Lipsius-, Eoccurs. ad 
Tacit Ann. ii. 32.) 

CARPENTUM, is one of the earliest kind of 
Roman carriages, of which we find mention. (Liv. 
i. 34.) It was the carriage in which Roman matrons 
were allowed to be conveyed in the public festal pro- 
cessions (Liv. v. 25 ; Isid. Orig. xx. 12) ; and that 
this was a considerable privilege is evident from 
the fact, that the use of carriages in the city was 
entirely forbidden during the whole ofHhe republic. 
The privilege of riding in a carpentum in the public 
festivals, was sometimes granted as a special pri- 
vilege to females of the imperial family. (Dion 
Cass. lx. 22, 33; Tac. Ann. xii. 42.) The form 
of this carriage is seen in the following medal 
struck in honour of the elder Agrippina after her 
death. 




The carpentum was also used by private persons 
for journeys ; and it was likewise a kind of state 
carriage, richly adorned and ornamented. (Prop. iv. 
8. 23 ; Juv. viii. 147, ix. 132.) 

This carriage contained seats for two, and some- 
times for three persons, besides the coachman. (Liv. 
i. 34 ; Medals.) It was commonly drawn by a pair 
of mules {carpentum mulare, Lamprid. Heliog. 4) ; 
but more rarely by oxen or horses, and sometimes 
by four horses like a quadriga. For grand occa- 
sions it was very richly adorned. Agrippina's 
carriage, as above represented, shows painting or 
carving on the panels, and the head is supported 
by Caryatides at the four corners. 

When Caligula instituted games and other so- 
lemnities in honour of his deceased mother Agrip- 
pina, her carpentum went in the procession. (Suet. 
Calig. 15.) This practice, so similar to ours of 
sending carriages to a funeral, is evidently alluded 
to in the alto-rilievo here represented, which is 
preserved in the British Museum. It has been 
taken from a sarcophagus, and exhibits a close 
carpentum drawn by four horses. Mercury, the 
conductor of ghosts to Hades, appears on the front, 
and Castor and Pollux with their horses on the 
side panel. 

Carpenta, or covered carts, were much used by 



CARRUCA. 



CARYATIS- 



243 



the Britons, the Gauls, the Cimbri, the Allobroges, 
and other northern nations. (Floras, i. 18, iii. 2, 




3, and 10.) These, together with the carts of the 
more common form, including baggage-waggons, 
appear to have been comprehended under the term 
cam, or carta, which is the Celtic name with a 
Latin termination. The Gauls and Helvetii 
took a great multitude of them on their military 
expeditions ; and, when they were encamped, ar- 
ranged them in close order, so as to form extensive 
lines of circumvallation. (Cacs. Dell. Gall. i. 24, 
26.) [J. Y.] 

CARPOU DIKE' (KapwoZ 5iKij),a civil action 
under the jurisdiction of the thesmothetae, might 
be instituted against a farmer for default in pay- 
ment of rent (Meier, Att. Proe. p. 531.) It was 
also adopted to enforce a judicial award when the 
unsuccessful litigant refused to surrender the land 
to his opponent (Hudtwalcker, p. 144 ; Meier, Att. 
Proe. p. 750), and might be used to determine the 
right to land (Harpocrat. s. v., and Ovaias Ai'«rj), 
as the judgment would determine whether the 
plain tiff could claim rent of the defendant. [J. S. M.] 

CARRA'GO, a kind of fortification, consisting 
of a great number of waggons placed round an 
army. It was employed by barbarous nations, as, 
for instance, the Scythians (Trebcll. Poll. Gullien. 
13), Gauls [Carpentum], and Goths (Amm. 
Marc. xxxi. 20). Compare Veget. iii. 10. 

Carrago also signifies sometimes the baggage of 
an armv. (Trebcll. PolL Claud. 8 ; Vopisc. Aure- 
lian. 11.) 

CARRU'CA, a carriage, the name of which 
only occurs under the emperors. It appears to 
have been a species of rheda [Rheda], whence 
Martial in one epigram (iii. 47) uses the words as 
synonymous. It had four wheels, and was used 
in travelling. Nero is said never to have travelled 
with less than 1000 carrucac. (Suet. AVr. 30.) 
These carriages were sometimes used in Rome by 
persons of distinction, like the carpenta [Car- 
pentum], in which case they appear to have been 
covered with plates of bronze, silver, and even gold, 
which were sometimes ornamented with embossed 
work. Alexander Scverus allowed senators at 
Rome to use carrucac and rhedae plated with silver 
(Lamprid. Alex. Sev. 43) ; and Martial (iii. 72) 
speaks of an aurnt mrrura which cost the value 
of a farm. We have no representations of carriages 
in ancient works of art which can be safely said to 
be carrucac ; but we have several representations 
of carriages ornamented with plates of metal. (See 
Inghiraini, Mtmwn. I'Jrusrh. iii. 111. 'J.'l ; .M illinyrn, 
lined. Mnn. ii. 14.) Camicae were also used for 
carrying women, and were then, as well, perhaps, 
as in other cases, drawn by mules (Dig. 31. tit. 2. 



s. 13) ; whence Ulpian (Dig. 21. tit. 1. s. 38. § 8) 
speaks of mitlae carrucariae. 

CARRUS. [Carpentvm.] 

CA'RYA or CARYA'TIS (/copuo, Kapvarls), 
a festival celebrated at Caryae, in Laconia, in 
honour of Artemis Caryatis. (Hesyeh. s. v. Kaptiai.) 
It was celebrated every year by Lacedaemonian 
maidens (Kapuar/Sej) with national dances of a 
very lively kind (Paus.iii. 10. § 8 ; iv. 16. § 5 ; Pol- 
lux, it. 104), and with solemn hymns. [L. S.] 

CARYA'TIS (Kapvans), pi. CARYATIDES. 
From the notices and testimonies of ancient au- 
thors, we may gather the following account : — That 
Caryae was a city in Arcadia, near the Laconian 
border ; that its inhabitants joined the Persians 
after the battle of Thermopylae (Herod. viiL 2G ; 
Vitruv. i. 1. § 5) ; that on the defeat of the Persians 
the allied Greeks destroyed the town, slew the 
men, and led the women into captivity ; and that, 
as male figures representing Persians were after- 
wards employed with an historical reference instead 
of columns in architecture [Atlantes ; Persae], 
so Praxiteles and other Athenian artists employed 
female figures for the same purpose, intending 
them to express the garb, and to commemorate the 
disgrace of the Caryatides, or women of Caryae. 
(Vitruv. /. c. ; Plin. H. N. xxxvi. 45 and 11.) 
Figures of Caryatides are exceedingly common in 
the remains of ancient architecture. The following 
specimen is taken from Muller's Dcnhn'dler der 
alien Kunst. 




After the subjugation of the Caryatae, their 
territory liecamc part of Laconia. The fortress 
(xwpiov, Steph. Bye) had been consecrated to 
Artemis (fjinna f'aryulis. Sen', in Vinj. lirl. viii. 
30), whose image was in the Open nir, and at whose 
annual festival (Kapvrint iopr-fi, llesych.) the Ln- 
ronian virgins continued, as before, to perform a 
dance of a piruliar kind, the execution of which 
was called Hapuarl(tiy. (I'aus. iii. 10. § H ■ iv. 16. 
§ 5 ; Lucian, De Salt.) f J. Y.] 

h 2 



244 



CASTRA. 



CASTRA. 



CASSIS. [Galea ; Rete.] 
CASTELLUM AQUAE. [AauAEnucTus.] 
CASTRA. It is well known that Roman 
armies never halted for a single night without 
forming a regular entrenchment, termed castra, 
capable of receiving within its limits the whole 
body of fighting men, their beasts of burden, and 
the baggage. So essential was this operation con- 
sidered, that even when preparing for an immediate 
engagement, or when actually assailed by a hostile 
force, it was never omitted, but a portion of the 
soldiers were employed in constructing the neces- 
sary works, while the remainder were standing to 
their arms or resisting the enemy : and so com- 
pletely was it recognised as a part of the ordinary 
duties of each march, that pervenire ad locum ter- 
tiis . . . quartis . . . septuagesimis castris arc the 
established phrases for expressing the number of 
days occupied in passing from one point to another. 
Whenever circumstances rendered it expedient for 
a force to occupy the same ground for any length 
of time, then the encampment was distinguished 
as castra stativa. (Liv. xxvii. 12 ; Caes. B. G. 
viii. 15, B. C. i. 42 ; Hirt. B. A/. 51, B. Al. 74.) 

When the protracted and distant wars in which 
the republic became engaged, as its sway was 
gradually extended first over the whole of Italy, 
and subsequently over Greece, Asia, and Africa, 
rendered it impossible for the legions to return 
home in winter, they usually retired during the 
months when active military operations were sus- 
pended, into some city where they could be pro- 
tected from the inclemency of the season, and 
where the comforts of the men could be readily 
secured ; or they were dispersed up and down in 
detachments among friendly villages (in hiberna 
concedere ; exercitum in hiberna dimittere ; exer- 
citum per civitates in hiberna dividere). It is true 
that extraordinary emergencies, such as a protracted 
blockade, or the necessity of maintaining a constant 
watch upon the movements of a neighbouring and 
vigorous foe, might compel a commander to keep 
the field for a whole year or even longer, but to 
order an army, except in case of necessity, to winter 
under canvass (hiemare sub pellibus ; hiemem sub 
tentoriis exigere) was long regarded as a severe 
punishment, inflicted only in consequence of grievous 
misconduct. (Frontin. Sirat. iv. 1. § 24.) As 
the boundaries of the empire were gradually pushed 
forward into wild and barbarian lands, where there 
were no large towns and no tribes on whose faith 
reliance could be placed, such arrangements became 
impracticable, and armies, whether of invasion or 
occupation, were forced to remain constantly in 
camps. They usually, however, occupied different 
ground in summer and in winter, whence arose the 
distinction between castra aestiva and castra hi- 
berna, both alike being stativa. Such posts were 
frequently, if situated advantageously, garrisoned 
permanently ; and the peaceful natives who sought 
to enrich themselves by trading with their con- 
querors, settled for security in the immediate vi- 
cinity. (Caes. B. G. vi. 37.) Thus in the distant 
provinces, these forts formed a centre round which 
a numerous population gradually clustered ; and 
many important towns, still existing in our own 
country, indicate their origin by the termination 
Chester. 

But whether a camp was temporary or perma- 
nent, whether tenanted in summer or in winter, 
the main features of the work were always the 



same for the same epoch. In hiberna, huts of 
turf or stone would be substituted for the open 
tents of the aestiva (hence aedificare hiberna), and 
in stativa held for long periods the defences would 
present a more substantial and finished aspect, hut 
the general outline and disposition of the parts 
were invariable : a camp was laid down, arranged 
and fortified according to a fixed and well-known 
plan, modified only by the numbers for whom it 
was required to provide accommodation, but alto- 
gether independent of the nature of the ground or 
of the fancy of the general, so that each battalion, 
each company, and each individual, had a place 
assigned to which they could at once repair without 
order, question, delay, or confusion. 

At what period the practice of throwing up 
elaborate field-works for the protection of an army 
engaged in active service was first commenced by 
the Romans, it is impossible to determine ; but we 
may safely conclude that, like all other parts of 
their military tactics, it was matured by a slow and 
gradual process. Livy and Dionysius, indeed, 
would lead us to suppose that ragular camps existed 
from the most remote epoch to which their annals 
extend ; but the language of these historians is in 
general so loose upon all matters of antiquarian re- 
search, and they are so much in the habit of trans- 
ferring to the earliest ages the usages of their own 
contemporaries, that no safe inference regarding 
points of this nature can be drawn from their words. 
Frontinus, on the other hand, declares that the 
idea of a fortified enclosure, calculated to contain a 
whole army, was first suggested to the Romans by 
the camp of Pyrrhus, which they captured near 
Beneventum ; but the statements of this author 
have never been deemed to possess much weight, 
and in this particular instance many considerations 
preclude us from admitting his testimony as credible. 
It is evident, however, from the facts detailed in 
the article Exercitus that a camp, such as the 
earliest of those of which we possess any detailed 
account, could not have assumed that shape until 
the tactics of the phalanx were superseded by the 
manipular divisions ; and it may be held as certain 
that each of the great wars in which the Common- 
wealth was successively engaged for more than a 
century — with the Samnites, with Pyrrhus, with the 
Cisalpine Gauls, and with the Carthaginians, must 
have led to a series of improvements. The system 
was probably brought to perfection in the cam- 
paigns against Hannibal, and underwent no ma- 
terial alteration until the organic changes in the 
constitution of the army, which took place not long 
before the downfal of the constitution, during the 
civil broils, and under the earlier emperors, rendered 
a corresponding change in the internal economy of 
the camp unavoidable. Hence, although it would 
be at once vain and unprofitable to attempt an in- 
vestigation of the various changes through which a 
Roman camp passed before it assumed what may 
be called its normal shape, it is evidently absolutely 
necessary for all who desire to obtain even a slight 
knowledge of the Roman art of war, to make them- 
selves acquainted with this important feature in 
their system during the best days of the republic 
and the empire. And fortunately the records of 
antiquity enable us to supply such information with 
considerable minuteness. Polybius. the friend and 
companion of the younger Scipio, has transmitted 
to us a description of a Roman camp, such as he 
must have often seen with his own eyes, and acer- 



CASTRA. 

tain Hyginug, a gromaticus or land surveyor, who 
flourished under Trajan and Hadrian, has left us a 
technical memoir on the art of castrametation as 
practised in his own day. To these some might 
feel inclined to add the remarks of Vegctius, who 
lived during the reign of Valentinian, but for 
reasons which are stated elsewhere [Exercitus] 
it will be more safe to neglect him altogether. 

We shall proceed to describe these two camps 
in succession, it being understood that the leading 
statements with regard to the first are taken di- 



CASTRA. 245 

rectly from Polyhius, and those with regard to the 
second, from Hyginus, unless when the contrary is 
distinctly indicated. But while we endeavour to 
explain clearly all the parts of the camps themselves, 
we must refer to the article Exercitus for every- 
thing that concerns the different kinds of troops, 
their divisions, their discipline, and their officers. 

L Camp of Polybius. 

The camp described by Polybius is such as 
would be formed at the close of an ordinary day's 



(Fig. L) 





I 


A 


20 









K2 








Ks 








1 


LL 






1)1 


U2 


Ds | 


H- AinH-t< 

D.-J As Dz 


DC 


H5 

D7 
























1 


fi3 


A 

1 


Bt ' 






a 




5 C3 A2 CZ C 


a c 


7 


L 


v- x -v 


Es A± 

nr t sko p Ip" o'Ks* t* V-v 


Et 

f X' "Y 


Es 

2 




















A 


5 




































A 


<3 


































A 


7 


































A 


6 


































A 


1 


































A 


10 


































A 


11 


































A 


.1 


































A 


i 


































A 


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An 



246 



CASTRA. 



CASTRA. 



march by a regular consular army consisting of two 
Roman legions with the full contingent of Socii. 
Each legion is calculated at 4200 infantry and 300 
cavalry, the Socii furnished an equal number of 
infantry and twice as many cavalry, so that the 
whole force would amount to 16,800 foot and 1800 
horse. 

Choice of the Ground. — Although, as stated 
above, the general outline, the defences, and the 
internal economy of a camp were altogether inde- 
pendent of the nature of the ground, yet great 
importance was attached to the choice of a fitting 
situation which should admit of being readily laid 
out in the required form, which should afford no 
facilities for attack or annoyance, which should be 
convenient for procuring wood, water, and forage, 
and which the army might enter and quit without 
danger of surprise. Skill in the selection of such 
a spot (capere locum castris) was ever considered as 
a high quality in a general, and we find it recorded 
among the praises of the most renowned com- 
manders that they were wont in person to perform 
this duty (e.g. Liv. ix. 17, xxxv. 14, 28 ; Tacit. 
Hist. ii. 5, Agric. 20 ; comp. Quintil. /. O. xii. 3. 
§ 5). Under ordinary circumstances, however, the 
task was devolved upon one of the military tribunes, 
and a certain number of centurions appointed from 
time to time for the purpose. These having gone 
forward in advance of the army until they reached 
the place near which it was intended to halt, and 
having taken a general survey of the ground, se- 
lected a spot from whence a good view of the whole 
proposed area might be obtained, that spot being 
considerably within the limits of the contemplated 
enclosure. 

Construction. — The spot answering these con- 
ditions and which we shall call A (fig. 1.) was 
marked by a small white flag. The next object 
was to ascertain in what direction water and fodder 
might be most easily and securely provided — ■ 
this direction we indicate by the arrow in the sub- 
joined figure. Upon the position of A and the 
direction of the arrow depended the disposition of 
all the other parts of the work ; for these two pre- 
liminary points being decided, the business of mea- 
suring out the ground (metari castra) commenced, 
and was executed, as we learn from various sources, 
with graduated rods (decempedae) by persons de- 
nominated metatores. The different steps of the 
process may be most briefly and distinctly set 
down in the ordinary language of a geometrical 
construction. 

Through A draw a straight line A A t , parallel 
to the direction of the arrow, a straight line B B x 
at right angles to A Q A x . These two straight 
lines A A 1( and B B 15 served as the bases by 
which the position of all the different divisions of 
the camp were determined. 

Along A A set off AA 2 = 100 feet; A 2 A 4 
= 50 feet; A 4 A 5 ; A 5 A 6 ; A 6 A 7 ;A,A 8 ; 
A 8 A 9 ; A 9 A 10 each= 100 feet ; A 10 A tl = 50 
feet; A 11l A 12 ; A 12 A 1 3 ; A 1 3 A 14 ; A 14 A 15 ; 
A 15 A 16 each=100 feet; A, 6 A, , = 200 feet. 

Along A A x set off A A 3 ; A 3 A 18 ,each=100 
feet; A 18 A 19 = 167 feet; A 1 9 A 2O =200 feet. 

Through A 2 ; A, ; A 4 ; A 5 ; Aj 7 ; A 18 ; A 19 ; 
A 20 draw C C x ; D D, ; E E, ; F F, ; G Gj ; 
H H, ; K K, ; L L 1 straight lines parallel to 
B„ Bj, and in like manner draw through A 6 ; A 7 ; 
. . . . A 16 straight lines parallel to B B u as 
marked in the figure. 



On B Bj make A B 2 ; A B 3 each=100 feet. 

Through B 2 and B 3 draw straight lines parallel to 
A A 1 cutting C Cj in C 2 and C 3 , and cutting 
D Dj in D 2 and D 3 ; in this manner a square 
area C 2 C 3 D 3 D 2 is determined, each side of 
which =200 feet. 

Along A 5 F set off A 5 P = 25 feet ; P Q = 
100 feet; Q R = 50 feet ; R S = 50 feet ; S T 
= 100 feet ; T V = 100 feet ; V W = 50 feet ; 
W X = 1331 feet ; X Y= 200 feet ; YZ = 200 
feet. 

Along A 5 F 1 set off A 5 P'; P'Q'; Q'R' 

Y' Z', equal respectively to A 5 P ; P Q ; OR; 
YZ. 

Through Z Z' draw straight lines parallel to 
A Aj, cutting G Gj in z and z', and cutting L 
L 1 in O and O'. The square area OO'z'z thus 
determined was the camp. 

Again, through P ; Q ; R . , . . Y, and through 
P' ; Q' ; R' . . . . Y' draw straight lines parallel to 
A A,, cutting the parallels to J5 Bj in the points 
marked in the figure. 

Finally, on H H 1 layoff A 18 H 3 and A 1 8 H 4 
each =25 feet, and through H 3 ; H 4 ; draw 
straight lines parallel to A A 15 cutting K K 1 in 
K 3 and K 4 . 

This construction being completed we now pro- 
ceed to explain the arrangement of the different 
parts referring to figure 2, in which the lines no 
longer necessary are obliterated, the spaces occu- 
pied by the troops or officers enclosed by dark 
lines, and the streets (viae) distinctly laid down. 
In practice the most important points were marked 
by white poles, some of which bore flags of various 
colours, so that the different battalions on reaching 
the ground could at once discover the place as- 
signed to them. 

The white flag A, which served as the starting 
point of the whole construction, marked the position 
of the consul's tent, or praetorium, so called because 
praetor was the ancient term for any one invested 
with supreme command. The square area C„ D 3 
was left open extending, as we have seen, a hun- 
dred feet each way from the praetorium. That 
portion of the camp which lay in the direction of 
the arrow (nobs tV efc-rbs eiu<piveia.v) from the 
line E Q E 1 (fig. 1) was termed the front or fore- 
part of the camp (rod navrbs o'X'lM- aTOS Kara 
TTp6aairov). 

The number of legions being two and the num- 
ber of tribunes in each being six, their tents were 
arranged six and six at equal distances along the 
line E E t (fig. 1) exactly opposite to and looking 
towards the legions to which they belonged. Hence, 
as will be seen from what follows, they did not 
extend beyond the points E 3 and E 4 , but whether 
they were distributed at equal distances along the 
whole of the line E 3 E 4 , or whether the space in 
front of the praetorium was left vacant, as in our 
figure, as seems most probable, may admit of doubt. 
The space of fifty feet included between the pa- 
rallels C C t and E Ej (fig. 1 ), immediately be- 
hind the tents of the tribunes, was appropriated 
to their horses, beasts of burden and baggage. 

The ten areas marked 1 were set apart for the 
cavalry of one legion, and the corresponding ten 
areas marked 1' for the cavalry of the other legion. 
These all faced towards the street P P', and each 
area, containing a space of 10,000 square feet, 
was allotted to one turma or troop of 30 dragoons, 
with their horses and baggage. 



CASTRA. C ASTRA 247 

(Fig. 2.) 

2017 



PORTA PRAETORIA 



K2 



]l2 

Dt. — 



c l£o to 



C* 

JEs 

PRiNCIPIA 

T 




14- 



SOU 

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Hack to back with the cavalry, and looking out 
upon the streets R S, It' S', the Triarii of the 
two legions were quartered in the areas 2 and 2'. 
Each area contained 5000 square feet, and was 
allotted to a maniple of 60 men ; hence, according 
to the calculation here followed, a dragoon and 
his horse were allowed as much space as 4 foot 
soldiers. 

In the areas marked 3 and 3' facing the Triarii 
were quartered the principes of the two legions ; 
each of these areas contained 10,000 square feet, 
and was allotted to a maniple of two centuries, 
that is, 120 men. 

In the oral marked 4 and 4', bark to back 
with the principes, and looking out upon the 
Streets V W, V W, were quartered the Hastati 
of the two legions, the number of men being the 
same as in the Principes, and an equal space being 
assigned to them. 

Facing the legionary Hastati, in the areas 
marked 5 and 5', were the cavalry of the ullics. 



The total number was 600 to each legion, but of 
these \ or 200 were separated under the name of 
exlraorrfinarii, and quartered in a different part of 
the ramp. Consequently, each of the spaces 5 and 
5' was calculated to accommodate 40 dragoons with 
their horses ; and allowing them the same space 
as the legionary cavalry, each of these areas must 
have contained somewhat more than 1 3,333 square 
feet. 

Hack to back with the cavalry of the allies, and 
looking towards the rampart which enclosed the 
camp, the infantry of the allies were quartered in 
the areas marked 6 and 6'. The total number 
was 3000 for each legion, but of these 4; or 600 
weri- "-panili-il a* •■rlrnfrJuinrii 'and quartered in 
a different part of the camp. Ilenre there would 
remain 2400, or 240 for each of the spaces 6 and 6', 
and these accordingly contained 20,000 sqiuue 
feet. 

Tho open space immediately behind the tents 
and baggage of the tribunes, extending to the right 
R 4 



248 



CASTRA. 



CASTRA. 



and left of the space allotted to the general, was as- 
signed on one side to a forum, and on the other, to 
the quaestor and his department (ra> re ra/xia, Kai 
rats afxa rovra x°PV"y' a ^)- These are marked 7 
and 8, but we are not told on which side they re- 
spectively stood. 

Still further to the right and left of the praeto- 
rium in 9, 10, and 9', 10', looking respectively to- 
wards the forum and the quaestorium, were a 
body of cavalry, selected from the extraordinarii 
equites (oi rwv 4ttiX4ktwv lttw^ccu a7roA.€KTOi), and 
a body of cavalry serving as volunteers out of com- 
pliment to the general (Kai rives rwv ids\ovrrjSbv 
(rrpartuoLizvwv rfj rwv vivdrwv x^P LrL \ analogous, 
probably, to the Evocati of later times. Back to 
back with these, looking towards the rampart, in 
11, 12 and 11' 12', were quartered the foot-soldiers 
belonging to the same classes as the cavalry just 
named. On the march, these troops were always 
near the person of the consul and of the quaestor, 
and served as a sort of body-guard to them. Their 
number is nowhere specified, and hence the exact 
space required for their accommodation cannot be 
determined. 

In 13 and 13', looking towards the quaestorium, 
praetorium, and forum, were quartered the re- 
mainder of the extraordinarii equites. Back to 
back with these, facing the ramparts in 14 and 14', 
were the remainder of the extraordinarii pedites. 
The spaces marked 15, 15' on the flanks of 13, 14, 
13', 14', were assigned to foreign troops or to allies 
not included in the regular contingent, who might 
chance to be present (rois a.AAo(pvAois Kai toTs 4k 
rod Kaipov irpoayiyvop-ivois cvixLiaxois). 

The form of the camp was an exact square (rzrpa- 
•ywvov ItrdirXtvpov), the length of each side being 
2017 Roman feet. 

The clear space between the ramparts and the 
tents (intervallum) was 200 feet, and this was of 
the greatest service in facilitating the marching in 
and out of the soldiers without crowding or confu- 
sion. Here, also, cattle and other booty were kept 
and guarded ; and the breadth was sufficient to 
prevent any ordinary missile or fire-brand hurled 
into the camp from doing serious injury. 

The principal street, stretching right across in 
front of the tents of the tribunes, was 100 feet 
wide and was named Principia. Tt will be ob- 
served that the lengthened lines of the ten turmae 
and manipuli in each division is intersected at the 
termination of the first five by a road fifty feet 
wide, called the Via Qumtana. The position of 
the remaining five viae in the fore-part of the 
camp, all of which intersect the Via Quintana at 
right angles, will be understood at once by in- 
specting the plan, the width of each being 50 feet. 

When two consular armies encamped together 
within the same rampart, two ordinary camps were, 
it may be said, applied to each other at the ends 
nearest to their respective praetoria. The two prae- 
toria faced in opposite directions, and the legions of 
the two consuls stretched their lines in front of 
each praetorium, so that the figure of the camp was 
now no longer a square, but a rectangle, whose 
length was twice that of an ordinary camp, the 
breadth being the same. 

Although the words of Polybius are, as a whole, 
so full and clear that we can have little difficulty 
in forming a distinct conception of the camp which 
he describes and in delineating the different parts, it 
must not be concealed that he has altogether passed 



over many important points on which we should 
desire information, and that occasionally his lan- 
guage is not entirely free from ambiguity. 

Under the head of omissions, we must note — 

1. The absence of all information with regard 
to the manner in which the Velites were disposed 
of. These, at the time when Polybius wrote, 
amounted to 1200, or, at the lowest computation, 
to 1000 for each legion ; and taking the same 
number for the contingent of the Socii, we shall 
thus have a body of at least 4000 men unprovided 
for. It is true that he subsequently states, in a 
passage which we quote below, that the velites 
kept guard by night and by day along the whole 
extent of the rampart, and that they were stationed 
in bodies of ten to watch the gates. Hence some 
have supposed that the light-armed troops always 
bivouacked outside the camp ; others, that they 
occupied the intervallum ; others, that, just as in 
the line of battle, they did not form a distinct 
corps, but were distributed among the hastati, 
principes, and triarii, according to a given ratio, so 
in like manner they were, in the camp, quartered 
along with those divisions to which they were at- 
tached in the field. The velites ceased to form 
a portion of the legion about the time of Marius, 
and consequently the later Roman writers throw no 
light upon the question. It is remarkable, also, 
that while Polybius passes them over completely in 
the internal arrangements of his camp, so also he 
takes no notice whatsoever of them when describing 
the agmen or the order of march in which an army 
usually advanced. 

2. No mention is made of the legati. Lipsius, 
in his plan of a Roman camp after Polybius, assigns 
to them a compartment next to the praetorium on 
the side opposite to that where the quaestorium 
stood ; but this is merely a conjecture. 

3. The praefecti sociorum likewise are passed 
over. Since they corresponded among the troops 
of the allies to the tribuni in the legions, it seems 
highly probable that their tents were ranged along 
a prolongation of the line on which the latter stood, 
and thus they also would be placed immediately 
opposite to and looking towards the soldiers under 
their immediate command. 

4. The number of tents allowed to each maniple 
or century is nowhere stated, and consequently 
the number of men in each tent is unknown, nor 
are we very distinctly told how the centurions and 
other officers of the infantry and cavalry inferior to 
the tribunes were provided for ; it is merely said 
that the ra^iapxoi in each maniple took the first 
tents on each side, that is, probably, at each end 
of the row which held one maniple. 

5. With regard to the fortifications of the camp 
it is stated that the digging of the ditch (racppda) 
and the formation of the rampart (xapaKoiroua) 
upon two sides of the camp was assigned to the 
socii, each division taking that side along which it 
was quartered ; while the two remaining sides 
were in like manner completed by the legionaries, 
one by each legion. The work upon each side 
was portioned out among the maniples, the cen- 
turions acted as inspectors of the tasks performed 
by their respective companies, and the general 
superintendence was undertaken by two of the 
tribunes. The nature and the dimensions of the 
defences are not, however, specified. These con- 
sisted of a ditch (fossa), the earth from which was 
thrown inwards, and formed, along with turf and 



CASTRA 



CASTRA. 



2J9 



stones, into a mound {agger), on the summit of 
which a strong palisade of wooden stakes (sudes, 
valli) was fixed forming the rampart ( Vallum s. 
Valltts — x°-P"i)- ^ e 0311 scarcely doubt that 
the depth of the ditch, together with the height 
and breadth of [the agger, were, under ordinary 
circumstances, fixed ; but the measurements in- 
cidentally mentioned in isolated passages do not 
perfectly accord with each other. Among the 
works at Dyrrhachium (Caes. B. C. iiL 63) we 
read of a ditch 15 feet deep, and a vallum 10 feet 
high and 10 feet broad ; in the war against the 
Bellovaci and other Gaulish tribes we find Caesar 
(B. G. viii. 9) fortifying his camp with a double 
ditch, 15 feet deep, with perpendicular sides 
(directis lateribus), and a vallum 12 feet high, on 
the top of which was a breast-work (loricula) and 
numerous towers three stories high connected with 
each other by bridges, the sides of these bridges 
next to the enemy being protected by a breast- 
work of fascines (viminea loricula). Both of these, 
however, as well as several others which we might 
quote, must be regarded as special cases. The 
practice of a later period is, as we shall see below, 
more clearly defined by Hyginus and others. 

6. Neither the number nor the names of the 
openings in the vallum are given. We have 
abundant evidence to prove that there were four : 
— (1) Porta Principalis dextra and (2) Porta 
Principalis sinistra at the two extremities of the 
wide street called Principia ; (3) Porta Praetoria 
s. Extraordinaria, so called from being situated on 
that side of the camp nearest to the praetorium 
and in the immediate vicinity of the quarters of 
the extraordinarii ; (4) Porta Decumana, to called 
from being situated on that end where the tenth 
turmae and tenth maniples in each division were 
quartered. This gate was also called Porta Quaes- 
toria, in consequence, it would seem, of the Quaes- 
torium and the Forum having been at one time 
placed in its vicinity, and here unquestionably 
stood the Quaestorium in the camp of Hyginus, as 
we shall see below. Fcstus likewise has the gloss 
u Quintana appellator porta in castris post praeto- 
rium, ubi rerum utensilium forum sit," and from 
Quintana in the sense of Forum comes the modern 
Canteen. The perplexity caused by these state- 
ments has induced some critics to reverse the posi- 
tions of the Porta Praetoria and the Porta J)c- 
cumana as marked in our plan ; but this alteration 
will give rise to difficulties still more serious, as 
may be seen from consulting Polybius and the 
authorities referred to at the end of this paragraph ; 
for we find it expressly stated that the Porta De- 
cumana was on that side of the camp most remote 
from the enemy (alts turgo enstrorum ; uvcrsa ras- 
trorum ; decumana maxime pctcltalur anrsn hosH 
et fugientiltus tutior), leading out, as will be seen 
from the construction, in the direction from which 
wood, water, and other necessary supplies would 
be most easily and securely provided. (Liv. xl. 
27, iii. 5, x. 32, xxxiv. 17 ;"Tacit. Ann. i. 66, iv. 
30 ; Fcstus, J. vv. Prartoria porta, Princijnitis, 
Quintana ; Sucton. Ner. 26.) 

VV'c can scarcely doubt that the Portac must 
have been always defended by barriers of some 
kind ; but when special precautions were required 
they were closed by regular gates defended by 
towers (portis fores altioren/uc turrcs imposuit, Caes. 
li. (i. viii. '.)). 

7. In which direction did the Praetorium (ace P 



towards the Porta Praetoria or towards the legions 
and the Porta Decumana ? On the reply to this 
question, which can be answered from conjecture 
only, depends the solution of the problem as to 
which was the Porta Principalis dextra and the 
P. P. sinistra. In like manner we cannot ascertain 
on which side of the Praetorium the Quaestorium 
was placed. But these are matters of small moment. 

The above are the most important omissions in 
the description of Polybius. Our limits will not 
permit us to do more than simply to indicate one 
important point where a certain degree of am- 
biguity in his phraseology has given rise to doubt, 
discussion, and an irreconcilable difference of opi- 
nion. After detailing the arrangements adopted 
when two consular armies encamp together, he 
adds these remarkable words — otov Se x a P^ s T ' 
&Wa pfy waainus, tt)c 5° osyopav, na\ to Tafiieiov, 
Kal to <rTpaT7)7ioe, jueVoe TidtaGi rwv SvoTv o'Tpa- 
T07re'5a>v. Taking this sentence by itself, if the 
text be pure, and if the word (TTpaTOTreSdiv be 
rendered, as apparently it must be rendered, 
legions, then we should be led to the conclusion 
that in a single camp, the Praetorium, the Quaesto- 
rium and the Forum were all situated somewhere 
about the middle of the Via Quintana ; and this 
conclusion Schelius, one of the most acute and 
learned writers on the military affairs of the Ro- 
mans, has actually adopted. This, however, is so 
completely at variance with the whole previous 
narrative of the historian who occupies himself 
from the commencement with a single consular 
camp, and lays down the site of the praetorium, 
as we have done above, in a manner so clear as 
to admit of no cavil, the whole construction, in 
fact, depending upon the spot thus assigned to the 
praetorium, that we are driven to make choice of 
one of these alternatives, cither that there is a 
corruption lurking in the text, or that Polybius is 
here alluding to some peculiar expedient which 
was resorted to when two consular armies en- 
camped beside each other, but were not actually 
included within the lines of a single camp. For a 
full and fair examination of this and of other dif- 
ficulties which suggest themselves upon a close ex- 
amination of Polybius and an imp;ulial review of 
the chief arguments adduced by contending critics, 
the student may consult a tract entitled u Pulybii 
Castrorum Romanorum formae intcqirctatio, scrip- 
sit G. F. Rcttig," -ito. Hannov. 182H. 

We now proceed to notice various particulars con- 
nected with the internal discipline of the camp. 

The Camp Oath. — When an army encamped for 
the first time, the tribunes administered an oath 
to each individual quartered or employed within 
its limits, including slaves as well as freemen, to 
the effect that he would steal nothing out of the 
camp, but if he chanced to find any property that 
he would bring it to the tribunes. Wc must sup- 
pose that the solemn promise being once made, was 
considered as binding during the whole campaign, 
for it would have been impossible to have repeated 
a ceremony so tedious at the close of each march. 

IHstrihution of //u/i/ among tl,r Ojjicrrx. — In each 
legion the tribunes divided themselves into three 
sections of two each, and each section in turn un- 
dertook for two months the superintendence of all 
matters connected with the camp. It is not im- 
probable that one tribune in each section assumed 
the chief command upon alternate days, or perhaps 
during alternate months, and hence Polybius gene- 



250 CASTRA. 

rally speaks of one tribune only as acting, or of 

two when reference is made to both legions. 

Officers parade. — ■ Every morning at day-break 
the centurions and the equites presented them- 
selves before the tents of the tribunes, and the 
tribunes in like manner, attended perhaps by the 
centurions and equites, presented themselves at the 
praetorium. The orders for the day were then 
issued by the consul to the tribunes, communicated 
by the tribunes to the centurions and equites, and 
through the centurions and equites reached the 
soldiers at the proper time. 

Guards, Sentinels, &c. — Out of the twenty 
maniples of Principes and Triarii in each legion, 
two were appointed to take charge of the broad 
passage or street called Principia, extending right 
across the camp in front of the tents of the tribunes. 
This being the place of general resort during the 
day, and, as we know from various sources, the 
part of the camp in which the altars and the eagles 
stood, great pains were taken that it should be kept 
perfectly clean and regularly watered, a labour 
which would fall very light when portioned out 
among four maniples. 

Of the remaining eighteen maniples of Prin- 
cipes and Hastati in each legion, three were 
assigned by lot to each of the six tribunes, and of 
these three maniples one in turn rendered each 
day certain services to the tribune to whom it was 
specially attached. It took charge of his tent and 
baggage, saw that the former was properly pitched 
upon ground duly levelled all round, and pro- 
tected the latter from damage or plunder. It also 
furnished two guards {(pvXaKtia) of four men 
each, who kept watch, some in front of the tent 
and some behind, among the horses. We may 
remark in passing, that four was the regular num- 
ber for a Roman guard (<pv\d.Kziov) ; of these one 
always acted as sentinel, while the others enjoyed 
a certain degree of repose, ready, however, to start 
up at the first alarm. Compare the Acts of the 
Apostles, cap. xii. irapaSovs reaffapffi TtrpaSiois 

tTT pCCTLCOTCCV <pV\6.(T<TeW O.Vt6v. 

The Triarii were exempted from those duties 
imposed upon the Principes and Hastati, but each 
maniple of the Triarii furnished daily a guard of 
four men to that turma of the Equites which was 
quartered immediately behind them, in order to 
watch the horses, and to take care that they did 
not sustain any injury from getting entangled with 
their halters and heel ropes, or break loose and 
cause confusion and mischief. 

One maniple was selected each day from the 
whole legionary force, to keep guard beside the 
tent of the general, that he might be secured 
alike from open danger and hidden treachery ; 
this honourable task being devolved upon every 
maniple in rotation. Three sentinels were usually 
posted at the tents of the quaestor and of the le- 
gati ; and by night sentinels kept watch at every 
maniple, being chosen out of the maniple which 
they guarded. 

The Velites mounted guard by day and by 
night along the whole extent of the vallum : to 
them also in bodies of ten was committed the 
charge of the gates, while strong bodies of infantry 
and cavalry were thrown forward in advance of 
each gate, to resist any sudden onset, and give 
timely notice of the approach of the enemy. 

Exeubiae ; exeubias agere ; excubare ; are the 
general terms used with reference to mounting 



CASTRA 

guard whether by night or by day. Vigiliae ; 
vigilias agere; vigilare ; are restricted to night 
duty : Exeubiae and Vigiliae frequently denote not 
only the service itself, but also the individuals 
who performed it. Stationes is used specially to 
denote the advanced posts thrown forward in front 
of the gates, Custodes or Custodiae the parties 
who watched the gates themselves, Praesidia the 
sentinels on the ramparts, but all these words are 
employed in many other significations also. 

Going the Rounds. — In order to ascertain the 
vigilance of the night sentinels (vvKrepival <pv\a- 
Kai) an ingenious scheme was devised. Each 
guard (<pvAa,K€iov) consisted, as we have seen, of 
four men, and each of these in turn stood sentinel 
for one of the four watches into which the night 
was divided. The sentinels to whom it fell to go 
upon duty in the first watch, were conducted in 
the afternoon to the tent of the tribune by lieute- 
nants of the maniples to which they belonged. 
Each of these men received from the tribune four 
small tokens (£uA^4>ia), numbered from one to 
four for the four watches, and bearing also marks 
indicating the legion, and maniple or century from 
which the guard was taken. The individual who 
received these tokens retained the one which an- 
swered to his own watch, and distributed the rest 
among his three comrades. The duty of going the 
rounds ( Vigilias circuire s. circumire, comp. Fest. 
s. v. fraxare) was committed to the Equites, and 
for this purpose each legion supplied daily four, 
picked out from each turma in rotation by the 
commander of the troop. The eight persons thus 
selected decided by lot in which watch they should 
make their rounds, two being assigned to each 
watch. They then repaired to the tribune, and 
each individual received a written order specifying 
the posts which he was to visit, every post being 
visited in each watch by one or other of the two 
to whom the watch belonged. They then repaired 
in a body to the first maniple of the Triarii, and 
there took up their quarters, because it was the 
duty of one of the centurions of that maniple to give 
notice of the commencement of each watch by a 
trumpet blast. At the appointed time each eques, 
accompanied by some friends, who acted as wit- 
nesses, visited all the posts named in his written 
order, from each sentinel whom he found on the 
alert he received one of the tokens described 
above, but if the sentinel was asleep or absent, 
then the eques of the rounds called upon his com- 
panions to witness the fact, and departed. The 
same process was followed by all the others, and 
on the following morning the officers of the rounds 
repaired to the tent of the tribune and delivered 
up the tokens. If the number of these was found 
to be complete, then all was well, but if any one 
was wanting, then it could be at once ascertained 
to what guard and to what watch the missing 
token belonged. The centurion of the company 
was ordered to bring forward the men implicated, 
and they were confronted with the officer of the 
rounds. If the latter could prove by means of his 
witnesses, that he had actually visited the post in 
question, and found the sentinel asleep or absent, 
then the guilt of the sentinel could not be a matter 
of doubt ; but if the officer failed to establish this, 
then the blame fell upon himself, and in either 
case the culprit was forthwith made over to a 
court martial. Sometimes we find centurions, tri- 
bunes, and even the general in chief represented 



CASTRA. 



CASTRA. 



251 



as going the rounds, but under ordinary circum- 
stances, the duty was performed as we have de- 
scribed. (Liv. xxii. 1, xxviii. 24 ; Sail. Jug 45. ; 
Tacit Hist. ii. 29.) 

Watchword. — The watchword for the night was 
not communicated verbally, but by means of a 
small rectangular tablet of wood (irKaTetov imye- 
■ypauaivov — tessera — to be carefully distinguished 
from the %v\T\<piov of the last paragraph), upon 
which it was written. One man was chosen out 
of each of those maniples and turmae which were 
quartered at that extremity of the lines most remote 
from the Principia. Each of these individuals 
(lesserarius) repaired towards sunset to the tent of 
the tribune, and received from him a tessera, on 
which the password and also a certain number or 
mark were inscribed. With this he returned to 
the maniple or turma to which he belonged, and 
taking witnesses, delivered it to the officer of the 
next adjoining maniple or turma, and he to the 
next until it had passed along the whole line, when 
it was returned by the person who received it last 
to the tribune. The regulation wa3 that the whole 
of the tesserae should be restored before it was 
dark, and if any one was found wanting at the 
appointed time, the row to which it belonged could 
be at once discovered by means of the number or 
mark noticed above, an investigation took place at 
once into the cause of the delay, and punishment 
was inflicted upon the parties found to be in fault. 

Not only mere passwords were circulated in this 
manner, but also, occasionally, general orders, as 
when we read in Livy, xxvii. 46, u Tessera per 
castra ab Livio consule data crat, ut tribunum tri- 
bunus, ccnturio ccnturionem, cques equitem, pedes 
peditem accipcret." 

Although the tcsscrarius received the tessera from 
the tribune, it proceeded in the first instance from 
the commander-in-chief, as we may perceive from 
the passage just quoted, and many others. Under 
the empire it was considered the peculiar function 
of the prince to give the watchword to his guards. 
(Tacit. Ann. i. 7 ; comp. Suet. Claud. 42, Ner. 9.) 

Breaking up a Camp. — On the first signal being 
given by the trumpet, the tents were all struck and 
the baggage packed, the tents of the general and 
the tribunes being disposed of before the others 
were touched. At the second signal the baggage 
was placed upon the beasts of burden ; at the third, 
the whole army began to move. 

II. Camp of ByGINUS. 
Passing over a space of about 250 years, we 
find ourselves amidst an order of things altogether 
new. The name Isgioncs still remains, but all the 
ancient divisions, with the exception of the Cen- 
turiae, have disappeared. The distribution of the 
soldiers into Velites, llnstati, I'rincipcs, and Triurii 
did not endure more than half a century after the 
era of Polybius ; the organization by maniples was 
about the game period in a great measure super- 
seded by the cohorts, and the cavalry were de- 
tached from the infantry and formed independent 
corps. In like manner the .Sucii, after the admis- 
sion of the Italian states to the: Roman franchise, 
censed to form a separate clan, and their plncc is 
now occupied by a motley crew of foreigners and 
barbarians serving in bands, designated by strange 
titles. We are reminded also that the republican 
form of government had given way to the dominion 
of a Bingle individual by the appearance of a mul- 



titude of household troops and imperial body- 
guards, distinguished by various appellations, and 
invested with peculiar privileges. A complete 
Roman army did not now consist of Komunae 
Legiones cum Socils, or of Legiones cum Sociis et 
Auxiliis, but of Legiones cum Supplements, the 
term Supplementa including the whole of the various 
denominations alluded to above. In what follows, 
we shall attempt to delineate a summer camp {cas- 
tra aestivalia), intended to contain three legions, 
with their supplements, a force, which in the time 
of Hyginus corresponded to the regular consular 
army of the sixth and seventh centuries of the city. 
It is but right, however, to call attention to the 
fact, that we do not here tread upon ground so 
firm as when Polybius was our guide. The text 
of Hyginus presents many difficulties and many 
corruptions ; and there are not a few passages in 
which we are thrown too much upon conjecture. 
This, however, be it understood, applies almost 
exclusively to the minute details, for the general 
outline of the whole is clear and well ascertained. 
The plan sketched below, is taken almost entirely 
from Schelius, and the proportions of the different 
parts are carefully preserved. Omitting in this 
case the geometrical construction, we proceed at 
once to explain the figure. 

The point from which the whole of the measure- 
ments proceeded is marked with a small cross, and 
was called O'roma, that being the name of an in- 
strument employed by surveyors, analogous, in its 
uses at least, to the modern cross staff, plane table 
and leveL 

The general form of the inclosure was an oblong, 
the two longer sides being at equal distances from 
the Groma, rounded oft" at the angles (angulos cas- 
trorum circinarc oportet), 2320 feet in length by 
1G20 feet in breadth, the general rule being that 
the length should exceed the breadth by one third 
(castra in quantum fieri potuerit tcrtiata esse debe- 
bunt) ; when larger it was called Castra Classica, 
because, says Hyginus, the ordinary Iiuccinum or 
bugle could not be heard distinctly from one ex- 
tremity to the other. 

The Groma stood in the middle of the principal 
street ( Via Principalis), which was sixty feet 
wide, extending right across the camp, with the 
two Portac Princijxdes at its extremities. The 
two remaining gates, which, like the former, re- 
tained their ancient names, were the /'or/a I'rac- 
toria, which was nearest to the enemy (porta 
praeioria semper hostem spec/are debet), and the 
Porta Decumana, and these were placed in the 
centre of the two shorter sides of the oblong. 
Immediately behind the Groma, a rectangular 
space, 720 feet long by 180 broad, was set apart 
for the emperor or commander-in-chief, and, as in 
the consular camp, termed the Pmetorium. Im- 
mediately behind the Pmetorium, that is to say, 
at the extremity most distant from the Groma, n 
street called the Via Quintana, 40 feet wide, ex- 
tended across the camp parallel to the Via Prin- 
cipalis. When the enmp exceeded the ordinary 
dimensions, then two additional gates were formed 
at the extremities of the Via Quintann, the breadth 
of which was in that case increased to 50 feet 

It will be seen at a glance that tho camp was 
divided into three segments by the Via I'rincipalil 
and tho Via Ouiiitiua. Kach of these segments 
had a name. The whole of tho middle segment, 
lying to the right and the left of the Pmetorium, 



252 



CASTRA. 



CASTRA. 



(Fig. 3.) 

PORTA PRAETORIA 
I I 



1NTERVALLUM 



INTER VALL U (VI 



CoJiOTI 



CoJuVI 



CoTl.V 



CohiVTl 



VIA SAGU L A R IS 



SINISTERIOR 



O 

o, >- 



23 



00 
17 


180 

CoTOV" 


180 

CoMTI 


180 

CoMI 


60 

4 
cr 
o 
1- 
tij 
< 
a: 
B- 

< 


18 


13 


17 


05 


ie 


is 


14 


12 


12 


12 


> 


12 


11 . 


11 


10 




30 




+ PRINCIPALIS 




PORTA PRINCIPALIS | \ 
_ DEXTER | OR J J 



VIA QUI NTAN A 



22 



, VIA SACULARIS 


|g 


360 j o«0 
CoTiTX 1 Col.X 


1 |„ 380 360 
1 l§ CoKX. Coh.TrL \ 




INTER VALLUM 


INTERVALLUM 



^7 

PORTA DECUMANA 



formed the Latera Praetorii. The segment included 
between the Via Principalis and that side of the 
camp in which the Porta Praetoria stood formed the 
Praetentura. The segment included between the 
Via Quintana and that side of the camp in which 
the Porta Decumana stood formed the Retentura. 



The legiones being the most trustworthy of the 
troops in the provinces, were quartered by cohorts 
next to the rampart all round the camp, encircling 
completely with their lines the masses of foreigners, 
who, together with the imperial guards, formed 
| the supplementa. 



CASTRA. 



CAST R A. 



253 



A clear space of 60 feet (inlervallum) was left 
between the tents of the legionaries and the ram- 
parts, and they were separated from the quarters 
of the other troops, whom they surrounded, by a 
street called the Via Sagularis, which ran com- 
pletely round the camp, so that the whole of the 
legionaries, with the exception of the first cohort 
in each legion, and three ordinary cohorts for whom 
there is not room in the outer ring, were bounded 
on one side by the intervallum and on the other 
by the Via Sagularis. The remaining streets not 
particularly specified were comprehended under the 
general name Viae Vicinariae s. Vicinales, and 
their breadth was 20 feet. 

The defences of a camp might be fourfold : — E 
Fossa. 2. Vallum. 3. Cervoli. 4. Anna. 

1. The Fossa might be of two kinds, a. The 
Fossa fastigata, with both sides sloping, so as to 
form a wedge ; or, b. the Fossa Punica, of which 
the outer side was perpendicular, the inner side 
sloping, as in the fossa fastigata. The breadth in 
either case was to be at least 5 feet, the depth 
3 feet. Outside of each gate a ditch was dug ex- 
tending on both sides somewhat beyond the gate : 
this, on account of its shortness, was called Titulus, 
and in front of the titulus was a small semicircular 
redoubt (clavicula). 

2. The Vallum was formed of earth and turf, or 
of stone, 6 feet in height, 8 feet broad. 

3. When the nature of the ground did not 
admit of the constniction of a sufficient vallum, 
then a chevaux de frise (cervoli) was substituted. 

4. When neither a Vallum nor Cervoli could be 
employed, then the camp was surrounded by a 
ring of armed men four deep, numerous sentries 
were posted in each line, and the cavalry patrolled 
in turn in every direction. 

The words of Hyginus would lead us to sup- 
pose that when no danger was apprehended, a 
ditch alone was considered sufficient ; and even 
this was excavated merely for the sake of exercis- 
ing the men (causa disciplinae). 

\V r c can now proceed to point out in what 
manner the three segments were occupied, refer- 
ring to the numbers on the figure, it being under- 
stood that, as before, we shall not enter here into 
any discussions regarding the origin and character 
of the different battalions named, all information 
upon such matters being given in the article Ex- 

KRC1TU8. 

A. Praelorittm el Latera Praiiorii. 

1. Praetorium. 2. Arae, on which public sa- 
crifice was offered. The position assigned to them 
is conjectural ; but they were, at all events, in the 
immediate vicinity of this spot. 3. Auguratoriuw, 
in which the Iinpcratnr took the auspices — the 
altars were perhaps erected in front of this place, 
at least such mi the case sometimes. (Sec Tacit. 
Ann. xv. 30, where the form Anguralr. is em- 
ployed.) 4. Tribunal, the elevated platform from 
which addresses were delivered to the troops. 
Close to the prai'toriiiin was a guardhouse (stationi 
dari ojmrtct secundum praetorium pedes vitfinti). 
5. f.'omites fin/xrnloru, the personal staff of the 
Imprrator, among whom the chief place, next to 
the Via Principalis, was assigned to the PraefectOf 
Praeterio. ti. i'.qnitrs singubires Imperatori* el 
J'.ijiitlm I'raeloriani : the number of these win 
variable ; but Hygintu give* as an average 150 
of the former and 100 of the latter. 7. CohorUs 



praetoriue quatuor. Primipilares. Ecocati. Offi- 
ciates. The praetorians were allowed twice as 
much space as the troops of the line. 8. Alae 
quingenariae quatuor. 9. In each of the spaces 
marked 9, on the extreme right and left of" the 
Praetorium, bordering on the Via Sagularis (per 
rigorem viae sagularis) was placed the first co- 
hort and the vexillarii of one legion. The first 
cohort and the vexillarii of the remaining legion 
will be found in the Praetentura. The first co- 
hort of a legion contained 960 men, being twice as 
numerous as the others ; the vexillarii of a legion 
amounted to about 500. 

B. Praetentura. 

10. Scanmum Legatorum. The quarters of the 
legati. 11. Scamnum Tribunorum. Immediately 
behind the legati, were the legionary tribunes and 
the tribunes of the praetorian cohorts. 

In the language of surveyors, scamnum was a rec- 
tangular figure, whose breadth exceeded its length, 
striga a rectangular figure, whose length exceeded 
its breadth. So, Signa and Tubulinum arc the terms 
used with reference to the direction of the length 
and breadth respectively : thus, " Cohors prima 
causa signorum et aquilae intra viam sagulariam, et 
quoniam duplum numerum habet, duplam pedatu- 
ram accipiet, ut, puta, signis pedes centum viginti, 
tubulino pedes trecenlos sexaginta, vel signis centum 
ocioginta tubulino pedes ducenlos quadragintu." It 
is the more necessary to call attention to this, be- 
cause these significations have been passed over 
by the best lexicographers, and we find that some 
modem expounders of Hyginus imagine Tubulinum 
to have been an office where the books and ac- 
counts of the legion were kept Another example 
of the use of these words will be given below. 
12. Alae milliariue quatuor, one in each of these 
four compartments. 1 3. Valetudinarium, the hos- 
pital for the sick soldiers. 14. Veterinarian, the 
hospital for the sick horses. 15, 16. C/assici, 
marines employed as pioneers. Mauri c/piites 
sexcenti. Pannonii Vercdurii octingenti. These 
two bodies of light cavalry were quartered near 
the classici, because, when the latter were sent in 
advance to clear the way, they were guarded by 
the former. 17. Exploratorcs. General Roy in his 
plan places them in these two small compartments, 
but it appears more probable from the words of 
Hyginus, that they were quartered all together 
on the side next to 10. 18 and 19. The first 
cohort of the remaining legion and its Vexillarii, 

On the opposite side of the Via Praetoria, three 

legimiary < nhorts, for « I there « a- not sufficient 

space outside of the Via Sagularis. 

In the Praetentura stood also the Fabriea or 
workshop of the carpenters and armourers, erected 
at a distance from the Valetudinnriuni, so that 
the noise might not disturb the patients. 

Within the scamnum of the legati were the 
Scholar, of the first cohorts, the places apparently 
where the superior officers of the legions assembled 
in order to receive the general orders of the day. 

C. IMcntura. 
20. Qiiiiesioriiim. This space corresponded in 
name only with the Qnaeitnrium of the Polybian 
ramp, for it was no longer lumigned to a quaestor 
1 Qiiai nlorium dirititr qnml nliqnando ibi qttucttorcs 
prduturum rirrrprrint). It was occupied partly by 
prisoners of rank, hostages, and plunder, and here 



254 



CASTRA. 



CASTRA. 



perhaps the Praefectus Castrorum may have been 
quartered, unless we are to look for him among 
the Comites Imperatoris. 

21. Statorum centuriae duae, who guarded the 
rear of the praetorium, and always kept close to 
the person of the Imperator. These, like the prae- 
torians, had double space assigned to them. 

22. Cohortes equitatae milliariae duae. Cohortes 
equitatae quingenariae quaiuor. 

23. Cohortes peditatae milliariae tres. Cohortes 
peditatae quingenariae tres. 

24. Nationes. Barbarian troops. Palmyreni 
quingenti. Caetae nongenti. Daci septingenti. Bri- 
tones qningenti. Cantabri septingenti. Among 
these we find enumerated Sumactares, a word 
which no one has succeeded in explaining, but it 
is in all probability a corrupt form. 

Camels with their riders (cameli cum suis epi- 
batis) were frequently included among the con- 
stituents of an army, being used both in offensive 
operations, and also in carrying plunder. 

Two points strike us forcibly when we compare 
the camp of Hyginus with that of Polybius ; first, 
the flimsy character of the fortifications, which 
must be attributed to the disinclination felt by 
the soldiers to perform regularly and steadily the 
same amount of labour which was cheerfully exe- 
cuted by soldiers of the republic ; and, secondly, 
the desire every where visible to economise space, 
and compress every thing within the narrowest 
possible limits. Although the numbers of an army, 
euch as we have been considering above, cannot be 
determined with absolute precision, they must, 
on the lowest computation, have exceeded 40,000 
men, and these were crowded together into less 
than one half the space which they would have 
occupied according to the ancient system, the pro- 
portion of cavalry, moreover, being much larger in 
the imperial force. The camp of Polybius, calcu- 
lated for less than 20,000, contains upwards of 
four millions of square feet, while the camp of 
Hyginus embraces little more than three millions 
and seven hundred thousand. 

We may conclude with a few words upon a 
topic entirely passed over by Polybius, but on 
which Hyginus affords ample information in so far 
as the usages of his own day are concerned — the 
number and arrangement of the tents. 

A double row of tents (papiliones) facing each 
other, with a space between for piling the arms of 
the soldiers, and for receiving the beasts of burden 
and the baggage, was termed Striga ; a single row, 
with a corresponding space in front, Hemistrigium. 
The normal breadth of a Striga was 60 feet, of a 
Hemistrigium 30 feet, made up as follows : — 
1 feet were allowed for the depth of each tent, 
6 feet for a passage behind the tent, 5 feet for 
the arms piled in front of the tent, 'J feet for the 
jumenta and baggage ; total 30 feet for the hemi- 
strigium, which doubled for the striga gives 60, the 
space between the rows being 28 feet. The length 
of the striga or hemistrigium varied according to 
circumstances. 

A full legionary century (plena centuria), when 
Hyginus wrote, consisted of 80 men, who occu- 
pied 1 papiliones. The length allowed for each 
papilio was 12 feet, 10 feet for the papilio itself, 
and 2 feet for lateral passages (incrementum ten- 
surae), and thus the length of the line along 
which the papiliones of a century stretched was 
10x12 = 120 feet. Out of this the centurion 



had a space allotted to him equal to that required 
for 2 tents, so that the privates of the century oc- 
cupied 8 tents only, that is, they were quartered 
at the rate of 10 men to each tent. But since 16 
men or 4 guards (reTpaSla) in each century were 
always out upon duty, there were never more 
than 8 men actually in a tent at the same time. 

(Fig. 4.) 

Striga of two centuries 

320 

ia 

0> 



a 

V o 

120 

Since a striga 120 feet in length and 60 feet in 
breadth, containing 7200 square feet, was allotted 
(Fig. 5.) 

Hemzsh-igucm of one Ceniurt/ 

□dQDgognBBii 



to 2 centuries, and since an ordinary legionary 
cohort contained 6 centuries, it follows that the 
space required for each cohort (pedatura cohortis) 
of 480 men was 21,600 square feet. 

The troops were usually quartered in cohorts, 
and these might be variously disposed, it being 
always desirable that a whole century should 
always be ranged in an unbroken line. 

If the striga was equal to one century in length, 
then the cohort would occupy three strigae in 
breadth, that is, a space 120 feet long, by 180 
broad = 21,600 square feet. See fig. (6.) 

(Fig. 6.) 

□□□□□□□□□□} 



□□□□□□□□□□ 
□□□□□□□□□□ 



□□□□□□□□□□[ 
□□□□□□□□□□[ 

(□□□□□□□□CO 

If the striga was equal in length to two centuries, 
then the cohort would occupy one whole striga 
and a hemistrigium, that is, a space 240 feet long by 
90 feet broad = 21,600 square feet See fig. (7.) 



CAST R A. 



(Fig. 7.) 
zuo 



CASTRA. 



255 



§[ □□□□□□□□□□□□□□□□□□□□1 % 

O'lZ 



If the striga was equal in length to three cen- I only, or a space 360 feet long by 60 feet broad 
turies, then the cohort would occupy one striga | =21,600 square feet. See fig. (8.) 

(Fig. 8.; 

3"»o 

"□□□□□□□□□□□m 



]□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 



It is to be observed that in the plan of the camp 
given above, the legionary cohorts on the longer 
sides are in strigae of 240 feet in length, those on 
the shorter Bides in strigae of 360 feet in length. 

When the number of legions in an army was 
greater in proportion to the supplementa than in 
the array which we have reviewed, then in order 
that they might still be ranged outside of the Via 
Sagularis, the strigae presented their breadth to 
the vallum instead of their length, or to use the 
technical phrase, the length which in the former 
case had been assigned to the Siffna, was now 
given to the Tabulinum (Quodsi hgiones plures ac- 
crperimus el supplementa pauciora ui necessarium 
sit cohortes circa vallum crcbrius ponere cmvertemus 
pedaluram, quod fuerat sigxis tabulino da- 

III.MUS). 

If A B be the line of the vallum, C will repre- 
sent the position of the cohort in the one case, D 
in the other. 





Josephus, in his account of the Jewish war, 
takes special notice of the Roman encampments, 
and, although he does not enter into minute details, 
his observations, with which we shall conclude 
this article, form a useful supplement to Hyginus. 
It is evident from the numerous artizans for whom 
workshops are provided, from the towers with 
which the vallum was strengthened, and from the 
precaution of setting fire to every thing left behind, 
that the words of the historian refer chiefly to 
Castra Stativa. He begins by remarking (II. J. 
iii. 5) that the Romans when invading an enemy's 
country never hazard an engagement until they 
have fortified a camp (ou irplv air-rom-ai ndxvs f) 
Teix'iTai (TTpaToVeSoj'), which, in form, is a squaro 
(5<au€Tpe?Toi 5c iraptaSoKj) T(Tpayuivos), with four 
gates, one on each side. The rampart by which 
it is surrounded exhibit* the appearance of a wall 
furnished with towers at equal distances, and in 
the spaces between the towers is placed the artillery 
ready for immediate service (tows t( b^vStXtlt, 

Kal KaTOTTfATOt, Kol A|l'.,',„Aa, Kal W &lf>«TV)piOJ' 

vpyavov Tidiaatv, S.wairra irpos rat floAas iroi/ia). 
The camp is divided conveniently by streets, in 
the middle arc the tents of the officers, and in the 
very centre of all the praetorium (to (tt parity tov) ; 
there is also a forum (iyopd ru airoStlxwrai), 
and a place fur artificer! (x (t P°' T *X va '^ X U P^<" / ), 
of whom a great number follow the army with 
building tools, and seats for the tribunes and cen- 
turions (dwKof t* Aoxeryoit ko! ra^iapxait), where 
they decide any disputes which may arise. When 
necessary (»/ 81 ixtlyoi) a ditch is dug all round, 
four cubits deep and four cubits broad. 

At day dawn (inri ii tJj? }'») all the soldiers 
repair to the tents of their respective centurions 
(«V1 tout iKamyrdpxat ) and salute them: the 
centurions repair to the tritiuncs (irpbs "out X'- 
\iapxovt), nlong with whom all the centurions 



256 CATAPHRACTI. 



CATARACT A. 



(ra^iapxai) repair to the commander-in-chief, from 
whom they receive the watchword (ffy/xeiov) and 
the general orders of the day, to he conveyed by 
them to their respective divisions. 

When a camp is broken up, at the first blast of 
the trumpet the soldiers strike the tents, and pack 
up the utensils ; at the second they load the mules 
and other beasts of burden, set fire to every thing 
which could prove serviceable to an enemy, and 
stand like coursers ready to start forward on a 
race ; the third gives the last warning that all 
things being now prepared every man must be in 
his place. Then the herald, standing at the right 
hand of the general, demands thrice if they are 
ready for war, to which they all respond with loud 
and repeated cheers that they are ready, and for 
the most part, being filled with martial ardour, 
anticipate the question, and raise their right hands 
on high with a shout. (B. J. iii. 5. § 4.) [W. R.] 
CATAGO'GIA (KaTayayia). [Anagogia.] 
CATAGRAPHA. [Pictura.] 
CATA'LOGUS (KaraKoyos), the catalogue of 
those persons in Athens who were liable to regular 
military service. At Athens, those persons alone 
who possessed a certain amount of property, were 
allowed to serve in the regular infantry, whilst the 
lower class, the thetes, had not this privilege. Thus 
the former are called oi eK Kara\6yov aTparevov- 
T6s, and the latter ol e£« tov KaraXdyov. (Xen. 
Hell. ii. 3. § 20.) Those who were exempted by 
their age from military service, are called by 
Demosthenes (De Synt. p. 167.) ol virep tov 
Kon-akoyov. It appears to have been the duty of 
the generals (a-Tparriyoi) to make out the list of 
persons liable to service [Astrateias Graphe], 
in which duty they were probably assisted by the 
demarchi, and sometimes by the SiovKevrai. (Dem. 
e. Polycl. p. 1208.) 

CATALU'SEOS TOU DEMOU GRAPHE' 
(KdTakvcrews rod $i][xov ypa(j>T]), was an action 
brought against those persons who had altered, or 
attempted to alter, the democratical form of go- 
vernment at Athens. A person was also liable to 
this action who held any public office in the state 
after the democracy had been subverted. (Andoc. 
de Myst. p. 48.) This action is closely connected 
with the irpob~oo~ias ypa<pr) (iw\ TrpoSoaia rr/s 
iroAe'co?, % e7rl ita.Ta\vo-ei tov S^uou, Demosth. 
c. Timocr. p. 748), with which it appears in some 
cases to have been almost identical. The form of 
proceeding was the same in both cases, namely, by 
e\<rayyeKia. In the case of Kara\vaeias tov Sri/j.ov, 
the punishment was death ; the property of the 
offender was confiscated to the state, and a tenth 
part dedicated to Athena. (Andoc. De Myst. 
p. 48.) 

CATAPHRA'CTI (kot^poktoi). 1. Heavy- 
armed cavalry, the horses of which were also co- 
vered with defensive armour (Serv. ad Virg. Acn. 
xi. 771), whence they are called by Pollux (i. 140) 
■ntptiretppayixivoi. The armour of the horses con- 
sisted either of scale armour, or of plates of metal, 
which had different names according to the parts of 
the body which they protected. Pollux (i. 140) 
speaks of the TrpofieTuiriStov, irapanrtov, irapifiov, 
Trpoo~T(pv'i5iov, TrapawkevpiSiov, irapafiripiSiov, ira- 
paicvnixlSiov. Among many of the Eastern nations, 
who placed their chief dependence upon their 
cavalry, we find horses protected in this manner ; 
but among the Romans we do not read of any 
troops of this description till the later times of the 



empire, when the discipline of the legions was de- 
stroyed, and the chief dependence began to be 
placed on the cavalry. 

This species of troops was common among the 
Persians from the earliest times, from whom it was 
adopted by their Macedonian conquerors. (Liv. 
xxxv. 48 ; xxxvii. 40.) In the army of the elder 
Cyrus, Xenophon (Cyr. vi. 4. § 1) says that the 
horses were protected by coverings for the forehead 
and chest (irpofieTairtSiois Kai ■KpocfTtpviSiois) ; 
and the same was the case with the army of Arta- 
xerxes, when he fought with his younger brother. 
(Xen. Anab. i. 8. § 7.) Troops of this description 
were called clibanarii by the Persians (cataphracti 
eguites, quos clibanarios dictitant Persae, Amm. 
Marc. xvi. 10 ; compare Lamprid. Alex. Sev. 56). 
We first read of cataphracti in the Roman army in 
the time of Constantine. (Amm. Marc. I. c.) 

2. The word was also applied to ships which 
had decks, in opposition to Aphracti. [Navis.] 

CATAPIRA'TER (Kan-aweiparnpia, PoAls), the 
lead used in sounding (eV t£ /SoAi^eij/), or fathom- 
ing the depth of water in navigation. The mode 
of employing this instrument appears to have un- 
dergone no change for more than two thousand 
years, and is described with exactness in the ac- 
count of St. Paul's voj r age and shipwreck at Me- 
lite. (Acts, xxvii. 28.) A cylindrical piece of 
lead was attached to a long line, so as to admit of 
being thrown into the water in advance of the 
vessel, and to sink rapidly to the bottom, the line 
being marked with a knot at each fathom, to mea- 
sure the depth. (Isid. Orig. xix. 4 ; Eustath. in 
IL v. 396.) By smearing the bottom of the lead 
with tallow (unctum, Lucilius, ap. Isid. I. e.), spe- 
cimens of the ground were brought up, showing 
whether it was clay (Herod, ii. 5), gravel, or hard 
rock. [J. Y.] 

CATAPULTA. [Tormentum.] 
CATARACTA (Karappi-KT-qs), a portcullis, so 
called because it fell with great force and a loud 
noise. According to Vegetius (De Re Mil. iv. 4), 
it was an additional defence, suspended by iron 




CATENA. 

rings and ropes, before the gates of a city, in such 
a manner that, when the enemy had come up to 
the gates, the portcullis might be let down so as to 
shut them in, and to enable the besieged to assail 
them from above. In the accompanying plan of 
the principal entrance to Pompeii, there are two 
sideways for foot passengers, and a road between 
them, fourteen feet wide, for carriages. The gates 
were placed at A, A, turning on pivots [Cardo], 
as is proved by the holes in the pavement, which 
still remain. This end of the road was nearest to 
the town ; in the opposite direction, the road led 
into the country. The portcullis was at B, B, and 
was made to slide in grooves cut in the walls. The 
sideways, secured with smaller gates, were roofed 
in, whereas the portion of the main road between 
the gates (A, A) and the portcullis (B, B) was open 
to the sky. When, therefore, an attack was 
made, the assailants were either excluded by the 
portcullis ; or, if they forced their way into the 
barbican and attempted to break down the gates, 
the citizens, surrounding and attacking them from 
above, had the greatest possible facilities for im- 
peding and destroying them. Vegctius speaks of 
the 44 cataracta " as an ancient contrivance ; and 
it appears to have been employed by the Jews at 
Jerusalem as early as the time of David. (Psal. 
xxiv. 7, 9 ; camp. Jer. xx. 2. Sept.) [J. Y.] 

KATASKOPES GRAPHE' (KaraaKoirns 
ypatpt), an action brought against spies at Athens. 
If a spy was discovered, he was placed on the 
rack, in order to obtain information from him, and 
afterwards put to death. (Antiphanes, ap. Athen. 
ii. p. 66, d. ; Dem. De Cor. p. 272 ; Aeschin. 
c. Ctesiph. p. 616; Plut. Vit. dec. Orat. p. 848, a.) 
It appears that foreigners only were liable to this 
action ; since citizens, who were guilty of this 
crime, were accused of irpoSotria. 

CATASTA. [Servus.] 

CATEIA, a missile used in war by the Ger- 
mans, Gauls, and some of the Italian nations ( Virg. 
Aen. viL 741 ; Val. Flac. vi. 83 ; Aul. GelL x. 
25), supposed to resemble the aclis. (Sen-, in 
Aen. I. c. ; Isid. Oriij. xviii. 7.) It probably had 
its name from cutting ; and, if so, the Welsh terms 
catai, a weapon, cateia, to cut or mangle, and 
catau, to fight, are nearly allied to it. [J. Y. 1 

CATELLA. [Catena.] 

CATE'NA, dim. CATELLA (SAuo-ir, dim. 
aXvotov, aKvaiSiov), a chain. The chains which 
were of superior value, cither on account of the 
material or the workmanship, are commonly called 
catellae (i\v<ria), the diminutive expressing their 
fineness and delicacy as well as their minuteness. 
The specimens of ancient chains which we have in 
bronze lamps, in scales [ Libra ] ,and in ornaments 
for th e person, especially necklaces f M(>Nii.E],show 
a great variety of elegant and ingenious pattrnis. 
Besides a plain circle or oval, the separate link is 
often shaped like the figure 8, or is a bar with a 
circle at each end, or assumes other forms, some of 



CAUPO. 



257 




which are here shown. The links are also found 
•o closely entwined, that the chain resembles 



platted wire or thread, like the gold chains now 
manufactured at Venice. This is represented in 
the lowest figure of the woodcut. 

These valuable chains were sometimes given as 
rewards to the soldiers (Liv. xxxiv. 31) ; but they 
were commonly worn by women (Hor. Ep. i. 17. 
55), either on the neck (fepl rbv Tpdxyhov 
iXvtriov, Menander, p. 92, ed. Mcin.), or round 
the waist (Plin. H.N. xxxiii. 12); and were used 
to suspend pearls, or jewels set in gold, keys, 
lockets, and other trinkets. [J. Y.] 

CATERVA'RII. [Gi.adiatores.] 
CA'THEDRA, a seat; but the term was more 
particularly applied to the soft seats used by wo- 
men, whereas selta signified a seat common to both 
sexes {inter femineas catliedras, Mart. iii. 63, iv. 
79 ; Hor. Sat. L 10. 91 ; Prop. iv. 5. 37). The 
cathedrae were, no doubt, of various forms and 
sizes ; but they usually appear to have had backs 
to them, as is the case in the one represented in 
the annexed woodcut, which is taken from Sir 
William Hamilton's work on Greek vases. On 
the cathedra is seated a bride, who is being fanned 
by a female slave with a fan made of peacock's 
feathers. 




Women were also accustomed to be carried 
abroad in these cathedrae instead of in lccticac, 
which practice was sometimes adopted by effemi- 
nate persons of the other sex (sola cervice feratur 
cathedra, Juv. Sat. i. 65 ; compare ix. 51). The 
word cathedra was also applied to the chair or 
pulpit from which lectures were read. (Juv. Sat. 
vii. 203; Mart i. 77.) Compare Biittiger, Sabina, 
vol. i. p. 35 ; Scheffer, De lie I'chiciU. ii. 4. 

CATILLUS. [Catinus,] 

CATINUS, or CATINUM, a large dish, on 
which fish and meat were served up at table. 
Hence Horace speaks of an anr/usias patinas ns ;m 
indication of niggardliness on the part of the host. 
(Hor. Ep. ii 4. 77 ; Pen. iii. 11.) From this 
word came the diminutive oatVlus or catil/um, a 
small dish. 

CAVAE DU M. [Domds.] 

CAVEA. | Til KATR I'M, ] 

CAUPO. The nature of the business of a 
raupo iii explained by (inius (Ad Edict, /'ravine. 
Dig. 4. tit. 9. s. 5) : 44 rnupo . . . mercedem accipit 



258 



CAUPONA. 



CAUPONA. 



non pro custodia, sed . . . ut viatores manere in 
caupona patiatur . . . et tamen custodiae nomine 
tenetur." The caupo lodged travellers in his 
house, and, though his house was not opened for 
the safe keeping of travellers' goods, yet he was 
answerable for their goods if stolen out of his 
house, and also for damage done to them there. 
The praetor's edict was in this form : " Nautae 
(carriers by sea), caupones, stabularii (persons who 
kept stables for beasts), quod cujusque salvum 
fore receperint, nisi restituent, in eos judicium 
dabo." By this edict such persons were made ge- 
nerally liable for the things which came into their 
care ; for the words " quod cujusque salvum fore 
receperint," are explained thus, " quamcunque rem 
sive mercem receperint." But if the goods of the 
traveller were lost or damaged owing to any un- 
avoidable calamity, as robbery, fire, or the like, the 
caupo was not answerable. The action which the 
edict gave was " in factum," or an action on the 
case ; and it was Honoraria, that is, given by the 
praetor. The reason why an Honoraria actio was 
allowed, though there might he actiones civiles, is 
explained by Pomponius (quoted by Ulpian, Ad 
Edictum, Dig. 4. tit. 9. s. 3. § 1) : in certain cases 
there might be an actio locati et conducti, or 
an actio depositi, against the caupo ; but in the 
actio locati et conducti, the caupo would be an- 
swerable only for culpa, and in the actio depositi 
he would be answerable only for dolus, whereas in 
this honoraria actio he was liable even if there was 
no culpa, except in the excepted cases. The Eng- 
lish law as to liability of an innkeeper is the same. 
(Kent v. Shuckard, 2 B. & Ad. 803.) [G. L.] 

CAUPO'NA, signified, 1. An inn, where tra- 
vellers obtained food and lodging ; in which sense 
it answered to the Greek words TravSoKtiov, 
Karaywyiov, and KardAvviS. 2. A shop, where 
wine and ready-dressed meat were sold, and thus 
corresponded to the Greek KarrriAeTou. The per- 
son who kept a caupona was called caupo. 

It has been maintained by many writers that 
the Greeks and Romans had no inns for the ac- 
commodation of persons of any respectability, and 
that their cauponue and iravSoKe'ia were mere 
houses of shelter for the lowest classes. That such, 
however, was not the case, an attentive perusal of 
the classical authors will sufficiently show ; though 
it is, at the same time, very evident that their 
houses of public entertainment did not correspond, 
either in size or convenience, to similar places in 
modern times. 

Greek Inns. — The hospitality of the earliest 
times of Greece rendered inns unnecessary ; but in 
later times they appear to have been very nume- 
rous. The public ambassadors of Athens were 
sometimes obliged to avail themselves of the ac- 
commodation of such houses (Aeschin.Z)e Fals. Leg. 
p. 273), as well as private persons. (Cic. De Div. 
i. 27, Inv. ii. 4.) In addition to which, it may 
be remarked, that the great number of festivals 
which were celebrated in the different towns of 
Greece, besides the four great national festivals, 
to which persons flocked from all parts of the 
Hellenic world, must have required a considerable 
number of inns to accommodate strangers, not only 
in the places where the festivals were celebrated, 
but also on the roads leading to those places. 
(Becker, Cltarildes, vol. i. p. 134.) 

The word KotTntf^tLov signified, as has been al- 
ready remarked, a place where wine and ready- 



dressed provisions were sold. Kair7jA.or signifies 
in general a retail trader, who sold goods in small 
quantities, whence he is sometimes called iraMy- 
KawT]Xos, and his business iraAiyKaTrriKtveiv (Dem. 
c. Dionysodor. p. 1285 ; Aristoph. JPlut. 1156 ; 
Pollux, vii. 12) ; but the term is more particularly 
applied to a person who sold ready-dressed provi- 
sions, and especially wine in small quantities. 
(Plat. Gorg. p. 518.) When a retail dealer in 
other commodities is spoken of, the name of his 
trade is usually prefixed ; thus we read of irpoSa- 
tok6.tt7]\os (Plut. Pericl. 24), onXoiv KdirriAos 
(Aristoph. Pax, 1175), ao~iri5wu /camjAos (Id. 
439), j3i§Aioica7rrjAor, &c. In these xennjAeia 
only persons of the very lowest class were accus- 
tomed to eat and drink. (Isocr. Areiop. c. 18 ; 
Becker, ChariUes, vol. i. p. 259, &c.) 

2. Roman Inns. — A Roman inn was called not 
only caupona, but also taberna and taberna diver- 
soria, or simply diversorium or deversorium. Along 
all the great roads of Italy there were inns, as we 
see from the description which Horace gives of his 
journey from Rome to Brundisium (Sat. i. 5), 
though the accommodation which they offered was 
generally of a poor kind. We also find mention 
of public inns in Italy in other passages. (Cic. 
pro Cluent. 59, Phil. ii. 31 ; Hor. Ep. i. 11. 11 ; 
Propert. iv. 8. 19; Acts of the Apostles, xxviii. 
15.) At Rome, there must have been many inns 
to accommodate strangers, but they are hardly ever 
spoken of. We, however, find frequent mention 
of houses where wine and ready-dressed provisions 
were sold, and which appear to have been nume- 
rous in all parts of the city. The houses where 
persons were allowed to eat and drink were usually 
called Popinae and not cauponae ; and the keepers 
of them, Popae. They were principally frequented 
by slaves and the lower classes (Cic. Pro Mil. 24), 
and were consequently only furnished with stools 
to sit upon instead of couches, whence Martial (v. 
70) calls these places sellariolas popinas. This 
circumstance is illustrated by a painting found at 
Pompeii in a wine-shop, representing a drinking- 
scene. There are four persons sitting on stools 
round a tripod table. The dress of two of the 
figures is remarkable for the hoods, which resemble 




those of the capotes, worn by the Italian sailors 
and fishermen of the present day. They U3e cups 
made of horn instead of glasses, and from their 
whole appearance evidently belong to the lower 
orders. Above them are different sorts of eatables 
hung upon a row of pegs. 

The Thermopolia, which are spoken of in the 
article Calida, appear to have been the same as 
the popinae. Many of these popinae were little 
better than the Lupanaria or brothels ; whence 



CAUTIO. 

Horace (Sat. ii. 4. 62) calls them immundus 
pojiinas. The wine-shop at Pompeii, where the 
painting described above was found, seems to have 
been a house of this description ; for behind the 
shop there is an inner chamber containing paint- 
ings of every species of indecency. (Gell's Pom- 
peiana, voL ii. p. 10.) The Ganeae, which are 
sometimes mentioned in connection with the 
popinae (Suet. Tib. 34), were brothels, whence 
they are often classed with the lustra. (Liv. xxvi. 
2; Cic. Phil. xiii. 11, Pro Serf. 9.) Under the 
emperors many attempts were made to regulate the 
popinae, but apparently with little success. Ti- 
berius forbad all cooked provisions to be sold in 
these shops (Suet. Tib. 34) ; and Claudius com- 
manded them to be shut up altogether. (Dion 
Cass, be 6.) The} - appear, however, to have been 
soon opened again, if they were ever closed ; for 
Nero commanded that nothing should be sold in 
them but different kinds of cooked pulse or vege- 
tables (Suet Ner. lb"; Dion Cass. lxii. 14); and 
an edict to the same effect was also published by 
Vespasian. (Dion Cass. lxvi. 10.) 

Persons who kept inns or houses of public enter- 
tainment of any kind, were held in low estimation 
both among the Greeks and Romans (Theophr. 
Char. 6 ; Plat. Leg. xi. pp. 918, 919) ; and though 
the epithets of perfidi and maJigni, which Horace 
gives to them (Sat. L 1. 29, i. 5. 4), may refer 
only to particular innkeepers, yet they seem to ex- 
press the common opinion entertained respecting 
the whole class. (Zcll, Die Wirl/mhiiuser d. Alien ; 
Stockmann, Lie Popinis ; Becker, Gallus, to], i. 
pp. 227—236.) 

CAUSA LIBERA'LIS. [Assertob.] 
CAUSAE PROBA'TIO. [Civitas.] 
CAUSIA (Kavaia), a hat with a broad brim, 
which was made of felt and worn by the Mace- 
donian kings. (Valer. Max. v. 1. § 4.) Its form 
is seen in the annexed figures, which arc taken 
from a fictile vase, and from a medal of Alexander 



CAUTIO. 



259 




I. of Macedon. The Romans adopted it from the 
Macedonians (Plant MU. Qlor. iv. 4. 42, Pert. 
i. 3. 75 ; Antip. Thess. in lirunrkii Anal. ii. Ill), 
and more especially the Krnperor Caracalla, who 
used to imitate Alexander the Great in his cos- 
tume. (Herodian. iv. 8. § 5.) | .1. V. | 

CAU'TIO, CAVE' RE. These words arc of 
frequent occurrence in the Roman classical writers 
and jurists, and have a frreat variety of significa- 
tions according to the matter to which they refer. 
Their general signification is that of security given 
by one person to another ; also security or legnl 
safety which one person obtains by the advice "i 
assistance of another. The general term (cautio) 
is distributed into its species according to the par- 
ticular kind of the security, which may be by 
sntisdatio, by a fidejussio, and in various other 
ways. The general sense? of the word cautio is 



accordingly modified by its adjuncts, as cautio 
fidejussoria, pigneraticia, or hypothecaria, and so 
on. Cautio is used to express both the security 
which a magistratus or a judex may require one 
party to give to another, which applies to cases 
where there is a matter in dispute of which a 
court has already cognizance ; and also the secu- 
rity which is given and received by and between 
parties not in litigation. The words cautio and 
cavere are more particularly used in the latter 
sense. 

If a thing is made a security from one person to 
another, the cautio becomes a matter of pignus or 
of hypotheca ; if the cautio is the engagement of a 
surety on behalf of a principal, it is a cautio fide- 
jussoria. 

The cautio was most frequently a writing, which 
expressed the object of the parties to it ; accord- 
ingly the word cautio came to signify both the in- 
strument (chirographum or instrumentum) and the 
object which it was the purpose of the instrument 
to secure. (Dig. 47. tit. 2. s. 27.) Cicero (Ad 
Die. vii. 18) uses the expression cautio chirographi 
mei. The phrase cavere ulirptid alicui expressed 
the fact of one person giving security to another as 
to some particular thing or act. (Dig. 29. tit. 2. 
s. 9; 35. tit 1. s. 18.) 

Ulpian (Dig. 46. tit. 5) divides the praetoriae 
stipulationes into three species, judiciales, cautio- 
nales, communes ; and he defines the cautionales 
to be those which are equivalent to an action 
(instar aciionu haljent) and are a good ground for 
a new action, as the stipulationes de legatis, tutcla, 
ratim rem habere, and damnum infectum. Cau- 
tiones then, which were a branch of stipulationes, 
were such contracts as would be ground of actions. 
The following examples will explain the passage of 
Ulpian. 

In many cases a heres could not safely pay 
legacies, unless the legatee gave security (cautio) 
to refund in case the will under which he claimed 
should turn out to be bad. (Dig. 5. tit. 3. s. 17.) 
The Muciana cautio applied to the case of testa- 
mentary conditions, which consisted in not doing 
some act, which, if done, would deprive the heres 
or legatarius of the hercditas or the legacy. In 
ordrr that the person who could take the hercditas 
or the legacy in the event of the condition being 
broken, might have the property secured, he was 
entitled to have the Muciana cautio. (Dig. 35. 
tit. 1. s. 7, 18, 73.) The heres was also in some 
cases bound to give security for the payment of 
legacies, or the legatee was entitled to the Honorum 
Posscssio. Tutorcs and curatores were required to 
give security (satitdare) for the due administration 
of the property intrusted to them, unless the tutor 
was appointed bv testament, or unless the curator 
was a curator legitimus. (Gaius, i. 1 99.) A pro- 
curator who sued in the name of an absent party, 
might be required to give security that the absent 
party would consent to be concluded by the act of 
his procurator (Id. iv. 99); this security was a 
species satisdationis, included under the genus 
emtio. (I)iif. 48. tit. 8. s. 3, 13, 18, &c.) In the 
case of damnum infectum, the owner of the land or 
property threatened with the mischief, might claim 
security from the person who was threatening the 
mischief. (Cic. Top. 4; Gaius, iv. 31 ; Dig. 43. 
tit. 8. i. 5.) 

If a vendor sold a thing, it was usual for him 
to declare that he had a good title to it, and that 



260 



CELLA. 



CENSOR. 



if any person recovered it from the purchaser by a 
better title, he would make it good to the pur- 
chaser ; and, in some cases, the cautio was for 
double the value of the thing. (Dig. 21. tit. 2. 
s. 60.) This was, in fact, a warranty. 

The word cautio was also applied to the release 
which a debtor obtained from his creditor on satis- 
fying his demand : in this sense cautio is equiva- 
lent to a modern receipt ; it is the debtor's security 
against the same demand being made a second 
time. (Cic. Brut. 5 ; Dig. 46. tit. 3. s. 89, 94.) 
Thus cavere ab aliquo signifies to obtain this kind 
of security. A person to whom the usus fructus 
of a thing was given, might be required to give 
security that he would enjoy and use it properly, 
and not waste it. (Dig. 7. tit. 9.) 

Cavere is also applied to express the professional 
advice and assistance of a lawyer to his client for 
his conduct in any legal matter. (Cic. Ad Farm. 
iii. 1, vii. 6, Pro Murena, c. 10.) 

The word cavere and its derivatives are also 
used to express the provisions of a law, by which 
any thing is forbidden or ordered, as in the phrase, 
— Cauium est lege, principalibus constitutionibus, 
&c. It is also used to express the words in a will, 
by which a testator declares his wish that certain 
things should be done after his death. The pre- 
paration of the instruments of cautio was, of course, 
the business of a lawyer. [G. L.] 

CEADAS (KedSas) or CAEADAS (KcucSSas), 
was a deep cavern or chasm, like the Barailiron at 
Athens, into which the Spartans were accustomed 
to thrust persons condemned to death. (Thuc. i. 
134 ; Strab. viii. p. 367 ; Paus. iv. 18. § 4 ; Suidas, 
s. v. Bdpadpov, KaidSas, KedSay.) 

CEDIT DIES. [Legatum.] 

CE'LERES, are said to have been three hun- 
dred horsemen, who formed the body-guard of 
Romulus both in peace and war (Liv. i. 15 ; Dio- 
nys. ii. 13 ; Plut. Bom. 26). There can, however, 
be little doubt that these Celeres were not simply 
the body-guard of the king, but were the same as 
the equites, or horsemen, a fact which is expressly 
stated by some writers (Plin. H. N. xxxiii. 2. s. 9), 
and implied by others (Dionys. I. c). [Equites.] 
The etymology of Celeres is variously given. Some 
writers derived it from their leader Celer, who was 
said to have slain Remus, but most writers con- 
nected it with the Greek kc'Atjs, in reference to the 
quickness of their service. (Serv. ad Virg. Aen. 
xi. 603.) Niebuhr supposes celeres to be identical 
with patricii, and maintains that the former word 
was the name of the whole class as distinguished 
from the rest of the nation {Hist, of Borne, vol. i. 
p. 331) ; but although the equites were at first 
unoubtedly chosen from the patricians, there seems 
no reason for believing that the word celeres was 
synonymous with patricii. 

The Celeres were under the command of a Tri- 
bunus Celerum, who stood in the same relation to 
the king, as the magister equitum did in a subse- 
quent period to the dictator. He occupied the 
second place in the state, and in the absence of the 
king had the right of convoking the comitia. 
"Whether he was appointed by the king, or elected 
by the comitia, has been questioned, but the former 
is the more probable. (Lyd. De Mag. i. 14 ; Pom- 
pon, de Orig. Jur. in Dig. 1. tit. 2. s. 2. §§ IS, 
19 ; Dionys. iv. 71 ; comp. Becker, Handbuch der 
Bomisch. Alterth. vol. ii. part i. pp. 239, 338.) 

CELLA, in its primary sense, means a store- 



room of any kind. (Varr. De Ling. Lot. v. 162. 
ed. Miiller.) Of these there were various de- 
scriptions, which took their distinguishing deno- 
minations from the articles they contained, as, for 
instance, the cella penuaria or penaria, the cella 
olearia and cella vinaria. The slave to whom the 
charge of these stores was intrusted, was called 
cellarius (Plaut. Capt. iv. 2. 115 ; SenecEfc. 122), 
or promus (Colum. xii. 3), or condus, " quia prom.it 
quod conditum est " (compare Hor. Ctirm. i. 9. 7, 
iii. 21. 8), and sometimes promus- condus and pro- 
curator peni. (Plaut. Pseud, ii. 2. 14.) This an- 
swers to our butler and housekeeper. 

Any number of small rooms clustered together 
like the cells of a honeycomb (Virg. Georg. iv. 164) 
were also termed cellae ; hence the dormitories of 
slaves and menials are called cellae (Cic. Phil. 
ii. 27 ; Columella, i. 6), and cellae familiaricae 
(Vitruv. vi. 10. p. 182) in distinction to a bed- 
chamber, which was cubiculum. Thus a sleeping- 
room at a publichouse is also termed cella. (Petron. 
55.) For the same reason the dens in a brothel 
are cellae. (Petron. 8 ; Juv. Sat. vi. 128.) Each 
female occupied one to herself (Ibid. 122), over 
which her name and the price of her favours were 
inscribed (Senec. Controv. i. 2) ; hence cella in- 
scripta means a brothel. (Mart. xi. 45. 1.) Cella 
ostiarii (Vitruv. vi. 10 ; Petron. 29), or janitoris 
(Suet. Vitell. 16), is the porter's lodge. 

In the baths the cella caldaria, tepidaria, and 
frigidaria, were those which contained respectively 
the warm, tepid, and cold bath. [Balneae.] 

The interior of a temple, that is the part in- 
cluded within the outside shell, o-i)k6s (see the 
lower woodcut in Antae), was also called cella. 
There was sometimes more than one cella within 
the same peristyle or under the same roof ; in 
which case they were either turned back to back, 
as in the temple of Rome and Venus, built by 
Hadrian on the Via Sacra, the remains of which 
are still visible ; or parallel to each other, as in the 
temple of Jupiter Optimus Maximus in the Capitol. 
In such instances each cell took the name of the 
deity whose statue it contained, as cella Jovis, cella 
Junonis, cella Minervae. [A. R.] 

CELLA'RIUS. [Cella.] 

CENOTA'PHIUM, a cenotaph (/teeos and 
rd<pos) was an empty or honorary tomb, erected as 
a memorial of a person whose body was buried 
elsewhere, or not found for burial at all. (Comp. 
Thuc. ii. 34 ; Virg. Aen. iii. 303.) 

Cenotaphia were considered as religiosa, and 
therefore divini juris, till a rescript of the em- 
perors Antoninus and Verus pronounced them not 
to be so. (Heinec. Ant. Bom. ii. 1.) [R. W.] 

CENSI'TOR. [Censor.] 

CENSUA'LES. [Censor.] 

CENSOR (TijMj-Hjs), the name of two magis- 
trates of high rank in the Roman republic. Their 
office was called Censura (Ti/iTjTei'o or rifirtrla). 
The Census, which was a register of Roman 
citizens and of their property, was first estab- 
lished by Servius Tullius, the fifth king of Rome, 
After the expulsion of the kings it was taken 
by the consuls ; and special magistrates were not 
appointed for the purpose of taking it till the 
year B. c. 443. The reason of this alteration 
was owing to the appointment in the preceding 
year of tribuni militum with consular power in 
place of the consuls ; and as these tribunes might 
be plebeians, the patricians deprived the consuls, 



CENSOR. 



CENSOR. 



2G1 



and consequently their representatives, the tri- 
bunes, of the right of taking the census, and en- 
trusted it to two magistrates, called Censores, who 
were to be chosen exclusively from the patricians. 
The magistracy continued to be a patrician one 
till B. c. 351, when C. Marcius Rutilus was the 
first plebeian censor (Liv. viL 22). Twelve years 
afterwards, B. c. 339, it was provided by one of 
the Publilian laws, that one of the censors must 
necessarily be a plebeian (Liv. viii. 12), but it was 
not till B. c. 280 that a plebeian censor performed 
the solemn purification of the people (lustrum con- 
didit, Liv. Epit. 13). In B. c. 131 the two censors 
were for the first time plebeians. 

There were always two censors, because the two 
consuls had previously taken the census together. 
If one of the censors died during the time of his 
office-, another had at first to be chosen in his 
stead, as in the case of the consuls. This, how- 
ever, happened only once, namely, in B. c. 393 ; 
because the capture of Rome by the Gauls in this 
lustrum excited religious fears against the practice 
(Liv. v. 31). From this time, if one of the censors 
died, his colleague resigned, and two new censors 
were chosen. (Liv. vi. 27, be. 34, xxiv. 43, 
xxvii. 6.) 

The censors were elected in the comitia cen- 
turiata held under the presidency of a consul. 
(Oell. xiii. 15 ; Liv. xl. 45.) Nicbuhr supposes 
that they were at first elected by the comitia 
curiata, and that their election was confirmed by 
the centuries ; but there is no authority for this 
supposition, and the truth of it depends entirely 
upon the correctness of his views respecting the 
election of the consuls. [Consul.] It was ne- 
cessary that both censors should be elected on the 
same day j and accordingly if the voting for the 
second was not finished, the election of the first 
went for nothing, and new comitia had to be held. 
(Liv. ix. 34.) The comitia for the election of the 
censors were held under different auspices from 
those at the election of the consuls and praetors ; 
and the censors were accordingly not regarded as 
their colleagues, although they likewise possessed 
the maxima auspicia (Gell. xiii. 15). The comitia 
were held by the consuls of the year very soon 
after they had entered upon their office (Liv. xxiv. 
10, xxxix. 41) ; and the censors, as soon as they 
were elected and the censorial power had been 
granted to them by a lex centuriaia, were fully 
installed in their office. (Cic. de Let). Agr. ii. 11; 
Liv. xl. 45.) As a general principle the only 
persons eligible to the office were those who had 
previously been consuls ; but a few exceptions 
occur. At first there was no law to prevent a 
person being censor a second time ; but the only 
person, who was twice elected to the office, was 
C. Marcius Rutilus in n. c. 265 ; and he brought 
forward a law in this year, enacting that no one 
should be chosen censor a second time, and re- 
ceived in consequence the surname of Censorinus. 
(Prat Coriol. 1 ; Val. Max. iv. 1. § 3.) 

The censorship is distinguished from all other 
Itoman magistracies by the length of time during 
which it was held. The censors were originally 
chosen for a whole lustrum, that is, a period of 
five years ; but their office was limited to eighteen 
months, as early as ten years after its insti- 
tution (a. c. 433), by a law of the dictator 
Mam. Acmilius Mamercinus (Liv. iv. 21, ix. '.','.',). 
The censors also held a very peculiar position 



with respect to rank and dignity. No imperium 
was bestowed upon them, and accordingly they 
had no lictors. (Zonar. vii. 19.) The jus censurae 
was granted to them by a lex centuriaia, and not 
by the curiae, and in that respect they were in- 
ferior in power to the consuls and praetors. (Cic. 
de Leg. Agr. ii. 11.) But notwithstanding this, 
the censorship was regarded as the highest dignity 
in the state, with the exception of the dictatorship ; 
it was an UfA ipxk, a sanctus mugistratus, to which 
the deepest reverence was due. (Plut. Cat. Maj. 
16, Flamin. 18, Camill. 2, 14, Aemil. Paul. 38 ; 
Cic. ad Earn. iii. 10.) The high rank and dignity 
which the censorship obtained, was owing to the 
various important duties gradually entrusted to it, 
and especially to its possessing the regimen morum, 
or general control over the conduct and morals of 
the citizens ; in the exercise of which power they 
were regulated solely by their own views of duty, 
and were not responsible to any other power in the 
state. (Dionvs. in Mai, Nona Coll. vol. ii. p. 516 ; 
Liv. iv. 24, xixix. 37; Val. Max. vii. 2. § 6.) The 
censors possessed of course the sella curulis (Liv. 
xl. 45), but with respect to their official dress there 
is 6ome doubt From a well-known passage of 
Polvbius (vi. 53), describing the use of the 
imagines at funerals, we may conclude that a con- 
sul or praetor wore the praetexta, one who triumphed 
the toga picta, and the censor a purple toga pecu- 
liar to him ; but other writers speak of their 
official dress as the same as that of the other 
higher magistrates. (Zonar. vii. 19 ; Athen. xiv. 
p. 660, c) The funeral of a censor was always 
conducted with great pomp and splendour, and 
hence a funus censorium was voted even to the 
emperors. (Tac. Ann. iv. 15, xiii. 2.) 

The censorship continued in existence for 421 
years, namely, from B. c. 443 to a c. 22 ; but 
during this period many lustra passed by without 
any censor being chosen at all. According to one 
statement the office was abolished by Sulla 
(SchoL Gronov. ad Cic. Div. in Caecil. 3, p. 384, 
ed. Orclli), and although the authority, on which 
this statement rests, is not of much weight, the 
fact itself is probable ; for there was no census 
during the two lustra which elapsed from Sulla's 
dictatorship to the first consulship of Pompey 
(b. c. 82 — 70), and any strict regimen niorum 
would have been found very inconvenient to the 
aristocracy in whose favour Sulla legislated. If 
the censorship was done away with by Sulla, it 
was at any rate restored in the consulship of 
Pompey and Crassus. Its power was limited by 
one of the laws of the tribune Clodius (b. c. 58), 
which prescribed certain regular forms of procccdr 
ing before the censors in expelling a person from 
the senate, and the concurrence of both censors in 
inflicting this degradation. (Dion Cass, xxxviii. 
1.'! ; Cic. j>ro Srxt. _'.">, »/«■ I'rur. ('<ms. 15.) This 
law, however, was n-pealed in the third consulship 
of I'oiiijm-v (ii. i,-. 52), on the proposition of his col- 
league Caecilius Metellus Scipio ( Dion Cass. xl. 
57), but the censorship never recovered its former 
DOWa and influence. During the civil wnrs which 
followed soon afterwards no censors were elected ; 
and it was only nfter a long interval that they 
were again appointed, namely in u. c. 22, when 

A il-o-i'm e .i I I,. MiinatiiH I'I.uk ih ami I'aiilm 

Acmilius Lepidus to fill the office. (Suet. Aug. 
37, Claud. Hi ; Dion Cass. liv. 2.) This ml thu 
[ last time that such magistrate! were appointed ; 
n 3 



262 



CENSOR. 



CENSOR. 



the emperors in future discharged the duties of 
their office under the name of Praefectura Morum. 
Some of the emperors sometimes took the name of 
censor when they actually held a census of the 
Roman people, as was the case with Claudius, who 
appointed the elder Vitellius as his colleague (Suet. 
Claud. 16 ; Tac. Ann. xii. 4, Hist. i. 9), and with 
Vespasian, who likewise had a colleague in his son 
Titus. (Suet. Vesp. 8, Tit. 6.) Domitian assumed 
the title of censor perpetuus (Dion Cass. liii. 18), 
but this example was not imitated by succeeding 
emperors. In the reign of Decius we find the 
elder Valerian nominated to the censorship without 
a colleague (Trebell. Pollio, Valer. 1, 2) ; and 
towards the end of the fourth century it was pro- 
posed to revive the censorship (Symmach. Ep. iv. 
29, v. 9), but this design was never carried into 
effect. 

The duties of the censors may be divided into 
three classes, all of which were however closely 
connected with one another : I. The Census, or 
register of the citizens and of their property, in 
which were included the lectio senatus, and the 
recognitio equitum ; II. The Regimen Morum ; and 
III. The administration of the finances of the state, 
under which were classed the superintendence of 
the public buildings and the erection of all new 
public works. The original business of the censor- 
ship was at first of a much more limited kind ; and 
was restricted almost entirely to taking the census 
(Liv. iv. 8) ; but the possession of this power 
gradually brought with it fresh power and new 
duties, as is shown below. A general view of 
these duties is briefly expressed in the following 
passage of Cicero (de Leg. iii. 3) : — " Censores 
populi aevitates, soboles, familias pecuniasque cen- 
sento : urbis templa, vias, aquas, aerarium, vecti- 
galia tuento : populique partes in tribus distri- 
buunto : exin pecunias, aevitates, ordines partiunto : 
equitum, peditumque prolem describunto : caelibes 
esse prohibento : mores populi regunto : probrum 
in senatu ne relinquunto." 

I. The Census, the first and principal duty 
of the censors, for which the proper expression is 
censum agere (Liv. iii. 3, 22, iv. 8), was always 
held in the Campus Martins, and from the year 
B. c. 435 in a special building called Villa Publica, 
which was erected fpr that purpose by the second 
pair of censors, C. Furius Pacilus and M. Geganius 
Macerinus. (Liv. iv. 22 ; Varr. R. R. iii. 2.) An 
account of the formalities with which the census 
was opened is given in a fragment of the Tabulae 
Censoriae, preserved by Varro (L. L. vi. 86, 87, 
ed. MUller). After the auspicia had been taken, 
the citizens were summoned by a public cryer 
(praeco) to appear before the censors. Each tribe 
was called up separately (Dionys. v. 75) ; and the 
names in each tribe were probably taken according 
to the lists previously made out by the tribunes of 
the tribes. Every paterfamilias had to appear in 
person before the censors, who were seated in their 
curule chairs ; and those names were taken first 
which were considered to be of good omen, such 
as Valerius, Salvius, Statorius, &c. (Festus, s. v. 
Lacus Lucrinus ; Schol. Bob. ad Cic. pro Scaur. 
p. 374, ed. Orelli.) The census was conducted ad 
arbitrium censoris ; but the censors laid down cer- 
tain rules (Liv. iv. 8, xxix. 15), sometimes called 
leges censui censendo (Liv. xliii. 14), in which 
mention was made of the different kinds of pro- 
perty subject to the census, and in what way 



their value was to be estimated. According to 
these laws each citizen had to give an account of 
himself, of his family, and of his property upon 
oath, ex animi sententia. (Dionys. iv. 15 ; Liv. 
xliii. 14.) First he had to give his full name 
(praenomen, nomen, and cognomen) and that of 
his father, or if he were a freedman that of his 
patron, and he was likewise obliged to state his 
age. He was then asked, Tu, ex animi tui sen- 
tentia, uxorem habes ? and if married he had to 
give the name of his wife, and likewise the num- 
ber, names, and ages of his children, if any. (Gell. 
iv. 20 ; Cic. de Orat. ii. 64 ; Tab. Heracl. 142 
(68) ; Dig. 50. tit. 15. s. 3.) Single women (viduae) 
and orphans (orbi orbaeque), were represented by 
their tutores ; their names were entered in separate 
lists, and they were not included in the sum total 
of capita. (Comp. Liv. iii. 3, Epit. 59.) After 
a citizen had stated his name, age, family, &c, he 
then had to give an account of all his property, so 
far as it was subject to the census. In making 
this statement he was said censere or censeri, as a 
deponent, " to value or estimate himself," or as a 
passive " to be valued or estimated : " the censor, 
who received the statement, was also said censere, 
as well as accipere censum. (Comp. Cic. pro Flacc. 
32 ; Liv. xxxix. 15.) Only such things were liable 
to the census (censui censendo) as were property 
ex jure Quiritium. At first each citizen appears 
to have merely given the value of his whole pro- 
perty in general without entering into details 
(Dionys. iv. 15 ; Cic. de Leg. iii. 3 ; Festus, s. v. 
Censores) • but it soon became the practice to give 
a minute specification of each article, as well as the 
general value of the whole. (Comp. Cic. pro Flacc. 
32 ; Gell. vii. 11 ; Plut. Cat. Maj. 18.) Land 
formed the most important article in the census ; 
but public land, the possessio of which only be- 
longed to a citizen, was excluded as not being 
Quiritarian property. If we may judge from the 
practice of the imperial period, it was the custom 
to give a most minute specification of all such land 
as a citizen held ex jure Quiritium. He had to 
state the name and situation of the land, and to 
specify what portion of it was arable, what meadow, 
what vineyard, and what olive-ground : and to 
the land thus minutely described he had to affix 
his own valuation. (Dig. 50. tit. 15. s. 4.) Slaves 
and cattle formed the next most important item. 
The censors also possessed the right of calling for a 
return of such objects as had not usually been given 
in, such as clothing, jewels, and carriages. (Liv. 
xxxix. 44 ; Plut. Cat. Maj. 18.) It has been 
doubted by some modern writers whether the cen- 
sors possessed the power of setting a higher valu- 
ation on the property than the citizens themselves 
had put ; but when we recollect the discretionary 
nature of the censors' powers, and the necessity 
almost that existed, in order to prevent fraud, that 
the right of making a surcharge should be vested 
in somebody's hands, we can hardly doubt that 
the censors had this power. It is moreover ex- 
pressly stated that on one occasion they made an 
extravagant surcharge on articles of luxury (Liv. 
xxxix. 44 ; Plut. Cat. Maj. 18) ; and even if they 
did not enter in their books the property of a person 
at a higher value than he returned it, they accom- 
plished the same end by compelling him to pay 
down the tax upon the property at a higher rate 
than others. The tax (tributum) was usually one 
per thousand upon the property entered in the books 



CENSOR. 



CENSOR. 



20-3 



of the censors ; but on one occasion the censors, as 
a punishment, compelled a person to pay eight per 
thousand (octuplicato censu, Liv. iv. 24). 

A person, who voluntarily absented himself 
from the census, and thus became incensus, was 
subject to the severest punishment. Servius Tullius 
is said to have threatened the incensus with im- 
prisonment and death (Liv. i. 44) ; and in the re- 
publican period he might be sold by the state as a 
slave. (Cic. pro Caecin. 34.) In the later times 
of the republic a person who was absent from the 
census, might be represented by another, and thus 
be registered by the censors. (Varr. L. L. vL 86.) 
Whether the soldiers who were absent on service 
had to appoint a representative, may be questioned. 
In ancient times the sudden breaking out of a 
war prevented the census from being taken (Liv. 
vi. 3 1 ), because a large number of the citizens 
would necessarily be absent. It is supposed from 
a passage in Livy (xxix. 37), that in later times 
the censors sent commissioners into the provinces 
with full powers to take the census of the Roman 
soldiers there ; but this seems to have been only a 
special case. It is, on the contrary, probable from 
the way in which Cicero pleads the absence of 
Archias from Rome with the army under Lucullus, 
as a sufficient reason for his not having been en- 
rolled in the census {pro Arch. 5), that service in 
the army was a valid excuse for absence. 

After the censors had received the names of all 
the citizens with the amount of their property, they 
then had to make out the lists of the tribes, and 
also of the classes and centuries ; for by the legis- 
lation of Servius Tullius the position of each citizen 
in the state was determined by the amount of his 
property. [Comitia CkNTUBXATA.] These lists 
formed a most important part of the Tabulae Cen- 
soriae, under which name were included all the 
documents connected in any way with the discharge 
of the censors' duties. (Cic. de Leg. iii. 3 ; Liv. 
xxiv. 18 ; Plut. Cat. Maj. 16 ; Cic. de Leg. Ayr. 
i. 2.) These lists, as far at least as they were con- 
nected with the finances of the state, were deposited 
in the aerarium, which was the temple of Saturn 
(Liv. xxix. 37) ; but the regular depositary for all 
the archives of the censors was in earlier times the 
Atrium Libcrtatis, near the Villa publica (Liv. 
xliii. 16, xlv. 15), and in later times the temple of 
the Nymphs. (Cic. pro Mil. 27.) 

Besides the / arrangemcnt of the citizens into 
tribes, centuries, and classes, the censors had also 
to make out the lists of the senators for the en- 
suing lustrum, or till new censors were appointed ; 
striking out the names of such as they considered 
unworthy, and making additions to the body from 
those who were qualified. This important part of 
their duties is explained under Sknatus. In the 
same manner they held a review of the cquitcs 
cquo publico, and added and removed names as 
they judged proper. [Excites.] 

After the lists had been completed, the number 
of citizens was counted up, and the sum total an- 
nounced ; and accordingly we find that, in the 
account of a census, the number of citizens is like- 
wise usually given. They nro in such cases spoken 
of as capita, sometimes with the addition of the 
word nriuin, and sometimes not ; and hence to be 
registered in the census wag the same thing as 
caput habere. [Caput.] 

II. Kkoimkn Muni m. This was the i i 

important branch of the censors' duties, and the 



one which caused their office to be the most re- 
vered and the most dreaded in the Roman state. 
It naturally grew out of the right which thev pos- 
sessed of excluding unworthy persons from the 
lists of citizens ; for, as has been well remarked, 
" they would, in the first place, be the sole judges 
of many questions of fact, such as whether a 
citizen had the qualifications required by law or 
custom for the rank which he claimed, or whether 
he had ever incurred any judicial sentence, which 
rendered him infamous : but from thence the transi- 
tion was easy, according to Roman notions, to the 
decision of questions of right ; such as whether a 
citizen was really worthy of retaining his rank, 
whether he had not committed some act as justly 
degrading as those which incurred the sentence of 
the law." In this manner the censors gradually be- 
came possessed of a complete superintendence over 
the whole public and private life of every citizen. 
They were constituted the conservators of public 
and private virtue and morality ; they were not 
simply to prevent crime or particular acts of im- 
morality, but their great object was to maintain 
the old Roman character and habits, the mos 
majorum. The proper expression for this branch 
of their power was regimen morum (Cic. de Leg. 
iii. 3; Liv. iv. 8, xxiv. 18, xL 46, xli. 27, xlii. 
3 ; Suet. Aug. 27), which was called in the times 
of the empire cara or praefectura morum. The 
punishment inflicted by the censors in t lie exercise 
of this branch of their duties was called A r oto or 
Notalio, or Animadcersio Censoria. In inflicting it 
they were guided only by their conscientious con- 
victions of duty ; they had to take an oath that they 
would act neither through partiality nor favour ; 
and, in addition to this, they were bound in every 
case to state in their lists, opposite the name of the 
guilty citizen, the cause of the punishment inflicted 
on him, — Subscriptio censoria. (Liv. xxxix. 42 ; 
Cic. pro Cluent. 42 — 48 ; Gell. iv. 20.) 

This part of the censors' office invested them 
with a peculiar kind of jurisdiction, whicli in many 
respects resembled the exercise of public opinion 
in modern times ; for there are innumerable 
actions which, though acknowledged by even" one 
to be prejudicial and immoral, still do not come 
within the reach of the positive laws of a country. 
Even in cases of real crimes, the positive laws fre- 
quently punish only the particular offence, while 
in public opinion the offender, even after he has 
undergone punishment, is still incapacitated for 
certain honours and distinctions which are granted 
only to persons of unblemished character. Hence 
the Roman censors might brand a man with their 
nota censoria in case he had been convicted of a 
crime in an ordinal;, court of justice, and had 
already suffered punishment for it. The conse- 
quence of such a nota was onlv ignominia and not 
infamin (Cic. de. Hep. iv. 6) [Ispa.MIa], and the 
censorial verdict was nut a judicium or res judi- 
cata (Cic. pro Clunit. 42), for its effects were not 
lasting, but might be removed by the following cen- 
sors, or by a lex. A nota censoria was moreover not 
valid, unless both censors agreed. The ignominia 
was thus only a transitory capitis diminutio, which 
does not even appear to have deprived n magis- 
trate of his office (Liv. xxiv. 18), and certainly 
did not disqualify persons labouring under it for 
obtaining n magistracy, for being appointed us 
judicei by tin- praetor, or for serving in the Roman 
armies. Mum. Aemilius was thus, notwithstnud- 
s I 



264 



CENSOR. 



CENSOR. 



ing the animadversio censoria, made dictator. (Liv. 
iv. 31.) 

A person might he branded with a censoria] 
nota in a variety of cases, which it would be im- 
possible to specify, as in a great many instances it 
depended upon the discretion of the censors and 
the view they took of a case ; and sometimes even 
one set of censors would overlook an offence which 
was severely chastised by their successors. (Cic. 
de Senect. 12.) But the offences which are re- 
corded to have been punished by the censors are 
of a threefold nature. 

1. Such as occurred in the private life of indi- 
viduals, e. g. (a) Living in celibacy at a time 
when a person ought to be married to provide the 
state with citizens. (Val. Max. ii. 9. § 1.) The 
obligation of marrying was frequently impressed 
upon the citizens by the censors, and the refusal to 
fulfil it was punished with a fine [Aes Uxorium]. 
(6) The dissolution of matrimony or betrothment in 
an improper way, or for insufficient reasons. (Val. 
Max. ii. 9. § 2.) (c) Improper conduct towards 
one's wife or children, as well as harshness or too 
great indulgence towards children, and disobedi- 
ence of the latter towards their parents. (Plut. 
Cat. Maj. 1 7 ; compare Cic. de Rep. iv. 6 ; Dionys. 
xx. 3.) (d) Inordinate and luxurious mode of 
living, or an extravagant expenditure of money. 
A great many instances of this kind are recorded. 
(Liv. Epit. 14, xxxix. 44 ; Plut. Cat. Maj. 18 ; 
Gellius, iv. 8 ; Val. Max. ii. 9. § 4.) At a later 
time the leges sumtuariae were made to check the 
growing love of luxuries, (e) Neglect and care- 
lessness in cultivating one's fields. (Gell. iv. 12 ; 
Plin. H. N. xviii. 3.) (f ) Cruelty towards slaves 
or clients. (Dionys. xx. 3.) (</) The carrying on 
of a disreputable trade or occupation (Dionys. I. c), 
such as acting in theatres. (Liv. vii. 2.) (h) Le- 
gacy-hunting, defrauding orphans, &c. 

2. Offences committed in public life, either in 
the capacity of a public officer or against magis- 
trates, (a) If a magistrate acted in a manner not 
befitting his dignity as an officer, if he was acces- 
sible to bribes, or forged auspices. (Cic. de Senect. 
12 ; Liv. xxxix. 42 ; Val. Max. ii. 9. § 3 ; Plut. 
Cat. Maj. 17 ; Cic. de Divin. i. 16.) (b) Im- 
proper conduct towards a magistrate, or the attempt 
to limit his power or to abrogate a law which the 
censors thought necessary. (Liv. iv. 24 ; Cic. de 
Orat. ii. 64 ; Val. Max. ii. 9. § 5 ; Gellius, iv. 20.) 
(c) Perjury. (Cic. de Off. i. 13 ; Liv. xxiv. 18 ; 
Gell. vii. 18.) (d) Neglect, disobedience, and 
cowardice of soldiers in the army. (Val. Max. ii. 9. 
§ 7 ; Liv. xxiv. 18, xxvii. 11.) (e) The keeping of 
the equus publicus in bad condition. [Equites.] 

3. A variety of actions or pursuits which were 
thought to be injurious to public morality, might 
be forbidden by the censors by an edict (Gellius, 
xv. 11), and those who acted contrary to such 
edicts were branded with the nota and degraded. 
For an enumeration of the offences that might be 
punished by the censors with ignominia, see Nie- 
buhr, Hist, of Rome, vol. ii.. p. 399, &c. 

The punishments inflicted by the censors gene- 
rally differed according to the station which a man 
occupied, though sometimes a person of the highest 
rank might suffer all the punishments at once, by 
being degraded to the lowest class of citizens. But 
they are generally divided into four classes : — 

1. Motio or ejectio e senatu, or the exclusion of a 
man from the number of senators. This punish- 



ment might either be a simple exclusion from the 
list of senators, or the person might at the same 
time be excluded from the tribes and degraded to 
the rank of an aerarian. (Liv. xxiv. 18.) The 
latter course seems to have been seldom adopted ; 
the ordinary mode of inflicting the punishment was 
simply this : the censors in their new lists omitted 
the names of such senators as they wished to ex- 
clude, and in reading these new lists in public, 
passed over the names of those who were no longer 
to be senators. Hence the expression praeteriti 
senatores is equivalent to e senatu ejecti. (Liv. 

xxxviii. 28, xxvii. 11, xxxiv. 44 ; Fest. s. v. 
Praeteriti.) In some cases, however, the censors 
did not acquiesce in this simple mode of proceed- 
ing, but addressed the senator whom they had 
noted, and publicly reprimanded him for his con- 
duct. (Liv. xxiv. 18.) As, however, in ordinary 
cases an ex-senator was not disqualified by his 
ignominia for holding any of the magistracies which 
opened the way to the senate, he might at the next 
census again become a senator. (Cic. pro Cluent. 
42, Plut. Cic. 17.) 

2. The ademptio equi, or the taking away the 
equus publicus from an eques. This punishment 
might likewise be simple, or combined with the ex- 
clusion from the tribes and the degradation to the 
rank of an aerarian. (Liv. xxiv. 18, 43, xxvii. 
11, xxix. 37, xliii. 16.) [Equites.] 

3. The motio e tribu, or the exclusion of a person 
from his tribe. This punishment and the degra- 
dation to the rank of an aerarian were originally 
the same ; but when in the course of time a dis- 
tinction was made between the tribus rusticae and 
the tribus urbanae, the motio e tribu transferred a 
person from the rustic tribes to the less respectable 
city tribes, and if the further degradation to the 
rank of an aerarian was combined with the motio 
e tribu, it was always expressly stated. (Liv. xlv. 
IS ; Plin. H. N. xviii. 3.) 

4. The fourth punishment was called referre in 
aerarios (Liv. xxiv. 18 ; Cic. pro Cluent. 43) or 
facere aliquem aerarium (Liv. xxiv. 43), and might 
be inflicted on any person who was thought by 
the censors to deserve it. [Aerarii.] This de- 
gradation, properly speaking, included all the 
other punishments, for an eques could not be made 
an aerarius unless he was previously deprived of 
his horse, nor could a member of a rustic tribe be 
made an aerarius unless he was previously excluded 
from it. (Liv. iv. 24, xxiv. 18, &c.) 

A person who had been branded with a nota 
censoria, might, if he considered himself wronged, 
endeavour to prove his innocence to the censors 
(causam agere apud censores, Varr. de Re Rust. i. 
7), and if he did not succeed, he might try to gain 
the protection of one of the censors, that he might 
intercede on his behalf. 

III. The Administration of the Finances 
of the State, was another part of the censors' 
office. In the first place the tributum, or property- 
tax, had to be paid by each citizen according to the 
amount of his property registered in the census, and, 
accordingly, the regulation of this tax naturally fell 
under the jurisdiction of the censors. (Comp. Liv. 

xxxix. 44) [Tributum.] They also had the 
superintendence of all the other revenues of the 
state, the vectigalia, such as the tithes paid for the 
public lands, the salt works, the mines, the cus- 
toms, &c. [Vectigalia.] All these branches of 
the revenue the censors were accustomed to let out 



CENSOR. 



CENSOR. 



265 



to the highest bidder for the space of a lustrum or 
five years. The act of letting was called tenditio 
or locatio, and seems to have taken place in the 
month of March (Macrob. Sat. i. 12), in a public 
place in Rome (Cic. de Leg. Agr. L 3, ii. 21). 
The terms on which they were let, together with 
the rights and duties of the purchasers, were all 
specified in the leges censoriae, which the censors 
published in every case before the bidding com- 
menced. (Cic. ad Qu. Fr. i. 1. § 12, Yerr. iii. 7, 
de Nat. Dear. iii. 19, Varr. de Re Rust. ii. 1.) 
For further particulars sec Publicani. The cen- 
sors also possessed the right, though probably not 
without the concurrence of the senate, of imposing 
new vcctigalia (Liv. xxix. 37, xl 51), and even 
of selling the land belonging to the state (Liv. 
xxxii. 7). It would thus appear that it was the 
duty of the censors to bring forward a budget for 
a lustrum, and to take care that the income of the 
state was sufficient for its expenditure during that 
time. So far their duties resembled those of a 
modern minister of finance. The censors, how- 
ever, did not receive the revenues of the state. 
All the public money was paid into the aerarium, 
which was entirely under the jurisdiction of the 
senate ; and all disbursements were made by order 
of this body, which employed the quaestors as its 
officers. (Aerarium ; Sexatus.] 

In one important department the censors were 
entrusted with the expenditure of the public money ; 
though the actual payments were no doubt made by 
the quaestors. The censors had the general super- 
intendence of all the public buildings and works 
(opera puUica) ; and to meet the expenses connected 
with this part of their duties, the senate voted them 
a certain sum of money or certain revenues, to which 
they were restricted, but which they might at the 
same time employ according to their discretion. 
(Polyb. vL 13 ; Liv. xl. 46, xliv. 16.) They had 
to sec that the temples and all other public build- 
ings were in a good state of repair (aedes sacras 
titeri and sartu tecta erigere, Liv. xxiv. 18, xxix. 
37, xlii. 3, xlv. 15), that no public places were en- 
croached upon by the occupation of private persons 
{fan tueri, Liv. xlii. 3, xliii. 16), and that the 
aquacducts, roads, drains, &c were properly at- 
tended to. [Aquaeductus ; Viae; Cloacae.] 
The repairs of the public works and the keeping 
of them in proper condition were let out by the 
censors by public auction to the lowest bidder, just 
as the tectigatia were let out to the highest bidder. 
These expenses were called uUrotrit/uta ; and hence 
we frequently find vectigalia and ultrotrihuta con- 
trasted with one another. (Liv. xxxix. 44, xliii. 
16.) The persons who undertook the contract 
were called conductores, mancipes, redemptorcs, sus- 
ceptores, &c. ; and the duties they had to discharge 
were specified in the Leges Censoriae. The censors 
had also to superintend the expenses connected 
with the worship of the gods, even for instance the 
feeding of the sacred geese in the Capitol, which 
were nlso let out on contract. (I'lut. f^uurst. It'nn. 
98 ; Plin. //. N. x. 22 ; Cic. pro Hose. Am. 20.) 
Besides keeping existing public works in a prop r 
state of repair, the censors also constructed new 
ones, cither for ornament or utility, both in Home 
and in other parts of Italy, such as temples, 
basil icae, theatres, porticoes, fora, walls of towns, 
aqueducts, harbours, bridges, cloacae, roads, tie. 
These works were either performed by them jointly, 
or they divided between them the money, which 



had been granted to them by the senate. (Liv. 
xl. 51. xliv. 16.) They were let out to contractors, 
like the other works mentioned above, and when 
they were completed, the censors had to see that 
the work was performed in accordance with the 
contract : this was called opus probare or in accep- 
tum referre. (Cic. Verr. i. 57 ; Liv. iv. 22, xlv. 
15 ; Lex Puteol. p. 73, Spang.) 

The aediles had likewise a superintendence over 
the public buildings ; and it is not easy to define 
with accuracy the respective duties of the censors 
and aediles : but it may be remarked in general 
that the superintendence of the aediles had more 
of a police character, while that of the censors had 
reference to all financial matters. 

After the censors had performed their various 
duties and taken the census, the lustrum or solemn 
purification of the people followed, ^'hen the 
censors entered upon their office, they drew lots to 
sec which of them should perform this purification 
(lustrum facere or condere, Varr. L. L. vi. 86 ; Liv. 
xxix. 37, xxxv. 9, xxxviii. 36, xlii. 10) ; but both 
censors were obliged of course to be present at the 
ceremony. [Lustrum.] 

In the Roman and Latin colonics and in the 
municipia there were censors, who likewise bore 
the name of quinquennales. They are spoken of 
under Colonia. 

A census was sometimes taken in the provinces, 
even under the republic (Cic. Verr. ii. 53, 56) ; but 
there seems to have been no general census taken 
in the provinces till the time of Augustus. This 
emperor caused an accurate account to be taken of 
all persons in the Roman dominion, together with 
the amount of their property (Ev. Lucae, ii. 1, 2 ; 
Joseph. Ant. dud. xvii. 13. § 5, xviii. 1. § 1. 
2. § 1.) ; and a similar census was taken from time 
to time by succeeding emperors, at first every 
ten, and subsequently every fifteen years. (Sa- 
vigny, Romische Steuerverfussung, in ZeUlckrift, vol. 
vi. pp. 375 — 383.) The emperor sent into the 
provinces especial officers to take the census, who 
were called Censitores (Dig. 50. tit. 15. s. 4. § 1 ; 
Cassiod. Var. ix. 1 1 ; Orclli, Inscr. No. 3652) ; 
but the duty was sometimes discharged by the im- 
perial legati. (Tac. Ann. i. 31, ii. 6.) The Censi- 
tores were assisted by subordinate officers, called 
CensuaJes, who made out the lists, &c. (Capitol. 
Gordian. 12 ; Symmach. Ep. X. 43 ; Cod. Theod. 
8. tit. 2.) At Rome the census still continued to 
be taken under the empire, but the old ceremonies 
connected with it were no longer continued, and the 
ceremony of the lustration was not performed after 
the time of Vespasian. The two great jurists, 
Paulus and Ulpian, each wrote works on the 
census in the imperial period ; and several extracts 
from these works are given in a chapter in the 
Digest (50. tit 15), to which we must refer our 
readers for further details respecting the imperial 
census. 

The word census, besides the meaning of" valua- 
tion " of a person's estate, hns other significations, 
which must be briefly mentioned : 1. It signified 
the amount of a person's property, and hence wo 
rend of census semitorius, the estate of a senator ; 
census equestris, the estate of nil eques. 2. The lists 
of tin' censors. 3. The tax which depended upon 
the valuation in the census. The Lexicons will 
supply examples of these meanings. 

(A considerable portion of the preceding article 
has been taken from Uecker's excellent account 



2G6 



CENSUS. 



CENSUS. 



of the censorship in his Handbucli der Romischen 
Alterthumer, vol. ii. part ii. p. 191., &c. Compare 
Niebuhr, History of Rome, vol. ii. p. 397 ; Arnold, 
History of Rome, vol. i. p. 346, &c. ; Gbttling, 
Rmnisclie Staatsverfassung, p. 328, &c. ; Gerlach, 
Die Rmnische Censur in ■ ilirem Verkaltnisse zur 
Verfassung, Basel, 1842 ;' Bureau de la Malle, 
Economic Politique des Romains, vol. i. p. 159, &c.) 

CENSUS. — 1. Greek. — The Greek term for 
a, man's property as ascertained by the census, as 
well as for the act of ascertaining it, is ri/xrifia. 
The only Greek state concerning whose arrange- 
ment of the census we have any satisfactory in- 
formation, is Athens ; for what we know of the 
other states is only of a fragmentary nature, and 
does not enable us to form an accurate notion of 
their census. Brevious to the time of Solon no 
census had been instituted at Athens, as a citizen's 
rights were always determined by birth ; but, as 
Solon substituted property for birth, and made a 
citizen's rights and duties dependent upon his pro- 
perty, it became a matter of necessity to ascertain 
by a general census the amount of the property of 
the Athenian citizens. According to his census, 
all citizens were divided into four classes : 1. 
HevTaKoo-ioixeSifivoi, or persons possessing landed 
property which yielded an annual income of at 
least .500 medimni of dry or liquid produce. 2. 
'linreis, i. e. knights or persons able to keep a 
war-horse, were those whose lands yielded an an- 
nual produce of at least 300 medimni, whence 
they are also called TpiaKoo-wfie5ifj.voi. 3. Zeu- 
yirai, i. e. persons able to keep a yoke of oxen 
((evyos), were those whose annual income con- 
sisted of at least 150 medimni. 4. The 0))Tes 
contained all the rest of the free population, whose 
income was below that of the Zeugitae. (Blut. 
Sol. 18, and the Lexicographers, s.vv.) These 
classes themselves were called rifx^ixwra ; and the 
constitution of Athens, so long as it was based 
upon these classes, was a timocracy (jijxoKpaTia or 
awb Tifi7][j.a.Twi> 7roAiT6i'o). The highest magistracy 
at Athens, or the archonship, was at first ac- 
cessible only to persons of the first class, until 
Aristides threw all the state offices open to all 
classes indiscriminately. (Blut. Arist. 1, 22.) The 
maintenance of the republic mainly devolved upon 
the first three classes, the last being exempted from 
all taxes. Sometimes we indeed find mention of a 
StriTiicbv TeAos, and the expression Stjtikoj' TeAe?f, 
to pay the tax of &7)Tes (Dem. c. Macart. p. 1067; 
Bekker, Anecd. Graec. p. 261 ; Etym. M. s. v.) ; 
but this cannot be understood of a special tax 
which the fourth class had to pay, but must be ex- 
plained in a more general sense, for tc'Aoj reAeiV 
means generally, to perform the duties arising out 
of persons being connected with one or other of the 
classes. 

In regard to the duties which the above-men- 
tioned census imposed upon the first three of the 
classes, we must distinguish certain personal obli- 
gations or liturgies (\tnovpytat) which had to be 
performed by individuals according to the class to 
which they belonged [Leiturgiae], and certain 
taxes and burdens which were regulated according 
to the classes ; so that all citizens belonging to the 
same class had the same burdens imposed upon 
them. As the land in the legislation of Solon was 
regarded as the capital which yielded an annual 
income, he regulated his system of taxation by the 
value of the land which was treated as the taxable 



capital. There is a passage in Bollux (viii. 1 30, 
132) in which he says that a pentacosiomedimnus 
expended one talent on the public account, a linrtvs 
thirty minae, and a (evyirris ten minae. Now this 
seems to be impossible ; for, as Solon (Blut. Sol. 
23) reckoned the medimnus of dry produce at one 
drachma, we must suppose that a member of the 
first class was reckoned to have an annual income 
of 500 drachmae, or the twelfth part of a talent. 
But the difficulty may be solved in this manner. 
The valuation which Solon put upon the land of an 
Athenian citizen was in reality neither the real 
value of the property, nor the amount of the pro- 
perty tax, but only a certain portion of the real 
property which was treated as the taxable capital. 
Solon in his census ascertained a person's landed 
property from its net annual produce ; and the 
number of medimni which it was supposed to pro- 
duce were reckoned as so many drachmae. But 
the produce was probably not calculated higher 
than was done when the estate was let out to farm. 
The rent paid by a farmer was probably not much 
more than eight per cent, as it was in the time of 
Isaeus. (De Magn. Hered. § 42.) Now, if we 
suppose that in the time of Solon it was 8J per 
cent, the net produce of an estate was exactly ^ of 
the value of the property, and accordingly the value 
of the property of a person belonging to the first 
class was one talent ; in the second, 3600 drachmae ; 
and in the third, 1800 drachmae. Solon, in taxing 
the citizens, was wise enough to see that the same 
standard could not be applied to all the three classes, 
for the smaller a person's income is, the smaller 
ought to be the standard of taxation. Accordingly, 
a person belonging to the first class, being the 
wealthiest, had to pay a tax of his entire property, 
while only a portion of the property of the persons 
belonging to the two other classes was regarded as 
taxable capital ; viz. persons of the second paid the 
tax only of f , and persons of the third class only of 
J of their property. Lists of this taxable property 
(airoypaipa't) were kept at first by the naucrari, 
who also had to conduct the census (Hesych. s. v. 
vavKXapos), and afterwards by the demarchi (Har- 
pocrat. s. v. h^fxapxoi). As property is a fluctuating 
thing, the census was repeated from time to time, 
but the periods differed in the various parts of 
Greece, for in some a census was held every year, 
and in others every two or four years. (Aristot. 
Polit. v. 8.) Every person had conscientiously to 
state the amount of his property, and if there was 
any doubt about his honesty, it seems that a counter- 
valuation (avTiTifirio-is) might be made. Now, 
supposing that all the taxable capital of the Athe- 
nian citizens was found to be 3000 talents, and 
that the state wanted 60 talents, or j'j part of it, 
each citizen had to pay away 35 part of his tax- 
able property ; that is, a person of the first class 
paid 120 drachmae (the 50th part of 6000), a per- 
son of the second, 60 drachmae (the 50th part of 
3000), and a person of the third class, 20 drachmae 
(the 50th part of 1000). It is, however, not im- 
probable that persons belonging to the same class 
had to pay a different amount of taxes according 
as their property was equal to the minimum or 
above it ; and Bdckh, in his Public Economy of 
Athens, has made out a table, hi which each class 
is subdivided into three sections. 

This system of taxation according to classes, 
and based upon the possession of productive estates, 
underwent a considerable change in the time of the 



CENTUMVIRI. 



CEXTUMVIRI. 



2G7 



Peloponnesian war, though the divisions into classes 
themselves continued to be observed for a consider- 
able time after. As the wants of the republic in- 
creased, and as many citizens were possessed of 
large property without being landed proprietors, 
the original land-tax was changed into a property- 
tax. In this manner wc must explain the proposal 
of Euripides, shortly before B. c. 393, to raise 500 
talents by imposing a tax of one fortieth part. 
(Aristoph. Eccles. 823, 6cc.) For the taxable 
capital, viz. 20,000 talents, far exceeds the amount 
of all the landed property in Attica. This property 
tax, which was substituted for the land tax, was 
called elaipopd, concerning which see Eisphora. 
Compare Leitlrgiae ; and for the taxes paid by 
resident aliens, Metoici. (Bbckh, Pull. Econ. of 
Athens, p. 495, &c, 2d edit.) 

2. Roman. [Censor.] [L. S.] 

CENTE'SIMA, namely pars, or the hundredth 
part, also called vect'ujal rerum venalium, or cen- 
tesiraa rerum venalium, was a tax of one per cent, 
levied at Rome and in Italy upon all goods that 
were exposed for public sale at auctions. It was 
collected by persons called coactores. (Cic. ad 
Brut. 18, pro Ratir. Post. 11; Dig. 1. tit. 1G. 
s. 17. § 2.) This tax, as Tacitus (Ami. i. 78) 
says, was introduced after the civil wars, though 
its being mentioned by Cicero shows, that these 
civil wars cannot have been those between Octa- 
vian and Antony, but must be an earlier civil 
war, perhaps that between Marius and Sulla. Its 
produce was assigned by Augustus to the aera- 
rium militare. Tiberius reduced the tax to one 
half per cent (ducentesima), after he had changed 
Cappadocia into a province, and had thereby in- 
creased the revenue of the empire. (Tac. Ann. ii. 
42.) Caligula in the beginning of his reign 
abolished the tax altogether for Italy, as is at- 
tested by Suetonius (Culig. 16) and also by an 
ancient medal of Caligula on which wc find C. C. R. 
(i. e. ducentesima remissa.) Rut Dion Cassius (lviii. 
16), whose authority on this point cannot outweigh 
that of Suetonius and Tacitus, states that Tiberius 
increased the ducentesima to a centesima, and in 
another passage he agrees with Suetonius in stating 
that Caligula abolished it altogether (lix. 9 ; comp. 
Runiiann, L)e Vecliq. Pop. Horn. p. 70). [L. S.] 
CENTE'SIMAK USU'RAE. [Fenus.] 
CENTU'MVIRI. Tin' origin, constitution, and 
powers of the court of centumviri are exceedingly 
obscure, and it seems almost impossible to com- 
bine and reconcile the various passages of Roman 
writers, so as to present a satisfactory view of this 
subject. The essay of Hollweg, Uber die Com- 
pentenz des Centunwiralyerichts (Zritschrift, &c, v. 
358), and the essay of Tigerstriirn, De Judicibui 
upud Itomnnos, contain all tin- authorities on tins 
matter ; but these two essays do not agree in all 
their conclusions. 

The centumviri were judices, who resembled 
other judices in this respect, that they decided 
cases under the authority of a mngistratus ; but 
they differed from other judices in being a definite 
body or collegium. This collegium teems to have 
been divided into four parts, each of which some- 
times sat by itself. The origin of the court is un- 
known ; but it is certainly prior to the I. ex Aebutia, 
which put an end to the legis actiones, except in 
the matter of Damnum Infectum, and in the causae 

Milium viral eg. (Gains, iv. 31 ; Ocll. xvi. In.) 

According to Festus (.«. Centumriratia .Indicia), 



three were- chosen out of each tribe, and conse- 
quently the whole number out of the 35 tribes 
would be 1 05, who, in round numbers, were called 
the hundred men ; and as there were not 35 tribes 
till B.C. 241, it has been sometimes inferred that 
to this time we must assign the origin of the cen- 
tumviri. But, as it has been remarked by Holl- 
weg, we cannot altogether rely on the authority of 
Festus, and the conclusion so drawn from his state- 
ment is by no means necessary. If the centumviri 
were chosen from the tribes, this seems a strong 
presumption in favour of the high antiquity of the 
court. 

The proceedings of this court, in civil matters, 
were per legis actionem, and by the sacramentum. 
The process here, as in the other judicia privata, con- 
sisted of two parts, injure, or before the praetor, 
and in judicio, or before the centumviri. The 
praetor, however, did not instruct the centumviri 
by the formula, as in other cases, which is further 
explained by the fact that the praetor presided in 
the judicia centumviralia. (Plin. Ep. v. 21.) 

It seems pretty clear that the powers of the cen- 
tumviri were limited to Rome, or at any rate to 
Italy. Hollweg maintains that their powers were 
also confined to civil matters ; but it is impossible 
to reconcile this opinion with some passages (Ovid, 
Trist. ii. 91 ; Phaedr. iii. 10, 35, &c), from which 
it appears that crimina came under their cogni- 
zance. The substitution of aut for ut in the passage 
of (juintilian (Inst. Orat. iv. 1. § 57), even if 
supported by good MSS. as Hollweg affirms, can 
hardly be defended. 

The civil matters which came under the cogni- 
zance of this court arc not completely ascertained. 
Many of them (though wc have no reason for say- 
ing all of them) are enumerated by Cicero in a 
well-known passage (DeOrutA.'Mi). Hollweg men- 
tions that certain matters only came under their 
cognizance, and that other matters were not within 
their cognizance ; and further, that such matters as 
were within their cognizance, were also within the 
cognizance of a single judex. Hollweg maintains 
that actiones in rem or vindicationcs of the old 
civil law (with the exception, however, of actiones 
pracjudiciales or status quaestiones) could alone be 
brought before the centumviri ; and that neither a 
personal action, one arising from contract or delict, 
nor a status quaestio, is ever mentioned as a causa 
centumviralis. It was the practice to set up a 
spear in the place where the centumviri were sit- 
ting, and accordingly the word hasta, or hasta cen- 
tumviralis, is sometimes used as equivalent to the 
words judicium centumviralc. (Suet. Octamm, 
86 ; Quintil. Inst. Orat. v. 2. § I.) The spear 
was a symbol of quiritarian ownership: for "a 
man was considered to have the best title to that 
which he took in war, and accordingly a spear is 
set up in the centumviralia judicia." (Gains, iv. 
16.) Such was the explanation of the Roman 
jurists of the origin of an ancient custom, from 
which it is argued, that it may at least be inferred, 
the centumviri had properly to decide matters re- 
lating to quiritarian ownership, nod questions con- 
ii. ( ted thereu, it h. 

It has been already said that the matters which 
belonged to the cognizance of the centumviri might 
also be brought before a judex ; but it is conjec- 
tured by Hollweg that this was not the case till 
after the passing of the Aebutia Lex. He considers 
that the court of the centumviri was established 



268 



CEREALIA. 



CERTI. 



in early times, for the special purpose of deciding 
questions of quiritarian ownership ; and the im- 
portance of such questions is apparent, when we 
consider that the Roman citizens were rated ac- 
cording to their quiritarian property, that on their 
rating depended their class and century, and con- 
sequently their share of power in the public as- 
semblies. No private judex could decide on a 
right which might thus indirectly affect the caput 
of a Roman citizen, but only a tribunal selected out 
of all the tribes. Consistently with this hypothesis 
we find not only the rei vindicatio within the 
jurisdiction of the centumviri, but also the heredi- 
tatis petitio and actio confessoria. Hollweg is of 
opinion that, with the Aebutia Lex a new epoch in 
the history of the centumviri commences ; the legis 
actiones were abolished, and the formula [Actio] 
was introduced, excepting, however, as to the 
causae centumvirales. (Gaius, iv. 30, 31 ; Gell. xvi. 
10.) The formula is in its nature adapted only 
to personal actions ; but it appears that it was also 
adapted by a legal device to vindicationes ; and 
Hollweg attributes this to the Aebutia Lex, by 
which he considers that the twofold process was 
introduced : — 1. per legis actionem apud centum- 
viros ; 2. per formulam or per sponsionem before a 
judex. Thus two modes of procedure in the case 
of actiones in rem were established, and such 
actions were no longer exclusively within the juris- 
diction of the centumviri. 

Under Augustus, according to Hollweg, the 
functions of the centumviri were so far modified 
that the more important vindicationes were put 
under the cognizance of the centumviri, and the 
less important were determined per sponsionem 
and before a judex. Under this emperor the court 
also resumed its former dignity and importance. 
(Dial, de Cans. Corrupt. Eloq. c. 38.) 

The younger Pliny, who practised in this court 
(Ep. ii. 14), makes frequent allusions to it in his 
letters. (Ep. i. 5, v. 1, ix. 23.) The centumviri 
are mentioned in two excerpts in the Digest (5. 
tit. 2. s. 13, 17) and perhaps elsewhere ; one ex- 
cerpt is from C. Scaevola and the other from 
Paulus. 

The foregoing notice is founded on Hollweg's 
ingenious essay ; his opinions on some points, how- 
ever, are hardly established by authorities. Those 
who desire to investigate this exceedingly obscure 
matter may compare the two essays cited at the 
head of this article. [G. L.] 

CENTU'RIA. [Comitia ; Exercitus.] 

CENTURIA'TA COMI'TIA. [Comitia.] 

CENTU'RIO. [Exercitus.] 

CENTUSSIS. [As.] 

CERA (K7ip6s), wax. For its employment in 
painting, see Pictura, No. 7 ; and for its ap- 
plication as a writing material, see Tabulae and 
Testamentum. 

CEREA'LIA, a festival celebrated at Rome in 
honour of Ceres, whose wanderings in search of 
her lost daughter Proserpine were represented 
by women clothed in white, running about with 
lighted torches. (Ov. East. iv. 494.) During its 
continuance, games were celebrated in the Circus 
Maximus (Tacit. Ann. xv. S3), the spectators of 
which appeared in white (Ov. Fast. iv. 620) ; but 
on any occasion of public mourning the games and 
festivals were not celebrated at all, as the ma- 
trons could not appear at them except in white. 
(Liv. xxii. 56, xxxiv. 6.) The day of the Cerealia 



is doubtful ; some think it was the ides or 13th 
of April, others the 7th of the same month. (Ov. 
Fast. iv. 389.) [R. W.] 

CEREVI'SIA, CERVFSIA (650oy), ale or 
beer, was almost or altogether unknown to the 
ancient, as it is to the modern inhabitants of 
Greece and Italy. But it was used very generally 
by the surrounding nations, whose soil and climate 
were less favourable to the growth of vines (in 
Gallia, aliisque provinciis, Plin. H. N. xxii. 82 ; 
Theophrast. De Causis Plant, vi. 11 ; Diod. Sic. 
iv. 2, v. 26 ; Strab. xvii. 2. 5 ; Tacit. Germ. 23). 
According to Herodotus (ii. 77), the Egyptians 
commonly drank " barley- wine," to which custom 
Aeschylus alludes (e« Kpi6i>v p-edv, Suppl. 954 ; 
Pelusiaci pocula zythi, Colum. x. 116). Diodorus 
Siculus (i. 20, 34) says, that the Egyptian beer 
was nearly equal to wine in strength and flavour. 
The Iberians, the Thracians, and the people in the 
north of Asia Minor, instead of drinking their ale 
or beer out of cups, placed it before them in a large 
bowl or vase (Kparrjp), which was sometimes of 
gold or silver. This being full to the brim with 
the grains, as well as the fermented liquor, the 
guests, when they pledged one another, drank to- 
gether out of the same bowl by stooping down to 
it, although, when this token of friendship was 
not intended, they adopted the more refined method 
of sucking up the fluid through tubes of cane. 
(Archil. Frag. p. 67, ed. Liebel ; Xen. Anab. iv. 
§ 5, 26 ; Athen. i. 28 ; Virg. Georg. iii. 380 ; 
Serv. ad loc.) The Suevi, and other northern 
nations, offered to their gods libations of beer, 
and expected that to drink it in the presence of 
Odin would be among the delights of Valhalla. 
(Keysler, Antiq. Septent. p. 150 — 156.) BpOroe, 
one of the names for beer (Archil. I. c. • Hella- 
nicus, p. 91, ed. Sturtz ; Athen. x. 67), seems to 
be an ancient passive participle, from the verb to 
brew. [J. Y.] 

CE'RNERE HEREDITA'TEM. [Heres.] 

CERO'MA (K'fjpwfia) was the oil mixed with 
wax (Krip6s) with which wrestlers were anointed. 
After they had been anointed with this oil, they 
were covered with dust or a soft sand ; whence 
Seneca (Ep. 57) says — A ceromate nos haphe 
(atpT]) excepit in crypta Neapolitana. 

Ceroma also signified the place where wrestlers 
were anointed (the elaeothesium, Vitruv. v. 11), 
and also, in later times, the place where they 
wrestled. This word is often used in connection 
with palaestra (Plin. H. N. xxxv. 2), but we do not 
know in what respect these places differed. Seneca 
(De Brev. Vit. 12) speaks of the ceroma as a 
place which the idle were accustomed to frequent, 
in order to see the gymnastic sports of boys. Ar- 
nobius (Adv. Gent. iii. 23) informs us that the 
ceroma was under the protection of Mercury. 
(Krause, Gymnastih und Agonistik der Hellenen, 
vol. i. p. 106, &c.) 

CERTA'MINA. [Athletae.] 

CERTI, INCERTI ACTIO, is a name which 
has been given by some modem writers to those 
actions in which a determinate or indeterminate 
sum, as the case may be, is mentioned in the for- 
mula (condemnatio certae pecuniae vel incertae, 
Gaius, iv. 49, &c). 

The expression incerta formula, which occurs in 
Gaius (iv. 54), implies a certa formula. With 
respect to the intentio, it may be called certa 
when the demand of the actor is determinate, 



CESTUS. 



CETRA. 



269 



whether it be a certain thing that he demands, or 
a certain sum of money (Gaius, iv. 4.5, 47). The 
intentio is incerta when the claim is not of a de- 
finite thing or something, hut is expressed by the 
words quidquid, &c. (Gaius, iv. 47, 136, 137.) 
If the intentio is incerta, the condemnatio must 
be incerta. If the intentio was certa, the con- 
demnatio might be either certa or incerta (Gaius, 
iv. 50, 51). In the compilations of Justinian, 
where the expressions incerti actio, incerta actio, 
incertum judicium occur, they specially apply to 
the actio praescriptis verbis, which contained an 
incerta intentio and condemnatio. (Actio ; Sa- 
vignv, System, &c. vol. v. p. 74.) [G. L.] 

CERU'CHI. [Navis.] 
KERUX (icfipvl). [Cadcceus ; Fetialis.] 
CE'SSIO BONO'RUM. [Bonorum Cessio.] 
CE'SSIO IN JURE. [In Jure Cessio.] 
CESTRUM. [Pictl'ra, No. 6.] 
CESTUS. 1. The thongs or bands of leather, 
which were tied round the hands of boxers, in 
order to render their blows more powerful. These 
bands of leather, which were called indvres, or 
i/wurrts miKTiKoi, in Greek, were also frequently 
tied round the arm as high as the elbow, as is 
shown in the following statue of a boxer, the 
original of which is in the Louvre at Paris. (Sec 
Clarac, Musee d. Sculpt. Ant. et Mod. vol. iii. pi. 
327. n. 2042.) 




The cestus was used by boxers from the earliest 
times. When Epeius and Euryalus, in the Iliad 
(xxiii. 684), prepare themselves for boxing, they 
put on their hands thongs made of ox-hide (l/idv- 
Tas fvTfi-f)Tovi $oos dypauKoio) ; but it should be 
recollected, that the ccstus in heroic times appears 
to have consisted merely of thongs of leather, and 
differed materially from the frightful weapons, 
londed with lead and iron, which were used in 
later times. The different kinds of ccstus were 
called by the Greeks in later times /4»iAi'xoi, 
iririlpat fiotim, tr<pa7pai, and p.!>pni\K»s : of which 
the uMAtyai gave the softest blows, and the 
tiipnr}Kft the most severe. The jmiAi'xw, which 
were the most nncient, are described by Pausanins 
(viii. 40. § 3) as made of raw ox hide cut into 



thin pieces, and joined in an ancient manner ; they 
were tied under the hollow or palm of the hand, 
leaving the fingers uncovered. The athletae in 
the palaestrae at Olympia used the fiet\ix<" in 
practising for the public games (ludvrwv twv 
/laXaKurepuiv, Paus. vi. 23. § 3) ; but in the games 
themselves, they us d those which gave the se- 
verest blows. 

The cestus, used in later times in the public 
games, was, as has been already remarked, a most 
formidable weapon. It was frequently covered 
with knots and nails, and loaded with lead and 
iron ; whence Virgil (Aen. v. 405), in speaking of 
it, says, 

" Ingentia septem 
Terga bourn plumbo insuto ferroque rigebant." 

Statius (Theb. vi. 732) also speaks of nirfraniia, 
plumbo tegmlna. Such weapons in the hands of a 
trained boxer, must have frequently occasioned 
death. The ^up/i7jK6s were, in fact, sometimes 
called yvioropot, or " limb-breakers." Figures 
with the cestus frequently occur in ancient monu- 
ments. They were of various forms, as appears 
by the following specimens, taken from ancient 
monuments, of which drawinss are given by 
Fabrctti (De Column. Traj. p. 261). 




2. Cestcs also signified a band or tic of any 
kind (Varr. J)e He Hust. i. 8) ; but the term was 
more particularly applied to the zone or girdle of 
Venus, on which was represented every thing 
that could awaken love. (//. xiv. 214 ; Val. Flacc. 

vi. 470.) When Juno wished to win the affec- 
tions of Jupiter, she borrowed this cestus from 
Venus (//. /. c.) ; and Venus herself employed 
it to captivate Mars. (Mart. vi. 13, xiv. 206, 
207.) 

CETRA, or CAETRA (KaiVpco, HesycL), a 
target, i. e. a small round shield, made of the hide 
of a quadruped. (Isid. Orig. xviii. 12 ; Q. Curt, 
iii. 4.) It was also worn by the people of Spain 
(cctratae Ilisftaniae cohortes, Caes. li. C. i. 3!l, 48) 
and Mauritania. By the latter people it was 
sometimes made from the skin of the elephant. 
(Strati, xvii. p. 828.) From these accounts, and 
from the distinct assertion of Tacitus (Agrie. 36) 
that it was used by the Britons, we may with con- 
fidence identify the cetrn with the target of the 
Scottish Highlanders, of which many specimens of 
considerable antiquity are still in existence. It is 
seen "covering the left arms" (comp. V'irg. Am. 

vii. 732) of the two accompanying figures, which 
are copied from a MS. of Prudentius, probably 
written in this country, and as early as the ninth 
century. (Cod. Cotton. Cleop. c. 8.) 

It does not appear that the Romans ever wore 
the cetrn. Hut IXSfJ compares it to the prltn of 
the Greeks and Macedonians, which was ulso a 



270 CHALCIDICUM. 




small light shield (cetratos, quos peltastas vocant, 
xxxi. 36). [Pelta.] [J. Y.] 

CHALCEIA (xaAiceTa), a very ancient festival 
celebrated at Athens, which at different times 
seems to have had a different character, for at first 
it was solemnised in honour of Athena, surnamed 
Ergane, and by the whole people of Athens, 
whence it was called ' KOfyaia or Ua.vSrifj.os. 
(Suidas, s. v. ; Etymol. Magn. ; Eustath. ad II. ii. 
p. 284, 36.) At a later period, however, it was 
celebrated only by artisans, especially smiths, and 
in honour of Hephaestus, whence its name was 
changed into XccA/ceia. (Pollux, vii. 105.) It was 
kept on the 30th day of the month of Pyanepsion. 
(Suidas, Harpocrat. Eustath. I. c.) Menander had 
written a comedy called XaAKeia, a fragment of 
which is preserved in Athen. xi. p. 502. (Comp. 
Welcker, Die Aeschyl. Trilog. p. 290.) [L. S.] 

CHALCI'BTCUM is merely defined by Festus 
(s. v.) as a sort of building (genus aedificii), so 
called from the city of Chalcis, but what sort is 
not explained ; neither do the inscriptions or the 
passages of ancient writers, in which the word oc- 
curs, give any description from which a conclusion 
can be drawn with certainty respecting the form, 
use, and locality of such buildings. 

Chalcidica were certainly appurtenances to some 
basilicae (Vitruv. v. 1), in reference to which the 
following attempts at identification have been 
suggested : ■ — -LA mint attached to the basilica, 
from xaA/cbsand S'ikti, which, though an ingenious 
conjecture, is not supported by sufficient classical 
authority. 2. That part of a basilica which lies 
directly in front of the tribune, corresponding to 
the nave in a modern church, of which it was the 
original, where the lawyers stood, and thence 
termed navis causidica. 3. An apartment thrown 
out at the back of a basilica, either on the ground 
floor or at the extremity of the upper gallery, in the 
form of a balcony. 4. Internal chambers on each 
side of the tribune for the convenience of the 
judices, as in the basilica of Pompeii. 5. The 
vestibule of a basilica, either in front or rear ; 
which interpretation is founded upon an inscription 
discovered at Pompeii, in the building appropriated 
to the fullers of cloth (fullonica) : — 

Eumaohia. L. F. Saoerd. Pub. * * * * 
****** Chalcidicum. Cryptam Porticus 
***sua. pequnia. fecit. eademque. dedicavit. 

By comparing the plan of the building with this 
inscription, it is clear that the chalcidicum men- 
tioned can only be referred to the vestibule. Its 



CHARISTIA. 
decorations likewise correspond in richness and 
character with the vestibule of a basilica described 
by Procopius (De Aed.ific. Justin, i. 10), which is 
twice designated by the term x a ^ Kr ). The vesti- 
bule of the basilica at Pompeii is shown upon the 
plan on page 199, a. 

In another sense the word is used as a synonyme 
with coenaculum. " Scribuntur Dii vestri in 
tricliniis coelestibus atque in chalcidieis aureis 
, coenitare " (Arnobius, p. 149). These words, com- 
pared with Horn. Od. xxiii. 1, 

Tpri'vs 5' els virepy aveSrio-aTO KayxaX6a><ra, 
and the translation of virepaiov by Ausonius 
(Perioch. xiii. Odyss.), 

" Chalcidicum gressu nutrix superabat anili," 
together with the known locality of the ancient 
coenacula, seem fully to authorise the interpreta- 
tion given. (Turneb. Advers. xviii. 34 ; Salmas. 
inSpart. Pescen. Nigr. c. 12. p. 677.) 

Finally, the word seems also to have been used 
in the same sense as maenianum, a balcony. (Isid. 
De Orig. ; Reinesius, Var. Led. iii. 5.) [A. R.] 
CHALCIOI'CIA (xoAKioi'/cict), an annual fes- 
tival, with sacrifices, celebrated at Sparta in honour 
of Athena, surnamed XaXKioiKos, i. e. the goddess 
of the brazen-house. (Paus. iii. 17. § 3, x. 5. § 5; 
and Goeller ad Thucyd. i. 1 28, &c.) Young men 
marched on the occasion in full armour to the 
temple of the goddess ; and the ephors, although 
not entering the temple, but remaining within its 
sacred precincts, were obliged to take part in the 
sacrifice. (Polyb. iv. 35. § 2.) [L. S.] 

CHALCUS (xa\Kovs), a denomination of Greek 
copper-money. 

Bronze or copper (x^A/cds) was very little used 
by the Greeks for money in early times. Silver 
was originally the universal currency, and copper 
appears to have been seldom coined till after the 
time of Alexander the Great. The x a ^ a novripa, 
at Athens issued in B. c. 406 (Schol. ad Aristoph. 
Ran. 737) were a peculiar exception ; and they were 
soon afterwards called in, and the silver currency 
restored. (Aristoph. Ecclesiaz. 815 — 822 ; Au- 
RUM.) It is not improbable, however, that the 
copper coin called x a ^ K0 ^ s was in circulation in 
Athens still earlier. The smallest silver coin at 
Athens was the quarter obol, and the x aAK0 " s 
was the half of that, or the eighth of an obol. Its 
value was somewhat more than 3-4ths of a farthing. 
It seems to have been used on account of the dif- 
ficulty of coining silver in such minute pieces. The 
Xa^Kovs in later times was divided into lepta, of 
which, according to Suidas(s.i;?>.TaAai/TOj','0§oAd's), 
it contained seven. There was another copper coin 
current in Greece, called crvfiSoXov, of which the 
value is not known. Pollux (iii. 9) also mentions 
k6k\vSos as a copper coin of an earlier age ; but, 
as Mr. Hussey has remarked, this may have been 
a common name for small money ; since kSWvGos 
signified generally " changing money," and /coA- 
Augi(TT7)s, " a money-changer." In later times, 
the obol was coined of copper as well as silver. The 
Greek states of Sicily and Italy had a copper coin- 
age at a very early period [Litra]. (Hussey, 
Ancient Weights and Money, c. 8 ; Bdckh, Publ. 
Econ. of Athens, p. 592, 2nd ed. ; Ueber Gewichte, 
Munzfusse, &c, pp. 142, 342. &c.) [P. S.] 

CHARI'STIA (from x a P i C°l J - al i to grant a 
favour or pardon), a Roman feast, to which none 
but relations and members of the same family were 
invited, in order that any quarrel or disagreement 



CHELIDOMA. 



CHIROGRAPH UM. 



271 



which had arisen amongst them might be made 
up, and a reconciliation effected. It was celebrated 
every vear on the 1 9th of February. (Ov. Fast. ii. 
617; VaL Max ii. L § 8 ; Mart. ix. 55.) [K.W.] 
CHARTA. [Liber.] 

CHEIRONO'MIA (x^povofua), a mimetic 
movement of the hands, which formed a part of 
the art of dancing among the Greeks and Romans. 
The word is also used in a wider sense, both for 
the art of dancing in general, and for any signs made 
with the hands in order to convey ideas. In 
gymnastics it was applied to the movements of 
the hands in pugilistic combat ; and it is used in 
connection with the term ax'auax^". (Athen. xiv. 
p. 629. b. ; Hesych. vol. ii. p. 1547. Alb.; Herod, 
vu 129 ; Aelian. V. H. xiv. 22 ; Dion Cass, xxxvi. 
13 ; Paus. vi. 10. § 1 ; Heliod. Aethinp. iv. p. 73 ; 
Krause, Oymnustik und Agonistik, vol. i. c. 6. § 33, I 
voL ii. c 3. § 1.) [P.S.] 

CHEIROTO'NIA (xfpoTovia). In the Athe- 
nian assemblies two modes of voting were practised, 
the one by pebbles [Psephus], the other by 
a show of hand., (xfpo^oyttv). The latter was 
employed in the election of those magistrates who 
were chosen in the public assemblies (apxa'P*- 
ci'ai), and who were hence called x f 'P 0T °T T£ "i 
in voting upon laws, and in some kinds of trials 
on matters which concerned the people, as upon 
irpoSoKai and uaa-fytKicu. We frequently find, 
however, the word tfrnipi(((T0at used where the 
votes were really given by show of hands. (Lys. 
c. EratoKth. p. 124. 16. and p. 127. 8. cd. Steph. ; 
Dem. Olynih. i. p. 9.) 

The manner of voting by a show of hands is 
said by Suidas(*.c KaT(xfpur6rnafv)lo have been 
as follows: — The herald said : ** Whoever thinks 
that Meidias is guilty, let him lift up his hand." 
Then those who thought so stretched forth their 
hands. Then the herald said again : " Whoever 
thinks that Meidias is not guilty, let him lift up 
his hand ;" and those who were of this opinion 
stretched forth their hands. The number of 
hands was counted each time by the herald ; and 
the president, upon the herald's report, declared 
on which side the majority voted (ayayoptvetv ras 
Xtiporovias, Aesch. c. Ctesiph. § 2). 

It is important to understand clearly the com- 
pounds of this word. A vote condemning an 
accus d person is KaTaxttporov'ta : one acquitting 
him, iiroxfiporoyia (l)em. c. Afeid. pp. 516, 
553, 583) ; iirixf'porovuv is to confirm by a ma- 
jority of votes (Dem. De Coron. pp. 235, 261) ; 
i-irix*iporovia twv vofiwv was a revision of the 
laws, which took place at the beginning of every 
year ; ^jrix'iporoWa tui> apx<* ,(/ was a vote taken 
in the first assembly of each Prytany on the con- 
duct of the magistrates : in these cases, those who 
voted for the confirmation of the law, or for the 
continuance in office of the magistrate, were said 
iirix'ipoTovfii/, those on the other side airox«i/wo- 
vttv (Dem. c. Timticr. p. 706 ; liarpocrat. and 
Suidas v. p. Kup'ta {kk\ij(t'iu. ; Dem. c. Thmcrin. 
p. 1330) : Siax'tpornvia is a vote for one of 
two alternatives (Mem. c. A ml nit inn. p. 596 ; c. 
Timocr. p. 707 ; e. Stair, p. 1316) : amix*'poTo- 
yuv, to vote against a proposition. The com- 
pounds of >frn<pl(*oOai have similar meanings. 
(Schomann. De Citmitiis Atlienirmiiim, pp. 120, 
125, 231,251, 330.) | P. 

CHKLIDO'NIA (x»Ai5«Via>, a custom ob- 
served in the island of Rhodes, in the month of 



Boedromion, the time when the swallows returned. 
During that seasan boys, called x f AiSwiorat, went 
from house to house collecting little gifts, ostensibly 
for the returning swallows (xeXtSonjcip), and sing- 
ing a song which is still extant. (Athen. viii. p. 360 ; 
compare Ilgen, Opusc. Phil. i. p. 164, and Eustath. 
ad Odyss. xxi. suf> fin.) It is said 10 have been in- 
troduced by Cleobulus of Lindus, at the same period 
when the town was in great distress. The cheli- 
donia, which have sometimes been called a fes- 
tival, seem to have been nothing but a peculiar 
mode of begging, which on the occasion of the re- 
turn of the swallows was carried on by boys in the 
manner stated above. Many analogies may still 
be observed in various countries at the various 
seasons of the year. [L. S.] 

CHELYS (x*'Aus). [Lyra.] 

CHEME (XVHV), a Greek liquid measure, the 
capacity of which (as is the case with most of the 
smaller measures) is differently stated by different 
authorities. There was a small cheme, which con- 
tained two cochlearia, or two drachmae, and was 
the seventy-second part of the cotyle, = '0068 of 
a pint English. (Rhem. Fann. v. 77.) The large 
cheme was to the small in the proportion of 3 to 2. 
Other sizes of the cheme are mentioned, but they 
differ so much that we cannot tell with certainty 
what they really were. (Hussey, Ancient Weights, 
&c ; Wiirm, De Fund. &c.) " [P. S.] 

CHENISCUS. [Navis.] 

CHERNIPS (x f >"f')- [Lustratio.] 

CHEROSTAE (xvp^rai). [Herbs.] 

CIULIARCHUS. [Exercitus.] 

CHIRAMA'XIOI (from x«*p and S^a), a 
sort of easy chair or " go-cart," used for invalids 
and children. (Petron. 28.) 

CHIRIDO'TA. [Tunica.] 

CHIRO'GRAPIIUM (x«php<"P°*), meant 
first, as its derivation implies, a hand-writing 
or autograph, (f.'ic. PhUL ii. 4.) In this its simple 
sense, x (l P m Greek and manus in Latin are often 
substituted for it 

Like similar words in all languages, it acquired 
several technical senses. From its first meaning 
was easily derived that of a signature to a will or 
other instrument, especially a note of hand given 
by a debtor to his creditor. In this latter case, it 
did not constitute the legal obligation (for the 
debt might be proved in some other way) ; it was 
only a proof of the obligation. 

According to Asconius (in I'err. iii. 36) chiro- 
grnp/ium, in the sense of a note-of-hand, was dis- 
tinguished from nyngmplui ; the former was always 
given for money actually lent, the latter nflght he 
a mere sham agreement (something like a bill of 
accommodation, though with a different object), to 
pay a debt which had never been actually in- 
curred. The chirotjrnphum was kept by the 
creditor, and had only the debtor's signature ; the 
tyngrapha, on the contrary, was signed and kept 
by both parties. 

In the I<atin of the middle ages (see Du Fresno, 
». v.) c/iin*/ruplium was used to signify tribute col- 
lected under the sign-manual of a person in autho- 
rity, similar to the briefs and benevolences of 
former times in our own country. It was also 
used (sec Blackstone, b. ii. ■ 'JH>, till -.erv lately, 
in the Engluh law fornn indenture. Duplicate* of 
deed* were writt n mi one piece of parchment, with 
the word rhinnjniphum between them, whirh was 
cut in two in a straight or wavy line, and the parts 



272 



CHIRURGIA. 



CHIRURGIA. 



given to the care of the persons concerned. By 
the Canonists, Blackstone remarks, the word syn- 
grapha or syngraphus was employed in the same 
way, and hence gave its name to these kind of 
writings. [B. J.] 

CHIRU'RGIA (x*ipovpyia), surgery. The 
practice of surgery was, for a long time, considered 
by the ancients to be merely a part of a physician's 
duty ; but as it is now almost universally allowed 
to be a separate branch of the profession, it will 
perhaps be more convenient to treat of it under a 
separate head. It will not be necessary to touch 
upon the disputed questions, which is the more 
ancient, or which is the more honourable branch of 
the profession ; nor even to try to give such a 
definition of the word chirurgia as would be likely 
to satisfy both the physicians and surgeons of the 
present day ; it will be sufficient to determine the 
sense in which the word was used by the ancients; 
and then, adhering closely to that meaning, to give 
an account of this division of the science and art 
of medicine, as practised among the Greeks and 
Romans, referring to the article Medicina for 
further particulars. 

The word chirurgia i3 derived from %eip the 
hand, and ipyov a work, and is explained by 
Celsus {De Med. lib. vii. Praefat.) to mean that 
part of medicine quae manu curat, " which cures 
diseases by means of the hand ;" in Diogenes 
Laertius (iii. 85) it is said to cure Sia tov Te/xveiv 
/cat KaUw, " by cutting and burning ; " nor (as far 
as the writer is aware) is it ever used by ancient 
authors in any other sense. Omitting the fabulous 
and mythological personages, Apollo, Aesculapius, 
Chiron, &c, the only certain traditions respecting 
the state of surgery before the establishment of 
the republics of Greece, and even until the time of 
the Peloponnesian war, are to be found in the 
Iliad and Odyssey. There it appears that surgery 
was almost entirely confined to the treatment of 
wounds ; and the imaginary power of enchantment 
was joined with the use of topical applications. 
{II. iii. 218, xi. 515, 828, 843, &c. &c.) The 
Greeks received surgery, together with the other 
branches of medicine, from the Egyptians ; and 
from some observations made by the men of 
science who accompanied the French expedition to 
Egypt in 1798, it appears, that there are docu- 
ments fully proving that in very remote times this 
extraordinary people had made a degTee of pro- 
gress of which few of the moderns have any con- 
ception : upon the ceilings and walls of the temples 
at Tentyra, Karnack, Luxor, &c, basso-relievos 
are seen, representing limbs that have been cut off 
with instruments very analogous to those which 
are employed at the present day for amputations. 
The same instruments are again observed in the 
hieroglyphics, and vestiges of other surgical opera- 
tions may be traced, which afford convincing proofs 
of the skill of the ancient Egyptians in this branch 
of medical science. (Larry, quoted in Cooper's 
Surg. Diet.) 

The earliest remaining surgical writings are 
those of Hippocrates, who was born B. c. 460, and 
died B. c. 357. Among his reputed works there 
are ten treatises on this subject, only one of which 
however is considered undoubtedly genuine. Hip- 
pocrates far surpassed all his predecessors (and 
indeed most of his successors) in the boldness and 
success of his operations ; and though the scanty 
knowledge of anatomy possessed in those times 



prevented his attaining any very great perfection, 
still, we should rather admire his genius, which - 
enabled him to do so much, than blame him be- 
cause, with his deficient information, he was able 
to do no more. The scientific skill in reducing 
fractures and luxations displayed in his works, 
De Fracturis, De. Articulis, excites the admira- 
tion of Haller (Biblioth. Chirurg.), and he was 
most probably the inventor of the ambe, an old 
chirurgical machine for dislocations of the shoulder, 
which, though now fallen into disuse, for a long 
time enjoyed a great reputation. In his work De 
Capitis Vulneribus he gives minute directions 
about the time and mode of using the trephine, 
and warns the operator against the probability of 
his being deceived by the sutures of .the cranium, 
as he confesses happened to himself. {De Morb. 
Vulgar, lib. v. p. 561, ed. Kiihn.) The author of 
the Oath, commonly attributed to Hippocrates, 
binds his pupils not to -perform the operation of 
lithotomy, but to leave it to persons accustomed to 
it {ipydrrio'i avSpdcri irprifros ryjoSe) ■ from which 
it would appear as if certain persons confined them- 
selves to particular operations. 

The names of several persons are preserved who 
practised surgery as well as medicine, in the times 
immediately succeeding those of Hippocrates ; but, 
with the exception of some fragments, inserted in 
the writings of Galen, Oribasius, Aetius, &c, all 
their writings have perished. ' Archagathus de- 
serves to be mentioned, as he is said to have been 
the first foreign surgeon that settled at Rome 
B. c. 219. (Cassius Hemina, apud Plin. H. N. 
xxix. 6.) He was at first very well received, the 
jus Quiritium was conferred upon him, a shop was 
bought for him at the piiblic expense, and he re- 
ceived the honourable title of Vulnerarius. This, 
however, on account of his frequent use of the 
knife and cautery, was soon changed by the Ro- 
mans (who were unused to such a mode of prac- 
tice) into that of Carnifex. Asclepiades, who 
lived at the beginning of the first century B. c, is 
said to have been the first person who proposed 
the operation of bronchotomy, though he himself 
never performed it (Cael. Aurel. De Morb. Acut. 
i. 14, iii. 4) ; and Ammonius of Alexandria, sur- 
named Ai8or6fios, who is supposed to have lived 
rather later, is celebrated in the annals of surgery 
for having been the first to propose and to perform 
the operation of Lithotrity, or breaking a calculus 
in the bladder, when found to be too large for 
safe extraction. Celsus has minutely described 
his mode of operating {De Med. vii. 26. § 3. p. 
436), which very much resembles that lately in- 
troduced by Civiale and Heurteloup, and which 
proves, that however much credit they may de- 
serve for bringing it again but of oblivion into 
public notice, the praise of having originally 
thought of it belongs to the ancients. " A hook," 
says Celsus, " is to be so insinuated behind the 
stone as to resist and prevent its recoiling into the 
bladder, even when struck ; then an iron instru- 
ment is used, of moderate thickness, flattened 
towards the end, thin, but blunt ; which being 
placed against the stone, and struck on the further 
end, cleaves it ; great care being taken, at the 
same time, that neither the bladder itself be in- 
jured by the instrument, nor the fragments of the 
stone fall back into it." The next surgical writer 
after Hippocrates, whose works are still extant, 
is Celsus, who lived at the beginning of the first 



CHIRURGIA. 



CHIRURGIA. 



273 



century a. d., and who has devoted the four last 
books of his work. De Medicina, and especially the 
seventh and eighth, entirely to surgical matters. 
It appears plainly from reading Cels is, that since 
the time of Hippocrates surgery had made very 
great progress, and had, indeed, reached a high 
degree of perfection. He is the first author who 
gives directions for the operation of lithotomy (De 
Med. vii. 26. § 2. p. 432), and the method de- 
scribed by him (called tlie apparatus minor, or 
Celsus's method,) continued to be practised till the 
commencement of the sixteenth century. It was 
performed at Paris, Bordeaux, and other places in 
France, upon patients of all ages, even as late as a 
hundred and fifty years ago ; and a modern author 
(Allan On Lithotomy, p. 12) recommends it always 
to be preferred on boys under fourteen. (Cooper's 
Diet, of Prac. Surg., art. Lithotomy.) He de- 
scribes (vii. 25. § 3. p. 428) the operation of /«- 
Jiljulatio, which was so commonly performed by the 
ancients upon singers, &.C., and is often alluded to 
in classical authors. (See Juv. vi. 73, 379 ; Scnec. 
aputl Lactant. Divin. Instil, i. 16; Mart. Kpigr. 
vii. 82. 1, ix. 28. 12, xiv. 215. 1 ; Tertull. De 
Corona Mil. 11.) He also describes (vii. 25. § 1. 
p. 427) the operation alluded to bv St. Paul (1 
Cor. vii. 18) ircpi-rfT/jTj/icVos tIj iK\r\9ri ; fir) irr i- 
tj rr in 6 a. Compare Paulus Aegineta (De He 
Med. vi. 53), who transcribes from Antyllus a se- 
cond method of performing the operation. 

The following description, given by Celsus, of 
the necessary qualifications of a surgeon, deserves 
to be quoted : — "A surgeon," says he (lib. vii. 
I'rarfat.) " ought to be young, or, at any rate, not 
very old ; his hand should be firm and steady, and 
never Bhake ; he should be able to use his left 
hand with as much dexterity as his right ; his 
eye-sight should be acute and clear ; his mind in- 
trepid, and so far subject to pity as to make him 
desirous of the recovery of his patient, but not 
so far as to suffer himself to be moved by his cries; 
he should neither hurry the operation more than 
the case requires, nor cut less than is necessary, 
but do every thing just as if the other's screams 
made no impression upon him.' 1 

Perhaps the only surgical remark worth quoting 
from Arctaeus, who lived in the first century a. d., 
is that he condemns the operation of bronchotomy, 
and thinks " that the wound would endanger an 
inflammation, cough, and strangling ; and that if 
the danger of being choked could be avoided by 
this method, yet the parts would not heal, as being 
cartilaginous." 1 (De Mori. Acut. Cur. i. 7. p. 227, 
ed. Kiihn.) 

Omitting Scribonius Largus, Moschion, and So- 
ranus, the next author of importance is Caelius 
Aurelianus, who is supposed to have lived about 
the beginning of the second century A. n., ond 
in whose works there is a good deal relating to 
surgery, though nothing that can be called original. 
He rejected as absurd the operation of broncho- 
tomy (De Morli. Citron, iii. I). He mentions 
a case of ascites that was cured by paracentesis 
(Ibid. iii. 8), and also a person who recovered 
after being shot through the lungs by an arrow. 
(Ibid. iii. 12.) 

Galen, the most voluminous and at the same 
time the most valuable medical writer of antiquity, 
is less celebrated as a surgeon than as an anatomist 
and physician. He appears to have practised 
lurgery at Pcrgamus ; but, upon his removal to 



Rome (a. D. 165), he entirely confined himself 
to medicine, following, as he says himself (De 
Meth. Med. vi. 20), the custom of the place. His 
writings prove, however, that he did not entirely 
abandon surgery. His Commentaries on the 
Treatise of Hippocrates, De Officina Medici, and 
his treatise De Fasciis, shows that he was well 
versed even in the minor details of the art. He 
appears also to have been a skilful operator, though 
no great surgical inventions are attributed to him. 

Antyllus, who lived some time between Galen 
and Oribasius, is the earliest writer whose direc- 
tions for performing bronchotomy are still extant, 
though the operation (as was stated above) was 
proposed by Asclepiades about three hundred years 
before. Only a few fragments of the writings of 
Antyllus remain, and among them the following 
passage is preserved by Paulus Aegineta (De He 
Med. vi. 33):- — " Our best surgeons have described 
this operation, Antyllus particularly, thus : ' We 
think this practice useless, and not to be attempted 
where all the arteries and the lungs are affected ; 
but when the inflammation lies chiefly about the 
throat, the chin, and the tonsils which cover the 
top of the windpipe, and the artery is unaffected, 
this experiment is very rational, to prevent the 
danger of suffocation. When we proceed to per- 
form it, we must cut through some part of the 
windpipe, below the larynx, about the third or 
fourth ring ; for to cut quite through would be 
dangerous. This place is the most commodious, 
because it is not covered with any flesh, and be- 
cause it has no vessels near it. Therefore, bend- 
inn the head of the patient backward, so that the 
windpipe may come more forward to the view, we 
make a transverse section between two of the 
rings, so that in this case not the cartilage, but the 
membrane which incloses and unites the cartilages 
together, is divided. If the operator be a little 
fearful, he may first divide the skin, extended by 
a hook ; then, proceeding to the windpipe, and 
separating the vessels, if any arc in the way, he 
must make the incision.' Thus far Antyllus, who 
thought of this way of cutting, by observing (when 
it was, I suppose, cut by chance) that the air 
rushed through it with great violence, and that the 
voice was interrupted. When the danger of suffo- 
cation is over, the lips of the wound must be united 
by suture, that is, by sewing the skin, and not the 
cartilage ; then proper vulnerary medicines are to 
be applied. If these do not agglutinate, an incar- 
nant must be used. The same method must be 
pursued with those who cut their throat with a 
design of committing suicide." * 

Oribasius, physician to the Kmperor Julian (a. n. 
361), professes to be merely a compiler; and 
though there is in his great work, entitled 2uco- 
yuryai 'laTptKal, ColUrln Medirinalia, much sur- 
gical matter, there is nothing original. The same 
may be said of Actius and Alexander Trallianus, 
both of whom lived towards the end of the Bixth 
century a. d., and are not famous for any surgical 
inventions. Paulus Aegineta has given up the 
fifth and sixth books of his work, he He Mcdica, 

* This operation appears to have been very 
seldom, if ever, performed by the ancients upon a 
human being. Avenzoar (p. 15) tried it upon a 
goat, and found it might lie done without much 
danger or difficulty ; but he says he should not 
like to be the first person to try it upon a man. 



274 



CHIRURGIA. 



CHIRURGIA. 



entirely to surgery, and has inserted in them 
much useful matter, the fruits chiefly of his own 
observation and experience. He was particularly 
celebrated for his skill in midwifery, and female 
diseases, and was called on that account, by the 
Arabians, Al-Kawabeli, "the Accoucheur," (Abul- 
pharaj, Hist. Dynast., p. 181, ed. Pococke). Two 
pa nphlets were published in 1768 at Gbttingen, 
4 to. by Rud. Aug. Vogel, entitled De Pauli 
Aeginetae Meritis in Medicinam, imprimisque 
Cidrurgiam. Paulus Aegineta lived probably to- 
wards the end of the seventh century, A. D., and 
is the last of the ancient Greek and Latin medical 
writers whose surgical works remain. The names 
of several others are recorded, but they are not of 
sufficient eminence t i require any notice here. 
For further information on the subject both of 
medicine and surgery, see Medicina ; and for the 
legal qualifications, social rank, &c, both of phy- 
sicians and surgeons, among the ancient Greeks 
and Romans, see Medicos. 

The surgical instruments, from which the ac- 
companying engravings are made, were found by a 
physician of Petersburg, Dr. Savenko, in 1819, at 
Pompeii, in Via Consularis (Strada Consulare), in 
a h 'Use which is supposed to have belonged to a 
surgeon. They are now preserved in the museum 
at Portici. The engravings, with an account of 
them by Dr. Savenko, were originally published 
in the Revue Medicate for 1821, vol.iii. p. 427, 
&c. They were afterwards inserted in Froriep's 
Notizen uus dern Gebiete der Natur-und-Heilkunde, 
for 1822, vol. ii. n. 26. p. 57, &c The plate 
containing these instruments is wanting in the 
copy of the Revue Medicate in the library of the 
College of Surgeons, so that the accompanying 
figures are copied from the German work, in which 
some of them appear to be drawn very badly. 
Their authenticity was at first doubted by Kiihn 
(De Instrum. Chirurg., Veteribus cognitis, et nuper 
efossis, Lips. 1823, 4 to.), who thought they were 
the same that had been described by Bayardi in 
his Catal. Antiq. Monument. Hercutani effbs., Nap. 
1754. fol. n. 236 — 294; when, however, his dis- 
sertation was afterwards republished (Opusc. 
Aeadem. Med. et Philol., Lips. 1827, 1828, 8vo. 
vol. ii. p. 309) he acknowledged himself to be com- 
pletely satisfied on this point, and has given in 
the tract referred to, a learned and ingenious de- 




scription of the instruments, and their supposed 
uses, from which the following account is chiefly 
abridged. It will, however, be seen at once, that 
the form of most of them is so simple, and their 
uses so obvious, that very little explanation is 
necessary. 

1, 2. Two probes (specittum, pyXr)) made of iron ; 
the larger six inches long, the smaller four and a 
half. 3. A cautery (Kaur^pioy) made of iron, 
rather more than four inches long. 4, 5. Two 
lancets (scalpellum, 0711X77), made of copper, the 
former two inches and a half long, the other three 
inches. It seems doubtful whether they were 
used for blood-letting, or for opening abscesses, 
&c- 6. A knife, apparently made of copper, the 
blade of which is two inches and a half long, and 
in the broadest part one inch in breadth ; the back 
is straight and thick, and the edge much curved ; 
the handle is so short that Savenko thinks it must 
have been broken. It is uncertain for what par- 
ticular purpose it was used : Kiihn conjectures that 
(if it be a surgical instrument at all) it may have 
been made with such a curved edge, and such a 
straight thick back, that it might be struck with a 
hammer, and so amputate fingers, toes, &c. 7. 
Another knife, apparently made of copper, the 
blade of which is of a triangular shape, two inches 
long, and in the broadest part eight lines in breadth ; 
the back is straight and one line broad, and this 
breadth continues all the way to the point, which, 
therefore, is not sharp, but guarded by a sort of 
button. Kuhn thinks it may have been used for 
enlarging wounds, &c, for which it would be par- 
ticularly fitted by its blunt point and broad back. 

8. A needle, about three inches long, made of iron. 

9. An elevator (or instrument for raising depressed 
portions of the skull), made of iron, five inches 
long, and very much resembling those made use of 




in the present day. 10 — -14. Different kinds of 
forceps (vulsella). No. 10 has the two sides sepa- 
rated from each other, and is five inches long. 
No. 11 is also five inches long. No. 12 is three 
inches and a half long. The sides are narrow at 



CHLAMYS. 



CHLAMYS. 



275 



the point of union, and become broader by degrees 
towards the other end, where, when closed, they 
form a kind of arch. It should be noticed that it 
is furnished with a moveable ring, exactly like the 
tenaculum forceps employed at the present day. 
No. 13 was used for pulling out hairs by the roots 
(rpixohaS'ts). No. 14 is six inches long, and is 
bent in the middle. It was probably used for ex- 
tracting foreign bodies that had stuck in the oeso- 
phagus ( or gullet), or in the bottom of a wound. 
15. A male catheter (aenea fistula), nine inches in 
length. The shape is remarkable from its having 
the double curve like the letter S, which is the 
form that was re-invented in the last century by 
the celebrated French surgeon, J. L. Petit. 16. 
Probably a female catheter, four inches in length. 
Celsus thus describes both male and female cathe- 
ters (De Meil. vii.26. § 1. p. 429) : — u The surgeon 
should have three male catheters (aeneas fistulas), 
of which the longest should be fifteen, the next 
twelve, and the shortest nine inches in length ; 
and he should have two female catheters, the one 
nine inches long, the other six. Both sorts should 
be a little curved, but especially the male ; they 
should be perfectly smooth, and neither too thick 
nor too thin." 17. Supposed by Froriep to be an 
instrument for extracting teeth (blovTaypa, Pol- 
lux, IT. § 181) ; but Kiihn, with much more pro- 
bability, conjectures it to be an instrument used 
in amputating part of an enlarged uvula, and 
quotes Celsus (De Med. vii. 12. § 3. p. 404), 
who says, that " no method of operating is 
more convenient than to take hold of the uvula 
with the forceps, and then to cut off below it 
as much as is necessary." 18, 19. Probably two 
spatulae. [\V. A. G.] 

CHITON (xn-<£f). [Tunica.] 

CHITO'NIA (x'TtSyia), a festival celebrated 
in the Attic town of Chitone in honour of Artemis, 
surnamed Chitona or Chitonia. (Schol. ad Calli- 
much. Hymn, in Artrm. 78.) The Syracusans also 
celebrated a festival of the same name, and in 
honour of the same deity, which was distinguished 
by a peculiar kind of dance, and a playing on the 
flute. (Athen. xiv. p. 629 ; Steph. Byz. s. v. X<- 
Turn.) [L. S.] 

CHLAINA (xt-riva). [Laena ; Pallium.] 

CHLAMYS (xAo/xus, dim. x^aM^ioe), a scarf. 
This term, being Greek, denoted an article of the 
Amictus, or outer raiment, which was in general 
characteristic of the Greeks, and of the Oriental 
races with which they were connected, although 
both in its form and in its application it approached 
very much to the Lacerna and Paluuamkntum 
of the Romans, and was itself to some extent 
adopted by the Romans under the emperors. It 
was for the most part woollen ; and it differed 
from the inirtov, the usual amictus of the malt- 
sex, in these respects, that it was much smaller ; 
also finer, thinner, more variegated in colour, and 
mor.' susceptible of ornament. It moreover dif- 
fered in being oblong instrnd of square, its length 
being gen -rally about twice its breadth. To the 
regular oblong a, A, e, d (see woodcut), goars wen- 
added, either in the form of a right-angled triangle 
o,e,f, producing the modification </, r, </, who h 
is exemplified in the annexed figure of Mercury ; 
or of an obtuse-angled triangle a, e, It, producing the 
modification a, r, Ii, c, p, d, which is cxcmplilo-.l in 
the figure of a youth from the Panathenaic frieze 
in the British Museum. These goars were called 




irrepiryes, trinps, and the scarf with these additions 
was distinguished by the epithet of Thessalian or 
Macedonian (Etym. Mag.), and also by the name 
of "AAA.i{ or Alicula. [Alicula.] Hence the an- 
cient geographers compared the form of the in- 
habited earth (y ohcQvyuhni) to that of a chlamys. 
(Strabo, ii. 5 ; Macrobius, De Somn. Scip. iL) 

The scarf does not appear to have been much 
wom by children, although one was given with its 
brooch to Tiberius Caesar in his infancy. (Suet. 
THi. 6.) It was generally assumed on reaching 
adolescence, and was worn by the ephebi from 
about seventeen to twenty years of age. (Philemon, 
p. 367, ed. Meineke ; epltebica chlamyde, Apulcius, 
Met. x ; Pollux, x. 164.) It was also worn by the 
military, especially of high rank, over their body- 
armour (Aelian, V. H. xiv. 10 ; Plaut. Pseud, ii. 
4. 45, Epid. iii. 3. 55), and by hunters and tra- 
vellers, more particularly on horseback. (Plaut. 
Poen. iii. 3. 6, 31.) 

The scarfs worn by youths, by soldiers, and by 
hunters, differed in colour and fineness, according 
to their destination, and the age and rank of the 
wearer. The x^<V u s l0l)&#cil was probably yel- 
low or saffron-coloured ; and the x^a^us mptniu- 
TiK7), scarlet On the other hand, the hunter com- 
monly went out in a scarf of a dull unconspicuous 
colour, as best adapted to escape the notice of wild 
animals. (Pollux, v. 18.) The more ornamental 
scarfs, being designed for females, were tastefully 
decorated with a border (limbus, Virg. Aen. iv. 
137; maeandcr, v. 251); and those worn by 
Phoenicians, Trojans, Phrygians, and other Asiatics, 
were also embroidered, or interwoven with gold. 
(Virg. U. cc. ; iii. 483, 484, xi. 775 ; Ovid, Met, 
v. 51 ; Val. Flaccus, vi. 228.) Actors had their 
chlamys ornamented with gold. (Pollux, iv. 116.) 

The usual mode of wearing the scarf was to pass 
one of its shorter sides (a, d) round the neck, and 
to fasten it by means of a brooch i filiulu), cither 
over the breast, in which case it hung down the 
back, reaching to the calves of the legs ; or over 
the right shoulder, so as to cover the left arm, as 
is seen in the cut on p. 259, and in the well-known 
example of the Belvidcre Apollo. In other in- 
stances it was made to deprnd gracefully from the 
left shoulder, of which the bronze Apollo in the 
British Museum (see the annexed woodcut) pre- 
sents an example ; or it was thrown lightly behind 
the back, and passed over either ISM arm or 
shoulder, or over both (we the •■•cmid figure in the 
last woodcut. Liken from Hamilton's Vases, i. 2) ; 
or, lastly, it was laid upon the throat, curried be- 
hind the neck, and crossed so as to hang down the 
back, as in the figure of Achilles (p. 196), mid 
sometimes its extremities were again brought for- 
ward over the arms or shoulders. In short, tho 
T 2 



276 



CHLAMYS. 



CHOREGUS. 




remains of ancient art of every description, show 
in how high a degree the scarf contributed, by its 
endless diversity of arrangement, to the display of 
the human form in its greatest beauty ; and Ovid 
has told us how sensible the ephebi were of its 
advantages in the account of the care bestowed 
upon this part of his attire by Mercury. {Met. ii. 
735.) The aptitude of the scarf to be turned in 
every possible form around the body, made it use- 
ful even for defence. The hunter used to wrap 
his chlamys about his left arm when pursuing wild 
animals, and preparing to fight with them. (Pol- 
ux v. 18; Xen. Cyneg. vi. 17.) Alcibiades died 
fighting with his scarf rolled round his left hand 
instead of a shield. The annexed woodcut exhibits 
a figure of Neptune armed with the trident in his 
right hand, and having a chlamys to protect the 
left. It is taken from a medal which was struck 
in commemoration of a naval victory obtained by 
Demetrius Poliorcetes, and was evidently designed 
to express his sense of Neptune's succour in the 
conflict. When Diana goes to the chase, as she 




does not require her scarf for purposes of defence, 
she draws it from behind over her shoulders, and 
twists it round her waist, so that the belt of her 
quiver passes across it, as shown in the statues of 
this goddess in the Vatican (see woodcut). 

It appears from the bas-reliefs on marble vases 
that dancers took hold of one another by the 
chlamys, as the modern Greeks still do by their 
scarfs or handkerchiefs, instead of taking one an- 
other's hands. 

Among the Romans the scarf came more into 
use under the emperors. Caligula wore one en- 
riched with gold. (Suet. Calig. 19.) Alexander 
Severus, when he was in the country or on an 
expedition, wore a scarf dyed with the coccus 



(chlamyde coccinea, Lamprid. Al. See. 40 ; compare 
Matt. xxvii. 28, 31). [J. Y.] 

CHLOEIA or CHLOIA (xUtia or x*-oid), a 
festival celebrated at Athens in honour of Demeter 
Chloe, or simply Chloe, whose temple stood near 
the Acropolis. (Hesych. s. v. x^oia ; Athen. xiv. 
p. 618 ; Sophocl. Oed. Col. 1600, with the Scho- 
liast ; Paus. i. 22. § 3.) It was solemnized in 
spring, on the sixth of Thargelion, when the blos- 
soms began to appear (hence the names x^V an( i 
XA<Jem), with the sacrifice of a goat and much 
mirth and rejoicing. (Eupolis, apud Schol. ad 
Soph. Oed. Col. I. c.) [L. S.] 

CHOENIX (x "''!)* a Greek measure of ca- 
pacity, the size of which is differently given ; it 
was probably of different sizes in the several states. 
Pollux (iv. 23), Suidas, Cleopatra, and the frag- 
ments of Galen (c. 7, 9) make it equal to three 
cotylae, or nearly l\ pints English ; another frag- 
ment of Galen (c. 5), and. other authorities (Pauc- 
ton, Melrolog. p. 233) make it equal to four cotylae, 
or nearly 2 pints English ; Rhemnius Fannius (v. 
69), and another fragment of Galen (c. 8) make it 
eight cotylae, or nearly 4 pints English. (Wurm, 
De Pond. etMens. &c.,pp. 132, 142, 199; Hussey, 
Ancient Weights, &c. pp. 209, 214. [P. S.] 

CHOES (x<*«). [Dionysia.] 

CHORE'GIA. [Choregus.] 

CHORE'GUS (xopny6s), one who had to dis- 
charge the duties of the Choregia (xopTyta). The 
Choregia was one of the most expensive of the or- 
dinary or encyclic liturgies at Athens. [Leitur- 
gia.] The choregus was appointed by his tribe, 
though we are not informed according to what 
order. The same person might serve as choregus 
for two tribes at once (Antiph. de Choreuta, 
p. 768 ; Dem. c. Lept. p. 467) ; and after B. c. 412 
a decree was passed allowing two persons to unite 
and undertake a choregia together. (SchoL ad 
Arist. Ran. 406.) The duties of the choregia 
consisted in providing the choruses for tragedies 
and comedies, the lyric choruses of men and boys, 
the pyrrhicists, the cyclic choruses, and the 
choruses of flute-players for the different religious 
festivals at Athens. When a poet intended to 
bring out a play, he had to get a chorus assigned 
him by the archon [Chorus], who nominated a 
choregus to fulfil the requisite duties. The 
choregus had in the first place to get the choreutae. 
In the case of a chorus of boys this was some- 
times a difficult matter, since, in consequence of the 
prevalent paederastia of the Greeks, parents were 
frequently unwilling to suffer their boys to be 
choreutae, lest they should be exposed to corrupt- 
ing influences during their training. Solon, with 
the view of lessening the dangers to which they 
might be exposed, had enacted that choregi should 
be more than forty years of age. But the law 
was by no means rigidly observed. (Aesch. 
c. Timarch. p. 391.) If the boys could be obtained 
in no other way, compulsion was allowable. (An- 
tiph. I. c.) Having procured the choreutae, the 
choregus had next to provide a trainer for them 
(xopo5(8a<r/caAos). It was of course a matter of 
great importance to get a good trainer. The ap- 
portionment of the trainers was decided by lot, 
that is, as Bockh imagines, the choregi decided by 
lot in what order they were to select the trainers, 
which was in fact the mode of proceeding with 
respect to the flute-player. (Dem. c. Meid. p. 
519.) The choregus had to pay, not only the 



CHORUS. 

trainer, but the choreutae themselves, and main- 
tarn them while they were in training, providing 
them with such food as was adapted to strengthen 
the voice *; and to provide a suitable training 
place (xofrrr/etov) if he had no place in his own 
house adapted for the purpose. ( Antiph. /. c. ; 
Athen. xiv. p. 617, b. ; Schol. wl Ari.it. Nub. 338, 
Acharn. 1154; Plut. de G'lor. Ath. p.349,a; Xen. 
de Rejmbl. Atk. L 13 ; Poll. iv. 106, ix. 41.) He 
had also to provide the chorus with the requisite 
dresses, crowns, and masks. (Dem. e. Mad. p. 
519; Athen. iii. p. 103, f.) It is not to be sup- 
posed, however, that the choregus defrayed the 
whole expense of the play to be represented. 
The choregus who was judged to have performed 
his duties in the best manner received a tripod as 
a prize, the expense of which, however, he had to 
defray himself ; and this expense frequently in- 
cluded the building of a cell or chapel in which 
to dedicate it. A street at Athens was called the 
Street of the Tripods, from being lined with these. 
The tribe to which the choregus belonged shared 
the honours of the victor) - with him, and the names 
of both were inscribed upon the tripod or monu- 
ment. ( Paus. i. 20. § 1 ; Plat. Gorg. p. 472 ; 
Plut Nic. 3.) The sums expended by choregi 
were doubtless in most cases larger than was abso- 
lutely necessary. Aristophanes (Lys. pro Arist. 
bun. pp. 633, 642) spent 5000 drachmae upon two 
tragic choruses. From the same orator we learn 
that another person spent 3000 drachmae upon a 
single tragic chorus ; 2000 for a chorus of men ; 
5000 for a chorus of men on another occasion, 
when, having gained the prize, he had to defray 
the expense of the tripod ; 800 drachmae for a 
chorus of pyrrhicists ; 300 drachmae for a cyclic 
chorus. (Lys. airok. SupoS. pp.698, ed. Hciskc.) 

A chorus of flute-players cost more than a tragic 
chorus. (Dem. c. Mad. p. 565.) In times of 
public distress, the requisite number of choregi 
could not always be procured. Thus the tribe 
Pandionis had furnished no choregus for three 
years, till Demosthenes voluntarily undertook the 
office. (Dem. c. Afevl. pp. 578, 579 ; comp. Bockh. 
Pali. Ecnn. of Athens, book iii. c. 22.) [C. P. M.] 

CHOHOBATES, an instrument for determining 
the slope of an aqueduct and the levels of the 
country through which it was to pass. From the 
description given of it by Vitruvius, it appears to 
have differed but very slightly from a common 
carpenter's level, which consists of a straight rule 
supporting a perpendicular piece, against which 
hangs a plumb-line. The chorobates had two per- 
pendiculars and plumb lines, one at each end, in- 
stead of a single one in the middle. The derivation 
of the word is from x<"P a a "d fiaivu, from its use 
in surveying land minutely. [P-S.] 

CHORUS (x<W r '> a word, the original meaning 
and derivation of which are somewhat uncertain. 
According to Ilcsychius the word is equivalent to 
kukAoi or OTt'ifxu'of. If so, the word probably 
signified originally a company of dancers dancing 
in a ring. Those who adopt that view of the 
origin of the word connect it with x°V T05 i X<>pwv6i, 

• The speech of Antiphon, ir»pl toD x°P tvT0 "> 
was composed for n trial which arose out of an 
action brought by the father of a ihoreutcs against 
the choregus under whose charge he was, because 
the boy had died from drinking some mixture 
Kiven him to improve his voice. 



CHORUS. 277 
and Kopwv6s. Others suppose that the earliest 
signification of the word is that of a level, open 
space, such as would be suited for dancing, and 
connect it with x^P a and X&pos, so that the later 
and ordinary signification of the word would be 
derived from such places being employed for danc- 
ing. This seems a less likely account of the word 
than the other. If the name x°P 01 was given to 
such places tcitk reference to their use for dancing, 
we should still have to look to this latter idea for 
the origin of the name of the place ; if the name 
was a general one, like x<*P *, it seems very un- 
likely that a body of dancers should derive their 
name from what is so very little distinctive of 
them, namely their meeting in an open space. On 
the other hypothesis it is easy to understand how 
a word signifying a body of dancers should come 
to signify the place where they danced, and ther 
more generally, any place suited for the purpose. 
As regards the usage of the word, in Homer it 
commonly means a troop of danc- rs ; in the 
Odyssey (viii. 260, 264, xii. 4) passages are found 
where it means a place for dancing ; tvpvxopos is 
found both in Homer and in later writers as an 
epithet of cities having large open squares or places 
suited for choral performances. A comparison with 
the corresponding word xaWixopos shows that the 
notion of dancing must not be iost sight of. At 
Sparta the agora was called x°f"> s (Paus. iii. 11. 

§£>)• 

In later times, a choric performance always im- 
plies the singing or musical recitation of a poetical 
composition, accompanied by appropriate dancing 
and gesticulation, or at least by a measured march. 
The choruses that we read of in Homer are merely 
companies of dancers, who move to the music of a 
song sung by the minstrel, who accompanii s him- 
self on the cithara or phorminx. In the palace of 
Alcinous the dancers perform their evolutions, 
while Demodocus, to the music of the phorminx, 
sings the loves of Ares and Aphrodite {fid, viii. 
256, &c). In the chorus represented on the shield 
of Achilles' (//. xviii. 590, &c.) a band of youths 
and maidens dance, holding each other by the 
hand, sometimes in a ring, sometimes in parallel 
lines opposite to each other. In the midst of the 
dancers arc two KvSnTT-nTfipa, or tumblers, who, 
apparently, by their gesticulations direct and lead 
off (l\apx 0VT *i ) the measured movements (^oAjrij) 
of the dancers. So in the Homeric hymn to the 
Pythian Apollo (10, Acc.) a company of goddesses 
dance, while the Muses sing, and Apollo plays the 
cithara. The |>art of the KuSifl-rTfTjJpfs is per- 
formed by Ares and Hermes, who gesticulate 
(irai(uv<rt) in the midst of the dancers. In the 
description of the nuptial procession in Hestod 
(Shield of Hire. 272, &c.) it is not quite clear 
whether the chorus of youths are singing and danc- 
ing to the sound of the pipe, or playing the pipe 
themselves. The band of revellers ( Ku^iot) who 
follow both dance and sing. That the chorus, in 
the earliest times, consisted of the whole population 
of a city assembled for dances and hymns in honour 
of their guardian god, might be true if the whole 
population joined in the danre, but not otherwise, 
for the term chorus never included the spectators. 

Whether the Dorians were the first who hail 
choruses at festive or religious celebrations, or 
whether Apollo was the deity in connection with 
whose worship choruses first mnde their appear- 
ance, nre points which, in the absence of all evi- 
T 3 



278 



CHORUS. 



CHORUS. 



dence, are best left undecided. The war-dances 
of the Curetes in Crete in honour of Zeus, seem to 
be quite as ancient as any that we know of in 
honour of Apollo. However dances may have 
originated, it was natural that, like music and 
poetry, they should at a very early period be con- 
nected with the worship of the gods ; and in that 
connection it is certainly true that it was among 
the Dorians, and connected with the worship of 
Apollo, that the chorus received its earliest de- 
velopment, though there does not appear sufficient 
evidence to support the conclusion that the worship 
of Apollo existed nowhere without having been 
introduced by the Dorians. 

The imperfect type of the later chorus appears 
in the earliest period in the paean, as sung by 
a company either sitting still (II. i. 473), or moving 
along with a measured step (11. xxii. 391). In 
the Homeric hymn to the Pythian Apollo we have 
the god himself as leader of the chorus, playing 
the phorminx, while the chorus of Cretans follow 
him at a measured pace, and sing the Paean. 
[Paean]. This exhibits the Paean in a some- 
what later stage of development. In Homer it 
appears as a less formal and systematic perform- 
ance. Dancing was very early connected with the 
worship of Apollo in Delos (Hymn. ApolL Del. 
1. 149, &c), and in Crete. (Hesiod. Fr. 94. 
Gottl.) It was in Crete that the mimetic dance, 
called Hyporchema, took its origin [Hyporchema; 
SaltatioJ, and it was thence also that the sub- 
sequent innovations upon the staid gravity of the 
Paean were derived, traces of the origin of which 
were preserved in the name of the rhythms and 
dances. (Muller, Dorians, ii. 8. § 14.) To Tha- 
letas are attributed the most important improve- 
ments. He cultivated the art of dancing no less 
than that of music, and adapted the evolutions of 
the chorus to the more spirited movements of the 
Phrygian style of music. He is said to have com- 
posed both paeans and hyporchemes, the latter of 
which lie adapted for the Pyrrhic or war-dance ; 
and from having given them a more artistic form, 
he came to be regarded by some as the inventor of 
them. (Muller, History of the Literature of An- 
cient Greece, p. 160, &c.) Paeans began to be 
sung with an orchestic accompaniment on the part 
of the chorus, especially at the festival of the 
Gymnopaedia [Gymnopaedia], and by degrees 
became scarcely distinguishable from the hypor- 
cheme. (Muller, c. p. 160 ; Bode, Gesch. der 
Ilellen. Dichtk. vol. ii. parti, p. 46.) That com- 
bination of singing and dancing which we find 
in the choruses of later times, to which the remark 
of Lucian applies (de Salt. 30), iraA.ai fxiv yap ol 
avrol /col 7)801/ Kal uipxovvro, was probably intro- 
duced by degrees. It had taken place before the 
time of Alcman, who introduced into his choral 
compositions an antistrophic character. A large 
number of these he composed for choruses of vir- 
gins : in some there was a dialogue between the 
chorus and the poet. (Muller, /. c. p. 194, &c.) 
In his compositions strophes and antistrophes of 
the same measure usually succeeded each other in 
indefinite number. Stesichorus introduced the im- 
provement of adding an epode, during which the 
chorus were to stand still, to the strophe and anti- 
strophe. (Suidas, s. v. Tp'ia 'Srriaixfyov ; MUller, 
/. c. p. 199.) In the arrangement of his choruses 
he seems to have had a great partiality for the 
octagonal form, or for certain combinations of eight, 



whence arose the proverb Trdvra okt<!>. At Catana 
there was erected to him an octagonal monument 
with 8 columns and 8 steps. (Suidas, s. v. iravTa. 
okto) and 2Ti)0"ixopoj.) 

In all the Dorian states, especially among the 
Spartans, these choral performances were cultivated 
with great assiduity. Various causes contributed 
to this, as for example, their universal employment 
in the worship of Apollo, the fact that they were 
not confined to the men, but that women also took 
part in them, and that many of the dances had a 
gymnastic character given them, and were em- 
ployed as a mode of training to martial exercises. 
[Saltatio. 1 Hence it arose that the Dorian lyric 
poets directed their labours almost entirely to sup- 
ply the demand for songs and hymns to be sung as 
accompaniments to the dances, and that Doric lyric 
poetry became almost exclusively choral, which 
was not the case with the other great school of 
Greek lyric poetry, the Aeolian ; so that the Doric 
dialect came to be looked upon as the appropriate 
dialect for choral compositions, and Doric forms 
were retained by the Athenians even in the choral 
compositions which were interwoven with their 
dramas. (Muller, Dorians, iv. 7. § 9.) Still it is 
not to be supposed that there was no choral poetry 
which was not Doric. Several Lesbian lyric poems 
appear to have had a choral character. (Muller, 
Hist, of Lit. of Greece, p. 165.) 

The Spartans had various kinds of dances 
(Muller, Dor. iv. 6. § 8, &c.) ; but the three prin- 
cipal styles were the Pyrrhic, the Gymnopaedic, 
and the Hyporchematic (Athenaeus, xiv. p. 631, 
xv. p. 678), in all of which something of a mimetic 
character was to be found, but more especially 
in the last. MUller (Lit. of Gr. p. 161) expresses 
an opinion that the gymnopaedic style, to which 
the of tragedy corresponded, is not to be 

confounded with the dances of the gymnopaedic 
festival. The Pyrrhic or war dance (irpvKis. Homer 
calls hoplites irpuAees) was made subservient to 
gymnastic and martial training. Hence the analogy 
that may be traced between the construction and 
evolution of the chorus and of the lochus. (Muller, 
Dor. iiL 12. § 10 ; Lucian, de Saltat. 7.) At the 
Gymnopaedia large choruses of men and boys ap- 
peared, in. which great numbers of the citizens 
would have to take part. (Muller, Dor. iv. 6. § 4.) 
At several of the festivals there were distinct 
choruses of boys, men, and old men. (Plut. Ly- 
curg. 21 ; Pollux, iv. 107 ; Muller, Dor. iv. 6. § 5, 
Hist, of the Lit of Gr. p. 194.) Dances in which 
youths and maidens were intermingled were called 
opfioi. (Lucian, deSalt. 12.) It was in the hypor- 
chematic dance especially that the chorus both 
sang and danced. (Athen. xiv. p. 631.) 

The instrument commonly used in connection 
with the Doric choral poetry was the cithara. In 
the Pyrrhic dance, however, the flute was em- 
ployed. (Muller, Dor. iv. 6. § 7, Hist. Gr. Lit. 
p. 161.) In the hyporchematic performances at 
Delos, described by Lucian (de Salt. 6), both the 
cithara and the flute were used. Archilochus 
speaks of the flute as an accompaniment to the 
Lesbian paean (ap. Athen. v. p. 180). It is not, 
therefore, quite correct to say that wherever we 
find the flute employed, we have not a proper 
chorus but a comus. (Comp. Bode, vol. ii. part i. pp. 
47, 208.) Thaletas, who introduced the Phrygian 
style, probably made use of the flute as well as 
the cithara. It was in connection with the hy- 



CHORUS. 

porcheme that flute music was first introduced into 
the worship of Apollo. (Bode, vol. ii. part ii. pp. 13, 
16, 17, 33, 34, 244.) For the kw/jlos, however, 
which was a mirthful and irregular procession, in 
which those who took part in it both sang and 
danced (as in the kw/ios part of the marriage pro- 
cession described by Hesiod, Shield of Here. 281, 
&c), the flute was the regular instrument 

A great impetus was given to choral poetry by 
its application to the dithyramb. This ancient 
Bacclianalian performance, the origin of which is 
at any rate earlier than Archilochus, who in one of 
the fragments of his poetry, says that " he knows 
how to lead off the dithyramb, the beautiful song 
of Dionysus, when his mind is inflamed with wine" 
(Athen. xiv. p. G28), seems to have been a hymn 
sung by one or more of a (ti^os, or irregular band 
of revellers, to the music of the flute. Arion was 
the first who gave a regular choral, or antistrophic 
form to the dithyramb. This improvement was 
introduced at Corinth. (Herod, i. 24 ; Pindar, 01. 
xiii. 18 or 25, with the notes of the commenta- 
tors.) The choruses, which ordinarily consisted 
of fifty men or youths (Simonides, Epiyr. 58, Br. ; 
Tzetzcs, proleg. ad Lycophr. voL i. p. 251, cd. 
Miillcr), danced in a ring round the altar of 
Dionysus. Hence they were termed cyclic choruses 
(kvkAioi X°P°' l )i Bud dithyrambic poets were un- 
derstood by the term Ki»cAio5iSd<TKoAoi. This also 
explains the name Cyclcus, given to the father of 
Arion (MUller, Hist! Or. Lit. p. 204). With the 
introduction of a regular choral character, Arion 
al«o substituted the cithara for the flute. The 
statement that he was the inventor of the tragic 
style (Tparyiiebi -rpoVos), means probably that he 
introduced dithyrambs of a gloomy character, 
having for their subject the sorrows of Dionysus, 
as well as the more gay and joyous song (MUller, 
I.e. pp.204, 'I'M)). Anon is also said to have been 
the first to introduce into these choruses satyrs 
speaking in verse. Lasus, of Hermione, gave a 
freer form to the dithyramb, by divesting it of its 
antistrophic character, and set the example of in- 
troducing the dithyrambic style into compositions 
not immediately connected with the worship of 
Dionysus. He also united with the representation 
of the dithyramb taunting jests. It was through 
him that dithyrambic contests were introduced 
at Athens, at which the prize for the successful 
poet was a tripos, and for the chorus a bull. (See 
the epitaph on Simonides, AntluJ. I'al. vi. 213, 
Fr. p. 190, cd. Jacobs ; Schol. ad Arutoph. Ran. 
300, I'esp. 1401!.) The dance of the cyclic chorus 
was the Dionysiac variety of the Pyrrhic (Aris- 
toph. Ac. 153; Athen. xiv. p. 631,8.). In the 
time of Simonides, through the innovations of La- 
sus, Crcxus, Phrynis, and others, the citharaedic 
character which Arion had given to the dithy- 
ramb had passed into the auloedic. As the di- 
thyramb Lost its antistrophic character, it became 
more and more thoroughly mimetic or dramatic, 
and as its performance required more than ordinary 
skill, dithyrambs came to be performed by ama- 
teurs (Aristot. ProU. xv. 9, /tint. iii. 9 ; Pint. de. 
Mum. 29. p. 1 141,b. ; Proclus, ap. /'/wt. cod. 239. 
p. 320, ed. Bekkcr ; Bode, ii. part ii. p. 312, &c.) 
K»r ordinary choruses the universal culture of music 
and dancing would make it no ditlicult matter to 
find a chorus. Wealthy mm or tyrants no doubt 
maintained chorcutae, as they maintained poet* 
and musiiians. Poets of distinction would have 



CHORUS. 279 
choreutae attached to them. There were also pro- 
fessed chorus-trainers, whose services were in re- 
quisition when the poet was unable to drill the 
chorus himself, and these often had a body of 
choreutae attached to them. The recitation of 
Pindar's second Isthmian ode was undertaken in 
this way by Nicesippus, with an Agrigentine 
chorus. The sixth Olympian ode was undertaken 
by Aeneas, a Boeotian, with a trained chorus 
which he brought with him (Schol. ad Pind. 
hihm. ii. 6, Olymp. vi. 148). Most of Pindar's 
epinicia were comus-songs, though not all (Bode, 
ii. 2. p. 255 — 257), and the comuses which sang 
them must frequently have been of a somewhat 
artificial construction. 

Respecting the mode in which tragedy was de- 
veloped from the dithyramb, and the functions of 
the chorus in tragedy, the reader is referred to 
the article Trauoedia. 

From the time of Sophocles onwards the regular 
number of the chorus in a tragedy was 15. (Schol. 
ad Aristoph. Equit. 586, Ac. 298 ; Pollux, iv. 
108.) The account given by Suidas (s. e. 2o<po- 
kAtjs), that Sophocles raised the number from 
12 to 15 is deserving of attention, thouch there are 
great difficulties connected with it. Pollux (iv. 
1 1 0) has an absurd story that the number of the 
chorus was 50 before the representation of the Eu 
menides of Aeschylus, and that the number was 
then reduced by a law on account of the terror pro- 
duced by the appearance of the 50 Eumenides. It 
seems scarcely possible to arrive at any definite con- 
clusion with regard to the number of the chorus in 
the early dramas of Aeschylus. The fact that the 
number of the dithyrambic chorus was 50, and 
that the mythological number of the Oceanides 
and Danaides was the same, tempts one to suppose 
that the chorus in the Prometheus and the Sup- 
plies consisted of 50. Most writers, however, 
agree in thinking that such a number was ti n 
large to have been employed (Wclcker, Aeschyl. 
Triloriie, p. 27, &c. ; Hermann, Dissert, de Clioro 
Eumen. i. and ii. Opusc. vol. ii.) Muller (Dis- 
sertations on lite Eumenides of Aeschylus, I. A. ; 
Hist, of Or. Lit. p. 300) propounds the theory 
that the dithyrambic chorus of 50, when trans- 
ferred to tragedy, was reduced to 48, and that a 
chorus of that number was assigned to the poet 
for four plays, the trilogy and the satyric drama, 
and was subdivided into sections of 12, each of 
which was the chorns for one play. In support 
of this he endeavours to point out instances of 
choruses of this number being found in Aeschylus, 
as that in the Agamemnon, which re-appears as 
the Areopagites in the Kumenides, and that in 
the Persae. But the insufficiency of the evidence 
brought forward to establish this has been satis- 
factorily pointed out by Hermann in his renew of 
Miiller's edition of the Kumenides (Opu*c. vol. 
vi.). The idea that the chorus of the Eumenides con- 
sisted of three (Blumfield, I'rmf. ad AeseJi. J'ers.), 
has met with very little favour among German 
scholars, though tin- arguments brought against it 
are not all of the moat convincing kind, and it is 
t» lie borne iii mind that the introduction of tho 
:\ri-»|i.igite.<i, \c. into tin- play, would render the 
fewness of such a chorus less striking than would 
otherwise have been the cane. The later chorus 
of 15 was the only one that the grammarians 
knew any thing about. It was arranged in a 
quadrangular form (T«Tpdy&ji'o>, Ktyjn. Magn. t. v. 
T 4 



280 



CHORUS. 



CHRONOLOGIA. 



TpayqiSia ; Villoison's Anecdota, ii. p. 178), in rank 
(firya) and file {arlxoi, <tto<xoi). It entered 
the theatre by the passage to the right of the 
spectators [Theatrum]. When it entered three 
abreast it was said to come in Kara £t/7<j, when 
five abreast, Kara aroixovs (Pollux, iv. 108). Its 
entrance was termed irdpoSos ■ its leaving the stage 
in the course of the play /j.eTd(TTa<ris ; its re- 
entrance iiriirdpob'os • its exit dfioSos. (In the 
Eumenides the chorus entered in an irregular 
manner <rwopdSi]p.) As it entered in three lines, 
with the spectators on its left, the stage on its 
right, the middle choreutes of the left row (rpiros 
api<TTfpov) was the Coryphaeus or Hegemon, who 
in early times at least was not unfrequently the 
choragus himself. (Athen. xiv. p. 633 ; Suid. 
s. v. xopzyds.) When they had taken their sta- 
tions in this order,* the row nearest to the specta- 
tors bore the name dpiaTzpomaTai, that towards 
the stage Se^ioaTOTa;, and the middle row \avpoa- 
rdrai. The choreutae at the ends, farthest from 
the Coryphaeus, were called Kpacnr^lTai. These 
places were also called vttok6k-kiov tov xop "- 
(Pollux, ii. 161, iv. 107; Photius, p. 210, ed. 
Bekker ; Plut. Symp. v. 5. p. 678, d. ; Hesych. 
s. vv.) Muller arranges them so that the Cory- 
phaeus stands upon the Thymele, or at least upon 
the steps of it (Eumen. Dissert.), and so conversed 
with the actors over the heads of the chorus. Her- 
mann {Rev. of Mullens Eumen. Opusc. vol. vi. 
p. 143, &c.) denies this, and infers from the ac- 
counts of Vitruvius and other ancient authorities 
that the chorus took its station and performed its 
evolutions upon a platform one or two feet lower 
than the stage, and reaching from the stage to the 
Thymele which stood in the middle of the entire 
space called Kov'io-rpa. On the steps of the Thy- 
mele, and therefore below the opxyrrpa, properly 
so called, were stationed the musicians and cer- 
tain police-officers to keep order. Of course the 
positions first taken up by the choreutae were only 
retained till they commenced their evolutions. To 
guide them in these, lines were marked upon the 
boards with which the orchestra was floored. The 
flute as well as the cithara was used as an accom- 
paniment to the choric songs. The dance of the 
tragic chorus was called ififieAeta, answering to 
the gymnopaedic dance of the Dorian choruses 
(Athen. I. c). 

The ordinary number of the chorus in a comedy 
was 24 (SchoL ad Arist. Av. 298, Acharn. 210, 
Equit. 586 ; Pollux, iv. 109 ; Tzetzes, proleg. ad 
Lycophr. p. 1). Like the tragic chorus it was 
arranged in a quadrangular form, and entered the 
orchestra from opposite sides, according as it was 
supposed to come from the city or from the 
country. It consisted sometimes half of male and 
half of female choreutae. It seems to be a mis- 
take of the scholiast on Aristophanes {Equit. 1. 
586) that in such cases the former were 13, the 
latter 11 in number. At least in the Birds of 
Aristophanes the chorus consists of 12 male and 
12 female birds. (297—304.) The dance of the 
comic chorus was the K((pSa|, which answered 
to the Hyporchematic style of the Doric chonis. 
In the Satyric drama the chorus consisted of Sa- 
tyrs. Of how many it consisted cannot be deter- 
mined with any certainty. Its dance was called 
c'iKwvis. It answered to the Pyrrhic. (Athen. i. 
p. 20, xiv. p. 630.) 

When a poet intended to bring forward a play, 



he had to apply for a chorus (x°P ov alretv) to the 
archons, to the king archon if the play was to be 
brought forward at the Lenaea, to the archon 
eponymus if at the great Dionysia. If the play 
were thought to deserve it, he received a chorus 
(xopbv Ka/xSdveiy), the expenses of which were 
borne by a choregus [Choregus]. The poet 
then either trained (SiSocr/ceii') the chorus himself, 
which Aeschylus often did (Athen. i. p. 21), or 
entrusted that business to a professed chorus trainer 
(xopoSiSatrfcaAos), who usually had an assistant 
(u7roSi3a(TKaAos, Pollux, iv. 106). For training 
the chorus in its evolutions there was also an 
opxrio-roStSda-KaXos. The chorus in comedies at 
first consisted of amateurs (tdthovTal, Arist. 
Pott. 5). [C P. M.] 

CHOUS (x°*"s> X°" s )i a Greek liquid measure 
which is stated by all the authorities to be equal 
to the Roman congius, and to contain six £4aTcu 
or sextarii, nearly 6 pints English. Suidas alone 
makes a distinction between the x°" s ar >d the 
X"eus, making the former equal to two sextarii, 
and the latter equal to six. Now when we re- 
member that the x°^ s was commonly used as a 
drinking vessel at Athenian entertainments (Ari- 
stoph. Acharn. v. 1086), that on the day of the 
Xoes [Dionysia], a prize was given to the person 
who first drank off his x°" s ) ail< l that Milo of 
Croton is said to have drunk three x^ es of wine 
at a draught, it is incredible that in these cases 
the large x°" s mentioned above could be meant. 
It seems, therefore, probable that there was also a 
smaller measure of the same name, containing, as 
Suidas states, two sextarii, or nearly 2 pints Eng- 
lish. At first it was most likely the common 
name for a drinking vessel. According to Crates 
(Ap. Athen. xi. p. 496), the x°" s had originally a 
similar form to the Panathenaic amphorae, and was 
also called tts\Ikt\. (Pollux, x. 73 ; Wurm, De 
Pond. Mens. &c, pp. 127, 136, 141, 198 ; Hussey, 
Ancient Weights, &c. p. 211—213.) [P. S.] 

CHREOUS DIKE {xpiovs 8i'mj), a simple 
action for debt, was, like most of the other cases 
arising upon an alleged breach of contract, referred 
to the jurisdiction of the thesmothetae, when the 
sum in question amounted to more than ten 
drachmae. If otherwise, it fell under the cogni- 
zance of those itinerant magistrates, who were 
originally thirty in number, and styled accordingly 
oi Tpii.Kovra: but afterwards, in consequence of 
the odium attaching to this name, which had also 
served to designate the oligarchic tyrants, received 
an accession of ten colleagues and a corresponding 
change of title. (Pollux, viii. 100.) If the cause 
could be classed among the e/i/rnvoi 8'ikcu, as, for 
instance, when the debt arose upon a mercantile 
transaction, the thesmothetae would still have 
jurisdiction in it, though one of the parties to the 
suit were an alien, otherwise it seems that when 
such a person was the defendant, it was brought 
into the court of the polemarch. (Meier, Att. 
Proc. p. 55.) If the cause were treated as a 
Sikt) 'Efiiropmit, as above mentioned, the plaintiff 
would forfeit a sixth part of the sum contested, 
upon failing to obtain the votes of one-fifth of the 
dicasts (Suid. s. v. 'EircoSeAia) ; but we are not 
informed whether this regulation w~as applicable, 
under similar circumstances, in all prosecutions for 
debt. The speech of Demosthenes against Timo- 
theus was made in a cause of this kind. [J.S. M.] 

CHRONOLO'GIA (xP oyo ^°7 la )) ' s the science 



CHRONOLOGIA. 



CHROXOLOGIA. 



281 



by which time is measured according to the courses 
of the stars, and more especially of the sun and 
moon ; but in the more limited sense in which 
we have to treat of chronology here, it is a part 
of history, and teaches us to assign each historical 
event to the date to which it belongs. The reduc- 
tion of any given date in antiquity to the cor- 
responding year, month, or day, in our modern 
computation of time, is sometimes a matter of 
great difficulty, and often of absolute impossi- 
bility ; for nearly all the nations of antiquity be- 
gan their year at a ditferent time, some used solar 
and other lunar years, and others again a com- 
bination of the two ; nearly all, moreover, had 
different eras, that is, points of time from which 
subsequent and preceding years are counted ; and 
in addition to this there occur a great many 
changes and fluctuations in one and the same 
nation ; and the historians whose works have come 
down to us, are not always very precise in mark- 
ing the time to which the events belong, so that 
wc must have recourse to all manner of combina- 
tions, or are left to conjectures. 

For the manner in which the Greeks and Ro- 
mans calculated their years and months we refer 
to the article CaLENDABIUM, and we shall here 
confine ourselves to an account of the manner in 
which those nations calculated and stated the 
events of their history. The Greeks reckoned 
their years generally according to their magis- 
trates, in the early times according to the years of 
the reign of their kings, and afterwards according 
to their annual magistrates. At Athens the year was 
called by the name of one of the nine archons, who 
from this circumstance was called ipx<iv iirwwfiot 
or the archon par excellence ; and at Sparta the 
years were called after one of the five cphors, who 
for this reason was likewise termed inui/vnos. 
(Thucyd. ii. 2 ; Xcnoph. Anab. ii. 3. § 10 ; Polyb. 
xii. 12 ; Paus. iii. 11. § 2.) But the years of the 
Athenian archons and the Spartan cphors, coin- 
ciding with the civil year in those states, did not 
coincide with each other, for the cphors entered 
upon their office in the Attic month of Boedro- 
mion, while the archons originally entered upon 
theirs in the beginning of Gamclion, and ever 
iincc the year B. c. 490, at the beginning of He- 
catombacon. In Argos time was counted accord- 
ing to the years of the high priestess of Hem, who 
held her office for life (fipttris ; Thucyd. ii. 2 ; 
Suid. i. v. 'HptaiSts) • and the inhabitants of F,li» 
probably reckoned according to the Olympic games, 
which were celebrated every fifth year during the 
first full moon which followed after the summer 
solstice. In this manner every Greek state or city 
calculated time according to its own peculiar or local 
era, and there was no era which was used by all 
the Greeks in common for the ordinary purposes of 
life. Historians, therefore, down to the middle of 
the third century B. c, frequently made use of the 
Bvcrnge age attained by men, in order to fix the 
time in a manner intelligible to all Greeks. The 
average age attained by man (ytvta, aetai), is 
calculated by Herodotus (vi. 9D) nt 33J years. 
Timaeus, who flourished about B. C 2C0, was the 
first historian who counted the years by Olym- 
piads, each of which contained four years. The 
beginning of the Olympiads is commonly fixed in 
the year .'Willi of the Julian period, or in ». C. 776. 
If we want to reduce any given Olympiad to years 
before Christ, c. g. 01. 87, we take the number of 



the Olympiads actually elapsed, that is, 86, mul- 
tiply it by 4, and deduct the number obtained 
from 770, so that the first year of the 87th 01. 
will be the same as the year 432 a. c. If the 
number of Olympiads amounts to more than 776 
years, that is, if the Olympiad falls after the birth 
of Christ, the process is the same as before, but 
from the sum obtained by multiplying the Olym- 
piads by 4, we must deduct the number 776, and 
what remains is the number of the years alter 
Christ. This calculation according to Olympiads, 
however, does not seem to have been ever applied 
to the ordinary business of life, but to have been 
confined to literature, and more especially to his- 
tory. Some writers also adopted the Trojan era, 
the fall of Troy being placed by Eratosthenes and 
those who adopted this era, in the year B. C 1 1 84. 
After the time of Alexander the Great, several 
other eras were introduced in the kingdoms that 
arose out of his empire. The first was the Philip- 
pic era, sometimes also called the era of Alexander 
or the era of Edessa ; it began on the 12th of No- 
vember B. c. 324, the date of the accession of 
Philip Arrhidaeus. The second was the era of the 
Seleucidae, beginning on the 1st of October B. c. 
312, the date of the victory of Seleucus Nicator at 
Gaza, and of his re-conquest of Babylonia. This 
era was used very extensively in the East. The 
Chaldaean era differed from it only by six months, 
beginning in the spring of B.C. 311. Lastly, the 
eras of Antioch, of which there were three, but 
the one most commonly used began in Novem- 
ber B. c. 49. In Europe none was so generally 
adopted, at least in literature, as the era of the 
Olympiads ; and as the Olympic games were cele- 
brated 293 times, we have 293 Olympic cycles, 
that is, 1172 years, 776 of which fall before, and 
396 after Christ. But when the Greeks adopted 
Christianity, they probably ceased to reckon by 
Olympiads, and adopted the Julian year. (Cor- 
sini, J-'asli Attici, Florence, 1744 — 56, 4 vols. 4to. j 
Idelcr, Ilundbueh der matliem. und techniscli. Chro- 
nol. Berlin, 1 825, 2 vols. Ilvo. ; Clinton, Fasti Hcl- 
tenici, Oxford, 1830—11134, 3 vols. 8vo.) 

The Romans in the earliest times counted their 
years by their highest magistrates, and from the 
time of the republic according to their consuls, 
whose names were registered in the Fasti. This 
era, which may be termed the acra conmlaru, 
however did not begin at all times at the same 
point, for in the earliest times of the republic, the 
consuls entered upon their office on the calendae 
of Sextilis, at the time of the decemvirate on the 
ides of May, afterwards on the ides of December, 
and at a still later time on the ides of March, 
until in B.C. 153 the consuls began regularly to enter 
upon their office on the 1st of January. This con- 
stant shifting was undoubtedly one of the causes 
that produced the confusion in the consular era, of 
which Livy (ii. Ill, 21, dec) complains. The con- 
sular era was the one commonly used by the 
Romans for all practical purposes, the date of an 
event being marked by the names of the consuls, 
in whose year of other it had happened. But 
along with this era then- existed another, which 
as it was never introduced into the affairs of com- 
mon life, anil was used only by the historians, 
may be termed the historical era. It reckoned the 
years from the foundation of the city {alt url/r n,n- 
dita) ; but the year of the foundation of the city 
was a question of uncertainty among the Romans 



282 



CHTHONIA. 



CIPPUS. 



themselves. M. Terentius Varro placed it on the 
21st of April in the third year of the 6th Olym- 
piad, that is, B.C. 753. (Plut. Rom. 12 ; Dionys. 

i. 88 ; Cic. De Div. ii. 47 ; Veil. Pat. i. 8 ; Cen- 
sorin. De Die Nat. 1 7.) This era was adopted by 
Velleius Paterculus, Pliny, Tacitus, A. Gellius, 
Dion Cassius, Eutropius, and others. Next to 
the Varronian era, the most celebrated was that 
of M. Porcius Cato, who placed the foundation of 
Rome in the first year of the 7th Olympiad, or 
in the spring of B. c. 752. (Dionys. i. 74 ; Syncell. 
Chronog. p. 194, a.) The date fixed upon in the 
aera Capitolina (so called from the Fasti Capi- 
tolini), by Polybius (Dionys. I. c. ; Cic. De Rep. 

ii. 10) and Cornelius Nepos, was one year later ; 
Q. Fabius Pictor placed the foundation in the first 
year of the 8th Olympiad, i. e. 747 B. c. (Dionys. 
I. c), and Cincius Alimentus even placed it in the 
fourth year of the 12th Olympiad, i. e. B.C. 729. 
Ennius, on the other hand, placed the building of 
Rome about 100 or 110 years earlier than most 
other writers (Varro, De Re Rust. iii. 1) ; and 
Timaeus went so far as to regard the foundation 
of Rome contemporaneous with that of Carthage, 
placing it 38 years before the first Olympiad. 
But no reliance can be placed on any of these 
statements ; as however it is necessary to have one 
point to start from, the Varronian era has been 
most commonly adopted by modern writers. (Comp. 
Fischer, Romische Zeittafeln, p. 4, &c.) [L. S.] 

CHRYSE'NDETA, costly chased dishes used 
by the Romans at their entertainments. They are 
mentioned several times by Martial (ii. 43, 11, vi. 
94, xiv. 97), and from the epithet flava which he 
applies to them, as well as from the etymology 
of the name, they appear to have been of silver, 
with golden ornaments. Cicero ( Verr. iv. 21 — 23) 
mentions vessels of this kind. He calls their 
golden ornaments in general sigilla, but again dis- 
tinguishes them as crustae and emblemata (c. 23) ; 
the former were probably embossed figures or 
chasings fixed on to the silver, so that they could 
be removed and transferred to other vessels, and 
the latter inlaid or wrought into it (comp. c. 24 : 
Ilia, ex patellis et turibulis quae vellerat, ita scite in 
aureis poculis illigabat, ita apte in scypliis aureis 
jncludebat, &c). The embossed work appears to 
be referred to by Paullus (cymbia argenteis crustis 
illigata, Dig. 34. tit. 2. s. 33), and the inlaid orna- 
ments by Seneca (argentum, in quod solidi auri 
caelatura descenderit, Ep. v.). [Comp. Caela- 

TURA.] [P. S.] 

CRYSOA'SPIDES. [Argyraspides.] 
CHRYSOUS (xpvtrom). [Aurum.] 
CHTHO'NIA (x0oW), a festival celebrated 
at Hermione in honour of Demeter, surnamed 
Chthonia. The following is the description of it 
given by Pausanias (ii. 35. § 4, &c.) : — " The in- 
habitants of Hermione celebrate the Chthonia 
every year, in summer, in this manner : — They 
form a procession, headed by the priests and ma- 
gistrates of the year, who are followed by men 
and women. Even for children it is customary to 
pay homage to the goddess by joining the proces- 
sion. They wear white garments, and on their 
heads they have chaplets of flowers, which they 
call Koafioo'dvSa\oi, which, however, from their 
size and colour, as well as from the letters in- 
scribed on them recording the premature death of 
Hyacinthus, seem to me to be hyacinths. Behind 
the procession there follow persons leading by 



strings an untamed heifer just taken from the herd, 
and drag it into the temple, where four old women 
perform the sacrifice, one of them cutting the 
animal's throat with a scythe. The doors of the 
temple, which during this sacrifice had been shut, 
are thrown open, and persons especially appointed 
for the purpose, lead in a second heifer, then a 
third and a fourth, all of which are sacrificed by 
the matrons in the manner described. A curious 
circumstance in this solemnity is, that all the 
heifers must fall on the same side on which the 
first fell." The splendour and rich offerings of 
this festival are also mentioned by Aelian (Hist. 
Animal, xi. 4), who, however, makes no mention 
of the matrons of whom Pausanias speaks, but 
says that the sacrifice of the heifers was performed 
by the priestess of Demeter. 

The Lacedaemonians adopted the worship of 
Demeter Chthonia from the Hermioneans, some of 
whose kinsmen had settled in Messenia (Pans. iii. 
14. § 5) ; hence we may infer that they celebrated 
either the same festival as that of the Hermioneans, 
or one similar to it. [L. S.] 

CHYTRA (x^pa)- [Olla.] 

CFDARIS. [Tiara.] 

CILI'CIUM (Sep>s), a hair-cloth. The mate- 
rial of which the Greeks and Romans almost 
universally made this kind of cloth, was the hair 
of goats. The Asiatics made it of camel's-hair. 
Goats were bred for this purpose in the greatest 
abundance, and with the longest hair, in Cilicia ; 
and from this country the Latin name of such 
cloth was derived. Lycia, Phrygia, Spain, and 
Libya also produced the same article. The cloth 
obtained by spinning and weaving goat's-hair was 
nearly black, and was used for the coarse habits 
which sailors and fishermen wore, as it was the 
least subject to be destroyed by being wet ; also 
for horse-cloths, tents, sacks, and bags to hold 
workmen's tools (fabrilia vasa), and for the pur- 
pose of covering military engines and the walls 
and towns of besieged cities, so as to deaden the 
force of the ram, and to preserve the woodwork 
from being set on fire. (Aristot. Hist. Anim. viii. 
28 ; Aelian, xvi. 30 ; Varr. De Re Rust. ii. 11 ; 
Virg. Georg. iii. 312; Avien. Ora Mar. 218 — ■ 
221 ; Veget, Ars Vet. i. 42.) [J. Y.] 

CINCTUS GABI'NUS. [Toga.] 

CI'NGULUM. [Zona.] 

CINERA'RIUS. [Calamistrum.] 

CI'NERES. [Funus.] 

CPNIFLO. [Calamistrum.] 

CIPPUS. 1. A low column, sometimes round, 
but more frequently rectangular, used as a se- 
pulchral monument. (Pers. Sat. i. 36.) Several 
of such cippi are in the Townly collection in the 
British Museum, one of which is given in the 
woodcut annexed. The inscription is to the me- 
mory of Viria Primitiva, the wife of Lucius Virius 
Helius, who died at the age of eighteen years, one 
month, and twenty-four days. Below the tablet, 
a festoon of fruits and flowers is suspended from 
two rams' heads at the corners; and at the lower 
corners are two sphinxes, with a head of Pan in 
the area between them. On several cippi we find 
the letters S. T. T. L., that is, Sit tibi terra levis, 
whence Persius, in the passage already referred 
to, says, Non levior cippus nunc imprimit ossa. It 
was also usual to place on the cippus the extent of 
the burying-ground both along the road (in 
fronte), and backwards to the field (in agrum), 



CIRCINUS. 

and likewise the inscription hoc monumentutn 
heredes non sequitur ; in order that it might not 
pass over to the heredes and be sold by them at 



CIRCUS. 



283 




anv time. (Hor. Sat. i. 8. 12, 13 ; Orelli, Inscrip. 
No. 4379, 4557, &c.) 

2. A boundary-stone set up by the Agrimensores 
to mark the divisions of lands. (Scriptores liei 
Ayr. p. 88, cd. Gocsius.) 

3. A military entrenchment made of the trunks 
of trees and palisades. (Caes. D. G. vii. 73.) 

CIRCENSES LUDI. [Circus.] 
CI'RCINUS (Jiag^TTjj), a compass. The com- 
pass used by statuaries, architects, masons, and 
carpenters, is often represented on the tombs of 
such artificers, together with the other instruments 
of their profession or trade. The annexed wood- 
cut is copied from a tomb found at Rome. (Gruter, 
Corp. Inscrip. t. i. part ii. p. 644.) It exhibits two 
kinds of compasses : viz. the common kind used 




for drawing circles and measuring distances, and 
one with curved legs, probably intended to mea- 
sure the thickness of columns cylindrical pieces of 
wood, or similar objects. The common kind is 
described by the scholiast on Aristophanes (iVuA. 
178), who compares its form to that of the letter A. 
[Sec cut under Norma. J The mycologists sup- 



posed this instrument to have been invented by 
Perdix, who was the nephew of Daedalus, and 
through envy thrown by him over the precipice of 
the Athenian acropolis. (Ovid, Met. viii. 241 — 
251.) Compasses of various forms were discovered 
in a statuary's house at Pompeii. [J. Y.] 

CIRCITO'RES. [Castra.] 

CIRCUMLI'TIO. [Pictira.] 

CIRCUMLU'VIO. [Allivio.] 

C1RCUITORES. [Castra.] 

CIRCUS (lmr6Spoiios), a place for chariot- 
races and horse-races, and in which the Roman 
races (Circenses Lwli) took place. When Tar- 
quinius Priscus had tiken the town of Apiolae 
from the Latins, as related in the early Roman 
legends, he commemorated his success by an ex- 
hibition of races and pugilistic contests in the 
Murcian valley, between the Palatine and Aven- 
tine hills ; around which a number of temporary 
platforms wire erected by the patres and equites, 
called spectacula,fori, or fondi, from their resem- 
blance to the deck of a ship ; each one raising a 
stage for himself, upon which he stood to view the 
games. (Liv. i. 35 ; Festus. s. r. Forum ; Dionys. 
iii. p. 192, &c.) This course, with its surrounding 
scaffoldings, was termed circus ; either because the 
spectators st"od round to see the shows, or because 
the procession and races went round in a circuit. 
(Varr. Lie Ling. Lai. v. 153, 154, ed. Miiller.) 
Previously, however, to the death of Tarquin, a 
permanent building was constructed for the pur- 
pose, with regular tiers of scats in the form of a 
theatre. (Compare Liv. and Dionys. //. cc.) To 
this the name of Circus Maximus was subsequently 
given, as a distinction from the Flaminian and 
other similar buildings, which it surpassed in ex- 
tent and splendour ; and hence, like the Campus 
Martius, it is often spoken of as the Circus, without 
any distinguishing epithet. 

Of the Circus Maximus scarcely a vestige now 
remains, beyond the palpable evidence of the site 
it occupied, and a few masses of rubble-work in a 
circular form, which may be seen under the walls 
of some houses in the Via de' Crrchi, and which 
retain traces of having supported the stone seats 
(Dionys. /. c.) fur the spectators. This loss is for- 
tunately supplied by the remains of a small circus 
on the Via Appia, commonly called the Circus of 
Caracalla, the gruiind-plan of which, together with 
much of the superstructure, remains in a state ol 
considerable preservation The ground-plan of the 
circus in question is represented in the annexed 
woodcut ; and may be safely taken as a model of 
all others, since it agTces in every main feature, 
both of general outline and individual parts, with 
the description of the Circus Maximus given by 
Dionysius (iii. p. 192). 

Around the double lines (A, A) were arranged 
the seats (i/radut, srililia, sulisrllia), as ill a theatre, 
termed collectively the carra ; the lowest of which 
were separated from the ground by a podium, and 
the whole divided longitudinally by pniecinctiimen, 
and diagonally into runri, with their romitnria 
attarhi'd I" '.nil. 'I'o wards the extremity "f the 
upper branch of the mmi, the general outline is 
broken by an outwork ( II), which was probably 
the pulnnar, or station for the emperor, as it is 
placed in the best situation for seeing both the 
commencement and end of the course, and in the 
most prominent part of the circus. (Suet Claud. 4. ) 
ft\ the opposite branch, is observed another in- 



284 



CIRCUS- 



CIRCUS. 




terruption to the unifonn line of seats (C), be- 
tokening also, from its construction, a place of 
distinction ; which might have been assigned to 
the person at whose expense the games were given 
(editor spectaculorum). 

In the centre of the area was a low wall (D) 



running lengthways down the course, which, 
from its resemblance to the position of the dorsal 
bone in the human frame, was termed spina. (Cas- 
siodor. Var. Ep. iii. 51.) It is represented in the 
wood-cut subjoined, taken from an ancient bas- 
relief. 




At each extremity of the spina were placed, 
upon a base (E, E), three wooden cylinders, of a 
conical shape, like cypress trees (meiasque imitata 
cupressus, Ovid, Met. x. 106; compare Plin. H. N. 
xvi. 60), which were called metae — the goals. 
Their situation is distinctly seen in the preceding 
woodcut, but their form is more fully developed in 
the one annexed, copied from a marble in the 
British Museum. 




The most remarkable object upon the spina were 
two columns (F) supporting seven conical balls, 
which, from their resemblance to eggs, were called 
ova. (Varr. DeRe Rust. i. 2. §11; Liv. xli. 27.) 
These are seen in the woodcut representing tne 



spina. Their use was to enable the spectators to 
count the number of rounds which had been run ; 
for which purpose they are said to have been first 
introduced by Agrippa (Dion Cass. xlix. p. 600), 
though Livy (xli. 27) speaks of them long before. 
They are, therefore, seven in number, such being 
the number of the circuits made in each race ; and 
as each round was run, one of the ova was put up 
(Cassiodor. Var. Bp. iii. 51) or taken down, ac- 
cording to Varro (De Re Rust. i. 2. § 11). An egg 
was adopted for this purpose, in honour of Castor 
and Pollux. (Tertull. De Spectac. c. 8.) At the 
other extremity of the spina were two similar 
columns (G), represented also in the woodcut, 
over the second chariot, sustaining seven dolphins, 
termed delphinae, or delphinarum columnae (Juv. 
Sat. vi. 590), which do not appear to have been 
intended to be removed, but only placed there as 
corresponding ornaments to the ova * ; and the 
figure of the dolphin was selected in honour of 
Neptune. (Tertull. I. e.) Some writers suppose 
the columns which supported the ova and delphinae 
to be the phalae or falae, which Juvenal men- 
tions (I. c). But the phalae were not columns, 
but towers, erected as circumstances required, be- 
tween the metae and euripus, or extreme circuit of 
the area, when sham-fights were represented in the 
circus. (Compare Festus, s. v. Phalae; Serv. ad 
Virg. Ae.n. ix. 705.) Besides these, the spina was 
decorated with many other objects, such as obe- 

* In the Lyons mosaic, subsequently noticed in 
the text, the delphinae are represented as fountains 
spouting water ; but in a bas-relief of the Palazzo 
Barberini (Fabretti, Syntagm. de Column. Trajani^ 
p. 144), a ladder is placed against the columns 
which support the dolphins, apparently for the pur- 
pose of ascending to take them up and down. 



CIRCUS. 

lisks, statues, altars, arid temples, which do not 
appear to have had any fixed locality. 

It will be observed in the ground-plan that there 
is a passage between the metae and spina, the ex- 
treme ends of the latter of which are hollowed out 
into a circular recess : and several of the ancient 
sculptures afford similar examples. This might have 
been for performing the sacrifice, or other offices 
of religious worship, with which the games com- 
menced ; particularly as small chapels can still be 
seen under the metae, in which the statues of some 
divinities must have been placed. It was probably 
under the first of these spaces that the altar of the 
god Consus was concealed (Tertull. De Spectac. 
c. 5), which was excavated upon each occasion of 
these games. (Dionys. ii. p. 97.) 

At the extremity of the circus in which the two 
horns of the cavea terminate, were placed the stalls 
for the horses and chariots (H, H), commonly 
called carceres at, and subsequently to, the age of 
Varro : but more anciently the whole line of build- 
ings which confined this end of the circus was 
termed oppidum ; because, with its gates and 
towers, it resembled the walls of a town (Festus, 
*. v. ; Varro, De Ling. Lat. v. 153) ; which is forci- 
bly illustrated by the circus under consideration, 
where the two towers (I, I) at each end of the 
carceres are still standing. The number of carceres 
is supposed to have been usually twelve (Cassiodor. 
Var. Ep. iii. 51), as they are in this plan ; but in 
the mosaic discovered at Lyons, and published by 
Artaud (Description d'un Mo/aique, 4tc Lyon, 
1 806), there are only eight.* They were vaults, 
closed in front by gates of open wood-work 
(cancdli), which were opened simultaneously upon 
the signal being given (Dionys. iii. p. 192; Cas- 
siodor. I.e. ; compare Sil. I tab xvL 316), by re- 
moving a rope (vo~ir\rryi, Di nys. I.e. ; compare 
Schol. ail Thrirr. Tdyl. viii. 57) attached to pilas- 
ters of the kind called Ilermae, placed for that pur- 
pose between each stall ; upon which the gales 
were immediately thrown open by a number of men, 
probably the armentnrii, as represented in the an- 
nexed woodcut, taken from a very curious marble 
in the Museo Borgiano, at Vclletri ; which also 
represents most of the other peculiarities above- 
mentioned as appertaining to the carceres. 



CIRCUS. 



2U5 




In the mosaic of Lyons the man is represented 
apparently in the Oct of letting go the rape 
(li<Tw\-nyl) in the manner described by Dinnysiiis 
(/. r. ). The cut below, which is from a marble in 
the Ilritish Museum, represents a set of four carceres, 
with their Ilermae, and canrrlli open, as left after 

* This mosaic has several peculiarities. Most 
of the objects are double. There is n double set 
of nra anil ililjiUumr, one of each sort at eai Ii end 
of the sjiina — and eight chariots, that is a double 
let, for each colour, are inserted. 




the chariots had started ; in which the gates are 
made to open inwards. 

The preceding account and woodcuts will be 
sufficient to explain the meaning of the various 
words by which the carceres were designated in 
poetical language, namely, claustra (Stilt Theb. vi. 
399 ; Hor. Epist. i. 1 4. 9), crifpta (Sidon. Carm. 
xxiii. 319), fauces (Cassiodor. Var. Epist. iii. 51), 
ostia (Auson. Epist. xviii. 1 1 ). fores carcans (Ovid, 
Trist.v. 9. 29), repagula (Ovid, Met. ii. 155 ; Sil. 
Ital. xvi. 318), limina equorum (Id. xvi. 317). 

It will not fail to be observed that the line of 
the carceres is not at a right angle with the spina, 
but forms the segment of a circle, the centre of 
which is a point on the right hand of the arena ; the 
reason for which is obviously that all the chariots 
might have, as nearly as possible, an equal dis- 
tance to pass over between the carceres and mouth 
of the course. Moreover, the two sides of the 
circus are not parallel to each other, nor the spina 
to cither of them ; but they are so planned that 
the course diminishes gradually from the mouth at 
(J), until it reaches the corresponding line at the 
opposite side of the spina (K), where it is narrower 
by thirty-two feet. This might have proceeded 
from economy, or be necessary in the present in- 
stance on account of the limited extent of the circus; 
for as all the four, or six, chariots would enter the 
mouth of the course nearly abreast, the greatest 
width would be required at that spot ; but as they 
got down the course, and one or more took the lead, 
the same width would be no longer necessary. 

The carceres were divided into two sets of six 
each, accurately described by Cassiodonis (/. c.) as 
bissena ostia, by an entrance in the centre (L), 
called jmrta pomjiae ; because it was the one 
through which the Circensinn procession entered, 
and which, it is inferred from a passage in 
Ausonius (Epist. xviii. 12), was always open, 
forming a thoroughfare through the circus. Be- 
sides this entrance, there were four others, two at 
the termination of the seats between the eanu and 
the oppidum (M, M), another at (N), and the 
fourth at (O), under the vault of which the fresco 
decorations are still visible. This is supposed to be 
the Porta Triuinjihalis, to which its situation seems 
adapted. One of the others was the I'nrta l.ibi- 
tinrnsis (Lnmprid. C'ommod. 16), so called because 
it was the one through which the dead bodies of 
those killed in the games were carried out. (Dion 
Cass, lxxii. p. 1222.) 

Such v.er.- the general features of a i ir<-it«, as 
far as regards the interior of the fabric. The area 
had also its divisions appropriated to particular 
purposes, with a nomenclature of its own attached 
to each. The space immediately before the nppi- 
ilum was termed cirrus primus ; that near the tnrtu 
prima, cirrus interior or intimus (Varr. I)r Una. 
hit. v. 151), which Intter spot, in the Circus 
Maximus, was also termed ad Murcim, or id 



286 



CIRCUS. 



CIRCUS. 



Murciam, from the altar of Venus Murtia, or 
Murcia, placed there. (Compare Apuleius, Met. vi. 
p. 395, ed. Oudendorp ; Tertull. de Spectac. 8 ; 
Miiller, ad Varron. I. c.) The term arena belongs 
to an amphitheatre ; and it is therefore probable 
that it was applied in the circus to the large open 
space between the carceres and prima meta, when 
the circus was used for the exhibition of athletic 
games, for which the locality seems best adapted ; 
but in Silius Italicus (xvi. 415) it is put for the part 
down the spina. When the circus was used for 
racing, the course was termed spatium (Juv. Sat. 
vi. 582) or spatia, because the match included more 
than one circuit. (Virg. Aen. v. 316, 325, 327, 
Georg. i. 513 ; Stat. Tkeb. vi. 594 ; Hor. Epist. i. 
14. 9 ; compare Sil. Ital. xvi. 336.) It is also called 
campus (Sil. xvi. 391), and poetically aequor (Id. 
414). 

At the entrance of the course, exactly in the 
direction of the line (J, K), were two small pe- 
destals (hermuli) on each side of the podium, to 
which was attached a chalked rope (alba linea, 
Cassiodor. I.e.), for the purpose of making the 
start fair, precisely as is practised at Rome for the 
horse-races during Carneval. Thus, when the 
doors of the carceres were thrown open, if any of 
the horses rushed out before the others, they were 
brought up by this rope until the whole were fairly 
abreast, when it was loosened from one side, and 
all poured into the course at once. In the Lyons 
mosaic the alba linea is distinctly traced at the 
spot just mentioned, and one of the chariots is 
observed to be upset at the very place, whilst the 
others pursue their course. The writer has often 
seen the same accident happen at Rome, when an 
over-eager horse rushes against the rope and gets 
thrown down. This line, for an obvious reason 
(Plin. H. N. xxxv. 58), was also called calx, and 
creta (Cic. de Am. 27 ; Senec. Epist. 108), from 
whence comes the allusion of Persius (Sat. v. 177), 
cretata ambitio. The metae served only to regulate 
the turnings of the course, the alba linea answered 
to the starting and winning post of modern days — 
"peracto legitimo cursu ad cretam stetere." (Plin. 
H. N. viii. 65 ; and compare xxxv. 58.) Hence 
the metaphor of Cicero (Senect. 23), " quasi decurso 
spatio ad carceres a calce revocan ;" and of Horace 
(Epist. i. 16. 79), "mors ultima linea rerum." 
(Comp. Lucret. vi. 92.) 

From this description the Circus Maximus dif- 
fered little, except in size and magnificence of em- 
bellishment. But as it was used for hunting wild 
beasts, Julius Caesar drew a canal called Euripus, 
ten feet wide, around the bottom of the podium, to 
protect the spectators who sat there (Dionys. iii. 
p. 192 ; Suet. Jul. 39), which was removed by 
Nero (Plin. H. N. viii. 7), but subsequently re- 
stored by other princes. (Lamprid. Heliogab. 23.) 
It possessed also another variety in three open 
galleries, or balconies, at the circular end, called 
meniana or maeniana. (Suet. Col. 18.) The num- 
bers which the Circus Maximus was capable of 
containing, are computed at 1 50,000 by Dionysius 
(iii. p. 192), 260,000 by Pliny (//. N. xxxvi. 24. 
§ 1), and 385,000 by P. Victor (Regio xi.), all of 
which are probably correct, but have reference to 
different periods of its history. Its very great ex- 
tent is indicated by Juvenal (Sat xi. 195). Its 
length, in the time of Julius Caesar, was three 
stadia, the width one, and the depth of the build- 
*ngs occupied half a stadium (Plin. I. c), which is 



included in the measurements given by Dionysius 
(iii. p. 192), and thus exactly accounts for the 
variation in his computation. 

When the Circus Maximus was permanently 
formed by Tarquinius Priscus, each of the thirty 
curiae had a particular place assigned to it (Dionys. 
iii. p. 1 92) ; but as the plebeians had no right to a 
seat in this circus, the Circus Flaminius was after- 
wards built for their games. (Comp. Niebuhr, Hist. 
ofRome,vol. i. p. 362, vol. ii. p. 360.) Of course, in 
the latter days of the republic, when the distinction 
between patricians and plebeians had practically 
ceased to exist, the plebeians sat in the Circus 
Maximus. (Suet. A ug. 44.) The seats were then 
marked off at intervals by a line or groove drawn 
across them (linea), so that the space included be- 
tween two lines afforded sitting room for a certain 
number of spectators. Hence the allusion of Ovid 
(Amor. iii. 2. 19) : — 

Quid frustra refugis ? cogit nos linea jungi. 
(Compare Ovid. Art. Amat. i. 141..) As the seats 
were hard and high, the women made use of a 
cushion (pulvinus), and a footstool (scamnum, sca- 
bellum, Ovid. Art. Amat. i. 160, 162), for which 
purpose the railing which ran along the upper edge 
of each praecinctio was used by those who sat im- 
mediately above it. (Ovid. Amor. iii. 2. 64.) But 
under the emperors, when it became necessary to 
give an adventitious rank to the upper classes by 
privileges and distinctions, Augustus first, then 
Claudius, and finally Nero and Domitian, separated 
the senators and equites from the common people. 
(Suet. Aug. 44, Claud. 21, Nero, 11, Domit. 8.) 
The seat of the emperor— pulvinar (Suet. Aug. 44, 
Claud. 4), cubiculum (Id. Nero, 12), was most 
likely in the same situation in the Circus Maximus, 
as in the one above described. It was generally 
upon the podium, unless when he presided himself, 
which was not always the case (Suet. Nero, I. c.) ; 
but then he occupied the elevated tribunal of the 
president (suggestus), over the porta pompae. The 
consuls and other dignitaries sat above the carceres 
(Sidon. Carm. xxiii. 317), indications of which 
seats are seen in the woodcut on page 285, a. 
The rest of the oppidum was probably occupied by 
the musicians and persons who formed part of the 
pompa. 

The exterior of the Circus Maximus was sur- 
rounded by a portico one story high, above which 
were shops for those who sold refreshments. 
(Dionys. iii. p. 192.) Within the portico were 
ranges of dark vaults, which supported the seats 
of the cavea. These were let out to women of the 
town. (Juv. Sat. iii. 65 ; Lamprid. Heliogab. 26.) 

The Circensian games (Ludi Circenses) were first 
instituted by Romulus, according to the legends, 
when he wished to attract the Sabine population to 
Rome, for the purpose of furnishing his own people 
with wives (Val. Max. ii. 4. § 3), and were cele- 
brated in honour of the god Consus, or Neptunus 
Equestris, from whom they were styled Consuales. 
(Liv. i. 9.) But after the construction of the 
Circus Maximus, they were called indiscriminately 
Circenses (Servius, ad Virg. Georg. iii. 18), Romani, 
or Magni. (Liv. i. 35.) They embraced six kinds 
of games: — I. Cursus ; II. Ludus Trojae ; 
III. Pugna Equestris ; IV. Certamen Gym- 
nicum ; V. Venatio ; VI. Naumachia. The 
two last were not peculiar to the circus, but were 
exhibited also in the amphitheatre, or in buildings 
appropriated for them. 



CIRCUS. 



CIRCUS. 



287 



The games commenced with a grand procession 
{Pompa Circensis), in which all those who were 
about to exhibit in the circus, as well as percons of 
distinction, bore a part. The statues of the gods 
formed the most conspicuous feature in the show, 
which were paraded upon wooden platforms, called 
ferada and thensae. (Suet. Jul. 76.) The former 
were bome upon the shoulders, as the statues of 
saints are carried in modern processions (Cic. de 
Off. i. 36) ; the latter drawn along upon wheels, 
and hence the Ihensa which bore the statue of 
Jupiter is termed Jovis plaustrum by Tertullian 
(De Spectac. 7), and Aiis ox>>s, by Dion Cassius 
(p. 608). The former were for painted images, or 
those of light material ; the latter for the heavy 
statues. The whole procession is minutely de- 
scribed by Dionysius (vii. pp. 457, 458 ; comp. 
Ovid, Amor. iii. 2. 43, &c). 

I. Ct'Rsfs, the races. The carriage usually 
employed in the circus was drawn by two or four 
horses (biga, quadriga). [Cirrus.] 

The usual number of chariots which started for 
each race was four. The drivers (aurigae, agi- 
tutores) were also divided into four companies, 
each distinguished by a different colour, to repre- 
sent the four seasons of the year, and called a 
/actio (Festus, s. v.) : thus /actio prasina, the 
green, represented the spring, whence (Juv. Hat. 
xi. 196) " Eventum viridis quo colligo panni ;" 
/actio ruuata, red, the summer ; /actio veneta, 
azure, the autumn ; and /actio allxt or allala, 
white, the winter. (Tertull. de Spectac. 9 ; compare ! 
the authorities quoted by Ruperti, ad Juv. vii. 
112.) Originally there were but two factions, 
al/iaja and russata (Tertull. /. c), and consequently 
only two chariots started at each race. Domitian 
subsequently increased the whole number to six, 
by the addition of two new factions, aurata and 
purpurea (Suet iJom. 7) ; but this appears to have 
been an exception to the usual practice, and not in 
general use. The driver stood in his car within 
the reins, which went round his back. This 
enabled him to throw all his weight against the 
horses, by leaning backwards ; but it greatly en- 
hanced his danger in case of an upset, and caused 
the death of Hippolvtus. (Eur. Ilijip. 1230, ed. 
Monk ; compare Ovid, Mil. XT, 524.) To avoid 
this peril a sort of knife or bill-hook was carried 
at the waist, for the purpose of cutting the reins 
in a case of emergency, as is seen in some of the 
ancient reliefs, and is more clearly illustrated in 
the annexed woodcut, copied from a fragment for- 
merly belonging to the Villa Negroni, which also 
affords a specimen of the dr ss of an uuriga. The 
torso only remains of this statue ; but the head is 
supplied from another antique, representing an 
auriga, in the Villa Albani. 

When all was ready, the doors of the carccres 
were flung open, and the chariots were formed 
abreast of the allja Irnca by men called moratores 
from their duty ; the signal for the start was then 
given by the person who presided at the games, 
sometimes by sound of trumpet (Ovid. Mel. x. 
652 ; Sidon. ('arm. xxiii. 34 1 ), or more usually by 
letting fall a napkin (mappa. Suet. AVro, 22 ; 
Mart. Bp. xii. 29. 9), whence the Circensian game* 
are called sprctacula mapjtar. (Juv. .Sal. xi. 191.) 
The origin of this custom is founded on a story 
that Nero, while at dinner, hearing the shouts of 
the people who were clamorous for the course to 
begin, threw down his napkin us the signal. (Cas- 




siodor. Var. Ep. iii. 51.) The alba linca was 
then cast off, and the race commenced, the extent 
of which w;is seven times round the spina (Var o, 
ap. Cell. iii. 10), keeping it always on the left. 
(Ovid. Amor. iii. 2. 72 ; Sil. Ital. rvL 362.) A 
course of seven circuits was termed anus misfits, 
and twenty-five was the number of races ran in 
each day, the last of which was called missus aera- 
riia, because in early times the expense of it was 
1 defrayed by a collection of money (aes) made 
amongst the people. (Serv. wl Virg. Ceorg. iii. 
18 ; compare Dion Cass. lix. p. 908.) Upon one 
occasion Domitian reduced the number of circuits 
from seven to five, in order to exhibit 100 missus 
in one day. (Suet. Dam. 4.) The victor descended 
from his car at the conclusion of the race, and 
ascended the spina, where he received his re- 
ward (bravium, from the Greek 0pa6(iov, Paul. 
1 Corinth, ix. 24), which consisted in a considerable 
sum of money (Juv. Sol. vii. 1 13, 114, 243 ; 
Suet. Claud. 21), which accounts for the great 
wealth of the charioteers to which Juvenal alludes, 
and the truth of which is testified by many sepul- 
chral inscriptions. 

A single horseman, answering to the imAtjj of 
the Greeks, attended each chariot, the object of 
which seems to have been twofold ; to assist hig 
companion by urging on the horses, when his hands 
were occupied in managing the reins, and, if neces- 
sary, to ride forward and clear the course, as seen 
in the cut from the British Museum representing the 
metae, which duty Cassiodorus (far. Ep. iii. 51) 
assigns to him, with the title of npius dtsultorius. 
Other writers apply that term to those who prac- 
tised feats of horsemanship in the circus, leaping 
from one to another when at their speed. (Compare 
Suet. Jul. 39 ; Cic. I'm Murrn. 27 ; Dionys. p. 
462 ; I'anvin. I).- /.ml. Cirrrns. i. 9.) Ill other 
respects, the horse-racing followed the same rules 
as the chariots. 

The enthusiasm of the Romans for these races 
exceeded all bounds. Lists of the horses (til>rUi), 
with their names and colours, and those of the 
drivers, were handed about, and heavy bets made, 
upon each faction (Ovid, Art. Amat. i. 1B7, 168 ; 
Juv. .Sat. xi. 200 ; Marl. Ep. xi. 1. 15) ; and some- 



288 



CISTA. 




times the contests between two parties broke out 
into open violence and bloody quarrels, until at 
last the disputes which originated in the circus, 
had nearly lost the Emperor Justinian his crown. 
(Gibbon, c. 40.) 

II. Ludus Trojae, a sort of sham-fight, said 
to have been invented by Aeneas, performed by 
young men of rank on horseback (Tacit. Ann. xi. 
11), often exhibited by Augustus and succeeding 
emperors (Suet. Aug, 43, Nero, 7), which is de- 
scribed by Virgil {Aen. v. 553, &c). 

III. Pugna Equestris et Pedestris, a re- 
presentation of a battle, upon which occasions a 
camp was formed in the circus. (Suet. Jul. 39, 
Dora. 4.) 

IV. Certamen gymnicum. See Athletae, 
and the references to the articles there given. 

V. [Venatio.] VI. [Naumachia.] 

The pompa circensis was abolished by Con- 
stantine, upon his conversion to Christianity ; 
and the other games of the circus by the Goths 
(a. D. 410) ; but the chariot races continued at 
Constantinople until that city was besieged by 
the Venetians (a. d. 1204). ' [A. R.] 

CIRRUS. [Coma.] 

CI'SIUM, a gig, i.e. a light open carriage with 
two wheels, adapted to carry two persons rapidly 
from place to place. Its form is sculptured on 
the monumental column 
at Igel, near Treves (see 
woodcut). It had a box 
or case, probably under 
the seat. (Festus, s.v. Plo- 
xinum.) The cisia were 
quickly drawn by mules 
(cisi volantis, Virg. Catal. 
viii. 3 ; Cic. Phil. ii. 31). Cicero mentions the 
case of a messenger who travelled 56 miles in 10 
hours in such vehicles, which were kept for hire at 
the stations along the great roads ; a proof that the 
ancients considered six Roman miles per hour as 
an extraordinary speed. (Pro Roscio Amer. 7.) 
The conductors of these hired gigs were called 
cisiarii, and were subject to penalties for care- 
less or dangerous driving. (Dig. 19. tit. 2. s. 
13.) [J.Y.] 

CISTA (Kiffrri), a small box or basket, com- 
monly made of wicker-work, in which any thing 
might be placed. (Cic. Verr. iii. 85 ; Hor. Ep. i. 
17. 54.) In the Roman comitia the cista was the 
ballot-box into which the voters cast their tabellae 
(Plin. H. N. xxxiii. 2. s. 7 ; Auctor, ad Herenn. 
i. 12 ; Pseudo-Ascon. ad Cic. Divin. 7. p. 108, ed. 
Orelli). The form of the cista is preserved on a 
coin of the Cassia gens, which is represented in 
the annexed cut, and which is evidently made of 
wicker or similar work. The material 
of which it was made is alluded to by 
Tibullus in the line (i. 7. 48) " et levis |g| 
occultis conscia cista .sacris." The cista 
has been frequently confounded with the 
sitella, but the latter was the urn from which the 
names of the tribes or centuries were drawn out by 
lot. [Sitella.] 

The name of cistae was also given to the small 
boxes which were carried in procession in the 
Greek festivals of Demeter and Dionysus. These 
boxes, which were always kept closed in the public 
processions, contained sacred things connected with 
the worship of these deities. (Ovid, De Art. 
Amat. ii. 609 ; Catull. lxiv. 260 ; Tibull. i. 7. 48.) 



CIVITAS. 

In the representations of the Dionysian proces- 
sions, which frequently form the subject of paint- 
ings on ancient vases, women carrying cistae are 
constantly introduced ; they are usually of an ob- 
long form, and thus differ completely from the 
cistae used in the Roman comitia. From one 
of these paintings, given by Millin in his Pein- 
tures de Vases Antiques, the following woodcut is 
taken. 




CISTO'PHORUS (Ki<TTo<p6pus), a silver com, 
which belonged to the kingdom of Pergamus, and 
which was in general circulation in Asia Minor at 
the time of the conquest of that country by the 
Romans. (Liv. xxxvii. 46, 58, xxxix. 7 ; Cic. ad 
Aft. ii. 6, xi. 1.) Its value is extremely uncer- 
tain, as the only information we possess on the 
subject is in two passages of Festus, which are at 
variance with each other, and of which certainly 
one, and probably the other, is corrupt. (Festus, 
s. vv. Euboicum Talentum, and Talentormrt non, 
&c. ; see Muller's notes) : and, with respect to the 
existing specimens, it is doubtful whether they are 
double or single cistophori. Bdckh supposes them 
to have been originally didrachms of the Aeginetan 
standard : others take them for tetradrachms. Mr. 
Hussey (pp.74, 75), from existing coins, which he 
takes for cistopliori, determines it to be about f of 
the later Attic drachma, or Roman denarius of the 
republic, and worth in our money about 7%d. The 
existing specimens are extremely scarce. The 
general device is, on the one side, the sacred chest 
(cista, whence the name) of Dionysus, half open, 
with a serpent creeping out of it, surrounded by 
an ivy wreath, and on the reverse, the car of De- 
meter, drawn by serpents. The period during 
which cistophori were struck, is supposed to have 
been from about B. c. 200, down to the battle of 
Actium. (Panel, de Cistophoris, Lugd. 1734 ; 
Eckhel, vol. iv. pp. 352—368 ; Bockh, Metrol. 
Untersucli. pp. 101, 107.) [P. S.J 

CI'THARA. [Lyra.] 

CIVI'LE JUS. [Jus Civile.] 

CIVl'LIS ACTIO. [Actio.] 

CIVIS. [Civitas.] 

CI'VITAS (voAiTeia), citizenship. ) . Greek. 



CIVITAS. 



CIVITAS. 



289 



In the third book of the Politics, Aristotle com- 
mences his inquiry into the nature of states with 
the question, " What constitutes a citizen ? " (iro- 
\iT7js). He defines a citizen to be one who is a 
partner in the legislative and judicial power (/tero- 
Xos KpitTtais Kat apxns). No definition will 
equally apply to all the different states of Greece, 
or to any single state at different times ; the 
above seems to comprehend more or less properly 
all those whom the common use of language en- 
titled to the name. 

A state in the heroic ages was the government 
of a prince ; the citizens were his subjects, and 
derived all their privileges, civil as well as reli- 
gious, from their nobles and princes. Nothing 
could have been further from the notions of those 
times, than the ideas respecting the natural 
equality of freemen which were considered self- 
evident axioms in the democracies of an after- 
period. In the early governments there were no 
formal stipulations ; the kings were amenable to 
the gods alone. The shadows of a council and 
assembly were already in existence, but their 
business was to obey. Community of language, 
of religion, and of legal rights, as far as they then 
existed, was the bond of union ; and their pri- 
vileges, such as they were, were readily granted 
to naturalised strangers. Upon the whole, as 
Wachsmuth has well observed, the notion of 
citizenship in the heroic age only existed so far 
as the condition of aliens or of domestic slaves 
was its negative. 

The rise of a dominant class gradually over- 
threw the monarchies of ancient Greece. Of such 
a class, the chief characteristics were good birth 
and the hereditary transmission of privileges, 
the possession of land, and the performance of 
military service. To these characters the names 
ydjiopot, iirirtis, tbrarrpliat, Ace, severally corre- 
spond. Strictly speaking, these were the only 
citizens ; yet the lower class was quite distinct 
from bondmen or slaves. It commonly happened 
that the nobility occupied the fortified towns, 
while the 8?/j*os lived in the country and followed 
agricultural pursuits: whenever the latter were 
gathered within the walls and became seamen or 
handicraftsmen, the difference of rank was soon 
lost, and wealth made the only standard. The 
quarrels of the nobility among themselves, and the 
admixture of population arising from immigrations, 
all tended to raise the lower orders from their 
political subjection. It must be remembered, too, 
that the possession of domestic slaves, if it placed 
them in no new relation to the governing body, at 
any rate gave them leisure to attend to the higher 
duties of a citizen, and thus served to increase their 
political efficiency. 

Daring the convulsions which followed the 
heroic ages, naturalisation was readily granted to 
all who desired it ; as the value of citizenship in- 
creased, it was, of course, more sparingly bestowed. 
The ties of hospitality descended from the prince 
to the Btate, and the friendly relations of the 
Homeric heroes were exchanged for the irpoffvi'm 
of a Inter period. In political intercourse, the im- 
portance of these Inst soon began to he felt, and the 
irp6^tvoi at Athens, in after times, obtained rights 
only inferior to actual citizenship. [IIoni'ITHM.] 
The isopolite relation existed, however, on a much 
more extruded scale. Sometimes particular privi- 
leges were grunted: as imyaula, the right of inter- 



marriage ; eytcr-no-is, the right of acquiring landed 
property; oTe'A.eia, immunity from taxation, espe- 
cially areAeia fitToiKiov, from the tax imposed on 
resident aliens. All these privileges were included 
under the general term iVoTe'Aeia, or icroiroA.iT6io, 
and the class who obtained them were called 
l<rore\e?s. They bore the same burthens with the 
citizens, and could plead in the courts or transact 
business with the people, without the intervention 
of a TrpoVTCLTTis. ( Bbckh, Public Econ. of Athens, 
p. 540, 2nd ed. ; Niebuhr,//«/. Rom. ii. p. 53 ; Her- 
man,Lehrbuck d. Griech. Siaatsalth. § 116.) If the 
right of citizenship was conferred for services done 
to the state, the rank termed irpotSp'ia or etitpyeala 
might be added. Naturalised citizens even of the 
highest grade were not precisely in the same con- 
dition with the citizen by birth, although it is not 
agreed in what the difference consisted. Some 
think that they were excluded from the assembly 
(Niebuhr, c), others that they were only in- 
eligible to offices, or at any rate to the archonship. 

The candidate on whom the citizenship was to 
be conferred was proposed in two successive assem- 
blies, at the second of which at least six thousand 
citizens voted for him by ballot : even if he suc- 
ceeded, his admission, like even' other decree, 
was liable during a whole year to a ypapy 
irapav6fui>v. He was registered in a phyle and 
demc, but not enrolled in the phratria and genos ; 
and hence it has been argued that he was ineligible 
to the office of archon or priest, because unable to 
participate in the sacred rites of 'Att6\\uv Uarpcfos 
or Zfvs 'EpKftos. 

The object of the phratriac (which were retained 
in the constitution of Cleisthcnes, when their num- 
ber no longer corresponded to that of the tribes) 
was to preserve purity and legitimacy of descent 
among the citizens. Aristotle says (Pol. iii. 2) 
that for practical purposes it was sufficient to de- 
fine a citizen as the son or grandson of a citizen, 
and the register of the phratriae was kept chiefly 
as a record of the citizenship of the parents. If 
any one's claim was disputed, this register was at 
hand, and gave an answer to all doubts about the 
rights of his parents or his own identity. Every 
newly married woman, herself a citizen, was en- 
rolled in the phratriae of her husband, and every 
infant registered in the phratriac and genos of its 
father. All who were thus registered must have 
been born in lawful wedlock, of parents who were 
themselves citizens; indeed, so far was this car- 
ried, that the omission of any of the requisite 
formalities in the marriage of the parents, if it 
did not wholly take away the rights of citizen- 
ship, might place the offspring under serious dis- 
abilities. This, however, was only carried out in 
its utmost rigour at the time when Athenian 
citizenship was most valuable. In Solon's time, it 
is not certain that the offspring of a citizen and of 
a foreign woman incurred any civil disadvantage ; 
and even the law of Pericles (Pint. J'eric. .'17), 
which exacted citizenship on the mother's side, 
appears to have become obsolete very soon after- 
wards, as we find it rc-onnrted by Aristophon in 
the archonship of Euclcides, B. c. -ID.'). (Allien, xiii. 
p. 577.) 

It is evident then, fmm the very object of the 
phratriac, why the newly-ndmitted citizen was not 
enrolled in them. As the same reason did not 
apply to the children, these, if born of women who 
were citizens, were enrolled in the phratria of their 
v 



290 



CIVITAS. 



CIVITAS. 



maternal grandfather. (Isaeus, De Apol. Hered. 
c. IS.) Still an additional safeguard was provided 
by the registry of the deme. At the age of six- 
teen, the son of a citizen was required to devote 
two years to the exercises of the gymnasia, at the 
expiration of which term he was enrolled in his 
deme ; and, after taking the oath of a citizen, was 
armed in the presence of the assembly. He was 
then of age, and might marry ; but was required 
to spend two years more as a irepfao\os in frontier 
service, before he was admitted to take part in the 
assembly of the people. The admission into the 
phratria and deme were alike attended with oaths 
and other solemn formalities: when a SoKi/xatrta 
or general scrutiny of the claims of citizens took 
place, it was entrusted to both of them ; indeed 
the registry of the deme was the only check upon 
the naturalised citizen. 

These privileges, however, were only enjoyed 
while the citizen was iiriTifxos : in other words, 
did not incur any sort of arifxia, which was of 
two sorts, either partial or total, and is spoken of 
at length elsewhere. [Atimia.] 

Recurring then to Aristotle's definition, we find 
the essential properties of Athenian citizenship to 
have consisted in the share possessed by every 
citizen in the legislature, in the election of magis- 
trates, in the ZoKijxaaia, and in the courts of 
justice. 

The lowest unity under which the citizen was 
contained, was the yevos or clan ; its members 
were termed yevvrirai or o/xoydXaKres. Thirty 
yevr) formed a (pparpia, which latter division, as 
was observed above, continued to subsist long 
after the four tribes, to which the twelve phratries 
anciently corresponded, had been done away by 
the constitution of Cleisthenes. There is no reason 
to suppose that these divisions originated in the 
common descent of the persons who were included 
in them, as they certainly did not imply any such 
idea in later times. Rather they are to be con- 
sidered as mere political unions, yet formed in 
imitation of the natural ties of the patriarchal 
system. 

If we would picture to ourselves the true notion 
which the Greeks embodied in the word irdXis, 
we must lay aside all modern ideas respecting the 
nature and object of a state. With us practically, 
if not in theory, the object of a state hardly em- 
braces more than the protection of life and pro- 
perty. The Greeks, on the other hand, had the 
most vivid conception of the state as a whole, 
every part of which was to co-operate to some 
great end to which all other duties were considered 
as subordinate. Thus the aim of democracy was 
said to be liberty ; wealth, of oligarchy ; and edu- 
cation, of aristocracy. In all governments the 
endeavour was to draw the social union as close 
as possible, and it seems to have been with this 
view that Aristotle laid down a principle which 
answered well enough to the accidental circum- 
stances of the Grecian states, that a wdkis must be 
of a certain size. {Pol. vii. 4 ; Nic. Eth. ix. 10. 
Ou yap iic Se/co jxvpidb'wv tt6\is en 4(Tt'u>.) 

This unity of purpose was nowhere so fully 
carried out as in the government of Sparta ; and, if 
Sparta is to be looked upon as the model of a 
Dorian state, we may add, in the other Dorian go- 
vernments. Whether Spartan institutions in their 
essential parts were the creation of a single 
master-mind, or the result of circumstances modi- 



fied only by the genius of Lycurgus, their design 
was evidently to unite tne governing body among 
themselves against the superior numbers of the 
subject population. The division of lands, the 
syssitia, the education of their youth, all tended to 
this great object. The most important thing next 
to union among themselves, was to divide the sub- 
ject class, and accordingly we find the government 
conferring some of the rights of citizenship on the 
helots. Properly speaking, the helots cannot be 
said to have had any political rights ; yet being 
serfs of the soil, they were not absolutely under 
the control of their masters, and were never sold 
out of the country even by the state itself. Their 
condition was not one of hopeless servitude ; a legal 
way was open to them, by which, through many 
intermediate stages, they might attain to liberty 
and citizenship. (Miiller, Dorians, iii. 3. § 5.) 
Those who followed their masters to war were 
deemed worthy of especial confidence ; indeed, 
when they served among the heavy-armed, it 
seems to have been usual to give them their 
liberty. The itairooiovavTai, by whom the 
Spartan fleet was almost entirely manned, were 
freedmen, who were allowed to dwell where they 
pleased, and probably had a portion of land al- 
lotted them by the state. After they had been 
in possession of their liberty for some time, they 
appear to have been called v£ooafj.<I>Seis (Tmic. vii. 
58), the number of whom soon came near to that 
of the citizens. The [idBwves or fj.66a.Kts (as their 
name implies) were also emancipated helots ; their 
descendants, too, must have received the rights of 
citizenship as Callicratidas, Lysander, and Gylip- 
pus were of Mothacic origin. (Miiller, Dorians, 
ii. 3. § 6.) We cannot suppose that they passed 
necessarily and of course into the full Spartan 
franchise ; it is much more probable that at Sparta, 
as at Athens, intermarriage with citizens might 
at last entirely obliterate the badge of former ser- 
vitude. 

The perioeci are not to be considered as a sub- 
ject class, but rather as a distinct people, separated 
by their customs as well as by their origin from 
the genuine Spartans. It seems unlikely that they 
were admitted to vote in the Spartan assembly ; 
yet they undoubtedly possessed civil rights in the 
communities to which they belonged (Miiller, 
Dorians, iii. 2. § 4), and which would hardly have 
been called TrdAeu unless they had been in some 
sense independent bodies. In the army they com- 
monly served as hoplites, and we find the com- 
mand at sea intrusted to one of this class. (Thuc. 
viii. 22.) In respect of political rights, the perioeci 
were in the same condition with the plebeians in 
the early history of Rome, although in every other 
respect far better off, as they participated in the 
division of lands, and enjoyed the exclusive pri- 
vilege of engaging in trade and commerce. What 
confirms the view here taken, is the fact, that, as 
far as we know, no individual of this class was 
ever raised to participate in Spartan privileges. 
Nothing, however, can be more erroneous than to 
look upon them as an oppressed race. Even their 
exclusion from the assembly cannot be viewed in 
this light ; for, had they possessed the privilege, 
their residence in the country would have de- 
barred them from its exercise. It only remains 
to consider in what the superiority of the genuine 
Spartan may have consisted. In the first place, 
besides the right of voting in the assembly and 



CIVITAS. 



CIVITAS. 



291 



becoming a candidate for the magistracies, he 
was possessed of lands and slaves, and was thus 
exempt from all care about the necessaries of life ; 
secondly, on the field of battle he always served 
amongst the hoplites ; thirdly, he participated in 
the Spartan education, and in all other Dorian 
institutions, both civil and religious. The re- 
luctance which Sparta showed to admit foreigners 
was proportioned to the value of these privileges: 
indeed Herodotus (is. 35) says that Sparta had 
only conferred the full franchise in two instances. 
In legal rights all Spartans were equal ; but there 
were yet several gradations, which, when once 
formed, retained their hold on the aristocratic 
feelings of the people. (Miiller, Dorians, iii. 5. 
§ 7.) First, as we should naturally expect, there 
was the dignity of the Heraclide families ; and, 
connected with this, a certain pre-eminence of the 
Hyllean tribe. Another distinction was that be- 
tween the 5/iotoi and inrofieioixs, which, in later 
times, appears to have been considerable. The 
latter term probably comprehended those citizens 
who, from degeneracy of manners or other causes, 
had undergone some kind of civil degradation. To 
these the o/ioioi were opposed, although it is not 
certain in what the precise difference consisted. It 
need hardly be added, that at Sparta, as elsewhere, 
the union of wealth with birth always gave a sort 
of adventitious rank to its possessor. 

All the Spartan citizens were included in the 
three tribes, Hyllcans, Dymancs or Dymanatae, 
and Pamphilians, each of which were divided into 
ten obes or phratries. Under these obes there must 
undoubtedly have been contained some lesser sub- 
division, which Miiller, with great probability, 
supposes to have been termed Tpioxos. The citizens 
of Sparta, as of most oligarchical states, were land- 
owners, although this docs not seem to have been 
looked upon as an essential of citizenship. 

It would exceed the limits of this work to give 
an account of the Grecian constitutions, except so 
far as may illustrate the rights of citizenship. 
What perversions in the form of government, ac- 
cording to Greek ideas, were sufficient to destroy 
the essential notion of a citizen, is a question 
which, following Aristotle's example (Pol. iii. 5), 
we may be content to leave undecided. He who, 
being personally free, enjoyed the fullest political 
privileges, participated in the assembly and courts 
of judicature, was eligible to the highest offices, 
and received all this by inheritance from his an- 
cestors, most entirely satisfied the idea which the 
Greeks expressed in the word iroAmjs. [B. J.] 

2. Roman. Civitas means the whole body of 
cives, or members, of any given state. Civitates 
are defined by Cicero (Somn. Scip. c. 3) to be " con- 
cilium coctusque hominum jure sociati." A civitas 
is, therefore, properly a political community, so- 
vereign and independent The word civitas is 
frequently used by the Roman writers to express 
the condition of a Roman citizen, as distinguished 
from that of other persons not Roman citizens, as 
in the phrases dare ciritaiem, ilonure ciritati; 
timrpare riritatem. 

If we attempt to distinguish the members of any 
given civitas from all other people in the world, 
we can only do it by enumerating nil the rights 
and duties of a mcmlier of this civitas, which are 
not rights and duties of a person who is not a 
■Umber of this civitas. If any rights and duties 
which belong to a member of this civitas, and do 



not belong to any person not a member of this 
civitas, are omitted in the enumeration, it is an 
incomplete enumeration ; for the rights and duties 
not expressly included must be assumed as common 
to the members of this civitas and to all the world, 
or, to use a Roman expression, they exist jure 
gentium. Having enumerated all the character- 
istics of the members of any given civitas, we have 
then to show how a man acquires them, and how 
he loses them, and the notion of a member of such 
civitas is then complete. 

Some members of a political community (cives) 
may have more political rights than others ; a 
principle by the aid of which Savigny (Geschichte 
des Rom. Rechts im H/ittelalter, c. ii. p. 22) has 
expressed briefly and clearly the distinction be- 
tween the two great classes of Roman citizens 
under the republic : — " In the free republic 
there were two classes of Roman citizens, one 
that had, and another that had not, a share in 
the sovereign power (optima jure, non optima jure 
cives). That which peculiarly distinguished the 
higher class was the right to vote in a tribe, and 
the capacity of enjoying magistracies (sufiragium 
et honores)." According to this view, the jus civi- 
tatis comprehended part of that which the Romans 
called jus publicum, and also, and most particularly, 
that which they called jus privatum. The jus 
privatum comprehended the jus connubii and jus 
commercii, and those who had not these had no 
citizenship. Those who had the jus suffragiorum 
and jus honorum had the complete citizenship, or, 
in other words, they were optimo jure cives. Those 
who had the privatum, but not the publicum jus, 
were citizens, though citizens of an inferior class. 
The jus privatum seems to be equivalent to the 
jus Quiritium, and the civitas Romana to the jus 
publicum. Accordingly, we sometimes find the 
jus Quiritium contrasted with the Romana civitas. 
(Plift Ep. x. 4. 22 ; Ulp. Frag. tit. 3. § 2.) Livy 
(xxxviii. 3G) says that until B. c. 11)8, the Formiani, 
Fundani, and Arpinates, had the civitas without 
the suffragium ; and, at an earlier time, the people 
of Anagnia received the " Civitas sine suffragii la- 
tione." (Liv. ix. 43.) 

Ulpian (Frag. tit. 5. § 4 ; 19. § 4 ; 20. § 8 ; 
] 1. § C) has stated a distinction, as existing in his 
time among the free persons who were within the 
political limits of the Roman Btate, which it is of 
great importance to apprehend clearly. There were 
three classes of free persons, Cives, Latini, and 
Pcregrini. Gaius (i. 12) points to the same divi- 
sion, where he says that a slave, when made free, 
might become a Civis Roman us, or a Latinus, or 
might be in the number of the peregrini deditieii, 
according to circumstances. Civis, according to 
Ulpian, is he who possesses the complete rights of 
a Roman citizen. The J'rrrgrinus had not com- 
mercium and connubium, which were the charac- 
teristic rights of a Roman citizen, not viewed in 
his political capacity ; but the I'eregrinus had a 
capacity for making all kinds of contracts which 
were allowable by the jus gentium. The hOtkttU 
was in an intermediate state ; he had not the con- 
nubium, ntid consequently he had not the patria 
potcstas nor rights of ngnntio ; but he hnd the 
commcrcium or the right of acquiring quiritarinn 
ownership, and he had also a cajiacity for all acts 
incident to quiritarinn ownership, as vindicntio, in 
jure ceasin, mnncipatio, and testamenti fnctio, which 
last comprises the power of making a will in Roman 



292 



CIVITAS. 



CIVITAS. 



form, of becoming heres or legatee under a will, 
and of being a witness to a will ; also he could 
contract many obligationes which a Peregrinus 
could not. These were the general capacities of a 
Latinus and peregrinus ; but a Latinus or a pere- 
grinus might obtain by special favour certain rights 
which he had not by virtue of his condition only. 
The legitima hereditas was not included in the 
testamenti factio ; for the legitima hereditas pre- 
supposed agnatio, and agnatio presupposed connu- 
bium, or the capacity to contract a Roman marriage. 

According to Savigny, the notion of civis and 
civitas had its origin in the union of the patricii 
and the plebes as one estate. The peregrinitas, in 
the sense above stated, originated in the conquest 
of a state by the Romans, when the conquered 
state did not obtain the civitas ; and he conjectures 
that the notion of peregrinitas was applied originally 
to all citizens of foreign states who had a foedus 
with Rome. 

The civitas then, historically viewed, was in 
brief as follows : — Originally, the Romans divided 
all persons into Cives and Peregrini : the cives, con- 
sidered as non-political persons and simply as indi- 
viduals, had connubium and commercium ; the 
peregrini had neither. But this merely negative 
description of a peregrinus would apply also to 
slaves, and to the members of states with which 
Rome never had any connection, and consequently 
it is requisite to give to the notion of peregrinus 
something of a positive character in order to de- 
termine what it is. A peregrinus then was one 
who had no legal capacity according to the jus 
civile Romanorum, but had a capacity of acquiring 
rights according to the jus gentium, which rights 
the Roman courts of justice acknowledged. The 
following persons then would be included under 
Peregrini : 1. Before the time of Antoninus Cara- 
calla, the inhabitants of almost all the Roman 
provinces. 2. The citizens of foreign states which 
were in friendly relation with Rome. 3. Romans 
who had lost the civitas in consequence of some 
legal penalty, as deportatio. (Dig. 48. tit. 19. s.- 
17. §1.) 4. Libertini, who were dediticiorum 
numero. (Ulpian, Frag. tit. 20. § 14.) 

The later division of persons ivas this — Cives, 
Latini, and Peregrini. The condition of cives and 
peregrini was unchanged ; but a third class, that 
of Latini, was formed, who had a limited civitas, 
which consisted in having commercium without 
connubium. By possessing commercium they ap- 
proached to the class of cives ; by not having con- 
nubium they approached the class of peregrini. 
Yet persons who belonged to the class of Latini or 
Peregrini might, by grant, receive a higher legal 
capacity than that which belonged to persons of 
this class. (Ulpian, Frag. tit. S. § 4, 19. § 4.) 

Thus then there were at one time in the Roman 
state only two classes of persons with different 
legal capacities — Cives and Peregrini. At another 
and a later time there were three classes — Cives, 
Latini, and Peregrini. It remains to explain when 
the third class, Latini, was established, and what 
persons were included in the term Peregrini at the 
two several times. 

Before the Social war B. c. 90, the Romans had 
acquired the dominion of all Italy, and the state 
then comprehended the following persons : — 
1. Cives Romani, that is, the inhabitants of Rome, 
the citizens of the coloniae civium, and the citizens 
of the municipia without respect to their origin. 



2. Latini, that is, the citizens of the old Latin 
towns, except those which were raised to the rank 
of municipia ; the term Latini also included the 
numerous Coloniae Latinae. 3. Socii, that is, the 
free inhabitants of Italy, who were not included 
in 1 or 2. 4. Provinciates, or the free subjects of 
Rome beyond the limits of Italy. But these four 
descriptions of persons were all comprehended under 
Cives and Peregrini ; for the term peregrini com- 
prehended numbers 2, 3, and 4. 

After the Social war, and in B. c. 90, by a lex 
Julia the Roman citizenship was extended to all 
Italy, properly so called, and even to Gallia Cis- 
padana. The consequence of this change was that 
the Socii and Latini were merged in the class of 
cives Romani, and there remained only cives and 
provinciales, but the provinciales were still pere- 
grini. It was at this time -apparently that the 
class of Latini was established, which did not, as 
formerly, denote a people, but an artificial class of 
persons with a particular legal capacity. This 
legal capacity or half citizenship, as already ex- 
plained, consisted in the possession of the Com- 
mercium without the Connubium. One object of 
forming this new class was apparently to prepare a 
gradual transition to the full civitas for such pere- 
grini as the state might wish to favour. The con- 
dition of the class of Latini was expressed by the 
term Latinitas or Jus Latii. [Latinitas.] 

From this time there existed the three classes, 
described by Gaius and Ulpian — Cives, Latini, and 
Peregrini : cives with commercium and connubium, 
Latini with commercium only, and peregrini with- 
out either. Only the cives had the political rights, 
the suffragium and honores. The names of the 
three classes existed to the time of Justinian's 
legislation. 

The rights of a Roman citizen were acquired in 
several ways, but most commonly by a person 
being born of parents who were Roman citizens. 
A Roman pater familias, filius familias, mater 
familias, and filia familias were all cives, though 
the first only was sui juris and the rest were not. 
If a Roman citizen married a Latina or a pere- 
grina, believing her to be a Roman citizen, and 
begot a child, this child was not in the power of 
his father, because he was not a Roman citizen, 
but the child was either a Latinus or a peregrinus 
according to the condition of his mother ; and no 
child followed the condition of his father without 
there was connubium between his father and 
mother. By a senatus- consultum, the parents were 
allowed to prove their mistake (causam erroris 
probare) ; and, on this being done, both the mother 
and the child became Roman citizens, and, as a 
consequence, the son was in the power of the 
father. (Gaius, i. 67.) Other cases relating to the 
matter called causae probatio are stated by Gaius 
(i. 29, &c. ; i. 66, &c), from which it appears that 
the facilities for obtaining the Roman civitas were 
gradually extended. (See also Ulp. Frag. tit. 3. 
De Latinis.) 

A . slave might obtain the civitas by manumis- 
sion (vindicta), by the census, and by a testa- 
mentum, if there was no legal impediment ; but it 
depended on circumstances, as already stated, 
whether he became a Civis Romanus, a Latinus, 
or in the number of the peregrini dediticii. 
[Manumissio.] 

Under the republic and before the Social war, the 
civitas could, of course, be conferred by a lex, and 



CIVITAS. 



CLAVUS LATUS.. 



293 



upon such terms as the lex declared. (Liv. vi. 4 ; 
and in the case of the Fcrentinates, Liv. xxxiv. 42; 
Cicero, pro Balbo, 13.) The Julia lex, B.C. 90, 
was a comprehensive measure. Cicero, however 
(pro BaXho, c. 8), remarks that many of the people 
of Heracleia and Neapolis made some opposition to 
accepting the terms offered by the lex, and would 
have preferred their former relation to Rome as 
civitates foederatae (foederis sui liberi'item) to the 
Roman civitas. The lex gave the Roman civitas 
not only to the natives of the Italian towns, hut 
also to natives of towns out of Italy, who had be- 
come citizens of Italian towns before the lex was 
enacted. Thus L. Manlius (Cic. ad Fam. xiii. 30), 
a native of Carina, in Sicily, obtained the Roman 
civitas by virtue of having been enrolled as a citizen 
of Neapolis (erat enim in id municipium adscrip- 
tus) before the passing of the lex. The lex 
Plautia Papiria, which was proposed by the tri- 
bunes M. Plautius Silvanus and C. Papirius Carbo, 
B. c. 89, contained a provision that persons, who 
had been enrolled as citizens of the foederatae 
civitates, and who had a domicile in Italy at the 
time when the law was passed, should have the 
Roman civitas, if they gave in their names to the 
praetor within sixty days (apud praetorem essent 
pro/essi, Cic. pro Archia, c. 4). Archias claimed 
the benefit of this lex as having been enrolled a 
citizen of Heraclea, and having in the other re- 
spects complied with the lex. The case of L. 
Manlius appears to show that the lex Julia applied 
to persons not natives of an Italian town if they 
had become citizens of such town before the pass- 
ing of the lex ; and it is not clear what was the 
precise object of the lex Plautia Papiria, whether 
merely to explain or to limit the operation of the 
Julia lex. If the Julia lex merely declared that 
those who were adscrijiti in the Italian towns 
before the passing of the lex should acquire the 
Roman civitas, it would be necessary to provide 
some security against fraudulent registrations which 
might be made after the passing of the lex, 
and this would be effected by requiring adscript! 
to give in their names at Rome within the sixty 
days. 

With the establishment of the imperial power, 
the political rights of Roman citizens became in- 
significant, and the commercium and the connu- 
bium were the only parts of the civita3 that were 
valuable. The constitution of Antoninus Caracal la, 
which gave the civitas to all the Roman world, ap- 
plied only to communities and not to individuals ; 
its effect was to make all the cities in the empire 
municipia, and all Latini into cives. The distinc- 
tion of cives and Latini, from this time forward, 
only applied to individuals, namely, to frcedmen 
and their children. The peregrinitas in like man- 
ner ceased to be applicable to communities, and 
only existed in thedediticii as a class of individuals. 
The legislation of Justinian finally put an end to 
what remained of this ancient division into classes, 
nnd the only division of persons was into subjects 
of the Caesar and slaves. 

The word civitas is often used by the Roman 
writers to express any political community, as 
Civitas Antinchiensinm, &c. 

(Savigny,/f«7.«-/iri/?, Kc. vol. v., Ueherdw Enttte- 
hum/, &LC.,drr iMlinit'dt ; vol. i x., /Mr Horn t-rhr I V/v- 
scAltus drr Ttifil nm I li rnkhn ; vol. xi., Sarhtrnije 
zufru/irrrn Arbeilrn; and Navigny,.Vy»/em dr* hru- 
tiijen Homischen Hccnlt, vol. ii. p. Sec. [O. L.J 



CLANDESTI'NA POSSE'SSIO. [Inter- 
dictum.] 

CLARIGA'TIO. [Fetiales.] 

CLASSES. [Comitia.] 

CLASSIA'RII. [Exercitis.] 

CLA'SSICU.M. [Cornu.] 

CLATHRI. [Domus.] 

CLAVIS. [Janua.] 

CLAUSTRU.M. [Janua.] 

CLAVUS ANNA'LIS. In the early ages of 
Rome, when letters were yet scarcely in use, the 
Romans kept a reckoning of their years by driving 
a nail (clavus), on the ides of each September, into 
the side wall of the temple of Jupiter Optimus 
Maximus, which ceremony was performed by the 
consul or a dictator. (Festus, s. v. Clav. Annul.; 
Liv. viL 3, viii. 18, ix. 28 ; Cic. ad Att. v. 15.) 

CLAVUS GUBERXA'CULI. [Navjs.] 

CLAVUS LATUS, CLAVUS ANGUSTUS. 
The meaning of these words has given rise to 
much dispute ; but it is now established beyond 
doubt that the clavus latus was a broad purple 
band, extending perpendicularly from the neck 
down the centre of the tunica, and that the clavus 
angustus consisted of two narrow purple slips, run- 
ning parallel to each other from the top to the 
bottom of the tunic, one from each shoulder. Hence 
we find the tunic called the tunica laticlavia and 
angusticlavia. These purple stripes were woven 
into the tunic (Plin. H. N. viii. 48) ; and this cir- 
cumstance accounts for the fact that the clavus is 
never represented in works of sculpture. It only 
occurs in paintings, and those too of a very late 
period. The clavus latus is represented in the an- 
nexed cut, which is copied from a painting of 




Rome personified, formerly belonging to the Bnr- 
berini family. The clarus anguttus is seen in the 
three figures introduced below, all of which nro 
taken from sepulchral paintings executed subse- 
quently to the introduction of Christianity at 
Rome. The female figure on the left hand, which 
is copied from Iliionnrotti (( hurrrazioni sopra 
aleuni Frammrnti di I'uri anlichi di f'ctro, Hi v. 
xxix. fig. 1), represents the goddrns Moneta. The 
«.n.' 00 the right hand is from a cemetery on the 
Via Snlarn Nova, and represents Prinrilla, an early 
martyr. The next figure is selerti d from three of 
a similar kind, representing Shadnicli, Aleshach, 
t; 3 



294 CLAVUS LATUS. 

and Abednego, from the tomb of Pope Callisto on 

the Via Appia. 




The latus clavus was a distinctive badge of the 
senatorian order (latum demisit pectore clavum, 
Hor. Sat. i. 6. 20 ; Ovid, Trist. iv. 10. 35) : and 
hence it is used to signify the senatorial dignity 
(Suet. Tib. 35, Vesp. 2, 4) ; and laticlavius, for 
the person who enjoys it. (Suet. Aug. 38.) In 
distinction to the angustus clavus, it is termed 
purpura major (J 'uv. Sat. i. 106), purpura latior 
(Plin. H. N. xxxiii. 7) ; and the garment it de- 
corated, tunica potens (Stat. Sylv. v. 2. 29). The 
tunica laticlavia was not fastened round the waist 
like the common tunic, but left loose, in order that 
the clavus might lie flat and conspicuously over 
the chest. (Quinctil. xi. 3. § 138.) 

The angustus clavus was the decoration of the 
equestrian order ; but the right of wearing the 
latus clavus was also given to the children of 
equestrians (Ovid. Trist. iv. 10. 29), at least in 
the time of Augustus, as a prelude to entering the 
senate-house. This, however, was a matter of 
personal indulgence, and not of individual right ; 
for it was granted only to persons of very ancient 
family, and corresponding wealth (Stat. Sylv. iv. 8. 
59 ; Dig. 24. tit. 1. s. 42), and then by special 
favour of the emperor. (Suet. Vesp. 2; Tacit. Ann. 
xvi. 17; Plin. Epist. ii. 9.) In such cases the 
latus clavus was assumed with the toga virilis, and 
worn until the age arrived at which the young 
equestrian was admissible into the senate, when it 
was relinquished and the angustus clavus resumed, 
if a disinclination on his part, or any other circum- 
stances, prevented him from entering the senate, as 
was the case with Ovid (compare Trist. iv. 10. 27, 



CLIENS. 

with 35). But it seems that the latus clavus could 
be again resumed if the same individual subse- 
quently wished to become a senator (Hor. Sat. i. 6. 
25), and hence a fickle character is designated as 
one who is always changing his clavus (Hor. Sat. 
ii. 7. 10). 

The latus clavus is said to have been introduced 
at Rome by Tullus Hostilius, and to have been 
adopted by him after his conquest of the Etruscans 
(Plin. H. N. ix. 63) ; nor does it appear to have 
been confined to any particular class during the 
earlier periods, but to have been worn by all ranks 
promiscuously. (Plin. H. N. xxxiii. 7.) It was 
laid aside in public mourning. (Liv. ix. 7.) [A. R.] 

CLEPSYDRA. [Horologium.] 

CLERU'CHI (KAripodxot). [Colonia.] 

CLERUS (kA%w). [Herbs.] 

CLETE'RES or CLE'TORES (/cA.7)T?jpes or 
/f ATjTopes), summoners. The Athenian summoners 
were not official persons, but merely witnesses to 
the prosecutor that he had served the defendant 
with a notice of the action brought against him, 
and the day upon which it would be requisite for 
him to appear before the proper magistrate, in order 
that the first examination of the case might com- 
mence. (Harpocrat.) In Aristophanes (Nab. 1246, 
Vesp. 1408) we read of one summoner only being 
employed, but two are generally mentioned by the 
orators as the usual number. (Dem. c. Nicost. 
p. 1251. 5, pro Coron. 244. 4, c. Boeot. p. 1017. 
6.) The names of the summoners were subscribed 
to the declaration or bill of the prosecutor, and 
were, of course, essential to the validity of all pro- 
ceedings founded upon it. What has been hitherto 
stated applies in general to all causes, whether 8'iicai 
or ypacpai : but in some which commenced with an 
information laid before magistrates, and an arrest of 
the accused in consequence (as in the case of an 
evSa^is or eiaayyeA'ia), there would be no occasion 
for a summons, nor, of course, witnesses to its ser- 
vice. In the evdvvai and ooKijxaaiai also, when 
held at the regular times, no summons was issued, 
as the persons whose character might be affected 
by an accusation were necessarily present, or pre- 
sumed to be so ; but if the prosecutor had let the 
proper day pass, and proposed to hold a special 
evOvvT) at any other time during the year in which 
the defendant was liable to be called to account for 
his conduct in office (vivevBvvos), the agency of 
summoners was as requisite as in any other case. 
Of the SoKifiaaiai that of the orators alone had no 
fixed time ; but the first step in the cause was not 
the usual legal summons (irpdo-KArjais), but an 
announcement from the prosecutor to the accused 
in the assembly of the people. (Meier, Att. Pro- 
cess, pp. 212, 575.) In the event of persons sub- 
scribing themselves falsely as summoners, they 
exposed themselves to an action (^euSo/cATjTems) 
at the suit of the party aggrieved. [J. S. M.] 

CLIBANA'RII. [Cataphracti.] 

CLIENS is supposed to contain the same ele- 
ment as the verb cluere, to " hear " or " obey," and 
is accordingly compared by Niebuhr with the Ger- 
man word hoeriger, " a dependant." 

In the time of Cicero, we find patronus in the 
sense of adviser, advocate, or defender, opposed to 
cliens in the sense of the person defended, or the 
consultor ; and this use of the word must be re- 
ferred, as we shall see, to the original character of 
the patronus. (Ovid. Art. Am. i. 88 ; Hor. Sat. i. 
1. 10, Ep. i. 5. 31, ii. 1. 104.) The relation of a- 



CLIENS. 



CLIEXS. 



295 



master to his liberated slave (libertus) was also ex- 
pressed by the word patronus, and the libertus was 
the cliens of his patronus. Any Roman citizen 
who wanted a protector, might attach himself to a 
patronus, and would thenceforward be a cliens. 
Strangers who came into exilium at Rome might 
do the same (Jus opplicationis, Cic. de Or. L 39). 
Distinguished Romans were also sometimes the 
patroni of states and cities, which were in a cer- 
tain relation of subjection or friendship to Rome 
(Sueton. Oclavian. Caesar, 17) ; and in this re- 
spect they may be compared to colonial agents, or 
persons among us, who are employed to look after 
the interests of the colony in the mother country ; 
except that among the Romans such services were 
never remunerated directly, though there might be 
an indirect remuneration. (Cic. IMv. 20, Pro 
Sulla, c. 21 ; Tacit. Or. 36.) This relationship 
between patronus and cliens was expressed by the 
word Clientela (Cic. ad All. xrv. 12), which also 
expressed the whole body of a man's clients. 
(Tacit. Ann. xiv. CI.) In the Greek writers on 
Roman history, patronus is represented by irpocna- 
ttjs: and client, by t€A.ot7)S. (Pint Tib. O'racch. 
13, Marius, 5.) 

The clientela, but in a different form, existed as 
far back as the records or traditions of Roman 
history extend ; and the following is a brief notice 
of its origin and character, as stated by Dionysius 
(Antir/. Rom. ii. 9), in which the writer's terms 
are kept : — 

Romulus gave to the flnraTpiSat the care of re- 
ligion, the honores f tpx f "')> the administration of 
justice, and the administration of the state. The 
or)u«Ti(co( (whom in the preceding chapter he has 
explained to be the irAijgtioi) had none of these 
privileges, and they were also poor ; husbandry 
and the necessary arts of life were their occupation. 
Komulus thus entrusted the S-n/xoTiKol to the safe 
keeping of the irorpiKioi (who are the €inroTpi8ai), 
and permitted each of them to choose his patron. 
This relationship between the patron and the client 
was called, says Dionysius, patronia. (Compare 
Cic. Rep. ii. 9.) 

The relative rights and duties of the patrons and 
the clients were, according to Dionysius, as follow 
(Dionys. ii. 10, and other passages) : — 

The patron was the legal adviser of the cliens ; 
he was the client's guardian and protector, as he 
was the guardian and protector of his own children ; 
he maintained the client's suit when he was wronged, 
and defended him when another complained of 
being wronged by him : in a word, the patron was 
the guardian of the client's interest, both private 
and public. The client contributed to the marriage 
portion of the patron's daughter, if the patron was 
poor ; and to his ransom, or that of his children, if 
they were taken prisoners ; he paid the costs and 
damnges of a suit which the patron lost, and of 
any penalty in which be was condemned ; he bore 
n part of the patron's expenses incurred by his dis- 
charging public duties, or filling the honourable 
places in the state. Neither party could accuse the 
other, or bear testimony against the other, or give 
his vote against the other. The clients accom- 
panied their patroni to war as vassals. (Dionys. x. 
43.) This relationship between patron and client 
subsisted for many generations, and resembled in 
all respects the relationship by blood. It was a 
connection that was hereditary ; the cliens bore the 
gentile name of the patronus, and he and his de- 



scendants were thus connected with the gens of the 
patronus. It was the glory of illustrious families to 
have many clients, and to add to the number 
transmitted to them by their ancestors. But the 
clients were not limited to the SrifioriKoi ; the 
colonies, and the states connected with Rome by 
alliance and friendship, and the conquered states, 
had their patrons at Rome ; and the senate fre- 
quently referred the disputes between such states 
to their patrons, and abided by their decision. 

Dionysius gives a tolerably intelligible statement, 
whether true or false, of the relation of a patron and 
client. What persons actually composed the body 
of clients, or what was the real historical origin of 
the clientela, is immaterial for the purpose of un- 
derstanding what it was. It is clear that Dio- 
nysius understood the Roman state as originally 
consisting of patricii and plebeii, and he has said 
that the clients were the plebs. Now it appears, 
from his own work and from Livy, that there were 
clientes who were not the plebs, or, in other words, 
clientes and plebs were not convertible terms. This 
passage, then, has little historical value as ex- 
plaining the origin of the clients. Still something 
may be extracted from the passage, though it is 
impossible to reconcile it altogether with all other 
evidence. The clients were not servi : they had 
property of their own, and freedom (liljertas). Con- 
sistently with what Dionysius says, they might be 
Roman citizens in the wider sense of the term civis, 
enjoying only the commercium and connubium, but 
not the sutrragium and honores, which belonged to 
their patroni. [Ci vitas.] It would also be con- 
sistent with the statement of Dionysius, that there 
were free men in the state who were not patricii, 
and not clientes ; but if such persons existed in 
the earliest period of the Roman state, they must 
have laboured under great civil disabilities, and 
this also is not inconsistent with the testimony of 
history. Such a body, if it existed, must have 
been powerless ; but such a body might in various 
ways increase in numbers and wealth, and grow 
up into an estate, such as the plel>9 afterwards was. 
The body of clientes might include frecdmen, as it 
certainly did : but it seems an assumption of what 
requires proof, to infer (as Niebuhr docs) that, 
because a patronus could put his freedman to death, 
he could do the same to a client ; for this involves 
a tacit assumption that the clients were originally 
slaves ; and this may be true, but it iH not known. 
Besides, it cannot be true that a patron had the 
power of life and death over his freedman, who 
had obtained the civitas, any more than he had 
over an emancipated son. There is also no proof 
that the clientela in which liberti stood was here- 
ditary like that of the proper clients. The body 
of clientes might, consistently with all that we 
know, contain pcregrini, who hnd no privileges at 
all ; and it might contain that class of persons who 
had the commercium only, if the commercium ex- 
isted in the early ages of the state. [Civitas.] 
The latter class of persons would require a patronus 
to whom they might attach themselves for the pro- 
tcction of their property, and who might sue and 
defend them in all suits, on account of the (here 
assumed) inability of such persons to sue in their 
own name in the early ages of Rome. 

The relation of the |>atri>mis to the cliens, as re- 
presented by Dionysius, has an analogy to the 
|tatria potestas, and the form of the word patronus 
is consistent with this. 

v 4 



296 



CLIENS. 



CLIMA. 



It is stated by Niebuhr, that " if a client died 
■without heirs, his patron inherited ; and this law 
extended to the case of freedmen ; the power of 
the patron over whom must certainly have been 
founded originally on the general patronal right." 
This statement, if it be correct, would be consistent 
with the quasi patria potestas of the patronus. 

But if a cliens died with heirs, could he make a 
will ? and if he died without heirs, could he not 
dispose of his property by will ? and if he could 
not make, or did not make a will, and had heirs, 
who must they be ? must they be sui heredes 1 
had he a familia, and consequently agnati ? had 
he, in fact, that connubium, by virtue of which he 
could acquire the patria potestas ? He might have 
all this consistently with the statement of Diony- 
sius, and yet be a citizen non optimo jure ; for he 
had not the honores and the other distinguishing 
privileges of the patricii ; and consistently with 
the statement of Dionysius he could not vote in 
the comitia curiata. It is not possible to prove 
that a cliens had all this, and it seems equally im- 
possible, from existing evidence, to show what his 
rights really were. So far as our extant ancient 
authorities show, the origin of the clientela, and its 
true character, were unknown to them. There 
was a body in the Roman state, at an early period 
of its existence, which was neither patrician nor 
client, and a body which once did not, but ulti- 
mately did, participate in the sovereign power : 
this was the plehs. The clientes also existed in the 
earliest period of the Roman state, but our know- 
ledge of the true condition of this body must re- 
main inexact, for the want of sufficient evidence in 
amount, and sufficiently trustworthy. 

It is stated by Livy (ii. 56) that the clientes 
had votes in the comitia of the centuries : they 
were therefore registered in the censors' books, 
and could have quiritarian ownership. [Centum- 
viri.] They had therefore the commercium, pos- 
sibly the connubium, and certainly the suffragium. 
It may be doubted whether Dionysius understood 
them to have the suffragium at the comitia centu- 
riata ; but if such was the legal condition of the 
clientes, it is impossible that the exposition of their 
relation to the patricians, as given by some modern 
writers, can be altogether correct. 

It would appear, from what has been stated, 
that patronus and patricius were originally con- 
vertible terms, at least until the plebs obtained 
the honores. From that time, many of the reasons 
for a person being a cliens of a patricius would 
cease ; for the plebeians had acquired political im- 
portance, had become acquainted with the law and 
the legal forms, and were fully competent to advise 
their clients. This change must have contributed 
to the destruction of the strict old clientela, and 
was the transition to the clientela of the later ages 
of the republic. (H.ugo,Lehrbush,&c. vol. i. p. 458.) 

It has been conjectured (Becker, Handbuch der 
Romischen Alterthumer, vol. ii. p. 125) that the 
clientela was an old Italian institution, which ex- 
isted among some of those people, out of which the 
Romanus Populus arose. When Tatius and his 
Sabines settled in Rome, their clients settled there 
with them (Dionys. ii. 46) ; and Attius Clausus 
brought to Rome a large body of clients. (Liv. ii. 
16 ; Dionys. v. 40). It is further conjectured, 
and it is not improbable, that the clientes were 
Italians, who had been conquered and reduced to 
a state of subjection. 



Admitting a distinction between the plehs and 
the old clientes to be fully established, there is 
still room for careful investigation as to the real 
condition of the clientes, and of the composition of 
the Roman state before the estate of the plebs was 
made equal to that of the patricians. [G. L.] 

CLIENTE'LA. [Cliens.] 

CLIMA (kAI/jlo), literally a slope or inclinatior, 
was used in the mathematical geography of the 
Greeks* with reference to the inclination of various 
parts of the earth's surface to the plane of the 
equator. Before the globular figure of the earth 
was known, it was supposed that there was a 
general slope of its surface from south to north, 
and this was called Rkijxa. But as the science of 
mathematical geography advanced, the word was 
applied to different belts of the earth's surface, 
which were determined by the different lengths of 
the longest day at their lines of demarcation. 
This division into climates was applied only to 
the northern hemisphere, as the geographers had 
no practical knowledge of the earth south of the 
equator. 

Hipparchus (about b. c. 160) seems to have 
been the first who made use of this division ; his 
system is explained at length by Strabo (ii. 
p. 132). Assuming the circumference of a great 
circle of the earth to be 252,000 stadia, Hipparchus 
divided this into 360 degrees, of 700 stadia to 
each ; and then, beginning at the parallel of Meroe, 
and proceeding northwards, he undertook to de- 
scribe the astronomical phenomena observed at each 
degree of latitude, or every 700 stadia: among 
these phenomena, he observed that the length of 
the longest day at Meroe was 13 hours, and at 
Syene 1 3^. The observations of later astronomers 
and geographers, such as Geminus, Strabo, Pliny, 
and Ptolemy, are described in the works cited 
below. The following table, from Ukert, shows 
the climates, as given by Ptolemy (Geogr. i. 23). 
It will be observed that there are nineteen climates, 
the beginning and middle of which are marked by 
lines called parallels, of which the first marks the 
equator, and the thirty-third the arctic circle. Up 
to this point, there are sixteen climates, of which 
twelve are determined by the increase of half-an- 
hour in the length of the longest day, the 13th 
and 14th 1 hour, and the 15th and 16th 2 hours. 
In the remaining climates, within the arctic circle, 
the days no longer increase by hours but by 
months. Elsewhere (Almag. ii. 6) he makes 
ten climates north of the equator, beginning at the 
parallel of Taprobane in lat. 4° 15', and ending at 
that of Thule, in lat. 63° ; and one to the south, 
beginning at the equator, or the parallel of Cape 
Raptum, and ending at the parallel of Antimeroe 
in lat. 16° 25'. 

The term KXi/j-a was afterwards applied to the 
average temperature of each of these regions, and 
hence our modern use of the word. (Strab. I. c. ; 
Dion. Hal. i. 9 ; Plut. Mar. 11, Aem. Paul. 5, 
Moral, p. 891 ; Polyb. vii. 6. § 1, x. 1, § 3 ; 
Ath. xii. p. 523, e. ; Gemin. Elem. Astron. 5 ; 
Plin. H. N. ii. 70—75, s. 73—77 ; Agathem. i. 3 ; 
Cellar. Geog. i. 6 ; Ukert, Geog. vol. i. pt. 2, 
pp. 182, &c.) [P. S.] 

* The corresponding Latin word is inclinatio 
(Vitruv. i. 1), also deelinatio, devergentia (comp. 
Aul. Gell. xiv. 1 ; Colum. iii. 19). Clima was 
only used at a late period. 



CLIPEUS. 



CLIPEUS. 



297 



Climate. 


Parallel. 


Longest Day. 


Latitude. 


Passing through 


J, 


| 




12h. 


0m. 


0° 


0' 






2 




12 


15 


4 


15 


Taprobane. 


II. 


3 




12 


30 


8 


25 


Sinus Avalites. 




4 




12 


45 


12 


30 


Adule Sinus. 


III. 


5 




13 





16 


27 


^Icroe". 




6 




13 


15 


20 


14 


Napata. 


IV. 






13 


30 


23 


51 


oyene. 




8 




13 


45 


27 


12 


Ptolemais in Egypt. 


v 

v ■ 


Q 




14 





30 


2 




Lower Egvpt. 




10 




14 


15 


33 


18 


Middle of Phoenicia. 


VI. 


„ 




14 


30 


36 





Rhodus. 




12 




14 


45 


38 


35 


Smyrna. 


VII. 


13 




15 





40 


56 


Hellespont. 




14 




15 


15 


43 


41 


Massilia. 


V III. 


15 




15 


30 


45 


1 


.Middle or the J'.uximi'. 




16 




15 


45 


46 


51 


Sources of the Danube. 


IX. 


1 7 




\G 





48 


32 


Alouth of the Borvsthenes. 


18 




16 


15 


50 


4 


Middle of the Palus Maeotis. 


x. 


1 Q 
19 




16 


SO 


51 


40 


Southern Britain. 




20 




16 


45 


52 


50 


Mouths of the Rhine. 


X I 






17 





54 


SO 


]\Iouths of the Tanais, 




22 




17 


15 


55 





The Brigantcs in Britain. 


V 1 1 


SB) 




17 


30 


56 





Britannia ^lagna. 




24 




17 


45 


57 





Caturactonium in Britain. 


XIII. 


25 




18 





58 





South of Britannia Parva. 




26 




18 


30 


59 


30 


Middle of ditto 


XIV. 


97 




19 





61 





North of ditto 




28 




19 


30 


62 





Ebudes Insulae. 


XV. 


OQ 

209 




20 





63 





Thule. 




30 




21 





64 


30 


Unknown Scythian Tribes. 


XVI. 


A1 
O 1 




22 





65 


30 


Unknown Scythian Tribes. 




32 




23 





66 







XVII. 






24 





Go 









34 


1 


month about 


67° 


15' 




XVIII. 


35 


2 






69 


30 






36 


S 






73 


20 




XIX. 


37 


4 






78 


20 






38 


5 






84 









39 


6 






90 








CLTPEUS (4<rir($), the large shield worn by 
the Greeks and Humana, which was originally of a 
circular form, and is said to have been first used by 
Proetus nnd Acrisius of Argos (Pans. ii. 2.5. § 6), 
and therefore is called dipeus Argoliau (Virg. Acn. 
iii. 637), nnd likened to the sun. (Compare also 
itritlta irdvToa' tiirr)ii, I loin. //. iii. 847, v. 163, 
4<nr(5ai tiiKVK\ovi, xiv. CJIt ; Varr. l)r /.in;/, hit. 
v. 19, cd. Mliller ; Kcstus, s. t>.) According to 
other accounts, however, tin: Greeks obtained the 



shield, as well as the helmet, from the Egyptians 
(Herod, iv. 180 ; Plat. Tim. p. 24, b.) 

The shield used by the Homeric heroes was 
large enough to cover the whole man. It wan 
sometimes made of osiers twisted together, called 
iWa, or of wood : the wood or wicker was then 
covered over with ox hides of several folds deep, 
and finally bound round the edge with metal. 
(Ham. //. xii. '2!)*>.) The outer rim is termed 
irrvl (II. xviii. 179), fruj (Eur. Troad. 1205), 



298 



CLIPEUS. 



CLIPEUS. 



irepicpepeLa or icvkXos (11. xi. 33). [Antyx.] In 
the centre was a projection called ofupaKos or 
fie(TOfj.<pa.\wv, umbo, which served as a sort of 
weapon by itself, or caused the missiles of the 
enemy to glance off from the shield. It is seen in 
the next woodcut, from the column of Trajan. A 
spike, or some other prominent excrescence, was 
sometimes placed upon the 6fj.<pd\os, which was 
called iirofj.<pd\iov. 




In the Homeric times, the Greeks used a belt 
to support the shield ; but this custom was subse- 
quently discontinued in consequence of its great 
inconvenience [Balteus], and the following me- 
thod was adopted in its stead : — A band of 
metal, wood, or leather, termed KavJiv, was placed 
across the inside from rim to rim, like the diameter 
of a circle, to which were affixed a number of 




small iron bars, crossing each other somewhat in 
the form of the letter X, which met the arm below 
the inner bend of the elbow joint, and served to 
steady the orb. This apparatus, which is said to 
have been invented by the Carians (Herod, i. 171), 
was termed i>x avov or o'/avt]. Around the inner 
edge ran a leather thong (irdpiraQ, fixed by nails 
at certain distances, so that it formed a succession 
of loops all round, which the soldier grasped with 
his hand (i/xSaXav ■nhpita.K.i yevvaiav X 6 P a ) Eur. 
Hel. 1 396). The preceding woodcut, which shows 
the whole apparatus, will render this account in- 
telligible. It is taken from one of the terra cotta 
vases published by Tischbein (vol. iv. tab. 20). 

At the close of a war it was customary for the 
Greeks to suspend their shields in the temples 
when the ir6pira.Kes were taken off, in order to 
render them unserviceable in case of any sudden or 
popular outbreak ; which custom accounts for the 
alarm of Demosthenes in the Knights of Aristo- 
phanes (859), when he saw them hanging up with 
their handles on. 

The aairis was carried by the heavy-armed men 
(ottAitcii) during the historical times of Greece, 
and is opposed to the lighter 7reA.Trj and -yippov : 
hence we find the word ao"nls used to signify a 
body of oirXtrai (Xen. Anab. i. 7. § 10). 

According to Livy (i. 43), when the census was 
instituted by Servius Tullius, the first class only 
used the clipeus, and the second were armed with 
the scutum, [Scutum] ; but after the Roman sol- 
dier received pay, the clipeus was discontinued 
altogether for the Sabine scutum. (Liv. viii. 8 ; 
compare ix. 19 ; Plut. Rom. 21 ; Diod. Eclog. 
xxiii. 3, who asserts that the original form of the 
Roman shield was square, and that it was subse- 
quently changed for that of the Tyrrhenians, which 
was round.) 




The practice of emblazoning shields with various 
devices, the origin of armorial bearings, is of con- 
siderable antiquity. It is mentioned as early as 
the time of Aeschylus, who represents the seven 
chiefs who marched against Thebes with such 
shields (Aeschyl. Sept. c. Tlteb. 387, &c. ; comp. 
Virg. Am. viii. 658 ; Sil. Ital. viii. 386). This 



CLOACA. 



CLOACA. 



299 



custom is illustrated by the preceding beautiful 
gem from the antique, in which the figure of Vic- 
tory is represented inscribing upon a clipeus the 
name or merits of some deceased hero. 

Each Roman soldier had also his own name in- 
scribed upon his shield, in order that he might 
readily find his own when the order was given to 
unpile arms (Veget ii. 17) ; and sometimes the 
name of the commander under whom he fought. 
(Hirt Bell. Alex. 58.) 

The clipeus was also used to regulate the 
temperature of the vapour bath. [Balneae, p. 
192,a.] [A.R.] 

CLITELLAE, a pair of panniers, and there- 
fore only used in the plural number. (Hor. Sat. i. 
5. 47 ; Plant. Most. iii. 2. 91.) In Italy they 
were commonly used with mules or asses, but in 
other countries they were also applied to horses, of 
which an instance is given in the annexed wood- 
cut from the column of Trajan ; and Plautus (lb. 
94) figuratively describes a man upon whose 
shoulders a load of any kind, either moral or phy- 
sical, is charged, as homo clitellarius. [A. R.J 




CLOA'CA, a common sewcr. The term cloaca 
is generally used in reference only to those spacious 
subterraneous vaults, either of stone or brick, 
through which the foul waters of the city, as well 
as all the streams brought to Rome by the aque- 
ducts, finally discharged themselves into the 
Tiber ; but it also includes within its meaning 
any smaller drain, either wooden pipes or clay 
tubes (Ulpian, Dig. 43. tit. 23. s. 1), with which 
almost every house in the city was furnished to 
carry ofT its impurities into the main conduit 
The whole city was thus intersected by subter- 
raneous passages, and is therefore called urbs 
jiensilis, in Pliny's enthusiastic description of the 
cloacae. (II. N. xxxvi. 15. s. 24.) 

The most celebrated of these drains was the 
cloaca maxima, the construction of which is as- 
cribed to Tarquinius l'riscus (Liv. i. 38 ; Plin. 

c.), and which was formed to carry off the 
waters brought down from the adjacent hills into 
the Vrlnbnim and valley of the Forum. The 
stone of which it is built is a mark of the great 
antiquity of the work ; it is not the peperinn of 
Oabii and the Alban hills, which was the common 
building-stone in the time of the commonwealth ; 
but it is the 14 tufn litoide " of Hrocchi, one of the 
volcanic formations which is found in many places 
in Rome, nnd which was afterwards supplanted in 
public buildings by the finer quality of the peperinn. 
(Arnold) Hilt. Horn. vol. i. p. 52.) This cloaca 
was formed by three archrs, one within the other, 
the innermost of which is a semicircular vault of 



18 Roman palms, about 14 feet in diameter, each 
of the hewn blocks being 7A palms long and 4£ 
high, and joined together without cement. The 
manner of construction is shown in the annexed 
woodcut, taken on the spot, where a part of it is. 
uncovered near the arch of Janus Quadrifrons. 




The mouth where it reaches the Tiber, nearly 
opposite to one extremity of the insula Tiberina, 
still remains in the suite referred to by Pliny (I. c). 
It is represented in the annexed woodcut, with the 
adjacent buildings as they still exist, the modem 
fabrics only which encumber the site, being left 
out 




The passages in Strabo and Pliny which suite 
that a cart (fi^afo, veltes) loaded with hay, could 
pass down the cloaca maxima, will no longer ap- 
pear incredible from the dimensions given of this 
stupendous work ; but it must still be home in 
mind that the vehicles of the Romans were much 
smaller than our own. Dion Cassius also states 
(xlix. 43) that Agrippa, when he cleansed the 
sewers, passed through them in a boat, to which 
Pliny probably alludes in the expression urhs 
tuliter navii/nta; and their extraordinary dimen- 
sions, as well as that of the embouchures through 
which the waters poured into them, is still further 
testified by the exploits of Nero, who threw down 
the sewers the unfortunate victims of his nightly 
riot*. (Suet AVro, 26 ; compare Dion vs. x. 53 ; 
Cic. Pro Srst. 35.) 

'Ill'' i funned by Tarquin, ex- 

tended only from the forum to the river, but was 
subsequently continued ns far up as the Suhiini, of 
which branch some vestiges were discovered in the 



300 KLOPES DIKE. 



COCHLEA. 



year 1742. (Vemiti, Anticliita di Roma, vol. i. 
p. 98 ; Ficoroni, Vestigie di Roma, pp. 74, 75.) 
This was the crypta Suburae to which Juvenal 
refers (Sat. v. 106. Corap. Diet, of Gr. and Rom. 
Geog. art. Roma.) 

The expense of cleansing and repairing these 
cloacae was, of course, very great, and was de- 
frayed partly by the treasury, and partly by an 
assessment called cloacarium. (Ulpian, Dig. 7. 
tit. 1. s. 27. §3.) Under the republic, the ad- 
ministration of the sewers was entmsted to the 
censors ; but under the empire, particular officers 
were appointed for that purpose, cloacarum cura- 
tores, mention of whom is found in inscriptions 
(ap. Grut. p. exevii. 5, p. exeviii. 2, 3, 4, 5 ; 
p. eclii. 1 ; Ulpian, Dig. 43. tit. 23. s. 2). The 
emperors employed condemned criminals in the 
task. (Plin. Epist. x. 41.) 

Rome was not the only city celebrated for 
works of this kind. Diodorus (xi. 25) makes 
special mention of the sewers (vn6voixoi) of Agri- 
gentum, which were constructed about B. c. 480, 
by an architect named Phaeax, after whom they 
were called (paianes. [A. R.] 

KLOPES DIKE' (kXottvs Si'kij), the action for 
theft was brought in the usual manner before a 
diaetetes or a court, the latter of which Meier 
(Att. Process, p. 67) infers to have been under 
the presidency of the thesmothetae, whether the 
prosecutor preferred his accusation by way of 
■ypatyri or S'ikt], We learn from the law quoted 
by Demosthenes (c. Timocr. p. 733), that the cri- 
minal upon conviction was obliged to pay twice 
the value of the theft to the plaintiff if the latter 
recovered the specific thing stolen ; that failing of 
this, he was bound to reimburse him tenfold, that 
the court might inflict an additional penalty, 
and that the criminal might be confined in the 
stocks (TToSoKaKKri) five days and as many nights. 
In some cases, a person that had been robbed was 
permitted by the Attic law to enter the house in 
which he suspected his property was concealed, 
and institute a search for it (<pwpav, Aristoph. 
Nubes, 497 ; Plat. De Leg. xii. p. 954) ; but we 
are not informed what powers he was supplied 
with to enforce this right. Besides the above 
mentioned action, a prosecutor might proceed by 
way of ypa^, and when the delinquent was de- 
tected in the act, by airayaiyh or i(prtyriois. To 
these, however, a penalty of 1000 drachmae was 
attached in case the prosecutor failed in establish- 
ing his case ; so that a diffident plaintiff would 
often consider them as less eligible means of ob- 
taining redress. (Demosth. c. Androt. p. 601.) In 
the aggravated cases of stealing in the day time 
property of greater amount than 50 drachmae, or 
by night any thing whatsoever (and upon this oc- 
casion the owner was permitted to wound and 
even kill the depredator in his flight), the most 
trifling article from a gymnasium, or any thing 
worth 1 drachmae from the ports or public baths, 
the law expressly directed an a7ra7«7->j to the 
Eleven, and, upon conviction, the death of the 
offender. (Demosth. c. Timocr. p. 736. 1.) Tf the 
ypacpT] were adopted, it is probable that the punish- 
ment was fixed by the court ; but both in this 
case, and in that of conviction in a SIkt], besides 
restitution of the stolen property, the disfran- 
chisement (arifila) of the criminal would be a 
necessary incident of conviction. (Meier, Att. 
Process, p. 358.) [J. S. M.] 



COA VESTIS, the Coan cloth, is mentioned 
by various Latin authors, but most frequently and 
distinctly by the poets of the Augustan age. 
(Tibull. ii. 4, ii. 6 ; Propert. i. 2, ii. 1, iv. 2, iv. 5 ; 
Hor. Carm. iv. 13. 13, Sat. i. 2. 101 ; Ovid, Ars 
Am. ii. 298.) From their expressions we learn 
that it had a great degree of transparency, that it 
was remarkably fine, that it was chiefly worn by 
women of loose reputation, and that it was some- 
times dyed purple and enriched with stripes of 
gold. It has been supposed to have been made of 
silk, because in Cos silk was spun and woven at a 
very early period, so as to obtain a high celebrity 
for the manufactures of that island. (Aristot. Hist. 
Anim. v. 19.) In the woodcut under Coma, a 
female is represented wearing a robe of this 
kind. [J. Y.] 

COACTOR. This name was applied to col- 
lectors of various sorts, e. g. to the servants of the 
publicani, or farmers of the public taxes, who col- 
lected the revenues for them (Cic. Pro Rab. Post. 
11) ; also to those who collected the money from 
the purchasers of things sold at a public auction. 
The father of Horace was a collector of the taxes 
farmed by the publicani. (Hor. Sat. i. 6. 86 ; 
Suet. Vit. Hor. init.) Moreover, the servants 
of the money-changers were so called, from col- 
lecting their debts for them. (Cic. Pro Cluent. 
64.) [R. W.] 

CO'CHLEA (/coxAlas), which properly means 
a snail, was also used to signify other things of a 
spiral form. 

1. A screw. The woodcut annexed represents 
a clothes-press, from a painting on the wall of the 
Chalcidicum of Eumachia, at Pompeii, which is 
worked by two upright screws (cochleae) precisely 
in the same manner as our own linen presses. 
(Mus. Borbonico, iv. 50.) 




A screw of the same description was also used 
in oil and wine presses. (Vitruv. vi. 9. p. 180, ed. 
Bipont. ; Palladius, iv. 10. § 10, ii. 19, § 1.) The 
thread of the screw, for which the Latin language 
has no appropriate term, is called TreputSx^'ov in 
Greek. 

2. A spiral pump for raising water, invented by 
Archimedes (Diod. Sic. i. 34, v. 37 ; compare 
Strab. xvii. 30), from whom it has ever since been 
called the Archimedean screw. It is described at 
length by Vitruvius (x. 11). 



CODEX. 



CODEX. 



301 



3. A peculiar kind of door, through which the 
wild beasts passed from their dens into the arena 
of the amphitheatre. (Varr. De Re Rust. iii. 5. 
§ 3.) It consisted of a circular cage, open on one 
side like a lantern, which worked upon a pivot 
and within a shell, like the machines used in the 
convents and foundling hospitals of Italy, termed 
rote, so that any particular beast could be removed 
from its den into the arena merely by turning it 
round, and without the possibility of more than 
one escaping at the same time ; and therefore it is 
recommended by Varro (/. c.) as peculiarly adapted 
for an aviary, so that the person could go in and 
out without affording the birds an opportunity of 
flying away. Schneider (in Iwl. Script. R. R. s. v. 
Caved), however, maintains that the cochlea in 
question was nothing more than a portcullis (cata- 
phracta) raised by a screw, which interpretation 
does not appear so probable as the one given 
above. [A. R.] 

CO'CIILEAR (kox^-'o-P'ov) was a kind of spoon, 
which appears to have terminated with a point at 
one end, and at the other was broad and hollow 
like our own spoons. The pointed end was used 
for drawing snails (cochleae) out of their shells, and 
eating them, whence it derived its name ; and the 
broader part for eating eggs, &c. Martial (xiv. 
121) mentions both these uses of the cochlear, — 
" Sum cochleis habilis nec sum minus utilis ovis." 
(Compare Plin. //. N. xxviii. 4 ; Petron. 33.) 

Cochlear was also the name given to a small 
measure like our spoonful. According to Rhemnius 
Fannius, it was ^ of the cyathus. 

COCHLIS, which is properly a diminutive of 
cnchJea, is used as an adjective with columna, to 
describe such columns as the Trajan and An- 
tonine ; but whether the term was used with re- 
ference to the spiral staircase within the column, 
or to the spiral bas-relief on the outside, or to 
both, cannot be said with certainty. (P. Vict, de 
Region. Urb. Rom. 8, 9.) 

Pliny applies the word also to a species of 
gem found in Arabia. (H. N. xxxvii. 12. 
s. 74.) [P. S.] 

CODEX, dim. CODICIEM.'S, is identical with 
cauder, as Claudius and Clodius, claustrum and 
clnstrnm, cawln and aula. Cato (ap. Front. Kpist. 
<ul M. Anton, i. 2) still used the form caudex in 
the same sense in which afterwards codex was used 
exclusively. (Compare Ovid. Metam. xii. 432.) 
The word originally signified the trunk or stem of 
a tree (Virg. (/con/, ii. 30 ; Columella, xii. If); 
Plin. //. .V. xvi. 30), and was also applied to 
designate anything composed of large pieces of 
wood, whence the small fishing or ferry boats on 
the Tiber, which may originally have been like 
the Indian canoes, or were constructed of several 
roughly hewn planks nailed together in a rude- and 
simple manner, were called naves caudicariae, or 
rwlirariae, or rawliceae. (Fest. and Varro, up. 
Nonium, xiii. 12 ; Gellius, x. 2.5.) The surname 
of Caudex given to Appius Claudius must be 
traced to this signification. But the name codex 
was especially applied to wooden tablets bound 
together and lined with a coat of wax, for the 
purpose of writing upon them, and when, at a later 
nge, parchment or paper, or other materials were 
substituted for wood, and put together in the 
shape of a book, the name of codex was still ap- 
plied to them. (Cic. I'err. ii. 1, 36 ; Dig. 32. tit. 1. 
t.52; Sueton. Aug. 101.) In the time of Cicero 



we find it also applied to the tablet on which a 
bill was written ; and the tribune, Cornelius, when 
one of his colleagues forbade his bill to be read by 
the herald or scribe, read it himself (legit codicem 
suum ; see Cic. in Vat. 2, and Ascon. Ped. in 
Argum. ad Cornel, p. 58. ed. Orelli). At a still 
later period, during the time of the emperors, the 
word was used to express any collection of laws 
or constitutions of the emperors, whether made by 
private individuals or by public authority. See 
the following articles. 

The diminutive codicillus, or rather codicilli, was 
used much in the same way as codex. It originally 
signified tablets of the kind described above, and 
was subsequently employed to indicate any small 
book or document, made either of parchment or 
paper. (Cic. Phil. viii. 10, ad Fam. vi. 18; Suet. 
Claud: 2y.) Respecting its meaning in connec- 
tion with a person's testament, see Testamex- 
ti-m. [L.S.] 

CODEX GREGORIA'NUS and HERMO- 
GENIA'NUS. It does not appear quite certain 
if this title denotes one collection or two collec- 
tions. The general opinion, however, is, that there 
were two codices compiled respectively by Grego- 
rianus and Hermogenianus, who are sometimes, 
though incorrectly, called Gregorius and Hermo- 
genes. The codex of Gregorianus was divided 
into books (the number of which is not known), and 
the books were divided into titles. The fragments 
of this codex begin with constitutions of Septimina 
Scverus, A. D. 1 96, and end with those of Diocletian 
and Maximian, A. D. 285 — 305. The codex of 
Hermogenianus, g far as we know it, is only 
quoted by titles, and it only contains constitutions 
of Diocletian and Maximian, with the exception of 
one by Antoninus Caracalla ; it may perhaps have 
consisted of one book only, and it may have been 
a kind of supplement to the other. The name Her- 
mogenianus is always placed after that of Gregori- 
anus when this code is quoted. According to the 
Consultationes, the codex of Hermogenianus also 
contained constitutions of Valens and Valcntinian 
II., which, if true, would bring down the compiler 
to a time some years later than the reign of Con- 
stantino the Great, under whom it is generally as- 
sumed that he lived. These codices were not 
made by imperial authority ; they were the work 
of private individuals, but apparently soon came to 
be considered as authority in courts of justice, as is 
shown indirectly by the fact of the Theodosian and 
Justinian codes being formed on the model of the 
Codex Gregorianus and Hermogenianns. (Zish 
meni,f 'iesrhiclite dm R'omischen I'rivutrt •flits, Ileidel. 
1826; Hiiho, /.ilirlittrli ,1, ,■ (;, ../„/,/,• </, , Hum. 
Rerhti, Berlin, 1832; Frag. Cm!, dreg, el I term. 
in Schulting's ./urisprudrnlin Vet. tic. and in the 
Jus Civile Antrjustin. Iicrol. 1815 ; Bucking, lu- 
stitutioncn.) [G. L.] 

CODEX JUSTINIANE'US. In February of 
the year a. d. 528, Justinian appointed a commis- 
sion, consisting of ten persons, to make a new col- 
lection of imperial constitutions. Among these ten 
were Triboninnus, who was afterwards employed 
on the Digesta and the Imtitutiones, nnd Thco- 
philus, a teacher of law nt Constantinople. The 
commission was directed to compile one code from 
those of Gregorianus, Hermogenianus, nnd Thco- 
riosius, and alsn from the constitutions of Theo- 
dosius made subsequently to his code, from those 
of his successors, and from the constitutions of 



302 



CODEX. 



CODEX. 



Justinian himself. The instructions given to the 
commissioners empowered them to omit unneces- 
sary preambles, repetitions, contradictions, and 
obsolete matter ; to express the laws to be derived 
from the sources above mentioned in brief lan- 
guage, and to place them under appropriate titles ; 
to add to, take from, or vary, the words of the old 
constitutions, when it might be necessary ; but to 
retain the order of time in the several constitutions, 
by preserving the dates and the consuls' names, 
and also by arranging them under their several 
titles in the order of time. The colleotion was to 
include rescripts and edicts, as well as constitu- 
tiones properly so called. Fourteen months after 
the date of the commission, the code was completed 
and declared to be law (16th April, 529) under 
the title of the Justinianeus Codex ; and it was de- 
clared that the sources from which this code was 
derived were no longer to have any binding force, 
and that the new code alone should be referred to 
as of legal authority. (Constit. de Justin. Cod. 
Confirmando.) 

The Digesta or Pandectae, and the Institutiones, 
were compiled after the publication of this code, 
subsequently to which fifty decisiones and some 
new constitutiones also were promulgated by the 
emperor. This rendered a revision of the code 
necessary ; and accordingly a commission for that 
purpose was given to Tribonianus, to Dorotheus, a 
distinguished teacher of law at Berytus inPhoenicia, 
and three others. The new code was promulgated 
at Constantinople, on the 16th November 534, and 
the use of the decisiones, the new constitutiones, 
and of the first edition of the Justinianeus Codex, 
was forbidden. The second edition (secunda editio, 
repetita praeleciio, Codex repetitae praelectionis) is 
the code that we now possess, in twelve books, 
each of which is divided into titles : it is not known 
how many books the first edition contained. The 
constitutiones are arranged under their several titles, 
in the order of time and with the names of the em- 
perors by whom they were respectively made, and 
their dates. 

The constitutions in this code do not go further 
back than those of Hadrian, and those of the im- 
mediate successors of 'Hadrian are few in number ; 
a circumstance owing in part to the use made of 
the earlier codes in the compilation of the Justinian 
code, and also to the fact of many of the earlier 
constitutions being incorporated in the writings of 
the jurists, from which alone any knowledge of 
many of them could be derived. {Constit. De 
Emendatione Cod. Dom. Justin.) 

The constitutions, as they appear in this code, 
have been in many cases altered by the compilers, 
and consequently, in an historical point of view, 
the code is not always trustworthy. This fact 
appears from a comparison of this code with the 
Theodosian code and the Novellae. The order of 
the subject-matter in this code corresponds, in a 
certain way, with that in the Digest. Thus the 
seven parts into which the fifty books of the 
Digest are distributed, correspond to the first nine 
books of the Code. The matter of the three last 
books of the Code is hardly treated of in the 
Digest. The matter of the first book of the Digest 
is placed in the first book of the Code, after the 
law relating to ecclesiastical matters, which, of 
course, is not contained in the Digest ; and the 
three following books of the first part of the Digest 
correspond to the second book of the Code. The 



following books of the Code, the ninth included, 
correspond respectively, in a general way, to the 
following parts of the Digest. Some of the con- 
stitutions which were in the first edition of the 
Code, and are referred to in the Institutiones, have 
been omitted in the second edition. (Instit. 2. tit. 
20. s. 27 ; 4. tit. 6. s. 24.) Several constitutions, 
which have also been lost in the course of time, 
have been restored by Charondas, Cujacius, and 
Contius, from the Greek version of them. (Zim- 
mern, &c. ; Hugo, Lehrbuch der Gescliichte des Rom. 
Rechts, &c. ; Bbcking, Institutionen.) [G. L.] 

CODEX THEODOSIA'NUS. In the year 
429, Theodosius II., commonly called Theodosius 
the younger, appointed a commission, consisting of 
eight persons, to form into a code all the edicta and 
generales constitutiones from the time of Constantine, 
and according to the model of the Codex Grego- 
rianus and Hermogenianus (ad similitudinem Gre- 
goriani et Hermogeniani Codicis). In 435, the 
instructions were renewed or repeated ; but the 
commissioners were now sixteen in number. Anti- 
ochus was at the head of both commissions. It 
seems, however, to have been originally the design 
of the emperor not only to make a code which 
should be supplementary to, and a continuation of, 
the Codex Gregorianus and Hermogenianus ; but 
also to compile a work on Roman law from the 
classical jurists, and the constitutions prior to those 
of Constantine. However this may be, the first 
commission did not accomplish this, and what we 
now have is the code which was compiled by the 
second commission. This code was completed, and 
promulgated as law in the Eastern empire in 438, 
and declared to be the substitute for all the consti- 
tutions made since the time of Constantine. In 
the same year (438) the code was forwarded to 
Valentinian III., the son-in-law of Theodosius, by 
whom it was laid before the Roman Senate, and 
confirmed as law in the Western empire. Nine 
years later Theodosius forwarded to Valentinian 
his new constitutions (novellae constitutiones), which 
had been made since the publication of the code ; 
and these also were in the next year (448) pro- 
mulgated as law in the Western empire. So long 
as a connection existed between the Eastern and 
Western empires, that is, till the overthrow of the 
latter, the name Novellae was given to the con- 
stitutions subsequent to the code of Theodosius. 
The latest of these Novellae that have come down 
to us are three of the time of Leo and Anthemius, 
A. d. 468. 

The Codex Theodosianus consists of sixteen 
books, the greater part of which, as well as his 
Novellae, exist in their genuine state. The books 
are divided into titles, and the titles are sub- 
divided into constitutiones or laws. The valuable 
edition of J. Gothofredus (6 vols. fol. Lugd. 1665, 
re-edited by Ritter, Lips. 1736—1745, 6 vols, fol.) 
contains the code in its complete form, except the 
first five books, for which it was necessary to use 
the epitome contained in the Breviarium [Brevia- 
rium]. This is also the case with the edition of 
this code contained in the Jus Civile Ante justininia- 
neum of Berlin, 1815. But the recent discovery 
of a MS. of the Breviarium, at Milan, by Clossius, 
and of a Palimpsest of the Theodosian code at 
Turin by Peyron, has contributed largely both to 
the critical knowledge of the other parts of this 
code, and has added numerous genuine constitu- 
tions to the first five books, particularly to the 



COENA. 



COENA. 



303 



first Hanel's discoveries also have added to our 
knowledge of the later books, and his edition of the 
Theodosian Code, Bonn, 1837, 4to, is the latest 
and the best 

The extract or epitome of the first five books in 
the Breviarium is very scanty ; 262 laws, or frag- 
ments of laws, were omitted, which the discoveries 
of Clossius and Peyron reduced to 200. More re- 
cent discoveries by Carlo Baudi a Vesme at Turin 
will add to the 6th, 8th, 9th, 10th, and ICth books. 

The Novellae Constitutiones anterior to the time 
of Justinian are collected in six books in the Jus 
Civile AnUjustinianeum, Berlin, 1815, and in 
Hanel's more recent edition. 

The commission of Theodosius was empowered 
to arrange the constitutiones according to their 
subject, and under each subject according to the 
order of time ; to separate those which con- 
tained different matter, and to omit what was not 
essential or superfluous. The arrangement of the 
Theodosian code differs in the main from that of 
the code of Justinian, which treats of jus ecclesi- 
asticum in the beginning, while that of Theodosius 
in the first book treats chiefly of offices ; and the 
second, third, fourth, and beginning of the fifth book 
treat of jus privatum. The order here observed, 
as well as in the code which it professed to follow 
as a model, was the order of the writers on the 
praetorian edict The eighth book contains the 
laws as to gifts, the penalties of celibacy, and that 
relating to the jus liberorum. The ninth book 
begins with crimes. The laws relating to the 
Christian church are contained in the sixteenth 
and last book. It is obvious from the circum- 
stances under which the Theodosian and Justinian 
codes were compiled, and from a comparison of them, 
that the Justinian code was greatly indebted to the 
Theodosian. The Theodosian code was also the basis 
of the edict of Theodoric king of the Ostrogoths ; 
it was epitomised, with an interpretation, in the 
Visigoth Lex Romana [ Breviarium] ; and the 
Burgundian Lex Komana, commonly called Papiani 
Liber Responsonim, was founded upon it [G. L.] 

COIMCILLUS. [Codex.] 

CODON («ci5aiv),a bell. [TlNTlNNABULUM.] 

COK'MPTIO. [Matrimonii™.] 

COENA (Sttirvov), the principal meal of the 
Greeks and Romans, corresponding to our dinner, 
rather than supper. As the meals arc not always 
clearly distinguished, it will be convenient to give 
a brief account of all of them under the present 
head. 

1. Greek. — The materials for an account of 
the Greek meals, during the classical period of 
Athens and Sparta, are almost confined to in- 
cidental allusions of Plato and the comic writers. 
Several ancient authors, termed htiirvihtr/oi, are 
mentioned by Athenacus ; but, unfortunately, their 
writings only survive in the fragment* quoted by 
him. His great work, the Deipnosophists, is an 
inexhaustible treasury of this kind of knowledge, 
but ill arranged, and with little attempt to dis- 
tinguish the customs of different periods. 

The poems of Homer contain a real picture of 
early manners, in every way worthy of the anti- 
quarian's nttention. As they stand apart from all 
other writings, it will be convenient to exhibit in 
one view the state of things which they describe. 
It is not to be expected that the Homeric meals at 
all agree with the customs of a later period ; in- 
deed it would be a mere waste of time to attempt 



adapting the one to the other. Athenaeus (i. p. 8) 
who has entered fully into the subject, remarks on 
the singular simplicity of the Homeric banquets, 
in which kings and private men all partake of the 
same food. It was common even for royal person- 
ages to prepare their own meals (//. ix. 206 — 218 ; 
compare Gen. xxviL 31), and Ulysses (Od. XT. 
322) declares himself no mean proficient in the 
culinary art — 

Tlvp T 1 eii VTjTjtrai, 5io 5e £i/\a Sava utiaaai 
Aanpevaai re kcu oirTijcai Kal oiVoxoTjirai. 

Three names of meals occur in the Iliad and Odyssey 
— &picrrov, btiirvov, Sopirov. This division of the 
meals is ascribed, in a fragment of Aeschylus 
quoted by Athenaeus (i. p. 11), to Palamedes. 
The word ipitnov uniformly means the early (o/i' 
rjoZ, Od. xtL 2) as Sdpirov does the late meal ; but 
5t?wvov, on the other hand, is used for either (//. 
ii. 381, Od. xviL 170), apparently without any 
reference to time. We should be careful, how- 
ever, how we argue from the unsettled habits of a 
camp to the regular customs of ordinary life. 

From numerous passages in the Iliad and Odyssey 
it appears to have been usual to sit during meal- 
times. In the palace of Tclemachus, before eating, 
a servant brings Minerva, who is habited as a 
stranger, the X f P vc ty or lustral water " in a golden 
pitcher, pouring it over a silver vessel." (Od. i. 
136.) Beef, mutton, and goat's flesh were the 
ordinary meats, usually eaten roasted ; yet from the 
lines .'/'. xxi. 363) 
'fts Si \(Si]S fe7 tvSofj ^Trfiy6fi(yos irvp\ -rroWif, 
Ky'iuari fxfKSifievos aira\orp(<peos aiaKoio, 

we learn that boiled meats were held to be far from 
unsavoury. Cheese, flour, and occasionally fruits, 
also formed part of the Homeric meals. Bread, 
brought on in baskets (//. ix. 217), and salt (&A.s, 
to which Homer gives the epithet d€?or), are men- 
tioned : from Od. xviL 45.5, the latter appears, 
even at this early period, to have been a sign of 
hospitality ; in Od. xi. 122, it is the mark of a 
strange people not to know its use. 

Each guest appears to have had his own table, 
and he who was first in rank presided over the 
rest Menclaus, at the marriage feast of Hcrmionc, 
begins the banquet by taking in his hands the side 
of a roasted ox and placing it before his friends. 
(Od. iv. 65.) At the same entertainment music 
and dancing arc introduced : — " The divine min- 
strel hymned to the sound of the lyre, and two 
tumblers (ici/§i<rT7jT7)p«) began the festive strain, 
wheeling round in the midst" It was not beneath 
the notions of those early days to stimulate the 
heroes to battle (//. xii. 31 1), 

"ESprj rt, Kpiaaiv Tt, iSi irKttois Stirafirtrtv, 

and Ajax on his return from the contest with 
Hector is presented by Agamemnon with the 
vurra SiTjcfKf'a. 

The names of several articles of the festive board 
occur in the Iliad and Odyssey. Knives, (.pits, 
cups of various shapes and sizes, bottles made of 
goat-skin, casks, &c, are all mentioned. Many 
sorts of wine were in use among the heroes ; some 
of Nestor's is remarked on as bring eleven years 
old. The Maroiiean wine, so called from Maron, 
a hero, was es|n-cially celebrated, and would bear 
mingling with twenty times its own quantity of 
water. It may be observed that wine was seldom, 
if ever, drunk pure. When Nestor and Machaon 



304 



COENA. 



COENA. 



sit down together, " a woman," like unto a god- 
dess, sets before them a polished table, with a 
brazen tray, iirl 8e Kpd/xvov tt6tii> otyov. Then she 
mingles a cup of Pramnian wine in Nestor's own 
goblet, and cuts the cheese of goat's milk with a 
steel knife, scattering white flour over it. The 
guests drank to one another : thus the gods (II. iv. 
4) 5ti8ex aT ' aA\r)\ovs, and Ulysses pledged 
Achilles, saying, x°"P\ 'Ax<AeO (II. ix. 225). Wine 
was drawn from a larger vessel [Crater] into 
the cups from which it was drunk, and before 
drinking, libations were made to the gods by pour- 
ing some of the contents on the ground. (11. vii. 
480.) 

The interesting scene between Ulysses and the 
swineherd (Od. xiv. 420) gives a parallel view of 
early manners in a lower grade of life. After a 
welcome has been given to the stranger, " The 
swineherd cleaves the wood, and they place the 
swine of five years old on the hearth. In the 
goodness of his heart, Eumaeus forgets not the im- 
mortal gods, and dedicates the firstling lock with a 
prayer for Ulysses's return. He next smites the 
animal with a piece of cleft oak, and the attend- 
ants singe off the hair. He then cuts the raw meat 
all round from the limbs, and laying it in the rich 
fat, and sprinkling flour upon it, throws it on the 
fire as an offering (avapxh) to the gods, the rest 
the attendants cut up and pierce with spits, and 
having cooked it with cunning skill, draw off all, 
and lay the mess on the tables. Then the swine- 
herd stands up to divide the portions, seven por- 
tions in all, five for himself and the guests, and 
one apiece to Mercury and the nymphs." 

There is nothing more worthy of remark in the 
Homeric manners than the hospitality shown to 
strangers. Before it is known who they are, or 
whence they come, it is the custom of the times to 
give them a welcome reception. (Od. i. 125, &c.) 
When Nestor and his sons saw the strangers, 
" They all came in a crowd and saluted them with 
the hand, and made them sit down at the feast on 
the soft fleeces by the sea shore." 

The Greeks of a later age usually partook of 
three meals, called aKpana^a, &pi<nov, and Utiirvov. 
The last, which corresponds to the Z6pirov of the 
Homeric poems, was the evening meal or dinner ; 
the apLffrov was the luncheon ; and the aKparia/u-a, 
which answers to the i-pta-rov of Homer, was the 
early meal or breakfast. 

The aKparia/xa was taken immediately after 
rising in the morning (e| tvvrjs, eaBev, Aristoph. 
Aves, 1 286). It usually consisted of bread, dipped 
in unmixed wine (aKparos), whence it derived 
its name. (Plut. Symp. viii. 6. § 4 ; Schol. ad 
Theocr. i. 51 ; Athenaeus, i. p. 11.) 

Next followed the Apicrov or luncheon ; but the 
time at which it was taken is uncertain. It is 
frequently mentioned in Xenophon's Anabasis, 
and appears to have been taken at different times, 
as would naturally be the case with soldiers in 
active service. Suidas (s. v. Atl-nvov) says that it 
was taken about the third hour, that is about nine 
o'clock in the morning ; but this account does not 
agree with the statements of other ancient writers. 
We may conclude from many circumstances that 
this meal was taken about the middle of the day, 
and that it answered to the Roman presidium, as 
Plutarch (Symp. viii. 6. § 5) asserts. Besides 
which the time of the TrArfdovcra ayopd, at which 
provisions seem to have been bought for the 



dpurrov, was from nine o'clock till noon. This 
agrees with the account of Aristophanes ( Vesp. 
605 — 612), who introduces Philocleon describing 
the pleasure of returning home after attending the 
courts, and partaking of a good dpicrrov. The 
courts of justice could scarcely have finished their 
sittings by nine o'clock. Timaeus also defines 
Sei'Ar; irpuia, which we know to have been the 
early part of the afternoon [Dies], as the time 
before the apicrrov. The dpiarov was usually a 
simple meal, but of course varied according to the 
habits of individuals. Thus Ischomachus, in de- 
scribing his mode of life to Socrates, who greatly 
approves of it, says, 'kpiarqi ticra fj.r)T€ Kerbs fxiire 
i.yav TrXrjprjs Snj^epeueiy (Xen. Oecon. xi. 18). 

The principal meal, however, was the heiwvov. 
It was usually taken rather late in the day, fre- 
quently not before sunset. (Lysias, c. Eratosth. 
p. 26.) Aristophanes (Eccl. 652) says, 

Sol 8e /ieATjcrei, 
otuv fi Seicdwovv to OTOix^iov Mirapbv x w P^ v 
iw\ beiirvov. 

But in order to ascertain the time meant by 
Sacdwovv rb otoix^ov, the reader is referred to 
the article Horologium. 

The Athenians were a social people, and were 
very fond of dining in company. Entertainments 
were visually given, both in the heroic ages and 
latter times, when sacrifices were offered to the 
gods, either on public or private occasions ; and 
also on the anniversary of the birthdays of mem- 
bers of the family, or of illustrious persons, whether 
living or dead. Plutarch (Symp. viii. 1. § 1) 
speaks of an entertainment being given on the 
anniversary of the birthdays both of Socrates and 
Plato. 

When young men wished to dine together they 
frequently contributed each a certain sum of money, 
called av/xSoAr], or brought their own provisions 
with them. When the first plan was adopted, 
they were said anb avjj.So\S>v Sefn-veiv, and one 
individual was usually entrusted with the money 
to procure the provisions, and make all the neces- 
sary preparations. Thus we read in Terence 
(Eunuch, iii. 4) — 

" Heri aliquot adolescentuli coimus in Piraeo, 
In hunc diem ut de symbolis essemus. Chaeream 
ei rei 

Praefecimus : dati annuli : locus, tempus consti- 
tution est." 

This kind of entertainment in which each guest 
contributed to the expense, is mentioned in Homer 
(Od. i. 226) under the name of tpavos. 

An entertainment in which each person brought 
his own provisions with him, or at least con- 
tributed something to the general stock, was called 
Seiirvoc airb airvp'iios, because the provisions were 
brought in baskets. (Athen. viii. p. 365.) This kind 
of entertainment is also spoken of by Xenophon 
(Mem. iii. 14. § 1). 

The most usual kind of entertainments, how- 
ever, were those in which a person invited his 
friends to his own house. It was expected that they 
should come dressed with more than ordinary care, 
and also have bathed shortly before ; hence, when 
Socrates was going to an entertainment at Aga- 
thon's, we are told that he both washed and put 
on his shoes, — things which he seldom did. (Plato, 
Symp. c. 2. p. 174.) As soon as the guests arrived 



CO EN A. 



COEXA. 



305 



at the house of their host, their shoes or sandals 
were taken off by the slaves, and their feet washed 
(lnro\veiv and airovi^iv.) In ancient works of 
art we frequently see a slave or other person re 
presented in the act of taking off the shoes of tbe 
guests, of which an example is given, from a terra 
cotta in the British Museum, in p. 308. After 
their feet had been washed, the guests reclined on 
the n\'wat or couches (Kal i fuv (<pij ItwwiQeu) rbv 
TratSa, 'iva Karaxiono, Plato, Symp. c. 3. p. 175). 

It has already been remarked that Homer never 
describes persons as reclining, but always as sitting 
at their meals ; but at what time the change was 
introduced is uncertain. Miiller (Dorians, iv. 3. 
§ 1) concludes from a fragment of Alcnian, quoted 
by Athenaeus (iii. p. Ill), that the Spartans were 
accustomed to recline at their meals as early as the 
time of Alcman. The Dorians of Crete always 
sat ; but the Athenians, like the Spartans, were 
accustomed to recline. The Greek women and 
children, however, like the Roman, continued to 
sit at their meals, as we find them represented in 
ancient works of art. 

It was usual for only two persons to recline on 
each couch. Thus Agathon says to Aristodemus, 
2i> 5', 'Api<TT65i]n( t irap' 'Epufrnaxov KaraKKivov : 
and to SocraUs, Atvpo, 2wxpaTes, trap' tpi kcltcL- 
Ktiao (Plato, Symp. c. 3, 4. p. 175). Also at a 
banquet given by Attaginus of Thebes to fifty 
Persians and fifty Greeks, we are told that one 
Persian and one Greek reclined on each couch. 
In ancient works of art we usually see the guests 
represented in this way ; but sometimes there is a 
larger number on one long kAiVt) : Bee the cut 
under the article SYMPOSIUM. The manner in 
which they reclined, the irxi(M T7)t KaTaK\io-tu>s, 
as Plutarch (Symp. v. 6) calls it, will be under- 
stood by referring to the woodcut already men- 
tioned, where the guests are represented reclining 
with their left arms on striped pillows (uTrayicwvia), 
and having their right free ; whence Lucian 
(Lexiph. c. 6°) speaks of iir' ayKuvos Sfiirfuv. 

After the guests had placed themselves on the 
KAiVai, the slaves brought in water to wash their 
hands (vtup Kara x f 'P^ f ISiOy). The subsequent 
proceedings of the dinner arc briefly described in 
two lines of Aristophanes ( Vestp. 1216), 

"'(Swp Kara xap/tv tos rpairffas ua<ptpuv 

A<iTFv>/.ufK- airoffvlfififB'' fjSr] <T7reV!o^f v. 

The dinner was then served up ; whence we read 
in Aristophanes, and elsewhere, of t&i rpairffas 
fl(T(p(ptiv, by which expression we are to under- 
Itand not merrly the dishes, but the tables them- 
selves. (Philoxen. up. Athnt. iv. p. 146, f.) It ap- 
pears that a table, with provisions upon it, was 
placed before each kAiVjj : and thus we find in all 
ancient works of art, which represent banquets or 
symposia, a small table or tripod placed before the 
kAi'k?i, and when there are more than two persons 
on the (eAinj, several of such tables. These tables 
are evidently small enough to be moved with 
case. 

In eating, the Greeks had no knives or forki, 
but made use of their fingers only, except in eat- 
ing soups or other liquids, which they partook of 
by means of n spoon, called pvtn[k-n, fiixTTpoy, or 
fivvrpot. Sometimes they used instead of a spoon, 
a hollowed piece of bread, also called nvarikr). 
(Pollux, vi. 07, x. 09; Aristoph. Equit. 1164 ; 
Suidas, i. v. nvcniki).) After eating they wiped 



their fingers on pieces of bread, called ojro/io-ySaA tou. 
( Pollux, vi 93.) They did not use any cloths or 
napkins ; the x ei P^>h taKT P a and 4Kfiaye7a, which 
are sometimes mentioned (Pollux, /. c), were towels, 
which were only used when they washed their 
hands. 

It appears that the arrangement of the dinner 
was entrusted to certain slaves. (Plato, Symp. c. 3. 
p. 175.) The one who had the chief management 
of it was called rpair(^oTroi6i or Tpo7refoK(S^oj 
(Athen. iv. p. 170, e. ; Pollux, iii. 41, vi. 13). 

It would exceed the limits of this work to give 
an account of the different dishes which were in- 
troduced at a Greek dinner, though their number 
is far below those which were usually partaken 
of at a Roman entertainment. The most common 
food among the Greeks was the fidfa (Dor. /io58a), 
a kind of frumenty or soft cake, which was pre- 
pared in different ways, as appears by the various 
names which were given to it. (Pollux, vi. 76.) 
The ndfa is frequently mentioned by Aristophanes. 
The (pvaTT) nd{a, of which Philocleon partakes on 
returning home from the courts (Aristoph. Vesp. 
610), is said by the Scholiast to have been made 
of barley and wine. The yu<*C a continued to the 
latest times to be the common food of the lower 
classes. Whcaten or barley bread was the second 
most usual species of food ; it was sometimes made 
at home, but more usually bought at the market of 
the aproira>\<u or aproir<i\iSes. The vegetables 
ordinarily eaten were mallows (/iaAaxi)), lettuces 
(■apiSa^), cabbages (f>d<p<u>oi), beans (Kvafioi), 
lentils (tpoKai), &c. Pork was the most favourite 
animal food, as was the case among the Romans ; 
Plutarch (Symp. iv. 5. § 1 ) calls it to SiKatdraTov 
xpias. Sausages also were very commonly eaten. 
It is a curious fact, which Plato (De Hep. iii. 
c. 13. p. 404) has remarked, that we never read 
in Homer of the heroes partaking of fish. In later 
times, however, fish was one of the most favourite 
foods of the Greeks, insomuch so that the name of 
ttyov was applied to it kqt' ityxnv. (Athen. vii. 
p. 276, c.) A minute account of the fishes which 
the Greeks were accustomed to cat, is given at the 
end of the seventh book of Athenaeus, arranged in 
alphabetical order. 

The ordinary meal for the family was cooked 
by the mistress of the house, or by the female 
slaves under her direction ; but for special occa- 
sions professional cooks (/id-yeipoi) were hired, of 
whom there appear to have been a great number. 
(Diog. Laert. ii. 72.) They arc frequently men- 
tioned in the fragments of the comic poets ; and 
those who were acquainted with all the refine- 
ments of their art were in great demand in other 
parts of Greece besides their own country. The 
Sicilian cooks, however, had the greatest reputa- 
tion (Plato, Dt Hep. iii. c. 13. p. 404), and a 
Sicilian hook on cookery by one Mithaccus is 
mentioned in the Gorgias of Plato (c. 156. p. 518. 
Compare Maxim. Tyr. Diss. iv. 5) ; but the most 
celebrated work on the subject was the Taarpo- 
koyia of Archcstratus. (Athen. iii. p. 104. b.) 

A dinner given by an opulent Athenian usually 
consisted of two courses, called respectively ■wpSnax 
rpdirt(at and !f intpat rpdwtfa. Pollux (vi. 831, 
indeed, speaks of three rourse.% which was the 
number nt a Roman dinner ; and in the same 
way we find other writers under the Roman 
empire speaking of three courses at Greek din- 
ners ; but before the Roman conquest of Greece 
x 



306 



COENA. 



COENA. 



and the introduction of Roman customs, we only 
read of two courses. The first course embraced 
the whole of what we consider the dinner, namely, 
fish, poultry, meat, &c. ; the second, which cor- 
responds to our dessert and the Roman bellaria, 
consisted of different kinds of fruit, sweetmeats, 
confections, &c. 

When the first course was finished the tables 
were taken away (alpeiv, awaipeiv, ziraipeiv, 
cupaipt'iv, iK<p(peiv, tiatna^ziv ras Tpcnre'^as), and 
water was given to the guests for the purpose of 
washing their hands. Crowns made of garlands of 
flowers were also then given to them, as well as 
various kinds of perfumes. (Philyll. ap. Athen. ix. 
p. 408, e.) Wine was not drunk till the first 
course was finished ; but as soon as the guests 
had washed their hands, unmixed wine was intro- 
duced in a large goblet, called pe-raviitTpov or fiera- 
viirrpis, of which each drank a little, after pouring 
out a small quantity as a libation. This liba- 
tion was said to be made to the " good spirit " 
(ayaQov ia.ip.ovos), and was usually accompanied 
with the singing of the paean and the playing of 
flutes. After this libation mixed wine was 
brought in, and with their first cup the guests 
drank to Aibs 2«T7jpos. (Xen. Symp. ii. 1 ; Plato, 
Symp. c. 4. p. 176 ; Diod. Sic. iv. 3 ; Suidas, s. v. 
'AyaBov Aa.ip.ovos.) With the airovSai, the Seiirvov 
closed ; and at the introduction of the dessert 
(Seirrepcu Tpa-irefc") the ttStos, (rvp-irSaioi', or 
Kwpos commenced, of which an account is given in 
the article Symposium. (Becker, Cliarikles, vol. i. 
pp. 411—450.) 

2. Roman. In the following account of Roman 
meals, we take the ordinary life of the middle ranks 
of society in the Augustan age, noticing incidentally 
the most remarkable deviations, either on the side 
of primitive simplicity or of late refinement. 

The meal with which the Roman sometimes be- 
gan the day was the jentaculum, a word derived, 
as Isidore would have us believe, ajejmiio solvendo, 
and answering to the Greek a.Kpa.Tio-p.a. Festus 
tells us that it was also called prandicula or silatum. 
Though by no means uncommon, it does not ap- 
pear to have been usual, except in the case of 
children, or sick persons, or the luxurious, or, as 
Nonius adds (De Re Cib. i. 4), of labouring men. 
An irregular meal (if we may so express it) was 
not likely to have any very regular time : two epi- 
grams of Martial, however, seem to fix the hour at 
about three or four o'clock in the morning. (Mart. 
Ep. xiv. 233, viii. 67. 9.) Bread, as we learn 
from the epigram just quoted, formed the substan- 
tial part of this early breakfast, to which cheese 
(Apul.il/ri. i. p. 110, ed. Francof. 1621), or dried 
fruit, as dates and raisins (Suet. Aug. 76) were 
sometimes added. The jentaculum of Vitellius 
(Suet. Vit. c. 7. c. 13) was doubtless of a more 
solid character ; but this was a case of monstrous 
luxury. 

Next followed the prandium or luncheon, with 
persons of simple habits a frugal meal — 

" Quantum interpellet inani 
Ventre diem durare." 

Hor. Sat. i. 6. 127, 128. 

As Horace himself describes it in another place 
(Sat. ii. 2. 17), 

" Cum sale panis 
Latrantem stomachum bene leniet," 



agreeably with Seneca's account (Ep. 84), Panis 
deinde siccus et sine mensa prandium, post quod 
non sunt lavandae mantis. From the latter pas- 
sage we learn incidentally that it was a hasty 
meal, such as sailors (Juv. Sat. vi. 101) and soldiers 
(Liv. xxviii. 14) partook of when on duty, with- 
out sitting down. The prandium seems to have 
originated in these military meals, and a doubt has 
been entertained whether in their ordinary life the 
Romans took food more than once in the day. 
Pliny (Ep. iii. 5) speaks of Aufidius Bassus as fol- 
lowing the ancient custom in taking luncheon ; but 
again (Ep. iii. 1), in describing the manners of an 
old-fashioned person, he mentions no other meal 
but the coena. The following references (Sen. Ep. 
87 ; Cic. ad Att. v. 1 ; Mart. vi. 64) seem to prove 
that luncheon was a usual meal, although it can- 
not be supposed that there were many who, like 
Vitellius, could avail themselves of all the various 
times which the different fashions of the day al- 
lowed (Suet. Vit. 13). It would evidently be 
absurd, however, to lay down uniform rules for 
matters of individual caprice, or of fashion at best. 

The prandium, called by Suetonius (Aug. 78) 
cibus meridianus, was usually taken about twelve 
or one o'clock. (Suet. Col. 58, Claud. 34.) For 
the luxurious palate, as we gather incidentally 
from Horace's satires, very different provision was 
made from what was described above as his own 
simple repast. Fish was a requisite of the table 
(Sat. ii. 2. 16) — 

" Foris est promus, et atrum 
Defendens pisces hyemat mare," 

to which the choicest wines, sweetened with the 
finest honey, were to be added — ■ 

" Nisi Hymettia mella Falerno 
Ne biberis diluta," 

which latter practice is condemned by the learned 
gastronomer (Sat. ii. 4. 26), who recommends a 
weaker mixture — 

" Leni praecordia mulso 
Prolueris melius," 

and gravely advises to finish with mulberries fresh 
gathered in the morning (Ibid. 21 — 23 ; see Tate's 
Horace, 2nd ed. pp. 97 — 106). 

The words of Festus, coena apud antiquos dice- 
batur quod nunc prandium, have given much trouble 
to the critics, perhaps needlessly, when we remem- 
ber the change of hours in our own country. If 
we translate coena, as accordhig to our notions we 
ought to do, by " dinner," they describe exactly 
the alteration of our own manners during the last 
century. The analogy of the Greek word ieiirvov, 
which, according to Athenaeus, was used in a 
similar way for apio-rov, also affords assistance. 
Another meal, termed merenda, is mentioned by 
Isidore and Festus, for which several refined dis- 
tinctions are proposed ; but it is not certain that 
it really differed from the prandium. 

The table, which was made of citron, maple-wood, 
or even of ivory (Juv. Sat. xi.), was covered with 
a mantele, and each of the different courses, some- 
times amounting to seven (Juv. Sat. i. 95), served 
upon a ferculum or waiter. In the " munda 
supellex " of Horace, great care was taken 

" Ne turpe toral, ne sordida mappa 
Corruget nares ; ne non et cantharus et lanx 
Ostendat tibi te." Ep. i. 5. 22—24. 



COENA. 



COEXA. 



307 



And on the same occasion, the whole dinner, which 
consisted of vegetables, was served up on a single 
platter (v. 2 ). 

To return to our description, the dinner usually 
consisted of three courses : first, the promulsis or 
antecoena (Cic. ad Fam. ix. 20), called also gustatio 
(Petron. Sat. 31), made up of all sorts of stimu- 
lants to the appetite, such as those described by 
Horace {Sat. ii. 8. 9), 
" Rapula, lactucae, radices, qualia lassum 
Pcrvcllunt stomachum, siser, alec, faecula Coa." 

Eggs also (Cic. ad Fam. ix. 20 ; Hor. Sat. i. 3. 6) 
were so indispensable to the first course that 
they almost gave a name to it (ah oro L'sijue ad 
mala). In the jrromulsis of Trimalchio's supper 
(Petron. 31) — probably designed as a satire on 
the emperor Nero — an ass of Corinthian brass is 
introduced, bearing two panniers, one of white, 
the other of black olives, covered with two large 
dishes inscribed with Trimalchio's name. Next 
come dormice (glires) on small bridges sprinkled 
with poppy-seed and honey, and hot sausages (totna- 
cula) on a silver gridiron (craticula), with Syrian 
prunes and pomegranate berries underneath. These, 
however, were imperial luxuries ; the frugality of 
Martial only allowed of lettuce and Sicenian olives ; 
indeed he himself tells us that the promulsis was 
a refinement of modem luxury (Ep. xiii. 14. 1). 
Macrobius (Sal. ii. 9) has left an authentic record 
of a cnena ptmtificum (see Hor. C'arm. ii. 14. 2(1), 
given by Lentulus on his election to the office of 
fiamen, in which the first course alone was made 
up of the following dishes : — Several kinds of 
shell-fish (echini, ostreae crudae, pelorides, spondyli, 
glycomurides, murices purj/urae, balani alii el 
nigri), thrushes, asparagus, a fatted hen (gallina 
rjtilis), bcccaficoes (ficedulae), nettles (urticae), 
the haunches of a goat and wild boar (lumbi cupra- 
gini, aprugni), rich meats made into pasties (a/tilia 
ar /anna imoluta), many of which are twice re- 
peated in the inventory. 

It would far exceed the limits of this work even 
lo mention all the dishes which formed the second 
counc of a Roman dinner, which, whoever likes, 
may find minutely described in Bulengerus. (he 
Convimit, ii. and iii.) Of birds, the Guinea hen 
(Afra avis), the pheasant (pliasiuna, so called from 
Phasis, a river of Colchis), and the thrush, were 
most in repute ; the liver of a capon steeped in 
milk (Pliny), and bcccaficoes (ficedulae) dressed 
with pepper, were held a delicacy. (Mart. iii. 5.) 
The peacock, according to Macrobius (Sat. ii. 9), 
was first introduced by Hortcnsius the orator, at 
an inaugural supper, and acquired such repute 
among the Roman gourmands as to be com- 
monly sold for fifty denarii. Other birds are 
mentioned, as the duck (anas, Mart. xiii. 52), 
especially its head and breast ; the woodcock 
(altagen), the turtle, and flamingo ( phornimptrrun. 
Mart. xiii. 71), the tongue of which, Martial tclll 
us, especially commended itself to the delicate 
palate. Of fish, the variety was perhaps still 
greater : the charr (srarus), the turbot (rlumiliu*), 
the sturgeon (ariprn$er), the mullet (mullus), 
were highly prized, and dressed in the most 
various fashions. In the banquet of Xnsidienus, 
an eel is brought, garnished with prawns swim- 
ming in the sauce. (Mart. Xenia, xiii.) Of solid 
meat, pork serin* to have been * Ii •- f.i\ ■mrit-- d:-h, 
especially sucking-pig (Mart. xiii. 41) ; the paps 



of a sow served np in milk (sumen, Ibid. Ep. 44), 
the flitch of bacon (petaso, Ep. 55), the womb of 
a sow (vulva, Ep. 56), are all mentioned by 
Martial. Boar's flesh and venison were also in 
high repute, especially the former, described by 
Juvenal (Sat. i. 141) as animal propter convivia 
natum. Condiments were added to most of 
these dishes : such were the muria, a kind of 
pickle made from the tunny fish (Mart. xiii. 103) ; 
the garum sociorum, made from the intestines of 
the mackerel (sco7}iber), so called because brought 
from abroad ; alee, a sort of brine ; faex, the sedi- 
ment of wine, Ace, for the receipts of which we 
must again refer the reader to Catius's learned 
instructor. (Hor. Sat. ii. 4.) Several kinds of 
fungi (Ibid. v. 20) are mentioned, trufles (boleli), 
mushrooms (tuberes), which either made dishes by 
themselves, or formed the garniture for larger dishes. 

It must not be supposed that the artistes of im- 
perial Rome were at all behind ourselves in the 
preparation and arrangements of the table. In a 
large household, the functionaries to whom this 
important part of domestic economy was entrusted 
were four, the butler {promus), the cook (archi- 
magirus), the arranger of the dishes (structor), 
and the carver (carptor or scissor). Carving was 
taught as an art, and, according to Petronius (35, 
36), performed to the sound of music, with appro- 
priate gesticulations (Juv. Sat. v. 121), 

" Ncc minimo sane discrimine rcfert 
Quo vultu lepores et quo gallina secctur." 

In the supper of Petronius, a large round tray 
(ferculum, repositorium) is brought in, with the 
signs of the zodiac figured all round it, upon each 
of which the artiste (structor) had placed some ap- 
propriate viand, a goose on Aquarius, a pair of 
scales with tarts (scriblitae) and cheesecakes ( pla- 
centae) in each scale on Libra, &c. In the middle 
was placed a hive supported by delicate herbage. 
Presently four slaves come forward dancing to the 
sound of music, and take away the upper part of 
the dish ; beneath appear all kinds of dressed 
meats ; a hare with wings, to imitate Pegasus, 
in the middle ; and four figures of Marsyas at the 
corners pouring hot sauce (garum piperatum) over 
the fish, that were swimming in the Euripus be- 
low. So entirely had the Romans lost all shame 
of luxury, since the days when Cincius, in support- 
ing the Fannian law, charged his own age with 
the enormity of introducing the porcus Trojanus 
(a sort of pudding stuffed with the flesh of other 
animals, Macrob. Sat. ii. 2). 

The bellaria or dessert, to which Horace alludes 
when he says of Tigellius ah oro Usque ad mala 
citarrt, consisted of fruits (which the Romans 
usually ate uncooked ),such as almonds (amygdalae), 
dried grapes (uvae passae), dates ( palmu/ae, laryo- 
tae, dactyli) ; of sweetmeats and confections, called 
riluliu mrllitn, dulriaria, such a* cheesccakei (ra- 
ped iar, crustula, Wm, placentae, artolngani), almond 
cakes (eoptae), tarts (srril/ljj'ir ), whence the maker 
of them was called pistor dulciarius, placentaritu, 
litxirius, &c. 

W'c will now suppose the table spread and the 
guests at^embh'd, each with hit mappa or unpkin 
(Mart. xii. 29), and in his dinner dress, called 
ciH-natnria or ruhiloria, usually of n bright colour 
( l'etron. c. 21 ), and \arieifute<| with flowers. First 
they took off their shoes for fear of soiling the 
couch (Mart. iii. 30), which was often inlaid with 
x 2 



308 



COENA. 



COENA. 



ivory or tortoiseshell, and covered with cloth of 
gold. Next they laid down to eat (Hor. Sat. 

i. 4. 39), the head resting on the left elbow and 
supported by cushions. (Mart. iii. 8.) There 
were usually, but not always, three on the same 
couch (Hor. Sat. i. 4. 86), the middle place being 
esteemed the most honourable. Around'the tables 
stood the servants (ministri) clothed in a tunic 
(Hor. Sat. ii. 6. 107), and girt with napkins (Suet. 
Cat. 26) : some removed the dishes and wiped the 
tables with a rough cloth (gausape, Hor. Sat. ii. 
8. 11), others gave the guests water for their 
hands, or cooled the room with fans. (Mart. iii. 
82.) Here stood an Eastern youth (Juv. Sat. v. 
55) behind his master's couch, ready to answer 
the noise of the fingers (digiti crepitus, Mart. vi. 
89), while others bore a large platter (mazonomum) 
of different kinds of meat to the guests. (Hor. Sat. 

ii. 8. 86.) 

Whatever changes of fashion had taken place 
since primitive times, the coena in Cicero's day 
(ad Att. ix. 7) was at all events an evening meal. 
It was usual to bathe about two o'clock and dine 
at three, hours which seem to have been observed, 
at least by the higher classes, long after the Au- 
gustan age. (Mart. iv. 8. 6, xi. 53. 3 ; Cic. ad 
Fam. ix. 26 ; Plin. Ep. iii. 1.) When Juvenal 
mentions two o'clock as a dinner hour, he evi- 
dently means a censure on the luxury of the person 
named (Sat. i. 49, 50), 

" Exul ab octava Marius bibit." 

In the banquet of Nasidienus, about the same hour 
is intended when Horace says to Fundanius, 

" Nam mihi quaerenti convivam dictus here illic 
De medio potare die." 

Horace and Maecenas used to dine at a late 
hour about sunset. (Hor. Sat. ii. 7. 33, Ep. i. 
5. 3.) Perhaps the various statements of classical 
authors upon this subject can only be reconciled by 
supposing that with the Romans, as with ourselves, 
there was a great variety of hours in the different 
ranks of society. 

Dinner was set out in a room called coenatio or 
diaeta (which two words perhaps conveyed to a 
Roman ear nearly the same distinction as our 
dining-room and parlour). The coenatio, in rich 
men's houses, was fitted up with great magnificence. 
(Sen. Ep. 90.) Suetonius (Nero, 31) mentions a 
supper- room in the golden palace of Nero, con- 
structed like a theatre, with shifting scenes to 
change with every course. In the midst of the 
coenatio were set three couches (triclinia'), answer- 
ing in shape to the square, as the long semicircular 
couches (sigmata) did to the oval tables. An 
account of the disposition of the couches, and of 
the place which each guest occupied, is given in 
the article Triclinium. 

The Greeks and Romans were accustomed, in 
later times, to recline at their meals ; though this 
practice could not have, been of great antiquity in 
Greece, since Homer never describes persons as 
reclining, but always as sitting, at their meals. 
Isidore of Seville (Orig. xx. 11) also attributes 
the same practice to the ancient Romans. Even 
in the time of the early Roman emperors, children 
in families of the highest rank used to sit together 
at an inferior table, while their fathers and elders 
reclined on couches at the upper part of the room. 
(Tacit. Ann. xiii. 16 ; Suet. Aug. 65, Claud. 32.) 



Roman ladies continued the practice of sitting 
at table, even after the recumbent position had 
become common with the other sex. (Varro, ap. 
Isid. Orig. xx. 1 1 ; Val. Max. ii. 1. § 3.) It ap- 
pears to have been considered more decent, and 
more agreeable to the severity and purity of ancient 
manners, for women to sit, more especially if many 
persons were present. But, on the other hand, we 
find cases of women reclining, where there was 
conceived to be nothing bold or indelicate in their 
posture. In some of the bas-reliefs, representing 
the visit of Bacchus to Icarus, Erigone, instead of 
sitting on the couch, reclines upon it in the bosom 
of her father. In Juvenal (Sat. ii. 120) a bride 
reclines at the marriage supper on the bosom of 
her husband ; which is illustrated by the following 
woodcut, taken from Montfaucon (Ant. Exp.Suppl. 
iii. 66). 



It seems intended to represent a scene of perfect 
matrimonial felicity. The husband and wife re- 
cline on a sofa of rich materials. A three-legged 
table is spread with viands before them. Their 
two sons are in front of the sofa, one of them sit- 
ting, in the manner above described, on a low 
stool, and playing with the dog. Several females 
and a boy are performing a piece of music for the 
entertainment of the married pair. 

It has been already remarked that, before lying 
down, the shoes or sandals were taken off. In all 
the ancient paintings and bas-reliefs illustrative of 
this subject, we see the guests reclining with naked 
feet ; and in those of them which contain the 





COGNATI. 

favourite subject of the visit of Bacchus to Icarus, 
we observe a faun performing for Bacchus this 
office. The preceding woodcut, taken from a terra 
cotta in the British Museum, representing this 
subject, both shows the naked feet of Icarus, who 
has partly raised himself from his couch to welcome 
his guest, and also that Bacchus has one of his 
feet already naked, whilst the faun is in the act of 
removing the shoe from the other. [B. J.] 

COENA'CULUM. [Domis.] 
COENA'TIO. [Coexa, p. 308, a.] 
COENATO'KIA. [Coexa, p. 307, b. ; Syn- 
thesis.] 

COGNA'TI. The following passage of Ulpian 
{Frag. tit. 2G. § 1 ) will explain the meaning of 
this term : — 

" The hereditates of intestate ingenui belong in 
the first place to their sui hercdes, that is, children 
who are in the power of the parent, and those who 
are in the place of children (as grandchildren for 
instance) ; if there are no sui heredes, it belongs to 
the consanguinci, that is, brothers and sisters by 
the same father (it was not necessary that they 
should be by the same mother) ; if there are no 
consanguinei, it belongs to the remaining nearest 
agnati, that is, to the cognati of the male sex, who 
trace their descent through males, and are of the 
same familia. And this is provided by a law 
of the Twelve Tables : — Si intestato moritur cui 
suus liera nec escit, agnatus proximus fuiniliam 
halxlo." 

Cognati arc all those who, according to the Jus 
Gentium or Jus Naturalc, are sprung from one per- 
son, whether male or female (cognati . . quasi ex 
unonati, Dig. 38. tit. 8. s. 1. § 1.). Pure Naturalis 
Cognatio exists between a woman, who is not in 
manu, and her children, whether born in marriage 
or not ; and among all persons who arc akin merely 
through the mother, without any respect to mar- 
riage. Consequently, children of one mother be- 
gotten in marriage and not begotten in marriage, 
and children of one mother begotten in marriage by 
different fathers, arc cognati. The natural relation- 
ship by procreation was called naturalis, as op- 
posed to cognatio cirilig or legitima, which, though 
founded on the naturalis cognatio, received from 
positive law a distinct character. This naturalis 
cognatio was often simply called cosmatio, and the 
civilis or legitima was called agnatio. Naturalis 
cognatio then, simply in itself, was no civilis cog- 
natio ; but agnatio was both cognatio naturalis and 
civilis. 

A correct notion of the term agnatus cannot be 
had without referring to the notion of the pntria 
potestas, and to one of the senses of the word 
lam ilia. In one sense, then, familia signifies all 
those free persons who are in the power (in patria 
potestatc manuve) of the same Roman citizen, who 
was paterfamilias, or head of a familia ; and in 
this sense familia signifies all those who arc united 
in one body by this common bond. It is a general 
term which comprehends all the agnati. The 
legitimate children of sons who were not eman- 
cipated were in the patria potestas, consequently 
formed part of the familia, and were agnnti. 
Adopted children were also in the adoptive father's 
power ; and consequently were ngnati, though they 
were not naturalcs cognati. Accordingly, if the 
lrgal agnatio, which arose from adoption, was dis- 
solved by emancipation, there remained no cognatio : 
but if the agnatio, which arose from cognatio, wus 



COLLEGIUM. 309 
dissolved by emancipation, there still remained the 
naturalis cognatio. The paterfamilias maintained 
his power over his familia so long as he lived, ex- 
cept over those who were emancipated, or passed 
into another familia, or in any way sustained a 
deminutio capitis. On his death, the common bond 
of the patria potestas was dissolved, and his sons 
became respectively heads of families ; that is, of 
persons who were in their power, or, with respect 
to one another, were agnati. But all these persons 
continued to be members of the same familia ; that 
is, they were still agnati, and consequentlv the 
agnatio subsisted among persons so long as they 
could trace back their descent through males to one 
common paterfamilias. 

Agnati, then, may be briefly explained to be 
those " who would be in the patria potestas, or in 
jus, as a wife in manus viri, or in the manus of a 
son who is in the father's power, it' the paterfami- 
lias were alive ; and this is true whether such 
persons ever were actually so or not." (Hugo, 
Lehrbuck, Sic.) 

The imperfection of an individual, as a living 
being, is completed, First, by marriage, which unites 
two persons of different sexes in a society for life. 
Second, the imperfection of an individual which 
arises from his limited existence, is completed in 
the institution of Roman law in the patria potestas, 
to which is attached, partly as a further develop- 
ment, partly as a more natural or less legal analogy, 
kinship : u as a further development in agnatio, 
which is only the residuum of a previous existing 
patria potestas with constant continuation ; as a 
natural analogy in cognatio, in which the jus gen- 
tium recognises the community of individuals 
which rests on descent, as the jus civile in 
agnatio." (Savigny, System, Sic. vol. i. p. 3-1 1, &c.) 

We must suppose then, in order to obtain a 
clear notion of agnatio, that if the male from 
whom the agnati claim a common descent were 
alive, and they were all in his power, or in his 
manus, or in the manus of those who are in his 
power, they would all be agnati. In order, then, 
that agnatio may subsist among persons, the 
male from whom the descent is claimed must have 
lost his patria potestas by death only, and not bv 
any capitis deminutio, and consequ ntly not by 
any of his children passing into any other patria 
potestas, or into the manus viri, which would in 
effect be passing into another agnatio ; for a person 
could not at the same time be an agnatus of two 
altogether different families. Accordingly, adoption 
destroyed the former agnatio, and the emancipa- 
tion of a son took away all his rights of agnatio, 
and his former agnati lost all their rights against 
him. 

The legal definition (Gains, iii. 10) that ngnati 
are those who are connected by legitima coirnntio, 
and that legitima cognatio is the cognatio through 
persons of the male sex, must be viewed solely 
with reference to the natural relntion ; for agnatio, 
as a civil institution, comprehended those who were 
adopted into the familia ; nnd further, those who 
were adopted out of the familia lost their former 
agnatio. 

The meaning of ronsanguinei has already been 
given by lilpian. Those who were of the same 
blood by both parents, were sometimes called 
({iTinani ; and rniuuinKUiiwi wi re those who had a 
common father only ; and uterini those who had a 
common mother only. 

x 3 



310 



COGNATI. 



Tritavus, 
Tritavia. 
6. 



Atavus, 
Atavia. — 

5. 

I 



Abavus, 



-Ahpatruus, 
Abamita, 
Abavia. — Abavunculus, 
Abmatertera. 
6. 



4. 
I 

111. 

Proavus, 
Proavia.— 



Avus, 
Avia. — 



— Propatruus, 

Proamita, 
Proavunculus 
Promatert.- 
5. 

j iii. 
1 — Patruus, 
Amita, 
Avunculus, 
Mater. Mag— 
4. 



Pater, 
Mater 



1. 



IS EAVE 

de cujus 
cognatione 
quaeritur. 



-Horum, 
Filius, 
Filia. 
6. 

iii. 

Patruus, 
Amita, — Propior, 
Avunculus, Sobrino, 
Matertera. — Sobrinave- 
3. 



. Frater, 
Soror, 
2. 



ii. 

Horum, 
Filius, 
Filia. 
3. 
I 

iii. 
Horum, 
Nepos, 
Neptis. 

4. 



Horum, 
Pronepos, 
Proneptis. 
5. 



Horum, 
Abnepos, 
Abneptis. 
6. 



Consobrinus — Sobrinus, 
Consobrina. Sobrina. 
4. 6. 



in. 



Horum, 
Filius, 
Filia. 
5. 
I 

iv. 
Horum, 

Nepos, 
Neptis. 
6. 



Filius, 
Filia. 



Nepos, 
Neptis. 



Pronepos, 
Proneptis. 



Abnepos, 
Abneptis. 



Adnepos, 
Adneptis. 
5. 



Trinepos, 
Trineptis. 

. 6. 

This table shows all the degrees of cognatio. 
The degree of relationship of any given person in 
this stemma, to the person with respect to whom 
the relationship is inquired after (is eave, &c), is 
indicated by the figures attached to the several 
words. The Roman numerals denote the degree 
of cognatio in the canon law ; and the Arabic 
numerals, the degrees in the Roman or Civil law. 
The latter mode of reckoning is adopted in Eng- 
land, in ascertaining the persons who are entitled 
as next of kin to the personal estate of an intestate. 
In the canon law, the number which expresses the 
collateral degree is always the greater of the two 
numbers (when they are different) which express 



COLLEGIUM. 

the distance of the two parties from the common 
ancestor ; but in the civil law, the degree of re- 
lationship is ascertained by counting from either of 
the two persons to the other through the common 
ancestor. All those words on which the same 
Roman, or the same Arabic, numerals occur, re- 
present persons who are in the same degree of 
cognatio, according to these respective laws, to the 
person is eave, &c. (Hugo, Lehrbuch, &c. ; Mare- 
zoll, Lehrbuch, &c. ; Dig. 38. tit. 10, De Gradibus, 
&c. ; Ulpianus, Frag. ed. Bbcking ; Booking, Jn- 
stitutionen.) [G. L.] 

CO'GNITOR. [Actio.] 

COGNO'MEN. [Nomen.J 

COHERES. [Heres.] 

COHORS. [Exercitus.] 

COLA'CRETAE (KwKaKpirai, also called 
KaiXayptrai), the name of very ancient magistrates 
at Athens, who had the management of all financial 
matters in the time of the kings. They are said 
to have derived their name from collecting certain 
parts of the victims at sacrifices (e'/c rov ayelpeiv 
Toy KwXas). The legislature of Solon left the 
Colacretae untouched ; but Cleisthenes deprived 
them of the charge of the finances, which he trans- 
ferred to the Apodectae, who were established in 
their stead. [Apodectae.] From this time the 
Colacretae had only to provide for the meals in the 
Prytaneium, and subsequently had likewise to pay 
the fees to the dicasts, when the practice of paying 
the dicasts was introduced by Pericles. (Aristoph. 
Vesp. 693, 724, with Schol. ; Etym. M. Phot. He 
sych. Suid. Tim. ; Ruhnk. ad Tim. Plat. Lex. p. 1 7 1 : 
Bockh, Pub!. Econ. of Athens, p. 173. &c, 2nd ed.) 

COLLA'TIO BONO'RUM. [Bonorum Col- 

LATIO.] 

COLLEGATA'RIUS. [Legatum.] 
COLLE'GIUM. The persons who formed a 
collegium, were called collegae or sodales. The 
word collegium properly expressed the notion of 
several persons being united in any office or for 
any common purpose (Liv. x. 13, 22 ; Tacit. Ami. 
iii. 31) ; it afterwards came to signify a body of 
persons, and the union which bound them together. 
The collegium was the iraipla of the Greeks. 

The notion of a collegium was as follows : — ■ 
A collegium' or corpus, as it was also called, must 
consist of three persons at least. (Dig. 50. tit. 16. 
s. 85.) Persons who legally formed such an asso- 
ciation were said corpus habere, which is equiva- 
lent to our phrase of being incorporatad ; and in 
later times they were said to be corporati, and the 
body was called a corporatio. Those who farmed 
the public revenues, mines, or salt works (salinae) 
might have a corpus. The power of forming such 
a collegium or societas (for this term also was 
used), was limited by various leges, senatuscon- 
sulta, and imperial constitutions. (Dig. 3. tit. 4.) 
Associations of individuals, who were entitled 
to have a corpus, could hold property in com- 
mon ; they could hold it, as the Roman jurists 
remark, just as the state held property (res com- 
munes). These collegia had a common chest, and 
could sue and be sued by their syndicus or actor. 
That which was due to the collegium or universitas 
(for this was a still more general term), was not 
due to the individuals of it ; and that which the 
collegium owed, was not the debt of the individuals. 
The property of the collegium was liable to be 
seized and sold for its debts. The collegium or 
universitas was governed by its own regulations 



COLLEGIUM. 



COLONATL'3. 



311 



which might he any regulations that the memhers 
agreed upon, provided they were not contrary to 
law : this provision, as Gains conjectures (Dig. 
47. tit 22), was derived from a law of Solon, 
which he quotes. The collegium still subsisted, 
though all the original members were changed. 
Collegia of all kinds may be viewed under two 
aspects, — as having some object of administration 
either public or not public, which object is often 
the main purpose for which they exist, or as being 
capable of holding property and contracting' and 
owing obligations. As having some object of ad- 
ministration, they are viewed as units (masistratus 
municipales cum unum magistratum administrent, 
etiam unius hominis vicem sustinent (Dig. 50. tit. 1. 
s. 25). As having a capacity to hold property, they 
are purely fictitious or artificial personages, and, 
consequently, thus conceived, it is not all the mem- 
bers who are supposed to compose this artificial 
person, but the members are the living persons by 
whose agency this artificial person does the acts 
which arc necessary for the acquisition and admi- 
nistration of its property. It is only with reference 
to the purposes of ownership and contracts, that an 
artificial person has an existence as a person. There 
arc some further remarks under Universitas. 

A lawfully constituted collegium was legiti- 
mum. Associations of individuals, which affected 
to act as collegia, but were forbidden by law, were 
called illicita. 

It does not appear how collegia were formed, 
except that some were specially established by legal 
authority. (Liv. v. 50, 52 ; Suet. Cues. 42, Aug. 
32 ; Dig. 3. tit. 4. s. 1.) Other collegia were 
probably formed by voluntary associations of indi- 
viduals under the provisions of some general legal 
authority. This supposition would account for the 
fact of a great number of collegia being formed in 
the courae of time, and many of them being occa- 
sionally suppressed as not legitima. 

Some of these corporate bodies resembled our 
companies or guilds ; such were the fabrorum, pis- 
torum, &c. collegia. (Lampridius, Alex, fjereru*, 
33.) Others were of a religious character ; such 
as the pontificum, augurum, fratrum arvalium 
collegia. Others were bodies concerned about 
government and administration ; as tribunorum 
plebis (Liv. xlii. 32), quaestorum, decurionum 
collegia. The titles of numerous other collegia 
may be collected from the Roman writers, and 
from inscriptions. 

According to the definition of a collegium, the 
consuls being only two in number were not a col- 
legium, though each was called collega with re- 
spect to the other, and their union in office was 
called collegium. The Itomans never called the 
individual who, for the time, filled an office of 
perpetual continuance, a univcrsitas or collegium, 
for that would have been a contradiction in terms, 
which it has been reserved for modern times to 
introduce, under the name of a corporation sole. 
But the notion of one person succeeding to all tin- 
rights of a predecessor was familiar to tin- Unmans 
in the case of a single hercs, and the same notion 
must have existed with respect to individuals who 
held nny office in perpetual succession. 

According to I'lpinn, n universilas, though re- 
duced to a single member, was still considered ■ 
univcrsitas ; for the individual possessed all the 
rights of the univcrsitas, and used the name by 
which it was distinguished. (Dig. 3. tit. 4. i. 7.) 



AVhen a new member was taken into a colle- 
gium, he was said co-oplari, and the old members 
were said with respect to him, recipere in collegium. 
The mode of filling up vacancies would vary in dif- 
ferent collegia. 

Civitates and res publicae (civil communities) 
and municipia (in the later sense of the term) 
were viewed as fictitious persons. 

According to Pliny (Ep. v. 7 ; Ulp. Fr. tit. 22. 
s. 5) res publicae and municipia could not take 
as heres ; and the reason given is, that they were a 
corpus inccrtum, and so could not ccmere heredila- 
tem ; that is, do those acts which a heres himself 
must do in order to show that he consents to be a 
heres, for the heres could not in this matter act 
by a representative. A res publica, therefore, as 
being a fictitious person, could not do the necessary 
act. Municipia, like other fictitious persons, 
could, however, acquire property in other ways, 
and bv means of other persons, whether bond or 
free (Dig. 41. tit 2. s. 1. § 22) : and they could 
take fideicommissa under the senatusconsultum 
Apronianum which was passed in the time of 
Hadrian, and extended to licita collegia in the 
time of M. Aurelius. (Dig. 34. tit. 5. s. 21.) By 
another senatusconsultum, the libcrti of municipia 
might make the municipes their heredes. The gods 
could not be made heredes, except such deities as 
possessed this capacity by special senatuscon- 
sulta or imperial constitutions, such as Jupiter 
Tarpcius, &c. (Ulp. Fr. tit. 22. s. 6.) By a con- 
stitution of Leo (Cod. vi. tit 24. s. 1 2) civitates 
obtained the capacity to tike property as heredes. 
As early as the time of Ncrva and Hadrian, civi- 
tates could take legacies. 

Though civitates within the Roman empire 
could not originally receive gifts by will, yet in- 
dependent states could receive gifts in that way 
(Tacit Aim. nr. 43), a case which furnishes no 
objections to the statement above made by Pliny 
and Ulpian. In the same way the Roman state 
accepted the inheritance of Attalus, king of Per- 
gamus, a gift which came to them from a foreigner. 
The Roman lawyers considered such a gift to be 
accepted by the jus gentium. (Dig. 3. tit 4 ; 47. 
tit. 22 ; Savigny, System, &c. vol. ii. p. 235. &c.) 
[Universitas.] [ G. L.] 

COLONATUS, COLO'NI. The Coloni of 
the later Imperial period formed a class of agri- 
culturists, whose condition has been the subject of 
elaborate investigation. 

These Coloni were designated by the various 
names of Coloni, Rustici, Originarii, Adsrriptitii, 
Inquilini, Tribufuii, Censiti. A person might be- 
come a Colonus by birth, with reference to which 
the term Originnrins was used. When both the 
parents were Coloni and belonged to the same 
master, the children were Coloni. If the father 
was a Colonus and the mother a slave, or con- 
versely, the children followed the condition of the 
mother. If the father was free and the mother a 
Colona, the children were Coloni and belonged to 
the master of the mother. If the father was a 
Colonus and the mother free, the children before 
the time of Justinian followed the condition of the 
father: afterwards Justinian declared such chil- 
dren to be free, but finally he redueed them to the 
condition of Coloni. If both parents were Coloni 
and belonged to different masters, it was finally 
settled that the mnsters should divide the children 
I between them, nnd if there was an odd one, it 
x 4 



S12 COLONATUS. 



COLONATUS. 



should go to the owner of the mother. If a man 
lived for thirty years as a Colonus, he became the 
Colonus of the owner of the land on which he 
lived ; and though he was still free, he could 
not leave the land : and a man who had pos- 
sessed for thirty years a colonus belonging to 
another, could defend himself against the claims of 
the former owner by the Praescriptio triginta an- 
norum. A constitution of Valentinian III. de- 
clared how free persons might become Coloni by 
agreement ; and though there is neither this nor 
any similar regulation in the Code of Justinian, 
there is a passage which apparently recognizes 
that persons might become Coloni by such agree- 
ment. (Cod. xi. tit. 47. s. 22.) 

The Coloni were not slaves, though their con- 
dition in certain respects was assimilated to that 
of slaves ; a circumstance which will explain their 
being called servi terrae, and sometimes being con- 
trasted with liberi. They had, however, connu- 
bium, which alone is a characteristic that dis- 
tinguishes them clearly from slaves. (Cod. xi. tit. 
47. s. 24.) But, like slaves, they were liable to 
corporal punishment, and they had no right of 
action against their master, whose relation to 
them was expressed by the term Patronus. (Cod. 
Theod. v. tit. 11.) The colonus was attached 
to the soil, and he could not be permanently 
separated from it by his own act, or by that 
of his patronus, or by the consent of the two. 
The patronus could sell the estate with the coloni, 
but neither of them without the other. (Cod. xi. 
tit. 47. s. 2. 7.) He could, however, transfer 
superabundant cnloni from one to another of his 
own estates. When an estate held in common 
was divided, married persons and relations were 
not to be separated. The ground of there being 
no legal power of separating the coloni and the 
estate was the opinion that such an arrangement 
was favourable to agriculture, and there were also 
financial reasons for this rule of law, as will pre- 
sently appear. The only case in which the colonus 
could be separated from the land was that of his 
becoming a soldier, which must be considered to 
be done with the patron's consent, as the burden 
of recruiting the army was imposed on him, and in 
this instance the state dispensed with a general 
rule for reasons of public convenience. 

The colonus paid a certain yearly rent for the 
land on which he lived : the amount was fixed by 
custom and could not be raised ; but as the land- 
owner might attempt to raise it, the colonus had in 
such case for his protection a right of action 
against him, which was an exception to the gene- 
ral rule above stated. (Cod. xi. tit. 47. s. 5.) 
There were, however, cases in which the rent was 
fixed by agreement. 

A further analogy between the condition of 
Servi and Coloni appears from the fact of the pro- 
perty of Coloni being called their Peculium. It is 
however, distinctly stated that they could hold pro- 
perty (Cod. Theod. v. tit. 11) ; and the expressions 
which declare that they could have nothing " pro- 
pria " (Cod. xi. tit. 49. s. 2) seem merely to de- 
clare that it was not propria in the sense of their 
having power to alienate it, at least without the 
consent of their patroni. It appears that a co- 
lonus could . make a will, and that if he made 
none, his property went to his next of kin ; for if 
a bishop, presbyter, deacon, &c, died intestate 
and without kin, his property went to the church i 



or convent to which he belonged, except such as he 
had as a colonus, which went to his patronus, who 
with respect to his ownership of the land is called 
Dominus possessionis. (Cod. Theod. v. tit. 3.) 
Some classes of Coloni had a power of alienating 
their property. (Cod. xi. tit. 47. s. 23.) 

The land-tax due in respect of the land occupied 
by the colonus was paid by the dominus ; but the 
coloni were liable to the payment of the poll-tax, 
though it was paid in the first instance by the 
dominus who recovered it from the colonus. The 
liability of the colonus to a poll-tax explains why 
this class of persons was so important to the state, 
and why their condition could not be changed 
without the consent of the state. It was only 
when the colonus had lived as a free man for 
thirty years that he could maintain his freedom by 
a praescriptio, but Justinian abolished this prae- 
scriptio, and thus empowered the dominus to assert 
his right after any lapse of time. (Cod. xi. tit. 47. 
s. 23.) With respect to their linbility to the poll- 
tax, the coloni were called tributarii, censiti or 
censibus obnoxii, adscriptiiii, adscriptitiae conditionis, 
and censibus adscripti. This term adscriptio ap- 
pears to have no reference to their being attached 
to the land, but it refers to their liability to the 
poll-tax as being rated in the tax-books, and ac- 
cordingly we find that the Greek term for Ad- 
scriptitius is 'Evaw6ypa<pos. 

As the Coloni were not servi, and as the class 
of Latini and peregrini hardly existed in the later 
ages of the Empire, we must consider the Coloni 
to have had the Civitas, such as it then was ; and 
it is a consequence of this that they had connubium 
generally. A Constitution of Justinian, however 
(Nov. 22. c. 17), declared the marriage of a colonus, 
who belonged to another person, and a free woman 
to be void. The Constitution does not seem to 
mean any thing else than that in this case the 
Emperor took away the Connubium, whether for 
the reasons stated by Savigny, or for other reasons, 
is immaterial. This special exception, however, 
proves the general rule as to Connubium. 

The origin of these Coloni is uncertain. They 
appear to be referred to in one passage of the 
Digest (Dig. 30. s. 112), under the name of In- 
quilinus, a' term which certainly was sometimes 
applied to the whole class of Coloni. The passage 
states, that if a man bequeaths, as a legacy, the 
inquilini without the praedia to which they adhere 
(sine praediis quibus adhaerent), it is a void legacy. 
Savigny conceives that this passage may be ex- 
plained without considering it to refer to the 
Coloni of whom we are speaking ; but the ex- 
planation that he suggests, seems a very forced 
one, and the same remark applies to his explanation 
of another passage in the Digest (50. tit. 15. s. 4). 
The condition of the old Clients seems to bear 
some relation to that of the Coloni, but all historical 
traces of one class growing out of the other are 
entirely wanting. 

Savigny observes that he does not perceive any 
historical connection between the villeins (villani) 
of modern Europe and the Coloni, though there is 
a strong resemblance between their respective con- 
ditions. There were, however, many important 
distinctions ; for instance, the villein services due 
to the lord had nothing corresponding to them in 
the case of the Coloni, so far as we know. Some 
modern writers would hastily infer an historical 
connection of institutions which happen to have 



COLOXATUS. 



COLOXIA. 



313 



resemblances. Littleton's Tenures, section 172, 
ice, and Bracton (fol. 6. 24), may be consulted as 
to the incidents of Villeinage. 

This view of the condition of the Coloni is from 
Savignv's Essay on the subject, which is translated 
in the Philological Museum, vol. ii. 

The question of the origin of these Coloni is 
examined at great length by A W. Zumpt, Ueher 
die Kntstehung und historische Entwickelunij des 
Cnlonats (Meinisrfies Museum fur Philvliyie, Neue 
Folge, 1845). The author is of opinion that the 
origin of the institution is to be traced to the 
settlement of Germanic people by the Roman em- 
perors within the limits of the empire. The 
earliest mention of Coloni, in the sense in which 
his essay treats of them, is, as he states, a consti- 
tution of Constantine a. d. 321 (Cod. Theod. 9. 
tit. 21. s. 1,2) which, however, gives no inform- 
ation about their condition. But a later consti- 
tution of Constantine, A. D. 332 (Cod. Theod. 5. 
tit. 9, de fugitives colonis) does give some inform- 
ation. The condition of these foreign settlers 
being once established, the author supposes that 
poor Roman citizens might enter into this condition, 
partly induced by the advantage of getting land, 
and partly, as he states, though it is not clearly 
explained, by legal compulsion. A constitution of 
Theodosius the Younger (Cod. Theod. 5. tit. 4, de 
bonis militum, s. 3, ed. Wenck), contains some 
valuable information on the colonization or settle- 
ment of the barbarians, and declares them to 
belong to the condition expressed by the term 
Colonatus. The t rm colonus often occurs in the 
writers who arc excerpted in the Digest (41. tit. 2. 
a. 30. § 5 ; 19. tit. 2. s. 3, 9. § 3 ; 19. tit. 1. 
a. 13. § 30, and else where) ; but these Coloni arc 
supposed to be merely a kind of tenants. The 
passage in the Digest (30. s. 112) which cites a 
constitution of Marcus Aurelius and Commodus, 
is supposed, by Zumpt, to mean ordinary tenants 
(miethcr, piichter) ; but it must be admitted, that 
it is rather difficult to accept this explanation, as 
already observed. The word Colonatus, it is 
stated, does not occur in the Digest ; but that 
negative fact proves little. The most probable 
solution of the question is, that the condition of 
the Coloni mentioned in the Digest was the model 
of the condition of the barbarians who were settled 
in the Roman empire ; and it is no objection to 
this that the condition of the barbarians might be 
made more burdensome and less free than that of 
the Coloni, who already existed. Xor is it 
against this supposition, if the condition of the 
barbarian Coloni gradually became the condition 
of all the Coloni. The reasons for fixing the bar- 
barian settlers to the soil arc obvious enough. 
The policy of the emperors was to people the 
country, nnd to disperse many of the tribes whose 
union would have been dangerous. If the results 
of Zumpt's inquiry cannot be admitted to their 
full extent, it must be allowed, that he has thrown 
great light on the subject, and probably approached 
as near ns possible to the solution of the difficulty, 
with the exception of his hypothesis, that the co- 
lonatus originated entirely in the settlement of these 
barbarians. It seems much more probable that 
the Romans modelled the barbarian settlements 
upon some institution that already existed, though 
this existing institution might not be precisely the 
name ns that subsequent institution to which the 
term Colonatus was peculiarly applied, ((i. L.] 



COLO XIA, a colony. 1. Greek. The com- 
mon Greek word for a colony is airomia and for 
a colonist airoucos. We also find, but not com- 
monly, iirotKia and eVoiKoi. (Thuc. ii. 27 ; 
Aristoph. Av. 1307.) The former words have 
reference to their being wanderers from their own 
home ; the latter words to their settling in a new 
home. The term icXrjpoux" 1 indicates a division 
of conquered lands amons Athenian citizens, and 
those who occupied such lands were called kAij- 
povxot : but as they were thus colonists, we some- 
times find the general term of ottoikoi applied to 
them. (Thuc. v. 116.) (Vomel, De Discrimine 
Vocal/ulorum KAnpoC^oJ, Hvoikos, Uttoikos, Frank- 
fort, 1839.) 

The earlier Greek colonies were usually com- 
posed of mere bands of adventurers, who left their 
native country, with their families and property, 
to seek a new home for themselves. Some of the 
colonics, which arose in consequence of foreign 
invasion or civil wars, were undertaken without 
any formal consent from the rest of the com- 
munity ; but usually a colony was sent out with 
the approbation of the mother country, and under 
the management of a leader (oi'(cictt7)s) appointed 
by it. But whatever may have been the orig n 
of the colony, it was always considered in a 
political point of view independent of the mother 
country (called by the Creeks iirirp6-noKis), and 
entirely emancipated from its control. At the same 
time, though a colony was in no political subjection 
to its parent state, it was united to it by the ties 
of filial affection ; and, according to the generally 
received opinions of the Greeks, its duties to the 
parent state corresponded to those of a daughter to 
her mother. (Dionvs. iii. 7 ; Polyb. xii. 10. § 3.) 
Hence, in all matters of common interest, the 
colony gave precedence to the mother 6tatc ; and 
the founder of the colony (oixio-r^s), who might 
be considered as the representative of the parent 
state, was usually worshipped, after his death, as a 
hero. (Herod, vi. 38 ; Thuc. T. 11; Diod. xi. 66, 
xx. 102.) Also, when the colony became in its 
tum a parent, it usually sought a leader for the 
colony which it intended to found from the ori- 
ginal mother country (Thuc. i. 24) ; and the same 
feeling of respect was manifested by embassies 
which were sent to honour the principal festivals 
of the parent state (Diod. xii. 30; Wcsseling, ad 
loc.), and also by bestowing places of honour and 
other marks of respect upon the ambassadors and 
other members of the parent state, when they 
visited the colony at festivals and similar occasions. 
(Thuc. i. 2.5.) The colonists also worshipped in 
their new settlement the same deities as they had 
been accustomed to honour in their native country ; 
the sacred fire, which was constantly kept burn- 
ing on their public hearth, was Liken from the 
I'rytaneium of the parent city ; and, according to 
one account, the priests who ministered to the gods 
in the colony, were brought from the parent state. 
(Schol. wl Thuc. i. 25 ; compare Tacit. Aim. ii. 54.) 
In the same spirit, it was considered n vi datinn 
of sacred ties for a mother country and a colony 
to make war upon one another. (Herod, viii. 22 ; 
Thuc. i. 38.) 

The preceding nccount of the relations between 
the (ireek Colonies nnd the mother country is 
elucidated by the history which Thucydidcs gives 
us of the quarrel between Corcyrn nnd Corinth. 
Corcyra was a colony of Corinth, nnd Kpidauinus 



314 



COLONIA. 



COLONIA. 



ft colony of Corcyra ; but the leader {o\ki<T7t]s) of 
the colony of Epidamnus was a Corinthian who 
was invited from the metropolis Corinth. In 
course of time, in consequence of civil dissensions 
and attacks from the neighbouring barbarians, the 
Epidamnians applied for aid to Corcyra, but their 
request was rejected. They next applied to the 
Corinthians, who took Epidamnus under their 
protection, thinking, says Thucydides, that the 
colony was no less theirs than the Corinthians' : 
and also induced to do so through hatred of the 
Corcyraeans, because they neglected them though 
they were colonists ; for they did not give to the 
Corinthians the customary honours and deference 
in the public solemnities and sacrifices as the other 
colonies were wont to pay to the mother country. 
The Corcyraeans who had become very powerful 
by sea, took offence at the Corinthians receiving 
Epidamnus under their protection, and the result 
was a war between Corcyra and Corinth. The 
Corcyraeans sent ambassadors to Athens to ask 
assistance ; and in reply to the objection that they 
were a colony of Corinth, they said " that every 
colony, as long as it is treated kindly, respects the 
mother country : but when it is injured, is alienated 
from it ; for colonists are not sent out as subjects, 
but that they may have equal rights with those 
that remain at home." (Thuc. i. 34.) 

It is true that ambitious states, such as Athens, 
sometimes claimed dominion over other states on 
the ground of relationship ; but, as a general rule, 
colonies may be regarded as independent states, 
attached to their metropolis by ties of sympathy 
and common descent, but no further. The case of 
Potidaea, to which the Corinthians sent annually 
the chief magistrates ($T)/j.wvpyo'i), appears to have 
been an exception to the general rule. (Thuc. i. 
56.) 

The K\7jpovxiai, of which mention was made 
above, were colonies of an entirely different kind 
from the amoiiclcu, of which we have hitherto been 
speaking. They belonged exclusively to the 
Athenians ; and the earliest example to which the 
term, in its strict sense, is applicable, is the occu- 
pation of the domains of the Chalcidian knights 
(iWoSoVcu) by four thousand Athenian citizens, 
B. c. 506. (Herod, v. 77 ; comp. vi. 100.) 

In assigning a date to the commencement of 
this system of colonisation, we must remember 
that the principle of a division of conquered lands 
had existed from time immemorial in the Grecian 
states. Nature herself seemed to intend that the 
Greek should rule and the barbarian obey ; and 
hence, in the case of the barbarian, it wore no ap- 
pearance of harshness. Such a system, however, 
was more rare between Greek and Greek. Yet 
the Dorians in their conquest of the Peloponnese. 
and still more remarkably in the subjugation of 
Messenia, had set an example. In what then did 
the Athenian KA-qpovxta' differ from this division 
of territory, or from the ancient colonies ? In the 
first place the name, in its technical sense, was of 
later date, and the Greek would not have spoken 
of the KAijpoux'ai of Lycurgus, any more than 
the Roman of the " Agrarian laws " of Romulus 
or Ancus. Secondly, we should remember that 
the term was always used with a reference to the 
original allotment : as the lands were devised or 
transferred, and the idea of the first division lost 
sight of, it would gradually cease to be applied. 
The distinction, however, between KKripovxoi and 



&1TOMOI was not merely one of words but of things. 
The earlier colonies usually originated in private 
enterprise, and became independent of, and lost 
their interest in, the parent state. On the other 
hand, it was essential to the very notion of a 
KK-rjpovxia that it should be a public enterprize, 
and should always retain a connection more or less 
intimate with Athens herself. The word /cA-ijpouxi'a 
conveys the notion of property to be expected and 
formally appropriated : whereas the &iroucoi of 
ancient times went out to conquer lands for them- 
selves, not to divide those which were already 
conquered. 

The connection with the parent state subsisted, 
as has been just hinted, in all degrees. Some- 
times, as in the case of Lesbos, the holders of land 
did not reside upon their estates, but let them to 
the original inhabitants, while themselves remained 
at Athens. (Bdckh, Public Econ. of Athens, p. 431, 
2nd ed.) The condition of these KAypovxoi did 
not differ from that of Athenian citizens who had 
estates in Attica. All their political rights they 
not only retained, but exercised as Athenians ; in 
the capacity of landholders of Lesbos they could 
scarcely have been recognised by the state, or have 
borne any corporate relation to it. Another case 
was where the KKripovxoi resided on their estates, 
and either with or without the old inhabitants, 
formed a new community. These still retained 
the rights of Athenian citizens, which distance 
only precluded them from exercising : they used 
the Athenian courts ; and if they or their chil- 
dren wished to return to Athens, naturally and of 
course they regained the exercise of their former 
privileges. Of this we have the most positive 
proof (Bb'ckh, Ibid. p. 429): as the object of these 
KKripovxoi was to form outposts for the defence of 
Athenian commerce, it was the interest of the 
parent state to unite them by a tie as kindly as 
possible : and it cannot be supposed that indi- 
viduals would have been found to risk, in a doubt- 
ful enterprise, the rights of Athenian citizens. 

Sometimes, however, the connection might gra- 
dually dissolve, and the KKripovxoi sink into the 
condition of mere allies, or separate wholly from 
the mother country. In Aegina, Scione, Potidaea, 
and other places, where the original community 
was done away, the colonists were most completely 
under the control of Athens. Where the old in- 
habitants were left unmolested, we may conceive 
their admixture to have had a twofold effect : 
either the new comers would make common cause 
with them, and thus would arise the alienation 
alluded to above ; or jealousy and dread of the 
ancient inhabitants might make the colonists more 
entirely dependent on the mother state. It seems 
impossible to define accurately when the isopolite 
relation with Athens may have ceased, although 
such cases undoubtedly occurred. 

A question has been raised as to whether the 
KKripovxoi were among the Athenian tributaries. 
Probably this depended a good deal upon the pros- 
perity of the colony. We cannot conceive that 
colonies which were established as military out- 
posts, in otherwise unfavourable situations, would 
bear such a burthen : at the same time it seerns 
improbable that the state would unnecessarily 
forego the tribute which it had previously received, 
where the lands had formerly belonged to tributary 
allies. 

It was to Pericles Athens was chiefly indebted 



COLONIA. 



COLONIC 



315 



for the extension and permanence of her colonial 
settlements. His principal object was to provide 
for the redundancies of population, and raise the 
poorer citizens to a fortune becoming the dignity 
of Athenian citizens. It was of this class of 
persons the settlers were chiefly composed ; the 
state provided them with arms, and defrayed the 
expenses of their journey. The principle of divi- 
sion, doubtless, was, that all who wished to par- 
take in the adventure, applied voluntarily ; it was 
then determined by lot who should or should not 
receive a share. Sometimes they bad a leader ap- 
pointed, who, after death, received all the honours 
of the founder of a colony (oi/fio-Hjs). 

The Cleruchiae were lost by the battle of Aegos- 
potami, but partially restored on the revival of 
Athenian power. 

(Spanheim, De L'su et Praest. Xumism. vol. L 
p. 5.59, ice. ; Bougainville, Quels etoicnt les droits 
det metropoles Grecques sur les colonies, <L-c, Paris, 
l745; Heync, De Veierum Coloniarum Jure 
tjusifue Causis, Gott. 1 766, also in Opuscula, vol. i. 
p. 290; Sainte Croix, De TEtat rt du SortdesCotonies 
desanciensPeuples, Philadclphic, 1779; Hegcwisch, 
Geogr. und Hist. Nadiriclden, die Colonien der 
Grienhen Utreft'end, Altona, 1 808 ; Raoul-Rochcttc, 
I/L-ioire critirpie de fEtaljlissement des Colonies 
G renptes, Paris, 1815, 4 vols.; Wichers, De 
C'oloniis Veterum, Groningae, 1 825 ; Pfefferkorn, 
Die Colonien der AU-G riechen, Kb'nigsberg, 1838 ; 
Hermann, jjekrburh der Griech. StaatsaWi. § 73. 
tec. ; Wachsmuth, Hcllen.Alterthumsk. vol. L p. 95, 
"2nd cd. ; Schiimann, Antiq. Juris PulAiei Graec. 
p. 414, &c. ; Btickh, Public Econ. of Athens, p. 
424, &c) [B.J.] 

2. Roman. The word colon ia contains the same 
element as the verb colcre, " to cultivate," and as 
the word colonus, which probably originally signified 
a "tiller of the earth." The English word colony, 
which is derived from the Latin, perhaps expresses 
the notion contained in this word more nearly 
than is generally the case in such adopted terms. 

A kind of colonisation seems to have existed 
among the oldest Italian nations, who, on certain 
occasions, sent out their superfluous male popu- 
lation, with arms in their hands (itpa Vf6ri)s), to 
seek for a new home. (Dionys. Antir/. Horn. i. 16.) 
But these were apparently mere bands of adven- 
turers, and such colonies rather resembled the old 
Greek colonies, than those by which Home ex- 
tended her dominion and her name. 

Colonics were established by the Romans as far 
back as the annals or traditions of the city extend, 
and the practice was continued during the republic 
and under the empire. Signnius {De Antique 
Jure Italiae, p. 215, &c.) enumerates six main 
causes or reasons which, from time to time, induced 
the Romans to send out colonies ; nnd these 
causes arc connected with many memorable events 
in Roman history. Colonics were intended to 
keep in check a conquered people, and al«i to 
repress hostile incursions, as in the case of the 
colony of Narnin (Li v. x. 10), which was founded 
to check the L'mbri ; and Mintumnoand Sinuessa 
(x. 21), Cremona and Placcntia (xxvii. 46), which 
were founded for similar piirpons. Ciii-m (/)•■ 
Leg. Ayr. iL 27) calls the old Italian colonics the 
" propugnacula impirii ;" and in another passage 
(Pro Pont. r. 1) he calls Narbo Marti UJ (NaT- 
bonne), which was in the provincia Uallia, "Co- 
lonia nostrorum civium, specula populi Romani et 



propugnaculum." Another object was to increase 
the power of Rome by increasing the population. 
(Liv. xxvii. 9.) Sometimes the immediate object 
of a colony was to carry off a number of turbulent 
and discontented persons. Colonies were also 
established for the purpose of providing for veteran 
soldiers, a practice which was begun under the 
republic (Liv. xxxi. 4), and continued under the 
emperors : these coloniae were called militares. 

It is remarked by Strabo (p. 216. ed. Casaub.), 
when speaking of the Roman colonies in the north 
of Italy, that the ancient names of the places were 
retained, and that though the people in his time 
were all Roman, they were called by the names of 
the previous occupiers of the soil. This fact is in 
accordance with the character of the old Roman 
colonies, which were in the nature of garrisons 
planted in conquered towns, and the colonists had 
a portion of the conquered territory (usually a third 
part) assigned to them. The inhabitants retained 
the rest of their lands, and lived together with the 
new settlers, who alone composed the proper co- 
lony. (Dionys. Antiq. Rom. ii. 53.) The conquered 
people must at first have been quite a distinct 
class from, and inferior to, the colonists. The 
definition of a colonia by Gellius (xvi. 13) will 
appear, from what has been said, to be sufficiently 
exact : — "Ex civitatc quasi propngatae — populi 
Romani quasi effigies parvae simulacraque." 

No colonia was established without a lex, ple- 
biscitum, or scnatusconsultum ; a fact which shows 
that a Roman colony was never a mere body of 
adventurers, but had a regular organisation by the 
parent state. According to an ancient definition 
quoted by Niebuhr (Sen - , ad Virg. Aen. i. 1 2), a 
colony is a body of citizens, or socii, sent out to 
possess a commonwealth, with the approbation of 
their own state, or by a public act of that people 
to whom they belong ; and it is added, those are 
colonies which arc founded by public act, not by 
any secession. Many of the laws which relate to 
the establishment of coloniae were leges agrariae, 
or laws for the division and assignment of public 
lands, of which Sigonius has given a list in bis 
work already referred to. 

When a law was passed for founding a colony, 
persons were appointed to superintend its forma- 
tion (coloniam deducere). These persons varied in 
number, but three was a common number (trium- 
viri ad colonos deducendos, Liv. xxxvii. 46, vi. 21 ). 
We also read of duumviri, quinqueviri, vigintiviri 
for the same puqiose. The law fixed the quantity 
of land that was to be distributed, and how much 
was to be assigned to each person. No Roman 
could be sent out as a colonist without his free 
consent, and when the colony was not an inviting 
one, it was difficult to fill up the number of volun- 
teers. (Liv. vi. 21, x. 21.) 

Roman citizens who were willing to go out as 
members of a colony gave in their nanu s at Rome 
(nominn deilcrunt, Liv. i. 1 1, the first time that he 
has occasion to use the expression). Cicero (Pro 
Dom. c. 30) says that Roman citizen! who chose 
to become members of a Latin colony must go vo- 
luntarily (uurtom facti), for this was a capitis 
demimitio ; and in another passage (Pro Caecin. 
33) be alleges the fact of Roman citizens going 
out in Latin colonies as a proof that loss of ( i vitas 
must In' a voluntary net. It is true that a membx r 
of a Roman colony would sustain no capitis dc- 
miiiuliii, but in this case also there seems no rcasou 



316 



C0L0N1A. 



COLONIA. 



for supposing that he ever joined such a colony, 
without his consent. 

The colonia proceeded to its place of destination 
in the form of an army (sub vexillo), which is in 
dicated on the coins of some coloniae. An urbs, if 
one did not already exist, was a necessary part of 
a new colony, and its limits were marked out by 
a plough, which is also indicated on ancient coins. 
The colonia had also a territory, which, whether 
marked out by the plough or not (Cic. Phil. ii. 40), 
was at least marked out by metes and bounds. 
Thus the urbs and territory of the colonia re- 
spectively corresponded to the urbs Roma and its 
territory. Religious ceremonies always accom- 
panied the foundation of the colony, and the an- 
niversary was afterwards observed. (Plutarch, 
C. Gracchus, 11 ; Servius, ad Aen. v. 755 ; Cic. 
ad Attic, iv. 1). It is stated that a colony could 
not be sent out to the same place to which a 
colony had already been sent in due form (auspi- 
cato deducta). This merely means that so long as 
the colony maintained its existence, there could be 
no new colony in the same place ; a doctrine that 
would hardly need proof, for a new colony implied 
a new assignment of lands ; but new settlers (novi 
adscripti) might be sent to occupy colonial lands 
not already assigned. (Liv. vi. 30 ; Cic. Phil. ii. 
40.) Indeed it was not unusual for a colony to 
receive a supplementum, as in the case of Venusia 
(Liv. xxxi. 49), and in other cases (Tacit. Ann. 
xiv. 27) ; and a colony might be re-established, if 
it seemed necessary, from any cause ; and under 
the emperors such re-establishment might be 
entirely arbitrary, and done to gratify personal 
vanity, or from any other motive. (Tacit. Ann. 
xiv. 27. Puteoli ; and the note in Oberlin's 
Tacitus.) 

The commissioners appointed to conduct the 
colony had apparently a profitable office, and the 
establishment of a new settlement gave employ- 
ment to numerous functionaries, among whom 
Cicero enumerates- — apparitores, scribae, librarii, 
praecones, architecti. The foundation of a colony 
might then, in many cases, not only be a mere 
party measure, carried for the purpose of gaining 
popularity, but it would give those in power an 
opportunity of providing places for many of their 
friends. 

A colonia was a part of the Roman state, and it 
had a res publica; but its relation to the parent state 
might vary. In Livy (xxxix. 55) the question 
was whether Aquileia should be a colonia civium 
Romanorum, or a Latina colonia ; a question that 
had no reference to the persons who should form 
the colony, but to their political rights with respect 
to Rome as members of the colony. The members 
of a Roman colony (colonia civium Romanorum) 
must, as the term itself implies, have always had 
the same rights, which, as citizens, they would have 
at Rome. [Civitas.] They were, as Niebuhr 
remarks, in the old Roman colonies, " the populus ; 
the old inhabitants, the commonalty." These two 
bodies may, in course of time, have frequently 
formed one ; but there could be no political union 
between them till the old inhabitants obtained the 
commercium and connubium, in other words, the 
civitas ; and it is probable that among the various 
causes which weakened the old colonies, and ren- 
dered new supplies of colonists necessary, we 
should enumerate the want of Roman women ; for 
the children of a Roman were not Roman citizens 



unless his wife was a Roman, or unless she belonged 
to a people with which there was connubium. 

It is importaut to form a precise notion of the 
relation of an ancient Roman colonia to Rome. 
That the colonists, as already observed, had all the 
rights of Roman citizens, is a fact capable of per- 
fect demonstration ; though most writers, following 
Sigonius, have supposed that Roman citizens, by 
becoming members of a Roman colony, lost the 
suffragium and honores, and did not obtain them 
till after the passing of the Julia lex. Such an 
opinion is inconsistent with the notion of Roman 
citizenship [Civitas], which was a personal, not a 
local right ; and it is also inconsistent with the very 
principle of Roman polity apparent in the establish- 
ment of Roman colonies. Further, the loss of the 
suffragium and honores would have been a species 
of capitis deminutio, and it is clear, from what 
Cicero says of the consequences of a Roman volun- 
tarily joining a Latin colony, that no such conse- 
quences resulted from becoming a member of a 
Roman colony. If a Roman ever became a member 
of a Roman colony without his consent, it must 
have been in the early ages of the state, when the 
colonies still retained their garrison character, and 
to join a colony was a kind of military service ; but 
such a duty to protect the state, instead of imply- 
ing any loss of privilege, justifies quite a different 
conclusion. 

Puteoli, Salernum, Buxentum were coloniae 
civium Romanorum (Liv. xxxiv. 45) ; the Feren- 
tinates made a claim, that Latini who should give 
in their names as willing to join a colonia civium 
Romanorum, should thereby become cives Romani. 
Some Latini who had given in their names for 
the coloniae of Puteoli, Salernum, and Buxentum, 
thereupon assumed to act as cives Romani, but the 
senate would not allow their claim. This shows, 
if it requires showing, that the cives of Romanae 
coloniae continued to be cives Romani. (Liv. 
xxxiv. 42.) 

It is somewhat more difficult to state what was 
the condition of those conquered people among 
whom the Romans sent their colonists. They 
were not Roman citizens, nor yet were they socii ; 
still they were in a sense a part of the Roman 
state, and in a sense they were cives, though cer- 
tainly they had not the suffragium, and perhaps 
originally not the connubium. It is probable 
that they had the commercium, but even this is 
not certain. They might be a part of the Roman 
civitas without being cives, and the difficulty of 
ascertaining their precise condition is increased by 
the circumstance of the word civitas being used 
loosely by the Roman writers. If they were cives 
in a sense, this word imported no privilege ; for it 
is certain that, by being incorporated in the Roman 
state as a conquered people, they lost all power of 
administering their own affairs, and obtained no 
share in the administration of the Roman state ; 
they had not the honourable rank of socii, and 
they were subject to military service and taxation. 
They lost all jurisdictio, and it is probable that 
they were brought entirely within the rules and 
procedure of the Roman law, so far as that was 
practicable. Even the commercium and connu- 
bium with the people of their own stock, Were some- 
times taken from them (Liv. ix. 43, viii. 14), and 
thus they were disunited from their own nation 
and made a part of the Roman state, without having 
the full civitas. So far, then, was the civitas (with- 



COLONIA. 
out the suffragium) from being always a desirable 
condition, as some writers have supposed, that it 
was in fact the badge of servitude ; and some states 
even preferred their former relation to Rome, to 
being incorporated with it as complete citizens. It 
appears that, in some cases at least, a praefectus 
juri dicundo was sent from Rome to administer 
justice among the conquered people, and between 
them and the colonL It appears also to be clearly 
proved by numerous instances, that the condition 
of the conquered people among whom a colony was 
sent, was not originally always the same ; some- 
thing depended on the resistance of the people, 
and the temper of the Romans, at the time of the 
conquest or surrender. Thus the conquered Italian 
towns might originally have the civitas in different 
degrees, until they all finally obtained the complete 
civitas by receiving the suffragium ; some of them 
obtained it before the social war, and others by 
the Julia lex. 

The nature of a Latin colony will appear suffi- 
ciently from What is said here, and in the articles 
Civitas and Latinitas. 

Besides these coloniae, there were coloniae Italici 
juris, as some writers term them ; but which in fact 
were not colonies. Sigonius, and most subsequent 
writers, have considered the Jus Italicum as a per- 
sonal right, like the Civitas and Latinitas ; but 
Savigny has shown it to be quite a different thing. 
The jus Italicum was granted to favoured provincial 
cities ; it was a grant to the community, not to the 
individuals composing it. This right consisted in 
quiritarian ownership of the soil (commercium), 
and its appurtenant capacity of mancipatio, usu- 
capion, and vindicatio, together with freedom from 
taxes ; and also in a municipal constitution, after 
the fashion of the Italian towns, with duumviri, 
quinquennaks, aediles, and a jurisdictio. Many 
provincial towns which possessed the jus Italicum, 
have on their coins the figure of a standing Silenus, 




IMP. M. IVI.. PIIII.IPP. A KL. MVN1CIP. CO. 

Philip, a. D. 243—249. Cocla or Coclos (Plin. 

iv. 11, 12) intheThra- 
cian Chersoncsus. 



with the hand raised, which was the peculiar 
symbol of municipal liberty. (Obeundus Afarr>/<t, 
Horn t. Sat. L 0. 120.) Pliny (iii. 3 and 21 ) has 
mentioned several towns that had the jus Italicum ; 
and I.ugdunum, Vienna (in Dauphinc), and colonia 
Agrippincnsis had this privilege. It follows from 
the nature of this privilege) that towns which had 
the LatintUl or the Civitas, which was a personal 
privilege, might not have the jus Italicum ; but the 
towns which had the jus Italicum could hardly be 
nny other than those which had the civitas or 
Latinitas, and we cannot conceive that it wag ever 
given to a town of Peregrini. 

The colonial system of Rome, which originated 
in the earliest ages, was well adapted to strengthen 
and extend her power — " Hy the colonics the 



COLONIA. 317 
empire was consolidated, the decay of population 
checked, the unity of the nation and of the lan- 
guage diffused." (Machiavelli, quoted by Niebuhr.) 
The countries which the Romans conquered within 
the limits of Italy, were inhabited by nations that 
cultivated the soil and had cities. To destroy such a 
population was not possible nor politic ; but it was 
a wise policy to take part of their lands, and to 
plant bodies of Roman citizens, and also Latinae 
coloniae, among the conquered people. The power 
of Rome over her colonies was derived, as Niebuhr 
has well remarked, " From the supremacy of the 
parent state, to which the colonies of Rome, like 
sons in a Roman family, even after they had grown 
to maturity, continued unalterably subject." In 
fact, the notion of the patria potestas will be found 
to lie at the foundation of the institutions of Rome. 

The principles of the system of colonisation were 
fully established in the early ages of Rome ; but the 
colonies had a more purely military character, that 
is, were composed of soldiers, in the latter part of 
the republic, and under the earlier emperors. The 
first colony established beyond the limits of Italy 
was Carthago (VelL ii. 15) ; Narbo Martius was 
the next. Nemausus (Nimes) was made a colony 
by Augustus, an event which is commemorated by 
medals (Raschc, Lexicon liei Xumuriue), and an 
extant inscription at Nimes. 




In addition to the evidence from written books of 
the numerous colonies established by the Romans 
in Italy, and subsequently in all parts of the empire, 
we have the testimony of medals and inscriptions, 
in which COL., the abbreviation of colonia, indi- 
cates this fact, or, as in the case of Sinopc, the Greek 
inscription KOAJ1NEIA. Septimius Severus made 
Tyre a colonia Veteranorum ( Rasche, lexicon Rei 
Xumnriae, 7'ynu). The prodigious activity of Rome 
in settling colonies in Italy is apparent from the list 
given by Frontinus or the Pseudo-Frontinus {l)e 
CuloniU), most of which appear to have been old 
towns, which were either walled when the colony 
was founded, or strengthened by new defences. 

Colonics were sometimes established under the 
late republic and the empire with circumstances 
of great oppression, and lands were assigned to the 
veterans without regard to existing rights. 

Under the emperors, all legislative authority 
being then virtually in them, the foundation 
of a colony was an act of imperial grace, and 
often merely a title of honour conferred on some 
favoured spot. Thus M. Aurelius raised to the 
rank of colonia the small town (vicus) of Halale, 
at the foot of Taurus, where his wife Faustina 
died. (Jul. Capitol. M. Ant. Pkilot. c. 26.) The 
old military colonies were composed of whole 
legions, with their tribunes and centurions, who 
being united by mutual affection, composed a 
political body (retjtultliru) ; but it was a com- 
plaint in the time of Nero, that soldiers, who were 



318 



COLONIA. 



COLONTA. 



strangers to one another, without any head, with- 
out any bond of union, were suddenly brought to- 
gether on one spot, " numerus magis quam colonia '' 
(Tacit. Ann. xiv. 27). And on the occasion of the 
mutiny of the legions in Pannonia, upon the ac- 
cession of Tiberius, it was one ground of complaint, 
that the soldiers, after serving thirty or forty 
years, were separated, and dispersed in remote 
parts ; where they received, under the name of a 
grant of lands (per nomen agrorum), swampy tracts 
and barren mountains. (Tacit. Arm. i. 17.) 

It remains briefly to state what was the internal 
constitution of a colonia. 

In the later times of the republic, the Roman 
state consisted of two distinct organised parts, 
Italy and the Provinces. " Italy consisted of a 
great number of republics (in the Roman sense of 
the term), whose citizens, after the Italian war, be- 
came members of the sovereign people. The com- 
munities of these citizens were subjects of the 
Roman people, yet the internal administration of 
the communities belonged to themselves. This 
free municipal constitution was the fundamental 
characteristic of Italy ; and the same remark will 
apply to both principal classes of such constitu- 
tions, municipia, and coloniae. That distinction 
which made a place into a praefectura, is men- 
tioned afterwards ; and fora, conciliabula, castella, 
are merely smaller communities, with an incom- 
plete organisation." (Savigny.) As in Rome, so 
in the colonies, the popular assembly had originally 
the sovereign power ; they chose the magistrates, 
and could even make laws. (Cic. De Leg. iii. 16.) 
When the popular assemblies became a mere form 
in Rome, and the elections were transferred by 
Tiberius to the senate, the same thing happened 
in the colonies, whose senates then acquired what- 
ever power had once belonged to the community. 

The common name of this senate was ordo de- 
curionum ; in later times, simply ordo and curia ; 
the members of it were decuriones or curiales. 
(Dig. 50. tit. 2. De Decurionibus, &c.) Thus, 
in the later ages, curia is opposed to senatus, 
the former being the senate of a colony, and the 
latter the senate of Rome. But the terms senatus 
and senator were also applied to the senate and 
members of the senate of a colony, both by his- 
torians, in inscriptions, and in public records ; as, for 
instance, in the Heracleotic Tablet, which contained 
a Roman lex. After the decline of the popular 
assemblies, the senate had the whole internal ad- 
ministration of a city, conjointly with the magis- 
tratus ; but only a decurio could be a magistratus, 
and the choice was made by the decuriones. 
Augustus seems to have laid the foundation for 
this practical change in the constitution of the 
colonies in Italy. All the citizens had the right 
of voting at Rome ; but such a privilege would be 
useless to most of the citizens on account of their 
distance from Rome. Augustus (Sueton. c. 46) 
devised a new method of voting : the decuriones 
sent the votes in writing, and under seal, to 
Rome ; but the decuriones only voted. Though 
this was a matter of no importance after Tiberius 
had transferred the elections at Rome from the 
popular assemblies to the senate, this measure of 
Augustus would clearly prepare the way for the 
pre-eminence of the decuriones, and the decline of 
the popular power. 

The highest magistratus of a colonia were the 
duumviri (Cic. Agr. Leg. ii. 34, ad Attic, ii. 6), 



or quattuorviri, so called, as the numbers might 
vary, whose functions may be compared with those 
of the consulate at Rome before the establishment 
of the praetorship. The name duumviri seems to 
have been the most common. Their principal 
duties were the administration of justice, and ac- 
cordingly we find on inscriptions " Duumviri J. 
D." (juri dicundo), " Quattuorviri J. D." They 
were styled magistratus pre-eminently, though the 
name magistratus was properly and originally the 
most general name for all persons who filled similar 
situations. The name consul also occurs in in- 
scriptions to denote this chief magistracy; and 
even dictator and praetor occur under the empire 
and under the republic. The office of the duumviri 
lasted a year. Savigny shows that under the re- 
public the jurisdictio of the duumviri in civil 
matters was unlimited, and that it was only under 
the empire that it was restricted in the manner 
which appears from the extant Roman law. 

In some Italian towns there was a praefectus 
juri dicundo ; he was in the place of, and not co- 
existent with, duumviri. The duumviri were, as 
we have seen, originally chosen by the people ; 
but the praefectus was appointed annually in 
Rome (Livy, xxvi. 16), and sent to the town 
called a praefectura, which might be either a mu- 
nicipium or a colonia, for it was only in the matter 
of the praefectus that a town called a praefectura 
differed from other Italian towns. Capua, which 
was taken by the Romans in the second Punic 
war, was made a praefectura. (Veil. ii. 44, and 
the note of Reimarus on Dion Cassius, xxxviii. 7." 1 
Arpinum is called both a municipium and a prae- 
fectura (Cic. ad Fam. xiii. 11 ; Festus, s. v. 
Praefectura) • and Cicero, a native of this place, 
obtained the highest honours that Rome could 
confer. 

The censor, curator, or quinquennalis, all which 
names denote the same functionary, was also a 
municipal magistrate, and corresponded to the 
censor at Rome, and in some cases, perhaps, to 
the quaestor also. Censors are mentioned in Livy 
(xxix. 15) as magistrates of the twelve Latin 
colonies. The quinquennales were sometimes 
duumviri, sometimes quattuorviri ; but they are 
always carefully distinguished from the duumviri 
and quattuorviri J. D. ; and their functions are 
clearly shown by Savigny to have been those of 
censors. They held their office for one year, and 
during the four intermediate years the functions 
were not exercised. The office of censor or quin- 
quennalis was higher in rank than that of the 
duumviri J. D., and it could only be filled by those 
who had discharged the other offices of the muni- 
cipality. 

For a more complete account of the organisation 
of these municipalities, and of their fate under the 
empire, the reader is referred to an admirable 
chapter in Savigny (Geschickte des Rom. Rechts, 
&c. vol. i. p. 1 6, &c). 

The terms municipium and municipes require 
explanation in connection with the present subject, 
and the explanation of them will render the nature 
of a praefectura still clearer. One kind of munici- 
pium was a body of persons who were not (Festus, 
s. v. Municipium) Roman citizens, but possessed all 
the rights of Roman citizens except the suffragium 
and the honores. But the communities enumerated 
as examples of this kind ot municipium are the 
Fimdani, Formiani, Cumani, Acerrani, Lanuvini, 



COLON I A. 



COLONIA. 



319 



and Tusculani, which were conquered states (Liv. 
viii. 14), and received the civitas without the suf- 
fragium ; and all these places received the com- 
plete civitas before the social war, or, as Festus 
expresses it, " Post aliquot annos cives Romani 
effecti sunt." It is singular that another ancient 
definition of this class of municipia says, that the 
persons who had the rights of Roman citizens, 
except the honores, were cives ; and among such 
communities are enumerated the Cumani, Acer- 
rani, and Atellani. This discrepancy merely 
shows that the later Roman writers used the word 
civis in a very loose sense, which we cannot be 
surprised at, as they wrote at a time when these 
distinctions had ceased. Another kind of muni- 
cipium was, when a civitas was completely incor- 
porated with the Roman state ; as in the case of 
the Anagnini (Liv. ix. 23), Cacritcs, and Aricini, 
who completely lost all internal administration of 
their cities ; while the Tusculani and Lanuvini re- 
tained their internal constitution, and their magis- 
trate called a dictator. A third class of municipia 
was those whose inhabitants possessed the full 
privileges of Roman citizens, and also the internal 
administration of their own cities, as the Tiburtes, 
Praenestini, Pisani, Urbinates, Nolani, Bononi- 
enses, Placcntini, Nepcsini, Sutrini, and Lucrenses, 
( Luccnses ?). The first five of these were civitatcs 
sociorum ; and the second five, coloniac Latinae : 
they all became municipia, but only by the effect 
of the Julia Lex, ac. 90. 

It has also been already said that a praefectura 
was so called from the circumstance of a praefectus 
J. D. being sent there from Rome. Those towns 
in Italy were called praefecturae, says Festus, "In 
quibus ct jus diccbatur et nundinae agebantur, et 
crat quaedam earum respublica, ncque tamcn 
magistratus suos habebant ; in quas legibus prae- 
fecti mittcbantur quotannis, qui jus dicerent." 
Thus a praefectura had a respublica, but no magis- 
tratus. Festus then makes two divisions of praefec- 
turae. To the first division were sent four praefecti 
chosen at Rome (populi suffrugio) ; and he enu- 
merates ten places in Campania to which these 
quattuorviri were sent, and among them Cumac and 
Acerca, which were municipia; and Voltumum, 
Liternum, and Futcoli, which were Roman colonies 
established after the second Punic war. The 
second division of praefecturae comprised those 
places to which the praetor urbanus sent a prae- 
fectus every year, namely. Fundi, Formiae, Caere, 
Vcnafrum, Allifac, Priveniuni, Anagnia, Frusino, 
Reatc, Satuniia, Nursia, Arpinum, aliaque com- 
piling Only one of them, Saturnia, was a colony 
of Roman citizens (Lot. xxxix. 55); the rest are 
municipia. It is the conclusion of Zumpt that all 
the municipia of the older period, that is, up to the 
time when the complete civitas was given to the 
Latini and the socii, were praefecturae, and that 
some of the colonies of Roman citizens were also 
praefecturae. Now as the praefectus was ap- 
pointed for the purpose of administering justice 
(juri tlicunilo), and was annually sent from Rome, 
it appears that this was one among the mnny ad- 
mirable parts of the Roman polity for maintaining 
harmony in the whole political system by a uni- 
formity of law and procedure. The name prai 
fectura continued after the year B.C. 90; but it 
teems that, in some places at least, this functionary 
ceased to be sent from Rome, and various praefei 
turae acquired the privilege of having magistratus 



of their own choosing, as in the case of Puteoli, 
b.c. 63. (Cic. De Leg. Agr. ii. 31.) The first 
class or kind of praefecti, the quattuorviri, who 
were sent into Campania, was abolished by Au- 
gustus, in conformity with the general tenor of his 
policy, B.C. 13. After the passing of the Julia 
Lex de Civitate, the cities of the socii which re- 
ceived the Roman civitas, still retained their in- 
ternal constitution ; but, with respect to Rome, 
were all included under the name of municipia : 
thus Tibur and Praenestc, which were Latinae 
civitates, then became Roman municipia. On the 
other hand, Bononia and Luca which were origin- 
ally Latinae coloniae, also becamo Roman mu- 
nicipia in consequence of receiving the Roman 
civitas, though they retained their old colonial 
constitution and the name of colonia. Thus 
Cicero (in Pis. c. 23) could with propriety call 
Placentia a municipium, though in its origin it 
was a Latin colonia ; and in the oration Pro Sext. 
(c. 14) he enumerates municipia, coloniae, and 
praefecturae, as the three kinds of towns or com- 
munities under which were comprehended all the 
towns of Italy. The testimony of the Heracleotic 
tablet is to the like effect ; for it speaks of muni- 
cipia, coloniae, and praefecturae as the three kinds 
of places which had a magistratus of some kind, to 
which enumeration it adds fora and conciliabula, as 
comprehending all the kinds of places in which 
bodies of Roman citizens dwelt. 

It thus appears that the name municipium, 
which originally had the meanings already given, 
acquired a narrower import after B.C. 90, and in 
this narrower import signified the civitatcs sociorum 
and coloniae Latinae, which then became complete 
members of the Roman state. Thus there was 
then really no difference between these municipia 
and the coloniac, except in their historical origin, 
and in their original internal constitution. The 
Roman law prevailed in both. 

The following recapitulation may be useful : — 
The old Roman colonies {civium Romanorum) were 
placed in conquered towns ; and the colonists con- 
tinued to be Roman citizens. These colonics were 
near Rome (Liv. i. 11, 27, 5G, ii. 21, 39), and few 
in number. Probably some of the old Latinae colo- 
niae were established by the Romans in conjunction 
with other Latin states (Antium). After the con- 
quest of Latium, Latinae coloniac were established 
by the Romans in various parts of Italy. These 
colonies should be distinguished from the colonies 
civium Romanorum, inasmuch as they are some- 
times calh d coloniae populi Roinani, though they 
were not coloniac civium Romanorum. (Liv. xxvii. 
9, xxix. 15.) Roman citizens who chose to join 
such colonics, gave up their civic rights for the 
more solid advantage of a grant of land. 

When Latin colonies began to be established, 
few Unman colonies were founded until alter the 
close of the second Punic war (b.c. 201), and 
these few were chiefly maritime colonies {Anrur, 
&c). These Latin colonics were subject to and 
part of the Roman slate ; but they had not tho 
civitas : they had no political bond among them- 
selves ; but they had the administration of their 
internal affair). The colonies of the tirncchi were 
Roman colonies ; but their object, like that of suh- 
.i-qui'iit Airniri.m law*, was nurrlv to provide fur 

tli'- i "• r . .!'/■ ii. : the old It. ,ii. .in and the Latin 

colonics had for their object the extension nnd 
conservation of the Roman empire in Italy. After 



320 



COLORES. 



COLORES. 



the passing of the Lex Julia, which gave the 
civitas to the socii and the Latin colonies, the 
object of establishing Roman and Latin colonies 
ceased ; and military colonies were thenceforward 
settled in Italy, and, under the emperors, in the 
provinces. (Plin. Nat. Hist. iii. 4.) These military 
colonies had the civitas, such as it then was ; but 
their internal organisation might be various. 

The following references, in addition to those 
already given, will direct the reader to abundant 
sources of information : — (Sigonius, De Jure An- 
tiquo, &c. ; Niebuhr, Roman History ; Savigny, 
Ueber das Jus Italicum, Zeitschr. vol. v. ; Tabulae 
Herackenses. Mazochi, Neap. 1754 ; Savigny, Der 
Romische Volkssclduss der Tafel von Heraclea ; 
and Rudorff, Ueber die Lex Mamilia de Coloniis, 
Zeitschr. vol. ix. ; Rudorff, Das Ackergesetz von 
Sp. Tkorius, and Puchta, Ueber den Inhalt der 
Lex Rubria de Gallia Cisalpina, Zeitschr. vol. x. ; 
Beaufort, Rep. Rom. v. p. 278—308 ; Madvig, 
Opuscula, De Jure et Conditione Coloniarum Populi 
Romani, Hauniae, 1834 ; Zumpt, Ueber den 
Unterschied der Bencnnungcn, Municipium, Colonia, 
Praefectura, Berlin, 1840.) [G. L.] 

COLO'RES. The Greeks and Romans had 
a very extensive acquaintance with colours as 
pigments. Book vii. of Vitruvius and several 
chapters of books xxxiii. xxxiv. and xxxv. of 
Pliny's Natural History, contain much interesting 
matter upon their nature and composition ; and 
these works, together with what is contained in 
book v. of Dioscorides, and some remarks in 
Theophrastus (De Lapidibus), constitute the whole 
of our information of any importance upon the 
subject of ancient pigments. From these sources, 
through the experiments and observations of Sir 
Humphry Davy (Phil. Trans, of the Royal Society, 
1815) on some remains of ancient colours and 
paintings in the baths of Titus and of Livia, and 
in other ruins of antiquity, we are enabled to col- 
lect a tolerably satisfactory account of the colour- 
ing materials emploj'ed by the Greek and Roman 
painters. 

The painting of the Greeks is very generally 
considered to have been inferior to their sculpture; 
this partially arises from very imperfect inform- 
ation, and a very erroneous notion respecting the 
resources of the Greek painters in colouring. The 
error originated apparently with Pliny himself, 
who says (xxxv. 32), " Quatuor coloribus solis 
immortalia ilia opera fecere, ex albis Melino, ex 
silaceis Attico, ex rubris Sinopide Pontica, ex 
nigris atramento, Apelles, Echion, Melanthius, 
Necomachus, clarissimi pictores ;" and (xxxv. 36), 
" Legentes meminerint omnia ea quatuor coloribus 
facta." This mistake, as Sir H. Davy has sup- 
posed, may have arisen from an imperfect recollec- 
tion of a passage in Cicero (Brutus, c. 18), which, 
however, directly contradicts the statement of 
Pliny: — "In pictura Zeuxim et Pokygnotum, et 
Timanthem, et eorum, qui non sunt usi plusquam 
quattuor coloribus, formas et lineamenta laudamus : 
at in Echione, Nicomacho, Protogene, Apelle jam 
perfecta sunt omnia." Here Cicero extols the 
design and drawing of Polygnotus, Zeuxis, and 
Timanthes, and those who used but four colours ; 
and observes in contradistinction, that in Echion, 
Nicomachus, Protogenes, and Apelles, all things 
were perfect. But the remark of Pliny, that 
Apelles, Echion, Melanthius, and Nicomachus used 
but four colours, including both black and white 



to the exclusion of all blue (unless we understand 
by " ex nigris atramento " black and indigo), is 
evidently an error, independent of its contradiction 
to Cicero ; and the conclusion drawn by some from 
it and the remark of Cicero, that the early Greek 
painters were acquainted with but four pigments, 
is equally without foundation. Pliny himself 
speaks of two other colours, besides the four in 
question, which were used by the earliest painters ; 
the testa-trita (xxxv. 5) and cinnabaris or vermilion, 
which he calls also minium (xxxiii. 36). He 
mentions also (xxxv. 21) the Eretrian earth used 
by Nicomachus, and the elephantinum, or ivory- 
black, used by Apelles (xxxv. 25), thus contra- 
dicting himself when he asserted that Apelles and 
Nicomachus used but four colours. The above 
tradition, and the simplex color of Quintilian (Orat. 
Instit. xii. 10), are our only authorities for defining 
any limits to the use of colours by the early Greeks, 
as applied to painting ; but we have no authority 
whatever for supposiug that they were limited in 
any remarkable way in their acquaintance with 
them. iThat the painters of the earliest period 
had not such abundant resources in this depart- 
ment of art as those of the later, is quite consistent 
with experience, and does not require demonstra- 
tion ; but to suppose that they were confined to 
four pigments is quite a gratuitous supposition, 
and is opposed to both reason and evidence. 
[Pictura.] 

Sir H. Davy also analysed the colours of the 
so-called " Aldobrandini marriage," all the reds 
and yellows of which he discovered to be ochres ; 
the blues and greens, to be oxides of copper ; the 
blacks all carbonaceous ; the browns, mixtures of 
ochres and black, and some containing oxide of 
manganese ; the whites were all carbonates of 
lime. 

The reds discovered in an earthen vase contain- 
ing a variety of colours, were, red oxide of lead 
(minium), and two iron ochres of different tints, a 
dull red, and a purplish red nearly of the same 
tint as prussiate of copper ; they were all mixed 
with chalk or carbonate of lime. The yellows 
were pure ochres with carbonate of lime, and 
ochre mixed with minium and carbonate of lime. 
The blues were oxides of copper with carbonate 
of lime. Sir H. Davy discovered a frit made by 
means of soda and coloured with oxide of copper, 
approaching ultramarine in tint, which he sup- 
posed to be the frit of Alexandria ; its composition, 
he says, was perfect — " that of embodying the 
colour in a composition resembling stone, so as to 
prevent the escape of elastic matter from it, or the 
decomposing action of the elements ; this is a 
species of artificial lapis lazuli, the colouring matter 
of which is naturally inherent in a hard siliceous 
stone." 

Of greens there were many shades, all, however, 
either carbonate or oxide of copper, mixed with 
carbonate of lime. The browns consisted of ochres 
calcined, and oxides of iron and of manganese, and 
compounds of ochres and blacks. Sir H. Davy 
could not ascertain whether the lake which he dis- 
covered was of animal or of vegetable origin ; if of 
animal, he supposed that it was very probably the 
Tyrian or marine purple. He discovered also a 
colour which he supposed to be black wad, or 
hydrated binoxide of manganese ; also a black 
colour composed of chalk, mixed with the ink of 
the sepia officinalis or cuttle-fish. The transparent 



COLORES. 



COLORES. 



321 



blue glass of the ancients he found to he stained 
with oxide of cobalt, and the purple with oxide of 
manganese. 

The following list, compiled from the different 
sources of our information concerning the pigments 
known to the ancients, will serve to convey an 
idea of the great resources of the Greek and Ro- 
man painters in this department of their art ; and 
which, in the opinion of Sir H. Davy, were fully 
equal to the resources of the great Italian painters 
in the sixteenth century : — 

Red. The ancient reds were very numerous. 
KtyydGapL, piKros, cinnabaris, cinnabar, vermilion, 
bisulphuret of mercury, called also by Pliny and 
Vitruvius minium. 

The KivvaSapi 'IcSi/coV, cinnaharis Indica, men- 
tioned by Pliny and Dioscorides, was what is 
vulgarly called dragon's-blood, the resin obtained 
from various species of the calamus palm. 

Mi'Atoi seems to have had various significa- 
tion- ; it was used for cinnalxtris, minium, red lead, 
and rubrica, red ochre. There were various kinds 
of ruljricae, the Cappadocian, the Egyptian, the 
Spanish, and the Lemnian ; all were, however, 
red iron oxides, of which the best were the 
Lemnian, from the isle of Lemnos, and the Cap- 
padocian, called by the Romans rubrica Sinopica, 
by the Greeks 2ifanrir, from Sinope in Paphlagonia, 
whence it was first brought There was also an 
African rubrica called cicerculum. 

Minium, red oxide of lead, red lead, was called 
by the Romans cerw&x usta, and, according to 
Vitruvius, sandaracha; by the Greeks, piAros, 
and, according to Dioscorides (v. 122), travoapaKr). 
Pliny tells us that it was discovered through the 
accidental calcination of some cerussa (white lead) 
by a fire in the Pciraccus, and was first used as a 
pigment by Nicias of Athens, about 330 B.C. 

The Roman sandaracha seems to have had 
various significations, and it is evidently used 
differently by the Greek and Roman writers. 
Pliny speaks of different shades of sandaracha, 
the pale or massicot (yellow oxide of lead), and a 
mixture of the pale with minium ; it apparently 
also signified realgar or the red sulphuret of arsenic : 
there was also a compound colour of equal parts of 
sandaracha and rubrica calcined, called sandy x, 
aivtv^. Sir II. Davy supposed this colour to ap- 
proach our crimson in tint ; in painting it was 
frequently glazed with purple to give it additional 
lustre. 

Pliny speaks of a dark ochre from the isle of 
Syros, which he calls Syricum ; but he says also 
that it was made by mixing sandyx with rubrica 
Sinopica, 

Yellow. Yellow ochre, hydratcd peroxide of 
iron, the til of the Romans, the &X9 a "f 'he Greeks, 
formed the base of many other yellows mixed with 

various colours and carbonate of li Ochrv u;m 

procured from different parts ; the Attic was con- 
sidered the best ; it was first used in painting, ac- 
cording to Pliny, by Polygnotus and Micon, at 
Athens, about WiO B. C. 

'kpaivuiiv, auripigmrntum, orpiment (yellow 
sulphuret of arsenic), was also an important yel- 
low ; but it has not been discovered in any of tin- 
ancient paintings. The sandaracha has been al- 
ready mentioned. 

(iRKKN. (Itni^,c,,ll,i, X('i"f"f"^Aa, which ap- 
pear! to have been green carbonate of copper or 
malachite (green vercUtcr), was the green most ap- 



proved of by the ancients ; its tint depended upon 
the quantity of carbonate of lime mixed with it. 

Pliny mentions various kinds of verdigris (dia- 
cetate of copper), aerugo, ids, ids x^* ^ cvpria 
aerugo, and aeruca, and a particular preparation of 
verdigris called scolccia. Sir H. Davy supposes 
the ancients to have used also acetate of copper 
(distilled verdigris) as a pigment. Besides the 
above were several green earths, all cupreous 
oxides : Theodotion (QeoSoTiov), so called from 
being found upon the estate of Theodotius, near 
Smyrna ; Ajgnanum ; and the creta viridis, com- 
mon green earth of Verona. 

Bli'E. The ancient blues were also very 
numerous ; the principal of these was caeruleum, 
Kvavos, azure, a species of verditer or blue carbo- 
nate of copper, of which there were many varieties. 
It was generally mixed with carbonate of lime. 
Vitruvius and Pliny speak of the Alexandrian, 
the Cyprian, and the Scythian ; the Alexandrian 
was the most valued, as approaching nearest to 
ultramarine. It was made also at Pozzuoli by a 
certain Vestorius, who had learnt the method of its 
preparation in Egypt ; this was distinguished by 
the name of coelon. There was also a washed 
caeruleum called {omentum, and an inferior descrip- 
tion of this called tritum. 

It appears that ultramarine (lapis lazuli) was 
known to the ancients under the name of Ame- 
ntum, 'Apptvtov, from Armenia, whence it was 
procured. Sulphuret of sodium is the colouring 
principle of lapis lazuli, according to M. Gmelin of 
Tubingen. 

Indigo, Indicum, 'IvSikoV, was well known to 
the ancients. 

Cobalt. The ancient name for this mineral is 
not known ; but it has been supposed to be the 
X<iAk6s of Theophrastus, which he mentions was 
used for staining glass. No cobalt, however, has 
been discovered in any of the remains of ancient 
painting. 

PuBFLK. The ancients had also several kinds 
of purple, purjiurissum, ostrum, hgsginum, and 
various compound colours. The most valuable of 
these was the purpurutum, prepared by mixing 
the creta argentaria with the purple secretion of 
the murex (iroptpvpa). 

llysginum, vo~yivov (uayn, woad?), according to 
Vitruvius, is a colour between scarlet and purple. 

The Roman ostrum was a compound of red 
ochre and blue oxide of copper. 

Vitruvius mentions a puqile which was obtained 
by cooling the ochra usta with wine vinegar. 

Hubiae radii, madder-root. 

Brown. Ochra usta, burnt ochre. The browns 
were ochres calcined, oxides of iron and of manga- 
nese, and compounds of ochres and blacks. 

Black, txtranathum, pi\av. The ancient 

blacks were mostly carbonaceous. The best for 
the purposes of painting wen- < Irplmntinum, i\t- 
(pavrtvov, ivory-black ; and trggiiium, rpiryiyov, 
vine-black, made of burnt vine twigs. The former 
was used by Apcllcs, the latter by Polygnotus and 
M icon. 

The ittrnmrntum Indicum, mentioned by Pliny 
and Vitruvius, was probably tin- Chinese Indian 
ink. The blacks from sepia, and tin- black woad, 
have been llmulj mentioned. 

W'hitk. The ordinary (in-ek white was mrlinum, 
u <;.';■'. . an earth from the isle of Mclos ; for fresco 
painting the best was the African jaractonium, 
V 



S22 



COLOSSUS. 



COLUM. 



mapanoviov, so called from the place of its origin 
on the coast of Africa, not far from Egypt. There 
was also a white earth of Eretria, and the annu- 
larian white, creta amdaria or anulare, made from 
the glass composition worn in the rings of the 
poor. 

Carbonate of lead or white lead, cerussa, ^iip.v- 
010!', was apparently not much used by the ancient 
painters ; it was nowhere found amongst the Ro- 
man ruins. 

Sir H. Davy is of opinion that the azure, the 
red and yellow ochres, and the blacks, have not 
undergone any change of colour whatever in the 
ancient fresco paintings ; but that many of the 
greens, which are now carbonate of copper, were 
originally laid on in a state of acetate. 

Pliny divides the colours into colores floridi and 
colores austeri (xxxv. 1 2) ; the colores floridi were 
those which, in his time, were supplied by the 
employer to the painter, on account of their ex- 
pense, and to secure their being genuine ; they were 
minium, Armenium, cinnabaris, chrysocolla, Indi- 
cum, and purpurissum ; the rest were the austeri. 

Both Pliny (xxxv. 12) and Vitruvius (vii. 7) 
class the colours into natural and artificial ; the 
natural are those obtained immediately from the 
earth, which, according to Pliny, are Sinopis, 
rubrica, paraetonium, melinum, Eretria, and auri- 
pigmentum ; to these Vitruvius adds ochra, san- 
daracha, minium {vermilion), and chrysocolla, 
being of metallic origin. The others are called 
artificial, on account of requiring some particular 
preparation to render them fit for use. 

To the above list of colours, more names might 
still be added ; but being for the most part merely 
compounds or modifications of those already men- 
tioned, they would only take up space without 
giving us any additional insight into the resources 
of the ancient painters ; those which we have 
already enumerated are sufficient to form an in- 
finite variety of colour, and conclusively prove 
that the ancient painters, if they had not more, 
had at least equal resources in this most essential 
branch of painting with the artists of our own 
times. [R. N. W.] 

COLOSSUS (Ko\off<r6s). The origin of this 
word is not known, the suggestions of the gram- 
marians being either ridiculous, or imperfect in 
point of etymology. (Etym. Mag. p. 526. 16 ; 
Festus, s. v.) It is, however, very ancient, pro- 
bably of Ionic extraction, and rarely occurs in the 
Attic writers. (Blomf. Gloss, ad Aesch. Agam. 
406.) It is used both by the Greeks and Romans 
to signify a statue larger than life (Hesych. s. v. ; 
Aesch. Agam. 406 ; Schol. ad Juv. Sat. viii. 230), 
and thence a person of extraordinary stature is 
termed colosseros (Suet. Calig. 35) ; and the archi- 
tectural ornaments in the upper members of lofty 
buildings, which require to be of large dimensions 
in consequence of their remoteness, are termed 
colossicotera (KoXoaaiKtirfpa, Vitruv. iii. 3, com- 
pare Id. x. 4). Statues of this kind, simply 
colossal, but not enormously large, were too 
common amongst the Greeks to excite observation 
merely from their size, and are, therefore, rarely 
referred to as such ; the word being more fre- 
quently applied to designate those figures of gi- 
gantic dimensions (moles statuarum, turribus pares, 
Plin. H. N. xxxiv. 7. s. 18) which were first 
executed in Egypt, and afterwards in Greece and 
Italy. 



Among the colossal statues of Greece, the most 
celebrated, according to Pliny, was the bronze 
colossus at Rhodes by Chares of Lindus, a pupil of 
Lysippus. (See Diet, of G. and R. Biog. art. 
Chares.) Pliny mentions another Greek colossus 
of Apollo, the work of Calamis, which cost 500 
talents, and was twenty cubits high, in the city of 
Apollonia, whence it was transferred to the capital 
by M. Lucullus ; and also those of Jupiter and 
Hercules, at Tarentum, by Lysippus. (Diet, of 
G. and R. Biog. art. Lysippus.) To the list of 
Pliny must be added the more important colossal 
statues of Pheidias, the most beautiful of which 
were his chryselephantine statues of Zeus, at 
Olympia, and of Athena, in the Parthenon at 
Athens ; the largest was his bronze statue of 
Athena Promachus, on the Acropolis. 

Amongst the works of this description made ex- 
pressly by or for the Romans, those most fre- 
quently alluded to are the following : — 1 . A statue 
of Jupiter upon the capitol, made by order of Sp. 
Carvilius, from the armour of the Samnites, which 
was so large that it could be seen from the Alban 
mount. (Plin. I. c.) 2. A bronze statue of Apollo 
at the Palatine library (Plin. I.e.), to which the 
bronze head now preserved in the capitol probably 
belonged. 3. A bronze statue of Augustus, in the 
forum, which bore his name. (Mart. Ep. viii. 44. 
7.) 4. The colossus of Nero, which was executed 
by Zenodorus in marble, and therefore quoted by 
Pliny in proof that the art of casting metal was 
then lost. Its height was 110 or 120 feet. (Plin. 
I. c. ; Suet. Nero, 31.) It was originally placed in 
the vestibule of the domus aurea (Mart. Spect. ii. 
1, Ep. i. 71. 7 ; Dion Cass. lxvi. 15) at the bottom 
of the Via Sacra, where the basement upon which 
it stood is still to be seen, and from it the con- 
tiguous amphitheatre is supposed to have gained 
the name of " Colosseum." Having suffered in the 
fire which destroyed the golden house, it was 
repaired by Vespasian, and by him converted into 
a statue of the sun. (Hieronym. in Hah. c. 3 ; 
Suet. Vesp. 18 ; Plin. I. c. ■ compare Lamprid. 
Commod. 17 ; Dion Cass, lxxii. 15.) Twenty- 
four elephants were employed by Hadrian to re- 
move it, when he was about to build the temple of 
Rome. (Spart. Hadr. 19.) 5. An equestrian 
statue of Domitian, of bronze gilt, which was 
placed in the centre of the forum. (Stat. Sylv. i. 
1. 1 ; Mart. Ep. i. 71. 6.) [A. R.] 

COLUM (r)9)x6s), a strainer or colander, was 
used for straining wine, milk olive-oil, and other 





COLUMXA. 

liquids. Thus we find it employed in the making 
of olive-oil to receive the juice of the berry when 
pressed out by the prelum. Such cola were made 
of hair, broom or rushes (Virg. Gconj. ii. 242 ; 
Colum. It. It. xii. 19). Those that were used as 
articles of luxury for straining wine were fre- 
quently made of some metal, such as bronze or 
silver (Athcn. p. 470, d.) Various specimens of 
cola have been found at Pompeii. The preceding 
woodcut shows the plan and profile of one which 
is of silver (Mus. Iiorb. vol. viii. 14. fig. 4, 5). 

The Romans filled the strainer with ice or snow 
{cola nivaria) in order to cool and dilute the wine 
at the same time that it was cleared. [Nix.] [J. Y.] 

COLUMBA'RIUM, literally a dove-cote or 
pigeon-house, is used to express a variety of ob- 
jects, all of which however derive their name from 
their resemblance to a dove-cote. 

1. A sepulchral chamber. [Funus.] 

2. In a machine used to raise water for the pur- 
pose of irrigation, as described by Vitruvius (x. 9), 
the vents through which the water was conveyed 
into the receiving trough, were termed Columbaria. 
This will be understood by referring to the wood- 
cut at p. 100. [Antlia.] The difference between 
that representation and the machine now under 
consideration, consisted in the following points: — 
The wheel of the latter is a solid one (tympa- 
num), instead of radiated (rota) ; and was worked 
as a treadmill, by men who stood upon platforms 
projecting from the flat sides, instead of being 
turned by a stream. Between the intervals of 
each platform a series of grooves or channels (co- 
tumliaria) were formed in the sides of the tympa- 
num, through which the water taken up by a 
number of scoops placed on the outer margin of 
the wheel, like the jars in the cut referred to, was 
conducted into a wooden trough below (labrum 
liimmm nufijmaitum, Vitruv. /.<■.). 

3. The cavities which receive the extreme ends 
of the beams upon which a roof is supported (tiy- 
norum cubilia), and which arc represented by 
triglyphs in the Doric order, were termed Colum- 
baria by the Roman architects ; that is, whilst 
they remained empty, and until filled up by the 
head of the beam. The corresponding Greek term 
was ojrol (from oirVj, a hole), and hence the space 
between two such cavities, that is, in the com- 
plete building, between two triglyphs, was called 
/«toV»), a metope. (Vitruv. iv. 2 ; Marquez, /),//' 
Ordine Dorim, vii. 37.) [A. R.] 

COLUMEN, which is the same word as oil- 
men, is used in architecture, either generally for 
the roof of a building, or particularly for a beam 
in the highest part of the slope of a roof. By this 
description Vitruvius seems to mean either the col- 
lllr-btam, or the king-post, but more probably the 
latter, as he derives columna from columen (Vi- 
truv. iv. 2. § 1. Schn. ; Festus). [P. S.] 

COLUMN A (Kiiiv, dim. KiovU, kiSvwv, Kiovi- 
okov otiIAos, dim. itti/AIs, tnvKiOKoi), a pillar or 
column. 

The use of the trunks of trees placed upright 
for supporting buildings unquestionably led to the 
adoption of similar supports wrought in stone. 
Among the agricultural Greeks of Asia Minor, 
whose modes of life appear to have suffered little 
change for more than two thousand ycar», Sir C. 
Fellnu es observed an exact conformity of style and 
arrangement between the wooden huts now occu- 
pied by the peasantry, of one of which he has J 



COLUMNA. 323 
given a sketch (Journal, p. 234 ; see woodcut), 
and the splendid tombs and temples, which were 
hewn out of the rock, and constructed at the ex- 
pense of the most wealthy of the ancient inhabit- 
ants. We have also direct testimonies to prove 
that the ancients made use of wooden columns in 
their edifices. Pausanias (vi. 24. § 7) describes a 
very ancient monument in the market-place at 
Elis, consisting of a roof supported by pillars of 




oak. A temple of Juno at Metapontnm was sup- 
ported by pillars made from the trunks of vines. 
( Plin. //. X. xxiv. 1.) In the Egyptian architec- 
ture, many of the greatest stone columns are mani- 
fest imitations of the trunk of the palm. (Herod, 
ii. 169.) 

As the tree required to be based upon a flat 
square stone, .and to have a stone or tile of similar 
form fixed on its summit to preserve it from decay, 
so the column was made with a square base, and 
was covered with an alxicus. [Abacus.] Hence 
the principal parts of which every column consists 
are three, the base, the shaft, and the capital. 

In the Doric, which is the oldest style of Greek 
architecture, we must consider all the columns in 
the same row as having one common base (podium), 
whereas in the Ionic and Corinthian each column 
has a separate base, called airtipa. [SFIKA.] The 
capitals of these two latter orders show, on com- 
parison with the Doric, a greater degree of com- 
plexity and a much richer style of ornament ; 
and the character of lightness and elegance is 
further obtained in them by their more slender 
shaft, its height being much greater in proportion 
to its thickness. Of all these circumstances some 
idea may be formed by the inspection of the three 
accompanying specimens of pillars selected from 




v 2 



324 



COLUMNA. 



COLUMNA. 



each of the principal orders of ancient architecture. 
The first is from a column of the Parthenon at 
Athens, the capital of which is shown on a larger 
scale at p. 1. The second is from the temple of 
Bacchus at Teas, the capital of which is introduced 
at p. 144. The third is from the remains of the 
temple of Jupiter at Labranda. 

In all the orders the shaft (scapus) tapers from 
the bottom towards the top, thus imitating the 
natural form of the trunk of a tree, and at the 
same time conforming to a general law in regard 
to the attainment of strength and solidity in all 
upright bodies. The shaft was, however, made 
with a slight swelling in the middle, which was 
called the entasis. It was, moreover, almost uni- 
versally, and from the earliest times, channelled 
or fluted, i. e. the outside was striped with inci- 
sions parallel to the axis. (Vitruv. iv. 4.) These 
incisions, called striae, were always worked with 
extreme regularity. The section of them by a 
plane parallel to the base was, in the Ionic and 
Corinthian orders, a semicircle ; in the Doric, it 
was an arc much less than a semicircle. Their 
number was 20 in the columns of the Parthenon, 
above represented ; in other instances, 24, 28, 
or 32. 

The capital was commonly wrought out of one 
block of stone, the shaft consisting of several 
cylindrical pieces fitted to one another. When 
the column was erected, its component parts were 
firmly joined together, not by mortar or cement, 
but by iron cramps fixed in the direction of the 
axis. The annexed woodcut is copied from an 
engraving in Swinburne's Tour in the Two 
Sicilies (vol. ii. p. 301), and represents a Doric 
column, which has been thrown prostrate in such 
a manner as to show the capital lying separate, 
and the five drums of the shaft, each four feet 
long, with the holes for the iron cramps by which 
they were united together. 




Columns of an astonishing size were nevertheless 
erected, in which the shaft was one piece of stone. 
For this purpose it was hewn in the quarry into 
the requisite form (Virg. Aen. i. 428), and was 
then rolled over the ground, or moved by the aid 
of various mechanical contrivances, and by im- 
mense labour, to the spot where it was to be set 
up. The mausoleum of the Emperor Hadrian, a 
circular building of such dimensions that it serves 
as the fortress of modern Rome, was surrounded 
by forty-eight lofty and most beautiful Corinthian 
pillars, the shaft of each pillar being a single piece 
of marble. About the time of Constantine, some 
of these were taken to support the interior of a 
church dedicated to St. Paul, which a few years 
ago was destroyed by fire. The interest attached 
to the working and erection of these noble co- 
lumns, the undivided shafts of which consisted of 
the most valuable and splendid materials, led mu- 



nificent individuals to employ their wealth in pre- 
senting them to public structures. Thus Croesus 
contributed the greater part of the pillars to the 
temple at Ephesus. (Herod, i. 92.) In the ruins 
at Labranda, now called Jackly, in Caria, tablets 
in front of the columns record the names of the 
donors, as is shown in the specimen of them above 
exhibited. 

Columns were used in the interior of buildings, 
to sustain the beams which supported the ceiling. 
As both the beams and the entire ceiling were 
often of stone or marble, which could not be ob- 
tained in pieces of so great a length as wood, the 
columns were in such circumstances frequent in 
proportion, not being more than about ten or twelve 
feet apart. The opisthodomos of the Parthenon of 
Athens, as appears from traces in the remaining 
ruins, had four columns to support the ceiling. A 
common arrangement, especially in buildings of an 
oblong form, was to have two rows of columns 
parallel to the two sides, the distance from each 
side to the next row of columns being less than 
the distance between the rows themselves. This 
construction was adopted not only in temples, but 
in palaces (o(/coi). The great hall of the palace 
of Ulysses in Ithaca, that of the king of the 
Phaeacians, and that of the palace of Hercules at 
Thebes (Eurip. Here. Fur. 975—1013), are sup- 
posed to have been thus constructed, the seats of 
honour both for the master and mistress, and for 
the more distinguished of their guests, being at 
the foot of certain pillars. (Od. vi. 307, viii. 66. 
473, xxiii. 90.) In these regal halls of the Ho- 
meric era, we are also led to imagine the pillars 
decorated with arms. When Telemachus enters 
his father's hall, he places his spear against a 
column, and " within the polished spear-holder," 
by which we must understand one of the striae or 
channels of the shaft. (Od. i. 127 — 129, xvii. 29 ; 
Virg. Aen. xii. 92.) Around the base of the 
columns, near the entrance, all the warriors of the 
family were accustomed to incline their spears ; and 
from the upper part of the same they suspended 
their bows and quivers on nails or hooks. (Horn. 
Hymn, in Ap. 8.) The minstrel's lyre hung upon 
its peg from another column nearer the top of the 
room. (Od. viii. 67 ; Pind. 01. i. 1 7.) The co- 
lumns of the hall were also made subservient to 
less agreeable uses. Criminals were tied to them 
in order to be scourged, or otherwise tormented. 
(Soph. Ajax, 108 ; Lobeck ad he. ; Diog. Laert. 
viii. 21 ; Hesiod, Theog. 521.) According to the 
description in the Odyssey, the beams of the hall 
of Ulysses were of silver-fir ; in such a case, the 
apartment might be very spacious without being 
overcrowded with columns. (Od. xix. 38, xxii. 
176, 193.) 

Rows of columns were often employed within a 
building, to enclose a space open to the sky. 
Beams supporting ceilings passed from above the 
columns to the adjoining walls, so as to form 
covered passages or ambulatories (ffroal). Such 
a circuit of columns was called a peristyle (irepi- 
o-tvKov), and the Roman atrium was built upon 
this plan. The largest and most splendid temples 
enclosed an open space like an atrium, which was 
accomplished by placing one peristyle upon another. 
In such cases, the lower rows of columns being 
Doric, the upper were sometimes Ionic or Corin- 
thian, the lighter being properly based upon the 
heavier. (Paus. viii. 45. § 4.) A temple so con- 



COLUMN A. 

structed was called hypacthral {viraiBpos). [Tem- 
plum.] 

But it was on the exterior of public buildings, 
and especially of temples, that columns were dis- 
played in the most beautiful combinations, either 
surrounding the building entirely, or arranged in 
porticoes on one or more of its fronts. (For the 
Tarious arrangements of columns see Templcm.) 
Their original and proper use was, of course, to 
support the roof of the building ; and, amidst all 
the elaborations of architectural design, this object 
was still kept in view. The natural arrangement 
in such a case is obvious. A continuous beam (or 
scries of beams ) would be laid on the tops of a 
row of columns. On this beam would rest the 
ends of the cross-beams ; which would be tied 
together by another continuous piece, parallel to 
the first ; and above this, if the columns were at 
one end of the building, would rise the pitch of the 
roof. Now in the actual parts of an architectural 
order, we see the exact counterpart of these ar- 
rangements. On the summit of the row of columns 
rests the architrave, i. c. chief beam (lirujTv\iov, 
ejrintylium : above this is the frieze (fao<p6pos, 
(w<p6pos, zr/p/torus), in which the most ancient 
order, namely the Doric, Bhows, in its triglyphs, 
what were originally the ends of the cross-beams : 
in the other orders these ends are generally con- 
cealed, and the frieze forms a fiat surface, which is 
frequently ornamented by figures in relief, whence 
its Greek name. Above the frieze projects the 
comice (xopai/is, coronis, or corona), forming a 
handsome finish to the entablature (for so these 
three members taken together are called), and 
also, on the sides of the building, serving to unite 
the ends of the rafters of the roof. The triangular 
gablc-cnd of the roof, above the entablature, is 
called the pediment. [Fasticii'M.] The detailed 
description of the various portions of the column 
and entablature, in each of the orders, will be 
best understood by reference to the following 
wood-cuts, which are taken from Mauch's O'rie- 
chischen und Iiumischen Iiau-Ordnungen. 

I. The Doric Order is characterized by the 
absence of a la--, the thickness and rapid diminu- 
tion of the shaft, and the simplicity of the capital, 
which consists of a deep abacus, supported by a 
very flat oval moulding, called echinus, beneath 
which arc from three to five steps or channels 
(tjiAvrts, unnuli). Instead of the hypotruchitium 
(a sort of neck which unites the shaft to the 
capital in the other orders) there is merely a small 
portion of the shaft cut off by one or more narrow 
channels. In the entablature, the architrave is in 
one surface, and quite plain : the frieze is orna- 
mented by trif/h/plts (so called from the three flat 
bands into which they arc divided by the inter- 
vening channels), one of which is found over each 
column, and one over each intorcolumniation, ex- 
cept that the triglyph over a comer column is 
placed, not over the centre of the column, but at 
the extremity of the architrave, — a decisive proof, 
as Vilruviui remarks, that the triglyphs do not 
represent windows. The metopes between the 
triglyphs were ornamented with sculptures in high 
relief. The cornice is flat, and projects far, nnd on 
its under side arc cut several sets of drops, railed 
mutuU'S (mululi), one over each triglyph and each 
metope, the surfaces of which follow the slope of 
till roof, and which are said by Vitnivius to repre- 
sent the ends of the rafters of the roof. In the 



COLUMN A. 325 

most ancient examples of the order the columns are 
very short in proportion to their greatest thickness. 
In the temple at Corinth, which is supposed to be 
the oldest of all, the height of the columns is only 
7f modules (i. e. semi-diameters), and in the great 
temple at Paestum only 8 modules ; but greater 
lightness was afterwards given to the order, so 
that, in the Parthenon, which is the best example, 
the height of the columns is 12 modules. The fol- 
lowing profile is from the temple of Apollo Epi- 
curius at Phigaleia, built by the same architect as 
the Parthenon. For a comparison of the other 
chief examples, see the work of Mauch. 




The Itoman architects made considerable vari- 
ations in the order, the details of which arc shown 
in the engraving on the following page, from an ex- 
ample at Albano near Home. In the later examples 
of the Koman Doric, a base is given to the column. 

II. The Ionic Order is as much distinguished 
by Bimple gracefulness as the Doric by. majestic 
strength. The column is much more slender 
than the Doric, having, in the earliest known ex- 
ample, namely, the temple of Artemis at Ephcsus, 
a height of |f> modules, which was afterwards in- 
creased to 111. The shaft n-sts upon a base, which 
was either the elaborate Ionic or the Attic [SnBAj 
AttiiThiiKs]. The capital either springs di- 
rectly from the shaft, or there in a lit/jmtrachrlium, 
I separated from the shaft by an astragal moulding, 
v 3 



32a 



COLUMNA. 




and sometimes, as in the Erechtheium, adorned 
with leaf- work (avBefiiov). The capital itself con- 
sists of, first, an astragal moulding, above which 
is an echinus, sculptured into eggs and serpents' 
tongues, and above this (sometimes with a torus 
intervening) the canalis, from which spring the 
spiral volutes, which are the chief characteristics 
of the order. There is generally an ornamented 
abacus between the capital and the entablature. 
The architrave is in three faces, the one slightly 
projecting beyond the other ; there is a small 







1 i 




1 


% 


wmmmmmmmmm/tm 










COLUMNA. 
cornice between the architrave and the frieze, and 
all three members of the entablature are more or 
less ornamented with mouldings. The finest spe- 
cimens of the order in its most simple form are 
those in the temple of the Ilissus, and the temple 
of Athena Polias at Priene ; the latter is usually 
considered the best example of all. The portico 
of the temple of Athena Polias, adjoining to the 
Erechtheium, at Athens, displays a greater profusion 
of ornament, but is equally pure in its outlines. 
It is shown in the preceding engraving. 

The use of the Ionic Order presented one im- 
portant difficulty. In the side view of the 
capital, the volutes did not show their beautiful 
spiral curl, but only a roll, bound together by 
astragals ; so that, where the order had to be car- 
ried round a corner, it was necessary that the 
capital of the corner column should present two 
faces. This was accomplished by giving the outer 
volute an inclination of 45° to the surfaces, and 
sculpturing the spiral on each of its sides, as shown 
in the following engraving ; in which the upper 
figure shows an elevation, viewed from the inner 
side, and the lower figure a plan, of a corner capital 
of the Ionic Order. 





1 


m 








intra 




The Romans, with the usual infelicity of imita- 
tors, frequently made all the capitals with corner 
volutes. Their volutes also are usually stiff and 
meagre, and the order, as a whole, remarkably in- 
ferior to the Grecian examples. For a collection of 
specimens of the order, see the plates of Mauch. 

III. The Corinthian Order is still more slender 
than the Ionic, and is especially characterised by 
its beautiful capital, which is said to have been 
suggested to the mind of the celebrated sculptor 
Callimachus by the sight of a basket, covered by 
a tile, and overgrown by the leaves of an acanthus, 
on which it had accidentally been placed. The 
lowest member of the capital, answering to the 
hypotrachelium, is a sort of calyx (calathus), from 



COLUMN A. 
which spring generally two rows of acanthus 
leaves, surmounted at each corner by a small 
volute, the spaces between the volutes being oc- 
cupied by flowers, masks, or arabesques, or by an- 
other pair of volutes intertwining with each other. 
In the earlier examples, however, there is fre- 
quently only one row of acanthus leaves ; and in 
the so-called Tower of the Winds the volutes are 
wanting, and the capital consists only of an 
astragal, a single row of acanthus leaves, and a 
row of tongue-shaped leaves. In all the examples, 
except the last-mentioned, the abacus, instead of 
being square, as in the other orders, is hollowed at 
the edges, and the middle of each edge is orna- 
mented with a flower. The ornaments of the 
capital were sometimes cast in bronze. The order 
seems to have been invented about the time of the 
Peloponnesian War; but it did not come into general 
use till some time afterwards. The earliest known 
example of its use throughout a building is in the 
choragic monument of Lysicrates, which was built 
in B.C. 335 (see l>ict. of liiixj. art. Lysicrates), and 
from which the following engraving is takea 




COLUMNA. 327 

To these three orders the Roman architects 
added two others, which have, however, no claim 
to be considered as distinct orders. The Tuscan 
is only known to us by the description of Vitru- 
vius, as no ancient example of it has been pre- 
served. It was evidently nothing more than a 
modification of the Roman Doric, stripped of its 
ornaments. The Roman or Composite Order is 
only a sort of mongrel of the Corinthian and Ionic; 
the general character being Corinthian, except 
that the upper part of the capital is formed of an 
Ionic capital with angular volutes : and both 
capital and entablature are overloaded with orna- 
ments. The engraving is from the triumphal arch 
of Titus, which is considered the best example. 




For further details respecting the orders and 
their supposed history, see the 3d and 4th books 
of Vitruvius, the work of Mauch, and Stieglitz's 
Arcli'dolof/ie dcr ttaukumt. 

It only remains to mention some other uses of 
columns, besides their ordinary employment for 
supporting buildings either within or without 

Columns in long rows were used to convey 
water in aqueducts (Crates, ap. Athen. vi. 94) ; . 
and single pillars were fixed in harbours for moor- 
: ng ships. (Od. xxii. 46G.) Some- of these are 
found yet standing. 

Single columns were also erected to commemo- 
rate persons or events. Among these, tome of the 
most remarkable wire tin- columnar roslralar, 
called by that name because three ship-beaks pro- 
ceeded from each side of them, and designed to 
record successful engagements at sea (Virg. (,'etirp. 
iii. 2.1 ; Serviim, ml Inc.). The most im|Mirtaiit 
and celebrated of those which yet remain, is one 
eRCtod in honour of the consul C. Duillius, on 
occasion of his victory over the Carthaginian fleet, 
B.C. 2fil (see the annexed woodcut). It was 
originally placed in the forum ( I'lin. //. A', xxxiv. 
1 1 ), and is now preserved in the museum of the 
v 4 



328 COLUMNARIUM. 



COMA. 




capitol. The inscription upon it, in great part 
effaced, is written in obsolete Latin, similar to 
that of the Twelve Tables. (Quinctil. i. 7.) 
When statues were raised to ennoble victors at 
the Olympic and other games, or to commemorate 
persons who had obtained any high distinction, the 
tribute of public homage was rendered still more 
notorious and decisive by fixing their statues upon 
pillars. They thus appeared, as Pliny observes 
{H. N. xxxiv. 12), to be raised above other 
mortals. 

But columns were much more commonly used 
to commemorate the dead. For this purpose they 
varied in size, from the plain marble pillar bearing 
a simple Greek inscription (Leon. Tarent. in Br. 
Anal. i. 239) to those lofty and elaborate columns 
which are now among the most wonderful and in- 
structive monuments of ancient Rome. The 
column on the right hand in the last woodcut 
exhibits that which the senate erected to the 
honour of the Emperor Trajan, and crowned with 
his colossal statue in bronze. In the pedestal is a 
door which leads to a spiral staircase for ascending 
to the summit. Light is admitted to this staircase 
through numerous apertures. A spiral bas-relief 
is folded round the pillar, which represents the 
emperor's victories over the Dacians, and is one 
of the most valuable authorities for archaeological 
inquiries. Including the statue, the height of this 
monument, in which the ashes of the emperor were 
deposited, was not less than 130 feet. A similar 
column, erected to the memory of the Emperor 
Marcus Aurelius, remains at Rome, and is com- 
monly known by the appellation of the Antonine 
column. This sort of column was called cochlis or 
columna cocJdis. [Cochlis.] After the death of 
Julius Caesar, the people erected to his memory a 
column of solid marble, 20 feet high, in the forum, 
with the inscription parenti patriae. (Suet. 
Jul. 85.) Columns still exist at Rome, at Con- 
stantinople, and in Egypt, which were erected to 
other emperors. [P-S.] 

COLUMNA'RIUM, a tax imposed in the time 
of Julius Caesar upon the pillars that supported a 
house. (Cic. ad Atl. xiii. 6.) It was probably im- 



posed by the lex sumtuaria of Julius Caesar, and 
was intended to check the passion for the building 
of palaces, which then prevailed at Rome. The 
Ostiarium was a similar tax. [Ostiarium.] 

The columnarium levied by Metellus Scipio in 
Syria in B. c. 49 — 48, was a tax of a similar kind, 
but had nothing to do with the tax to which 
Cicero alludes in the passage quoted above. This 
columnarium was simply an illegal means of ex- 
torting money from the provincials. (Caes. B. C. 

iii. 32.) 

COLUS, a distaff. [Fusus.] 

COMA (icAfxri, Kovpa), the hair. 1. Greek. 
In the earliest times the Greeks wore their hair 
long, and thus they are constantly called in Homer 
Kapt)Kofi6oivTes 'AxatoL This ancient practice was 
preserved by the Spartans for many centuries. 
The Spartan boys always had their hair cut quite 
short (ip XPV K^ipovTes, Plut. Lye. 16) ; but as 
soon as they reached the age of puberty (e<J>?j- 
§ot), they let it grow long. They prided them- 
selves upon their hair, calling it the cheapest of 
ornaments (jwv Kdafiwv aSairavdraros), and be- 
fore going to battle they combed and dressed it 
with especial care, in which act Leonidas and his 
followers were discovered by the Persian spy be- 
fore the battle of Thermopylae (Herod, vii. 208, 
209). It seems that both Spartan men and 
women tied their hair in a knot over the crown of 
the head (comp. Aristoph. Lys. 1316, Kojmv irap- 
afiirvKiSSe, with Hor. Carm. ii. 11, in comptum 
Lacenae more comas religata nodum : Miiller, Dor. 

iv. 3. § 1). At a later time the Spartans aban- 
doned this ancient custom, and wore their hair 
short, and hence some writers erroneously attribute 
this practice to an earlier period. (Paus. vii. 14. 
§ 2 ; Philostr. Fit. Apoll. iii. IS. p. 106, ed. Olear. ; 
Plut. Ale. 23.) 

The custom of the Athenians was different. 
They wore their hair long in childhood, and cut it 
off when they reached the age of puberty. The 
cutting off of the hair, which was always done 
when a boy became an €<pT]€os, was a solemn act, 
attended with religious ceremonies. A libation 
was first offered to Hercules, which was called 
oiVnTT-ijpio or olviaffThpia (Hesych. and Phot. 
s. v.) ; and the hair after being cut off was dedi- 
cated to some deity, usually a river -god. ( Aeschyl. 
Chotph. 6 ; Paus. i. 37. § 2.) It was a very 
ancient practice to repair to Delphi to perform this 
ceremony, and Theseus is said to have done so. 
(Plut. Thes. 5 ; Theophr. Char. 21.) The ephebi 
are always represented on works of art with their 
hair quite short, in which manner it was also 
worn by the Athletae (Lucian, Dial. Mer. 5). 
But when the Athenians passed into the age of 
manhood, they again let their hair grow. In 
ancient times at Athens the hair was rolled up 
into a kind of knot on the crown of the head ; and 
fastened with golden clasps in the shape of grass- 
hoppers. This fashion of wearing the hair, which 
was called KpwSvXos, had gone out just before the 
time of Thucydides (i. 6) ; and what succeeded it 
in the male sex we do not know for certain. The 
Athenian females also wore their hair in the same 
fashion, which was in their case called K6pv/xSos, 
and an example of which is given in the follow- 
ing figure of a female taken from Millingen 
(Peintures Antiques, plate 40). The word Corym- 
bium is used in a similar sense by Petronius 
(c. 110). 



COMA. 



COMA. 



329 




On vases, however, wc most frequently find the 
heads of females covered with a kind of band or a 
coif of net-work. Of these coiffures one was called 
<r<pfvo'6Vn, which was a broad band across the fore- 
head, sometimes made of metal, and sometimes of 
leather, adorned with gold : to this the name of 
trrKtyyis was also given, and it appears to have 
been much the same as the S/iiru{ (Pollux, vii. 
1 79 ; Bbttiger, Vasenyem'dlde, iii. p. 225 ; Ampyx). 
But the most common kind of head-dress for 
females was Called by the general name of /cexpo- 
tpakos, and this was divided into the three species 
of K(Kpv<pa\os, rrctKKos, and n'trpa. The KfKpv- 
<pa\os, in its narrower sense, was a caul or coif of 
net-work, corresponding to the Latin reticulum. It 
was worn during the day as well as the night, and 
has continued in use from the most ancient times 
to the present day. It is mentioned by Homer 
(//. x.xii. 469), and is still worn in Italy and 
Spaip. These hair-nets were frequently made of 
gold-threads (Juv. ii. 9b' ; Pctron. 07), sometimes 




of silk (Salmas. Exerc. ad Solin. p. 392), or the 
Elean byssus (Paus. vii. 21. § 7), and probably 
of other materials, which are not mentioned by 
ancient writers. The persons who made these 
nets were called KeKpv<pa\oir\6Kot (Pollux, vii. 
179). Females with this kind of head-dress fre- 
quently occur in paintings found at Pompeii, from 
one of which the preceding cut is taken, represent- 
ing a woman wearing a Coa Vestis. [Co A 
Yestis.] (A/useo Borhon. vol. viii. p. 5.) 

The g&kkos and the ftirpa were, on the con- 
trary, made of close materials. The ctclkkos covered 
the head entirely like a sack or bag ; it was made 
of various materials, such as silk, byssus, and 
wool. (Comp. Aristoph. Thesm. 257.) Some- 
times, at least among the Romans, a bladder was 
used to answer the same purpose. (Mart. viii. 33. 
19.) The fiWpa was a broad band of cloth of 
different colours, which was wound round the 
hair, and was worn in various ways. It was 
originally an Eastern head dress, and may, there- 
fore, be compared to the modern turban. It is 
sometimes spoken of as characteristic of the Phry- 
gians. (Herod, i. 195, vii. 62 ; Virg. Aen. ix. 
GIG, 617 ; Juv. iii. 66.) It was, however, also 
worn by the Greeks, and Polygnotus is said to 
have been the first who painted Greek women 
with mitrae (Plin. //. N. xxxv. 9. s. 35). The 
Roman calanlica or calvaiica is said by Servius 
(iid Virg. Aen. ix. 616) to have been the same as 
the mitra, but in a passage in the Digest (34. 
tit. 2. s. 25. § 10) they are mentioned as if they 
were distinct In the annexed cut, taken from 
Millin (Peintures de Vases Antiques, vol. ii. pi. 43), 
the female on the rijrht hand wears a cyanic * and 
that on the left a n'lrpa. 




With respect to the colour of the hair, black 
was the most frequent, but lilonde (£af0j) K6p.ii) 
was the most prized. In Homer, Achilles, Ulys- 
ses, and other heroes are represented with blonde 
hair (//. i. 197, Od. xiii. 399, &r.) At a Inter 
time it seems to have been not uiifrequent to dye 
hair, so ns to make it either black or blonde, and 
this was done by men as well ns by women, espe- 
cially when the hair was growing gniy. (Pollux, 
ii. 35; Acliun, V. II. mi. 20; Allien, xii. p. 
542, (L ; I.ucian, Amur. 40.) 

Roman. Besides the generic ennui we also 
find the following words signifying the hair : at- 



330 



COMES. 



COMITIA. 



pittas, caesaries, crimes, cincinnus, and cirrus, the 
two last words being used to signify curled hair. 
In early times the Romans wore their hair long, as 
was represented in the oldest statues in the age of 
Varro (De Re Rust. ii. 11. § 10), and hence the 
Romans of the Augustan age designated theii 
ancestors intonsi (Ov. Fast. ii. 30) and capillati 
(Juv. vi. 30). But after the introduction of bar- 
bers into Italy about B. c. 300, it became the 
practice to wear their hair short. The women too 
originally dressed their hair with great simplicity, 
but in the Augustan period a variety of different 
head-dresses came into fashion, many of which are 
described by Ovid (de Art. Am. iii. 136, &c). 
Sometimes these head-dresses were raised to a 
great height by rows of false curls (Juv. Sat. vi. 
502). The dressing of the hair of a Roman lady 
at this period was a most important affair. So 
much attention did the Roman ladies devote to it, 
that they kept slaves especially for this purpose, 
called ornatrices, and had them instructed by a 
master in the art (Ov. de AH. Am. iii. 239 ; Suet. 
Claud. 40 ; Dig. 32. tit. 1. s. 65). Most of the 
Greek head-dresses mentioned above were also 
worn by the Roman ladies ; but the mitrae appear 
to have been confined to prostitutes (Juv. iii. 66). 
One of the simplest modes of wearing the hair 
was allowing it to fall down in tresses behind, and 
only confining it by a band encircling the head 
[Vitta]. Another favourite plan was platting the 
hair, and then fastening it behind with a large 
pin, as is shown in the figure on p. 14. 

Blonde hair was as much prized by the Romans 
as by the Greeks, and hence the Roman ladies 
used a kind of composition or wash to make it ap- 
pear this colour (spuma caustica, Mart. xiv. 26 ; 
Plin. H. N. xxviii. 12. s. 51). 

False hair or wigs (<J>eea/cr/, irr\v'iKi), galerus) 
were worn both by Greeks and Romans. (See 
e.g. Juv. vi. 120.) Among both people likewise 
in ancient times the hair was cut close in mourn- 
ing [Funus] ; and among both the slaves had 
their hair cut close as a mark of servitude. 
(Aristoph. Aves, 911 ; Plaut. Amph. i. 1. 306 ; 
Becker, Charicles, vol. ii. p. 380, &c. ; Bb'ttiger, 
Sabina, vol. i. p. 138, &c.) 

COMES, first signified a mere attendant or 
companion, distinguished from socius, which always 
implied some bond of union between the persons 
mentioned. Hence arose several technical senses 
of the word, the connection of which may be easily 
traced. 

It was applied to the attendants on magistrates, 
in which sense it is used by Suetonius (Jul. Caes. 
42). In Horace's time (Epist. i. 8. 2) it was cus- 
tomary for young men of family to go out as contuber- 
nales to governors of provinces and commanders-in- 
chief, under whose eye they learnt the arts of war 
and peace. This seems to have led the way for 
the introduction of the comites at home, the main- 
tenance of whom was, in Horace's opinion (Sat. i. 6. 
101), one of the miseries of wealth. Hence a person 
in the suite of the emperor was termed comes. As 
all power was supposed to flow from the imperial 
will, the term was easily transferred to the various 
offices in the palace and in the provinces (comites 
palatini, provinciates). About the time of Con- 
stantine it became a regular honorary title, includ- 
ing various grades, answering to the comites ordinis 
primi, secundi, tertii. The power of these officers, 
especially the provincial, varied with time and place; 



some presided over a particular department, with 
a limited authority, as we should term them, com- 
missioners ; others were invested with all the 
powers of the ancient proconsuls and praetors. 

The names of the following officers explain 
themselves : — Comes Orientis (of whom there seem 
to have been two, one the superior of the other), 
comes Aegypti, comes Britanniae, comes Africae, 
comes rei militaris, comes portuum, comes stabuli, 
comes domesticorum equitum, comes clibanarius, 
comes linteae vestis or vestiarii (master of the 
robes). In fact the emperor had as many comites 
as he had duties : thus, comes consistorii, the em- 
peror's privy-councillor ; comes largitionum priva- 
tarum, an officer who managed the emperor's pri- 
vate revenue, as the comes largitionum sacrarum 
did the public exchequer. The latter office united 
in a great measure the functions of the aedile and 
quaestor. The four comites commerciorum, to 
whom the government granted the exclusive privi- 
lege of trading in silk with barbarians, were under 
his control. An account, however, of the duties 
and functions of the comites of the later empire 
does not fall within the scope of the present 
work. [B. J.] 

COMISSA'TIO (from ku/jlos, Varr. De Ling. 
Lot. vii. 89, ed. Miiller), the name of a drinking 
entertainment, which took place after the coena, 
from which, however, it must be distinguished. 
Thus Demetrius says to his guests, after they had 
taken their coena in his own house, " Quin co- 
missatum ad fratrem imus ? " (Liv. xl. 7) ; and 
when Habinnas comes to Trimalchio's house after 
taking his coena elsewhere, it is said that " Comis- 
sator intravit" (Petron. 65). It appears to have 
been the custom to partake of some food at the 
comissatio (Suet. Vitell. 13), but usually only as a 
kind of relish to the wine. 

The comissatio was frequently prolonged to a 
late hour at night (Suet. Tit. 7) ; whence the verb 
comissari means "to revel" (Hor. Carm. iv. 1. 11), 
and the substantive comissator a " reveller " or 
" debauchee." Hence Cicero (Ad Att. i. 16) calls 
the supporters of Catiline's conspiracy comissatores 
conjurationis. (Becker, Gallus, vol. ii. p. 235.) 

COMI'TIA. This word is formed from co, cum, 
or con, and ire, and therefore comitium is a place of 
meeting, and comitia the meeting itself, or the 
assembled people. In the Roman constitution the 
comitia were the ordinary and legal meetings or 
assemblies of the people, and distinct from the 
condones and concilia; or, according to the still 
more strict definition of Messala (ap. Gell. xiii. 15), 
comitia were those assemblies convened by a 
magistrate for the purpose of putting any subject to 
their vote. This definition does not indeed com- 
prehend all kinds of comitia, since in the comitia 
calata no subjects were put to the vote of the 
people, certain things being only announced to 
them, or they being only witnesses to certain 
solemn acts, but with this single exception the de- 
finition is satisfactory. The Greek writers on 
Roman affairs call the comitia at apxaipeaiai, to 
apX aI P f(ria > (fATjtrt'a and tyrjcpocpopia. 

All the powers of government were divided at 
Rome between the senate, the magistrates, and 
the people in their assemblies. Properly speak- 
ing, the people alone (the populus) was the real 
sovereign by whom the power was delegated to 
the magistrates and the senate ; and the magis- 
trates in particular could not perform any public 



C0MIT1A. 



COMITIA. 



331 



act, unless they were authorised by the senate and 
people. The sovereign people or populus, however, 
was not the same at all times. In the earliest 
times of Rome the populus consisted of the patri- 
cians (or patres) only, the plebs and the clients 
forming no part of the populus, but being without 
the pale of the state. The original populus was 
divided into thirty curiae, and the assembly of 
these curiae, or the comitia curiata, therefore, were 
the only assembly in which the populus was re- 
presented. A kind of amalgamation of the patri- 
cians and the plebs afterwards appeared in the 
comitia of the centuries, instituted by king Servius 
Tullius, and henceforth the term populus was ap- 
plied to the united patricians and plebeians assem- 
bled in the comitia centuriata. But Servius had 
also made a local division of the whole Roman ter- 
ritory into thirty tribes, which held their meetings 
in assemblies called comitia tributa, which, in the 
course of time, acquired the character of national 
assemblies, so that the people thus assembled were 
likewise designated by the term populus. We 
shall examine in order the nature, power, and busi- 
ness of each of these different comitia. 

I. Comitia calata. These and the comitia 
curiata were the only assemblies that met and were 
recognized at Rome previous to the time of Servius 
Tullius, and inasmuch as the populus of which 
they consisted was the same as the populus in the 
comitia curiata, they might also be called comitia 
curiata, but they differed in their objects, in the 
persons presiding at them, and in the place of 
meeting. The comitia calata were held under the 
presidency of the college of pontiffs (Gellius, xv. 
'27), who also convened them. They derived their 
name calata (from calare, L c. vocare) from the cir- 
cumstance that the attendants or servants of the 
pontiffs, who were probably employed in calling 
them together, were termed calatores. (Serv. ail 
Vvrg. deary, i. 268.) Their place of meeting was 
probably always on the Capitol in front of the 
curia Calabra, which seems to have been an official 
building of the pontiffs, and to have been destined 
for this purpose. (Paul. Diac. p. 49, cd. Miiller ; 
V'arro, Ue ting, Ixii. v. 1. p. 24.) With regard 
to the functions of the comitia calata, all writers 
are agreed that the people assembled acted merely 
a passive part, that they met only for the purpose 
of hearing what was announced, and of being wit- 
nesses to the actions there performed. One of the 
things which were made known to the people in 
these comitia, was that on the calends of every 
month it was proclaimed on what day of the new 
month the nones fell, and perhaps also the ides 
ns well as the nature of the other days, namely, 
whether they were fasti or nefasti, comitialcs, 
feriae, &c, because all these things were known 
in tin' early times to the pontiffs exclusively. (Liv. 
ix. 16' ; Macrob. Sat. i. 15 ; Serv. ail Acn. viii. 
654 ; Varro, l)e lAng. I/it. vL 4.) Another func- 
tion of the comitia calata was the inauguration of 
the llamines, and nftiT the banishment of the kings, 
also that of the rex sacrorum. (Gellius, /. c.) A 
third business which was transacted in them was 
the trstami-nli fill-tin, or the making of a will. The 
object of this was probably to prevent, after the 
death of the testator, any dispute concerning his 
will, to which the whole assembly of tin- populus 
had been a witness ; and it is not improbable that, 
as the art of writing was not sufficiently known in 
those times, it was thought a matter of importance 



to have the whole populus as a witness to snch an 
act, which perhaps consisted in an oral declaration. 
The populus thus did not vote upon the validity 
or invalidity of a will, but solely acted the part of 
a witness. (Gellius, xv. 27 ; Theophil. ii. 10.) 
Assemblies for the express purpose of making the 
populus witness to a will were in the earliest times 
held twice in every year (Gaius, ii. § 101) ; but 
this custom afterwards fell into desuetude. (Gaius, 
ii. § 103.) A fourth business transacted in the 
comitia calata was the detestatio sacrorum, which 
was in all probability an act connected with the 
testamenti factio, that is, a solemn declaration, by 
which the heir was enjoined to undertake the sacra 
privata of the testator along with the reception of 
his property. (Gellius, xv. 27, comp. vi. 12.) It 
has already been observed that originally onlv the 
members of the curiae formed the comitia calata, 
so that they were the same as the comitia curiata, 
in this respect ; but from the words of Gellius 
(eorum autem alia esse curiata, alia centuriata), it 
is clear that after the time of Servius Tullius, there 
must have been two kinds of comitia calata, the 
one convened according to curiae by a lictor, and 
the other according to centuries by a comicen. As 
regards the business of the latter, we have no in- 
formation whatever, though it is not impossible, 
that in them all announcements respecting the 
calendar were made by the pontiffs, as this was a 
matter of interest .to the whole people, and not to 
the populus alone (Macrob. and Serv. //. cc.) ; 
and it may further be, that in the calata centuriata 
the testamenta of plebeians were laid before the 
assembled people ; as in the calata curiata, they 
were laid before the assembled curies. 

II. Comitia curiata (^KxArjo-ia <pparpiKi] 
or <J>oTpio)ci)) were of far greater importance than 
the comitia calata, inasmuch as the populus here 
was not present in a mere passive capacity, but 
had to decide by its votes as to whether a 
measure brought before it was to be adopted 
or rejected. As the populus was at first only 
the body of real citizens, that is, the patri- 
cians, or those contained in the curiae, none but 
members of the curiae, that is, patricians, had a 
right to take part in these assemblies. It is a 
disputed [joint, as to whether the clients of the 
patricians had a right to vote in the comitia curiata ; 
but it is highly probable that, when they appeared 
in them, the}' could not act any other |>art than 
that of listeners and spectators. They were con- 
vened, in the kingly period, by the king himself, 
or by his tribunus celerum, and in the king's ab- 
sence by the praefectus urbi. (Liv. i. .59.) After 
the death of a king the comitia were held by the 
interrcx. In the republican period, the president 
wa3 always one of the high patrician magistrates, 
viz. a consul, praetor or dictator. (Cic. I)e Ijtg. 
Agr. ii. II, 12 ; Liv. ix. 3ff.) They were called 
together by lictors or heralds. (Gellius, xv. 27 ; 
Dionys. ii. 7.) The votes were given by curiae, 
each curia having one collective vote ; but within 
a curia each citizen belonging to it had nn inde- 
pendent vote, and the majority of the members of 
a curia determined the vote of the whole curia. 

(Gell. /. r. ; Liv. i. I .'< ; Dionvs. ii. 14, iv. 20, H4, 

v. 6.) Now as the curiae were thirty in number, 
it was impossible to obtain n simple majority, 
which must always have consisted of 16 curiae. 
Ilow matters were decided in case of 15 curiae 
voting for and 15 against a measure, is quite mi- 



332 



COMITIA. 



COMITIA. 



certain ; and the fact that the awkward number 
30 was chosen or retained for the assembly can be 
accounted for only by the fact that the number 
three and its multiples had a certain sacred import 
in all matters connected with the constitution. 
The order in which the curiae voted, was not fixed 
by any regulation, but it appears that the one 
which gave its vote first, and was called pri?icipium, 
was determined by lot. (Liv. ix. 38.) Further 
particulars regarding the method of voting, how- 
ever, are not known. The president in the comitia 
curiata was always the person that had convoked 
them, that is, in the kingly period, either the king 
himself, or the person that acted as his vicegerent, 
and the meeting was always held in the comitium. 

As regards the powers and functions of the 
comitia curiata, it must first of all be borne in mind, 
that in the early times no comitia, of whatever 
kind they were, had the right to originate any 
measure, to introduce amendments, or to discuss 
the merits and demerits of any subject that was 
brought before them. All they could do was to 
accept or reject any measure which was brought 
before them, so that all proposals were in fact no- 
thing but rogationes (populus rogatur), which the 
people passed by the formula uti rogas, or rejected 
by the formula antiquo. Whatever was thus de- 
creed became law for the king and senate no less 
than for the people. The main points upon which 
the populus had to decide, were the election of the 
magistrates, including the king himself, the pass- 
ing of laws, peace and war, the capital punishment 
of Roman citizens (Dionys. ii. 14, iv. 20, ix. 41), 
and, lastly, upon certain affairs of the curiae and 
gentes. In the kingly period, the only magistrate 
in whose person all the powers of the republican 
officers were concentrated, was the king himself. 
All the other officers were appointed by him, with 
the exception of the quaestores, who were elected 
by the people (Ulpian, Dig. ii. 13 ; but comp. Tac. 
Ann. xi. 22 ; Quaestor). With regard to the 
election of the king, the assembly, as in all other 
matters, was limited to the persons proposed by 
the senate through the president in the assembly, 
that is, when the senate had passed a decree re- 
specting the election, the interreges determined 
upon the candidates, from among whom he was to 
be chosen, and then proposed them to the curiae. 
(Dionys. iv. 34, 40, 80, ii. 58, 60, iii. 36 ; Liv. i. 
17 ; Cic. De Re Publ. ii. 13 ; comp. Interrex 
and Rex.) The priestly officers, such as the Cu- 
riones, Flamines Curiales, were likewise either 
elected by the curiae, or at least inaugurated by 
them (Dionys. ii. 22 ; Gell. I. c), until in later 
times, B. c. 104, the Domitian law transferred the 
whole appointment of the priestly colleges to the 
comitia of the tribes. Legislative proposals were 
laid before the curiae by the king or the senate, 
and they might either pass them as laws or reject 
them. Such laws belonging to the kingly period 
were the so-called leges regiae; their number cannot 
have been great, as custom and religion had hal- 
lowed and firmly established the principal rules of 
conduct without there being any necessity for 
formal legal enactments. The right of finally de- 
ciding upon the life of Roman citizens (judicia de 
capite civis Romani) is said to have been given to 
the populus by king Tullus Hostilius (Liv. i. 26, 
viii. 33 ; Dionys. iii. 22) ; and previous to the con- 
stitution of Servius Tullius this privilege was of 
course confined to the patricians, for whom it was 



nothing else but the right of appealing from the 
sentence of the king or judge to the assembly of 
their peers. When Valerius Publicola renewed 
this law, it must have been extended to the ple- 
beians also. The fourth right of the assembly of 
the populus was that of deciding upon war and 
peace, but this decision again could only be made 
when it was proposed by the king. With regard 
to the declaration of war there is no doubt (Liv. 

i. 32 ; Gellius, xvi. 4 ; Dionys. viii. 91, ix. 69) ; 
but there is no instance on record of the populus 
ever having had any thing to do with the conclu- 
sion of treaties of peace ; no trace of it occurs till 
long after the establishment of the republic, so that 
we may fairly presume that in early times the 
conclusion of peace was left to the king (or the 
consuls) and the senate, and that Dionysius, as in 
many other instances, transferred a later custom to 
the early times. Besides these great functions the 
curiae had unquestionably many others relating to 
their own internal administration ; and among 
them we may mention, that no new members 
could be admitted into a curia, either by the co- 
optatio of strangers or by the adlectio of plebeians, 
without the consent of the assembly of the curies ; ' 
and that no arrogatio could take place without the 
concurrence of the assembled curiae under the pre- 
sidency of the pontiffs. The consent of the curiae 
in such cases is expressed by the term lex curiata. 
(Gellius, v. 19 ; Tac. Hist. i. 15.) It must further 
be remarked, that when a magistrate (such as the 
king) proposed to the assembly had been elected, 
the populus held a second meeting, in which he 
was formally inducted in his new office. This 
formality was called lex curiata de imperio, where- 
by the magistrate received his imperium, together 
with the right of holding the comitia. (Liv. v. 52 ; 
Dion Cass, xxxix. 19, xli. 43 ; Cic. De Leg. Agr. 

ii. 12.) It was not till a magistrate had thus been 
solemnly installed, that he was a magistratus op- 
tima lege or optimojure, that is, in the full posses- 
sion of all the rights and privileges of his office. 

Down to the time of Servius Tullius, the comitia 
curiata were the only popular assemblies of Rome, 
and remained of course in the undiminished pos- 
session of the rights above described ; but the con- 
stitution of that king brought about a great change, 
by his transferring the principal rights which had 
hitherto been enjoyed by the curiae to this new 
national assembly or the comitia centuriata. The 
power of electing the magistrates, the decision 
upon war, the passing of laws and jurisdiction in 
cases of appeal to the body of the Roman people, 
were thus transferred to the comitia of the cen- 
turies. But while the patricians were obliged to 
share their rights with the plebeians, they reserved 
for themselves the very important right of sanc- 
tioning or rejecting any measure which had been 
passed by the centuries. Even independent of 
their right finally to decide upon these questions, 
they seem, for a time at least, to have exercised a 
considerable power in several departments of the 
government : thus, the abolition of royalty and the 
establishment of the republic are said to have been 
decreed by the curiae (Dionys. iv. 75, 84) ; in 
like manner they decided upon the property of the 
last king (Dion's, v. 6), and upon the rewards to 
be given to those who had given information re- 
specting the conspiracy (v. 57). The sanction of 
decrees passed by the centuries is often expressed 
by palres auctores fiunt, and down to the time of the 



COMITIA. 



COM IT I A. 



333 



Publilian law no decree of the centuries or tribes 
could become law without this sanction. It need 
hardly be remarked that the curiae, as long as they 
existed, retained the exercise of such rights as af- 
fected the welfare of their own corporations and 
the religious rites connected with them. We sub- 
join a list of the powers and functions which the 
curiae continued to exercise down to the end of 
the republic. 

1. They conferred the impcrium and the right 
of taking the auspices upon magistrates after their 
election ; this was done by the lex curiata de im- 
perii). This right however must, in the course of 
time, have become a mere matter of form, and 
in the time of Cicero (ad Alt. iv. 18, ad Fam. 
xiii. 1), persons even might form the plan of 
gaining over three augurs to declare that they 
had been present in the comitia of the curiae, at 
which the impcrium had been conferred, although 
in reality no such comitia had taken place at all. 
This fact warrants the conclusion that at that 
time few persons, if any, noticed such comitia or 
the granting of the imperium in them. (Comp. 
Cic. ad Fam. i. 9, ad Q. Fratr. iii. 2.) 2. The 
inauguration of certain priests, such as the Fla- 
mines and the Rex Sacrorum, though this took 
place in those comitia of the curiae, which were 
called calata. The curio maximus was in all pro- 
bability consecrated, if not elected, in the comitia 
curiata. (Liv. xxvii. 8.) 3. The internal affairs 
of the curiae themselves and of the families con- 
nected with tbem ; but most of them came only 
before the comitia calata. (Sec above.) The real 
comitia curiata began to be a mere formality as 
early as the time of the Punic wars, and the ancient 
division into curiae, as it gradually lost its im- 
portance, fell into oblivion : the place of the patri- 
cians was filled by the nobiles or optimatcs, and 
the comitia of the former became a mere empty 
show (Cic. De Leg. Ayr. ii. 12), and, instead of 
the thirty curiae themselves giving their votes, the 
ceremony was performed by thirty lictors. The 
patrician comitia calata were continued much longer, 
especially for the purpose of arroyationcs, which 
under the empire again became a matter of some 
consequence. r AnoPTio.] 

III. Comitia centi'Iuata (y Aox?tu Ik- 
(fAijfri'o). The object of the legislation of Scr- 
vius Tullius was to unite the different elements 
of which the Roman people consisted, into one 

Accnrdiny to A in/. 

I. Classis. Census: 1 00,000 asses. 
40 Ceuturiae senionim. 

40 centuriac junionim. 
2 centuriac fabnim. 

II. Classis. Census: 75,000 asses. 
10 centuriac seniorum. 

10 centuriac juniorum. 

III. Classis. Census: 50,000 asses. 
10 centuriac seniorum. 

10 centuriac junionim. 

IV. Ci.assis. Census: 25,000 asses. 
10 centuriac seniorum. 

10 centuriac junionim. 



great political body, in which power and in- 
fluence were to be determined by property and 
age. For this purpose, he divided, in his census, 
the whole body of Roman citizens into six pro- 
perty classes, and 193 centuriae (Aoxoi) or votes, 
from which the assemblies in which the people 
gave their votes were called comitia centuriata. 
[Census.] By this means, Servius brought about 
an amalgamation of timocracy and aristocracy ; and 
the poor citizens, though they met their wealthier 
brethren on a footing of equality, yet were un- 
able to exercise any great influence upon public 
affairs, for the wealthier classes voted first, and if 
they agreedjimong themselves, they formed a majo- 
rity before the poorer classes would be called upon 
to vote at all. In order to render these general 
observations more intelligible, it is necessary to 
give some account of the census which Servius in- 
stituted, and of the manner in which the votes 
were distributed among the several divisions of the 
people. The whole people was conceived as an 
anny (exercitus, or, according to the more ancient 
term, classis), and was therefore divided into two 
parts : the cavalry (equiles), and infantry (pedites), 
though it is not by any means necessary to sup- 
pose that the people assembled in arms. The in- 
fantry was divided into five classes, or, as Dionysius 
has it, into six classes, for he regards the whole 
body of people, whose property did not come up 
to the census of the fifth class, as a sixth. The 
class to which a citizen belonged, detennined the 
tri/jutum, or war tax. he had to pay, as well as the 
kind of service he had to perform in the army and 
the armour in which he had to serve. But for the 
purpose of voting in the comitia, each class was 
subdivided into a number of centuries (ceiduriac, 
probably because each was conceived to contain 
100 men, though the centuries may have greatly 
differed in the number of men they contained), 
one half of which consisted of the scniores, and the 
other of the juniorcs. Each century, further, was 
counted as one vote, so that a class had as many 
votes as it contained centuries. In like manner, 
the cquites were divided into a number of centuries 
or votes. The two principal authorities on these 
subdivisions are, Livy (i. 43), and Dionysius (iv. 
1 6, &c, vii. 59), and the annexed table will show 
the census as well as the number of centuries or 
votes assigned to each class, and the order in which 
they voted. 

According to Dionysius. 

I. Ci.assis. Census: 100 minac. 
40 centurine senionim. 

40 centuriae junionim. 

II. Ci.assis. Census: 75 minae. 
10 centuriac seniorum. 

10 centuriae juniorum. 

2 centuriac fahmm(onc voting with the scniores 
and the other with the juniorcs). 

I I I. Ci.assis. Census: 50 minae. 
10 centuriae seniorum. 

10 centuriae junionim. 

IV. Classis. Census : 26 minac 
10 centuriae senionim. 

10 centuriae junionim. 

2 centuriae coniicinum nnd tubicinum (one voting 
with the scniores, and the other with the 
juniorcs). 



334 



COMITIA. 



COMITIA. 



According to Livy. 
V. Classis. Census: 11,000 asses. 
15 centuriae seniorum. 
15 centuriae juniorum. 
3 centuriae accensorum, cornicinum, tubicinum. 
1 centuria capite censorum. 

According to both Dionysius and Livy, the equites 
voted in eighteen centuries before the seniores of 
the first class ; and hence, there were according to 
Livy, altogether 194, and, according to Dionysius, 

193 centuries or votes. Livy's even number of 

1 94 centuries would have rendered it impossible to 
obtain an absolute majority in the comitia ; and it 
has been assumed, that he made a mistake in the 
three centuriae accensorum, cornicinum, tubicinum, 
which he adds to the fifth class. Dionysius seems 
to have represented the matter in its right light, 
and is also born out by Cicero {De Re Pabl. ii. 
22), who describes ninety-six as the minority ; but 
in other respects, Cicero is irreconcileable, both 
with Livy and Dionysius : a difficulty which will 
probably never be solved satisfactorily, as the text 
is corrupt. The other discrepancies between Livy 
and Dionysius are not of great importance. They 
consist in the places assigned to the two centuriae 
fabrum, the two of the cornicines and tubicines, 
and in the census of the fifth class. With regard 
to the last point, Dionysius is at any rate more 
consistent in his gradation, and in so far deserves to 
be preferred to Livy. As for the places assigned to 
the four centuries, it is impossible to determine 
whether Livy or Dionysius is right ; and we can 
only say, that Cicero agrees with neither of them, 
assigning, as he does, only one century of the fabri 
tignarii to the first class. 

In this manner all Roman citizens, whether 
patricians or plebeians, who had property to a cer- 
tain amount, were privileged to take part and vote 
in the centuriata comitia, and none were excluded 
except slaves, peregrini, women and the aerarii. 
The juniores were all men from the age of seven- 
teen to that of forty-six, and the seniores, all men 
from the age of forty-six upwards. The order of 
voting was arranged in such a manner, that if the 
eighteen centuries of the equites and the eighty 
centuries of the first class were agreed upon a 
measure, the question was decided at once, there 
being no need for calling upon the other classes to 
vote. Hence, although all Roman citizens ap- 
peared in these comitia on a footing of equality, 
yet by far the greater power was thrown into the 
hands of the wealthy. 

As regards the functions of the comitia centuriata, 
it must be observed in general, that all the business 
which had before belonged to the comitia curiata, 
was transferred by Servius to the comitia centu- 
riata, that is, they received the right of electing 
the higher magistrates, of making laws and of de- 
ciding upon war, and afterwards also of concluding 
peace with foreign nations. 

(a.) The election of magistrates. After the pre- 
siding magistrate had consulted with the senate 
about the candidates who had offered themselves, 
he put them to the vote. The magistrates that 
were elected by the centimes are the consuls 
(whence the assembly is called comitia consularia, 
Liv. i. 60, x. 11), the praetors (hence, comitia 
praetoria, Liv. vii. 1, x. 22), the military tribunes 
with consular power (Liv. v. 52), the censors (Liv. 



According to Dionysius. 

V. Classis. Census : 121 minae. 
15 centuriae seniorum. 

15 centuriae juniorum. 

VI. Classis. Census : below 121 minae. 
1 centuria capite censorum 

vii. 22, xl. 45), and the decemvirs. (Liv. iii. 33, 35.) 
There are also instances of proconsuls being elected 
by the centuries, but this happened only in extra- 
ordinary cases. (Liv. xxxiii. 30, xxxiv. 18.) 

(b.) Legislation. The legislative power of the 
centuries at first consisted in their passing or re- 
jecting a measure which was brought before them 
by the presiding magistrate in the form of a senatus 
consultum, so that the assembly had no right of 
originating any legislative measure, but voted only 
upon such as were brought before them as resolu- 
tions of the senate. When a proposal was passed 
by the centuries it became law (lex). The first 
law passed by the centuries of which we have any 
record, was the lex Valeria de provocatione (Cic. 
DeRe Publ. ii. 31), and the laws of the twelve 
tables were sanctioned by the centuries. 

(c.) The decision upon war, on the ground of a 
senatus consultum, likewise belonged to the cen- 
turies and is often mentioned. It is generally 
believed that they had also to decide upon the con- 
clusion of peace and treaties, but it has been satis- 
factorily proved by Rubino ( Ueber Rom. Staatsverf. 
p. 259, &c.) that in the early part of the republic, 
and perhaps down to the peace of Caudium, this 
was not the case, but that peace was concluded by 
a mere senatus consultum, and without any co- 
operation of the people. 

(d.) The highest judicial power. The comitia 
centuriata were in the first place the highest court 
of appeal (Dion Cass, xxxix. 27, &c. ; comp. Ap- 
pellatio), and in the second, they had to try all 
offences committed against the state ; hence, all 
cases of perduellio and majestas, and no case in- 
volving the life of a Roman citizen could be de- 
cided by any other court. (Cic. p. Sext. 30, 34, 
De Re Publ. ii, 36, De Leg. iii. 4 ; Polyb. vi. 4, 14.) 
This last right was revived or introduced by the 
Valerian law ( Pint. Publ. 11), and Spurius Cassius 
was condemned by the comitia of the centuries. 
There is no reason for believing that the laws of 
the twelve tables increased the power of the cen- 
turies in this respect ; and Servius Tullius seems, 
in consistency with his principles, to have been 
obliged to constitute his national assembly at the 
same time as the high court of justice. 

All the powers which we have here mentioned as 
possessed by the centuries, had to be sanctioned, 
when exercised, by the curies, and through this sanc- 
tion alone they became valid and binding. The elec- 
tion of a magistrate, or the passing of a law, though 
it was made on the ground of a senatus consultum, 
yet required the sanction of the curies. But, in 
the course of time, the assembly shook off this 
power of the curiae, which became merely a for- 
mality, and, in the end, the curiae were obliged to 
give their sanction beforehand to whatever the 
centuries might determine. This was effected by 
the Publilian law, in b. c. 337. (Liv. viii. 12.) As 
thus the centuries gradually became powerful 
enough to dispense with the sanction of the curiae, 
so they also acquired the right of discussing and 
deciding upon matters which were not brought be- 



COMITIA. 

fore them in the form of a senatus consultum ; that 
is, they acquired the power of originating measures. 
In reference to the election of magistrates, the 
romitia originally were not allowed to elect any 
other except those who were proposed by the pre- 
sident, who himself was entirely guided by the 
resolution of the senate ; but in the course of time, 
the people asserted their right so far as to oblige 
the president to propose any candidate that might 
offer himself, without the previous sanction of the 
senate. This change took place about b. c. 482. 
In legislative measures a senatus consultum was 
indispensable, and this senatus consultum was 
brought before the people by the consul or the 
senator who had originated the measure, after 
it had previously been exhibited in public for 
seventeen days, to give the people an opportunity 
of becoming acquainted with the nature of the pro- 
posed law. (Appian, de Bell. Civ. L 59 ; Cic. p. 
•Serf. 51, M Fison. 15.) Whether the comitia 
required a senatus consultum in cases where they 
acted as the supreme court of justice, is uncertain, 
at least we have no example of a senatus consultum 
in such a case on record. 

The comitia centuriata could be held only on 
dies comitiales or fasti, on which it was lawful to 
transact business with people, and the number of 
such days in every year was about 190 (Varro, 
IM L. L. vi. 29 ; Fest. s. v. Comitiales dies ; 
Matrob. Sat. i. 1C) ; but on dies ne/asti (that is, 
dies festi,feriati ; comp. Dies), and, at first, also 
on the nundinac, no comitia could be held, until 
in B. c. 287 the Hnrtcnsian law ordained that 
the nundinae should be regarded as dies fasti 
(Macrob. Sat. i. 16), so that henceforth comitia 
might be held on the nundines, though it was done 
rarely. (Cic. ad Alt. i. 14.) Comitia for the pur- 
pose of passing laws could not even be held on all 
dies fasti. (Cic. De p rov. Cons. 1 9.) The comitia 
for elections took place every year at a certain 
period, though it depended upon the senate and the 
consuls, as to whether the)' wished the elections to 
take place earlier or later than usual. (Cic. p. Mil. 
9, ail Fam. viii. 4, p. Muren. 25.) 

The place where the centuries met, was the 
Campus Martius (Cic. ml (J. I- rat. ii. 2 ; Dionys. 
iv. 84, vi i. 59), which contained the septa for the 
voters, a tabernaculum for the president, and the 
villa publica for the augurs. (Cic. p. Hub. Perd. 
4 ; Gellins, xiv. 7 ; Varro, Dc Ling. Lot. vi. 87.) 
The president at the comitia was the same magis- 
trate who convoked them, and this right was a 
privilege of the consuls, and, in their absence, of 
the praetors. (Cic. ail Fam. x. 1 2.) An interrex 
and dictator also, or his representative, the magister 
equitum, mi&ht likewise convene and preside at the 
comitia. (Liv. viii. 23, xxv. 2 ; Cic. He Ijeg. ii. 4.) 
At the beginning of the republic, the praefectus 
nrbi held the comitia for the ele< tion of the first 
consuls (Liv. i. fill) ; and the censors assembled 
the |M-np|i- only f >n account of tin- census and the 
lustrum. (Varro, De t.. I., vi. lili.) In cases 
when the assembly was constituted as a court of 
justice, inferior magistrates, after having obtained 
the permission of the consuls, might likewise pre- 
side. (Liv. xxvi. .'(.) One of the main clinic* dc- 
volving upon the president, and which he had to 
perforin before holding the comitia, was to consult 
the auspices. (Auspicari.) For this purpose, the 
magistrate accompanied by an augur went out of 
ihe city early in the morning, and those a tabcr- 



COMITIA. 335 
naculum or templum. There the augur began his 
observations, and gave his opinion either that the 
comitia might be held, or that they must be deferred 
till another day. This declaration was given to 
the magistrate ; and when the auspices were favour- 
able, the people were called together, which wa3 
done by three successive and distinct acts: the 
first was quite a general invitation to come to the 
assembly {inlicium, Varro, De L. L. vi. 94, comp. 
86, 88). At the same time when this invitation 
was proclaimed circum moeros or de moeris, a horn 
was blown, which being the more audible signal, 
is mentioned by some writers alone, and without 
the inlicium. (Gellius, xv. 27 ; Varro, De L. L. 
v. 91.) When upon this signal, the people as- 
sembled in irregular masses, there followed the 
second call by the accensus, or the call ad concionem 
or conventionem ; that is, to a regular assembly, 
and the crowd then separated, grouping themselves 
according to their classes and ages. (Varro, De 
L. L. vi. 88.) Hereupon the consul appeared, 
ordering the people to come ad comitia centuriata ; 
and led the whole exercitus — for, in these comitia, 
the Roman people are always conceived as an 
exercitus — out of the city, to the Campus Martius. 
(Varro, /. c. ; Liv. xxxix. 15.) It was customary 
from the earliest times for an armed force to occupy 
the Janiculum, when the people were assembled in 
the Campus Martius, for the purpose of protecting 
the city against any sudden attack of the neighbour- 
ing people ; and on the Janiculum, a vcxillum was 
hoisted during the whole time that the assembly 
lasted. This custom continued to be observed even 
at the time when Rome had no longer any thing 
to fear from the neighbouring tribes. (Liv. /. c. ; 
GelL xv. 27 ; Macrob. Sal. L 16 ; Dion Cass. 
xxxviL 27, &c. ; Serv. ad Aen. viii. 1.) When 
the people were thus regularly assembled, the busi- 
ness was commenced with a solemn sacrifice, and a 
prayer of the president, who then took his scat on 
his tribunal. (Dionys. vii. 59, x. 32 ; Liv. xxxi. 
7, xxxix. 15 ; Cic. p. Muren. 1 ; Liv. xxvi. 2.) 
The president then opened the business by laying 
before the people the subject for the decision, upon 
which they had been convened, and concluded his 
exposition with the words : relitis,juljeatis Qui rites, 
c. g. bel/um indici, or ut M. Tullio aipia iV/nt inter- 
dictum sit, or whatever the subject might be. This 
formula was the standing one in all comitia, and 
the whole exposition of the president was called 
rotfatio (Liv. iv. 5, vL 40, xxi. 1 7, xxii. 1(1, xxx. 43 ; 
Cic. De Fin. ii. 1 6, in Fison. 29, p. Dom. 1 7, 30 ; 
Gell. v. 19.) When the comitia were assembled 
for the purpose of an election, the presiding 
magistrate had to read out the names of the can- 
didates, and might exercise his influence by re- 
commending the one whom he thought most fit for 
the office in question. (Liv. x. 22, xxii. 35.) lie 
was, however, not obliged to announce the names of 
all the candidates that offered themselves ; as, for 
example, if a candidate had not attained the legi- 
timate age, or when he sued for one office without 
having been invested with those through which he 
had to pass previously, or if there was nny other 
legal obstacle ; nny, the president might declare, 
that if a person, to whom he had any such objection, 
should yet be elected, he would not recognise his 
election as \ali. I. I L-.v. iii. 21, xxiv. 7 j Val. Max. 
iii. 8. g 3.) If the assembly had been convened 
for tin- purpose of passing a legislative measure, 
tin- president usually recommended the' proposal, or 



336 



COMITIA. 



COMITIA. 



he might grant to others, if they desired it, per- 
mission to speak about the measure, either in its 
favour or against it. (Concionem dare, Liv. iii. 71, 
xxxi. 6, &c, xlii. 34 ; Appian, De B.C. i. 1 1 ; 
Dion Cass, xxxviii. 4 ; Quintil, ii. 4. § 3.) In this 
case, however, it was customary for private per- 
sons to speak before any magistrate, and the orators, 
until the time of Gracchus, while speaking turned 
their face towards the comitium and the senate 
house. (Dion Cass, xxxix. 35 ; Cic. Lael. 25 ; 
Plut. C. Gracch. 5, Tib. Gracch. 14.) When the 
comitia acted as a court of justice, the president 
stated the crime, proposed the punishment to be 
inflicted upon the offender, and then allowed others 
to speak either in defence of the accused or against 
him. 

When the subject brought before the assembly 
was sufficiently discussed, the president called 
upon the people to prepare for voting by the words : 
ite in suffragium, bene juvantibus diis. (Liv. xxxi. 
7.) He then passed the stream Petronia, and 
went to the septa. If the number of citizens 
present at the assembly was thought too small, 
the decision might be deferred till another day, 
but this was rarely done, and a question was 
usually put to the vote, if each century was but 
represented by a few citizens. (Liv. vii. 18; Cic. 
p. Sext. 51, de Leg. Agr. ii. 9 ; Plut. Tib. Gracch. 
16 ; Dion Cass, xxxix. 30.) Respecting the 
manner in which the votes were given in the ear- 
liest times, opinions are divided : some think that 
they were given viva voce, and others by means 
of calculi, or in both ways, though it seems to 
be more probable that calculi were used. The 
leges tabellariae introduced a change in this 
respect, ordaining that the votes should be given 
in writing. [Leges tabellariae.] But pre- 
vious to the leges tabellariae, the rogatores, 
who subsequently collected the written votes, 
stood at the entrance of the septa, and asked 
every citizen for his vote, which was taken down, 
and used to determine the vote of each century. 
(Dionys. vii. 64.) In legislative assemblies, the 
voter, probably from the earliest times, signified 
his disapproval by the word antique, and his ap- 
proval by uti rogas. (Liv. vi. 38, x. 8, xxx. 43, 
xxxi. 8, xxxiii. 25 ; Cic. de Leg. ii. 10.) At 
elections, the name of the successful candidate 
was mentioned to the rogator, who had to mark 
the favourable votes by dots which he made by 
the side of the name : hence puncta ferre, to be 
successful. (Liv. x. 13, 22, xxix. 22.) The 
custom of voting at elections by tablets with the 
name of the candidates written on them, was in- 
troduced in jb. c. 1 39, by the lex Gabinia tabellaria 
(Cic. De Leg. iii. 16) ; two years later L. Cassius 
introduced the same custom, in cases of the 
comitia acting as a court of justice (Cic. Brut. 
27), and, afterwards, it was established also in 
legislative assemblies, and in cases where the 
comitia tried persons for perduellio. [Leges ta- 
bellariae.] The two tablets which were given 
to each person for the purpose of voting on legis- 
lative measures, were marked the one with U 
and the other with A {uti rogas and antiquo. Cic. 
ad Att. i. 14). At elections, the citizens obtained 
blank tablets, that they might write upon them 
the name of the candidate for whom they voted. 
(Cic. Phil. xi. 8 ; Plut. C. Gracch 5, Cat. Min. 46 ; 
Plin. Epist. iv. 25.) In judicial assemblies, every 
citizen received two tablets marked A (absolvo) 



and C (condemno), and there was, perhaps, a 
third tablet containing the letters N. L. (non 
liquet), but this is an uncertain point. There were 
in the Campus Martius septa or inclosures (whether 
they existed from the earliest times is unknown), 
into which one class of citizens was admitted after 
another for the purpose of voting. The first that 
entered, were the eighteen centuries of the equites, 
then followed the first class and so on. It very 
rarely happened that the lowest class was called 
upon to vote, as there was no necessity for it, 
unless the first class did not agree with the 
equites. (Dionys. iv. 20, vii. 59, viii. 82, x. 17 ; 
Liv. i. 43.) After the time when the comitia of 
the centuries became amalgamated with those of 
the tribes, previous to each assembly, a large space 
near the villa publica was surrounded with an en- 
closure, and divided into compartments for the 
several tribes. The whole of this enclosure was 
called ovile, septa, carceres, or cancelli ; and in 
later times a stone building, containing the whole 
people, was erected ; it was divided into com- 
partments for the classes as well as the tribes and 
centuries ; the access to these compartments was 
formed by narrow passages called pontes or ponti- 
culi. On entering, the citizens received their 
tablets (Cic. ad Att. i. 14, de Leg. iii. 17, in Pis. 
15, p. Plane. 6) ; and when they had consulted 
within the enclosures, they passed out of them 
again by a, pons or ponticulus, at which they threw 
their vote into a chest (cista) which was watched 
by rogatores. Hereupon the rogatores collected the 
tablets, and gave them to the diribitores, who clas- 
sified and counted the votes, and then handed them 
over to the custodes, who again checked them off by 
points marked on a tablet. (Comp. Cic. in Pis. 1 5 
— " vos rogatores, vos diribitores, vos custodes 
tabellarum.") The order in which the centuries 
voted, was determined in the Servian constitution, 
in the manner described above ; but after the union 
of the centuries and tribes, the order was determined 
by lot ; and this was a matter of no slight import- 
ance, since it frequently happened that the vote of 
the first determined the manner in which subse- 
quent ones voted. The voting, of course, was con- 
tinued, until the majority was ascertained. In the 
case of elections, the successful candidate was pro- 
claimed twice, — first, by the praeco, and then by 
the president, and without this renuntiatio the 
election was not valid. After all the business was 
done, the president pronounced a prayer (Cic. p. 
Plane. 6, p. Muren. 1), and dismissed the assembly 
with the word discedite. 

Cases are frequently mentioned in which the 
proceedings of the assembly were disturbed, so 
that it was necessary to defer the business till 
another day. This occurred — 1. when it was dis- 
covered that the auspices had been unfavourable, 
or when the gods manifested their displeasure by 
rain, thunder, or lightning ; 2. when a tribune 
interceded (Liv. xlv. 21 ; Dionys. vi. 89 ; Cic. in 
Vat. 2) ; 3. when the sun set before the business 
was over, for it was a principle that the auspices 
were valid only for one day from sunrise to sunset 
(Varro, De L. L. vii. 51 ; Dion Cass, xxxix. 65 ; 
Liv. x. 22, xli. 17 ; Dionys. ix. 41) ; 4. when a 
morbus comitialis occurred, i. e. when one of the 
assembled citizens was seized with an epileptic fit 
(Dion Cass. xlvi. 33 ; Gellius, xix. 2 ; Macrob. 
Sat. ii. 8) ; 5. when the vexillum was taken away 
from the Janiculum, this being a signal which all 



COMITIA. 



CO.MITIA. 



337 



citizens had to obey (Liv. xxxix. 15 ; Dion Cass, 
xxxvii. 27 ; Macrob. Sat. L 16); 6. when any 
tumult or insurrection broke out in the city, as 
happened now and then during the latter period 
of the republic. (Cic. p. Sexl. 36.) In all these 
cases, the assembly had to continue its business on 
some other day, sometimes on the next. The 
only exception seems to have been in the case of 
the election of the censors, for if both could not be 
elected on the same day, it was necessary to begin 
the election afresh, and if one had been elected, 
his election was not valid. (Liv. ix. 34.) 

IV. COMITIA TRIBCTA (iKK\T)<Tia <pv\(T IK7)) . 

These assemblies likewise were called into existence 
by the constitution of Servius Tullius, who divided 
the Roman territory intothirty local tribes. As these 
divisions were originally a purely topographical ar- 
rangement, they were of little or no importance to 
the state ; but in the course of time, these local 
divisions were formed into a political union, and the 
assemblies of the tribes became most formidable 
rivals of those of the centuries. The decision upon 
the question as to what portion of the Roman 
population had the right to take part in the comitia 
tributa, depends upon the question, as to whether 
the tribes were instituted as a local organisation 
of the whole people (patricians and plebeians), or 
whether they were intended for the plebeians 
only. Most modern writers have adopted the 
opinion of Niebuhr, that the patricians were not 
considered as members of the tribes, and that ac- 
cordingly, they had no right to take part in their 
assemblies, until the time of the dccemviral legis- 
lation. The question is not one that can be proved 
with satisfactory evidence ; but at any rate no 
sufficient argument has yet been brought forward 
to upset Niebuhr's view, for the fact of patricians 
and their clients being present at the place of 
meeting (Liv. ii. 56), for the purpose of disturbing 
the comitia tributa and preventing their coming to 
a decision, does not prove that they possessed the 
right of voting. After the time of the decemvirate, 
the patricians had the right of voting in the as- 
semblies of the tribes, which were then also con- 
vened by the higher magistrates. (Liv. iii. 71 ; 
comp. Tribus.) 

The assemblies of the tribes had originally 
only a local power ; they were intended to col- 
lect the tributum, and to furnish the contingents 
for the army (Dionys. iv. 14, &c.) ; they may 
further have discussed the internal affairs of each 
tribe, such as the making or keeping up of roads, 
wells, and the like. But their influence gradually 
increased, for the commonalty being more nume- 
rous than the patricians, and being in n state of 
growth and development, and guided by active 
and energetic tribunes, the internal administration 
of the tribes gradually aiummcd the character of an 
administration of the internal affairs of the republic, 
while the comitia of the centuries were more cal- 
culated to represent the state in its relations to 
foreign countries. As the commonalty grew in 
strentrth, it marie greater claims ; each victory gave 
it fresh courage, and thus the comitia tributa 
gradually acquired the following powers: — 

1. The election of the inferior mii;ji»trate», whose 
office it was to protect the commonalty or to super- 
intend the affairs of the tribes. The I'ublilinn 
law in B. v. 471, secured to the comitia tributa the 
right of electing the tribunes of the plcbi. (Liv. ii. 
66 ; Dionys. ix. 49.) In like manner, the acdiles 



were elected by them, though the ctirule aediles 
were elected at a different time from the plebeian 
aediles and under the presidency of a consul. 
(Gell. xiii. 15, vi. 9 ; Cic. p. Plane. 4, 20, 22, ad 
Att. iv. 3, ad Fam. viii. 4 ; Liv. ix, 46, xxv. 2.) 
At a still later time, the quaestors and tribunes of 
the soldiers, who had before been appointed by 
the consuls, were appointed in the assemblies of the 
tribes. (Cic. ad Fam. vii. 30, in Vat. 5 ; Liv. iv. 
54, vii. 5, ix. 30 ; Sail. Jug. 63.) The proconsuls 
to be sent into the provinces, and the prolongation 
of the imperium for a magistrate who was already 
in a province, were likewise points which were 
determined by the tribes in later times. (Liv. viii, 
23, 26, ix. 42, x. 22, xxvii. 22, xxix. 13, xxx. 
27, x.vxi. 50.) The inferior magistrates elected 
by the tribes are : — the triumviri capitales, 
triumviri monetales, the curatores viarum, decem- 
viri litibus judicandis, tribuni aerarii, magistri 
vicorum et pagorum, praefecti annonae, duumviri 
navales, quinqueviri muris turribusque reficiendis, 
triumviri coloniae deducendae, triumviri, quatuor- 
viri, dec, mensarii, and lastly, after the Domitian 
law, B.C. 104, also the members of colleges of 
priests. The pontifex maximus had been elected 
by the people from an earlier time. (Liv. xxv. 5 ; 
Cic. de Ley. Ayr. ii. 7.) 

2. Tlie leyislative power of the comitia tributa 
was at first very insignificant, for all they could 
do was to pass resolutions and make regulations 
concerning the local affairs of the tribes, but they 
did not in any way affect the state as a whole. 
But after a time when the tribes began to be the 
real representatives of the people, matters affecting 
the whole people also were brought before them 
by the tribunes, which, framed as resolutions, were 
laid before the senate, where they might either be 
sanctioned or rejected. This practice of the tri- 
buta comitia gradually acquired for them the right 
of taking the initiative in any measure, or the 
right of originating measures, until in B. c. 449 
this right was recognised and sanctioned by a law 
of L. Valerius Publicola and M. Horatius Bar- 
batus. (Liv. iii. 55, 67 ; Dionys. xi. 45.) This 
law gave to the decrees passed by the tribes the 
power of a real lex, binding upon the whole people, 
provided they obtained the sanction of the senate 
and the populus, that is, the people assembled in 
the comitia curiata or in the comitia centuriata. 
(Dionys. x. 4, 32.) At first the tribes acted with 
considerable moderation and modesty, discussing 
only those subjects which affected their own order 
or individual plebeians, such as the amnesty after 
the secession, plebeian magistrates, usury and the 
like. In b. c. 339, the Publilian law enacted ut 
pIMvita minus (JitiritiH trwrent. (Liv. viii. 12.) 
This law was either a re-enactment of the one 
passed in a. c. 449, or contained a more detailed 
specification of the cases in which plebiscita should 
be binding upon the whole nation, or, lastly, it 
made their validity independent of the sanction of 
other comitia, so that nothing would be required 
except the assent of the senate. In B. c. 2117, the 
llorteniian luw was passed, which seems to have 
been only a revival and a confirmation of the two 
preceding laws, for it was framed in almost the 
same terms (l'lin. //. A r . xvi. 10 j GelL xv. 27 ; 
(iaius, i. 3) ; but it may also Ik>, that the Ilnrten- 
sion law mode the plcbitcitn independent of the 
sanction of the senate, so that henceforth the 
comitia tributa were quite independent in their 



338 



COMITIA. 



COMITIA. 



legislative character. Senatus consulta preceding 
a plebiscitum, it is true, occur after this time in 
many instances, hut it does not follow that for this 
reason a senatus consultum was necessary for every 
plebiscitum (Dionys. ix. 41), for we must dis- 
tinguish between those plebiscita which affected 
the rights of the people, and those which touched 
upon the administration of the republic ; the 
former of these are constantly mentioned with- 
out a senatus consultum, but the latter never. 
[Plebiscitum.] 

3. The judicial power of the comitia tributa was 
much more limited than that of the comitia cen- 
turiata, inasmuch as they could take cognizance 
only of offences against the majesty of the people, 
while all crimes committed against the state were 
brought before the centuries. Even patricians, 
when they had offended against the commonalty 
or its members, were tried and fined by the tribes. 
This again constitutes a difference between the 
judicial power of the centuries and that of the 
tribes, for the former could inflict capital punish- 
ment, but the latter only fines. There are, in- 
deed, cases in which the tribes might appear to 
have sentenced persons to exile ; but such exile is 
not the result of a real verdict, but only a measure 
taken against those who during the trial went into 
voluntary exile, which might then be made a ne- 
cessary exile, by the interdictio aquae et ignis being 
added. (Liv. xxv. 3, xxvi. 3 ; Cic. Orat. p. Dom. 
16, &c.) When the tribes acquired this right is 
uncertain, for that it was not originally possessed 
by them, is clear from the expressions used by our 
authorities. The offences for which persons were 
summoned before the tribes, were bad conduct of a 
magistrate in the performance of his duties, neglect 
of duty, ill management of a war, embezzlement of 
the public money, and a variety of offences of pri- 
vate individuals, such as disturbance of the public 
peace, usury, adultery, and the like. The comitia 
tributa also acted as courts of appeal, e. g. when a 
person protested against a fine imposed by a magi- 
strate. (Dionys. vii. 17 ; Cic. De Leg. iii. 3 ; Liv. 
xl. 42 ; Zonar. vii. 17.) The persons who acted 
as accusers in the comitia tributa were the tribunes 
and aediles. 

With regard to the time at which these comit'a 
were or could be convened, the same regulations 
were observed as at the comitia centuriata. They 
might assemble either within or without the city, 
but not further from it than 1000 paces, because 
the power of the tribunes did not extend further. 
For elections the Campus Martius was usually 
chosen (Cic. ad Att. iv. 3, ad Fam. vii. 30 ; Plut. 
C. Gracch. 3), but sometimes also the forum, the 
Capitol, or the Circus Flaminius. (Cic. ad Att. i. 
16 ; Liv. xxxiii. 10, xxvii. 21.) The presidents 
■were commonly the tribunes who were supported 
by the aediles, and no matter could be brought be- 
fore the tribes without the knowledge and consent 
of the tribunes (Liv. xxvii. 22, xxx. 41 ; Cic. de 
Leg. Agr. ii. 8) ; even the aediles could not bring 
a proposal before them without the permission of 
the tribunes. (Gell. iv. 4 ; Dionys. vi. 90.) One 
of them was chosen either by lot or by common 
agreement to act as president (Liv. ii. 56, iii. 64, 
iy. 57, v. 17) ; but his colleagues usually had to 
sign the proposal which he brought before the 
commonalty. (Cic. p. Sent. 33, de Leg. Agr. ii. 9.) 
As the comitia tributa, however, more and more 
assumed the character of national assemblies, the 



higher magistrates also sometimes acted as presi- 
dents, though perhaps not without previously ob- 
taining the permission of the tribunes. There are 
only a few instances of higher magistrates presiding 
in the comitia tributa when assembled for purposes 
of legislation (Plin. H.N. xvi. 15 ; Cic. p. Balb. 
24 ; Dion Cass, xxxviii. 6, xxxix. 65 ; Appian, De 
Bell. Civ. iii. 7, 27) ; but the consuls and praetors 
often appear as presidents at the elections of tri- 
bunes, aediles, and quaestors (Liv. iii. 55, 64 ; 
Dionys. ix. 41, 43, 49 ; Appian, De Bell. Civ. i. 14 ; 
Cic. p. Plane. 20, ad Att. iv. 3, in Vat. 5, ad Fam. 
vii. 30) ; as well as when the comitia tributa were 
assembled as a court of justice. (Liv. xxv. 4 ; 
Appian, De Bell. Civ. i. 31 ; Dion Cass, xxviii. 17.) 

The preparations for the comitia tributa were 
less formal and solemn than for those of the cen- 
turies. In the case of elections, the candidates had 
to give in their names, and the president com- 
municated them to the people. (Liv. iii. 64 ; Ap- 
pian, De Bell. Civ. i. 14.) When a legislative 
measure was to be brought before the assembly, a 
tribune (the proposer of the bill was called rogator, 
and the others adscriptores) made the people ac- 
quainted with it in condones, and that on the three 
preceding nundines. The same was the case when 
the people were to meet as a court of justice. The 
auspicia were not consulted for the comitia of the 
tribes, but the spectio alone was sufficient, and the 
tribunes had the right of obnuntiatio. The con- 
vening of these assemblies was likewise less solemn 
than that of the centuries, for the tribune who had 
been chosen to preside either at an election or 
brought forward a rogation, simply invited the 
citizens by his viatores, who were also sent into 
different parts of the country to invite the people 
living at a distance. (Appian, De Bell. Civ. i. 29.) 
At the meeting itself, he sat on the tribunal sup- 
ported by his colleagues (Liv. xxv. 3 ; Dion Cass, 
xxxix. 65), and laid before the people his bill, the 
name of the candidate, or made them acquainted 
with the nature of the offence on which they had 
to pass sentence, concluding with the words velitis, 
jubeatis Quirites. The bill was never read by the 
tribune himself, but by a praeco, and then began 
the debates, in which persons might either oppose 
or recommend the measure, though private persons 
had to ask the tribunes for permission to speak. 
When the discussion was over the president called 
upon the people ite in suffragium, as at the comitia 
centuriata. They then formed themselves into their 
tribes, which, like the centuries, ascertained their 
own votes in enclosures (septa). Which of the 
35 tribes was to give its vote first, was determined 
by lot, and that tribe was called praerogativa or 
principium (the others were termed jure vocatae). 
The vote of the first tribe was given by some per- 
son of distinction whose name was mentioned in 
the plebiscitum, if it was of a legislative nature. 
The manner of collecting the votes was, on the 
whole, the same as in the comitia centuriata. The 
announcing of the result of the votes was the re- 
nuntiatio. If it so happened that two candidates 
had the same number of votes, the question was 
decided by drawing lots. The circumstances which 
might cause the meeting to break up and defer its 
business till another day, are the same as those 
which put an end to the comitia centuriata. If, 
however, the people were assembled as a court, the 
breaking up of the assembly was to the accused 
equivalent to an acquittal (Cic. p. Dom. 17). If 



COMITIA. 



COMITIA. 



339 



after the comitia the augurs declared that some 
formality had been neglected, the decree of the 
assembly thereby became void, and persons who 
had been elected to an office were obliged to with- 
draw. 

V. The comitia cenluriata mixed icith the comitia 
tributa. — The Serrian constitution was retained 
unaltered so long as no great change took place in 
the republic, but when the coinage and the standard 
of property had become altered, when the constitu- 
tion of the army had been placed on a different 
footing, and above all, when the plebeians began 
to be recognized as a great and essential element 
in the Roman state, it must have been found in- 
convenient to leave to the equites and the first 
class so great a preponderance in the comitia of the 
centuries, and it became necessary to secure more 
power and influence to the democratic element 
which had grown in strength and was still growing. 
It may have been the intention to combine the 
comitia centuriata and tributa in such a manner 
as to make only one assembly of them, but this 
was not done. A change however took place, 
though no writer mentions either the time when it 
was made nor in what it consisted, so that we arc 
left to form our opinion from incidental allusions. 
First, as to the time of the change. From Livy 
(i. 43) and Dionysius (iv. 21) it would appear that 
the change did not take place till after the com- 
pletion of the 35 tribes, i.e after a c. 241. Some 
modem writers, therefore, refer the change to the 
censorship of C. Flaminius, B. c. 220, who is said 
to have made the constitution more democratic ; 
while Niebuhr and others date the change from 
the censorship of Q. Fabius and P. Decius, B. c. 
304. But there is evidence that it must be assigned 
to even an earlier date than this, for the (tribus) 
praerogativa is mentioned as early as B. c. 396 in 
the election of the consular tribunes (Liv. v. 18), 
where the pure comitia tributa cannot be meant, 
and a centuria praerogativa is a thing unknown. 

The question about the manner in which the 
combination of the two kinds of comitia was ef- 
fected, has been the subject of even much more 
discussion and doubt than that about the time 
when it was brought about. The most probable of 
the numerous opinions which have been advanced 
on this subject is that of f). Pantagathus (Fulv. 
Ursinus, ad Liv. i. 43), which has been very ela- 
borately worked out by Obttling. (Oe.vh. d. li'nm. 
Utaatsverf. pp. 380, &c, 50B, &c.) Pantagathus 
believes that the citizens of each tribe were divided 
into five property classes, each consisting of seniores 
and juniorcs, so that each of the 35 tribes con- 
tained ten centuries, and all the tribes together 
350 centuries, a number which corresponds with 
that of the days of a Roman lunar year. Accord- 
ing to this new arrangement, the five ancient 
classes, divided into seniores and juniorcs, con- 
tinued to exist as before (Liv. xliii. 16; Cic. 
I'hil. ii. 33, />. Flare. 7, de He FuU. iv. 2, AcaHi.m. 
ii. 33 ; Sail. Jut/. 86), but henceforth they were 
most closely united with the tribes, whereas before 
the tribes had been mere local divisions and en- 
tirely independent of property. The union now 
effected was that the classes became subdivision* 
of the tribes, and that accordingly centuries occur 
both in the classes and in the tribes. (Cic. p. 
flame. 20, de 1st). Ayr. ii. 2.) Kach tribe con- 
tained ten centuries, two of the first class (one of 
the seniores and one of the juniorcs), two of the 



second (likewise seniores and juniores), two of the 
third, two of the fourth, and two of the fifth class. 
The equites were likewise divided according to 
tribes and centuries (Dionys. vi 13, viL 72), and 
the}- seem to have voted with the first class, and 
to have been in iact included in it, so as to be 
called centuries of the first class. (Cic. Phil. ii. 
33, Liv. xliii. 16; Aurel. Vict, de Vir. Il/ustr. 57 ; 
Val. Max. vi. 5. § 3.) The centuries of the cor- 
nicines, tubicines and fabri, which are no longer 
mentioned, probably ceased to exist as distinct cen- 
turies. (Comp. Cic. de Re Pull. ii. 22.) Respect- 
ing the manner in which the votes were given, 
there are two opinions : according to the first, a 
whole tribe was chosen by lot to give its vote (10 
centuries) first, and according to the second, one 
century of the first class, having been determined 
by lot. If we adopt the former opinion, the votes 
of the ten centuries contained in a tribe would have 
been given one after another, and the majority, six, 
would have constituted the result or vote of the 
tribe. Now as 18 out of the 35 tribes constituted 
a majority, it is evident that 108 centuries might 
have constituted a majority against the remaining 
242. This is an absurdity of which we cannot 
conceive the Romans to have been guilty. The 
voting by tribes, therefore, cannot be conceived as 
rational, except in those cases in which the ten 
centuries of every tribe were unanimous ; this may 
have been the case very often, and when it was so, 
the tribus praerogativa was certainly the tribe 
chosen by lot to give its unanimous vote first. But 
if there was any difference of opinion among the 
centuries making up a tribe, the true majority could 
only be ascertained by choosing by lot one of the 
70 centuriac of the first class to give its vote first, 
or rather it was decided by lot from which tribe 
the two centuries of the first class were to be taken 
to give their vote first. (Hence the plural praero- 
gativae, Pseud. Ascon. ad Cic. in Verr. p. 1 39 ; 
Liv. x. 20.) The tribe, moreover, to which those 
centuries belonged which voted first, was itself like- 
wise called tribus praerogativa. Of the two cen- 
turies, again, that of seniores gave its vote before 
the juniores, and in the documents both were called 
by the name of their tribe, as Caleria juniorum 
( Liv. xxvii. 6, i. e. the juniorcs of the first class in 
the tribus Galeria), Anirnsis juniorum (Liv. xxiv. 
7), Veturia juniorum (Liv. xxvi. 22 ; comp. Cic. 
p. Plane. 20, Phil. ii. 33, He Div. ii. 35). As soon 
as the praerogativa had voted, the renuntiatio took 
place, and the remaining centuries then deliberated 
whether they should vote the same way or not. 
When this was done all the centuries of the first 
tribe proceeded to vote at once ( Dionys. iv. 2 1 ), fur 
there would not have been time for the 350 cen- 
turies to vote one after another, as was done by 
the 1 93 centuries in the comitia centuriata. (Cic. 
p. Plane. 20, in Verr. v. 15, p. Itcd. in .Senal. 1 1, 
ad Quir. 7 ; Liv. x. 9, 22, xxiv. 7, xxvi. 22, 
xxvii. 24 ; Suet. Cat: 19.) 

These comitia of the centuries combined with 
the tribes, were far more democratiral than tho 
comitia of the centuries ; they continued to bo 
held, and preserved their power along with tho 
comitia tributa, even after the latter lind acquired 
their supreme importance in the republic. During 
the time of the moral and political corruption of 
the Romans, the latter appear to have been chiefly 
attended by the populace, which was guided by 
the tribunes, and the wealthier and more respect- 



340 



COMITIA. 



COMMISSORIA LEX. 



able citizens had little influence in them. When 
the libertini and all the Italians were incorporated 
in the old thirty-five tribes, and when the political 
corruption had reached its height, no trace of the 
sedate and moderate character was left by which 
the comitia tributa had been distinguished in 
former times. (Sail. Cat. 37 ; Suet. Caes. 41 ; Cic. 
ad Att. i. 16.) Violence and bribery became the 
order of the day, and the needy multitude lent 
willing ears to any instigations coming from 
wealthy bribers and tribunes who were mere de- 
magogues. Sulla for a time did away with these 
odious proceedings ; since, according to some, he 
abolished the comitia tributa altogether, or, ac- 
cording to others, deprived them of the right of 
electing the sacerdotes, and of all their legislative 
and judicial powers. (Cic. in Verr. i. 13, 15, de 
Legg. iii. 9 ; Liv. Epit. 89 ; Appian, de Bell. Civ. 

i. 59, 98 ; comp. Tribuncjs.) But the constitu- 
tion, such as it had existed before Sulla, was re- 
stored soon after his death by Pompey and others, 
with the exception of the jurisdiction, which was 
for ever taken from the people by the legislation 
of Sulla. The people suffered another loss in the 
dictatorship of J. Caesar, who decided upon peace 
and war himself in connection with the senate. 
(Dion Cass. xlii. 20.) He had also the whole of 
the legislation in his hands, through his influence 
with the magistrates and the tribunes. The 
people thus retained nothing but the election of 
magistrates ; but even this power was much li- 
mited, as Caesar had the right to appoint half of 
the magistrates himself, with the exception of 
the consuls (Suet. Caes. 41 ; Cic. Philip, vii. 6 ; 
Dion Cass, xliii. 51), and, as in addition to this, 
he recommended to the people those candidates 
whom he wished to be elected : and who would 
have opposed his wish ? (Dion Cass, xliii. 47 ; 
Appian, de Bell. Civ. ii. 18.) After the death 
of Caesar the comitia continued to be held, but 
were always more or less the obedient instruments 
in the hands of the rulers, whose unlimited powers 
Were even recognised and sanctioned by them. 
(Appian, de Bell. Civ. iv. 7 ; Dion Cass. xlvi. 55, 
xlvii. 2.) Under Augustus the comitia still sanc- 
tioned new laws and elected magistrates, but their 
whole proceedings were a mere farce, for they 
could not venture to elect any other persons than 
those recommended by the emperor. (Suet. Aug. 
40, &c. ; Dion Cass. liii. 2, 21, lv. 34, lvi. 40.) 
Tiberius deprived the people even of this shadow 
of their former power, and conferred the power of 
election upon the senate, (Tacit. Annal. i. 15, 81, 

ii. 36, 51 ; Veil. Pat. ii. 126.) When the elec- 
tions were made by the senate the result was 
announced to the people assembled as comitia cen- 
turiata or tributa. (Dion Cass, lviii. 20.) Legis- 
lation was taken away from the comitia entirely, 
and was completely in the hands of the senate and 
the emperor. Caligula placed the comitia again 
upon the same footing on which they had been in 
the time of Augustus (Dion Cass. lix. 9 ; Suet. 
Cal. 16) ; but this regulation was soon abandoned, 
and every thing was left as it had been arranged 
by Tiberius. (Dion Cass. lix. 20.) From this time 
the comitia may be said to have ceased to exist, 
as all the sovereign power formerly possessed by 
the people was conferred upon the emperor by the 
lex regia. [Lex Regia.] The people only as- 
sembled in the Campus Martius for the purpose of 
receiving information as to who had been elected 



or appointed as its magistrates, until at last even 
this announcement (renuntiatio) appears to have 
ceased. 

In addition to the works on Roman history in 
general, the reader may consult Unterholzner, 
De Mutata Centuriatorum Com.it. a Servio Tullio 
Rege Institutorum Ratione, Breslau, 1835 ; Q. C. 
Th. Francke, De Tribuum, de Curiarum atque Cen- 
turiarum Ratione, Schleswig, 1824 ; Huschke, 
Die Verfassung des Servius Tullius, 1838 ; Hiill- 
mann, Romische Grundverfassung ; Rubino, Un- 
tersuchungen ilber die Rom. Verfassung, 1839 ; 
Zumpt, Ueber die Abstimmung des Rom. Volkes in 
Centuriatcomitien. [L. S.] 

COMITIA'LIS DIES. [Dies.] 

COMI'TIUM. [Forum.] 

COMMEA'TUS, a furlough, or leave of absence 
from the army for a certain time. (Tacit. Ann. xv. 
10 ; Liv. iii. 46.) 

COMMENT ARIENSIS. [Commentarius.] 

COMMENTA'RIUS, or COMMENTA'- 
RIUM, meant a book of memoirs or memorandum- 
book, whence the expression Caesaris Commentarii 
(" Hinc Caesar libros de bellis a se gestis commen- 
tarios inscripsit, quod nudi essent omni ornatu ora- 
tionis, tanquam veste detracto," Cic. Brutus, c. 75). 
Hence it is used for a lawyer's brief, the notes of 
a speech, &c. (Sen. Controv. lib. iii. Proem.) 

In the imperial period the word commentariensis 
occurs in the sense of a notary or clerk of the 
Fiscus (40. tit. 14. s. 45), and also of a keeper 
of a prison (Walter, Geschiclite des Romischen 
Rechts, §§ 818, 819, 2d ed.) A military officer so 
called is mentioned by Asconius (in Ver. iii. 28), 
who probably had similar duties. The word is 
also employed in the sense of a notary or secretary 
of any sort. Most of the religious colleges had 
books called commentarii, as commentarii augurum, 
pontifieum. [B. J.] 

COMME'RCIUM. [Civitas.] 

COMMISSO'RIA LEX is the term applied to 
a clause often inserted in conditions of sale, by 
which a vendor reserved to himself the privilege of 
rescinding the sale, if the purchaser did not pay 
his purchase-money at the time agreed on. The 
lex commissoria did not make the transaction a 
conditional purchase ; for in that case, if the pro- 
perty were damaged or destroyed, the loss would 
be the loss of the vendor, inasmuch as the pur- 
chaser, by non-payment of the money at the time 
agreed on, would fail to perform the condition ; 
but it was an absolute sale, subject to be rescinded 
at the sole pleasure of the vendor, if the money 
was not paid at the time agreed on ; and conse- 
quently if after this agreement the property was 
lost or destroyed before the day agreed on for pay- 
ment, the loss fell on the purchaser. If the vendor 
intended to take advantage of the lex commissoria, 
it was necessary that he should declare his intention 
as soon as the condition was broken. If he re- 
ceived or claimed any part of the purchase- money 
after the day agreed upon, he thereby waived the 
advantage of the lex commissoria. It was usual 
to insert in the commissoria lex an agreement that 
if the vendor had to sell the property again, the 
first purchaser should make up any deficiency in 
the price, that is, the difference between the amount 
for which it was first sold, and the less amount 
which it produced at the second sale. [Pignus.] 
(Dig. 18, tit. 3 ; Thibaut, System, &c. § 548, 
9th ed.) G. L.] 



COMMUNI DIVIDUXDO, ACTIO. 



COMOEDIA. 



341 



COMMI'SSUM. One sense of this word is 
that of "forfeited," which apparently i3 derived 
from that sense of the verb commiltere, which is 
"to commit a crime," or "to do something wrong." 
Asconiua says, that those things are commissa 
which arc either done or omitted to be done by a 
heres against the will of a testator, and make him 
subject to a penalty or forfeiture ; thus, commissa 
hereditas would be an inheritance forfeited for 
some act of commission or omission. Cicero (Ad 
Fam. xiii. 56) speaks of an hypothecated thing 
becoming commissa ; that is, becoming the abso- 
lute property of the creditor for default of pay- 
ment. A thing so forfeited was said in commis- 
sum incidere or cadere. Commissum was also ap- 
plied to a thing in respect of which the vectigal 
was not paid, or a proper return made to the pub- 
licani. A thing thus forfeited (veciigalium nomine) 
cea3cd to be the property of the owner, and was 
forfeited, under the empire, to the :.- us. (Dig. 39. 
tit 4 ; Suet. Calig. c. 41.) [G. L-] 

COMMI'XTIO. [Conpusio.] 

COMMODATUM is one of those obligationes 
which arc contracted re. He who lends to another 
a thing, for a definite time, to be used for a definite 
purpose, without any pay or reward, is called by 
modem writers eommo/lans ; the person who re- 
ceives the thing is called commodatarius ; and the 
contract is called commodatum. The genuine Roman 
name for the lender is commmlntor ( Dig. 1 3. tit. 6. 
s. 7), and the borrower (commodatarius) is " is qui 
rem commodatam accepit" It is distinguished 
from mutuum in this, that the thing lent is not one 
of those things quite pondere, numero, mensurare 
constant, as wine, com, Aic. ; and the thing commo- 
data docs not become the property of the receiver, 
who is therefore bound to restore the same thing. 
The lender retains both the ownership of the thing 
and the possession. It differs from locatio et con- 
ductio in this, that the use of the tbing is gratuitous. 
The commodatarius is liable to the actio commodati, 
if he docs not restore the thing ; and he is bound 
to make good all injury which befalls the thing 
while it is in his possession, provided it be such 
injury as a careful person could have prevented, 
or ponded it be an injury which the thing has 
sustained in being nscd contrary to the conditions 
or purpose of the lending. If a thing was lent to 
two persons, each was severally liable for the whole 
(in solidum). In some cases the commodatarius 
had an actio contraria against the commodans, who 
was liable for any injury sustained by the commo- 
datarius through his dolus, or culpa ; as, for instance, 
if he knowingly lent him bad vessels, and the wine 
or oil of the commodatarius was thereby lost or 
injured. The actio commodati was one of those 
in which there were two formulae, in jus and in 
factum, (Gains, iv. 47 ; Dig. 13. tit. 6; Instit. 
iii. 14. § 2; Thibaut, System, &c § 477, &c. 
!Uh cel. [O. L.] 

COMMU'NI DIVIDU'NDO, A'CTIO,is one 
of those actiones which have twi n called mixtae, 
from the circumstance of their being partly in rem 
and partly in personam ; and duplicia judicia, from 
the circumstance of both plaintiff nnd defendant 
being equally interested in the matter of the suit 
(Gains, iv. 160), though the person who instituted 
the legal proceedings was properly the actor. It 
is said in the institutions of .Justinian, of the three 
actions for a division, "mixtam causam obtinere 
videntur, tarn in rem quam in personam" (Inst. 4. 



tit. 6. § 20). They were, however, properly per- 
sonal actions (Dig. 10. tit 1. s. 1), but distinguished 
from other personal actions by this, that in these ac- 
tions disputed ownership could also be determined. 
(Savigny, System, &c. vol. v. p. 36.) This action 
was maintainable between those who were owners 
in common of a corporeal thing, which accordingly 
was called res communis ; and it was maintainable 
whether they were owners (domini), or had merely 
a right to the pnbliciana actio in rem ; and whether 
they were socii, as in some cases of a joint purchase, 
or not socii, as in the case of a thing bequeathed to 
them (legaia) by a testament ; but the action could 
not be maintained for the division of an hereditas. 
In this action an account might be taken of any 
injury done to the common property, or anything 
expended on it, or any profit received from it, by 
any of the joint owners. Any corporeal thing, as 
a piece of land, or a slave, might be the subject of 
this action. 

It seems that division was not generally effected 
by a sale ; but if there were several things, the 
judex would adjudicate (adjudicare) them sever- 
ally (Gaius, iv. 42) to the several persons, and 
order (condemnare) the party who had the more 
valuable thing or things to pay a sum of monev to 
the other by way of equality of partition. It fol- 
lows from this that the things must have been 
valued ; and it appears that a sale might be made, 
for the judex was bound to make partition in the 
way that was most to the advantage of the joint 
owners, and in the way in which they agreed that 
partition should be made ; and it appears that the 
joint owners might bid for the thing, which was 
common property, before the judex. If the thing 
was one and indivisible, it was adjudicated to one 
of the parties, and he was ordered to pay a fixed 
sum of money to the other or others of the parties. 
This action, so far as it applies to land, and that 
of familiac creisnindae, bear some resemblance to 
the now abolished Knglish writ of partition, and 
to the bill in equity for partition. (Dig. 10. tit. 3 ; 
Cod. 3. tit. 37 ; Cic. Ad Fam. vii. 12; Bracton, 
foL443.) [G. L.] 

COMOE'DIA (nuificiiSta), comedy. 1. Gkkkk. 
The early stages of the history of comedy are 
involved in great indistinctness, as they never 
formed the subject of much inquiry even when in- 
formation was extant. This was the case even 
among the Athenians, and to a still larger extent 
among the Dorians. The ancient Greeks seldom 
showed much aptitude for antiquarian research, 
and for a long time comedy was scarcely thought 
deserving of attention (Aristot Fort. 5), for, 
though springing out of the Dionysiac festivals, 
it had not that predominantly religious character 
which tragedy had. 

That comedy took its rise at the vintage festi- 
vals of Dionysus is certain. It originated, as 
Aristotle says (/'or/. 4), with those who led off 
the phallic songs (4»o rfcV ^apxiyruv tA <pa\- 
Kind) of the band of revellers (ni/fwi), who nt the 
vintage festivals of Dionysus gnve expression to 
the feelings of exuberant joy and merriment which 
were regarded as appropriate to the occasion, by 
parading about, partly on foot partly in wagons, 
with the symbol of the productive powers of na- 
ture, singing a wild, jovial song in honour of 
Dionysus and his companions. These songs were 
commonly interspersed with, or followed. by pctu- 
| lant, extemporal (avToirx'oWTm^, Arist /'net. I 
z 3 



342 



COMOEDIA. 



COMOEDIA. 



witticisms with which the revellers assailed the 
bystanders (see the description of the phallophori 
at Sicyon in Athen. xiv. p. 622), just as the chorus 
in the Frogs of Aristophanes, after their song to 
Iacchus, begin ridiculing Archedemus (417, &c). 
This origin of comedy is indicated by the name 
Ko),u(f)5£a, which undoubtedly means " the song of 
the Kai/j.os." This appears both from the testimony 
of Aristotle that it arose out of the phallic songs 
and from Demosthenes (c. Meid. p. 517), where 
we find mentioned together 6 Kwjxos Kal oi KwfiCji- 
Sol, (Comp. Muller, Hist, of Gr. Lit. vol. ii. p. 4,. 
Dor. iv. 7. § 1 ; Bode, Gesch. der Hellen. Dichtk. 
vol. ii. part 2. p. 4, &c. ; Kanngiesser, die alte 
Komische B'uhie zu Athen, p. 32.) Other deriva- 
tions of the name were however given even in 
antiquity. The Megarians, conceiving it to be 
connected with the word KiiifU), and to mean " vil- 
lage-song," appealed to the name as an evidence 
of the superiority of their claim to be considered 
as the originators of comedy over that of the 
Athenians (Arist. Poet. 3). This derivation was 
also adopted by several of the old grammarians 
(see Tzetzes, in Cramer's Anecd. Gr. vol. iii. pp. 
335, 337 ; Anonym, irepl KwficpMas in Meineke, 
Hist. Crit. Comic. Graec. pp. 535, 538, 558, and in 
Bekker's Anecd. Gr. p. 747, where a very absurd 
account of the origin of comedy is given), and 
has the sanction of Bentley, W. Schneider, and 
even Bernhardy {Grundriss d. Griech. Lit. vol. ii. 
p. 892). 

It was among the Dorians that comedy first as- 
sumed any thing of a regular shape. The Mega- 
rians, both in the mother country and in Sicily, 
claimed to be considered as its originators (Arist. 
Poet. 3), and so far as the comedy of Athens is 
concerned, the claim of the former appears well 
founded. They were always noted for their coarse 
humour (Aristoph. Vesp. 57, with the schol. ; 
Anthol. Pal. xi. 440 ; Suidas, s. v. -y4\ws ; Bode, 
vol. ii. pt. 2. p. 27), and their democratical con- 
stitution, which was established at an early period, 
favoured the development of comedy in the proper 
sense of the word. In the aristocratical states the 
mimetic impulse, as connected with the laughable 
or absurd, was obliged to content itself with a less 
unrestrained mode of manifestation. The Lace- 
daemonians, who had a great fondness for mimetic 
and orchestic amusements, had their Sei/cr)A.i/cTai, 
whose exhibitions appear to have been burlesques 
of characters of common life. The favourite per- 
sonages were the fruit-stealer and the foreign 
quack, for the representation of which they had a 
peculiar mimetic dance. (Pollux, iv. § 105 ; Athen. 
xiv. p. 621 ; Plut. Ages. 21. p. 607, d, Apophth. 
Lac. p. 212, &c. ; Schol. ad Apollon. i. 746 ; 
MUller, Dor. iv. 6. § 9 ; Bernhardy, I. c. p. 894.) 
Analogous to the Sei/njAucTai were the &pva\~ 
A.iKTaF(Hesych. s. v.). Among the forerunners of 
comedy must be mentioned the Phallophori and 
Ithyphalli at Sicyon. It was here, where at an 
early period the dithyramb also was dramatised, 
that the Kwfios first assumed a more dramatic 
form, and Dionysus was even said to have in- 
vented comedy at Sicyon (Anthol. Pal. xi. 32). 
The Phallophori had no masks, but covered their 
faces with chaplets of wild thyme, acanthus, ivy, 
and violets, and threw skins round them. After 
singing a hymn to Dionysus, they flouted and 
jeered at any one of the bystanders whom they 
selected. The Ithyphalli wore masks represent- 



ing drunken persons, and were equipped in other 
respects in a manner which, if not very decent, 
was appropriate to the part they had to sustain. 
(Athen. c.) It was the iambic improvisations 
of the exarchi of such choruses which gave rise to 
the later comedy. Antheas of Lindus is spoken 
of as a poet who composed pieces for such comuses 
of phallus-bearers, which were called comedies 
(Athen. x. p. 445). Such pieces have been styled 
lyrical comedies by many scholars (as Bockh, 
Corp. Inscript. No. 1584, note ; and Muller, Hist, 
of the Lit. of Greece, vol. ii. p. 5), to distinguish 
them from the comed_y proper. Lobeck and Her- 
mann however stoutly deny that there was any 
such thing as lyrical tragedy or comedy distinct 
from dramatical tragedy and comedy, and yet not 
the same with dithyrambs or phallic songs, and 
affirm that the tragedies and comedies which we 
hear of before the rise of the regular drama were 
only a species of dithyramb and phallic song. 
(Hermann, de Tragoedia Comoediaque Lyrica, in 
Opusc. vol. vii. p. 211, &c.) The dispute is more 
about names than about things ; and there seems 
no great objection to applying the term lyrical 
tragedy or comedy to pieces intended to be per- 
formed by choruses, without any actors distinct from 
the chorus, and having a more dramatic cast than 
other purely lyrical songs. This, apparently, was 
the point to which comedy attained among the 
Megarians before Susarion introduced it into At- 
tica. It arose out of the union of the iambic 
lampoon with the phallic songs of the comus, just 
as tragedy arose out of the union of rhapsodical 
recitations with the dithyramb. 

Among the Athenians the first attempts at 
comedy, according to the almost unanimous ac- 
counts of antiquity, were made at Icaria by Su- 
sarion, a native of Tripodiscus in Megara. (Schol. 
ad Dionys. Tlirac. in Bekker's Anecd. Gr. p. 748 ; 
Aspasius, Ad Aristot. Eth. Nic. iv. 2. 20. fol. 
53, B.) Icaria was the oldest seat of the worship 
of Dionysus in Attica (Athen. ii. p. 40), and 
comus processions must undoubtedly have been 
known there long before the time of Susarion. 
Iambistic raillery was also an amusement already 
known in the festivals of Bacchus and Demeter 
(Muller, Hist, of Lit. of Gr. vol. i. p. 132 ; 
Hesychius, s. v. TetyvpiGTal ; Suidas, s. v. ye(pv- 
pifav ; Schol. Arist. Acliarn. 708). From the 
jests and banterings directed by the Bacchic co- 
mus, as it paraded about, against the bystanders, 
or any others whom they selected, arose the 
proverb t& It, a/xa^ris (Schol. Arist. Equit. 544, 
Nub. 296 ; Suidas, s. v. ; Ulpianus ad Demosth. 
de Cor. p. 268, ed. Reiske ; Bode, I. c. p. 22 ; 
Photius, Lex. s. v. to 4k twv a/jia^aiv). This 
amusement continued customary not only at the 
rural Dionysia, but at the Anthesteria, on the 
second day of the festival [Dionysia]. It was in 
the third year of the 50th Olympiad (b. c. 578), 
that Susarion introduced at Icaria comedy in that 
stage of development to which it had attained 
among the Megarians (Mar. Par. ep. 40. in 
Bockh's Corpus Inscript. vol. ii. p. 301). It is 
not however easy to decide in what his improve- 
ments consisted. Of course there were no actors 
beside the chorus or comus ; whatever there was 
of drama must have been performed by the latter. 
The introduction of an actor separate from the 
chorus, was an improvement not yet made in the 
drama. According to one grammarian, Susarion was 



COMOEDIA. 



COMOEDIA. 



343 



the first to give to the iambistic performances of the 
comus a regular metrical form (Schol. ad Dionys. 
Tlirac. ap. Bekker, Anecd. Or. p. 748 ; Meineke, 
/. c. p. 549). He no doubt substituted for the 
more ancient improvisations of the chorus and its 
leader premeditated compositions, though still of 
the game general kind ; for, as Aristotle says 
{Poet. c. 5), Crates was the first who i>p&v, 
iiptptvos rfjs lafiSiKTjs IStas Ka66\ov irottlv 
\6yovs f) fivBovs. There would seem also to have 
been some kind of poetical contest, for we learn 
that the prize for the successful poet was a basket 
of figs and a jar of wine (Mann. Par. c. ; Bentley, 
Dissert, on the Ep. of PkaL vol. i. p. 259, ed. 
Dycc). It was also the practice of those who 
took part in the comus to smear their faces with 
wine-lecs, either to prevent their features from 
being recognised, or to give themselves a more 
grotesque appearance. Hence comedy came to be 
called TpvytfSia, or lee-song. Others connected 
the name with the circumstance of a jar of new- 
wine (jpH) being the prize for the successful 
poet. (Athen. ii. p. 40 ; Anon. ap. Meineke, I. c. 
p. 535 ; Aristoph. Acharn. 1. 473, &c. ; Fragm. 
ap. Athen. xii. p. 551 ; Acharn. 851, 603, Vesp. 
650, 1534 ; Schol. ad Arist. Acharn. 397, 498 ; 
Schol. ad Plat, de Rep. iii. p. 928, ed. Bait, ct 
OrelL ; Bentley, Dissert, on the Ep. of PkaL vol. i. 
p. 341, &c. ed. Dyce ; Bode, /. c. p. 22.) There 
can be but little question that Susarion's pieces 
were merely intended for the amusement of the 
hour, and were not committed to writing (Bentley, 
/. c. p. 250, ice. ; Anonym, de Com. ap. Meineke, 
/. c. p. 540 ; Bode, /. c). The comedy of Susarion 
doubtless partook of that petulant, coarse, and 
unrestrained personality for which the Megarian 
comedy was noted. For entertainments of such a 
character the Athenians were not yet prepared. 
They required the freedom of a democracy. Ac- 
cordingly, comedy was discouraged, and for eighty 
years after the time of Susarion we hear nothing 
of it in Attica. 

It was, however, in Sicily, that comedy was 
earliest brought to something like perfection. The 
Greeks in Sicily always exhibited a lively tempera- 
ment, and the gift of working up any occurrence 
into a spirited, fluent dialogue. (Cic. Verr. iv. 43, 
Dirin. in CaecU. 9, Oral. ii. 54 ; Quintil. vi. 3. 
§41.) This faculty finding its stimulus in the 
excitement produced by the political contests, which 
were so frequent in the different cities, and the 
opportunity for its exercise in the numerous agra- 
rian festivals connected with the worship of Demcter 
and Bacchus, it was natural that comedy should 
early take its rise among them. Yet before the time 
of the Persian wars, we only hear of iambic com- 
positions, and of a single poet, Aristoxenus. The 
performers were called auroxoSJoAoi, i. e. impro- 
visatores (Athen. xiv. p. 622. ; Etym. Mngn. s.v. 
ahroKaSS. ; Eustath.ni/ //. xi. p. 884. 45 ; Ilcsvch. 
». v. ; Aristot /ihet. iii. 7. § 1 ; Bode, /. c. p. 8, &c), 
and, subsequently, lapSot. Their entertainments 
being of a choral character were, doubtless, ac- 
companied by music nnd dancing. Athenacus 
(xiv. p. 629) mentions a dance called the lapSix-fi, 
which he ranks with the KopSaJ nnd trixivyit. 
Afterwards, the comic element wns developed 
partly into travesties of religious legends, partly 
into delineations of character nnd manners ; the 
former in the comedy of Kpichnrmus, Phonnin, nnd 
Dcinolochtis ; the latter in the mimes of Sophron 



and Xenarchus. Epicharmus is very commonly 
called the inventor of comedy by the grammarians 
and others (Theocr. Epiff. 17 ; Suidas s. v. 
'Eir'txapfios ; Solinus, 5, 13) ; this, however, is 
true only of that more artistical shape which he 
gave to it (Bernhardy, /. c. p. 900.) In his efforts 
he appears to have been associated with Phormis, 
a somewhat older contemporary. The Megarians 
in Sicily claimed the honour of the invention of 
comedy, on account of his having lived in Megara 
before he went to Syracuse. (Dictionary of Biog. 
and Afylh. art. Epicharmus.) According to 
Aristotle (Poet. 5) Epicharmus and Phormis 
were the first who began (ivBovs iroieiV ; which 
Bernhardy (/. c. p. 898) understands to mean that 
they were the first to introduce regular plots. The 
subjects of his plays were mostly mythological, 
i. e. were parodies or travesties of mythological 
stories. (Miiller, Dorians, book iv. c. 7.) Whether 
in the representation there was a chorus as well as 
actors is not clear, though it has been assumed 
(Grysar, de Dor. Com. p. 200, &c.) that he and 
Phormis were the earliest comic poets whose works 
reached posterity in a written form. (Bentley, I.e. 
p. 451.) But the comedy of Epicharmus was of 
brief duration. We hear of no successors to him 
except his son or disciple Deinolochus. 

In Attica, the first comic poet of any import- 
ance whom we hear of after Susarion is Chionides, 
who is said to have brought out plays in B. c. 488 
(Suidas s. v. XicoWStjs). Euetcs, Euxcnides, and 
Myllus were probably contemporaries of Chionides ; 
he was followed by Magnes and Ecphantides. 
Their compositions, however, seem to have been 
little but the reproduction of the old Megaric farce 
of Susarion, differing, no doubt, in form, by the 
introduction of an actor or actors, separate from 
the chorus, in imitation of the improvements that 
had been made in tragedy. (Bode, I.e. p. 29 — 36.) 
That branch of the Attic drama which was called 
the old comedy, begins properly with Cratinus, 
who was to comedy very much what Aeschylus 
was to tragedy. Under the vigorous and liberal 
administration of Pericles comedy fuund free 
scope, and rapidly reached its perfection. Cratinus 
is said to have been the first who introduced three 
actors in a comedy. (Anonym, de Com. ap. Mei- 
neke, p. 540.) But Crates is spoken of as the first 
who began koB&Kov itok'iv \6yuus J) ftvBovs (Arist. 
Poet. 5), i. c. raised comedy from being a mere 
lampooning of individuals, and gave it a character 
of universality, in which subjects drawn from 
reality, or stories of his own invention received 
a free, poetic treatment, the characters introduced 
being rather generalisations than particular indi- 
viduals. (Sec Aristotle's distinction between T«t 
KaB' (Kairrof and to ku66\ov. Port. 9.) In whnt 
is known of his pieces no traces appear of anything 
of a personal or political kind. He wns the first 
who introduced into his pieces the character of a 
drunken man. (Anonym, de Com. np. Meineke, 
p. 536.) Though Crates was n younger contem- 
porary of Cratinus, nnd nt first an actor in his 
pieces, yet, except perhaps his earlier plays, the 
comedies of Cratinus were an improvement upon 
thme of ( 'rates, ns tin y united with the universality 
of the latter the pungent personal fatire and earnest 
political purpose which characterised the old comedy 
(lleruhnrdy. I.e. pp. 942, 946.) Crates and his 
imitator Phencrali-s m em in the character of their 
pieces to have had more affinity with the middle 
Z 4 



344 



COMOEDIA. 



COMOEDIA. 



than with the old comedy. The latter has been 
described as the comedy of caricature, and such 
indeed it was, but it was also a great deal more. 
As it appeared in the hands of its great masters 
Cratinus, Hermippus, Eupolis, and especially Aris- 
tophanes, its main characteristic was that it was 
throughout political. Everything that bore upon 
the political or social interests of the Athenians 
furnished materials for it. It assailed everything 
that threatened liberty, religion, and the old esta- 
blished principles of social morality and taste, and 
tended to detract from the true nobleness of the 
Greek character. It performed the functions of 
a public censorship. (Hor. Serin, i. 4. 1, &c. ; 
Isocrat. de Pace, p. 161 ; Dion Chrysost. vol. ii. 
p. 4, ed. Rsk. ; Cic. de Rep. iv. 10.) Though 
merely personal satire, having no higher object 
than the sport of the moment, was by no means 
excluded, yet commonly it is on political or general 
grounds that individuals are brought forward and 
satirised. A groundwork of reality usually lay at 
the basis of the most imaginative forms which its 
wild licence adopted. All kinds of phantastic 
impersonations and mythological beings were mixed 
up with those of real life. With such unbounded 
stores of materials for the subject and form of 
comedies, complicated plots were of course un- 
necessary, and were not adopted. Though the 
old comedy could only subsist under a democracy, 
it deserves to be remarked that its poets were 
usually opposed to that democracy and its leaders. 
Some of the bitterest assailants even of Pericles 
were to be found among the comic poets. 

In the year B. c. 440, a law was passed rov jxr) 
Kwfiifhelv (SchoL Arist. Acliarn. 67), which re- 
mained in force for three years, when it was re- 
pealed. Some {e.g. Clinton, F.H.s.a.) under- 
stand the law to have been a prohibition of comedy 
altogether, others (Meineke, I. e. p. 40 ; Bernhardy, 
p. 943) a prohibition against bringing forward in- 
dividuals in their proper historical personality and 
under their own name, in order to ridicule them 
(fi^l Kto/KpSeiv bvofxatrTi). To the same period 
probably belongs the law that no Areopagite should 
write comedies. (Plut. de Glor. Ath. p. 348, c.) 
About B. c. 415, apparently at the instigation of 
Alcibiades, the law of 440, or at all events a law 
fify Kwfj.CjiBt'ii' ovofiaarl, was again passed on the 
motion of one Syracosius (Schol. Arist. Aves, 1297). 
But the law only remained in force for a short 
time (Meineke, p. 41). The nature of the political 
events in the ensuing period would of itself act 
as a check upon the licence of the comic poets. A 
man named Antimachus got a law like that of 
Syracosius passed, but the date of it is not known. 
(Schol. Arist. Acliarn. 1149.) With the over- 
throw of the democracy in 411, comedy would of 
course be silenced, but on the restoration of the 
democracy, comedy again revived. It was doubt- 
less again restrained by the thirty tyrants. During 
the latter part of the Peloponnesian war also it 
became a matter of difficulty to get choregi ; and 
hindrances were sometimes thrown in the way of 
the comic poets by those who had been attacked by 
them. (Schol. Arist. Ran. 153.) Agyrrhius, though 
when is not known, got the pay of the poets 
lessened. (Schol. Arist. Eccl. 102.) The old 
Attic comedy lasted from 01. 80 to 01. 94 (b. c. 
458 — 404). From Cratinus to Theopompus there 
were forty-one poets, fourteen of whom preceded 
Aristophanes. The number of pieces attributed to 



them amounted altogether to 365. (Anon, de 
Com. ap. Meineke, p. 535 ; Bode, I. c. p. 108.) An 
excellent and compendious account of these poets 
is given by Bernhardy. (Grundriss der Griecli. 
Lit. vol. ii. p. 945 — 954.) A more extended account 
will be found in Meineke (Hist. Crit. Comic. Ghaec. 
forming vol. i. of his Fragm. Com. Grace), and in 
Bode (Gesch. der Hellen. Dichtk. vol. iii. pt. ii. p. 
108, &c. &c). The reader is also referred to the 
articles Crates, Cratinus, Pherecrates, Hermippus, 
Eupolis and Aristophanes in the Dictionary of 
Greekand Roman Biography and Mythology . (Comp. 
Rbtscher, Aristophanes und sein Zeitalter ; and 
Schlegel's Lectures on Dramatic Art and Literature.) 
The later pieces of Aristophanes belong to the 
Middle rather than to the Old Comedy. The old 
Megaric comedy, which was improved by Maeson, 
by the introduction of standing characters (Athen. 
xiv. p. 659, a.) continued for some time to subsist 
by the side of the more artistically developed Attic 
comedy, as did the ancient Iambistic entertain- 
ments both in Syracuse and in the Dorian states 
of Greece. (Arist. Poet. 4 ; Bode, I. c. p. 28.) 

It was not usual for comic poets to bring forward 
more than one or two comedies at a time ; and 
there was a regulation according to which a poet 
could not bring forward comedies before he was of 
a certain age, which is variously stated at thirty or 
forty years. (Aristoph. Nub. 530, with the scho- 
liast.) To decide on the merits of the comedies 
exhibited, five judges were appointed, which was 
half the number of those who adjudged the prize 
for tragedy. (Schol. ad Arist. Av. 445 ; Hesych. 
s. v. irecre Kpnal.) 

The chorus in a comedy consisted of twenty- 
four. [Chorus.] 

The dance of the chorus was the icSpSal;, the 
movements of which were capricious and licentious, 
consisting partly in a reeling to and fro, in imitation 
of a drunken man, and in various unseemly and 
immodest gestures. For a citizen to dance the 
Kc!p5a| sober and without a mask, was looked 
upon as the height of shamelessness. (Theophrast. 
Charact. 6.) The choreutae were attired in the 
most indecent manner. (Schol. ad Arist. Nub. 
537.) Aristophanes, however, and probably other 
comic poets also, frequently dispensed with the 
/cd>5a|. (Arist. Nub. 537, &c 553, &c; Schneider, 
das Attische Iheaterwesen, p. 229, &c.) Comedies 
have choric songs, but no a-Taaip-a, or songs between 
acts. The most important of the choral parts was 
the Parabasis, when the actors having left the stage, 
the chorus, which was ordinarily divided into four 
rows, containing six each (Pollux, iv. 108 ; Schol. 
ad Arist. Pac. 733), and was turned towards the 
stage, turned round, and advancing towards the 
spectators delivered an address to them in the 
name of the poet, either on public topics of general 
interest, or on matters which concerned the poet 
personally, criticising his rivals and calling attention 
to his merits ; the address having nothing what- 
ever to do with the action of the play. (Schol. ad 
Arist. Nub. 518, Pac. 733, Equit. 505.) The 
grammarians speak of it as being divided into the 
following portions : — 1. A short introduction (the 
Kofi/xdnov) ■ 2. The irapdSaais in the narrower 
sense of the word, or avairaiGTos, which was the 
principal part ; and usually consisted of a system 
of anapaestic or trochaic tetrameters, in which case 
it was the practice for it to close with what was 
called the paKpAv or irviyos, a number of short 



COMOEDIA. 

verses, which the speaker had to utter in a hreath, 
and by which he was to appear to be choked ; 3. 
The aTpo<pJi ; 4. The brtpfaita ; 5. The avri- 
<TTpo(pr\, answering to the aTpo<p4\ • 6. The avr- 
eiripliriiia, answering to the eVIp^/u. The strophe 
and antistrophe were sung by half choruses, and 
were probably accompanied by dancing, being the 
only parts of the parabasis that were so accom- 
panied. (Bode I.e. p. 273.) The rhema and epir- 
rhema were uttered by single chorcutae. The para- 
basis, however, did not always contain all these 
parts complete. The origin of the parabasis is not 
quite clear. Possibly in the earlier stages of 
comedy, the poet went with the comus procession, 
and in the course of its performance addressed a 
speech in his own person to the spectators. ( Etvm. 
Magn. p. 528 ; Pollux, iv. Ill ; Schol. ad Arist. 
Nub. 518, 1113, Pac. 733; Hypothes. ad Arist. 
Null. ; Hermann, Elem. DocL Metr. iii. 21, p. 720, 
&c. ; Kanngiesser, Alte Kom. Iiuhne, p. 356, 6cc. ; 
Kolster, de Puralxisi.) The parabasis was not 
universally introduced : three plays of Aristophanes, 
the Ecclesiazusae, Lysistrata, and Plutus have 
none. 

As the old Attic comedy was the offspring of the 
political and social vigour and freedom of the age 
during which it flourished, it naturally declined 
and ceased with the decline and overthrow of the 
freedom and vigour which were necessary for its 
development It was replaced by a comedy of 
a somewhat different style, which was known as 
the Middle comedy, the age of which lasted 
from the end of the Peloponnesian war to the 
overthrow of liberty by Philip of Macedon. (01. 94 
— 110.) During this period, the Athenian state 
had the form, but none of the spirit of its earlier 
dcmocratical constitution, and the energy and pub- 
lic spirit of earlier years had departed. The 
comedy of this period accordingly found its mate- 
rials in satirizing classes of people instead of indi- 
viduals, in criticising the systems and merits of 
philosophers and literary men, and in parodies of 
the compositions of living and earlier poets, and 
travesties of mythological subjects. It formed a 
transition from the old to the new comedy, and 
approximated to the latter in the greater attention 
to the construction of plots which seem frequently 
to have been founded on amorous intrigues (Bode, 
p. 396), and in the absence of that wild grotesquc- 
ncss which marked the old comedy. As regards 
its external form, the plays of the middle comedy, 
generally speakinit, had neither parabasis nor chorus. 
( I'latonius, de Itiflcr. Com. ap. Meineke, p. 532.) 
The absence of the chorus was occasioned, partly 
by the change in the spirit of comedy itself, partly 
by the increasing difficulty of finding persons capable 
of undertaking the duties of choregus. As the 
change in comedy itself was gradual, so it is most 
likely that the alterations in form were brought 
about by degrees. At first showing the want of 
proper musical and orchestic training, the chorus 
was at last dropped altogether. Some of the frag- 
ments of pieces of the middle comedy which have 
reached us are of a lyrical kind, indicating the 
presence of a chorus. The poets of this school of 
comedy seem to have been extraordinarily prolific. 
Athenaeus (viii. p. 336,(1.) says, that he had read 
above 800 dramas of the middle comedy. Only a 
few fragments are now extant. Meineke (Hut. 
Cril. Com. (!r. p. 303) gives a list of thirty-nine 
poets of the middle comedy. The most celebrated 



COMOEDIA. 



345 



' were Antiphanes and Alexis. (Bode, /. c. p. 393, 
&c. ; Bernhardy, p. 1000, &.c.) 

The new comedy was a further development of 
the last mentioned kind. It answered as nearly 
as may be to the modem comedy of manners or 
character. Dropping for the most part personal 
allusions, caricature, ridicule, and parody, which, 
in a more general form than in the old comedy, 
had maintained their ground in the middle comedy, 
the poets of the new comedy made it their business 
to reproduce in a generalized form a picture of the 
I every-day life of those by whom they were sur- 
. rounded. Hence the grammarian Aristophanes 
1 asked : ii MevavSpe koX jSi'e, irorepos &p' v/xav 
Trorepov 07re/ii/rij<raTo (Meineke, praef. Men. p. 
33). The new comedy might be described in the 
words of -Cicero {de Rep. iv. 1 1 ), as " imitationem 
vitae, speculum consuetudinis, imaginem vcritatis." 
I The frequent introduction of sententious maxims 
was a point of resemblance with the later tragic 
poets. There were various standing characters 
which found a place in most plays, such as we 
1 find in the plays of Plautus and Terence, the leno 
perjurus, amator fervidus, servulus callidus, arnica 
illudens, sodalis opilulalor, miles proeliator, para- 
situs edar, parentes tenaces, meretrices procaees. 
(Appul. Flor. 16 ; Ovid, Amor. i. 15, 17.) In the 
new comedy there was no chorus, and the dramas 
I were commonly introduced by prologues, spoken 
by allegorical personages, such as "E\eyxos, 4>6§os, 
' 'ki]p. The new comedy flourished from about 
b. c. 340 to b. c. 260. The poets of the new comedy 
' amounted to 64 in number. The most distinguished 
( was Mcnandcr. Next to him in merit came Phile- 
mon, Diphilus, Philippides, Posidippus, and Apol- 
lodorus of Carystus. (Bernhardy, p. 1008, &c. ; 
Meineke, /. c. p. 435, 6cc.) 

Respecting the masks used in comedy the reader 
is referred to the article Pkrsona. The ordinary 
| costume was the ifa/iis, which for old men was 
unfullcd. Peasants carried a knapsack, a cudgel, 
and a skin of some kind ($'t<p8tpa). Young men 
had a purple tunic ; parasites a black or grey one, 
1 with a comb and a box of ointment. Courtezans 
, had a coloured tunic, and a variegated cloak over 
it, with a wand in their hand. Slaves wore a 
' small variegated cloak over their tunic ; cooks an 
j unfullcd double mantle ; old women a yellow or 
; blue dress ; priestesses and maidens a white one ; 
heiresses a white dress with a fringe ; bawds and 
the mothers of hctacrae had a purple band round 
the head ; pandercrs a dyed tunic, with a varie- 
j gated cloak and a straight staff, called UptaKos. 
(Pollux, iv. 1 18, Ace, vii. 47 ; Etymol. Magn. p. 
349. 43; A. Ocll. vii. 12.) The authorities, 
however, on these points arc not very full, and not 
quite accordant. 

2. Roman. — The accounts of the early stages 
of comic poetry among the Romans are scanty, and 
leave many points unexplained, but they an- pro- 
bably trustworthy as far as they go. Little is 
known on the subject but what I. ivy tells us (vii. 
4). According to his account in the year u. c. 363, 
on the occasion of n severe pestilence, among other 
ceremonies for averting the anger of the deities 
scenic entertainments were introduced from Etrurin, 
whi p' it would seem they were a familiar amuse- 
ment. Tuscan plnyers {luilionrt), who were fetched 
from Elrurio, exhibited a sort of pantomimic dance 
to the music of a flute, without any song accom- 
panying their dance, and without regular dramatic 



346 



COMOEDIA. 



COMOEDIA. 



gesticulation. The amusement became popular, and 
was imitated by the young Romans, who (though 
how soon is not stated) improved upon the original 
entertainment by uniting with it extemporaneous 
mutual raillery, composed in a rude irregular mea- 
sure, a species of diversion which had been long 
known among the Romans at their agrarian fes- 
tivals under the name of Fescennina [Fescen- 
nina]. They regulated their dances so as to ex- 
press the sense of the words. Those who had an 
aptitude for this sort of representation set them- 
selves to improve its form, supplanting the old 
Fescennine verses by more regular compositions, 
which however had not as yet any thing like 
dramatic unity or a regular plot, but from the mis- 
cellaneous nature of the subjects introduced were 
called saturae [Satura]. Those who took part 
in these exhibitions were called histriones, hister 
being the Etruscan word which answered to the 
Latin ludio [Histrio]. It was 123 years after 
the first introduction of these scenic performances 
before the improvement was introduced of having 
a regular plot. This advance was made by Livius 
Andronicus, a native of Magna Graecia, in B. c. 
240. His pieces, which were both tragedies and 
comedies, were merely adaptations of Greek dramas. 
His popularity increasing, a building on the Aven- 
tine hill was assigned to him for his use, which 
served partly as a theatre, partly as a residence for 
a troop of players, for whom Livius wrote his 
pieces. The representation of regular plays of this 
sort was now left to those who were histriones by 
profession, and who were very commonly either 
foreigners or slaves ; the free-born youth of Rome 
confined their own scenic performances to the 
older, irregular farces, which long maintained their 
ground, and were subsequently called exodia, being, 
as Livy says, conserta fabcllis potissimum Atellanis. 
[Exodia ; Satura.] Livius, as was common at 
that time, was himself an actor in his own pieces. 
His Latin adaptations of Greek plays, though they 
had no chorus, were interspersed with monodies, 
which were more lyrical in their metrical form, 
and more impassioned in their tone than the ordi- 
nary dialogue parts. In the musical recitation of 
these Livius seems to have been very successful, 
and was frequently encored. The exertion being 
too much for his voice, he introduced the practice 
in these monodies, or cantica, of placing a slave 
beside the flute player to recite or chaunt the words, 
while he himself went through the appropriate 
gesticulation. This became the usual practice from 
that time, so that in the cantica the histriones did 
nothing but gesticulate, the only parts where they 
used their voice being the dialogues (diverbia). 
Livy's account has been absurdly misunderstood 
as implying that the introduction of this slave to 
chaunt the cantica led to the use of dialogue in the 
Roman dramas, as though there had been no dia- 
logue before ; in which case, as there was certainly 
no chorus, Livius must have adapted Greek dramas 
so as to admit of being represented in a series of 
monologues, a supposition which is confuted by its 
own absurdity. It is perfectly clear that the plays 
of Livius were an improvement on the old scenic 
saturae, which consisted of dialogue, and that the 
improvement was simply that of adapting the dia- 
logue to a regular plot. Hermann (Dissert, de 
Cant, in Fab. scenic. Opusc. vol. i. p. 290, &c.) has 
sufficiently shown that the cantica were not mere 
musical interludes accompanied by dancing or ges- 



ticulation, introduced between the acts, but the 
monodial parts of the plays themselves ; though 
(as is clear from Plautus, Pseud, i. 5. 160) there 
were cases in which the flute-player filled up the 
intervals between acts with music, as in the 5iou- 
Mov in the Greek theatre. But there is nothing 
to show that such musical interludes were accom- 
panied with gesticulation by any actor ; and it is 
not merely without but against all authority to call 
such interludes cantica. Hermann has also shown 
that it is quite a mistake to suppose that the lead- 
ing actors only gesticulated in the cantica, and 
took no part in the ordinary dialogue. The can- 
tica were only monodies put into the mouth of one 
or other of the dramatis personae. There is a use- 
ful treatise on this subject by G. A. B. Wolff (de 
Canticis in Romanorum Fabulis scenicis), in which 
the author has endeavoured to point out which are 
the cantica in the remaining plays of Plautus and 
Terence. 

The first imitator of the dramatic works of Livius 
Andronicus was Cn. Naevius, a native of Cam- 
pania. He composed both tragedies and comedies, 
which were either translations or imitations of 
those of Greek writers. In comedy his models 
seem to have been the writers of the old comedy. 
(Diet, of Gr. and Rom. Biog. and Myth. art. Nae- 
vius.) The most distinguished successors of Nae- 
vius were Plautus (Ibid. art. Plautus), who chiefly 
imitated Epicharmus, and Terence (Ibid. art. Te- 
rentius), whose materials were drawn chiefly 
from Menander, Diphilus, Philemon, and Apollo- 
dorus. The comedy of the Romans was through- 
out but an imitation of that of the Greeks, and 
chiefly of the new comedy. Where the characters 
were ostensibly Greek, and the scene laid in Athens 
or some other Greek town, the comedies were 
termed palliatae. All the comedies of Terence and 
Plautus belong to this class. When the story and 
characters were Roman, the plays were called 
togatae. But the fabulae togatae were in fact little 
else than Greek comedies clothed in a Latin dress. 
(As Horace says : " dicitur Afrani toga convenisse 
Menandro." Fpist.ii. 1.57.) They took their name 
because the costume was the toga. The togatae 
were divided into two classes, the trabeatae and 
tabernariae, according as the subject was taken 
from high or from low life (Euanthius, deFabula). 
In the comediae palliatae, the costume of the 
ordinary actors was the Greek pallium. The 
plays which bore the name of praetextatae, were 
not so much tragedies as historical plays. It is a 
mistake to represent them as comedies. There 
was a species of tragi-comedy, named from the 
poet who introduced that style Rldnthonica. A 
tragedy the argument of which was Greek was 
termed erepidata. The mimes are sometimes 
classed with the Latin comedies. (Hermann, de 
Fabula togata. Opusc. vol. v. p. 254, &c.) Re- 
specting them, the reader is referred to the article 
Mimus. The mimes differed from the comedies in 
little more than the predominance of the mimic 
representation over the dialogue, which was only 
interspersed in various parts of the representation. 

Latin comedies had no chorus, any more than 
the dramas of the new comedy, of which they 
were for the most part imitations. Like them, 
too, they were introduced by a prologue, which, 
answered some of the purposes of the parahasis of 
the old comedy, so far as bespeaking the good will 
I of the spectators, and defending the poet against 



COMOEDIA. 

Ins rivals and enemies. It also communicated so 
much information as was necessary to understand 
the story of the play. The prologue was com- 
monly spoken by one of the players, or, | erhaps, 
by the manager of the troop. Occasionally the 
speaker of it assumed a separate mask and costume, 
for the occasion (Plant Poen. prol. 126 ; Terent 
Prol. iL 1). Sometimes the prologue is spoken 
by one of the dramatis personae (Plaut. Amph. ; 
Mil. Glor. ; Merc), or by some supernatural or 
personified being, as the Lar familiaris in the Au- 
lularia of Plautus, Arcturus in the Rudens, Auxi- 
lium in the Cistel/aria, Luxnria and Inopia in the 
Trinummus. (Baden, von dem Prolorje im Horn. 
Lustsp. in Jahn's Archiv. i. 3. p. 441, &c. ; Bekker, 
de com. Roman. Faljulis, p. 89, &c. ; Wolff, de Pro- 
logs Plautmis.) The rest of the piece consisted 
(as Diomede3 says, iii. p. 489) of direrbium and 
canticum. This division, however, must not be 
taken too stringently, as it was not every mono- 
logue which was a canticum. The composition of 
the music, which is spoken of in the didascaliae, 
appears to have had reference to these cantica. 
Respecting the use of masks, see the article Peb,- 
so.va. When they were first introduced, is a 
disputed point (Wolff, de Canlicis, p. 22, Ate. ; 
Hblscher, de Personarum L'su in Ludis seen. ap. 
Rom. ; Stievc, de Rei scenicue ap. Rom. (hritjine.) 
The characters introduced were much the same 
as in the new comedy, and their costume was not 
very different Donatus gives the following ac- 
count of it : " comicis senibus candidus vestis in- 
ducitur, quod is antiquissimus fuissc memoratur, 
adolcscentihus discolor attribuitur. Servi comici 
amictu cxiguo contcguntur paupcrtatis antiquac 
gratia, vcl quo expeditions agant Parasiti cum 
intortis palliis veniunt Laeto vestitus candidus, 
aerumnoso obsolctus, purpurcus diviti, paupcri 
phocniceus datur. Militi chlamys purpurea, pucl- 
lac habitus peregrinus inducitur, leno pallio varii 
coloris utitur,mcretrici ob avaritiam lutcum datur." 

A word remains to be said on the Alellanae 
faliulae. These were not of Roman, but of Italian 
origin, and were not introduced among the Romans 
till the latter came into contact with the Cam- 
panians. These pieces took their name from the 
town of Atclla in Campania. From being always 
composed in the Oscan dialect, they were also 
called liuli Osci, or ludicrum Oscum. At first, and 
amongst the Oscans, they appear to have been 
rode, improvisatory farces, without dramatic con- 
nection, but full of raillery and satire. So far 
they resembled the earlier scenic entertainments 
of the Romans. Hut the Oscan farces had not 
the dancing or gesticulation which formed a chief 
part of the latter, and those who took part in 
them personated characters representing various 
classes of the country people, like the Maschcrc of 
the modern Italians. These had regular names ; 
there was Marcus, a sort of clown or fool ; lluc- 
eones, i. c. babblers ; Pappus ; Simus or .Simius, 
the bnbonn. The Oreck origin of some of these 
■BOM would seem to indicate that the Greek 
settlers in Italy had some influence in the deve- 
lopment of this species of nmuscment The Alel- 
lanae falmlae were distinguished from the mimes 
by the absence of low buffoonery. They were 
marked by a refined humour, ((,'ic. ad /'am. ix. 
16 ; Vnl. Max. ii. 1.) They were commonly 
divided into five acts. (Macrob. Saturn, iii.) Re- 
specting the rmdia, see the article Exodhm. 



COMPITALIA. 347 
The Oscan dialect was preserved, even when they 
were introduced at Rome. (Strabo, v. p. 356, a.) 
Though at first improvisator}-, after the regular 
drama acquired a more artistic character, the 
Atellanae came to be written. Lucius Pomponius 
of Bononia and Q. Xovius are mentioned as writers 
of them. Regular histriones were not allowed to 
perform in them. They were acted by free-born 
Romans, who were not subjected to any civil de- 
gradation for appearing in them. In later times, 
they degenerated, and became more like the mimes, 
and were acted by histriones ; but by that time 
they had fallen into considerable neglect. (C. E. 
Schober, iiber die A tcllunen, Lips. 1825 ; Weyer, 
iilter d. Aiell. Mannheim 1826 ; Neukirch, de Fa- 
Ma togata, pp. 20, 51, &lc. • Bahr, Gesch. der Rom. 
Litteratur.) [C.P.M.] 

COMPENSA'TIO is defined by Modestinus to 
be debiti et crediti inter se coniributio. Compen- 
sate, as the etymology of the word shows (pend-o), 
is the act of making things equivalent A person 
who was sued, might answer his creditor's demand, 
who was also his debtor, by an offer of compen- 
sate (si paratus est compensare) ; which in effect 
was an offer to pay the difference, if any, which 
should appear on taking the account. The object 
of the compensatio was to prevent unnecessary 
suits and payments, by ascertaining to which party 
a balance was due. Originally compensatio only 
took place in bonae fidei judiciis, and ex eadem 
causa ; but by a rescript of M. Aurelius there could 
be compensatio >n stricti juris judiciis, and ex dis- 
part causa. When a person made a demand in 
right of another, as a tutor in right of his pupillus, 
the debtor could not have compensatio in respect 
of a debt due to him from the tutor on his own 
account A fidejussor (surety) who was called 
upon to pay his principal's debt, might have com- 
pensatio, either in respect of a debt due by the 
claimant to himself or to his principal. It was a 
rule of Roman law that there could be no compen- 
satio where the demand could be answered by an 
exceptio peremptoria ; for the compensatio admitted 
the demand, subject to the proper deduction, 
whereas the object of the exceptio was to state 
something in bar of the demand. Set-off in Eng- 
lish law, and compensation in Scotch law, corre- 
spond to compensatio. (Dig. 16. tit. 2 ; Thibaut, 
System, &c § 606, 9th ed. contains the chief 
rules as to compensatio.) [G. L.J 

COMPERENDIN ATIO. [ JodkJ 

COMPETITOR. [Ambitus.] 

CO'MPITA. rCoMPITALIA.l 

COMIMTA'LIA, also called LVDl COMPI- 
TALI'CII, a festival celebrated once n year in 
honour of the lares compitales, to whom sacrifices 
were offered at the places where two or more ways 
met (eompita, Vnrro, Dt ling. hat. vi. 25, ed. 
Miiller ; Festus, «. r.). This festival is said by 
some w riters to have been instituted by Tarquinius 
Priscus in consequence of the miracle attending the 
birth of SiTvius Tiillius, who was supposed to be 
the son of a lar familiaris. (Plin. //. A', xxxvi. 
70.) Dionysius (iv. 14) ascribe* its origin to 
Servius Tullius, nnd describes the festival as it was 
celebrated in his time. He relate* that the sacri- 
fice* consisted of honey-cakes (WAavoi), which 
mi prei' iited by the inhabitant* of each house, 
and that the person*, who assisted a* ministering 
servant* at the festival, were not free-men, but 
>l;nr), Ijei.iuse the l.ip-.i t'mk pleasure in the ser- 



348 



CONCILIUM. 



CONCIO. 



vice of slaves : he farther adds that the compitalia 
were celebrated a few days after the Saturnalia 
with great splendour, and that the slaves on this oc- 
casion had full liberty given them to do what they 
pleased. We further learn from Macrobius {Saturn. 
i. 7) that the celebration of the compitalia was 
restored by Tarquinius Superbus, who sacrificed 
boys to Mania, the mother of the lares ; but this 
practice was changed after the expulsion of the 
Tarquins, and garlic and poppies offered in their 
stead. 

The persons, who presided over the festival 
were the Magistri vici, who were on that occasion 
allowed to wear the praetexta (Ascon. ad Cic. in 
Pis. p. 7, ed. Orelli). Public games were added 
at some time during the republican period to this 
festival, but they were suppressed by command of 
the senate in B. c. 68 ; and it was one of the 
charges brought forward by Cicero against L. Piso 
that he allowed them to be celebrated in his con- 
sulship, B. c. 58 (Cic. in Pis. 4 ; Ascon. I. c.) But 
that the festival itself still continued to be observed, 
though the games were abolished, is evident from 
Cicero (ad Att. iii. 3). During the civil wars the 
festival fell into disuse, and was accordingly re- 
stored by the emperor Augustus. (Suet. Aug. 31 ; 
comp. Ov. Fast. v. 128 — 148.) As Augustus was 
now the pater patriae, the worship of the old lares 
was discontinued, and the lares of the emperor 
consequently became the lares of the state. Hence, 
the Scholiast on Horace (ad Sat. ii. 3. 281), tells 
us that Augustus set up lares or penates at places 
where two or more ways met, and instituted for 
the purpose of attending to their worship an order 
of priests, who were taken from the Libertini, and 
were called Augustales. These Augustales are en- 
tirely different from the Augustales, who were 
appointed to attend to the worship of Augustus after 
his decease, as has been well shown by A. W. 
Zumpt in his essay on the subject. (De Augus- 
talibus, &c, Berol. 1846.) [Augustales.] 

The compitalia belonged to the feriae concep- 
tivae, that is, festivals which were celebrated on 
days appointed annually by the magistrates or 
priests. The exact day on which this festival was 
celebrated, appears to have varied, though it was 
always in the winter. Dionysius relates (iv. 14), 
as we have already said, that it was celebrated a 
few days after the Saturnalia, and Cicero (in Pison. 
4) that it fell on the Kalends of January ; but in 
one of his letters to Atticus (vii. 7) he speaks of it 
as falling on the fourth before the nones of January. 
The exact words, with which the festival was an- 
nounced, are preserved by Macrobius (Saturn, i. 4) 
and Aulus Gellius (x. 24). 

COMPLU'VIUM. [Domus.] 

COMPROMISSUM. [Judex ; Recepta 
Actio.] 

COMUS (kco/ios). [Chorus ; Comoedia.] 

CONCHA (K6yxn), a Greek and Roman liquid 
measure, of which there were two sizes. The 
smaller was half the cyathus (='0412 of a pint 
English) ; the larger, which was the same as the 
oxybaphum, was three times the former (="1238 
of a pint). (Hussey, pp. 207, 209 ; Wurm, p. 
129.) [P. S.] 

CONCILIA'BULUM. [Colonia, p.318,a.] 

CONCILIA'RII. [Assessor.] 

CONCI'LIUM generally has the same meaning 
as conventus or cotwentio, but the technical import 
of concilium in the Roman constitution was an 



assembly of a portion of the people (Gell. xv. 27), 
as distinct from the general assemblies or comitia. 
(Fest. p. SO ; Cic. De Leg. ii. 1, p. Red. in Sen. 5.) 
Accordingly, as the comitia tributa embraced only 
a portion of the Roman people, viz. the plebeians, 
these comitia are often designated by the term 
concilia plebis. (Liv. vii. 5, xxviii. 53, xxxix. 
15.) Upon the same principle, it might be sup- 
posed that the comitia curiata might be called 
concilia, and Ivfiebuhr (Hist, of Rome, i. p. 425) 
believes that the concilia populi which are men- 
tioned now and then, actually were the comitia 
curiata ; but there is no evidence of those patrician 
assemblies, which in the early times certainly 
never looked upon themselves as a mere part of 
the nation, having ever been called by that name. 
In fact, all the passages in which concilia populi 
occur, clearly show that none other but the comitia 
tributa are meant. (Liv. i. 36, ii. 7, 60, iii. 13, 16, 
64, 71, xxx. 24, xxxviii. 53, xxxix. 15, xliii. 16, 
Cic. in Vat. 7.) As concilium, however, has the 
meaning of an assembly in general, we cannot 
wonder that sometimes it is used in a loose way to 
designate the comitia of the centuries (Liv. ii. 28) 
or any concio. (Liv. ii. 7, 28, v. 43 ; Gell. xviii. 7 ; 
comp. Becker, Handb. der Rom. Alterth. vol. ii. 
part i. p. 359, note 693.) 

We must here notice a peculiar sense in which 
concilium is used by Latin writers to denote the 
assemblies or meetings of confederate towns or 
nations, at which either their deputies alone or 
any of the citizens met who had time and in- 
clination, and thus formed a representative as- 
sembly. (Liv. i. 50.) Such an assembly or diet 
is commonly designated as commune concilium, or 
rb koiv6v, e. g. Achaeorum, Aetolorum, Boeotorum, 
Macedoniae, and the like. (Liv. xxxvi. 31, 
xxxviii. 34, xlii. 43, xlv. 18 ; Gell. ii. 6.) Of the 
same kind were the diets of the Latins in the 
grove of Ferentina (Liv. i. 51, vi. 33, vii. 25, 
viii. 3), the meetings of the Etruscans near the 
temple of Voltumna (Liv. iv. 23, 25, 61, v. 17, 
vi. 2), of the Hernicans in the circus of Anagnia 
(ix. 42), of the Aequians and Samnites (iii. 2, iv. 
25, x. 12). [L. S.] 

CO'NCIO or CO'NTIO, a contraction for con- 
ventio, that is, a meeting, or a conventus. (Festus, 
p. 66, ed. Miiller.) In the technical sense, how- 
ever, a concio was an assembly of the people at 
Rome convened by a magistrate for the purpose of 
making the people acquainted with measures which 
were to be brought before the next comitia, and of 
working upon them either to support or oppose the 
measure. But no question of any kind could be 
decided by a concio, and this constitutes the differ- 
ence between conciones and comitia. (Gell. xiii. 
14 ; Cic. p. Sext. 50, 53 ;'Liv. xxxix. 15.) Still 
conciones were also convened for other purposes, 
e.g. of persuading the people to take part in a 
war (Dionys. vi. 28), or of bringing complaints 
against a party in the republic. (Dionys. ix. 25 ; 
Plut. C. Gracck. 3.) Meetings of this kind naturally 
were of very frequent occurrence at Rome. The 
earliest that is mentioned, is one held immediately 
after the death of Romulus by Julius Proculus in 
the Campus Martius (Liv. i. 16 ; Plut. Rom. 27) ; 
the first, after the expulsion of the kings, was held 
by Brutus. (Liv. ii. 2 ; Dionys. v. 10, &c.) Every 
magistrate had the right to convene conciones, but 
it was most frequently exercised by the consuls 
and tribunes, and the latter more especially ex- 



CONCUBINA. 

ercised a great influence over the people in and 
through these conciones. A magistrate who was 
higher in rank than the one who had convened a 
concio, had the right to order the people to dis- 
perse, if he disapproved of the object (avocare, 
GelL xiii. 14) ; and such a command and the vehe- 
mence of the haranguing tribunes rendered con- 
ciones often very tumultuous and riotous, especially 
during the latter period of the republic The 
convening magistrate either addressed the people 
himself, or he introduced other persons to whom 
he gave permission to speak, for no private person 
was allowed to speak without this permission, and 
the people had nothing to do but to listen. (Dionys. 
t. 11 ; Liv. iii. 71, xlii. 34 ; Cic. ad Alt. iv. 2.) 
The place where such meetings were held, does 
not seem to have been fixed, for we find them in 
the forum, the Capitol, the Campus Martius, and 
the Circus Flaminius. (Cic. p. Sejct. 14, ad Att. i. 

1. ) It should be remarked, that the term concio 
is also used to designate the speeches and harangues 
addressed to the people in an assembly (Liv. xxiv. 
22, xxvii. 1 3 ; Cic. in Vat. 1 ), and that in a loose 
mode of speaking, concio denotes any assembly 
of the people. (Cic. p. I'lacc. 7 ; comp. the 
Lexica.) [L. S.] 

CONCUBI'NA (iraMaK-f), iraWaKis). 1. 
Greek. — The iraWatcr], or irccAAaicii, occupied at 
Athcn9 a kind of middle rank between the wife 
and the harlot (iraipa). The distinction between 
the iraipa, iroAAoxti, and legal wife, is accurately 
described by Demosthenes (c. Neaer. p. 1 386), ras 
fiiy yap iraipas T)5oi-7js tvtti txop-tv tos 06 iraA- 
Aaxct;, ttji naff Tifxipav Stpairtias tov awuaTos \ 
raj he yvva'tKas, tov iratooroit'ioBai ymjalws xal 
ruv tnhov <pi\axa maT^v tx*'"- Thus Antiphon 
speaks of the iroAAoKii of I'hiloncos as following 
him to the sacrifice, and also waiting upon him and 
his guest at table. (Antiph. Acc. de Venef. pp. 613, 
614 ; comp. Becker, Chariklei, vol. ii. p. 438.) If 
her person were violated by force, the same penalty 
was exigible from the ravisher as if the offence had 
been committed upon an Attic matron ; and a man 
surprised by the quasi-husband in the act of crimi- 
nal intercourse with his traWaxri, might be slain 
by dim on the spot, as in the parallel case (Lys. 
De Caede Eratotth. p. 95). [AdULTERIUM.] It 
doc9 not, however, appear very clearly from what 
political classes concubines were chit-fly selected, 
as cohabitation with a forciifn ({«""**) woman was 
strictly forbidden by law (Demosth. c. Neaer. p. 
1 350), and the provisions made by the Btate for 
virgins of Attic lamilics must in most cases have 1 
prevented their sinking to this condition. Some- 
times certainly, where there were several destitute 
female orphans, this might take place, as the next 
of kin was not obliged to provide for more than 
one ; and we may also conceive the same to have 
taken place with respect to the daughters of fami- 
lies so poor as to be unable to supply a dowry. 
(Demosth. e. Neiur. p. 13114 ; Plant. Trinummui,\\\. 

2. 63.) The dowry, in fact, seems to have been a 
decisive criterion as to whether the connection be- 
tween a male and female Athenian, in a state of 
cohabitation, amounted to a marriage : if no dowry 
had been given, the child of such union would be | 
illegitimate ; if, on the contrary, a down- had 
been given, or a proper instrument executed in 
acknowledgment of its receipt, the female was 
fully entitled to all conjugal rights. (Petit Leg. 
Jill. p. 648, and authors there quoted.) It does 



CONFARREATIO. 



349 



not appear that the slave that was taken to her 
master's bed acquired any political rights in conse- 
quence; the concubine mentioned by Antiphon is 
treated as a slave by her master, and after his 
death undergoes a sen ile punishment (Id. p. 615). 
[Hetaira.] [J. S. MJ 

2. Roman - . According to an old definition, an 
unmarried woman who cohabited with a man was 
originally called pellex, but afterwards by the more 
decent appellation of concubina. (Massurius, ap. 
Paul. Dig. 50. tit. 16. s. 144.) This remark has 
apparently reference to the Lex Julia et Papia 
Poppaea, by which the concubinatus received a 
legal character. This legal concubinatus consisted 
in the permanent cohabitation of an unmarried man 
with an unmarried woman. It therefore differed 
from adulterium, stnprum, and incestus, which were 
legal offences ; and from contubernium, which was 
the cohabitation of a free man with a slave, or the 
cohabitation of a male and female slave, between 
whom there could be no Roman marriage. Before 
the passing of the Lex. Jul. et P. P., the name of 
concubina would have applied to a woman who 
cohabited with a married man, who had not divorced 
his first wife (Cic. De Oral. i. 40) ; but this was 
not the state of legal concubinage which was after- 
wards established. The offence of stuprum was 
avoided in the case of the cohabitation of a free 
man and an ingenua by this permissive concubinage ; 
but it would seem to be a necessary inference that 
there should be some formal declaration of the in- 
tention of the parties, in order that there might be 
no stuprum. (Dig. 48. tit. 5. s. 34.) Hcincccius 
(Syntag. Ap. lib. L 39) denies that an ingenua 
could be a concubina, and asserts that those only 
could be concubinac who could not be uxorcs ; but 
this appears to be a mistake (Dig. 25. tit. 7. s. 3), 
or perhaps it may be said that there was a legal 
doubt on this subject (Id. s. 1); Aurelian prohibited 
the taking of ingenuae as concubinac. (Vopiscus, 
Aurelian. 49.) A constitution of Constantine 
(Cod. v. tit. 27. s. 6) treats of ingenuae concubinac. 

This concubinage was not a marriage, nor were 
the children of such marriage, who were sometimes 
called liberi naturales, in the power of their father, 
and consequently they followed the condition of 
the mother. There is an inscription in Fabretti 
(p. 337) to the memory of Paullianus by Aemilia 
Prima "concubina ejus et hcres," which seems to 
show that the term concubina was not a name that 
a woman was ashamed of. Under the Christian 
emperors concubinage was not favoured, but it 
still existed, as we ace from the legislation of Jus- 
tinian. 

This legal concubinage resembled the morganatic 
marriage (ad morganaticam), in which neither the 
wife enjoys the rank of the husband, nor the 
children the rights of children by a legal marriage. 
(/.-/>. 1'cud. ii. 29.) Among the Romans, widowers 
who had already children, and did not wish to 
contract another legal marriage, took a concubina, 
as we sec in the case of Ycipasian (Suet. Veip. 3), 
Antoninus Pius, and M. Aurelius (Jul. Cap. I'it. 
Ant. c 8 ; Aurei. c. 29 ; Dig. 25. tit 7 ; Cod. v. 
tit 26 ; Paulus, Itecrpt. Heutent. ii. tit 19, 20; 
Nov. 18, c fi ; 89. c. 12.) [G. L.] 

CONDKMNA'TIO. |A<tio; Jii.kx.) 

CONDI'CTK). [Actio. | 

coNDiTO'RMJM. [Fainra.] 

CDNDt 'CTIO. | L.h ,n in. | 
CONFARREA TIO. [ Matrimonii;:*.] 



350 



CONFUSIO. 



CONGIARIUM. 



CONFESSO'RIA ACTIO. If a man has a 
servitus [Ser Vitus], and the exercise of his right 
is impeded by any person, he can maintain it by 
an actio in rem, which is a servitutis vindicatio. 
Accordingly, when a man claims a jus utendi, 
fruendi, eundi, agendi, &c, the actio is called con- 
fessoria de usufructu, &c. If the owner of a thing 
was interrupted in his exclusive enjoyment of it by 
a person claiming or attempting to exercise a servitus 
in it, his claim or ground of action was negative, 
"jus 111 i non esse ire, agere," &c, whence the action 
was called negativa or negatoria in rem actio. 

The confessoria actio and the negativa, which 
was founded on a negative servitus, are discussed 
under Servitus. 

In the negatoria in rem, which must be dis- 
tinguished from the negative actio founded on a 
negative servitus, the plaintiff claimed restitution of 
the thing, as, for instance, when the defendant had 
usurped the usus frjctus ; or removal of the cause of 
complaint ; also damages for inj ury done, and security 
(cautio) against future acts of the like kind. (Gaius, 
iv. 3 ; Dig. 8. tit. 5 ; Brissonius, De Formulis ; 
Puchta, Cursus, ■jtc. vol. ii. pp. 563, 771.) [G. L.] 

CONFU'SIO properly signifies the mixing of 
liquids, or the fusing of metals into one mass. If 
things of the same or of different kind were con- 
fused, either by the consent of both owners or by 
accident, the compound was the property of both. 
If the confusio was caused by one, without the 
consent of the other, the compound was only joint 
property in case the things were of the same kind : 
but if the things were different, so that the com- 
pound was a new thing, this was a case of what, 
by modern writers, is called specification, which 
the Roman writers expressed by the term novam 
speciem facere, as if a man made mulsum out of 
his own wine and his neighbour's honey. In such 
a case the person who caused the confusio became 
the owner of the compound, but he was bound to 
make good to the other the value of his property. 

Commixtio is used by modern writers to signify 
the mixture of solid things which belonged to dif- 
ferent owners ; but Commixtio and Confusio are, 
used by the Roman writers to express the union 
of things either solid or fluid (Dig. 41. tit. 1. s. 7. 
§ 8 ; 6. tit. 1. s. 3. § 2. s. 5.). Still, Commixtio is 
most generally applied to mixture of solids. If 
the mixture takes place with mutual consent, the 
compound is common property ; if by chance, or 
by the act of one, each retains his former property, 
and may separate it from the mass. If separation 
is impossible, as if two heaps of corn are mixed, 
each owner is entitled to a part, according to the 
proportion of his separate property to the whole 
mass. It is a case of commixtio when a man's 
money is paid, without his knowledge and consent, 
and the money, when paid, is so mixed with other 
money of the receiver that it cannot be recognised; 
otherwise, it remains the property of the person to 
whom it belonged. (Dig. 46. tit. 3. s. 78.) 

Specification (which is not a Roman word) took 
place when a man made a new thing (nova species) 
either out of his own and his neighbour's material, 
or out of his neighbour's only. In the former case 
such man acquired the ownership of the thing. In 
the latter case, if the thing could be brought back 
to the rough material (which is obviously possible 
in very few cases), it still belonged to the original 
owner, but the specificator had a right to retain 
the thing till he was paid the value of his labour, 



if he had acted bona fide. If the new species 
could not be brought back to its original form, the 
specificator in all cases became the owner, if he 
designed to make the new thing for himself ; if he 
had acted bona fide he was liable to the owner of 
the stuff for its value only ; if mala fide, he was 
liable as a thief. The cases put by Gaius (ii. 29), 
are those of a man making wine of another man's 
grapes, oil of his olives, a ship or bench of hi3 
timber, and so on. Some jurists (Sabinus and 
Cassius) were of opinion that the ownership of 
the thing was not changed by such labour being 
bestowed on it ; the opposite school were of opi- 
nion that the new thing belonged to him who had 
bestowed his labour on it, but they admitted that 
the original owner had a legal remedy for the 
value of his property. 

Two things, the property of two persons, might 
become so united as not to be separable without 
injury to one or both ; in this case the owner of 
the principal thing became the owner of the acces- 
sory. Thus, in the case of a man building on an- 
other man's ground, the building belonged to the 
owner of the ground (superficies solo cedit) ; or in 
the case of a tree planted, or seed sown on another 
man's ground, the rule was the same, when the 
tree or seed had taken root. If a man wrote, even 
in letters of gold, on another man's parchment or 
paper, the whole belonged to the owner of the 
parchment or paper ; in the case of a picture 
painted on another man's canvass, the canvass be- 
came the property of the owner of the picture. 
(Gaius, ii. 73, &c.) If a piece of land was torn 
away by a stream (avulsio) from one man's land 
and attached to another's land, it became the pro- 
perty of the latter when it was firmly attached to 
it. This is a different case from that of Alluvio. 
But in all these cases the losing party was entitled 
to compensation, with some exceptions as to cases 
of mala fides. 

Confusio occurs in the case of rights also. If 
the right and the duty of an obligatio become 
united in one person, there is a confusio by which 
the obligatio is extinguished (Dig. 46. tit. 3. s. 75). 
If he who has pledged a thing becomes the heres 
of the pledgee, the rights and duties of two persons 
are united (confunduntur) in one. If a man who 
has a praedial servitus in another man's land, be- 
comes the owner of the servient land, the servitus 
ceases : servitutes praediorum confunduntur, si 
idem utriusque praedii dominus esse coeperit. 
(Dig. 8. tit. 6. s. 1.) 

The rules of Roman law on this subject are 
stated by Brinkman, Instit. Jur. Rom. § 398, &c. ; 
Mackeldey, Lehrbueh, &c. §§ 246, 251, &c. 12th 
ed. ; Inst. 2. tit. 1 ; Gains, ii. 70, Rosshirt, Grund- 
linien, &c. § 62. [G. L.] 

CONGIA'RIUM (soil, vas, from congius), a 
vessel containing a congius. [Congius.] 

In the early times of the Roman republic, the 
congius was the usual measure of oil or wine which 
was, on certain occasions, distributed among the 
people (Liv. xxv. 2) ; and thus congiarium, as 
Quintilian (vi. 3. § 52) says, became a name for 
liberal donations to the people, in general, whether 
consisting of oil, wine, corn, or money, or other 
things (Plin. H.N. xiv. 14, 17,xxxi. 7, 41 ; Suet, 
Aug. 41, Tib. 20, Ner. 7 ; Plin. Paneg. 25 ; Tacit 
Ann. xii. 41, xiii. 31 ; Liv. xxxvii. 57), whil^H 
donations made to the soldiers were called do?iativa^M 
though they were sometimes also termed congiaric^M 



CONSTITUTIONES. 



COXSUALIA. 



351 



(Cic. ad Att. xvi. 8 ; Curt. vi. 2). Congiarium 
was, moreover, occasionally used simply to desig- 
nate a present or a pension given by a person of high 
rank, or a prince, to his friends ; and Fabius Maxi- 
mus called the presents which Augustus made to 
bis friends, on account of their smallness, heminaria, 
instead of congiaria, because liemina was only the 
twelfth part of a congius. (QuintiL /. c; compare 
Cic. ad Fam. viii. 1 ; Seneca, Dc limit. Vit., De 
Ben. ii. 16 ; Suet. Vetp. 18, Caes. 27.) [L. S.] 

CO'NGIUS, a Roman liquid measure, which 
contained six sextarii (Rhem. Fann. v. 72), or the 
eighth part of the amphora, that is, not quite six 
pints. It was equal to the larger chous of the 
Greeks. [Choi's.] 

There is a congius in existence, called the con- 
gius of Vespasian, or the Famese congius, bearing 
an inscription, which states that it was made in 
the year 75 a. d., according to the standard mea- 
sure in the capitol, and that it contained, by 
weight, ten pounds. (Imp. Caes. vi T. Caes. Aug. 
F. iiii. Cos. Mensurae exactae in CapHoUo, P. x. ; 
Bee also Festus, s. v. PuUica Pondera.) This congius 
is one of the means by which the attempt has been 
made to fix the weight of the Roman pound. 
[Libra.] 

Cato tells us that he was wont to give each of 
his slaves a congius of wine at the Saturnalia and 
Compitalia. (De It. It. c. 57.) Pliny relates, among 
other examples of hard drinking (H.N. xiv. 22. 
s. 28), that Novellius Torqaatus Mcdiolanensis ob- 
tained a cognomen (tricongius, a ninc-bottle-man) 
by drinking three congii of wine at once. 

A congius is represented in Fabretti (Inscript. 
p. 536). [P.S.] 

CONNU'BIUM. [Matrimonr'm.] 

CONOPE'UM (Kuywirfwy), a gnat or mus- 
quito-curtain, L e. a covering made to be expanded 
over beds and couches to keep away gnats and 
other flying insects, so called from itwvtiity, a gnat. 

The gnat-curtains mentioned by Horace (E]xjd. 
ix. 16) were probably of linen, but of the texture 
of gauze. The use of them is still common in 
Italy, Greece, and other countries surrounding the 
Mediterranean. Conopeum is the origin of the 
English word canopy. (See Judith, x. 21, xiii. 9, 
xvi. 19; Juv. vi. 80 ; Varr. De lie Itust. ii. 10. 
§ ».) [J- V.] 

CONQUISITO'RES, persons employed to go 
about the country and impress soldiers, when there 
was a difficulty in completing a levy. (Liv. rxL 
II ; Cic. pro Mil. 25 ; Hirt, //. Ale's. 2.) Some- 
times commissioners were appointed by a decree of 
the senate for the purpose of making a conquisitio. 
(Liv. xxt. 5.) [R. W.J 

CONSANGUI'NEI. [Coonati.] 

CONSCRIPT!. [Sknatcs.| 

CONSECRA'TIO. [Apotheosis; In.w - 

Ot'KATIO. ] 

CONSENSUS. [Obuoationes.] 
(ONSILIA'RII. [C0NVKNTU8.J 
CONSI'I.IUM. [Conventus.] 
CON8TITUTA PECU'NIA. [Petl-nia.] 
CONSTITUTIO'NES. " Constitutio princi- 
pis," says Gaius (i. 5), " is that which the ini- 
perator has constituted by d cere turn, edictum, or 
epistola ; nor has it ever been doubted that such 
constitutio has the force of law, inasmuch ns by 
law the imperator receives the imperiuni." Hence 
•uch laws were often called principalcs constitu- 
tiones. The word constitutio is used in the Digest 



(4. tit. 2. s. 9. § 3) to signify an interlocutory of 
the praetor. 

An imperial constitutio in its widest sense might 
mean everything by which the head of the state 
declared his pleasure, either in a matter of legis- 
lation, administration, or jurisdiction. A decretum 
was a judgment in a matter in dispute between 
two parties which came before him, either in the 
way of appeal or in the first instance. Edicta, so 
called from their analogy to the old edict (Gaius, 
i. 93), edictales leges, generales leges, leges per- 
petuae, &c were laws binding on all the emperor's 
subjects. Under the general head of rescripta 
(Gaius, i. 72, 73, &c.) were contained epistolae, 
subscriptiones, and annotationes (Gaius, i. 94, 96, 
104), which were the answers of the emperor to 
those who consulted him either as public function- 
aries or individuals. (Plin. Ep. x. 2.) The epis- 
tola, as the name implies, was in the form of a 
letter : subscriptiones and anr. tationes were short 
answers to questions propounded to the emperor, 
and written at the foot or marj .n of the paper 
which contained the questions. In the time of 
Tiberius, the word rescriptum ha„ hardly obtained 
the legal signification of the time of Gaius. (Tacit. 
Ann. vi. 9.) It is evident that decreta and re- 
scripta could not from their nature have the force 
of leges generales, but inasmuch as these determi- 
nations in particular cases might be of general 
application, they might gradually obtain the force 
of law. 

Under the early emperors, at least in the time 
of Augustus, many leges were enacted, and in his 
time, and that of his successors, to about the time 
of Hadrian, we find mention of numerous senatus- 
consulta. In fact the emperor, in whom the su- 
preme power was vested from the time of Augustus, 
exercised his power through the medium of a 
scnatus-consultum, which he introduced by an 
oratio or libellus, and the senatus-consultum was 
said to be made " imperatorc auctore." Probably, 
about the time of Hadrian, senatus-consulta became 
less common, and finally imperial constitutiones 
became the common form in which a law was 
made. 

At a later period, in the Institutes, it is de- 
clared that whatever the imperator determined 
(conslituit) by epistola, or decided judicially (coi;- 
noscens decrevit), or declared by edict, was law ; 
with this limitation, that those constitutions were 
not laws which in their nature were limited to 
special cases. 

Under the general head of constitutiones wo 
also read of mandata, or instructions by the Caesar 
to his officers. 

Many of these constitutions arc preferred in 
their original form in the extant codes. | Codex 
TllKOIIOMAN'S, tic] [G. L.] 

CONST A' LI A, a festival, with games, cele- 
brated by the Koinnns, according to Festus, Ovid 
(Fast. iii. 199), and others, in honour of Consus, 
the god of secret deliberations, or, according to Livy 
(i. 9), of Neptunus Equcstris. Plutarch (Quaeit. 
Horn. 45), Dionysiim of HalicaninsMis (ii. 31), 
and the Pscudo Asronius, however (<id fit: in I'rrr. 
p. 142. ed. Orelli), say that Neptunus Equentris and 
Consus were only different names for one and the 
same deity. It was solemnised every year in tho 
circus, by the symbolical ceremony of uncovering 
an altar dedicated to the gnd, which was buried in 
the earth. For Romulus, who was considered ns 



352 



CONSUL. 



CONSUL. 



the founder of the festival, was said to have dis- 
covered an altar in the earth on that spot. (Com- 
pare Niebuhr, Hist. Rom. vol. i. notes 629 and 
630.) The solemnity took place on the 21st of 
August with horse and chariot races, and libations 
were poured into the flames which consumed the 
sacrifices. During these festive games, horses and 
mules were not allowed to do any work, and were 
adorned with garlands of flowers. It was at their 
first celebration that, according to the ancient 
legend, the Sabine maidens were carried off. 
(Varro, De Ling. Lat. vi. 20 ; Dionys. i. 2 ; Cic. 
De Rep. ii. 7.) Virgil (Aen. viii. 636), in speaking 
of the rape of the Sabines, describes it as having 
occurred during the celebration of the Circensian 
games, which can only be accounted for by sup- 
posing that the great Circensian games, in subse- 
quent times, superseded the ancient Consualia ; and 
that thus the poet substituted games of his own 
time for ancient ones — a favourite practice with 
Virgil ; or that he only meant to say the rape took 
place at the well-known festival in the circus (the 
Consualia), without thinking of the ludi Circenses, 
properly so called. [L. S.] 

CONSUL (viraros), the highest republican 
magistrate at Rome. The name is probably com- 
posed of con and sid which contains the same root 
as salio ; so that consuhs are those who " go to- 
gether," just as exul is " one who goes out," and 
praesul, is " one who goes before." 

There was a tradition that King Servius, after 
regulating the constitution of the state, intended to 
abolish the kingly power, and substitute for it the 
annual magistracy of the consulship ; and what- 
ever we may think of the tradition, the person who 
devised it must have had a deep insight into the 
nature of the Roman state and its institutions ; and 
the fact that on the abolition of royalty, it was in- 
stituted forthwith, seems, at any rate, to show that 
it had been thought of before. Thus much is also 
certain, that the consulship was not a Latin institu- 
tion, for in Latium the kingly power was succeeded 
by the dictatorship, a magistracy invested with the 
same power as that of a king, except that it lasted 
only for a time. 

The consulship which was established as a re- 
publican magistracy at Rome immediately after 
the abolition of royalty, showed its republican 
character in the circumstance that its power was 
divided between two individuals (imperium duplex), 
and that it was only of one year's duration (annuum). 
This principle was, on the whole, observed through- 
out the republican period ; and the only exceptions 
are, that sometimes a dictator was appointed in- 
stead of two consuls, and that, in a few instances, 
when one of the consuls had died, the other re- 
mained in office alone, either because the remaining 
portion of the year was too short, or from religious 
scruples (Dionys. v. 57 ; Dion Cass. xxxv. 4), for 
otherwise the rule was, that if either of the con- 
suls died in the year of his office, or abdicated be- 
fore its expiration, the other was obliged to con- 
vene the comitia for the purpose of electing a suc- 
cessor (subrogate or sufficere collegam.) It is only 
during the disturbances in the last century of the 
republic, that a Cinna maintained himself as sole 
consul for nearly a whole year (Appian, De Bell. 
Civ. i. 78 ; Veil. Pat. ii. 24 ; Liv. Epit. 83) ; and 
that Pompey was appointed sole consul, in order 
to prevent his becoming dictator. (Ascon. ad 
Cic. p Mil. p. 37 ; Liv. Epit. 107 ; Appian, De 



Bell. Civ. ii. 23, 25.) Nay, in those troubled 
times, it even came to pass that Cinna and Marius, 
without any election at all, usurped the power of 
the consulship. 

In the earliest times, the title of the chief magis- 
trates was not consules but praetores ; characterising 
them as the commanders of the armies of the re- 
public, or as the officers who stand at the head of 
the state. Traces of this title occur in ancient 
legal and ecclesiastical documents (Liv. vii. 3 ; 
Plin. H. N. viii. 3 ; Fest. p. 161), and also in the 
names praetorium (the consul's tent), and porta 
praetoria in the Roman camp. (Paul. Diac. p. 123 ; 
Pseudo- Ascon. ad Cic. in Verr. i. 14.) Some- 
times also they are designated by the title judices, 
though it perhaps never was their official title, but 
was given them only in their capacity of judges. 
(Varro, De L. L. vi. 9 ; Liv. iii. 55.) The name 
consules was introduced for the highest magistrates 
in B. c. 305 (Zonar. vii. 19), and henceforth re- 
mained the established title until the final over- 
throw of the Roman empire. Upon the establish- 
ment of the republic, after the banishment of Tar- 
quin, all the powers which had belonged to the 
king, were transferred to the consuls, except that 
which had constituted the king high priest of the 
state ; for this was kept distinct and transferred to 
a priestly dignitary, called the rex sacrorum, or rex 
sacrificulus. 

As regards the election of the consuls, it inva- 
riably took place in the comitia eenturiata, under 
the presidency of a consul or a dictator ; and in 
their absence, by an interrex. The consuls thus 
elected at the beginning of a year, were styled 
consules ordinarii, to distinguish them from the 
suffecti, or such as were elected in the place of 
those who had died or abdicated, though the privi- 
leges and powers of the latter were in no way in- 
ferior to those of the former. (Liv. xxiv. 7, &c. ; 
comp. xli. 18.) At the time when the consulship 
was superseded by the institution of the tribuni 
militarcs consulari potestate, the latter, of course, 
presided at elections, as the consuls did before and 
after, and must in general be regarded as the repre- 
sentatives of the consuls in every respect. It was, 
however, a rule that the magistrate presiding at an 
election should not be elected himself, though a 
few exceptions to this rule are recorded. (Liv. iii. 
35, vii. 24, xxiv. 9, xxvii. 6.) The day of the 
election which was made known by an edict, three 
nundines beforehand (Liv. iii. 35, iv. 6, xlii. 28), 
naturally depended upon the day on which the 
magistrates entered upon their office. The latter, 
however, was not the same at all times, but was 
often changed. In general it was observed as a 
rule, that the magistrates should enter upon their 
office on the kalendae or idus, unless particular 
circumstances rendered it impossible ; but the 
months themselves varied at different times, and 
there are no less than eight or nine months in 
which the consuls are known to have entered upon 
their functions, and in many of these cases we 
know the reasons for which the change was made. 
The real cause appears to have been that the con- 
suls, like other magistrates, were elected for a whole 
year ; and if before the close of that year the magis- 
tracy became vacant either by death or abdication, 
their successors, of course, undertook their office on 
an irregi'iar day, which then remained the dies so- 
lennis, until another event of a similar kind rendered 
another change necessary. The first consuls, aa 



CONSUL. 

far as we know, entered upon their office on the 
ides of September. (Dionys. v. 1 ; Liv. vii. 3.) 
The first change seems to have been brought about 
by the secession of the plebs, B. c. 493, when the 
consuls entered on the kalends of September. 
(Dionys. vL 49.) In B. c. 479, the day was thrown 
a whole month backward ; for of the consuls of the 
preceding year one had fallen in battle, and the 
other abdicated two months before the end of his 
year ; hence the new consuls entered on the 
kalends of Scxtilis. (Dionys. ix. 13 ; Liv. iii. 6.) 
This day remained until B. c. 451, when the con- 
suls abdicated to make room for the decemvirs, 
who entered upon their office on the ides of May. 
The same day remained for the two following years 
(Dionys. x. 5G ; Zonar. vii. 18 ; Fast. Cap.) ; but 
when the decemvirate was abolished, another day 
must have become the dies solennis, but which it 
was is unknown, until in B. c. 443, we find that it 
was the ides of December. (Dionys. xi. 63.) This 
change had been occasioned by the tribuni militares 
who had been elected the year before, and had been 
compelled to abdicate. (Liv. iv. 7 ; Dionys. xi. 62.) 



CONSUL. 



353 



Henceforth the ides of December remained for a 
long time the dies solennis. (Liv. iv. 37, v. 9, 11.) 
In B.C. 401, the military tribunes, in consequence 
of the defeat at Veil, abdicated, and their successors 
entered upon their office on the kalends of October. 
In B. c. 391, the consuls entered upon their office 
on the kalends of Quintilis. (Liv. v. 32 ; comp. 31, 
vii. 25, viiL 20.) From this time no further change 
is mentioned, though several events are recorded 
which must have been accompanied by an alter- 
ation of the dies solennis, until in B.C. 217, we 
learn that the consuls entered upon their office 
on the ides of March, which custom remained un- 
altered for many years (Liv. xxii. 1, xxiii. 30, 
xxvi. 1, 26, xliv. 19), until in B. c. 154 it was de- 
creed that in future the magistrates should enter 
upon their office on the 1st of January, a regulation 
which began to be observed the year after, and 
remained in force down to the end of the republic. 
(Liv. Epit. 47 ; Fast. Praenest.) The changes in 
the time at which the consuls entered upon their 
office at different times, may therefore be given in 
the following tabular view : — 



From b. c. 509 to 493 on the Ides of September. 

— — 493 — 479 — Kalends of September. 

— — 479 — 451 — Kalends of Sextilis. 

— — 451—449 — IdesofMav. 

— — 449 — 443 or 400 Ides of December. 

— — 400 — probably till 397, Kalends of October. 

— — 397 — 329 (perhaps 327), Kalends of Quintilis. 

— — 327 — 223 unknown. 

_ _ 223 — 153 Ides of March. 

— — 153 — till the end, the Kalends of January. 



The day on which the consuls entered on their 
office determined the day of the election, though 
there was no fixed rule, and in the earliest times 
the elections probably took place very shortly be- 
fore the close of the official year, and the same was 
occasionally the case during the latter period of the 
republic. (Liv. xxxviii. 42, xlii. 28, xliii. 11.) 
But when the first of January- was fixed upon as 
the day for entering upon the office, the consulai 
comitia were usually held in July or even earlier, 
at least before the Kalends of Sextilis. (Cic ad 
Att. i. 16 ; ad Fain. viii. 4.) Hut even during that 
period the day of election depended in a great 
measure upon the discretion of the senate and con- 
suls, who often delayed it, (Cic. ad Att. ii. 20, iv. 
16, ]i. Isij. Man. 1.) 

Down to the year B. c. 3G6, the consulship was 
accessible to none but patricians, but in that year 
L. Sextiu.i was the first plebeian consul in conse- 
quence of the law of C. Licinius. (Liv. vi. 42, 
vii. 1.) The patricians however, notwithstanding 
the law, repeatedly contrived to keep the plebeians 
out (Liv. viL 17, 18, 19, 22, 24, 28), until in 
B. c. 342 the insurrection of the army of Capua 
was followed, among other important consequences, 
by the firm establishment of the plebeian consul- 
ship ; and it is even said that at that time a plc- 
biscitum was passed, enacting that both consuls 
might be plebeians. (Liv. vii. 42.) Attempts on 
the jxirt of the patricians to exclude the plebeians, 
occur as late as the year B.C. 297 (Liv. x. 15 ; 
Cic. Ural. 14) but they did not succeed, and it 
remained a principle of the Roman constitution 
that both consuls should nut be patricians. (Liv. 
xxvii. 34, xxxix. 42.) The candidal'-* usually wen- 
divided into two sets, the one desirous to obtain 



place in the consulship (in unum locum petebant, 
Liv. xxxv. 10). But as in the course of time the 
patricians were thrown into the shade by the rising 
power of the nMles, it came to pass that both con- 
suls were plebeians. In B.C. 215, the augurs in- 
deed opposed the election of two plebeians (Liv. 
xxiii. 31) ; but not long after, in B.C. 172, the fact 
of both consuls being plebeians actually occurred, 
and after this it was often repeated, the ancient 
distinction between patricians and plebeians falling 
completely into oblivion. 

The consulship was throughout the republic 
regarded as the highest office and the greatest 
honour that could be conferred upon a man (Cic. 
p. Plane. 25 ; Paul. Diac. p. 1 36 ; Dionys. iv. 76), 
for thedictatorship, though it had a mnjus i'»//* riiim, 
was not a regular magistracy ; and the censorship, 
though conferred only upon consulars, was yet far 
inferior to the consulship in power and influence. 
It was not till the end of the republic, and especially 
in the time of J. Caesar, that the consulship lost its 
former dignity ; for in order to honour his friends, 
he caused them to be elected, sometimes for a few 
months,andsometimesevenforafew hours. (Sueton. 
Gtut. 76, 80, Nero, 15 ; Dion Cass, xliii. 46 ; 
Mncrob. Sat. ii. 3.) 

The power of the consuls was at first equal to 
that of the kings into whose place they stepped, with 
the exception of the priestly [Miwer of the rex sacro- 
mm, which was detached from it. Kven after the 
Valerian laws and the institution of the tribuneship, 
the consuls who alone were invested with the 
executive, retained tin' most extensive powers in all 
de|wrtmenLs oi tie government. Hut in tin- gradual 
development of the constitution, some important 
functions were detached from the consulship and 



the pattidllll, and the other to obtain the plebeian assigned to new officers. This was the case first 



354 



CONSUL. 



CONSUL. 



with the census, in B. c. 443, an office which at 
first was confined to holding the census and regis- 
tering the citizens according to their different 
classes, hut afterwards acquired very extensive 
powers. [Censor.] The second function that was 
in this manner taken from the consuls, was their 
judicial power, which was transferred in B. c. 366, 
to a distinct magistracy under the title of the 
praetorship [Praetor] ; and henceforth the con- 
suls appeared as judges only in extraordinary cases 
of a criminal nature, when they were called upon 
by a senatus consultum. (Cic. Brut. 32 ; Liv. 
xxxix. 17, &c, xli. 9.) But, notwithstanding these 
curtailings, the consulship still continued to be re- 
garded as the representative of regal power. (Polyb. 
vi. 1 1 ; Cic. De Leg. iii. 3.) 

In regard to the nature of the power of the con- 
suls, we must in the outset divide it into two 
parts, inasmuch as they were the highest civil 
authority, and at the same time the supreme com- 
manders of the armies. So long as they were in 
the city of Rome, they were at the head of the 
government and the administration, and all the 
other magistrates, with the exception of the tribunes 
of the people, were subordinate to them. They 
convened the senate, and as presidents conducted 
the business ; they had to carry into effect the de- 
crees of the senate, and sometimes on urgent emer- 
gencies they might even act on their own authority 
and responsibility. They were the medium through 
which foreign affairs were brought before the senate ; 
all despatches and reports were placed in their 
hands, before they were laid before the senate ; by 
them foreign ambassadors were introduced into the 
senate, and they alone carried on the negotiations 
between the senate and foreign states. They also 
convened the assembly of the people and presided 
in it ; and thus conducted the elections, put legis- 
lative measures to the vote, and had to carry the 
decrees of the people into effect. (Polyb. vi. 12 ; 
Comitia ; Senatus.) The whole of the internal 
machinery of the republic was, in fact, under 
their superintendence, and in order to give weight 
to their executive power, they had the right of 
summoning and arresting the obstreperous (vocatio 
and prensio, Cic. in Vat. 9, p. Dom. 41), which 
was limited only by the right of appeal from their 
judgment {provocatio) ; and their right of inflicting 
punishment might be exercised even against in- 
ferior magistrates. 

The outward signs of their power, and at the 
same time the means by which they exercised 
it, were twelve lictors with the fasces, without 
whom the consul never appeared in public (Liv. 
xxv. 17, xxvii. 27 ; Val. Max. i. 1. § 9 ; comp. 
Liv. vi. 34, xxxix. 12), and who preceded him in 
a line one behind another. (Liv. xxiv. 44 ; Val. 
Max. ii. 2. § 4.) In the city, however, the axes 
did not appear in the fasces ; a regulation said 
to have been introduced by Valerius Publicola 
(Dionys. v. 2, 19, 75, x. 59), and which is in- 
timately connected with the right of appeal from 
a consul's sentence, whence it did not apply to 
the dictator nor to the decemvirs. Now as the 
provocatio could take place only within the city 
and a thousand paces in circumference, it must be 
supposed that the axes did not appear in the fasces 
within the same limits, an opinion which is not 
contradicted by the fact that the consuls on return- 
ing from war appeared with the axes in their fasces 
in the Campus Martins, at the very gates of Rome ; 



for they had the imperium militare, which ceased 
as soon as they had entered the city. 

But the powers of the consuls were far more 
extensive in their capacity of supreme commanders 
of the armies, when they were without the pre- 
cincts of the city, and were invested with the full 
imperium. When the levying of an army was 
decreed by the senate, the consuls conducted the 
levy, and, at first, had the appointment of all the 
subordinate officers — a right which subsequently 
they shared with the people ; and the soldiers had 
to take their oath of allegiance to the consuls. 
They also determined the contingent to be fur- 
nished by the allies ; and in the province assigned 
to them they had the unlimited administration, 
not only of all military affairs, but of every thing 
else, even over life and death, excepting only 
the conclusion of peace and treaties. (Polyb. vi. 
12; compare Exercitus.) The treasury was, 
indeed, under the control of the senate ; but in 
regard to the expenses for war, the consuls do not 
appear to have been bound down to the sums 
granted by that body, but to have availed them- 
selves of the public money as circumstances re- 
quired ; the quaestors, however, kept a strict ac- 
count of the expenditure (Polyb. vi. 12, 13, 15 ; 
Liv. xliv. 1 6). But when in times of need money 
was to be taken from the aerarium sanctius, of 
which the keys seem to have been in the exclusive 
possession of the consuls, they had to be authorised 
by a senatus consultum. (Liv. xxvii. 10.) In the 
early times, the consuls had the power to dispose 
of the booty in any way they pleased ; sometimes 
they distributed the whole or a part of it among 
the soldiers, and sometimes they sold it, and de- 
posited the produce in the public treasury, which 
in later times became the usual practice. 

Abuse of the consular power was prevented, 
first of all, by each of the consuls being dependent 
on his colleague who was invested with equal 
rights ; for, if we except the provinces abroad 
where each was permitted to act with unlimited 
power, the two consuls could do nothing unless 
both were unanimous (Dionys. x. 17 ; Appian, De 
Bell. Civ. ii. 11), and against the sentence of one 
consul an appeal might be brought before his col- 
league ; nay, one consul might of his own accord 
put his veto on the proceedings of the other. (Liv. 
ii. 18, 27, iii. 34 ; Dionys. v. 9 ; Cic. De Leg. iii. 
4.) But in order to avoid every unnecessary dis- 
pute or rivalry, arrangements had been made from 
the first, that the real functions of the office should 
be performed only by one of them every alternate 
month (Dionys. ix. 43) ; and the one who was in 
the actual exercise of the consular power for the 
month, was preceded by the twelve lictors, whence 
he is commonly described by the words penes quern 
fasces erant. (Liv. viii. 12, ix. 8.) In the early 
times, his colleague was then not accompanied by 
the lictors at all, or he was preceded by an accensus, 
and the lictors followed after him. (Cic. De Re 
Publ. ii. 31 ; Liv. ii. 1, iii. 33 ; comp. Dionys. v. 
2, x. 24.) As regards the later times, it is certain 
that the consul, when he did not perform the 
functions of the office, was followed by the twelve 
lictors (Suet. Caes. 20) ; when this custom arose is 
uncertain, and we only know that, in the time of 
Polybius, the dictator had twenty-four lictors. It 
is commonly believed, that the consul who for the 
month being performed the functions of the office, 
■ was designated as the consul major ; but the. an- 



CONSUL. 

cients themselves were doubtful as to whether the 
term applied to the one who h id the fasces, or to 
the one who had been elected first (Fest. p. 161) ; 
and there seems to be good reason for believing 
that the word major had reference only to the age 
of the consul, so that the elder of the two was 
called consul major. (Liv. xxxvii. 47 ; Cic. De 
Re PM. ii. 31 ; Val. Max. iv. 1. § 1 ; Plut 
PM. 12 ; Dionys. vi. 57.) Owing to the respect 
paid to the elder, he presided at the meeting of 
the senate which was held immediately after the 
election. (Liv. ix. 8 ; Gellius, ii. 15.) Another 
point which acted as a check upon the exercise of 
the consular power, was the certainty that after 
the expiration of their office they might be called 
to account for the manner in which they had con- 
ducted themselves in their official capacity. Many 
cases are on record, in which after their abdication 
they were accused and condemned not only for il- 
legal or unconstitutional acts, but also for misfortunes 
in war, which were ascribed either to their care- 
lessness or want of ability. (Liv. ii. 41, 52, 54,61, 
iii. 31, xxiL 40. 49, xxvi. 2, 3, xxvii. 34 ; Cic. 
De Nat. Deor. ii. 3 ; Val. Max. viiL 1. § 4.) The 
ever increasing arrogance and power of the tribunes 
did not stop here, and we not (infrequently find 
that consuls, even during the time of their office, 
were not only threatened with punishment and 
imprisonment, but were actually subjected to 
them. (Liv. iv. 26, v. 9, xlii. 21, EpiL 40, 55 ; 
Cic. De fag. iii. 9, in Vat. 9 ; Val. Max. ix. 5. § 2 ; 
Dion Cass, xxxvii. 50, xxxviii. 6, xxxix. 39.) 
Sometimes the people themselves opposed the 
consuls in the exercise of their power. (Liv. ii. 55, 
59.) Lastly, the consuls were dependent upon the 
senate. [Senatus.] There occurred, however, 
times when the power of the consuls thus limited 
by republican institutions was thought inadequate 
to save the republic from perils into which she 
was thrown by circumstances ; and on such occa- 
sions a senatus consultum viderent or Jarent f/jjeram 
cimstdes, ne quid respuljlica detrimenli etipcrrt, con- 
ferred upon them full dictatorial power not re- 
strained cither by the senate, the people, or the 
tribunes. In the early times, such senatus con- 
sults are rarely mentioned, as it was customary to 
appoint a dictator on such emergencies ; but when 
the dictatorship had fallen into disuse, the senate 
by the above mentioned formula invested the 
consuls, for the time, with dictatorial power. 
[Dictator.] 

On entering upon their office, the consuls, and 
afterwards the praetors also, agreed among one 
another as to the business which each had to look 
after, so that every one had his distinct sphere of 
action, which was termed his provincia. The or- 
dinary way in which the provinces were assigned 
to each, was by lot (snrtiri provincial), unless the 
colleagues agreed among themselves, without any 
such means of decision (rumjuirnri- mt'-r .«/• prnrin- 
dot, Liv. xxiv. 10, xxx. 1, xxxii. 8 ; Cic ad Fam. 
i. 9). The decision by lot was resorted to for no 
other reason than because the two consuls had 
equal rights, and not, as some believe, because it 
was thereby intended to leave the decision to the 
gods. If it was thought that one of tho consuls 
was eminently qualified for a particular province, 
either on account of his experience or personal 
character, it frequently happened, that a commis- 
sion was given t" him • rim surti m cir< i7r.; nrdiunn, 
i. e. by the senate and without any drawing of 



CONSUL. 355 
lots. (Liv. iii. 2, viii. 16, xxxvii. 1 ; Cic. ad At/, i. 
19 ; comp. Liv. xxxv. 20, xli. 8 .) In the earliest 
times, it seems to have been the custom for only 
one of the consuls to march out at the head of the 
army, and for the other to remain at Rome for 
the protection of the city, and to carry on the ad- 
ministration of the civic affairs, unless, indeed, 
wars were carried on in two different quarters 
which rendered it necessary for both consuls to 
take the field. (Dionys. vi 24, 91 ; comp. Liv. 
iii- 4, 22, vii. 38.) Nay, we find that even when 
Rome had to contend with one formidable enemy, 
the two consuls marched out together (Liv. ii. 44, 
iii. 8, 66, viii. 6, <5cc.) ; but the forces were equally 
divided between them, in such a manner that each 
had the command of two legions, and had the 
supreme command on even" alternate day. (Polyh. 
iii- 107, 110, vi. 26 ; Liv. iv. 46, rrii 27, 41, 
xxviii. 9 ; comp. iii. 70.) 

When the Roman dominion extended beyond 
the natural boundaries of Italy, the two consuls 
were not enough to undertake the administration 
of the provinces, and praetors were appointed to 
undertake the command in some, while the more 
important ones were reserved for the consuls. 
Hence a distinction was made between provimiuc 
consulares and j/raetoriae. (Liv. xli. 8.) [Pro- 
vixciA.] It remained with the senate to deter- 
mine into which provinces consuls were to be sent, 
and into which praetors, and this was done either 
before the magistrates actually entered upon their 
office(Liv. xxi. 17), or after it, and on the proposal 
of the consuls. (Liv. xxv. 1, xxvi. 28, xxvii. 7, &c.) 
Upon this, the magistrates either agreed among 
themselves as to which province each was to 
undertake, or they drew lots, first, of course, the 
consuls, and after them the praetors. One of the 
laws of C. Gracchus, however, introduced the re- 
gulation, that every year the senate, previous to 
the consular elections, should determine upon the 
two consular provinces, in order to avoid partiality, 
it being yet unknown who were to be the consuls. 
It had been customary from the earliest times for 
the consuls to enter their province in the year of 
their consulship, either at the very beginning or 
afterwards ; but in the latter period of the republic, 
the ordinary practice of the consuls was to remain 
at Kome during the year of their office, and to go 
into their province in the year following as pro- 
consuls, until at length in u.c. 53, a senatus con- 
sultum, and the year after a law of Pompey 
enacted that a consul or praetor should not go into 
any province till five years after the expiration of 
their office. (Dion Cass. xl. 46, 56.) When a 
consul was once in his province, his imperial!! was 
limited to it, and to exercise the same in any other 
province was, at all times, considered illegal! (Liv. 
x. 37, xxix. 19, xxxi. 48, xliii. 1.) In some few 
cases, this rule was overlooked for the good of the 
republic (Liv. xxvii. 43, xxix. 7.) On the other 
hand, a consul was not allowed to quit his pro- 
vince before he hnd accomplished the purpose for 
which he had been sent into il, or before the arrival 
of his successor, 1 1 1 1 1 < - - .- 1, inrhrcl. In- obtained the 
special permission of the senate. (Liv. xxxvii. 47.) 
Other functions also were sometimes divided be- 
tween the consuls by lot, if they could not agree, 
fur example, which of them wan to preside at the 
consular elections or those of the censors (Liv. 
xxiv. 10, xxxv. ii, 20, xxxix. 32, xli. 6), which of 
them was to dedicate a temple (Liv. ii. 8, '.'7), or 



356 



CONSUL. 



CONSUL. 



nominate a dictator. (Liv. iv. 26.) So long as the 
consuls had to hold the census, they, undoubtedly, 
drew lots, which of them conderet lustrum, and 
even when they went out on a common expedition, 
they seem to have determined by lot in what di- 
rection each should exert his activity. (Liv. xli. 
18.) 

The entering of a consul upon his office was 
connected with great solemnities : before daybreak 
each consulted the auspices for himself, which in 
the early times was, undoubtedly, a matter of 
great importance, though, at a later period, we 
know it to have been a mere formality. (Dionys. 
ii. 4, 6.) It must, however, be observed, that 
whatever the nature of the auspices were, the 
entering upon the office was never either rendered 
impossible or delayed thereby, whence we must 
suppose that the object merely was to obtain fa- 
vourable signs from the gods, and as it were to 
place under the protection of the gods the office 
on which the magistrate entered. After the 
auspices were consulted, the consul returned home, 
put on the toga praetexta (Liv. xxi. 63 ; Ov. ex 
Pont. iv. 4. 25, Fast. i. 81), and received the 
salutatio of his friends and the senators. (Dion 
Cass, lviii, 5 ; Ov. ex Pont. iv. 4. 27, &c.) Ac- 
companied by these and a host of curious spectators, 
the consul clad in his official robes, proceeded to 
the temple of Jupiter in the Capitol, where a solemn 
sacrifice of white bulls was offered to the god. 
It seems that in this procession, the sella curulis, 
as an emblem of his office, was carried before the 
consul. (Ov. I.e. iv. 4. 29, &c, 9, 17, &c. ; Liv. 
xxi. 63 ; Cic. De Leg. Agr. ii. 34.) After this, a 
meeting of the senate took place, at which the 
elder of the two consuls made his report concern- 
ing the republic, beginning with matters referring 
to religion, and then passing on to other affairs 
(referre ad senatum de rebus divinis et humanis, 
Liv. vi. 1, ix. 8, xxxvii. 1 ; Cic. ad Quir. post Red. 
5.) One of the first among the religious tilings 
which the consuls had to attend to, was the fixing 
of the feriae Latinae, and it was not till they had 
performed the solemn sacrifice on the Alban 
mount, that they could go into their provinces. 
(Liv. xxi. 63, xxii. 1, xxv. 12, xlii. 10.) The 
other affairs upon which the consuls had to report 
to the senate had reference to the distribution of 
the provinces, and many other matters connected 
with the administration, which often were of the 
highest importance. After these reports, the 
meeting of the senate broke up, and the members 
accompanied the consuls to their homes (Ov. ex 
Pont. iv. 4. 41), and this being done, the consuls 
were installed in their office, in which they had to 
exert themselves for the good of their country. 

Respecting the various offices which at different 
times were temporary substitutes for the consul- 
ship, such as the dictatorship, the decemvirate, 
and the office of the tribum militares consulari 
potestate, the reader is referred to the separate 
articles. Towards the end of the republic, the 
consulship lost its power and importance. Caesar, 
in his dictatorship, gave it the first severe blow, 
for he himself took the office of consul along with 
that of dictator, or he arbitrarily caused persons to 
be elected, who in their actions were entirely de- 
pendent upon his will. He himself was elected at 
first for five years, then for ten, and at length for 
life. (Sueton. Caes. 76, 80 ; Dion Cass. xlii. 20, 
xliii. 1, 46, 49 ; Appian, De Bell. Civ. ii. ] 06.) 



In the reign of Augustus, the consular power was 
a mere shadow of what it had been before, and 
the consuls who were elected, did not retain their 
office for a full year, but had usually to abdi- 
cate after a few months. (Dion Cass, xlviii. 35, 
xliii. 46 ; Lucan, v. 399.) These irregularities 
increased to such an extent, that in the reign of 
Commodus there were no less than twenty-five 
consuls in one year. (Lamprid. Commod. 6 ; Dion 
Cass. Ixxii. 12.) In the republican time, the year 
had received its name from the consuls, and in all 
public documents their names were entered to mark 
the year ; but from the time that there were more 
than two in one year, only those that entered upon 
their office at the beginning of the year were re- 
garded as consules ordinarii, and gave their names 
to the year, though the suffecti were likewise 
entered in the Fasti. (Sueton. Domit. 2, Galb. 6, 
Vitell. 2 ; Senec. De Tra. iii. 31 ; Plm.Panegr. 38 ; 
Lamprid. Al. Sev. 28.) The consules ordinarii 
ranked higher than those who were elected after- 
wards. The election from the time of Tiberius was 
in the hands of the senate, who, of course, elected 
only those that were recommended by the em- 
peror ; those who were elected were then announced 
(renuntiare) to the people assembled in what was 
called comitia. (Dion Cass, lviii. 20 ; Plin. Paneg. 
77 ; Tac. Ann. iv. 68.) In the last centuries of 
the empire, it was customary to create honorary 
consuls (consules honorarii) who were chosen 
by the senate and sanctioned by the emperor 
(Cassiod. i. 10 ; Justin. Nov. hoc. 80. c. 1), and 
consules suffecti were then scarcely heard of at all, 
for Constantine restored the old custom of appoint- 
ing only two consuls, one for Constantinople, and 
the other for Rome, who were to act as supreme 
judges (under the emperor) for a whole year, and 
besides these two there were no others except 
honorary consuls and consulares. Although the 
dignity of these honorary consuls as well as of the 
consules ordinarii and suffecti was merely nominal, 
still it was regarded as the highest in the empire, 
and was sought after by noble and wealthy persons 
with the greatest eagerness, notwithstanding the 
great expenses connected with the office on ac- 
count of the public entertainments which a newly 
appointed consul had to give to his friends and the 
people. (Lydus, De Magistr. ii. 8 ; Liban. Orat. 
8 ; Symmach. ii. 64, iv. 8, x. 44 ; Sidon. Apollin. 
Epist. ii. 3 ; Cassiod. ii. 2, vi. 1 ; Procop. De Bell. 
Pers. i. 25.) Sometimes the emperors themselves 
assumed the consulship or conferred it upon im- 
perial princes. The last consul of Rome was Deci- 
mus Theodoras Paulinus, A. D. 536, and at Con- 
stantinople Flavius Basilius Junior, in A. D. 541. 
After that time, the emperors of the East took the 
title of consul for themselves, until in the end it 
fell quite into oblivion. 

The official functions of the consuls under the 
empire were as follows : — 1. They presided in the 
senate, though, of course, never without the sanction 
of the emperor ; 2. They administered justice, 
partly extra ordinem (Tac. Ann. iv. 19, xiii. 4 ; 
Gell. xiii. 24), and partly in ordinary cases, such as 
manumissions or the appointment of guardians (Am- 
mian. Marcell. xxii. 7 ; Cassiod. vi. 1 ; Sueton. 
Claud. 23 ; Plin. H. N. ix. 13) ; 3. The letting of 
the public revenues, a duty which had formerly 
been performed by the censors (Ov. ex Pont. iv. 5. 
19) ; 4. The conducting of the games in the Circus 
and of public solemnities in honour of the emperors, 



CONTUBERNALES. 
for which they had to defray the expenses out of 
their own means. (Sueton. Aero, 4 ; Juven. xi. 
193, &c. ; Cassiod. I. c, and iiL 39, v. 42, vi. 10.) 
Some emperors indeed granted the money necessary 
for such purposes and endeavoured to check the 
growing extravagance of the consuls, but these 
regulations were all of a transitory nature. ( Lam- 
prid. Al. Sever. 43 ; Vopisc. Aurel. 12 ; Justin. 
Nov. 105.) Compare besides the various works on 
Roman history, K. D. Hullmann, Horn. Grundver- 
fassung, p. 125, &c. ; K. W. Gbttling, Gesch. der 
Worn. Slaatsverf. p. 269, &c, and above all, Becker, 
Handbuch der Rom. Alterth. voL ii. part ii. pp. 87 
—126. [L. S.] 

COXSULA'RIS, throughout the time of the 
Roman republic signifies a person who has been 
invested with the consulship ; but under the em- 
pire it became a mere title for the higher class of 
officers, who thereby obtained permission to have 
the insignia of a consul, without ever having ac- 
tually been consuls. Hence the title was almost 
equivalent to that of an " honorary consul " (consul 
Iwnorarius; Cod. Theod. vi. tit. 19. s. 1, vi. tit. 2. 
8.2). The title was given especially to generals, as 
formerly persons after their consulship had usually- 
undertaken the command of an army in the pro- 
vinces, and in many instances they were the same 
as the logati principis or the magistri militum. 
(Veget, ii. 9 ; Dig. 3. tit. 2. s.2.) It was furthera 
common custom established even by the first em- 
perors to give to governors of imperial provinces the 
title of consularis, irrespective of their ever having 
been consuls. (Suet. Aug. 33, Tilt. 33, Domit. 6 ; 
Tac. Agric. 8, 14, 40.) Consularis thus gradually 
became the established title for those entrusted 
with the administration of imperial provinces. 
The emperor Hadrian divided Italy into four re- 
gions, and over each he placed an officer who like- 
wise bore the title of consularis, and was entrusted 
with the administration of justice in his district, 
whence he is frequently called Juridicus (Spar- 
tian. Htulr. 22, with the note of Salmas.). At 
Constantinople the title was given to the super- 
intendents of the aquacducts (consulares aquarum), 
who had to see that all public and private places 
were properly supplied with water, and who seem 
to have been analogous to the curatores aquarum 
of Home. They arc frequently mentioned in in- 
scriptions, and also in the Codex of Justinian and 
Theodosius. [L. S.] 

CONTRACTUS. [Obugationes.] 

CONTHOVE'RSIA. [Judex.] 

COXTUBERXA'LES (aiaK-nvoi). This word, 
in its original meaning, signified men who served 
in the same army and lived in the same tent It 
is derived from lulierna (afterwards taliernnculum), 
which, according to Festus, was the original name 
for a military tent, as it was made of boards 
(tabulae), rlnch tent was occupied by ten soldiers 
(rnn/u/xrti't/is), with a subordinate officer at their 
head, who was called decanus, and in later times 
caput conluliernii. (Veget. l>c lie Mil. ii. !!. 13 ; 
compare Cic Pro Vigor. 7 ; Ilirt. Hell. Alex. 16 ; 
Dmkenborch, Ad Liv. v. 2.) 

Young Romans of illustrious families used to 
accompany n distinguished general on his expedi- 
tions, or to his province, for the purpose of gaining 
Under his nrperintendence a practical training in 
the art of war, or in the administration of public 
affairs, and were, like soldiers living in the same 
tent, called his conlnltcrnales. (Cic. Pro CotL 30, 



COXVEXTUS. 357 
Pro Plane. 11 ; Suet Caes. 42 ; Tacit. Agr. 5 ; 
Frontin. Strateg. iv. 1. 11 ; Plutarch. Pomp. 3.) 

In a still wider sense, the name conlubernales 
was applied to persons connected by ties of inti- 
mate friendship and living under the same roof 
(Cic Ad Fam. ix. 2 ; Plin. Epist. ii. 13) ; and 
hence when a free man and a slave, or two slaves, 
who were not allowed to contract a legal marriage, 
lived together as husband and wife, they were 
called coniuljernales ; and their connection, as well 
as their place of residence, contuljernium. (Colum. 
xiL 1. 3, i. 8 ; Petron. Sat. 96 ; Tacit. Hist. i. 
43, iii. 74.) Cicero (Ad AN. xiii. 28) calls Caesar 
the contubernalis of Quirinus, thereby alluding to 
the fact that Caesar had allowed his own statue to 
be erected in the temple of Quirinus (comp. Ad 
AN. xii. 45, and Suet. Caes. 76). [L. S.] 

COXTUBE'RXIUM. [Coxtubernales ; 

CoNCUBINA.] 

CONTUS (kovt6s, from Kevreim, I prick or 
pierce), was, as Xonius (xviii. 24) expresses it, a 
long and strong wooden pole or stake, with a 
pointed iron at the one end. (Virg. Aen. v. 208.) 
It was used for various purposes, but chiefly as a 
punt-pole by sailors, who, in shallow water, thrust 
it into the ground, and thus pushed on the boat. 
(Horn. Od. ix. 287 ; Virg. I. c. and vi. 302.) It 
also served as a means to sound the depth of the 
water. (Festus, s.v. Perconctatio, p. 214, ed. Mul- 
ler ; Donat ad Tcrent. Hec. i. 2. 2.) At a later 
period, when the Romans became acquainted with 
the huge lances or pikes of some of the northern 
barbarians, the word contus was applied to that 
kind of weapon (Virg. Aen. ix. 510 ; Tacit. Hist. 
i. 44, iii. 27; Lamprid. Commod. 13) ; and the 
long pikes peculiar to the Sarmatians were always 
designated by this name. (1 acit. Hist. i. 79, 
Annul, vi. 35*; Stat. Acliil. ii. 416 ; Valer. Flac. 
vi. 1 62. and others.) [L.S.] 

COXVEXIRE IX MANUM. [Matri- 

MONIUM.] 

COXVEXTIO'XES. [Obligationes.] 
COXVEXTUS (avvoSos, avvovaia, or avva- 
y<*YV) is properly a name which may be given to 
any assembly of men who meet for a certain pur- 
pose. (Paul. Diac. p. 42, ed. Miiller.) But when 
the Romans had reduced foreign countries into 
the form of provinces, the word convening assumed 
a more definite meaning, and was applied to the 
meetings of the provincials in certain places ap- 
pointed by the praetor or proconsul for the pur- 
pose of administering justice. (Cic. in Verr. ii. 20, 
24, 30, iv. 29, 48; Cic, ad Fam. XT. 4 ; Hnrat. 
S>it. i. 7. 22 ; Caes. Bell Civ. ii. 21 ; Ilirt. Hell. 
Afir. 97.) In order to facilitate the administration 
of justice, a province was divided into a number 
of districts or circuits, each of which was likewise 
called convening, furnm, or jnrisiliriio. (Cic. in 
Verr. ii. 8, 66 ; Plin. Ep. x. 5 ; Plin. //. /V. iii. 
1, iv. 22, v. 29.) Roman citizens livinir in a pro- 
vince were likewise under the jurisdiction of the 
proconsul, and accordingly nil that had to settle any 
business at a conventus had to make their appear- 
ance there. The towns which bad the Jus Itn- 
licum, had magistrates of their own with a jnris- 
dictio, from whom there was no doubt an nppeal 
to the proconsul. At certain times of the year, 
fixed by the proconsul, the people assembled in 
the chief town of the district. To hold n con- 
ventus was expressed by conrcntus ogerc, BeHMS S H, 
forum ngrrc, ayopaiovi (k. tifiipat) ayuv, &c. 
A A 3 



353 



CORBIS. 



CORNU. 



(Caes. Bell. Gall. i. 54, v. 1, viii. 46 ; Act. Apost. 
xix. 38.) At such a conventus litigant parties 
applied to the proconsul, who selected a number of 
judges from the conventus, generally from among 
the Romans residing in the province, to try their 
causes. (Cic. in Verr. ii. 13, &c. ; Niebuhr, Hist. 
Rom. vol. iii. p. 732.) The proconsul himself pre- 
sided at the trials, and pronounced the sentence 
according to the views of the judges, who were his 
assessors {consilium or consiliarii). As the pro- 
consul had to carry on all official proceedings in 
the Latin language (Val. Max. ii. 2. 2), he was 
always attended by an interpreter. (Cic. in Verr. 
iii. 37, ad Fain. xiii. 54.) These conventus appear 
to have been generally held after the proconsul 
had settled the military affairs of the province ; at 
least when Caesar was proconsul of Gaul he made 
it a regular practice to hold the conventus after 
his armies had retired to their winter-quarters. 
In the time of the emperors certain towns in 
each province were appointed as the seats of 
standing courts, so that the conventus were super- 
seded. (Cod. Just. i. tit. 40. s. 6.) The term con- 
ventus is lastly applied to certain bodies of Roman 
citizens living in a province, forming a sort of cor- 
poration, and representing the Roman people in 
their district or town ; and it was from among 
these that proconsuls generally took their assist- 
ants. Such corporations are repeatedly mentioned, 
as, for example, at Syracuse (Cic. in Verr. ii. 13, 
29, iii. 13, iv. 25, 31, v. 36, &c), Capua (Caes. 
De Bell. Civ. i. 14 ; Cic. p. Sext. 4), Salona (Caes. 
De Bell. Civ. iii. 9), Puteoli (Cic. in Vat. 5), 
and Corduba (Caes. De Bell. Civ. ii. 19; comp. 
Provincia.) [L. S.] 

CONVI'VIUM. [Symposium.] 
COOPTA'RE. [Collegium.] 
CO'PHINUS (n6<pwos, Engl, coffin), a large 
kind of wicker basket, made of willow branches. 
(Moer. Att. and Hesych. s. v. "Afipixos.) . From 
Aristophanes (Av. 1223) it would seem that it 
was used by the Greeks as a basket or cage for 
birds. The Romans used it for agricultural pur- 
poses, and Columella (xi. 3. p. 460, ed. Bip.) in 
describing a method of procuring early cucumbers, 
says, that they should be sown in well manured 
soil, kept in a cophinus, so that in this case we 
have to consider it as a kind of portable hot-bed. 
Juvenal (Sat. iii. 14, and vi. 542), when speaking 
of the Jews, uses the expression cophinus et 
foenum (a truss of hay), figuratively to designate 
their high degree of poverty. [Corbis.] [L. S.] 

CORBIS, dim. CO'RBULA, CORBICULA, 
a basket of very peculiar form and common use 
among the Romans, both for agricultural and other 
purposes. It was made of osiers twisted together, 
and was of a conical or pyramidal shape. ( Var. L. L. 
v. 1 39, ed. MUller ; Isidor. Orig. xx. 9 ; Cic. pro 
Sest. 38 ; Ov. Met. xiv. 643; Plaut. Aul. ii. 7. 4 ; 
Suet. Ncr. 19.) A basket answering precisely 
to this description, both in form and material, is 
still to be seen in everyday use among the Cam- 
panian peasantry, which is called in the language 
of the country " la corbella," a representation of 
which is introduced in the lower portion of the 
annexed woodcut. The hook attached to it by 
a string is for the purpose of suspending it to a 
branch of the tree into which the man climbs to 
pick his oranges, lemons, olives, or figs. The 
upper portion of the woodcut (Anticliita di Er- 
colano, torn. iii. tav. 29) represents a Roman farm, 



in which a fanning man, in the shape of a dwarf- 
ish satyr, is seen with a pole (dtriWo) across 
his shoulder, to each end of which is suspended a 
basket resembling in every respect the Campanian 
corbella ; all which coincidences of name, form, 
and description leave no doubt as to the identity 
of the term with the object represented. [A. R.] 




CORBI'TAE, merchantmen of the larger class, 
so called because they hung out a corbis at the 
mast-head for a sign. (Festus ; Nonius, s. v.) 
They were also termed onerariae ; and hence 
Plautus, in order to designate the voracious ap- 
petites of some women, says, " Corbitam cibi 
comesse possunt " (Cas. iv. 1. 20). They were 
noted for their heavy build and sluggish sailing 
(Lucil. ap. Non.s.v.Corbitae ; Plaut. Poen.m. 1.4), 
and carried passengers as well as merchandise, an- 
swering to the large " felucca " of the present day. 
Cicero proposed to take a passage in one of those 
vessels, which he opposes to the smarter class of 
packets (actuariola, ad Att. xvi. 6). [A. R.] 
CORDAX (/cd>8a|). [Chorus, 280, a.] 
CORNI'CINES. [Aeneatores.] 
CORNICULA'RII. [Exercitus.] 
CORNU. [Exercitus.] 
CORNU, a wind instrument, anciently made of 
horn, but afterwards of brass. (Varr. L. L. v. 1 17, 
ed. Muller.) According to Athenaeus (iv. p. 184, a.) 
it was an invention of the Etruscans. Like the 
tuba, it differed from the tibia in being a larger 
and more powerful instrument, and from the tuba 
itself, in being curved nearly in the shape of a C, 
with a cross-piece to steady the instrument for the 
convenience of the performer. In Greek it is 
called ffrpoyyvXri craKinyl. It had no stopples or 
plugs to adjust the scale to any particular mode 
(Burney's Hist, of Music, vol. i. p. 518) ; the 
entire series of notes was produced without keys 
or holes, by the modification of the breath and 
the lips at the mouthpiece. Probably, from the 
description given of it in the poets, it was, like 
our own horn, an octave lower than the trumpet. 
The classicum, which originally meant a signal, 
rather than the musical instrument which gave the 
signal, was usually sounded with the cornu. 

" Sonuit reflexo classicum cornu, 
Lituusque adunco stridulos cantus 
Elisit aere." (Sen. Oed. 734.) 



CORONA. 

From which lines we learn the distinction between 
the cornu and lituus, as from Ovid {MeUaH, i. 'M) 
we learn that between the tulxi and cornu — 

" Non tuba dirccti, non aeris cornua flexi." 

The following woodcut, taken from Bartholini (De 
Tibiis, p. 403), illustrates the above account. [B.J.] 




COROLLA. [Corona.] 

CORO'NA (<TTt<pavos), a crown, that is, a 
circular ornament of metal, leaves, or flowers, 
worn by the ancients round the head or neck, and 
used as a festive as well as funeral decoration, and 
as a reward of talent, military, or naval prowess, 
and civil worth. It includes the synonymes of 
the species, for which it is often used absolutely, 
<TT«patn}, <TTf<pos, <TTe<pdvii>ncL, corolla, sertum, a 
garland or wreath. 

Judging from Homer's silence, it does not ap- 
pear to have been adopted amongst the Greeks of 
the heroic ages as a reward of merit, nor as a 
fefttre decoration ; for it is not mentioned amongst 
the luxuries of the delicate Phaeacians, nor of the 
suitors. But a golden crown decorates the head 
of Venus in the hymn to that goddess (1 and 7). 

Its first introduction as an honorary reward is 
attributable to the athletic games, in some of which 
it was bestowed as a prize upon the victor (Plin. 
//. If. xv. 39 ; Pindar. Oljpnp. iv. 30), from whence 
it was adopted in the Roman circus. It was the 
only one contended for by the Spartans in their 
gymnastic contests, and was worn by them when 
going to battle. 

The Romans refined upon the practice of the 
Greeks, and invented a great variety of crowns 
formed of different materials, each with a separate 
appellation and appropriated to a particular purpose. 
We proceed to enumerate these and their proper- 
ties, including in the same detail an account of the 
corresponding one*, when- any, in Greece. 

I. Corona Obsidionalis. Among the honorary- 
crowns bestowed by the Romans for military 
achievements, the most difficult of attainment, and 
the one which conferred the highest honour, was 
the corona rJmiliunnlu, presented by a beleaguered 
army after its liberation to the general who broke up 
the siege. It was made of grass, or weeds and 
wild flowers (Plin. //. X. xxii. 7), thence called 
corona grnminrn (Plin. II. N. xxii. 4), and grami- 
nca olitiilumnlis ( I.iv. vii. '.',",). gathered from tin- 
spot on which the beleaguered army had been 
enclosed (Plin. L c ; Aul. Gcll. v. 6 ; Festus, 
». i'. Olisulionalit) ; in allusion to a custom of the 
early ages, in which the vanquished party in a con- 
test of strength or agility plucked a handful of gnus 
fnnn the meadow where the struggle took place, 
and gave it to his opponent as a token of victory. 



CORONA. 359 
(AuL Gell. v. C ; Plin. H. A T . xxii. 4 ; Festus, 
s.v. Obsidionalis ; Serv. ad Virg. Aen. viii. 128.) 
A list of the few Romans who gained this honour 
is given by Pliny (H. N. xxii. 4, 5). A repre- 
sentation of the corona graminea is introduced in 
the annexed woodcut (Guichard, De Antiquis 
Triumphis, p. 2o'b' ; compare Hardouj), ad Plin. 
H. N. x. 68). 




II. Corona Civica, the second in honour and 
importance (Plin. U.S. xvi. 3), was presented to 
the soldier who had preserved the life of a Roman 
citizen in battle (Aul. Gell. v. 6), and therefore 
accompanied with the inscription 06 cirem senatum 
(Senec. Clem. L 26). It was originally made of 
the ilex, afterwards of the aesculus, and finally of 
the quercus (Plin. //. N. xvi. 5), three different 
sorts of oak, the reason for which choice is ex- 
plained by Plutarch (Quaes!. Horn. p. 151, ed. 
Reisk.). It is represented in the next woodcut. 




As the possession of this crown was so high an 
honour, its attainment was restricted by very 
severe regulations (Plin. If.N. xvi. 5), so that 
the following combinations must have been satis- 
fied before a claim was allowed : — To have pro- 
served the life of a Roman citizen in battle, slain 
his opponent, and maintained the ground on which 
the nction took place. The testimony of a third 
|>arty was not admissible ; the person rescued 
must himself proclaim the fact, which increased 
the difficulty of attainment, as the Komnn soldier 
was commonly unwilling to acknowledge his obli- 
gation to the prowess of a comrade, and to show 
a t I 



360 CORONA. 

him that deference which he would he compelled 
to pay to his preserver if the claim were established. 
(Cic. Pro Plane. 30.) Originally, therefore, the 
corona civica was presented by the rescued soldier 
(Aul. Gell. v. 6 ; Polyb. vi. 37), after the claim 
had been thoroughly investigated by the tribune 
who compelled a reluctant party to come forward 
and give his evidence (Polyb. I. c.) ■ but under 
the empire, when the prince was the fountain from 
whence all honours emanated, the civic crown was 
no longer received from the hands of the person 
whose preservation it rewarded, but from the prince 
himself, or his delegate. (Tacit. Ann. xv. 12 ; 
compare iii. 2.) 

The preservation of the life of an ally, even 
though je were a king, would not confer a suffi- 
cient title for the civic crown. When once ob- 
tained, it might always he worn. The soldier who 
had acquired it, had a place reserved next to the 
senate at all the public spectacles ; and they, as 
well as the rest of the company, rose up upon his 
entrance. He was freed from all public burthens, 
as were also his father, and his paternal grand- 
father ; and the person who owed his life to him 
was bound, ever after, to cherish his preserver as 
a parent, and afford him all such offices as were 
due from a son to his father. (Polyb. vi. 37 ; Cic. 
Pro Plane. 30 ; Plin. H. N. xvi. 5 ; Aul. Gell. v. 6.) 

A few of the principal persons who gained this 
reward, are enumerated in the following pas- 
sages : — Plin. 77. N. vii. 29, xvi. 5 ; Liv. vi. 20 ; 
x. 46. L. Gellius Publicola proposed to confer it 
upon Cicero for having detected and crushed the 
conspiracy of Catiline (Aul. Gell. v. 6) ; and among 
the honours bestowed upon Augustus by the senate, 
it was decreed that a civic crown should be sus- 
pended from the top of his house (Dion Cass. liii. 
16 ; Val. Max. ii. Q.Jin. ; Ovid. Fast. i. 614, iv. 
953, Trist. iii. 1.6; Senec. Clem. i. 26 ; Suet. 
Calig. 19, compare Claud. 17, Tib. 26) ; hence a 
crown of oak leaves, with the inscription ob cives 
servatos, is frequently seen on the reverse of the 
Augustan medals, as also on those of Galba, Vi- 
tellius, Vespasian, Trajan, &c, showing that they 
likewise assumed to themselves a similar honour. 

III. Corona Navalis or Rostrata, called 
also Classica. (Veil. Pat. ii. 81.) It is difficult 
to determine whether these were two distinct 
crowns, or only two denominations for the same 
one. Virgil (Aen. viii. 684) unites both terms in 
one sentence, " Tempora navali fulgent rostrata 
corona." But it seems probable that the former, 
besides being a generic term, was inferior in dignity 
to the latter, and given to the sailor who first 
boarded an enemy's ship (Plin. H.N. xvi. 3) ; 
whereas the latter was given to a commander who 
destroyed the whole fleet, or gained any very 
signal victory. M. Agrippa is said to have been 
the first person who received the honour of a naval 
crown, which was conferred upon him on his con- 
quest of Sex. Pompeius in B. c. 36 ; though, ac- 
cording to other authorities, M. Varro was the first 
who obtained it from Pompeius Magnus. (Comp. 
Veil. Pat. /. c. ; Liv. Epit. 129 ; Dion Cass. xlix. 
14 ; Aul. Gell. v. 6 ; Senec. De Ben. iii. 32 ; 
Festus, s. v. Navalis Corona; Plin. H. N. viii. 31, 
xvi. 4 ; Suet. Claud. 17.) At all events, they 
were both made of gold ; and one at least (rostrata) 
decorated with the beaks of ships like the rostra in 
the forum (Plin. xvi. 4), as seen in a medal of 
Agrippa ; the other (navalis), with a representation 



CORONA. 

of the entire bow, as shown in the subjoined wood- 
cut. (Guichard. De Antiq. Triumph, p. 267.) 




The Athenians likewise bestowed golden crowns 
for naval services ; sometimes upon the person who 
got his trireme first equipped, and at others upon 
the captain who had his vessel in the best order. 
(Dem. De Coron. Praef. Nav. pp. 278, 279. ed. 
Schaeffer.) 

IV. Corona Muralis. The first man who 
scaled the wall of a besieged city was presented 
by his commander with a mural crown. (Aul. Gell. 
v. 6. 4 ; Liv. xxvi. 48.) It was made of gold, and 
decorated with turrets (muri pinnis, Aul. Gell. I. c), 
as represented in the next woodcut (Guichard. 
De Antiq. Triumph, p. 265) ; and being one of the 
highest orders of military decorations, was not 
awarded to a claimant until after a strict investi- 
gation. (Liv. I. c. ; compare Suet. Aug. 25.) 




Cybelo is always represented with this crown 
upon her head (Lucret. ii. 607, 610 ; Ovid. Fast. 
iv. 219 ; compare Virg. Aen. x. 253, vi. 786) ; 
but in the woodcut annexed (Caylus, Recueil 
d' Antiq. vol. v. pi. 3) the form of the crown is 
very remarkable, for it includes the whole tower as 
well as the turrets, thus affording a curious specimen 
of the ancient style of fortification. 




V. Corona Castrensis or Vallaris. The 
first soldier who surmounted the vallum, and forced 
an entrance into the enemy's camp, was, in like 
manner, presented with a golden crown, called 
corona castrensis or vallaris (Aul. Gell. v. 6 ; 
compare Val. Max. 1. 8. § 6), which was orna- 



CORONA. 



CORONA. 



3C1 



mented with the palisades (villi) used in forming 
an entrenchment, as represented in the annexed 
woodcut. (Guichard. De Aniiq. Triumph, p. 266.) 







/> 


A 











VI. Corona Triumphalls. There were three 
sorts of triumphal crowns, the first of which was 
worn round the head of the commander during his 
triumph. It was made with laurel or bay leaves 
(Aid. Gell. v. 6 ; Ovid. Font. ii. 2. 81 ; TibnlL i. 
7. 7), which plant is frequently met with on the 
ancient coins, both with the berries and withont 
them. It was the latter kind, according to Pliny 
(//. iV. xv. 2'J), which was used in the triumph, 
as is shown in the annexed woodcut, from a medal 
which commemorates the Parthian triumph of 
Ventidius, the lieutenant of Antony. Being the 
most honourable of the three, it was termed laurea 
in.sit/nis (Liv. viL 13) and insignis corona triumph- 
ulh. 




The second one was of gold, often enriched with 
jewels, which being too large and massive to be 
worn, was held over the head of the general during 
his triumph, by a public officer (servus publicut, 
Juv. Sal. x. 41). This crown, as well as the 
former one, was presented to the victorious general 
by his army. 

The third kind, likewise of gold and great 
value, was sent as presents from the provinces to 
the commander, as soon as a triumph had been 
decreed to him (Plut. Atrmit. Paul. 1)4), and there- 
fore they were also termed provincial™. (Tertull. 
De Coram. Mil. c. 13.) In the early ages of the 
republic, these were gratuitous presents, but sub- 
sequently they were exacted as a tribute under the 
name of aurum coronarium, to which none were 
entitled but those to whom a triumph had been 
decreed. The custom of presenting golden crowns 
from the provinces to victorious generals was like- 
wise in use among the (irecks, for they were pro- 
fusely lavished upon Alexander after his conquest 
of Durum (Atlien. xii. p. 539, a) ; and the 
Romans probably borrowed the custom from the 
Greeks. [Aurum Coronarium.] 

VI L Corona Ova us was another rrown of less 
estimation, appropriated solely to commanders. It 
was given to those who merely deserved an ovntion, 



which happened when the war was not duly de- 
clared, or was carried on against a very inferior 
force, or with persons not considered by the laws 
of nations as lawful enemies, such as slaves and 
pirates ; or when the victory was obtained without 
danger, difficulty, or bloodshed (Aid. GelL v. 6 ; 
Festus, s. v. Ovalis Corona) ; on which account it 
was made of myrtle, the shrub sacred to Venus, 
" Quod non jMurtiua, sed quasi Veneris quidam 
triumphus foret." (Aul. Gell. /. c. ; Plut. Marcel/. 
22 ; compare Plin. H.X. xv. 39 ; Dionys. v. 47.) 
The myrtle crown is shown in the woodcut an- 
nexed, from a medal of Augustus Caesar. 




VIII. Corona Oleagixa. This was likewise 
an honorary wreath, made of the olive leaf, and 
conferred upon the soldiers as well as their com- 
manders. According to Gellius (v. 6), it was given 
to any person or persons through whose instru- 
mentality a triumph had been obtained, but when 
they were not personally present in the action. It 
is represented in the next woodcut, from a medal of 
Lepidus, and was conferred both by Augustus and 
the senate upon the soldiery on several occasions. 
(Dion Cass. xlix. 14, xlvL 40.) 




Golden crowns, without any particular designa- 
tion, were frequently presented out of compliment 
by one individual to another, and by a general to 
a soldier who had in any way distinguished him- 
self. (Liv. vii. 10, 37, x. 44, xxx. IB.) 

The Greeks in general made but little use of 
crowns as rewards of valour in the earlier and 
better periods of their history, except as prizes in 
the athletic contests ; but previous to the time of 
Alexander, crowns of gold were profusely distri- 
buted among the Athenians nt least, for every 
trilling feat, whether civil, naval, or military 
(Aesch. r. Clrriph.; Dem. I)n Coron. jhimUii), 
which, though lavished without much discrimina- 
tion as far as regards the character of the receiving 



362 



CORONA. 



CORONA. 



parties, were still subjected to certain legal re- 
strictions in respect of the time, place, and mode in 
which they were conferred. They could not be 
presented but in the public assemblies, and with 
the consent, that is by suffrage, of the people, or 
by the senators in their council, or by the tribes 
to their own members, or by the h~ri{i6Tai to mem- 
bers of their own Stj/uoj. According to the state- 
ment of Aeschines, the people could not lawfully 
present crowns in any place except in their as- 
sembly, nor the senators except in the senate- 
house ; nor, according to the same authority, in 
the theatre, which is, however, denied by De- 
mosthenes ; nor at the public games, and if any 
crier there proclaimed the crowns he was subject 
to aTijxia. Neither could any person holding an 
office receive a crown whilst he was {nrev@vvos, 
that is, before he had passed his accounts. But 
crowns were sometimes presented by foreign cities 
to particular citizens, which were termed orecpawi 
lej/i/coi', coronae hospitalcs. This, however, could 
not be done until the ambassadors from those cities 
had obtained permission from the people, and the 
party for whom the honour was intended had un- 
dergone a public investigation, in which the whole 
course of his life was submitted to a strict inquiry. 
(Aesch. Dem. II. cc.) 

We now proceed to the second class of crowns, 
which were emblematical and not honorary, at 
least to the person who wore them, and the adop- 
tion of which was not regulated by law, but 
custom. Of these there were also several kinds. 

I. Corona Sacekdotalis, so called by Am- 
mianus Marcellinus (xxix. 5. § 6). It was worn 
by the priests (sacerdotes), with the exception of 
the pOntifex Maximus and his minister (camillus), 
as well as the bystanders, when officiating at the 
sacrifice. It does not appear to have been confined 
to any one material, but was sometimes made of 
olive (see the preceding woodcut ; Stat. Theb. iii. 
466), sometimes of gold (Prudent, riepl "2,Te<p. x. 
1011 ; Tertull. De Idol. 18), and sometimes of the 
ears of corn, then termed corona spicea, which kind 
was the most ancient one amongst the Romans 
(Plin. H. N. xviii. 2), and was consecrated to 
Ceres (Hor. Carm. Sec. 30 ; Tibull. ii. 1. 4, i. 1. 15), 
before whose temples it was customarily suspended. 
(Tibull. i. 1. 16 ; compare Apul. Met. vi. p. 110. 
Varior.) It was likewise regarded as an emblem 
of peace (Tibull. i. 10. 67), in which character it 
appears in the subjoined medal, which comme- 
morates the conclusion of the civil war between 
Antony and D. Albinus Brutus. 




II. Corona Funebris amd Sepulchralis. 
The Greeks first set the example of crowning the 
dead with chaplets of leaves and flowers (Eur. 
Plioen. 1647 ; Schol. ad foe), which was imitated 
by the Romans. It was also provided by a law 
of the Twelve Tables, that any person who had 



acquired a crown might have it placed upon his 
head when carried out in the funeral procession. 
(Cic. De Leg. ii. 24 ; Plin. H. N. xxi. S.) Gar- 
lands of flowers were also placed upon the bier, or 
scattered from the windows under which the pro- 
cession passed (Plin. H.N. xxi. 7 ; Dionys. xi. 39), 
or entwined about the cinerary urn (Plut. Marcell. 
30, Demetr. S3), or as a decoration to the tomb 
(Plin. H. N. xxi. 3 ; Ovid. Trist. iii. 2. 82 ; Tibull. 
ii. 4. 48). In Greece these crowns were commonly 
made of parsley {cihivov). (Suidas, s. v. ; Plut. 
Timol. 26.) 

III. Corona Convivialis. The use of chap- 
lets at festive entertainments sprung likewise from 
Greece, and owe their origin to the practice of 
tying a woollen fillet tight round the head, for the 
purpose of mitigating the effects of intoxication. 
(Comp. Plaut. Ampli. iii. 4. 16.) But as luxury 
increased they were made of various flowers or 
shrubs, such as were supposed to prevent intoxica- 
tion ; of roses (which were the choicest), violets, 
myrtle, ivy, philyra, and even parsley. (Hor. 
Carm. ii. 7. 24, et alibi.) The Romans were not 
allowed to wear these crowns in public, " in usu 
promiscuo," which was contrary to the practice of 
the Greeks, and those who attempted to do so 
were punished with imprisonment. (Plin. H. N. 
xxi. 6 ; compare Hor. Sat. ii. 3. 256 ; Val. Max. 
vi. 9. ext. 1.) 

IV. Corona Nuptialis. The bridal wreath 
(o-r4(pos yaixiiKwv, Bion. Idyll, i. 88) was also of 
Greek origin, among whom it was made of flowers 
plucked by the bride herself, and not bought, 
which was of ill omen. Among the Romans it 
was made of verbena, also gathered by the bride 
herself, and worn under the flammeum (Festus, s. v. 
Corolla) with which the bride was always en- 
veloped. (Catull. lxi. 6. 8 ; Cic. De Orat. iii. 58.) 
The bridegroom also wore a chaplet. (Plaut. Cas. 
iv. 1. 9.) The doors of his house were likewise 
decorated with garlands (Catull. lxiv. 294 ; Juv. 
Sat. vi. 51, 227), and also the bridal couch. 

V. Corona Natalitia, the chaplet suspended 
over the door of the vestibule, both in the houses 
of Athens and Rome, in which a child was born. 
(Juv. Sat. ix. 85; Meursius, Attic. Led. iv. 10.) 
At Athens, when the infant was male, the crown 
was made of olive ; when female, of wool (Hesych. 
s. v. 2t iipavos) ; at Rome it was of laurel, ivy, or 
parsley (Bartholin. De Puerp. p. 127). 

Besides the crowns enumerated, there were a 
few others of specific denominations, which re- 
ceived their names either from the materials of 
which, or the manner in which, they were com- 
posed. These were ■ — 

I. Corona Longa (Cic. De Leg. 24 ; Ovid, 
Fast. iv. 738), commonly thought to resemble 
what we call festoons, and as such seem to have 
been chiefly used to decorate tombs, curule chairs, 
triumphal cars, houses, &c. But the word must 
have had a more precise meaning, and was pro- 
bably called longa from its greater size, and meant 
a circular string of anything, like the " rosary " 
used by the lower orders in Catholic countries to 
reckon up their prayers, which in Italy is still 
called la corona, doubtless tracing its origin to the 
corona longa of their heathen ancestors, to which 
description it answers exactly. 

II. Corona Etrusca, a golden crown made to 
imitate the crown of oak leaves, studded with 
gems, and decorated with ribbons (lemnisci) or 



CORPUS JURIS CIVILIS. 



CORPUS JURIS CIVILIS. 363 



tics of gold. (Plin. //. X. xxi. 4, xxxiii. 4.) Any 
crown fastened with these ribbons, whether real 
or artificially represented, was also termed corona 
lemniscata, a specimen of which is given by Caylus 
(Recueil d'Antiq. voL v. pi. 57. No. 3). 

III. Corona Pactilis (Plin. H. N. xxi. 8), 
probably the same as the corona plectilis of Plautus 
(liacch. i. 1. '61), corona torta (Propert. iiL 20. 18, 
cd. Kuinoel), ptexa (Aul. GelL xviii. 2), and as 
the o-Tf(f>dvot irKfKTo'i and KvXiarbs GTttyavos of 
the Greeks. It was made of flowers, shrubs, 
grass, ivy, wool, or any flexible material twisted 
together. 

IV. Corona Sitilis, the crown used by the 
Salii at their festival. It was made in the first 
instance of any kind of flowers sowed together, 
instead of being wreathed with their leaves and 
stalks ; but subsequently it was confined to the 
rose only, the choicest leaves of which were 
selected from the whole flower, and sowed together 
bv a skilful hand, so as to form an elegant chaplet. 
(Plin. //. N. xxi. 8.) 

V. Corona Tonsa or Tonsilis (Virg. A en. 
v. 556") was made of leaves only, of the olive or 
laurel for instance (Scrv. ad Virij. Georg. iiL 21), 
and so called in distinction to nejilis and others, 
in which ihe whole branch was inserted. 

VJ. Corona Radiata (Stat. M i. 28) was 
the one given to the gods and deified heroes, and 
assumed by some of the emperors, as a token of 
their divinity. It may be seen on the coins of 
Trajan, Caligula, M. Aurelius, Valerius Probus, 
Thcodosius, etc., and is given in the woodcut an- 
nexed, from a medal of M. Antonius. 




VII. The crown of vine leaves ( pampinea) was 
appropriated to Bacchus (Hor. Carta, iii. 25. 20, 
iv. 8. 33), and considered a symbol of ripeness 
approaching to decay ; whence the Roman knight, 
when he saw Claudius with such a crown upon 
his head, augured that he would not survive the 
autumn. (Tacit Ann. xi. 4 ; compare Artemidor. 
LTD.) TA.R.1 

CORO'NIS ((copuvi'i), the comicc of an entabla- 
ture, is properly a (ireek word signifying anything 
curved (ScDoL ad Aristoph. I'lul. 253 ; Ilesych. 
I. v.). It is also used by Latin writers, but the 
genuine Latin word for a cornice is corona or COTO- 
Ufa (Vitro*, v. 2, 3.) [P.S.] 

CORPORA'TI. CORPORA'TIO. [Col- 

I.K(,m:.m.] 

CORPUS. [Coi.i.roium.1 

CORPUS JURIS < IVI'LIS. The three n • 
compilations of Justinian, the Institutes, the Pan- 
dect or Digest, and the Code, together with the 
Novellae, form one body of law.and were considered 
as such by the gloasatores, who divided it into live 



volumina. The Digest was distributed into three 
volumina, under the respective names of Digestuni 
Vetus, Infortiatum, and Digestum Novum. The 
fourth volume contained the first nine books of the 
Codex Repetitae Praelectionis. The fifth volume 
contained the Institutes, the Liber Authenticorum 
or Novellae, and the three last books of the Codex. 
The division into five volumina appears in the 
oldest editions ; but the usual arrangement now is, 
the Institutes, Digest, the Code, and Novellae. 
The name Corpus Juris Civilis was not given to 
this collection by Justinian, nor by any of the 
glossatores. Savigny asserts that the name was 
used in the twelfth century : at any rate, it be- 
came common from the date of the edition of D. 
Gothofredus, 1604. 

Most editions of the Corpus also contain the fol- 
lowing matter: — Thirteen edicts of Justinian, five 
constitutions of Justin the younger, several consti- 
tutions of Tiberius the younger, a series of consti- 
tutions of Justinian, Justin, and Tiberius; 113 
Novellae of Leo, a constitution of Zeno, and a 
number of constitutions of different emperors, under 
the name of Bo<riAi«al Aia-ro^is or Imperatoriac 
Constitutiones ; the Canoncs Sanctorum et vene- 
randnrum Apostolorum, Libri Feudorum, a consti- 
tution of the emperor Frederick II., two of the 
emperor Henry VI I. called Extravagantes, and a 
Liber dc pace Constantiae. Some editions also 
contain the fragments of the Twelve Tables, of the 
praetorian edict &c. 

The Roman law, as received in Europe, consists 
only of the Corpus Juris, that is, the three compila- 
tions of Justinian and the Novellae which were is- 
sued after these compilations ; and further, this Cor- 
pus Juris is only received within the limits and in the 
form which was given to it in the school of Bologna. 
Accordingly, all the Ante-Justinian law is now 
excluded from all practical application ; also, the 
Greek texts in the Digest, in the place of which 
the translations received at Bologna are substi- 
tuted ; and further, the few unimportant restora- 
tions in the Digest, and the more important resto- 
rations in the Codex. Of the three collections of 
Novellae, that only is received which is called 
Authenticum, and in the abbreviated form which 
was given to it at Bologna, called the Vulgata. 

But, on the other hand, there are received the 
additions made to the Codex in Bologna by the 
reception of the Authentica of the Emperors 
Frederick I. and II., and the still more numerous 
Authentica of Interim. The application of the 
matter comprised within these limits of the Corpus 
Juris has not been determined by the school of 
Bologna, but by the operation of other principles, 
such as the customary law of ditferent European 
countries and the development of law. Various 
titles of the Corpus Juris have little or no appli- 
cation in modem times ; for instance, that |mrt of 
the Roman law which concerns constitutional forms 
and administration. (Savigny, System des Unit. 
Roiiiialirn /(relit*, vol. i. p. 66.) 

Some editions of the Corpus Juris are published 
with the glossae, and some without The latest 
edition with the glossae is that of J. Fehius, Lugd. 
I627| six vols, folio. Of the editions without the 
glossae, the most important arc — thnt of Russardus, 
Lugd. 1560 — 61, folio, which was several times 
reprinted; ( 'initios, Lugd. 1571 and 1581, 15 vols. 
l2mo; Lud. Charoudae, A ntw. np. Christ Plantin, 
1575, folio ; Dionys. Gothofredi, Lugd. 1583, 4 to. 



364 CORYBANTICA. 



COSMETAE. 



of which there are various editions, one of the best 
by Sim. Van Leeuwen, Amst. 1663, folio ; G. Chr. 
Gebaueri, cura G. Aug. Spangenberg, Goetting. 1776 
— 1797, 2 vols. 4to ; Schrader, 1 vol. 4to, Berlin, 
1832, of which only the Institutes are yet published. 

For further information on the editions of the 
Corpus Juris and its several portions, see Bocking, 
Institutionen, p. 78, &c, and Mackeldey, Lehrbuch, 
&c.§97,a, 12th ed. [G. L>] 

CO'RREUS. [Obligationes.] 

CORTI'NA. 1. In its primary sense, a large 
circular vessel for containing liquids, and used in 
dyeing wool (Plin. H. N. ix. 62), and receiving 
oil when it first flows from the press. (Cat. De 
Re Rust. 66.) 2. A vase in which water was 
carried round the circus during the games (Plaut. 
Poen. v. 5. 12), for the use of the horses, drivers, 
or attendants. See the cut on p. 284, in which two 
of the children thrown down by the horses are 
furnished with a vessel of this kind. 3. The table 
or hollow slab, supported by a tripod, upon which 
the priestess at Delphi sat to deliver her responses; 
and hence the word is used for the oracle itself. 
(Virg. Aen. vi. 347.) The Romans made tables of 
marble or bronze after the pattern of the Delphian 
tripod, which they used as we do our sideboards, 
for the purpose of displaying their plate at an 
entertainment, or the valuables contained in their 
temples, as is still done in Catholic countries upon 
the altars. These were termed cortinae Delphicae, 
or Delphicae simply. (Plin.iT". N. xxxiv. 8 ; Schol. 
ad Hor. Sat. i. 6. 116; Mart. xii. 66. 7; Suet. 
Aug. 52.) 4. From the conical form of the vessel 
which contains the first notion of the word, it 
came also to signify the vaulted part of a theatre 
over the stage (magni cortina tkeatri, Sever, in 
Aetn. 294), such as is in the Odeium of Pericles, 
the shape of which we are expressly told was 
made to imitate the tent of Xerxes (Paus. i. 20. 
§ 3 ; Plut. Pericl. 13) ; and thence metaphorically 
for anything which bore the appearance of a dome, 
as the vault of heaven (Ennius, ap. Var. De Ling. 
Lat. viii. 48, ed. Miiller) ; or of a circle, as a 
group of listeners surrounding any object of at- 
traction. (Tacit. De Orat. 19.) [A. R.] 

CORYBANTES (Kopvgavres). The history 
and explanation of the deities bearing this name, 
in the early mythology of Greece, cannot be given 
in this place, as it would lead us to enter into his- 
torical and mythological questions beyond the 
limits of this Dictionary. The Corybantes, of whom 
we have to speak here, were the ministers or priests 
of Rhea or Cybele, the great mother of the gods, 
who was worshipped in Phrygia. In their solemn 
festivals they displayed the most extravagant fury 
in their dances in armour, as well as in the ac- 
companying music of flutes, cymbals and drams. 
(Strab. x. p. 470.) Hence KopvSavricrjx6s was the 
name given to an imaginary disease, in which per- 
sons felt as if some great noise was rattling in their 
ears. (Plato, Crito, p. 54. d., with Stallbaum's 
note.) [L. S.] 

CORYBA'NTICA (KopvSauTiKa), a festival 
and mysteries celebrated at Cnossus in Crete, in 
commemoration of one Corybas (Strab. x. p. 470.), 
who, in common with the Curetes, brought up Zeus 
and concealed him from his father Cronos in that 
island. Other accounts say that the Corybantes, 
nine in number, independent of the Curetes, saved 
and educated Zeus ; a third legend (Cic. De Nat. 
Deor. iii. 23) states that Corybas was the father 



of the Cretan Apollo who disputed the sovereignty 
of the island with Zeus. But to which of these 
traditions the festival of the Corybantica owed its 
origin is uncertain, although the first, which was 
current in Crete itself, seems to be best entitled 
to the honour. All we know of the Corybantica 
is, that the person to be initiated was seated 
on a throne, and that those who initiated him 
formed a circle and danced around him. This 
part of the solemnity was called S>p6va><ns or S)po- 
vto-fiSs. (Plato, Eutliydem. p. 277, d. ; Dion Chry- 
sost. Orat. xii. p. 387 ; Proclus, Theol. Plat. 
vi. 13.) [L. S.] 

CORYMBUS. CORY'MBIUM. [Coma.] 
CORVUS, a sort of crane, used by C. Duilius 
against the Carthaginian fleet in the battle fought 
off Mylae, in Sicily (B.C. 260). The Romans, we 
are told, being unused to the sea, saw that their 
only chance of victory was by bringing a sea-fight 
to resemble one on land. For this purpose they 
invented a machine, of which Polybius (i. 22) has 
left a minute, although not very perspicuous, de- 
scription. In the fore part of the ship a round 
pole was fixed perpendicularly, twenty-four feet in 
height and about nine inches in diameter ; at the 
top of this was a pivot, upon which a ladder was 
set, thirty-six feet in length and four in breadth. 
The ladder was guarded by cross-beams, fastened 
to the upright pole by a ring of wood, which turned 
with the pivot above. Along the ladder a rope 
was passed, one end of which took hold of the 
corvus by means of a ring. The corvus itself was 
a strong piece of iron, with a spike at the end, 
which was raised or lowered by drawing in or 
letting out the rope. When an enemy's ship 
drew near, the machine was turned outwards, by 
means of the pivot, in the direction of the assail- 
ant. Another part of the machine which Polybius 
has not clearly described is a breastwork, let down 
(as it would seem) from the ladder, and serving 
as a bridge, on which to board the enemy's vessel. 
(Compare Curtius, iv. 2. 4.) By means of these 
cranes the Carthaginian ships were either broken 
or closely locked with the Roman, and Duilius 
gained a complete victory. 

The word corvus is also applied to various kinds 
of grappling-hooks, such as the corvus demolitor, 
mentioned by Vitruvius (x. 19) for pulling down 
walls, or the terrible engine spoken of by Tacitus 
{Hist. iv. 30), which being fixed on the walls of a 
fortified place, and suddenly let down, carried off 
one of the besieging party, and then by a turn of 
the machine put him down within the walls. The 
word is used by Celsus for a scalpel. It is hardly 
necessary to remark that all these meanings have 
their origin in the supposed resemblance of the 
various instruments to the beak of a raven. [B.J.] 
CORY'TOS. [Arcus, p. 126,a.] 
COSME'TAE, a class of slaves among the Ro- 
mans, whose duty it was to dress and adorn ladies. 
(Juv. Sat. vi. 476.) Some writers on antiquities, 
and among them Bottiger in his Sabina (i. 22) 
have supposed that the cosmetae were female 
slaves, but the passage of Juvenal is alone suffi- 
cient to refute this opinion; for it was not cus- 
tomary for female slaves to take off their tunics 
when a punishment was to be inflicted upon them. 
There was, indeed, a class of female slaves who 
were employed for the same purposes as the cos- 
metae ; but they were called cosmetriae, a name 
which Naevius chose as the title for one of his 



COSMI. 



COSMI. 



365 



comedies. (See Heindorf, ad Ilorat. Sat. i. 
2.98.) L L. S.] 

COSME'TES (Kocr/xriTris), an officer in the 
Athenian Oymnasia in the time of the Romans. 
[Gvmnasium.] 

COSMI (koV/xoi), the chief magistrates of 
Crete. It is proposed under this head to give a 
brief account of the Cretan constitution. 

The social and political institutions of Crete 
were so completely Dorian in character, and so 
similar to the Spartan, that it was a disputed point 
amongst the ancients whether the Spartan consti- 
tution had its origin there, or the Cretan was trans- 
ferred from Laconia to Crete. The historian Ephorus 
(up. StraL. x. p. 482) expressly states that the 
Spartan institutions had their origin in Crete, but 
were perfected and completed in Sparta ; so that 
there is good reason for the assertion of M tiller 
(Dorians, iii. J . § 8), " that the constitution 
founded on the principles of the Doric race, was 
there first moulded into a consistent shape, but 
even in a more simple and antiquated funu than 
in Sparta at a subsequent period." Thus much, at 
any rate, wc know for certain, that there were 
various Dorian cities in the island, the political 
arrangements of which so closely resembled each 
other, that one form of government was ascribed to 
all. (Thirlwall, Hist. Greece, voL i. p. 284.) In 
the earliest ages of which we have historical in- 
formation, this was an aristocracy consisting of three 
component bodies, the Cosmi, the O'erusia (yepov- 
<r<a), and the Ecclcsia (iKKkyaia). The cosmi 
were ten in number, and are by Aristotle (Pol. ii. 
7), Ephorus (up. Strait. I. c), and Cicero (tie Hep. 
ii. 33) compared to the cphors of Sparta. Mtiller, 
however (iii. 8. § I) compares them with theSpartan 
kings, and supposes them to have succeeded to the 
functions of the kingly office ; which Aristotle 
(probably alluding to the age of Minos) tells us 
was at one time established in Crete. These cosmi 
were ten in number, and chosen not from the body 
of the people, but from certain yivr\ or houses, 
which were probably of more pure Doric or Achaian 
descent than their neighbours. The first of them 
in rank was called I'rotocosmus, and gave his name 
to the year. They commanded in war, and also 
conducted the business of the state with the repre- 
sentatives and ambassadors of other cities. With 
respect to the domestic government of the state, 
they appear to have exercised a joint authority 
with the members of the gcrusia, as they are said 
to have consulted with thrm on the most important 
matters. (Ephor. /. c.) In the times subsequent 
to the age of Alexander, they also performed cer- 
tain duties which bore a resemblance to the intro- 
duction of the lawsuits into court, by tin- Athenian 
magistrates. (Mtiller, /. c.) Their period of office 
was a year ; but any of them during that time 
might resign, and was also liable to deposition by 
his colleagues. In some cases, too, they might be 
indicted for neglect of their duties. On the whole, 
we may conclude that they formed the executive 
and chief power in most of the cities of Crete. 

The O'erusia, or council of elders, called by the 
Cretans lloule, consisted, according to Aristotle 
( /'nil/, ii. 7), of thirty members who had formerly 
been cosmi, and were in other respects approved of 
(t& a\ \a SAxiftoi KptvAfitvoi, Ephor. /. r.). They 
retained their office for life, and are said to have 
decided in all matters that came before them, ac- 
cording to their own judgment, and not agreeably 



to any fixed code of laws. They are also said to 
have been irresponsible, which, however, hardly 
implies that they were independent of the " un- 
written law " of custom and usage, or uninfluenced 
by any fixed principles. (Thirlwall, Hist. Greece, 
vol. i. p. 186.) On important occasions, as we have 
before remarked, they were |i//i6?oi;Aoi, or council- 
lors of the cosmi. 

The democratic element of the Ecclcsia was al - 
most powerless in the constitution ; its privileges, 
too, seem to have been merely a matter of form ; 
for, as Aristotle observes, it exercised no function 
of government, except ratifying the decrees of the 
yepovres and the KoVftoi. It is, indeed, not im- 
probable {hat it was only summoned to give its 
sanction to these decrees ; and though this may 
appear to imply the power of withholding assent, 
still the force of habit and custom would prevent 
such an alternative being attempted, or, perhaps, 
even thought of. (Thirlwall, vol. i. p. 286 ; Gutt- 
ling, Excursus ad Aristot. ii. 7.) 

Erom these observations, it is clear that the 
Cretan constitution was formerly a Dorian aristo- 
cracy, which, in the age of Aristotle, had degene- 
rated to what he calls a SvvavTeia, i. e. a govern- 
ment vested in a few privileged families. These 
quarrelled one amongst the other, and raised fac- 
tions or parties, in which the demus joined, so that 
the constitution was frequently broken up, and a 
temporary monarchy, or rather anarchy, established 
on its ruins. The cosmi were, in fact, often de- 
posed by the most powerful citizens, when the 
latter wished to impede the course of justice 
against themselves (pr) Sovvai 5/kos), and an 
okoo-jui'o then ensued, without any legal magis- 
trates at the head of the state. 

In the time of Polybius, the power of the aris- 
tocracy had been completely overthrown ; for he 
tells us that the election of the magistrates was 
annual, and determined by dcniocratical principles. 
(Polyb. vi. 44.) In other respects also, he points 
out a difference between the institutions of Crete 
and those of Lycurgus at Sparta, to which they 
had been compared by other writers. 

M tiller observes that the cosmi were, so far as 
wc know, the chief magistrates in all the cities of 
Crete, and that the constitution of these cities was 
in all essential points the same — a proof that their 
political institutions were determined by the prin- 
ciples of the governing, i. e. the Doric race. 

The social relations of the Cretans seem to have 
been almost identical with those of the S|«irtans. 

The inhabitants of the Dorian part of the island 
were divided into three classes, the (re men, the 
periocci or inri\Kooi, and the slaves. The second 
class was as old as the time of Minos, and was 
undoubtedly composed of the descendants of tin; 
conquered population ; they lived in the rural dis- 
tricts, round tin' iroAfir of the conquerors ; and, 
though personally free, yet exercised none of the 
privileges or influence of citizens, either in the 
administration and enactment of the laws, or the 
use of heavy anus. They occupied certain lands, 
for which they paid a yearly tribute or rent, sup- 
posed, from a statement in Atheiineus (iv. p. 143), 
to hnve been an Aeginetic stater.* 

* The expression of Dosiadas, rwy Sov\wv 
Sxauros, probably refers to the- perioeri, SoeAoi 
being used ns a generic term for those who were 
not full and free citizens. 



366 



COTHURNUS. 



COTTABOS. 



The slaves were divided into two classes, the 
public bondsmen (rj koivtj SovKeia), and the slaves 
of individuals. The former were called the p.v£>a, 
/uvoi'a, fiva'ta, or Mivoita o~uvo8os : the latter, a<pa- 
jxiuiTai, or KAaparai. The a<paiJ.ia>Tai were so 
named from the cultivation of the lots of land, or 
cupafi'tcu, assigned to private citizens, and were 
therefore agricultural bondsmen (oi tear kyp6v, 
Athen. vi. p. 263). The ixvoia was distinguished, 
by more precise writers, both from the perioeci 
and the aphamiotae ; so that it has been concluded 
that every state in Crete possessed a public do- 
main, cultivated by the mnotae, just as the private 
allotments were by the bondsmen of the individual 
proprietors. The word jxvoia, as Thirlwall has 
remarked, is more probably connected with S/xios 
than Minos. 

The origin of the class called /ivoia, and the 
KXapwrai, was probably twofold ; for the analogy 
of other cases would lead us to suppose that they 
consisted partly of the slaves of the conquered 
freemen of the country, and partly of such freemen 
as rose against the conquerors, and were by them 
reduced to bondage. But besides these, there was 
also a class of household servants employed in 
menial labours, and called xpucrc6i'7jTO! : they were, 
as their name denotes, purchased, and imported 
from foreign countries. [R. W.] 

COTHURNUS (n66opvos), a boot. Its essen- 
tial distinction was its height ; it rose above the 
middle of the leg, so as to surround the calf (alte 
suras vincire cothurno, Virg. Aen. i. 337), and 
sometimes it reached as high as the knees. (MilHn, 
Vases Ant. vol. i. pi. 20 and 72.) It was worn 
principally by horsemen, hunters, and by men of 
rank and authority. The ancient marbles, repre- 
senting these different characters, show that the 
cothurnus was often ornamented in a very tasteful 
and elaborate manner. The boots of the ancients 
were laced in front, and it was the object in so 
doing to make them fit the leg as closely as pos- 
sible. It is evident from the various represent- 
ations of the cothurnus in ancient statues, that its 
sole was commonly of the ordinary thickness. But 
it was sometimes made much thicker than usual, 
probably by the insertion of slices of cork. (Serv. 
in Virg. Eel. II. cc.) The object was to add to the 
apparent stature of the wearer ; and this was done 
either in the case of women who were not so tall 
as they wished to appear (Juv. Sat. vi. 507), or of 
the actors in Athenian tragedy, who assumed the 
cothurnus as a grand and dignified species of cal- 




ceamentum, and had the soles made unusually 
thick, as one of the methods adopted in order to 
magnify their whole appearance. (Virg. Eel. viii. 
10 ; Hor. Sat. i. 5. 64 ; Ars Poet. 280.) Hence 
tragedy in general was called cothurnus. (Ov. 
Trist. ii. 1. 393 ; Juv. vi. 633, xv. 29.) 

As the cothurnus was commonly worn in hunt- 
ing, it is represented both by poets and statuaries 
as part of the costume of .Diana. It was also 
attributed to Bacchus (Veil. Pat. ii. 82), and to 
Mercury (Hamilton's Vases, vol. iii. pi. 8). The 
preceding woodcut shows two cothurni from sta- 
tues in the Museo Pio-Clementino (vol. ii. pi. 15, 
and vol. iii. pi. 38). [J. Y.] 

CO'TTABOS (Ionic, K6o-<ra§os or oYragos), a 
social game which was introduced from Sicily into 
Greece (Athen. xv. p. 666), where it became one 
of the favourite amusements of young people after 
their repasts. The simplest way in which it ori- 
ginally was played was this : — One of the com- 
pany threw out of a goblet a certain quantity of 
pure wine, at a certain distance, into a metal basin, 
endeavouring to perform this exploit in such a 
manner as not to spill any of the wine. While he 
was doing this, he either thought of or pronounced 
the name of his mistress (Etymol. Mag. s. v. 
KoTraSifa), and from the more or less full and 
pure sound with which the wine struck against the 
metal basin, the lover drew his conclusions respect- 
ing the attachment of the object of his love. The 
sound, as well as the wine by which it was pro- 
duced, were called A.aTa| or k6ttq.§os : the metal 
basin had various names, either kott&SiOv, or kot- 
TaStiov, or Aarayelou, or x^A/t^ioc, or XtKavt], 
or o-Koupri. (Pollux, vi. 109 ; Etymol. Mag. I. c. ; 
Athen. xv. p. 667. sub Jin.) The action of throw- 
ing the wine, and sometimes the goblet itself, was 
called aytcvKt], because the persons engaged in the 
game turned round the right hand with great 
dexterity, on which they prided themselves. Hence 
Aeschylus spoke of KdrraSoi a.yKv\n)rol. (Athen. 
xv. p. 667.) Thus the cottabus, in its simplest 
form, was nothing but one of the many methods 
by which lovers tried to discover whether their 
love was returned or not. But this simple amuse- 
ment gradually assumed a variety of different cha- 
racters, and became, in some instances, a regular 
contest, with prizes for the victor. One of the 
most celebrated modes in which it was carried on 
is described by Athenaeus (I. c.) and in the Etymol. 
Mag., and was called Si' bt,v§d<pwv. A basin was 
filled with water, with small empty bowls swim- 
ming upon it. Into these the young men, one after 
another, threw the remnant of the wine from their 
goblets, and he who had the good fortune to drown 
most of the bowls obtained the prize (kottixSiov), 
consisting either of simple cakes, sweet-meats, or 
sesame-cakes. 

A third and more complicated form of the cot- 
tabus is thus described by Suidas (s. v. Kott<i§i'£<«>) . 
— A long piece of wood being erected on the 
ground, another was placed upon it in an hori- 
zontal direction, with two dishes hanging down 
from each end ; underneath each dish a vessel full 
of water was placed, in each of which stood a gilt 
brazen statue, called fxdvqs. Every one who took 
part in the game stood at a distance, holding a cup 
full of wine, which he endeavoured to throw into 
one of the dishes, in order that, struck down by 
the weight, it might knock against the head of the 
statue which was concealed under the water. He 



COTYTTIA. 

who spilled least of the wine gained the victory, 
and thereby knew that he was loved by his mis- 
tress. (See SchoL ad Lucian. Lexiph. 3. vol. ii. 
p. 325.) 

A fourth kind of cottabus, which was called 
KirraSos Ktnain6s (otto tov Kardyetv rbv k6t- 
ra§ov), is described by Pollux (vi. 109), the 
Scholiast on Aristophanes (Pax, 1 172), and Athe- 
nacus (xv. p. 667). The so-called fidirns was 
placed upon a pillar similar to a candelabrum, and 
the dish hanging over it must, by means of wine 
projected from the goblet, be thrown upon it, and 
thence fall into a basin filled with water, which 
from this fall gave forth a sound ; and he who pro- 
duced the strongest was the victor, and received 
prizes, consisting of eggs, cakes, and sweetmeats. 

This brief description of four various forms of 
the cottabus may be sufficient to show the general 
character of this game ; and it is only necessary to 
add, that the chief object to be accomplished in 
all the various modifications of the cottabus was to 
throw the wine out of the goblet in such a manner 
that it should remain together and nothing be 
spilled, and that it should produce the purest and 
strongest possible sound in the place where it was 
thrown. In Sicily, the popularity of thi3 game 
was so great, that houses were built for the especial 
purpose of playing the cottabus in them. Those 
readers who wish to become fully acquainted with 
all the various forms of this game, may consult 
Athenacus (xv. p. 666, etc.), the Greek Lexico- 
graphers, and, above all, Groddeck (JJeber den 
Kottuioa der Griedien, in his Aidi'fuarisc/ie Ver- 
xue/ie, i. Sammlung, 1800, pp. 163 — 238), who has 
collected and described nine different forms in 
which it was played. Iicckcr (C/iurildes, i. p. 476, 
&c.) is of opinion that all of them were but modi- 
fications of two principal forms. (Compare also Fr. 
Jacobs, Udter den Kottabot in Wkland's Atlisches 
Museum, iii. 1. pp. 475 — 196.) [L. S.] 

CO'TYLA (noriiK-n) was a measure of capacity 
among the Romans and Greeks : by the former it 
was also called hemina. ; by the latter, rpvSXiov and 
7)/uiVa or illdfiva. It was the half of the sextarius 
or {t'o-TTjr, and contained 6 cyathi, or nearly half a 
pint English. 

This measure was used by physicians with a 
graduated scale marked on it, like our own chemi- 
cal measures, for measuring out given weights of 
fluids, especially oil. A vessel of horn, of a cubic 
or cylindrical shape, of the capacity of a cotyla, 
was divided into twelve equal parts by lines cut 
on its side. The whole vessel was called litra, and 
each of the parts an ounce (undo). This measure 
held nine ounces (by weight) of oil, so that the 
ratio of the weight of the oil to the number of 
ounces it occupied in the measure would be 9 : 12 
or 3 : 4. (Galenas, /->« Compo$. Mtdieam, }>er 
Genera, iii. 3, i. 16, 17, iv. 14, v. 3, 6, vi. 6,8 ; 
Win-in, />• Pond. Mens. &c. ; Ilussey, On Ancient 
We, ,//,/.«, \c.) [P.S.] 

COTYTTIA or COTTYTES (mmia, (COT- 
rvTts), a festival which was originally celebrated 
bv the Edonians of Thrace, in honour of a goddess 
called Cotys or Cotytto. (Strab. x. p. 470 ; Eupolis, 
tl/md llrii/rh. .«. r. ; Siiidaa. ) It u.n hi-ld :it night, 
and, according to Stmbo, resembled the festivals 
of the Cabeiri and the Phrygian Cybile. Hut tin- 
worship of Cotys, together with the fmtival of the 
Cotyttia, was adopted by several Greek states, 
chiefly those which were induced by their com- 



CRATER. 



367 



mcrcial interest to maintain friendly relations with 
Thrace. Among these Corinth is expressly men- 
tioned by Suidas, and Strabo (x. p. 471) seems 
to suggest that the worship of Cotys was adopted 
by the Athenians, who, as he observes, were as 
hospitable to foreign gods as they were to foreigners 
in general. (Compare Juven. Sat. ii. 92.) The 
priests of the goddess were formerly supposed to 
have borne the name of baptae ; but Ruttmann 
has shown that this opinion is utterly groundless. 
Her festivals were notorious among the ancients 
for the dissolute manner and the debaucheries with 
which they were celebrated. (Suidas, s. v. KoVus ; 
Horat. Epod. xvii. 56 ; Theocrit. vi. 40.) Another 
festival of the same name was celebrated in Sicily 
(Plut. Proverb.), where boughs hung with cakes 
and fruit were carried about, which any person 
had a right to pluck off if he chose ; but we have 
no mention that this festival was polluted with any 
of the licentious practices which disgraced those of 
] Thrace and Greece, unless we refer the allusion 
! made by Theocritus to the Cotyttia, to the Sicilian 
festival. (Compare Buttmann's essay, Ueber die 
' Kotyttia und die Iiu/iiue, in his MytholoffUS, vol. ii. 
p. 159; Lobeck, Ayluoph. pp. 627, 1007, 
&c.) [L. S.] 

COVIXA'RII. [Covin-1-s.J 
COVI'NUS (Celtic, kowain), a kind of car, the 
spokes of which were armed with long sickles, and 
which wa3 used as a scythe-chariot chiefly by the 
ancient Belgians and Britons. (Mela, iii. 6 ; Lucan, 
i. 426 ; Silius, xvii. 422.) The Romans designated, 
by the name of covinus, a kind of travelling car- 
riage, which seems to have been covered on all 
sides with the exception of the front. It had no 
seat for a driver, but was conducted by the travel- 
ler himself, who sat inside. (Mart. Epip. ii. 24.) 
There must have been a great similarity between 
the Belgian scythe-chariot and the Roman travel- 
ling carriage, as the name of the one was transferred 
to the other, and we may justly conclude that the 
Belgian car was likewise covered on all sides, ex- 
cept the front, and that it was occupied by one 
man, the covinarius only, who was, by the struc- 
ture of his car, sufficiently protected. The covi- 
narii (the word occurs only in Tacitus) seem to 
have constituted a regular and distinct part of a 
British army. (Tacit. Agr. 35 and 36, with M. J. 
II. Becker's note; Bottichcr's Lexicon Tacit, s. v.; 
Becker, Gal/us, vol. i. p. 222 ; compare the article 

ESSEDI'M.) [L. S.] 

CRATER (xparvp: Ionic, KprjT-qp : Lat crater 
or crutcra ; from Ktp&vvvpt, I mix), a vessel in 
which the wine, according to the custom of the 
ancients, who very seldom drank it pure, was 
mixed with water, and from which the cups were 
filled. In the Homeric age the mixture was al- 
ways made in the dining-room by heralds or young 
men (Kovpoi • sec //. iii. p. 269, Od. vii. 182, xxi. 
271). The use of the vessel is sufficiently clear 
from the expressions so frequent in the poems of 
Homer: Kprrrr\pa KtpdirairOai, i. c. olvov na\ iiSwp 
iv KpyTTipt fdaytiv : irivuv xpnrripa (to empty the 
crater); Kprrrripa irr-i](Taa0ai {rrateni stuttiere, to 
phiri- the filled crater near the table) ; Kfrnirtpai 
iirurriiptaOau itoroio (to fill the craters to tin? 
brim, sit Ituttiiiiuiii, h.ril. i. 15). The crater in 
the Hoffletlc ago was generally of silver (Od. ix. 
203, x. 356), sometimes with a gold edge (0</. 
iv. 616), and sometimes all gold or gilt. (//. xxiii. 
219.) It stood Upon a tri|Hxl, and its ordinary 



368 



CRATER. 



CRIMEN. 



place in the p-eyapov was in the most honourable 
part of the room, at the farthest end from the en- 
trance, and near the seat of the most distinguished 
among the guests. (Od. xxi. 145, xxii. 333, com- 
pared with 341.) The size of the crater seems to 
have varied according to the number of guests ; 
for where their number is increased, a larger crater 
is asked for. (II. ix. 202.) It would seem, at 
least at a later period (for in the Homeric poems 
we find no traces of the custom), that three craters 
were filled at every feast after the tables were re- 
moved. They must, of course, have varied in size 
according to the number of guests. According to 
Suidas (s. v. Kpcn-ijp) the first was dedicated to 
Hermes, the second to Charisius, and the third to 
Zeus Soter ; but others called them by different 
names; thus the first, or, according to others, the 
last, was also designated the Kparrip ayadov 5eu- 
p.ovos, the crater of the good genius (Suidas s. v. 
'Ayadov Aai/xovos : compare Athen. xv. p. 692, 
&c. ; Aristoph. Vesp. 507, Pax, 300), Kpar^p 
vyceias and ^TaviiTTpis or fi^Tavmrpov, because 
it was the crater from which the cups were filled 
after the washing of the hands. (Athen. xv. p. 629, 
f. &c.) 

Craters were among the first things on the em- 
bellishment of which the ancient artists exercised 
their skill. Homer (II. xxiii. 741, &c.) mentions, 
among the prizes proposed by Achilles, a beauti- 
fully wrought silver crater, the work of the ingeni- 
ous Sidonians, which, by the elegance of its work- 
manship, excelled all others on the whole earth. 
In the reign of Croesus, king of Lydia, the Lace- 
daemonians sent to that king a brazen crater, the 
border of which was all over ornamented with 
figures ((wSta), and which was of such an enor- 
mous size that it contained 300 amphorae. (Herod, 
i. 70.) Croesus himself dedicated to the Delphic 
god two huge craters, which the Delphians believed 
to be the work of Theodorus of Samos, and Hero- 
dotus (i. 51) was induced by the beauty of their 
workmanship to think the same. It was about 
01. 35, that the Samians dedicated six talents (the 
tenth of the profits made by Colaeus on his voyage 
to Tartessus) to Hera, in the shape of an immense 
brazen crater, the border of which was adorned 
with projecting heads of griffins. This crater, which 
Herodotus (iv. 152) calls Argive (from which we 
must infer that the Argive artists were celebrated 
for their craters), was supported by three colossal 
brazen statues, seven cubits long, with their knees 
closed together. 

The number of craters dedicated in temples 
seems everywhere to have been very great. Livius 
Andronicus, in his Equus Trojanus, represented 
Agamemnon returning from Troy with no less than 
3000 craters (Cic. ad Fam. vii. 1), and Cicero 
(in Verr. iv. 58) says that Verres carried away 
from Syracuse the most beautiful brazen craters, 
which most probably belonged to the various tem r 
pies of that city. But craters were not only de- 
dicated to the gods as anathemata, but were used 
on various solemn occasions in their service. Thus 
we read in Theocritus (v. 53, compare Virgil, 
Eclog. v. 67) : — ■ " I shall offer to the Muses a crater 
full of fresh milk and sweet olive-oil." In sacri- 
fices the libation was always taken from a crater 
(Demosth. De Fals. Legat. p. 431, c. Lept. p. 505, 
c. Mid. p. 531, c. Macart. p. 1072 ; compare Bekk. 
Anecdot. p. 274. 4), and sailors before they set out 
on their journey used to take the libation with 



cups from a crater, and pour it into the sea^ 
(Thucyd. vi. 32 ; Diodor. iii. 3 ; Arrian, Anab. 
vi. 3 ; Virg. Aen. v. 765.) The name crater was 
also sometimes used as synonymous with <tit\iov, 
situla, a pail in which water was fetched. (Naev. 
apud Non. xv. 36 ; Hesych. s. v. KpaTrjpes.) 

The Romans used their crater or cratera for the 
same purposes for which it was used in Greece ; 
but the most elegant specimens were, like most 
other works of art, made by Greeks. (Virg. Aen. i. 
727, iii. 525 ; Ovid, Fast. v. 522 ; Hor. Carm. 
i". 18. 7.) t [L.S.] 

CRATES (rd.po-os), a hurdle, used by the 
ancients for several purposes. First, in war, espe- 
cially in assaulting a city or camp, they were placed 
before or over the head of the soldier to shield off 
the enemy's missiles. (Amm. Marc. xxi. 12.) From 
the plutei, which were employed in the same way, 
they differed only in being without the covering of 
raw hides. A lighter kind was thrown down to 
make a bridge over fosses, for examples of which 
see Caesar, B. G. vii. 81, 86. By the besieged 
(Veget. iv. 6) they were used joined together so 
as to form what Vegetius calls a metetta, and filled 
with stones : these were then poised between two 
of the battlements ; and as the storming party 
approached upon the ladders, overturned on their 
heads. 

A capital punishment was called by this name, 
whence the phrase sub crate necari. The criminal 
was thrown into a pit or well, and hurdles laid 
upon him, over which stones were afterwards 
heaped. (Liv. i. 51, iv. 50 ; Tacit. German. 12.) 

Crates called ficariae were used by the country 
people upon which to dry figs, grapes, &c, in the 
rays of the sun. (Colum. xii. 15, 16.) These, as 
Columella informs us, were made of sedge or 
straw, and also employed as a sort of matting to 
screen the fruit from the weather. Virgil (Georg. 
i. 94) recommends the use of hurdles in agriculture 
to level the groimd after it has been turned up 
with the heavy rake (rastrum). Any texture of 
rods or twigs seems to have been called by the 
general name crates. [B. J.] 

CRE'PIDA (Kpr/ms), a slipper. Slippers were 
worn with the pallium, not with the toga, and 
were properly characteristic of the Greeks, though 
adopted from them by the Romans. Hence Sue- 
tonius says of the Emperor Tiberius (c. 13), Depo- 
sito patrio habitu redegit se ad pallium et crepidas. 
As the cothurnus was assumed by tragedians, be- 
cause it was adapted to be part of a grand and 
stately attire, the actors of comedy, on the other 
hand, wore crepidae and other cheap and common 
coverings for the feet. [Baxea ; Soccus.] Also, 
whereas the ancients had their more finished boots 
and shoes made right and left, their slippers, on 
the other hand, were made to fit both feet indif- 
ferently. [Isid. Orig. ix. 34.) [J. Y.] 
CREPITA'CULUM. [Sistkum.] 
CRE'TIO HEREDITA'TIS. [Herbs.] 
CRIMEN. Though this word occurs so fre- 
quently, it is not easy to fix its meaning. Crimen 
is often equivalent to accusatio (KaTTjyopia) ■ but it 
frequently means an act which is legally punish- 
able. In this latter sense there seems to be no 
exact definition of it by the Roman jurists. Ac- 
cording to some modern writers, crimina are either 
public or private ; but we have still to determine 
the notions of public and private. There was a 
want of precise terminology as to what, in common 



CRIMEN. 



CROCOTA. 



369 



language, are called criminal offences among the 
Romans ; and this defect appears in other systems 
of jurisprudence. Crimen has been also defined by 
modern writers to be that which is capitalis, as 
murder, Ate. ; delictum, that which is a private 
injury (privata noxa) ; a distinction founded ap- 
parently on Dig. 21. tit. 1. s. 17. § 15. 

Delicts (delicta) were maleficia, wrongful acts 
(Dig. 47. tit. ). s. 3), and the foundation of one 
class of obligationes : these delicts, as enumerated 
by Gaius (iiL 182), are furtum, rapina, damnum, 
injuriae ; they gave a right of action to the indi- 
vidual injured, and intitled him to compensation. 
These delicts were sometimes called crimina (cri- 
men furti, Gaius, iii. 197). Crimen therefore is 
sometimes applied to that class of delicta called 
privata (Dig. 47. tit. 1. De Privatis DelictU) ; and 
accordingly crimen may be viewed as a genus, 
of which the delicta enumerated by Gaius are a 
species. But crimen and delictum are sometimes 
used as synonymous. (Dig. 48. tit. 19. s. 1.) In 
one passage (Dig. 48. tit 19. s. 5) we read of 
majora delicta (a term implying that these arc 
minora delicta), which expression is coupled with 
the expression omnia crimina in such a way that 
the inference of crimen containing delictum is, so 
far as concerns this passage, necessary ; for the 
omnia crimina comprehend (in this passage) more 
than the delicta majora. 

Some judicia publica were capitalia, and some 
were not (Dig. 48. tit 1. s. 2.) Judicia, which 
concerned crimina, were not, for that reason only, 
publica. There were, therefore, crimina which 
were not tried in judicia publica. This is con- 
sistent with what is stated above as to those cri- 
mina (delicta) which were the subject of actions. 
Those crimina only were the subject of judicia 
publica, which were made so by special laws ; such 
as the Julia de adultcriis, Cornelia de sicariis et 
veneficis, Pompeia de parricidiis, Julia pcculatus, 
Cornelia de testamentis, Julia de vi privata, Julia 
de vi publica, Julia de arabitu, Julia repctundarura, 
Julia de annona. (Dig. 48. tit 1. s. 1.) So far as 
Cicero (De fjral. ii. 25) enumerates causae crirni- 
num, they were causae publici judicii ; but he adds 
(ii. 31), "criminum est multitudo infinita." Again, 
infamia was not the consequence of e\ery crimen, 
but only of those crimina which were " publici 
judicii." A condemnation, therefore, for a crimen, 
not publici judicii, was not followed by infamia, 
unless the crimen laid the foundation of an actio, 
in which, even in the case of a privatum judicium, 
the condemnation was followed by infamia ; as 
furtum, rapina, injuriae. (Dig. 48. tit I. a. 7.) 

Most modem writers on Roman law have con- 
sidered delicta at the general term, which the}' 
have subdivided into delicta publica and privata. 
The division of delicta into publica and privata 
had partly its origin in the opinion generally enter- 
tained of the nature of the delict ; but the legal 
distinction must be derived from a consideration of 
the form of obtaining redress for, or punishing, the 
Wrong. Those delicta which were punishable ac- 
cording to special leges, lenatus-consulta, and con- 
stitutions!, and were prosecuted in judicia publica 
by an accusatio publica, were more especially called 
crimina ; and the penalties, in case of conviction, 
were loss of life, of freedom, of ciritaa, and the con- 
sequent infamia, and sometimes pecuniary penalties 
aUo. Those delicta not provided for as above men- 
tioned, were prosecuted by action, and were the 



subjects of judicia privata, in which pecuniary com- 
pensation was awarded to the injured party. At a 
later period we find a class of crimina extraor- 
dinaria (Dig. 47. tit. 11), which arc somewhat 
vaguely defined. They are offences which in the 
earlier law would have been the foundation of 
actions, but were assimilated, as to their punish- 
ment, to crimina publici judicii. This new class 
of crimina (new as to the form of judicial proceed- 
ings) must have arisen from a growing opinion of 
the propriety of not limiting punishment, in certain 
cases, to compensation to the party injured. The 
person who inquired judicially extra ordinem, might 
affix what punishment he pleased, within reason- 
able limits. (Dig. 48. tit 19. s. 13.) Thus, if a 
person intended to prosecute hi3 action, which 
was founded on maleficium (delict), for pecuniary 
compensation, he followed the jus ordinarium ; but 
if he wished to punish the offender otherwise (extra 
ordinem ejus rei poenam exerceri (e'f) vclit), then he 
took criminal proceedings, "' subscripsit in crimen." 
(Dig. 47. tit 1. s. 3.) 

The forty-seventh book of the Digest treats first 
of delicta privata properly so called (Tit. 1 — 10), 
and then of extraordinaria crimina. The forty- 
eighth book treats of crimina, and the first title is 
De Publicis Judiciis. Compensation might be de- 
manded by the heredes of the injured person, and 
of the heredes of the wrong -doer ; but the heredes 
of the wrong-doer were not liable to a penal action 
(poenalis actio, Dig. 47. tit 1. s. 1). Compensa- 
tion could be sued for by the party injured : a 
penalty, which was not a direct benefit to the in- 
jured party, was sued for by the state, or by those 
to whom the power of prosecution was given, as in 
the case of the lex Julia de adultcriis, &c. In 
the case of delicta publico, the intention of the 
doer was the main thing to be considered : the 
act, if done, was not for that reason only punished ; 
nor if it remained incomplete, was it for that rea- 
son only unpunished. In the case of delicta pri- 
vata, the injury, if done, was always compensated, 
even if it was merely culpa. [G. L. ] 

CRINIS. [Coma.] 

CRISTA. [Galea.] 

CRITAE (icpiTai), judges. This name was 
applied by the Greeks to any person who did not 
judge of a thing like a i.MCT-,;.,, according to 
positive laws, but according to his own sense of 
justice and equity. (Herod. iiL 160 ; Demosth. 
Olynth. i. p. 17, c. Mid. p. 520.) But at Athens 
a number of Kpnal was chosen by ballot from a 
number of selected candidates at every celebration 
of the Dionysia, and were called oi Kpiral, hot' 
^i°X^ y - Their office was to judge of the merit of 
the different choruses and dramatic poems, and to 
award the prizes to the victors. (I- Trajjez. 
p. 365, c. with Coraes' note.) Their number is 
stated by Suidas (». c. 'Ef x«vt« xpiruv yovyaai) 
to have been five for comedies, and G. Hermann 
has suppos.d, with great probability, that there 
were on the whole la Kpirai, five for comedy, and 
the same number for tragedy, one being taken 
from every tribe. The cxprcssii>ri in Aristophanes 
(Ar. 421), yiKav nam roU uptraii, signifies to 
gain the victory by the unanimous consent of the 
five judges. Fur the complete literature of this 
subject, lee K. F. Hermann's Manual of Vie I'ol. 
Ant. of Greece, g 149. n. 13. [L. S.] 

CROUYLI'S. [Coma.] 

CRGCO'TA (sc. vestit ; xpoKurrov sc. ipAnov, 
u B 



370 CROTALUM. 

or KpoKwrbs sc. %nd>v), was a kind of gala dress, 
chiefly worn by women on solemn occasions, and 
in Greece especially, at the festival of the Dionysia. 
(Aristoph. Ran. 46, with the Schol. Lysistr. 
44 ; Pollux, iv. 18. 117.) It was also worn by 
the priest of Cybele (Apul. Met. 8 and 11 ; 
Virg. Aen. ix. 614), and sometimes by men of 
effeminate character. (Aristoph. Thesmoph. 253 ; 
Suidas, s. v. ; Plaut. and Naevius, ap. Nonium, 
xiv. 8. and xvi. 4 ; Cic. Harusp. Resp. 21.) It 
is evident from the passage of Virgil, that its 
name was derived from crocus, one of the favourite 
colours of the Greek ladies, as we still see in the 
pictures discovered at Herculaneum and Pompeii. 
The circumstance that dresses of this colour were 
in Latin commonly called vestes crocatae or cro- 
ceae, has induced some writers on antiquities to 
suppose that crocota was derived from KpoKr] 
(woof or weft), or KpoKis (a flake of wool or cotton 
on the surface of the cloth), so that it woidd be a 
soft and woolly kind of dress. (Salmas. ad Ca- 
pitolin. Pertinac. 8. t. 1. p. 547, and. ad Tertutt. Da 
Pall. p. 329.) But the passages above referred to 
are sufficient to refute this opinion, and the name 
crocota was, like many others, adopted by the 
Romans from the Greeks. (Compare Becker's 
Charikles, vol. ii. p. 351, &c.) [L. S.] 

CRO'NIA (icpdvia), a festival celebrated at 
Athens in honour of Cronos, whose worship was 
said to have been introduced into Attica by 
Cecrops. He had a temple in common with Rhea. 
(Paus. i. 18. § 7 ; comp. vi. 20. § 1.) The fes- 
tival was held on the twelfth of the month of 
Hecatombaeon (Demosth. c. Timocr. p. 708 ; Plut. 
Thes. 12 ; Etym. M. s. v.), which, at an early 
period of the history of Attica, bore the name of 
/XTji/ Kpoviav. (Athen. xiii. p. 581.) 

The Rhodians also celebrated a festival in honour 
of Cronos — perhaps the Phoenician Moloch — to 
whom human sacrifices, generally consisting of 
criminals, were offered. The festival was held on 
the sixteenth of Metageitnion. (Porphyr. De 
Abstinent, ii. 54.) 

Greek writers, when speaking of the Roman 
Saturnalia, apply to them the name KpoVia, which 
in the early times seem to have really resembled 
them in their excessive merriment. (See Athen. 
xiv. p. 639 ; Appian, Samn. 10. § 5 ; Buttmann, 
Mythol. vol. ii. p. 52, &c.) [L. S.] 

CRO'TALUM (/cpdVaAoe), a kind of cymbal, 
erroneously supposed by some writers to be the 
same with the sistrum. [Sistrum.] The mistakes 
of learned men on this point are refuted at 
length by Lampe (De Cymb. Vet. i. 4, 5, 6). From 
Suidas and the Scholiast on Aristophanes (Nubes, 
260), it appears to have been a split reed or cane, 
which clattered when shaken with the hand. Ac- 
cording to Eustathius (II. xi. 160), it was made of 
shell and brass, as well as of wood. Clemens 
Alexandrinus further says that it was an invention 
of the Sicilians. 

Women who played on the crotalum were 
termed crotalistriae. Such was Virgil's Copa (2), 

" Crispum sub crotalo docta movere latus." 

The line alludes to the dance with crotala (similar 
to castanets), for which we have the additional 
testimony of Macrobius (Sat. ii. 10). The annexed 
woodcut, taken from the drawing of an ancient 
marble in Spon's Miscellanea (sec. i. art. vi. fig. 



CRUX. 

43), represents one of these crotalistriae perform- 
ing. 




The word Kp6raXov is often applied, by an easy 
metaphor, to a noisy talkative person. (Aristoph. 
Nub. 448 ; Eurip. Cycl. 104.) [B. J.] 

CRUSTA. [Caelatura ; Chrysendeta ; 
Emblemata.] 

CRUX (a-Tavp6s, o-kSXo'P), an instrument of 
capital punishment, used by several ancient nations, 
especially the Romans and Carthaginians. The 
words crTavp6u and aKoXoir'i(ai are also applied to 
Persian and Egyptian punishments, but Casaubon 
(Escer. Antibaron. xvi. 77) doubts whether they 
describe the Roman method of crucifixion. From 
Seneca (Cons, ad Marc, xx., Epist. xiv. 1) we 
learn the latter to have been of two kinds, the less 
usual sort being rather impalement than what we 
should describe by the word crucifixion, as the crimi- 
nal was transfixed by a pole, which passed through 
the back and spine and came out at the mouth. 

The cross was of several kinds ; one in the shape 
of an X, called crux Andreana, because tradition 
reports St. Andrew to have suffered upon it ; an- 
other was formed like a T, as we learn from Lucian 
(Judic. Vocal, xii.), who makes it the subject of a 
charge against the letter. 

The third, and most common sort, was made of 
two pieces of wood crossed, so as to make four right 
angles. It was on this, according to the unani- 
mous testimony of the fathers who sought to con- 
firm it by Scripture itself (Lips. De Cruce, i. 9), 
that our Saviour suffered. The punishment, as is 
well known, was chiefly inflicted on slaves, and 
the worst kind of malefactors. (Juv. vi. 219 ; Hor. 
Sat. i. 3. 82. ) The manner of it was as follows : 
— The criminal, after sentence pronounced, carried 
his cross to the place of execution ; a custom men- 
tioned by Plutarch (De Tard. Dei Vind. 'iKaaros 
rwv KaKovpyav iiccpepei rbv avrov o~ravp6v), and 
Artemidorus (Oneir. ii., 61), as well as in the 
Gospels. From Livy (xxxiii. 36) and Valerius 
Maximus (i. 7), scourging appears to have formed 
a part of this, as of other capital punishments 
among the Romans. The scourging of our Sa- 
viour, however, is not to be regarded in this light, 
for, as Grotius and Hammond have observed, it 
was inflicted before sentence was pronounced. 
(St. Luke, xxiii. 16 ; St. John, xix. 1. 6.) The 
criminal was next stripped of his clothes and 
nailed or bound to the cross. The latter was the 
more painful method, as the sufferer was left to die 
of hunger. Instances are recorded of persons who 
survived nine days. It was usual to leave the 
body on the cross after death. The breaking o{ 
the legs of the thieves, mentioned in the Gospels, 



CRYPTEIA. 



CRYPTEIA. 



371 



wa9 accidental ; because by the Jewish law, it is 
expressly remarked, the bodies could not remain 
on the cross during the Sabbath-day. (Lipsius, 
De Cruce ; Casaubon, Exer. Aidibaron. xvi. 
77.) t [B.J.] 

CRYPTA (from KpinrTeiv, to conceal), a crypt. 
Amongst the Romans, any long narrow vault, 
whether wholly or partially below the level of the 
earth, is expressed by this term ; such as a sewer 
(crypla Suljurae, Juv. Sat. v. 10G) [Cloaca] ; the 
carceres of the circus [C1RCU8, p. 285] ; or a 
magazine for the reception of agricultural produce. 
(Vitruv. vi 8 ; comp. Varro, It. It. i. 57.) 

The specific senses of the word arc : — 

1. A covered portico or arcade ; called more 
definitely cryplo-jiorticus, because it was not sup- 
ported by open columns like the ordinary portico, 
but closed at the sides, with windows only for the 
admission of light and air. (Plin. Epist. ii. 15, 
v. 6, vii. 21 ; Sidon. Epist. ii. 2.) These were 
frequented during summer for their coolness. A 
portico of this kind, almost entire, is still remain- 
ing in the suburban villa of Arrius Diomedes at 
Pompeii. [Porticus.] 

Some theatres, if not all, had a similar portico 
attached to them for the convenience of the per- 
formers, who there rehearsed their parts. (Suet 
Col. 58 ; compare Dion Cass. lix. 20 ; Joseph. 
Antiq. xix. 1. § 14.) One of these is mentioned 
by P. Victor (ftegio ix.) as the crypto UaWi, at- 
tached to the theatre built by Cornelius Balbus at 
the instigation of Augustus (Suet Aug. 29 ; Dion 
Cass. liv. 25), which is supposed to be the ruin 
now seen in the Via di S. Maria di Cacaberis, be- 
tween the church of that name and the S. Maria 
di Pianto. 

2. A grotto, particularly one open at both ex- 
tremities, forming what in modern language is 
denominated a " tunnel," like the grotto of Pausi- 
lippo, well known to every visitant of Naples. 
This is a tunnel excavated in the lufn rock, about 
20 feet high, and 1800 long, forming the direct 
communication between Naples and Pozzuoli (I'u- 
taji), called by the Romans cryjita Neajwlitana, 
and described by Seneca (Epist. 57) and Strabo 
who calls it $itipv£ xpwrrT] (v. p. 240" ; compare 
Petron. Frag. xiii.). 

A subterranean vault used for any secret wor- 
ship, but more particularly for the licentious rites 
consecrated to Priapus, was also called crypla. 
(Petron. Sat. xvi. 3 ; compare xvii. 8.) 

3. When the practice of consuming the body by 
fire was relinquished [ Fi'Ni.s], and a number of 
bodies were consigned to one place of burial, as 
the catacombs for instance, this common tomb was 
called crypla. (Salmas. Exercit. 1'Iinian. p. 850 ; 
Aring. Horn. Suhtrrr. i. 1. S B ; Prudent, rifpl 
iTtip. xi. 1 58.) One of these, the crypla Nepo- 
liana, which was in the ricus I'utricius, under the 
Esquilinc (Fcstus, ». v. Sejitimontium), was used 
by the early Christians, during the times of their 
persecution, as a place of secret worship, as well 
as of interment, and contains many interesting 
inscriptions. (Nardini, Horn. Antic, iv. 3 ; Mait- 
land. The Church in the. Catacom/is.) [A. R.] 

CRYPTEIA (Kptnrrtla, also called Kpxnrria. 
or xpuxT^), was, according to Aristotle (up. I'lut. 
J.yr. 28), an institution introduced at Sparta by 
the legislation of Lycurgus. Its character was so 
cruel and atrocious, that I'lutirch only with great 
reluctance submitted to the authority of Aristotle 



in ascribing its introduction to the Spartan law- 
giver. The description which he gives of it is 
this : — The ephors, at intervals, selected from 
among the young Spartans, those who appeared to 
be best qualified for the task, and sent them in 
various directions all over the country, provided 
with daggers and their necessary food. During 
the daytime, these young men concealed them- 
selves ; but at night they broke forth into the 
high-roads, and massacred those of the helots 
whom they met, or whom they thought proper. 
Sometimes also they ranged over the fields 1 in the 
daytime) and despatched the strongest and best of 
the helots. This account agrees with that of 
Heracleides of Pontus (c. 2), who speaks of the 
practice as one that was still carried on in his own 
time, though he describes its introduction by Ly- 
curgus only as a report. 

The crypteia has generally been considered 
either as a kind of military training of the Spartan 
youths, in which, as in other cases, the lives of 
the helots were unscrupulously sacrificed ; or as a 
means of lessening the numbers and weakening 
the power of the slaves. But Miiiler (Doriuns, 
iiL 3. § 4), who is anxious to soften the notions 
generally current respecting the relations between 
the helots and their masters, supposes that Plutarch 
and Heracleides represent the institution of the 
crypteia u as a war which the ephors themselves, 
on entering upon their yearly office, proclaimed 
against the helots." Heracleides, however, does 
not mention this proclamation at all ; and Plutarch, 
who mentions it on the authority of Aristotle, 
does not represent it as identical with the crypteia. 
Miiller also supposes that, according to the re- 
ceived opinion, this chase of the slaves took place 
regularly every year ; and showing at once the 
absurdity of such an annual proclamation of war 
and massacre among the slaves, he rejects what he 
calls the common opinion altogether as involved in 
inextricable difficulties, and has recourse to Plato 
to solve the problem. But Thirlwall (Hist. Greece, 
vol. L p. 311) much more judiciously considers 
that this proclamation of war is not altogether 
groundless, but only a misrepresentation ol some- 
thing else, and that its real character was most 
probably connected with the crypteia. Now, if we 
suppose that the thing here misrepresented and 
exaggerated into a proclamation of war, was some 
promise which the ephors on entering upon their 
office were obliged to make, for instance, to protect 
the state against any danger that might arise from 
too great an increase of the numbers and power 
of the helots — a promise which might very easily 
be distorted into a proclamation of war — there is 
nothing contrary to the spirit of the legislation of 
Lycurgus ; and such an institution, by no means 
surprising in a slave-holding state like Sparta, 
where the number of free citizcnB was coni|>ara- 
tively very small, would have conferred upon the 
ephors the legal authority occasionally to send out 
a number of young Spartans in chase of the helots. 
(Isocr. J'anath. p. 271, b.) That on certain oc- 
casions, when the state had reason to fear the 
overwhelming number of slaves, thousands were 
massacred with the sanction of the public authori- 
ties, is a well-known fact (Thucyd. iv. 80.) It 
is, however, probable enough that such a system 
may at first have been carried on with some degree 
of moderation ; but after attempts had been made 
by the slaves to emancipate themselves and put 
11 u 2 



372 



CUBITUS. 



CUDO. 



their masters to death, as was the case during and 
after the earthquake in Laconia, it assumed the 
barbarous and atrocious character which we have 
described above. (Compare Plut. Lye. 28, sub fin.) 
If the crypteia had taken place annually, and at a 
fixed time, we should, indeed, have reason, with 
Muller, to wonder why the helots, who in many 
districts lived entirely alone, and were united by 
despair for the sake of common protection, did not 
every year kindle a most bloody and determined 
war throughout the whole of Laconia ; but Plutarch, 
the only authority on which this supposition can 
rest, does not say that the crypteia took place 
every year, but 5ia xpoVou, i. e. " at intervals," or 
occasionally. (Hermann, ad Viger. p. 856.) The 
difficulties which Muller finds in what he calls the 
common account of the crypteia, are thus, in our 
opinion, removed, and it is no longer necessary to 
seek their solution in the description given by 
Plato (De Leg. i. p. 633, vi. p. 763), who pro- 
posed for his Cretan colony a similar institution 
under the name of crypteia. From the known 
partiality of Plato for Spartan institutions, and his 
inclination to represent them in a favourable light, 
it will be admitted that, on a subject like this, his 
evidence will be of little weight. And when he 
adopted the name crypteia for his institution, it 
by no means follows that he intended to make it 
in every respect similar to that of Sparta ; a partial 
resemblance was sufficient to transfer the name of 
the Spartan institution to that which he proposed 
to establish ; and it is sufficiently clear, from his 
own words, that his attention was more particu- 
larly directed to the advantages which young sol- 
diers might derive from such hardships as the 
Kpvirroi had to undergo. But even Plato's colony 
would not have been of a very humane character, 
as his KpwirTo'i were to go out in arms and make 
free use of the slaves. ["L. S.] 

CRYPTOPO'RTICUS. [Crypta.] 

CUBICULA'RII, were slaves who had the 
care of the sleeping and dwelling rooms. Faithful 
slaves were always selected for this office, as they 
had, to a certain extent, the care of their master's 
person. When Julius Caesar was taken by the 
pirates, he dismissed all his other slaves and 
attendants, only retaining with him a physician 
and two cubicularii. (Suet. Cues. 4 ) It was the 
duty of the cubicularii to introduce visiters to their 
master (Cic. ad Att. vi. 2. § S, in Verr. iii. 4) ; 
for which purpose they appear to have usually re- 
mained in an ante-room (Suet. Tib. 21, Bom. 16). 
Under the later emperors, the cubicularii belong- 
ing to the palace were called praepositi sacro cubiculo, 
and were persons of high rank. (Cod. 12, tit. 5.) 

CUBI'CULUM, usually means a sleeping and 
dwelling room in a Roman house [Domus], but is 
also applied to the pavilion or tent in which the 
Roman emperors were accustomed to witness the 
public games. (Suet. Ner. 12 ; Plin. Paneg. 51.) 
It appears to have been so called, because the 
emperors were accustomed to recline in the cubicula, 
instead of sitting, as was anciently the practice, in 
a sella curulis. (Ernesti, ad Suet. I. c.) 

CU'BITUS(7njxus), a measure of length used by 
the Greeks, Romans, and other nations, was origi- 
nally the length of the human arm from the elbow 
to the wrist, or to the tip of the forefinger ; the 
latter was its signification among the Greeks and 
Romans. It was equal to a foot and a half ; and 
therefore the Roman cubit was a little less, and 



the Greek cubit a little more, than a foot and a 
half English. The cubit was divided by the 
Greeks into 2 spans {airiBaficd), 6 hand-breadths 
(■naKatcrTai), and 24 finger breadths (SciktuAoi), 
and by the Romans into 11 feet, 6 breadths (palmi), 
and 24 thumb-breadths (pollices). (Wurm, De 
Pond. Mens. &c. ; Hussey, On Ancient Weights, 
&c, see the Tables.) Respecting the Egyptian 
and other cubits, see Bb'ckh, Metrol. Untersuch. 
p. 211. [P.S.] 

CUBUS, a vessel, the sides of which were 
formed by six equal squares (including the top), 
each square having each of its sides a foot long. 
The solid contents of the cube were equal to the 
amphora. (Rhem. Fann. Be Pond, &c. v. 59 — 
62 ; Metretes). In Greek kvSos is the equiva- 
lent of the Latin Tessera. [P. S.] 

CUCULLUS, a cowl. As the cowl was in- 
tended to be used in the open air, and to be drawn 
over the head to protect it from the injuries of the 
weather, instead of a hat or cap, it was attached 
only to garments of the coarsest kind. Its form is 
seen attached to the dress of the shepherd in the 
annexed woodcut, which is taken from a gem in 
the Florentine cabinet, and represents a Roman 
shepherd looking at the she-wolf with Romulus 
and Remus. The cucullus was also used by per- 




sons in the higher circles of society, when they 
wished to go abroad without being known. (Juv. 
vi. 330.) The use of the cowl, and also of the 
cape [Birrus], which served the same purpose, 
was allowed to slaves by a law in the Codex Theo- 
dosianus. (Vossius, Etym. Ling. Lot. s. v. Birrus.) 
Cowls were imported into Italy from Saintes in 
France (Santonico cucullo, Juv. viii. 145 ; Schol. 
in loc.), and from the country of the Bardaei in 
Illyria. (Jul. Cap. Pertinax, 8.) Those from the 
latter locality were probably of a peculiar fashion, 
which gave origin to the term Bardocucullus. 
Liburnici ouculli are mentioned by Martial (xiv. 
139.) [J. Y.] 

CUDO or CUDON, a skull-cap, made of leather 
or of the rough shaggy fur of any wild animal 
(Sil. Ital. viii. 495, xvi. 59), such as were worn 
by the velites of the Roman armies (Polyb. vi. 20), 
and apparently synonymous with galerus (Virg. 
Aen. vii. 688) or galericulus. (Frontin. Strategem. 
iv. 7. § 29.) In the sculptures on the Column of 
Trajan, some of the Roman soldiers are repre- 
sented with the skin of a wild beast drawn over 
the head, in such a manner that the face appears 
between the upper and lower jaws of the animal, 
while the rest of the skin falls down behind over 
the back and shoulders, as described by Virgil 
(Aen. vii. 666). This, however, was an extra de- 
fence (Polyb. I. c), and must not be taken for the 
cudo, which was the cap itself ; that is, a particular 



CULPA. 

kind of galea. [Galea.] The following' repre- 
sentation of a ciido is taken from Choul's Castra- 
men. des Anciens Jiomains, 1581. [A. R.] 




CULCITA. [L.BCTU8.] 

CU'LEUS, or CU'LLEUS, a Roman measure, 
which was used for estimating the produce of vine- 
yards. It was the largest liquid measure used by 
the Romans, containing 20 amphorae, or 1 60 congii, 
that is, almost 1 1 9 gallons. ( Rhem. Fann. De Pond. 
ficc v. 86, 87 ; Plin. //. A r . xiv. 4 ; Varrn, R. R. 
L 2. § 7 ; Colum. iii. 3.) [P. S.] 

CU'LEUS or CU'LLEUS, a sack used in the 
punishment of parricides.. [Lex Cornelia de 
Sicariis.] 

CULI'NA. [Domis.] 

CULPA. The general notion of dolus malus 
may be conveniently explained under this head. 

Culpa in its most general juristical sense of any 
illegal act of commission or omission comprehends 
dolus malus. But the special meaning of culpa is 
distinct from that of dolus malus. Dolus malus is 
thus denned by Labeo (Dig. 4. tit. 3. s. 1): — 
" Dolus malus est omnis calliditas, fallacia, machi- 
natio ad circumveniendum, fallendum, decipiendum 
alteram adhibita." Dolus malus, therefore, has 
reference to the evil design with which an act is 
accomplished to the injury of another ; or it may 
be the evil design with which an act is omitted that 
ought to be done. The definition of Aquilius, a 
learned jurist, the friend of Cicero and his colleague 
in the praetorship (de OJf. iii. 14), labours under the 
defect of the definition of Servius, which is criticised 
by Labeo. (Dig. 4. tit. 8. s. 1.) This seems to be 
the Aquilius who, by the edict, gave the action of 
dolus malus in all cases of dolus malus where there 
was no legislative provision, and there was ajusta 
causa. (Cic. de Nat. Dear. iii. 30.) 

It is sometimes considered that culpa in the 
special sense may be cither an act of commission 
or omission ; and that an act may fall short of 
dolus, as not coming within the above definition, 
but it may approach very near to dolus, and so be- 
come culpa dolo proxima. But the characteristic 
of culpa appears to be omission. It is true that 
the damnum whirh is necessary to constitute culpa 
is often the consequence of some act ; but the act 
derives its ail pose character rather from something 
that is omitted than from what is done. 

Culpa then being characterised by an act of 
omission {negligentia), or omissio diligentiae, the 
question always is, how far is the person charged 
with culpa bound to look after the interest of an- 
other, or to use diligentia. There is in such ge- 
neral obligation, but there is such obligation in 
particular cases. Culpa is sometimes divided into 
lata, levis, and levissima. Lata culpa " est i, ...... i 



CULTER. 373 
negligentia, id est, non intelligere quod omnes 
intelligunt." (Dig. 50. tit. 16. s. 213.) If then one 
man injured the property of another by gross care- 
lessness, he was always bound to make good the 
damage (damnum praestare). Such culpa was not 
dolus, because there was not intention or design, 
but it was as bad in its consequences to the person 
charged with it. 

Levis culpa is negligence of a smaller degree. 
He who is answerable for levis culpa, is answer- 
able for injury caused to the property of another 
by some omission, which a careful person could 
have prevented. For instance, in the case of a 
thing lent [Commodatu.m], a man must tike at 
least as much care of it as a careful man does of 
his own property. There is never any culpa, if 
the person charged with it has done all that the 
most careful person could do to prevent loss or 
damage. Levissima culpa came within the mean- 
ing of the term culpa in the lex Aquilia ; that is, 
any injury that happened to one man's property 
through the conduct of another, for want of such 
care as the most careful person would take, was a 
culpa, and therefore punishable. But the expres- 
sion levissima culpa is said to occur only once in 
the Digest (Dig. 9. tit 2. s. 44). 

In the passage of Horace (Sat. iL 2. 123.) 

" Post hoc ludus crat culpa potare magistra," 

Bentley has the absurd emendation of " cuppa." 
The general meaning of culpa in the Roman 
writers is well explained by Hasse (p. 8). There 
is great difficulty in stating the Roman doctrine 
of dolus and culpa, and modem jurists are by 
no means agreed on this matter. The chief essay 
on this subject is the classical work of Hasse 
" Die Culpa des Rbmischen Rechts, second edition 
by Bcthmann — Hollweg, 1838. Hassc's view is 
briefly explained in a note bv Rosshirt, to his edi- 
tion of Mackeldcy's Lchrbuch, § 342 (12th ed.) ; 
but it requires a careful study of his work to com- 
prehend Hasse's doctrine fully, and to appreciate the 
great merits of this excellent essay. What is stated 
in this short article is necessarily incomplete, and 
may be in some respects incorrect. [G. L.] 

CULTER (probably from cello, perct llo ; dim. 
culteJlus, Engl, coulter ; in southern Germany, das 
/colter ; French, couteau ; Greek, uixaipa, KOwts. 
or a<pay(s), a knife with only one edge, which 
formed a straight line. The blade was pointed 
and its back curved. It was used for a variety of 
purposes ; but chiefly for killing animals cither 
in the slaughter-house, or in hunting, or at the 
altars of the gods. (Liv. iii. 48 ; Scribonius, 
Compos. Metl. 13 ; Suet. Aug. 9 ; Phut. Hud. i. 2. 
45 ; Virg. Georg. iii. 492 ; Ovid. Fust. i. 321.) 
Hence the expressions — torem ad cultrum emere, 
** to buy an ox for the purpose of slaughtering it " 
(Varro, De He Hust. ii. 5) ; me suli cultro lim/uit, 
" he leaves me in a state like that of a victim dragged 
to the altar" (Hor. Sat. i. 9. 74) ; st ail cultrum, 
locare, u to become a besliarius" (Seneca, Bp. 87). 
From some of the passages above referred to, it 
would appear that tin- culler was carried in a kind 
of sheath. The priest who conducted a sacrifice 
never killed the victim himself ; but one of his 
ministri, appointed fur that purpose, who was called 
eithi r by tin- general name minister, or the more 
specific or rultrariiis. (Sort. ('alio. 32.) A 

tomb-stone of a cultrarius is still extant, and upon 
it two cultri arc representcJ (Grutcr, Inscript. vol. 
n n 3 



374 



CUPA. 



ii. p. 640. No. 11), which are copied in the an- 
nexed woodcut. 



Q.TIBVRTI.Q.L 

MENOLAN1 

CVLTRAIU. OSSA 
HE XC. SIT A. . SVNT 




c 



3 



The name culter was also applied to razors (Cic. 
De Of. ii. 7 ; Plin. vii. 59 ; Petron. Sat 108), 
and kitchen knives (Varro, ap. Non. iii. 32). That 
in these cases the culter was different from those 
above represented, and most probably smaller, is 
certain ; since whenever it was used for shaving or 
domestic purposes, it was always distinguished 
from the common culter by some epithet, as cutter 
tonsorius, cutter coquinaris. Fruit knives were also 
called cultri ; but they were of a smaller kind 
(cultelli), and made of bone or ivory (Colum. xii. 
14, 45 ; Plin. xii. 25 ; Scribon. c. 83). Colu- 
mella, who gives (iv. 25) a very minute descrip- 
tion of a fabc viniioria, a knife for pruning vines, 
says that the part of the blade nearest to the 
handle was called culter on account of its similarity 
to an ordinary culter, the edge of that part form- 
ing a straight line. This culter according to him 
was used when a branch was to be cut off which 
required a hard pressure of the hand on the knife. 
The name culter, which was also applied to the 
sharp and pointed iron of the plough (Plin. H. N. 
xviii. 18. 48), is still extant in English, in the form 
coulter, to designate the same thing. [Aratrum.] 
The expression in cuttrum or in cultro collocatus 
(Vitruv. x. 10, 14) signifies placed in a perpendi- 
cular position. [L. S.] 
CULTRA'RIUS. [Culter.] 
CTJ'NEUS. [Exercitus ; Theatrum.] 
CUNI'CULUS (vtt6voij.os). A mine or pas- 
sage underground was so called from its resemblance 
to the burrowing of a rabbit. Thus Martial (xiii. 
60) says, 

" Gaudet in effossis habitare cuniculus antris, 
Monstravit tacitas hostibus ille vias." 

Fidenae and Veii are said to have been taken 
by mines, which opened, one of them into the 
citadel, the other into the temple of Juno. (Liv. 
iv. 22, v. 19.) Niebuhr (Hist. Rom. vol. ii. 
p. 483) observes that'there is hardly any authen- 
tic instance of a town being taken in the manner 
related of Veii, and supposes that the legend arose 
out of a tradition that Veii was taken by means of 
a mine, by which a part of the wall was over- 
thrown. [R. W.] 

CUPA, a wine-vat, a vessel very much like the 



CURATOR. 

dolium, and used for the same purpose, namely, to 
receive the fresh must, and to contain it during the 
process of fermentation. The inferior wines were 
drawn for drinking from the cupa, without being 
bottled in ampliorae, and hence the term vinum de 
cupa (Varr. ap. Non. ii. 113 ; Dig. 18. tit. 6. s. 1. 
§ 4). The phrase in Horace (Sat. ii. 2. 123), cupa 
potare magistra, if correct, would mean, to make 
the wine vessel the sole magister bibendi ; Bentley 
adopts cupa in this passage, as another form of 
copa, a hostess, a word connected with caupo : this 
word occurs in Suetonius (Ner. 27), and one of 
Virgil's minor poems was entitled Copa or Cupa. 
(Charis. i. p. 47, Putsch.) In the passage of 
Horace, however, the reading cupa is only con- 
jectural : the MSS. give culpa, out of which a 
good sense can be made. (See the notes of Hein- 
dorf, Orelli, and Diintzer.) 

The cupa was either made of earthenware, like 
the dolium, or of wood, and covered with pitch. In 
the latter case, pine-wood was preferred (Plin. 
H. N. xvi. 10. s. 18). It was used for other 
purposes, such as preserved fruits and corn, form- 
ing rafts, and containing combustibles in war, 
and even for a sarcophagus. (See the passages 
cited by Forcellini, s. v.) [Comp. Dolium ; Vi- 
num.] [P. S.] 
CURA. [Curator.] 
CURATE'LA. [Curator.] 
CURA'TIO. [Curator.] 
CURA'TOR. Up to the time of pubertas, 
every Roman citizen, as a general rule, was inca- 
pable of doing any legal act, or entering into any 
contract which might be injurious to him. The 
time when pubertas was attained, was a matter of 
dispute ; some fixed it at the commencement of the 
age of procreation, and some at the age of fourteen. 
(Gaius, i. 169.) In all transactions by the impubes, 
it was necessary for the auctoritas of the tutor to 
be interposed. [Auctoritas ; Tutor.] With 
the age of puberty, the youth attained the capacity 
of contracting marriage and becoming a pater- 
familias : he was liable to military service, and 
entitled to vote in the comitia ; and consistently 
with this, he was freed from the control of a tutor. 
Females who had attained the age of puberty be- 
came subject to another kind of tutela. [Tutela.] 
With the attainment of the age of puberty by a 
Roman youth, every legal capacity was acquired 
which depended on age only, with the exception 
of the capacity for public offices, and there was no 
rule about age, even as to public offices, before the 
passing of the lex Villia. [Aediles.] It was, 
however, a matter of necessity to give some legal 
protection to young persons who, owing to their 
tender age, were liable to be overreached ; and 
consistently with the development of Roman juris- 
prudence, this object was effected without inter- 
fering with the old principle of full legal capacity 
being attained with the age of puberty. This was 
accomplished by the lex Plaetoria (the true name 
of the lex, as Savigny has shown), the date of 
which is not known, though it is certain that the 
law existed when Plautus wrote (Pseudolus, i. 3. 
69). This law established a distinction of age, 
which was of great practical importance, by form- 
ing the citizens into two classes, those above and 
those below twenty-five years of age (minores viginti 
quinque annis), whence a person under the last- 
mentioned age was sometimes simply called minor. 
The object of the lex was to protect persons under 



CURATOR. 



CURATOR. 



375 



twenty-five years of age against all fraud (rfo/its). 
Tlie person who was guilty of such a fraud was 
liable to a judicium publicum (Cic. De Nat. Dear. 
iii. 30), though the offence was such as in the 
case of a person of full age would only have been 
matter of action. The punishment fixed by the 
lex Plaetoria was probably a pecuniary penalty, 
and the consequential punishment of infamia or 
loss of political rights. The minor who had been 
fraudulently led to make a disadvantageous contract, 
might protect himself against an action by a plea 
of the lex Plaetoria (excejdio kgU Plaetoriae). 
The lex also appears to have further provided that 
any person who dealt with a minor might avoid all 
risk of the consequences of the Plaetoria lex, if the 
minor was aided and assisted in such dealing by a 
curator named or chosen for the occasion. But 
the curator did not act like a tutor : it can hardly 
be supposed that his consent was even necessary to 
the contract ; for the minor had full legal capacity 
to act, and the business of the curator was merely 
to prevent his being defrauded or surprised. 

The praetorian edict carried still further the 
principle of the lex Plaetoria, by protecting minors 
generally against positive acts of their own, in 
all cases in which the consequences might be 
injurious to them. This was done by the " in in- 
tegrum restitutio : " the praetor set aside trans- 
actions of this description, not only on the ground 
of fraud, but on a consideration of all the circum- 
stances of the case. But it was necessary for the 
minor to make application to the praetor, cither 
during his minority, or within one year after attain- 
ing his majority, if he claimed the restitutio ; a 
limitation probably founded on the lex Plaetoria. 
The provisions of this lex were thus superseded or 
rendered unnecessary by the jurisdiction of the 
praetor, and accordingly we find very few traces of 
the Plactorian law in the Roman jurists. 

Ulpian and his contemporaries speak of adole- 
scentes, under twenty-five years of age, being under 
the general direction and advice of curatores, as a 
notorious principle of law at that time. (Dig. 4. 
tit 4 ; De Minoribus xxv Annis.) The establish- 
ment of this general rule is attributed by Capito- 
linus (M. Anion, c. 10) to the emperor M. Aurelius 
in a passage which has given rise to much discussion. 
Savigny's explanation is as follows : — Up to the 
time of Marcus Aurelius there were only three 
cases or kinds of curatela : 1. That which was 
founded on the lex Plaetoria, by which a minor 
who wished to enter into a contract with another, 
asked the praetor for a curator, stating the ground 
or occasion of the petition (raltiita causa). One 
object of the application was, to save the other con- 
tracting party from all risk of judicial proceedings 
in consequence of dealing with a minor. Another 
object was, the benefit of the applicant (the minor); 
for no prudent person would deal with him, ex- 
cept with the legal security of the curator. (Plant. 
jTlMrfufal, i. '■'>. 69. "Lex me perdit quinavicenaria: 
metiiunt credere omncs.") 2. The curatela, which 
was given in the case of a man wasting his sub- 
itance, who was called " prodigus." 3. And that 
in the case of a man being of unsound mind, 
"demens," " furiosus." In both the last-mentioned 
cases provision was made either by the law or by 
the praetor. Curatores who wi re determined by 
the law of the Twelve Tables, were called legitimi ; 
those who were named by the praetor, were railed 
honorarii. A furiosus and prodigus, whatever 



might be their age, were placed under the cura of 
their agnati by the law of the Twelve Tables. 
When there was no legal provision for the appoint- 
ment of a curator, the praetor named one. Cura- 
tores appointed by a consul, praetor, or governor 
of a province (praeses), were not generally required 
to give security for their proper conduct, having 
been chosen as fit persons for the office. What 
the lex Plaetoria required for particular transac- 
tions, the emperor Aurelius made a general rule, 
and all minors, without exception, and without any 
special grounds or reasons (non redditis cuusis), 
were required to have curatores. 

The following is the result of Savigny's investiga- 
tions into the curatela of minors after the constitution 
of M. Aurelius. The subject is one of considerable 
difficulty, but it is treated with the most consum- 
mate skill, the result of complete knowledge, and 
unrivalled critical sagacity. The minor only re- 
ceived a general curator when he made application 
to the praetor for that purpose : he had the right 
of proposing a person as curator, but the praetor 
might reject the person proposed. The apparent 
contradiction between the rule which required all 
minors to have a curator, and the fact that the 
minor received a general curator only when he ap- 
plied for one, is explained by Savigny in his essay 
(p. 272, ice). The curator, on being appointed, 
had, without the concurrence of the minor, as 
complete power over the minor's property as the 
tutor had up to the age of puberty. He could 
sue in respect of the minor's property, get in 
debts, and dispose of property like a tutor. But it 
was only the property which the praetor intrusted 
to him that he managed, and not the acquisitions 
of the minor subsequent to his appointment ; and 
herein he differed from a tutor who had the care of 
all the property of the pupillus. If it was intended 
that the curator should have the care of that which 
the minor acquired, after the curator's appoint- 
ment, by will or otherwise, a special application 
for this purpose was necessary. Thus, as to the 
property which was placed under the care of the 
curator, both as regards alienation and the getting 
in of debts, the minor was on the same footing 
as the prodigus : his acts in relation to such mat- 
ters, without the curator, were void. But the 
legal capacity of the minor to contract debts was 
not affected by the appointment of a curator ; and 
he might be sued on his contract cither during 
his minority or after. Nor was there any incon- 
sistency in this: the minor could not spend his 
actual property, for the preservation of his property 
during minority was the object of the curator's ap- 
pointment. But the minor would have been de- 
prived of all legal capacity for doing any act if he 
could not have become liable on his contract. The 
contract was not in its nature immediately inju- 
rious, and when the time came for enforcing it 
against the minor, he had the general protection of 
the restitutio. If the minor wished to be adro- 
gated [AnnPTio], it was necessary to have the 
consent of the curator. It is not stated in the 
extant authorities what was the form of proceeding 
when it was necessary to dispose of any lUUUeilf 
of the minor by the mancipatio or in jure OMHO ; 
but it may be safely assumed that the minor acted 
(for he alone could act on such an occasion) and 
the curator gave his consent, which, in the case 
supposed, would lie nnnlogous to the auctorita* of 
the tutor. But it would differ from the auctoritas, 
ii ii 4 



376 



CURATOR. 



CURATORES. 



in not being, like the auctoritas, necessary to the 
completion of the legal act, but merely necessary 
to remove all legal objections to it when com- 
pleted. 

The cura of spendthrifts and persons of unsound 
mind, as already observed, owed its origin to the 
laws of the Twelve Tables. The technical word 
for a person of unsound mind in the Twelve Tables 
is furiosus, which is equivalent to demens ; and 
both words are distinguished from insanus. Though 
furor implies violence in conduct, and dementia only 
mental imbecility, there was no legal difference be- 
tween the two terms, so far as concerned the cura. 
Insania is merely weakness of understanding 
(stultitia constantia, id est, sanitate vacans, Cic. Tusc. 
Quaest. iii. 5), and it was not provided for by the 
laws of the T%velve Tables. In later times, the 
praetor appointed a curator for all persons whose 
infirmities required it. This law of the Twelve 
Tables did not apply to a pupillus or pupilla. If, 
therefore, a pupillus was of unsound mind, the 
tutor was his curator. If an agnatus was the 
curator of a furiosus, he had the power of alien- 
ating the property of the furiosus. (Gaius, ii. 64.) 
The prodigus only received a curator upon appli- 
cation being made to a magistrates, and a sentence 
of interdiction being pronounced against him (ei 
bonis interdictum est. Compare Cic. I)e Senec. c. 7). 
The form of the interdictio was thus : — " Quando 
tibi bona paterna avitaque nequitia tua disperdis, 
liberosque tuos ad egestatem perducis, ob earn rem 
tibi ea re commercioque interdico." The cura of 
the prodigus continued till the interdict was dis- 
solved. It might be inferred from the form of the 
interdict, that it was limited to the case of per- 
sons who had children ; but perhaps this was not 
so. (Dig. 27. tit. 10; Cod. S. tit. 70 ; Inst. i. 
tit. 23.) 

It will appear from what has been said, that, 
whatever similarity there may be between a tutor 
and a curator, an essential distinction lies in this, 
that the curator was specially the guardian of pro- 
pert} r , though in the case of a furiosus he must 
also have been the guardian of the person. A 
curator must, of course, be legally qualified for his 
functions, and he was bound, when appointed, to 
accept the duty, unless he bad some legal exemp- 
tion (excusatio). The curator was also bound to 
account at the end of the curatela, and was liable 
to an action for misconduct. 

The word cura has also other legal applications : 
— 1. Cura bonorum, in the case of the goods of a 
debtor, which are secured for the benefit of his 
creditors. 2. Cura bonorum et ventris, in the case 
of a woman being pregnant at the death of her 
husband. 3. Curaliereditatis, in case of a dispute 
as to who is the heres of a person, when his sup- 
posed child is under age. 4. Cura hereditatis 
jacentis, in the case of a property, when the heres 
had not yet declared whether or not he would ac- 
cept the inheritance. 5. Cura bonorum absentis, in 
the case of property of an absent person who had 
appointed no manager of it. 

This view of the curatela of minors is from an 
essay by Savigny, who has handled the whole 
matter in a way equally admirable, both for the 
scientific precision of the method and the force and 
perspicuity of the language. ( Von dem Sclmtz der 
Minderjahrigen, Zeitschrift. vol. x. ; Savigny, Vom 
Beruf, &c. p. 102 ; Gaius, i. 197; Ulp. Frag. xii. ; 
Dirksen, Uebersicht, &c. Tab. v. Frag. 7 ; Mac- 



keldey, Lelirbuch des heutiqen Romischen Rechts, 
§ 588, <kc. (12th ed.) ; Th'ibaut, System des Pan- 
dekten-Rechts, § 786, &c. 9th ed. &c.) [G. L.] 

CURATO'RES, were public officers of various 
kinds under the Roman empire, several of whom 
were first established by Augustus. (Suet. Aug. 
37.) The most important of them were as fol- 
low : — 

1. Curatores Alvei et Riparum, who had 
the charge of the navigation of the Tiber. The 
duties of their office may be gathered from Ulpian 
(Dig. 43. tit. IS). It was reckoned very honour- 
able, and the persons who filled it received after- 
wards the title of comites. 

2. Curatores Annonae, who purchased corn 
and oil for the state, and sold it again at a small 
price among the poorer citizens. They were also 
called curatores emendi frumenti et olei, and 
aiTwuai and iAamvai. (Dig. 50. tit. 5. s. 1-8. § 5.) 
Their office belonged to the personalia munera; 
that is, it did not require any expenditure of a 
person's private property : but the curatores re- 
ceived from the state a sufficient sum of money to 
purchase the required amount. (Dig. 50. tit. 8. 
s. 9. § 5.) 

3. Curatores Aquarum. [Aquae Duc- 
tus.] 

4. Curatores Kalendarii, who had the 
care in municipal towns of the kalendaria ; that is, 
the books which contained the names of the per- 
sons to whom public money, which was not wanted 
for the ordinary expenses of the town, was lent on 
interest. The office belonged to the personalia 
munera. (Dig. 50. tit. 4. s. 18. § 2; tit. 8. s. 9. 
§ 7; Heinecc. Anliq. Rom. iii. 15. § 4.) These 
officers are mentioned in inscriptions found in mu- 
nicipal towns. (Orelli, Inscrip. No. 3940, 4491.) 

5. Curatores Ludorum, who had the care of 
the public games. Persons of rank appear to have 
been usually appointed to this office. (Tacit. Ann. 
xi. 35, xiii. 22 ; Suet. Cal. 27.) In inscriptions, 
they are usually called curatores muneris gladia- 
torii, &c. 

6. Curatores Operum Publicorum, who 
had the care of all public buildings, such as the 
theatres, baths, aquaeducts, &c, and agreed with 
the contractors for all necessary repairs to them. 
Their duties under the republic were discharged 
by the aediles and censors. [Censores.] They 
are frequently mentioned in inscriptions. (Orelli, 
Inscrip. No. 24, 1506, 2273.) 

7. Curatores Regionum, who had the care 
of the fourteen districts into which Rome was 
divided, and whose duty it was to prevent all 
disorder and extortion in their respective dis- 
tricts. This office was first instituted by Augus- 
tus. (Suet. Aug. 30.) There were usually two offi- 
cers of this kind for each district ; Alexander 
Severus, however, appears to have appointed only 
one for each ; but these were persons of consular 
rank, who were to have jurisdiction in conjunction 
with the praefectus urbi. (Lamprid. Alex. Sev. 33.) 
We are told that M. Antoninus, among other 
regulations, gave special directions that the cura- 
tores regionum should either punish, or bring 
before the praefectus urbi for punishment, all per- 
sons who exacted from the inhabitants more than 
the legal taxes. (Jul. Capitol. M. Anton. 12.) 

8. Curatores Reipublicae, also called Lo- 
gistae, who administered the landed property 
of municipia. (Dig. 50. tit. 8. s. 9. § 2 ; 2. tit. 14 



CURIA. 

8. 37.) Ulpian wrote a separate v.-ork, De Officio 
Curatoris Reipublicae. 

9. CURATORES VlARUM. [VlAE.] 

CU'RIA, signifies both a division of the Roman 
people and the place of assembly for such a divi- 
sion. Various etymologies of the word have been 
proposed, but none seems to be so plausible as that 
which connects it with the Sabine word quiris or 
curis (whence the surname of Juno Curitia among 
the Sabines). 

Each of the three ancient Romulian tribes, 
the Ramnes, Tities, and Luceres, was subdivided 
into 10 curiae, so that the whole body of the 
populus or the patricians were divided into 30 
curiae. (Liv. i. 13 ; Dionys. iL 7, 23 ; Plut. /torn. 
19.) The plebeians had no connection whatever 
with the curiae, and the clients of the patricians 
were members of the curiae only in a passive sense. 
(Fcst. p. 285, cd. Miiller ; comp. Patricii, Gens.) 
All the members of the different gentes belonging 
to one curia were called, in respect of one another, 
curiales. The division into curiae was of great 
political importance in the earliest times of Rome, 
for the curiae alone contained those that were 
real citizens, and their assembly alone was the 
legitimate representative of the whole people 
[Comitia clriata], from whom all other powers 
emanated. The senators and equitcs were of 
course chosen from among them ; but their import- 
ance was especially manifest in the religious affairs 
of the state. Each curia as a corporation had its 
peculiar sacra (Fest pp. 174, 245; Paul. Diac. 
p. 49, ed. Miiller), and besides the gods of the 
state, they worshipped other divinities and with 
peculiar rites and ceremonies. For such religious 
purposes each curia had its own place of worship, 
called curia, which at first may have contained 
nothing but an altar, afterwards a sacellum, and 
finally a building in which the curiales assembled 
for the purpose of discussing political, financial, re- 
ligious and other matters. (Paul. Diac. pp. 62, 
64 ; Dionys. ii. 50.) The religious affairs of each 
curia were taken care of by a priest, curio, who 
was assisted by another called curialis Flamen. 
(PanL Diac. pp. 49, 64; Varro, De L. L. v. 83, 
ft 46; Dionys. ii. 21 ; comp. Curio.) The 30 
curiae had each its distinct name, which arc said 
to have been derived from the names of the Sabine 
women who had been carried off by the Romans, 
though it is evident that some derived their names 
from certain districts or from ancient eponymous 
heroes. Few of these names only arc known, such 
as curia Titin, Faucia, Calabra, Foriensis, R.ipta, 
Velicnsis, Tifata. (Paul. Diac. pp. 49, 366 ; Fest 
p. 174 ; Liv. i. 13; Dionys. ii. 47 ; Cic De Re 
I'M. ii. 8.) The political importance of the curiae 
sank in proportion as that of the plebeians and 
afterwards of the nobilitas rose ; but they still 
continued the religious observances of their cor- 
poration, until in the end these also lost their im- 
portance and almost fell into oblivion. (Ov. Fast. 
ii. 527, &c.) 

Curia is also used to designate the place in 
which the senate held its meetings, such as curia 
llostilia, curia Julia, curia Marcelli, curia Pompeii, 
curia Octaviae, and from this there gradually arose 
the custom of calling the senate itself in the Italian 
towns curia, but never the senate of Rome. The 
official residence of the Salii, which was dedicated 
to Mars, was likewise styled curia. (Cic. de Dir. 
i. 17; Dionys. xiv. 5; Plut. Camiit. 32; comp. 



CURIUS. 377 
Becker, Handb. der Rom. Alterth vol. ii. part i. 
p. 31, &c.) [L. S.] 

CU'RIA (BovKcvTripiov, yepovaia), in archi- 
tecture. The building in which the highest coun- 
cil of the state met, in a Greek or Latin citv, is 
described by Vitruvius as being adjacent to the 
agora or forum. Its form was quadrangular ; 
either square or oblong. If square, its height was 
one and a half times its length : if oblong, the height 
was half the sum of the length and breadth. Thus, 
a senate house 40 feet square would be 60 feet 
high : and one 60 feet by 40 would be 50 feet high : 
which are somewhat remarkable proportions. Half 
way up each wall there was a projecting shelf or 
cornice to prevent the voice being lost in the height 
of the building. Vitruvius says nothing of columns 
in the curia, but we know that in some Greek 
senate houses, as in that at Phocis, there were 
rows of columns down each side, very near the wall 
(Paus. viii. 32, x. 5), and this also was the case at 
Pompeii. A sort of religious character was con- 
ceived to belong to the senate house ; and there 
were often statues of the gods placed in it. (Paus. 
/. c.) Respecting the three curiae at Rome, the 
Hostilia, the Julia, and the Pompeiana, see Diet, of 
Gr. and Rom. Geot;. art Roma. ( Vitruv. v. 2 ; 
Stieglitz, A reh'dol. d. Baukunst, vol. iii. p. 21 ; Hilt, 
Lehre d. Gebdude, pp. 186—188). [P. S.] 

CURIA'TA COMI TIA. [Comitia.] 

CU'RIO, the person who stood at the head of a 
curia, and had to manage its affairs, especially 
those of a religious nature (Dionys. ii. 7, 65 ; 
Varro, De /,. L. v. 15, 32, vi. 6) : in their ad- 
ministration he was assisted by another priest, 
called flamen curialis. (Paul. Diac. p. 64 ; Dionys. 
ii. 21, 64.) As there were thirty curiae, the number 
of curiones was likewise thirty, and they formed a 
college of priests, which was headed by one of 
them bearing the title of curio maximus. (Paul. 
Diac. p. 126 ; Liv. xxvii. 8.) He wa3 elected in 
the comitia curiata, and had authority over the 
curiae as well as over the curiones. It need hardly 
be observed, that the office of curio could not be 
held by any one except a patrician ; at a com- 
paratively late time we indeed find now and then 
a plebeian invested with the office of curio maximus 
(Liv. xxvii. 8, xxxiii. 42), but this only shows how 
much the ancient institution of the curiae had 
then lost of its original meaning and importance ; 
and at the time when the plebeians had gained 
access to priestly dignities, the office of curio seems 
to have been looked upon in the light of any other 
priestly dignity, and to have been conferred upon 
plebeians no less than upon patricians. [L. S.j 

CU'RII'S (Kvptot), signifies generally the per- 
son that was responsible for the welfare of such 
members of a family as the law presumed to be 
incapable of protecting themselves ; as, for instance, 
minors and slaves, and women of all ages. Fathers, 
therefore, and guardians, husbands, the nearest 
male relatives of women, and masters of families, 
would all bear this title in respect of the vicarious 
functions exercised by them in behalf of the re- 
spective objects of their care. The qualifications 
of all these, in respect of which they can be com- 
bined in one class, designated by the term OWMUa 
*rOre the male sex, years of discretion, freedom, 
and when citizens a sufficient share of the franchise 
(/iriTHifa) to enable them to appear in the law 
courts as plaintiffs or defendants in behalf of their 
several charges ; in the case of the curiu* being a 



378 



CURRUS. 



CURRUS. 



resident alien, the deficiency of franchise would be 
supplied by his Athenian patron {irpouTa.T-r]s). 
The duties to be performed, and in default of their 
performance, the penalties incurred by guardians, 
and the proceedings as to their appointment, are 
mentioned under their more usual title [Epitro- 
pus]. 

The business of those who were more especially 
designated curii in the Attic laws, was to protect 
the interests of women, whether spinsters or widows, 
or persons separated from their husbands. If a 
citizen died intestate, leaving an orphan daughter, 
the son, or the father, of the deceased was bound 
to supply her with a sufficient dowry, and give her 
in marriage ; and take care both for his own sake 
and that of his ward, that the husband made a 
proper settlement in return for what his bride 
brought him in the way of dower {a.irojiixriij.a, 
Harpocr.). In the event of the death of the hus- 
band or of a divorce, it became the duty of the 
curius that had betrothed her, to receive her back 
and recover the dowry, or at all events ali- 
mony from the husband or his representatives. If 
the father of the woman had died intestate, with- 
out leaving such relations as above-mentioned sur- 
viving, these duties devolved upon the next of 
kin, who had also the option of marrying her him- 
self, and taking her fortune with her, whether it 
were great or small. (Bunsen, De J. H. Ath. p. 46.) 
If the fortune was small, and he was unwilling to 
marry her, he was obliged to make up its defici- 
encies according to a regulation of Solon (Dem. 
c. Macart. p. 1068) ; if it were large he might, it 
appears, sometimes even take her away from a 
husband to whom she had been married, in the 
lifetime and with the consent of her father. 

There were various laws for the protection of 
female orphans against the neglect or cruelty of 
their kinsmen ; as one of Solon's (Diod. xii. 
p. 298), whereby they could compel their kinsmen 
to endow or marry them ; and another which after 
their marriage enabled any Athenian to bring an 
action KaKuaeais, to protect them against the 
cruelty of their husbands (Petit. Leg. Att. p. 543) ; 
and the archon was specially entrusted with official 
power to interfere in their behalf upon all occasions. 
(Dem.c. Macart. p. 1076.) [Kakosis.] [J.S.M.] 

CURRUS (apfia), a chariot, a car. These 
terms appear to have denoted those two-wheeled 
vehicles for the carriage of persons, which were 
open overhead, thus differing from the carpentum, 
and closed in front, in which they differed from 
the cisium. The most essential articles in the 
construction of the cmrus were : — 

1. The antyx (&vtv%), or rim ; and it is accord- 
ingly seen in all the chariots which are represented 
either in this article or at pp. 101,238. [Antyx.] 

2. The axle, made of oak ((pityivos %fy>v, Horn. //. 
v. 838, imitated by Virgil, faginus axis, Georg. iii. 
172), and sometimes also of ilex, ash, or elm. 
(Plin. II. N. xvi. 84.) The axle was firmly fixed 
under the body of the chariot, which, in reference 
to this circumstance, was called virzpTep'ia, and 
which was often made of wicker-work, inclosed 
by the &i>tv£ (Horn. II. xxiii. 335, 436 ; Hes. 
Sent. 306). 

3. The wheels (kvk\o., rpoxol, rotae) revolved 
upon the axle as in modern carriages ; and they 
were prevented from coming off by the insertion of 
pins (vepSvai, Z/iSohoi) into the extremities of the 
axle (aKpa^ovia). The parts of the wheel were as 



follows : — (a) The nave, called irXriixvri (Horn. 
E. v. 726, xxiii. 339 ; Hes. Scut. 309), x°^kU, 
modiolus (Plin. H. N. ix. 3). The two last terms 
are founded on the resemblance of the nave to a 
modius or bushel. (b) The spokes, Kuri/xai (literally, 
tlte legs), radii. The number of spokes of course 
differed in different wheels. On one occasion we 
read of eight (oKTa.KVTip.ia, II. v. 723). (c) The filly, 
itus (Horn. II. v. 724). This was commonly made 
of some flexible and elastic wood, such as poplar {II. 
iv. 482 — 486), or the wild fig, which was also used 
for the rim of the chariot ; heat was applied to assist 
in producing the requisite curvature. (II. xxi. 37, 
38, compared withTheocrit. xxv. 247 — 251.) The 
felly was, however, composed of separate pieces, 
called arcs (ai|/i5es, Hes. Op. et Dies, 426). Hesiod 
(I. c.) evidently intended to recommend that a 
wheel should consist of four pieces, (d) The tire, 
emo-aTpov, canthus. Homer (II. v. 725) describes 
the chariot of Hera as having a tire of bronze upon 
a golden felly, thus placing the harder metal in a 
position to resist friction, and to protect the softer. 

4. The pole ((>vjj.6s, temo). It was firmly fixed 
at its lower extremity to the axle ; and at the 
other end (aKpofipvpuov) the pole was attached to 
the yoke either by a pin (ijxSoKos), as shown in 
the chariot engraved below, or by the use of ropes 
and bands [Jugum]. 

All the parts now enumerated are seen in an 
ancient chariot preserved in the Vatican, a repre- 
sentation of which is given in the annexed wood- 
cut. 




Carriages with two or even three poles were 
used by the Lydians. (Aeschyl. Pers. 47.) The 
Greeks and Romans, on the other hand, appear 
never to have used more than one pole and one 
yoke, and the currus thus constructed was com- 
monly drawn by two horses, which were attached 
to it by their necks, and therefore called 5i(vyes 
'twwoi (Horn. II. v. 195, x. 473), avvaipis (Xen. 
Hell. i. 2. § 1 ), " gemini jugales " (Virg. Aen. vii. 
280), "equi bijuges " (Georg. iii. 91). If a third 
horse was added, as was not unfrequently the case, 
it was fastened by traces. It may have been in- 
tended to take the place of either of the yoke horses 
( (vyioi 'hiroi), which might happen to be disabled. 
The horse so attached was called irapr)opos. Ginz- 
rot (Wiigen und Fahrwerke, vol. i. p. 342) has pub- 



CURRUS. 



CURRUS. 



379 



ished two drawings of chariots with three horses, 
from Etruscan vases in the collection at Vienna. 
The 'iiriros Trap-qopos is placed on the right of the 
two yoke horses. (See woodcut.) We also observe 
traces passing between the two &vTvyes, and pro- 
ceeding from the front of the chariot on each side 
of the middle horse. These probably assisted in 
attaching the third, or extra horse. 




The Latin name for a chariot and pair was 
ligae. When a third horse was added, it was 



proceeded the ropes which were tied to the rim of 
the car, and by which the trace-horses assisted to 
draw it. The first figure in the annexed woodcut 
is the chariot of Aurora, as painted on a vase found 
at Canosa. (Gerhard, iiier Lic/ilgotl/irilm, pi. iii. 
fig. 1.) The reins of the two middle horses pass 
through rinj(» at the extremities of the yoke. All 
thr particulars which have been mentioned are still 
more distinctly seen in the second figure, taken 
from a terra-cotta at Vienna. (Ginzrot, vol. ii. 
pp. 107, lOH.) It represents a chariot overthrown 
in passing the goal at the circus. The charioteer 
having fallen backwards, the pole and yoke arc 
thrown upwards into the air ; the two trace-horses 
have fallen on their knees, and the two yokc- 
horsea are prancing on their hind legs. 

If we may rely on the evidence of numerous 
works of art, the currus was sometimes drawn by 
four horses without either yoke or pole ; for we sec 
two of thi-m diverging to the right hand and two 
to the left, ai in the cameo in the royal collection of 
Berlin, which exhibits Apollo surrounded by the 
signs of the zodiac. If the ancients really drove 
the quadrigae thus harnessed, we can only suppose 
tLe charioteer to have checked its speed by pulling 
up the horses, and leaning with his whole body 
backwards, so as to make the bottom of the car at 
its hindcrmost border scrape the ground, an net 



called triga ; and by the same analogy a chariot 
and four was called quadrigae ; in Greek, TeTpao- 
pia or TtBpimros. 

The horses were commonly harnessed in a 
quadriga after the manner already represented, the 
two strongest horses being placed under the yoke, 
and the two others fastened on each side by means 
of ropes. This is implied in the use of the epi- 
thets (Teipalos or aapaip6pos, and funalis or /una- 
rms, for a horse so attached. (Isid. Orig. xviii. 
35.) The two exterior horses were further dis- 
tinguished from one another as the right and the left 
trace-horse. In the splendid triumph of Augustus 
after the battle of Actium, the trace-horses of his car 
were ridden by two of his young relations. Tibe- 
rius rode, as Suetonius relates (Till. 6.) si?iisteriore 
funali equo, and Marcellus dexteriore funali cquo. 
As the works of ancient art, especially fictile vases, 
abound in representations of quadrigae, numerous 
instances may be observed, in which the two 
middle horses (i /licros Sc|ibs Kal d ficaos aptaTe- 
pbs, Schol. in Aristoph. Nub. 12*2) are yoked to- 
gether as in the bigae ; and, as the two lateral 
ones have collars (KciraSva) equally with the yoke- 
horses, we may presume that from the top of these 




and an attitude which seem not unfrequently to bo 
intended in antique representations. 

The currus, like the cisium, was adapted to 
cany two persons, and on this account was called 
in Greek Sl<f>pos. One of the two was of course 
the driver. lie was called iivtoxos, because he 
held the reins, and his companion TTapaiSdrrit, 
from going by his side or near him. Though in all 
respects superior, the irapai?oT7)$ was often obliged 
to place himself behind the fjvU>XOS. He is so re- 
presented in the bigae at p. 101, and in the Iliad 
(xix. 397) Achilles himself stands behind his cha- 
rioteer, Automedon. On the other hand, a per- 
sonage of the highest rank may drive his own car- 
riage, and then an inferior may be his itapcuSdrrji, 
as when Nestor conveys Machaon (irip' Si Maxduf 
fiatvt, II. xi. 512, 517), and Hera, holding the 
reins and whip, conveys Athena, who is in full 
armour (v. 720—775). In such cases a kindness, 
or even a compliment, was conferred by the driver 
upon him whom he conveyed, as when Dionv- 
siiis, tyrant of Sicily, " himBelf holding the reins, 
made Plato his irapaiSdrrtt." (Aelian, V. II. iv. 
18.) 

Chariots were frequently employed on the field 
of battle not only by the Asiatic nations, but also 
by tin- Greeks in the heroic age. The Apiirrf/fi, 
i. r. the nobility, or men of rank, who wore com- 




380 



CURRUS. 



CYATHUS. 



plete suits of armour, all took their chariots with 
them, and in an engagement placed themselves in 
front. In the Homeric battles we find that the 
horseman, who for the purpose of using his weapons, 
and in consequence of the weight of his armour, is 
under the necessity of taking the place of irapai- 
6aTi)s (see above the woodcut of the triga), often 
assails or challenges a distant foe from the chariot ; 
but that, when he encounters his adversary in 
close combat, they both dismount, " springing from 
their chariots to the ground," and leaving them to 
the care of the V'°X 01 - (fi- iii- 29, xvi - 42o \ 4 '27, 
xvii. 480—483 ; Hes. Scut Here. 370—372.) 
As soon as the hero had finished the trial of his 
strength with his opponent, he returned to his 
chariot, one of the chief uses of which was to rescue 
him from danger. These chariots, as represented 
on bas-reliefs and fictile vases, were exceedingly 
light, the body often consisting of little besides a 
rim fastened to the bottom and to the axle. Thus 
we find Diomed, in his nocturnal visit to the 
enemy's camp, deliberating whether to draw 
away the splendid chariot of Rhesus by the pole, 
or to carry it off on his shoulder. (11. x. 503 — 505). 

In later times the chariots were chiefly em- 
ployed in the public games. Their form was the 
same, except that they were more elegantly deco- 
rated. Chariots were not much used by the Ro- 
mans. The most splendid kind were the quad- 
rigae, in which the Roman generals and emperors 
rode when they triumphed. The body of the 
triumphal car was cylindrical, as we often see it 
represented on medals. It was enriched with 
gold (aureo curru, Flor. i. 5 ; Hor. Epod. ix. 22) 
and ivory (Ov. Trist. iv. 2. 63, Pont. iii. 4. 35). 
The utmost skill of the painter and the sculptor 
was employed to enhance its beauty and splendour. 
More particularly the extremities of the axle, of 
the pole, and of the yoke, were highly wrought in 
the form of animals' heads. Wreaths of laurel 
were sometimes hung round it (currum laurige- 
rum, Claudian, De Laud. Stil. iii. 20, Teri. Cons. 
Honor. 130), and were also fixed to the heads of 
the four snow-white horses. (Mart. vii. 7.) The 
car was elevated so that he who triumphed might 
be the most conspicuous person in the procession, 
and for the same reason he was obliged to stand 
erect (in curru stantis ehurno, Ovid, I. c). The 
triumphal car had in general no pole, the horses 
being led by men who were stationed at then- 
heads. 




Chariots executed in terra cotta (quadrigae 
fietiles, Plin. H. N. xxviii. 4), in bronze, or in 



marble, an example of which last is shown in 
the preceding woodcut from an ancient chariot 
in the Vatican, were among the most beautiful 
ornaments of temples and other public edifices. 
No pains were spared in their decoration ; and 
Pliny informs us (H. N. xxxiv. 19) that some 
of the most eminent artists were employed upon 
them. In numerous instances they were de- 
signed to perpetuate the fame of those who had 
conquered in the chariot-race. (Paus. vi. 10.) As 
the emblem of victory, the quadriga was some- 
times adopted by the Romans to grace the trium- 
phal arch by being placed on its summit ; and 
even in the private houses of great families, 
chariots were displayed as the indications of rank, 
or the memorials of conquest and of triumph. 
(Juv. viii. 3.) [J. Y.] 

CURSO'RES, slaves, whose duty it was to 
run before the carriage of their masters, for the 
same purpose as our outriders. They were not 
used during the times of the republic, but appear 
to have fir3t come into fashion in the middle of the 
first century of the Christian aera. The slaves 
employed for this purpose appear to have fre- 
quently been Numidians. (Senec. Ep. 87, 126 ; 
Marc. iii. 47, xii. 24 ; Petron. 28.) The word 
cursores was also applied to all slaves, whom 
their masters employed in carrying letters, mes- 
sages, &c. (Suet. Ner. 49, Tit. 9 ; Tacit. Agric. 
43.) 

CURSUS. [Circus.] 
CURU'LIS SELLA. [Sella Curulis.] 
CUSTO'DES. [Comitia, p. 336, b.] 
CUSTO'DES, CUSTO'DIAE. [Castra, 
p. 250, b.] 

CUSTOS URBIS. [Praefectus Urbi.] 
CY'ATHUS (Kvados), is one of the numerous 
words, containing the element kv, and signifying 
something hollow : it is applied, for example, to 
the hollow of the hand. Its general meaning is a 
cup of any kind ; and it constantly occurs as the 
name of a sort of drinking vessel used by the Ro- 
mans, who borrowed it from the Greeks (Varro, 
De Ling. Lat. v. 124, ed. Miiller) ; but whether 
it designates the cup out of which the wine was 
drunk, or the small ladle by means of which it 
was transferred from the mixing-bowl (icpaTrip) 
into the dfinking-cup, is a disputed point. Orelli 
asserts that it is never used in the latter sense, 
and that the ladle was called iirixvais, or trulla 
vinaria (Ad Horat. Carm. iii. 8. 13). But the 
passages in which the word occurs bear out the 
opinion of Becker, that the ladle was called cy- 




CYMBALUM. 



CYMBALUM. 



381 



alhus. (See the Lexicons of Scott and Liddell, 
Seiler and Jacobitz, and Facciolati ; Becker, 
Churikles, vol. L p. 463.) Two of these cyathi 
are represented in the preceding woodcut, from 
the Museo Borbonico, vol. iv. pi. 12. They were 
usually of bronze or silver. The cyuthus is re- 
ferred to as a measure of the quantity of wine 
which a person drank. (Hor. Carm. iii. 8. 13, 19. 
12.) A slave was appointed to supply the drink- 
ing-cups of the banqueters by means of the cy- 
at/tus. (Hot. Carm. L 29. 8 ; Suet. Caes. 49 ; 
Juv. Sat. ix. 46.) 

Another sense in which the word occurs is, in 
surgery, for a cup for cupping (Aristoph. Lys. 
444, Pax, .542 ; Aristot. Probl. ix 9). 

The cyathus was a definite measure, with both 
the Greeks and the Romans, containing one-twelfth 
of the sexiarius. It was the uncia, considered with 
reference to the sexiarius as the unit ; hence we 
have sexlans used for a vessel containing the sixth 
of the sexiarius, or two cyatlii, rptadrans for one 
containing three cyathi, triens for four cyathi, quin- 
cunx for five cyathi, &c. (Wurm. be Ponderi- 
bus, Mensuris, 6ic. ; llussey On Ancient Weights, 
&c.) [P. S.] 

CYCLAS (kvkKcis), a circular robe worn by 
women, to the bottom of which a border was 
affixed, inlaid with gold. (Prop. iv. 7. 40.) Alex- 
ander Severus, in his other attempts to restrain the 
luxury of his age, ordained that women should 
possess only one cyclas each, and that it should 
not be adorned with more than six unciae of gold. 
(Lamp. Alex. Sev. 41.) The cyclas appears to 
have been usually made of some thin material 
(tenui in cycJade, Juv. vL 259). It is related, 
among other instances of Caligula's effeminacy, 
that he sometimes went into public in a garment 
of this description. (Suet. Cat. 52.) 

CYCLOPEIA. [Arciiitectlra]. 

C YMA (Kvfut), in architecture, an oyee, a wave- 
shaped moulding, consisting of two curves, the 
one concave and the other convex. There were 
two forms, the cyma recta, which was concave above, 
and convex below, thus, and the cyma reversa, 
which was convex above and concave below, thus, 
27. The diminutive cymatium or cumatium (Kvfia- 
tiop) is also used, and is indeed the more common 
name. The original form of the cymatium, was, 
however, a simple hollow (the cavetto) thin 
This was called the cymatium Doricum, and the 
other the cymatium IjeslAcum. (Acsch. Ft. 70, cd. 
Dindorf. ; Bitckh. Corp. Inscr. vol. i. p. 284 ; Vitruv. 
iii. 3. s. 5. S 7, Sclin. iv. 6. § 2 — 6 ; Grutrr, Inscr. 
p. ccvii ; Muller, Archdol. d. Kunst, § 274 ; Mauch, 
(Jr. und Horn. ISnuord. pp. 6, 7 : lor examples, see 
the profiles on p. 326. [P. S.] 

CYMATIUM. [Cyma.] 

CYMIIA (KvfiS-n) is derived from kvh§oi, a 
hollow, and is employed to signify any small kind 
of boat used on lakes, rivers, A.c. (Cic. I><- OJK iii. 
14 ; Aen. vi. 303.) It appears to have been much 
the same as the iutariov and Kapha. 

CY'MHAU'M (kvuGoAov), a musical instru- 
ment, in the shape of two half globes, which were 
held ime in each hand by the performer, and played 
by le ing struck against each other. The word is 
originally (ireek, being derived from xvfigoi, a 
hollow, with which the Latin cymlxt, rymbium, \c. 
ieem to bo connected. Several kind* of e\ lolals 
are found on ancient monument*, and on the other 
hand a great many names have been preserved by 



the grammarians and lexicographers ; but the de- 
scriptions of the latter are so vague, that it is im- 
possible to identify one with the other. A large 
class of cymbals was termed Kpovfiara, which, if 
they were really distinct from the Kp6raXa, as 
Spohn and Lampe suppose, cannot now be exactly 
described. [Crotallm.] The annexed drawing 
of a Kpovfia. is taken from an ancient marble, and 
inserted on the authority of Spohn (MisceU. sec. 1. 
art. 6. fig. 44). 




The uptugaXa mentioned in the Homeric hymn 
to Apollo (161 — 164), were of this kind, played 
on by a chorus of Delians. The scabilla or Kpov- 
W£ia were also on the same principle, only played 
with the foot, and inserted in the shoe of the per- 
former ; they were used by flute-players, perhaps 
to beat time to their music. (Pollux, x. 33.) 
Other kinds of cymbals were, the 7tAotot^, an 
invention of Archytas, mentioned by Aristotle 
(Pol. viii. 6), and its diminutive irKaTaywviov, 
which, from the description of Julius Pollux 
and Hesychius (s. v.), appears to have been a 
child's rattle: o^iSarpa, the two parts of which 
Suidas tells us (s. v.) were made of different mate- 
tcrials for the sake of variety of sound: koti/Aoi, 
mentioned in the fragments of Aeschylus, with 
several others, noted by Lampe in his work Oe 
Cymlxilis, but perhaps without sufficient authority. 
The cymbal was usually made in the form of two 
half globes, cither running oft' towards a point so 
as to be grasped by the whole hand, or with a 




handle. It was commonly of bronze, but some- 
times of baser material, to which Aristophanes 
alludes (Kanae, 1305). The preceding woodcut 



382 



DAEDALA. 



DAMARETION. 



of a cymbalistria is taken from an ancient marble, 
and given on the authority of Lampe. 

The cymbal was a very ancient instrument, 
being used in the worship of Cybele, Bacchus, 
Juno, and all the earlier deities of the Grecian and 
Roman mythology. It probably came from the 
East, from whence, through the Phoenicians, it was 
conveyed to Spain (compare Martial's Baetica 
Crumata). Among the Jews it appears (from 
2 Chron. v. 12, 13; Nehem. xii. 27) to have been 
an instrument in common use. At Rome we first 
hear of it in Livy's account of the Bacchic orgies, 
which were introduced from Etruria. (xxxix. 9.) 

For sistrum, which some have referred to the 
class of cymbala, see Sistrum. [B. J.] 

CYRBEIS (xipgeis). [Axones.] 

CYZICE'NUS OECUS. [Domus]. 

CYZICE'NUS NUMMUS. [Stater]. 



D. 

DACTYLIOTHE'CA (Sa/cTuA!o0^/cr;),acase or 
box where rings were kept. (Mart. xi. 59.) The 
name was also applied to a cabinet or collection of 
jewels. We learn from Pliny (H. N. xxxvii. 5), 
that Scaurus, the step-son of Sulla, was the first 
person at Rome who had a collection of this kind, 
and that his was the only one till Pompey brought 
to Rome the collection of Mithridates, which he 
placed in the capitol. 

DA'CTYLUS (UktvXos), a Greek measure, 
answering to the Roman digitus, each signifying a 
finger-breadth, and being the sixteenth part of a 
foot. [Pes.] (See the Tables.) [P. S.] 

DADU'CHUS. [Eleusinia.] 

DAE'DALA or DAEDALEIA (SaiSaXa, Sai- 
SaAeia), were names used by the Greeks to sig- 
nify those early works of art which were ascribed 
to the age of Daedalus, and especially the ancient 
wooden statues, ornamented with gilding and 
bright colours and real drapery, which were the 
earliest known forms of the images of the gods, 
after the mere blocks of wood or stone, which 
were at first used for symbols of them. (See 
Diet, of Greek and Roman Diog., art. Daedalus, 
vol. i. p. 928.) [P. S.] 

DAE'DALA (Scsi'SaAa), a festival, celebrated in 
Boeotia in honour of Hera, surnamed Nv/xcpevofievq 
or TeAefa (Paus. ix. 2. § 5). Its origin and mode 
of celebration are thus described by Pausanias (ix. 
3. § 1, &c.) : — Hera was once angry with Zeus, and 
withdrew herself to Euboea. Zeus not being able 
to persuade her to return, went to Cithaeron, who 
then governed Plataeae, and who was said to be 
unequalled in wisdom. He advised Zeus to get a 
wooden statue, to dress and place it upon a chariot, 
and to say that it was Plataea, the daughter of 
Asopus, whom he was going to marry. Zeus fol- 
lowed the advice of Cithaeron, and no sooner had 
Hera heard of her husband's projected marriage 
than she returned. But when, on approaching the 
chariot and dragging off the coverings, she saw the 
wooden statue, she was pleased with the device, 
and became reconciled to Zeus. In remembrance 
of this reconciliation the Plataeans solemnised the 
festival of the daedala, which owes its name to 
Aa'iSaAa, the name by which, in ancient times, 
statues were designated. (See preceding article.) 
Pausanias was told that the festival was held 
every seventh year, but he believes that it took 



place at shorter intervals, though he was unable 
to discover the exact time. 

This festival was celebrated by the Plataeans 
alone, and was called the lesser Daedala (Acu'SaAa 
fiiKpd), and was celebrated in the following man- 
ner : — In the neighbourhood of Alalcomene was 
the greatest oak-forest of Boeotia, and in it a 
number of oak trunks. Into this forest the Pla- 
taeans went, and exposed pieces of cooked meat to 
the ravens, attentively watching upon which tree 
any of the birds, after taking a piece of the meat, 
would settle ; and the trees on which any of the 
ravens settled, were cut down and worked into 
daedala, i. e. roughly hewn statues. 

The great Daedala (AaidaXa /aydXa), in the 
celebration of which the Plataeans were joined by 
the other Boeotians, took place every sixtieth year ; 
because at one time when the Plataeans were ab- 
sent from their country, the festival had not been 
celebrated for a period of sixty years. At each of 
the lesser Daedala fourteen statues were made in 
the manner described above, and distributed by lot 
among the towns of Plataeae, Coroneia, Thespiae, 
Tanagra, Chaeroneia, Orchomenos, Lebadeia, and 
Thebes ; the smaller towns took one statue in 
common. The Boeotians assembled on the banks 
of the Asopus ; here a statue of Hera was adorned 
and raised on a chariot, and a young bride led the 
procession. The Boeotians then decided by lot 
in what order they were to form the procession, 
and drove their chariots away from the river and 
up mount Cithaeron, on the summit of which an 
altar was erected of square pieces of wood, fitted 
together like stones. This altar was covered with 
a quantity of dry wood, and the towns, persons of 
rank, and other wealthy individuals, offered each 
a heifer to Hera, and a bull to Zeus, with plenty 
of wine and incense, and at the same time placed 
the daedala upon the altar. For those who did 
not possess sufficient means, it was customary to 
offer small sheep, but all their offerings were burnt 
in the same manner as those of the wealthier per- 
sons. The fire consumed both offerings and altar, 
and the immense flame thus kindled was seen far 
and wide. 

The account of the origin of the daedala given 
by Pausanias agrees in the main points with the 
story related by Plutarch (apud Euseb. De Prae- 
parat. Evang. iii. p. 83, and Fragm. p. 759, &c. 
ed. Wyttenb.), who wrote a work on the Plataean 
daedala ; the only difference is that Plutarch re- 
presents Zeus as receiving his advice to deceive 
Hera from Alalcomenes ; and that he calls the 
wooden statue by which the goddess was to be de- 
ceived Daedala, instead of Plataea. Plutarch also 
adds some remarks respecting the meaning of the 
festival, and thinks that the dispute between Zeus 
and Hera had reference to the physical revolutions 
to which Boeotia, at a very remote period, had 
been subject, and their reconciliation to the restor- 
ation of order in the elements. (See Creuzer, 
Symbol, und Myihol. ii. p. 580, and Miiller's 
Orcliom. p. 216, &c. 2d edit.) [L. S.] 

DAMARE'TION (AapiapeTuov xP" ai0V )i a 
Sicilian coin, respecting which there is much dis- 
pute. Diodorus tells us (xi. 26) that after Gelon's 
great victory over the Carthaginians at Himera, his 
wife Damarete prevailed upon him to grant them 
moderate terms of peace ; and that the Cartha- 
ginians, as a token of their gratitude, presented 
Damarete with a golden crown of one hundred 



DAMNUM INFECTUM. 

talents' weight ; upon receiving which, she struck 
the coin, which was called, after her, Safiapereiou, 
and which contained ten Attic drachmae, and was 
called by the Sicilians irevT-nKovTaXiTpov, from 
its weight. (Comp. Schol. ad Find. 01. ii. 1.) 
The story is told somewhat differently by other 
writers, namely, that Damarete and the ladies of 
the court gave up their ornaments to be coined into 
money, in order to supply Gelon's necessities during 
the war. (Pollux, ix. 85 ; Hesych. s. r. Aij^ape- 
rtor.) In an epigram ascribed to Simonides, who 
was probably living at the court of Gelon at this 
very time (Schol ad Find. Pi/th. i. 155 ; Anth. Pal. 
vi. 214 ; No. 19C, Schneidewin), it is said that 
Gelon and his brothers dedicated to the Pythian 
Apollo, after their victory over the barbarians, a 
tripod Aoperi'ou xpvaov, where there can be no 
doubt that Bentley is nght in reading Aauapertov, 
but it is not equally certain whether the last two 
lines of the epigram are not altogether spurious. 
(Comp. Schneidewin, ad lac., and Bbckb, Melrol. 
Untersuch. p. 304.) At all events, the passage is 
an indication of the uniform tradition respecting 
this " Damarctian gold ; " the exact history of 
which is of very little consequence compared with 
the identification of the coinage to which the state- 
ments refer. From all the discussion of this point 
by Eckhel, Miillcr, Hussey, Biickh, and others, 
the most probable conclusion seems to be that the 
coin was of gold and not of silver (although coins 
of equal value were at some time or other struck 
in silver also), and that the statements which give 
its weight as fifty Sicilian litres, or ten Attic 
drachmae, are to be understood, not literally of its 
tcrig/U, but of its value, as estimated by those 
weights of silver : in short, it was a gold coin, equal 
in value to fifty litrae or ten Attic drachmae of 
silver; that is, a half stater. (Eckhel, Docl. A'um. 
Vet. vol. i. p. 250 ; H ussey, On A ncient U'eig/its, 
p. 57. See. ; Bbckh, Mctrologisc/ie L'ntcrsuchungen, 
p. 304, &c.) [P.S.] 

DAMIURGI. [De.mrrgi.] 

DAMNUM. Damnum signifies generally any 
lo9s or damage which a person has sustained in his 
property (damnum datum, factum), or damage 
which he has reason to fear (damnum infectum). 
(Dig. 39. tit 2. s. 2.) Damnum actually done is 
generally called damnum simply. The liability to 
make good a loss is pracstare damnum. 

The causes of damage are cither chance, acci- 
dent (casus), or the free acts or omissions of rea- 
sonable human beings. (Dig. 9. tit. 2. s. 5. § 2.) 
If the damnum is caused by the just exercise of a 
■jghti it is indirect. In any other case it is direct 
or injuria datum ; and when it is injuria datum, 
there may be neither dolus nor culpa, or there may 
be either one or the other. 

The obligation to make compensation for damage 
arise* cither from dolus malus, culpa, and mora, 
which in fact is included in culpa, and out of con- 
tracts. A man is not bound to make compensa- 
tion for indirect loss or damage (Dig. 39. tit 2. 
«. 26 ; 47. tit 9. s. 3. § 7); nor for direct damage, 
if neither dolus nor culpa can be imputed to him, 
as if he be mad. (Dig. 9. tit 2. s. 5. § 2, 30. § 3 ; 
Thibaut Syitrm, Slc, 9th ed. § 163.) As to 
damage done by an animal, nee PaITKiukn. [(i.I.. ] 

DAMN I'M INKKCTUM, is damage rdam- 
num) not done, but apprehended. (Dig. 39. tit. 2. 
i. '-'.) The praetor's edict provided for such cases. 
If the building of one man threatened damage to 



DAMNUM INJURIA DATUM. 383 

another in consequence of its dilapidated state, the 
owner of the dilapidated property might be required 
to repair it or to give security against any damage 
that might be caused by the state of his building. 
The security (cautio) was demanded by an actio in 
factum, in all cases where the security could be 
required. Even' person who was in possession of the 
property that was threatened, whether as owner or 
in any other right (but not a bonae fidei possessor), 
could claim this cautio. (Dig. 39. tit 2. s. 5. § 2 ; 
13. § 5, 18 ; 13. § 4, 9.) The owner of the ruinous 
property or any person who had a right therein, and 
a bonae fidei possessor, might be required to give this 
cautio, which might be given by a simple promise 
or by giving sureties. The complainant had to 
swear that he did not require the cautio calumniae 
causa (Dig. 39. tit 2. s. 7 ; idqve . non . k. k. 

SE . FACERE . IVRAVERIT. Tab. Vel. C. XX.) 

If the defendant wrongfully refused to give the 
security, the complainant was empowered to enter 
upon the property which threatened the damage, 
and apparently for the purpose of protecting him- 
self against it ; if this produced no result, the de- 
fendant was ejected, and the complainant was 
allowed to take possession of the property, and the 
defendant lost all his rights to it. 

If a ruinous house (aedes ruinosae) fell and 
damaged a neighbour before any cautio had been 
given, all the right that the damaged person had 
was to retain the materials that had fallen on his 
land (Dig. 39. tit 2. bs. 6, 7. §§ 2, 8) ; but it seems 
that the owner of the ruinous house could, if he 
liked, pack up the materials and carry them orT. 
( Cic. Top. 4, In Verr. i. 56 ; Inst. 4. tit. 5 ; Thi- 
baut, Sustrm, &lc § 274, &c. 9th ed.) [G. L.] 

DAMNUM INJURIA DATUM. The most 
usual form of proceeding in cases of Damnum in- 
juria datum was by the Lex Aquilia (Dig. 9. tit. 2), 
which repealed all previous legislation on the sub- 
ject. This Lex Aquilia was a plebiscitum, which 
was proposed by Aquilius, a tribunus plcbis. If the 
owner of the damaged thing sued, there might be 
two cases. The damage might be done by cor- 
poreal contact of the wrongdoer (corpore), or by 
something which he directed, and done to another 
thing (corpus), so as to impair its value or destroy 
it ; and in this case there was the directa actio 
Lcgis Aquiliae. The first chapter provided that 
if a man killed (injuria, that is, dolo aut culpa, 
Gaius, iii. 211) a slave or quadruped (quae pecudum 
numero sit) which belonged to another, he was 
bound to pay the highest value that the slave or 
animal had within the year preceding the unlaw- 
ful act. If the wrongdoer wilfully denied the fact 
of the damage, he was liable to make compensation 
to double the value. The third chapter provided 
for the case of a slave or quadruped (quae pecudum, 
ice.) being damaged, or any thing else being 
damaged or destroyed. In this case he had to 
pay the highest value that the thing had within 
the thirty days preceding the unlawful act. If 
the damage was done to a thing (corpus), but not 
by a corpus, there was an actio utilis Lcgis Aqui- 
liae, which is also an actio in factum or on the 
case. Such a cite would occur when, for instance, 
a man should purponely drive his neighbour's beast 
into a river and it should perish there. (Dig. 9. 
tit 2. s. 7. § 3, 9.) 

If the thing wax not damaged, but the owner 
was damaged, there might be an actio in factum ; 
as, for in-time, if a man out of compassion loosed 



384 



DAPHNEPHORIA. 



DARICUS. 



another man's slave who was bound and so gave 
him the opportunity of escaping. A man who 
was not owner, might have an actio utilis legis 
Aquiliae or in factum, if he had an interest in the 
thing, as a fructuarius, usuarius, a bonae fidei pos- 
sessor, or a person who had received a thing as a 
pledge. 

If a man's slave was killed, the owner might 
sue for damages tinder the Lex Aquilia, and 
prosecute for a capital offence. 

(Cic. Pro Roscio Comoedo, c. 11 ; Gaius, iii. 
210, &c. ; Inst. 4. tit. 3 ; Thibaut, System., &c, 
.9th ed. § 551, &c. ; Rein, Das Romische Privat- 
recht.) [G. L.] 

DAMOSIA (5a,uo<n'a), the escort or suite of 
the Spartan kings in time of war. It consisted of 
his tent-comrades (o-vanrivoi), to whom the pole- 
marchs, Pythians, and three of the equals (S/xotoi) 
also belonged (Xen. Rep. Lac. xiii. 1); of the 
prophets, surgeons, flute-players, volunteers in the 
army (Xen. Rep. Lac. xiii. 7), Olympian conquerors 
(Plut. Lyc. 22), public servants, &c. The two 
ephors, who attended the king on military expedi- 
tions, also formed part of the damosia. (Muller, 
Dorians, iii. 12. § 5.) 

DANACE (Sa.vu.Kri), the name of a foreign coin, 
according to Hesychius (s. v.) worth a little more 
than an obolos. According to some writers, it was 
a Persian coin. (Pollux, ix. 82, and Hemster. ad 
loc.) This name was also given to the obolos, 
which was placed in the mouth of the dead to pay 
the ferryman in Hades (Hesych. s. v. ■ Lucian, De 
Luctu, c. 10, Mort. Dial. i. 3, xi. 4, xxii. 1.) At 
the opening of a grave at Same in Cephallenia, a 
coin was found between the teeth of the corpse. 
(Stackelberg, Die Gr'dber der Hellenen, p. 42 ; 
Becker, Charikles, vol. ii. p. 170.) 

DANEISMA (8a</eio>ta). [Fenus.] 

DAPHNEPHO'RIA (Satpvricpopia), a festival 
celebrated every ninth year at Thebes in honour 
of Apollo, surnamed Ismenius or Galaxius. Its 
name was derived from the laurel branches (8d<pvai) 
which were carried by those who took part in its 
celebration. A full account of the festival is given 
by Proclus (Chrestomath. p. 11). At one time all 
the Aeolians of Arne and the adjacent districts, at 
the command of an oracle, laid siege to Thebes, 
which was at the same time attacked by the Pe- 
lasgians, and ravaged the neighbouring country. 
But when the day came on which both parties had 
io celebrate a festival of Apollo, a truce was con- 
cluded, and on the day of the festival they went 
with laurel-boughs to the temple of the god. But 
Polematas, the general of the Boeotians, had a 
vision in which he saw a young man who pre- 
sented to him a complete suit of armour, and who 
made him vow to institute a festival, to be cele- 
brated every ninth year, in honour of Apollo, at 
which the Thebans, with laurel-boughs in their 
hands, were to go to his temple. When, on the 
third day after this vision, both parties again were 
engaged in close combat, Polematas gained the 
victory. He now fulfilled his promise, and walked 
himself to the temple of Apollo in the manner pre- 
scribed by the being he had seen in his vision. 
And ever since that time, continues Proclus, this 
custom has been strictly observed. Respecting the 
mode of celebration, he adds : — At the daphne- 
phoria they adorn a piece of olive wood with gar- 
lands of laurel and various flowers ; on the top of 
it a brazen globe is placed, from which smaller 



ones are suspended ; purple garlands, smaller than 
those at the top, are attached to the middle part 
of the wood, and the lowest part is covered with a 
crocus-coloured envelope. By the globe on the 
top they indicate the sun, which is identical with 
Apollo ; the globe immediately below the first, 
represents the moon ; and the smaller suspending 
globes are symbols of the stars. The number of 
garlands being 365, indicates the course of the 
yeat-. At the head of the procession walked a 
youth, whose father and mother must be living. 
This youth was, according to Pausanias (ix. 10. 
§ 4), chosen priest of Apollo every year, and called 
b~a<pvi}cp6pos : he was always of a handsome figure 
and strong, and taken from the most distinguished 
families of Thebes. Immediately before this 
youthful priest walked his nearest kinsman, who 
bore the adorned piece of olive-wood, which was 
called Kwnii. The priest followed, bearing in his 
hand a laurel-branch, with dishevelled and floating 
hair, wearing a golden crown on his head, a 
magnificent robe which reached down to his feet 
(iroSTjprjs), and a kind of shoes called 'IcpiKpdriSes, 
from the general, Iphicrates, who had first intro- 
duced them. Behind the priest there followed a 
choir of maidens with boughs in their hands and 
singing hymns. In this manner the procession 
went to the temple of Apollo Ismenius or Galaxius. 
It would seem from Pausanias that all the boys of 
the town wore laurel garlands on this occasion, 
and that it was customary for the sons of wealthy 
parents to dedicate to the god brazen tripods, a 
considerable number of which were seen in the 
temple by Pausanias himself. Among them was 
one which was said to have been dedicated by 
Amphitryon, at the time when Heracles was 
daphnephorus. This last circumstance shows that 
the daphnephoria, whatever changes may have 
been subsequently introduced, was a very ancient 
festival. 

There was a great similarity between this fes- 
tival and a solemn rite observed by the Delphians, 
who sent every ninth year a sacred boy to Tempe. 
This boy went on the sacred road (Plut. Quaest. 
Gr. 12), and returned home as laurel-bearer (Sa^>- 
vi)<p6pos) amidst the joyful songs of choruses of 
maidens. This solemnity was observed in com- 
memoration of the purification of Apollo at the 
altar in Tempe, whither he had fled after killing 
the Python, and was held in the month of Thar- 
gelion (probably on the seventh day). It is a very 
probable conjecture of Muller {Dor. ii. 8. § 4) that 
the Boeotian daphnephoria took place in the same 
month and on the same day on which the Delphian 
boy broke the purifying laurel-boughs in Tempe. 

The Athenians seem likewise to have celebrated 
a festival of the same nature, but the only mention 
we have of it is in Proclus (ap. Photium, p. 987), 
who says that the Athenians honoured the seventh 
day as sacred to Apollo, that they carried laurel- 
boughs and adorned the basket {Kaveov, see Cane- 
phoros) with garlands, and sang hymns to the 
god. Respecting the astronomical character of 
the daphnephoria see Muller, Orchom. p. 215, 
2d edit. ; and Creuzer, Symbol, und Mythol. ii. 
p. 160. [L.S.] 

DARI'CUS (Sap^mSs), or, to give the name in 
full, ffTdT^p Sapei/cdr, the stater of Dareius (Thuc. 
viii. 28), was a gold coin of Persia, stamped on one 
side with the figure of an archer crowned and 
kneeling upon one knee, and on the other with a 



DARICUS. 

sort of quadrata incusa or deep cleft. We know 
from Herodotus (iv. 16G) that Dareius, the son of 
Hystaspes, reformed the Persian currency, and 
stamped gold of the purest standard ; and it is 
generally believed that the daricus was so called 
from him. Harpocration, however, says (s. v.) 
that the name was older than this Dareius, and 
taken from an earlier king. Gesenius (Ilibr. 
Lexicon) supposes the name to be derived from an 
ancient Persian word signifying king, or royal 
palace, or the bow of the king, in allusion to the 
figure stamped upon it. The best authors, how- 
ever, think that there is no sufficient ground for 
supposing either the name or the coin to be older 
than Dareius, the son of Hystaspes. (Bockh, 
Alrtrot. Unlersuch. p. 129 ; Grote, History of 
Greece, vol. iv. p. 320.) 

This coin had a very extensive circulation, not 
only in the Persian empire, but also in Greece. 
The pay given by Cyrus to the soldiers of Clcar- 
chus was a daricus a month (Xen. Anab. L 3. 
§ 21) ; and the same pay wa3 offered to the same 
troops by Thimbrion, a Lacedaemonian general 
(Ibid. to. «. § 1). In the later buoks of the Old 
Testament, the daricus is supposed to be mentioned 
under the names of adarkon (}13~nK)and darke- 
mon (}'lD3"n>. (See 1 Chron. xxix. 7 ; Ezra, viii. 
27, ii. 69 ; Nchcm. vii. 70, 72.) 

All ancient authorities agree in stating that the 
daricus was the precise equivalent of the Lydian 
and Attic slater ; that is, it was equal in weight to 
two Attic drachmae. (Harpocr. ; Lex. Seg. ; 
Suid. ; Schol. ad Aristoph. KccL 598.) This, 
according to the ordinary ratio of gold to silver, 
10 : 1, would make its value equal to twenty silver 
drachmae ; which agrees with the statement of 
X< nophon 'AiiuIj. L 7. S 10 ; comp. Arrian. Anab. 
iv. 18). 

Five darics made a mina of silver, and 300 
darics a talent. Xenophon also mentions half 
darics (fjfuiSapf'tKov!, Anab. l. 3. § 21.) 

.The value of the daricus in our money, computed 
from the drachma, is 1 (J*. 3(1. ; but if reckoned by 
comparison with our gold money, it is worth much 
mure. The ("tries in the British Museum weigh 
I2!t"4 grains and 128'G grains, respectively. 
Ilm-.i v (Ancient ir.'/V//,/.i, \c. vii. 3) calculates 
the daricus as containing on an average about 123*7 
grains of pure gold, and therefore equal in value 
1 23*7 

to "[ - of a sovereign, or about 1/. \s.\0d. r/6 

1 15' 12 
farthings. 

Very few darics have come down to us ; their 
scarcity may be accounted for by the fact, that 
afwr the conquest of Persia, they wpre melted 
down and rccoincd under the type of Alexander. 

There were also silver darics, bearing the same 
device as the gold, namely, the figure of an 
archer. (Pint. f'im. 10; Aelian. V. II. i. 22.) 
Tlwir weight! vary from 224 to 230 grains : 
those of the latter weight must have been struck, 
as was not very unusual in old coinages, some- 
what above the true weight ; they seem to have 
been didrarliins of the Babylonian or Egyptian 
standard. 

In allusion to the device of an archer, the 
il:m< < were oftrn called Tiijoroi, and it is related of 
Ai.'1-silaus, that, when recalled to Greece, he said 
that the Persian king had driven him out of Asia 
by means of 30,000 bowmen, referring to the sum 



DECASMUS. 385 
which was entrusted to Timocrates the Rhodian to 
bribe the demagogues of Thebes and Athens to 
make his presence necessary at home. (Plut. Ages. 
15, Atiax. 20, Lacon. ApopMi. p. 181.) Ary- 
andes, who was appointed governor of Egvpt by 
Cambyses, is supposed to have been the first who 
struck these silver coins, in imitation of the gold 
coinage of Dareius Hystaspis. (Herod, i v. 166.) 





COLD DARIC. BRITISH MUSEUM. ACTUAL SIZE. 




SILVER DARIC. BRITISH MUSEUM. ACTUAL SIZE. 

DE'BITOR. [Obligationes.] 

DECADU'CHI (S(KaSovxoi), the members of 
a council of Ten, who succeeded the Thirty in the 
supreme power at Athens, n. c. 403. (Harpocrat 
s. v.) They were chosen from the ten tribes, one 
from each (Xen. Hell. ii. 4. §§ 23, 74) ; but, 
though opposed to the Thirty, they sent ambas- 
sadors to Sparta to ask for assistance against 
Thrasybulus and the exiles. They remained 
masters of Athens till the party of Thrasybulus 
obtained possession of the city and the democracy 
was restored. ( Lys. c. Kratosth. p. 420 ; Wachs- 
muth, J/cl/en. Allertbumsi: vol. i. p. G46, 2d ed.) 

DECA'RCHIA or DKCADA'HC'H IA (5«Kop- 
j(fa, 8(Ko5apx' a ) 5 was a supreme council esta- 
blished in many of the Grecian cities by the 
Lacedaemonians, who intmsted to it the whole 
government of the state under the direction of a 
Spartan harmost It always consisted of the 
leading members of the nristocratical parley, (Har- 
pocrat, s.v. ; Schneider, ad Arutot J'ol. ii. 14(», 
147.) This form of government appears to have 
been first established by Lysander at Ephesus. 
(Plut. /,;/.». 5; Wachsniuth, llelli n. Altcrtlmmsk. 
vol. i. p. 517, 2d ed.) 

DECASMUS (S(Ka<rii6i), briber-,-. There 
were two actions fur bribery at Athens: one, 
called htKaOfiov yparp^, lav against the person 
who gave the bribe ; and the other, called Siipwr 
or SwpoSoniat fpaipi), against the person who re- 
ceived it. (Pollux, viii. 42.) These actions n->- 
piied to the bribery of citizens in the public as- 
semblies of the people (avi/itKafaiv tV iKKAriaiav, 
Aesch. c. Timnrch. p. 12), of the Ileliaea »r any of 
the courts of justice, of the /9ouA."/j, and of the public 
advocates (nvvrjyApot, Dem. c. ,S/</»A. ii. p. 1137. 
1). Demosthenes (lie Falta p. 343), in- 

deeil, nays that orators were forbidden by the law, 
not merely to nbntain from receiving gifts for the 
Injury of the state, but even to receive any present 
at nil. 

c c 



386 



DECEMVIRI. 



DECEMVIRI. 



According to Aristotle (upud Harpoerat. s. v. 
5(ko.(oiv), Anytus was the first person at Athens 
who bribed the judges ; and we learn from 
Plutarch (Coriol. c. 14) that he did so, when he 
was charged of having been guilty of treachery at 
Pylos, at the end of the Peloponnesian war. Other 
writers say that Melitus was the first person who 
bribed the judges. (Petit. Leg. Att. p. 427, and 
Duker's note.) 

Actions for bribery were under the jurisdiction 
of the thesmothetae. (Dem. c. Steph. I.e.) The 
punishment on conviction of the defendant was 
death, or payment of ten times the value of the 
gift received, to which the court might add an ad- 
ditional punishment (irpocrTi/i^/ja). Thus Demos- 
thenes was sentenced to a fine of 50 talents by an 
action for bribery, and also thrown into prison. 
(Bdekh, Pull. Earn, of Athens, p. 384, 2d ed. ; 
Meier, Att. Process, p. 352.) 

DECASTY'LOS. [Templum.] 

DECATE (Se/caTTj). [Decumae.] 

DECE'MPEDA, a pole ten feet long, used by 
the agrimensores in measuring land. (Cic. Pro Mil. 
27 ; Ilor. Carm. ii. 15. 14 ; Cic. Philipp. xiv. 4.) 
Thus we find that the agrimensores were sometimes 
called decempedatorcs (Cic. Philipp. xiii. 18). The 
decempeda was in fact the standard land-measure. 
[Actus; Agrimensores.] 

DECEM PRIME [Senatus.] 

DECE'MVIRI, the Ten Men, the name of 
various magistrates and functionaries at Rome. 

1. Decemviri Legibus Scribendis, were ten 
persons, who were appointed to draw up a code of 1 
laws, and to whom the whole government of the 
state was entrusted. As early as B. c. 462, a 
law was proposed by C. Terentilius Arsa, that 
commissioners should be appointed for drawing up 
a body of laws ; but this was violently opposed by 
the patricians (Liv. iii. 9) ; and it was not till 
after a struggle of nine years that the patricians 
consented to send three persons to Greece, to col- 
lect such information respecting the laws and con- 
stitutions of the Greek states as might be useful 
to the Romans. (Liv. iii. 31.) They were absent a 
year ; and on their return, after considerable dis- 
pute between the patricians and plebeians, ten 
commissioners of the patrician order were ap- 
pointed with the title of " decemviri legibus scri- 
bendis," to whom the revision of the laws was 
committed. All the other magistrates were ob- 
liged to abdicate, and no exception was made even 
in favour of the tribunes ; for there is no reason to 
suppose, as Niebuhr has done, that the tribune- 
ship was not given up till the second decemvirate 
(Cic. de Rep. ii. 36 ; Liv. iii. 32 ; Dionys. x. 56). 
They were thus entrusted with supreme power in 
the state. 

The decemviri entered upon their office at the 
beginning of is. c 451. They consisted of App. 
Claudius and T. Genucius Augurinus, the new 
consuls, of the praefectus urbi, and of the two 
quaestores parricidii as Niebuhr conjectures, and 
of five others chosen by the centuries. They dis- 
charged the duties of their office with diligence, 
and dispensed justice with impartiality. Each ad- 
ministered the government day by day in succes- 
sion as during an interregnum ; and the fasces were 
only carried before the one who presided for the 
day. (Liv. iii. 33.) They drew up a body of laws, 
distributed into ten sections ; which, after being 
approved of by the senate and the comitia, were 



engraven on tables of metal, and set up in the 
comitium. 

On the expiration of their year of office, all 
parties were so well satisfied with the manner in 
which they had discharged their duties, that it was 
resolved to continue the same form of government 
for another year ; more especially as some of the 
decemvirs said that their work was not finished. 
Ten new decemvirs were accordingly elected, of 
whom Appius Claudius alone belonged to the former 
body (Liv. iii. 35 ; Dionys. x. 53) ; and of his 
nine new colleagues, Niebuhr thinks that five were 
plebeians. These magistrates framed several new 
laws, whicli were approved of by the centuries, 
and engraven on two additional tables. They 
acted, however, in a most tyrannical manner. Each 
was attended by twelve lictors, who carried not 
the rods only, but the axe, the emblem of sove- 
reignty. They made common cause with the patri- 
cian party, and committed all kinds of outrages 
upon the persons and property of the plebeians and 
their families. When their year of office expired 
they refused to resign or to appoint successors. 
Niebuhr, however, considers it certain that they 
were appointed for a longer period than a year ; 
since otherwise they would not have been required 
to resign their office, but interreges would at the 
expiration of the year have stepped into their place. 
This, however, does not seem conclusive ; since the 
decemvirs were at the time in possession of the 
whole power of the state, and would have pre- 
vented any attempt of the kind. At length, the 
unjust decision of App. Claudius, in the case of 
Virginia, which led her father to kill her with his 
own hands to save her from prostitution, occasioned 
an insurrection of the people. The decemvirs 
were in consequence obliged to resign their office, 
B. c. 449 ; after which the usual magistracies were 
re-established. (Niebuhr, Hist, of Rome, vol. ii. 
pp. 309 — 356 ; Arnold, Hist, of Rome, vol. i. pp. 
250 — 313 ; Becker, Romisch. Alterthum. vol. ii. 
part ii. pp. 126 — 136.) 

The ten tables of the former, and the two tables 
of the latter decemvirs, together form the laws of 
the Twelve Tables, of which an account is given 
in a separate article. [Lex Duodecim Tab.] 

2. Decemviri Litibus or Stlitibus Judican- 
dis, were ' magistrates forming a court of justice, 
which took cognizance of civil cases. From Pom- 
ponius {de Orig. Jur. Dig. i. tit. 2. s. 2. § 29) it 
would appear that they were not instituted till the 
year b. c 2.92, the time when the triumviri capi- 
tales were first appointed. Livy (iii. 55) however 
mentions decemvirs as a plebeian magistracy very 
soon after the legislation of the Twelve Tables ; 
and while Niebuhr (Hist, of Rome, vol. ii. p. 324, 
&c.) refers these decemvirs to the decemviral 
magistrates, who had shortly before been abolished, 
and thus abides by the account of Pomponius, 
Gdttling (Gesch. der Rom. Staatsv. p. 241, &c.) 
believes that the decemvirs of Livy are the de- 
cemviri litibus judicandis, and refers their insti- 
tution, together with that of the centumviri, to 
Servius Tullius. [Centumviri.] But the history 
as well as the peculiar jurisdiction of this court 
during the time of the republic are involved in 
inextricable obscurity. In the time of Cicero it 
still existed, and the proceedings in it took place 
in the ancient form of the sacraraentum. (Cic. pro 
Caecin. 33, pro Dom. 29.) Augustus transferred 
to these decemvirs the presidency in the courts of 



DECIMATIO. 



DECUMAE. 



3;j; 



the centnmviri. (Suet. Aug. 36 ; Dion Cass, 
liv, 26.) During the empire, this court had juris- 
diction in capital matters, which is expressly 
stated in regard to the decemvirs. 

3. Decemviri Sacris Faciindis, sometimes 
called simply Decemviri Sacrorum, were the 
members of an ecclesiastical collegium, and were 
elected for life. Their chief duty was to take care 
of the Sibylline books, and to inspect them on all 
important occasions, by command of the senate. 
(Liv.-vii. 27, xxi. 62, xxxL 12.) Virgil (Aen. 
vi. 73) alludes to them in his address to the Sibyl 
— " Lectos sacrabo viros." 

Under the kings the care of the Sibylline books 
was committed to two men (duumviri) of high 
r.ink (Dionys. iv. 62), one of whom, called Atilius 
or Tullius, was punished by Tarquinius, for being 
unfaithful to his trust, by being sewed up in a sack 
and cast into the sea. (Dionys. /. c. ; VaL Max. i. 
I. § 13.) On the expulsion of the kings, the care 
of these books was entrusted to the noblest of the 
patricians, who were exempted from all military and 
civil duties. Their number was increased about 
the year 367 B. c. to ten, of whom five were chosen 
from the patricians and five from the plebeians. 
( Liv. vi. 37, 42.) Subsequently their number was 
still further increased to fifteen (r/vimlecemviri) • 
but at what time is uncertain. As, however, there 
were decemviri in b.c. 82, when the capitol was 
burnt (Dionys. /. c), and we read of quindecemviri 
in the time of Cicero (ad Fam. viii. 4), it appears 
probable that their number was increased from tea I 
to fifteen by Sulla, especially as we know that he , 
increased the numbers of several of the other eccle- 
siastical corporations. Julius Caesar added one ' 
more to their number (Dion Cass. xlii. 51) ; but 
this precedent was not followed, as the collegium 
nppears to have consisted afterwards of only fifteen. 

It was also the duty of the decemviri and 
quinqueviri to celebrate the games of Apollo (Liv. 
x. 8), and the secular games. (Tac. Ann. xi. 1 1 ; 
1 1 or. ( arm. Saee. 70.) They were, in fact, con- 
sidered priests of Apollo, whence each of them had 
in his house a bronze tripod dedicated to that deity. 
(Sen - , ail Vinj. Aen. iii. 332.) 

4. Decemviri Agris DlVIDUNDIS, were some- 
times appointed for distributing the public land 
among the citizens. (Liv. xxxi. 4, xlii. 4.) 

DKCKNNA'LIA or DECE'NNIA, a festival 
celebrated with games every ten years by the 
Baman emperors. This festival owed its origin 
to the fact that Augustus refused the supreme 
power when offered to him for his life, and would 
only consent to accept it for ten years, and when 
these expired, for another pcrii>d of ten years, and 
so on to the end of his life. The memory of this 
■ i' My, as Gibbon has happily called it, was pre- 
served to the last ages of the empire by the festival 
of the /Jrrennalia, which wan solemnised by sub- 
» •(■•••kI emperors every tenth year of their reign, 
although they had received the impcrium for life, 
.'■ml not for the limited period of ten years. (Dion 
CUM liii. 16, liv. 12, Iviii. 24, Ixxvi! 1 ; Trebell. 
Poll. Saloniu. 3, (! allien. 7.) 

DECIMA'TIO, was the selection, by lot, of 
every tenth man for punishment, when any number 
of soldiers in the Roman army had been guilty of 
liny crime. The remainder usually luid barley 
mluwed to them instead of wheat. (Polyb. vi. 38 ; 
Cic. ( </• nt. 46.) This punishment does not appear 
Ui have been often indicted in the early times of 



the republic ; but is frequently mentioned in the 
civil wars, and under the empire. It is said to 
have been revived by Crassus, after being discon- 
tinued for a long time. (Plut. Crass. lU.) For 
instances of this punishment, see Liv. ii. 59 ; Suet 
Awj. 24, Gallja, 12 ; Tacit. Hist. L 37 ; Dion 
Cass. xli. 35, xlix. 27, 38. 

Sometimes only the twentieth man was punished 
(vicesimatio),or the hundrcth (centesimatio, Capitol. 
Macrin. 12). 

DKCIMATRUS. [Qiinquatrus.] 

DECRETUM, seems to mean that which is 
determined in a particular case after examination 
or consideration. It is sometimes applied to a de- 
termination of the consuls, and sometimes to a de- 
termination of the senate. A decretum of the 
senate would seem to differ from a senatus-con- 
sultura, in the way above indicated : it was limited 
to the special occasion and circumstances, and this 
would be true whether the decretum was of a 
judicial or a legislative character. But this dis- 
tinction in the use of the two words, as applied to 
an act of the senate, was perhaps not always ob- 
served. Cicero (ad Fam. xiii. 56) opposes edictuin 
to decretum ; between which there is, in this pas- 
sage, apparently the same analog} - as between a 
consultum and decretum of the senate. A de- 
cretum, as one of the parts or kinds of constitutio, 
was a judicial decision in a case before the sove- 
reign, when it was carried to the auditorium 
principis by way of appeal. Paulus wrote a work 
in six books on these Imperiales Scntentiae. 
Gaius (iv. 140), when he is speaking of interdicta, 
says that they are properly called decreta, "cum 
(praetor aut proconsul) fieri aliquid jubet," and 
interdicta when he forbids. A judex is said "con- 
demnare," not "deccrnere," a word which, in 
judicial proceedings, is appropriate to a magistratus 
who has jurisdictio. [G. L.] 

DE'CUMAE (sc. partes), the tithes paid to 
the state by the occupiers of the ager publicus 
[Ager Pf/BIilCUB] : hence the Publicani are also 
called Dccumani from their farming these tithes. 
[Publicani.] 

A similar system likewise existed in Greece. 
Peisistratus, for instance, imposed a tax of a tenth 
en the lands of the Athenians, which the Peisistra- 
tidae lowered to a twentieth. (Thuc. vi. 54.) The 
same principle was also applied to religious pur- 
poses : thus Xcnophon subjected the occupiers 
(rovs ix 0VTa$ Ka ' Kafmovfiivous) of the land he 
purchased near Scillus, to a payment of tithes in 
support of a temple of Artemis, the goddess to 
whom the purchase-money was dedicated ; the 
Delian Apollo also received tenths from the 
Cy eludes. (Xen. Anah. v. 3.. §11; Callim. Hymn. 
M. 272, Spanheim.) That many such charges 
originated in conquest, or something similar, may 
be inferred from the statement of Herodotus (vii. 
132), that at the time of the Persian war the con- 
federate Greeks made a vow, by which nil the 
states who had surrendered themselves to the 
enemy, were subjected to the payment of tithes 
for the use of the god ut Delphi. 

The tenth (to itttiiKaTov) of confiscated pro- 
perty was also sometimes applied to similar ob- 
jects. (Xen. Ilrtl. i. 7. 8 11.) The tithes of the 
public lands belonging to Athens were funned out 
as nt Bone to contractors, railed J«kotoi»'oi : the 
term ititarT\\6yoi was npplied to the collectors ; 
but the callings were, as we might suppose, often 
DO 9 



388 DEJECTI EFFUSIVE ACTIO. 



DELATOR. 



united in the same person. The title SeKaTevrai 
is applied to both. A SeKarri or tenth of a dif- 
ferent kind was the arbitrary exaction imposed by 
the Athenians (b. c. 410) on the cargoes of all 
ships sailing into or out of the Pontus. They lost 
it by the battle of Aegospotami (b. c. 405) ; but it 
was re-established by Thrasybulus about B. c. 391. 
This tithe was also let out to farm. (Demosth. 
c. Lep. p. 475 ; Xen. Hell. iv. 8. § 27, 31.) The 
tithe-house for the receipt of this duty was called 
S6KaT6uT7)f)iov : to sail by necessity to it, irapayco- 
■yia^iv. (Bb'ckh, Publ. Econ. of Athens, p. 325, 
&c, 2nded.) [R. W.] 

DECUMA'NI. [Decumae.] 

DECUNCIS, another name for the dextans. 
[As, p. 140, b.] 

DECU'RIA. [Exercitus.] 

DECU'RIAE JUDICUM. [Judex.] 

DECURIO'NES. [Colonia ; Exeucitus.] 

DECU'RRERE. [Funus.] 

DECUSSIS. [As, p. 140, b.] 

DEDICA'TIO. [Inaugurate.] 

DEDITI'CII, are one of the three classes of 
libertini. The lex Aelia Sentia provided that, if a 
slave was put in bonds by his master as a punish- 
ment, or branded, or put to the torture for an 
offence and convicted, or delivered up to fight with 
wild beasts, or sent into a ludus (gladiatorius), or 
put in confinement (custodia), and then manumitted 
either by his then owner, or by another owner, he 
merely acquired the status of a peregrinus dediti- 
cius, and had not even the privileges of a Latinus. 
The peregrini dediticii were those who, in former 
times, had taken up arms against the Roman 
people, and being conquered, had surrendered 
themselves. They were, in fact, a people who 
were absolutely subdued, and yielded uncon- 
ditionally to the conquerors, and, of course, had no 
other relation to Rome than that of subjects. The 
form of deditio occurs in Livy (i. 37). 

The dediticii existed as a class of persons who 
were neither slaves, nor cives, nor Latini, at least 
as late as the time of Ulpian. Their civil condi- 
tion, as is stated above, was formed by analogy to 
the condition of a conquered people, who did not 
individually lose their freedom, but as a community 
lost all political existence. In the case of the Volsci, 
Livy inclines to the opinion that the four thousand 
who were sold, were slaves, and not dediti. (Gaius, 
i. 1 3, &c. ; Ulpianus, Frag. tit. 1. s. 1 1 .) [G. L.] 

DEDI'TIO. [Dediticii.] 

DEDUCTO'RES. [Ambitus.] 

DEFENSO'RES. [Provincia.] 

DE'FRUTUM. [Vinum.] 

DEICELISTAE (SeiKeXio-rai). [Comoedia.] 

DEIGMA (Se7yp.a), a particular place in the 
Peiraeeus, as well as in the harbours of other 
states, where merchants exposed samples of their 
goods for sale. (Harpocrat. s. v. ; Pollux, ix. 34 ; 
Aristoph. Equit. 974 ; Dem. c. Lacr. p. 932. 20 ; 
Theophr. Char. 23.) The samples themselves were 
also called deiqmata. (Plut. Demosth. 23 ; Btickh, 
Publ. Econ. of Athens, -p. 58, 2nd. ed.) 

DEJECTUM EFFUSUM. [Dejecti Effu- 
sive Actio.] 

DEJECTI EFFUSIVE ACTIO." If any 
person threw or poured out anything from a place 
or upper chamber {cacnacidum) upon a road which 
was frequented by passengers, or on a place where 
people used to stand, and thereby caused any 
damage, the praetor's edict gave the injured 



person an actio in duplum. The action was against 
the occupier. If several persons inhabited a 
caenaculum, and any injury was done to another 
by a thing being thrown or poured out of it, he 
had a right of action against any of them, if the 
doer was uncertain. The damages recoverable 
were to double the amount of the damage, except 
in the case of a liber, when they were fifty aurei, 
if he was killed ; and any person might sue for the 
money within a year, but the right of action was 
given in preference to a person " cujus interest, 1 ' 
or to affines or cognati. If a man was only in- 
jured in his person, the damages were " quantum 
ob earn rem aequum judici videbitur eum cum quo 
agatur condemnari," which included the expences 
of a medical attendant, loss of time, and loss of a 
man's earnings during the time of his cure, or loss 
of future earnings by reason of his having been 
rendered incapable of making such earnings. If 
injury was caused by a thing being thrown from a 
ship, there was an actio utilis ; for the words of 
the edict are, " Unde in eum locum quo volgo iter 
fiat vel in quo consistatur, dejectum," &c. 

The edict applied to things which were sus- 
pended over a public place and which by their fall 
might injure people. It allowed any person to 
bring an action for the recovery of ten aurei 
against any person who disregarded this rule of 
the edict. If a thing so suspended, fell down and 
injured any person, there was an actio against 
him who placed it there. 

As many of the houses in Rome were lofty, and 
inhabited to the top by the poor (Cic. Ayr. ii. 
35 ; Hor. Ep. i. 1. 91 ; Juv. Sat. x. 17), and 
probably as there were very imperfect means for 
carrying off rubbish and other accumulations, it 
was necessary to provide against accidents which 
might happen by such things being thrown through 
the window. According to Labeo's opinion, the 
edict only applied to the daytime, and not to the 
night, which, however, was the more dangerous 
time for a passer-by. (Dig. 9. tit. 3 ; Dig. 44. 
tit. 7. s. 5. § 5 ; Inst. 4. tit. 5 ; Juv. Sat. iii. 268, 
&c; Thibaut, System, &c. §566, 9th ed.) [G.L.] 

DEILIAS GRAPHE' (SeiAks ypcupt), the 
name of a suit instituted against soldiers who 
had been guilty of cowardice. (Aesch. c. Ctesiph. 
p. 566 ; Lys. c. Alcib. pp. 520, 525.) The pre- 
sidency of the court belonged to the strategi, and 
the court was composed of soldiers who had served 
in the campaign. (Lys. c. Alcib. p. 521.) The 
punishment on conviction appears to have been 
aTifiia. Compare Astrateias Graphe. 

DEIPNON (Suirvou). [CoENA.] 

DELA'TOR, an informer. The delatores, 
under the emperors, were a class of men who 
gained their livelihood by informing against their 
fellow-citizens. (Suet. Tib. 61, Dom. 12 ; Tacit. 
Ann. iv. 30, vi. 47.) They constantly brought 
forward false charges to gratify the avarice or 
jealousy of the different emperors, and were con- 
sequently paid according to the importance of the 
information which they gave. In some cases, 
however, the law specified the sums which were 
to be given to informers. Thus, when a murder 
had been committed in a family, and any of the 
slaves belonging to it had run away before the 
quaestio, whoever apprehended such slaves re- 
ceived, for each slave whom he apprehended, a 
reward of five aurei from the property of the de- 
ceased, or else from the state, if the sum could 



DELIA. 



DEMARCHE 



389 



not be raised from the property of the deceased. 
(Dig. 29. tit. 5. s. 25.) In the senatus consultuin 
quoted by Frontinus (De Ar/uaeduet.), the informer 
received half of the penalty in which the person 
was fined who transgressed the decree of the senate. 
There seems also to have been a fixed sum given 
to informers by the lex Papin, since we are told 
that Nero reduced it to a fourth. (Suet. A'er. 10.) 

The number of informers, however, increased so 
rapidly under the early emperors, and occasioned 
so much mischief in society, that many of them 
were frequently banished, and punished in other 
ways, by various emperors. (Suet. Tit. 8, Jjom. 
9 ; Mart. L 4 ; Plin. Paneg. 34 ; Brissonius, Ant. 
Select, iii. 17.) 

DELECTUS. [Exercitus.] 

DE'LIA (5ij\io), the name of festivals and 
games celebrated at the great panegyris in the 
island of Delos, the centre of an amphictyony, to 
which the Cycladcs and the neighbouring Ionians 
on the coasts belonged. (Horn. Hymn, in Apoll. 
147, &c.) This amphictyony seems originally to 
have been instituted simply for the purpose of re- 
ligious worship in the common sanctuary of Apollo, 
the dtos Ttarpyos of the Ionians, who was believed 
to have been bom at Delos. The Delia, as ap- 
pears from the Hymn on Apollo (compare Thucyd. 
iii. 104; Pollux, ix. 61), had existed from very 
early times, and were celebrated every fifth year 
(Pollux, viii. 104), and as Bockh supposes, with 
great probability, on the sixth and seventh days of 
Thargelion, the birthdays of Apollo and Artemis. 
The members of the amphictyony assembled on 
these occasions (IBtwpovv) in Delos, in long gar- 
ments, with their wives and children, to worship 
the god with gymnastic and musical contests, 
choruses, and dances. That the Athenians took 
part in these solemnities at a very early period, 
is evident from the Deliastae (afterwards called 
dtapot) mentioned in the laws of Solon (Athen. vi. 
p. 234); the sacred vessel (Secepis), moreover, 
which they sent to Delos every year, was said to 
be the same which Theseus had sent after his re- 
turn from Crete. (See the commentators on Plato, 
Crito, p. 43, c.) The Dclians, during the celebra- 
tion of these solemnities, performed the office of 
cooks for those who visited their island, whence 
they were called 'EX<o5irroc (Athen. IT. p. 173). 

In the couidc of time the celebration of this 
ancient panegyris in Delos had ceased, and it was 
not revived until 01. 88. 3, when the Athenians, 
nfter having purified the island in the winter of 
that year, restored the ancient solemnities, and 
added horse-races which had never before taken 
place at the Delia. (Thucyd. I.e.) After this re- 
storation, Athens being at the head of the Ionian 
confederacy took the most prominent part in the 
celebration of tin- Delia; and though the islanders, 
in common with Athens, provided the choruses and 
victims, the leader ( Apx 1 """'? 01 ), w 'ho conducted 
the whole solemnity, was an Athenian (I'lut. Nie. 
3; Wolf. Intrvl. ml /Jemo.ilh. h]>l. p. If.), and 
th.' Athrnians had the superintendence of the com- 
mon sanctuary. [AJUPHICTYONS.] 

From these solemnities, belonging to the great 
Delinn panegyris, we must distinguish the letter 
Itelia, which were celebrated even, - year, probably 
on the 6th of Thargelion. The Athenians on this oc- 
casion sent the sacred vessel (dfapit), which the 
pint of Apollo adorni'd with laurel branches, to 
BtlOBj The embassy was called dtup(a : and those 



who sailed to the island, &twpol ; and before they 
set sail a solemn sacrifice was offered in the Delion, 
at Marathon, in order to obtain a happy voyage. 
(Miiller, Dor. ii. 2. § 14.) During the absence of 
the vessel, which on one occasion lasted 30 days 
( Plat Phaedon, p. 58 ; Xen. Memorab. iv. 8. § 2), 
the city of Athens was purified, and no criminal 
was allowed to be executed. The lesser Delia 
were said to have been instituted by Theseus, 
though in some legends they are mentioned at a 
much earlier period, and Plutarch (Thes. 23) re- 
lates that the ancient vessel used by the founder 
himself, though often repaired, was preserved and 
used by the Athenians down to the time of Deme- 
trius Phalereus. (Bbckh, Pub!. Ecoii. of At/i. p. 
214, Kc. 2d edit. ; Thirlwall, Hist, of Greece, voL 
iii. p. 217.) [L.S.] 

DELICTUM. [Crimen.] 

DELPHINIA (SeA^W), a festival of the 
same expiatory character as the Apollonia, which 
was celebrated in various towns of Greece, in 
honour of Apollo, surnamed Dcphinius, who was 
considered by the Ionians as their 3tbs Trarptpos. 
The name of the god, as well as that of his fes- 
tival, must be derived from the belief of the an- 
cients that in the beginning of the month of Muny- 
chion (probably identical with the Aeginetan 
Dclphinius) Apollo came through the defile of 
Parnassus to Delphi, and began the battle with 
Delphyne. As he thus assumed the character of a 
wrathful god, it was thought necessary to appease 
him, and the Delphinia, accordingly, were cele- 
brated at Athens, as well as at other places where 
his worship had been adopted, on the 6th of Muny- 
chion. At Athens seven boys and girls carried 
olive-branches, bound with white wool (called the 
iK€T7)pi'a), into the Delphinium. (Pint Thes. 18.) 

The Delphinia of Aegina are mentioned by the 
scholiast on Pindar (Pi/t/i. viii. 88), and from his 
remark on another passage (Oli/mj>. vii. 151), it is 
clear that they were celebrated with contests. 
(Compare Diog. Lai-rt. Vit. Thai. c. 7 ; Miiller, 
Dor. ii. 8. § 4.) Concerning the celebration of the 
Delphinia in other places nothing is known ; but 
we have reason to suppose that the rites observed 
at Athens and in Aegina were common to all 
festivals of the same name. See Miiller, Aeqinct. 
p. 152. [L.S.] 

DELPHIS (8(\<p'ts), an instrument of naval 
warfare. It consisted of a large mass of iron or 
lead suspended on a beam, which projected from 
the mast of the ship like a yard-arm. It was used 
to sink, or make a hole in, an enemy's vessel, by 
being dropped upon it when alongside. (Aristoph. 
Kijuit. 759 ; Time. vii. 4 1 ; Sehoi. ad loc. ; 
Hesych. ». v.) There seems no necessity for sup- 
posing that it was made in the shape of a dolphin. 
Mars of iron used for ballast are at the present day 
called " pigs," though they bear no resemblance to 
that animal. Probably the 8t\<p'ivti were hoisted 
aloft only when going into action. We may also 
conjecture that they were fitted, not so much to 
the swift (rax'tou i triremes, as to the military 
transports (<TTp<rnwTi!f i, birKiTdyaryoi), fur the 
sailing of the former would be much impeded by 
so large a weight of metal. At any rate, those 
that Thncydides speaks of were not on the tri- 
reme*, hilt nil the iKxdStt, 

DKLI'HHI'M. ITk.mii.im.] 
DEMARCH1 (8Vapx n 0, the chief magiitratea 
of the demi (8ij/uii) in Attica, and said to have 
3 



390 DEMIOPRATA. 



DEMOCRATIA. 



been first appointed by Cleisthenes. Their duties 
were various and important. Thus, they convened 
meetings of the demus, and took the votes upon 
all questions under consideration ; they had the 
custody of the K-qiiapx^bv ypafifiartiov, or book 
in which the members of the demus were enrolled ; 
and they made and kept a register of the landed 
estates (xcopia) in their districts, whether belong- 
ing to individuals or the body corporate ; so that 
whenever an elcrcpopd, or extraordinary property- 
tax was imposed, they must have been of great 
service in assessing and collecting the quota of 
each estate. Moneys due to the demus for rent, 
&c. were collected by them (Dem. c. Eub. p. 1318), 
and it may safely be allowed that they were em- 
ployed to enforce payment of various debts and 
dues claimed by the state. For this purpose they 
seem to have had the power of distraining, to which 
allusion is made by Aristophanes (Nub. 37). In 
the duties which have been enumerated, they sup- 
planted the nauorari (vavitpapoi) of the old con- 
stitution ; their functions, however, were not con- 
fined to duties of this class, for tbey also acted as 
police magistrates : thus, in conjunction with the 
dicasts of the towns (Si/caorai Kara they 
assisted in preserving peace and order, and were 
required to bury, or cause to be buried, any dead 
bodies found in their district : for neglect of this 
duty they were liable to a fine of 1000 drachmae. 
(Dem. c. Macar. 1069. 22.) Lastly, they seem to 
have furnished to the proper authorities a list of 
the members of the township who were fit to serve 
in war (KaraX6yovs iiroi^aavro, Demosth. c. 
Pohjc. p. 1208 ; Harpocr. s. v. ; Poll. viii. 118 ; 
K. F. Hermann, Griech. Staatsalterth. § 111 ; 
Bdckh, Public Econ. of Athens, pp. 157, 512 ; 
Schbmann, De Comitiis, p. 376, &c). Demarchi 
was the name given by Greek writers to the 
Roman tribunes of the plebs. [R. W.] 

DEMENS. [Curator.] 
DEMENSUM. [Servus.] 
DEME'NTIA. [Curator.] 
DEME'TRIA (Sjj/iTjTpi'o), an annual festival 
which the Athenians, in 307 B. c, instituted in ho- 
nour of Demetrius Poliorcetes, who, together with 
his father Antigonus, were consecrated under the 
title of saviour gods. It was celebrated every year 
in the month of Munychion, the name of which, as 
well as that of the day on which the festival was 
held, was changed into Demetrion and Demetrias. 
A priest ministered at their altars, and conducted 
the solemn procession, and the sacrifices and games 
with which the festival was celebrated. (Diodor. 
Sic. xx. 46; Pint. Demetr. 10,46.) To honour 
the new god still more, the Athenians at the same 
time changed the name of the festival of the Dio- 
nysia into that of Demetria, as the young prince 
was fond of hearing himself compared to Dionysus. 
The demetria mentioned by Athenaeus (xii. p. 
536) are probably the Dionysia. Respecting the 
other extravagant flatteries which the Athenians 
heaped upon Demetrius and Antigonus, see Athen. 
vi. p. 252 ; Herm. Polit. Ant. of Greece, § 175. n. 
6, 7, and 8 ; and Thirl wall, Hist, of Greece, vol. vii. 
p. 331. [L.S.] 
DEMINU'TIO CAPITIS. [Caput.] 
DEMIOPRA'TA (SrifiiSirpaTa, sc. irpa.yfj.aTa 
or Kriifiara), was property confiscated at Athens 
and sold by public auction. The confiscation of 
property was one of the most common sources of 
revenue in many of the Grecian states ; and Aris- 



tophanes (Vesp. 559, with Schol.) mentions the 
5i)lxi6iTpaTa as a separate branch of the public re- 
venue at Athens. An account of such property 
was presented to the people in the first assembly 
of every prytaneia (Pollux, viii. 95) ; and lists of 
it were posted upon tablets of stone in different 
places, as was the case at Eleusis, with the cata- 
logue of the articles which accrued to the temple 
of Demeter and Persephone, from persons who 
had committed any offence against these deities. 
(Pollux, x. 97.) Many monuments of this kind 
were collected by Greek antiquarians, of which an 
account is given by Bdckh (Publ. Econ. of Athens, 
pp. 197, 392, 2d edit.) and Meier (De Bonis Dam- 
natorum, p. 160, &c). 

DEMIURGI (Srifiiovpyoi). These magistrates, 
whose title is expressive of their doing the service 
of the people, are by some grammarians stated to 
have been peculiar to Dorian states ; but, perhaps, 
on no authority, except the form dafitovpyoi. 
Miiller (Dorians, vol. ii. p. 145) observes, on the 
contrary, that " they were not uncommon in the 
Peloponnesus, but they do not occur often in the 
Dorian states." They existed among the Eleians 
and Mantineians, with whom they seem to have 
been the chief executive magistracy (ot Srifiiovpyoi 
ical fi /SouAr;, k. r. A., Thuc. v. 47). We also read 
of demiurgi in the Achaean league, who probably 
ranked next to the strategi. [Achaicum Foedus, 
p. 5, b.] Officers named Epidemiurgi, or upper 
demiurgi, were sent by the Corinthians to manage 
the government of their colony at Potidaea. (Thuc. 
i. 56.) [R.W.] 
DE'MIUS (SV'w). [Tormentum.] 
DEMOCRATIA (%«>Kpcm'a), that form of 
constitution in which the sovereign political power 
is in the hands of the demus, or commonalty. In 
the article Aristocratia the reader will find 
noticed the rise and nature of the distinction be- 
tween the politically privileged class of nobles and 
the commonalty, a class personally free, though 
without any constitutionally recognized political 
power. It was this commonalty which was pro- 
perly termed the demus (Srjfios). The natural 
and inevitable effect of the progress of society 
being to diminish, and finally do away with, those 
distinctions between the two classes, on which the 
original difference in point of political power was 
founded, when the demus, by their increasing 
numbers, wealth, and intelligence, had raised 
themselves to a level, or nearly so, in real power 
and importance with the originally privileged class, 
now degenerated into an oligarchy, a struggle was 
sure to ensue, in which the demus, unless over- 
borne by extraneous influences, was certain to gain 
the mastery. The sovereign power of the demus 
being thus established, the government was termed 
a democracy. There might, however, be two 
modifications of the victory of the commonalty. If 
the struggle between the classes had been pro- 
tracted and fierce, the oligarchs were commonly 
expelled. This was frequently the case in the 
smaller states. If the victory of the commonalty 
was achieved more by the force of moral power 
than by intestine warfare and force of arms, 
through the gradual concessions of " the few," the 
result (as at Athens) was simply the entire ob- 
literation of the original distinctions. This form of 
the constitution was still, in the most literal sense 
of the term, a democracy ; for as wealth and birth 
no longer formed the title to political power, though 



DEMOCRATIC. 

the wealthy and noble still remained citizens of 
the commonwealth, the supreme power was to all 
intents and purposes in the hands of the class for- 
merly constituting the demus, by virtue of their 
being the more numerous. (Aristot Pol. iv. 4, 
p. 122, ed. Gottling.) When the two classes 
were thus equalised, the term demus itself was 
frequently used to denote the entire body of free 
citizens — " the many," in contrast with " the 
few." 

It is obvious that, consistently with the main- 
tenance of the fundamental principle of the supreme 
power being in the hands of the demus, various 
modifications of the constitution in detail might 
exist, and different views might be held as to what 
was the perfect type of a democracy, and what wa3 
an imperfect, or a diseased form of it. Aristotle 
( Pol. iv. 3) points out that a democracy cannot be 
defined by the mere consideration of numbers. 
For if the wealthy were the more numerous and 
possessed the supreme power, this would not be a 
democracy. A democracy is rather, when every 
free citizen is a member of the sovereign body 
(Sijftoj yXv iariv orav oi i\.ev8tpot Kvpwi &<riv). 
This definition he expresses in a more accurate 
form thus : «o-rt Sri/iOKpaTia n*v '6rav oi (Ktvdtpot 
Hal tntopoi Tthuovs orrit Kvpioi tt)i apxW iiaiv. 
It would still be a democracy if a certain amount 
of property were requisite for filling the public 
offices, provided the amount were not large. 
(Pot. iv. 4. p. 122, cd. Gottl.) A Poiiteia itself 
is one species of democracy (Pol. ir. 3. p. 117), 
democracy, in the full sense of the word, being a 
sort of -raptKGaots of it But for a perfect and 
pure democracy it was necessary that no free 
citizen should be debarred on account of his in- 
feriority in rank or wealth from aspiring to any 
office, or exercising any political function, and that 
each citizen should be allowed to follow that mode 
of life which he chose. (Arist. Pol. iv. 4, vi. I.) 
In a passage of Herodotus (iii. 80), where we pro- 
bably have the ideas of the writer himself, the 
characteristics of a democracy are specified to be — 
I. equality of legal rights ((Vovo/iiJj) ; 2. the ap- | 
pnintment of magistrates by lot ; 3. the account- 
ability of all magistrates and officers ; 4. the refer- 
ence of all public matters to the decision of the 
community at large. Aristotle also (Hint. i. 8. 
§ 4) savs : (art 5« ormoKpaTia fiiv iroKtTfia (v t) 
KAvpa Siavffiomat rets apx**, oKtyapx'ia oi iv j} 
oi diri rifirjfidTwv. In another passage (Pol. vi. 1 ), 
after mentioning the essential principles on which 
a democracy is based, he goes on to say : " The 
following points are characteristic of a democracy ; 
that all magistrates should be chosen out of the 
whole body of citizens ; that all should rule each, 
and each in turn rule all ; that either all magistra- 
cies, or those not requiring experience and profes- 
sional knowledge, should be assigned by lot ; that 
there should be no property qualification, or but a 
very small one, for filling any magistracy; that the 
same man should not fill the same office twice, or 
should fill offices but few times, and but few of- 
keOj except in the case of military commands ; that 
all^ or *» many as possible of the magistracies, 
should be of brief duration ; that all citizens should 
be qualified to serve as dicasts ; that the supreme 
power in everything should reside in the public 
assembly, and that no magistrate should lie en- 
trusted with irresponsible power except in very small 
nmiters. (t'omp. Plat Rup. viii. pp. 658, 662, 



DEMUS. 391 
563, Leg. iii. p. 690. c. vi. p. 757, e.) Aristotle 
(Pol. iv. 3, 4, 5, vi. 1, 2) describes the various 
modifications which a democracy may assume. It 
is somewhat curious that neither in practice nor in 
theory did the representative system attract any 
attention among the Greeks. 

That diseased form of a democracy, in which 
from the practice of giving pay to the poorer citi- 
zens for their attendance in the public assembly, 
and from other causes, the predominant party in 
the state came to be in fact the lowest class of the 
citizens (a state of things in which the democracy 
in many respects resembled a tyranny : see Arist. 
Pol. iv. 4) was by later writers (Polyb. vi. 4, 57; 
PluL de Monarch, c. 3) termed an Ochlocracy 
(6x\ohp<ttia. — the dominion of the mob); but the 
term is not found in Aristotle. (Wachsmuth, 
Hellenisehe Altertliumsk. c. 7, 8 ; K. F. Her- 
mann, LehrbucJi der Griccli. Staatsalterth'umer, 
§§ 52, 66 — 72 ; Thirl wall, History of Greece, vol. i. 
c. 10.) [C. P.M.] 

DKMONSTRA'TIO. [Actio.] 

DEMOPOIETOS (87)M07roi7jTos), the name 
given to a foreigner who was admitted to the rights 
of citizenship at Athens by a decree of the people, 
on account of services rendered to the state. Such 
citizens were, however, excluded from the phra- 
triae, and could not hold the offices of either archon 
or priest (Dem. c. A'eaer. p. 1376), but were re- 
gistered in a phvle and deme. [Civitas, Gkeek, 
p. 288, b.] 

DEMO'SII (57ViO<rioi), public slaves at Athens, 
who were purchased by the state. Some of them 
filled subordinate places in the assembly and courts 
of justice, and were also employed as heralds, 
checking clerks, &c. They were usually called 
5>;u.«Tiui oiVtVoi, and, as we learn from Ulpian 
(ad Dem. Olynlli. ii. p. 15), were taught at the 
expense of the state to qualify them for the dis- 
charge -of such duties as have been mentioned. 
(Hcmsterh. ad Politic, ix. 10 ; Maussac. ad Har- 
jujcrai. s. v. SjipoVios ; Petitus, Leg. Alt. p. 342.) 
As these public slaves did not belong to any one 
individual, they appear to have possessed certain 
legal rights which private slaves had not (Meier, 
Alt. Process, pp.401, 560; Acschin. c. Timurch. 
pp.79, 85.) 

Another class of public slaves formed the city 
guard ; it was their duty to preserve order in the 
public assembly, and to remove any person whom 
the Prytaneis might order. (Schneider, Ad Xen. 
Mem. iii. 6. § 1 ; Plato, Protag. p. 319, and Hein- 
dorf 's note ; Aristoph. Acharn. 54, with the com- 
mentators.) They are generally called bowmen 
(to^otoi) ; or from the native country of the ma- 
jority, Scythians (2«ufla;) ; and also Spcusinians, 
from the name of the person who first established 
the force. (Pollux, viii. 131, 132; Photius, s. t>. 
to{(5toi.) There were also among them many 
Thracians anil other barbarians. They originally 
lived in tents in the market-place, and afterwards 
upon the Arciopagus. Their officer* had the name 
of toxarchs (-r6^apxo>). Their number was at fin.t 
30U, purchased soon after the battle of Salamis, 
but was afterwards increased to 1200. (Acschin. 
n«pl Wapaitptae. p. 335 ; Andoc. /*• Pac. p. 93 ; 
Ibk-kh, I'M. ICcim. of Athens, pp.207, 208, 2d 
edit.) 

DEMI'S. The word iij/xot originally indicated 
a district or tract of hind, and is by som derived 
from 8c», as if it signified an '* enclosure marked 
cc 4 



392 



DEMUS. 



DEMUS. 



off from the waste," just as our word town comes, 
according to Home Tooke, from the Saxon verb 
" tynan," to enclose. (Arnold, ad Thuc. vol. i. 
Appendix, iii.) It seems, ho wever,* more simple 
to connect it with the Doric 5a for ya. In this 
meaning of a country district, inhabited and undor 
cultivation, S^os is contrasted with ir6\is : thus 
we have dvZpav SfjjUdV Te tt6\iv T6 (Hes. Op. et 
Dies, 527) ; but the transition from a locality to 
its occupiers is easy and natural, and hence in the 
earlier Greek poets we find 8%tos applied to the 
outlying country population, who tilled the lands of 
the chieftains or inhabitants of the city ; so that 
Srj/ios and 7roAiTai came to be opposed to each 
other, the former denoting the subject peasantry, 
the latter, the nobles in the chief towns. 

The Demi (oi Sr/fioi) in Attica were subdivisions 
of the tribes, corresponding to our townsMps or 
hundreds. Their institution is ascribed to Theseus; 
but we know nothing about them before the age 
of Cleisthenes, who broke up the four tribes of the 
old constitution, and substituted in their place ten 
local tribes (^uAai roiriKai), each named after some 
Attic hero. (Herod, v. 66, 69.) These were sub- 
divided each into ten clemi or country parishes, 
possessing each its principal town ; and in some 
one of these demi were enrolled all the Athenian 
citizens resident in Attica, with the exception, 
perhaps, of those who were natives of Athens itself. 
(Thirl wall, Hist, of Greece, vol. ii. p. 74.) These 
subdivisions corresponded in some degree to the 
vavtcpapiai of the old tribes, and were, according 
to Herodotus, one hundred in number ; but as the 
Attic demi amounted in the time of Strabo (ix. p. 
396, c.) to 174, doubts have been raised about this 
statement. Niebuhr has inferred from it that the 
tribes of Cleisthenes did not originally include the 
whole population of Attica, and " that some of the 
additional 74 must have been cantons, which had 
previously been left in a state of dependence ; by 
far the chief part, however, were houses (yeV?j) 
of the old aristocracy," which were included in the 
four Ionian tribes, but, according to Niebuhr, were 
not incorporated in the ten tribes of the " rural 
commonalty," till after the time of Cleisthenes. 
This inference, however, seems very questionable ; 
for the number of the demi might increase from a 
variety of causes, such as the growth of the popu- 
lation, the creation of new tribes, and the division 
of the larger into smaller demi ; to say nothing 
of the improbability of the co-existence of two 
different orders of tribes. " Another fact, more 
difficult to account for, is the transposition by 
which demes of the same tribe were found at op- 
posite extremities of the country." (Thirlwall, 1. c., 
and app. i. vol. ii.) The names of the different 
demes were taken, some from the chief towns in 
them, as Marathon, Eleusis, and Acharnae ; some 
from the names of houses or clans, such as the 
Daedalidae, Boutadae, &c. The largest of all 
was the demus of Acharnae, which in the time of 
the Peloponnesian war, was so extensive as to 
supply a force of no less than three thousand 
heavy-armed men. (Comp. Thuc. ii. 191.) 

In explanation of their constitution and relation 
to the state in general, we may observe, that they 
formed independent corporations, and had each 
their several magistrates, landed and other pro- 
perty, with a common treasury. They had like- 
wise their respective convocations convened by the 
Demarchi (jS{j/iapxot), in which was transacted 



the public business of the demus, such as the leas- 
ing of its estates, the elections of officers, the re- 
vision of the registers or lists of Demotae (Sri/iorai), 
and the admission of new members. [Demarchi.] 
Moreover, each demus appears to have kept what 
was called a niva\ iKKK-t]tnaaTiK6s, or list of those 
Demotae who were entitled to vote at the general 
assemblies of the whole people. In a financial 
point of view, they supplanted the old " naucra- 
ries " of the four tribes, each demus being required 
to furnish to the state a certain quota of money, 
and contingent of troops, whenever necessary. 
Independent of these bonds of union, each demus 
seems to have had its peculiar temples, and reli- 
gious worship (Sri/xoriKd Upd, Paus. i. 31 : Pollux, 
viii. 108), the officiating priests in which were 
chosen by the Demotae (Dem. c. Eubul. p. 1313) ; 
so that both in a civil and religious point of view, 
the demi appear as minor communities, whose ma- 
gistrates, moreover, were obliged to submit to a 
SoKL/juxaia, in the same way as the public officers 
of the whole state. But besides the magistrates, 
such as demarchs and treasurers (rafiiai), elected 
by each parish, we also read of judges, who were 
called Si/cacrTai Kara S-hpovs : the number of these 
officers, originally thirty, was afterwards increased 
to forty, and it appears that they made circuits 
through the different districts, to administer justice 
in all cases where the matter in dispute was not 
more than ten drachmae in value, more important 
questions being reserved for the Siairr]TaL (Hudt- 
walcker, p. 37.) 

On the first institution of the demi, Cleisthenes 
increased the strength of the Srjfios, or commonalty, 
by making many new citizens, amongst whom are 
said to have been included not only strangers and 
resident foreigners, but also slaves. (Arist. Pol. 
iii. ].)* Now admission into a demus was neces- 
sary, before any individual could enter upon his 
full rights and privileges as an Attic citizen ; and 
though in the first instance, every one was enrolled 
in the register of the demus in which his property 
and residence lay, this relation did not continue to 
hold with all the Demotae ; for since a son was 
registered in the demus of his real or adoptive 
father, and the former might change his residence, 
it would often happen that the members of a 
demus did riot all reside in it. Still this would 
not cause any inconvenience, since the meetings 
of each demus were not held within its limits, but 
at Athens. (Dem. c. JSubul. p. 1 302.) No one, 
however, could purchase property situate within a 
demus to which he did not himself belong, without 
paying to the demarchs a fee for the privilege of 
doing so (ey/CTT/TiKde), which would, of course, 
go to the treasury of the demus. (Bo'ckh, PM. 
Econ. of Athens, p. 297, 2nd ed.) 

Two of the most important functions of the 
general assemblies of the demi, were, the admis- 
sion of new members and the revision of the 
names of members already admitted. The register 
of enrolment was called K-ri^iapx^iv ypa/j-fiareTov, 
because any person whose name was inscribed in 
it could enter upon an inheritance and enjoy a 

* noAAous 6^wA6Teuo"e £eeovs Kal Sov\ovs 
fieroiKovs. This passage has given rise to much 
dispute, and has been considered by many critics 
to afford no sense ; but no emendation which has 
been proposed is better than the received text. See 
Grote, History of Greece, vol. iv. p. 170. 



DENARIUS, 
patrimony, the expression for which in Attic 
Greek was Trjs \ii£ews &px^'". karyxdveiv k \ripov, 
heing equivalent to the Roman phrase adire here- 
ditalem. These registers were kept by the de- 
marchs, who, with the approbation of the members 
of the demus assembled in general meeting, in- 
serted or erased names according to circumstances. 
Thus, when a youth was proposed for enrolment, 
it was competent for any demote to object to his 
admission on the ground of illegitimacy, or non- 
citizenship, by the side of cither parent. The 
Demotae decided on the validity of these objec- 
tions under the sanction of an oath, and the ques- 
tion was determined by a majority of votes. (Dem. 
c. Euh. p. 1318.) The same process was observed 
when a citizen changed his demus in consequence 
of adoption. (Isaeus, De Apoll. Ilered. p. Go'. 17.) 
Sometimes, however, a demarch was bribed to 
place, or assist in placing, on the register of a 
demus, persons who had no claim to citizenship. 
(Dcmosth. c Leoch. p. 1091.) To remedy this ad- 
mission of spurious citizens (rapeyypanrot) the 
5icu|^ipi<nj was instituted. [Diapsephisis.] 
Lastly, crowns and other honorary distinctions 
could be awarded by the demi in the same .way as 
by the tribes. (K. F. Hermann, Oriecli. Staats- 
ullert/i. §111, &.C ; Wachsmuth, Hellen. Alter- 
tlmmsk. vol. i. p. 544, &c, 2nd ed. ; Leake, The 
Demi of Attika, London, 1841, 2nd ed. ; Ross, 
Die Demen ron Attika.) [R. \V.] 

DENA'RIUS, the principal silver coin among 
the Romans, was so called because it was originally 
equal to ten asses ; but on the reduction of the 
weight of the as [As], it was made equal to six- 
teen asses, except in military pay, in which it was 
still reckoned as equal to ten asses. (Plin. II. X. 
xxxiii. 13.) The denariu3 was first coined five 
years before the first Punic war, B. c. 209. [Ar- 
MRTUK.] There were originally 84 denarii to a 
pound (Plin. //. X. xxxiii. 46 ; Celsus, v. 17. § 1), 
but subsequently 96'. At what time this reduction 
was made in the weight of the denarius is uncertain, 
as it is not mentioned in history. Some have con- 
jectured that it was completed in Nero's reign ; and 
Mr. Husscy (Ancient Weight*, &c. p. 137) justly 
remarks, that Suetonius (Jul. 54) proves that 84 
denarii went still to the pound, about the year EC. 
50 ; since if wc reckon 96 to the pound, the pro- 
portion of the value of gold to silver is 7'8 to 1, 
which is incredibly low ; while the value on the 
other supposition, 8 - 9 to 1, is more probable. Com- 
pare Akop.nti/m. 

Mr. 1 1 ussey calculates the average weight of the 
denarii coined at the end of the commonwealth 
at 60 grains, and those under the empire at 52"5 
grains. If wc deduct, as the average, ^ of the 
weight for alloy, from the denarii of the common- 
wealth, there will remain 58 grains of pure silver ; 
and since the shilling contains 80'7 grains of pure 

58 

silver, the value of the best denarii will be j^p: 

of a shilling, or 8*6246 pence ; which may be 
reckoned in round number* 84*/. If the same 
method of reckoning be applied to the Inter 
denarius, its value will be about 7'5 pence, or 7 J'/. 
(Ilusscy, pp. 141, 142.) 

The Roman coins of silver went at one time as 
low down as the fortieth part of the denarius, the 
tenincius. They were, the qumariu* or half de- 
narius, the srstrrtius or quarter denarius [Skstkh- 
tiucJ, the liljclla or tenth of the denarius (equal to 



DENARIUS. 3C3 




BRITISH MUSEUM. ACTUAL SIZE. WEIGHT 
58'5 GRAINS. 

the as), the semlclla or half libella, and the terun- 
cius or quarter libella. 

The quinarius was also called riclorialus (Cic. 
Pro Font. 5), from the impression of a figure of 
Victory which it bore. Pliny (II. X. xxxiii. 13) 
says that victoriati were first coined at Rome in 
pursuance of the lex Clodia ; and that previous to 
that time, they were imported as an article of trade 
from Illyria. The Clodius, who proposed this law, 
is supposed to have been the person who obtained 
a triumph for his victories in Istria. whence he 
brought home a large sum of money (Lit. xli. 13); 
which would fix the first coinage of the victoriati 
at Rome, B.C. 177 ; that is, 92 years after the first 
silver coinage. 

If the denarius weighed 60 grains, the teruncius 
would only have weighed ly gr. ; which would 
have been so small a coin, that some have doubted 
whether it was ever coined in silver ; for we 
know that it was coined in copper. [As.] But 
Varro (De Ling. Lai. v. 174, ed. Miillcr) names it 
among the silver coins with the libella and scm- 
bclla. It is, however, improbable that the terun- 
cius continued to be coined in silver after the as 
had been reduced to -rV of the denarius ; for 
then the tenincius would have been J^th of the 
denarius, whereas Varro only describes it as a 
subdivision of libella, when the latter was -j^th of 
the denarius. In the time of Cicero, the libella 
appears to have been the smallest silver coin in use 
(Cic. Pro. Rose. Com. c. 4) ; and it is frequently 
used, not merely to express a silver coin equal to 
the as, but any very small sum. ( Plant. Can. ii. 5. 
7, ('apt. v. 1. 27.) Oronovius (De Sestcrliii, ii. 2), 
however, maintains that there was no such coin as 
the libella when Varro wrote ; but that the word 
was used to signify the tenth part of n sestertius. 
No specimens of the libella are now found. 

If the denarius be reckoned in vnlm- !!'</., the 
other coins which have been mentioned, will be of 
the following value : — 





Pence 


Filth. 


Tenincius .... 




•.',31 1'. - . 


Sembella .... 




1-0025 


Libella 




2- 125 




q 


•5 


Qninftritll or Victorintus 


l 


1 


Denarius .... 


8 


2 



It has been frequently stated that the denarius 



894 



DEPOSIT UM. 



DESULTOR. 



is equal in value to the drachma ; hut this is not 
quite correct. The Attic drachma was almost 
equal to 9$d., whereas we have seen that the 
denarius was but little above H^d. The later 
drachmae, however, appear to have fallen off in 
weight ; and there can be no doubt that they were 
at one time nearly enough equal to pass for equal. 
Gronovius has given all the authorities upon the 
subject in his De Sesterliis (iii. 2). 

The earliest denarii have usually, on the ob- 
verse, the head of Rome with a helmet, the 
Dioscuri, or the head of Jupiter. Many have, on 
the reverse, chariots drawn by two or four horses 
(bigae, quadrigae), whence they are called respect- 
ively bigati'sjiA. quudrigati, sc.num.mi. [BlGATUS.] 
Some denarii were called serrati (Tacit. Germ. 5), 
because their edges were notched like a saw, which 
appears to have been done to prove that they were 
solid silver, and not plated. Many of the gentile 
denarii, as those of the Aelian, Calpurnian, Pa- 
pinian, Tullian, and numerous other gentes, are 
marked with the numeral X, in order to show 
their value. 

Pliny (H. N. xxxiii. 13) speaks of the denarius 
aureus. Gronovius (De Sester. iii. 15) says, that 
this coin was never struck at Rome ; but there is 
one of Augustus in the British Museum, weighing 
60 grains, and others of less weight. The average 
weight of the common aureus was 120 grains. 
[Aurum.] In later times, a copper coin was 
called denarius. (Ducange, s. v. Denarius.) 

DENICA'LES FE'RIAE. [Feriae.] 

DENTA'LE. [Aratrum.] 

DENTIFRI'CI UM (o8wtot PW «0, dentrifice 
or tooth-powder, appears to have been skilfully 
prepared and generally used among the Romans. 
A variety of substances, such as the bones, hoofs, 
and horns of certain animals, crabs, egg-shells, and 
the shells of the oyster and the murex, constituted 
the basis of the preparation. Having been pre- 
viously burnt, and sometimes mixed with honey, 
they were reduced to a fine powder. Though 
fancy and superstition often directed the choice of 
these ingredients, the addition of astringents, such 
as myrrh, or of nitre and of hartshorn ground in a 
raw state, indicates science which was the result of 
experience, the intention being not only to clean 
the teeth and to render them white, but also to fix 
them when loose, to strengthen the gums, and to 
assuage tooth-ache. (Plin. //. 2V. xxviii. 49, xxxi. 
46, xxxii. 21, 26.) Pounded pumice was a more 
dubious article, though Pliny (xxxvi. 42) says, 
" Utilissima fiunt ex his dentifricia." [J. Y.] 

DEPENSI ACTIO. [Intercessic] 

DEPORTA'TIO. [Exsilium.] 

DEPO'SITI ACTIO. [Depositum.] 

DEPO'SITUM. The notion of depositum is 
this : a moveable thing is given by one man to 
another to keep until it is demanded back, and 
without any reward for the trouble of keeping it. 
The party who makes the depositum is called de- 
ponens or depositor, and he who receives the thing 
is called depositaries. The act of deposit may be 
purely voluntary ; or it may be from necessity, as 
in the case of fire, shipwreck, or other casualty. 
The depositarius is bound to take care of the 
thing which he has consented to receive. He can- 
not use the thing unless he has permission to use 
it, either by express words or by necessary im- 
plication. If the thing is one " quae usu non con- 
sumitur," and it is given to a person to be used, 



the transaction becomes a case of locatio and con- 
ductio [Locatio], if money is to be paid for the 
use of it ; or a case of commodatum [Commoda- 
tum], if nothing is to be paid for the use. If a 
bag of money not sealed up is the subject of the 
depositum, and the depositarius at any time asks 
for permission to use it, the money becomes a loan 
[Mutuum] from the time when the permission 
is granted ; if the deponens proffers the use of the 
money, it becomes a loan from the time when the 
depositarius begins to use it. (Dig. 12. tit. 1. s. 9. 
§9,s. 10.) If money is deposited with the condition 
that the same amount be returned, the use of it is 
tacitly given. If the depositum continues purely a 
depositum, the depositarius is bound to make good 
any damage to it which happens through dolus or 
culpa lata ; and he is bound to restore the thing 
on demand to the deponens, or to the person to 
whom the deponens orders it to be restored. If 
several persons had received the deposit, they were 
severally liable for the whole (in solidum). The 
remedy of the deponens against the depositarius, is 
by an actio depositi directs. The depositarius is 
entitled to be secured against all damage which 
he may have sustained through any culpa on the 
part of the deponens, and to all costs and expenses 
incurred by his charge ; and his remedy against 
the deponens is by an actio depositi contraria. 
The actio was in duplum, if the deposit was made 
from necessity ; if the depositarius was guilty of 
dolus, infamia was a consequence. (Inst. 3. tit. 14 
(15) ; Cod. 4. tit. 34 ; Dig. 16. tit. 3 ; Cic. de Off. 
i. 10 ; Juv. Sat. xiii. 60 ; Dirksen, Uebersicht, &c. 
p. 597 ; Thibaut, System, &c. § 480, &c. 9th 
ed.) [G. L.] 

DESERTOR, is defined by Modestinus to be 
one " qui per prolixum tempus vagatus, reducitur," 
and differs from an emansor, " qui diu vagatus ad 
castra egreditur." (Dig. 49. tit. 16. s. 3.) Those 
who deserted in time of peace, were punished by 
loss of rank, corporal chastisement, fines, ignomini- 
ous dismission from the service, &c. Those who 
left the standards in time of war were usually 
punished with death. The transfugae, or deserters 
to the enemy, when taken, were sometimes de- 
prived of their hands or feet (Liv. xxvi. 12), but 
generally were put to death. (Lipsius, De Milit. 
Rom. iv. 4.) 

DESIGNA'TOR. [Funus.] 

DESMOTE'RION (^aixwr^pwv). [Carcer.] 

DESPOSIONAUTAE (feawoawvavTai.) [Ci- 

VITAS.] 

DESULTOR (a.iro$a.Tt)s, yueTctgaTijs), lite- 
rally " one who leaps off," was applied to a per- 
son who rode several horses or chariots, leaping 
from one to the other. As early as the Homeric 
times, we find the description of a man, who keeps 
four horses abreast at full gallop, and leaps from 
one to another, amidst a crowd of admiring spec- 
tators. (II. xv. 679 — 684.) In the games of the 
Roman circus this sport was also very popular. 
The Roman desultor generally rode only two 
horses at the same time, sitting on them without a 
saddle, and vaulting upon either of them at his 
pleasure. (Isid. Orig. xviii. 39.) He wore a hat or 
cap made of felt. The taste for these exercises was 
carried to so great an extent, that young men of 
the highest rank not only drove bigae and quad- 
rigae in the circus, but exhibited these feats off 
horsemanship. (Suet. Jul. 39.) Among other na- 
tions this species of equestrian dexterity was 



DIADEMA. 



DIAETETICA. 



395 



applied to the purposes of war. Livy mentions a 
troop of horse in the Numidian army, in which 
each soldier was supplied with a couple of horses, 
and in the heat of battle, and when clad in ar- 
mour, would leap with the greatest ease and cele- 
rity from that which was wearied or disabled upon 
the back of the horse which was still sound and 
fresh, (xxiii. 29). The Scythians, Armenians, and 
some of the Indians, were skilled in the same art. 

The annexed woodcut shows three figures of 
dcsultores, one from a bronze lamp, published by 
Bartoli (Antiche Lucerne Sepolerali, L 24), the 
others from coins. In all these the rider wears a 
pileus, or cap of felt, and his horse is without a 
saddle ; but these examples prove that he had the 
use both of the whip and the rein. On the coins 
we also observe the wreath and palm-branch as 
ensigns of victory. [J. Y.] 




DETESTATIO SACRORUM. [Gens.] 
DBVBRSO'RIUM. [Cai pona.] 
DEUNX. [As, p. 140, b ; Libra.] 
DEXTANS. (As, p. 140, I, ; Lihra.J 
DIABATE'RIA (SiagaTTjpia), a sacrifice of- 
fered to Zeus and Athena by the kings of Sparta, 
upon passing the frontiers of Lacedaemon with 
the command of an army. If the victims were 
unfavourable, they disbanded the army and re- 
turned home. (Xcn. De /(rj>. Imc. xi. 2 ; Thuc. 
v. .54, 55, 1 1 6.) 

DIADE MA (SiaSvua), a white fillet used to 
encircle the head (ftisrin alia, V'al. Max. vi. 2. 
§ 7). The invention of this ornament is by Pliny 
(vii. 57) attributed to " Liber I'ater." Diodoms 
Siculus adds (iv. p. 250, Wesscl.), that he wore it 
to assuage headache, the consequence of indulgence 
in wine. Accordingly, in works of ancient art, Dio- 
nysus wears a plain bandage on his h«-ad,as shown 
in the cut under Cantharus. The decoration 
is properly Oriental. It is commonly represented 
on the heads of Eastern monnrchs. Justin (xii. 3) 
relates that Alexander the (irmt adopted the large 
diadem of the kings of Persia, the ends of which 
fell upon the shouiders, and that this mark of roy- 
alty was preserved by his successors. Antony 
assumed it in his luxurious intercourse with Cleo- 



patra in Egypt. (Florus, iv. 11.) Aelian says 
( V. H. vi. 38) that the kings of that country had 
the figure of an asp upon their diadems. In pro- 
cess of time the sculptors placed the diadema 
on the head of Zeus, and various other divinities 
besides Dionysus ; and it was also gradually as- 
sumed by the sovereigns of the Western world. 
It was tied behind in a bow ; whence Tacitus 
(Ann. vi. 37) speaks of the Euphrates rising in 
waves " white with foam, so as to resemble a dia- 
dem." By the addition of gold and gems, and by 
a continual increase in richness, size, and splen- 
dour, this bandage was at length converted into 
the crown which has been for many centuries the 
badge of sovereignty in modern Europe. [J. Y.] 

DIADICA'SIA (SiaOiKaffia), in its most ex- 
tended sense is a mere synonym of Si'xrj : techni- 
cally, it denotes the proceedings in a contest for 
preference between two or more rival parties ; as, 
for instance, in the case of several claiming to 
succeed as heirs or legatees to the estate of a de- 
ceased person. Upon an occasion of this kind, it 
will be observed that, as all the claimants are 
similarly situated with respect to the subject of 
dispute, the ordinary classification of the litigants 
as plaintiffs and defendants becomes no longer ap- 
plicable. This, in fact, is the essential distinction 
between the proceedings in question and all other 
suits in which the parties appear as immediately 
opposed to each other ; but as far as forms are con- 
cerned, we are not told that they were peculiarly 
characterised. Besides the case above mentioned, 
there are several others to be classed with it in 
respect of the object of proceedings being an ab- 
solute acquisition of property. Among these are 
to be reckoned the claims of private creditors upon 
a confiscated estate, and the contests between in- 
formers claiming rewards proposed by the state for 
the discovery of crimes, &c, as upon the occasion 
of the mutilation of the llerniae (Andoc. 14) and 
the like. The other class of causes included under 
the general term consists of cases like the antidosis 
of the trierarchs [Antidosis], contests as to who 
was to be held responsible to the state for public 
property alleged to have been transferred on one 
hand and denied on the other (as in Dcm. c. 
livery, et Mncs.\ and questions as to who should 
undertake a chorcgia, and many others, in which 
exemptions from personal or pecuniary liabilities 
to the state were the subject of claim by rival 
parties. In a diadicasia, as in an ordinary SIkt), 
the proper court, the presiding magistrate, and the 
expenses of the trial, mainly depended upon the 
peculiar object of the proceedings, and present no 
leading characteristics for discussion under the 
general term. (Plainer, Proem vnd Klagtn, ii. 
p. 17. s. 9.) [Dike.] [J.S. M.J 

DIADOSE1S (omorVm.) [DianomakJ 

DIAETA. [Donna] 

DIAETETICA, or DIAETE'TICB (SiaiT V - 
tikj'i), one of the principal branches into which 
the ancients divided the art and science of medi- 
cine. [Mkdicina.] The word is derived from 
otatra, which meant murh the same as our word 
dirt. It i-> defined by t'eUm ( I )r Mnlir. I'racfnt. 
in lib. i.) to signify that part of medicine r/uae 
rirtu medi tur, ** which cures disease s by menus of 
regimen and diet and n similar explanation is 
given by Plata («/>. l>ii«j. /surt. iii. 1. § 86.) 

Taken strictly in this sense, it would correspond 
very nearly with the modern Jul, tics, and this is 



396 DIAETETICA. 



DIAETETAE. 



the meaning which it always bears in the earlier 
medical writers, and that which will be adhered 
to in the present article ; in some of the later au- 
thors, it seems to comprehend Celsus's second grand 
division, Pharmaccidica, and is used by Scribonius 
Largus (De Compos. Medicam. % 200) simply in 
opposition to chirwgia, so as to answer exactly to 
the province of our physician. 

No attention seems to have been paid to this 
branch of medicine before the date of Hippo- 
crates. Homer represents Machaon, who had been 
wounded in the shoulder by an arrow {II. xi. 507) 
and forced to quit the field, as taking a draught 
composed of wine, goat's-milk cheese, and flour 
{ibid. 638), which certainly no modern surgeon 
would prescribe in such a case. (See Plat. De 
Itepubl. iii. pp. 405, 406 ; Max. Tyr. Semi. 29 ; 
Athen. i. p. 10.) Hippocrates seems to claim for 
himself the credit of being the first person who 
had studied this subject, and says that " the an- 
cients had written nothing on it worth mention- 
ing" {Be Rat. Vict, in Morb. Acnt. vol. ii. p. 26, 
ed. Ktihn). Among the works commonly ascribed 
to Hippocrates, there are four that bear upon this 
subject. It would be out of place here to attempt 
any thing like a complete account of the opinions 
of the ancients on this point ; those who wish for 
more detailed information must be referred to the 
different works on medical antiquities, while in 
this article mention is made of only such parti- 
culars as may be supposed to have some interest 
for the general reader. 

In the works of Hippocrates and his successors 
almost all the articles of food used by the ancients 
are mentioned, and their real or supposed pro- 
perties discussed, sometimes quite as fancifully as 
by Burton in his Anatomy of Melancholy. In 
some respects they appear to have been much less 
delicate in their tastes than tile moderns, as we 
find the flesh of the fox, the dog, the horse, and 
the ass spoken of as common articles of food. 
(Pseudo-IIippocr. De Vict. Rat. lib. ii. vol. i. pp. 
679, 680.) With regard to the quantitj- of wine 
drank by the ancients, we may arrive at some- 
thing like certainty from the fact that Caelius 
Aurelianus mentions it as something extraordinary 
that the famous Asclepiades at Rome in the first 
century B. c, sometimes ordered his patients to 
double and treble the quantity of wine, till at last 
they drank half wine and half water {De Morb. 
Chron. lib. iii. c. 7. p. 386), from which it appears 
that wine was commonly diluted with five or six 
times its quantity of water. Hippocrates recom- 
mends wine to be mixed with an equal quantity 
of water, and Galen approves of the proportion ; 
but Le Clerc {Hist, de la Med.) thinks that this 
was only in particular cases. In one place 
(Pseudo-Hippocr. De Viet. Rat. lib. iii. in fin.) 
the patient, after great fatigue, is recommended 
jxeSvcrB^vai airat, Sis, in which passage it has been 
much doubted whether actual intoxication is meant, 
or only the " drinking freely and to cheerfulness," 
in which sense the same word is used by St. John 
(ii. 10) and the LXX. {Gen. xliii. 34 ; Cant. v. 
1 ; and perhaps Gen. ix. 21). According to Hip- 
pocrates, the proportions in which wine and water 
should be mixed together, vary according to the 
season of the year ; for instance, in summer the 
wine should be most diluted, and in winter the 
least so. (Compare Celsus, De Medic, i. 3. p. 31. 
ed. Argent.) Exercise of various sorts, and bath- 



I ing, are also much insisted upon by the writers on 
diet and regimen ; but for further particulars on 
these subjects the articles Balneae and Gymna- 
sium must be consulted. It may, however, be 
added that the bath could not have been very 
common, at least in private families, in the time of 
Hippocrates, as he says {De Rat. Vict, in Morb. 
A cut. p. 62) that "there are few houses in which 
the necessary conveniences are to be found." 

Another very favourite practice with the an- 
cients, both as a preventive of sickness and as a 
remedy, was the taking of an emetic from time to 
time. The author of the treatise De Victus Ra- 
tione, falsely attributed to Hippocrates, recom- 
mends it two or three times a month (lib. iii. p. 
710). Celsus considers it more beneficial in the 
winter than in the summer {De Medic, i. 3. p. 28), 
and says that those who take an emetic twice a 
month had better do so on two successive days 
than once a fortnight {Ibid. p. 29). At the time 
in which Celsus wrote, this practice was so com- 
monly abused, that Asclepiades, in his work De 
Sanitate Tuenda, rejected the use of emetics alto- 
gether, " Offensus," says Celsus {Ibid. p. 27), 
" eorum consuetudine, qui quotidie ejiciendo vo- 
randi facultatem moliuntur." (See also Plin. 
H. N. xxvi. 8.) It was the custom among the 
Romans to take an emetic immediately before their 
meals, in order to prepare themselves to eat more 
plentifully ; and again soon after, so as to avoid 
any injury from repletion. Cicero, in his account 
of the day that Caesar spent with him at hi3 
house in the country {ad Att. xiii. 52), says, " Ac- 
cubuit, ifteTiKTiv agebat, itaque et edit et bihit 
aSzais et jucunde ; " and this seems to have been 
considered a sort of compliment paid by Caesar to 
his host, as it intimated a resolution to pass the 
day cheerfully, and to eat and drink freely with 
him. He is represented as having done the same 
thing when he was entertained by King Deiotarus 
(Cic. Pro Deiot. c. 7). The glutton Vitellius is 
said to have preserved his own life by constant 
emetics, while he destroyed all his companions 
who did not use the same precaution (Suet. Vitell. 
c. 13 ; Dion Cass. lxv. 2), so that one of them, 
who was prevented by illness from dining with 
him for a few days, said, " I should certainly 
have been dead if I had not fallen sick." Even 
women, after bathing before supper, used to drink 
wine and throw it up again to sharpen their ap- 
petite — 

[Falerni] " sextarius alter 
Ducitur ante cibum, rabidam facturus orexim." . 

Juv. Sat. vi. 427, 428. 
so that it might truly be said, in the strong lan- 
guage of Seneca {Cons, ad Helv. 9. §10)," Vomunt, 
ut edant ; edunt, ut vomant." (Compare Seneca, 
De Provid. c. 4. § 11, Epist. 95. § 21.) By 
some, the practice was thought so effectual for 
strengthening the constitution, that it was the 
constant regimen of all the athletae, or professed 
wrestlers, trained for the public shows, in order 
to make them more robust. Celsus, however, 
{I. c. p. 28), warns his readers against the too 
frequent use of emetics without necessity and 
merely for luxury and gluttony, and says that 
no one who has any regard for his health, and 
wishes to live to old age, ought to make it a daily 
practice. [W.A. G.] 

DIAETE'TAE (5(cut7)T£u), arbitrators, um- 
pires. The diaetetae mentioned by the Athenian 



DIAETETAE. 

orators, were of two kinds ; the one public and 
appointed by lot (KkTipuirot), the other private and 
chosen (ai'pe-roi) by the parties who referred to 
them the decision of a disputed point, instead of 
trying it before a court of justice ; the judgments 
of both, according to Aristotle, being founded on 
equity rather than law (i yap SiaiT7)T7)s to 
fartelices 6pa, 6 Si SiKaarris tov v6fiov, Rhetor, i. 
13). We shall, in the first place, treat of the 
public diaetctae, following as closely as possible 
the order and statements of Hudtwalcker in his 
treatise " Ueber die offentlichen und Privat- 
Schicdsrichter DiUteten in Athen, und den Process 
vor denselben.'' 

According to Suidas (s. v.), the public Diaetetae 
were required to be not less than 50 years of age ; 
according to Pollux (viii. 12G) and Ilcsychius, not 
less than GO. With respect to their number there 
is some difficulty, in consequence of a statement of 
Ulpian (Demosth. c. Mod. p. 542. 15), according 
to which it was 440, :'. e. 44 for each tribe, 
(fioav Si rdaaapts kcu Ttaaa.p6.Kowa, ko8' tKaar-nv 
<pv\-f)v). This number, however, appears so un- 
necessarily large, more especially when it is con- 
sidered that the Attic orators frequently speak of 
only one arbitrator in each case, that some writers 
have, with good reason, supposed the reading 
should be — fiaav Si naaapaKovra, riaaapts 
k. i. (p. At any rate, litigious as the Athenians 
were, it seems that 40 must have been enough for 
all purposes. 

The words Kaff ixaoTtiv <pv\fa, imply that each 
tribe had its own arbitrator ; an inference which is 
supported by Demosthenes (c. Every, p. 1142. 25), 
where he speaks of the arbitrators of the Oencid 
and Ercctheid tribes : as well as by Lysias (o. 
Panel, p. 731), who, in the words irpoaK\-nadfi(vos 
uinhv irpbs tovs Tjj 'limnOuuiyTiot Sind&vTas, is 
thought to allude to the Diuetetac of the Hippo- 
thoontid tribe. With regard to the election of 
these olficers, it is doubtful whether they were 
chosen by the members of the tribe for which they, 
adjudicated, or in a general assembly of the people. 
Hudtwalcker inclines to the latter supposition, as 
being more probable : we do not think so ; fur it 
seems just as likely, if not more so, that the four 
arbitrators of each tribe were chosen in an assem- 
bly of the tribe itself. Again, whether they were 
appointed for life, or only for a definite period, is 
not expressly mentioned by the orators ; but as 
none of the Athenian magistrates, with the excep- 
tion of the Areiopagites, remained permanently in 
office, and Demosthenes (c. Meiil. p. 512. 1 5) speaks 
of the last day of the 1 1 th month of the year as 
being the last day of the Diaetetae (t) TfAfura/a 
riptpa toii/ SiaiTTjTaV), it seems almost certain that 
they were elected for a year only. The only ob- 
jection to this conclusion arises from a statement 
ilia fragment of Iaacus (p. 361, cd. Heiske), where 
mi arbitrator is spoken of as being engaged on a 
suit fur two years (Sim trr) rov Stanrrrov tJjc 
Km* fX»"To!) : if, however, we admit the con- 
jectural reading rwv 5iaiTr)T<ii', the meaning would 
be in accordance with what we infer from other 
authorities, and would only imply that the same | 
cause came before the arbitrators of two different 
years, a case which might not nnfrequently happen ; 
if, on the contrary, the reading of the text is cor- 
net) we must suppose that it was sometimes neces- 
sary ur convenient to re-elect an arbitrator for the 
decision of a particular case. 



DIAETETAE. 397 
It is doubtful whether the public Diaetetae 
took any general oath before entering upon their 
duties. Such a guarantee would seem to be unne- 
cessary ; for we read of their taking oaths previous 
to giving judgment in the particular cases which 
came before them. (Isacus, lie Dicaeog. Hered. 
p. 54 ; Dem. c. Catlip. p. 1244.) From this cir- 
cumstance we should infer that no oath was ex- 
acted from them before they entered upon office : 
Hudtwalcker is of a contrary opinion, and sug- 
gests that the purport of their oath of office was 
the same as that of the Heliastic oath given by 
Demosthenes (e. Timocr. p. 747). 

The Diaetctae of the different tribes appear to 
have sat in different places ; as temples, halls, and 
courts of justice, if not wanted for other purposes. 
Those of the Oeneid and Ercctheid tribes met in 
the heliaea (Dem. c. Everg. p. 1142. 25.) ; we 
read of others holding a court in the delphinium 
(c. Boeot. ii. p. 1011), and also in the trToa 
7toikiA7j (c. Steph. i. p. 1106). Again, we are told 
of slaves being examined by the Diaetetae sitting 
for that purpose, under the appellation of fiaaavt- 
aral [TOBVBNTUH], in the hephaisteium, or 
temple of Poseidon. (Isocr. Tpaire£ p. 361. 21, ed. 
Bekker.) Moreover, we are told of private arbi- 
trators meeting in the temple of Athena on the 
Acropolis ; and, if the amended reading of Pollux 
(viii. 120) is correct, we arc informed by him, in 
general terms, that the arbitrators formerly held 
their courts in the temples (&.njrwv iv iepois 
iroAoi). Ilarpocration also (s. v.) contrasts the 
dicasts with the arbitrators, observing that the 
former had regularly appointed courts of justice 
(airoStStryufva). 

Another point of difference was the mode of 
payment, inasmuch as the d leasts received an 
allowance from the state, whereas the only remu- 
neration of the Diaetetae was a drachma deposited 
as a irapdaraats by the complainant, on the com- 
mencement of the suit, the Bamc sum being also 
paid for the avrwfioaia, and every inrwfioala sworn 
during the proceedings. (Pollux, viii. 39, 127 ; 
llarpocr. s. v.) This irapdaraan is the same as 
the Spaxp-V rov Atnro/iaprvplov mentioned by 
Demosthenes (c. Timol/i. p. 1190). The defendant 
in this case had failed to give evidence as he ought 
to have done, and therefore the plaintiff com- 
menced proceedings against him for this neglect, 
before the arbitrators in the principal suit, the 
first step of which was the payment of the lrapd- 
araais. 

The public arbitrators were vntvBvvot, i. e. c»cry 
one who had, or fancied he had, a cause of com* 
plaint against them for their decisions, might pro- 
ceed against them by fiaayytKia, or information 
laid before the senate. For this purpose, say9 
(Jlpian, whose statement is confirmed by Demo- 
sthenes (c. Afeid.) in the case of Straton, the public 
Dia tctac were towards the close of their year 
of office, and during tin- latlir days of the month 
Thargelion, required to present themselves in some 
fixed place, probably m ar the senate- house, that 
they might be ready to answer any charge brought 
agauist them, of which they received a previous 
notice. The punishment, in case of condemnation, 
was atimin, or the loss of civic rights. IlurjMi- 
rration (». r.), however, informs us that the flaay- 
7«A/o against the arbitrators was brought before 
the dicasts or judges of the regular courts, but this 
probably happened only on apjK.nl, or in cases of 



393 



DIAETETAE. 



DIAETETAE. 



great importance, inasmuch as the fSovArj could 
not inflict a greater penalty than a fine of 500 
drachmae with atimia. 

As to the extent of the jurisdiction of the 
Diaetetae, Pollux (viii. 126) states, that in former 
times no suit was brought into a court before it 
had been investigated by the Diaetetae (iraKai 
oiiSe/x'ta Si'ktj irplv e7ri Stanriras i\8(7v eiV^yeTo). 
There can be but little doubt that the word 7raA.ca 
here refers to a time which was ancient with re- 
ference to the age of the Athenian orators, and 
therefore that this previous investigation was no 
longer requisite in the days of Demosthenes and 
his contemporaries. Still we find the Diaetetae 
mentioned by them in very many cases of civil 
actions, and it is not unlikely that the magistrates, 
whose duty it was to bring actions into court 
(eiVctyeiy), encouraged the process before the arbi- 
trators, as a means of saving the state the pay- 
ment which would otherwise have been due to the 
dicasts. Hudtwalcker is accordingly of opinion 
that the Diaetetae were competent to act in all 
cases of civil actions for restitution or compensa- 
tion, but not of penal or criminal indictments 
(yparpai), and, moreover, that it rested with the 
complainant whether his cause was brought before 
them in the first instance, or sent at once to a 
higher court of judicature. (Dem. c. Androt. 
p. 601. 18.) 

But besides hearing cases of this sort the 
Diaetetae sat as commissioners of inquiry on mat- 
ters of fact which could not be conveniently exa- 
mined in a court of justice (Dem. c. Steph. p. 1106), 
just as what is called an " issue " is sometimes 
directed by our own Court of Chancery to an in- 
ferior court, for the purpose of trying a question of 
fact, to be determined by a jury. Either party in 
a suit could demand or challenge (irpoKa\ei<r6ai) 
an inquiry of this sort before an arbitrator, the 
challenge being called irp6KAri<ns : a term which 
was also applied to the " articles of agreement " 
by which the extent and object of the inquiry were 
defined. (Dem. c. Neaer. p. 1387.) Many in- 
stances of these irpofcA^treis are found in the 
orators ; one of the most frequent is the demand 
or offer to examine by torture a slave supposed to 
be cognisant of a matter in dispute, the damage 
which might result to the owner of the slave being 
guaranteed by the party who demanded the exa- 
mination. (Harpocr. s. v. irp6K\ri<ns.) See also De- 
mosthenes {Onetor. i. p. 874), who observes that 
the testimony of a slave, elicited by torture, was 
thought of more value by the Athenians than the 
evidence of freemen. Another instance somewhat 
similar to the last, was the trp6Kht)(ns els fiaprv- 
piav (Pollux, viii. 62), where a party proposed to 
his opponent that the decision of a disputed point 
should be determined by the evidence of a third 
party. (Antiphon, De Choreut. p. 144, ed. Bek- 
ker.) Sometimes also we read of a TrpoKAijcris, 
by which a party was challenged to allow the ex- 
amination of documents ; as wills (Dem. c. Steph. 
p. 1104), deeds, bankers' books, &c. (c. Timoth. 
p. 1197). It is manifest that the forms and ob- 
jects of a 7rp<S/cA7j(ris would vary according to the 
matter in dispute, and the evidence which was 
producible ; we shall, therefore, content ourselves 
with adding that the term was also used when 
a party challenged his adversary to make his alle- 
gation under the sanction of an oath, or offered to 
make his own statements under the same obliga- 



tion. (Dem. c. Apat. p. 896, c. Con. p. 1269. 1 9.) 
The presumption or prepossession which might 
arise from a voluntary oath in the last case, might 
be met by a similar irpi$/cA.7j<ris, tendered by the op- 
posite party, to which the original challenger ap- 
pears to have had the option of consenting or not 
as he might think proper. (Dem. Timoth. p. 1203 ; 
compare Arist. Rhet. i. 16.) In all cases where 
any of these investigations or depositions were 
made before the Diaetetae, we may conclude with 
Hudtwalcker (p. 48), that they might be called as 
witnesses in subsequent stages of the action, either 
to state the evidence they had taken, or to pro- 
duce the documents they had examined, and which 
were deposited by them in an echinus. [Appel- 
latio (Greek).] 

The proceedings in the trials before the public 
arbitrators were of two kinds, 1st, When two 
parties agreed by a regular contract to refer a 
matter in dispute to a judge or judges selected from 
them. 2dly, When a cause was brought before a 
public arbitrator, without any such previous com- 
promise, and in the regular course of law. The 
chief difference seems to have been that, in case 
of a reference by contract between two parties, the 
award was final, and no appeal could be brought 
before another court, though the unsuccessful party 
might, in some instances, move for a new trial 
(tt)v f«; ovaav avriXaxeiv, Dem. c.Meid. p. 541). 
Except in this point, of non-appeal, an arbitrator 
who was selected from the public Diaetetae by 
litigant parties, seems to have been subject to the 
same liabilities, and to have stood in the same re- 
lation to those parties as an arbitrator appointed by 
lot : the course of proceeding also appears to have 
been the same before both (Dem. c. Meid. p 54 1 ), 
an account of which is given below. It must, how- 
ever, be first stated, that there are strong reasons 
in support of Hudtwalcker's opinion, that when- 
ever a suitor wished to bring an action before one 
or more of the public Diaetetae, he applied to one 
of the many officers called elo'aywyA (Dem. c. 
Lacrit. p. 940. 5, c. Pantaen. p. 976. 10 ; Pollux, 
viii. 93), whose duty it was to bring the cause 
(elcrdyeiv) into a proper court. By some such 
officer, at any rate, a requisite number of arbitra- 
tors was allotted to the complainant, care being 
taken that they were of the same tribe as the de- 
fendant. (Harpocr. s. v. SmiTTjTai.) Pollux (viii. 
126) informs us that if a Diaetetes refused to 
hear a cause, he might be punished with atimia : 
but it appears that under extraordinary circum- 
stances, and after hearing the case, a Diaetetes 
sometimes refused to decide himself, and referred 
the parties to a court of justice. (Dem. c. Phorm. 
p. 913.) 

The process before the public Diaetetae was 
conducted in the following manner. After com- 
plaint made, and payment of the irapatrTaais, the 
plaintiff supported his averment by an oath, to the 
effect that his accusation was true, which the de- 
fendant met by a like oath as to the matter of his 
defence. When the oath (apTcofioaia) had been 
thus taken by the parties, the arbitrators entered 
upon the inquiry, heard witnesses, examined docu- 
ments, and held as many conferences (<rtW5oi) 
with the parties, as might be necessary for the set- 
tlement of the question. (See authorities, Hudt- 
walcker, p. 80.) The day of pronouncing judgment 
(r) aw6(pao'is tjjs 5'iK-qs, Dem. c. Every, p. 1153) 
was probably fixed by law, if we may judge from 



DIAETETAE. 



DIAMASTIGOSIS. 



399 



the name (71 Kvpia. scil. yntpa) by which it is 
called in the orators ; it might, however, with con- 
sent of both parties, be postponed. The verdict 
given was countersigned by the proper authorities, 
perhaps by the etaayuye'ts, and thereby acquired 
its validity. The archons, mentioned by Demo- 
sthenes (c. Meid. p. 542) as having signed a judg- 
ment, were probably thesmothetae, as the action 
was a Si'«7) KaKTjyoptas, which is, moreover, called 
an arifiriTos Seica fivwv 5i'«rj, i. e. an action where 
the plaintiff was not required to assess the damages 
(iiestimare litem), the penalty, in case of a verdict 
for him, being determined by law : this alone is suf- 
ficient to prove that the Diaetetae sometimes de- 
cided in cases where the plaintiff sued for damages, 
as distinguished from those in which he sought 
restitution of rights or property ; nor, indeed, does 
there seem any reason for supposing that their juris- 
diction was not extended to the &yuves ti^tjtoi', or 
actions where the plaintiff was required to assess or 
lav his damages, provided the assessment did not 
exceed some fixed amount. In support of this 
opinion we may adduce the authority of Pollux 
(viii. 127), who expressly states that the plaintiff 
might assess his damages before the arbitrators, 
when the law did not do so for him. 

If the defendant were not present on the proper 
dav to make his last defence, judgment went 
against him by default (tpyfiriv ticpAf), the ar- 
bitrator being obliged to wait till the eve ning (tye 
■iififpas, I) in. c. Meid. p. 541, c. Timoth. p. 1190). 
Sometimes, however, the time of pronouncing sen- 
tence was deferred in consequence of a deposition 
(vnwuxxTta, Pollux, viii. 60 ; ilarpocr. s. r.) al- 
leging a satisfactory cause for postponement, such 
as sickness, absence from town, military service, 
or other reasons. To substantiate these, the ap- 
plicant, when possible, appeared personally ; but if 
a putty was prevented from appearing on the day 
of trial, bv any unexpected event, the imoifiotria 
might be made on oath by authorised friends. 
(Dcm. c. Olymp. p. 1 1 74. 4 ; Pollux, viii. 56.) The 
wrwfioaia might be met by a counter-statement 
(&t/6virwno(Tta) from the opposite party affirming 
his belief that the reasons alleged were fictitious 
or colourable. In connection with this point, we 
may observe that, according to Pollux (viii. 60), 
the motion for a new trial could only be sustained 
in cases where the applicant had made a vTrafiorria, 
and demurred either personally or by proxy against 
the passing of judgment on the regular day. More- 
over, it was incumbent on the party who wished for 
a new trial to move fur it within ten days after 
judgment had been pronounced, and even then he 
was obliged to lake a kind of virwuotria, to the 
effect that his absence on the proper day was in- 
voluntary. (Pollux, viii. 60.) In default of com- 
pliance with these conditions, the previous sentence 
was confirmed. (Dcm. e. Meid. n. 542.) We are 
told also by Photius (hr. .». 1;. pi) ultra 5iV>)), that 
it was competent for plaintiff as well as defendant 
to move for a new trial on the grounds we have 
mentioned. When it was granted, the former ver- 
dict was set aside (r) Jpvfiri /Aujto), and the par- 
ties went again before an arbitrator, probably 
through the instrumentality of the fivaywyui, to 
whom application had been made in the tint in- 
stance. The process itself is railed itTiAT^is in 
Greek, nnd does not seem to have been confined t" 
trials bef ire the Diaetetae : the corresponding term 
in Hoir.un law is rr.^'iurulio eremodicii. 



This, however, was not the only means of set- 
ting aside a judgment, inasmuch as it might also be 
effected by an etpevis, or appeal to the higher 
courts [ArpELLATio (Greek)], and if false evi- 
dence had been tendered, by a 5ik7) ko.kot*xviwv 
(Harpocr. s. v. ; Dem. c. Timoth. p. 1201. 5). 

It remains to speak of the strictly private arbi- 
trators, chosen by mutual agreement between con- 
tending parties, and therefore generally distinguished 
by the title aiperol, of whom it must be under- 
stood that they were not selected from the 5iciit7)toi 
of the tribes. The powers with which they were 
invested, were, as we might suppose, not always 
the same ; sometimes they were merely SiaAAoKTai, 
or chosen to effect a compromise or reconciliation : 
thus Isaeus (De Dicaeo'/. Mend. p. 54, ed. Bekk.) 
speaks of arbitrators offering either to bring about 
a reconciliation if they could, without taking an 
oath,orto make anaward (aTro<paivetr8ai) upon oath. 
Sometimes, on the other hand, they were purely 
referees, and then their powers depended upon the 
terms of the agreement of reference ; if these powers 
were limited, the arbitration was a Si'oito M 
pr)Tois (Isocr. e.Catt. p.373,e<L Bekk.). The agree- 
ment was not merely a verbal contract (stipuUttio), 
but drawn up in writing (67riTpo7T7) KaTaa'ivST]Kas, 
Dem. c. Phor. p. 912), and signed by the parties ; 
it fixed the number of referees (generally three), 
determined how many unanimous votes were ne- 
cessary for a valid decision, and probably reserved 
or prohibited, as the case might be, a right of ap- 
peal to other authorities. (Isocr. c. Call. p. 375, 
cd. Bekk. ; Dem. c. Apat. p. 897.) 

If there were no limitations, these Diaetetae 
were then, so to speak, arbitrators proper, accord- 
ing to the definition of Fcstus (p. 15, ed. Miil- 
ler) :' — "Arbiter dicitur judex, quod totius rei 
habeat arbitrium et potestatem." Moreover, no 
appeal could be brought against their judgment 
(Dcm. c. Meid. p. 545) ; though we read of an in- 
stance of a party having persuaded his opponent to 
leave a matter to the arbitration of three persons ; 
and afterwards, when he found they were likely to 
decide against himself, going before one of the 
public arbitrators. (Dem. c. Aphtb. p. f)62.) We 
should, however, suppose that in this case there 
was no written ctvvBt)kt). The award was fre- 
quently given miller tin- sanction of an oath, and 
had the same force as the judgment which pro- 
ceeded from a court of law, so that it might be fol- 
lowed by a Si'ktj ^{ouA7)t. (Dem. c. Cul/i/i. p. 1210. 
22.) We may add, that these private Diaetetae 
are spoken of as sitting iv Ttp Itpf, iv tu> 'H<pat- 
o-reitf, and that in some cases it was customary 
to give notice of their appointment to the proper 
archon or magistrate {airofpiptiv irphs Tr)v apxi'if), 
who, as Iludtwalcker suggests, may have acted at 
an tlo-aywytvs in the case. (Dcm. c. Oailip. p. 
1244. 14, r. Meid. p. 542. 14.) [R. W.] 

DIACl'.APIIKIS ( oiay P a.pus). [ KisriioitA.] 
DIA'LIS FLAM EX. [ Fi.amkv. J 
DIAMARTY'KIA (itapaprupia.) [AHA- 

I lllsls. I 

DI A. MA ST H ID'S IS (StapLaTTiyuirn), was a 
solemnity performed at Sparta at the festival of 
Artemis Orthia, irhoM temple was called Eim- 
naeon, from its situation in a marshy |«irt of the 
town. (Pans. iii. 16. § 6.) The solemnity was 
this : — Spartan youths (fipTjgoi) were scourged on 
the occasion at the altar of Artemis, by persons 
appointed for the purpose, until their blood gushed 



400 



DIAPSEPHISIS. 



DIASIA. 



forth and covered the altar. The scourging itself 
was preceded by a preparation, hy which those 
who intended to undergo the diamastigosis tried to 
harden themselves against its pains. Pausanias 
describes the origin of the worship of Artemis 
Orthia, and of the diamastigosis, in the following 
manner : — A wooden statue of Artemis, which 
Orestes had brought from Tauris, was found in a 
bush by Astrabacus and Alopecus, the sons of 
Irbus. The two men were immediately struck 
mad at the sight of it. The Limnaeans and the 
inhabitants of other neighbouring places then of- 
fered sacrifices to the goddess ; but a quarrel en- 
sued among them, in which several individuals were 
killed at the altar of Artemis, who now demanded 
atonement for the pollution of her sanctuary. From 
henceforth human victims were selected by lot and 
offered to Artemis, until Lycurgus introduced the 
scourging of young men at her altar as a substitute 
for human sacrifices. 

The diamastigosis, according to this account, was 
a substitute for human sacrifice, and Lycurgus 
made it also serve his purposes of education, in so 
far as he made it a part of the system of harden- 
ing the Spartan youths against bodily sufferings. 
(Plut, Lyc. 18, Instit. Laced, p. 254; Cic. Tuscul. 
v. 27.) According to another far less probable ac- 
count, the diamastigosis originated in a circum- 
stance, recorded by Plutarch (Aristid. 17), which 
happened before the battle of Plataeae. 

The worship of Artemis Orthia was unquestion- 
ably very ancient, and the diamastigosis only a step 
from barbarism towards civilisation. Many anec- 
dotes are related of the courage and intrepidity 
with which young Spartans bore the lashes of the 
scourge ; some even died without uttering a murmur 
at their sufferings, for to die under the strokes was 
considered as honourable a death as that on the 
field of battle. (Compare Miiller's Dor. ii. 9. § 6. 
note k, and iv. 5. § 8., note c. ; Manso, Sparta, i. 2. 
p. 183.) [L. S.] 

DIA'NOMAE (tiiavo/iai) or DIA'DOSEIS 
(SmSoVsis) were public donations to the Athenian 
people, which corresponded to the Roman congiaria. 
[Congiarium.] To these belong the free distri- 
butions of corn (Aristoph. Vesp. 715), the cleru- 
chiae [Colonia (Greek)], the revenues from the 
mines, and the money of the theorica. [Theo- 
ricon.] 

DIAPSE'PHISIS (5ia<f^«ns), a political in- 
stitution at Athens, the object of which was to pre- 
vent aliens, or such as were the offspring of an 
unlawful marriage, from assuming the rights of 
citizens. As usurpations of this kind were not 
uncommon at Athens (Plut. Pericl. 37 ; Harpocr. 
s. v. irorafids), various measures had been adopted 
against them (ypcMpa.}. fsei'as and Saipo^evias) ; but 
as none of them had the desired effect, a new me- 
thod, the 5(ai(/7j<£ uris was devised, according to 
which the trial on spurious citizens was to be held 
by the demotae, within whose deme intruders were 
suspected to exist ; for if each deme separately was 
kept clear of intruders, the whole body of citizens 
would naturally feel the benefit. Every deme 
therefore obtained the right or duty at certain 
times to revise its lexiarchic registers, and to ascer- 
tain whether any had entered their names who had 
no claims to the rights of citizens. The assembly 
of the demotae, in which these investigations took 
place, was held under the presidency of the de- 
march, or some senator belonging to the deme 



(Harpocr. s: v. S^fiapxos) • for in the case brought 
forward in the oration of Demosthenes against 
Eubulides, we do not find that he was demarch, 
but it is merely stated that he was a member of 
the fSov\i). When the demotae were assembled, 
an oath was administered to them, in which they 
promised to judge impartially, without favour to- 
wards, or enmity against, those persons on whom 
they might have to pass sentence. The president 
then read the names of the demotae from the re- 
gister, asking the opinion of the assembly (Siaifrj- 
(pi^o-Bai) respecting each individual, whether they 
thought him a true and legitimate citizen or not. 
Any one then had the right to say what he 
thought or knew of the person in question ; and 
when any one was impeached, a regular trial took 
place. (Dem. c. Eubul. p. 1302; Aeschin. De 
Fals. Leg. p. 345.) Pollux (viii. 18) says that the 
demotae on this occasion gave their votes with 
leaves and not with pebbles as was usual, but De- 
mosthenes simply calls them i|/5j<£oi. If a person 
was found guilty of having usurped the rights of a 
citizen (airo\pT]<p'i(ea6ai), his name was struck from 
the lexiarchic register, and he himself was de- 
graded to the rank of an alien. But if he did not 
acquiesce in the verdict, but appealed to the great 
courts of justice, at Athens, a heavier punishment 
awaited him, if he was found guilty there also ; for 
he was then sold as a slave, and his property was 
confiscated by the state. (Dionys. Hal. de Isaeo, 
c. 16. p. 617, ed. Reiske ; Argument, ad Demosth. 
c. Eubul.) 

If by any accident the lexiarchic registers had 
been lost or destroyed, a careful scrutiny of the 
same nature as that described above, and likewise 
called oiaif/ri<p i<m, took place, in order to prevent 
any spurious citizen from having his name entered 
in the new registers. (Dem. I. c. p. 1 306.) 

It is commonly believed that the 8ia^ri<pLO-is was 
introduced at Athens in B. c. 419, by one Demo- 
philus. (Schomann, De Comitiis, p. 358, transl. ; 
Wachsmuth, Hellen. Alterthumsk. vol. i. p. 549, 
2nd ed.) But it has justly been remarked by 
Siebelis on Philochorus (Fragm. p. 61), that 
Harpocration (s. v. Siatpiityicns), the apparent au- 
thority for this supposition, cannot be interpreted 
in this sense. One Sia^^icis is mentioned by 
Plutarch (Pericl. 37) as early as B. c. 445. Clin- 
ton (F. H. ii. p. 141) has, moreover, shown that 
the Sia^i7)(picns mentioned by Harpocration, in the 
archonship of Archias, does not belong to B. c. 4 1 9, 
but to B.C. 347. Compare Hermann, Manual of the 
Pol. Ant. of Greece, § 123. n. 14, &c. ; and Scho- 
mann, I. c, whose lengthened account, however, 
should be read with great care, as he makes some 
statements which seem to be irreconcilable with 
each other, and not founded on good authority. 
The source from which we derive most information 
on this subject is the oration of Demosthenes against 
Eubulides. [L. S.] 

DIA'RIUM. [Servus.] 

DIA'SIA (Siatria), a great festival celebrated at 
Athens, without the walls of the city (e£w rfjs 
ir6\eais), in honour of Zeus, surnamed MetAt'x'os 
(Thuc. i. 126). The whole people took part in 
it, and the wealthier citizens offered victims (lepsia), 
while the poorer classes burnt such incense as their 
country furnished (dvfiara imx<t>pia), which the 
scholiast on Thucydides erroneously explains as 
cakes in the shape of animals. (Compare Xen. 
Anab. vii. 8. § 4 ; Lucian, Tim. 1 ; Aristoph. 



DICASTF.RION. 



DICASTES. 



401 



Xui. 402, &c.) The diasia took place in the lat- 
ter half of the month of Anthesterion (Schol. 
ad Aristojjh. I. c.) with feasting and rejoicings, and 
was, like most other festivals, accompanied by a 'air. 
(Aristoph. AV;. 841.) It was this festival at which 
Cylon was enjoined by an oracle to take possession 
of the acropolis of Athens ; but he mistook the 
oracle, and made the attempt during the celebra- 
tion of the Olympian games. (Compare Pollux, i. 
2G ; Suidas s. v.) The etymology of Siiaia, given 
by most of the ancient grammarians (from Aios 
and (tart) is false, the name is a mere derivative 
from Sibs. as 'AiroW&vta from 'Att6W(iiv. [L.S.J 
DIASTYLOS. [Templum.] 
DIATRE'TA. [Vithlm.] 
DLAULOS (Siav\os). [Stadium.] 
DIAZO'MA (Sidfyna). [Sliimgaculuh.] 
DICASTE RION (Sucho-tV"), indicates both 
the aggregate judges that sat in court, and the 
place itself in which they held their sittings. For 
an account of the former, the reader is referred to 
the article Dicastes : with respect to the latter, 
our information is very imperfect. In the earlier 
ages there were five celebrated places at Athens 6ct 
apart for the sittings of the judges, who had cog- 
nizance of the graver causes in which the loss of 
human life was avenged or expiated, viz. the areio- 
pagites and the ephetac. These places were the 
Areiopagus [AmOFAGUS], and the M noAAoSi'y, 
lirl A-.'.'.'-i; . ixl TXpvTai/titf, and lp QptaTTui. 
The antiquity of these four last is sufficiently 
vouched for by the archaic character of the divi- 
sion of the causes that were appropriated to each : 
in the first we are told that accidental deaths were 
discussed ; in the second homicides confessed, but 
justified ; in the third there were quasi trials of 
inanimate things, which, by falling and the like, 
had occasioned a loss of human life ; in the fourth 
homicides who had returned from exile, and com- 
mitted a fresh manslaughter, were appointed to l>e 
tried. With respect to these ancient institutions, 
of which little more than the name remained when 
the historical age commenced, it will be sufficient 
to observe that, in accordance with the ancient 
Greek feeling respecting murder, viz., that it par- 
took more of the nature of a ceremonial pollution 
than a political offence, the presiding judge was 
invariably the king archon, the Athenian rex sa- 
crorum j nnd that the places in which the trials were 
held were open to the sky, to avoid the contami- 
nation which the judges might incur by being 
under the same roof with a murderer. (Matthiae, 
lie ./ml. Ath. p. 1.57.) The places, however, re- 
mained after the office of the judges who originally 
sat there, was abolished ; and they ap|>ear from 
Demosthenes (c. Seaer. p. 1348.21) to have been 
occasionally used by the ordinary llcliaslic judges 
when trying a cause of the kind to which they 
were originally appropriated. The most important 
court in Inter aces was the Heliaca, in which, wc 
arc told by the grammarians, the weightiest 
causes were decided ; and if so, wc may conclude 
the thesmothetac were the presiding magistrates. 
Il( aides this, ordinary Hclinstic courts sate in the 
Odeium, in the courts Trigonon, the Greater 
(Mfifoi/), the Middle {Minov), the Green, the 
Red, tlmt of Metiot hus, ami the I'arahy-ton: but 
of these we are unable to fix the localities, or to 
what magistrates it wns usual to apportion them. 
They were all pnint'd with their distinctive co- 
lours ; and, it appears, had a letter of the alphabet 



inscribed over the doorway. With the exception 
of the Heliaea. and those in which causes of mur- 
der were tried, they were probably protected from 
the weather. The d leasts sat upon wooden 
benches, which were covered with rugs or matting 
(\pia8ia,) and there were elevations or tribunes 
(/jTjjuaTa), upon which the antagonist advocates 
stood during their address to the court. The space 
occupied by the persons engaged in the trial was 
protected by a railing (8pv(pa.KTois) from the intru- 
sion of the bystanders ; but in causes which bore 
upon the violation of the mysteries, a further space 
of fifty feet all round was enclosed by a rope, and 
the security of this barrier guarant.ed by the 
presence of the public slaves. (Meier, Ait. /'roc. 
p. 1141.) [J. S. M.] 

DICASTES (Si/catrHjs), in its broadest accep- 
tation a judge, more peculiarly denotes the Attic 
functionary of the democratic period, who, with his 
colleagues, was constitutionally empowered to try 
and pass judgment upon all causes and questions 
that the laws and customs of his country pronounced 
susceptible of judicial investigation. In the circum- 
stance of a plurality of persons being selected from 
the mass of private citizens, and associated tempo- 
rarily as representatives of the whole body of the 
people, adjudicatintr between its individual mem- 
bers, and of such delegates swearing an oath that 
they would well and truly discharge the duties 
entrusted to them, there appears some resemblance 
between the constitution of the Attic dicasterion 
and an English jury, but in m arly all other respects 
the distinctions between them are as great as the 
intervals of space and time which separate their 
several nations. At Athens the conditions of his 
eligibility were, that the dicast should be a free 
citizen, in the enjoyment of his full franchise 
(tViTi/ifa), and not less than thirty years of age, 
and of persons so qualified six thousand were se- 
lected by lot for the service of every year. Ol the 
precise method of their appointment our notices are 
somewhat obscure : but we may gather from them 
that it took place every year under the conduct of 
the nine archons and their official scribe; that each 
of these ten personages drew by lot the names of 
six hundred persons of the tribe assigned to hint ; 
that the whole number so selected was again divided 
by lot into ten sections of 500 each, together with 
a supernumerary on -, consisting of a thousand per- 
sons, from among whom the occasional deficiencies 
in the sections of .500 might be supplied. To each 
of the ten sections one of the ten first letters of the 
alphabet was appropriated as a distinguishing mark, 
and a small tablet > m .<•;;••! •. inscribed with the 
letter of the section and tin- name of the individual, 
was delivered as a certificate of his appointment to 
each dicast. Three bronze plates found in the 
I'eiraceus, and described by Dudwell ( Tmrrh, vol. i. 
pp. 433 — 437), arc supposed to have served this 
purpose ; the inscriptions u|mhi them consist of 
the following letters : — A. AIOAOP03 *HEA, 
E. AEINIA2 AAA1ET2, and B. ANTIXAPMCJ2 
AAMfl, nnd bear besides representations of owls 
and Gorgon heads, nnd other devices symbolic of 
the Attic people. The thousand supernumeraries 
had in all probability some diffen nt token, but of 
\his wc hnve no certain knowledge. 

Ilefore proceeding to the exercise of his func- 
tions the dicist was obliged to swear the official 
oath ; which wa» don" in the enrlii-rnges at a place 
called Aldettna, without the city, on the banks of 
It u 



402 



DICASTES. 



DIKE. 



the Ilissus, but in after times at some other spot, 
of which we are not informed. In the time of 
Demosthenes the oath (which is given at full 
length in Dem. c. Timoc. p. 746) asserted the 
qualification of the dicast, and a solemn engage- 
ment by him to discharge his office faithfully and 
incorruptibly in general, as well as in certain spe- 
cified cases which bore reference to the appoint- 
ment of magistrates, a matter in no small degree 
under the control of the dicast, inasmuch as few 
could enter upon any office without having had 
their election submitted to a court for its approba- 
tion [Dooimasia] ; and besides these, it con- 
tained a general promise to support the existing 
constitution, which the dicast would of course be 
peculiarly enabled to do, when persons were ac- 
cused before him of attempting its subversion. 
This oath being taken, and the divisions made as 
above mentioned, it remained to assign the courts 
to the several sections of dicasts in which they 
were to sit. This was not, like the first, an appoint- 
ment intended to last during the year, but took 
place under the conduct of the thesmothetae, de 
novo, every time that it was necessary to impanel 
a number of dicasts. In ordinary cases, when one, 
two, or more sections of 500 made up the comple- 
ment of judges appropriated to trying the particular 
kind of cause in hand, the process was extremely 
simple. Two urns or caskets (Kk-qpiorripia) were 
produced, one containing tickets inscribed with the 
distinctive letters of the sections ; the other fur- 
nished, in like manner, with similar tickets to in- 
dicate the courts in which the sittings were to be 
held. If the cause was to be tried by a single 
section, a ticket would be drawn simultaneously 
from each urn, and the result announced, that sec- 
tion B, for instance, was to sit in court r ; if a 
thousand dicasts were requisite, two tablets would, 
in like manner, be drawn from the urn that re- 
presented the sections, while one was drawn from 
the other as above mentioned, and the announce- 
ment might run that sections A and B were to sit 
in court r, and the like. A more complicated 
system must have been adopted when fractional 
parts of the section sat by themselves, or were 
added to other whole sections : but what this might 
have been we can only conjecture, and it is ob- 
vious that some other process of selection must 
have prevailed upon all those occasions when 
judges of a peculiar qualification were required ; 
as, for instance, in the trial of violators of the mys- 
teries, when the initiated only were allowed to 
judge ; and in that of military offenders who were 
left to the justice of those only whose comrades 
they were, or should have been at the time when 
the offence was alleged to have been committed. 
It is pretty clear that the allotment of the dicasts 
to their several courts for the day, took place in the 
manner above-mentioned, in the market place, and 
that it was conducted in all cases, except one, by 
the thesmothetae ; in that one, which was when 
the magistrates and public officers rendered an ac- 
count of their conduct at the expiration of their term 
of office, and defended themselves against all charges 
of malversation in it [Euthyne], the logistae 
were the officiating personages. As soon as the 
allotment had taken place, each dicast received a 
staff, on which was painted the letter and colour of 
the court awarded him, which might serve both as 
a ticket to procure admittance, and also to dis- 
tinguish him from any loiterer that might endea- 



vour clandestinely to obtain a sitting after business 
had begun. 

The dicasts received a fee for their attendance 
(to SlkhcttikSv or fxia8o$ SiKaarmos). This pay- 
ment is said to have been first instituted by Pe- 
ricles (Aristot. Polit. ii. 9. p. 67, ed. Gbttling ; 
Plut. Per. 9 ; Plat. Gorg. p. SI 5) ; and it is 
generally supposed from Aristophanes (Nub. 840), 
who makes Strepsiades say that for the first obolus 
he ever received as a dicast, he bought a toy for his 
son, that it was at first only one obolus. Accord- 
ing to the Scholiast on Aristophanes (Ran. 140) 
the pay was subsequently increased to two oboli, 
but this seems to be merely an erroneous inference 
from the passage of his author. Three oboli or the 
triobolon (rpiiiSoKov) occurs as early as B. c. 425 in 
the comedies of Aristophanes, and is afterwards 
mentioned frequently. (Aristoph. Eq. 51, 255, 
Vesp. 584, 654, 660, Ran. 1.540, &c.) Bbckh has 
inferred from these passages that the triobolon was 
introduced by Cleon about B. c. 421 ; butG. Her- 
mann (Praef. ad Aristoph. Nub. p. 1, &c. 2nd edit.) 
has disputed this opinion, at least so far as it is 
founded upon Aristophanes, and thinks that the 
pay of three oboli for the dicasts existed before 
that time. However this may be, thus much is 
certain, that the pay of the dicasts was not the 
same at all times, although it is improbable that it 
should ever have been two oboli. (Aristot. ap. 
Schol. ad Aristoph. Vesp. 682 ; Hesych. s. v. Si/ca- 
ctik6v ; Suid. s. v. ^Amoral.) The payment was 
made after every assembly of a court of heliastae 
by the Colacretae (Lucian, Bis accusat. 12, 15) in 
the following manner. After a citizen had been 
appointed by lot to act as judge in a particular 
court, he received on entering the court together 
with the staff (j3a.KT7}p'ia or pdSSos) a tablet or 
ticket ((TvfxSoKov). After the business of the court 
was over, the dicast, on going out, delivered his 
ticket to the prytaneis, and received his fee in re- 
turn. (Schol. ad Aristoph. Plut. 211 ; Suid. s. v. 
fiaxTupia. ; Etymol. M. s. v. crip.So\ov ; Pollux, viii. 
16.) Those who had come too late bad no claim 
to the triobolon. (Aristoph. Vesp. 660.) The an- 
nual amount of these fees is reckoned by Aristo- 
phanes (Vesp. 560, &c. with the Schol.) at 150 
talents, a sum which is very high and can perhaps 
only be applied to the most flourishing times of 
Athens. (Bockh, Publ. Econ. of Athens, p. 227, 
2nd ed. ; Meier, Att. Proc. p. 125, &c. [J.S.M.] 
DICASTICON (SiK-ao-Ti/cdV). [Dicastes.] 
DIKE' (S'iki)), signifies generally any proceed- 
ings at law by one party directly or mediately 
against others. (Harpocrat. s. v. ; Pollux, viii. 40, 
41.) The object of all such actions is to protect 
the body politic, or one or more of its individual 
members, from injury and aggression ; a distinc- 
tion which has in most countries suggested the 
division of all causes into two great classes, the 
public and the private, and assigned to each its 
peculiar form and treatment. At Athens the first 
of these was implied by the terms public Si'koi, or 
ay Hives, or still more peculiarly by ypaipai : causes 
of the other class were termed private SiVai or 
ayaves, or simply S'tKai in its limited sense. There 
is a still further subdivision of ypa<pai into Srifioaiai 
and tSuu, of which the former is somewhat analo- 
gous to impeachments for offences directly against 
the state ; the latter, to criminal prosecutions, in 
which the state appears as a party mediately in- 
jured in the violence or other wrong done to indi- 



DIKE. 



DIKE. 



403 



vidual citizens. It will be observed that cases 
frequently arise, which, with reference to the 
wrong complained of, may with equal propriety be 
brought before a court in the form of the ypa<pT\ 
last mentioned, or in that of an ordinary Stiey, and 
under these circumstances the laws of Athens gave 
the prosecutor an ample choice of methods to 
vindicate his rights by private or public proceed- 
ings (Dem. c. Andoc. p. 601), much in the same 
way as a plaintiff in modern times may, for the 
same offence, prefer an indictment for assault, or 
bring his civil action for trespass on the person. 
It will be necessary to mention some of the prin- 
cipal distinctions in the treatment of causes of the 
two great classes above mentioned, before proceed- 
ing to discuss the forms and treatment of the pri- 
vate lawsuit. 

In a Sudj, only the person whose rights were 
alleged to be affected, or the legal protector (Kvptos) 
of such person, if a minor or otherwise incapable 
of appearing suo jure, was permitted to institute 
an action as plaintiff ; in public causes, with the 
exception of some few in which the person injured 
or his family were peculiarly bound and interested 
to act, any free citizen, and sometimes, when the 
state was directly attacked, almost any alien, was 
empowered to do so. In all private causes, except 
those of ^{ouAtjs, /JieuW, and «'£aipe(reaiv, the 
penalty or other subject of contention was ex- 
clusively recovered by the plaintiff, while in most 
others the state alone, or jointly with the prose- 
cutor, profited by the pecuniary punishment of the 
offender. The court fees, called prytaneia, were 
paid in private but not in public causes, and a 
public pr> secutor that compromised the action with 
the defendant was in most cases punished by a 
fine of a thousand drachmae and a modified dis- 
franchisement, while there was no legal impedi- 
ment at any period of a private lawsuit to the 
reconciliation of the litigant parties. (Meier, Att. 
Process, p. 163.) 

The proceedings in the Siktj were commenced 
by a summons to the defendant (irp6cTKKri<Tis) 
to appear on a certain day before the proper 
magistrate (('uraywyds), and there answer the 
charges preferred against him. (Arist. jVmA. 1221, 
Av. 1040'.) This summons was often served by 
the plaintiff in person, accompanied by one or 
two witnesses [Ci.etk.res], whose names were 
endorsed upon the declaration (Aijfis or (yK\rtna). 
If there were an insufficient service of the sum- 
mons, the lawsuit was styled lmpi(TK\t\TOi, and 
dismissed by the magistrate. (Ilesych.) From 
the circumstance of the same officer that conducted 
the anacrisis being also necessarily present at the 
trial, and as there were besides dies ncfasti 
(airo(ppdS(s) and festivals, during which none, or 
only some special causes could be commenced, th • 
power of the plaintiff in selecting his time was, of 
course, in some degree limited .; and of several 
causes, wc know that the time for their institution 
was particularised by law. ( Ari.itoph. Nub. 1190.) 
There were also occasions upon which a personal 
arrest of the party proceeded against took the 
place of, or at all events was simultaneous with, 
the service of the summons ; as for instance, 
when the plaintiff doubt'-d whether such party 
would not leave the country to avoid answe ring 
the action ; and accordingly wc find that in such 
cases (Dem. c. Ziiwth. p. H!)0, c. Arisloij. p. 77ii> 
uu Athenian plaintiff might compel a foreigner to 



accompany him to the polemarch's office, and there 
produce bail for his appearance, or failing to do so, 
submit to remain in custody till the trial. The 
word KCLTtyyvav is peculiarly used of this proceed- 
ing. Between the service of the summons and ap- 
pearance of the parties before the magistrate, it is 
very probable that the law prescribed the inter- 
vention of a period of five days. (Meier, Alt. 
Process, p. 580.) If both parties appeared, the 
proceedings commenced by the plaintiff putting in 
his declaration, and at the same time depositing his 
share of the court fees {irpvTavfta), the non-pav- 
ment of which was a fatal objection to the further 
progress of a cause. (Matth. DeJud. Ath. p. 201.) 
These were very trifling in amount. If the sub- 
ject of litigation was rated at less than 1 00 
drachmae, nothing was paid ; if at more than 100 
drachmae and less than 1000 drachmae, 3 drachmae 
was a sufficient deposit, and so on in proportion. 
If the defendant neglected or refused to make his 
payment, it is natural to conclude that he under- 
went the penalties consequent upon non-appear- 
ance ; in all cases the successful part}' was reim- 
bursed his prytaneia by the other. (Meier, Att. 
Process, p. 613.) The irapaKaTaSoXi] was another 
deposit in some cases, but paid by the plaintiff 
only. This was not in the nature nor of the 
usual amount of the court fees, but a kind of 
penalty, as it was forfeited by the suitor in case he 
failed in establishing his cause. In a suit against 
the treasury, it was fixed at a fifth ; in that of a 
claim to the property of a deceased person by an 
alleged heir or devisee, at a tenth of the value 
sought to be recovered. (Matth. De Jud. Ath. 
p. 260.) If the action was not intended to be 
brought before an heliastic court, but merely sub- 
mitted to the arbitration of a diaetetes [Diae- 
tetes], a course which was competent to the 
plaintiff to adopt in all private actions (Hudt- 
walcker, De LHaelet. p. 35), the drachma paid in 
the place of the deposit above mentioned bore the 
name of irapirrTacns. The deposits being made, it 
became the duty of the magistrate, if no manifest 
objection appeared on the face of the declaration, 
to cause it to be written out on a tablet, and c* 
posed for the inspection of the public on the wall 
or other place that served as the cause list of his 
court. (Meier, Alt. Process, p. 005.) 

The magistrate then appointed a day for the 
further proceedings of the anacrisis [ A nachimn], 
which was done by drawing lots for the priority 
in case there was a plurality of causes instituted at 
the same time ; and to this proceeding the phrase 
Kayx*"*'" o'iHi)v, which generally denotes to bring 
an action, is to be primarily attributed. If the 
plaintiff failed to appear at tin- anacrisis, the suit, 
of course, fell to the ground ; if the defendant 
made default, judgment passed against him* 
(Meier, Att. Process, p. 623.) Iloth parlies, how- 
ever, received an official summons before their 
non-appearance was made the ground of either re- 
sult. An affidavit might at this, as well as at 
othrr periods of the action, be made in behalf of 
a person unable to attend upon the given day, 
and this would, if allowed, have the effect of post- 
poning further proceedings ( vnunoala) ; it might, 
however, be combated by a counter affidavit to the 
effect, that the alleged reason was unfounded or 
otherwise insufficient ( ivOinrwuorrta) ; and a ques- 
tion would ari<'- it|>oii this point, the decision of 
which, when adverse to the defendant, would 
D D 2 



404 



DIKE. 



DICTATOR. 



render him liable to the penalty of contumacy. 
(Dem. c. Olymip. p. 1174.) The plaintiff was in 
this case said ipri/j.-rii' eAeTc : the defendant, tpT]fi7]v 
btpKtiv, SiK-qv being the word omitted in both 
phrases. If the cause were primarily brought be- 
fore an umpire (5miT?)T^s), the anacrisis was con- 
ducted by him ; in cases of appeal it was dispensed 
with as unnecessary. The anacrisis began with 
the affidavit of the plaintiff (vpoafioirta), then 
followed the answer of the defendant (avTUfioaia 
or avTiypcup'fi [Antigraphe], then the parties pro- 
duced their respective witnesses, and reduced their 
evidence to writing, and put in originals, or authen- 
ticated copies, of all the records, deeds, and con- 
tracts that might be useful in establishing their 
case, as well as memoranda of offers and requisi- 
tions then made by either side (irpoKAfio-eis). 
The whole of the documents were then, if the 
cause took a straight-forward course ((v9vSiKia), 
enclosed on the last day of the anacrisis in a 
casket (exivos), which was sealed and entrusted 
to the custody of the presiding magistrate, till it 
was produced and opened at the trial. During the 
interval no alteration in its contents was per- 
mitted, and accordingly evidence that had been 
discovered after the anacrisis was not producible 
at the trial. (Dem. c. Boeot. i. p. 999.) In, some 
causes, the trial before the dicasts was by law ap- 
pointed to come on within a given time ; in such 
as were not provided for by such regulations, we 
may suppose that it would principally depend upon 
the leisure of the magistrate. The parties, how- 
ever, might defer the day (Kvpid) by mutual con- 
sent. (Dem. c. PJiaen. p. 1042.) Upon the court 
being assembled, the magistrate called on the cause 
(Platner, Process und Klagen, vol. i. p. 182), and 
the plaintiff opened his case. At the commence- 
ment of the speech, the proper officer (6 i<p' iiSup) 
filled the clepsydra with water. As long as the 
water flowed from this vessel, the orator was per- 
mitted to speak ; if, however, evidence was to be 
read by the officer of the court, or a law recited, 
the water was stopped till the speaker recommenced. 
The quantity of water, or, in other words, the length 
or*the speeches, was not by any means the same 
in all causes : in the speech against Macartatus, 
and elsewhere, one amphora only was deemed 
sufficient ; eleven are mentioned in the impeach- 
ment of Aeschines for misconduct in his embassy. 
In some few cases, as those of kolkwitis, according 
to Harpocration, no limit was prescribed. The 
speeches were sometimes interrupted by the cry 
KardSa — " go down," in effect, " cease speaking" 
— from the dicasts, which placed the advocate in 
a serious dilemma ; for if after this he still per- 
sisted in his address, he could hardly fail to offend 
those who bid him stop ; if he obeyed the order, 
it might be found, after the votes had been taken, 
that it had emanated from a minority of the 
dicasts. (Aristoph. Vesp. 973.) After the speeches 
of the advocates, which were in general two on 
each side, and the incidental reading of the docu- 
mentary and other evidence, the dicasts proceeded 
to give their judgment by ballot. [Psephos.] 

When the principal point at issue was decided in 
favour of the plaintiff, there followed in many cases 
a further discussion as to the amount of damages, 
or penalty, which the defendant should pay. 
[Timema.] The method of voting upon this 
question seems to have varied, in that the dicasts 
used a small tablet instead of a ballot-ball, upon 



which those that approved of the heavier penalty 
drew a long line, the others a short one. (Aristoph. 
Vesp. 167.) Upon judgment being given in a pri- 
vate suit, the Athenian law left its execution very 
much in the hands of the successful party, who was 
empowered to seize the movables of his antagonist 
as a pledge for the payment of the money, or insti- 
tute an action of ejectment (i^ovAys) against the 
refractory debtor. The judgment of a court of 
dicasts was in general decisive (8i/oj avToTeA^s) ; 
but upon certain occasions, as, for instance, when a 
gross case of peijury or conspiracy could be proved 
by the unsuccessful party to have operated to his 
disadvantage, the cause, upon the conviction of 
such conspirators or witnesses, might be com- 
menced de novo. [Appellatio (Greek).] In ad- 
dition to which, the party against whom judgment 
had passed by default, had the power to revive 
the cause, upon proving that his non-appearance 
in court was inevitable {t^v ipr\jxr\v hiTiKax^v, 
Platner, Process und Klagen, vol. i. p. 396) ; this, 
however, was to be exercised within two months 
after the original judgment. If the parties were 
willing to refer the matter to an umpire (5iai- 
T77T?;s), it was in the power of the magistrate 
to transfer the proceedings as they stood to that 
officer ; and in the same way, if the diaetetes con- 
sidered the matter in hand too high for him, he 
might refer it to the eio-ayuiyevs, to be brought by 
him before an heliastic court. The whole of the 
proceedings before the diaetetes were analogous to 
those before the dicasts, and bore equally the name 
of S'ikti : but it seems that the phrase avriKax^v 
rijv fir] oiicrav is peculiarly applied to the revival of 
a cause before the umpire in which judgment had 
passed by default. 

The following are the principal actions, both 
public and private, which we read of in the Greek 
writers, and which are briefly discussed under 
their several heads : — 

A'lkt) or Tpa<pT\ — 'ASiidas irpbs tov Srjfiov : 
'Aytaipyiov : ' Ay paiplov : 'Aypd(pov fieraWov : 
AiKias : 'AXoy'wv : ' Afi€A(io~etns : 'A/ieAt'ou : 'Ava- 
yayrjs : 'AvavfActxiov ; 'AvSpcmoSiafiOv : 'AvSpa- 
irSSaiv . 'AiraT^ffecus tov Srjfiov : 'A<popiu.ris : 'Awo- 
Aen|/ews : 'Airo7re'^trj/ea>s : 'Airooraa'iou : ' Airpoara- 
atov; 'Apyias: 'Apyvplov: 'Atr6§eias: 'AarpaTe'ias: 
AvTOfj.oAias : AiroTeA^s : BeSuiivcrews : Bialaiv ; 
BAd§7jj : BovAevaews : KaKrjyopias : Kaici&aeas : 
KaKOTex" 1 ^ '■ Kdpwov ; KoToAi5(T6a>i tov Sti/xov : 
KaTaa'K07r7)S : Xpeous : Xaplov ; KAo7r7jy | Ae/cao"- 
fxov : Aei A/'as : Awpwv : Awpo^evlas : 'Eyyiys : 
'EyoiKtov : 'EiriTpnjpapx'If'.aTos : "EiriTpoirTjs : 'E|a- 
ywyris: 'E|aipeVeais : 'E^ouArjs; ' Apwayrjs : Eipyfj.ov: 
'ETatprjerecus : 'IepoiruAi'as : "TiroSoArjs : "TSp^ais : 
AznrofMaprvpiov : AeiirovavTiov : AeLTrocrparLov : 
Aenrora^iov : Mio~6ov • Mio~8(0O~eus o'ikov ; Moi- 
Xt'ias : NofX.'urfiaTos$ta(p6opas : Oiki'os: IlapaKaTa- 
Sr]K7]s : Uapavoias : Xlapav6fxwv : YlapaTrpeaSeias : 
TlapeLO~ypa.<p7js : <Pa.p/xdKau ; <PdVou : 4>opas cupavovs 
Kai fj.£6r]/A(pivris : QBopas twv iAevSepav : Wpoa- 
yayias : UpoSoaias: Tlpoeto~<popas : ripotico's : Vev- 
Seyypatprjs : TtuSo/cAijTei'as : "Vev^oixaprvpioiv \ 
'PrjTopi/crj : 'S.Kvpia : 2,'itov: Swcoipcwnas : ^v/mSo 
Aai'tti!/, or ~2,vv8i}koiv ■xapaSdaeas : Tpavuaros e/c 
Trpocoias : TvpavpiSos. [J. S. M.] 

DI'CROTUM. [Navis.] 

DICTATOR, an extraordinary magistrate at 
Rome. The name is of Latin origin, and the of- 
fice probably existed in many Latin towns before it 
was introduced into Rome (Dionys. v. 74). We 



DICTATOR. 



DICTATOR. 



■105 



find it in Lanuvium even in very late times (Cic. 
pro Mil. 10). At Rome this magistrate was ori- 
ginally called magister popu/i and not dictator, and 
in the sacred hooks he was always designated by 
the former name down to the latest times. (Cic. 
de Hep. i. 40, de Leg. iiL 3, de Fin. iii. 22 ; Var. 
L.L. v. 82, ed. Miiller ; Festus, s. v. optima lex, 
p. 198, ed. Miiller.) 

On the establishment of the Roman republic 
the government of the state was entrusted to two 
consuls, that the citizens might be the better pro- 
tected against the tyrannical exercise of the supreme 
power. But it was soon felt that circumstances 
might arise in which it was of importance for the 
safety of the state that the government should be 
vested in the hands of a single person, who should 
possess for a season absolute power, and from whose 
decision there should be no appeal to any other 
body. Thus it came to pass that in u. c. 501, 
nine years after the expulsion of the Tarquins, the 
dictatorship (dictutura) was instituted. The name 
of the first dictator and the immediate reason of his 
appointment were differently stated in the annalists. 
The oldest authorities mention T. Larcius, one of 
the consuls of the year, as the first dictator, but 
others ascribed this honour to M'.Valerius. (Liv. ii. 
18.) Livy states (I.e.) that a formidable war with 
the Latins led to the appointment ; and he also 
found mentioned in the annals that the consuls of 
this year were suspected of belonging to the party 
of the Tarquins ; but in the latter case T. Larcius 
could not have been one of the consuls. Dionysius 
relates at length (v. 63 — 70) that the plebs, who 
were oppressed by the weight of their debts, took 
advantage of the danger of the republic to obtain 
sonic mitigation of their sufferings, and refused to 
serve in the army, and that thereupon recourse 
was had to a dictator to bring them to their duty. 
Hut as Livy makes no mention of any internal 
disturbances in this year, and docs not speak of 
any commotions on account of debts till four years 
subsequently, we may conclude that Dionysius has 
in this case, as he has in many others, deserted the 
annalists in order to give what appeared to him a 
more satisfactory reason. It is true that the pa- 
tricians frequently availed themselves of the dic- 
tatorship as a means of oppressing the plebs ; but 
it is certainly unnecessary to seek the first institu- 
tion of the office in any other cause than the simple 
one mentioned by Livy, namely, the great danger 
with which the state was threatened. Modem 
scholars have stated other reasons for the establish- 
ment of the dictatorship, which are so purely con- 
jectural and possess such little inherent probability, 
that they do not require any refutation. Thus 
Niebuhr infers (Hist, of /{ome,\o\. i. p. 504) from 
the Roman dictator being ap|«>inted only for six 
months, that he was at the head both of Rome and 
of the Latin league, and that a Latin dictator pos- 
sessed the supreme power for the oilier six months 
of the year ; but this supposition, independent of 
other considerations, is contradicted by the fact, 
that in the year in which the dictator was first ap- 
pointed, Rome anil the Latins were preparing (or 
war with one another. In like manner Hiischke 
( YrrfwMUMJ d. Srrvius Tullitu, p. 510) starts the 
strange hypothesis, that the dictatorship was part of 
the constitution of Servioi Tullius, and that a dic- 
tator was to be nominated every decennium for the 
purpose of fixing the cluvus aiinalis and of holding 
the census. 



By the original law respecting the appointment 
of a dictator (lex de diclatore creando) no one was 
eligible for this office, unless he had previously 
been consul (Liv. ii. 18). We find, however, a 
few instances in which this law was not observed. 
(See e.g. Liv. iv. 26, 48, vii. 24.) When a dic- 
tator was considered necessary, the senate passed a 
senatus consultum that one of the consuls should 
nominate (dicere) a dictator ; and without a pre- 
vious decree of the senate the consuls had not the 
power of naming a dictator, although the contrary 
used to be asserted in most works on Roman an- 
tiquities. In almost all cases we find mention of 
a previous decree of the senate (see e. g. ii. 30, iv. 
17, 21, 23, 26, 57, vi. 2, vii. 21, viiL 17, ix. 29, 
x. 1 1, xxii. 57); and in the few instances, in which 
the appointment by the consul is alone spoken of, 
the senatus consultum is probably not mentioned, 
simply because it was a matter of course. Niebuhr 
indeed supposes (Hist, of Home, vol. i. p. 507) 
that the dictator was originally created by the 
curiae, like the kings. According to his view the 
senate proposed a person as dictator, whom the 
curiae elected and the consul then proclaimed 
(dixit) ; and after this proclamation the newly 
elected magistrate received the imperium from the 
curiae. Niebuhr further supposes that the right of 
conferring the imperium may have led the curiae 
to dispense with voting on the preliminary nomina- 
tion of the senate. But this election of the dic- 
tator by the curiae is only supported by two pas- 
sages, one of Dionysius and the other in Festus, 
neither of which is conclusive in favour of Niebuhr's 
view. Dionysius simply says (v. 70) that the dic- 
tator should be one " whom the senate should 
nominate and the people approve of" (^jrnJ/7)<7>/(T- 
ttjtoi), but this may merely refer to the granting 
of the imperium by the curiae. In Festus (p. 198) 
we read " M. Valerius — qui primus niagister a 
popido creatus est ; " but even if there were no 
corruption in this passage, we need only under- 
stand that a dictator was appointed in virtue of a 
senatus consultum, and certainly need not suppose 
that by jiojiulus the curiae are intended: there 
can however be hardly any doubt that the passage 
is corrupt, and that the true reading is " qui 
primus mugistcr populi creatus est." We may 
therefore safely reject the election by the curiae. 

The nomination or proclamation of tie dictator 
by the consul was, however, necessary in all cases. 
It was always made by the consul, probably with- 
out any w itne.-.ics, between midnight and morning, 
and with the observance of the auspices (surgens or 
orient nocte silent io * dictatorem dieebut, Liv. viii. 
23, ix. 38, xxiii. 22 ; Dionys. x. 11). The tech- 
nical word for this nomination or proclamation was 
dieerc (seldom creare or facere). So essential was 
the nomination of the consul's that we find the 
senate on one occasion having recourse to the tri- 
bunes of the people to compel the consuls to nomi- 
nate a dictator, when they had refused to do so 
(Liv. iv. 26) ; and after the battle at the lake 
Trasimcnus, when all communication with the sur- 
viving consul was cut off, the senate provided for 
the emergency by causing the people to elect n 
prmlirtutur, because, has* Livy, the people could 
not elect (creare) a dictator, having never up to 
that time exercised such n power (Liv. xxii. 8). 

• Respecting the meaning of tilentium in rela- 
tion to the auspices, sec Arcjl.it, p. 170, b. 
Ii i) 3 



406 



DICTATOR. 



DICTATOR. 



In the same spirit it became a question, whether 
the tribuni militum with consular power could 
nominate a dictator, and they did not venture to 
do so till the augurs had been consulted and de- 
clared it allowable (Liv. iv. 21). The nomination 
of Sulla by an interrex and of Caesar by a praetor 
was contrary to all precedent and altogether illegal. 
(Comp. Cic. ad Att. ix. 15.) The senate seems to 
have usually mentioned in their decree the name 
of the person whom the consul was to nominate 
(Liv. iv. 17, 21, 23, 46, vi. 2, vii. 12, viii. 17, ix. 
29, x. 11, xxii. 57) ; but that the consul was not 
absolutely bound to nominate the person whom the 
senate had named, is evident from the cases in 
which the consuls appointed persons in opposition 
to the wishes of the senate (Liv. viii. 12, Epit. 
1 9 ; Suet. Tib. 2.) It is doubtful what rule was 
adopted, or whether any existed, for the purpose 
of. determining which of the two consuls should 
nominate the dictator. In one case we read that 
the nomination was made by the consul who had 
the fasces (Liv. viii. 12), in another that it was 
decided by lot (iv. 26), and in a third that it was 
matter of agreement among themselves (iv. 21). 
In later times the senate usually entrusted the 
office to the consul who was nearest at hand. The 
nomination took place at Rome, as a general rule ; 
and if the consuls were absent, one of them was 
recalled to the city, whenever it was practicable 
(Liv. vii. 19, xxiii. 22) ; but if this could not be 
done, a senatus consultum authorising the appoint- 
ment was sent to the consul, who thereupon made 
the nomination in the camp. (Liv. vii. 21, viii. 23, 
ix:. 38, xxv. 2, xxvii. 5.) Nevertheless, the rule 
was maintained that the nomination could not take 
place outside of the Ager Romanus, though the 
meaning of this expression was extended so as to 
include the whole of Italia. Thus we find the 
senate in the second Punic war opposing the nomi- 
nation of a dictator in Sicily, because it was out- 
side of the ager Romanus (extra agrum Romanum — 
eum autem Italia terminari, Liv. xxvii. 5). 

Originally the dictator was of course a patrician. 
The first plebeian dictator was C. Marcius Rutilus, 
nominated in B. c. 356 by the plebeian consul M. 
Popillius Laenas. (Liv. vii. 17.) 

The reasons, which led to the appointment of a 
dictator, required that there should be only one at 
a time. The only exception to this rule occurred 
in B. c. 216 after the battle of Cannae, when M. 
Fabius Buteo was nominated dictator for the pur- 
pose of filling up the vacancies in the senate, al- 
though M. Junius Pera was discharging the regular 
duties of the dictator ; but Fabius resigned on the 
day of his nomination on the ground that there 
could not be two dictators at the same time. (Liv. 
xxiii. 22, 23 ; Plut. Fab. 9.) The dictators that 
were appointed for carrying on the business of the 
state were said to be nominated rei gerundae causa, 
or sometimes seditionis sedandae causa ; and upon 
them, as well as upon the other magistrates, the 
imperium was conferred by a Lex Curiata. ( Liv. 
ix. 38, 39 ; Dionys. v. 70.) Dictators were also 
frequently appointed for some special purpose, and 
frequently one of small importance, of whom fur- 
ther mention will be made below. At present we 
confine our remarks to the duties and powers of 
the dictator rei gerundae causa. 

The dictatorship was limited to six months (Cic. 
de Leg. iii. 3 ; Liv. iii. 29, ix. 34, xxiii. 23 ; Dio- 
rjys. v. 70, x. 25 ; Dion Cass, xxxvi. 17, xlii. 21 ; 



Zonar. vii. 13), and no instances occur in which a 
person held this office for a longer time, for the 
dictatorships of Sulla and Caesar are of course not 
to be taken into account. On the contrary, though 
a dictator was appointed for six months, he often 
resigned his office long previously, immediately 
after he had despatched the business for which he 
had been appointed. (Liv. iii. 29, iv. 46, vi. 29.) 
As soon as the dictator was nominated, a' kind of 
suspension took place with respect to the consuls 
and all the other magistrates, with the exception 
of the tribuni plebis. It is frequently stated 
that the duties and functions of all the ordinary 
magistrates entirely ceased, and some writers have 
even gone so far as to say that the consuls abdi- 
cated (Polyb. iii. 87 ; Cic. de Leg. iii. 3 ; Dionys. 
v. 70, 72) ; but this is not a correct way of stating 
the facts of the case. The regular magistrates 
continued to discharge the duties of their various 
offices under the dictator, but they were no longer 
independent officers, but were subject to the higher 
imperium of the dictator, and obliged to obey his 
orders in every thing. We often find the dictator 
and the consuls at the head of separate armies at 
the same time, and carrying on war independent of 
one another (Liv. ii. 30, viii. 29) ; we see that 
the soldiers levied by the dictator took the oath of 
allegiance to the consul (Liv. ii. 32), and that the 
consuls could hold the consular comitia during a 
dictatorship. (Liv. xxiii. 23.) All this shows that 
the consuls did not resign their functions, although 
they were subject to the imperium of the dictator ; 
and accordingly, as soon as the dictator abdicated, 
they again entered forthwith into the full posses- 
sion of the consular power. 

The superiority of the dictator's power to that of 
the consuls consisted chiefly in the three following 
points — greater independence of the senate, more 
extensive power of punishment without any ap- 
peal (provocatio) from their sentence to the people, 
and irresponsibility. To these three points, must 
of course be added that he was not fettered by a col- 
league. We may naturally suppose that the dic- 
tator would usually act in unison with the senate ; 
but it is expressly stated that in many cases where 
the consuls required the co-operation of the senate, 
the dictator could act on his own responsibility. 
(Polyb. iii. 87.) For how long a time the dic- 
tatorship was a magistratus sine provocatione, is 
uncertain. That there was originally no appeal 
from the sentence of the dictator is certain, and 
accordingly the lictors bore the axes in the fasces 
before them even in the city, as a symbol of their 
absolute power over the lives of the citizens, al- 
though by the Valerian law the axes had disap- 
peared from the fasces of the consuls. (Liv. ii. 18, 
29, iii. 20 ; Zonar. vii. 13 ; Dionys. v. 70, 75 ; 
Pompon, de Orig. Jur. § 18.) That an appeal after- 
wards lay from their sentence to the people, is 
expressly stated by Festus (s. v. optima lex), and 
it has been supposed that this privilege was 
granted by the lex Valeria Horatia, passed after 
the abolition of the decemvirate in B. c. 449, 
which enacted "ne quis ullum magistratum sine 
provocatione crearet." (Liv. iii. 15). But eleven 
years afterwards the dictatorship is spoken of as a 
magistratus sine provocatione ; and the only in- 
stance in Livy (viii. 33 — 34) in which the dicta- 
tor is threatened with provocatio, certainly does 
not prove that this was a legal right ; for L. Pa- 
pirius, who was then dictator, treated the provo- 



DICTATOR. 



DICTATOR. 



407 



catin a3 an infringement of the rights of his office. 
We may therefore suppose that the Lex Valeria 
Horatia only applied to the regular magistracies, 
and that the dictatorship was regarded as exempt 
from it. Whether however the right of prococatio 
was afterwards given, or the statement in Festus 
is an error, cannot be determined. In connection 
with the provocatio there arises another question 
respecting the relation of the dictatorship to the 
tribunes of the plebs. We know that the tribunes 
continued in office during a dictatorship ; but we 
have no reason to believe that they had any con- 
trol over a dictator, or could hamper his pro- 
ceedings bv their intercessio or aturilium, as they 
could in the case of the consuls. The few in- 
stances, which appear to prove the contrary, are 
to be explained in a ditferent manner, as Becker 
has shown. That the tribunes continued in office as 
independent magistrates during a dictatorship, while 
all the other magistrates became simply the officers 
of the dictator, is to be explained by the fact, that 
the lex de diclulore creando was passed before the 
institution of the tribuneship of the plebs, and 
consequently made no mention of it, and that as a 
dictator was appointed in virtue of a senatus con- 
sultum, the senate had no power over the tribunes 
of the plebs, though they could suspend the other 
magistrates. 

It has been already stated that the dictator was 
irresponsible, that is, he was not liable after his 
abdication to be called to account for any of his 
official acts. This is expressly stated by ancient 
writers (Zonar. vii. 13, Dionys. v. 70, vii. .56; 
Pint. I'uh. 3 ; Appian, Ii. C. ii. 23), and, even if it 
had not been stated, it would follow from the very 
nature of the dictatorship. We find moreover no 
instance recorded in which a dictator after his re- 
signation was made answerable for the misuse of 
his power, with the exception of Camillus, whose 
case however was a very peculiar one. (Compare 
Becker, ItVunisch. Allerth. vol. ii. part ii. p. 172.) 

It was in consequence of the (treat an( j lTTe . 
sponsible power possessed by the dictatorship, that 
we find it frequently compared with the regal 
dignity, from which it only differed in being held 
fir a limited time. (Cic. de Rep. ii. 32 ; Zonar. 
vii. 13 ; Dionys. v. 70, 73 ; Appian, li. C. i. 99 ; 
Tac. Ann. i. 1.) There were however a few 
limits to the power of the dictator. 1. The most 
important was that which wc have often men- 
tioned, that the period of his office was only six 
months. 2. He had not power over the treasury, 
but could only make use of the money which was 
muted him by the senate. ( Zonar. vii. 13.) 3. 
HC mi not allowed to leave Italy, since he might in 
that case easily become dangerous to the republic 
(Dion Cass, xxxvi. 17) ; though the case of Ati- 
lius Calatinus in the first Punic war forma an 
exception to this rule. (Lir, Epil. 19.) 4. lie 
was not allowed to ride on horseback at Home, 
without previously obtaining the permission of the 
people (Liv. xxiii. 14 ; Zonar. vii. 13) r a re- 
gulation apparently capricious, but perhaps 
adopted that he might not be ar too great a resem- 
blance to the kings, who were accustomed to ride. 

The insignia of the consuls were nearly the same 
as those of the kings in earlier times ; and of the 
Consuls subsequently. Instead however of having 
only twelve lie-tors, as was the case with the con- 
suls, be was preceded by twenty-lour bearing the 
secures as well as the fasces. The tellu curu/is 



and tnga praclexia also belonged to the dictator. 
(Polvb. iii. 87 ; Dionvs. x. 24 ; PluL Fab. 4 ; 
Appian, D. C. i. 100 ; Dion Cass, liv 1.). 

The preceding account of the dictatorship ap- 
plies more particularly to the dictator rei gerundae 
causa ; but dictators were also frequently appointed, 
especially when the consuls were absent from the 
city, to perform certain acts, which could not be done 
by any inferior magistrate. These dictators had 
little more than the name ; and as they were only 
appointed to discharge a particular duty, they had 
to resign immediately that duty was performed, 
and they were not entitled to exercise the power 
of their office in reference to any other matter than 
the one for which they were nominated. The oc- 
casions on which such dictators were appointed, 
were principally: — 1. For the purpose of holding 
the comitia for the elections (comitiorum habea- 
durum causa). 2. For fixing the ctarus anna/is in 
the temple of Jupiter (clavi figendi causa) in times 
of pestilence or civil discord, because the law said 
that this ceremony was to be performed by the 
prartor mai-imus, and after the institution of the 
dictatorship the latter was regarded as the highest 
magistracy in the state (Liv. vii. 3). 3. For 
appointing holidays ( feriarum constituendarum 
causa) on the appearance of prodigies (Liv. vii. 
28), and for officiating at the public games (/«- 
dorum fadendorum causa), the presidency of which 
belonged to the consuls or praetors (viii. 40, ix. 
34). 4. For holding trials (quacstiunibus cj-ercen- 
dis, ix. 36). 5. And on one occasion, for filling up 
vacancies in the senate (leyendo senatui, xxiii. 22). 

Along with the dictator there was always a 
maijister er/uitum, the nomination of whom was left 
to the choice of the dictator, unless the senatus con- 
sultum specified, as was sometimes the case, the name 
of the person who was to be appointed (Liv. viii. 
17, xxii. 57). The magistcr equitum had, like the 
dictator, to receive the imperium by a lex curia ta 
(Liv. ix. 38). The dictator could not he without 
a magister equitum, and, consequently, if the latter 
died during the six months of the dictatorship, 
another had to be nominated in his stead. The 
magister equitum was subject to the imperium of 
the dictator, but in the absence of his superior he 
became his representative, and exercised the same 
powers as the dictator. On one occasion, shortly be- 
fore legal dictators ceased to be appointed, we find 
an instance of a magister equitum being invested 
with an imperium equal to that of the dictator, so 
that there were then virtually two dictators, but 
this is expressly mentioned an an anomaly, which 
had never occurred before (Polvb. iii. 103, 106). 
The rank which the magister equitum held among 
the other Roman magistrates is doubtful. Nie- 
buhr asserts (vol. ii. p. 390) " no one ever sup- 
posed that his office was a curule one ;" and if he 
is right in supposing that the consular tribunate 
was not a curule office, his view is supported by 
the account in Livy, that the impcriuui of the 
magister equitum was not regarded as superior to 
that of a consular tribune (vi. 39). Cicero on the 
contrary places the magister equitum on a par 
with the pnetor (de iii. 3); and after the 

establishment of the praelorship, it seems to have 
been considered necessary that the person who 
was to be nominated magister equitum should 
previously have been praetor, just as the dictator, 
according to the old law, had to be chosen from the 
consulars (Dion C'aas. xlii. 21). Accordingly, we 
I) n I 



403 



DIES. 



DIES. 



find at a later time that the magister equitum had 
the insignia of a praetor (Dion Cass. xlii. 27). 
The magister equitum was originally, as his name 
imports, the commander of the cavalry, while the 
dictator was at the head of the legions, the in- 
fantry (Liv. iii. 27), and the relation between 
thera was in this respect similar to that which 
subsisted between the king and the tribunus 
celerum. 

Dictators were only appointed so long as the 
Romans had to carry on wars in Italy. A solitary 
instance occurs in the first Punic war of the nomi- 
nation of a dictator for the purpose of carrying 
on war out of Italy (Liv. Epit. 19) ; but this was 
never repeated, because, as has been already re- 
marked, it was feared that so great a power might 
become dangerous at a distance from Rome. But 
after the battle of Trasimene in B.C. 216, when 
Rome itself was threatened by Hannibal, recourse 
was again had to a dictator, and Q. Fabius Maxi- 
mus was appointed to the office. In the next 
year, B. c. 2 1 6, after the battle of Cannae, M. Ju- 
nius Pera was also nominated dictator, but this 
was the last time of the appointment of a dictator 
rei gerundae causa. From that time dictators 
were frequently appointed for holding the elections 
down to B. c. 202, but from that year the dictator- 
ship disappears altogether. After a lapse of 120 
years, Sulla caused himself to be appointed dic- 
tator in B. c. 82, reipublicae cotistituendae causa 
(Veil. Pat. ii. 28), but as Niebuhr remarks, " the 
title was a mere name, without any ground for 
such a use in the ancient constitution." Neither 
the magistrate (interrex) who nominated him, nor 
the time for which he was appointed, nor the ex- 
tent nor exercise of his power, was in accordance 
with the ancient laws and precedents ; and the 
same was the case with the dictatorship of Caesar. 
Soon after Caesar's death the dictatorship was 
abolished for ever by a lex proposed by the consul 
Antonius (Cic. Phil. i. 1 ; Liv. Epit. 116 ; Dion 
Cass. xliv. 51). The title indeed was offered to 
Augustus, but he resolutely refused it in conse- 
quence of the odium attached to it from the tyranny 
of Sulla when dictator (Suet. Aug. 52). 

During the time, however, that the dictatorship 
was in abeyance, a substitute was invented for it, 
whenever the circumstances of the republic re- 
quired the adoption of extraordinary measures, by 
the senate investing the consuls with dictatorial 
power. This was done by the well-known formula, 
Videant or dent operam consules, ne quid respublica 
detrimenti capiat. (Comp. Sail. Catil. 29.) 

(The preceding account has been mostly taken 
from Becker, Handbuch der Romischen A Iter - 
thinner, vol. ii. part ii. p. 150, &c. ; comp. Niebuhr, 
Hist, of Rome, vol. i. p. 563, &c. ; Gottling, Ges- 
chichte der Rmnisch. Staatsverfassimg, p. 279, &c.) 

DICTY'NNIA (Siicrvvpia), a festival with 
sacrifices, celebrated at Cydonia in Crete, in honour 
of Artemis, surnamed Amtwuci or AiKTvvvaia, 
from o'iktvov, a hunter's net. (Diodor. Sic. v. 76 ; 
compare Strabo x. p. 479 ; Pausan. ii. 30. § 3.) 
Particulars respecting its celebration are not known. 
Artemis AtKTvvua was also worshipped at Sparta 
(Paus. iii. 12. § 7), and at Ambrysus in Phocis. 
(Paus. x. 36. § 3 ; compare the Schol. ad Aristoph. 
Ran. 1284, Vesp. 357 ; and Meursius, Creta, 
c. 3.) [L. S.] 

DIES (of the same root as Si6s and deus, Butt- 
mann, Mythol. ii. p. 74). The name dies was ap- 



plied, like our word day, to the time during which, 
according to the notions of the ancients, the sun 
performed his course round the earth, and this 
time they called the civil day (dies civilis, in Greek 
vvx9rifj.(pou, because it included both night and 
day. See Censorin. De Die Nat. 23 ; Plin. H. N. 
ii. 77, 79 ; Varro, De Re Rust. i. 28 ; Macrob. Sat. 

1. 3). The natural day (dies naturalis), or the 
time from the rising to the setting of the sun, was 
likewise designated by the name dies. The civil 
day began with the Greeks at the setting of the 
sun, and with the Romans at midnight ; with the 
Babylonians at the rising of the sun, and with the 
Umbrians at midday. (Macrob. I. c. ; Gellius, iii. 

2. ) We have here only to consider the natural 
day, and as its subdivisions were different at dif- 
ferent times, and not always the same among the 
Greeks as among the Romans, we shall endeavour 
to give a brief account of the various parts into 
which it was divided by the Greeks at the diffe- 
rent periods of their history, and then proceed to 
consider its divisions among the Romans, to which 
will be subjoined a short list of remarkable days. 

At the time of the Homeric poems, the natural 
day was divided into three parts (II. xxi. 111). 
The first, called t;cus, began with sunrise, and com- 
prehended the whole space of time during which 
light seemed to be increasing, i. e. till midday. (II. 
viii. 66, ix. 84, Od. ix. 56.) Some ancient gram- 
marians have supposed that in some instances 
Homer used the word i]<is for the whole day, but 
Nitzsch (Anmerkungen zur Odyssee, i. 125) has 
shown the incorrectness of this opinion. The 
second part was called /j.ea'ov ??/xap or midday, dur- 
ing which the sun was thought to stand still. 
(Hermias, ad Plat. Phaedr. p. 342.) The third 
part bore the name of 5ei'A7j or Sei'eAoy %p.ap (Od. 
xvii. 606 ; compare Buttmann's Leailog. ii. n. 95), 
which derived its name from the increased warmth 
of the atmosphere. The last part of the Sei'Ai) was 
sometimes designated by the words irorl ea'Trepau 
or fiovAvrds (Od. xvii. 191, Il.xvi.779). Besides 
these three great divisions no others seem to have 
been known at the time when the Homeric poems 
were composed. The chief information respecting 
the divisions of the day in the period after Homer, 
and more especially the divisions made by the 
Athenians, is to be derived from Pollux (Onom. i. 
68). The first and last of the divisions made 
at the time of Homer were afterwards subdivided 
into two parts. The earlier part of the morning 
was termed -wpoA or irpa> T7js rjfiepas : the later, 
nr\T)Sov<xr]s TTjs ayopas, or 7repl irA-(]8ov(rav ayopav 
(Herod, iv. 181 ; Xen. Memorab. i. 1. § 10, 
Hellen. i. 1. § 30 ; Dion Chrysost. Orut. Ixvii). 
The p.i<rov ii/j-ap of Homer was afterwards expres- 
sed by p.€(ri]fx§pta, p-taov ^ue'pas, or ixia-n ri/xepa, 
and comprehended, as before, the middle of the day, 
when the sun seemed neither to rise nor to decline. 
The two parts of the afternoon were called SeiAr) 
•npu'it) or irpui'ia, and deiA-q b^ii-n or oij/i'a (Herod, 
vii. 1 67, viii. 6 ; Thucyd. iii. 74, viii. 26 ; com- 
pare Libanius, Epist. 1084). This division con- 
tinued to be observed down to the latest period of 
Grecian history, though another more accurate 
division, and more adapted to the purposes of com- 
mon life, was introduced at an early period ; for 
Anaximander, or according to others, his disciple 
Anaximenes, is said to have made the Greeks ac- 
quainted with the use of the Babylonian chrono- 
meter or sun-dial (called irdAos or upoA&ywv, 



DIES. 

sometimes with the epithet <TKio8r)piK&v or t\\icl- 
pdvSpov) by means of which the natural day was 
divided into twelve equal spaces of time. (Herod, 
ii. 109 ; Diog. Lae'rt. ii. 1.3; Plin. //. X. ii. 6. 
78 ; Suidas, s. v. 'AvaZifiavtipos.) These spaces 
were, of course, longer or shorter according to the 
various seasons of the year. The name hours 
(wpoi), however, did not come into general use till 
a very late period, and the difference between 
natural and equinoctial hours was first observed by 
the Alexandrine astronomers. 

During the early ages of the history of Rome, 
when artificial means of dividing time were yet 
unknown, the natural phenomena of increasing 
liifht and darkness formed with the Romans, as 
with the Greeks, the standard of division, as we 
see from the vague expressions in Censorinus (De 
Die Nat. 24). Pliny states (//. X. vii. 60) that 
in the Twelve Tables only the rising and the 
Betting of the sun were mentioned as the two 
parts into which the day was then divided, but from 
Censorinus (/. c.) and Gellius (xvii. 2) we leam 
that midday (meridies) was also mentioned. Varro 
(De Liny. Lot. vi. 4, 5, ed. Miiller ; and Isidor. 
Oriij. v. 30 and 31) likewise distinguished three 
parts of the day, viz., mane, meridies, and suprema, 
scil. tempatat, after which no assembly could be 
held in the forum. The lex Plaetoria prescribed 
that a herald should proclaim the suprema in the 
coniitium, that the people might know that their 
meeting was to be adjourned. But the division of 
the day most generally observed by the Romans, 
was that into lempus antemeridianum and pomeri- 
dianum. the meridies itself being only considered 
as a point at which the one ended and the other 
commenced. liut as it was of importance that this 
moment should be known, an especial officer 
[ AicEXsf!. | was appointed, who proclaimed the 
time of midday, when from the curia he saw the 
sun standing between the rostra and the graeco- 
stasis. The division of the day into twelve equal 
spaces, which, here as in Greece, were shorter in 
winter than in summer, was adopted at the time 
when artificial means of measuring time were in- 
troduced among the Romans from Greece. This 
was about the year a c. 291, when L. Papirius 
Cursor, before the war with Pyrrhus, brought to 
Rome an instrument called solarium horulogium, 
or simply solarium, i Plata, ap. Cellium, iii. 3. 
S 5 ; Plin. //. A', vii. CO.) But as the solarium 
had been made for a different latitude, it showed 
the time at Rome very incorrectly. (Plin. /. c.) 
Scipio Nasica, therefore, erected in B. c. 1.59 a 
public clepsydra, which indicated the hours of the 
night as well as of the day. (Censorin. c. 23.) 
Before the erection of a clepsydra it was cus- 
tomary for one of the subordinate officers of the 
praetor to proclaim the third, sixth, and ninth 
hours ; which shows that the day was, like the 
night, divided into four parts, each consisting of 
three hours. Sec Disscn's treatise, l)c I'ariihus 
Noctis el Dili ex Dmsiambui Vvtirum, in his 
Kleine lAiteinische und Deutselie ScJiriflen, pp. I 30, 
150. Compare the article HOROLOOIOM. 

All the dnys of the year were, nccording to dif- 
ferent points of view, divided by the Homans into 
different classes. For the purpose of the admini- 
stration of justice, and holding assemblies of tin' 
people, all the days were divided into dies fasti 
and dies nefuti. 

DlM UflTI were the days on which the praetor 



DIES. 409 
was allowed to administer justice in the public 
courts ; they derived their name from fori (fari 
tria verba ; do, dico, addivo, Ovid, Fast. i. 45, &c. ; 
Varro, De Ling. Lat. vi. 29, 30. cd. Muller ; Jla- 
crob. Sat. i. 16). On some of the dies fasti comitia 
could be held, but not on all. (Cicero, pro Sext. 15, 
with the note of Manutius.) Dies might be fasti 
in three different ways: 1. dies fasti proprie ct toti 
or simply dies fasti, were days on which the prae- 
tor used to hold his courts, and could do so at all 
hours. They were marked in the Roman calendar 
by the letter F, and their number in the course of 
the year was 38 (Niebuhr, Hist, of Home, iii. 
p. 314) ; 2. dies proprie scd non toti fasti, or dies 
intercisi, days on which the praetor might hold his 
courts, but not at all hours, so that sometimes one 
half of such a day was fastus, while the other half 
was nefastus. Their number was 65 in the year, 
and they were marked in the calendar by the signs 
Fp = fastus pri mo, Xp = m fastus jirimo, En =en- 
doterciMMM= irdercisus, Q. Rex C. F—qucmdo Rex 
comitio fugit, or quundo Bex comitiavit fas, 
Q. St. D( — quando stercus defertur ; 3. dies 
non proprie sed casu fasti, or days which were 
not fasti properly speaking, but became fasti ac- 
cidentally ; a dies comitialis, for instance, might 
become fastus, if either during its whole course, or 
during a part of it, no comitia were held, so that it 
accordingly became either a dies fastus totus, or 
fastus ex parte. (Macrob. Sat. i. 16; Varro, De 
Ling. IaiL I. e.) 

Dies nefasti were days on which neither 
courts of justice nor comitia were allowed to be 
held, and which were dedicated to other purposes. 
(Varro, /. c.) According to the ancient legends 
they were said to have been fixed by Numa Poni- 
pilius. (Liv.i 19.) From the remarks made above 
it will be understood that one part of a day might 
be fastus while another was nefastus. (Ovid. Fait. 
i. 50.) The nundinae, which had originally been 
dies fasti for the plebeians, had been made nefasti 
at the time when the twelvi months-year was in- 
troduced ; but in n. c. 2110 they were again made 
fasti by a law of Q. Ilortensius. (Macrob. Sat. i. 
16.) The term dies nefasti, which originally had 
nothing to do with religion, but simply indicated 
days on which no courts were to be held, was in 
subsequent times applied to religious days in ge- 
neral, as dies nefasti were mostly dedicated to the 
worship of the gods. (Gellius, iv, 9, v. 17.) 

In a religious point of view all days of the year 
were cither dies festi, or dies prnfisti, or dies inter- 
cisi. According to the definition given by Mncro- 
bius, dies festi were dedicated to the gods, and 
spent with sacrifices, repasts, games, and other 
solemnities ; dies profesti belonged to men for the 
administration of their private and public alfairs. 
They were either dies fasti, or comitiatet, or com- 
perendini, or stati, or jxroc/iaJes. Dies intercisi 
were common between gods and men, that is, 
partly devoted to the worship of the gods, partly 
to the transaction of ordinary business. 

We have lastly to add a few remarks on some 
of the subdivisions of the dies profesti, which are 
likewise defined by Macrobius. Dies cumitiajcs 
were days on which comitia were held ; their num- 
ber was 1 11 1 in n year. Diet eomjterendini were 
days to which any action was allowed to be trans- 
ferred (ipiihus radimunium lici t die. re, Gaius, iv. 
8 15). Dies stati were days set n|uirt for causes 
between Roman citizens and foreigners (qui judicii 



410 



DIMACHERI. 



DIONYSIA. 



causa cum •peregrinis instituuntur). Dies procliales 
were all days on which religion did not forbid to 
commence a war ; a list of days and festivals on 
which it was contrary to religion to commence a 
war is given by Macrobius. See also Festus, s. v. 
Compare Manutius, De Veterum Dierum Ratione, 
and the article Calendarium. [L. S.] 

DIFFAREA'TIO. [Divortium.] 

DIGEST A. [Pandectab.] 

DIGITA'LIA. [Manica.] 

DI'GITUS. [Pes.] 

DIIPOLEIA (8inr<fa.eia), also called Anuria 
or 'Anr6\ia, a very ancient festival celebrated every 
year on the acropolis of Athens in honour of Zeus, 
surnamed IloAieus. (Paus. i. 14. § 4 ; comp. Anti- 
phon, 120. 10.) Suidas and the Scholiast on 
Aristophanes (Pax, 410) are mistaken in believing 
that the Diipolia were the same festival as the 
Diasia. It was held on the 14th of Scirrophorion. 
The manner in which the sacrifice of an ox was 
offered on this occasion, and the origin of the rite, 
are described by Porphyrius (De Abstinent, ii. 
§ 29), with whose account may be compared the 
fragmentary descriptions of Pausanias (i. 28. § 11) 
and Aelian ( V. H. viii. 3). The Athenians placed 
barley mixed with wheat upon the altar of Zeus 
and left it unguarded ; the ox destined to be sacri- 
ficed was then allowed to go and take of the seeds. 
One of the priests, who bore the name of fiov<p6vos 
(whence the festival was sometimes called /8ou- 
<p6via), at seeing the ox eating, snatched the axe, 
killed the ox, and ran away. The others, as if 
not knowing who had killed the animal, made in- 
quiries, and at last also summoned the axe, which 
was in the end declared guilty of having committed 
the murder. This custom is said to have arisen 
from the following circumstance : — In the reign 
of Erechtheus, at the celebration of the Dionysia, 
or, according to the Scholiast on Aristophanes (Nub. 
972), at the diipolia, an ox ate the cakes offered 
to the god, and one Baulon or Thaulon, or, 
according to others, the fiovcpSvos, killed the 
ox with an axe and fled from his country. 
The murderer having thus escaped, the axe was 
declared guilty, and the rite observed at the 
diipolia was performed in commemoration of that 
event. (Compare Suidas and Hesych. s. v. /3ou- 
<p6via.) This legend of the origin of the diipolia 
manifestly leads us back to a time when it had not 
yet become customary to offer animal sacrifices to 
the gods, but merely the fruits of the earth. 
Porphyrius also informs us that three Athenian 
families had their especial (probably hereditary) 
functions to perform at this festival. Members of 
the one drove the ox to the altar, and were thence 
called KevrpidSat : another family, descended from 
Baulon and called the fjovrviroi, knocked the 
victim down ; and a third, designated by the name 
of SaiTpoi, killed it. (Compare Creuzer's Muthol. 
und Symbol, i. p. 1 72, iv. p. 122, &c.) [L. S.] 

DIMACHAE (Sijuaxcti), Macedonian horse- 
soldiers, who also fought on foot when occasion 
required. Their armour was heavier than that of 
the ordinary horse-soldiers, and lighter than that 
of the regular heavy-armed foot. A servant ac- 
companied each soldier in order to take care of his 
horse when he alighted to fight on foot. This 
species of troops is said to have been first intro- 
duced by Alexander the Great. (Pollux, i. 132 ; 
Curtius, v. 13.) 

DIMACHERI. [Gladiatores.] 



DIMENSUM. [Servus.] 
DIMINU'TIO CA'PITIS. [Caput.] 
DIO'BOLOS. [Drachma.] 
DIOCLEIA (Si6kK(io.), a festival celebrated by 
the Megarians in honour of an ancient Athenian 
hero, Diocles, around whose grave young men as- 
sembled on the occasion, and amused themselves 
with gymnastic and other contests. We read that 
he who gave the sweetest kiss obtained the prize, 
consisting of a garland of flowers. (Theocrit. 
Idyll, xii. 27, &c.) The Scholiast on Theocritus 
(I. c.) relates the origin of this festival as fol- 
lows : — Diocles, an Athenian exile, fled to Me- 
gara, where he found a youth with whom he fell 
in love. In some battle, while protecting the 
object of his love with his shield, he was slain. 
The Megarians honoured the gallant lover with a 
tomb, raised him to the rank of a hero, and in 
commemoration of his faithful attachment, insti- 
tuted the festival of the Diocleia. See Bb'ckh, ad 
Find. Olymp. vii. 157. p. 176, and the Scholiast, 
ad Aristoph. Acham. 730, where a Megarian 
swears by Diocles, from which we may infer that 
he was held in great honour by the Megarians. 
(Compare Welcker's Sappho, p. 39, and ad 
Tlieogn. p. 79.) [L. S.] 

DIONY'SIA (Atovvo-ia), festivals celebrated 
in various parts of Greece in honour of Dionysus. 
We have to consider under this head several 
festivals of the same deity, although some of them 
bore different names ; for here, as in other cases, 
the name of the festival was sometimes derived 
from that of the god, sometimes from the place 
where it was celebrated, and sometimes from some 
particular circumstance connected with its celebra- 
tion. We shall, however, direct our attention 
chiefly to the Attic festivals of Dionysus, as, on 
account of their intimate connection with the 
origin and the development of dramatic literature, 
they are of greater importance to us than any other 
ancient festival. 

The general character of the festivals of Dio- 
nysus was extravagant merriment and enthusiastic 
joy, which manifested themselves in various ways. 
The import of some of the apparently unmeaning 
and absurd practices in which the Greeks indulged 
during the celebration of the Dionysia, has been 
well explained by MUller (Hist, of the Lit. of Anc. 
Greece, i. p. 289) : — " The intense desire felt by 
every worshipper of Dionysus to fight, to conquer, 
to suffer in common with him, made them regard 
the subordinate beings (satyrs, panes, and nymphs, 
by whom the god himself was surrounded, and 
through whom life seemed to pass from him into 
vegetation, and branch off into a variety of beauti- 
ful or grotesque forms), who were ever present to 
the fancy of the Greeks, as a convenient step by 
which they could approach more nearly to the 
presence of their divinity. The customs so preva- 
lent at the festivals of Dionysus, of taking the dis- 
guise of satyrs, doubtless originated in this feeling, 
and not in the mere desire of concealing excesses 
under the disguise of a mask, otherwise so serious 
and pathetic a spectacle as tragedy could never 
have originated in the choruses of these satyrs. 
The desire of escaping from self into something 
new and strange, of living in an imaginary world, 
breaks forth in a thousand instances in these 
festivals of Dionysus. It is seen in the colouring 
the body with plaster, soot, vermilion, and dif- 
ferent sorts of green and red juices of plants, wear- 



DIONYSJA. 



DIONYSIA. 



41 1 



ing goat3 and deer skins round the loin3, covering 
the face with large leaves of different plants ; and, 
lastly, in the wearing masks of wood, bark, and 
other materials, and of a complete costume belong- 
ing to the character.' 1 Drunkenness, and the 
boisterous music of flutes, cymbals, and drums, 
were likewise common to all Dionysiac festivals. 
In the processions called Siatroi (from Sciaftu), 
with which they were celebrated, women also took 
part in the disguise of Bacchae, Lenae, Thyades, 
Naiades, Nymphs, &c, adorned with garlands of 
ivy, and bearing the thyrsus in their hands (hence 
the god was sometimes called &ri\vfiop<pos), so 
that the whole train represented a population in- 
spired, and actuated by the powerful presence of 
the god. The choruses sung on the occasion were 
called dithyrambs, and were hymns addressed to 
the god in the freest metres and with the boldest 
imagery, in which his exploits and achievements 
were extolled. [Chorus.] The phallus, the 
symbol of the fertility nf nature, was also carried 
in these processions (Plut I)e Cujiid. Ltirit. p. 
5"27, n ; Aristoph. Achurn. 229, with the Schol. ; 
Herod, ii. 49), and men disguised as women, 
called i8v(pa\Aoi (Hesych. s. r. ; Athen. xiv. p. 
622), followed the phallus. A woman called 
\iKvotpipos carried the KUyov, a long basket con- 
taining the image of the god. Maidens of noble 
birth ( (ccuajcpopoi) used to cany figs in baskets, 
which were sometimes of gold, and to wear gar- 
lands of figs round their necks. (Aristoph. Acham. 
I. c. ; Lysistr. 647 ; Natal. Com. v. 13.) The in- 
dulgence in drinking was considered by the Greeks 
as a duty of eratitude which they owed to the 
giver of the vine ; hence in some places it was 
thought a crime to remain sober at the Dionysia. 
(Lucian, l)e. Column. 1G.) 

The Attic festivals of Dionysus were f>ur in 
number: the Atovvcta kot' aypoiis, or the rural 
Dionysia, the A^^aia, the 'Avd«TT-t]pta, and the 
Aiofuirio Iv &<TT(i. After Kuhnken (Auctur. ad 
Hetyck. vol. i. p. 199) and Spalding (AbhundL 
drr'/lrr/. Acad, von 1804— Hill. p. 70, Acc.) had 
declared the Anthesteria and the Lenaea to be only 
two names for one and the same festival, it was 
generally taken for granted that there could be no 
doubt as to the real identity of the two, until in 
11(17, A. liiickh read a paper to the Berlin 
Academy ( Yum Unlrrsrhiidc dur Attisc/tcn Lenaeen, 
Aiillu-.-lrrii n utid Hindi, hinut/sii n. published in 
1HI9, in the Abhandl. d. lierl. Acwl.), in which 
he established by the strongest arguments the 
difference between the Lenaea and Anthesteria. 
An abridgment of Biickh's essay, containing all 
that is necessary to form a clear idea of the whole 
question, is given in the Philohxrical Museum, 
vol. ii. p. 273, &c. A writer in the Clanieal Mu- 
ifum, Th. Dyer (vol. iv. p. "0, dec.), has since 
endeavoured to support Kuhiikeii's view with some 
new arguments. The season of the year sacred 
to Dionystll was during the months nearest to the 
shortest day (Plot /><■ Ei "p. DelpJt. 9), and the 
Attic festivals were accordingly celebrated in the 
Poseideon, (inmelion (the Lenaeon of the Ionians), 
Anthesterion, and Klaphebolion. 

The Aiocuiria xar' i-ypout, or f-ixpi, the rural or 
lesser Dionysia, a vintage festival, were celebrated 
in the various demes of Attica in the month of 
Piweideon, and were under the superintendence of 
the Several local magistral s, the denian hs. This 
was doubtless the most ancient of all, and was 



held with the highest degree of merriment and 
freedom ; even slaves enjoyed full liberty during 
its celebration, and their boisterous shouts on the 
occasion were almost intolerable. It is here that 
we have to seek for the origin of comedy, in the 
jests and the scurrilous abuse which the peasants 
vented upon the bystanders from a waggon in 
which they rode about (kw/ws 4<p' apa^uv). 
Aristophanes ( Vesp. 620 and 1479) calls the comic 
poets rpwytpSoi, lee-singers ; and comedy, rpvyu-Sia, 
lee-song {Acharn. 464, 834 ; Athen. ii. p. 40) ; 
from the custom of smearing the face with lees of 
wine, in which the merry country people indulged 
at the vintage. The Ascolia and other amuse- 
ments, which were afterwards introduced into the 
city, seem also originally to have been peculiar to 
the rural Dionysia. The Dionysia in the Peiraceus, 
as well as those of the other demes of Attica, be- 
longed to the lesser Dionysia, as is acknowledged 
both by Spalding and Bbckh. Those in the 
Peiraeeus were celebrated with as much splendour 
as those in the city ; for we read of a procession, of 
the performance of comedies and tragedies, which 
at first may have been new as well as old pieces ; 
but when the drama had attained a regular form, 
only old pieces were represented at the rural 
Dionysia. Their liberal and democratical character 
seems to have been the cause of the opposition 
which these festivals met with, when, in the time 
of Peisistratus, Thespis attempted to introduce the 
rural amusements of the Dionvsia into the city of 
Athens. (Plut Sol. c 29, 30'; Diog. Lae'rt. Sol. 
c. 11.) That in other places, also, the introduc- 
tion of the worship of Dionysus met with great 
opposition, must be inferred from the legends of 
Orchomenos, Thebes, Argos, Ephesus, and other 
places. Something similar seems to be implied in 
the account of the restoration of tragic choruses to 
Dionysus at Sicyon. (Herod, v. 67.) 

The second festival, the Lenaea (from Kriv6i, 
the wine-press, from which also the month of 
Gamclion was called by the Ionians Lenaeon), was 
celebrated in the month of Gamclion ; the place of 
its celebration was the ancient temple of Dionysus 
Limnaeus (from \ipw], as the district was ori- 
ginally a swamp, whence the god was also called 
AiiiccryeWjs). This temple, the Lenaeon, was 
situate- south of the theatre of Dionysus, and close 
by it. (SchoL ad Aristoph. Jiaii. 480.) The 
Lenaea were celebrated with a procession and 
scenic contests in tragedy and comedy. (Demosth. 
c. Mid. p. 517.) The procession probably went 
to the Lenaeon, where a goat (rpayos, hence the 
chorus and tragedy which arose out of it were 
called rpayixbs x°P^ 5 i an< i fpaytpSia) was sacri- 
ficed, and a chorus standing around the altar sang 
the dithymmbic ode to the god. As the dithyramb 
was the element out of which, by the introduction 
of an actor, tragedy arose [Choris], it is natural 
that, in the scenic contests of this festival, tniyedy 
hiiuuld have preceded comedy, n» we see from the 
important documents in Demosthenes. (/. r.) The 
poet who wished his play to be brought out at the 
Lenaea applied to the second archon, who had the 
superintendence of this festival as well as the 
Anthesteria, and who gave him the chorus if the 
piece was thought to deserve it 

Tin- third Dionysiac festival, the Atd/ir.drria, 
was celebrated on the 12th of the month of 
Anthesterion (Thucyd. ii. 1.5) ; that is to say, the 
snond day fi ll on the I2lh, for it lasted three 



412 



DIONYSIA. 



DIONYSIA. 



daj-s, and the first fell on the 11th (Suidas, s. v. 
Xoe's), and the third on the 13th (Philoch. ap. 
Suidcim, s. v. Xurpoi). The second archon super- 
intended the celebration of the Anthesteria, and 
distributed the prizes among the victors in the 
various games which were carried on during the 
season. (Aristoph. Acliarn. 1143, with the Schol.) 
The first day was called iriQoiyia : the second, 
X<5^r : and the third, x" T P 01 - (Harpocrat. and 
Suidas, s. v. ; Schol. ad Aristoph. Ran. 219 ; 
Athen. x. p. 437, vii. p. 276, and iv. 129.) The 
first day derived its name from the opening of the 
casks to taste the wine of the preceding year ; the 
second from x ^) the cup, and seems to have been 
the day devoted to drinking. The ascolia seem to 
have been played on this day. [Ascolia.] We 
read in Suidas (s. v. 'Acr/cik) of another similar 
amusement peculiar to this day. The drinker 
placed himself upon a bag filled with air, trumpets 
were sounded, and he who emptied his cup 
quickest, or drank most, received as his prize a 
leather bag filled with wine, and a garland, or, ac- 
cording to Aelian (V. H. ii. 41), a golden crown. 
(Aristoph. Acliarn. 943, with the Schol.) The 
K&fios erp' a/xa^av also took place on this day, 
and the jests and abuse which persons poured 
forth on this occasion were doubtless an imitation 
of the amusements customary at the rural Dionysia. 
Athenaeus (x. p. 437) says that it was customary 
on the day of the Choes to send to the sophists 
their salaries and presents, that they too might 
enjoy themselves with their friends. The third 
day had its name from xurpos, a pot, as on this 
day persons offered pots with flowers, seeds, or 
cooked vegetables, as a sacrifice to Dionysus and 
Hermes Chthonius. (Schol. ad Aristoph. Acliarn. 
1009 ; Suidas, s. v. Xvrpoi.) With this sacrifice 
were connected the aywves xvrpivoi mentioned 
by the Scholiast on Aristophanes (Ran. 220), in 
which the second archon distributed the prizes. 
Slaves were permitted, to take part in the general 
rejoicings of the Anthesteria ; but at the close of 
the day, they were sent home with the words 
&vpa(z, Kapes, owe er 'AvBeo-rripia. (Hesych. s.v. 
@vpa£e ; Proclus, ad Hesiod. Op. et Dies.) 

It is uncertain whether dramas were performed 
at the Anthesteria ; but Bdckh supposes that co- 
medies were represented, and that tragedies which 
were to be brought out at the great Dionysia 
were perhaps rehearsed at the Anthesteria. The 
mysteries connected with the celebration of the 
Anthesteria were held at, night, in the ancient 
temple eV Aiiivais, which was opened only once 
a year, on the 12th of Anthesterion. They were 
likewise under the superintendence of the second 
archon and a certain number of iiri[itAr)Tai. He 
appointed fourteen priestesses, called yepaipai or 
■yepapai, the venerable, who conducted the cere- 
monies with the assistance of one other priestess. 
(Pollux, viii. 9.) The wife of the second archon 
(/3a<n'Ai<r<ra) offered a mysterious sacrifice for the 
welfare of the city ; she was betrothed to the god 
in a secret solemnity, and also tendered the oath 
to the geraerae, which, according to Demosthenes 
(c. Neaer. p. 1371. 22), ran thus: — "I am pure 
and unspotted by any thing that pollutes, and have 
never had intercourse with man. I will solemnize 
the Theognia and Iobakcheia at their proper time, 
according to the laws of my ancestors." The ad- 
mission to the mysteries, from which men were 
excluded, took place after especial preparations, 



which seem to have consisted in purifications by 
air, water, or fire. (Serv. ad Aen. vi. 740 ; Paus. 
ix. 20. § 4 ; Liv. xxxix. 13.) The initiated per- 
sons wore skins of fawns, and sometimes those of 
panthers. Instead of ivy, which was worn in the 
public part of the Dionysia, the mystae wore 
myrtle. (Schol. ad Aristoph. Ran. 330.) The 
sacrifice offered to the god in these mysteries con- 
sisted of a sow, the usual sacrifice of Demeter, and 
in some places of a cow with calf. It is more 
than probable that the history of Dionysus was 
symbolically represented in these mysteries, as the 
history of Demeter was acted in those of Eleusis, 
which were in some respects connected with the 
former. (Schol. ad Aristoph. Ran. 343.) 

The fourth Attic festival of Dionysus, Aiovvcria 
iv &arei, cuttiko. or fj.eya.Aa, was celebrated about 
the 12th of the month of Elaphebolion (Aesch. 
c. Ctesiph. p. 63) ; but we do not know whether 
they lasted more than one day or not. The order 
in which the solemnities took place was, according 
to the document in Demosthenes, as follows : — ■ 
The great public procession, the chorus of boys, 
the Kcifios [Chorus], comedy, and, lastly, tragedy. 
We possess in Athenaeus (v. p. 197, 199) the de- 
scription of a great Bacchic procession, held at 
Alexandria in the reign of Ptolemaeus Philadel- 
phus, from which we may form some idea of the 
great Attic procession. It seems to have been 
customary to represent the god by a man in this 
procession. Plutarch (Nic. 3), at least, relates 
that on one occasion a beautiful slave of Nicias 
represented Dionysus (compare Athen. v. p. 200). 
A ridiculous imitation of a Bacchic procession is 
described in Aristophanes (Ecclcs. 759, &c). Of 
the dramas which were performed at the great 
Dionysia, the tragedies at least were generally 
new pieces ; repetitions do not, however, seem to 
have been excluded from any Dionysiac festival. 
The first archon had the superintendence, and 
gave the chorus to the dramatic poet who wished 
to bring out his piece at this festival. The prize 
awarded to the dramatist for the best play con- 
sisted of a crown, and his name was proclaimed 
in the theatre of Dionysus. (Demosth. De Coron. 
p. 267.) Strangers were prohibited from taking 
part in the choruses of boys. During this and 
some other of the great Attic festivals, prisoners 
were set free, and nobody was allowed to seize 
the goods of a debtor ; but a war was not inter- 
rupted by its celebration. (Demosth. c. Boeot. 
de Norn. p. 999.) As the great Dionysia were 
celebrated at the beginning of spring, when the 
navigation was re-opened, Athens was not only 
visited by numbers of country people, but also by 
strangers from other parts of Greece, and the 
various amusements and exhibitions on this oc- 
casion were not unlike those of a modern fair. 
(Isocr. Areop. p. 203, ed. Bekker ; Xen. Hiero, 
i. 11 ; compare Becker, Charikles, ii. p. 237, &c.) 
Respecting the scrupulous regularity, and the 
enormous sums spent by the Athenians on the 
celebration of these and other festivals, see De- 
mosthenes (Philip, i. p. SO). As many circum- 
stances connected with the celebration of the 
Dionysia cannot be made clear without entering 
into minute details, we must refer the reader to 
Bbckh's essay. 

The worship of Dionysus was almost universal 
among the Greeks in Asia as well as in Europe, 
and the character of his festivals was the same 



DIOXYSIA. 



DIONYSIA. 



413 



everywhere, only modified by the national differ- 
ences of the various tribe3 of the Greeks. It is 
expressly stated that the Spartans did not indulge 
so much in drinking during the celebration of the 
Dionysia as other Greeks. (Athen. iv. p. 156 ; 
Plato, De Leg. i. p. 637.) The worship of Dio- 
nvsus was in general, with the exception of Co- 
rinth, Sicyon, and the Doric colonies in southern 
Italy, less popular among the D.iric states than in 
other parts of Greece. (Miiller, Dorians, ii. 10. 
§ 6 ; Bottiger, Ideen z. ArchaeoL dcr Malerei, 
p. 289, &.c) It was most enthusiastic in Boeotia 
in the orgies on Mount Cithaeron, as is well 
known from allusions and descriptions in several 
Roman poets. That the extravagant merriment, 
and the unrestrained conduct with which all fes- 
tivals of this class were celebrated, did in the 
course of time lead to the grossest excesses, cannot 
be denied ; but we must at the same time acknow- 
ledge, that such excesses did not occur until a 
comparatively late period. At a very early period 
of Grecian history, Bacchic festivals were so- 
lemnized with human sacrifices, and traces of this 
custom are discernible even until very late. In 
Chios this custom was superseded by another, 
according to which the Bacchae were obliged to 
eat the raw pieces of flesh of the victim which 
were distributed among them. This act was called 
vwiipayia, and Dionysus derived from it the name 
of uifidStos and i/i^or^s. There was a report that 
even Themistocles, after the battle of Salamis, sacri- 
ficed three noble Persians to this divinity. (Plut. 
Themist. 13, Pelop. 21 ; compare ThirlwalL, Hist, 
of Greece, ii. p. 310.) But Plutarch's account of 
this very instance, if true, shows that at this time 
such savage rites were looked upon with horror. 

The worship of Dionysus, whom the Romans 
called Bacchus, or rather the Bacchic mysteries 
and orgies (Bacchanalia), are said to have been 
introduced from southern Italy into Etruria, and 
from thence to Rome (Liv. xxxix. 8), where for a 
time they were carried on in secret, and, during 
the latter period of their existence, at night. The 
initiated, according to Livy, did not only indulge 
in feasting and drinking at their meetings, but 
when their minds were heated with wine, they 
indulged in the coarsest excesses and the most 
unnatural vices. Young girls and youths were 
seduced, and all modesty was set aside ; every 
kind of vice found here its full satisfaction. But 
the crimes did not remain confined to these meet- 
ings: their consequences were manifest in all direc- 
tions ; for false witnesses, forgeries, false wills, 
and denunciations proceeded from this focus of 
crime. Poison and assassination were carried on 
under the cover of the society ; and the voices of 
those who had been fraudulently drawn into these 
orgies, and would cry out against the shameless 
practices, were drowned by the shouts of the Bac- 
chantes, and the deafening sounds of drums and 
cymbals. 

The time of initiation lasted ten days, during 
which a person was obliged to abstain from all 
sexual intercourse ; on the tenth he took a solemn 
meal, underwent a purification by water, and was 
led into the sanctuary (liacchanal). At first only 
women were initiated, and the orgies were cele- 
brated every year during three days. Matrons 
alternately performed the functions of priests. But 
I'acula Annia, a Campanian matron, pretending 
to act under the direct influence of Bacchus, 



changed the whole method of celebration : she 
admitted men to the initiation, and transferred 
the solemnisation which had hitherto taken place 
during the daytime to the night Instead of three 
days in the year, she ordered that the Bacchanalia 
should be held during five days in even - month. 
It was from the time that these orgies were car- 
ried on after this new plan that, according to the 
statement of an eye-witness (Liv. xxxix. 13), 
licentiousness and crimes of every description were 
committed. Men as well as women indulged in 
the most unnatural appetites, and those who at- 
tempted to stop or to oppose such odious pro- 
ceedings fell as victims. It was, as Livy says, a 
principle of the society to hold every ordinance 
of god and nature in contempt. Men, as if seized 
by fits of madness, and under great convulsions, 
gave oracles ; and the matrons, dressed as Bac- 
chae, with dishevelled hair and burning torches in 
their hands, ran down to the Tiber and plunged 
their torches into the water ; the torches, how- 
ever, containing sulphur and chalk, were not ex- 
tinguished. Men who refused to take part in the 
crimes of these orgies, were frequently thrown into 
dark caverns and despatched, while the perpe- 
trators declared that they had been carried off by 
the gods. Among the number of the members of 
these mysteries, were, at the time when they were 
suppressed, p rsons of all classes ; and during the 
last two years, nobody had been initiated who 
was above the age of twenty years, as this age 
was thought most fit for seduction and sensual 
pleasure. 

In the year B. c. 186, the consuls Spurius Pos- 
tumius Albums and Q. Marcius Philippus were 
informed of the existence of these meetings ; and 
after having ascertained the facts mentioned above, 
they made a report to the senate. (Liv. xxxix. 
14.) The senate, alarmed by this singular dis- 
covery, and although dreading lest members of 
their own families might be involved, invested the 
consuls with extraordinary power, to inquire into 
the nature of these nocturnal meetings, to exert all 
their energy to secure the priests and priestesses, 
to issue a proclamation throughout Rome and 
Italy, forbidding any one to be initiated in the 
Bacchic mysteries, or to meet for the purpose of 
celebrating them ; but above all things, to submit 
those individuals who had already been secured 
to a rigid trial. The consuls, after having given 
to the subordinate magistrates all the necessary 
instructions, held an assembly of the people, in 
which the facts just discovered were explained to 
the public, in order that the objects of the pro- 
ceedings which were to take place might be known 
to every citizen. A reward was at the- same time 
offered to any one who might be able to give 
further information, or to name any one that be- 
longed to the conspiracy, as it was called. Mea- 
sures were also taken to prevent any one from 
leaving Italy. During the night following, a great 
number of persons were apprehended ; many of 
them put nn end to their own lives. The whole 
number of the initiated was r.\\<\ to be 70N0. The 
trial of idl those who wen; apprehended lasted 
thirty days. Rome was almost deserted, for the 
innocent as well as the guilty had reason to fear. 
The punishment inflicted on those who were con- 
victed, varied ace.,rdillg to the degree of their 
guilt ; some were thrown into prison, others were 
put to death. The women were surrendered to 



414 



DIONYSIA. 



DIRIBITORES. 



their parents or husbands, that they might receive 
their punishment in private. The consuls then 
were ordered by the senate to destroy all Baccha- 
nalia throughout Rome and Italy, with the excep- 
tion of such altars or statues of the god as had 
existed there from ancient times. In order to pre- 
vent a restoration of the Bacchic orgies, the cele- 
brated decree of the senate (Senatus auctoritas de 
Bacchanalibus) was issued, commanding that no 
Bacchanalia should be held either in Rome or 
Italy ; that if any one should think such cere- 
monies necessary, or if he could not neglect them 
without scruples or making atonements, he should 
apply to the praetor urbanus, who might then 
consult the senate. If the permission should be 
granted to him in an assembly of the senate, con- 
sisting of not less than one hundred members, he 
might solemnise the Bacchic sacra ; but no more 
than five persons were to be present at the cele- 
bration ; there should be no common fund, and no 
master of the sacra or priest. (Liv. xxxix. 18.) 
This decree is also mentioned by Cicero (De 
Legg. ii. 15). A brazen table containing this im- 
portant document was discovered near Bari, in 
southern Italy, in the year 1640, and is at present 
in the imperial Museum of Vienna. A copy of it 
is given in Drakenborch's edition of Livy (vol. 
vii. p. 197, &c). 

W e have in our account of the Roman Baccha- 
nalia closely followed the description given by 
Livy, which may, indeed, be somewhat exag- 
gerated ; but considering the difference of character 
between the Greeks and Romans, it cannot be 
surprising that a festival like the Dionysia, when 
once introduced among the Romans, should have 
immediately degenerated into the grossest and 
coarsest excesses. Similar consequences were seen 
immediately after the time when the Romans were 
made acquainted with the elegance and the luxuries 
of Greek life ; for, like barbarians, they knew not 
where to stop, and became brutal in their enjoy- 
ments. But whether the account of Livy be ex- 
aggerated or not, this much is certain, that the 
Romans, ever since the time of the suppression of 
the Bacchanalia, considered these orgies as in the 
highest degree immoral and licentious, as we see 
from the manner in which they applied the words 
derived from Bacchus, e. g. bacchor, bacchans, bac- 
chatio, bacchicus, and others. But the most sur- 
prising circumstance in the account of Livy is, that 
the Bacchanalia should have been celebrated for 
several years in the boisterous manner described 
by him, and by thousands of persons, without any 
of the magistrates appearing to have been aware 
of it. 

While the Bacchanalia were thus suppressed, 
another more simple and innocent festival of Bac- 
chus, the Liberalia (from Liber, or Liber Pater, a 
name of Bacchus), continued to be celebrated at 
Rome every year on the 16th of March. (Ovid. 
Fast. iii.. 713.) A description of the ceremonies 
customary at this festival is given by Ovid (I. e. ), 
with which may be compared Varro (De Ling. Lat. 
v. 55, ed. Bipont). Priests and aged priestesses, 
adorned with garlands of ivy, carried through the 
city wine, honey, cakes, and sweet-meats, toge- 
ther with an altar with a handle (ansata am), in 
the middle of which there was a small fire-pan 
(foculus), in which from time to time sacrifices 
were burnt. On this day Roman youths who had 
attained their sixteenth year received the toga 



virilis. (Cic. ad Att. vi. 1.) That the Liberalia 
were celebrated with various amusements and great 
merriment, might be inferred from the general 
character of Dionysiac festivals ; but we may also 
see it from the name Ludi Liberates, which is 
sometimes used instead of Liberalia ; and Naevius 
(ap. Fest.) expressly says that persons expressed 
themselves very freely at the Liberalia. St. 
Augustine (De Civ. Dei, vii. 21) even speaks of 
a high degree of licentiousness carried on at this 
festival. [L. S.] 

DIOSCU'RIA (SioaKovpia), festivals cele- 
brated in various parts of Greece in honour of the 
dioscurL The Spartan dioscuria mentioned by 
Pausanias (iv. 27. § 1 ; compare with iii. 16. § 3) 
and Spanheim (ad Callim. Hymn, in Pall. 24), 
were celebrated with sacrifices, rejoicings, and 
drinking. At Cyrene the dioscuri were likewise 
honoured with a great festival. (Schol. ad Pind. 
Pyth. v. 629.) The Athenian festival of the dios- 
curi has been described under Anaceia. Their 
worship was very generally adopted in Greece, 
especially in the Doric and Achaean states, as we 
conclude from the great number of temples dedi- 
cated to them ; but scarcely anything is known 
respecting the manner in which their festivals 
were celebrated. [L. S.] 

DIO'TA. [Amphora.] 

DIPHTHERA (SifBepa), a kind of cloak 
made of the skins of animals and worn by herds- 
men and country people in general. It is fre- 
quently mentioned by Greek writers. (Aristoph. 
Nub. 72, and Schol. Vesp. 444 ; Plato, Grit, p. 53 ; 
Lucian, Tim. c. 12.) Pollux (vii. 70) says that it 
had a covering for the head (iirttcpdvov), in which 
respect it would correspond to the Roman cucul- 
lus. [CucULLUS.] (Becker, Charikles, vol. ii. p. 
359.) 

DIPHROS (5%>os). [Currus ; Thronus.] 

DIPLAX (8tV\a|). [Pallium.] 

DIPLOIS (SiTrAo/j). [Pallium.] 

DIPLO'MA, a writ or public document, which 
conferred upon a person any right or privilege. 
During the republic, it was granted by the con- 
suls and senate ; and under the empire by the 
emperor and the magistrates whom he authorised 
to do so. (Cic. ad Fam. vi. 12, ad Att. x. 17, 
c. Pis. 37 ; Sen. Den. vii. 10 ; Suet. Cat 38, Ner. 
12, Oth. 7 ; Dig. 48. tit. 10. s.27.) The diploma 
was sealed by the emperor (Suet. Aug. 50) ; it con- 
sisted of two leaves, whence it derived its name. 
These writs were especially given to public couriers, 
or to those who wished to procure the use of the 
public horses or carriages. (Plin. Ep. x. 14, 121 ; 
compare x. 54, 55.) The tabellarii of the em- 
peror would naturally always have a diploma ; 
whence we read in an inscription (Orelli, No. 
2917) of a diplomarius tabellarizis. 

DI'PTYCHA. [Tabulae.] 

DIRECTA ACTIO. [Actio.] 

DIRIBITO'RES, are said by most modern 
writers to have been the persons who gave to the 
citizens the tabella with which they voted in the 
comitia ; but Wunder has most distinctly proved, 
in the preface to his Codex Erfutensis (pp. exxvi. — ■ 
clviii.), that it was the office of the diribitores to 
divide the votes when taken out of the cistae, so as 
to determine which had the majority. He remarks 
that the etymology of diribere would lead us to 
assign to it the meaning of " separation " or 
" division," as it is compounded of dis and habere, 



DISCUS. 



DIVINATIO. 



415 



in the same manner as dirimere is of dis and emcre; 
the i disappears as in praebere and debere, which 
come respectively from prae and habere, and dc 
and habere. In several passages the word cannot 
have any other signification than that given by 
Wunder. (Cic. Pro Plancio, 20, ad Qa. Frat'r. 
iii. 4. § 1 ; Varro, Dc Re Rust. iii. 2. § 1, iiL 5. 
§18.) 

When Cicero says (in Pison. 15), " vos roga- 
tores, vos diribitores, vos custodes tabellarum," we 
may presume that he mentions these officers in the 
order in which they discharged their duties in the 
coinitia. It was the office of the roijatores to col- 
lect the tabellae which each century gave, as they 
used, before the ballot was introduced, to ask 
(rogare) each century for its votes, and report 
them to the magistrate who presided over the 
comitia. The diribitores, as has been already re- 
marked, divided the votes when taken out of the 
cistae, and handed them over to the custodes, who 
checked them off by points marked on a tablet. 
[Compare Cista ; Situla.] 

DISCUS (Juntos), a circular plate of stone 
(AiOiVot Sutkoi, Pind. lath. i. 34), or metal (splen- 
dida pondera disci. Mart. xiv. 164), made for 
throwing to a distance as an exercise of strength 
and dexterity. This was, indeed, one of the prin- 
cipal gymnastic exercises of the ancients, being 
included in the Pcntutldon. It was practised in 
the heroic age. (Horn. R. ii. 774, Od.s'iu. 129, 
186—188, xviL 168.) 

The discus was ten or twelve inches in diameter, 
so as to reach above the middle of the forearm 
when held in the right hand. The object was to 
throw it from a fixed spot to the greatest distance ; 
and in doing this each player had a friend to mark 
the point at which the discus, when thrown by 
him, struck the ground. ((Jd. viii. 186 — 200 ; 
Stat. Theli. vi. 703.) The distance to which it 
was commonly thrown became a measure of length, 
called t& S'toKovpa. (R. xxiii. 431, 523.) 

The space on which the discobolus, or thrower 
of the discus, stood, was called 0aAgi's, and was 
indicated by being a little higher than the ground 
surrounding it. As each man took his station, 
with his body entirely naked, on the fiaASts, he 
placed his right foot forward, bending hi3 knee, 




and resting principally on this foot. The discus 
being held, ready to be thrown, in his right hand, 
he stooped, turning his body towards it, and his 
left hand was naturally turned in the same direc- 
tion. (Philostr. Imag. i. 24 ; Welcker, ad loc.) 
This attitude was represented by the sculptor 
Myron in one of his works, and is adduced by 
Quintilian (Inst. Or. ii. 13. § 10) to show how 
much greater skill is displayed by the artist, and 
how much more power! ul an effect is produced on 
the spectator, when a person is represented in 
action, than when he is at rest or standing erect. 
We fortunately possess several copies, more or less 
entire, of this celebrated statue ; and one of the 
best of them is in the British Museum (see the 
preceding woodcut). It represents the player just 
ready to swing round his outstretched arm, so as 
to describe with it a semicircle in the air, and 
thus, with his collected force, to project the discus 
at an angle of forty-five degrees, at the same time 
springing forward so as to give to it the impetus of 
his whole body. Discum " vasto contorquet tur- 
bine, ct ipse prosequitur." (Statius, /. e.) 

Sometimes a heavy mass of a spherical form 
(o-6\o$) was used instead of a discus, as when the 
Greeks at the funeral games contended for a lump 
of iron, which was to be given to him who could 
throw it furthest. (//. xxiii. 826—846.) The 
a6\os was perforated in the centre, so that a rope or 
thong might be passed through and used in throw- 
ing it. (Eratosth. ed. Bernhardy, p. 251.) In this 
form the discobolia is still practised by the moun- 
taineers of the canton of Appcnzell, in Switzer- 
land. They meet twice a year to throw round 
stones of great weight and size. This they do by 
a sudden leap and forcible swinging of the whole 
body. The same stone is taken by all, as in the 
case of the ancient discus and a6\os : he who sends 
it to the greatest distance receives a public prize. 
The stone is lifted as high as the right shoulder 
(see woodcut ; KaTWfiaSioio, II. xxiii. 431 ) before 
being projected. (Ebel, Schilderung der Gehirys- 
v'olker der Schtccitz, i. p. 174.) [J. Y.j 

DISPENSA'TOR. [Calculator.] 
DITI1 YKAMBUS. [Chorus.] 
DIVEKSO III I'M. [Caitona.] 
DIVIDI'CULUM. [Aquaeductus, p. 
1 14, a.] 

DIVINA'TIO is, according to Cicero {D» 
Divinat. i. 1), a prcsension and a knowledge of 
future things ; or, according to Chrysippus (Cic. 
Dc hivinat. ii. 63), a power in man which foresees 
and explains those signs which the gods throw in 
his way, and the diviner must therefore know the 
disposition of the gods towards men, the import of 
their signs, and by what means the»c signs are to 
be obtained. According to this latter definition, 
the meaning of the Latin- word divinatio is nar- 
rower than that of the Greek parrm-li, in as much 
as the latter signifies any means by which the 
decrees of the gods can be discovered, the natural 
as well as the artificial ; that is to say, the seers 
and the oracles, where the will of tin- gods is re- 
vealed by inspiration, as well as the divinatio in 
the sense of (.'hrv . In the one, man is the 

passive medium through which the deity reveals 
the future ; while in the other, man discovers it 
by his own skill or experience, without any pre- 
tension to inspiration. As, however, the seer or 
vales was aluo frequently called divinus, we shall 
treat, under this head, of seen as well as of other 



41 G 



DIVINATIO. 



DIVINATIO. 



kinds of divinatio. The subject of oracles is dis- 
cussed in a separate article. [Oraculum.] 

The belief that the decrees of the divine will 
were occasionally revealed by the deity himself, or 
could be discovered by certain iudividuals, is one 
which the classical nations of antiquity had, in 
common with many other nations, before the 
attainment of a certain degree of intellectual culti- 
vation. In early ages such a belief was natural, 
and perhaps founded on the feeling of a very close 
connection between man, God, and nature. But 
in the course of time, when men became more ac- 
quainted with the laws of nature, this belief was 
abandoned, at least by the more enlightened minds, 
while the multitudes still continued to adhere to 
it ; and the governments, seeing the advantages to 
be derived from it, not only countenanced, but en- 
couraged and supported it. 

The seers or ixcluths, who, under the direct influ- 
ence of the gods, chiefly that of Apollo, announced 
the future, seem originally to have been connected 
with certain places where oracles were given ; but 
in subsequent times they formed a distinct class of 
persons, independent of any locality ; one of them 
is Calchas in the Homeric poems. Apollo, the 
god of prophecy, was generally the source from 
which the seers, as well as other diviners, derived 
their knovvledge. In many families of seers the 
inspired knowledge of the future was considered 
to be hereditary, and to be transmitted from father 
to son. To these families belonged the Iamids 
(Paus. iii. 11. § 5, &c. ; Bockh, ad Pind. 01. vi. 
p. 152), who from Olympia spread over a con- 
siderable part of Greece ; the Branchidae, near 
Miletus (Conon, 33) ; the Eumolpids, at Athens 
and Eleusis ; the Clytiads (Paus. vi. 17. §4), the 
Telliads (Herod, viii. 27 ; Paus. x, 1. § 4, &c. ; 
Herod, ix. 37), the Acarnanian seers, and others. 
Some of these families retained their celebrity 
till a very late period of Grecian history. The 
manteis made their revelations either when re- 
quested to do so on important emergencies, or 
they made them spontaneously whenever they 
thought it necessary, either to prevent some 
calamity or to stimulate their countrymen to some- 
thing beneficial. The civil government of Athens 
not only tolerated, but protected and honoured 
them ; and Cicero (De Divinat. i. 43) says, that 
the manteis were present in all the public assem- 
blies of the Athenians. (Compare Aristoph. Pane, 
1025, with the Schol. ; Nub. 325, &c. and the 
Schol. ; Lycurg. c. Leocrat. p. 196.) Along with 
the seers we may also mention the Bacides and 
the Sibyllae. Both existed from a very remote 
time, and were distinct from the manteis so far as 
they pretended to derive their knowledge of the 
future from sacred books (xpT)Tjxo'i) which they 
consulted, and which were in some places, as at 
Athens and Rome, kept by the government or 
some especial officers, in the acropolis and in the 
most revered sanctuary. Bacis was, according to 
Pausanias (x. 12. § 6 ; compare with iv. 27. § 2), 
in Boeotia a general name for a man inspired 
by nymphs* The Scholiast on Aristophanes {Pax, 
1009) and Aelian (V.I/, xii. 35) mention three 
original Bacides, one of Eicon in Boeotia, a second 
of Athens, and a third of Caphys in Arcadia. 
(Compare Aristoph. Equit. 123, 993, Ares, 963 ; 
Clem. Alex. Strom, i. 398.) From these three 
Bacides all others were said to be descended, and 
to have derived their name. Antichares (Herod. 



v. 43), Musaeus (Herod, vii. 6), Euclous of Cyprus 
(Paus. x. 12. § 6), and Lycus, son of Pandion 
(Paus. I. c), probably belonged to the Bacides. 
The Sibyllae were prophetic women, probably of 
Asiatic origin, whose peculiar custom seems to 
have been to wander with their sacred books from 
place to place. (Liv. i. 7.) Aelian ( V. H. xii. 35) 
states that, according to some authors, there were 
four Sibyllae, — the Erythraean, the Samian, the 
Egyptian, and the Sardinian ; but that others 
added six more, among whom there was one 
called the Cumaean, and another called the Jewish 
Sibylla. Compare Suidas (s. v. Si'guAAai), and 
Pausanias (x. 12), who has devoted a whole chap- 
ter to the Sibyllae, in which, however, he does not 
clearly distinguish between the Sibyllae properly 
so called, and other women who travelled about 
and made the prophetic art their profession, and 
who seem to have been very numerous in all parts 
of the ancient world. (Clem. Alex. Strom, i. 319.) 
The Sibylla whose books gained so great an im- 
portance at Rome, was, according to Varro (up. 
Lactant. i. 6), the Erythraean : the books which 
she was said to have sold to one of the Tarquins, 
were carefully concealed from the public, and only 
accessible to the duumvirs. The early existence 
of the Sibyllae is not as certain as that of the 
Bacides ; but in some legends of a late date, they 
occur even in the period previous to the Trojan 
war, and it is not improbable that at an early 
period every town in Greece had its prophecies by 
some Bacis or Sibylla. (Paus. I.e.) They seem to 
have retained their celebrity down to the time of 
Antiochus and Demetrius. (See Niebuhr, Hist, of 
Rome, i. p. 503, &c.) 

Besides these more respectable prophets and 
prophetesses, there were numbers of diviners of an 
inferior order (xpyvfioAdyoi ), who made it their 
business to explain all sorts of signs, and to tell 
fortunes. They were, however, more particularly 
popular with the lower orders, who are everywhere 
most ready to believe what is most marvellous and 
least entitled to belief. This class of diviners, 
however, does not seem to have existed until a 
comparatively late period (Thucyd. ii. 21 ; Aristoph. 
Aves, 897, Pax, 986, 1034, &c), and to have been 
looked upon, even by the Greeks themselves, as 
nuisances to' the public. 

These soothsayers lead us naturally to the mode 
of divination, of which such frequent use was made 
by the ancients in all the affairs of public and 
private life, and which chiefly consisted in the in- 
terpretation of numberless signs and phenomena. 
No public undertaking of any consequence was 
ever entered upon by the Greeks and Romans 
without consulting the will of the gods, by observ- 
ing the signs which they sent, especially those in 
the sacrifices offered for the purpose, and by which 
they were thought to indicate the success or the 
failure of the undertaking. For this kind of divi- 
nation no divine inspiration was thought necessary, 
but merely experience and a certain knowledge 
acquired by routine ; and although in some cases 
priests were appointed for the purpose of observing 
and explaining signs [Augur ; Haruspex], yet 
on any sudden emergency, especially in private 
affairs, any one who met with something extraor* 
dinary, might act as his own interpreter. The 
principal signs by which the gods were thought to 
declare their will, were things connected with the 
offering of sacrifices, the flight and voice of birds, 



DIVIXATIO. 



DIVINATIO. 



417 



all kinds of natural phenomena, ordinary as well 
as extraordinary, and dreams. 

The interpretation of signs of the first class 
(Upopaircia or ispoffKoivia, hantspicium or ars 
haruspicina), was, according to Aeschylus (Prometh. 
492, &c), the invention of Prometheus. It seems 
to have been most cultivated by the Etruscans, 
among whom it was raised into a complete science, 
and from whom it passed to the Romans. Sacri- 
fices were either offered for the special purpose of 
consulting the gods, or in the ordinary way ; but 
in both cases the signs were observed, and when 
they were propitious, the sacrifice was said (caAAie- 
p(7y. The principal points that were generally ob- 
served were, 1. The manner in which the victim 
approached to the altar, whether uttering a sound 
or not ; the former was considered a favourable 
omen in the sacrifice at the Panionium. (Strab. 
viii. p. 384 ; compare Paus. iv. 32. § 3.) 2. The 
nature of the intestines with respect to their colour 
and smoothness (Aeschyl. Prometh. 493, &c. ; 
Eurip. Elect. 833) ; the liver and bile were of 
particular importance. [Caput ExtoRDM.] 3. 
The nature of the flame which consumed the 
sacrifice (see Valckcnaer, ad Eurip. Phoen. 1261); 
hence the words, irvpofiairrfia, tfi-rrvpa oi)fia.Ta, 
(pKuyunra arifiaTa. That the smoke rising from 
the altar, the libation, and various other things 
offered to the gods, were likewise considered 
as a means through which the will of the gods 
might be learned, is clear from the names, 
KaTtvoixavrda, AiSavojiaiTei'a, KptdouavTeia, and 
others. Especial care was also taken during a 
sacrifice, that no inauspicious or frivolous words 
were uttered by any of the bystanders : hence the 
admonitions of the priests, tv<pT\nuTt and fv<pT}fila, 
or otyart, a\unru.rt, farele litir/uii, and others ; for 
improper expressions were not only thought to pol- 
lute and profane the sacred act, but to be unlucky 
omens {Svatprju'ta, KKySivts, <pi)nai, tpwvai or 
on<pai, Pind. 01. vi. 112 ; Horn. //. ii. 41). 

The art of interpreting signs of the second class 
was called oluiviartici), awjurium or ausjricium. It 
was, like the former, common to Greeks and Ro- 
mans, but was never developed into so complete 
a system by the former as by the latter ; nor did it 
ever attain the same degree of importance in Greece 
as it did at Rome. [Augur.] The Greeks, 
when observing the flight of birds, turned their 
face towards the north, and then a bird appearing 
to the right (cast), especially an eagle, a heron, or 
a falcon, was a favourable sign (Horn. //. xiv. 
271, xxiv. 310, Od. xv. 524) ; while birds ap- 
pearing to the left (west) were considered as un- 
lucky signs. (Horn. //. xii. 201, 230 ; Festus, 
i. v. Sinittrae Ares.) Sometimes the mere appear- 
ance of a bird was thought sufficient : thus the 
Athenians always considered the appearance of an 
owl as a lucky sign ; hence the proverb, ykai>£ 
Vttotoj, " the owl is out," i.e. we have good luck. 
Other animals appearing unexpectedly, especially 
to travellers on their road (iv6Sia irvfiSo\a), were 
also thought ominous ; and at Athens it was con- 
sidered a very unlucky omen, when a weasel ap- 
p and during the assembly of the people. (Aristoph. 
Eerles. 793.) Superstitions of this kind are still 
met with in several European countries. Various 
other means were used to ascertain the will of the 
gods, such as the a ih-qpo^iayriia, or divination by 
placing straws on red hot iron ; the fjuiKvShfiavrtla, 
by observing the figures which melted lead formed ; 



the fioravoixavTeia, or divination by writing one's 
own name on herbs and leaves, which were then 
exposed to the wind, &c. 

Of greater importance than the appearance of ani- 
mals, at least to the Greeks, were the phenomena 
in the heavens, particularly during any public 
transaction. They were not only observed and 
interpreted by private individuals in their own 
affairs, but by the public magistrates. The Spartan 
ephors, as we learn from Plutarch (Ai/esil. 1 1 ), 
made regular observations in the heavens every 
ninth year during the night ; and the family of 
the Pythaistae, of Athens, made similar observ- 
ations even- year before the theoris set sail for 
Delos. (Muller, Dorians, ii. 2. § 14.) Among 
the unlucky phenomena in the heavens (Sioo^/iem, 
sitpta, or portenta) were thunder and lightning 
(Aristopb. Eccles. 793 ; Eustath. ad Horn. Od. xx. 
104), an eclipse of the sun or moon (Thucyd. vii. 
50), earthquakes (Xen. Hellen. iv. 7. § 4), rain of 
blood, stones, milk, &c. (Horn. //. xi. 53, &c; Cic. 
De Divinat. L 43). Any one of these signs was 
sufficient at Athens, as well as at Rome, to break 
up the assembly of the people. (Schomann, De 
Vomit. Ath. p. 146. &c. transl.) In common life, 
things apparently of no importance, when occurring 
at a critical moment, were thought by the ancients 
to be signs sent by the gods, from which conclusions 
might be drawn respecting the future. Among these 
common occurrences we may mention sneezing 
(Horn. Od. xvii. 561, with the note of Eustath. ; 
Xen. Aaai. iii. 2. § 9 ; Plut. Themist. 13 ; Ovid, 
Heroid. 19, 151 ; Propert. ii. 2. 33), twinkling 
of the eyes (Theocrit iii. 37 ; Plaut. Pseud, i. 2. 
105 ; compare Wustcmann, ad Theocrit. I. c), 
tinkling of the cars, and numberless other things 
which we cannot here enumerate. Some of them 
have retained their significance with the super- 
stitious multitude down to the present day. 

The art of interpreting dreams (bvtipoiroXla), 
which had probably been introduced into Europe 
from Asia, where it is still a universal practice, 
seems in the Homeric age to have been held in 
high esteem ; for dreams were said to be sent by 
Zeus. (Horn. //. i. 63, ii. init., Od. iv. 841, xix. 
457.) In subsequent times, that class of diviners 
who occupied themselves with the interpretation of 
dreams, seems to have been very numerous and 
popular ; but they never enjoyed any protection 
from the state, and were only resorted to by pri- 
vate individuals. Some persons arc said to have 
gained their livelihood by this profession. (Pint. 
Aristid. 27.) Respecting the oracles which were 
obtained by passing a night and dreaming in a 
temple, see Oraculum. 

For further information concerning the art of 
divination in general, sec Cicero's work, De DM* 
nationc. The navriKi) of the (ireeks is treated of 
at some length by VVachsmuth (//»//«•«. Altcrth. 
ii. 2. p. 259, &c, vol. ii. p. 585, 2d edit.) Com- 
pare Thirlwall's Hist, of Greece, i. p. 206, &c. 

The word diviuntio was used in a particular 
manner by the Koinans as a law-term, which re- 
quires some explanation. If in any case two or 
more accusers came forward against one and the 
same individual, it was, as the phrase ran, decided 
hy divinatio, who should be the chief or real ac- 
cuser, whom the others then joined as subscrip- 
tores ; •'. c. by putting their names to the charge 
brought ngninkt the offender. This transaction, by 
which one of several accusers was selected to tun- 
ic K 



418 



DIVORTIUM. 



DIVORTIUM. 



duct the accusation, was called divinatio, as the 
question here was not about facts, but about some- 
thing which was to be done, and which could not 
be found out by witnesses or written documents ; 
so that the judices had, as it were, to divine the 
course which they had to take. ( Ascon. in A rgum. 
ad Cic. Divinat. in Caec. p. 99. ed. Orelli.) Hence 
the oration of Cicero, in which he tries to show that 
he, and not Q. Caecilius Niger, ought to conduct 
the accusation against Verres, is called Divinatio 
in Caecilium. Compare c. 15 and 20 of the oration, 
and Gellius, ii. 4. [L. S.] 

DIVI'SOR. [Ambitus.] 

DIVORTIUM, divorce. 1. Greek. The term 
for this act was 07r<iA6n|/is or airoVejinl/is, the former 
denoting the act of a wife leaving her husband, and 
the latter that of a husband dismissing his wife. 
(Dem. c. Onet. p. 865, c. Neaer. pp. 1362, 1365.) 
The only Greek states respecting whose laws of 
divorce we have any knowledge, are Athens and 
Sparta. In both states the law, it appears, permitted 
both husband and wife to call for and effect a divorce, 
though it was much easier for a husband to get rid 
of his wife than for a wife to get rid of her husband. 
The law at Athens allowed a man to divorce his 
wife without ceremony, simply by his act of sending 
her out of his house (e/c/rejUirei;/, aTroTrefiweiv), but 
he was bound to restore to her the dowry which she 
had brought to him, or to pay her the interest of 
nine oboli per drachma every month, and in ad- 
dition to this, to provide for her maintenance. 
(Demosth. e. Neaer. -p. 1362.) It would, however, 
se^-.n that a husband thus dismissing his wife, 
usually did so in the presence of witnesses. (Ly- 
sias, c. Aleib. p. 541.) What became of the 
children in such a case is not mentioned, but it 
is probable that they remained with the father. If, 
on the other hand, a wife wished to leave her hus- 
band, she was obliged in person to appear before 
the archon and to deliver up to him a memorial 
containing the reasons why she wished to be di- 
vorced. (Plut. Alcib. 8.) She had to conduct her 
case quite alone, for as she was in her husband's 
power so long as the verdict was not given, no one 
had a right to come forward and plead her case. If 
both parties agreed upon a divorce, no further pro- 
ceedings were required, mutual consent being suf- 
ficient to dissolve a marriage. But if one party ob- 
jected, an action (airoireiJ.\f/ews or curoAetyewj di/cy) 
might be brought against the other : the proceed- 
ings in such a case, however, are unknown. (Heff- 
ter, Athen. Gerichtsverf. pp. 250, 414 ; Meier, Alt. 
Proc. p. 413, &c.) 

At Sparta, it seems, a man might dismiss his wife, 
if she bore him no issue. (Herod, v. 39, vi. 61.) 

Charondas, in his legislation at Thurii, had per- 
mitted divorce, but his law was subsequently modi- 
fied by the addition, that if divorced persons should 
wish to marry again, they should not be allowed to 
marry a person younger than the one from whom he 
(or she) had been separated. (Diod. xii. 18.) 

A woman, after her divorce, returned to the 
house of her father, or of that relative who was 
under obligation to protect her if she had never 
been married at all. In reference to her he was 
her Kvpios. (Demosth. c. Neaer. p. ] 362.) [L. S.] 

2. Roman. The word divortium signified ge- 
nerally a separation, and, in a special sense, a dis- 
solution of marriage. A Roman marriage was dis- 
solved by the death of the wife or husband, and by 
divortium in the lifetime of the husband and wife. 



The statement of Plutarch (Romul. 22) that the 
husband alone had originally the power of effecting 
a divorce may be true ; but we cannot rely al- 
together on such an authority. In the cases of con- 
ventio in manum, one might suppose that a woman 
could not effect a divorce without the consent of 
her husband, but a passage of Gaius (i. 137) seems 
to say, that the conventio in manum did not limit 
the wife's freedom of divorce at the time when 
Gaius wrote (Booking, Instit. i. 229. n. 3). The 
passage of Dionysius {Antiq. Rom. ii. 25), in which 
he treats of marriage by confarreatio, declares that 
the marriage could not be dissolved. 

As the essential part of a marriage was the con- 
sent and conjugal affection of the parties, it was 
considered that this affection was necessary to its 
continuance, and accordingly either party might 
declare his or her intention to dissolve the con- 
nection. No judicial decree, and no interference 
of any public authority, was requisite to dissolve a 
marriage. Filiifamilias, of course, required the 
consent of those in whose power they were. The 
first instance of divorce at Rome is said to have 
occurred about B. c. 234, when Sp. Carvilius Ruga 
put away his wife (A. Gell. iv. 3, xvii. 21 ; 
Val. Max. ii. 1. § 4) on the ground of barren- 
ness : it is added that his conduct was generally 
condemned. The real meaning of the story is 
explained by Savigny with his usual acuteness 
{Zeitsclirift, &c. vol. v. p. 269). 

Towards the latter part of the republic, and 
under the empire, divorces became very common ; 
and in the case of marriages, where we assume 
that there was no conventio in manum, there was 
no particular form required. Cn. Pompeius di- 
vorced his wife Mucia for alleged adultery, and his 
conduct was approved (Cic. ad Att. i. 12, 18) ; 
and Cicero speaks of Paula Valeria {ad Fam. 
viii. 7) as being ready to serve her husband, on 
his return from his province, with notice of divorce. 
(Compare Juv. vi. 224, &c. ; Mart. vi. 7.) Cicero 
himself divorced his wife Terentia, after living with 
her thirty years, and married a young woman 
whom he also divorced (Plut. Cic. 41). Cato the 
younger divorced his wife Marcia, that his friend 
Hortensius might marry her and have children by 
her ; for this is the true meaning of the story. (Plut. 
Cat. Min. 25.) If a husband divorced his wife, the 
wife's dos, as a general rule, was restored [Dos] ; 
and the same was the case when the divorce took 
place by mutual consent. As divorce became more 
common, attempts were made to check it indi- 
rectly, by affixing pecuniary penalties or pecuniary 
loss on the party whose conduct rendered the divorce 
necessary. This was part of the object of the lex 
Papia Poppaea, and of the rules as to the retentio 
dotis, and judicium morum. There was the re- 
tentio dotis propter liberos, when the divorce was 
caused by the fault of the wife, or of her father, in 
whose power she was: three -sixths of the dos was 
the limit of what could be so retained. On ac- 
count of matters morum graviorum, such as adultery, 
a sixth part might be retained ; in the case of 
matters morum leviorum, one eighth. The husband, 
when in fault, was punished by being required to 
return the dos earlier than it was otherwise re- 
turnable. After the divorce, either party might 
marry again. (Sueton. Aug. 34.) 

By the lex Papia Poppaea, a freedwoman who 
had married her patronus could not divorce her- 
self ; there appears to have been no other class of 



DOCAXA. 



DOCIMASIA. 



419 



persons subjected to this incapacitv. (Dig. 24. 
tit. 2. s.11.) 

Corresponding to the forms of marriage by con- 
farrtatio and coemtio, there were the forms of 
divorce by diffarreatio and remancipatio. Accord- 
ing to Festus (s. v. Dijfarreatio), ditfarreatio was a 
kind of religious ceremony so called, " quia fiebat 
farreo libo adhibito," by which a marriage was dis- 
solved ; and Plutarch (Qwiest. Horn. 50) has been 
supposed to allude to this ceremony in the case of 
a divorce between the flamen dialis and his wife. 
It is said that originally marriages contracted by 
confarreatio were indissoluble ; and in a later age, 
this was the case with the marriage of the flamen 
dialis (Cell. x. 15), who was married by confar- 
reatio. In the case referred to by Plutarch, the 
emperor authorised the divorce. A marriage by 
coemtio was dissolved by remancipatio (Festus, 
s. v. Remancipatam). In other cases, less cere- 
mony was used ; but still some distinct notice or 
declaration of intention was necessary to constitute 
a divorce : the simple fact of either party con- 
tracting another marriage wa3 not a legal divorce. 
(Cic. Oral. i. 40.) The ceremony of breaking the 
nujiti'iles tabulue (Tacit. Ann. xi. 30), or of taking 
the keys of the house from the woman and turning 
her out of doors, were probably considered to be 
acts of themselves significant enough, though it 
may be presumed that they were generally accom- 
panied with declarations that could not be mis- 
understood. The general practice was apparently 
to deliver a written notice, and perhaps to assign a 
reason. In the case of Paula Valeria, mentioned 
by Cicero, no reason was assigned. By the Lex 
Julia de Adultcriis, it was provided that there 
should be seven witnesses to a divorce, Roman 
citizens of full age (puleres), and a frecdman of 
the party who made the divorce. (Dig. 24. tit. 2. 
s.9.) 

Under the early Christian emperors, the power 
of divorce remained, as before, subject to the ob- 
servance of certain forms. Justinian restricted the 
power of divorce, both on the part of the husband 
and the wife, to certain cases, and he did not allow 
a divorce even by the consent of both parties, unless 
the object of the parties was to live a life of chas- 
tity ; a concession made to the opinions of his 
Christian subjects. 

The term repudium, it is said, properly applies to 
a marriage only contracted [Matrimonii m], and 
divortium to an actual marriage (Dig. 50. tit. 16. 
». 101. 191) ; but sometimes divortium and re- 
pudium appear to be used indifferently. The 
phrases to express a divorce are, nuncium rcmit- 
terc, divortium facerc ; and the form of words 
might be as follow — " Tuas res tibi habeto, tuas 
res tibi agito." (Cic. Phil. ii. 2(1 ; Plaut Amp/tit. 
iii. 2. 47, Trinum. ii. 1. 43.) The phrases used to 
express the renunciation of a marriage contract 
were, rcniintiarc repudium, repudium rcmittcre, 
dicere, and repudiare ; and the form of words 
might be, " Conditionc tua non utor." (Dig. 24. 
tit. 2 ; IJlp. /'my. vi. ; Ifiiiiecc. Sjinlnijum ; Cod. 
5. tit. 17, nnd 2 1 ; Rein, Da$ Romuche P r i vatredU ; 
and ns to the later Roman Law, Thibant, Syttem, 
&c. 9th cd.) [G.L.] 

DO'CANA (tA HAxava, from tnx6t, a beam) 
wns an nncient symbolical representation of the 
Dioscuri (Castor nnd Polydeiiccs), at Sparta. It 
consisted of two upright beams with others laid 
across them transversely. (Plot D<: Amur, i'r'ilr. 



1. p. 36.) This rude symbol of fraternal unity 
evidently points to a very remote age, in which 
scarcely any attempts in sculpture can have been 
made. At a later time, when works of art were 
introduced into all the spheres of ordinary life, 
this rude and ancient object of worship, like many 
others of its kind, was not superseded bv a more 
appropriate symbol. The Dioscuri were worshipped 
as gods of war, and we know that their images 
accompanied the Spartan kings whenever they 
took the field against an enemy. But when in the 
year 504 B. c. the two kings, during their inva- 
sion of Attica, failed in their undertaking on ac- 
count of their secret enmity towards each other, 
it was decreed at Sparta, that in future only one 
king should command the army, and in conse- 
quence should only be accompanied by one of the 
images of the Dioscuri. (Herod, v. 75.) It is not 
improbable that these images, accompanying the 
kings into the field, were the ancient Sdnava, which 
were now disjointed, so that one half of the sym- 
bol remained at Sparta, while the other was taken 
into the field by one of the kings. Suidas and the 
Etymologicuni Magnum (s. r.) state that tidicava 
was the name of the graves of the Dioscuri at 
Sparta, and derived from the verb Se'xo/ia<. (MUI- 
ler, Dorians, i. 5. § 1 2. note m, ii. 10. § 8 ; Zoega, 
De Ofoluois, p. 228.) [L. S.] 

DOCIMA'SIA (Soicimoo-i'o). When any citi- 
zen of Athens was cither appointed by lot, or 
chosen by suffrage (K\-nparros kou cuperSs), to hold 
a public office, he was obliged, before entering on 
its duties, to submit to a docimasia, or scrutiny 
into his previous life and conduct, in which any 
person could object to him as unfit. This was the 
case with the archons, the senators, the strategi, 
and other magistrates. The examination, or ana- 
crisis, for the archonship was conducted by the 
senators, or in the courts of the heliaca. The docima- 
sia, however, was not confined to persons appointed 
to public offices ; for we read of the denouncement 
of a scrutiny (lirar/ytXia 5oici^mo-/as) against ora- 
tors who spoke in the assembly while leading 
profligate lives, or after having committed flagi- 
tious crimes. This denouncement might be made 
in public by any one irpbs SoKincur'tav rov fiiov, 
i. e. to compel the party complained of to appear 
before a court of justice, and give an account of his 
life and conduct If found guilty, he was punished 
with atimia, and prohibited from the assemblies. 
(Aesch. Timarch. p. 5.) 

The phrase ivSpa tlvat $0KtnatT6r)i>ai needs a 
few words of explanation. At the age of eighteen, 
every Athenian became an ephebns, and after two 
years was enrolled amongst the men, so that ho 
could be present and vote at the assemblies. (Poll, 
viii. 105.) In the case of wards who were heirg 
to property, this enrolment might take place before 
the expiration of the two years, on it being esta- 
blished by a docimajria that the youth was physi- 
cally qualified to discharge any duties the state 
might impose upon him. If so, he was released 
from guardianship, and " became a man" (&vhp 
iyivrro, or SoKtudolh)), being thereby empowered 
to enter upon his inheritance, and enjoy other 
privileges, just as if he were of the full age of 
twenty. (Harpocr. ». r. *E»ri!f<Tfi TjSijtrai ■ Dm. 
r. ApUJ,. p. H57, '•. On. I, p. Ill,;,, r . Strph. p. I I 35.) 
We may ndd that the statements of the grammarians 
and orators are at variance on this point ; but the 
explanation we have given seems the best way of 



420 



DOLABRA. 



DOMICILIUM. 



reconciling them, and it agrees in substance with 
the supposition of Schomann, " that among the 
Athenians, no one period was appointed for enrol- 
ment, provided that it was not done before the 
attainment of the 18th, nor after the completion 
of the 20th vear." (Schomann, De Comitiis, pp. 
75, 241, &c.) [R.W.] 
DODRANS. [As.] 

DOLABRA, dim. DOLABELLA (a/xiXri, dim. 
(rjxtX'wv), a chisel, a celt, was used for a variety of 
purposes in ancient as in modern times. They were 
frequently employed in making entrenchments and 
in destroying fortifications (Liv. ix. 37, xxi. 11 ; 
Curt. ix. 5 ; Tacit. Hist. iii. 20) ; and hence they 
are often found in ancient earth-works and en- 
campments. They abound in our public mu- 
seums, being known under the equivalent name of 
" celts" to antiquaries, who, however, generally 
use the word without understanding its true sense. 
(See Jamieson's Etym. Diet. s. v. Celt.) Celtes is 
an old Latin word for a chisel, probably derived 
from coelo, to engrave. Thus the phrase celte 
sculpantur in silice occurs in the vulgate version of 
Job (xix. 24), and mallcolo et celte literatus silex in 
an inscription found at Pola. (Gruter, p. 329.) 
These articles are for the most part of bronze, 
more rarely of hard stone. The sizes and forms 
which they present, are as various as the uses to 
which they were applied. The annexed woodcut 
is designed to show a few of the most remark- 
able varieties. Fig. 1 is from a celt found, with 
several others, at Karnbre in Cornwall. (Borlase, 
Ant. of Cornwall, iii. 13.) Its length was six 
inches without the haft, which was no doubt of 
wood, and fixed directly into the socket at the top. 
It must have been a very effective implement for 
removing the stones in the wall of a city or fortifi- 
cation, after they had been first shattered and 
loosened in some degree by the battering-ram. 
The ear, or loop, which is seen in this and many 
other celts, would be useful to suspend them from 
the soldier's girdle, and may also have had a cord 
or chain attached to it to assist in drawing back 
the celt whenever it became too firmly wedged be- 
tween the stones of the wall which it was intended 
to destroy. Figs 2 and 3 are from Sir W. Hamil- 
ton's collection in the British Museum. These 
chisels seem best adapted for the use of the car- 
penter. The celt (fig. 4) which was found in 
Funiess, co. Lancaster (Arcliaeologia, v. p. 106), 
instead of being shaped to receive, or to be in- 
serted into a handle, like the three preceding, is 
made thick, smooth, and round in the middle, so 
as to be conveniently manipulated without a 
handle. It is 9 inches long, and weighs 2 lb. 5 oz. 
Its sharp edge is like that of a common hatchet, 
and may have been used for polishing timber. On 
1 2 3 4 5 6 




the other hand, figs. 5, 6, 7, exactly resemble 
the knife now used by leather-cutters, and there- 



fore illustrate the account given by Julius Pollux, 
who reckons this same tool, the <t/j.i\7), among the 
epyaAz'ia tov o-kvtot6/j.ov. This instrument was 
also used for cutting paper, and probably in the 
same maimer (ajxiKa x a P T( >r6jxos, sicila, Philox. 
Gloss.). 

The following woodcut shows a small bronze 
celt, fixed into a handle of stag's horn, and there- 
fore exemplifies one of the modes of attaching the 
metal to its haft. It was evidently adapted, for 
very fine work, and is strongly contrasted with 
the above-figured celt from Cornwall. It was 
found in an ancient tomb in Wiltshire. (Sir R. 
C. Hoare's Anc. Wilts. South, pp. 182, 203.) The 
two other figures in this woodcut represent the 
knife used in sacrifices, as it is often exhibited on 
cameos and bas-reliefs, being the scena, sacena, or 
dolabra pontiftcalis, mentioned by Festus (s. v. 
Scena) ; and the seeuris dolabrata, or hatchet fur- 
nished with a chisel (Pallad. De Re Rust. i. 43) as 
sculptured on a funereal monument. [J. Y.] 




DO'LICHOS (U\i X os). [Stadium.] 
DO'LIUM. [Vinum.] 

DOLO (S6^av). 1. A secret poniard or dagger 
contained in a case, used by the Italians. It was 
inserted in the handles of whips (Dig. 9. tit. 2. 
s. 52 ; Serv. ad Virg. Aen. vii. 664), and also in 
walking-sticks, thus corresponding to our sword- 
stick. It was a weapon of the latter kind that 
Tib. Gracchus carried (Plut. Tib. GraccliAQ ; comp. 
Hesych. s. v. ASAaves). 

2. A small top-sail. [Navis.] 

DE DOLO MALO ACTIO. [Culpa.] 

DOLUS MALUS. [Culpa.] 

DOME'STICI. [Praetoriani.] 

DOMICI'LIUM. This word signifies a man's 
regular place of abode. It was used in the Lex 
Plautia Papiria in such a manner, that when that 
lex was enacted, B. c. 89, the word domicilium 
must have had a fixed meaning : " Si qui foederatis 
civitatibus adscripti fuissent, si turn cum lex 
ferebatur in Italia domicilium habuissent, et si 
sexaginta diebus apud praetorem essent professi." 
(Cicero, Pro Archia, c. 4.) This further appears 
from another passage in the same chapter: "At 
domicilium Romae non habuit: is qui tot annis 
ante civitatcm datam sedem omnium rerum ac 



DOMINI I'M. 



DOMINIUM. 



421 



fortunamm suarum Romae collocavit ;" and this 
indirect definition agrees, in part, with one in the 
Code, which will presently be cited. 

There are various definitions of domicilium in 
the Corpus Juris. One of these (Dig. 50. tit. 1. 
8. 27. § 1 ) determines that a person must be con- 
sidered to have his domicilium in a municipium, if 
he buys and sells there, attends the public spec- 
tacles, keeps the festival days there, and, in fine, 
enjoys all the advantages of the municipium, and 
none of the colonia, or the place where he is merely 
for the purpose of cultivation (ubi colendi ruris 
causa versatur). In another passage (Cod. 10. 
tit. 40 (39.) s. 7), it is stated that a civis is made 
by origo, manumissio, allectio vel adoptio ; but 
that domicilium, as an edict of Divus Hadrianus 
declares, makes a person an incola. Domicilium 
is then defined in the following terms : u In eo 
loco singulos habere domicilium non ambigitur ubi 
quis larem rerumque ac fortunamm summam con- 
stituit, unde rursus non discessurus si nihil avocct, 
unde cum profectus est peregrinari videtur, quod 
(quo ?) si rediit, peregrinari jam destitit" 

In a passage in the Digest (50. tit. 1. s. 5), 
" incolam esse" and "domicilium habere " are used 
as equivalent terms. 

It was important, for many purposes, to deter- 
mine where a man had his permanent abode. An 
incola was bound to obey the magistrates of the 
place where he was an incola, and also the magis- 
trates of the place where he was a civis ; and he 
was not only subject to the municipal jurisdiction 
in both municipia, but he was bound to perform 
all public functions (publica muncra). If a man 
was bound (obligatus), to pay a sum of money in 
Italy, and had his domicilium in a provincia, he 
might be sued either in Italy or in the province 
(Dig. 5. tit. 1. s. 19, § 4). A son followed the 
civitas which was the naturalis origo of his father, 
and did not follow his father's domicilium. If a 
man had no legal father ( justus pater), he followed 
the origo of his mother. In the Praescriptio longi 
tcmporis decern vel viginti annonim, it was enacted 
by Justinian, that the ten years' prescription should 
apply, if both parties (tarn pctens quam possidens) 
had their domicilium in the same provincia ; if the 
two parties had not their domicilium in the fame 
province, the prescription of twenty years applied. 
(Cod. 7. tit. 33. s. 12.) 

The modern law of Domicile is a branch of what 
is sometimes called international law ; and many 
of the principles which are admitted in modem 
times are founded on the Roman rules. ( The Iaiw 
of Ihmicilt by Robert Phillimore, lf)47 ; Burgc, 
Coinmniltiriri on CtJuuinl. mul i'nr< i<in A"" -, 

vol. i.) [G.L.] 

DOMl'NIUM. Dominium signifies quiritarian 
ownership of a thing ; and dominus, or dominus 
legitiinus, is the owner. Possessor is often used 
by Roman writers as equivalent to owner ; but 
this is not a strictly correct use of the word. In 
like manner, "to have ownership" is sometimes 
expressed by "possidere;" and the thing in which 
there is property is sometimes called " posscssio." 
(Saviimy, Ihit Hrcht <lr» Deritxa, p. 115, 5th cd.) 

The complete notion of property or ownership 
comprehends the determination of the things which 
may be the objects of ownership ; the power which 
I man may have over such objects, both as to 
duration of time and extent of enjoyment ; the , 
modes in which ownership may be ucquircd and \ 



lost ; the persons who are capable of acquiring, 
transferring, or losing ownership. 

Res is the general name for anything which is 
the object of a legal act. The chief division of res 
is into res divini juris, and res humani juris. Res 
divini juris are those which are appropriated to 
religious purposes, namely, res sacrae, sanctae, re- 
ligiosae ; and so long as they have this character, 
they cannot be objects of property. Res humani 
juris are all other things that can be the objects of 
property ; and they are either res publicae or res 
privatae. Res publicae belong to the state, and 
can only become private property by being de- 
prived of this public character. [Agiukiae 
Leges.] Res universitatis are the property of a 
universitas, and are not the property of any in- 
dividual. The phrase res nullius is ambiguous ; 
it sometimes means that the thing cannot be the 
property of any individual, which is affirmed of 
things divini juris ; when applied to things humani 
juris, it sometimes means that they arc not the pro- 
perty of an individual but of a universitas ; yet 
such things may become the property of an in- 
dividual ; res hereditariae are res nullius until there 
is a heres. Res communes are those which cannot 
be the objects of property, and therefore are res 
nullius, as the sea. 

Res corporalcs arc defined to be those " quae tangi 
possunt ; " incorporales are those " qua tangi 
non possunt, sed in jnre consistunt," as IIeiie- 
ditas, Ususfructus, Obligationes ; and they 
are consequently incapable of tradition, or delivery. 
The distinction of things into corporeal and incor- 
poreal did not exist in the older Roman law ; and 
it is a useless distinction. An incorporeal thing 
is merely a right, and so it is explained in the 
Institutioncs (ii. tit. 2, ed. Schradcr). 

Corporeal things arc divided into immobiles, or 
solum ct res soli, and mobiles. The ground (solum), 
and that which is so attached to the ground as 
to be inseparable from it without being destroyed, 
as a building for instance, are res immobiles. 
Mobiles res arc all such as can be removed from 
one place to another without the destmction of their 
character. The class of res mobiles " quae ponderc, 
numero, mensura constant,'' are such things as wine, 
oil, com, silver, gold, which are of such a nature 
that any the same number, weight, or measure, 
may lie considered the same thing. [Mi n i .M.] 
There is another class of res, consisting of those 
"quae nsu consumuntur, minuuntur," and those 
" quae non, &c." The term siugulac res compre- 
hends either one thing or several things, separately 
considered as ones. Such things arc either simple, 
as an animal, a stone ; or compounded of parts, as 
a carriage, or a ship. Any number of things, not 
mechanically connected, may in a legal sense be 
viewed as one, or as a universitas. ( Dig. 4 1 . tit. 3. 
s. 30 ; 6. tit. 1. s.23. § 5.) 

Some things are appurtenant to others, that is, 
as subordinate parts they go with that which forms 
the principal thing. (Dig. IH. tit 1. s. 49.) If a 
thing, as a house or n ship, was purchased, the 
buyer got every thing that w as a part of the house 
or ship. (Dig. 21. tit. 2. s. 44.) 

Knictus are what is produced out of n thing by 
its own productive power ; as the grass in a field, 
the fruit on a tree. 

The division of things into res mnncipi and res 
DM manripi, was one of am riant origin ; nnd it con- 
tinued to a lute period in |l" , m pu. . Res main ipi 
E K 3 



422 



DOMINIUM. 



DOMINIUM. 



(Ulp. Frag, xix.) are praedia in Italico solo, both 
rustic and urban ; also jura rusticorum praediorum 
or servitutes, as via, iter, aquaeductus ; also slaves, 
and four-footed animals, as oxen, horses, &c., quae 
collo dorsove domantur. Other things were nec 
rnancipi. 

All the things have been enumerated which are 
the object of dominium, and some which are not. 
Every dominus has a right to the possession of the 
thing of which he is dominus ; but possession 
alone, which is a bare fact without any legal 
character, neither makes a man dominus, nor does 
the want of possession deprive him of dominium. 
Possession has the same relation to a legal right to 
a thing, as the physical power to operate upon it 
has to the legal power ; and accordingly the doctrine 
of possession precedes that of ownership. Things' 
cannot be the objects of possessio civilis which 
cannot be the objects of dominium. 

Certain things are not properly objects of owner- 
ship {dominium), though a claim to them is pro- 
secuted by an actio in rem : they are servitutes, 
emphyteusis, superficies, and pignus and hypotheca. 

Dominium properly signifies the right of dealing 
with a corporeal thing as a person {dominus) 
pleases ; this, of course, implies the right to ex- 
clude all others from meddling with it. The do- 
minus has the right to possess, and is distinguished 
in that respect from the bare possessor, who has 
only the right of possession. He who has the 
ususfructus of a thing, is never considered as owner ; 
and proprietas is the name for that which remains 
after the ususfructus is deducted from the owner- 
ship. Ownership may be either absolute, that is, 
as complete as the law allows any ownership to be, 
or it ' may be limited. The distinction between 
bare ownership and ownership united with the 
beneficial interest, is explained in another place. 
[Bona.] A person who has no ownership of a 
thing, may have rights in or to a thing which, 
as far as they extend, limit the owner's power over 
his property, as hereafter explained. Ownership, 
being in its nature single, can only be conceived 
as belonging to one person ; consequently there 
cannot be several owners of one thing, but several 
persons may own undivided shares or parts of a 
thing. 

As a man's right to deal with a thing and to 
exclude others from the use or enjoyment of it, 
may be limited, this may arise either from his being 
bound to allow to another person a certain use or 
enjoyment of the thing of which he is dominus, or 
from his being bound to abstain from doing certain 
acts on or to his property, and for the benefit of 
some other person. 

This limitation of a man's enjoyment of his own 
is explained under Servitutes. 

In order to acquire ownership, a person must 
have a legal capacity to acquire ; and ownership 
may be acquired by such a person, or by another 
for him. There must also be a thing which can 
be the object of such ownership, and there must 
be a legal mode of acquisition {acquisitio civilis). 
Ownership may be acquired in single things {ac- 
quisitio rerum singularuin), or it may be acquired 
in a number of things of different kinds at once 
{acquisitio per universitatcm),ia which case a person 
acquires them not as individual things, but he ac- 
quires the parts by virtue of acquiring the whole. 
The latter kind of acquisition is either successio inter 
vivos, as in the case where a man adrogates another, 



and so becomes the owner of all the adrogated per- 
son's property (Gaius, iii. 21) ; or it is successio 
mortis causa, as in the case of a testamentary heres, 
or a heres ab intestate 

Acquisitiones per universitatem are properly dis- 
cussed under other heads [Adoptio ; Heres ; 
Successio ; Universitas]. The following re- 
marks apply to acquisitiones rerum singularum. 
Acquisitiones were either civiles {ex jure civili) ; 
or naturales {ex jure gentium), that is, there was no 
formality prescribed for the mode of acquisition : 
in both cases dominium could be acquired. The 
civiles acquisitiones of single things were by manci- 
patio, in jure cessio, and usucapio : those naturali 
jure were by traditio or delivery. In the case of 
res rnancipi, the only modes of acquiring dominium 
were mancipatio, in jure cessio, and usucapio ; but 
usucapio applied also to things nec rnancipi. The 
alienation of things nec rnancipi was the peculiar 
effect of traditio or delivery (Ulp. Frag. xix. 8), 
and if there was a justa causa, that is, some legal 
ground or motive for the delivery, dominium was 
thus acquired ; traditio, in the case of a thing rnan- 
cipi, merely made it in bonis, and the dominium or 
ownership continued unchanged. The notion that 
in the case of res nec rnancipi, bare tradition with 
a justa causa did not confer quiritarian ownership 
or dominium, is erroneous ; for when the Roman 
law did not require peculiar forms, the transfer of 
ownership was effected in what may be called the 
natural way, that is, the simplest and most easy 
way in which the parties to the act could show 
their meaning and carry it into effect. 

A man who was dominus of a thing, whether 
acquired jure civili or naturali, prosecuted his right 
to it in the same way, by the rei vindicatio. He 
could not of course prosecute such a right unless 
he was out of possession ; and, in order to succeed, 
he must prove his ownership. If he had a thing 
in bonis, and was in possession, he could acquire 
the ownership by usucapion : if he was out of pos- 
session, it seems not an improbable conjecture of 
Unterholzner {Rhein. Mus. fur Jurisprud. Erster 
Jahrgang, p. 129), that he was aided in his action 
after the time when the legis actiones fell into dis- 
use and the formula was introduced (for as to a 
previous time it is difficult to form any conjecture) 
by the fiction 1 of his having received the property 
by mancipatio. There are examples of a similar 
fiction in the case of the bonorum possessor and 
the bonorum emtor. (Gaius, iv. 34, 35.) A man 
could only dispose of a legacy by his will per vin- 
dicationem (Ulp. Frag. xxiv. 7) when he had the 
dominium of it : if he had not the dominium, he 
could only give per damnationem or sinendi modo. 
A slave who was the property of his master {domi- 
nus) might attain the Roman civitas by the act of 
manumission : if he was* only in bonis of the person 
who manumitted him, he became a Latinus by the 
act of manumission. The difference between quiri- 
tarian ownership and in bonis was destroyed by 
the legislation of Justinian, who declared in bonis 
to be complete ownership. 

Some modern writers enumerate in addition to 
the civiles acquisitiones here enumerated, addictio, 
emtio sub corona, sectio bonorum, adjudicatio, and 
lex (Ulp. Frag. tit. xix. § 2), by which last they 
understand those circumstances under which some 
special enactment gives property to a person ; and 
caducum [Caducum] is mentioned as an instance. 

A bonae fidei possessio was not ownership (do- 



DOMINIUM. 



DOMUS. 



423 



minium), nor was it the same as in bonis. The 
two things are distinguished by Ulpian {Frag. 
xix. 20, 21). A bonae fidei possessor had a capa- 
city for acquiring by usucapion the ownership of 
the thing which he possessed. He had a kind of 
action, actio publiciana in rem, by which, if he lost 
the possession before he had acquired the owner- 
ship by usucapion, he could recover it against all 
except the owner, or such person as had a better 
right than himself, in which latter respect he dif- 
fered from him who had a thing in bonis, for his 
claim was good against the person who had the 
bare ownership. (Dig. 6. tit. 2.) 

As to fundi provinciates, it was an old prin- 
ciple of Roman law that there could be no domi- 
nium in them, that is, no quiritarian ownership ; 
nor were they said to be in bonis, but the occupier 
had possessio and ususfructus. In fact the terms 
dominium and in bonis were not applicable to pro- 
vincial lands, nor were the fictions that were ap- 
plicable to things in bonis applicable to provincial 
lands ; but it is an ingenious conjecture of Unter- 
holzncr, that the formula actionis was adapted to 
the case of provincial lands by a fiction of then- 
being Italic lands, combined with a fiction of then- 
being acquired by usucapion. In the case of the 
ager publicus in Italy, the dominium was in the 
Roman people, and the terms possessio and pos- 
sessor were appropriate to the enjoyment and the 
person by whom the land was enjoyed. Still 
the property in provincial land was like the pro- 
perty in bonis in Rome and Italy, and it conse- 
quently became dominium after the distinction 
between quiritarian and bonitarian ownership was 
destroyed. 

Ownership was also acquired in the case of oc- 
cnpatio, accessio, &c [Accessio ; Alluvio ; 
Conpcsio.J 

A man, who had a legal capacity, could acquire 
property cither himself or by those who were " in 
potcstate,manu,mancipiove." Hecould even acquire 
thus per universitatem, as in the case of an here- 
ditas ; and he could also thus acquire a legacy. If a 
slave was a man's in bonis, every thing that the slave 
acquired belonged to the owner in bonis, and not to 
him who had the bare quiritarian ownership. If a 
man was the " bona fide possessor " of another per- 
son, whether that person happened to be a freeman 
supposed to be and possessed as a slave, or was the 
property of another, the possessor only acquired the 
ownership of that which the person so possessed ac- 
quired " ex re possidentis " and " ex opens suis." 
The same rule applied to a slave in which a man 
had only the ususfructus ; and the rule was con- 
sistent with the rule just laid down, for ususfructus 
was not property. Hons who were in the power 
of a father, and slaves, of course, could not acquire 
property for themselves. | PecULIUM.] 

Ownership was lost cither with the consent of 
the owner or against it. With the consent, when 
he transferred it to another, which was the general 
mode of acquiring and losing property ; without 
the consent, when the thing perished, when it be- 
came the property of another by accession or usu- 
capion, when it was judicially declared to be the 
property of another, or forfeited by being pledged. 
Ownership was not lost by death, for the hcres 
wns considered to be the same person as the de- 
funct 

As certain persons had not a capacity to acquire, 
so some persons had not the same liability to lose 



that others had. Thus the property of a pupillus 
who was in tutela legitima, could not become the 
property of another by usucapion ; a fundamental 
principle of law which Cicero was surprised that 
his friend Atticus did not know (Ad Alt. i. 5). 

Ownership might be Inst by the Maxima capitis 
diminutio ; when it was the consequence of a con- 
viction for a capital crime, the property was for- 
feited to the state. [Sectio Bonorcm.] The 
media capitis diminutio only effected an incapacity 
for quiritarian ownership : the person could still 
retain or acquire property by the jus gentium ; 
still if the media capitis diminutio was the conse- 
quence of conviction for a capital crime, it had the 
same consequences as the Maxima. (Mackeldey, 
Ijehrbuch, &C, 12th ed. ; Ueber die Versehiedenen 
Alien des Eigenthums, &c. von Unterholzner, It hein. 
Mux. Erster Jahrg. ; Gaius, ii. 1, &c ; Ulp. Frag. 
tit. xix. ; Thibaut, System, &c. § 146. &c, § 242, 
Ac, 9th ed.) [G. L.] 

DOM IN US means master, owner [Domini cm]. 
Dominus is opposed to Servus. as master to slave. 
Plinius, in his letters, always addresses Trajanus 
as Dominus ; but this must be viewed rather as a 
mode of showing his respect than any acknowledg- 
ment of a title. (C. Plinii Caecilii Secundi Ep. 
ed. G. H. Schaefer, p. 500, note.) Domitianus 
claimed the titles of Dominus and Deus. (Dion Cass. 
Ixvii. 13, and the note of Reimarus ; also Martialis, 
Ep. v. 8, and x. 72, when Domitianus was dead.) 
It is said, that Aurelianus first adopted the title 
Dominus on his medals. (Eckhel, Duct. Num. Vet. 
vol. vii. p. 482.) [G. L.] 

DOML'S (o?koi, oiVIo, and in old Greek So/ws), 
a house. 1. Greek. — The arrangement of the 
several parts of the dwellings of the Greeks forms 
one of the most difficult subjects in their antiquities. 
The only regular description of the Greek house, 
that of Vitmvius, is in many respects inconsistent 
with the allusions found in the Greek writers ; 
while those allusions themselves arc far too scanty 
and obscure, to be woven into a clear description. 
It is manifest, also, that the arrangement of the 
parts differed much at different periods. To say 
nothing of the early period when, according to tra- 
dition, rude huts of clay, or wood, or stone, began 
to be used instead of the hollow trees, and caves, and 
clefts in the rocks, in which the savage aborigines 
found shelter (Diod. v. 68, Paus. x. 1 7 ), we have to 
distinguish between the houses, or rather palaces, 
of the heroic age, to which Homer's allusions apply, 
the houses of the historical period down to the 
time of Alexander the Great, and those after his 
time. 

There were also considerable differences between 
the arrangements of a town and a country house. 
All of these had two principal features in com- 
mon. Firstly, in Greece, as in all warm climates, 
the general arrangement of n house of the better 
sort was that of one or more open courts, sur- 
rounded by the various rooms. Secondly, in a 
Greek family the women lived in private a|>art- 
ments allotted to their exclusive use. Heine the 
house was always divided into two distinct por- 
tions, namely, the Andronitit, or men's apart- 
ment* (avtpuvtTtf), and the ( lipturnmiti; or wo- 
men's apartments (yvvatKwviTtt). In the earliest 
times, as in tin- houses referred to by Homer, the 
women's apartment* wen- in the- upper story (intfp- 
wuv}. The same arrangement is found at the time 
of the PelofxHinesian war in the house spoken of 
e r. 4 



424 



DOMUS. 



DOM US. 



by Lysias {De Caed. Eratosth. pp. 12, 13 ; comp. 
Aristoph. Eccles. 961, Thesm. 482). But it does 
not follow that that was the usual custom at this 
period. On the contrary, we have the express 
testimony of several writers, and of Lysias him- 
self among the rest, that the Gynaeconitis was on 
the same story with the Andronitis, and behind it 
(Lysias, c. Simon, p. 139 ; Demosth. c. Euerg. 
p. 1155 ; Xen. Oecon. ix. 5 ; Antiph. de Venif. 
p. 611) ; and even the tragic poets transfer to the 
heroic ages the practice of their own, and describe 
both sets of apartments as on the same floor. (Soph. 
Ocd. Tyr. 1241—1262.) 

The scanty notices of the domestic, or rather the 
palatial architecture of the early Greeks, which we 
find in Homer, are insufficient to give an accurate 
notion of the names, uses, and arrangement of the 
apartments ; besides which, an allowance must no 
doubt be made for poetical exaggeration. The 
various passages and words, in Homer, which 
throw any light upon the subject, are collected and 
discussed by Schneider (Epim. ad Xenoph. Mem. 
iii. 8. § 9), by Krause (in Pauly's Real-Encyclop. 
d. Class. Alterth. s. v. Domus), and by Hirt, who 
gives a ground-plan of the Homeric house (Gesch- 
ichte der Baukunst, vol. i. pp. 208 — 216, and Plate 
VI. fig. 1). The general plan was not very dif- 
ferent from that of the later houses. The chief 
points of difference appear to have been, the posi- 
tion of the women's apartments in the upper story, 
and the great court in front of the house, which 
was wanting at least in the ordinary town dwellings 
of later times. 

We first gain precise information on the subject 
about the time of the Peloponnesian war ; and 
from the allusions made by Greek writers to the 
houses of this and the immediately subsequent pe- 
riods, till the time of Alexander, we may conclude 
that their general arrangement corresponded with 
that described by Vitruvius (vi. 7, Schneider). In 
this description, however, there is one considerable 
difficulty, among others of less importance. Vitru- 
vius seems to describe the Gynaeconitis as lying 
before the Andronitis, an arrangement alike incon- 
sistent with the careful state of seclusion in which 
the Greek women were kept, and also with the 
allusions in the writers of the period, who, as above 
stated, almost uniformly refer to the two sets of 
apartments as being on the same floor, the Gynae- 
conitis behind the Andronitis. Becker (C'hari/des, 
vol. i. pp. 184, 185) notices the different explana- 
tions which have been given of the inconsistency 
between the statements and the description of 
Vitruvius, the most, plausible of which is that of 
Galiani, namely, that in the time of Vitruvius a 
slight change had taken place in the disposition of 
the apartments, by which the Andronitis and Gy- 
naeconitis were placed side by side, each of them 
having its own front towards the street, and its 
own entrance. It is also very likely that Vitruvius 
to some extent misunderstood the descriptions given 
by his Greek authorities. 

The front of the house towards the street was 
not large, as the apartments extended rather in 
the direction of its depth than of its width. In 
towns the houses were often built side by side, 
with party walls between. (Thucyd. ii. 3.) The 
exterior wall was plain, being composed generally 
of stone, brick, and timber (Xen. Mem. iii. 1. § 7; 
Demosth. ITepl 2ueTa£. p. 175), and often covered 
with stucco. (Plutarch. Comp. Arist. et Cat. 4). 



Plutarch speaks of Phocion's house as being orna- 
mented with plates of iron. (Plut. Phoc. 18.) 

The general character of the ordinary houses in 
towns was very plain, even at the time of the 
Peloponnesian war ; the Greeks preferring to ex- 
pend their wealth on temples and other public 
buildings. The ease with which the Plataeans 
broke through the party walls of their houses, to 
communicate with one another, in the instance 
just quoted, shows how indifferently they were 
constructed ; and even at Athens, in the time of 
Pericles, foreigners were struck by the contrast 
between the splendour of the public buildings and 
the mean dwellings of the common people. (Thuc. 
ii. 14, 65 ; Dicaearch. Stat. Graec. p. 8.) 

Xenophon (Mem. iii. 8. §§ 9, 10) represents 
Socrates as stating briefly the chief requisites of a 
good house : that it should be cool in summer and 
warm in winter, and that the apartments should 
furnish convenient abodes for the family, and safe 
receptacles for their property : for the former pur- 
pose, the chief apartments should face the south, 
and should be lofty, so as to receive the full rays 
of the sun in winter, and to be shaded by their 
projecting roofs in summer ; and that those facing 
the north should be lower, for the sake of shelter. 
Paintings and elaborate decorations, he says, de- 
stroy more pleasures than they furnish. 

The advance of luxury, after the time of 
Alexander the Great, caused a corresponding im- 
provement in the dwelling-houses of the principal 
Greek cities, which had already begun to receive 
more attention, in proportion as the public build- 
ings were neglected. (Demosth. in Aristocr. p. 
689, Olynth. iii. p. 36.) It is probably to the 
larger and more splendid houses of this period 
that the description of Vitruvius applies ; but there 
is no reason to suppose that the general arrange- 
ments of the previous period were much altered. 
The following description, therefore, which is de- 
rived from a comparison of Vitruvius with the 
allusions in the Greek writers, will serve for the 
probable arrangements (for further we cannot go) 
of the Greek house, at the time of the Pelopon- 
nesian war and onwards. 

That there was no open space between the 
street and the house-door, like the Roman vesti- 
bulum, is plain from the law of Hippias, which laid 
a tax on house-doors opening outwards, because 
they encroached upon the street. (Aristot. Oecon. 
ii. 6, p. 1347. Bekk.) The irpoBvpov, which is 
sometimes mentioned (Herod, vi. 35), seems to be 
merely the space in front of the house. We learn, 
however, from the same law of Hippias, that 
houses sometimes stood back from the street, with- 
in enclosures of their own (irpo(ppa,yij.aTa or $pv<pa- 
kto(, Heracl. Pont. Polit. 1). In front of the 
house was generally an altar of Apollo Agyieus, 
or a rude obelisk emblematical of the god. Some- 
times there was a laurel tree in the same position, 
and sometimes a terminal bust of the god Hermes. 
(Thucyd. vi. 27 ; Aristoph. Plut. 1153.) 

A few steps (a.va§a6jxoi) led up to the house- 
door, which generally bore some inscription, for 
the sake of a good omen, or as a charm, such as 
EiaoSos KpaTrjTi 'AyaBip Am'/uovi. (Plutarch, Frag. 
Vit. Crat. ; Diog. Laert. vi. 50.) The form and 
fastenings of the door are described under Janua. 
This door, as we have seen, sometimes opened out- 
wards ; but the opposite was the general rule, as 
is proved by the expressions used for opening, 



DOMUS. 



DOMUS. 



425 



ivSovvat, and shutting it, e7rii77ra<rao'8oi and i<pe\- 
kv<tout6cu. (Plutarch. Pelop. 1 1, Dio, 57.) The 
handles were called iir lairaar fipts. 

The house-door was called avKeios or aS\eia 
Svpa (Pind. Nem. i. 19 ; Harpocr. s. v. ; Eustath. 
cd Ilicul, xxii. G6), because it led to the av\-ri. It 
give admittance to a narrow passage (Svpwptiov, 
■xvKwv, dvpuy), on one side of which, in a large 
home, were the stables, on the other the porter's 
lodge. The duty of the porter (dvpwpds) was to 
admit visitors, and to prevent anything improper 
from b<ing carried into or out of the house. (Aristot. 
Oecon. \ 6.) Plato (Protag. p. 314.) gives a lively 
picture of an officious porter. The porter was 
attended hy a dog. ( Apollod. apud At/ien. i. p. 3 ; 
Theocr. xv. 43 ; Aristoph. T/iesm. 416, E'/uii. 
1025.) Hence the phrase tiikaSeivBai tt\v kvvo. 
(Aristoph. Lysist. 1215), corresponding to the 
Latin Cave ainem. 

At the further end of the passage Vitruvius 
places another door, which, however, does not 
seem generally to have existed. Plutarch (de 
Gen. Socr. 18) mentions the house-door as being 
visible from the peristyle. 

From the dvpvpuov we pass into the peristyle 
or court (irtpiarliXiov, ab\4i) of the Andronitis, 
which was a space open to the sky in the centre 
(u*ai8pov ), and surrounded on all four sides by 
porticoes (otocu), of which one, probably that 
nearest the entrance, was called irpoo-r<W (Plato, 
I'rotug. pp. 314, 315). These porticoes were used 
for exercise, and sometimes for dining in. (Pollux, 
i. 78 ; Plato, Symp. p. 212, Prolog, p. 31 1 ; Plu- 
tarch, de Gen. Soar. 32.) Here was commonly 
the altar on which sacrifices were offered to the 
household gods, but frequently portable altars 
were used for this purpose. (Plato, de HcpuU. i. 
p. 328.) Vitruvius (I.e.) says that the porticoes 
of the peristyle were of equal height, or else the 
one facing the south wa3 built with loftier columns. 
This he calls a Rhodian peristyle ; and it cor- 
responds with the arrangement recommended by 
Xcnophon, for the purpose of obtaining as much 
sun in winter, and as much shade and air in sum- 
mer, as possible. (Xen. Occou. ix. 4 ; Mem. iii. 8. 
§ 9 ; Aristot. Oecon. i. 6.) 

Knund the peristyle were arranged the chambers 
used by the men (o7koi, av&puvcs), such as ban- 
queting rooms, which were large enough to con- 
tain several sets of couches (TptftAieoi, (TrraKAifoi, 
TpiaxoiTOKAii'oi), and at the same time to allow 
abundant room for attendants, musicians, and per- 
formers of frames (Vitruv. /. <-. ; Xen. Symp. i. I. 
§13; Plutarch. Symp. v. 5. § 2 ; Aristoph. EccUl. 
6'76) ; parlours or sitting rooms (l^i&pai), and 
smaller chambers and sleeping rooms i oa-waxia, 
koitcSvm, oiKi'juara) ; picture-galleries and libraries, 
and sometimes store-rooms ; and in the arrange- 
ment of these apartments attention was paid to 
tle-ir aspect. (Vitruv. /. r. ; l.vsias, de Caede Era- 
tosth. p. 28, in Eratosth. p. 389 ; Aristoph. EceUs. 
8, 14 ; Pollux, i. 79; Plato, Prolog, pp. 314. 316.) 

The peristyle of the Andronitis was connected 
with that of the Oynaeconitis by a door called 
fttravKot, p»irav\oi, or pttravKtos, which was in 
the middle of the portico of the peristyle opposite 
to the entrance. Vitrmiua applies the name 
piaavKot to a passage between the two peristyles, 
in which was the pioav\n% diipa. By means of 
this dour all communication beiwrrn the Andronitis 
and the Oynaeconitis could be shut olf. Its uses 



are mentioned by Xenophon, who calls it Svpa 
HaXavwrds (Oecon. ix. 5 ; compare Plut. A rat. 20). 
Its name pdvavkos is evidently derived from 
lito-os, and means the door between the two ai\al 
or peristyles. (Suidas s. 0. Meaav\tov : Ael. Dion. 
apud Eustath. ad Iliad, xi. 547 ; Schol. in Apoll. 
Iiliod. iii. 335.) The other name, piravKos, is 
taken by some writers as merely the Attic form of 
peo-av\os. (Moer. Att. p. 2G4.) But it should 
rather be derived from perd, as being the door 
behind or beyond the aiiKr], with respect to the 
alKttos dvpa. (Lysias, de Cacd. Erat. p. 20 ; Plut. 
Symp. vii. 1 ; Ael. Dion, apud Eustath. I. c.) It 
should be observed that in the house described 
by Vitruvius, if the Andronitis and Oynaeconitis 
lay side by side, the pe<rav\os dvpa would not be 
opposite to the entrance, but in one of the other 
sides of the peristyle. 

This door gave admittance to the peristyle of 
the Gynacconitis, which differed from that of the 
Andronitis in having porticoes round only three of 
its sides. On the fourth side, that opposite to the 
ptaavKos dvpa (the side facing the south, accord- 
ing to Vitruvius), were placed two antae [Antae], 
at a considerable distance from each other. A 
third of the distance between these antae was set 
off inwards (Vitruv. I.e. § 1. Quantum inter anlas 
distat, ex eo tertia dempta spatium datur introrsus), 
thus forming a chamber or vestibule, which was 
called irpoo-ras, napaOTas and perhaps irotrTos, and 
also irp6Bopos ; although some of the later Greek 
writers apply the word irp65opos to the vestibule 
of the Andronitis, and such seems to have been 
its meaning in Homer's time. (Pollux ; Suid. ; 
Hesych. ; EtymoL Mag. ; Vitruv. /. c.) On the 
right and left of this irpoards were two bed- 
chambers, the SaKapos and ap<pi6d\apos, of which 
the former was the principal bed-chamber of the 
house, and here also seem to have been kept the 
vases, and other valuable articles of ornament. 
(Xen. Oecon. ix. 3.) Beyond these rooms (for this 
seems to be what Vitruvius means by M his locis 
introrsus) were large apartments (iaruvts) used 
for working in wool (oeci magni, in quibus mat res 
familiurum cum lunificis haocnt sessionem, Vitruv.). 
Hound the peristyle were the eating-rooms, bed- 
chambers, store-rooms, and other apartments in 
common use (triclinia quotidiana, cubicula, cl celiac 
familiaricae). 

Besides the al/Aeios dupa and the ptaauKos 
dvpa, there was a third door (/CTprai'a diipa) lead- 
ing to the garden. (Pollux, i. 70 ; Demosth. in 
Euenj. p. 1155; Lysias, in Emiosth. p. 393.) 
Lysias (/. c. p. 391) speaks of another door, which 
probably led from the garden into the street. 

There was usually, though not always, an upper 
story (inrtpfov, oir\pa), which seldom extended 
over the whole space occupied by the lower story. 
The principal use of the upper story was for the 
lodging of the slaves. (Demosth. in Eucrg. p. 1 150, 
where the words iv rif irvpyip seem to imply a 
building several stories high.) The access to the 
upper floor seems to have been sometimes by stairs 
on the outside of the house, leading up from the 
street, (incuts were also lodged in the upper 
story. (Antiph. de I'rnrf. p. <i\l.) But in some 

large houses there wen' r set apart for their 

reception (Itvwim) on tin- ground floor. (Vitruv. 
Le.\ Pollux, iv. 125; Eurip. Alcrd. 664) In 
chh of emergency itare-roonu wen- titled up for the 

accommodation of guests. (IM.it'., 1'rntmj. p. 315.) 



426 



DOMUS. 



DOMUS. 



Portions of the upper story sometimes projected 
beyond the walls of the lower part, forming bal- 
conies or verandahs (7rpogoAal, yeio-nroo'io-nara, 
Pollux, i. 81). 

The following plan of the ground-floor of a Greek 
house of the larger size is taken from Bekker's 
Charikles. It is of course conjectural, as there are 
no Greek houses in existence. Other plans, differ- 
ing very much from this and from one another, 
are given by Hirt, Stieglitz, and the commentators 
on Vitruvius. 



X 




(X- 



o, House-door, a&Xetos Supa : Svp. passage, 
Sivpapiiov or Svpdv : A, peristyle or avAi) of the 
Andronitis : o, the halls and chambers of the An- 
dronitis ; fi, fieravkos or jj.4aa.vXos Sivpa : T, peri- 
style of the Gynaeconitis ; 7, chambers of the 
Gynaeconitis ; it, upoaTas or irapaffras : 6, Sd\a- 
/j.os and afup16dha.1x.os : I, rooms for working in 
wool (iVTftic6s) ; K, garden-door, Kijirala &vpa. 

The roofs were generally flat, and it was cus- 
tomary to walk about upon them. (Lysias, adv. 
Simon, p. 142 ; Plaut. Mil. ii. 2. 3.) But pointed 
roofs were also used. (Pollux, i. 81.) 

In the interior of the house the place of doors 
was sometimes supplied by curtains (irapcnreTa(T- 
/j.aTa), which were either plain, or dyed, or em- 
broidered. (Pollux, x. 32 ; Theophrast. 5.) 

The principal openings for the admission of light 
and air were in the roofs of the peristyles ; but it 
is incorrect to suppose that the houses had no 
windows (&vpi8es), or at least none overlooking 
the street. They were not at all uncommon. 
(Aristoph. Thesm. 797, Eccles. 961 ; Plutarch, de 
Curios. 13, Dion, 56.) 

Artificial warmth was procured partly by means 
of fire-places. It is supposed that chimneys were 
altogether unknown, and that the smoke escaped 
through an opening in the roof (Kairvo56it7i, Herod, 
viii. 137). It is not easy to understand how this 
could be the case when there was an upper story. 

Little portable stoves (iaxdpai, eVxapi'Ses) r 
chafing dishes (dvOpaKia) were frequently used. 



(Plutarch. Apophth. i. p. 717; Aristoph. Vesp. 811 
Pollux, vi. 89, x. 101.) [Focus.] 

The decorations of the interior were very plain 
at the period to which our description refers. The 
floors were of stone. At a late period coloured 
stones were used. (Plin. H. N. xxxvi. 25. s. 60.) 
Mosaics are first mentioned as introduced under 
the kings of Pergamus. 

The walls, up to the fourth century b. c, seem 
to have been only whited. The first instance of 
painting them is that of Alcibiades. (Andoc. in 
Akib. p. 119 ; Plutarch. Aldb. 16.) This inno- 
vation met with considerable opposition. (Xen. 
Mem. iii. 8. § 10 ; Oecon. ix. 2.) Plato mentions 
the painting of the walls of houses as a mark of 
a Tpv(p£cra ir6\is (Repub. iii. pp. 372, 373). These 
allusions prove that the practice was not uncommon 
in the time of Plato and Xenophon. We have 
also mention of painted ceilings at the same period. 
(Plato, Repub. vii. 529.) At a later period this 
mode of decoration became general. (The com- 
mentators on Vitruvius, I. c. ; Schneider, Epim. ad 
Xen. Mem. ; Hirt, Die Lelire der Gebaude, pp.287 
— 289 ; Stieglitz, Archdol. d. Eauhunst, vol. ii. 
pt. 2. pp. 150 — 159; Becker, Charikles, vol. i. pp. 
166—205.) [P. S.] 

2. Roman. The houses of the Romans were 
poor and mean for many centuries after the found- 
ation of the city. Till the war with Pyrrhus the 
houses were covered only with thatch or shingles 
(Plin. H. N. xvi. 15), and were usually built of 
wood or unbaked bricks. It was not till the latter 
times of the republic, when wealth had been ac- 
quired by conquests in the East, that houses of any 
splendour began to be built ; but it then became 
the fashion not only to build houses of an immense 
size, but also to adorn them with columns, paint- 
ings, statues, and costly works of art. 

M. Lepidus, who was consul B. c. 78, was the 
first who introduced Numidian marble into Rome 
for the purpose of paving the threshold of his 
house ; but the fashion of building magnificent 
houses increased so rapidly that the house of Le- 
pidus, which, in his consulship, was the first in 
Rome, was, thirty-five years later, eclipsed by a 
hundred others. (Id. xxxvi. 8. 24. § 4.) Lucullus 
especially surpassed all his contemporaries in the 
magnificence ' of his houses and the splendour of 
their decorations. Marble columns were first in- 
troduced into private houses by the orator L. Cras- 
sus, but they did not exceed twelve feet in height, 
and were only six in number. (Id. xvii. 1, xxxvi. 
3.) He was soon outdone by M. Scaurus, who 
placed in his atrium columns of black marble, 
called Lucullean, thirty-eight feet high, and of 
such immense weight that the contractor of the 
sewers took security for any injury that might be 
done to the sewers in consequence of the columns 
being carried along the streets. (Id. xxxvi. 2.) 

The Romans were exceedingly partial to marble 
for the decoration of their houses. Mamurra, 
who was Caesar's praefectus fabrum in Gaul, set 
the example of lining his room with slabs of mar- 
ble. (Id. xxxvi. 7.) Some idea may be formed of 
the size and magnificence of the houses of the 
Roman nobles during the later times of the re- 
public by the price which they fetched. The con- 
sul Messalla bought the house of Autronius for 
3700 sestertia (nearly 33,000^.), and Cicero the 
house of Crassus, on the Palatine, for 3500 ses- 
tertia (nearly 31,000^.). (Cic. ad Att. i. 13, ad 



DOMUS. 



DOMUS. 



427 



Fam. v. 6.) The house of P. Clodius, whom Milo 
killed, cost 14,H00 sestertia (about 131,000/.) ; and 
the Tusculan villa of Scaurus was fitted up with 
such magnificence, that when it was burnt by his 
slaves, he lost 100,000 sestertia, upwards of 
885,000/. (Plin. H. N. xxxvi. 24.) The house- 
rent, which persons in poor circumstances usually 
paid at Rome, was about 2000 sesterces, between 
17/. and 18/. (Suet. Jul. 38.) It was brought as 
a charge of extravagance against Caelius that he 
paid 30 sestertia (about 266/.) for the rent of his 
house. (Cic. pro Cad. 7.) 

Houses were originally only one story high ; 
but as the value of ground increased in the city 
they were built several stories in height. In many 
houses each story was let out to separate tenants, 
the highest floors being usually inhabited by the 
poor. (Cic. Ayr. ii. 3.5 ; Hor. Ep. i. I. 91 ; Juv. 
Sat. iii. 268, 6cc, x. 17.) To guard against danger 
from the extreme height of houses, Augustus re- 
stricted the height of all new houses which were 
built by the side of the public roads to seventy 
feet. (Strab. v. p. 235.) Till the time of Nero, 
the streets in Home were narrow and irregular, 
and bore traces of the haste and confusion with 
which the city was built after it had been burnt 
by the Gauls ; but after the great fire in the time 
of that emperor, by which two-thirds of Rome 
was burnt to the ground, the city was built with 
great regularity. The streets were made straight 
and broad ; the height of the houses was re- 
stricted, and a certain part of each was required 
to be built of Oabian or Alban stone, which was 
proof against fire. (Tacit. Ann. xv. 43 ; Suet. 
Net. 38.) 

Our information respecting the form and ar- 
rangement of a Roman house is principally derived 
from the description of Vitruvius, and the remains 
of the houses which have been found at Pompeii. 
Many points, however, are still doubtful ; but 
without entering into architectural details, we 
shall confine ourselves to those topics which serve 
to illustrate the classical writers. The chief rooms 
in the house of a respectable Roman, though dif- 
fering of course in size and splendour according to 
the circumstances of the owner, appear to have 
been usually arranged in the same manner ; while 
the others varied according to the taste and cir- 
cumstances of the master. 

The principal jiarts of a Roman house were 
the 1. Vcstiliulum, 2. Ostium, 3. Atrium or Cavum 
Aedium, 4. Alae, 5. TaUinum, 6. Fauces, 7. 1'e- 
ristytium. The parts of a house which were con- 
sidered of less importance, and of which the 
arrangement differed in different houses, were the 

1. f.'uhirnlii, 2. Trirlinin, (Jut. I. Einlrm; 5. 
I'intirotheai-, 6. liihliothcai, 7. Halinnim, 8. (,'ulina, 
!). furnnrnlii, \\). hi't't'i, II. Solaria. We .-hall 
sp ak of each in order. 

1. Vcntiiiulvm. The vcstibulum did not pro- 
perly form part of the house, but was a vacant 
•pace before the door, forming a court, which was 
surrounded on three sides by the house, and was 
open on the fourth to the street. The two sides 
of the house joined the street, but the middle part 
of it, where the door was placed, was at Borne 
little distance from the street (Gell. xvi. 5 ; 
Marroh. .W. vi. 8.) Hence Plautus (Mostrll. iii. 

2. 132) says, " Viden' vcstibulum ante aedes hoc 
et ambulacrum qnoiusmodi ?" 

2. OSTIUM. The ostium, which is also called 



janua and fores, was the entrance to the house. 
The street-door admitted into a hall, to which the 
name of ostium was also given, and in which there 
was frequently a small room (cella) for the porter 
{janitor or osliarius), and also for a dog, which 
was usually kept in the hall to guard the house. 
A full account of this part of the house is given 
under Janda. Another door (janua interior) op- 
posite the street door led into the atrium. 

3. Atriu.m or Cavu.m Abdium, as it is written 
by Yarro and Vitruvius ; Pliny writes it Cavae- 
dium. Hirt, Muller (Etrusker, vol. i. p. 255), 
Marini, and most modern writers, consider the 
Atrium and Cavum Aedium to be the same ; but 
Newton, Stratico, and more recently Becker [Gal- 
lus, vol. i. p. 77, &c), maintain that they were 
distinct rooms. It is impossible to give a decisive 
opinion on the subject ; but from the statements of 
Yarro (De Lint). Lai. v. 161, Muller) and Vitru- 
vius (vi. 3, 4, Bipont), taken in connection with 
the fact that no houses in Pompeii have been yet 
discovered which contain both an Atrium and 
Cavum Aedium, it is most probable that they 
were the same. The Atrium or Cavum Aedium 
was a large apartment roofed over with the excep- 
tion of an opening in the centre, called complu- 
rium, towards which the roof sloped so as to throw 
the rain-water into a cistern in the floor, termed 
im/Jucium (Varro, /. c. ; Festus, s. r. Imphivium), 
which was frequently ornamented with statues, 
columns, and other works of art. (Cic. c. t'err. ii. 
23, 56.) The word iniplueium, however, is also 
employed to denote the aperture in the roof. (Ter. 
Eun. iii. 5. 41.) Schneider, in his commentary on 
Vitruvius, supposes cavum aedium to mean the 
whole of this apartment including the impluviuni, 
while atrium signified only the covered part ex- 
clusive of the imphivium. Mazois, on the con- 
trary, maintains that atrium is applied to the 
whole apattment, and cavum aedium only to the 
uncovered part. The breadth of the imphivium, 
according to Vitruvius (vi. 4), was not less than a 
quarter nor greater than a third of the breadth of 
the atrium ; its length was in the same proportion 
according to the length of the atrium. 

Vitruvius (vi 3) distinguishes five kinds of atria 
or cava aedium, which were called by the follow- 
ing names : — 

(1.) Tuscanicum. In this the roof was sup- 
ported by four beams, crossing each other at right 
angles, the included space forming the complu- 
vium. This kind of atrium was probably the most 
ancient of all, as it is more simple than the others, 
and is not adapted for a very large building. 

(2.) 7'eirasti/lum. This was of the same form 
lis the preceding, except that the main beams of 
the roof were supported by pillars, placed at the 
four angles of the imphivium. 

(3.) ('orinthium was on the same principle as 
the tetrnstyle, only that there were a greater num- 
ber of pilku-3 around the imphivium, on which the 
beams of the roof rested. 

(4.) JJispluviatum had its roof sloping the con- 
trary way to the imphivium, so that the water fell 
outside the house instead of being carried into the 
impluvium. 

(5.) 'J'rsliuiinatitm was roofed all over and had 
no compluvium. 

The atrium was the most important room in tho 
house, and nmong the wealthy was fitted up with 
much splendour and magnificence. (Compare Hor. 



428 



DOMUS. 



DOMUS. 



Carm. iii. 1. 46.) The marble columns of Scaurus 
already spoken of were placed in the atrium. The 
atrium appears originally to have been the only 
sitting-room in the house, and to have served also 
as a kitchen (Serv. ad Virg. Aen. i. 726, iii. 353) ; 
and it probably continued to do so among the 
lower and middle classes. In the houses of the 
wealthy, however, it was distinct from the private 
apartments, and was used as a reception room, 
where the patron received his clients, and the 
great and noble the numerous visitors who were 
accustomed to call every morning to pay their re- 
spects or solicit favours. (Hor. Ep. i. 5. 30 ; Juv. 
vii. 7, 91.) Cicero frequently complains that he 
was not exempt from this annoyance, when he 
retired to his country-houses. (Ad Att. ii. 14, v. 
2, &c.) But though the atrium does not appear 
to have been used by the wealthy as a sitting- 
room for the family, it still continued to be em- 
ployed for many purposes which it had originally 
served. Thus the nuptial couch was placed in the 
atrium opposite* the door (in aula, Hor. Ep. i. 1. 
■ 87 ; Ascon. in Cic. pro Mil. p. 43, Orelli), and 
also the instruments and materials for spinning 
and weaving, which were formerly carried on by 
the women of the family in this room. (Ascon. 
L c.) Here also the images of their ancestors 
were placed (Juv. viii. 19 ; Mart. ii. 90), and the 
focus or fire-place, which possessed a sacred cha- 
racter, being dedicated to the Lares of each family. 
[Focus.] 

4. Alae, wings, were small apartments or re- 
cesses on the left and right sides of the atrium. 
(Vitruv. vi. 4.) 

5. Tabunum was in all probability a recess or 
room at the further end of the atrium opposite the 
door leading into the hall, and was regarded as 
part of the atrium. It contained the family records 
and archives. (Vitruv. vi. 4 ; Festus, s. v. ; Plin. 
H. N. xxxv. 2.) 

With the tablinum, the Roman house appears 
to have originally ceased ; and the sleeping rooms 
were probably arranged on each side of the atrium. 
But when the atrium and its surrounding rooms 
were used for the reception of clients and other 
public visitors, it became necessary to increase the 
size of the house ; and the following rooms were 
accordingly added : — 

6. Fauces appear to have been passages, which 
passed from the atrium to the peristylium or in- 
terior of the house. (Vitruv. vi. 3.) 

7. Peristylium was in its general form like 
the atrium, but it was one-third greater in breadth, 
measured transversely, than in length. (Vitruv. 
vi. 4.) It was a court open to the sky in the 
middle ; the open part, which was surrounded by 
columns, was larger than the impluvium in the 
atrium, and was frequently decorated with flowers 
and shrubs. 

The arrangement of the rooms, which are next 
to be noticed, varied, as has been remarked, ac- 
cording to the taste and circumstances of the 
owner. It is therefore impossible to assign to 
them any regular place in the house. 

1 . Cubicula, bed-chambers, appear to have been 
usually small. There were separate cubicula for 
the day and night (cubicula diurna et noclurna, 
Plin. Ep. i. 3) ; the latter were also called dormi- 
toria. (Id. v. 6 ; Plin. H. N. xxx. 17.) Vitruvius 
(vi. 7) recommends that they should face the east 
for the benefit of the rising sun. They some- 



times had a small ante-room, which was called by 
the Greek name of ■kookovt&v. (Plin. Ep. ii. 17.) 

2. Triclinia, dining-rooms, are treated of in a 
separate article. [Triclinium.] 

3. Oeci, from the Greek oTkos, were spacious 
halls or saloons borrowed from the Greeks, and 
were frequently used as triclinia. They were to 
have the same proportions as triclinia, but were to 
be more spacious on account of having columns, 
which triclinia had not. (Vitruv. vi. 5.) Vitru- 
vius mentions four kinds of oeci : — 

(1.) The Tetrastyle, which needs no further de- 
scription. Four columns supported the roof. 

(2.) The Corinthian, which possessed only one 
row of columns, supporting the architrave (episty- 
liuni), cornice (corona), and a vaulted roof. 

(3.) The Aegyptian, which was more splendid 
and more like a basilica than a Corinthian tricli- 
nium. In the Aegyptian oecus, the pillars sup- 
ported a gallery with paved floor, which formed a 
walk round the apartment ; and upon these pillars 
others were placed, a fourth part less in height 
than the lower, which surrounded the roof. Be- 
tween the upper columns windows were inserted. 

(4.) The Cyzicene (Kv^iktjvo'l) appears in the 
time of Vitruvius to have been seldom used in 
Italy. These oeci were meant for summer use, 
looking to the north, and, if possible, facing gar- 
dens, to which they opened by folding-doors. 
Pliny had oeci of this kind in his villa. 

4. Exedrae, which appear to have been in 
form much the same as the oeci, for Vitruvius (vi. 
5) speaks of the exedrae in connection with oeci 
quadrati, were rooms for conversation and the 
other purposes of society. (Cic. de Nat. Deor. i. 6, 
De Orat. iii. S.) They served the same purposes 
as the exedrae in the Thermae and Gymnasia, 
which were semicircular rooms with seats for phi- 
losophers and others to converse in. (Vitruv. v. 11, 
vii. 9 ; Balneae.) 

5. 6, 7. Pinacotheca, Bibliotheca, and 
Balineum [see Balneae], are treated of in 
separate articles. 

8. Culina, the kitchen. The food was origin- 
ally cooked in the atrium, as has been already 
stated ; but the progress of refinement afterwards 
led to the use of another part of the house for this 
purpose. In the kitchen of Pansa's house, of 
which a ground-plan is given below, a stove for 
stews and similar preparations was found, very 
much like the charcoal stoves used in the present 
day. (See woodcut.) Before it lie a knife, a 
strainer, and a kind of frying-pan with four 
spherical cavities, as if it were meant to cook 




DOMU& 

In this kitchen, as well a3 in many others at 
Pompeii, there are paintings of the Lares or do- 
mestic gods, under whose care the provisions and 
all the cooking utensils were placed. 

9. Coenacula properly signified rooms to dine 
in ; but after it became the fashion to dine in the 
upper part of the house, the whole of the rooms 
above the ground-floor were called coenarula (Varr. 
de Ling. Lot. v. 162, MUller), and hence Festus 
says, " Coenacula dicuntur, ad quae scalis ascendi- 
tur." (Compare Dig. 'J. tit. 3. s. 1.) As the rooms 
on the ground-floor were of different heights and 
sometimes reached to the roof, all the rooms on 
the upper story could not be united with one an- 
other, and consequently different sets of stairs 
would be needed to connect them with the lower 
part of the house, as we find to be the case in 
houses at Pompeii. Sometimes the stairs had no 
connection with the lower part of the house, but 
ascended at once from the street. (Liv. xxxix. 14.) 

10. Diaeta was an apartment used for dining 
in, and for the other purposes of life. (Plin. Ep. ii. 
17; Suet. Claud. 10.) It appears to have been 



DOMUS. 



42.' 



smaller than the triclinium. Diaeta is also the 
name given by Pliny (Ep. vi. 5) to rooms contain- 
ing three or four bed-chambers (culicula). Plea- 
sure-houses or summer-houses are also called di- 
aetae. (Dig. 30. tit 1. s. 43 ; 7. tit. 1. s. 13. 
§8.) 

1 1 . Solaria, properly places for basking in 
the sun, were terraces on the tops of houses. 
(Plaut Mil. ii. 3. 69, ii. 4. 26 ; SueL A T er. 16.) 
In the time of Seneca the Romans formed artificial 
gardens on the tops of their houses, which con- 
tained even fruit-trees and fish-ponds. (Sen. Ep. 
122, Contr. Ejtc. v. 5 ; Suet. Claud. 10.) 

The two woodcuts annexed represent two atria 
of houses at Pompeii. The first is the atrium of 
what is usually called the house of the Quaestor. 
The view is taken near the entrance-hall facing the 
tablinum, through which the columns of the pen- 
style and the garden are seen. This atrium, which 
is a specimen of what Vitruvius calls the Corin- 
thian, is surrounded by various rooms, and is 
beautifully painted with arabesque designs upon 
red and yellow grounds. 




The next woodcut represents the atrium of 
what is usually called the house of Ceres. In the 
centre is the impluvium, and the passage at the 
further end is the ostium or entrance-hall. As 
then are no pillars around the impluvium, this 
atrium must belong to the kind called by Vitruvius 
the Tuscan. 




The preceding account of the different rooms, 
and especially of the arrangement of the atrium, 
tablinum, peristyle, Sec, is best illustrated by the 
houses which have been disinterred at Pompeii. 
The ground-plan of two is accordingly subjoined. 
The first is the plan of a house, usually called the 
house of the tragic poet 

Like most of the other houses at Pompeii, it 
had no vcstibulum according to the meaning which 
we have attached to the word. 1. The ostium or 
entrance hall, which is six feet wide and nearly 
thirty long. Near the street door there is a figure 
of a large fierce dog worked in mosaic on tin- 
pavement, and beneath it is written Cam Canem. 
The two large rooms on each side of the vestibule 
appear from the large openings in front of them to 
have been shops ; they communicate with the en- 
trance hall, and were therefore probably occupied 
by the master of the house. 2. The atrium, which 
is about twenty -eight feet in length and twentv in 
breadth ; its impluvium is near the centre of the 
room, and it» floor is paved with white tesserae, 
spotted with black. 3. Chambers for the use of 



430 



DOMUS. 



DOMUS. 



—3 

1 


8 


1 

I 






the family, or intended for the reception of guests, 
who were entitled to claim hospitality. When 
a house did not possess an hospitium, or rooms 
expressly for the reception of guests, they ap- 
pear to have heen lodged in rooms attached to 
the atrium. [Hospitium.] 4. A small room with 
a stair-case leading up to the upper rooms. 5. 
Alae. 6. The tablinum. 7. The fauces. 8. Peri- 
style, with Doric columns and garden in the centre. 
The large room on the right of the peristyle is the 
triclinium ; beside it is the lytchen ; and the 
smaller apartments are cubicula and other rooms 
for the use of the family. 

The next woodcut contains the ground-plan of 
an insula, which was properly a house not joined 
to the neighbouring houses by a common wall. 
(Festus, s. v.) An insula, however, generally 
contained several separate houses, or at least 
separate apartments or shops, which were let to 
different families ; and hence the term domus 
under the emperors appears to be applied to the 
house where one family lived, whether it were an 
insula or not, and insula to any hired lodgings. 
This insula contains a house, surrounded by shops, 
which belonged to the owner and were let out by 
him. The house itself, which is usually called the 
house of Pansa, evidently belonged to one of the 
principal men of Pompeii. Including the garden, 
which is a third of the whole length, it is about 
300 feet'long and 100 wide. 

A. Ostium, or entrance-hall, paved with mosaic. 

B. Tuscan atrium. I. Impluvium. C. Chambers 
on each side of the atrium, probably for the recep- 
tion of guests. D. Ala. E. Tablinum, which is 
open to the peristyle, so that the whole length of 
the house could be seen at once ; but as there is a 
passage (fauces), F, beside it, the tablinum might 
probably be closed at the pleasure of the owner. 

C. Chambers by the fauces and tablinum, of which 
the use is uncertain. G. Peristyle. D. Ala to 
the peristyle. C. Cubicula by the side of the 
peristyle. K. Triclinium. L. Oecus, and by its 
side there is a passage leading from the peristyle 
to the garden. M. Back door {posticum ostium) to 




the street. N. Culina. H. Servants' hall, with 
a back door to the street. P. Portico of two stories, 
which proves that the house had an upper floor. 
The site of the staircase, however, is unknown, 
though it is thought there is some indication of 
one in the passage, M. Q. The garden. R. Reser- 
voir for supplying a tank, S. 

The preceding rooms belonged exclusively to 
Pansa's house ; but there were a good many apart- 
ments besides in the insula, which were not in his 
occupation, a. Six shops let out to tenants. Those 
on the right and left hand corners were bakers' 
shops, which contained mills, ovens, &c. at b. The 
one on the right appears to have been a large 
establishment, as it contains many rooms, c. Two 
houses of a very mean class, having formerly an 
upper story. On the other side are two houses 
much larger, d. 

Having given a general description of the rooms 
of a Roman house, it remains to speak of the 
(1) floors, (2) walls, (3) ceilings, (4) windows, and 
(5) the mode of warming the rooms. For the doors 
see Janua. 

(1.) The floor {solum) of a room was seldom 
boarded, though this appears to have been some- 
times done {strata solo tabulata, Stat. Silv. i. 5. 57). 
It was generally covered with stone or marble, or 
mosaics. The common floors were paved with 



DOM US. 

pieces of bricks, tiles, stones, &c, forming a kind 
of composition called ruderatio. (Vitruv. vii. 1.) 
Another kind of pavement was that called opus 
Siffninum, which was a kind of plaster made of 
tiles beaten to powder and tempered with mortar. 
It derived its name from Signia, a town of Italy, 
celebrated for its tiles. (Plin. //. N. xxxv. 46'.) 
Sometimes pieces of marble were imbedded in a 
composition ground, which appear to have formed 
the fioors called by Pliny barbiirica or mbtetjulanea, 
and which probably gave the idea of mosaics. As 
these floors were beaten down (pavita) with ram- 
mers (fisiucae), the word > imentum became the 
general name for a floor. The kind of pavement 
called scalpturaium was first introduced in the 
temple of Jupiter Capitolmus after the beginning of 
the third Punic war, but became quite common in 
Rome before the beginning of the Cimbric war. 
(Id. xxxvj. 61.) Mosaics, called by Pliny litJio- 
strota (\iB6arpiMna), though this word has a more 



DOMUS. 




extensive meaning, first came into use in Sulla's 
time, who made one in the temple of Fortune at 
Praenestc. (Id. xxxvi. 64.) Mosaic work was 



afterwards called Musirum opus. (Spartian. Pesrtn. 
Aw. 6 ; TrebelL Pollio, Trigin. Ti/rann. 24 ; 
Augustin. iJe Civilate Dri, xvi. 8.) The floors of 
the houses at Pompeii are frequently composed of 
mosaics, which are usually formed of black frets on 
a white ground, or white ones on a black ground, 
though some of them are in coloured marbles. 
The materials of which thev are generally formed 
are small pieces of red and white marble and red 
tile, set in a very fine cement and laid upon a 
deep bed of mortar, which served as a base. The 
three examples here given, which arc taken from 
houses at Pompeii, will convey a general idea of 
their form and appearance. 





Mosaic pavements, however, have been dis- 
covered at Pompeii, which represent figures and 
scenes of actual life, and are in reality pictures in 
mosaic. One of the most beautiful of these is 
given in its original colours in Gell's Pompeiana, 
2nd series, plate xlv. It is composed of very fine 
pieces of glass, and represents the choragus, or 
master of the chorus, instructing the actors in their 
parts. A still more extraordinary mosaic painting 
was discovered in Pompeii in 1831 ; it is supposed 
to represent the battle of Issus. (Musea Boriionico, 
viii. t. 36 — 45.) 

(2 ) The inner walls (parities) of private rooms 
were frequently lined with slabs of marble (Plin. 
//. A', xxxvi. 7), but were more usually covered by 
paintings, which in the time of Augustus were 
made upon the walls themselves. The prevalence 
of this practice is attested not only by Pliny 
{H.N. xxxv. 37), but also by the circumstance that 
even the small houses in Pompeii have paintings 
upon their walls. The following woodcut, which 
represents the side of a wall at Pompeii, is one of 
the simplest but most common kind. The compart- 
ments arc usually filled with figures. 




The general appearance of the walls may be 
seen from the woodcuts given above. Subjects of 
all kinds were chosen for painting on the walls, as 
may be seen by a reference to the Mown ISnrbonico, 
GeD, Mazois, &c. (Compare Vitruv. vii. 5.) The 
colours seem usually to have been laid upon a dry 
ground, but were sometimes placed upon it wet, ns 
in the modern fresco painting (mlurrs win Irdorio 
indurrrr, Vitruv. vii. 3). The walls also appear 
to have been sometimes omnmcntcd with raised 
figures, or a species of has relief (////*» M teclorio 
nlriiJi inrlwlrrr, Cic. nd All. i. 10), and some- 
times with mosaics. (Plin. II. N. xxxvi. 61.) 



432 



DOMUS. 



DONARIA. 



(3.) The ceilings seem originally to have been 
left uncovered, the beams which supported the 
roof or the upper story being visible. Afterwards 
planks were placed across these beams at certain 
intervals, leaving hollow spaces, called lacunaria 
or laqztearia, which were frequently covered with 
gold and ivory, and sometimes with paintings. 
(Hor. Carm. ii. 18 ; Plin. H. N. xxxiii. 18 ; Sen. 
Ep. 90 ; Suet. Ner. 31.) There was an arched 
ceiling in common use, called Camara, which is 
described in a separate article. 

(4.) The Roman houses had few windows 
{fenestrae). The principal apartments, the atrium, 
peristyle, &c, were lighted, as we have seen, 
from above, and the cubicula and other small 
rooms generally derived their light from them, and 
not from windows looking into the street. The 
rooms only on the upper story seem to have been 
usually lighted by windows. (Juv. iii. 270.) 
Very few houses in Pompeii have windows on the 
ground-floor opening into the street, though there 
is an exception to this in the house of the tragic 
poet, which has six windows on the ground-floor. 
Even in this case, hoivever, the windows are not 
near the ground as in a modern house, but are six 
feet six inches above the foot-pavement, which is 
raised one foot seven inches above the centre of the 
street. The windows are small, being hardly three 
feet by two ; and at the side there is a wooden 
frame, in which the window or shutter might be 
moved backwards or forwards. The lower part of 
the wall is occupied by a row of red panels four 
feet and a half high. The following woodcut re- 
presents part of the wall, with apertures for win- 
dows above it, as it appears from the street. The 
tiling upon the wall is modern, and is only placed 
there to preserve it from the weather. 




The windows appear originally to have been 
merely openings in the wall, closed by means of 
shutters, which frequently had two leaves (bi/ores 
fenestrae, Ovid, Pont. iii. 3. 5), whence Ovid 
{Amor. i. 5. 3) says, 

" Pars adaperta fuit, pars altera clausa fenestrae." 

They are for this reason said to be joined, when 
they are shut. (Hor. Carm. ii. 25.) Windows 
were also sometimes covered by a kind of lattice 
or trellis work (clathri), and sometimes by net- 
work, to prevent serpents and other noxious rep- 
tiles from getting in. (Plaut. Mill. ii. 4. 25 ; 
Varro, Re Rust. iii. 7.) 

Afterwards, however, windows were made of a 
transparent stone, called lapis specularis (mica), 
which was first found in Hispania Citerior, and 
afterwards in Cyprus, Cappadocia, Sicily, and 
Africa ; but the best came from Spain and Cap- 
padocia. It was easily split into the thinnest 



lamina?, but no pieces had been discovered, says 
Pliny, above five feet long. (Plin. //. N. xxxvi. 
45.) Windows made of this stone were called 
specularia. (Sen. Ep. 90 ; Plin. Ep. ii. 17 ; 
Mart. viii. 14.) Windows made of glass (vitrum) 
are first mentioned by Lactantius (De Opif. Dei, 8), 
but the discoveries at Pompeii prove that glass 
was used for windows under the early emperors, as 
frames of glass and glass windows have been found 
in several of the houses. 

(5.) The rooms were heated in winter in dif- 
ferent ways ; but the Romans had no stoves like 
ours. The cubicula, triclinia, and other rooms, 
which were intended for winter use, were built in 
that part of the house upon which the sun shone 
most ; and in the mild climate of Italy this fre- 
quently enabled them to dispense with any arti- 
ficial mode of warming the rooms. Rooms exposed 
to the sun in this way were sometimes called ke/io- 
camini. (Plin. Ep. ii. 17 ; Dig. 8. tit. 2. s. 17.) 
The rooms were sometimes heated by hot air, which 
was introduced by means of pipes from a furnace 
below (Plin. Ep. ii. 17 ; Sen. Ep. 90), but more 
frequently by portable furnaces or braziers (foculi), 
in which coal or charcoal was burnt. (See wood- 
cut, p. 190.) The caminus was also a kind of 
stove, in which wood appears to have been usually 
burnt, and probably only differed from the foculus 
in being larger and fixed to one place. (Suet. 
Vitell. 8 ; Hor. Sat. i. 5. 81.) It has been a sub- 
ject of much dispute among modern writers, 
whether the Romans had chimneys for carrying 
off the smoke. From many passages in ancient 
writers, it certainly appears that rooms usually had 
no chimneys, but that the smoke escaped through 
the windows, doors, and openings in the roof 
(Vitruv. vii. 3 ; Hor. I. c. ; Voss, ad Virg. Georg. 
ii. 242) ; but chimneys do not appear to have been 
entirely unknown to the ancients, as some are said 
to have been found in the ruins of ancient build- 
ings. (Becker, Gallus, vol. i. p. 102.) 

( Winkelmann, Schrijien uber die Herkulanisclien, 
Entdeckungen ; Hirt, Geschichte der Baukunst ; 
Mazois, Les Ruines de Pompti, part ii., Le Palais 
de Scaurus ; Gell, Pompeiana ; Pompeii, Lond. 
12mo. 1832 ; Becker, Gallus j Schneider, ad 
Vitruv.) 

DONA'RIA {ava6-r\fiaTa or ai/aKe'i/xeua), are 
names by which the ancients designated presents 
made to the gods, either by individuals or com- 
munities. Sometimes they are also called dona or 
5cDoa. The belief that the gods were pleased with 
costly presents was as natural to the ancients as 
the belief that they could be influenced in their 
conduct towards men by the offering of sacrifices ; 
and, indeed, both sprang from the same feeling. 
Presents were mostly given as tokens of gratitude 
for some favour which a god had bestowed on 
man ; but in many cases they were intended to 
induce the deity to grant some special favour. 
At Athens, every one of the six thesmothetae, or, 
according to Plato (Phaedr. p. 235, d), all the nine 
archons, on entering upon their office, had to take 
an oath, that if they violated any of the laws, they 
would dedicate in the temple of Delphi a gilt 
statue of the size of the man who dedicated it 
(ai>5ptdvTa XP V,70 ^ V l&OfieTprjTov, see Plut. Sol. 
25 ; Pollux viii. 85 ; Suidas, s. v. Xpvarj E'ikuv ; 
Heraclid. Pont. c. 1.) In this last case the ana- 
thema was a kind of punishment, in which the 
statue was regarded as a substitute for the person 



DONARIA. 



DONARIA. 



433 



forfeited to the gods. Almost all presents of this 
kind were dedicated in temples, to which in some 
places an especial building was added, in which 
these treasures were preserved. Such buildings 
were called ^Tirravpo't (treasuries) ; and in the most 
frequented temples of Greece many states had their 
separate treasuries. (Bockh, Pub. Eicon, of Ath. 
p. 441, &c. 2d edit.) The act of dedication was 
called avariBivai, donare, dedicare, or sucrare. 

The custom of making donations to the gnds is 
found among the ancients from the earliest times 
of which we have any record, down to the intro- 
duction of Christianity ; and even after that period 
it was, with some modifications, observed by the 
Christians during the middle ages. In the heroic 
ages of Grecian history the anathemata were of a 
simple description, and consisted of chaplcts and 
garlands of flowers. A very common donation to 
the gods seems to have been that of locks of hair 
(k6^s airapxai), which youths and maidens, 
especially young brides, cut otf from their heads 
and consecrated to some deity. (Horn. IL xxiii. 
141 ; Aeschyl. Choeph. 6 ; Eurip. Orest. 96 and 
1427, Baock.493, Helen. 1093 ; Plut. Thes. 5 ; 
Pans. i. 37. § 2.) This custom in some places 
Listed till a very late period : the maidens of Delos 
dedicated their hair before their wedding to 
Hecacrgc (Paus. i. 43. § 4), and those of Megara 
to Iphinoe. Pausanias (ii. 11. § 6) saw the statue 
of Hvgieia at Titane, covered all over with 
locks of hair which had been dedicated by women. 
Costly garments (weVXoi) are likewise mentioned 
among the earliest presents made to the gods, 
especially to Athena and Hera. (Horn. //. vi. 
293, 303.) At Athens the sacred Tt'jrAoi of 
Athena, in which the great adventures of ancient 
heroes were worked, was woven by maidens every 
fifth year, at the festival of the [.Teat Paiiathcnaea. 
[Abufhobia.] (Compare Aristoph. Av. 792 ; 
Pollux, vii. 50 ; Wcsscling, ad Died. Hie. ii. p. 
440.) A similar pcplus was woven every five 
years at Olympia, by sixteen women, and dedi- 
cated to Hera. (Paus. v. 16. §2.) 

At the time when the fine arts flourished in 
Greece the anathemata were generally works of 
art of exquisite workmanship, such as high tripods 
bearing vases, craters, cups, candelabra*, pictures, 
statues, and various other things. The materials 
of which they were made ditfered according to cir- 
cumstances ; some were of bronze, others of silver or 
gold (Allien, vi. p. 231, etc.), and their number is 
to us almost inconceivable. (Demosth. (Jlynlh. iii. 
p. 3.5.) The treasures of the temples of Delphi 
and Olympia, in particular, surpass all conception. 
Even Pausanias, at a period when numberless 
works of art must have perished in the various 
ravages and plunders to which Greece had been 
exposed, saw and described an astonishing number 
of anathemata. Many works of art are still ex- 
tant, bearing evidence by their inscriptions that 
they wi re dedicated to the gods as tokens of grati- 
tude. Kvery one knows of the magnificent presents 
which Croesus mnde to the |{nd of Delphi. ( Herod, 
i. 51), Sec.) It was an almost invariable custom, 
aft'-r tin- happy issue of a war, to dedicate the 
tenth |«rt of the spoil ( ixpofliViov, ixpnAfioe, or 
»pwToA*ioi') to the gods, generally in the form of 
some work of nrt. (Herod, viii. ti2, 121 ; Thucyd. 
i. 132 ; Paus. iii. HI. S •"' ; Allien, vi. p. 231, etc.) 
Spinetiines magnificent specimens of armour, such 
as a fine sword, helmet, or shield, were set apart 



as anathemata for the gods. (Aristoph. Equ.it. 
792, and Schol.) The Athenians always dedi- 
cated to Athena the tenth part of the spoil and 
of confiscated goods ; and to all the other gods col- 
lectively, the fiftieth jiart. (Demosth. c. Timocr. 
p. 730, Ace.) After a seatight, a ship, placed upon 
some eminence, was sometimes dedicated to Nep- 
tune. (Thucyd. ii. 84 ; Herod, viii. 121.) It is 
not improbable that trophies which were always 
erected on the field of battle, as well as the statues 
of the victors in Olympia and other places, were 
originally intended as tokens of gratitude to the 
god who was supposed to be the cause of the suc- 
cess which the victorious party had gained. We 
also find that on some occasions the tenth pact of 
the profit of some commercial undertaking was 
dedicated to a god in the shape of a work of art. 
Respecting the large and beautiful crater dedicated 
by the Samians to Hera, see the article Crater. 

Individuals who had escaped from some danger 
were no less anxious to show their gratitude to the 
gods by anathemata than communities. The in- 
stances which occur most frequently, are those of 
persons who had recovered from an illness, espe- 
cially by spending one or more nights in a temple 
of Asclcpius (iuculiutio). The most celebrated 
temples of this divinity were those of Epidaurus, 
Cos, Tricca, and at a later period, that of Rome. 
(Plin. //. X. xxix. 1 ; compare F. A. Wolf, Vcr- 
misclite Schriften und A ufsatze, p. 411, etc.) Cures 
were also etfected in the grotto of Pluto and 
Proserpina, in the neighbourhood of Nisa. (Strab. 
ix. p. 437, xiv. p. 649.) In all cases in which a 
cure was effected presents were made to the 
temple, and little tablets (tabulae votivae) were 
suspended on its walls, containing an account of 
the danger from which the patient had escaped, 
and of the manner in which he had been restored 
to health. Some tablets of this kind, with their 
inscriptions, are still extant. (Wolf, /. c. p. 424, 
&c.) From some relics of ancient nrt we must 
infer, that in some cases, when a particular part of 
the body was attacked by disease, the person, after 
his recovery, dedicated an imitation of that |>art 
in gold or silver to the god to whom he owed his 
recovery. Persons who had escaped from ship- 
wreck usually dedicated to Neptune the dress 
which they wore at the time of their danger (I lor. 
Curm. i. 6. 13 ; Virg. Aeu. xii. 76l>) ; but if (hey 
had escaped naked, they dedicated t>oiuc locks of 
their hair. (Eucian, de Mere. Goad. c. 1. vol. i. p. 
652, cd. Rciz.) Shipwrecked persons also sus- 
pended votive tablets in the temple of Neptune, on 
which their accident was described or painted. 
Individuals who gave up the profession or occupa- 
tion by which they had gained their livelihood, 
frequently dedicated in a temple the instruments 
which they had used, as a grateful acknowledgment 
of the favour of the gods. The soldier thus dedi- 
cated his anna, the fisherman his net, the shepherd 
his flute, the poet his lyre, cithara, or barn, etc. 

It would be impossible to attempt to enumerate 
nil the occasions on which individuals, as well as 
communities, showed their gratefulness towards 
the gods by anathemata. Descriptions of tin- most 
remarkable presents in the various temples of 
OreOCC may be rend in the works of Herodotus, 
Stnibo, Pausanias, Athenneus, and others. 

The custom of making presents to the cods was 
common to Greeks and Romnus, but among the 
latter the donaria wire neither as numerous nor 
P v 



434 



DONATIO. 



DONATIO MORTIS CAUSA. 



as magnificent as in Greece ; and it was more fre- 
quent among the Romans to show their gratitude 
towards a god, by building him a temple, by public 
prayers and thanksgivings (supplicalio), or by 
celebrating festive game3 in honour of him, than to 
adorn his sanctuary with beautiful and costly works 
of art. Hence the word donaria was used by the 
Romans to designate a temple or an altar, as well 
as statues and other things dedicated in a temple. 
(Virg. Georg. iii. 533 ; Ovid, Fast. iii. 335.) The 
occasions on which the Romans made donaria to 
their gods, are, on the whole, the same as those we 
have described among the Greeks, as will be seen 
from a comparison of the following passages: — 
Liv. x. 36, xxix. 36, xxxii. 30, xl. 40, 37 ; 
Plin //. N. vii. 48 ; Suet. Claud. 25 ; Tacit. Ann. 

iii. 71 ; Plaut. Amphitr. iii. 2. 65, Curcul. i. 1. 61, 
ii. 2. 10 ; Aurel. Vict. Caes. 35 ; Gellius, ii. 10 ; 
Lucan. ix. 515 ; Cic. De Nat. Dear. iii. 37 ; 
Tibull. ii. 5.29 ; Horat. Epist. i. 1. 4 ; Stat. Silv. 

iv. 92. [L. S.J 
DONA'TIO. Donatio or gift is an agreement 

between two persons by which one gives without 
remuneration and without any legal obligation 
(nullo jure cogente), and the other accepts some- 
thing that has a pecuniary value. (Dig. 24. tit. 1. 
s. 5. § 8, 16 ; 39. tit. 5. s. 19. § 2, 29.) It is 
properly called an agreement, because it is not suffi- 
cient that there be a person to give : there must 
also be a person who consents to receive. He who 
is incapacitated to dispose of his property or to 
make a contract is consequently incapable of giving : 
every person who has a capacity to acquire, is 
capable of receiving a gift. The exceptions to 
these rules occurred in the case of persons who 
were in certain relations to one another, as pater 
and fniusfamilias ; yet this exception itself is 
subject to exceptions in the matter of peculium. 
It is essential to the notion of gift that the giver 
gives in order that the property of the receiver 
may be increased by the gift : there must be the 
animus donandi. The object of gift may be any 
thing which accomplishes this end ; for instance, 
the release of a debt. A gift of the whole of a 
person's property comprises no more than the pro- 
perty after the donor's debts are deducted. Such 
a gift is not a case of universal succession, and 
consequently the donee is not immediately liable 
for the debts of the donor. By the old Roman law 
a mere agreement (pactum) to give did not confer 
a right of action on the intended donee. In order 
that a gift should be valid, it was required to be 
either in the form of a stipulatio, or to be made 
complete at once by the delivery of the thing. 
Gifts also were limited in amount by the lex Cincia. 
The legislation of Justinian allowed a personal 
action in cases of a mere pactum donationis, where 
there had been neither delivery of the thing which 
was made a gift, nor stipulatio. (Cod. 8. tit. 54. 
s. 25, 29 ; 35. § 5 ; Inst. 2. tit. 7. § 2.) Thus, 
the promise to give was put on the footing of a 
consensual contract, when the promise related to a 
gift of less than 500 solidi: when the gift was 
above 500 solidi, a certain form was required, as 
will presently be explained, and the form was re- 
quired whether the gift was perfected at once by 
traditio, or was only a promise to give. 

If a man gave something to another for the 
benefit of a third person, the third person could sue 
him to whom the thing was given. (Cod. 8. tit. 
55. s. 3.) 



It was required by the legislation of Justinian, 
that a gift which was in value more than 500 so- 
lidi, must, with the exception of some few cases, 
have the evidence of certain solemnities before 
official persons (insinuatio). If these formalities 
were not observed, the gift was invalid as to all 
the amount which exceeded the 500 solidi. Some 
few kinds of gifts, which exceeded 500 solidi, were 
excepted from the solemnities of insinuatio. 

If then a gift was not perfected at once by de- 
livery, or what was equivalent to delivery, the 
donee might sue ex stipulatu, if there had been a 
stipulatio ; and if there had not, he might sue by 
virtue of the simple agreement. (Cod. 8. tit. 54, 
De Donationibus, s. 35. § 5.) The right of action 
which arises from the promise to give is, according 
to the Roman system, the real gift (Dig. 50. tit. 
1 6. s. 49) : the actual giving was the payment of 
a debt. Accordingly, if there was a promise of a 
gift between a man and a woman before their 
marriage, the payment during the marriage was a 
valid act, because the promise was the gift, and 
the payment was not the gift. (Savigny, System, 
&c, iv. 119.) The heredes of a man might im- 
pugn the validity of a donatio inofficiosa by a 
querela inofficiosae donationis : and the donor could 
revoke his gift if the donee was guilty of gross 
ingratitude towards him, as for instance, of offering 
violence to his person. (Cod. 8. tit. 56. s. 10.) 
But the donor's claim was only in personam, and 
he could not recover the fruits which the donee 
had enjoyed. (Inst. 2. tit. 7. § 3 ; Savigny, Sys- 
tem, &c, vol. iv. ( § 142, &c, Sclwnhung ; Mackel- 
dey, Lehrbuch, &c, § 421, &c, 12th ed. ; Ortolan, 
Explication Historique des Instituts, vol. i. p. 472, 
5th ed.) [G. L.] 

DONA'TIO MORTIS CAUSA. There were, 
according to Julianus (Dig. 39. tit. 6. s. 2), three 
kinds of donatio mortis causa : — 1. When a man 
under no apprehension of present danger, but moved 
solely by a consideration of mortality, makes a gift 
to another. 2. When a man, being in immediate 
danger, makes a gift to another in such manner 
that the thing immediately becomes the property of 
the donee. 3. When a man, moved by the con- 
sideration of danger, gives a thing in such manner 
that it shall become the property of the donee 
only in case the giver dies. Every person could 
receive such a gift who was capable of receiving a 
legacy. 

It appears, then, that there were several forms 
of gift called donatio mortis causa ; but the third 
is the only proper one ; for it was a rule of law 
that a donation of this kind was not perfected un- 
less death followed, and it was revocable by the 
donor. A thing given absolutely could hardly be 
a donatio mortis causa, for this donatio had a con- 
dition attached to it, namely, the death of the 
donor and the survivorship of the donee. (Com- 
pare Dig. 39. tit. 6. s. 1 and 35.) Accordingly, a 
donatio mortis causa has been defined to be " a 
gift which a man makes with reference to the 
event of his death, and so makes that the right of 
the donee either commences with the death of the 
donor or is in suspense until the death." It re- 
sembles in some respects a proper donatio or gift : 
in others, it resembles a legacy. It was necessary 
that the donatio should be accepted by the donee, 
and consequently there must be traditio or delivery, 
or a proffer or offer, which is assented to. Yet 
the donatio might be maintained as a fideicom- 



DONATIO PROPTER NUPTIAS. 



DONATIVUM. 



435 



missum in the absence of these conditions. No I 
person could make a donatio mortis causa, who 
could not make a testament. The death of the 
donee before the death of the donor was ipso jure 
a revocation of the donatio. It would appear as if 
the law about such donations was not free from 
difficulty. They were finally assimilated to legacies 
by Justinian, though this had been done in some 
particulars before his time. Still they differed in 
some respects from legacies ; for instance, such a 
donation could take effect though there was no 
person to take the hereditas. A filius familias 
might with his father's consent make a donatio 
mortis causa of his Peculium Profectitium. 

The English law of donationes mortis causa is 
first stated by Bracton (ii. c 26) in the very words 
of the Digest (39. tit. 6. s.2, &c) ; and the pre- 
sent law is expounded by Lord Hard wicke (Ward 
v. Turner, 2 Vez. 431) ; but what he there states 
to be the English law is not exactly the law 
as stated in Bracton. The rules of donationes 
mortis causa in English law .ire now pretty well 
fixed by various recent decisions. Tradition or 
delivery is considered one essential of such a gift, 
and the death of the donor in the life of the donee 
is another essential. The gift is not an absolute 
gift, but a gift made in contemplation of death, 
and it is revocable. (Dig. 39. tit. 6 ; Cod. 8. tit. 
57 ; Inst 2. tit. 7 ; Savigny, System, &c. it. 276 ; 
ZeUschri/t J'urO'esch. I{ediUirissenscliaft,x\\. p.400, 
L'elier L. Seia, 42. pr. ; De mor. ca. don. ; Thibaut, 
System, &.c. § 495, &c. 9th ed.) [G. L.] 

DONATIO PROPTER NU'PTIAS. The 
meaning of this term is explained in the Institu- 
tioncs (2. tit. 7. § 3). It was originally called 
Donatio ante nuptias, because it could not take 
place after the marriage ; but when it was made 
legal to increase the donatio after marriage, and 
even to constitute it altogether after marriage, the 
more comprehensive term donatio propter nuptias 
was used. If a dos had been given by the wife, 
or on the part of the wife, and the husband by 
the terms of the contract was entitled to it, or to 
a part of it in case of the wife's death, it was neces- 
sary that the husband, or some person on the part 
of the husband, should give or secure something to 
the wife which she should have in the event of 
the husband's death : this was a donatio propter 
nuptias. Justinian's legislation required that the 
donatio must be equal to what was secured to the 
husband in case of the wife's death, and that it 
must be increased if the dos was increased during 
the marriage. The husband had the management 
of the property given as donatio. Such part of it 
ns consisted of things immoveable he could not 
alienate or pledge even with the consent of his 
wit'.-, unless she ratified her consent after two years. 
If the husband became impoverished during the 
marriage, the wife was entitled to the profits of 
the donatio for her support ; and it was not liable 
to the demands of the creditors. If the marriage 
was dissolved by the death of the wife, the hus- 
band was entitled to the donatio ; unless some 
third person, who had made the donatio, was en- 
titled to have it by the terms of the agreement. 
It the husband died, the event had happened with 
reference to which the donatio was made ; the wife 
had the ususfructus of the donatio, and the pro ■ 
pert} of it belonged to the children of the- marriage 
if there were any : if there were no children, tin 1 
wife obtained by the death of the husband full 



power of disposition over the property included in 
the donatio. 

The opinions of modern jurists are much divided 
as to the notions, purpose, and law of the donatio 
propter nuptias. The term donatio propter nuptias 
is used by Bracton (ii. c 39) ; and the law, as 
there stated, is apparently formed upon a Roman 
original. 

(Cod. 5. tit 3 ; Nov. 22. c. 20 ; 97. c. 1, 2 ; 98. 
c. 1,2; llackcldey, Lehrbuc/i, Sec. § 528, 12th 
ed. ; Thibaut, System, &c § 742, 9th ed. ; Orto- 
lan, Explication Hislorique des Instituts, Sic, vol. i. 
p. 479.) [G.L.] 

DONATIONES INTER VIRUM ET 
UXO'REM. During marriage neither husband 
nor wife could, as a general rule, make a gift of 
anything to one another. The reason for this rule 
was said to be the preservation of the marriage 
relation in its purity, as an agreement subsisting by 
affection, and not maintained by purchase or by 
gift from one party to the other. Donationes of 
this kind were, however, valid when there were 
certain considerations, as mortis causa, divortii 
causa, servi mannmittendi gratia. By certain im- 
perial constitutions, a woman could make gifts to 
her husband in order to qualify him for certain 
honours. This was a gift " ad processus viri " 
(Dig. 24. tit. 1. s. 41 ; Juv. Sat. i. 39 ; and the 
note of Heinrich). The wife had the means of 
doing this, because when there was no conventio 
in manum (Gaius, ii. 98), a wife retained all her 
rights of property which she did not surrender on 
her marriage [Dos], and she might during the 
marriage hold property quite distinct from hex 
husband. It was a consequence of this rule as to 
gifts between husband and wife, that every legal 
form by which the gift w as affected to be transferred, 
as mancipatin, ccssio, and traditio, conveyed no 
ownership ; stipulations were not binding, and 
acccptilationes were no release. A difficulty might 
remain as to usucapion ; but the law provided for 
this also. If a woman received from a third per- 
son the property of her husband, and neither the 
third person nor she nor her husband knew that 
it was the husband's property, she might acquire 
the ownership by usucapion. If both the giver 
and the husband knew at the time of the gift 
that it was the husband's property, and the wife 
did not know, it might also become her property 
by usucapion ; but not if she knew, for in that case 
the bona fides which was essential to the commence- 
ment of possession was wanting. If, before the 
ownership was acquired by usucapion, the husband 
and wife discovered that it was the husband's, 
though the husband did not choose to claim it, 
there was no usucapion ; for this would have been 
a mere evasion of the law. If, before the owner- 
ship was acquired by usucapion, the wife alone 
discovered that it was the husband's property, this 
would not destroy her right to acquire the pro- 
perty by usucapion. This, at least, is Savigny'* 
ingenious explanation of the passage in Digest 
21. tit. 1. s. 44. The strictness of the law as to 
these donations was relaxed in the time of Scptimius 
Scvcrus, and they were made- valid if the donor 
died first, and did not revoke his gift before death. 
There were nlso some exceptions :u to the general 
rule. (Dig. 24. tit I ; Cod. 5. tit. 16 ; Savigny, 
/■ ' ' iV . i. p. 2(U ; .Mai keliley, hlirlmch, 
\r. IJlh e,l.) [O.L.] 

DON.VITVLM. fCoNoiARiUM.] 
v y 2 



436 



DOS. 



DOS. 



DORMITORIA. [Domus.] 

DORODO'KIAS GRAPHE (SwpoSoidas 
ypaf-q). [Decasmus.] 

DORON (Sapor), a palm or hand-breadth. 
[Pes.] 

DORON GRAPHE (Sdpwv ypa<pv). [De- 
casmus.] 

DOROXE'NIAS GRAPHE (Scopo^vias 
ypacpri). [Xenias Graphe.] 

DO'RPIA (SdpTna). [ArATURiA.] 

DORPON (Upirov). [Coena, p. 303, b.] 

DORU (5o». [Hasta.] 

DORY'PHORI (8opv<p6poi). [Mercenary] 

DOS (^poif, cpepv!]), dowry. 1. Greek. Eu- 
ripides (Med. 236) makes Medeia complain that, 
independent of other misfortunes to which women 
were subject, they were obliged to buy their hus- 
bands by great sums of money (xpriP-^™" vwep- 
€o\rj). On this the Scholiast remarks, that the 
poet wrote as if Medeia had been his contem- 
porary, and not a character of the heroic ages, in 
which it was customary for the husband to pur- 
chase his wife from her relations, by gifts called 
iSfa or eeoVct. The same practice prevailed in 
the East during the patriarchal ages (Genes, xxxiv. 
2), and Tacitus (Germ. c. 18) says of the ancient 
Germans, " Dotem non uxor marito, sed uxori 
maritus offert." The custom of the heroic times 
is illustrated by many passages in Homer. Thus, 
we read of the airept'taia, and fivpia coVa, or many 
gifts by which wives were purchased. (//. xvi. 
178, 190.) In another place (II. xi. 243) we are 
told of a hundred oxen, and a thousand sheep and 
goats, having been given by a Thracian hero to 
his maternal grandfather, whose daughter he was 
about to marry. Moreover, the poetical epithet, 
a\<peo-igoiai (Heyne, ad II. xviii. 593), applied 
to females, is supposed to have had its origin in 
the presents of this sort, which were made to a 
woman's relatives on her marriage. These nuptial 
gifts, however, or equivalents for them were re- 
turned to the husband in the event of the commis- 
sion of adultery by the wife, and perhaps in other 
cases. (Od. viii. 318.) 

We must not infer from the above facts that it 
was not usual in those times for relations to give 
a portion with a woman when she married. On 
the contrary, mention is made (II. ix. 147) of 
the /uei'Aia or marriage gifts which men gave with 
their daughters (iweSuiKav), and we are told by 
Aeschines (nepl TlapaSpzo-. 33), of one of the sons 
of Theseus having received a territory near Am- 
phipolis as a <ptpvi} or dower with his wife. More- 
over, both Andromache and Penelope are spoken 
of as &Xoxot voKvSwpoi (II. vi. 394, Od. xxiv. 
294), or wives who brought to their husbands 
many gifts, which probably would have been re- 
turned to their relations, in case of a capricious 
dismissal. (Od. ii. 132.) 

The Doric term for a portion was Swt'ivti, and 
Muller (Dor. iii. 10) observes, that we know for 
certainty that daughters in Sparta had originally 
no dower, but were married with a gift of clothes 
only ; afterwards they were at least provided with 
money, and other personal property (Plut. Lys. 
30) : but in the time of Aristotle (Polit. ii. 6. 
§ 10), so great were the dowers given (Sia to 
•jrpoiKas SiSdVai /xe-yaAas), and so large the number 
of zw'iKAripoi, or female representatives of families 
(oi'koj), that nearly two fifths of the whole terri- 
tory of Sparta had come into the possession of 



females. The regulations of Solon were, accord- 
ing to Plutarch, somewhat similar in respect of 
dower to the old regulations at Sparta : for the 
Athenian legislator, as he tells us, did not allow a 
woman, unless she were an iirlKXripos, to have 
any <pepi>^ or dower, except a few clothes and 
articles of household furniture. It is plain, how- 
ever, that such an interference with private rights 
could not be permanent ; and, accordingly, we find 
that in after times the dowers of women formed, 
according to the account in Bbckh (Pub. Econ. of 
Athens, p. 514, 2nd ed.), a considerable part of 
the moveable property of the state : " even with 
poor people they varied in amount from ten to a 
hundred and twenty minae. The daughter of 
Hipponicus received ten talents at her marriage, 
and ten others were promised her." This, how- 
ever, was a very large portion, for Demosthenes 
(c. Sleph. p. 1112. 19, and p. 1124. 2) informs us 
that even five talents was more than was usually 
given ; and Lucian (Dial. Meret. 7. p. 298, ed. 
Reitz) also speaks of the same sum as a large 
dowry. The daughters of Aristeides received from 
the state, as a portion, only thirty minae each. 
(Plut. Arist. 27 ; Aesch. c. Ctes. p. 90.) We may 
observe too, that one of the chief distinctions be- 
tween a wife and a ira\Aa/cr), consisted in the 
former having a portion, whereas the latter had 
not ; hence, persons who married wives without 
portions appear to have given them or their guar- 
dians an SfioXoy'ta TrponcAs (Isaeus, De Pyr. 
Hered. p. 41), or acknowledgment in writing by 
which the receipt of a portion was admitted. 
[Concubina.] Moreover, poor heiresses (ruv 
eVi/f A^peue oaai Stjtikoj' tzKovgiv) were either 
married or portioned by their next of kin [Ar- 
chon], according to a law which fixed the 
amount of portion to be given at five minae by a 
Pentacosiomedimnus, three by a Horseman, and 
one and a half by a Zeugites. (Dem. c. Macar. 
p. 1068.) In illustration of this law, and the 
amount of portion, the reader is referred to 
Terence, who says (Phorm. ii. 1. 75), 

" Lex est ut orbae, qui sint genere proximi 
lis nubant : " 

and again (ii. 2. 62), 

" Itidem ut cognata si sit, id quod lex jubet, 
Dotem dare, abduce hanc : minas quinque accipe." 

It remains to state some of the conditions and 
obligations attached to the receipt of a portion, or 
•7rpoVj, in the time of the Athenian orators. The 
most important of these was the obligation under 
which the husband lay to give a security for it, 
either by way of settlement on the wife, or as a 
provision for repayment in case circumstances 
should arise to require it. With regard to this, 
we are told that whenever relatives or guardians 
gave a woman a portion on her marriage, they 
tiiok from the husband, by way of security, some- 
thing equivalent to it, as a house or piece of land. 
The person who gave this equivalent (to airo- 
rlfxTifxa) was said aTtoTijxav : the person who re- 
ceived it aTTOTifxaaBai. (Harpocrat. s. v. ; Dem. 
c. Onei. p. 866.) The word ciiroTi/r^a is also used 
generally for a security. (Pollux, viii. 142.) The 
necessity for this security will appear from the 
fact that the portion was not considered the pro- 
perty of the husband himself, but rather of his 
wife and children. Thus, if a husband died, and 



DOS. 



DOS. 



the wife left the family (a7re'\i7r€ t'ov oIkov), she 
might claim her portion, even though children had 
been born (Dem. Doeot. de Dot. p. 1010) ; and in 
the event of a wife dying without issue, her por- 
tion reverted to the relatives who had given her in 
marriage (oi Kvpioi) and portioned her. (Isaeus, 
De Cirrm. Hered. p. 69, De Pyr. Herd. p. 41.) 
The portion was also returned, if a husband put 
away his wife, and in some cases, probably settled 
by law, when a woman left her husband. (De 
Pyr. Hered. p. 4.5.) That after the death of 
the wife, her portion belonged to her children, 
if she had left any, may be inferred from De- 
mosthenes (c. Doeot. de Dot. pp. 1023, 1026); 
if they were minors, the interest was set apart 
for their education and maintenance. When the 
husband died before the wife, and she remained 
in, the family (/ifvovirris iv t$ ofay), the law ap- 
pears to have given her portion to her sons, if of 
age, subject, however, to an allowance for her 
maintenance. (Id. c. Phacn. p. 1047.) If the 
representatives of the deceased husband (oi tov 
K\ripov exovTfi) wrongfully withheld her portion 
from his widow, her guardians could bring an ac- 
tion against them for it, as well as for alimony 
(SIkt) irpoiK&s xal a'nov). (Isaeus, De Pyr. Hered. 
p. 45 ; Hudtwalcker, Diaet. note 84.) More- 
over, if a husband after dismissing his wife re- 
fused to return her portion, he might be sued for 
interest upon it as well as the principal : the 
former would, of course, be reckoned from the 
day of dismissal, and the rate was fixed by law at 
nine oboli for every mina, or about 18 per cent. 
The guardians were further authorised by the 
same law to bring an action for alimony in the 
fl/Jfioe. (Dem. c. Neaer. p. 1362.) We may 
add that a Si'ktj irpoucos, was one of the iy.iir\v»i 
Sikcu or suits that might be tried every month. 
(Pollux, viii. 63, 101.) [R. W.] 

2. Roman. Dos (res tuoria) is every thing 
which on the occasion of a woman's marriage 
was transferred by her, or by another person, 
to the husband, or to the husband's father (if 
the husband was in his father's power), for the 
purpose of enabling the husband to sustain the 
charges of the marriage state (onrra matrimonii). 
All the property of the wife which was not made 
dos, or was not a donatio propter nuptias, con- 
tinued to be her own, and was comprised under 
the name of Parapherna. The dos upon its delivery 
became the husband's property, and continued to 
be his so long as the marriage relation existed. 
All things that could be objects of property, and 
in fact anything by which the substance of the 
husband could be increased, might be the objects 
of dos. All a woman's property might be made a 
dos ; but the whole pro|>erty was only what re- 
mained after deducting the debts. There was no 
universal succession in such a case, and consequently 
the husband was not personally answerable for the 
wife's debts. Any person who had a legal power 
to dispose of his property could give the dos ; but 
the dos was divided into two kinds, dos profectitia 
and dos adventitia, a division which had reference 
to the demand of the d< s after the purposes were 
satisfied for which it was given. Thnt dos is pro- 
fectitia which was given by the fathi-r or father's 
father of the bride ; and it is profectitia, even if 
the daughter was emancipated, provided the father 
gave it as such (ut jxirrnn). All other dot is ad- 
w ntitin. The dos receptitia was a species of dos 



adventitia, and was that which was given by some 
other person than the father or father's father, on 
the consideration of marriage, but on the condition 
that it should be restored on the death of the wife. 
The giving of the dos depended on the will of the 
giver ; but certain persons, such as a father and 
father's father, were boimd to give a dos with a 
woman when she married, and in proportion to 
their means. The dos might be either given at 
the time of the marriage, or there might be an 
agreement to give. The technical words appli- 
cable to the dos were dare, diccre, promittere. 
Any person, who was competent to dispose of his 
property, was competent dare, promittere. The 
word dicere was applied to the woman who was 
going to marry, who could promise her property as 
dos, but the promise was not binding unless certain 
legal forms were observed (turn deberi riro dotem, 
(juam nulla auctore dijisset, Cic. Pro Caecin. c. 25, 
compare Pro Ftacco, c. 34, 35, and UIp. Fray, xi. 
20). An example of a promissio dotis occurs in 
Plautus (Trinum. v. 2). The husband had a right 
to the sole management of the dos, and to the 
fruits of it ; in fact, he exercised over it all the 
rights of ownership, with the exception hereafter 
mentioned. He could dispose of such parts of the 
dos as consisted of things movable ; but the Julia 
lex (de adulteriis) prevented him from alienating 
such part of the dos as was land ( fundus dotalis, 
dotalia praedia, Cic. ad Alt. xv. 20 ; dotales 
a>jri, Hor. A'/>. i. 1. 21) without his wife's con- 
sent, or pledging it with her consent. (Gaius, ii. 
63 ; Inst. ii. 8.) The legislation of Justinian pre- 
vented him from selling it also even with the wife's 
consent, and it extended the law to provincial lands. 
Still there were some cases in which the land given 
as dos could be alienated. 

The husband's right to the dos ceased with the 
marriage. If the marriage was dissolved by the 
death of the wife, her father or father's father (as 
the case might be) was intitled to recover the dos 
profectitia, unless it had been agreed that in such 
case the dos should belong to the husband. The 
dos adventitia became the property of the wife's 
heirs (Cod. 5. tit. J 3. § 6), unless the person who 
gave it had stipulated that it should be returned 
to him (dos recej/titiu) '. as to the older law, sec 
Ulpian, 1'ruif. vi. 5. 

In the case of divorce, the woman, if she was 
sui juris, could bring an action for the restitution of 
the dos ; if she was in the power of her father, he 
brought the action jointly with his daughter. 
The dos could be claimed immediately upon the 
dissolution of the marriage, except it consisted of 
things quae numero, &c, for which time was 
allowed. ( I Jlp. Frag. vi. 8: but compare Cod. 
7. tit. 13. § 7.) [Divortium.] 

The dos could not be restored during the mar- 
riage, but in the case of the husband's insolvency, 
the wife could demand back her dos during the 
marriage. In certain cases, also, the husband was 
permitted to restore the dos during the marriage, 
and such restoration was a good legal acquittance 
to him : these excepted cases were either cases of 
necessity, as the payment of the wife's debts, or 
the sustcntation of near kinsfolks. (Xeitsclirijt, &c. 
v. p. 31 1, essay by Ilassc.) 

What should lie returned as dos, depended on 
the fact of what was given as dos. If the things 
given wen- ready money (fins numrrata, Cic. Pro 
< no, c. 4), or things estimated by quantity, \c, 



438 



DRACHMA. 



DRACHMA. 



the husband must return the like sum or the like 
quantity. If the things, whether movable or im- 
movable, were valued when they were given to the 
husband (dos aestimata), this was a species of sale, 
and at the end of the marriage the husband must 
restore the things or their value. If the things 
were not valued, he must restore the specific things, 
and he must make good all loss or deterioration 
which had happened to them except by accident. 
But the husband was intitled to be reimbursed for 
all necessary expences (impensae nccessariae) ; as, 
for instance, necessary repairs of houses incurred 
by him in respect of his wife's property, and also 
for all outlays by which he had improved the pro- 
perty (impensae utiles). 

The husband's heirs, if he were dead, were 
bound to restore the dos. The wife's father, or the 
surviving wife, might demand it by an actio ex 
stipulatu de dote reddenda, which was an actio 
stricti juris, if there was any agreement on the 
subject ; and by an actio rei uxoriae or dotis, 
which was an actio bonae fidei, when there was 
no agreement. A third person who had given the 
dos must always demand it ex stipulatu, when he 
had bargained for its restoration. Justinian 
enacted, that the action should always be ex 
stipulatu, even when there was no contract, and 
should be an actio bonae fidei. 

The wife had no security for her dos, except 
in the case of the fundus dotalis, unless she had 
by contract a special security ; but she had some 
privileges as compared with the husband's cre- 
ditors. Justinian enacted that on the dissolu- 
tion of the marriage, the wife's ownership should 
revive, with all the legal remedies for recover- 
ing such parts of the dos as still existed ; that 
all the husband's property should be considered 
legally pledged (tacita hypothecs) as a security 
for the dos ; and that the wife, but she alone, 
should have a priority of claim on such property 
over all other creditors to whom the same might 
be pledged. 

The dos was a matter of great importance in 
Roman law, both because it was an ingredient in 
almost every marriage, and was sometimes of a 
large amount. The frequency of divorces also 
gave rise to many legal questions as to dos. A 
woman whose dos was large (dotata uxor) had 
some influence over her husband, inasmuch as she 
had the power of divorcing herself, and thus of 
depriving him of the enjoyment of her property. 
The allusions to the dos and its restitution are 
numerous in the Roman writers. (Cic. ad Att. 
xiv. 13.) 

It is a disputed point whether there could be 
dos, properly so called, in the case of a marriage 
with conventio in manum. [Matrimonii™.] 
(Hasse, Rhein. Mus.il 75.) 

The name by which the Greek writers designate 
the Roman dos is <f>epr) (Plutarch, Caesar, c. 1, 
Marhis, c. 38, Cicero, c. 8). 

(Ulp. Frag. vi. ; Dig. 23. tit. 3 ; Cod. 5. tit. 12 ; 
Thibaut, System, &c, § 728 &c, 9th ed., § 747, 
&c. ; Mackeldey, Lehrbuch, &c, § 517, &c, 12th 
ed.) [G.L.] 

DOULOS (oovAos). [Servus.] 

DRACHMA (SpaxM). the principal silver 
coin among the Greeks. Like all other denomi- 
nations of money, the word SpaxA"? (sometimes 
written Spay/iT]) no doubt signified originally a 
weight ; and it continued to be used in this sense, 



as one of the subdivisions of the talent, of which 
it was the 6000th part. [Talentum.] The 
original meaning of the word is a handful. The 
two chief standards in the currencies of the Greek 
states were the Attic and Aeginetan. We shall 
therefore first speak of the Attic drachma, and 
afterwards of the Aeginetan. 

The average weight of the Attic drachma from 
the time of Solon to that of Alexander was 66-5 
grains. It contained about ^th of the weight 
alloy ; and hence there remain 6S - 4 grains to be 
valued. Each of our shillings contains 80'7 grains 
of pure silver. The drachma is therefore worth 
6.V4 

■j^j-^ of a shilling, or 9'72 pence, which may he 

called 9%d. (Hussey, Ancient Weights and Money, 
pp. 47, 48.) After Alexander's time, there was a 
slight decrease in the weight of the drachma ; till 
in course of time it only weighed 63 grains. The 
drachma contained six obols (oSoXoi) ■ and the 
Athenians had separate silver coins, from four 
drachmae to a quarter of an obol. Among those 
now preserved, the tetradrachm is commonly 
found ; but we possess no specimens of the tri- 
drachm, and only a few of the didrachm. Speci- 
mens of the tetrobolus, triobolus, diobolus, three- 
quarter-obol, half-obol, and quarter-obol, are still 
found. For the respective values of these coins, 
see the Tables. 

The tetradrachm in later times was called stater 
(Phot. s. v. 'Xto.ttip ; Hesych. s. v. VXavKcs Aav- 
piwTiKa'i : Matth. xxvii. 27) ; but it has been 
doubted whether it bore that name in the flourish- 
ing times of the republic. (Hussey, Ibid. p. 49.) 
We know that stater, in writers of that age, 
usually signifies a gold coin, equal in value to 
twenty drachmae [Stater] ; but there appear 
strong reasons for believing that the tetradrachm, 
even in the age of Thucydides and Xenophon, was 
sometimes called by this name. (Thucyd. iii. 70, 
with Arnold's note ; Xen. Hell. v. 2. § 22.) The 
obolos, in later times, was of bronze (Lucian, 
Contempt. 11. vol. i. p. 504, ed. Reiz) ; but in the 
best times of Athen9 we only read of silver obols. 
The xa^-Kofs was a copper coin, and the eighth 
part of an obol. [Chalcus.] 




ATHENIAN DRACHMA. BRITISH MUSEUM. 
ACTUAL SIZE. 

The Aeginetan standard appears to have been 
used in Greece in very early times. According to 
most ancient writers, money was first coined at 
Aegina by order of Pheidon of Argos ; and the 
Aeginetan standard was used in almost all the 
states of the Peloponnesu.-, in Boeotia and in some 
other parts of northern Greece, though the Attic 
standard prevailed most in the maritime and com- 
mercial states. 

The average weight of the Aeginetan drachma, 
calculated by Mr. Hussey (pp.59, 60) from the 
coins of Aegina and Boeotia, was 96 grains. It 



DUODECIM TABULA RUM LEX. 



ECCLESIA. 



439 



contains about ^-nd part of the weight alloy. 
Hence its value is 93 grains of pure silver, or, as 
93 

before, '— of a shilling; that is, Is. Id. 3 - "2 

' 807 

farthings. The largest coin of the Aeginetan stan- 
dard appears to have been the didrachina, and the 
values of the different coins of this standard will 
be found in the Tables. 

The proportion of the Aeginetan drachma to the 
Attic, according to the value given above, is as 93 
to 05'4, or as 4" 18 to 3 nearly. According to 
Pollux, however, the proportion was 5 to 3 ; for he- 
states (ix. 76, 80) that the Aeginetan drachma 
was equal to 10 Attic obols, and that the Aegine- 
tan talent contained 10,000 Attic drachmae. For 
a full discussion of this question, which is one of 
the most interesting in ancient numismatics, and 
of the respective values of the other standards 
which were used by the Greeks, see NUMMUS 
and TaLENTUM. 




ABOIXBTAN DRACHMA. BRITISH MUSEUM. 
ACTUAL SIZE. 

As the Romans reckoned in sesterces, 60 the 
Greeks generally reckoned by drachma..- ; and 
when a sum is mentioned in the Attic writers, 
without any specification of the unit, drachmae arc- 
usually meant. (Biickh, Pal. Earn, of Alliens, i. 
p. 25.) 

DRACO. fSiGXA Mm.it.iria.] 

DUCENA'RII, the name of various officers 
and magistrates, in the imperial period, of whom 
the principal were as follow : — 

1. The imperial procurators, who received a 
salary of 200 sestertia. Dion Cassias (liii. 15) 
says that the procurators first received a salary 
in the time of Augustus, and that they derived 
their title from the amount of their salary. We 
thus read of centcnarii, &c, as well as of duce- 
narii. (See Capitolin. I'crtin. 2 ; Orelli, Inxcrip. 
No. 940.) Claudius granted to the procurators 
ducenarii the consular ornaments. (Suet. Claud. 

24 '> 

2. A class or dccilria of judiccs, first established 
by Augustus. They were so called because their 
property, as vnlu -d in the census, only amounted 
to 200 sestertia, and they tried causes of small 
importance. (Suet. Awj. 32.) 

3. Others who commanded two centuries, and 
who held the same rank as the priini liastati in 
the ancient legion. (Veget. ii. f) ; Orelli, lnscrip. 
No. 3444.) 

4. The imperial household troops, who were 
under the authority of the mngister ojficiorum. 
They are frequently mentioned among the agrntes 
in rtbtu, or ushers. (Cod. I. tit. 31 ; 12. tit. 20.) 

DUCKNTE'SIM A. | Ckxtkmma. | 

1)1 ELLA. [Uncia.] 

DULCIA'RII. | Pistor.] 

DUODECIM SCIUI'TA. | Lathi -stwli.] 

DUODKCIM TABI LARI .M LK.V |I.k\.) 



DUPLA'RII or DUPLICA'RII, were sol- 
diers who received on account of their good 
conduct double allowance (duplicia ciharia), and 
perhaps in some cases double pay likewise. (Varro, 
De Ling. Lut. v. 90, Miiller; Liv. ii. 59, xxiv. 47 ; 
Orelli, lnscrip. No. 3535.) They are frequently 
mentioned in inscriptions (Orelli, Nos. 3533, 
4994), but more commonly under the name of 
duplarii. (Orelli, Nos. 3531, 3535, 347C, 3481, 
&c.) In one inscription the form duplicarios oc- 
curs. (Orelli, No. 3534.) Vegetius (ii. 7) calls 
them duplares milites. 

DUPLICA'TIO. [Actio.] 

DUPONDIUS. [As, p. 141, a ; Pes.] 

DUSSIS. [As. p. 141, a.] 

DUU MVIRI, or the two men, the name of 
various magistrates and functionaries at Rome, and 
in the coloniae and municipia. In inscriptions we 
also meet with the form dunmrires (Orelli, lnscrip. 
No. 3808), and duocir (Orelli, No. 3880'). 

1. Duumviri Juri Dicundo, the highest 
m.-uristratcs in the municipal towns. [CoLONIA, 
p. 318.) 

2. Duumviri Navales, extraordinary magis- 
trates, who were created, whenever occasion re- 
quired, for the purpose of equipping and repairing 
the fleet. They appear to have been originally 
appointed by the consuls and dictators, but were 
first elected by the people, B. C. 311. (Liv. ix. 30, 
xl. 18, 20, xli. 1.) 

3. Duumviri Perduellionis. [Perduel- 
lio.] 

4. Duumviri Quixquexxales, the censors 
in the municipal towns, who must not be con- 
founded with the duumviri juri dicundo. [Co- 
loxia, p. 318.] 

5. Duumviri Sacri, extraordinary magistrates, 
like the duumviri Navales, appointed for the pur- 
pose of building or dedicating a temple. (Liv. vii. 
28, xxii. 33, xxxv. 41.) 

0. Duumviri Sacrorim, originally had the 
charge of the Sibylline books. Their duties were 
afterwards discharged by the decemviri sacris 
J'acinndis. [Decemviri, No. 3.) 

7. Duumviri Viis extra urbe.m PURQAN- 
dis, were officers under the aediles, who had the 
charge of the streets of the suburbs of Rome, out- 
side the city gates. (TaboL HeracL i. 50, ed. 
Gottling.) Their office appears to have been 
abolished by Augustus, and their duties devolved 
upon the (Juattuorciri. (Com p. Dimi Cass. liv. 20; 
Pompon. JJc Orig. Jur. § ;;o ; Becker, Rdmitch. 
Atterth. vol. ii. prt ii. p. 300.) 

DUX. [Provixcia.] 



E. 

ECCLE'SIA (^kkA7jitio), the general assembly 
of the citizens at Athens, in which they met to 
discuss and determine upon matters of public in- 
terest. These assemblies were either ordinary, 
and held four times in each prytany, or erfm- 
ordinary, that is, specially convened, upon any sud- 
den emergency, and then-fore called avyKhrrroi. 
On occasions of extreme importance, when it was 
desirable for as many persons as possible to be pre- 
sent at the discussion of any question, the people 
wen- summoned by express from the country to 
the city, and then the assembly was called a 
KaraKAiprfct, the proper ineauing of KaTaKaKuv 
F K 4 



440 



ECCLESIA. 



ECCLESIA. 



being to call from the country into the city. The 
ordinary assemblies were called v6fj.ijj.oi or Kvpiat, 
according to the Scholiast on Aristophanes (Achar. 
19), who, moreover, informs us that there were 
three such in every month. But according to the 
best-informed grammarians who followed Aristotle, 
the name Kvpia was appropriated to the first only 
of the regular assemblies of each prytany. Such, 
at least, is the account given by Pollux (viii. 96) 
and Harpocration, the former of whom asserts that 
the third of the regular assemblies in each prytany 
was partly devoted to the reception of ambassadors 
from foreign states. 

Aristophanes, however, in the Acharnians (61), 
represents ambassadors who had just returned 
from Persia and Thrace, as giving an account of 
their embassy in a Kvpia *KK\rio-ia, which, ac- 
cording to Pollux, would be not the third but the 
first of the regular assemblies. With a view of 
reconciling these discrepancies, Schomann (De 
Comit. c. i.) supposes, that Solon originally ap- 
pointed one regular assembly, called Kvpia, to be 
held on a certain day of every prytany, and that 
afterwards additional assemblies were instituted, 
appropriated respectively to particular purposes, 
though the term Kvpia was still reserved for the 
assembly formerly so called. If, however, the re- 
presentation of Aristophanes is in agreement with 
the practice of his age, we must further suppose, 
what is very probable, that the arrangements for 
business, as described by Pollux, were not always 
observed even in the time of the poet ; and since a 
few years after Aristotle's time many changes took 
place in the constitution of Athens, it may have 
happened that the name of Kvpia was then given 
to all the regular assemblies, in which case the 
Scholiast probably identified the customs and 
terms of a late age with those of an earlier period. 
Moreover, the number of prytanies in each year, 
originally ten, one for each tribe, was, on the in- 
crease in the number of the tribes at Athens, 
raised to twelve ; so that the prytanies would 
then coincide with the months of the year, a fact 
which, taken in conjunction with other circum- 
stances (Schomann, ii. 44), seems to show, that 
the authorities who speak of three regular as- 
semblies in each month, had in view the times 
when a prytany and a month were the same thing. 
Some authors have endeavoured to determine the 
particular days on which the fuur regular assem- 
blies of each prytany were held, but Schomann (ii. 
47) has proved almost to demonstration, that there 
were no invariably fixed days of assembly ; and 
at any rate, even if there were, we have not suffi- 
cient data to determine them. Ulpian (ad De- 
mosth. Timoc. p. 706) says, in allusion to the 
times when there were three assemblies in every 
month, that one was held on the eleventh, another 
about the twentieth, a third about the thirtieth 
of each month ; and it is of course not impro- 
bable that they were always held at nearly equal 
intervals. 

The place in which the assemblies were anciently 
held was, we are told by Harpocration (s. v. 
HavSrifios ' htppob"nt)), the ayopd. Afterwards they 
were transferred to the Pnyx, and at last to the 
great theatre of Dionysus, and other places. Thus 
Thucydides (viii. 97) speaks of the people being 
summoned to the Pnyx, the usual place of assembly 
in his times ; and Aristophanes (Equit. 42), in 
describing " Demus," the representative of the 



Athenian people, just as " John Bull " is of the 
English, calls that character A^p.os Hvkv'ittis, or 
Demus of the (parish of) Pnyx : a joke by which 
that place is represented as the home of the 
Athenians. The situation of it was to the west 
of the Areiopagus, on a slope connected with 
Mount Lycabettus, and partly at least within the 
walls of the city. It was semicircular in form, 
with a boundary wall, part rock and part masonry, 
and an area of about 12,000 square yards. On the 
north the ground was filled up and paved with 
large stones, so as to get a level surface on the 
slope ; from which fact some grammarians derive 
its name (irapa tV twv \iSwv TrvKv&rriTa). To- 
wards this side, and close to the wall, was the 
bema (f3rifj.a), a stone platform or hustings ten or 
eleven feet high, with an ascent of steps ; it was 
cut out of the solid rock, whence it is sometimes 
called 6 K'Wos, as in Aristophanes (Pax, 680) we 
read S<rris KpaTtl vvv rod KiBov Toiv rjj YIvkv'i. 
The position of the bema was such as to command 
a view of the sea from behind (on which account 
the thirty tyrants are said to have altered it), 
and of the UpoirvAaia and Parthenon in front, 
though the hill of the Aeiopagus lay partly be- 
tween it and the Acropolis. Hence Demosthenes 
(Uepl SuvtoJ. 1 74), when reminding the Athenians 
from this very bema of the other splendid works 
of their ancestors, says emphatically UpowiKaia 
ravra; and we may be sure that the Athenian 
orators would often rouse the national feelings of 
their hearers by pointing to the assemblage of 
magnificent edifices, " monuments of Athenian 
gratitude and glory," which they had in view 
from the Pnyx. (Cramer, Ancient Greece, vol. ii. 
p. 335 ; Wordsworth, Athens and Attica. In the 
latter of these works are two views of the re- 
mains of the Pnyx.) That the general situation 
of the place was elevated is clear from the phrase 
avaSaiveiv ei's t^v sKK\-t)o~iav , and the words iras 
6 Sri/xos 6.vu Kadnro, applied to a meeting of the 
people in the Pnyx. (Dem. De Cor. p. 285.) 
Alter the great theatre of Dionysus was built, the 
assemblies were frequently held in it, as it afforded 
space and convenience for a large multitude ; and 
in some particular cases it was specially deter- 
mined by law that the people should assemble 
there. (Dem. c. Meid. p. 517.) Assemblies were 
also held in the Peiraeeus, and in the theatre at 
Munychia. (Dem. De Fals. Leg. p. 359 ; Lysias, 
c. Agar. p. 1 33 ; Thucyd. viii. 93.) 

The right of convening the people generally 
vested in the prytanes or presidents of the council 
of Five Hundred [Boulb] ; but in cases of sud- 
den emergency, and especially during wars, the 
strategi also had the power of calling extraordi- 
nary meetings, for which, however, if we may 
judge by the form in which several decrees are 
drawn up, the consent of the senate appears to 
have been necessary. (Dem. De Cor. p. 249.) 
The four ordinary meetings of every prytany 
were, nevertheless, always convened by the pry- 
tanes, who not only gave a previous notice (irpo- 
ypdipecv t-ijv £kk K-qrr'iav) of the day of assembly, 
and published a programme of the subjects to be 
discussed, but also, as it appears, sent a crier round 
to collect the citizens (avvdyetv tov Srjfj.ou, Pol- 
lux, viii. 95 ; Harpocrat. s. v. Kvpia 'E/c/cATjcna ; 
Dem. a Aristog. p. 772.) At any rate, whenever 
the strategi wished to convene one of the extra- 
ordinary assemblies, notice was certainly given of 



ECCLESIA. 



ECCLESIA. 



441 



it by a public proclamation ; for as Ulpian (ad 
Demosth. de Fals. Laj. p. 1 00, a) observes, these 
assemblies were called crvyK\rfrot, because the 
people were summoned to them by officers sent 
round for that purpose (on o-vveKctKovv rtves 
irepi'ioirrts). But independent of the right which 
we have said the strategi possessed of convening 
an extraordinary meeting, it would seem from the 
case of Pericles (Thucyd. ii. 22) that a stratcgus 
had the power of preventing any assembly being 
called. It is, however, important to observe, that 
such an exercise of power would perhaps not have 
been tolerated except during wars and commotions, 
or in the person of a distinguished character like 
Pericles ; and that under different circumstances, 
at any rate after the time of Solon, the assemblies 
were always called by the prytanes. All persons 
who did not obey the call were subject to a fine, 
and six magistrates called lexiarchs (A7)£/apx 01 ) 
were appointed, whose duty it was to take care 
that the people attended the meetings, and to levy 
fines on those who refused to do so. (Pollux, viii. 
104.) With a view to this, whenever an assembly 
was to be held, certain public slaves (2/cu9ai or 
To^oVai) were sent round to sweep the agora, and 
other places of public resort, with a rope coloured 
with vermilion. The different persons whom these 
ropemen met, were driven by them towards the 
ecclesia, and those who refused to go were marked 
by the rope and fined. (Schol. ad Arist. Achar. 
22.) Aristophanes (/. c.) alludes to this subject 
in the lines 

oi S'iy ayopi \a\oviri, k&uu xal k6lt<o 
to 9%ou>iw <peOyou<ri rb pL(pnKrtiip.ivov. 

Besides this, all the roads except those which led 
to the meeting were blocked up with hurdles 
(ytfifia), which were also used to fence in the 
place of assembly against the intrusion of persons 
who had no right to be present : their removal in 
the latter case seems to have served as a signal for 
the admission of strangers who might wish to ap- 
peal to the people. (Dem. c. Neaer. p. 1375.) 
An additional inducement to attend, with the 
poorer classes, was the nioBbt (nKKi)oiaaTiK&s, or 
joy which they received for it. The originator of 
this practice seems to have been a person named 
Callistratus, who introduced it " long after the 
beginning of the influence of Pericles." The 
payment itself, originally an obolus, was after- 
wards raised to three by a popular favourite called 
Agyrrhius, of Collytus. The increase took place- 
but a short time before the Ecclcsiazu^ae of Aris- 
tophanes came out, or about it. c. .392. A ticket 
(ai)i$o\ov) appears to have been given to those 
who attended, on producing which, at the close of 
the proceedings, they received the money from one 
of the thesmothctac. (Aristoph. /Cedes. 295, 3I!0.) 
This payment, however, was not made to the 
richer classes, who attended the assemblies gratis, 
and are therefore called oi'koititoi ii<KhT)atamai 
by the poet Antiphanea in a fragment preserved 
by Athcnaeus (vi. p. 247, f). The same word 
oiK(j(riTot is applied generally to a person who re- 
ceives no pay for his services. 

With respect to the right of attending, we may 
observe that it was enjoyed by all legitimate citi- 
zens who were of the proper age (generally sup- 
posed to be twenty, certainly not less than eigh- 
teen), and not labouring under any atimia or loss 
of civil rights. All were considered citixeiu, 



whose parents were both such, or who had been 
presented with the freedom of the state, and en- 
rolled in the register of some demus or parish. 
(Dem. c. Neaer. p. 1380.) Adopted citizens, how- 
ever (7toi7)toi'), were not qualified to hold the office 
of archon or any priesthood. {Id. p. 1376.) De- 
crepit old men (ycpovTts oi atpetfievoi, perhaps 
those above sixty) seem not to have been admitted, 
although it is not expressly so stated. (Aristot. 
Polit iii. 1.) Slaves and foreigners also were cer- 
tainly excluded (Aristoph. Thesm. 294) : though 
occasions would of course occur when it would be 
necessary or desirable to admit them ; and from 
Demosthenes (c. Neaer. p. 1375) we may infer that 
it was not unusual to allow foreigners to enter to- 
wards the close of the proceedings, when the most 
important business of the day had been concluded; 
otherwise they stood outside. (Aesch. c. Ctes. 
p. 86.) 

The iVoreXcts, or foreigners, who enjoyed nearly 
equal privileges with the citizens, are by some 
thought to have had the same rights as adopted 
citizens, with respect to voting in the assembly. 
( Wolf, ad Dem. Lept. p. 70.) This, however, seems 
very doubtful ; at any rate the etymology of the 
word iVoTeAels does not justify such an opinion. 

In the article Boule it is explained who the 
prytanes and the proedri were ; and we may here 
remark, that it was the duty of the proedri of the 
same tribe, under the presidency of their chairman 
(6 tVio-TaTTjs), to lay before the people the subjects 
to be discussed ; to read, or cause to be read, the 
previous bill (to irpoSoiKevpa) of the senate ; and 
to give permission (yvwuas vpoTtBivai) to the 
speakers to address the people. They most pro- 
bably sat on the steps near the bema, to which 
they were on some occasions called by the people. 
In later times they were assisted in keeping order 
((uKoo-fila) by the members of the presiding tribe 
(t) irpotopevovcra <pv\i], Aesch. c. Cieslpk. p. 53, 
and But i.k) ; and the officers who acted under 
them, the " serjeants-at-arms " were the crier (<5 
K ^P v i)i an< l tfie Scythian bowmen. Thus, in 
Aristophanes (Achurn. 24), the crier says to a 
speaker, who was out of order, k6.0i)Oo atya, and 
in another passage the To^irat are represented as 
dragging a drunken man out of the assembly. 
(Eceles. 143.) When the discussion upon any sub- 
ject had terminated, the chairman of the proedri, if 
he thought proper, put the question to the vote : 
we read in some instances of his refusing to do so. 
(Xcn. Mum. i. I. § 18 ; Thuc. vi. 14.) 

Previous, however, to the commencement of 
any business, it was usual to make a lustra- 
tion or purification of the place where the as- 
sembly was held. This was performed by an 
officiating priest called the /'. risllure/ms (lriptarlap- 
X«J), a name given to him because he went before 
the lustral victims (tA wept'ona) as they were 
carried round the boundary of the place. The 
favourite victims were sucking pigs (xotplSta) : the 
blood of which was sprinkled about the scats, and 
their bodies afterwards thrown into the sea. 
(Schol. ad Aristoph. I.e., ad Aetok. c. Timur. p. 
411.) After the peril tiarch the crier followed, 
burning incense in a censer. When these cere- 
monies were concluded, the crier proclaimed silence, 
and then offered up a prayer, in which the gods 
were implored to bless the proceedings of the meet- 
I ing, ami bring down destruction on all those who 
| were hostilcly disposed towards the slate, or who 



442 



ECCLESIA. 



ECCLESIA. 



traitorously plotted its overthrow, or received bribes 
for misleading and deceiving the people. (Aristoph. 
Thesm. 330.) On the conclusion of this prayer 
business began, and the first subject proposed was 
said to be brought forward, irpGiTov fiera ra Upd. 
(Dera. c. Timocr. p. 706.) We must, however, un- 
derstand that it was illegal to propose to the ecclesia 
any particular measure unless it had previously re- 
ceived the sanction of the senate, or been formally 
referred by that body to the people, under the title 
of a irpo§ov\£v/j.a. The assembly, nevertheless, 
had the power of altering a previous decree of the 
senate as might seem fit. Further information on 
this point will be found under Boule, to which we 
may add, according to Schdmann (De Comitiis, c. 9), 
that the object of the law, mentioned by the gram- 
marians ('Airpo§ov\evTOV /tijSey i|/7)c£i<T,ua elatevat 
iv to3 Sri/iif), seems to have been, not to provide 
that no motion should be proposed in the assembly 
unless previously approved of by the senate, but 
rather that no subject should be presented for dis- 
cussion to the people, about which a bill of the 
senate had not been drawn up and read in the as- 
sembly. 

The privilege of addressing the assembly was 
not confined to any class or age amongst those who 
had the right to be present : all, without any dis- 
tinction, were invited to do so by the proclamation 
(Ti's ayopeveiv /3ov\erai) which was made by the 
"crier after the proedri had gone through the neces- 
sary preliminaries, and laid the subject of discus- 
sion before the meeting ; for though, according to 
the institutions of Solon, those persons who were 
above fifty years of age ought to have been called 
upon to speak first (Aesch. c. Ctesiph. p. 54), this 
regulation had in the days of Aristophanes become 
quite obsolete. (Dem. De Cor. p. 285 ; Aristoph. 
Acliarn. 43.) The speakers are sometimes simply 
called ol waptovTes,an& appear to have worn a crown 
of myrtle on their heads while addressing the as- 
sembly, to intimate, perhaps, that they were then 
representatives of the people, and like the archons 
when crowned, inviolable. (Aristoph. Eccles. 130, 
147.) They were by an old law required to con- 
fine themselves to the subject before the meeting, 
and keep themselves to the discussion of one thing 
at a time, and forbidden to indulge in scurrilous or 
abusive language : the law, however, had in the 
time of Aristophanes become neglected and almost 
forgotten. (Aesch. c. Timar. p. 5 ; Aristoph. 
Eccles. 142.) The most influential and practised 
speakers of the assembly were generally distin- 
guished by the name of gropes. 

After the speakers had concluded, any one was 
at liberty to propose a decree, whether drawn up 
beforehand or framed in the meeting ('Ev rep Siifup 
<rvyypd(p£<T0ai, Plat. Gorg. p. 451), which, how- 
ever, it was necessary to present to the proedri, 
that they might see, in conjunction with the vouo- 
<pv\o.Kts, whether there was contained in it any- 
thing injurious to the state, or contrary to the 
existing laws. (Pollux, viii. 94.) If not, it was 
read by the crier ; though, even after the reading, 
the chairman could prevent it being put to the vote, 
unless his opposition was overborne by threats and 
clamours. (Aesch. De Fals. Leg. p. 39.) Private 
individuals also could do the same, by engaging 
upon oath (virw/xoaria) to bring against the author 
of any measure they might object to, an accusation 
called a ypa<pfi ira.pav6fi.uiv. If, however, the chair- 
man refused to submit any question to the decision 



of the people, he might be proceeded against by 
endeixis (Plat. Apol. p. 32) ; and if he allowed the 
people to vote upon a proposal which was contrary 
to existing constitutional laws, he was in some cases 
liable to atimia. (Dem. c. Timoc. p. 716.) If, on 
the contrary, no opposition of this sort was offered 
to a proposed decree, the votes of the people were 
taken, by the permission of the chairman and with 
the consent of the rest of the proedri : whence the 
permission is said to have been given sometimes 
by the proedri and sometimes by the chairman, 
who is also simply called b Trp6e8pos, just as the 
proedri are sometimes styled prytanes. (Aesch. 
c. Ctesiph. p. 64 ; Dem. c. Meid. p. 517.) The de- 
cision of the people was given either by show of 
hands, or by ballot, i. e. by casting pebbles into 
urns (koSiVkoi) ; the former was expressed by the 
word x^'P ™"^", the latter by \\iri<pi(^<j9ai, al- 
though the two terms are frequently confounded. 
The more usual method of voting was by show of 
hands, as being more expeditious and convenient 
(xeipoTovta). The process was as follows : — the 
crier first proclaimed that all those who were in 
favour of a proposed measure should hold up their 
hands (orai SoKe? k. t. A. d.paToi r}]v x e 'P a ) '■ then 
he proclaimed that all those who were opposed to 
it should do the same ('6toi firi Sotce? k. t. A.) : they 
did so, and the crier then formed as accurate an 
idea as possible of the numbers for and against 
(iip'i0fi.€i ras x e 'P as ), <md the chairman of the 
meeting pronounced the opinion of the majority. 
(Suidas, s. v. KaTex^^por6vqaev.) In this way 
most matters of public interest were determined. 
Vote by ballot (KpvS5-qv), on the other hand, was 
only used in a few special cases determined by 
law ; as, for instance, when a proposition was made 
for allowing those who had suffered atimia to appeal 
to the people for restitution of their former rights ; 
or for inflicting extraordinary punishments on atro- 
cious offenders, and generally, upon any matter 
which affected private persons. (Dem. c. Timocr. 
pp. 715, 719.) In cases of this sort it was settled 
by law, that a decree should not be valid unless six 
thousand citizens at least voted in favour of it. This 
was by far the majority of those citizens who were 
in the habit of attending ; for, in time of war the 
number never amounted to five thousand, and in 
time of peace seldom to ten thousand. (Thuc. 
vii. 72.) 

With respect to the actual mode of voting by 
ballot in the ecclesia we have no certain informa- 
tion ; but it was probably the same as in the courts 
of law, namely, by means of black and white peb- 
bles, or shells, put into urns (/caSiVicoi) ; the white 
for adoption, the black for rejection of any given 
measure. (Schol. ad Arist. Vesp. 981), 

The determination or decree of the people was 
called a Psephisma (^(p^fia), which properly 
signifies a law proposed to an assembly, and ap- 
proved of by the people. The form for drawing 
up the Psephisma varied in differentages. [Boule.] 

We now come to the dismissal of the assembly ; 
the order for which, when business was over, was 
given by the prytanes (e\vcrav rty iKK\t]o-'iav), 
through the proclamation of the crier to the people 
(Aristoph. Acharn. 173) ; and as it was not cus- 
tomary to continue meetings which usually began 
early in the morning (Id. 20) till after sunset, if 
one day were not sufficient for the completion of 
any business, it was adjourned to the next. But 
an assembly was sometimes broken up if any one, 



ECCLESIA. 



ECCLETI. 



443 



whether a magistrate or private individual, declared 
that he saw an unfavourable omen, or perceived 
thunder and lightning. The sudden appearance of 
rain also, or the shock of an earthquake, or any 
natural phaenomenon of the kind called Sioarj^iai, 
was a sufficient reason for the hasty adjournment 
of an assembly. (Aristoph. iYu&. 579 ; Thuc. v. 
46.) 

Wc have already stated in general terms, that 
all matters of public and national interest, whether 
foreign or domestic, were determined upon by the 
people in their assemblies, and we shall conclude 
this article by stating in detail what some of these 
matters were. On this point Julius Pollux (yHl 
95) informs us, that in the first assembly of every 
prytany, which was called Kvp'ta, the iwixftporona 
of the magistrates was held ; i. e. an inquisition 
into their conduct, which, if it proved unfavour- 
able, was followed by their deposition. In the 
same assembly, moreover, the tltrayytXiai or ex- 
traordinary informations were laid before the peo- 
ple, as well as all matters relating to the watch and 
ward of the country of Attica ; the regular officers 
also read over the lists of confiscated property, and 
the names of those who had entered upon inherit- 
ances. The second was devoted to the hearing of 
those who appeared before the people as suppli- 
ants for some favour, or for the privilege of ad- 
dressing the assembly without incurring a penalty 
to which they otherwise would have been liable, 
or for indemnity previous to giving information 
about any crime in which they were accomplices. 
In all these cases it was necessary to obtain an 
&5cia, i. e. a special permission or immunity. In 
the third assembly, ambassadors from foreign states 
were received. In the fourth, religious and other 
public matters of the state were discussed. 

From this statement, compared with what is 
said under Ei.sanuei.ia, it appears that in cases 
which required an extraordinary trial, the people 
sometimes acted in a judicial capacity, although 
they usually referred such matters to the court of 
the Ileliaca. There were, however, other cases in 
which they exercised a judicial power : thus, for 
instance, the proedri could ex officio prosecute an 
individual before the people for misconduct in the 
ecclcsia. (Acsch. c. ftmarch. p. 5.) Again, on 
some occasions information (fiyvvvH) was simply 
laid before the people in assembly, without the in- 
formant making a regular impeachment ; and al- 
though the final determination in cases of this sort 
was generally referred to a court of law, still there 
seems no reason to doubt that the people might 
have taken cognizance of them in assembly, and 
decided upon them as judges ; just as they did in 
some instances of heinous and notorious crimes, 
even when no one came forward with an accusa- 
tion. Moreover, in turbulent and excited times, 
if any one had incurred the displeasure of the people, 
they not uiifroqucntly passed summary sentence 
upon him, without any regard to the regular and 
established forms of proceeding: as examples of 
which wc may mention the cases of Demosthenes 
and Phocion. The proceedings called irpu6oKi\ and 
ixayytkia were also instituted before the people : 
further information with respect to them is given 
under those heads. 

The legislative powers of the people in assembly, 
•n far as they were defined by the enactments of 
Solon, were very limited ; in fact, strictly speak- 
ing, no laws could, without violating the spirit of 



the Athenian constitution, be either repealed or 
enacted, except by the court of the NofioBerat : it 
might, however, doubtless happen that ^n)<piap.a.Ta 
passed by the assemblies had reference to general 
and permanent objects, and were therefore virtually 
vo/jloi or laws [Xomothetes] ; moreover, if we 
may judge by the complaints of Demosthenes, it 
appears that in his days the institutions of Solon 
had, in this respect, fallen into disuse, and that 
new laws were made by the people collectively in 
assembly, without the intervention of the court of 
the nomothetae. (Dem. c. Timocr. p. 744 ; Aristot. 
Polit. iv. 4.) 

The foreign policy of the state, and all matters 
connected with it, and the regulation and appropria- 
tion of the taxes and revenues, were, as we might 
expect, determined upon by the people in assembly. 
The domestic economy of the state was under the 
same superintendence ; a fact which Pollux briefly 
expresses by informing us that the people decided 
in the fourth assembly irspl Upwv kcu hrmoaluv, 
i. e. on all matters, whether spiritual or secular, in 
which the citizens collectively had an interest. 
Such, for example, says Schumann (p. 298), " are 
the priesthood, the temples of the gods, and all 
other sacred things ; the treasury, the public land, 
and public property in general ; the magistracy, 
the courts, the laws and institutions of the state, 
and, in fine, the state itself : " in connection with 
which we may observe, that the meetings for the 
election of magistrates were called apxatpeaiai. 
Lastly, as Schomann remarks, " the people likewise 
determined in assembly upon the propriety of con- 
ferring rewards and honours on such citizens or 
strangers, or even foreign states, as had in any 
manner signally benefitted the commonwealth." 
It is hardly necessary to add, that the signification 
of a religious assembly or church, which ecclesiii 
bore in later times, sprang from its earlier meaning 
of an assembly in generai, whether of the con- 
stituency of a whole state, or of its sub-divi- 
sions, such as tribes and cantons. See Tumi's and 
Demi-s. [R.W.] 

ECCLE TI ((k/cAtjtoi), was the name of an 
assembly at Sparta, and seems to have been the 
same as the so-called lesser asset/My (?j nutpa. ko- 
KovfiivT) (KK\-n<rta, Xen. HdL iii. 3. § 8). Its 
name seems to indicate a select assembly, but it is 
difficult to determine of what persons it was coin- 
posed ; since, however, Xenophon (Ihll. ii. 4. § 38) 
mentions the ephors along with and as distinct 
from it, we cannot with Tittman (I rieclt. Staatsv. 
p. 100; and W'achsmuth (Ihll. Alter, vol.i. pp.4G4, 
690, 2d edit.), consider it as having consisted of 
the Spartan magistrates, with the addition of some 
deputies elected from among the citizens. As, 
however, the {kkXtttoi do not occur until the period 
when the franchise had been granted to a great 
number of freedmen and aliens, and when the 
number of ancient citizens had been considerably 
thinned, it does not seem improbable that the lesser 
assembly consisted exclusively of ancient citizens, 
cither in or out of office ; and this supposition 
seems very well to agree with the fact, that they 
appear to have always been jealously watchful in 
upholding the nncient constitution, and in prevent- 
ing any innovation that might be mnde by the 
ephors or the new citizens. (Tbirl Wall, I lift, of 
(,'rrrrr, iv. p. .'(72, Ace.) 

The whole subject of the JVckAtjtoi is involved in 
difficulty. Tittmami thinks, that though the name 



44-1 



EDICTUM. 



EDICTUM. 



of this assembly is not mentioned, it existed long 
before the Persian wars, and that in many cases in 
which the magistrates (reAij, &pxovres or apx a 
are said to have made decrees, the magistrates are 
mentioned instead of the eK«A.r)Toi, of whom they 
were the chief members. This last supposition is 
rejected by Muller (Dor. iii. 5. § 10), who ob- 
serves that the magistrates were often said to have 
decreed a measure (especially in foreign affairs), 
though it had been discussed before the whole 
assembly and approved by it ; for the magistrates 
were the representatives and the organs of the 
assembly, and acted in its name. Muller is also 
of opinion that ZkkAtitoi and (KicXnaia are identical, 
and distinct from the lesser assembly, which he 
considers to have been a kind of select assembly, 
But his arguments on this point are not convincing. 
The e/t/cAr/Toi and the lesser assembly are men- 
tioned about the same time in Grecian history, and 
previous to that time we hear of no assembly, 
except the regular £KK\r\a'ia of all the Spartans, 
(See Xen. Hell. v. ii. § 33, vi. 3. § 3.) [L.S.] 

E'CDICUS (ckSikos), the name of an officer in 
many of the towns of Asia Minor during the Ro- 
man dominion, whose principal duty was the care 
of the public money, and the prosecution of all par- 
tics who owed money to the state. The word is 
translated in the ancient glossaries by cognitor, an 
attorney. (Cic. ad Fam. xiii. 56 ; Plin. Ep. x. 
Ill ; Gronovius, de Sestert. iv. 3. p. 277.) 
E'CDOSIS (zic5o<tls). [Fenos.] 
ECHI'NOS (ex7?oj). [Dike.] 
ECLOGEIS (e/cAoyeTs). [Eisphora.] 
ECMARTY'RIA (eK/jiapTvplu), signifies the 
deposition of a witness, who, by reason of absence 
abroad, or illness, was unable to attend in court. 
His statement was taken down in writing, in the 
presence of persons expressly appointed to receive 
it, and afterwards, upon their swearing to its iden- 
tity, was read as evidence in the cause. They 
were said fiaprvpeiv ti]V iiifiapTvpiav : the absent 
witness, iicfxaprvpe^y : the party who procured the 
evidence, eKfiapTvplav noieiaBai. It was considered 
as the testimony of the deponent himself, not that 
of the certifying witnesses, and therefore did not 
come within the description of hearsay evidence, 
which (except the declaration of a deceased per- 
son) was not admissible at Athens. The law 
was, a/co^y ttvai fiapTvptw TeflyeajTos, iK/j-aprvpiav 
5h vTvepop'wv iced atwarov. The deponent (like 
any other witness) was liable to an action for false 
testimony if the contents of the deposition were 
untrue, unless he could show that it was incor- 
rectly taken down or forged, in which case the 
certifying witnesses would be liahle. Therefore 
(Isaeus tells us) it was usual to select persons of 
good character to receive such evidence, and to 
have as many of them as possible (Isaeus, De 
Pyrr. Hered. 23, 24, ed. Bekk. ; Dem. c. Steph. 
pp. 1130, 1131.) [Martvria.] [C. R. K.] 
E'CPHORA (iic<popd). [Funus.] 
ECPHYLLOPHO'RIA^/t^uAAo^opio). [Ex- 

SILIUM.] 

ECULEUS. [Equuleus.] 
E'DERE ACTIO'NEM. [Actio.] 
EDICTUM. The Jus Edicendi, or power of 
making edicts, belonged to the higher magistrates 
populi Romani, but it was principally exercised by 
the two praetors, the praetor urbanus and the 
praetor peregrinus, whose jurisdiction was exercised 
in the provinces by the praeses. The curule aediles 



also made many edicts, and their jurisdiction was 
exercised (under the empire at least) hi the pro- 
vinciae populi Romani by the quaestors. (Gaius, 
i. 6.) There was no edict promulgated in the pro- 
vinciae Caesaris. The tribunes, censors, and ponti- 
fices also promulgated edicts relating to the matters 
of their respective jurisdictions. The edicta are 
enumerated by Gaius among the sources of Roman 
law, and this part of the Roman law is sometimes 
called in the Pandect, Jus Honorarium (Dig. 44. 
tit. 7. s. 52), apparently because the edictal power 
belonged to those magistrates only who had the 
honores, and not so much ad honorem praetorum. 
(Dig. 1. tit. 1. s. 7.) As the edicts of the praetors 
were the most important, the jus honorarium was 
sometimes called jus praetorium ; but, properly, 
the jus honorarium was the term under which was 
comprehended all the edictal law. 

Edictum signifies, generally, any public notice 
made by a competent authority (Tacit. Ann. i. 7 ; 
Liv. xxxi. 6, ii. 30). But it specially signifies, 
under the republic, a rule promulgated by a magis- 
trates, which was done by writing it on an album, 
and placing it in a conspicuous place, " Unde de 
piano recte Iegi potest." From this circumstance, 
the Edict was considered to be a part of the jus 
scriptum. As the office of a magistrates was 
annual, the rules promulgated by a predecessor 
were not binding on a successor, but he might 
confirm or adopt the rules of his predecessor, and 
introduce them into his own Edict, and hence such 
adopted rules were called edictum tralatitium (Cic. 
ad Att. iii. 23, v. 21 ; ad Fam. iii. 8 ; in Verr. 
i. 45), or vetus, as opposed to edictum novum. A 
repentinum edictum was that rule which was made 
(prout res incidit) for the occasion. (In Verr. iii. 
14.) A perpetuum edictum was that rule which 
was made by the magistrates on entering upon 
office, and which was intended to apply to all cases 
to which it was applicable, during the year of his 
office : hence it was sometimes called also annua 
lex. It was not called perpetuum because the 
rules were fixed, but because each praetor pub- 
lished his edict upon entering on his office, and 
thus there was a perpetuum (continuous) edictum. 
Until it became the practice for magistrates to 
adopt the edicta of their predecessors, the edicta 
could not form a body of permanent binding rules ; 
but when this practice became common, the edicta 
(edictum tralatitium) soon constituted a large body 
of law, which was practically of as much import- 
ance as any other part of the law. The several 
edicta, when thus established, were designated by 
the names of their promulgators, as the Edictum 
Carbonianum ; or they were named with reference 
to the formula, and the actio which they esta- 
blished, as Aquiliana, Publiciana, Rutiliana. 

The origin of the edictal power cannot be his- 
torically shown ; but as the praetor was a magistrate 
established for the administration of justice on ac- 
count of the occupations of the consuls, and the 
consular power was the representative of the kingly 
power, it seems that the jus edicendi may have 
been a remnant of the kingly prerogative. How- 
ever this may be, the edictal power was early 
exercised, and so far established, that the jus prae- 
torium was a recognised division of law in and 
before the time of Cicero (in Verr. i. 44), in whose 
age the study of the Edict formed a part of the 
regular study of the law. (de Leg. i. 5, ii. 23.) 
The edict of the aediles about the buying and 



EDICT CM. 



EDICTUM. 



445 



selling of slaves is mentioned by Cicero (ile OJT. iii. 
17) ; the Edictiones Aedilitiae are alluded to by 
Plautus (Capt. iv. 2, v. 43) ; and an edict of the 
praetor Peregrinus is mentioned in the Lex Galliae 
Cisalpinae, which probably belongs to the begin- 
ning of the eighth century of the city. The Lex 
Cornelia, B.C. 67, provided against abuses of the 
edictal power, by declaring that the praetors should 
decide in particular cases, conformably to their 
perpetual edict. The edicts made in the provinces 
are often mentioned by Cicero. They were founded 
on the edictum urbanum, though they likewise 
comprehended rules applicable only to the ad- 
ministration of justice in the provinces, and so far 
they were properly edictum provinciate. Thus 
Cicero (ad Jtt.vi. I) says, that he promulgated in 
his province two cdicta ; one provinciale, which, 
among other matters, contained every thing that 
related to the publicani, and another, to which he 
gives no name, relating to matters of which he 
says, " cx edicto et postulari ct fieri solent." As 
to all the rest, he made no edict, but declared that 
he would frame all his decrees ( decreta) upon the 
edicts urbana. It appears, then, that in the time 
of Cicero the edicta already formed a large body 
of law, which is confirmed by the fact, that, in 
his time, an attempt had been already made to 
reduce it into order, and to comment on it. Ser- 
viu3 Sulpicius, the great jurist and orator, the 
friend and contemporary of Cicero, addressed to 
Brutus two very Buort books on the Edict, which 
was followed by the work of Ofilius (Pomponius, 
Dig. I. tit. 2. s. 2) ; though we do not know 
whether the work of Ofilius was an attempt to 
collect and arrange the various edicta, like the sub- 
sequent compilation of Julian, or a commentary 
Iike those of many subsequent jurists (Ofilius 
edictum praetoris primus diligentcr composuit). 

The object of the Edict, according to the 
Roman jurists, was the following (Papinianus, 
Dig. 1. tit. 1. s.7): — "Adjmandi vel supplendi 
vel corrigendi juris civilis gratia propter utilitatem 
publicam : " the Edict is also described as "viva 
vox juris civilis." It was, in effect, an indirect 
method of legislating, and it was the means by 
which numerous rules of law became established. 
It was found to be a more effectual, because an 
easier and more practical way of gradually en- 
larging and altering the existing law, and keeping 
tin- whole system in harmony, than the method of 
direct legislation ; and it is undeniable that the 
most valuable part of the Roman law is derived 
from the edicts. If a praetor established any rule 
which was found to be inconvenient or injurious, it 
fi ll into dismv-, if not adopted by his successor. 
Tin- publicity of the Edict must also have been a 
great security against any arbitrary changes, for a 
magistrates would hardly venture to promulgate a 
rule to which opinion had not by anticipation al- 
ready given its sanction. Many of the rules pro- 
mulgated by the Edict were merely in conformity 
to existing custom, more particularly in cases of 
contracts, and thus the edict would have the effect 
of converting custom into law. This is what Cicero 
seems to mean (tie. Invent, ii. 22), when he says 
that the Edict depends in a great degree on custom. 

As to the matter of the Edict, it must be sup- 
posed that the defects of the existing law must 
gi n rally have been acknowledged and felt before 
any inagistratus ventured to supply them ; and in 
doing this, he must have conformed to the so-called 



natural equity (Jus Xaturale or Gentium). Under 
the emperors, also, it may be presumed, that the 
opinions of legal writers would act on public 
opinion, and on those who had the jus cdicendi. 
Hence, a large part of the edictal rules were 
founded on the so-called jus gentium ; and the ne- 
cessity of some modifications of the strict rules of 
the civil law, and of additional rules of law, would 
become the more apparent with the extension of 
the Roman power and their intercourse with other 
nations. But the method in which the praetor 
introduced new rules of law was altogether con- 
formable to the spirit of Roman institutions. The 
process was slow and gradual ; it was not effected 
by the destruction of that which existed, but by 
adapting it to circumstances. Accordingly, when 
a right existed, or was recognised, the praetor 
would give an action, if there was none ; he would 
interfere by way of protecting possession, but he 
could not make possession into ownership, and, 
accordingly, that was effected by the law [Usu- 
CAPIo] : he aided plaintiffs by fictions, as, for in- 
stance, in the Publiciana actio, where the fiction 
was, that the possessor had obtained the ownership 
by usucapion, and so was quasi ex jure Quiritium 
dominus (Gaius, iv. 3G) ; and he also aided parties 
by execptiones, and in integrum restitutio. [Jus.] 

The old forms of procedure were few in number, 
and they were often inconvenient and failed to do 
justice. Accordingly, the praetor extended the 
remedies by action, as already intimated in the 
case of the Publiciana actio. This change pro- 
bably commenced after many of the legis actiones 
were abolished by the Aebutia lex, and the neces- 
sity of new forms of actions arose. These were in- 
troduced by the praetors, and it is hardly a matter 
of doubt that in establishing the formulae they 
followed the analogy of the legis actiones. It is 
the conclusion of an ingenious writer (Khein. Mils, 
f ur Juris. i. p. 51, Die Oeconomie ties litlieles, 
von Hcffter), " that the edict of the praetor urbanus 
was in the main part relating to actions arranged 
after the model of the old legis actiones, and that 
the system is apparent in the Code of Justinian, 
and still more in the Digest" 

Under the emperors, there were many commen- 
tators on the Edict. Thus we find that Labeo 
wrote four books on the Edict, and a work of his 
in thirty books, Ad Edictum Praetoris Percgrini, 
is cited by Ulpian. (Dig. 4. tit. 3. s. 9.) Salvias 
Julianus, a distinguished jurist, who lived in the 
time of Hadiian, and filled the office of praetor, 
made a compilation of Edictal law by order of the 
emperor ; the work was arranged in titles, ac- 
cording to subjects (Bucking, Instil, i. 30. n. 1 1). 
It was called Edictum Perpetaom ; and it seems, 
that from the date of this treatise, the name Pcr- 
petuum was more particularly applied to this 
edictum than to that which was originally and pro- 
perly called the Edictum Perpetuum. Julian ap- 
pears to have collected anil arranged the old edicts, 
and he probably both omitted what had fallen into 
disuse, and abridged many parts, thus giving to 
the whole a systematic character. The work of 
Julian must have had great influence on the study 
of the law, and on subsequent juristical writings. 
It does not seem probable, that the edicts of tin- 
two Roman praetor?, together with the Edictum 
Provinciale, and the edicts of the curulc B'diles, 
were blended into one in this compilation. If the 
work of Julian comprehended nil these edict*, 



446 EDICTUM TIIEODORICI. 



EISAGOGEIS. 



they must have been kept distinct, as the subject- 
matter of them was different. We know that the 
edicts of the curule aediles were the subject of 
distinct treatises by Gaius, Ulpian, and Paulus, 
and the Edictum Provinciale would, from its nature, 
be of necessity kept separate from all the rest. 
But some writers are of opinion, that the Edictum 
Perpetuum of Julianus made one body of law out 
of the edicta of the praetor urbanus and peregrinus, 
that there was also incorporated into it much of 
the Edictum Provinciale, and a large part of the 
Edictum Aedilitium, as an appendage at least. 
The Edict thus arranged and systematised was, it 
is further supposed, promulgated in the provinces, 
and thus became, as far as its provisions extended, 
a body of law for the empire. This view of the 
edictum of Julianus is confirmed by the fact of 
Italy being divided by Hadrian into the city of 
Rome with its appurtenant part, and four districts. 
The magistratus remained as before, but the juris- 
diction of the praetor was limited to Rome and its 
territory ; and magistrates, called consulares, and 
subsequently, in the time of Aurelius, juridici, were 
appointed to administer justice in the districts. 
As the edictal power of the praetor was thus 
limited, the necessity for a comprehensive Edict 
(such as the Edictum Perpetuum of Julian) is the 
more apparent. 

There were numerous writings on the Edict 
besides those above enumerated. They were 
sometimes simply entitled Ad Edictum, according 
to the citations in the Digest ; and there were also 
other juristical writings, not so entitled, which fol- 
lowed the order of the Edict, as, for instance, the 
epitome of Hermogenianus. (Dig. 1. tit. 5. s. 2.) 
Ultimately, the writings on the Edict, and those 
which followed the arrangement of the Edict, ob- 
tained more authority than the Edict itself, and 
became the basis of instruction. 

Some few fragments of the older edicts are 
found in the Roman writers, but it is chiefly from 
the writings of the jurists, as excerpted in the 
Digest, that we know anything of the Edict in its 
later form. It seems pretty clear that the order of 
Justinian's Digest, and more particularly that of 
his Code, to some extent followed that of the 
Edict. The writings on the Edict, as well as the 
Edict itself, were divided into tituli or rubricae, 
and these into capita ; some special or detached 
rules were named clausulae ; and some parts were 
simply named edictum, as Edictum Carbonianum, 
&c. 

The Edicta or Edictales Leges of the emperors 
are mentioned under Constituted. 

The Digest, as already observed, contains nu- 
merous fragments of the Edicts. The most com- 
plete collection of the fragments of the Edicts is 
by Wieling, in his " Fragmenta Edicti Perpetui," 
Franek. 1733. The latest essay on the subject is 
by C. G. L. de Weyhe, " Libri Tres Edicti sive 
de Origine Fatisque Jurisprudentiae Romanae prae- 
sertim Edictorum Praetoris ac de Forma Edicti 
Perpetui," Cell. 1821. The twenty-first book of 
the Digest (tit. 1) is on the Aedilitium Edictum. 
(Zimmern, Gescldchte des Rom. Prvoatrechts ; Ma- 
rezoll, Lehrhuch, &c. ; Rein, Das Romisehe Privat- 
recht, &c, Leipzig, 1836 ; Savigny, Gescldchte des 
R. R., &c. vol. i. c. 1 ; Savigny, System, &c, vol. 
i. pp. 10.9, &c, 116, &c.) [G.L.] 

EDICTUM TIIEODORICI. This is the first 
collection of law that was made after the downfal 



of the Roman power in Italy. It was promulgated 
by Theodoric, king of the Ostrogoths, at Rome, in 
the year A. D. 500. It consists of 154 chapters, 
in which we recognise parts taken from the Code 
and Novellae of Theodosius, from the Codices Gre- 
gorianus and Hermogenianus, and the Sententiae 
of Paulus. The Edict was, doubtless, drawn up by 
Roman writers, but the original sources are more 
disfigured and altered than in any other compila- 
tion. This collection of law was intended to apply 
both to the Goths (Barbari) and the Romans, so 
far as its provisions went ; but when it made no 
alteration in the Gothic law, that law was still to 
be in force for the Barbari ; and the Roman 
law was still to prevail for the Romans in those 
cases to which the Edictum was not applicable. 
Athalarich, the grandson of Theodoric, or rather 
Amalasuntha, the mother of Athalarich, who was 
a minor, completed this Edictum by a new one ; 
but after Narses had again united Italy to the 
dominion of Justinian, the legislation of Justinian 
was established in Italy (a. d. 554), and the 
Edictum of Theodoric had no longer authoritj r . 
The opinion of modern writers as to the design and 
ob ject of the Edictum of Theodoric is by no means 
uniform. There is an edition of this Edictum 
by G. F. Rhon, Halle, 1816, 4to. (Savigny, 
Geschichte des R. R. &c. ; Booking, Instit. i. 
89.) [G. L.] 

EEDNA (hSm). [Dos.] 

EICOSTE (ciWttj), a tax or duty of one 
twentieth (five per cent.) upon all commodities ex- 
ported or imported by sea in the states of the allies 
subject to Athens. This tax was first imposed 
B. c. 415, in the place of the direct tribute which 
had up to this time been paid by the subject 
allies ; and the change was made with the hope 
of raising a greater revenue. (Thuc. vii. 28.) 
This tax, like all others, was farmed, and the 
farmers of it were called eicostologi (elitoo-To\6yoi). 
It continued to be collected in B. c. 405, as Aris- 
tophanes mentions an cicostologus in that year 
{Ran. 348). It was of course terminated by the 
issue of the Peloponnesian war, but the tribute 
was afterwards revived on more equitable prin- 
ciples under the name of Syntaucis {avvra^Ls). 
(Biickh, Publ. Econ. of Alliens, pp. 325, 401, 2nd 
ed.) 

We also read of an eicoste levied by the sons 
of Peisistratus. This tax was a twentieth of the 
produce of the lands in Attica, and was only half 
of what had been levied by Peisistratus himself. 
(Thuc. vi. 54.) 

El REN (eipTjx) or IREN (fyv), the name 
given to the Spartan youth when he attained the 
age of twenty. At the age of eighteen he emerged 
from childhood, and was called Melleiren dueA- 
Keipriv, Plut. Lye. 17). When he had attained 
his twentieth year, he began to exercise a direct 
influence over his juniors, and was entrusted with 
the command of troops in battle. The word ap- 
pears to have orignally signified a commander. 
Hesychius explains "ipaves by &pxovrss, Sid- 
kovt€s : and e(p7)ca£ei by Kparet. The ipeVes 
mentioned in Herodotus (ix. 85) were certainly 
not youths, but commanders. (Miiller, Dorians, 
vol. ii. p. 315.) 

EISAGO'GEIS (elo-aywyA), at Athens, were 
not themselves distinct magistrates ; but the name 
was given to the ordinary magistrates when ap- 
plication was made to them for the purpose of 



EISANGELIA. 



EISANGELIA. 



447 



bringing a cause {elouyeiv) into a proper court. I 
[Diaetetae; Dike.] The cause itself was 
tried, as is explained under Dike, by dicasts 
chosen by lot ; but all the preliminary proceed- 
ings, such as receiving the accusation, drawing up 
the indictment, introducing the cause into court, 
&c, were conducted by the regular magistrate, 
who attended in his own department to all that 
was understood in Athenian law by the rjyc)ioyia 
too SiKouTTrtpiov. Thus we find the strategi, the 
logistae, the iiriGT&Tai riiy S-rj/ioaiuiv (pyuv, the 
iiTiHf\T)Tal rod i/nroplov, &c, possessing this 
r,yt\x.ovia ; but it was not the chief business of any 
of the public magistrates, except of the archons 
and perhaps of the eleven. The chief part of the 
duties of the former, and especially of the thes- 
mothetae, consisted in receiving accusations and 
bringing causes to trial (€i'ao7€i^) in the proper 
courts. [Archon.] 

EISANGE'LIA (flo-a.yye\ta), signifies, in its 
primary and most general sense, a denunciation of 
any kind (Schomann, Lie Comitas, p. 181), but, 
much more usually, an information laid before the 
council or the assembly of the people, and the 
consequent impeachment and trial of state crimi- 
nals at Athens under novel or extraordinary cir- 
cumstances. Among these were the occasions 
upon which manifest crimes were alleged to have 
been committed, and yet of such a nature as the 
existing laws had failed to anticipate or at least 
describe specifically (&ypa<pa ooiKiijtaTa), the result 
of which omission would have been, but for the 
enactment by which the accusations in question 
might be preferred (v6fn.es uaayythr ik6s), that a 
prosecutor would not have known to what magis- 
trate to apply ; that a magistrate, if applied to, 
could not with safety have accepted the indictment 
or brought it into court ; and that, in short, there 
would have been a total failure of justice. (Har- 
pocrat. s. v.) The process in question was pecu- 
liarly adapted to supply these deficiencies ; it 
pointed out, as the authority competent to deter- 
mine the criminality of the alleged act, the as- 
sembly of the people, to which applications for 
this purpose might be made on the first business- 
day of each prytany (nvp'ta ixKKrio-ia, llarpocrat.), 
or the council, which was at all times capable of 
undertaking such investigations ; and occasionally 
the accusation was submitted to the cognizance of 
both these bodies. After the offence had been 
declared penal, the forms of the trial and amount 
of the punishment were prescribed by the same 
authority ; and, as upon the conviction of the 
offenders a precedent would be established for the 
future, the whole of the proceedings, although ex- 
traordinary, and not originating in any specific 
law, may be considered as virtually establishing a 
penal statute, retrospective in its first application. 
(Lycurg. c. IjMcrat. p. 149, ed Stoph.) 

The speech of Euryptolcmus (Xen. /fell. i. 7. 
tub fill.) clearly shows that the crime charged 
against the ten generals who fought at Arginusac 
was one of these unspecified offences. The decree 
of the senate against A ntiphon and hi* colleagues 
(I'lut. Vit. lire. OnUnr. p. V/M, c), dir. din.' 
that they should be tried, and, if found guilty, 
punished as traitors, accma to warrant the infer- 
ence, that their delinquency (viz. having under- 
taken an embassy to Sparta by order of the Knur 
Hundred, a government declared illegal upon the 
reinstatement of the democracy), did not amount 



to treason in the usual sense of the term, but re- 
quired a special declaration by the senate to render 
it cognizable as such by the Heliaea. Another 
instance of treason by implication, prosecuted as 
an extraordinary and unspecified crime, appears in 
the case of Leocratcs, who is, in the speech alreadv 
cited, accused of having absented himself from his 
country, and dropped the character of an Athe- 
nian citizen at a time when the state was in immi- 
nent danger. Offences, however, of this nature 
were by no means the only ones, nor indeed the 
most numerous class of those to which extraordi- 
nary denunciations were applicable. They might 
be adopted when the charge embraced a combina- 
tion of crimes, as that of treason and impiety in 
the famous case of Alcibiadcs, fur each of which a 
common indictment (ypaipr]) was admissible, when 
the accused were persons of great influence in the 
suae, when the imputed crime, though punishable 
by the ordinary laws, was peculiarly heinous, or 
when a more speedy trial than was permitted by 
the usual course of business was requisite to ac- 
complish the ends of justice. (Schomann, De Com. 
p. l!H) ; llarpocrat) Circumstances such as these 
would, of course, be very often pretended by an in- 
former to excite the greater odium against the 
accused, and the adoption of the process in ques- 
tion must have been much more frequent than 
was absolutely necessary. 

The first step taken by the informer was to re- 
duce his denunciation to writing, and submit it 
immediately to the cognizance of the council, 
which had a discretionary power to accept or re- 
ject it. (Lys. c. Nioom. p. 1U5.) Schomann main- 
tains that a reference to this body was also neces- 
sary when it was intended to bring the matter 
before the assembly of the people, but that its 
agency was in such cases limited to permitting 
the impeachment to be announced for discussion, 
and directing the proedri to obtain a hearing for 
the informer. The thesmothetae are also men- 
tioned by Pollux (viii. Ii7) as taking part in bring- 
ing the matter before the assembly, but upon what 
occasion they were so employed we can only con- 
jecture. 

In cause9 intended for the cognizance of the 
council only, after the reception of the denuncia- 
tion, three courses with respect to it might be 
adopted by that body. If the alleged offence were 
punishable by a fine of no greater amount than 
five hundred drachmae, the council itself formed a 
court competent for its trial ; if it was of a graver 
character they might pass a decree, such as that in 
the case of Antiphon already mentioned, directing 
the proper officers to introduce the cause to a He- 
liastic court, and prescribing the time and forms 
of the trial, and the penalty to be inflicted upon 
the conviction of the criminals ; lastly, if the mat- 
ter were highly important, and from doubts or 
other reasons they required the sanction of the 
assembly, they might submit the cause as it stood 
to the ' consideration of that body. In the first 
case, the trial was conducted before the council 
with all the forms of an ordinary court, and if, 
upon the assessment of penalties, the offence seem- 
ed to deserve a heavier punishment than fell with- 
in its competency, the trial was transferred to a 
llclia*tic court, by the delivery of the sentence of 
the council (Kardyvwait) to the thesmothetae by 
the scribe of tin- prytanes, nnd upon these officer* 
it then devolved to bring the- criminals to justice. 



448 



EISANGELIA. 



EISPIIORA. 



(Dcm. c. Timocr. p. 720.) The accused were in 
the meanwhile put into prison for safe custody by 
the authority of the council. When the offence 
was obviously beyond the reach of the senate's 
competency, the trial was dispensed with, and a 
decree immediately drawn up for submitting the 
cause to a superior court. 

"When a cause of this kind was so referred, the 
decree of the senate, or vote of the people, asso- 
ciated other public advocates, generally ten in num- 
ber, with the informer, who received a drachma 
each from the public treasury (avvhyopoi) . And 
besides these, permission was given to any other 
citizen to volunteer his services on the side of the 
prosecution. If the information were laid before 
the assembl) r , either by the accuser himself, or the 
senate, the first proceedings in the cause had for 
their object to establish the penalty of the offence, 
or the apparent culpability of the accused ; and this 
being decided by a vote of the people after a public 
discussion, the mode of conducting the trial and 
the penalty were next fixed. In the case of the 
ten generals, the assembly directed that the senate 
should propose the requisite arrangements. The 
plan of the senate, however, was not necessarily 
adopted, but might be combated by rival proposals 
of any private citizen. The assembly very often 
referred the matter to the Heliastic courts, but 
occasionally undertook the trial itself ; and when 
the prisoner was accused of treason, we are told 
(Xen. I. c.) that he made his defence to the assem- 
bly in chains, and with a keeper upon either side ; 
and, according to another authority (Schol. ad 
Aristoph. Eccles. 1081), that the time for such de- 
fence was limited. After this the tribes voted by 
ballot, two urns being assigned to each tribe for 
this purpose. The informer, in the event of the 
prisoner being acquitted, was subjected to no 
penalty if he obtained the votes of as many as a 
fifth of the judges ; otherwise, he was liable to a 
fine of a thousand drachmae. For a more ample 
discussion of the trials in question the reader is re- 
ferred to Schbmann (De Comiiiis, c. iii.). 

Besides the class of causes hitherto described, 
there were also two others which equally bore the 
name of eisangelia, though by no means of the 
same importance, nor indeed much resembling it 
in the conduct of the proceedings. The first of 
these consists of cases of alleged KaKutns, i. e. 
wrong done to aged or helpless parents, women, 
or orphans. Upon such occasions the informer 
laid his indictment before the archon, if the 
aggrieved persons were of a free Attic family ; or 
before the polemarch, if they were resident aliens. 
The peculiarities of this kind of cause were, that 
any Athenian citizen might undertake the accusa- 
tion ; that the informer was not limited as to time 
in his address to the court, and incurred no penalty 
whatever upon failing to obtain a verdict. With 
respect to the accused it is obvious that the cause 
must have been Ti/urjTds, or, in other words, that 
the court would have the power of fixing the 
amount of the penalty upon conviction. The third 
kind of eisangelia was available against one of 
the public arbitrators (Sicut^ttjs), when any one 
complained of his having given an unjust verdict 
against him. The information was in this case 
laid before the senate ; and that the magistrate 
who had so offended, or did not appear to defend 
himself, might be punished by disfranchisement, 
we know from the instance mentioned by Demos- 



thenes (c. Meid. p. 542. 14). This passage, how- 
ever, and an allusion to it in Harpocration, con- 
stitutes the whole of our information upon the 
subject. (Hudtwalcker, uber die Di'dtet. p. 19 ; 
Meier, Att. Process, p. 270.) [J. S. M.] 

EISITE'KIA (eiVtTTjpia), scil. Upd, sacrifices 
which were offered at Athens by the senate be- 
fore the session began, in honour of the ©eoi Bou- 
AcsToi, i. e. Zeus and Athena. (Antiph. De C/tor. 
p. 789 : Bockh, Corp. Inscript. i. p. 671.) The 
sacrifice was accompanied by libations, and a 
common meal for all the senators. (Demosth. De 
Fals. Leg. p. 400. 24 ; compared with c. Mid. 
p. 552. 2, where sl<riTr)pia are said to be offered 
for the senate, farep rfjs 0ov\Tjs). 

Suidas (s. v.) calls the eiViT7jp«x a festive day — ■ 
the first of every year — on which all the Athenian 
magistrates entered upon their office, and on which 
the senate offered up sacrifices for the purpose of 
obtaining the goodwill of the gods for the new 
magistrates. But this statement, as well as the 
further remarks he adds, seem to have arisen from 
a gross misunderstanding of the passage of Demos- 
thenes (De Fals. Leg. p. 400), to which he refers. 
Schomann (De Comit. p. 291, transl.) adopts the 
account of Suidas, and rejects the other statement 
without giving any reason. [L. S.] 

EI'SPHORA (eio-cpopd), literally a contribution 
or tribute, was an extraordinary tax on property, 
raised at Athens, whenever the means of the state 
were not sufficient to carry on a war. The money 
thus raised was sometimes called to KaraSXiinara. 
(Demosth. c. Timocr. p. 731.) We must carefully 
distinguish between this tax and the various 
liturgies which consisted in personal or direct ser- 
vices which citizens had to perform, whereas the 
da<popd consisted in paying a certain contribution 
towards defraying the expenses of a war. Some 
ancient writers do not always clearly distinguish 
between the two, and Ulpian on Demosthenes 
(Ohjnih. ii. p. 33, e.) entirely confounds them ; and 
it is partly owing to these inaccuracies that this 
subject is involved in great difficulties. At the 
time when armies consisted only of Athenian citi- 
zens, who equipped themselves and served without 
pay, the military service was indeed nothing but a 
species of extraordinary liturgy ; but when mer- 
cenaries were hired to perform the duties of the 
citizens, when wars became more expensive and 
frequent, the state was obliged to levy contribu- 
tions on the citizens in order to be able to carry 
them on, and the citizens then paid money for 
services which previously they had performed in 
person. 

It is not quite certain when this property-tax 
was introduced ; for, although it is commonly in- 
ferred, from a passage in Thucydides (iii. 19), that 
it was first instituted in 428 B. c. in order to de- 
fray the expenses of the siege of Mytilene, yet we 
find eiV<popa mentioned at an earlier period. (See 
Antiph. Tetral. i. b. c. 12 ; Isaeus,.De.Kca<?o<7. c. 37 ; 
and Tittmann, Griech. Staatsv. p. 41, note 31) ; 
and even the passage of Thucydides admits of an 
interpretation quite in accordance with this, for it 
is certainly not impossible that he merely meant to 
say, that so large an amount as 200 talents had 
never before been raised as elo-<popd. But, how- 
ever this may be, after the year 428 B. c. this pro- 
perty-tax seems to have frequently been raised, for, 
a few years afterwards, Aristophanes (Equit. 922 ) 
speaks of it as something of common occurrence. 



EISPHOBA. 

Such a contributiou could never be raised without 
a decree of the people, who also fixed upm the 
amount required (Demosth. c. Polycl. p. 1208 ; 
Aristoph. Eccles. 818) ; the generals superintended 
its collection, and presided in the courts where 
disputes connected with, or arising from, the levy- 
ing of the tax were settled. (Wolf, Proleg. in 
Leptin. p. 94 ; Demosth. c. Boeot. p. 1002.) Such 
disputes seem to have occurred rather frequently ; 
personal enmity not seldom induced the officers to 
tax persons higher than was lawful, according to 
the amount of their property. (Aristoph. I. c. ; 
Demosth. c. Aphob. p. 815.) The usual expres- 
sions for paying this property-tax are : el<r<pipeiv 
Xphpara, el<r<p4peu> eis tou iroAe/ioi', e/r T7)f am- 
rnpiav T7)s iri\tws el<r<popas cl<r<p4peiv, and those 
who paid it were called oi elo-<p4povTes. On the 
occasion mentioned by Thucydides, the amount 
which was raised was, a3 we have seen, 200 
talents, which, if we suppose the taxable property 
to have been 20,000 talents, was a tax of one per 
cent (Bockh, PM. Earn. p. 520, 2d edit.) On 
other occasions, the rate3 were higher or lower, ac- 
cording to the wants of the republic at the time ; 
we have accounts of rates of a twelfth, a fiftieth, a 
hundredth, and a five hundredth part of the tax- 
able property. 

The census of Solon was during the first period 
the standard according to which the c\o~<popa was 
raised, until in 377 B. c, in the archonship of 
Nausinicus, a new census was instituted, in which 
the people, for the purpose of fixing the rates of 
the property-tax, were divided into a number of 
svmmoriae (avufiop'tai) or classes, similar to those 
which were afterwards made for the Hierarchy. 
(Philoch. apu/l llarpocrat. s. v. Zvufiopta ; Demosth. 
c. Amlrot. p. 606 ; Ulpian, ail Demosth. Olynth. ii. 
p. 33, t.) The nature of this new census, not- 
withstanding the minute investigation of Bockh 
{PM. Earn, book iv), is still involved in great ob- 
scuritv. Each of the ten phylae, according to 
Ulpian, appointed 120 of its wealthier citizens, 
who were divided into two parts, according to their 
property, called symmoriae, each consisting of sixty 
persons ; and the members of the wealthier of the 
two symmoriae were obliged, in cases of urgent 
necessity, to advance to the less wealthy the sum 
required for the ei<r<pop& (irpo(i<r<popd, Demosth. c. 
Mid. p. 564, &c). When the wants of the state 
had been thus supplied, those who had advanced 
the money could at their case, and in the usual 
way, exact their money back from those to whom 
they had advanced it The whole number of per- 
sons included in the symmoriae was 1200, who 
were considered as the representatives of the whole 
republic ; it would, however, as Hiickh justly ob 
serves, be absurd to suppose with Ulpian that 
these 1200 alone paid the property-tax, and that 
all the rest were exempt from it The whole 
census of 6000 (Demosth. De Symmor.), or more 
accurately of 5750 talents (Polyb. ii. 62. § 7), was 
surely not the property of 1200 citizens, but the 
taxable property of the whole republic. Many 
others, therefore, though their property was smaller 
than that of the 1200, must have contributed to 
the tltrtpopd, and their property must be considered 
as included in the census of 5750 talents of tax 
able property. 

The body of 1200 was, according to Ulpian, 
alto divided into four classes, each consisting "i 
300. The first class or lnc richest, were the 



EISPHORA. 



449 



leaders of the symmoriae (rry(ft6ve$ (rvfifiopiHv), 
and are often called the three hundred kot i^oxV". 
They probably conducted the proceedings of the 
symmoriae, and they, or, which is more likely, the 
demarchs, had to value the taxable property. Other 
officers were appointed to make out the lists of the 
rates, and were called 4iriypa(peis, hiaypcuptis, or 
eKKoyels. When the wants of the state were 
pressing, the 300 leaders, perhaps in connection 
with the 300 included in the second class — for 
Ulpian, in the first portion of his remark, states 
that the richer symmoria of every phyle had to 
perform this duty — advanced the money to the 
others on the above-mentioned terms (Demosth. t. 
Pkaenipp. p. 146), which, however, was never 
done unless it was decreed by the people. (Demosth. 

Polycl. p. 1209.) The rates of taxation for the 
four classes have been made out with great proba- 
bility by Bockh (Publ. Econ. p. 519, 2d edit), 
from whose work the following table is taken : — 



First Class, from twelve talents uptcards. 


Property. Taxable. Taxable Capital. 


Property- tax 
of l-20th part. 


500 tal. . i . 


100 tal. . . . 


5 tal. 


100 „ . ± . 


20 „ . . . 


1 „ 


50 „ . £ . 


10 „ . . . 


30 min. 


15 „ . i . 


3 „ . . . 


9 » 


12 „ • i • 


2 til. 24 min. 


720 drach. 



Property. 
11 tal. 
10 „ 



Taxable. 



Second Class, from six talents and upwards, but 
under twelve. 

Taxable CapitaL*^** 
1 taL 50 min. 550 drach. 
1 „ 40 „ 500 „ 
8 „ . i . 1 „ 20 „ 400 „ 
7 „ . i . 1 „ 10 „ 350 „ 
6 „ . i ■ 1 „ ... 300 „ 

Tfdrd Class, from two talents upwards, but under 
six. 

Taxable Capital 

37i min. . 
30" „ . 



Property. 
5 tal. 
4 „ 

3 „ 

2± n 

2 „ 



Taxable. 



18| 
15 



Property-tax 
of 1.20th part. 

UJ7i drach. 
150 „ 
112* „ 
93$ „ 
75 „ 



Fourth Class, from twenty-five minac upwards, but 
under two talents. 



Property. 
Ii tal. 
1 „ 

45 min. 
30 „ 



Taxable Capital. 
900 drach. . 
600 „ 
450 „ . 
300 „ 
250 „ . 



Prnpcrtyfcix 
of l-20th part 
45 drach. 
30 „ 
22* „ 
15 „ 
124 « 



Taxable. 

I 

• To" 
T5 

•At 

Every one had to pay his tax in the phyle 
where his landed property lay, as appears from 
the oration of Demosthenes against Polycles ; and 
if any one refused to pay, the state had a rieht to 
confiscate his estate, but not to punish the indi- 
vidual with atimia. (Demosth. c. Androt. p. 609, 
c. Timocrat. p. 752.) But if any one thought that 
his property was taxed higher than that of another 
man on whom juster claims could be made, he had 
the right to call upon this person to take the office 
in his stead, or to submit to a complete exchange 
of property. [Antidosih.] No Athenian, on 
the other hand, if belonging to the tax-paying 
, i . oiilil be exempt from the «i'<ripopo, not even 
the descendants of Hnnnodius and Aristogiton. 



450 



ELECTRUM. 



ELECTRUM. 



(Demosth. e. Leptin. p. 462, &c.) Orphans, though 
exempt from liturgies, were ohliged to pay the pro- 
perty-tax, as we see in the instance of Demosthe- 
nes, who was one of the leaders of the symmoriae 
for ten years (c. Mid. p. 565 ; compare Isaeus, 
ap. Dionys. Isaeus, p. 108 ; or Orat. Grace, vol. vii. 
p. 331, ed. Reiske). Even trierarchs were not 
exempt from paying the eiVcpopa themselves, 
although they could not he compelled to pay the 
■jrpoeiiT(popd. (Demosth. c. Polycl. p. 1209, c.Phae- 
nipp. p. 1046.) It seems that aliens were likewise 
subject to it, for the only instance we have of any 
exception being made is one of aliens. (Marm. 
Oxon. ii. xxiv. ; BSckh, Puhl. Eco?i. p. 538.) 

For further information concerning the subject 
of the eiacpopd, see the fourth book of Bockh's 
Public Economy of Athens; Wolf, Prolegomena 
in Leptin.; Wachsmuth, Hellen. Alterth. vol. .ii. 
p. 98, 2d edit. ; Hermann, Pol. Ant. of Greece, 
§162. [L.S.] 
ELAEOTHE'SIUM. [Balneae, p. 190.] 
ELAPHEBO'LIA (i\a<trn§6\ta), the greatest 
festival in the town of Hyampolis, in Phocis, which 
was celebrated in honour of Artemis, in commemo- 
ration, it is said, of a victory which its inhabitants 
had gained over the Thessalians, who had ravaged 
the country and reduced the Phocians in the 
neighbourhood of the town nearly to the last ex- 
tremity. (Plut. De Mul. Virt. p. 267 ; Paus. x. 
35. § 4.) The only particular which we know of 
its celebration is, that a peculiar kind of cake 
(eAa<pos) was made on the occasion. (Athen. xv. 
p. 646.) These cakes were, as their name indi- 
cates, probably made in the shape of a stag or 
deer, and offered to the goddess. The festival of 
the elaphebolia was also celebrated in many other 
parts of Greece, hut no particulars are known. 
(Etymol. Magn. s. v. 'Y.Xa<pt)SoXiwv.) [L. S.] 
ELAPHEBO'LION. [Calendarium.] 
ELECTRUM (fjAe/crpos and fiXenrpov), is 
used by the ancient writers in two different senses, 
either for amber or for a mixture of metals com- 
posed of gold and silver. In the former sense, it 
does not come within the scope of this work, ex- 
cept as a substance used in the arts, and also on 
account of the difficulty of deciding, with respect 
to several of the passages in which the word 
occurs, in which of the two senses it is used. If 
we could determine which was first known to the 
Greeks, the mineral or the metal, the subject 
would be simplified ; hut the only means we have 
of determining this question is the slight internal 
evidence of a few passages in Homer. If, as we 
shall endeavour to show, those passages refer to 
amber, a simple explanation of the twofold use of 
the word suggests itself ; namely, that the word 
originally meant amber, and that it was afterwards 
applied to the mixed metal, because its pale yellow 
colour resembled that of amber. Etymologically, 
the word is probably connected with r/AeKTop, the 
sun, the root-meaning being brilliant. (Pott, Etym. 
Forsch. pt. i. p. 237 : this derivation was known to 
Pliny, H. N. xxxvii. 2. s. 11: Buttmann's deriv- 
ation from i\Kw, to draw, is objectionable both on 
philological and historical grounds : the attractive 
power of amber, when rubbed, is said, and no 
doubt correctly, to have been discovered long after 
the mineral was first known.) 

The word occurs three times in Homer ; in two 
cases where mention is made of a necklace of gold, 
bound, or held together, ■qXeKTpoio-iv, where the 



plural is almost alone sufficient to prove that the' 
meaning is, with amber beads. (Od. xv. 460, xviii. 
295.) In the former passage the necklace is 
brought by a Phoenician merchant. The other 
passage is in the description of the palace of Me- 
nelaus, which is said to he ornamented with the 
brilliancy of copper (or bronze) and gold, and 
electrum, and silver, and ivory. (Od. iv. 73.) 
Now, since the metallic electrum was a mixture of 
gold with a small portion of silver, the enumera- 
tion of it, as distinct from gold and silver would 
seem almost superfluous ; also, the supposition that 
it means amber agrees very well with the subse- 
quent mention of ivory : moreover, the order of 
the words supports this view ; for, applying to 
them the principle of parallelism, — which is so 
common in early poets, and among the rest in 
Homer, — and remembering that the Homeric line 
is really a distich divided at the caesura, we have 
gold and amber very aptly contrasted with silver 
and ivory : 

Xpvo~ov t' r/Ae'/crpou re 
Kal apyvpov i]b" i\4<pai>Tos. 

In this last passage, Pliny understood the wood 
to mean the metallic electrum (H. N. xxxiii. 4. 
s. 23) ; but his authority on the meaning of a pas- 
sage of Homer is worthless : and indeed the Latin 
writers seem generally to have understood the 
word in the sense of the metal, rather than of 
amber, for which they have another word, suc- 
cinum. In Hesiod's description of the shield of 
Hercules (v. 141), the word again occurs, and 
we have gypsum, and white ivory, and electrum, 
connected with shining gold and cyanus, where 
amber is the more natural interpretation ; although 
here again, the Roman imitator, Virgil, evidently 
understood by it the metal. (Aen. viii. 402.) For 
the discussion of other passages, in which the 
meaning is more doubtful, see the Lexicons of 
Liddell and Scott, and Seiler and Jacobitz, and 
especially Buttmann's Mytliologus, Supp. I. JJeber 
das Electron, vol. ii. pp. 337, foil. 

The earliest passage of any Greek writer, in 
which the word is certainly used for the metal, is 
in the Antigone of Sophocles (1038), where men- 
tion is made of Indian gold and the electrum of 
Sardis, as objects of the highest value. There can 
be little doubt that what is here meant is the pale 
gold deposited by certain rivers of Asia Minor, 
especially the Pactolus, which contained a consi- 
derable alloy of silver. We have here an example 
of native electrum; hut the compound was also 
made artificially. Pliny states that when gold 
contains a fifth part of silver, it is called electrum ; 
that it is found in veins of gold ; and that it is 
also made by art : if, he adds, it contains more 
than a fifth of silver, it becomes too brittle to be 
malleable. Among its properties are, according to 
the same author, the reflecting the light of a lamp 
more brightly than silver, and that a cup of native 
electrum detects the presence of poison by certain 
signs. One cannot hut suspect that the last state- 
ment is copied from some Greek writer, who made 
it respecting amber, on account of the similar pro- 
perty that used to be attributed to opal. (Plin. 
H. N. xxxiii. 4. s. 23, with Harduin's note ; comp. 
ix. 50. s. 65 ; Paus. v. 12. § 6.) Isidorus also dis- 
tinguishes the three kinds of electrum, namely, 
(1) amber; (2) the metal, found in its natural 
state ; (3) the metal artificially composed of three 



ELEPHAS. 



ELEPHAS. 



451 



parts of gold and one of silver, proportions differ- 
ing from those mentioned by Pliny. (Isid. xvi. 
23.) 

Electrum was used for plate, and the other 
similar purposes for which gold and silver were I 
employed. It was also used as a material for ' 
money. Lampridius tells us, that Alexander 
Severus struck coins of it ; and coins are in 
existence, of this metal, struck by the kings of j 
Bosporus, by Syracuse, and by other Greek 
states. (Eckhel, Doct. Num. Vet. vol. i. pp. xxiv. 
xxv.) [P. S.] 

E'LEPHAS (iAtipas). As we have to speak , 
of ivory chiefly in connection with Greek art, we . 
place what we have to say of it under its Greek 
name, in preference to the proper Latin word 
Elmr. (Elephantus is also used in poetry for 
ivory ; Virg. Georff. iii, 26, Aen. iii, 464, vi, 896.) 
In the early writers, such as Homer, Hesiod, and 
Pindar, the word invariably means ivory, never the 
elephant; just because the Greeks obtained ivory 
by commerce long before they ever saw, or had 
occasion to speak of, the animal from which it was 
obtained. But, on the other hand, there can be 
no doubt that the word etymologically signifies the 
animal, being identical with the Hebrew and 
Arabic, Aleph and Elef, which means an ox or 
other large graminivorous animal ; that is to say, 
the Greeks received the substance ivory, together 
with the name of the animal which produces it, and 
naturally applied the latter to the former. (Re- 
specting the name see further Liddell and Scott's 
lexicon, and Pott's Etym. Forsch. pt. i. p. lxxxi.) 
Herodotus, as might be expected from his researches 
in Asia and Africa, knew that ivory came from 
the teeth of the elephant, (iv. 191 ; Plin. H. N. 
viii. 3. s. 4) ; while on the other hand writers as 
lateasJuba (Plin. /. c.) and Pausanias (v. 12.8.1.) 
fell into the mistake of regarding the tusks as 
horns. 

The earliest mention of ivory in a Greek 
writer is in a passage of the Iliad (v. 583), where 
it appears as an ornament for harness (f)vta \(vk 
iKt<pairri). In the Odyssey its use as an article of 
luxury is so often referred to, that it is needless to 
enumerate the passages, which prove how exten- 
sively the Phoenician traders had introduced it 
into the Greek cities of Asia Minor, and no doubt 
also into Greece Proper. It appears among the 
ornaments of houses, furniture, vessels, armour, , 
harness, and bo forth. Neither is there any oc- \ 
casion to trace its continued use among the Greeks 
and Romans, down to the luxurious and expensive 
period of the empire, when the supply furnished by 
increased commerce was greatly enlarged by the 
prodigious quantity of elephants, which were pro- 
vided for the slaughters of the amphitheatre. It 
was used, not only as an ornament for, but as the 
entire material of chairs, beds, footstools, and other 
furniture, statues, flutes, and the frames of lyres, 
besides many other objects. 

The most important application of ivory was to 
works of art, and especially to those statues which, 
being composed of gold and ivory, were called 
chryselephantine (xpuc'AciJxfcTiva). 

The art of chryselephantine statuary must be 
regarded as a distinct subdivision, different from 
casting in bronze, and sculpturing in marble, and 
indeed more marly connected with carving in 
wood, as is even indicated by the application of the 
name (,<><u>a to the master works in this art (Strab. 



viii. p. 372). While the sculptor wrought at 
once upon a material, which had been compara- 
tively neglected in the early stages of art, on ac- 
count of the difficulty of working it, while the 
statuary reproduced in a more durable substance 
those forms which had been first moulded in a 
plastic material, another class of artists developed 
the capabilities of the other original branch of 
sculpture, carving in wood, which, on account of its 
facility, had been the most extensively practised 
in early times, especially for the statues of the 
gods. (Comp. Statlaria, and Diet, of Biog. art. 
Daedalus.) The rude wooden images were not 
only improved in form, but elaborately decorated, 
at first with colours and real drapers-, and after- 
wards with more costly materials. The first great 
step in their improvement was to make the parts 
which were not covered by drapery, namely the 
face, bands, and feet, of white marble ; such statues 
were called ucroliths. The next was to substitute 
plates of ivory for the marble ; and the further im- 
provement, the use of beaten gold ki place of real 
drapery, constitut d the chryselephantine statues. 
This art was one of those which have attained to 
their perfection almost as soon as they have re- 
ceived their first development. There were some 
works of this description before the time of Phei- 
dias* ; but the art, properly regarded, was at 
once created and perfected by him ; and the reason 
for its immediate perfection was, that the artist 
was prepared for his work, not only by his genius, 
but also by a perfect knowledge of the artistic 
laws, and the technical processes, of all the other 
departments of his art. 

Chryselephantine statuary, as practised by Phei- 
dias, combined, in addition to that perfection of 
form which characterised all the great works of 
the age, the elements of colossal grandeur, exqui- 
site beauty and delicacy of material, and the most 
rich and elaborate subsidiary decorations. The 
general effect of his Zeus or Athena was that of 
the most imposing grandeur and the most perfect 
illusion to which art can attain. In a bronze or 
marble statue the material at once dispels the 
illusion of reality ; but the impression produced 
upon a spectator by the soft tints of the ivory, the 
coloured eyes and the golden robe of the Olympian 
Zeus, to say nothing of the expression of the fea- 
tures and the figure, was almost that of looking 
upon the praesens numcn. These statues were the 
highest efforts ever made, and probably that ever 
can be made, to invest a religion of idolatry with 
an external appearance of reality ; and for the 
sake of this immediate effect the artist was willing 
to forego the lasting fame which he would have 
obtained if he had executed his greatest works in 
a more durable material. 

The most celebrated chryselephantine statues in 
Greece and the Greek states were those of Athena 
in the Acropolis of Athens, of Zeus at Olympia, of 
Asclepius at Epidaurus, all three by Phcidins ; 
the Hera near Argos by Polyclcitus (whose works 
in this department are esteemed by some the most 
beautiful in existence, though others considered 
them far inferior to those of Phcidias: comp. Strab. 
viii. p. 372 ; Quintil. xii. 10) ; the Olympian Zeus, 

" Mention is made of chryselephantine statues 
by Dorycleidca, Theoclcs, Mcdon, Cnnnchus, Me- 
naerhnin . and Suidns. (Sec the articles in the 
Did. nfUioy.) 

i, n 2 



452 



ELEPHAS. 



ELEUSINIA. 



set up at Daphne by Antiochus IV., in imitation 
of that of Pheidias ; certain statues, in the temple 
of Zeus Olympius at Athens, which are praised, 
but not specified, by Pausanias : and even some of 
the Greek kings of the conquered states of Asia 
arrogated to themselves this highest honour that 
the piety of earlier times could pay to the gods ; 
for Pausanias saw, in' the temple of Zeus at 
Olympia, an ivory statue of king Nicomedes (v. 
12. § 5). The chief of the above works are fully 
described in the Dictionary of Biography, arts. 
Pheidias, Polycleitus. 

The question respecting the mechanical execu- 
tion of chryselephantine statues involves certain 
difficulties, which have been very elaborately and 
ingeniously examined by Quatremere de Quincy, 
in his splendid work entitled " Le Jupiter Olym- 
pien, ou, TArt de la Sculpture Antique, conside're 
sous un nouveau point de vue : " &c. Paris, 1815, 
folio. A very slight consideration of the material 
employed will show the nature of the difficulties. 
From a log o£ wood or a block of marble the re- 
quired figure can be elaborated by cutting away 
certain portions : clay can be moulded, and bronze 
or plaster cast, in the form previously determined 
on : but the material for an ivory statue is pre- 
sented in pieces which must be made to assume an 
entirely new form before the work can be com- 
menced. Now De Quincy supposes that the 
ancients possessed the art, now lost, of cutting the 
curved parts of the elephant's tusk into thin 
plates, varying in breadth up to 12 or even 20 
niches, and bending them into the exact curves 
required by the various parts of the figure to be 
covered. These plates, having been brought to 
their proper forms by comparison with a model, on 
which each of them was marked, were placed upon 
the core of the statue, which was of wood, 
strengthened with metal rods, and were fastened 
to it and to each other chiefly by isinglass ; and 
of course the whole surface was polished. (An 
excellent account of the process, according to De 
Quincy's views, is given in the work entitled 
Menageries, vol. ii. c. 13.) The ivory was used 
for the flesh parts, that is, in the colossal statues 
of the deities, the face, neck, breast, arms, hands, 
and feet. The other parts of the wooden core 
were covered with thin beaten gold, to represent 
the hair and drapery, which was affixed to the 
statue in such a manner as to be taken off at plea- 
sure, as, ultimately, it was. The gold was in 
many places embossed and chased ; and colours 
were freely employed. The eyes were formed 
either of precious stones or of coloured marbles. 
To preserve the ivory from injury, either from too 
much or too little moisture, oil was poured over it 
in the first case, water in the second. (Comp. 
Diet, of ' Biog. avt. P/teidias, and Mttller, Arch. d. 
Kunst, § 312.) The prodigious quantities of ivory 
required for these works were imported, in the 
time of Pheidias, chiefly from Africa. (Hermipp. 
ap. Ath. i. p. 27.) 

The other uses of ivory in the arts were chiefly 
the making of statuettes and other small objects, 
which could be carved at once out of the solid part 
of the tusk ; and for such purposes it seems to 
*have been employed from a very early period. 
Thus on the chest of Cypselus there were ivory 
figures in relief (Pans. v. 17. §2). Various smail 
works in ivory have come down to us, belonging 
to all periods of the art, among the most interest- 



ing of which are writing tablets (SeKroi, libri ele- 
phantini), with two, three, five, or more leaves 
(diptycha, triptyeha, pentaptyeha, &c), either en- 
tirely of ivory, or with the leaves of parchment and 
the covers of ivory : the covers are carved in relief. 
These tablets are chiefly of the later ages of Rome, 
and are divided into two classes, Consularia and 
Ecclesiastica, which are distinguished by the carv- 
ings on their covers ; those on the former being 
figures of consuls at the pompa Circensis, missiones, 
and so forth, those on the latter representing bibli- 
cal subjects (Muller, I. c. n. 3). The teeth of the 
hippopotamus were sometimes used as a substi- 
tute for ivory in works of art. (Paus. viii. 46. 
§ 2.) [P. S.] 

ELEUSI'NIA ('E\eu(riVia), a festival and 
mysteries, originally celebrated only at Eleusis in 
Attica, in honour of Demeter and Persephone. 
(Andoc. De Myst. 15.) All the ancients who have 
occasion to mention the Eleusinian mysteries, or 
the mysteries, as they were sometimes called, agree 
that they were the holiest and most venerable of 
all that were celebrated in Greece. (Aristot. Rhet. 
ii. 24 ; Cic. De Nat. Deor. i. 42.) Various tradi- 
tions were current among the Greeks respecting 
the author of these mysteries ; for, while some con- 
sidered Eumolpus or Musaeus to be their founder, 
others stated that they had been introduced from 
Egypt by Erechtheus, who at a time of scarcity 
provided his country with corn from Egypt, and 
imported from the same quarter the sacred rites 
and mysteries of Eleusis. A third tradition attri- 
buted the institution to Demeter herself, who, when 
wandering about in search of her daughter, Perse- 
phone, was believed to have come to Attica, in the 
reign of Erechtheus, to have supplied its inhabit- 
ants with corn, and to have instituted the teActoi 
and mysteries at Eleusis. (Diod. Sic. i. 29 ; Isocrat. 
Panegyr. p. 46, ed. Steph.) This last opinion 
seems to have been the most common among the 
ancients, and in subsequent times a stone, called 
wye\ao-Tos irerpa (triste saxum), was shown near 
the well Callichoros at Eleusis, on which the god- 
dess, overwhelmed with grief and fatigue, was be- 
lieved to have rested on her arrival in Attica. 
(Apollod. Biblioth. i. 5 ; Ovid. Fast. iv. 502, &c.) 
Around the well Callichoros, the Eleusinian women 
were said to have first performed their chorus, and 
to have sung hymns to the goddess. (Paus. i. 38. 
§ 6.) All the accounts and allusions in ancient 
writers seem to warrant the conclusion that the 
legends concerning the introduction of the Eleu- 
sinia are descriptions of a period when the inhabit- 
ants of Attica were becoming acquainted with the 
benefits of agriculture, and of a regularly consti- 
tuted form of society. (Cic. De Leg. ii. 14, in 
Verr. v. 1 4.) 

In the reign of Erechtheus a war is said to have 
broken out between the Athenians and Eleusinians 
(Hermann, Polit. Antiq. of Greece, § 91. note 9), 
and when the latter were defeated, they acknow- 
ledged the supremacy of Athens in every thing ex- 
cept the reXerai, which they wished to conduct 
and regulate for themselves. (Thucyd. ii. 15 ; 
Paus. i. 38. § 3.) Thus the superintendence re- 
mained with the descendants of Eumolpus [Eu- 
moi.pidae], the daughters of the Eleusinian king 
Celeus, and a third class of priests, the Keryces, 
who seem likewise to have been connected with 
the family of Eumolpus, though they themselves 
traced their origin to Hermes and Aglauros. 



ELEUSINIA. 



ELEUSINIA. 



453 



At the time when the local governments of the 
seTeral townships of Attica were concentrated at 
Athens, the capital became also the centre of reli- 
gion, and several deities who had hitherto only en- 
joyed a local worship, were now raised to the rank 
of national gods. This seems also to have been 
the case with the Eleusinian goddess, for in the 
reign of Theseus we find mention of a temple at 
Athens, called Eleusinion (Thucyd. ii. 17), pro- 
bably the new and national sanctuary of Demeter. 
Her priests and priestesses now became naturally 
attached to the national temple of the capital, 
though her original place of worship at Eleusis, 
with which so many sacred associations were con- 
nected, still retained its importance and its special 
share in the celebration of the national solemnities ; 
and though, as we shall see hereafter, the great 
Eleusinian festival was commenced at Athens, yet 
a numerous procession always went, on a certain 
day, to Eleusis : it was here that the most solemn 
part of the sacred rites was performed. 

We must distinguish between the greater Eleu- 
sinia which were celebrated at Athens and Eleusis, 
and the lesser which were held at Agrae on the 
Ilissus. (Steph. Byz. s. v. "Aypa.) From the tra- 
dition respecting the institution of the lesser Eleu- 
sinia, it seems to be clear, that the initiation into 
the Eleusinian mysteries was originally confined to 
Atticans only ; for it is said that Heracles, before 
descending into the lower world, wished to be ini- 
tiated, but as the law did not admit strangers, the 
lesser Eleusinia were instituted in order to evade 
the law, and not to disappoint the great benefactor 
of Attica. (Schol. wl Aristoph. Plut. 846.) Other 
legends concerning the initiation of Heracles do 
not mention the lesser Eleusinia, but merely state 
that he was adopted into the family of one Pylius, 
in order to become lawfully intitled to the initia- 
tion. But both traditions in reality express the 
game thing, if we suppose that the initiation of 
Heracles was only the first stage in the real ini- 
tiation ; for the lesser Eleusinia were in reality 
only a preparation (irpoKaBapffts, or Trpoayvtvais) 
for the real mysteries. (Schol. ad Aristoph. I.e.) 
After the time when the lesser Eleusinia are said 
to have been instituted, we no longer hear of the 
exclusion of any one from the mysteries, except 
barbarians; and Herodotus (viii. G5) expressly 
states, that any Greek who wished it, might be 
initiated. The lesser Eleusinia were held every 
year in the month of Anthesterion (Plut. Vemetr. 
26), and, according to some accounts, in honour of 
Persephone alone. Those who were initiated in 
them bore the name of mystae (two-rat, Suidas, s. v. 
'EtoVttji), and had to wait at least another year 
before they could be admitted to the great mys- 
teries. The principal rites of this first stage of 
initiation consisted in the sacrifice of a sow, which 
the mystae seem to have first washed in the Can- 
tharus (Aristoph. Aciarn. 703, with the Schol. 
720, and Pax, 368 ; Varro, De lie RutL ii. 4 ; 
Plut Phoc. 28), and in tin- purification by a priest, 
who bore the name of Hydranos. (Hcsych. ». v. 
"fSpcwis ; Polyai-n. T. 17.) The mystae had also 
to take nn oath of secrecy, which was administered 
to them by the mystngogus, also called itpo(pdvr7is 
or irpoijWiTTjj : they received some kind of pre- 
paratory instruction, which enabled them after- 
wards to understand the mysteries which were 
revealed to them in the great Eleusinia ; they were 
not admitted into the sanctuary of DcmcUr, but 



remained during the solemnities in the vestibule. 
(Seneca, Quaest. Nat. viL 31.) 

The great mysteries were celebrated every year 
in the month of Boedromion during nine days, 
from the loth to the 23d (Plut. Demetr. 26 ; 
Meursius, Eleusin. c. 21), both at Athens and 
Eleusis. The initiated were called iir6irrai or 
t<pupoi. (Suidas, s. r.) On the first day, those 
who had been initiated in the lesser Eleusinia, 
assembled at Athens, whence its name was 
ayvpp.6s (Hesych. s. r.) ; but strangers who wished 
to witness the celebration of these national so- 
lemnities likewise visited Athens in great numbers 
at this season, and we find it expressly stated 
that Athens was crowded with visitors on the 
occasion. (Maxim. Tyr. Dissert. 33. sub fin. ; 
Philostrat. Vit. A poll. iv. 6.) On the second day 
the mystae went in solemn procession to the sea- 
coast, where they underwent a purification. Hence 
the day was called °A\a8e /ii/arai, probably the 
conventional phrase by which the mystae were in- 
vited to assemble for the purpose. (Hesych. s. r. ; 
Polvaen. iii. 1 1 .) Suidas (s. v. 'Peiroi : compare 
Paus. i. 38. § 2.) mentions two rivulets, called 
ptnoi, as the place to which the mystae went in 
order to be purified. Of the third day scarcely 
anything is known with certainty ; we only learn 
from Clemens of Alexandria (Protrept. p. 18, ed. 
Potter) that it was a day of fasting, and that in 
the evening a frugal meal was taken, which con- 
sisted of cakes made of sesame and honey. 
Whether sacrifices were offered on this day, as 
Meursius supposes, is uncertain ; but that which 
he assigns to it consisted of two kinds of sea-fish 
(TptyAij and naivts, Athen. viL p. 32.5), and of 
cakes of barley crown in the Kharian plain. (Paus. 
i. 38. § 6.) It may be, however, that this sacri- 
fice belonged to the fourth day, on which also the 
KaAtidos KadoSos seems to have taken place. This 
was a procession with a basket containing pome- 
granates and poppy-seeds ; it was carried nn a 
waggon drawn by oxen, and women followed with 
small mystic cases in their hands. (Callim. Hymn, 
in Cer.; Virg. Gtorg. i. 1C6 ; Meursius, /. o. c. 25.) 
On the fifth day, which appears to have been 
called the torch day (v tw AauirdoW ripLtpa), the 
mystae, led by the SaSof'Xos, went in the evening 
with torches to the temple of Demeter at Eleusis, 
where they seem to have remained during the 
following night This rite was probably a symboli- 
cal representation of Demeter wandering about 
in search of Persephone. The sixth day, called 
Iakchos (Hesych. s. v. "lanxov), was the most 
solemn of all. The statue of Iakchos, son of 
Demeter, adorned with a garland of myrtle and 
bearing a torch in his hand, was carried along the 
sacred road (Plut. A/rib. 34 ; Etymol. Magn., and 
Suidas, ii. 'Upa 'OS6s) amidst joyous shouts 
(lai<xK*iy) and songs, from the CVrameicus to 
Eleusis. (Aristoph. Pan. 315, Ace. ; Plut Pho- 
cion, 28, and Valckcn. ail limit, viii. 65.) 
This solemn procession was accompanied by great 
numbers of followers and spectators, and the 
story related by Herodotus is founded on the 
supposition that 30,0011 persons walking along 
the racrcd road on this occasion was nothing 
an Common. During the night from the sixth to 
the seventh day tin- inyslar remained at Eleu- 
sis, and were initiated into the last mysteries 
(i-nonrtla). Those who were neither tiri-mai 
I nor nioTcu were sent away by a herald. The 

oat 



454 



ELEUSINIA. 



ELEUTHERIA. 



mystae now repeated the oath of secresy which 
had been administered to them at the lesser Eleu- 
sinia, underwent a new purification, and then they 
were led by the mystagogus in the darkness of 
night into the lighted interior of the sanctuary 
((paraywyla), and were allowed to see (avTotyia.) 
what none except the epoptae ever beheld. The 
awful and horrible manner in which the initia- 
tion is described by later, especially Christian 
writers, seems partly to proceed from their igno- 
rance of its real character, partly from their horror 
and aversion to these pagan rites. The more 
ancient writers always abstained from entering 
upon any description of the subject. Each in- 
dividual, after his initiation, is said to have been 
dismissed by the words k^yI, o/xTva^ (Hesych. s. v.), 
in order to make room for other mystae. 

On the seventh day the initiated returned to 
Athens amid various kinds of raillery and jests, 
especially at the bridge over the Cephisus, where 
they sat down to rest, and poured forth their ridi- 
cule on those who passed by. Hence the words 
yecpvpi&iv and yecpvpurfiSs (Strabo, ix. p. 395; 
Suidas, s. v. Tetpvpi(av : Hesych. s. v. re<pvpi<TTa'i: 
Aelian, Hist. Animal, iv. 43 ; Muller, Hist, of tlie 
Lit. of Greece, p. 132). These 0-Kci/j.p.ara seem, 
like the procession with torches to Eleusis, to have 
been dramatical and symbolical representations of 
the jests by which, according to the ancient legend, 
Iambe or Baubo had dispelled the grief of the god- 
dess and made her smile. We may here observe, 
that probably the whole history of Demeter and 
Persephone was in some way or other symbolically 
represented at the Eleusinia. Hence Clemens of 
Alexandria (Protrept. p. 12, ed. Potter) calls the 
Eleusinian mysteries a " mystical drama." (See 
Muller, Hist, of the Lit. of Greece, p. 287, &c.) 
The eighth day, called 'EiriSavpia, was a kind of 
additional day for those who by some accident had 
come too late, or had been prevented from being 
initiated on the sixth day. It was said to have 
been added to the original number of days, when 
Asclepius, coming over from Epidaurus to be in- 
itiated, arrived too late, and the Athenians, not to 
disappoint the god, added an eighth day. (Philostr. 
Vit. Apoll. iv. 6 ; Paus. ii. 26. § 7.) The ninth 
and last day bore the name of TtArifioxoai (Pollux, 
x. 74 ; Athen. xi. p. 496), from a peculiar kind 
of vessel called ■rX-tiixox&ti), which is described as a 
small kind of kotvXos. Two of these vessels were 
on this day filled with water or wine, and the con- 
tents of the one thrown to the east, and those of 
the other to the west, while those who performed 
this rite uttered some mystical words. 

Besides the various rites and ceremonies described 
above, several others are mentioned, but it is not 
known to which day they belonged. Among them 
we shall mention only the Eleusinian games and 
contests, which Meursius assigns to the seventh 
day. They are mentioned by Gellius (xv. 20), and 
are said to have been the most ancient in Greece. 
The prize of the victors consisted in ears of barley. 
(Schol. ad Pind. 01. ix. 1 50.) It was considered 
as one of the greatest profanations of the Eleusinia, 
if during their celebration an &Tip.os came as a sup- 
pliant to the temple (the Eleusinion), and placed 
his olive brancli (i/ce-njpi'a) in it ( Andoc. De Myst. 
p. 54) ; and whoever did so might be put to death 
without any trial, or had to pay a fine of one thou- 
sand drachmae. It may also be remarked that at 
other festivals, as well as the Eleusinia, no man, 



while celebrating the festival, could be seized or 
arrested for any offence. (Demosth. c. Mid. p. 571.) 
Lycurgus made it a law that any woman using a 
carriage in the procession to Eleusis should be fined 
one thousand drachmae. (Plut. De Cup. Div. ix. 
p. 348 ; Aelian, V. H. xiii. 24.) The custom 
against which this law was directed seems to have 
been very common before. (Demosth. c. Mid. 
p. 565.) 

The Eleusinian mysteries long survived the in- 
dependence of Greece. Attempts to suppress them 
were made by the emperor Valentinian, but he 
met with strong opposition, and they seem to have 
continued down to the time of the elder Theodo- 
sius. Respecting the secret doctrines which were 
revealed in them to the initiated, nothing certain 
is known. The general belief of the ancients was 
that tbey opened to man a comforting prospect of 
a future state. (Pind. Thren. p. 8. ed. Bockh.) 
But this feature does not seem to have been origi- 
nally connected with these mysteries, and was pro- 
bably added to them at the period which followed 
the opening of a regular intercourse between Greece 
and Egypt, when some of the speculative doctrines 
of the latter country, and of the East, may have 
been introduced into the mysteries, and hallowed 
by the names of the venerable bards of the mythi- 
cal age. This supposition would also account, in 
some measure, for the legend of their introduction 
from Egypt. In modern times many attempts have 
been made to discover the nature of the mysteries 
revealed to the initiated, but the results have been 
as various and as fanciful as might be expected. 
The most sober and probable view is that, ac- 
cording to which, " they were the remains of a 
worship which preceded the rise of the Hellenic 
mythology and its attendant rites, grounded on a 
view of nature, less fanciful, more earnest, and 
better fitted to awaken both philosophical thought 
and religious feeling." (Thirlwall, Hist, of Greece, 
ii. p. 140, &c.) Respecting the Attic Eleusinia 
see Meursius, Eleusinia, Lugd. Bat. 1619 ; St. 
Croix, Recherches Hist, et Critiq. sur les Mysteres 
du Paganisme (a second edition was published in 
1817, by Sylvestre de Sacy, in 2 vols. Paris) ; 
Ouwaroff, Essai sur les Mysteres d'Eleusis, 3d edi- 
tion, Paris, 1816 ; Wachsmuth, Hell. Alter, vol. ii. 
p. 575, &c. 2d edit. p. 249, &c. ; Creuzer, Symbol, 
u. Mythol. iv. p. 534, &c. ; Nitzsch, De Eleusin. 
Ratione, Kiel, 1842. 

Eleusinia were also celebrated in other parts of 
Greece. At Ephesus they had been introduced 
from Athens. (Strabo, xiv. p. 633.) In Laconia 
they were, as far as we know, only celebrated by 
the inhabitants of the ancient town of Helos, who 
on certain days, carried a wooden statue of Per- 
sephone to the Eleusinion, in the heights of Tay- 
getus. (Paus. iii. 20. § 5, &c.) Crete had likewise 
its Eleusinia. (See Meurs. Eleus. c. 33.) [L. S.] 

ELEUTHE'RIA (iXeve^pia), the feast of 
liberty, a festival which the Greeks, after the 
battle of Plataeae (479, B. c), instituted in honour 
of Zeus Eleutherios (the deliverer). It was in- 
tended not merely to be a token of their gratitude 
to the god to whom they believed themselves to be 
indebted for their victory over the barbarians, but 
also as a bond of union among themselves ; for, in 
an assembly of all the Greeks, Aristides carried a 
decree that delegates (irp6§ovAoi Kcd fretapol) from 
all the Greek states should assemble every year at 
Plataeae for the celebration of the Eleutheria. The 



EMANCIPATIO. 



EMANCIPATIO. 



455 



town itself was at the same time declared sacred 
and inviolable, as long as its citizens offered the an- 
nual sacrifices which were then instituted on behalf 
of Greece. Every fifth year these solemnities were 
celebrated with contests (aywv twv 'E\cv8ep'iav) 
in which the victors were rewarded with chaplets 
(a-yaic yv/iviKOS <ne(pav'nr)S, Strab. ix. p. 412). 
The annual solemnity at Plataeae, which con- 
tinued to be observed down to the time of Plutarch 
(Aristid. 19, 21 ; Paus. ix. 2. § 4), was as follows: — 
On the sixteenth of the month of Maimacterion, a 
procession, led by a trumpeter, who blew the signal 
for battle, marched at daybreak through the middle 
of the town. It was followed by waggons loaded 
with myrtle boughs and chaplets, by a black bull, 
and by free youths who carried the vessels con- 
taining the libations for the dead. No slave was 
permitted to minister on this occasion. At the end 
of this procession followed the archon of Plataeae, 
who was not allowed at any other time, during his 
office, to touch a weapon, or to wear any other but 
white garments, now wearing a purple tunic, and 
with a sword in his hand, and also bearing an urn, 
kept for this solemnity in the public archive (ypan- 
Haupvk&Kiov). When the procession came to the 
place where the Greeks, who had fallen at Pla- 
taeae, were buried, the archon first washed and 
anointed the tombstones, and then led the bull to 
a pyre and sacrificed it, praying to Zeus and Her- 
mes Chthonios, and inviting the brave men who 
had fallen in the defence of their country, to take 
part in the banquet prepared for them. This ac- 
count of Plutarch {Aristid. 19 and 21) agrees with 
that of Thucydides (iii. 58). The latter, however, 
expressly states that dresses formed a part of the 
offerings, which were probably consumed on the 
pyre with the victim. This part of the ceremony 
seems to have no longer existed in the days of Plu- 
tarch, who does not mention it, and if so, the Pla- 
taeans had probably been compelled by poverty to 
drop it. (See Thirlwall's Hist, of Greece, ii. p. 353, 
&c. ; Bdckh, ExpL Find. p. 208, and ad Corp. 
Inscript. i. p. 904.) 

Eleutheria was also the name of a festival cele- 
brated in Samos, in honour of Eros. (Athen. xiii. 
p. 5C2.) [L. S.] 

ELLIME'NION (&Ai/mWi»). [Pente- 

COST E.J 

BLLOTIA or HELLOTIA (Aa<Jt«z or «!a- 
Xiltria), a festival with a torch race celebrated at 
Corinth in honour of Athena as a goddess of fire. 
(Schol. 1'ind. OL xiii. 50 ; Athen. xv. p. 678 ; 
Etymol. s. v. 'EAAoiris). 

A festival of the same name was celebrated in 
Crete, in honour of Europe. The word iWatr'u, 
from which the festival derived its name, was, 
according* to Seleucus (up. Athen. I.e.), a myrtle 
garland twenty yards in circumference, which 
was carried about in the procession at the festival 
of the Ellotia. (Compare Hesych. and Etymol. 
Mngn. *. r. 'EAXwti'o.) [L. S.] 

ELLY'CHNIUM [Lucbrna.] 

EMANCIPATIO was an act by which the 
patria potestas was dissolved in the lifetime of the 
parent, and it was so called because it was in the 
form of a sale (mancipatio). Uy the Twelve 
Tables it was necessary that a son should be sold 
three times in order to be released from the paternal 
power, or to be sui juris. In the rase i.f daughters 
and grandchildren, one sale was sufficient. The 
father transferred the son by the form of a sale to 



another person who manumitted him, upon which 
he returned into the power of the father. This 
was repeated, and with the like result. After a 
third sale, the paternal power was extinguished, 
but the son was resold to the parent, who then 
manumitted him, and so acquired the rights of 
a patron over his emancipated son, which would 
otherwise have belonged to the purchaser who gave 
him his final manumission. 

The following view of emancipatio is given by a 
German writer : — " The patria potestas could not 
be dissolved immediately by manumissio, because 
the patria potestas must be viewed as an imperiam, 
and not as a right of property like the power of a 
master over his slave. Now it was a fundamental 
principle that the patria potestas was extinguished 
by exercising once or thrice (as the case might be) 
the right which the pater familias possessed of sell- 
ing or rather pledging his child. Conformably to 
this fundamental principle, the release of a child 
from the patria potestas was clothed with the form 
of a mancipatio, effected once or three times. The 
patria potestas was indeed thus dissolved, though 
the child was not yet free, but came into the con- 
dition of a nexus. Consequently a manumissio was 
necessarily connected with the mancipatio, in order 
that the proper object of the emancipatio might be 
attained. This manumissio must take place once 
or thrice, according to circumstances. In the case 
when the manumissio was not followed by a return 
into the patria potestas, the manumissio was at- 
tended with important consequences to the manu- 
missor, which consequences ought to apply to the 
emancipating party. Accordingly, it was necessary 
to provide that the decisive manumission should bo 
made by the emancipating party ; and for that 
reason a remancipatio, which preceded the final 
manumissio, was a part of the form of emancipatio." 
(Untcrholzner, Xeitschrift, vol. ii. p. 139 ; Von den 
formen der Manumissio per Vindictam und der 
Emancipatio.) 

The legal effect of emancipation was to make 
the emancipated person become sui juris : and all 
the previously existing relations of agnatio between 
the parent's familia and the emancipated child 
ceased at once, lint a relation analogous to that of 
patron and frccdman was formed between the per- 
son who gave the final emancipation and the child, 
so that if the child died without children or legal 
heirs, or if he required a tutor or curator, the rights 
which would have belonged to the father, if he bad 
not emancipated the child, were secured to him as 
a kind of national right, in case he had taken the 
precaution to secure to himself the final manumis- 
sion of the child. Accordingly, the father would 
always stipulate for a rcmnnciptio from the pur- 
chaser : this stipulation was the pactum liduciac. 

The emancipated child could not take any part 
of his parent's property as hcres, in case the parent 
died intestate. This rigor of the civil law (iuris 
inirpiitates, Gaius, iii. 25) was modified by the 
praetor's edict, which placed emancipated children, 
and those who were in the parent's power at the 
time of his death, on the same footing as to suc- 
ceeding to the intestate parent's property. 

Tin' emperor Anastasius introduced the practice 
of effecting emancipation by an imperial rescript, 
when the parties were not present. (fl«/, 8. tit. 49. 
s. 5.) Justinian enacted that emancipation could 
be effected before a magistrate. Hut he still al- 
lowed, what imi proliably the old law, a father to 
() (i i 



456 



EMBATEIA. 



EMBLEMA. 



emancipate a grandson, without emancipating the 
son, and to emancipate the son without emancipating 
the grandson, or to emancipate them all. Justinian 
also {Nov. 89. c. 11) did not allow a parent to 
emancipate a child against his will, though it seems 
that this might be done by the old law, and that 
the parent might so destroy all the son's rights of 
agnation. But a man might emancipate an adopted 
child against the will of the child (Inst. 1. tit. 11. 
s. 3). As a general rule the father could not be 
compelled to emancipate a child ; but there were 
some cases in which he might be compelled. 

The emperor Anastasius allowed an emancipated 
child (under certain restrictions) to succeed to the 
property of an intestate brother or sister, which 
the praetor had not allowed ; and Justinian put an 
emancipated child in all respects on the same foot- 
ing as one not emancipated, with respect to such 
succession. 

An emancipatio effected a capitis diminutio 
minima, in consequence of the servile character (ser- 
vilis causa) into which the child was brought by 
such act. (Gaius, i. 1 32, &c. ; Dig. 1. tit. 7 ; Cod. 6. 
tit. 57. s. 15; 8. tit. 49; Inst. 1. tit. 12; 3. tit. 5; 
Dirksen, Uebersicht, &c. p. 278 ; Thibaut, System, 
&c, § 783, &c, 9th ed.) [G. L.] 

EMANSOR. [Desertor.] 

EMBAS (ifi€ds), a shoe worn by men (Suidas, 
s. v.), frequently mentioned by Aristophanes 
(Equit. 321, 869, 872, Ecc. 314, 850) and other 
Greek writers. This appears to have been the 
most common kind of shoe worn at Athens (ev- 
TeAes virdhrjfia, Pollux, vii. 85 ; compare Isaeus, 
de Dicaeog. Hered. 94). Pollux (I. c.) says that 
it was invented by the Thracians, and that it was 
like the low cothurnus. The embas was also worn 
by the Boeotians (Herod, i. 1 95), and probably in 
other parts of Greece. (Becker, Charikles, vol. ii. 
p. 372.) 

EMBATEIA (ifigareia). In Attic law this 
word (like the corresponding English one, entry), 
was used to denote a formal taking possession of 
real property. Thus, when a son entered upon 
the land left him by his father, he was said 
£fj.€a.T£veiv, or /3a5i'£eiv us to iraTpuia, and there- 
upon he became seised, or possessed of his in- 
heritance. If any one disturbed him in the en- 
joyment of this property, with an intention to 
dispute the title, he might maintain an action of 
ejectment, e£ouA»)s Si'/ctj. Before entry he could 
not maintain such action. 'E^ouArj is from e|i'A- 
Aeij/, an old word signifying to eject. The sup- 
posed ejectment, for which the action was brought, 
was a mere formality. The defendant, after the 
plaintiff's entry, came and turned him off, elijyei' 
6/c T7)s yrjs. This proceeding (called i^a-yayr]) 
took place quietly, and in the presence of wit- 
nesses ; the defendant then became a wrong-doer, 
and the plaintiff was in a condition to try the 
right. 

All this was a relict of ancient times, when be- 
fore writs and pleadings and other regular processes 
were invented, parties adopted a ruder method and 
took the law into their own hands. There was 
then an actual ouster, accompanied often with vio- 
lence and breach of the peace, for which the per- 
son in the wrong was not only responsible to the 
party injured, but was also punishable as a public 
offender. Afterwards, in the course of civilization, 
violent remedies became useless and were discon- 
tinued ; yet the ceremony of ejecting was still kept 



up as a form of law, being deemed by lawyers a 
necessary foundation of the subsequent legal pro- 
cess. Thus at Rome, in the earlier times, one 
party used to summon the other by the words " ex 
jure te marram consertum voco," to go with him to 
the land in dispute, and (in the presence of the 
praetor and others) turn him out by force. After- 
wards this was changed into the symbolical act of 
breaking a clod of earth upon the land, by which 
the person who broke intimated that he claimed a 
right to deal with the land a3 he pleased. We 
may observe also, that the English action of 
ejectment in this respect resembles the Athe- 
nian, that, although an entry by the plaintiff and an 
ouster of him by the defendant are supposed to 
have taken place, and are considered necessary to 
support the action, yet both entry and ouster are 
mere fictions of law. 

These proceedings by entry, ouster, &c, took 
place also at Athens in case of resistance to an exe- 
cution ; when the defendant, refusing to give up 
the land or the chattel adjudged, or to pay the 
damages awarded to the plaintiff, by the appointed 
time, and thus being iinpiifiepos, i. e. the time 
having expired by which he was bound to satisfy 
the judgment, the plaintiff proceeded to satisfy 
himself by seizure of the defendant's lands. This 
he certainly might do, if there were no goods to 
levy upon ; though, whether it was lawful in all 
cases, does not appear. The Athenian laws had 
made no provision for putting the party, who suc- 
ceeded, in possession of his rights ; he was there- 
fore obliged to levy execution himself, without the 
aid of a ministerial officer, or any other person. 
If, in doing so, he encountered opposition, fie had 
no other remedy than the i^ovK-qs SZkt;, which (if 
the subject-matter was land) must have been 
grounded upon his own previous entry. The action 
could be brought against any one who impeded 
him in his endeavour to get possession, as well as 
against the party to the former suit. The cause of 
Demosthenes against Onetor was this : — Demo- 
sthenes having recovered a judgment against Apho- 
bus, proceeded to take his lands in execution. 
Onetor claimed them as mortgagee, and turned 
him out (e^rjyep), whereupon Demosthenes, con- 
tending that the mortgage was collusive and frau- 
dulent, brought the i£ov\n]s 8£/c7j, which is called 
S'iky) vphs 'OtiijTopa, because the proceeding is in 
rem, and collateral to another object, rather than a 
direct controversy between the parties in the cause. 
The consequence to the defendant, if he failed in 
the action of ejectment, was, that (besides his liabi- 
lity to the plaintiff) he was, as a public offender, 
condemned to pay to the treasury a sum equal to 
the damages, or to the value of the property re- 
covered in the first action. While this remained 
unpaid (and we may presume it could not be paid 
without also satisfying the party), he became, as a 
state debtor, subject to the disabilities of arifiia. 
(Meier, Att. Proc. pp. 372, 460, 748.) [C. R. K.] 

E'MBATES. [Modulus.] 

EMBLE'MA (e^gArj/xa, e/i-iraiffjUo), an inlaid 
ornament. The art of inlaying (r/ Te'x>") ifj-waio-- 
TiKT], Ath. xi. p. 488) was employed in producing 
beautiful works of two descriptions, viz. : ■ — ■ 1st, 
Those which resembled our marquetry, buhl, and 
Florentine mosaics ; and 2dly, those in which 
crusts (crustae), exquisitely wrought in relief and 
of precious metals, such as gold, silver, and amber, 
were fastened upon the surface of vessels or other 



EMISSAfilUM. 



EMISSAR1UM. 



457 



pieces of furniture. Works of both classes, when 
in metal, come under the head of Caelatcra. 

To productions of the former class \v6 may refer 
all attempts to adorn the walls and floors of houses 
with the figures of flowers and animals, or with 
any other devices expressed upon a common ground 
by the insertion of variously coloured woods or 
marbles, all of which were polished so as to be 
brought to a plain surface. To such mosaics Luci- 
lius alludes (up. Cic. de Oral. iii. 43), when he 
compares the well-connected words of a skilful 
orator to the small pieces (tesserulae) which com- 
pose the " emblema vermiculatum " of an orna- 
mental pavement. In the time of Pliny these de- 
corations for the walls of apartments had become 
very fashionable. (H. N. xxxv. 1.) Respecting 
enMemutu in metal work, see Caelatira and 
Chrysendeta. It may here be added that 
Athcnaeus, in describing two Corinthian vases (v. 
p. 199), distinguishes between the emblems in 
bas-relief (Trp6<nvira) which adorned the body 
and neck of each vessel, and the figures in high 
relief (irepupavT) Teropvevfieva fwo) which were 
placed upon its brim. An artist, whose business 
it was to make works ornamented with emblems, 
was called crustarius. (Plin. //. A r . xxxiii. 12. 
s.55 ; Cic. Verr. iv. 23 ; Martial, viii. 51 ; Juv. 
i. 76, v. 38 ; Dig. 24. tit. 2. s. 23. § 1 ; Heync, 
AutUj. Aufs. vol. i. p. 147.) [J. Y.] 

EMISSA'RIL'M (wrdVo/ioj), a channel, natural 
or artificial, by which an outlet is formed to carry 
off any stagnant body of water. (Plin. //. A r . 
xxxiii. 4. 8.21 ; Cic ad Vara, xvi. 18.) Such 
channels may be cither open or underground ; but 
the most remarkable works of the kind are of the 
latter description, as they carry off the waters of 
lakes surrounded by hills. In Greece, the most 
remarkable example is presented by the subter- 
raneous channels which carry off the waters of the 
lake Copais into the Cephisus, which were partly 
natural and partly artificial. (Strab. ix. p. 406 ; 
Thiersch, E'tut uctuel de la Grice, vol. ii. p. 23 ; 
Mii 11 cr, fJrc/iomenos, pp. 49, &c, 2nd ed.) 

Another specimen of such works among the 
Greeks at an early period is presented by the sub- 
terraneous channels constructed by Phaeax at 
Agrigentum in Sicily, to drain the city, about D.c. 
480 ; which were admired for their magnitude, 
although the workmanship was very rude. (Diod. 
Sic. xi. 25.) 

Some works of this kind arc among the most 
remarkable efforts of Roman ingenuity. Remains 
still exist to show that the lakes Trasimcnc, 
Albano, Nemi, and Fucino, were all drained by 
means of emiMaria, the last of which is still nearly 
perfect, and open to inspection, having been par- 
tially cleared by the present king of Naples. 
Julius Caesar is said to have first conceived the 
idea of this stupendous undertaking (Suet Jul. 
44), which was carried into effect by the Emperor 
Claudius. (Tacit. Ann. xii. 57.) 

The following account of the works, from ob- 
servations on the spot, will give some idea of their 
extent and difficulties. The circumference of the 
lake, including the bays and promontories, is about 
thirty miles in extent. The length of the cmis- 
snry, which lies nearly in a direct line from the 
hike to the river Liris (tinriglinno), is something 
more than three miles. The number of workmen 
employed was 30,000, and the time occupied in 
the work eleven years. (Suet. ( laud. 20 ; compare 



Plin. H. N. xxxvi. 15. s. 24. §11.) For more 
than a mile the tunnel is carried under a moun- 
tain, of which the highest part is 1000 feet above 
the level of the lake, and through a stratum of 
rocky formation (carnelian) so hard that every inch 
required to be worked by the chisel. The remain- 
ing portion runs through a softer soil, not much 
below the level of the earth, and is vaulted with 
brick. Perpendicular openings (putei) are sunk at 
various distances into the tunnel, through which 
the excavations were partly discharged ; and a 
number of lateral shafts (cuniculi), some of which 
separate themselves into two branches, one above 
the other, are likewise directed into it, the lowest 
at an elevation of five feet from the bottom. 
Through these the materials excavated were also 
carried out. Their object was to enable the pro- 
digious multitude of 30,000 men to carry on their 




operations at the same time, without incommoding 
one another. The immediate mouth of the tunnel 
is some distance from the present margin of the 
lake, which Bpacc is occupied by two ample reser- 
voirs, intended to break the rush of water before it 
entered the emissary, connected by a narrow pas- 
sage, in which were placed the sluices (epistumin). 
The mouth of the tunnel itself consists of a splendid 
archway of the Doric order, nineteen feet high and 
nine wide, formed out of large blocks of stone, re- 
sembling in construction the works of the Clnudian 
aqueduct That through which the waters dis- 
charged themselves into the Liris was more simple, 
and is represented in the preceding woodcut. The 
river lies in a ravine between the arch and fore- 
ground, at a depth of 60 feet below, ind conse- 
quently cannot be seen in the cut. The small 
aperture above the embouchure is one of the cuni- 
culi above mentioned. It tppetn that the actual 
drainage was relinquished soon after the death of 
Claudius, either from the perversity of Nero, as the 



458 EMPHYTEUSIS. 



EMPHYTEUSIS. 



words of Pliny (I. c.) seem to imply, or by neglect ; 
for it was reopened by Hadrian. (Spart. Hadr. 
22.) For further information see Hirt, who gives 
a series of plans and sections of the works con- 
nected with the Lacus Fucinus (Geb'dude d. 
Gh-iech. u. Pom. pp. 371—375, PL XXXI. figs. 14 
—21). [A. R.] 

E'MBOLUM. [Navis.] 

EME'RITI. [Exercitus.] 

EMME'NI DIKAE (ifx^uoi SUai), suits in 
the Athenian courts, which were not allowed to 
be pending above a month. This regulation was 
not introduced till after the date of Xenophon's 
treatise on the revenue, in which it was proposed 
that a more rapid progress should be allowed to 
commercial suits (Xen. de Vectig. 3), and it ap- 
pears to have been first established in the time of 
Philip. (Or. de Halon. p. 79. 23.) It was con- 
fined to those subjects which required a speedy 
decision ; and of these the most important were 
disputes respecting commerce (efnropacal Si'/cai, Pol- 
lux, viii. 63, 101; Harpocrat. and Suid. s.v. 
"Efi/xriPOL AiVeu), which were heard during the six 
winter months from Boe'dromion to Munychion, 
so that the merchants might quickly obtain their 
rights and sail away (Dem. c. Apat. p. 900. 3) ; 
by which we are not to understand, as some have 
done, that a suit could be protracted through this 
whole time, but it was necessary that it should be 
decided within a month. (Bockh, Publ. Earn, of 
Athens, p. 50, 2nd ed.) 

All causes relating to mines (peTaWiKal Si'/cai) 
were also Zjiixt)voL Si'/coi (Dem. c. Pantaen. p. 966. 
1 7) ; the object, as Bockh remarks (On the Silver 
Mines of Laurion, Publ. Econ. of Athens, p. 667) 
being no doubt that the mine proprietor might 
not be detained too long from his business. The 
same was the case with causes relating to ipavoi 
(Pollux, viii. 101 ; Harpocrat. and Suid. I. c.) 
[Erani] ; and Pollux {I. c.) includes in the list, 
suits respecting dowry, which are omitted by Har- 
pocration and Suidas. 

EMPHRU'RI (ep.<ppovpoi), from (ppovpd, the 
name given to the Spartan citizens during the 
period in which they were liable to military ser- 
vice. (Xen. Rep. Lac. v. 7.) This period lasted to 
the fortieth year from manhood (atp' r)8r)s), that is 
to say, to the sixtieth year from birth ; and during 
this time a man could not go out of the country 
without permission from the authorities. (Isocr. 
Busir. p. 225, where juax^-os, according to Miiller, 
Dor. iii. 12. § 1, is evidently put for ep.<ppovpos.) 

EMPHYTEUSIS (e>f>tfT6i;o-ir, literally an 
" in-planting ") is a perpetual right in a piece 
of land that is the property of another : the 
right consists in the legal power to cultivate it, 
and treat it as our own, on condition of cultivating 
it properly, and paying a fixed sum (canon, pensio, 
reditus) to the owner (dominus) at fixed times. The 
right is founded on contract between the owner 
(dominus emphyteuseos) and the lessee (emphy- 
teuta), and the land is called ager vectigalis or 
emphyteuticarius. It was long doubted whether 
this was a contract of buying and selling, or of 
letting and hiring, till the emperor Zeno gave it a 
definite character, and the distinctive name of con- 
tractus emphyteuticarius. 

The Ager Vectigalis is first distinctly mentioned 
about the time of Hadrian, and the term is applied 
to lands which were leased by the Roman state, 
by towns, by ecclesiastical corporations, and by the 



Vestal virgins. In the Digest mention only is 
made of lands of towns so let, with a distinction of 
them into agri vectigales and non vectigales, ac- 
cording as the lease was perpetual or not ; but in 
either case the lessee had a real action (utilis in rem 
actio) for the protection of his rights, even against 
the owner. 

The term Emphyteusis first occurs in the Digest. 
The Praedia Emphyteutica are also frequently men- 
tioned in the Theodosian and Justinian Codes, but 
they are distinguished from the agri vectigales. 
Justinian, however, put the emphyteusis and the 
ager vectigalis on the same footing ; and in the case 
of an emphyteusis (whether the lessor was a com- 
munity or an individual), the law was declared to 
be the same as in the case of leases of town pro- 
perty. This emphyteusis was not ownership : it 
was a jus in re only, and the lessee is constantly 
distinguished from the owner (dominus). Yet the 
occupier of the ager vectigalis and the emphyteuta 
had a juristical possessio ; a kind of inconsistency, 
which is explained by Savigny, by showing that 
the ager vectigalis was formed on the analogy of 
the ager publicus, and though there were many 
differences between them, there was nothing in- 
consistent in the notion of possession, as applied to 
the public land, being transferred to the ager vec- 
tigalis as a modified form of the ager publicus. 

Though the emphyteuta had not the ownership 
of the land, he had an almost unlimited right to 
the enjoyment of it, unless there were special 
agreements limiting his right. The fruits belonged 
to him as soon as they were separated from the 
soil. (Dig. 22. tit. 1. s. 25. § 1.) He could sell 
his interest in the land, after giving notice to the 
owner, who had the power of choosing whether he 
would buy the land at the price which the pur- 
chaser was willing to. give. But the lessee could 
not sell his interest to a person who was unable to 
maintain the property in good condition. The 
lessee was bound to pay all the public charges and 
burdens which might fall on the land, to improve 
the property, or at least not to deteriorate it, and 
to pay the rent regularly. In case of the lessee's 
interest being transferred to another, a fiftieth part 
of the price, or of the value of the property, when 
the nature of the transfer did not require a price to 
be fixed, was payable to the owner on the admis- 
sion of the new emphyteuta, and which, as a general 
rule, was payable by him. Under these limitations 
the dominus was bound to admit the new emphy- 
teuta (in possessionem suscipere.) If the dominus 
refused to admit him, the seller, after certain forma- 
lities, could transfer all his right without the con- 
sent of the dominus. The heredes of the emphy- 
teuta were not liable to such payment. The 
emphyteuta could dispose of his right by testament : 
in case of intestacy it devolved on his heredes. 

The origin of the emphyteusis, as already stated, 
was by contract with the owner and by tradition ; 
or the owner might make an emphyteusis by his 
last will. It might also in certain cases be founded 
on prescription. 

The right of the emphyteuta might cease in 
several ways ; by surrender to the dominus, or by 
dying without heirs, in which case the emphyteusis 
reverted to the owner. He might also lose his 
right by injuring the property, by non-payment of 
his rent or the public burdens to which the land 
was liable, by alienation without notice to the 
dominus, &c. In such cases the dominus could 



EMTIO ET VENDITIO. 



EXDEIXIS. 



459 



take legal measures for recovering the possession. 
(Dig. 6. tit. 3, and 39. tit. 4 ; Cod. 4. tit 66 ; 
Inst. 3. tit. 24 (25) ; MUhlenbruch, Doctrina Pan- 
dtxiarum ; Savigny, Des Recht des Besitzes, p. 99, 
&c. p. 180 ; Mackeldey, Lehrbuch, dec. § 295, &c. 
§ 384, 12th ed.) [G. L.] 

EMPO'RIUM (to einrSptov), a place for whole- 
sale trade in commodities carried by sea. The 
name is sometimes applied to a sea-port town, but 
it properly signifies only a particular place in such 
a town. Thus Amphitryo says (Plaut Amph. iv. 
1. 4) that he looked tor a p-rson. 

" Apud emporium, atque in macello, in palaestra 

atque in foro, 
In medicinis, in tonstrinis, apud omnis aedis 

sacras." 

(Compare Liv. xxxv. 10, xli. 27.) The word is 
derived from tfinopos, which signifies in Homer a 
person who sails as a passenger in a ship belonging 
to another person (Od. ii. 319, xxiv. 300) ; but in 
later writers it signifies the merchant who carries 
on commerce with foreign countries, and differs 
from Kdm}\os, the retail dealer, who purchases his 
goods from the tfiiropos and retails them in the 
market-place. (Plat. De Rep. ii. p. 371.) 

At Athens, it is said (Lejc. Seij. p. 208) that 
there were two kinds of emporia, one for foreigners 
and the other for natives (^(vik6v and aori/coV) • 
but this appears doubtful. (Bockh, PubL Econ. of 
Athens, p. 313, 2nded.) The emporium at Athens 
was under the inspection of certain officers, who 
were elected annually (^iri^«\7)Tol toC ip.irop'tov). 

[El'IMELETAE, No. 3.] 

EMPTI ET VE'NDITI A'CTIO. The seller 
has an actio venditi, and the buyer has an actio 
cmpti, upon the contract of sale and purchase. Both 
of them arc actioncs directae, and their object is to 
obtain the fulfilment of the obligations resulting 
from the contract. (Dig. 19. tit. 1.) [G. L.] 

E'MPTIO ET VENDITIO. The contract of 
buying and selling is one of those which the Ro- 
mans called ex consensu, because nothing more was 
required than the consent of the parties to the con- 
tract. (Gaius, iii. 135, Ace.) It consists in the 
l.uvi r agreeing to give a certain sum of money to 
the seller, and the seller agreeing to give to the 
buyer some certain thing for his money ; and the 
contract is complete as soon as both parties have 
agrued about the thing that is to be sold and about 
the price. No writing is required, unless it be 
part of the contract that it shall not be complete 
till it is reduced to writing. (Dig. 44. tit. 7. s. 2; 
Inst. 3. tit. 23.) After the agreement is made, the 
buyer is bound to pay his money, even if the thing 
which is the object of purchase should be accident- 
ally destroyed before it is delivered ; and the seller 
must deliver the thing with all its intermediate in- 
crease. The purchaser docs not obtain the ownership 
of the thing till it has been delivered to him, and till 
he has paid the purchase money, unless the thing is 
sold on credit. (Dig. 19. tit 1. s. 1 1, § 2.) If he 
does not pay the purchase money at the time when 
it is due, he must pay interest on it. The seller 
must also warrant a good title to the purchase 
[Kvictio], and he must also warrant that the 
thing has no concealed defects, and that it has all 
the good qualities which he (the seller) attributes 
to it It was with a view to check frauds in sales, 
and especially in the sales of slaves, that the seller 
was obliged by the edict of the curulc aediles 



[Edictum] to inform the buyer of the defects of 
any slave offered for sale : " Qui mancipia vendunt, 
certiores faciant cmptores quod morbi vitiique," &c. 
(Dig. 21. tit. 1.) In reference to this part of the 
law, in addition to the usual action arising from 
the contract, the buyer had against the seller, ac- 
cording to the circumstances, an actio ex stipulatu, 
redhibitoria, and quanti minoris. Horace, in his 
Satires (ii. 3. 286), and in the beginning of the 
second epistle of the second book, alludes to the 
precautions to be taken by the buyer and seller 
of a slave. [G.L.] 
ENCAUSTICA. [Pictura, No. 7.] 
ENCLE'MA (ZyK\T,na). [Dike.] 
ENCTE'SIS (c7KT7j(Tis), the right of possessing 
landed property and houses (tynTnois yris xai 
midas) in a foreign country, which was frequently 
granted by one Greek state to another, or to se- 
parate individuals of another state. (Dcm. De Cor. 
p. 2G5. 7 ; Bockh, Corp. Inscript. vol. i. p. 725.) 
'Y.-/KTt\jMTa were such possessions in a foreign 
country, and are opposed by Demosthenes (De 
Halon. p. 87. 7) to kt^juoto, possessions in one's 
own country. (Valckcn. ad Herod, v. 23.) The 
term iyKTtiixaTa. was also applied to the landed 
property or houses which an Athenian possessed 
in a different Srjfios from that to which he belonged 
by birth, and with respect to such property he 
was called iyK€Krn)i(yos : whence we find De- 
mosthenes (c. Polycl. p. 1208. 27) speaking of ol 
S^oVcn Ka\ oi 4yKtKTri)i(voi. For the right of 
holding property in a 5tj/xos to which he did not 
belong, he had to pay such a tax, which is 

mentioned in inscriptions under the name of ey- 
KTiyriKov. (Bockh, Pull. Econ. of Athens, p. 297, 
2nd cd.) 

EXDEIXIS (eV8ei|is), properly denotes a prose- 
cution instituted against such persons as were al- 
leged to have exercised rights or held offices while 
labouring under a peculiar disqualification. Among 
these are to be reckoned state debtors, who during 
their liability sate in court as dicasts, or took any 
other part in public life ; exiles, who had returned 
clandestinely to Athens ; those that visited holy 
places after a conviction for impiety (aotGcia) ■ and 
all suLh as having incurred a partial disfranchise- 
ment (ari^io KtiTct Trpiatafyv) presumed to exercise 
their forbidden functions as before their condemna- 
tion. Besides these, however, the same form of 
action was available against the chairman of the 
proedri (iirimaTns), who wrongly refused to take 
the votes of the people in the assembly (Plat 
ApoL p. 32) ; against malefactors, especially mur- 
derers (which Schumann thinks was probably tho 
course pursued when the time for an apagogc had 
been suffered to elapse) ; traitors, ambassadors 
accused of malversation (Isocrat. c. Callim. 11); 
and persons who furnished- supplies to the enemy 
during war. (Aristoph. Et/uil. 278 ; Andoc. De 
Keditu, 82.) The first step taken by the prose- 
cutor was to lay his information in writing, also 
called endciru, before the proper magistrate, who 
might be the archon or king orchon, or one of the 
thesmothctae, according to the subject-mntter of 
the information ; but in the case of a malefactor 
(KOKovpyot) being the accused person, the Eleven 
were the officers applied to. It then became thu 
duty of the magistrate to arrest, or hold to bail, 
the person criminated, and take the usual steps for 
bringing him to trial. There is great obscurity as 
to the result of condemnation in a prosecution of 



4G0 



ENECHYRA. 



ENGYE. 



this kind. Heraldus (Animadv. in Salm. iv. 9. 
§ 10) ridicules the idea that it was invariably a 
capital punishment. The accuser, if unsuccessful, 
was responsible for bringing a malicious charge 
(ipevSovs ecSei'^ecDS xnrevSvuos). (Schomann, De 
Com. p. 175, Att. Proc. p. 239, &c.) 

The endeixis, apagoge (airayuyi}) and epliegesis 
(i<f>i)yqais) must be carefully distinguished. Pollux 
says (viii. 49) that the endeixis was adopted when 
the accused was absent ; the apagoge when he was 
present ; and we know that the apagoge was a 
summary process, in which the defendant was al- 
lowed to apprehend a culprit caught in ipso facto 
and lead him before a magistrate. In case the 
charge was ill-founded, the complainant ran the 
risk of forfeiting 1000 drachmae. If he did not 
like to expose himself to this risk, he might have 
recourse to the epkegesis (4<pT]yricris), in which he 
made an application to the proper magistrate, 
as, for instance, to one of the Eleven, if it were 
a case of burglary or robbery attended with murder, 
and conducted him and his officers to the spot 
where the capture was to be effected. (Comp. 
Dem. c. Androt. p. 601.) 

The cases in which the apagoge and epliegesis were 
most generally allowed, were those of theft, murder, 
ill-usage of parents, &c. The punishment in these 
cases was generally fixed by law ; and if the 
accused confessed, or was proved guilty, the magis- 
trate could execute the sentence at once, without 
appealing to any of the jury-courts ; otherwise, it 
was necessary that the case should be referred to a 
higher tribunal. (Aesch. c. Timarch. c. 37 ; Dem. 
De Fa!s. Legat. p. 431.) The magistrates who 
presided over the apagoge were generally the Eleven 
(ot eVSe/ca, Dem. c. Timocr. p. 736 ; Lysias, c. 
Agorat. c. 85) ; sometimes the chief archon (Aesch. 
c. Timarch. c. 64), or the thesmothetae (Dem. c. 
Aristocr. p. 630). The most important passage 
with regard to the apagoge (Lysias, c. Agorat. 
§ 85, 86) is unfortunately corrupt and unintelligible. 
(See Sluiter, Lect. Andocid. p. 254, &c.) The 
complainant was said airdyeiv ttjv airayayi]v : the 
magistrates, when they allowed it, iraptSexovro 
T7}v awaywyhi'. [J. S. M.] 

E'NDROMIS (ivSpofus), a thick coarse blanket, 
manufactured in Gaul, and called " endromis " be- 
cause those who had been exercising in the stadium 
(iv Spiny) threw it over them to obviate the ef- 
fects of sudden exposure when they were heated. 
Notwithstanding its coarse and shaggy appearance, 
it was worn on other occasions as a protection from 
the cold by rich and fashionable persons at Rome. 
(Juv. iii. 103 ; Mart. iv. 19, xiv. 126.) Ladies 
also put on an endromis of a finer description (en- 
dromidas Tyrias, Juv. vi. 246), when they partook, 
as they sometimes did, of the exercises of the 
palaestra. Moreover, boots [Cothurnus] were 
called ivSpon'iSes on account of the use of them in 
running. (Callim. Hymn, in Dian. 16, in Delum, 
238 ; Pollux, iii. IS 5, vii. 93 ; Brunck, Anal. iii. 
206.) [J. Y.l 

ENECHYRA (ivex v P a )- In private suits at 
Athens, whether tried by a court of law, or before 
an arbitrator, whenever judgment was given against 
a defendant, a certain period was at the same time 
fixed (i) irpo6eo-/j.'iu), before the expiration of which 
it was incumbent upon him to comply with the ver- 
dict. In default of doing so he became u7r€p^/uepos, 
or over the day, as it was called, and the plaintiff 
was privileged to seize upon (dtpaaSai) his goods 



and chattels as a security or compensation for non- 
compliance. (Dem. c. Meid. p. 540. 21 ; Ulpian, 
ad loc. ; Aristoph. Nabes, 35.) The property thus 
taken was called ivix v P a , and slaves were gene- 
rally seized before anything else. (Athen. xiii. 
p. 612, c.) This "taking in execution " was usu- 
ally left to the party who gained the suit, and who, 
if he met with resistance in making a seizure, had 
his remedy in a 5/kt? e£ouA7js : if with personal 
violence, in a Size?) aluias. (Dem. c. Everg. p. 
1153.) On one occasion, indeed, we read of a 
public officer (wn]peTr)s Trapa tt)s apxys) being 
taken to assist in, or perhaps to be a witness of, a 
seizure ; but this was in a case where public in- 
terests were concerned, and consequent upon a de- 
cision of the PovXt). (Id. c. Everg. 1 149.) The 
same oration gives an amusing account of what 
Englishmen would consider a case of " assault and 
trespass," committed by some plaintiffs in a de- 
fendant's house, though the amount of damages 
which had been given (r] kotoSi'/oj) was, according 
to agreement, lying at the bank (eVi rrj rpaw^rt), 
and there awaiting their receipt. 

It seems probable, though we are not aware of 
it being expressly so stated, that goods thus seized 
were publicly sold, and that the party from whom 
they were taken could sue his opponent, perhaps by 
a Si'kt) f}Ad§r)s, for any surplus which might remain 
after all legal demands were satisfied. No seizure 
of this sort could take place during several of the 
religious festivals of the Athenians, such as the 
Dionysia, the Lenaea, &c. They were, in fact, 
dies non in Athenian law. (Dem. c. Meid. p. 518 ; 
Hudtwalcker, Diaet. p. 132.) [R. W.] 

ENGYE (iyyvri), bail or sureties, were in 
very frequent requisition, both in the private and 
public affairs of the Athenians. Private agree- 
ments, as, for instance, to abide by the decision of 
arbitrators (Dem. c. Apatur. pp. 892 — 899),or that 
the evidence resulting from the application of tor- 
ture to a slave should be conclusive (Dem. c. Pan- 
taen. p. 978. 11), were corroborated by the parties 
reciprocally giving each other such sureties ; and 
the same took place generally in all money lending 
or mercantile transactions, and was invariably ne- 
cessary when persons undertook to farm tolls, taxes, 
or other public property. 

In judicial matters bail or sureties were provided 
upon two occasions ; first, when it was requisite 
that it should be guaranteed that the accused 
should be forthcoming at the trial ; and secondly, 
when security was demanded for the satisfaction 
of the award of the court. In the first case, bail 
was very generally required when the accused was 
other than an Athenian citizen, whether the action 
were public or private ; but if of that privileged 
class, upon no other occasion, except when pro- 
ceeded against by way of Apagoge, Endeixis, 
Ephegesis, or Eisangelia. Upon the last-mentioned 
form being adopted in a case of high treason bail 
was not accepted. The technical word for requiring 
bail of an accused person is icareyyvav, that for 
becoming surety in such case i^yyvaadeu. Surety 
of the other kind was demanded at the beginning 
of a suit upon two occasions only ; first, when a 
citizen asserted the freedom of a person detained 
in slavery by another ; and secondly, when a liti- 
gant, who had suffered judgment to go by default 
before the arbitrator (SiairrjT^s), had recommenced 
his action within the given time (juij ovaa 8f/c7j). 
After the judgment, security of this kind was re- 



ENOIKIOU DIKE. 



ENTASIS, 



461 



quired in all mercantile and some other private 
causes ; and state debtors, who had been sentenced 
to remain in prison till they had acquitted them- 
selves of their liabilities, were, by a law of Timo- 
crates (Dem. e. Timocr. pp. 712—716), allowed to 
go at large if they could provide three sureties 
that the money should be paid within a limited 
period. If the principal in a contract made default 
the surety was bound to make it good, or if he re- 
fused to do so, might be attacked by an tyyirns Si'ktj, 
if such action were brought within a twelvemonth 
after the obligation was undertaken. (Dem. c. 
Apaiur. pp. 901,910.) If, however, a person accused 
in a public action by one of the forms above men- 
tioned failed to appear to take his trial, his bail 
became liable to any punishment that such person 
had incurred by contempt of court ; and, consistently 
with this, it appears, from a passage in Xcnophon 
{Hell. i. 7. § 39), that the law allowed the bail to 
secure the person of the accused by private con- 
finement (Meier, Att. I'roc. p. 515.) [J. S. M.] 
ENGUE'SIS (iyyvrjo-ts). [Matri.monu ji.] 
E'NNATA (eWa). [Fu.nus.] 
ENOIKIOU DIKE {ivoimou Si'mj), action 
brought (like our trespass for mesne profits after a 
successful action of ejectment) to recover the rents 
withheld from the owner during the period of his 
being kept out of possession. If the property re- 
covered were not a house, but land (in the more 
confined sense of the word), the action for the 
rents and profits was called KapiroC 5i/<7j. It seems 
from the language of the grammarians, that these 
actions conld be brought to try the title to the 
estate, as well as for the above-mentioned purpose. 
Perhaps both the tenement and the intermediate 
profits might be recovered by one suit, but the pro- 
ceeding would be more hazardous, because a failure 
in one part of the demand would involve the loss 
of the whole cause. Thus, the title of a party to 
the land itself might have expired, as for instance 
where he held under a lease for a term ; yet he 
would lie entitled to recover certain bygone profits 
from one who had dispossessed him. Therefore it 
is not improbable that the Sinai ey. and (cap. might 
in practice be confined to those cases where the 
rents and profits only were the subject of claim. 
We are told that, if the defendant, after a judg- 
ment in one of these actions, still refused to give 
satisfaction, an oba'tas Si'ktj might be commenced 
against him, of which the effect was, that the 
plaintiff obtained a right to indemnify himself out 
of the whole property of the defendant. Schbmann 
observes, that this was a circuitous proceeding, 
when the plaintiff might take immediate steps to 
execution by means of entry and ejectment. His 
conjecture, however, that the ovatas 5i'»c7j was in 
ancient times an important advantage, when real 
property could not in the first instance be taken in 
execution, is probably not far from the truth, and 
is supported by analogy to the laws of other 
nations, which, being (in the infancy of civiliza- 
tion) framed by the landowners only, bear marks 
of a watchful jealousy of any encroachment upon 
their rights. He remarks also, that the giving to 
the party the choice between a milder and a more 
stringent remedy, accords with the general tenor 
and spirit of the Athenian laws. W'c may add, 
that our own law famishes an illustration of this, 
viz., where the plaintiff has obtained a judgment, 
he has the option of proceeding at once to execu- 
tion, or bringing an action on the judgment ; 



though with us the latter measure is considered 
the more vexatious, as it increases the costs, and is 
rendered less necessary by the facility with which 
executions can be levied. At Athens the e{oi/A.ijs 
5. ; K7j, as it was the ultimate and most efficacious 
remedy, drew with it also more penal consequences, 
as is explained under Embateia. [Meier, Att. 
Proc. p. 749.) [C. R. K.] 

EXOMO'TIA (cVayioTia). [Exercitus.] 

EXSIS. [Gladius.] 

E'NTASIS ((mains). The most ancient co- 
lumns now existing are remarkable for the extreme 
diminution of the shaft between its lower and upper 
extremity, the sides of which, like those of a cone, 
converge immediately and regularly from the base 
to the neck, so that the edge forms a straight line — 
a mode of construction which is wanting in grace 
and apparent solidity. To correct this, a swelling 
outline, called entasis (Vitruv. iii. 2, iv. 3), was 
given to the shaft, which seems to have been the 
first step towards combining grace and grandeur in 
the Doric column. 

The original form is represented by the figure on 
the left in the annexed woodcut, which is taken 
from the great temple at Posidonia (Paestum), 
which is one of the most ancient temples now re- 
maining ; that on the right shows the entasis, and 
is from a building of rather later construction in 
the same city. Two other examples of the same 
style are still to be seen in Italy, one belonging to 
an ancient temple at Alba Fucinensis (Piranesi, 
Magnif. de" Rom. tav. 31. fig. 6), and the other 
at Rome, on the sepulchre of C. Publicius. (/6. 
fig. 7.) 




In the example at Paestum the greatest devia- 
tion which the curved edge of the column makes 
from the straight line of the cone of which the 
pillar may be considered as a part, is at about the 
middle of the height, but it still keeps within the 
line of a perpendicular drawn from the circumfer- 
ence of the base ; or, in other words, the column 
is thickest at the Isisc : both these properties arc 
clearly shown by the dotted lines in the woodcut. 
(Cimip. Stieglitz, Arrhiinl. d. Huukunst, vol. i. 
p. 161.) IA.R.J 



462 EPEUNACTAE. 



EPHEBUS. 



EO'RA. [Aeora.] 

EPANGE'LIA (eirayyeMa). If a citizen of 
Athens had incurred an/tia, the privilege of taking 
part or speaking in the public assembly was for- 
feited [Atimia]. But as it sometimes might 
happen that a person, though not formally declared 
arifios, had committed such crimes as would, on 
accusation, draw upon him this punishment, it was 
of course desirable that such individuals, like real 
&tiij.oi, should be excluded from the exercise of the 
rights of citizens. Whenever, therefore, such a 
person ventured to speak in the assembly, any 
Athenian citizen had the right to come forward in 
the assembly itself (Aeschin. c. Timarch. p. 104), 
and demand of him to establish his right to speak 
by a trial or examination of his conduct (SoKifiaaia 
tov /Bi'ou), and this demand, denouncement, or 
threat, was called lirayyeXia, or ^irayytXia Soki- 
IxoMxias. The impeached individual was then com- 
pelled to desist from speaking, and to submit to a 
scrutiny into his conduct (Pollux, viii. 43 ; Suidas, 
s. v. eirayyeA'ia), and if he was convicted, a formal 
declaration of aTifxia followed. 

Some writers have confounded the lirayyzXia 
with SoKifxacria, and considered the two words as 
synonyms ; but from the statements made above, 
it is evident that the SoKt/xaixta is the actual trial, 
while the lirayyeAia is only the threat to subject 
a man to the SoKi/xaaia, : hence the expression 
iirayyi\Keiv ooKifiaaiav. (Schb'mann, De Comit. 
p. 232. note 8. transl.) Other writers, such as Har- 
poeration and Suidas, do not sufficiently distinguish 
between e-irayyeAia and eV56i£is : the latter is an 
accusation against persons who, though they had 
been declared irifioi, nevertheless ventured to 
assume the rights of citizens in the public assem- 
bly ; whereas sirayytXia applied only to those who 
had not yet been convicted of the crime laid to 
their charge, but were only threatened with an ac- 
cusation for the first time. (Meier, Att. Proc. 
p. 210 ; Schomann, De Comit. p. 232, note 7. 
transl.) Wachsmuth (Hellen. Alterfhumsk, vol. ii. 
p. 236, 2d edit.) seems to be inclined to consider 
the pyropiKri ypcKprj to be connected or identical 
with the inayyeXla, but the former, according to 
the definitions of Photius and Suidas, was in reality 
quite a different thing, inasmuch as it was intended 
to prevent orators from saying or doing unlawful 
things in the assembly where they had a right to 
come forward ; whereas the iivayyeXla was a de- 
nunciation, or a promise to prove that the orator 
had no right at all to speak in the assembly. [L. S.] 
EPARITI (iirapnoi), the name of the standing 
army in Arcadia, which was formed to preserve 
the independence of the Arcadian towns, when 
they became united as one state after the defeat 
of the Spartans at Leuctra. They were 5000 in 
number, and were paid by the state. (Xen. Hell. 
vii. 4. § 34, vii. 5. § 3 ; Diod. xv. 62, 67 ; Hesych. 
s. v. eirop6r)Tot ; Bejot, in Mem. de PAcad. des 
Inscrip. xxxii. p. 234 ; Kellermann, De Re Militari 
Arcadum, p. 44 ; Wachsmuth, Hellen. Allerthumsk. 
vol. i. p. 283, 2d ed.) 

EPAU'LIA. [Matrimonium.] 
EPEUNACTAE (iwevvaKTai), a class of 
citizens at Sparta who are said to have been the 
offspring of slaves and the widows of Spartan 
citizens. Theopompus tells us (Athen. vii. p. 
271, d) that in the Messenian war, in consequence 
of the great losses which the Spartans sustained, 
they married the widows of those who were slain 



to helots, and that these helots were admitted to 
the citizenship under the name of airevi/o.KTa'i. 
Diodorus (Mai, Exc. Vat. p. 10) also calls the par- 
tisans of Phalanthus iwevvaKTai. [Partheniae.] 
(Thirhvall, Hist, of Greece, vol. i. p. 353 ; Miiller. 
Dor. iii. 3. § 5.) 

EPHEBE'UM. [Gymnasium.] 

EPHE'BUS (c<pri§os), the name of an Athenian 
youth after he had attained the age of 1 8. (Pollux, 
viii. 105 ; Harpocrat. s. v. 'EiriSUres 'HSijcrai). 
The state of 4<pri§eiu lasted for two years, till the 
young men had attained the age of 20, when thev 
became men, and were admitted to share all the 
rights and duties of a citizen, for which the law 
did not prescribe a more advanced age. That the 
young men, when they became e^rjgoi, did not re- 
ceive all the privileges of full citizens, is admitted 
on all hands ; but trom the assertion of Pollux and 
Harpocration, who state that their names were not 
entered in the lexiarchic registers until they had 
completed their 20th year, that is to say, until they 
had gone through the period of icpySeia, it would 
seem that they were not looked upon as citizens as 
long as they were e<p-ri§oi, and that consequently 
they enjoyed none of the privileges of full citizens. 
But we have sufficient ground for believing, that 
the names of young men at the time they became 
e<p7j§o(, were entered as citizens in the lexiarchic 
registers, for Lycurgus (c. Leocrat. p. 189) uses the 
expressions e<pT]§ovy'iyveo-6aimidL eis to Xri^iapx'Kou 
ypa/j.p.a.Te'iou eyypd<peo-dai as synonymous. The 
statement of Harpocration and Photius is therefore 
probably nothing but a false inference from the fact, 
that young men before the completion of then' 20th 
year were not allowed to take an active part in the 
public assembly ; or it may be, that it arose out of 
the law which, as Schomann (De Comit. p. 71, 
transl.) interprets it, prescribed that no Athenian 
should be enrolled in the lexiarchic registers before 
the attainment of the 18th, or after the completion 
of the 20th year [Docimasia.] From the oration 
of Demosthenes against Aphobus (p. 814, &c. ; 
compare c. Onetor. p. 868), we see that some of 
the privileges of citizens were conferred upon young 
men on becoming e<pr}§oi : Demosthenes himself, at 
the age of 18, entered upon his patrimony, and 
brought an action against his guardians ; one Man- 
titheus (Demosth. c. Boeot. De Dote, p. 1009) re- 
lates that he married at the age of 18 ; and these 
facts are stated in such a manner that we must 
infer that their occurrence had nothing extra- 
ordinary, but were in accordance with the usual 
custom. 

Before a youth was enrolled among the ephebi, 
he had to undergo a toKifxacria, the object of which 
was partly to ascertain whether he was the son of 
Athenian citizens, or adopted by a citizen, and 
partly whether his body was sufficiently developed 
and strong to undertake the duties which now de- 
volved upon him. (Aristoph. Vcsp. 533, with the 
Schol. ; Demosth. c. Onetor. p. 868 ; Xen. De Rep. 
Ath. c. 3. § 4; Plato, Crito, p. 51, with Stall- 
baum's note p. 174. Eng. transl.) Schomann {I.e.) 
believes that this 5oicifj.ao-la only applied to orphans, 
but Aristophanes and Plato mention it in such a 
general way, that there seems to be no ground for 
such a supposition. After the SoKifiao-la the young 
men received in the assembly a shield and a lance 
(Aristot. ap. Harpocrat. s. v. AoKifiao-'ia) ■ but 
those whose fathers had fallen in the defence of 
their country, received a complete suit of armour 



EPHETAE. 



EPHETAE. 



463 



in the theatre. (Aeschin. c. Ctesipk. p. 75, ed. Steph.; 
Plato, Menex. p. 249, with Stallbaum's note.) It 
seems to have been on this occasion that the 
(<priSoi took an oath in the temple of Artemis 
Aglauros (Demosth. DeFals. Ley. p. 438 ; Pollux, 
vilL 10G), by which they pledged themselves never 
to disgrace their arms or to desert their comrades ; 
to fight to the last in the defence of their country, 
its altars and hearths ; to leave their country not in 
a worse but in a better state than they found it ; 
to obey the magistrates and the laws ; to resist all 
attempts to subvert the institutions of Attica, and 
finally to respect the religion of their forefathers. 
This solemnity took place towards the close of the 
year (4v a.px a 'P f,T ' la:s ), and the festive season bore 
the name of i<fr!>Sta. (Isaeus, De Apollod. c. 28 ; 
Demosth. c. Leochar. p. 10a2.) The external dis- 
tinction of the e<pij§oi consisted in the xKatxvs and 
the irtTouTos. (Hemsterhuis, ad Politic, x. 164.) 

During the two years of the fyq&fo, which may 
be considered as a kind of apprenticeship in arms, 
and in which the young men prepared themselves for 
the higher duties of lull citizens, they were gene- 
rally sent into the country, under the name of 
Trtp'nro\oi, to keep watch in the towns and for- 
tresses, on the coast and frontier, and to perform 
other duties which might be necessary for the pro- 
tection of Attica. (Pollux, viii. 106 ; Photius, s. v. 
UtpiiroKos : Plato, De Ley. vL p. 760, c.) [L. S.] 
EPHEGE'SIS (l<p4rmois). [Esdkixis.] 
EPHE'SIA (i<piaia), a great pancgyris of the 
Ionians at Ephesus, the ancient capital of the 
Ionians in Asia. It was held every year, and had, 
like all panegyreis, a twofold character, that of a 
bond of political union among the Greeks of the 
Ionian race, and that of a common worship of the 
Ephesian Artemis. (Dionys. Hal. Anliif. Itom.h: 
p. 229, ed. Sylburg ; Strabo, xiv. p. 639.) The 
Ephesia continued to be held in the time of Thu- 
cydides and Strabo, and the former compares it 
(iii. 104) to the ancient pancgyris of Delos 
[Delia], where a great number of the Ionians 
assembled with their wives and children. Re- 
specting the particulars of its celebration, we only 
know that it was accompanied with much mirth 
and feasting, and that mystical sacrifices were of- 
fered to the Ephesian goddess. (Strabo, c.) That 
games and contests formed likewise a chief part of 
the solemnities is clear from Hesychius (s. v.), who 
calls the Ephesia an aywv iiriipairl\s. (Compare 
Paus. vii. 2. § 4 ; M tiller, Dor. iL 9. § 8 ; Bockh, 
Corp. Inscript. ii. n. 2909.) 

From the manner in which Thucydides and 
Strabo speak of the Ephesia, it seems that it was 
only a pancgyris of some Ionians, perhaps of those 
who lived in Ephesus itself and its vicinity. 
Thucydides seems to indicate this by comparing it 
with the Delian pancgyris, which likewise con- 
sisted only of the Ionians of the islands near 
Delos ; and Strabo, who rails the great national 
pancgyris of all the Ionians in the Paninnium the 
Koiyii Tiairf]yvfii% ruy 'Iwvwv, applies to the Ephesia 
simply the name iraWryupn. It may, however, 
have existed ever since the time when Ephesus was 
the head of the Ionian colonies in Asia. | I.. St] 
E THESIS (t<ptats). [ Appki.i.atio. ] 
EIMI KSTHIS (4<p(OTpit). [Amictus.] 
E'PIIETAE {i<p(rai), the name of certain 
judges at Athens. They were fifty-one in number, 
m Iim tad from noble families {i.pianvZrtv alptOivrti), 
and more than fifty years of age. They formed a 



tribunal of great antiquity, so much so, indeed, 
that Pollux (viii. 125), ascribed their institution to 
Draco ; moreover, if we can depend upon the au- 
thority of Plutarch (Solon, c. 19), one of Solon's 
laws (5|ovej) speaks of the courts of the Ephetae 
and Areiopagus as co-existent before the time of 
that legislator. Again, we are told by Pollux 
(/. a), the Ephetae formerly sat in one or other of 
the five courts, according to the nature of the 
causes they had to try. In historical times, how- 
ever, they sat in /&«/• only, called respectively the 
court by the Palladium (to eVi TlaWaSioi ), by the 
Delphinium (to eVi Af Kiptvitp), by the Prvtaneium 
(to eVl npvravdy), and the court at Phreatto or 
Zea (to iv QpeaTTol). At the first of these courts 
they tried cases of unintentional, at the second, of 
intentional but justifiable homicide, such as slay- 
ing another in self-defence, taking the life of an 
adulterer, killing a tyrant or a nightly robber. 
(Plat. Ley. ix. p. 874.) At the Prvtaneium, by a 
strange custom, somewhat analogous to the imposi- 
tion of a dcodand, they passed sentence upon the 
instrument of murder when the perpetrator of the 
act was not known. In the court at Phreatto, on 
the sea-shore at the Pciraeeus, they tried such per- 
sons as were charged with wilful murder during 
a temporary exile for unintentional homicide. In 
cases of this sort, a defendant pleaded his cause on 
board ship (tt)5 yijs airTo'/ueeos), the judges 
sitting close by him on shore. (Dem. c. Aristocr. 
p. 644.) Now we know that the jurisdiction in 
cases of wilful murder was by Solon's laws cntnisted 
to the court of the Areiopagus, which is mentioned 
by Demosthenes (/. r.) in connection with the four 
courts in which the Ephetae sat. Moreover, Draco, 
in his Tliesmi, spoke of the Ephetae only, though 
the jurisdiction of the Areiopagus in cases of 
murder is admitted to have been of great antiquity. 
Hence Miiller (Eumenid. § 65) conjectures that 
the court of the Areiopagus was anciently included 
in the five courts of the Ephetae, and infers, more- 
over, the early existence of a senate at Athens, 
resembling the Gcrousia at Sparta, and invested 
with the jurisdiction in cases of homicide. (Thirl- 
wall, Hist, of Greece, vol. ii. p. 41.) The name of 
Ephetae given to the members of this council was, 
as he conceives, rather derived from their granting 
a licence to avenge blood (ot 4<piaai avZpo<p6vip 
tov avopi)ka.TT\v) than their being appealed to, or 
from the transfer to them of a jurisdiction which 
before the time of Draco had belonged to the 
kings. (Pollux, /. r.) If this hypothesis be tme, 
it becomes a question, why and when was this 
separation of the courts made ? On this subject 
Miiller adds, that when an act. of homicide was 
not punished by death or perpetual banishment, 
the perpetrator had to receive expiation. [ Exsi- 
I.IUM.] Now the atonement for blood and the 
purification of a shedder of blond came under the 
sacred law of Athens, the knowledge of which was 
confined to the old nobility, even afte r they had 
lost their political power. [Exkgetak.] Con- 
sequently the administration of the rights of ex- 
piation could not be taken away from them, and 
none but an autocratical court like that of the 
Ephetae would lie c uin|M tent to grant permission 
of expiation for homicide, and to preside over the 
ceremonies connected with it. Accordingly, that 
court retained tin- right of decision in actions for 
manslaughter, in which a temporary llight was 
I followed by expiation, and also in cases of justili- 



464 



EPH1PPIUM. 



EPHORI. 



able homicide, whether from the similarity of the 
latter (as regards the guilt of the perpetrator) to 
acts of accidental homicide, or as requiring a like 
expiation. (Plat. Leg. ix. pp. 864, 875.) For 
acts of wilful murder, on the other hand, the 
punishment was either death or aeupvyla, and 
therefore no expiation (Kadapais) was connected 
with the administration of justice in such cases, 
so that there could be no objection against their 
being tried by the court of the Areiopagus, though 
its members did not of necessity belong to the old 
aristocracy. 

Such briefly are the reasons which Muller 
alleges in support of this hypothesis, and if they 
are valid there can be little doubt that the separa- 
tion alluded to was effected when the Athenian 
nobility lost their supremacy in the state, and a 
timocracy or aristocracy of wealth vvas substituted 
for an aristocracy of birth. This, as is well known, 
happened in the time of Solon. 

Lastly, we may remark, that the comparatively 
unimportant and antiquated duties of the Ephetae 
sufficiently explain the statement in Pollux (I. c), 
that their court gradually lost all respect, and be- 
came at last an object of ridicule. [R. W.] 

EPHI'PPIUM (aarpdSri, e(p'nnnoi>,i<p'imreiov), 
a saddle. Although the Greeks occasionally rode 
without any saddle (ivl \ptAov 'lirirov, Xenoph. De 
Re Eques. vii. 5), yet they commonly used one, 
and from them the name, together with the thing, 
was borrowed by the Romans. (Varr. De Re Rust. 
ii. 7 ; Caes. B. G. iv. 2 ; Hor. Epist. i. 14. 43 ; 
Gellius, v. 5.) It has indeed been asserted, that 
the use of saddles was unknown until the fourth 
century of our era. But Ginzrot, in his valuable 
work on the history of carriages (vol. ii. c. 26), 
has. shown, both from the general practice of the 
Egyptians and other Oriental nations, from the 
pictures preserved on the walls of houses at Hercu- 
laneum, and from the expressions employed by J. 
Caesar and other authors, that the term " ephip- 




pium " denoted not a mere horse-cloth, a skin, or 
a flexible covering of any kind, but a saddle-tree, 
or frame of wood, which, after being filled with a 
stuffing of wool or cloth, was covered with softer 
materials, and fastened by means of a girth (cingu- 
lum, zona) upon the back of the animal. The 
ancient saddles appear, indeed, to have been thus 
far different from ours, that the cover stretched 
upon the hard frame was probably of stuffed or 
padded cloth rather than leather, and that the 
saddle was, as it were, a cushion fitted to the 
horse's back. Pendent cloths (o-Tpu/xara, strata) 
were always attached to it so as to cover the sides 
of the animal ; but it was not provided with stir- 
rups. As a substitute for the use of stirrups the 
horses, more particularly in Spain, were taught to 
kneel at the word of command, when their riders 
wished to mount them. See the preceding figure 
from an antique lamp found at Herculaneum, and 
compare Strabo, iii. 1. p. 436, ed. Sieb. ; and Silius 
Italicus, x. 465. 

The saddle with the pendent cloths is also ex- 
hibited in the annexed coin of Q. Labienus. 




The term " Ephippium " was in later times in 
part supplanted by the word " sella," and the more 
specific expression " sella equestris." [J. Y.] 

E'PHORI ("Etpopoi). Magistrates called Ephori 
or " Overseers " were common to many Dorian 
constitutions in times of remote antiquity. Cyrene 
and the mother state of Thera may be mentioned 
as examples : the latter colonized from Laconia in 
early ages, and where, as we are told, the ephors 
were iirdvv/xoi, i. e. gave their name to their year 
of office. (Heracl. Pont. 4.) The ephoralty at 
Sparta is classed by Herodotus (i. 65) among the 
institutions of Lycurgus. Since, however, the 
ephori are not mentioned in the oracle which con- 
tains a general outline of the constitution ascribed 
to him (Plut. Lycurg. 6), we may infer that no 
new powers were given to them by that legislator, 
or in the age of which he may be considered the 
representative. Another account refers the insti- 
tution of the Spartan ephoralty to Theopompus 
(b. c. 770 — 720), who is said to have founded 
this office with a view of limiting the authority of 
the kings, and to have justified the innovation by 
remarking that " he handed down the royal power 
to his descendants more durable, because he had 
diminished it." (Aristot. Polit. v. 9.) The in- 
consistency of these accounts is still farther com- 
plicated by a speech of Cleomenes III., who is re- 
presented to have stated (Plut. Cleom. 10) that the 
ephors were originally appointed by the kings, to 
act for them in a judicial capacity (irpbsTO itpiveiv) 
during their absence from Sparta in the first Mes- 
senian war, and that it was only by gradual 
usurpations that these new magistrates had made 
themselves paramount even over the kings them- 
selves. Now, according to some authorities (Thirl- 
wall, Hist, of Greece, vol. i. p. 353), Polydorus, the 
colleague of Theopompus, and one of the kings 
under whom the first Messenian war (b. c. 743 — ■ 
723) was completed, appropriated a part of the 



EPHORI. 



EPHORI. 



465 



conquered Messenian territory to the augmentation 
of the number of portions of land possessed by the 
Spartans — an augmentation which implies an in- 
crease in the number of Spartan citizens. But the 
ephors, as we shall see hereafter, were the repre- 
sentatives of the whole nation, and therefore, if in 
the reign of Theopompus the franchise at Sparta 
was extended to a new class of citizens who never- 
theless were not placed on an equality with the 
old ones (inrop.e'ioves), the ephors would thencefor- 
ward stand in a new position with respect to the 
kings, and the councillors (01 yipovres) who were 
elected from the higher class. Moreover, it is 
not improbable that, during the absence of the 
kings, the ephors usurped, or had conferred upon 
them, powers which did not originally belong to 
them ; so that, from both these causes, their 
authority may have been so far altered as to lead 
to the opinion that the creation of the office, and 
not merely an extension of its powers, took place 
during the reign of Theopompus. Again, as Thirl- 
wall observes, " if the extension of the ephoralty 
was connected with the admission of an inferior 
class of citizens to the franchise, the comparison 
which Cicero (He Let/, iii. 7, De Hep. ii. 33) 
draws between the ephoralty and the Roman 
tribunate would be more applicable than he him- 
self suspected, and would throw a light on the 
seeming contradiction of the ephors being all- 
powerful, though the class which they more espe- 
cially represented enjoyed only a limited fran- 
chise." (Hist, of Greece, vol. i. p. 356.) But after 
all, the various accounts which we have been consi- 
dering merely show how different were the opi- 
nions, and how little historical the statements, 
about the origin of the ephoralty. (Miiller. 
Dorians, iii. c. 7 ; and see Clinton, //. vol. i 
Appendix Ii.) 

We therefore proceed to investigate the func- 
tions and authority of the ephors in historical times, 
after first observing that their office, considered as 
a counterpoise to the kings and council, and in that 
respect peculiar to Sparta alone of the Dorian states, 
would have been altogether inconsistent with the 
constitution of Lycurgus, and that their gradual 
usurpations and encroachments were facilitated by 
the vague and indefinite nature of their duties. 
Their number, five, appears to have been always 
the same, and was probably connected with the 
five divisions of the town of Sparta, namely, the 
four Kunat, Eimnae, Mesoa, Pilann, Cynosura, and 
the Tl6\is or city properly so called, around which 
the Kai/iai lay. (I'lnlolmj. Museum, vol. ii. p. 62.) 
They were elected from and by the people (i£ 
a-wdvrwv), without any qualification of age or 
property, and without undergoing any scrutiny (oi 
ti>xoVt«i) ; so that, as Aristotle remarks (Polit. ii. 
7), the Srifios enjoyed through them a participa- 
tion in the highest magistracy of the state. The 
precise mode of their election is not known, but 
Aristotle (/.ft) speaks of it as being very puerile ; 
and Plato (Leg. iii. p. 61)2) describes their office 
as iyyiit Trji Kkripurrris hwip.tws, words which 
may apply to a want of a directing and discrimin- 
ating principle in the electors, without of necessity 
implying an election by lot. They entered upon 
office at the autumnal solstice, and the first in rank 
of the five gave his name to the year, which was 
called after him in all civil transactions. (Miiller, 
Iior. iii. 7. 8 /•) Their meetings were held in the 
public building called ipx*~'ov, which in some re- 



spects resembled the Prytaneium at Athens, as 
being the place where foreigners and ambassadors 
were entertained, and where, moreover, the ephors 
took their meals together. (Pausan. iii. 11. §2.) 

The ephors also possessed judicial authority, 
on which subject Aristotle (Polit. iii. 1) remarks 
that they decided in civil suits (Si'koi riiv avfiSo- 
\aiwv), and generally in actions of great im- 
portance (xpioewv neyd\wv Kvpioi, Polit. ii. 6) : 
whereas the council presided over capital crimes 
(5'iKai tpoviKo.'t). In this arrangement we see an 
exemplification of a practice common to many of 
the ancient Greek states, according to which a 
criminal jurisdiction was given to courts of aris- 
tocratic composition, while civil actions were de- 
cided by popular tribunals. [Compare Ephetae 
and Abeiopagus.] But with this civil jurisdiction 
was united a censorial authority, such as was pos- 
sessed by the ephors at Cyrene : for example, the 
ephors punished a man for having brought money 
into the state (Plut. Lysun. 19), and others for in- 
dolence. (Schol. ad Thucyd. i. 84.) We are told 
also, that they inspected the clothing and the bed- 
ding of the young men. (Athen. xii. p. 550.) 
Moreover, something like a superintendence over 
the laws and their execution is implied in the lan- 
guage of the edict, which they published on entering 
upon their office, ordering the citizens " to shave 
the upper lip (p-varana) , i. e. to be submissive, and 
to obey the laws." Now the symbolical and archaic 
character of this expression seems to prove that the 
ephors exercised such a general superintendence 
from very early times, and there can be no doubt 
" that in the hands of able men, it would alone 
prove an instrument of unlimited power." (Thirl- 
wall, Hist of Greece, vol. i. p. 355.) 

Their jurisdiction and power were still farther 
increased by the privilege of instituting scrutinies 
(tC8vi>ai) into the conduct of all the magistrates, 
on which Aristotle (Polit. ii. 6. § 17) observes that 
it was a very great gift to the ephoralty (toCto Se 
t»; itpopda p.iya kiav to iwpov). Nor were they 
obliged to wait till a magistrate had completed his 
term of office, since, even before its termination, 
they might exercise the privilege of deposition 
(Xcn. Lie Lie. Lmc. viii. 4.) Even the kings them- 
selves could be brought before their tribunal (as 
Cleomenes was for bribery, SwpohoKta, Herod, vi. 
82), though they were not obliged to answer a 
summons to appear there, till it had been repeated 
three times. (Plut. Cleom. 10.) In extreme cases, 
the ephors were also competent to lay an accusation 
against the kings as well as the other magistrates, 
and bring them to a capital trial before the great 
court of justice. (Xcn. /. c. • Herod, vi. 85.) 
If they kilt as judges themselves, they were only 
able, according to Miiller, to impose a fine, and 
compel immediate payment ; but they were not in 
any case, great as was their judicial authority, 
bound by a written code of laws. ( AristoU Polit. 
ii. 6.) 

In later times the power of the ephors was 
greatly increased ; and this increase appears to 
have been principally owing to the fact, that they 
put themselves in connection with the assembly of 
the people, convened its meetings, laid measures 
before it, and were constituted its agents and re- 
presentative*. When this connection arose is 
matter of conjecture ; some refer the origin of it to 
Asteropus, one of the first ephors to whom the ex- 
tension of the powers of the ephoralty is ascribed, 
ii ii 



466 



EPHORI. 



EPIBATAE. 



and who is said to have lived many years after the 
time of Theopompus ; probably about B. c. 560. 
That it was not known in early times appears from 
the circumstance that the two ordinances of the 
oracle at Delphi, which regulated the assembly of 
the people, made no mention of the functions of the 
ephors. (Thirlwall, vol. i. p. 356.) It is clear, 
however, that the power which such a connection 
gave, would, more than any thing else, enable 
them to encroach on the royal authority, and make 
themselves virtually supreme in the state. Ac- 
cordingly, we find that they transacted business 
with foreign ambassadors (Herod, ix. 8) ; dis- 
missed them from the state (Xen. Hell. ii. 13. § 19) ; 
decided upon the government of dependent cities 
(Xen. Hell. iii. 4. § 2) ; subscribed in the presence 
of other persons to treaties of peace (Thucyd. v. 19), 
and in the time of war sent out troops when they 
thought necessary. (Herod, ix. 7.) In all these 
capacities the ephors acted as the representatives of 
the nation, and the agents of the public assembly, 
being in fact the executive of the state. Their au- 
thority in this respect is further illustrated by the 
fact, that after a declaration of war, " they entrusted 
the army to the king, or some other general, who 
received from them instructions how to act ; sent 
back to them for fresh instructions, were restrained 
by them through the attendance of extraordinary 
plenipotentiaries, were recalled by means of the 
scytale, summoned before a judicial tribunal, and 
their first duty after return was to visit the office 
of the ephors." (Miillcr, Dor. vol. ii. p. 127.) 
Another striking proof of this representative cha- 
racter is given by Xenophon (De Rep. Lac. 15), 
who informs us, that the ephors. acting on behalf 
of the state (virep t?js TrrfAetoj), received from the 
kings every month an oath, by which the latter 
bound themselves to rule according to law ; and 
that, in return for this, the state engaged, through 
the ephors, to maintain unshaken the authority of 
the kings, if they adhered to their oath. 

It has been said that the ephors encroached upon 
the royal authority ; in course of time the kings 
became completely under their control. For ex- 
ample, they fined Agesilaus (Plut. Ages. 2. 5) on 
the vague charge of trying to make himself popular, 
and interfered even with the domestic arrangements 
of other kings ; moreover, as we are told by 
Thucydides (i. 131), they could even imprison the 
kings, as they did Pausanias. We know also that 
in the field the kings were followed by two ephors 
who belonged to the council of war ; the three 
who remained at home received the booty in 
charge, and paid it into the treasury, which was 
under the superintendence of the whole College of 
Five. But the ephors had still another preroga- 
tive, based on a religious foundation, which enabled 
them to effect a temporary deposition of the kings. 
Once in eight years (oY ir&v ivvda), as we are told, 
they chose a calm and cloudless night to observe 
the heavens, and if there was any appearance of a 
falling meteor, it was believed to be a sign that the 
gods were displeased with the kings, who were ac- 
cordingly suspended from their functions until an 
oracle allowed of their restoration. (Plut. Agis, 
1 1.) The outward symbols of supreme authority 
also were assumed by the ephors ; and they alone 
kept their seats while the kings passed ; whereas it 
was not considered below the dignity of the kings 
to rise in honour of the ephors. (Xen. De Rep. 
Lac. 15.) 



The position which, as we have shown, the 
ephors occupied at Sparta, will explain and justify 
the statement of Muller, " that the ephoralty was 
the moving element, the principle of change in the 
Spartan constitution, and in the end, the cause of 
its dissolution." In confirmation of this opinion 
we may cite the authority of Aristotle, who ob- 
serves, that from the excessive and absolute power 
(iooTvpavvos) of the ephors, the kings were obliged 
to court them (Sr\jj.aywyeiv), and eventually the 
government became a democracy instead of an 
aristocracy. Their relaxed and dissolute mode of 
life too {uveinivT) Slana), he adds, was contrary to 
the spirit of the constitution ; and we may remark 
that it was one of the ephors, Epitadeius, who first 
carried through the law permitting a free inherit, 
ance of property in contravention of the regulation 
of Lycurgus, by which an equal share in the com- 
mon territory was secured to all the citizens. 

The change, indeed, to which Aristotle alludes, 
might have been described as a transition from an 
aristocracy to an oligarchy ; for we find that in 
later times, the ephors, instead of being dema- 
gogues, invariably supported oligarchical principles 
and privileges. The case of Cinadon, B. c. 399, is 
an instance of this ; and the fact is apparently so 
inconsistent with their being representatives of the 
whole community, and as much so of the lower 
(virofieioves) as of the higher (H/xoioi) class of 
citizens, that Wachsmuth supposes the Srj/tos, from 
and by whom the ephors were chosen, to mean the 
whole body of privileged or patrician citizens only, 
the most eminent (Ka\o\ Ka.ya.Boi) of whom were 
elected to serve as yepovres. This supposition is 
not itself improbable, and would go far to explain 
a great difficulty ; but any analysis of the argu- 
ments that may be urged for and against it is pre- 
cluded by our limits. £See Thirlwall, vol. iv. 
p. 377.) We only add that the ephors became at 
last thoroughly identified with all opposition to the 
extension of popular privileges. 

For this and other reasons, when Agis and 
Cleomenes undertook to restore the old constitu- 
tion, it was necessary for them to overthrow the 
ephoralty, and accordingly Cleomenes murdered the 
ephors for the time being, and abolished the office 
(b. c. 225) ; it was, however, restored under the 
Romans. [R. W.] 

EPI'BATAE (eVigarai), soldiers or marines 
appointed to defend the vessels in the Athenian 
navy, were entirely distinct from the rowers, and 
also from the land soldiers, such as hoplitae, pel- 
tasts, and cavalry. (Xen. Hell. i. 2. § 7, v. 1. 
§11; Harpocrat. and Hesych. s. i\) It appears 
that the ordinary number of epibatae on board a 
trireme was ten. Dr. Arnold (ad Thuc. iii. 95) 
remarks that by comparing Thuc. iii. 95 with cc. 91, 
94, we find three hundred epibatae as the comple- 
ment of thirty ships, and also hy comparing ii. 92 
with c. 102, we find four hundred as the comple- 
ment of forty ships ; and the same proportion re- 
sults from a comparison of iv. 76 with c. 101. In 
Thucydides vi. 42, we find seven hundred epibatae 
for a fleet of one hundred ships, sixty of which were 
equipped in the ordinary way and forty had troops 
on board. In consequence of the number of heavy- 
armed men eK tov Ka.Ta,x6yov on the expedition, 
the Athenians appear to have reduced the number 
of regular epibatae from ten to seven. The number 
of forty epibatae to a ship mentioned by Herodotus 
(vi. 15), Dr. Arnold justly remarks (I.e.), "be- 



EPIBOLE. 



EPICLERUS. 



407 



longs to the earlier state of Greek naval tactics, 
when victory depended more on the number and 
prowess of the soldiers on board than on the 
manceuvres of the seamen (Thuc. i. 49) ; and it was 
in this very point that the Athenians improved the 
system, by decreasing the number of iirtSarat, and 
relying on the more skilful managemeut of their 
vessels." 

The epibatae were usually taken from the 
Thetes, or fourth class of Athenian citizens 
(Thuc. vL 42) ; but on one occasion, in a season 
of extraordinary danger, the citizens of the higher 
classes (^<c nara\6yov) were compelled to serve as 
epibatae. (Thuc. viii. 24.) 

The term is sometimes also applied by the Ro- 
man writers to the marines (Hirt. tie Dell. Alex. 
1 1, de Bell. Afric. 63) ; but they are more usually 
called claasiarii milites. The latter term, however, 
is also applied to the rowers or sailors as well as 
the marines (claxsiariorum remigio velii, Tac. Ann. 
xiv. 4). 

EPIBLE'MA (Me\t)na). [Amictus.] 

EPI BOLE (iirtSoKii), a fine imposed by a 
magistrate, or other official person or body, for a 
misdemeanour. The various magistrates at Athens 
had (each in his own department ) a summary penal 
jurisdiction ; i.e. for certain offences they might 
inflict a pecuniary mulct or fine, not exceeding a 
fixed amount ; if the offender deserved further 
punishment, it was their duty to bring him before 
a judicial tribunal. Thus, in case of an injur}- done 
to orphans or heiresses, the archon might fine the 
parties, or (if the injury were of a serious nature) 
bring them before the court of Heliaea. (Dem. 
c. Macart. p. 1076.) Upon any one who made a 
disturbance, or otherwise misbehaved himself in the 
public assembly, the proedri might impose a fine of 
fifty drachms, or else bring him for condign punish- 
ment before the senate of 500, or the next as- 
sembly. (Acsch. r. Timar. 35, Bekk.) The senate 
of 500 were competent to fine to the extent of 500 
drachms. (Dem. c. Euertj. and Mnes. p. 1152; 
see also Dem. c. Mid. p. 572.) 

The magistrate who imposed the fine (litiSoX^v 
iiriSaKt) had not the charge of levying it, but was 
obliged to make a return thereof to the treasury 
officers (iirtypd<p(iv or 4yypd>pftv toTj irpoKTop^ir, 
or iyypdtpnv -rif Srifioaiif), whereupon, like all 
other penalties and amerciaments, it became (as we 
should say) a debt of record, to be demanded or 
recovered by the collectors. (Aesch. c. Timar. I.e.; 
Dem. c. Nicost. p. 1251.) If it were made pay- 
able to the fund of a temple, it wa3 collected by 
the functionaries who had the charge of that fund 
(rauiat). There might (it seems) be an appeal 
from the sentence of the magistrate to a jury or 
superior court. (Meier, Alt. I'roe. pp. 32, .'54 , 505; 
Sch >mann. Ant. ./nr. I'ult. (Iraec. pp. 242, 293.) 

As under the old Roman law no magistrate could 
impose a fine of more than two oxen and thirty 
sheep, so by the laws of Solon fines were of very 
small amount at Athens. How greatly they in- 
creased afterwards (as money became more plentiful, 
and laws more numerous), and how important a 
branch they formed of the public revenue, may be 
seen from the examples collected by Ilotkli, I'uh. 
/'Jam. of Athens, p. 375, Ate, 2nd ed. 

These r/riMae are to be distinguished from the 
penalties awarded by a jury or court of law (rifi-f)- 
para) upon n formal prosecution. There the ma- 
gistrate or other person who instituted the pro- 



ceeding (for any one might prosecute, Kcn-nyoptiv), 
was said r'ifit]fia twLypdif/a<x8ai, as the court or 
jury were said Tiuqv, " to assess the penalty," 
which always devolved upon them, except where 
the penalty was one fixed by law (ex rwv v6/xwi> 
eViKti^eVT) (rinla), in which case it could not be 
altered. (Aesch. Uep\ Udpag. 14, Bekk. ; Dem. 
c. Theocr. p. 1328 ; Harpocr. s. v. 'Ati'^tjtos 
aydv.) [C. R. K.] 

EPICHEIROTO'XIA(67nx€ipoToWa). [Ciiei- 

ROTONIA.J 

EPICLE'RUS (titiKX-npos, heiress), the name 
given to the daughter of an Athenian citizen, who 
had no son to inherit his estate. It was deemed 
an object of importance at Athens to preserve the 
family name and property of every citizen. This 
was effected, where a man had no child, by adop- 
tion (ei'o-TTOi'Tjcm) ; if he had a daughter, the in- 
heritance was transmitted through her to a grand- 
son, who would take the name of the maternal 
ancestor. If the father died intestate, the heiress 
had not the choice of a husband, but was bound to 
marry her nearest relation, not in the ascending 
line. Upon such person making his claim before 
the archon, whose duty it was iirt/it\e7o-8ai rSv 
eiriKXTipwv Kal tSiv oXkwv twv Qefrnfiovixivjiv 
(Dem. c. Macart. p. 1076), public notice was given 
of the claim ; and if no one appeared to dispute it, 
the archon adjudged the heiress to him (fntSiKaatv 
airrtf Tr)i> iirUkiipof). If another claimant ap- 
peared (auxptaSr)T(7i' aiiT<£ rrjs eriK.), a court was 
held for the decision of the right (5io5»co<ri'o t^s 
iiriic.), which was determined according to the 
Athenian law of consanguinity (yevovs Kar' ay- 
Xtirrday.) Even where a woman was already 
married, her husband was obliged to give her up 
to a man with a better title ; and men often put 
away their former wives in order to marry heir- 
esses. (Dem. c. Onet. argum., c. EuLul. p. 1311 ; 
Isaeus, De I'tjrr. Hired, p. 78.) 

A man without male issue might bequeath his 
property ; but if he had a daughter, the devisee 
was obliged to marry her. (Isaeus, De Arist. Hered. 
p. 19.) If the daughter was poor, and the nearest 
relative did not choose to marry her, he was bound 
to give her a portion corresponding to his own for- 
tune. (Dem. c. Macart. p. 1067.) 

The husband of an heiress took her property 
until she had a son of full age (inl Sitrh riGq- 
oavra), who was usually adopted into his maternal 
grandfather's family, and took possession of the 
estate. He then became his mother's legal pro- 
tector (Kvptos), and was bound to find her main- 
tenance (ffiroj'). If there were more sons, they 
shared the property equally. (Isaeus, De I'yrr. 
Hered. p. 59, De dr. Hered. p. 40 ; Dem. c. titcjth. 
pp. 1 1 34, 1 1 35.) 

When thrre was but one daughter, she wns 
allied imnK-npos i-x't iraml t$ oUip. If the re were 
more they inherited equally, like our CO- parceners ; 
and were severally married to relatives, the nearest 
having the first choice. (Andoc. /)r Mi/ft. p. 117, 
&.C.; Isaeus, Def'ir. llrrrd. pp.57,5ff.) illegitimate 
sons did not share with the daughter, the law 
being vAOtf jth *?foi 6.yx'V"la>> /it)0' ifpwv utffl 
iaiwv. (Dem. c. Macart. p. 1067 ; Aristoph. Ave», 
1652.) 

The heiress wns under the sperinl protection of 
the Srehoil ; and if she was injured by her husband 
or relatives, or by strangers ejecting her from her 
estate, the law gave n criminal prosecution ngainst 

a ii 2 



468 



EPIMELETAE. 



EPISTATES. 



the offender, called Kaicdioews eiVayyeAi'a. (Isaeus, 
De Pyrr. Hered. p. 76 ; Meier, Att. Proc. pp. 269, 
460,468.) [C. R.K.] 

EPIDAU'RIA. [Eleusinia.] 
EPIDICA'SIA (imSiKarria). [Heres.] 
EPIDEMIURGI. [Demiurgi.] 
EPPDOSEIS (e7n8dVe[s), were voluntary con- 
tributions, either in money, arms, or ships, which 
were made by the Athenian citizens in order to 
meet the extraordinary demands of the state. 
When the expences of the state were greater than 
its revenue, it was usual for the prytanes to sum- 
mon an assembly of the people, and after ex- 
pl lining the necessities of the state, to call upon 
the citizens to contribute according to their means. 
Those who were willing to contribute then rose 
and mentioned what they would give ; while those, 
who were unwilling to give any thing, remained 
silent or retired privately from the assembly. 
(Plut. Alcib. 10, Pkoc. 9 ; Dem. c. Meid. p. 567 ; 
Theophras. Char. 22 ; Athen. iv. p. 168,e.) The 
names of those who had promised to contribute, 
together with the amount of their contributions, 
were written on tablets, which were placed before 
the statues of the Eponymi, where they remained 
till the amount was paid. (Isaeus, De Dicaeog. 
p. Ill, ed. Reisk.) 

These epidoseis, or voluntary contributions, were 
frequently very large. Sometimes the more wealthy 
citizens voluntarily undertook a trierarchy, or the 
expences of equipping a trireme. (Dem. c. Meid. 
p. 566. 23.) We read that Pasion furnished 
1000 shields, together with five triremes, which he 
equipped at his own expence. (Dem. c. Steph. 
p. 1127. 12.) Chrysippus presented a talent to 
the state, when Alexander moved against Thebes 
(Dm. c. Phorm. p. 918. 20) ; Aristophanes, the 
son of Nicophemus, gave 30,000 drachmae for an 
expedition against Cyprus (Lysias, pro Aristoph. 
bonis, p. 644) ; Charidemus and Diotimus, two 
commanders, made a free gift of 800 shields (Dem. 
pro Coron. p. 265. 18) ; and similar instances of 
liberality are mentioned by Bbckh (Publ. Econ. of 
Athens, pp. 586, 587, 2nd. ed.), from whom the 
preceding examples have been taken. (Compare 
Schomann, De Comitiis, p. 292.) 

EPIGA'MIA (eiriyan'ia). [Civitas (Greek.)] 
EPIGRAPH EIS (imypa^h). [Eisphora.] 
EPIMELE'TAE (eTr^eATjrcu), the names of 
various magistrates and functionaries at Athens. 

1. 'E7r<|UeA7)Tjjs Trjs xoivris -n-poaSSov, more usu- 
ally called rafiias, the treasurer or manager of the 
public revenue. [TamiaS.] 

2. 'Eirifie\7iTa\ Tav p.opia>v 'IZXaiav, were persons 
chosen from among the Areopagites to take care of 
the sacred olive trees. (Lysias, Areopag. p. 284.5.) 

3. 'EirijUeAT/ral Tov'Efj.iropiov, were the overseers 
of the emporium. [Emporium.] They were ten 
in number, and were elected yearly by lot. (Har- 
pocrat. s. i>.) They had the entire management of 
the emporium, and had jurisdiction in all breaches 
of the commercial laws. ( Dem. c. Lacrit. p. 94 1 . 15. 
c. Theoc. p. 1324 ; Dinarch. c. Aristog. pp. 81, 82.) 
According to Aristotle (apud Harpoerat. s. v.), 
it was part of their duty to compel the merchants to 
bring into the city two-thirds of the corn which 
had been brought by sea into the Attic emporium ; 
by which we learn that only one-third could be 
carried away to other countries from the port of 
the Peiraeeus. (Bdckh, Publ. Econ. of Athens, 
pp. 48, 81, 2nd ed. ; Meier, Att. Proc. p. 86.) 



4. 'ETTijueAijTal tojv Mvarripiwv, were, m con- 
nection with the king archon, the managers of the 
Eleusinian mysteries. They were elected by open 
vote, and were four in number ; of whom two were 
chosen from the general body of citizens, one 
from the Eumolpidae, and one from the Ceryces. 
(Harpoerat and Suid. s. v. ; Dem. c. Meid. p. 570. 6.) 

5. "Eirifie\T]Tai tuv vewpiaiv, the inspectors of 
the dockyards, formed a regular apxn, and were 
not an extraordinary commission, as appears from 
Demosthenes (c. Euerg. et Mms. p. 1145), Aes- 
chines (c. Ctesiph. p. 419), and the inscriptions 
published by Bockh (Urkmiden uber das Seewesen 
des Attisclies Staates, Berlin, 1840), in which they 
are sometimes called oi apxovres iu rots veupiois, 
and their office designated an o-pxh- (No. xvi. b. 
104, &c. ; No. x. c. 125 ; No. xiv. c. 122. 138.) 
We learn from the same inscriptions that their of- 
fice was yearly, and that they were ten in number. 
It also appears that they were elected by lot from 
those persons who possessed a knowledge of ship- 
ping. 

The principal duty of the inspectors of the dock- 
yards was to take care of the ships, and all the 
rigging, tools, &c. (<r/ceu?j) belonging to them. 
They also had to see that the ships were sea- 
worthy ; and for this purpose they availed them- 
selves of the services of a SoKip-aarfis, who was 
well skilled in such matters. (Bbckh, Ibid. No. ii. 
56.) They had at one time the charge of various 
kinds of military cr/ceu^, which did not necessarily 
belong to ships, such as engines of war (No. xi. m), 
which were afterwards, however, entrusted to the 
generals by a decree of the senate and people. 
(No. xvi. a. 195.) They had to make out a list of 
all those persons who owed anything to the docks 
(Dem. c. Euerg. et Mnes. p. 1145), and also to 
get in what was due. (Id. c. Androt. p. 612.) 
We also find that they sold the rigging, &c, of 
the ships and purchased new, under the direc- 
tion of the senate, but not on their own responsi- 
bility. (No. xiv. b. 190, &c, compared with Nos. 
xiv. xvi. u.) They had Tjyefioviav oiKairri)piov in 
conjunction with the dirosToKiis in all matters 
connected with their own department. (Dem. c. 
Euerg. et Mnes. p. 1147.) To assist them in dis- 
charging their duties they had a secretary {ypap-- 
f.iarevs, No. xvi. b. 1 65), and a public servant (Sij- 
fidaios £v rots veapiots, No. xvi. b. 135). For a 
further account of these inspectors, see Bdckh, 
Urhmden, &c. pp. 48 — 64. 

6. 'E7n,ue\?;Tal tSiv (pvAwv, the inspectors of the 
<f>v\ai or tribes. [TribuS.] 

EPIRHE'DIUM. [Rheda.] 

EPISCE'PSIS {Mo-k^ls). [Martyria.] 

EPI'SCOPI (eir'urKoiroi), inspectors, who were 
sometimes sent by the Athenians to subject states. 
Harpocration compares them to the Lacedaemonian 
harmosts, and says that they were also called 
cpuAaKts. It appears that these Episcopi received 
a salary at the cost of the cities over which they 
presided. ( Aristoph. A res, 1022, &c, with Schol.; 
Harpoerat. s. v. ; Bdckh, Publ. Econ. of Athens, 
pp.156, 238, 2d ed. ; Schomann, Antiq. Juris 
Pub. Graec. p. 432. 18.) 

EPI'STATES (eVio'TOTTjs), which means a per- 
son placed over any thing, was the name of two 
distinct classes of functionaries in the Athenian 
state ; namely, of the chairman of the senate and 
assembly of the people, respecting whose duties see 
the articles Boule and Ecclesia ; and also of the 



EPISTYLIUM. 



EPITROPUS. 



469 



directors of the public works. ('EiruTTaTcu. twv 
hi)Hoaiwv tpywv.) These directors had different 
names, as raxoTroioi, the repairers of the walls ; 
Tpii7/>07roioi',the builders of the triremes ; TcuppoTroioi, 
the repairers of the trenches, &c. ; all of whom 
were elected by the tribes, one from each : but the 
most distinguished of these were the T(ix»iroioi, 
(Aeschin. c. Ctesiph. pp. 400, 422, 425.) Over 
other public buildings a manager of public works 
had the superintendence ; and it was in this 
capacity that Pericles, and subsequently Lycurgus, 
undertook so many works of architecture. In the 
inscriptions relating to the building of the temple 
of Athena Polias, we find iiriaTaTal mentioned. 
(Bdckh, PM. Econ. of Athens, p. 203, 2nd ed.) 
Similar authorities were appointed for the care of 
the roads, and of the supply of water (iSanoiol, 
Aeschin. c. Ctesiph. p. 419 ; eVitrraTai tuv uSotcdv, 
Plut. Them. 31 ; Schbmann, Antiq. Juris PuU. 
Grace, p. 247). 

The directors received the money which was 
necessary for these works from the public treasury 
(4k T7js JioiK7)(reu!S, Aeschin. c. Ctesiph. p. 425). 

EPI'STOLA. [Constitutio.] 

EPISTOLEL'S (4vi<jro\(is), was the officer 
second in rank in the Spartan fleet, and succeeded 
to the command if any thing happened to the 
yjvdpxos or admiral (Xen. Hell. i. 1. §23, iv. 
8. § 1 1, v. 1. g 5, 6 ; Sturtz, Lex. Xenoph. s. v.) 
Thus, when the Chians and the other allies of 
Sparta on the Asiatic coast sent to Sparta to re- 
quest that Lysander might be again appointed to 
the command of the navy, he was sent with the 
title of iiriaroMvs, because the laws of Sparta did 
not permit the same person to hold the office of 
vav&pxos twice. (Xen. //el/, ii. 1. §7.) 

EPISTY'LIUM ( iiri<TTvKtov), is properly, as 
the name implies, the architrave, or lower member 
of an entablature, which lies immediately over the 
columns. (Plut. Per. 13; Paus. f/ass. ; Varr. ft. /(. 
iii. 2 ; Festus, ». v. ; comp. CoLUMNA, p. 324, a) 
The rules for the height of the architrave are given 
by Vitruvius (iii. 3. 8. 5, cd. Schn.). In the 
best examples of the Doric order, the front of the 
architrave was a plain flat surface, with no carvings, 
but sometimes ornamented with metal shields af- 
fixed to it over each column, as in the Parthenon, 
where there are also inscriptions between the 
shields. (See Lucas's model.) In the Ionic and 
Corinthian orders it was cut up into two or usually 
three surfaces (fasciae), projecting beyond one 
another, the edges of which were afterwards 
decorated with mouldings. (See the woodcuts 
under Chi.u.mxa.) Originally the architrave was 
the main beam, laid along the top of the columns 
to support the roof. When stone was used, a 
natural limit was set to the length of the pieces 
of the architrave, and consequently the distance of 
the columns, by the impossibility of obtaining 
blocks of stone or marble beyond a certain size. 
In the temple of Artemis at Ephcsus the pieces of 
the architrave wi re so large that Pliny wonders 
how they could have been raised to their places. 
(//. tX. xxxvi. I I. s. 21.) When an intcrcolum- 
niation was of the kind called araeoatyle, that is, 
when the columns were more than three diameters 
apart, the epistylium was necessarily made of wood 
instead of stone (Vitniv. iii. 2. s. 3. S ■">. ed. Schn.) ; 
n construction exemplified by the restoration in the 
annexed woodcut (Pompeii, vo). i. p. 143) of the 
Doric portico, which surrounds three sides of the 



Forum at Pompeii. The holes seen at the back 
of the frieze received the beams which supported 
an upper gallery. 




The word is sometimes also used for the whole 
of the entablature. [P. S.] 

EPITA'PIIII'M. [Fdnus.] 
EPITHALAHIUM. [Matrimonidm.] 
EPITI'MIA (iirnipAa.). [Atimia.] 
EPITRIERARCHE 1 M A TO S DIKE (^it P1 - 

T)papxW OTUI Wmj). [TR1XRARCHIA.] 

BPITROPES GRAPIIE (4wirp Tn l s 7pa<p7j). 
[Epitropus.] 

EPI TBOPUS (Mrpoiros), which signifies 
literally a person to whom any thing is given in 
charge (Dcm. c AjMj. i. p. 111!*. 18), occurs, how- 
ever, much more frequently in the sense of a guar- 
dian of orphan children. Of such guardians there 
were at Athens three kinds : first, those appointed 
in the will of the deceased father ; secondly, the 
next of kin, whom the law designated as tutores 
legithni in default of such appointment, and who 
required the authorization of the archon to enable 
them to act ; and lastly, such persons as the archon 
selected if there were no next of kin living to un- 
dertake the office. The duties of the guardian 
comprehended the education, maintenance, and 
protection of the ward, the assertion of his rights, 
and the safe custody and profitable disposition of 
his inheritance during his minority, besides making 
a proper provision for the widow if she remained 
in the house of her late husband. In accordance 
with these, the guardian was bound to appear in 
court in all actions in behalf of or against his ward, 
and give in an account of the taxable capital 
(Ti/i-nfia) when an tioipopd (the only impost to 
which orphans were liable) was levied, and ninko 
the proportionate payment in the minor's name. 
With reference to the disposition of the property, 
two courses were open to the guardian to pursue, 
if the deceased had left no will, or no specific 
directions as to its management, viz., to keep it in 
his own hands and employ it as he best could for 
the benefit of the minor (SioiKfiV), or let it out to 
farm to the highest bidder (puaBovv rhv oIkov). 
In the former case it seems probable (l)ein. r. 
Onetor. i. p. 86.5. 17) that a constant control of 
the guardian's proceeding* might he exercised la- 
the archon ; and a *|n > m law ordained that all 
monej belonging to a minor should be vested in 
n M 3 



470 



EPOBELIA. 



EPULONES. 



mortgages, and upon no account be lent out upon 
the more lucrative but hazardous security of bot- 
tomry. (Suidas, s. v. "Eyyeiov.) 

To insure the performance of these duties the 
law permitted any free citizen to institute a public 
action, as, for instance, an apagoge or eisangelia 
against a guardian who maltreated his ward 
(Kaicciaeios op(pauov\ or a ypacpfy ^TriTpoirrjs for 
neglect or injury of his person or property ; and the 
punishment, upon conviction, depended entirely 
upon the greater or less severity of the dicasts. 
(Meier, Alt. Proc. p. 294.) If the guardian pre- 
ferred that the estate should be farmed, the regular 
method of accomplishing this was by making an 
application to the archon, who thereupon let the 
inheritance to the highest bidder, and took care 
that the farmer should hypothecate a sufficient 
piece of ground or other real property to guarantee 
the fulfilment of the contract (awoTi^rifia.). In 
some cases the guardian might be compelled to 
adopt this course or be punished, if the lease were 
irregularly or fraudulently made, by a phasis, 
which, upon this occasion, might be instituted by 
any free citizen. The guardianship expired when 
the ward had attained his eighteenth year, and if 
the estate had been leased out, the farmer paid in 
the market-place the capital he had received to 
trade with, and the interest that had accrued 
(Dem. c. Aphob. i. 832. 1) ; if, however, the in- 
heritance had been managed by the guardian, it 
was from him that the heir received his property 
and the account of his disbursements during the 
minority. In case the accounts were unsatisfactory, 
the heir might institute an action eViTpoTrf/s against 
his late guardian ; this, however, was a mere pri- 
vate lawsuit, in which the damages and epobelia 
only could be lost by the defendant, to the latter 
of which the plaintiff was equally liable upon fail- 
ing to obtain the votes of a fifth of the dicasts. 
This action was barred by the lapse of five years 
from the termination of the guardianship ; and, if 
the defendant in it died before that time, an action 
(}\a€ris would lie against his representatives to re- 
cover what was claimed from his estate. (Meier, 
Atl. Proc. p. 444, &c.) [J. S. M.] 

EPOBE'LIA (iira>§e\(a), as its etymology im- 
plies, at the rate of one obolus for a drachma, or 
one in six, was payable on the assessment (ti'/utj^o) 
of several private causes, and sometimes in a case 
of phasis, by the litigant that failed to obtain the 
votes of one-fifth of the dicasts. (Dem. c. Aphob. 
p. 834. 25, c. Euerg. et Mnesib. p. 11.58. 20.) It 
is not, however, quite certain that such was in- 
variably the case when the defeated suitor was the 
defendant in the cause (Meier, Att. Proc. p. 730) ; 
though in two great classes, namely, cross suits 
(avriypcupal), and those in which a preliminary 
question as to the admissibility of the original 
cause of action was raised (napaypacpai), it may be 
confidently asserted. As the object of the regula- 
tion was to inflict a penalty upon litigiousness, 
and reimburse the person that was causelessly at- 
tacked for his trouble and anxiety, the fine was 
paid to the successful suitor in private causes, and 
those cases of phasis in which a private citizen was 
the party immediately aggrieved. In public ac- 
cusations, in general, a fine of a thousand drachmae, 
payable to the public treasury, or a complete or 
partial disfranchisement, supplied the place of the 
epobelia as a punishment for frivolous prosecu- 
tions. [J. S. M.] 



EPO'MIS (eVayii's). [Tunica.] 

EPO'NIA (<f-nw£a). [Telos.] 

EPO'NYMUS (i-Kc!>vvjju>s), having or giving a 
name, was the surname of the first of the nine 
archons at Athens, because his name, like that of 
the consuls at Rome, was used in public records to 
mark the year [Archon]. The expression iird- 
vv/j.01 tuv T)KmiS>v, whose number is stated by 
Suidas, the Etymologicum Magn., and other gram- 
marians, to have been forty, likewise applies to the 
chief-archon of Athens. Every Athenian had to 
serve in the army from his 19th to his 60th year, 
i. a. during the archonship of forty archons. Now 
as an army generally consisted of men from the 
age of 18 to that of 60, the forty archons under 
whom they had been enlisted, were called £tt<!>vv- 
p.oi rwv jjAiKiav, in order to distinguish them from 
the zitavvixoi ruv <pv\uv. (Compare Demosth. ap. 
Harpocrat. s. v. 'Eivdivv/xot, and Bekker, Anecdota, 
p. 245.) At Sparta the first of the five ephors 
gave his name to the year, and was therefore called 
e<popos iiriivvfios. (Paus. iii. 11. § 2.) 

It was a very prevalent tendency among the 
ancients in general to refer the origin of their in- 
stitutions to some ancient or fabulous hero (apxn- 
yerr)s, Demosth. e. Macart. p. 1072), from whom, 
in most cases, the institution was also believed to 
have derived its name, so that the hero became its 
"PX 1 )7 6T 1 y iirdmifios. In later times new institu- 
tions were often named after ancient heroes, on 
account of some fabulous or legendary connection 
which was thought to exist between them and the 
new institutions, and the heroes thus became, as it 
were, their patrons or tutelary deities. A striking 
instance of this custom are the names of the ten 
Attic tribes instituted by Cleisthenes, all of which 
were named after some national hero. (Demosth. 
Epitaph, p. 1397, &c. ; Paus. i. 5.) These ten 
heroes who were at Athens, generally called the 
ewavvfioi, or iiruvvfioi raiv <pv\uv, were honoured 
with statues, which stood in the Ceramicus, near 
the Tholos. (Paus. i. 5. § 1 ; Suidas and Etymol. 
Magn. s. v. "Ewwvv/j.oi.) If an Athenian citizen 
wished to make proposals for a new law, he ex- 
hibited them for public inspection in front of these 
statues of the eiruvvp.01, whence the expressions 
iKdfivai irpdaBsv twv iwaii/v/xaji'^ or 7rpos tovs 4ttw- 
vvfiovs. (Aeschin. c. Ctesiph. p. 59, ed Steph. ; Wolf, 
Proleg. ad Demosth. Leptin. p. 133.) [L. S.] 

EPOPTAE (e'TToVrai). [Eleusinia.] 

EPULO'NES, who were originally three in 
number (Triumviri Epulones), were first created 
in b. c. 1 96, to attend to the Epulum Jovis 
(Valer. Max. ii. 1. § 2 ; Liv. xxxi. 4 ; Gell. xii. 
8), and the banquets given in honour of the other 
gods ; which duty had originally belonged to the 
Pontifices. (Liv. xxxiii. 42 ; Cic. De Orat. iii. 
19, De Harusp. Respons. 10 ; Festus, s. v. Epo- 
lonos.) Their number was afterwards increased 
to seven (Gell. i. 12 ; Lucan, i. 602), and they 
were called Septemviri Epulones or Septemviri 
Epulonum ; under which names they are frequently 
mentioned in inscriptions. (Orelli, Inscrip. No. 
590, 773, 2259, 2260, 2365.) Julius Caesar 
added three more (Dion Cass, xliii. 51), but after 
his time the number appears to have been again 
limited to seven. 

The Epulones formed a collegium, and were one 
of the four great religious corporations at Rome ; 
the other three were those of the Pontifices, Au- 
gures, and Quindecemviri. (Dion Cass. liii. 1, 



EQUITES. 

lviii. ] 2 ; Plin. Ep. x. 3 ; Walter, Gcschichte des 
Horn. Rechts, § 141, 2d ed.) 

E'PULUM JOVIS. [Epulones.] 
EQUI'RIA, horse-races, which are said to 
have been instituted by Romulus in honour of 
Mars, and were celebrated in the Campus Martius. 
(Festus, s. v. ; Varro, Ling. Lat. vi. 13, Mul'er.) 
There were two festivals of this name ; of which 
one was celebmted a. d. III. Cal. Mart., and the 
other prid. Id. Mart (Ovid, Fast. ii. 8.59, iii. 
519.) If the Campus Martius was overflowed by 
the Tiber, the races took place on a part of the 
Mons Coelius, which was called from that circum- 
stance the Martialis Campus. (Festus, s. v. Mart. 
Campus.) 

E'QUITES. The Roman Equites wore oriein- 
ally the horse-soldiers of the Roman state, and did 
not form a distinct class or ordo in the common- 
wealth till the time of the Gracchi. Their insti- 
tution is attributed to Romulus, who caused 300 
equites, divided into three centuries, to be elected 
by the curiae. Each of the old Roman tribes, the 
Ramnes, Tiiies, and Luceres was represented by 
100 equites, and consequently each of the 30 
curiae by 10 equites ; and each of the three cen- 
turies bore the name of the tribe which it repre- 
sented. The three centuries were divided into 1 
turmae, each consisting of 30 men ; every turma 
contained 10 Ramnes, 10 Tities, and 10 Luceres ; 
and each of these decuries was commanded by a 
deevrio. The whole body likewise bore the name 
of Celeres, who are erroneously regarded by some 
writers simply as the body-guard of the king. 
The commander of the 300 equites was called 
Trihunus Celerum. (Dionys. ii. 13 ; Varr. L. L. v. 
91, ed. Miiller ; Plin. //. A', xxxiii. 9 ; Festus, 
s. v. Celeres; Liv. i. 13, 15.) [Celeres.] 

To the three hundred eqaites of Romulus, ten 
Alban turmae were added by Tullus Hostilius. 
(Liv. i. 30.) There were consequently now 600 
equites ; but as the number of centuries was not 
increased, each of these centuries contained 200 
men. Tarquinius Priscus, according to Livy (i. 
36), wi»hed to establish some new centuries of 
horsemen, and to call thorn by his own name, but 
gave up his intention in consequence of the opposi- 
tion of the augur Attu3 Navius, and only doubled 
the number of the centuries. The three centuries 
which he added were called the Ramnes, Titienses, 
and Luceres I'nsteriores. The number ought there- 
fore now to be 1200 in all, which number is given 
in many editions of Livy (I.e.), but is not found in 
any manuscript. The number in the manuscripts 
is different, but some of the best manuscripts have 
11100, which has been adopted by most modern 
editors. This number, however, is opposed to 
Livy's previous account, and cannot be supported 
by the statement of Plutarch (Worn. 20), that after 
the union with the Babincs, the equites were in- 
creased to 600 ; because the original 300 are spoken 
of an the representatives of the three tribes ; where- 
ns, according to Plutarch's account, the original 300 
ought only to re present the Ramnes. If therefore 
we adopt Livy's account thnt there were originally 
300 equites, that these were incre ased to 600 by 
Tullus Hostilius, and that the 600 wi re double d 
by Tarquinius Prisms, there wen 1 1200 in tin- 
time of the last-mentioned king, being divided into 
three centuries of Ramnes, Tities, and Lurrrrs, each 
century containing 200 priorts and 200 pos- 
teriore.s. 



EQUITES. 471 
The complete organization of the equites Livy 
(i. 43) attributes to Servius Tullius. He says that 
this king formed (scripsit) 12 centuries of equites 
from the leading men of the state (ex primoribus 
civitatis) ; and that he also made six centuries out 
of the three established by Romulus. Thus, there 
were now 18 centuries. As each of the 12 new 
centuries probably contained the same number as 
the six old centuries, if the latter contained 1200 
men, the former would have contained 2400, and 
the whole number of the equites would have been 
3600. 

The account, however, which Cicero (De Hep. 
ii. 20) gives is quite different. He attributes the 
complete organization of the equites to Tarquinius 
Priscus. He agrees with Livy in saying that Tar- 
quinius Priscus increased the number of the Ram- 
nes, Titienses, and Luceres, by adding new cen- 
turies under the name of Ramnes, Titienses, and 
Luceres secundi (not, however, posteriores, as Livy 
suites ; compare Festus s. v. Sex Vestae) ; but he 
differs from him in stating, that this king also 
doubled their number after the conquest of the 
Acqui. Scipio, who is represented by Cicero as 
giving this account, also says that the arrangement 
of the equites, which was made by Tarquinius 
Priscus, continued unchanged to his day (B.C. 
129). The account, which Cicero gave of the 
equites in the constitution of Servius Tullius, is 
unfortunately lost, and the only words which re- 
main are duwlerir/inti censu maxima ; but it is diffi- 
cult to conceive in what way he represented the 
division of the 18 centuries in the Servian consti- 
tution, after he had expressly said that the orga- 
nization of the body by Tarquinius Priscus had 
continued unchanged to the time of Scipio. The 
number of equites in this passage of Cicero is open 
to much doubt and dispute. Scipio states, accord- 
ing to the reading adopted in all editions of the 
" Dc Republica," that Tarquinius Priscus increased 
the original number of the equites to 1200, and 
that In- subsequently doubled this number after 
the conquest of the Aeqni ; which account would 
make the whole number 2400, which number 
cannot be correct, since if 2-100 be divided by 18 
(the number of the centuries), the quotient is 
not a complete number. The MS., however, has 
OO ACCC, which is interpreted to mean mille 00 
dueentos ; but instead of this, Zumpt (L'eher die 
Riimischen Hitter und den Hitters/and in Horn, 
Berlin, 1840) proposes to readCODCCC, 1800, 
justly remarking, that such a use of ac never occurs 
in Cicero. This reading would make the number, 
when doubled, 3600, which agrees with Livy's view, 
and which appears to have been the regular number 
of equites in the flourishing times of the republic. 

Iloth Livy and Cicero agree in stating that each 
of the equites received a horse from the state 
(es/itus puUieus), or money to purchase one, ns well 
as a sum of money for its annual support ; and that 
the expense of its support was defrayed by the 
orphan* and unmarrird females ; nince, says Nie- 
bllhr (Hint, qf Hume, vol. i. p. 461), " in a military 
state it could not be esteemed unjust, that the 
women and the children wi re to contribute largely 
for those who fought ill behalf of them and of the 
commonwealth." According to Gains (iv. 27) the 
purchase-money for a knight'.* horse was called aei 
n/aentre, and its anni al provision art hnnleurium. 
| Ar.H lloiinKAUMM. | The former amounted, ac- 
cording to Livy (L 43), to 10,1100 asses, and the 
H ll 4 



472 EQUITES. 

latter to 2000 : tut these sums are so large as to 
be almost incredible, especially when we take into 
account that 126 years afterwards a sheep was only 
reckoned at 10, and an ox at 100 asses in the 
tables of penalties. (Gell. xi. 1.) The correctness 
of these numbers has accordingly been questioned 
by some modern writers, while others have at- 
tempted to account for the largeness of the sum. 
Niebuhr (vol. i. p. 433) remarks that the sum was 
doubtless intended not only for the purchase of the 
horse, but also for its equipment, which would be 
incomplete without a groom or slave, who had to 
be bought and then to be mounted. Bb'ckh (Me- 
trolog. Untersuch. c. 29) supposes that the sums of 
money in the Servian census are not given in asses 
of a pound weight, but in the reduced asses of the 
first Punic war, when they were struck of the same 
weight as the sextans, that is, two ounces, or one- 
sixth of the original weight. [As.] Zumpt con- 
siders that 1000 asses of the old weight were 
given for the purchase of the horse, and 200 for its 
annual provision ; and that the original sum has 
been retained in a passage of Varro (equum publi- 
cum rnille ussariomm, L. L. viii. 71). 

All the equites, of whom we have been speak- 
ing, received a horse from the state, and were in- 
cluded in the 1 8 equestrian centuries of the Servian 
constitution ; but in course of time, we read of 
another class of equites in Roman history, who 
did not receive a horse from the state, and were 
not included in the 18 centuries. This latter class 
is first mentioned by Livy (v. 7) in his account 
of the siege of Veii, B.C. 403. He says that dur- 
ing the siege, when the Romans had at one time 
suffered great disasters, all those citizens who had 
an equestrian fortune, and no horse allotted to them 
( quibus census equester erat, equi publici non erant), 
volunteered to serve with their own horses ; and 
he adds, that from this time equites first began to 
serve with their own horses (turn prirnum equis 
merere equites coeperunt). The state paid them 
(certus numerus aeris est assignatus) as a kind of 
compensation for serving with their own horses. 
The foot soldiers had received pay a few years 
before (Liv. iv. 59) ; and two years afterwards, 
B. c. 401, the pay of the equites was made three- 
fold that of the infantry. (Liv. v. 12 ; see Niebuhr, 
vol. ii. p. 439.) 

From the year B. c. 403; there were therefore two 
classes of Roman knights : one who received horses 
from the state, and are therefore frequently called 
equites cquo publico (Cic. Phil. vi. 5), and sometimes 
Flexumines or Trossuli, the latterof which, according 
to Gbttling, is an Etruscan word (Plin. H.N. xxxiii. 
9 ; Festus, s. v. ; Gbttling, Gescli. der Rom. Staatsv. 
p. 372), and another class, who served, when 
they were required, with their own horses, but were 
not classed among the 18 centuries. As they served 
on horseback they were called equites ; and, when 
spoken of in opposition to cavalry, which did not 
consist of Roman citizens, they were also called 
equites Romani ; but they had no legal claim to 
the name of equites, since in ancient times this title 
was strictly confined to those who received horses 
from the state, as Pliny (H. N. xxxiii. 7) expressly 
says, " Equitum nomen subsistebat in turmis 
equorum publicorum." 

But here two questions arise. Why did the 
equites, who belonged to the eighteen centuries, 
receive a horse from the state, and the others not ? 
and how was a person admitted into each class re- 



EQUITES. 

spectively ? These questions have occasioned much 
controversy among modern writers, but the follow- 
ing account is perhaps the most satisfactory : — 

In the constitution of Servius Tullius all the 
Roman citizens were arranged in different classes 
according to the amount of their property, and it 
may therefore fairly be presumed that a place in 
the centuries of equites was determined by the 
same qualification. Dionysius (iv. 18) expressly 
says, that the equites were chosen by Servius out 
of the richest and most illustrious families ; and 
Cicero (De Rep. ii. 22) that they were of the 
highest census (censu rnaximo). Livy (i. 43) also 
states that the twelve centuries formed by Servius 
Tullius consisted of the leading men of the state. 
None of these writers, however, mention the pro- 
perty which was necessary to entitle a person to a 
place among the equites ; but it was probably of 
the same amount as in the latter times of the re- 
public, that is, four times that of the first class. 
Every one therefore who possessed the requisite 
property, and whose character was unblemished 
(for this latter qualification appears to have been 
always necessary in the ancient times of the re- 
public), was admitted among the equites of the 
Servian constitution ; and it may be presumed that 
the twelve new centuries were created in order to 
include all those persons in the state who possessed 
the necessary qualifications. Niebuhr (Hist, of 
Rome, vol. i. p. 427, &c.), however, supposes that 
the qualification of property was only necessary for 
admission into the twelve new centuries, and that 
the statement of Dionysius, quoted above, ought 
to be confined to these centuries, and not applied 
to the whole eighteen. He maintains that the 
twelve centuries consisted exclusively of plebeians ; 
and that the six old centuries (that is, the three 
double centuries of Ramnes, Tities and Luceres, 
priores and posteriores), which were incorporated 
by Servius into his comitia under the title of the 
sex suff'ragia, comprised all the patricians, inde- 
pendent of the amount of property which they 
possessed. This account, however, does not seem 
to rest on sufficient evidence ; and we have, on the 
contrary, an express instance of a patrician, L. Tar- 
quitius, B. c. 458, who was compelled on account 
of his poverty to serve on foot. (Liv. iii. 27.) 
That the six old centuries consisted entirely of 
patricians is most probable, since the plebeians 
would certainly not have been admitted among the 
equites at all till the Servian constitution ; and as 
by this constitution new centuries were created, it 
is not likely that any plebeians would have been 
placed among the ancient six. But we have no 
reason for supposing that these six centuries con- 
tained the whole body of patricians, or that the 
twelve consisted entirely of plebeians. We may 
suppose that those patricians, who belonged to the 
six, were allowed by the Servian constitution to 
continue in them, if they possessed the requisite 
property ; and that all other persons in the state, 
whether patricians or plebeians, who possessed the 
requisite property, were admitted into the 12 new 
centuries. That the latter were not confined to 
plebeians may be inferred from Livy, who says 
that they consisted of the leading men in the state 
(primores civitatis), not in the plebs. 

As vacancies occurred in the eighteen centuries, 
the descendants of those who were originally en- 
rolled succeeded to their places, whether plebeians 
or patricians, provided they had not dissipated 



EQUITES. 

their property ; for Niebuhr goes too far when he 
asserts that all vacancies were filled up according 
to birth, independent of any property qualification. 
But in course of time, as population and wealth in- 
creased, the number of persons, who possessed an 
equestrian fortune, also increased greatly ; and as 
the number of equites in the 18 centuries was 
limited, those persons, whose ancestors had not 
been enrolled in the centuries, could not receive 
horses from the state, and were therefore allowed 
the privilege of serving with their own horses 
amongst the cavalry, instead of the infantry, as 
they would otherwise have been obliged to have 
done. Thus arose the two distinct classes of 
equites, which have been already mentioned. 

The inspection of the equites who received 
horses from the state, belonged to the censors, who 
had the power of depriving an eques of his horse, 
and reducing him to the condition of an aerarian 
(Liv. xxiv. 43), and also of giving the vacant 
horse to the most distinguished of the equites 
who had previously served at their own expense. 
For these purposes they made during their censor- 
ship a public inspection, in the forum, of all the 
knights who possessed public horses (equitatum re- 
ctji/noscunl, Liv. xxxix. 44 ; equilitm crnturias re- 
cognoscunl, Valcr. Max. ii. 9. § 6). The tribes 
were taken in order, and each knight was sum- 
moned by name. Every one, as his name was 
called, walked past the censors, leading his horse. 
This ceremony is represented on the reverse of 
many Roman coins struck by the censors. A spe- 
cimen is annexed. 




If the censors had no fault to find either with 
the character of the knight or the equipments of 
his horse, they ordered him to pass on (traduc 
ei/uanu, Valer. Max. iv. 1. § 10) ; but if on the con- 
trary they considered him unworthy of his rank, 
they struck him out of the list of knights, and de- 
prived him of his horse ( Liv. xxxix. 44) or ordered 
him to sell it (Liv. xxix. 37 ; Valer. Max. ii. 9. 
§ 6), with the intention no doubt that the person 
thus degraded should refund to the state the 
money which had been advanced to him for its 
purchase. (Niebuhr, Hid. of Kami; vol. i. p. 43.'!.) 
At the same review, tho9e equites who had served 
the regular time, and wished to be discharged, were 
accustomed to give an account to the censors of the 
campaigns in which they hail served, and were 
then dismissed with honour or disgrace, ag they 
might have deserved. (Plat I'nmp. 22.) 

This review of the equites by the censors must 
not be confounded with the Equitum Tranmcctio, 
which was a solemn procession of the' body every 
year on the [del of Quintilil (July). The proces- 
»ion started from the temple of Mars outside the 
city, and passed through the city over the forum, 
and by the temple of the Dioscuri. On this occasion 
the equites were nlways crowned with olive chap- 
let*, and wore their state dress, the trahea, with 
all the honourable distinctions which they had 



EQUITES. 473 
gained in battle. (Dionvs. vi. 13.) According to 
Livy (ix. 46) this annual procession was first esta- 
blished by the censors Q. Fabius and P. Deeius, 
B.C. 304; but according to Dionysius (I.e.) it was 
instituted after the defeat of the Latins near the 
lake Regillus, of which an account was brought to 
Rome by the Dioscuri. 

It may be asked, how long did the knight retain 
his public horse, and a vote in the equestrian cen- 
tury to which he belonged ? On this subject we 
have no positive information ; but as those equites, 
who served with their own horses, were only ob- 
liged to serve for ten years (slijiendia, aTpartias) 
under the age of 46 (Polyb. vi. 19. § 2), we may 
presume that the same rule extended to those who 
served with the public horses, provided they wislicd 
to give up the service. For it is certain that in 
the ancient times of the republic a knight might 
retain his horse as long as he pleased, even after 
he had entered the senate, provided he continued 
able to discharge the duties of a knight. Thus the 
two censors, M. Livius Salinator and C. Claudius 
Nero, in u. c. 204, were also equites (Liv. xxix. 
37) ; and L. Scipio Asiaticus, who was deprived 
of his horse by the censors in B. c. 185 (Liv. xxxix. 
44), had himself been censor in B. c. 191. This is 
also proved by a fragment in the fourth book (c. 2) 
of Cicero's " De Republica," in which he says, 
equitutus, in quo suffraijia sunt ciiam senutus ; by 
which he evidently means, that most of the senators 
were enabled to vote at the Comitia Centuriata in 
consequence of their belonging to the equestrian 
centuries. But during the later times of the re- 
public the knights were obliged to give up their 
horses on entering the senate, and consequently 
ceased to belong to the equestrian centuries. This 
regulation is alluded to in the fragment of Cicero 
already referred to, in which Scipio says that many 
persons were anxious that a plcbiscitum should be 
passed, ordaining that the public horses should be 
restored to the state, which decree was in all pro- 
bability passed afterwards ; since, as Niebuhr ob- 
serves (vol. i. p. 433, note 1016), "when Cicero 
makes Scipio speak of any measure as intended, 
we are to suppose that it had actually taken place, 
but, according to the information possessed by Cicero, 
was later than the date he assigns to Scipio* dis- 
course." That the greater number of the equites 
equo publico, after the exclusion of senators from 
the equestrian centuries, were young men, is proved 
by a passage in the work of Q. Cicero, De PetUiont 
Consulntus (c 8). 

The equestrian centuries, of which we have 
hitherto been treating, were only regarded as a 
division of the army ; they did not form a distinct 
class or ordo in the constitution. The community, 
in a political point of view, was only divided into 
patricians and plebeians ; and the- equestrian cen- 
turies were composrd of both. But in the year 
B. c. 1 23, a new class, called the Ordo Equcslris, 
was formed in the state by the Lex .Scmpronia, 
which was introduced by C. Gracchus. By this 
law all the judiccs had to be chosen from those 
citizens who possessed on equestrian fortune. 
(Plot C.GraaA.6 Appian, Dt lull. Civ. i. 22 ; 

Tnc. Ann. xiL 60.) H'e know very little respecting 
the provisions of this law ; but it appears from the 
Lex Sen ili.i repetundnnim, passed eighteen years 
afterwards, that even - person who wns to be chosen 
judex wns required to be above thirty awl undersixty 
years of age, to have cither nn cquus publicus or to 



474 EQUITES. 

be qualified by his fortune to possess one, and not 
to be a senator. The number of judices, who were 
required yearly, was chosen from this class by the 
praetor urbanus. (Klenze, Lex Servilia, Berl. 1 825.) 

As the name of equites had been originally ex- 
tended from those who possessed the public horses 
to those who served with their own horses, it now 
came to be applied to all those persons who were 
qualified by their fortune to act as judices, in which 
sense the word is usually used by Cicero. Pliny 
{H.N. xxxiii. 7) indeed says that those persons 
who possessed the equestrian fortune, but did not 
serve as equites, were only called judices, and that 
the name of equites was always confined to the 
possessors of the equi publici. This may have 
been the correct use of the term ; but custom soon 
gave the name of equites to the judices chosen in 
accordance with the Lex Sempronia. 

After the reform of Sulla, which entirely de- 
prived the equestrian order of the right of being 
chosen as judices, and the passing of the Lex Au- 
relia (b. c. 70), which ordained that the judices 
should be chosen from the senators, equites, and 
tribuni aerarii, the influence of the order, says 
Pliny, was still maintained by the publicani (Plin. 
H. N. xxxiii. 8), or farmers of the public taxes. We 
find that the publicani were almost always called 
equites, not because any particular rank was neces- 
sary in order to obtain from the state the farming 
of the taxes, but because the state naturally 
would not let them to any one who did not possess 
a considerable fortune. Thus the publicani are 
frequently spoken of by Cicero as identical with 
the equestrian order (Ad Att. ii. 1. § 8). [Ptjb- 
licani.] The consulship of Cicero and the active 
part which the knights then took in suppressing 
the conspiracy of Catiline, tended still further to 
increase the power and influence of the equestrian 
order ; and " from that time," says Pliny (I. c), 
" it became a third body (corpus) in the state, and, 
to the title of Senatus Populusque Romanus, there 
began to be added Et Equestris Ordo." 

In b. c. 63, a distinction was conferred upon 
them, which tended to separate them still further 
from the plebs. By the Lex Roscia Othonis, 
passed in that year, the first fourteen seats in the 
theatre behind the orchestra were given to the 
equites (Liv. Epit. 99) ; which, according to Cicero 
(pro Mur. 19) and Velleius Paterculus (ii. 32), 
was only a restoration of an ancient privilege ; 
which is alluded to by Livy (i. 35), when he says 
that special seats were set apart in the Circus 
Maximus for the senators and equites. They also 
possessed the right of wearing the Clavus Angus- 
tus [Clavus] ; and subsequently ohtained the 
privilege of wearing a gold ring, which was origi- 
nally confined to the equites equo publico. 

The number of equites increased greatly under 
the early emperors, and all persons were admitted 
into the order, provided they possessed the requisite 
property, without any inquiry into their character 
or into the free birth of their father and grand- 
father, which had always been required by the 
censors under the republic. Property became now 
the only qualification ; and the order in conse- 
quence gradually began to lose all the consideration 
which it had acquired during the later times of the 
republic. Thus Horace (Ep.i. 1. 58) says, with 
no small degree of contempt, — 

Si quadringentis sex septem milia desunt, 
Plebs eris. 



EQUITES. 

Augustus formed a select class of equites, con- 
sisting of those equites who possessed the property 
of a senator, and the old requirement of free birth 
up to the grandfather. He permitted this class to 
wear the latus clavus (Ovid. Trist. iv. 10. 35) ; 
and also allowed the tribunes of the plebs to be 
chosen from them, as well as the senators, and gave 
them the option at the termination of their office to 
remain in the senate or return to the equestrian 
order. (Suet. Aug. 40 ; Dion Cass. liv. 30.) This 
class of knights was distinguished by the special 
title illustres (sometimes insignes and splendidi) 
equites Romani. (Tacit. Ann. xi. 4, with the note 
of Lipsius.) 

The formation of this distinct class tended to 
lower the others still more in public estimation. 
In the ninth year of the reign of Tiberius an at- 
tempt was made to improve the order by requiring 
the old qualifications of free birth up to the grand- 
father, and by strictly forbidding any one to wear 
the gold ring unless he possessed this qualification. 
This regulation, however, was of little avail, as the 
emperors frequently admitted freedmen into the 
equestrian order. (Plin. H. N. xxxiii. 8.) When 
private persons were no longer appointed judices, 
the necessity for a distinct class in the community, 
like the equestrian order, ceased entirely ; and the 
gold ring came at length to be worn by all free 
citizens. Even slaves, after their manumission, 
were allowed to wear it by special permission from 
the emperor, which appears to have been usually 
granted provided the patronus consented. (Dig. 40. 
tit. 10. s. 3.) [Annulus.] 

Having thus traced the history of the equestrian 
order to its final extinction as a distinct class in 
the community, we must now return to the equites 
equo publico, who formed the eighteen equestrian 
centuries. This class still existed during the latter 
years of the republic, but had entirely ceased to 
serve as horse-soldiers in the army. The cavalry 
of the Roman legions no longer consisted, as in the 
time of Polybius, of Roman equites, but their place 
was supplied by the cavalry of the allied states. 
It is evident that Caesar in his Gallic wars 
possessed no Roman cavalry. (Caes. Bell. Gall. 
i. 15.) When he went to an interview with 
Ariovistus, and was obliged to take cavalry with 
him, we are told that he did not dare to trust his 
safety to the Gallic cavalry, and therefore mounted 
his legionary soldiers upon their horses. (Id. i. 42.) 
The Roman equites are, however, frequently men- 
tioned in the Gallic and civil wars, but never as 
common soldiers ; they were officers attached to the 
staff of the general, or commanded the cavalry of 
the allies, or sometimes the legions. (Id. vii. 70 ; 
Bell. Civ. i. 77, iii. 71, &c.) 

After the year b. c. 50, there were no censors in 
the state, and it would therefore follow that for some 
years no review of the body took place, and that 
the vacancies were not filled up. When Augustus 
however took upon himself, in B. c. 2.9, the prae- 
fectura morum, he frequently reviewed the troops 
of equites, and restored, according to Suetonius 
(Aug. 38), the long-neglected custom of the solemn 
procession (transvectio) ; by which we are probably 
to understand that Augustus connected the review 
of the knights (recognitio) with the annual proces- 
sion (transvectio) of the 15th of July. From this 
time these equites formed an honourable corps, 
from which all the higher officers in the army 
[(Suet. Aug. 38, Claud. 25) and the chief magis- 



ERANI. 

trates in the state were chosen. Admission into 
this body was equivalent to an introduction into 
public life, and was therefore esteemed a great pri- 
vilege ; whence we find it recorded in inscriptions 
that such a person was erjuo publico honoralus, 
exornatus, &c. by the emperor. (Orelli, Inscrip. 
No. 34.57, 313, 1229.) If a young man was not 
admitted into this body, he was excluded from all 
civil offices of any importance, except in municipal 
towns ; and also from all rank in the army, with 
the exception of centurion. 

All those equites who were not employed in 
actual service were obliged to reside at Rome 
(Dion Cass. lix. 9), where they were allowed to 
fill the lower magistracies, which entitled a person 
to admission into the senate. They were divided 
into six turmae, each of which was commanded by 
an officer, who is frequently mentioned in inscrip- 
tions as Sevir equitum Rom. turmae L IL &c, or 
commonly Sevir turmae or Sevir turmarum er/uitum 
/{omanorum. From the time that the equites be- 
stowed the title of principes juvenlutis upon Caius 
and Lucius Caesar, the grandsons of Augustus 
(Tacit Ann. i. 3 ; Monum. Ancyr.), it became the 
custom to confer this title, as well as that of Sevir, 
upon the probable successor to the throne, when 
he first entered into public life and was presented 
with an equus publicus. (Capitol. M. Anton. J J /til. 
6 ; Lamprid. Common". 1.) 

The practice of filling all the higher offices in 
the state from these equites appears to have con- 
tinued as long as Rome was the centre of the 
government and the residence of the emperor. 
They are mentioned in the time of Severus ( Gra- 
ter, Inscrip. p. 1001. 5 ; Papinian, in Dig. 29. tit. 
1. s. 43), and of Caracalla (Grater, p. 379. 7) ; and 
perhaps later. After the time of Diocletian, the 
equites became only a city guard, under the com 
mand of the Pracfectus Vigilum ; but they still re- 
tained in the time of Valentinianus and Valens, 
A. D. 364, the second rank in the city, and were 
not subject to corporal punishment. (Cod. Theodos. 
6. tit. 36.) Respecting the Magister Eouilum, see 
Dictator. 

(Zumpt, L'tbcr die Romischen Hitler und den 
Ilittrrstand in /{om, Berlin, 11(40 ; Marquardt, 
Hixtoriue E'/uitum Romnnorum libri IV. Berlin, 
1840; Madvig, lie Loco (,'iccronis in lili.'w. d< j 
Rrpuhlim, in Opusi-ula, vol. i. p. 72, &c. ; Becker 
Ilnndhuck der Romischen Alterth'umer, vol. ii. 
part i. p. 23.7, &c.) 

KQ.UULEUS or F.CULF.US, an instrument of 
torture, which is supposed to have been so called 
because it was in the form of a horse. We have 
no description of its form given by any of the an- 
cient writers, but it appears not to have differed 
greatly from the crux. (Cic. Pro Mil. 21, com- 
pared with cvrta crux, c. 22.) It appears to have 
been commonly used at Rome in taking the evi- 
dence of slaves. (Sec Sigoniiis, I)e Jwliciis, 
iii. 17 ; Magius, iJe Eauu/eo, in Salengrc's AW 
HmMT, Ant. Horn. vol. ii. p. 1211, tic.) 

KQfir.S OCTOBKR. (Pai.ima.J 

K'RANI (tpavot), wi re clubs or societies, estab- 
lished for charitable or convivial purposes, or for 
both. They were very common nt Athens, and 
suited the temper of the people, who wen? both 
social and generous. The term tpavot, in the 
sense of a convivial party, is of ancient date. 
(Horn. Od. i. 221!.) It resembled "iir picnics, or 
the German /«*«•« •*.«, and was also called ot i-xvov 



ERAXI. 475 
a-xb (Tirvpitios or curb avuSoKwy; where every guest 
brought his own dish, or (to save trouble) one was 
deputed to cater for the rest, and was afterwards 
repaid by contributions. [Coena, p. 304, b.] The 
clubs that were formed at Athens used to dine to- 
gether at stated periods, as once a month ; and 
every member was bound to pay his subscription, 
which (as well as the society itself ) was called 
epaeos, and the members ipavia-rai. If any mem- 
ber failed to pay, the sum was made up by the 
president, ipavajxns, also called ttAtjpwttjs ipavov, 
who afterwards recovered it, if he could, from the 
defaulter. Tl\i)povv tpavov often means simply, to 
pay the subscription, as Aci'-reii/ or €K\e'nrttv, to 
make default. (Dem. c. Apliob. p. 821, c. Mid. 
p. 547, c. Arislof/. p. 776.) 

There were also associations under this name, 
for the purpose of mutual relief, resembling in 
some degree our friendly or benefit societies ; but 
with this essential difference, that the relief which 
they afforded was not (as it is with us) based upon 
any calculation of natural contingencies, but was 
given pro re nata, to such poor members as stood 
in need of it. The Athenian societies do not ap- 
pear to have kept up a common fund by regular 
subscriptions, though it is probable that the sum 
which each member was expected to advance, in 
case of need, was pretty well understood. If a 
man was reduced to poverty, or in distress for 
money for any cause, he applied to the members 
of his club for assistance ; this was called av\- 
Keyav tpavov : those who advanced it were said 
ipav'^etv airrip : the relief was considered as a 
loan, repayable by the borrower when in better 
circumstances. Isacus (JJa Hayn. Ilcrcd. p. 294) 
reckons among the assets of a person, i£ Ipavwv 
i<pe\TitiaTa (Icnrcirpayiifya, from which we may 
infer, that each contributor was entitled to recover 
the sum he had lent. For the recovery of such 
loan?, and for the decision of other disputes, there 
were ipaviKaX Si'koi, in which a summary and 
equitable kind of justice was administered. Plato 
{Leg. xi. p. 915) disapproved of lawsuits in such 
matters, and would not allow them in his republic. 

Salmasius contends that wherever the term 
(pavos is applied to an established society, it means 
only a convivial club, and that there were no re- 
gular associations for the purposes of charity ; but 
others have held a different opinion. (See Salmas. 
De L'suris, c. 3, Obs. ail Jus Alt. et Horn, and 
Herald. Animadv. in Salman., referred to in Meier's 
Alt. /'roc. p. 540.) It is not probable that many 
permanent societies were formed with the sole 
view of feasting. We know that at Athens, as 
well as in the other Grecian republics, there were 
clubs for various purposes, political as well as 
social : the members of which would nnturally 
meet, and dine together nt certain periods. Such 
were the religious companies (3i'o<toi), the commer- 
cial (ifnropiKoi), and seine others. (I link h, I'ol. 
Eon. of Athens, p. 245, 2nd ed.) Unions of this 
kind were called by the ei neral name of iraip'tai, 
and were often converted to mischievous ends, 
such as briber) - , overawing the public assembly, 
or influencing courts of justice. (Time. iii. 82 ; 
Dem. I)c Conm. p. 329 ; Thirlwall, (Ir.IIist, vol. 
iv. p. 36.) In the days of the Roman empire 
friendly societies under the name of tpavoi, were 
frequent nmong the Greek cities, but were looked 
on with suspicion by the em|n'rors ns leading to 
political combinations. (Plin. Ep. X, 93, 94.) Tho 



476 



ESSEDA. 



EVICTIO. 



gilds, or fraternities for mutual aid, among the an- 
cient Saxons, resembled the Zpavoi of the Greeks. 
(Turner's Hist, of the Anglo-Saxons, iv. 10.) Com- 
pare also the ayaitai, or love-feasts of the early 
Christians. 

The word epavos is often used metaphorically, to 
signify any contributions or friendly advance of 
money. [C. R. K.] 

ERGA'STULUM was a private prison attached 
to most Roman farms, called career rusticus by 
Juvenal (xiv. 24), where the slaves were made to 
work in chains. It appears to have been usually 
under ground, and according to Columella (i. 6) 
ought to be lighted by narrow windows, which 
should be too high from the ground to be touched 
by the hand. The slaves confined in an ergastu- 
lum were also employed to cultivate the fields in 
chains. (Plin. H. N. xviii. 7. §4 ; Flor. iii. 19.) 
Slaves who had displeased their masters were 
punished by imprisonment in the ergastulum ; and 
in the same place all slaves who could not be de- 
pended upon or were barbarous in their habits, were 
regularly kept. A trustworthy slave had the care 
of the ergastulum, and was therefore called ergastula- 
rius. (Colum. i. 8.) According to Plutarch (Tib. 
Gracch. 8), these prisons arose in consequence of 
the conquest of Italy by the Romans, and the 
great number of barbarous slaves who were em- 
ployed to cultivate the conquered lands. In the 
time of Hadrian and Antoninus, many enactments 
were made to ameliorate the condition of slaves ; 
and among other salutary measures, Hadrian abo- 
lished the ergastula, which must have been liable 
to great abuse in the hands of tyrannical masters. | 
(Spart. Hadrian, 18, compared with Gaius, i. S3.) 
For further information on the subject, see Bris- 
sonius, Antiq. Select, ii. 9 ; Lipsius, Elect, ii. 15, 
Opera, vol. i. p. 317, &c. ; Gottling, Gesch. der 
Rom. Staatsv. p. 135. 

ERI'CIUS, a military engine full of sharp 
spikes, which was placed by the gate of the camp 
to prevent the approach of the enemy. (Caes. 
B. C. iii. 67 ; Sallust, apud Non. xviii. 1 6 ; Lipsius, 
Poliorcet. v. 4.) 

EROGA'TIO. [Aquaeductus, p. 115, a.] 
ERO'TIA or EROTI'DIA (ipdrta or iparl- 
810), the most solemn of all the festivals celebrated 
in the Boeotian town of Thespiae. It took place 
every fifth year, and in honour of Eros, the prin- 
cipal divinity of the Thespians. Respecting the 
particulars nothing is known, except that it was 
solemnised with contests in music and gymnastics. 
(Plut. Amat. 1 ; Paus. ix. 31. § 3 ; Athen. xiii. 
p. 561.) The worship of Eros seems to have been 
established at Thespiae from the earliest times ; 
and the ancient symbolic representation of the god, 
a rude stone (apybs \l6os), continued to be looked 
upon with particular reverence even when sculp- 
ture had attained the highest degree of perfection 
among the Greeks. (Paus. ix. 27. § 1 ; compare 
Schol. ad Pind. Olymp. vii. ] 54 ; Ritschl, in the 
Rhein. Mus. vol. ii. p. 106.) [L. S.] 

ERRHEPHO'RIA or ERSEPHO'RIA (ip- 
f>n)(p6pia or iparicpopia.) [Arrephoria.] 
ESCHARA (eo-xapa). [Focus.] 
E'SSEDA or E'SSEDUM (from the Celtic 
Ess, a carriage, Ginzrot, vol. i. p. 377), the name 
of a chariot used, especially in war, by the Britons, 
the Gauls and Belgae (Virg. Georg. iii. 204 ; Ser- 
vius, ad loc.) • and also by the Germans (Pers. vi. 
47). 



According to the account given by Caesar (Dell. 
Gall. iv. 33), and agreeably to the remarks of Dio- 
dorus Siculus (v. 21, 29), the method of using the 
essedum in the ancient British army was very 
similar to the practice of the Greeks in the heroic 
ages, as described by Homer, and in the article 
Currus. The principal difference seems to have 
been that the essedum was stronger and more 
ponderous than the S'uppos, that it was open before 
instead of behind ; and that in consequence of 
these circumstances and the width of the pole, the 
owner was able, whenever he pleased, to run 
along the pole (de temone Britanno excidet, Juv. iv. 
125), and even to raise himself upon the yoke, 
and then to retreat with the greatest speed into 
the body of the car, which he drove with extra- 
ordinary swiftness and skill. From the extremity 
of the pole, he threw his missiles, especially the 
cateia (Val. Flacc. Argon, vi. 83). It appears 
also that these cars were purposely made as noisy 
as possible, probably by the creaking and clanging 
of the wheels (strcpitu rotarum, Caes. 1. c. ; com- 
pare Tacit. Agric. 35 ; Esseda multisonora, Claud. 
Epig. iv.) ; and that this was done in order to 
strike dismay into the enemy. The formidable 
British warriors who drove these chariots, the 
" car-borne " of Ossian, were called in Latin 
Essedarii. (Caes. B. G. iv. 24 ; Cic. ad Fam. vii. 
6.) There were about 4000 of them in the army 
of Cassibelaunus. (Caes. B.G. v. 19.) Having 
been captured, they were sometimes exhibited in 
the gladiatorial shows at Rome, and seem to have 
been great favourites with the people. (Sueton. 
Calig. 35, Claud. 21.) They must have held the 
highest rank in the armies of their own country ; 
and Tacitus (Agric. 12) observes that the driver of 
the car ranked above his fighting companion, 
which was the reverse of the Greek usage. 

The essedum was adopted for purposes of con- 
venience and luxury among the Romans. (Propert. 
ii. 1. 76 ; Cic. ad Att. vi. 1 ; Ovid. Am. ii. 16, 
49.) Cicero (Phil. ii. 24) mentions the use of it 
on one occasion by the tribune of the people as a 
piece of extravagance ; but in the time of Seneca, 
it seems to have been much more common ; for 
he (Epist. 57) reckons the sound of the " essedae 
transcurrentes " amonci' those noises which did not 
distract him. As used by the Romans, the esse- 
dum may have differed from the cisium in this ; 
that the cisium was drawn by one horse (see wood- 
cut, p. 288), the essedum always by a pair. The 
essedum, like the cisium, appears to have been 
kept for hire at the post-houses or stations (Salo- 
nem quinto essedo w'rfeJi's, Mart, x. 104.) [Mansio.] 
The essedum must have been similar to the Covi- 
nus, except that the latter had a cover. [J. Y.] 
ESSEDA'RII. [Esseda.] 
EVI'CTIO. If the purchaser of a thing was 
deprived of it by a third person by legal process 
(evicted), the seller was bound to make good the 
loss (evictionem praestare). If the seller knew 
that he was selling what was not his own, this 
was a case of dolus, and he was bound in case of 
eviction to make good to the purchaser all loss and 
damage that he sustained. If there was no dolus 
on the part of the seller, he was simply bound to 
make good to the purchaser the value of the thing 
at the time of eviction. It was necessary for the 
purchaser to neglect no proper means of defence, 
when an attempt was made to evict him ; and it 
was his duty to give the seller notice of the ad- 



EUMOLPIDAE. 



EUPATRIDAE. 



477 



verse claim {litem denunciare), and to pray his aid 
in defence of the action. The stipulatio duplae 
was usual among the Romans ; and, in such case, 
if the purchaser wa3 evicted from the whole thing, 
he might by virtue of his agreement demand from 
the seller double its value. (Dig. 21. tit. 2, De 
cvictionibus et duplae stipulatione ; Mackeldey, 
Lehrbuch, &c, § 370, 12th ed.) [G. L.] 

EU.MO'LPIDAE (su/ujAiriSaO, the most dis- 
tinguished and venerable among the priestly fami- 
lies in Attica. They were devoted to the service 
of Demetcr at Athens and Eleusis, and were said 
to be the descendants of the Thracian bard Eumol- 
pus, who, according to some legends, had intro- 
duced the Eleusinian mysteries into Attica. (Diod. 
Sic. i. 29; Apollod. iiL 15. § 4 ; Demosth. c. Neaer. 
p. 1 384.) The high priest of the Eleusinian 
goddess (Upo<pavTi)s or nvmar/ur/6s), who con- 
ducted the celebration of her mysteries and the in- 
itiation of the mystae, was always a member of the 
family of the Eumolpidae, as Eumolpus himself was 
believed to have been the first hierophant. (Hesych. 
s.v. Eu/*oAiri5a< ; Tacit. Hilt. iv. 83 ; Arnob., v. 25; 
Clemens Alex. ProhrepL p. 16, &c.) In his external 
appearance the hierophant was distinguished by a 
peculiar cut of his hair, a kind of diadem (arpo- 
<p'ov), and a long purple robe. (Arrian. in Epictet. 
lii. 21 ; Plut. AlcUi. 22.) In his voice he seems 
always to have affected a solemn tone suited to 
the sacred character of his office, which he held for 
life, and which obliged him to remain unmarried. 
(Paua. ii. 14. § 1.) The hierophant was attended 
by four ^iri/if A7jtcu', one of whom likewise belonged 
to the family of the Eumolpidae. (Harpocrat. and 
Suidas, 5. v. 'Eiri/teA.7)Tal rdv fivaTrfpiwv.) Other 
members of their family do not seem to have had 
any particular functions at the Eleusinia, though 
they undoubtedly took part in the great procession 
to Eleusis. The Eumolpidae had on certain occa- 
sions to offer up prayers for the welfare of the 
state, and in case of neglect they might be taken 
to account and punished ; for they were, like all 
other priests and magistrates, responsible for their 
conduct, and for the sacred treasures entrusted to 
their care. (Aeschin. c. Ctaiyh, p. 56, Steph. ; 
compare Euthvne.) 

The Eumolpidae had also judicial power in cases 
where religion was violated (ir(pl eurttjeias, De- 
mosth. c. Andrnt. p. 601). This power probably 
belongcd to this family from the earliest times, and 
Solon as well as Pericles do not seem to have made 
any alteration in this respect. Whether this re- 
ligious court acted independent of the archon kins;, 
or under his guidance, is uncertain. The law 
according to which they pronounced their sentence, 
and of which they had the exclusive possession, 
was not written, but handed down by tradition ; 
and the Eumolpidae alone had the right to inter- 
pret it, whence they are sometimes called i^irp]ra't. 
[ Ex KfiKTAK. ] In cases for which the law had 
made no provisions, they acted according to their 
own discretion. (Lysias, e. Andmid. p. "JIM ; 
Andocid. I)r Alt/at. p. 57.) Respecting the mode 
of proceeding in these religious courts nothing is 
known. (Heffter, Allien. Gtriekttverf. p. 405, \.c. ; 
Platner, Process, ii. p. 147, &c.) In some cases, 
when a person was convicted of gross violation of 
the public institutions of his country, the people, 
besides sending the offender into exile, added a 
clause in their verdict that a curse should be pro- 
nounced upon him by the Eumolpidae. (I'lut. 



Alcib. 22 ; Com. Nep. Alcib. 4, 5.) But the 
Eumolpidae could pronounce such a curse only at 
the command of the people, and might afterwards 
be compelled by the people to revoke it and purify 
the person whom they had cursed before. (Plut. 
Alcib. 33 ; Corn. Nep. Alcib. 6. 5.) [L. S.] 

EVOCA'TI, were soldiers in the Roman army, 
who had served out their time and obtained their 
discharge (missio), but had voluntarily enlisted 
again at the invitation of the consul or other com- 
mander. (Dion Cass. xlv. 12.) There appears 
always to have been a considerable number of 
evocati in every army of importance ; and when 
the general was a favourite among the soldiers, the 
number of veterans who joined his standard would 
of course be increased. The evocati were, doubt- 
less, released, like the vexillarii, from the common 
military duties of fortifying the camp, making 
roads, &c. (Tacit. Ann. i. 36), and held a higher 
rank in the army than the common legionary 
soldiers. They are sometimes spoken of in con- 
junction with the equites Romani (Caes. Bell. Gall. 
vii. 65), and sometimes classed with the centurions. 
(Caes. Bell. Civ. i. 17.) They appear to have been 
frequently promoted to the rank of centurions. 
Thus Pompey induced a great many of the veterans, 
who had served under him in former years, to join 
his standard at the breaking out of the civil war, 
by the promise of rewards and the command of 
centuries (ordinum, Caes. Bell. Civ. i. 3). All the 
evocati could not, however, have held the rank of 
centurions, as we read of two thousand on one 
occasion (lb. iii. 88), and of their belonging to 
certain cohorts in the army. Cicero (ad Pum. 
iii. 6. § 5) speaks of a Praefccttu evocutorum. 
(See Cic. ad /•'am. xv. 4. § 3 ; Caes. Bell. Civ. iii. 
91 ; Suet. Aug. 56 ; Lipsius, De Milit. Bom. i. 8.) 

The name of evocati was also given to a select 
body of young men of the equestrian order, who 
were appointed by Domitian to guard his bed- 
chamber. (Suet. Dom. 10.) This body is sup- 
posed by some writers to have existed under the 
succeeding emperors, and to have been the same 
as those who are called ICiocuti Aiufiisli. (Ilyginus, 
deLim. p. 209 ; Orclli, Inscrip. No. 3495, 153.) 

EUPA'TRIDAE (fuircn-pi'Sai), i.e. descended 
from noble ancestors, is the name by which in early 
times the nobility of Attica was designated. Who 
the Eupatridae originally were has been the sub- 
ject of much dispute ; but the opinion now almost 
universally adopted is, that they were the noble 
Ionic or Hellenic families who at the time of the 
Ionian migration settled in Attica, and there exer- 
cised the power and influence of an aristocracy of 
warriors and conquerors, possessing the best parts 
of the land, and commanding the services of a 
numerous class of dependents. (Tliirhvall, Hist, of 
Grwss,vol. i. p. 1 I5,4cc. ; Wachsmuth,vol. i. p. 361, 
Ate, 2d cd.) The chiefs who arc mentioned as 
kings of the several Attic towns, before the organi- 
sation of the country ascribed to Theseus, belonged 
to the highest or ruling class of the Eupatridae ; 
and when Theseus made Athens the sent of go- 
vernment for the whole country, it must have been 
chiefly these nobles of the highest rank, that left 
their former residences and migrated to Athens, 
where, after Theseus had given up his royal pre- 
rogatives .md divided them among the nobles, they 
occupied a station similar to that which they hnd 
previously held in their several districts of Attira. 
Other Eupatridae, however, who cither were not 



478 



EUTHYNE. 



EUTHYNE. 



of the highest rank, or were less desirous to exer- 
cise any direct influence upon the government, 
remained in their former places of residence. 
(Thirlwall, vol. ii. p. 8.) In the division of the 
inhabitants of Attica into three classes, which is 
ascribed to Theseus, the Eupatridae were the first 
class (Plut. Thes. 25 ), and thus formed a compact 
order of nobles, united by their interests, rights, 
and privileges. The first, or at least the most 
ambitious among them, undoubtedly resided at 
Athens, where they enjoyed nearly the same privi- 
leges as they had before the union in the separate 
townships of Attica. They were in the exclusive 
possession of all the civil and religious offices in 
the state, regulated the affairs of religion, and in- 
terpreted the laws human and divine. (Mailer, 
Dor. ii. 2. § IS.) The king was thus only the 
first among his equals, being distinguished from 
them only by the duration of his office (Schomann, 
De Comit. p. 4, transl.) ; and the four kings of the 
phylae (<pv\oga<n\e7s), who were chosen from the 
Eupatridae, were more his colleagues than his 
counsellors. (Pollux, viii. 1 1 1.) The kingly power 
was in a state of great weakness ; and, while the 
overhearing influence of the nobles, on the one 
hand, naturally tended gradually to abolish it 
altogether, and to establish a purely aristocratical 
government in its stead (Hermann, Pol. Ant. of 
Greece, § 102), it produced, on the other hand, 
effects which threatened its own existence, and at 
last led to the entire overthrow of the hereditary 
aristocracy as an order : for the commonalty, 
which had likewise gained in strength by the 
union of all the Attic townships, soon began to 
feel the oppression of the aristocracy, which in 
Attica produced nearly the same effects as that of 
the patricians at Rome. The legislation of Draco 
seems to have arisen out of the growing discontent 
of the commonalty with the oppressive rule of the 
nobles (Thirlwall, vol. ii. p. 18, &c.) ; but his at- 
tempts to remedy the evil were more calculated to 
intimidate the people than to satisfy them, and 
could consequently not have any lasting results. 
The disturbances which, some years after, arose 
from the attempt of Cylon, one of the Eupatridae, 
who tried to overthrow the aristocratical govern- 
ment and establish himself as tyrant, at length led 
to the legislation of Solon, by which the political 
power and influence of the Eupatridae as an order 
was broken, and property instead of birth was 
made the standard of political rights. (Aristot. 
Polit. ii. 9 ; Dionys. Hal. Ant. Rom. ii. 8 ; Aelian, 
V. H. v. 13.) But as Solon, like all ancient 
legislators, abstained from abolishing any of the 
religious institutions, those families of the Eupa- 
tridae in which certain priestly offices and func- 
tions were hereditary, retained these distinctions 
down to a very late period of Grecian history. 
(Compare Schomann, Antiq. Jur. puhl. Graec. p. 
167, &c, and p. 77, &c.) [L. S.] 

EURI'PUS. [Amphitheatrum, p. 88, b.] 

EUSTYLOS. [Templum.] 

EUTHY'NE and EUTHY'NI (evBivr), 
ei/8vi>oi). All public officers at Athens, espe- 
cially generals, ambassadors, the archons and their 
assessors, the diaetetae, priests and priestesses 
(Aeschin. c. Ctesiph. p. 56. Steph.), the secretaries 
of the state (Lysias, c. Nicomach.), the superin- 
tendents of public buildings, the trierarchs, and 
even the senate of the Five Hundred and the 
members of the Areiopagus, were accountable for 



their conduct and the manner in which they ac- 
quitted themselves of their official duties. The 
judges in the popular courts seem to have been 
the only authorities who were not responsible 
(Aristoph. Vesp. 546 ; Hudtwalcker, Von den 
Diaetet. p. 32) ; for they were themselves the re- 
presentatives of the people, and would therefore, 
in theory, have been responsible to themselves. 
This account, which officers had to give after the 
time of their office was over, was called evBvvri ; 
and the officers subject to it, iir(v9vvoi. Every 
public officer had to render his account within 
thirty days after the expiration of his office 
(Harpocrat. Phot, and Suid. s. v. AoyiaTai and 
EvBvuoi) ; and as long as this duty was not fulfilled, 
the whole property of the ex-officer was in bondage 
to the state (Aeschin. c. Ctesiph. p. 56. Steph.) : 
he was not allowed to travel beyond the frontiers 
of Attica, to consecrate any part of his property as 
a donarium to the gods, to make his will, or to 
pass from one family into another by adoption ; 
no public honours or rewards, and no new office 
could be given to him. (Aeschin. and Demosth. 
DeCoron. and c. Tim.p. 747.) If within the stated 
period an officer did not send in his account, an 
action, called aAoyiov or aXoyias 8/kt;, was brought 
against him. (Pollux, viii. 54 ; Hesych. Suid. Etym. 
Mag. s. v. 'AAoy'tov 8i'/cr).) At the time when 
an officer submitted to the evBvvr], any citizen had 
the right to come forward and impeach him. Those 
who, after having refused to submit to the evBvvq, 
also disobeyed the summons to defend themselves 
before a court of justice, thereby forfeited their 
rights as citizens. (Demosth. c. Mid. p. 542.) 

It will appear from the list of officers subject to 
the euthyne, that it was not confined to those 
whose office was connected with the administration 
of the public money, or any part of it ; but in many 
cases it was only an inquiry into the manner in 
which a person had behaved himself in the dis- 
charge of his official duties. In the former case 
the scrutiny was conducted with great strictness, 
as the state had various means to check and con- 
trol the proceedings of its officers ; in the latter, 
the euthyne may in many instances have been no 
more than a personal attendance of the ex-officer 
before the representatives of the people, to see 
whether any charge was brought against him. 
When no accuser appeared, the officer was honour- 
ably dismissed (ziriffriji.aivto-Bai, Demosth. De 
Coron. p. 310). After an officer had gone through the 
euthyne, he became avevBvvos. (Pollux, viii. 54.) 

The officers before whom the accounts were 
given were in some places called eSBvvoi or \oyia- 
To/, in others e'leTaorai' or avviiyopoi. (Aristot. 
Polit. vi. 5. p. 213, ed. Goettling.) At Athens we 
meet with the first two of these names, and both 
are mostly mentioned together ; but how far their 
functions differed is very uncertain. Some gram- 
marians (Etymol. Magn. and Phot. s. v. EilBwoi) 
state that Xoyio-ra't was the name of the same offi- 
cers who were formerly called etlBwoi. But from 
the manner in which the Greek orators speak of 
them, it can scarcely be doubted that their func- 
tions were distinct. From the authorities referred 
to by Bockh (Publ. Econ. p. 190, &c. 2d ed. 
compare the Rhein. Mus. 1827, vol. i. p. 72, &c), 
it seems, moreover, clear that the office of the 
Koyiaral, though closely connected with that of 
the etfSurai, was of greater extent than that of 
the latter, who appear rather to have been the 



EXAIRESEOS DIKE. 



EX AUGUR ATIO. 



479 



assessors of the former, than a totally distinct class 
of officers, as will he seen hereafter. All accounts 
of those officers who had anything to do with the 
public money were, after the expiration of their 
office, first sent in to the Xoyiarai, who examined 
them, and if any difficulty or incorrectness was dis- 
covered, or if charges were brought against an ex- 
officer within the period of 30 days, the further in- 
quiry devolved upon the eCOvvoi, before whom the 
officer was obliged to appear and plead his cause. 
(Hermann, Petit Aniiq. of Greece, § 154. 8.) If 
the eCdvvoi found that the accounts were unsatis- 
factory, that the officer had embezzled part of the 
public money, that he had accepted bribes, or that 
charges brought against him were well founded, 
they referred the case to a court of justice, for 
which the \oyiarat appointed the judges by lot, 
and in this court their herald proclaimed the ques- 
tion who would come forward as accuser. (Aeschin. 
c. Ctestph. p. 57, ed. Steph. ; Etymol. Magn. s. r. 
ZiiBvva ; Bekker, Anecdot. p. 245. 6.) The place 
where the court was held was the same as that to 
which ex-officers sent their accounts to be examined 
by the Koyiarai, and was called Xor/iOTT\piov. 
(Andocid. De Myst. p. 37 ; Lys. c. Polystrat. p. 
G72.) It can scarcely be doubted that the tbBvvoi 
took an active part in the trials of the koyta-rr)- 
piov: but whether they acted only as the asses- 
sors of the XoyioTcd, or whether they, as Pollux 
states, exacted the embezzled sums and fines, in- 
stead of the practores, is uncertain. The number 
of the tCBuvoi, as well as that of the \oynrrai, was 
ten, one being taken from every tribe. (Phot. >. r. 
ZMwos, and Harpocrat s. r. Aoyiirrai.) The 
Koytarai were appointed by the senate, and chosen 
by lot ; whether the tCOvvoi were likewise chosen 
by lot is uncertain, for Photius uses an expression 
derived from KKripos (lot), while Pollux (viiL 99) 
states that the tUBvvoi irpoacupovirrcu, scil. to?s 
Xoyiarcus, according to which they were like the as- 
sessors of the archons; the latter account, however, 
seems to be more consistent and more probable. 
Every tCQvvos had two assessors (irdpeSpoi). (See 
Bdckh, PuU. Emn. I.e.; Titmann, Gricch. Staatsv. 
p. 329, &c; Hermann, Petit. Anliq. of Greece, § 154; 
Schumann, Antiq. Jur. pM. Grace, p. 239, &c.) 

The first traces of this truly democratic institu- 
tion are generally found in the establishment of 
the archonship (apxv irtrfvBvvos) instead of the 
kingly power, by the Attic nobles (Paus. iv. 5. 4). 
It was from this state of dependence of the first 
magistrates upon the order of the nobles that, in 
the course of time, the regular euthyne arose. Simi- 
lar institutions were established in several other 
republics of Greece. (Arist. Polit. vi. 5 ; Wachs- 
muth, HelUn Alttrth. i. p. 419, tic. 2d. cd.) [L.S.] 

KXAOO'GES DIKK' (itaywyys Si'ktj), a suit 
of a public nature, which might be instituted 
against one, who, assuming to act as the protector 
(itupioi) of an Athenian woman, married her to a 
foreigner in a foreign land. This was contrary to 
law, intermarriage with aliens being (as a general 
nile) prohibited. In the speech of Demosthenes 
against Timocrates (p. 703), he is charged with 
having sold his sister to a C'orcyrean, on pretence 
of giving her in marriage. (Meter, Alt. /'roc. 
p. 350.) [C. It. K.] 

B X A I R K'SEOS I) I K E' (tyup«V««i SUv), was 
an action brought to recover dnmages fur the at- 
tempt to deprive the plaintiff of his slave ; not 
where the defendant claimed a property in the 



slave, but where he asserted him to be a freeman. 
As the condition of slavery at Athens incapacitated 
a man to take any legal step in his own person, if 
a reputed slave wished to recover his rights as a 
freeman, he could only do it by the assistance of 
one who was himself a freeman. He then put 
himself under the protection of such a person, who 
was said ££atpe7a6ai or atpaipuaBcu airrbv cij 4\eu- 
Bepltw, in lioertutem vindicare. If the master 
sought to reclaim him, he proceeded to take manual 
possession, Syea> airrbv eis SovAeiav. A runaway 
slave might at any time be seized by his master, 
either in the open street or elsewhere, except in a 
sanctuary. If the friend or person who harboured 
the slave meant to contest the master's right, the 
proper course was to go with him before the ma- 
gistrate, and give security for the value of the slave 
and costs, in case a court of law should decide 
against him. The magistrate who took cognizance 
of the cause was the archon, where a man claimed 
to be a citizen ; the polemarch, where he claimed 
to be an alien freeman. It was the duty of the 
archon or polemarch to set the man at liberty 
pendente lite. In the suit that followed, the plaintiff 
had to prove his title to the ownership of the 
slave, and, if successful, obtained such compensa- 
tion as the jury chose to award ; this being a 
rtfirrrbs aywv, and half of the rl^-nfia being given 
to the state. (Dcm. c. T/teocr. p. 1328.) A verdict 
I for the plaintiff drew with it, as a necessary con- 
sequence, the adjudication of the ownership, and 
he would be entitled to take possession of his 
slave immediately : if, however, the slave had 
escaped in the meantime, and evidence of such 
fact were produced, the jury would probablv take 
that into consideration in estimating the damage-. 

If the friend, in resisting the capture of the 
slave, had used actual violence, he was subject to 
a S'ikti (itaiwv. And if the soi-disant master had 
failed in the i£. Si'ioj, the injured party might 
maintain an action against him for the attempted 
seizure. (Lys. c. Panel, p. 734, &c, with Rciskc's 
note ; Dcm. c. Xeaer. p. 1358 ; Harpocr. s. v. 
'E^cupi<T«i>s, and 'Ayei ; Meier, Att. Proc. p. 394.) 

In a speech of Isocratcs (Trapez. p. 3o'l), the 
defendant, a banker, from whom it is sought to re- 
cover a deposit, is charged with having asserted 
the freedom of his own slave, in order to prevent 
his being examined by torture respecting the sum 
of money deposited in his hands. This is remark- 
able on two accounts: first (as Meier observes), 
because it seems to prove that one not the owner 
of the slave could bring the «'{. SIkij, if he had an 
interest in the matter ; secondly, because it was 
optional with a man to give up his slave to the 
torture or not, the refusal being only matter of ob- 
servation to the jury ; and, therefore, it appears 
strange that any one should have recourse to a 
measure, the result of which (if successful) would 
be, to deprive him of his property. [CL H. K.J 

EXAUCTORA'TIO. [ Kxkrcitus.] 

EXAL'Gl'UATIO is the act of changing a 
■acred thing into a profane one, or of taking away 
from it the sacred character which it had received 
by inauguratio, coimecratio, or drdicatio. That 
such an act was performed by the augurs, and 
never without consulting the pleasure of the god* 
by augurium, is implied in the name itself. (I,iv. 
i. 55, v. .54 ; Dimiys. Hal. Antiq. /torn. iii. p. 202, 
ed. Sylburg ; Cnto. ap. put. $. v. Xri/uitiuin.) 
Temples, cha|iel», and other consecrated places, as 



480 



EXEGETAE. 



EXERCITORIA ACTIO. 



well as priests, were considered as belonging to the 
gods. No consecrated place whatever could be 
applied for any profane purpose, or dedicated to 
any other divinity than that to which it originally 
belonged, without being previously exaugurated ; 
and priests could not give up their sacred func- 
tions, or (in case they were obliged to live in celi- 
bacy) enter into matrimony, without first under- 
going the process of exauguratio. (Gellius, vi. 7. 
4 ; Jul. Capitol. M. Anton. Philos. c. 4.) [L. S.] 
EXCE'PTIO. [Actio.] 
EXCU'BIAE. [Castra, p. 250.] 
EX C UBITO'RES, which properly means watch- 
men or sentinels of any kind (Caes. Bell. Gall. vii. 
69), was the name more particularly given to the 
soldiers of the cohort who guarded the palace of 
the Roman emperor. (Suet. Ner. 8, Oth. 6.) 
Their commanding officer was called iribunus ex- 
cubitor. (Suet. Claud. 42, Ner. 9.) When the 
emperor went to an entertainment at the house of 
another person, the excubitores appear to have ac- 
companied him, and to have kept guard as in his 
own palace. (Suet. Oth. 4.) 

EXEDRA (e|e'8pa), which properly signifies a 
seat out of doors, came to be used for a chamber 
furnished with seats, and opening into a portico, 
where people met to enjoy conversation ; such as 
the room which Vitruvius describes as opening on 
to the peristyle of the gynaeconitis of a Greek house 
[Domus], and as the rooms attached to a gymna- 
sium, which were used for the lectures and dis- 
putations of the rhetoricians and philosophers. 
[Gymnasium.] The former class of exedrae 
Vitruvius indeed calls by another name, namely 
irapaards or 7racrras, but the word e£e8pa occurs 
in Euripides (Orest. 1449) in this sense, and 
Pollux mentions the words i^eSpai and iraarabes 
as synonymous (vii. 122). In this sense the word 
might be translated parlour. 

In old Greek the word Xecrxv appears to have 
had a similar meaning ; but the ordinary use of 
the word is for a larger and more public place of 
resort than the efe'Spa. [Lesche.] 

Among the Romans the word had a wider 
meaning, answering to both the Greek terms, e|eSpa 
and Xiaxn. Thus it is not only used to signify a 
chamber for ordinary resort and conversation in a 
private house, or in the public baths and gymnasia 
open to the sun and air, (Vitruv. v. 11 ; vii. 9 ; 
Cic. Orat. iii. 5, De Nat. Deor. i. 6 ; Varro, R. R. 
iii. 5 ; Ulpian, Dig. ix. tit. 3, leg. 5) ; but the 
word is even applied to the hall attached to the 
theatre of Pompey, which was used as a place of 
meeting by the senate. (Plut. Brut. 14, 17). 
The diminutive exedrium, also occurs. (Cic. ad 
Fam. vii. 23.) [P. S.J 

EXEGE'TAE (et-rrynirat, interpreters ; on this 
and other meanings of the word see Rhunken, ad 
Timani Glossar. p. 109, &c), is the name of the 
Eumolpidae, by which they were designated as 
the interpreters of the laws relating to religion and 
of the sacred rites. (Demosth. Euerg. p. 1160.) 
[Eumolpidae.] They were thus at Athens the 
only class of persons who, in some measure, resem- 
bled the Roman jurists ; but the laws, of which the 
ztivyyTai were the interpreters, were not written 
but handed down by tradition. Plutarch (Thes. 
25) applies the term to the whole order of the 
Eupatridae, though properly speaking it belonged 
only to certain members of their order, i. e. the 
Eumolpidae. The Etymologicum Magn. (s. v.), in 



accordance with the etymological meaning of the 
word, states, that it was applied to any interpreter 
of laws, whether sacred or profane ; but we know 
that at Athens the name was principally applied to 
three members of the family of the Eumolpidae 
(Suidas, s. v.), whose province it was to interpret 
the religious and ceremonial laws, the signs in the 
heavens, and the oracles ; whence Cicero (De Leg. 
ii. 27) calls them religionum interpretes. (Compare 
Pollux, viii. 124 and 188; Plato, Euthyphr.-p. 4,d.) 
They had also to perform the public and private 
expiatory sacrifices, and were never appointed 
without the sanction of the Delphic oracle, whence 
they were called Uv06xpv'roi. (Timaeus, Glossar. 
s. v. 'E|r;7r)Toi' : compare Meier, De Bonis Damnat. 
p. 7 ; Miiller, ad Aeschyl. Eumen. p. 1 62, &c.) 

The name QtiyT)TT}s was also applied to those 
persons who served as guides (cicerone) to the 
visitors in the most remarkable towns and places 
of Greece, who showed to strangers the curiosities 
of a place, and explained to them its history and 
antiquities. (Paus. i. 41. § 2.) 

Respecting the i^-qy-qr-fis of the laws of Lycur- 
gus at Sparta, see Miiller, Dor. iii. 1 1. 2. [L. S.J 
EXERCITO'RIA ACTIO, was an action 
granted by the edict against the exercitor navis. 
By the term navis was understood any vessel, 
whether used for the navigation of rivers, lakes, 
or the sea. The exercitor navis is the person to 
whom all the ship's gains and earnings (obventiones 
el reditus) belong, whether he is the owner, or has 
hired the ship (per aversionem) from the owner 
for a time definite or indefinite. The magister 
navis is he who has the care and management of 
the ship, and was appointed ( praepositus) by the 
exercitor. The exercitor was bound generally by 
the contracts of the magister, who was his agent, 
but with this limitation, that the contract of the 
magister must be with reference to furthering the 
object for which he was appointed ; as, for instance, 
if he purchased things useful for the navigation of 
the ship, or entered into a contract or incurred 
expense for the ship's repairs, the exercitor was 
bound by such contract : the terms of the master's 
appointment (praepositio) accordingly determine 
the rights of third parties against the exercitor. 
If the magister, being appointed to manage the 
ship and to use it for a particular purpose, used it 
for a different purpose, his employer was not bound 
by the contract. If there were several magistri, 
without any partition of their duties (non divisis 
officiis), a contract with one was the same as a 
contract with all. If there were several exer- 
citores, who appointed a magister either out of 
their own number or not, they were severally an- 
swerable (in solidum) for the contracts of the 
magister. The contracting party might have his 
action either against the exercitor or the magister, 
so long as the magister continued to be such. 

A party might have an action ex delicto against 
an exercitor in respect of the act either of the 
magister or the sailors, but not on the contract of 
the sailors. If the magister substituted a person 
in his place, though he was forbidden to do so, the 
exercitor would still be bound by any proper con- 
tract of such person. 

The term Nauta properly applies to all persons 
who are engaged in navigating a ship ; but in the 
Praetor's Edict (Dig. 4. tit. 9. s. 1) the term Nauta 
means Exercitor (qui navem exercet). 

(Dig. 14. tit. 1 ; Peckius, in Titt. Dig. et Cod. 



EXERCITUS. 



EXERCITUS. 



481 



ml Rem Nauticam perlinentes Comment. ; Abbott 
on Shipping, Index, Exercitor Navis.) [G. L.] 

EXE'RCITUS ((TTpatT6s), army. 1. Greek. 
The earliest notices which we possess of the mili- 
tary art among the Greeks are those contained in 
the Homeric poems. The unsettled state of society 
in the first ages of Greece, led to the early and 
general cultivation of the art of arms, which were 
habitually worn for defence, even when ageressive 
warfare was not intended. (Thuc. L 6.) But the 
Homeric poems contain an exhibition of combined 
military operations in their earliest stage. War- 
like undertakings before the time described in 
them can have been little else than predatory 
inroads (0ori\turiai, II. xi. 667). A collection of 
warriors exhibiting less of organisation and dis- 
cipline than we see depicted in the Grecian troops 
before Troy, would hardly deserve the name of an 
army. The organisation which we see there, such 
as it was, arose, not from any studied, formative 
system, but naturally, out of the imperfect con- 
stitution of society in that age. Every freeman in 
those times was of course a soldier ; but when all 
the members of a family were not needed to go 
upon an expedition under the command of their 
chieftain or king, those who were to go seem to 
have been selected by lot (//. x. 418). As the 
confederated states, which are represented as 
taking part in the Trojan war, are united by 
scarcely any other bond than their participation in 
a common object, the different bodies of troops, 
led by their respective chieftains, are far from 
being united by a common discipline under the 
command-in-chief of Agamemnon. Each body 
obeys its own leader, and follows him to the con- 
flict, or remains inactive, according as he chooses 
to mingle in the fight or not Authority and 
obedience are regulated much more by the nature 
of the circumstances, or by the relative personal 
distinction of the chieftains, than by any law of 
military discipline. Agamemnon sometimes urges 
the chieftains to engage, not by commands, but by 
taunts (II. iv. 338, &c. 368, &c). Accordingly, 
nothing like the tactics or strategy of a regularly 
disciplined army is to be traced in the Homeric 
descriptions of battles. Each chieftain with his 
body of troops acts for himself, without reference 
to the movements of the rest, except as these 
furnish occasion for a vigorous attack, or, when 
hard pressed, call for assistance from the common 
feeling of brotherhood in arms. The wide interval 
which in the Homeric age separated the noble or 
chieftain from the common freeman, appears in as 
marked a manner in military, as in civil affairs. 
The former i9 distinguished by that superior skill 
and prowess in the use of his arms, which would 
naturally result from the constant practice of war- 
like exercises, for which his station gave him the 
leisure and the means. A single hero is able to 
put to flight a whole troop of common soldiers. 
The account of a battle consists almost entirely of 
descriptions of the single combats of the chiefs on 
both sides ; and the fortune of the day, when not 
overruled by the intervention of the gods, is de- 
cided by the individual valour of these heroes. 
While the mass of the common soldiers were on 
foot, the chiefs rode in chariots [CuRRUs], which 
usually contained two, one to drive and one to 
til(ht. In these they advanced against the an- 
tagonists whom they singled out for encounter, 
sometimes barling their spears from their chariots, 



but more commonly alighting, as they drew near, 
and fighting on fuot, making use of the chariot for 
pursuit or flight. The Greeks did not, like the 
ancient Britons and several nations of the East, 
use the chariot itself as an instrument of warfare. 
Cavalry was unknown at that time to the Greeks, 
and horsemanship but very rarely practised ; the 
iViri)€s of Homer are the chieftains who ride in 
chariots. These chiefs are drawn up in the front 
of the battle array (//. iv. 297, wpojuaxoi, ■npofia- 
X«r6at) ■ and frequently the foot soldiers seem to 
have done nothing but watch the single combats 
of their leaders, forming, in two opposite, parallel 
lines, something answering to a ring (epxos iroAe- 
fwio, II. iv. 299) within which the more important 
single combats are fought How they got the 
chariots out of the way when the foot soldiers 
came to close quarters (as in //. iv. 427, &c.) is 
not described. 

Though so little account is usually made of the 
common soldiers (irpv\ifs, II. xi. 49, xii. 77), 
Homer occasionally lays considerable stress on 
their orderly and compact array ; Nestor and Mc- 
ncstheus are honourably distinguished by the 
epithet Koafi-irrope \dwi> (//. ii. 553, iv. 293, &c). 
The troops were naturally drawn up in separate 
bodies according to their different nations. It 
would appear to be rather a restoration of the old 
arrangement, than a new classification, when 
Nestor (//. ii. 362) recommends Agamemnon to 
draw the troops up by tribes and phratrics. 
Arranged in these natural divisions, the foot sol- 
diers were drawn up in densely compacted bodies 
(miKivai <pd\ayyes) shield close to shield, — hel- 
met to helmet — man to man (//. xiii. 130, xvi. 
212, (nc). In these masses, though not usually 
commencing the attack, they frequently offer a 
powerful resistance, even to distinguished heroes 
(as Hector //. xiii. 145, &c, comp. xvii. 267, 354, 
&.C., xiii. 339), the dense array of their spears 
forming a barrier not easily broken through. The 
signal for advance or retreat was not given by in- 
struments of any kind, but by the voice of the 
leader. A loud voice was consequently an im- 
portant matter, and the epithet (Sot)v ayaSds is 
common. The trumpet, however, was not abso- 
lutely unknown (//. xviii. 219). Respecting the 
armour, offensive and defensive, see Arma. 

Under the king or chieftain who commands his 
separate contingent we commonly find subordinate 
chiefs, who command smaller divisions. It is 
difficult to say whether it is altogether accide ntal 
or not, that these are frequently five in number. • 
Thus the Myrmidons of Achilles are divided into 
five cti'x* J, each of 500 men. Five chiefs command 
the Boeotians ; and the whole Trojan army is 
formed in five divisions, each under three leaders. 
(//. iv. 295, &c, xvi. 171—197, ii. 494, &c, xii. 
87 — 104.) The term <pa\ayt is applied either to 
the whole army (as //. vi. 6), or to these smaller 
divisions and subdivisions, which arc also called 
oti'x*! and nvpyoi. 

When an enemy was slain, it was the universal 
practice to stop and strip off his anus, which wero 
carefully preserved by the victor as trophies. Tlio 
division of the booty generally was arranged by the 
leader of the troop, for whom a portion was set aside 
as an honorary present (ytpat, II. i. 392, 368, ix. 
328, xi. 7H3). The recovery of the dead bodies of 
the slain was in the Homeric age, as in nil later 
timet, a point of the greatest importance, and frc- 
l l 



482 



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quently either led to a fierce contest, or was effected 
by the payment of a heavy ransom (Kbpke, Kriegs- 
ivesen der Grieclien in lieroischen Zeitalter ; Wachs- 
muth, Hellen. Allertliumsh. vol. ii. § 110 ; Grote, 
History of Greece, vol. ii. p. 141). 

After the heroic age considerable impulse was 
given to the cultivation of the military art by the 
conquests of the Thessalians (the first Grecian 
people, apparently, that employed cavalry, to the 
use of which their conquests were probably in 
great part owing) and Dorians, among the latter 
of whom the art of warfare was earliest reduced to 
system. The distinction of heavy and light armed 
foot soldiers of course took its rise with the be- 
ginnings of military service, the poorer class being 
unable to provide themselves with the more effi- 
cient, but more costly weapons of those who were 
better off than themselves. Political considerations 
tended to make the distinction more marked and 
systematic. The system of military castes was 
indeed unknown among the Greeks, though some- 
thing answering the same purpose existed in the 
earliest times, when the nobles and their more 
immediate dependants and retainers, having greater 
leisure for the cultivation of skill in the use of 
arms, and greater means for procuring them, were 
separated in that respect by a wide interval from 
the lower class ; while conversely, military supe- 
riority was the most direct means of securing 
political supremacy. Hence, as soon as the dis- 
tinction between the nobles (the privileged class) 
and the commonalty (demus) was established, it 
became the object of the former to prevent the 
latter from placing themselves on a par with them 
in military strength, and so the use of the full 
armour of the heavy-armed infantry was reserved 
by the former for themselves ; and when, in times 
of distress, it was found necessary to entrust the 
demus with full armour, the result was not un- 
commonly a revolution (as was in some degree the 
case at Mytilene, Thuc. iii. 27). But in the de- 
mocracies this distinction as regards the kinds of 
service depended merely upon the greater or less 
ability of the citizens to procure arms. In the 
Greek commonwealths all those who enjoyed the 
privileges of citizens or freemen were held bound 
to serve as soldiers when called upon, and were 
provided with arms and trained in military exer- 
cises as a matter of course. The modern system 
of standing armies was foreign to Greek habits, 
and would have been dangerous to the liberties of 
the different commonwealths, though something 
of the kind may be seen in the body guards, 
usually of mercenary troops, kept by tyrants. 
The mercenaries in the pay of Alexander of 
Pherae formed a considerable army. Practically 
too, from the continuity of the warlike operations 
in which they were engaged, the armies of Philip 
and Alexander of Macedon, and their successors, 
became standing armies. The thousand AoydSts 
at Argos (Thuc. v. 67) and the sacred band at 
Thebes (Plut. Pelop. 18 ; K. F. Hermann, Griech. 
Staatsalterth. § 181 note 2) were not considerable 
enough to be called armies. The employment of 
mercenary troops might have led to the use of 
standing armies, had it not been that the use of 
them characterised the decline of the Grecian 
states, so that the circumstances which led to 
their employment, also rendered it impossible to 
provide the resources for their maintenance, ex- 
cept when they were immediately needed. Still, 



as in the case of the Scythian bowmen at Athens, 
individual corps of mercenaries might be regularly 
maintained. Slaves were but rarely trusted with 
arms, and when it was the case, they were usually 
manumitted. The Greek armies accordingly were 
national armies, resembling rather the militia than 
the regular armies of modern times. 

In all the states of Greece, in the earliest as in 
later times, the general type of their military or- 
ganisation was the phalanx, a body of troops in 
close array with a long spear as their principal 
weapon. It was among the Dorians, and especially 
among the Spartans, that this type was most rigidly 
adhered to. The strength of their military array 
consisted in the heavy-armed infantry (6-rrXiTai). 
They attached comparatively small importance to 
their cavalry, which was always inferior (Xen. 
Hellen. vi. 4. § 10). Indeed, the Thessalians and 
Boeotians were the only Greek people who dis- 
tinguished themselves much for their cavalry ; 
scarcely any other states had territories adapted 
for the evolutions of cavalry. The Spartan army, 
as described by Xenophon, was probably in all its 
main features the same that it was in the time of 
Lycurgus. The institutions of that lawgiver con- 
verted the body of Spartan citizens into a kind of 
military brotherhood, whose almost sole occupation 
was the practice of warlike and athletic exercises. 
The whole life of a Spartan was little else than 
either the preparation for or the practice of war. 
The result was, that in the strictness of their dis- 
cipline, the precision and facility with which they 
performed their military evolutions, and the skill 
and power with which they used their weapons, 
the Spartans were unrivalled among the Greeks, 
so that they seemed like real masters of the art of 
war (tcxcitos tw iroK(jj.MS>v), while in com- 
parison with them other Greeks appeared mere 
tiros (avroa'x^iaa'Tas twv aTpanwTiKwv, Xen. 
Rep. Laced, xiii. § 6 ; Plut. Pelop. 23). The 
heavy-armed infantry of the Spartan armies was 
composed partly of genuine Spartan citizens, partly 
of Perioeci (e. g. Thucyd. iv. 8, comp. Grote, Hist, 
of Greece, vol. ii. p. 493). In later times, as the 
number of Spartan citizens decreased, the Perioeci 
constituted the larger portion, a fact which renders 
nugatory all attempts to connect the numbers of 
the divisions of the army with the political divi- 
sions of the Spartan citizens. Every Spartan 
citizen was liable to military service (e/j.<ppovpos) 
from the age of twenty to the age of sixty years. 
Those beyond that age were, however, sometimes 
employed in the less arduous kinds of service — 
as at Mantineia, where they had charge of the 
baggage (Thuc. v. 72). On the occasion of any 
military expedition, the kings at first, and after- 
wards the ephors, made proclamation what class, 
according to age, were to go on the expedition 
(to eTi) els d $e? orpaTeiWflai, Xen. Rep. Lac. xi. 
§ 2) as, for example, all citizens between twenty 
and thirty, or between twenty and thirty-five &c. 
(ret Se'/ca &<J>' 5j§7)s, to. 7rei/T€/caiSe/ca a.(j> i}Sijs, &c). 
When in the field, the troops were drawn up in 
some manner according to their ages, so that for 
any special service, those of a particular age might 
be separated and employed (Xen. Hellen. iv. 4. 
§ 16, 5. § IS, 16). On one occasion (b. c. 418), 
on a sudden emergency, when probably there was 
not time to collect the Perioeci, all the citizens of 
the military age were called forth (Thuc. v. 64). 
The political and military divisions of the 



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4G3 



Spartans were mixed up together in some way 
which it is not easy to unravel. The whole life 
of a Spartan was passed in the discipline of a kind 
of camp. The citizens messed together in com- 
panies, and slept in a sort of barracks. It appears 
from Xcnophon (Rep. Lac. xi.) that the whole 
body of citizens of military age was divided into 
six divisions called p&pai (7roA.iTiKai fi6pai he 
terms them), under the command or superintend- 
ence of a polemarch, each mora being subdivided 
into four (commanded by Aoxceyoi), each 

\6xoi into two ir€»n-7)K0i7Tu«r (headed by irevrri- 
KO'rTripes), each ireir7j/<o(rTus into two ivupjrt'ua 
(headed by enomotarchs). The ivup.ori.ai were 
so called from the men composing them being 
bound together by a common oath (to|is tis Sia 
o<payiwi> dvw/ioros, Hesych. s. v.). These were 
not merely divisions of troops engaged in actual 
military expeditions. The whole body of citizens 
at all times formed an army, whether they were 
congregated at head-quarters in Sparta, or a 
portion of them were detached on foreign service. 
Herodotus (i. (i.5) speaks of enomoties, triacades, 
and syssitia as military divisions, and we learn that 
the polemarchs presided over the public tables 
(Pint, Lye. 12). When a portion of the citizens 
was sent out on foreign service, the army that they 
formed was arranged in divisions corresponding to, 
and bearing the same names as the divisions of 
the entire military force of Sparta, i. c. of the 
entire body of citizens of military age. As has 
already been remarked, an array sent on foreign 
service consisted of citizens between certain ages, 
determined according to the number of soldiers 
wanted. So that, as it would seem, every cno- 
niotia of the general body sent out a certain pro- 
portion of its numbers for the expedition in 
question, who (with some Periocci) formed an 
enomotia of the army so sent ; and the detach- 
ment of those cnomotiac which formed a mora of 
the whole body of citizens, formed (apparently) a 
mora of the army on service. All the accounts 
that we have of Spartan military operations indi- 
cate that the Periocci who served as heavy-armed 
soldiers, formed integral members of the different 
divisions to which they were attached ; so that an 
enomotia, pentccostys, &c, in the field, would con- 
tain a number of soldiers who did not belong to 
the corresponding larger divisions of the whole 
body of citizens of military age. Thirl wall {Hut. 
of Greece, vol. i. app. ii.) talks of thirty families 
being represented in Me army by thirty soldiers ; 
an idea totally at variance with all the accounts 
that we have. Supposing a family to consist of a 
father and three sons, if the Litter were above 
twenty, and the father not above sixty years of 
age, all would be soldiers, liable to be allied out 
for active service at any time ; and according to 
the limits of the age proclaimed by the ephors, 
one, two, three, or all of them might be called out 
nt once. The strength of a mom on actual sen-ice, 
of course, varied, according to circumstances. To 
judge by the name pentccostys, the normal number 
of n mom would have been 400 ; but .500, (iOO, 
and 900 are mentioned as the number of men in a 
mora on different occasions (I'lut. 1'elnp. Hi ; Xen. 
lleUen. iv. 5. S II, 12, vi. 4. § 12 ; Schol. ad 
1'1,'ir. v. lit) ; Diod. XT. 32, &c. ; Miiller, Dorians, 
iii. 12. 8 2, note t.). That these variations arose' 
from variations in the numlier of Spartan citizens 
(Ilanse in Ersch and (imbcr's EneydppHdiS, srt 



Phalanx), is an assumption which leaves out of 
sight the proportion of citizens called out, and the 
number of Periocci in the army. (Of the 292 
heavy-armed soldiers who surrendered at Sphac- 
teria, 120 were Spartans, Thuc. iv. 30. At the 
battle of Plataeae, one half of the heavy -armed 
soldiers of the Lacedaemonians were Spartans.) 
When in the field, each mora of infantry was at- 
tended by a mora of cavalry, consisting at the most 
of 100 men, and commanded by an hippannost 
(iinrapfiOOTr,!, Xen. HeUen. iv. 4. § 10, 5. § 12). 
Plutarch (Lye. 23) mentions squadrons (ovhap.oi) 
of fifty, which may possibly be the same divisions. 
It is not easy, however, to see in what manner the 
cavalry could have been thus apportioned, or how 
each mora of cavalry could have " belonged to a 
mora of infantry without being in close connection 
with it" (as Miiller says). The cavalry seems 
merely to have been employed to protect the flanks, 
and but little regard was paid to it. The corps of 
300 iVireTr (Herod, viii. 124) formed a sort of 
body-guard for the king, and consisted of the 
flower of the young soldiers. Though called 
horsemen, they fought on foot. (Xen. Rep. Lac. iv. 
§3.) 

Thucydides in his account of the battle of Man- 
tineia (v. 08) describes the Lacedaemonian army 
as divided into seven lochi, each containing four 
pentecostyes, and each pentecostys four enomotiae, 
with thirty-two men in each ; so that the lochus 
here is a body of .512 men, and is commanded by 
a polemarch. It is clear, therefore, that the lochus 
of Thucydides, in this instance, answers to the 
mora of Xcnophon. As on this occasion, the 
pentccostys contained four instead of two eno- 
motiae, and as four pentecostyes were thrown toge- 
ther into one division, Thucydides may have been 
led to call this division a lochus, as being next 
above the pentecostys, though it was, in fact, a 
mora commanded by a polemarch (Thirlwall, /. c. 
p. 445 ; comp. Arnold on Thuc. v. 0'H). Aristotle 
appears to use the terms lochus and mora indis- 
criminately (Aaxdvaiv ttoAi't. Fr. .5 and (i ; Photius 
s. v. Aox 01 )- The suggestion of Arnold (/. c .) that 
one of the seven lochi spoken of consisted of the 
Brasidcan soldiers and Neodamodcs, who would 
not be taken account of in the ordinary divisions 
of the Spartan forces, is not unlikely, and would 
explain the discrepancy between the number of 
lochi (or morae) here, and the ordinary number of 
six morae ; but even independently of it, no diffi- 
culty need be felt with respect to that particular 
point, as the whole arrangement of the troops on' 
that occasion was a departure from the ordinary 
divisions. It was not universally the case that an 
army was made up of six morae and twenty-four 
ordinary lochi. On one occasion, we hear of 
twelve lochi (Xen. llellcn. vii. 4. § 20, comp. 
§ 27), each of about 1 00 men. The Neodamodcs 
were not usually incorporated in the morae (Xen. 
Hellen. iv. 3. § 1.5). 

It seems a probable opinion that the number of 
morae in the Spartan military force had reference 
to the districts into which Laconia was divided. 
These, including Sparta and the districts imme- 
diately around it, were six in number. Perhaps, 
as Thirlwall suggests, the division of the army 
may have been founded on the fiction thnt one 
mom was assigned for the protection of each 
district. The same writer also suggests a very 
probable explanation of the A<ix«i niraft«T7)s 
i i 2 



484 



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which Herodotus (ix. S3) speaks of, and of which 
Thucydides (i. 20), though doubtless erroneously, 
denies the existence. Thirlwall suggests that as 
each mora consisted of four lochi, the four lochi of 
the mora belonging to the district of Sparta may 
have been distributed on the same principle among 
the four Ka/xai, Limnae, Cynosura, Mesoa, and 
Pitana, of which Sparta was composed.* 

A Spartan army, divided as above described, 
was drawn up in the dense array of the phalanx, 
the depth of which depended upon circumstances. 
An iva/xoria sometimes made but a single file, 
sometimes was drawn up in three or six files (C''7«, 
Xen. Rep. Lac. xi. § 4; Muller, iii. 12. §. 3, note a). 
At the battle of Mantineia the phalanx was eight 
deep, so that each enomotia made four files. (Thuc. 

v. 68 ; comp. Xen. Hellen. iii. 2. § 16, vi. 2. '§ 21.) 
At the battle of Leuctra it was twelve deep. 
(Xen. Hellen. vi. 4. § 12.) The enomotareh stood 
at the head of his file (-wpwrooTcLT-qs), or at the 
head of the right-hand file, if the enomotia was 
broken up into more than one. The last man was 
called ovpayds. It was a matter of great import- 
ance that he, like the enomotareh, should be a man 
of strength and skill, as in certain evolutions he 
would have to lead the movements. (Xen. Cyrop. 
iii. 3. § 41, &c.) The commander-in-chief, who 
was usually the king (after the affair of Demaratus 
and Cleomenes it was the practice not to send out 
both kings together, Herod, v. 75 ; but comp. 

vi. 73), had his station sometimes in the centre (as 
at Mantineia, Thuc. v. 72), more commonly (as at 
Leuctra) on the right wing. The deployments by 
which the arrangements of the phalanx were altered 
took place under the direction of the enomotareh. 
When the troops were drawn up in a line in the 
ordinary battle array, they were said to be e?ri 
<pa\ayyos. Supposing an enomotia to consist of 
twenty-five men, including its leader, and to be 
drawn up eight deep, the front line of the army 
would consist of 288. In an ordinary march the 
army advanced iirt Ktpois (or kcito, /cepas, Xen. 
Hellen. vii. 4. § 23), the first enomotia of the 
right wing filing off, and the rest in succession 
following it ; so that if the enomotia was drawn 
up in three or two files, the whole army would 
march in three or two files. The most usual ar- 
rangement was in two files. (Xen. Hellen. vii. 4. 
§ 22, iii. 1. § 22, Polyaen. ii. 1. § 10.) If an 
army in marching order had to form in phalanx, 
the movement began with the hindmost enomotia of 
the column, which placed itself on the left of (irap' 
aairiSas) and on a line with (els /xztuwoi/) the 
enomotia before it. These two then performed 
the same evolution with respect to the last but 
two, and so on, till all were in a line with the 



* Muller (Dorians, book iii. c. 3. § 7) talks of 
a ir6\is distinct from these K&ifxai. But the latter 
were certainly not mere suburbs, but component 
parts of Sparta itself (comp. Paus. iii. 16. § 9). 
Haase (I. c.) speaks of five divisions of the city be- 
sides Pitana, so that the six morae or lochi in the 
sense of Thucydides corresponded to these six 
divisions. For this arrangement, there seems no 
authority, except the statement of the scholiast on 
Aristoph. (Lys. 453), that there were six lochi at 
Sparta, five of which he names, one of the names 
being corrected conjecturally by Muller to Metro- 
<£tijs. But there seems here little more than a con- 
fused version of the division into six morae. 



first enomotia, which now, with the commander- 
in-chief at its head, occupied the extremity of the 
right wing. This evolution was called irapaywyr) 
(Xen. Rep. Lac. xi. § 6), a name also given to the 
reverse movement, when a phalanx had to fall into 
marching order, and to subordinate movements of 
the same kind for changing the depth of the 
phalanx. In the latter the evolutions were con- 
ducted on much the same principle. Thus, if the 
depth of the phalanx was to be diminished by half, 
the hinder portion of each enomoty marched for- 
wards and placed itself on the left of the half in 
front of it. Similarly, if the depth had to be in- 
creased, the left-hand portion of each enomotia 
faced about towards the right, took up its station in 
the rear, and then, facing to the left again, as- 
sumed their proper position. (Xen. Rep. Lac. xi. 
§ 8.) The facing to the right was always the 
usage, because if the evolution were performed in 
the face of an enemy, the shielded side could be 
presented towards him. Modifications of this 
evolution, conducted on the same principle, were 
employed if the depth had to be increased or 
diminished in any other proportion (comp. Xen. 
Anah. iv. 3. §26, iv. 6. § 6, Cyrop. ii. 3. §21). 
It is very likely that at those points of the files 
where in such evolutions they would have to 
separate, there were placed men suitable for taking 
their station in the front rank, where it was al- 
ways an object to get the best men. These would 
answer to the 8e/ca5apxoi and Trefj.Trd8apxoi of 
Xenophon. (Cyrop. ii. 1; comp. Hipparch. ii. § 6, 
iv. § 9.) If an enemy appeared in the rear, it was 
not enough that the soldiers should face about to- 
wards the enemy. The Spartan tactics required 
that the stoutest soldier should be opposed to the 
enemy. This was accomplished by the manoeuvre 
termed e^Xiy/j.6s. Of this there were three va- 
rieties : 1. The Macedonian. In this the leader of 
each file kept his place, only turning towards the 
enemy. The man behind him (67n<TTaT?js) re- 
treating and again taking up his station behind 
him, and so on. In this way the army retreated 
from the enemy by a distance equal to its depth. 
2. The Laconian (the one usually adopted by the 
Macedonian phalanx of Philip and Alexander). 
This was the reverse of the preceding, the rear 
man remaining stationary and the others advancing 
successively one before the other. In this way of 
course the army advanced against the enemy by a 
distance equal to its depth. 3. The Cretan. In 
this the leader and rearman, the second and last 
but two, and so on, changed places, so that the 
whole army remained at the same distance from 
the enemy. This species was also called x°P^ L0S 
(Haase ad Xen. Rep. Lac. xi. § 9. ; Muller, iii. 12. 
§ 8 ; Aelianus, Tact. 26, 27, 33.) These evolu- 
tions would of course leave the general on the left 
wing. If it was deemed expedient that he should 
be upon the right, it was not enough that he should 
simply remove from the left to the right, the whole 
army had to reverse its position, so that what was 
the left wing should become the right. This was 
effected by an exeligmus, termed (at least by the 
later tacticians), ££e\iyi).bs Kara (vya, as con- 
trasted with the i£e\tyij))s Kara, arixovs. If the 
army changed its front by wheeling round through 
a half circle, round one corner as a pivot, the 
movement seems to have been expressed by 
■wepnnva~(ftiv or avaTnvaoiiv. One more evolu- 
tion remains to be noticed. Suppose an enemy 



EXERCITUS. 

appeared on the right, while the amy was march- 
ing in column, two abreast. The different lochi 
wheeled round through a quadrant of a circle, 
round their leader, as on a pivot, so that the army- 
presented twenty-four columns to the enemy, con- 
sisting of two files each, and separated by a con- 
siderable interval from each other. The depth of 
the whole body was then lessened, and these in- 
tervals filled up by the ordinary paragoge, and by 
the different lochi siding up nearer to each other 
in case the intervals still remained too great. If 
it was necessary for the general to take his station 
on the right, this would be effected, as in other 
cases, by an 4£c\iyp6s. Similar manoeuvres took 
place if the enemy appeared on the left, though, 
as this was the shielded side of the soldiers, and 
the danger was consequently less, it was frequently 
thought sufficient to keep the enemy in check by 
means of the cavalry and light troops. (Xen. Rep. 
Lac. xi. § 10.) One point that a general had to be 
on his guard against wa3 the tendency of an army, 
when advancing ftrl <pd\ayyos, to sheer off towards 
the right, each man pressing closer to his right-hand 
neighbour in order to protect his unshielded side, 
so that the right wing frequently got beyond the 
left wing of the enemy. (See especially the ac- 
count of the battle of Mantineia, Thucyd. v. 71.) 
A slight consideration will shew that the analogy 
traced between the evolutions of an army and 
those of a chorus is by no means fanciful. One 
kind of (£tKiyii6s was even called x°P f ^ 0S - The 
importance attached to the war dances among the 
Spartans as a means of military training was con- 
sequently very great. [Chorus.] 

When an army was led to attack a height, it 
was usually drawn up in what were termed \6\oi 
opflioi, a term which merely implies that the lochi 
had greater depth than breadth (irapan-qKts piv 
Atytrai irav rdy/ia o av rb /ojkoj txV t^'OV tov 
fidOovs, upffiov Si b h.v to fidBos tov /j.T)kovs, Aelian. 
Tact. c. 29). The breadth of the lochi would, of 
course, vary according to circumstances. They 
were drawn up with considerable intervals between 
them. In this way the army presented a con- 
siderable front to the enemy, and was less liable to 
be thrown into confusion than if drawn up in close 
phalanx, while at the same time the intervals be- 
tween the lochi were not left so great that the 
enemy could safely press in between them. (Xen. 
Anab. iv. 2. § 11, 13, 8. § 10—19, v. 4. § 22, 
Cyrop. iii. 2. § 6, Anab. iv. 3, §17; Polyaen. 
Stmt. v. 16. § 1.) There is no ground for affirming 
that a A<5x°s vpBtos was drawn up in two files, or 
even one, as Sturz (Let. Xen.) says. Such an ar- 
rangement would be perfectly useless for attack. 
This system of arrangements, which formed some 
approximation to the Unman tactics, was nnt, how- 
ever, employed, except in the particular case men- 
tioned. 

In special circumstances, such as those of the 
retreating Greeks in the Anabasis, the arrange- 
ment in a hollow square was adopted, the troops 
being so placed that by simply facing about they 
presented a front for battle on whichever side it was 
necessary. The term irAaiVioc was applied to an 
army so arranged, whether square or oblong. 
Afterwards the term irAai<riof was restricted to 
the squnre, the oblong being called irKlvOiov. 

Though at first sight the arrangement and ma- 
noeuvres of a Lacedaemonian army seem exceed- 
ingly complex, they were in reality quite the 



EXERCITUS. 



485 



reverse, owing to the carefully graduated system 
of subordination which prevailed (ax^bv ydp toi 
irav rb (TTpaTo'ireSov twv AaKfSaifiOi/'ioiv dpxovres 
apx^vTicv fieri. Thuc. v. 66). The commands of 
the general were issued in the first place to the 
polemarchs, by these to the lochagi, by these 
again to the pentecosteres, by the latter to the 
enomotarchs, and by these last to their respective 
divisions. From the orderly manner in which this 
was done, commands were transmitted with great 
rapidity: every soldier, in fact, regulating the 
movements of the man behind him, every two 
being connected together as vpuToairaTTis and 
biiari.TtJS. 

In later times the king was usually accompanied 
by two ephors, as controllers and advisers. These, 
with the polemarchs, the four Pythii, three peers 
(o^ioioi), who had to provide for the necessities of 
the king in war, the laphyropolae and some other 
officers, constituted what was called the damosia 
of the king. (Xen. Rep. Lac. xiii. § 1, 7, xv. 
§ 14, Hcllen. iv. 5. § 8, vi. 4. § 14 • Plut. Lyc. 
22.) The polemarchs also had some sort of suite 
or staff with them, called ovp.<popus (Plut. Pclop. 
17 ; Xen. Hellen. vi. 4. § 14). With the excep- 
tion of the enomotarchs, the superior officers and 
those immediately about them, are not to be reck- 
oned with the division which they led. They stood 
distinct, forming what was called the b\ynp.a. 

The Spartan and Perioecian hoplites were ac- 
companied in the field by helots, partly in the 
capacity of attendants, partly to serve as light- 
armed troops. The number attached to an army 
was probably not uniform. At Plataeae each 
Spartan was accompanied by seven helots ; but 
that was probably an extraordinary case. One 
helot in particular of those attached to each Spartan 
was called his ibepdirav, and performed the func- 
tions of an armourer or shieldhcarer (Eustath. ad 
Dionys. Per. 533). Xenophon (Hcllen. iv. 5. 
§ 1 4, ii. § 39) calls them inrao-niaTai. (Comp. Herod, 
v. Ill ; MUller, Dor. iii. 3. § 2.) In extra- 
ordinary cases, helots served as hoplites, and in 
that case it was usual to give them their liberty 
(Thucyd. vii. 19, iv. 80, v. 34). Distinct corps 
were, sometimes, composed entirely of these Neo- 
damodes. A separate troop in the Lacedaemonian 
army was formed by the Sciritae (2nipiTai), ori- 
ginally, no doubt, inhabitants of the district Sciritis. 
In battle, they occupied the extreme left of the line. 
On a march, they formed the vanguard, and were 
usually employed on the most dangerous kinds of 
service. (Thuc. v. 67, with Arnold's note ; Xen. 
Cyrop. iv. 2. § 1 ; K. F. Hermann, § 29, note 13, 
infers from this passage that they were cavalry, 
an inference which is certainly not necessary, and 
is contradicted by MUller, Manso, Haase, Thirl- 
wall, Arnold, &c.) 

The arms of the phalanx consisted of the long 
spear and a short sword (£vi\Xi\). The chief part 
of the defensive armour was the large brazen 
shield, which covered the body from the shoulder 
to the knee (Tyrtaeus, fr. ii. 23), suspended, as in 
ancient times, by a thong ronnd the neck, and 
managed by a simple handle or ring (Trd/maf). 
The improved Carian handle (!>xdtnri) was not in- 
troduced till the time of C'leomenes III. Resides 
this, they had the ordinary armour of the hnplite 
[Ahma|. The heavy-armed soldiers wore a 
scarlet uniform (Xen. Rrp. Iaic. xi. 8 3, Ages. ii. 
7). The Spartan encampment* were circular, 
i i 3 



486 



EXERCITUS. 



EXERCITUS. 



Only the heavy-armed were stationed within it, 
the cavalry being placed to look out, and the helots 
being kept as much as possible outside. As 
another precaution against the latter, every soldier 
was obliged always to carry his spear about with 
him. (Xen. Rep. Lac. xii.) Though strict disci- 
pline was, of course, kept up in the camp, it was 
less rigorous than in the city itself (Plut. Lyc. 22, 
comp. Herod, vii. 208). Preparatory to a battle 
the Spartan soldier dressed his hair and crowned 
himself as others would do for a feast. The signal 
for attack in ancient times was given by priests of 
Ares (wp(p6poi), who threw lighted torches into 
the interval between the two armies (Schol. ad 
Eurip. Phoen. 1186). Afterwards it was given 
not by the trumpet, but by the music of flutes, 
and sometimes also of the lyre and cithara, to 
which the men sang the battle song (Venae i/xSa- 
T-ftpios). (Paus. iii. 1 7. § 5 ; Plut. I. c.) The object 
of the music was not so much to inspirit the men, 
as simply to regulate the march of the phalanx 
(Thuc. v. 70). This rhythmical regularity of 
movement was a point to which the Spartans at- 
tached great importance. A sacrifice was offered 
to the Muses before a battle, as also to Eros (Plut. 
Aristid. 17). To prevent the ranks being broken 
the soldiers were forbidden to stop in order to 
strip a slain enemy while the fight lasted, or to 
pursue a routed enemy. The younger hoplites or 
the cavalry or light-armed troops were despatched 
for this purpose (Xen. Hellen. iv. 4. § 16, v. 14. 
§ 16). All the booty collected had to be handed 
over to the laphyropolae and ephors, by whom it 
was sold. 

The rigid inflexibility of the Spartan tactics 
rendered them indisposed to the attack of fortified 
places. At the battle of Plataeae, they even as- 
signed to the Athenians the task of storming the 
palisade formed by the yippa of the Persians. 

In Athens, the military system was in its lead- 
ing principles the same as among the Spartans, 
though differing in detail, and carried out with less 
exactness ; inasmuch as when Athens became 
powerful, greater attention was paid to the navy. 
Of the times before Solon, we have but little in- 
formation. We learn that there were twelve 
phratriae, and in each of these four naucrariae, 
each of which was bound to furnish two horsemen 
and one ship. Of the four classes into which the 
citizens were arranged by the constitution of Solon, 
the citizens of the first and second served as ca- 
valry, or as commanders of the infantry (still it 
need not be assumed that the nnreTs never served 
as heavy-armed infantry), those of the third class 
((evylrai) formed the heavy-armed infantry. The 
Thetes served either as light-armed troops on land, 
or on board the ships. The same general principles 
remained when the constitution was remodelled 
by Cleisthenes. The cavalry service continued to 
be compulsory on the wealthier class (Xen. Oecon. 
ii. 6 ; Lycurg. Leocr. § 139). All citizens quali- 
fied to serve either as horsemen, or in the ranks of 
the heavy-armed infantry, were enrolled in a list 
[Catalogue]. The case of Thetes serving as 
heavy-armed soldiers is spoken of as an exception 
to the general rule ; and even when it was the 
case, they were not enrolled in the catalogus. 
(Thucyd. vi. 43.) Every citizen was liable to 
service from his eighteenth to his sixtieth year. 
On reaching their eighteenth year, the young citi- 
zens were formally enrolled els tV Krj^iapx^Kov 



ypajiixaTtiov, and received a shield and spear in a 
public assembly of the people, binding themselves 
by oath to perform rightly the duties of a citizen 
and a soldier (Aristot. ap. Harpocr. p. 241 ; Her- 
mann, I. c. § 123). During the first two years, 
they were only liable to service in Attica itself, 
chiefly as garrison soldiers in the different fortresses 
in the country. During this period, they were 
called ireptTToAoi. (Harpocr. s. v. 7repi7roAos ; 
Pollux, viii. 105 ; Lycurg. Leocr. § 76.) Accord- 
ing to some authorities, this service was also called 
a-Tpareia iv tois fxepetri (Wachsmuth, I. c. vol. i. 
§ 56, note 45). The levies were made under the 
direction of the generals [Strategi]. The 
soldiers were selected either according to age, as 
among the Spartans (Aristot. ap. Harpocr. s.v. 
CTpareia and Phot. s. v. CTparia : orav rj\ndav 
iKwe/ATraxrt, Trpoo~ypd<povm airb rivos apxovTos 
iiravifiov fiixP 1 flvos 5ei (rrpareveffBai ; the 
archons being, of course, those in whose year of 
office they had entered the military service), when 
the expeditions were called e£o8oi iv tois i-navv- 
yttoiy, or else according to a certain rotation (Aesch. 
F. L. p. 330, toss e/c SiaSoxTjs i£65ovs). The ser- 
vices of those below or above the ordinary military 
age, were only called for on emergencies, or for 
guarding the walls. (Comp. Thuc. i. 105, ii. 13.) 
Members of the senate during the period of their 
office, farmers of the revenue, choreutae at the 
Dionysia during the festival ; in later times, traders 
by sea also, were exempted from military service. 
(Lycurg. Leocr. § 164 ; Demosth. Neaer. p. 1353, 
Meid. p. 516; Aristoph. Eccles. 1019, with the 
Schol.) Any one bound to serve who attempted 
to avoid doing so, was liable to a sentence of 
ann'ia. The resident aliens commonly served as 
heavy-armed soldiers, especially for the purpose of 
garrisoning the city. They were prohibited from 
serving as cavalry (Thuc. ii. 13, 31, iv. 90 ; Xen. 
de Vect. ii. § 5, Hipparch. ix. § 6). Slaves were 
only employed as soldiers in cases of great neces- 
sity, as at Marathon (according to Paus. i. 32. 
§ 33), and Arginusae (Xen. Hellen. i. 6. § 17). 

Of the details of the Athenian military organi- 
sation, we have no distinct accounts as we have 
of those of Sparta. The heavy-armed troops, as 
was the universal practice in Greece, fought in 
phalanx order. They were arranged in bodies in 
a manner dependent on the political divisions of 
the citizens. The soldiers of each tribe formed a 
separate body in the army, also called a tribe, and 
these bodies stood in some preconcerted order 
(Herod, vi. Ill ; Plut. Arist. 5 ; Thuc. vi. 98 ; 
Xen. Hellen. iv. 2, § 19, with Schneider's notes). 
It seems that the name of one division was Tct£is, 
and of another Ao^os, but in what relations these 
stood to the (pvX-ri, and to each other, we do not 
learn, unless Xenophon's expressions (Cyrop. ii. 1. 
§ 4) may be looked upon as indicating that the 
ra|iy contained four lochi, and consisted of one 
hundred men. (Comp. Xen. Mem. iii. 4. § 1 ; 
Pollux, viii. § 114 ; Lysias pro Mantitheo, § 15, 
&c.) Every hoplite was accompanied by an at- 
tendant (iiT7]peT7)s, Thuc. iii. 17), to take charge of 
his baggage, and carry his shield on a march. 
Each horseman also had a servant, called nnro- 
k6[ios, to attend to his horse (Thuc. vii. 75, 78 ; 
Xen. Hellen. ii. 4). 

It would appear, that before the time of Solon 
the cavalry which the Athenians could muster 
was under 100. In the time of Cimon it was 



EXERCITUS. 



EXERCITUS. 



487 



300, and soon after, GOO (Andoc. de Pace, p. 92 ; 
Schol. Aristoph. Eipiit. 577, 624) ; at the begin- 
ning of the Peloponnesian war, 1200, of whom 
200 seem to have been hired Scythian bowmen 
(Thuc. ii. 13, v. 84, tL 94). Besides the light- 
armed soldiers drawn from the ranks of the 
poorer citizens, there was at Athens a regiment 
of Thracian slaves, armed with bows. The 
number of these increased from 300, who were 
purchased after the battle of Salamis, to ] 000 or 
1200 (Aeschin. de /ah. Let}, p. 335, 33G ; Bockh, 
Public Earn, of Ath. book ii. c. 1 1). These, how- 
ever, were generally employed as a sort of police 
or city guard. Besides these, however, the Athe- 
nians had a troop of bowmen of their own citizens, 
amounting, at the beginning of the Peloponnesian 
war, to 1000 (Thuc. ii. 13 ; Bockh, I.e. ii. c.21). 

For the command of the army, there were 
chosen every year ten generals [Strategi], and 
ten taxiarchs [Taxiarchi], and for the cavalry, 
two hipparchs (fanrapx 01 ) and ten phylarchs (<pv- 
\apxoi). Respecting the military functions of the 
ipx av iro\4napxos, see the article Archox. The 
number of strategi sent with an army was not 
uniform. Three was a common number. Some- 
times one was invested with the supreme com- 
mand ; at other times, they cither took the com- 
mand in turn (as at Marathon), or conducted 
their operations by common consent (as in the 
Sicilian expedition). (Xen. Hiyiparch. i. § 8 ; 
DemORth. l'hil. i. § 26 ; Pollux, viiL § 87 ; Schu- 
mann, de Com. Atli. pp. 31 3 — 315.) 

The practice of paying the troops when upon 
service was first introduced by Pericles (Ulpian. 
ad Demosth. trtpl (Tvmd£. p. 50, a). The pay con- 
sisted partly of wages (111060s), partly of provi- 
sions, or, more commonly, provision-money ((Tittj- 
p(owv). The ordinary fiio66s of a hoplite was 
two obols a day. The an-qptaiov amounted to 
two obols more. Hence, the life of a soldier was 
called, proverbially, mpwS6Kov filos (Eustath. ad 
Od. p. 1405, ad II. p. 951). Higher pay, how- 
ever, was sometimes given, as at the siege of Poti- 
daea the soldiers received two drachmae apiece, 
one for themselves, the other for their attendants. 
This, doubtless, included the provision-money 
(Thuc. iiL 17). Officers received twice as much ; 
horsemen, three times ; generals, four times as 
much (comp. Xen. Anab. vii. 6. § 1,3. § 9). The 
horsemen received pay even in time of peace, that 
they might always be in readiness, and also a sum 
of money for their outfit (KariaTaats, Xen. Hi],, 
parch, i. § 19 ; K. F. Hermann, § 152, note 19). 
They were reviewed from time to time by the 
senate (Xen. Hipporch. Hi. § 9, Occon. ix. 15). 
Before entering the service, both men and horses 
had to undergo an examination before the hip- 
parchs, who also had to drill and train them in 
time of peace. The horses of the heavy-armed 
cavalry were protected by defensive armour. 

As regards the military strength of the Athe- 
nians, we find lO.DUl) heavy -anni'd soldiers at 
Marathon, 8,000 heavy armed, and as many light 
armed at Platneac ; and at the beginning of the 
Peloponnesian war there were 1 3,000 heavy armed 
ready for foreign service, and 1 6,000 consisting of 
those beyond the limits of the ordinary military 
age and of the metocci, for garrison service. 

It wns the natural result of the national charac- 
ter of the Athenians and their democratical con- 
stitution, that military discipline was much less 



stringent among them than among the Spartans 
(xaA« r <u "yap at ifiirepai (pvaeis ap^at, Thuc. 
vii. 14), and after defeat especially it was often 
found extremely difficult to maintain it The 
generals had some power of punishing military 
offences on the spot, but for the greater number of 
such offences a species of court-martial was held, 
consisting of persons who had served in the army 
to which the offender belonged, and presided over 
by the strategi (Lysias, Adv. Ale. § 5, 6 ; Plato, 
Leg. xii. 2. p. 943 ; K. F. Hermann, /. c. § 146, 
153 ; Meier and Schumann, der Attische Process, 
pp. 133, 363 — 366). Various rewards also were 
held out for those who especially distinguished 
themselves for their courage or conduct, in the 
shape of chaplets, statues, &c In connection with 
these the \6yos iirndtyios, spoken over those who 
had fallen in war, must not be omitted. Respect- 
ing the provision made for those who were dis- 
abled in war, see the article Adunati. 

The Peltastae (ircATocrTai'), so called from the 
kind of shield which they wore [Pelta], were a 
kind of troops of which we hear very little before 
the end of the Peloponnesian war. The first time 
we have any mention of them is in Thuc. iv. Ill, 
where they are spoken of as being in the army of 
Brasidas. With the more frequent employment 
of mercenary troops a greater degree of attention 
was bestowed upon the peltastae ; and the Athe- 
nian general Iphicrates introduced some important 
improvements in the mode of arming them, com- 
bining as far as possible the peculiar advantages of 
heavy (inrKnat) and light armed (<|<iAoi) troops. 
He substituted a linen corslet for the coat of mail 
worn by the hoplites, and lessened the shield, while 
he doubled the length of the spear and sword. He 
even took the pains to introduce for them an im- 
proved sort of shoe, called after him 'I(pi(cpaTi'5f s 
(Pollux, vii. 89). This equipment was very com- 
monly adopted by mercenary troops, and proved 
very effective. The almost total destruction of a 
mora of Lacedaemonian heavy-armed troops by a 
body of peltastae under the command of Iphicrates 
was an exploit that became very famous. (Xen. 
HeUen. iv. 5. § 11.) Thcpeltast style of arming 
was general among the Achaeans until Philo- 
poemen again introduced heavy armour. (Pint. 
Phdnp. 9 ; Lot. xlii. 55.) 

When the use of mercenary troops became 
general, Athenian citizens seldom served except as 
volunteers, and then in but small numbers. Thus 
we find 10,000 mercenaries sent to Olynthus with 
only 400 Athenians (Demosth. de /ah. Leg. 
p. 425). With 15,000 mercenaries sent against 
Philip to Chaeroneia, there were 2000 citizens (De- 
mosth. de Cor. p. 306). It became not uncommon 
also for those bound to serve in the cavalry to 
commute their services for those of horsemen hired 
in their stead, and the duties of the iwirorpoipia 
were ill executed. The employment of mer- 
cenaries also led in other respects to considerable 
alterations in the military system of Greece. W ar 
came to be studied as an art, and Qnek generals, 
rising above the old simple rules of warfare, be- 
came tacticians. The old method of arranging 
the troops, a method still retained by Agesilaui 
at the battle of Conuiea, was to draw up the 
opposing armies in two parallel lines of greater 
or less depth, according to the strength of the 
forces, the engagement commenting usually very 
nearly at the same moment in all parts of the line. 



488 



EXERCITUS. 



EXERCITUS. 



The genius of Epaminondas introduced a complete 
revolution in the military system. He was the 
first who adopted the method of charging in co- 
lumn, concentrating his attack upon one point of 
the hostile line, so as to throw the whole into con- 
fusion by breaking through it. For minute details 
the reader is referred to the account of the battle 
of Mantineia (Xen. Helkn. vii. 5. § 22 ; comp. vi. 
4. § 12). It seems from the description that the 
troops were drawn up in a form somewhat like 
a wedse. 

Philip, king of Macedonia, is sometimes spoken 
of by Greek writers as the inventor of the phalanx. 
It is probable enough that he was the first to 
introduce that mode of organisation into the army 
of Macedonia, and that he made several improve- 
ments in its arms and arrangement, but the pha- 
lanx was certainly not invented by him. The 
spear (adpuraa or crdpicra), with which the soldiers 
of the Macedonian phalanx were armed, was ordi- 
narily 24 feet long ; but the ordinary length was 
21 feet (Polyb. xviii. 12 ; Aelian. Tact. 14), and 
the lines were arranged at such distances that the 
spears of the fifth rank projected three feet beyond 
the first, so that every man in the front rank was 
protected by five spears. The men in the ranks 
further back rested their spears on the shoulders 
of those in front of them, inclining them upwards, 
in which position they, to some extent at least, 
arrested the missiles that might be hurled by the 
enemy. Besides the spear they carried a short 
sword. The shield was very large and covered 
nearly the whole body, so that on favourable 
ground an impenetrable front was presented to the 
enemy. The soldiers were also defended by hel- 
mets, coats of mail, and greaves ; so that any 
thing like rapid movement was impossible. When 
in dense battle array (irvKvacris or ttvkv6t7]s), 
three feet were allowed for each man, and in this 
position their shields touched (crvvao-wHTuds, Polyb. 
I. c. ; Aelian, Tact. c. 11. gives six feet for each 
man in the ordinary arrangement, three feet for 
the irtiKvoxris or dense battle array, and one and a 
half feet for the <ruca<nn<7 J uo'f). On a march six 
feet were allowed for each man. The ordinary depth 
of the phalanx was sixteen, though depths of eight 
and of thirty- two are also mentioned. (Polyb. I. c. 
comp. xii. 19 — 21.) Each file of sixteen was called 
Ao^os. It is difficult to say what reliance is to be 
placed upon the subdivisions mentioned by the 
tacticians Aelian, &c. as connected with the pha- 
lanx of Philip, though they may have been usual 
in later times. According to them each higher 
division was the double of the one below it. Two 
lochi made a diloclria; two dilochiae made a re- 
Tpapx'a, consisting of sixty-four men ; two te- 
trarchies made a talis; two Ta£e(S a (TvvTayjxa or 
^evayia, to which were attached five supernumeraries, 
a herald, an ensign, a trumpeter, a servant, and an 
officer to bring up the rear (ovpay6s) ; two syntag- 
mata formed a pentacosiarchia, two of which made 
a x'^ la PX' a i containing 1024 men ; two chi- 
liarchies made a teAos, and two teAi) made a pha- 
langarchia or phalanx in the narrower sense of the 
word, the normal number of which would there- 
fore be 4096. It was commanded by a polemarch 
or strategus ; four such bodies formed the larger 
phalanx, the normal number of which would be 
1 6,384. When drawn up, the two middle sections 
constituted what was termed the ip.(paX6s, the 
others being called Ktpara or wings. The phalanx 



soldiers in the army of Alexander amounted to 
18,000, and were divided not into four, but into 
six divisions, each named after a Macedonian pro- 
vince, from which it was to derive its recruits. 
These bodies are oftener called rd^eis than <pd\ayyes 
by the historians, and their leaders taxiarchs or 
strategi. The phalanx of Antiochus consisted of 
16,000 men, and was formed into ten divisions 
(Jiipy)) of 1600 each, arranged 50 broad and 32 
deep (Appian, Syr. 32 ; Liv. xxxvii. 40). 

In the general principles of its arrangement and 
the modes of altering its form, the Macedonian 
phalanx resembled the Lacedaemonian, though 
the late tacticians do not always describe the 
movements by the same technical terms as Xeno- 
phon. The Macedonian phalanx, however, altered 
its form with great difficulty. If an attack on the 
flanks or rear was apprehended, a separate front 
was formed in that direction, if possible before the 
commencement of the fight. Such a double pha- 
lanx, with two fronts in opposite directions, was 
called (pdKayl a/xtpiaTOfj-os. To guard against 
being taken in flank, the line was bent round, 
forming what was called the iiriKdjx-nws rd^is. 
The cavalry or light troops were not unfrequently 
employed for this purpose, or to protect the rear 
(comp. Arrian, Anab. ii. 9, iii. 12 ; Polyb. xii. 
21). Respecting the relative advantages and dis- 
advantages of the Roman legion and the phalanx, 
there is an instructive passage in Polybius (xviii. 
12, and comp. xii. 19, &c). The phalanx, of 
course, became all but useless, if its ranks were 
broken. It required, therefore, level and open 
ground, so that its operations were restricted to 
very narrow limits ; and being incapable of rapid 
movement, it became almost helpless in the face of 
an active enemy, unless accompanied by a suffi- 
cient number of cavalry and light troops. 

The light armed troops were arranged in files 
(\6xoi) eight deep. Four lochi formed a avaraats, 
and then larger divisions were successively formed, 
each being the double of the one below it ; the 
largest (called iirlTayp-a), consisting of 8192 men. 
The cavalry (according to Aelianus), were ar- 
ranged in an analogous manner, the lowest division 
or squadron (i"A?)), containing 64 men, and the 
successive larger divisions being each the double 
of that below it ; the highest (€7rn-ay/xa) contain- 
ing 4096. ' 

Both Philip and Alexander attached great im- 
portance to the cavalry, which, in their armies, 
consisted partly of Macedonians, and partly of 
Thessalians. The Macedonian horsemen were the 
flower of the young nobles. They amounted to 
about 1 200 in number, forming eight squadrons, 
and, under the name 'iraipoi, formed a sort of 
body-guard for the king. The Thessalian cavalry 
consisted chiefly of the elite of the wealthier class 
of the Thessalians, but included also a number of 
Grecian youth from other states. There was also 
a guard of foot-soldiers (iiraa-iria-Tai), whom we 
find greatly distinguishing themselves in the cam- 
paigns of Alexander. They seem to be identical 
with the 7re£<=Taipoi, of whom we find mention. 
They amounted to about 3000 men, arranged in 
six battalions (rc^eis). There was also a troop 
called Argyraspids, from the silver with which 
their shields were ornamented. [Argyraspides.] 
They seem to have been a species of peltastae. 
Alexander also organised a kind of troops called 
5i|Udx<t<, who were something intermediate be- 



EXERCITUS. 



EXERCITUS. 



489 



f.vecn cavalry and infantry, being designed to fight 
on horseback or on foot, as circumstances required. 

It is in the time of Alexander the Great, that 
wc first meet with artillery in the train of a 
Grecian army. His balistae and catapeltae were 
frequently employed with great effect, as, for in- 
stance, at the passage of the Jaxartes (Arrian. it. 
4. § 7). After the invasion of Asia also ele- 
phants began to be employed in connection with 
Grecian armies. (Miiller, Dorians, book iii. c. 12 ; 
W'achsmath, Hellenisc/ie Alierthumtkunde, book vi. ; 
K. F. Hermann, Griech. Sfuitwlterth. § 29, 30, 
152 ; Haase in Ersch and Gnibcr's Encyclop. 
art. Phalanx ; Heeren's Reflections, &c. Ancient 
Greece, c. xii. ; Bockh's PuUic Economy of Athens, 
c. xxi. xxii.) [C. P.M.] 

2. Roman. In the present article we shall 
attempt to present a view of the constitution of a 
Roman army at several remarkable epochs, and to 
point out in what respect the usages of one age 
differed most conspicuously from those of another, 
abstaining most carefully from those general state- 
ments which in many works upon antiquities are 
enunciated broadly, without reference to any spe- 
cified time, as if they were applicable alike to the 
reign of Tarquin and to the reign of Valcntinian, 
including the whole intermediate space within 
their wide sweep. 

Our authorities will enable us to form a con- 
ception, more or le3s complete, of the organisation 
of a Roman army at five periods : — 

1. At the establishment of the comitia centuriata 
by Servius. 

2. About a century and a half after the expul- 
sion of the kings. 

3. During the wars of the younger Scipio, when 
the discipline of the troops was, perhaps, more 
perfect than at any previous or subsequent era ; and 
here, fortunately, our information is most complete. 

4. In the times of Marius, Sulla, and Julius 
Caesar. 

5. A hundred and fifty years later, when the 
empire had reached its culminating point under 
Trajan and Hadrian. 

Beyond this, wc shall not seek to advance. 
After the death of M. Aurclius, we discern nought 
save disorder, decay, and disgrace ; while an in- 
quiry into the complicated arrangements introduced 
when every department in the state was remodel- 
led by Diocletian and Constantino, would de- 
mand lengthened and tedious investigation, and 
would prove of little or no service to the classical 
student. 

Authorities. The number of ancient writers 
now extant, who treat professedly of the military 
affairs of the Romans, is not great, and their works 
arc, with one or two exceptions, of little value. 
Incomparably the most important i3 Potgbiui, 
who in a fragment preserved from his sixth book, 
presents us with a sketch of a Roman army at 
the time when its character stood highest, and its 
discipline was most perfect. This, so far as it 
reaches, yields the best information wc could desire. 
The tract irtpt arpar-nyiKwv rd^fwi) 'EAAtjpikou' 
of Aelianus who flourished under Nerva, belongs, 
as the title implies, to Greek tactics, but con- 
tains nlso n brief, imperfect, and indistinct ac- 
count of a Roman army. The tix*i\ toktikti of 
Arrian, governor of Cappadocia under Hadrian, 
is occupied in a great measure with the ma- 
noeuvres of the phalanx, to which is subjoined a 



minute practical exposition of the preliminary 
exercises by which the Roman cavalry were 
trained ; to Arrian, likewise, we are indebted for 
a very interesting fragment entitled ckto^is kclt 
'A.Xavwv, supposed to be a portion of his lost 
history, which bore the name 'AXaviKa, consist- 
ing of instructions for the order of march to be 
adopted by the force despatched against the Scy- 
thians, and for the precautions to be observed in 
marshalling the line of battle. This piece taken 
in connection with the essay of Hyyinus, of which 
wc have spoken under Castra, will assist us 
materially when we seek to form a distinct idea 
of the constitution of a Roman army in the early 
part of the second century. It remains for us to 
notice the Latin " Scriptores de Re Militari,'' 
Fruiitinus, Modestus, and Vegetius. The Sirute- 
gematica of the first, who lived under Vespasian, 
is merely a collection of anecdotes compiled with- 
out much care or nice discrimination, and presents 
very little that is available for our present purpose ; 
the Libellus de Vocabidis Iiei Milituris of the 
second, addressed to the emperor Tacitus, affords a 
considerable number of technical terms, but is in 
such a confused state, and so loaded with interpola- 
tions, that we can employ it with little confidence ; 
the Iiei Militaris Instituta of the third, dedi- 
cated to the younger Valcntinian, is a formal treatise 
drawn up in an age when the ancient discipline of 
Rome was no longer known, or had, at least, fallen 
into desuetude ; but the materials, we are assured 
by the author himself, were derived from sources 
the most pure, such as Cato the Censor, Cornelius 
Cclsus, and the official regulations of the earlier 
emperors. Misled by these specious professions, 
and by the regularity displayed in the distribution 
of the different sections, many scholars have been 
induced to adopt the statements here embodied 
without hesitation, without even asking to what 
period they applied. But when the book is sub- 
jected to critical scrutiny, it will be found to be 
full of inconsistencies and contradictions, to mix 
up into one confused and heterogeneous mass the 
systems pursued at epochs the most remote from 
each other, and to exhibit a state of things which 
never did and never could have existed. Hence, 
if we are to make any use at all of this farrago, 
we must proceed with the utmost caution, and 
ought to accept the novelties which it offers, merely 
in illustration or confirmation of the testimony of 
others, without ever permitting them to weigh 
against more trustworthy witnesses. 

But while the number of direct authorities is 
very limited, much knowledge may be obtained 
through a multitude of indirect channels. Not 
only do the narratives of the historians of Roman 
affairs abound in details relating to military opera- 
tions, but there is scarcely a Latin writer upon 
any topic, whether in prose or verse, whose pages 
are not filled with allusions to the science of war. 
The writings of the jurists also, inscriptions, 
medals, and monuments of art communicate much 
that is curious and important ; but even after wc 
have brought together and classified alt these 
scattered notices, wc shall have to regret that 
there arc many things left in total darkness, and 
many upon which the assertions of different wri- 
ters cannot by any dexterity be reconciled in a 
satisfactory manner. Wc shall endeavour to ex- 
pound in each cose those views which arc sup- 
ported by the greatest amount of credible evidence, 



4.90 



EXERCITUS. 



EXERCITUS. 



without attempting to discuss the various points 
upon which controversies have arisen. 

Among the writings of modern scholars we 
ought to notice specially the dialogues " De Mi- 
litia Romana" by the learned and indefatigable 
Lipsius, in which the text of Polybius (vi. 19, 
42), and a chapter in Livy (viii. 8) serve as a 
foundation for a great superstructure of illustration 
and supplementary matter ; nor must we forget the 
" Poliorcetica " of the same author, which may be 
regarded as a continuation of the preceding. The 
posthumous dissertation of Sulmasius " De Re mi- 
litari Romanorum," which displays the deep read- 
ing, mixed up with not a little of the rashness, of 
that celebrated critic, is well worthy of perusal, 
and will be found in the " Corpus Antiquitatum 
Romanarum " of Graevius, vol. x. p. 1284. The 
same volume includes the admirable commentary 
of Schelius on Hyginus, his notes on Polybius, 
together with essays on various topics connected 
with Roman warfare by Boeclerus, Robeiicllus, 
Erycius Puieanus, M.A. Causeus (De la Chausse), 
Pelrus Ramus, &c. A most elaborate series of 
papers by M. Le Beau is printed in the twenty- 
fifth and several succeeding volumes of the " Me'- 
moires de I'Academie des Inscriptions et Belles 
Lettres ;" and although we are far from acquiescing 
in all the conclusions at which he arrives, it is im- 
possible to deny that in so far as facts are con- 
cerned, he has almost exhausted every topic on 
which he has entered, and we cannot but lament 
that he should not have completed the design 
which he originally sketched out. "We may 
consult with profit Folard's " Commentaire," at- 
tached to the French translation of Polybius, by 
the Benedictine Vincent Thuillier, 6 torn. 4to, 
Amst. 1729 ; Guischard, " Memoires Militaires 
sur les Grecs et les Romains," 2 torn. 4to, La 
Haye, 1757, and " Me'moires Critiques et His- 
toriques sur Plusieur3 Ponts et Antiquites Mili- 
taires," 4 torn. 4to, Berlin et Paris, 1 775 ; 
Vaud.oncourt, " Histoire des Campagnes d'Han- 
nibal en Italie," 3 torn. 4to, Paris, 1812 ; Roy, 
"Tviilitary Antiquities of the Romans in Britain," 
fol. Lond. 1793 ; Nasi, " Rbmische Kriegsalter- 
thiimer," 8vo, Halle, 1782 ; Lohr, " Ueber die 
Tactile und das Kriegswesen der Griechen und 
Romer," 8vo. Kempt. 1825 ; Lehner, " De Re- 
publica Romana sive ex Polybii Megalop. sexta 
Historia Excerpta," 8vo. Salzb. 1823. 

General Remarks on the Legion. 

The name Legio is coeval with the foundation 
of Rome, and always denoted a body of troops, 
which, although subdivided into several smaller 
bodies, was regarded as forming an organised 
whole. It cannot be held to have been equivalent 
to what we call a regiment, inasmuch as it con- 
tained troops of all arms, infantry, cavalry, and, 
when military engines were extensively employed, 
artillery also ; it might thus, so far, be regarded as 
a complete army, but on the other hand the num- 
ber of soldiers in a legion was fixed within certain 
limits, never much exceeding 6000, and hence 
when war was carried on upon a large scale, a 
single army, under the command of one general, 
frequently contained two, three, or more legions, 
besides a large number of auxiliaries of various 
denominations. In like manner the legion being 
complete within itself, and not directly or neces- 
sarily connected with any other corps, cannot be 



I translated by battalion, division, detachment, nor 
any other term in ordinary use among modern 
tacticians. Ancient etymologists agree in deriving 
legio from legere to choose (Varr. L. L. v. § 87, 
vi. §66. ed. Miffler ; Plut. Rom. 13 ; Non. Mar- 
cell, i. s. v. legionum ; Modest, de Voeabl. R. M. ; 
Isidor. Orig. ix. 3. § 46), and the name endured 
as long as the thing itself. Le Beau and others 
are mistaken when they assert that in Tacitus, and 
the writers who followed him, the word numeri is 
frequently substituted for legio, for it will be seen 
from the passages to which we give references 
below, that numeri is used to denote either the 
different corps of which a legion was composed, or 
a corps generally, without any allusion to the 
legion (Tac. Hist. i. 6, 87. Agric. 18, comp. Ann. 
ii. 80, Hist. ii. 69 ; Plin. Ep. iii. 8, x. 38 ; Vopisc. 
Prob. 14 ; Ulpian. in Dig. 3. tit. 3. s. 8. § 2 ; 29. 
tit. 1. s. 43, &c. &c. See below the remarks on 
the Cohors). 

In the Scriptures of the New Testament, in 
Plutarch (e.g. Rom. 13, 20), and elsewhere, we 
meet with the Grecized word AeyeW, but the 
Greek writers upon Roman affairs for the most 
part employ some term borrowed from their own 
literature as an equivalent ; and since each con- 
sidered himself at liberty to select that which he 
deemed most appropriate or which suggested itself 
at the moment, without reference to the practice 
of those who had gone before him, and without 
endeavouring to preserve uniformity even within 
the bounds of his own writings, we not only find a 
considerable variety of words used indiscriminately 
as representatives of Legio, but we find the same 
author using different words in different passages, 
and, what is still more perplexing, the same word 
which is used by one author for the legion as a 
whole is used by others to indicate some one or 
other of the subdivisions. The terms which we 
meet with most commonly are, o-TpaToVeSov, cpa- 
Aay£, rdyfxa, TeAos, less frequently arpdrev/xa and 
reixos. Polybius in those chapters which are de- 
voted exclusively to a description of the legion 
uniformly designates it by CTpaTdireSou, which he 
sometimes applies to an army in general (e. g. ii. 
73, 86), while by others it is usuallj' employed 
to denote a camp (castra). Again Polybius gives 
a choice of three names for the maniple, arjfia'ia, 
o-Kelpa, and rdy/xa, but of these the first is for the 
most part introduced by others as the translation of 
the Latin vexillum, the second almost uniformly as 
equivalent to cohors, and the third, although of wide 
acceptation, is constantly the representative of legio. 
Dionysius uses sometimes, especially in the earlier 
books of his history, <pd\ay£ (e. g. v. 67), some- 
times rdy/xara (e. g. vi. 45, ix. 10, 13), or cn-pa- 
Tiwriica rdyp.ara (vi. 42), and his example is fol- 
lowed by Josephus (B. J. iii. 5. § 5 ; 6. § 2) ; 
Appian adopts TeAos (e. g. Annib. 8, B. C. ii. 76, 
79, 96, iii. 45, 83, 92, iv. ] 15) ; Plutarch within 
the compass of a single sentence (M. Anton. 18) 
has both rdyixwra and tsAij ; Dion Cassius, when 
speaking of the legions in contradistinction to the 
household troops, calls them in one passage t& 
iroAiTi/ca <rTpaTd'7re5ci (xxxviii. 47), in another 
Tei'x?) 7w 6« KaTa\6yov arparevofitvav (lv. 24), 
and where no particular emphasis is required, we 
find arpdrevfia (to SeicaTov aTpdr^v/xa, xxxviii. 
47, xl. 65), Te?xos (toD TfTapTou rod ~Zkv8ikov 
Tt'iXovs, lxxix. 7), ffrpar&TrtSov (xxxviii. 46, xl. 
65, 66), and <tt par divtoov iu Kojra\6yov (xl. 27 



EXERCITUS. 



EXERCITL'S. 



491 



comp. xL 18), whence the legionaries are styled 
oi 4k tov KaTaX&you arpaTevonevoi (lv. "24, liL 22, 
Ilx. 2), or simply KaTa\(y6fievoi (liv. 25). 

Neither Livy nor Dionysius notice the first es- 
tablishment of the legion, hut they both take for 
granted that it existed from the very foundation of 
the city, while Varro (L. L. v. § 89) and Plutarch 
(Horn. 13) expressly ascribe the institution to 
Romulus. The latter speaks of the band led by 
Romulus against Amulius as being divided into 
centuries (Svrafitv (ruAAeAoxio>«Vni> «s ina.ro- 
ot6oli), giving at the same time the origin of the 
term maniple, and the former states that Romulus, 
to establish his legion, took 1000 men from each 
tribe. 

Constitution of the Legion. The legion for many 
centuries was composed exclusively of Roman 
citizens. By the ordinances of Servius Tullius 
those alone who were enrolled in the five classes 
were eligible, and one of the greatest changes in- 
troduced by Marius was the admission of all 
orders of citizens, including the lowest, into the 
ranks. (Sail. Jug. 86 ; Plut. Mar. 9 ; Flor. iii. 1 ; 
GelL xvL 10.) Up to the year B. c. 107 no one 
was permitted to serve among the regular troops of 
the state except those who were regarded as pos- 
sessing a strong personal interest in the stability of 
the commonwealth, but the principle having been 
at this period abandoned, the privilege was ex- 
tended after the close of the Social War (b. c. 87) 
to nearly the whole of the free population of Italy, 
and by the famous edict of Caracalla (or perhaps 
of M. Aurclius), to the whole Roman world. Long 
before this, however, the legions were raised chiefly 
in the provinces, and hence are ranked by Hyginus 
among the provincialis militia (legumes quoninm 
stmt militiae provincialis fidelissima). Even under 
Augustus, the youth of Latium, Urabria, Etruria, 
and the ancient colonies, served chiefly in the 
household troops (Tac. Ann. iv. 5), who for this 
reason arc complimented by Otho as Iialiae alumni 
et vere Romana juvenlus (Tac. Hist. i. !S4). But 
although the legions contained comparatively few 
native Italians, it docs not appear that the admis- 
sion of foreigners not subjects was ever practised 
upon a large scale until the reign of the second 
Claudius (a. d. 2G8 — 270), who incorporated a 
large body of vanquished Goths, and of Probus 
(a. d. 276—282), who distributed 1 6,000 Germans 
among legionary and frontier battalions (numcris et 
limitaneis militihus, Vopisc. Prob. 1 4.). From this 
time forward what had originally been the leading 
characteristic of the legion was rapidly obliterated, 
so that under Diocletian, Constantinc, and their 
successors, the best soldiers in the Roman armies 
were barbarians. The name Legion was still re- 
tained in the fifth century, since it appears in an 
edict addressed by the emperors Arcadius and 
Ilonorius to the prefect Romulianus (Cod. Justin. 
1 2. tit. 36. s. 1 3) and also in the tract known as 
the Notititi Iti'inilatvm Imperii (c. 59). It pro- 
bably did nut fall into total disuse until the epoch 
of Justinian's sway ; but in the numerous ordi- 
nances of that prince with regard to military affairs 
nothing hears in any way upon the constitution of 
tho legion, nor does the name occur in legnl docu- 
ments subsequent to the above-mentioned edict of 
Arcadius and Honorius. 

There is yet another circumstance connected 
with the social position of the soldier to which it 
is very necessary to advert, if we desire to form a 



distinct idea of the changes gradually introduced 
into the Roman military system. The Roman 
armies for a long period consisted entirely of what 
we might term militia. Every citizen was, to a 
certain extent, trained to arms during a fixed 
period of his life ; he was, at all times, liable to 
be called upon to serve ; but the legion in which 
he was enrolled was disbanded as soon as the 
special service for which it had been levied, was 
performed ; and although these calls were frequent 
in the early ages of the kingdom and the common- 
wealth, when the enemies of the republic were 
almost at the gates, yet a few months, or more 
frequently, a few weeks or even days, sufficed to 
decide the fortunes of the campaign. The Roman 
annalists assure us that a Roman army had never 
wintered in the field, until more than three cen- 
turies after the foundation of the city, when the 
blockade of Veil required the constant presence of 
the besiegers. As the scene of action became 
by degrees farther removed from Latium, when 
southern Italy and Sicily were now the seat of 
war — when the existence of Rome was menaced 
by the Carthaginian invasion — when her armies 
were opposed to such leaders as Pyrrhus, Hamilcar, 
and Hannibal — it was, of course, impossible to 
leave the foe for a moment unwatched ; and the 
exigencies of the state rendered it necessary that 
the same legions and the same soldiers should 
remain in activity for several years in succession. 
This protracted service became inevitable as the 
dominion of Rome extended over Greece and Asia, 
when the distances rendered frequent relief im- 
practicable ; but down to the very termination of 
the republic, the ancient principle was recognised, 
that when a campaign was concluded, the soldier 
was entitled to return home and to resume the 
occupation of a peaceful citizen. It was a con- 
viction that their leader had broken faith with 
them by commencing a new war against Tigrancs, 
after the defeat of Mithridates, their proper and 
legitimate opponent, which induced the troops of 
Lucullus to mutiny, and compelled their leader to 
abandon his Armenian conquests. Hence, for up- 
wards of seven centuries, there was no such thing 
as the military profession, and no man considered 
himself as a soldier in contradistinction to other 
callings. Every individual knew that he was 
bound as a member of the body politic to perform 
certain duties ; but these duties were performed 
without distinction by all — at least by all whose 
stake in the prosperity of their country was con- 
sidered sufficient to insure their zeal in defending 
it ; and each man, when his share of this obligation 
was discharged, returned to take his place in 
society, and to pursue his ordinary avocations. 
The admission of the Capite Censi into the ranks, 
persons who, probably, found their condition as 
soldiers much superior to their position as civilians, 
and who could now cherish hopes of amassing 
wealth by plunder, or of rising to honour as officers, 
tended to create a numerous class disposed to de- 
vote themselves permanently to a military life aa 
the only source from whence they could secure 
comfort and distinction. The long-continued 
operations of Caesar in Gaul, and the necessity 
imposed upon Pompeius of keeping up a large 
force as a check on his dreaded rival, contributed 
strongly to nourish this feeling, which was, at 
length, fully developed and confirmed by the civil 
broils which lasted for twenty years, nnd by the 



4.02 



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EXERCITUS. 



practice first introduced upon a large scale, after 
the Mithridatic wars, of granting pensions for long 
service in the shape of donations of land. Hence, 
when Augustus in compliance, as we are told by 
Dion Cassius (lii.27), with the advice of Maecenas, 
determined to provide for the security of the 
distant provinces, and for tranquil submission at 
home by the establishment of a powerful standing 
army, he found the public mind in a great degree 
prepared for such a measure, and the distinction 
between soldier and civilian unknown, or at least 
not recognised before, became from this time for- 
ward as broadly marked as in the most pure mili- 
tary despotisms of ancient or modern times. In 
this place, we are required simply to call attention 
to the fact — it belongs to the philosophic historian 
to trace the results. 

The numbering of the legions and their titles. 
The legions were originally numbered according to 
the order in which they were raised. Thus in the 
early part of the second Punic war, we hear of the 
fourth legion (to rerapTov aTpar6ireSov), being 
hard pressed by the Boii (Polyb. iii. 40) ; the 
tenth legion plays a conspicuous part in the history 
of Caesar as his favourite corps (Dion Cass, 
xxxviii. 17), and the cabinets of numismatologists 
present us with an assemblage of denarii struck by 
M. Antonius in honour of the legions which he 
commanded, exhibiting a regular series of numbers 
from I up to 30, with only four blanks (25, 27, 
28, 29). As the legions became permanent, the 
same numbers remained attached to the same 



corps, which were moreover distinguished by various 
epithets of which we. have early examples in the 
Legio Martia (Cic. Philip, t. 2 ; Veil. Pat. ii. 61 ; 
Dion Cass. xlv. 13 ; Appian, B. C. iv. 115), and the 
Legio Quinta Alauda. [Alauda.] 

Dion Cassius, who flourished under Alexander 
Severus, tells us (lv. 23) that the military estab- 
lishment of Augustus consisted of twenty-three or 
twenty-five legions (we know from Tac. Ann. iv. 5, 
that twenty-five was the real number), of which 
nineteen still existed when he wrote, the rest hav- 
ing been destroyed, dispersed, or incorporated by 
Augustus or his successors in other legions. He 
gives the names of nineteen, and the localities 
where they were stationed in his own day, adding 
the designations of those which had been raised by 
subsequent emperors. This list has been consider- 
ably enlarged from inscriptions and other autho- 
rities, which supply also several additional titles. 
We give the catalogue as it stands in the pages of 
the historian, and refer those who desire more 
complete information to the collections of Roman 
Inscriptions by Gruter and Orelli, to the fifth book 
of the Comment. Reip. Rom. of Wolfgang Lazius, 
fol. Francf. 1598, and to Eckhel, Doctrina Numm. 
Vet. vol. vi. p. 50, vol. viii. p. 488. In the follow- 
ing table an asterisk is subjoined to the nineteen 
legions of Augustus, to the remainder the name of 
the prince by whom they were first levied ; the 
epithets included within brackets are not given 
by Dion, but have been derived from various 
sources : — 



List of the Legions in the Reign of Alexander Severus. 



Number of the 
Legion. 


Title. 


By whom raised. 


Where stationed in the age of 
Dion Cassius. 


Prima 


Italica 


Nero 


Hiberna in Mysia Inferiore. 




Adjutrix 


Galba 


Pannonia Inferior. 




Minervia 


Domitianus 


Germania Inferior. 




Parthica 


Sept. Severus 


Mesopotamia. 


Secunda 


Augusta 




Hiberna in Britannia Superiore. 




Adjutrix 
iEgyptia Trajana 


Vespasianus 
Trajanus 


Pannonia Inferior. 




(Egypt?) 






Italica 


M. Antoninus 


Noricum. 






Media (Parthica) 


Sept. Severus 


Italia. 




Tertia 


Augusta 


.Numidia. 




Gallica 


* 


Phoenicia. 




Cyrenaica 


* 


Arabia. 




Italica 


M. Antoninus 


Rhaetia. 




Parthica 


Sept. Severus 


Mesopotamia. 


Quarta 


Scythica 




Syria 




Flavia (Felix) 


Vespasianus 


Syria. 


Quinta 


Maeedonica 




Dacia. 


Sexta 


Victrix 




Britannia Inferior. 




Ferrata 




Judaea. 


Septima 


Claudia 




Mysia Superior. 


(Gemina) 


Galba 


Hispania. 


Octava 


Augusta 
Gemina 




Germania Superior. 


Decima 


* 


Pannonia Superior. 




(Fretensis) 




Judaea. 






Undecima 


Claudia 


* 


Mysia Inferior. 


Duodecima 


Fulminatrix 




Cappadocia. 


Decima Tertia 


Gemina 




Dacia. 


Decima Quarta 


Gemina 


* 


Pannonia Superior. 


Decima Quinta 


Apollinaris 




Cappadocia. 


Vigesima 


Valeria Victrix 




Britannia Superior. 








Hiberna in Germania. 


Trigesima 


Ulpia (Victrix) 


Trajanus 


(Germania ?). 



EXERCITUS. 



EXERCITUS. 



493 



On this we may remark — 

1. That several legions bore the same number: 
thus there were four Firsts, five Seconds, and five 
Thirds. 

2. The titles were derived from various circum- 
stances ; some indicated the deity under whose 
patronage the legions were placed, such as Minervia 
and ApoUinaris ; some the country in which they 
had been levied or recruited, as Italica, Mace- 
donica, Gallica ; or the scene of their most bril- 
liant achievements, as Parthica, Scythica ; some the 
emperor under whom they had served or by whom 
they had been created, as Augusta, Flavia, Ulpia ; 
some a special service, as Claudiana Pia Felix, 
applied to the 7th and 11th, which had remained 
true to their allegiance during the rebellion of 
Camillus, praefect of Dalmatia, in the reign of 
Claudius (Dion Cass. lx. 15) ; some, the fact that 
another legion had been incorporated with them ; 
at least, this is the explanation given by Dion 
Cassius of the epithet Gemina (AiSvfia), and there 
seems little doubt that he is correct. (See EckheL, 
vol. iv. p. 472.) 

3. The same legions appear in certain cases to 
have been quartered in the same districts for cen- 
turies. Thus the Secunda Augusta, the Sejrta Vic- 
tnx, and the Vicesima Victriz, which were stationed 
in Britain when Dion drew up his statement, were 
there in the age of the Antonines, as we learn from 
Ptolemy (ii. 31), and the first of them as early as 
the nun of Claudius. (Tac. Hist. iii. 22, 24.) 

4. Toe six legions of Augustus which had dis- 
appeared when Dion wrote, were probably the fol- 
lowing, whose existence in the early years of the 
empire can be demonstrated: Prima Germanica ; 
Quarta Macedonica ; (Juinta Alauda ; A'onu Ilis- 
jiana ; Decima Sexta Gallica ; Vigesima Prima 
Rapax ; besides these, it would seem that there 
was a second fifteenth and a twenty-second, both 
named Primigenia, and one of these ought, perhaps, 
to be substituted for the second twentieth in the 
above table, since the words of Dion with regard to 
the latter arc very obscure and apparently corrupt. 

5. We find notices also of a Prima Alacridna 
Liljcratrix raised in Africa, after the death of Nero, 
by Clodius Macer ; of a Decima Sexta Flavia Firma 
raised by Vespasian ; and of a Vigesima Secunda 
Deiotaricma, apparently originally a foreign corps, 
raised by Dciotarus, which, eventually, like the 
Alauda of Caesar, was admitted to the name and 
privileges of a Roman legion. 

6. It will be seen that the numbers XVII., 
X V 1 1 1., XIX. are altogether wanting in the above 
lists. We know that the X V 1 1 1, and X I X. were 
two of the legions commanded by Varus, and 
hence it is probable that the XVII. was the third 
in that ill-fated host. 

7. The total number of legions under Augustus 
was twenty-five, under Alexander Sevens thirty- 
two, but during the civil wars the number was far 
greater. Thus, when the second triumvirate was 
formed the forces of the confederates were calcu- 
lated at forty-three legions, which, after the battle 
of Philippi, had dwindled down to twenty-eight 
(Appian, It. ('. v. Ii) ; but a few yrars afterwards, 
when war between Octavianus and M. Antonius 
was imminent, the former alone had upwards of 
forty legions, and his adversaries nearly the same. 
(Appian, 11. C. v. 53.) In order that we may bo 
■bM to form some idea of the matrnitudc of these 
and other armies, we must next consider 



The number of foot soldiers in a Roman legion. — 
Although we can determine with tolerable certainty 
the number of soldiers who, at different periods, 
were contained in a legion, we must bear in mind 
that at no epoch does this number appear to have 
been absolutely fixed, but to have varied within mo- 
derate limits, especially when troops were required 
for some special or extraordinary service. The 
permanent changes may be referred to four epochs. 

1. Under Ae Kings. — Varro (L. L. v. § 89) and 
Plutarch {Rom. 13), both of whom describe the 
first establishment of the legion, agree that under 
Romulus it contained 3000 foot soldiers. The 
words of Plutarch indeed, in a'subsequent passage 
{Rom. 20), would, at first sight, appear to imply 
that after the junction with the Sabines the num- 
ber was raised to 6000 ; but he must be understood 
to mean two legions, one from each nation. It is 
highly probable that some change may have been 
introduced by Servius Tullius, but, in so far as 
numbers are concerned, we have no evidence. 

2. From tlie expulsion of Vie Kings until tlie second 
gear of the second Punic War. — The regular num- 
ber during this space of time may be fixed at 4000 
or 4200 infantry. According to Dionysius (vi. 42) 
M. Valerius, the brother of Publicola, raised two 
legions (b. c. 492), each consisting of 4000, and 
Livy, in the first passage, where he specifies the 
numbers in the legions (vi. 22, b. c. 378), reckons 
them at 4000, and a few years afterwards (vii. 25, 
b. c. 346) he tells us that legions were raised 
each containing 4200 foot soldiers, and 300 horse. 
The legion which possessed itself of Rhegium 
(a c. 281 — 271) is described (Liv. xxviii. 28) as 
having consisted of 4000, and we find the same 
number in the first year of the second Punic War 
(Liv. xxi. 17, B. c. 2)8). Polybius, in like manner 
(i. 16), fixes the number at 4000 in the second 
year of the first Punic War (b. c. 263), and again 
in the first year of the second Punic War (iii. 72, 
b. c. 218). In the war against Veii, however, 
when the Romans put forth all their energies, ac- 
cording to Dionysius (ix. 13), an army was raised 
of 20,000 infantry and 1 200 cavalry, divided into 
four legions ; and, according to Polybius (ii. 24), 
in the war against the Gauls, which preceded the 
second Punic War, the legions of the consuls con- 
sisted of 5200 infantry, while those serving in 
Sicily and Tarentuni contained 4200 only, a proof 
that the latter was the ordinary number. 

3. From the second gear of the second Punic 
War until the consulship of Alarius. — During 
this interval the ordinary number may be fixed 
at from 5000 to 5200. Polybius, indeed, in 
his treatise on Roman warfare, lays it down 
(vi. 20) that the legion consists of 4200 foot sol- 
diers, and in cases of peculiar danger of 5000. 
However, the whole of the space we are now con- 
sidering, was in fact a period of extraordinary 
exertion, and hence from the year B.C. 216, we 
shall scarcely find the number stated under 5000 
(c. g. Polyb. iii. 107, Liv. xxii. 36, xxvi. 28, 
xxxix. 38), and after the commencement of the 
Ligurinn war it seems to have been raised to 
5200 (Liv. xl. 1, 18, 36, xli. 9, but in xli. 21 it is 
again 5000). Tin- two legions which passed over 
into Africa under Scipio (u.c. 204) contained each 
6200 i Liv. xxix. 21), those which nerved :it.'.iiii>t 
AiitKK'hti.i VIHO (Liv. xxxvii. .'ill), those I'liiployi'fl 
in the ln.it Macedonian war 6000 (Liv. xlii. 31, xliv. 
21, comp. xliii. 12), but these wen; special cases. 



494 EXERCITUS. 



EXERCITUS. 



4. From the first consulship of Marius (b. c. 
107) until the extinction of the legion. — For some 
centuries after Marius the numbers varied from 
5000 to 6200, generally approaching to the higher 
limit. Festus (s. v. sex millium et ducentorum) 
expressly declares that C. Marius raised the num- 
bers from 4000 to 6200, but his system in this 
respect was not immediately adopted, for in the 
army which Sulla led against Rome to destroy 
his rival, the six complete legions (e£ Tay/xaTa 
Te'\eio) amounted to 30,000 men (Plut. Sidl. 9, 
Alar. 35, but the text in the latter passage is 
doubtful). In the war against Mithridates again, 
the 30,000 men of Lucullus formed five legions 
(Appian. Mithr. 72). Comparing Plutarch (Cic. 
36) with Cicero (ad Att. v. 15), we conclude 
that the two legions commanded by the latter 
in Cilicia contained each 6000. Caesar never 
specifies in his Commentaries the number of men 
in his legions, but we infer that the 13th did 
not contain more than 5000 (B. ft i. 7), while 
the two mentioned in the fifth book of the Gallic 
war (c. 48, 49) were evidently incomplete. In 
Appian, M. Antonius is represented as calcu- 
lating the amount of 28 legions at upwards of 
170,000 men, that is nearly 6100 to each legion, 
but he seems to include auxiliaries (twv crvvTaa- 
coixivwv). During the first century the standard 
force was certainly 6000, although subject to con- 
stant variations according to circumstances, and 
the caprice of the reigning prince. The legion of 
Hadrian, if we can trust Hyginus, was 5280, of 
Alexander Severus 5000 (Lamprid. Sev. 50), that 
described by Vegetius (ii. 6), to whatever period 
it may belong, 6100, and most of the grammarians 
agree upon 6000 (e. g. Serv. ad Virg. Aen. vii. 
274 ; Isidor. Orig. ix. 3. § 46 ; Suidas, s. v. 
Aeyeciv, but Hesychius gives 6666). The Jovi- 
ans and Herculeans of Diocletian and Maximian 
formed each a corps of 6000 (Veget. i. ] 7), but 
beyond this we have no clue to guide us. If we 
believe the Tay/jtara of Zosimus and the api8/j.ol 
of Sozomen to designate the legions of Honorius, 
they must at that epoch have been reduced to a 
number varying from 1200 to 700. 

Number of Cavalry attached to the Legion. — 
According to Varro and the other authorities who 
describe the original constitution of the legion, it 
consisted of 3000 infantry and 300 cavalry. The 
number of foot soldiers was, as we have seen 
above, gradually increased until it amounted to 
6000, but the number of horsemen remained al- 
ways the same, except upon particular occasions. 
In those passages of Livy and Dionysius, where 
tlie numbers of the legion are specified, we find 
uniformly, amid all the variations with regard to 
the infantry, 300 horsemen set down as the regular 
complement (Justus equitaius) of the legion. 

Polybius, however, is at variance with these au- 
thorities, for although in his chapter upon Roman 
warfare (vi. 20) he gives 300 as the number, yet 
when he is detailing (iii. 107) the military pre- 
parations of the year B.C. 216, after having re- 
marked that each legion contained 5000 infantry, 
he adds, that under ordinary circumstances it con- 
tained 4000 infantry and 200 cavalry, but that 
upon pressing emergencies it was increased to 
5000 infantry and 300 cavalry, and this repre- 
sentation is confirmed by his review of the Roman 
forces at the time of the war against the Cisalpine 
Gauls (ii. 24). It is true that when narrating the 



events of the first Punic War, he in one place 
(i. 16) makes the legions to consist of 4000 in- 
fantry and 300 cavalry ; and in the passage re- 
ferred to above (ii. 24) the consular legions 
amounted to 5200 infantry and 300 cavalry, but 
both of these were pressing emergencies. The 
statements, therefore, of Polybius upon this point 
are directly at variance with those of Dionysius 
and Livy, and it does not seem possible to re- 
concile the discrepancy. There are two passages 
in the last-named historian which might appear to 
bear out the Greek (Liv. xxii. 36, xlii. 31), but 
in the first he is evidently alluding to the asser- 
tions of Polybius, and in the second the best edit- 
ors agree in considering the text corrupt, and that we 
should substitute duceni pedites for duceni equites. 

When troops were raised for a service which re- 
quired special arrangements, the number of horse- 
men was sometimes increased beyond 300. Thus 
the legion despatched to Sardinia in B.C. 215 (Liv. 
xxiii. 34) consisted of 5000 infantry and 400 
cavalry, the same number of horsemen was at- 
tached to a legion sent to Spain in b. c. 180 under 
Tiberius Sempronius (Liv. xl. 36), and in B. c. 
1 69 it was resolved that the legions in Spain should 
consist of 5000 infantry and 330 cavalry (Liv. 
xliii. 112), but in the war against Perseus when 
the infantry of the legions was raised to 6000 the 
cavalry retained the ancient number of 300. (Liv. 
xlii. 31.) It must be observed that these remarks 
with regard to the cavalry apply only to the period 
before Marius ; about that epoch the system ap- 
pears to have undergone a very material change, 
which will be adverted to in the proper place. 

We now proceed to consider the organisation of 
the legion at the five periods named above. 

First Period. Servius Tullius.—'The legion of 
Servius is so closely connected with the Comitia 
Centuriata that it has already been discussed in a 
former article [Comitia], and it is only necessary 
to repeat here that it was a phalanx equipped in 
the Greek fashion, the front ranks being furnished 
with a complete suit of armour, their weapons 
being long spears, and their chief defence the round 
Argolic shield (clipeus). 

Second Period. The Great Latin War, B. c. 
340. — Our sole authority is a single chapter in 
Livy (viii. 8), but it " is equalled by few others in 
compressed richness of information," and is in it- 
self sufficiently intelligible, although tortured and 
elaborately corrupted by Lipsius and others, who 
were determined to force it into harmony with the 
words of Polybius, which represent, it is true, most 
accurately the state of a Roman army, but of a 
Roman army as it existed two centuries afterwards. 
According to the plain and obvious sense of the 
passage in question, the legion in the year B. c. 
340 had thrown aside the arms and almost en- 
tirely discarded the tactics of the phalanx. It was 
now drawn up in three, or perhaps we ought to say, 
in five lines. The soldiers of the first line, called 
Hastati, consisted of youths in the first bloom of 
manhood (floremjuvenum pubcscentium in militiam) 
distributed into fifteen companies or maniples (ma- 
nipidi), a moderate space being left between each. 
The maniple contained sixty privates, two centu- 
rions (centuriones), and a standard bearer (vexilla- 
rius) ■ two thirds were heavily armed and bore 
the scutum or large oblong shield, the remainder 
carried only a spear (hasta) and light javelins 
(c/acsa). The second line, the Principes, was com- 



EXERCITUS. 
posed of men in the full vigour of life, divided in 
like manner into fifteen maniples, all heavily armed 
(scutati omnes), and distinguished by the splendour 
of their equipments (insignibtts maxime armis). The 
two lines of the Hastati anilj'rincipes taken together 
amounted to thirty maniples and formed the Ante- 
pituni. The third line, the Triarii, composed of 
tried veterans (reteranum militem spectatae viriutis), 
was also in fifteen divisions, but each of these was 



Triarii proper 



Rorarii . 



Acccnsi 



EXERCITUS. 495 
triple, containing 3 manipuli, 180 privates, 6 cen- 
turions, and 3 vexillarii. In these triple manipuli 
the veterans or triarii proper formed the front 
ranks ; immediately behind them stood the Iiorarii, 
inferior in age and prowess (minus r<Jjoris aetute 
factisque), while the Accensi or supernumeraries, 
less trustworthy than either (minimae fiduciae 
manum), were posted in the extreme rear. The 
battle array may be thus represented . 

I I I I I 15 Manipuli 
1 1 1 1 1 ofHastati. 

IS Manipuli 

of Principes. 



The fight was commenced by the Iiorarii, so 
called because the light missiles which they 
sprinkled among the foe were like the drops which 
are the forerunners of the thunder shower (Festus 
s. v. Rorarios mililes), who, running forward be- 
tween the ranks of the antepilani, acted as tirail- 
leurs ; when they were driven in they returned to 
their station behind the triarii, and the battle 
began in earnest by the onset of the hastati ; if 
they were unable to make any impression they re- 
tired between the ranks of the principes, who now 
advanced and bore the brunt of the combat, sup- 
ported by the hastati, who had rallied in their rear. 
If the principes also failed to make an impression, 
they retired through the openings between the 
maniples of the triarii, who up to this time had 
been crouched on the ground (hence called sub- 
sidiarii), but now arose to make the last effort 
(whence the phrase rem ad Iriarios redisse). No 
longer retaining the open order of the two first 
lines, they closed up their ranks so as to present 
an unbroken line of heavy armed veterans in front, 
while the rorarii and acccnsi, pressing up from be- 
hind, gave weight and consistency to the mass, — 
an arrangement bearing evidence to a lingering pre- 
dilection for the principle of the phalanx, and ex- 
hibiting, just as we might expect at that period, 
the Roman tactics in their transition Btatc. It 
must be observed that the words ordo, manipulus, 
vexiUum, although generally kept distinct, are 
throughout the chapter used as synonymous ; and 
in like manner, Polybius, when describing the 
maniple, remarks (vi. 20), «cd rh p.iv pipos «W 
trrov {KaXieav KaX raypa Kal ont'ipoi/ kuI aripotav. 

Livy concludes by saying, that four legions were 
commonly levied, each consisting of 50110 infantry 
and 300 horse. We must suppose that he speaks 
in round numbers in so far as the infantry arc con- 
cerned, for according to their own calculations the 
numbers will stand thus : — 

Hastati . . . 15xG0 =900 
Principes . . 15x 00 = 900 
Triarii, &c. . . 15x3xG0 = 2700 
Crnturioilcs = 150 

Vexillarii = 75 

■17— j 



J 



15 triple 
Manipuli of 
Triarii. 



In deference to a great name, we ought not to 
omit mentioning that Kiebuhr (/list, of Hume, 
vol. iii. p. 97), while he admits that the text of 
Livy is sound and consistent with itself, argues, 
we venture to think, somewhat unreasonably, that 
he did not understand his excellent materials, and 
although clear at first, became eventually completely 
bewildered and wrote nonsense. 

Hard Period. Polybius. — Polybius describes 
minutely the method pursued in raising the four 
legions, which under ordinary circumstances were 
levied yearly, two being assigned to each consul. 
It must be observed that a regular consular army 
(juslus consularis exercilus) no longer consisted of 
Roman legions only, but as Italy became gradually 
subjugated, the various states under the dominion 
of Rome were bound to furnish a contingent, and 
the number of allies (socii) usually exceeded that 
of citizens. They were, however, kept perfectly 
distinct, both in the camp and in the battle field. 

1. After the election of consuls was concluded, 
the first step was to choose the twenty-four chief 
officers of the legions, named iribuni mititum, and 
by the Greek writers X'^'&PX 01 - Of these, four- 
teen were selected from persons who had served 
five campaigns of one year (annua stipendia, ivtav- 
aiovs (TTpoTti'oj) and were termed juniores (oi t>ew- 
rtpoi Tic xiAiapx a "')i 'he remaining ten (srniores, 
■xptaSvripoi), from those who had served for ten 
campaigns. The manner of their election will be 
explained below, when we treat more particularly 
of the legionary officers. (Polyb. vi. 19.) 

2. All Roman citizens whose fortune was not 
rated under 4000 asses were eligible for military 
service from the age of manhood up to their forty- 
sixth year, and could be required to serve for 
twenty years if in the infantry, and for ten years, 
if in the cavalry. Those whose fortune was below 
the above sum were reserved for naval service, 
except in any case of great necessity, when they 
also might be called upon to serve for the regular 
period in the infantry. 

The consuls having made proclamation of n day 
upon which all Roman citizens eligible for service 
must assemble in the Capitol, and these being in 
attendance at the time appointed in the presence of 
the consuls, the tribunes were divided into fuur 



496 



EXERCITUS. 



EXERCITUS. 



sections, according to the order of their election, 
in the following manner : — The four junior tri- 
bunes first elected, and the two senior tribunes first 
elected were assigned to the first legion, the three 
juniors and the three seniors next in order to the 
second ; the four juniors and the two seniors next 
in order to the third, the last three juniors and 
the last three seniors to the fourth legion. (Polyb. 
vi. 14.) 

The tribunes being thus distributed into four 
parties of six, those belonging to each legion seated 
themselves apart, and the tribes were summoned in 
succession by lot. The tribe whose lot came out 
first being called up, they picked out from it four 
youths as nearly matched as possible in age and 
form ; out of these four, the tribunes of the first 
legion chose one, the tribunes of the second legion 
one of the remaining three ; the tribunes of the 
third legion, one of the remaining two, and the last 
fell to the fourth legion. Upon the next tribe 
being called up, the first choice was given to the 
tribunes of the second legion, the second choice to 
those of the third, and the last man fell to the first 
legion. On the next tribe being called up, the 
tribunes of the third legion had the first choice, 
and so on in succession, the object in view being 
that the four legions should be as nearly alike as 
possible, not in the number only, but in the quality 
of the soldiers. This process was continued until 
the ranks were complete, the regular number, ac- 
cording to Polybius in this passage, being 4200, 
but "when any danger greater than usual was im- 
pending, 5000. 

In ancient times, the cavalry were not chosen 
until after the infantry levy was concluded, but 
when Polybius wrote the cavalry were picked in 
the first place from the list on which they were 
enrolled by the censor according to their fortune, 
and 300 were apportioned to each legion. (Polyb. 
vi. 20.) 

3. The levy being completed (ewiTeXeaBdcTTis 
tt)s KaTaypa<pr)s), the tribunes collected the men 
belonging to their respective legions, and making 
one individual stand out from the rest administered 
to him an oath (e£opKl£ov<ru>) " that he would obey 
orders and execute to the best of his ability the 
command of his officers." (Sacramentum s. Jusju- 
randum militate, Cic. de Off. i. 11 ; Liv. xxii. 38 ; 
Sacramento miiites adigere s. rogare, Liv. vii. 1 1 ; 
sacramentum s. sacramento dicere, Fest. s. v. ; 
Caes. B. C. i. 23 ; Liv. ii. 24, iv. 53 ; Gell. xvi. 4.) 
The rest of the soldiers then came forward one by 
one, and swore to do what the first had bound 
himself to perform. They were then dismissed, a 
day and place having been appointed where each 
legion was to assemble without arms. (Polyb. vi. 
21 ; Caes. B. C. i. 76.) The words uttered by 
each soldier after the first were probably simply 
" idem in me," (see Fest. s. v. Praejurationes). 

4. At the same time the consuls gave notice to 
the magistrates of those towns in Italy in alliance 
with Rome, from whom they desired to receive a 
contingent, of the number which each would be 
required to furnish, and of the day and place of 
gathering. The allied cities levied their troops 
and administered the oath much in the same manner 
as the Romans, and then sent them forth after 
appointing a commander and a pay-master (apxovra 
Kai (iio-6o86t7iv). [Socii.] (Polyb. vi. 21.) 

5. The soldiers having again assembled, the men 
belonging to each legion were separated into four 



divisions ; and here, we must remark in passing, 
that Polybius has fallen into a slight inconsistency, 
for while in the passage quoted above he fixes the 
number of the legion when he wrote, under ordi- 
nary circumstances, at 4200, in describing the 
arrangements which follow he supposes it to con- 
sist of 4000 only (vi. 21). 

(1) One thousand of the youngest and poorest 
were set apart to form the Velites (Tpoa-cpo/xdxoi, 
Tpoa<po<p6poi), or skirmishers of the legion. 

(2) Twelve hundred who came next in age (or 
who were of the same age with the preceding but 
more wealthy — the words of Polybius are not very 
distinct) formed the Hastati ('Ao-totoi). 

(3) Twelve hundred, consisting of those in the 
full vigour of manhood, formed the Principes 
(Upiyicnves). 

(4) Six hundred, consisting of the oldest and 
most experienced, formed the Triarii (Tpidpioi). 

When the number of soldiers in the legion ex- 
ceeded 4000, the first three divisions were increased 
proportionally, but the number of the Triarii re- 
mained always the same. 

The equipment of these corps was as follows : — 
For defensive armour the Velites were furnished 
with a plain head-piece (An-$ TrepiKecpaXalai), 
sometimes covered with the hide of a wolf (Au- 
neiav) or any similar material, and a strong circular 
buckler (parma — irdpjxri), three feet in diameter. 
Their offensive weapons were a sword (/j.dxaipa), 
and the light javelin (hasta velitaris — yp6<T(pos), 
the shaft of which (liastile — to t,vKov) was gene- 
rally two cubits (S'nrrixv), that is, about three feet 
in length, and in thickness a finger's breadth (tw 
Se irdxei Satcrvhiaiov), i. e. about 7584 of an inch ; 
the iron point a span in length (to Si Kevrpov airi- 
6a,u.ia?ov), i. e. about nine inches, hammered out so 
fine that it was of necessity bent at the first cast, 
and therefore could not be hurled back by the 
enemy. 

The Hastati wore a full suit of defensive armour 
(TravoTrA'ia), consisting of shield, helmet, breast- 
plate, and greave. Their shield, termed Scutum 
(Svpe6s), was formed of two rectangular boards 
from four feet to four feet three inches long by two 
and a half feet broad, the one laid over the other, 
and united with strong glue ; the outer surface was 
then covered with coarse canvas, and over this a 
calf's hide was stretched, and a curvature was 
given to the whole, the convexity being toned 
outwards. The upper and under edge was 
strengthened by an iron rim feiSripovv criaAw^ce), 
the former, that it might resist the downward 
stroke of a sword ; the latter, that it might not be 
injured by resting upon the ground. In addition, 
it was still further fortified by an iron boss (triSripa 
it6yxos), which served to render it more secure 
against blows from stones, against thrusts from the 
long pikes of the phalanx, and, in general, from all 
heavy missiles. [See a figure of the Scutum 
under that article.] One leg was protected by a 
greave (ocrea — irapa.Kvj)ixis), and the head by a 
bronze helmet (galea — ireptKe(pa\aia xaAfc?;), with 
a crest composed of three scarlet or black feathers, 
standing erect to the height of about eighteen 
inches, so that the casque added greatly to the 
apparent stature and imposing carriage of the 
soldier. The greater number of the Hastati wore 
in front of their breast a brass plate nine inches 
square, which was called the Heart-preserver (/cap- 
8io<pyAa|) ; but those whose fortune exceeded 



EXERCITUS. 



EXERCITUS. 



497 



100,000 asses had complete cuirasses of chain- 
armour (loricas — aKvaiSurrovs d&pi)Kas). 

The offensive weapons of the Hastati consisted 
of a sword and heavy javelins. The sword, which 
was girded on the right side, had a strong straight 
blade, double-edged, and sharp-pointed, being thus 
calculated both for cutting and thrusting. It was 
called a Spanish sword (fidxaipa 'lgypiKT)), in con- 
tradistinction to the Gaulish sword, which was a 
cutting sword only. Each man carried in his 
hand two of those heavy missiles, railed pUa by 
the Latins, iiaaoi by the Greeks, which may be 
regarded as the characteristic weapon of the Roman 
infantry. The shaft of these was in every case 
four and a half feet (three cubits) long, and the 
barbed iron head was of the same length, but this 
extended half way down the shaft to which it 
was attached with extreme care (Polyb. vi. 23), so 
that the whole length of the weapon was about 
six feet nine inches. The shaft varied both in 
form and thickness — in form it was sometimes 
cylindrical, sometimes quadrangular — in the 
heaviest, the diameter of the cylinder or the 
breadth across one of the flat sides was about three 
inches {traKcuariaiav (x ovai • • • T V' / Sidfifrpov). 

The equipment of the Principes and the Triarii 
was in every respect the same with that of the 
Hastati, except that the latter carried pikes (hasiae 
— S6para) instead of jrila. (Polyb. vi. 21, 22, 
23. For more minute information with regard to 
the different parts of the equipment, consult Galea, 
Hasta, Lorica, Scutum, Parma, fee.) 

We may remark, in passing, that in addition to 
his armour and weapons the legionary, when in 
marching order, usually carried provisions for a 
fortnight at least, and three or four stakes, used in 
forming the palisade of the camp, besides various 
tools, an enumeration of which will be found in 
Josephus. (/J. ■/. iii. 5. § 5.) The Roman writers 
frequently allude with pride to the powers of en- 
durance exhibited by their countrymen in sup- 
porting with ease such overwhelming loads ; and 
Polybius draws a contrast between the Italian 
and the Greek soldier in this respect little favour- 
able to the energy of the latter. (Sec Cic. Tuscul. 
ii. 1G., which is the locus classicus ; Polyb. xviii. 
] ; comp. Vegct. i. 19 ; from Liv. Epit. lvii. it 
appears that Scipio trained his men to carry food 
fur thirty days, and seven stakes each — double 
the usual burden.) 

6. The Hastati, Principes, and Triarii were each 
divided into ten companies called Mani/>u/i, to 
which Polybius gives, as equivalents, the three 
terms rdyna, irirt/pa, OT)u.ala. The V elites were 
not divided into companies, but were distributed 
equally among the Hastati, Principes, and Triarii. 

7. IJefore the division of the three classes into 
maniples, officers were appointed inferior to the 
tribunes. Thirty men were chosen by merit, tea 
from the Hastati, ten from the Principes, and ten 
from the Triarii ; and this first choice being com- 
pleted, thirty more in like manner. These sixty 
officers, of 'whom twenty were assigned to each of 
the three classes, and distributed equally among 
the maniples, were named centuriones, or ordinum 
diu:tori:i (/corupiWfs, Ta^i&px ' \ and rat h of the 
sixty chose for himself a lieutenant (optio), who, 
being posted in the rear of the company while the 
centurion was at tin- head, was named ovpayAi 
(i.e. Tcrpidinior) by the (ireeks, so that in each 
maniple there were two centurions and two op- 



tiones. Farther, the centurions selected out of 
each maniple two of the bravest and most vigorous 
men as standard bearers (rexillarii, siijniferi, <tt]- 
fiaio<p6poi). The first elected centurion of the 
whole had a seat in the military council (avvthpiov 
KoivaveT), and in each maniple the first chosen 
commanded the right division of the maniple, and 
the other the left. Each of these subdivisions of 
the maniple was called, as we shall see hereafter, 
centuria, but it is not specifically noticed here by 
Polybius. (Polyb. vi. 24.) 

8. The cavalry were divided into ten troops 
(turmae, ftau), and out of each of these three of- 
ficers were chosen, named decuriones (i\dpx<xi), 
who named three lieutenants (optiones, ovpayol). 
In each troop the decurio first chosen commanded 
the whole troop, and failing him, the second. 

The equipment of the cavalry was originally 
adapted solely to secure great case and rapidity of 
movement. Hence they wore no breastplate, but 
were clad in a single garment girded tight round 
their bodies ; their shields were formed simply of 
an ox's hide, were incapable of withstanding a 
strong blow, and were readily damaged by wet ; 
their lances (SopaTa) were so light and the shaft 
so thin, that they vibrated from the action of the 
horse ; could not be directed to their object with a 
steady aim, and were constantly snapped in a 
charge merely bj* the rapid motion. Moreover, 
not being furnished with a point at both ends, 
they served for one thrust only, by which they 
were broken, and then became useless. In the 
time of Polybius, however, they had adopted the 
Greek equipment, — a breastplate, a solid buckler, 
and a strong spear, fashioned in such a manner that 
the end by which it was held was so far pointed 
as to be available in case of necessity. 

9. After the soldiers had been thus divided and 
officered, the tribunes having given the different 
classes instructions with regard to the arms which 
they were to provide, dismissed them to their 
homes, having first bound them by an oath to as- 
semble again on a day and in a place fixed by the 
consul. Then and there accordingly they did as- 
semble, no excuse for absence being admitted ex- 
cept inevitable necessity or the appearance of evil 
omens. 

10. The infantry furnished by the socu was for 
the most part equal in number to the Roman le- 
gions, the cavalry twice or thrice as numerous, and 
the whole were divided equally between the two 
consular armies. Each consul named twelve su- 
perior officers, who were termed I'rui/irti .Sociorum 
( TrpaiipfKTui). and corresponded to the legionary 
tribunes. A selection was then made of the best 
men, to the extent of one filth of the infantry and 
one third of the cavalry ; these were formed into a 
separate corps under the name of rjlrunrilmurii, 
and on the march and in the camp were always 
near the person ..f the c msiil. The remainder 
were divided into two equal portions, and were 
styled respectively the llertcra A/n and the ijiautru 
Alu ( KoAovm to fiiv Si'iuc to 8' tvusvuftov Ktpai). 
I A ' A. ] 

It will be observed that we have implied a doubt 
with regard to the number of cavalry furnished by 
the allies. Polybius (iii. 107), when giving a 
sketch of the Unman force* before the battle of 
Cannae, after stating that the legion under or- 
dinary circumstances consisted of 4000 infantry 
and 200 cavalry, but that in circumstances of pe- 

K K 



498 



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culiar difficulty and danger it was augmented to 
5000 infantry and 300 cavalry, adds distinctly 
that the allies supplied a force of infantry equal to 
that of the legion, and generally thrice as many 
cavalry (twv Si avjxjxayfwv , rb rwv ire^av 
TrArjSos irdpiaov troiovai to7s 'Pw/xaiKoTs mpa.TO- 
ire5ois, TO 8e twv iTnr&toV ws eirtirav TpnrAdfTiov). 
When treating more formally of the same subject 
(vi. 26) he repeats the above observation in nearly 
the same words, but when he came to to Se toji/ 
imreav rptirXdcnov, many of the MSS. present 
SiirAdaiov • and a little further on (vi. 30), in the 
passage where he explains the manner in which 
the troops were quartered in a camp, his expres- 
sions, when interpreted according to their natural 
meaning and their connection with the preceding 
clause, must signify that the total number of the 
allied cavalry was double that of the Romans, and 
not, as the Latin translation attached to the edition 
of Schweigbaeuser has it, double that of the 
Romans after deducting one-third for the extra- 
ordinary equites. Livy, when referring to the 
position of affairs between the Romans and their 
allies before the great Latin war of B. c. 340, after 
specifying the ordinary strength of the Roman 
armies, adds (viii. 8) " alterum tantum ex Latino 
delectu adjiciebatur." When recounting the pre- 
parations for the campaign of Cannae, although he 
appears to allude directly to the narrative of Po- 
lybius and to copy his words, he contradicts him 
directly with regard to the allied cavalry (xxii. 
36), " socii duplicem numerum equitum darent." 
At a somewhat later period (b. c. 189), when four 
legions were raised, the socii were required to con- 
tribute 15,000 infantry and 1200 cavalry (xxxviii. 
35), and nine years afterwards the consuls were 
ordered to levy a new army of four legions " et 
socium Latini nominis, quantus semper numerus, 
quindecim millia peditum et octingenti equites " 
(xl. 36), which exactly corresponds with what we 
read in a former chapter (xl. 18). The truth 
seems to be, that although the contingent which 
each state was bound to furnish, was fixed by 
treaty, it was seldom necessary to tax all the al- 
lies to the full extent, and hence the senate used 
their discretion as to the precise number to be 
supplied, according to the circumstances of the 
case, the proportion of confederates to Roman 
citizens becoming of course gradually larger as 
the limits of the Roman sway embraced a greater 
number of cities and districts. (See Lips, de 
Milit. Rom. ii. 7.) 

11. Agmen or Line ofMareli. — The Extraordinarii 
Pedites led the van followed by the right wing of 
the infantry of the allies and the baggage of these 
two divisions ; next came one of the Roman legions 
with its baggage following ; next the other Roman 
legion with its own baggage, and that of the left 
wing of the allies, who brought up the rear. The 
different corps of cavalry sometimes followed im- 
mediately behind the infantry to which they were 
attached, sometimes rode on the flanks of the 
beasts of burden, at once protecting them and pre- 
venting them from straggling. If there was any 
apprehension of an attack from behind, the only 
change in the above order consisted in making the 
Extraordinarii bring up the rear instead of leading 
the van. As far as the position of the two legions 
with regard to each other, and also of the two 
wings of the allies, was concerned, it was under- 
stood that the legion and the wing which took the 



lead upon one day should fall behind upon the next 
day, in order that each in turn might have the 
advantage of arriving first at the watering places 
and fresh pastures. When marching in open 
ground where an attack on the flanks was antici- 
pated, a different disposition was sometimes adopted. 
The Hastati, Principes, and Triarii marched in 
three columns parallel to each other, the baggage 
of the first maniples took the lead, the baggage of 
the second maniples was placed between the first 
and second maniples, and so on for the rest, the 
baggage in each case preceding the maniple to 
which it belonged. If an attack was made then 
the soldiers wheeling either to the right or to the 
left, according to circumstances, and advancing at 
the same time a few steps, by this simple and 
easily executed movement presented at once an 
even front to the enemy, the whole of the baggage 
being now in the rear. 

Generally, when advancing through a country 
in which it was necessary to guard against a sudden 
onset, the troops, instead of proceeding in a loose 
straggling column, were kept together in close 
compact bodies ready to act in any direction at a 
moment's warning, and hence an army under these 
circumstances was said agmine quadrato incedere. 
(e.g. Sail. Jug. 105 ; Senec. Ep. 59 ; comp. Cic. 
Phil. ii. 42, v. 7.) 

It is to be observed that Polybius, at the outset, 
promises an account of the order of march, of the 
encampment, and of the battle array of the Roman 
armies (iropeias, 0"TpaTo7re5ei'as, irapard^w ; Ag- 
men, Castra, Acies) ; but that while he has re- 
deemed his pledge with regard to the two former, 
he has left the last topic untouched, unless, indeed, 
it was included in a section now lost. It is, more- 
over, comparatively speaking, a subject of little 
consequence, for while we know that a camp was 
always the same so long as the constitution of the 
army remained unchanged, and while the order of 
march was subject to few modifications, the mar- 
shalling of the troops for an engagement must have 
varied materially in almost every contest, depend- 
ing necessarily in a great measure on the nature of 
the ground, and on the aspect assumed by the foe. 

Some doubt exists with regard to the force of 
the term Agmen Pilatum as distinguished from 
Agmen Quadratum. The explanation quoted from 
Varro by Servius (Ad Virg. Aen. xii. 121), "Quad- 
ratum, quod immixtis etiam jumentis incedit, ut 
ubivis possit considere : pilatum, quod sine ju- 
mentis incedit, sed inter se densum est, quo faci- 
lius per iniquiora loca tramittatur," has not been 
considered satisfactory, although it is difficult to 
understand how Varro, himself a soldier, should 
have been inaccurate upon such a point. Where 
the phrase occurs in poetry as in the passage in 
Virgil referred to above (comp. Martial, x. 48 ), it 
probably denotes merely " columns bristling with 
spears." 

Polybius being our most copious and pure source 
of information, before passing on to the fourth 
period, it may be fitting to enter more fully upon 
certain topics which he has either touched very 
lightly or passed over in silence. We shall, there- 
fore, make a few remarks : — 1. On the levying 
of soldiers. 2. On the division of the legion as a 
body into cohorts, maniples, and centuries, of 
which the cohort and the century are not named 
by Polybius in the above description. 3. On the 
distribution of the soldiers into Triarii, Principes, 



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499 



Hasiali, Veliles, Anlepilani, Antesignani, &c, and 
on the original import of these terms. 4. On the 
officers of the legion, the tribunes, the centurions 
and subalterns. 

1. The levy (delectus, Karaypcupri) was usually 
held in the Capitol (Liv. xxvi. 31) by the consuls 
seated on their chairs of state (posilis seUis, Liv. 
iii. 11) ; but sometimes in the Campus Martius 
(Dionys. viii. 87), which was beyond the juris- 
diction of the tribunes of the plebs, who, in the 
earlier ages of the commonwealth especially, fre- 
quently interfered to prevent an army from being 
raised. 

According to the principles of the constitution, 
none were enrolled in the legion, except freebom 
citizens (ingenui) above the age of seventeen, and 
under the age of forty-six, possessing the amount 
of fortune specified above (Gell. x. 23) ; but in 
times of peculiar difficulty, these conditions were 
not insisted upon. Thus, in consequence of the 
scarcity of men during the second Punic war, it 
was at one time ordained, that lads under seven- 
teen might be admitted into the ranks, and that 
their time should be allowed to count just as if 
they had attained to the legal age (Liv. xxv. 5), 
and on the other hand, when strenuous exertions 
were made for the campaign against Perseus, the 
senate decreed that no one under fifty should be 
excused from enlisting (Liv. xlii. 33). Moreover, 
not only were all frceborn citizens without dis- 
tinction of fortune called out on such occasions, but 
even freedmen were armed (Liv. x. 21, xxii. 11) ; 
and after the battle of Cannae, eight thousand 
glares who had declared themselves willing to 
fight for the republic, were purchased by the state, 
and formed into two legions, who, under the name 
of VoUmes, displayed great bravery, and eventually 
earned their freedom ( Liv. xxii. 57). 

In moments of sudden panic or when the neces- 
sity was so pressing as to admit of not a moment's 
delay, all formalities were dispensed with, and 
every man capable of bearing arms was summoned 
to join in warding off the threatened danger, a 
force raised under such circumstances being termed 
suliitarius s. tumultuarius exercilus (Subilurii mi- 
liles, Liv. iii. 4, xli. 17 ; Subitarius exercilus, iii. 
30 ; Legumes suliilariae tumultus causa scriplae, 
xxxi. 2, xl. 26 ; Tumultuarius exercilus raptim 
conscriptus, viii. 1 1 ; Leijiones tumultuarius scriberct, 
3d 26). 

If citizens between the ages of seventeen and 
forty six did not appear and answer to their names 
or contumaciously refused to come forward, they 
might be minished in various ways, — by fine, 
by imprisonment, by stripes, by confiscation of 
their property, and even, in extreme cases, by 
being sold as slaves (Dionys. viii. 07 ; Liv. vii. 4 ; 
Varr. ap. Gell. xi. 1, ap. Non. i.v. Tencbrionem ; 
Val. Max. vi. 3. § 4). At the same time, causes 
might be alleged which were recognised 08 forming 
a legitimate ground for exemption (racatio junta 
fltihtiae). Thus, all who had Mired for the full 
period of twenty years in the infantry or ten in 
cavalry, were relieved from further service, al- 
though they might still be within the regular age ; 
and so, in like manner, when they were afflicted by 
nny grievous malady, or disabled by any personal 
defect, or engaged in any sacred or civil offices 
which required their constant attendance ; but 
these and similar pleas, although sustained under 
ordinary circumstances, might be rendered void by 



a decree of the senate "ne vacationes valerent," 
and hence in the case of a Gallic war, we read that 
Aemilius Mamercinus, then consul, was instructed 
" scribere excrcitum sine ulla vacationis venia " 
(Liv. viii. 20), and one of the measures urged by 
Cicero upon the senate in the contest with Antonius 
was " delectum haberi sublatis vacationibus" 
(Philipp. v. 12). So, also, if the soldier, after 
being enrolled, failed to appear at the place of 
muster appointed by the consul, his absence might 
be justified by various " excusationes," a list of 
which will be found in Gellius (xvi. 4), the most 
important being severe bodily ailment (morbus 
sonlicus) ; the death of a near relation (funusfa- 
miliare) ; the obligation of performing a stated 
sacrifice (sacrificium anniversarium), or some other 
religious impediment. 

While those who had served for the stipulated 
period were entitled to immunity for the future, 
even although within the legal age, and were styled 
Emeriti, so on the other hand, it appears from 
some passages in the classics, that persons who had 
not completed their regular terra within the usual 
limits, might be forced, if required, to serve be- 
tween the ages of forty-five and fifty ( Liv. xxvii. 
1 1, xlii. 34 ; Senec. de brev. Vit. cap. ult. ; Qtiintil. 
ix. 2. § 85). Towards the close of the republic, 
and under the empire, when the legions became 
permanent, the soldier who had served his full 
time received a regular discharge (missio) together 
with a bounty ( praemium) in money or an allot- 
ment of land. The jurists distinguish three kinds 
of discharge: — 1. Missio honestu, granted for length 
of service. 2. Missio caussariu, in consequence of 
bad health. 3. Missio Ignominiusa, when a man 
was drummed out for bad conduct (Macer in Dig. 
49. tit 16. s. 13; Ulpian in Dig. 3. tit 2. s. 2, 
cotnp. Hirt B.A. 54 ; Suet. Jul. 69, Octav. 24). 
It frequently happened that emeriti were induced 
to continue in the ranks, either from attachment to 
the person of the general or from hopes of profit or 
promotion (Appian. U. C. v. 3), and were then 
called veterani, or when they joined an army, in 
consequence of a special invitation rrocuti (ana- 
KKirroi, Dion Cass. Iv. 24). Dion Cassius states 
(I.e.) that troops bearing this last denomination were 
first employed by Octavianus, when he called out 
(aytKa\€0-(v) the veterans of Julius Caesar to aid 
him against Antonius, but we read of them at an 
earlier period. (Caes. IS. O. vii. 65, B. C. i. 17, 
iii. 88.) [Evocati.] They must in no way 
be confounded with the volunteers mentioned by 
Polybius in his description of a Roman camp 
(rtvts rwv 4BfKovrT}hhv (TTpaTfvop.fvuy rij ruiv 
inraTuv xdpiTi), who seem to have formed part of 
what may be termed the pcr.ional suite of the 
general. (Comp. SalltUt jug. 84.) We shall 
make some further remarks upon tin' Veterani and 
the changes introduced by Augustus with regard 
to the term of service, when we «|>eak of the 
VexiUarii, who belong to our fifth period. 

2. We next proceed to consider the division of 
the legion i I » t « » ('n/n,rt- ~, Mnnp'ili, Cnturiae, 
Siipta, Orilinrs, ( 'onhibmiia. 

Cohartet. — It will bo observed that Polybius 
takes no notice of the <A>hort, a division of the 
legion mentioned so often in the Roman writers. 
Hence Salmn.ihiH and other distinguished scholars 
hnvc supposed that the cohort had no existence 
until the time of Mnrius, and although named by 
Livy almost immediately nftcr the expulsion of 
it k 2 



500 



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the kings (ii. 11), and repeatedly afterwards (e.g. 
xxvii. 13, 41) he may be supposed to speak pro- 
leptically. But in a quotation preserved by A. 
Gellius (N. A. xvi. 4) from the treatise De Re 
Militari of Cincius, who is generally admitted to 
be Cincius Alimentus, the annalist contemporary 
with Hannibal, we find the cohort not only named 
but specifically defined, In legione sunt centuriae 
seotaginta, manipuli triginta, cohortes decern ; and 
Polybius himself uses the Latin word Ko6pTis 
twice in his history of Scipio's Spanish campaigns 
(xi. 23, 33), giving in the first of these passages 
an explanation of the term, ko.\ XaSciiv . . . rpeis 
(Tweipas, rovro 5e KaXurat to ovvTay/xa Twvirefev 
irapa 'Pojfiawts Kodpris . . . where it must be borne 
in mind that Polybius uses the words rdy/xa, 
<ri)na'ia, and ant'ipa indifferently, to denote the 
maniple. On the other hand, the later Greek 
writers generally designate the maniple t>y \6x»s, 
and almost invariably employ o-n-elpa as the repre- 
sentative of cohors. Hence considerable confusion 
is apt to arise ; and Livy has rendered his de- 
scription of the order in which Scipio marshalled 
his army at Zama unintelligible by translating ras 
oTrei'pas in the text of Polybius by cohortes instead 
oimanipulos (Liv. xxx. 33 ; Polyb. xv. 9) ; while 
Polybius himself is guilty of an inconsistency in 
the same chapter when he uses the expression reus 
tbk ypocnpuix&xuv (fweipais, for the ypo0(poij.a.-)(oi 
or Velites were not divided into maniples, as he 
most distinctly states elsewhere. 

When the soldiers of the legion were classified 
as Velites, Hastati, Principes and Triarii, the co- 
hort contained one maniple of each of the three latter 
denominations, together with their complement of 
Velites, so that when the legion contained 4000, 
each cohort would consist of 60 Triarii, 120 
Principes, 120 Hastati, and 100 Velites, in all 
400 men. 

The number of cohorts in a legion being alwaj-s 
ten (Cincius, I. c. ; Cic. Philip, iv. 27 ; the words 
of Isidor. Orig. ix. 3. § 47, are evidently corrupt), 
and the cohorts, during the republic, being all 
equal to each other, the strength of the cohort 
varied from time to time with the strength of the 
legion, and thus at different periods ranged between 
the limits of 300 and 600. They were regularly 
numbered from 1 to 10, the centurion of the first 
century of the first maniple of the first cohort 
was the guardian of the eagle, and hence the first 
cohort seems always to have been regarded as 
superior in dignity to the rest. (Caes. B. C. iii. 64, 
Cic. ad Att. v. 20.) From some expressions in the 
description given by Caesar of the battle of Phar- 
salia, it has been inferred that even then the first 
cohorts in the legions were more numerous than 
the rest ; and this was certainly the case under the 
empire, when they were termed cohortes milliariae, 
and contained twice as many soldiers as the others. 
Thus the legion described by Hyginus amounted 
to 5280 men, divided into ten cohorts ; and of 
these, the first, which had the charge of the eagle, 
consisted of 960 men, while the remaining nine 
had 480 each. 

The word cohort lasted as long as the word le- 
gion, and even longer, for not only does Ammianus 
(xxi. 13, xxiii. 5) speak of centuries and cohorts 
in the army of Julian, but cohors, as a military 
term, is met with in authors after Justinian. But 
although cohortes is found occasionally in the wri- 
ters of the later empire, they for the most part 



prefer the somewhat vague term numeri, which 
appears in Tacitus and Suetonius, and perhaps 
even in Cicero (ad Fam. xi. 10, xii. 13). Numeri 
seems to have signified strictly the muster roll, 
whence the phrases referre in numeros, distribuere 
in numeros (Plin. Ep. iii. 8, x. 30, 31), and thus 
served to denote any body of legionaries. In the 
Digest and the two Codes it is used sometimes for 
a century, sometimes for a cohort ; by Suetonius 
( Vespas. 6) for a detachment selected from three 
different legions. Nor is it absolutely restricted to 
legionaries, for we read in inscriptions of Numerus 
Britonum (Orell. 1627), Numeri Dalmatarum 
(Grut. dxxviii. ; Orell. 3410), while Ammianus 
applies it to cavalry as well as infantry, and to 
auxiliaries as well as legionaries (xxiii. 2). In 
like manner the later Greeks introduced apiB/xol 
or vovfiepol for cohortes, the former being the ex- 
planation given by St. Chrysostom in his exposition 
of the tenth chapter of the Acts for the word 
airz'ipo.s, while Suidas interprets (rireipai by voxi- 
p.epa. 

Whenever Cohors occurs in the Latin classics in 
connection with the legion, it always signifies a 
specific division of the legion ; but it is very fre- 
quently found, in the general sense of battalion, to 
denote troops altogether distinct from the legion. 
Thus in Livy (iv. 39) it is applied to a body of 
dismounted cavalry, to the force of the allies 
(alariae colmrtes, x. 40, 41 ; cohors Peligna, xxv. 
14 ; cohoHem Marsorum, xxxiii. 36, &c), to the 
troops of an enemy (vii. 7, x. 40, xxx. 36), with 
various other modifications ; and we shall be called 
upon to speak under our fifth period of Cohortes 
praetorianae, Cohortes peditatae, CoJiortes equilatae, 
and several others. 

Manipulus. — The original meaning of this word, 
which is clearly derived from manus, was a hand- 
ful or wisp of ' hay, straiv, fern, or the like, and this, 
according to Roman tradition, affixed to the end of 
a pole, formed the primitive military standard in 
the days of Romulus — 

Pertica suspensos portabat longa maniplos 
Unde maniplaris nomina miles habet. 

(Ovid. Fast. iii. 117 ; compare Plut. Rom. 8). 
Hence it was applied to a body of soldiers serving 
under the same ensign (see Varr. L.L. v. 8, vi. 85, 
who connects it in this sense directly with manus): 
when the ponderous mass of the phalanx was re- 
solved into small companies marshalled in open 
order, these were termed manipuli, and down to a 
very late period the common soldiers of the legion 
were designated as manipulares or manipularii, 
terms equivalent to gregarii milites. * By whom 
this momentous innovation upon the tactics of a 
Roman army was first introduced, it is impossible 
to determine with certainty ; but from the remark 
of Livy (viii. 8), that a change in the equipment 
of the heavy-armed soldiery took place at the 
period when they began to receive pay, compared 
with the words of Plutarch (Camill. 40), we may 
conjecture that the revolution was brought about 
in part at least by the greatest general of whom 
the infant republic could boast — Camillus. 

When the phalanx was first broken up, it ap- 
pears (Liv. viii. 8) that each of the three classes 
of Hastati, Principes, and Triarii, contained fif- 
teen maniples ; but before the second Punic war 
(see Cincius, as quoted by Gell. above) the num- 
ber of maniples in each of these classes was re- 



EXERCITUS. 



EXERCITUS. 



501 



duced to ten, as stated by Polybius. Hence it 
is easy to calculate the number of soldiers in each 
maniple, according to the varying numbers in the 
legion, it being always borne in mind that the 
Triarii never exceeded 600, and that the Velites 
were not divided into maniples, but distributed 
equally among the heavy -armed companies. 

Some writers, especially Le Beau, in his " Md- 
moires " on the Legion, maintain that, after the 
distinctions between the Hastati, Principes and 
Triarii were abolished, and the legion was mar- 
shalled in cohorts, the division into maniples was 
no longer practised, and that the term manipulus 
must from this time be understood to indicate cither 
a small number of men indefinitely, or a mass of 
ten soldiers quartered in the same tent. No one, 
however, who reads without prejudice the words of 
Caesar " adeo ut paucis mutatis ccnturionibus, 
iidcm ordines, manipulique constarent " (B. C. iL 
28, comp. Ii. G. iL 25, vi. 33), and of Tacitus, 
'• assistentem concionem quia permixta videbatur 
discedere in manipulos jubet " (Ann. i. 34), to- 
gether with the still more explicit expressions of 
Ammianus, "omnes centurias ct manipulos et co- 
horte3 in concionem convocabat M (xxi. 13. §9), 
repeated almost in the same words in two other 
passages (xviu 13. § "25, xxiii. 5. § 15), can doubt 
that the manipulus continued to the very last to 
form one of the larger subdivisions of the legion. 
Indeed, the whole system of classifying and naming 
the centurions upon which Le Beau himself be- 
stows so much labour and ingenuity is unintelligible 
upon any other supposition. At the same time 
it cannot be denied that mampuhu must sometimes 
be taken in a general sense, as when Tacitus gives 
this name to the detachment of sixty men, sent 
into Asia by Nero, for the purpose of putting Plautus 
to death. (Ann. xiv. 58, 59.) As to the identity 
of manipulus and contuljernium, no doubt Vegetius 
states very distinctly that the centuries were divided 
into contuherniu, and adds " contubcrnium autcm 
manipulus vocabatur," but an assertion proceeding 
from such a source is as worthless as the etymology 
by which it is followed up. 

Centuriae. — The distribution of soldiers into 
centuriae must he regarded as coeval with the origin 
of Home. Plutarch, as noticed above, speaks of 
the force led by Romulus against Amulius as 
formed of centuries ; and from the close connections 
between the centuries of Servius Tullius, and the 
organization of the military force, we cannot hesi- 
tate to believe that the term was communicated to 
the ranks of the phalanx. For a long period after 
the establishment of the manipular constitution, the 
legion contained invariably sixty centuries, and 
even after the introduction of the ai/iors milliuria, 
we have no good evidence to prove that any 
change took place in this respect except we choose 
to adopt the statements of Vegetius. 

Siiptum. — There is much doubt with retard to 
tin 1 i i n port of the word xitpium, when used to denote 
a division of the legion, in such phrases as siijni MUM 
miHtes fi rrr sralas jiiiiil ( l,iv. xxv. '!'.',) ; and /m-trn, 
die cum twins siipii militibus .... pcrqit in- ml urltem. 
(Liv. xxxiii. I.) The question is, whether in 
these passages we nre to understand that a maniple 
is meant or a century. On the one hand, it is 
admitted that after the legion was marshalled by 
cohorts, each century had its own standard, and 
in so far as the earlier ages are concerned, Poly- 
bius expressly tells us that there were two standard- 



bearers (aySpas a-n/xaio<p6povs) in each maniple 
(see also Liv. viii. 8). On the other hand, one of 
the names given by Polybius to the maniple is 
arifiaia, which seems to correspond exactly with 
siffnum, and Varro in his glossary of military terms, 
" Jlanipulos exercitus minimus manus qua; unum 
sequuntur signum," to which we may add Liv. xxvii. 

14., " ni C. Decimius Flavus signo adrepto 

primi hastati, manipulum eius sigr.i se sequi jus- 
sisset," and as to the SfSpas <rtiiiaio<p6povs, although 
there were two standard-bearers, it does not follow 
that there were two standards. 

Ordo generally signifies a century, and ordimtm 
ductor is synonymous with centurio, and ducere 
lionestum ordinem means to be one of the principal 
centurions in a legion. On the other hand, in the 
celebrated chapter in Livy (viii. 8.), discussed 
above, ordo undoubtedly denotes one of the ori- 
ginal maniples, and when we read in book xlii. 34. 
"* Mihi T. Quinctius Flamininus decumum ordinem 
hastatum adsignavit," the speaker seems to declare 
that he had been raised from the ranks to the post 
of a centurion in the 10th maniple of the Hastati. 
These must, however, be regarded as exceptions. 

Contuhernium. — This was the name given under 
the empire to the body of soldiers who were quar- 
tered together in the same tent ; the captain of the 
mess, decanus or decurio, is called by Vegetius 
caput cuntuliernii, and Ammianus designates the 
mess-mates by the word concorporales. 

3. Hastati, Principes, Triarii, Pilani, Antejnlani, 
Antesitpiani, Principia. — No reasonable doubt 
can exist that the Hastati were so called, from 
having been armed with a liasta (Hastati dieti 
qui primi hastis pwjnabant, Varr. L. L. v. 39), the 
Principes from having occupied the front line (the 
etymology of Varro, /. c. is here not distinct, Prin- 
GTOfl qui a principio gladiis), the Triarii, other- 
wise named Pilani, from having been ranged he- 
hind the first two lines as a body of reserve and 
armed with the pilum (Pilani, qui pilis . . . 
Pilani Triarii quoque dicti quad in acie tertio online 
eairemis suhsidio deponebantur ; quod hi subsidebant, 
ah co stAsidium dictum, a quo Plautus, 

Affile nunc su/jsidite omnes quasi so/cut triarii, 

Varr. I.e. ; comp. Liv. viii. 8), while the first two 
lines were termed collectively Antepilani, from 
standing in front of the Pilani. In process of time, 
it came to pass, that these designations no longer 
expressed the actual condition of the troops to which 
they were attached. When Polybius wrote, and 
long before that period, the Hastati we re not armed 
with liastae, but in common with the f'riuriprs bore 
the heavy pilum: on the other hand, the pilani 
carried liastae and not pilu, while the Principe* were 
not drawn up in the front, hut formed the second 
line. The origin of this discrepancy between the 
names and the objects which tin y represented, is 
somewhat obscure, Imt perhaps not altogether be- 
yond the reach of a very simple conjecture. The 
names were first bestowed when the Roman armv 
was disciplined according to the tactics of the 
Grecian phalanx. At that time the hastati were 
the skirmishers armed with a light javelin (the 
liasta velitaris), who were thrown forward in ad- 
vance of the main body, and it is with reference to 
their ancient duty that Knnhn in the eighth book 
of his annals uses nil expression no longer appli- 
cable in hi* day. 

"Hastati Bpargunt hastas, fit ferreus iniber.' 1 

K K 3 



502 EXERCITUS. 
In corroboration of this, it will be seen from the 
celebrated chapter in Livy (viii. 8), which we 
have discussed at length above, that after the open 
order had been established, and the majority of 
the hastati had become hoplites {scutati), one-third 
of the men in each maniple were equipped as light 
troops " manipulus leves vicenos milites .... leves 
autem, qui hastam tantum gaesaque gererent." 
The Principes were the front ranks of the phalanx, 
men in the foil vigour of their years and strength, 
clad in complete defensive armour, and hence dis- 
tinguished by Livy (I. c.) as " insignibus maxime 
armis." The Pilani were in the rear of the pha- 
lanx, and as the opposing hosts approached each 
other, before they were required to give weight 
and momentum to the mass, threw the heavy 
pilura over the heads of their comrades, in order 
to break, if possible, the continuity of the enemy's 
line. 

Vegetius uniformly places the Principes in front 
(i. 20, ii. 2, 15, iii. 14), and it is only necessary 
to read the sentences in which they are mentioned, 
to perceive how hopeless is the confusion which 
pervades his statements. 

Antesignani. — While the Hastati and Principes, 
taken together, were sometimes termed Antepilani, 
in contradistinction to the Triarii, so the Hastati 
alone were sometimes termed Antesignani, in con- 
tradistinction to the Principes and Triarii taken 
together. That the Antesignani were the soldiers 
who fought in the front ranks, is manifest from 
almost every passage in which the word is found 
(e. g. Liv. ii. 20, vii. 33) ; that they were so called 
from being placed before the standards, is proved 
by the description of the confusion which prevailed 
in the engagement at the Thrasymene lake, " Non 
ilia (sc. pugna) ordinata per principes, hastatosque 
ac triarios, nec ut pro signis antesignani, post signa 
alia pugnaret acies " (Liv. xxii. 5) ; that they 
were not the Velites is clear from the marshalling 
of the troops before Zama, " vias patentes inter 
manipulos antesignanorum velitibus complevit " 
(Liv. xxx. 33, who here translates Polybius) ; 
that they were the soldiers who formed the first 
line as distinguished from the second, appears from 
the narratives of the battles against the Latins, 
" caesos hastatos principesque, stragem et ante 
signa et post signa factam, triarios postremo rem 
restituisse " (Liv. viii. 11), and against the Tuscans, 
"cadunt antesignani, et ne nudentur propugna- 
toribus signa, fit ex secunda prima acies " (Liv. 
ix. 39) ; and from these two quotations, it is 
further evident that the position of the " signa " 
was behind the hastati and before the principes. 
These signa must have been the ordinary standards 
of the maniples, for we know that the aquila was 
in the custody of the first maniple of the triarii. 
The term Antesignani having become established 
as denoting the front ranks in a line of battle, was 
retained in this general sense long after the Hastati, 
Principes, and Triarii had disappeared (see Caes. 
B. C. i. 43, iii. 84, where they are the oldest and 
best soldiers, who now led the van. Comp. Varro 
ap. Non. s. v. Antesignanorum.) 

Another term employed to denote the front 
ranks of an army in battle array is Principia, and 
in this sense must be carefully distinguished from 
the Principia or chief street in the camp, and from 
Principia, which in the later writers, such as Am- 
mianus and Vegetius, is equivalent to principales 
milites (Liv. ii. 65, iii. 22, viii. 10 ; Sisenn. ap. 



EXERCITUS. 
Non. s. v. mandare ; Sail. Jug. 54 ; Tac. Hist. ii. 
43 ; comp. Varr. ap. Gell. iii. 4 ; Terent. Eun. iv. 
7, and note of Donatus ; Senec.Je Vit. beat. 14). 

Postsignani does not occur in any author earlier 
than Ammianus Marcellinus (xviii. 8. § 7, xxiv. 6. 
§ 9), and therefore need not be illustrated here ; 
the Subsignanus miles of Tacitus (Hist. i. 70, iv. 
33) seems to be the same with the Vexillarii, who 
fall under our next period. 

Rorarii, Accensi, Ferentarii, Jaculatores, Velites, 
Procubitores. 

Light-armed troops (levis armatura) were, 
from the first, associated with the hoplites, but 
under different circumstances and different names, 
at different periods. 

When the Hastati had, in a great measure, ceased 
to act as tirailleurs, their place was supplied by 
the Rorarii (Rorarii dicti ab rore, qui committebant 
bellum ante, ideo quod ante rorat quam pluit, Varro, 
L. L. vii. § 57), whose method of fighting has been 
described above (p. 495). The Accensi, as de- 
scribed by Livy (viii. 8), were inferior in equip- 
ment to the rorarii, although employed in a similar 
manner, and seem to have been camp followers or 
servants (Accensos ministratores Cato esse scribit, 
Varro, /. c. and ap. Non. Marcell. s. v. accensi), and 
hence the name is given to those also who attended 
upon magistrates or other officials (e.g. Cic. ad 
Fam. iii. 7, ad Q. Fr. i. 1. § 4, 7). At a later 
period the accensi were supernumeraries, who 
served to fill up any vacancies which occurred in 
the course of a campaign (Accensi dicebantur qui 
in locum moiiuorum militum subito subrogubantur, 
Fest. s. v.), persons to whom Varro gives the name 
of adscriptivi (quod olim adscribebantur inermes, 
armatis militibus qui succederent, L.L. vii. § 56) ; 
and, according to Festus (p. 198, ed. Miiller), ae- 
census was the name given, originally, to the optio 
or lieutenant of the centurion, a fact to which 
the Pseudo-Asconius, perhaps, refers, when he says 
(in Verr.\\. 28), " Accensus nomen est ordinis et 
promotionis in militia, ut nunc dicitur princeps, vel 
commentariensis aut cornicularius. Haec enim 
nomina de legionaria militia sumpta sunt." 

Another ancient term for light-armed soldiers 
was Ferentarii, a word found in the Trinummus of 
Plautus (ii. 4. 55), where ferentarius amicus signi- 
fies a friend nimble and prompt to lend assistance ; 
in Sallust (Catil. 60), " Postquam eo ventum est, 
unde a ferentariis proelium committi posset ; " and 
even in Tacitus (Ann. xii. 35), " ferentarius gravis- 
que miles." The term is twice explained by 
Varro, who, in his treatise De Vita Populi Romani, 
after defining accensi, adds (ap. Non. Marcell. 
s. v. Decurio), " Eosdem etiam quidam vocabant 
ferentarios qui depugnabant pugnis et lapidibus, 
his armis quae ferrentur, non quae tenerentur ; " 
and, again (L. L. vii. § 57), " Ferentarium a 
ferendo .... aut quod ferentarii equites hi dicti 
qui ea modo habebant arma quae ferrentur, ut 
jaculum," whence it appears that horsemen as 
well as foot-soldiers were sometimes known by 
this appellation. Rorarii and accensi stand to- 
gether in a line quoted (Varro, I. c.) from the 
Frivolaria of Plautus. 

Ubi rorarii estis ? en sunt. Ubi sunt accensi ? 
Ecce ! — 

" Rorarius velox " occurs twice in the fragments 
of Lucilius ; and even Symmachus, in one of his 



EXERCITUS. 



EXERCITUS. 



503 



epistles (viii. 47), draws an illustration from this 
source "tamquam levis annaturae miles Rorarios 
aemularis." 

The Velites, called also Proculitores, because 
they were employed on outpost duty when the 
Romans were encamped before an enemy (Festus, 
s. v. ), were first formed into a corps at the siege of 
Capua, a c. 211, as we are informed by Livy 
(xxvi. 4, comp. xxxviii. 21, and Val. Max. iL 3 ; 
Frontin. iv. 7), who gives a minute Ascription of 
the circumstances which led to their institution, 
and of the manner in which they were armed. 
It is true that the historian uses the term Veliies 
before the epoch in question (e. g. xxi. 56, xxiv. 
34) ; and Polybius, in like manner, speaks of 
ypoir<pondx 0i from the time of the first Punic war ; 
but these expressions must be understood to in- 
dicate the light-armed troops as they then existed, 
and which, after the name Rorarii fell into disuse, 
were styled jaculatores or irefaKocTKTToi'. We 
must not conclude from the narrative of Livy, that 
it was customary for the Velites to mount behind 
the cavalry ; on the contrary, the above passage is, 
perhaps, the only one in which they are represented 
as employed in this manner, although, in later 
times, it was by no means uncommon for light- 
armed troops to mingle with the horsemen, to keep 
pace with them, and to support them in their 
operations (Caesar, B.C. i. 48, viii. 19, B.C. iii. 
84 ; Soft. Jag. 91). 

The foreign light-armed troops will be noticed 
under the next epoch. 

T/ie Officers of the Legion. 

Tribuni. — The chief officers of the legion were 
the Triljuni Alililum, rendered by the Greeks 
X'Ai'af>X<"- Tribunun is, unquestionably, derived 
from irif/us; and, according to Varro (L. L. v, 
§ 81), in ancient times three were sent to the 
army, — one from the Ramnes ; one from the 
Luceres ; one from the Tities, — who would then 
be the commanders of the original legion of 3000. 
In the time of Polybius, the number in each legion 
was six ; but when and under what circumstances 
this increase took place, is unknown. Two pas- 
sages from Livy (vii. 5, ix. 80), to be more par- 
ticularly adverted to hereafter, by which Sigonius 
endeavoured to throw light upon the question, 
admit of an interpretation totally different from 
that which he has assigned to them, and they 
leave the matter altogether in doubt. After the 
number six was once established, it does not 
appear to have varied for many centuries, nor do 
we know what changes were introduced, in this 
respect, during the decline of the empire. The 
case in Livy (xlii. 35), where four military tri- 
bunes are represented to have been chosen from 
the senate to command four legions, supposing the 
text to lie faultless, is manifestly quite special. 

It must be understood that the authority of 
each tribune was not confined to a particular portion 
of the legion, but extended equally over the whole. 
In order, however, to prevent confusion and colli- 
sion, it was the practice ( Polyb. vi.) for the 
tribunes to divide themselves into three sections of 
two, and each pair undertook the routine function* 
for two mouths out of the six, during which active 
operations in the -field usually lasted. (Comp. 
Liv. xl. 41, " Sccundae legionis Fulvius tribunus 
militiim erat, is mmtiinu tuit dimisit legionem.") 
In addition to the duties specified by Polybius, 



and already detailed under Castra, and to the 
general superintendence which they must have 
exercised, we perceive that they nominated the 
centurions, and assigned to each the company 
which he was to command. They presided also at 
court3-martial, and had the power of awarding the 
highest punishments. 

Up to the year B. c. 361, the tribunes were 
chosen by the commanders-in-chief, that is, by the 
kings in the first instance, and afterwards by the 
consuls, or a dictator, as the case might be. In 
the year above named the people assumed to them- 
selves the right of electing either the whole or a 
certain number, it is impossible to say which (Lis-, 
vii. 5), but they seem to have allowed matters to 
return to a great extent to their former state until 
B. c. 31 1, when it was ordained that they should 
choose sixteen for the four legions (Liv. ix. 30) ; 
but whether this embraced a whole or a part only, 
is a point upon which we are again left in doubt. 
From this time forward, in virtue of the rogation 
then passed, the people continued to elect the 
whole, or, at all events, the greater number until 
B. c 207, when the consuls, Claudius Nero and 
Livius Salinator, appointed the tribunes to nineteen 
out of the twenty-three legions of that year, the 
people taking to themselves the nomination to the 
first four only (Liv. xxvii. 36). When war was 
declared against Perseus B.C. 171, a special act 
was passed that the military tribunes for that year 
should not be elected by the votes of the people, 
but should be nominated by the consuls and 
praetors (Liv. xlii. 31.) ; the same arrangement 
probably was adopted the following year, for it is 
particularly mentioned that in the third year of 
the war (b. c. 169), the people named the tribunes 
of four legions, which were kept in reserve (Liv. 
xliii. 12) ; and, finally, in the fourth and last year 
of the war (b. c. 168), the senate resolved that 
the tribunes for the eight legions should be named 
one half by the people and one half by the consuls, 
Acmilius Paulua being allowed to select out of the 
whole body those whom he considered best fitted 
for serving in the two legions which he was about 
to transport into Macedonia. Polybius (vi. 19) 
refers incidentally to the fact that some of the 
tribunes were chosen by the people, and some by 
the consuls, but without specifying the proportions, 
and this division of patronage probably subsisted 
so long as the forms of the constitution were main- 
tained, for even under Augustus the people re- 
tained some power, nominally at least, in the 
military elections ; but from the reign of Tiberius 
these offices were held to be in the gift of the 
prince exclusively. It is clear that in the later 
ages of the republic the nomination of tribunes, 
not elected by the people, was vested not in the 
consuls alone but in proconsuls also, and generally 
in those who held the chief command in an army. 
Thus Cicero, when in Cilicia, offered, at the re- 
quest of Brutus, a tribuueship to Scnplius (Cic. ad 
All. vi. 3) ; and the orator, nt another time, gives 
a hint to Caesar, when in Gaul, that he might 
bestow a tribuueship, or some such office, on Tre- 
batius (Cic. ml I'mii. vii. .')) ; while Caesar himself 
found, to his cost, that he had attended too much 
to the claims of friendship in granting these up- 
imintiiients. (Cars. II.<1. i. 39.) Those tribunes 
elected by the votes of the people were termed 
Coiniliiili, those chosen by the ge neral Hufuli ; be- 
cause, says Festus, their privileges were fixed by 
K K I 



504 



EXERCITUS. 



EXERCITUS. 



a law of Rutilius Rufus. (Liv. vii. 5 ; Pseud. 
Ascon. in Verr. Act. i. 30 ; Festus, s. v. Ru/uli.) 
That all tribunes were not upon an equality is 
clear from the expression of Livy (xli. 3.), " L. 
Atius, tribunus primus secundae legionis ;" and, 
from the Cornelian law quoted by Cicero (Pro 
Cluent. 54), where the tribunes of the first four 
legions are evidently regarded as superior to others. 
How this precedence was regulated, whether by 
seniority, by the mode of election, or by some 
other principle we cannot determine. 

We have seen from Polybius that no one was 
eligible to the office of tribune who had not served 
for ten years in the infantry or five in the cavalry. 
This rule admitted of exceptions, for we find that 
the elder Scipio Africanus was tribune of the 
soldiers at the battle of Cannae (Liv. xxii. 53), al- 
though certainly not twenty years old ; and Hor- 
tensius rose to the same rank in his second cam- 
paign. Augustus introduced certain regulations 
altogether new. He permitted the sons of senators 
to wear the tunica laticlavia as soon as they as- 
sumed the manly gown, and to commence their 
military career as tribunes, or as commanders 
(praefecti) of cavalry (Suet. Octav. 38). Such 
persons were the Tribuni Laticlavii (Sueton. Dom. 
10), whom we find frequently commemorated in 
the inscriptions of the empire (Orelli, n. 133, 1665, 
2379, 3113, 3143, 3441), and to these we observe 
allusions in Horace (Sat. i. 6. 25), and in Statius 
(Sglv. v. 1. 97). We find also, in one passage at 
least, the phrase Tribunus Augusticlavius (Suet.Oth. 
10). We can scarcely suppose that raw youths 
entering the army for the first time were actually 
allowed to exercise the authority which the name 
implies ; and hence we may conclude that in their 
case it was a mere honorary title. By the later 
emperors, tribuneships were bestowed without re- 
gard to the birth of the individual ; and, in order 
that they might have an opportunity of obliging a 
greater number of applicants, the post was fre- 
quently conferred for six months only. Hence, we 
read in Pliny (Ep. iv. 4. 1), " Hunc rogo semestri 
tribunatu splendidiorem facias," and in Juvenal, 
" Semestri vatum digitos circumligat aaro," where 
there is an allusion to the gold ring which formed 
one of their insignia. 

Tribunes were, from a very early period, distin- 
guished by their dress from the common soldiers 
(Liv. vii. 34), and their equipments and rations 
in the middle of the third century may be seen 
from a curious letter written by Valerian, when he 
bestowed the command of certain battalions of 
Saracens on Probus. (Vopisc. Prob. 4.) Under 
the empire they were attended by a certain num- 
ber of apparitores, or of soldiers who walked be- 
fore them (Lamprid. Alex. Sev. 52), by a Vicarius, 
or aide-de-camp (Vopisc. Aurelian. 7. 10), and by 
a person termed Comicularius Tribuni (Val. Max. 
vi. 1 ; Frontin. iii. 14 ; Orelli, Inscripp. Lat. 3465), 
who was probably a sort of fugle-man who gave 
certain signals according to the orders which the 
officers wished to communicate — thus we meet 
with the Comicularius of a centurion (Val. Max. 
vi. 1. § 11), of a propraetor (Orell. 3486), and 
others. (Orell. 3487, 3522, comp. 1251, comp. 
Suet. Dom. 17.) 

Tribuni Cohortium.- — It has been maintained by 
some critics, that in addition to the six tribunes of 
the legions there were ten inferior tribunes, each 
of whom commanded a cohort. We have no rea- 



son to believe that any such tribunes existed even 
so late as Hadrian ; for Hyginus, in his minute 
description of a camp, and of the accommodation 
required for the officers, makes no mention of them. 
It is true that we read in Caesar (B. C. ii. 20), 
and in Pliny (Ep. iii. 9 ; comp. Juv. i. 58 ; Stat. 
Sylv. v. 96) of tribunes who commanded cohorts ; 
but those in Caesar were not legionary but auxi- 
liary cohorts, and such, in all probability, was the 
cohort alluded to by Pliny. 

Under Augustus and his successors Tribunus was 
employed with reference to many military offices. 
Thus Velleius Paterculus tells us (ii. 104), that he 
discharged the duties of Tribunus Castrorum, and 
in inscriptions we meet with Tribunus Praetorianus 
(Orell. 1133), Tribunus Fabrum Navalium (Orell. 
3140), and many others. 

Centuriones. — Next in rank to the Tribunus 
was the Centurio, who, as the name implies, com- 
manded a century; and the century, being termed 
also ordo, the centurions were frequently designated 
ordinum ductores (hence, adimere ordines, offerre 
ordines, ordines impetrare, &c), words represented 
in the Greek historians by l/coT0CTapxi)s or to- 
£(apxoj, and more rarely by Xoxayis. The 
number of centurions in a legion was sixty, that 
being at all epochs the number of centuries. 
(Dionys. ix. 107 ; Tac. Ann. i. 32.) 

The moral qualities desired in a centurion are 
described by Polybius (vi. 24), who tells us that 
those regarded as best adapted for the office were 
persons not so much remarkable for daring valour 
as for calmness and sagacity ; men not eager to 
begin a battle at all hazards, but who would keep 
their ground although overwhelmed by a superior 
force, and die rather than quit their post. Their 
chief ordinary duties were to drill the soldiers, to 
inspect their arms, clothing, and food, to watch the 
execution of the toils imposed, to visit the centinels, 
and to regulate the conduct of their men, both in 
the camp and in the field. They sat as judges 
also in minor offences, and had the power of in- 
flicting corporal punishment, whence their badge 
of office was a vine sapling, and thus vitis is fre- 
quently used to denote the office itself. (Tac. Ann. 
i. 23 ; Plin. N. xiv. 1 ; Martial, x. 26 ; comp. 
Juv. viii. 247, xiv. 193, vitem posce UbeUo ; Spar- 
tian. Hadrian. 10.) 

According to the system described by Polybius, 
the centurions were chosen according to merit by the 
tribunes (i^e\e(,av Ta^idpxovs a.piarlvo'riv), subject, 
however, it is evident, to the control of the consuls 
(see Liv. xlii. 33, 34) ; during the decline of there- 
public, it was notorious that these posts were made 
an object of mercenary traffic (Quern enim possumus 
imperatorem aliquo in numero putare, cuius in exer- 
citu veneant centuriatus et venierint ? Cic. pro Leg. 
Manil. 1 3. Quid ? centuriatus palam venditos ? Cic. 
in Pison. 36) ; and under the empire, the greatest 
corruption prevailed (Tac. Hist. i. 52, iii. 49 ; 
Plin. Ep. vi. 25), although many laws, as may be 
seen upon reference to the codes, were promul- 
gated from time to time to remedy such disorders. 

The regular pay of the centurions is considered 
under another head [Stipendium] ; but, in addition 
to this, their income was increased by the money 
which they received from the soldiers for leave 
of absence, exemption from fatiguing or disagree- 
able duties, and other indulgences. This abuse, so 
subversive of all discipline, probably arose during 
the confusion of the civil wars, and gradually be- 



EXERCITUS. 



EXERCITUS. 



505 



came so intolerable that Otho, to satisfy all par- 
ties, granted to the centurions a fixed sum out of 
the imperial exchequer as a compensation for these 
emoluments ; and his example, in this respect, was 
followed by the most worthy of his successors. 
(Tac. Hist. i. 46 ; comp. i. 17.) Even the tribunes 
appear to have derived perquisites, called stella- 
turae, from the rations of the soldiers, and these, 
although for a time strictly prohibited, were 
eventually recognised as lawful. ( Spartian. Hadr. 
10 ; Spartian. Pescenn. Xig. 3 ; Lamprid. Alex. 
&i>. 15 ; Cod. 12. tit. 38. s. 12 ; Cod. Theod. 7. 
tit 4. s. 28.) 

It will be seen from Polybius that of the two 
centurions in each maniple the one first chosen 
took the command of the right division (<S fihv 
irpSrros a'tpfdf'ts ■rrye'iTai toC 5e|io5 iiepovs rrjs 
cireipas), the other of the left. The century to 
the right was considered as the first century of the 
maniple, and its commander took precedence pro- 
bably with the title Prior, his companion to the left 
being called Posterior, the priores in each of the 
three divisions of Triarii, Principes, and Hastati 
being the ten centurions first chosen. (Polyb. vi. 
24.) So long as these divisions were recognised, 
all the centurions of the Triarii appear to have 
ranked before those of the Principes, and all the 
centurions of the Principes before those of the 
Hastati. Moreover, since the maniples were 
numbered in each division from 1 to 10, there was 
probably a regular progression from the first cen- 
turion of the first maniple down to the second 
centurion of the tenth maniple. 

The first centurion of the first maniple of the 
Triarii, originally named (Liv. vii. 41) Centurio 
Primus, and afterwards Centurio Primipili, or 
simply Primipilus, occupied a very conspicuous 
position. He stood next in rank to the Tribuni 
inilitum ; he had a seat in the military council 
( Polyb. vi. 24) ; to his charge was committed the 
eagle of the legion, whence he is sometimes stvled 
Aquilifer (Val. Max. i. 6. § 11; Tac. Hut in." 22; 
Dionys. x. 36), and, under the empire at least, his 
office was very lucrative (locupletem a/piilam, Juv. 
xiv. 197 ; Mart. i. 32, vi. 58). 

A scries of terms connected with these arrange- 
ments are furnished by the narrative which Sp. 
Ligustinus gi\ - cs of his own career in the 34th 
chapter of the 42d Book of Livy. He thus 
enumerates the various steps of his promotion : 
" Miht T. Quinctius Flamininus decumum ordinem 
hnstatum adsignavit ... me imperator dignum ju- 
dicavit cui primum hastatum prions cenluriae ad- 
signaret ... a M\ Acilio mihi primus princej>s 
prioris cmluriae est adsignatus . . . quatcr intra 
paticos anno9 primum pilum duxi." The gradual 
ascent from the ranks being to the post of cen- 
turion : 1. In the tenth maniple of the Hastati. 2. 
In the first century of the first maniple of the Has- 
tati. 3. In the first century of the first maniple of 
the Principes. 4. In the first century of the first 
maniple of the Triarii. 

Hut even after the distinction between Hastati, 
Principes, and Triarii was altogether abolished, 
and they were all blended together in the cohorts, 
the same nomenclature with regard to the centuries 
and their commanders was retained, although it is 
by no means easy to perceive how it was applii-d. 
The cohorts being numbered from 1 to 10, and 
the first cohort having unquestionably thr precr- 
dence o>er the others, we may suppose that the 



rest took rank in like manner in regular order, 
each containing three maniples. The first maniple 
in each cohort may have been considered as repre- 
senting Triarii according to the ancient arrange- 
ment, the second maniple in each cohort as repre- 
senting Principes, the third as representing Hastati. 
If this hypothesis be admitted, the Primipilus, 
whom we find mentioned down to a very late date, 
was, under the new system, the first centurion of 
the first maniple of the first cohort, and as such had 
as formerly the charge of the eagle ; thus also, 
when Caesar says (B. C. iiL 64), " Hoc casu 
aquila conservatur omnibus primae cohortis centu- 
rionibus interfectis praeter principem pn'orem," he 
must intend to designate the first centurion of the 
second maniple of the first cohort, who would at 
full length have been denominated primus princeps 
prior ; in like manner, " Cretensi bello ociavum 
principem duxit " (Ep. ad lirut. L 8) will denote 
the second maniple of the eighth cohort, " Q. 
Fulginius ex primo hustato legionis XIV. qui 
propter eximiam virtutem ex inferioribus ordinibus 
in eum locum pervenerat" (Caes. B. C. i. 46), and 
" Cum signifer primi hastati signum non posset 
movere loco " (Cic. de Div. i. 35), the third maniple 
of the first cohort. 

That great differences of rank existed among the 
centurions is evident from the phrases primores 
centurionum (Liv. xxvi. 5), primi ordincs (i. e. chief 
centurions, Caes. B. C. vi. 6), as opposed to infe- 
riores ordines (Caes. B. C. i. 46), and ivfimi ordincs 
(Ibid. ii. 35) ; and that promotion from a lower 
to a higher grade frequently took place, is evident 
from the career of Ligustinus as detailed by him- 
self (Liv. xlii. 34), of Scaeva, who was raised "ab 
octavis ordinibus ad primum pilum " (Caes. B. C. 
iii. 53) for his gallant conduct at Dyrrhachium, 
and from many other passages of which it will be 
sufficient to quote one from Caesar (B. G. vi. 42) : 
" Centuriones quorum nonnulli ex inferioribus ordi- 
nibus reliquarum legionum virtutis causa in su/>e- 
riorea erant ordines huius legionis traducti ;" but 
we are ignorant whether in ordinary cases this 
promotion proceeded regularly, or was conducted 
according to any fixed principle. While on the 
one hand we should be led to infer that there was 
some regular progression, from such observations as 
" Kraut in ea legione fortissimi viri centuriones 
qui jam primis ordinibus uppropinquarcnt " (Caes. 
B. (J. v. 44), and while it is probable that such 
was actually the case when the legion became per- 
manent, so on the other hand it is difficult to sec 
how promotion could have been systematic during 
the long period when the legions were disbanded 
annually, since the choice of the centurion depended 
entirely upon the discretion of the tribunes subject 
to the control of the general, who was himsi If 
changed from year to year, so that those who served 
together in one season might be in different legions 
and different countries the next Nor was it un- 
constitutional for a centurion who had commanded 
one of the higher companies to be called upon sub- 
sequently to fill lower stations : this was not 
common, as we perceive from a case in which 
strenuous resistance was offered by twenty-three 
centurions "qui primos pilos duxc rant " to enrolling 
unless thrir fonm-r rmk was k'uaranteed to them 
(Liv. xlii. 32, 33), but this resistance was overcome, 
and it was held, that the consul ought not to be 
pri-vi-ntfil from ai-i^'iiini; that |x»t to any individual 
in which his services were likely to prove most 



506 EXERCITUS. 

valuable to the state. It was not until the year 
b. c. 341, that a law was passed by which it was 
ordained, that no one who had held the office of 
military tribune should be eligible as a centurion 
(ne guis, ubi tribunus militum fuisset,postea ordinum 
ductor esset, Liv. vii. 41), and at that time the 
regulation was made in consequence of the dislike 
entertained by the soldiers to a particular individual 
who during a succession of years had been alter- 
nately a tribune and primipilus. 

Optiones. — In like manner as the tribunes named 
the centurions, so each centurion named his own 
lieutenant, who is called by Polybius ovpayds, be- 
cause his station was in the rear of the company. 
By Livy (viii. 8), a subaltern of this kind is named 
subcenturio, but the individual there mentioned was 
selected for a particular purpose, and it seems clear 
from Varro and Festus that the regular term was 
optio, which signifies in general a person chosen 
(optatus), by another as an assistant. They agree 
as to the etymology, but the former (L. L. v. 91) 
confines the term to the lieutenant chosen originally 
by the decurio in a troop of cavalry, and adds that 
the tribunes had assumed to themselves the patron- 
age, " Quos hi (sc. decuriones) primo administros 
ipsi sibi adoptabant, optiones vocari coepti, quos 
nunc propter ambitiones tribuni faciunt," while the 
words of the latter (p. 198, ed. Miiller), although 
very corrupt, seem to imply that they had been 
originally appointed by the tribunes, and the nomi- 
nation afterwards transferred to the centurions : 
" Optio qui nunc dicitur, antea appellabatur Ac- 
census, his adjutor dabatur a Trib. Militum, qui 
ex eo tempore, quem velint, centurionibus per- 
mission est optare, etiam nomen ex facto sortitus 
est." The explanation in the Excerpta of Paulus 
Diaconus, is somewhat different from either : " Op- 
tio est optatio, sed in re militari optio appellatur 
is, quem decurio aut centurio optat sibi rerum 
privatarum ministrum, quo facilius obeat publica 
officia" (p. 184, ed. Miiller). 

Fourth Period. From the times of the Gracchi 
until the downfall of tlie Republic. — The century 
which immediately preceded the destruction of the 
Roman constitution, was above all others a season 
of restless excitement and revolution. A vast num- 
ber of organic changes was introduced into the 
army, the greater number of which are commonly 
ascribed to Marius, but, although he was un- 
doubtedly the author of many most important 
modifications, others not less vital were the result 
of the new position assumed by the Italian states ; 
and some must have required so much time for 
their full development, that they could scarcely 
have been the work of a single individual. We 
shall call attention very briefly to the leading 
features of the new system, in so far as they can 
be gleaned from the pages of Sallust, Caesar, and 
Plutarch, who must be here regarded as our chief 
guides. 

1. In the first consulship of Marius, the legions 
were thrown open to citizens of all grades, without 
distinction of fortune. (See above.) 

2. The whole of the legionaries were armed and 
equipped in the same manner, all being now fur- 
nished with the pilum ; and hence we see in Taci- 
tus {Ann. xii. 35) the pila and gladii of the legion- 
aries, opposed to the hastae and sputhae of the 
auxiliaries. 

3. The legionaries when in battle order were no 
longer arranged in three lines, each consisting of 



EXERCITUS. 
ten maniples with an open space between each ma- 
niple, but in two lines, each consisting of five co- 
horts with a space between each cohort. 

4. The younger soldiers were no longer placed in 
the front, but in reserve, the van being composed 
of veterans as may be seen from various passages 
in Caesar. 

5. As a necessary result of the above arrange- 
ments, the distinction between Hastati, Principes, 
and Triarii ceased to exist. These names, as applied 
to particular classes of soldiers, are not found in 
Caesar, in Tacitus, in the treatise of Hyginus on 
castrametation, nor in any writer upon military af- 
fairs after the time of Marius, while Varro explains 
them as terms no longer in use. The words Has- 
tatus and Princeps occur at a later period, in con- 
nection with the legion, but are used only with 
reference to the precedence of the centuries and of 
the officers by whom they were commanded, as we 
have pointed out when treating of the centuriones. 

6. The Velites disappeared. The skirmishers, 
included under the general term levis armatura, 
consisted for the most part of foreign mercenaries 
possessing peculiar skill in the use of some national 
weapon, such as the Balearic slingers (funditores), 
the Cretan archers (sagittarii), and the Moorish 
dartmen ( jaculatores). Troops of this description 
had, it is true, been employed by the Romans even 
before the second Punic war (Liv. xxii. 37), and 
were denominated levium armatorum (s. armorum) 
auxilia (Liv. I. c. and xlii. 65, where they are dis- 
tinguished from the Velites), but now the levis 
armatura consisted exclusively of foreigners, were 
formed into a regular corps under their own officers, 
and no longer entered into the constitution of the 
legion ; indeed, the terms Ugionarius and levis 
armatura became opposed to each other in the 
Latin writers, just as SttAitcu and i|/iA.oi among 
the Greeks (e. g. " ceciderunt ex levi armatura 
cccxxiv. ex legionariis cxxxviii," Auct. de B. His- 
pan. 24, comp. Tacit. Ann. ii. 16). The word 
velites is not found in Caesar, and that they had 
ceased to exist when Livy wrote is clear from the 
expression in his description of the battle of Zama, 
where after having used the word " velitibus," he 
adds the explanation "ea tunc levis armatura erat" 
(xxx. 33). When operations requiring great ac- 
tivity were undertaken, such as could not be per- 
formed by mere skirmishers, detachments of le- 
gionaries were lightly equipped, and marched 
without baggage, for these special services ; and 
hence, the frequent occurrence of such phrases as 
expediti, expediti milites, expeditae cohortes, and even 
expeditae legiones. 

7. The cavalry of the legion underwent a change 
in every respect analogous to that which took place 
in regard of the light -armed troops. Whoever 
reads with attention the history of Caesar's cam- 
paigns in Gaul, will perceive that the number of 
Roman equites attached to his army was very small, 
and that they were chiefly employed as aide-de- 
camps, and on confidential missions. On the other 
hand, it is evident that the bulk of his cavalry con- 
sisted of foreigners, a fact which becomes strikingly 
apparent when we read that Ariovistus having 
stipulated that the Roman general should come to 
their conference attended by cavalry alone, Caesar 
feeling no confidence in his Gaulish horse, dis- 
mounted them and supplied their place by soldiers 
of the tenth legion. (B. G. i. 42.) In like manner 
they ceased to form part of the legion, and from 



EXERCITUS. 



EXERCITUS. 



507 



this time forward we find the legions and the 
cavalry spoken of as completely distinct from each 
other {e.g. Caesar, B. G. v. 11, 18 ; Appian, B. C. 
v. 5). Whether there was not to a certain extent 
a return to the ancient system under the empire, is 
a question which will fall to be considered in the 
next section. 

8. When, after the termination of the Social War, 
a large proportion of the inhabitants of Italy were 
admitted to the privilege of Roman citizens, the 
ancient distinction so long maintained between the 
Legiones and the Socii at once disappeared, all who 
had formerly served as Socii became as a matter 
of right incorporated with the legiones, and an 
army during the last years of the republic and 
under the earlier emperors consisted of Iiomanae 
Legiones el Auxilia s. Auxiliares, the latter terra 
comprehending troops of all kinds, except the 
legions and the imperial guards, whether infantry 
or cavalry, light armed or heavy armed, merce- 
naries in the pay of the state or contingents fur- 
nished at the cost of kings and cities in alliance 
with Rome. The infantry, not legionary, was for 
the most part organised in battalions called co- 
Itortes, the cavalry in squadrons called aloe, the 
numbers in each cohors and aJa varying according 
to circumstances, and hence such phrases as alae 
auxiliar/ue coltortium (Tacit. Arm. iv. 5) ; agmen 
Ugionum alae cohortesque praereniroanl. (Tacit. H. 
ii. 11.) Whenever the word socii is applied to 
troops after the date of the Marsic war, it is gene- 
rally to be regarded as equivalent to auxiliares, 
although a distinction is occasionally drawn be- 
tween socii in the sense of the civilised allies or 
subjects of Rome, and the barbarian Germans, 
Numidians, Spaniards and others who are more 
specially termed auxiliares (Auxiliares dicuntur 
in iello socii Homanorum exlerarum nalionum, Paul. 
Diac). In the description of the army of Germa- 
nicus, as marshalled to encounter Arminius, sociae 
co/tortes is used in the most extended signification, 
for we are told that the army was composed of 
auxiliares Colli Germanique, pediles sugitlarii, 
quatuor legiones, duae praetoriae cohortes ac delecli 
equites, quatuor legiones, lens armatura, equiles 
sugittarii, ceterae sociorum co/tortes. 

9. The manner of levying troops in Italy must 
necessarily have changed with this change of cir- 
cumstances. We are destitute of any definite in- 
formation, but, in all probability, a system of con- 
scription was established and carried out by means 
of (Jonquisitnres, such as were occasionally appointed 
in ancient times when difficulty was experienced 
in finding men (see Liv. xxii. 11 ; comp. Cic. ad 
AU. vii. 10 ; Hirt, B. Alex. 2) ; and we find that 
the Emperor Tiberius was not satisfied with ob- 
taining volunteers, whom he regarded as, for the 
most part, an indilferent class of soldiers, and in- 
sisted upon the necessity of recruiting the legions 
* delectibus." {Ann. iv. 4.) 

10. The most important change of all, in so far 
as society at large was concerned, was that to 
which we have already adverted, the establishment 
namely of the military profession, and the distinc- 
tion now first introduced between the civilian and 
the soldier. This naturally led to the abrogation 
of the rule, still in force whi n Polybiui wrote, by 
which no one could hold any magistracy (toAi- 
tikV apxhv) until he had completed ten years of 
military service, a rub' which had fallen so com- 
pletely into desuetude in the course of sixty or 



seventy years afterwards, that we see Cicero pass- 
ing through all the highest dignities and attaining 
to the consulship, although his experience of a 
military life was limited to a single campaign under 
Pompeius Strabo. 

Fifth Period. From the establishment of Vie Im- 
perial government until the age of tlie Antonines, 
B. c. 31 — a. D. 150. — We shall be enabled to form 
a correct idea of the materials which constituted an 
imperial army during the first two centuries of our 
era by passing under renew the various kinds of 
troops for which Hyginus proposes to provide ac- 
commodation in the camp, whose construction he 
describes [Castra]. We shall not take these 
precisely in the order in which they are named by 
him, but shall endeavour to arrange them sys- 
tematically. 

A regular army during this period consisted of 
a certain number of Legiones and of Supplementa, 
the Supplementa being again divided into the im- 
perial guards, which appear under several different 
forms, distinguished by different names ; and the 
Auxilia, which were subdivided into Sociae Co- 
hortes and Xutiones, the latter being for the most 
part barbarians. 

1. The legiones, as we have already had occa- 
sion to point out, although still composed of per- 
sons who enjoyed the privileges of Roman citizens, 
were now raised almost exclusively in the pro- 
vinces ; and hence Tiberius, when about to under- 
take his long projected progress through the pro- 
vinces, alleged as one of his excuses for quitting 
Italy, the necessity of recruiting the legions by 
a regular levy or conscription. (Tac. Ann. iv. 
4.) The legion was divided into ten cohorts, and 
each cohort into six centuries ; the first cohort, 
which had the custody of the eagle, was double 
the size of the others, and contained 960 men, the 
remaining cohorts contained each 480 men ; and 
consequently each ordinary century 80 men, the 
total strength of the legion being thus 5280 men. 

2. Legionum Vcxillarii. The term Vexillarii or 
Vexilta, which is found repeatedly in Tacitus, has 
proved a source of the greatest embarrassment to 
commentators, and a vast number of hypotheses, 
all of them highly unsatisfactory, have been pro- 
pounded in order to reconcile the statements of the 
historian, which at first sight appear replete with 
contradictions. But the difficulty has arisen en- 
tirely from almost all critics having entered upon 
a wrong path from the very first, starting upon the 
supposition that Vexillarii, in every case, denoted 
troops of the same kind, whereas, in reality, the 
word is a general term ; and we must ascertain its 
signification in each particular case from the words 
with which it is immediately joined or the general 
context of the passage. Vexillum is used in the 
earliest account of the mampular legion (Liv. viii. 
8) to denote the standard of the ordo or maniple, 
vexillarius being the standard bearer ; and in pro- 
cess of time, vexillum was employed to denote any 
military standard whatsoever, except the sacred 
eagle of the legion. By a careful examination of 
the various passages in Tacitus where Vexillarii 
arc mentioned, it will be seen that he designates 
by this appellaliiui any body of soldiers serving 
apart from the legion under a separate ensign, or 
even an army collectively. In this sense we must 
understand such expressions as Vexillum tironum 
(Ann. ii. 78); Ctrmanicu rrxilla (Hist. i. 81); 
Ccrmanis vexillis {lint. i. 70) ; rcxillis inferioris 



508 



EXERCITUS. 



EXERCITUS. 



Germaniae praeventus est {Hist. i. 53) ; Equitum 
vexilla (Hist. ii. 11). Compare, Manipuli ante 
coeptam seditionem Nauportum missi . . . vexilla 
convettunt (Ann. i. 20). But when Vexillarii or 
Vexilla are accompanied by any word which de- 
notes an immediate connection with a legion, as 
vexillarii discordium legionum {Ann. i. 38) ; quarta 
decima legio cum vexillariis vicesimanis (Ann. xiv. 
34) ; cum vexillis nonae secundaeque et vicesimae 
Britannicarum legionum (Hist. iii. 22), then they 
bear a specific meaning connected with certain 
changes introduced by Augustus. We have seen 
that under the republic a citizen might be called 
upon to serve for twenty years in the infantry ; 
when the legions became permanent the full pe- 
riod was generally exacted, and those who chose 
to remain after their time was completed, were 
termed veterani. Augustus, in the year B. c. 13, 
limited the period of service to twelve years for the 
praetorians, and sixteen for the legionaries, after 
which they were to be entitled to an honourable 
discharge (missio honesta), and to receive a bounty 
(praemium, commoda missionum) ; but not long 
afterwards, A. D. 5, it was found necessary to in- 
crease the period to sixteen years for the prae- 
torians, and twenty for the legionaries. At this 
time it appears probable that the practice was first 
introduced of discharging the soldiers from the 
legion at the end of sixteen years, and keeping 
them together under a vexillum with peculiar 
privileges during the remaining four years of their 
service. Abuses, however, crept in, and many 
soldiers, instead of being pensioned off at the end 
of twenty years, were compelled to remain for a 
much longer period, and the discontent caused by 
such oppression gave rise to the formidable mutinies 
in Pannonia and Germany, which burst forth im- 
mediately after the accession of Tiberius. The 
soldiers then demanded that the original arrange- 
ment by Augustus should be restored, and that 
they should receive a full discharge and the bounty 
at the end of sixteen years ; while, in order to 
calm their wrath, Germanicus proposed to put an 
end to the disorders of which they complained, 
and to carry honestly into effect the second arrange- 
ment according to which they were to serve in the 
legion for sixteen years, and then being embodied 
under a vexillum by themselves to be relieved 
of all irksome labours, and to be required only to 
face the enemy in the field. (Dion Cass. liv. 25, 
lv. 23 ; Suet. Octav. 49 ; Tacit. Ann. i. 17, 36, the 
proposal contained in the last passage being in 
these words : missionem dari vicena stipendia me- 
ritis ; exauctorari, qui senadena fecissent, ac retineri 
sub vexillo, ceterorum immunes nisi propulsandi 
hostis). The vexillarii or vexilla legionum, then, 
were those soldiers who, after having served in 
the legion for sixteen years, became exauctorati, 
but continued to serve in company with that legion, 
under a vexillum of their own, until they received 
their full discharge. Hyginus states the number 
attached to each legion as usually about five or six 
hundred. 

3. Evocati (avaicKT]Toi). Dion Cassius tells us 
that Augustus began to employ troops bearing this 
denomination when he called out (avendXeirev) the 
veterans of Julius Caesar to aid him against An- 
tonius. They still, says Dion, form a peculiar 
corps (o-vcrTriixa ISiov), and carry sticks in their 
hands like centurions. (Dion Cass. xlv. 12, lv. 24). 
Galba gave the name of Evocati to a body of life- 



guards instituted by himself, who are described by 
Suetonius (Galb. 10), "Delegit et equestris ordinis 
juvenes, qui, manente annulorum aureorum usu, 
Evocati appellarentur, excubiasque circa cubiculum 
suum vice militum agerent." 

4. Cokortes Praetoriae. To these a separate 
article is devoted. [Praetoriani.] 

5. Equites Praetoriani. [Praetoriani.] 

6. Primipilares. These, according to the arrange- 
ments of the Hyginian camp, were placed close to 
the person of the emperor, and must have been a 
small corps, consisting of persona who had dis- 
charged the office of legionary Primipilus, and 
who now acted as guards or aide-de camps to the 
commander-in-chief. Primipilares is met with fre- 
quently in Tacitus and in inscriptions (e.g. Tacit. 
Ann. ii. 11, iv. 72, Hist. i. 31, 87, ii. 22, iii. 70, 
iv. 15, Ann. xiii. 36 ; Orelli, No. 517, 748, 3568). 

7. Officiates. These appear to have been public 
servants. Thus we read in Appuleius of the offi- 
cialis of an aedile, and in Ulpian of the officialis of 
a praefect. (Dig. 36. tit. 4. s. 5 ; comp. Gruter, 
Inscr. p. ccccxxii. ; Orelli, No. 2952, 4013.) 

8. Equites Singulares Imperatoris. These are 
classed by Hyginus along with the Equites Prae- 
toriani, were like them quartered in the Latera 
Praetorii, and equalled or slightly exceeded them 
in number. The only classical author by whom 
they are noticed is Tacitus, who, in that portion 
of his Histories (iv. 70) where he is describing the 
confusion that arose upon the death of Vitellius, 
mentions among the troops " ala Singularium ex- 
cita olim a Vitellio, deinde in partes Vespasiani 
transgressa," but they are very frequently com- 
memorated in inscriptions, as Equites Singulares s. 
Singularii Imperatoris — A ugusti — Caesaris — Do - 
mini Nostri, &c. (Orell. No. 3525, &c, 3100, 
3496, 1576), and on one stone we read T. Flavius. 
Quintinus. Eq. Sing. Aug. Lectus. Ex. Exer- 
citu. Raetico. Ex. Ala. Flavia. Pia. Fideli. 
Milliaria. (Orell. No. 3409), which may lead 
us to suppose that they received their appellation 
in consequence of being selected individually from 
other corps, and thus they may belong to the same 
class with the Equites Electi (Orell. 3155) and the 
Eq. Cust. Aug. (Orell. 4453). 

9. Statores. — Hyginus assigns a place for two 
" Centuriae Statorum " immediately in the rear of 
the Praetorium which they protected, and allots to 
them, as to the Praetorians, twice as much space, 
in proportion to their numbers, as to the troops of 
the line. Hence, it is evident that they were 
ranked among the life-guards, although members of 
their body may have been employed in the capacity 
of couriers, as persons bearing the same designation 
certainly were employed both under the republic 
and the empire by those invested with military 
command. (Cic. ad Fam. ii. 17, 19 ; " ut ad te 
statores meos et lictores cum Uteris mitterem ; " 
comp. x. 21 ; Vulcat. Gallic. Avid. Cass. 9 ; Lam- 
prid. Alex. Sev. 52 ; Ulpian, Dig. 1. tit. 16. s. 4.) 
In inscriptions we find Stator. Aug. (Orell. 
3524), Stator. Civitatis. Vienes. (Ib. 2780), 
and once Statorum. Evocati. (Ib. 3422.) 

10. Speculatores, although not provided for by 
Hyginus, ought to be mentioned here, since they 
also occupied a place among the personal attendants 
of the emperors (Tpsum Othonem comitabantur 
speculatorum lecta corpora, Tacit. Hist. ii. 11, 
comp. i. 24 ; Suet. Octav. 74.). They were the 
executioners of the army (Scnec. de Ira, i. 16 .; 



EXERCITUS. 



EXERCITUS. 



509 



St. Mark, vi. 27, and comment, of Cbrysost. ; comp. 
Suet. Calig. 32), and seem to have acted as couriers 
likewise. (Tacit. Hist iL 73.) They formed a 
regular corps with officers of their own (Tacitus 
speaks of an optio speculatorum, H. i. 25), and 
must have been numerous, as appears from such 
expressions as " praetoriarum cohortium et specula- 
torum equitumque valida manus " (Tacit. H. ii. 
33) ; and from inscriptions where mention is made 
of a sixth cohort of speculators (OrelL 3513) ; 
while from another inscription, in which a certain 
L. Veturius is styled Praef. Turmae. Specu- 
lat., it is manifest that there must have been 
mounted speculatores. The word is used also by 
Tacitus to denote an ordinary scout {Ann. ii. 12.) 

1 1 . The scouts, however, formed a distinct body 
under the name of Exjiloratores, and Hyginus 
quarters them appropriately at the extremity of the 
camp nearest to the Praetorian gate, and close to 
the Pioneers. 

12. Alae. — From the time when the cavalry 
were separated from the legion they were formed 
into bodies called alar, which varied in number 
according to circumstances. Hyginus provides ac- 
commodation in his camp for four Alae Milliariae, 
and for five Alae Quingenariae. 

The Ala Mil/iaria was divided into 24 turmae, 
each of which, according to the conjecture of 
Schelius, consisted of 40 men except the first 
which had 30. The commander of the whole was 
the Prae/ectus Alae, the inferior officers were 24 
decuriunes, 24 duplirarii, and 24 sesquifilurii, that 
is, a decurio, a duplicarius, and a sesquiplarius fur 
each turn..!. 

The A/a Quingenariu was divided into 1 6 turmae 
with a decurio, a duplicarius and sesquiplarius for 
each, and we may suppose that each turma con- 
sisted of 30 men except the first, which thus would 
have 50. 

Each decurio had three horses allowed to him, 
each duplicarius and each sesquiplarius two horses, 
so that the total number of horses in the Ala Mil- 
Maria was 1090, and in the Ala Quingenariu 504, 
exclusive of those belonging to the Praefecti. 

It is evident that the duplicurii and se&juiplarii 
here named were subalterns ; according to the 
ancient signification of du/Mcarius, as interpreted 
by Varro (L. L. v. § 90), it denoted a soldier who 
on account of his valour was allowed double ra- 
tions (romp. Liv. xxiv. 47, ii. 59), which must of 
course have been convertible into increased pay. 
(Orelli, C. /. 3535.) Such persons are frequently 
presented to us in inscriptions under the cognate 
forms dujilarius, duplicarius, and dupticiarius. Thus 
we have D'JPI.. N. ExPLOR. (I)ujJarii numeri 
rijJorn/orum, Orell. 200) ; Duplario Leo. I. 
(lb. 3531); Dt'PL ARIUS Ai.arius (lb. 2003) ; 

Duplicarius (lb. 3533); DuPLICIAR. (Ib. 3534). 
fjrsquiplariun, which evidently denotes a soldier 
who received a ration and a half, appears in no 
authors except Hyginus and Vcgctius, of whom 
the latter gives them gold collars and styles them 
'/'ortpiati dn/ilan-s, turqnati sr^uiplarrs (ii. 7), but 
the title is met with in inscriptions. (Orell. 8470.) 

1 3. Mauri Eqnites. I'annonii Veredarii. — 
The Alar were raised in tin- Koman province* and 
consisted, probably, for the most part, of citizens, 
or at least subjects. lint in addition to these 
every army at this period was attended by 
squadrons of light horse composed entirely of bar- 
barians ; and the chief duty performed by those 



named above was guarding the pioneers as they 
performed their labours in advance of the army. 
When Tacitus speaks of " Alares Pannonios, 
robur equitatus " {Ann. xv. 10) he must mean 
cavalry of a different description from the Paii- 
nonii veredarii of Hyginus. who, probably, re- 
sembled the Cossacks of modern warfare. 

14. Coliortes peditalae, were battalions raised 
chiefly in the provinces, composed of Roman citi- 
zens, of subjects and allies, or of citizens, allies, 
and subjects indiscriminately. They were, it 
would appear, not bound down by the same strict 
rules with regard to the period of service as the 
legionaries, not so heavily equipped, and not sub- 
jected to the same exhausting labours. Vegetius, 
in the chapter where he endeavours to account for 
the decay of the legionary force (ii. 3), throws 
some light upon these points. To this class of 
troops belonged the coliortes auxiliares, the auxilia 
cohortium, and the sociorum coliortes, of whom we 
read in Tacitus, together with a multitude of 
others recorded in inscriptions and named for the 
most part from the nations of which they were com- 
posed. The expression co/iortcm decimam octavam 
(Tacit. //. i. 64) indicates that these cohorts were 
numbered regularly like the legions. Hyginus 
provides accommodation for Coliortes peditatae mil- 
liariae tres, and Coliortes peditatae quingenariae ires. 

15. C'ohorles Equitatae differed from the Pctli- 
tatae in this only, that they were made up of in- 
fantry combined with cavalry. A Co/iors Etpiitata 
Milliaria contained 760 foot soldiers divided into 
10 centuries, and 240 horsemen divided into 10 
turmae. A Coliors Equitala quingenariu contained 
380 foot-soldiers divided into six (?) centuries and 
1 20 horsemen, divided into 5 turmae. There is an 
inscription in the collections of Gruter (p. mcviii.) 
to the memory of L. Flavius, who among other 
military titles is styled Praef. Con. Primae. 
Equitatae. Civ. Roman, in. German. In- 
feriors ; Pliny, in one of his epistles (x. 108), 
and Trajan in his reply, make use of the terms 
Coliors erpicstris, the former mentioning n centurion 
in connection with it, which provesthat it contained 
m&ntry. Tacitus {Hist. iv. 19) speaks of cohorts 
of the Batavi and Canninefates, who, among other 
demands, insisted that the number of horse should 
be increased {augcri numcrum equitum) ; and 
Josephus, in describing the army of Vespasian, 
notices 10 cohorts (airtipai) of GOO infantry and 
120 cavalry, a series of passages which evidently 
refer to Coliortes Eijuitatac. The Coliortes Pe- 
ditatae are not mentioned under that name except 
by Hyginus, but are indicated by Tacitus in the 
words {Ann. xiii. 35), " ex Germania legio ccm 
equitibus alar i is et jjeditutu cohortium." Hyginus 
allows space for Cohorlrs equitatae milliariae dune, 
and Coliortes erjuitatae quinijcnuriac quutuor. 

1G. Clussici, which we may fairly render Ma- 
rines, were employed, according to Hyginus, as 
pioneers. They corresponded to the Novates Socii, 
under the republic, who were always regarded as 
inferior to regular soldiers, and were recruited, as 
we leant from Polybius, among those persons 
whose fortune did nut entitle them to etdist in the 
legions. After the establishment by Augustus of 
regular permanent fleet* at Miseniini, Ravenna, 
and on the coast of Qaul, n large body of men 
must have been required to man them, who, when 
their service* were not required afloat, were called 
upon, at least in great emergencies, tn serve a» 



510 



EXERCITUS. 



EXERCITUS. 



ordinary soldiers. Tacitus mentions at the com- 
mencement of his history (i. 6), that Galba found 
in the city a legion " quam e classe Nero conscrip- 
serat " (comp. Dion Cass. Ixiv. 3 ; Suet. Galb. 12 ; 
Plut. Galb. 15), which he subsequently (i. 31, 36) 
terms " legio classica " and " classicorum legio " 
(comp. ii. 11, 14, 17, 22, iii. 55), and elsewhere 
(ii. 67) we hear of the "prima classicorum legio." 
In the Annals classiarius is the form which he 
generally employs, as classiariorum copia (Ann.iY. 
27), and centurione classiario (Ann. xiv. 8). 

17. Nationes. — These occupied the same posi- 
tion with regard to the sociae cohortes, that the 
Mauri and Pannonii Veredarii did with regard to 
the regular Aloe of cavalry. They were battalions 
composed entirely of barbarians, or of the most 
uncivilised among the subjects of Rome, and were 
probably chiefly employed upon outpost duties. 
Hyginus allows space for 3300, consisting of Pal- 
myreni ; Gaetae ; Dad ; Britones ; Cantabri. 

Urbanae Cohortes. — We may take occasion to 
notice in this place two bodies of men established 
during the first years of the empire, who held a 
station intermediate between regular troops and 
an armed police, their services being, properly 
speaking, confined to the city. These were the 
Urbanae Cohortes and the Cohortes Vigilum. 

Dion Cassius (lv. 24) informs us that Augustus, 
in addition to the praetorian cohorts, instituted a 
force of city guards, amounting to six thousand 
men divided into four battalions : to these he else- 
where gives the name of do-riKoi (lix. 2), while, 
by the Latin writers, they are usually distin- 
guished as Cohortes Urbanae or Urbana militia, 
their quarters, which were within the city, being 
the Urbana Castra. According to Tacitus, who 
states the number of cohorts at three only, they, 
like the praetorians, were levied in Latium, Umbria, 
Etruria, and the ancient Roman colonies (Tacit. 
Ann. iv. 5), and were under the immediate com- 
mand of the praefect of the city, whence it was 
urged upon Flavius Sabinus (Tacit. Hist. iii. 64), 
" esse illi proprium militem cohortium urbanarum." 

Cohortes Vigilum. — Augustus organised a large 
body of night-watchers also, whose chief duty was 
to act as firemen (Adversus incendia excubias noc- 
turnas vigilesque commentus est, Sueton. Octav. 30). 
They were divided into seven cohorts, in the pro- 
portion of one cohort to each two Regiones, were 
stationed in fourteen guardhouses (excubitoria), 
and are called vvKro<pvXaKes by the Greek, Co- 
hortes Vigilum by the Latin writers. They were 
commanded by a Praefectus (Tacit. Ann. xi. 35), 
who was of equestrian rank ; but the corps, in con- 
sequence of being raised among the class of li- 
bertini, was regarded as occupying a position in- 
ferior to that of regular soldiers (Dion Cass. lv. 26, 
lix. 2). In Tacitus (Hist. iii. 64), they are termed 
the servitia of the aristocracy, and Suetonius (Octav. 
25) alludes to them as " libertino milite." (Comp. 
Dig. 1. tit. 15. s. 3.) 

Equipment of the Troops under the Empire. 

Josephus has transmitted to us a description of 
the equipment of the Roman troops, and his testi- 
mony is peculiarly valuable, proceeding, as it does, 
from a competent eye-witness (B. J. iii. 5. § 5). 

The infantry wore cuirasses, helmets, and two 
swords (Siwpa^i re irecppayfxevoi Kai Kpdveai Kal 
fiaxaipocpopovvres dfityorepaidev), that is, a long 
sword on the left, and a short dagger (o-iri6afiris 



ov irXeov e% f < jioj/cos) on the right side. The select 
infantry in attendance upon the general carried a 
long spear (X6yxw, hastam), and a round shield 
(acririSa, clipeum) ; the rest of the legionaries (y 
Be Xoiir)) (pdXay^) a pilum (?) (£ikttoV), and a 
scutum (Svpebv iiri/xiiKri). In addition, each man 
had a saw and a basket (irpiova, Kal ic6<pivov), a 
mattock and a hatchet (afiyv Kal ireXeKvv), a leather 
strap, a hook anil a chain (ifidvra Kal Speiravov 
Kai aXvrriv), together with provisions for three 
days, — so that, says Josephus, the Roman in- 
fantry differ little from mules of burden. 

The Equites wore helmets and cuirasses like 
the infantry, with a broadsword at their right side 
(/j-dxaipa fxaKpd), and carried in their hand a long 
pole (Kovrbs iiri/j.-fiKris) ; a buckler swung at their 
horses' flank (&upebs Se iraph irXevpdv 'Itttvov 
irXdyios), and they were furnished with a quiver 
containing three or more javelins (&Koures), with 
broad points, and as large as spears ( ovk airoZeov- 
res 5e Sopdrwv fieyedos). Those selected to attend 
the general differed, in no respect, in their ap- 
pointments from the regular cavalry (ray ev rats 
tXais linveav). 

The Jewish historian has moreover given an ac- 
count of the Agmen or line of march in which the 
army of Vespasian entered Galilee (B. J. iii. 6. § 2), 
this being, he adds, the regular arrangement fol- 
lowed by the Romans. 1. The light-armed aux- 
iliaries and bowmen (rovs fiev ye ^f/iXovs rwv e7n- 
Kovpwv Kal ro^Sras) advanced first to reconnoitre, 
to examine woods and suspicious localities, and to 
give timely notice of the approach of an enemy. 
2. A detachment of Roman heavy-armed troops, 
horse and foot ('Pwfiaiav buXiriKT] fioipa, ire£oi re 
Kal mirels). 3. Ten men out of each century car- 
rying their own equipments and the measures of the 
camp (fierpa rijs irapejj.§oX7is). 4. The pioneers 
(68o7roioi). The baggage of Vespasian and his 
legati (ra>v vtt avrtf -nyeixovwv) guarded by a 
strong body of horse. 6. Vespasian himself at- 
tended by Selecti Pedites, Selecti Equites, and a body 
of spearmen (Xoyxo(p6povs). 7. The peculiar 
cavalry of the legion (to tSiov rod rdyfuaros nr- 
ttikov), for, he subjoins, each legion has 120 horse 
attached to it. This we perceive was a return, to 
a certain extent, to the ancient system. 8. The 
artillery dragged by mules (ol rds eXeir6Xeis <pe- 
povres ipeTs Kal rd Xonrd fXTixavi]fiara.) 9. The 
legati, praefects of cohorts and tribunes (y\yefx6ves 
re Kal crweipav eirapxoi crvv ^iA.iapx°' s ) guarded 
by a body of picked soldiers. 10. The standards 
surrounding the eagle (ai o-r)/Aalai nepito-xovo-at 
rbv deriv). 11. The trumpeters (pi aaXinyKrai). 
12. The main body of the infantry (r) <pdXayt) 
six abreast, accompanied by a centurion (eKarov- 
rdpxys), whose duty it was to see that the men 
kept their ranks. 13. The whole body of slaves 
attached to each legion (rb o'lKeriKbv eKaarov rdy- 
fiaros), driving the mules and beasts of burden 
loaded with the baggage. 14. Behind all the le- 
gions followed the mercenaries (i /xlo-dios 6'xA.os). 
15. The rear was brought up by a strong body of 
infantry and cavalry. Josephus seems to desig- 
nate the legati by the word riyefi6ues, the Tribuni 
militu.ni by Xoxayo'i or xiAmpxoi, the centuriones 
by ra^idpxot or eKarovrdpx^i- ; whether he means 
by ovpayoi (in iii. 6. § 2) the optiones who are so 
designated by Polybius, or intends to comprehend 
the whole rear-guard under the appellation, may 
admit of doubt. Four words are used to denote 



EXERCITUS. 

weapons of the spear kind, — |i/o~roV probably in- 
tended to represent the pitum, for which v<r<r6s is 
generally employed ; txsnv the light javelin ; A07XI 
and S6pv, pikes of different kinds. It would ap- 
pear from Arrian that the \6yxn was sometimes 
uss'd as a missile. 

Finally, some additional light will be thrown 
upon the constitution of a Roman army about half a 
century later by the instructions issued for the line 
of march to be observed by the force despatched 
against the Scythian Alani, preserved in the frag- 
ment of Arrian, of which we have spoken above. 

The force in question consisted of the fifteenth 
legion, which was complete, and of the twelfth, 
which appears to have been a fragment only, these 
legions having both cavalry and skirmishers at- 
tached to them exactly as under the republic — of 
several co/iortes etpiilatae, composed of Italians, 
Cyrenians, Armenians, and others, each of these 
battalions containing heavy and light infantry to- 
gether with squadrons of cavalry — of cohortes pe- 
dilatae, including infantry only, both light and 
heavy, and of light cavalry of the allies and of 
barbarians. The order in which they were to ad- 
vance was as follows : — 

1. Horse scouts {KaraaKdirovs iVire'as), horse 
archers and dingers ((7r7roro£»Tas Kal xerpaious ), 
commanded by their own decurions (dcKaSdpx al 
2. Various corps of foreign cavalry, Cyrenians, 
Ituraeans, Celts, and others, of whom the names 
arc doubtful. 3. The whole of the infantry arch- 
ers, followed by different bodies of heavy-armed 
infantry, not legionaries, Italians, Cyrenians, Bos- 
poranians and Numidians, the flanks of this division 
being covered by cavalry. 4. The equites selecti 
and the equites of the legion (o/ airb Trjs <pd\ayyos 
(Virfij). 5. The artillery (tcaTairtKrat). 6. The 
standard (<rt)nuov) of the fifteenth legion, and 
around it the principal officers, namely the com- 
mander of the legion (ii~/tniiv tJjs <pdkayyos), the 
legntus (?) (v7rapx°')i tne tribunes {pi x'Aiapx 01 )* 
and the centurions of the first cohort (i Karimapxai 
o't rrjs Tcpdrrri! <nrdp7]s Itrtaiircu). Here, it will 
be remarked, we meet with an officer called the 
riyffiwv t^i <pdkayyos and his deputy or inrdpxos. 
7. The infantry of the legion, four and four, pre- 
ceded by their own skirmishers (irt(av ol b.Kotma- 
red). 8. Foreign (to ffUflfUtXlHW) infantry, both 
light and heavy. 9. The baggage (ri <TK(votp6pa). 
1 0. The rear brought up by an ala of Gctae under 
their praefectus (e iAopxi 1 )• The centurions were 
to march on the flanks of the infantry, keeping the 
men to their ranks : for the sake of greater security 
a body of horsemen was to ride in single file along 
the whole length of the line ; the commander-in- 
chief, Xenophon, was to march in front of the in- 
fantry standards, but to move about occasionally 
from place to place, watching everything, and pre- 
serving order everywhere. It appears that of the 
cavalry some were archers (iTrrroro^o'Tai), some 
lancers (\oyx n 'p6poi), some pole-men (Kovrotp6f ot), 
some Bword-men (/laxaipewpopoi), some axe-men 
(irt\(Ko<p6poi) ; these and many other curious par- 
ticulars may be extracted from the detailed account 
of the Arpnrn, and from the Aden or scheme of 
battle by whieh it U followed ; but unfortunately 
we arc so much embarrassed at every step by the 
uncertainty of the text that it is scarcely safe to 
form positive conclusions. 

A great many topics connected with a Roman 
army are discussed under separate articles : thus, 



EXHIBENDU.M, ACTIO AD. 511 

much that belongs to the cavalry is necessarily in- 
cluded under Equites ; the position of the allies 
in the service under Socn ; the life-guards under 
Praetoriaxi ; the pay of the soldier under 
Stipexdium ; a detailed account of his armour 
and weapons under Galea, Lorica, Ocrea, 
Caliga, Hasta, Pilum, Gladils, Scutum, 
&c. ; of his dress under Chla.mys, Paluda- 
mexti'M, Sagum ; of the standards under Signa 
Militaria ; of military processions under Ova- 
tio, Triumphus ; of punishments under Fustu- 
arium, Deci.matio ; of military rewards under 
Torques, Phalerae, Corona ; of military en- 
gines under Tormextum, Aries, Vixeae, 
Plutei, Helepolis, Turris, &c. [W. R.] 

EXETASTAE (e£eTa<rriu'), special commis- 
sioners sent out by the Athenian people to investi- 
gate any matters that might claim attention. Thus 
we find mention of Exetastae being appointed to 
ascertain whether there were as many mercenaries 
as the generals reported. It appears to have been no 
uncommon plan for the commanders, who received 
pay for troops, to report a greater number than 
they possessed, in order to receive the pay them- 
selves ; in which case they were said " to draw 
pay for empty places in the mercenary force " 
{fiioButyopuv iv Tif fyvittip Ktvais xwpoir, Aescliin. 
c. Ctes. p. 536). The commissioners, however, who 
were sent to make inquiries into the matter, often 
allowed themselves to be bribed. (Aeschin. c. 
Timarc/t. p. 131, De Fals. Leg. p. 339 ; Bikkh. 
PubL Econ. of Athens, p. 292, 2nd ed.) 

EXHERES. [Heres.] 

EXHIBENDUM, ACTIO AD. This action 
was introduced mainly with respect to vindica- 
tioncs or actions about property. " Exhibere " is 
defined to be " faccre in publico potestatcm, ut ci 
qui agat experiundi sit copia." This was a per- 
sonal action, and he had the right of action who 
intended to bring an actio in rem. The actio ad 
exhibendum was against a person who was in 
possession of the thing in question, or had fraudu- 
lently parted with the possession of it ; and the 
object was the production of the thing for the pur- 
pose of its being examined by the plaintiff. The 
thing, which was of course a movable thing, was 
to be produced at the place where it was at the 
commencement of the legal proceedings respecting 
it ; but it was to be taken to the place where the 
action was tried, at the cost and expense of the 
plaintiff. 

The action was extended to other cases : for in- 
stance, to cases when a man claimed the privilege 
of taking his property off another person's land, 
that other person not being legally bound to restore 
the thing, though bound by this action to allow 
the owner to take it ; and to some cases where a 
man had in his possession something in whieh his 
own and the plaintiff's property were united, as a 
jewel set in the defendant's gold, in which case 
there might be an actio ad exhilH'iidum for the 
purpose of separating the things (ut cxcludntur ad 
exhibendum agi potest. Dig. 1 ». tit. 4. s. G). 

If the thing was not produced when it ought to 
have been, the plaintiff might have damnges for 
loss caused by such non-production. This action 
would lie to produce a slave, in order that he might 
be put to the torture to discover his confederates. 

The ground of the right to the production of a 
thing, was cither property in the thing or some in- 
terest ; and it was the business of the judex to 



512 



EXODIA. 



EXOMOSIA. 



declare whether there was sufficient reason (justa 
ct prohabilis causa) for production. The word 
" interest " was obviously a word of doubtful im- 
port. Accordingly, it was a question if a man could 
bring this action for the production of his adver- 
sary's accounts, though it was a general rule of law 
that all persons might have this action who had an 
interest in the thing to be produced (quorum in- 
terest) ; but the opinion as given in the Digest 
(Dig. 10. tit. 4. s. 19) is not favourable to the pro- 
duction on the mere ground of its being for the 
plaintiff's advantage. A man might have this 
actio though he had no vindicatio ; as, for instance, 
if he had a legacy given to him of such a slave as 
Titius might choose, he had a right to the production 
of the testator's slaves in order that Titius might 
make the choice ; when the choice was made, then 
the plaintiff might claim the slave as his property, 
though he had no power to make the choice. If a 
man wished to assert the freedom of a slave (in 
libertatem vindicare), he might have this action. 

This action was, as it appears, generally in aid 
of another action, and for the purpose of obtaining 
evidence ; in which respect it bears some resem- 
blance to a Bill of Discovery in Equity. 

(Muhlenbruch, Doctrina Pandectarum ; Dig. 1 0. 
tit. 4.) [G. L.] 

EXITE'RIAor EPEXO'DIA (efiT^iaorsVef- 
ASia), the names of the sacrifices which were offered 
by generals before they set out on their expeditions. 
(Xenoph. Anab. vi. 5. § 2.) The principal object 
of these sacrifices always was to discover from the 
accompanying signs the favourable or unfavourable 
issue of the undertaking on which they were about 
to enter. According to Hesychius, e|iT^jpia was 
also the name of the day on which the annual 
magistrates laid down their offices. [L. S.] 

EXO'DIA (6|rf8ia, from e| and 686s) were 
old-fashioned and laughable interludes in verses, 
inserted in other plays, but chiefly in the Atel- 
lanae. (Liv. vii. 2.) It is difficult to ascertain 
the real character of the exodia ; but from the words 
of Livy we must infer that, although distinct from 
the Atellanae, they were closely connected with 
them, and never performed alone. Hence Juvenal 
calls them exodium, Atellanae (Sat. vi. 71), and 
Suetonius (Tib. 45) eocodium Atellanicum. They 
were, like the Atellanae themselves, played by 
young and well-born Romans, and not by the 
histriones. Since the time of Jos. Scaliger and 
Casaubon, the exodia have almost generally been 
considered as short comedies or farces which 
were performed after the Atellanae ; and this 
opinion is founded upon the vague and incorrect 
statement of the Scholiast on Juvenal (Sat. iii. 
174). But the words of Livy, exodia conserta 
fabellis, seem rather to indicate interludes, which, 
however, must not be understood as if they had 
been played between the acts of the Atellanae, 
which would suggest a false idea of the Atellanae 
themselves. But as several Atellanae were per- 
formed on the same day, it is probable that the 
exodia were played between them. This supposi- 
tion is also supported by the etymology of the 
word itself, which signifies something e£ oSoO, 
extra viam, or something not belonging to the 
main subject, and thus is synonymous with evzia- 
6Siov. The play, as well as the name of exodium, 
seems to have been introduced among the Romans 
from Italian Greece ; but after its introduction it 
appears to have become very popular among the 



Romans, and continued to be played down to a 
very late period. (Sueton. Dom.it. 10.) [L. S.] 

EXO'MIS (e^oi/us), a dress which had only a 
sleeve for the left arm, leaving the right with the 
shoulder and a part of the breast free, and was for 
this reason called exomis. It is also frequently 
called x'Tikj' eTepo,iia<rxaAos. (Phot, and Hesych. 
s. v. 'Erepon. : Heliod. Aethiop. iii. 1 ; Paus. v. 16. 
§ 2.) The exomis, however, was not only a chiton 
[Tunica], but also an Ipdriov or irepi'Stoj/ia. 
[Pallium.] According to Hesychius (s. v. 'Ef&>- 
fxis), and Aelius Dionysius (ap. Eustath. ad II. 
xviii. 595), it served at the same time both the 
purposes of a chiton and an himation ; but Pollux 
(vii. 48) speaks of two different kinds of exomis, 
one of which was a irepiSKruxa and the other a 
Xitojc erepofidcrxahos. His account is confirmed 
by existing works of art. Thus we find in the 
Mus. Pio-Clement. (vol. iv. pi. 11), Hephaestos 
wearing an exomis, which is an himation thrown 
round the body in the way in which this garment 
was always worn, and which clothes the body like 
an exomis when it is girded round the waist. The 
following figure of Charon, on the contrary (taken 
from Stackelberg, Die Gr'dber der Hellenen, pi. 47), 
represents the proper x lT &> v tTtpo/J-daxab-os, and 
we see a similar dress in the figure of Ulysses 
represented in the article Pilbus. 




The exomis was usually worn by slaves and 
working people (Phot. s. v. ; Schol. ad Aristoph. 
Equit. 879), whence we find Hephaestos, the 
working deity, frequently represented with this 
garment in works of art. (MUller, Arch'dol. der 
Kunst, § 366. 6.) The chorus of old men in the 
Lysistrata of Aristophanes (1. 662) wear the 
exomis ; which is in accordance with the state- 
ment of Pollux (iv. 118), who says that it was the 
dress of old men in comic plays. According to 
Gellius (vii. 12), the exomis was the same as the 
common tunic without sleeves (citra kumerum de- 
sinentes) ; but his statement is opposed to the ac- 
counts of all the Greek grammarians, and is without 
doubt erroneous. (Becker, Charildes, vol. ii. p. 
112, &c.) 

EXOMO'SIA (i^oo-ia). Any Athenian 
citizen when called upon to appear as a witness in 



EXSTLIUM. 



EXSILIUM. 



513 



a court of justice (KkrtTeveiv or enKtojTeveiv, Pol- 
lux, viii. 37 ; Aeschin. c. Timurch. p. 71), was 
obliged by law to obey the summons, unless he 
could establish by oath that he was unacquainted 
with the case in question. (Demosth. L)e Fals. 
Leg. p. 396, c. Neaer. p. 1354, c. Aphob. p. 850 ; 
Suidas, s. v. 'E£on6<raa0at.) This oath was called 
ifyofiO&Ut, and the act of taking it was expressed 
by i£6ftvwr6cu. (Demosth. c. Steph. L p. 1119 j 
c. Euhidid. p. 1317 ; Harpocrat. ». v.) Those who 
refused to obey the summons without being able 
to take the t'fw^ocria, incurred a fine of one thousand 
drachmae ; and if a person, after promising to give 
his evidence, did nevertheless not appear when 
railed upon, an action called Kenrouaprvpiov, or 
/3\a'§7)s Si'x7j, might be brought against him by the 
parties who thought themselves injured by his 
having withheld his evidence. (Demosth. e. Timotk. 
p. 1 190 ; Meier, Alt. Proe. p. 3U7, &c.) 

When the people in their assembly appointed a 
man to a magistracy or any other public office, he 
was at liberty, before the toKinaa'ta took place, 
to decline the office, if he could take an oath that 
the state of his health or other circumstances ren- 
dered it impossible for him to fulfil the duties 
connected with it (i^ifWvaOtu ttjc apxyv, or ttjv 
XfipoToviav) : and this oath was likewise called 
{{wfiorria, or sometimes axupoiria. ( Demosth. De 
Ffls. Ijtg. p. 379, c. Timot/i. p. 1204 ; Aeschin. 
J>- Fed*. Lei;, p. 271 ; Pollux, viii. 55 ; Etymol. 
Wag. *. v.) [L.S.] 

EXOSTRA ( <{a-<TTpet, from t£u8ta). was one 
of the many kinds of machines used in the theatres 
of the ancients. Cicero (He Frov. Cons. 6), in 
speaking of a man who formerly concealed his 
vices, expresses this sentiment by post si/xirium 
helwiljatur ; and then stating that he now shame- 
lessly indulged in his vicious practices in public, 
gays, jam in emstrn helualur. From an attentive 
consideration of this passage, it is evident that 
the exostra was a machine by means of which 
things which had been concealed behind the sipa- 
rium, were pushed or rolled forward from behind 
it, and thus became visible to the spectators. This 
machine was therefore very much like the (VkiI- 
kAtjuo, with this distinction, that the latter was 
moved on wheels, while the exostra was pushed 
forward upon rollers. (Pollux, iv. 128 ; Schol. 
ad Aristoph. Acliarn. 375.) Hut both seem to 
have been used for the same puqx>sc ; namely, to 
exhibit to the eyes of the spectators the results or 
consequences of such things — e.g. murder or suicide 

— as could not consistently take place in the pro- 
scenium, nnd were therefore described as having 
occurred behind the siparium or in the scene. 

The name exostra was also applied to a peculiar 
kind of bridge, which was thrown from n tower of 
the besiegers upon the walls of the besieged town, 
nnd across which the assailants marched to attack 
those of the besieged who were stationed on the 
ramparts to defend the town. (Veget. l)r He Mi/it. 
iv. 21.) [L.S.] 

KXOII.ES 1)1 K K (Houw Si/oj). [Cm- 

MTU*.] 

BXPLORATCREa [ I:\brcitus, p. 50!), a.] 
EXSEQUIAE. [Funds.] 

BXSI'LIUM (ipvyv), banishment. I.OrIIK, 

— Banishment among the Greek states seldom, if 
ever, appears ns n punishment appointed by law 
for particular offences. We might, indeed, expert 
this ; for the division of Greece into a number of 



independent states would neither admit of the es- 
tablishment of penal colonics, as amongst us, nor 
of the various kinds of exile which we read of 
under the Roman emperors. The general term 
(pvyn (flight) was for the most part applied in the 
case of those who, in order to avoid some punish- 
ment or danger, removed from their own countrv 
to another. Proof of this is found in the records of 
the heroic ages, and chiefly where homicide had been 
committed, whether with or without malice afore- 
thought. Thus (//. xxiii. (iii) Patroclus appears as 
a fugitive for life, in consequence of manslaughter 
(avSpoKTaaiT)) committed by him when a boy, and 
in anger. In the same manner (Horn. Od. xv. 
275) Theoclymenus is represented as a fugitive 
and wanderer over the earth, and even in foreign 
lands haunted by the fear of vengeance, from the nu- 
merous kinsmen of the man whom he had slain. The 
duty of taking vengeance was in cases of this kind 
considered sacred, though the penalty of exile was 
sometimes remitted, and the homicide allowed to 
remain in his country on payment of a ttoivt], the 
price of blood, or wehrgeld of the Germans (Tacit. 
Germ. 21), which was made to the relatives or 
nearest connections of the slain. (//. ix. o'.'JO.) 
Even though there were no relatives to succour the 
slain man, still deference to public opinion imposed 
on the homicide a temporary absence (Od. xxiii. 
119, and Schol.), until he had obtained expiation 
at the hands of another, who seems to have been 
called the ayvir-ni or purifier. Koran illustration 
of this, the reader is referred to the story of 
Adrastus and Croesus. (Herod, i. 35.) 

In the later times of Athenian history, <pvyv, or 
banishment, partook of the same nature, and was 
practised nearly in the same cases, as in the heroic 
ages, with this difference, that the laws more strictly 
defined its limits, its legal consequences, and dura- 
tion. Thus an action for wilful murder was brought 
before the Areiopagus, and for manslaughter before 
the court of the Ephetae. The accused might, in 
either case, withdraw himself (<pvy(iv) before sen- 
tence was passed ; but when a criminal evaded the 
punishment to which an act of murder would have 
exposed him had he remained in his own land, he 
was then banished for ever (<pei>y(t atttpvyiaif), and 
not allowed to return home even when other exiles 
were restored upon a general amnesty, since on 
such occasions a special exception was made against 
criminals banished by the Areiopagus (oi ^{ 'Apci'ou 
nayou tpfiryovra). A convicted murderer, if found 
within the limits of the suite, might be seized and 
put to death (Dem. c. Aris. p. (>-!)), and whoever 
harboured or entertained (£nr«5f'{aTo) any one who 
had fled from his country to avoid a capital punish- 
ment, was liable to the same penalties as the fugi- 
tive himself. (Dem. c. PolycL p. 1222. 2.) 

Demosthenes (r. Aris. p. 634) says, that the word 
tytvyav was properly applied to the exile of those 
who committed murder, with malice aforethought, 
whereas the term pnOtaraaOeu, was used where the 
act was not intentional. The property also was 
confiscated in the former case, but not in the latter. 

When a verdict of manslaughter wns returned, 
it was usual for the convicted party to lcavc(/{f/\0<) 
his country by a certain road, and to remain in 
exile till he induced some one of the relatives of 
the slain man to take compassion on him. During 
his absence, his possessions wire inlrifia, that Is, 
not confiscated ; but if he remained at home or 
relumed before the requirements of the law wcru 
L l. 



514 



EXS1LIUM. 



EXSILIUM. 



satisfied, he was liable to be driven or carried out 
of the country by force. (Dem. c. Arts. pp. 634 
and 644.) It sometimes happened that a fugitive 
for manslaughter was charged with murder ; in 
that case he pleaded on board ship, before a court 
which sat at Phreatto, in the Peiraeeus. (Dem. c. 
Aris. p. 646.) We are not informed what were the 
consequences if the relatives of the slain man re- 
fused to make a reconciliation ; supposing that there 
was no compulsion, it is reasonable to conclude that 
the exile was allowed to return after a fixed time. 
In cases of manslaughter, but not of murder, this 
seems to have been usual in other parts of Greece 
as well as at Athens. (Meursius, ad Lycop. 282 ; 
Eurip. Hipp. 37, and Scholia.) Plato {Leg. ix. 
p. 865), who is believed to have copied many of 
his laws from the constitution of Athens, fixes the 
period of banishment for manslaughter at one year, 
and the word aTreviavTi<rij.6s, explained to mean a 
year's exile for the commission of homicide (rols 
<p6vov Spdaatri) seems to imply that the custom was 
pretty general. We have indeed the authority of 
Xenophon(^lrca6. iv.8. §15) to prove that at Sparta 
banishment was the consequence of involuntary 
homicide, though he does not tell us its duration. 

Moreover, not only was an actual murder 
punished with banishment and confiscation, but 
also a rpav/xa in irpovoias, or wounding with intent 
to kill, though death might not ensue. (Lysias, c. 
Simon, p. 100 ; Dem. c. Boeot. p. 1018. 10.) The 
same punishment was inflicted on persons who 
rooted up the sacred olives at Athens (Lysias, 
"Yirep ~S,-qicov ' 'Airo\oyla) , and by the laws of Solon 
every one was liable to it who remained neuter 
during political contentions. (Plut. Sol 20 ; Gell. 
ii. 12.) 

Under cpvyri, or banishment, as a general terra, 
is comprehended Ostracism (oo~TpaKia/j.6s) • the 
difference between the two is correctly stated by 
Suidas, and the Scholiast on Aristophanes (Equit. 
861 ), if we are to understand by the former aeccpv- 
yia, or banishment for life. u $vyi) (say they) 
differs from ostracism, inasmuch as those who are 
banished lose their property by confiscation, whereas 
the ostracised do not; the former also have no fixed 
place of abode, no time of return assigned, but the 
latter have." This ostracism was instituted by 
Cleisthenes, after the expulsion of the Peisistra- 
tidae ; its nature and objects are thus explained 
by Aristotle (Pol. iii. 8) : — " Democratical states 
(he observes) used to ostracise, and remove from 
the city for a definite time, those who appeared to 
be pre-eminent above their fellow-citizens, by rea- 
son of their wealth, the number of their friends, or 
any other means of influence." It is well known, 
and implied in the quotation just given, that ostra- 
cism was not a punishment for any crime, but 
rather a precautionary removal of those who pos- 
sessed sufficient power in the state to excite either 
envy or fear. Thus Plutarch (Arist. 10) says it was 
a good-natured way of allaying envy (<p66vov ivapa- 
livSia <pi\dv9pairos), by the humiliation of superior 
dignity and power. Mr. Grote (History of Greece, 
vol. iv. p. 200, &c.) has some very ingenious re- 
marks in defence of ostracism, which he maintains 
was a wise precaution for maintaining the demo- 
cratical constitution established by Cleisthenes. 
He observes that " Cleisthenes, by the spirit of 
his reforms, secured the hearty attachment of the 
body of citizens ; but from the first generation of 
leading men, under the nascent democracy, and 



with such' precedents as they had to look back 
upon, no self-imposed limits to ambition could be 
expected : and the problem required was to elimi- 
nate beforehand any one about to transgress these 
limits, so as to escape the necessity of putting him 
down afterwards, with all that bloodshed and reac- 
tion, in the midst of which the free working of the 
constitution would be suspended at least, if not ir- 
revocably extinguished. To acquire such influence 
as would render him dangerous under democratical 
forms, a man must stand in evidence before the 
public, so as to afford some reasonable means of 
judging of his character and purposes ; and the 
security which Cleisthenes provided was, to call in 
the positive judgment of the citizens respecting his 
future promise purely and simply, so that they 
might not remain too long neutral between two 
political rivals. He incorporated in the constitu- 
tion itself the principle of privilegium (to employ 
the Roman phrase, which signifies, not a peculiar 
favour granted to any one, but a peculiar incon- 
venience imposed), yet only under circumstances 
solemn and well defined, with full notice and dis- 
cussion beforehand, and by the positive secret vote 
of a large proportion of the citizens. ' No law 
shall be made against any single citizen, without 
the same being made against all Athenian citizens; 
unless it shall so seem good to 6000 citizens voting 
secretly' (Andoc. deMyst. p. 12). Such was that 
general principle of the constitution, under which the 
ostracism was a particular case." Mr. Grote further 
observes, — " Care was taken to divest the ostra- 
cism of all painful consequence, except what was 
inseparable from exile ; and this is not one of the 
least proofs of the wisdom with which it was de- 
vised. Most certainly it never deprived the public 
of candidates for political influence ; and when we 
consider the small amount of individual evil which 
it inflicted, two remarks will be quite sufficient to 
offer in the way of justification. First, it com- 
pletely produced its intended effect ; for the de- 
mocracy grew up from infancy to manhood without 
a single attempt to overthrow it by force : next, 
through such tranquil working of the democratical 
forms, a constitutional morality quite sufficiently 
complete, was produced among the leading Athe- 
nians, to enable the people after a certain time to 
dispense with that exceptional security which the 
ostracism offered. To the nascent democracy, it 
was absolutely indispensable ; to the growing, yet 
military democracy it was necessary ; but the full- 
grown democracy both could and did stand without 
it." The manner of effecting it was as follows : — 
Before the vote of ostracism could be taken, the 
senate and the ecclesia had to determine in the 
sixth prytany of the year whether such a step was 
necessary. If they decided in the affirmative, a 
day was fixed, and the agora was enclosed by bar- 
riers, with ten entrances for the ten tribes. By 
these the tribesmen entered, each with his oarpa- 
kov, or piece of tile, on which was written the 
name of the individual whom he wished to be 
ostracised. The nine archons and the senate, i.e. 
the presidents of that body, superintended the 
proceedings, and the party who had the greatest 
number of votes against him, supposing that this 
number amounted to 6000, was obliged to with- 
draw (fteracrTrjmi) from the city within ten days ; 
if the number of votes did not amount to 6000, 
nothing was done. (Schol. ad Aristoph Equ. 851; 
Pollux, viii. 19.) Plutarch (Arist. c. 7) differs 



EXSILIUM. 



EXSILIUM. 



515 



from other authorities in stating, tliat for an ex- 
pulsion of this sort it was not necessary that the 
votes given against any individual should amount 
to 6000, but only that the sum total should not be 
less than that number. Bo'ckh and Wachsmuth 
are in favour of Plutarch ; but Mr. Grote, who 
supports the other opinion, justly remarks, 4i that 
the purpose of the general law would by no means 
be obtained, if the simple majority of votes among 
G000 in all, had been allowed to take effect. A 
person might then be ostracised with a very small 
number of votes against him, and without creating 
any reasonable presumption that he was dangerous 
to the constitution, which was by no means either 
the purpose of Cleisthenes, or the well-understood 
operation of the ostracism, so long as it continued 
to be a reality." All, however, agree that the 
party thus expelled was not deprived of his pro- 
perty. The period of his banishment was ten 
years. The ostracism was also called the KfpafiiKi) 
ixaart^, or earthenware scourge, from the material 
of the oinpaKov on which the names were written. 

Some of the most distinguished men at Athens 
were removed by ostracism, but recalled when the 
city found their services indispensable. Amongst 
these were Themistoclcs, Aristeides, Cimon, and 
Alcibiades ; of the first of whom Thucydides (i. 
135) states, that his residence during ostracism 
was at Argo9, though he was not confined to that 
city, but visited other parts of Peloponnesus. The 
last person against whom it was used at Athens 
was Hyperbolus, a demagogue of low birth and 
character, whom Nicias and Alcibiades conspired 
together to ostracise, when the banishment threat- 
ened each of themselves ; but the Athenians 
thought their own dignity compromised, and os- 
tracism degraded by such an application of it. and 
accordingly discontinued the practice. (Plut. Nic. 
c. 1 1, Alcib. c. 13, Arist. c. 7 ; Thuc. viii. 73.) 

Ostracism prevailed in other democratical states 
as well as Athens ; namely, at Argos, Miletus, and 
Mcgara, but we have no particulars of the way 
in which it was administered in those states. 
Aristotle says {Pol. iii. 8) that it was abused for 
party purpose*. 

From the ostracism of Athens was copied the 
Pebdum (ir(TaXiirfi6s) of the Syracusans, so called 
from the weraKa, or leaves of the olive, on which 
was written the name of the person whom they 
wished to remove from the city. The removal, 
however, was only for five years ; a sufficient time, 
as they thought, to humble the pride and hopes of 
the exile. Hut pctalism did not last long ; for the 
fear of this " humbling," deterred the best quali- 
fied amongst the citizens from taking any part in 
public affairs, and the degeneracy and bad govern- 
ment which followed, soon led to a repeal of the 
law b.c. 452. (Diod. xi. 87.) 

In connection with petalism it may be remarked 
that if any one were falsely registered in a drums, 
or ward, at Athens, his expulsion was called 
iiepvKhoQopia, from the votes being given by leaves. 
(Meier, //is.Juri*. Alt. «3; I.ys.<\ Xinuu.'p. ill I.) 

The reader of Greek history will remember, that 
besides those exiled by law, or ostracised, there 
was frequently a great number of political exiles in 
Greece ; men who, having distinguished themselves 
n» the leaders of one party, were expelled, or obliged 
to remove, from their native city when the opposite 
faction became predominant. They are spoken of 
as ol iptuyoyrtt, or oi {Kina6mn t and as o« KaTeA.- 



Qovres after their return KaBoSos), the word 
Kardyety being applied to those who were instru- 
mental in effecting it. [R. W.] 

2. Roman. In the later imperial period, ejrsi- 
Smu was a general term used to express a punish- 
ment, of which there were several species. Paulus 
(Dig. 48. tit 1. s. 2), when speaking of those 
judicia publico, which are capitalia, defines them 
by the consequent punishment, which is death, or 
exsilium ; and exsilium he defines to be aquae et 
, ignis interdiiiio, by which the caput or citizenship 
of the criminal was taken away. Other kinds of 
exsilium he says were properly called relegatio, 
and the relcgatus retained his citizenship. The 
distinction between relegatio and exsilium existed 
under the republic. (Li v. iii. 10, Iv. 4 ; Cic. Pro 
P. Sett. c. 12.) Ovid also (Trist. v. 11) describes 
himself, not as exsu/, which he considers a term of 
reproach, but as releyatus. Speaking of the em- 
peror, he says, — 

" Nec vitam, ncc opes, nec jus mihi civis ademit ;" 
and a little further on, 

" Nil nisi me patriis jnssit abire focis." 
Compare also Tristia, ii. 1 27, &C 

Marcianus ( Dig. 48. tit. 22. s. 5) makes three 
divisions of exsilium : it was either an interdiction 
from certain places named, and was then called lata 
fuga (a term equivalent to the tdiera fuga or 
lit* rum arsilium of some writers) ; or it was an in- 
terdiction of all places, except some place named ; 
or it was the constraint of an island (as opposed to 
lata fuga,).* 

Of relegatio there were two kinds : a person 
might be forbidden to live in a particular province, 
or in Rome, and either for an indefinite or a defi- 
nite time ; or an island might be assigned to the 
relcgatus for his residence. Relegatio was not fol- 
lowed by loss of citizenship or property, except so 
far as the sentence of relegatio might extend to part 
of the person's property. The relegatus retained 
his citizenship, the ownership of his property, and 
the patria potestas, whether the relegatio was for a 
definite or an indefinite time. The relegatio, in 
fact, merely confined the person within, or excluded 
him from, particular places, which is according 
to the definition of Aclius Gallus (Festus, s. Iblc- 
gati), who says that the punishment was imposed 
by a lex, senatus-consultuin, or the cdictum of a 
magistratus. The words of Ovid express the legal 
effect of relegatio in a manner literally and tcchni- 

* Noodt (O/i. Oiiiii. i. 58) corrects the extract 
from Marcianus thus: — " Kiaililim dupUmttt: aut 
rertorum locorum interdictio, ut lata fuga ; aut 
omnium locorum praeter certain locum, ut insuhic 
vinculum," &c 

The passage is evidently corrupt in some editions 
of the Digest, and the correcti f Noodt is sup- 
ported by good reasons. It seems that Marcian is 
here spenkiug of the two kinds of relegatio (com- 
pare 1'lpian, Dig. 4!!. tit. 22. a. 7), and he does 
not include the exsilium, which was accompanied 
with the loss of the ciritat ; for if his definition 
is intended to include all the kinds of exsilium, it 
is manifestly incomplete ; and if it includes only 
relegatio, as it must do from the terms of it, the 
dj Bnitkm >> wrong, inasmuch as there are only 
two kinds of relegatio. The conclusion is, that the 
text of Marcianus is cither corrupt, or has been 
altered by the compilers of the Digest. 



516 



EXSILIUM. 



EXSILIUM. 



cally correct. (Instances of relegatio occur in the 
following passages : — Suet. Aug. c. 1C, Tib. c. 50 ; 
Tacit. Ann. iii. 17, 68 ; Suet. Claud, c. 23, which 
last, as the historian remarks, was a new kind of 
relegatio.) The term relegatio is applied by Cicero 
{de Off. iii. 31) to the case of T. Manlius, who 
had been compelled by his father to live in solitude 
in the country. 

Deportatio in insulam, or deportatio simply, was 
introduced under the emperors in place of the 
aquae ct ignis interdictio. (Ulpian, Dig. 48. tit. 
13. s. 3 ; tit. 19. s. 2.) The governor of a pro- 
vince (praeses) had not the power of pronouncing 
the sentence of deportatio ; but this power was 
given to the praefectus urbi by a rescript of the 
emperor Severus. The consequence of deportatio 
was loss of property and citizenship, but not of 
freedom. Though the deportatus ceased to be a 
Roman citizen, he had the capacity to buy and 
sell, and do other acts which might be done ac- 
cording to the jus gentium. Deportatio differed 
from relegatio, as already shown, and also in being 
always for an indefinite time. The relegatus went 
into banishment ; the deportatus was conducted to 
his place of banishment, sometimes in chains. 

As the exsilium in the special sense, and the 
deportatio took away a person's civitas, it follows 
that if he was a father, his children ceased to be 
in his power ; and. if he was a son, he ceased to be 
in his father's power ; for the relationship ex- 
pressed by the terms patria potestas could not 
exist when either party had ceased to be a Roman 
citizen. (Gaius, i. 128.) Relegatio of a father or 
of a son, of course, had not this effect. But the 
interdict and the deportatio did not dissolve mar- 
riage. (Cod. 5. tit. 16. s. 24; tit. 17. s. 1 ; com- 
pare Gaius, i. 128, with the Institutes, i. tit. 12, 
in which the deportatio stands in the place of the 
aquae et ignis interdictio of Gaius.) 

When a person, either parent or child, was con- 
demned to the mines or to fight with wild beasts, 
the relation of the patria potestas was dissolved. 
This, though not reckoned a species of exsilium, 
resembled deportatio in its consequences. 

It remains to examine the meaning of the term 
exsilium in the republican period, and to ascend, so 
far as we can, to its origin. Cicero {Pro Caecina, 
c. 34) affirms that no Roman was ever deprived of 
his civitas or his freedom by a lex. In the oration 
Pro Domo (c. 16, 17) he makes the same assertion, 
but in a qualified way ; he says that no special 
lex, that is, no privilegium, could be passed against 
the caput of a Roman citizen, unless he was first 
condemned in a judicium. It was, according to 
Cicero, a fundamental principle of Roman law ( Pro 
Domo, c. 29), that no Roman citizen could lose 
his freedom or his citizenship without his consent. 
He adds, that Roman citizens who went out as 
Latin colonists, could not become Latin, unless 
they went voluntarily and registered their names : 
those who were condemned of capital crimes did 
not lose their citizenship till they were admitted 
as citizens of another state ; and this was effected, 
not by depriving them of their civitas {ademptio 
civitatis), but by the interdictio tecti aquae et 
ignis. The same thing is stated in the oration 
Pro Caecina (c. 34), with the addition, that a 
Roman citizen, when he was received into another 
state, lost his citizenship at Rome, because by the 
Roman law a man could not be a citizen of two 
states. This reason, however, would be equally 



good for showing that a Roman citizen could not 
become a citizen of another community. In the 
oration Pro Balbo (c. 1 1) the proposition is put 
rather in this form ; that a Roman who became a 
citizen of another state, thereby ceased to be a Ro- 
man citizen. It must not be forgotten that in the 
oration Pro Caecina, it is one of Cicero's objects to 
prove that his client had the rights of a Roman 
citizen ; and in the oration Pro Domo, to prove 
that he himself had not been an exsul, though he 
was interdicted from fire and water within 400 
miles of Rome. (Cic. Ad Attic, iii. 4.) Now, as 
Cicero had been interdicted from fire and water, 
and as he evaded the penalty, to use his own words 
{Pro Caecina c. 34), by going beyond the limits, 
he could only escape the consequences, namely, 
exsilium, either by relying on the fact of his not 
being received as a citizen into another state, or by 
alleging the illegality of the proceedings against 
him. But the latter is the ground on which he 
seems to maintain his case in the Pro Domo : he 
alleges that he was made the subject of a privi- 
legium, without having been first condemned in a 
judicium (c. 17). 

In the earlier republican period, a Roman 
citizen might have a right to go into exsilium to 
another state, or a citizen of another state might 
have a right to go into exsilium at Rome, by virtue 
of certain isopolitical relations existing between 
such state and Rome. This right was called jus 
exulandi with reference to the state to which the 
person came ; with respect to his own state which 
he left, he was exul, and his condition was ex- 
silium : with respect to the state which he en- 
tered, he was inquilinus* ; and at Rome he might 
attach himself {applicare se) to a quasi patronus, a 
relationship which gave rise to questions involving 
the jus applicationis. 

The sentence of aquae et ignis, to which 
Cicero adds {Pro Domo, c. 30) tecti interdictio 
(comp. Plut. Marius, c. 29), was equivalent to 
the deprivation of the chief necessaries of life, and 
its effect was to incapacitate a person from exer- 
cising the rights of a citizen within the limits which 
the sentence comprised. Supposing it to be true, 
that no Roman citizen could in direct terms be de- 
prived of his civitas, it requires but little know- 
ledge of the history of Roman jurisprudence to 
perceive that a way would readily be discovered 
of doing that indirectly which could not be done 
directly ; and such, in fact, was the aquae et ignis 
interdictio. The meaning of the sentence of aquae 
et ignis interdictio is clear when we consider the 
symbolical meaning of the aqua et ignis. The 
bride, on the day of her marriage, was received by 
her husband with fire and water (Dig. 24. tit. 1. 
s. 66), which were symbolical of his taking her 
under his protection and sustentation. Varro {De 
Ling. Lat. iv.) gives a different explanation of 
the symbolical meaning of aquae et ignis in the 
marriage ceremony : — Aquae et ignis (according to 
the expression of Festus) sunt duo elementa quae 
humanam vitam maxime continent. The sentence 
of interdict was either pronounced in a judicium, 
or it was the subject of a lex. The punishment 

* This word appears, by its termination inus, 
to denote a person who was one of a class, like the 
word libertinus. The prefix in appears to be the 
correlative of ex in exsul, and the remaining part 
quit, is probably related to col in incola and colonus. 



FABRI. 



FALSL'M. 



517 



wa3 inflicted for various crimes, as vis publico, 
pcculatus, veneficium, &c. The Lex Julia de vi 
publico, et privata applied, among other cases, to 
any person qui receperit, celaveril, lenueril, the inter- 
dicted person (Paulus, Sent. Recejit. ed. Schulting) ; 
and there was a clause to this effect in the lex of 
Clodius, by which Cicero was banished. 

The sentence of the interdict, which in the 
time of the Antonines wa3 accompanied with the 
loss of citizenship (Gaius, i. 90), could hardly have 
had any other effect in the time of Cicero. It 
may be true that exsilium, that is, the change of 
solum, or ground, was not in direct terms included 
in the sentence of arpiae et iynis interdictio : the 
person might stay if he liked, and submit to the 
penalty of being an outcast, and being incapacitated 
from doing any legal act. Indeed, it is not easy 
to conceive that banishment can exist in any state, 
except such state has distant possessions of its own 
to which the offender can be sent Thus banish- 
ment as a penalty did not exist in the old English 
law. When isopolitical relations existed between 
Rome and another state, exsilium might be the 
privilege of an offender. Cicero might then truly 
say that exsilium was not a punishment, but a 
mode of evading punishment (Fro Caecina) ; and 
this is quite consistent with the interdict being a 
punishment, and having for its object the exsilium. 

According to Niebuhr, the interdict was intended 
to prevent a person, who had become an exsul, from 
returning to Rome and resuming his citizenship, 
and the interdict was taken off when an exsul was 
recalled. Further, Niebuhr asserts, that they who 
settled in an unprivileged place (one that was not 
in an isopolitical connection with Rome) needed a 
decree of the people, declaring that their settle- 
ment should operate as a legal exsilium. And 
this assertion is supported by a single passage in 
Livy (xxvi. 3), from which it appears that it was 
declared by a plebiscitum, that C. Fabius, by 
going into exile (ejcututum) to Tarquinii, which 
was a municipium (Fro Caecin. c. 4), was legally 
in exile. 

Niebuhr asserts that Cicero had not lost the 
civitas by the interdict; but Cicero (Ad Attic, iii. 
23) by implication admits that he had lost his 
civitas and his ordo, though in the Oratio J'ro 
Domo he denies that he had lost his civitas. And 
the ground on which he mainly attempted to sup- 
port his case was, that the lex by which he was 
interdicted, was in fact no lex, but a proceeding 
altogether irregular. Cicero was restored by a lex 
Centuriata. (Ad Attic, iv. 1.) [O. L.] 

EXTLSPEX. [EUHUSPKX.] 

KXTRAORDINA RII. [Exercitus, p. 
497, b.J 

F. 

FABRI, are workmen who make any thing out 
of hard materials, as fal/ri tiipuirii, carpenters, 
fnhri aernrii, smiths, &c. The different trades 
were divided by Nuinri (I'lut. Sumu, 17) in!" 
nine collegia, which correspond to our companies 
or guilds. In the constitution of Scrvius Tulliux, 
the J'tibri tiijnurii (rtKTova, On-lit, fnnrrip. 60, 
1 1 7, 3690, 40116, 4088, 4 1 114 ) and the fnhri uerarii 
or frrrnrii (x<^xorr\moi) were formed into two 
centuries, which wen- called the rriitiiriaryli/jruwi, 
and not /ulrrorum. (Cic. Oral. 46.) They did not 



belong to any of the five classes into which Servius 
divided the people ; but the fubri iinn. probably 
voted with the first class, and the fabri aer. with 
the second. Livy (i. 43) and Dionvsius (vii. 59) 
name both the centuries together: the former says 
that they voted with the first class ; the latter, 
that they voted with the second. Cicero (De Rep. 
ii. 22) names only one century of fabri, which he 
says voted with the first class ; but as he adds the 
word tignariorum, he must have recognized the 
existence of the second century, which we suppose 
to have voted with the second class. (Gbttling, 
Gesc/i. der Rom. Staasiv. p. 249.) 

The fabri in the army were under the command 
of an officer called praefectus fabrum. (Caes. up. 
Cic. ad Att. ix. 8, Bell. Civ. L 24 ; Vegct ii. 11.) 
It has been supposed by some modern writers that 
there was a praefectus fabrum attached to each 
legion ; and this may have been the case. No genuine 
inscriptions however, contain the title of praefectus 
fabrum with the name of a legion added to it. 
There were also civil magistrates at Rome and in 
the municipal towns, called praefecti fabrum ; but 
we know nothing respecting them beyond then- 
name. Thu3 we find in Gruter, Praef. Fabr. 
Romae (467. 7), Praefectus Fabr. Caer. 
(235. 9.) The subject of the praefecti fabrum is 
discussed with great accuracy in a letter of Hagen- 
buchius, published by Orelli (Inscrip. vol. ii. 
p. 95, &c). 

FA'BULA. [Comoedia.] 
FACTIO'NES AURIGA'RUM. [Circis, 
p. 287.] 

FALA'RICA. [Hasta.] 
FALSA'RIUS. [Falsum.] 
FALSUM. The oldest legislative provision at 
Rome against Falsum was that of the Twelve 
Tables against false testimony (Gell. xx. 1 ) ; but 
there were trials for giving false testimony before 
the enactment of the Twelve Tables. (Liv. iii. 
24, Kc.) The next legislation on Falsum, so far 
as we know, was a Lex Cornelia, pissed in the 
time of the Dictator Sulla, which Cicero ako calls 
testamentaria and numaria (In Verr. ii. lib. 1. 
c. 42), with reference to the crimes which it was 
the object of the law to punish. The offence was 
a Crimen Publicum. The provisions of this lex 
are stated by Paulus (Sent Reeept v. 25, ed. 
Berl.), who also entitles it Lex Cornelia testa- 
mentaria, to apply to any person " qui testnnirntum 
quodre aliud instrumentum falsum sciens dolo 
malo scripscrit, recitaverit, subjecerit, suppresserit, 
amoverit, resignaverit, delcvcrit," iic. The punish- 
ment was deportatio in insulam (at least when 
Paulus wrote) for the " honestiores ;" and the mines 
or crucifixion for the * humiliorcs." In place of 
deportatio, the law probably contained tho punish- 
ment of the interdictio aquae et ignis. According 
to Paulus the law applied to any instrument as 
well as a will, and to the adulteration of gold and 
silver coin, or refusing to accept in payment ge- 
nuine coin stamped with the head of the prince pa. 
But it appears from Ulpian (nub titulo de poena 
legis Comcliac tcstamcntariae) that these were 
subsequent ndditions mnde to the Lex Cornelia 
(Mot. rt Rom. /,«;/. CiJI. tit. (1. s. 7) by various 
scnatus-consulta. (Tacit. Ann. xiv. 40, 41.) By 
a scnatus-consultum, in the consulship of Slntiliiis 
and Tumi, the penalties <-f the law were extended 
to the ca«e of other than testamentary instrument*. 
It is conjectured that, for the consulship of Statiliu* 
It 1 



518 



FALX. 



FALX. 



and Taurus, as it stands in the text of Ulpian, we 
should read Statilius Taurus, and that the consul- 
ship of T. Statilius Taurus and L. Scribonius Libo 
(A. D. 16) is meant. A subsequent senatus-con- 
sultum, in the fourteenth year of Tiberius, extended 
the penalties of the law to those who for money 
undertook the defence of a (criminal ?) cause, or to 
procure testimony ; and by a senatus-consultum, 
passed between the dates of those just mentioned, 
conspiracies for the ruin of innocent persons were 
comprised within the provisions of the law. An- 
other senatus-consultum, passed A. D. 26, extended 
the law to those who received money for selling, 
or giving, or not giving testimony. There were 
probably other legislative provisions for the pur- 
pose of checking fraud. In the time of Nero it 
was enacted against fraudulent persons (falsarii), 
that tabulae or written contracts should be pierced 
with holes, and a triple thread passed through the 
holes, in addition to the signature. (Suet. Nero, 
c. 17 ; compare Paulus, Sent. Recept. v. tit. 25. 
s. 6.) In the time of Nero it was also provided 
that the first two parts (cerae) of a will should 
have only the testator's signature, and the remain- 
ing one that of the witnesses : it was also provided 
that no man who wrote the will should give himself 
a legacy in it. • The provisions, as to adulterating 
money and refusing to take legal coin in payment, 
were also made by senatus-consulta or imperial 
constitutions. Allusion is made to the latter law 
by Arrian (Epict. iii. 3). It appears from numer- 
ous passages in the Roman writers that the crime 
of falsum in all its forms was very common, and 
especially in the case of wills, against which legis- 
lative enactments are a feeble security. (Heinecc. 
Syntagma ; Rein, Das Criminalrecht der Romer, 
where the subject is fully discussed.) [G. L.] 

FALX, dim. FALCULA (apin], hpiirauov, 
poet. SpeiravTi, dim. hpairavwv) , a sickle ; a scythe ; 
a pruning-knife, or pruning-hook ; a hill ; a fal- 
chion ; a halbert. 

As Culter denoted a knife with one straight 
edge, " falx " signified any similar instrument, the 
single edge of which was curved. (Apiwavov ev- 
Ka.jj.iris, Horn. Od. xviii. 367 ; carvae falces, Virg. 
Georg. i. 508 ; curvamine falcis aenae, Ovid, Met. 
vii. 227 ; adunca falce, xiv. 628.) By additional 
epithets the various uses of the falx were indicated, 
and its corresponding varieties in form and size. 
Thus the sickle, because it was used by reapers, 
was called falx messoria ; the scythe, which was 
employed in mowing hay, was called falx foenaria; 
the pruning-knife and the bill, on account of their 
use in dressing vines, as well as in hedging and in 
cutting off the shoots and branches of trees, were 
distinguished by the appellation of falx putatoria, 
vinitoria, arboraria, or, sihatica (Cato, De Re Rust. 
10, 11 ; Pallad. i. 43 ; Colum. iv. 25), or by the 
diminutive falcula. (Colum. xii. 18.) 

A rare coin published by Pellerin (Med. de Rois, 
Par. 1762. p. 208) shows the head of one of the 
Lagidae, kings of Egypt, wearing the Diadema, 
and on the reverse a man cutting down corn with 
a sickle. (See woodcut.) 

The lower figure in the same woodcut is taken 
from the MSS. of Columella, and illustrates his 
description of the various parts of the falx vinitoria. 
(De ReRust. iv. 25. p. 518, ed. Gesner.) [Culter.] 
The curvature in the fore part of the blade is ex- 
pressed by Virgil in the phrase procurva falx. 
(Georg. ii. 421.) After the removal of a branch 




by the pruning-hook, it was often smoothed, as 
in modern gardening, by the chisel. (Colum. 
De Arbor. 10.) [Dolabra.] The edge of the 
falx was often toothed or serrated (apit'qv /cap- 
XapoSovra, Hesiod, Tlieog. 174, 179 ; dentieulata, 
Colum. De Re Rust. ii. 21). The indispensable 
process of sharpening these instruments (apmiv 
Xapaaerefitvai, Hesiod, Op. 573 ; apirrjv evicafnrrj 
feo0?)7e'a, Apoll. Rhod. iii. 1388) was effected by 
whetstones which the Romans obtained from 
Crete and other distant places, with the addition 
of oil or water which the mower (foenisex) car- 
ried in a horn upon his thigh. (Plin. //. A r . xviii. 
67.) 

Numerous as were the uses to which the falx 
was applied in agriculture and horticulture, its 
employment in battle was almost equally varied, 
though not so frequent. The Geloni were noted 
for its use. (Claudian, DeLaud. Stil. i. 110.) It 
was the weapon with which Jupiter wounded 
Typhon (Apollod. i. 6) ; with which Hercules 
slew the Lernaean Hydra (Eurip. Ion, 191) ; and 
with which Mercury cut off the head of Argus 
(falcato ense, Ovid, Met. i. 718 ; harpen Cyllenida, 
Lucan, ix. 662 — 667). Perseus, having received 
the same weapon from Mercury, or, according to 
other authorities, from Vulcan, used it to decapi- 
tate Medusa and to slay the sea-monster. (Apollod. 
ii. 4 ; Eratosth, Cataster. 22 ; Ovid, Met. iv. 666, 
720, 727, v. 69 ; Brunck, Anal. iii. 157.) From 
the passages now referred to, we may conclude that 
the falchion was a weapon of the most remote 
antiquity ; that it was girt like a dagger upon the 
waist ; that it was held in the hand by a short 
hilt ; and that, as it was in fact a dagger or sharp- 
pointed blade, with a proper falx projecting from 
one side, it was thrust into the flesh up to this 
lateral curvature (curvo tenus abdidit hamo). In 
the following woodcut, four examples are selected 
from works of ancient art to illustrate its form. 
One of the four cameos here copied represents 
Perseus with the falchion in his right hand, and 
the head of Medusa in his left. The two smaller 
figures are heads of Saturn with the falx in its 
original form ; and the fourth cameo, representing 
the same divinity at full length, was probably en- 
graved in Italy at a later period than the others, 
but early enough to prove that the scythe was in 
use among the Romans, whilst it illustrates the 
adaptation of the symbols of Saturn (Kp6vos : 
senex falcifer, Ovid, Fast. v. 627, in Ibin, 216) 
for the purpose of personifying Time (XpoVos). 
If we imagine the weapon which has now been 



F AM I LI A. 



FAMILIA. 



519 




described to he attached to the end of a pole, it 
would assume the form and he applicable to all the 
purposes of the modern halbert Such must have 
been the asseres ftilcati used by the Romans at 
the siege of Ambracia. (Liv. xxxviii.5 ; compare 
Cacs. Bell. Cull. vii. 22, 86 ; Q. Curt. iv. 19.) 
Sometimes the iron head was so large as to be 
fastened, instead of the ram's head, to a wooden 
beam, and worked by men under a tcstudo. 
(Vcget iv. 14.) 

Lastly, the Assyrians, the Persians, the Mcdes, 
and the Syrians in Asia (Xen. C'yrop. vi. 1, 2, 
Analt. i. 8"; Diod. ii. 5, xvii. 53 ; Polvb. v. 
53 ; Q. Curt. iv. 9, 12, 13 ; Gell. v. 5 ; 2 Mace, 
xiii. 2 ; Vcget iii, 24 ; Liv. xxxvii. 41), and the 
Gauls and Britons in Europe [Covinus], made 
themselves formidable on the field of battle by the 
use of chariots with scythes, fixed at right angles 
(cii irAa-yioi/) to the axle and turned downwards ; 
or inserted parallel to the axle into the felly of the 
wheel, so as to revolve, when the chariot was 
put in motion, with more than thrice the velocity 
of the chariot itself ; and sometimes also projecting 
from the extremities of the axle. [J. Y.] 

FAMI'LIA. This word contains the same 
clement as " famulus," which is said to be the 
same as the Oscan famul or fatnel, which signified 
"servus." The conjecture that it contains the 
same element as the Greek A/xiAfa, and is the 
same as S/i or ift, is specious, but somewhat doubt- 
ful. In its widest sense Familia comprehends all 
that is subjected to the will of an individual, who 
is sui juris, both free persons, slaves, and objects 
of property. In this sense it corresponds to the 
Greek o'kos and oUia. Hut the word has various 
narrower significations (familiac — appellatio ct in 
res ct in persona* iliduciliir, ."ill. tit. 1 1). s. 1 95. 
§ 1). In the third kind of testamentary disposi- 
tion mentioned by Gaius (ii. 102), the word 
" familia " is explained by the equivalent " patri- 
monium and the person who received the familia 
from the testator (qui a testatorc familiam ac- 
cipicbat mancipio) was called 44 familiac emptor." 
And in the formula adopted by the " familiac 
emptor,"' when he took the testator's familia by a 
fictitious sale, his words were : " Familiam pe- 
cuniumquc tuam endo mnndatam tutelam custodc- 
lamque menm recipio," \r. 

In the passage of the Twelve Tables which de- 



clares that in default of any heres suus, the pro- 
perty of the intestate shall go to the next agnatus, 
the word " familia " signifies the property only : 
" Agnatus proximus familiam habeto." In the 
same section in which Ulpian (Frag. tit. 26. 1) 
quotes this passage from the Twelve Tables, he 
explains agnati to be " cognati virilis sexus per 
mares descendentes ejusdem familiac," where the 
word " familia " comprehends only persons. (Dig. 
50. tit. 16. s. 195; 10. tit 2.) 

The word " familia " sometimes signifies only 
" persons," that is, all those who are in the power 
of a paterfamilias, such as his sons (filiifumilias), 
daughters, grandchildren, and slaves, whoarestrictly 
objects of dominium, but are also in a sense objects 
of potestas. In another sense " familia " signifies 
only the free persons who are in the power of a 
paterfamilias ; and, in a more extended sense of 
this kind, all those who are agnati, that is, all 
who are sprung from a common ancestor, and 
would be in his power if he were living. With 
this sense of familia is connected the status fami- 
liae, by virtue of which a person belonged to a 
particular familia, and thereby had a capacity for 
certain rights which only the members of the 
familia could claim. A person who changed this 
status, ceased to belong to the familia, and sus- 
tained a capitis diminutio minima. [Adoptio ; 
Caput.] Members of the same family were 
" familiares ;" and hence familiaris came to signify 
an intimate friend. Slaves who belonged to the 
same familia were called, with respect to this re- 
lation, familiares. Generally, " familiaris " might 
signify any thing relating to a familia. 

Sometimes " familia" is used to signify only the 
slaves belonging to a person (Cic. ad Fam. xiv. 4, 
ad Quint. Ft. ii. 6) ; or to a body of persons 
(socictas), in which sense they are sometimes op- 
posed to liberti (Cic. Brut. 22), where the true 
reading is " liberti." (Cic. ad Fam. i. 3.) 

The word familia is also applied (improperly) to 
sects of philosophers, and to a body of gladiators : in 
the latter sense with less impropriety. In a sense 
still less exact, it is sometimes applied to signify a 
living, a man's means of subsistence. (Ter. Ilcautun. 
v. 1. 36.) 

A paterfamilias and a mntcrfamilias were re- 
spectively a Roman citizen who was sui juris, and 
his wife in manu. (Cic Top. 3 ; com p. I'lp. Fray. 
iv. 1, and Docking, Instil, i. pp. 217, 229.) A 
filiusfamilias and a filiafamilias were a sou and 
daughter in the power of a paterfamilias. The 
familia of a paterfamilias, in its widest sense, 
comprehended all his agnati ; the extent of which 
term, and its legal import, are explained under 
Counati. The relation of familia and gens is 
explained under fiE.vs. 

The notion of Familia as a natural relation con- 
sists of Marriage, the I'atria Potestat, and Cognatio 
(kinship). Dut Positive Law can fashion other 
relations after the type of these natural relations. 
Of these artificial family relations the Roman law 
had five, which are as follow: — (1) Manus, or 
the strict marriage relation between the husband 
and wife ; (2) Scrvitus, or the relation of muster 
and slave ; (3) Putrunatus, or the relation of 
former master to former slave ; (I) Manripii 
causa, or that intermediate state between scrvitus 
and libertas, which characterized n child who was 
mnncipnted by his father | F.m a si ipatio | ; (5) 
Tutela and Curntio, the origin of which must bo 
I. I. 4 



520 



FARTOR. 



FASCES. 



traced to the Patria Potestas. These relations are 
treated under their appropriate heads. 

The doctrine of representation, as applied to the 
acquisition of property, is connected with the doc- 
trine of the relations of familia ; but being limited 
with reference to potestas, manus, and mancipium, 
it is not co-extensive nor identical with the rela- 
tions of familia. Legal capacity is also connected 
with the relations of familia, though not identical 
with, but rather distinct from them. The notions 
of liberi and servi, sui juris and alieni, are com- 
prised in the above-mentioned relations of familia. 
The distinctions of Cives, Latini, Peregrini, are 
entirely unconnected with the relations of familia. 
Some of the relations of familia have no effect on 
legal capacity, for instance, marriage as such. That 
family relationship which has an influence on legal 
capacity, is the Patria Potestas, in connection 
with which the legal incapacities of filiusfamilias, 
filiafamilias, and a wife in manu, may be most 
appropriately considered. (Savigny, System des 
heutigen Rom. Rcclits, vol. i. pp. 345, &c, 356, &c. 
vol. ii. Berlin, 1840 ; Bb'cking, Imtutionen, vol. i. 
p. 213, &c.) [G. L.] 

FAMI'LIAE ERCISCUNDAE ACTIO. 
Every heres, who had full power of disposition 
over his property, was entitled to a division of the 
hereditas, unless the testator had declared, or the 
co-heredes had agreed, that it should remain in 
common for a fixed time. The division could be 
made by agreement among the co-heredes ; but in 
case they could not agree, the division was made by 
a judex. For this purpose every heres had against 
each of his co-heredes an actio (amiliae erciscundae, 
which, like the actiones communi dividundo, and 
finium regundorum, was of the class of Mixtae 
Actiones, or, as they were sometimes called, Du- 
plicia Judicia, because, as in the familiae erciscundae 
judicium, each heres was both plaintiff and defend- 
ant (actor and reus) ; though he who brought the 
actio and claimed a judicium (ad judicium provo- 
cavit) was properly the actor. A heres, either ex 
testamento or ab intestato, might bring this action. 
All the heredes were liable to the bonorum collatio 
[Bonorum Collatio], that is, bound to allow, in 
taking the account of the property, what they had 
received from the testator in his lifetime, as part of 
their share of the hereditas, at least so far as they 
had been enriched by such donations. 

This action was given by the Twelve Tables. 
The word Familia here signifies the " property," 
as explained in the previous article, and is equiva- 
lent to hereditas. 

The meaning and origin of the verb ere, iscere, 
or here, iscere, have been a subject of some dis- 
pute. It is, however, certain that the word means 
"division." (Dig. 10. tit. 2; Cic. De Orat. i. 
56, Pro Caecina, c. 7; Apul. Met. ix. p. 210, 
Bipont.) [G. L.] 

FAMO'SI LIBELLI. [Libellus.] 

FANUM. [Templum.] 

FA'RREUM. [Matrimonii™.] 

FARTOR (<riTevT'qs), was a slave who fattened 
poultry. (Colum. viii. 7 ; Hor. Sat. ii. 3. 228 ; 
Plaut. True. i. 2. 11.) Donatus (ad Terent. Eun. 
ii. 2. 26) says that the name was given to a 
maker of sausages ; but compare Becker, Gallus, 
vol. ii. p. 190. 

The name of fartores or crammers was also 
given to the nomenclatores, who accompanied the 
candidates for the public offices at Rome, and gave 



them the names of such persons as they might 
meet. (Festus, s. v. Fartores.) 
FAS. [Fasti ; Jus.] 

FASCES, were rods bound in the form of a 
bundle, and containing an axe (secuiis) in the 
middle, the iron of which projected from them. 
These rods were carried by lictors before the supe- 
rior magistrates at Rome, and are often represented 
on the reverse of consular coins. (Spanh. De 
Praest. et Usu Numism. vol. ii. pp.88, 91.) The 
following woodcuts give the reverses of four con- 
sular coins ; in the first of which we see the lictors 
carrying the fasces on their shoulders ; in the 
second, two fasces, and between them a sella 
curulis ; in the third, two fasces crowded, with 
the consul standing between them ; and in the 
fourth, the same, only with no crowns around the 
fasces. 




The next two woodcuts, which are taken from 
the consular coins of C. Norbanus, contain in ad- 
dition to the fasces — the one a spica and caduceus, 
and the other a spica, caduceus, and prora. 




The fasces appear to have been usually made of 
birch (lietulla, Vlm.H.N. xvi. 30), but sometimes 
also of the twigs of the elm. (Plaut. Asin. iii. 2. 
29, ii. 3. 74.) They are said to have been de- 
rived from Vetulonia, a city of Etruria. (Sil. Ital. 
viii. 485 ; compare Liv. i. 8.) Twelve were carried 
before each of the kings by twelve lictors ; and 
on the expulsion of the Tarquins, one of the con- 
suls was preceded by twelve lictors with the fasces 
and secures, and the other by the same number 
of lictors with the fasces only, or, according to 
some accounts, with crowns round them. (Dionys. 
v. 2.) But P. Valerius Publicola, who gave to 
the people the right of provocatio, ordained that 



FASCIA. 



FA.-TI. 



521 



the secures should be removed from the fasces, and 
allowed only one of the consuls to be preceded by 
the lictors while they were at Rome. (Cic de 
Rep. ii. 31 ; Valer. Max. iv. ]. § 1.) The other 
consul was attended only by a single accensus 
[Accensus]. When they were out of Rome, and 
at the head of the army, each of the consuls re- 
tained the axe in the fasces, and was preceded by 
his own lictors. (Dionys. v. 19 ; Liv. xxiv. 9, 
xxviii. 27.) 

When the decemviri were first appointed, the 
fasces were only carried before the one who pre- 
sided for the day (Liv. iii. 33) ; and it was not 
till the second decemvirate, when they began to 
act in a tyrannical manner, that the fasces with 
the axe were carried before each of the ten. (Liv. 
iii. 36.) The fasces and secures were, however, 
carried before the dictator even in the city (Liv. 
ii. 1ft): he was preceded by 24 lictors, and the 
magister equitum by six. 

The praetore were preceded in the city by two 
lictors with the fasces (Censorin. De Die Natal. 
24 ; Cic. Ayrar. ii. 34) ; but out of Rome and at 
the head of an army by six, with the fasces and 
secures, whence they are called by the Greek 
writers mparir/oi i£aireKtKeis. (Appian, Syr. 15 ; 
Polyb. ii. 24. § G, iii. 40. § 9, 100. § 6.) The 
proconsuls also were allowed, in the time of Ulpian, 
six fasces. (Dig. 1. tit. 16. s. 14.) The tribunes 
of the plcbs, the aediles and quaestors, had no 
lictors in the city (Plut. (^uaest. Horn. 81 ; Oell. 
xiii. 12) ; but in the provinces the quaestors were 
permitted to have the fasces. (Cic Pro Plane. 
41.) 

The lictors earned the fasces on their shoulders, 
as is seen in the coin of Brutu* given above ; and 
when an inferior magistrate met one who was 
higher in rank, the lictors lowered their fasces to 
him. This was done by Valerius Publicola, when 
he addressed the people (Cic. de Rep. ii. 31 ; Liv. 

ii. 7 ; Valer. Max. iv. 1. § 1) ; and hence came 
the expression submittere fasces in the sense of to 
yield, to confess one's self inferior to another. (Cic. 
Unit. 6.) 

When a general had gained a victory, and had 
be'-n saluted as Imperator by his soldiers, his 
fasces were always crowned with laurel. (Cic. ad 
Alt. viii. 3. § 5, de Div. i. 28 ; Caes. Dell. Civ. 

iii. 71.) 

FASCIA |rara), dim. FASCIOLA, a band 
or fillet of cloth, wom, 1. round the head as an 
ensign of royalty (Sueton. Jul. 79) [Diadem a ; 
woodcut to K.w.x] : 2. by women over the breast 
(Ovid, De Art. A mat. iii. 622 ; Propert. iv. 10. 
49 ; fascia Pectoralis, Mart. xiv. 134) [Stho- 
piucm] : 3. round the legs and feet, opccially 
by women (sec the woodcut under the article 
Lihua). Cicero reproached Clodius for wearing 
fasciae upon his feet, and the Calantica, a female 
ornament, upon his head (up. Nun. Mure. xiv. 2). 
Afterwards, when the tnu'a had fallen into disuse, 
and the shorter pallium was worn in its stead, 
so that the lrgs wi re naked and exposed, fateiae 
crurules became common even with the male sex. 
(Hor. Hat. ii. 3. 255 ; Vol. Max. vi. 2. § 7 ; Grot. 
Ofttg. 888.) The emperor Alexander Sevenn 
(Lamprid. Alex. Sev. 40) always used them, even 
although, when in town, he wore the toga. Quin- 
tilian, nevertheless, ns.terts that the ndoption of 
them could only be excused on the plea of infirm 
health. (Inst. Or. xi. 3.) White lasciae, wom 



by men (VaL Max. I. c. ; Phaed. v. 7. 37), were a 
sign of extraordinary refinement in dress : the 
mode of cleaning them was by rubbing them with 
a white tenacious earth, resembling our pipe-clay 
(fusciae cretatae, Cic. ad Aft. ii. 3). The finer 
fasciae, worn by ladies, were purple. (Cic. de 
Hurusp. Resp. 21.) The bandages wound about 
the legs, as shown in the illuminations of ancient 
MSS., prove that the Roman usage was generally 
adopted in Europe during the middle ages. 

On the use of fasciae in the nursing of children 
(Plaut. True. v. 13) see Incunabula. [J. Y.] 

FA'SCIA (raivia), in architecture, signifies (by 
an obvious analogy with the ordinary meaning of 
the word) any long flat surface of wood, stone, or 
marble, such as the band which divides the archi- 
trave from the frieze in the Doric order, and the 
surfaces into which the architrave itself is divided 
in the Ionic and Corinthian orders. (See Episty- 
LITJM, and the cuts under Columna.) [P. S.] 

FA'SCIXUM ( fiaoKavia), fascination, enchant- 
ment. The belief that some persons had the 
power of injuring others by their looks, was as 
prevalent among the Greeks and Romans as it is 
among the superstitious in modem times. The 
b<p6aXuhs fiavKavos, or evil eye, is frequently men- 
tioned by ancient writers. (Alciphr. Ep. i. 15 ; 
Heliod. Aethiup. hi. 7 ; compare Plin. //. A*, vii. 2.) 
Plutarch, in his Symposium (v. 7), has a separate 
chapter irtpl ruy KaraSaffKatveiv Kiyo/xivuiv, koX 
fiaaKavuv lx (,v o<p6a\fi6v. The evil eye was sup- 
posed to injure children particularly, but some- 
times cattle also ; whence Virgil (Eel. iii. 103) 
says, 

" Xescio quis tencros oculos mihi fascinat agrium." 

Various amulet* were used to avert the influence 
of the evil eye. The most common of these ap- 
pears to have been the phallus, called by the 
Romans fascinum, which was hung round the 
necks of children (turpicula res, Varr. De Liny. Lai. 
vii. 97, ed. Muller). Pliny (//. N. xix. 19. § 1) 
also says that Satyrica siyna, by which he means 
the phallus, were placed in gardens and on hearths 
as a protection against the fascinations of the 
envious ; and we leam from Pollux (viii. 1 1 8) 
that smiths were accustomed to place the same 
figures before their forges with the same design. 
Sometimes other objects were employed for this 
purpose. Pcisistratus is said to have hung the 
figure of a kind of grasshopper before the Acro- 
polis as a preservative against fascination. (Hcsych. 
s. v. Kotox^»t).) 

Another common mode of averting fascination 
was by spitting into the folds of one's own dress. 
(Thcocr. vi. 39 ; Plin. //. A r . xxviii. 7 ; Lucian, 
Nuviy. 15. vol. iii. p. 259, cd. Reitz.) 

According to Pliny (Hi A r . xxviii. 7), Fnscinus 
was the name of a god, who was worshipped among 
the Roman sacra by the Vestal virgins, and was 
placed under the chariot of those who triumphed 
as a protection against fascination ; by which he 
means in all probability that the phallus wns 
placed under the chariot. (Muller, Arc/iiiol. der 
Kunst, § 436. 1, 2; Hb'ttiger, Klein. Sclir. iii. 
p. 1 1 1 ; Keeker, Charities, vol. ii. pp. 109, 291.) 

FASTI. Put signifies divine law : the epithet 
Justus is properly applied to anything in accordance 
with divine law, and hence those days upon which 
legnl business might, without impiety (sine piaado), 
be transacted before the proctor, were technically 



522 



FASTI. 



FASTI. 



denominated fasti dies, i. e. lawful days. Varro 
and Festus derive fastus directly from fori (Varr. 
de Ling. Lat. vi. 2 ; Festus, s. v. Fasti), while 
Ovid (Fast. i. 47) may be quoted in support of 
either etymology. 

The sacred books in which the fasti dies of the 
year were marked, were themselves denominated 
fasti ; the term, however, was employed in an ex- 
tended sense to denote registers of various descrip- 
tions, and many mistakes have arisen among com- 
mentators from confounding fasti of different kinds. 
It will be useful, therefore, to consider separately 
the two great divisions, which have been distin- 
guished as Fasti Sacri or Fasti Kalendares, and 
Fasti Annates or Fasti Historici. 

I. Fasti Sacri or Kalendares. For nearly 
four centuries and a half after the foundation of 
the city a knowledge of the calendar was possessed 
exclusively by the priests. One of the pontifices 
regularly proclaimed the appearance of the new 
moon, and at the same time announced the period 
which would intervene between the Kalends and 
the Nones. On the Nones the country people 
assembled for the purpose of learning from the Rex 
Sacrorum the various festivals to be celebrated 
during the month, and the days on which they 
would fall. (Macrob. i. 15.) In like manner all 
who wished to go to law were obliged to inquire of 
the privileged few on what day they might bring 
their suit, and received the reply as if from the lips 
of an astrologer. (Cic. Pro Muren. 11.) The whole 
of this lore, so long a source of power and profit, 
and therefore jealously enveloped in mystery, was 
at length made public by a certain Cn. Flavins, 
scribe to App. Claudius Caecus (Liv. ix. 46 ; 
Plin. //. N. xxxiii. 1 ; Gell. vi. 9 ; Val. Max. ii. 
5), who, having gained access to the pontifical 
books, copied out all the requisite information, and 
exhibited it in the forum for the use of the people 
at large. From this time forward such tables be- 
came common, and were known by the name of 
Fasti. They usually contained an enumeration of 
the months and days of the year ; the Nones, Ides, 
Nundinae, Dies Fasti, Nefasti, Comitiales, Atri, 
&c. [Calendarium], together with the different 
festivals, were marked in their proper places : as- 
tronomical observations on the risings and settings 
of the fixed stars, and the commencement of the 
seasons were frequently inserted, and sometimes 
brief notices annexed regarding the introduction 
and signification of certain rites, the dedication of 
temples, glorioui. victories, and terrible disasters. 
In later times it became common to pay homage 
to the members of the imperial family by noting 
down their exploits and honours in the calendar, a 
species of flattery with which Antonius is charged 
by Cicero [Pkilipp. ii. 34. See also Tacit. Ann. 
i. 15). 

It will be seen from the above description that 
these fasti closely resembled a modern almanac 
(Fastorum, libri appellantur totius anni descriptio. 
Festus) ; and the celebrated work of Ovid may be 
considered as a poetical Year-book or Companion 
to the Almanac, having been composed to illustrate 
the Fasti published by Julius Caesar, who re- 
modelled the Roman year. All the more remark- 
able epochs are examined in succession, the origin 
of the different festivals explained, the various 
ceremonies described, the legends connected with 
the principal constellations narrated, and many 
curious discussions interwoven upon subjects likely 



to prove interesting to his countrymen ; the whole 
being ' seasoned with frequent allusions to the 
glories of the Julian line. 

Several specimens of fasti, more or less perfect, 
on stone and marble, have been discovered at dif- 
ferent times in different places, none of them, how- 
ever, older than the age of Augustus. The most 
remarkable, though one of the least entire, is that 
known as the Kalendarium Praenestinum or Fasti 
Verriani. Suetonius, in his short treatise on dis- 
tinguished grammarians, tells us that a statue of 
Verrius Flaccus, preceptor to the grandsons of 
Augustus, stood in the lower part of the forum 
of his native town, Praeneste, opposite to the 
Hemicyclium, on which he had exhibited to public 
view the fasti, arranged by himself, and engraved 
on marble slabs. In the year 1770 the remains 
of a circular building were discovered in the im- 
mediate vicinity of the modern Palestrina, to- 
gether with several fragments of marble tablets, 
which were soon recognised as forming part of an 
ancient calendar ; and upon further examination 
no doubt was entertained by the learned that 
these were the very fasti of Verrius described by 
Suetonius. An Italian antiquary, named Foggini, 
continued the excavations, collected and arranged 
the scattered morsels with great patience and 
skill ; and in this manner the months of January, 
March, April, and December, to which a very 
small portion of February was afterwards added, 
were recovered ; and, although much defaced and 
mutilated, form a very curious and useful monu- 
ment. They appear to have embraced much in- 
formation concerning the festivals, and a careful 
detail of the honours bestowed upon, and the 
triumphs achieved by, Julius, Augustus, and Ti- 
berius. The publication of Foggini contains not 
only an account of this particular discovery, but 
also the complete fasti of the Roman year, so far 
as such a compilation can be extracted from the 
ancient calendars now extant. Of these he enu- 
merates eleven, the names being derived either 
from the places where they were found, or from 
the family who possessed them when they first be- 
came known to the literary world : — 

1. Calendarium Maffeiorum, which contains the 
twelve months complete. 

2. Cal. Praenestinum, described above. 

3. Cal. Capranicorum, August and September 
complete. 

4. Cal. Amiterninum, fragments of the month 
from May to December. 

5. Cal. Antiatinum, fragments of the six last 
months. 

6. Cal. Esquilimim., fragments of May and June. 

7. Cal. Farnesianum, a few days of February 
and March. 

8. Cal. Pincianum, fragments of July, August, 
and September. 

9. Cal. Venusinum, May and June complete. 

1 0. Cal. Vaticanum, a few days of March and 
April. 

11. Cal. AUifanum, a few days of July and 
August. 

Some of the above, with others of more recent 
date, are given in the Corpus Inscriptionum of 
Gruter, in the 11th vol. of the T/iesaurus Rom. 
Antiqq. of Graevius, and in other works of a simi- 
lar description ; but the fullest information upon 
all matters connected with the Fasti Sacri is em- 
bodied in the work of Foggini, entitled Fastorum 



FASTI. 



FASTIGIUM. 



523 



anniRomam a Verrio Flacco ordinatorum Reliquiae, 
Sec. Romae, 1779 ; and in Jac. Van Vaassen Ani- 
madverts, ad Fastos Rom. Sacros fragmenta, Traj. 
ad Rhen. 1795: to which add Ideler's Handbuch 
der Mathematisclten und Technischen Chronoloyie. 
Berlin, 1826. 

Before quitting this part of our subject, we may 
make mention of a curious relic, the antiquity of 
which has been called in question without good 
cause, the Calendarium Rusticum Farnesianum. 
This Rural Almanac is cut upon four sides of a 
cube, each face being divided into three columns, 
and each column including a month. At the top 
of the column is can ed the appropriate sign of the 
zodiac ; then follows the name of the month, the 
number of the days, the position of the nones, the 
length of the day and night, the name of the sign 
through which the sun passes, the god under 
whose protection the month was placed, the various 
agricultural operations to be performed, and a list 
of the principal festivals. Take May as an ex- 
ample : — 

MENSIS 
MA1VS 

dies. xxxr. 

non. septim. 
dies. hok. xijiis. 
nox. hor. viii1s. 

sol. tavro. 
tvtela. ai'ollin - . 
se«;et. rvxcant. 
oves. tondent. 
lan a. lavatvr. 
ivvenci dom ant. 
vicea. pabv'l. 

SECATVR. 
SEGETES 
LVSTRANTVR. 
SACRY'.U. MERCVR. 
ET. FLORAE. 

(See the commentary of Morcelli in his Opera 
Epigraphica, vol. i. 77.) 

II. Fasti Annales or IIistorici. Chronicles 
such as the Annates Alaa-imi, containing the names 
of the chief magistrates for each year, and a short 
account of the most remarkable events noted down 
opposite to the days on which they occurred, 
were, from the resemblance which they bore in 
arrangement to the sacred calendars, denominated 
fasti; and hence this word is used, especially 
by the poets, in the general sense of historical 
records. (Horat. SaU L 3. 112, farm. iv. 13. 
13, iii. 17. 7.) 

In prose writcrg fasti is commonly employed as 
the technical term for the registers of consuls, 
dictators, censors, and other magistrates, which 
formed |«irt of the public archives. (Li v. ix. Ill ; 
Cic. J'ro Se-rt. 14 ; compare Cic. PkUipp. xiii. 
12 ; Tacit. Ann. iii. 17, IK.) Again, when Cicero 
remarks in the fnmous epistle to Lucccius (Ad 
Fam. v. 12), 44 Etenim ordo ille annalium mcdio- 
critcr nos retinet quasi enumerationc fastonim," 
he means that the regular succession of events 
meagrely detailed in chronicles fixed the attention 
but feebly, and was little more interesting than a 
mere catalogue of names. (Compare Ad Alt. iv. 8.) 

A most important specimen of fasti belonging to 
this class, executed probably at tin- beginning of 
the reign of Tiberius, lias been partially preserved. 
In the year 1517, several fragments of marble 
tablets were discovered in excavating the Roman 



forum, and were found to contain a list of consuls 
dictators with their masters of horse, censors with 
the lustra which they closed, triumphs and ova- 
tions, all arranged in regular succession according 
to the years of the Catonian era. These had evi- 
dently extended from the expulsion of the kings 
to the death of Augustus, and although defective 
in many places, have proved of the greatest value 
in chronology. The ditferent pieces were collected 
and arranged under the inspection of Cardinal 
Alexander Farnese, and deposited in the Capitol, 
where they still remain. From this circumstance 
they are generally distinguished as the Fasti 
Capitolini. In the years 1817 and 1818, two 
other fragments of the same marble tablets were 
discovered in the course of a new excavation in 
the Forum. A fac-simile of them was published 
at Milan, by Borghesi, in 1818. [W. R.] 

FASTI Cill.'M (ctfTos, a(Tu/j.a), literally, a 
slope, in architecture a pediment, is the triangle 
which surmounts each end of a rectangular build- 
ing, and which, in fact, represents the gable end of 
the roof. (See woodcut, p. 97.) It is composed 
of three sets of mouldings (forming respectively the 
horizontal base and the sloping sides of the triangle, 
and representing the timber framing of the roof), 
and of a flat surface enclosed by them, which covers 
the vacant space of the roof, and which, from its 
resemblance to a membrane stretched upon the 
triangular frame, is called tympanum. (Vitruv. 
iii. 3.) This flat surface was generally omamented 
with sculpture ; originally, in the early temples of 
Zeus, with a simple eagle as a symbol of the god 
(Pind. Oli/mp. xiii. 29, and Schol. ad toe.), an in- 
stance of which is afforded by the coin represented 
in tho following woodcut (Beger. Spicti. Antiq. 





V 


l"T| 








r 


J,i 


.1 


f 







p. 6), whence the Greek name Afro's which was at 
first applied to the tympanum and afterwards to 
the whole pediment ; and in after times with elabo- 
rate sculptures in high relief, such as those in the 
pediments of the Parthenon, the fragments of which 
are among the Elgin marbles in tin- liritish Museum; 
where also may be seen a full-sized model of the 
pediments of the temple of Zeus Panhellenius, at 
Aegino, with casts of the statues in them, restored. 
Most of the celebrated Greek temples were simi- 
larly adorned. (See Paus. i. 24. § 5, ii. 7. § 3, 
v. 10. §2, ix. II. §4 ; Aristoph. Ares, 1110.) 
Terra-cotta figures were applied in n similar manner 
by the Romans in the earlv ages. (Cic. Jh'rin. 
i. 10 j Vitruv. iii. 2; Plin. jl.N. xxxv. 12. s.43, 
40, xxxvi. 2.) 

The dwelling-houses of the Romnns had no gnblo 
ends ; consequently, when the word is applied to 
them (ClC. Spilt ad Q. Fr. iii. 1.4; Virg. Am. 
\ni. 191), it is not in its strictly technical sense, 
but designates the roof simply, and is to be under- 
stood of one which rises to iui apex as distinguished 



524 



FAX. 



FENUS. 



from a flat one, or sometimes it may refer to the 
pediment of a portico attached to the front of a man- 
sion, as when the Romans decreed to Caesar the 
liberty of erecting a fastigium to his house (Cic. 
Pkil.'n. 43 ; Floms, iv. 2 ; Plut. Caes. 81 ; comp. 
Acroterium), that is, a portico and pediment 
towards the street like that of a temple. [A. R.] 

FAUCES. [Domus, p. 428, a.] 

FAX (<pav6s), a torch. The descriptions of 
poets and mythologists, and the works of ancient 
art, represent the torch as carried by Diana, Ceres, 
Bellona, Hymen (woodcut, p. 238), Phosphorus, 
by females in Bacchanalian processions (p. 288), 
and, in an inverted position, by Sleep and Death. 
In the annexed woodcut, the female figure in the 
middle is copied from a fictile vase. The winged 
figure on the left hand, asleep and leaning on a 
torch, is from a funeral monument at Rome : the 
word " Somnus" is inscribed beside it. The other 
winged figure, also with the torch inverted, is 
taken from an antique gem, and represents Cupid 
under the character of Avrrepws (Serv. in Virg. Aen. 
iv. 520) or " Lethacus Amor" (Ovid, Rem. Amor. 
555). In ancient marbles the torch is sometimes 
more ornamented than in the examples now pro- 




duced ; but it appears to he formed of wooden 
staves or twigs, either hound by a rope drawn 
round them in a spiral form, as in the above middle 
figure, or surrounded by circular bands at equal 
distances, as in the two exterior figures. The in- 
side of the torch may be supposed to have been 
filled with flax, tow, or other vegetable fibres, the 
whole being abundantly impregnated with pitch, 
rosin, wax, oil, and other inflammable substances. 
As the principal use of torches was to give light to 
those who went abroad after sunset, the portion of 
the Roman day immediately succeeding sun-set 
was called fax or prima fax. (Gell. iii. 2 ; Ma- 
crob. Sat. i. 2.) Torches, as now described, ap- 
pear to have been more common among the Romans 
than the Greeks. The use of torches after sun-set, 
and the practice of celebrating marriages at that 
time, probably led to the consideration of the torch 
as one of the necessary accompaniments and sym- 
bols of marriage. Among the Romans the fax 
nuptialis (Cic. pro Cluent. 6), having been lighted 
at the parental hearth, was carried before the bride 
by a boy whose parents were alive. (Plaut. Cas. i. 
30 ; Ovid, Epist. xi. 101 ; Servius, in Virg. Eel. 
viii. 29 ; Plin. N. xvi. 18 ; Festus, s. v. Pa- 
trimi.) The torch was also carried at funerals (fax 
scpukhralis, Ovid, Epist. ii. 120), both because 



these were often nocturnal ceremonies, and because 
it was used to set fire to the pile. Hence the ex- 
pression of Propertius (iv. 12. 46), "Vivimus in- 
signes inter utramque facem." The torch-bearer 
turned away his face from the pile in setting it on 
fire. (Virg. Aen. vi. 224.) [J."Y.] 

FEBRUUM. [Lupercama.] 

FECU'LES. [Fetiales.] 

FEMIN A'LIA, were worn in winter by Augus- 
tus Caesar, who was very susceptible of cold. 
(Sueton. Aug. 82.) Casaubon supposes them to 
have been bandages or fillets [Fascia] wound 
about the thighs ; it seems more probable that they 
were breeches resembling ours, since garments for 
the thighs (irepi/xiipta) were worn by the Roman 
horsemen (Arrian, Tact. p. 14, ed. Blanc.) ; and 
the column of Trajan, the arch of Constantine, and 
other monuments of the same period, present nu- 
merous examples of both horse and foot soldiers 
who wear breeches, closely fitted to the body, and 
never reaching much below the knees. (See wood- 
cuts, pp. 2, 1 17, 136.) [J. Y.] 

FENESTRA. [Domus, p. 432.] 

FENUS (tokos), interest of money. 1. Greek. 
At Athens, Solon, among other reforms, abolished 
the law by which a creditor was empowered to 
sell or enslave a debtor, and prohibited the lending 
of money upon a person's own body (iirl to?j 
aii/xaai /UijSeVa Savd^LV, Plut. Sol. c. 15). No 
other restriction, we are told, was introduced by 
him, and the rate of interest was left to the dis- 
cretion of the lender (to apyvpiov ffT&ffijxov elvat 
i(p' oir6o~<p av (SovX-qrai o Saveifav, Lys. in Theom. 
p. 117). The only case in which the rate was 
prescribed by law, was in the event of a man sepa- 
rating from his lawful wife, and not refunding the 
dowry he had received with her. Her trustees or 
guardians (oi Kvpwi) could in that case proceed 
against him for the principal, with lawful interest 
at the rate of 18 per cent. [Dos (Greek).] 

Any rate might be expressed or represented in 
two different ways : (1.) by the number of oboli 
or drachmae paid by the month for every mina ; 
(2) by the part of the principal (to apxaiov or 
ice(p6.\aiov) paid as interest either annually or for 
the whole period of the loan. According to the 
former method, which was generally used, when 
money was. lent upon real security (tSicoi eyyvoi 
or 6776101), different rates were expressed as fol- 
lows : — 10 per cent, by iirl Trevre dSoXois, i.e. 
5 oboli per month for every mina, or 60 oboli a 
year=10 drachmae = t 'q of a mina. Similarly, 

12 per cent, by eVl Spaxp-fj per month. 

16 per cent. „ eV oktw bSoXols • „ 

18 per cent. „ eV ivvia iSoXois „ 

24 per cent. „ eirl oWl Spaxp-aTs „ 

36 per cent. „ M rpiai Spaxp-aTs ,, 
5 per cent. „ iirl toi'tw r]p.io§oXiw, probably. 

Another method was generally adopted in 
cases of bottomry, where money was lent upon the 
ship's cargo or freightage (eV! ™ vavXw) or the 
ship itself, for a specified time, commonly that of 
the voyage. By this method the following rates 
were thus represented. 

1 per cent, by t6koi eViSeVaToi, i. e. interest at 
the rate of a tenth ; i24_-, 16£, 20, 33£, by t6koi 
£iy6yo°ooi, ec/>e/cToi, e7ri7T6^7rT0i, and iivlrpirot, re- 
spectively. So that, as Bbckh (Publ. Economy of 
Athens, pp. 123, 124, 2nd ed.) remarks, the t6kos 
sViSe'iccTos is equal to the tVi TreVTe u@0X.0is : 



FENUS. 

the tokos (ir6ySoos =the eV! opaxny nearly. 
_ „ icpfKTos = „ eV* oktw 6€o\6is „ 
w „ e'iriVe/*irTos= „ eV eVve'o o§o\o« „ 
„ „ iirWpnof = „ «7r! tpio"1 5pax,ua<j „ 

These nearly corresponding expressions are not 
to be considered as identical, however closely the 
rates indicated by them may approach each other 
in value ; although in the age of Justinian, as 
Salmasius (de M. If.) observes, the t6kos iirAySoos 
or 12y per cent wa3 confounded with the cea- j 
tesimae, which is exactly equal to the interest at a 
drachma or 12 per cent. 

The rates, above explained, frequently occur in 
the orators ; the lowest in ordinary use at Athens 
being the t6kos huShanros or 10 per cent., the 
highest the tokos hdrpvros or 33J- per cent The ; 
latter, however, was chiefly confined to cases of 
bottomry, and denotes more than it appears to do, I 
as the time of a ship's voyage was generally less 1 
than a year. Its near equivalent, the M rpia\ 
Zpaxnais or 36 per cent, was sometimes exacted 
by bankera at Athens. (Lys. Frag. B.) The 
iit\ Spaxny, or rate of 12 per cent., was common 
in the time of Demosthenes (c. Aph. p. 820. 16), 
but appears to have been thought low. The interest 
of eight oboli or 16 per cent occurs in that orator 
(c. Nicos. p. 1250. 18) ; and even in the age of 
Lysias (b. c. 440) and Isaeus (a c. 400), nine 
oboli for the mina, or 18 per cent, appears to have 
been a common rate. (Isaeus, de Hagn. J/ered. 
p. 293.) Aeschines also (c. Timarc/i. p. 15) speaks , 
of money being borrowed on the same terms ; so 
that on the whole we may conclude, that the usual . 
rates of interest at Athens about the time of De- 
mosthenes varied from 12 to 18 percent. That 
they were nearly the same in range, and similarly 
expressed, throughout the rest of Greece, ap- 
pears from the authorities quoted by Bbckh. No 
conclusions on the subject of the general rate of 
interest can be drawn from what we are told of 
the exorbitant rates exacted by common usurers 
(roxoyXvipoi, torulliones, 7)/iepo5av«i(7Toi'). Some 
of these (Theophr. (haract. 6) exacted as much as 
an obolus and a half per day for each drachma ; 
and money lenders and bankers in general, from 
the high profits which they realised, and the se- 
verity with which they exacted their dues, seem 
to have been as unpopular amongst their fellow- 
citizens as Jews and usurers in more modern 
times. Demosthenes (c. Pant. p. 081), indeed, 
intimates that the fact of a man being a money- 
lender was enough to prejudice him, even in a 
court of law, amongst the Athenians. (MieroC- 
atv ol 'hOinvaioi tous Savti^uirras.) It is curious 
also to observe that Aristotle (/'ol. i. 3. >; 23) 
objects, on principle, to putting money out at 
interest (ttiKoyunara luatircu y iiSuKoaraTiKT]), 
as being a perversion of it from its proper use, as 
a medium of exchange, to an unnatural purpose, 
viz. the reproduction or increase of itself ; whence, 
he adds, comes the name of interest or t<5kos, as 
being the offspring (to ytyy6fi(vot>) of a parent 
like itself. 

The arrangement of a loan would of course de- 
pend upon the relation between the borrower and 
the lender, and the confidence placed by one in the 
other. Sometimes money was lent, e. g. by the 
banker 1'asinn at Athens, without n security, »r 
written bond, or witnesses. (Dem. c. Timolh. 
p. 1185.) Hut generally either a simple acknow- 
ledgment (x"p^yp<"poy ) was given by the bor- 



FENUS. 525 
rower to the lender [Chirographcm] ; or a 
regular instrument (crvyypa<pTi), executed by both 
parties and attested by witnesses, was deposited 
wih a third party, usually a banker. (Dem. c. 
Lacr. p. 927, c. Phorm. p. "908. 22.) Witnesses, 
as we might expect, were also present at the pay- 
ment of the money borrowed. (Id. c. P/iorm. p. 91 5. 
27.) The security for a loan was cither a viroBriKTi 
or an evex v P *' '■ the latter was put into the pos- 
session of the lender, the former was merely assured 
to him, and generally, though not always, con- 
sisted of real or immovable property. The eVe- 
X"P«, on the contrary, generally consisted of 
movable property, such as goods or slaves. 
(Biickh, Ibid. p. 128.) At Athens, when land 
was given as security, or mortgaged (ovaia inri- 
Xpfs), pillars (bpoi or o-r^Kai) were set upon 
it, with the debt and the mortgagee's name in- 
scribed. Hence an unincumbered estate was 
called an timiK-rov x u P l0V - (Harpocrat. s. v.) 
In the rest of Greece there were public books of 
debt, like the German and Scotch registers of 
mortgages ; but they are not mentioned as having 
existed at Athens. 

Bottomry (to yavrucoV, tokoi vavriKol, or 
f kSoois) was considered a matter of so much im- 
portance at Athens, that fraud or breach of contract 
in transactions connected with it was sometimes 
punished with death. (Dem. c. Phorm. p. 922. 3.) 
In these cases the loans were generally made upon 
the cargo shipped, sometimes on the vessel itself, 
and sometimes on the money received or due for 
passengers and freightage (M t£ vav\<p). The 
principal (eKooois, oiovt'i f£&> 5oVis, Harpocrat.) as 
well as the interest, could only be recovered in case 
the ship met with no disaster in her voyage (<rco- 
6e lo-nsTrjs yews, Dem. c. Zenoth. p. 883. 1 0) ; a clause 
to this effect being generally inserted in all agree- 
ments of bottomry or vavriKoX avyypatpat. The 
additional risk incurred in loans of this description 
was compensated for by a high rate of interest, 
and the lenders took every precaution against 
negligence or deception on the part of the bor- 
rowers ; the latter also were careful to have wit- 
nesses present when the cargo was put on board, 
for the purpose of deposing, if necessary, to a 
bona fide shipping of the required amount of goods. 
(Dem. c. Phorm. p. 915. 13). The loan itself 
was either a havturp.0. irtpdnkovv, i. e. for a voyage 
out, or it was a Savtia/ia ifuporfpo-nkovv, i. e. for 
a voyage out and home. In the former case the 
principal and interest were paid at the place of 
destination, either to the creditor himself, if he 
sailed in the shin, or to an authorised agent. ( Dem. 
c. Phorm. p. 909. 24, and p. 914. 28.) In the 
latter case the payment was made on the return of 
the ship, and it was specially provided in the 
agreement between the contracting parties, that 
she should sail to pome specified places only. A 
deviation from the terms of the agreement, in this 
I or other respects, was, according to a clause usually 
inserted in the agreement, punishable by a fine of 
twice the amount of the money lent (Dem. r. 
Dionyt. p. 1294.) Moreover, if the goods which 
formed the original security were sold, fresh 
articles of the same value were to be shipped in 
their place. (Dem. r. Phorm. p. 909. 26.) Some- 
times also the trader (A fpnopot) was himself the 
Owner of the venue! ( 6 yaiiKk-npoi ), which in that 
case might serve ns a security for the money bor- 
rowed. (Id. c DUmp. p. 1284. 11.) 



526 



FENUS. 



FENUS. 



The rate of interest would of course vary with 
the risks and duration of the voyage, and therefore 
we cannot expect to find that it was at all fixed. 
Xenophon (de Vectig. iii. 7 — -14) speaks of the fifth 
and third parts of the capital lent as being com- 
monly given in bottomry, referring of course to 
voyages out and home. The interest of an eighth 
or 12-§- per cent., mentioned by Demosthenes (c. 
Polycl. p. 1212), was for money lent on a trireme, 
during a passage from Sestos to Athens, but upon 
condition that she should first go to Hierum to 
convoy vessels laden with corn ; the principal and 
interest were to be paid at Athens on her arrival 
there. 

The best illustration of the facts mentioned 
above, is found in a vomtikt} avyypcHp-q, given in 
the speech of Demosthenes against Lacritus. It 
contains the following statement and conditions. 

Two Athenians lent two Phaselitans 3000 
drachmae upon a cargo of 3000 casks of Mendean 
wine, on which the latter were not to owe anything 
else, or raise any additional loan (ov5' ciriSaveiffov- 
Tai). They were to sail from Athens to Mende or 
Scione, where the wine was to be shipped, and 
thence to the Bosporus, with liberty, if they pre- 
ferred it, to continue their voyage on the left side 
of the Black Sea as far as the Borysthenes, and 
then to return to Athens ; the rate of interest 
being fixed at 225 drachmae in 1000, or 25 per 
cent, for the whole time of absence. If, however, 
they did not return to Hierum, a port in Bithynia 
close to the Thracian Bosporus (Wolf, ad Lept. p. 
259), before the early rising of Arcturus, i. e. be- 
fore the 20th of September or thereabouts, when 
navigation began to be dangerous, they had to pay 
a higher rate of 30 per cent, on account of the ad- 
ditional risk. The agreement further specified 
that there should be no change of vessel fur the 
return cargo, and that if it arrived safe at Athens, 
the loan was to be repaid within twenty days 
afterwards, without any deductions except for loss 
by payments made to enemies, and for jettisons 
(ivrtAes irAV &K§d\fjs. k. t. K.) made with the 
consent of all on board (ol (Xv/mttAol) • that till the 
money was repaid, the goods pledged (to vtto- 
ndfieva) should be under the control of the 
lenders, and be sold by them, if payment was not 
made within the appointed time ; that if the sale 
of the goods did not realise the required amount, 
the lender might raise the remainder by making a 
levy (irpa^ts) upon the property of both or either 
of the traders, just as if they had been cast in a 
suit, and became virep^fxepoi, i. e. had not complied 
with a judgment given against them within the 
time appointed. Another clause in the agreement 
provides for the contingency of their not entering 
the Pontus ; in that case they were to remain in 
the Hellespont, at the end of July, for ten days 
after the early rising of the dog-star (eiri kvv'i), 
discharge their cargo (e£eAe(T0ai) in some place 
where the Athenians had no right of reprisals 
('6ttov av /XT] av\ai Siai tois ' Afojvai'ois), (which 
might be executed unfairly, and would lead to 
retaliations,) and then, on their return to Athens, 
they were to pay the lower rate of interest, or 25 
per cent. Lastly, if the vessel were to be wrecked, 
the cargo was, if possible, to be saved ; and the 
agreement was to be conclusive on all points. 

From the preceding investigation, it appears that 
the rate of interest amongst the ancient Greeks was 
higher than in modern Europe, and at Rome in the 



age of Cicero. This high rate does not appear to 
have been caused by any scarcity of money, for the 
rent of land and houses in Athens and its neigh- 
bourhood was not at all proportional to it. Thus 
Isaeus {de Hagn. Hered. p. 88) says that a house 
at Thriae was let for only 8 per cent, of its value, 
and some houses at Melite and Eleusis for a frac- 
tion more. We should therefore rather refer it to 
a low state of credit, occasioned by a variety of 
causes, such as the division of Greece into a number 
of petty states, and the constitution and regulation 
of the courts of law, which do not seem to have been 
at all favourable to money-lenders in enforcing their 
rights. Bdckh assigns as an additional cause " the 
want of moral principles." (Bb'ckh, Ibid. pp. 123 
—139, 2nd ed,) 

2. Roman. The Latin word for interest, fenus 
or foams, originally meant any increase, and was 
thence applied, like the Greek t6kos, to denote the 
interest or increase of money. " Fenus," says 
Varro (apud Gell. xvi. 12), " dictum a fetu et quasi 
a fetura quadam pecuniae parientis atque incres- 
centis." The same root is found in fecundus. 
Fenus was also used for the principal as well as the 
interest. (Tacit. Ann. vi. 17, xiv. 53.) Another 
term for interest was usurae, generally found in 
the plural, and also impendium, on which Varro 
(de Ling. Lat. v. 183, M tiller) remarks, "a quo 
(pondere) usura quod in sorte accedebat, impen- 
dium appellatum." 

Towards the close of the republic, the interest 
of money became due on the first of every mouth : 
hence the phrases tristes or celeres cakndae and 
calendarium, the latter meaning a debt-book or book 
of accounts. The rate of interest was expressed in 
the time of Cicero, and afterwards by means of the 
as and its divisions, according to the following 
table : — 

Asses usurae, or one as per month 



for the use of one hundred =12 per cent. 

Deunces usurae 11 „ 

Dextantes „ 10 „ 

Dodrantes „ 9 „ 

Besses „ 8 „ 

Septunces „ 7 „ 

Semisses „ 6 „ 

Quincunces „.."... 5 „ 

Trientes ' ., 4 „ 

Quadrantes „ 3 „ 

Sextantes „ 2 „ 

Unciae „ 1 „ 



Instead of the phrase asses usurae, a synonyme 
was used, viz. centesimae usurae, inasmuch as at 
this rate of interest there was paid in a hundred 
months a sum equal to the whole principal. Hence 
binae centesimae = 24 per cent., and quaternae 
centesimae — 48 per cent. So also in the line of 
Horace (Sat. i. 2. 14), " Quinas hie capiti mercedes 
exsecat," we must understand quinas centesimas, 
or 60 per cent, as the sum taken from the capital. 
Niebuhr (Hist, of Horn. vol. iii. p. 57) is of opinion 
that the monthly rate of the centesimae was of 
foreign origin, and first adopted at Rome in the 
time of Sulla. The old yearly rate established by 
the Twelve Tables (b. c. 450) was the unciurium 
fenus. This has been variously interpreted to 
mean, (1) one-twelfth of the centesima paid 
monthly, i. e. one per cent, per annum ; and (2) 
one-twelfth of the principal paid monthly, or a 
hundred per cent, per annum. Niebuhr (I. c.) re- 



FENUS. 



FEN US. 



527 



futes at length the two opinions ; but it may be 
sufficient to observe that one is inconsistent with 
common sense, and the other with the early history 
of the republic. A third and satisfactory opinion 
is as follows : — The uncia was the twelfth part of 
the as, and since the full (12 oz.) copper coinage 
was still in use at Rome when the Twelve Tables 
became law, the phrase unciarium fenus would be 
a natural expression for interest of one ounce in 
the pound ; i. e. a twelfth part of the sum bor- 
rowed, or 84y per cent., not per month, but per year. 
This rate, if calculated for the old Roman year of 
ten months, would give 10 per cent for the civil 
year of twelve months, which was in common use 
in the time of the decemvirs. The analogy of the 
Greek terms TdVor, iir'npiTos, Sec, confirms this 
view, which, as Niebuhr observes, is not invalidated 
by the admission, that it supposes a yearly and not 
a monthly payment of interest ; for though in the 
later times of the republic interest became due 
every month, there is no trace of this having been 
the case formerly. (Rein, liomische Privatrecht, 
p. 304.) Nor is it difficult to account for the 
change : it probably was connected with the modi- 
fications made from time to time in the Roman 
law of debtor and creditor (such as the abolition of 
personal slavery for debt), the natural effect of 
which would be to make creditors more scrupulous 
in lending money, and more vigilant in exacting 
the interest due upon it. 

If a debtor could not pay the principal and in- 
terest at the end of the year, he used to borrow 
money from a fresh creditor, to pay off his old 
debt. This proceeding was very frequent, and 
called a versura (compare Ter. Pltorm. v. 2. 1 6), 
a word which Festus (s. v.) thus explains: " Versu- 
ram facerc, mutuam pecuniam sumcre, ex co dic- 
tum est, quod initio qui mutuabantur ab aliis, ut 
aliis solvercnt, velut vcrterent crcditorem.'' It 
amounted to little short of paying compound in- 
terest, or an Anatocismus anniversarius, another 
phrase for which was usurae renovalae ; e.g. cen- 
tesimae renotalae is twelve per cent, compound 
interest, to which Cicero (ad Alt. v. 21) opposes 
centisimae perpetuo fenore = 12 per cent, simple 
interest. The following phrases are of common 
occurrence in connection with borrowing and lend- 
ing money at interest : — Pecuniam ajiwl a/ii/uem 
aMocare, to lend money at interest ; relcyere, to 
call it in again ; cavere, to give security for it ; 
opponere or o/rjHmere pignori, to give as a pledge or 
mortgage: hence the pun in Catullus (Car. 20), 

" Furi, villula nostra non ad Austri 
Flatus opposita est, nec ad Favoni : 
Verum ad millia quindecim ct ducentos. 
O ventum horribilem atque pcstilentein." 

The word nomen is also of extensive use in money 
transactions, Properly it denoted the name of a 
debtor, registered in a banker's or any other ac- 
count-book ; hence it came to signify the articles 
of an account, a debtor, or a debt itself. Thus we 
have bonum nomen, a good debt : nomina farere, 
to lend monies (Cic. ail /■'am. vii. 2:!), and also to 
borrow money (Id. de.<)Jf. iii. 14). Moreover, the 
Romans generally discharged debts through the 
agency of a banker (in faro el de mensae icri/itura) 
rather than by a direct personal payment (ar area 
domoque) ■ and as an order or undertaking for pay- 
ment was given by writing down the sum to be 
paid, with the receiver's name underneath or along- 



side it (see Dem. c. Callip. p. 1236), hence came 
the phrases scribere nummos alicui, to promise to 
pay (Plaut. Asm. iL 4. 34) ; rescribere, to pay back, 
of a debtor (Ter. P/iorm. v. 7. 29). So also per- 
scribere, to give a bill or draft (perscriptio) on a 
banker for payment, in opposition to payment by 
ready money. (Cic. ad Att. xii. 51, xvi. 2.) 

The Roman law of debtor and creditor is given 
under Nbxuh. It is sufficient to remark here that 
the Licinian laws [Leges Licixiae], by which 
the grievances of debtors were to a certain extent 
redressed, did not lay any restriction on the rate of 
interest that might be legally demanded ; and it is 
clear from various circumstances that the scarcity of 
money at Rome after the taking of the city by the 
Gauls had cither led to the actual abolition of the 
old uncial rate (unciarum J'enus) of the Twelve 
Tables, or caused it to fall into disuse. Nine years, 
however, after the passing of these laws (Liv. viL 
16) the rate of the Twelve Tables was re-es- 
tablished, and any higher rate prohibited by the 
bill (rogalio) of the tribunes Duilius and Maenius. 
Still this limitation of the rate of interest did not 
enable debtors to pay the principal, and what Tacitus 
(Ann. vi. 16) calls the fenebre malum became at last 
so serious that the government thought it necessary 
to interfere, and remedy, if possible, an evil so great 
and inveterate. Accordingly, fourteen years after 
the passing of the Licinian laws, five commissioners 
were appointed for this purpose under the title of 
mensarii or bankers. These opened their banks in 
the forum, and in the name of the treasury offered 
ready money to any debtor who could give security 
(cavere) to the state for it : moreover, they ordered 
that land and cattle should be received in payment 
of debts at a fair valuation, a regulation which 
Caesar adopted for a similar purpose. (Suet. Jut. 
Caes. 42.) By these means Livy (vii. 21) tells 
us that a great amount of debt was satisfactorily 
liquidated. Five years afterwards, the legal rate 
of interest was still further lowered to the semiin- 
ciarium J'enus, or the twenty-fourth part of the 
whole sum (ad scmuncias redacta usura, Tac. Ann. 

vi. 16) ; and in B.C. 346 we read of several usurers 
being punished for a violation of the law (Liv. vii. 
28), by which they were subjected to a penalty of 
four times the amount of the loan. (Cato, de He 
Rust, init.) Hut all these enactments were merely 
palliative! ; the termination and cure of the evil 
was something more decisive — neither more nor 
less than a species of national bankruptcy — a 
general abolition of debts or \P ( <•"' ajroKowT). This 
happened in B. c. 341, a year remarkable for po- 
litical changes of great importance, and was fol- 
lowed up by the passing of the Gcnucian laws, 
which forbade the taking of usury altogether. (Liv. 

vii. 42.) A law like this, however, was sure to bo 
evaded, and there was a very simple way of doing 
so ; it only affected Roman citizens, and therefore 
the usurers granted loans, not in the name of them- 
selves, but of the Latins and allies who were not 
bound by it. (Liv. xxxv. 7.) To prevent this eva- 
sion the Sempronian law was passed (h. c. 194), 
which placed the Latins and allies on the same 
footing in respect of lending money as the full 
Roman citizens. At last, nfter many futile at- 
tempts to prevent the exaction of interest nt any 
rate, and in any shape, the idea was abandoned 
altogether, and the centesima or 12 pa cent per 
annum beenmc the legnl and recognised rate. 

I Niebuhr, as wc have already observed, is of Dpi- 



528 



FERIAE. 



FERIAE. 



nion that it was first adopted at Rome in the time 
of Sulla ; but whether it became the legal rate by 
any special enactment, or from general consent, does 
not appear. Some writers have inferred (Heinecc. 
iii. 15) that it was first legalised by the edicts of 
the city praetors, an inference drawn from the 
general resemblance between the praetorian and 
proconsular edicts, coupled with the fact that some 
proconsular edicts are extant, by which the cente- 
sima is fixed as the legal rate in proconsular pro- 
vinces. {In edicto tralaticio centesimas me obser- 
vuturum habui, Cic. ad Att. v. 21.) Whether this 
supposition is true or not, it is admitted that the 
centesima or 12 per cent, was the legal rate towards 
the close of the republic, and also under the em- 
perors. Justinian reduced it to 6 per cent. (Heinec. 
iii. 16.) 

In cases of fenus nauticum, however, or bottomry, 
as the risk was the money lender's, he might de- 
mand any interest he liked while the vessel on 
which the money was lent was at sea ; but after she 
reached harbour, and while she was there, no more 
than the usual rate of 12 per cent, on the centesima 
could be demanded. 

Justinian made it the legal rate for fenus nauti- 
cum under all circumstances. (Heinec. I. c.) [R.W.] 

FERA'LIA. [Funus.] 

FE'RCULUM (from fer-o), is applied to any 
kind of tray or platform used for carrying anything. 
Thus it is used to signify the tray or frame on which 
several dishes were brought in at once at dinner 
(Petron. 35 ; Plin. //. N. xxviii. 2) ; and hence 
fercula came to mean the number of courses at 
dinner, and even the dishes themselves. (Suet. 
Aug. 74 ; Serv. ad Virg. Aen. i. 637 ; Juv. i. 93, 
xi. 64 ; Hor. Sat. ii. 6. 104 ; Mart. iii. 50, ix. 82, 
xi. 31.) 

The ferculum was also used for carrying the 
images of the gods in the procession of the circus 
(Suet. Jul. 76) [Circus, p. 287, a], the ashes of 
the dead in a funeral (Suet. Gil. 15), and the spoils 
in a triumph (Suet. Jul. 37 ; Liv. i. 10) ; in all 
which cases it appears to have been carried on the 
shoulders or in the hands of men. The most illus- 
trious captives were sometimes placed on a fer- 
culum in a triumph, in order that they might be 
better seen. (Senec. Here. Oct. 109.) 

FERENTA'RII. [Exercitus, p.502,b.] 

FERETRUM. [Funus.] 

FE'RIAE, holidays, were, generally speaking, 
days, or seasons during which free-born Romans 
suspended their political transactions and their 
law-suits, and during which slaves enjoyed a cessa- 
tion from labour. (Cic. de Leg. ii. 8. 12, de Din. 
i. 45.) All feriae were thus dies nefasti. The 
feriae included all days consecrated to any deity ; 
consequently all days on which public festivals 
were celebrated were feriae or dies feriati. But 
some of them, such as the feria vindemialis, and 
the feriae aestivae, seem to have had no direct con- 
nection with the worship of the gods. The nun- 
dinae, however, during the time of the kings and 
the early period of the republic, were feriae only 
for the populus, and days of business for the ple- 
beians, until, by the Hortensian law, they became 
fasti or days of business for both orders. (Macrob. 
Sat. i. 16; compare Niebuhr, Hist, of Rome, vol. ii. 
p. 213, &c. ; Walter, Geschichte d. Rom. Reclds, 
p. 190.) 

All feriae were divided into two classes, feriae 
publicae and feriae privatae. The latter were only 



observed by single families or individuals, in com- 
memoration of some particular event which had 
been of importance to them or their ancestors. As 
family feriae, are mentioned the feriae Claudiae, 
Aemiliae, Juliae, Corneliae, &c, and we must sup- 
pose that all the great Roman families had their 
particular feriae, as they had their private sacra. 
Among the family-holidays we may also mention 
the feriae denicales, i. e. the day on which a famity, 
after having lost one of its members by death, 
underwent a purification. (Fest. s. v. ; Cic. de 
Leg. ii. 22 ; Columell. ii. 22.) Individuals kept 
feriae on their birthdays, and other occasions which 
marked any memorable event of their lives. During 
the time of the empire the birthday of an emperor 
sometimes assumed the character of a public holiday, 
and was celebrated by the whole nation with games 
and sacrifices. Thus the birthday of Augustus, 
called Augustalia, was celebrated with great splen- 
dour even in the time of Dion Cassius (liv. 34, 
Ivi. 46). The day on which Augustus had re- 
turned from his wars was likewise for a long time 
made a holiday of. (Tacit. Annal. i. 15, with the 
note of Lipsius ; Dion Cass. liv. 10.) The dies 
natalicii of the cities of Rome and Constantinople 
were at a still later period likewise reckoned among 
the feriae. (Cod. 3. tit. 12. s. 6.) 

All feriae publicae, i. e. those which were ob- 
served by the whole nation, were divided into 
feriae stativae, feriae eonceptivae, and feriae impera- 
tivae. Feriae stativae or statae were those which 
were held regularly, and on certain days marked 
in the calendar. (Fest. s. v. ; Macrob. I. c.) To 
these belonged some of the great festivals, such as 
the Agonalia, Carmentalia, Lupercalia, &c. Feriae 
eonceptivae or conceptae were held every year, but 
not on certain or fixed days, the time being every 
year appointed by the magistrates or priests (quot- 
annis a magistratibus vel sacerdotibus concipiuntur, 
Macrob. I. c. ; Varro, de Ling. Lat. vi. 25, &c. ; 
Fest. s. v.). Among these we may mention the 
feriae Latinae, feriae Sementivae, Paganalia, and 
Compitalia. Feriae imperativae are those which 
were held on certain emergencies at the command 
of the consuls, praetors, or of a dictator. The books 
of Livy record many feriae imperativae, which 
were chiefly held in order to avert the dangers 
which some extraordinary prodigy seemed to fore- 
bode, but also after great victories. (Liv. i. 31, 
iii. 5, vii. 28, xxxv. 40, xlii. 3 ; Polyb. xxi. 1.) 
They frequently lasted for several days, the number 
of which depended upon the importance of the 
event which was the cause of their celebration. 
But whenever a rain of stones was believed to have 
happened, the anger of the gods was appeased by 
a sacrum novemdiale, or feriae per novum dies. 
This number of days had been fixed at the time 
when this prodigy had first been observed. (Liv. 
i. 31.) Respecting the legitimate forms in which 
the feriae eonceptivae and imperativae were an- 
nounced and appointed, see Brisson. de Form. p. 
107, &c. 

The manner in which all public feriae were kept 
bears great analogy to our Sunday. The people 
generally visited the temples of the gods, and 
offered up their prayers and sacrifices. The most 
serious and solemn seem to have been the feriae 
imperativae, but all the others were generally at- 
tended by rejoicings and feasting. All kinds of 
business, especially law-suits, were suspended dur- 
ing the public feriae, as they were considered to 



FERIAE. 



FERIAE. 



529 



pollute the sacred season ; the rex sacrorura and 
the flamines were not even allowed to behold any 
work being done during the feriae ; hence, when 
they went out, they were preceded by their heralds 
(praeciae, praeclamitatores, or calatores), who en- 
joined the people to abstain from working, that the 
sanctity of the day might not be polluted by the 
priests seeing persons at work. (Fest. s. v. Praecia; 
Macrob. 1. c. ; compare Serv. ad Virg. Georg. v. 
268 ; Pint. Numa, c. 14.) Those who neglected 
this admonition were not only liable to a fine, but 
in case their disobedience was intentional, their 
crime was considered to be beyond the power of 
any atonement ; whereas those who had unconsci- 
ously continued their work, might atone for their 
transgression by offering a pig. It s<?ems that 
doubts as to what kinds of work might be done at 
public feriae were not unfrcquent. and we possess 
some curious and interesting decisions given by 
Roman pontiffs on this subject One Umbro de- 
clared it to be no violation of the feriae, if a person 
did such work as had reference to the gods, or was 
connected with the offering of sacrifices ; all work, 
he moreover declared, was allowed which was ne- 
cessary to supply the urgent wants of human life. 
The pontiff Scaevola, when asked what kind of 
work might be done on a die9 feriatus, answered 
that any work might be done, if any suffering or 
injury should be the result of neglect or delay, e.g. 
if an ox should fall into a pit, the owner might 
employ workmen to lift it out ; or if a house 
threatened to fall down, the inhabitants might take 
such measures as would prevent its falling, without 
polluting the feriae. (Macrob. /. c. and iii. 3 ; 
Virg. Georg. i. 270, with the remarks of J. H.Voss; 
Cato, de He Rust. 2 ; Columella, ii. 22 ; compare 
Math. xii. 11 ; Luke xiv. 5.) Respecting the va- 
rious kinds of legal affairs which might be brought 
before the praetor on davs o public feriae, sec 
Digest. 2. tit. 12. s. 2. 

It seems to have been owing to the immense in- 
crease of the Roman republic and of the accumula- 
tion of business arising therefrom, that some of the 
feriae such as the Compitalia and Lupercalia, in 
the course of time ceased to be observed, until they 
were restored by Augustus, who revived many of 
the ancient religious rites and ceremonies. (Suet. 
Aug. 31.) Marcus Antoninus again increased the 
number of days of business (dies fasti) to 230, and 
the remaining days were feriae. (Capitol. M. Anion. 
FUL c. 10.) After the introduction of Christi- 
anity in the Roman empire, the old feriae were 
abolished, and the Sabbath, together with the 
Christian festivals, were substituted ; but the man- 
ner in which they were kept was nearly the same 
as that in which the feriae had been observed, 
lawsuits were accordingly illegal on Sundays and 
holidays, though a master might emancipate his 
slave 'if he liked. (Cod. 3. tit. 1 2.) All work 
ami all political as well as judicial proceedings, 
were suspended ; but the country people were al- 
lowed freely and unrestrainedly to apply them- 
selves to their agricultural labours, which seem at 
all times to have been distinguished from and 
thought superior to nil other kinds of work ; for, as 
mentioned below, certain feriae were instituted 
merely for the purpose of enabling the country 
people to follow their rural occupations without 
being interrupted by law-suits and other public 
transactions. 

After this general view of the Roman feriae, wc 



shall proceed to give a short account of those festi- 
vals and holidays which were designated *by the 
name of feriae. 

Feriae Latinae, or simply Latinae (the original 
name was Latiar, Macrob. /. c. ; Cic. ad Quint. 
Frat. ii. 4), had, according to the Roman legends, 
been instituted by the last Tarquin in commemo- 
ration of the alliance between the Romans and 
Latins. (Dionys. Hal. iv. p. 250. Sylb.) But 
Niebuhr {Hist, of Rome, ii. p. 34) has shown that 
the festival, which was originally a panegvris of 
the Latins, is of much higher antiquity ; for we 
find it stated that the towns of the Priscans and 
Latins received their shares of the sacrifice on the 
Alban mount — which was the place of its celebration 
— along with the Albans and the thirty towns of 
the Alban commonwealth. All that the last 
Tarquin did was to convert the original Latin 
festival into a Roman one, and to make it the 
means of hallowing and cementing the alliance 
between the two nations. Before the union, the 
chief magistrate of the Latins had presided at the 
festival ; but Tarquin now assumed this distinc- 
tion, which subsequently, after the destruction of 
the Latin commonwealth, remained with the chief 
magistrates of Rome. (Liv. v. 17.) The object 
of this panegvris on the Alban mount was the 
worship of Jupiter Latiaris, and, at least as long 
as the Latin republic existed, to deliberate and 
decide on matters of the confederacy, and to settle 
any disputes which might have arisen among its 
members. As the feriae Latinae belonged to the 
conceptivae, the time of their celebration greatly 
depended on the state of affairs at Rome, as the 
consuls were never allowed to take the field until 
they had held the Latinae. (Liv. xxi. 63, xxii. 1, 
xxv. 12.) This festival was a great engine in the 
hands of the magistrates, who had to appoint the 
time of its celebration (concipere, edicere, or indicere 
Latinos); as it might often suit their purpose 
either to hold the festival at a particular time or 
to delay it, in order to prevent or delay such pub- 
lic proceedings as seemed injurious and pernicious, 
and to promote others to which they were favour- 
ably disposed. This feature, however, the feriae 
Latinae had in common with all other feriae con- 
ceptivae. Whenever any of the forms or cere- 
monies customary at the Latinae had been neglected, 
the consuls had the right to propose to the senate, 
or the college of pontiffs, that their celebration 
should be repeated (instaurari, Cic. ad Quint. 
Frat. ii. 6 ; Liv. xxii. 1, xli. 16). Respecting 
the duration of the feriae Latinae, the comm6n 
opinion formerly was, that at first they only lasted 
for one day, to which subsequently a second, a 
third, and a fourth were added (Dionys. Hal. vi. 
p. 415. Sylb.) ; but it is clear that this suppo- 
sition was founded on a confusion of the feriae 
Latinae with the Ludi Maximi, and that they 
Listed for six days ; one for each decury of the 
Alban and Latin towns. (Niebuhr, Hist, of Rome, 
ii. p. 35 ; comp. Liv. vi. 42 ; Pint. ('ami//. 12.) 
The festive season was attended by a s.n-red truce, 
and no battle was allowed to be fought during thoso 
days. (Dionys. Hal. iv. p. 250, Sylb. ; Macrob. 
/. c.) In early times, during the alliance of the 
Romans and Latins, the chief magistrates of both 
nations met on the Alban mount, and conducted 
the solemnities, nt which the Romans, however, 
had the presidency. Hut afterwards the Romnns 
alone conducted the celebration, and offered the 

M M 



£30 FESCENNINA. 



FETIALES. 



common sacrifice of an ox to Jupiter Latiaris, in 
the nathe and on behalf of all who took part in it. 
The flesh of the victim was distributed among the 
several towns whose common sanctuary stood on 
the Alban mount. (Dionys. Hal. I. c. ; Varro, de 
Ling. Lat. vi. 25 ; Schol. Bobiens. in Cic. Orat. 
pro Plane, p. 255, &c. Orelli.) Besides the com- 
mon sacrifice of an ox, the several towns offered 
each separately lambs, cheeses, or a certain quan- 
tity of milk (Cic. de Div. i. 11), or cakes. Mul- 
titudes flocked to the Alban mount on the occasion, 
and the season was one of great rejoicings and 
feasting. Various kinds of games were not want- 
ing, among which may be mentioned the oscillatio 
(swinging, Fest. s. v. Oscilhim). It was a sym- 
bolic game, and the legend respecting its origin 
shows that it was derived from the Latins. Pliny 
(H. N. xxvii. 2) mentions that during the Latin 
holidays a race of four-horse chariots (quadrigae 
certant) took place on the Capitol, in which the 
victor received a draught of absynthium. 

Although the Roman consuls were always pre- 
sent on the Alban mount, and conducted the 
solemn sacrifice of an ox, yet we read that the 
superintendence of the Latinae, like that of other 
festivals, was given by the senate to the Aediles, 
who, therefore, probably conducted the minor sa- 
crifices, the various games, and other selemnities 
(Dionys. Hal. vi. p. 415.) While the consuls were 
engaged on the Alban mount, their place at Rome 
was filled by the praefectus urbi. [Praefectus 
Urbi.] 

The two days following the celebration of the 
Latin holidays were considered as dies religiosi, so 
that no marriages could be contracted. (Cic. ad 
Quint. Frat. ii. 4.) From Dion Cassius we see 
that in his times the Feriae Latinae were still 
strictly observed by the Romans, whereas the 
Latin towns had, at the time of Cicero, almost en- 
tirely given up taking any part in them. The 
Romans seemed to have continued to keep them 
down to the fourth century of our era. (Lactant. 
Institut. i. 21.) 

Feriae Sementivae, or Sementina dies, was kept 
in seed-time for the purpose of praying for a good 
crop ; it lasted only for one day, which was fixed 
by the pontiffs. (Varro, de Ling. Lat. vi. 26, 
de Re Rust. i. 2, init. ; Ovid, Fast. i. 658, &c.) 

Feria vindemialis lasted from the 22d of August 
to the 15th of October, and was instituted for the 
purpose of enabling the country-people to get in 
the fruits of the field and to hold the vintage. 
(Codex, 3. tit. 12.) 

Feriae aestivae were holidays kept during the 
hottest season of summer, when many of the weal- 
thier Romans left the city and went into the 
country. (Gellius, ix. 15. § 1.) They seem to have 
been the same as the messis feria (Cod. 3. tit. 12. 
s. 2, 6), and lasted from the 24th of June till the 
1st of August. 

Feriae praecidaneae are said to have been pre- 
paratory days, or such as preceded the ordinary 
feriae ; although they did not belong to the feriae, 
and often even were dies atri, they were on certain 
occasions inaugurated by the chief pontiff, and thus 
made feriae. (Gellius, iv. 6.) [L. S.] 

FESCENNI'NA, scil. carmina, one of the 
earliest kinds of Italian poetry, which consisted of 
rude and jocose verses, or rather dialogues in ex- 
tempore verses (Liv. vii. 2), in which the merry 
country folks assailed and ridiculed one another. 



(Horat. Epist. ii. 1. 145.) This amusement seems 
originally to have been peculiar to country people, 
but it was also introduced into the towns of Italy 
and at Rome, where we find it mentioned as one 
of those in which young people indulged at wed- 
dings. (Serv. ad Aen. vii. 695 ; Seneca, Controv. 
21 ; Plin. H. N. xv. 22.) The fescennina were 
one of the popular amusements at various festivals, 
and on many other occasions, but especially after 
the harvest was over. After their introduction 
into the towns they seem to have lost much of 
their original rustic character, and to have been 
modified by the influence of Greek refinement (see 
Virg. Georg. ii. 385, &c. ; Tibull. ii. 1. 55 ; Catull. 
61. 27) ; they remained, however, in so far the 
same, as they were at all times irregular, and 
mostly extempore doggerel verses. Sometimes, 
however, versus fescennini were also written as 
satires upon persons. (Macrob. Saturn, ii. 4.) That 
these railleries had no malicious character, and 
were not intended to hurt or injure, may be in- 
ferred from the circumstance that one person often 
called upon another to answer and retort in a simi- 
lar strain. The fescennina are generally believed 
to have been introduced among the Romans from 
Etruria, and to have derived their name from Fes- 
cennia, a town of that country. But, in the first 
place, Fescennia was not an Etruscan but a Falis- 
can town (Niebuhr, Hist, of Rome, i. p. 136), and, 
in the second, this kind of amusement has at all 
times been, and is still, so popular in Italy, that it 
can scarcely be considered as peculiar to any par- 
ticular place. The derivation of a name of this 
kind from that of some particular place was for- 
merly a favourite custom, as may be seen in the 
derivation of caerimonia from Caere. Festus (s. v.) 
endeavours to solve the question by supposing fes- 
cennina to be derived from fascinum, either because 
they were thought to be a protection against sor- 
cerers and witches, or because fascinum (phallus), 
the symbol of fertility, had in early times, or in 
rural districts, been connected with the amusements 
of the fescennina. But whatever may be thought 
of this etymology, it is of importance not to be 
misled by the common opinion that the fescennina 
were of Etruscan origin. [L. S.] 

FESTI DIES. [Dies.] 

FESTU'CA. [Manumissio.] 

FETIA'LES, a college (Liv. xxxvi. 3) of Ro- 
man priests who acted as the guardians of the 
public faith. It was their province, when any 
dispute arose with a foreign state, to demand satis- 
faction, to determine the circumstances under 
which hostilities might be commenced, to perform 
the various religious rites attendant on the solemn 
declaration of war, and to preside at the formal 
ratification of peace. These functions are briefly 
but comprehensively defined by Varro (De IJng. 
Lat. v. 86, ed Miiller), " Fetiales. . . fidei publicae 
inter populos praeerant : nam per hos fiebat ut 
justum conciperetur bellum et inde desitum, ut 
foedere fides pacis constitueretur. Ex his mit- 
tebantur, antequam conciperetur, qui res repeterent, 
et per hos etiam nunc fit foedus," to which we 
may add the old law quoted by Cicero (De Leg. 

ii. 9), " FoEDERUM, PACIS, BELLI, INDUCIARUM 
ORATORES FETIALES JUDICESQUE SUNTO ; BELLA 

disceptanto." Dionysius (ii. 72) and Livy (i. 
32) detail at considerable length the ceremonies 
observed by the Romans in the earlier ages, when 
they felt themselves aggrieved by a neighbouring 



FETIALES. 



FIBULA. 



531 



people. It appears that when an injury had been 
sustained, four fetiales (Varro, ap. A'on.) were 
deputed to seek redress, who again elected one of 
their number to act as their representative. This 
individual was styled the pater patratus popvli 
Romani. A fillet of white wool was bound round 
his head, together with a wreath of sacred herbs 
gathered within the inclosure of the Capitoline hill 
(verbenae, sagmina) [Sagmina], whence he was 
sometimes named Vertenarius. (Plin. //. A r . xxii. 
2.) Thus equipped he proceeded to the confines 
of the offending tribe, where he halted and ad- 
dressed a prayer to Jupiter, calling the god to wit- 
ness, with heavy imprecations, that his complaints 
were well founded and his demands reasonable. 
He then crossed the border, and the same form 
was repeated in nearly the same words to the first 
native of the soil whom he might chance to meet ; 
again a third time to the sentinel or any citizen 
whom he encountered at the gate of the chief 
town ; and a fourth time to the magistrates in the 
forum in presence of the people. If a satisfactory 
answer was not returned within thirty days, after 
publicly delivering a solemn denunciation, — in which 
the gods celestial, terrestrial, and infernal were 
invoked, — of what might be expected to follow, he 
returned to Rome, and, accompanied by the rest 
of the fetiales, made a report of his mission to the 
senate. If the people ( Liv. x. 45), as well as the 
senate, decided for war, the pater patratus again 
set forth to the border of the hostile territory, and 
launched a spear tipped with iron, or charred at 
the extremity and smeared with blood (emblematic 
doubtless of fire and slaughter) across the boun- 
dary, pronouncing at the same time a solemn 
declaration of war. The demand for redress and 
the proclamation of hostilities were alike termed 
clarigatio, which word the Romans in Liter times 
explained by dure repetere (Plin. //. A r . xxii. 3 ; 
Scrv. ad Virg. Aen. ix. 53) ; but Guttling (G'e- 
tchichte der Horn. Staatsverf. p. 196) and other mo- 
dem writers, connect it with the Doric form of 
Kripvt and KTipVKftOV. 

Several of the formulae employed on these occa- 
sions have been preserved by Livy (i. 24,32), and 
Aulus Oellius (xvi. 4), forming a portion of the 
Jus petiole by which the college was regulated. 
The services of the fetiales were considered abso- 
lutely essential in concluding a treaty (Liv. ix. 5) ; 
and we read that at the termination of the second 
Punic war fetiales were sent over to Africa, who 
carried with them their own verbenae and their 
own flint atones for smiting the victim. Here also 
the chief was termed pater patratus. (Liv. xxx. 
43.) 

The institution of these priests was ascribed by 
tradition, in common with other matters con- 
nected with religion, to Numa (I)ionys. ii. 71) ; 
and although Livy (i. 32) speaks as if he attri- 
buted their introduction to Ancus Martius, yet in 
an earlier chapter (i. 24) he supposes them to have 
existed in the reign of II' The whole 

system is said to have been borrowed from the 
Acqtiicolae or the Ardeates (Liv. and Dionys. I.e.), 
and similar usages undoubti-dly prevailed among 
the Latin states ; for it is clear that the formula 
preserved by Livy (i. 32), must have been em- 
ployed when the pater patratus of the Romans was 
put in communication with the pater patratus of 
the I'risci Latini. 

The number of the fetiales cannot be ascertained 



with certainty, but some have inferred from a pas- 
sage quoted from Varro by Nonius (xiL 43) that 
it amounted to twenty ; of whom Niebuhr sup- 
poses ten were elected from the Ramnes and 
ten from the Titienses ; but Gottling (Gesdiie/tte der 
Rom. Staatsverf. p. 195) thinks it more probable 
that they were at first all chosen from the Ramnes, 
as the Sabines were originally unacquainted with 
the use of fetiales. They were originally selected 
from the most noble families ; their office lasted for 
life (Dionys. ii. 72) ; and it seems probable that 
vacancies were filled up by the college (cooptatione) 
until the passing of the Lex Domitia, when in com- 
mon with most other priests they would be nomi- 
nated in the comitia tributa. This, however, is 
nowhere expressly stated. 

The etymology of fetialis is uncertain. Varro 
would connect it with fidus and foedus ; Festus 
with ferio or facio : while some modern scholars 
suppose it to be allied to ipV/ti, and thus <p7)TiaA€is 
wOidd be orutores, speakers. In inscriptions we 
find both fetialis and fecialis ; but since in Greek 
MSS. the word always appears under some one of 
the forms <p7)TioAeis <J>eTioAeis, <piTia\eir, the 
orthography we have adopted in this article is 
probably correct. 

The explanation given by Livy (i. 24) of the 
origin of the term Pater Patratus is satisfactory : — 
" Pater Patratus ad jusjurandum patranduiu, id 
est, sanciendum fit foedus ; " and we may at once 
reject the speculations of Servius (ad Aen. ix. 53, 
x. 14, xii. 20G) and Plutarch (Q. R. p. 127, ed. 
Reiskc) ; the former of whom supposes that he was 
so called because it was necessary that his father 
should be alive, the latter that the name indicated 
that his father was living, and that he himself was 
the father of children. [\V. R] 

FI'BULA (irep6v7i,irfpovis,Trtpov7rrp'is; iripn-n, 
iiwrupTr'ts ; ivfrij), a brooch consisting of a pin 
(acus), and of a curved portion furnished with a 
hook (k\(Is, Horn. Od. xviii. 293). The curved 
portion was sometimes a circular ring or disc, the 
pin passing across its centre (woodcut, figs. 1,2), 
and sometimes an arc, the pin being as the chord 
of the arc (fig. 3). The forms of brooches, which 
were commonly of gold or bronze, and more rarely 
of silver (Aelian, V. II. i. 18), were, however, as 
various in ancient as in modem times ; for the 
fibula served in dress not merely as a fastening, 
but also as an ornament. (Horn. Od. xix. 250', 
257 ; Kurip. Phoen. 821.) 

1. 3. 3. 4. S. C. 7. 




Women wore the fibula both with the Amictus 
and the indutus ; men wore it with the amictus 
only. Its moat frequent use was to pin together 
two parts of the scarf, shawl or cloak [CtUA- 
mvm ; PlFLDM J Pai.I.ip.m], which constituted 
the amictus, so as to fasten it over the right 
I shoulder. (Soph. Trnrh. 923 ; Theocrit. xiv. 66 ; 
id m 2 



532 



FIBULA. 



FICTILE. 



Ovid, Met. viii. 318 ; Tacit. Germ. 17). [Wood- 
cuts, pp. 2, 117, 213.] More rarely we see it 
over the breast. [Woodcut, p. 21 8.] The epi- 
thet £Ttp6iropiros was applied to a person wear- 
ing the fibula on one shoulder only (Schol. in 
Eurip. Hec. 933, 934) ; for women often wore it 
on both shoulders. [Woodcuts, pp. 136, 243, 
257.] In consequence of the habit of putting on 
the amictus with the aid of a fibula, it was called 
TrepoWj/xa or i/iirep6vT]/j.a (Theocrit. Adon. 34. 79), 
iropTT^o (Eurip. Elect. 820), or afxiv^x^V ir*po- 
vi]Tis (Brunck, Anal. ii. 28). The splendid shawl 
of Ulysses, described in the Odyssey (xix. 225 — 
231), was provided with two small pipes for ad- 
mitting the pin of the golden brooch ; this contri- 
vance would secure the cloth from being torn. The 
highest degree of ornament was bestowed upon 
brooches after the fall of the western empire. 
Justin II. (Corippus, ii. 122), and many of the 
emperors who preceded him, as we perceive from 
the portraits on their medals, wore upon their 
right shoulders fibulae, from which jewels, at- 
tached by three small chains, depended. (Beger, 
Thes. Pal. p. 407, 408, &c.) 

It has been already stated that women often 
wore the fibula on both shoulders. In addition to 
this, a lady sometimes displayed an elegant row of 
brooches down each arm upon the sleeves of her 
tunic (Aelian, V. H. i. 18), examples of which are 
seen in many ancient statues. It was also fashion- 
able to wear them on the breast (Isid. Orig. xix. 
30) ; and another occasional distinction of female 
attire, in later times, was the use of the fibula in 
tucking up the tunic above the knee. 

Not only might slight accidents to the person 
arise from wearing brooches (Horn. II. v. 426), but 
they were sometimes used, especially by females, to 
inflict serious injuries. The pin of the fibula is the 
instrument, which the Phrygian women employ to 
deprive Polymnestor of his sight by piercing his 
pupils (Eurip. Hec. 1170), and with which the 
Athenian women, having first blinded a man, then 
dispatch him. (Herod, v. 87 ; Schol. in Eurip. Hec. 
934). Oedipus strikes the pupils of his own eye- 
balls with a brooch taken from the dress of Jocasta 
(Soph. Oed. Tyr. 1269 ; Eurip. Phoen. 62). For 
the same reason we find that irepovdu meant to 
pierce, since irep6vri was properly the pin of the 
brooch (irepSvriire, " pinned him," Horn. vii. 
145 ; xiii. 397). 

Brooches were succeeded by buckles, especially 
among the. Romans, who called them by the same 
name. The preceding woodcut shows on the right 
hand the forms of four bronze buckles (4, 5, 6, 7) from 
the collection in the British Museum. This article 
of dress was chiefly used to fasten the belt [Bal- 
teus], and the girdle [Zona]. (Virg. Aen. xii. 
274 ; Lydus, De Mag. Rom. ii. 13). It appears 
to have been in general much more richly orna- 
mented than the brooch ; for, although Hadrian 
was simple and unexpensive in this as well as in 
other matters of costume (Spartian. Hadr. 10), 
yet many of his successors were exceedingly 
prone to display buckles set with jewels {fibulae 
gemmatae). 

The terms which have now been illustrated as 
applied to articles of dress, were also used to denote 
pins variously introduced in carpentiy ; e. g. the 
linch-pins of a chariot (Parthen. 6) ; the wooden pins 
inserted through the sides of a boat, to which tlje 
sailors fasten their lines or ropes (Apoll. Rhod. i. 



567) ; the trenails which unite the posts and 
planks of a wooden bridge (Caesar, B. G. iv. 1 7) ; 
and the pins fixed into the top of a wooden tri- 
angle used as a mechanical engine (Vitruv. x. 2). 

The practice of infibulating singers, alluded to 
by Juvenal and Martial, is described in Rhodius 
De Ada and Pitiscus. [J. Y.] 

FI'CTILE (Kepd/ios, Ktpdjjuov, umpaKov, 
boTpaKivov), earthenware, a vessel or other article 
made of baked clay. 

The instruments used in pottery (ars figulina) 
were the following: — 1. The wheel (rpoxos,orbis, 
rota, " rota figularis," Plaut. Epid. iii. 2. 35), 
which is mentioned by Homer (II. xviii. 600), and 
is among the most ancient of all human inventions. 
According to the representations of it on the walls 
of Egyptian tombs (Wilkinson, Manners and Cus- 
toms, iii. p. 163), it was a circular table, placed on 
a cylindrical pedestal, and turning freely on a 
point. The workman, having placed a lump of 
clay upon it, whirled it swiftly with his left hand, 
and employed his right in moulding the clay to 
the requisite shape. Hence a dish is called " the 
daughter of the wheel " (Tpoxv^dros K6p-q, Xenar- 
chus, ap. Atlien. ii. p. 64). 2. Pieces of wood or 
bone, which the potter (Kepap.evs, figulus) held in 
his right hand, and applied occasionally to the 
surface of the clay during its revolution. A pointed 
stick, touching the clay, would inscribe a circle 
upon it ; and circles were in this manner disposed 
parallel to one another, and in any number, ac- 
cording to the fancy of the artist. By having the 
end of the stick curved or indented, and by turning 
it in different directions, he would impress many 
beautiful varieties of form and outline upon his 
vases. 3. Moulds {formae, tvitoi, Schol. in Arist. 
Eccles. 1 ), used either to decorate with figures in 
relief (irpiaTvira) vessels which had been thrown 
on the wheel, or to produce foliage, animals, or 
any other appearances, on Ante fix A, on cornices 
of terra cotta, and imitative or ornamental pottery 
of all other kinds, in which the wheel was not 
adapted to give the first shape. The annexed 
woodcut shows three moulds, which were found 
near Rome by M. Seroux d'Agincourt. (Recueil de 
Fragments, p. 88 — 92.) They are cut in stone. 
One of them was probably used for making ante- 
fixa, and the other two for making hearts and 
legs, designed to be suspended by poor persons 
" ex voto," in the temples and sanctuaries. [Do- 
naria.] Copies of the same subject, which might 




in this manner be multiplied to any extent, were 
called " ectypa." 4. Gravers or scalpels, used by 
skilful modellers in giving to figures of all kinds a 
more perfect finish and a higher relief than could 
be produced by the use of moulds. These instru- 
ments, exceedingly simple in themselves, and de- 



FICTILE. 



FICTILE. 



533 



ris ing their efficiency altogether from the ability 
and taste of the sculptor, would not only contri- 
bute to the more exquisite decoration of earthen 
vessels, but would be almost the only tools appli- 
cable for making " Dii fictiles," or gods of baked 
earth, and other entire figures. (Propert. ii. 3. 25, 
iv. 1. 5 ; Plin. H. N. xxxv. 45, 46 ; Sen. Cons, ad 
AUj. 10 ; ayd\fia.Ta 4k mj\ov, 071-1-7)5 y/js, Paus. 
i. 2. § 4, i. 3. § 1, vii. 22. § 6.) These were 
among the earliest efforts of the plastic art, and 
even in times of the greatest refinement and 
luxury they continued to be regarded with reve- 
rence. 

Vessels of all kinds were very frequently fur- 
nished with at least one handle (ansa, olas, S>i). 
The Amphora was called Diota, because it had 
two. The name of the potter was commonly 
stamped upon the handle, the rim, or some other 
part. Of this we have an example in the amphora, 
adapted for holding grain or fruits, oil or wine, 
which is here introduced from the work of Seroux 
d'Agincourt. The figure on the right hand shows 
the name in the genitive case " Maturi," im- 
pressed on an oblong surface which is seen on the 
handle of the amphora. 




The earth used for making pottery (Ktpafiwn 
77), Geopam. ii. 4!)) wan commonly red, and often 
of so lively a colour as to resemble coral. Vau- 
quclin found, by analysis, that a piece of Etruscan 
earthenware contained the following ingredients: — 
Silica, 53 ; alumina, 15 ; lime, 8 ; oxide of iron, 
24. To the great abundance of the last constitu- 
ent the deep red colour is to be attributed. Other 
pottery is brown or cream-coloured, and sometimes 
white. The pipe-clay, which must have been used 
for white ware, is called " figlina crcta." (Varro, 
Re Hunt. iii. 9.) Some of the ancient earthenware 
is throughout iU substance black, an effect pro- 
duced by mixing the earth with comminuted as- 
phaltum (yirfitrji), or with some other bituminous 
or oleaginous substance. It appears also that as- 
phnltum, with pitch and tar, both mineral and 
vegetable, was used to cover the surface like a var- 
nish. In the finer kinds of earthenware this vnr- 
nish served as a black paint, and to its application 
many of the most beautiful vases owe the decora- 
tions which arc now so highly admired. (Plin. //. 
N. xxxvi. 34.) But the coarser vessels, designed 
for common purposes, were also smeared with 
pitch, and had it burnt into them, because by this 
kind of encaustic they became more impervious to 
moisture and less liable to decay. (I lor. Cam. i. 



20. 3; Plin. H. N. xiv. 25, 27.) Hence a 
" dolium picatum fictile " was used, as well as a 
glass jar to hold pickles. (Colum. Re Rust. xii. 1 8, 
54.) Also the year of the vintage was inscribed 
by the use of pitch, either upon the amphorae 
themselves or upon the labels (pittacia, schedia), 
which were tied round their necks. ( Hor. Carm. 
iii. 21. 1 — 5.) Although oily or bituminous sub- 
stances were most commonly employed in pottery 
to prodnce by the aid of fire (e5 5e fieKavBcUv, 
Horn. Epig. xiv. 3) the various shades of black 
and brown, the vessels, before being sent for the 
last time to the furnace [Fornax], were some- 
times immersed in that finely prepared mud, now 
technically called " slip," by which the surface is 
both smoothed and glazed, and at the same time 
receives a fresh colour. Ruddle, or red ochre 
(/xi'atos, rubrica), was principally employed for 
this purpose. (Suidas, s. r. KeoAiaSos /cepayiujes.) 
To produce a further variety in the paintings upon 
vases the artists employed a few brightly coloured 
earths and metallic ores. [Pictura, No. 9.] 

As we might expect concerning an art so indis- 
pensable as that of the potter, it was practised to 
a great extent in every ancient nation ; even the 
most uncivilized not being strangers to it, and 
sometimes displaying a surprising degree of dexte- 
rity. The remains of an ancient pottery have been 
found in Britain, and some of the potters' names 
preserved on their works, are probably British. 
We are told of a place called the Potteries (Fuj- 
linae) in Gaul. Numa instituted a corporation of 
potters at Rome. (Plin. //. X. xxxv. 46.) Men- 
tion has already been made of Egypt, and there 
arc frequent allusions to the art in the ancient 
writings of the Jews. We also read of its pro- 
ductions in Trallcs, Pergamus, Cnidus, Chios, 
Sicyon, Corinth, Comae, Adria, Modcna, and 
Nola, from which city the exports of earthenware 
were considerable, and where some of the most ex- 
quisite specimens are still discovered. But three 
places were distinguished above all others for the 
extent and excellence of this beautiful manufac- 
ture. 

1. Santos, to which the Romans resorted for the 
articles of earthenware necessary at meals, and 
intended for use rather than display. (Plant 
Bacch. ii. 2. 24, Stick v. 4. 12 ; TibulL ii. 3. 51 ; 
Cic. pro Afurrn. 36 ; Plin. //. A r . xxxv. 46 ; 
TertnlL Apol. 25.) 

2. Athens, a considerable part of which was 
called Cerameicus, because it was inhabited by 
potters. In this quarter of the city were temples 
dedicated to Athena, as presiding over every kind 
of handicraft, and to the two fire-gods, llephacstos 
and I'romctheus, the latter of whiim was also the 
mythical inventor of the artof modelling. Various 
traditions respecting Corocbus and others point to 
the early efforts of the Athenian potters ( Plin. //. A', 
vii. 57, xxxv. 45 ; Critiaji up. Allien, i. p. 28) ; 
and it is a remarkable circumstance that the enemies 
of free trade, and especially of Athenian influence nt 
Aegina and Argos, imposed restrictions on the use 
of these productions. (Herod, v. 118.) The Athe- 
nian ware was of the finest description ; the master- 
pieces were publicly exhibited nt the Pana- 
tiiknaka, and were given, filled with oil, to the 
victors nt the games ; in consequence of which, we 
now read on some of them, in the British Museum 
and other collections, the iriacriptinn TW ' r\0i]in]0tv 
dflAwi/ or other e'l'iu.il' nt tMMJftlimH. (I'ind. AV1/1. 

UK i 



534 



FICTILE. 



FICTIO 



x. 35 ; Schol. and Bdckh, ad loc. ; Bockh, Corp. 
Insc. vol. i. p. 49.) Many other specimens were pre- 
sents given to relations and friends on particular 
occasions, and often distinguished by the epithets 
Ka\6s and koK-1] added to their names. A circum- 
stance which contributed to the success of the Athe- 
nians in this manufacture, was a mine of fine pot- 
ter's clay in the Colian Promontory, near Phalerum. 
(Suidas, I. c. ; Athen. xi. p. 482.) The articles 
made from it became so fashionable, that Plutarch 
(De Audit.) describing an act of extreme folly, 
compares it to that of the man who, having swal- 
lowed poison, refuses to take the antidote unless it 
be administered to him in a cup made of Colian clay. 
Some of the " Panathenaic" vases, as they were 
called, are two feet in height, which accords with 
what is said by ancient authors of their uncommon 
size. (Athen. xi. p. 495 ; Bockh, in Pind. Frag. No. 
89.) A diota was often stamped upon the coins 
of Athens, in allusion to the facts which have now 
been explained. 

3. Etruria, especially the cities of Aretium and 
Tarquinii. Whilst the Athenian potters excelled 
all others in the manufacture of vessels, the Tuscans, 
besides exercising this branch of industry to a great 
extent though in a less tasteful and elaborate 
manner, were very remarkable for their skill in 
producing all kinds of statuary in baked clay. 
Even the most celebrated of the Roman temples 
were adorned, both within and without, by the 
aid of these productions. The most distinguished 
among them was an entire quadriga, made at Veii, 
which surmounted the pediment of the temple of 
Jupiter Capitolinus. (Plin. H. N. xxviii. 4, xxxv. 
45, xxxvi. 2 ; K. 0. MUller, Etrusker, iv. 3. 1, 2.) 
The Etrurians also manifested their partiality to 
this branch of art by recurring to it for the purpose 
of interment ; for whilst Pliny mentions (H. N. 
xxxv. 46), that many persons preferred to be buried 
in earthen jars, and in other parts of Italy the 
bones of the dead have been found preserved in 
amphorae, Etruria alone has afforded examples, 
some of them now deposited in the British Museum, 
of large sarcophagi made wholly of terra cotta, and 
ornamented with figures in bas-relief and with re- 
cumbent statues of the deceased. 

Among many qualities which we admire in the 
Greek pottery, not the least wonderful is its thin- 
ness (Ae7TTa) and consequent lightness, notwith- 
standing the great size of the vessels and the per- 
fect regularity and elegance of their forms. That it 
was an object of ambition to excel in this respect 
we learn from the story of a master and his pupil, 
who contended which could throw the thinnest clay, 
and whose two amphorae, the result of the trial, 
were preserved in the temple at Erythrae. (Plin, 
H. N. xxxv. 46.) The well-known passage of 
Hesiod (Kai Kepafitvs Ktpajiti /coTeei, &c. Op. el 
Dies, 25) describes the emulation, which incited 
potters to excellence as well as architects and 
poets. 

The Greeks and Romans contented themselves 
with using earthenware on all occasions until the 
time of Alexander the Great: the Macedonian 
conquests introduced from the East a taste for vessels 
of gold and silver, in which, however, the Spartans 
refused to indulge themselves. The Persians, on the 
contrary, held earthenware in so low estimation, 
that they condemned persons to drink out of fictile 
vessels as a punishment. (Athen. vi. p. 229, c, xi. 
p. 464, a, p. 483, c, d.) But although the Romans, 



as they deviated from the ancient simplicity, made 
a great display of the more splendid kind of 
vessels, yet they continued to look upon pottery not 
only with respect but even with veneration. (Ovid, 
Met. viii. 690 ; Cic. ad Att. vi. 1 ; Juv. iii. 168, 
x. 25.) They called to mind the magnanimity of 
the Consul Curius, who preferred the use of his own 
earthenware to the gold of the Samnites (Floras, i. 
18) ; they reckoned some of their consecrated 
tcrra-cottas, and especially the above-mentioned 
quadriga, among the safeguards of their imperial 
city (Serv. ad Virg. Aen. vii. 188) ; and, bound by 
old associations and the traditons of their earliest 
history, they considered earthen vessels proper for 
religious ceremonies, although gol# and silver might 
be admitted in their private entertainments (Ter- 
tull. I. c.) ; for Pliny says (H. N. xxxv. 46), that 
the productions of this class, " both in regard to 
their skilful fabrication and their high antiquity, 
were more sacred, and certainly more innocent, than 
gold." 

Another term, often used as synonymous with 
fictile was testa. [Dolium ; Later ; Patera ; 
Patina ; Tegula.] [J. Y.] 

Fl'CTIO. Fictions in Roman law are like fic- 
tions in English law, of which it has been said that 
they are " those things that have no real essence 
in their own body, but are so acknowledged and 
accepted in law for some especial purpose." The 
fictions of the Roman law apparently had their 
origin in the edictal power, and they were devised 
for the purpose of providing for cases where there 
was no legislative provision. A fiction supposed 
something to be which was not ; but the thing sup- 
posed to be was such a thing as, being admitted to 
be a fact, gave to some person a right or imposed 
on some person a duty. Various instances of fic- 
tions are mentioned by Gaius. One instance is 
that of a person who had obtained the bonoram 
possessio ex edicto. As he was not heres, he had 
no direct action : he could neither claim the pro- 
perty of the defunct as his (legal) property, nor 
could he claim a debt due to the defunct as his 
(legal) debt. He therefore brought his suit (m- 
tendit) as heres (ficto se herede), and the formula 
was accordingly adapted to the fiction. In the 
Publiciana Actio, the fiction was that the possessor 
had obtained by usucapion the ownership of the 
thing of which he had lost the possession. A 
woman by coemptio, and a male by being adro- 
gated, ceased, according to the civil law, to be 
debtors, if they were debtors before ; for by the 
coemptio and adrogatio they had sustained a capitis 
diminutio, and there could be no direct action 
against them. But as this capitis diminutio might 
be made available for fraudulent purposes, an actio 
utilis was still allowed against such persons, the 
fiction being that they had sustained no capitis 
diminutio. The formula did not (as it appears 
from Gaius) express the fiction as a fact, but it ran 
thus : — If it shall appear that such and such are 
the facts (the facts in issue), and that the party, 
plaintiff or defendant, would have such and such a 
right, or be liable to such and such a duty, if such 
and such other facts (the facts supposed) were true; 
et reliqua. (Gaius, iv. 10. 32, &c. ; Ulp. Frag. 
xxviii. 12.) 

It was by a fiction that the notion of legal ca- 
pacity was extended to artificial persons. [Colle- 
gium ; Fiscus.] Instances of fiction occur in the 
chapter intitled Juristische Personen in Savigny's 



FIDEICOMMISSUM. 



FIDEICOMMISSUM. 



535 



System, des heut. R. R. voL ii., and in Puchta's In- 
stitutional, i. § 80, ii. § 165.) [G. L.] 

FIDEICOMMISSUM is a testamentary dis- 
position, by which a person who gives something 
to another imposes on him the obligation of trans- 
ferring it to a third person. The obligation was 
not created by words of legal binding force (civilia 
verba), but by words of request (precatiri), such 
as " fideicommitto," " peto," " volo dari," and the 
like; which were the operative words (rei-Aa 
utilia). If the object of the fideicommissum was 
the hereditas, the whole or a part, it was called 
fideicommissaria hereditas, which is equivalent to 
a universal fideicommissum ; if it was a single 
thing or a sum of money, it was called fideicom- 
missum singulae rei or fideicommissum speciale. 
The obligation to transfer a fideicommissaria here- 
ditas could only be imposed on the heres ; the ob- 
ligation of transferring a single thing might be 
imposed on a legatee. 

By the legislation of Justinian a fideicommis- 
Eum of the hereditas was a universal succession ; 
but before his time the person entitled to it was 
sometimes " heredis loco," and sometimes " lega- 
tarii loco." The heres still remained heres after 
he had parted with the hereditas. Though the 
fideicommissum resembled a vulgar substitution, it 
differed from it in this: — in the case of a vulgar 
substitution, the substituted person only became 
heres when the first person, named heres, failed to 
become such ; in the case of the fideicommissum, 
the second heres had only a claim on the inherit- 
ance when the person, named heres, had actually 
become such. There could be no fideicommissum 
unless there was a heres. 

The person who created the fideicommissum 
must be a person who was capable of making a 
will ; but he might create a fideicommissum orally 
without having made a will. The person who 
was to receive the benefit of the fideicommissum 
was the fidcicommissarius ; and a person might be 
a fideicommissarius who could take a legacy (Ulp. 
Frag. xxv. 6) ; the person on whom the obligation 
was kiid was the fiduciarius. The fidcicommis- 
sarius himself might be bound to give the fideicom- 
missum to a second fidcicommissarius. Originally 
the fidcicommissarius was considered as a purchaser 
(emptoru loco) ; and when the heres transferred to 
him the hereditas, mutual covenants (cautiones) 
were entered into by which the heres was not to 
be answerable for any thing which he had been 
bound to do as heres, nor for what he had given 
bona fide, and if an action was brought against 
him as heres, he was to be defended. On the 
other hand the fideicommissarius (oui recipielxit 
hereiiitatem) was to have whatever part of the 
hereditas might still come to the hands of the 
heres, and was to be allowed to prosecute all rights 
of action which the heres might have. Hut it was 
enacted by the senatus-consultum Trebellianum, in 
the time of Nero, that when the heres had given 
up the hereditas to the fideicommissarius, all right 
of action by or against the heres should be trans- 
ferred to the fideicommissarius. The praetor ac- 
cordingly gave utiles artiones to and against the 
fidcicommissarius. From this time the heres 
ceased to require from the fideicommissarius the 
covenants which he had formerly taken as his 
security against his general liabilities as hcrcf. 

As fideicommissa were sometimes lost because 
the heres would not accept the inheritance, it was 



enacted by the senatus-consultum Pegasianum, in 
the time of Vespasian, that the fiduciarius might 
retain one fourth of the hereditas, and the same 
power of retainer was allowed him in the case of 
single things. In this case the heres was liable to 
all debts and charges (onera hereditaria) ; but 
the same agreement was made between him and 
the fideicommissarius which was made between 
the heres and the legatus partiarius, that is, the 
profit or loss of the inheritance was shared be- 
tween them according to their shares (pro rata 
parte). Accordingly, if the heres was required 
to restore not more than three-fourths of the here- 
ditas, the senatus-consultum Trebellianum took 
effect, and any loss was borne by him and the 
fideicommissarius in proportion to their shares 
If the heres was required to restore more than 
three-fourths or the whole, the senatus-consultum 
Pegasianum applied. If the heres refused to 
take possession of (adire) the hereditas, the 
fideicommissarius could compel him, by applica- 
tion to the praetor, to take possession of it and to 
restore it to him ; but all the costs and charges 
accompanying the hereditas were borne by the 
fideicommissarius. 

Whether the heres was sole heir (ex asse), and 
required to restore the whole or a part of the 
hereditas, or whether he was not sole heir (ex 
parte) and was required to restore the whole of 
such part, or a part of such part, was immaterial : 
in all cases the S. C. Pegasianum gave him a 
fourth. 

By the legislation of Justinian the senatus-con- 
sulta Trebellianum and Pegasianum were consoli- 
dated, and the following rules were established : — ■ 
The heres who was chirged with a universal fidei- 
commissum always retained one-fourth part of the 
hereditas (which was called simply Quarta, or 
Falcidia, or coramodum Legis Falcidiae), and all 
claims on behalf of or against the hereditas were 
shared between the:: I and fideicommissarius 

who was considered hcr?dis loco. If the fiduciarius 
suffered himself to be compelled to take the inherit- 
ance, he lost his Quarta, and any other advantage 
that he might have from the hereditas. If the fidu- 
ciarius was in possession, the fideicommissarius had 
a personal actio ex testamento against him for the 
hereditas. If not in possession, he must at least 
verballyasscnt to the claim of the fideicommissarius, 
who had then thehereditatispetitiofideicommissaria 
against any person who was in possession of the 
property. 

The Quarta is in fact the Falcidia, applied to 
the case of universal fideicommissa. Accordingly, 
the heres only was entitled to it, and not a fidei- 
commissarius, who was himself charged with a 
fideicommissum. If there were several heredes 
charged with fideicommissa, each was entitled 
to a quarta of his portion of the hereditas. The 
heres was entitled to retain a fourth out of the 
hereditas, not including therein what he took as 
legatee. 

The fiduciarius was bound to restore the here- 
ditas at the time named by the testator, or, if no 
time was named, immediately after taking posses- 
sion of it. He was entitled to lie indemnified for 
all proper costs and charges which hu had sustained 
with resp«-ct to the hereditas ; but he was answer- 
able for any damage or loss which it had sustained 
through his culpa. 

lies singulae, ns already observed, might also 
M M 1 



536 FIDEICOMMISSUM. 



FIDUCIA. 



he the objects of a fideicommissum, as a particular 
piece of land, a slave, a garment, piece of silver, 
or a sum of money ; and the duty of giving it to 
the fideicommissarius might be imposed either on 
the heres or on a legatee. In this way a slave 
also might receive his liberty, and the request to 
manumit might be addressed either to the heres or 
the legatarius. The slave when manumitted was 
the libertus of the person who manumitted him. 
There were many differences between fideicom- 
missa of single things and legacies. A person 
about to die intestate might charge his heres with 
a fideicommissum, whereas a legacy could only be 
given by a testament, or by a codicil which was 
confirmed by a proper declaration of the testator in 
a will ; but a fideicommissum could be given by 
a simple codicil not so confirmed. A heres insti- 
tuted by a will might be requested by a codicil, 
not so confirmed as above, to transfer the whole 
hereditas, or a part, to a third person. A woman 
who was prevented by the provisions of the 
Voconia lex from taking a certain hereditas, might 
take it as a fideicommissum. The Latini, also, 
who were prohibited by the Lex Junia from 
taking hereditates and legacies by direct gift 
(direrto jure) could take by fideicommissa. It was 
not legal to name a person as heres, and also to 
name another who after the death of the heres, 
should bscome heres ; but it was lawful to request 
the heres on his death to transfer the whole or a 
part of the hereditas to another. In this way a 
testator indirectly exercised a testamentary power 
over his property for a longer period than the law 
allowed him to do directly. A man sued for a 
legacy per formulam ; but he sued for a fideicom- 
missum before the consul or praetor for fideicom- 
missa at Rome, and in the provinces before the 
praeses. A fideicommissum was valid, if given in 
the Greek language, but a legacy was not, until a 
late period. Justinian finally assimilated legacies 
and singular fideicommissa. [Legatum ; Inst.2. 
tit. 20. §3 ; Cod. 6. tit. 43. s. 2.] 

It appears that there were no legal means of en- 
forcing the due discharge of the trust called fidei- 
commissum till the time of Augustus, who gave 
the consuls jurisdiction in fideicommissa. In the 
time of Claudius praetores fideicommissarii were 
appointed : in the provinces the praesides took cog- 
nizance of fideicommissa. The consuls still retained 
their jurisdiction, but only exercised it in impor- 
tant cases. (Quintil. Inst. iii. 6.) The proceeding 
was always extra ordinem. (Gaius, ii. 228 ; Ulp. 
Frag. tit. 25. s. 12.) Fideicommissa seem to have 
been introduced in order to evade the civil law, 
and to give the hereditas, or a legacy, to a person 
who was either incapacitated from taking directly, 
or who could not take as much as the donor wished 
to give. Gaius, when observing that peregrini could 
take fideicommissa, observes that " this " (the ob- 
ject of evading the law) " was probably the origin 
of fideicommissa ;" but by a senatus-consultum made 
in the time of Hadrian, such fideicommissa were 
claimed by the fiscus. They are supposed to be 
the commendationes mortuorum mentioned by 
Cicero (de Fin. iii. 20). There is the case of 
Q. Pompeius Rufus (Val. Max. iv. 2. 7), who, 
being in exile, was legally incapacitated from 
taking any thing under the will of a Roman citi- 
zen, but could claim it from his mother, who was 
the heres fiduciarius. They were also adopted in 
the case of gifts to women, in order to evade the 



Lex Voconia [Lex Voconia] ; and in the case 
of proscribed persons, incertae personae, Latini, 
peregrini, caelibes, orbi. But the senatus-con- 
sultum Pegasianum destroyed the capacity of 
caelibes and orbi to take fideicommissa, and gave 
them to those persons mentioned in the will who 
had children, and in default of such to the popu- 
lus, as in the case of hereditates and legata. 
[Bona Caduca.] Municipia could not take as 
heredes [Collegium] ; but by the senatus-con- 
sultum Apronianum, which was probably passed 
in the time of Hadrian, they could take a fidei- 
commissa hereditas. (Ulp. Frag. tit. 22. s. 5 ; 
Plin. Ep. v. 7.) [Heres (Roman).] (Gaius, 
ii. 247—289 ; Ulp. Frag. tit. 25 : Inst. 2. tit. 23, 
24; Dig. 36. tit. 1 ; Cod. 6. tit. 49 ; Mackeldey, 
Lekrbuch, &c, 12th ed. § 726, &c. ; Vangerow, 
Lcitfaden fur Pandekten Vorlcsungen, vol. ii. p. 
561.) [G. L.] 

FIDEJUSSOR. [Intercession 
FIDEPROMTSSOR [Intercessio.] 
FIDES. [Lyra.] 

FIDI'CULA is said to have been an instru- 
ment of torture, consisting of a number of strings. 
According to some modern writers, it was the 
same as the equuleus, or at all events formed part 
of it. [Equuleus.] The term, however, appears 
to be applied to any strings, whether forming part 
of the equuleus or not, by which the limbs or ex- 
tremities of individuals were tied tightly. (Sueton. 
Tib. 62, Col. 33 ; Cod. Theod. 9. tit. 35. s. 1 ; 
Sigonius, De Jud. iii. 17.) 

FIDU'CIA. If a man transferred his property 
to another, on condition that it should be restored 
to him, this contract was called Fiducia, and the 
person to whom the property was so transferred was 
said fiduciam accipere. (Cic. Top. c. 10.) A man 
might transfer his property to another for the sake 
of greater security in time of danger, or for other 
sufficient reason. (Gaius, ii. 60.) The contract of 
fiducia or pactum fiduciae also existed in the case 
of pignus ; and in the case of mancipation. [Eman- 
cipatio.] The hereditas itself might be an object 
of fiducia. [Fideicommissum.] The trustee was 
bound to discharge his trust by restoring the thing : 
if he did not, he was liable to an actio fiduciae or 
fiduciaria, which was an actio bonae fidei. (Cic. 
de Off. iii- 15, ad Fain. vii. 12 ; ut inter bonos 
bene agier oportet.) If the trustee was con- 
demned in the action, the consequence was in- 
famia. Cicero enumerates the judicium fiduciae 
with that tutelae and societatis as " judicia sum- 
mae existimationis et paene capitis " (Cic. pro 
Ros. Com. c. 6), where he is evidently alluding to 
the consequence of infamia. (Compare Savigny, 
Syatem,, &c. vol. ii. p. 176.) 

When the object for which a thing was trans- 
ferred to another was attained, a remancipatio of 
those things which required to be transferred by 
mancipatio or in jure cessio was necessary ; and 
with this view a particular contract {pactum fidu- 
ciae) was inserted in the formula of mancipatio. If 
no remancipatio took place, but only a simple re- 
stitutio, usucapio was necessary to restore the Quiri- 
tarian ownership, and this was called usureceptio. 
The contract of fiducia might be accompanied with 
a condition, by virtue of which the fiducia might 
cease in a given case, and thus the fiducia was con- 
nected with the Commissoria Lex, as we see in 
Paulus (Sent. Rccept. ii. tit. 13), and in Cic. pro 
Flacco, c. 21, "fiducia commissa," which maybe 



FIMBRIAE, 
explained by reference to CoMMlSSUM. (Gaiu3, ii. I 
60, iii. 201 ; Rosshirt, Grundlinien, &c. § 99 ; 
Rein, Das Rom. Privatrecht ; Heinecc Syntagma. 
ed. Haubold.) [G. L.] 

FIDUCIA'RIA ACTIO. [Actio.] 

FIGLPNA ARS. [Fictile.] 

FIGLINAE. [Fictile.] 

FI'GULUS. [Fictile.] 

FILIUSFAMILIAS. [FamiljA.] 

FPMBRIAE (Kpooaoi • lonice, Svoavot, Greg. 
Corinth.), thrum3 ; tassels ; a fringe. 

When the weaver had finished any garment on 
the loom [Tela], the thrums, i. e. the extremities 
of the threads of the warp, hung in a row at the 
bottom. In this state they were frequently left, 
being considered ornamental. Often also, to pre- 
vent them from ravelling, and to give a still more 
artificial and ornamental appearance, they were 
separated into bundles, each of which was twisted 
(arptTTois SvaaixHS, Brunck, Altai. L 416), and 
fled in one or more knots. The thrums were thus, 
by a very simple process, transformed into c row ot 
tasscb. The linen shirts, found in Egyptian tombs, 
sometimes show this ornament among their lower 
edge, and illustrate, in a very interesting manner, 
the description of these garments by Herodotus 
(ii. 81). Among the Greeks and Romans fringes 
■were seldom wom except by females (Kpooaierbv 
X'T»va, Brunck, ii. 52.5 ; Jacobs, &ic ad loc. ; 
Pollux, vii. 64 ; Sucton. Jul. 45). Of their manner 
of displaying them the best idea may be formed by 
the inspection of the annexed woodcut, taken from 
a small bronze, representing a Roman lady who 
wears an inner and an outer tunic, the latter being 
fringed, and over these a large shawl or pallium. 




Among barbarous nations the amictus was often 
wom by men with a fringe, as is seen very con- 
spicuously in the group of ^armntians at p. 21a 
By crossing the bundles of thrums, and tying 
them at the point* of intersection, a kind of net- 
work was produced, nnd we are informed of a 
fringe of this description, which was, moreover, 
hung with bells. ( Diod. xviii. 'Jo'.) The ancients 
also manufactured fringes separately, nnd sewed 
them to the borders of their garment*. They were 



FISCUS 537 
likewise made of gold thread and other costly 
materials. Of this kind was the ornament, con- 
sisting of a hundred golden tassels, which sur- 
rounded the mythical shield of Jupiter, the idyls 
Kivaav6i(jaa, and which depended from the girdle 
of Juno. (Horn. //. ii 448, v. 738, xiv. 181, 
xviL 593.) 

In consequence of the tendency of wool to form 
itself into separate bundles like tassels (duo-atrqSby, 
Aelian, H. A. xvi. 11), the poets speak of the 
golden fleece as consisting of them (Pind. Pyth. iv. 
411 ; Apoll. Rhod. iv. 1146) ; and Cicero, declaim- 
ing against the effeminacy of Gabinius, applies the 
same expression to his curling locks of hair (in 
Pis. 11). [J. Y.] 

FINITO'RES. [Agrimexsores.] 

FPNIUM REGUNDO'RUM ACTIO. If the 
boundaries of contiguous estates were accidentally 
confused, each of the parties interested in the rc- 
establishment of the boundaries might have an 
action against the other for that purpose. This 
action belonged to the class of duplicia judicia. 
[Familiae Erciscundak Actio.] In this action 
each party was bound to account for the fruits and 
profits which he had received from any part of the 
land which did not belong to him, and also to 
account for any injury which it had sustained 
through his culpa. Each party was also entitled 
to compensation for improvements made in the por- 
tion of land which did not belong to him. ( Dig. 10. 
tit 1.) There is an article entitled ' Uebcr die 
Griinzscheidungsklage * by Rudorff in the Zcit- 
sc/iri/t fur GesclticliUiche Heclttswissenschuft, vol. x. 
[Acer.] [G. L.] 

FISCA'LES. [Gladiatores.] 

FISCUS. The following is Savigny's account 
of the origin and meaning of this term:- — 

In the republican period, the state was desig- 
nated by the term Acrarium, in so far as it was 
viewed with respect to its having property, which 
ultimately resolved itself into receipts into, and 
payments made out of, the public chest. On the 
establishment of the imperial power, there was a 
division of the provinces between the senate, as 
the representative of the old republic, and the 
Caesar ; and there was consequently a division of 
the most important branches of public income and 
expenditure. The property of the senate retained 
the name of Aerarium, and that of the Caesar, as 
such, received the name of Fiscus. The private 
property of the Caesar (res privata Principis, ratio 
Caesaris) was quite distinct from that of the Fiscus. 
The word Fiscus signified a wicker-basket, or pan- 
nier, in which the Romans were accustomed to 
keep and carry about large sums of money (Cic. 
Verr. i. ft ; Pliaedr. Fab. ii. 7) ; and hence Fis- 
cus came to signify any person's treasure or money 
chest. The importance of the imperial Fiscus soon 
led to the practice of appropriating the name to 
that property which the Caesar claimed as Caesar, 
and the word Fiscus, without any adjunct, was 
used in thin sense (res fisd <*/, Juv. .Sat. iv. 54). 
Ultimately the word came to signify generally the 
property of the state, the Caesar having concen- 
trated in himself nil the sovereign power, and thus 
the word Fiscus finally had the same signification 
as Acrarium in the rrpublicaii period. It docs not 
appear at what time the Acrarium was merged in 
the Fiscus, though the distinction of name and of 
thing continued at least to the time of Hadrian. 
In the Inter periods the words Acrarium and Fis- 



538 



FISTUCA. 



FISTULA. 



cus were often used indiscriminately, but only in 
the sense of the imperial chest, for there was then 
no other public chest. So long as the distinction 
existed between the aerarium and the fiscus, the 
law relating to them severally might be expressed 
by the terms jus populi and jus fisci, as in Paulus 
(Sent. Receipt, v. 1"2), though there is no reason for 
applying the distinction to the time when Paulus 
wrote ; for, as already observed, it had then long 
ceased. 

The Fiscus had a legal personal existence ; that 
is, as the subject of certain rights, it was legally a 
person, b} r virtue of the same fiction of law which 
gave a personal existence to corporations, and the 
communities of cities and villages. But the Fiscus 
differed in many respects from other persons exist- 
ing by fiction of law ; and, as an instance, it was 
never under any incapacity as to taking an here- 
ditas, which, for a long time, was the case with 
corporations, for the reason given by Ulpian. [Col- 
legium]. These reasons would also apply to the 
Populus, as well as to a Municipium, and yet the 
populus is never alluded to as being under such 
disability ; and in fact it could not, consistently 
with being the source of all rights, be under any 
legal disabilities. 

Various officers, as Procuratores, Advocati [Ad- 
VOCatus], Patroni, and Praefecti were employed 
in the administration of the Fiscus. Nerva esta- 
blished a Praetor Fiscalis to administer the law in 
matters relating to the Fiscus. The patrimonium 
or private property of the Caesar was administered 
by Procuratores Caesaris. The privileges of the 
Fiscus were, however, extended to the private 
property (ratio) of the Caesar, and of his wife the 
Augusta. (Dig. 49. tit. 14. s. 6.) 

Property was acquired by the Fiscus in various 
ways, enumerated in the Digest (49. tit. 14. s. 1), 
many of which may be arranged under the head 
of penalties and forfeitures. Thus, if a man was 
led to commit suicide in consequence of having 
done some criminal act (flagitium), or if a man 
made counterfeit coin, his property was forfeited to 
the fiscus. (Paulus, £. R. v. 12.) The officers of the 
Fiscus generally received information (nunciationes) 
of such occurrences from private individuals, who 
were rewarded for their pains. Treasure (thesaurus) 
which was found in certain places was also subject 
to a claim on the part of the Fiscus. To explain 
the rights and privileges of the Fiscus, and its ad- 
ministrations, would require a long discussion. (Dig. 
49. tit. IS. de Jure Fisci j Cod. 10. tit. 1 ; Cod. 
Theod. 10. tit. 1 ; Paulus, Sent. Recept. v. 12; 
Savigny, System des Jieut. Rom. R. vol. ii. ; Fragmen- 
tum veteris juris-consulti de Jure Fisci, printed in 
Goeschen's edition of Gains ; Savigny, Neu entdechte 
Quellen des Rom. R., Zeitschrift, vol. iii.) [G. L.] 

FISTU'CA, an instrument used for ramming 
down pavements and threshing floors, and the 
foimdations of buildings (Cato, R. R. 18, 28 ; Plin. 
H.N. xxxvi. 25. s. 61 ; Vitruv. iii. 3. s. 4. § 1, x. 
3. s. 2. § 3) ; and also for driving piles (Caes. 
B. G. iv. 17). When used for the former purpose, 
that of making earth solid, it was no doubt a mere 
log of wood (shod perhaps with iron), with handles 
to lift it up ; just like a paviour's rammer. But 
in the case cited from Caesar, where it was used 
for driving the piles of his bridge over the Rhine, 
it is almost evident that it must have been a ma- 
chine, something like our pile-driving engine (or 
monkey), by which a heavy log of wood, shod 



with iron, was lifted up to a considerable height 
and then let fall on the head of the pile. [P. S.] 

FI'STULA (o-ie\T}v), a water-pipe. Vitruvius 
(viii. 7. s. 6'. §. 1, ed. Schn.) distinguishes three 
modes of conveying water : by channels of masonry 
(per canales structiles), by leaden pipes (fistulis 
plumbeis), and by earthen pipes (tubulis fictilibus) ; 
but of these two sorts of pipes the leaden were the 
more commonly used.* [Aquaeductus.] They 
were made by bending up cast plates of lead into a 
form not perfectly cylindrical, but having a sort of 
ridge at the junction of the edges of the plate, as 
represented in the following engraving, taken from 
antique specimens. (Frontin. de Aquaed. p. 73. 
fig. 15, 16, ed. Polen. ; Hirt, Lehre d. Geb'dude, pi. 
xxxii. fig. 8.) 




In the manufacture of these pipes, particular at- 
tention was paid to the bore, and to the thickness. 
The accounts of Vitruvius, Frontinus, and other 
writers, are not in perfect accordance ; but it ap- 
pears, from a comparison of them, that two different 
systems of measurement were adopted, namely, 
either by the width of the plate of lead (lamina or 
lamna) before it was bent into the shape of a pipe, 
or by the internal diameter or bore (lumen) of the 
pipe when formed. The former is the system 
adopted by Vitruvius (I. c. § 4) ; according to him 
the leaden plates were cast of a length not less than 
ten feet, and of a width containing an exact number 
of digits (sixteenths of a foot), which number was of 
course different for different sized pipes ; and then 
the sizes of the pipes were named from the number 
of digits in the width of the plates, as in the fol- 
lowing table, where the numbers on the right hand 
indicate the number of pounds which Vitruvius as- 
signs to each ten-feet length of pipe : — 

Centenaria, from a plate 100 digits wide : 1 200 lbs. 
Octogenaria — 80 — : 960 — 
Quinquagenaria — 50 — : 600 — 



* The etymological distinction between fistula 
and tubus seems to be that the former, which ori- 
ginally signified a flute, was a small pipe, the latter 
a large one ; but, in usage, at least so far as water- 
pipes are concerned, it seems that fistula is applied 
to a leaden pipe, tulms and tubulus to one of any 
other material, especially of terra-cotta, as in the 
above and the following passages. (Varro, R. R. 
i. 8 ; Colum. i. 5 ; Plin. v. 31. s. 34, xvi. 42. s. 
81, xxxv. 12. s. 46 ; Frontinus, see below.) 



FLABELLUM. 



Quadragenaria — 


40 




: 430 — 


Triccnaria — 


30 




: 360 — 


Vicenaria — 


20 




. 240 


Quindena — 


15 




: 180 — 


Dena — 


10 




: 120 — 


Octona — 


8 




: 96» — 


Quinaria — 


5 




: 60 — 



From this scale it is evident, at a mere glance, that 
the thickness of the plates was the same for pipes of 
all sizes, namely, such that each strip of lead, ten 
feet long and one digit wide, weighed twelve pounds. 
The account of Vitruvius is followed by Pliny 
(H. N. xxxi. 6. s. 31) and Palladius (ix. 12 : comp. 
the notes of Schneider and Gesner). 

Frontinus, who enters into the subject much more 
minutely, objects to the system of Vitruvius as too 
indefinite, on account of the variation which is 
made in the shape of the pipe in bending up the 
plate of lead ; and he thinks it more probable that 
the names were derived from the length of the in- 
ternal diameters, reckoned in quadrantes (the unit 
being the digit), that is, in quarters of a digit ; 
so that the Quinaria had a diameter of five fourths 
of a digit, or 1 ^ digit, and so on, up to the Vicenaria, 
above which the notation was altered, and the names 
were no longer taken from the number of linear 
quarters of a digit in the diameter of the pipe, but 
from the number of square quarters of a digit in its 
area, and this system prevailed up to the Centum- 
vicena, which was the largest size in use, as the 
Quinaria was the smallest : the latter is adopted 
by Frontinus as the standard measure (modulus) of 
the whole system. (For further details see Fron- 
tinus, de Aquaed. 20 — 63, pp. 70 — 1 12, with the 
Notes of Polenus.) Another mode of explaining 
the nomenclature was by the story that when 
Agrippa undertook the oversight of the aquaeducts, 
finding the modulus inconveniently small, he en- 
larged it to fire times its diameter, and hence the 
origin of the fistula quinaria. (Frontin. 25, pp. 80, 
81.) Of these accounts that of Vitruvius appears 
at once the most simple and the most correct : in- 
deed it would seem that the plan of measurement 
was very probably the invention of Vitruvius him- 
self. (Frontin. I.e.) Respecting the uses of pipes 
in the aqueducts, see Aqitaeductus. 

Of the earthen (terra-cotta) pipes we know very 
little. Pliny says that they are best when their 
thickness is two digits (I ' inch), and that each 
pipe should have its end inserted in the next, and 
the joints should be cemented ; but that leaden 
pipes should be used where the water rises. The 
earthen pipes were thought more wholesome than 
the leaden. (Plin. //. A r . xxxi. 6. s. 31 ; Vitniv. 
I. c, § 10 ; Pallad. ix. 1 1.) Water pipes were also 
made of hath, r (Plin. H. A r . v. 31. s. 34 ; Vitniv. 
I.e. § 8) ; and of wood (Pallad. /. c), especially of 
the hollowed trunks of the pine, fir, nnd alder. 
(Plin. H.N. x^i. 42. s. 81.) [P. S.1 

FLABEMXM, dim. FI.AIIKLM'U'M, 
(/5nr(f, ^iitiitt^p, dim. frmlhiov), a fan. " The ex- 
ercise of the fan," so wittily described by Addison 
(Sped. No. 102), was wholly unknown to the 
ancients. Neither were their fans so constructed 



* Pliny and Palladius, and even the ancient 
MSS. of Vitruvius, give here C, which, however, is 
clearly an error of a trnnsrrili'T who did not perceive 
the lnw of the proportion, but who had a fancy for 
the round number. 



FLAGRL'M. 539 
that they might be furled, unfurled, and fluttered, 
nor were they even carried by the ladies themselves. 
They were, it is true, of elegant forms, of delicate 
colours (prasino ftabello, Mart. iii. 40), and some- 
times of costly and splendid materials, such as pea- 
cock's feathers (Propert. ii. 15) ; but they were 
stiiF and of a fixed shape, and were held by female 
slaves (fiabel/iferae, Philemon, as translated by 
Plaut. Trin. ii. 1. 22), by beautiful boys (Strato, 
Epig. 22), or by eunuchs (Eurip. Orcst. 14U8 — 
1412 ; Menander, p. 175, ed. Meineke ; and as 
translated by Terence, Eun. iii. 5. 45 — 54), whose 
duty it was to wave them so as to produce a cool- 
ing breeze. (Brunck, Anal. ii. 92.) A gentieman 
might, nevertheless, take the fan into his own 
hand and use it in fanninff a lady as a compliment. 
(Ovid,^rs Am. i. 161, Amor. iii. 2. 38.) The 
woodcut at p. 257 shows a female bestowing this 
attendance upon her mistress. The fan which she 
holds is apparently made of separate feathers joined 
at the base, and also united both by a thread pass- 
ing along the tips and by another stronger thread 
tied to the middle of the shaft of each feather. 
Another use of the fan was to drive away flies 
from living persons, and from articles of food 
which were either placed upon the table or offered 
in sacrifice. When intended for a fly-flapper it 
was less stiff, and was called musearium (Mart. xiv. 
67), and nvioa6Sr\ (Menander, p. 175 ; Aelian, 
H. A. xv. 14 ; Brunck, Anal. ii. 388, iii. 92). In 
short, the manner of using fans was precisely that 
which is still practised in China, India, and other 
parts of the East ; and Euripides (/. c.) says that 
the Greeks derived their knowledge of them from 
"barbarous" countries. The emperor Augustus 
had a slave to fan him during his sleep (Sueton. 
Aug. 82) ; for the use of fans was not confined to 
females. 

Besides separate feathers the ancient fan was 
sometimes made of linen, extended upon a light 
frame. (Strato, /. c.) From the above-cited pas- 
sage of Euripides and the ancient Scholia upon it, 
compared with representations of the flabellum in 
ancient paintings, it also appears to have been 
made by placing the two wings of a bird back to 
back, fastening them together in this position, and 
attaching a handle at the base. (Sec also Brunck, 
Anal. ii. 258, Urtpivay ^iiriSa.) 

A more homely application of the fan was its use 
in cookery [Focus]. In a painting which repre- 
sents a sacrifice to Isis (Ant. d' Ercolano, ii. 60), a 
priest is seen fanning the fire upon the altar with 
a triangular flabellum, such as is still used in Italy. 
This practice gave oriirin among classical writers to 
expressions corresponding to ours, meaning to fan 
the flame of hope (Alciph. iii. 47), of love (piwl(»U>, 
Brunck, ii. 306), or of sedition (Aristoph. Han. 
360 ; Cic. pro Place. 23). (.1. Y.] 

FLAGRUM, dim. FIjAGELLUM (/lu£<tti{), 
a whip, a scourge, to the handle of which was 
fixed a lash made of cords (funihus, Flor. E/ntd. 
iv. 3 ; John, ii. 15), or thongs of leather (toris, 
Hot. Eyisl. i. 16. 47 ; (Tki/tiVo, Anac. p. 357, ed. 
Fischer), especially thongs made from the ox's 
hide {Imliulu exuriis. Plant. Most. iv. 1. 26). The 
fiiujrllum properly so called was a dreadful instru- 
ment, and is thus put in opposition to the scutira, 
which was a simple whip. (Hot, .Sot. i. 3. 119.) 
Cicero in like manner contrasts the severe flugrlln 
with the vityat linhir. i). The flagellinn 

was chiefly used in the punishment of (laves. It 



FLAMEN. 



FLAMEN. 



was knotted with bones or heavy indented circles 
of bronze or terminated by hooks, in which case it 
was aptly denominated a scorpion. The ctit below 
represents a scourge taken from a bas-relief of the 
statue of Cybele in the Museum of the Capitol at 
Rome, and fully justifies the epithet of Horace 
(/. c), horribile flagellum. The infliction of punish- 
ment with it upon the naked back of the sufferer 
(Juv. vi. 382) was sometimes fatal (Hor. Sat. i. 
2. 41), and was carried into execution by a class 
of persons, themselves slaves, who were called 
lorarii. A slave who had been flogged was called 
jlagrio (/u.ao~Tiy'ias, Philemon, p. 415. ed. Mein. ; 
Aristoph. Ran. 502, Equit. 1225, Lys. 1242 ; 
mastigia, Plautus, passim ; Ter. Adelph. v. 2. 6), 
which of course became a term of mockery and 
contempt. During the Saturnalia the scourge was 
deposited under the seal of the master. We like- 
wise find that some gladiators fought with the 
flagella (Tertull. Apol. 21), as in the coin here 
introduced. The flagellum here has two lashes. 
(See also cut, p. 101.) [J. Y.] 




FLAMEN, the name for any Roman priest 
who was devoted to the service of one particular 

god (DlVlSQUE ALUS ALII SACERDOTES, OMNIBUS 
PONTIFICES, SINGULIS FLAM1NES SUNTO, ClC. De 

Leg. ii. 8), and who received a distinguishing 
epithet from the deity to whom he ministered. 
(Horum, sc. flaminum, singuli cognomina habent 
ab eo deo quoi sacra faciunt, Varro, De Ling. Lat. 
v. 84.) The most dignified were those attached 
to Diiovis, Mars, and Quirinus, the Flamen Dialis, 
Flamen Martialis, and Flamen QuirinaKs. The 
two first are said by Plutarch (Num. c. 7) to have 
been established by Romulus ; but the greater num- 
ber of authorities agree in referring the institution 
of the whole three, in common with all other 
matters connected with state religion, to Numa. 
(Liv. i. 20 ; Dionys. ii. 64. &c.) The number was 
eventually increased to fifteen ( Fest. s. v. Maximae 
dignationis) : the three original flamens were always 
chosen from among the patricians, and styled 
Majores (Gaius, i. 112); the rest from the plebeians, 
with the epithet Minores (Fest. Majores FlaminesX 
Two rude lines of Ennius (Varro, de Ling. Lat. vii. 
44) preserve the names of six of these, appointed, 
says the poet, by Numa, — 

Volturnahnh, Palatualem, Furinalem, 
F/oralemque, Falacrem et Pomonalem fecit 
Hie idem 

to wnich we may add the Flamen Volcanalis 
(Varro, De Ling. Lat. v. 84), and the Flamen 
Carmentalis (Cic. Brut. 14). We find in books of 
antiquities mention made of the Virbialis-, Lauren- 
tialis, Lavinalis, and Luctillaris, which would com- 



plete the list ; but there is nothing to prove that 
these four were Roman and not merely provincial 
priests. 

It is generally stated, upon the authority of 
Aulus Gellius (xv. 27), that the flamens were 
elected at the Comitia Curiata, and this was doubt- 
less the case in the earlier times ; but upon ex- 
amining the passage in question, it will be seen 
that the grammarian speaks of their induc- 
tion into office only, and therefore we may con- 
clude that subsequently to the passing of the Lex 
Domitia they were chosen in the Comitia Tributa, 
especially since so many of them were plebeians. 
After being nominated by the people, they were 
received (capti) and installed (inauguralanlur) by 
the Pontifex Maximus (Liv. xxvii. 8, xxix. 38 ; 
Val. Max. vi. 9. § 3), to whose authority they were 
at all times subject. (Liv. Epit. xix., xxxvii. 51 ; 
Val. Max. i. 1. § 2.) 

The office was understood to last for life ; but a 
flamen might be compelled to resign (flaminio 
ahire) for a breach of duty, or even on account of 
the occurrence of an ill-omened accident while dis- 
charging his functions. (Val. Max. i. 1. § 4.) 

Their characteristic dress was the apex [Apex], 
the laena [Laena], and a laurel wreath. The 
name, according to Varro and Festus, was derived 
from the band of white wool (filum, filamen, fla- 
men) which was wrapped round the apex, and 
which they wore, without the apex, when the heat 
was oppressive. (Serv. Virg. Aen. viii. 664.) This 
etymology is more reasonable than the transforma- 
tion oipileamines (from pileus) into famines. (Plu- 
tarch, Num. 7.) The most distinguished of all the 
flamens was the Dialis ; the lowest in rank the 
Pomonalis. (Festus, s. v. Maximae dignationis.) 

The former enjoyed many peculiar honours. 
When a vacancy occurred, three persons of patri- 
cian descent, whose parents had been married ac- 
cording to the ceremonies of confarreatio [Mar- 
riage], were nominated by the Comitia, one of 
whom was selected (captus), and consecrated (in- 
augurabatur) by the Pontifex Maximus. (Tacit. 
Ann. iv. 16 ; Liv. xxvii. 8.) From that time for- 
ward he was emancipated from the control of his 
father, and became sui juris. (Gaius, i. 130 ; Ulpian, 
Frag. x. 5; Tac. Ann. iv. 16.) He alone of all 
priests wore the albogalerus [Apex] (Varro, ap. 
Gell. x. 15) ; he had a right to a lictor (Plut. 
Q. R. p. 119, ed. Reiske), to the toga praetexta, 
the sella curulis, and to a seat in the senate in 
virtue of his office. This last privilege, after having 
been suffered to fall into disuse for a long period, 
was asserted by C. Valerius Flaccus (b. c. 209), 
and the claim allowed, more, however, says Livy, 
in deference to his high personal character than 
from a conviction of the justice of the demand. 
(Liv. xxvii. 8; compare i. 20.) The Rex Sacrifieu- 
lus alone was entitled to recline above him at a 
banquet : if one in bonds took refuge in his house, 
the chains were immediately struck off and con- 
veyed through the impluvium to the roof, and 
thence cast down into the street (Aul. Gell. x. 15) : 
if a criminal on his way to punishment met him, 
and fell suppliant at his feet, he was respited for 1 
that day (Aul. Gell. x. 15 : Plut. Q. R. p. 166) ; 
usages which remind us of the right of sanctuary 
attached to the persons and dwellings of the papal 
cardinals. 

To counterbalance these high honours, the Dialis 
was subjected to a multitude of restrictions and 



PLAMEN. 

privations, a long cotalogue of which has been com- 
piled by Aulus Gellius (x. IS) from the works of 
Fabius Pictor and Masurius Sabinus, while Plu- 
tarch, in his Roman Questions, endeavours to 
explain their import Among these were the fol- 
lowing : — 

It was unlawful for him to be out of the city for 
a single night (Liv. v. 52) ; a regulation which 
seems to have been modified by Augustus, in so 
far that an absence of two nights was permitted 
(Tacit. Ann. iii. 58. 71) ; and he was forbidden to 
sleep out of his own bed for three nights consecu- 
tively. Thus, it was impossible for him to under- 
take the government of a province. He might not 
mount upon horseback, nor even touch a horse, nor 
look upon an army marshalled without the pomoc- 
riurn, and hence was seldom elected to the consul- 
ship. Indeed, it would seem that originally he was 
altogether precluded from seeking or accepting any 
civil magistracy (Plut. Q.R. p. 169) ; but this last 
prohibition was certainly not enforced in later 
times. The object of the above rules was mani- 
festly to make him literally Jovi adsiduum sacer- 
dolem i to compel constant attention to the duties of 
the priesthood ; to leave him in a great measure 
without any temptation to neglect them. The 
origin of the superstitions which we shall next 
enumerate is not so clear, but the curious will find 
abundance of speculation in Plutarch (Q. H. pp. 1 14, 
118, 164 — 170), Festus (». r. Edera and Bquo), 
and Pliny (//. A', xviii. 30, xxviii. 40). He was 
not allowed to swear an oath (Liv. xxxi. 50), nor 
to wear a ring " nisi jiervio et casso" that is, as 
they explain it. unless plain and without stones 
(Kirchmann, Lie Annulis, p. 14) ; nor to strip 
himself naked in the open air, nor to go out without 
his proper head-dress, nor to have a knot in any 
part of his attire, nor to walk along a path over- 
canopied by vines. He might not touch Hour, nor 
leaven, nor leavened bread, nor a dead body : he 
might not enter a Imstum [Fitnus], but was not 
prevented from attending a funeral. He was for- 
bidden cither to touch or to name a dog, a she- 
goat, ivy, beans, or raw flesh. None but a free 
man might cut his hair ; the clippings of which, 
together with the parings of his nails, were buried 
beneath a fi-l'uc ardor. No one might sleep in his 
bed, the legs of which were smeared with fine 
clay ; and it was unlawful to place a box con- 
taining sacrificial cakes in contact with the bed- 
Itead. 

/■'liiminiru was the name given to the wife of the 
dialis. He was required to wed a virgin accord- 
ing to the ceremonies of con/arrcalio, which regu- 
lation also applied to the two other flamines 
majores (Serv. ad Virg. A en. iv. 104, 1)74 ; 
Gaius, i. 1 12) ; and he could not marry a second 
tiim-. Hence, since her assistance was essential 
in the performance of certain ordinances, a divorce 
was not permitted, and if she died the dialis was 
phHged to resign. The restrictions imposed upon 
the llaniinica were similar to those by which her 
husband was fettered. (Aul. (icll. x. 15.) Her 
drcs* consisted of a dyed robe (venenata o/ieritiir) ; 
her hair was plaited up with a purple band in a 
conical form (tutulus) ■ and she wore a small 
square clonk with a border (rica), to which was 
attached a slip cut from a J'elix aibor. (Fest 
I. v. 7'iit ill u in, Hica ; V'arro, l)e Ling. I Ait. vii. 44.) 
It is difficult to determine what the rira really 
was ; whether a short cloak, as appears most pro- 



FLORALIA. 541 
bable, or a napkin thrown over the head. She 
was prohibited from mounting a staircase consist- 
ing of more than three steps (the text of Aulus 
Gellius is uncertain, but the object must have been 
to prevent her ancles from being seen) ; and when 
she went to the argei [ Argei] she neither combed 
nor arranged her hair. On each of the nundinae 
a ram was sacrificed to Jupiter in the regia by the 
flaminica. (Macrob. L 16.) 

After the death of the fiamen Merula, who was 
chosen consul sutfectus on the expulsion of Cinna 
(Veil. Pat iL 20 ; Val. Max. ix. 12. § 5), and who, 
upon the restoration of the Marian faction, shed his 
own blood in the sanctuary (b. c. 87), calling 
down curses on his enemies with his dying breath 
(Veil. Pat. ii. 22), the priesthood remained vacant 
until the consecration of Servius Maluginensis 
(b. c. 11) by Augustus, then Pontifex Maximus. 
Julius Caesar had indeed been nominated in his 
17th year, but was never installed ; and during the 
whole of the above period the duties of the office 
were discharged by the Pontifex Maximus. (Suet. 
Jul. c. 1, compared with Veil. Pat. ii. 43, and the 
Commentators. See also Suet. Octav. 31 ; Dion 
Cass. liv. 36 ; Tacit Ann. iii. 58. The last quoted 
historian, if the text be correct, states the interrup- 
tion lasted for 72 years only.) 

The municipal towns also had their flamens. 
Thus the celebrated affray between Milo and 
Clodius took place while the former was on his way 
to Lanuvium, of which he was then dictator, to 
declare the election of a flamen (ad flaminem pro- 
dendum). After the deification of the emperors, 
flamens were appointed to superintend their wor- 
ship in Rome and in all the provinces ; and we find 
constantly in inscriptions such titles as Flamen 
Augustalis ; Flamen Tiberii Caesaris ; Fla- 
men D. Ji Lft, Ace, and sometimes Flamen Dl- 
vorlm OMNI DM (sc. imperatorum). 

Flaminia, according to Festus and Aulus Gel- 
lius (x. 15), was the house of the Flamen Dialis, 
from which it was unlawful to carry out fire except 
for sacred purposes. 

Flaminia, according to Festus, was also a name 
given to a little priestess (sacerdotulu), who assisted 
the Jlaminica in her duties. [\Y. R.J 

FLA'MMEUM. [Matrimonilm.J 

FL.KXUMINES. [Equitks.] 

FLORA'LIA, or Florales Ludi, a festival 
which was celebrated at Rome in honour of Flora 
or Chloris. It was solemnized during five days, 
beginning on the 28th of April and ending on the 
2d of May. (Ovid, Fast. v. 185; Plin, H, N. 
xviii. 69.) It was said to have been instituted at 
Rome in 238 b. c, at the command of an oracle 
in the Sibylline books, for the purpose- of obtain- 
ing from the goddess the protection of the blos- 
soms (ut omnia bene, drjlorescerent, Plin. /. c ; com- 
pare Veil. Pat. i. 1 4 ; Varro, l)e lie HuM. i. 1 ). 
Some time after its institution at Rome its 
celebration was discontinued ; but in the consul- 
ship of L. Postliminy Albinos and M. Popilius 
Lacnas (173 B.C.), it was restored, at the com- 
mand of the senate, by the aedile C. Sorvilius 
(Kckhel, Ik- Sum. Vet. v. p. 308 ; compare Ovid, 

I a I. \. 329, \c.), at tin- I.I.m. » In that year 

had severely suffered from winds, hail, and rain. 
The celebration was, ns usual, conducted by the 
Oedfloi (Ci& in Yrrr. v. 14 [ Vnler. Max. ii. 10. 8 8; 
Kckhel, /. c), and was carried on with cxccsnivo 
merriment, drinking, and lascivious games. (Mart 



542 



FOCUS. 



FOEDERATAE CIVITATES. 



i. 3; Senec. Epist. 96.) From Valerius Maximus 
we learn that theatrical and mimic representations 
formed a principal part of the various amusements, 
and that it was customary for the assembled people 
on this occasion to demand the female actors to 
appear naked on the stage, and to amuse the 
multitude with their indecent gestures and dances. 
This indecency is probably the only ground on 
which the absurd story of its origin, related by 
Lactantius {Institut. i. 20), is founded. Similar 
festivals, chiefly in spring and autumn, are in 
southern countries seasons for rejoicing, and, as it 
were, called forth by the season of the year itself, 
without any distinct connection with any particu- 
lar divinity ; they are to this day very popular in 
Italy (Voss. ad Virg. Georg. ii. 385), and in ancient 
times we find them celebrated from the southern to 
the northern extremity of Italy. (See Anthespho- 
ria, and Justin, xliii. 4.) The Floralia were 
originally festivals of the country people, which 
were afterwards, in Italy as in Greece, introduced 
into the towns, where they naturally assumed a 
more dissolute and licentious character, while the 
country people continued to celebrate them in their 
old and merry but innocent manner. And it is 
highly probable that such festivals did not become 
connected with the worship of any particular deity 
until a comparatively late period. (Buttmann, 
Myiholog. ii. p. 54.) This would account for the 
late introduction of the Floralia at Rome, as well 
as for the manner in which we find them celebrated 
there. (See Spanheim, De Praest.et Usu Numism. 

ii. p. 145, &c.) [L. S.] 
FOCA'LE, a covering for the ears and neck, 

made of wool and worn by infirm and delicate 
persons. (Hor. Sat. ii. 3. 255 ; Senec. Qu. Nat. 
iv. 13 ; Quintil. xi. 3. 144 ; Mart. i. 121, xiv. 
142.) [J. Y.] 

FOCUS, dim. FO'CULUS (!<m'a: eVxapa, 
t&xap'is, dim. iax^piov), a fire-place ; a hearth ; a 
brazier. The fire-place, considered as the highest 
member of an altar, is described under Ara, p. 1 16. 
Used by itself, it possessed the same sacred cha- 
racter, being, among the Romans, dedicated to the 
Lares of each family. (Plaut. Aul. ii. 8. 16 ; Cato, 
De Re Rust. 15 ; Ovid, Fast. ii. 589, 611, iii. 423; 
Juv. xii. 85 — 95.) It was, nevertheless, made sub- 
servient to all the requirements of ordinary life. 
(Hor. Epod. ii. 43, Epist. i. 5. 7 ; Ovid, Met. viii. 
673 ; Sen. De Cons, ad Alb. 1.) It was sometimes 
constructed of stone or brick, in which case it was 
elevated only a few inches above the ground, and 
remained on the same spot ; but it was also fre- 
quently made of bronze, and it was then variously 
ornamented, and was carried continually from place 
to place. This movable-hearth, or brazier, was 
properly called foculus and ia%i.pa. One is shown 
at p. 190. Another, found at Caere in Etruria, 
and preserved in the British Museum, is repre- 
sented in the annexed woodcut. 




In accordance with the sentiments of veneration 
with which the domestic fire-place was regarded, 
we find that the exercise of hospitality was 
at the same time an act of religious worship. 
Suppliants, strangers, all who sought for mercy 
and favour, had recourse to the domestic hearth as 
to an altar. (Horn. Od. vii. 153 — 169 ; Apoll. 
Rhod. iv. 693.) The phrase " pro aris et focis" 
was used to express attachment to all that was 
most dear and venerable. (Cic. de Nat. Deor. iii. 
40 ; Flor. iii. 13.) Among the Romans the focus 
was placed in the Atrium, which, in primitive 
times, was their kitchen and dining-room. (Virg. 
Aen. i. 726 ; Servius, adloc.) There it remained, 
as we see in numerous examples at Pompeii, even 
after the progress of refinement had led to the use 
of another part of the house for culinary purposes. 
On festivals the house-wife decorated the hearth 
with garlands (Cato, De Re Rust. 143 ; Ovid, 
Trist. v. 5. 10) ; a woollen fillet was sometimes 
added. (Propert. iv. 6. 1—6). [J. Y.] 

FOEDERATAE CIVITA'TES, FOEDE- 
RA'TI, SO'CII. In the seventh century of Rome 
these names expressed those Italian states which 
were connected with Rome by a treaty (foedus). 
These names did not include Roman colonies or 
Latin colonies, or any place which had obtained 
the Roman civitas. Among the foederati were the 
Latini, who were the most nearly related to the 
Romans, and were designated by this distinctive 
name ; the rest of the foederati were comprised 
under the name of Socii or Foederati. They were 
independent states, yet under a general liability to 
furnish a contingent to the Roman army. Thus 
they contributed to increase the power of Rome, 
but they had not the privileges of Roman citizens. 
The relations of any particular federate state to 
Rome might have some peculiarities, but the general 
relation was that expressed above ; a kind of con- 
dition, inconsistent with the sovereignty of the 
federates, and the first stage towards unconditional 
submission. The discontent among the foederati, 
and their claims to be admitted to the privileges of 
Roman citizens, led to the Social War. The Julia 
Lex (b. c. 90) gave the civitas to the Socii and 
Latini ; and a lex of the following year contained, 
among other provisions, one for the admission to 
the Roman civitas of those peregrini who were 
entered on the lists of the citizens of federate states, 
and who complied with the provisions of the lex. 
[Civitas.] It appears, however, that the Lex 
Julia, and probably also the Lex of the following 
year, contained a condition that the federate state 
should consent to accept what the Leges offered, 
or, as it was technically expressed, " populus fundus 
Beret." (Cic. pro Balbo, c. 8.) Those who did 
not become fundi populi did not obtain the civitas. 
Balbus, the client of Cicero, was a citizen of Gades, 
a federate town in Spain. Cn. Pompeius Magnus 
had conferred the Roman civitas on Balbus, by 
virtue of certain powers given to him by a lex. 
It was objected to Balbus that he could not have 
the civitas, unless the state to which he belonged 
" fundus factus esset ; which was a complete mis- 
apprehension, for the term fundus, in this sense, 
applied to a whole state or community, whether 
federate or other free state, which accepted what 
was offered, and not to an individual of such state 
or community, for he might accept the Roman 
civitas without asking the consent of his fellow 
citizens at home, or without all of them receiving 



FOLLIS. 



FOXS. 



543 



the same privilege that was offered to himself. The 
people of a state which had accepted the Roman 
civitas (fundus /actus est), were called, in reference 
to their condition after such acceptance, "fundani." 
This word only occurs in the Latin inscription (the 
Lex Romana) of the tablet of Heraclea, 1. 85, and 
proves that the inscription is posterior to the Lex 
Julia de Civitate. It has indeed been supposed 
that the word may refer to the acceptance by the 
state of Heraclea of this lex which is on the tablet ; 
but there i9 no doubt that it refers to the prior lex 
which gave the civitas. [Fundus.] 

It must be observed that the acceptance of the 
two Leges above mentioned could only refer to the 
federate states, and the few old Latin states. The 
Latinae coloniae also received the civitas by the 
Julia Lex ; but as they were under the sovereignty 
of Rome, their consent to the provisions of this lex 
was not required. 

Before the passing of the Julia Lex, it was not 
unusual for the Socii and Latini to adopt Roman 
leges into their own system, as examples of which 
Cicero mentions the Lex Furia de Testamentis, and 
the Lex Voconia de Mulierum Hereditatibus ; and 
he adds that there were other instances. (Pro 
Jiallto, c. 8.) In such cases, the state which 
adopted a Roman lex was said ' in cam legem 
fundus fieri." It hardly needs remark that the 
state which adopted a Roman lex, did not thereby 
obtain for its citizens any privileges with respect 
to the Roman state : the federate state merely 
adopted the provisions of the Roman lex as being 
applicable to its own circumstances. 

An apparent difficulty is caused by the undoubted 
fact, that the provisions of the Lex Julia required 
that the states which wished to avail themselves 
of its benefits, should consent to accept them. As 
the federate states commenced the war in order to 
obtain the civitas, it may be asked why wa3 it 
given to them on the condition of becoming u fun- 
dus?" In addition to the reasons for such con- 
dition, which are suggested by Savigny, it may be 
observed that the lex only expressed in terms what 
would necessarily have been implied, if it had not 
been expressed : a federate state must of necessity 
declare by a public act its consent to accept such a 
proposal as was contained in the Lex Julia. It 
appears from the cases of Heraclea and Naples, 
that the citizens of a federate state were not in all 
cases unanimous in changing their former alliance 
with Home into an incorporation with the Roman 
state. [Civitas.] 

There were federate cities beyond the limits of 
Italy, as shown by the example of Oades : Sagun- 
tum and Massilia also are enumerated among such 
cities. (Savigny, IWWi/wj iler Taftl Vim Ilrru- 
clen, ZeitscltriJ), Acc. vol. ix. ; Mazochi, Tah. Ilnrtic. 
p. 465.) [G.L.] 

FOKDI'S. f FoKDKKATAK Cl VITAT K.s. j 

FOENUS. [Fen us.] 

FOLLIS, dim. FUNI CULUS, an inflated 
ball of leather, perhaps originally the skin of a 
quadruped filled with air: Martial (iv. 19) calls 
it " light as a feather." Hoys and old men among 
the Romans threw it from one to another with 
their arms and hands ns a gentlu exercise of the 
body, unattended with danger. (Mart. vii. 31, 
xiv. 15, 47 ; Athcn. i. 25.) The emperor Au- 
gustus (Sui t. Aug. 88) became fond of the exercise 
as he grew old. (See Becker, Ualtus, vol. i. 
p. 271.) 



The term follis is also applied to a leather purse 
or bag (Plaut. Aul. ii. 4. 23 ; Juv.xiv. 281) ; and 
the diminutive folliculus to the swollen capsule of 
a plant, the husk of a seed, or anything of similar 
appearance. (Senec. A T ut. Quaest. v. 18; Tertull. 
De Res. Cam. 52.) 

Two inflated skins (Svo (piaat, Herod. L 68 ; 
{tlnrvpa, Ephor. Frag. p. 188 ; irp7]<TTrjpes, Apoll. 
Rhod. iv. 763, 777), constituting a pair of bellows, 
and having valves adjusted to the natural apertures 
at one part for admitting the air, and a pipe in- 
serted into another part for its emission, were an 
essential piece of furniture in every forge and foun- 
dry. (11. xviii. 372 — 170 ; Virg. Aen. viii. 440.) 
According to the nature and extent of the work 
to be done the bellows were made of the hides of 
oxen (taurinis follibus, Virg. Georg. iv. 171), or of 
goats (hircinis, Hor. Sat. i. 4. 19), and other 
smaller animals. The nozzle of the bellows was 
called axpotyvinov or aKpo<n6pnov (Thucyd. iv. 
100 ; Eust in 12. xviii. 470). In bellows made 
after the fashion of those exhibited in the lamp 
here introduced from Bartoli (Ant. Lucerne, hi. 21), 
we may imagine the skin to have been placed be- 
tween the two boards so as to produce a machine 
like that which we now employ. [J. Y.J 




FOXS (xpfivT)), signifies originally a natural 
spring of water, but both the Greeks "and Romans 
had artificial fountains, made either by covering 
and decorating a spring with buildings and sculp- 
ture, or by making a jet or stream of water, sup- 
plied by an elevated cistern, play into an artificial 
basin. Such fountains served the double purpose 
of use and ornament Among the Greeks, they 
formed the only public supply of water except tho 
rain-water which was collected in cisterns [Aquae- 
ductus] ; and at Rome, the poorer people, who 
could not afford to have water laid on to their 
houses, no doubt procured it from the public foun- 
tains. 

Several examples of natural springs, converted 
into ornamented fountains, in the cities of Greece, 
have been mentioned under Aqmaeductus. They 
were covered to keep them pure and cool, and tho 
covering was frequently in the form of a monopteral 
temple : there were also statues, the subjects of 
which were suggested by the circumstance that 
every fountain was sacred to some divinity, or they 
we re taken from the whole range of mythological 
legends. That at Mej-ara, erected by Thcagcnes, 
ii ilewrilied by I'.iiKiiii.'n an ni.rtli seeing for its 
size, its beauty, and the number of its columns (i. 
40. § l). That of Peirenc nt Corinth was adorned 
with covered cisterns of white marble, like grottoes, 



544 FONS. 
out of which the water flowed into the open air, 
and with a statue of Apollo, and was enclosed with 
a wall, on which was painted the slaughter of the 
suitors by Ulysses. (Paus. ii. 3. § 3 ; see a paper 
by Gottling, on the present state of this fountain, 
and of the Craneion, with an engraving of the source 
of the Peirene, in Gerhard's Arch'dologische Zeitung 
for 1844, pp. 326, 328 ; the engraving is given be- 
low.) Corinth contained numerous other fountains ; 




over one of which was a statue of Bellerophon and 
Pegasus, with the water flowing out of the horse's 
hoofs (76. § 5) ; over another, that of Glauce, was 
the Odeium {lb. § 6) ; and another was adorned 
with a bronze statue of Poseidon, with a dolphin at 
his feet, out of the mouth of which the water flowed. 
(Paus. ii. 2. § 7. s. 8.) In the same city, was 
another fountain on a still grander scale ; namely, 
that of Lerna, which was surrounded by a colonnade 
with seats for those who desired a cool retreat in 
summer ; the water was no doubt collected in a 
spacious basin in the centre. {Ib. 4. § 5. s. 6 ; see 
also 5. § 1.) Several other fountains of a similar 
kind to these are described or referred to by Pausa- 
nias (ii. 27, iv. 31, 33, 34, vii. 5, 21, viii. 1), 
among which two deserve special mention, as they 
were within temples ; namely, that in the temple 
of Erechtheus at Athens, and of Poseidon at Man- 
tineia, which were salt-water springs (i. 2G. § 5, 
viii. 10. § 4). Vitruvius mentions the fountain of 
Salmacis as among the admirable works of art at 
Halicarnassus. (ii. 8. § 12.) 

The Romans also erected edifices of various de- 
grees of splendour over natural springs, such as the 
well-known grotto of Egeria, near Rome, where 
the natural cave is converted by the architect into 
a sort of temple (comp. Plin. H. N. xxxvi. 21. 
s. 42), and the baptisterium of Constantine. A 
simple mode of decorating less considerable springs 
was by covering them with a vault, in the top of 
which was an opening, surrounded by a balustrade, 
or by a low wall adorned with marble bas-reliefs, 
one example of which, among many, is seen in a 
relief representing the twelve gods, now in the Capi- 
toline Museum. In all cases, a cistern was con- 
structed to contain the water, either by cutting it 
out of the living rock, or (if the spring did not rise 
out of rock) by building it of masonry. Vitruvius 
discusses at length the different sorts of springs, 
and gives minute rules for testing the goodness of 
the spring, and for the construction of the cisterns 
(viii. 3. 7). The observations of Vitruvius apply 
chiefly to those springs and cisterns which formed 
the sources of the aqueducts. 

At Rome, a very la r ge proportion of the im- 
mense supply of water brought to the city by the 
aqueducts, was devoted to the public fountains, 



. FONS. 

which were divided into two classes ; namely, 
lacus, ponds or reservoirs, and salientes, jets of 
water, besides which many of the castella were 
so constructed as to be also fountains. (See Aquae- 
ductus, p. 114, b, and the woodcut.) Agrippa, 
who during his aedileship paid special attention to 
the restoration of the Roman waterworks, is said to 
have constructed 700 lacus, 105 salientes, and 130 
castella, of which very many were magnificently 
adorned ; they were decorated with 300 bronze 
or marble statues, and 400 marble columns. (Plin. 
H. N. xxxvi. 15. s. 24. § 9.) There were also 
many small private fountains in the houses and 
villas of the wealthy. (Plin. Epist. v. 6.) At 
Pompeii, the fountains are extremely numerous, 
and that not only in the streets and public places, 
especially at the junctions of streets {in biviis, in 
triviis) ; but also in private houses. The engraving 
on p. 109 represents a section of one of these foun- 
tains, in which the water pours into a basin ; that 
now given, in which the water is thrown up in a 
jet, is taken from an arabesque painting on the wall 




of a house at Pompeii : in the painting, the vase and 
pedestal rise out of a sheet of Water, which may 
be supposed to represent the impluvium in the 
atrium of a house. (Respecting the fountains of 
Pompeii, see Pompeii, vol. i. p. 131, vol. ii. pp. 71, 
78, and Sir W. Gell's Pompeiana, vol. i. pp. 390, 
395, plates 50, 53.) The proof which these foun- 
tains afford, of the acquaintance of the ancients 
with the chief law of hydrostatics is noticed under 
Aquaeductus, p. 109. 

The forms given to fountains were as numerous 
as the varieties of taste and fancy. The large flat 
vases were a common form, and they are found, of 
5, 10, 20, and 30 feet in diameter, cut out of a 
single piece of some hard stone, such as porphyry, 
granite, basanite, breccia, alabaster and marble. An 
ingenious and elegant variety, of which there is a 
specimen in the Capitoline Museum, is a tripod, up 
the centre of which the jet passes, the legs being 
hollow to carry off the water again. Very often 
the water was made to flow out of bronze statues, 
especially of boys, and of Tritons, Nereids, Satyrs, 
and such beings : several of these statues have been 
found at Pompeii ; and four of them are engraved 
in Pompeii, vol. i. p. 104, one of which is given be- 
low. On the Monte Cavallo, at Rome, is a colossal 
statue of a river god, probably the Rhine, which 
was formerly in the forum of Augustus, which it 
refreshes with a stream of water pouring con- 
tinually into a basin of granite twenty-seven feet 
in diameter. The celebrated group, known as 
the Toro Farnese, originally, in Hirt's opinion, 
adorned a fountain. Mythological subjects were 



FORFEX. 




of Jupiter. (Stieglitz, Arclt'dol. d. liaukunst, vol. ii. 
pt. 2. pp. 76, 79 ; Ilirt, Le/ire der Oel'duJe, pp.399, 

403.) [P.S.] 

FORCEPS (rvpdypa), tongs or pincers, need 
no further explanation here, as they were used in 
antiquity for the same purposes as they arc in 
modern times. They were invented, as the ety- 
mology indicates, for taking hold of what is hot 
(foreum, Festus, t. v. ; Scrvius, ad Virg. Georg. 
iv. 175, Aen. viiu 453, xii. 404), used by smiths, 
and therefore attributed to Vulcan and the Cy- 
clopes. (Virg. IL cc. ; Horn. //. xviii. 477, Od. 
iii. 434 ; Callim. in Del. 144 ; forcipe curva, Ovid, 

AM.xii.2770 [Incus; Malleus.] 
FORES. [JANtu.] 

FORFEX, dim. FORFICULA (^oAi'r, dim. 
iJiaAi'JW), shears (Serv. in Virg. Aen. viii. 453), 
used, 1. in shearing sheep, as represented in the 
annexed woodcut, which is taken from a cornelian 




in the Stotch collection of antique gems at Rerlin ; 
2. in cutting hair (Eurip. Ore.it. 954 ; Schol. in Inc.; 
llrunck. Anal. iii. 9 ; Virg. Catal. vii. 9 ; frrrn 
livlnili. ('iris, 213) ; 3. in clipping hedges, myrtles, 
and other shrubs (i^oAiittoI pvy.nru.i-t », Ilierocles, 
up. SUJh. Serm. 65.) 

In military manoeuvres the forfex was a tcnaille, 
i. e. a body of troops arranged in the form of an 
acute angle, so ns to receive and overcome the op- 
pose body, called a Cuncus. ((jell. x. 9 ; Amm. 
Marc. xvi. 1 1.) 

In architecture the term i^aAi't denoted a con- 
struction which was probably the origin of the arch 
(Macculloch's West Island*, i. p. 142, iii. p. 49), 
consisting of two stones leaning against each other 



FORXACALIA. 545 
so as to form an acute angle overhead, as is seen 
in the entrance to the pyramid of Cheops and in 
the ruins of Mycenae ; and gradually brought nearer 
to the forms which we now employ. (See woodcut, 
p. 125.) (Plat. De Leg. xii. p. 292. ed. Bekker ; 
Diod. Sic. ii. 9.) [J. Y.] 

FORI. [Xavis ; Cmcrs, p. 283, b.J 
FORMA. <&n. FORMULA, second dim. FOR- 
MELLA (twtos), a pattern, a mould ; any con- 
trivance adapted to convey its own shape to some 
plastic or flexible material, including moulds for 
making pottery, pastry, cheese, bricks, and coins. 
The moulds for coins were made of a kind of stone, 
which was indestructible by heat (Plin. //. 2V. 
xxxvi. 49.) The mode of pouring into them the 
melted metal for casting the coins will be best 
understood from the annexed woodcut, which re- 
presents one side of a mould, engraved by Serous 




d'Agincourt. Moulds were also employed in making 
walls of the kind, now called pise, which were 
built in Africa, in Spain, and about Tarentum. 
(Varro, De Re Hurt. i. 14 ; Pallad. i. 34 ; parities 
formaee.i, Plin. //. N. xxxv. 48.) The shoe- 
maker's last was also called forma (Ilor. Sal. ii. 3. 
106) and tentipcllium ( Festus, s. v.), in Greek 
KaAoVous. (Plato, Omrir. p. 404, ed. Bekker.) 

The spouts and channels of aquncducts arc called 
formae, perhaps from their resemblance to some of 
the moulds included in the above enumeration. 
(Frontin. D» Atpiacdurt. 75, 126.) [J. Y.] 

FORMULA. [Actio.] 

FOKNACA'LIA, a festival in honour of 
Fornax, the goddess of furnaces, in order that the 
corn might be pmperly baked. (Fcstus, t. v.) This 
ancient festival is said to have been instituted by 
Xuma. (Plin. //. A', xviii. 2.) The time for its 
celebration was proclaimed every year by the Curio 
M.nimus, who announced in tablets, which were 
placed in the forum, the different [part which each 
curia had to take in the celebration of the festival. 
Those persons who did not know to what curia 
they belonged, performed the sacred rites on the 
Quirinalia, called from this circumstance the Slul- 
tnruni frriae, which fell on the last day of the 
Fornacalia. (Ovid, l'asli,\\. 527 ; Varr<p, Dc Ling. 
N N 



546 FORNAX. 

Lat. vi. 13, with Miiller's note ; Festus, s. v. 

Quirinalia, Stultor. feriae.) 

The Fornacalia continued to be celebrated in 
the time of Lactantius. (Lactant. i. 20.) 

FORNAX, dim. FORNA'CULA (Kd/iivos, 
dim. KajAvLov), a kiln ; a furnace. The construc- 
tion of the kilns used for baking earthenware 
[Fictile] may be seen in the annexed woodcut, 
which represents part of a Roman pottery discovered 
at Castor, in Northamptonshire. (Artis's Duro- 
brivae, Lond. 1 828.) The dome-shaped roof has 
been destroyed ; but the flat circular floor on which 
the earthenware was set to be baked is preserved 
entire. The middle of this floor is supported by a 




thick column of brick-work, which is encircled by 
the oven (furnus, K\'tgavos). The entrance to the 
oven (praefumium) is seen in front. The lower 
part of a smelting-furnace, shaped like an inverted 
bell, and sunk into the earth, with an opening and 
a channel at the bottom for the discharge of the 
melted metal, has been discovered near Aries. 
(Florencourt, uber die Bcrgwerke der Alien, p. 30.) 
In Spain these furnaces were raised to a great 
height, in order that the noxious fumes might be 
carried off. (Strabo, iii. 2. p. 391, ed. Sieb.) They 
were also provided with long flues (longinquae for- 
nacis cuniculo, Plin. H. N. ix. 62), and with cham- 
bers (camerae) for the purpose of collecting more 
plentifully the oxides and other matters by subli- 
mation (Ibid, xxxiv. 22. 33 — -41). Homer de- 
scribes a blast-furnace with twenty crucibles 
(xoavol, II. xviii. 470). Melting-pots or crucibles 
have been found at Castor (Artis, pi. 38), and at 
different places in Egypt, in form and material 
very like those which we now employ. (Wilkin- 
son, Man. and Cust. vol. iii. p. 224.) A glass-house, 
or furnace for making glass, was called vtXovp-ytiov. 
(Dioscor. v. 182.) 

Furnaces of an appropriate construction were 
erected for casting large statues of bronze (Claud. 
De Laud. Stil. ii. 176), and for making lamp-black. 
(Vitruv. vii. 10.) [Atramentum.] The lime- 
kiln (fornax calcaria) is described by Cato. 
(De Re Rust. 38 ; see also Plin. H. N. xvii. 6 ; 
Vitruv. vii. 3.) On the mode of heating baths, 
see p. 193. 

The early Romans recognized, under the name 
of Fornax, a divinity who presided over ovens and 
furnaces [Fornacalia]. [J. Y.] 



FORUM ' 

FORNIX, in its primary sense, is synonymous 
with Arcus (Senec. Ep. 90), but more commonly 
implies an arched vault, constituting both roof and 
ceiling to the apartment which it encloses. (Cic. 
Top. 4.) It is composed of a semicylindrical and 
oblong arch like the Camera, but differs from it in 
construction, consisting entirely of stone or brick, 
whereas the other was formed upon a frame-work 
of wood, like the skeleton of a ship (Sallust, 
Jugurth. 18 ; Suet. Nero, 34 ; Camera) ; both of 
which methods appear to have been sometimes 
united, as in the roof of the Tullianum, described 
by Sallust (Cat. 55), where the ribs of the Camera 
were strengthened by alternate courses of stone 
arches.* 

From the roof alone, the same word came to 
signify the chamber itself, in which sense it de- 
signates a long narrow vault, covered by an arch 
of brick or masonry (tectum foi-nicatum ), similar to 
those which occupy the ground floors of the modern 
Roman palaces. Three such cells are represented 
in the annexed woodcut, from the remains of a 
villa at Mola di Gaieta, which passes for the For- 
mian Villa of Cicero. They are covered internally 
with a coating of stucco, tastily ornamented, and 
painted in streaks of azure, pink, and yellow. 




Being small and dark, and situated upon the 
level of the street, these vaults were occupied by 
prostitutes (Hor. Sat. i. 2. 30 ; Juv. Sat. iii. 156 ; 
xi. 171 ; compare Suet. Jul. 49), whence comes 
the meaning of the word fornicatio in the eccle- 
siastical writers, and its English derivation. 

Fornix is also a sallyport in the walls (Liv. 
xxxvi. 23 ; compare xliv. 11) ; a triumphal arch 
(Cic. De Orat. ii. 66) ; and a street in Rome, which 
led to the Campus Martins, was called Via For- 
nicata (Liv. xxii. 36), probably on account of the 
triumphal arches built across it. [A. R.] 

FORUM. As the plan of the present work 
does not include a topographical description of the 
various fora at Rome, the following article only 
contains a brief statement of the purposes which 
they served. 

Forum, originally, signifies an open place (area) 
before any building, especially before a sepulcrum 
(Festus, s.v. ; Cic. De Leg. ii. 24), and seems, 
therefore, etymologically to be connected with the 
adverb foras. The characteristic features of a Ro- 
man forum were, that it was a levelled space of 



* " Tullianum .... muniunt undique parietes, 
atque insuper Camera, lapideis fornicibus vincta." 
If the stone chamber now seen at Rome under the 
Mammertine prisons was really the Tullianum, as 
commonly supposed, it is not constructed in the 
manner described ; being neither cameratum nor 
fornicatum, but consisting of a circular dome, formed 
by projecting one course of stones beyond the 
course below it, like the treasury of Atreus at 
Mycenae, described at p. 125. [Arcus.] 



FORUM. 



FRAMEA. 



547 



ground of an oblong form, and surrounded by build- 
ings, houses, temples, basilicae or porticoes. (Vitruv. 
v. 1, 2.) It was originally used as a place where 
justice was administered, and where goods were 
exhibited for sale. (Varro, De Ling. hit. v. 145, 
ed. Miiller.) We have accordingly to distinguish 
between two kinds of fora ; of which some were 
exclusively devoted to commercial purposes, and 
were real market-places, while others were places 
of meeting for the popular assembly, and for the 
courts of justice. Mercantile business, however, 
was not altogether excluded from the latter, and it 
was especially the bankers and usurers who kept 
their shops in the buildings and porticoes by which 
they were surrounded. The latter kinds of fora 
were sometimes called fora jwliciulia, to distinguish 
them from the mere market-places. 

Among the fora judicialia the most important 
was the Forum Itomanum, which was simply called 
forum, as long as it was the only one of its kind 
which existed at Rome. At a late period of the 
republic, and during the empire, when other fora 
judicialia were built, the Forum Romanum was 
distinguished from them by the epithets reius or 
magnum. It was situated between the Palatine 
and the Capitoline hills, and its extent was seven 
jugcra, whence Varro (De lie Hast. i. *2) calls it 
the " Septem jugcra forenaia." It was originally 
a swamp or marsh, but was said to have been filled 
up by Romulus and Tatius, and to have been set 
apart as a place for the administration of justice, 
for holding the assemblies of the people, and for 
the transaction of other kinds of public business. 
(Dion. Hal. Ant. Horn. iii. p. 200, compare ii. p. 
1 18, Sylburg.) In this widest sense the forum 
included the comitium, or the place of assembly 
for the curiae (Varro, he Ling. Lai. v. 15.5, Miiller), 
which was separated from the forum in ita narrower 
sense, or the place of assembly for the comitia tri- 
buta, by the Rostra. (Niebuhr, Hist, of Home, i. 
p. 291. note 746, and p. 42b'. note 990 ; Walter, 
OmA 'tea Horn. /Mils, p. 83 ; Gbttling, Gescli.der 
Horn. Stantmxrf. p. 155.) These ancient rostra 
were an elevated Bpace of ground or a stage (sug- 
geslum), from which the orators addressed the peo- 
ple, and which derived their name from the circum- 
stance that, after the subjugation of Latium, its 
sides were adorned with the beaks (rostra) of the 
ships of the Antiates. (Liv. viiL 14.) In subse- 
quent times, when the curiae had lost their import- 
ance, the accurate distinction between comitium 
and forum likewise ceased, and the comitia tributa 
were sometimes held in the Circus Flaminius ; but 
towards the end of the republic the forum seems to 
have been chiefly used for judicial proceedings, and 
as a money market ; hence Cicero (De Oral. i. 36) 
distinguishes between a speaker in the popular 
nssembly (orator) and the mere pleader: " Kgo 
istos non mode nmtnris nomine, sed ne foro quidem 
dignos putarim." The orators when nddrcssing 
the people from the rostra, and even the tribunes 
of the people in the early times of the republic, used 
to front the comitium and the curia ; but C. Grac- 
chus (I'lut. ('. (Jracch. 5), or, according to Varro 
(Dt lie Hiut. i. 2) and Cicero (De Amicit.2H), C. 
Licinius, introduced the custom of facing the 
forum, thereby acknowledging the sovereignty of 
the people. In .'1011 B.C the Romans adorned the 
fanni, or rather the bankers' shops (argrntarias) 
nmiind, with gilt shields which they had taken 
from the Sanuiiles ; and this custom of adorning 



the forum with these shields and other ornaments 
was subsequently always observed during the time 
of the Ludi Romani, when the Aediles rode in 
their chariots (tensae) in solemn procession around 
the forum. (Liv. ix. 40 ; Cic. in Vcrr. i. 54, and 
iii. 4.) After the victory of C. Duilins over the 
Carthaginians the forum was adorned with the 
celebrated columna rostrata [Coh.mna]. In the 
upper part of the forum, or the comitium, the laws 
of the Twelve Tables were exhibited for public 
inspection, and it was probably in the same part 
that, in 304 B. c, Cn. Flavius exhibited the Fasti, 
written on white tables (in alio), that every citizen 
might be able to know the days on which the law 
allowed the administration of justice. (Liv. ix. 4(j. ) 
Besides the ordinary business which was carried 
on in the forum, we read that gladiatorial games 
were held in it (Vitruv. v. 1, 2), and that prisoners 
of war and faithless colonists or legionaries were 
put to death there. (Liv. vii. 19, ix. 24, xxviii. 
28.) 

A second forum judiciarium was built by J. 
Caesar, and was called Forum Caesaris or Jtdii. 
The levelling of the ground alone cost him above 
a million of sesterces, and he adorned it besides 
with a magnificent temple of Venus Genitrix. 
(Suet. J. does. 26 ; Plin. //. A r . xxxiv. 15 ; Dion 
Cass, xliii. 22.) 

A third forum was bu^lt by Augustus and called 
Forum Auijusti, because the two existing ones 
were not found sufficient for the great increase of 
business which had taken place. Augustus adorned 
his forum with a temple of Mars and the statues 
of the most distinguished men of the republic, and 
issued a decree that only the judicia jiuUica and 
the sortitiones judicum should take place in it. 
(Suet. Octav. 29 and 31 ; compare Dion Cass. Ivi. 
27 ; Plin. //. N. I. c. ; Veil. Pat. ii. 39 ; Ovid, Fx 
Pont, iv. 15, 16 ; Martial, iii. 38. 3; Seneca, De 
Ira, ii. 9 ; Stat. SOo. iv. 9. 1 5.) After the Forum 
Augusti had severely suffered by fire, it was re- 
stored by Iladrianus. (Ael. Spart. Iladr. c. 
19.) 

The three fora which have been mentioned seem 
to have been the only ones that were destined for 
the transaction of public business. All the others, 
which were subsequently built by the em p' Mrs, 
such as the Forum Trajuni or Ulpium, the Forum 
Sullustii, Forum Diocletiani, Forum Aunliaui, Ace., 
were probably more intended as embellishments of 
the city than to supply any actual want 

Different from these fora were the numerous 
markets at Rome, which were neither as large nor 
as beautiful as the former. They are always dis- 
tinguished from one another by epithets expressing 
the particular kinds of things which were sold in 
them, e.g. forum lioarium, according to FesttU. the 
cattle-market; according toothers, it derived the 
name bonrium from the statue of an ox which stood 
there (Plin. //. .V. xxxiv. 2; Ovid, Fast. vi. • 177 ); 
forum olitoriiim, the vegetable market (Varro, De 
Ling. hit. v. I 16); forum fiisrarinm, linh-market ; 
forum eujicdinii, market for dainties ; forum eo- 
ijuinum, a market in which cooked and prepared 
dishes were to be had, ice. 

(Respecting the fora in the provinces, see the 
articles CoLonia and Convkntus ; rnm|.are 
Sigoniut, De Anlin. ./nr. hot. ii. J. 5, and Walter, 
(.. .1. /,;„„. Hrrhtn, p. 206.) [L.S.J 

FOSSA. [Cahtra.J 
FRAMEA. [Hamm.] 
N n 2 



548 



FRENUM. 



FRUM ENTARIAE LEGES. 



FRATRES ARVA'LES. [Arvales Fra- 

TRES.] 

FRAUS. [Poena.] 

FRENUM ( X aAiv6s), a bridle. That Belle- 
rophon might be enabled to perform the exploits 
required of him by the king of Lycia, he was pre- 
sented by Athena with a bridle as the means of 
subduing the winged horse Pegasus, who submitted 
to receive it whilst he was slaking his thirst at the 
fountain Peirene. See the annexed woodcut, from 




an antique which represents this event, and com- 
pare Pindar, Olymp. xiii. 85 — 115. Such was the 
Grecian account of the invention of the bridle, and 
in reference to it Athena was worshipped at 
Corinth under the titles "lirnia and XaXtvlris. 
(Paus. ii. 4. §§1, 5.) The several parts of the 
bridle, more especially the bit, are engraved from 
ancient authorities in the treatises of Invernizi 
(De Frenis), Ginzrot ( Ueber Wdgen), and Bracy 
Clark (Chalinology, Lond. 1 835). 

The bit (orea, Festus, $. v. ; iriyfia, Brunck, 
Anal. ii. "237 ; ard/juov, Aeschyl. Prom. 1045) 
was commonly made of several pieces, and flexible, 
so as not to hurt the horse's mouth ; for the Greeks 
considered a kind and gentle treatment the best 
discipline, although, when the horse was intract- 
able, they taught it submission by the use of a bit 
which was armed with protuberances resembling 
wolves'-teeth, and therefore called lupatum. (Xen. 
De Re Eg. vi. 13, x. 6 ; Virg. Georg. iii. 208 ; Hor. 
Carm. i. 8. 7 ; Ovid, Amor. i. 2. 15.) The bit 
was held in its place by a leathern strap passing 
under the chin, and called uTroxaAij/iSia, for which 
a chain (■tya.Xwv) was often substituted ; a rope or 
thong, distinct from the reins, was sometimes fast- 
ened to this chain or strap by means of a ring, and 
was used to lead the horse (pvrayuiyevs, Xen. /. c. 
vii. 1 ; Aristoph. Pac. 154). The upper part of 
the bridle, by which it was fixed round the ears, is 
called by Xenophon Kopvcpaia. (iii. 2), and it in- 
cluded the Ampyx, which was often ornamental. 
The cheek -pieces (irapi)'iov, Horn. II. iv. 142 ; 
irapayva.Q'io'wv, Eustath. ad foe), which joined this 
upper portion to the bit, were also in some cases 
richly adorned, especially among the nations of 
Asia. Those who took delight in horsemanship 
bestowed, indeed, the highest degree of splendour 
and elegance upon every part of the bridle, not ex- 
cepting the bit, which, though commonly of bronze 
or iron, was sometimes silver or gold {fulvum 
mandunt sub dentibus aurum, Virg. Aen. vii. 279). 
These precious metals were also either embossed 
(frena caelata, Apul. De Deo Soc.) or set with 
jewels. (Claud. Epig. 34. 36.) 



Not only was the bridle dispensed with in the 
management of creatures invented by the imagi- 
nation of the poet (Aeschyl. Prom. 294), but of 
some which were actually trained by man to go 
without it. Thus the Numidian desultor guided 
his two horses by the whip, and the Gallic esse- 
darius, on the banks of the Rhone, directed and 
animated his mules entirely by the voice. (Claud. 
Epig. 4.) ' [J. Y.] 

FRIGIDA'RIUM. [Balneae, pp. 189, 190.] 

FRITILLUS (<ptfj.6s), a dice-box of a cylin- 
drical form, and therefore called also turricida 
(Mart. xiv. 16), or pyrgus (Sidon. Epist. viii. 12), 
and formed with parallel indentations (gradus) on 
the inside, so as to make a rattling noise when the 
dice was shaken it. (Mart. iv. 14, xiv. 1 ; Hor. 
Sat. ii. 7. 17, who uses the Greek form phimus.) 
(Becker, Gallus, vol. ii. p. 222.) [J. Y.] 

FRONTA'LE. [Ampyx.] 

FRUCTUS. [Ususpructus.] 

FRUMENTA'RIAE LEGES. From the 
earliest times the supply of corn at Rome was con- 
sidered one of the duties of the government. Not 
only was it expected that the government should 
take care that the corn -market (annona) was pro- 
perly supplied, but likewise that in all seasons of 
scarcity, they should purchase corn in the sur- 
rounding countries, and sell it to the people at a 
moderate price (Liv. ii. 9, 34, iv. 12, 52, x. 11, 
&c. xxvi. 40; Cic. pro Dom. 5.) This price, which 
is spoken of as annona vetus (Liv. ii. 34), could 
not rise much, without exciting formidable discon- 
tent ; and the administration was in all such cases 
considered to have neglected one of its most im- 
portant duties. The superintendence of the corn- 
market belonged in ordinary times to the aediles, 
but when great scarcity prevailed, an extraordi- 
nary officer was appointed for the purpose under 
the title of Praefectus Annonae (Liv. iv. 12). 
With the decay of agriculture in Italy, which fol- 
lowed the importation of corn from the provinces, 
and the decrease of the free population, the govern- 
ment had to pay still further attention to the supply 
of corn for the city. In addition to this, an in- 
digent population gradually increased in Rome, 
which could not even purchase corn at the moderate 
price at which it was usually sold, aud who de- 
manded to be fed at the expence of the state. 
Even in early times it had been usual for the state on 
certain occasions, and for wealthy individuals who 
wished to obtain popularity and influence, to make 
occasional donations of corn to the people {donatio, 
largitio, divisio ; subsequently called frumentatio). 
But such donations were only casual ; and it was not 
till the year b. c. 123, that the first legal provision 
was made for supplying the poor at Rome with 
corn at a price much below its market value. In 
that year C. Sempronius Gracchus brought forward 
the first Lex Frumentaria, by which each citizen was 
entitled to receive every month a certain quantity of 
wheat (triticum) at the price of 6^- asses for the rao- 
dius, which was equal to 1 gallon and nearly 8 pints 
English.* (Liv. Epit. 60 ; Appian, B. C. i. 21 ; 

* The price of 6^ asses (senos aeris et trientes) oc- 
curs in the Schol. Bob. ad Cic. Sext. c. 25. p. 300. 
c. 48, p. 300 ; but in the editions of Livy (Ep. 60), 
we find ut semisse et triente/rumentum plebi daretur, 
that is, at fths of an as. But instead of semisse, 
the manuscripts have semis, sejeis, sesis, evidently for 
senis, and therefore there can be little doubt that 



FRUMENTARIAE LEGES. 
Plut. C. Gracchus, 5 ; Veil. Pat. iL 6 ; Cic. pro 
Sext. 48.) This was only a trifle more than half 
the market price, since in the time of Cicero 3 ses- 
terces = 12 asses were considered a low sum for a 
modius of wheat (Bb'ckh, MetroL Untersch. p. 426.) 
It must not be supposed that each person was 
allowed to receive as much as he pleased every 
month ; the quantity must of course have been 
fixed, and was probably five modii monthly, as 
in later times. This quantity was only given to 
fathers of families ; but it was not confined to the 
poor, as Plutarch (/. c,) would imply, for every 
citizen had a right to it, whether he were rich or 
poor ((Kairrtf tCiv Srifiorwv, Appian, /. c. ; viritim, 
Cic. Tunc. Disp. iii. 20) ; and even Piso, who had 
been consul, applied for his share at the distribution 
(Cic. c.) It appears, however, from the anecdote 
which Cicero relates about Piso, that each citizen 
had to apply in person, a regulation which would 
of itself deter most of the rich. The example that 
had been set by Gracchus was too tempting not to 
be followed, although the consequences of such a 
measure were equally prejudicial to the public 
finances and the public morality. It emptied the 
treasury, and at the same time taught the poor to 
become state-paupcrs instead of depending upon 
their own exertions for obtaining a living. 

The demagogue Appuleius Saturninus went 
still further. In B.C. 100 he brought forward 
his /.. . Apj/uleia, by which the state was to sell 
com at $ths of an as for the modius. The city 
quaestor Q. Cacpio pointed out that the treasury 
could not bear such an expense, and the most 
violent opposition was offered to the measure. It 
is doubtful whether it ever passed into a law ; 
and it is at all events certain that it was never 
carried into execution (Auctor, ad llerenn. i. 12 ; 
comp. Cic. de Ley. ii. 6.) The Lex Livia, which 
was proposed by the tribune, M. Livius Drusus, 
in B. c. 91, was likewise never carried into effect, 
as it was repealed by the senate, together with all 
his other laws as passed in opposition to the 
auspices. Of the provisions of this Lex Frumentoria 
we have no account (Liv. Epit. 71). About the 
same time, either shortly before or shortly after 
the Lex Livia, the tribune M. Octavius, supported 
by the aristocracy, brought forward the Le-x Oc- 
taria, which modified the law of Gracchus to some 
extent, so that the public treasury did not Buffer 
so much. lie probably either raised the price of 
the corn, or diminished the number of modii which 
each citizen was entitled to receive. (Cic. Unit. 
22, <!■■ Off. ii. 21.) Sulla went still further, and 
by his l,ex Cornelia, a. c. 82, did away altogether 
with these distributions of corn, so that in the 
language which Sallust puts into the mouth of 
Lepidus, popuhu HomanuM — ne tereUia guidem 

alumnta reiu/ua halnt. (Sail. Hint, in Oral, hjiiil. 
p. '.I'M), ed. Cort.) Hut the senate Boon found it 
inexpedient to deprive the people of their cus- 
tomary largesses, as the popular party began to 
increase in power ; and it was accordingly at the 
desire of the senate, that the consuls of B. c. 73 
brought forward the Isx Terrnlia Caiwia, which 
was probably only a renewal of the Lex Scmpronia, 
with one or two additions respecting the manner in 
which the state was to obtain the corn. The law 
enacted that each Unman citizen should receive 5 



we ought to read whm instead of trmiue. (Mornm- 
len, Die Uomisclien TriblU, p. 179.) 



FRUMENTARIAE LEGES. 54!) 
modii a month at the price of Gj asses for each 
modius. It appears from the various orations of 
Cicero, that by this law the provinces were 
obliged to furnish the greater part of the corn at a 
fixed price, which was paid by the Roman trea- 
sury, and that the governors of the provinces had 
to take care that the proper quantity of corn was 
supplied. (Cic. Verr. iii. 70, v. 21, pro Sext. 25 ; 
Ascon. in Pis. 4, p. 9, ed. Orelli.) Occasionally 
extraordinary distributions of corn were made in 
virtue of decrees of the senate. (Cic. Verr. I. c. ; 
Plut. Cat. min. 26, Caes. 8.) 

All the Leges Frumentariae, that have been 
hitherto mentioned, had sold corn to the people, 
although at a price much below what the state 
had paid for it ; but as the great party-leaders to- 
wards the close of the republic were ready to pur- 
chase the support of the people at any sacritice to 
the state, the distribution of corn became at length 
quite gratuitous. Caesar, in his consulship, B.C. 59, 
had threatened to make it so (Cic. ad Alt. ii. 19 ; 
comp. pro Dom. 10) ; and this threat was carried 
into execution in the following year, B. c. 58, by 
the Lex Clodia of the tribune Clodius. The corn 
was thus in future distributed without any pay- 
ment ; and the abolition of the payment cost the 
state a fifth part of its revenues. (Cic. pro Seat. 
25 ; Schol. Hob. ad Seat. 25, p. 301, ed. Orelli ; 
Ascon. in Pi's. 4. p. 9 ; Dion Cass, xxxviii. 13.) 
In B. c. 57, Pompey received bv the Lex Cornelia 
Caecilia the superintendence of the corn-market 
(cura annonae) for a period of five years ; but no 
alteration was made in the distribution of corn bv 
virtue of this measure. The only extension which 
he gave to the distribution was by allowing those 
citizens, whose names had not hitherto been en- 
tered in the lists of the censors, to share in the 
bounty of the state. (Dion Cass, xxxix. 24.) 

The dangerous consequences of such a system 
did not escape the penetration of Caesar ; and ac- 
cordingly, when he became master of the Roman 
world, he resolved to remedy the evils attending 
it, as far as he was able. He did not venture to 
abolish altogether these distributions of corn, but 
he did the next best thing in his power, which 
was reducing the number of the recipients. During 
the civil wars numbers of persons, who had no 
claim to the Roman franchise, had settled at Rome 
in order to obtain a share in the distributions of 
corn. The first thing, therefore, that Caesar did 
was to have an accurate list made out of all the 
corn-receivers, and to exclude from this privilege 
every person who could not prove that he w&s a 
Roman citizen. By this measure the 320,000 
persons, who had previously received the corn, 
were at once reduced to 150,000.* Having thus 
reduced the number of corn- receivers to 150,000, 
he enacted that this number should not be exceeded 
for the future, and that vacancies that occurred bv 
death, should be filled up every year by lot bv the 
praetor urbanus. (Suet. Cam. 55 ■ Dion Cass, xliii. 
21.) It is further exceedingly probable that ns a 
general rule, the corn was not given even to these 
1.10,0110, but hi. Id ;it a |..w price, a, had been the 
case at an earlier period ; and that it was only to 
the utterly destitute that the corn was supplied 

* It must be borne in mind that this was not a 
census, as Plutarch (Cam. 55) and Appinn (//. C. 
ii. 102) state, but simply an enumeration of thu 
corn-reccivcri. 

t* H 3 



550 FRUMENTARIAE LEGES. 



FRUMENTARIAE LEGES. 



gratuitously : the latter class of persons were fur- 
nished with tickets, called tesserae nummariae or 
frumentariae. Thus we find it stated (Suet. Octav. 
41) that Augustus, on one occasion, doubled the 
number of the tesserae frumentariae. If, therefore, 
the corn was, as a general rule, not given, but sold, 
we may conclude that every citizen was entitled to 
be enrolled in the 150,000 corn-receivers, inde- 
pendent of his fortune. The opposite opinion has 
been maintained by many modern writers ; but the 
arguments, which have been brought forward by 
Mommsen (Die Romisclien Tribus, p. 187) and 
others, but into which our space will not allow us 
to enter, render the above supposition exceedingly 
probable. 

The useful regulations of Caesar fell into neglect 
after his death, and the number of corn-receivers 
was soon increased beyond the limits of 150,000, 
which had been fixed by the dictator. This we 
learn from the Monumentum Ancyranum, in which 
Augustus enumerates the number of persons to 
whom he had given congiaria at different times ; 
and there can be no doubt that the receivers of the 
congiaria and of the public corn were the same. 
Thus, in B. c. 44, and on the three following occa- 
sions, he distributed the congiaria to 250,000 per- 
sons ; and in B. c. 5, the number of recipients had 
amounted to 320,000. At length, in B. c. 2, 
Augustus reduced the number of recipients to 
200,000, and renewed many of Caesar's regula- 
tions. (Suet. Octav. 40 ; Dion Cass. Iv. 10.) He 
had, indeed, thought of abolishing the system of 
corn-distributions altogether on account of their 
injurious influence upon Italian agriculture, but 
had not persevered in his intention from the con- 
viction that the practice would again be introduced 
by his successors. (Suet. Octav. 42.) The chief 
regulations of Augustus seem to have been: 1. 
That every citizen should receive monthly a cer- 
tain quantity of corn (probably 5 modii) on the 
payment of a certain small sum. As the number 
of recipients was fixed by Augustus at 200,000, 
there were consequently 12,000,000 modii distri- 
buted every year. Occasionally, in seasons of 
scarcity, or in order to confer a particular favour, 
Augustus made these distributions quite gratui- 
tous: they then became congiaria. [Congiarium.] 
2. That those who were completely indigent should 
receive the corn gratuitously, as Julius Caesar had 
determined, and should be furnished for the pur- 
pose with tesserae nummariae or frumentariae, which 
entitled them to the com without payment. (Suet. 
Octav. 41.) 

The system, which had been established by 
Augustus, was followed by his successors ; but as 
it was always one of the first maxims of the state 
policy of the Roman emperors to prevent any dis- 
turbance in the capital, they frequently lowered 
the price of the public corn, and frequently dis- 
tributed it gratuitously as a congiarium. Hence, 
the cry of the populace panem et circenses. No 
emperor ventured to abolish the public distributions 
of corn : the most that he dared do, was to raise 
the price at which it was sold. When, therefore, 
we find it stated in Dion Cassius (lxii. 18), that 
Nero did away with the distributions of corn after 
the burning of Rome, we cannot understand this 
literally, but must suppose that he either raised the 
price of the commodity or, what is more probable, 
obliged those poor to pay for it, who had previously 
received it gratuitously. The care, which the 



emperors took to keep Rome well supplied with 
corn, is frequently referred to in their coins by the 
legends, Annona, TJbertas, Abundantia, Liberalitas, 
&c. We find in a coin of Nerva the legend pMiei 
urbanae frumento constituto. (Eckhel, vol. vi. 
p. 406.) 

In course of time, the sale of the corn by the 
state seems to have ceased altogether, and the 
distribution became altogether gratuitous. Every 
corn-receiver was therefore now provided with a 
tessera, and this tessera, when once granted to him, 
became his property. Hence, it came to pass, that 
he was not only allowed to keep the tessera for 
life, but even to dispose of it by sale, and bequeath 
it by will. (Dig.5. tit. 1. s. 52 ; 39. tit. 1. s. 49 ; 39. 
tit. 1. s. 87.) Every citizen was competent to 
hold a tessera with the exception of senators. 
Further, as the corn had been originally distri- 
buted to the people according to the thirty-five 
tribes into which they were divided, the corn- 
receivers in each tribe formed a kind of corporation, 
which came eventually to be looked upon as the 
tribe, when the tribes had lost all political signi- 
ficance. Hence, the purchase of a tessera became 
equivalent to the purchase of a place in a tribe ; 
and, accordingly, we find in the Digest the ex- 
pressions emere tri/mm and emere tesseram used as 
synonymous. (Dig. 32. tit. 1. s. 35.) 

Another change was also introduced at a later 
period, which rendered the bounty still more ac- 
ceptable to the people. Instead of distributing the 
corn every month, wheaten bread, called annona 
civica, was given to the people. It is uncertain at 
what time this change was introduced, but it seems 
to have been the custom before the reign of Aure- 
lian (a. d. 270 — 275), as it is related of this em- 
peror that on his return from his Eastern expedition, 
he distributed among the people a larger quantity of 
bread, and of a different form from that which had 
been usually given. (Vopiscvlaj-eZ. 35 ; Zosim. i. 61.) 
The bread was baked by the Pistores, who delivered 
it to the various depots in the city, from which it was 
fetched away on certain days by the holders of the 
tesserae. (Orelli, Inscrip. No. 3358.) These depots 
had steps (gradus) leading to them, whence the 
bread was called panis gradilis ; and there were 
the strictest regulations that the bread should only 
be distributed from these steps, and should never 
be obtained at the bakers. (Cod. Theod. 14. tit. 
17. ss. 3, 4.) When Constantine transferred the 
seat of government to Constantinople, the system 
of gratuitous distribution of bread was also trans- 
ferred to that city ; and in order to encourage the 
building of houses, all householders were entitled 
to a share of the imperial bounty. (Zosim. ii. 32 ; 
Socrat. H. E. ii. 13 ; Sozom. iii. 7 ; Cod. Theod. 
14. tit. 17.) The distribution of bread at Rome 
was, however, still continued ; and the care which 
the later emperors took that both Rome and Con- 
stantinople should be properly supplied with corn, 
may be seen by the regulations in the Cod. Theod. 
14. tit. 15, De Canone Frumentario urbis Romae, 
and tit. 1 6, De Frumento Urbis Constantinopolitanae. 
The superintendence of the corn -market, under the 
emperors, belonged to the Praefectus Annonae. 

Many points connected with this subject have 
been necessarily omitted in consequence of our 
limits. The reader who wishes for further in- 
formation is referred to : Contareni, De Frum. 
Rom. Largitione, in the Thesaurus of Graevius, 
vol. viii. p. 923 ; Dirksen, Civilist. Abhandlungen, 



FUCUS 



FULLO. 



551 



vol. ii. p. 163, &c. ; Mommsen, Die Romischen 
J'ribus, Altona, 1844, which work contains the 
best account of the subject; Kuhn, Ueher die Knrn- 
einfuhr in Rom im Alterthuin, in the Zeitschrift 
fur die Alterthumswissenscltaft, 1845, pp. 993— 
1008, 1073 — 1084 ; Rein, in the RealEneyelo- 
p'ddie der classiscften Allerthumsicissenschaft, art. 
Larr/itio ; Hbckh, Romisclie Oeschiehte, vol. i. part 
ii. p. 1 38, &c, p. 384, &c. ; Walter, Geschichte des 
Romisehen Rechts, §§ 276—278, 360, 361, 2nd ed. 

FRU.MEXTA'RII, officers under the Roman 
empire, who acted as spies in the provinces, and 
reported to the emperors anything which they 
considered of importance. (Aurel. Vict De Caes. 
39, sulj fin. ; Spartian. Hadriun. 1 1 ; Capitol. Ma- 
crin. 12, Commrxl. 4.) They appear to have been 
called Frumentarii because it was their duty to 
collect information in the same way as it was the 
duty of other officers, called by the same name, to 
collect com. They were accustomed to accuse 
persons falsely, and their office was at length 
abolished by Diocletian. We frequently find in 
inscriptions mention made of Frumentarii belong- 
ing to particular legions (Orelli, Inser. 74, 3491, 
4922,), from which it has been supposed that the 
frumentarii, who acted as spies, were soldiers 
attached to the legions in the provinces ; they may, 
however, have been different officers, whose duty it 
was to distribute the com to the legions. 

V R U H E N T A' T I O. [Frimentariae 
Lms&] 

FLCL'S ((pvitoi), was the general term to sig- 
nify the paint which the Greek and Roman ladies 
employed in painting their cheeks, eye-brows, and 
other parts of their faces. The practice of painting 
the face was very general among the Greek ladies, 
and probably came into fashion in consequence of 
tht-ir sedentary mode of life, which robbed their 
complexions of their natural freshness, and induced 
them to have recourse to artificial means for re- 
storing the red and white of nature. This at the 
least is the reason given by some of the ancient 
writers themselves. (Xen. Oectm. 10. § 10 ; 
Phintvs, up. Stolxieum, tit. lxxiv. 61.) The prac- 
tice, however, was of great antiquity among the 
Greeks, and was probably first introduced among 
the Asiatic Ionians from the Fast, where the custom 
has prevailed from the earliest times. That it was 
as ancient as the time of Homer is inferred from the 
expression itrixpioajra. vapads ((Jd. xviii. 172), 
but this is perhaps hardly sufficient to prove that 
the cheeks were painted. The ladies at Athens, as 
might have been expected, did not always paint 
their faces when at home, but only had recourse to 
this adornment when they went abroad or wished 
to appear beautiful or captivating. Of this we have 
a striking example in the speech of Lysias on the 
murder of Eratosthenes, in which it is related 
(p. 93. 20, ed. Stcph.) that the wife, after leaving 
her husband to visit her paramour, painted herself, 
which the husband observed on the following 
morning, remarking, f$o{t Si poi to itp6trtiiirov 
tyiUvQiwoOai. (Comp. Aristoph. Lyristr. 14 9, /•>, /. 
878, /'tut. 1064 ; Plut Ate.it,. 39.) In order to 
give a blooming colour to the checks, iyxov/ra or 
iyxovaa, a red, obtained from the root of a plant, 
was most frequently employed (Xen. Oram. 10. 
ii 2) ; and the following paints were also used to 
produce the same colour, namely, jrai5«'put, also a 
vegetable dye resembling the rosy hue on the 
cheeks of young children (Alexis, ap. Allien, xiii, 



p. 568, c), ovxauivov (Eubulis, ap. Allien, xiii. 
p. 557, f), and <pO«os, which was probably a red 
paint, though used to signify paint in general, as 
has been already remarked. In order to produce 
a fair complexion, tyipvBiov, cerussu, white lead 
was employed. (Alexis, ap. Athen I.e.; Xen. 
Oecon. 10."§2 ; Aristoph. Eccl. 878, 929.) The 
eye-brows and eye-lids were stained black with 
(tti'/ijui or o-t'iuuis, a sulphuret of antimony, which 
is still employed by the Turkish ladies for the 
same purpose. (Pollux, v. 101.) The eye-brows 
were likewise stained with &<r§oAor, a preparation 
of soot. Thus Alexis says (/. c), 

tos u<ppvs mipl>as <?x el Tls ' Cwypofpovoiv aa§6\ip. 

(Comp. Juv. ii. 93.) Ladies, who used paint, were 
occasionally betrayed by perspiration, tears, &c, of 
which a humorous picture is given by the comic poet 
Eubulus {ap. Athen. I.e.), and by Xenophon {Oecon. 
10. § 8). It would appear from Xenophon (Ibid. § 5) 
that even in his time men sometimes used paint, and 
in later times it may have been still more common : 
Demetrius Phalereus is expressly said to have 
done so. (Duris, ap. Athen. xii. p. 542, d.) 

Among the Romans the art of painting the com- 
plexion was carried to a still greater extent than 
among the Greeks ; and even Ovid did not disdain 
to write a poem on the subject, which he calls {de Art. 
Am. iii. 206) "parvus, sed cura grande, libellus, 
opus ;'* though the genuineness of the fragment of the 
Medicamina faciei, ascribed to this poet, is doubt- 
ful. The Roman ladies even went so far as to 
paint with blue the veins on the temples, as we 
may infer from Propcrtius (ii. 1 4. 27), " si caerulco 
quacdam sua tempore fuco tinxerit." The ri- 
diculous use of patches {splenia), which were 
common among the English ladies in the reign of 
Queen Anne and the first Georges, w;is not unknown 
to the Roman ladies. (Mart. ii. 29. 9, x. 22; 
Plin. Ep. vi. 2.) The more effeminate of the male 
sex at Rome also employed paint. Cicero speaks 
(in I'isan. 11) of the eerussatae buecae of his 
enemy, the consul Piso. 

On a Greek vase (Tisqhhein, Enoniriniis, ii. 58) 
we sec the figure of a female engaged in putting 
the paint upon her face with a small brush. Thi9 
figure is copied in Bbttigcr's Solatia (pi. ix.), 
(Comp. Becker, Charikles, vol. ii. p. 232, &c. ; 
Biittiger, Sabina, vol. i. p. 24, &&, p. 51, &c) 

FUGA LATA. [Hxsttiufct] 

FIJOA LIBERA. [ExmubmJ 

FUGrnVA'RIUS. [Skrvus.] 

FUGITI'VUS. [Skrvus.] 

FULCRUM. [Lectus.] 

FULLO {Kvcuptus, yvcuptvs), also called 
NACCA (Fcstus, ». v. ; Apul. Met. ix. p. 206, 
Bipont), a fuller, a washer or scourer of cloth and 
linen. The fullones not only received the cloth as 
it came from the loom in order to scour and 
smooth it, hut also washed and cleansed garments 
which had been already worn. As the Romans 
generally wore woollen dresses which were often 
of a light colour, they frequently needed, in the 
hot climate of Italy, a thorough purification. The 
way in which this was done has been dcicrilx-d by 
Pliny and other ancient writers, but is most 
dearly explained by tome paintings which have been 
found on the walls of a fullonica at Pompeii. Two 
of these paintings are given by (iell (I'omjieutnn, 
vol. ii. pi 51, 52), and the whole of them in the 
Mliaaa Borbonico (vol. iv. pi. 19, 50); from the 
N * \ 



552 FULLO. 

latter of which works the following cuts have been 
taken. 

The clothes were first washed, which was done 
in tubs or vats, where they were trodden upon and 
stamped by the feet of the fullones, whence 
Seneca (Ep. 15) speaks of saltus fullonicus. The 
following woodcut represents four persons thus em- 
ployed, of whom three are boys, probably under 
the superintendence of the man. Their dress is 
tucked up, leaving the legs bare ; the boys seem to 
have done their work, and to be wringing the 
articles on which they had been employed. 



it 


" m 


Jk 


J 





The ancients were not acquainted with soap, but 
they used in its stead different kinds of alkali, by 
which the dirt was more easily separated from the 
clothes. Of these, by far the most common was 
the urine of men and animals, which was mixed 
with the water in which the clothes were washed. 
(Plin. H. N. xxviii. 18. 26 ; Athen. xi. p. 484.) 
To procure a sufficient supply of it, the fullones 
were accustomed to place at the corners of the 
streets vessels, which they carried away after they 
had been filled by the passengers. (Martial, vi. 93 ; 
Macrob. Saturn, ii. 12.) We are told by Suetonius 
( Vesp. 23) that Vespasian imposed a urinae vectigal, 
which is supposed by Casaubon and others to have 
been a tax paid by the fullones. Nitrum, of which 
Pliny (II. N. xxxi. 46) gives an account, was also 
mixed with the water by the scourers. Fullers' 
earth (creta fullonia, Plin. II. iV. xviii. 4), of which 
there were many kinds, was employed for the 
same purpose. We do not know the exact nature 
of this earth, but it appears to have acted in the 
same way as our fullers' earth, namely, partly in 
scouring and partly in absorbing the greasy dirt. 
Pliny (H. N. xxxv. 57) says that the clothes should 
be washed with the Sardinian earth. 

After the clothes had been washed, they were 
hung out to dry, and were allowed to be placed in 
the street before the doors of the fullonica. (Dig. 
43. tit. 10. s. 1. §4.) When dry, the wool was 
brushed and carded to raise the nap, sometimes 
with the skin of a hedgehog, and sometimes with 
some plants of the thistle kind. The clothes were 
then hung on a vessel of basket-work {viminea 
cavea), under which sulphur was placed in order to 
whiten the cloth ; for the ancient fullers appear to 
have known that many colours were destroyed by 
the volatile steam of Bulphur. (Apul. Met. ix. 
p. 208, Bipont ; Plin. H. N. xxxv. 50, 57 ; Pol- 
lux, vii. 41.) A fine white earth, called Cimolian 
by Pliny, was often rubbed into the cloth to in- 
crease its whiteness. (Theophr. Char. 10 ; Plaut. 
Aulul. iv. 9. 6 ; Plin. H.N. xxxv. 57.) The pre- 
ceding account is well illustrated by the following 
woodcut. 

On the left we see a fullo brushing or carding a 
white tunic, suspended over a rope, with a card or 




brash, which bears considerable resemblance to a 
modern horse-brush. On the right, another man 
carries a frame of wicker-work, which was without 
doubt intended for the purpose described above ; 
he has also a pot in his hand, perhaps intended for 
holding the sulphur. On his head he wears a kind 
of garland, which is supposed to be an olive garland, 
and above him an owl is represented sitting. It is 
thought that the olive garland and the owl indicate 
that the establishment was under the patronage of 
Minerva, the tutelary goddess of the loom. Sir W. 
Gell imagines that the owl is probably the picture 
of a bird which really existed in the family. On 
the left, a well-dressed female is sitting, examining 
a piece of work which a younger girl brings to her. 
A reticulum [see p. 329, a] upon her head, a neck- 
lace, and bracelets denote a person of higher rank 
than one of the ordinary work-people of the es- 
tablishment. 

In the following woodcut we see a young man 
in a green tunic giving a piece of cloth, which ap- 
pears to be finished, to a woman, who wears a 
green under-tunic, and over it a yellow tunic with 




red stripes. On the right is another female in a 
white tunic, who appears to be engaged in cleaning 
one of the cards or brushes. Among these paint- 
ings there was a press, worked by two upright 
screws, in which the cloth was placed to be 
smoothened. A drawing of this press is given on 
p. 300. 

The establishment or workshop of the fullers was 
called Fullonica (Dig. 39. tit. 3. a. 3), Fullonicum 



FUNAMBULUS. 
(Dig. 7. tit. L s. 13. § 8), or FitVonium (Amm. 
Marc. xiv. 11. p. 44, Bipont) Of such establish- 
ments there were great numbers in Rome, for the 
Romans do not appear to have washed at home 
even their linen clothes. (Martial, xiv. 51.) The 
trade of the fullers was considered so important 
that the censors, C. Flaminius and L. Aemilius, 
B.C. 220, prescribed the mode in which the dresses 
were to be washed. (Plin. //. N. zzxt. 57.) Like 
the other principal trades in Rome, the Fullones 
formed a collegium. (Fabretti, Inscr. p. 278.) To 
large farms a fullonica was sometimes attached, in 
which the work was performed by the slaves who 
belonged to the familia rustica. (Varro, Ii. It. i. 
16.) 

The fullo was answerable for the property while 
it was in his possession ; and if he returned by mis- 
take a ditferent garment from the one he had re- 
ceived, he was liable to an action ex locato ; to 
which action he was also subject if the Garment 
was injured. (Dig. 19. tit. 2. s. 13. § 6 ; s. 60. §2; 
12 tit 7. s. 2.) Woollen garments, which had been 
once washed, were considered to be less valuable 
than they were previously (Pctron. 30; Lamprid. 
Heliogab. 26) ; hence Martial (x. 11) speaks of a 
toga lota terque quaterque as a poor present. 

The Greeks were also accustomed to send their 
garments to fullers to be washed and scoured, who 
appear to have adopted a similar method to that 
which has been described above. (Theophr. Char. 
10; Athen.xi. p.582,d.; Pollux, vii. 39, 40, 41.) 
The word ir\vyeiy denoted the washing of linen, 
and Kycuptifiv or yvcupevtiy the washing of woollen, 
clothes. (Kustath. ad (Jd. xxiv. 148. p. 1956. 41.) 

(Schbttgen Antii/uitates Triturae ct FuUoniae, 
Traj. ad Rhen. 1727 ; Beckmann, Hist, of Inven- 
tion* awl Di.imreries, vol. iii. p. 266, &c, transl. : 
Becker, Gallus, vol. ii. p. 100, Ace, CkarikUt, 
vol. ii. p. 408.) 

FULLO'NICA. fFii-LO.] 

FUNA'LE (crxoAai, Isid. Oriij. xx. 10), a link, 
used in the same manner as a torch [Fax], but 
made of papyrus and other fibrous plants, twisted 
like a rope, and smeared with pitch and wax. 
(Virg. .ten. i. 727 ; S'Tviua, wl loc. ; Hot. (jinn. 
iii. 26. 7; Val. Max. iii. 6. § 4.) It was indeed, 
as Antipater describes it, "a light coated with 
wax " (kafiirdi Kypox'Twy, Hrunck, Anal. ii. 112; 
Jacobs, ail lor.). For this reason it was also called 
cereus. Funalia arc sculptured upon a monument 
of considerable antiquity preserved at Padua. 
(I'ignor. De Omit, p. 259.) At the Saturnalia 
they were presented by clients to their superiors, 
and were lighted in honour of Saturn. (Antipater, 
/. c. ; Macrob. Sat. i. 6.) [J. Y.] 

PUNA' MS Kf^UUS. [Curb vs. p. 379, b.] 

FUNA'MBULUS (KaAogaTTjj oxoivoSaTnt), 
a rope-dancer. The art of dancing on the tight 
rope was carried to as great perfection among the 
Roman* as it is with us. (llor. Epiat.n. 1.210; 
Tercni Htcyr. ProL 4. 34 ; Jnv. iii. 80; Bulcnger, 
de Tkeat. L 42.) If we may judge from a scries of 
paintings discovered in the excavations (AtU.d'Ercol. 
T. iii. p. 160 — 165), from which the figures in 
the annexed woodcut .ire selected, the performers 
placed themselves in an endless variety of graceful 
mid sportive attitudes, and represented the charac- 
ters of bacchanals, satyrs, and other imaginary 
MBA Three of the persons here exhibited hold 
the thyrsus, which may have served fir a balancing 
pole : two arc performing on the double pipe, and 



FUNBA. 553 




one on the lyre : two others are pouring wine into 
vessels of ditferent forms. They all have their 
heads enveloped in skins or caps, probably intended 
as a protection in case of falling. The emperor 
Antoninus, in consequence of the fall of a boy, 
caused feather-beds (culcitras) to be laid under the 
rope to obviate the danger of such accidents. 
(Capitol. Af. Anton. 12.) One of the most difficult 
exploits was running down the rope (Sueton. AVro, 
11) at the conclusion of the performance. It was 
a strange attempt of Germanicus and of the em- 
peror Galba to exhibit elephants walking on the 
rope. (I'lin. //. If. viii. 2 ; Sueton. Galb. 6 ; Sen. 
Epist. 86.) [J. Y.] 

Fl.'MA'RIUM. [Vintm.] 

FUNDA (otptvo6>rri), a sling. The light troops 
of the Greek and Roman armies consisted in great 
part of slingers {lunditores, tHptybointrai). In the 
earliest times, however, the sling appears not to 
have been used by the Greeks. It is not men- 
tioned in the Iliad ; for in the only passage (//. 
xiii. 599) in which the word <T<pty$6yr] occurs, it is 
used in its original signification of a bandage. But 
in the times of the Persian wars slingers had come 
into use ; for among the other troops which Gelou 
offered to send to the assistance of the Greeks 
against Xerxes, mention is made of 2000 slingers 
(Herod, vii. 158) ; and that the Bling was then 
known among the Greeks is also evident from the 
allusion to it by Aeschylus (Ai/am. 982). At 
the same time it must be stat-d that we rarely read 
of slingers in thes ■ wars. Among the Greeks the 
Acanianians in early times attained to the greatest 
expertness in the use of this weapon (Thuc ii. 81); 
and at a later time the Achoeans, especially the in- 
habittnts of Agium, Patrac, and Dymae, were cele- 
brated as expert slingers. The slings of these Achac- 
ans were made of three thongs of leather, and not of 
one only, like those of other nations. (Li v. xxxviij. 
29.) The people, however, who enjoyed the greatest 
celebrity as slingers were tin* natives of the Balearic 
islands. Their skill in the use of this Weapon is said 
to have arisen from the circumstance, that, when 
they were children, their mothers obliged them t'> 
obtain their food by striking it with a sling. ( VcgeU 



554 



FUNDUS. 



FUNUS. 



da lie Mil. \. 1 6 ; Strab. iii. p. 1 68.) Most slings were 
made of leather, hut the Balearic ones were manu- 
factured out of a kind of rush. (Strab. I. c.) The 
manner in which the sling was wielded may be seen 
in the annexed figure (Bartoli, Col. Traj. t. 46) of a 




soldier with a provision of stones in the sinus of his 
pallium, and with his arm extended in order to whirl 
the sling about his head. (Virg. Aen. ix. 587, 588, 
xi. 57.9.) Besides stones, plummets, called glandes 
(jiioAugSi'Ses), of a form between acorns and al- 
monds, were cast in moulds to be thrown with 
slings. (Lucret. vi. 176 ; Ovid, Met. ii. 729, vii. 
778, xiv. 825, 826.) They have been found on 
the plain of Marathon, and in other parts of Greece, 
and are remarkable for the inscriptions and devices 
which they exhibit, such as thunderbolts, the names 
of persons, and the word AEHAI, meaning " Take 
this." (Dodwell's Tour, vol. ii. pp. 159 — 161 ; 
Bockh, Corp. Ins. vol. i. p. 311 ; Mommsen, in 
Zeitsehrift fur die Alterthumswissenschqjt, 1846, 
p. 782.) [J. Y.] 

While the sling was a very efficacious and im- 
portant instmment of ancient warfare, stones thrown 
with the hand alone were also much in use both 
among the Bomans (Veget. i. 16, ii. 23) and with 
other nations (oi Tferpog6\oi, Xen. Hellen. ii. 4. 
§ 12). The Libyans carried no other arms than 
three spears and a bag full of stones. (Diod. Sic. 
iii. 49.) 

FUNDITOBES. [Funda.] 

FUNDUS. The primary signification of this 
word appears to be the bottom or foundation of a 
thing ; and its elementary part (fud), seems to be 
the same as that of /3ufl os and mi8 fiijv, the n in 
fundus being used to strengthen the syllable. The 
conjectures of the Latin writers as to the etymo- 
logy of fundus may be safely neglected. 

Fundus is often used as applied to land, the 
solid substratum of all man's labours. According to 
Florentinus (Dig. 50. tit. 16. s. 211) the term fundus 
comprised all land and constructions on it ; but 
usage had restricted the name of aedes to city 
houses, villae to rural houses, area to a plot of 
ground in a city not built upon, ager to a plot of 
ground in the country, and fundus to ager cum 
aedificiis. This definition of fundus may be com- 
pared with the uses of that word by Horace, and 
other writers. In one passage (JEp. i. 2. 47), 
Horace places domus and fundus in opposition to 
one another, domus being apparently there used as 
equivalent to aedes. 

The term fundus often occurred in Boman wills, 



and the testator frequently indicated the fundus, to 
which his last dispositions referred, by some name, 
such as Sempronianus, Seianus; sometimes also, 
with reference to a particular tract of country, as 
Fundus Trebatianus qui est in regione Atellana. 
(Brissonius, de Formulis, vii. 80.) A fundus was 
sometimes devised cum omni instrumento, with its 
stock and implements of husbandry. Occasionally 
a question arose as to the extent of the word in- 
strumentum, between or among the parties who de- 
rived their claim from a testator. (Dig. 33. tit. 17. 
s. 12.) 

Fundus has a derived sense which flows easily 
enough from its primary meaning. " Fundus," 
says Festus, " dicitur populus esse rei, quam alienat, 
hoc est auctor." [Auctor.] Compare Plautus, 
Trinum. v. i. 7 {fundus potior). In this sense 
" fundus esse " is to confirm or ratify a thing ; 
and in Gellius (xix. 8) there is the expression 
" sententiae legisque fundus subscriptorque fieri." 
[Foederati.] [G. L.] 

FUNES. [Navis.] 

FUNUS. It is proposed in the following article 
to give a brief account of Greek and Boman 
funerals, and of the different rites and ceremonies 
connected therewith. 

1. Greek. The Greeks attached great import- 
ance to the burial of the dead. They believed 
that souls could not enter the Elysian fields till 
their bodies had been buried ; and accordingly we 
find the shade of Elpenor in the Odyssey (xi. 66. 
&c.) earnestly imploring Ulysses to bury his body. 
Ulysses also, when in danger of shipwreck, deplores 
that he had not fallen before Troy, as he should in 
that case have obtained an honourable burial. (Od. 
v. 311.) So strong was this feeling among the 
Greeks, that it was considered a religious duty to 
throw earth upon a dead body, which a person 
might happen to find unburied (Ael. Var. Hist. v. 
14) ; and among the Athenians, those children who 
were released from all other obligations to unworthy 
parents, were nevertheless bound to bury them by 
one of Solon's laws. (Aesch. c. Timarc. p. 40.) 
The neglect of burying one's relatives is frequently 
mentioned by the orators as a grave charge against 
the moral character of a man (Dem. c. Aristog. 
i. p. 787. 2 ; Lys. c. Phil. p. 883, c. Alcib. p. 539), 
since the burial of the body by the relations of the 
dead was considered a religious duty by the uni- 
versal law of the Greeks. Sophocles represents 
Antigone as disregarding all consequences in order 
to bury the dead body of her brother Polyneices, 
which Creon, the king of Thebes, had commanded 
to be left unburied. The common expressions for 
the funeral rites, ra dlicaia, y6fii/xa or t>o/j.i(6/xeva, 
TrpoaiiKovra, show that the dead had, as it were, a 
legal and moral claim to burial. 

The common customs connected with a Greek 
funeral are described by Lucian in his treatise de 
Luclu (c. 10, &c., vol. ii. p. 926. ed. Beitz) ; and 
there is no reason for supposing that they differ 
much from those which were practised in earlier 
times. After a 1 person was dead, it was the cus- 
tom first to place in his mouth an obolus, called 
8a.va.K7i [Danace], with which he might pay the 
ferryman in Hades. The body was then washed 
and anointed with perfumed oil, and the head was 
crowned with the flowers which happened to be in 
season. The deceased was next dressed in as 
handsome a robe as the family could afford, in 
order, according to Lucian, that he might not be 



FUXUS. 



FUNUS. 



555 



cold on the passage to Hades, nor be seen naked 
by Cerberus : thi3 garment appears to have been 
usually white. (//. xviii. 353 ; Artemiod. Oneirocr. 

11. 3.) These duties were not performed by hired 
persons, like the pollinctures among the Romans, 
but by the women of the family, upon whom the care 
of the corpse always devolved. (Isaeus, de Philoct. 
Iter. p. 1 43, de Ciron. her. p. 209.) 

The corpse was then laid out (irpdOerm, -npori- 
6ttr6ai ) on a bed (k\iVt;), which appears to have 
been of the ordinary kind, with a pillow {npoaxe- 
(pd\aiov) for supporting the head and back. ( Lys. 
c. Eralosth. p. 395.) It is said that the bed on 
which the corpse was laid out was originally placed 
outside the house (Schol. ad Aristoph. Lysistr. 
611) ; but at Athens we know it was placed in- 
side, by one of Solon's laws. (Dem. c. Macart. 
p. 1071.) The object of this formal irpoBetrts was 
that it might be seen that the deceased had died 
naturally, and that no violence had been done to 
him. (Pollux, viii. 05.) Plato (Ley. xii. 9. p. 959) 
assigns another reason, namely, that there might 
be no doubt that the person was dead, and says, 
that the body ought only to be kept in the house 
so long as it may be necessary to ascertain that fact. 
By the side of the bed there were placed painted 
earthen vessels, called Xi\Kvf)oi (Aristoph. Eecl. 
1032, 996), which were also buried with the 
corpse ; examples of which may be seen in the | 
drawings of the coffins given by Biittiger {Vaseng. | 
title-page) and Stackelberg( Die Or'dljerder Hcllenen, 
pi. 8). Great numbers of these painted vases have 
been found in modem times ; and they have been 
of great use in explaining many matters connected 
with antiimity. A honey-cake, called ^{AittoDto, 
which appears to have hecn intended for Cerberus, 
was also placed by the side of the corpse. (Aristoph. 
fflftft. 601, with Schol. ; compare Virg. Aen. vi. 
419.) Before the door a vessel of water was placed, 
called vtTTpaicov, &pod\iov or apS&vtov, in order that 
persons who had been in the house might purify 
themselves by sprinkling water on their persons. 
(Aristoph. Eccl. 1033 ; Pollux, viii. 65 ; Hesych. | 
v. 'ApS.) The relatives stood around the bed, the | 
women uttering great lamentations, rending their 
garments and tearing their hair. (Lut-ian. Ib. 12.) 
Solon attempted to put a stop to this (Plut. .Sol. 

12. 21), but his regulations on the subject do not 
appear to have been generally observed. It was 
formerly the practice to sacrifice victims before 
carrying out the dead ; but this custom was not 
observed in the time of Plato. (Mm. p. 315.) No 
females undiT 60 years of age, except the nearest 
re lations (ivrbt avttyiab'wv), were allowed to be 
present while the corpse was in the house. (Dem. 
c. Macart p. 1071.) 

On the day after the wp<l6t<ns, or the third day 
after death, the corpse was carried out {ixtpupd, 
iKKofiihi)) for burial, early in the morning and be- 
fore sunrise, by a law of Solon, which law appears 
to have been revived by Demetrius Phalerms. 
(Dem. /. c; Antiph. de Chor. p. 702 ; Cic de 
Isg. ii. 26.) A burial soon after drath was sup- 
posed to be pleasing to the dead. Thus we find 
the shade of Patroclus saying to Achilles (//. xxiii. 
71). 

HaiTT» fit Utti TOx«rra, itvKas oiSao n<pr)tTw. 
(Compare Xeti. Mem. i. 2. § 53.) In some places 
it appears to have been usual to bury the dead on 
the day following death. (Cullim. Epiyr. 15 ; Di ".'. 
Laert i. 122.) The men walked before the 



corpse and the women behind. (Dem. I. c.) The 
funeral procession was preceded or followed by 
hired mourners (dpTivipSoi), who appear to have 
been usually Carian women, though Plato speaks 
of men engaged in this office. They played mourn- 
ful tunes on the flute. (Plat. Ley. vii.9. p. 800 ; 
Hesych. s. r. VLapivcu ; Pollux, iv. 75.) 

The body was either buried or burnt. Lucian 
{lb. 21) says that the Greeks burn and the Per- 
sians bury their dead ; but modern writers are 
greatly divided in opinion as to which was the 
usual practice. Wachsmuth says that in historical 
times the dead were always buried ; but this state- 
ment is not strictly correct. Thus we find that 
Socrates speaks of his body being either burnt or 
buried (Plat. Phued. p. 115) ; the body of Timoleon 
was burnt (Plut. Timol. 39), and so was that of 
Philopoemen. (Id. Philop. 21.) The word SairTav 
is used in connection with either mode ; it is applied 
to the collection of the ashes after burning, and ac- 
cordingly we find the words Kaiav and Sa-mtiv 
used together. (Dionys. Ant. Rom. v. 48.) The 
proper expression for interment in the earth is 
KaTopvrray, whence we find Socrates speaking of 
to rrwua fi KaijLfvov ?) KaTopmrd/xeyov. In Homer 
the bodies of the dead are burnt (//. xxiii. 127, 
&c, xxiv. 787, &c.) ; but interment was also used 
in very ancient times. Cicero {de Ley. ii. 25) says 
that the dead were buried at Athens in the time 
of Cecrops ; and we also read of the bones of Ores- 
tes being found in a coffin at Tegca. (Herod, i. 68 ; 
compare Plut. .Sol. 10.) The dead were commonly 
buried among the Spartans (Plut. Lyc. 27 ; com- 
pareThucyd. i. 134) and the Sicyonians (Paus. ii. 7. 
§ 3) ; and the prevalence of this practice is proved 
by the great number of skeletons found in coffins 
in modern times, which have evidently not been 
exposed to the action of fire. Both burning and 
burying appear to have- been always used to a 
greater or less extent at different periods ; till tin? 
spread of Christianity at length put an end to the 
former practice. 

The dead bodies were usually burnt on piles of 
wood, called irvpai. The body was placed on the 
top ; and in the heroic times it was customary to 
burn with the corpse animals and even captives or 
slaves. Thus at the funeral of Patroclus, Achilles 
killed many sheep, oxen, horses, and dogs, and 
also twelv^ captive Trojans, whose bodies he burnt 
with those ofhis friend. (//. xxiii. 165, &c.) Oils 
and perfumes were also thrown into the flames 
When the pyre was burnt down, the remains of 
the fire were quenched with wine, and the relatives 
and friends collected the bones. (//. xxiv. 791.) 
The bones were then washed with wine and oil, 
and placed in urns, which were sometimes made of 
gold. {Od. xxiv. 71, &c.) 

The corpses, which were not burnt, were buried 
in coffins, which w,-ro called by various names, as 
aopoi, v.,, Atjvoi', .'. ipv . '., Spoirai, though 
some of these names arc also npplied to the urns 
in which the bones were collected. They were 
made of various materials, but were usually of 
baked clay or earthenware. Their forms are very 
various, as may be seen by a reference to Stackel- 
berg {Die (Ir'dlicr dcr /felbmen, pi. 7, 8). The pre- 




556 FUNUS. 

ceding woodcut contains two of the moot ancient 

kind ; the figure in the middle is the section of one. 

The dead were usually buried outside the town, 
as it was thought that their presence in the city 
brought pollution to the living. At Athens the 
dead were formerly buried in their own houses 
(Plat. Min. I. c), but in historical times none were 
allowed to be buried within the city. (Cic. ad 
Fain. iv. 12. § 3.) Lycurgus, in order to remove 
all superstition respecting the presence of the dead, 
allowed of burial in Sparta (Plut. Lye. 27); and 
at Megara also the dead were buried within the 
town. (Paus. i. 43. § 2.) 

Persons who possessed lands in Attica were fre- 
quently buried in them, and we therefore read of 
tombs in the fields. (Dem. c. Euerg. p. 1159 ; 
Donat. ad Ter. Eun. Prol. 10.) Tombs, however, 
were most frequently built by the side of roads and 
near the gates of the city. Thus the tomb of Thu- 
cydides was near the Melitian gate (Paus. i. 23. 
§ 11) ; but the most common place of burial was 
outside of the Itonian gate, near the road leading to 
the Peiraeeus, which gate was for that reason called 
the burial gate. ('Hpi'ai nvKai, Etym. Mag. and 
Harpocr. s. v. ; Theophr. Char. 14.) Those who 
had fallen in battle were buried at the public ex- 
pense in the outer Cerameicus, on the road leading 
to the Academia. (Thuc. ii. 34 ; Paus. i. 29. 
§4.) 

The tombs were regarded as private property, 
and belonged exclusively to the families whose re- 
latives had been buried in them. (Dem. c. Eubul. 
p. 1307, c. Macart. p. 1077 ; Cic. de Leg. ii. 26.) 

Tombs were called Sij/coi, Tdcjtoi, fivrifiara, 
/xvrifieia, ar\\xaTa.. Many of these were only 
mounds of earth or stones (x<0fiuTa, KoXwvai, 
rvfiSoi). Others were built of stone, and frequently 
ornamented with great taste. Some of the most 
remarkable Greek tombs are those which have 
been discovered in Lycia by Sir C. Fellows. In the 
neighbourhood of Antiphellus the tombs are very 
numerous. They all have Greek inscriptions, which 
are generally much destroyed by the damp sea 
air. The following woodcut, taken from Fellows's 
work (Excursion in Asia Minor, p. 219), contains 
one of these tombs, and will give an idea of the 
general appearance of the whole. 










X i* 



FUNDS. 

At Xanthus the tombs are still more numerous. 
They are cut into, or are formed by cutting away, 
the rock, leaving the tombs standing like works of 
sculpture. (Ib. p. 226.) The same is the case at 
Telmessus, where they are cut out of the rock in 
the form of temples. They are generally approached 
by steps, and the columns of the portico stand out 
about six feet from the entrance to the cella ; the 
interiors vary but little ; they are usually about 
six feet in height and nine feet by twelve in size. 
One side is occupied by the door, and the other 
sides contain benches on which the coffins or urns 
have been placed. (Ib. p. 245.) 

Some Greek tombs were built under ground, and 
called hypogea (fiirdyctia or inrSytia). They cor- 
respond to the Roman conditoria. (Petron. c. 111.) 

At Athens the dead appear to have been usually 
buried in the earth ; and originally the place of their 
interment was not marked by any monument. (Cic. 
de Leg. ii. 25.) Afterwards, however, so much 
expense was incurred in the erection of monuments 
to the deceased, that it was provided by one of 
Solon's laws, that no one should erect a monument 
which could not be completed by ten men in the 
course of three days. (Id. ii. 26.) This law, how- 
ever, does not seem to have been strictly observed. 
We read of one monument which cost twenty-five 
minae (Lys. c. Diog..-p. 905), and of another which 
cost more than two talents. (Dem. c. Steph. i. 
p. 1125. 15.) Demetrius Phalereus also attempted 
to put a stop to thi3 expense by forbidding the 
erection of any funeral monument more than three 
cubits in height. (Cic. I. c.) 

The monuments erected over the graves of per- 
sons were usually of four kinds : 1. o~rrj\.ai, pillars 
or upright stone tablets ; 2. idoves, columns ; 3. 
vatSia or T}pV a i small buildings in the form of tem- 
ples ; and 4. rpdirefai, flat square stones, called by 
Cicero (I. c.) mensae. The term o~Tr)Kai is some- 
times applied to all kinds of funeral monuments, 
but properly designates upright stone tablets, which 
were usually terminated with an oval heading, 
called itriBrnfia. These iiridjifiarra were frequently 
ornamented with a kind of arabesque work, as in 
the two following specimens taken from Stackel- 
berg (pi. 3). The shape of the iirl0i]fia, however, 
sometimes differed ; among the Sicyonians it was 




in the shape of the derrfs or fastigium [Fastigium], 
which is placed over the extremity of a temple. 
The moves, or columns, were of various forms. 



FUN US. 



FUNUS. 



557 



The three in the following woodcut are taken from 
Stackelberg (pi. 44, 46) and Millin (Pein.de Vases 
Ant. vol. ii. pi. 51.) 




The following example of an i)p<pov, which is also 
taken from Stackelberg (pi. 1 ) will give a general 
idea of monuments of this kind. Another ripyov 
is given in the course of this article (p. 558, a.). 




The inscriptions upon these funeral monuments 
usually contain the name of the deceased person, 
and that of the demug to which he belonged, as 
well as frequently gome account of his life. A 
work on such monuments, entitled fUpi Mkij/iotcuv 
was written by Diodorus Pcricgctcs. (Plut. Them. 
32.) 

Orations in praise of the dead were sometimes 
pronounced ; but Solon ordained that such orations 
should be confined to persons who were honoured 
with a public funeral. (Cic. de. Leg. ii. 26.) In 
the heroic nges games were celebrated at the fune- 
ral of a great man, as in the case of Patroclus (//. 
xxiii.) ; but this practice does not seem to have 
been usual in the historical times. 

All persons who had been engaged in funerals 
wen; considered polluted, and could not enter the 
temples of the gods till they had been purified. 
Those persons wlm were reported to have died in 
foreign countries, nnd whose funeral rites had been 
performed in their own cities, were cnlled vartp6- 
wirtfini and StuTipAwoTfiot if they were alive. Such 
persons were considered impure, and coidd only be 
delivered from their impurity by being dressed in 



swaddling clothes, and treated like new-bom in- 
fants. (Hesych. s. r. ; Plut. Quaest. Rum. 5.) 

After the funeral was over the relatives partook 
of a feast, which was called ireptSani/oy or ffKpo- 
Seiirvov. (Lucian, lb. c. 24 ; Cic. de Leg.W. 25.) 
This feast was always given at the house of the 
nearest relative of the deceased. Thus the relatives 
of those who had fallen at the battle of Chaeroneia 
partook of the irfpiSetirvov at the house of Demo- 
sthenes, as if he were the nearest relative to them 
all. (Dem. pro Coron. p. 321. 15.) These feasts 
are frequently represented on funeral monuments. 
In one corner a horse's head is usually placed, which 
was intended to represent death as a journey. The 
following woodcut, which represents a irfpiSeiirvuv 
or veKp6Senrvov, is taken from the Marmora Ozon. i. 
tab. 52. No. 1 35. A similar example of a vepiS^twyov 
is given at the beginning of Hobhouse's Travels. 
(Compare Jliiller, ArchaoL der Kunst, § 428. 2.) 




On the second day after the funeral a sacrifice 
to the dead was offered, called TptVot. Pollux (viii. 
146) enumerates, in order, all the sacrifices and 
ceremonies which followed the funeral, — rp'na, 
(ware, TpiairoSfi, ivayio-fiaTa, x oa '- Aristophanes 
(l.ysistr. 611, with Schol.) amides to the Tpira. 
The principal sacrifice, however, to the dead was 
on the ninth day, called (vvara or fvara. (Aeschin. 
c. Ctesiph. p. 6 1 7 ; Isaeus, de Ciron. tiered, p. 224.) 
The mourning for the dead appears to have lasted 
till the thirtieth day after the funeral (Lys. de coed. 
Erak p. 16), on which day sacrifices were again 
offered. (Harpocrat. a. r. Tpioxar.) At Sparta the 
time of mourning was limited to eleven days. 
( Plat Lye. 27.) During the time of mourning it 
was considered indecorous for the relatives of the 
deceased to appear in public (Aeschin. c. Ctesiph. 
pp. 461), 469) ; they were accustomed to wear a 
black dress (Kurip. Hden. 1087, IpMg. Aid. 1438; 
Isaeus, de Nicostr. her. p. 71 ; Plut. l'ericl. 38), 
and in ancient times cut off their hair as a sign of 

grief. I Il.V/KUu'e, Vf |/OlJTT)piUt, AesellJ |. ( '/lUC/l/t. 7.) 

The tombs were preserved by the family to 
which they belonged with the greatest care, and 
were regarded ns among the strongest ties which 
attached a man to his native land. (Aeschyl. Pen. 
405 ; Lycurg. c. Lmcr. p. 141.) In the Docimnsia 
of the Athenian an imus it was always a subject 
of inquiry whether they had kept in proper repair 
the tombs of their ancestors. ( Xeti. Mem. ii. 2. 
8 13.) On certain days the tombs were crowned 
with flowers, nnd offerings were made to the dead, 
consisting of garlands of flowers and various other 
things ; fur an account of which see Aeschyl. Peru. 



558 



FUNUS. 



FUNUS. 



609, feci, Ohoeph. 86, &c. The act of offering 
these presents was called evayi&iv, and the offer- 
ings themselves evay'to-fiara, or more commonly 
X"cd. Such offerings at the tombs are represented 
upon many \t)kvBoi, or painted vases ; of which an 
example is given in the following woodcut. (Millin, 
Peint. de Vases, vol. ii. pi. 27.) The tomb is built 
in the form of a temple (yp<jiov), and upon it is a 
representation of the deceased. (See also Stackel- 
berg, pi. 44 — 46, and Millin, vol. ii. pi. 32. 38, for 
further examples.) 




The yeveaia mentioned by Herodotus (iv. 26) 
appear to have consisted in offerings of the same 
kind, which were presented on the anniversary of 
the birth-day of the deceased. The vsKvaia. were 
probably offerings on the anniversary of the day of 
the death ; though, according to some writers, the 
veKvcrta were the same as the yeuecria. (Hesych. 
s.u. Tevstna: Grammat. Bekk. p. 231.) Meals 
were also presented to the dead and burnt. (Lucian, 
Contempt. 22. vol. i. p. 519, ed. Reitz. ; de Merc. 
Cond.28. p. 687 ; Artemiod. Oneirocr. iv. 81.) 
, Certain criminals, who were put to death by the 
state, were also deprived of the rights of burial, 
which was considered as an additional punish- 
ment. There were places, both at Athens and 
Sparta, where the dead bodies of such criminals 
were cast. (Plut. Tliem. 22 ; Thuc. i. 134.) A 
person who had committed suicide was not deprived 
of burial, but the hand with which he had killed 
himself was cut off and buried by itself. (Aeschin. 
c. Ctes. pp. 636, 637.) The bodies of those per- 
sons who had been struck by lightning were re- 
garded as sacred (i'epoi vcicpoi) • they were never 
buried with others (Eurip. Suppl. 935), but usually 
on the spot where they had been struck. (Arte- 
miod. Oneirocr. ii. 9. p. 146 ; Bidental.) 

2. Roman. When a Roman was at the point 
of death, his nearest relation present endeavoured 
to catch the last breath with his mouth. (Virg. 
Aen. iv. 684 ; Cic. Verr. v. 45.) The ring was 
taken off the finger of the dying person (Suet. Tib. 
73) ; and as soon as he was dead his eyes and 
mouth were closed by the nearest relajion (Virg. 
Aen. ix. 487 ; Lucan, iii. 740), who called upon 
the deceased by name (inclamare, conclamare), ex- 
claiming have or vale. (Ovid, Trist. iii. 3. 43, Met. 
x. 62, Fast. iv. 852 ; Catull. ci. 10.) The corpse 
was then washed, and anointed with oil and per- 
fumes by slaves, called Pollinctores, who belonged 
to the Libitinarii, or undertakers, called by the 
Greeks veKpoQairrai. (Dig. 14. tit. 3. s. 5. §8.) 



The Libitinarii appear to have been so called be- 
cause they dwelt near the temple of Venus Libitina, 
where all things requisite for funerals were sold. 
(Senec. de Bene/, vi. 38 ; Plut. Quaest. Rom. 23 ; 
Liv. xli. 21 ; Plut. Num. 12.) Hence we find the 
expressions vitare Libitinam and evadere Libitinam 
used in the sense of escaping death. (Hor. Carm. 

iii. 30. 6 ; Juv. xii. 122.) At this temple an ac- 
count {ratio, ephemeris) was kept of those who died, 
and a small sum was paid for the registration of 
their names. (Suet. Ner. 39 ; Dionys. Ant. Rom. 

iv. 15.) 

A small coin was then placed in the mouth of 
the corpse, in order to pay the ferryman in Hades 
(Juv. iii. 267), and the body was laid out on a 
couch in the vestibule of the house, with its feet 
towards the door, and dressed in the best robe 
which the deceased had worn when alive. Ordi- 
nary citizens were dressed in a white toga, and 
magistrates in their official robes. (Juv. iii. 172 ; 
Liv. xxxiv. 7 ; Suet. Ner. 50.) If the deceased 
had received a crown while alive as a reward for 
his bravery, it was now placed on his head (Cic. 
de Leg. ii. 24) ; and the couch on which he was 
laid was sometimes covered with leaves and flowers. 
A branch of cypress was also usually placed at the 
door of the house, if he was a person of conse- 
quence. (Lucan. iii. 442 ; Hor. Carm. ii. 14. 23.) 

Funerals were usually called funera justa or 
exsequiae ; the latter term was generally applied to 
the funeral procession (pompa funebris). There 
were two kinds of funerals, public and private ; of 
which the former was called funus publicum, (Tacit. 
Ann. vi. 11) or indictivum, because the people were 
invited to it by a herald. (Festus, s. v. ; Cic. de 
Leg. ii. 24) ; the latter funus taciturn (Ovid, Trist. 
i. 3. 22),translatitium (Suet. Ner. 33), ovplebeium. 
A person appears to have usually left a certain sum 
of money in his will to pay the expenses of his 
funeral ; but if he did not do so, nor appoint any 
one to bury him, this duty devolved upon the per- 
sons to whom the property was left, and if he died 
without a will, upon his relations according to their 
order of succession to the property. (Dig. 11. tit. 
7. s. 12.) The expenses of the funeral were in 
such cases decided by an arbiter according to the 
property and rank of the deceased (Dig. I. c), 
whence arbitria is used to signify the funeral ex- 
penses. (Cic.pro Dotno, 37, post Red. in Sen. 7, in 
Pis. 9.) The following description of the mode in 
which a funeral was conducted applies strictly only 
to the funerals of the great ; the same pomp and 
ceremony could not of course be observed in the 
case of persons in ordinary circumstances. 

All funerals in ancient times were performed at 
night (Serv. ad Virg. Aen. xi. 143 ; Isidor. xi. 2, 
xx. 1 0), but afterwards the poor only were buried 
at night, because they could not afford to have any 
funeral procession. (Festus, s. v. Vespae ; Suet. 
Dom. 17; Dionys. iv. 40.) The corpse was usually 
carried out of the house (efferebatur) on the eighth 
day after death. (Serv. ad Virg. Aen. v. 64.) 
The order of the funeral procession was regulated 
by a person called Designator or Dominus Funeris, 
who was attended by lictors dressed in black. 
(Donat ad Ter. Adelpli. i. 2. 7; Cic. de Leg. ii. 24; 
Hor. Ep. i. 7. 6.) It was headed by musicians of 
various kinds (cornicincs, siticines), who played 
mournful strains (Cic. Ibid. ii. 23 ; Gell. xx. 2), 
and next came mourning women, called Praeficae 
(Festus, s. v.), who were hired to lament and sing 



FUXUS. 



FUNDS. 



559 



the funeral song (naenia or lessus) in praise of the 
deceased. These were sometimes followed by 
players and buffoons (scurrae, Itistriones), of whom 
one, called Archimimus, represented the character 
of the deceased, and imitated his words and actions. 
(Suet. Vesp. 19.) Then came the slave3 whom the 
deceased had liberated, wearing the cap of liberty 
( pileali) ; the number of whom was occasionally 
very great, since a master sometimes liberated all 
his slaves, in his will, in order to add to the pomp 
of his funeral. (Dionys. iv. 24 ; compare Liv. 
xxxviii. 55.) Before the corpse persons walked 
wearing waxen masks [Imago], representing the 
ancestors of the deceased, and clothed in the official 
dresses of those whom they represented (Polyb. 
vi. 53 ; Plin. H. N. xxxv. 2) ; and there were also 
carried before the corpse the crowns or military re- 
wards which the deceased had gained. (Cic. de 
Leg. ii. 24.) 

The corpse was carried on a couch (leetica), to 
which the name of Fert t i um (Varro, de Ling. Lat. 
v. 16G) or Cupulas (Festus,s. v.) was usually given; 
but the bodies of poor citizens and of slaves were 
carried on a common kind of bier or coffin, called 
Sandupila. (Mart. ii. 81, viii. 75. 14 ; Juv. viil 
175; rilis area, Hor. Sat. i. 8. 9.) The Sandupila 
was carried by bearers, called Vespae or Vesjiillones 
(Suet. Dom. 17 ; Mart. i. 31. 48), because, ac- 
cording to Festua (>. p.), they carried out the 
corpses in the evening (respertino tempore). The 
couches on which the corpses of the rich were car- 
ried were sometimes made of ivory, and covered 
with gold and purple. (Suet. Jul. 84.) They were 
often carried on the shoulders of the nearest rela- 
tions of the deceased ( Valer. Max. vii. 1. § 1 ; Hor. 
Sat. ii. 8. 66), and sometimes on those of his frecd- 
mcn. (Pen. iii. 10G.) Julius Caesar was carried 
by the magistrates (Suet. Jul. 84), and Augustus 
bv the senators. (Id. Aug. 100; Tacit. Ann. i. 8.) 

The relations of the deceased walked behind the 
corpse in mourning ; his sons with their heads 
veiled, and his daughters with their heads bare 
and their hair dishevelled, contrary to the ordinary 
practice of both. (Plat Quae*. Rom. 14.) They 
often uttered loud lamentations, and the women beat 
their breasts and tore their cheeks, though this was 
forbidden by the Twelve Tables. (Mu/iercs yenus 
ne radunto, Cic. de Isy. ii. 23.) If the deceased 
was of illustrious rank, the funeral procession went 
through ilir- forum (Dionys. iv. 40), and stopped be- 
fore the rostra, where a funeral oration (laudatio) 
in praise of the deceased was delivered. (Dionys. 
v. 1 7 ; Cic pro Mil. 13, de Oral. ii. 84 ; Suet. Jul. 
84, Auy. 100.) This practice was of great an- 
liquity among the Romans, and is said by some 
writers to have been first introduced by Publicola, 
who pronounced a funeral oration in honour of his 
Colleague Hrutus. (Plut. 1'Mir. 9 ; Dionys. v. I 7.) 
women also were honoured bv funeral orations. 
(Cic. de Oral. ii. 11 ; Suet. Jul. 2G, CaL 10.) 
Fmiii the forum the corpse was carried to the place 
of burning or burial, which, according to a law of 
the Twelve Tables, was obliged to be outside the 
city. (Cic. de Ug. ii. 23.) 

The Romans in the most ancient times buried 
their ch ad (Plin. f/.N. vii. 55), though they also 
early adopted, to some extent, the custom of burn- 
ing, which is mentioned in the Twelve Tables. 
(Cic. /. e.) Huming, however, dues nut appear t< • 
have become general till tlie Lilt tunes nt tin- re- 
public | Marius was buried, and Sulla was the lint 



of the Cornelian gens whose body was burned. 
(Cic. ib. ii. 22.) Under the empire burning was 
almost universally practised, but was gradually dis- 
continued as Christianity spread (Minuc. Felix, p. 
327, ed. Ouzel. 1G72), so that it had fallen into 
disuse in the fourth century. (Macrob. vii. 7.) Per- 
sons struck by lightning were not burnt, but buried 
on the spot, which was called Iiidental, and was 
considered sacred. [Bide.ntal.] Children also, 
who had not cut their teeth, were not burnt, but 
buried in a place called Suggrundurium. (Plin. 

H. N. vii. 15 ; Juv. xv. 140 ; Fulgent, de prise. 
Serm. 7.) Those who were buried were placed in 
a coffin (area or loculus), which was frequently 
made of stone (Valer. Max. i. 1. §12; Aurel. Vict. 
de Vir. III. 42), and sometimes of the Assian 
stone, which came from Assos in Troas, and which 
consumed all the body, with the exception of the 
teeth, in 40 days (Plin. //. N. ii. 98, xxxvi. 27), 
whence it was called Sarcophagus. This name was 
in course of time applied to any kind of coffin or 
tomb. (Juv. x. 172 ; Dig. 34. tit. 1. s. 18. § 5 ; 
Orelli, Inscr. No. 194, 4432, 4554.) 

The corpse was burnt on a pile of wood (pyra 
or ro<ius). Servius (ad Virg. Aen. xi. 185) thus 
defines the difference between pyra and rogus, 
" Pyra est lignorum congeries ; rogus, cum jam 
ardcre coeperit, dicitur." This pile was built in 
the form of an altar, with four equal sides, whence 
we find it called ara sepulcri (Virg. Aen. vi. 177) 
and funeris ara. (Ovid, Trist. iii. 13.21.) The 
sides of the pile were, according to the Twelve 
Tables, to be left rough and unpolished (Cic. de 
I^eg. ii. 23) ; but were frequently covered with dark 

I. aves. (Virg. Aen. vi. 215.) Cypress trees were 
sometimes placed before the pile. (Virg. Ovid, /. c. ; 
Sil. Ital. x. 535.) On the top of the pile the corpse 
was placed, with the couch on which it had been 
carried (Tibull. i. 1. Gl), and the nearest relation 
then set fire to the pile with his face turned away. 
[Fax.] When the flames began to rise, various 
perfumes were thrown into the fire (called by 
Cicero ((. c.) sumpluosa respersio), though this 
practice was forbidden by the Twelve Tables ; 
cups of oil, ornaments, clothes, dishes of food, and 
other things, which were supposed to be agreeable 
to the deceased, were also thrown upon the flames. 
(Virg. Aen. vi. 225 ; StaL Theb. vi. 12G ; Lucan. 
ix. 175.) 

The place where a person was burnt was called 
Hustuin, if he was afterwards buried on the same 
spot, and Ustrina or L'striuum if he was buried at 
a different place. (Festus, s. v. buxtum.) Persons 
of property frequently set apart a s|iace, surrounded 
by a wall, near their sepulchres, for the purpose of 
burning the dead ; but those who could not atWd 
the space appear to have sometimes placed the 
funeral pyres against the monuments of others, 
which was frequently forbidden in inscriptions on 
monuments. (Ifuir mimutm nlo ustriniim upplieari 
non licet, Grutcr, 755. 4. G5G. 3 ; Orelli, 4384, 
4385.) 

If the deceased was an emperor, or an illustrious 
general, the soldiers marched (dntirrcUint) three 
times round the pile (Virg. Am. xi. 188 ; Tacit. 
Ann. ii. 7), which custom was observed annually 
at a monument built by the soldiers in honour of 
Dmsus. (Suet. Claud. 1.) Sometimes animals 
were slaughtered at the pile, and in ancient times 
captives and slaves, since the Manes were supposed 
to be fond of blood ; but afterwards gladiators, 



560 



FCJNUS. 



FUNUS. 



called Bitstuarii, were hired to fight round the 
burning pile. (Serv. ad Virg. Aen. x. 519; corap. 
Hor. Sat. ii. 3. 85.) 

When the pile was burnt down, the embers 
were soaked with wine, and the bones and ashes 
of the deceased were gathered by the nearest rela- 
tives ( Virg. Aen. vi. 226—228 ; Tibull. i. 3. 6, iii. 
2. 10 ; Suet. Aug. 100), who sprinkled them with 
perfumes, and placed them in a vessel called urna 
(Ovid, Ann. iii. 9. 39 ; feralis urna, Tacit. Ann. 
iii. 1), which was made of various materials, ac- 
cording to the circumstances of individuals. Most 
of the funeral urns in the British Museum are made 
of marble, alabaster, or baked clay. They are of 
various shapes, but most commonly square or round ; 
and upon them there is usually an inscription or 
epitaph (titulus or epitaphium), beginning with the 
letters D. M. S. or only D. M., that is, Dis MaN- 
ibus Sacrum, followed by the name of the de- 
ceased, with the length of his life, &c, and also by 
the name of the person who had the urn made. 
The following examples, taken from urns in the 
British Museum, will give a general knowledge of 
such inscriptions. The first is to Serullia Zosimenes, 
who lived 26 years, and is dedicated by her son 
Prosdecias ; — 

D. M. 
Servlliae Zosimeni 
qvae vixit ann xxvl 
Bene meren. fecit 
Prosdecivs Filivs. 

The next is an inscription to Licinius Successus, 
who lived 13 years one month and 19 days, by his 
most unhappy parents, Comicus and Auriola : — 

Dis. Man. 
comicvs. et 
Avriola. Parentes 
Infelicissimi 
Licinio Svccesso. 
v. a. xiii. m. i. d. xix. 

The following woodcut is a representation of a 
sepulchral urn in the British Museum. It is of an 




upright rectangular form, richly ornamented with 
foliage, and supported at the sides by pilasters. It 
is erected to the memory of Cossutia Prima. Its 
height is twenty-one inches, and its width, at the 
base, fourteen inches six-eighths. Below the in- 
scription an infant genius is represented driving a 
car drawn by four horses. 

After the bones and ashes of the deceased had 
been placed in the urn, the persons present were 
thrice sprinkled by a priest with pure water from 
a branch of olive or laurel for the purpose of purifi- 
cation (Virg. Aen. vi. 229 ; Serv. ad loo.) ; after 
which they were dismissed by the praefica, or some 
other person, by the solemn word Jlicet, that is, 
ire licet. (Serv. I. c.) At their departure they were 
accustomed to bid farewell to the deceased by pro- 
nouncing the word Vale. (Serv. I. e.) 

The urns were placed in sepulchres, which, as 
already stated, were outside the city, though in a 
few cases we read of the dead being buried within 
the city. Thus Valerius, Publicola, Tubertus, and 
Fabricius were buried in the city ; which right 
their descendants also possessed, but did not use. 
(Cic. de Leg. ii. 23.) The vestal virgins and the 
emperors were buried in the city, according to Ser- 
vius (ad Virg. Aen. xi. 205), because they were 
not bound by the laws. By a rescript of Hadrian, 
those who buried a person in the city were liable to 
a penalty of 40 aurei, which was to be paid to the 
fiscus ; and the spot where the burial had taken 
place was confiscated. (Dig. 47. tit. 12. s. 3 § 5.) 
The practice was also forbidden by Antoninus Pius 
(Capitol. Anton. Pius, 12), and Theodosius II. 
(Cod. Theod. 9. tit. 17. s. 6.) 

The verb sepetire, like the Greek SdirTeiv, was 
applied to every mode of disposing of the dead 
(Plin. H. N. vii. 55) ; and sepulcrum signified any 
kind of tomb in which the body or bones of a man 
were placed. (Sepulcrum est; ubi corpus ossave 
hominis condita sunt, Dig. 11. tit. 7. s. 2. § 5 ; com- 
pare 47. tit. 12. s. 3. § 2.) The term Jiumare was 
originally used for burial in the earth (Plin. I. c), 
but was afterwards applied like sepelire to any mode 
of disposing of the dead ; since it appears to have 
been the custom, after the body was burnt, to 
throw some earth upon the bones. (Cic. de Leg. 
ii. 23.) 

The places for burial were either public or pri- 
vate. The public places of burial were of two 
kinds ; one for illustrious citizens, who were buried 
at the public expense, and the other for poor citi- 
zens, who could not afford to purchase ground for 
the purpose. The former was in the Campus Mar- 
tins, which was ornamented with the tombs of Lhe 
illustrious dead, and in the Campus Esquilinus 
(Cic. Phil. ix. 7) ; the latter was also in the Cam- 
pus Esquilinus, and consisted of small pits or 
caverns, called puticuli or puticulae (Varr. de Ling. 
Lat. v. 25. ed. Muller ; Festus, s. v. ; Hor. Sat. 
i. 8. 10) ; but as this place rendered the neigh- 
bourhood unhealthy, it was given to Maecenas, 
who converted it into gardens, and built a mag- 
nificent house upon it. Private places for burial 
were usually by the sides of the roads leading to 
Rome ; and on some of these roads, such as the 
Via Appia, the tombs formed an almost unin- 
terrupted street for many miles from the gates of 
the city. They were frequently built by indivi- 
duals during their life-time (Senec. de Brev. Vit. 
20) ; thus Augustus, in his sixth consulship, built 
the Mausoleum for his sepulchre between the Via 



FUNUS. 

Flaminia and the Tiber, and planted round it 
woods and walks for public use. (Suet. Aug. 100.) 
The heirs were often ordered by the will of the 
deceased to build a tomb for him (Hor. Sat. ii. 3. 
84 ; Plin. Ep. vi. 10) ; and they sometimes did 
it at their own expense (de suo), which is not un- 
frequently recorded in the inscription on funeral 
monuments, as in the following example taken 
from an um in the British Museum : — 

Dns Manibvs 
L. Lepidi Epaphkae 
Patkis Optimi 
L. Lepidivs 
Maxijivs F. 
De Svo. 

Sepulchres were originally called busta (Festus, 
t. v. Sepulcrum ), but this word was afterwards era- 
ployed in the manner mentioned above (p. .559, b.). 
Sepulchres were also frequently called Slonumenla 
Cic. ad Fam. iv. 12. § 3 ; Ovid, Met. xiiL 524), 
but this term was also applied to a monument 
erected to the memory of a person in a different 
place from where he was buried. (Festus, s. v. ; 
Cic j/ro .Serf. 07 ; comp. Dig. 1 1. tit. 8.) Condi- 
larva or condUiva were sepulchres under ground, 
in which dead bodies were placed entire, in con- 
tradistinction to those sepulchres which contained 
the bones and ashes only. They answered to the 
Greek irw6ytiov or irrcryawv. 

The tombs of the rich were commonly built of 
marble, and the ground enclosed with an iron 
railing or wall, and planted round with trees. (Cic 
iui Fam. iv. 12. § 3 ; Tibull. iii. 2. 22 ; Suet. A'er. 
33. 50 ; Martial, i. 89.) The extent of the bury- 
ing ground was marked by Cippi [Cippus]. The 
name of Mausoleum, which was originally the name 
of the magnificent sepulchre erected by Artemisia 
to the memory of Mausolus king of Caria (Plin. 
H. N. xxxvi. 4. § 9, xxxv. 49 ; OelL x. 18), 
was sometimes given to any splendid tomb. (Suet 
Aug. 100 ; Paus. viii. 16. § 3.) The open space 
before a sepulchre was called forum [FoRi'M],and 



FUN US. 



561 



neither this space nor the sepulchre itself could 
become the property of a person by usucapion. 
(Cic. de Leg. ii. 24.) 

Private tombs were either built by an individual 
for himself and the members of his family (sepulcra 
familiaria), or for himself and his heirs (sepulcra 
hereditaria,!)^. 11. tit. 7. s. 5). A tomb, which 
was fitted up with niches to receive the funeral 
urns, was called columbarium, on account of the 
resemblance of these niches to the holes of a 
pigeon-house. In these tombs the ashes of the 
freedmen and slaves of great families were fre- 
quently placed in vessels made of baked clay, 
called ollae, which were let into the thickness of 
the wall within these niches, the lids only being 
seen, and the inscriptions placed in front. Several 
of these columbaria are still to be seen at Rome. 
One of the most perfect of them, which was dis- 
covered in the year 1 822, at the villa Rufini, about 
two miles beyond the Porta Pia, is represented in 
the annexed woodcut. 




Tombs were of various sizes and forms, according 
to the wealth and taste of the owner. The fol- 
lowing woodcut, which represents part of the street 
of tombs at Pompeii, is taken from Mazois, Pom- 
jiciana, part L pi. 1 8. 




All these tombs were raised on a platform of 
masonry above the level of the footway. The first 
building on the right hand is a funeral triclinium, 
which presents to the street a plain front about 
twenty feet in length. The next is the family 
tomb of Nacvolcia Tyche ; it consists of a square 
building, containing a small chamber, and from the 
level of the outer wall steps rise, which support a 
marble cippus richly ornamented. The burial- 
ground of Ncstacidius follows next, which is sur- 
rounded by a low wall ; next to which comes a ! 
monument erected to the memory of C. Calventius 
ftriatWL The building is solid, and was not 
therefore a place of burial, but only an honorary 
tomb. The wall in front is scarcely four fret 
hL-h, from which three steps lead up to a cippus. \ 
The back rises into a pediment ; and the extreme 
height of the whole from the footway is about j 
seventeen feet. An unoccupied space intervenes , 



between this tomb and the next, which bears no 
inscription. The last building on the left is the 
tomb of Scaums, which is ornamented with bas- 
reliefs representing gladiatorial combats and the 
hunting of wild beasts. 

The tombs of the Romans were ornamented 
in various ways, but they seldom represented death 
in a direct manner. (Miillcr, Archaol. der 
Kunit, § 431 ; Leasing, H'iV </(/• Allen ilrn Tifl 
gcbildet haltrn ') A horse's head was one of the 
most common representations of death, as it signi- 
fied departure ; but we rarely meet with skeletons 
upon tombs. The following woodcut, however, 
which is taken from a bas-relief upon one of the 
tombs of Pompeii, represent* the skeleton of a 
child lying on a heap of stones. The dress of the 
female, who is stooping over it, is remarkable, and 
is still pres. neil, according to Mazois, in the 
country around Sora. (Mazois, I'uiup. i. pi. 30.) 
n o 



562 



FUNUS. 



FURCA. 




A sepulchre, or any place in which a person 
was buried, was religiosus ; all things which were 
left or belonged to the Dii Manes were religiosae ; 
those consecrated to the Dii Superi were called 
Sar.rae. (Gaius, ii. 46.) Even the place in which 
a slave was buried was considered religiosus. (Dig. 
11. tit. 7. s. 2.) "Whoever violated a sepulchre 
was subject to an action termed sepulcri violati 
actio. (Dig. 47. tit. 12 ; compare Cic. Tusc. i. 12, 
de Leg. ii. 22.) Those who removed the bodies 
or bones from the sepulchre were punished by death 
or deportatio in insulam, according to their rank ; 
if the sepulchre was violated in any other way, 
they were punished by deportatio, or condemna- 
tion to the mines. (Dig. 47- tit. 12. s. 11.) The 
title in the Digest (11. tit. 7), " De Religiosis et 
Smntibus Funerum," &c, also contains much curi- 
ous information on the subject, and is well worth 
perusal. 

After the bones had been placed in the urn at 
the funeral, the friends returned home. They then 
underwent a further purification called suffitio, 
which consisted in being sprinkled with water and 
stepping over a fire. (Festus, s. v. Aqua et igni.) 
The house itself was also swept with a certain 
kind of broom ; which sweeping or purification was 
called exverrae, and the person who did it everria- 
tor. (Festus, s. v.) The Denicales Feriae were 
also days set apart for the purification of the 
family. (Festus, s. v. ; Cic. de Leg. ii. 22.) The 
mourning and solemnities connected with the dead 
lasted for nine days after the funeral, at the end of 
which time a sacrifice was performed, called Noven- 
diale. (Porphyr. ad Horat. Epod. xvii. 48.) 

A feast was given in honour of the dead, but 
it is uncertain on what day ; it sometimes appears 
to have been given at the time of the funeral, some- 
times on the Novendiale, and sometimes later. 
The name of Silieernium was given to this feast 
(Festus, s. v.) ; of which the etymology is un- 
known. Among the tombs at Pompeii there is a 
funeral triclinium for the celebration of these feasts, 
which is represented in the annexed woodcut. 
(Mazois, Pomp. i. pi. xx.) It is open to the sky, 
and the walls are ornamented by paintings of ani- 
mals in the centre of compartments, which have 
borders of flowers. The triclinium is made of stone, 
with a pedestal in the centre to receive the table. 

After the funeral of great men, there was, in ad- 
dition to the feast for the friends of the deceased, 
a distribution of raw meat to the people, called 
Visceratio (Liv. viii. 22), and sometimes a public 
banquet. (Suet. Jul. 26.) Combats of gladiators 
and other games were also frequently exhibited in 




honour of the deceased. Thus at the funeral of 
P. Licinius Crassus, who had been Pontifex Maxi- 
mus, raw meat was distributed to the people, a 
hundred and twenty gladiators fought, and funeral 
games were celebrated for three days ; at the end 
of which a public banquet was given in the forum. 
(Liv. xxxix. 46.) Public feasts and funeral games 
were sometimes given on the anniversary of fune- 
rals. Faustus, the son of Sulla, exhibited in 
honour of his father a show of gladiators several 
years after his death, and gave a feast to the 
people, according to his father's testament. (Dion 
Cass, xxxvii. 51 ; Cic. pro Still. 19.) At all ban- 
quets in honour of the dead, the guests were dressed 
in white. (Cic. c. Vatin. 13.) 

The Romans, like the Greeks, were accustomed 
to visit the tombs of their relatives at certain 
periods, and to offer to them sacrifices and various 
gifts, which were called Inferiae and Parentalia. 
The Romans appear to have regarded the Manes or 
departed souls of their ancestors as gods ; whence 
arose the practice of presenting to them oblations, 
which consisted of victims, wine, milk, garlands of 
flowers, and other things. (Virg. Aen. v. 77, ix. 
215, x. 519 ; Tacit. Hist. ii. 95 ; Suet. Col. 15 ; 
Ner. 57 ; Cic. Phil. i. 6.) The tombs were some- 
times illuminated on these occasions with lamps. 
(Dig. 40. tit. 4. s. 44.) In the latter end of the 
month of February there was a festival, called 
Feralia, in which the Romans were accustomed to 
carry food to the sepulchres for the use of the dead. 
(Festus, s. v. ; Varro, de Ling. Lat. vi. 13 ; Ovid, 
Fast. ii. 565 — 570 ; Cic. ad Att. viii. 14.) 

The Romans, like ourselves, were accustomed to 
wear mourning for their deceased friends, which 
appears to have been black or dark-blue (atra) 
under the republic for both sexes. (Serv. ad Virg. 
Aen. xi. 287.) Under the empire the men con- 
tinued to wear black in mourning (Juv. x. 245), 
but the women wore white. (Herodian. iv. 2.) 
They laid aside all kinds of ornaments (Herodian. 
I. c. ; Terent. Heaut. ii. 3. 47), and did not cut 
either their hair or beard. (Suet. Jul. 67, Aug. 23, 
Cal. 24.) Men appear to have usually worn their 
mourning for only a few days (Dion Cass. lvi. 43), 
but women for a year when they lost a husband or 
parent. (Ovid, Fast. iii. 134; Senec. Epist. 63, 
Consol. ad Helv. 16.) 

In a public mourning on account of some signal 
calamity, as for instance the loss of a battle or the 
death of an emperor, there was a total cessation 
from business, called Justitium. [Justitium.] In 
a public mourning the senators did not wear the 
latus clavus and their rings (Liv. ix. 7), nor the 
magistrates their badges of office. (Tacit. Ann. 
iii. 4.) 

(Meursius, de Funere ; Stackelberg, Die Gr'dber 
der Hellenen, Berlin, 1837 ; Kirchmann, de Funeri- 
bus Rornanis; Becker, ChariMes, vol. ii. pp. 166 — 
210, Gallus, vol.ii. pp. 271—301.) 

FURCA, which properly means a fork, was also 



FURTUM. 



FURTUM. 



563 



the name of an instrument of punishment. It was 
a piece of wood in the form of the letter A, which 
was placed upon the shoulders of the offender, whose 
hands were tied to it Slaves were frequently 
punished in this way, and were obliged to carry 
about the furca wherever they went (Donat. ad 
Ter. Andr. iii. 5. 12 ; Plut. Coriol. 24 ; Plaut. 
Cas. ii. 6. 37) ; whence the appellation of furcifer 
was applied to a man as a term of reproach. (Cic. 
in Vatin. 6.) The furca was used in the ancient 
mode of capital punishment among the Romans ; 
the criminal was tied to it, and then scourged to 
death. (Liv. i. 26 ; Suet Xer. 49.) The patibulum 
was also an instrument of punishment, resembling 
the furca ; it appears to have been in the form of 
the letter n. (Plaut. Mil. ii. 4. 7, Mostcll. i. 1. 53.) 
Both the furca and patibulum were also employed 
as crosses, to which criminals were nailed (in furca 
stts}>endere, Dig. 48. tit. 13. s. 6 ; tit 19. s. 28. 
§ 15 ; tit. 19. s. 38). See Lipsius, de Cruce. 

FU'RCIFER. [Firca.] 

FURIO'SUS. [Curator.] 

FURNUS. [Fornax.] 

FUROR. [Curator.] 

FURTI ACTIO. [Furtum.] 

FURTUM, " theft," is one of the four kinds of 
delicts which were the foundation of obligationes ; 
it is also called " crimen." Moveable things only 
could be the objects of furtum ; for the fraudulent 
handling (cmtrectatio fraudulosa) of a thing was 
furtum, and contrcctatio is defined to be " loco 
movcrc." But a man might commit theft without 
earning off another person's property. Thus it 
wa9 furtum to use a thing which was deposited 
(drposilum). It was also furtum to use a thing 
which had been lent for use, in a way different 
from that which the lender had agreed to ; but 
with this qualification, that the borrower must be- 
lieve that he was doing it against the owner's con- 
sent, and that the owner would not consent to such 
use if he was aware of it ; for dolus malus wa9 an 
essential ingredient in furtum. Another requisite 
of furtum (l>ig. 47. tit. 2. s. 1) is the '* lucri faciendi 
gratia," the intention of appropriating the property. 
This was otherwise expressed by saying that furtum 
consisted in the intention (furtum ex aflectu consutit; 
or, tine affeciu furandi noncommittitur, Gaius, ii. 50). 
It was not necessary, in order to constitute furtum, 
that the thief should know whose property the thing 
was. A person who was in the power of another 
might be the object of furtum. (Inst. 4. tit 1. § 9.) 
A debtor might commit furtum by taking a thing 
which he had given as a pledge (pirpiori) to a cre- 
ditor ; or by taking his property when in the pos- 
session of a bona fide possessor. Thus there might 
be furtum cither of a moveable thing itself, or of 
the use of a thing, or of the possession, as it is ex- 
pressed. (Inst. 4. tit 1. § 1.) 

The definition of furtum in the Institutes is rci 
BBBlMCtStio fraudulosa, without the addition of the 
word " alienac." Accordingly the definition com- 
prises both the case of a man stealing the property 
of another, and also the case of a man stealing his 
own property, as when a man fraudulently Like* a 
moveable thing, win. I) h Iih propi-ny, Irnm a (»• i 
ion who has the Icgnl possession of it This latter 
case is the " furtum possessionis." The definition 
in the Institutes is not intended as a classification 
ot theft into three distinct kinds, but only to show 
by wny of example the extent of the meaning of the 
term Furtum. This is well explained by Van • i 



Pandelien, &c. iii. p. 550. See also Rein, Das 
Criminalrecht der Ranter, p. 304. 

A person might commit furtum by aiding in a 
furtum, as if a man should jostle you in order to 
give another the opportunity of taking your money ; 
or drive away your sheep or cattle in order that 
another might get possession of them : but if it 
were done merely in a sportive way, and not with 
a view of aiding in a theft, it was not furtum, 
though there might be in such case an actio utilis 
under the Lex Aquilia, which gave such an action 
even in the case of culpa. [Damnum.] 

Furtum was either Manifestum or Nec Manifes- 
tum. It was clearly manifestum when the person 
was caught in the act ; but in various other cases 
there was a difference of opinion as to whether the 
furtum was manifestum or not Some were of 
opinion that it was furtum manifestum so long as 
the thief was engaged in carrying the thing to the 
place to which he designed to carry it : and others 
maintained that it was furtum manifestum if the 
thief was ever found with the stolen thing in his 
possession ; but this opinion did not prevail. 
(Gaius, iii. 184 ; Inst 4. tit I. § 3.) That which 
was not manifestum was nec manifestum. Furtum 
conceptum and oblatum were not species of theft, 
but species of action. It was called conceptum 
furtum when a stolen thing was sought and found, 
in the presence of witnesses, in the possession of a 
person, who, though he might not be the thief, was 
liable to an action called Furti Concepti. If a man 
gave you a stolen thing, in order that it might be 
found (condperetur) in your possession, rather than in 
his, this was called Furtum Oblatum, and you had 
an action Furti Oblati against him, even if he was 
not the thief. There was also the action Prohibiti 
Furti against him who prevented a person from 
searching for a stolen thing (furtum) ; for the 
word furtum signifies both the act of theft and the 
thing stolen. 

The punishment for furtum manifestum by the 
law of the Twelve Tables was capitalis, that is, it 
affected the person's caput : a freeman who had 
committed theft was flogged and consigned (addic- 
tus) to the injured person ; but whether the thief 
became a slave in consequence of this addictio, or 
an adjudicatus, was a matter in dispute among the 
ancient Romans. The Edict subsequently changed 
the penalty into an actio quadrupli, both in the case 
of a slave and a freedman. The penalty of the 
Twelve Tables, in the case of a furtum nec mani- 
festum, was duplum, and this was retained in the 
Edict : in the case of the conceptum nod oblatum 
it was triplum, and this also was retained in the 
Edict In the case of Prohibitum, the penalty was 
qundruplum, according to the provisions of the 
Edict ; for the law of the Twelve Tables had af- 
fixed no penalty in this case, but merely enacted 
that if a man would search for stolen property, he 
must be naked all but a cloth round his middle, 
and must hold a dish in his hand. If he found 
any thing, it was furtum manifestum. The ab- 
surdity of the law, says Gaius, is apparent ; for if 
a man would not let a person search in his ordinary 
dress, much less would he allow him to m arch un- 
dressed, when the penalty would In: so much more 
severe if any thing was found. (Compare Grimm, 
Van der Potwie in Hrcht, Zcitschrift, vol. ii. p. 91.) 

The actio furti was given to all persons who had 
an interest in the preservation of the thing stolen 
Irujut inlcrcti rem »<j/rrnn esse), and the owner of 
o o 2 



564 



FURTUM. 



FUSTUARIUM. 



a thing, therefore, had not necessarily this action. 
A creditor might have this action even against the 
owner of a thing pledged, if the owner was the 
thief. A person to whom a thing was delivered in 
order to work upon it, as in the case of clothes 
given to a tailor to mend, could bring this action 
against the thief, and the owner could not, for the 
owner had an action (locati) against the tailor. 
But if the tailor was not a solvent person, the owner 
had his action against the thief, for in such case the 
owner had an interest in the preservation of the 
thing. The rule was the same in the case of com- 
modatum [Commodatum]. But in a case of de- 
positum, the depositee was under no obligation for 
the safe custody of the thing (custodiam praestare), 
and he was under no liability except in the case of 
dolus ; consequently, if the deposited thing was 
stolen, the owner alone had the actio furti. A 
bona fide purchaser might have the actio furti, 
even if the thing had not been delivered to him, 
and he were consequently not dominus. 

An impubes might commit theft (obligatur crimine 
furli), if he was borderiug on the age of puberty, 
and consequently of sufficient capacity to under- 
stand what he was doing. If a person who was 
in the power of another committed furtum, the 
actio furti was against the latter. 

The right of action died with the offending per- 
son. If a peregrinus committed furtum, he was 
made liable to an action by the fiction of his being 
a Roman citizen (Gaius, iv. 37) ; and by the same 
fiction he had a right of action, if his property 
was stolen. 

He who took the property of another by force 
was guilty of theft ; but in the case of this delict, 
the praetor gave a special action Vi bonorum rap- 
torum. The origin of the action Vi bonorum rap- 
torum is referred by Cicero to the time of the civil 
wars, when men had become accustomed to acts of 
violence and to the use of arms against one another. 
Accordingly, the Edict was originally directed 
against those who with bodies of armed men 
(hominibus armatis coactisque) did injury to the 
property of another or carried it off {quid aut 
rapuerint aut damni dederint). With the estab- 
lishment of order under the empire the prohibition 
against the use of arms was less needed, and the 
word armatis is not contained in the Edict as cited 
in the Digest (47. tit 8). The application of the 
Edict would however have still been very limited, 
if it had been confined to cases where numbers 
were engaged in the violence or robbery ; and ac- 
cordingly the jurists discovered that the Edict, 
when properly understood, applied also to the case 
of a single person committing damnum or carrying 
off property. Originally the Edict comprehended 
both damnum and bona rapta, and, indeed, damnum 
which was effected vi homninibus armatis coac- 
tisque, was that kind of violence to the repression 
of which the Edict was at first mainly directed. 
Under the empire the reasons for this part of the 
Edict ceased, and thus we see that in Ulpian's 
time the action was simply called " vi bonorum 
raptorum." In the Institutes and Code the action 
applies to robbery only, and there is no trace of the 
other part of the Edict. This instructive illustration 
of the gradual adaptation, even of the Edictal law, 
to circumstances is given by Savigny (Zeitschrift, 
vol. v. Ueber Cicero Pro Tullio und die Actio vi bo- 
norum Raptorum), who has also given the masterly 
emendation of Dig. 47. tit. 8. s. 2. § 7, by Heise. 



The obj ect of the furti actio was to get a penalty ; 
as to the thing stolen the owner could recover it 
either by a vindicatio, which was available against 
any possessor, whether the thief or another, or by 
a condictio, which was available against the thief 
or his heres, though he had not the possession. 
(Inst. 4. tit. 1. § 19.) 

The strictness of the old law in the case of 
actions of theft was gradually modified, as already 
shown. By the law of the Twelve Tables, if 
theft (furtum) was committed in the night, the 
thief, if caught in the act, might be killed : and 
he might also be killed in the daytime, if he was 
caught in the act and defended himself with any 
kind of a weapon (telum) ; if he did not so defend 
himself, he was whipped and became addictus, if 
a freeman (as above stated) ; and if a slave, he 
was whipped and thrown down a precipice. 

The following are peculiar kinds of actiones 
furti : (1) Actio de tigno juncto, against a person 
who employed another person's timber in his 
building ; (2) Actio arborum furtim caesarum, 
against a person who secretly cut wood on another 
person's ground ; (3) Actio furti adversus nautas 
et caupones, against nautae and caupones [Exer- 
citor], who were liable for the acts of the men in 
their employment. 

There were two cases in which a bona fide pos- 
sessor of another person's property could not obtain 
the ownership by usucapion ; and one of them was 
the case of a res furtiva, which was provided for 
in the Twelve Tables. The Roman Law as to 
Furtum underwent changes, as appears from what 
has been said ; and the subject requires to be 
treated historically in order to be fully understood. 
The work of Rein (Das Criminalrecht der Romer) 
contains a complete view of the matter. 

(Gaius, iii. 183—209, iv. 1 ; Gellius, xi. 18 ; 
Dig. 47. tit. 2 ; Inst. 4. tit. 1 ; Dirksen, Ueber- 
sicht, &c pp. 564 — 594 ; Heinec. Syntag. ed. Hau- 
bold ; Rein, Das Rom. Privatrecht, p. 345 ; Rein, 
Das Criminalrecht der Romer, p. 293.) [G. L.] 

FU'SCINA (rpiaiva), a trident ; more commonly 
called tridens, meaning tridents stimulus, because it 
was originally a three-pronged goad, used to incite 
horses to greater swiftness. Neptune was supposed 
to be armed with it when he drove his chariot, and 
it thus became his usual attribute, perhaps with an 
allusion also to the use of the same instrument in 
harpooning fish. It is represented in the cut on 
p. 276. (Horn. II. xii. 27, Od. iv. 506, v. 292 ; 
Virg. Georg. i. 13, A en. i. 138, 145, ii. 610 ; 
Cic. de Nat. Deor. i. 36 ; Philost. lmag. ii. 14.) 
The trident was also attributed to Nereus (Virg. 
Aen. ii. 418) and to the Tritons. (Cic. de Nat. 
Deor. ii. 35 ; Mart. Sped. xxvi. 3.) 

In the contests of gladiators the Retiarius was 
armed with a trident. (Juv. ii. 148, viii. 203.) 
[Gladiator.] [J. Y.] 

FUSTUA'RIUM QvKoKoirla) was a capital 
punishment inflicted upon the Roman soldiers for 
desertion, theft, and similar crimes. It was ad- 
ministered in the following manner : — When a 
soldier was condemned, the tribune touched him 
slightly with a stick, upon which all the soldiers of 
the legion fell upon him with sticks and stones, 
and generally killed him upon the spot. If how- 
ever he escaped, for he was allowed to fly, he could 
not return to his native country, nor did-any of his 
relatives dare to receive him into their houses. 
(Polyb. vi. 37 ; compare Liv. v. 6.) This punish- 



fusus. 



GALEA. 



565 



ment continued to be inflicted in the later times of 
the republic (Cic. Philip, iii. 6), and under the 
empire. (Tacit. Ann. iii. 21.) 

Different from the fustuarium was the animad- 
versio fustium, which was a corporal punishment 
inflicted under the emperors upon free men, but 
only those of the lower orders (tenuiores, Dig. 48. 
tit. 19. s. 28. §2). It was a less severe punish- 
ment than the flogging with flagella, which punish- 
ment was confined to slaves. (Dig. 48. tit. 19. 
s. 10 ; 47. tit 10. s. 45.) [Flagrum.] 

FUSUS (irpaKTos), the spindle, was always, 
when in use, accompanied by the distaff (colus, 
JlKcucaTri), as an indisputable part of the same 
apparatus. (Ovid, Met. iv. 220—229.) The wool, 
flax, or other material, having been prepared for 
spinning, and having sometimes been dyed (ioSve- 
tpes tlpos ixovaa, Horn. Od. iv. 135), was rolled 
into a ball (roKinrn, glomus, Hot. Epist. i. 13. 14 ; 
Ovid, Mel. vi. 19), which was, however, sufficiently 
loose to allow the fibres to be easily drawn out by 
the hand of the spinner. The upper part of the 
distaff was then inserted into this mass of flax or 
wool (colus comla, Plin. H. X. viiL 74), and the 
lower part was held in the left hand under the left 
arm in such a position as was most convenient for 
conducting the operation. The fibres were drawn 
out, and at the same time spirally twisted, chiefly 
by the use of the fore-finger and thumb of the right 
hand (ooktuAoij ikioat, Eurip. Orest. 14 14 ; pollice 
dodo, Claud, de PnJj. Cons. 177) ; and the thread 
( filum, stamen, teflfia) so produced was wound upon 
the spindle until the quantity was as great as it 
would carry. 

The spindle was a stick, 10 or 12 inches long, 
having at the top a slit or catch (dens, iyKiarpov) 
in which the thread was fixed, so that the weight 
of the spindle might continually earn - down the 
thread as it was formed. Its lower extremity was 
inserted into a small wheel called the whorl (vor- 
ticetlum), made of wood, stone, or metal (see wood- 
cut), the use of which was to keep the spindle 
more steady and to promote its rotation : for the 




■pinner, who was commonly a female, ever)' now 
and thi n twirled round the spindle with her right 
hand (Herod, v. 12 ; Ovid. Met. vL 22), so as to 
twist the thread still more completely ; and when- 
ever, by in continual prolongation, it let down the 
spindle to the ground, she took it out of the slit, 
wound it upon the spindle, nnd, having replaced it 
in the slit, drew out and twisted another length. 
All these circumstances are mentioned in detail by 
Catullus (lxir, 305— 319). The accompanying 



woodcut is taken from a series of bas-reliefs repre- 
senting the arts of Minerva upon a frieze of the 
Forum Palladium at Rome. It shows the opera- 
tion of spinning, at the moment when the woman 
has drawn out a sufficient length of yarn to twist 
it by whirling the spindle with her right thumb and 
fore-finger, and previously to the act of taking it 
out of the slit to wind it upon the bobbin (iri\vtov) 
already formed. 

The distaff was about three times the length of 
the spindle, strong and thick in proportion, com- 
monly either a stick or a reed, with an expansion 
near the top for holding the ball. It was some- 
times of richer materials and ornamented. Theo- 
critus has left a poem {IdyU. xxviii.) written on 
sending an ivory distaff to the wife of a friend. 
Golden spindles were sent as presents to ladies of 
high rank (Horn. Od. iv. 131 ; Herod, iv. 162) ; 
and a golden distaff is attributed by Homer and 
Pindar to goddesses, and other females of remark- 
able dignity, who are called xpwTjAa/caToi. 

It was usual to have a basket to hold the dis- 
taff and spindle, with the balls of wool prepared 
for spinning, and the bobbins already spun. (Brunck, 
Anal. 'ii. 12 ; Ovid, Met. iv. 10.) [CaLathus.] 

In the rural districts of Italy women were for- 
bidden to spin when they were travelling on foot, 
the act being considered of evil omen. ( Plin. H. X. 
nviii. 5.) The distaff and spindle, with the wool 
and thread upon them, were carried in bridal pro- 
cessions ; and, without the wool and thread, they 
were often suspended by females as offerings of re- 
ligious gratitude, especially in old age, or on relin- 
quishing the constant use of them. (Plin. //. A". 
viiL 74.) [Donaria.] They were most frequently 
dedicated to Pallas, the patroness of spinning, and 
of the arts connected with it. This goddess was 
herself rudely sculptured with a distaff and spindle 
in the Trojan Palladium. (Apollod. iii. 12. 3.) 
They were also exhibited in the representations of 
the three Fates, who were conceived, by their spin- 
ning, to determine the life of every man ; and at 
the same time by singing, as females usually did 
whilst they sat together at their work, to predict 
his future lot (Catull. /. c.) [J. Y.] 

G. 

GABINUS CINCTUS. [Toga.] 
GAESUM. [Hasta. ] 

GA'LEA (Kpa.vo%,poet. x6pvt, irrjA7jt), a helmet; 
a casque. The helmet was origiaally made of skin 
or leather, whence is supposed to have arisen its 
appellation, Kvvir\, meaning properly a helmet of 
dog-skin, but applied to caps or helmets made of 
the hide of other animals (ravpfi-n, kti&Vt), Horn. 
//. x. 258, 335 ; aiyttr), Od. xxiv. 230 ; Herod, 
vii. 77 ; compare xpavn aximva, Xen. Anah. v. 4. 
§ 13 ; galea lupina, I'rop. iv. 11. 19), and even to 
those which were entirely of bronze or iron (*dy- 
XoAkoi, Od. xviii. 377). The leathern basis of 
the helmet was also very commonly strengthened 
and adomed by the addition of cither bronze or 
gold, which is expressed by such epithets as X *-- 
(djpif, «Cx aA -* < ", XP va *^, Helmets which had a 
metallic basis (tpivTi X"*-*"* Xen. Anuli. i. 2. g 
16) were in Latin properly called rassides (laid. 
On//, xviii. I I ; Tacit. derm, (i ; Caesar, II. (!. iii. 
45), although the terms galea and cassis ore often 
confounded. A casque (eassis) found at Ponpeii 
is preserved in the collection at Goodrich Court, 
ci 3 



566 



GALEA. 



GALLI. 



Herefordshire. (Skelton, Engraved lllust. i. pi. 44.) 
The perforations for the lining and exterior border 
are visible along its edge. A side and a front 
view of it are presented in the annexed woodcut. 




Two casques very like this were fished up from the 
bed of the Alpheus, near Olympia, and are in the 
possession of Mr. Hamilton. (Dodwell, Tour, 
vol. ii. p. 330.) Among the materials used for 
the lining of helmets were felt (v7\os, Horn. //. 
x. 265) and sponge. (Aristot. H. A. v. 16.) 

The helmet, especially that of skin or leather, 
was sometimes a mere cap conformed to the shape 
of the head, without either crest or any other orna- 
ment (d<pa\6v T€ Kal a\o(poi>, 11. x. 358). In this 
state it was probably used in hunting (galea vena- 
toria, C. Nep. Dat. iii. 2.), and was called icarai- 
Ti>£ (Horn. II. I. c), in Latin Cudo. The pre- 
ceding woodcut shows an example of it as worn by 
Diomede in a small Greek bronze, which is also in 
the collection at Goodrich Court. (Skelton, I. a.) 
The additions by which the external appearance of 
the helmet was varied, and which served both for 
ornament and protection, were the following : — ■ 

1. Bosses or plates, proceeding either from the 
top (cpd\os, Horn. II. iii. 362) or the sides, and 
varying in number from one to four (d[j.<p'i(pa\os, 
Hitpdhos, Horn. II. v. 743, xi. 41 ; Eustath. ad he; 
rerpdcpaXos, II. xii. 384). It is however very 
doubtful what part of the helmet the <pd\os was. 
Buttraann thought that it was what was after- 
wards called the kuvos, that is, a metal ridge in 
which the plume was fixed ; but Liddell and Scott 
(Lea. s. v.) maintain with more probability that 
the (pdXos was the shade or fore-piece of the helmet ; 
and that an dfi<pl<pa\os helmet was one that had a 
like projection behind as well as before, such as 
may be seen in the representations of many ancient 
helmets. 

2. The helmet thus adorned was very commonly 
surmounted by the crest (crista, \6<pos, Horn. II. 
xxii. 316), which was often'of horse-hair (h-rrovpis, 
'nnroSdveia, Horn. II. cc. ; AScpaJV eBeipai, Theocr. 
xxii. 186 ; hirsuta juba, Propert. iv. 11. 19), and 
made so as to look imposing and terrible (Horn. II. 
iii. 337 ; Virg. Aen. viii. 620), as well as hand- 
some. (Ib. ix. 365 ; evXocpos, Heliod. Aeth. vii.) 
The helmet often had two or even three crests. 
(Aesch. Sep. c. Theb. 384.) In the Roman army 
of later times the crest served not only for orna- 
ment, but also to distinguish the different centu- 
rions, each of whom wore a casque of a peculiar 
form and appearance. (Veget. ii. 1 3.) 

3. The two cheek-pieces (bucculae, Juv. x. 1 34 ; 
irapayvaBiSes, Eustath. in II. v. 743), which were 
attached to the helmet by hinges, so as to be lifted 
up and down. They had buttons or ties at their 
extremities for fastening the helmet on the head. 
(Val. Flace. vi. 626.) 

4. The beaver, or visor, a peculiar form of which 
is supposed to have been the av\u>Tns rpv(pd\eia, 
i. e. the perforated beaver. (Horn. II. xi. 353.) 
The gladiators wore helmets of this kind (Juv. 
viii. 203), and specimens of them, not unlike those 



worn in the middle ages, have been found at Pom- 
peii. See the wood-cut to Gladiator.es. 

The five following helmets are selected from an- 
tique gems, and are engraved of the size of the 
originals. [J. Y.] 




GALERI'CULUM. [Galerus.] 
GALE'RUS or GALE'RUM, was originally 
a covering for the head worn by priests, espe- 
cially by the flamen dialis (Gell. x. 15 ; Serv. ad 
Virg. Aen. ii. 683). It appears to have been a 
round cap made of leather, with its top ending in 
an apex or point. [See cut on p. 102.] The word is 
probably connected with galea, a helmet. In course 
of time the name was applied to any kind of cap 
fitting close to the head like a helmet. (Virg. Aen. 
vii. 688; Virg. Moret. 121; Suet. Ner. 26.) Galerus 
and its diminutive Galeriadum are also used to 
signify a covering for the head made of hair, and 
hence a wig. (Juv. Sat. vi. 120, with the Schol.; 
Suet. Oth. 12 ; Mart. xiv. 50.) 

GALLI, the priests of Cybele, whose worship 
was introduced at Rome from Phrygia, in B.C. 204. 
(Liv. xxix. 10, 14, xxxvi. 36.) The Galli were, 
according to an ancient custom, always castrated 
(spadones, semimares, seniiviri, nec viri nee feminae), 
and it would seem that impelled by religious fana- 
ticism they performed this operation on themselves. 
(Juv. vi. 512, &c. ; Ovid, Fast. iv. 237; Martial, 
iii. 81, xi. 74 ; Plin. II. 2V. xi. 49.) In their 
wild, enthusiastic, and boisterous rites, they re- 
sembled the Corybantes (Lucan. i. 565, &c. ; 
compare Hilaria), and even went further, in as 
much, as in their fury, they mutilated their own 
bodies. (Propert. ii. 18. 15.) They seem to have 
been always chosen from a poor and despised class 
of people, for while no other priests were allowed to 
beg, the Galli (famuli Idaeae matris) were allowed 
to do so on certain days. (Cic. de Leg. ii. 9 and 
16.) The chief priest among them was called ar- 
chigallus. (Servius, ad Aen. ix. 116.) The origin 
of the name of Galli is uncertain : according to 
Festus (s. v.), Ovid (Fast. iv. 363), and others, it 
was derived from the river Gallus in Phrygia, 
which flowed near the temple of Cybele, and the 
water of which was fabled to put those persons 
who drank of it into such a state of madness, that 
they castrated themselves. (Compare Plin. H. N. 
v. 32, xi. 40, xxxi. 2 ; Herodian. 11.) The sup- 
position of Hieronymus (Cap. Oseae, 4) that Galli 
was the name of the Gauls, which had been given 
to these priests by the Romans in order to show 
their contempt of that nation, is unfounded, as the 
Romans must have received the name from Asia, 
or from the Greeks, by whom, as Suidas (s. v.) in- 
forms us, Gallus was used as a common noun in 
the sense of eunuch. There exists a verb gallare, 
which signifies to rage (insanare, baccliari), and 



1 



GENIUS. 

which occurs in one of the fragments of Varro 
(p. 273, ed. Bip.) and in the Antholog. Lai. vol. L 
p. 34, ed. Burmann. [L. S.] 

GAME'LIA (yafn)\ld). The demes and phra- 
tries of Attica possessed various means to prevent 
intruders from assuming the rights of citizens. 
Among other regulations it was ordained that every 
bride, previous to her marriage, should be intro- 
duced by her parents or guardians to the phratria 
of her husband (yant)\iav inrip yvvcuKos ei<T(p4pcii>, 
Isaeus, de Pyrrh. Haered. pp. 62, 6.5, Ace. ; dedron. 
Baertd. p. 208 ; Demosth. c. Euhul. p. 1312 and 
1320). This introduction of the young women 
was accompanied by presents to their new phratores, 
which were called yafi-nKta, (Suidas, s. r. ; Schol. 
ad Dem. c. Euljul. p. 1312.) The women were 
enrolled in the lists of the phratries, and this enrol- 
ment was also called yap-nhia. The presents seem 
to have consisted in a feast given to the phratores, 
and the phratores in return made gome offerings to 
the gods on behalf of the young bride. (Pollux, 
iii. 3, viii. 9, 28.) The acceptance of the presents 
and the permission to enroll the bride in the registers 
of the phratria, was equivalent to a declaration that 
she was considered a true citizen, and that conse- 
quently her children would have legitimate claims 
to all the rights and privileges of citizens. (Herat. 
Lehr. d. griech. Staatsalt. § 100. n. 1.) 

rafirjK'ia was also the name of a sacrifice offered 
to Athena on the day previous to the marriage of a 
girl. She was taken by her parents to the temple 
of the goddess in the Acropolis, where the offerings 
were made on her behalf. (Suidas, s. v. T\pori\eia.) 

The plural, ytynjftXot, was used to express wed- 
ding solemnities in general. (Lvcophron, tip. Etum. 
At. t. v.) [L.S.] 

GA.MOS (yduoi). [Matri.moniim.J 

GA'.MORI. [Geo.moui.) 

GA'NEa. [Caupona, p. 259, a.] 

GAUSAPA, GAUSAPE, or GAUSAPUM, 
a kind of thick cloth, which was on one side very 
woolly, and was used to cover tables (Horat. Sat. 
ii. 11 ; Lucil. ap. Priscian. ix. 870), beds (Mart, 
xiv. 147), and by persons to wrap themselves up 
after taking a bath (Petron. 28), or in general to 
protect themselves against rain and cold. (Seneca, 
Eput. 53.) It was wom by men as well as women. 
(Ovid, Ars Anuit. ii. 300.) It came in use among 
the Komans about the time of Augustus f 1*1 in. 
//. viii. 48), and the wealthier Romans had it 
made of the finest wool, and mostly of a purple 
colour. The gausapum seems, however, sometimes 
to have been made of linen, but its peculiarity of 
having one side more woolly than the other always 
remained the same. (Mart. xiv. 138.) As Martial 
(xiv. 152) calls it gau.vtjHi quailrata, we have 
reason to suppose that, like the Scotch plaid, it was 
always, for whatever purpose it might be used, a 
nqiiarc or oblong piece of cloth. (Sec Bottiger, 
Sahina, ii. p. 102.) 

The word gausapa is also sometimes used to de- 
signate a thick wig, such as was made of the hair 
of Germans, and wom by the fashionable people 
nt Rome at the time of the emperors. (Perl. .Sin/, 
vi. 46.) Persius (Sal. iv. 38) also applies the word 
in a figurative sense to a full beard. [ L. S.] 

GEI.EONTK.S. ITim.i s, Greek. | 

QBLOTOPOll (7»a«toitoioI) [Parasiti/] 

GENE SIA. (Fi st s, p. 55H,n.| 

GE'NII'S. See Did. of Or. and Horn. Bio- 
yraphy. 



GENS. 567 
GENOS (yevos). [Tribus, Greek.] 
GENS. This word contains the same element 
as the Latin ^e^us, and gi//n,o, and as the Greek 
yivos, y'l-yv-o/iai, ccc, and it primarily signifies 
kin. But the word has numerous significations, 
which have either a very remote connection with 
this its primary notion, or perhaps none at all. 

Gens sometimes signifies a whole political com- 
munity, as Gens Latinorum, Gens Campanorum, 
&c. (Juv. Sut. viii. 239, and Heinrich's note) ; 
though it is probable that in this application of the 
term, the notion of a distinction of race or stock 
is implied, or at least the notion of a totality of 
persons distinguished from other totalities by same- 
ness of language, community of law, and increase 
of their numbers among themselves only. Cicero 
(pro Balbo, c. 13) speaks of " Gentes univcrsae in 
civitatem rcccptae, ut Sabinoruni, Volscoruni, ller- 
nicorum." It is a consequence of such meaning of 
Gens, rather than an independent moaning, that 
the word is sometimes used to express a people 
simply with reference to their territorial limits. 

The meaning of the word in the expression Jus 
Gentium is explained under Jus. 

The words Gens and Gentiles have a special 
meaning in the system of the Roman law and in 
the Roman constitution. Cicero (Top. 6) has pre- 
served a definition of Gentiles which was given by 
Scacvola, the pontifcx, and which, with reference 
to the time, must be considered complete. Those 
were Gentiles, according to Scacvola, (1) who bore 
the same name, (2) who were born of freemen 
(ingenui), (3) none of whose ancestors had been a 
slave, and (4) who had suffered no capitis diminu- 
tio. This definition contains nothing which shows 
a common bond of union among gentiles, except 
the possession of a common name ; but those who 
had a common name were not gentiles, if the three 
other conditions, contained in this definition, were 
not applicable to them. There is also a definition 
of gentilis by Festus : — "That is called Gens 
Aclia which is composed (conficitur) of many 
familiae. Gentilis is both one who is of the same 
stock (genus), and one who is called by the same 
name (simili nomine) *, as Cincius says, those are 
my gentiles who are called by my name." 

Wo cannot conclude any thing more from the 
conficitur of Festus than that a Gens contained 
several familiae, or that several familiae were com- 
prehended under one Gens. According to the 
definition, persons of the same genus (kin) were 
gentiles, and also persons of the same name were 
L" utile s. If Festus meant to say that all persons 
of the same genus and all persons of the same 
name were gentiles, his statement is inconsistent 

* " Gentilis dicitur et ex eodem generc ortus,rf 
is qui simili nomine nppcllutur." The second et is 
sometimes read ul, which is manifestly not the right 
reading, as the context shows. Besides, if the 
words " ut is qui simili nomine appellatur," are to 
be taken as an illustration of "ex eodem genero 
ortus," as they must be if at is the true rending, 
then the notion of a common name i* viewed as of 
necessity being contained in the notion of common 
kin, whereas thrre may be common kin without 
common name, and common name without common 
kin. Thus neither does common nnme include nil 
common kin, nor does common kin include nil com- 
mm name ; yet each includes something that tho 
other includes. 

n 4 



568 



GENS. 



GENS. 



with the definition of the Pontifex ; for persons 
might be of the same genus, and might have sus- 
tained a capitis diminutio either by adoption or 
adrogation, or by emancipation : in all these cases 
the genus would remain, for the natural relation- 
ship was not affected by any change in the juris- 
tical condition of a person ; in the cases of adoption 
and adrogation the name would be lost : in the case 
of emancipation it would be retained. If the defi- 
nition of Festus means that among those of the 
same genus there may be gentiles ; and among 
those of the same name, gentiles may also be in- 
cluded, his definition is true ; but neither part of 
the definition is absolutely true, nor, if both parts 
are taken together, is the whole definition abso- 
lutely true. It seems as if the definition of gentiles 
was a matter of some difficulty ; for while the pos- 
session of a common name was the simplest general 
characteristic of gentilitas, there were other condi- 
tions which were equally essential. 

The name of the gens was generally characterised 
by the termination eia or ia, as Julia, Cornelia, 
Valeria. 

When a man died intestate and without agnati, 
his familia [Familia] by the law of the Twelve 
Tables came to the gentiles ; and in the case of a 
lunatic (fm-iosus) who had no guardians, the guar- 
dianship of the lunatic and his property belonged 
to the agnati and to the gentiles ; to the latter, we 
may presume, in case the former did not exist. 

Accordingly, one part of the jus gentilitiura or 
jus gentilitatis related to successions to the pro- 
perty of intestates, who had no agnati. A notable 
example of a dispute on this subject between the 
Claudii and Marcelli is mentioned in a difficult 
passage of Cicero (de Orat. i. 39). The Marcelli 
claimed the inheritance of an intestate son of one 
of the liberti or freedmen of their familia (stirpe) • 
the Claudii claimed the same by the gentile rights 
(genie). The Marcelli were plebeians and be- 
longed to the patrician Claudia gens. Niebuhr 
observes that this claim of the Claudii is incon- 
sistent with Cicero's definition, according to which 
no descendant of a freedman could be a gentilis ; 
and he concludes that Cicero (that is Scaevola) 
must have been mistaken in this part of his defi- 
nition. But it must be observed though the 
descendants of freedmen might have no claim as 
gentiles, the members of a gens might as such 
have claims against them ; and in this sense the 
descendants of freedmen might be gentiles. It 
would seem as if the Marcelli united to defend 
their supposed patronal rights to the inheritance 
of the sons of freedmen against the claims of the 
gens ; for the law of the Twelve Tables gave the 
inheritance of a freedman only, who died intestate 
and without heirs, to his patron, and not the in- 
heritance of the son of a freedman. The question 
might be this : whether the law, in the case sup- 
posed, gave the hereditas to the gens as having a 
right paramount to the patronal right. It may be 
that the Marcelli, as being included in the Claudia 
gens, were supposed to have merged their patronal 
rights (if they really existed in the case in dispute) 
in those of the gens. Whether as members of the 
gens, the plebeian Marcelli would take as gentiles 
what they lost as patroni, may be doubted. 

It is generally said or supposed that the here- 
ditas which came to a gens was divided among the 
gentiles, which must mean the heads of fainiliae. 
This may be so ; at least we must conceive that 



the hereditas, at one period at least, must have been 
a benefit to the members of the gens : Caesar is 
said (Sueton. Jul. 1) to have been deprived of his 
gentilitiae hereditates. 

In determining that the property of intestates 
should ultimately belong to the gens, the law of 
the Twelve Tables was only providing for a case 
which in every civilized country is provided for by 
some positive law ; that is, the law finds some rule as 
to the disposition of the property of a person who dies 
without having disposed of it or leaving those whom 
the law recognizes as immediately entitled to it in 
case there is no disposition. The gens had thus a 
relation to the gentiles, similar to that which sub- 
sists in modern states between the sovereign power 
and persons dying intestate and without heirs or 
next of kin. The mode in which such a succession 
was applied by the gens was probably not deter- 
mined by law ; and as the gens was a kind of 
juristical person, analogous to the community of a 
civitas, it seems not unlikely that originally inherit- 
ances accrued to the gens as such, and were com- 
mon property. The gens must have had some 
common property, such as sacella, &c. It would 
be no difficult transition to imagine, that what 
originally belonged to the gens as such, was in the 
course of time distributed among the members, 
which would easily take place when the familiae 
included in a gens were reduced to a small number. 

There were certain sacred rites (sacra gentilitia) 
which belonged to a gens, to the observance of 
which all the members of a gens, as such, were 
bound, whether they were members by birth, 
adoption, or adrogation. A person was freed from 
the observance of such sacra, and lost the privileges 
connected with his gentile rights, when he lost his 
gens, that is, when he was adrogated, adopted, or 
even emancipated ; for adrogation, adoption, and 
emancipation were accompanied by a diminutio 
capitis. 

When the adoption was from one familia into 
another of the same gens, the name of the gens was 
still retained ; and when a son was emancipated, 
the name of the gens was still retained ; and yet 
in both these cases, if we adopt the definition of 
Scaevola, the adopted and emancipated persons lost 
the gentile rights, though they were also freed from 
the gentile burdens (sacra). In the case of adop- 
tion and adrogation, the adopted and adrogated 
person who passed into a familia of another gens, 
must have passed into the gens of such familia, 
and so must have acquired the rights of that gens. 
Such a person had sustained a capitis diminutio, 
and its effect was to destroy his former gentile 
rights, together with the rights of agnation. The 
gentile rights were in fact implied in the rights of 
agnation, if the pater-familias had a gens. Conse- 
quently he who obtained by adrogation or adoption 
the rights of agnation, obtained also the gentile 
rights of his adopted father. In the case of adro- 
gation, the adrogated person renounced his gens at 
the Comitia Curiata, which solemnity might also 
be expressed by the term " sacra detestari," for 
sacra and gens are often synonymous. Thus, in 
such case, adrogatio, on the part of the adoptive 
father, corresponded to detestatio sacrorum on the 
part of the adrogated son. This detestatio sacro- 
rum is probably the same thing as the sacrorum 
alienatio mentioned by Cicero (Orator, c. 42). It 
was the duty of the pontifices to look after the due 
observation of the gentile sacra, and to see that 



GENS. 

they were not lost. (Pro Dorno, c. 13, &c.) Each 
gens geems to have had its peculiar place (sacellum) 
for the celebration of the sacra gentilitia, which 
were performed at stated times. The sacra genti- 
litia, as already observed, were a burden on the 
members of a gens as suck. The sacra privata were 
a charge on the property of an individual ; the two 
kinds of sacra were thus quite distinct. 

According to Dionysius (Aniiq. Rom. ii. 7), the 
curiae were respectively subdivided into Decades ; 
and Niebuhr argues that Decades and Gentes were 
the same. Accordingly each of the three tribes 
contained ten curiae and 100 gentes ; and the 
three tribes contained 300 gentes. Now if there 
is any truth in the tradition of this original dis- 
tribution of the population into tribes, curiae and 
gentes, it follows that there was no necessary kin- 
ship among those families which belonged to a 
gens, any more than among those families which 
belonged to one curia. 

We know nothing historically of the organisa- 
tion of civil society, but we know that many new 
political bodies have been organised out of the 
materials of existing political bodies. It is useless 
to conjecture what was the original organisation of 
the Roman state. We must take the tradition as 
it has come down to us. The tradition is not, that 
familiae related by blood were formed into gentes, 
that these gentes were formed into curiae, that these 
curiae were formed into tribes. Such a tradition 
would contain its own refutation, for it involves 
the notion of the construction of a body politic 
by the aggregation of families into unities, and by 
further combinations of these new unities. The tra- 
dition is of three fundamental parts (in whatever 
manner formed), and of the divisions of them into 
smaller parts. The smallest political division is gens. 
No further division is made, and thus of necessity, 
when we come to consider the component parts of 
gens, we come to consider the individuals com- 
prised in it or the heads of families. According to 
the fundamental principles of Koman law, the in- 
dividuals arrange themselves into familiae under 
their respective patres-farailiae. It follows, that if 
the distribution of the people was effected by a 
division of the larger into smaller parts, there could 
be no necessary kin among the familiae of a gens ; 
for kinship among all the members of a gens could 
only be effected by selecting kindred familiae, and 
forming them into a gens. If the gens was the 
result of subdivision, the kinship of the original 
members of such gens, whenever it existed, must 
have been accidental. 

There is no proof that the Romans considered 
that there was kinship among the familiae origin- 
ally included in a gens. Yet as kinship was evi- 
dence of the rights of agnatio, and consequently 
of gentile rights when there had been no capitis 
diminutio, it is easy to see how that which was 
evidence of the rights of agnatio, and consequently 
of gentile rights, might be viewed as part of the 
definition of gentilis, and be so extended as to 
comprehend a supposed kinship among the original 
members of the gens. The word yrns itself would 
also favour such n supposition, especially as the 
word yrnur seems to he often used in the same 
sense. (Cic. pro ItuVxi, c. 14.) This notion of 
kinship nppears also to be confirmed by the fact of 
the member* of the gens being distinguished by a 
common name-, ns Cornelia, Julia, ice. Hut many 
circumstances, besides that of a common origin, 



GENS. 5G9 

may have given a common name to the gentiles ; 
and indeed there seems nothing more strange in all 
the gentiles having a common name, than there 
being a common name fur all the members of a 
curia and a tribe. 

As the gentes were subdivisions of the three 
ancient tribes, the populus (in the ancient sense) 
alone had gentes, so that to be a patrician and to 
have a gens were synonymous ; and thus we find 
the expressions gens and patricii constantly united. 
Yet it appears, as in the case already cited, that 
some gentes contained plebeian familiae, which it 
is conjectured had their origin in marriages be- 
tween patricians and plebeians before there was 
connubium between them. When the lex was 
carried which established connubium between the 
plebs and the patres, it was alleged that this 
measure would confound the gentile rights {jura 
gentium, Liv. iv. 1). Before this connubium ex- 
isted, if a gentilis married a woman not a 
gentilis, it followed that the children could not 
be gentiles ; yet they might retain the gentile 
name, and thus, in a sense, the family might 
be gentiles without the gentile privileges. Such 
marriages would in effect introduce confusion ; 
and it does not appear how this would be increased 
by giving to a marriage between a gentile man, 
and a woman not gentilis, the legal character of 
connubium ; the effect of the legal change was to 
give the children the gentilitas of their father. It 
is sometimes said that the effect of this lex was to 
give the gentile rights to the plebs, which is an 
absurdity ; for, according to the expression of Livy 
(iv. 4), which is conformable to a strict principle 
of Roman law, " patreni sequuntur liberi," and the 
children of a plebeian man could only be plebeian. 
Before the passing of this lex, it may be inferred 
that if a patrician woman married out of her gens 
(e gentc, e patribus cnupsit) it was no marriage at 
all, and that the children of such marriage were 
not in the power of their father, and, it seems a 
necessary consequence, not Roman citizens. The 
effect would be the same, according to the strict 
principles of Roman law, if a plebeian married a 
patrician woman, before there was connubium be- 
tween them ; for if there was no connubium, there 
was no legal marriage, and the offspring were not 
citizens, which is the thing complained of by 
Canuleius. (Liv. iv. 4.) It does not appear then 
how such marriages will account for plebeian fami- 
liae being contained in patrician gentes, unless we 
suppose that when the children of a gentile man 
and a plebeian woman took the name of the father, 
and followed the condition of the mother, they 
were in some way or other, not easy to explain, 
considered as citizens and plebeians. But if this 
be so, what would be the status of the children of 
a patrician woman by a plebeian man ? 

Niebuhr assumes that the members of the gens 
(gentiles) were bound to assist their indigent 
fellows in bearing extraordinary burdens ; but this 
assertion is founded on the interpretation given to 
the words Toi/i ytvfi irpo<TT)Kotrat of Dionysius 
(ii. 10), which have a simpler and more obvious 
meaning. Whatever probability there may be in 
the assumption of Niebuhr, as founded on the 
p;niagr above cited, anil une cr two othe r pas- 
sages, it cannot be considered as a thing demon- 
strated. 

A hundred new members were ndded to the 
senate by the first Tnrquin. These were the re- 



570 



GENS. 



GEOMORI. 



presentatives of the Luceres, the third and inferior 
tribe ; and they were called Patres Minorum gen- 
tium (Liv. i. 35). See the curious letter of Cicero 
to Paetus {ad Fam. ix. 21). 

If the gentes were such subdivisions of a curia, 
as already stated, it may be asked what is meant 
by new gentes being introduced among the curiae, 
for this undoubtedly took place. Tullus Hostilius 
incorporated the Julii, Servilii, and others, among 
the Patricii, and consequently among the curiae. 
The Claudii were a Sabine gens, who, it was said 
(Liv. iv. 3), were received among the patricii after 
the banishment of the kings. A recent writer 
(Goettling) attempts to remove this difficulty by 
assuming, according to his interpretation of Diony- 
sius (ii. 7), a division of the curiae into ten decuriae, 
and by the further assumption of an indefinite 
number of gentes in each decuria. Consistently 
with this, he assumes a kinship among the mem- 
bers of the same gens, according to which hypo- 
thesis the several patres-familiae of such gens must 
have descended, or claimed descent, from a common 
ancestor. Thus the gentes would be nothing more 
than aggregates of kindred families, and it must 
have been contrived in making the division into 
decuriae, that all the members of a gens (thus 
understood) must have been included in the same 
decuria. But to assume this, is nothing more than 
to say that the political system was formed by be- 
ginning with aggregations of families ; for if the 
ultimate political division, the decuriae, was to 
consist of aggregates of gentes (thus understood), 
such arrangement could only be effected by making 
aggregation of families the basis of the political 
system, and then ascending from them to decuriae, 
from decuriae to curiae, and from curiae to tribes ; 
a proceeding which is inconsistent with saying that 
the curiae were subdivided into decuriae, for this 
mode of expression implies that the curiae were 
formed before the decuriae. But the introduction 
of new gentes is conceivable even on the hypo- 
thesis of the gens being a mere political division. 
If the number was originally limited, it is perfectly 
consistent with what we know of the Roman con- 
stitution, which was always in a state of progres- 
sive change, to suppose that the strict rule of limi- 
tation was soon neglected. Now if a new gens was 
introduced, it must have been assimilated to the 
old gentes by having a distinctive name ; and if a 
number of foreigners were admitted as a gens, it is 
conceivable that they would take the name of some 
distinguished person among them, who might be 
the head of a family consisting of many branches, 
each with a numerous body of retainers. And this 
is the better tradition as to the patrician Claudii, 
who came to Rome with Atta Claudius, their head 
{gentis princeps), after the expulsion of the kings, 
and were co-optated (cooptati) by the patres among 
the patricii ; which is the same thing as saying that 
this immigrating body was recognised as a Roman 
gens. (Sueton. Tib. 1 ; Liv. ii. 16.) According to 
the tradition, Atta Claudius received a tract of land 
for his clients on the Anio, and a piece of burying- 
ground, under the Capitol, was given to him by 
the state (piMice). According to the original con- 
stitution of a gens, the possession of a common 
burying-place, and the gentile right to interment 
therein, were a part of the gentile sacra. (Cic. 
Leg. ii. 22 ; Veil. Pat. ii. 119 ; Festus, s. v. Cincia ; 
Liv. iv. 3, vi. 40 ; Virgil, Aen. vii. 706. As tu 
the Gens Octavia, see Suetonius, Aug. 2.) 



It is probable that even in the time of Cicero 
the proper notion of a gens and its rights were ill 
understood ; and still later, owing to the great 
changes in the constitution, and the extinction of 
so many ancient gentes, the traces of the jus gen- 
tilitium were nearly effaced. Thus we find that 
the words gens and familia are used indifferently 
by later writers, though Livy carefully distin- 
guishes them. The " elder Pliny speaks of the 
sacra Serviliae familiae ; Macrobius of the sacra 
familiae Clauaiae, Aemiliae, Juliae, Corneliae ; and 
an ancient inscription mentions an Aedituus and a 
Sacerdos Sergiae familiae, though those were all 
well known ancient gentes, and these sacra, in the 
more correct language of the older writers, would 
certainly have been called sacra gentilitia." (Sa- 
vigny, Zeitsclirift, &c. vol. ii. p. 385.) 

In the time of Gaius (the age of the Antonines), 
the jus gentilitium had entirely fallen into disuse. 
(Gaius, iii. 17.) Thus an ancient institution, 
which formed an integral part of the old constitu- 
tion, and was long held together by the con- 
servative power of religious rights, gradually lost its 
primitive character in the changes which circum- 
stances impressed on the form of the Roman state, 
and was finally extinguished. 

The word Gens has recently been rendered in 
English by the word House, a term which has here 
been purposely not used, as it is not necessary, 
and can only lead to misconception. 

The subject of the gens is discussed with great 
acuteness both by Niebuhr {Rom. Hist. vol. i.) and 
by Maiden {Hist, of Rome, published by the So- 
ciety for the Diffusion of Useful Knowledge). 

The views of Goettling are contained in his 
Geschichte der R'6m. Staatsverfassung, Halle, 1 840, 
and those of Becker in his Handbuch der Romisclien 
Altertliumer 2ter Theil, lste Abth. See also Sa- 
vigny, Zeitsclirift, &c. vol. ii. p. 380, &c, and Un- 
terholzner, Zeitsclirift, &c. vol. v. p. 119. [G. L.] 

GENTILES. [Gens.] 

GENTIL'ITAS. [Gens.] 

GEO'MORI (yea[i6poi • Doric, ydfxopoi) is the 
name of the second of the three classes into which 
Theseus is said to have divided the inhabitants of 
Attica. (Plut. T/ies. 25 ; Pollux, viii. 111.) This 
class was, together with the third, the Sri/xiovpyoi, 
excluded from the great civil and priestly offices 
which belonged exclusively to the eupatrids, so 
that there was a great distinction between the first 
and the two inferior classes. We possess, how- 
ever, no means to ascertain any particulars respect- 
ing the relation in which the yew/j.6poi stood to the 
two other classes. The name may either signify 
independent land-owners, or peasants who culti- 
vated the lands of others as tenants. The yeufiSpoi 
have, accordingly, by some writers been thought to 
be free land-owners, while others have conceived 
them to have been a class of tenants. It seems, 
however, inconsistent with the state of affairs in 
Attica, as well as with the manner in which the 
name yea/xSpoi was used in other Greek states, to 
suppose that the whole class consisted of the latter 
only ; there were undoubtedly among them a con- 
siderable number of freemen who cultivated their 
own lands (Timaeus, Glossar. s. v. Tewfx6poi • 
Valckenaer ad Herod, v. 77), but had by their 
birth no claims to the rights and privileges of the 
nobles. We do not hear of any political distinc- 
tions between the yeup.6poi and the Srifiiovpyoi ; 
and it may either be that there existed none at all, 



GEROUSIA. 



GEROUSIA. 



571 



or if there were any originally, that they gradually 
vanished. This would account for the fact that 
Dionysius (ii. 8) only mentions two classes of Af- 
ricans ; one corresponding to the Roman patricians, 
the other to the plebeians. (Thirl wall, History of 
Greece, vol. ii. p. 14 ; Wachsmuth, HeUenische 
Altertltumskunde, vol. i. p. 361, 2d edit ; Platner, 
Beitr'dge, <bc, p. 19 ; Titmann, Griech. Staatsver- 
fassungen, p. 575, &c.) 

In Samos the name yew/iopoi was applied to the 
oligarchical party, consisting of the wealthy and 
powerful. (Thucyd. viii. 21 ; Plut. Quaest. Rom. 
p. 303 ; Miiller, Dor. iii. 1. § 4.) In Syracuse the 
aristocratical party was likewise called yea/iopot 
or yafiipoi, in opposition to the 5%tos. (Herod. viL 
155; Hesych. s. v. rduopoi ; Miiller, Dor. iii. 4. 
§ 4 ; Goller, de Situ et Orig. Syrac. p. 9.) [L. S.] 

GERAERAE orGERARAE (yepatpai or yepa- 
pai). [Dionvsij, p. 412, a.] 

GERANOS (yipavos). [Hvporchema.] 

GERMA'XI. [Cog.vatl] 

GEROU'SIA (yepovo-ia), the council of elders 
(ytpovrts), was the name of the Senate in most 
Doric states, and was especially used to signify the 
Senate at Sparta. In connection with this subject 
it is proposed to give a general view of the Spartan 
constitution, aud to explain the functions of its 
legislative and administrative elements. In the 
later ages of Spartan history one of the most 
prominent of these was the college of the five 
ephors ; but as an account of the Epboralty is 
given in a separate article [Ephori], we shall 
confine our inquiries to the kings, the yipovrts or 
councillors, and the IkkKhoio. or assembly of Spar- 
tan freemen. 

I. Tlie Kings. The kingly authority at Sparta 
was, as it is well known, coeval with the settle- 
ment of the Dorians in the Peloponnesus, and 
confined to the descendants of Aristodemus, one 
of the lleraclcid leaders, under whom, according 
to the Spartan legend, the conquest of Laconia 
was achieved. To him were born twin sons, 
Eurystbcnes and Procles ; and from this cause 
arose the diarchy, or divided royalty, the sove- 
reignty being always shared by the representatives 
of the two families which claimed descent from 
them (Herod, vi. 52) ; the precedence in point of 
honour was, however, granted to the older branch, 
who were called Agiads, as the younger house 
was styled Eurypontides from certain alleged de- 
scendants of the twin brothers. (Niebuhr, Hist, 
of Hum. vol. i. p. 356.) Such was the national 
legend ; but as we read that the sanction of the 
Pythian oracle was procured for the arrangement 
of the diarchy (Herod. /. c), we may conclude that 
it was not altogether fortuitous, but rather the 
work of policy and design ; nor indeed is it impro- 
bable that the nobles would gladly avail them- 
selves of an opportunity to weaken the royal au- 
thority by dividing it. 

The descent of the Spartan kings from the na- 
tional heroes and leaders contributed in no small 
HglM to support their dignity and honour; and it 
is, perhaps, from this circumstance partly that they 
were considered as heroes, and enjoyed a certain 
religious respect. (Xen. ft,- Rep. Iaic. c. 15.) The 
hni„,iir» pnid to them were, however, of a simple 
and heroic character, such as a Spartan might give 
without derogating from his own dignity or for- 
getting his self-respect. Thus, we nre told that 
the kings united the character of priest and king, 



the priesthoods of ZeusUranius (Herod, vi. 56) and 
the Lacedaemonian Zeus being filled by them ; and 
that, in their capacity of national high priests, they 
officiated at all the public sacrifices offered on be- 
half of the state. (Xen. Dc Rep. Lac. 15.) Moreover 
they were amply provided with the means for ex- 
ercising the heroic virtue of hospitality ; for this 
purpose, public or domain lands were assigned to 
them in the district of the perioeci, or provincial 
subjects, and certain perquisites belonged to them 
whenever any animal was slain in sacrifice. Be- 
sides this, the kings were entitled to various pay- 
ments in kind (7raow rwv avwv anb tSkou xoipov), 
that they might never be in want of victims to 
sacrifice ; in addition to which they received, twice 
a month from the state, an ipifiov re\fiov, to be 
offered as a sacrifice to Apollo, and then served up 
at the royal table. Whenever also any of the 
citizens made a public sacrifice to the gods, the 
kings were invited to the feast, and honoured above 
the other guests : a double portion of food was given 
to them, and they commenced the libations to the 
gods. (Herod, vi. 57.) All these distinctions are 
of a simple and antiquated character, and, so far as 
they go, prove that the Spartan sovereignty was a 
continuation of the heroic or Homeric. The dis- 
tinctions and privileges granted to the king as 
commander of the forces in war, lead to the same 
conclusion. These were greater than he enjoyed 
at home. He was guarded by a body of 100 
chosen men, and his table was maintained at the 
public expense : he might sacrifice in his sacerdotal 
capacity as many victims as he chose ; the skins 
and backs of which were his perquisites, and he 
was assisted by so many subordinate officers, that 
he had nothing else to do, except to act as priest 
and strategus. (Xen. De Rep. Lac. 14, 15 ; Herod, 
vi. 55.) 

The accession and demise of the Spartan kings 
were marked by observances of an Oriental charac- 
ter. (Herod, vi. 58.) The former event was sig- 
nalised by a remission of all debts due from private 
individuals to the state or the king ; and on the 
death of a king, the funeral solemnities were cele- 
brated by the whole community. There was a 
general mourning for ten days, during which all 
public business was suspended : horsemen went 
round the country to carry the tidings, and a fixed 
number of the perioeci, or provincials, was obliged 
to come from all parts of the country to the city, 
where, with the Spartans and Helots, and their 
wives, to the number of many thousands, they 
made loud lamentations, and proclaimed the virtues 
of the deceased king as superior to those of all his 
predecessors. (Herod. I.e.) 

In comparison with their dignity and honours, 
the constitutional powers of the kings were very 
limited. In fact they can scarcely be said to have 
possessed any ; for though they presided over the 
council of yiporrts or apxayirai, or principr* 
senatun, and the king of the elder house probably 
had a casting vote*, still the voice of each counted 
for no more than that of any other senator : when 
absent, their place was supplied and their proxies 
tendered by the councillors who were most nearly 
related to them, and therefore of an lleracb-id 
family. Still the kings had some important prcrn- 

* Dr. Thirlwall observes that this supposition 
may perhaps reconcile the difference between Herod, 
vi. 57. and Thucyd. i. 20. 



572 



GEROUSIA. 



GEROUSIA. 



gatives ; thus they had in common with other 
magistrates the right of addressing the public 
assembly ; besides this, they sat in a separate court 
of their own, where they gave judgment in all cases 
of heiresses claimed by different parties : a function 
formerly exercised by the kings at Athens, but 
afterwards transferred to the Archon Eponymus. 
(Herod, vi. 57.) They also appointed the four 
Pythians (Uv6ioi), whose duty it was to go as mes- 
sengers to consult the god at Delphi. Adoptions also 
took place in their presence, and they held a court 
in all cases connected with the maintenance of the 
public roads ; probably in their capacity of generals, 
and as superintendents of the intercourse with 
foreign nations. (Miiller, Dor. iii. 6. § 7.) In 
foreign affairs, indeed, their prerogatives were con- 
siderable : thus they were the commanders of the 
Spartan forces, and had the privilege of nominat- 
ing from amongst the citizens, persons to act as 
" proxeni " or protectors and entertainers of foreign- 
ers visiting Sparta. But their chief power was in 
war ; for after they had once crossed the borders 
of Laconia, in command of troops, their authority 
became unlimited. They could send out and as- 
semble armies, despatch ambassadors to collect 
money, and refer those who applied to themselves 
for justice to the proper officers appointed for that 
purpose. (Xen. De Rep. Lac. 13 ; Thuc. v. 60, 
viii. 5.) Two ephors, indeed, accompanied the 
kings on their expeditions, but those magistrates 
had no authority to interfere with the king's opera- 
tions : they simply watched over the proceedings 
of the army. (Xen. I. c.) Moreover, there can be 
no doubt that the kings were, on their return home, 
accountable for their conduct as generals (Thucy d. v. 
63), and more especially after the increase of the 
ephoral authority. Their military power also was 
not connected with any political functions, for the 
kings were not allowed to conclude treaties or to 
decide the fate of cities, without communicating 
with the authorities at home. (Xen. Hell. ii. 2. § 12, 
v. 3. § 24.) In former times the two kings had a 
joint command ; this, however, led to inconveni- 
ences, and a law was in consequence passed that 
for the future one only of the two kings should 
have the command of the army on foreign expedi- 
tions. (Herod, v. 57.) 

II. T/ie yepovaia, or council of elders. This 
body was the aristocratic element of the Spartan 
polity, and not peculiar to Sparta only, but found, 
as has been already observed, in other Dorian 
states, just as a (iovXi) or democratical council was 
an element of most Ionian constitutions. 

The yepovaia or yepav'ta at Sparta included the 
two kings, its presidents, and consisted of thirty 
members : a number which seems connected with 
the divisions of the Spartan people. Every Dorian 
state, in fact, was divided into three tribes : the 
Hylleis, the Dymanes, and the Pamphyli, whence 
the Dorians are called rpixai'Kes, or thrice divided. 
(fid. xix. 174.) The tribes at Sparta were again 
subdivided into oiSal, also called tpparpial (Miiller, 
Dor. iii. 5. § 3), a word which signifies a union of 
families, whether founded upon ties of relationship, 
or formed for political purposes, irrespective of any 
such connection. The obae were like the yepovTts, 
thirty in number, so that each oba was represented 
by its councillor : an inference which leads to 
the conclusion that two obae at least, of the Hyl- 
lean tribe, must have belonged to the royal house 
of the Heracleids. No one was eligible to the 



council till he was sixty years of age (Plut. Lycurg. 
26), and the additional qualifications were strictly 
of an aristocratic nature. We are told, for in- 
stance, that the office of a councillor was the re- 
ward and prize of virtue (Aristot. Polit. ii. 6. § 15 ; 
Demosth. c. Lept. p. 489), and that it was confined 
to men of distinguished character and station 
(KaKoi KayaOo'i). 

The election was determined by vote, and the 
mode of conducting it was remarkable for its old- 
fashioned simplicity. The competitors presented 
themselves one after another to the assembly of 
electors (Plut. Lycurg. 26) ; the latter testified their 
esteem by acclamations, which varied in intensity 
according to the popularity of the candidates for 
whom they were given. These manifestations of 
esteem were noted by persons in an adjoining 
building, who could judge of the shouting, but 
could not tell in whose favour it was given. The 
person whom these judges thought to have been 
most applauded was declared the successful candi- 
date. The different competitors for a vacant place 
offered themselves upon their own judgment 
(Aristot. Polit. ii. 6. § 18), probably always from 
the w€d, to which the councillor whose place was 
vacant had belonged ; and as the office was for life, 
and therefore only one vacancy could (in ordinary 
cases) happen at a time, the attention of the whole 
state would be fixed on the choice of the electors. 
The office of a councill'or, however, was not only 
for life, but also irresponsible (Aristot. Polit. ii. 6), 
as if a previous reputation, and the near approach 
of death, were considered a sufficient guarantee for 
integrity and moderation. But the councillors did 
not always prove so, for Aristotle (I. c.) tells us 
that the members of the yepovaia received bribes, 
and frequently showed partiality in their decisions. 

The functions of the councillors were partly de- 
liberative, partly judicial, and partly executive. In 
the discharge of the first they prepared measures 
and passed preliminary decrees (Plut. Agis, 11) 
which were to be laid before the popular assembly, 
so that the important privilege of initiating all 
changes in the government or laws was vested in 
them. As a criminal court they could punish with 
death and civil degradation (ori/aa, Xen. De 
Rep. Lac. 10. § 2 ; Arist. Polit. iii. 1), and that, 
too, without being restrained by any code of writ- 
ten laws (Aristot. Polit. ii. 6), for which national 
feeling and recognised usages would form a suffi- 
cient substitute. They also appear to have exer- 
cised, like the Areiopagus at Athens, a general 
superintendence and inspection over the lives and 
manners of the citizens (arbitri et magistri discipli- 
naepublicae, Aul. Gell. xviii. 3), and probably were 
allowed " a kind of patriarchal authority to enforce 
the observance of ancient usage and discipline." 
(Thirlwall, Hist, of Greece, vol. i. p. 318.) It is 
not, however, easy to define with exactness the 
original extent of their functions ; especially as 
respects the last-mentioned duty, since the ephors 
not only encroached upon the prerogatives of the 
king and council, but also possessed, in very early 
times, a censorial power, and were not likely to 
permit any diminution of its extent. 

III. The iKKA7i<Tia, or assembly of Spartan 
freemen. This assembly possessed, in theory at 
least, the supreme authority in all matters affecting 
the general interests of the state. Its original 
position at Sparta is shortly explained by a rhetra 
or ordinance of Lycurgus, which, in the form of an 



GEROUSIA. 



GEROUSIA. 



.573 



oracle, exhibits the principal features of the Spartan 
polity: — "Build a temple," says the Pythian 
god, " to Hellanian Zeus and Hellanian Athena ; 
divide the tribes, and institute thirty obas ; ap- 
point a council with its princes ; call an assembly 
(iireAAafeie) between Babyca and Knakion, then 
make a motion and depart ; and let there be a 
right of decision and power to the people " (Sd/i(p 
Si Kvpidv kcu Kparos, Plut. Lycunj. 6 ; Miiller, 
Dor. iii. 5. § 8). 

By this ordinance full power was given to the 
people to adopt or reject whatever was proposed 
to them by the king and other magistrates. It 
was, however, found necessary to define this power 
more exactly, and the following clause, ascribed to 
the kings Tbeopompus and Polydorus, was added 
to the original rhetra, " but if the people should 
follow a crooked opinion the elders and the princes 
shall withdraw " (tous vp€<rGuyfi>(as Kal apx a - 
yeras anoa-ra.Tr\pai i)/ifv). Plutarch (/. c.) in- 
terprets these words to mean " That in case the 
people does not either reject or approve in toto a 
measure proposed to them, the kings and council- 
lors should dissolve the assembly, and declare the 
proposed decree to be invalid." According to this 
interpretation, which is confirmed by some verses 
in the Eunomia of Tyrtaeus, the astcmbly was not 
competent to originate any measures, but only to 
pass or reject, without modification, the laws and 
decrees proposed by the proper authorities : a limi- 
tation of its power, which almost determined the 
character of the Spartan constitution, and justifies 
the words of Demosthenes, who observed (c. Lep. 
p. 480. 20), that the ytpovaia at Sparta was in 
many respects supreme — AfffirdVTjr itrr'i toiv to\- 
Xwv. All citizens above the age of thirty, who 
were not labouring under any loss of franchise, 
were admissible to the general assembly or S^reAAa 
(Plut. Lycurg. 25), as it was called in the old Spar- 
tan dialect ; but no one except public magistrates, 
and chiefly the ephors and kings, addressed the 
people without being specially called upon. (Miil- 
ler, Dor. iii. 4. § 11.) The same public functionaries 
also put the question to the vote. ^Thuc. i. 80. 87.) 
Hence, as the magistrates only (ri t4\t] or apxai) 
were the leaders and speakers of the assembly, 
decrees of the whole people are often spoken of as 
the decision of the authorities only, especially in 
matters relating to foreign affairs. The intimate 
connection of the ephors with the assembly is 
slmwn by a phrase of very frequent occurrence in 
decrees (fSo\f to7s i<p6pot% Kal rfj (KKKriaia). 
The method of voting was by acclamation ; the 
place of meeting between the brook Knakion and 
the bridge Babyca, to the west of the city, and en- 
closed. (Pint. Lyettrg. 6.) The regular assemblies 
were held every full moon ; and on occasions of 
emergency extraordinary meetings were convened. 
(Hand. vii. 134.) 

The whole people alone could proclaim " a war, 
conclude a peace, enter into an armistice for any 
length of time ; and all negotiations with foreign 
state*, though conducted by the kings and ephors, 
could be ratified by the same authority only." With 
regard to domestic affairs, the highest offices, such 
as magistracies and priesthoods, were filled " by 
the votes of the people ; a disputed succession to 
the throne was decided upon by them ; changes in 
the constitution were proposed and explained, and 
nil new laws, after a previous decree in the senate, 
were confirmed by them," (Miiller, Dor. 4. § .0.) 



It appears, therefore, to use the words of Miiller, 
that the popular assembly really possessed the 
supreme political and legislative authority at Sparta, 
but it was so hampered and checked by the spirit 
of the constitution, that it could only exert its au- 
thority within certain prescribed limits ; so that 
the government of the state is often spoken of as 
an aristocracy. 

Besides the (kkKti^ls which we have just de- 
scribed, we read in later times of another 
called the small assembly (Xen. Hell. iii. 3. § 18), 
which appears to have been convened on occa- 
sions of emergency, or which were not of sufficient 
importance to require the decision of the entire 
body of citizens. This more select assembly was 
probably composed of the 8^0101, or superior citi- 
zens, or of some class enjoying a similar prece- 
dence, together with some of the magistrates of 
the state [Eccleti], and if, as appears to have 
been the case, it was convened more frequently 
than the greater assembly, it is evident that an ad- 
ditional restraint was thus laid upon the power of 
the latter (Philol. Museum, vol. ii. p. 65), the 
functions of which must have been often superseded 
by it. 

The preceding remarks will enable us to decide 
a question which has been raised, what was the 
real nature of the constitution of Sparta ? From 
the expressions of Greek writers, every one would 
at once answer that it was aristocratic ; but it has 
been asserted that the aristocracy at Sparta was an 
aristocracy of conquest, in which the conquering 
people, or Dorians, stood towards the conquered, 
or Achaians, in the relation of nobles to commons, 
and that it was principally in this sense that the 
constitution of Sparta was so completely anti-popu- 
lar or oligarchical. (Arnold, T/iuc. Append, ii.) 
Now this indeed is true ; but it seems no less true 
that the Spartan government would have been 
equally called an oligarchy or aristocracy even if 
there had been no subject class at all, on account 
of the disposition and administration of the sove- 
reign power within the Spartan body alone. The 
fact is, that in theory at least, the Spartan constitu- 
tion, as settled by Lycurgus, was a decided demo- 
cracy, with two hereditary officers, the generals of 
the commonwealth, at its head ; but in practice (at 
least before the encroachments of the ephors) it 
was a limited aristocracy ; that is, it worked as if 
the supreme authority was settled in the hands of 
a minority. The principal circumstances which 
justify us in considering it as such, are briefly " the 
restraints imposed upon the assembly, the exten- 
sive powers of the councillors, their election for 
life, their irresponsibility, the absence of written 
laws, of paid offices, of offices determined by lot," 
and other things thought by the (ireeks character- 
istic of a democracy. Independent of which wo 
must remember that Sparta was at the head of the 
oligarchical interest in Greece, and always sup- 
ported, as at Corcyra and Argos, the oligarchical 
party, in opposition to the democratic, which wan 
aided by Athens. In fact Dr. Arnold himself ob- 
serves, that even in the relations of the conquering 
people nmong themselves the constitution was far 
less popular than at Athens. \\V must, however, 
bear in mind that the constitution, as settled by 
Lycurgus, was completely altered in character by 
the usurpation of the ephors. To such an extent 
was this the cose, that Plato {Ltg, W. p. 718) 
doubted whether the government at Sparta might 



574 



GLADIATORES. 



GLADIATORES. 



not be called a " tyranny," in consequence of the 
extensive powers of the ephoralty, though it was 
as much like a democracy as any form of government 
could well be ; and yet, he adds, not to call it an 
aristocracy (i. e. a government of the Spicroi), is 
quite absurd. Moreover, Aristotle (Polit. iv. 8), 
when he enumerates the reasons why the Spartan 
government was called an oligarchy, makes no men- 
tion of the relations between the Spartans and their 
conquered subjects, but observes that it received 
this name because it had many oligarchical insti- 
tutions, such as that none of the magistrates were 
chosen by lot ; that a few persons were competent 
to inflict banishment and death. 

Perhaps the shortest and most accurate descrip- 
tion of the constitution of Sparta is contained in 
the following observations of Aristotle (Polit. ii. 6) : 
— Some affirm that the best form of government 
is one mixed of all the forms, wherefore they praise 
the Spartan constitution : for some say that it is 
composed of an oligarchy, and a monarchy, and a 
democracy ■ — ■ a monarchy on account of the kings, 
an oligarchy on account of the councillors, and a 
democracy on account of the ephors ; but others 
say that the ephoralty is a " tyranny ; " whereas, on 
the other hand, it may be affirmed that the public 
tables, and the regulations of daily life, are of a 
democratic tendency. [R. W.] 

GERRHA (yip'pa), in Latin, Gerrae, properly 
signified any thing made of wicker-work, and was 
especially used as the name of the Persian shields, 
which Were made of wicker-work, and were smaller 
and shorter than the Greek shields (avrl aairiSaiv, 
yeppa, Herod, vii. 61, ix. 61 ; Xen. Anal. ii. 1. § 6 ; 
Festus, s. vv. cerrones, gerrae). 

GLADIATO'RES (/j-ovo/xixxol), were men who 
fought with swords in the amphitheatre and other 
places for the amusement of the Roman people. 
(Gladiator est, qui in arena, populo spectante, pug- 
navit, Quintil. Declam. 302.) They are said to 
have been first exhibited by the Etruscans, and to 
have had their origin from the custom of killing 
slaves and captives at the funeral pyres of the de- 
ceased. (Tertull. de Spectac. 12 ; Serv. ad Virg. 
Aen. x. 519.) [Funus, p. 559, a.] A show of 
gladiators was called munus, and the person who 
exhibited (edebat) it, editor, munerator, or dominus, 
who was honoured during the day of exhibition, if 
a private person, with the official signs of a magis- 
trate. (Capitol. M. Anton. Philos. 23 ; Flor. iii. 
20 ; Cic. ad Att. ii. 19. § 3.) 

Gladiators were first exhibited at Rome in B. c. 
264, in the Forum Boarium, by Marcus and Deci- 
mus Brutus, at the funeral of their father. (Valer. 
Max. ii. 4. § 7 ; Liv. Epit. 16.) They were at 
first confined to public funerals, but afterwards 
fought at the funerals of most persons of conse- 
quence, and even at those of women. (Suet. Jul, 
26 ; Spartan. Hadr. 9.) Private persons some- 
times left a sum of money in their will to pay the 
expenses of such an exhibition at their funerals. 
(Sen. de Brev. Vit. 20.) Combats of gladiators 
were also exhibited at entertainments (Athen. iv. 
p. 153 ; Sil. Ital. xi. 51), and especially at public 
festivals by the aediles and other magistrates, who 
sometimes exhibited immense numbers with the 
view of pleasing the people. (Cic. pro Mur. 18 ; 
de Off. ii. 16.) [Aediles.] Under the empire 
the passion of the Romans for this amusement 
rose to its greatest height, and the number of 
gladiators who fought on some occasions appears 



almost incredible. After Trajan's triumph over 
the Dacians, there were more than 10,000 ex- 
hibited. (Dion Cass. Ixviii. 15.) 

Gladiators consisted either of captives (Vopisc. 
Prob. 19), slaves (Suet. Vitell. 12), and condemn- 
ed malefactors, or of freeborn citizens who fought 
voluntarily. Of those who were condemned, some 
were said to be condemned ad gladium, in which 
case they were obliged to be killed at least within 
a year ; and others ad ludum, who might obtain 
their discharge at the end of three years. ( Ulpian, 
Collat. Mos. et Rom. Leg. tit. ii. s. 7. § 4.) Free- 
men, who became gladiators for hire, were called 
auctorati (Quint. I. c. ; Hor. Sat. ii. 7. 58), and 
their hire auctoramentum or gladiatorium. (Suet. 
Tib. 7 ; Liv. xliv. 31.) They also took an oath 
on entering upon the service, which is preserved 
by Petronius (117). — " In verba Eumolpi sacra- 
mentum juravimus, uri, vinciri, verberari, ferroque 
necari, et quicquid aliud Eumolpus jussisset, tam- 
quam legitimi gladiatores domino corpora animas- 
que religiosissime addicimus." (Compare Senec. 
Epist. 7.) Even under the republic free-born 
citizens fought as gladiators (Liv. xxviii. 21), but 
they appear to have belonged only to the lower 
orders. Under the empire, however, both equites 
and senators fought in the arena (Dion Cass. Ii. 22 ; 
lvi. 25 ; Suet. Jul. 39 ; Aug. 43 ; Ner. 12), and 
even women (Tacit. Ann. xv. 32 ; Suet. Dotn. 4 ; 
Juv. vi. 250, &c. ; Stat. SUv. i. vi. 53) ; which 
practice was at length forbidden in the time of 
Severus. (Dion Cass. lxxv. 16.) 

Gladiators were kept in schools (ludi), where 
they were trained by persons called lanistae. 
(Suet. Jul. 26 ; Cic. pro Rose. Amer. 40 ; Juv. vi. 
216, xi. 8.) The whole body of gladiators under 
one lanista was frequently called familia. (Suet. 
Aug. 42.) They sometimes were the property of 
the lanistae, who let them out to persons who 
wished to exhibit a show of gladiators ; but at 
other times belonged to citizens, who kept them 
for the purpose of exhibition, and engaged lanistae 
to instruct them. Thus we read of the ludus 
Aemilius at Rome (Hor. de Art. poet. 32), and of 
Caesar's ludus at Capua. (Caes. Bell. Civ. i. 14.) 
The superintendence of the ludi, which belonged 
to the emperors, was entrusted to a person of high 
rank, called curator or procurator. (Tacit. Ann. xi. 
35 ; xiii. 22 ; Suet. Cal. 27 ; Gruter, Inscr. p. 
489.) The gladiators fought in these ludi with 
wooden swords, called rudes. (Suet. Cal. 32, 54.) 
Great attention was paid to their diet in order to 
increase the strength of their bodies, whence Cicero 
(Phil. ii. 25) speaks of " gladiatoria totius cor- 
poris firmitas." They were fed with nourishing 
food, called gladiatoria sagina. (Tacit. Hist. ii. 88.) 
A great number of gladiators were trained at 
Ravenna on account of the salubrity of the place. 
(Strabo, v. p. 213.) 

Gladiators were sometimes exhibited at the 
funeral pyre, and sometimes in the forum, but 
more frequently in the amphitheatre. [Amphi- 
theatrum.] The person who was to exhibit a 
show of gladiators published some days before the 
exhibition bills (libelli), containing the number 
and sometimes the names of those who were to 
fight. (Cic. ad Fam. ii. 8 ; Suet. Caes. 26.) 
When the day came, they were led along the 
arena in procession, and matched by pairs (Hor. 
Sat. i. 7. 20) ; and their swords were examined 
by the editor to see if they were sufficiently sharp. 



GLADIATOUES. 



GLADIATORES. 575 



(Dion Cass, lxviii. 3 ; Suet. Til. 9 ; Lipsius, 
Excurs. ad Tac. Ann. iii. 37.) At first there was 
a kind of sham battle, called praelusio, in which 
they fought with wooden swords, or the like (Cic. 
de Oral. ii. 78, 80 ; Ovid, Ars Amat. iii. 515 ; 
Sencc. Epist. 117), and afterwards at the sound of 
the trumpet the real battle began. When a srladi- 
ator was wounded, the people called out kabet or 
lux habet ; and the one who was vanquished low- 
ered his arms in token of submission. His fate, 
however, depended upon the people, who pressed 
down their thumbs if they wished him to be 
saved, but turned them up if thev wished him to 
be killed (Hor. Ep. i. 18. 66 ; juv. iii. 36), and 
ordered him to receive the sword (ferritin reci- 
pere), which gladiators usually did with the 
greatest firmness. (Cic. Tusc. ii. 17, pro Seat. 
37, pro Mil. 34.) If the life of a vanquished 
gladiator was spared, he obtained his discharge for 
that day, which was called missio (Mart. xii. 29. 
7) ; and hence in an exhibition of gladiators sine 
missione (Liv. xli. 20), the lives of the conquered 
were never spared. This kind of exhibition, 
however, was forbidden by Augustus. (Suet 
Aug. 45.) 

Palms were usually given to the victorious 
gladiators (Suet. C'al. 32) ; and hence, a gladiator, 
who had frequently conquered, is called " pluri- 
marum palmarum gladiator" (Cic. pro Rose. Amer. 
6) ; money also was sometimes given. (Juv. vii. 
243 ; Suet Claud. 21.) Old gladiators, and some- 
times those who had only fought for a short time, 
w^re discharged from the service by the editor at 
the request of the people, who presented each of 
them with a rudis or wooden sword ; whence 
those who were discharged were called Rudiarii. 
(Cic. Philip, ii. 29 ; Hor. Ep.\.\,2; Suet. Tib. 
7 ; Quint c.) If a person was free before he 
entered the ludus, he became on his discharge free 
again ; and if he had been a slave, he returned to 
the same condition again. A man, however, who 
had been a gladiator was always considered to 
have disgraced himself, and consequently it ap- 
pears that he could not obtain the equestrian rank 
if he afterwards acquired sufficient property to 
entitle him to it (Quint /. c.) ; and a slave who 
had been sent into a ludus and'therc manumitted 
cither by his then owner or another owner, merely 
acquired the stitus of a peregrinus dediticius. 
(Gains, L 13.) [Deditich.] 

Shows of gladiators were abolished by Constan- 
tino (Cod. 1 1. tit. 43), but appear notwithstmding 
to have been generally exhibited till the time of 
Honarins, by whom they were finally suppressed. 
(Theodoret. Hist. JCerles. v. 20.) 

Gladiators were divided into different classes, 
according to their arms and different mode of 
fighting, or other circumstincca. The names of 
the most important of these classes is given in 
alphabetical order: — 

Arulalxtlae (Cic. a*/ Fam. vii. 10), wore helmets 
without any aperture for the eyes, so that they 
were obliged to fight blindfold, and thus excited 
the mirth of the spectators. Some modern writers 
say that they fought on horseback, but this is 
denied by Orelli. (inner. 2577.) 

CaJerrarii wns the name given to gladiators 
when they did not fight in pairs, but when several 
fought together. (Suet Any. 4."> ; grr< r ilim ilimi- 
eiin/,-.., f ;,/. :;ii.) 

Uimacheri appear to have been so called, lo- 



calise thev fousht with two swords. (Artemiod. ii. 
32 ; Orelli, Inscr. 2584.) 

Equites were those who fought on horseback. 
(Orelli, 2569. 2577.) 

Essedarii fought from chariots like the Gauls 
and Britons. [Esseda.] They are frequently men- 
tioned in inscriptions. (Orelli, 2566. 2584, &c.) 

Fiscales were those under the empire, who were 
trained and supported from the fiscus. (Capitol. 
Gord. 33.) 

Hoplomachi appear to have been those who 
fought in a complete suit of armour. (Suet. Cat. 
35 ; Martial, viii. 74 ; Orelli, 2566.) Lipsius con- 
siders them to have been the same with the Sam- 
nites, and that this name was disused under the 
emperors, and hoplomachi substituted for it 

Laqueatorts were those who used a noose to 
catch their adversaries. (Isiod. xviii. 56.) 

Meridiani were those who fought in the middle 
of the day, after combats with wild beasts had 
taken place in the morning. These gladiators were 
verv slightly armed. (Senec. Epist. 7; Suet. Claud. 
34 '; Orelli," 2587.) 

Mirmillones are said to have been so called from 
their having the image of a fish (ntormyr, pop- 
/j.iipos') on their helmets. (Festus, s. v. Retiario.) 
Their arms were like those of the Gauls, whence we 
find that thev were also called Galli. They were 
usually matched with the retiarii or Thracians. 
(Cic Phil, iii. 1 2, vii. 6 ; Juv. viii. 200 ; Suet. 
Col. 32 ; Orelli, 2566, 2580.) 

Ordinurii was the name applied to all the regular 
gladiators, who fought in pairs, in the ordinary 
way. (Senec. Epist. 7 ; Suet Aug. 45, C'al. 26.) 

1'ostulaticii were such as were demanded by 
the people from the editor, in addition to those who 
were exhibited. (Senec /. c.) 

Provoeatores fought with the Samnites (Cic. pro 
Sext. 64), but we do not know any thing respect- 
ing them except their name. They are mentioned 
in inscriptions. (Orelli, 2566.) The irpoSoKarup 
mentioned by Artemiodorus (ii. 32) appears to bo 
the same as the provocator. 

Retiarii carried only a three-pointed lance, allied 
tridens or fuscina [FuBClNA],anda net (rcte), which 
they endeavoured to throw over their adversaries, 
and then toattick them with the fuscina while they 
were entangled. The rctiarius was dressed in a short 
tunic, and wore nothing on his head. If he missed 
his aim in throwing the net, he betook himself to 
flight, and endeavoured to prepare his net for a 
second cast, while his adversary followed him round 
the arena in order to kill him before he could make 
a second attempt. His adversary was usually a 
secutor or a mirmillo. (Juv. ii. I 43, viii. 203 ; Suet 
Col. 30 ; Claud. 34 ; Orelli, 2578.) In the follow- 
ing woodcut, taken from W'inckelnmnn (Munum. 




576 



GLADIATORES. 



GLADIATORES. 



Ined. pi. 197), a combat is represented between a 
retiarius and a mirmillo : the former has thrown 
his net over the head of the latter, and is proceed- 
ing to attack him with the fuscina. The lanista 
stands behind the retiarius. 

Samnites were so called, because they were 
armed in the same way as that people, and were 
particularly distinguished by the oblong scutum. 
(Liv. ix. 40 ; Cic. pro Sext. 64.) 

Secutores are supposed by some writers to be so 
called because the secutor in his combat with the 
retiarius pursued the latter when he failed in se- 
curing him by his net. Other writers think that 
they were the same as the supposititii, mentioned by 
Martial (v. 24), who were gladiators substituted in 
the place of those who were wearied or were killed. 
(Suet. Col. 30 ; Juv. viii. 210.) If the old reading 
in a letter of Cicero's {ad Alt. vii. 14) is correct, 
Julius Caesar had no less than 500 secutores in his 
ludus at Capua ; but it appears probable that we 
ought to read scutorum instead of sccutorum. 

Supposititii. See Secutores. 

Thraces or Tlireces were armed like the Thra- 
cians with a round shield or buckler (Festus, s. v. 
T/iraeces), and a short sword or dagger (sica, Suet. 
Cal. 32), which is called falx supina by Juvenal 
(viii. 201). They were usually matched, as already 
stated, with the mirmillones. The woodcut in the 
next column, taken from Winckelmann {I. c), re- 
presents a combat between two Thracians. A 
lanista stands behind each. 

Paintings of gladiatorial combats, as well as of 
the other sports of the amphitheatre, were favourite 
subjects with the Roman artists. (Plin. //. N. 
xxxv. 33 ; Capitol. Gord. 3 ; Vopisc. Carin. 18.) 
Several statues of gladiators have come down to 
us, which are highly admired as works of art : of 
these the most celebrated is the gladiator of the 




Borghese collection, now in the Museum of the 
Louvre, and the dying gladiator, as it is called, in 
the Capitoline Museum. Gladiatorial combats are 
represented in the bas-reliefs on the tomb of Scau- 
rus at Pompeii, and illustrate in many particulars 
the brief account which has been given in this 
article of the several classes of gladiators. These 
bas-reliefs are represented in the following wood- 
cuts from Mazois (Pomp. i. pi. 32). The figures 
are made of stucco, and appear to have been mould- 
ed separately, and attached to the plaster by pegs 
of bronze or iron. In various parts of the frieze 
are written the name of the person to whom the 
gladiators belonged, and also the names of the gla- 
diators themselves, and the number of their vic- 
tories. The first pair of gladiators on the left hand 
represents an equestrian combat. Both wear 
helmets with vizors, which cover the whole face, 
and are armed with spears and round bucklers. 
In the second pair the gladiator on the left has 
been wounded ; he has let fall his shield, and is 
imploring the mercy of the people by raising his 
hand towards them. His antagonist stands be- 
hind him waiting the signal of the people. Like 




all the other gladiators represented on the frieze, 
they wear the subligaculum or short apron fixed 
above the hips. The one on the left appears to be 
a mirmillo, and the one on the right, with an ob- 
long shield {scutum), a Samnite. The third pair 
consists of a Thracian and a mirmillo, the latter of 



whom is defeated. The fourth group consists of 
four figures ; two are secutores and two retiarii. 
The secutor on his knee appears to have been de- 
feated by the retiarius behind him, but as the 
fuscina is not adapted for producing certain death, 
the other secutor is called upon to do it. The 



GRADUS. 

retiarius in the distance is probably destined to 
fight in his turn with tiie surviving sccutor. The 
last group consists of a mirmillo and a Samnite ; 
the latter is defeated. 

In the last woodcut two combats are repre- 
sented. In the first a Samnite has been conquered 
by a mirmillo ; the former is holding up his band 
to the people to implore mercy, while the latter 
apparently wishes to become his enemy's execu- 
tioner before receiving the signal from the people ; 
but the lanista holds him back. In the other 
combat a mirmillo is mortally wounded by a 
Samnite. 

It will be observed that the right arm of every 
figure is protected by armour, which the left does 
not require on account of the shield. [BsSTIAKIl ; 
Venatio.] (Lipsius, Saturnalia.) 

GLADIUS (t'"pos, poet. Hop, <pacryavoi/), a 
sword or glaive, by the Latin poets called ensis. 
The ancient sword had generally a straight two- 
edged blade (&fi<priK(s, Horn. //. x. 2.50), rather 
broad, and nearly of equal width from hilt to point. 
Gladiators, however, used a sword which was 
curved like a scimitar. (Mariette, Heated, Xo. 92.) 
In times of the remotest antiquity swords were 
made of bronze, but afterwards of iron. (Eurip. 
Fkoen. 67, 529, 1438 ; Virg. Aen. iv. 579, vi. 260, 
xiL 950.) The Greeks and Romans wore them 
on the left side (Sid. Apollin. Carm. 2), so as to 
draw them out of the sheath (ra//ina, Ko\e6s) by 
passing the right hand in front of the body to take 
hold of the hilt with the thumb next to the blade. 
Hence Aeschylus distinguishes the army of Xerxes 
by the denomination of fiaxa.ipoip6pov (Ovos (Fers. 
56;, alluding to the obvious difference in their ap- 
pearance in consequence of the use of the Acinaces 
instead of the sword. 

The early Greeks used a very short sword. 
Iphicratcs, who made various improvements in 
armour about 400 B. c, doubled its length (Diod. 
xv. 44), .... that an iron sword, found in a tomb 
at Athens, and represented by Dodwell {Tour, i. 
p. 443), was two feet five inches long, including 
the handle, which was also of iron. The Roman 
•word, as was the case also with their other 
offensive weapons, was larger, heavier, and more 
formidable than the Greek. (Floms, ii. 7.) Its 
length L'ave occasion to tlx- j. .!;..- of Leutulus upon 
his son-in-law, who was of very low stature, 
" Who tied my son-in-law to his sword ?" (Ma- 
cro!). Saturn, ii.) To this Roman sword the 
Greeks applied the term tnra.67) (Arrian, Tact.), 
which wai the name of a piece of wood of the same 
form used in weaving [Tki.a]. The British glaive 
was still larger than the Roman. (Tac. Agric. 36.) 
In a monument found in London, and preserved 
at Oxford, the glaive is represented between three 
mil four feet long. (Moutfau<;on, Sujrplem. iv. 

Me.) 

Tin- principal ornament of the sword was be- 
stowed upon the hilt [CAITLfs. | 

(lladiii* was sometimes used in a wide sense, so 
as t" include I'uoio. (A. Gell. ix. 13.) [J.Y.J 

(il, A S DKS. [ Hunda.] 

GNOMON (yvwauiv). [Iloiioi.ofiiusi.] 

GOMPHI. [Via.| 

OOROYRA (yuyyvpa.). [Carckr.] 

GMADUS (/8!)^a), a ftep, ns a measure of length, 
was halC a pace (;mwu) and contained 2} feet, 
Greek and Unman resp ctively, and therefore the 
Greek fifuia was rather more, and the Roman 



GRAMMATEUS. 577 
qradus rather less, than 2\ feet English. (See the 
Tables.) [P.S.] 

GRADUS COGXATIOXIS. [Cogxati.] 

GRAECOSTASIS, a place in the Roman 
forum, on the right of the Comitium, was so called 
because the Greek ambassadors, and perhaps also 
deputies from other foreign or allied states, were 
allowed to stand there to hear the debates. The 
Graecostasis was, as Xiebuhr remarks, like privi- 
leged scats in the hall of a parliamentary assem- 
bly. The Stationes Alunicipiontm, of which Pliny 
speaks (//. AT. xvi. 44. s. 86), appeal- to have been 
places allotted to municipals for the same purpose. 
When the sun was seen from the Curia coming 
out between the Rostra and the Graecostasis, it 
was mid-day ; and an accensus of the consul an- 
nounced the time with a clear loud voice. (Plin. 
H. N. vii. 60, xxxiiL 1. s. 6 ; Cic. ad Q. Fr. ii. 1 ; 
Yarr. L. L. v. 155, ed. Miiller ; Niebuhr, Hut. o/ 
Home, vol. ii. note 1 16.) 

GRAMMATEUS (ypaafiarevs), a clerk or 
scribe. Among the great number of scribes em- 
ployed by the magistrates and governments of 
Athens, there were three of a higher rank, who 
were real state-officers. (Suidas, s. v.) Their 
functions are described by Pollux (viii. 98). One 
of them was appointed by lot, by the senate, to serve 
the time of the administration of each prytanv, 
though he always belonged to a different prytanv 
from that which was in power. He was therefore 
called ypafifxaTfis Kara, irpvravt'iav. (Demosth. 
c. Timocrat. p. 720.) His province was to keep the 
public records, and the decrees of the people which 
were made during the time of his office, and to de- 
liver to the thesmothetac the decrees of the senate. 
(Demosth. /. c.) Demosthenes in another passage 
(tie Fals. Leg. p. 381) states that the public docu- 
ments, which were deposited in the Metroon, were 
in the keeping of a public slave ; whence we must 
suppose with Schumann (de Cumit. p. 302, band.) 
that this servant, whose office was probably for life, 
was under the ypauuxiTfvs, and was his assistant. 
Previous to the archonship of Eucleides, the name 
of this scribe was attached to the beginning of 
every decree of the people (Schumann, p. 132, Ace.; 
compare Boi:i.e) ; and the name of the ypa.tina.Ttvs 
who officiated during the administration of the 
first prytany in a year was, like that of the archou 
cponymus, used to designate the year. 

The second ypafip.aT(V7 was elected by the 
senate, by x ft t" yT0Vla , and wai entrusted with 
the custody of the laws (tn\ Tour vSpiovs, Pollux, 
/. c. ; Demosth. c. Timocrat. p. 713 ; dc Coron. p. 
238). His usual name was-yptyijuaTfus ttjj /9ouAf;s, 
but in inscriptions he is also tailed ypau/xartui tiiv 
&ovK(vtwv (liikkh, I'M. Feon. p. 185, 2d edit.). 
Further particulars concerning his office nrc not 
known. 

A third ypaiifiarfvi was calb-d ypap.na.Ttvt rjjj 
iru\(ui (ThucycL vii. 10), or ypafiuaTtus Tjys 

0ov\rii ual too hi)iiov. Ho was appointed bv the 

people, by x ( 'P OTnvia * and the principal part of 
his office was to read any laws or documents which 
were required to be rend in the assembly or in the 
senate. (Pollux, I.e.; Deinoslh. </• 'Fain. Ley. p. 
419 ; e. Isptin. p. 485 ; Suidas, ». e.) 

A class of scribes, inferior to these, were those 
persons who were appointed clerks lo the several 
civil or military officers of the stnl<-, or who served 
any of tin- three ypap.pa.Tth mentioned above as 
under-clerks (vnoypappaTtis, Deinusth. dc I'aJU, 
v v 



578 



GRAPI-IE. 



GRAPHE. 



Leg. p. 419 ; de Coron. p. 314 ; Antiphon, de 
Choreut. p. 792 ; Lysias, e. Nicomach. p. 864). 
These persons were either public slaves or citizens 
of the lower orders, as appears from the manner in 
■which Demosthenes speaks of them, and were not 
allowed to hold their office for two succeeding 
years. (Lysias, c. Nicomach. p. 8S4, according 
to the interpretation of this passage by Bdckh, 
Publ. Earn. p. 188, note 168.) 

Different from these common clerks were the 
avriypatpzis, checking- clerks or counter-scribes, who 
must likewise be divided into two classes, a lower 
and a higher one. The former comprised those 
who accompanied the generals and cashiers of the 
armies (Demosth. de Clierson. p. 101), who kept 
the control of the expenditure of the sacred money, 
&c. (Bockh, Publ. Eeon.]). 187). The higher class 
of ai/TiypcupeTs, on the other hand, were public 
officers. Their number was, accordiug to Ilarpo- 
cration (s. v.), only two, the auTtypcxpzvs rjjs 
8ioi)c7)tre£«>s, and the avnypcupevs t?)s jSouAtjs. The 
office of the former was to control the expenditure 
of the public treasury (8ioi'/f7;<m) ; the latter was 
always present at the meetings of the senate, and 
recorded the accounts of money which was paid 
into the senate. (Compare Pollux, viii. 98 ; Suidas, 
s. v.) He had also to lay the accounts of the 
public revenue before the people in every prytany, 
so that he was a check upon the airodeKTai. He 
was at first elected by the people by x el P 0T0Via i 
but was afterwards appointed by lot. (Aeschin. c. 
Ctesiph. p. 417 ; Pollux, I. c.) 

The great number of clerks and counter-clerks 
at Athens was a necessary consequence of the in- 
stitution of the eiidvvr), which could not otherwise 
have been carried into effect. (See Schb'mann, de 
Comit. p. 302, &c. ; Bdckli, /. c. ; Hermann, 
Polit. Antiq. § 127. n. 17 and 18.) [L. S.] 

GRAMMATOPHYLACIUM. [Tabula- 

KIUM.] 

GRAPHE (ypa<p-li), in its most general accept- 
ation, comprehends all state trials and criminal 
prosecutions whatever in the Attic courts ; but in 
its more limited sense, those only which were not 
distinguished as the euSw?;, cVSei^is, etcrayye\(a 
by a special name and a peculiar conduct of the 
proceedings. The principal characteristic differ- 
ences between public and private actions are enu- 
merated under Dike, and the peculiar forms of 
public prosecutions, such as those above men- 
tioned, are separately noticed. Of these forms, 
together with that of the Graphe, properly so 
called, it frequently happened that two or more 
were applicable to the same cause of action ; and 
the discretion of the prosecutor in selecting the 
most preferable of his available remedies was at- 
tended by results of great importance to himself 
and the accused. If the prosecutor's speech 
(KaTTiyopia), and the evidence adduced by him, 
were insufficient to establish the aggravated cha- 
racter of the wrong in question, as indicated by 
the form of action he had chosen, his ill-judged 
rigour might be alleged in mitigation of the punish- 
ment by the defendant in his reply (a-iroAo-yia), or 
upon the assessment of the penalty after judgment 
given ; and if the case were one of those in which 
the dicasts had no power of assessing (aTi^ros 
yparpri), it might cause a total failure of justice, 
and even render the prosecutor liable to a fine or 
other punishment. (Dem. c. Androt. p. 601, c. 
Meid. p. 523.) 



The courts before which public causes could be 
tried were very various ; and, besides the ordinary 
Heliastic bodies under the control of the nine 
archons or the generals or logistae, the council and 
even the assembly of the people occasionally be- 
came judicial bodies for that purpose, as in the case 
of certain Docimasiae and Eisangeliae. (Meier, 
Att. Proc. pp. 205. 268.) The proper court in 
which to bring a particular action was for the most 
part determined by the subject-matter of the ac- 
cusation. In the trial of state offences it was in 
general requisite that the ostensible prosecutor 
should be an Athenian citizen in the full posses- 
sion of his franchise ; but on some particular occa- 
sions (Thuc. vi. 28 ; Lys. pro Call. p. 186) even 
slaves and resident aliens were invited to come 
forward and lay informations. In such cases, and 
in some Eisangeliae and other special proceedings, 
the prosecution and conduct of the cause in court 
was carried on by advocates retained by the state 
(t,vvT)yopoi) for the occasion ; but with the excep- 
tion of these temporary appointments, the protec- 
tion of purely state interests seems to have been 
left to volunteer accusers. 

In criminal causes the prosecution was con- 
ducted by the Kvpios in behalf of the aggrieved 
woman, minor, or slave ; his Trpocn-anjs probably 
gave some assistance to the resident alien in the 
commencement of proceedings, though the accusa- 
tion was in the name of the person aggrieved, who 
also made his appearance at the trial without the 
intervention of the patron (Meier,. Att. Proc. 
p. 661) ; and a complete foreigner would upon 
this occasion require the same or a still further 
protection from the proxenus of his country 
With the exception of cases in which the Apagoge, 
Ephegesis Endeixis, or Ersangelia were adopted, 
in the three first of which an arrest actually did 
and in the last might take place, and accusations 
at the Euthynae and Docimasiae, when the accused 
was or was supposed by the law to be present, a 
public action against a citizen commenced like an 
ordinary law-suit, with a summons to appear be- 
fore the proper magistrate on a fixed day. (Plato, 
Eutlnjph. init.) The anacrisis then followed 
[Anacrisis] ; but the bill of accusation was 
called a ypcxpi], or (pdcris, as the case might be, and 
not an iyK\t]p.a or At)|is, as in private actions ; 
neither could a public prosecution be referred to 
an arbitrator [Diaetetab], and if it were com- 
promised, would in man)' cases render the accuser 
liable to an action Ka6u<peo-€ais, if not ipso facto to 
a fine of a thousand drachmae. (Meier, Att. Proc. 
p. 355.) The same sum was also forfeited when 
the prosecutor failed to obtain the voices of a fifth 
of the dicasts in all cases except those brought 
before the archon that had reference to injury 
(ica/c&xm) done to women or orphans ; and besides 
this penalty, a modified disfranchisement, as, for 
instance, an incapacity to bring a similar accusa- 
tion, was incurred upon several occasions. Upon 
the conviction of the accused, if the sentence were 
death, the presiding magistrate of the court deli- 
vered the prisoner, who remained in the custody 
of the Scythae during the trial, to the Eleven, 
whose business it was to execute judgment upon 
him. If the punishment were confiscation of pro- 
perty, the demarchs made an inventory of the 
effects of the criminal, which was read in the as- 
sembly of the people, and delivered to the poletae, 
that they might make a sale of the goods, and pay 



GYMNASIUM. 



GYMNASIUM. 



579 



in the proceeds to the public treasury. (Meier, Alt. 
J J roc. p. 740, &e.) [J. S. M.] 

GKAPHIA'KIUM. [Stilus.] 

GRAPHIS. [Pictura, No. VI.] 

GRAPHIUM. [Stilus.] 

GREGORIA'XUS CODEX. [Codex Gre- 

CORIANUS.] 

GRIPHUS (yp'upos). [Aexigma.] 
GROMA. [Agrime.nsores ; Castra, p. 
251, a.] 

(iROSPHOS (yp6(T<pos). [II ast a.] 
GUBERNA'CULUM. [Navis.] 
GUSTATIO. [Coexa, p. 307, a.] 
GUTTUS, a vessel, with a narrow mouth or 
neck, from which the liquid was poured in drops : 
hence its name " Qui vinum dabant ut minutatim 
fonderent, a gutti3 guttum appellarunt." ( Varr. 
L. v. 124, ed. Miiller.) It was especially used in 
sacrifices (Plin. //. N. xvL 38. s. 73), and hence 
we find it represented on the Roman coins struck 
by persons who held any of the priestly offices ; 
as, for instance, in the annexed coin of L. Plancus, 
the contemporary of Augustus, where it appears, 
though in different forms, both on the obverse and 
reverse. The guttu3 was also used for keeping 




the oil, with which persons were anointed in the 
baths. (Jut. iii. 263, xi. 15b\) A guttus of this 
kind is figured nn p. 192. 

( ; V M N A S I A RCH ES. [Gymnasium.] 
G V M N A'SIUM ( yvymajj iov). The whole edu- 
cation of a Greek youth was divided into three 
[tarts : grammar, music, and gymnastics (ypiiina-ra, 
fiovirtKT}, and yvfivaariKri, Plato, Theuij. p. 122 ; 
Pint. <le Audit, c. 17 ; Clitoph. p. 497), to which 
Aristotle (de I{rj,M. viii. 3) adds a lourth, the 
art of drawing or painting. Gymnastics, however, 
were thought by the ancients a matu-r of such im- 
portance, that this part of education alone occupied 
as much time and attention as all the others put 
together ; and while the latter necessarily ceased 
at a certain period of life, gymnastics continued to 
be cultivated by persons of all ages, though those 
of an advanced age naturally took lighter and less 
fatiguing exercises than boys and youths. (Xcn. 
Anapa*, i. 7 ; Lucian, Laciph. 5.) The ancients, 
and more especially the Greeks, seem to have been 
thoroughly convinced that the mind could not pos- 
sibly be in a healthy state, unless the body was 
hk. .i.ie in perfect health, and no means were 
thought, cither by philosophers, or physicians, to be 
more conducive to preserve or restore bodily health 
than well-regulated exercise. The word gymnas- 
tics is derived from yvpvos (naked), because the 
persons who performed their exercises in public or 
private gymnasia were cither entirely naked, or 
merely covered by the short x' T <^»'- (See the autho- 
riti.-n inWachimuth, Ihllen. Alterih. vol. ii. p. 354. 
2d ■■■lit., ami Decker, C/mrikles, vol. i. p. 31C.) 

Tin- great partiality of tin- Greekf for gymnastic 
cxcnUcs was productive of infinite good : they 
gave to the body that healthy and beautiful deve- 



lopment by which the Greeks excelled all other 
nations, and which at the same time imparted to 
their minds that power and elasticity which will 
ever be admired in all their productions. (Lucian, 
de Gymnast. 15.) The plastic art in particular 
must have found its first and chief nourishment in 
the gymnastic and athletic performances, and it 
may be justly observed that the Greeks would 
never have attained their preeminence in sculpture 
had not their gymnastic and athletic exhibitions 
made the artists familiar with the beautiful forms 
of the human body and its various attitudes. Re- 
specting the advantages of gymnastics in a medical 
point of view, some remarks are made at the end 
of this article. But we must at the same time 
confess, that at a later period of Greek history, 
when the gymnasia had become places of resort for 
idle loungers, their evil effects were no less strik- 
ing. The chief objects for which they had origi- 
nally been instituted were gradually lost sight of, 
and instead of being places of education and train- 
ing they became mere places of amusement ; and 
among other injurious practices to which they gave 
rise, the gymnasia were charged, even by the an- 
cients themselves, with having produced and fos- 
tered that most odious vice of the Greeks, the 
xoi5epo<TTi'o. (Plut. Quaest. Horn. 40. vol. ii. 
p. 122. ed. Wyttenb. ; compare Aristot. deReptibl. 
viii. 4 ; V\ut. Philop. 3.) 

Gymnastics, in the widest sense of the word, 
comprehended also the agonistic and athletic arts 
(aywvioTiK-t) and a6\r,TiKv), that is, the art of those 
who contended for the prizes at the great public 
games in Greece, and of those who made gymnas- 
tic performances their profession [Athletae and 
Ago.notiietae]. Both originated in the gymna- 
sia, in as far as the athletae, as well as the agonis- 
tae were originally trained in them. The athletae, 
however, afterwards formed a distinct class of per- 
sons unconnected with the gymnasia ; while the 
gymnasia, at the time when they had degenerated, 
were in reality little more than agonistic schools, 
attended by numbers of spectators. On certain 
occasions the most distinguished pupils of the gym- 
nasia were selected for the exhibition of public 
contests [Lampadephoiua], so that on the whole 
there was always a closer connection between the 
gymnastic and agonistic than between the gym- 
nastic and athletic arts. In a narrower sense, how- 
ever, the gymnasia had, with very few exceptions, 
nothing to do with the public contests, and were 
places of exercise for the purpose of strengthening 
and improving the body, or in other words, places 
for physical education and training ; and it is 
chiefly in this point of view that we shall consider 
them in this article. 

Gymnastic exercises among the Greeks seem to 
have been as old as the Greek nation itself, as 
may be inferred from the fact that gymnastic con- 
tests are mentioned in many of the earliest legends 
of Grecian story ; but they were, as might be sup- 
posed, of a rude and mostly of a warlike character. 
They were generally held in the open air, and in 
plains near a river, which afforded an opportunity 
for swimming and bathing. The Attic legends 
indeed referred the regulation of gymnastics to 
Theseus (Pans. i. 39. § 3), but according to (ialen 
it seems tn have been about the time of ( leistheues 
that gymnastics were reduced to a regular and com- 
plete nynteni. 'ireat pnigre**, however, must have 
been made as early as the time of Solon, as appears 
PI 2 



580 GYMNASIUM. 



GYMNASIUM. 



from some of his laws which are mentioned below. 
It was about the same period that the Greek towns 
began to build their regular gymnasia as places of 
exercise for the young, with baths, and other con- 
veniences for philosophers and all persons who 
sought intellectual amusements. There was pro- 
bably no Greek town of any importance which did 
not possess its gymnasium. In many places, such 
as Ephesus, Hierapolis, and Alexandria in Troas, 
the remains of the ancient gymnasia have been 
discovered in modern times. Athens alone pos- 
sessed three great gymnasia, the Lyceum (Aii/ceioj/), 
C3Tiosarges (Kvv6<rapyqs),a.n& the Academia('A/ca- 
5r),ui'a) ; to which, in later times, several smaller ones 
■were added. All places of this kind were, on 
the whole, built on the same plan, though, from 
the remains, as well as from the descriptions still 
extant, we must infer that there were many dif- 
ferences in their detail. The most complete de- 
scription of a gymnasium which we possess, is that 
given by Vitruvius (v. 11), which, however, is 
very obscure, and at the same time defective, in as 
far as many parts which seem to have been essen- 
tial to a gymnasium, are not mentioned in it. 
Among the numerous plans which have been drawn, 
according to the description of Vitruvius, that of 
W. Newton, in his translation of Vitruvius, vol. i. 
fig. 52, deserves the preference. The following 
woodcut is a copy of it, with a few alterations. 




The peristylia (D) in a gymnasium, which Vi- 
truvius incorrectly calls palaestra, arc placed in the 
form of a square or oblong, and have two stadia 
(1200 feet) in circumference. They consist of four 
porticoes. In three of them (ABC) spacious exe- 
drae with seats were erected, in which philoso- 
phers, rhetoricians, and others, who delighted in 
intellectual conversation might assemble. A fourth 
portico (E), towards the south, was double, so that 
the interior walk was not exposed to bad weather. 
The double portico contained the following apart- 
ments : — The Ephebeum (F), a spacious hall with 
seats, in the middle, and by one-third longer 
than broad. On the right is the Coryceum (G), 
perhaps the same room which in other cases was 



called Apodyterium ; then came the Conisterium (H) 
adjoining ; and next to the Conisterium, in the re- 
turns of the portico, is the cold bath, Xovrpov (I). 
On the left of the Ephebeum is the Elaeothesium, 
where persons were anointed by the aliptae (K). 
Adjoining the Elaeothesium is the Frigidarium 
(L), the object of which is unknown. From thence 
is the entrance to the Propnigeum (M), on the re- 
turns of the portico ; near which, but more inward, 
behind the place of the frigidarium, is the vaulted 
sudatory (N), in length twice its breadth, which 
has on the returns the Laconicum (0) on one side, 
and opposite the Laconicum, the hot-bath (P). 
On the outside three porticoes are built ; one (Q), 
in passing out from the peristyle, and, on the right 
and left, the two stadial porticoes (R S), of which, 
the one (S) that faces the north, is made double 
and of great breadth, the other (R) is single, and 
so designed that in the parts which encircle the 
walls, and which adjoin to the columns, there may 
be margins for paths, not less than ten feet ; and 
the middle is so excavated, that there may be two 
steps, a foot and a half in descent, to go from the 
margin to the plane (R), which plane should not 
be less in breadth than 12 feet; by this means 
those who walk about the margins in their apparel 
will not be annoyed by those who are exercising 
themselves. This portico is called by the Greeks 
fu<7T(is, because in the winter season the athletae 
exercised themselves in these covered stadia. The 
£vo-t6s had groves or plantations between the two 
porticoes, and walks between the trees, with seats 
of signine work. Adjoining to the i > var6s (R) and 
double portico (3), are the uncovered walks (U), 
which in Greek are called TrapaSpo/iiSes, to which 
the athletae, in fair weather, go from the winter- 
xystus, to exercise. Beyond the xystus is the 
stadium (W), so large that a multitude of people 
may have sufficient room to behold the contests of 
the athletae. 

It is generally believed that Vitruvius in this 
description of his gymnasium took that of Naples 
as his model ; but two important parts of other 
Greek gymnasia, the apodyterium and the sphaeris- 
terium, are not mentioned by him. The Greeks 
bestowed great care upon the outward and inward 
splendour of their gymnasia, and adorned them 
with the statues of gods, heroes, victors in the 
public games, and of eminent men of every class. 
Hermes was the tutelary deity of the gymnasia, 
and his statue was consequently seen in most of 
them. 

The earliest regulations which we possess con- 
cerning the gymnasia are contained in the laws of 
Solon. One of these laws forbade all adults to 
enter a gymnasium during the time that boys were 
taking their exercises, and at the festival of the 
Hermaea. The gymnasia were, according to the 
same law, not allowed to be opened before sun- 
rise, and were to be shut at sunset. (Aeschin. 
c. Timarch. p. 38.) Another law of Solon ex- 
cluded slaves from gymnastic exercises. (Aeschin, 
c. Timarch. p. 147 ; Plut. Solon, 1 ; Demosth. c. 
Timocrat. p. 736.) Boys, who were children of 
an Athenian citizen and a foreign mother (1/6801), 
were not admitted to any other gymnasium but the 
Cynosarges. (Plut. Them. 1.) Some of the laws 
of Solon relating to the management and the super- 
intendence of the gymnasia, show that he was 
aware of the evil consequences which these insti- 
tutions might produce, unless they were regulated 



GYMNASIUM. 



GYMNASIUM. 



581 



by the strictest rules. As we, however, find that 
adults also frequented the gymnasia, we must sup- 
pose that, at least as long as the laws of Solon 
were in force, the gymnasia were divided into 
different parts for persons of different ages, or that 
persons of different ages took their exercise at dif- 
ferent times of the day. (Bijckh, Corp. Inscript. 
n. 246 and 2214.) The education of boys up to 
the age of sixteen was divided into the three parts 
mentioned above, so that gymnastics formed only 
one of them ; but during the period from the 
sixteenth to the eighteenth year the instruction 
in grammar and music seems to have ceased, and 
gymnastics were exclusively pursued. In the time 
of Plato the salutary regulations of Solon appear 
to have been no longer observed, and we find per- 
sons of all ages visiting the gymnasia. (Plat. De 
Hep. v. p. 452 ; Xen. .Sympos. ii. 18.) Athens now 
possessed a number of smaller gymnasia, which are 
8ometimes called palaestrae, in which persons of all 
ages used to assemble, and in which even the 
Hermaea were celebrated by the boys, while for- 
merly this solemnity had been kept only in the 
great gymnasia, and to the exclusion of all adults. 
(Plat. Lys. p. 20b".) These changes, and the laxi- 
tude in the superintendence of these public places, 
caused the gymnasia to differ very little from the 
schools of the athletac ; and it is perhaps partly 
owing to this circumstance that writers of this and 
subsequent times use the words gymnasium and 
palaestra indiscriminatelv. (Becker, Charikles, vol. 
i. p. 341.) 

Married as well as unmarried women were, at 
Athens, and in all the Ionian states, excluded from 
the gymnasia ; but at Sparta, and in some other 
Doric states, maidens, dressed in the short x tTl ^"'i 
were not only admitted as spectators, but also took 
part in the exercises of the youths. Married 
women, however, did not frequent the gymnasia. 
(Plat. De Leg. vii. p. 806.) 

Respecting the superintendence and administra- 
tion of the gymnasia at Athens, we know that 
Solon in his legislation thought them worthy of 
great attention ; and the transgression of some of 
his laws relating to the gymnasia was punished 
with death. His laws mention a magistrate, called 
the Gymnasiarch (yu/ivair'iapx'" '"" yvuvairidpxv') 
who was entrusted with the whole management 
of the gymnasia, and with every thing connected 
therewith. II is office was one of the regular litur- 
gies like the chorcgia and tricrachy (Isaeua, De 
PkUoctem. her. p. 154), and was attended with 
considerable expense. He had to maintain and 
pay the persons who were preparing themselves for 
the games and contests in the public festivals, to 
provide them with oil, and perhaps with the 
wrestlers' dust. It also devolved upon him to 
adorn the gymnasium or the place where the agones 
took place. (Xen. De Rep. Aiken, i. 13.) The 
gymnasiarch was a real magistrate, and invested 
with a kind of jurisdiction over all those who fre- 
quented or were connected with the gymnasia ; 
and his power seems even to have extended beyond 
tli'- u'ymnasia, f«r Plutarch (A malar, c 9, &c.) 
states that he watched and controlled the conduct 
of the ephebi in general. He hail also the power 
to remove from the gymnasia teachers, philosophers, 
nd sophists, whenever he conceived that they 
United an injurious influence upon the young. 
( Aeschin. e. Timarch.) Another part of his duties 
was to conduct the solemn games at certain great 



festivals, especially the torch-race (\a^iiraZ^<popla), 
for which he selected the most distinguished among 
the ephebi of the gymnasia. The number of gyni- 
nasiarchs was, according to Libanius on Demos- 
thenes (c. Mid. p. 510) ten, one from every tribe. 
(Compare Demosth. c. Philip, p. 50, e. Iloeol. p. 
996 ; Isaeus, De Menecl. c. 42.) They seem to 
have undertaken their official duties in turns, but 
in what manner is unknown. Among the external 
distinctions of a gymnasiarch, were a purple cloak 
and white shoes. (Plut. Anton. 33.) In early 
times the office of gymnasiarch lasted for a year, 
but under the Roman emperors we find that some- 
times they held it only for a month, so that there 
were 12 or 1 3 gymnasiarchs in one year. This office 
seems to have been considered so great an honour, 
that even Roman generals and emperors were am- 
bitious to hold it Other Greek towns, like Athens, 
had their own gymnasiarchs, but we do not know 
whether, or to what extent their duties differed 
from the Athenian gymnasiarchs. In Cyrene the 
office was sometimes held by women. (Krause, 
Gymnastik und Aganislik d. HeUenen, p. 179, &.C.) 

Another office which was formerly believed to 
be connected with the superintendence of the gym- 
nasia, is that of Xystarchus [t,vaTapxos). But it 
is not mentioned previous to the time of the Ro- 
man emperors, and then only in Italy and Crete. 
Krause (/i. p. 205, &c.) has shown that this office 
had nothing to do with the gymnasia properly so 
called, but was only connected with the schools of 
the athlctne. 

An office which is likewise not mentioned before 
the time of the Roman emperors, but was neverthe- 
less decidedly connected with the gymnasia, is that 
of Cosmetcs. He had to arrange certain games, to 
register the names and keep the lists of the ephebi, 
and to maintain order and discipline among them. 
He was assisted by an Anticosmetes and two lly- 
pocosmetae. (Krause, lb. p. 21 1, &c.) 

An office of very great importance, in an educa- 
tional point of view, was that of the Sophronistac 
(awtppovtorai). Their province was to inspire the 
youths with a love of (TOMppoavirri, and to protect 
this virtue against all injurious influences. In early 
times their number at Athens was ten, one from 
every tribe, with a salary of one drachma per day. 
(Ehjmiih Mail. ... )-,) Their duty not only re- 
quired them to be present at all the games of the 
ephebi, but to watch and correct their conduct 
wherever they might meet them, both within and 
without the gymnasium. At the time of the em- 
peror Marcus Aurelius only six Sophronistae, tus- 
sisted by .'i- many 1 1 \ posophronistac, an- mentioned* 
(Krause, lb. p. 214, &c.) 

The instructions in the gymnasia were given by 
the tiymnastae (yvuvaoTai) and tin- Paedotribae 
(iraiSoTpifiaf) ; at a later period Hypopacdntrihac 
were added. The- I'aedotribes was required to 
possess a knowledge of all the various exerciser 
which were performed in the gymnasia ; the Gym- 
iia»te* was the practical teacher, and was expected 
to know the physiolngiral effects and influences 
on the constitution of the youths, and then-fore 
assigned to each of them those exercises which ho 
thought most suitable, (f ialen. De I'ulet. tin ml. ii. 
9. II j AristoL PM. viii. 3. 2.) Thrse teachers 
were usually athlclae, who had left their profes- 
sion, or could not succeed in it. (Aelian, V. II. it, 
6 ; Galm, /. r. ii. 3, &c.) 

The anointing of the bodies of the youths, and 



582 



GYMNASIUM. 



GYMNASIUM. 



strewing them with dust, before they commenced 
their exercises, as well as the regulation of their 
diet, was the duty of the aliptae. [Aliptae.] 
These men sometimes also acted as surgeons or 
teachers. (Plut. Dion. c. 1.) Galen (I. c. ii. 11) 
mentions among the gymnastic teachers, a acpai- 
pKXTiicSs, or teacher of the various games at hall ; 
and it is not improbable that in some cases parti- 
cular games may have been taught by separate 
persons. 

The games and exercises which were performed 
in the gymnasia seem, on the whole, to have been 
the same throughout Greece. Among the Dorians, 
however, they were regarded chiefly as institutions 
for hardening the body and for military training ; 
among the Ionians, and especially the Athenians, 
they had an additional and higher object, namely, 
to give to the body and its movements grace and 
beauty, and to make it the basis of a healthy and 
sound mind. But among all the different tribes of 
the Greeks the exercises which were carried on in 
a Greek gymnasium were either mere games, or 
the more important exercises which the gymnasia 
had in common with the public agones in the great 
festivals. 

Among the former we may mention, 1. The ball 
(<7<J>ai'pi<ns, o-(paipo/xaxia, &c), which was in uni- 
versal favour with the Greeks, and was here, as at 
Rome, played in a variety of ways, as appears from 
the words airSppa^s, eViV/cuoos, (paivivSa or apiraa- 
tov, &c. (Plat. De Legg. vii. p. 797 ; compare 
Gronov. ad Plaut. Cureul. ii. 3. 17, and Becker, 
Gallus, i. p. 270.) Every gymnasium contained 
one large room for the purpose of playing at ball in 
it (iKpaipiiTTTipiov). 2. ncu'feie iAKvarlv 5a, SieA- 
KvtTTivSa, or Sta ypa/xp-ris, was a game in which one 
boy, holding one end of a rope, tried to pull the 
boy who held its other end, across a line marked 
between them on the ground. 3. The top (/3e/x§?;|, 
fiepi§t^, p6/x@os, (rrpdSiAos), which was as common 
an amusement with Greek boys as in our own 
days. 4. The vevrdAtSos, which was a game with five 
stones, which were thrown up from the upper part 
of the hand and caught in the palm. 5. SKcnrepSa, 
which was a game in which a rope was drawn 
through the upper part of a tree or a post. Two 
boys, one on each side of the post, turning their 
backs towards one another, took hold of the ends 
of the rope and tried to pull each other up. This 
sport was also one of the amusements at the Attic 
Dionysia. (Hesych. s. v.) These few games will 
suffice to show the character of the gymnastic 
sports. 

The more important games, such as running 
(Sp6p.os), throwing of the o'ivkos and the &ku>v, 
jumping and leaping {a\p.a, with and without 
aXrijpes), wrestling (7raArj), boxing (irw-y^T)), the 
pancratium (irayKpaTiov), irevraBAos, Xap.-wa5r]<po- 
pia, dancing (bpx~h<ris), &c., are described in sepa- 
rate articles. 

A gymnasium was, as Vitravius observes, not a 
Roman institution, and Dionysius of Halicarnassus 
{Ant. Rom. vii. 70 — 72), expressly states that the 
whole aywviariKi) of the Romans, though it was 
practised at an early period in the Ludi Maximi, 
was introduced among the Romans from Greece. 
Their attention, however, to developing and 
strengthening the body by exercises was consider- 
able, though only for military purposes. The re- 
gular training of boys in the Greek gymnastics was 
foreign to Roman manners, and even held in con- 



tempt. (Plut. Quaest. Rom. 40.) Towards the end 
of the republic many wealthy Romans, who had 
acquired a taste for Greek manners, used to attach 
to their villas small places for bodily exercise, 
sometimes called gymnasia, sometimes palaestrae, 
and to adorn them with beautiful works of art. 
(Cic. ad Att. i. 4, c. Veri: iii. 5.) The emperor 
Nero was the first who built a public gymnasium 
at Rome (Sueton. Ner. 12) ; another was erected by 
Commodus. (Herod, i. 12. 4.) But although these 
institutions were intended to introduce Greek 
gymnastics among the Romans, yet they never 
gained any great importance, as the magnificent 
thermae, amphitheatres, and other colossal build- 
ings had always greater charms for the Romans 
than the gymnasia. 

For a fuller account of this important subject, 
which has been necessarily treated with brevity in 
this article, the reader is referred to Hieronymus 
Mercurialis, De Arte Gymnastica, Libri vi. 1st ed. 
Venice, 1573, 4th ibid. 1601 ; Burette, Histoire 
des Athletes, in the Me"m. de TAcad. des Inscript. 

i. 3 ; G. Lbbker, Die Gymnastik der Hcllenen, Mun- 
ster, 1835 ; Wachsmuth, Hellen. Alterth. vol. ii. 
p. 344, &c. 2d. edit. ; MUller, Dor. iv. 5. § 4, &c. ; 
Becker, Gallus, vol. i. p. 270, &c. ; Charikles, vol. i. 
pp. 309 — 345 ; and especially J. H. Krause, Die 
Gymnastik und Aqonistik der Hellenen, Leipzig, 
1841 ; Olympia, Wien, 1838 ; Die Pythien, Ne- 
meen &c, Leipzig, 1841. The histories of edu- 
cation among the ancients, such as those of Hoch- 
heimer, Schwarz, Cramer, and others, likewise con- 
tain much useful information on the subject. [L. S.] 

Tiw Relation of Gymnastics to the Medical Art. — 
The games of the Greeks had an immediate influ- 
ence upon the art of healing, because they consi- 
dered gymnastics to be almost, as necessary for the 
preservation of health, as medicine is for the cure 
of diseases. (Hippocrates, De Locis in Homine, vol. 

ii. p. 138, ed. Kiihn ; Timaeus Locrensis, De Anima 
Mundi, p. 564, in Gale's Opusc. Mythol.) It was 
for this reason that the gymnasia were dedicated 
to Apollo, the god of physicians. (Plut. Syrnp. viii. 
4. § 4.) The directors of these establishments, as 
well as the persons employed under their orders, 
the bathers or aliptae, passed for physicians, and 
were called- so, on account of the skill which long 
experience had given them. The directors, called 
iva\aio-Tpo(pvKaKes, regulated the diet of the 
young men brought up in the gymnasia ; the 
sub-directors or Gymnastae, prescribed for their 
diseases (Plat, de Leg. xi. p. 916) ; and the inferiors 
or bathers, aliptae, iatraliptae, practised blood- 
letting, administered clysters, and dressed wounds, 
ulcers, and fractures. (Plat. De Leg. iv. p. 720 ; 
Celsus, de Medic, i. 1 ; Plin. H. N. xxix. 2.) 
Two of these directors, Iccus, of Tarentum, and. 
Herodicus, of Selymbria, a town of Thrace, de- 
serve particular notice for having contributed to 
unite more closely medicine and gymnastics. Iccus, 
who appears to have lived before Herodicus (Olymp. 
lxxvii. Stcphan. Byzant. s. v. Tapds, p. 693 ; com- 
pare Paus. vi. 10. § 2), gave his chief attention 
to correcting the diet of the wrestlers, and to ac- 
customing them to greater moderation and abstemi- 
ousness, of which virtues he was himself a perfect 
model. (Plat, de Leg. viii. p. 840 ; Aelian, Var. 
Hist. xi. 3 ; Id. Hist. Animal, vi. ].) Plato con- 
siders him, as well as Herodicus, to have been one 
of the inventors of medical gymnastics. (Plat. 
Prolagur. § 20. p. 316 ; Lucian, De Conscrib. Hist. 



GYMNASIUM. 



GYMNASIUM. 



5!>3 



§ 35. p. 626.) Herodicus, who is sometimes called 
Prodicus (Plin. H. N. xxix. 2), lived at Athens 
a short time before the Peloponncsian war. Plato 
gays that he was not only a sophist (Piat. 
Prolog. I. c), hut also a master of the gymnasium 
(Id. Hep. iii. p. 406), and physician (Id. Gorg. 
§ 2. p. 448), and in fact he united in his own 
person these three qualities. He was troubled, 
says the same author, with very weak health, 
and tried if gymnastic exercises would not help 
to improve it ; and having perfectly succeeded, 
he imparted his method to others. Before him 
medical dietetics had been entirely neglected, espe- 
cially by the Asclepiadae. (Id. Hep. iii. p. 406.) 
If Plato's account may be taken literally (Id. 
Phacdr. p. 228), he much abused the exercise of 
gymnastics, as he recommended his patients to 
walk from Athens to Megara and to return as 
soon as they had reached the walls of the latter 
town.* The author of the sixth book De Mori. 
Vulgar. (Hippocr. Epidem. vi. c. 3. vol. iii. 
p. 599) agrees with Plato : u Herodicus," says 
he, ** caused people, attacked with fever, to die 
from walking and too hard exercise, and many 
of his patient3 suffered much from dry rubbing." 
A short time after we find, says Fuller (Medi- 
cina Gymnastica, &c. Lond. 17 Hi, 8vo), that Hip- 
pocrates (De Vict. Hat. iii. vol. i. p. 71C), with 
some sort of glory, assumes to himself the ho- 
nour of bringing that method to a perfection, so 
as to be able to distinguish ie6repov rb aniov 

KOUTttl TOV5 7ToVoV5, it Ot TTOVOl 70. ffiTl'o, 

/lcrpius ?x €1 lr P°i fiAArjAo, as he expresses it. 
Pursuant to this, we find him in several places of 
his works recommending several sorts of exercises 
upon proper occasions ; as first, friction or chafing, 
the effect* of which he explains (De Vict. Hot. ii. 
p. 701), and tells us, that in some cases it will 
bring down the bloatedncss of the solid parts, in 
others it will incani and cause an increase of 
flesh, and make the part thrive. He advises 
(ibid. p. 700) walking, of which they had two 
sorts, their round and straight courses. He gives 
his opinion (ibid. p. 701) of the 'AvaKivyimTa, or 
preparatory exercises, which served to warm and 
fit the wrestlers for the more vehement ones. In 
some cases he advises the X\a\i], or common wrest- 
ling (ibid.), and the 'Axpox* ipi'a, or wrestling by the 
hands only, without coming close, and also the. 
KapvKonax'ia, or the exercise of the Corycus, or 
the hanging ball (see Antyllus, apud Mcrcur. de 
Arte Gymn. p. 123) ; the Xtipovouia, a sort of dex- 
terous and regular motion of the hands, and upper 
parts of the body, something after a military man- 
ner ; the 'AAi'e57)<m, or rolling in sand ; and once 
(iliid. p. 700) We find mentioned, with some ap- 
probation, the 'Hircipoi "l7nroi, /;\/ui Indefiniti, by 
which is probably meant galloping long courses in 
the open field. 

As for Galen, he follows Hippocrates in this, as 
closely us in other things, and declares his opinion 
of the benefit of exercises in several places ; his 
second book " De Sanitate Tiicnda," is wholly 
upon the UM of the strigil, or the advantage of 

* ** The distance from A thens to Megnra was 2 1 
stadia, as we learn from Prncnpius. (Hell. \'n«d. 
i. I.) Dion Chrysostom calls it a day's journey. 
{'ir.it. vi.) Modern travellers reckon eight hours. 
iDhHwpII, ( In™. Tour, vol. ii. p. 177.)" Cramer, 
Anc. Greece, vol. ii. sect. 13, p. 430. 



regular chafing : he has written a little tract, 
riepl tow 6io Mi/cpctr 2<paipas rvuva<r'iov, where- 
in he recommends an exercise, by which the 
bodj- and mind are both at the same time 
affected. In his discourse to Thrasybulus, 116- 
Ttpov 'larpticris 4) TvtxvatniKris tan rb 'Tyictvov, 
he inveighs against the athletic and other violent 
practices of the gymnasium, but approves of the 
more moderate exercises, as subservient to the 
ends of a physician, and consequently part of that 
art. The other Greek writers express a similar 
opinion ; and the sense of most of them in this 
matter is collected in Oribasius's 4i Collects Mcdi- 
cinalia." In those remains which are preserved 
of the writings of Antyllus, we read of some sorts 
of exercises that are not mentioned by Galen or 
any former author ; among the rest the Cricilasia 
as the translators by mistake call it, instead of 
Crieoi'lasia. This, as it had for many ages been 
disused, Mercurialis himself, who had made the 
most judicious inquiries into this subject (De Arte 
Gymnoslica, 4to. Amstel. 1 672), does not pretend 
to explain ; and I believe, says Freind (Hist, of 
Physic, vol. i.), though we have the description of 
it set down in Oribasius (Coll. Medic vi. 26), it 
will be hard to form any idea of what it was. 

The ancient physicians relied much on exercise 
in the cure of the dropsy (compare Hor. Epist. i. 
2. 34. " Si noles sanus, curres hydropicus "), 
whereas we almost totally neglect it. (Alexander 
Trallianus, De Medic, ix. 3. p. 524, ed. Basil.) 
Hippocrates (De Jntcrnis Affection, sect. 28. vol. 
ii. p. 518) prescribes for one that has a dropsy 
raKanrupicu, or fatiguing-exercises, and he makes 
use of the same word in his Epidemics, and almost 
always when he speaks of the regimen of a dropsi- 
cal person, implying, that though it be a labour 
for such people to move, yet they must undergo 
it ; and this is so much the sense of Hippocrates, 
that Spon has collected it into one of the new Apho- 
risms, which he has drawn out of his works. Celsus 
says of this case (De Medic, iii. 21. p. 152, cd. Ar- 
gent.), "Concutiendum raulta gestationc corpus est." 
The Romans placed great reliance upon exercise 
for the cure of diseases ; and Asclcpiadcs, who 
lived in the time of Pompcy the Great, brought 
this mode of treatment into great request. He 
called exercises the common aids of physic, and 
WTOtc a treatise on the subject, which is mentioned 
by Celsus in his chapter "De Frictionc " (De 
Medic, ii. 14. p. 82), but the book is lost. He carried 
these notions so far, that he invented the ImU 
Pensilei (Plin. //. A^. xxvi. 8) or hanging beds, 
that the sick might be rocked to sleep ; which took 
so much atthattime,that theycamcafterwardsto be 
made of silver, and were a great part of the luxury 
of that people ; he had so many particular ways to 
make physic agreeable, and was so exquisite in the 
invention of exercises Ut supply the place of medi- 
cine, that perhaps no man in any age ever had the 
happiness to obtain so general an applause ; and 
Pliny says (ibid. c. 7 ) by these means he made him- 
self the delight of mankind. About this time the Ro- 
man physicians sent their consumptive patients to 
Alexandria, and with very good success, as we find 
by both the Pliny* ; this wan done partly for the 
change of air, but chiefly for the sake of the exer- 
cise by the motion of the ship ; and therefore Celsus 
says (De Meilie. iii. p. I.'>6), " Si vera Phthisis 

i-t, opus r,i Imiya navi^ati ;" and a little after 

he makes Vchiculuui and iVimi to be two of the 
p P 4 



534 



GYMNOPAEDIA. 



GYNAECONOMI. 



chief remedies. As for the other more common 
exercises, they were daily practised, as is manifest 
from Celsus, Caelius Aurelianus, Theodorus Prisci- 
anus, and the rest of the Latin physicians. And we 
do not want instances of cures wrought by these 
means. Suetonius {Calig. c. 3) tells us that Ger- 
manicus was cured of a " crurum gracilitas," as he 
expresses it (by which he probably means an Atro- 
phy), by riding ; and Plutarch, in his life of Cicero, 
gives us an account of his weakness, and that he re- 
covered his health by travelling, and excessive dili- 
gence in rubbing and chafing his body. (Compare 
Cic. Brut. c. 91.) Pliny (H. N. xxxi. 33) tells 
us Annaeus Gallio, who had been consul, was cured 
of a consumption by a sea voyage ; and Galen givi?s 
us such accounts of the good effects of particular 
exercises, and they were practised so universally 
by all classes, that it cannot be supposed but they 
must have been able to produce great and good 
effects. However, from an attentive perusal of 
what we find on this subject in the classical au- 
thors, the reader can hardly fail of being convinced 
that the ancients esteemed gymnastics too highly, 
just as the moderns too much neglect them ; and 
that in this, as in many other matters, both in 
medicine and philosophy, truth lies between the 
two extremes. [W. A. G.] 

GYMNASTES. [Gymnasium, p.581,b.] 
GYMNE'SII or GYMNE'TES (yu/u^<noi, or 
yvfivrjres), were a class of bond-slaves at Argos, 
who may be compared with the- Helots at Sparta. 
(Steph. Byz. s. v. Xi'os : Pollux, iii. 83.) Their 
name shows that they attended their masters on 
military service in the capacity of light-armed 
troops. Miiller (Dor. iii. 4. § 2) remarks that it 
is to these gymnesii that the account of Herodotus 
(vi. 83) refers, that 6000 of the citizens of Argos 
having been slain in battle by Cleomenes, king of 
Sparta (Id. vii. 148), the slaves got the govern- 
ment into their own hands, and retained possession 
of it until the sons of those who had fallen had 
grown to manhood. Afterwards, when the young 
citizens had grown up, the slaves were compelled 
by them to retire to Tiryns, and then after a long 
war, as it appears, were either driven from the 
territory, or again subdued. 

GYMNOPAE'DIA (yvpvoircutila), the festi- 
val of " naked youths," was celebrated at Sparta 
every year in honour of Apollo Pythaeus, Artemis, 
and Leto. The statues of these deities stood in a 
part of the Agora called x°P^ s t and was around 
these statues that, at the gymnopaedia, Spartan 
youths performed their choruses and dances in 
honour of Apollo. (Pans. iii. 11. § 7.) The festival 
lasted for several, perhaps for ten, days, and on 
the last day men also performed choruses and 
dances in the theatre ; and during these gymnastic 
exhibitions they sang the songs of Thaletas and 
Alcman, and the paeans of Dionysodotus. The 
leader of the chorus (Trpoo-Tarris or x°P owol ^ s ) 
wore a kind of chaplet, called arzcpavoi frvpeariKoi, 
in commemoration of the victory of the Spartans 
at Thyrea. This event seems to have been closely 
connected with the gymnopaedia, for those Spartans 
who had fallen on that occasion were always 
praised in songs at this festival. (Athen. xv. 
p. 678 ; Plut. AgesU. 29 ; Xen. Hellen. vi. 4. § 1 6 ; 
Hesych. Suid. Etym. Mag. and Timaeus, Glossar. 
s. v. Yvp.voiraib"ia.) The boys in their dances per- 
formed such rhythmical movements as resembled 
the exercises of the palaestra and the pancration, 



and also imitated the wild gestures of the worship of 
Dionysus. (Athen. xiv. p. 631.) Miiller (Hid.o/Gr. 
Lit. vol. i. p. 161) supposes, with great probability, 
that the dances of the gymnopaedia partly consist- 
ed of mimic representations, as the establishment 
of the dances and musical entertainments at this 
festival was ascribed to the musicians, at the head 
of whom was Thaletas. (Plut. de Mus. c. 9.) The 
whole season of the gymnopaedia, during which 
Sparta was visited by great numbers of strangers, 
was one of great merriment and rejoicings (Xen. 
Memor. i. 2. § 61 ; Plut. Agesil. 29 ; Pollux, iv. 
14. 104), and old bachelors alone seem to have 
been excluded from the festivities. (Osann, de 
Coelibum apud Veteres Populos Conditione Com- 
mentat. p. 7, &c.) The introduction of the gymno- 
paedia, which subsequently became of such import- 
ance as an institution for gymnastic and orchestic 
performances, and for the cultivation of the poetic 
and musical arts at Sparta, is generally assigned to 
the year 665 B. c. (Compare Meursius, Orchestra, 
p. 12, &c. ; Creuzer, Commentat. Herod, i. p. 230 ; 
Miiller, Dor. vol. ii. p. 350, &c.) [L. S.] 

GYNAECONPTIS. [Domus, pp. 423— 
425.] 

GYNAECO'NOMI or GYNAECOCOSMI 
(yvva.ucov6fj.oi or yvvaiKOK6a/j.ot), were magistrates 
at Athens, who superintended the conduct of Athe- 
nian women. (Pollux, viii. 1 12.) We know little 
of the duties of these officers, and even the time 
when they were instituted is not quite certain. 
Bockh (de Philoch. p. 24) has endeavoured to 
show that they did not exist until the time of De- 
metrius Phalereus, whereas, according to others, 
they were instituted by Solon, whose regulations 
concerning the female sex certainly rendered some 
special officers necessary for their maintenance. 
(Plut. Sol. 21 ; comp. Thirl wall, Hist, of Greece, 
vol. ii. p. 51.) Their name is also mentioned by 
Aristotle (Pol. iv. 12. p. 144, and vi. 5. p. 214. 
ed. Gbttling) as something which he supposes 
to be well known to his readers. These circum- 
stances induce us to think that the yvvaiKov6/j.oi, 
as the superintendents of the conduct of women, 
existed ever since the time of Solon, but that their 
power was afterwards extended in such a manner 
that they became a kind of police for the purpose 
of preventing any excesses or indecencies, whether 
committed by men or by women. ( See the Fragm. 
of Timocles and Menander, ap. Allien, vi. p. 245, 
where a Kaivhs v6fios is mentioned as the source 
from which they derived their increased power ; 
compare Plut. Sol. 21. in fin.) In their first and 
original capacity, therefore, they had to see that 
the regulations concerning the conduct of Athe- 
nian women were observed, and to ^punish any 
transgressions of them (Harpocrat. s. v.' On x'Ai'ns : 
Hesych. s. v. TlAdravos) ; in the latter capacity 
they seem to have acted as ministers of the areo- 
pagus, and as such had to take care that decency 
and moderation were observed in private as well 
as in public. Hence they superintended even the 
meeting's of friends in their private houses, e. g. at 
weddings, and on other festive occasions. (Philoch. 
ap. Athen. vi. p. 245.) Meetings of this kind were 
not allowed to consist of more than thirty persons, 
and the yvva.iKov6iJ.oi had the right to enter any 
house and send away all the guests above that 
number ; and that they might be able, previous to 
entering a house, to form an estimate of the num- 
ber of persons assembled in it, the cooks who were 



HALTERES. 



IIAUMAMAXA. 585 



engaged for the occasion had to give in their names 
to the yvvainov6ixot. (Athen. /. c.) They had 
also to punish those men who showed their effe- 
minate character by frantic or immoderate wailing 
at their own or other persons' misfortunes. (Plut. 
/. c.) The number of these officers is unknown. 
Meier (Att. Proc. p. 97) thinks that they were 
appointed by lot ; but Hermann (Polit. Ant. 
§ 150. n. 5), referring to Menander (ffliet. de 
Encom. p. 105, ed. Hecrcn.), reckons them among 
those officers who were elected. [L. S.] 



H. 

HABE'XAE (fivia) were, generally speaking, 
leathern thongs, by means of which things were 
held and managed. Hence the word was in par- 
ticular applied — 1. To the reins by means of which 
horses were guided and managed. (Virg. Aen. x. 
576, xi. 670, 765, xii. 327.) The habenae were, 
as with us, fixed to the bit or bridle (fraenum). 
2. To the thongs attached to a lance, by which it 
was held and wielded. (Lucan. vi 221.) [Com- 
pare H asta, p. 558, a.] 3. To the thong which was 
formed into a sling, by means of which stones were 
thrown. (Lucan. iii. 710 ; Valer. Flacc. v. 609.) 
[Funda.] 4. To thongs by means of which the 
sandals were fastened to the feet. (Gellius, xiii. 
21. 4.) From this passage it is also clear that the 
habenae in this cage were not always made of 
leather, but of strings or chords, whence Gellius 
rails them terete* habenae. 5. To the thongs formed 
into a scourge with which young slaves were chas- 
tised. (Horat. Epist. ii. 2. 15.) The commenta- 
tors on this passage, indeed, differ about the meaning 
of habenae ; but if we consider the expressions of 
Ulpian ( Dig. 29. tit. 5. s. 33), impuljeres servi 
terreri tantum so/ent, et habena re/ ferula caedi, it is 
clear that the habena is the scourge itself. (Comp. 
Or. HeroUL ix. 81 ; Virg. Aen. vii. 380.) [L. S.] 

HABITATIO. [Skrvitltes.] 

II A BRES. [Heres.] 

HALIA (aXia). [Agora.] 

HALMA (a\ua). [1'kntathlon.] 

JIAI.O'A (aA.ua). [Ai.oa.] 

HALTEHB8 (aAT7jp«s) were certain masses 
of stone or metal, which were used in the gymnastic 




exercises of the firceks and Romans. Persons 
who pnetued leaping often performed their ex< T- 
dm with hnltrri's in both hands ; but tin y were 
nlso frequently used ire rely to exercise the body 



in somewhat the same manner as our dumb-bells. 
(Martial, xiv. 49, vii. 67. 6 ; Pollux, iii. 155, x. 
64 ; graves 7nassae, Juv. vii. 421 ; Senec. Ep. 15, 
56.) Pausanias (v. 26. § 3, v. 27. § 8, vL 3. § 4) 
speaks of certain statues of athletes who were re- 
presented with halteres. They appear to have 
been made of various forms and sizes. The pre- 
ceding woodcut is taken from Tassie, Catalwiue, 
&c. pL 46, No. 7978. (Mercurialis, De Arte 
Gymnastiea, ii. 12 ; Becker, Gallus, vol. i. p. 277 ; 
Krause, Die Gymnustik und Agonistik dcr Hellenen, 
vol. i. p. 395.) 

HAMAXA (£uo|a). [Harmamaxa ; Plai s- 

TRl'M.] 

HAMAXO'PODES (auafoTrd'Ses), in Latin, 
ARBUSCULAE, appear to have been cylindrical 
pieces of wood, placed vertically, and with a socket 
cut in the lower end, to receive the upright pivot 
fixed above a wheel or above the middle of the 
axis of a pair of wheels, which could thus turn 
horizontally in every direction. One use of this 
sort of socket was to unite the axis of the fore- 
wheels of a chariot to the body (Pollux, i. 144, 
253 ; Hesych. s. v. afia£'nro5es) ; another use of it 
was to attach the wheels of a testudo to the framing 
in such a manner, that the machine might easily 
be moved in any direction : in fact, the arbuscula 
and the wheel together formed a castor or universal 
joint. (Vitruv. x. 20. s. 14. § 1, ed. Schneid.) 
Newton (ad loc.) supposes that, for the latter pur- 
pose, a single piece of timber would be both clumsy 
and insufficient, and that the arljuscula must have 
been a sort of framing. (See his figure, No. 
114.) [P. S.] 

HARMA (apua). [CuBBUS; Harmamaxa.] 

HARMAMAXA (apfidua^a) is evidently com- 
pounded of apua, a general term, including not 
only the Latin CfRnus, but other descriptions of 
carriages for persons ; and a^a£a, which meant a 
cart, having commonly four wheels, and used to 
carry loads or burthens as well as persons. (lies. 
Op. et Dies, 692 ; Horn. //. vii. 426, xxiv. 782. ) 
The harmamaxa was a carriage for persons, in its 
construction very similar to the C'aki'ENTI .m, being 
covered overhead and inclosed with curtains (Diod. 
xi. 56 ; Charito, v. 2, 3), so as to be used at night 
as well as by day (Xen. Cgrop. iv. 2. § 15) ; but 
it was in general larger, often drawn by four horses, 
or other suitable quadrupeds, and attired with 
ornaments more splendid, luxurious, and expen- 
sive, and in the Oriental style. (Diod. xvii. 35 ; 
Aristoph. Acliar. 70.) It occupied among the 
Persians (Max. Tyr. 34) the same place which the 
carpentum did among the Romans, being used, 
especially upon state occasions, for the conveyance 
of women and children, of eunuchs, and of the song 
of the king with their tutors. (Herod, vii. 83. ix. 
76 ; X«-n. Ci/rnp. iii. 1. § 8, iv. 3. § 1, vi. 4. S II; 
Q, Curt, iii. 3. § 23.) Also, as persons might lie 
in it at length, and it was made as commodious as 
possible, it was used by the kinirs of Persia, and 
by men of high rank in travelling by night, or in 
any other circumstances when they wished to con- 
sult their ease and their pleasure. (Herod, vii. 41 ; 
\.-n. ft/rap. iii. 1. g 40.) 

The body of Alexander the fireat was trnns- 
porti'd from Babylon to Alexandria in a magnifi- 
cent harmamaxa, the construction of which occupied 
two years, and the descriplimi of whirh, with its 
paintings and ornament* in gold, silver, and ivnry, 
employed the pen of more than one historian. 



686 



HARPAGINETULI. 



(Diod. xviii. 26—28 ; Athen. v. p. 206, e ; Aclian, 
V. H. xii. 64.) 

The harmamaxa was occasionally used hy the 
ladies of Greece. A priestess of Diana is repre- 
sented as riding in one which is drawn by two 
white cows (Heliod. Aeth. iii. p. 133, ed. Com- 
melini), and the coins of Ephesus show, that this 
carriage, probably containing also symbols of the 
attributes and worship of Diana, added to the 
splendour of the religious processions in that 
city. [J. Y.] 

HARMOSTAE (from ap^fri, to fit or join to- 
gether) was the name of the governors whom the 
Lacedaemonians, after the Peloponnesian war, sent 
into their subject or conquered towns, partly to 
keep them in submission, and partly to abolish the 
democratical form of government, and establish in 
its stead one similar to their own. (Diod. Sic. 
xiv. 10 ; Xen. Jfellen. iv. 2. § 5 ; Isocrat. Paneg. 
p. 92 ; Suidas, Hesych. s. v. ; Etymol. Mag. s. v. 
'EwiaTadfioi.) Although in many cases they were 
ostensibly sent for the purpose of abolishing the 
tyrannical government of a tow, and to restore 
the people to freedom, yet they themselves acted 
like kings or tyrants, whence Dionysius (Antiq. 
Rom. v. p. 337, Sylburg) thinks that harmostae 
was merely another name for kings. How little 
sincere the Lacedaemonians were in their profes- 
sions to restore their subject towns to freedom was 
manifest after the peace of Antalcidas ; for although 
they had pledged themselves to re-establish free 
governments in the various towns, yet they left 
them in the hands of the harmostae. (Polyb. iv. 
27.) The character of their rule is sufficiently de- 
scribed by the word (carexeif, which Isocrates (I. c.) 
and Demosthenes (De Coron. p. 258) use in speak- 
ing of the harmostae. (Compare Demosth. c. Timo- 
crat. p. 740 ; Plut. Narrat. Amat. c. 3:) Even 
Xenophon (De Rep. Lac. c. 14) could not help cen- 
suring the Lacedaemonians for the manner in which 
they allowed their harmostae to govern. 

It is uncertain how long the office of an har- 
mostes lasted ; but considering that a governor of 
the same kind, who was appointed by the Lacedae- 
monians in Cythera, with the title of Cytherodices, 
held his office only for one year (Thucyd. iv. 53), 
it is not improbable that the office of harmostes was 
of the same duration. [L. S.] 

HARP AGES GRAPHE (apwayris ypafj',). 
This action seems, according to Lucian (Jud. Voe. 
c. 1 . vol. i. p. 82, ed. Hemsterh.), to have been 
applicable to cases of open robbery, attended with 
violence. Under these circumstances the offenders 
would be included in the class of ttaitovpyoi, and 
as such be tried before a court under the con- 
trol and management of the Eleven. With respect 
to the punishment upon conviction, we have no 
certain information, but there seems no reason to 
doubt that it was capital, as in cases of burglary 
and stealing from the person. (Xen. Mem. i. 2. 
§ 62.) [J. S. M.] 

HARPAGINE'TULI, a sort of decoration for 
the walls and ceilings of rooms, thus mentioned by 
Vitruvius, in a passage where he is speaking of 
irregular and fantastic ornaments (vii. 5. § 3), 
" pro columnis enim statuuntur calami, pro fastigiis 
harpaginciuli striati cum crispis foliis et volutis tene- 
ris." The commentators have laboured in vain to 
explain the term ; and it is even very doubtful 
whether the reading is correct. As the word 
stands, it seems to refer to some sort of scroll- 



HARUSPICES. 

pattern. (See Schneider, Newton, and the other 
commentators and translators, /. c, and an addition 
by Bailey to the article in Forcellini.) [P. S.] 

HA'RPAGO (apirdyr] ; Xvkos : Kpzdypa, dim. 
Kpedypis), a grappling-iron, a drag, a flesh -hook. 
(Ex. xxvii. 3 ; 1 Sam. ii. 13, 14. Sept. ; Aristoph. 
Vesp. 1152 ; Anaxippus, ap. Athen. iv. p. 169, b.) 
The iron-fingered flesh-hook (Kpsdypa (TiSrjpoSaicTv- 
Aos, Brunck,^4?2a/. ii. 21 5) is described by the Scho- 
liast on Aristophanes (Equit. 769), as " an instru- 
ment used in cookery, resembling a hand with the 
fingers bent inwards, used to take boiled meat out 
of the caldron." Four specimens of it, in bronze, 
are in the British Museum. One of them is here 
represented. Into its hollow extremity a wooden 
handle was inserted. 




A similar instrument, or even the flesh-hook it- 
self (Aristoph. Eccles. 994) was used to draw up 
a pail, or to recover any thing which had fallen 
into a well. (Hesychius, s. vv. 'Kpirdyq, Kpedypa, 
Auicos.) 

In war the grappling-iron, thrown at an enemy's 
ship, seized the rigging, and was then used to drag 
the ship within reach, so that it might be easily 
boarded or destroyed. ("Ap-iraf, Athen. v. p. 208, d.) 
These instruments appear to have been much the 
same as the mantis ferreae (mantis ferreae atque har- 
pagones, Caes. B. C. i. 57 ; Q. Curt. iv. 9 ; Dion 
Cass. xlix. 3, 1. 32, 34). The manus ferreae were 
employed by the Consul Duilius against the Car- 
thaginians (Flor. ii. 2 ; Front. Stratag. ii. 3. § 24), 
and were said to have been invented by Pericles. 
(Plin. N. vii. 57.) *[J. Y.] 

HARPASTUM (a.pwa<n6v from b.pird(a>) was 
a ball, used in a game of which we have no ac- 
curate account ; but it appears both from the ety- 
mology of the word and the statement of Galen 
(tlepi [xii<pas ~2,(pa'ipas, c. 2. p. 902, ed. Kiihn), 
that a ball was thrown among the players, each of 
whom endeavoured to obtain possession of it. 
(Comp. Pollux, ix. 105, 106 ; Athen. i. p. 14, f.) 
Hence Martial (iv. 19. 6) speaks of the harpasla 
pulvertdcnta. The game required a great deal of 
bodily exertion. (Martial, vii. 67. 4 ; comp. xiv. 
48.) (See Becker, Gattits, vol. i. p. 276 ; Krause, 
Gymnastik und Agonistih der Hellenen, vol. i. pp. 
307, 308.) 

HARU SPICES, or ARU'SPICES, were 
soothsayers or diviners, who interpreted the will 
of the gods. They originally came to Rome from 
Etruria, whence haruspices were often sent for by 
the Romans on important occasions. (Liv. xxvii. 
37 ; Cic. Cat. iii. 8, de Div. ii. 4.) The art of 
the haruspices resembled in many respects that of 
the augurs ; but they never acquired that political 
importance which the latter possessed, and were 
regarded rather as means for ascertaining the will 
of the gods than as possessing any religious autho- 
rity. They did not in fact form any part of the 
ecclesiastical polity of the Roman state during the 
republic ; they are never called sacerdotes, they 
did not form a collegium, and had no magister at 
their head. The account of Dionj'sius (ii. 22), 



HASTA. 

that the haruspices were instituted by Romulus, 
and that one was chosen from each tribe, is op- 
posed to all the other authorities, and is manifestly 
incorrect. In the time of the emperors, we read 
of a collegium or order of sixty haruspices (Tacit. 
Ann. xi. 15 ; Orelli, Inscr. i. p. 399) ; but the time 
of its institution 19 uncertain. It has been sup- 
posed that such a collegium existed in the time of 
Cicero, since he speaks of a summus magister (de 
Div. ii. 24) ; but by this we are probably to un- 
derstand not a magister coltegii, but merely the 
most eminent of the haruspices at the time. 

The art of the haruspices, which was called 
liaruspicina, consisted in explaining and interpret- 
ing the will of the gods from the appearance of the 
entrails (acta) of animals offered in sacrifice, whence 
they are sometimes called extispices, and their art 
ertispicium (Cic. de Div. ii. 1 1 ; Suet. Ner. 56) ; 
and also from lightning, earthquakes, and all 
extraordinary phenomena in nature, to which the 
general name of portenta was given. (Valcr. Max. 
L 1. § 1.) Their art is said to have been invented 
by the Etruscan Tagcs (Cic. de Div. ii. 23 ; Festus, 
». f. Tages), and was contained in certain books 
cnlled liliri haruspicini, fulgurates, and tonilruales. 
(Cic de Div. L 33 ; compare Macrob. Haturn. iii. 

This art was considered by the Romans so im- 
portant at one time, that the senate decreed that a 
certain number of young Etruscans, belonging to 
the principal families in the state, should always 
be instructed in it. (Cic. de Div. i. 41.) Niebuhr 
appears to be mistaken in supposing the passage in 
Cicero to refer to the children of Koman families. 
( Sec Orelli, ad Ice.) The senate sometimes con- 
sulted the haruspices (Cic. de Div. i. 43, ii. 35 ; 
Liv. xxvii. 37), as did also private persons. (Cic. 

Div. ii. 29.) In later times, however, their art 
fell into disrepute among well-educated Romans ; 
and Cicero {de Div. ii. 24) relates a saying of 
Cato, that he wondered that one haruspcx did not 
laugh when he saw another. The Emperor Clau- 
dius attempted to revive the study of the art, 
which had then become neglected ; and the senate, 
under his directions, passed a decree that the 
pontitices should examine what parts of it should 
be retained and established (Tacit Ann. xi. 15) ; 
but we do not know what effect this decree pro- 
duced. 

The name of haruspcx is sometimes applied to 
any kind of soothsayer or prophet (Prop. iii. 13. 
59) ; whence Juvenal (vi. 550) speaks of Arme- 
nius vel ('nmmagenus hurusjiex. 

The latter part of the word haruspcx contains 
the root sjtee ; and Donatus («</ Ter. Pliorm. iv. 
4. 211) derives the former part from Itaruga, a 
victim. Compare Festus, ». r. Ilarrign, and Varro, 
Hag. Lot v. 98, < d. MUller. (Guttling, Getclt. 
<!■ r limit. Stiuitsv. p. 213 ; Walter, (lesclt. des Worn, 
/to / , gij 1 42, 77", 2nd ed.; l!ri;.viiiiu.-, / „ r - 
muli>, i. 29, tic.) 

II AS I A 1 PfXflt, iraA-roV), a spear. The spear 
is defined by Homer, t6pv xaAK-f/pcs, u a pole fitted 
with bronze " (//. vi. 3), and 56pv x^xoffap*!, 
** a pole heavy with bronze" (<)d. xi. 531 ). The 
liri.ii/i-, fur which iron was afterwards substituted, 
was indispensable to form the point (aix/Wj, lutuK-fi, 
Homer ; Arf^xi, Xcnnphon ; units, cusj/is, tpicu- 
'"•11, Ovid, Afefc viii. 375) of the spear. Each of 
these two ewnti.-il part* is often put fur the whole, 
•o that a speiir is called S6pv and Sop&Tiov, ai'x^'i, 



HASTA. 587 
and Koyxv- Even the more especial term /j.e\ia, 
meaning an ash-tree, is used in the same manner, 
because the pole of the spear was often the stem of a 
young ash, stript of its bark and polished. (//. xix. 
390, xx. 277, xxii. 328, Od. xxii. 259 ; Plin. 
H. N. xvi. 24 ; Ovid, Met. xii. 369.) In like 
manner the spear is designated by the term Ka/ia| 
(Aesch. Ay. 65 ; Eurip. lice. 1155, Phoen. 1421 ; 
Brunck, Anal. i. 191, 226 ; Ant. Sid. 34), meaning 
properly the strong tall reed of the south of Europe, 
which served both for spears and for various other 
uses. (Hes. Scut. 298 ; Schol. in loc. ; Xen. de lie 
Etpiest. xii. 12.) 

The bottom of the spear was often inclosed in 
a pointed cap of bronze, called by the Ionic writers 
(Tavparrjjp (Horn. x. 153 ; Herod, vii. 40, 41 ; 
also Polyb. vi. 23), and oiipiaxos (II. xiii. 443, 
xvi. G12, xvii. 528), and in Attic or common Greek 
(TTupa£. (Xen. Ilellen. vi. 2. § 19 ; Athen. xii. p. 
514, b ; nvpixwv, Thuc. ii. 4 ; Aen. Tact. 18.) 
By forcing this into the ground the spear was fixed 
erect. (Virg. Aen. xii. 130.) Many of the lancers 
(Soputp6pot, cuxM°<p6poi, \oyx o( p6po't woodcut, p. 
237), who accompanied the king of Persia, had, 
instead of this spike at the bottom of their spears, 
an apple or a pomegranate, cither gilt or silvered. 
(Herod. ; Athen. ; //. cc.) With this, or a similar 
ornament, the spear is often terminated both on 
Persian and Egyptian monuments. Fig. 1. in the 
annexed woodcut shows the top and bottom of a 
spear, which is held by one of the king's guards in 
the sculptures at Perscpolis. (Sir R. K. Porter's 
Travels, vol. i. p. 601.) It may be compared with 
those in the hand of the Greek warrior at p. 135, 
which have the spike at the bottom. The spike at 
the bottom of the spear was used in fighting by 
the Greeks and Romans, when the head was 
broken off. (Polyb. vi. 25.) 

A well-finished spear was kept in a case (Sopa- 
to(M)K7)), which, on account of its form, is called 
by Homer a pipe (avpiy£, II. xix. 387). 

The spear was used as a weapon of attack in 
three different ways : — 1. It was thrown from cats* 
pults and other engines [Tokmkntum ]. 2. It was 
thrust forward as a pike. In this manner Achilles 




killed Hector by picrcini; him with his spear 
through the ucck. (//. xxii. 326.) The Euboeuiut 



HASTA. 



HASTA. 



were particularly celebrated as pikemcn. (Horn. 
II. ii. 543.) 3. It was commonly thrown by the 
hand. The Homeric hero generally went to the 
field with two spears. (Horn. 11. iii. 18, x. 76, 
xii. 298 ; Pind. Pyth. iv. 139.) On approaching 
the enemy he first threw either one spear or both, 
and then on coming to close quarters drew his 
sword. (Horn. //. iii. 340, xvii. 530, xx. 273 — 
284.) The spear frequently had a leathern thong 
tied to the middle of the shaft, which was called 
6.yicvA7] by the Greeks, and amentum by the 
Romans, and which was of assistance in throwing 
the spear. (Pollux, i. 136 ; Schol. ad JEurip. Orest. 
1477 ; Xen.Anab. iv. 2. § 28 ; Virg. Aen. ix. 665 ; 
Ov. Met. xii. 321 ; Cic. de Orat. i. 57.) The an- 
nexed figure, taken from Sir W. Hamilton's Etrus- 
can Vases (iii. pi. 33), represents the amentum 
attached to the spear at the centre of gravity, a 
little above the middle. 




We are not informed how the amentum added 
to the eifect of throwing the lance ; perhaps it was 
by giving it rotation, and hence a greater degree of 
steadiness and directness in its flight, as in the 
case of a ball, shot from a rifle-gun. This supposi- 
tion both suits the expressions relative to the in- 
sertion of the fingers, and accounts for the frequent 
use of the verb torquere, to whirl, or twist, in con- 
nection with this subject. We also find mention 
in the Latin grammarians of Hastae ansatae, and 
Ennius speaks of Ansatis concurrimt undique telis 
(Macrob. Sat. vi. 1). The ansa was probably the 
same as the amentum, and was so called as being 
the part which the soldier laid hold of in hurling 
the spear. 

Under the general terms hasta and eyx os were 
included various kinds of missiles, of which the 
principal were as follow : — 

Lancea {^iyxv, Festus, s. v. Lancea), the lance, 
a comparatively slender spear commonly used by 
the Greeks. Iphicrates, who doubled the length 
of the sword [Gladius], also added greatly to the 
dimensions of the lance. (Diod. xv. 44 ; Nep. 



xi. 1. 3.) This weapon was used by the Grecian 
horsemen (Polyb. vi. 23) ; and by means of an 
appendage to it, which is supposed by Stuart (Ant. 
of Athens, vol. iii. p. 47 ; woodcut, fig. 2) to be ex- 
hibited on the shafts of three spears in an ancient 
bas-relief, they mounted their horses with greater 
facility. (Xen. de Re Eqitest. vii. xii.) 

Pilum (v<T(r6s), the javelin, much thicker and 
stronger than the Grecian lance (Flor. ii. 7), as 
may be seen on comparing the woodcuts at pp. 135 
and 136. Its shaft, often made of cornel (Virg. 
Aen. ix. 698 ; Ovid, Met. viii. 408), was four and 
a half feet (three cubits) long, and the barbed iron 
head was of the same length, but this extended 
half way down the shaft, to which it was attached 
with extreme care, so that the whole length of 
the weapon was about six feet nine inches. Each 
soldier carried two. (Polyb. vi. 23.) [Exercitus, 
p. 497, a.J It was used either to throw or to 
thrust with ; it was peculiar to the Romans, and 
gave the name of pilani to the division of the army 
by which it was adopted. When Marius fought 
against the Cimbri, he ordered that of the two nails 
or pins (irepovai) by which the head was fastened 
to the staff, one should be of iron and the other of 
wood. The consequence was, that, when the pilum 
struck the shields of the enemy, the wooden nail 
broke, and as the iron head was thus bent, the spear, 
owing to the twist in the metal part, still held to the 
shield and so dragged along the ground. (Plut. 
Mar. 25.) 

Whilst the heavy-armed Roman soldiers bore 
the long lance and the thick and ponderous javelin, 
the light-armed used smaller missiles, which, 
though of different kinds, were included under the 
general term liastae velitares (Liv. xxxviii. 20 ; 
Plin. //. Af. xxviii. 6). From yp6cr(pos, the cor- 
responding Greek term (Polyb. i. 40 ; Strabo, iv. 
4. § 3), the velites, or light-armed, are called by 
Polybius ypo(T(poiJ.dxoi (vi. 19, 20). According to 
his description the ypdrrcpos was a dart, with a 
shaft about three feet long and an inch in thick- 
ness : the iron head was a span long, and so thin 
and acuminated as to be bent by striking against 
any thing, and thus rendered unfit to be sent back 
against the enemy. Fig. 3, in the preceding wood- 
cut, shows one which was found, with nearly four 
hundred others, in a Roman entrenchment at 
Meon Hill, in Gloucestershire. (Skelton's Engraved 
Illustrations, vol. i. pi. 45.) 

The light infantry of the Roman army used a 
similar weapon, called a spit (veru, verutum, Liv. 
xxi. 55 ; vavviov, Diod. Sic. xiv. 27 ; Festus, s. v. 
Samnites). It was adopted by them from the 
Samnites (Virg. Aen. vii. 665), and the Volsci 
(Georg. ii. 168). Its shaft was 3^ feet long, its 
point five inches. (Veget. ii. 15.) Fig. 4, in the 
preceding woodcut, represents the head of a dart 
in the Royal Collection at Naples ; it may be taken 
as a specimen of the verutum, and may be con- 
trasted with fig. 5, which is the head of a lance in 
the same collection. The Romans adopted in like 
manner the gaesum, which was properly a Celtic 
weapon (Liv. xxviii. 45) ; it was given as a reward 
to any soldier who wounded an enemy. (Polyb. 
vi. 37.) Sparus is evidently the same word with 
the English spar and spear. It was the rudest 
missile of the whole class, and only used when 
better could not be obtained. (Virg. Aen. xi. 682 ; 
Serv. inloe.; Nepos, xv. 9. § 1 ; Sallust, Cat. 56 ; 
Gell. x. 25.) 



HAST A. 

Besides the terras jaculum and spiculum (okoiv, 
okovtiov), which probably denoted darts, resem- 
bling in form the lance and javelin, but much 
smaller, adapted consequently to the light-armed 
(jacuiatores), and used in hunting as well as in 
battle (Thucyd. ii. 4 ; Virg. Aen. Lx. 52 ; Serv. in 
he.; Ovid, Met. viii. 411 ; Cic. ad Fam. v. 12; 
Flor. ii. 7), we find in classical authors the names 
of various other spears, which were characteristic 
of particular nations. Thus, Servius states [in Aen. 
vii. 664), that, as the pitum was proper to the 
Romans, and the gaesum to the Gauls, so the 
sarissa was the spear peculiar to the Macedonians. 
This was used both to throw and as a pike. It 
exceeded in length all other missiles. [See p. 
4ii!i, a.] It was made of cornel, the tall dense 
stem of which also served to make spears of other 
kinds. (Theoph. //. P. iii. 12. 2 ; crcipenra, Arrian, 
Tact.; Kpavttva, Xcn. de Re Equest. xii. 12.) The 
Thracian romphea, which had a very long point, 
like the blade of a sword (Val. Flac. vL 98 ; 
rumpia, GelL c. ; f>on<paia, A/xjc. i. 1 6 ), was pro- 
bably not unlike the sarissa ; since Livy asserts 
(xxxi. 39), that in a country partly covered with 
wood the Macedonian phalanx was ineffective on 
account of their praelongae hastae, and that the 
romphaea of the Thracians was a hindrance for the 
tame reason. With these weapons we may also 
class the Illyrian sibina, which resembled a hunting- 
pole. (Festus, i.r. ■ atSvviov, Polvb. vi. 21 ; sibon, 
GelL /. c; Ant Sid. 13.) 

The iron head of the German spear, called 
frnmea, was short and narrow, but very sharp. 
The Hermans used it with great effect either as 
a lance or a pike : they gave to each youth a 
framea and a shield on coming of age. (Tacit. Germ. 
•J, 13, 18, 24 ; Juv. xiii. 79.) The Falarica or 
J'luihirica wag the spear of the Saguntines, and was 
impelled by the aid of twisted ropes ; it was large 
and ponderous, having a head of iron a cubit in 
length, and a ball of lead at its other end ; it some- 
times carried liaming pitch and tow. (Liv. xxi. 8, 
xxxiv. 18 ; Virg. Aen. ix. 706 ; Lucan, vi. 198 ; Sil. 
Ital. i. 351 ; Gell. I.e. ; Isid. Orig. xviii. 7 ; Grat. 
F:i K f 'yner/. 342.) The matara and tragula were 
chiefly used in Gaul and Spain: the tragula was 
probably barbed, as it required to be cut out of the 
wound. (Plant. Cos. ii. 4. 18, lipid, v. 2. 2.5 ; 
Cm*. B.C. i. 26, v. 35 ; Gell. /. c.) The Aclis 
mid Cateia were much smaller missiles. (Virg. 
Aen. vii. 730, 741.) 

Aiming the decorations which the Roman gene- 
rals bestowed on their soldiers, more especially for 
I i Dg the life of a fellow-citizen, was a spear 
without a head, called hasta pura. (Virg. Aen. vi. 
780 ; Serv. in Inc. ; Festus, ». v. I Inula ; Siicton. 
Claud. 28 ; Tacit, Ann. iii. 21.) The gift of it is 
i,i nines recorded in funereal inscriptions. 

The ceiilxtrin Inula (Festus, ». v.), having been 
fixed into the body of a gladiator lying dead on 
the arena, was used at marriages to part the hair 
of the bride. (Ovid, Fast. ii. 560.) 

A spear was erected at auctions [Ai'cno], and 
whi n lenders were received for public offices (loca- 
! >. It served both to announce, by a conven- 
tional sign conspicuous at a distance, that n sale 
was going on, anil to show that it was conducted 
under the authority of the public functionaries, 
ill'. OJjie. ii. 8; Ncpns, Attic. 6; Festus, i. v. 
Ilatla.) Hence an miction was called hasta, and 
an auction-room hastarium. (TcrtulL Aj/ot. 13.) 



HECTE. 589 

It was also the practice to set up a spear in the 
court of the Centlmviri. 

The throwing of spears (Jmotmtrnos) was one of 
the gymnastic exercises of the Greeks, and is de- 
scribed at length by Krause (Gymruislik und Agon- 
istikder Hallenen, vol. i. p. 465, ecc). [J. Y.] 

HASTA'TL [Exercitls, pp. 494—496,501, 
502.] 

HECATOMBAEA. [Heraea.] 
HECATOMBAEON. [Calendarium, 
Greek.] 

HECATOMBE. [Sacripicium.] 
HECATOMPEDOX. [Pes ; Te.mplum.] 
1IKCATOSTE {tKa.TO(TTTi). [Pentecoste.] 
HECTE or HECTEUS (?kttj, e/tTeus), and 
its half, Hemiecton or Hemiecteon (tjplUktov, rjp.uK- 
tc'oc), are terms which occur, in more than one 
sense, in the Greek metrical system, and are inter- 
esting on account of the examples they furnish of 
the duodecimal division. 

1. In dry measures, the Jiecteus was the sixth 
part of the medimnus, and the hemiecteon, of course, 
the twelfth part. (Aristoph. Eccl. 547, Nub. 638, 
645.) The hecleus was equal to the Roman modius, 
as each contained 16 ^Vtoi or sextarii. (Biickh, 
Metrol. Untersuch. pp. 33, 200.) 

2. The Hecte or Hecleus and Hemiecton were also 
the names of coins, but the accounts we have of 
their value are very various. The only consistent; 
explanation is, that there were different Itectae, de- 
rived from different units ; in fact, that these coins 
were not properly denominations of money, but sub- 
divisions of the recognised denominations. This 
view is confirmed by the statement of HesychiuB, 
that the words eicTrj, TpiVij, and reTdpT-n were ap- 
plied to coins of gold, silver, and copper ; that is, 
we think, that the various denominations of money 
were subdivided for convenience into thirds, fourths, 
and sixths, which would be of gold, silver, and 
copper, according to the value of their respective 
units. (Ilesych. s. v. €ktt).) Now, since the drachma 
was the unit of the silver coinages, which chiefly 
prevailed in Greece, we might expect, a priori, 
that the common hecteus would be the sixth of a 
drachma, that is, an ubol ; and that there was 
such a hecteus, is expressly stated by llesychius, 
who gives iiuit'Aiw as the equivalent of r)nttKToi> 
(». t\). But then from a passage of the comic poet 
Crates (Pollux, ix. 374), we learn that the 
hemiecton of gold was eight obols, the natural in- 
terpretation of which is, that it was equal in value 
to eight silver oljols or (according to Mr. Ilusscy's 
computation of the drachma), a little more than 1 3d*, 
which is certainly a very small value for a gold 
coin. This objection Biickh meets by supposing 
that the gold had a very Luge mixture of alloy ; 
and the probability of this will appear further pre- 
lently. This staler could not have been nn Attic 
coin, for at that time Athens had no gold money : 
the question therefore arises, to what foreign suite 
did it belong ? Now, among the foreign staters, 
which were current at Athens in the filth ce ntury 
U. c, that of Phocaca is frequently mentioned, and 
an inscription exists (found in the Acro|>olis) in 
which, among certain nib-rings, we find I'hucuran 
ulatrrs, and iktoi 4-wKaiOfi (Iliickh, C»rp. /«.«•/■. 
No. 150, lines 41, 43, vol. i. pp. 231, 236. §§ !.'», 
22 : tlx- hasty conjecture that these «ktoi must have 
been of lilver, is corrected by Biickh himself, in 
In. ,1/./, .,'/.<// ><■/(.- / 'iiti-r.-iirhimgrn, p. 135). Little 
doubt can remain that these <ktoi were the sixth. 



590 



HELEPOLIS. 



HELLENOTAMIAE. 



and the hemiecta of Crates the twelfth of the Pho- 
caean stater. The weight of the hemiecton would be 
a little less than that of the Attic obol ; and their 
value would therefore give a ratio of gold to silver, 
as 8 to 1, a low value for gold, it is true, but one 
easily explained by the fact, conjectured byBockh, 
and distinctly stated by Hesychius (s. v. Quxah), 
that the Phocaean gold money was very base : this 
fact also will explain the light weight of the coin 
as compared with the Attic obol. The result of 
this somewhat intricate discussion seems to us both 
clear and consistent : namely, that the standard 
weight, the drachma, was divided, on the duodeci- 
mal system, into sixths (sktcu or tigoAoi), and 
twelfths, -fyiae/cTa : that Athens had silver coins of 
these weights : and that, in those states which 
used a gold coinage, of which the unit was a stater 
equal (generally) in weight to two drachmae and in 
value to twenty, this stater was subjected to a simi- 
lar duodecimal division, by which the sixth (I/ctt; 
or eicnvs) became in weight a piece of two obols, 
and the twelfth (rij.dtKTov) a piece of one obol. 
The values of these coins (according to the average 
ratio of the value of gold to that of silver, namely 
10 : 1) would have been 20 obols and 10 obols re- 
spectively ; but those of Phocaea were so light and 
debased, that they were only worth 16 and 8 respec- 
tively of the obols of Athens, whose coinage was 
proverbially pure. [P. S.] 

HECTEMO'RII (eKrrjfiSpioi), a name given 
to the poor citizens of Attica before the time of 
Solon, who cultivated the fields of the rich and 
received only a sixth part (hence their name) of 
the produce. (Hesych. s. v. kKr-rijidpot ; Eustath. 
ad Horn. Od. xix. 28. p. 680. 49, ed. Basil, p. 1854, 
ed. Rom.) Plutarch (Solon, 13) seems to have 
made a mistake in stating that they paid a sixth 
portion to their masters, and retained five-sixths 
themselves. (Comp. Schomann, De Comitiis, 
p. 362,Antiq. Jur. Publ. Grace, p. 169 ; Hermann, 
Lehrbuch d. Griech. Staatsalierth. § 101, n. 10.) 

HEDNA (e'Sfo). [Dos.] 

HEGEMO'NIA DICASTE'RIOU (yywovia 

hlKaGTT)p'wv). [ElSAGOGElS.] 

HEGETO'RIA. [Plynteria.] 

HEIRGMOU GRAPHE' (upyjiov ypa<p-fi). 
This was an action for false imprisonment of a free 
citizen or stranger, and keeping such person in 
private custody. There are no orations upon this 
subject extant, nor indeed any direct allusions to 
it by name ; but it is hinted at as a remedy that 
might have been adopted by Agatharchus, the 
painter, for the restraint put upon his personal 
liberty by Alcibiades (Andoc. c.Alc. p. 119) ; and 
in a passage of Deinarchus (c. Dem. 17), where a 
miller is mentioned to have incurred capital punish- 
ment for a like offence. The thesmothetae pro- 
bably presided in the court before which offenders 
of this kind were brought to trial. (Meier, Att. 
Proc. p. 332.) [J. S. M.] 

HELE'POLIS (eAeVoAis). When Demetrius 
Poliorcetes besieged Salamis, in Cyprus, he caused 
a machine to be constructed, which he called " the 
taker of cities." Its form was that of a square 
tower, each side being 90 cubits high and 45 wide. 
It rested on four wheels, each eight cubits high. 
It was divided into nine stories, the lower of 
which contained machines for throwing great 
stones, the middle large catapults for throwing 
spears, and the highest, other machines for throwing 
smaller stones, together with smaller catapults. 



It was manned with 200 soldiers, besides those 
who moved it by pushing the parallel beams at the 
bottom. (Diod. xx. 48.) 

At the siege of Rhodes, 6. c. 306, Demetrius 
employed an helepolis of still greater dimensions 
and more complicated construction. Besides wheels 
it had castors (aernrrpeVra), so as to admit of 
being moved laterally as well as directly. Its 
form was pyramidal. The three sides which were 
exposed to attack, were rendered fire-proof by 
being covered with iron plates. In front each 
story had port-holes, which were adapted to the 
several kinds of missiles, and were furnished with 
shutters that could be opened or closed at pleasure, 
and were made of skins stuffed with wool. Each 
story had two broad flights of steps, the one for 
ascending, the other for descending. (Diod. xx. 91 ; 
compare Vitruv. x. 22.) This helepolis was con- 
structed by Epimachus the Athenian ; and a much 
esteemed description of it was written by Dioeclides 
of Abdera. ( Athen. v. p. 206, d.) It was no doubt 
the greatest and most remarkable engine of the kind 
that was ever erected. In subsequent ages we 
find the name of " helepolis " applied to moving 
towers which carried battering rams, as well as 
machines for throwing spears and stones. (Aram. 
Marcell. xxiii. ; Agathias, i. 18. p. 30, ed. Ven. ; 
Nicet. Chon. Jo. Commenus, p. 14, b.) Towers 
of this description were used to destroy the walls 
of Jerusalem, when it was taken by the Romans. 
(Jos. B. J. ii. 19. § 9, iii. 6. § 2.) [Aries ; Tor- 

MENTUM.] [J. Y.] 

HELIAEA. [Dicasterion.] 
HELLOCAMI'NUS. [Domus, p. 432, b.] 
HELIX (eAi£), anything of a spiral form, whether 

in one plane, as the spiral curve, or in different 

planes, as the screw. 

1. In architecture, the spiral volutes of the Ionic 
and Corinthian capitals. The Roman architects, 
while they used the word volulae for the angular 
spirals, retained the term helices for the smaller 
spirals in the middle of each face of the Corinthian 
capital. (Vitruv. iv. 1. § 12.) 

2. In mechanics, the word designates the screw 
in its various applications ; but its chief use was 
to describe a machine used for pushing or drawing 
ships in the water from the beach, which was said 
to have been invented by Archimedes. (Athen. v. 
p. 207, a., with Casaubon's Notes.) [P. S.] 

HELLANO'DICAE ('EAAcwoSi/ccu), the judges 
in the Olympic games, of whom an account is 
given under Olympia. The same name was also 
given to the judges or court-martial in the Lace- 
daemonian army (Xen. Rep. Lac. xiii. 11) ; and 
they were probably first called by this name 
when Sparta was at the head of the Greek con- 
federacy. 

HELLENOTA'MIAE ('EAA.ijvoTa^ai), or 
treasurers of the Greeks, were magistrates ap- 
pointed by the Athenians to receive the contribu- 
tions of the allied states. They were first appointed 
B. c. 477, when Athens, in consequence of the 
conduct of Pausanias, had obtained the command 
of the allied states. The money paid by the dif- 
ferent states, which was originally fixed at 460 
talents, was deposited in Delos, which was the 
place of meeting for the discussion of all common 
interests ; and there can be no doubt that the 
hellenotamiae not only received, but were also the 
guardians of these monies, which were called by 
Xenophon (de Vectig. v. 5) 'RKkf\voTajxia. (Thuc. 



HELOTES. 

5. 96 ; Plut. Aristid. 24 • Andoc. tie Pace, -p. 107.) 
The office was retained after the treasury was 
transferred to Athens on the proposal of the Sa- 
mians (Plut. Aristid. 25 ; Diod. xii. 38), but 
was of course abolished on the conquest of Athens 
by the Lacedaemonians. The Hellenotaraiae were 
not reappointed after the restoration of the demo- 
cracy ; for which reason the grammarians afford 
us little information respecting their duties. 
Bockh, however, concludes from inscriptions that 
they were probably ten in number, chosen by lot, 
like the treasurers of the gods, out of the Pentaco- 
siomedimni, and that they did not enter upon their 
office at the beginning of the year, but after the 
Panathenaoa and the first Prytaneia. AVith regard 
to their duties, Bijckh supposes that they remained 
treasurers of the monies collected from the allies, 
and that payments for certain objects were assigned 
to them. In the first place they would of course 
pay the expenses of wars in the common cause, as 
the contributions were originally designed for that 
purpose ; but as the Athenians in course of time 
considered the money as their own property, the 
ilellenotamiae had to pay the Theorica and mili- 
tary expenses not connected with wars on behalf 
of the common cause. (Bockh, I'M. Econ. of 
Alliens, p. 176, 2nd ed. ; Corp. Inscrip. No. 147.) 

HELLOTIA [Ellotia.] 

HELO'TES (E'iA<tfT«i, the Latin form Ilolae'a 
also used, Liv. xxxiv. 27), were a class of bonds- 
men subject to Sparta. The whole of the inhabit- 
ants of I^aconia were included in the three classes 
of Spartans, Periocci, and Helots, of whom the 
Helots were the lowest. They formed the rustic 
population, as distinguished both from the inhabit- 
ants of Sparta itself, and from the Periocci who 
dwelt in the large towns. (Liv. I.e.) Their con- 
dition was that of serfs attached to the land, ad- 
teripUgldtae ; and they appear to have been the only 
class of slaves among the Lacedaemonians. Different 
etymologies are given of their name. The common 
account is, that they were originally the Achaean 
inhabitants of the town of Helos in Laconia, who, 
ha\ iog been the last to submit to the Dorian invaders, 
and that only after a desperate struggle, were reduced 
by the victors to slavery'. (Paus. iii.20. § 6; Harpocr. 
«. r. (lAitfTdJdv, who cites llellanicus as his autho- 
rity). Another account, preserved by Athenaeus 

ti Tlieopompiis, represents them as the general 

body of the ancient Achaean population of Laconia, 
reduced to slavery by the Dorians, like the Penestae 
in Thessaly. (Ath. vi. p. 265, c.) The statement 
of Ephorus, again, preserved by Strabo, has some- 
thing in common with both the other stories ; for, 
according to it, the original inhabitants of the 
Country, when subdued by the Dorians, were at 
first permitted to enjoy an equality of civil and 
political rights with their conquerors, and were 
talbd HtLoU ; but they were deprived of their 
equal status by Agis, the son of Euryathcnes, who 
made them [«y tribute : this dn-ree was resisted 
only by the people of Helos ('EAuui oi (xovrts to 
"EAoj;, who rebelled and were reduced to slavery 
under certain conditions. (Strab. viii. p. 365.) 
Now, all these theories (for such they are) rest on 
the doubtful foundation of the historical truth of the 
circumstances attending the Dorian invasion, and 
the connection of the name with Helos is not only 
a manifest invention, opposed to the best autho- 
rise* (Theopomp. Eph. //. <•<-.), but is etymolo- 
gically faulty, for the people of "EAoj were not 



HELOTES. 591 
called EiAWTey, but 'EAeioi (Strab. I.e.) or 'EAca- 
Tai (Athen. vi p. 271). The name has been 
also derived from 6Atj, mars/ies, as if it signified 
inhabitants of the lowlands. But Miiller seems to 
be nearer the mark in explaining ciAtcrres as mean- 
ing prisoners, from the root of cAeij/, to take, like 
S/icSej from the root of Sa/xdtii. He supposes that 
they were an aboriginal race, who were subdued at 
a very early period, and who naturally passed over 
as slaves to the Doric conquerors. It is objected 
by Thirhvall that this theory does not account for 
the hereditary enmity between them and their 
masters ; for unless they lost their liberty by the 
Dorian conquest, there is no probability that it 
placed them in a worse condition than before. But 
to this objection, we may oppose the acute observ- 
ation of Grote, that those dangers from the servile 
population, the dread of which is the only probable 
cause that can be assigned for the cruelty of the 
Spartans, and the consequent resentment of the 
Helots, "did not become serious until after the 
Messenian war — nor indeed until after the gradual 
diminution of the number of Spartan citizens had 
made itself felt." 

At the end of the second Messenian war (u. c. 
668), the conquered Messenians were reduced to 
slavery, and included under the denomination of 
Helots. Their condition appears to have been the 
same, with some slight differences, as that of the 
other Helots. But, in addition to that remem- 
brance of their freedom, which made not only them, 
but, through their influence, the whole class of 
Helots more and more dangerous to their masters, 
they preserved the recollection of their national ex- 
istence, and were ready to seize any opportunity of 
regaining it ; until, at length, the policy of Epami- 
nondas, after the battle of Leuctra, restored the 
main body of these Messenian Helots to their 
country, where they no doubt formed the chief part 
of the population of the new city of Messcnc. 
(Thirlwall, Hist, of Greece, vol. v. pp. 10-1, 105.) 

The Helots were regarded as the property of the 
state, which, while it gave their services to indivi- 
duals, reserved to itself the power of emancipating 
them. (Ephorus, ap. Strab. I.e. ; Paus. I.e.) They 
were attached to the land, and could not be sold 
away from it. Several families, as many perhaps 
as six or seven, resided on each K\?ipos, in dwell- 
ings of their own, cither in detached farms or in 
villages. They cultivated the land and paid to 
their masters as rent a fixed measure of corn, the 
exact amount of which had been fixed at a very 
early period, the raising of that amount being for- 
bidden under heavy imprecations. (Plut. Inst. Jaic. 
p. 255.) The annual rent paid for each (cAiipos 
was eighty-two medimni of barley, and a propor- 
tionate quantity of oil and wine. (Pint. Lye. 8. 
24.) The domestic servants of the Spartans wero 
all Helots. They attended on their masters at the 
public meal ; and many of them were no doubt 
employed by the state in public works. 

In war the Helots served as light-armed troops 
(t^Ao<), a certain number of them attending every 
he.i warmed Spartan to the field ; nt the battle of 
Plataeae, there were seven Helots to each Spar- 
tan, and one to ever)' hoplile of the Periocci. 
( Hend. ix. 10. 28.) These attendants were pro- 
bably cnlleda/iirlTTopis (i. r. apiplmavrti, Hesych. 
$. v.), and one of them in particular, the dtpdirwv, 
or tenant | Herod. \ ii. 229 ; Stun. Lm, Xrn. ». ».); 
though Stpdxwy was also used by the Dorians as 



592 



HELOTES. 



HEMINA. 



a general name for armed slaves. The Helots only- 
served as hoplites in particular emergencies ; and 
on such occasions they were generally emancipated, 
if they showed distinguished bravery. The first 
instance of this kind was in the expedition of Bra- 
sidas, B. c. 424. (Thucyd. iv. 80, v. 34, vii. 19.) 

The treatment to which the Helots were sub- 
jected, as described by the later Greek writers, is 
• marked by the most wanton cruelty. Thus Myron 
states that " the Spartans impose upon them every 
ignominious service, for they compel them to wear 
a cap of dog's skin, and to be clothed with a gar- 
ment of sheep's skin, and to have stripes inflicted 
upon them every year for no fault, that they may 
never forget that they are slaves. And besides all 
this, if any rise by their qualities above the condi- 
tion of a slave, they appoint death as the penalty, 
and their masters are liable to punishment if they 
do not destroy the most excellent." (Athen. xiv. 
p. 657.) And Plutarch (Lye. 28) states that He- 
lots were forced to intoxicate themselves, and per- 
form indecent dances as a warning to the Spartan 
youth. These statements must be received with 
some caution. There is no evidence that they are 
true of the period before the Messenian wars ; nor 
can we believe that such wanton and impolitic op- 
pressions, provocations, and destruction of a valu- 
able servile population formed any part of the ori- 
ginal system of Lycurgus. What has been said 
above, respecting the legal condition of the Heiots, 
indicates a very different state of things ; and their 
real condition is probably not misrepresented by 
Grote, when he says: — "The Helots were a part 
of the state, having their domestic and social sym- 
pathies developed, a certain power of acquiring 
property (Plut. Cleom. 23), and the consciousness 
of Grecian lineage and dialect — all points of 
marked superiority over the foreigners who formed 
the slave population of Athens or Chios. They 
seem to have been no way inferior to any village 
population of Greece." As is usual with serfs, 
every means was taken to mark the distinction be- 
tween them and their masters : they were obliged 
to wear the rustic garb described above, and they 
were not permitted to sing one of the Spartan songs. 
(Plut. Lyc. 28.) But the state of things described 
in the above quotations belongs to a period when 
the fear of a servile insurrection had produced the 
natural result of cruel oppression on the one part 
and rebellious hatred on the other. That the 
cruelty of their masters knew no restraint when it 
was thus stimulated by fear, is manifest enough 
from the institution of the Kpvrrrda [Crypteia]. 
How far the statements of ancient writers respect- 
ing the crypteia are to be believed, is somewhat 
doubtful ; but there can be no doubt of the fact 
related by Thucydides, that on one occasion two 
thousand of the Helots who had rendered the 
greatest service to the state in war, were induced 
to come forward by the offer of emancipation, and 
then were put to death. (Thuc. iv. 80.) 

The Helots might be emancipated, but in that 
case, instead of passing into the class of Perioeci, 
they formed a distinct body in the state, known, at 
the time of the Peloponnesian war, by the general 
term of veohaLiwSeis, but subdivided into several 
classes. Myron of Priene (ap. Athen. vi. p. 271, f. ), 
enumerates the following classes of emancipated 
Helots: — icperai, aSecriroroi, ipvKTrjpes, Secrito<no- 
vavrai, and veoSafidStis. Of these the cuperai 
were probably released from all service ; the ipvic- 



Tripes were those employed in war ; the Secriroaiovav- 
rai served on board the fleet ; and the veoSa/xuSzis 
were those who had been possessed of freedom for 
some time. Besides these there were the fioOwves 
or p.68aices, who were domestic slaves, brought up 
with the young Spartans, and then emancipated. 
Upon being emancipated they received permission 
to dwell where they wished. [Compare Civitas 
(Greek), p. 290.] 

(Muller, Dorians, iii. 3 ; Hermann, Political 
Antiquities of Greece, §§ 19, 24, 28, 30, 48 ; Wachs- 
muth, Hellen. AUerth. 2d ed. see Index ; Manso, 
Sparta, see Index ; Thirlwall's Hist, of Greece, 
vol. i. pp. 309—313 ; Grote, Hist. ofGi •eece, vol. ii. 
pp. 494—499.) [P. S.] 

HE'MERA (vfiepa). [Dies.] 
_ HEMERODROMI (v^poSpS/xoi), were cou- 
riers in the Greek states, who could keep on 
running all day, and were often employed to carry 
news of important events. As the Greeks had no 
system of posts, and but few roads, such messen- 
gers must have been of great service. They were 
trained for the purpose, and could perform the 
longest journeys in an almost incredibly short space 
of time. (Herod, vi. 105 ; Corn. Nep. MiltA; Plut. 
Arist. 20 ; Paus. vi. 1 6. § 5.) Such couriers ap- 
pear to have been kept by most of the Greek 
states, and were in times of danger stationed on 
some eminence in order to observe any thing of 
importance that might happen, and carry the 
intelligence with speed to the proper quarter. 
Hence, we frequently find them called Iiemero- 
scopi (TjfiepoaKdiroi, Herod, vii. 182, 192 ; Xen. 
Hell. i. 1. § 2 ; Aeneas Tact. c. 6.) That the 
Hemeroscopi were the same as the Hemerodromi 
appears not only from the passage of Aeneas Tac- 
tions just referred to, but also from the words of 
Livy (xxxi. 24) " ni speculator (hemerodromos 
vocant Graeci, ingens die uno cursu emetientes 
spatium), contemplans regium agmen e specula 
quadam, praegressus nocte media Athenas per- 
venisset." (See Duker, ad Liv. I. c.) The He- 
merodromi were also called Dromokerukes (Spo/xo- 
njjpvKzs, Harpocrat. and Hesych. s. v.). 
HEMEROSCOPI. [Hemerodromi.] 
HEMICHRYSUS. [Aurum ; Stater.] 
HEMICO'NGIUS. [Congius ; and the Tables.] 
HEMIC Y'CLIUM (vfxiniKMov), a semicir- 
cular seat, for the accommodation of persons en- 
gaged in conversation, either in private houses or 
in places of public resort ; and also the semicircular 
seat round the tribunal in a basilica. (Plut. Alcib. 
17, Nic. 12 ; Cic. Lael. 1 ; Vitruv. v. 1. § 8, 
comp. Schneider's Note.) [P. S.] 

HEMIECTEON, HEMIECTON. [Hec- 

TEUS.] 

HEMILITRON. [Litra.] 

HE'MINA (riixiva), the name of a Greek and 
Roman measure, seems to be nothing more than 
the dialectic form used by the Sicilian and Italian 
Greeks for y/xiav. (See the quotations from Epi- 
charmus and Sophron, ap. Ath. xi. p. 479, a, b., 
xiv. p. 648, d., and Hesych. s. v. Iv fj/xiva, which 
he explains as ev rm'urv.) It was therefore naturally 
applied to the half of the standard fluid measure, 
the which the other Greeks called kotv\tj, 

and the word passed into the Roman metrical 
system, where it is used with exactly the same 
force, namely for a measure which is half of the 
sextarius, and equal to the Greek cotyle. (Bdckh. 
Mctrol. Untersuch. pp. 17, 200, 203.) [P. S.] 



HEXDECA. 



HERAEA. 



593 



IIEMIOBO'LIOX, HEMIO'BOLUS. [Oeo- 

Ll'S]. 

HEMIPO'DIOX. [Pes]. 

HEMISTATEK. [Stater]. 

HEMIXESTOX. [Sextarius]. 

HE'XDECA, HOI, (oi evSexa,) the Eleven, 
were magistrates at Athens of considerable im- 
portance. They are always called by this name in 
the classical writers ; but in the time of Demetrius 
Phalereus, their name is said to have been changed 
into that of vo/uxpiikaKts (Pollux, viii. 102), who 
were, however, during the democracy distinct func- 
tionaries. [Xojiophvlaces.] The grammarians 
also give other names to ihe Eleven, as SitT/iorpv- 
Atucer, Sc<Tfio<pu\aiies, etc. (SchoL ad Aristojih. 
Plot. 277, Vesp. lib, ] 108.) 

The time at which the office of the Eleven was 
instituted is disputed. Ullrich considers the office 
to have been of an aristocratical character, and 
concludes from a passage in Heraclides Ponticus 
(i. § 10) that it was established by Aristeides. 
Meier, on the other hand, maintains that the office 
existed not only before the time of Cleisthenes, 
but probably before the legislation of Solon ; but it 
seems impossible to come to any satisfactory con- 
clusion on the subject. They were annually chosen 
by lot, one from each of the ten tribes, and a 
secretary (ypafifuiTfvs), who must properly be re- 
garded as their servant (inrnpir-ns), though he 
formed one of their number. (Pollux, viii. 102.) 

The principal duty of the Eleven was the care 
and management of the public prison (Zta fiwr^piov) 
[CarcerJ, which was entirely under their juris- 
diction. The prison, however, was seldom used 
by the Athenians as a mere place of confinement, 
serving generally for punishments and executions. 
When a person was condemned to death he was 
immediately given into the custody of the Eleven, 
who were then bound to carry the sentence into 
execution according to the laws. (Xen. Hell. 
iL 3. § 54.) The most common mode of execution 
was by hemlock juice (niivttov), which was drunk 
after sunset. (Plat. Phaed. cc. C5, 66.) The 
Eleven had under them jailors, executioners, and 
torturers, who were called by various names (oi 
irapcundrai, Bekker, Anecd. p. 296. 32 ; 6 rusv 
ffSfno WT7)pfT7js, Xen. Hell. ii. 3. § 54 ; & $tjh6- 
koipos, Antiph. l)e Venef. 615 ; 6 OTjjUoVior, or 
J^iioj, &.C.). When torture was indicted in 
causes affecting the state, it was either done in 
the immediate presence of the Eleven (Dem. c. 
Nimnt. p. 1254. 2) or by their servant (i Sijaios). 

The Eloven usually only had to carry into 
execution the sentence passed in the courts of law 
and the public assemblies ; but in some instances 
they po>.<M'»M:d an rr/'uovla niKam-npiov. '1 hi* was 
the rase in those nummary proceedings called iira- 
7«yrfj, Itprtrynait, and <V5fi{ir, in which the penalty 
was fixed by law, and might be inflicted by the 
court on the confession or conviction of the accused 
without appealing to any of the jury courts. They 
also had an Trytfioy'ta Sikotttjpi'ou in the case of 
Kctxoopyoi, because the summitry proceedings men- 
tioned above were chiefly adopted in the case of such 
persons : hence Antiphon (de f'aede Herod, p. 713) 
calls them /irijwATjTai Tan KOKoiprywv. The 
word KOKovpryot properly iwans any kind of male- 
ikSUn, but is only applied in Athenian law to 
thieves (KA«Vrai), house-breakers (Toix«pox°' ). 
in.ui nUalem ( dfopoifoJuTToi), and other criminals 
id • similar kind. (Meier, All. /'roc. pp. 76, 77.) 



The Eleven are also said to have possessed rrye- 
fiovia SixacTTTjpi'oi) in the case of confiscated pro- 
perty (JStymoL Mart. p. 338. 35), which statement 
is confirmed by an inscription published by Bockh 
( Urkunden uber das Seexcesen des A ttisc/ten Slaates, 
p. 535). (Ullrich, Ueber die Elf Maimer, ap- 
pended to his translation of Plato's Meno, Crito, 
and the first and second Alcibiades, Berlin, 1821 ; 
Sluiter, Lcetioncs Andocid. pp. 256 — 261 ; Meier, 
Alt. Proc. pp. 68 — 77 ; Schubert, de Aedilibus, 
pp. 93 — 96 ; Hermann, Lehrb. der Griech. Maals. 
alterth. § 139.) 

HEPHAESTAEA. [Lampadephoria.] 
HERAEA ('Hpaia) is the name of festivals 
celebrated in honour of Hera in all the towns of 
Greece where the worship of this divinity was in- 
troduced. The original seat of her worship, from 
which it spread over the other parts of Greece, was 
Argos ; whence her festivals in other places were, 
more or less, imitations of those which were cele- 
brated at Argos. (Muller, Dor. ii. 10. § 1.) The 
Argivcs had three temples of Hera ; one lay be- 
tween Argos and Mycenae, 45 stadia from Argos ; 
the second lay on the road to the acropolis, and near 
it was the stadium in which the games and con- 
tests at the Heraea were held (Paus. fi. 24. § 2) ; 
the third was in the city itself (Paus. ii. 22. § 1). 
Her service was performed by the most distin- 
guished priestesses of the place ; one of them was 
the high-priestess, and the Argives counted their 
years by the date of her office. (Thucyd. ii. 2.) 
The Heraea of Argos were celebrated even- fifth 
year, and, according to the calculation of Bb'ckh 
(Abhandl. der Perl. Akad. von 1818-19, p. 92, 
&c.) in the middle of the second year of every 
Olympiad. One of the great solemnities which 
took place on the occasion, was a magnificent pro- 
cession to the great temple of Hera, between Argos 
and Mycenae. A vast number of young men — for 
the festival is called a panegyris — assembled at 
Argos, and marched in armour to the temple of the 
goddess. They were preceded by one hundred 
oxen (fKarSnSri, whence the festival is also called 
ixaTO/iScua). The high-priestess accompanied this 
procession, riding in a chariot drawn by two white 
oxen, as we see from the story of Cleobis and 
Biton related by Herodotus (i. 31) and Cicero 
( Tuscid. i. 47). The hundred oxen were sacrificed, 
and their flesh distributed among all the citizens. 
(Schol. ad Pind. OI vii. 152, and ad Xem. x. 39.) 
The sacrifice itself was railed \tx*P va (Hcsych. 
s. v.) or " the bed of twigs." (Comp. Wclcker 
on ScJtwenck's Eli/molof/isclie Andcutumjen, p. 268.) 
The games and contests of the Heraea took place in 
the stadium, near the temple on the road to the 
acropolis. A brazen shield was fixed in a place 
above the theatre, which was scarcely accessible to 
any one, and the young man who succeeded in 
pulling it down received the shield nnd a garland 
of myrtle as a prize. Hence Pindar (.Win. x. 
41) calls the contest dywv xoAxfos. It seems that 
this contest took place before the procession went 
out to the Hcracon, for Slrabo (viii. p. 556) states 
that the victor went with his prizes in solemn pro- 
cession to that temple. This contest was said to 
have been instituted, according to some traditions, 
by Acrisius and Pmetus (Aelian, V. H. iii. 24), 
according to others by Archinus. (Schol. tut Pind. 
OI. vii. 152.) 

The Heraea or Hecatomliaea of Acgina were 
celebrated in the same manner as those of Argos 



59 i 



HERES. 



HERES. 



(See Schol. ad Pind. Isthm. viii. 114; Miiller, 
Aeginet. p. 149.) 

The Heraea of Samos, which island also derived 
the worship of Hera from Argos (Paus. vii. 4. § 4), 
were perhaps the most brilliant of all the festivals of 
this divinity. A magnificent procession, consisting 
of maidens and married women in splendid attire, 
and with floating hair (Asius, ap. Athen. xii. p. 
525), together with men and youths in armour 
(Polyaen. Strat. i. 23, vi. 45), went to the temple 
of Hera. After they arrived within the sacred 
precincts, the men deposited their armour ; and 
prayers and vows were offered up to the goddess. 
Her altar consisted of the ashes of the victims 
which had been burnt to her. (Paus. v. 13. § 5.) 

The Heraea of Elis were celebrated every fifth 
year, or in the fourth year of every Olympiad. 
(Corsini, Dissert, iii. 30.) The festival was chiefly 
celebrated by maidens, and conducted by sixteen 
matrons who wove the sacred peplus for the goddess. 
But before the solemnities commenced, these ma- 
trons sacrificed a pig, and purified themselves in 
the well Piera. (Paus. v. 1G. § 5.) One of the 
principal solemnities was a race of the maidens in 
the stadium, for which purpose they were divided 
into three classes, according to their age. The 
youngest ran first and the oldest last. Their only 
dress on this occasion was a xi-ray, which came down 
to the knee, and their hair was floating. She who 
won the prize, received a garland of olive-boughs, 
together with a part of a cow which was sacrificed 
to Hera, and might dedicate her own painted like- 
ness in the temple of the goddess. The sixteen 
matrons were attended by as many female attend- 
ants, and performed two dances ; the one called 
the dance of Physcoa, the other the dance of Hip- 
podameia. Respecting further particulars, and the 
history of this solemnity, see Paus. v. 16. § 2, &c. 

Heraea were celebrated in various other places ; 
e. g. in Cos (Athen. xiv. p. 639, vi. p. 262), at 
Corinth (Eurip. Med. 1 379 ; Philostrat. Her. xix. 
14), at Athens (Plut. Quaest. Rom. vii. J 68), at 
Cnossus in Crete (Diod. v. 72), &c. [L. S.] 

HERE'DIT AS. [Hehes.] 

HERES. 1. Greek. The Athenian laws of 
inheritance are to be explained under this title. 
The subject may be divided into five parts, of 
which we shall speak : 1st, of personal capacity 
to inherit ; 2dly, of the rules of descent and suc- 
cession ; 3dly, of the power of devising ; 4thly, 
of the remedies of the heir for recovering his 
rights ; Sthly, of the obligations to which he suc- 
ceeded. 

I. Of Personal Capacity to Inherit. — To obtain 
the right of inheritance as well as citizenship 
(ayX'VTeia and 7roAiT6ia), legitimacy was a neces- 
sary qualification. Those children were legitimate 
who were born in lawful wedlock. (Dem. c. 
Neaer. p. 1386.) The validity of a marriage de- 
pended partly on the capacity of the contracting 
parties, partly on the nature of the contract. On 
the first point little needs to be noticed here, ex- 
cept that brother and sister by the same mother 
were forbidden to marry ; but consanguinity in 
general was so far from being deemed an objection, 
that marriage between collateral relations was en- 
couraged, in order to keep the property in the 
family. (Andoc. de Myst. § 119, e. Alcib. § 33, 
ed. Bekk. ; Lys. c. Ale. § 41, ed. Bekk. ; Dem. 
c. Leoeh. p. 1 083, c. Eubul. p. 1 305 ; Plut. Cimon, 
A, Themist. 32.) The contract was made by the 



husband with the father, brother, or other legal 
guardian (Kvpios) of the intended wife : then only 
was she properly betrothed {iyyv-qri]). An 
heiress, however, was assigned, or adjudged, to 
the next of kin ( tirih'iKuo'Qziaa) by process of law, 
as explained under Epiolerus. (Isaeus, de Cir. 
her. §26, de Philoet. Iter. § 19, ed. Bekk. ; Dem. 
pro Phorm. p. 954, c. Steph. p. 1134.) No cere- 
mony was necessary to ratify the contract : but it 
was usual to betroth the bride in the presence of 
witnesses, and to give a marriage feast, and invite 
the friends and relations, for the sake of publicity. 
(Isaeus, de Cir. her. § 18 ; Dem. c. Onet. p. 869, 
c. Eubul. pp. 1311, 1312.) A marriage without 
proper espousals was irregular ; but the issue lost 
their heritable rights only, not their franchise ; 
and the former, it seems, might be restored, if the 
members of their father's clan would consent to 
their being registered. (Isaeus, de Philoet. her. 
§§ 29 — 33.) As it was necessary for every man 
to be enrolled in his clan, in order to obtain his 
full civil rights, so was the registration the best evi- 
dence of legitimacy, and the (ppdropes and ffvyye- 
veis were usually called to prove it in courts of jus- 
tice. (Andoc. de Myst. § 127, ed. Bekk. ; Isaeus, 
de Cir. her. § 26, de Philoet. § 13 ; Dem. c. Eubul. 
p. 1305, &c.) For further particulars see Platner, 
Beiir'dge, p. 104, &c. ; Schbmann, Antiq. juris 
publici Graecorum, lib. v. §§ 19, 21, 88. 

II. Of the Rules of Descent and Succession. — 
Here we would premise, that, as the Athenian law 
made no difference in this respect between real and 
personal estate, the words heir, inherit, &c., will be 
applied indiscriminately to both. When an Athe- 
nian died leaving sons, they shared the inherit- 
ance, like our heirs in gavelkind, and as they now 
do in France (Isaeus, de Philoet. her. § 32) : a law 
no less favourable to that balance of property which 
Solon meant to establish, than the law of primo- 
geniture was suited to the military aristocracies 
created in the feudal times. The only advantage 
possessed by the eldest son was the first choice in 
the division. (Dem. pro Phorm. p. 947.) If there 
was but one son, he took the whole estate ; but if 
he had sisters, it was incumbent on him to provide 
for them, and give them suitable marriage portions ; 
they were then called iiriwpotiwi. (Harpocr. s. v. 
'EwiSnws.) There was no positive law, making it 
imperative on a brother to give his sister a portion 
of a certain amount ; but the moral obligation, to 
assign her a fortune corresponding to his own rank, 
was strengthened by custom and public opinion, 
insomuch that if she was given in marriage por- 
tionless, it was deemed a slur upon her character, 
and might even raise a doubt of her legitimacy. 
(Isaeus, de Pyrr. her. § 40 ; Lys. de Arist. bon. 
§ 16, ed. Bekk. ; Dem. c. Boeot. de dote, p. 1014.) 

On failure of sons and their issue, daughters 
and daughters' children succeeded (as to the law 
concerning heiresses, see Epiclerus) ; and there 
seems to have been no limit to the succession in 
the descending line. (Isaeus, de Cir. her. §§ 39 — 46, 
de Pyrr. her. § 59, de Philoet. §§ 38, 67 ; Dem. c. 
Macart. pp. 1057, 1058.) If the deceased left 
grandsons by different sons, it is clear that they 
would take the shares of their respective fathers. 
So if he had a granddaughter by one son, and a 
grandson by another, the latter would not exclude 
the former, as a brother would a sister, but both 
would share alike. Of this there is no direct evi- 
dence ; but it follows from a principle of Attic law, 



IIERES. 



HERES. 



595 



by which, on the birth of a son, his title to his 
father's inheritance, or to a share thereof, imme- 
diately accrued ; if then he died before his father, 
but leaving issue, they claimed their grandfather's 
inheritance as representing him. It was otherwise 
•with daughters. Their title did not thus accrue ; 
and therefore it was the practice for the son of an 
heiress to be adopted into his maternal grand- 
father's house, and to become his son in point of 
law. Further (as will presently be shown) the 
general preference of males to females did not com- 
mence till the deceased's father's descendants were 
exhausted. 

On failure of lineal descendants the collateral 
branches were resorted to. And first came the 
issue of the same father with the deceased ; viz. 
brothers and brothers' children, the children of a 
deceased brother taking the share of their father 
(Isaeus, de Huijn. her. §§1,2; Dem. c. Macart. 
p. 1067, c.Leoch. p. 10(13) ; and after them, sisters 
and sisters' children, among whom the principle 
of representation also prevailed (Isaeus, de ApolL 
her. § 23) ; but whether sisters' children took per 
stirpes or per capita, does not appear. 

Next come the descendants of the same grand- 
father with the deceased ; cousins and cousins' 
children. Here the law declared, that males and 
the issue of males should be preferred to females 
and their issue. (Isaeus, de Hayn. her. §§ 1, 2 ; 
Dem. c. Macart. p. 1067.) Thus, the son of an 
uncle would exclude the son of an aunt, while the 
eon of an aunt would exclude the daughter of an 
uncle. On the same principle Isaeus (de Apoll. 
her. §§ 25, 26) contends that the son of a female first 
cousin prevented his mother's sister from inherit- 
ing, although he wag further removed from the de- 
ceased (yiva anurripu) by one degree. This pre- 
ference, however, was confined to those who were 
descended from the same common ancestor, that is 
to say, from the grandfather of the deceased ; for 
the words Ik twi> airrwv in Demosthenes arc to be 
explained by the rpirif yivti of Isaeus. Therefore 
a first cousin once removed, claiming through a 
female, had a better title than a second cousin 
claiming through males ; for a second cousin is de- 
scended not from the grandfather, but only from 
the great-grandfather of the deceased, and so is 
beyond the legal degrees of succession (?{a> rfji 
ayyivrtlas or avyytvdas). On this, Eubulidcs 
founds his pretension to the estate of ilagnias ; be- 
cause he claims as representative (son by adoption) 
of his maternal grandfather, who was first cousin 
to Ilagnias ; whereas the father of his opponent, 
Macnrtatus, was second cousin to Ilagnias, and (as 
Demosthenes expresses it) was not in the same 
branch of the family (ouk {k tov oikou too 'A7W011, 
<■■ ttaeart. p. 1070). 

On failure of first cousins and their issue, the in- 
heritance went to the half-blood by the mother's 
aide ; brothers and sisters, nephews and nieces, 
cousins anil their children, as before. Hut if there 
were no maternal kinsmen within the legal degree, 
it returned to the agnali, or next of kin on the pa- 
ternal side (tous irp&f jraTpcjf), whose proximity 
was traced by counting the degrees from the com- 
mon ancestor. (Isaeus, de Hayn. her. §§ 1 — 111 ; 
Dem. r. Macart. p. 1067.) 

The succession of parents to their children is 
matter of dispute among the learned. From the 
sili in e of the orators, the nbsenro of any example, 
and the express declaration of Isneus (de Hagn. 



her. § 26) respecting the mother, it may be inferred 
that parents could not inherit at Athens. At 
Athens the maxim, hereditas nunquam ascendit, 
held only of lineal, not of collateral ascent. For 
example, an uncle might inherit. (Isaeus, de Cleon. 
her. § 55.) So also he might marry the heiress, as 
next of kin. (De J'yrr. her. § 90.) On this part 
of the subject the reader is referred to Bunsen, de 
jurehered. A then. ; SirWilliam Jones's Commentary 
annexed to the translation of Isaeus ; and a short 
summary of the law by Schomann, A nt. j. p. Or. 
lib. v. § 20. These and other writers are not agreed 
on many of the foregoing points, which are left in 
much obscurity, owing to the mutilated state in 
which the laws have reached us, and the artifices 
used by the orators to misrepresent the truth. 

It will assist the student to be informed, that 
avetyws signifies a first cousin. 'Ayci^iaSoOr is a first 
cousin's son ; formed in the same manner as otSeA- 
(piSous from a5t\<pos, and diryarpibovs from dvya- 
rrip. Thus, my first cousin's son is avepiaSovs to 
me ; but not conversely. Again, though it is true 
that two or more second cousins may be spoken of 
collectively as ave^taSoi (Dem. c. Steph. p. 1117), 
yet one of them cannot be said to be avetyiaSovs to 
another. Herein consists the fallacy of those who 
maintain that second cousins came within the legal 
degrees of succession. 

KArjpor is the subject-matter of inheritance, or 
(in one sense of the word) the inheritance ; K\-npo- 
vouos the heir. 'A7xi<rT«ia, proximity of blood in 
reference to succession, and sometimes right of suc- 
cession. Zvyytvaa, natural consanguinity. 2vy- 
yeveh, collateral relations, are opposed to Znyovoi, 
lineal descendants. 

III. Of the power of Devising. — That the owner 
had power to alienate his property during his life- 
time, and that such alienation was valid in point 
of law, both as against the heir and all fee rest of 
the world, is beyond a doubt. There was, however, 
an ancient law which punished with degradation 
(ari/i/a) a man who had wasted his patrimony (ra 
narpifa kot«S7)5o/ccuj). He was considered an 
offender against the state, because he disabled him- 
self from contributing to the public service. Pro- 
secutions for such an offence were rare ; but the re- 
putation of a spcndthrilt was always prejudicial to 
a man in a court of justice. (Diog. Lacrt. Solon, 
55 ; Aeschin. c. TimarcJi. §§ 97 — 105, 154, ed. 
Bckk.) 

Ever) - man of full age and sound mind, not under 
durance or improper influence, was competent to 
make a will ; but if he had a son, he could not 
disinherit him ; although his will might take effect 
on the contingency of the son not completing his 
seventeenth year. (Isaeus, de Arist. her. § 14, de 
J'hi/oct. § 10 ; Dem. c. Steph. pp. 1138, 1 136.) The 
bulk of the estate being left to the son, legacies 
might be given to friends and relations, espe- 
cially to those who performed the office of our exe- 
cutor or testamentary guardian. (Dem. A ApluJi. 
pp. Ill 4, 1127.) And in the division of property 
among sons, the recommendations of the father 
would be attended to. (Dem. r. Maearl. p. 1055, 
pro Phono, p. 955.) Also a provision, not ex- 
ceeding a thousand drachmas, might be assigned to 
an illegitimate child. (Hnrpocr. t. v. NoOna.) 

A daughter could not be disinherited, though 
the e»late might be dowsed to any |*r»on on con- 
dition of his marrying her. (Isaeus, de Pyrr. her. 
§3 U2-U4.) 

« <4 2 



596 



HERES. 



HERES. 



It was only when a man had no issue that he 
was at full liberty to appoint an heir. His house 
and heritage were then considered desolate (ep-qfios 
Ka\ avwvvfios), a great misfortune in the eyes of 
an Athenian ; for every head of a family was 
anxious to transmit his name and religious usages 
to posterity. The same feeling prevailed among 
the Greeks in more ancient times. We learn from 
Hesychius and the Etymol. Mag. that distant re- 
lations were called xW a!TTa '-> because, when they 
inherited, the house was XOP^^" Ka ^ eprifios. (See 
Horn. 77. v. 158 ; Hes. Theog. 607.) To obviate 
this misfortune, an Athenian had two courses open 
to him. Either he might bequeath his property 
by will, or he might adopt a son in his lifetime. 
[Adoptio, Greek.] 

Wills were in writing, and usually had one or 
more attesting witnesses, whose names were super- 
scribed, but who did not know the contents. They 
were often deposited with friends, or other trust- 
worthy persons, such as a magistrate. It was con- 
sidered a badge of fraud if they were made secretly 
or in the presence of strangers. (Isaeus, de Philoct. 
her. § 8, de Astyph. her. §§ 8 — 17 ; Dem. c. Steph. 
p. 1137.) A will was ambulatory until the death 
of the maker, and might be revoked wholly or par- 
tially, by a new one. It seems also that there 
might be a parol revocation. (Isaeus, de Philoct. 
her. § 40, de Cleon. her. § 32.) The client of Isaeus, 
in the last-cited cause, contends, that the testator 
sent for the depositary of his will, with an inten- 
tion to cancel it, but died before he got it into his 
possession ; this (he says) was a virtual revocation. 
He calls witnesses to prove the testator's affection 
for himself and dislike of his opponents, and thence 
infers that the will was unnatural, and a proof of 
insanity. Similar arguments were often used. 
(Isaeus, de Nicost. her. % 23, de Astyph. her. § 21.) 

With respect to the proceeding by which a 
father publicly renounced his paternal authority 
over his son, see Apokekuxis. Plato {Leg. xi. 
9. p. 928) refers to it, and recommends that a 
father should not take such a step alone, but in 
conjunction with the other members of the family. 
At Athens the paternal authority ceased altogether 
after the son had completed his nineteenth year ; 
he was then considered to belong less to his father 
than to the state, (Valckenaer, ad Ammonium, 
s. v. 'AiroKTipvKTos : Meier, de Bonis Damn. p. 
26.) 

IV. Of the Remedies of the Heir for Recovering 
his Rights. — A son or other male descendant might 
enter and take possession of the estate immediately 
after the owner's death. (Isaeus, de Pyrr. her. 
§ 72, de Cir. Iter. § 47.) If he was prevented from 
so doing, he might bring an action of ejectment 
against the intruder. [Embateia.] Anyone who 
disturbed a minor in the enjoyment of his patrimony 
was liable to a criminal prosecution (Kaicciffecos 
daayyeKia, Isaeus, de Pyrr. her. § 76). As to 
the proceedings in case of heiress, see Epiclerus. 

Other heirs at law and claimants by adoption or 
devise were not at liberty to enter, until the estate 
was formally adjudged to them. The proper course 
was, to make application to the archon, who attended 
at his office for that purpose every month in the year 
except the last (Scirophorion). The party who 
applied was regarded as a suitor, and (on obtaining 
a hearing) was said Xayxdveiu T0 " "A^pou. (Isaeus, 
de Hagn. her. §§ 22, 40, de Pyrr. her. § 74, de 
Astyph. her. § 4 ; Dem. c. Steph. p. 1136.) 



At the first regular assembly (xvpia e/cKA7j<ri'a), 
held after he had received notice, the archon caused 
proclamation to be made, that such a person had 
died without issue, and that such and such persons 
claimed to be his heirs. The herald then asked 

tk afMpioSriTe'iv $ irapaKaragdAAeiv /3ouAerai 
rod K\y]pov ; these words are variously interpreted. 
Perhaps the best explanation is this : — 'A/tapio-- 
6r)Te?v is a term of general import, applied to all 
who dispute the title of another, and would in- 
clude those who claimed a moiety or other share 
of the estate. UapaKaraSdWeiv signifies to make 
a deposit by way of security for costs, which was 
required of those who maintained their exclusive 
title to the whole inheritance. Perhaps, however, 
the payment in this case was optional, and might 
be intended for the mere purpose of compelling the 
other parties to do the same. The deposit thus 
paid was a tenth part of the value of the property 
in dispute, and was returned to the party if suc- 
cessful. (Pollux, viii. 32, 95 ; Isaeus de Nicost. 
her. § 1 3, de Hagn. her. § 20 ; Dem. c. Macart. 
p. 1051, c. Leoch. pp. 1090—1093.) 

If no other claimant appeared the archon ad- 
judged the estate to the first suitor (£irzb"ncao-ei> 
atiT<f rbv KXrtpov). If, however, there were ad- 
verse claims, he proceeded to prepare the cause for 
trial (SiaSiKaala). First came the avaKpiais, in 
the usual way, except that no party was considered 
as plaintiff or defendant ; and the bills in which 
they set forth their respective titles, were called 
avTiypcxpai. (Harpocr. s. v. ; Dem. e. Olymp. pp. 
1173, 1175.) The dicasts were then to be sum- 
moned, and, whatever the number of parties, one 
court was held for the decision of all their claims. 
If any one neglected to attend on the appointed 
day, and had no good excuse to offer, his claim was 
struck out of the record (8ieypd<pT] r\ ap.(pto r € < fiTT]o'is), 
and the contest was carried on between the remain- 
ing parties, or, if but one, the estate was awarded 
to him. (Dem. c. Olymp. p. 1174.) The trial was 
thus managed. The dicasts had to give their 
verdict either for one person proving a title to the 
whole, or for several persons coming in under the 
same title, as (for instance) two brothers entitled 
each to a moiety. One ballotting box therefore 
was provided for every party who appeared in a 
distinct interest. The speeches were measured by 
the clepsydra. Each party had an b.)x<pop£vs of 
water for his first speech, and half that, or three 
Xoeis for the second. (Isaeus, de Hagn. her. § 30, 
&c. ; Dem. c. Macart. p. 1052.) That these ar- 
rangements gave rise to fraud and collusion, is 
clearly shown in the cases above cited. 

The verdict, if fairly obtained, was final against 
the parties to the cause. But any other person, 
who by absence or unavoidable accident was pre- 
vented from being a party, might afterwards bring 
an action against the successful candidate, to re- 
cover the estate. He was then obliged to pay his 
deposit (TrapaicaTaSoK-q), summon the defendant, 
and proceed in other respects as in an ordinary 
suit. This he might do at any time during the 
life of the person in possession, and within five 
years after his death. (Isaeus, de Pyrr. Iter. § 70 j 
Dem. c. Olymp. p. 1175, c. Macart. p. 1054.) 

It has hitherto been supposed that a simple issue 
was raised between the litigant parties, viz. who was 
entitled to possess the estate ; and that they pro-t 
ceeded at once to the trial of such issue. This was 
called evdvSiKia elaieucu. The cause, however, 



HERES. 



HERES. 



597 



might become more complicated, if one of the 
parties chose to make exception to the right of any 
other to dispute his title : this was done by tender- 
ing an affidavit (Stafiaprvpia) sworn either by him- 
self or by another, wherein he declared that the 
estate was not the subject of litigation (p.r) hflSiKOs), 
and alleged some matter of fact or law to support 
his assertion. Sons, adopted sons, and persons in 
legal possession, were allowed this advantage. 
For example, a witness might depose that the last 
occupier had left male issue surviving him, and 
therefore the property could not be claimed by any 
collateral relative or devisee : or that the title had 
already been legally determined, and that the new 
claimants were not at liberty to reopen the ques- 
tion. This had the effect of a dilatory plea, and 
stayed further proceedings in the cause. ( Isaeus, 
deDicaetx). her. § 30, de Apoll. § 3, de Philoct. §§ 4, 
52, de Pyrr. § 3 ; Dem. c. Leoch. p. 1097.) If 
then the suitor was resolved to prosecute his claim, 
he had no other course but to procure a conviction 
of the witness (who had sworn the affidavit) in an 
action for false testimony (8i'k7j \\ifvSonaprvpiuv). 
Examples of such actions are the causes in which 
Demosthenes was engaged against Leochare3, and 
Isaeus for the estate of Philoctemon. On the trial 
of the witness the questions were, first, the truth 
of the facts deposed to ; secondly, their legal effect, 
if true. With respect to the witness, the conse- 
quences were the same as in any other action for 
false testimony. [MaRTYRIa.] AVith respect to 
the original cause nothing further was determined, 
than that it could or could not be entertained ; the 
Sia^aprvpia in this particular resembling the napa- 
ypcufyfl. If the court decided that the suit could 
be entertained, the parties proceeded to trial in the 
manner before explained. 

As to the further remedies to be pursued by the 
successful party, in order to obtain the fruits of his 
judgment, sec Emiiatkia and Exoules Dike. 
And on this part of the subject sec Meier, Alt. J'roe. 
pp. 459, 6 1 G, 638 ; Plainer, A It. Proc. vol. i. p. 1 G3, 
vol. ii. p. 309. 

V. Of tlx Obligations to which the Heir succeeded. 
— The first duty of an heir, as with us of an exe- 
cutor, was, to bury the dead and perform the cus- 
tomary funeral rites (t& voiu&ntva irouiv). It is 
well known what importance was attached to this 
by the ancients. The Athenian law regulated the 
time of burial, and the order in which the female 
relations should attend. If no money was left to 
pay the expenses of burial, still the nearest rela- 
tives were bound to defray them ; and if they 
neglected to perform their duty, the chief magis- 
trate (Siinapxos) of the demus, in which the death 
took place, after warning them by public notice 
(avaipuv xcd HdnTeiy, Kal KaOaiptiv rbv Sri/wy), 
got the work done by contract, paid for it himself, 
and was then empowered to sue them for double 
the amount. When a rich man died, there was 
no backwardness about his funeral. It is rather 
amusing to see how eagerly the relations hastened 
to show respect to his memory, as if to raise a pre- 
sumption of their being the heirs. (Isaeus, de 
A *!>„,/,. her. § 40, de dr. her. §§ 29—33, de Ni- 
cofi her. 9, 25 ; l>. m. e. .Unmet, pp. 1 01,9, 
1071.) 

Children, who neglected to bury their parents, 
WO! liable to a criminal prosecution (ypcupv kukw- 
trtat yoyimy), just as they were for refusing to 
support or assist them in their lifetime. The word 



yoveis in this case includes all ancestors. (Meier, 
de Bon. Damn. p. 126.) 

Among heritable obligations may be reckoned 
that of marrying a poor heiress (Sriaoa), or giving 
her in marriage with a suitable portion. (See 
Epiclerus, and Meurs. Them. Att. i. 13.) 

That the heir was bound to pay the debts of the 
deceased, as far as the assets would extend, cannot 
be doubted. Five years seem to have been the 
period for the limitation of actions against him 
(Trpofleoyiia). In case of a mortgage, he was en- 
titled only to the surplus of the mortgaged property, 
remaining after payment of the debt charged 
thereon. (Lys. de Bon. Pull. §§ 4, 5 ; Isaeus, 
de Arist. her. § 23; Demosth. c. Calipp. p. 1240, 
c. S),ud. p. 1 030, c. Xuusim. pp. 988, 989.) 

State debtors, such as farmers of the public re- 
venue who had made default, or persons con- 
demned to pay a fine or penalty, were disfran- 
chised (Sn/ioi) until they had settled the debt ; 
and the disgrace extended to their posterity. Thus 
Cimon, son of Miltiades, was compelled to pay a 
fine of fifty talents which had been imposed on his 
father ; and the story is, that Callias advanced 
him the money, in return for the hand of his sister 
Elpinice. (Dem. c. Androt. p. 603, c. Theoc. 
pp. 1322, 1327, c. Aphob. p. 836, pro Cor. p. 329, 
c. Mucurt. p. 1069.) When the whole of a man's 
property was confiscated, of course nothing could 
descend to his heir. It seems to have been a com- 
mon practice, in such a case, for the relations of 
the deceased to conceal his effects, or to lay claim 
to them by pretended mortgages. Against these 
frauds there were severe penalties, as may be seen 
from the speeches of Lysias, c. Philocr. and de bon. 
Arist. (Meier, de Bun. Damn. p. 212.) 

The posterity of those who were put to death 
by the people, or were convicted of certain in- 
famous crimes, such as theft, inherited the arifila 
of their ancestors, a damnosa hercditas, which they 
could not decline or escape from. It may be com- 
pared to the corruption of blood following upon 
attainder in the feudal law. The legislator seems 
to have thought that such children must be the 
natural enemies of their country, and ought to be 
disarmed of all power to do mischief. We cannot 
wonder .it this, when we consider, that with re- 
spect to private feuds, it was deemed honourable 
and meritorious in the child to preserve the enmity 
of the father ; and we find public prosecutors (as 
in the opening of the speech of Lysias against 
At'omtus, of Demosthenes against Theocrines), 
telling the dicasts, that they had been induced to 
come forward by a desire to avenge the wrongs of 
their family. In the same spirit the Athenian law 
required, that men, guilty of unintentional homi- 
cide, should remain in exile, until they had ap- 
peased the nearest relatives of the deceased, to 
whom it more especially belonged to resent and 
forgive the injury. (Dem. c. Mid. p. 551, c. 
Aristae, pp. 640, 643, c. Arising, p. 790, c. Ma- 
cart, p. 1069 ; Meier, de Bon. Damn. pp. 1 06, 
136.) 

Isaeus tells us, that parents, who apprehended 
their own insolvency, used to get their children 
adopted into other families, that they might escape 
the ( niiHe<|iienees. (De . | rift. I" r. § 24.) This how- 
ever could not be done, after the- infamy hud once 
attac hed. (Meier, de llmi. Damn. p. 136 ; Aesch. 
c. Cte$. <i 21, ed. ttckk.) 

Wc find no mention of property escheating to 
<i d 3 



598 HERES. 
the state of Athens for want of heirs. This pro- 
bably arose from a principle of Athenian law, ac- 
cording to which no civic family was suffered to 
expire ; and therefore the property of an intestate 
was always assigned to such person as was most 
fit to be his successor and representative. With 
aliens, and those illegitimate children who were 
regarded as aliens, it was no doubt otherwise. 
(Meier, de Bon. Damn. p. 148.) [C. R. K.] 

2. Roman. When a man died, a certain 
person or certain persons succeeded to all his 
property, under the name of heres or heredes : 
this was a universal succession, the whole property 
being considered a universitas. [Universitas]. 
Such a succession comprehended all the rights and 
liabilities of the person deceased, and was ex- 
pressed by the term Hereditas. The word here- 
ditas is accordingly defined to be a succession to 
all the rights of the deceased (Dig. SO. tit. 16. 
s. 24.) ; and sometimes it is used to express the 
property which is the object of the succession. 
The term pecunia is sometimes used to express the 
whole property of a testator or intestate (Cic. de 
Invent, ii. 21 ; Gaius, ii. 104) ; but it only ex- 
presses it as property, and therefore the definition of 
hereditas by pecunia would be incomplete. Cicero 
(Top. b') completes the definition thus : — " Plere- 
ditas est pecunia quae morte alicujus ad quempiam 
pervenit jure, nec ea aut legata testamento aut 
possessione retenta." The negative part of the 
definition excludes legacies, and property of the de- 
ceased, the ownership of which is acquired by a suf- 
ficient possession of it. The word "jure" excludes 
the " bonorum possessio," in opposition to which 
the hereditas is appropriately called " justa." The 
/teres was the person who acquired all that had be- 
longed to another, morte and jure ; the etymolo- 
gical relation of the word to hems seems probable. 

A person might become a heres by being named 
as such (instituius, scriptus, /actus) in a will, exe- 
cuted by a competent person, according to the forms 
required, by law [TestamentumJ. If a person 
died intestate (intcstatus), or having made a will 
which was not valid, the inheritance came to those 
to whom the law gave it in such cases, and was 
called hereditas legitima or ab intestato. But a 
man could not die testate as to part of his property 
and intestate as to another part, except he were a 
soldier (cujus sola voluntas in testando spectatur). 
Accordingly, if a man gave a part of the hereditas 
to one heres or more, and did not dispose of the 
rest, the heres or heredes took the whole. (Inst, 
ii. tit. 14. § 5 ; Cic. de Invent, ii. 21 ; Vangerow, 
Paridelcten, &c. vol. ii. p. 5.) 

In order that a testamentary succession should 
take place, the person dying must have such rights 
as are capable of being transmitted to another ; 
consequently neither a slave, nor a filius-familias, 
according to the old Roman law, could make a 
heres. Also, the person who is made heres must 
have a legal capacity to be heres. 

The institution of a heres was that formality 
which could not be dispensed with in a will. If 
the testator named no heres or heredes, and com- 
plied with all the other legal forms, still his dispo- 
sition of his property was not a will. The heres 
called heres directus, or simply heres, represented 
the testator, and was thus opposed to the heres 
fideicommissarius. [Fideicommissum.] The tes- 
tator might either name one person as heres, or 
he might name several heredes (cohercdcs), and he 



HERES. 

might divide the hereditas among them as he 
pleased. The shares of the heredes were generally 
expressed by reference to the divisions of the As : 
thus, " heres ex asse " is heres to the whole pro- 
perty ; " heres ex dodrante," heres to three- 
fourths ; heres "ex semuncia," heir to one twenty- 
fourth. (Cic. ad Att. xiii. 48, vii. 8 ; Cic. Pro 
Caecina, 6 ; Inst. 2. tit. 14. § 5.) If there were 
several heredes named, without any definite shares 
being given to them, the property belonged to 
them in equal shares. A heres might be insti- 
tuted either unconditionally (pure), or conditionally 
(sub conditione). 

If the testator had a legal capacity to dispose, 
and if his will was made in due form, the first in- 
quiry as to the heres was, whether he had a legal 
capacity to take what was given to him. He must 
have this capacity at the time of the institution, or 
the institution is null ; and in order to take he 
must have the capacity to take (Inst. 2. tit. 19. 
§ 4), at the time of the testator's death, and at 
the time of accepting the inheritance. This capacity 
might be expressed by the word " testamenti- 
factio," an expression which had reference not 
only to the legal capacity of the testator, but also 
to the legal capacity of the person named heres. 
As a general rule, only Roman citizens could be 
named as heredes in the will of a Roman citizen ; 
but a slave could also be named heres, though he 
had no power to make a will, and a filius-familias 
could also be named heres, though he was under 
the same incapacity ; for the slave, if he belonged 
to the testator, could, By his master's testament, 
receive his freedom and become heres ; and if he 
belonged to another, he took the inheritance for 
the benefit of his master: the filius-familias in like 
manner acquired it for his father. Persons, not 
Roman citizens, who had received the commercium, 
could take hereditates, legata and fideicommissa 
by testament. (Cic. pro Caecin. 7, 32 ; Savigny, 
Zeitschrift, vol. v. p. 229, System, &c. vol. ii. p. 27.) 

Heredes were either Necessarii, Sui et Neces- 
sarii, or Extranei. The heres necessarius was a 
slave of the testator, who was made a heres and 
liber at the same time ; and he was called neces- 
sarius, because of the necessity that he was under 
of accepting the hereditas. A slave was sometimes 
appointed heres, if the testator thought that he was 
not solvent, for the purpose of evading the ignomi- 
nia which was a consequence of a person's pro- 
perty being sold to pay his debts, as explained by 
Gaius (ii. 154, &c.). The heredes sui et necessarii 
were sons and daughters, and the sons and daugh- 
ters of a son, who were in the power of a testator ; 
but a grandson or granddaughter could not be a 
suus heres, unless the testator's son had ceased to 
be a suus heres in the testator's lifetime, either by 
death or being released from his power. These 
heredes sui were called necessarii, because of the 
necessity that they were under, according to the 
civil law, of taking the hereditas with its incum- 
brances. But the praetor permitted such persons to 
refuse the hereditas (abstinere se ab hereditate), 
and to allow the property to be sold to pay the 
testator's debts (an instance is mentioned by Cic. 
Phil. ii. 16) ; and he gave the same privilege to a 
mancipated son (qui in causa mancipii est). All 
other heredes are called extranei, and comprehend 
all persons who are not in the power of a testator, 
such as emancipated children. As a mother had 
no potestas over her children, they were extranei 



HERES. 



HERES. 



593 



heredes when named heredes in her will. Extranei 
heredes had the potestas or jus deliberandi (Dij. 
28. tit. 8. s. 1), or privilege of considering whe- 
ther they would accept the hereditas or not : but 
if either extranei heredes, or those who had the 
abstinendi potestas, meddled with the testator's 
property, they could not afterwards disclaim the 
inheritance, unless the person who had so meddled 
was under twenty-five years of age, and so be- 
longed to a class who were relieved by the praetor 
in all cases where they were overreached [Cura- 
tor], and also in cases where they had accepted 
an insolvent hereditas (damnosa hereditas). The 
emperor Hadrian gave this relief to a person 
above twenty-five years of age who had accepted 
an hereditas, and afterwards discovered that it was 
incumbered with a heavy debt. (Gaius, ii. 1G3.) 

A certain time was allowed to extranei for the 
cretio /tereditatis, that is, for them to determine 
whether they would take the hereditas or not : 
h -nce the phrase "cernerc hereditatom." (Cic 
ad Att. xi. 12.) Thus, if the testator had written 
in his will " Heres Titius csto," he ought to add, 
w Cemitoque in centum diehus proxumis quibus 
scies poterisque : quod ni ita creveris exheres esto." 
(Gaius, ii. 165 ; Cic. de Oral. i. 22.) If the cx- 
trancus wished to take the hereditas, he was re- 
quired to make a formal declaration of his intention 
within the time named (intra diem cretionis). The 
formal words of crction were "earn hercditatcm 
adeo ccmoquc." Unless he did this, he lost the 
hereditas, and he could not obtain it merely by 
acting as heres ( pro herede gerendo). I f a person 
was named heres without any time of crction being 
fixed, or if he succeeded (legitimo jure) to the 
property of an intestate, he might become heres 
without any formal declaration of his intention, 
and might take possession of the hereditas when 
he pleased : but tin- praetor was aeeu-tumed, i:j«>:i 
the demand of the creditors of the testator or in- 
testate, to name a time within which the heres 
should take possession, and in default of his doing 
so, he gave the creditors permission to sell the 
property. The common form of crction in the will 
(vulgaris cretio) has been already mentioned. 
Sometimes the words " quibus scict poteritquc " 
were omitted, and it was then specially called 
"cretio certorum diemm," which was the more 
disadvantageous to the heres, as the days began to 
be reckoned, or, as we say, the time began to run 
immediately, and it was not reckoned from the 
time when the heres knew that he was named 
U9M) and had no impediment to his crction. 

It was not unusual to make several dctrrccs of 
heredes in a will, which was called sultslitutio. 
(Inst. 2. tit. 15.) Thus in the formula beginning 

Here! Titius," &c, after the words " exheres 
csto," the testator might add, " Turn Maevius 
heres esto ccrnitoquc in diebus centum," Acc. ; and 
he might go on substituting as far as he pleased. 
The person first named as heres (primn gradu) 
liecnme hi res by the net of crction ; and the 
suhstitiitus (imindus heres, Cic. Top. 10 ; II or. 
.W. ii 5. 48 ; Tacit. Ann. i. B) was then entirely 
excluded. If the words "si non creveris" were 
not followed by words of exheredation, this gave 
some advantage to the first heres : for instance, if 
he neglected the formality of rretion, and only acted 
a< le res, hi' did not lose all, but shared the hereilitas 
equally with the substituted person. This was the 
old rule j but a constitution of M. Antoninus made 



the acting as heres equivalent to cretion, provided 
such acting took place within the time of cretion. 
(Compare Gaius, ii. 177, Ace, with Ulpian, Frag. 
xxii. 34.) 

In the case of liberi impuberes, who were in the 
power of a testator, there might be not onlv the 
kind of substitution just mentioned (vulgaris sub- 
stitutio), but the testator might declare that if such 
children should live to become his heredes, and 
should die impuberes, some other person, whom he 
named, should be his heres. This was expressed 
thus, " si prius moriatur quam in suam tutelam 
venerit" (Cic.de/ntMirf.iL42, Top. 10; Gaius, 
ii. 179), for the termination of impuberty and of 
the tutela were coincident. [Curator.] Thus, 
as Gaius remarks, one testamentary disposition 
comprised two hereditates. This was called pupil- 
laris substitutio. (Inst 2. tit. 16.) This kind of 
substitution was contained in a clause by itself, and 
in a separate part of the will, which was secured 
by the testator's own thread and seal, with a pro- 
vision in the first part of the will that this second 
part should not be opened so long as the son lived 
and was impube^. A substitution could also be 
made in the case of children being e.xhcredatcd 
(disinherited) by the parent's will, and the sub- 
stituted person then took all that the pupillus ac- 
quired by hereditas, legatum (legacy) or gift. 
Gaius observes (ii. 183) that all his remarks with 
reference to substitution for children impuberes, 
when made heredes or cxheredated, apply to post- 
humous (postumi) children, of which there is an 
example cited by Cicero (Top. 10. Si films natus 
csset in decern mensibus, &c). 

If an cxtraneus was made heres, there could be 
no substitution to the effect, that if he died within 
a certain time, another person should be heres : for 
though a testator could attach a condition to be 
performed before a person could take the hereditas, 
a person when he had once become heres continued 
such. The case of a pupillaris substitutio, which 
was an exception to this general rule, was probably 
founded on the patria potestas. The heres might, 
however, be charged with a fideicommissum, in 
which case he was heres fiduciarius. [Fideicom- 

MISSL'M.] 

As to conditions which the heres was bound to 
perform, they might be any that were not contrary 
to positive law or positive morality ; such as the 
setting up of statues, &c. (Cic. J'crr. ii. 8, !t, 14), 
or changing the name (ad Att. vii. 8). Impos- 
sible conditions were treated as if there were no 
conditions mentioned (pro non scripto, Inst.- 2. tit. 
14. s. 10). 

If a man's own slave was made heres by his 
will, it was necessary that he should be made free 
also by the will : the words were " Stichus ser- 
vos mens liber hiTesquo esto." If tin- slave were 
not made free by the testament, he lould not take 
under it, even if he were manumitted by his 
master, and of course he could not if he were sold ; 
and the reason is, that the institution was not 
valid. If he was instituted free as well as heres, 
he became both a freeman and heres necessarius by 
the death of his master: if lie was manumitted by 
his master in his lifetime, he might accept the in- 
heritance or refuse it. If he was sold by his mas- 
ter in his lifetime, be could take possession of tin, 
inheritance with the permission of his new masti r, 
who thus became ben s through the medium of his 
| slave. If the slave who was made heres was at 
(Id ) 



600 



HERES. 



HERES. 



that time the property of another person, and not 
of the testator, he could not take the inheritance 
without the consent of his master, for if he took it 
his master became heres : if such slave was manu- 
mitted before taking possession of the inheritance, 
he might accept it or refuse it as he pleased. 

If an Ingenuus died intestate, either from not 
having made a will, or having made a will but not 
in due form, or having made a will in due form 
which afterwards became invalid (ruptum, irritum), 
or if there was no heres under the will, the here- 
ditas, according to the law of the Twelve Tables, 
came to the heredes sui, and was then called le- 
gitima hereditas. (Gaius, iii. 2.) The heredes sui 
were " libcri " in the power of the testator at the 
time of his death ; the term liberi comprehended 
not only children, but the children of the testator's 
male children, and the children of a son's son. 
Adopted children were considered the same as 
other children. But grandchildren could not be 
heredes sui, unless their father had ceased to be 
in the power of the intestate, either by death or in 
any other way, as by emancipation. A wife in 
manu being considered as a daughter, and a 
daughter-in-law (nurus) in manu filii being con- 
sidered a granddaughter, were sui heredes ; but 
the latter only when her husband was not in the 
power of the intestate at the time of his death. 
Posthumous children, who would have been in the 
power of the intestate if he were living, were also 
sui heredes. The sui heredes took the hereditas 
in equal shares. If there was a son or daughter, 
and children of a son deceased, the children of the 
deceased son took the portion which their parent 
would have taken. But the distribution was in 
stirpes, that is, among the stocks or stems sprung 
from the ancestor, and not in capita, or among the 
individuals : thus, if there were a son, and the sons 
of a deceased son, the son would take half of the 
hereditas, and the sons of the deceased son would 
take the other half, in equal shares. 

If an intestate had no sui heredes, the Twelve 
Tables gave the hereditas to the agnati. (Gaius, 
iii. 9.) It is stated under Cognati, who are agnati. 
The hereditas did not belong to all the agnati, but 
only to those who were nearest at the time when 
it was ascertained that a person had died intestate. 
If the nearest agnatus either neglected to take the 
inheritance or died before he had taken possession 
of it, in neither case did the next in succession, as 
agnatus, take the inheritance. He was the nearest 
agnatus who was nearest at the time when it was 
ascertained that a person had died intestate, and 
not he who was nearest at the time of the death ; 
the reason of which appears to be that the heredi- 
tas was in a sense the property of the intestate 
until his heir was ascertained, and his heir could 
not be ascertained until it was certain that he had 
left no will ; and as Gaius observes, if he had left 
a will, still it might happen that no person would 
be heres under that will ; and accordingly it seemed 
better, as he observes, to look out for the nearest 
agnatus at the time when it is ascertained that 
there is no heres under the will. If there were 
several agnati in the same degree, and any one 
refused to take his share or died before he had 
assented to take it, such share accrued (adcrevit) 
to those who consented to take the hereditas. 

In the case of women, there were some peculi- 
arities which arose from their legal condition 
(Gaius, iii. 14). The hereditates of women intes- 



tate came to their agnati just as the inheritances 
of males ; but women who were beyond the degree 
of consanguinei (a term which legally means bro- 
thers and sisters) could not take hereditates ab 
intestato. Thus, a sister might take from a brother 
or sister as legitima heres ; but an aunt or a 
brother's daughter could not be a legitima heres. 
The principle of Roman law which gave to those 
who came into the potestas or manus the quality 
of children of the blood, was followed out in this 
case also : a mother or a stepmother who had come 
in manum viri thereby obtained the status of a 
daughter ; and, consequently, as to legitimate suc- 
cession, there were the same relations between such 
mother or stepmother and the husband's children, 
as there were among the husband's children them- 
selves. By the Twelve Tables the hereditas of an 
intestate mother could not come to her children, 
because women have no sui heredes ; but by a 
SCtum Orphitianum of M. Antoninus and Com- 
modus, the sons of a wife, not in manu, might take 
as her legitimi heredes, to the exclusion of consan- 
guinei and other agnati. (Ulp. Frag. xxvi. § 7 ; 
comp. Inst. 3. tit. 4.) 

If a person died leaving no sui heredes, but only 
a brother and another brother's children, the bro- 
ther took all as the nearest agnatus. If there was 
no brother surviving, and only children of brethren, 
the hereditas was divided among all the children 
in capita, that is, the whole was equally divided 
among all the children. 

If there were no agnati, the Twelve Tables gave 
the hereditas to the gentiles. [Gens.] 

Gaius (iii. 18, &c.) briefly recapitulates the strict 
law of the Twelve Tables as to the hereditates of 
intestates: — emancipated children could claim no- 
thing, as they had ceased to be sui heredes : the 
same was the case if a man and his children were 
at the same time made Roman citizens, unless the 
imperator reduced the children into the power of 
the father : agnati who had sustained a capitis 
diminutio were excluded, and consequently a son 
who had been given in adoption, and a daughter 
who was married and in manu viri : if the next 
agnatus did not take possession, he who was next 
in order could not for that reason make any claim : 
feminae agnatae who were beyond the degree of 
consanguinei had no claim : cognati, whose kin- 
ship depended on a female, had no mutual rights 
as to their hereditates, and consequently there were 
no such mutual rights between a mother and her 
children, unless the mother had come in manum 
viri, and so the rights of consanguinity had been 
established between them. 

Gaius proceeds to show (iii. 25, &c.) how these 
inequitable rules of the civil law were modified by 
the praetor's edict. As to the succession of cognati 
under the Imperial legislation, see Inst. 3. tit. 5, 
De SCto Tertull.; Cod. 6. tit. 58 ; Nov. 118. 

If a man had a son in his power, he was bound 
either to make him heres, or to exheredate {exhere- 
dare) him expressly (nominatim). If- he passed 
him over in silence (silentio praeterierit), the will 
was altogether void (inutile, non jure factum). 
Some jurists were of opinion that even if the son, 
so passed over, died in the father's lifetime, there 
could be no heres under that will. (Gaius, ii. 123, 
&c.) Other liberi could be passed over, and the 
will would still be a valid will ; but the liberi so 
passed over took a certain portion of the hereditas 
, adcrescendo, as it was termed, or jure adcrescendi. 



HERES. 



HERES. 



601 



For instance, if the heredes instituti were sni, the 
person or persons passed over took an equal share 
with them. If the heredes instituti were cxtranci, 
the person or persons passed over took a half of 
the whole hereditas ; and as the praetor pave the 
contra tabulas bonorum possessio to the person so 
passed over, the extranei were deprived of all the 
hereditas. A rescript of the emperor M. Antoninus 
limited the amount which women could take by the 
bonorum possessio to that which they could take 
jure adcrescendi ; and the same was the law in the 
case of emancipated females. 

It was necessary cither to institute as heredes, 
or to exhercdate posthumous children nominatim, 
otherwise the will, which was originally valid, 
became invalid (ruptum) • and the will became 
invalid by the birth either of a posthumous son or 
daughter, or, as the phrase was, adgnascendo rum- 
pitur testamentum. (Cic. de Or. i. 57.) Postumi 
were not only those who were born after the tes- 
tator's will was made, and came into his power or 
would have come into his power if he had lived, 
but also those who might become the sui heredc3 
of the testator by the death of some other person 
in the testator's lifetime. Thus, if a testator's son, 
who was in his power, had children, and the son 
died in the testator's lifetime, the grandchildren 
became sui heredes, and the testament became 
ruptum by this quasi agnatio: it was therefore a 
necessary precaution to institute as heredes or to 
exheredate such grandchildren. It follows that if 
the testament could be made invalid by this quasi 
agnatio, it must have become invalid by a son 
being born in the lifetime of the testator, unless 
the will had provided for the case ; for it became 
invalid if the testator adopted a son or a daughter 
(Ulpian) either by adrogation or adoption properly 
so called, after the date of his will. The case was 
the same if he took a wife in manum after the date 
of the will. 

The word Po3tumus has clearly the same signi- 
fication as Postrcmus, and literally means a child 
born last The passage of Gaius is defective where 
he treats of Postumi ; but the definition of Postumi, 
as preserved in the Brcviarium, appears to be 
exact : u Postumorum duo genera sunt : quia 
postumi adpellantur hi, qui post mortem patris de 
uxore nati fuerint, et ill i qui post testamentum 
f.irtnm nascuntur." Sometimes the word postumus 
i* defined only as a child born after a father's 
drath, as we see in some of the Glossae, and in 
Plutarch (Sulla, 37) ; but there is no proof that 
the meaning was limited to such children ; and the 
postages sometimes cited as being to that effect 
(Dig. 50. tit. 16. s. 164 ; 28. tit. 3. s. 3) have been 
misunderstood. 

As to Postumi alieni, see Gaius, i. 147, ii. 242; 
V'nngerow, I'anilfttm, he. vol. ii. p. 90. 

Other cases in which a valid testamentum 
became ruptum or irritum, arc more properly con- 
sidered under Tk.stamkntcm. 

The strictness of the old civil law was modified 
by the praetorian Inw, which gave the bonorum 
possessio to those who could not take the hereditas 
by the rules of the civil law. [Bonorum Pos- 
sksmo. ] 

The heres represented the testator and intestate 
(< *;> .'/. /..'/. ii. 1!'), and had nut only a claim to all 
his property and all that was due to him, but was 
bound by all his obligations. He succeeded to the 
.mi ra privata, and was bound to maintain them, 



but only in respect of the property, for the obliga- 
tion of the sacra privata was attached to property 
and to the heres only as the owner of it. Hence 
the expression " sine sacris hereditas " meant an 
hereditas unencumbered with sacra. (Plaut. Ca/it. 
iv. 1. 8, Trinum. ii. 4. 83 ; Festus, s. v. Sine sacris 
hereditas.) 

The legislation of Justinian released the heres, 
who accepted an hereditas, from all the debts and 
obligations of the testator or intestate, beyond 
what the property would satisfy, provided he made 
out an inventory (inventarium) of the property in 
a certain form and within a given time. (Cod. 0. 
tit. 30. s. 22.) It also allowed the institution of 
a man's own slave as heres without giving him his 
freedom. (Inst. 2. tit. 14 ; comp. Gaius, ii. 185.) 

The heres could claim any property which be- 
longed to his testator or intestate by the hcredita- 
tis pctitio (Dig. 5. tit. 3. s. 20), which was an actio 
in rem, and properly belonged to a heres only, 
though it was afterwards given to the bonorum 
possessor. Each heres claimed only his share. 
(Cic. Pro Rose. Com. c. 18.) 

The coheredes shared among themselves the pro- 
perty, and bore their share of the debts in the same 
proportions. For the purpose of division and set- 
tling the affairs of the testator, a sale was often 
necessary. (Cic. ad Ait. xi. 15.) If the parties could 
not agree about the division of the property, any 
of them might have an actio familiae crciscundae. 
[Fa.mii.iae Erc. Ac] 

The hereditas might be alienated by the form of 
in jure cessio. The heres legitimus might alienate 
the hereditas before he took possession of it, and 
the purchaser then became heres, just as if he had 
been the legitimus heres. The scriptus heres could 
only alienate it after the aditio : after such aliena- 
tion by him, or by the heres legitimus after aditio, 
both of them still remained heredes, and conse- 
quently answerable to creditors, but all debts due 
to them as heredes were extinguished. 

The hcrcditatcs of freedmen are more properly 
considered nnder Liberti and Patroxi. 

Before it was determined who was heres, the 
hereditas was without an owner, and was said 
"jaccrc." When a heres was ascertained, such 
person was considered to possess all the rights in- 
cident to the hereditas from the time of the death 
of the testator or intestate. But this does not ex- 
plain how we are to view the hereditas in the in- 
terval between the death of the former owner and 
the time when the heres is ascertained. During 
such interval, according to one form of expression 
used by the Roman jurists, the hereditas is a juris- 
tical person {rice jicrsonae fungitnr), and is the 
dominn, that is, the domina of itself ; according to 
another form of expression, it represents the de- 
funct, nnd not the person of the future heres. 
These two forms arc the same in meaning, and 
they express a fiction which has relation to tho 
legal capacity of the defunct, and not that of tho 
future heres, and which docs not involve the no- 
tion of any juristical personality of the hereditas. 
The relation to the legal capacity of the defunct is 
this: — Slaves generally In-lunged to an hereditas. 
A slave, as is well known, could acquire property 
for his living master, even without his knowledge ; 
hut the validity of the act of acquisition, in somo 
cases, depended on the legnl capacity of his master 
to acquire. Now, while the hereditas was without 
an ascertained owner, many acts of a llaTC by 



602 



HERMAE. 



HERMAE. 



■which the hereditas might receive additions, were 
strictly void, and such acts could only have their 
legal effect on the supposition thr.t the slave had 
an owner of a sufficient legal capacity ; and accord- 
ingly, the fiction of law gave validity to the act of 
the slave by relation to the known legal capacity 
of the late owner, and not by relation to the yet 
unascertained owner who might not have such 
legal capacity. The following are examples : — 
" When a Roman, who had a legal capacity to 
make a will, died intestate, and another person 
appointed as his heres a slave, who belonged to 
this hereditas which was still without an owner, such 
institution of a heres would be valid by virtue of 
this fiction, because it had reference to the legal 
capacity of the defunct. If there had been no such 
fiction, the validity of the institution would have 
been doubtful, for the unascertained legitimus heres 
might be an intestabilis, who (at least according to 
the old law) could not be instituted heres. — If a 
soldier died and left a will, which was not yet 
opened, another testator might institute as heres a 
slave belonging to the soldier's hereditas, because 
the institution, according to this fiction, had refer- 
ence to the deceased ; but if there were not this 
fiction, the institution might be void, inasmuch as 
the unascertained heres might be a peregrinus who 
had no testamentifactio with this other testator. — 
It was to provide for such cases as these only, that 
this fiction was introduced ; and it had no other 
object than to facilitate certain acquisitions by 
means of the slaves who belonged to an hereditas. 1 " 
This masterly exposition is by Savigny {System 
des keut. R. R. vol. ii. p. 363). 

(Gaius, 2. 99—190, 3. 1—24; Ulpian, Frag. 
xxii., Dig. 28, 29 ; Inst. 2, 3 ; Rein, Das R6- 
misclie Privatrecht, p. 361, &c. Erbrecht, a useful 
compendium of the Law of Hereditas, as it appears 
chiefly in the Latin classics ; Vangerow, Pandehten, 
&c. Erbrecht, vol. ii. The chapter on Erbrecht in 
Puchta's Institutional, &c. iii. p. 215, &c. is concise 
and very clear.) [G. L.] 

HERMAE (ipfiaT), and the diminutive Hermuli 
(epfiiSia), statues composed ofahead,usuall}rthat of 
the god Hermes, placed on a quadrangular pillar, 
the height of which corresponds to the stature of 
the human body rerpdyiovos epyaala, Thuc. vi. 
27 ; to axhlJ-a to rerpdyauov, Paus. iv. 33. § 4, 
s. 3). Sime difficulties are involved in the ques- 
tion of their origin, and of their meaning as symbols 
of Hermes. One of the most important features 
in the mythology of Hermes is his presidence over 
the common intercourse of life, traffic, journeys, 
roads, boundaries, and so forth, and there can be no 
doubt that it was chiefly in such relations as these 
that he was intended to be represented by the 
Hermae of the Greeks and by the Termini of the 
Romans, when the latter were identified with the 
Hermae. It is therefore natural that we should 
look for the existence of this symbol in the very 
earliest times in which the use of boundary-marks 
was required ; and in such times the symbols 
would be of the simplest character, a heap of stones 
or an unhewn block of marble. Now we find that 
there were in many parts of Greece heaps of stones 
by the sides of roads, especially at their crossings, 
and on the boundaries of lands, which were called 
ipjxcua. or kpp.eia, ep/j.aioi A.6<pot and tp/iaices* 



* Lessing, Bottiger (Andeut. p. 45), and others 
derive these words, and also the name of the god, 



(Hesych. s. vv.). An epfiaios A6<pos near Ithaca 
is mentioned in the Odyssey (xvi. 471) ; Strabo 
noticed many ep/j.eia on the roads in Elis (viii. 
p. 343) ; and even now an ancient heap of stones 
may be seen on the boundary of Laconia (Ross, 
Pelop. vol. i. pp. 18, 174). The religious respect 
paid to such heaps of stones, especially at the meet- 
ings of roads, is shown by the custom of each passer 
by throwing a stone onto the heap (Nicand. Tlier. 
150) ; this custom was also observed with refer- 
ence to the Hermae of later times, at least to those 
which stood where roads met. (Anth. Graec. loc. 
infra cit.) Such heaps of stones were also seen by 
Strabo on the roads in Egypt (xvii. p. 818); 
Another mode of marking a boundary or other de - 
finite locality was by a pillar of stone, originally 
unhewn, the sacred character of which was marked 
by pouring oil upon it and adorning it (Theophrast. 
16, comp. Genesis xxviii. 18, 22, xxxi. 45 — 48, 
where both the pillar and the heap of stones are 
set up for a witness, xxxv. 14). The Egyptian 
obelisk probably belongs to the same class of monu- 
ments. 

Referring the reader, for the further examination 
of these matters, to works in which they are dis- 
cussed at length (Zoega, de Orig. et Us. Obelise, 
Romae, 1797, p. 217; Gerhard, de Religions 
Hermarum, Berol. 1845, 4to. ; Otto, de Diis Via- 
libus, c. 7 ; Miiller, Arch'dol. d. Kunst, § 66 ; 
Preller, in Pauly's Real-Encyc. d. Class. Alterth. 
s. v. Mercurius, vol. iv. p. 1845), we assume that, 
of these heaps of stones and pillars, those which 
marked boundaries were either originally symbols 
of, or were afterwards consecrated to, the god 
Hermes. It is not denied that such rude memo- 
rials were at first symbols of the various gods alike, 
but at a very early period they came to be more 
especially associated with the worship of Hermes. 

The first attempt at the artistic development of 
the blocks of stone and wood, by which, in the 
earliest period of idol-worship, all the divinities 
were represented, was by adding to them a head, 
in the features of which the characteristics of the 
god were supposed to be expressed ; and afterwards 
other members of the body were added, at first 
with a symbolical meaning. These changes pro- 
duced the Hermae, such as they are described by 
the ancient authors, and as we now have them. 
The phallus formed an essential part of the symbol, 
probably because the divinity represented by it 
was in the earliest times, before the worship of 
Dionysus was imported from the East, the per- 
sonification of the reproductive powers of nature. 
So the symbol is described by Herodotus, who 
ascribes the origin of it to the Pelasgians, who 
communicated it to the Athenians, and they to 
the other Greeks. (Herod, ii. 51 ; Plut. an Seni sit 
Resjj. ger. 28. p. 797, f. ; Cic. de Nat. Deor. iii. 
22 ; comp. Creuzer's Note, in Baehr's edition of He- 
rodotus.) Pausanias gives the same account of the 
matter (i. 24. § 3, iv. 33. § 3. s. 4), and also states 
that the Arcadians were particularly fond of the 
ayo.Xg.a TtTpdywvou (viii. 48. § 4. s. 6 ; where 
the statue referred to is one of Zeus), which is 

from ep/xa, a heap (comp. Buttmann, Lexil. pp. 302, 
303). It would seem, at all events, that the 
words are in some way connected ; though the 
question, whether the god took his name from the 
symbol, or the symbol from the god, cannot be 
entered into here. 



HERMAE. 



HERMAE. 



603 



dome confirmation of the tradition which carried 
back the invention to the Pelasgic times. 

In the historical times of Greece, too, it was at 
Athens that the Hermae were most numerous 
and most venerated. So great was the demand 
for these works that the words tpnoy\v<pos, epfio- 
•y\v<pixri rex"'?! and ipfjuryXvpilov, were used as 
the generic terms for a sculptor, his art, and his 
studio (Plat. Symp. p. 215, a. ; Lucian, de Somn. 
i. 7, vol. i. pp. 3, 4, 1 0, 1 1 ; and the Lexicons). 

Houses in Athens had one of these statues 
placed at the door called ipu.ris arpotpatoi or erpo- 
<p6vr(Thucyd. vi. 27 ; Aelian. V. H. ii. 41 ; Suid. 
*. c. ; Pollux, viii. 72 ; Ath. x. p. 437, b.) ; some- 
times also in the peristyle (Lucian, Navig. 20, 
vol. iii. p. 262), which were worshipped by the 
women as instrumental to fecundity (see bas-relief 
in Boissarde, Anliq. Roman, part 1), and the great 
reverence attached to them is shown by the alarm 
and indignation which were felt at Athens in con- 
sequence of the mutilation of the whole number in 
a single night, just before the sailing of the Sicilian 
expedition. (Thucyd. vi 27, with Poppo's note ; 
Andoc. de. Myst. ; Aristoph. Lysist. 1093, 1094, 
and Schol. ; Aristophanes applies the term ip/WKo- 
wOku to the mutilators ; see also Phot. j. r. ep/to- 
Koirioat.) 

They were likewise placed in front of temples, 
near to U jmbs, in the gymnasia, palaestrae, libraries, 
porticoes, and public places, at the corners of streets, 
on high roads as sign-posts, with distances inscribed 
upon them (Bockh, Corp. /nser. No. 12 ; Epiijr. 
Incert. No. 234, Brunck, Anal. vol. iii. p. 197, 
A nth. I'lanud. iv. 254 ; the other epigrams on 
Hermae, Nos. 255, 256. deserve notice) ; and 
some are still to be seen at Athens with the names 
of victors in the gymnastic contests inscribed upon 
them. (Leake, Athens, p. 17, n. 1.) They were 
even made vehicles of public instruction, according 
to the author of the lltjijxirclius (falsely ascribed to 
Plato, p. 229), who says that the tyrant Hippar- 
chu.i placed Hermae in the streets of the city and 
in roads throughout Attica, inscribed with moral 
verses, such as the following : 

MfJj/ua tc!5" 'lTnrdpxov artix* iiKaia tppov&v. 
MfTjjUa T(f5' 'limapxow P-V <p^»v ^(oiroTO. 

(Comp. Harpocrat. s. v. 'Ep^ai ; Hcsych. ». v. 
'Iinrd^x" ' Ep/im, with Alberti's note). Those 
which stood at cross roads had often three or four 
heads (Phiioch. p. 45, ed. Siebelis ; Harpocr. and 
i'.hpit. il/. i. r. TpiK»'(poAo5 'Epurjs ; Phot. Hcsych. 
t. r. T»rpa«iipa.\oi 'K,.u.', , ; Eustath. ad Hum. p. 
1353. 3). 

Numerous examples occur in Pausanias and 
other writers of their being placed on the boun- 
•larie, of lands and states and at the gates of 
. i: i - ( irpht T7) xvXioi, irpoirv\cuoi, Paus. viii. 34. 
8 3. s. 6, iv. 83. § 3. s. 4, et aiib. ; Harpocr.) Small 
ibnnae were also used as pilasters, and as Blip- 
ports fur furniture and utensils. (Pollux, vii. 15, 
; Miiller, Arch, g 379, n. 2.) Respecting the 
luc of the Hermae and Ihrmuli in the Circus, 
ice pp. 285, a, 286, a. 

W ith respect to the form of these works, the cs- 
•enlial parts have been already mentioned. A 
pointed beard (a^n\vcmur,iiiv ) belonged totlieanri. nt 
type ( Artemid. ii. 37). A mantle ( iuonoi') was fre- 
quently hung over the shoulders (Pnus. viii. 39. § 4 ; 
l>i"«. Ijtcrt. v. 82). Originally the legs and arms 
were altogether wanting (Pausanias calls them (mm- 



\oi, i. 24. § 3), and, in place of the arms, there were 
often projections to hang garlands upon ; but, when 
the reverence attached to the ancient type became 
less, and the love of novelty greater, the whole 
torso was placed upon a quadrangular pillar, which 
lessened towards the base, and finally the pillar 
itself was sometimes chiselled to indicate the sepa- 
ration of the legs, as may be seen in a tetragonal 
female statue in the Villa Albani. (Winkc-lm. 
Storia delle Arte, vol. L tav. 1.) Sometimes, as 
above stated, the head was double, triple, and even 
fourfold. The whole figure was generally of stone 
or marble ; but Cicero {ad Atl. i. 8) mentions 
some which were of Pentelic marble, with bronze 
heads. (Muller, Arch'dol. d. Kttnst, § 67.) 

Many statues existed of other deities, of the 
same furm as the Hermae ; which no doubt ori- 
ginated in the same manner ; and which were still 
called by the generic name of Hermae, even though 
the bust upon thein was that of another deity. 
Several images of this kind are described by Pau- 
sanias ; one of Poseidon at Tricoloni in Arcadia 
(viii 35. § 6), another of Zeus Teleios at Tegea 
(ib. 48. § 4), and another of Aphrodite Urania 
at Athens (i. 19. § 2). The reason why the 
statues of the other deities were developed into 
perfect forms, while those of Hermes so gene- 
rally (by no means universally) retained their 
ancient fashion, is obviously on account of the re- 
ligious significance attached to the symbol of the 
pillar, as a boundary mark. Where this motive 
was not called into action, Hermes himself was 
represented in the complete human form with all 
the perfection of Greek art, as, for example, in his 
statues in the palaestrae, and in those which em- 
bodied others of his attributes. (See Muller, 
Arch'dol. d. Kunst, §§ 380, 381.) 

Some statues of this kind are described by a 
name compounded of that of Hermes and another 
divinity : thus we have Ilcrmanuliis, llermares, 
Hermathena (Cic. ad Att. i. 4), Ilermeracles (Cic. 
ad Att. i. 10), Hermeros (Plin. //. A', xxxvi. 5. 
s. 4. § 10), Hermopan. It has been much dis- 
puted whether such figures were composed of the 
square pillar, as the emblem of Hermes, surmounted 
by the bust of the other divinity ; or, secondly, 
whether the heads of Hermes and the other god 
were united, as in the bust of Janus ; or, lastly, 
whether the symbolical characteristics of the two 
deities were combined in the same statue. As to 
the first explanation, it seems hardly probable that, 
so late as the time of Cicero, the mere pillar should 
have been considered as adequate a representation 
of Hermes is the bust was of the other deity : the 
second is supported by many existing terminal 
double busts : the third can only be regarded 
as an ingenious conjecture, which may be true of 
some works of a late period of art. We think 
that the second is the true explanation in the 
passages from Cicero. (Comp. MUllcr, Arch'dol. d. 
Kunst, § 345, n. 2.) 

There is still another class of these works, in 
which the bust represented no deity at all, but wan 
simply the portrait of a man, and in which the 
pillar loses .-ill in symbolical meaning, and becomes 
a mere pedestal. Even these statues, however, re- 
tained the names of Hrrmuc nod Termini. Tho 
examples of them are very numerous. A list of 
these and of the other Hermae in riven by C. W. 
Miill'T. ( Krsch and ( iruber'.n IJiui/Uopiidu; art. 
Ilermrn.) 



604 



HERMAEA. 



HETAERAE. 



The Hermae of all kinds were in great request 
among the wealthy Romans, for the decoration of 
their houses and villas. It is also stated that they 
used them as posts for ornamental railings to a 
garden, in which case they were commonly deco- 
rated with the busts of philosophers and eminent 
men, some of which may be seen at the Vatican 
and other museums, with the square holes in their 
shoulders into which the transverse rail was in- 
serted. This square hole, however, is also seen in 
Hermae of old Greek workmanship, in which 
cases they were probably the sockets of the pro- 
jections, above mentioned, for hanging garlands on. 

The existing remains of ancient art are rich in 
terminal statues of all the classes which have been 
described ; and specimens of nearly all may be 
seen in the British Museum, and in engravings in 
Muller's Denhn'dhr der alten Kunst (vol. i. pi. i. 
Nos. 3, 4, 5, vol. ii. pi. xxviii. Nos. 299, 300, 303, 
pi. xxxi. No. 341, pi. xxxiii. Nos. 376, 386, 387, 
pi. xxxvi. Nos. 428, 429, pi. xlii. No. 526). The 
first two examples in Miiller are very interesting : 
the one is a bas-relief, exhibiting a Hermes deco- 
rated with garlands and surrounded with the im- 
plements of his worship, as shown in the following 
engraving ; the other is also a bas-relief, in which 




we see a terminal bust of Dionysus washed and de- 
corated by a man and three women. Respecting the 
Hermae on coins, see Rasche, Lex Univ. Rei Num. 
s. vv. Herma, Hermathene, Hermes. [P. S.] 

HERMAEA ("Epfxcua), festivals of Hermes, 
celebrated in various parts of Greece. As Hermes 
was the tutelary deity of the gymnasia and palaes- 
trae, the boys at Athens celebrated the Hermaea 
in the gymnasia. They were on this occasion 
dressed in their best, offered sacrifices to the god, 
and amused themselves with various games and 
sports, which were probably of a more free and un- 
restrained character than usual. Hence the gyra- 
nasiarch was prohibited by a law of Solon ( Aeschin. 

c. Timarch. p. 38) from admitting any adults on 
the occasion. This law, however, was afterwards 
neglected, and in the time of Plato (Lysis, p. 206, 

d. &c.) we find the boys celebrating the Hermaea 
in a palaestra, and in the presence of persons of all 
ages. (Becker, Charikles, vol. i. p. 335, &c. ; com- 
pare Gymnasium, p. 580, b.) 

Hermaea were also celebrated in Crete, where, 
on this occasion, the same custom prevailed which 
was observed at Rome during the Saturnalia ; for 
the day was a season of freedom and enjoyment 
for the slaves, and their masters waited upon them 
at their repasts. (Athen. xiv. p. 639.) 



The town of Pheneos, in Arcadia, of which 
Hermes was the principal divinity, likewise cele- 
brated Hermaea with games and contests. (Pans, 
viii. 14. § 7.) A festival of the same kind was 
celebrated at Pellene. (Schol. ad Find. Ol. vii. 156, 
and Nem. x. 82.) Tanagra, in Boeotia (Paus. ix. 
22. § 2), and some other places, likewise cele- 
brated festivals of Hermes, but particulars are not 
known. [L. S.] 

HERMATHENA. [Hermae.] 

HERMERACLAE. [Hermae.] 

HERO'NES, baskets or crates of sedge, which 
were employed, when filled with chalk, for making 
a foundation in the water (Vitruv. v. 12. § 5). 
Pliny states that the architect of the temple of 
Diana, at Ephesus, raised to their places immense 
blocks, which formed the architrave, by means 
of an inclined plane, constructed of herones filled 
with sand (H. N. xxxvi. 14. s. 21). In these 
and the few other passages where it occurs, the 
readings of the word are very various. Different 
modern scholars have adopted one of the three 
forms, aerones, erones, or herones. (See Schneider, 
ad Vitruv. I. c.) [P. S.] 

HEROON (ripyov) [Apotheosis ; Funus, 
pp. 556, b., 557, a.] 

HESTIA (karia) [Focus.] 

HESTIASIS (eo-rWis), was a species of li- 
turgy, and consisted in giving a feast to one of the 
tribes at Athens (rfyv <pvX7]v kariav, Dem. c. Meid. 
p. 565. 10 ; Pollux, iii. 67.) It was provided for 
each tribe at the expense of a person belonging 
to that tribe, who was called kanarap. (Dem. 
c. Boeot. p. 996, 24.) Harpocration (s.v. 'EoTicrraip) 
states on the authority of the speech of Demos- 
thenes against Meidias, that this feast was some- 
times provided by persons voluntarily, and at other 
times by persons appointed by lot ; but as Bb'ckh 
remarks, nothing of this kind occurs in the speech, 
and no burthen of this description could have been 
imposed upon a citizen by lot. The eorictTopes 
were doubtless appointed, like all persons serving 
liturgies, according to the amount of their property 
in some regular succession. These banquets of the 
tribes, called <pvKeriKa Sziirva by Athenaeus (v. 
p. 1 85, d), were introduced for sacred purposes, and 
for keeping up a friendly intercourse between per- 
sons of the same tribe, and must be distinguished 
from the great feastings of the people, which were 
defrayed from the Theorica. (Bockh, Publ. Econ. 
of Athens, p. 452, 2nd. ed. ; Wolf, Proleg. ad 
Dem. Leptm. p. lxxxvii. note 60.) 

HETAERAE (kraipai). The word haipa ori- 
ginally signified a friend or companion, but at 
Athens, and in other towns of Greece, it was after- 
wards used as a euphemistic name for iropvri, that 
is, a prostitute, or mistress. (Plut. Solon, c. 15 ; 
Athen. xiii. p. 571.) As persons of this class 
acted a much more prominent and influential part 
in some of the Greek states than in any of the 
most demoralized capitals of modern times, we 
cannot avoid in this work stating their position and 
their relations to other classes of society. But as 
their conduct, manners, ensnaring artifices, and im- 
positions, have at all times and in all countries been 
the same, we shall confine ourselves to those points 
which were peculiar to the hetaerae in Greece. 

First we may mention that the young men at 
Athens, previous to their marriage, spent a great 
part of their time in the company of hetaerae with- 
out its being thought blamable in any respect 



HETAERAE. 



HETAERAE. 



G05 



whatever. Marriage, indeed, produced on the 
whole a change in this mode of living of young 
men, but in innumerable instances even married 
men continued their intercouse with hetaerae, 
without drawing upon themselves the censure of 
public opinion ; it seems, on the contrary, evident 
from the manner in which Demosthenes (c. Neaer. 
p. 1351, &c.) relates the history of Lysias the 
sophist, that such connections after marriage were 
not looked upon as anything extraordinary or in- 
consistent, provided a man did not offend against 
public decency, or altogether neglect his legiti- 
mate wife and the affairs of his household, as 
was the case with Alcibiades. ( Andoc. c. Alab. p. 
177.) This irregular condition of private life 
among the Greeks seems to have arisen chiefly 
from two causes ; first from the great love of sen- 
sual pleasures, which the Greeks appear to have 
possessed in as high a degree as most other 
southern nations ; and, secondly, from the gene- 
rally prevailing indifference between husbands and 
wives. As regards the latter point, matrimo- 
nial life in the historical times of Greece was very 
different from that which wc find described in the 
heroic age. How this change was brought about 
is not clear ; but it can scarcely be doubted 
that, generally speaking, the Greeks looked upon 
marriage merely as a means of producing citizens 
forthe state. (Dem.c. Never. p.1386; Becker, Cha- 
rities, vol. ii. p. 215, &c.) The education of women 
was almost entirely neglected ; they were thought 
a kind of inferior beings, less endowed by nature, 
and incapable of taking any part in public affairs 
and of sympathising with their husbands. In an 
intellectual point of view, therefore, they were not 
fit to be agreeable companions to their husbands, 
who consequently sought elsewhere that which 
they did not find at home. It is true the history 
of Greece furnishes many pleasing examples of do- 
mestic happiness, and well-educated women, but 
these are exceptions, and only confirm the general 
rule. A consequence of all this was, that women 
were bound down by rules which men might vio- 
late with impunity ; and a wife appears to have had 
no right to proceed against her husband, even if 
she could prove that he was unfaithful ( I'luut. Mer- 
eat. IT, 6. 3), although she herself was subject to 
severe punishment if she was detected. The 
isolated testimony of a late writer like Alciphron 
{JBpUL i. 6), who represents a wife threatening 
her husband, that unless he would give up his dis- 
solute mode of living, she would induce her father 
to bring a charge against him, can, as Becker 
(fluhklei, vol. i. p 112) observes, prove nothing, 
inasmuch as a neglect of family affairs might, in 
th in case, have been the ground for accusation. 

lint to return to the hetaerae ; the state not 
only tolerated, but protected them, and obtained 
profit from them. Solon is said to have establ ished 
a unpvuov (also called -raiSttrKftov, IpryaaT^piov 
or iiiK7j.ua i. in which prostitutes were kept (Athen. 
xiii. p. .io'.'l), and to have built the temple of Aphro- 
dite I'audemos with the profit which had been 
obtained from them. At a later period the num- 
ber of such bouses at Athens was increased, and 
the persons who kept thrm were called itopvo%oo- 
Kiii, Ummrt. The conduct of the hetaerae in these 
houses is described in Alhenacus (xiii. p. 568). 
All the hetaerae of sue h Ii'iiih-h, at well asitnlivi- 
duals who lived by themselves and gained their 
livelihood by prostitution, had to pay to the state 



a tax (vopviiibv tc'Aos, Aesch. c. TimarcJi. p. 1 34, 
&c), and the collecting of this tax was every year 
let by the senate to such persons (TeKavat, or 
iropvortKavai, Philonides, ap. Politic, vii. 202) 
as were best acquainted with those who had to pay 
it. The hetaerae were under the superintendence 
of the ar/opavifUii (Suidas, s. r. Aic-^auuo). and 
their places of abode were chiefly in the Ceramei- 
cus. (Hesych. s. r. Kcpajueifcds.) 

The number of private hetaerae, or such as did 
not live in a nopv&ov, was very great at Athens. 
They were, however, generally not mere prosti- 
tutes, but acted at the same time as flute or cithara 
players, and as dancers, and were as such fre- 
quently engaged to add to the splendour of 
family sacrifices (Plaut. Epid. iii. 4. 64), or to en- 
liven and heighten the pleasures of men at their 
symposia. Their private abodes, where often two, 
three, and more lived together, were also frequently 
places of resort for young men. (Isocrat. Areo/xty. 
p. 202, Bekkcr.) Most of these hetaerae not only 
took the greatest care to preserve their physical 
beauty, and to acquire such accomplishments as we 
just mentioned, but also paid considerable attention 
to the cultivation of their minds. Thus the Arca- 
dian Lastheneia was a disciple of Plato (Athen. 

xii. p. 546), and Leontion a disciple of Epicurus 
(Athen. xiii. p. 588) ; Aspasia is even said to have 
instructed Socrates and Pericles. Whatever we 
may think of the historical truth of these and simi- 
lar reports, they are of importance to the historian, 
inasmuch as they show in what light these hetae- 
rae were looked upon by the ancients. It seems 
to have been owing, especially to their superiority 
in intellectual cultivation over the female citizens, 
that men preferred their society and conversation 
to those of citizens and wives, and that some 
hetaerae, such as Aspasia, Lais, Phryne, and 
others, formed connections with the most eminent 
men of their age, and acquired considerable influ- 
ence over their contemporaries. The free and un- 
restrained conduct and conversation, which were 
not subject to the strict conventional rules which 
honest women had to observe ; their wit and 
humour, of which so many instances arc recorded ; 
were well calculated to ensnare young men, and to 
draw the attention of husbands away from their 
wives. Women, however, of the intellect and 
character of Aspasia were exceptions : and even 
Athenian citizens did not scruple to introduce 
their wives and daughters to her circles, that they 
might learn there the secrets by which they might 
gain and preserve the affections of their husbands. 
The disorderly life of the majority of Greek hetaerae 
is nowhere set forth in better colours than in the 
works of the writers who belong to the so-called 
school of the middle comedy, and in the plays of 
Plautusand Terence ; with which may be compared 
Dcmosth. c. Xaier. p. 1355, Kc, and Athen. book 

xiii. It was formerly supposed that at Athens 
a peculiar dress was by law prescribed to tho 
hetaerae, but this opinion is without any founda- 
tion. (Becker, Cluiriklrt, vol. i. p. 126, &c.) 

The town most notorious in (ireece fur the num- 
ber of its hetaerae, as well as for their refined man- 
ners and beauty, was Corinth. (Plato, l>e Hep. 
iii. p. 404 ; I)iu Chrysost. Oral, xxxvii. d. II!/, 
Keinke j Arintoph. I'lul. 149, with the Schol. ; 
;<h<l N hoi. ml l.t/'i'lr. !/U ; Allien, xiii. p. 573, tic ; 
Miillcr, /)or. ii. 10. tj ',.) Strabo (viii. p. 378) 
slates that the temple of Aphrodite in this town 



606 HETAIRESEOS GRAPHE. 



HIERODULI. 



possessed more than one thousand hetaerae, who 
were called iepSSovKoi, and who were the ruin of 
many a stranger who visited Corinth. (Wachs- 
muth, Hellen. Alterth. vol. ii. p. 392.) Hence the 
name Kopti/6'ta K&pr) was used as synonymous with 
eraipa, and Kopivdia£ecr6ai was equivalent to irou- 
peiu. (Eustath. ad Iliad, ii. 570.) At Sparta, 
and in most other Doric states, the hetaerae seem 
never to have acquired that importance which they 
had in other parts of Greece, and among the Greeks 
of Asia Minor. 

An important question is who the hetaerae gene- 
rally were ? The Up65ov\oi of Corinth were, as 
their name indicates, persons who had dedicated 
themselves as slaves to Aphrodite ; and their 
prostitution was a kind of service to the goddess. 
[Hieroduli.] Those irSpvat who were kept at 
Athens in public brothels by the iropuogoaKoi, were 
generally slaves belonging to these nopvoSoaKoi, who 
compelled them to prostitute their persons for the 
purpose of enriching themselves. The owners of 
these ir6pvai were justly held in greater contempt 
than the unhappy victims themselves. Sometimes, 
however, they were real prostitutes, who voluntarily 
entered into a contract with a iropvo§oaK6s : others 
again were females who had been educated in 
better circumstances and for a better fate, but had 
by misfortunes lost their liberty, and were compelled 
by want to take to this mode of living. Among 
this last class we may also reckon those girls who 
had been picked up as young children, and brought 
up by iropvoSooKoi for the purpose of prostitution. 
An instance of this kind is Nicarete, a freed 
woman, who had contrived to procure seven 
young children, and afterwards compelled them to 
prostitution, or sold them to men who wished to 
have the exclusive possession of them. (Dem. 
c. Neaer. p. 1351, &c.) Other instances of the 
same kind are mentioned in the comedies of Plau- 
tus. (Compare Isaeus, De Philociem. hered. p. 
143.) Thus all prostitutes kept in public orprivate 
houses were either real slaves or at least looked 
upon and treated as such. Those hetaerae, on the 
other hand, who lived alone either as mistresses of 
certain individuals or as common hetaerae, were 
almost invariably strangers or aliens, or freed- 
women. The cases in which daughters of Athe- 
nian citizens adopted the life of an hetaera, as 
Lamia, the daughter of Cleanor (Athen. xiii. p. 
577), seem to have occurred very seldom ; and 
whenever such a case happened, the woman was 
by law excluded from all public sacrifices and offices, 
sank down to the rank of an alien, and as such be- 
came subject to the iropviKbv re'Ao?: she generally 
also changed her name. The same degradation 
took place when an Athenian citizen kept a 7rop- 
velov, which seems to have happened very seldom. 
(Bb'ckh, Publ. Econ. of Athens, p. 333, 2nd ed.) 

(Fr. Jacobs, Beitrcige Zar Gesch. des Weiblich. 
Geschlechts, in his Vermischte Sehri/tm, vol. iv. ; 
Becker, Charildes, vol. i. p. 109 — 128, and vol. ii. 
p. 414 — 489 ; Limburg-Brouwer, Histoire de la 
Civdisation Morale et Religieuse des Grecs ; Wachs- 
muth, Hellen. Alterth. vol. ii. p. 392, &c.) [L. S.] 

HETAERI (eraipoi). [Exercitus, p. 488, 

HETAIRESEOS GRAPHE (kraip^ws 
yparpri). This action was maintainable against 
such Athenian citizens as had administered to the 
unnatural lusts of another ; but only if after such 
degradation they ventured to exercise their political 



franchise, and aspire to bear office in the state. 
From the law, which is recited by Aeschines 
(c. Timarch. p. 47), we learn that such offenders 
were capitally punished. The cause was tried by 
the court of the thesmothetae. (Meier, Att. Proc. 
p. 334.) [J. S. M.] 

HETAIRIAE (e-raipfoi). [Eranos.] 

HEXA'PHORUM. [Lectica.] 

HEXA'STYLOS. [Templum.] 

HEXE'RES. [Navis.] 

HIEREION (Up<aov). [Sacrificium.] 

HIEREIS TON SOTERON (Upus tw <ro>T9j- 
pav), priests of the Saviours, that is, of Antigonus 
and Demetrius, who were received by the Athe- 
nians, in B. c. 307, as their liberators with honours 
and flatteries of every sort. They even went so 
far as to pay divine honours to these princes under 
the title of Saviours (awTrjpes), and to assign apriest 
(/epeus) to attend to their worship, who was to be 
elected annually and to give his name to the year in 
place of the first archon. This continued for twenty 
years till the conquest of Demetrius by Pyrrhus in 
B. c. 287, when the office was abolished and the 
first archon restored to his former position in the 
state. (Plut. Demetr. 10, 46.) The magistrates 
of these twenty years were in later times called 
archons, as, for instance, by Diodorus and Diony- 
sius of Halicarnassus, since the Athenians, as 
Clinton remarks, would not leave upon their Fasti 
this mark of their humiliation. (Droysen, Geschichte 
des Helle?iismus, vol. i. p. 439 ; Clinton, F. H. 
vol. ii. p. 380, 2d ed. ; Hermann, Lehrbuch. d. 
Griech. Stuatsultcrth. § 1 75, n. 7 ; Schumann, ^4 h#§m. 
Jur. Pvbl. Graec. p. 360.) 

HIERODU'LI (iep68ovAoi), were persons of 
both sexes, who were devoted like slaves to the 
worship of the gods. They were of Eastern origin, 
and are most frequently met with in connection 
with the worship of the deities of Syria, Phoenicia, 
and Asia Minor. They consisted of two classes ; 
one composed of slaves properly so called, who at- 
tended to all the lower duties connected with the 
worship of the gods, cultivated the sacred lands, 
&c, and whose descendants continued in the same 
servile condition ; and the other, comprising per- 
sons, who were personally free, but had dedicated 
themselves as slaves to the gods, and who were 
either attached to the temples, or were dispersed 
throughout the country and brought to the gods 
the money they had gained. To the latter class 
belonged the women, who prostituted their persons 
and presented to the gods the money they had ob- 
tained by this means. The pomp with which reli- 
gious worship was celebrated in the East, and the 
vast domains which many of the temples possessed, 
required a great number of servants and slaves. 
Thus, the great temple at the Cappadocian Comana 
possessed as many as 6000 hieroduli (Strab. xii. 
p. 535), and that at Morimene had 3000 of the 
same class of persons. (Strab. xii. p. 537.) So 
numerous were the hieroduli at Tyre, that the 
high-priest by their support frequently obtained 
the regal dignity. (Joseph, c. Apion. i. 18, 21.) 
These large numbers arose from the idea, prevalent 
in the East, that the deity must have a certain 
class of persons specially dedicated to his service 
and separated from the ordinary duties of life, and 
that it was the duty of all who had the power to 
supply as many persons as they could for their ser- 
vice. Thus,kings dedicated as sacred slaves the pri- 
soners whom they took in war, parents their children, 



HIEROMNEMONES. 



HIEROSYL1AS GRAPHS. 



C07 



and even persons of the highest families sent their 
daughters to the temple3 to sacrifice their chastity 
to the gods, at least till the time of their marriage. 
This practice of females offering their chastity to 
the cods was of ancient origin in the East, and 
seems to have arisen from the notion that the gods 
ought to have the first-fruits of every thing. The 
custom prevailed at Babylon ( Herod, i. 199; Strab. 
XvL p. 745), as well as in many other places. 
(Comp. Heyne, De B'tlylimiorum insiituto religion, 
ice.in Comment. Societ. Gotting. vol. xvi. p. 30, etc.) 
The Greek temples had of course slaves to perform 
the lowest servic-s (Paus. x. 32. § 8) ; but we 
also find mention in some Greek temples of free 
persons of both sexes, who had dedicated them- 
selves voluntarily to the services of some god, and 
to whom the term of hieroduli was generally ap- 
plied. Masters, who wished to give slaves their 
freedom, but were prevented by various causes 
from manumitting them, presented them to some 
temple as UpooovAoi under the form of a gift or a 
sale, and thu3 procured for them liberty in reality. 
Such cases of manumission frequently occur in in- 
scriptions, and are explained at length by Curtius 
(tie Mnnumissirme sacra Graecorum, in his A ncedota 
Mo/tica, Berlin, 1843, p. 10, &c. ; comp. Pint 
Am a. c. 21, rta> (lWuiv OfUTrorwv koI apxom-wv 
tktvdtpot (cal &<p(Tot Kofloirtp Up6oov\oi SiaT«Aof'- 
otv). The female hieroduli, who prostituted their 
persons, are only found in Greece connected with 
the worship of divinities who were of Eastern origin, 
or many of whose religious rites were borrowed from 
the East This was the cas™ with Aphrodite, who 
was originally an Oriental goddess. At her temple 
at Corinth there were a thousand Up6ZovKoi iraipai. 
who were the ruin of many a stranger who visited 
Corinth, and there was also a large number of the 
same class of women at her temple at Eryx, in 
Sicily. (Strab. viii. p. 378, vi. p. 272, comp. xii. 
p. 559.) (Ilirt. Die Hierixluhn, with appendices 
by Bifckh and Buttmann, Berlin, 1818 ; Kreuser, 
])■ r IIMenen I'riesterstaat, mil vorsuplicher liihk- 
ticht an/ die 1/ierwiulrn, Mainz, 1 824 ; Movers, 
hie I'lt'i'mizier, p. 3.59, &c. ; Hermann, I<ehrljucli d. 
gottesdienstliclieii Alterth'umer d. Griechen, § 20, n. 
13—16.) 

HIEROMANTEIA (/fpo/uurtia). [Divina- 

TIO.] 

HIEROME'NIA (I'fpo^TjWa), was the time of 
the month at which the sacred festivals of the 
On k« began, and in consequence of which the 
whole month received the name of j»V itp6s. It 
was a part of the international law of Greece that 
all hostilities should cease for the time between 
states who took part in these festivals, so that the 
inhabitants of the different states might go and 
return in safety. The hieromeniae of the four 
■Ml national festivals were of course of the most 
importance : they were proclaimed by heralds 
(TToeSoiJxjpoi), who visited the different states of 
<ir.' ee for the purpose. The suspension of hosti- 
VlSm was called ^KfX'ipi'a. (Pind. Mint. ii. 23 ; 
Strnb. viii. p. 343 j Krause, (jtgmjiia, p. 40, 6ic. ; 
ami tli.' article Oi.ymima.) 

HIEROMNEMONES (Upofiviifiovti), were 
tin- more honourable of the two classes of repre- 
sentatives who composed the A mphictyonic council. 
An account of them is given under Amphii tvoNKs. 

We iilii. read nf 1 1 ii -r. it mnnes in Grecian stated, 

distinct from the Amphictynuic representatives of 
this name. Thus the priests of Poseidon, at 



\ Megara, were called hieromnemones (Plut. Symp. 
viii. 8. § 4) ; and at Byzantium, which was a 
colony of Megara, the chief magistrate in the state 
appears to have been called by this name. In a 

| decree of Byzantium, quoted by Demosthenes (pro 
Coron. p. 255. 20 ; compare Polyb. iv. 52. § 4), 
an hieromnemon is mentioned, who gives his name 

' to the year ; and we also find the same word on 

i the coins of this city. (Eckhel, Doctr. Num. 
vol. ii. p. 31, Sec.) At Chalcedon, another colony of 
Megara, an hieromnemon also existed, as is proved 
by a decree which is still extant. (Muller, Dor. iii. 
9. § 10.) An inscription found in Thasos also men- 
tions an hieromnemon who presided over the trea- 
sury. (Bb'ckh, Corp. Jnscrip. vol. ii. pp. 183, 184.) 
J 1 1 EKONTCAE. [Atiiletae.] 
HIE ROP1I AN TES (Upo<p<xvT<is). [Eleu- 
sinia.1 

HIEROPOII (ifpojroiof), were sacrifices at 
Athens, of whom ten were appointed even- year, 
and conducted all the usual sacrifices, as well as 
those belonging to the quinquennial festivals, with 
the exception of those of the Panathenaea. (Pollux, 
viii. 107; Photius, I. V. 'lepo-noioi.) They are 
frequently mentioned in inscriptions. (Bb'ckh, 
Corp. Inscr. vol. i. p. 250.) The most honourable 
of these officers were the sacrificers for the revered 
goddesses or Eumenides (iepo7roto! rah (renvois 
beats), who were chosen by open vote, and pro- 
bably only performed the commencement of the 
sacrifice, and did not kill the victim themselves. 
(Dcm. c. Mad. p. 552. C ; Bb'ckh, l'ubl. Econ. of 
Athens, p. 21G.) 

HIEROSYLIAS GRAPHE (UpoavMas ypa- 
<p^l). The action for sacrilege is distinguished 
from the kKotttis Upwv xf rn V L °- TWV 7P a< P')> in that 
it was directed against the offence of robbery, 
aggravated by violence and desecration, to which 
the penalty of death was awarded. In the latter 
action, on the contrary, the theft or embezzlement, 
and its subject-matter, only were taken into con- 
sideration, and the dicasts had a power of assessing 
the penalty upon the conviction of the offender. 
With respect to the tribunal before which a case 
of sacrilege might have been tried, some circum- 
stances seem to have produced considerable dif- 
ferences. The ypa<pri might be preferred to the 
king archon, who would thereupon assemble the 
areiopagus and preside at the trial, or to one of the 
tbesmothctae in his character of chief of an ordi- 
nary Heliastic body ; or, if the prosecution assumed 
the form of an npagoge or cphegesis, would fall 
within the jurisdiction of the Eleven. Before the 
first-mentioned court it is conjectured (Meier, Alt. 
Proc. p. 307) that the sacrilege of the alleged 
spoliation, as well ns the fact itself, came in ques- 
tion ; that the thesmothctae took cognizance of 
those cases in which the sacrilege was obvious if 
tho fact were established ; and that the Eleven had 
jurisdiction when the criminal appeared in the 
character of a common robber or burglar, surprised 
in the commission of the offence. In all these 
cases the convict was put to death, his property 
confiscated, and his body denied burial within tho 
Attic territory. There is a speech of Lysias (;/rr> 
CaUia) extant upon this subject, but it adds 
littlo to our knowledge ; except thnt slaves wem 
allowed iijmii tiiat occasion to appear ns informers 
against their master — a resident alien — and an- 
ticipated their emancipation in tho event of his 
conviction. [J. S. M. ) 



608 



HIPPODAMEIA. 



HIPPODROMUS. 



HILA'RIA (lAapia) seems originally to have 
been a name which was given to any day or sea- 
son of rejoicing. The hilaria were, therefore, ac- 
cording to Maximus Monachus (Se/iol. ad Hionys. 
Areopag. Epist. 8) either private or public. Among 
the former he reckons the day on which a person 
married, and on which a son was born ; among the 
latter, those days of public rejoicings appointed by 
a new emperor. Such days were devoted to gene- 
ral rejoicings and public sacrifices, and no one was 
allowed to show any symptoms of grief or sorrow. 

But the Romans also celebrated hilaria, as a 
feria stativa, on the 25th of March, in honour of 
Cybele, the mother of the gods (Macrob. Sat. i. 
21) ; and it is probably to distinguish these hilaria 
from those mentioned above, that Lampridius 
(Alexand. Sever, c. 37) calls them Hilaria Matris 
Deum. The day of its celebration was the first 
after the vernal equinox, or the first day of the 
year which was longer than the night. The winter 
with its gloom had passed away, and the first day 
of a better season was spent in rejoicings. (Flav. 
Vopisc. Aurelian. c. 1.) The manner of its cele- 
bration during the time of the republic is unknown, 
except that Valerius Maximus (ii. 4. § 3) mentions 
games in honour of the mother of the gods. Re- 
specting its celebration at the time of the empire, 
we learn from Herodian (i. 10, 11) that, among 
other things, there was a solemn procession, in 
which the statue of the goddess was carried, and 
before this statue were carried the most costly 
specimens of plate and works of art belonging 
either to wealthy Romans or to the emperors them- 
selves. All kinds of games and amusements were 
allowed on this day ; masquerades were the most 
prominent among them, and every one might, in 
his disguise, imitate whomsoever he liked, and 
even magistrates. 

The hilaria were in reality only the last day of 
a festival of Cybele, which commenced on the 22d 
of March, and was solemnised by the Galli with 
various mysterious rites. (Ovid, Fast. iv. 337, &c.) 
It must, however, be observed that the hilaria are 
neither mentioned in the Roman calendar nor in 
Ovid's Fasti. [L. S-l 

HILAROTRAGOE'DIA. [Thagoedia.] 
HIMATION (Itxatiov). [Pallium.] 
HIPPARCHUS. [Exercitus, p. 487, a.] 
HIPPARMOSTES. [Exercitus, p. 483, b.] 
HT'PPICON (ittTnKov, sc. a-rdStov), a Greek 
measure of distance, equal to four stadia. Accord- 
ing to Plutarch it was mentioned in the laws of 
Solon (Plut. Sol. 23). Hesychius also mentions 
it under the name of 'linreios Spo/xos. (Comp. 
Hipfodromus ; Stadium.) [P. S.] 

HIPPO'BOTAE (iTTTnjgoVai), the feeders of 
horses, was the name of the nobility of Chalcis in 
Euboea, corresponding to the iWeis in other Greek 
states. On the conquest of the Chalcidians by the 
Athenians in B. c. 506, these Hippobatae were 
deprived of their lands, and 4000 Athenian cleruchi 
sent to take possession of them. (Herod, v. 77, 
vi. 100 ; Strab. x. p. 447 ; Plut. Pericl. 23 ; 
Aelian, V. H. vi. 1.) [Colonia, p. 314, a.] 

HIPPODAMEIA ('nnro8dfj.eia, sc. *pya), is an 
adjective derived from the name of the architect 
Hippodamus of Miletus, who is said to have been 
the first of the Greeks who built whole cities on a 
regular architectural plan ; and hence the word is 
applied to such cities, and to the public places and 
buildings in them. Peiraeeus, for example, was 



designed by Hippodamus, and its market-place 
was called 'Iir7ro8a/ieia ayopa (Harpocr. s. v.). 
Hippodamus flourished during the second half of 
the fifth century B. c. (See Did. of Biog. art. 
Hippodamus; Miiller, Arch'dol. d. Kunst, § 
HI.) [P.S.] 

HIPPO'DROMUS (iW8po,uo5) was the name 
by which the Greeks designated the place appro- 
priated to the horse-races, both of chariots and of 
single horses, which formed a part of their games. 
The word was also applied to the races themselves. 

The mode of fighting from chariots, as described 
by Homer, involves the necessity of much previous 
practice ; and the funeral games in honour of 
Patroclus present us with an example of the 
chariot-race, occupying the first and most important 
place in those games. (//. xxiii. 262 — 650.) In 
this vivid description the nature of the contest and 
the arrangements for it are very clearly indicated. 
There is no artificially constructed hippodrome ; 
but an existing land-mark or monument (<ri}/ua, 
331) is chosen as the goal (repfid), round which 
the chariots had to pass, leaving it on the left hand 
(336), and so returning to the Greek ships on the 
sea- shore, from which they had started (365). 
The course thus marked out was so long, that the 
goal, which was the stump of a tree, could only be 
clearly seen by its having two white stones leaning 
against it (327 — 329), and that, as the chariots 
return, the spectators are uncertain which is first 
(450, &c. : the passage furnishes a precedent for 
betting at a horse-race, 485). The ground is a 
level plain (330), but with its natural inequalities, 
which are sufficient to make the light chariots leap 
from the ground (369, 370), and to threaten an 
overthrow where the earth was broken by a 
winter torrent, or a collision in the narrow hollow 
way thus formed (419 — 447). The chariots were 
five in number, each with two horses and a single 
driver (288, &c.) * ; who stood upright in his 
chariot (370). 

In a race of this nature, success would obviously 
depend quite as much on the courage and skill of 
the driver as on the speed of the horses ; a fact 
which Homer represents Nestor as impressing upon 
his son Antilochus in a speech which fully ex- 
plains the chief stratagems and dangers of the 
contest, and is nearly as applicable to the chariot 
races of later times as to the one described by 
Homer (305 — 348). At starting, it was necessary 
so to direct the horses as, on the one hand, to avoid 
the loss of time by driving wide of the straightest 
course, and on the other not to incur the risk of a 
collision in the crowd of chariots, nor to make so 
straight for the goal as to leave insufficient room to 
turn it. Here was the critical point of the race, 
to turn the goal as sharp as possible, with the nave 
of the near wheel almost grazing it, and to do this 
safely : very often the driver was here thrown out, 
and the chariot broken in pieces (334 — 343, 465 
— 468). There was another danger at this point, 
which deserves particular notice as connected with 
the arrangements of the hippodrome of later times. 
As the horse is a very timid animal, it can easily 
be understood that the noise and crush of many 
chariots turning the goal together, with the addi- 

* But Nestor complains of having been once 
beaten by two brothers driving at once, the one 
managing the reins and the other plying the whip 
(638—642). 



HIPPODROMUS. 

tional confusion created by the overthrow of some 
of them, would so frighten some of the horses as to 
make them unmanageable ; and this is expressly 
referred to by Homer (468) 

Among the other disasters, to which the competi- 
tors were liable were the loss of the whip (384) ; 
the reins escaping from the hands (465) ; the 
breaking of the pole (392) ; the light chariot being 
overturned, or the driver thrown out of it, through 
the roughness of the ground, or by neglecting to 
balance the body properly in turning the goal (368, 
369, 417 — 425, 335); and the being compelled 
to give way to a bolder driver, for fear of a colli- 
sion (426 — 437) ; but it was considered foul play 
to take such an advantage (439 — 141, 566 — 611). 
These and similar disasters were no doubt frequent, 
and, in accordance with the religious character of 
the games, they were ascribed to the intervention 



HIPPODROMUS. 



609 



of the deities, whom the sufferer had neglected to 
propitiate (383 — 393, 546, 547). The prizes, as 
in the other Homeric games, were of substantial 
value, and one for each competitor (262 — 270). 
The charioteer accused of foul play was required 
to lay his hand upon his horses, and to swear by 
Poseidon, the patron deity of the race, that he was 
guiltless (581 — 585). 

This description may be illustrated by the fol- 
lowing engraving from an antique Greek vase ; in 
which we see the goal as a mere stone post, with 
a fillet wound round it : the form of the chariots 
are well shown, and the attitude of the drivers ; 
each has four horses, as in the earliest Olympic 
chariot race ; and the vividness of the representa- 
tion is increased by the introduction of the incident 
of a horse having got loose from the first chariot, 
the driver of which strives to retain his place with 
the other. (Panofka, litlder Antikcn Lebcns, pi. 
iii. No. 10.) 




For other representations of the race and its 
disasters, see CiRcf.s, p. 285, CuRRfs, p. 379. 

In no other writer, not even in Pindar, have we 
a description at once so vivid and so minute, of 
the Greek chariot race as this of Homer's ; but it 
may be safely assumed that, with a few points of 
difference, it will (rive us an equally good idea of 
a chariot race at Olympia or any other of the great 
games of Liter times. The chief points of differ- 
ence were the greater compactness of the course, 
in order that a large body of spectators might view 
the race with convenience, and the greater number 
of chariots. The first of these conditions involved 
the necessity of making the race consist of several 
double lengths of the course, instead of only one ; 



the second required some arrangement by which 
the chariots might start without confusion and on 
equal terms. It is now to be seen how these 
conditions were satisfied in the hippodrome at 
Olympia ; of which the only description we possess 
is in two passages of Pausanias (vi. 20, v. 15. § 4). 
Very different explanations have been proposed of 
some important points in those descriptions ; but, 
from want of (■pace, and from a strong conviction 
of what the correct explanation is, we pass over 
the discussion, and give only the result of it, ac- 
cording to the view of Alexandre de la Borde, 
which is adopted by Hirt (fa/ire il. Gebiiwle, pp. 
147 — 150). The following is the ground-plan, 
which Hirt (pi. XX fig. 8) has drawn out from the 




17 



4r 



....•> E 



•'a J 



A 



description of Pausanias. A, II, the sides, C, the 
end <>f the hippodrome, with raised seats for the 
spectators (thr dotted line I) d is the nxis of the 
figure ). a. Place of honour for the mngistrates and 
Bniieiani ; b,d. gateway* ; I), the starting- place ; 
r, its apex ; )\ .</, its curved sides ; /i, i, \c, up to 
/. stations of the chariot*, their directions con- 
Vtlging towards the point E. K, G, the goals, or 
tuming-posU ; II, the spina; />/>, small intervals 



between the spina nnd the goals ; q, the winning 
line ; m, dolphin used as a signal ; n, altar, with 
eagle for signal ; « o o, portico of Agnumplus. 

The general form of the hippodrome wns nil 
oblong, with a semicircular end, nnd with the right 
side. A, somewhat longer than the left, H, for a 
reason to be stated presently. The right side, A, 
wns formed by an artificial mound ; the left, II, by 
the natural slope of a hill. There were (besides 
n r 



610 HIPPODROMUS. 



HIPPODROMUS. 



the starting-place) two entrances to the area, b and 
d, of which the former was probably for the exit 
of disabled chariots and horses, and the latter ap- 
pears to have been for the same purpose as the 
porta triumpltalis in the Roman circus. The base 
of the fourth side, D, was formed by the portico of 
Agnamptus, so called from its builder. At this 
end of the hippodrome was the starting-place 
(a0<=<m), in the form of the prow of a ship, with 
its apex, e, towards the area, and each of its sides 
more than 400 feet long. Along both these sides 
were stalls (oiicrifia.Ta) for the chariots about to 
start, like the carceres in the Roman circus ; and 
it was in the arrangement of these stalls that the 
peculiarity of the Greek starting-place consisted. 
According to the view which we follow, the stalls 
were so arranged, as that the pole of each chariot, 
while standing in its stall, was directed to a normal 
point, E, at which, as nearly as possible, each 
chariot ought to fall into its proper course. As 
this point, E, was necessarily on the right side of 
the area (in order to turn the goal on the left hand), 
and as the corresponding stalls on each side were 
required to be equidistant from the apex, e (as will 
presently be seen) and of course also from the 
point E, it follows that the base of the apliesis 
must have been perpendicular to the line E e, and 
therefore oblique to the axis D d ; and this is the 
reason why the side A was longer than the side 
B. The curvature of the sides of the aphesis,/; g, 
is a conjectural arrangement, assumed as that 
which was probably adopted to give more space to 
each chariot at starting. The front of each stall 
had a cord drawn across it, and the necessary 
arrangements were made for letting these cords fall 
at the right moments. On the signal being given 
for the race to begin, the cords in front of the two 
extreme stalls, h /t, were let fall simultaneously, 
and the two chariots started ; then those of the 
next pair ; and so on, each pair of chariots being 
liberated at the precise moment when those which 
had already started came abreast of their position ; 
and, when all the chariots formed an even line 
abreast of the apex of the aphesis, e, it was a fair 
start. This arrangement of the apheiis was the 
invention of the statuary Cleoetas, and was im- 
proved by Aristeides (perhaps the famous painter ; 
see Hirt, I. &). Cleoetas celebrated his invention 
in an epigram, which he inscribed on the base of 
a statue made by him at Athens : 

°Os t^v iirxacptcnv eV 'OXvfiiria evpaTo irpwros 
Te0|e jue KAeioiras, vlbs 'ApirrTo/cAeous. 

Precisely the same arrangements were made for 
the start in the race of single horses (/ce'A^Tes), 
and in both cases, as in the race described by 
Homer, the stalls were assigned to the competitors 
by lot. How many chariots usually started, can- 
not be determined ; but that the number was 



large is proved by the well-known story, that Alci- 
biades alone sent to one race seven chariots. So- 
phocles (Elect. 701 — 708) mentions ten chariots as 
running at once in the Pythian games ; and the 
number at Olympia was no doubt greater than at 
any of the other games. This is probably the 
reason why the arrangements of a starting-place 
were so much more complicated in the Greek hip- 
podromus than -they were in the Roman circus 
[Circus]. About the centre of the triangular 
area of the aphesis there was an altar, n, of rough 
brick, which was plastered afresh before each 
festival, surmounted by a bronze eagle with out- 
stretched wings ; and above the apex of the 
aphesis was a bronze dolphin, mi As the signal 
for the race to begin, the eagle was made to soar 
aloft, so as to be seen by all the spectators, and 
the dolphin sank to the ground. 

The chariots, thus started, had to pass several 
times round two goals (vvaaai), the distinction 
between which is one of the difficult points in the 
description of Pausanias. On the whole it seems 
most probable that the one which he describes as 
having upon it a bronze statue of Hippodameia, 
holding out the victor's fillet, as if about to crown 
Pelops with it, was the one nearer to the aphesis, 
and abreast of the winning line, F ; and that the 
other, G, round which the chariots made their first 
turn, was that which Pausanias calls " Taraxippus, 
the terror of the horses." This was a round altar, 
dedicated to Taraxippus, who was supposed to 
strike a supernatural terror into the horses as they 
passed the spot, and whom, therefore, the chariot- 
eers sought to propitiate, before the race began, by 
offering sacrifices and making vows at this altar. 
Pausanias gives various accounts as to who this 
Taraxippus was : some modern scholars take the 
word for an appellation of Poseidon Hippius. He 
was similarly honoured in the Isthmian hippo- 
drome. At Nemea there was no such hero, but 
above the turning point of the course there was a 
bright red rock, which was supposed to frighten 
the horses. He adds the remark that, the Olym- 
pian Taraxippus had by far the most powerful 
effect upon the horses ; and considering that the 
number of chariots which joined in the race there 
was greater than at any of the other games, that 
remark affords a pretty clear proof that the ex- 
planation of the supposed supernatural terror is that 
which has been given above in describing the 
Homeric race. There are several vase paintings, 
on which chariots or single horses are exhibited 
turning the goal, which is represented as a Doric 
or Ionic column. (See Panofka, Bilder Antilcen 
Lebens, pi. iii.) One of these is shown in the fol- 
lowing engraving, which exhibits a vivid picture of 
a race of single horses : the last rider has been 
unlucky in turning the goal. 

There is no authority in the account of Pausanias 



HISTRIO. 



HISTRIO. 



Gil 



for the connecting wall, H, between the goals, 
nor does he state that the winning line, q, was 
marked out as a white line ; but these details are 
inserted from the analogy of the Roman circus. 
So also is the oblique position of the line of the 
goals, as compared with the axis of the figure : of 
course the greatest space was required at E, where 
the chariots were all nearly abreast of each other. 

Respecting the dimensions of the Olympic Hip- 
podrome we have no precise information ; but, 
from the length of the measure called Hippicox, 
and on other grounds, it seems probable that the 
distance from the starting-place to the goal, or 
perhaps rather from one goal to the other, was two 
stadia, so that one double course was four stadia. 
How many such double courses made up the whole 
race, we are not informed. The width must have 
been, at least, as great as the length of each side 
of the aphesis, namely, more than 400 feet. There 
does not appear to have been much architectural 
display in the structure, and not many statues. 
The internal area of the aphesis, D, contained 
several altars. 

The chief points of difference between the Greek 
hippodrome and the Roman circu3 are the smaller 
width of the latter, as only four chariots ran at 
once, and the different arrangement of the carceres. 
The periods at which the Olympic horse-races were 
instituted are mentioned under Olyiipia. 

A few other hippodromes in Greece, Syria, and 
Egypt, are mentioned by Pausanias and other 
writers ; but they deserve no special mention. 
(Comp. Krause, (Mpnn. und A'jon. vol. i. pp. 151, 
6ic.) See also Hortus. [P. S.] 

HIPPOPE'RAE (iiTKairfipai), saddle-bags. 
This appendage to the saddle [Ephippium] was 
made of leather (sacculi scortei, Festus, s. r. Iiul- 
<Hie), and does not appear ever to have changed its 
form and appearance. Its proper Latin name was 
bitaccium (Petron. fkil. 31), which gave origin to 
bisaccia in Italian and besuee in French. By the 
Gauls, saddle-bags were called bulijae (Festus, I.e. ; 
Onomust. Or. hit.), because they bulge or swell 
outwards ; this significant appellation is still re- 
tained in the Welsh bub/an or bwlijun. The more- 
elegant term /ii//}nijjerae is adopted bv Seneca 
(fyut. 88). [J. Y.] 

HISTION and IIISTOS (Itt'wv, iVto'j). 
[Mavis.] 

HI'STRIO (un-oKprHji), an actor. 1. Grekk. 
It is shown in the articles Chorus and Dionysia 
that the Greek drama originated in the chorus 
which at the festivals of Dionysus danced around 
his altar, and that at first one person detached 
himself from the chorus, and, with mimic gesticu- 
lation, related his story either to the chorus or in 
conversation with it. If the story thus acted re- 
quired more than one person they were all repre- 
sented in succession by the same actor, and there 
was never more than one person on the stage at 
a time. This custom was retained by Thespis and 
Phrynichus. Hut it was clear that if the chorus 
took an active and independent part in such a play, 
it w.mld have been obliged to leave its original 
and characteristic sphere. Aeschylus therefore 
added a second actor, so that the action and the 
dialogue became in rt •-]>•- 1 m 1 1 1 1 nf tin- churn", and the 
dramatist at the snme time had an opportunity of 
showing two persons in contrast with each other 
on the stage. (ArisloL I'net. ii. 1 4.) Towards the 
close of his career, Aeschylus found it necessary 



to introduce a third actor, as is the case in the 
Agamemnon, Choe'phori, and Eumenides. (Pollux, 
iv. 1 1 0.) This number of three actors was also 
adopted by Sophocles and Euripides, and was but 
seldom exceeded in any Greek drama. In the 
Oedipus in Colonus, however, which was performed 
after the death of Sophocles, four actors appeared 
on the stage at once, and this deviation from the 
general rule was called wapaxoprryil^ (Pollux, 
/. c.) The three regular actors were distinguished 
by the technical names of irpwraymviaTris, Sevrfpa- 
'/aviarris, and TpiTar/uvioTqs (Suidas, I. r. TpiTo- 
yui/i<rrris : Demosth. de Coron. p. 315, de Fals. 
Leg. p. 344 and 403), which indicated the more or 
less prominent part which an actor had to perform 
in the drama. Certain conventional means were 
also devised, by which the spectators, at the mo- 
ment an actor appeared on the stage, were enabled 
to judge which part he was going to perform ; thus, 
the protagonistes always came on the stage from a 
door in the centre, the deuteragonistes from one on 
the right, and the tritagonistes from a door on the 
left hand side. (Pollux, iv. 124.) The protagonistes 
was the principal hero or heroine of a play, in 
whom all the power and energy of the drama w< re 
concentrated ; and whenever a Greek drama is 
called after the name of one of its personac, it is 
always the name of the cliaractor which was per- 
formed by the protagonistes. The deuteragonistes, 
in the pieces of Aeschylus for two actors, calls 
forth the various emotions of the protagonistes 
either by friendly sympathy or by painful tidings, 
&c. The part of a tritagonistes is represented by 
some external and invisible power, by which the 
hero is actuated or caused to suffer. When a 
tritagonistes was added, the part assigned to him 
was generally that of an instigator who was the 
cause of the sufferings of the protagonistes, while 
he himself was the least capable of depth of feeling 
or sympathy. The deuteragonistes in the dramas 
for three actors is generally distinguished by lofti- 
ness and warmth of feeling, but has not its depth 
and vehemence peculiar to the protagonistes, and 
thus serves as a foil to set forth the character of 
the chief hero in its most striking and vivid colours. 
(MUller, Hist of Greek Lit. i. p. 305, fee. ; compare 
Bottiger, De Actoribus 1'rimarum, Secund. ct Tert. 
Partium.) 

The female characters of a play were always 
performed by young men. A distinct class of 
persons, who made acting on the stage their pro- 
fession, was unknown to the Greeks during the 
period of their great dramatists. The earliest and 
greatest dramatic poets, Thespis, Mclanlhius, So- 
phocles, and probably Aeschylus also, acted in 
their own plays, and in all probability as protago- 
nistae. We also know of several instances in 
which distinguished Athenian citizens appeared on 
the stage, and Aeschincs, the orator, did not scruple 
to act the part of tritagonistes. (Demosth. I.e.) 
These circumstances show that it was by no means 
thought degrading in Greece to perform as an 
actor, and that no stigma whatever was attached 
to the name of a man for his appearing on the 
stage. Had actors, howewr, to whatever station 
in life they In -longed, were not, on that account, 
spared ; and the general mode of showing dis- 
pleasure on the part of the spectators seems to have 
been by whistling. (I) ninsth. lie (urnn. p. 315.) 
It appears that when the spectators showed their 
displeasure in too offensive or insulting a manner, 
R ]l '1 



G] 2 HISTRIO. 
the actors would sometimes attack the most forward 
of the audience, and quarrels of this kind ended 
not unfrequently in blows and wounds. (Demosth. 
de Coron. p. 314, de Fals. Leg. p. 449 ; Andocid. 
c.Alcib. p. 121 ; Athen. ix. p. 406.) At a later 
period, however, persons began to devote them- 
selves exclusively to the profession of actors, and 
distinguished individuals received even as early as 
the time of Demosthenes exorbitant sums for their 
performances. Various instances are mentioned in 
Bb'ckh's Publ. Earn, of Athens, p. 120, &c. At 
the time when Greece had lost her independence, 
we find regular troops of actors, who were either 
stationary in particular towns of Greece, or wan- 
dered from place to place, and engaged themselves 
wherever they found it most profitable. They 
formed regular companies or guilds, with their 
own internal organisation, with their common offi- 
cers, property, and sacra. We possess a number 
of inscriptions belonging to such companies, with 
decrees to honour their superiors, or to declare their 
gratitude to some king by whom they had been en- 
gaged. But these actors are generally spoken of 
in very contemptuous terms ; they were perhaps in 
some cases slaves or freedmen, and their ordinary 
pay seems to have been seven drachmae for every 
performance. (Lucian, Icaromen. 29, de Merced. 
Cond. 5 ; Theophrast. Charact. 6.) 

(Compare Miiller, Hist, of Greek Lit. i. p. 304, 
&c. ; Becker, ChariMes, ii. p. 274 ; Bode, Gesch. 
der Dram. Dichtkunst der Hellenen, 2 vols. 1839 
and 1840.) 

2. Roman. The word histriones, by which the 
Roman actors were called, is said to have been 
formed from the Etruscan hister which signified a 
ludio or dancer. (Liv. vii. 2 ; Val. Max. ii. 4. § 4 ; 
compare Plut. Quaest. Rom. p. 289, c.) In the 
year 364 b. c. Rome was visited by a plague, and 
as no human means could stop it, the Romans are 
said to have tried to avert the anger of the gods 
by scenic plays (ludi scenici), which, until then, 
had been unknown to them ; and as there were no 
persons at Rome prepared for such performances, 
the Romans sent to Etruria for them. The first 
histriones who were thus introduced from Etruria, 
were dancers, and performed their movements to 
the accompaniment of a flute. That the art of 
dancing to this accompaniment should have been 
altogether unknown to the Romans is hardly credi- 
ble ; the real secret must have been in the mode 
of dancing, that is, in the mimic representations of 
the dancers, such as they are described by Diony- 
sius (Antiq. Rom. vii. 72) and Appian (viii. 66). 
That the Etruscans far excelled the Romans in 
these mimic dances, is more than probable ; and 
we find that in subsequent times also, a fresh sup- 
ply of Etruscan dancers {histriones) came to Rome. 
(MUller, Etrusk. iv. 1. 6.) Roman youths after- 
wards not only imitated these dancers, but also 
recited rude and jocose verses, adapted to the 
movements of the dance and the melody of the flute. 
This kind of amusement, which was the basis of 
the Roman drama, remained unaltered until the 
time of Livius Andronicus, who introduced a slave 
upon the stage for the purpose of singing or reciting 
the recitative, while he himself performed the ap- 
propriate dance and gesticulation. [Canticum.] 
A further step in the development of the drama, 
which is likewise ascribed to Livius, was, that the 
dancer and reciter carried on a dialogue, and acted 
a story with the accompaniment of the flute. (See 



HISTRIO. 

Gronov. ad Liv. I. c.) The name histrio, which 
originally signified a dancer, was now applied to 
the actors in the drama. The atellanae were 
played by freeborn Romans, while the regular 
drama was left to the histriones who formed a 
distinct class of persons. It is clear from the words 
of Livy, that the histriones were not citizens ; that 
they were not contained in the tribes, nor allowed 
to be enlisted as soldiers in the Roman legions ; 
and that if any citizen entered the profession of 
histrio, he, on this account, was excluded from his 
tribe. Niebuhr (Hist, of Rome, i. p. 520, note 
1150) thinks differently, but does not assign any 
reason for his opinion. The histriones were there- 
fore always either freed-men, strangers, or slaves, 
and many passages of Roman writers show that they 
were generally held in great contempt. (Cic. pro 
Arch. 5 ; Corn. Nep. Praefat. 5 ; Sueton. Tib. 35.) 
Towards the close of the republic it was only such 
men as Cicero, who, by their Greek education, 
raised themselves above the prejudices of their 
countrymen, and valued the person no less than 
the talents of an Aesopus and Roscius. (Macrol). 
Sat. ii. 10.) But notwithstanding this low esti- 
mation in which actors were generally held, dis- 
tinguished individuals among them attracted im- 
mense crowds to the theatres, and were exorbitantly 
paid. (Cic. c. Verr. iv. 16.) Roscius alone re- 
ceived every day that he performed one thousand 
denarii, and Aesopus left his son a fortune of 
200,000 sesterces, which he had acquired solely 
by his profession. (Macrob. /. c.) The position of 
the histriones was in some respects altered during 
the empire. By an ancient law the Roman magis- 
trates were empowered to coerce the histriones at 
any time and in any place, and the praetor had the 
right to scourge them (jus virgarum in histriones). 
This law was partly abolished by Augustus, in as 
far as he did entirely away with the jus virgarum, 
and confined the interference of the magistrates to 
the time when, and the place where (ludi et scena) 
the actors performed. (Tacit. Ar.nal. i. 77.) But 
he nevertheless inflicted very severe punishments 
upon those actors who, either in their private life 
or in their conduct on the stage, committed any 
impropriety. (Suet. Aug. 45.) After these re- 
gulations of Augustus the only legal punishments 
that could be inflicted upon actors for improper 
conduct, seem to have been imprisonment and 
exile. (Tacit. Annal. iv. 14, xiii. 28.) The jus 
virgarum is indeed said to have been restored to 
the praetor by a law of Augustus himself (Paull. 
Sent. v. tit. 26), not expressly, but by the inter- 
pretation put upon this law by the jurists. But 
this interpretation cannot have become valid till 
after the reign of Tiberius, of whom it is clearly 
stated that he refused to restore the jus virgarum, 
because it had been abolished by his predecessor. 
(Tacit. Annal. i. 77.) These circumstances, and 
the favour of the emperors, increased the arrogance 
and the loose conduct of the histriones, and the 
theatres were not seldom the scenes of bloody 
fights. Hence Tiberius on one occasion found him- 
self obliged to expel all histriones from Italy 
(Tacit. Annal. iv. 14 ; Dion Cass. lix. 2) ; but 
they were recalled and patronised by his successor. 
(Dion Cass. lix. p. 738.) Some of the later em- 
perors were exceedingly fond of histriones, and 
kept them for their private amusement (histriones 
aulici, Spartian. Hadrian, c. 19 ; Jul. Capitol. 
Verus, c. 8). They performed at the repasts of 



HOMOEI. 



HONORES. 



613 



the emperors (Sueton. Aug. 74), and were occa- 
sionally allowed also to play in the theatres before 
the people ( publicabautur) . In the Digest (3. tit 2. 
s. 1) we read that all actors were infamous. From 
the time of Tacitus the word histrio was used as 
synonymous with pantomimus. (Botticher, Lex. 
Tacit, p. 233.) 

Respecting the ordinary pay which common 
actors received during the time of the republic no- 
thing is known. The pay itself was called hear 
(Tacit Annul, i. 77 ; Plut Quaest. Rom. p. 285, c ; 
Festus, s. rv. lucarnud pecunia) ; which word was 
perhaps confined originally to the payment made to 
those who took part in the religious services cele- 
brated in groves. In the times of the empire it 
seems that five denarii (Senec. Epist. 80), or, ac- 
cording to others (Lucian. Icaromen. c. 29), seven 
drachmae, was the common pay for a histrio for 
one performance. Several emperors found it neces- 
sary to restrict the practice of giving immoderate 
sums to actors. (Tacit /. c.; Suet Tib. 34.) The 
emperor M. Antoninus, who was fond of all his- 
trionic arts, ordained that every actor should re- 
ceive five aurei, and that no one who gave or con- 
ducted theatrical representations should exceed the 
sum of ten aurci. (Jul. Capitol. M. Anton, c. 11 ; 
compare Schol. ad Juvenal, vii. 243.) But it is 
not clear whether in this regulation the payment 
for one or more performances is to be understood. 
These sums were either paid by those who en- 
gaged the actors to play for the amusement of the 
people, or from the fiscus. (Lipsius, Exam. N. ad 
Tacit. Annal. i.) Besides their regular pay, how- 
ever, skilful histriones received from the people 
gold and silver crowns which were given or thrown 
to them upon the stage. (Phaedr. Fab. v. 7. 36 ; 
Plin. H. N. xxL 3.) [L. S.] 

IIODOPOEI (oSoiroiof), public officers at 
Athens, who had to take care of the roads (oi 
oJei* imi/UKifraL, Phot. I<ex. s. r.) They are men- 
tioned in the fragment of a comic poet of the time 
of Pericles (Plut. Praec. Pol. c. 15) ; but in the 
time of Aeschines their duties were discharged by 
the managers of the Theoric fund. (Aesch. c. 
Cleg, p. 4 ID, Reiskc ; comp. Bockh, J'ubt. Earn, of 
Allien*, p. 203, 2nd ed.) 

IIOLOSE'RICA VESTIS. [Sericum.] 

HOLOSPH Y' RATON, HO LOSPH Y R E'- 
LATA. [Mallidi ; Mktalla.] 

BOMOEl (3/xoioi), the Equals, were those 
Spartans who possessed the full rights of citizen- 
ship, and are opposed to the inrofifioyfs, or those 
who had undergone some kind of civil degrada- 
tion. (Xen. de Hep. Ijirril. x. 4. s. 7, l/etlcn. iii. 
3. § 5 ; Arist I'ol. ii. 6. §21.) This distinction 
between the citizens was no part of the ancient 
Spartan constitution, and is not mentioned by any 
writer before Xcnophon ; and Aristotle simply 
makes a later institution applicable to an early 
time, when he speaks of the Partheniac as belong- 
ing to the Homoei (I'ol. v. 6. §1). In the in- 
Itltation ascribed to Lycurgus, every citizen had a 
certain portion of land ; but as in course of time 
many citizens lost their lands through various 
causes, they were unable to contribute to the ex- 
penses of the syssitin, and therefore ceased to 
possess the full rights of Spartan citizens. Hence 
tin- distinction appears to have arisen between the 
Spmoi and uiro/Miorst, the former being those who 
were in the possession of their land, nnd conse- 
quently able to contribute to the syssitin, the 



latter those who through having no land were un- 
able to do so. (Comp. Arist. Pol. ii. G. §21, ii. 
7. § 4.) Those persons likewise, who did not 
adopt the Spartan mode of life or had disgraced 
themselves by any base act, were also reduced to 
the condition of (nrofietovcs, even if they possessed 
the requisite landed property (Xen. de Rep. Lac. 
x. 4. s. 7 ; Plut Inst. Lae. 21 ; Teles, ap. Stob. 
Floril. xL p. 233) ; but as the severity of the an- 
cient Spartan manners decayed, the possession of 
property became the chief test to a place among 
the Homoei. The Homoei were the ruling class 
in the state, and they obtained possession of 
almost all the privileges and exclusive rights which 
the legislation of Lycurgus conferred upon the 
Spartan citizens. They filled all the public offices 
of the state with the exception of the Ephoralty, 
and they probably met together to determine upon 
public affairs under the name of ck/cAijtoi in an 
assembly of their own, which is called y piKpa 
eVicA.7j£ria, to distinguish it from the assembly of 
the whole body of Spartan citizens. (Hermann, 
Le/irb. d. Griee/i. Staatsalteiih. §47 ; Id. de C'on- 
ditione atque Origine eorum qui Homoei ap. Laeed. 
dicebantur, Marburg, 1832 ; Schbmann, Ariliq. 
Jur. Pub'. Grace p. 119.) 

HONORA'RIA ACTIO. [Actio.] 
HOXORA'RII LUDI. [Ludl] 
HONORA'RIUM. [Advocatus; Lex 
Cincia.] 

HONORA'RIUM JUS. [Edictum.] 
HONO'RES. Cicero ( Top. c. 20) speaks of the 
" honores populi," and Horace (Serm. i. 6. 5) 
speaks of the populus 

" qui stultus honores 
Saepe dat iudignis." 

In both passages the word "honores" means the 
high offices of the state to which qualified indi- 
viduals were called by the votes of the Roman 
citizens. Cicero calls the quacstorship " honor " 
(sec also Liv. vi. 39) ; and the words "magistratus " 
and * honores " are sometimes coupled together. 
The capacity of enjoying the honores was one of the 
distinguishing marks of citizenship. [Civitas.] 
In Sulla's proscription (Veil. Pat. ii. 28), there 
was a clause that the children of the proscribed 
"pctendorum honorum jure prohibcrentur." 

There appears to be no exact definition of honor 
earlier than in the jurists whose writings .ire ex- 
cerpted in the Digest " Honor municipals is 
defined to be " administrate reipublicae cum dig- 
nitatis gradu, sive cum sumptu, sivc sine eroga- 
tionc contingent." Munus was either publicum 
or privatum. A publicum munus was concerned 
about administration (in administranda rejiuUicu), 
and was attended with cost (mimptua) but not 
with rank (dignitas). "Honor" was properly said 
" deferri," "dari;" munus was said " imponi." 
Cicero ('A Or. i. I.'i) the plmme " hoiioribus 

et reipublicae muneribus perfunctum," to signify 
one who has attnined all the honours that his state 
can give, nnd discharged all the duties which can 
be required from a citizen. A person who held a 
magistratus might be said to discharge munern, 
but only as incident to the office (magnificrntiaimo 
munrrr an/ditati> firr/uiirluj, Cic. «</ /■'am. xi. 17), 
tat the office itself was the honor. Such inunera 
II the«e were public games and other things of 
the kind. (Dig. 50. tit 4. lit Muiieribiu et llo- 
norihui.) [Q, L.] 

It n 3 



61-1 



HORA. 



HOM. 



HOPLI'TAE (oTrATrai). [Arma ; Exer- 

CITUS.] 

HOPLOMACHI. [Gladiatores, p. 575, b.] 
HORA («pa), in the signification of hour, that 
is, the 12th part of the natural day, did not come 
into general use among the ancients until about the 
middle of the second century B. c. The equinoc- 
tial hours, though known to astronomers, were not 
used in the affairs of common life till towards the 
end of the fourth century of the Christian era. 
As the division of the natural day into twelve 
equal parts, both in summer and winter, rendered 
the duration of the hours longer or shorter accord- 
ing to the different seasons of the year, it is not 
eas}% with accuracy, to compare or reduce the hours 
of the ancients to our equinoctial hours. The 
hours of an ancient day would only coincide with 
the hours of our day at the two equinoxes. [Dies 
and Horologium.] As the duration of the natural 
day, moreover, depends on the polar altitude of a 
place, our natural days would not coincide with 
the natural days in Italy or Greece. Ideler, in his 
Handbuch der Chronologic, has given the following 
approximate duration of the natural days at Rome, 
in the year 45 B. c, which was the first after the 
new regulation of the calendar by J. Caesar ; the 
length of the days is only marked at the eight 
principal points in the apparent course of the sun. 

Days of the year. Their duration in 

45 B. c. equinoctial hours. 

Dec. 23 8 hours 54 minutes. 



Feb. 6 . . . 


9 


33 


50 


39 


March 23 . . 


. . 12 ' 


99 







May 9 . . . 


. ; u 


93 


10 


33 








6 




August 10 . . 
Sept. 25 . . 


. . 14 


33 


10 


99 


. . 12 


33 





39 


Nov. 9 . . . 


. . 9 


93 


50 


33 



The following table contains a comparison of the 
hours of a Roman natural day, at the summer and 
winter solstice, with the hours of our day. 

SUMMER-SOLSTICE. 



Roman Hours. Modern Hours. 



1st h 


our . 


4 


o'clock, 27 


minutes 


seconds 


2d 


55 


5 


55 


42 


55 


30 „ 


3rd 


55 


6 


55 


58 







4th 


55 


8 


55 


13 




30 „ 


5th 




9 


55 


29 


55 


» 


6th 




10 


55 


44 


30 „ 


7th 


55 


12 


55 





55 


55 


8th 


55 


1 


55 


15 


55 


30 „ 


9th 


55 


2 


55 


31 


55 


„ 


10th 


55 


3 


55 


46 


55 


30 „ 


11th 


55 


5 


55 


2 


55 


„ 


12th 




6 




17 


55 


30 „ 


id of the day 


7 




33 


55 


„ 



WINTER-SOLSTICE. 

Roman Hours. Modern Hours. 

1st hour . 7 o'clock, 33 minutes seconds 



2d 


55 


. 8 „ 


17 


53 


30 


93 


3rd 




• 9 „ 


2 


35 





95 


4th 


55 


• 9 „ 


46 




30 


33 


5th 


55 


• 10 „ 


31 


93 





39 


6th 


55 


. 11 • „ 


15 


33 


30 


39 


7th 




. 12 ., 





59 





93 


8th 


55 


. 12 „ 


44 


33 


30 




9th 


55 


• 1 „ 


29 


33 





33 


10th 


55 


• 2 „ 


13 


39 


30 


33 



Roman Hours. Modern Hours. 

11th hour . 2 o'clock, 58 minutes seconds. 

12th „ . 3 „ 42 „ 30 „ 

End of the day 4 „ 27 „ „ 

The custom of dividing the natural day into 
twelve equal parts or hours lasted, as we have ob- 
served, till a very late period. The first calenda- 
rium in which we find the duration of day and 
night marked according to equinoctial hours, is the 
calendarium rusticum Farnesianum. (Ideler, Hand- 
buch der Chron. ii. p. 139, &c. ; Graev. Thesaur. 
Ant. Rom. viii.) 

Another question which has often been discussed, 
is whether in such expressions as prima, altera, 
tertia, hora, &c, we have to understand the hour 
which is passing, or that which has already elapsed. 
From the construction of ancient sun-dials on which 
the hours are marked by eleven lines, so that the 
first hour had elapsed when the shadow of the 
gnomon fell upon the first line, it might seem as if 
hora prima meant after the lapse of the first hour. 
But the manner in which Martial (iv. 8), when 
describing the various purposes to which the hours 
of the day were devoted by the Romans, speaks of 
the hours, leaves no doubt that the expressions 
prima, altera, tertia hora, &c, mean the hour which 
is passing, and not that which has already elapsed. 
(Becker, Gallus, vol. i. p. 184, &c.) [L. S.] 

HORCUS (SpKOs). [Jusjurandum.] 

HORDEA'RIUM AES. [Aes Hordearium.] 

HORI (6poi),were stone tablets or pillars placed 
on mortgaged houses and lands at Athens, upon 
which the debt and the creditor's name were in- 
scribed, and also the name of the archon epony- 
mus in whose year the mortgage had been made. 
(Harpocrat. s.v. "Opos and "Acttiktov: Pollux, iii. 
85, ix. 9.) The following inscription upon an 
opos, found at Acharnae, is taken from Bockh {Corp. 
Inscrip. i. p. 484):- — 'E7rl @€o<ppdcrTov apxovros, 
'6pos %tt;pi'ou ti^tjs evotptiXofiivris ^auoarpdrtf 
Tlaiav (ie?) xx, that is, Skt^iAicuv Spaxp.<H>". It ap- 
pears that the estate had been bought of Phano- 
stratus, but that the purchase-money, instead of 
being paid, was allowed to remain on mortgage. 

When the estate of an orphan was let by the 
archon and his guardian [Epitropus], the per- 
son to whom it was let was obliged to hypothe- 
cate a sufficient piece of ground or other real 
property, which was called aworijj.t]jxa : and upon 
this an opos was placed, bearing an inscription to 
that effect, as in the following example, which is 
taken from an opos found upon the plain of Mara- 
thon (Bockh, p. 485) : — "Opos x a P wv Ka ^ olidas, 
aTvoTifiriixa ivatSl bp(pav<£ Awyeirovot HpoSa- 
(Xiawv). (Compare Isaeus, Philoct. Jtered. p. 141.) 
"Opoi were also placed upon houses and lands on 
account of money due to a husband for the dowry 
of his wife (Dem. c. Spud. p. 1029. 21), and also 
upon the property which a husband was obliged to 
give as a security for the dowry which he received 
with his wife. (Dem. c. Onetor. ii. p. 877.) 

The practice of placing these opoi upon property 
was of great antiquity at Athens : it existed before 
the time of Solon, who removed all stones standing 
upon estates, when he released or relieved the 
debtors. (Plut. Sol. 1 5.) 

(Bockh, Publ. Econ. of Alliens, p. 129, 2nd ed. 
Corp. Inscrip. i. p. 484 ; Museum Criticum, No. 
viii. p. 622 ; Herald. Observ. ad J. A. et R. 
p. 216 ; Meier, Att. Process, p. 506.) 



HOROLOGIUM. 

HOROLO'GIUM (iipo\6yiov) was the name 
of the various instruments by means of which the 
ancients measured the time of the day and night. 
The earliest and simplest horologia of which men- 
tion is made, were called irdAos and yv&fiwv. 
Herodotus (ii. 109) ascribes their invention to the 
Babylonians ; Phavorinus {ap. Diog. Laert. ii. 1. 
3 ; compare Suidas, s. v. Tvufuav and 'Ava£lfmv- 
Spos ) to Anaximander ; and Pliny (//. X. ii. 76) 
to his disciple Anaximenes. Herodotus mentions 
the xdAos and yvd/icov as two distinct instruments. 
Both, however, divided the day into twelve equal 
parts, and were a kind of sun-dial. The yvwpuv, 
which was also called aroix^o", was the more 
simple of the two, and probably the more ancient. 
It consisted of a staff or pillar standing perpen- 
dicular, in a place exposed to the sun (aKiufrnpov), 
so that the length of its shadow might be easily 
ascertained. The shadow of the gnomon was 
measured by feet, which were probably marked on 
the place where the shadow felL (Hesych. s. p. 
'Emavovs aula and 5uSeKairo5os : Pollux, i. 7*2.) 
The gnomon is almost without exception mentioned 
in connection with the fietirvov or the bath ; and 
the time for the former was towards sunset, or 
at the time when the shadow of the gnomon mea- 
sured ten or twelve feet. ( Aristoph. Eccles. 652, with 
the Schol. ; Pollux, I.e. ; Menander, ap. Athen. vL 
p. 243 ; Hesych. s. v. bacairovv 2toix«">c.) The 
longest shadow of the gnomon, at sunrise and sun- 
set, was generally 12 feet, but in some cases 24 
feet, so that at the time of the otiwov it was 20 
feet. (Eubulides, ap. Athen. L p. ft.) The time 
for bathing was when the gnomon threw a shadow 
of six feet. (Lucian, Cronos, c. 17, Somn, s. Gall. 
c. 9.) In later times the name gnomon was applied 
to any kind of sun-dial, especially its linger, which 
threw the shadow, and thus pointed to the hour. 
Even the clepsydra is sometimes called gnomon. 
(Athen. iL p. 4*2.) 

The gnomon was evidently a very imperfect in- 
strument, and it was impossible to divide the day 
into twelve equal spaces by it. This may be the 
reason that we find it only used for such purposes 
as arc mentioned above. The w<5Aor or 7)kiorp6- 
■wioy, on the other hand, seems to have been a more 
perfect kind of sun-dial ; but it appears, neverthe- 
less, not to hare been much used, as it is but seldom 
mentioned. (Aristoph. ap. Poliue. ix. 5.) It con- 
sisted of a basin (\acavi $), in the middle of which 
the perpendicular stall or finger (yvwpuov) was 
erected, and in it the twelve parts of the day were 
marked by lines. (Alciphron, JCpist. iii. 4 ; Lucian, 
Ltxijih. c 4.) 

Another kind of horologium was the rlrjisydra 
(KAtipvopa). It derived its name from Khiitruv 
and i/Swp, as in it, original and simple form it con- 
sisted of a vessel with several little openings 
(Tpurtifiara) at the bottom, through which the 
water contained in it escaped, as it were, by 
stealth. This instrument seems as first to have 
been used only for the purpose of measuring the 
time during which persons were allowed to speak 
in the courts of justice at Athens. The time of its 
invention or introduction is not known ; but in the 
age of Aristophanes (see Ac/tarn. 653, Vewp. 93 
and 1!27) it appears to have been in common use. 
Its form and construction may be seen very clearly 
from a passage of Aristotle (Problem, xvi. 11). The 
clepsydrn was a hollow globe, proliably some- 
what flat at the top part, where it had a short 



HOROLOGIUM. 615 
neck (auAd's), like that of a bottle, through which 
the water was poured into it This opening might 
be closed by a lid or stopper (iricfia), to prevent 
the water running out at the bottom. The clepsy- 
dra which Aristotle had in view was probably not 
of glass or of any transparent material, but of 
bronze or brass, so that it could not be seen in 
the clepsydra itself what quantity of water had 
escaped. As the time for speaking in the Athenian 
courts was thus measured by water, the orators 
frequently use the term vSccp instead of the time 
allowed to them (iv r<p ipip vSari. Demosth. de 
Coron. p. 274 ; iav iyxupfi to uScup, c. Leoch. p. 
1094). Aeschines (c. Ctesiph. p. 587), when de- 
scribing the order in which the several parties 
were allowed to speak, says that the first water 
was given to the accuser, the second to the accused, 
and the third to the judges. An especial officer 
(& i<p' vSaip) was appointed in the courts for the 
purpose of watching the clepsydra, and stopping it 
when any documents were read, whereby the 
speaker was interrupted ; and it is to this officer 
that Demosthenes (c. Steph. i. p. 1 103) calls out : 
(Tv S'e iirt\aSe to vSwp. The time, and conse- 
quently the quantity of water allowed to a speaker 
depended upon the importance of the case ; and we 
are informed that in a ypa<ph ^apaTrpeaSeias the 
water allowed to each party amounted to eleven 
amphorae (Aeschin. de Fah.Lerj. § 126), whereas 
in trials concerning the right of inheritance only 
one amphora was allowed. (Demosth. c. Macart. 
p. 1502.) Those actions in which the time was 
thus measured to the speakers are called by Pollux 
(viii. 113) Si'koi npos vh'wp \ others are termed 
ZiKtu &veu vSaros, and in these the speakers were 
not tied down to a certain space of time. The 
only instance of this kind of actions of which we 
know, is the ypacpr) Kaxwafus (Harpocrat. s. v. 

(COKWO'IS). 

The clepsydra used in the courts of justice how- 
ever was, properly speaking, no horologium ; but 
smaller ones, made of glass, and of the same simple 
structure, were undoubtedly used very early in 
families for the purposes of ordinary life, and for 
dividing the day into twelve equal parts. In these 
glass-clcpsydrac the division into twelve parts must 
have been visible, cither on the glass-globe itself, or 
in the basin into which the water flowed. These 
instruments, however, did not show the time quite 
correctly all the year round ; first, because the 
water ran out of the clepsydra sometimes quicker 
and sometimes slower, according to the different 
temperature of the water (Athen. ii. p. 42 ; Pint. 
Quaesl. Natur. c. 7) ; and secondly, because the 
length of the hours varied in the different seasons 
of the year. To remove the second of these de- 
fects the inside of the clepsydra was covered with 
a coat of wax during the short i days, and when 
they became longer the wax was gradually taken 
away again. (Aen. Tact. c. 22.) Plato is said to 
have used a WKJtpiv&v wpoK&yiov in the shape of a 
large clepsydra, which indicated the hours of tin- 
night, and seems to have been of a compllrnted 
structure. (Athen. iv. p. 171.) This instance 
shows that at an early period improvements wen- 
made on the old and simple clepsydra. But all 
these improvements were excelled by the ingeni- 
ous invention of Ctesibius, a celebrated mathema- 
tician of Alexandria (about 135 it. ( .). It is called 
iipo\6y tov uopavAiKOv, and is described by Vitni- 
vius (ix. 9 ; compare Athen. /. c). Water was 
K B 4 



616 HOROLOGIUM. 



HOROLOGIUM. 



made to drop upon wheels which were thereby 
turned. The regular movement of these wheels 
was communicated to a small statue, which, gra- 
dually rising, pointed with a little stick to the 
hours marked on a pillar which was attached to 
the mechanism. It indicated the hours regularly 
throughout the year, but still required to be often 
attended to and regulated. This complicated clep- 
sydra seems never to have come into general use, 
and was probably only found in the houses of very 
wealthy persons. The sun-dial or gnomon, and a 
simpler kind of clepsydra, on the other hand, were 
much used down to a very late period. The twelve 
parts of the day were not designated by the name 
&pa until the time of the Alexandrian astrono- 
mers, and even then the old and vague divisions, 
described in the article Dies, were preferred in the 
affairs of common life. At the time of the geo- 
grapher Hipparchus, however (about 1 50 B. a), it 
seems to have been very common to reckon by hours. 
(Comp. Becker, Charikles, vol. ii. p. 490, &c.) 
There is still existing, though in ruins, a horo- 




logical building, which is one of the most interest- 
ing monuments at Athens. It is the structure 
formerly called the Tower of the Winds, but now 
known as the Horological Monument of Andronicus 
Cyrrliestes (see Diet, of Biog. s. v.). It is ex- 
pressly called horologium by Varro (R. R. iii. 5. 
§ 17). This building is fully described by Vitru- 
vius (i. 6. § 4), and the preceding woodcuts show 
its elevation and ground plan, as restored by Stuart. 
(Antiq. of Athens, vol. i. c. 3.) 

The structure is octagonal ; with its faces to the 
points of the compass. On the N.E. and N.W. 
sides are distyle Corinthian porticoes, giving access 
to the interior ; and to the south wall is affixed a 
sort of turret, forming three quarters of a circle, to 
contain the cistern which supplied water to the 
clepsydra in the interior. On the summit of the 
building was a bronze figure of a Triton, holding a 
wand in his hand ; and this figure turned on a 
pivot, so that the wand always pointed above that 
side of the building which faced the wind then 
blowing. The directions of the several faces were 
indicated by figures of the eight winds on the frieze 
of the entablature. On the plain wall below the 
entablature of each face, lines are still visible, 
which, with the gnomons that stood out above 
them, formed a series of sun-dials. In the centre 
of the interior of the building was a clepsydra, the 
remains of which are still visible, and are shown 
on the plan, where the dark lines represent the 
channels for the water, which was supplied from 
the turret on the south, and escaped by the hole 
in the centre. 

The first horologium with which the Romans be- 
came acquainted was a sun-dial (solarium, or horo- 
logium sciothericum), and was, according to some 
writers, brought to Rome by Papirius Cursor twelve 
years before the war with Pyrrhus, and placed before 
the temple of Quirinus (Plin. ff.N.vii. 60) ; others 
stated that it was brought to Rome at the time of the 
first Punic war, by the consul M. Valerius Messala, 
and erected on a column behind the Rostra. But 
this solarium being made for a different latitude 
did not show the time at Rome correctly. Ninety- 
nine years afterwards, the censor Q. Marcius Philip- 
pus erected by the side of the old solarium a new 
one, which was more carefully regulated according 
to the latitude of Rome. But as sun-dials, however 
perfect they might be, were useless when the sky 
was cloudy, P. Scipio Nasica, in his censorship, 
159 B. c, established a public clepsydra, which in- 
dicated the hours both of day and night. This 
clepsydra was in aftertimes generally called sola- 
rium. (Plin. H. N. vii. 60 ; Censorin. de Die Nat. 
c. 23.) The word hora for hour was introduced 
at Rome at the time when the Romans became ac- 
quainted with the Greek horologia, and was in this 
signification well known at the time of Plautus. 
(Pseudol. v. 2. 10.) After the time of Scipio 
Nasica several horologia, chiefly solaria, seem to 
have been erected in various public places at Rome. 
A magnificent horologium was erected by Augustus 
in the Campus Martius. It was a gnomon in the 
shape of an obelisk ; but Pliny (H. N. xxxvi. 10) 
complains that in the course of time it had become 
incorrect. Another horologium stood in the Circus 
Flaminius. (Vitruv. ix. 9. 1.) Sometimes solaria 
were attached to the front-side of temples and basi- 
licae. (Varro, de Ling. Lat. vi. 4 ; Gruter, Inscript. 
vi. 6.) The old solarium which had been erected 
behind the Rostra seems to have existed on that 




HOROLOGIUM. 



HOROSCOPUS. 



617 



spot till a very late period, and it would seem that 
the place was called ad Solarium, so that Cicero 
uses this expression as synonymous with Rostra 
or Forum (pro Quinct. 18, ad Ilerenn. iv. 10). 
Horologia of various descriptions seem also to have 
been commonly kept by private individuals (Cic. 
ad Fam. xvi. 18) ; and at the time of the emperors, 
the wealthy Romans used to keep slaves whose 
special duty it was to announce the hours of the day 
to their masters. (Juven. x. 215 ; Mart. viiL 67 ; 
Petron. 26.) 

From the number of solaria which have been 
discovered in modern times in Italy, we must infer 
that they were very generally used among the 
ancients. The following woodcut represents one 
of the simplest horologia which have been dis- 
covered ; it seems to bear great similarity to that, 
the invention of which Vitruvius ascribes to 
Berosus. It was discovered in 1741, on the hill 
of Tusculum, among the ruins of an ancient villa, 
and is described by Gio. Luca Zuzzeri, in a work 
entitled D' 1 una antica villa scoperta sul dosso del 
TujicuIo, e d'un antico orologio a sole, Vcnezia, 




174o', and by (J. II. Martini, in his AUiandlung 
ro/i dm Simuenuhren der A/ten, Leipzig, 1777, 
p. 4 ft, &c 

The following woodcut shows the same solarium 
as restored by Zuzzcri. 



H 




The breadth as well as the height (A (), and 

I' A i ,-ir- -mi .\ ti.it in. if- than ri^'lit inches; ami 

the length (A II) a little more than sixteen inches. 
The nurfoce (A R II) i» horizontal. S P Q T 
in the basin of the solarium, which, originally, 
win probably erected upon a pillar. Ita tide, 
A S T H, inclines somewhat towards the basis. 
This inclination was called (yKkifia, or inclinntio 
•olorii and enclima succisiim (Vitruv. /. r.). and 



shows the latitude or polar altitude of the place 
for which the solarium was made. The angle of 
the enclima is about 40° 4'.'/, which coincides 
with the latitude of Tusculum. In the body of 
the solarium is the almost spherical excavation, 
H K D M I F X, which forms a double hemicyclium 
(hemicyclium excavatum ex quadralo, Vitruv.). 
Within this excavation the eleven hour-lines 
are marked which pass through three semicircles, 
H L X, K E F, and D M J. The middle one, 
KEF, represents, the equator, the two others the 
tropic lines of winter and summer. The curve re- 
presenting the summer tropic is somewhat more 
than a semicircle, the other two curves somewhat 
smaller. The ten middle parts or hours in each of 
the three curves are all equal to one another ; but 
the two extreme ones, though equal to each other, 
are by one-fourth smaller than the rest. In the 
middle, G, of the curve D K H X I J, there is 
a little square hole, in which the gnomon or pointer 
must have been fixed, and a trace of it is still 
visible in the lead by means of which it was fixed. 
It must have stood in a perpendicular position 
upon the surface A B R 0, and at a certain dis- 
tance from the surface it must have turned in a 
rinht angle above the spheric excavation, so that 
its end (C) extended as far as the middle of the 
equator, as it is restored in the above woodcut. 
See the description of another solarium in G. II. 
Martini's Anliquorum Monimentorum Sylluye, p. 
'Jo, &.c 

Clepsydrae were used by the Romans in their 
camps, chiefly for the purpose of measuring accu- 
rately the four vigiliae into which the night was 
divided. (Caes. de Bell. Gall. v. 13 ; Vegct. dc 
He Mi/it. iii. 8 ; Aen. Tact, c. 22.) 

The custom of using clepsydrae as a check upon 
the speakers in the courts of justice at Rome was 
introduced by a law of Cn. Pompeius, in his third 
consulship. (Tacit. IJeclur. Oral. 38.) Before that 
time the speakers had been under no restrictions, 
but spoke as long as they deemed proper. At 
Rome, as at Athens, the time allowed to the 
speakers depended upon the importance of the 
case. Pliny (Kjiist. ii. 11) states that on one im- 
portant occasion he spoke for nearly five hours, 
ten large clepsydrae having been granted to him 
by the judices, but the case was so important that 
four others were added. (Compare Plin. Kpisl. vi. 
2 ; Martial, vi. 35, \ iii. 7.) Pompeius, in his law, 
is baid to have limited the time during which the 
accuser was allowed to speak to two hours, whilo 
the accused was allowed three hours. (A scon, in 
Mtl'm. p. 37, cd. Orelli.) This, however, as is 
clear from the case of Pliny and others, was not 
observed on all occasions, and we must suppose 
that it was merely the intention of Pompeius to fix 
the proportions of the time to be allowed to each 
party, that is, that in all cases the accuser should 
only have two-thirds of the time allowed to the 
accused. This supposition is supported by a case 
iiii-iilioni'd by Pliny </.'/"■'. iv. <, where, accord- 
ing to law (e lege.) the accuser had six hours, 
while the accused had nine. An especial officer 
was at Rome as well as at Athens appointed to 
stop the clepsydra during the time when docu- 
ment* were rend. (Apul. A/io/og. i. and ii. ; com- 
pare Krninti, de Solariu, in hi.s O/iunrtd. I'liilolmi. 
rtCril. pp. 21 — 31 ; Becker, 0'<dlut, vol. i. p. 186, 
Ac) [l-.S.] 

HOROSCOPUS. [Astrolooia, p. 141, b.] 



618 



HORTUS. 



HORTUS. 



HORREA'RII. [Horreum.] 

HORREUM (apetov, GLTofyvXaKtiov, awoBiiKri) 
was, according to its etymological signification, a 
place in which ripe fruits, and especially corn, were 
kept, and thus answered to our granary. (Virg. 
Georg. i. 49 ; Tibull. ii. 5. 84 ; Horat. Carm. i. 1. 
7 ; Cic. de Leg. Agr. ii. 83.) During the empire 
the name horreum was given to any place destined 
for the safe preservation of things of any kind. 
Thus we find it applied to a place in which beauti- 
ful works of art were kept (Plin. Epist. viii. 18) ; 
to cellars (horrea subterranea, horrea vinaria, Dig. 
18. tit. 1. s. 76) ; to depots for merchandise, and all 
sorts of provisions (horreum penarium, Dig. 30. tit. 

9. s. 3). Seneca (Epist. 45) even calls his library 
a horreum. But the more general application of 
the word horreum was to places for keeping fruit 
and corn ; and as some kinds of fruit required to be 
kept more dry than others, the ancients had be- 
sides the horrea subterranea, or cellars, two other 
kinds, one of which was built like every other 
house upon the ground ; but others (Jiorrea pensi- 
lia or sublimia) were erected above the ground, and 
rested upon posts or stone pillars, that the fruits 
kept in them might remain dry. (Colum. xii. 50, 
i. 6 ; Vitruv. vi. 6. 4.) 

From about the year 140 after Christ, Rome pos- 
sessed two kinds of public horrea. The one class 
consisted of buildings in which the Romans might 
deposit their goods, and even their money, securities, 
and other valuables (Cod. 4. tit. 24. s. 9), for which 
they had no safe place in their own houses. This 
kind of public horrea is mentioned as early as the 
time of Antoninus Pius (Dig. 1. tit. 15. s. 3), 
though Lampridius (Alex. Sev. c. 39) assigns their 
institution to Alexander Severus. (Compare Dig. 

10. tit. 4. s. 5.) The officers who had the super- 
intendence of these establishments were called hor- 
rearii. The second and more important class of 
horrea, which may be termed public granaries, were 
buildings in which a plentiful supply of corn was 
constantly kept at the expense of the state, and from 
which, in seasons of scarcity, the corn was distri- 
buted among the poor, or sold at a moderate price. 
The first idea of building such a public granary 
arose with C. Sempronius Gracchus (lex Sempronia 
frumentaria) ; and the ruins of the great granary 
(Jiorrea populi Romani) which he built were seen 
down to the sixteenth century between the Aven- 
tine and the Monte Testaceo. (Appian, de Bell. 
Civ. i. 21 ; Plut. C. Gracch. 5 ; Liv. Epit. 60 ; 
Veil. Pat. ii. 6 ; Cic. pro Sext. 24.) 

The plan of C. Gracchus was followed out and 
carried further by Clodius, Pompey, and several of 
the emperors ; and during the empire we thus find 
a great number of public horrea which were called 
after the names of their founders, e. g., horrea Ani- 
ceti, Vargunteii, Seiani, Augusti, Domitiani, &c. 
The manner in which com from these granaries 
was given to the people differed at different times. 
[Comp. Frumentariae Leges.] [L. S.] 

HORTUS (fojTros), garden. 1. Greek. Our 
knowledge of the horticulture of the Greeks is very 
limited. We must not look for information re- 
specting their gardens to the accounts which we 
find in Greek writers of the gardens of Alcinoiis, 
filled with all manner of trees and fruit and flowers, 
and adorned with fountains (Odt/ss. vii. 112 — 130), 
or of those of the Hesperides (Hesiod. Tlieog. 25), 
or of the paradises of the Persian satraps, which 
resembled our parks (Xen. Anah. i. 2. § 7, Occo- 



nom. iv. 26, 27 ; Plut. Alcib. 24) ; for the former 
gardens are only imaginary, and the manner in 
which the paradises are spoken of by Greek writers 
shows that they were not familiar with anything 
of the kind in their own country. In fact the 
Greeks seem to have had no great taste for land- 
scape beauties, and the small number of flowers 
with which they were acquainted afforded but 
little inducement to ornamental horticulture. 

The sacred groves were cultivated with special 
care. They contained ornamental and odoriferous 
plants and fruit trees, particularly olives and vines. 
(Soph. Oed. Col. 16 ; Xen. Anah. v. 3. § 12.) Some- 
times they were without fruit trees. (Paus. i. 21. 
§9.) 

The only passage in the earlier Greek writers, 
in which flower-gardens appear to be mentioned, 
is one in Aristophanes, who speaks of k^ttovs 
eueio'eis (Aves, v. 1066). At Athens the flowers 
most cultivated were probably those used for 
making garlands, such as violets and roses. In 
the time of the Ptolemies the art of gardening 
seems to have advanced in the favourable climate 
of Egypt so far, that a succession of flowers was 
obtained all the year round. (Callixenus, ap. Ath. 
v. p. 196.) Longus (Past. ii. p. 36) describes a 
garden containing every production of each sea- 
son, " in spring, roses, lilies, hyacinths, and vio- 
lets ; in summer, poppies, wild- pears (axpdSes), 
and all fruit ; in autumn, vines and figs, and pome- 
granates and myrtles." That the Greek idea of 
horticultural beauty was not quite the same as 
ours, may be inferred from a passage in Plutarch, 
where he speaks of the practice of setting off the 
beauties of roses and violets, by planting them side 
by side with leeks and onions (De capienda ex 
inimicis utilitate, c. 10). Becker considers this 
passage a proof that flowers were cultivated more 
to be used for garlands than to beautify the garden. 
(Becker, Charikles, vol. ii. p. 403 — 405.) 

2. Roman. The Romans, like the Greeks, 
laboured under the disadvantage of a very limited 
flora. This disadvantage they endeavoured to over- 
come, by arranging the materials they did possess 
in such a way as to produce a striking effect. 
We have a very full description of a Roman garden 
in a letter of the younger Pliny, in which he de- 
scribes his Tuscan villa. (Plin. Epist. v. 6.) In 
front of the porticus there was generally a xystus, 
or flat piece of ground, divided into flower-beds of 
different shapes by borders of box. There were 
also such flower-beds in other parts of the garden. 
Sometimes they were raised so as to form terraces, 
and their sloping sides planted with evergreens or 
creepers. The most striking features of a Roman 
garden were lines of large trees, among which the 
plane appears to have been a great favourite, planted 
in regular order ; alleys or walks (ambulationes) 
formed by closely dipt hedges of box, yew, cypress, 
and other evergreens ; beds of acanthus, rows of 
fruit-trees, especially of vines, with statues, pyra- 
mids, fountains, and summer-houses (diaetae). The 
trunks of the trees and the parts of the house or 
any other buildings which were visible from the 
garden, were often covered with ivy. (Plin. 1. c. ; 
Cic. ad Q. F. iii. 1, 2.) In one respect the Roman 
taste differed most materially from that of the 
present day, namely, in their fondness for the ars 
topiaria, which consisted in tying, twisting, or 
cutting trees and shrubs (especially the box) into 
the figures of animals, ships, letters, &c. The im- 



HOSPITIU.M. 



HOSPITIUM. 



610 



portance attached to this part of horticulture is 
proved not only by the description of Pliny, and 
the notices of other writers (Plin. //. jV. xvi. 33. 
8.60, xxl 11. s.39, xxii. 22. s. 3-1 ; Martial, iii. 
19), but also by the fact that topiarius is the only 
name used in good Latin writers for the orna- 
mental gardener. Cicero (Purad. v. 2) mentions 
the topiarius among the higher class of slaves. 

Attached to the garden were places for exercise, 
the gestulio and hippodromus. The gesialio was a 
sort of avenue, shaded by trees, for the purpose of 
taking gentle exercise, such as riding in a litter. 
(Plin. Epist. v. 6, ii. 17.) The hippodromus (not, 
as one reading gives the word in Pliny, hjpodro- 
mus) was a place for running or horse exercise, in 
the form of a circus, consisting of several paths 
divided by hedges of box, ornamented with topi- 
arian work, and surrounded by large trees. (Plin. 
/. c. ; Martial, xii. 50, lvii. 23.) 

The flowers which the Romans possessed, though 
few in comparison with the species known to us, 
were more numerous than some writers have re- 
presented ; but the subject still requires investiga- 
tion. Their principal garden-flowers seem to have 
been violets and roses, and they also had the cro- 
cus, narcissus, lily, gladiolus, iris, poppy, amaranth, 
and others. 

Conservatories and hot-houses arc not mentioned 
by any writer earlier than the first century of our 
era. They are frequently referred to by Martial 
(viii. 14, 60, iv. 19, xiii. 127). They were used 
both to preserve foreign plants and to produce 
flowers and fruit out of season. Columella (xi. 3. 
§§51, 52) and Pliny (//. N. xix. 5. s. 23) speak 
of forcing-houses for grapes, melons, ice. In every 
garden there was a space set apart for vegetables 
(olera). 

Flowers and plants were also kept in the central 
space of the peristyle [Dosius], on the roofs, and 
in the windows of the houses. Sometimes, in a 
town, where the garden was very small, its walls 
were painted in imitation of a real garden, with 
trees, fountains, birds, &c, and the small area was 
ornamented with flowers in vases. A beautiful 
example of such a garden was found at Pompeii. 
(Gdh Pompeiana, ii. 4.) 

An ornamental garden was also called viridarium 
(Dig. 33. tit. 7. s. 8), and the gardener topiarius 
or cirid'triu*. The common name for a gardener 
is villicus or cuJtor horiorum. We find also the 
special names cinitor, alitor. The word hortulanus 
is only of late formation. The atputrius had 
charge of the fountains both in the garden and 
in the house. (Becker, Galltu, vol. i. p. 203, 
&.c ; Uiittigcr, Hacemaiioncn zur Garten-Kunst 
der Altrn.) [P. &] 

H08PES. fllospiTii-M.l 

HOSPI'TIUM ((«Wa, irpo{«ei'a). Hospitality 
is one of the characteristic features of almost all 
u. iii . m previous to their attaining a certain degree 
<>f i n illation. In civilised countries the necessity 
ol gencn] hospitality is not so much felt ; but at 
a time when the state or the laws of nations afforded 
tcarcrly any security, and when the traveller on 
his journey did not meet with any places destined 
for his reception and accommodation, the exercise 
of hospitality was absolutely necessary. Among 
the nations of antiquity, with whom the right of 
hospitality was hallowed by religion, it was to 
some dcirree observed to the latest period of their 
MMMW) ami acquired ■ political inq>ortancc which 



it has never had in any other state. It was in 
Greece, as well as at Rome, of a twofold nature, 
either private or public, in as far as it was either 
established between individuals, or between two 
states. (Uospitium privatum and Itoepitium publi- 
cum, £ei>i'a and irpo^via.) 

1. Greek. In ancient Greece the stranger, 
as such (£eVos and hostis), was looked upon as an 
enemy (Cic. de Of. i. 12- ; Herod, ix. 11 j PIuL 
A ristid. 10); but whenever he appeared among 
another tribe or nation without any sign of hostile 
intentions, he was considered not only as one who 
required aid, but as a suppliant, and Zeus was the 
protecting deity of strangers and suppliants. (Zeus 
|eVioj and <K€Tr)<nor : Horn. Od. xiv. 57, ice. 283, 
ix. 270, xiii. 213, viL 164: compare Apollon. 
Argonaut, ii. 1134 ; Aelian. V. H. iv. 1.) This 
religious feeling was strengthened by the belief 
that the stranger might possibly be a god in dis- 
guise. (Odyss. xvii. 484.) On his arrival there- 
fore, the stranger, of whatever station in life he 
might be, was kindly received, and provided with 
everything necessary to make him comfortable, 
and to satisfy his immediate wants. The host did 
not inquire who the stranger was, or what had led 
him to his house, until the duties of hospitality 
were fulfilled. During his stay, it was a sacred 
duty of his host to protect him against any per- 
secution, even if he belonged to a politically hostile 
race, so that the host's house was a perfect asylum 
to him. On his departure he was dismissed with 
presents and good wishes. (Odyss. iv. 37, &c, 
Nitzch's note.) It seems to have been customary 
for the host, on the departure of the stranger, 
to break a die ( acnpdya\os ) in two, one half of 
which he himself retained, while the other half 
was given to the stranger ; and when at any fu- 
ture time they or their descendants met, they had 
a means of recognising each other, and the hospi- 
table connection was renewed. (Schol. ad Eurip. 
Med. 613.) Hospitality thus not only existed 
between the persons who had originally formed it, 
but was transferred as an inheritance from father 
to son. To violate the laws of hospitality was a 
great crime and act of impiety, and was punished 
by men as well as gods (5/«ai KaKo£tviat, Aelian, 
I.e.; Paus. vii. 25). Instances of such hereditary 
connections of hospitality are mentioned down to a 
very late period of Greek history ; and many 
towns, such as Athens, Corinth, Byzantium, Phasis, 
and others, were celebrated for the hospitable 
characterof their citizens. (Herod, vi. 35 ; Thucyd. 
ii. 13 ; Plato, Crito, p. 45, c. ; Stobaeus, Florileg. 
tit. xliv. 40, &c.) But when a more regular and 
frequent intercourse among the Greeks began to 
be established, it was impossible to receive all then 
strangers in private houses. This naturally led to 
the establishment of inns ( ira»'8oic«io>', Karaywywv, 
Karakvau), in which such strangers as had no hos- 
pitable connections found accommodation. For those 
occasions, on which numerous visitors flocked to a 
particular place for the purpose of celebrating one 
of the great or national festivals, the state or tho 
temple provided for the accommodation of the visitors 
either in tents or tenqiorury inns erected about tin; 
temple, (Aelian, I'. //. iv. 9 ; Schol. ad J'ind. 
<)t. xi. 51 and 55: compare Plato, dr Jsg. xiL 
p. 952; I,urinn, Amor. 12; Thucyd. iii. 60.) 
The kind of hospitality which was exercised by 
private individuals on such festive occasions pro- 
bably dilFcrcd very little from that which is cus- 



620 



HOSPITIUM. 



HOSPITIUM. 



tomary among ourselves, and was chiefly shown 
towards friends or persons of distinction and merit, 
whose presence was an honour to the house wherein 
they stayed. (Xen. Oecon. 2. .5 ; Plato, Protag. 
p. 315 ; Becker, Charihles, vol. i. p. 134.) In the 
houses of the wealthier Greeks a separate part (hos- 
pitium or hospitalia and f eww'e s ) with a separate 
entrance, was destined for the reception and habi- 
tation of strangers, and was provided with all the 
necessary comforts for the temporary occupants. 
On the first day after their arrival they were gene- 
rally invited to the table of their host ; but after- 
wards their provisions (feVia}, consisting of fowl, 
eggs, and fruit, were either sent to them, or they 
had to purchase them themselves. ( Vitruv. vi. 7. 
4 ; Apul. Metam. ii. p. 19.) 

What has been said hitherto, only refers to hos- 
pitium privatum, that is, the hospitality existing 
between two individuals or families of different 
states. Of far greater importance, however, was 
the hospitium publicum (vpo^via, sometimes 
simply %£vta), or public hospitality which existed 
between two states, or between an individual or a 
family on the one hand, and a whole state on the 
other. Of the latter kind of public hospitality 
many instances are recorded, such as that between 
the Peisistratids and Sparta, in which the people 
of Athens had no share. The hospitium publicum 
among the Greeks arose undoubtedly from the hos- 
pitium privatum, and it may have originated in two 
ways. When the Greek tribes were governed by 
chieftains or kings, the private hospitality existing 
between the ruling families of two tribes may have 
produced similar relations between their subjects, 
which after the abolition of the kingly power, con- 
tinued to exist between the new republics as a 
kind of political inheritance of former times. Or a 
person belonging to one state might have either 
extensive connections with the citizens of another 
state, or entertain great partiality for the other 
state itself, and thus offer to receive all those who 
came from that state either on private or public 
business, and act as their patron in his own 
city. This he at first did merely as a private in- 
dividual, but the state to which he offered this kind 
service would naturally soon recognise and reward 
him for it. When two states established public 
hospitality, and no individuals came forward to 
act as the representatives of their state, it was ne- 
cessary that in each state persons should be ap- 
pointed to show hospitality to, and watch over the 
interests of, all persons who came from the state 
connected by hospitality. The persons who were 
appointed to this office as the recognised agents of 
the state for which they acted were called irp6- 
£evoi, but those who undertook it voluntarily 60eAo- 
Tcp6£evoi, (Pollux, iii. 59 ; compare Thucyd. ii. 29 
with Arnold's note, and iii. 70 with Gbller's.) 

The office of proxenus, which bears great re- 
semblance to that of a modem consul or minister- 
resident, was in some cases herediter}' in a parti- 
cular family. When a state appointed a proxenus, 
it either sent out one of its own citizens to reside 
in the other state, or it selected one of the citizens 
of this state, and conferred upon him the honour of 
proxenus. The former was, in early times, the 
custom of Sparta, where the kings had the right to 
select from among the Spartan citizens those whom 
they wished to send out as proxeni to other states. 
(Herod, vi. 57.) But in subsequent times this 
custom seems to have been given up, for we find 



that at Athens the family of Callias were the pro- 
xeni of Sparta (Xen. Hellen. v. 4. § 22, vi. 3. § 4, 
&c.) ; at Elis, the Elean Xcnias (Paus. iii. 8. § 2) ; 
and at Argos, the Argive Alciphron. (Thucyd. v. 
59.) A Spartan sent out as proxenus was some- 
times also entrusted with the power of harmostes, 
as Clearchus at Byzantium. (Xen. Hellen. i. 1. § 
35, i. 3. § 15.) 

The custom of conferring the honour of proxenus 
upon a citizen of the state with which public hospi- 
tality existed, seems in later times to have been 
universally adopted by the Greeks. Thus we find 
besides the instances of Spartan proxeni mentioned 
above, Nicias the Athenian, as proxenus of Syra- 
cuse at Athens (Diodor. xiii. 27), and Arthmius, 
of Zeleia, as the proxenus of Athens at Zeleia. 
(Aeschin. c. Ctesiph. p. 647 : compare Plato, de 
Leg. i. p. 642.) The common mode of appointing 
a proxenus was, with the exception of Sparta, by 
show of hands. ( Ulpian, ad Demosth. Mid. p. 374.) 
The principal duties of a proxenus were to receive 
those persons, especially ambassadors, who came 
from the state which he represented ; to procure for 
them the admission to the assembly, and seats in 
the theatre (Pollux, I. c.) ; to act as the patron of 
the strangers, and to mediate between the two 
states if any disputes arose. (Xen. Hellen. vi. 3. § 
4.) If a stranger died in the state, the proxenus 
of his country had to take care of the property of 
the deceased. (Demosth. c. Callip. p. 1237, &c.) 

Regarding the honours and privileges which a 
proxenus enjoyed from the state which he repre- 
sented, the various Greek states followed different 
principles : some honoured their proxenus with the 
full civic franchise, and other distinctions besides. 
(Bb'ckh, Corp. Inseript. n. 1691- — 93, and ii. p. 79 ; 
Demosth. de Cor. p. 256 ; Xen. Hellen.i. 1. § 26.) 
But the right of acquiring property in the state of 
which he thus became a citizen seems not to have 
been included in his privileges ; for we find that where 
this right was granted, it was done by an especial 
document. (Bbckh, Publ. Econ.-p. 140.) A foreigner 
who was appointed in his own country as proxenus 
of Athens, enjoyed for his own person the right of 
hospitality at Athens whenever he visited this 
city, and all the other privileges that a foreigner 
could possess without becoming a real Athenian 
citizen. Among these privileges, though they were 
not necessarily included in the proxeny, but were 
granted by special decrees, we may mention, 1. 
'Eirtyafiia, which, in cases when it was granted 
by the more powerful state, generally became mu- 
tual (Platner's Process, ii. p. 73 ; Xen. Hellen. v. 2. 
§19); 2. The right to acquire property at Athens 
(eyKTrjais, efiiraats, iiriraaii) ; 3. The exemption 
from paying taxes (aTe'Aeia or areXeia a-wavrwv, 
Demosth. c. Leptin. p. 475, compare p. 498) ; and 
4. Inviolability in times of peace and war, both by 
sea and by land. (Bb'ckh, Corp. Inscrip. i. p. 725.) 
Some of these privileges were granted to indivi- 
duals as well as to whole states ; but we have no 
instance of a whole state having received all of them, 
with the exception of those cases where the civic 
franchise or isopolity was granted to a whole state ; 
and in this case the practical consequences could 
not become manifest, unless a citizen of the pri- 
vileged state actually took up his residence at 
Athens. (Compare F. W. Ullrich, de Proxenia, 
Berlin, 1822 ; Wachsmuth, Hellen. Altertk.xol. i. 
p. 168, &c. ; Hermann, Polit. Ant. § 116.) 

2. Roman. The hospitality of the Romans was, 



HOSPITIUM. 



HVACINTHIA. 



621 



as in Greece, either hospitium privatum, or publicum. 
Private hospitality with the Romans, however, 
seems to have been more accurately and legally 
defined than in Greece. The character of a hospes, 

i. e. a person connected with a Roman by ties of 
hospitality, was deemed even more sacred, and to 
have greater claims upon the host, than that of a 
person connected by blood or affinity. The relation 
of a hospes to his Roman friend was next in im- 
portance to that of a cliens. (Gelling, v. 13.) Ac- 
cording to Massurius Sabinus (ap. Gellium, I. &), a 
hospes had even higher claims than a cliens. The 
obligations which the connection of hospitality with 
a foreigner imposed upon a Roman were to receive 
in his house his hospes when travelling (Liv. xlii. 
1), and to protect, and, in case of need, to repre- 
sent him as his patron in the courts of justice. 
(Cic. in Q. Caecil. Dicin. c. 20.) Private hospi- 
tality thus gave to the hospes the claims upon his 
host which the client had on his patron, but with- 
out any degree of the dependence implied in the 
clientela. Private hospitality was established be- 
tween individuals by mutual presents, or by the 
mediation of a third person (Serv. ad Aen. ix. 
360), and hallowed by religion ; for Jupiter hospi- 
talis was thought to watch over the jus hospitii, as 
Zeus xenios did with the Greeks (Cic c. Verr. iv. 
22, ad Quint, /rat. ii. 12, pro Deiotar. 6), and 
the violation of it was as great a crime and impiety 
at Rome as in Greece. When hospitality was 
formed, the two friends used to divide between 
themselves a tessera hospitalis ( Plaut, Poen. v. 2. 87, 
6ic), by which, afterwards, they themselves or their 
descendants — for the connection was hereditary as 
in Greece — might recognise one another. From 
an expression in Plautus (deum hospitalem ac lesse- 
ram mecum /era, 1'oen. v. 1. 2.5) it has been con- 
cluded that this tessera bore the image of Jupiter 
hospitalis. Hospitality, when thus once established, 
could not be dissolved except by a formal decla- 
ration (renuntiutio, Liv. xxv. 18 ; Cic. in Verr. 

ii. 36), and in this case the tessera hospitalis was 
broken to pieces. (Plant CatdL ii. 1. 27.) Hos- 
pitality was at Rome never exercised in that in- 
discriminate manner as in the heroic age of Greece, 
but the custom of observing the laws of hospitality 
was probably common to all the nations of Italy. 
(Aelian. V. II. iv. 1 ; Liv. L 1.) In many cases 
it was exercised without any formal agreement be- 
tween the parties, and it was deemed an honour- 
able duty to receive distinguished guests into the 
house. (Cic. de Off. ii. 1 8, pro Hose. A i«. 6.) 

Public hospitality seems likewise to have ex- 
isted at a very early period among the nations of 
Italy, and the focdus hospitii mentioned in Livy 
(L 'J) can scarcely be looked upon in any other 
light than that of hospitium publicum. Out the 
first direct mention of public hospitality being esta- 
blished between Rome and another city, is after 
the Gauls had debited from Rome, when it was 
decreed that Caere should be rewarded for its good 
services by the establishment of public hospitality 
between the two cities. (Liv. v. 50.) The public 
hospitality after the war with the Gauls gave to 
the Caeritcs the right of isopolity with Rome, that 
is, the civilos without the sutTragium and the ho- 
nores. [Civitas; COLON J A.] In the later times of 
the republic we no longer find public hospitality es- 
tablished between Rome and a foreign state ; but a 
relation which amounted to the same thing was 
introduced in its stead, that is, towns were raised 



to the rank of municipia (Liv. viii. 14), and thus 
obtained the civitas without the suffragiam and the 
honores ; and when a town was desirous of form- 
ing a similar relation with Rome, it entered into 
clientela to some distinguished Roman, who then 
acted as patron of the client-town. But the custom 
of granting the honour of hospes publicusto a dis- 
tinguished foreigner by a decree of the senate, 
seems to have existed down to the end of the re- 
public. (Liv. i. 45, v. 28, xxxvii. 54.) Whether 
such a public hospes undertook the same duties to- 
wards Roman citizens, as the Greek proxenus, is 
uncertain ; but his privileges were the same as 
those of a municeps, that is, he had the civitas, but 
not the suffragium nor the honores. Public hos- 
pitality was, like the hospitium privatum, hereditarv 
in the family of the person to whom it had been 
granted. (Diod. Sic. xiv. 93.) The honour of 
public hospes was sometimes also conferred upon a 
distinguished Roman by a foreign state. (Bb'ckli, 
Corp. Jnscrip. voL i. n. 1331 ; Cic. pro Ball. 18, c. 
Verr. iv. 65. Compare Niebuhr, Hist, of Rome, 
vol. ii. p. 58 ; Walter, Gesch. des Horn. Rechts, p. 54, 
&c ; Gbttling, Gesch. der Rom, Ulaatsv. p. 216, 
&c.) [L. S.] 

IIO'STIA. [Sacrificium.] 
HOSTIS. [Hospitium ; Postliminium.] 
HYACI'NTHIA ('TaKiVflio), a great national 
festival, celebrated every year at Amyclae by 
the Amyclacans and Spartans. The ancient writers 
who mention this festival do not agree in the 
name of the divinity in whose honour it was held : 
some say that it was the Amyclaean or the Car- 
ncian Apollo, others that it was the Amyclaean 
hero, Hyacinthus : a third and more probable 
statement assigns the festival to the Amyclaean 
Apollo and Hyacinthus together. This Amyclaean 
Apollo, however, with whom Hyacinthus was 
assimilated in later times, must not be confounded 
with Apollo, the national divinity of the Dorians. 
(MUller, Orekom. p. 327, Dor. ii. 8. § 15.) The 
festival was called after the youthful hero Hyacin- 
thus, who evidently derived his name from the 
flower hyacinth (the emblem of death among the, 
ancient Greeks), and whom Apollo accidentally 
struck dead with a quoit. The Hvacinthia lasted 
for three days, and began on the iongest day of 
the Spartan month Hccatombeus (the Attic Heca- 
tombaeon, Hesych. s. v. 'EKaTopStvs ; Manso, 
Sparta, iii. 2. p. 201), at the time when the tender 
flowers oppressed by the heat of the sun, drooped 
their languid heads. On the first and last day of 
the Hvacinthia sacrifices were offered to the dead, 
and the death of Hyacinthus was lamented. 
During these two days nobody wore any garlands 
at the repasts, nor took bread, but only cakes and 
similar things, and no paeans were sung in praise 
of Apollo ; and when the solemn resists were over, 
every body went home, in the greatest quiet and 
order. This serious and melancholy characte r mi 
foreign to all the other festivals of Apollo. The 
second day, however, was wholly spent in public 
rejoicings and amusements. Amyclae was visited 
by numbers of strangers (iraWryupn i^ioAo-yos kc! 
/i*7oA7j ), and boys played the cithora or tang to 
the accompaniment of the flute, and celebrated in 
anapaestic metres the praise of Apollo, while others, 
in splendid attire, performed a home-race in the 
theatre. This horse-race is probably the ayuv 
mentioned bj Stnibo (vi. p. 278). After this race 
there followed a number of choruses of youths 



622 HYBREOS GRAPHE. 



HYDRAULA. 



conducted by ax o P olrol< k (Xen. Agesil. 2. 17), in 
which some of their national songs (eirix<wpia 
■noirifjLara) were sung. During the songs of these 
choruses dancers performed some of the ancient 
and simple movements with the accompaniment of 
the flute and the song. The Spartan and Amy- 
claean maidens, after this, riding in chariots made 
of wicker-work (Kavadpa), and splendidly adorned, 
performed a beautiful procession. Numerous sacri- 
fices were also offered on this day, and the citizens 
kept open house for their friends and relations ; and 
even slaves were allowed to enjoy themselves. 
(Didymus, ap. Athen. iv. p. 1 39.) One of the fa- 
vourite meals on this occasion was called kotvis, 
and is described by Molpis (ap. Athen. iv. p. 1 40) 
as consisting of cake, bread, meat, raw herbs, broth, 
figs, dessert, and the seeds of lupine. Some ancient 
writers, when speaking of the Hyacinthia, apply 
to the whole festival such epithets as can only be 
used in regard to the second day ; for instance, 
when they call it a merry or joyful solemnity. 
Macrobius (Saturn, i. 11) states that the Amyclae- 
ans wore chaplets of ivy at the Hyacinthia, which 
can only be true if it be understood of the second 
day. The incorrectness of these writers is how- 
ever in some degree excused by the fact, that the 
second day formed the principal part of the festive 
season, as appears from the description of Didy- 
mus, and as may also be inferred from Xenophon 
(Hellen. iv. 5. § 1 ] ; compare Agesil. 2. 17), who 
makes the paean the principal part of the Hya- 
cinthia. The great importance attached to this 
festival by the Amyclaeans and Lacedaemonians 
is seen from the fact, that the Amyclaeans, even 
when they had taken the field against an enemy, 
always returned home on the approach of the 
season of the Hyacinthia, that they might not be 
obliged to neglect its celebration (Xen. Hellen. iv. 
S. § 11 ; Paus. iii. 10. § 1), and that the Lacedae- 
monians on one occasion concluded a truce of forty 
days with the town of Eira, merely to be able to 
return home and celebrate the national festival 
(Paus. iv. 19. § 3) ; and that in a treaty with 
Sparta, B.C. 421, the Athenians, in order to show 
their good-will towards Sparta, promised every 
year to attend the celebration of the Hyacinthia. 
(Thucyd. v. 23.) [L.S.] 

HY'ALUS. [Vitrum.] 

HYBREOS GRAPHE (vgpeas ypacpii). This 
action was the principal remedy prescribed by the 
Attic law for wanton and contumelious injury to 
the person, whether in the nature of indecent (Si' 
aio-xpovpyias) or other assaults (5ia irX-qyoiv). If 
the offence were of the former kind, it would al- 
ways be available when the sufferer was a minor 
of either sex (for the consent of the infant was 
immaterial), or when an adult female was forcibly 
violated : and this protection was extended to all 
conditions of life, whether bond or free. (Dem. c. 
Meid.Tp.529. 15.) The legal representative (Kvptos), 
however, of such person might, if he pleased, con- 
sider the injury as a private rather than a public 
wrong, and sue for damages in a civil action. 
[Biaion Dike.] With respect to common as- 
saults, a prosecution of this kind seems to have 
been allowable only when the object of a wanton 
attack was a free person (Aristot. Rhet. ii. 24), as 
the essence lay in its contumely, and a slave could 
incur no degradation by receiving a blow, though 
the injury, if slight, might entitle the master to 
recover damages for the battery (atKia), or, if I 



serious, for the loss of his services [Blabes Dike] 
in a private lawsuit. (Meier, Att. Proe. p. 326.) 
These two last-mentioned actions might also be re- 
sorted to by a free citizen when similarly outraged 
in his own person, if he were more desirous of ob- 
taining compensation for the wrong, than the mere 
punishment of the wrongdoer, as the penalty in- 
curred by the defendant in the public prosecution 
accrued to the state and not to the plaintiff. A 
fine also of a thousand drachmae, forfeited by the 
prosecutor upon his relinquishing his suit or failing 
to obtain the votes of a fifth of the dicasts, may 
have contributed to render causes of this kind less 
frequent, and partly account for the circumstance 
that there are no speeches extant upon this subject. 
If, however, the case for the prosecution was both 
strong and clear, the redress afforded by the public 
action was prompt and efficient. Besides the legi- 
timate protectors of women and children, any 
Athenian citizen in the enjoyment of his full fran- 
chise might volunteer an accusation : the declar- 
ation was laid before the thesmothetae, who, ex- 
cept it were hindered by extraordinary public busi- 
ness, were bound not to defer the trial before the 
Heliaea beyond a month. The severity of the 
sentence extended to confiscation or death ; and if 
the latter were awarded, the criminal was executed 
on the same day : if a fine were imposed upon him 
he was allowed but eleven days for its payment, 
and, if the object of his assault were a free person, 
he was imprisoned till the claim of the state was 
liquidated. (Dem. I. c. ; Aeschin. c. Timarch. p. 
41.) [J. S. M.] 

HYDRA'LETA. [Mola.] 
HYDRAULA (vSpauA-qs), an organist. Ac- 
cording to an author quoted by Athenaeus (iv. 75 ; 
compare Plin. H. N. vii. 38), the first organist 
was Ctesibius of Alexandria, who lived about B. c. 
200. He evidently took the idea of his organ 
from the Syrinx or Pandean pipes, a musical 
instrument of the highest antiquity among the 
Greeks. His object being to employ a row of 
pipes of great size, and capable of emitting the 
most powerful as well as the softest sounds, he con- 
trived the means of adapting keys with levers 
(ayKuv'iiTKoi), and with perforated sliders (n-cu/mra), 
to open and shut the mouths of the pipes (yXuaod- 
Ko,ua), a supply of wind being obtained, without 
intermission, by bellows, in which the pressure of 
water performed the same part which is fulfilled in 
the modern organ by a weight. On this accoimt 
the instrument invented by Ctesibius was called 
the water-organ (vSpavAis, Athen. I. e. ; vSpavXi- 
kIv opydvov, Hero, Spirit. ; hydraulicu machina, 
Vitruv. x. 1 3 ; Schneider, ad he. ; Drieberg, die 
pneum. Erfindungen der Grieclien, pp. 53 — 61 ; 
hydraulus, Plin. H . N. ix. 8 ; Cic. Tusc. iii. 18). 
Its pipes were partly of bronze (xoAkci^ apovpa, 
Jul. Imp. in Brunck's Anal. ii. 403 ; seges aiina, 
Claud, de Mall. Theod. Cons. 316), and partly of 
reed. The number of its stops, and consequently of 
its rows of pipes, varied from one to eight (Vitruv. 
I.e.), so that Tertullian (de Anima, 14) describes 
it with reason as an exceedingly complicated in- 
strument. It continued in use so late as the ninth 
century of our era : in the year 826, a water-organ 
was erected by a Venetian in the church of Aquis- 
granum, the modern Aix-la-Chapelle. (Quix, 
Munster-kirclie in Aaclien, p. 14.) 

The organ was well adapted to gratify the Ro- 
man people in the splendid entertainments provided 



HYLORI. 



I1YPOBOLES GPiAPHE. 623 



for them by the emperors and other opulent per- 
sons. Nero was very curious about organs, both 
in regard to their musical effect and their mecha- 
nism. (Sueton. iVer. 41. 54.) A contomiate coin 
of this emperor, in the British Museum (see wood- 
cut), shows an organ with a sprig of laurel on one 




side, and a man standing on the other, w ho may 
have been victorious in the exhibitions of the cir- 
cus or the amphitheatre. It is probable that these 
medals were bestowed upon such victors, and that 
the organ was impressed upon them on account of 
its introduction on such occasions. (Havercamp, de 
Num. contorniatis ; Rasche, Lex. Univ. liei Num. 
s. v. 1 1 tjdmulieum Instrumentum.) The general form 
of the organ is also clearly exhibited in a poem 
by Publilius Porphyrius Optatianus, describing the 
instrument, and composed of verses so constructed 
as to show both the lower part which contained 
the bellows, the wind-chest which lay upon it, and 
over this the row of 26 pipes. These are repre- 
sented by 26 lines, which increase in length each 
by one letter, until the last line is twice as long 
as the first. (Wemsdorf, Poetae Lai. A/in. vol. ii. 
pp.394— 413.) [J. Y.] 

HYDRAU'LICA MA 'CHIN A. [Hv- 

DRAL'LA.] 

II YDRAHLCS [IIvdraila.] 

II Y'DRIA (iSpia). [Situla.J 

HTDRI APHO'RI A( OSpicupop'ta) was one of the 
services which aliens (/jLtroiicoi) residing at Athens 
had to perform to the Athenians at the Panathcnaca, 
and by which it was probably only intended to im- 
press upon them the recollection that they were 
men- aliens and not citizens. The hydriaphoria was 
performed only by the wives of aliens (Pollux, iii. 
.VI i ; whereas their daughters had on the same oc- 
casion to perform the <TKtao-n<popia (the carrying of 
parasols) to the Athenian maidens, and their hus- 
bands the OKatjrntpopia (the earning of vessels, 
sec Aclian, V.H. vi. 1, with Perizoniiu ; Harpo- 
crat. *. v. 2«wp^(f>opoi). It is clear from the words 
of Aclian that these humiliating services were not 
demanded of the aliens by the laws of Solon, but 
that they were introduced at a later period. (Pe- 
titus, />><;. Alt. p. 95.) The hydriaphoria was 
the carrying of a vessel with water (uJpta, Ari- 
stoph. Ecelm. 738), which service the married alien 
women had to perform to the married part of the 
female citizens of Athens, when they walked to the 
tanple of Athena in the great procession at the 
Pnnuthenaia. (Compare Meiirsius, I'tiniithrimm, 

c.2l.) [L.S.] 

IIYDHOMF.M. fViMM.] 

HTLCRI orH Y LEO'RI ( uKupoi, uKywpoi), are 
■aid by Hcsychius (». r.) to have been officers who 



had the superintendence of forests (v\-nv <pv\d<T<rwi; 
compare Suidas, s. r.). Aristotle (Polit. vi. 5), 
who divides all public officers into three classes 
{kpxal, eVi/teATjrai, and i/jrnpeVai), reckons the 
vKupoi among the iirifieK-nrai, and says that by 
some they were called aypov6fiot. They seem to 
have been a kind of police for the protection of 
the forests, similar to the German forster. But 
the exact nature of their office, or the Greek 
states where it existed, are unknown. [L. S.] 

HYPAETHRUS. [Te.mplum.] 

HYPASPISTAE (imaaiziaTai). [Exercitts, 
p. 488, b.] 

HYPE'RETES (vTrnpir-ns). This word is de- 
rived from Ipiotroi, eperris, and therefore originally 
signifies a rower ; but in later times the word was, 
with the exception of the soldiers or marines, ap- 
plied to the whole body of persons who performed 
any service in a vessel. (Thucyd. vi. 31, with 
Gollcr's note ; Dcmosth. c. Polycl. pp. 1214, 121 G, 
6ic. ; Polyb. v. 109.) In a still wider sense xm-np- 
€T7)s was applied to any person who acted as the 
assistant of another, and performed manual labour 
for him, whether in sacred or profane things (Pol- 
lux, i. 1, 16, viii. 10), whence the word is some- 
times used as synonymous with slave. (Clitarchus, 
up. Allien, vi. p. 267 ; compare Pollux, vii. 8. 2 ; 
Hesych. s. c.) Hence also the name wrTjpcVai was 
sometimes given to those men by whom the hopli- 
tae were accompanied when they took the field, 
and who carried the luggage, the provisions, and 
the shield of the hoplites. (Xen. Cyrap. ii. 1. § 31.) 
The more common name for this servant of the 
hoplites was tjKeu6<popos. 

At Athens the name {nr7jpcT7js, or the abstract 
Oirnpeaia, seems to have been applied to a whole 
class of officers. Aristotle (Polit. vi. 5) divides all 
public offices into three classes, apx a ' or magis- 
tracies, iiri)i(\(tai or administrations, and imripHTtai 
or services. Now all public officers at Athens, in 
as far as they were the representatives of the 
people, or the executors of its will, were appointed 
by the people itself or by the senate ; and with 
the exception of some subaltern military officers, 
we never find that one public officer was appointed 
by another. A public officer, therefore, when ho 
appointed another person to perform the lower or 
more mechanical parts of his office, could not raise 
him to the rank of a public officer, but merely 
engaged him as a servant (im-nptrris), and on his 
own responsibility. These vmjptTai, therefore, 
were not public officers, properly speaking, but 
only in as far as they took a part in the functions 
of such officers. The original and characteristic 
difference between them and real public officers 
was, that the former received salaries, while the 
latter had none. Among the {mriptrai were reckoned 
the lower classes of scribes [Gramm atkcs], he- 
ralds, messengers, the ministers of the Eleven, and 
others. This class of persons, as might be sup- 
posed, did not enjoy any high degree of estimation 
at Athens (Pollux, vi. 31 ), nnd from Aristotle 
{PtJit. iv. 12) it is clear that they were not always 
Athenian citizens, but sometimes slaves. 1 1,. S.J 

HYPEROON (u*fp<foi>). [Domi h, p. 426,0.] 
II YPOBOLKS G RAPHE (iWoAfji ypcupy). 
Of this action we learn from the Lex Hin t, that 
it was one of the many institutions calculated to 
preserve the purity of Attic descent, and preferred 
against persons tuspected of having been supposi- 
titious children. If this fact was established at the 



624 



HYSPLENX. 



JANUA. 



trial, the pretended citizen was reduced to slavery, 
and his property confiscated. [J. S. M.] 

HYPOCAUSTUM. [Balneae, p. 192, b.] 
HYPOCOSME'TAE(ijro/co(r /i r)ToO,frequently 
occur in Athenian inscriptions of the time of the 
Roman empire, as assistants of the Kotrjxrirhs, who 
at that period was the chief officer who regulated 
the exercises of the Gymnasium. (Krause, Gym- 
nastik und Agonistik, vol. i. p. 212, &c.) 

HYPO'CRITES {iTvoK P iT-i)s). [Histrio.] 
HYPODE'MA (iTroSVa). [Calceus.] 
HYPOGE'UM. [Funus, p. 561, a.] 
HYPOGRAMMATEUS ({moypamxaTtvs). 
[Grammateus.] 
HYPO'GRAPHIS. [Pictura, No. VI.] 
HYPOMEI'ONES (v-wo^'ioves). [Homoei]. 
HYPOMO'SIA (biro^oaia). [Diaetetae ; 
Dike.] 

HYPO'NOMUS. [Emissarium.] 

HYPORCHE'MA (Mpxwa), was a lively 
kind of mimic dance which accompanied the songs 
used in the worship of Apollo, especially among the 
Dorians. It was performed by men and women. 
(Athen. xiv. p. 631.) A chorus of singers at the 
festivals of Apollo usually danced around the altar, 
while several other persons were appointed to ac- 
company the action of the song with an appropriate 
mimic performance (inropx^dai). The hypor- 
chema was thus a lyric dance, and often passed 
into the playful and comic, whence Athenaeus 
(xiv. p. 630, &c.) compares it with the cordax of 
comedy. It had, according to the supposition of 
Miiller, like all the music and poetry of the Dorians, 
originated in Crete, but was at an early period in- 
troduced in the island of Delos, where it seems to 
have continued to be performed down to the time 
of Lucian. (Athen. i. p. 15 ; Lucian, de Saltat. 
16 ; compare Miiller, Dor. ii. 8. § 14.) A similar 
kind of dance was the ytpavos, which Theseus on 
his return from Crete was said to have performed 
in Delos, and which was customary in this island 
as late as the time of Plutarch. {Thes. 21.) The 
leader of this dance was called yepavovXKos. 
(Hesych. s. v.) It was performed with blows, and 
with various turnings and windings (iv pufy*<£ 
7repieA.££eis Kal aveXi^LS ex 0VTl )i an d was sa id to 
be an imitation of the windings of the Cretan 
labyrinth. When the chorus was at rest, it formed 
a semicircle, with leaders at the two wings. (Pol- 
lux, iv. 101.) 

The poems or songs which were accompanied by 
the hyporchem were likewise called hyporchemata. 
The first poet to whom such poems are ascribed 
was Thaletas : their character must have been in 
accordance with the playfulness of the dance which 
bore the same name, and by which they were ac- 
companied. The fragments of the hyporchemata 
of Pindar confirm this supposition, for their rhythms 
are peculiarly light, and have a very imitative 
and graphic character. (Bockh, de Meir. Pind. 
p. 201, &c, and p. 270.) These characteristics 
must have existed in a much higher degree in the 
hyporchematic songs of Thaletas. (Miiller, Hist, 
of Greek Lit. i. p. 23, &c. ; compare with p. 160, 
&c.) [L.S.] 

HYPOSCE'NIUM. [Theatrum.] 

HYPOTHE'CA. [Pignhs.] 

HYPOTHECA'RIA ACTIO. [Pignus.] 

HYPOTRACHE'LIUM. [Columna, p. 
325, a.] 

HYSPLENX (iWi^). [Stadium.] 



I. J. 

JACULATO'RES. [Exercitus, p. 503, a.] 

JA'CULUM. [Hasta.] 

JA'NITOR. ( [Janua.] 

JA'NUA (pupa), a door. Besides being appli- 
cable to the doors of apartments in the interior of 
a house, which were properly called ostia (Isid. 
Orig. xv. 7 ; Virg. Aen. vi. 43. 81), this term more 
especially denoted the first entrance into the house, 
i. e. the front or street door, which was also called 
anticum (Festus, s. v.), and in Greek i&upa avXeios, 
aiiAela, avXios, avAia (Od. xxiii. 19 ; Pind. Nem. 
i. 19 ; Menand. p. 87, ed. Mein. ; Harpocration, 
s. v. ; Theophr. Char. 18 ; Theocrit. xv. 43 ; 
Charit. i. 2 ; Herodian, ii. 1 ). The houses of the 
Romans commonly had a back-door, called posti- 
cum, postica, or posticula (Festus, s. v. ; Hor. Epist. 
i. 5. 31 ; Plaut. Most. iii. 3. 27 ; Sueton. Claud. 
18), and in Greek ira.pa.Bvpa. dim. irapadipwv. 
Cicero (post. Red. 6) also calls it pseudothyron, 
" the false door," in contradistinction to janua, the 
front door ; and, because it often led into the 
garden of the house (Plaut. Stick, iii. 1. 40 — 44), 
it was called the garden-door (/crjirai'o, Hermip. ap. 
Athen. xv. 6). 

The door-way, when complete, consisted of four 
indispensable parts, the threshold, or sill ; the 
lintel ; and the two jambs. 

The threshold (limen, |3?)\br, oZSas) was the ob- 
ject of superstitious reverence, and it was thought 
unfortunate to tread on it with the left foot. On 
this account the steps leading into a temple were 
of an uneven number, because the worshipper, 
after placing his right foot on the bottom step, 
would then place the same foot on the threshold 
also. (Vitruv. iii. 4.) Of this an example is pre- 
sented in the woodcut, p. 97. 

The lintel (jugumentum, Cat. de Re Rust. 14 ; 
supercilium, Vitruv. iv. 6) was also called limen 
(Juv. vi. 227), and more specifically limen superum, 
to distinguish it from the sill, which was called 
limen inferum. (Plaut. Merc. v. 1. 1.) Being de- 
signed to support a superincumbent weight, it was 
generally a single piece, either of wood or stone. 
Hence those lintels, which still remain in ancient 
buildings, astonish us by their great length. In 
large and splendid edifices the jambs or door-posts 
(postes, (TTaBfioi) were made to converge towards 
the top, according to certain rules, which are given 
by Vitruvius (I. c). In describing the construc- 
tion of temples he calls them antepagmenta, the 
propriety of which term may be understood from 
the ground-plan of the door at p. 241, where the 
hinges are seen to be behind the jambs. This 
plan may also serve to show what Theocritus 
means by the hollow door-posts (o'TaBp.a koiAo 
Sivpaav, Idyll, xxiv. 15). In the Augustan age 
it was fashionable to inlay the posts with tortoise- 
shell. (Virg. Georg. ii. 463.) Although the jamb 
was sometimes nearly twice the length of the 
lintel, it was made of a single stone even in the 
largest edifices. A very striking effect was pro- 
duced by the height of these door-ways, as well as 
by their costly decorations, beautiful materials, and 
tasteful proportions. 

The door in the front of a temple, as it reached 
nearly to the ceiling, allowed the worshippers to 
view from without the entire statue of the divinity, 



if ANITA. 

and to observe the rites performed before it Also 
the whole light of the building was commonly ad- 
mitted through the same aperture. These circum- 
stances are illustrated in the accompanying wood- 
cut, showing the front of a small temple of Jupiter, 




taken from a bas-relief. (Mori. i\fatt. vol. iii. Tab. 
39.) The term antepagmentum, which has been 
already explained, and which was applied to the lin- 
tel as well as the jambs (antepagmenlum superius, 
Vitruv. iv. C. § 1), implies, that the doors opened in- 
wards. This is clearly seen in the game woodcut, 
and is found to be the construction of all ancient 
buildings at Pompeii and other places. In some 
of these buildings, as for example, in that called 
" the house of the tragic poet," even the marble 
threshold rises about an inch higher than the bot- 
tom of the door (Gcll's Pompeiana, '2nd Scr. vol. i. 
p. 144), so that the door was in every part behind 
the door-case. After the time of Ilippias the 
street-doors were not permitted to open outwardly 
at Athens (Becker, CharUda, vol. i. pp. 189, 200;; 
and hence ivhovvai meant to open the door on 
coming in, and {trtairaaaaBai or i<p(\KucrcujOai to 
shut it on going out. In a single instance only 
were the doors allowed to open outwardly at Rome ; 
an exception was made as a special privilege in 
honour of M. Valerius Publicola. (Schneider, i* 
Vitruv. iv. 0. § <].) 

The lintel of the oblong door-case was in all 
large and splendid buildings, such as the great 
temples, surmounted cither by an architrave and 
cornice, or by a comice only. As this is not 
shown in the bas-relief above introduced, an actual 
door-way, viz., that of the temple of Hercules at 
Cora, is here added. Above the lintel is an archi- 
trave with a Latin inscription upon it, and above 
this a projecting cornice supported on each side by 
n console, which reaches to a level with the bottom 
of the lintel. The top of the cornice (ennma tumina, 
Vitruv. iv. 6. § 1 ) coincided in height with the tops 
of the capitals of the columns of the prouaoH, so 
that the door-way, with its superstructure, was 
exactly equal in height to the columns and the 



JAXUA. 625 




Antae. This superstruciion wa3 the hypertliyrum 
of Vitruvius (/. ft), and of the Greek architects 
whom he followed. The next woodcut shows one of 
the two consoles which support the cornice of a beau- 
tiful Ionic door- way in the temple of Minerva Polias 
at Athens. In the inscription relating to the build- 
ing of that temple, which is now in the Elgin col- 
lection of the British Museum, the object here 
delineated is called ols r<p inrep8upw. Other 
Greek names for it, used by Vitruvius (iv. 6. § 4), 
ate parolis and itncon, literally a "side-ear" and 
"an elbow." The use of consoles, or trusses, in 
this situation was characteristic of the Ionic style 
of architecture, being never admitted in the Doric. 
It is to be observed that Homer (0</. vii. 90), 
Hesiod (Scut. 271), and Herodotus (i. 179), use 
the term wrfpOvpov, or its diminutive inrfpBvptov, 
to include the lintel. Upon some part of the hyper- 
thyrum there was often an inscription, recording 
the date and occasion of the erection, as in the 
case of the temple of Hercules above represented, 
or else merely expressing a moral sentiment, like 
the celebrated " Know thyself" upon the temple at 
Delphi. 

The door itself was called /oris or valva, and in 
Greek (rafts, KAi<rfa5, or Siiptrpov. These words 
are commonly found in the plural, because the door- 
way of every building of the least importance con- 
tained two doors folding together, as in all the 
instances already referred to. When foris is used 
in the singuhir, we may observe that it denotes one 
of the folding-doors only, as in the phrase fori* 
crrjmil, which occurs repeatedly in PlaotU, and 
describes the creaking of a single valve, opened 
alone and turning on its pivots. Kvcn the internal 
doors of houses were bivalve ((oil's I'liiiipcinna, 
2nd Scr. vol. i. p. ICG) ; hence we read of " the 
folding-doors of a bed-chamber" (farm eubiculi, 
Suet Aug. 62; Q Curt. v. f> ; atwiitt tiipapviai. 
Ham, xxiii. 42 ; rvAai SiirAa7, Soph. Oti 
Tyr. 1281 ). Hut iii every case each of the two 
valves was wide enough to allow persons to pass 
through without opening the other valve also. 

8 H 



626 



JANUA. 



JANUA. 



Even each valve was sometimes double, so as to 
fold like our window-shutters (duplices complica- 
bilesque, Isid. Orig. xv. 7). The mode of attach- 
ing doors to the door-way is explained under the 
article Cardo. 

The remaining specimens of ancient doors are 
all of marble or of bronze ; those made of wood, 
which was by far the most common material, have 
perished. The door of a tomb at Pompeii (Mazois, 
Ituines de Pompei, vol. i. pi. xix. fig. 4) is made 
of a single piece of marble, including the pivots, 
which were encased in bronze, and turned in 
sockets of the same metal. It is 3 feet high, 2 feet 
9 inches wide, 4J inches thick. It is cut in front 
to resemble panels, and thus to approach nearer 
to the appearance of a common wooden door, and 
it was fastened by a lock, traces of which remain. 
The beautifully wrought tombs of Asia Minor 
and other eastern countries have stone doors, 
made either to turn on pivots or to slide sideways 
in grooves. Doors of bronze are often mentioned 
by ancient writers. (Herod, i. 1 79 ; Plin. H. N. 
xxxiv. 7.) The doors of a supposed temple of 
Remus, still existing at Rome, and now occupied 
as a Christian church, are of this material. Mr. 
Donaldson {Collection of Door-ways from Ancient 
Buildings, London, 1833, pi. 21) has represented 
them filling up the lower part of the door-way of 
the temple at Cora, as shown in the last woodcut, 
which is taken from him. The four panels are 
surrounded by rows of small circles, marking the 
spots on which were fixed rosettes or bosses, simi- 
lar to those which are described and figured in the 
article Bulla, and which served both to strengthen 
and to adorn the doors. The leaves of the doors 
were sometimes overlaid with gold, which was an 
Eastern practice, as we see from the doors in the 
temple of Solomon at Jerusalem (1 Kings, vi. 32 — 
35) ; at other times they were enriched with the 
most exquisite carving. (Ovid. Met. viii. 705 ; Virg. 
6%o?'<7.iii. 26,Aen. vi. 20 — 33.) Those in the temple 
of Minerva, at Syracuse, are said by Cicero ( Verr. 
iv. 56) to have exceeded all others in the curious 
and beautiful workmanship executed upon them in 
gold and ivory. " It is incredible," says he, " how 
many Greeks have left writings descriptive of the 
elegance of these valves." One of the ornaments 
was " a most beautiful Gorgon's head with tresses 
of snakes," probably occupying the centre of a 
panel. In addition to the sculptures upon the 
valves themselves, the finest statues were some- 
times placed beside them, probably at the base of 
the antepagmenta, as in the magnificent temple of 
Juno in Samos. (Cic. Verr. i. 23.) In the 
fancied palace of Alcinous {Od. vii. 83 — 94) the 
door-case, which was of silver with a threshold of 
bronze, included folding-doors of gold ; whilst dogs, 
wrought in gold and silver, guarded the approach, 
probably disposed like the avenue of sphinxes be- 
fore an Egyptian temple. As luxury advanced 
among the Romans metal took the place of wood, 
even in the doors of the interior of a house. Hence 
the Quaestor Sp. Carvilius reproved Camillus for 
having his chamber doors covered with bronze 
(aerata ostia, Plin. I. c). 

A lattice-work is to be observed above the 
bronze doors in the last woodcut, Mr. Donaldson 
having introduced it on the authority more espe- 
cially of the Pantheon at Rome, where the upper 
part of the door-way is filled with a window such 
as that here represented. Vitruvius (iv. 6. § 1) calls 



it the Jiypaetrum, and his language implies that it 
was commonly used in temples. 

The folding-doors exhibited in the last woodcut, 
instead of a rebate such as we employ, have an up- 
right bronze pilaster standing in the middle of the 
door-way, so as to cover the joining of the valves. 
The fastenings of the door (claustra, Ovid. Amor. 
i. 6. 17 ; obices) commonly consisted in a bolt 
(pessulus • p.avSaKos, KaTox^vs, K\tiBpov, Att. 
K\rj6 P ov, Soph. Oed. Tyr. 1262, 1287, 1294) 
placed at the base of each foris, so as to admit of 
being pushed into a socket made in the sill to re- 
ceive it (7ru0/iV, Soph. Oed. Tyr. 1261). The 
Pompeian door-ways show two holes correspond- 
ing to the bolts of the two fores (Gell, Pompeiana, 
2nd Ser. vol. i. p. 167) ; and they agree with 
numerous passages which mention in the plural 
number " the bolts," or, " both the bolts " of a door. 
(Plaut. Aulul. i. 2. 26, Cure. i. 2. 60—70 ; Soph. 
II. cc. ; Callim. in Apoll. 6.) 

The annexed woodcut shows an ancient bolt 
preserved in the Museum at Naples. (Mazois, 
Ruines de Pompei, vol. i. part. 2. pi. vii.) 




By night, the front-door of the house was further 
secured by means of a wooden and sometimes an 
iron bar (sera, repagula, fiox^-bs) placed across it, 
and inserted into sockets, on each side of the door- 
way. (Festus, s.v. Adserere ; Ovid. Amor. i. 6. 
24 — 56.) Hence it was necessary to remove the 
bar (jbv fiox^-ov irapatyepnw, avctjUoxAeikic, Eurip. 
Med. 1309) in order to open the door (reserare). 
(Theophrast. Char. 18 ; Plutarch, Pelop. p. 517, 
ed. Steph. ; Plaut. Cist. iii. 18 ; Ovid. Met. v. 120.) 
Even chamber-doors were secured in the same 
manner (Heliodor. vi. p. 281, ed. Comm. ; cubiculi 
obseratis foribus, Apul. Met. ix.) ; and here also, 
in case of need, the bar was employed as a further 
security in addition to the two bolts (K\rj6pa o-vp- 
irepaivovTes fi6x^-ois, Eurip. Orest. 1546, 1566, 
Iph. Aul. 345, Androm. 952). To fasten the 
door with the bolt wasjatiuae pessulum obdere, with 
the bar januam obserare (Ter. Eun. iii. 5. 55, iv. 
6. 26, Heaut. ii. 3. 37). At Athens a jealous 
husband sometimes even proceeded to seal the door 
of the women's apartment. (Aristoph. Tliesm. 



JAXUA. 



JANUA. 



627 



422 ; Menand. p. 185, ed. Mein.) The door of a 
bed-chamber was sometimes covered with a curtain 
[Velum]. 

In the Odyssey (L 442, iv. 802, xxi. 6, 46— 
SO) we find mention of a contrivance for bolting or 
unbolting a door from the outside, which consisted 
in a leathern thong (i/ios) inserted through a hole 
in the door, and by means of a loop, ring, or hook 
(k\6i's, kXjjis), which was the origin of keys, capa- 
ble of laying hold of the bolt so as to move it in 
the manner required. The bolt by the progress of 
improvement was transformed into a lock, and the 
keys found at Herculaneum and Pompeii and 
those attached to rings (Gorlaei, Daclylioth. 42, 
20.5 — 209) prove, that among the polished Greeks 
and Romans, the art of the locksmith (kKciSowoiIs) 
approached very nearly to its present state. (Achill. 
Tat. ii. 19.) 

The door represented in the first woodcut to this 
article has a ring upon each valve, which was used 
to shut the door, and therefore called the (iriaira- 
<TTfip. Herodotus (vi. 91) tells a story of a captive 
who having escaped to a temple of Ceres, clung to 
the ring3 on the doors with both his hands. This 
appendage to the door, which was sometimes gilt 
and very handsome, was also called, on account of 
its form, Kpiitos and Kop&irt), i. e. a " circle " or 
" crown " (Horn. Od. i. 441, vii. 90) ; and, be- 
cause it was used sometimes as a knocker, it was 
called p6trrpov (Harpocrat, s. t>. ; Xcn. Ilellen. vi. 
4. § 36). The term K6pa£, 14 a crow" (Brunck, 
Anal. iii. 168), probably denoted a knocker more 
nearly approaching the form of that bird, or per- 
haps of its neck and head. The lowest figure in 
the last woodcut shows a richly ornamented cpi- 
spastcr, from the collection at Naples. That with 
a lion's head is taken from a bas-relief, represent- 
ing the doors of a temple, in the collection at Ince- 
Blandell, near Liverpool. The third figure is from 
the Neapolitan Museum. 

Before the door of a palace, or of any private house 
of a superior description, there was a passage lead- 
ing to the door from the public road, which was 
called restilmlum (Isid. Orig. it. 7 ; Plaut, Most. 
iii. 2. 132 ; Gell. rvi. 5) and irp66vpov (Vitruv. 
vi. 7. 5 ; Horn. Od. xviii. 10 — 100 ; Herod, iii. 3.5, 
140). It was provided with seats (Herod, vi. 35). 
It was sometimes covered by an arch [Camera], 
which was supported by two pillars (Scrv. ad 
Virg. Am. ii. 469) ; and sometimes adorned with 
sculptures (Virg. Am. vii. 181 ; Jut. vii. 126). 
Here persons waited, who came in the morning to 
pay their respects to the occupier of the house. 
(Gell. iv. 1.) In the vestibule was placed the 
domestic altar [Aha], The Athenians also 
planted a laurel in the same situation, beside a 
figure designed to represent Apollo (Aristoph. 
Tliesin. 496 ; Plaut. Merc, iv. 1. 11, 12); and 
statues of Me rcury were still more frequent (Thu- 
cyd. vi. 27), being erected there on the principle 
of setting a thief to catch a thief. (Schol. ad Aris- 
tOfk I'lut. 1 155.) 

The Donakia offered to the gods were suspended 
not only from the Antak, but likewise from the 
door-posts and lintels of their temples (Virg. 
Am. iii. 287, v. 360 ; Ovid. 7H*t.iii. 1. 34 ; Hor. 
C'lrm. iv. 15. 8, lipid, i. 1. 5, i. 18, 56 ; Pen. 
Hat. vi. 45 ; Plin. //. .V. xxxv. I), as well as of 
palaces, which in ancient times partook of the 
»nncti ty of temple*. (Virg. ASn. ii. 603, vii. 183.) 
Victors in the games suspended their crowns at 



the door of a temple. (Pind. Nan. v. 53.) In 
like manner persons fixed to the jambs and lintels 
of their own doors the spoils which they had taken 
in battle. (Festus, s. r. Resignare ; Plin. H. N. 
xxxv. 2.) Stag's horns and boar's tusks were on 
the same principle used to decorate the doors of 
the temples of Diana, and of the private indivi- 
duals who had taken these animals in the chace. 
Owls and other nocturnal birds were nailed upon 
the doors as in modern times. (Pallad. de Re Rust. 
i. 35.) Also garlands and wreaths of flowers were 
suspended over the doors of temples in connection 
with the performance of religious rites, or the ex- 
pression of public thanksgiving, being composed in 
each case of productions suited to the particular 
divinity whom they were intended to honour. In 
this manner the corona spicea was suspended in 
honour of Ceres (Tib. i. I. 21 ; see also Virg. 
Ciris, 95 — 98). Laurel was so used in token of 
victory, especially at Home (Ovid. Met. i. 562), 
where it sometimes overshadowed the Corona 
Civica on the doors of the imperial palace. (Ovid. 
Trist. iii. 1, 35 — 49 ; Plin. //. N. XV. 39 ; laureatis 
foribus, Sen. Consol. ad Polyb. 35 ; VaL Max. ii. 
8. § 7.) The doors of private houses were orna- 
mented in a similar way, and with different plants 
according to the occasion. More especially, in cele- 
bration of a marriage either laurel or myrtle was 
placed about the door of the bridegroom. ( Juv. vi. 
79, 228 ; Claud, de Nupt. Hon. et Mar. 208.) 
Catullus, in describing an imaginary marriage, sup- 
poses the whole vestibulum to have been tastefully 
overarched with the branches of trees. (Epitltal. 
Pel. et Thet. 278—293.) The birth of a child 
was also announced by a chaplet upon the door 
(Juv. ix. 84), and a death was indicated by cy- 
presses, probably in pots, placed in the vestibulum. 
(Plin. //. A r . xvi. 60 ; Serv. in Virg. Aen. iii. 64.) 
In addition to trees, branches, garlands, and 
wreaths of flowers, the Romans sometimes dis- 
played lamps and torches before the doors of their 
houses for the purpose of expressing gratitude and 
joy. (Juv. xii. 92.) Music, both vocal and instru- 
mental, was sometimes performed in the vestibulum, 
especially on occasions when it was intended to do 
honour to the master of the house, or to one of his 
family. (Pind. Nem. i. 19, 20, Isth. vii. 3.) 

It was considered improper to enter a house 
without giving notice to its inmates. This notice 
the Spartans gave by shouting ; the Athenians and 
all other nations by using the knocker already de- 
scribed, but more commonly by rapping with the 
knuckles or with a stick (xpoiW, Koirrttv, Becker, 
Charik. vol. i. pp.230 — 234; Plat. Prolag. pp. 151, 
159, ed. Bckker.) In the houses of the rich a 
porter (janitor, curios, dvpwp6s) was always in at- 
tendance to open the door. (Tibull. i. 1. 56.) He 
was commonly a eunuch or n slave (Plat. /. c), 
and was chained to his post. (Ovid. Amor. i. 6 ; 
Sueton. di ■< 'lar. Hhrt.'A.) To insist him in guard- 
ing the entrance, a dog wns universally kept near 
it, being also attached by a chain to tin- wall (Thco- 
crit. xv. 43 ; Apollodor. ap. Allien, i. 4 ; Aristoph. 
r/irsm. 423, Lysist. 1217 ; Tibull. ii. 4. 32—36) ; 
and in reference to this practice, the warning Can: 
Cnnriii, «oAaSou tt)V Kvva, was sometimes written 
near the door. Of this a remarkable example oc- 
curs in " the house of the tragic poet " at Pompeii, 
when it is accompanied by the figure of a fierce 
dog, wrought in mosaic on the pavement, ((iell's 
/'inn/I. 2nd Scr. vol. i. pp. 142, 145.) Instead 
8 R 2 



628 



ILLUSTRES. 



IMPERIUM. 



of this harsh admonition, some walls or pavements 
exhibited the more gracious SALVE or XAIPE. 
(Plat. Charm, p. 94, ed. Heindorf.) The appro- 
priate names for the portion of the house immedi- 
ately behind the door (Sivpdv, Soph. Oed. Tyr. 
1242, Elect. 328), denotes that it was a kind of 
apartment ; it corresponded to the hall or lobby of 
our houses. Immediately adjoining it, and close 
to the front door, there was in many houses a 
small room for the porter (cella, or cellulajanitoris, 
Sueton. Vitell. 16 ; Varro, de Re Rust. i. 13 ; 
Stvpwpiuov, Pollux, i. 77). [J. Y.] 

IATRALIPTA, IATRALIPTES, or 1A- 
TROALIPTES (larpaK^mT-h^), the name given 
by the ancients to a physician who paid particular 
attention to that part of medical science called 
Iatraliptice. The name is compounded of larpbs 
and a\el(pa>, and signifies literally a physician that 
cures by anointing. According to Pliny (H. N. 
xxix. 2), they were at first only the slaves of phy- 
sicians, but afterwards rose to the rank of physicians 
themselves, and were therefore superior to the 
aliptae. [Aliptae.] The word occurs in Paulus 
Aegineta (De Re Med. iii. 47), Celsus (De Medic. 

1. 1) and other medical writers. [W. A. G.] 

IATRUS (iarp6s). [Mbdicus] 

IATROSOPHISTA ("aTpocrocpi<rT7}s), an an- 
cient medical title, signifying apparently (according 
to Du Cange, Glossar. Med. et. Inf. Graecit.) one 
who both taught medicine and also practised it 
himself ; as the ancients made a distinction be- 
tween oiSatTKaAcKT] and epyarLS, the art and the 
science of medicine, the theory and the practice. 
(Damascius in vita Isidori.) Eunapius Sardianus 
(De Vit. Philosoph. et Sophist, p. 168, ed. Antwerp. 
1568) calls them Q-t\rrKT]fi.£vovs Aeyeiv re Ka\ 
iroitiv larpucriv. The word is somewhat varied in 
different authors. Socrates (Hist. Ecd.es. vii. 13) 
calls Adamantius larptKuv \6yav o-orptarris. Ste- 
phanus Byzantinus (s. v. Tea) mentions twv 
laTpwv o-o(pitnris ; Callisthenes (quoted in Du 
Cange), larpbs ao<picrTiis : and Theophanes (ibid.) 
cro(picrTiis Trjs iarpiKTjs £iri<TT7ip.ris. Several ancient 
physicians are called by this title, e. g. Magnes 
(Theoph. Protospath. De Urmis), Cassius, the 
author of " Quaestiones Medicae et Naturales," 
and others. [W.A. G.] 

IDUS. [Calendarium, Roman.] 
JENTA'CULUM. [Coena, p. 306, a.] 
IGNO'BILES. [Nobiles.] 
IGNOMI'NIA. [Infamia.1 
ILE (fAij). [Exercitus, p. 488, b.] 
ILLUSTRES. When Constantine the Great 
re-organized the Roman administration, he divided 
the principal magistrates and officials into three 
classes : — 1. The IUustres, who held the first rank ; 

2. The Spectabiles ; and 3. The Clarissimi. The 
title of IUustres belonged only to the Consules, the 
Patricii, the Praefectus praetorio, the Praefectus 
urbi, the Praepositus sacri cubiculi, the Magistri 
militum, the Magister officiorum, the Quaestor sacri 
palatii, the Comes sacrarum largitionum, and the 
Comes rerum privatarum. Even among the IUustres 
there was a gradation of rank, the Consuls and 
Patricii being regarded as higher in dignity than the 
others. The titles Subtimissimi, Excellentissimi, and 
Magniftci are used as synonymous with IUustres. 
Among the privileges of the IUustres we read that 
in criminal cases they could only be tried by the 
emperor himself or by an imperial commission, 
and that they could appear before the courts by 



means of procurators. (Cod. Theod. 6. tit. 6, &c, 
with the commentary of Gothofred ; "Walter, Gesch- 
ichte des Romischen Rechts, § 380, 2nd ed. ; Gibbon, 
Decline and Fall, c. 17. vol. iii. p. 34, London, 
1797.) 

IMA'GINUM JUS. [Nobiles.] 

IMA'GO, the representation or likeness of any 
object, is derived from the root im or sim, which 
appears in im-itari and sim-ilis, and likewise in 
the Greek dp.-6s. (" Imago ab imitatione dicta," 
Festus, s. v. ; " Imago dicitur quasi imitago," Por- 
phyr. ad Hot. Carm. i. 12. 4.) It was especially 
applied among the Romans to indicate the waxen 
busts of deceased ancestors, which distinguished 
Romans kept in the atria of their houses, and of 
which an account is given in the article Nobiles. 
The word is also used in general to signify a por- 
trait or statue of a person ; on both of which 
some remarks are made under Pictura, No. XV. 
and Statuaria, No. II. 

I'MBRICES. [Tegula.] 

IMMUNI'TAS (from in and munus), signifies, 
1 . A freedom from taxes. 2. A freedom from ser- 
vices which other citizens had to discharge. With 
respect to the first kind of immunitas we find that 
the emperors frequently granted it to separate 
persons (Suet. Aug. 40), or to certain classes of 
persons, or to whole states. When granted to 
individuals the immunitas ceased with their 
death, but in the case of states the privUege con- 
tinued to subsequent generations. (Dig. 50. tit. 
15. s. 4. § 3.) Thus we find that certain people 
in Illyria had immunitas from taxes (Liv. xlv. 
26), and that the emperor Claudius granted freedom 
from taxation in perpetuum to the inhabitants of 
Ilium. (Suet. Claud. 25.) The Roman soldiers 
from the time of Nero were exempt from all duties 
on goods which they might carry into the pro- 
vinces for their ovvn use or might purchase in any 
place. (Tac. Ann. xiii. 51 ; Cod. 4. tit. 61. s. 3.) 

The second kind of immunitas was granted to all 
persons who had a valid excuse (excusatio) to he 
released from such services, and also to other per- 
sons as a special favour. Under the republic, public 
offices were objects of ambition, and consequently 
there was no difficulty in obtaining persons to dis- 
charge them even when they were attended with 
expense to the individual who held them. But 
under the empire the case became different. Many 
offices which' entailed expenses, such, for instance, 
as that of the decuriones in the municipia, were 
avoided rather than sought after ; and hence various 
regulations were made at different times to define 
the classes of persons who were entitled to ex- 
emption. (Comp. Dig. 50. tit. 6 ; Cod. 10. tit. 47 
and 48.) The definition of immunitas in this sense 
is given by Paulus (Dig. 50. tit. 16. s. 18) : — 
" Munus — onus, quod cum remittatur, vacationem 
militiae munerisque praestat, inde immunitatem ap- 
pellari." The immunitas might be either general, 
from all services which a citizen owed to the state, 
orspecial, such as from military service [Exercitus, 
p. 499], from taking the office of tutor or guardian 
[Tutor], and the like. 

IMPE'NDIUM. [Feniis, p. 526, b.] 

IMPERATI'VAE FERIAE. [Feriae.] 

IMPERA'TOR. [Imperium.] 

IMPE'RIUM. Gaius (iv. 103), when making 
a division of judicia into those Quae Legitimo 
jure consistunt, and those Quae Imperio conti- 
nentur, observes that the latter are so called 



IMPERIL'M. 
because they continue in force during the Impe- 
riuin of him who has granted them. Legitima 
judicia were those which were prosecuted in Rome 
or within the first miliarium, between Roman 
citizens, and before a single judex. By a Lex 
Julia Judiciaria, such judicia expired, unless they 
were concluded within a year and six months. 
All other judicia were said Imperio contineri, 
whether conducted within the above limits before 
recuperatores, or before a single judex, when 
either the judex or one of the litigant parties was 
a peregrinus, or when conducted beyond the first 
miliarium either between Roman citizens or pere- 
grini. From this passage it follows that there 
were judicia quae Imperio continebantur, which 
were granted in Rome ; which is made clearer by 
what follows. There was a distinction between a 
judicium ex lege, that is, a judicium founded on a 
particular lex, and a judicium legitimum ; for 
instance, if a man sued in the provinces under a 
lex, the Aquilia for example, the judicium was not 
legitimum, but was said Imperio contineri, that is, 
the Imperium of the praeses or proconsul, who 
gave the judicium. The same was the case if a 
man sued at Rome ex lege, and the judicium was 
before recuperatores, or there was a peregrinus 
concerned. If a man sued under the praetor's 
edict, and consequently not ex lege, and a judi- 
cium was granted in Rome and the same was be- 
fore one judex and no foreigner was concerned, it 
was legitimum. The judicia legitima are men- 
tioned by Cicero (Pro Hose. Com. 5 ; Or. Part. 
12) ; but it may perhaps be doubted if he uses 
the term in the sense in which Gaius does. 
It appears then, that in the time of Gaius, so long 
as a man had jurisdictio, so long was he said to 
have Imperium. Imperium is defined by Ulpian 
(Dig. 2. tit. 1. s. 3) to be either merum or 
mixtum. To have the merum Imperium is to 
have " gladii potestatcm ad animadvertendum in 
facinorosos homines," a power that had no con- 
nection with jurisdictio : the mixtum Imperium is 
defined by him as that " cui etiam jurisdictio inest," 
or the power which a magistrate had for the pur- 
poses of administering the civil (not criminal) part 
of the law. It appears then that there was an 
Imperium which was incident to jurisdictio ; but 
the merum or pure Imperium was conferred by a 
lex (Die. 1. tit. 21. I. 1). The mixtum Imperium 
was nothing more than the power necessary for 
giving effect to the Jurisdictio. There might 
linn-fore be Imperium without Jurisdictio, but 
there could be no Jurisdictio without Imperium. 
Accordingly, Imperium is sometimes used to express 
the authority of a magistratus, of which his Juris- 
dictio is a part. (Puchta, Zeiltchrifl fur Gcsch. 
Hri-hlswitseivscluifl, vol. x. p. 201.) 

Imperium is defined by Cicero (PhiL v. 1G) to 
be that ** sine quo res militaris administrari, 
teneri exercitus, bcllum geri non potest" As op- 
posed to Potcstas, it is the power which was con- 
ferred by the state upon an individual who was 
appointed to command an army. The phrases 
Conaularis Potestas and Consulare Imperium might 
both be properly used ; but the expression Tri- 
bunitia Potestas only could be used, as the Tribuni 
ncrcrreceived the Imperium. (Liv. vi. 37 ; in Veil. 
Paterc. ii. 2, [mperium is improperly used.) A con- 
sul could not act as commander of an army (attin- 
ijrrr rrm militarrm) unless he were empowered by a 
La Curiata, which is expressed by I, ivy (v. 52) 



IMPERIUM. 629 

thus : — " Comitia Curia'.a rem militarem continent." 
Though consuls were elected at the Comitia Cen- 
turiata, the Comitia Curiata only could give them 
Imperium. (Liv. v. 52.) This was in conformity 
with the ancient constitution, according to which 
the Imperium was conferred on the kings after 
they had been elected : " On the death of King 
Pompilius, the pnpulus in the Comitia Curiata 
elected Tullus Hostilius kins, upon the rogation 
of an interrex ; and the king, following the ex- 
ample of Pempilius, took the votes of the populus 
according to their curiae on the question of his 
Imperium." (Cic. Rep. ii. 17.) Both Xuma (ii. 
13), and Ancus Marcius (ii. 18), the successor of 
Tullus, after their appointment as Reges, are 
severally said " De Imperio suo legem curiatam 
tulisse." It appears then that, from the kingly 
period to the time of Cicero, the Imperium, as 
such, was conferred by a Lex Curiata. On the 
kingly Imperium see Becker, Hundbuch der Rom. 
Alterthumer, vol. i. part ii. p. 314, &c. 

The Imperium of the kings is not defined by 
Cicero. It is declared by some modern writers to 
have been the military and the judicial power ; 
and it is said that the consuls also received the 
Imperium in the same sense ; and the reason why 
the Lex Curiata is specially said to confer the 
Imperium Militare, is that it specially referred to 
the consuls, and by the establishment of the prae- 
torship the jurisdictio was separated from the con- 
sulship. It may be conjectured that the division 
of Imperium, made by the jurists, was in accord- 
ance with the practice of the republican period : there 
was during the republican period an Imperium 
within the walls which was incident to jurisdictio, 
and an Imperium without the walls which was 
conferred by a lex curiata. There are no traces of 
this separation in the kingly period, and it is pro- 
bable that the king received the Imperium in its 
full import, and that its separation into two parts 
belongs to the republican period. The Imperium, 
which was conferred by a lex under the republic, 
was limited, if not by the terms in which it was 
conferred, at least by usage : it could not be held 
or exercised within the city. It was sometimes 
specially conferred on an individual for the day of 
his triumph within the city ; and, at least in some 
cases, by a plebiscitum. (Liv. xxvi. 21, xlv. 
35.) 

The Imperium was as necessary for the go- 
vernor of a province, as for a general who merely 
commanded the armies of the republic, as he could 
not without it exercise military authority (rem 
militarem attingere). (See Cacs. H. V. i. 6.) So far 
as we can trace the strict practice of the Roman 
constitution, military command was given by a 
special lex, and was not incident to any office, and 
might be held without any other office than that of 
impcrator. It appears that in the time of Cicero 
there were doubts as to the necessity of the lex in 
some cases, which may have gradually arisen from 
the irregular practices of the civil wan, and from 
the gradual decay of the old institutions. Cicero, 
in a passage which is not very ch ar (Ad / Vim. i. .')), 
ri frrs to a Cornelia Lex according to which an in- 
dividual who had received a Province ex Scnntus- 
consulto thereby acquired the Inipcrium, without 
the formality of a Lex Curinta. 

The Imperium (merum) of the republic appears 
to have been (1), a power which was only exer- 
cised out of the city ; (2) a power which waa 

■ ■ 3 



6o0 



IMPUBES. 



IMPUBES. 



specially conferred by a Lex Curiata, and was not 
incident to any office ; (3) a power without which 
no military operation could be considered as done 
in the name and on the behalf of the state. Of this 
a notable example is recorded in Livy (xxvi. 2), 
where the senate refused to recognise a Roman as 
a commander because he had not received the 
Imperium in due form. 

In respect of his Imperium, he who received it 
was styled imperator (aiiToicpdTwp) ; he might be a 
consul or a proconsul. It was an ancient practice, 
observes Tacitus (Ann. iii. 74), for the soldiers of 
a victorious general to salute him by the title of 
imperator ; but in the instance referred to by 
Tacitus, the Emperor Tiberius allowed the soldiers 
to confer the title on an individual who had it not 
already, while under the republic the title as a 
matter of course was given with the Imperium ; 
and every general who received the Imperium was 
entitled to the name of imperator. After a victory 
it was usual for the soldiers to salute their com- 
mander as imperator, but this salutation neither 
gave nor confirmed the title. Under the republic, 
observes Tacitus, there were several imperatores 
at a time : Augustus granted the title to some ; 
but the last instance, he adds, of the title being 
conferred was in the case of Blaesus, under 
Tiberius. There were, however, later instances. 
The assumption of the praenomen of imperator by 
Julius Caesar (Suet. Caes. c. 76) was a usurpation ; 
or it may have been conferred by the senate (Dion 
Cassius, xliii. 44). Under the republic the title 
came properly after the name ; thus Cicero, when 
he was proconsul in Cilicia, could properly style 
himself M. Tullius Cicero Imperator, for the term 
merely expressed that he had the Imperium. Ti- 
berius and Claudius refused to assume the prae- 
nomen of Imperator, but the use of it as a prae- 
nomen became established among their successors, 
as we see from the imperial coins. The title Im- 
perator sometimes appears on the imperial medals, 
followed by a numeral (VI. for instance), which 
indicates that it was specially assumed by them on 
the occasion of some great victory ; for though the 
victory might be gained by their generals, it was 
considered to be gained under the auspices of the 
Imperator. 

The term Imperium was applied in the republi- 
can period to express the sovereignty of the Ro- 
man state. Thus Gaul is said by Cicero (Pro 
Font. 1) to have come under the Imperium and 
Ditio of the Populus Roinanus ; and the notion of 
the Majestas Populi Romani is said to be " in 
Imperii atque in nominis populi Romani dignitate." 
(Cic. Or. Part. 30.) Compare the use of Impe- 
rium in Horace, Od. i. 37, iii. 5. [G. L.] 

IMPLU'VIUM. [Domus, p. 427, b.] 

IMPU'BES. An infans [Infans] was in- 
capable of doing any legal act. An impubes, who 
had passed the limits of infantia, could do any 
legal act with the auctoritas of his tutor ; without 
such auctoritas he could only do those acts which 
were for his benefit. Accordingly such an im- 
pubes could stipulate (stipulari), but not promise 
(promittere) ; in other words, as Gaius (iii. 107) 
expresses it, a pupillus could only be bound by the 
auctoritas of his tutor, but he could bind another 
without such auctoritas. [Infans] 

But this remark as to pupilli only applies to 
those who had understanding enough to know what 
they were doing (qui jam aliquem intellectum ha- 



bent), and not to those who were infantes or Infanti 
proximi, though in the case of the infanti proximi 
a liberal interpretation was given to the rule of law 
(benignior juris interpretatio), by virtue of which a 
pupillus, who was infanti proximus, was placed 
on the same footing as one who was pubertati 
proximus, but this was done for their benefit only 
(propter utilitatem eorum), and therefore could not 
apply to a case where the pupillus might be a loser 
(Compare Inst. iii. tit. 19. s. 10 with Gaius, iii. 108.) 
An impubes who was in the power of his father, 
could not bind himself even with the auctoritas of 
his father ; for in the case of a pupillus, the auc- 
toritas of the tutor was only allowed, in respect of 
the pupillus having property of his own, which a 
son in the power of his father could not have. 

In the case of obligationes ex delicto, the notion 
of the auctoritas of a tutor was of course excluded, 
as such auctoritas was only requisite for the pur- 
pose of giving effect to rightful acts. If the im- 
pubes was of sufficient capacity to understand the 
nature of his delict, he was bound by it ; other- 
wise, he was not. In the case of a person who 
was Pubertati proximus, there was a legal pre- 
sumption of such capacity ; but still this presump- 
tion did not exclude a consideration of the degree 
of understanding of the impubes and the nature of 
the act, for the act might be such as either to be 
perfectly intelligible, as theft, or it might be an 
act which an impubes imperfectly understood, as 
when he was made the instrument of fraud. These 
principles were applicable to cases of furtum, dam- 
num injuria datum, injuria, and others ; and also 
to crimes, in which the nature of the act mainly 
determined whether or not guilt should be im- 
puted. 

An impubes could enter into a contract by which 
he was released from a debt, but he could not re- 
lease a debt without the auctoritas of his tutor. 
He could not pay money without his tutor ; nor 
could he receive money without his tutor, at least 
it was not a valid payment, because such payment 
was, as a consequence, followed by a release to the 
debtor. But since the rule as to the incapacity of 
an impubes was made only to save him from loss, 
he could not retain both the money and the claim. 

An impubes could not be a plaintiff or a defend- 
ant in a suit without his tutor. He could acquire 
the ownership of property alone, but he could not 
alienate it without the consent of his tutor, nor 
could he manumit a slave without such consent. 
He could contract sponsalia alone, because the 
auctoritas of the tutor has reference only to pro- 
perty : if he was in his father's power, he was of 
course entirely under his father's control. 

An impubes could acquire an hereditas with the 
consent of his tutor, which consent was necessary, 
because an hereditas was accompanied with obliga- 
tions. But as the act of cretion was an act that must 
be done by the heres himself, neither his tutor nor 
a slave could take the hereditas for a pupillus, and 
he was in consequence of his age incapable of taking 
it himself. This difficulty was got over by the 
doctrine of pro herede gestio : the tutor might per- 
mit the pupillus to act as heres, which had the 
effect of cretion : and this doctrine would apply 
even in the case of infantes, for no expression of 
words was necessary in order to the pro herede 
gestio. In the case of the bonorum possessio, the 
father could apply for it on behalf of his child, and 
the tutor on behalf of his pupillus, without any act 



IMPUBES. 

being done by the impubes. By the imperial legis- 
lation, a tutor was allowed to acquire the hereditas 
for his pupillus, and a father for his son, who was 
in his power ; and thus the doctrine of the pro 
herede gestio was rendered unnecessary. 

A pupillus could not part with a possession 
without the auctoritas of a tutor, for though pos- 
session of itself was no legal right, legal advantages 
were attached to it As to the acquisition of pos- 
session, possession in itself being a bare fact, and 
the fundamental condition of it being the animus 
possidendi, consequently the pupillus could only 
acquire possession by himself, and when he had 
capacity to understand the nature of the act. But 
with the auctoritas of his tutor he could acquire 
possession even when he was an infans, and thus 
the acquisition of possession by a pupillus was faci- 
litated, utilitatis causa. There was no formal diffi- 
culty in such possession any more than in the case 
of pro herede gestio, for in neither instance was it 
necessary for words to be used. Subsequently the 
legal doctrine was established that a tutor could 
acquire possession for his pupillus. (Dig. 4!. tit. 2. 
s. I. § 20.) 

With the attainment of pubertas, a person ob- 
tained the full power of his property, and the 
tutela ceased : he could also dispose of his property 
by will ; and he could contract marriage. Accord- 
ing to the legislation of Justinian (Inst. i. tit 22), 
pubertas, in the cage of a male, was attained with 
the completion of the fourteenth, and, in a female, 
with the completion of the twelfth year. In the 
case of a female, it seems that there never had 
been any doubt as to the period of the twelve 
years, but a dispute arose among the jurists as to 
the period of fourteen years. The Sabiniani main- 
tained that the age of pubertas was to be deter- 
mined by physical capacity {hahitu corporis), to 
ascertain which a personal examination might be 
necessary ; the Proculiani fixed the age of fourteen 
complete, as that which absolutely determined the 
attainment of puberty. (Gaius, i. 196 ; Ulp. Frag. 
xi. 28.) It appears, therefore, that under the 
earlier emperors there was gome doubt as to the 
time when pubertag was attained, though there 
was no doubt that with the attainment of puberty, 
whatever that time might be, full legal capacity 
wag acquired. 

Until a Koman youth assumed the toga virilis, 
he wore the toga praetexta, the broad purple hem 
of which (prueiarta) at once distinguished him 
from other persons. The toga virilis was assumed 
at the I.iberalia in the month of March, and though 
no ngc appears to have been positively fixed for 
the ceremony, it probably took place as a general 
rule on the feast which next followed the comple- 
tion of the fourteenth year ; though it is certain 
that the completion of the fourteenth year was not 
always the time observed. Still, so long as a male 
wore the praetexta, he was Impubes, and when he 
assumed the toga virilis, he was Pubes. Accord- 
ingly, Vesticepg (Fcstus, ». r.) was the same as 
Pubes, and Invcstis or praetextat'is the Baine as 
Impubes. (( jell. v. 1.0. Vesticrpn.) After the assump- 
tion of the toga virilis, the son who was in the 
power of his father had a capacity to contract debtg ; 
mid a pupillus was released from the tutela. But 
if neither the pupillus wished to get rid of his tutor, 
nor the tutor to be released from the responsibility 
of his i.ffice (for which he received no emolument), 
the period of assuming the toga virilis might be 



INAUGURATIO. 631 
deferred. If the pupillus and the tutor could not 
agree, it might be necessary that there should be a 
judicial decision. In such case the Proculiani 
maintained as a theoretical question, that the age 
of fourteen should be taken as absolutely deter- 
mining the question, fourteen being the age after 
the attainment of which the praetexta had been 
generally laid aside. The Sabiniani maintained 
that as the time of puberty had never been abso- 
lutely fixed, but had depended on free choice, some 
other mode of deciding the question must be 
adopted, where free choice was out of the question, 
and therefore they adopted that of the physical de- 
velopment (Jiabitus corporis). But though there 
are allusions to this matter (Quinct. Inst. Or. iv. 2), 
there is no evidence to show that inspection of 
the person was ever actually resorted to in order 
to determine the age of puberty. It appears that 
the completion of fourteen years was established as 
the commencement of pubertas. The real foundation 
of the rule as to the fourteen and the tw elve years 
appears to be, that in the two sexes respectively, 
puberty was, as a general rule in Italy, attained 
about these ages. In the case of females, the time 
had been fixed absolutely at twelve by immemo- 
rial custom, and had no reference to any practice 
similar to that among males of adopting the toga 
virilis, for women wore the toga praetexta till they 
were married. And further, though the papillaris 
tutela ended with females with the twelfth year, 
they were from that time subject to another kind 
of tutela. 

A male had a capacity to make a will upon 
completing his fourteenth, and a female upon com- 
pleting her twelfth year (Gaius, ii. 113 ; Paulus, 
5. Ii. iii. tit. 4. a.) ; and the same ages, as already 
observed, determined the capacity, in the two sexes, 
for contracting a legal marriage. The dispute be- 
tween the two schools as to the time when the 
male attained the age of puberty, appears to have had 
reference to the termination of the tutela, and his 
general capacity to do legal acta ; for. the test of 
the personal examination could hardly, from the 
nature of the case, apply to the capacity to make 
a will or contract a marriage, as Savigny shows. 

Spadones (males who could never attain physi- 
cal pubertas) might make a testament after attain- 
ing the age of eighteen. (Savigny, System ties heut. 

Hum. Ktrhts, vol. iii. |>. .')."). \c.) [G. L.] 

INAUGURA'TIO was in general the ceremony 
by which the augurs obtained, or endeavoured to 
obtain, the sanction of the gods to something 
which had been decreed by man ; in particular, 
however, it wag the ceremony by which things 
or pcrsong were congecratcd to the godg, whence 
the terms dedicutio and consccratio were sometimes 
used as synonymous with inauguratio. (Liv. i. 44, 
55 ; Flor. i. 7, 8 ; Plin, Bp. ix. 39, x.58, .59, 76 ; 
Cic. in Catil. iv. l.j The ceremony of inauguratio 
was as follows: — After it had been decreed that 
something should be set apart for the service of the 
gods, or that a certain person should be ap|>ointed 
priest, a prayer was addressed to the gods by the 
augurs or other priests, soliciting them to declare 
by signs whether the decree of men was agreeable 
to the will of the gods. (I. iv. i. Ul.) If the signs 
observed by the inaugurating priest were thought 
favourable, the decree of men had the sanction of 
tin- gods, ami the inauguratio was completed. The 
inauguratio was, in early times, always performed 
by the augurs ; but subsequently we find that the 
B • A 



632 



INAURIS. 



INCENDIUM. 



inauguratio, especially that of the rex sacrificulus 
and of the fiamines, was sometimes performed hy 
the college of pontiffs in the comitia calata. (Gell. 
xv. 27.) But all other priests, as well as new 
members of the college of augurs, continued to be 
inaugurated by the augurs, or sometimes by the 
augurs in conjunction with some of the pontiffs 
(Liv. xxvii. 8, xl. 42) ; the chief pontiff had the 
right to enforce the inauguratio, if it was refused 
by the augurs, and if he considered that there was 
no sufficient ground for refusing it. Sometimes 
one augur alone performed the rite of inauguratio, 
as in the case of Numa Pompilius (Liv. i. ] 8 ; 
compare Cic. Brut. 1 ; Macrob. Sat. ii. 9) ; and it 
would seem that in some cases a newly appointed 
priest might himself not only fix upon the day, but 
also upon the particular augur by whom he desired 
to be inaugurated. (Cic. I.e. ; and Philip, ii. 43.) 

During the kingly period of Rome the inaugura- 
tion of persons was not confined to actual priests ; 
but the kings, after their election by the populus, 
were inaugurated by the augurs, and thus became 
the high-priests of their people. After the civil 
and military power of the kings had been conferred 
upon the consuls, and the office of high-priest was 
given to a distinct person, the rex sacrorum, he 
was, as stated above, inaugurated by the pontiffs 
in the comitia calata, in which the chief pontiff 
presided. But the high republican magistrates, 
nevertheless, likewise continued to be inaugurated 
(Dionys. ii. 6), and for this purpose they were 
summoned by the augurs (condictio, denunciatio) 
to appear on the capitol on the third day after their 
election. (Serv. ad Virg. Aen. iii. 117.) This 
inauguratio conferred no priestly dignity upon the 
magistrates, but was merely a method of obtaining 
the sanction of the gods to their election, and gave 
them the right to take the auspicia ; and on im- 
portant emergencies it was their duty to make use of 
this privilege. At the time of Cicero, however, this 
duty was scarcely ever observed. (Cic. de Divin. 
ii. 36.) As nothing of any importance was ever 
introduced or instituted at Rome without consult- 
ing the pleasure of the gods by augury, we read of 
the inauguratio of the tribes, &c. [L. S.] 

INAURIS, an ear-ring ; called in Greek ivti- 
Ttov, because it was worn in the ear (our), and 
(\\6Siov. because it was inserted into the lobe of 
the ear (\og<5s), which was bored for the purpose. 
(Horn. II. xiv. 182, Hymn. ii. in Ven. 9 ; Plin. 
H. N. xii. 1.) 

Ear-rings were worn by both sexes in oriental 
countries (Plin. H. N. xi. 50) ; especially by the 
Lydians (Xen. Anab. iii. 1. § 31), the Persians 
(Diod. Sic. v. 45), the Babylonians (Juv. i. 104), 
and also by the Libyans (Macrob. Sat. vii. 3), and 
the Carthaginians (Plaut. Poen. v. 2. 21). Among 
the Greeks and Romans they were worn only by 
females. 

This ornament consisted of the ring (tcpiiios, 
Diod. Sic. I. e.) and of the drops (stalagmia, Festus, 
s. v. ; Plaut. Men. iii. 3. 18.) The ring was gene- 
rally of gold, although the common people also 
wore ear-rings of bronze. See Nos. 1, 4, from the 
Egyptian collection in the British Museum. Instead 
of a ring a hook was often used, as shown in Nos. 
6, 8. The women of Italy still continue the 
same practice, passing the hook through the lobe 
of the ear without any other fastening. The drops 
were sometimes of gold, very finely wrought (see 
Nos. 2, 7, 8), and sometimes of pearls (Plin. ll.ee. ; 




Sen. de Ben. vii. 9 ; Ovid. Met. x. 265 ; Claud, de 
VI. Cons. Honor. 528 ; Sen. Hippol. ii. 1. 33), and 
precious stones (Nos. 3, 5, 6). The pearls were 
valued for being exactly spherical (Hor. Epod. viii. 
1 3), as well as for their great size and delicate 
whiteness ; but those of an elongated form, called 
elencki, were also much esteemed, being adapted to 
terminate the drop, and being sometimes placed 
two or three together for this purpose. (Plin. H. N. 
ix. 56 ; Juv. vi. 364.) In the Iliad (xiv. 182, 183), 
Hera, adorning herself in the most captivating 
manner, puts on ear-rings made with three drops 
resembling mulberries. (See Eustath. ad he. ) Pliny 
observes (xi. 50) that greater expense was lavished 
on no part of the dress than on the ear-rings. 
According to Seneca (I. c.) the ear-ring, No. 3, in 
the preceding woodcut, in which a couple of pearls 
are strung both above and below the precious stone, 
was worth a patrimony. (See also De Vita Beata, 
17.) All the ear-rings above engraved belong to 
the Hamilton collection in the British Museum. 

In opulent families the care of the ear-rings was 
the business of a female slave, who was called 
Auriculae Ornatrix (Gruter, Inscrip.). The Venus 
de' Medici, and other female statues, have the ears 
pierced, and probably once had ear-rings in them. 
The statue of Achilles at Sigeum, representing him 
in female attire, likewise had this ornament. (Serv. 
in Virg. Aen. i. 30 ; Tertull. de Pall. 4.) [J. Y.] 

INCE'NDIUM, the crime of setting any object 
on fire, by which the property of a man is endan- 
gered. It was thus a more general term than 
the modern Arson, which is limited to the act of 
wilfully and maliciously burning the property of 
another. The crime of incendium was the subject 
of one of the laws of the Twelve Tables, which in- 
flicted a severe punishment on the person who set 
fire to property maliciously (sciens, prudens) ; but if 
it was done by accident (easu, id est, negligentia), the 
law obliged the offender to repair the injury he 
had committed. (Dig. 47. tit. 9. s. 9.) The pun- 
ishment, however, of burning alive, which is men- 
tioned in the passage of the Digest referred to, is 
supposed by modern commentators not to have been 
contained in the Twelve Tables, but to have been 
transferred from the imperial period to earlier times. 
In the second Punic war a great fire broke out at 



INCEST I'M. 



IXCITEGA. 



633 



Rome, which was evidently occasioned humana 
fruude. The offenders were discovered and pun- 
ished (animadversum est), but Livy unfortunately 
does not state (xxvi. 27) in what manner. The 
crime of incendium was the subject of various 
enactments in the last century of the republic 
Sulla, in his Lex Cornelia de Sicariis, punished ma- 
licious (dolo malo) incendium, but only in the city, 
or within a thousand paces of it, with aquae et ignis 
interdictio, since it was frequently employed as a 
means for the perpetration of murder, which was 
especially the subject of this law. (Dig. 48. tit. 8. 
. 8. 1.) Cn. Pompeius, in b. c. 52, made incendium 
a crime of Vis by his Lex Pompeia de Vi, in conse- 
quence of the burning of the Curia and the Porcia 
Basilica on the burial of Clodius ; and Julius Caesar 
also included it in his Lex Julia de Vi, which en- 
acted that any act of incendium committed by 
large numbers of men, even if the object of their 
assembling together was not incendium, should be 
treated as Vis, and punished with aquae et ignis 
interdictio. (Cic Phil. i. 9 ; comp. Parad. 4.) The 
more recent Lex Julia de Vi seems to have been 
less severe, but it is uncertain what punishment it 
ordained. (Paull. v. 26. § 3.) Besides the two 
criminal prosecutions given by the Lex Cornelia 
and Lex Julia, a person could also bring actions to 
recover compensation for the injury done to his 
property : 1 . By the actio legis A quilliae, in case 
of accidental incendium. (Dig. 9. tit. 2. s. 27 § 5.) 
2. In the case of a person who had committed 
robbery or done injury during an incendium, 
there was a praetorian action de incendio, which 
compelled him to restore fourfold the amount. (Dig. 
47. tit 9. ss. 1,5.) In the imperial period various 
distinctions were made in the crime. First, a dis- 
tinction was made according to the greater or smaller 
danger of the incendium to the contiguous objects: 
thus incendinm in the city was punished with less 
severity than incendium in the country. Secondly, 
a distinction was made according as the act had 
been performed dolo, culpa, or casu. If the incen- 
dium was not malicious, but still might have been 
avoided by ordinary care, a person had to make 
compensation ; but if the incendium was purely ac- 
cidental, no compensation was necessary. The 
coijnitio was extraordinaria and belonged to the 
Pracfectus urbi, who could inflict whatever pun- 
ishment he pleased, for it appears that there was 
no punishment fixed by law. We accordingly find 
mention of execution by the sword, burning alive, 
condemnation to the mines and to public works, 
deportatio, relcgatio, flogging, &c, as punishments 
inflicted on account of incendium. (Dig. 4!i. tit. 19, 
». 28. § 12; 9. tit. 2. s. 30. § 3 ; 47. tit. 9. § 1 ; 
Paull. v. 20. § 1. v. 3. § 6 ; Coll. Leg. tit. 12.) 
The preceding account is taken from Kein, Das 
f'riminalrecht der Homer, pp. 765 — 774, where all 
the authorities are given. 

INCENSUS. [Caput ; Census, p. 263, a.1 
INCESTUM or INCESTUS. Incestum is 
non castum, and signifies generally all immoral 
and irreligious acts. In a narrower sense it denotes 
the unchastity of a Vestal, and sexual intercourse 
of persons within certain degrees of consanguinity. 
If a man married a woman whom it was for- 
bidden for him to marry by positive morality 
(inoribiis), he was said to commit incestum. (Dig. 
2& tit. 2. ». 39.) Such a marriage was in fact no 
marriage, for the necessary connubium between 
the parties was wanting. Accordingly, incestum 



is the sexual connection of a male and a female, 
whether under the form of marriage or not, if such 
persons cannot marry by reason of consanguinity. 

There was no connubium between persons re- 
lated by blood in the direct line, as parents and 
children. If such persons contracted a marriage it 
was Nefariae et Incestae nuptiae. There was no 
connubium between persons who stood in the rela- 
tion of parent and child by adoption, not even 
after the adopted child was emancipated. There 
were also restrictions as to connubium between 
collateral kinsfolk (ex transverso gradu cognationis) : 
there was no connubium between brothers and 
6isters, either of the whole or of the half blood ; 
nor between children of the blood and children by 
adoption, so long as the adoption continued, or so 
long as the children of the blood remained in the 
power of their father. There was connubium be- 
tween an uncle and his brother's daughter, after 
the emperor Claudius had set the example by 
marrying Agrippina ; but there was none between 
an uncle and a sister's daughter. There was no 
connubium between a man and his amita or mater- 
tera [Cognati] ; nor between a man and his 
socrus, nurus, privigna or noverca. In all such 
cases when there was no connubium, the children 
had a mother, but no legal father. 

Incest between persons in the direct line was 
punishable in both parties ; in other cases only in 
the man. The punishment was Relegatio, as in 
the case of adulter} - . -Concubinage between near 
kinsfolk was put on the same footing as marriage. 
(Dig. 23. tit. 2. s.56.) In the case of adulterium 
and stupmni between persons who had no connu- 
bium, there was a double offence: the man was 
punished with deportatio, and the woman was sub- 
ject to the penalties of the Lex Julia. (Dig. 48. 
tit. 18. s. 5.) Among slaves there was no inces- 
tum, but after they became free their marriages 
were regulated according to the analogy of the 
connubium among free persons. It was incestum 
to have knowledge of a vestal virgin, and both 
parties were punished with death. 

That which was stuprum, was considered inces- 
tum when the connection was between parties who 
had no connubium. Incestum, therefore, was 
stuprum, aggravated by the circumstance of real or 
legal consanguinity, and, in some cases, affinity. 
It was not the form of marriage between such per- 
sons that constituted the incestum ; for the nuptiae 
were incestae, and therefore no marriage, and the 
incestuous act was the sexual connection of the 
parties. Sometimes incestum is said to be contra 
fas, that is, an act in violation of religion. The 
rules as to Incestum were founded partly on the 
Jus flentium and partly on the Jus Civile ; but 
the distinction did not exist in the early periods, 
and the rules as to Incestum were only such as 
were recognized by the Jus Gentium. Though 
the rule? as to Incestum were afterwards more 
exactly determined by the Jus Civile, there does 
not seem to have been any complete lex on the 
matter. The Lex Julia de adultcriis only treated 
Incestum incidentally, or so fur as it was also 
adultery : but the jurists connected all the im- 
perial legislation on this matter and their own inter- 
pretation with the Lex Julia. (Ilcin, lias Crimi- 
nal redd der Kumar, p. 869, Ace.) [G. L.] 

INCITE'OA, a corruption of the Greek 
ayyoWjKTj or iyyvlH)K-n, a term used to denote a 
piece of domestic furniture, tariuusly funned ac- 



634 INCUNABULA, 
cording to the particular occasion intended ; made 
of silver, bronze, clay, stone, or wood, according to 
the circumstances of the possessor ; sometimes 
adorned with figures ; and employed to hold 
amphorae, bottles, alabastra, or any other vessels 
which were round or pointed at the bottom, and 
therefore required a separate contrivance to keep 
them erect. (Festus, s.v. Incitega ; Bekker, Anecd. 
245 ; "Wilkinson, Man. and Customs, vol. ii. pp.158, 
160, 216, 217.) Some of those used at Alexandria 
were triangular. (Athen. v. 45.) We often see 
them represented in ancient Egyptian paintings. 
The annexed woodcut shows three ayyodrtKai, 
which are preserved in the British Museum. Those 
on the right and left hand are of wood, the one 
having four feet, the other six ; they were found 
in Egyptian tombs. The third is a broad earth- 
enware ring, which is used to support a Grecian 
amphora. [J- Y.] 




I'NCOLA. [Domicilium.] 

INCORPORATES RES. [Dominium.] 

INCUNABULA or CUNA'BULA (Wpya- 
vov), swaddling-clothes. 

The first thing done after the birth of a child 
was to wash it ; the second to wrap it in swad- 
dling clothes, and the rank of the child was indi- 
cated by the splendour and costliness of this, its 
first attire. Sometimes a fine white shawl, tied 
with a gold band, was used for the purpose (Horn. 
Hymn. inApoll. 121, 122) ; at other times a small 
purple scarf, fastened with a brooch. (Pind. Pyth. 
iv. 114 ; x*- a f-^ lov i Longus, i. 1. p. 14, 28, ed. 
Boden.) The poor used broad fillets of common cloth 
(panni, Luke, ii. 7, 12 ; Ezek. xvi. 4. Vulg. ; com- 
pare Horn. Hymn, in Merc. 151, 306; Apollod. 
Bibl. iii. 1 0. § 2 ; Aelian, V. H. ii. 7 ; Eurip. Ion, 
32 ; Dion Chrysost. vi. p. 203, ed. Reiske ; Plaut. 




INFAMIA. 

Amphit. v. 1. 52, True. v. 13). The preceding 
woodcut, taken from a beautiful bas-relief at Rome, 
which is supposed to refer to the birth of Telephus, 
shows the appearance of a child so clothed, and 
renders in some degree more intelligible the fable 
of the deception practised by Rhea upon Saturn in 
saving the life of Jupiter by presenting a stone, 
enveloped in swaddling-clothes, to be devoured by 
Saturn instead of his new-born child. (Hes. Tlieog. 
485.) It was one of the peculiarities of the Lace- 
daemonian education to dispense with the use of 
incunabula, and to allow children to enjoy the free 
use of their limbs. (Plut. Lycwrg. p. 90, ed. 
Steph.) [J. Y.] 

INCUS (&K/i03v), an anvil. The representa- 
tions of Vulcan and the Cyclopes on various works 
of art, show that the ancient anvil was formed like 
that of modern times. When the smith wanted to 
make use of it, he placed it on a large block of 
wood (a.Kjx6@^Tov, Horn. II. xviii. 410, 476, Od. 
viii. 274 ; positis incudihus, Virg. Aen. vii. 629 ; 
viii. 451) ; and when he made the link of a chain, 
or any other object which was round or hollow, he 
beat it upon a point projecting from one side of 
the anvil. The annexed woodcut, representing 
Vulcan forging a thunderbolt for Jupiter, illus- 
trates these circumstances ; it is taken from a gem 
in the Royal Cabinet at Paris. It appears that in 




the " brazen age," not only the things made upon 
the anvil, but the anvil itself, with the hammer 
and the tongs, were made of bronze. (Horn. Od. 
iii. 433, 434 ; Apollon. Rhod. iv. 761, 762.) 
[Malleus.] [J. Y.] 

INDEX. [Liber.] 
INDIGITAMENTA. [Pontifex.] 
INDU'SIUM. [Tunica.] 
I'NDUTUS. [Amictus ; Tunica.] 
INFA'MIA. The provisions as to Infamia, as 
they appear in the legislation of Justinian, are con- 
tained in Dig. 3. tit. 2. De his qui notantur In- 
famia, and in Cod. 2. tit. 12. Ex quibus causis In- 
famia irrogatur. The Digest contains (s. 1) the 
cases of Infamia as enumerated in the Praetor's 
Edict. There are also various provisions on the 
subject in the Lex Julia Municipalis (b. c. 45), 
commonly called the Table of Heraclea. 

Infamia was a consequence of condemnation in 
any Judicium Publicum, of ignominious (ignominiae 
causa) expulsion from the army (Tab. Heracl. 1. 
121), of a woman being detected in adultery, 
though she might not have been condemned in a 
Judicium Publicum, &c. ; of condemnatio for Fur- 



INFAMIA. 



INFAMIA. 



G35 



turn, Rapina, Injuriae, and Dolus Malus, provided 
the offender was condemned in his own name, or 
provided in his own name he paid a sum of money 
by way of compensation ; of condemnation in an ac- 
tion Pro Socio, Tutelae, Mandatum, Depositum or 
Fiducia (compare the Edict with Cic. pro Rose. 
Com. 6, pro Rose. Amer. 38, 39, pro Caecina, 
2, Top. c. 10; Tab. Hcracl. L 111), provided 
the offender was condemned in his own name, 
jfnfamia only followed for a condemnatio in a 
directa actio, not if a man was condemned con- 
trario judicio, unless the person condemned was 
guilty of some special dishonesty. Infamia was also 
a consequence of insolvency, when a man's bona 
were Possessa, Proscripta, Vcndita (Cic. pro 
Quint. 15 ; Tab. Heracl. L 113—117 ; Gaius, ii. 
154) ; of a widow marrying within the time ap- 
pointed for mourning, but the Infamia attached to 
the second husband, if he was a paterfamilias, and 
if he was not, then to his father, and to the father 
of the widow if she was in his power ; the Edict 
does not speak of the Infamia of the widow, but it 
was subsequently extended to her. Infamia was 
a consequence of a man being at the same time in 
the relation of a double marriage or double sponsa- 
lia ; the Infamia attached to the man if he was a 
paterfamilias, and if he was not, to his father ; the 
Edict here also speaks only of the man, but the 
Infamia was subsequently extended to the woman. 
Infamia was a consequence of prostitution in the 
case of a woman, of similar conduct in a man (qui 
muliebria passus est), of Lenocinium or gaining a 
living by aiding in prostitution (Tab. Heracl. 1. 
123) ; of appearing on a public stage as an actor, 
of engaging for money to appear in the fights of the 
wild beasts, even if a man did not appear, and of 
appearing there, though not for money. 

It results from this enumeration that Infamia 
was only the consequence of an act committed by 
the person who became lnfamis, and was not the 
consequence of any punishment for such act In 
some cases it only followed upon condemnation ; in 
others it was a direct consequence of an act, as soon 
as such act was notorious. 

It has sometimes been supposed that the Prae- 
tor established the Infamia as a rule of law, which 
however was not the case. The Praetor made cer- 
tain rules as to Postulatio (Dig. 3. tit. 1. s. 1 ), for 
the purpose of maintaining the purity of his court. 
With respect to the Postulatio, he distributed per- 
sons into three classes. The second class compre- 
hended, among others, certain persons who were 
turpitudinc notalnlen, who might postulate for them- 
selves but not for others. The third class contained, 
among others, all those "qui Edicto Praetoris ut 
infames notantur," and were not already enume- 
rated in the second class. Accordingly it was 
necessary for the PraHor to enumerate all the In- 
fames who were not included in the second class, 
ami this he did in the Edict as quoted. (Dig. 3. 
tic 2. s. 1.) Consistently with this, Infamia was al- 
ready an established legal condition ; and the Prae- 
Uh in his edicts on Population did not make a 
class of persons called Infames, but he enumerated 
as persons to be excluded from certain rights of 
Postulntion, those who were Infames. Conse- 
quently the legal notion of Infamia was fixed before 
these edicts. 

It is necessary to distinguish Infamia from the 
Nota Ccnsoria. The Infamia docs not seem to 
have been created by written law, but to have 



been an old Roman institution. In many cases, 
though not in all, it was a consequence of a judi- 
cial decision. The power of the Censors was in its 
effects analogous to the Infamia, but different from 
it in many respects. The Censors could at their 
pleasure remove a man from the Senate or the 
Equites, remove him into a lower tribe, or remove 
him out of all the tribes, and so deprive him of his 
sulfragium, by reducing him to the condition of an 
aerarius. (Cic. pro Cluent. 43, 45.) They could 
also affix a mark of ignominy or censure opposite 
to a man's name in the list of citizens, nota eensoria 
or subscriptio (Cic. pro Cluent. 42, 43, 44, 4G, 
47) ; and in doing this, they were not bound to 
make any special inquiry, but might follow general 
opinion. This arbitrary mode of proceeding was 
however partly remedied by the fact that such a 
censorian nota might be opposed by a colleague, or 
removed by the following censors, or by a judicial 
decision, or by a lex. Accordingly the censorian 
nota was not perpetual, and therein it differed 
essentially from Infamia, which was perpetual. 

The consequences of Infamia were the loss of 
certain political rights, but not all. It was not a 
capitis deminutio, but it resembled it. The ln- 
famis became an Aerarius, and lost the suffragium 
and honores ; that is, he lost the capacity for cer- 
tain so-called public rights, but not the capacity for 
private rights. Under the empire, the Infamia lost 
its effect as to public rights, for such rights became 
unimportant. 

It might be doubted whether the loss of the 
suffragium was a consequence of Infamia, but the 
affirmative side is maintained by Savigny with 
such reasons as may be pronounced completely con- 
clusive. It appears from Livy (vii. 2) and Valerius 
Maximus (ii. 4. § 4), that the Actores Atellanarum 
were not cither removed from their tribe (nee tribu 
moventur), nor incapable of serving in the army : in 
other words such actors did not become Infames, 
like other actors. The phrase " tribu moveri " is 
ambiguous, and may mean cither to remove from 
one tribe to a lower, or to move from all the tribes, 
and so make a man an .aerarius. Now the mere re- 
moving from one tribe to another must have been 
an act of the Censors only, for it was necessary to 
fix the tribe into which the removal was made: 
but this could not be the case in a matter of In- 
famia, which was the effect of a general rule, and 
a general rule could only operate in a general way ; 
that is, " tribu moveri," as a consequence of In- 
famia, must have been a removal from all the 
tribes, and a degradation to the state of an Aera- 
rius. (Compare Liv. xlv. 15.) 

The Lex Julia Municipals does not contain the 
word Infamia, but it mentions nearly the same 
cases as those which the Edict mentions as cases 
of Infamia. The Lex excludes persons who fall 
within its terms, from being Senatores, Decuriones, 
Cnnscripti of their city, from giving their vote in 
the senate of their city, nnd from magistracies 
which gave a man access to the senate : but it nays 
nothing of the right of voting being taken away. 
Savigny observes that than would be no incon- 
sistency in supposing that the lex refused only 
the Honores in the municipal towns, while it still 
allowed Infames to retain the siiffnigitim in such 
towns, though the practice was different in Rome, 
if we consider that the sutfnigiiim in the Roman 
Comitia wns a high privilege, while in the munici- 
pal towns it was coni|ntratively unimportant 



636 INFANS, INFANTIA. 

Cicero (pro Rose. Com. 6) speaks of the judicia 
Fiduciae, Tutelae, and Societatis as " summae 
existimationis et pene capitis." In another oration 
(pro Quint. 8, 9, 13, 15, 22) he speaks of the ex 
edicto possessio bonorum as a capitis causa, and in 
fact as identical with Infamia (c. 15, cujus bona 
ex edicto possidentis, hujus oranis fama et exis- 
timatio cum bonis simul possidetur). This capitis 
minutio, however, as already observed, affected 
only the public rights of a citizen ; whereas the 
capitis deminuto of the imperial period and the 
expression capitalis causa, apply to the complete 
loss of citizenship. This change manifestly arose 
from the circumstance of the public rights of the 
citizens under the empire having become alto- 
gether unimportant, and thus the phrase capitis 
deminutio, under the empire, applies solely to the 
individual's capacity for private rights. 

In his private rights the Infamis was under 
some incapacities. He could only postulate before 
the Praetor on his own behalf, and on behalf of 
certain persons who were very nearly related to 
him, but not generally on behalf of all persons. 
Consequently he could not generally be a Cognitor 
or a Procurator. Nor could a cause of action be 
assigned to him, for by the old law he must sue as 
the cognitor or procurator of the assignor (Gaius, 
ii. 39) ; but this incapacity became unimportant 
when the Cessio was effected by the utiles actiones 
without the intervention of a Cognitor or Procu- 
rator. The Infamis could not sustain a Popularis 
Actio, for in such case he must be considered as a 
procurator of the state. The Infamis was also 
limited as to his capacity for marriage, an incapa- 
city which originated in the Lex Julia. (UIp. Frag. 
xiii.) This lex prohibited senators, and the chil- 
dren of senators, from contracting marriage with 
Libertini and Libertinae, and also with other dis- 
reputable persons enumerated in the lex : it also 
forbade all freemen from marrying with certain 
disreputable women. The Jurists made the fol- 
lowing change: — they made the two classes of 
disreputable persons the same, which were not 
the same before, and they extended the prohibition, 
both for senators and others, to all those whom the 
Edict enumerated as Infames. The provisions of 
the Lex Julia did not render the marriage null, but 
it deprived the parties to sucli marriage of the privi- 
leges conferred by the lex ; that is, such a marriage 
did not release them from the penalties of celibacy. 
A senatus-consultum, under M. Aurelius, however, 
made such marriage null in certain cases. (Savigny, 
System, &c, vol. ii.) [G. L.j 

INFA'MIS. [Infamia.] 

INFANS, INFA'NTIA. In the Roman law 
there were several distinctions of age which were 
made with reference to the capacity for doing legal 
acts: — 1. The first period was from birth to the 
end of the seventh year, during which time per- 
sons were called Infantes, or Qui fari non possunt. 
2. The second period was from the end of seven 
years to the end of fourteen or twelve years, ac- 
cording as the person was a male or a female, 
during which persons were defined as those Qui 
fari possunt. The persons included in these first 
two classes were Impuberes. 3. The third period 
was from the end of the twelfth or fourteenth to 
the end of the twenty-fifth year, during which 
period persons were Adolescentes, Adulti. The 
persons included in these three classes were 
minores xxv annis or annorum, and were often, for 



INFANS, INFANTIA. 
brevity's sake, called minores only [Curator] ; 
and the persons included in the third and fourth 
class were Puberes. 4. The fourth period was from 
the age of twenty-five, during which persons were 
Majores. 

The term Impubes comprehends Infans, as all 
Infantes are Impuberes ; but all Impuberes are not 
Infantes. Thus the Impuberes were divided into 
two classes ; Infantes or those under seven years of 
age, and those above seven, who are generally un- 
derstood by the term Impuberes. Pupillus is a 
general name for all Impuberes not in the power of 
a father. (Dig. 50. tit. 16. s. 239.) 

The commencement of Pubertas was the com- 
mencement of full capacity to do legal acts. Be- 
fore the commencement of Pubertas, a person, 
according to the old civil law, could do no legal 
act without the auctoritas of a tutor. This rule 
was made for those Impuberes who had property 
of their own ; for it could have no application to 
Impuberes who were' in the power of a father. 
Now the age of pubertas was fixed as above men- 
tioned, on the supposition that persons were then 
competent to understand the nature of their acts, 
and the age of twelve or fourteen was only fixed 
because it was necessary to fix some limit which 
might apply to all cases ; but it was obvious that in 
many cases when a person bordered on the age of 
Puberty (pubertati proximus), and had not yet 
attained it, he might have sufficient understanding 
to do many legal acts. Accordingly, a person who 
was proximus pubertati was in course of time con- 
sidered competent to do certain legal acts without 
the auctoritas of a tutor ; but to secure him against 
fraud or mistake, he could only do such acts as 
were for his own advantage. This relaxation of 
the old law was beneficial both to the Impubes 
and to others, but owing to its being confined to 
such narrow limits of time, it was of little practical 
use, and accordingly it was extended as a positive 
rule to a longer period below the age of puberty ; 
but still with the same limitation : the Impubes 
could do no act to his prejudice without the 
auctoritas of a tutor. It was, however, necessary 
to fix a limit here also, and accordingly it was 
determined that such limited capacity to do legal 
acts should commence with the termination of 
infantia, which, legally defined, is that period after 
which a person, either alone or with a tutor, is 
capable of doing legal acts. 

Infans properly means Qui fari non potest ; and 
he of whom could be predicated, Fari potest, 
was not Infans, and was capable of doing certain 
legal acts. The phrase Qui fari potest is itself 
ambiguous ; but the Romans, in a legal sense, did 
not limit it to the mere capacity of uttering words, 
which a child of two or three years generally pos- 
sesses, but they understood by it a certain degree 
of intellectual developement ; and, accordingly, the 
expression Qui fari potest expressed not only that 
degree of intellectual development which is shown 
by the use of intelligible speech, but also a 
capacity for legal acts in which speech was re- 
quired. Thus the period of infantia was extended 
beyond that which the strict etymological meaning 
of the word signifies, and its termination was fixed 
by a positive rule at the end of the seventh year, 
as appears by numerous passages. (Dig. 26. tit. 7. 
s. 1 ; 23. tit. 1. s. 14 ; Cod. 6. 'tit. 30. s. 18 ; 
Quintilian, Inst. Or. i. 1 ; Isidorus, Oiig. xi. 2.) 
The expressions proximus pubertati, and proxi- 



INFULA. 



INJURIA. 



637 



mus infantiae or infanti (Gaius, iii. 109), arc used 
by the Roman jurists to signify respectively one 
who is near attaining Pubertas, and one who has 
just passed the limit of Infantia. (Savigny, System 
des lieut. R. R. voL iii.) [Impi'bes.] [G. L.] 

INFE'RIAE. [Funus, p. 562, b.J 

I'NFULA, a flock of white and red wool, which 
was slightly twisted, drawn into the form of "a 
wreath or fillet, and used by the Romans for orna- 
ment on festive and solemn occasions. In sacri- 
ficing it was tied with a white band [Vitta] to 
the head of the victim (Virg. Georg. iii. 487 ; 
Lucret i. 88 ; Sueton. Calig. 27), and also of the 
priest, more especially in the worship of Apollo 
and Diana. (Virg. Aen. ii. 430, x. 538 ; Scrvius, 
in loc. ; Isid. Grig. xix. 30 ; Festus, s. v. Infulae.) 
The " torta infula " was wom also by the Vestal 
Virgins. (Prud. c. Sym. ii. 1085, 1094.) Its use 
seems analogous to that of the lock of wool wom 
by the flamines and salii [Apex]. At Roman 
marriages the bride, who carried wool upon a dis- 
taff in the procession [Fuses], fixed it as an infula 
upon the door-case of her future husband on enter- 
ing the house. (Lucan, ii. 355 ; Plin. H. A', xxix. 
2; Servius, in Vira. Aen. it. 458.) [J. Y.J 

INGE'NUI, INGENU'ITAS. Freemen (fi- 
beri) were cither ingenui or libertini. Ingenui are 
those free men who are born free. (Gaius, i. 11.) 
Libertini are those who are manumitted from legal 
slavery. Though freedraen (libertini) were not 
ingenui, the sons of libertini were ingenui. A 
libertinus could not by adoption become ingenuus. 
(Cell. v. 19.) If a female slave (ancilla) was 
pregnant, and was manumitted before she gave 
birth to a child, such child was born free, and 
therefore was ingenuus. In other cases, also, the 
law favoured the claim of free birth, and conse- 
quently of ingenuitas. (Paulus, Sent. Recrjit. iii. 
24, and v. 1. De literati causa.) If a man's in- 
genuitas was a matter in dispute, there was a 
judicium ingenuitatis. (Tacit. Ann. xiii. 27 ; 
Paulus, S. R. v. 1.) 

The words ingenuus and libertinus arc often 
opposed to one another ; and the title of freeman 
(li/jer), which would comprehend libertinus, is 
•ometimcs limited by the addition of ingenuus 
(liber ct ingenuus, Ilor. Ar. J'. 383). According 
to Cincius, in his work on Comitia, quoted by 
Festus (*, v. Patricioa), those who, in his time, 
were called ingenui, were originally called patricii, 
which is interpreted by Gocttling to mean that 
Gentiles were originally called Ingenui also : a 
manifest misunderstanding of the passage. If this 
passage has any certain meaning, it is this: ori- 
ginally the; name ingenuus did not exist, but the 
word pntricius was sufficient to express a Roman 
citizen by birth. This remark then refers to a 
time when there were no Roman citizens except 
pntricii ; and the definition of ingenuus, if it had 
then been in use, would have been a sufficient de- 
finition of a pntricius. nut the word ingenuus was 
Introduced, in the sense here stated, at a later time, 
and when it wns wanted for the purpose of indicat- 
ing a citizen by birth, merely as such. Thus, in 
the speech of Appius Claudius Crassus (Liv. vi. 
40), hi; contrasts with persons of patrician descent, 
" Unus Quiritium quilibet, duobus ingenuis or- 
tus." Further, the definition of Gcntilis by 
Scnevoln |Ukns, p. ">';7J, shows thnt a mnn might 
lie ingenuus and yet not gcntilis, for he might be 
the son of a frccdinan , mid this is consistent with 



Livy (x. 8). If Cincius meant his proposition to 
be as comprehensive as the terms will allow us to 
take it, the proposition is this : — All (now) ingenui 
comprehend all (then) patricii ; which is untrue. 

Under the empire, Ingenuitas, or the Jura In- 
genuitatis, might be acquired by the imperial 
favour ; that is, a person, not ingenuus by birth, 
was made so by the sovereign power. A freedman 
who had obtained the Jus Annulorum Aurcorum, 
was considered ingenuus ; but this did not inter- 
fere with the patronal rights. (Dig. 40. tit. 10. s. 
5 and 6.) By the natalibus restitutio the princeps 
gave to a libertinus the character of ingenuus ; a 
form of proceeding which involved the theory of 
the original freedom of all mankind, for the liber- 
tinus wa3 restored, not to the state in which he 
had been born, but to his supposed original state of 
freedom. In this case the patron lost his patronal 
rights by a necessary consequence, if the fiction 
were to have its full effect (Dig. 40. tit. 11.) It 
seems that questions as to a man's ingenuitas were 
common at Rome ; which is not surprising, when 
we consider that patronal rights were involved in 
them. [G. L.] 

INGRA'TUS. [Patroxus.] 

INJU'RIA. Injuria, in the general sense, is 
opposed to Jus. In a special sense injuria was 
done by striking or beating a man either with the 
hand or with any thing ; by abusive words (con- 
vicium) ; by the proscriptio bonorum, when the 
claimant knew that the alleged debtor was not 
really indebted to him, for the bonorum proscriptio 
was accompanied with infamia to the debtor (Cic. 
pro Quint. 6, 15, 16) ; by libellous writings or 
verses ; by soliciting a mater familias or a prae- 
textatus [ImpibesJ ; and by various other acts. 
A man might sustain injuria either in his own 
person, or in the person of those who were in his 
power or in manu. No injuria could be done to a 
slave, but certain acts done to a slave were an in- 
juria to his master, when the acts were such as 
appeared from their nature to be insulting to the 
master ; as, for instance, if a man should flog 
another man's slave, the master had a remedy 
against the wrong-doer, which was given him by 
the praetor's formula. But in many other cases of 
a 6lave being maltreated, there was no regular 
formula by which the master could have a remedy, 
and it was not easy to obtain one from the praetor. 

The Twelve Tables had various provisions on 
the subject of Injuria. Libellous songs or verses 
were followed by capital punishment, that is, 
death, as it appears (Cic. /<rp. iv. 10, and the 
notes in Mai's edition). In the case of a limb 
being mutilated the punishment was Talio ( Festus, 
s. v. Talio). In the case of a broken bone, the 
penalty was 300 asses if the injury was done to a 
freeman, and 150 if it was done to a slave. In, 
other cases the Tables fixed the penalty at 25 asses. 
(Gellius, xvi. 10, xx. I ; Dirkscn, Ueberriclit, &c.) 

These penalties which were considered sufficient 
at the time when they were fixed, were afterwards 
considered to be insufficient ; and the injured per- 
son wns allowed by the praetor to clnim such 
dnmnges as he thought that he wns entitled to, and 
the judex might give the full nmount or less. But 
in the case of n very serious injury (atmx injuria), 
when the praetor required security for the defend- 
ant's nppenrnnce to be given in n pnrticulur sum, 
it wns usunl to claim such sum as the diinmgrs in 
the plaintitT's declaration, and though the judex 



638 



INSIGNE. 



INSIGNE. 



was not bound to give damages to that amount, he 
seldom gave less. An injuria had the character 
of atrox, either from the act itself, or the place 
where it was done, as for instance, a theatre or 
forum, or from the condition of the person injured, 
as if he were a magistratus, or if he were a senator 
and the wrong-doer were a person of low condition. 

A Lex Cornelia specially provided for cases of 
pulsatio, verberatio, and forcible entry into a man's 
house (domus). The jurists who commented on 
this lex denned the legal meaning of pulsatio, ver- 
beratio, and domus. (Dig. 47. tit. 10. s. 5.) 

The actions for Injuria were gradually much ex- 
tended, and the praetor would, according to the 
circumstances of the case (causa cognila), give a 
person an action in respect of any act or conduct 
of another, which tended, in the judgment of the 
praetor, to do him injury in reputation or to wound 
his feelings. (Dig. 47. tit. 10. s. 15, 22, 23, 24, 
&c.) Many cases of Injuria were subject to a 
special punishment (Dig. 47. tit. 11) as deportatio ; 
and this proceeding extra ordinem was often 
adopted instead of the civil action. Various imperial 
constitutions affixed the punishment of death to 
libellous writings (famosi libelli). [Libblli.] 

Infamia was a consequence of condemnation in 
an actio Injuriarum [Infamia]. He who brought 
such an action per calumniam was liable to be 
punished extra ordinem. (Gaius, iii. 220 — 225 ; 
Hor. Sat. i. 1. 80 ; Dig. 47. tit. 10 ; Cod. Theod. 
ix. tit. 34 ; Cod. ix. tit. 36 ; Paulus, Sent, Recep. 
v. tit. 4 ; Rein, Das Criminalrecht der Romcr, 
p. 35, &c.) [G. L.] 

INJURIA'RUM ACTIO. [Injuria.] 
INOA ('\v&a), festivals celebrated in several 
parts of Greece, in honour of the ancient heroine 
Ino. At Megara she was honoured with an annual 
sacrifice, because the Megarians believed that her 
body had been cast by the waves upon their coast, 
and that it had been found and buried there by 
Cleso and Tauropolis. (Paus. i. 42. § 8.) Another 
festival of Ino was celebrated at Epidaurus Limera, 
in Laconia. In the neighbourhood of this town 
there was a small but very deep lake, called the 
water of Ino, and at the festival of the heroine the 
people threw barley-cakes into the water. When 
the cakes sank it was considered a propitious sign, 
but when they swam on the surface it was an evil 
sign. (Paus. iii. 23. § 5.) An annual festival, 
with contests and sacrifices, in honour of Ino, was 
also held on the Corinthian Isthmus, and was said 
to have been instituted by king Sisyphus. (Tzetzes, 
ad Lycophr.) [L. S.] 

INOFFICIO'SUM TESTAME'NTUM. 
[Testamentum.] 
INQUILI'NUS. [Exsilium, p. 516, b.] 
INSA'NIA, INSA'NUS. [Curator.] 
INSIGNE (oi)ij.ziov, itsin-qfxa, iTrlari/xov, irap<i- 
(TTjftof), a badge, an ensign, a mark of distinction. 
Thus the Bulla worn by a Roman boy was one 
of the insignia of his rank. (Cic. Verr. ii. 58.) 
Five classes of insignia more especially deserve 
notice : — 

I. Those belonging to officers of state or civil 
functionaries of all descriptions, such as the Fasces 
carried before the Consul at Rome, the laticlave 
and shoes worn by senators [Calceus ; Clavus], 
the carpentum and the sword bestowed by the 
emperor upon the praefect of the praetorium. 
(Lydus, de Mag. ii. 3. 9.) The Roman Equites 
were distinguished by the " equus publicus," the 



golden ring, the angustus clavus [p. 294], and the 
seat provided for them in the theatre and the circus. 
(C. G. Schwartz, Diss. Selectae, pp. 84 — 1 01.) The 
insignia of the kings of Rome, viz. the trabea, the 
toga-praetexta, the crown of gold, the ivory sceptre, 
the sella curulis, and the twelve lictors with fasces, 
all of which except the crown and sceptre were 
transferred to subsequent denominations of magis- 
strates, were copied from the usages of the Etrus- 
cans and other nations of early antiquity. (Flor. 
i. 5 ; Sallust, B. Cat. 51 ; Virg. Aen. vii. 188, 612, 

xi. 334 ; Lydus, de Mag. i. 7, 8, 37.) 

II. Badges worn by soldiers. The centurions 
in the Roman army were known by the crests of 
their helmets [Galea], and the common men by 
their shields, each cohort having them painted in a 
manner peculiar to itself. (Veget. ii. 18 ; compare 
Caes. Bell. Gall. vii. 45.) [Clipeus.] Among 
the Greeks the devices sculptured or painted upon 
shields (see woodcut, p. 298), both for the sake 
of ornament and as badges of distinction, em- 
ployed the fancy of poets and of artists of every 
description from the earliest times. Thus the 
seven heroes who fought against Thebes, all ex- 
cept Amphiaraus, had on their shields expressive 
figures and mottoes, differently described, however, 
by different authors. (Aeschyl. Sept. c. Theb. 383 
—646 ; Eurip. Phoen. 1125—1156 ; Apollodor. 
Bibl. iii. 6. § 1.) Alcibiades, agreeably to his 
general character, wore a shield richly decorated 
with ivory and gold, and exhibiting a representa- 
tion of Cupid brandishing a thunderbolt. (Athen. 

xii. p. 534, e.) The first use of these emblems on 
shields is attributed to the Carians (Herod, i. 171) ; 
and the fictitious employment of them to deceive 
and mislead an enemy was among the stratagems 
of war. (Paus. iv.28. §3 ; Virg. Aen.W. 389—392.) 

III. Family badges. Among the indignities 
practised by the Emperor Caligula, it is related 
that he abolished the ancient insignia of the 
noblest families, viz. the torques, the cincinni, and 
the cognomen " Magnus." (Sueton. Calig. 35.) 

IV. Signs placed on the front of buildings. A 
figure of Mercury was the common sign of a 
Gymnasium ; but Cicero had a statue of Minerva 
to fulfil the same purpose. (Ad Att. i. 4.) Cities 
had their emblems as well as separate edifices ; 
and the officer of a city sometimes affixed the 
emblem to public documents as we do the seal of a 
municipal corporation. (Antigonus Caryst. 1 5.) 

V. The figure-heads of ships. The insigne of a 
ship was an image placed on the prow, and giving 
its name to the vessel. (Tacit. Ann. vi. 34 ; Caes. 
B. Civ. ii. 6.) Paul sailed from Melite to Puteoli 
in the Dioscuri, a vessel which traded between 
that city and Alexandria. (Acts, xxviii. 11.) 
Enschede' has drawn out a list of one hundred 
names of ships, which occur either in classical 
authors or in ancient inscriptions. (Diss, de Tut. 
et Insignibus Navium, reprinted in Ruhnken, 
Opusc. pp. 257 — 305.) The names were those of 
gods and heroes, together with their attributes, 
such as the helmet of Minerva, painted on the 
prow of the ship which conveyed Ovid to Pontus 
(a picta casside nomen liabet, Trist. i. 9. 2) ; of 
virtues and affections, as Hope, Concord, Victory ; 
of countries, cities, and rivers, as the Po, the Min- 
cius (Virg. Aen. x. 206), the Delia, the Syracuse, 
the Alexandria (Athen. v. 43) ; and of men, 
women, and animals, as the boar's head, which 
distinguished the vessels of Samos (Herod, iii. 59 ; 



INSTITORIA ACTIO. 

Choerilus, p. 155, ed. Naeke ; Hesych. s. t. 2a- 
fiiaKos rpoiros : Eust. in Horn. Od. xiii. p. 525), 
the swan, the tiger (Virg. Aen. x. 166), the 
bull (itfotoy-TiV ravpov, Schol. in Apoll. lihod. 
ii. 1 68). Plutarch mentions a Lycian vessel with 
the sign of the lion on its prow, and that of 
the serpent on its poop, manifestly intended to 
express the form of the chimaera. (De Mai. 
Virt. p. 441, ed. Steph.) After an engagement at 
sea, the insigne of a conquered vessel, as well as 
its aplustre, was often taken from it and suspended 
in some temple as an offering to the god. (Plut. 
Themist. p. 2 1 7.) Figure-heads were probably used 
from the first origin of navigation. On the war- 
galleys of the Phoenicians, who called them, as 
Herodotus says (iii. 37), itotoi/coi, i. e. " carved 
images," they had sometimes a very grotesque 
appearance. 

Besides the badge which distinguished each 
individual ship, and which was either an engraved 
and painted wooden image forming part of the 
prow, or a figure often accompanied by a name 
and painted on both the bows of the vessel, other 
insiifnia, which could be elevated or lowered at 
pleasure, were requisite in naval engagements. 
These were probably flags or standards, fixed to 
the aplustre or to the top of the mast, and serving 
to mark all those vessels which belonged to the 
same fleet or to the same nation. Such were " the 
Attic'" and ? the Persic signals" (to 'Attikov <ttj- 
litiov, Polyaen. iii. 1 1. § 1 1, viiL 53. § 1 ; Becker, 
Cliarikles, vol. ii. p. 63). A purple sail indicated 
the admiral's ship among the Komans, and flags of 
different colours were used in the fleet of Alexander 
the Great. (Plin. //. N. xix. 5.) [J. Y.] 

I'NSTITA (ircpnr6Ziov), a flounce ; a fillet. 
The Roman matrons sometimes wore a broad fillet 
with ample folds, Bcwed to the bottom of the tunic 
and reaching to the instep. The use of it indi- 
cated a superior regard to decency and propriety of 
manners. (Hor. Sat. i. 2. 29 ; Ovid, Ars A mat. i. 
32.) It must have resembled a modern flounce. 
By the addition of gold and jewellery it took the 
form of the more splendid and expensive CycLaS. 

When this term denoted a fillet, which was 
used by itself, a3 in the decoration of a Thyrsus 
(Stat. Theb. vii. 654), it was equivalent to Vitta 
or Fascia. [Tt .MCA.] [J. Y.] 

I'NSTITOR. [Institoria Actio.] 

INSTITO'RIA ACTIO. This actio was al- 
lowed against a man who had appointed either 
his son or a slave, and either his own or another 
man's slave, or a free person, to manage a taberna 
or any other business for him. The contracts with 
such manager, in respect of the taberna or other 
business, were considered to be contracts with the 
principal. The formula was called Institoria, be- 
cause he who was appointed to manage a taberna 
was called an Institor. And the institor, it is said, 
was so called, " quod ncgotio gerendo instet sive 
insistat." If several persons appointed an institor, 
any one of them might be sued for the whole 
amount for which the persons were liable on the 
contract of their institor ; and if one paid the de- 
mand, he had his redress over ogain.it the others 
by a societatis judicium orcommuni dividundo. A 
gnat deal of business was done through the medium 
of institorcs, and the Romans thus carried on various 
lucrative occupations in the name of their slaves, 
which they could not or would not have carried on 
personally. Institorea are coupled with Nnutac by 



INSTITUTIONES. 



639 



Horace (Ep. rvii.20), and with the Magistcr Navis 
(Carm. iii. 6. 30). (Gaius, iv. 71 ; Instit iv. 
tit. 7 ; Dig. 14. tit. 3.) [G.L.] 

INSTITUTIONES. It was the object of 
Justinian to comprise in his Code and Digest or 
Pandect, a complete body of law. But these works 
were not adapted to elementary instruction, and 
the writings of the ancient jurists were no longer 
allowed to have any authority, except so far as 
they had been incorporated in the Digest. It was, 
therefore, necessary to prepare an elementary trea- 
tise, for which purpose Justinian appointed a com- 
mission, consisting of Tribonianus, Theophilus, and 
Dorotheus. The commission was instructed to com- 
pose an institutional work which should contain the 
elements of the law (teyum cunabula), and should 
not be encumbered with useless matter (Prooem. 
Inst.). Accordingly, they produced a treatise, 
under the title of Institutiones, or Elementa (De 
Juris docendi Rutione), which was based on former 
elementary works of the same name and of a simi- 
lar character, but chiefly on the Commentarii of 
Caius or Gaius, his Res Quotidianae, and various 
other Commentarii. The Institutiones were pub- 
lished with the imperial sanction, at the close of 
the year a. d. 533, at the same time as the Digest. 

The Institutiones consist of four books, which are 
divided into titles. They treat only of Privatum 
Jus ; but there is a title on Judicia Publica at the 
end of the fourth book. The judicia publica are not 
treated of by Gaius in his Commentaries. Hein- 
eccius, in his Antiquitatum Romanarum Jurispru- 
dentiam illustrantium Syntagma, has followed the 
order of the Institutiones. Theophilus, generally 
considered to be one of the compilers of the Institu- 
tiones, wrote a Greek paraphrase upon them, which 
is still extant, and is occasionally useful. The best 
edition of the paraphrase of Theophilus is that of 
W. 0. Reitz, Haag, 1751, 2 vols. 4to. There are 
numerous editions of the Latin text of the Institu- 
tiones. The cditio princeps is that of Mainz, 1468, 
fid. ; that of Klenze and Boecking, Berlin, 1829, 
4to, contains both the Institutiones and the Com- 
mentarii of Gaius ; the most recent edition is that 
of Schrader, Berlin, 1832 and 1836. 

There were various institutional works written 
by the Roman jurists. Callistratus, who lived 
under Septimius Sevems and Antoninus Caracalla, 
wrote three books of Institutiones. Aelius Mar- 
cianus wrote sixteen books of Institutiones under 
Antoninus Caracalla. Florentinus, who lived under 
Alexander Scvcrus, wrote twelve books of Institu- 
tiones, from which there arc forty-two excerpts in 
the Digest. Paulus also wrote two books of Insti- 
tutiones. There still remain fragments of the 
Institutiones of Ulpian, which appear to have con- 
sisted of two books. But the first treatise of this 
kind that we know of was the Institutiones of 
Gaius in four books. They were formerly only 
known from a few excerpts in the Digest, from the 
Epitome contained in the Breviarium, from the 
Col latin, nnd a few quotations in the Commentary 
of Boethini on the Topica of Cicero, and in Priscinn. 

The MS. of Gaius was discovered in the library 
of the Chapter of Verona, by Niebuhr, in 1816. 
It was first copied l.y (ioesclieii ami Dethman- 
Ilollweg, and an edition was published by Goe- 
scIh-ii iii 1820. 'I'Im- deciphering "I the MS. was 
a work of gn at labour, as it is a palimpsest, the 
writing on which has been washed out, and in 
some places eras 'd with a knife, in order to adapt 



640 INSTITUTIONES. 



INTERCESSIO. 



the parchment for the purposes of the transcriber. 
The parchment, after being thus treated, was used 
for transcribing upon it some works of Jerome, 
chiefly his epistles. The old writing was so ob- 
scure that it could only be seen by applying to it 
an infusion of gall-nuts. A fresh examination of 
the MS. was made by Blume, but with little ad- 
ditional profit, owing to the condition of the manu- 
script. A second edition of Gaius was published 
by Goeschen in 1824, with valuable notes, and an 
Index Siglarum used in the MS. The preface to 
the first edition contains the complete demonstra- 
tion that the MS. of Verona is the genuine Com- 
mentarii of Gaius, though the MS. itself has no 
title. An improved edition of Goeschen's by Lach- 
mann appeared in 1842. 

It appears from the Institutiones that Gaius 
wrote that work under Antoninus Pius and M. 
Aurelius. 

Many passages in the Fragments of Ulpian are 
the same as passages in Gaius, which may be ex- 
plained by assuming that both these writers copied 
such parts from the same original. Though the 
Institutiones of Justinian were mainly based on 
those of Gaius the compilers of the Institutiones of 
Justinian sometimes followed other works : thus 
the passage in the Institutes (ii. tit. 17. § 2, "si 
quis priori ") is from the fourth book of Marcianus' 
Institutes (Dig. 36. tit. 1. s. 29) ; and, in some in- 
stances, the Institutiones of Justinian are more 
clear and explicit than those of Gaius. An in- 
stance of this occurs in Gaius (iii. 109) and the 
Institutiones of Justinian (iii. tit. 19. s. 10). 

Gaius belonged to the school of the Sabiniani 
[Jurisconsulti]. The Jurists whom he cites in 
the Institutiones, are Cassius, Fufidius, Javolenus, 
Julianus, Labeo, Maximus, Q. Mucius, Ofilius, 
Proculus, Sabinus, Servius, Servius Sulpicius, Sex- 
tus, Tubero. 

The arrangement of the Institutes of Justinian 
is the same as that of the work of Gaius ; what- 
ever difference there is between them in this re- 
spect, is solely owing to the changes in the Roman 
law, which had beenmade between the time of Gaius 
and that of Justinian. There has been considerable 
difference of opinion as to the nature of the ar- 
rangement of Gaius ; and it is obvious that most 
persons have misunderstood it. According to Gaius : 
" omne jus quo utimur vel ad personas pertinet, 
vel ad res, vel ad actiones " (i. 8). It is generally 
supposed that the division (the first book) which 
treats of Persons comprehends the status or con- 
dition of persons as the subjects of rights ; others 
affirm that it treats of legal capacity, or of the 
three conditions which correspond to the threefold 
capitis deminutio. But the first book of Gaius 
which treats of Persons contains both matter which 
has nothing to do with legal capacity, and it does 
not contain all that relates to legal capacity, for it 
does not treat of one of three chief divisions which 
relate to legal capacity, that ofCives, Latini, Pere- 
grini. It treats in fact only of Marriage, Patria 
Potestas, Manus, Slavery, Patronatus with respect 
to the different classes of freed men, Mancipium 
and Tutela. Accordingly, this part of the work 
treats only of persons so far as they belong to 
Familia, in the widest and Roman acceptation of 
that term. The part which treats of res com- 
prehends the Law of ownership, &c. and Law of 
Obligationes, which two divisions occupy the se- 
cond and third books. The fourth book treats of 



Actiones, which is the third of the three divisions 
of Gaius. The division of Gaius is faulty in several 
respects ; but this does not detract from the merit 
of the work, which is perspicuous and abounds in 
valuable matter. This view of the nature of the 
division of Gaius is from Savigny. {System, &.c, 
vol. i. p. 393, &c.) [G. L.] 

INSTITUTO'RIA ACTIO. [Intercessio.] 

I'NSULA. [Domus, p. 430, a.] 

I'NTEGRUM RESTITUTIO, IN. [Re- 
stitutio.] 

INTE'NTIO. [Actio.] 

INTERCE'SSIO. It is a case of Intercessio 
when a man takes upon himself the debt of another 
by virtue of some dealing with the creditor. This 
may be in either of the following ways : he who 
intercedes may take upon himself the debt of 
another, and may become debtor in place of that 
other : or the intercedent may become debtor while 
the debtor still continues debtor. (Vangerow, 
Pandekten, &c. vol. iii. p. 133, &c.) 

To the first class belong (1) the case of a man 
undertaking an already existing obligatio, so as to 
exclude the existing debtor ; (2.) And the case of a 
man taking an obligatio on himself, which does 
not already exist in the person of another, but which 
without such intervention would exist. 

To the second class belong (1), the case when 
the creditor may consider either the original debtor 
or the intercedent as his principal debtor, or when, 
in other words, the intercedent is correus debendi 
(Inst. iii. tit. 16. De duobus reis stipulandi et 
promittendi) ; (2) When the creditor can consider 
the intercedent only as liable to pay, when the 
principal debtor does not pay, or when in other 
words, the intercedent is a fidejussor. (Inst. iii. 
tit. 20, de Fidejussoribus.) 

The views of Puchta as to the Intercessio are 
contained in his Institutionen, vol. iii. p. 48, &c.) 

In the Institutes of Gaius, a distinction is made 
between sponsores and fidepromissores, on one side; 
and fidejussores on the other. With respect to one 
another, sponsores were consponsores. (Cic. ad A tt. 
xii. 17.) In the Institutes of Justinian, the dis- 
tinction between sponsores and fidejussores does not 
exist. 

Sponsores and fidepromissores could only become 
parties to an obligatio verborum, though in some 
cases they might be bound, when their principal 
{qui promiserit) was not, as in the case of a pupillus 
who promised without the auctoritas of his tutor, 
or of a man who promised something after his 
death. A fidejussor might become a party to all 
obligations, whether contracted re, verbis, litteris, or 
consensu. In the case of a sponsor the interrogatio 
was, Idem dari spondes ? in the case of a fidepro- 
missor, it was, Idem fidepromittis ? in the case of 
a fidejussor, it was, Idem fide tua esse jubes ? The 
object of having a sponsor, fidepromissor, or fide- 
jussor, was greater security to the stipulator. On 
the other hand, the stipulator had an adstipulator 
only when the promise was to pay something after 
the stipulator's death, for if there was no adstipu- 
lator the stipulatio was inutilis or void. (Gaius, 
iii. 100, 117.) The adstipulator was the proper 
party to sue after the stipulator's death, and he could 
be compelled by a mandati judicium to pay to the 
heres whatever he recovered. 

The heres of a sponsor and fidepromissor was 
not bound, unless the fidepromissor were a pere- 
grinus, whose state had a different law on the 



INTERCESSIO. 



IXTERCESSIO. 



C4J 



matter ; but the heres of a fidejussor was bound. 
Bv the Lex Furia, a sponsor and fidepromissor 
were free from all liability after two years, which 
appears to mean two years after the obligation had 
become a present demand ; but the Lex Furia only 
applied to Italy. All of them who were alive at 
the time when the money became due could be 
sued, but each only for his share (smguli viriles 
paries). Fidejussors were never released from their 
obligation by length of time, and each was liable 
for the whole sum (sinrpi/i in solidum obligantur) ; 
but by a rescript (tpistola) of Hadrian, the creditor 
was required to sue the solvent fidejussores sepa- 
rately, each according to his proportion. If any 
one of them was not solvent, his share became a 
burden to the rest 

A Lex Apuleia, which was passed before the 
Lex Furia, gave one of several sponsores or fide- 
promissores, who had paid more than his share, an 
action against the rest for contribution. Before 
the passing of this Lex Apuleia, any one sponsor or 
fidepromissor might be sued for the whole amount ; 
but this lex was obviously rendered useless by the 
subsequent Lex Furia, at least in Italy, to which 
country alone, as already observed, the Lex Furia 
applied, while the Lex Apuleia extended to places 
out of Italy ; yet not to fidejussores. 

A fidejussor, who had been compelled to pay 
the whole amount, had no redress if his principal 
was insolvent ; though, as already observed, he 
could by the rescript of Hadrian compel the credi- 
tor to limit his demand azainst him to his share. 

A creditor was obliged formally to declare his 
acceptance of the sponsors or fidepromissores who 
were offered to him, and also to declare what was 
the object as to which they were security ; if he 
did not comply with this legal requisition, the 
sponsores and fidepromissores misht, within thirty 
days (it is not said what thirty days, but probably 
thirty days from the time of the sureties being 
offered), demand a praejudicium (praejwlirium pos- 
iulare), and if they proved that the creditor had 
not complied with the requisitions of the law, they 
were released. (Gaius, iii. 123.) 

A Lex Cornelia limited the amount for which 
any person could be a security for the same person 
to the same person within the same year, but with 
some exceptions, one of which was a security 
"dotis nomine." No person could be bound in a 
greater amount than his principal, but he might be 
bound in less ; and every surety could recover on 
a maiidati judicium from his principal whatever he 
had been compelled to pay on his account. By a 
Lex I'ublilia sponsor's had a special action in 
CrOphxtO, which was called an actio depensi. 

There is a passage in the Epitome of Oaius in 
the Brcvinrium (ii. !). § 2), which is not taken 
from Gaius: it is to this effect : — The creditor may 
sin' cither the debtor or his fidejussor; but after he 
hns chosen to sue one of them, he cannot sue the 
other. — Cicero appears to allude to the same doc- 
trine (ml All. xvi. 15) in a passage which is some- 
what obscure, and is variously explained. The 
subject of the sjKinsio often occurs in Cicero's 
letters ; and in one case he was called upon in re- 
spect of a sponsio alleged to have been yiven by 
him twenty-five years before (mi Alt. xii. 17). 
Cicero uses the expression 14 appellare ** to express 
calling on a surety to pay (ml All. i. 8). 

(Gains, iii. 1 15—127 ; Inst iii. tit. 20 ; Dig. 1 1, 
tit. 7 ; 46. tit. I.) 



Women generally were incapacitated from doing 
many acts on account of the weakness of the sex. 
It was a general rule that any person might " in- 
tercedcre," who was competent to contract and to 
dispose of his property ; but minores xxv and wo- 
men had only a limited capacity in respect of their 
contracts and the disposition of their estates. In 
the early part of the reign of Augustus and in that 
of Claudius, it was declared by the Edict that wo- 
men should not " intercedere " for their husbands. 
Subsequently the Senatusconsultum Velleianum 

[SENATUSCONSfLTOI VeLLEIANU-Ii] absolutely 

prohibited all Intercessio by women ; and the 
Novella 13-1. c. fi, had for its special object to make 
null all Intercessio of a wife for her husband. A 
woman who was sued in respect of her Intercessio, 
or her heres, might plead the Senatusconsultum, 
and she might recover anything that she had paid 
in respect of her Intercessio. The Senatusconsultum, 
though it made null the intercessio of a woman, 
protected the creditor so far as to restore to him a 
former right of action against his debtor and fide- 
jussores : this action was called Restitutoria or 
Rescissoria. In the case of a new contract, to 
which the woman was a party, the Intercessio was 
null by the Senatusconsultum, and the creditor had 
the same action against the person for whom the 
woman " interccssit," as he would have had 
against the woman : this action, inasmuch as the 
contract had no reference to a former right, but to 
a right arising out of the contract, was Institutoria. 
In certain cases, a woman was permitted to re- 
nounce the benefit of the Senatusconsultum ; and 
there was a considerable number of exceptions to 
the rule that a woman could plead the senatus- 
consultum. 

(Dig. 16. tit 1. ad S.C. Velleianum ; Paulus, 
.S'. ft, ii. tit. 1 1 ; Vangerow, Pixndektvn, &c. iii. 
p. 149.) [G.L.] 

INTERCE'SSIO was the interference of a ma- 
gistratus to whom an appeal [ Arr-EU.ATlo] was 
made. The object of the Intercessio was to put a 
stop to proceedings, on the ground of informality 
or other sufficient cause. Any magistratus might 
" intercedere," who was of equal rank with or of 
rank sup 'rior to the magistratus from or against 
whom the appellatio was. Cases occur in which 
one of the praetors interposed {inlcrcmsit) against 
the proceedings of his colleague. (Cic. in Vcrr. 
i. 46.) 

The Intercessio is most frequently spoken of with 
reference to the Tribunes who originally had not 
jurisdictio, hut used the Intercessio for the puqmse 
of preventing wrong which was offered to a person 
in their presence (Gcll. xiii. 12). The Intercessio 
of the Tribunes of the Plebs, was Anxfliam (Liv. 
vi. 3li ; Cic. pro Quinlio, 7, 20) ; and it might be 
exercised either in jure or in judicio. The tribune 
qui interccssit could prevent a judicium from being 
instituted. That there could be an Intercessio 
after the Litis Contestatio appears from Cicero 
( pro T Wio, 3fl ). The tribunes could also use 
the Intercessio to prevent execution of a judicial 
sentence. (Liv. vi. 27.) T. Gracchus interfered 
(intercctrit) against the praetor Terentius, who was 
going to order execution, in the case of L Scipio 
who was condemned for ]>eciil:itiou (Liv. xxxviii. 
(ill ; (iell. vii. and he prevented Scipio being 
sent to prison, but he did not interfere to prevent 
execution being had on his property, A single 
tribune c mid end this, and against the opinion of 



642 TNTERDICTUM. 



INTEKDICTUM. 



his colleagues, which was the case in the matter of 
L. Scipio. [Tribuni.I 

The terra Intercessio and the verb intercede, 
also applied to the tribunitian opposition to a roga- 
tio. (Liv. vi. 35 ; Cic. de Oral. ii. 47.) [G. L.] 
INTERCI'SI DIES. [Dies.] 
INTERCOLU'MNIA. [Templum.] 
INTERDI'CTIO AQUAE ET IGNIS. [Ex- 
silium, p. 516, b.] 

INTERDICTUM. " In certain cases (certis 
ese causis) the praetor or proconsul, in the first in- 
stance (principaliter), exercises his authority for 
the termination of disputes. This he chiefly does 
when the dispute is about Possession or Quasi- 
possession ; and the exercise of his authority con- 
sists in ordering something to be done, or forbidding 
something to be done. The formulae and the 
terms, which he uses on such occasions, are called 
either Interdicta or Decreta. They are called De- 
creta when he orders something to be done, as 
when he orders something to be produced (exkiberi) 
or to be restored : they are called Interdicta when 
he forbids something to be done, as when he orders 
that force shall not be used against a person who 
is in possession rightfully (sine vitio), or that no- 
thing shall be done on a piece of sacred ground. 
Accordingly all Interdicta are either Restitutoria, or 
Exhibitoria, or Prohibitoria." (Gaius, iv. 139, 140.) 

This passage contains the essential distinction 
between an Actio and an Interdictum, so far as 
the praetor or proconsul is concerned. In the case 
of an Actio, the praetor pronounces no decree, but 
he gives a Judex, whose business it is to investi- 
gate the matter in dispute, and to pronounce a 
sentence consistently with the formula, which is 
his authority for acting. In the case of an Actio, 
therefore, the praetor neither orders nor forbids a 
thing to be done, but he says Judicium dabo. In 
the case of an Interdict, the praetor makes an 
order that something shall be done or shall not be 
done, and his words are accordingly words of com- 
mand : Restituas, Exhibeas, Vim fieri veto. This 
immediate interposition of the praetor is appropri- 
ately expressed by the word " principaliter," the 
full effect of which is more easily seen by its juxta- 
position with the other words of the passage, 
than by any attempt to find an equivalent English 
expression. 

Savigny observes that it may be objected to this 
exposition, that in one of the most important In- 
terdicts, that De Vi, the formula is, Judicium dabo. 
(Dig. 43. tit. 16. s. 1.) But, as he observes, the 
old genuine formula was, Restituas (Cic. pro 
Caecin. 8, 30) ; and the " Judicium dabo " must 
have been introduced when the formulae of the 
two old Interdicts (De Vi Armata and De Vi 
Quotidiana) were blended together, and at a time 
when the distinctions between the old formulae 
had become a matter of indifference. 

The mode of proceeding as to the Interdict was 
as follows : — The party aggrieved stated his case 
to the praetor, which was the foundation of his de- 
mand of an Interdict, and was therefore analogous 
to the Postulatio actionis. If the praetor saw 
sufficient reason, he might grant the Interdict, 
which was often nothing more than the words of 
the Edict addressed to the litigant parties ; and in 
doing so, he used his " auctoritas finiendis contro- 
versiis " in the first instance, or immediately, and 
without the intervention of a judex (principaliter), 
and also " certis ex causis," that is, in cases already 



provided for by the Edict. If the defendant either 
admitted the plaintiff's case before the interdict 
was granted, and complied with its terms, or sub- 
mitted to the interdict after it was granted, the 
dispute was of course at an end. This is not 
stated by Gaius, but follows of necessity from the 
nature of the case ; and when he goes on to say 
" that when the praetor has ordered any thing to 
be done or forbidden anything to be done, the 
matter is not then ended, but the parties go before 
a judex or recuperatores," he means that this fur- 
ther proceeding takes place, if the praetor's Inter- 
dict does not settle the matter. The whole form 
of proceeding is not clearly stated by some modern 
writers, but the following is consistent with Gaius. 

The complainant either obtained the Interdict 
or he did not, which woidd depend on the case 
that he made out before the praetor. If he failed, 
of course the litigation was at end ; and if he ob- 
tained the interdict, and the defendant complied 
with its terms, the matter in this case also was at 
an end. If the defendant simply did not obey the 
terms of the Interdict, it would be necessary for 
the complainant again to apply to the praetor, in 
order that this fact might be ascertained, and that 
the plaintiff might give full satisfaction. If the 
defendant was dissatisfied with the Interdict, he 
might also apply to the praetor for an investigation 
into the facts of the case : his allegation might be 
that there was originally no ground for the Interdict. 
He might also apply to the praetor on the ground 
that he had satisfied the terms of the Interdict, 
though the plaintiff was not satisfied, or on the 
ground that he was unable to do more than he had 
done. In all these cases, when the praetor's order 
did not terminate the dispute, he directed an in- 
quiry by certain formulae, which were the instruc- 
tion of the judex, recuperatores, or arbiter. Ac- 
cordingly, the process of the Interdict belonged 
to the ordo judiciorum privatorum, but the judi- 
cium was constituted by the peculiar process of 
the Interdict. The inquiry would be, Whether 
anything had been done contrary to the Praetor's 
Edict* ; or, Whether that had been done, which 
he had ordered to be done : the former inquiry 
would be made in the case of a Prohibitory Inter- 
dict ; and the latter in the case of an Exhibitory 
or Restitutory Interdict. 

In the case of Interdicta Prohibitoria there was 
always a sponsio ; that is, the parties were re- 
quired to deposit or give security for a sum of 
money, the loss of which was in the nature of a 
penalty (poena) to the party who failed before the 
judex : this sponsio was probably required by the 
praetor. In the case of Interdicta Restitutoria 
and Prohibitoria, the proceeding was sometimes 
per sponsionem, and therefore before a judex or re- 
cuperatores, and sometimes, without any sponsio, 
per formulam arbitrariam, that is, before an arbiter. 
In the case of these two latter Interdicts, it seems 
to have depended on the party who claimed the 
inquiry whether there should be a sponsio or not : 
if such party made a sponsio, that is, proffered to 
pay a sum of money, if he did not make out his 

* " Edict " is the word used by Gaius, but he 
means Interdict. He uses Edict, because the In- 
terdict would only be granted in such cases as 
were provided for by the Edict (certis ex causis), 
and thus an Interdict was only an application of 
the Edict to a particular case. 



INTERDICT DM. 



INTERDICTUM. 



case, the opposite party was required to make one 
also. In the case of Caecina (Cic. pro Caecin. 8) 
a sponsio had been made : Cicero says, addressing 
the recuperatores, " sponsio facta est : hac de spon- 
sione vobis jndicandum est." In fact, when the 
matter came before a judex or arbiter, the form of 
proceeding was similar to the ordinary judicium. 

The chief division of Interdicts has been stated. 
The various purposes to which they were appli- 
cable appear from the title3 ; as, Interdictum de 
Aqua, de Arboribus caedendis, de Liberis exhi- 
bendis, de Rivis, de Superficiebus, &c. 

Another division of Interdicts was into those for 
the purpose of acquiring Possession, retaining pos- 
session, or recovering possession. (Gaius, iv. 144.) 

The Interdictum adipisceudae possessionis was 
given to him to whom the Bonorum posscssio 
[Bonorum Possessio] wasgiven,andit is referred 
to by the initial words Quorum bonorum. (Dig. 
43. rit. 2. s. 1.) Its operation was to compel a 
person, who had possession of the property of 
which the Bonorum possessio was granted to an- 
other, to give it up to such person, whether the 
person in possession of such property possessed it 
pro heredc or pro possessore. The Bonorum Emtor 
[Bonorum Emtio] was also entitled to this In- 
terdict, which was sometimes called Possessorium. 
It was also granted to him who bought goods at 
public auction, and in such case was called Secto- 
rium, the name " Sectorcs " being applied to per- 
sons who bought property in such manner. (Cic 
pro /(ok. Am. 36.) 

The Interdictum Salvianum was granted to the 
owner of land, and enabled him to take possession 
of the goods of the colonus, who had agreed that 
his goods should be a security for his rent. (Dig. 
43. tit. 3.) 

This Interdict was not strictly a Possessorial 
Interdict, as Savigny has shown (Das Itecht ties 
Denizes, p. 410 ; Puchta, Institutional, &c ii. 
§ 225.) It did not, like the two other Interdicts, 
presuppose a lawful possession, that is, a Jus pos- 
sessionis acquired by the fact of a rightful posses- 
lion ; the complainant neither alleged an actual 
possession nor a former possession. 

The Interdictum retinendae possessionis could 
only be granted to a person who had a rightful 
possessio, and he was intitled to it in respect of 
damages sustained by being disturbed in his pos- 
session, in respect of anticipated disturbance in his 
possession, and in the case of a dispute as to owner- 
ship in which the matter of possession was first to 
be inquired into. Its effect in the last case would 
be, as Gaius states, to determine which of two 
litigant parties should possess, and be the defend- 
ant, and which should lie the claimant, and have 
the burden of proof. There were two Interdicts 
of this class named respectively Uti Possidetis and 
Utrubi, from the initial words of the Edict. The 
Interdictum Uti Possidetis applied to land or 
houses, and the other to moveables. The Uti 
Possidetis protected the person who at the time of 
obtaining the Interdict was in actual possession, 
provided be had not obtained the possession against 
the other party (adcrrsarius) vi, clam, or precario, 
which were the three vitia possessionis. (Festus, 
». r. /'ossesiio ; Gaius, iv. 1 60.) In the case of the 
Interdictum Utrubi, the possession of the movable 
thing was by the Interdict declared to belong to 
him who had possessed the thine; against the other 
party during the greater part of that year, " ncc vi 



nec clam nec precario." There were some peculi- 
arities as to possessio of moveable things. (Gaius, 
iv. 151.) 

The Interdictum recuperandae possessionis might 
be claimed by him who had been forcibly ejected 
(vi dejecius) from his possession of an immovable 
thing, and its effect was to compel the wrong- 
doer to restore the possession, and to make good all 
damage. The initial words of the Interdict were, 
Unde tu ilium vi dejecisti ; and the words of com- 
mand were, Eo restituas. (Cic pro Caecin. 30, 
pro Tall. 4, 29, 44 ; Gaius, iv. 154 ; Dig. 43. 
tit. 16. s. 1.) There were two cases of Vis: one of 
Vis simply, to which the ordinary Interdict applied, 
which Cicero calls Quotidianum ; the other of Vis 
Annata, which had been obtained by Caecina 
against Aebutius. The plaintiff had to prove that 
he was in possession of the premises, and had been 
ejected by the defendant or his agents (familia or 
procurator, Cic. pro Tull. 29.) If the matter came 
before a judex the defendant might allege that he 
had complied with the Interdict, " re3tituisse," 
though he had not done so in fact ; but this was 
the form of the sponsio, and the defendant would 
succeed before the judex if he could show that he 
was not bound to restore the plaintiff to his pos- 
session. (Pro Caecin. 8, 32.) 

The defendant might put in an answer (exceptio) 
to the plaintiff's claim for restitution : he might 
show that the plaintiff's possession commenced 
either vi, clam, or precario with respect to the 
defendant (pro Caecin. 32, pro Tull. 44) ; but 
this exceptio was not allowed in the case of vis 
armata. (Pro Caecin. 8, 32.) The defendant 
might also plead that a year had elapsed since the 
violence complained of, and this was generally a 
good plea ; for the Interdict contained the words 
in hoc anno." But if the defendant was still in 
possession after the year, he could not make this 
plea ; nor could he avail himself of it in a case of 
Vis Annata. (Cic. ad pam.xv. 16.) 

A clandestina possessio is a possessio in which 
the possessor takes a thing (which must of course- 
be a movable thing) secretly (furtive) and without 
the knowledge of the person whose adverse claim 
to the possession he fears. Such a possessio, when 
it was a disturbance of a rightful possessio, gave 
the rightful possessor a title to have the Interdict 
de clandestina posscssione for the recovery of his 
possession. All traces of this interdict are nearly 
lost ; but its existence seems probable, and it must 
have had some resemblance to the Interdictum dc 
vL The exceptio clandestinac possessionis whs 
quite a different thing, inasmuch as a clandestina 
possessio did not necessarily suppose the lawful 
possession of another party. 

The Interdictum de Precaria posscssione or de 
PTOcario applied to a case of Precarium. It is Pre- 
carium when a man permits another to exercise 
ownership over his property, but retains the right 
of demanding the property back when he pleases. 
It is called Prccariuin because the person who 
received such permission usually obtained it by 
request (prrce) ; though request was not neces- 
sary to constitute Precarium, for it might arise 
by tacit permission. (Paul in, .V. Ii. v. tit. C. s. 
1 1 .) The person who received the detention of 
the thiiiL', obtained at the same time a legal posses- 
sion, unless provision to the contrary was made by 
agreement. In either case the permission could at 
any time be recalled, and the possessio, which in 
t t 2 



644 



INTERDICT UM. 



INTERREX. 



its origin was justa, became injusta, vitiosa, as 
soon as restitution was refused. Restitution could 
be claimed by the Interdictum de Precario, pre- 
cisely as in the case of Vis ; and the sole founda- 
tion of the right to this Interdict was a vitiosa 
possessio, as just explained. The Precarium was 
never viewed as a matter of contract. The Inter- 
dictum de precario originally applied to land only, 
but it was subsequently extended to movable 
things. The obligation imposed by the Edict was 
to restore the thing, but not its value, in case it 
was lost, unless dolus or lata culpa could be proved 
against the defendant. But from the time that 
the demand is made against the defendant, he is 
in mora, and, as in the case of the other Interdicts, 
he is answerable for ail culpa, and for the fruits or 
profits of the thing ; and generally, he is bound to 
place the plaintiff in the condition in which he 
would have been, if there had been no refusal. 
No exceptions were allowed in the case of a Pre- 
carium. 

The origin of the Precarium is referred by 
Savigny to the relation which subsisted between a 
patronus and his cliens, to whom the patronus gave 
the use of a portion of the ager publicus. If the 
cliens refused to restore the land upon demand, the 
patronus was entitled to the Interdictum de pre- 
cario. As the relation between the patronus and 
the'cliens was analogous to that between a parent 
and his child, it followed that there was no contract 
between them, and the patron's right to demand the 
land back was a necessary consequence of the relation 
between him and his cliens. (Festus, s. v. Patres.) 
The precarium did not fall into disuse when the 
old ager publicus ceased to exist, and in this respect 
it followed the doctrine of possessio generally. 
[Agkariae Leges.] It was in fact extended 
and applied to other things, and, among them, to 
the case of pledge. [Pignus.] 

Gaius (iv. 156) makes a third division of In- 
terdicta into Simplicia and Duplicia. Simplicia 
are those in which one person is the plaintiff 
(actor), and the other is the defendant (reus) : all 
Restitutoria and Exhibitoria Interdicta are of this 
kind. Prohibitoria Interdicta are either Simplicia 
or Duplicia ; they are Simplicia in such cases as 
those, when the praetor forbids any thing to be 
done in a locus sacer, in a flumen publicum, or on 
a ripa. They are Duplicia as in the case of the 
Interdictum uti Possidetis and Utrubi ; and they 
are so called, says Gaius, because each of the liti- 
gant parties may be indifferently considered as 
actor or reus, as appears from the terms of the 
Interdict. (Gaius, iv. 160.) 

Interdicta seem to have been also called Duplicia 
in respect of their being applicable both to the ac- 
quisition of a possession which had not been had 
before, and also to the recovery of a possession. 
An Interdict of this class was granted in the case 
of a vindicatio, or action as to a piece of land 
against a possessor who did not defend his pos- 
session, as, for instance, when he did not submit 
to a judicium and give the proper sponsiones or 
satisdationes. A similar interdict was granted in 
the case of a vindicatio of an hereditas and a 
ususfructus. Proper security was always required 
from the person in possession, in the case of an in 
rem actio, in order to secure the plaintiff against 
any loss or injury that the property might sustain 
while it was in the possession of the defendant. 
If the defendant refused to give such security he 



lost the possessio, which was transferred to the 
plaintiff (petitor). (Rudorff, Ueber das Interdict 
Qitem Fandum, &c, Zeitschrift, vol. ix.) 

" By all these Interdicts Possession is protected, 
and possession in itself, in its immediate form as 
power, in fact, over a thing. Possession thu3 ob- 
tains a legal existence, which is simply connected 
with that fact. This pure reception of possession 
among Rights is not perplexed by the consideration 
of the rightful or wrongful origin of the possession, 
which origin has no effect with respect to the pro- 
tection given to possession. The Injusta Possessio, 
that is, the possession which has been acquired vi, 
or clam or precario, is certainly not protected 
against the person from whom it has been acquired 
by the possessor by any one of these three vitia 
possessionis ; but apart from this ease, the Injusta 
Possessio gives the same claim to protection as the 
Justa. (Dig. 43. tit. 17. s. 2.) The Interdicts 
arise out of Possessio, and indifferently whether it 
is Justa or Injusta ; only, if two possessors claim 
against one another, a former and a present pos- 
sessor, of whom the one has obtained possession 
from the other vitiose, the former is not protected 
against the latter. (Dig. 43. tit. 17. s. 1. § 9.)" 
Puchta, Institutioncn, &c, ii. § 225. 

(For other matters relating to the Interdict see 
Gaius, iv. 138—170 ; Paulus, S. R. v. tit. 6 ; Dig. 
43 ; Savigny, Das Recht des Besitzes, pp. 403 — 
516; Savigny and Haubold, Zeitschrift, vol. iii. pp. 
305, 358, 421 ; Keller, Ueber die Deductio quae 
moribus fit and Das Interdictum Uti possidetis, 
Zeitschrift, vol. xi. ; Rudorff, Bemerhungen uber 
dasselbe Interdict, Zeitschrift, vol. xi. ; Puchta, In- 
stitutioncn, &c, ii. §§ 169, 225.) [G. L.] 

INTERPRES, an interpreter. This class of 
persons became very numerous and necessary to 
the Romans as their empire extended. Embassies 
from foreign nations to Rome, and from Rome to 
other states, were generally accompanied by inter- 
preters to explain the objects of the embassy to 
the respective authorities. (Cic. de Divinat. ii. 
64, de Finib. v. 29 ; Plin. N. xxv. 2 ; Gell. 
xvii. 17. 2 ; Liv. xxvii. 43.) In large mercantile 
towns the interpreters, who formed a kind of 
agents through whom business was done, were 
sometimes very numerous, and Pliny (H. N. vi. 
5) states that at Dioscurias in Colchis, there were 
at one time no less than 1 30 persons who acted as 
interpreters to the Roman merchants, and through 
whom all the business was carried on. 

All Roman praetors, proconsuls, and quaestors, 
who were entrusted with the administration of a 
province, had to carry on all their official proceed- 
ings in the Latin language (Val. Max. ii. 2. § 2), 
and as they could not be expected to be acquainted 
with the language of the provincials, they had 
always among their servants [Apparitores] one 
or more interpreters, who were generally Romans, 
but in most cases ^undoubtedly freedmen. (Cic. pro 
Balb. 1L) These interpreters had not only to 
officiate at the conventus [Conventus], but also 
explained to the Roman governor everything which 
the provincials might wish to be laid before him. 
(Cic. c. Verr. iii. 37, ad Fam. xiii. 44 ; Caes. Bell. 
Gatt.\. 19 ; compare Dirksen, Civil. Abhandl. i. p. 
16, &e.) [L.S.] 

INTERREX, INTERREGNUM (called by 
the Greek writers peaoSaaiAevs, fieaogao-itetos 
apxv, /J.e<rogaaiAeia). The office of Interrex is said 
to have been instituted on the death of Romulus, 



INTERREX. 



ISTHMIA. 



645 



when the senate wished to share the sovereign 
power among themselves instead of electing a king. 
For this purpose, according to Livy (i. 17), the 
senate, which then consisted of one hundred mem- 
bers, was divided into ten decuries ; and from each 
of these decuries one senator was nominated. These 
together formed a board of ten, with the title of 
IrUerreyes, each of whom enjoyed in succession the 
regal power and its badges for five days ; and if no 
king was appointed at the expiration of fifty days, 
the rotation began anew. The period daring 
which they exercised their power was called an 
Interregnum. Dionysius (ii. 57) and Piutarch 
(Numa, 2) give a different account of the matter ; 
but that of Livy appears the most probable. 
Niebuhr (Hist, of Home, vol. i. p. 334, vol. ii. p. 
Ill) supposes that the first interreges were ex- 
clusively Ramncs, and that they were the Decern 
Prinri, or ten leading senators, of whom the first 
wa9 chief of the whole senate. (Compare Walter, 
Gesch. des Horn. Reehts, § 21, 2nd cd.) 

The interreges agreed among themselves who 
should be proposed as king (Dionys. iv. 40, 80), 
and if the senate approved of their choice, they 
summoned the assembly of the curiae, and pro- 
posed the person whom they had previously agreed 
upon ; the power of the curiae was confined to ac- 
cepting or rejecting him. The decree of the curiae, 
by which they accepted the king, was called jussus 
popuk 'Liv. i. 22 ; Cic. de Rep, ii. 1 3, 21.) After 
the king had been elected, the curiae conferred 
the impcrium upon him bv a special law, lexeuriata 
de imperio. (Cic. de Rep. ii. 13, 17, 18, 20, 21.) 

Interreges were appointed under the republic for 
holding the comitia for the election of the consuls, 
when the consuls, through civil commotions or 
other causes, had been unable to do so in their 
year of office. (Dionys. viii. 90 ; Liv. iv. 43, &c.) 
Each held the office for only five days, as under 
the kings. The comitia were, as a general rule, 
not held by the first interrex ; more usually by the 
second or third (Liv. ix. 7, x. 11, v. 31) ; but in 
one instance we read of an eleventh, and in another 
of a fourteenth interrex. (Liv. viL 22, viii. 23.) 
The comitia for electing the first consuls were held 
by Sp. Lucretius as interrex (Dionys. iv. 84), 
whom Livy (i. 60) calls also praefectus urbis. The 
interreges under the republic, at least from 
B. C. 482, were elected by the senate from the 
whole body, and were not confined to the decern 
primi or ten chief senators as under the kings. 
(Dionys. viii. 90.) Plebeians, however, were not 
admissible to this office ; and consequently when 
plebeians were admitted into the senate, the patri- 
cinn senators met together [eoirre) without the 
plebeian members to elect an interrex. (Liv. iii. 
40, iv. 7, 13, vi. 41 ; Cic. /»ro porno, 1 I ; Niebuhr, 
vol. ii. p. 429 ; Walter, §§55, 131.) For this 
reason, as well as on account of the influence which 
the interrex exerted in the election of the magis- 
trate*, we find that the tribunes of the plebs were 
strongly opposed to the appointment of an interrex. 
(Liv. iv. 48, xxii. 34.) The interrex had juris- 
dictio. (Liv. x. 41 ; Niebuhr, vol. iii. p. 24.) 

Intern gel continued to be appointed occasionally 
till the lime of the second Punic war ( Liv. xxii. 33, 
! t ) ; but after that time we read of no interrex, 
till the senate, by command of Sulla, created an 
blfMM to hold the comitia for his election as Dic- 
1 Kor, H. . . 82. ( Appian, 7. fir. i. !(8.) in B. C. 
l>'t another interrex was appointed to hold the 



comitia, in which Pompey and Crassus were 
elected consuls (Dion Cass, xrxix. 27, 31) ; and 
we also read of interreges in B. c. 53 and 52, in the 
latter of which years an interrex held the comitia, 
in which Pompey was appointed sole consul. 
(Dion Cass. xL 45 ; Ascon. ad Cic. Mil. init. p. 32, 
Orclli ; Plut. Pomp. 54 ; comp. Becker, Handbnch 
der R'dmixhcn Alterlhumer, vol. ii. part L p. 295, 
&c.) 

INTE'RULA. [Tunica.] 

INTBSTA'BILIS. Tn the Twelve Tables it 
was declared " qui se sierit testarier libripcnsvc 
fuerit, ni testimonium fariatur, improbus intesta- 
bilisque esto." (Dirksen, Uebersic/tt, &c. p. 607 ; 
compare Gellius, vi. 7, xv. 13.) According to 
these passages, a person who had been a witness 
on any solemn occasion, such as the making of a 
will, and afterwards refused to give his testimony, 
was * intestabilis," that is, disqualified from ever 
being a witness on any other occasion. The word 
afterwards seems to have had its meaning extended, 
and to have been used to express one who could 
not make a will, and who laboured under a general 
civil incapacity-. (Hor. Sat. ii. 3. 181 ; Dig. 28. 
tit. !. s. 18. 26; Inst ii. tit. 10.] [G. L.] 

INTESTA'TO, HEREDITATES A 13. 
[Heres, p. 598, a.] 

INTESTATUS. [Heres, p. 598, a.] 

INTESTI'NUM OPUS, joiner's work, is re- 
ferred to in some passages of Vitruvius as used in 
the interior of buildings ; but there is nothing in 
his allusions to it that requires explanation (Vitruv. 
ii. 9, v. 2, v. 3). [P. S.] 

INTU'SIUM. [Tonica.] 

TNVENTA'RIUM. [Heres, p. 601, b.] 

INVEST1S. [Impubes.] 

I REN (1pi)v). [Eiren.] 

IRPEX, HIRPEX, or URPEX (C*to,deRe 
Rust. 10), a harrow, used to clear the fields of 
weeds and to level and break down the soil. 
(Fcstus, s. v. ; Servius, in Virg. Geonj. i. 95.) The 
harrow of the ancients, like ours, had iron teeth, 
and' was drawn bv oxen. (Var. de Ling, hat, v. 
31, cd. Spcngel.) [J. Y.l 

ISELA'STICI LUDI [Athi.et.vk.] 

ISO'DOMl'M OPUS. [Mt'ius.] 

ISOPOLITEIA (iVoTi-oAi'Tfia). [Civitas, p. 
289, b.] 

ISOTEEEIS (<WeA«?s). [Civitas, p. 289, b.] 
ISTHMIA ("\<T0nia), one of the four great 
national festivals of the Greeks. This festival de- 
rived its name from the Corinthian isthmus, where 
it was held in honour of Poseidon. Where the 
isthmus is narrowest, between the coast of the 
Saronic gulf and the western foot of the Oenean 
hills, was the temple of Poseidon, and near it was a 
theatre and a stadium of white marble, the scene of 
the Isthmian games. (Paus. ii. 1. §7; Strab.viii. 6. 
p. 380.) The entrance to the temple was ndomcd 
with an avenue of statues of the victors in the 
Isthmian games, and with groves of pine-trees. 
These games were said originally to have been 
instituted by Sisyphus in honour of Melicertes, 
who was also called Palaemon. (Apollod. iii. 4. 
§ 3 ; Pans. ii. 1. § 3.) Their original mode of 
celebration partook, as Plutarch ( /'/«.<. 25 ) remarks, 
more of the character of mysteries, than of a great 
and national assembly with its various amusements, 
and was performed at night. Subsequent to the 
age of Theseus the Isthmia were celebrated in 
honour t)f Pott don ; and this innovation is ascribed 

T T 3 



646 ISTHMIA. 

to Theseus himself, who, according to some legends, 
•was a son of Poseidon, and who, in the institution 
of the new Isthmian solemnities, is said to have 
imitated Heracles, the founder of the Olympian 
games. The celebration of the Isthraia was hence- 
forth conducted by the Corinthians, but Theseus 
had reserved for his Athenians some honourable 
distinctions ; those Athenians who attended the 
Jsthmia sailed across the Saronic gulf in a sacred 
vessel (Sewpi's), and an honorary place (-rrpoeSpia), 
as large as the sail of their vessel, was assigned to 
them during the celebration of the games. (Pint. 
il. c.) In times of war between the two states a 
sacred truce was concluded, and the Athenians 
were invited to attend at the solemnities. (Thucyd. 
viii. 10.) The Eleans did not take part in the 
games, and various stories were related to account 
for this singular circumstance. (Paus. v. 2. § 2.) 
It is a very probable conjecture of Wachsmuth 
(Hellen. Alterth. vol. i. p. 155), that the Isthmia, 
after the changes ascribed to Theseus, were merely 
a panegyris of the Ionians of Peloponnesus and 
■those of Attica ; for it should be observed, that 
Poseidon was an Ionian deity, whose worship 
appears originally to have been unknown to the 
Dorians. During the reign of the Cypselids at 
Corinth, the celebration of the Isthmian games was 
suspended for seventy years. (Solin. c. 12.) But 
after that time they gradually rose to the rank of a 
national festival of all the Greeks. In Olymp. 49 
they became periodical, and were henceforth cele- 
'brated regularly every third year, twice in every 
Olympiad, that is, in the first and third year of 
every Olympiad. The Isthmia held in the first 
year of an Olympiad fell in the Corinthian month 
Panemus (the Attic Hecatombaeon) ; and those 
which were held in the third year of an Olympiad, 
fell either in the month of Munychion or Tharge- 
lion. (Corsini, Dissert. Agon. 4 ; compare Goeller 
ad Thucyd. viii. 9.) Pliny (H. N. iv. 5) and So- 
linus (c. 9) erroneously state that the Isthmia were 
celebrated every fifth year. With this regularity 
■the solemnities continued to be held by the Greeks 
down to a very late period. In 228 B. c. the 
Romans were allowed the privilege of taking part 
in the Isthmia (Polyb. ii. 13) ; and it was at this 
solemnity that, in B.C. 196 Flamininus proclaimed 
before an innumerable assembly the independence 
of, Greece (Polyb. xvii. 29). After the fall of 
: Corinth, in B. c. 146, the Sicyonians were honoured 
with the privilege of conducting the Tsthmian 
games ; but when the town of Corinth was rebuilt 
by Julius Caesar (Paus. ii. 1. §2, ii. 2. § 2), the 
right of conducting the solemnities was restored to 
the Corinthians, and it seems that they henceforth 
continued to be celebrated till Christianity became 
the state-religion of the Roman empire. (Sueton. 
Nero, 24 ; Julian Imperat. Epist. 35.) 

The season of the Isthmian solemnities was, like 
that of all the great national festivals, distinguished 
by general rejoicings and feasting. The contests 
and games of the Isthmia were the same as those 
at Olympia, and embraced all the varieties of 
athletic performances, such as wrestling, the pan- 
cratium, together with horse and chariot racing. 
(Paus. v. 2. §4 ; Polyb. I.e.) Musical and poeti- 
cal contests were likewise carried on, and in the 
latter women also were allowed to take part, as 
Ave must infer from Plutarch (Sympos. v. 2), who, 
on the authority of Polcmo, states that in the trea- 
sury at Sicyon there was a golden book which had 



JUDEX, JUDICIUM. 

been presented to it by Aristomache, the poetess, 
after she had gained the victory at the Isthmia. 
At a late period of the Roman empire the charac- 
ter of the games at the Isthmia appears greatly 
altered ; for in the letter of the emperor Julian, 
above referred to, it is stated that the Corinthians 
purchased bears and panthers for the purpose of 
exhibiting their fights at the Isthmia, and it is not 
improbable that the custom of introducing fights of 
animals on this occasion commenced soon after the 
time of Caesar. 

The prize of a victor in the Isthmian games con- 
sisted at first of a garland of pine-leaves, and after- 
wards of a wreath of ivy ; but in the end the ivy 
was again superseded by a pine-garland. (Pint. 
Sympos. v. 3.) Simple as such a reward was, a 
victor in these games gained the greatest distinc- 
tion and honour among his countrymen ; and a 
victory not only rendered the individual who ob- 
tained it, a subject of admiration, but shed lustre 
over his family and the whole town or community 
to which he belonged. Hence Solon established 
by a law that every Athenian who gained the 
victory at the Isthmian games, should receive from 
the public treasury a reward of one hundred 
drachmae. (Plut. Sol. 23.) His victory was gene- 
rally celebrated in lofty odes, called Epinikia, or tri- 
umphal odes, of which we still possess some beau- 
tiful specimens among the poems of Pindar. (See 
Massieu in the Mem. dc VAcad. des Inscript. et 
Bell. Lett. v. p. 214, &c. ; Dissen, De Ratione 
Poetica 'Carminum Pindaricorum, prefixed to the 
first volume of his edition of Pindar ; MUller, 
Hist, of Greek Lit p. 220, &c. ; Krause, Die 
Pythien,Nemecn,und Isthmien, \i. 165,&c.) [L.S.] 

ITA'LIA. [Colonia ; Brovincia.] 

ITER. [Viae.] 

ITINERIS SERVITUS. [Servitutes.] 

JUDEX, JUDI'CIUM. A Roman magis- 
trate generally did not investigate the facts in 
dispute in such matters as were brought before 
him : he appointed a Judex for that purpose, and 
gave him instructions. [Actio ; Interdictum.] 
Accordingly, the whole of Civil procedure was ex- 
pressed by the two phrases Jus and Judicium, of 
which the former comprehended all that took place 
before the magistrates (in jure), and the latter all 
that took place before the judex (in judicio). The 
meaning of the term Judices in a passage of Livy 
(iii. 55) is uncertain. In the Theodosian Code the 
term Judex designates the governor of a province. 
From the earlier periods to the time of Constan- 
tine it designated a person, whose functions may 
be generally understood from what follows. 

In many cases a single Judex was appointed : 
in others, several were appointed, and they seem 
to have been sometimes called Recuperatores as 
opposed to the single Judex. (Gaius, iv. 104 — ■ 
109.) Under certain circumstances the Judex was 
called Arbiter : thus Judex and Arbiter are named 
together in the Twelve Tables. (Dirksen, Veber- 
sicht, &c. p. 725.) 

A Judex when appointed was bound to dis- 
charge the functions of the office, unless he had 
some valid excuse (excusatio). A person might 
also be disqualified from being a Judex. There 
were certain seasons of the year when legal busi- 
ness was done at Rome (cum res agebaniur, Gaius, 
ii. 279), and at these times the services of the 
judices were required. These legal terms were 
regulated according to the seasons, so that there 



JUDEX, JUDICIUM. 

were periods of vacation (Cic. ad Alt. L 1 ; aim 
Romae a judidis forum refrixerit) : in the pro- 
vinces, the terms depended on the Conventus. A 
Judex was liable to a fine if he was not in attend- 
ance when he was required. In any given case, 
the litigant parties agreed upon a judex or accepted 
him whom the magistratus proposed. A party 
had the power of rejecting a proposed judex, 
though there must have been some limit to this 
power. (Cic. pro Cluent. 43.) In cases where one 
of the litigant parties was a peregrinus, a pcre- 
grinus might be judex. (Gaius, iv. 105.) The 
judex was sworn to discharge his duty faithfully. 
(Cic. de Invent, i. 39.) 

When Italy had received its organization from 
the Romans, the magistratus of the several cities 
had jurisdictio, and appointed a Judex as the 
praetor did at Rome (Z*r Jiubria de Gallia 
Cisajpina). In the provinces, the governors ap- 
pointed a Judex or Recuperatores, as the case 
might be, at the Conventus which they held for 
the administration of justice ; and the Judex or 
Recuperatores were selected both from Roman 
citizens and natives. 

When the Judex was appointed, the proceed- 
ings injure or before the praetor were terminated, 
which was sometimes expressed by the term Litis 
Contettaiio, the phrases Lis Contestata and Judicium 
acrejitum or ordinatum, being equivalent in the 
classical jurists. [Litis Contestatio.] The 
parties appeared before the Judex on the third day 
{rom/irniitliiiatio), unless the praetor had deferred 
the judicium for gome sufficient reason. The Judex 
was generally aided by advisers (jurisconsulti) 
learned in the law, who were said " in consilio 
adesse" (Cic. pro P. Quintio, 2. 6, Top. 17) ; but 
the Judex alone was empowered to give judgment. 
The matter was first briefly stated to the Judex 
{causae conjectio, collectio), and the oratorcs or 
patnmi of each party supported his cause m a 
speech. The evidence seems to have been given 
at the same time that the speeches were made, 
and not to have been heard before the patroni 
made their address. (Cic. pro Rose. Com. 14, pro 
I'. Quinlio, 1 8.) But it is probable that the prac- 
tice in this respect might van - in diiTcrent cases. 
Witnesses were produced on both sides and ex- 
amined orally ; the witnesses on one side were also 
cross-examined by the other. (Cic. pro Caccina, 
10. pro FtuMn, 10.) Written documents, such 
as instruments and books of account, were also 
given in evidence ; and sometimes the deposition 
of an absent witness was read, when it was con- 
firmed by an oath. (Cic. pro Hose. Com. 15, Cic. 
</'/ All. ii. 12, xiv. 15.) There were no direct means 
of compelling a person to give evidence before the 
legislation of Justinian, unless they were slaves, 
who in some cases mi^ht be put to the torture. 
As to the application of the oath in judicio, see 

.1 rsJI'lt.lMJl'M. 

After all the evidence was given and the patroni 
had finished, the judex gave sentence : if there 
were several judices, a majority decided. If the 
matter was one of difficulty, the hearing might be 
adjourned as often as was necessary (ampliatio) ; 
ami if the index could not lome to a satisfactory 
mm Imion, he might declare this upon oath and ao 
release himself from the difficulty. This was done 
by the form of words " non liqiiere" ( N.Ij.). (fiell. 
JOT. '-'.) The sentence was pronounced orally, and 
w;u sometimes first written on a tablet. If the 



JUDEX, JUDICIUM. G47 
defendant did not make his appearance after being 
duly summoned, judgment might be given against 
him (judicium desertum, eremodiciuni), according to 
the proof which the plaintiff had made. If the 
plaintitf did not appear, the defendant could de- 
mand an acquittal. (Dig. 40. tit. 12. s. 27. § 1, 
49. tit l.s. 28. pr.) 

The sentence was either of Absolutio orCondem- 
natio. That part of the formula which was called 
the Condemnatio [Actio, p. 12, b], empowered 
the Judex to condemn or acquit (condemnare, 
absolvere, Gaius, iv. 43). The defendant might 
satisfy the plaintiff after the judicium had been 
constituted by the litis contestatio (post acceptum 
judicium, Gaius, iii. 180, iv. 114), and before 
judgment was given ; but in this case it was a 
disputed question between the two schools whether 
the judex should acquit, or whether he should 
condemn on the ground that at the time when the 
judicium was constituted, the defendant was liable 
to be condemned and it was the business of the 
judex merely to follow his instructions. The dis- 
pute accordingly involved one of those principles 
on which the schools were theoretically divided, 
— the following out of a legal principle to all its 
logical consequences ; but, like many other ques- 
tions between the schools, this question was prac- 
tically of no importance, as the plaintitf would not 
be allowed to have satisfaction twice. 

While the Lcgis actiones were in force, the judg- 
ment was for the restitution of a thing, if a given- 
thing (corpus) was the object of the action ; but 
under the process of the formula, the Judex gave 
judgment, pursuant to the formula, in a sum of 
money, even when a piece of property was the ob- 
ject of dispute. The sum of money was either 
fixed or not fixed in the formula. If the claim, 
was for a certain sum of money, the amount was 
inserted in the condemnatio, and the judex was- 
bound to give that or nothing to the plaintiff. If 
the claim was for damages or satisfaction, the 
amount of which was not ascertained, the con- 
demnatio was cither limited to a sum named in 
the formula, and which the judex could not exceed 
except at his own peril (litem svam faciendo) ; or, 
if the action was for the recovery of property from 
the possessor, or if it was an actio ad exhibendum, 
the condemnatio empowered the judex to condemn 
the defendant in the value of the thing. Gene- 
rally, the term in the formula which expressed the 
value which was the object of the demand was, 
" quanti res est." Res may mean either a thing 
in the limited sense of the word, or generally the 
claim or demand, and the fixing this at a money 
value, was equivalent to litis aestimatio. The judex 
was always bound to condemn in some definite sum, 
even though the formula did not contain a definite 
turn : the reason of which is obvious, for, unless 
the condemnatio was definite, there would be no 
jiid(rmcnt (Gaius, iv. 48 — 52.) 

The following is the distinction between an 
Arbitrium and Judicium, according to Cicero (pro 
Rose. Com. 4) : — In a judicium the demand wag 
of a certain sum or definite amount (pecuniae 
etrlM ) ; in an arbitrium, the nmount was not de- 
termined (incerta). In a judicium the plaintiff 
obtained all that he claimed or nothing, ns the 
words of the formula show : " Si parct H. S. EK» 
dari oportcre." (Compare (iaius, iv. 50.) The cor- 
responding words in the formula arbitraria were: 
| " Quantum acquiui melius id dari ;" and their 
T t 4 



643 JUDEX, JUDICIUM. 

equivalents were, " Ex fide bona, Ut inter bonos 
bene agier." {Top. 17.) In a dispute about dos, 
which Cicero calls " arbitrium rei uxoriae," the 
words " Quod aequius, melius," were added. (Com- 
pare Gaius, iv. 47, 62.) If the matter was brought 
before a judex, properly so called, the judicium 
was constituted with a poena, that is, per spon- 
sionem ; there was no poena, when an arbiter was 
demanded, and the proceeding was by the formula 
arbitraria. The proceeding by the sponsio then 
was the strict one (angustissima formula sponsionis, 
Cic. pro Rose. Com. 14) : that of the arbitrium 
was ex fide bona, and the arbiter, though he was 
bound by the instructions of the formula, was al- 
lowed a greater latitude by its terms. The engage- 
ment between the parties who accepted an arbiter, 
by which they bound themselves to abide by his 
arbitrium, was Compromissum {pro Rose. Com. 4. 
4) ; but this term was also employed, as it appears, 
to express the engagement by which parties agreed 
to settle their differences by arbitration, without 
"the intervention of the praetor. Cicero appears to 
.allude to this arbitration. (Pro P. Quiniio, 5 ; 
■ compare Senec. de Bene/, iii. 7.) 

In the division of judicial functions between the 
Magistrates and Judex consisted what is called 
the Ordo Judiciorum Privatorum, which existed in 
the early periods of Rome, and continued till the 
time of Constantine. At the same time with the 
Ordo Judiciorum Privatorum existed the proceed- 
ing extra ordinem or extraordinaria cognitiq, in 
which the magistrates made a decision by a de- 
cretum, without letting the matter come to a judex. 
Finally, under the later empire the extraordinaria 
cognitio supplanted the old mode of proceeding. 

According to Cicero {pro Caeeina, 2) all Judicia 
had for their object, either the settlement of dis- 
putes between individuals {controversiae), or the 
punishment of crimes {maleficia). This passage 
refers to a division of Judicia, which appears in the 
Jurists, into Publica and Privata. The term Pri- 
vata Judicia occurs in Cicero {Top. 17), where it 
refers to the class of Judicia which he indicates in 
the Caeeina by the term Controversiae. The term 
Publica Judicia might not then be in use, but the 
term Publica Causa is used by Cicero {pro Rose. 
Amer. c. 21) with reference to a Judicium, which 
by the Jurists would be called Publicum. In the 
Digest (48. tit. 1. s. 1) it is stated that all Judicia 
are not Publica in which a crimen was the matter 
in question, , but only those in which the offence 
was prosecuted under some lex, such as the Julia 
Majestatis, Cornelia de Sicariis, and others there 
enumerated. The Judicia Popularia or Populares 
Actiones as they are called (Dig. 47. tit. 23. s. 1) 
are defined to be those by which " suum jus 
populus tuetur ;" and they agreed with the Pub- 
lica Judicia "in this, that any person might be 
the prosecutor, who was not under some legal dis- 
qualification. The Judicia Populi (Cic. Brut. 27) 
were those in which the populus acted as judices ; 
and accordingly Cicero enumerates the Populi Ju- 
dicia among others when he says {pro Domo, c. 
13) that " nihil de capite c'ivis, aut de bonis, sine 
judicio senates aut populi aut eorum qui de quaque 
re constituti judices sint, detrahi posse." As the 
Judicia Publica are defined by the jurists to be 
those in which crimina were tried by a special lex, 
it appears that the Judicia Populi, strictly so 
•called, must have fallen into disuse or have gradu- 
ally become unnecessary after the Judicia Publica 



JUDEX, JUDICIUM. 

were regulated by special leges ; and thus the 
Judicia Publica of the later republican period re- 
present the Judicia Populi of the earlier times. The 
Judicia Populi were originally held in the Comitia 
Curiata and subsequently in the Centuriata and 
Tributa. A lex of P. Valerius Publicola (Liv. ii. 
8 ; Cic. Rep. ii. 31) gave an appeal {provocatio) to 
the populus from the magistrates ; and a law of 
C. Sempronius Gracchus (Cic. pro Rabir. 4) de- 
clared to the same effect : " Ne de capite civium 
Romanorum injussu populi judicaretur." 

The kings presided in the Judicia Populi, and 
the consuls succeeded to their authority. But 
after the passing of the Lex Valeria de Provoca- 
tione (b. c. 508) persons were appointed to preside 
at such trials as affected a citizen's caput, and 
they were accordingly called Quaesitores or Quae- 
storesParricidii orllerumCapitalium. In some cases 
(Liv. iv. 51) a plebiscitum was passed, by which a 
magistrate was appointed to preside at the judicial 
investigation. In the course of time, as cases were 
of more frequent occurrence, these Quaestiones 
were made Perpetuae, that Is, particular magi- 
strates were appointed for the purpose. In the 
year 149 B. c. the tribune L. Calpurnius Piso 
Frugi carried a Lex De Pecuniis Repetundis, by 
which a Praetor presided at all such trials during 
his year of office, from which time the Quaestio 
Repetundarum became Perpetua. L. Sulla gave 
to one praetor the Quaestiones de Maj estate, and 
to others those of Peculatus and Ambitus ; and 
he also added four other Quaestiones Perpetuae. 
Thus he carried out the principle of tbe Lex Cal- 
pumia, by establishing permanent courts for the 
trial of various specified offences, and tbe praetors 
determined among themselves in wbich of these new 
courts they should severally preside. The ordinary 
functions of the praetor urbanus and peregrinus 
were not interfered with by these new arrange- 
ments. The Quaestiones of Sulla were, De Repe- 
tundis, Majestatis, De Sicariis et Veneficis, De 
Parricidio, Peculatus, Ambitus, De Nummis Adul- 
terinis, De Falsis or Testamentaria, and De Vi 
Publica. But in special cases the senate still some- 
times by a decretum appointed the consuls as 
quaesitores, of which an example occurs in Cicero. 
{Brut. 22.) 

Any person, not legally disqualified, might be 
an accuser {aecusator) in a Judicium Publicum. 
On such an occasion a praetor generally presided 
as quaesitor, assisted by a judex quaestionis and a 
body of judices called his consilium. The judex 
quaestionis was a kind of assistant to the presiding 
magistrates, according to some opinions ; but others 
consider him to be a quaesitor, who was sometimes 
specially appointed to preside on the occasion of a 
quaestio. (Walter, Gescliichte des RSm. Rec/its, 
p. 861.) The judices were generally chosen by 
lot out of those who were qualified to act. Both 
the •aecusator and the reus had the privilege of 
rejecting or challenging (rejicere) such judices as 
they did notlike. (Cic. ad Alt. i. 16.) The ju- 
dices -appointed . according to the provisions of the 
Lex Licinia de Ambitu, B. c. 55, Were called 
edititii, and these were judices named by the ac- 
cuser, whom the accused (reus) could not chal- 
lenge. (Cic. pro Cn. Plancio, 15, 17, ed. Wun- 
der, Prolegom. p. lxxvi.) The judices were called 
editi, when they could be challenged by the reus. 
In many cases a lex was passed for the purpose of 
regulating the mode of procedure. In the matter 



JUDEX, JUDICIUM. 

of Clodius and the Bona Dea, the senate attempted 
to carry a lex by which the praetor who was to 
preside at the trial should be empowered to select 
the judices, the effect of which would have been to 
prevent their being challenged by Clodius. After 
a violent struggle, a lex for the regulation of the 
trial was proposed by the tribune Fufius and car- 
ried : it only differed from the lex recommended 
by the senate in the mode of determining who 
should be the judices (judicum genus) : a differ- 
ence however which was not unimportant, as 
it secured the acquittal of Clodius. The judices 
voted by ballot, and a majority determined the 
acquittal or condemnation of the accused. If the 
votes were equal, there was an acquittal (Plut. 
Afarius, 5). Each judex was provided with three 
tablets (tabulae), on one of which was marked 
A, Absolvo ; on a second C, Condcmno ; and on a 
third N. L., Non liquet. The judices voted by 
placing one of these tablets in the urn (urna, 
Juv. Sal. v. 4), which was then examined for the 
purpose of ascertaining the votes. It was the duty 
of the magistratus to pronounce the sentence of 
the judices ; in the case of condemnation, to ad- 
judge the legal penalty ; of acquittal, to declare 
him acquitted ; and of doubt, to declare that the 
matter must be further investigated (umpliuscogno- 
icendum). 

Mention i3 often made of the Judicia Populi in the 
Latin writers. A Judicium was commenced by 
the accuser, who must be a magistratus, declaring 
in a contio, that he would on a certain day accuse 
a certain person, whom he named, of some offence, 
which he also specified. This was expressed by 
the phrase " diem dicere" ( Virgirtms Cacsoni capi- 
ta diem dii-it, lay. iii. 11). If the offender held any 
high office, it was necessary to wait till his time of 
service had expired, before proceedings could be 
thus commenced against him. The accused was 
required to give security for his appearance on the 
day of trial ; the security was called vades in a 
causa capitalis, and prneaes when the penalty for 
the alleged offence was pecuniary. If such secu- 
rity was not given, the accused was kept in con- 
finement. (Liv. iii. 13.) If nothing prevented the 
inquiry from taking place at the time fixed for it, 
the tri;il proceeded, and the accuser had to prove 
his case by evidence. The investigation of the 
facts was called Anquisitio with reference to the 
proposed penalty : accordingly, the phrases pecunia, 
capita or capitis anquirere, are used. (Liv. xxvi. 3.) 
In ben the investigation was concluded, the magis- 
tratus promulgated a rogatio, which comprehended 
the charge and the punishment or fine. It was a 
rule of law that a fine should not be imposed toge- 
ther with another punishment in the same rogatio. 
(Cic. pro hum. c. 17.) The rogatio was made 
public rturiiiir three ntmdinae, like any other lex ; 
and proposed at the comitia for adoption or re- 
jection. The form of the rogatio, the effect of 
which was to drive Cicero into banishment, is 
given in the Oration I'ru Ijimm, c. II!. The ac- 
cused sometimes withdrew into exile before the 
TOtM were taken ; or he might make his di fence, 
of which we have nn instance in the oration of 
Cicero for Rabirins. Though th»sc were called 
.Indic ia Populi, and properly so in the early ages 
oj (he »tate, the leges passed in such judicia in the 
latter period of the republic u. re often PlehiM -itn. 

The offences which were the chief subject of 
Judicia I'npuli and Publico wen- Majcstas, Adul- 



JUDEX, JUDICIUM. 649 

teria and Stupra, Parricidium, Falsum, Vis Pub- 
lica and Privata, Peculatus, Repetundae, Ambitus, 
which are treated under their several heads. 

With the passing of special enactments for the 
punishment of particular offences, was introduced 
the practice of forming a body of Judices for the 
trial of such offences as the enactments were di- 
rected against. Thus it is said that the Lex Cal- 
purnia De Pecuniis Rcpetundis established the 
Album Judicum Selectorum, or the body out of 
which Judices were to be chosen. It is not known 
what was the number of the body so constituted, 
but it has been conjectured that the number was 
350, and that ten were chosen from each tribe, 
and thus the origin of the phrase Decuriae Judi- 
cum is explained. It is easy to conceive that the 
Judicia Populi, properly so called, would be less 
frequent as special leges were framed for particular 
offences, the circumstances of which could be 
better investigated by a smaller body of Judices 
than by the assembled people. It is affirmed that 
up to the passing of the Calpurnia Lex, the 
Judices were chosen from the senators only, but 
after this time they were not taken from that body 
exclusively ; and further, that not only the Ju- 
dices in the Quaestioncs de Repetundis, but also 
the Judices in private matters were from the date 
of this lex taken from the Album Judicum which 
was annually made (Goettling, Gcschichte der Horn. 
Staatsverfassung, p. 425) ; for which there appears 
to be no evidence. Some modern writers affirm 
that by the Lex Calpurnia the Judices were chosen 
by the Praetor annually out of the body of sena- 
tors, and arranged according to their tribes ; and 
that the necessary number for each trial was 
chosen out of this body by lot. 

As many of those who were tried in the quaes- 
tioncs perpetuae belonged to the class of the Op- 
timatcs, it often happened that the Judices ac- 
quitted those members of their own body, who 
would have been convicted by impartial judices. 
Accordingly a struggle arose between the popular 
party and the Optimatcs, whom the popular parry 
wished to exclude from the office of Judex. The 
laws which relate to the constitution of the body 
of Judices are called Judiciariae, whether these laws 
related only to this matter, or made rules about 
it and other things also. The first lex which ex- 
cluded the Senators from the Album judicum 
selectorum was a Lex Sempronia of C. Gracchus, 
B.C. 123, in accordance with which the judices 
were taken only from the Kquites. This arrange- 
ment lasted above forty years, and gave satisfac- 
tion to the popular party ; but it did not wotk 
well in all respects, because the magistrates in the 
provinces favoured the rapacity of the Publicani, in 
order to keep on good terms with the Equitcs, 
to which class the Publicani belonged. (Cic. I err. 
iii. 41.) A Lex Scrvilia' Caepionis u. c. 10G is 
said to have repealed the Sempronia Lex ; but 
this Lex Scrvilia was itself repealed by a Lex 
Scrvilia Glauciac repetundarnm, probably in B. 0> 
104. This Lex is said to have given the Judicia 
to the Kquites, and consequently it cither repealed 
the Lex of n. c. 10'j indirectly, or it may merely 
have confirmed the Lex Sempronia ; for the real 
nature of the Lex of u. c. 106 is hardly ascer- 
tainable. There is a passage in Tacitui (Annul. 
xii. liO) in which he speaks of the .S< rviliu.- leges 
Kftoring the Judicia to the sennte. The Lex 
Serrilia of n. c. 101 excluded from the function of 



650 JUDEX, JUDICIUM. 

Judices every person who had been tribunus 
plebis, quaestor, triumvir capitalis, tribunus mili- 
tum in one of the first four legions, triumvir agris 
dandis assignandis, who was or had been in the 
senate, who was infamis, every person who was 
under thirty or above sixty years of age, every 
person who did not live in Rome or in the imme- 
diate neighbourhood, every father, brother, or son 
of a person who was or had been in the senate, 
and every person who was beyond seas. The 
Praetor who presided in this Quaestio, was to 
choose 450 judices, from whom the Judices for 
the particular case were to be taken by lot. 
(Fragmenta Legis Serviliae Repetundarum, &c. 
C. A. C. Klenze, Berlin, 1825, 4to.) 

The attempts of the tribune M. Livius Dru- 
sus the younger had no result [Leges Liviae]. 
A Lex Plautia B. c. 89 enacted, that the Judices 
should be chosen by the tribes, five by each 
tribe, without any distinction of class. The Op- 
timates triumphed under L. Cornelius Sulla, who 
by a Lex Cornelia b. c. 80 enacted that the Ju- 
dices should be taken exclusively from the Sena- 
tors. But a Lex Aurelia (b. c. 70) enacted that the 
Judices should be chosen from the three classes — 
of Senators, Equites, and Tribuni Aerarii (Veil. ii. 
32.) The Tribuni Aerarii were taken from the 
rest of the citizens, and were, or ought to have 
been, persons of some property. Thus the three 
decuriae of Judices were formed ; and it was either 
in consequence of the Lex Aurelia or some other 
lex that, instead of one urn for all the tablets, 
the decuriae had severally their balloting urn, so 
that the votes of the three classes were known. 
Dion Cassius (xxxviii. 8) ascribes this regulation to 
a Lex Fufia, and he says that the object was that 
the votes of the decuriae (e8vt), yivrt) might be 
known, though those of individuals could not, 
owing to the voting being secret. It is not known 
if the Lex Aurelia determined the number of Ju- 
dices in any given case. A Lex Pompeia passed 
in the second consulate of Pompey (b. c. 55), 
seems to have made some modifications in the Lex 
Aurelia, as to the qualification of the Judices ; but 
the new provisions of this lex are only known 
from Asconius, who explains them in terms which 
are very far from being clear. The Lex Pompeia 
de Vi, and De Ambitu (b. c. 52) determined that 
eighty judices were to be selected by lot, out of 
whom the accuser and the accused might reject 
thirty. In the case of Clodius (b. c. 61), in the 
matter of the Bona Dea, there were fifty-six judices. 
It is conjectured that the number fixed for a given 
case, by the Lex Aurelia, was seventy judices. 

A Lex Judiciaria of Julius Caesar (Sueton. Jul. 
41 ; Cic. Philip, i. 8) took away the decuria of 
the Tribuni Aerarii, and thus reduced the judices 
to two classes ( genera, the yevrj of Dion Cassius). 
A Lex Judiciaria, passed after his death by M. 
Antonius, restored the decuria of the Tribuni 
Aerarii, but required no pecuniary qualification 
from them : the only qualification which this lex 
required was, that a person should have been a 
centurion or have served in the legions. It appears 
that the previous Lex Pompeia, Lex Aurelia, and 
a Lex of Caesar, had given to those who had been 
centurions {qui ordines duxerant) the privilege of 
being judices (judicatus), but still they required a 
pecuniary qualification (census). The Lex of An- 
tonius, besides taking away the pecuniary qualifi- 
cation, opened the judicia to the soldiers. (Cic. 



JUDEX, JUDICIUM. 
Phil. i. 8, v. 5 ; Sueton. J. Caes. c. 41.) It seems 
probable that the expression ex centuriis, which is 
used by Asconius in speaking of the change intro- 
duced by this Lex Pompeia, had reference to the 
admission of the centurions into the third class of 
judices. 

Augustus, who altered the whole constitution of 
the body of judices by his leges judiciorum pub- 
licorum et privatorum, added to the existing 
three Decuriae Judicum, a fourth Decuria, called 
that of the Ducenarii, who had a lower pecuniary 
qualification, and only decided in smaller matters 
(de levioribus summis, Sueton. Aug. 32). Cali- 
gula (Sueton. Calig, 16) added a fifth Decuria, 
in order to diminish the labours of the judices. 
Augustus had already allowed each Decuria, in its 
turn, an exemption for one year, and had relieved 
them from sitting in the months of November and 
December. The whole number of judices was 
raised by Augustus to near 4000 (Plin. Hist. 
Nat. xxxiii. 7) ; and the judices in civil cases 
were taken out of this body. They were chosen 
by the Praetors out of the persons who had the 
property qualification, and the duty of serving 
as a judex thus became one of the burdens to 
which citizens were liable. 

As to the whole number of judices, included at 
any given time in the Album Judicum, it seems 
almost impossible to state any thing with preci- 
sion ; but it is obvious from what has been said, 
that the number must have varied with the vari- 
ous changes already mentioned. After the time of 
Augustus the number was about four thousand, 
and from this period, at least, there is no doubt that 
the Album Judicum contained the whole number 
of persons who were qualified to act as judices, 
both in Judicia Privata and Judicia Publica. The 
fourth Decuria of Augustus was limited in its func- 
tions to the Judicia Privata in which the matter in 
dispute was of small value. It is often stated 
by modern writers, without any qualification, that 
the various changes in the judiciary body from the 
time of the Lex Calpurnia to the end of the re- 
public had reference both to the Judicia Publica 
and Privata ; though it is also stated that the ob- 
jects of these various enactments were to elevate 
or depress one of the great parties in the state, by 
extending or limiting the body out of which the 
judices in any given case were to be chosen. But 
it is obvious that these reasons do not apply to the 
matter of Judicia Privata, in which a single judex 
generally acted, and which mostly concerned mat- 
ters of property and contract. Accordingly, a re- 
cent writer (Walter, Geschiclite des Rom. liechts, 
p. 716) has observed with more caution than some 
of his predecessors, that " there is no doubt that 
from the time of Augustus the Album Judicum 
had reference to the judices in civil matters, but 
that as to earlier times a difficulty arises from 
the fact that while the Lex Sempronia was in 
force, by which the senators were excluded from 
the Album Judicum, a Consularis is mentioned as 
a judex (Cic. de Off. iii. 19) ; and, on the other 
hand, an Eques is mentioned as a judex at a time 
when the Lex of Sulla was in force, and conse- 
quently senators only could be judices. (Cic. Pro 
Rose. Com., c. 14.)" These instances certainly are 
inconsistent with the fact of the Judicia Privata 
being regulated by the various Legis Judiciariae ; 
but they are of small weight, compared with the 
reasons derivable from the character of the two' 



JUDEX PEDANEUS. 



JUGERUM. 



651 



kinds of Judicia and the difference in the mode of] 
procedure, which render it almost a matter of de- 
monstration that the various changes in the judi- 
ciary body had reference to the Quaestiones and 
Judicia Publica. It is true that some of these 
leges may have contained provisions even as to 
Judicia Privata, for many of the Roman leges con- 
tained a great variety of legislative provisions, and I 
it is also true that we are very imperfectly ac- 
attainted with the provisions of these Leges Judi- I 
ciariae ; but that the regulation of the Judicia 
Privsta was included in their provisions, in the 
same form and to the same extent as that of the 
Judicia Publica, is an assertion totally unsupported 
by evidence, and one which leads to absurd con- 
clusions. Two Leges Julia- together with a Lex 
Acbutia put an end to the Legis Actiones (Gaius, 
iv. 30) ; and a Lex Julia Judiciaria limited the 
time of the Judicia Legitima (Gaius, iv. 104) : but 
it does not appear whether these leges were passed 
solely for these objects, or whether their provisions 
were part of some other leges. 

Rethmann-Hollweg (Ilajidbueh des Civilprozcsses, 
p. 13) observes: "the establishment of a more 
limited body of judices out of the senatorial body 
Cat bum judicum selectorum), A. v. c. 605, the 
transfer of this privilege to the cquitcs, by C. 
Gracchus, the division of it between both classes 
after long struggles and changes, and even the 
giving it to the third class, whereby three classes 
or decuriae of judices were established ; all these 
changes, which were so important in a constitutional 
point of view, referred especially to the criminal 
proceedings which were politically so important." 

Though the general character of the Roman 
Judicia, and the modes of procedure both in civil 
and criminal matters, are capable of a sufficiently 
clear exposition, there is much uncertainty as to 
many details, and the whole subject requires a 
careful examination by some one who combines 
with a competent knowledge of the original autho- 
rities, an accurate acquaintance with the nature of 
legal procedure. 

The following works may be referred to: — 
Walter, (Jesehiclite des Rum. Rerhu. ■ Goettling, 
Geschichte tier Rom. Slaalster/ussurui ; Hcincc- 
cius, Syntagma, &c. ; Tigerstrom, Dc Judiciius 
ni»i<t Romanos, Berl. 1826, valuable only for the 
collection of the original authorities : Keller, Ueher 
l.iiit Ct,nlr.l,ii:,,n tuft t'rtliril, Ace. Zurich, 1827; 
Rethmann-Hollweg, ] lanilbucli des Civilprozcsses, 
Bonn, 11)34; P. lnvernizii, Dt Publids et Orimi- 
mWmi Judical Romanoruin, Libri Tres, Leipzig, 
1840; Puchta, Instit. i. §71, ii. § 151, &c. ; 
(i.iim. iv. ; Dig. 5. tit. 1. I)c Jutliciis ; Dig. 48. 
De JudicUt Publiat; Inst. iv. tit. Hi.) [G. L.] 

JUDEX OROINA'RIUS. [Judex Pkda- 

NKIN. ] 

JUDEX PEDA'NEUS. The origin and mean- 
ing of this term seem to be unknown. It is not 
used by the classical Roman writers. The judices 
to whom the praetor or praeses referred a matter in 
litigation with the usual instnictions, were some- 
times called PedaneL (Theophil. iv. 15 ; Cod. 3. 
tit. 3.) Subsequently the praeses, who was now 
sometimes designated Judex Ordinarius or Judex 
simply (Ctnl.Throd. 1. tit 7), decided most matters 
without the intervention of n Judex ; but still he 
was empowered to appoint n permanent body of 
judices for the decision of leu important mntters, 
and these also were called Judices Pedanei, " hoc 



est qui negotia humiliora disccptent'' (Cod. 3. 
tit. 3. s. 5.) The proceedings before this new kind 
of Judices Pedanei were the same as before the 
praeses. Some modern writers are of opinion that 
these new pedanei judices did not form a perma- 
nent court, but only decided on matters which were 
referred to them by a superior authority. (Cod. 3. 
tit. 3.) The reason of these judices receiving a dis- 
tinctive name is conjectured to be this, that the 
magistrate himself was now generally called Judex. 
The Greek translation of Pedaneus is x a . U£ "5<- 
Kao-T-fis (Theophil. iv. 15. pr.) [G. L.] 

JUDEX QUAESTIO'NIS. [Judex, p. 648.] 

JUDICA'TI ACTIO. A thing was a Res 
judicata, when the matter in dispute had been de- 
termined by a judicial sentence ; and the actio 
judicati was a mode which the successful party 
might adopt, for obtaining a decree of the magis- 
trate by which he could take possession of the 
property of the person who had lost the cause and 
had not satisfied the judgment. The plaintiff in 
the actio judicati was also protected in his posses- 
sion of the defendant's property by a special inter- 
dict, and he was cm]>owered to sell it. The party 
condemned was limited as to his defence. Origin- 
ally the judicatus was obliged to find a vindex 
(rindicem dare) ; but in the time of Gaius it had 
become the practice for him to give security to 
the amount of the judgment (judication sdei satis- 
dare). If the defendant pleaded that there was 
no res judicata, he was mulcted in double the 
amount of the judgment, if his plea was false. 

The actio judicati, as a peculiar obligation, is 
merely the development and completion of the 
obligatio which is founded on the Litis Contes- 
tatio ; but this peculiar obligatio is merely another 
form of execution, and it participates in the general 
nature of the process of execution. The general 
nature of the actio judicati appears from the fol- 
lowing passages. (Dig. 42. tit. 1. s. 4, 5, 6, 7, 41. 
§ 2, 4 3, 44, 6 1 ). Savignv, Si/stem, &c vi. p. 4 1 1 . 

(Gaius, iv. 9, 25, 171, 102 ; Cie. pro Flaw. 21 j 
Paulus, S. R. 1. tit. 19.) [G. L.] 

JU'DICES EDITI, EDITI'TII. [Judex, 
p. 646.] 

JUDI'CIA DUPLI'CIA. [Familiae Ebcib- 
cuxdae Actio.] 

JUDI'CIA LEGITIMA. [Imperiuk, p. 
628, b., p. 629, a.] 

JUDI'CIA QUAE IMPE'RIO. [Imi-kkii-m, 
p. 628, b, p. 629, a.] 

JUDI'CIUM. [Judex.] 

JUDI'CIUM PO'PULI. [Judex, p. 648.] 

JUDI'CIUM PRIVATUM, PU'BLICUM. 
[Judex, p. 648.] 

JU'GERUM or JUGUS (the latter form, as a 
neuter noun of the third declension, is very com- 
mon in the oblique cases and in the plural), a 
Roman measure of surface, 240 feet in length and 
120 in breadth, containing therefore 28,800 square 
feet (Colnm. R. R. v. 1. § 6 ; Quintil. i. 18.) It 
was the double of the /lr/u.» Quatlratiis, and from 
this circumstance, according to some writers, it 
derived its name. (Varro, /,. /,. v. 35, M'ullcr, 
R. R. i. \0). [Actum.] It seems probable that, 
as the word wns evidently originally the same an 
jn'/ii* i,r jii</niii, a yoke, and as actus, in its original 
use, meant a path wide enough to drive a single 
beast along, that jni/rrum originally meant a path 
wide enough for a yoke of oxen, namely, the 
double of the actus in width ; and thnt when netus 



fi52 



JUGUM. 



JUGUM. 



was used for a square measure of surface, the^V 
gerum, by a natural analogy, became the double of 
the actus quadratics ; and that this new meaning 
of it superseded its old use as the double of the 
single actus. The uncial division [As] was ap- 
plied to the jugerum, its smallest part being the 
scrupidum of 10 feet square, =100 square feet. 
Thus the jugerum contained 288 scrupula. (Varro, 
R. R. I. c.) The jugerum was the common mea- 
sure of land among the Romans. Two jugera 
formed an hercdium, a hundred Iteredia a centuria, 
and four centuriae a saltits. These divisions were 
derived from the original assignment of landed 
property, in which two jugera were given to each 
citizen as heritable property. (Varro, I.e.; Nie- 
buhr, Hist, of Rome, vol. ii. pp. 156, &c, and Ap- 
pendix ii.) [P. S.] 

JUGUM ((uybs, (vybv), signified in general 
that which joined two things together. It denoted 
more especially, 

1. In architecture any cross beam (Vitruv. x. 8. 
19). 

2. The transverse beam which united the up- 
right posts of a loom, and to which the warp was 
attached. (Ovid. Met. vi. 55.) [Tela] 

3. The transverse rail of a trellis (Varro, de Re 
Rust. i. 8 ; Col. de Re Rust. iv. 17, 20, xii. 15, 
Geopon. v. 29), joining the upright poles (perticae, 
XapaKes) for the support of vines or other trees. 
[Capistrum.] Hence by an obvious resemblance 
the ridges uniting the tops of mountains were 
called juga montium. (Virg. Eel. v. 76 ; Flor. ii. 
3, 9, 17, iii. 3.) 

4. The cross-bar of a lyre. (Horn. R. ix. 187.) 

5. A scale-beam, and hence a pair of scales 
[Libra]. The constellation Libra was conse- 
quently also called Jugum. (Cic. Div. ii. 47.) 

6. The transverse seat of a boat. (Aeschyl. 
Agam. 1608 ; Soph. Ajaoc, 247 ; Virg. Aen. vi. 
411.) This gave origin to the term (jiy'iTi)s, as 
applied to a rower. A vessel with many benches 
or banks for the rowers was called vrjvs iroAvfyyos 
or eKard^vyos. (Horn. //. iii. 293, xx. 247.) 

7. The yoke by which ploughs and carriages 
were drawn. The yoke was in many cases a 
straight wooden plank or pole laid upon the 
horses' necks ; but it was commonly bent to- 
wards each extremity, so as to be accommodated 
to the part of the animal which it touched (curva 
juga, Ovid. Fast. iv. 216, Trist. iv. 6. 2). The 
following woodcut shows two examples of the 
yoke, the upper from a MS. of Hesiod's Works 
and Days, preserved at Florence, the lower from a 
MS. of Terence belonging to the Vatican library. 
These may be compared with the still ruder forms 
of the yoke as now used in Asia Minor, which are 
introduced in the article Aratrum. The practice 
of having the yoke tied to the horns and pressing 
upon the foreheads of the oxen (capite, non cervice 
junctis, Plin. H. N. viii. 70), which is now com- 
mon on the continent of Europe, and especially in 
France, is strongly condemned by Columella on 
grounds of economy as well as of humanity. {De 
Re Rust. ii. 2.) He recommends that their heads 
should be left free, so that they may raise them 
aloft and thus make a much handsomer appearance. 
(Cic. Nat. Deor. ii. 63; Ovid. Met. vii. 211.) 
All this was effected by the use either of the two 
collars (suhjugia, Vitruv. x. 3. 8 ; ixecraga, Hesiod. 
Op. et Dies, 469 ; Proclus, ad he. ; (evyXai, Horn. 
II. xix. 406 ; Schol. ad ApolL. Rhod. iii. 232) 



shown in the upper figure of the woodcut, or of the 
excavations (y/\v<pai) cut in the yoke, with the 
bands of leather (lora ; vincla, Tib. ii. 1. 7 ; rav- 
poSerii/ f3vfio-av iiravxevlyv, Brunck, Anal. iii. 44, 
/XeivdSva), which are seen in the lower figure. 




This figure also shows the method of tying the 
yoke to the pole (temo, pvp.6s) by means of a 
leathern strap ((vySSeauoy, Horn. U. v. 730, xxiv. 
268 — 274), which was lashed from the two op- 
posite sides over the junction of the pole and yoke. 
These two parts were still more firmly connected 
by means of a pin {ifiSoXos, Schol. in Eurip. Hip- 
pol. 666 ; earcup, Horn. 1. c. ; Arrian. Eocped. 
Alex. ii. p. 85, ed. Blan. ; e/igpuoe, Hes. I. c), 
which fitted a circular cavity in the middle of the 
yoke (6fj.<pa\bs, Horn. /. &). Homer represents the 
leathern band as turned over the fastening thrice 
in each direction. But the fastening was some- 
times much more complicated, especially in the case 
of the celebrated Gordian knot, which tied the 
yoke of a common cart, and consisted only of flexi- 
ble twigs or bark, but in which the ends were so 
concealed by being inserted within the knot, that 
the only way of detaching the yoke was that which 
Alexander adopted. (Arrian, /. c. ; Q. Curt. iii. 2 ; 
Schol. in Eurip. I. c.) 

Besides being variegated with precious materials 
and with carving, the yoke, especially among the 
Persians, was decorated with elevated plumes and 
figures. Of this an example is presented in a 
bas-relief from Persepolis, preserved in the British 
Museum. The chariot of Dareius was remarkable 
for the golden statues of Belus and Ninus, about 
eighteen inches high, which were fixed to the yoke 
over the necks of the horses, a spread eagle, also 
wrought in gold, being placed between them. (Q. 
Curt. iii. 3.) The passages above cited show that 
when the carriage was prepared for use, the yoke 
which had been laid aside, was first fastened to 
the pole, and the horses were then led under it. 
Either above them, or at the two ends of the 
yoke, rings were often fixed, through which the 
reins passed. These frequently appear in works of 
ancient art, representing chariots. 

Morning and evening are often designated in 
poetry by the act of putting the yoke on the oxen 
(Hes. Op. et Dies, 581) and taking it off. (Hor. 
Carm. iii. 6. 42 ; Virg. Eel. ii. 66 ; Ovid. Fast, 
v. 497 ; (SouAuiris, fiov/Xvrbs, Arrian, I.e. ; Horn. 
II. xvi. 779 ; Cic. ad Alt. xv. 27 ; ffuvkvatos &pri,. 
Arat. Dios. 387.) 



JURGIOI. 



JURISCONSULTI. 



653 



By metonymy jiigum meant the quantity of 
land which a yoke of oxen could plough in a day. 
(Varro, de He Rust. i. 10.) It was used as equi- 
valent to the Latin par and the Greek £evyos, as 
in aquilarum jugum. (Plin. //. A*, x. 4, 5.) By 
another figure the yoke meant slavery, or the con- 
dition in which men are compelled against their 
will, like oxen or horses, to labour for others. 
(Acschyl. Again. 512 ; Floras, ii. 14 ; Tacit. Agrie. 
31 ; Hor. Sat. ii. 7. 91.) Hence, to express sym- 
bolically the subjugation of conquered nations, the 
Romans made their captives pass under a yoke (sub 
jugum miltere), which, however, in form and for 
the sake of convenience, was sometimes made, not 
like the yoke used in drawing carriages or ploughs, 
but rather like the jugum described under the two 
first of the preceding heads ; for it consisted of a 
spear supported transversely by two others placed 
upright. [J. Y.] 

J I GUMENTUM. [Jamm, p. 624, b.] 
JUNIO'RES. [Comitia. p. 333.] 
JURA IN RE. [Dominium.] 
JURE ACTIO, IN. [Jurisdictio.] 
JURE CESSIO, IN, was a mode of trans- 
ferring ownership by means of a fictitious suit, and 
so far resembled the forms of conveyance by fine 
and by common recovery, which, till lately, were 
in use in England. The In Jure Cessio was appli- 
cable to things Mancipi and Nec Mancipi, and 
also to Res Incorporaleg, which, from their nature, 
were incapable of tradition. The parties to this 
transaction were the owner (dominut qui cedit), the 
person to whom it was intended to transfer the 
ownership (rindicans, cut ceditur), and the magis- 
tratus, qui addicit. The person to whom the 
ownership was to be transferred, claimed the thing 
as his own in presence of the magistratus and the 
real owner ; the magistratus called upon the owner 
for his defence, and on his declaring that he had 
none to make, or remaining silent, the magistratus 
decreed (addixit) the thing to the claimant. This 
proceeding was a legis actio. 

An hereditas could be transferred by this pro- 
cess [Heres, p. 601, b.] ; and the res corporales, 
which belonged to the hereditas, passed in this way 
just as if they had severally been transferred by 
the In Jure Cessio. 

The In Jure Cessio was an old Roman institu- 
tion, and there were provisions respecting it in the 
Twi-Ivp Tables. (Frag. Vat. s. 50.) 
(GaioiiLSij Dip. Frag, tit 19. s. 9.) [G. L.] 

JU'Rfil I'M is apparently a contracted term of 
Jiiridicium. The word had a special legal mean- 
ing, as appears from a passage of Cicero, De Re- 
],uhliru, quoted by Nonius: " Si jurgant, inquit, 
hcncvolonim concertatio, non lis inimicoram jurgium 
dicitur. Et in scquenti : Jurgare igitur lex putat 
inter sc vicinos, non litigare." Rudorff states that 
the small disputes which arose between owners of 
contiguous lands within the " quinque pedes " 
(C'ic. </'■ l*g. i. lit) were comprehended under the 
term Jurgium. He refers for n like use of the 
word to Horace (ICp. ii. 1. 3D, and ii. 2. 170), 

Scd vocat usque Biium, qua (wpulus adsita ccrtis 
Limiiihus vidua refugit jurgia. 

( Kndorff, Zeihchrifl, &c. vol. x. p. 316, Ueberdie 
( Iran :«■/<< id ungsklagr. ) 

Compare also Cicero, de Isgilm*, ii. IJ. " Kcriis 
jurgia amovento ; " and Facciolati, Lexicon, t. v. 
Jurgium. |U. L.J 



JURI'DICI. Under Hadrian, Italy was di- 
vided into five districts, one of which contained 
Rome, and continued in the same relation to the 
Roman praetor that it had been before the division 
of Hadrian. Each of the other four districts re- 
ceived a magistratus with the title of consularis, 
who had the higher jurisdiction, which was taken 
from the municipal magistrates. We mav also 
infer that the court of the consularis was a court of 
appeal from the inferior courts in the matters which 
were left to their jurisdiction. (Spart. Hadrian. 22 ; 
Capitol Pius,2.) This arrangement of Hadrian 
was an advantage to the Italians, for before this 
time the inhabitants had to go to the Roman 
praetor's court for all matters which were not 
within the jurisdiction of the duumviri ; for we 
must assume that the cnnsulares resided in their 
districts. M. Aurelius placed functionaries with 
the title of Juridici in the place of the Consulares 
(l'uchta, Inslit.i. § 92 ; and note (m) on the pass- 
age of Appian, Bell. Civ. i. 3!1). [G. L.] 
JURI'DICI CONVENTUS [Provincial 
JURISCONSULTI or JURECONSULTI. 
The origin among the Romans of a body of men, 
who were expounders of the law, may be referred 
to the separation of the Jus Civile from the Jus 
Pontificium. [Jus Civile Flaviancm.] Such 
a body certainly existed before the time of Cicero, 
and the persons who professed to expound the law 
were called by the various names of jurisperiti, 
jurisconsult!, or consulti simply. They were also 
designated by other names, as jurisprudentes, pru- 
dentiores, peritiorcs, and juris auctores. The word 
which Plutarch uses is vofioSttKT-ns ( Tib. Cracch. 
9), and vopiK6s (.Sul/a, 36.) Cicero (Top. 5) enu- 
merates the jurisperitorum auctoritas among the 
component parts of the Jus Civile. The definition 
of a jurisconsultus, as given by Cicero (De Or. i. 
48), is, "a person who has such a knowledge of 
the laws (leges) and customs (consuetude) which 
prevail in a state as to be able to advise (respon- 
dendum), act (agendum), and to secure a person in 
his dealings (cavendum) : Sextus Aelius Catus [Jus 
Aelia.nlm], M\ Manilius, and P. Mucius are ex- 
amples." In the oration Pro Murcna, Cicero uses 
" scribcre " in the place of " agcre." The business 
of the early jurisconsulti consisted both in advising 
and acting on behalf of their clients (consmttam) 
gratuitously. They gave their advice or answers 
(responsa) either in public places which they at- 
tended at certain times, or at their own houses 
(Cic. de Or. iii. 33) ; and not only on matters of 
law, but on any thing else that might be referred- 
to them. The words " scribere " and " caverc " 
referred to their employment in drawing up formal 
instruments, such as contracts or wills, &c At a 
later period, many of these functions were per- 
formed by persons who were paid by a fee, and 
thus there arose a body of practitioners distinct 
from those who gave rcsponsa and who were writers 
and teachers. The earlier jurisconsults cannot bo 
said to be the same kind of persons as those of a 
later period. Liw had not then assumed a sci- 
entific form. The first whom Pomponius mentions 
was Papirius, who is said to have made a collection 
of the Leges Hegiae. Tiberius Coruncaniiis, a 
plebeian, who was consul u. c. 2111, anil also the 

lir-t plebeian Pnntifex Maxiinus, is ntionod U 

the first who publicly professed ( puhtier pro- 
J'ettUM est), ami he was distinguished both for his 
knowledge of the law and his eloquence, lie left 



654 



JURISCONSULTI. 



JURISCONSULT!. 



no writings. It must not, however, be assumed 
that Coruncanius was a professor of law in the 
modern sense of the term ; nor any other of the 
jurists after him who are enumerated by Pomponius. 
Before the time of Cicero the study of the law 
had become a distinct branch from the study of 
oratory, and a man might raise himself to eminence 
in the state by his reputation as a lawyer, as well 
as by his oratorical power or military skill. There 
were many distinguished jurists in the last two 
centuries of the republican period, among whom 
are M\ Manilius ; P. Mucius Scaevola, Pontifex 
Maximus (b. c. 131) ; Q. Mucius Scaevola, the 
augur ; and Q. Mucius Scaevola, the son of Publius, 
who was consul B. c. 95, and afterwards Pontifex 
Maximus, and one of the masters of Cicero (juris- 
peritorum eloquentissimus, eloquentium jwisperitissi- 
mus, Cic. de Or. i. 39, Brutus, c. 89). This Scae- 
vola the Pontifex, was considered to have been the 
first who gave the Jus Civile a systematic form, by 
a treatise in eighteen books. (Dig. 1. tit. 2. s. 2. 
§ 41.) There are four excerpts in the Digest from 
a work of his in one book, on Definitions. Servius 
Sulpicius Rufus, the friend and contemporary of 
Cicero, and consul B. c. 51 {Brut. 7, 40), was as 
great an orator as the Pontifex Scaevola, and more 
distinguished as a jurist. Many persons, both his 
predecessors and contemporaries, had a good prac- 
tical knowledge of the law, but he was the first 
who handled it in a scientific manner, and as he 
had both numerous hearers and was a voluminous 
writer, we may view him as the founder of that 
methodical treatment of the matter of law which 
characterised the subsequent Roman jurists (Cic. 
Brut. 41 ; Dig. 1. tit. 2. s. 2. § 43), and in which 
they have been seldom surpassed. 

The jurists of the imperial times are distin- 
guished from those of the republican period by two 
circumstances, the Jus Respondendi, and the rise 
of two Schools of Law. 

It is said that Augustus determined that the 
Jurisconsulti should give their responsa under his 
sanction (ex auctoritate ejus responderent). The 
jurists who had not received this mark of imperial 
favour, were not excluded from giving opinions ; 
but the opinions of such jurists would have little 
weight in comparison with those of the privileged 
class. Those who obtained the Jus Respondendi 
from the Princeps, would from this circumstance 
alone have a greater authority, for formally their 
Responsa were founded on the authority of the 
Princeps. These responsa were given sealed (sig- 
nata), apparently to prevent falsification. The 
matter proposed for the opinion of the Jurisconsulti 
was sometimes stated in the Responsum, either 
fully or briefly ; and the Responsum itself was 
sometimes short, sometimes long ; sometimes it 
contained the grounds of the opinion, and some- 
times it did not. (Brisson. de Form. iii. c. 85 — 
87.) 

The responsa of a privileged jurisconsultus would 
be an authority for the decision of a judex ; if 
there were conflicting responsa given, the jndex 
would of course decide as he best could. But, 
besides the direct responsa, which were given in 
particular cases, there was the authority of the 
writings of the privileged jurists. As before the 
time of Augustus, public opinion only gave autho- 
rity to a jurist's responsa and writings, so from the 
time of Augustus this authority was given by the 
Jus Respondendi to the responsa and writings of 



a jurist. This privilege gave to a jurist the con- 
dition of a Juris auctor, and to his writings legal 
authority, neither of which belonged to a jurist 
who had not received the privilege. Accordingly, 
the writings of such privileged jurists received the 
same authority as their responsa ; and if the 
opinions of the Juris auctores, as expressed in 
their writings, did not agree, the Judex was left 
to decide as he best could. This explanation of 
the nature of the Jus Respondendi, which is by 
Puchta (Instit. i. § 117), is applied by him to the 
elucidation of the passage in Gaius (i. 7. Responsa 
prudentium sunt sententiae et opiniones, &c). He 
supposes that this interpretation of the passage is 
strictly conformable to what has been said of the au- 
thority of the writings of the jurists. If we leave 
out of consideration the technical expression Res- 
ponsa, with which the passage begins, there is no 
difficulty at all in applying the words of Gaius to the 
writings of the jurists ; and, in fact, it is most con- 
sistent to take responsa in this passage in a wider 
sense, and as equivalent to auctoritas. The term 
Responsa originated at a time when responsa, in 
the simple sense of the term, were the only form 
in which the auctoritas of a jurist was manifested ; 
whereas in the time of Gaius, the writings of the 
jurists had become a very important legal authority, 
and consequently they must be included by Gaius 
in the term Responsa Prudentium, for otherwise 
he would not have mentioned at all the Auctoritas 
Prudentium, to which he so often refers in various 
parts of his work. Puchta's explanation of this 
passage, which bears the stamp of great probability, 
may be compared with that of Savigny (System, 
&c. vol. i. p. 155). 

In the time of Augustus there arose two schools 
(scholae) of Jurists, the heads of which were re- 
spectively Ateius Capito and Antistius Labeo. The 
followers of Labeo, whom we know with certainty 
to have been such, were Nerva, Proculus, Nerva 
the son, Pegasus, Celsus, Celsus the son, and 
Neratius Priscus. The followers of Capito were 
Massurius Sabinus, C. Cassius Longinus, Coelius 
Sabinus, Priscus Javolenus, Aburnus Valens Tus- 
cianus, Gaius, and probably Pomponius. But the 
schools did not take their names from Labeo and 
Capito. The followers of Labeo were named Pro- 
culiani, from Proculus. The followers of Capito 
derived thejr name of Sabiniani from Massurius 
Sabinus, who lived under Tiberius, and as late as 
the reign of Nero : they were sometimes also called 
Cassiani, from C. Cassius Longinus. It is not 
easy to state with precision the differences which 
characterised the two schools. Whatever may 
have been the origin of these differences, which 
may perhaps be partly referred to the personal 
character of Capito and Labeo, the schools were 
subsequently distinguished by a difference in their 
manner of handling the matter of the law. The 
school of Capito adhered more closely to what was 
established, and to the letter of what was written. 
Labeo was a man of greater acquirements than 
Capito, and his school looked more to the internal 
meaning than to the external form, and thus, while 
apparently deviating from the letter, they ap- 
proached nearer to true results ; though the strict 
logic of this school might sometimes produce a re- 
sult less adapted to general convenience than the 
conclusions of the Sabiniani, which were based on 
the prevailing notions of equity. Much has been 
written on the characteristics of the two schools, 



JTJRISDICTIO. 



JUS. 



655 



hut to very little purpose. The matter is hriefly 
treated by Puchta. (Insiit. i. § 98.) 

The writings of the jurisconsulti consisted of 
commentarii on the Twelve Tables, on the Edict, 
on particular leges, more especially on some of the 
Juliae Leges, and on other matters. The later 
jurists also commented on the writings of the earlier 
jurists. They also wrote elementary treatises (e/e- 
menta, commerdarii), such as the Institutiones of 
Gaius, which is the earliest work of the kind that 
we know to have been written ; books called 
Regulae, and Definitiones, which probably were 
collections of maxims and legal principles ; collec- 
tions of cases and answers, under the various namc3 
of responsa, epistolae, sententiae, and opiniones ; 
systems of law ; and various works of a miscella- 
neous character, with a great variety of names, 
such as dispntationes, quaestiones, enchiridia, res 
quotidianae, and various other titles. 

The juristical writers were very numerous : they 
formed a series, beginning with Q. Mucins Scae- 
vnla, the Pontifex, and ending about the time of 
Alexander Sevcrus, with Modestinus who was a 
pupil of Ulpian. With the exception of the frag- 
ments preserved in the Digest, this great mass of 
literature is nearly lost. [Pandectae.] 

The mode of teaching law at Rome was of a 
practical nature. Professors of law in the modern 
sense did not exist till the Imperial periods. Ul- 
pian calls them Juris civilis professores (Dig. 50. 
tit. 13. s. 1. § 5) ; but there is no indication that he 
considered himself as one of the class ; nor can we 
consider that such men as Julian, Papinian or 
Paulus ever followed the occupation of teacher of 
law. The instruction which was given in the re- 
publican period consisted in the Jurisconsulti al- 
lowing young men to be present as auditores, when 
they delivered their legal opinions, and to see how 
they conducted their business. (Cic. Unit. 89, 
/Melius, 1.) Previous, however, to attending to 
this practical instruction, young men were taught 
the elements of law, which was expressed by the 
term institui, whence probably the name Insti- 
tutiones was given to elementary treatises like 
those of Gaius. Accordingly, institui and audire, 
expressed the two parts of a legal education ; and 
this mode of instruction continued probably till 
near the time of Constantine. In the Imperial 
period, probably young men devoted themselves 
for a still longer period to attendance on those 
jurists, who had the Jus Rcspondendi. These 
young men are the juris studiosi, who are men- 
tioned by L'lpian and others. Thus Ulpian calls 
Modestinus, ** gtudiosus meus." As already ob- 
served, the class called Juris Civilis Professores 
arose under the empire, and they received from 
those who attended them an Honorarium, or fee. 
(Ulpian, Dig. 50. tit. 13. s. 1. § 5.) 

(Pomponius, I)k Oriijine Juris, Dig. 1. tit. 2. 
s. 2 ; Zimmcm, Ceschiclite des /{omischen /'rival ■ 
rcr/,t.<.) [G.L.] 

JURISpi'CTIO. The "officium" of him 
" qui jus dicit " is defined as follows ( Dig. 2. tit. I. 
Bl Jurisdirtione) : — u Honorum possessionem dare 
potest, et in possessionem mittere, pupillis non 
habentibus tutores constituere, judiccs litigantibus 
dare." This is the general signification of tin- 
word Jurisdictio, which expresses the whole " offi- 
cium jus diccnlis." The functions which arc in- 
cluded in the " officium jus diccntis " belong either 
to the Jurisdictio (in its special sense), or to the 



Imperium Mixtum, or they are those which are 
exercised by virtue of some lex, senatuscousultum, 
or authority delegated by the princeps, as the 
"Tutoris datio." (Dig. 26. tit. 1. s. 6.) The Juris- 
dictio of those magistratus who had no Imperium, 
was limited in consequence of not having the Im- 
perium, and therefore was not Jurisdictio in the 
full meaning of that term. [Imperium ; Magis- 
tratus.] Inasmuch as Jurisdictio in its special 
sense, and the Imperium Mixtum, are component 
parts of Jurisdictio in its wider sense, Imperium 
may be said to be contained in or incident to 
Jurisdictio (imperium quod jurisdictioni cohaeret, 
Dig. 1. tit. 21. s. 1). Sometimes Imperium is 
viewed as the term which designates the full power 
of the magistratus ; and when so viewed, it may be 
considered as equivalent to Jurisdictio, in its wider 
sense, or as comprehending Jurisdictio in its nar- 
rowest sense. Thus Imperium may be considered 
as containing oras contained in Jurisdictio, according 
as we give to each term respectively its wider or its 
narrower meaning. (Puchta, XJeber den inhult dcr 
Lex Rubria, Zcitschrift, vol. x. p. 195.) The Juris- 
dictio was cither Voluntaria or Contentiosa. (Dig. 1. 
tit. 1. 6. s. 2.) The Jurisdictio Voluntaria rendered 
valid certain acts done before the magistratus, for 
which certain forms were required, as adoption 
and manumission. Thus adoption, properly so 
called, could take place before the praeses of a pro- 
vincia (Gaius, i. 1 00) ; but in Rome it took place 
before the praetor, and was said to be effected 
" imperio magistratus." The Jurisdictio Conten- 
tiosa had reference to legal proceedings before a 
magistratus, which were said to be in jure as op- 
posed to the proceedings before a judex, which 
were said to be in judicio. The parties were said 
" Lege agere : " the magistratus was said jus dicere 
or reddere. Accordingly " magistratus " and " qui 
Romae jus dicit " are equivalent. (Cic. ad Font. 
xiii. 14.) The functions included in Jurisdictio 
in this, its special sense, were the addictio in the 
legis actioncs, the giving of the formula in proceed- 
ings conducted according to the newer process, and 
the appointment of a judex. The appointing of a 
judex, "judicis datio," was for the purpose of in- 
quiring into the facts in dispute between the par- 
tics. The words of the formula are "Judex csto," 
&c. (Gaius. iv. 47) ; and the terms of the edict in 
which the praetor declares that he will give a judex, 
that is, will recognise a right of action, are '•Judi- 
cium dabo." (Cic. pro Flacc. 35.) Addictio be- 
longs to that part of jurisdictio by which the magis- 
tratus himself makes a decree or gives a judgment: 
thus in the case of the In Jure Ccssio, he is said 
" rem addicere." (Gaius, ii. 24.) Addicere is to 
adjudge a thing or the possession of a thing to one 
of the litigant parties. In the case of furtuni 
manifestum, inasmuch as the facts would be certain, 
there was an addictio. (Gaius, iv. 189.) 

Other uses of the word addictio are collected in 
Facciolati. 

It is with reference to the three termB, Do, Dice, 
Addico, that Varro (/)<■ Ling. Lat. vi. 30) remarks 
that the praetor must use one of these words ** cum 
lege quid peragitur." Accordingly, those days 
were called Nefasti on which no legal business 
could be dow, because the words of legal force 
could not be used. (Compare Ovid. Futt. i. 47 ; 
MocrobinSi Sabtrn. i . 16.) [G. L.] 

JUS. "All people,* 1 says Gaius (i. I), "who 
arc governed by Leges and Mores, use partly their 



656 



JUS. 



JUS. 



own law (jus), partly the law (jus) that is com- 
mon to 'all mankind ; for the law (jus) which a 
state establishes for itself is peculiar to such state, 
and is called Jus Civile, as the peculiar law (jus) 
of that state. But the law (jus) which natural 
reason (naturalis ratio) has established among all 
mankind is equally observed by all people, and is 
called Jus Gentium, as being that law (jus) which 
all nations follow. The Roman populus therefore 
follows partly its own peculiar law (suum proprium 
jus), partly the common law (commune jus) of all 
mankind." 

According to this view, all Law (jus) is distri- 
buted into two parts, Jus Gentium and Jus Civile, 
and the whole body of law peculiar to any state is 
its Jus Civile. (Cic. de Oral. i. 44.) The Roman 
law, therefore, which is peculiar to the Roman 
state, is its Jus Civile, sometimes called Jus Civile 
Romanonim, but more frequently designated by the 
term Jus Civile only, by which is meant the Jus 
Civile of the Romans. 

The Jus Gentium is here viewed by Gaius as 
springing out of the Naturalis Ratio common to all 
mankind, which is still more clearly expressed in an- 
other passage (i. 189) where he uses the expres- 
sion " omnium civitatium jus " as equivalent to 
the Jus Gentium, and as founded on the Naturalis 
Ratio. In other passages he founds the acquisi- 
tion of property, which was not regulated by Ro- 
man law, on the naturalis ratio and on the naturale 
jus indifferently, thus making naturalis ratio and 
naturale jus equivalent (ii. 65, 66, 69, 73, 79). 
He founds Cognatio on Naturalis Ratio, as being 
common to all mankind, and Agnatio on Civilis 
Ratio, as being purely a Roman institution (i. 158). 
In two passages in the Digest (1. tit. 8) he calls 
same thing Naturale Jus in s. 2, and Jus Gentium 
in s. 3, 5. (Compare Gaius, iii. 132.) The Natu- 
rale Jus and the Jus Gentium are therefore iden- 
tical. (Savigny, System, &c, vol. i. p. 113.) Cicero 
(de Off', iii. 5) opposes Natura to Leges, where he 
explains Natura by the term Jus Gentium, and 
makes Leges equivalent to Jus Civile. In the 
Partitiones (c. 37) he also divides Jus into Natura 
and Lex. 

There is a threefold division of Jus made by 
Ulpian and others, which is as follows : Jus Civile ; 
Jus Gentium, or that which is common to all man- 
kind ; and Jus Naturale which is common to man 
and beasts. The foundation of this division seems 
to have been a theory of the progress of mankind 
from what is commonly termed a state of nature, first 
to a state of society, and then to a condition of inde- 
pendent states. This division had, however, no 
practical application, and must be viewed merely 
as a curious theory. Absurd as it appears at first 
sight, this theory is capable of a reasonable expla- 
nation, and Savigny shows that it is not meant to 
say that beasts have law, but only the matter of 
law ; that is, some of those natural relations on 
which legal relations are founded, exist among 
beasts as well as men. Such natural relations are 
those by which the species is propagated. (See 
also Puchta's remarks, Instit. i. § 9, note a.) In 
the Institutes the two divisions are confounded 
(i. tit. 2. De Jure Naturali, Gentium et Civili) ; 
for the explanation of Jus Naturale is first taken 
from the threefold division of Ulpian, and then 
the Jus Gentium and Civile are explained accord- 
ing to the twofold division of Gaius already quoted, 
so that we have in the same section the Jus Na- 



turale explained in the sense of Ulpian, and the 
Jus Gentium explained in the sense of Gaius, as 
derived from the Naturalis Ratio. Further, in the 
second book (tit. 1. s. 11) the Jus Naturale is ex- 
plained to be the same as Jus Gentium, and the 
Jus Naturale is said to be coeval with the human 
race. Notwithstanding this confusion in the In- 
stitutes, there is no doubt that the two-fold divi- 
sion of Gaius was that which prevailed in Roman 
jurisprudence. (Savigny, System, &c. vol. i. p. 413.) 
This two-fold division appears clearly in Cicero, 
who says that the old Romans separated the Jus 
Civile from the Jus Gentium ; and he adds that 
the Jus Civile (of any state) is not therefore Jus 
Gentium, but that what is Jus Gentium ought to 
be Jus Civile (de Off. iii. 1 7). 

Those rules which regulated the declaration of 
war and the conduct of war are comprehended 
under the term Jus Feciale. Some modern writers 
give to the term a wider signification ; and others 
limit it more closely. Osenbrueggen (De Jure 
Belli et Pacis Romanorum, p. 20. Lips. 1836) 
defines the Jus Feciale to be that which pre- 
scribed the formulae, solemnities and ceremonial 
observed in the declaring, carrying on, and ter- 
minating a war, and in the matter of treaties. 
The Romans often used the expression Jus Gen- 
tium in a sense which nearly corresponds to the 
modern phrase Law of Nations, or, as some call it, 
International Law. (Livy, ii. 14, vi. 1, quod le- 
gates in Gallos, ad quos missus erat, contra jus 
gentium pugnasset ; xxxviii. 48 ; Sallust. Jug. 
22.) The term Jus Belli (Cic. de Leg. ii. 14) 
is used in the same sense. 

The origin of the opposition between Jus Gen- 
tium and Jus Civile was not a speculative notion, 
nor did it originate with the Jurists, though they 
gave it a theoretical form. The Jus Gentium in 
its origin was the general law of Peregrini, ac- 
cording to which the Romans determined the legal 
relations among Peregrini, a class of persons to 
whom the Jus Civile was not applicable. Con- 
sequently, the foundation of the Jus was foreign 
law, modified by the Romans according to their 
own notions, so as to be capable of general appli- 
cation. This is one side of the original Jus Gen- 
tium. The other is that Law which owed its 
origin to the more enlarged views of the nature 
of law among the Roman people, and was the 
development of the national character. The two 
notions, however, are closely connected, for the law 
of Peregrini was that which first presented the 
Romans with the notion of the Jus Gentium, and 
it was formed into a body of Law, independent 
of the Jus Civile, and not interfering with it. 
But the general Law of Peregrini also obtained 
among the Romans, as Law, and not considered 
merely with reference to their intercourse with 
Peregrini. " The Law of Peregrini and Roman 
Law, disencumbered of all peculiarity of indi- 
vidual nations, are the two sides of the same no- 
tion, which the Romans express by the term Jus 
Gentium." (Puchta, Instit. i. § 84). The Jus 
Gentium was chiefly introduced by the Edictum, — 
as the Law of Peregrini by the Edict of the Prae- 
tor Peregrinus and the Edicta Provincialia, and as 
Law for the Romans by the Edictum of the Prae- 
tor Urbanus. 

The Jus Civile of the Romans is divisible into 
two parts, Jus Civile in the narrower sense, and 
Jus Pontificium or Sacrum, or the law of religion. 



JUS. 

This opposition is sometimes expressed by the 
words Jus and Fas (Fas et jura sinunt, Virg. 
Georg. i. 269) ; and the law of things not pertain- 
ing to religion and of things pertaining to it, are 
also respectively opposed to one another by the 
terms Res Juris Humani et Divini. (Instit 2. 
tit 1.) [Dominium.] Thus the Pontifices Max- 
imi, P. Crassus, and T. Coruncanius, are said to 
hare given Responsa de omnibus divinis et hu- 
manis rebus. (Cic. de Oral. iii. 33.) 

The Law of Religion, or the Ju3 Pontificium, 
was under the control of the Pontifices, who in fact 
originally had the control of the whole mass of the 
law, and it was only after the separation of the Jus 
Civile in its wider sense into the two parts of the 
Jus Civile, in its narrower sense, and the Jus Ponti- 
ficium, that each part had its proper and peculiar 
limits. But after this separation was fully made 
the Auctoritas Pontificum had the same operation 
and effect with respect to the Law of Religion that 
the Auctoritas Prudontium had on the Jus Civile. 
(Cic. de Leg. ii. 19, 20.) Still even after the sepa- 
ration there was a mutual relation between these 
two branches of law ; for instance, an Adrogatio 
was not valid by the Jus Civile unless it was 
valid by the Jus Pontificium. (Cic. de Oral. iii. 
33, Unit. 42 ; Adoptio.) Again, Jus Pontifi- 
cium, in its wider sense, as the law of religion, had 
its subdivisions, as into Jus Augurum, Pontificum, 
&c. (Cic. de Seneci. 11.) 

" Law," says Gaius (L 2), meaning the Roman 
civil law (jura), * is composed of leges, plebiscita, 
scnatus-consulta, constitutiones Principum, the 
Edicta of those who have the Jus Edicendi, and 
the Responsa Prudenlium." This is a division of 
law merely according to its formal origin. The 
divisions enumerated by Cicero (Top. 5) are " leges 
(which include plebiscita), senatus-cnnsulta, res 
judicatae, jurisperitorum auctoritas, edicta inagis- 
tratuum, mos, acquitas." A consideration of the 
different epochs at which these writers lived, will 
account for part of the discrepancy ; but the addi- 
tion of Mos in Cicero's enumeration is important. 

Jus Civile is opposed to the Jus Praetorium or 
Honorarium [Edictum] ; and the opposition 
consists in the opposition of the means or form by 
which the two severally obtained an existence ; 
whereas the opposition of Jus Civile and Gentium 
ii founded on the internal character of the two 
kinds, and the extent of their application. 

Lex and Mos are sometimes opposed to one an- 
other, as parts component of the Jus Civile, but 
dilbrenl in that origin. Horace (Conn. IT. 5) 
speaks of " Mos et Lex : " Juvenal (viii. 50) opposes 
" Juris nodos et legum aeniginata : " Jus Civile 
is opposed to Leges (Cic. de Oral. i. 43), to Lex 
(de OJf. iii. 17), and to Senatus-consultum (Gaius, 
ii. 197). As then opposed to Leges, Jus Civile 
appears to be equivalent to Mos. In fact the op- 
position between Lex anil Mos follows the analogy 
of that between jus scriptum and nun scripturn. 
*" \V lien there are no scriptae leges we must follow 
that which has been introduced by mores and con- 
suetude. — Immemorial (iateterata) consuetiiilo is 
properly observed as a lex (/<ro Irgv), and this is 
the jus which is said to be ' moribus constitutum.' " 
(Julian, Dig. I. tit. 3. s. 32.) Thus immemorial 
usage was the foundation of the " jus Moribus 
constitutum." (Sec the article Infamia as to the 
origin of Infamia.) The ultimate origin of custom 
is the common consciousness of the |>coplc among 



JUS. 657 
whom it exists : the evidence of it is usage, re- 
peated and continued use : it is law when recog- 
nized by a competent authority. There is a pas- 
sage of Ulpian (Dig. 1. tit. 3. s. 34) in which he 
distinctly speaks of confirming a consuetudo in a 
judicium, which can have no other meaning than 
that its force as law depended on a decision in a 
judicium. And the meaning is clear, whether we 
read contradicto or contradicts in the passage just 
referred to. 

The Roman writers indeed frequently refer to a 
large part of their law as founded on Mores or on 
the Mos Majorum and not on Leges. (Quintil. Instil. 
Orat. v. 10.) Thus Ulpian (Dig. 1. tit 6. s. 8) 
says that the Jus Patriae Potestatis is moribus 
receptum. But mos contained matters relating to 
religion a3 well as to the ordinary affairs of life ; 
and therefore we may also view Mos and Lex, when 
opposed, as component parts of the Jus Civile in 
its wider sense, but not as making tip the whole of 
it Mores in the sense of immorality, that which 
positive morality disapproves of, must not be con- 
founded with jus founded on mores : the former is 
mali mores in respect of which there was often a 
jus moribus constitutum. Thus in the matter of 
the dos there was a retentio in respect of the mores 
graviores or majores, which was adultery. (Ulp. 
Frag, tit 6.) 

The terms Jus Scriptum and Non Scriptum, as ex- 
plained in the Institutes (i. tit 2), comprehended 
the whole of the Jus Civile ; for it was all 
either Scriptum or Xon Scriptum, whatever other 
divisions there might be. (Ulp. Dig. 1. tit. 1. s. (i.) 
Jus Scriptum comprehended every thing except that 
'•quod usus approbavit." This division of Jus 
Scriptum and Non Scriptum does not appear 
in Gaius. It was borrowed from the Greek writers, 
and seems to have little or no practical application 
among the Romans. The sense in which Written 
and Unwritten law has been used by English writers 
is hardly the same as the Roman sense. Hale 
says ( Hist, of the (Jommou Law, p. 2), " Those laws 
that I call Vges scriptae (he should have used the 
expression jus srrijitum, though Cicero uses the 
expression Lex Scripta) are such as are originally 
reduced into writing before they are enacted." 
Hale applies his definition only to statutes or acts of 
parliament ; but it is equally applicable to any rules 
which are promulgated in writing and have the 
force of law or of a law, by virtue of authority 
delegated to those who make such rules. 

Jus was also divided into Publicum and Priva- 
tum by the Roman jurists. (Dig. 1. tit 1. s. 1.) 
Publicum Jus is defined to be that which relates 
to the Status Rei Romanae, or to the Romans as a 
State ; Privatum Jus is defined to be that which 
relates "ad singulorum utilitatem." The Publi- 
cum Jus is further said by Ulpian (Dig. 1. tit 1. s. 1) 
" in gacris, in sacerdotibus, in inagistmtibiis con- 
sistere." According to this view, it comprehends 
the Law of Religion and all the rest of the Jus 
Civile, which is not Privatum : and the matter 
which is comprehended in Jus Privatum is that 
which is contained in the Institutes of Gaius and 
Justinian. The elementary treatise of Gaius does 
nut mention this division, and it is limited to the 
Jul Privatum. Justinian, in his Institutes, after 
making this division of Jus into Publicum and 
Privatum, says, " we must therefore treat of Jus 
Privatum," from which it appears that he did not 
contcmplutc treating of Jus Publicum, though the 
V V 



658 



JUS. 



JUS. 



last title of the fourth book is De Judiciis Pub- 
licis. The Roman term Jus Publicum also com- 
prehended Criminal Law and Criminal Procedure, 
and Procedure in Civil Actions. It is said by Papi- 
nian (Dig. 28. tit. 1. s. 3) that the Testamenti- 
i'actio belonged to Publicum Jus. Now the Testa- 
mentifactio was included in Commercium, and 
only Roman citizens and Latini had Commer- 
cium. This is an instance of the application of 
the term Publicum Jus. All Jus is in a sense 
Publicum, and all Jus is in a sense Privatum ; 
but the Roman Publicum Jus directly concerned 
the constitution of the state and the functions of 
government and administration ; the Privatum 
Jus directly concerned the interests of individuals. 
The opposition between these two things is clear, 
and as well marked as the nature of such things 
will allow. If the terms be found fault with, the 
meaning of the terms admits of a defence. 

The expression Populus Romanus Quirites has 
given rise to much discussion. Becker (Handb. der 
Romischen Alterthumer, vol. ii. p. 24) concludes 
that Romani and Quirites are so far opposed that 
Romani is the historical and political name viewed 
with respect to foreign states, and Quirites the 
political name as viewed with reference to Rome. 
Accordingly Quirites is equivalent to Cives. 
(Sueton. Caes. 70 ; Plut. Cues. 51 ; Liv. xlv. 
37.) It does not seem easy to explain the dif- 
ference between Civitas Romana and the Jus 
Quiritium, yet so much seems clear that Civitas 
Romana was a term large enough to comprehend 
all who were Cives in any sense. But the Jus 
Quiritium in its later sense seems to be the pure 
Privatum Jus as opposed to the Publicum Jus, and 
thus it differs from Jus Civile viewed as the whole 
Roman law, or as opposed to the law of other 
people. He who claimed a thing exclusively as his 
own claimed it to be his ex Jure Quiritium. (Gaius, 
ii. 40. &c.) Accordingly we find the expressions 
Dominus and Dominium Ex Jure Quiritium, as 
contrasted with In bonis [Dominium]. Such 
part of the Roman law, in its widest sense, as 
related to buying, selling, letting, hiring, and such 
obligations as were not founded on the Jus Civile, 
were considered to belong to the Jus Gentium (Dig. 
1. tit. 1. s. 5), that is, the Jus Naturale. (Gaius, 
ii. 65.) Accordingly when ownership could be 
acquired by tradition, occupation, or in any other 
way, not specially provided for by the Jus Civile, 
such ownership was acquired by the Jus Gentium. 
When the Jus Civile prescribed certain forms by 
which ownership was to be transferred, and such 
forms were not observed, there was no ownership 
Jure Civili or Jure Quiritium, but there was that 
interest which was called In bonis. It is not said 
by Gaius (ii. 40, &c.) that the In bonis arose by 
virtue of the Jus Gentium, and it may perhaps be 
concluded that he did not so view it ; for in another 
passage (ii. 65), he speaks of alienation or change 
of ownership being effected either by the Jus 
Naturale, as in the case of tradition, or by the Jus 
Civile, as in the case of mancipatio, in jure cessio, 
and usucapion. In this passage he is speaking of 
alienation, which is completely effected by tra- 
dition, so that there is a legal change of ownership 
recognized by Roman law ; not by Roman law, 
specially as such, but by Roman law as adopting 
or derived from the Jus Gentium. In the other 
case (ii. 40) there is no ownership either as re- 
cognized by Roman law as such, or by Roman law 



as adopting the Jus Gentium : the In bonis is 
merely recognized by the Praetorian Law, to which 
division it therefore belongs. So far as the equity 
of the praetor may be said to be based on the Jus 
Gentium, so far may the In bonis be said to be 
founded on it also. Properly speaking, the Jus 
Gentium was only received as Roman law, when 
it did not contradict the Jus Civile ; that is, it 
could only have its full effect as the Jus Gentium 
when it was not contradicted or limited by the 
Jus Civile. When it was so contradicted or 
limited, the praetor could only give it a partial 
effect, but in so doing, it is obvious that he was 
endeavouring to nullify the Jus Civile and so to 
make the Jus Gentium as extensive in its opera- 
tion, as it would have been but for the limitation 
of the Jus Civile. The bounds that were placed 
to this power of the praetor were not very definite. 
Still he generally fashioned his Jus Praetorium 
after the analogy of the Jus Civile, and though he 
made it of no effect as against his Jus Praetorium, 
he maintained its form and left it to its full ope- 
ration, except so far as he necessarily limited its 
operation by his own Jus Praetorium. 

Jus used absolutely is defined to be " ars boni 
et aequi" (Dig. 1. tit. 1. s. 1), which is an absurd 
definition. What it really is, may be collected 
from the above enumeration of its parts or divi- 
sions. Its general signification is Law, and in this 
sense it is opposed to Lex or a Law. Lex, how- 
ever, as already shown, is sometimes used generally 
for Law, as in the instance from Cicero where it is 
opposed to Natura. Lex therefore in this general 
sense comprehends leges and all the other parts of 
the Jus Civile. In its special sense of a Law, it 
is included in Jus. Jus is also used in the plural 
number {jura) apparently in the sense of the 
component parts of Jus, as in Gaius (i. 2), where 
he says " Constant autem jura ex legibus," &c. ; 
and in another passage (i. 1 58), where he says with 
reference to the Agnationis Jus or Law of Agnatio, 
and the Cognationis Jus or Law of Cognatio, " civilis 
ratio civilia quidem jura corrumpere potest." In- 
deed in this passage Agnationis Jus and Cognationis 
Jus are two of the Jura or parts of Jus, which 
with other Jura make up the whole of Jus. Again 
(Gaius, ii. 62), that provision of the Lex Julia de 
Adulteriis, which forbade the alienation of the 
Fundus Dotalis, is referred to thus — " quod quidem 
jus," " which rule of law" or " which law" — it 
being a law comprehended in another law, which 
contained this and many other provisions. Thus 
though Lex in its strict sense of a Law is different 
from Jus in its large sense, and though Jus, in its 
narrower sense, is perhaps never used for a Lex, 
still Jus, in this its narrower sense, is used to ex- 
press a rule of law. Thus Gaius (i. 47) speaks of 
the jura or legal provisions comprised in the Lex 
AeliaSentia ; and of jura as based on the Responsa 
Prudentium (" responsa prudentium sunt sententiae 
et opiniones eorum quibus permissum est jura con- 
dere," Gaius, i. 7 ; Jurisconsulti). 

Jus has also the meaning of a faculty or legal 
right. Thus Gaius says, " it is an actio in rem, 
when we claim a corporeal thing as our own, or 
claim some jus as our own, such as a jus utendi, 
eundi, agendi." The parental power is called a 
" Jus proprium civium Romanorum." The mean- 
ing of law generally, and of a legal right, are ap- 
plied to Jus by Cicero in the same sentence : " I, 
a man ignorant of law (imperitus juris), seek to 



JUS AELIAXUM. 



JUSJURANDUM. 



659 



maintain my right (meum jus) by the Interdict." 
( Pro Caecina, ell.) As the several rules of law 
which are often comprised in one lex, or which 
make up the whole body of Jus (Law), may be 
called jura with reference to their object, so the 
various legal rights which are severally called jus 
with reference to gome particular subject, may be 
collectively called jura. Thus we find the phrase 
Jura Parentis to express all the rights that flow 
from the fact of legal paternity. 

The phrase Jura Praediorum, which is used by 
the Roman Jurists, is somewhat peculiar, and open 
to objection. [Servitus.] 

The potestas which a Roman father had over his 
children and a husband over his wife in manu, being 
a jus or legal right, there hence arose the distinc- 
tion of persons into those who are sui and those 
who are alieni juris. All the rights of such persons 
severally are represented by the phrase " Jus Per- 
sonarum," or that division of the whole matter of 
Jus which treats of the condition of persons as 
members of a Familia. [Fa.milia.] 

This leads to the mention of another division of 
the matter of law which appears among the Roman 
Jurists, namely, the Law of Persons ; the Law of 
Things, which is expressed by the phrase " jus 
quod ad res peninet and the Law of Actions, 
"jus quod ad actiones pertinct." (Gaius, i. 8.) 
In his first book Oaius treats of the Law of Per- 
sons, in the sense explained in the article Insti- 
tutions*, in the fourth he treats of the Law of 
Actions ; and accordingly the second and third 
contain the Law of Things, to express which he 
does not use a phraseology analogous to that of 
Jus Pcrsonarum ;" but he says he will treat De 
Rebus. [Institutiones.] 

The adjective Justum often occurs in the Latin 
writers, in the sense of that which is consistent 
with Jus or Law, or is not contrary to law. Thus 
it is a justum (legal) matrimonium, if there is con- 
mibium between the two parties to the marriage. 
The word Justum has many varieties of meaning, 
which may generally be derived, without much 
difficulty, from the meanings of Jus : as justa 
servitus, justum concilium, justum iter, justus ex- 
ercitus, justa causa. 

Jus is opposed to Judicium, and a thing was said 
to be done in jure or in judicio, according as it was 
done before the magistratus or before a judex. 
[Judicium.] Thus all matters of legal question 
were said to be done " nut ad populum, aut in jure, 
nut ad judicem." (Plaut. Menaech. iv. 2. 18.) 
Jus, in the sense of the place " in quo jus red- 
ditur" (Dig. 1. tit. 1. s. 11), is only an application 
of the name of what is done to the place in which 
it is done. The expression Jus Diccre is explained 
under Jurisdictio. 

The foregoing explanation of Jus may not be 
entirely free from error, nor would it be easy to 
make it so, as will appear from comparing the 
views of various modern writers. [O. L.] 

Jt.'S AEDILITIUM. [Aki.ii.es; Edictcm.] 

JI'S AKLI.VNI'M wan a compilation by 
Sextus Aelius Partus, sumamrd Cntus, who was 
consul n. c. 198 (Liv. xxxii. 7), and who is called 
by his contemporary Ennius, u cgrcgic cordatus 
homo." lie is also frequently mentioned with 
praise by Cicero (tin Hrp. i. 18, <U Or. i. 45, 
iii. 33). The Jus Aelianum, also called Tripartita, 
Contained the I,nw of the Twelve Tables, an in- 
terpretntio, and the Legis Actiones. This work 



existed in the time of Pomponius. (Dig. I. tit. 2. 
s. 2. § 38.) Cicero also speaks of some commen- 
tarii by Aelius. (De Orat. i. 56, Top. 2.) [G. L.] 
JUS ANNULORUM. [Annulus.] 
JUS APPLICATIONS. [Exsilium, p. 
516, b.] 
JUS CIVI'LE. [Jus.] 
JUS CIVI'LE FLAVIA'NUM. Appius 
Claudius Caecus, who was censor B. c. 312, is 
said to have drawn up a book of Actiones or forms 
of procedure, which his clerk Cn. Klavius made 
public. (Cic. de Or. i. 41.) According to one 
story (Dig. 1. tit. 2. s. 7) Flavius surreptitiously 
obtained possession of the book of Appius, and 
was rewarded by the people for his services by 
being made Tribunus Plebis and Curule Aedile. 
The effect of this publication was to extend the 
knowledge and the practice of the law to the ple- 
beians, and to separate the Jus Civile from the 
Jus Pontificium. (Liv. ix. 45 ; Gellius, vi. 9 ; 
Cic. pro Murena, 1 1.) [G. L.] 

JUS CIVILE PAPIRIA'NUM or PA- 
PISIA'NUM was a compilation of the Leges 
Regiae or laws passed in the kingly period of 
Rome. They are mentioned by Livy (vi. 1). This 
compilation was commented on by Granius Flaccus 
in the time of Julius Caesar (Dig. 50. tit. 16. s. 
144), to which circumstance we probably owe the 
preservation of existing fragments of the Leges 
Regiae. There is great doubt as to the exact 
character of this compilation of Papirius, and as to 
the time when it wa3 made. Even the name of 
the compiler is not quite certain, as he is variously 
called Caius, Sextus, and Publius. The best no- 
tice of the fragments of the Leges Regiae is by 
Dirksen, in his ** Versuchcn zur Kritik und aus- 
legung der Quellen des Romischen Rechts." See 
alsoZiramern, (Jesch.ilcs Horn. Privalreclils. [G. L.] 
JUS CIVITA'TIS. [Civitas, p.291,b.] 
JUS COMME'RCII. [Civitas, p. 291, b.] 
JUS CONNU'BII. [Civitas, p. 291, b; 
Matrimonium.] 
JUS EDICENDI. [Edictum.] 
JUS GENTILI'TIUM. IGens.] 
JUS GE'NTIUM. [Jus.] 
JI'S HONORA'RIUM. [Edictum.] 
JI'S HONO R UM. [Civitas, p. 291, b.] 
JUS IMA'GINUM. [Noiiii.es.] 
JUS ITA'LICUM. [Colonia.] 
JUS LA'TII. [Civitas; Latinitas.] 
JUS LIBERO'RUM. [Lex Julia et Pa- 
riA PorPAEA.] 
.ICS NAT I'll A EE. [Jus.] 
JUS PONTIFI'CIUM. [Jus.] 
.11 S POSTUMI'NII. [Postliminium] 
JUS PR A EDI. ATO' HI I'M. [Praes.] 
JUS PU'BLICUM, PRIVATUM. [Jus.] 
.H S oriKI I'll M. [Civitas ; Jus.] 
JI'S RKLATIO'NIS. [Sf.nai is. | 
JUS RKSPONDENDI. | Juris, onsii.ti.] 
.II S SCIUPTUM. [Jus.] 
.IIS SIIFFRA'GI F. [Civitas, p. 291, b.] 
.u s VOCA/TIO, IN. [Aono.] 

.JUSJURANDUM (8/woi), nn oath. 1. 
Greek. An oath is an appeal to some superior 
being, calling on him to bear witness that the 
swenrer speaks the truth, or intends to perform 
the promise which he makes. Hence the expres- 
sions tVrreu Ztiis, dibv naprvpopai, and others of 
the same import, so frequently used in the taking 
of oaths. (Soph. Trmh. 889, Antiy. 181 j St. 
V U 2 



660 JUSJURANDUM. 



JUSJURANDUM. 



.Paul, Galat. i. 20.) It is obvious that such an 
appeal implies a belief, not only in the existence 
of the being so called upon, but also in his power 
and inclination to punish the false swearer ; and 
.the force of an oath is founded on this belief. 
Hence an oath is called Sitwv bpicos. (Horn. Hym. 
ad Merc. 272. 515 ; Pind. 01, vii. 119.) Zeis 
bpKiOS (Soph. Pldloct. 1324) is the god who has 
regard to oaths, and punishes their violation. 7.r)v 
tX av eiriip-OTov (Soph. Track, 1190) means (ac- 
cording to Suidas) opKov iyyvqTr}v. 

We find early mention in the Greek writers of 
oaths being taken on solemn and important oc- 
casions, as treaties, alliances, vows, compacts, and 
agreements, both between nations and individuals. 
Thus, when the .Greeks and Trojans agree to de- 
cide the fate of .the war by a single combat be- 
tween Menelaus and Paris, they ratify their agree- 
ment by an oath. (//. iii. 276.) The alliance 
between Croesus and the Lacedaemonians is con- 
firmed by oath. (Herod, i. 69.) So is the treaty 
between the Medes and Lydians, whose rites in 
swearing (as Herodotus tells us, i. 74) were the 
same as those of the Greeks, with this addition, 
that they made an incision in their arms and tasted 
each other's blood. We may further notice the 
treaty of peace between the Athenians and Pelo- 
ponnesians, upon which every state was to swear 
i-iri-)rd>piQV opKov -rbv pieyiarov (Thucyd. v. 47), 
the vow of the Ionian women (Herod. L 146), that 
of the Phocaeans (Id. 165), and the promise of 
Circe to Ulysses (Od. x. 345). The reliance placed 
in an oath is specially shown in the dialogue be- 
tween Aegeus and Medea in Eurip. Med. 736 — 
760 ; and the speech of Athena in Eurip. Suppl. 
1196. For other examples we refer the reader to 
Soph. Oed. Tyr. 647, Oed. Col. 1637, Trachin. 
1183 ; Herod, vi. 74 ; Horn. 11. ix. 132. 

That the Greeks (as a nation) were deeply im- 
bued with religious feeling, and paid high regard 
to the sanctity of oaths, may be gathered from the 
whole tenor of their early history, and especially 
from the writings of the poets, Homer, Aeschylus, 
and Pindar. (See Thirlwall, Hist, of Greece, vol. i. 
c. vi. § 3.) They prided themselves on being su- 
perior in this respect to the barbarians. ( Aelian. 
xiv. 2.) The treacherous equivocation practised 
by the Persians at the siege of Barca (Herod, iv. 
201) would have been repugnant to the feelings of 
a people, whose greatest hero declared that he 
hated like hell one 

"Os x CTtpoy p-tv KevOri iv] (ppea]v, a\Ko Se /3d(r}. 

II. ix. 313. ' 

The poets frequently allude to the punishment 
of perjury after death, which they assign to the 
infernal gods or furies (Rom. II. iv. 157, xix. 260; 
Pind. Olymp. ii. 118; Aristoph. Ran. 27 '4), and 
we find many proofs of a persuasion that perjurers 
would not prosper in this world. (Horn. II. iv. 
67, 270, vii. 351 • Hesiod. Op. et Dies, 28.0 ; 
Thuc. vii. 18.) One of the most striking is the 
story told by Leutychides to the Athenians, of 
Glaucus the Spartan, who consulted the Pythian 
oracle whether he should restore a deposit, or deny 
on oath that he had ever received it ; and who, for 
merely deliberating upon such a question, was cut 
off with his whole family. (Herod, vi. 86; Pausan. 
ii. 18, viii. 7 ; Juv. Sat. xiii. 202.) 

Anciently the person who took an oath stood 
up, and lifted his hands to heaven, as he would in 



prayer ; for an oath was a species of prayer, and 
required the same sort of ceremony. (Horn. 11. 
xix. 175, 254 ; Pind. Ol. vii. 119.) Oaths were 
frequently accompanied with sacrifice or libation. 
(Horn. II. iv. 158 ; Aristoph. Acharn. 148, Vesp, 
1 048.) Both sacrifice and libation are used in the 
compact of the Greeks and Trojans in II. iii. 276. 
The victims on such occasions were not eaten ; but, 
if sacrificed by the people of the country, were 
buried in the ground ; if by strangers, were thrown 
into the sea or river. (II. iii. 310, xix. 267.) 

The parties used also to lay their hands upon 
the victims, or on the altar or some other sacred 
thing, as if by so doing they brought before them 
the deity by whom the oath was sworn, and made 
him witness of the ceremony. Hence the expres- 
sions irpbs TOV fiuphv i^opKL^eiv, 6/j.vvvai Kaff 
iepwv. (See Reiske, Index ad Dem. s. v. 'O/xvvvai : 
Harpocr. s. v. hl6os • Thuc. v. 47 ; Goeller, ad loc. ; 
Juv. Sat. xiv. 219 ; Ovid. Epist. Dido ad Aen. 
129,) In Homer (II. xiv. 270), Juno, making a 
solemn promise to Sleep, takes the Earth in one 
hand and Heaven in the other, and swears by 
Styx and the subterranean gods. To touch the 
head, hand, or other part of the body, of the per- 
son to whom the promise was made, was a common 
custom. The hand especially was regarded as a 
pledge of fidelity, and the allusions to the junction 
of hands in making contracts and agreements 
abound in the ancient writers. (Eurip. Medea, 
496 ; Soph. Pldloct. 812, Track. 1183 ; Ovid. Ep. 
Pkyllisad Demopk. 21, Briseis ad Ack. 107; Horn. 
Hym. ad Ven. 26.) Other superstitious rites were 
often superadded, to give greater solemnity to the 
ceremony (Aesch. Sept. c. Theb.42 ; Soph. Antig. 
264 ; Demosth. c. Con. 1269), which appear to be 
ridiculed by Aristophanes (Lysist. 188). 

The different nations of Greece swore by their 
own peculiar gods and heroes ; as the The bans by 
Hercules, Iolaus, &c, the Lacedaemonians by 
Castor and Pollux, the Corinthians by Poseidon 
(Aristoph. Acharn. 774, 860, 867, Equites, 609, 
Lysist. 81, 148) ; the Athenians swore principally 
by Zeus, Athena, Apollo (their Trarpaos 3eos), 
Demeter, and Dionysus. 

The office or character of the party, or the 
place, or the occasion often suggested the oath to 
be taken. Thus, Iphigeneia the priestess swears 
by Artemis . in Eurip. Iph. in Tuuris. Menelaus 
bids Antilochus swear by Poseidon (the equestrian 
god), the subject being on horses. (II. xxiii. 585.) 
So Philippides, in Arist. Nub. 83, is made ridi- 
culously to swear vr) rbv UocreiSa rbv 'Iwiriov. 
Achilles swears by his sceptre (II. i. 234), Tele- 
machus by the sorrows of his father (Od. xx. 339). 
Hence the propriety of the famous oath in Demo- 
sthenes, by the warriors who fought at Marathon, 
&c. Here we may observe, that as swearing be- 
came a common practice with men upon trivial 
occasions, and in ordinary conversation, they used 
to take oaths by any god, person, or thing, as their 
peculiar habits or predilections, or the fancy of the 
moment, dictated. Pytliagoras on this account 
swore by the number Four. (Lucian, Pytkag. 4 ; 
Plut. de Plac. Phil. i. 3. 1 61 6.) Socrates used to 
swear v^ -rbv Kvva, in which he was absurdly im- 
itated by others. (Athen. ix. p. 370.) Aristo- 
phanes, so keenly alive to all the foibles of his 
countrymen, takes notice of this custom, and turns 
it into ridicule. Hence he makes the sausage- 
dealer swear y% rbv "Epp.?iv rbv ayopatov (Equit. 



JUSJURANDUM. 
297), Socrates ixa T > ni>'Ai'aTTvorii>, &c. (Nub. 627.) 
(See further Vesp. 83, Aves, 54, 161 1, Ran. 336, 
1J69.) 

Women also had their favourite oaths. As the 
men preferred swearing by Hercules, Apollo, &c, 
so the other sex used to swear by Aphrodite, De- 
meter, and Persephone, Hem, Hecate, Artemis ; 
and Athenian women by Aglauros, Pandrosus, &c. 
(Lucian, Dial. Meretr. 7 ; Xen. Manor, i. 5. § .5; 
Aristoph. Lysist. 81, l4f), 208, 439, Eccles. 70, 
rhesm. 286, 383, 533 ; Thcocr. Idyll. XT. 14.) 

The security which an oath was supposed to 
confer induced the Greeks, as it has people of mo- 
dern times, to impose it as an obligation upon per- 
sons invested with authority, or intrusted with the 
discharge of responsible duties. (Plato, de Ley. xii. 
p. 948.) The Athenians, with whom the science 
of legislation was carried to the greatest perfection, 
were, of all the Greek states, the most punctilious 
in this respect. The youth, entering upon his 20th 
year, was not permitted to assume the privileges of 
a citizen, or to be registered in the K-n^tapx'Kw 
fpa^artiov, without taking a solemn oath in the 
temple of Aglauros to obey the laws and defend 
his country. (The form of his oath is preserved in 
Pollux, viii. 105.) The archon, the judge, and the 
arbitrator, were required to bind themselves by an 
oath to perform their respective duties. (See Pol- 
lux, I.e. ; Hudtwalcker, iiberdie Dial. p. 10 ; and 
Dicastes.) As to the oath taken by the Senate 
of Five Hundred, sec Dcmosth. c. Timoe. 745. 
As to the oath of the witness, and the voluntary 
oath of parties to an action, see Martvkia. The 
importance, at least apparently, attached to oaths 
in courts of justice, is proved by various passages 
in the orators. (Andoc. de Mysi. 5 ; Lycurg. c. 
J^eocr. 157. cd. Stcph. ; Antiph. dc m. Ilerod. 139, 
140. ed Stcph. ; Demosth. c. Aphot,. 860.) Demos- 
thenes constantly reminds his judges that they are 
on their oaths, and Lycurgus (/. c.) declares that 
to avvix " T V y oi)noKparia» opnos tariv. 

The experience of all nations has proved the 
dangerous tendency of making oaths too common. 
The history of Athens and of Greece in general 
furnishes no exception to the observation. While 
in the popular belief and in common parlance oaths 
continued to be highly esteemed, they had ceased 
to be of much real wealth or value. It is impos- 
sible to read the plays of Aristophanes, the orators, 
and other writers of that period, without seeing 
that perjury had become a practice of ordinary 
occurrence. The poet who wrote that verse which 
incurred the censure of the comedian, i; yKwirir'' 
ifiw/iox', V 8* <Pphv OLViifioros (Bar. Hippol. 612; 
Aristoph. Thtsm. 275), was not the only person 
who would thus refine. The bold profligacy dc- 
■crfbed by Aristophanes (Null. 1232 — 1241, 
Ei/uit. 298) was too often realized in action. To 
trace the degeneracy of the Greek character be- 
longs not to this place. Wc conclude by reminding 
our readers that in a later age the Greeks became 
a by-word among the Romans for lying and bad 
faith. (Cic. /rro Etacco, 4 ; Jnv. .V//. iii. 60, &c.) 

A few expressions deserve notice. Nil is used 
by Attic writers in affirmative oaths, ui in nega- 
tive. The old form of affirmation, still preserved 
by the other Greeks, nnd used by Xenophon, was 
fal^a. (Xen. Mem. ii. 7. 8 14,". I/h,1. Soer. 20.) 
NJ) h nothing more than another form of pal, un-d 
with an accusative cue, ;ia being omitted, as it 
often is in negative oaths. (Soph. (Jed, 7'yr. 660. 



JUSJURANDUM. 661 
1008, Elcet. 758, 1063.) N?;, however, is never 
used by the tragedians, who always employ a para- 
phrase in affirmative oaths, such as btbv paprvpecr- 
dat. 'ETrofj.vvi/ai is used affirmatively, a-nopvi/vai 
negatively, according to Eustathius. (Horn. Od. 
ii. 377.) Ai6pvvaBai is to swear strongly, to 
protest. (Soph. Track. 378.) "Opxiov, though 
often used synonymously with 6'picor, signifies 
more strictly a compact ratified by oath ; bptcia 
rapvav is to make a compact with oaths and 
sacrifice ; and through the frequent practice of 
sacrificing on such occasions, it came that opxwv 
was sometimes used for the victim itself. (Horn. 
II. iii. 245.) In the phrase b)xvvvai Kaff lepiiiv, the 
original meaning of Kara was, that the party laid 
His hand upon the victims ; but the same phrase 
is used metaphorically in other cases, where there 
could be no such ceremony. Thus Kara xiAiW 
tvxw iroriiaaoBat X'^P^" (Arist. Equit. 660) is 
to make a vow to offer a thousand kids ; as though 
die party voicing layed his hands upon the kids at 
the time, us a kind of stake. The same observation 
applies to bpvivtu kwt' t|a>A€i'as. (Comp. La- 
saulz, L'tber den Eid lei den Cricchcn, Wurzburg, 
1844.) 

2. Roman. The subject of Roman oaths may 
be treated under four different heads, viz.: — 1. 
Oaths taken by magistrates and other persons who 
entered the service of the repnblic. 2. Oaths 
taken in transactions with foreign nations in the 
name of the republic. 3. Oaths, or various modes 
of swearing in common life. 4. Oaths taken be- 
fore the praetor or in courts of justice. 

I. Oaths taken by magistrates and other persons 
who entered the service of the rejmblic. — After the 
establishment of the republic the consuls, and sub- 
sequently all the other magistrates, were obliged, 
within five days after their appointment, to pro- 
mise on oath that they would protect and observe 
the laws of the republic (/« leges jurare, Liv. xxxi. 
50 ; compare Dionys. v. 1.). Vestal virgins and 
the ffamen dialis were not allowed to swear 
on any occasion (Liv. /. c. ; Vest. s. v. Jurare ; 
Pint. Qunest. Horn. p. 275). but whether they also 
entered upon their sacred offices without taking an 
oath analogous to that of magistrates is unknown. 
When a flamcn dialis was elected to a magistracy, 
he might either petition for an especial dispensa- 
tion (ut legOnu soltcrctur), or he might depute 
some one to take the oath for him. Hut this could 
not be done unless the permission was granted by 
the people. The first Roman consuls seem only 
to have sworn that they would not restore the 
kingly government, nor allow any one else to do 
so (Liv. ii. 1 ; Dionys. /. r.), and this may have 
been the case till all fears of such a restoration 
having vanished, the oath was changed into a 
jusjurnndiim in leges. The consular oath was 
occasionally taken under the empire. (Pliu. 
I'anry. 64.) 

During the Inter period of the republic wc also 
find that magistrates, when the time of their offico 
had expired, addressed the people nnd swore that 
during their office they hod Undertaken nothing 
against the republic, but had done their utmost to 
promote its welfare. (Cic. ud Earn. v. 2. S 7, pro 
Sulla, I I, in I'imn. 3, pro /Join. 35; Dion Cass, 
xxxvii. p.52, xxxviii. p. 72, I iii. p. 568, ed. Steph.; 
Liv. xxix. 37.) In some cases a tribune of the 
people might compel the whole senate to promise 
on oath that tiny would observe a plcbiscitum, 
v v 3 



662 



JUSJURANDUM. 



JUSJURANDUM. 



and allow it to be carried into effect, as was the 
case with the lex agraria of Saturninus. The 
censor Q. Metellus, who refused to swear, was sent 
into exile. (Appian, B. C. i. 29 ; Cic. pro Sext. 47; 
Plut. Mar. 29.) During the time of the empire 
all magistrates on entering their office were obliged 
to pledge themselves by an oath that they would 
observe the acta Caesarum ( iurare in acta Cae- 
sarian, Suet. Tiber. 67 ; Tacit. Annal. i. 72, xiii. 
26, xvi. 22 ; Dion Cass, xlvii. p. 384, &c), and 
the senators had to do the same regularly every 
year on the first of January. (Dion Cass, lviii. 
p. 724 ; compare Lipsius, Excurs. A. ad Tacit. 
Annal. xvi. 22.) 

All Roman soldiers after they were enlisted for 
a campaign, had to take the military oath (sacra- 
mentum), which was administered in the following 
manner : — Each tribunus militum assembled his 
regiment, and picked out one of the men to whom 
he put the oath, that he would obey the com- 
mands of his generals and execute them punctually. 
The other men then came forward one after an- 
other and repeated the same oath, saying that they 
would do like the first (idem in me, Polyb. vi. 
21 ; Fest. s. v. Praejurationes). Livy (xxii. 38) 
says that until the year 216 B.C. the military 
oath was only sacramentum, i. e. the soldiers 
took it voluntarily, and promised (with impreca- 
tions) that they would not desert from the army, 
and not leave the ranks except to fight against 
the enemy or to save a Roman citizen. But in 
the year 216 B.C. the soldiers were compelled by 
the tribunes to take the oath, which the tribunes 
put to them, that they would meet at the command 
of the consuls and not leave the standards without 
their orders, so that in this case the military oath 
became a jusjurandum. But Livy here forgets that 
long before that time he has represented (iii. 20) 
the soldiers taking the same jusjurandum. A per- 
fect formula of a military oath is preserved in Gel- 
lius (xvi. 4; compare Dionys. vi. 23.) 

It may here be remarked that any oath might 
be taken in two ways : the person who took it, 
either framed it himself, or it was put to him in 
a set form, and in this case he was said in verba 
jurare, or jurare verbis conceptis. Polybius (vi. 33) 
speaks of a second oath which was put to all who 
served in the army, whether freemen or slaves, as 
soon as the castrametatio had taken place, and by 
which all promised that they would steal nothing 
from the camp, and that they would take to the 
tribunes whatever they might happen to find. The 
military oath was, according to Dionysius (xi. 
43), the most sacred of all, and the law allowed 
a general to put to death without a formal trial any 
soldier who ventured to act contrary to his oath. 
It was taken upon the signa, which were them- 
selves considered sacred. In the time of the em- 
pire a clause was added to the military oath, in 
which the soldiers declared that they would con- 
sider the safety of the emperor more important than 
anything else, and that they loved neither them- 
selves nor their children more than their sovereign. 
(Arrian, Epict. iii. 14 ; Suet. Calig. 15; Ammian. 
Marc. xxi. 5.) On the military oath in general, 
compare Brissonius, De Formul. iv. c. 1 — 5. 

II. Oaths taken in transactions with foreign na- 
tions in the name of the republic. The most ancient 
form of an oath of this kind is recorded by Livy 
(i. 24), in a treaty between the Romans and Albans. 
The pater patratus pronounced the oath in the 



name of his country, and struck the victim with a 
flint-stone, calling on Jupiter to destroy the Roman 
nation in like manner, as he (the pater patratus) 
destroyed the animal, if the people should violate 
the oath. The chiefs or priests of the other nation 
then swore in a similar manner by their own gods. 
The ceremony was sometimes different, inasmuch 
as the fetialis cast away the stone from his hands, 
saying, Si sciens fallo, turn me Diespiter salva urbe 
arceque bonis ejiciat, uti ego hunc lapidem. (Fest. 
i. v. Lapidem.) Owing to the prominent part 
which the stone (lapis sileoc) played in this act, 
Jupiter himself was called Jupiter Lapis (Polyb. 
iii. 25), and hence it was in aftertimes not 
uncommon among the Romans in ordinary con- 
versation to swear by Jupiter Lapis. (Gellius, i. 
21 ; Cic. ad Fam. vii. 1, 12 ; Plut. Sulla, 10.) 
In swearing to a treaty with a foreign nation, a 
victim (a pig or a lamb) was in the early times al- 
ways sacrificed by the fetialis (whence the expres- 
sions foedus icerc, opKia r4/j.veiu), and the priest 
while pronouncing the oath probably touched the 
victim or the altar. (Virg. Aen. xii. 201, &c. ; 
Liv. xxi. 45 ; compare Fetiales.) This mode of 
swearing to a treaty through the sacred person of 
a fetialis, was observed for a long time, and after 
the second Punic war the fetiales even travelled to 
Africa to perform the ancient ceremonies. (Liv. 
xxx. 43.) The jus fetiale, however, fell into dis- 
use as the Romans extended their conquests ; and 
as in most cases of treaties with foreign nations, the 
Romans were not the party that chose to promise 
anything on oath, we hear no more of oaths on 
their part ; but the foreign nation or conquered 
party was sometimes obliged to promise with a so- 
lemn oath (sacramentum) to observe the conditions 
prescribed by the Romans, and documents record- 
ing such promises were kept in the capitol. (Liv. 
xxvi. 24.) But in cases where the Romans had 
reason to mistrust, they demanded hostages as 
being a better security than an oath, and this was 
the practice which in later times they adopted 
most generally. At first the Romans were very 
scrupulous in observing their oaths in contracts or 
treaties with foreigners, and even with enemies ; 
but attempts were soon made by individuals to 
interpret an oath sophistically and explain away 
its binding character (Gellius, vii. 18 ; Liv. iii. 
20, xxii. 61'; Cic. de Off. iii. 27, &c), and from 
the third Punic war to the end of the republic, 
perjury was common among the Romans in their 
dealings with foreigners as well as among them- 
selves. 

III. Oaths or various modes of swearing in com- 
mon life. The practice of swearing or calling 
upon some god or gods as witnesses to the truth 
of assertions made in common life or in ordinary 
conversations, was as common among the Romans 
as among the Greeks. The various forms used in 
swearing may be divided into three classes : — 

1. Simple invocations of one or more gods, as 
Hcrcle or Mehercle, that is, ita me Hercules juvet, 
amet, or servet (Fest. s. v. Mecastor) ; Pol, Perpol 
or Aedepol, that is, per Pollucem ; per Jovem La- 
pidem or simply per Jovem; per superos ; per deos 
immortales ; medius fidius, that is, ita me Dius 
(A'ws) filius juvet (Fest. s. v. ; Varro, de Ling. 
Lat. iv. p. 20, Bip.) ; ita me deus amet, or dii anient. 
Sometimes also two or a great number of gods 
were invoked by their names. (Plaut. Bacchid. iv. 
8. 51 ; Terent. Andr. iii. 2. 25.) The genii of 



JUSJURANDU.M. 



JUVENALIA. 



6C3 



men were regarded as divine beings, and persons 
used to swear by their own genius, or by that of 
a friend, and during the empire by that of an 
emperor. (Horat. Epist. L 7, 94 ; Suet. Colig. 
27.) Women as well as men swore by most of 
the gods ; but some of them were peculiar to one 
of the sexes. Thus women never swore by Her- 
cules, and men never by Castor ; Varro, moreover, 
said that in ancient times women only swore by 
Castor and Pollux, while in the extant writers we 
find men frequently swearing by Pollux. (Gellius, 
xi. 6.) Juno and Venus were mostly invoked by 
women, but also by lovers and effeminate men in 
general. ( Plaut. A mphit. ii. 2. 210 ; Tibull. iv. 1 3. 
15 ; Juv. ii. 98 ; Ovid. Amor. ii. 7. 27, ii. 8. 18.) 

2. Invocations of the gods, together with an 
execration, in case the swearer was stating a false- 
hood. Execrations of this kind are, Dii me per- 
dant (Plaut. Mil. Glor. iiL 2. 20, Cistell. ii. 1. 21); 
dii me inierficiant (Plaut. Mosiell. i. 3. 35) ; dis- 
jieream (Horat. Sat. i. 9. 47) ; ne vivam (Cic ad 
F'jm. vii. 23 ; Mart. x. 12. 3); ne salvus rim (Cic. 
ad Att. xvi. 13), &.c. 

3. Persons also used to swear by the indi- 
viduals or things most dear to them. Thus we 
have instances of a person swearing by his own or 
another man's head (Dig. 12. tit. 2. 8.3. §4; 
Ovid, Trisl. v. 4. 45 ; IJeroid. iii. 107 ; Juv. vi. 
16), by his eyes (Plaut. MeneacJi. v. 9. 1; Ovid, 
A mar. ii. 1 6. 44 ), by his own welfare or that of his 
children (Dig. 12. tit. 2. s. 5 ; Plin. Epist. ii. 20), 
by the welfare of an emperor (Cod. 2. tit. 4. s. 4 1), 
ice. 

Respecting the various forms of oaths and 
swearing see Brissonius, dc 1-ormul. viii. cc. 1 — 
18. [L.S.] 

I V. Oaths taken befiirr the praetor or in courts of 
justice. There might be a jusjurandum cither injure 
or in judicio. The jusjurandum in jure had a like 
effect to the confessio in jure, and it stood in the 
place of the Litis Contestatio (Dig. 5. tit. 1. 
s. 28. § 2). The jusjurandum in jure is the oath 
which one party proposed to his adversary (detulit) 
that he should make about the matter in dispute ; 
and the effect of the oath being taken or refused 
wag equivalent to a judicium. If the defendant 
took the oath, he had in answer to the actio an 
exceptio (plea) jurisjurandi, analogous to the cx- 
ceptio rei in judicium deductac and rci judicatac. 
If the plaintiff swore, he had an actio in factum 
(on the case) analogous to the actio judicati. The 
reason of the jusjurandum having this effect is 
explained (Dig. 44. tit. 5. s. 1) to be, that a party 
to a cause makes his adversary the judex by pro- 
posing to him to take the oath (deferendo ci jus- 
jurandum). This jusjurandum which is proposed 
( dclatum) in jure, is called nccessarium, because he 
to whom it is proposed cannot simply refuse it ; 
he must cither take the oath, or, in his turn, pro- 
pose (referre) that the proposer shall take it. 
Simple refusal was equivalent to confessio (con- 
fcuionis est nolle ncc jiirarc nec jnsjurandum re- 
ferre ; Dig. 12. tit. 2. s. 38). In the Edict ( Dig. 12. 
tit. 2. s. .'(4. 8 C), the praetor says that he will 
compel the person from whom the oath is demanded 
to pay or to take the oath. A pupillus, a procurator, 
or ili-t'iMii'.r, a Venial, and a tlanieii dialis roiild not 
lie compelled to swear (OelL x. 15). 

The jusjiimndiim in judirin (jusjurandum jndi- 
cinle) is required by the judex, and not by either 
of the parties, though either of the parties may 



suggest it. This jusjurandum has not the effect of 
the jusjurandum in jure : it is merely evidence, 
and the judex can give it such probative force as 
to him seems just. Such an oath is only wanted 
when other evidence fails. The judicial oath was 
particularly applicable in cases in which the judex 
had to determine the value of the matter in dis- 
pute. As a general rule, the aestimatio or esti- 
mate of value or damages was to be made by the 
judex conformably to the evidence furnished by 
the plaintiff ; but if the defendant by his dolus 
or contumacia prevented the plaintiff from recover- 
ing the specific thing, which was the object of the 
action, and consequently the plaintiff must have 
the value of it, the judex could put the plaintiff to 
his oath as to the value of the thing ; but he 
could also fix a limit (taxatio) which the plaintiff 
must not exceed in the amount that he declared 
upon oath. This is called jusjurandum in litem 
(Dig. 12. tit. 3). This oath is merely evidence; 
the judex may still either acquit the defendant or 
condemn him in a less sum (Dig. 22. tit. 3 ; De 
probationibus et praesumptionibus). 

As to the Jusjurandum Calumniae, see CaXUM- 
nla ; and see Judex, Judicium. [G. L.] 

JUSSU, QUOD, ACTIO, is a Praetorian 
actio which a man had against a father or master 
of a slave (dominus), if a filiusfamilias or a slave 
had entered into any contract at the bidding 
(jussu) of the father or master, for the full amount 
of the matter in dispute. He who thus contracted 
with a filiusfamilias or a slave, was not considered 
to deal with them on their own credit, but on that 
of the father or master. This Actio is classed by 
Gaius with the Exercitoria and Institoria. (Gaius, 
iv. 70; Dig. 15. tit 4.) [G. L.] 

JUSTA^ FUNERA. f Ftnera, p. 558, b.] 

JUSTINIANE US CODEX. [Codex Jus- 

TINIANEIS.] 

JUSTTTIUM, probably signified originally a 
cessation of judicial business (juris quasi interstitio 
r/uaedam et ccssatio, Gell. xx. 1 ), but is always used 
to indicate a time in which public business of every 
kind was suspended. Thus the courts of law and 
the treasury were shut up, no ambassadors were 
received in the senate, and no auctions took place 
(jurimlictionem inlermitti, clamJi acrnrium. judiciu 
to/li, Cic. de liar. Hesp. 36 ; pro Plana, 14, with 
Wunder's note). The .lustitium was proclaimed 
(edicerc, indicere) by the senate and the magis- 
trates in times of public alarm and danger ; and 
after confidence and tranquillity had been restored, 
the Justitium was removed (remittcrc, exuere) by 
the same authorities. (Liv. vi. 7, ix. 7, x. 21 ; 
Plut. .SWA 8, Mar. 35.) As such times of alarm 
arc usually accompanied with general sorrow, a 
Justitium came in course of time to be ordained as 
a mark of public mourning, and under the empire 
was only employed for this reason. Thus we find 
it usually proclaim"d on the death of an emperor 
or of a member of the imperial family. It was 
observed in the provinces as well as at Home, and 
during its continunncc the soldiers were released 
from their ordinary militarv duties. (Tac. Ann. i. 
16, ii. 82 ; Suet. Tib. 52, Col. 24, Galb. 10.) 

JUVENA'LIA, or .11 "V I.N .VI, KS LUDI 
('\ovStva\ta wantp tui ;ti»k> . «ot«), were 
scenic game* instituted by Nero in a. n. 59, in 
commemoration of his shaving his beard fur the 
first time, thus intimating that he had passed 
from youth to manhood, lie was thin in the 
u u 4 



664 LABYRINTHUS. 



LABYRINTHUS. 



twenty-second year of his age. These games were 
not celebrated in the circus, hut in a private 
theatre erected in a pleasure-ground (nemus), and 
consisted of every kind of theatrical performance, 
Greek and Roman plays, mimetic pieces, and the 
like. The most distinguished persons in the state, 
old and young, male and female, were expected to 
take part in them. The emperor set the example 
by appearing in person on the stage ; and Dion 
Cassius mentions a distinguished Roman matron, 
upwards of eighty years of age, who danced in the 
games. It was one of the offences given by Paetus 
Thrasea that he had not acquitted himself with 
credit at this festival. (Dion Cass. lxi. 19 ; Tac. 
Ann. xiv. 15, xv. 33, xvi. 21.) Suetonius (Net: 
12) confounds this festival with the Quinquennalia, 
which was instituted in the following year, A. D. 
60. [Quinquennalia.] The Juvenalia con- 
tinued to be celebrated by subsequent emperors, 
but not on the same occasion. The name was 
given to those games which were exhibited by the 
emperors on the 1st of January in each year. 
They no longer consisted of scenic representations, 
but of chariot races and combats of wild beasts. 
(Dion Cass, lxvil. 14 ; Sidon. Apoll. Carm. xxiii. 
307, 428 ; Capitol. Gord. 4 ; comp. Lipsius, ad 
Tac. Ann. xiv. IS.) 



K. See C. 



L. 

LA'BARUM. [Sign a Militaria.] 

LABRUM. [Balneae, p. 191.] 

LABYRINTHUS (Ka§{i P iv6os). This word 
appears to be of Greek origin, and not of Egyptian 
as has generally been supposed ; it is probably a 
derivative form of AaSipos, and etymologically 
connected with Xavpai. Accordingly, the proper 
definition of labyrinth is a large and complicated 
subterraneous cavern with numerous and intricate 
passages, similar to those of a mine. (Welcker, 
Aesehyl. Trilog. p. 212, &c.) Hence the caverns 
near Nauplia in ATgolis were called labyrinths. 
(Strabo, viii. 6. p. B69.) And this is indeed the 
characteristic feature of all the structures to which 
the ancients apply the name labyrinth, for they are 
always described as either entirely or partially 
under ground. 

The earliest and most renowned labyrinth was 
that of Egypt, which lay beyond lake Moeris, at a 
short distance from the eity of Crocodiles (Arsinoe), 
in the province now called Faioum. Herodotus 
(ii. 148) ascribes its construction to the dodecarchs 
(about 650 B. a), and Mela (i. 9) to Psammetichus 
alone. But other and more probable accounts refer 
its construction to a much earlier age. (Plin. H.N. 
xxxvi. 13; Diod. Sic. i. 61, 89-; Strabo, xvii. 
p. 811.) This edifice, which in grandeur even ex- 
celled the pyramids, is described by Herodotus and 
Pliny (U. cc.) It had 3000 apartments, 1500 
under ground, and the same number above it, and 
the whole was surrounded by a wall. It was di- 
vided into courts, each of which was surrounded 
by colonnades of white marble. At the time of 
Diodorus and of Pliny the Egyptian labyrinth was 
still extant. But the ruins which modem travel- 
lers describe as relics of the ancient labyrinth, as 
well as the place where they saw them, do not 



agree with what we know from the best ancient 
authorities respecting its architecture and its site. 
(British Mus. Egyptian Antiq. vol. i. p. 54, and 
more especially Bunsen, Aegyptens Stelle in der 
Weltgesch. vol. ii. p. 324, &c.) The purpose which 
this labyrinth was intended to serve, can only be 
matter of conjecture. It has been supposed by 
some writers that the whole arrangement of the 
edifice was a symbolical representation of the 
zodiac and the solar system. Herodotus, who saw 
the upper part of this labyrinth, and went through 
it, was not permitted by the keepers to enter the 
subterraneous part, and he was told by them that 
here were buried the kings by whom the labyrinth 
had been built, and the sacred crocodiles. 

The second labyrinth mentioned by the ancients 
was that of Crete, in the neighbourhood of Cnos- 
sus : Daedalus was said to have built it after the 
model of the Egyptian, and at the command of 
king Minos. (Plin. Diod. II. cc.) This labyrinth 
is said to have been only one hundredth part the 
size of the Egyptian, and to have been the habit- 
ation of the monster Minotanrus. Although the 
Cretan labyrinth is very frequently mentioned by 
ancient authors, yet none of them speaks of it as 
an eyewitness ; and Diodorus and Pliny expressly 
state that not a trace of it was to be seen in their 
days. These circumstances, together with the 
impossibility of accounting for the objects which a 
Cretan king could have had in view in raising such 
a building, have induced almost all modern writers 
to deny altogether the existence of the Cretan 
labyrinth. This opinion is not only supported by 
some testimonies of the ancients themselves, but 
by the peculiar nature of some parts of the island 
of Crete. The author of the Etymologicum Magn. 
calls the Cretan labyrinth " a mountain with a ca- 
vern," and Eustatliius {ad Odyss. xi. p. 1688) 
calls it "a subterraneous cavern;" and similar 
statements are made by several other writers 
quoted by Meursius (Creta, pp. 67 and 69). Such 
large caverns actually exist in some parts of Crete, 
especially in the neighbourhood of the ancient 
town of Gortys ; and it was probably some such 
cavern in the neighbourhood of Cnossus that gave 
rise to the story of a labyrinth built in the reign 
of Minos. (See Walpole's Travels, p. 402, &c. ; 
Hb'ckh, Kreta, i. p. 56, &c, and p. 447, &c.) 

A third labyrinth, the construction of which 
belongs to a more historical age, was that in the 
island of Lemnos. It was commenced by Smilis, 
an Aeginetan architect, and completed by Rhoecus 
and Diodorus of Samos, about the time of the first 
Oympiad. (Plin. I. c.) It was in its construction 
similar to the Egyptian, and was only distinguish- 
ed from it by a greater number of columns. Re- 
mains of it were still extant in the time of Pliny. 
It is uncertain whether this labyrinth was in- 
tended as a temple of the Cabeiri, or whether it had 
any connection with the art of mining. (Welcker, 
Aesehyl. Tril. I. c.) 

Samos had likewise a labyrinth, which was built 
by Theodoras, the same who assisted in building 
that of Lemnos ; but no particulars are known. 
(Plin. N. xxxiv. 8.) 

Lastly, we have to mention a fabulous edifice in 
Etraria, to which Pliny applies the name of laby- 
rinth. It is described as being in the neighbour- 
hood of Clusium, and as the tomb of Lar Porsena. 
But no writer says that he ever saw it, or remains 
of it; and Pliny, who thought the description which 



LACINIAE. 



LAEXA. 



665 



be found of it too fabulous, did not venture to give 
it in bis own words, but quoted those of Varro, 
who had probably taken the account from the po- 
pular stories of the Etruscans themselves. It was 
said to have been built partly under and partly 
above ground, whence the name labyrinth is cor- 
rectly applied to it. But a building like this, says 
Niebuhr (History of Rome, vol. L p. 130. note 
405), is absolutely impossible, and belongs to the 
Arabian Nights. (Comp. Abeken, Mittelitulien, 
p. 243.) [L.S.] 

LACERNA (/jMvtivas, uavSin]), a cloak worn 
by the Romans over the toga, whence it is called 
by Juvenal (ix. 28) " munimentum togae." It 
differed from the paenula in being an open gar- 
ment like the Greek pallium, and fastened on the 
right shoulder by means of a buckle (fibula), 
whereas the paenula was what is called a vestimen- 
tum clausum with an opening for the head. [Pae- 
nula. J The Lacema appears to have been com- 
monly used in the army ( Veil. Pat. ii. 70, 80 ; 
Ovid, Fast. ii. 746 ; Prop. iv. 3. 18), but in the 
time of Cicero was not usually worn in the city 
(Cic. Philip, ii. 30.) It soon afterwards, however, 
became quite common at Rome, as we learn from 
Suetonius, who says (Aug. 40) that Augustus, 
seeing one day a great number of citizens before 
his tribunal dressed in the lacema, which was 
commonly of a dark colour (pullati), repeated with 
indignation the line of VirgiL 

" Romanos rerum dominos, gentemque togatam, n 

and gave orders that the Aediles should henceforth 
allow no one to be in the forum or circus in that 
dress. 

Most persons seem to have carried a lacema or 
paenula with them, when they attended the public 
games, to protect them from the cold or rain (Dion 
Cass. lvii. 13); and thus we are told that the equites 
used to stand up at the entrance of Claudius and 
lay aside their iacemae. (Suet. Claud. 6.) 

The lacema was usually, as already remarked, 
of a dark colour (fusci colorrs, Mart. L 97. 9), and 
was frequently made of the dark wool of the 
Bactic sheep (Ilacticae lacernae, xiv. 133). It was, 
however, sometimes dyed with the Tyrian purple, 
and with other coloure. (Jut. i. 27 ; Mart. i. 97.) 
Martial (viii. 10) speaks of larcemae of the former 
kind, which cost as much as 10,000 sesterces. 
When the emperor was expected at the public 
games, it was the practice to wear white lacernae 
only. (Mart. iv. 2, xiv. 137.) 

The lacema was sometimes thrown over the 
head for the purpose of concealment (I lor. .Sal. ii. 
7. 55) ; but a cucullus or cowl was generally used 
for that purpose, which appears to have been fre- 
quently attached to the lacernae, and to have 
formed a part of the dress. (Mart. xiv. 139, 
132.) See Becker, Gallon, vol. ii. p. 95, &c. 
[CVCVLLVH.] 

LAC I'M I A K, the angular extremities of the 
toga, OQe of which was brought round over the left 
shoulder. It was generally tucked into the girdle, 
&it sometimes was allowed to hang down loose. 
Plautus (M treat, i. 2. 16) indicates that it occa- 
sionally served for a pocket-handkirchief (At tu 
tdepol sumr liirinittm a/t/ue altttrrgr *>til>>r' in tih') : 
Velleius Paterculus (ii. 3) represents Scipio Xosica 
as wrapping the lacinia of his toga round hit left 
arm for a shield (compare Val. Max. iii. 2. § 17) 
before he rushed upon Tib. (Jrncchus ; while, ac- 



cording to Senilis (ad Virg. Acn. vii. 612), the 
Cinctus Gabinus was formed by girding the toga 
tight round the body by one of its laciniae or loose 
ends. These expressions are quite irreconcilcable 
with the opinion of Ferrarius and others, that the 
lacinia was the lower border or skirt of the toga, 
while all the passages adduced by them admit of 
easy explanation according to the above view. 
The lacinia was undoubtedly permitted by some 
to sweep the ground, especially by such as wore 
their garments loosely. Thus Macrobius (Hut. ii. 3) 
remarks upon one of Cicero's witticisms, " Jocatus 
in Caesarem quia ita praecingebatur, ut trahendo 
laciniam velut mollis incederet," which corresponds 
with the well-known caution of Sulla addressed 
to Pompey, " Cave tibi ilium puerum male prae- 
cinctum ; ** and Suetonius tells how the emperor 
Caius, being filled with jealous) - on account of the 
plaudits lavished on a gladiator, hurried out of the 
theatre in such haste " ut calcata lacinia togae 
praeceps per gradus iret." Moreover, the secondary 
and figurative meanings of the word, namely, a rag 
(Plin. H.N. xix. 7), a narrow neck of land (Id. 
v. 32), the point of a leaf (Id. xv. 30), the ex- 
crescences which hang down from the neck of a she- 
goat (Id. viii. 50), &c., accord perfectly with the 
idea of Hie angular extremity of a piece of cloth, but 
can scarcely be connected naturally with the notion 
of a border or skirt. 

The corresponding Greek term was Kpao-treSov, 
and perhaps irrtpvyiov (Pollux considers these 
synonymous) ; and accordingly Plutarch (Gracch. 
19) and Appian (If. C. i. 16) employ the former 
in narrating the story of Scipio alluded to above, 
with this difference, however, that they de- 
scribe him as throwing to Kpaairthov tov ifiariov 
over his head instead of twisting it round his 
arm. [ W. R.] 

LACO'NICUM. [Balneae, p. 184, b. 190,b.] 

LACU'XAR. [Domis, p. 432, a.] 

LAC US. [Pons, p. 544, b.] 

LAENA, the same word with the Greek 
XAaiVa, and radically connected with h&xvy, luna, 

&.C. 

1. It signifies, properly, a woollen cloak, the 
cloth of which was twice the ordinary thickness 
(dunrum tof/atum instar, Varro, de Ling. hd. v. 
133, ed. Mullcr), and therefore termed duplex 
(Kestus, s. v. Lama ; Scrv. ail Virg. Acn. iv. 
262), shaggy upon both sides (Schol. ad Juv. iii. 
283), worn over the pallium or the toga for the 
sake of warmth. (Mart. xiv. 136.) Hence per- 
sons carried a lacna with them when they went 
nut to supper (Mart. viii. 59) ; and the rich man in 
Juvenal, who walks home at night escorted by a 
train of slaves and lighted on his way by flam- 
beaux, is wrapped in a scarlet lacna. (Juv. iii. 
283.) 

2. A robe of state, forming, it is said, in ancient 
times, part of the kingly dress. (Plut. Sum. 7.) 

3. The flamines offen d sacrifice in a laena 
which was fastened round the throat by a clasp, 
and in the case of the dialis was woven by the 
hands of the llnniinica. (Serv. ad Virg. Acn. iv. 
262 ; Cic. llrul. 57.) 

4. In later times the lacna seems, to a certain 
extent, to have been worn as a substitute for the 
toga. Thus the courtly bard in Prrsius (i. 32) is 
introduced reciting his fashionable lays with a 
tioli't-roloiired laena over 1 1 1 -. shoulders; and fn 
gather from Juvenal (v. 130, vii. 73) that it was 



666 



LAMPADEPHORIA. 



an ordinary article of dress among the poorer 
classes. (Becker, Qallus, vol. ii. p. 99.) 

5. Nonius defines it to be " vestimentum 
militare quod supra omnia vestimenta sumitur," 
but quotes no authority except Virg. Aen. iv. 
262. [W.R.] 

LAGE'NA. [Vinum.] 

LAMPADA'RCHIA. [Lampadephoria.] 

LAMPADEPHO'RIA (Aa/MraoT^opIa), torch- 
hearing (as Herodotus calls it), or Aafj.Trat>T)8pofiia, 
torch-race (as some lexicographers), also Kafxiva- 
Sovxos kywv, and often simply Acc/nnxs, was a 
game common no doubt throughout Greece ; for 
though all we know concerning it belongs to 
Athens, yet we hear of it at Corinth, Pergamus, 
and Zerinthus (Bockh, PuU Econ. of Athens, p. 
463, 2nd ed. ; Miiller, Minerv. Polias, p. 5) ; and 
a coin in Mionnet, with a ha.fj.Tras on it, which is 
copied below, bear3 the legend 'AfMpnroAiTwv. 

At Athens we know of five celebrations of this 
game : one to Prometheus at the Prometheia 
(Schol. ad Aristoph. Ran. 131 ; Ister. ap. Harpocr. 
s. v.) ; a second to Athena at the Panathenaea* 
(Herod, vi. 105, and 11. cc.) ; a third to Hephaestos 
at the Hephaesteiaf (Herod, viii. 9, and 11. ce.) ; a 
fourth to Pan (Herod, v. 105) ; a fifth to the Thra- 
cian Artemis or Bendis. (Plat, de Rep. p. 328, a.) 
The three former are of unknown antiquity ; the 
fourth was introduced soon after the battle of Ma- 
rathon ; the last in the time of Socrates. 

The race was usually run on foot, horses being 
first used in the time of Socrates (Plat. /. c.) ; 
sometimes also at night. (Interp. vetus ad Lucret. 
ii. 77. ap. Wakef.) The preparation for it was a 
principal branch of the yvfivao-iapx'ia, so much so 
indeed in later times, that Kainraoapxia seems to 
have been pretty much equivalent to the yvfivaa- 
apxia. (Aristot. Pol. v. 8. 20.) The gymnasiarch 
had to provide the Kaunas, which was a candle- 
stick with a kind of shield set at the bottom of 
the socket, so as to shelter the flame of the candle ; 
as is seen in the following woodcut, taken from a 
coin in Mionnet (pi. 49. 
6.) He had also to pro- 
vide for the training of the 
runners, which was of no 
slight consequence, for the 
race was evidently a se- 
vere one (compare Aris- 
toph. Vesp. 1203, Ran. 
1085), with other ex- 
penses, which on the whole 
were very heavy, so that 
Isaeus {de Philoct. Haered. p. 62. 20) classes 
this office with the x°P 7 \y' la an( i T P")p a />X' a > an & 
reckons that it had cost him 12 minae. The dis- 
charge of this office was called yv/xvaaiapx^" 
Kajj.Tta.5i (Isaeus, I. c), or iv reus Kafnrdcri yvfiva- 
o-iapx^vSai (Xen. de Vectig. iv. 52). The victo- 
rious gymnasiarch presented his Kafxirds as a votive 
offering (a.vdd-r)fj.a, Bbckh, Inscr. No. 243, 250). 

As to the manner of the KaixTraZ-q^opia, there 
are some things difficult to understand. The case 
stands thus. We have two accounts, which seem 
contradictory. — First, it is represented as a course, 
in which * Kaunas was carried from one point to 

* Probably the greater Panathenaea. (Bockh, 
uhi supr.) 

•(* The ceremony at the Apaturia was different. 
[Apaturia.] 




LAMPADEPHORIA. 
another by a chain of runners, each of whom 
formed a successive link. The first, after running 
a certain distance, handed it to the second, the 
second in like manner to the third, and so on, till 
it reached the point proposed. Hence the game is 
used by Herodotus (viii. 98) as a comparison 
whereby to illustrate the Persian ayyaprfiov , by 
Plato (Leg. p. 776, b.) as a living image of suc- 
cessive generations of men, as also in the well- 
known line of Lucretius (ii. 77.) 

" Et quasi cursores vitai lampada tradunt." 
(Compare also Auctor, ad Herenn. iv. 46.) And 
it is said that the art consisted in the several run- 
ners carrying the torch unextinguished through 
their respective distances, those who let it go out 
losing all share of honour. Now, if this were all, 
such explanation might content us. But, secondly, 
we are plainly told that it was an dy&v, the run- 
ners are said afj.iAAa.a0ai (Plat. Rep. I. c.) ; some are 
said to have won (vatav Kafj.Tra.oi, Andoc. in Alcib. 
ad fin. ; compare Bockh, Insc. No. 243, 244) ; the 
Schol. on Aristoph. Ran. (I. c.) talks of robs 
vo-Tarovs Tpexovras, which shows that it must have 
been a race between a number of persons ; the 
Schol. on the same play (v. 133) speaks of acpeivat 
rovs Spofxeas, rovs rpexovras, which shows that a 
number must have started at once. 

This second account implies competition. But 
in a chain of runners, each of whom handed the 
torch to the next man successively, where could the 
competition be ? One runner might be said to 
lose — he who let the torch out; but who could be 
said to win ? 

We offer the following hypothesis in answer to 
this question. Suppose that there were several 
chains of runners, each of which had to carry the 
torch the given distance. Then both conditions 
would be fulfilled. The torch would be handed 
along each chain, — which would answer to the 
first condition of successive delivery. That chain 
in which it travelled most quickly and soonest 
reached its destination would be the winner, — ■ 
which would answer to the second condition, it 
being a race between competitors. 

In confirmation of this hypothesis we observe 
as follows : — The inscription in Bockh, No. 245, 
consists of the following lines : — 

Aa/xwdSa veiKTiffas avv e(pi]§ois tyjv S 1 aviB-qKa 
Eutux'Stjj ttcus Sj V EvrvxiSovs ' ABfiovevs. 

This Eutychides was no doubt the gymnasiarch 
who won with the t<pi)Soi he had trained, just as 
Andocides (I. c.) talks of his vsviKificivai AafjirdSt 
as gymnasiarch ; so too Inscr. No. 250 records a 
like victory of the tribe Cecropis.* Now we know 
that the gymnasiarchs were chosen one from each 
tribe. If then each furnished a chain of Aafj,Tra8Ti(p6- 
poi, there would have been ten (in later times twelve) 
chains of runners. Perhaps, however, the gym- 
nasiarchs were not all called on to perform this ser- 
vice, but each once only in the year, which would 
allow us for each of the three greater celebrations 



* No. 244 gives a list of ol veiKijaavres Trjf 
AafnrdSa, the winners in the torch-race, fourteen in 
number. Who were these ? If the several links 
of the winning chain, it is rather against analogy 
that they should be named. No one ever heard 
the names of a chorus ; yet they can hardly be 
fourteen winning gymnasiarchs. 



LANX. 

(the Prometheia, Panathenaea, and Hephaesteia) 
three or four chains of competitors. 

The place of running was, in these great celebra- 
tions, from the altar of the Three Gods (Prome- 
theus, Athena, and Hephaestos) in the outer 
Ccrameicus to the Acropolis, a distance of near half 
a mile. (Pausan. i. 30. § 2 ; Schol. ad Han. 1 085.) 
That in honour of Bendis was run in the Peiraeeus. 
(Plat. /. c.) 

The origin of these games must be sought, we 
think, in the worship of the Titan Prometheus. 
The action of carrying an unextinguished light 
from the Ccrameicus to the Acropolis is a lively 
symbol of the benefit conferred by the Titan upon 
man, when he bore fire from the habitations of 
the gods, and bestowed it upon man. 

KAtifios OKOjuaToio irvpbs T-nXiuKorrov avyhv 

Iv noi\y ydpdriKi. (Hesiod. T/ieog. 56G. Gaisf.) 

But the gratitude to the giver of fire soon passed 
to the Olympian gods who presided over its use, 
— Hephaestos, who taught men to apply it to the 
melting and moulding of metal, and Athena, who 
carried it through the whole circle of useful and 
ornamental arts. To these three gods, then, were 
these games at first devoted, as the patrons of fire. 
And looking to the place it wa3 run in — the 
Cerameicus or Potters' quarter — we are much in- 
clined to adopt Wclcker's suggestion (Aeschylisclte 
Trilogie, p. 121), viz. that it was the Kipa/xfh or 
potters who instituted the XafinaSritpopia. Athena 
(as we learn from the Kcpcuu's) was their patron 
goddess ; and who more than they would have 
reason to be thankful for the gift and use of fire? 
Pottery would be one of the first modes in which 
it would be made serviceable in promoting the arts 
of life. In later times the same honour was paid to 
all gods who were in any way connected with fire, 
as to Pan, to whom a perpetual fire was kept up in 
his grotto under the Acropolis, and who was in 
this capacity called by the Greeks Phanctes, by 
the Romans Lucidus ; so also to Artemis, called 
by Sophocles ' An<plirvpos, and worshipped as the 
moon. (Creuzcr, Symbolique, vol. ii. pp. 752, 7G4, 
French transl.) At first, however, it seems to 
have been a symbolic representation in honour of 
the gods who gave and taught men the use of 
material moulding fire {-KivTtxvovitip, otOaonaXoi 
T€'x*i)i, as Aeschylus calls it, Prom. 7. 1 1 0), 
though this special signification was lost sight of 
in later times. Other writers, in their anxiety to 
get a common signification for all the times and 
modes of the Kaiitt aSri<popla, have endeavoured to 
prove that all who were honoured by it were con- 
nected with the heavenly bodies, Kafixpo) Swaarat, 
(so Creuzcr, /. c. ; Miiller, Minerva /V<V«, p. 5) ; 
others that it always had an inner signification, 
alluding to the inward fire by which Prometheus 
put life into man (so Brbnstcd, Voyages, vol. ii. 
[>. 386, note 2). But this legend of Prometheus 
was a later interpretation of the earlier one, as may 
be seen bv comparing Mat. I'rolag. p. .'!'_' 1. (1, with 

Htnod. Theog. ."»»il , &c. [II. G. L.] 

LAMI'As. [ Lampadkphohu.] 
LANA'RIUS. [I'ii.kis. ] 

I.AM KA. I H am a. p. .'.::!! a.] 

LANJFl'CIUM. [T*la. i 
LANISTA. [Gladiatorks.] 
LA NTERNA. [Latbrna.] 
LA NX, dim. LANCULA, n large dish, made 
of silver or some other metal, and sometimes cm- 



LARARIUM. C67 

bossed, used at splendid entertainments to hold 
meat or fruit (Cic. ad Att. vi. 1 ; Hor. Sat. ii. 2. 
4, ii. 4. 41 ; Ovid, de Ponto, in. 5. 20 ; Petron. 
31) ; and consequently at sacrifices (Virg. Georg. 
ii. 194, 394, Jen. viiL 284, xii. 215 ; Ovid, de 
Ponto, iv. 8. 40) and funeral banquets (Propert. 
ii. 13. 23). The silver dishes, used by the Ro- 
mans at their grand dinners, were of a vast size, 
so that a boar, for example, might be brought whole 
to table. (Hor. /. c.) They often weighed from 
100 to 500 pounds. (Plin. //. N. xxxiii. 52.) 

The balance (Libra Manx, Mart. Cap. ii. 180) 
was so called, because it had two metallic dishes. 
(Cic. Acad. iv. 12, Tunc. v. 17 ; Virg. Aen. xii. 
725 ; Pers. iv. 10.) [J. Y.] 

LA'PHRIA (A.d<ppia), an annual festival, cele- 
brated at Patrae in Achaia, in honour of Artemis, 
surnamed Laphria. The peculiar manner in which 
it was solemnised during the time of the Roman 
empire (for the worship of Artemis Laphria was 
not introduced at Patrae till the time of Augustus), 
is described by Pausanias (viii. 18. § 7). On the 
approach of the festival the Patraeans placed in a 
circle, around the altar of the goddess, large pieces 
of green wood, each being sixteen yards in length ; 
within the altar they placed dry wood. They then 
formed an approach to the altar in the shape of 
steps, which were slightly covered with earth. 
On the first day of the festival a most magnifi- 
cent procession went to the temple of Artemis, and 
at the end of it there followed a maiden who had 
to perform the functions of priestess on the occa- 
sion, and who rode in a chariot drawn by stags. 
On the second day the goddess was honoured with 
numerous sacrifices, offered by the state as well as 
by private individuals. These sacrifices consisted 
of eatable birds, boars, stags, goats, sometimes of 
the cubs of wolves and bears, and sometimes of the 
old animals themselves. All these animals were 
thrown upon the altar alive at the moment when 
the dry wood was set on fire. Pausanias says that 
he often saw a bear, or some other of the animals, 
when seized by the flames, leap from the altar and 
escape across the barricade of green wood. Those 
persons who had thrown them upon the altar, 
caught the devoted victims again, and threw them 
back into the flames. The Patraeans did not re- 
member that a person had ever been injured by 
any of the animals on this occasion. (Comp. Paus. 
iv. 31. § 6 ; Schol. ad Enrip. Orest. 1087.) [L. S.j 
L A P I C 1 1) I N A K. [ L a i'tum i a K. ] 
LAPIS MILLIA'KH'S. ( Mii.maiiii-.m.] 
LAPIS SPKCL'LA'RIS. [D0MU8, p. 432a.] 
LA'QUEAR. [Domus, p. 432, a.] 
LA'QUEUS, a rope, was used to signify the 
punishment of death by strangling. This mode of 
execution was never performed in public, but only 
in prison and generally in the Tullianiim. Hence 
we find the words carcrr ami lai/urua frequently 
joined together (sec e.g. Tac. Ann. iii. 50). Per- 
sons convicted of treason were most frequently put to 
death by strangling, as for instance the Catilinarinn 
conspirators (Im/wo intlam fregrrc. Sail. fat. 55). 
This punishment was frequently inflicted in the 
reign of Tiberius (Tac. Ann. v. 9, vi. 39, 40 ; 
Suet. Tih. 81), but was abolished soon afterwards 
(Tac. Ann. xiv. 48). 

LAf^l KATO'RKS. [Gladiatoreh, p. 575, 

b.] 

LAHA'HKTM was a place in the inner part of 
a Roman house, which was dedicated to the Lares, 



668 



LATER. 



LATER. 



and in which their images were kept and wor- 
shipped. It seems to have been customary for re- 
ligious Romans in the morning, immediately after 
they rose, to perform their prayers in the lararium. 
This custom is said at least to have been observed 
by the emperor Alexander Severus (Lamprid. Al. 
Sev. 29, 31), who had among the statues of his 
Lares those of Christ, Abraham, Orpheus, and 
Alexander the Great. This emperor had a second 
lararium, from which the first is distinguished by 
the epithet majus, and the images of his second or 
lesser lararium were representations of great and 
distinguished men, among whom are mentioned 
Virgil, Cicero, and Achilles. That these images 
were sometimes of gold, is stated by Suetonius 
( Vitell. 2). We do not know whether it was cus- 
tomary to have more than one lararium in a house, 
or whether the case of Alexander Severus is merely 
to be looked upon as an exception. [L. S.] 

LARENTA'LIA, sometimes written LAREN- 
TINA'LIA and LAURENT A'LI A, was a Ro- 
man festival in honour of Acca Larentia, the wife 
of Faustulus and the nurse of Romulus and Remus. 
It was celebrated in December on the 1 Oth before 
the Calends of January. (Festus, s. v. ; Macrob. i. 
10 ; Ovid, Fast. iii. 57.) The sacrifice in this 
festival was performed in the Velabrum at the 
place which led into the Nova Via, which was 
outside of the old city not far from the porta 
Romanula. At this place Acca was said to have 
been buried. (Macrob. 1. c. ; Varr. de Ling. Lat. 
v. 23, 24.) This festival appears not to have been 
confined to Acca Larentia, but to have been sacred 
to all the Lares. (Hartung, Die Religion der Romer, 
vol. ii. p. 146.) 

LARES. See Did. of Gr. and Rom. Biography 
and Mythology. 

LARGITIO. [Ambitus ; Frumentariae 
Leges.] 

LARNACES (Aapra/ces). [Funus, p. 555, b.] 

LATER, dim. LATERCULUS (7rAiV0oy, dim. 
■nXivBis, irMvSiov,) a brick. Besides the Greeks 
and Romans other ancient nations employed brick 
for building to a great extent, especially the Baby- 
lonians (Herod. 179 ; Xen. Anab. iii. 4. §§ 7, 11 ; 
Nahum, iii. 14) and Egyptians. In the latter 
country a painting on the walls of a tomb at Thebes 
(Wilkinson's Manners and Customs, vol. ii. p. 99) 
exhibits slaves, in one part employed in procuring 
water, in mixing, tempering, and carrying the clay, 
or in turning the bricks out of the mould [Forma], 
and arranging them in order on the ground to be 
dried by the sun, and in another part carrying the 
dried bricks by means of the yoke [Asilla]. In 
the annexed woodcut we see a man with three 
bricks suspended from each end of the yoke, and 
beside him another who returns from having de- 
posited his load. 

These figures are selected from the above-men- 
tioned painting, being in fact original portraits of 
two 'AiyvirTioi irhiv6o<popoi, girt with linen round 
the loins in exact accordance with the description 
given of them by Aristophanes, who at the same 
time alludes to all the operations in the process of 
brick-makiug (irXivBoiroiia, Schol. in Pind. 01. v. 
20), which are exhibited in the Theban painting. 
(Aves, 1132—1152 ; Schol. ad he.) 

The Romans distinguished between those bricks 
which were merely dried by the sun and air (lu- 
teres erudi, Plin. H. N. xxxv. 48 ; Varro, de Re 
Rust. i. 14 ; Col. de Re Rust. ix. 1 ; irAiVftos upy, 




Paus. viii. 8. § 5), and those which were burnt in 
the kiln (coeti or coctiles ; oirra't, Xen. Anab. ii. 4. 
§ 12 ; Herod. I. c). They preferred for the pur- 
pose clay which was either whitish or decidedly 
red. They considered spring the best time for 
brick-making, and kept the bricks two years before 
they were used. (Pallad. de Rust. vi. 12). They 
made them principally of three shapes ; the Ly- 
dian, which was a foot broad, l£ feet long ; the 
tetradoron, which was four palms square, i. e. 
1 foot ; and the pentadoron, which was five palms 
square. They used them smaller in private than 
in public edifices. Of this an example is pre- 
sented in the great building at Treves, called the 
palace of Constantine, which is built of " burnt 
bricks, each of a square form, fifteen inches in 
diameter, and an inch and a quarter thick." ( Wyt- 
tenbach's Guide to the Roman Antiquities of Treves, 
p. 42.) These bricks therefore were the pentadora 
of Vitruvius and Pliny. At certain places the 
bricks were made so porous as to float in water ; 
and these were probably used in the construction 
of arches, in which their lightness would be a great 
advantage. (Plin. H. A'', xxxv. 49 ; Vitruv. ii. 3.) 
It was usual to mix straw with the clay. (Vitruv. 
I. c. ; Pallad. de Re Rust.vi. 12 ; Exod. v. 7.) In 
building a brick wall, at least crudo latere, i. e. 
with unburnt bricks, the interstices were filled 
with clay or mud (luto, Col. /. c), but the bricks 
were also sometimes cemented with mortar. 
(Wyttenbach, p. 65, 66.) For an account of the 
mode of arranging the bricks, see Murus. The 
Babylonians used asphaltum as the cement. (Herod. 
I. c.) Pliny (vii. 57) calls the brickfield lateraria, 
and to make bricks lateres ducere, corresponding 
to the Greek irXivBovs e\Keiv or epveiv. (Herod, i. 
179, ii. 136.) 

The Greeks considered perpendicular brick walls 
more durable than stone, and introduced them in 
their greatest public edifices. Brick was so com- 
mon at Rome as to give occasion to the remark of 
the emperor Augustus in reference to his improve- 
ments, that, having found it brick (lateritiam), he 
had left it marble. (Sueton. Aug. 29.) The Baby- 
lonian bricks are commonly found inscribed with 
the chatacters called from their appearance arrow- 
headed or cuneiform. It is probable that these in- 
scriptions recorded the time and place where the 
bricks were made. The same practice was enjoined 
by law upon the Roman brickmakers. Each had 
his mark, such as the figure of a god, a plant, or 
an animal, encircled by his own name, often with 
the name of the place, of the consulate, or of the 
owner of the kiln or the brickfield. (Seroux 



LATERNA. 

d'Agincourt, Rec. de Fragmens, pp. 82 — f!8.) It 
has been observed by several antiquaries, that these 
imprints upon bricks might throw considerable 
light upon the history and ancient geography of 
the places where they are found. Mr. P. E. 
Wiener has accordingly traced the 22nd legion 
through a great part of Germany by the bricks 
which bear its name. (De Let). Horn. vie. sec, 
Darmstadt, 1830, p. 106—137.) In Britain many 
Roman bricks have been found in the country of 
the Silures, especially at Caer-leon, with the in- 
scription LEG. II. AVG. stamped upon them. 
(Arcliaeotoyiu, v. p. 35.) The bricks, frequently 
discovered at York, attest the presence there of the 
6th and 9th legions. (Wellbeloved's ELurucum, 
pp. 13, 34, 118). 

The term laterculus was applied to various pro- 
ductions of the shape of bricks, such as pastry or 
confectionery (Plaut. Pocn. i. 2. 115 ; Cato, de 
lie Rust. 109) ; and for the same reason ingots of 
gold and silver arc called /uteres. (Plin. //. A', 
xxxiii. 17.) [J. Y.] 

LATERNA or LANTERN A (l*v6t, Aristoph. 
Pax, 841 ; Pherecrates, p. 26. ed. Runkel ; Au- 
Xfovxos, Phrynichus, Ecfog. p. 59 ; in later 
Greek, ipavAs, Athen. xv. 58 ; Philox. Gloss.), a 
lantern. Two bronze lanterns, constructed with 
nicety and skill, have been found in the ruins of 
Hcrciilaneum and Pompeii. One of them is re- 
presented in the annexed woodcut. Its form is 
cylindrical. At the bottom is a circular plate of 
metal, resting on three balls. Within is a bronze 
lamp attached to the centre of the base and pro- 
Tided with an extinguisher, shown on the right ' 
hand of the lantern. The plates of translucent 
hom, forming the sides, probably had no aperture ; | 
but the hemispherical cover may be raised so as to 
admit the hand and to serve instead of a door, and 
it is also perforated with holes through which the 
■moke might escape. To the two upright pillars 
supporting the frame- work, a front view of one of 
which is shown on the left hand of the lantern, 
chains arc attached for carrying the lantern by 
means of the handle at the top. 




We learn from Martial's epigrams (xiv. 61, 62) 
that bladder was used for lanterns as well a* horn. 
Bomt centuries later glnss was also substituted. 
[lmi.Orig.xx. 10.) The most transparent hom 
lanterns wen- brought from Carthage. (Plant. Aid. 
in. ti. 30.) Win n tin- lantern was required for 
u*<', the lamp was lighted and placed within it. 



LATINITAS. 669 
(Pherecrates, p. 21.)" It was carried by a slave 
(Plaut. Amphitr. Prol. 149, i. 1. 185 ; Val. Max. 
vi. 8. § 1 ), who was called the laternarius. (Cic. 
in Pis. 9.) [J. Y.] 

LATICLA'YII. [Clavds.] 
LATI'NAE FE'RIAE. [Feriae.] 
LATPNITAS, LA'TIUM, JUS LA'TII (to 
KaXovfxivov Aar(7ov, Strab. p. 1 86, Casaub. ; Aa-ri'cm 
Z'ikuov, Appian, B. C. ii. 26.) All these expressions 
are used after the Social war to signify a certain 
status intermediate between that of Cives and 
Peregrini. The word " Latinitas" occurs in Cicero 
(ad Alt. xiv. 12), where he is speaking of the La- 
tinitas being given to the Siculi after Caesar's 
death. Before the passing of the Lex Julia de 
Civitate, Latini were the citizens of the old town3 
of the Latin nation, with the exception of those 
which were raised to the rank of municipia: it 
also comprehended the coloniae Latinae. There 
were before the Lex Julia only two classes, Cives 
and Peregrini ; and Peregrini comprehended the 
Latini, Socii, and the Provinciales, or the free sub- 
jects of the Romans beyond the limits of Italy. 
About the year B.C. 89, a Lex Pompeia gave the 
Jus Latii to all the Transpadani, and the privilege 
of obtaining the Roman civitas by having tilled a 
magistratus in their own cities. To denote the 
status of these Transpadani, the word Latinitas 
was used, which since the passing of the Lex Julia 
had lost its proper signification ; and this was the 
origin of that Latinitas which thenceforth existed 
to the time of Justinian. This new Latinitas or 
Jus Latii was given to whole towns and countries ; 
as for instance by Vespasian to the whole of Spain 
(Plin. Hut. Nat. iii. 4) ; and to certain Alpine 
tribes (ImUo danati. Id. iii. 20). Hadrianus gave 
the Latium (Latium dedit) to many cities. (Spart, 
Hadrian. 21). 

This new Latinitas was given not only to towns 
already existing, but to towns which were founded 
subsequently to the Lex Pompeia, as Latinae Co- 
loniae ; for instance Novum-Comum, which was 
founded B. c. 59 by Caesar. (Appian, II. C. ii. 
26.) Several Latin towns of this class are men- 
tioned by Pliny, especially in Spain. 

Though the origin of this Latinitas, which makes 
so prominent a figure in the Roman jurists, is cer- 
tain, it is not certain wherein it differed from that 
Latinitas which was the characteristic of the Latini 
before the passing of the Julia Lex. It is however 
clear that all the old Latini had not the same 
rights, with respect to Rome ; and that they could 
acquire the civitas on easier terms than those by 
which the new Latinitas was acquired. (Li v. xli. 
12.) Accordingly the rights of the old Latini 
might be expressed by the term Majus Latium, 
and those of the new Latini by the term Minus 
Latium, according to Niebuhr's ingenious emenda- 
tion of Gaius (i. 96). The Majus Latium might 
be considered to be equivalent to the Latium An- 
tiquum and Vetus of Pliny (iv. 22) ; for Pliny, in 
describing the towns of Spain, always describes 
the proper colonies as consisting " Civium Kmna- 
norum," while he describes other towns as consist- 
ing sometimes "Latinorum" simply, and sometimes 
" Liliiioruni vricrum," or ns consisting of oppidani 
" Latii vctcris from which an opposition be- 
tween Latini Vetera and Latini simply might be 
inferred. But a careful examination of Pliny 
rather leads to the conclusion that his Latiui Ve- 
tera! and Latini ure the same, and that by these 



670 LATINITAS. 

terms he merely designates the Latini Coloniarii 
hereafter mentioned. The emendation of Niebuhr 
is therefore not supported by these passages of 
Pliny, and though ingenious, it ought perhaps to 
be rejected ; not for the reasons assigned by Mad- 
vig, which Savigny has answered, but because it 
does not appear to be consistent with the whole 
context of Gaius. 

The new Latini had not the connubium ; and it 
is a doubtful question whether the old Latini had 
it. The new Latini had the commercium. 

This new Latinitas, which was given to the 
Transpadani, was that legal status which the Lex 
Junia Norbana gave to a numerous class of freed- 
men, hence called Latini Juniani. (Gaius, i. 22, 
iii. 56; Ulp. Frag. tit. i.) The date of this lex is 
not ascertained ; but it is fixed with some pro- 
bability at A. U. C. 772. (Latini Juniani, by 
C. A. Von Vangerow, Marburg, 1833.) 

The Latini Coloniarii, who are mentioned by 
Ulpian (Fray. xix. s. 4), are the inhabitants of towns 
beyond Italy, to whom the Latinitas was given. 
These are the towns which Pliny calls " oppida 
Latinorum veterum," and enumerates with the "op- 
pida civium Romanorum " (iii. 3), which were 
military colonies of Roman citizens. The passages 
in which the Latini Coloniarii are mentioned, as a 
class then existing, must have been written before 
Caracalla gave the Civitas to the whole empire. 

These, which are the views of Savigny on this 
difficult subject, are contained in the Zeitschrift, vol. 
ix. Der Rom. Volkssclduss der Tafel von Heraclea. 

The Latini could acquire the Jus Quiritium, ac- 
cording to Ulpian (Frag. tit. iii. De Latinis), in 
the following ways : — By the Beneficium Princi- 
pal, Liberi, Iteratio, Militia, Navis, Aedificium, 
Pistrinum ; and by a Senatus-consultum it was 
given to a female " vulgo quae sit ter enixa." These 
various modes of acquiring the civitas are treated 
in detail by Ulpian, from which, as well as the 
connection of this title " De Latinis " with the 
first title which is " De Libertis," it appears that 
he only treated of the modes in which the civitas 
might be acquired by those Latini who were Li- 
berti. The same remark applies to the observa- 
tions of Gaius (i. 28) on the same subject (Quibus 
modis Latini ad Civitatem Romanam perveniant). 
In speaking of the mode of acquiring the civitas 
by means of Liberi, Gaius speaks of a Latinus, that 
is, a Libertus Latinus, marrying a Roman citizen, 
or a Latina Coloniaria, or a woman of his own con- 
dition, from which it is clear that all his remarks 
under this head apply to Liberti Latini ; and it 
also appears that Gaius speaks of the Latini Colo- 
niarii as a class existing in his time. Neither 
Ulpian nor Gaius says any thing on the mode by 
which a Latinus Coloniarius might obtain the Civi- 
tas Romana. 

Savigny's opinions on the nature of the La- 
tinitas are further explained in the eleventh 
number of the Zeitschrift (Naclitr'dge zu den 
frulieren Arbeiten). Richard of Cirencester, in 
his work De Situ Britanniae, speaks of ten cities 
in Britain, which were Latio jure donatae ; and 
this is a complete proof, independent of other 
proofs, that Richard compiled his work from 
genuine materials. The expression " Latium Jus" 
could not be invented by a monk, and he here 
used a genuine term, the full import of which 
he certainly could not understand. See also Civis, 
Libertus, Manumissio. [G. L.] 



LATRUNCULI. 

LATROCI'NIUM, LATRO'NES. Armed 
persons, wbo robbed others abroad on the public 
roads, or elsewhere, were called Latrones, and their 
crime Latrocinium. Murder was not an essential 
part of the crime, though it was frequently an ac- 
companiment. (Sen. deBen.y. 14 ; Festus, p. 118, 
ed. Muller ; Dig. 49. tit. IS. s. 24, SO. tit. 16. 
s. 118.) Under the republic, Latrones were appre- 
hended by the public magistrates, such as consuls 
and praetors, and forthwith executed (Liv. xxxix. 
29, 41). By the Lex Cornelia de Sicariis of the 
dictator Sulla, they were classed with sicarii, and 
punished with death, and this law continued in 
force in the imperial period (Paulus, v. 23 ; Dig. 
48. tit, 19. s. 28. § 15 ; Sen. de Clem. ii. 1, Epist. 
7 ; Petron. 91). The Grassatores were another 
kind of robbers, who robbed people in the streets 
or roads. The name seems to have been originally 
applied to those robbers, who did not carry arms, 
and who followed their trade alone. They appear' 
to have been classed with the sicarii by the Lex 
Cornelia ; and if they used arms or were united 
with others in committing the robbery, they were 
punished in the same manner as latrones (Cic. de 
Fato, 15 ; Suet. Oct. 32 ; Dig. 48. tit. 19. s. 28. 
§ 10). Comp. Rein, Das Criminalrecht der Romsr, 
pp. 424—426. 

LATRU'NCULI (ireoW, >H4>oi), draughts. 
The invention of a game resembling draughts was 
attributed by the Greeks to Palamedes (Abacus, 
§ 5). The game is certainly mentioned by Homer, 
who represents the suitors of Penelope amusing 
themselves with it. (Od. i. 107.) Others ascribed 
the invention to the Egyptian Theuth (Plat. 
Phaedr. p. 274 d.) ; and the paintings in Egyptian 
tombs, which are of far higher antiquity than any 
Grecian monuments, not unfrequently represent 
persons employed in this recreation. The paint- 
ing, from which the accompanying woodcut is 
taken, is on a papyrus preserved in the Museum 
of Antiquities at Leyden, and was probably made 
about 1700 years B.C. It is remarkable that a 
man is here represented playing alone ; whereas 
not only in works of Egyptian art, but also on 
Greek painted vases, we commonly observe two 
persons playing together. For this purpose there 




were two sets of men, one set being black, the 
other white or red. Being intended to represent 
a miniature combat between two armies, they were 
called soldiers (milites, Ovid. Trist. ii. 477), foes 
(hostes), and marauders (latrones, dim. latrunculi, 
Ovid. Art. Amat. ii. 208, iii. 357 ; Mart. xiv. 



LAUTUMIAE. 

20 ; Sen. Epist. 107) ; also Calculi, because 
stones were often employed for the purpose. (Gell. 
xiv. 1.) Sometimes they were made of metal or 
ivorv, glass or earthenware, and they were vari- 
ous and often fanciful in their forms. The object 
of each player was to get one of his adversary's 
men between two of his own, in which case be 
was entitled to take the man kept in check (Ovid, 
U. cc; Mart. xiv. 17), or, as the phrase was, ulli- 
yatus (Sen. Epist. 118). Some of the men were 
obliged to be moved in a certain direction (ordine), 
and were therefore called ordinurii; others might 
be moved any way, and were called vagi (Isid. 
Oriij. xviii. 67) ; in this respect the game resem- 
bled chess, which is certainly a game of great 
antiquity. 

Seneca calls the board on which the Romans 
played at draughts, tabula latruncularia (Epist. 
118). The spaces into which the board was 
divided were called mandrae. (Mart. viL 71.) The 
abacus, represented at page 1, is crossed by five 
lines. As five men were allowed on each side, we 
may suppose one player to arrange his five men on 
the lines at the bottom of the abacus, and the other 
to place his five men on the same lines at the top, 
and we shall have them disposed according to {he 
accounts of ancient writers (Eti/mol. Mag. t. v. 
Tltoooi : Pollux, ix. 97 : Eustath, in Hum. I. c), 
who say that the middle line of the five was called 
Ufia ip&nnt). But instead of five, the Greeks and 
Romans often had twelve lines on the board, 
whence the game so played was called duodecim [ 
scripta. (Cic. de Oral. i. 50 ; Quintil. xL 2 ; Ovid, 
Art.Amut. iiL 363.) Indeed there can be little 
doubt that the latrunculi were arranged and played 
in a considerable variety of ways, as is now the 
case in Egypt and other Oriental countries. (Nie- 
buhr, Heisebeschr. nach Arabien, vol. i. p. 1 72.) 

Bcsidei playing with draughtsmen only, when 
the game was altogether one of skill, the ancients 
used dice (Tesserae, kvSoI) at the Bame time, so 
as to combine chance with skill, as we do in back- 
gammon or tric-trac. (Tor. Adelph. iv. 7. 23 ; 
Isid. Orig. xviii. CO ; Brunck, An. iii. CO ; Becker, I 
Callus, vol. ii. p. 228, 4cc.) [J. Y.] 

LATUS CLAVUS. [Clavus Laths.] 

LAI'DATIO FL'NEBRIS. ( Fixi p.jjya.] 

I. A I'RENTA'LI A. [ Laiiext.vi.ia. J 

LAU'TIA. [Lkoatus.] 

LA L'TU'MIAE, LAUTO'MIAE, LATO'- 
M I A K, or LATU'MIAE (AiOoro/iiai or AaTo^i'ai, 
Lit. fjipicidinae), arc literally places where stones 
arc cut, or quarries ; and in this sense the word 
AoT.».uioi was used by the Sicilian Greeks. (Pscudo- 
A scun. '/'/ t ic. r. I'err. ii. 1. p. 161, cd. Orelli ; 
compare Diodor. Sic. xi. 25 ; Plant. I'm-nnL iv. 
■>, Oapt, iii. 5. 65; Festus, s.v. httumiue.) In 
particular, however, the name lautumiae was given 
tn the public prison of Syracuse. It lay in the 
steep and almost inaccessible part of the town 
which was called Epipolae, and had been built by 
Dionysius the tyrant. (Aelian. V. II. xii. 44 ; Cic. 
«'. \\ rr. v. 55.) Cicero, who had undoubtedly 
seen it himself, describes it (c. Verr. v. 27) as an 
immense and magnificent work, worthy of kings 
ami t\ nints. It was cut to an immense depth into 
the solid rock, so that nothing could lie imagined 
to be a infer or stronger prison than this, though it 
hnd no roof, nnd thus left the prisoners exposed to 
the heat of the sun, the rain, nnd the coldness of 
the nights. (Compare Thucyd. rii. 87.) The 



LECTICA. 671 
whole wa3 a stadium in length, and two plethra in 
width. (Aelian. /. c.) It was not only used as a 
prison for Syracusan criminals, but other Sicilian 
towns also had their criminals often removed to it. 

The Tullianum at Rome was also sometimes 
called lautumiae. [Carcer.] [L. S.] 

LECTI'CA (KX'tm), kMv'iZiov, or tpopfioy) was a 
kind of couch or litter, in which persons, in a lying 
position, were carried from one place to another. 
They may be divided into two classes, viz., those 
which were used for carrying the dead, and those 
which served as conveniences for the living. 

The former of these two kinds of lecticae (also 
called lectica funebris, lecticula, lectus funebris, 
feretrum or capulum), in which the dead were car- 
ried to the grave, seems to have been used among 
the Greeks and Romans from very early times. In 
the beauty and costliness of their ornaments these 
lecticae varied according to the rank and circum- 
stances of the deceased. [FlTNUB, p. 559 a.] The 
lectica on which the body of Augustus was carried 
to the grave, was made of ivory and gold, and was 
covered with costly drapery worked of purple and 
cold. (Dion Cass, hi 34 ; compare Dionys. Ant. 
Horn. iv. 76 ; Corn. Nepos, Att. 22. § 2 ; Tacit. 
Hist. iii. G7.) During the latter period of the 
empire public servants (lecticarii) were appointed 
for the purpose of carrying the dead to the grave 
without any expense to the family to whom the 
deceased belonged. (Novell. 43 and 59.) Repre- 
sentations of lecticae funebres have been found on 
several sepulchral monuments. The following wood- 
cut represents one taken from the tombstone of 
M> Antonius Antius Lupus. 




(Compare Lipsius, Elect, i. 19 ; Scheffer, De lie 
Vehiculari, ii. 5. p. 89 ; Gruter, fnscript. p. 95 I. 
8 ; liiittigcr, Sabina, vol. ii. p. 200 ; Agyafalva, 
Wanderungen durch Pompeii.) 

Lecticae for sick persons and invalids seem like- 
wise to have been in use in Greece and at Rome 
from very early times, and their construction pro- 
bably differed very little from that of a lectin 
funebris. (Liv. ii. 3C ; Aurel. Vict. De Vir. III. c. 
34.) We also frequently read thnt generals in 
their camps, when they had received a severe 
wound, or when they were suffering from ill health, 
made use of a lectica to be carried from one place 
to another. (Liv. xxiv. 42 ; Val. Max. ii. 8. § 2 ; 
i. 7 ; Sucton. Aug. 91.) 

Down to the time of the firncchi we do not hear 
that lecticae were used at Rome for any Other pur- 
poses than those mentioned above. The Greeks, 
however, had long been familiar with n different 
kind of lectica (kAiit) or (poptiov), which wns in- 
troduced nmong them from Asia, nnd which was 
more an article of luxury thnii anything to supply 
an nctunl want. It consisted of n bed or mattress 
nnd a pillow to support the head, placed upon a 
kind of bedstead or couch. It hnd a roof- consist- 
ing of the skin of an ox, extending over the couch 
nnd resting on four posts. The sides of this lec- 
tica were covered with curtains (atiAm'ai). It np- 



672 



LECTICA. 



LECTICA. 



pears to have been chiefly used by women (Suid. 
s. v. <poptiov), and by men only when they were 
in ill health. (Anacr. ap Athen. xii. p. 533, &c. ; 
Plut. Pericl. 27 ; Lysias, De Vuln. Proem, p. 1 72 ; 
Andocid. DeMyst. p. 30 ; Plut. Eumen. 14.) If 
a man without any physical necessity made use of 
a lectica, he drew upon himself the censure of his 
countrymen as a person of effeminate character. 
(Dinarch. c. Demoslh. p. 29.) But in the time 
subsequent to the Macedonian conquests in Asia, 
lecticae were not only more generally used in 
Greece, but were also more magnificently adorned. 
(Plut. Arat. 17.) The persons or slaves who car- 
ried their masters or mistresses in a lectica were 
called <popea<p6poi (Diog. Laert. v. 4. § 73), and 
their number was generally two or four. (Lucian, 
Epist. Saturn. 28 ; Somn. s. Gall. 10 ; Cyn. 9 ; 
compare Becker, ChariMes, ii. p. 71, &c.) When 
this kind of lectica was introduced among the 
Romans, it was chiefly used in travelling, and only 
very seldom in the city of Rome itself. The first 
trace of such a lectica is in a fragment of a speech 
of C. Gracchus, quoted by Gellius (x. 3). From 
this passage it seems evident that this article of 
luxury was introduced into Italy from Asia, and 
that at the time scarcely any other lectica than the 
lectica funebris was known to the country people 
about Rome. It also appears from this passage 
that the lectica there spoken of was covered ; other- 
wise the countryman could not have asked whether 
they were carrying a dead body. (Compare Cic. 
Philip, ii. 45 ; Plut. Cic. 48 ; Dion Cass, xlvii. 10.) 
The resemblance of such a lectica used by the Ro- 
mans to that which the Greeks had received from 
Asia is manifest from the words of Martial (xi. 
98) : lectica tuta petle veloque. It had a roof con- 
sisting of a large piece of skin or leather expanded 
over it and supported by four posts, and the sides 
also were covered with curtains (vela, plague, or 
plagulae ; compare Senec. Suas. i. 6 ; Suet. Tit. 10). 
During the time of the empire, however, the cur- 
tains were not thought a sufficient protection for a 
lectica ; and, consequently, we find that lecticae used 
by men as well as women, were closed on the sides 
with windows made of transparent stone [lapis 
specularis), whence Juvenal (iv. 20) calls such a 
lectica an antrum clausum lutis specularibus. (Com- 
pare Juv. iii. 239.) We sometimes find mention 
of a lectica aperta (Cic. Phil. ii. 24), but we have 
no reason to suppose that in this case it had no 
roof, for the adjective aperta probably means no- 
thing more than that the curtains were removed, 
t. e. either thrown aside or drawn up. The 
whole lectica was of an oblong form, and the per- 
son conveyed in it lay on a bed, and the head 
was supported by a pillow, so that he might 
read and write in it with case. To what extent 
the luxury of having a soft and pleasant bed in a 
lectica was carried, as early as the time of Cicero, 
may be seen from one of his orations against 
Verres (v. 11). Feather-beds seem to have been 
very common. (Juv. i. 159, &c.) The frame- 
work, as well as the other appurtenances, were, 
with wealthy persons, probably of the most costly 
description. The lectica, when standing, rested on 
four feet, generally made of wood. Persons were 
carried in a lectica by slaves (lecticarii) by means 
of poles (asseres) attached to it, but not fixed, so 
that they might easily be taken off when neces- 
sary. (Sueton. Calig. 58 ; Juv. vii. 122, iii. 245 ; 
Martial, ix. 23. 9.) There can be no doubt that the 



asseres rested on the shoulders of the lecticarii, and 
not on thongs which passed round the necks of these 
slaves and hung down from their shoulders, as 
some modern writers have thought. (Senec. Epist. 
80. 110; Tertull. ad Uxor. i. 4; Clem. Alex. 
Paedag. iii. 4 ; Juv. iii. 240, ix. 142.) The act 
of taking the lectica upon the shoulders was called 
succollare (Plin. H. N. xxxv. 1 ; Sueton. Claud. 
10), and the persons who were carried in this 
manner were said succollari (Sueton. Otho. 6). 
From this passage we also learn that the name 
lecticarii was sometimes incorrectly applied to those 
slaves who carried a person in a sella or sedan- 
chair. The number of lecticarii employed in carry- 
ing one lectica varied according to its size, and the 
display of wealth which a person might wish to 
make. The ordinary number was probably two 
(Petron. Sat. 56 ; Juv. ix. 142) ; but it varied from 
two to eight, and the lectica is called hexaphoron 
or octophoron, accordingly as it was carried by six 
or eight persons. (Juv. i. 64 ; Mart. ii. 81, vi. 77 ; 
Cic. c. Verr. v. 11, ad Quint, ii. 10.) Wealthy 
Romans kept certain slaves solely as their lecticarii 
(Cic. ad Fam. iv. 12) ; and for this purpose they 
generally selected the tallest, strongest, and most 
handsome men, and had them always well dressed. 
In the time of Martial it seems to have been cus- 
tomary for the lecticarii to wear beautiful red live- 
ries. The lectica was generally preceded by a slave 
called anteambnlo, whose office was to make room 
for it. (Martial, iii. 46 ; Plin. Epist. iii. 14 ; com- 
pare Becker, Gallus, i. p. 213, &c.) 

Shortly after the introduction of these lecticae 
among the Romans, and during the latter period of 
the republic, they appear to have been very com- 
mon, though they were chiefly used in journeys, and 
in the city of Rome itself only by ladies and in- 
valids. (Dion Cass. lvii. 17.) But the love of this 
as well as of other kinds of luxury increased so 
rapidly, that Julius Caesar thought it necessary to 
restrain the use of lecticae, and to confine the pri- 
vilege of using them to certain persons of a certain 
age, and to certain days of the year. (Sueton. 
Cues. 43.) 

In the reign of Claudius we find that the privilege 
of using a lectica in the city was still a great dis- 
tinction, which was only granted by the emperor 
to his especial favourites. (Suet. Claud. 28.) But 
what until then had been a privilege became gra- 
dually a right assumed by all, and every wealthy 
Roman kept one or more lecticae, with the requisite 
number of lecticarii. The emperor Domitian, how- 
ever, forbade prostitutes the use of lecticae. (Suet. 
Domit. 8.) Enterprising individuals gradually be- 
gan to form companies (corpus lecticariorum), and 
to establish public lecticae, which had their stands 
(castra lecticariorum) in the regio transtiberina, 
and probably in other parts also, where any one 
might take a lectica on hire. (Victor, De Regionih. 
Urb. Rom. in Graevii Thesaur. iii. p. 49 ; Martial, 
iii. 46.) The persons of whom these companies 
consisted, were probably of the lower orders or 
freedmen. (Compare Gruter, Inscript. 599. 11, 
600. 1.) 

The lecticae of which we have hitherto spoken, 
were all portable, i. e. they were constructed in 
such a manner that the asseres might easily be 
fastened to them whenever it was necessary to 
carry a person in them from one place to another. 
But the name lectica, or rather the diminutive l'ec- 
ticula, was also sometimes applied to a kind of 



LECTUS. 

sofa, which was not moved out of the bouse. 
On it the Romans frequently reclined for the pur- 
pose of reading or writing, for the ancients when 
writing seldom sat at a table as we do, but generally 
reclined on a couch ; in this posture they raised 
one knee, and upon it they placed the parchment 
or tablet on which they wrote. From this kind of 
occupation the sopha was called lecticula lucubra- 
toria (Suet, Aug. 78), or more commonly lectulus. 
(Plin. Epist.v. 5 ; Ovid, Trist. i. 11. 3«"; compare 
Alstorph, De Lecticis Veterum Diairiba, Amster- 
dam, 1704.) [L. S.] 

LECTICA'RII. [Lectica.] 

LrXTISTE'RNIUM. Sacrifices being of the 
nature of feasts, the Greeks and Romans on occa- 
sion of extraordinary solemnities placed images of 
the gods reclining on couches, with tables and 
viands before them, as if they were really partaking 
of the things offered in sacrifice. This ceremony 
was called a lectisternium. Three specimens of 
the couche3 employed for the purpose are in the 
Glyptotek at Munich. The woodcut here intro- 
duced exhibits one of them, which is represented 
with a cushion covered by a cloth hanging in 
ample folds down each side. This beautiful pul- 
vinur (Sueton. Jul. 76 ; Com. Nep. Timoth. '2\ is 
wrought altogether in white marble, and is some- 




what more than two feet in height. At the 
Kjmlum Juris, which was the most noted lecti- 
sternium at Rome, and which was celebrated in the 
Capitol, the statue of Jupiter was laid in a reclining 
posture on a couch, while those of Juno and 
Itinera were seated on chairs by his side ; and 
this distinction was observed in allusion to the 
ancient custom, according to which only men re- 
clined and women sat at table. (VaL -Max. ii. 1. 
§ 2.) Nevertheless it is probable that at a later 
period both god* and goddesses were represented 
in the same position : at least four of them, viz. 
Jupiti-r Si-rapis and Juno or Isis, together with 
Ajiollo and Diana, are so exhibited with a table 
before them on the handle of a Roman lamp en- 
graved by Hartoli. {Luc. AnLiLM.) Livy (v. 13) 
gives an account of a very splendid lectisternium, 
which he asserts to have been the origin of the 
practice, [j. Y.] 

LECTUS (A«'x»i, KKlvr), *iW)), a bod. In the 
heroic ages of (ireece beds wen- very simple ; the 
bedsteads, however, ore sometimes represented as 
mm i MHU d (rjnfTa A»'x«a, //. iii. 44K ; compare 
IMyu. xxiii. 219, Ace). The principal parts of a 
DM MR the xAai.-oi and l>irya (Odyss. xix. 337); 
the former were a kind of thick woollen cloak, 
MBMOHMt coloured, which was in bad weather 
worn bjf Ban over their x'twk, and wns sometimes 
spread over n chair to render the scat soft. That 



LECTUS. 673 
these %Xaivou served as blankets for persons in 
their sleep, is seen from Odyss. xiv. 488, 500, 504, 
513, 529, is. 4. The pyyta, on the other hand, 
were probably a softer and more costly kind of 
woollen cloth, and were used chiefly by persons of 
high rank. They were, like the x^ a "' <u , some- 
times used to cover the seat of chairs when persons 
wanted to sit down. (Odyss. x. 352.) To render 
this thick woollen stuff less disagreeable, a linen 
cloth was sometimes spread over it. (Odyss. xiii. 
73.) It has been supposed that the pyyta were 
pillows or bolsters ; but this opinion seems to be 
refuted by the circumstance that, in Odyss. vi. 
38, they are described as being washed without 
anything being said as to any operation which 
would have necessarily preceded the washing had 
they been pillows. Beyond this supposition re- 
specting the irhyea, we have no traces of pillows 
or bolsters being used in the Homeric age. The 
bedstead (Ae'x oJ » Xinrpov, S(fiviov) of persons of 
high rank was covered with skins (Kwea) upon 
which the pyyea were placed, and over these linen 
sheets or carpets were spread ; the x* "' , lastly, 
served as a cover or blanket for the sleeper. (Odyss. 
iv. 296, &.c. ; //. xxiv. 643, &c ; ix. 6G0, &c.) 
Poor persons slept on skins or beds of dry herbs 
spread on the ground. (Odyss. xiv. 519 ; xx. 139, 
&.c. ; xi. 188, &c. ; compare Nitzsch, zur Odyss. 
vol. i. p. 210.) These simple beds, to which shortly 
after the Homeric age a pillow for the head was 
added, continued to be used by the poorer classes 
among the Greeks at all times. Thus the bed of 
the orator Lycurgus is said to have consisted of 
one sheep-skin (kw&iov) and a pillow. (Plut. Vit. 
Dec. Oral. Lycurg. p. 842. c. ) But the complete 
bed («uWj) of a wealthy Greek in later times, 
generally consisted of the following parts : kAivtj, 
in'novoi, TvKtiov or KviipaKov, irpo<TKt<pd\ftov, and 

(TTpu/iaTCL. 

The K\lyj) is properly speaking only the bed- 
stead, and seems to have consisted only of posts 
fitted into one another and resting upon four feet. 
At the head part alone there was a board (avaK\tv- 
rpou or 4iciK\tvTpoy) to support the pillow and pre- 
vent its falling out. Sometimes the avaKKin pov 
was wanting, as we see in drawings on ancient 
vases. (Pollux, x. 34, vi. 9.) Sometimes, however, 
the bottom part of a bedstead was likewise pro- 
tected by tne board, 90 that in this case a Greek 
bedstead resembled a modem so-called French bed- 
stead. The (cAinj was generally made of wood, 
which in quality varied according to the means of 
the persons for whose use it was destined ; for in 
some cases we find that it was made of solid 
maple or box-wuod, or veneered with a coating of 
these more expensive wood*. At a later period, 
bedsteads were not only made of solid ivory or 
veneered with tortoise-shell, but sometimes had 
silver feet, (Pollux, I. c. ; Aclian, P. //. xii. 29 ; 
Athen. vi. p. 255.) 

The bedstead was provided w ith girths (toVoi, 
iirWovoi, mipia) on which the bed or mattress 
(Kvi(pa\ov, TvKt'iov. koivus or tvAtj) rested ; in- 
stead of these girths poorer people used strings. 
(Aristoph. Av. 814, with the Schol.) The cover 
or ticking of a mattress was made of linen or wool- 
len cloth, or of leather, and the usual material w ith 
which it was filled (t! in6ah\6ixti/uv, -xAiipaifia, 
or yvajpa\on) was either wool or dried weeds. At 
the head part of the bed, nod supported by the 
iw'utKutpov, lay a round pillow (irpoOKHpdAtiov) 



674 



LECTUS. 



LECTUS. 



to support the head ; and in some ancient pictures 
two other square pillows are seen, which were in- 
tended to support the back. The covers of such 
pillows are striped in several pictures on ancient 
vases (see the woodcut under Symposium), and 
were therefore probably of various colours. They 
were undoubtedly filled with the same materials 
as the beds and mattresses. 

The bed-covers, which may be termed blankets 
or counterpanes, were called by a variety of names, 
such as ■KipiGTpt&jxa/ra, VTvoo~Tp<l>jxaTa, eiriShiinaTa, 
(pearpiSes, xkaivai, a/xtyteaTpiSes, eTn£6haia, 8a- 
inSes, ipi\o$dwioe s, |u(m'Ses, xP"(r6TraaToi,TdTvriT€S 
or ajU^iTCHTTjTey. The common name, however, was 
<TTpd>n<xTa. They were generally made of cloth, 
which was very thick and woolly either on one 
or on both sides. (Pollux, vi. 9.) It is not 
always easy to distinguish whether the ancients, 
when speaking of K\ivcu, mean beds in our sense 
of the word, or the couches on which they lay at 
meal times. We consequently do not know whe- 
ther the descriptive epithets of K\ivai, enumerated 
by Pollux, belong to beds or to couches. But this 
matters little, as there was scarcely any difference 
between the beds of the ancients and their couches, 
with this exception, that the latter being made for 
appearance as well as for comfort, were, on the 
whole, undoubtedly more splendid and costly than 
the former. Considering, however, that bedsteads 
were often made of the most costly materials, we 
may reasonably infer that the coverings and other 
ornaments of beds were little inferior to those of 
couches. Notwithstanding the splendour and com- 
fort of many Greek beds, the Asiatics, who have 
at all times excelled the Europeans in these kinds 
of luxuries, said that the Greeks did not under- 
stand how to make a comfortable bed. (Athen. ii. 
p. 48 ; Plut. Pelop. 30.) The places most cele- 
brated for the manufacture of splendid bed-covers 
were Miletus, Corinth, and Carthage. ( Aristoph. 
Ran. 410, 542, with the Schol. ; Lysistr. 732 ; 
Cic. c. Verr. i. 34 ; Athen. i. pp. 27, 28.) It ap- 
pears that the Greeks, though they wore night- 
gowns, did not simply cover themselves with the 
(TTpiUjuara, but wrapt themselves up in them. Less 
wealthy persons continued, according to the ancient 
custom, to use skins of sheep and other animals, 
especially in winter, as blankets. (Pollux, x. 123 ; 
Aristoph. Nub. 10.) 

The bedsteads of the poorer classes are de- 
signated by the names ati'ifi-novs, aCKavrris, and 
KpaSSa/ros, and an exaggerated description of such 
a bed is given by Aristophanes. (Plut. 540, 
&c. ; compare Lysistr. 916.) The words x<ty«"*''J 
and x a V-*v vl0V i which originally signified a bed of 
straw or dry herbs made on the ground (Theocrit. 
iii. 33 ; Plut. Lycurg. 16), were afterwards ap- 
plied to a bed which was only near the ground, 
to distinguish it from the KXivq which was gene- 
rally a high bedstead. Xajxzvvia were the usual 
beds for slaves, soldiers in the field, and poor 
citizens, and the mattresses used in them were mere 
mats made of rushes or bast. (Pollux, I. c, and 
vi. 11; Becker, Chariltles, vol. ii. pp. 114 — 122 ; 
Pollux, x. c. 7, 8, vi. 1.) 

The beds of the Romans (lecti aibiculares) in the 
earlier periods of the republic were probably of the 
same description as those used in Greece ; but to- 
wards the end of the republic and during the em- 
pire, when Asiatic luxuries were imported into 
Italy, the richness and magnificence of the beds of 



the wealthy Romans far surpassed everything we 
find described in Greece. The bedstead was ge- 
nerally rather high, so that persons entered the 
bed (scandere, ascendere) by means of steps placed 
beside it (scamnum, Varro, de Ling. Lat. v. 1 68, 
Miiller ; Ovid. Fast. ii. 349, &c.). It was some- 
times made of metal, and sometimes of costly kinds 
of wood or veneered with tortoise-shell or ivory ; its 
feet (fulcra') were frequently of silver or gold. 
(Plin. xvi. 43 ; Mart. xii. 67 ; Juv. xi. 94.) The 
bed or mattress (culcita and torus) rested upon 
girths or strings {restcs, fasciae, institae, or fines) 
which connected the two horizontal side-posts of 
the bed. (Cic. de Bin. ii. 65 ; Mart. v. 62 ; 
Petron. 97 ; compare Horat. Epod. xii. 1 2 ; Cato, 
de Re Rust. c. 10.) In beds destined for two 
persons, the two sides are distinguished by different 
names ; the sides at which persons entered was 
open, and bore the name oisponda; the other side, 
which was protected by a board, was called pluteus. 
(Isidor. xx. 11. p. 629, ed. Lindemann.) The two 
sides of such a bed are also distinguished by the 
names torus exterior and torus interior, or sponda 
exterior and sponda interior (Ovid. Amor. iii. ] 4. 
32 ; Sueton. Caes. 49) ; and from these expres- 
sions it is not improbable that such lecti had two beds 
or mattresses, one for each person. Mattresses were 
in the earlier times filled with dry herbs (Varro, 
I. c. ; Ovid. Fast. i. 200 and 205), or straw (Horat. 
Sat. ii. 3. 117 ; Mart. xiv. 160 ; Senec. De Vit. 
Beat. c. 25), and such beds continued to be used 
by the poor. But in subsequent times wool, and 
at a still later period, feathers were used by the 
wealthy for the beds as well as the pillows. (Plin. 

H. N. viii. 48, x. 22 ; Plaut. Mil. Glor. iv. 4. 
42 ; Cic. Tusc. iii. 19 ; Mart. xiv. 161 and 159.) 
The cloth or ticking (operimentum or involucrum), 
with which the beds or mattresses were covered, 
was called toral, torale, linteum, or segestre. (Horat. 
Sat. ii. 4. 84, Epist. i. 5. 21 ; Varro, I.e.) The 
blankets or counterpanes (vestes stragulae, stragula, 
peristromata, peripetasmata) were in the houses of 
wealthy Romans of the most costly description, 
and generally of a purple colour (stragula conchylio 
tincta, peristromata conchyliata, coccina stragula) 
and embroidered with beautiful figures in gold. 
Covers of this sort were called peripetasmata 
Attalica, because they were said to have been 
first used at the court of Attalus. (Plin. H. N. 

I. e. ; Cic. c.Verr. iv. 12, 26, Philip, ii. 27 ; Mart, 
ii. 16.) The pillows were likewise covered with 
magnificent casings. Whether the ancients had 
curtains to their beds is not mentioned any- 
where ; but as curtains, or rather a kind of canopy 
(aulaca), were used in the lectus tricliniaris (Horat. 
Carm. iii. 29. 15, Sat. ii. 8. 54) for the puipose 
of preventing the dust falling upon the persons 
lying on it, it is not improbable that the same or 
a similar contrivance was used in the lectus cubi- 
cularis. 

The lectus genialis or adversus was the bridal 
bed which stood in the atrium, opposite the janua, 
whence it derived the epithet adversus. (Horat. 
Epist. LI. 87 ; Festus, s. v. ; comp. Domus, 
p. 428, a.) It was generally high, with steps by 
its side, and in later times beautifully adorned. 
(Gellius, xvi. 9 ; Lucan. ii. 356 ; Cic. pro Cluent. 
c. 5.) 

Respecting the lectus funebris see the articles 
Funus and Lectica. An account of the dis- 
position of the couches used at entertainments, and 



LEGATUM. 

of the place which each guest occupied, is given 
under Triclinium. (Becker, Callus, vol. i. p. 42, 
ttc) [L. SL] 

LE'CYTHUS (kyicv8os),a small narrow-mouthed 
■vessel, the principal use of which was to hold oil, 
for anointing after the bath, and in the palaestra. 
It was sometimes of leather, but more often of 
earthen-ware. Numerous terra-cotta vessels of 
this sort exist, of an oval shape, holding about a 
pint, generally painted a plain dark brown or black, 
but sometimes a bright colour, while a few ex- 
amples are adorned with beautifully executed paint- 
ings. Most of them are the productions of the 
Athenian potteries. (Horn. Od. vi. 79 ; Krause, 
Gymn. u. Agon. vol. i. p. 189, and in Pauly's 
lieal-Encgclopiidie, s. v.) [P. S.] 

LEGATIO LI'BERA. [Legatus, p. G78, b.] 

LEGA'TUM is defined (Dig. 30. s. 116) to be 
" delibatio hercditatis qua testator ex eo quod uni- 
versum heredis foret alicui quid collatum velit." 
This singular succession presupposes a universal 
succession, for if there is no heres ex tcstamento 
or person loco heredis, there can be no legacy. A 
Legatum then is a part of the hercditas which a 
testator gives out of it, from the heres (ab herede) ■ 
that is, it is a gift to a person out of that whole 
(univcrsum) which is diminished to the heres by 
such gift. Accordingly the phrase " ab herede 
Icgnre " thus becomes intelligible. (Dig. 30. 
s. 1 lb" ; u ei testamento legat grandem pecuniam a 
filio,'" Cic. pro Cluent. 12.) A legatee could not 
be charged with the payment of a legacy out of 
what was given to him, a rule of law which was 
thus expressed, " A legatario legari non potest." 
A legatum was something given according to the 
Jus Civile, and therefore could only be given in 
civilia verba, and in Latin. [Testamkntum.] 

The word " Legatum," from the verb lego, con- 
tains the same element as Lex. Lego has the 
sense of appointing or disposing of a matter, as in 
the phrase " legatum negotium " (Plaut. Cos. i. 1. 
12) ; and it is used in the Twelve Tables to ex- 
press generally a testator's disposition of his pro- 
perty (uii legassil, &c). Ulpian accordingly 
explains the word Legatum by referring to its 
etymology, and likening a Legatum to a Lex pro- 
perly so called. " A Legatum," he says, " is that 
which is left by a testament, legis modo, that is, 
iiii/»-rutiee ; for those things which are left pre- 
eOMO nic/o, arc called Fidcicommissa." {Frag, 
tit. 24.) A legatee was named legalaritis ; those 
to whom a thing was given jointly (conjunctim) 
were collegntarii. A legacy which was legally 
valid or good, was legatum utile; a void legacy was 
intuit*. A legacy which was given absolutely or 
unconditionally, was said to be given pure; one 
which was given conditionally was said to be given 
mil/ ' imilitionr,. The expression puruni legatum, an 
unconditional legacy, also occurs. (Dig. 36. tit. 2. 
•. .5.) 

Gains apologizes for treating of Legata in that 
part of his Institutional work in which he has 
placed them. In the first ninety-six chnpters of his 
second book he treats of the acquisition of property 
in Kes singula •, to which class legacies belong. 
But as the matter of legacies is not intelligible 
without reference to the matter of hercditas or 
universal succession, he places the law of legacies 
(liner juris materia) immediately after that of 
hercditas. 

There were fnur Civil forms in which ft legacy 



LEGATUM. 675 

could be left : Per Vindicationem, Per Damna- 
tionem, Sinendi modo, Per Praeceptionem. 

A legatum per vindicationem was given in these 
words: " Hominem Stichum Do, Lego;" or the 
words might be with reference to the legatee, 
" Capito, Sumito, Sibi Habeto." A legatum per 
vindicationem was so called with reference to the 
legal means by which the legatee asserted his right 
to the legacy against the heres or any possessor, 
which was by a vindicatio or an Actio in rem ; for 
as soon as the Hereditatis aditio had taken place, 
the legatee had the Quiritarian (ex jure Quiri/ium) 
ownership of the legacy. The two schools raised 
a question as to this, Whether under such circum- 
stances, the legatee obtained the Quiritarian owner- 
ship of the thing before he had consented to take 
it. The opinion of the Proculiani who contended 
for such consent, was confirmed by a Constitution 
of Antoninus Pius (Gaius, ii. 195). It was con- 
sistent with the nature of the Per Vindicationem, 
that those things only could be so given, in which 
the testator had Quiritarian ownership: and it was 
also necessary that he should have such owner- 
ship both at the time of making his will and at 
the time of his death ; otherwise the legacy was 
void (inuti/e). But there was an exception in 
respect of things " quae pondere, numero, men- 
sura constant," as wine, oil, com, and the pre- 
cious metals in the form of coin (pecuitia ntimc- 
rata), in regard to which it was sufficient if the 
testator had the Quiritarian ownership at the 
time of his death. By a senatusconsultum of the 
time of Nero, it was enacted that if a testator left 
a thing as a legacy, which had never been his, the 
legacy should be equally good as if it had been 
left in the form most advantageous to the legatee 
(optima jure), which form was the Legatum per 
damnationem. But if a testator gave a tiling of his 
own by a testament, which he afterwards alienated, 
it was the best opinion that the legacy was inutile 
by the Jus Civile, and that the Senatusconsultum 
did not make it good. If the same thing was 
given to more than one person either jointly (con- 
junclim) so as to make them collegatarii, or se- 
verally (disjunciim), each took an equal share. A 
legatum was given conjuttetim thus : " Titio et Seio 
hominem Stichum do, lego;" disjunciim, thus: 
•' Titio hominem Stichum do, lego ; Seio enndem 
hominem do, lego." If one collegatarius failed to 
take, his portion went to the others. In the case 
of a conditional legacy left per vindicationem, the 
schools were divided in opinion : the Sabiniani 
said that it was the property of the heres during 
the pendency of the condition ; the Proculiani said 
that it was " res nullius." 

The form of the Per damnationem was this : 
Heres meus Stichum servum meum dare damnas 
csto ; but the word Dato was equally effective. A 
thing which belonged to another (aliena res) could 
be thus left, and the heres was bound to procure 
the thing for the legatee or to pay him the valuo 
of it. A thing not in existence nt the date of the 
will might be left by this form, as the future pro- 
duce of a female slave (anrilln). The legatee did 
not acquire the Quiritarian ownership of the legacy 
by virtue of the hereditatis aditio: the thing still 
remained the property of the heres, but the effect 
of the legatum was to establish an obligatio be- 
tween the heres and the legatee, who could suu 
for it by an Actio in personam. If it was a thing 
Mancipi, the legatee could only acquire the Quiri- 
x x 2 



676 



LEGATUM. 



LEGATUM. 



tai'ian ownership of it by Mancipatio or In jure 
cessio from the heres : if it was merely delivered, 
the legatarius only acquired the complete owner- 
ship (plenum jus) by usucapion. If the same 
thing was left to two or more conjunctim, each 
had an equal share ; if (lisjunctim, the heres was 
bound to give the thing to one and its value to the 
•rest. In the case of a gift conjunctim the share of 
the legatee who failed to take, belonged to the 
hereditas ; but the Lex Papia made it caducum, 
and gave it first to a collegatarius who had 
children, then to the heredes who had children, 
and then to the other legatees who had children 
(legatarii), a privilege which Juvenal alludes to 
(duke caducum, ix. 88). 

The Legatum Sinendi modo was thus given : 
" Heres meus damnas esto sinere Lucrum Titium 
hominem Stichum sumere sibique habere ;" by 
which form a testator could give either his own 
property or that which was the property of his 
heres at the time of the death. As in the case of 
a legatum per damnationem, the legatee prosecuted 
his claim by an Actio in personam. It was 
doubted whether the heres was bound to transfer 
the property, in the case of a res mancipi, by man- 
cipatio or in jure cessio, or, in the case of a thing 
nec mancipi, by traditio or delivery, for the words 
of the gift are " permit him to take." If the same 
thing was left to several conjunctim, they took it 
in common, but without any jus accrescendi if one 
of them failed to take. It was a still more doubtful 
question (in the time of Gaius), whether, if the 
same thing was given in this way to two severally 
(disjunctim), the whole was due to each, or if the 
heres was released from all further claim, when 
either of them had obtained possession of the whole 
with his permission. 

The Legatum per praeceptionem was in this 
manner : " Lucius Titius hominem Stichum Prae- 
cipito ; " where " praecipito," in the opinion of the 
Sabiniani, is the same as " praecipuum sumito," or 
" take first." The Sabiniani accordingly were of 
opinion that a legacy could only thus be left to 
one who was also made a heres ; but a Senatus- 
consultum Neronianum made the legacy good, even 
if it was thus left to an extraneus, that is, to an- 
other than the heres, provided the legatee was a 
person to whom a legacy could be left in any of 
the three other modes. For the Senatusconsultum 
made those legacies valid which were not valid by 
the Jus Civile on account of the words of the gift 
(verborum vitio), but not those legacies which 
were invalid on account of the incapacity of the 
legatee (vitio personae), which was the case with a 
peregrinus. The Sabiniani also maintained that a 
man could leave in this manner only what was his 
own, for the only way in which the legatee could 
enforce bis right was by a judicium familiae ercis- 
cundae, in which judicium it was necessary that 
the judex should adjudicate that which was given 
per praeceptionem, and he could adjudicate on 
nothing else than the res hereditaria. But the 
same senatusconsultum made a legacy valid, which 
was given in this form, even if the thing did not 
belong to the testator. The Proculiani contended 
that a legacy could be given to an extraneus per 
praeceptionem ; and further that if the thing was 
the testator's ex jure Quiritium, it could be sued for 
(rindicari) by the legatee, whether he was a heres 
or not (extraneus) ; if it was the testator's in bonis, 
it was a utile legatum to the extraneus by the 



senatusconsultum ; and the heres, if he was the 
legatee, could obtain it in a judicium familiae er- 
ciscundae. If it did not belong to the testator in 
either way, still the legatum was made utile both 
to the heres and the extraneus by the senatus- 
consultum. If the same thing was thus left to 
more than one either disjunctim or conjunctim, 
each had only his share. In all the three forms, 
except the per damnationem, only Things and 
Jura in re could be the objects of legata : but by 
the per damnationem any thing could be made the 
object of a legatum which could be made the ob- 
ject of an obligatio. 

By the Law of the Twelve Tables a man could 
dispose of his property as he pleased, and he might 
exhaust (erogare) the whole hereditas by legacies 
and bequests of freedom to slaves, so as to leave 
the heres nothing. The consequence was that in 
such cases the scripti heredes refused to take the 
hereditas, and there was of course an intestacy. 
The first legislative measure on this subject was 
the Lex Furia, called Testamentaria, which did 
not allow a testator to give as a donatio mortis 
causa or as a legacy more than a thousand asses 
to one person, certain kinsfolk excepted. (Gaius, 
iii. 225 ; Ulp. Frag. i. 2, xxviii. 7.) But this 
measure was a failure, for it did not prevent 
a man from giving as many several thousands to 
as many persons as he pleased, and so exhausting 
his estate. The Lex Voconia (b. c. 169) after- 
wards enacted that no person should take by way 
of legacy or donatio mortis causa more than the 
heredes (severally, as it seems) ; but this lex 
was ineffectual, for by the testator distributing 
his property among numerous legatees, the heres 
might have so small a portion as not to make it 
worth his while to assume the burdens attached to 
the hereditas. (Gaius, ii. 26 ; Cic. in Verr. i. 
43.) The Lex Falcidia (b. c. 40) at last took 
away all means of evasion by declaring that a tes- 
tator should not give more than three-fourths in 
legacies, and thus a fourth was secured to the 
heres ; and " this law," says Gaius, " is now in 
force." The Senatusconsultum Pegasianum extended 
the same rule of law to fideicommissa [Fideicom- 
missum] ; and the Emperor Antoninus applied it 
to the case of fideicommissa, when there was an 
intestacy. (Dig. 35. tit. 2. s. 18.) The Lex Fal- 
cidia applied to the wills of persons who died in 
captivity (apud hostes), for a previous Lex Cor- 
nelia had given to the wills of such persons the 
same force as if they had died cives (in civitate, 
Dig. 35. tit. 2. s. 1 ). 

Legata were inutilia or void, if they were given 
before a heres was instituted by the will, for the 
will derived all its legal efficacy from such institu- 
tion ; there was the same rule as to a gift of free- 
dom. It was an inutile legatum, if in form the 
gift was given after the death of the heres, but it 
might be given on the event of his death ; it was 
also inutile if given in form on the day before the 
death of the testator, for which rule of law, says 
Gaius, there seems to be no good reason (pretiosa 
ratio). A legatum could not be left in the way of 
a penalty ( poenae nomine), that is, for the purpose 
of compelling the heres to do or restraining him 
from doing any particular act: but Justinian made 
all such legata good, except those which were im- 
possible, or forbidden by law or against boni 
mores (probrosa) (Inst. 2. tit. 2. s 36). A legacy 
could not be left to an uncertain person (incerta 



LEGATUM. 

persona). The notion of an uncertain person was 
not of a person who could never be ascertained, 
for in several of the instances mentioned by Gaius, 
th<^ person or persons would easily be ascertained 
(for instance " qui post testamentum consules de- 
signati erunt ") ; but the notion of the uncertainty 
was referred to the mind of the testator at the 
time of making his testament. Accordingly the 
persona was not considered incerta, where he was 
one of a certain class, such as cognati, though the 
individual of the class might be uncertain till the 
event happened which was to determine who out 
of the class was intended by the testator. Such a 
form of bequest was called a certa demonstratio 
inccrtae persona*. (Gaius, ii. 238.) A legatarius 
must have the testamcnti factio, and be under no 
legal incapacity. A legacy could not be left to a 
postumus alienus, nor could such a person be a 
hercs institutus, for he was an incerta persona. It 
has been explained who is a postumus [Heres, p. 
601, a] : a postumus alienus is one who when born 
cannot be among the sui heredes of the testator. 

It was a question whether a legacy could be 
legally (recte) left to a person, who was in the 
power of another person who was made heres by 
the same will. The Proculiani denied that such a 
legacy could be left either pure or sub conditione. 
(Gaius, ii. 244.) But if a person who was in the 
power of another was made heres, a legacy might 
be left (all to let/an) to the person in whose power 
he was ; for if such latter person became heres 
thereby (per eum), the legacy was extinguished, 
because a man cannot owe a thing to himself ; but 
if the son was emancipated, or the slave was ma- 
numitted or transferred to another, and so the son 
became hercs, or so the slave made another person 
heres, the legacy was due to the father or former 
master. 

Not only Res sintrulae could be given as a 
legacy, but also a part of a univcrsitas of things 
(uiiirersarum rerum) could be so given ; thus 
the heres might be directed to share a half or 
any other part of the hereditas with another, 
which was called partitio. (Cic. de Ley. ii. 20, pro 
C'aecin. 4 ; Ulp. Frail, tit. 24. 8. 25.) By the jus 
civile there might be a legacy of a ususfructus of 
those things which were capable of being used and 
enjoyed without detriment to the things. By a 
scnatusconsiiltum there might be a legacy of the 
ahunwi of those things which were consumed in 
the use, as money, wine, oil, wheat, but the lega- 
tarius had to give security for the restoration of 
the same quantity or the same value, when his 
right to the enjoyment ceased. This technical 
meaning of uliusus, that is, the use of things which 
lire conaumrd in the use, is contrasted with usus- 
fructu* by Cicero (Top. 3 ; Ueber dug alter de* 
(jwuti utU'frvclus, von I'uchta, Klirinischeg Mu.i. 
iii. p. 82, and Puchto, Innlit. ii. 8 255). 

A legacy might be transferred to another per- 
son, or taken away (adimi) by another will or 
rodicilli confirmed by a will ; it might also be 
taken away by erasure of the gilt from the will. 
Bodl a revocation of legacies (ademptio leijaturum) 
seems to have been only effected in the way men- 
timed* The expression ademption of legacies in 
English law has a different meaning, and in the 
aw of a specific thing corresponds to tin- I Ionian 
BtfaMtion of legacies, which took place if the tes- 
tator di-tposed of the thing in his lifetime. 

If a legatee died after the day on which the 



LEG AT US- 677 
legatum had become his (jioblditm lepati eedentem), 
it passed to his heres ; or to use a phrase of Eng- 
lish law, the legacy was vested. The phrase 
" dies legati cedit " .accordingly means '"the time 
is come at which the legacy belongs to the legatee," 
though the time may not have come when he is 
entitled to receive it ; and " dies venit " denotes the 
arrival of the day on which it can be demanded. 
(Dig. 50. tit. 1 6. s. 2 1 3.) If the legacy was left con- 
ditionally there was no vesting till the condition 
was fulfilled. By the old law, legacies which were 
left unconditionally or from a time named (in diem 
cerium) were vested from the time of the testator's 
death ; but by the Lex Papia they vested from the 
time of opening the will. The legacy might vest 
immediately on the death of the testator and yet 
the testator might defer the time of payment. (Dig. 
3b". tit. 2. s. 21.) A legacy might also be left on a 
condition of time only, as a legacy to Titius when 
or if he shonld attain the age of fourteen years, in 
which case the words token and if were considered 
equivalent, a decision which has been adopted in 
English law, in cases in which there is nothing in 
the will which gives the words " when " or "if" 
a different signification. (Dig. 36. tit. 2. s. 5, 22 ; 
Hanson r. Graham. 6 Ves. p. 243.) 

(Gaius, ii. 191 — 245 ; Ulp. Frag. tit. xxiv. &c. ; 
Dig. 30—32, &c. ; Inst. ii. tit. 20—22 ; Paulus, 
.S. H. iii. tit. 6.) [Fideicommissum.] [G. L ] 

LEGA'TUS. Legati may be divided into three 
classes : 1. Legati or ambassadors sent to Itumc 
by foreign nations ; 2. Legati or ambassadors sent 
from Rome to foreign nations and into the pro- 
vinces ; 3. Legati who accompanied the Roman 
generals into the field, or the proconsuls and prae- 
tors into the provinces. 

I. Foreign legati at Rome, from whatever coun- 
try they came, had to go to the temple of Saturn 
and deposit their name with the quaestors, which 
Plutarch (Quaes!. Hum. p. 275, b.) explains as a 
remnant of an ancient custom ; for formerly, says 
he, the quaestors sent presents to all legati, which 
were called lautia, and if any ambassador was taken 
ill at Rome, he was in the care of the quaestors, 
who, if he died, had also to pay the expenses of 
his burial from the public treasury. When after- 
wards the number of foreign ambassadors in creased 
in proportion as the republic became extended, the 
former hospitable custom was reduced to the mere 
formality of depositing the name with the keepers 
of the public treasury. Previous to their admis- 
sion into the city, foreign ambassadors seem to 
have been obliged to give notice from what nation 
they came and for what purpose ; for several in- 
stances are mentioned in which ambassadors were 
prohibited from entering the city, especially incase 
of a war between Rome and the state from which 
they came. (Liv. xxx. 21, xlii. 36, xlv. 22.) In 
such cases the ambassadors were either not heard 
at all, and obliged to quit Italy (Liv. xlii. 36), or 
an audience was given to them by the senate (senatus 
Injilin dalur) outside the city, ill the temple of 
Ilelloua. (Liv. /. c. ; xxx. 21.) This was evidently 
a sign of mistrust, but the ambassadors were never- 
theless treated as public guests, and some public 
villa outside the city was sometimes assigned for 
their reception. In other rases, however, as soon 
as the report of the landing of foreign omlnwsa- 
dors on the coast of Italy was brought to Rome, 
especially if they were persons of grent distinction, 
as the son of MuDUM (Lit, xlv. 13), or if they 

x x 8 



678 



LEGATUS. 



LEGATUS. 



came from an ally of the Roman people, some one 
of the inferior magistrates, or a legatus of a consul, 
was despatched by the senate to receive and con- 
duct them to the city at the expense of the re- 
public. When they were introduced into the 
senate by the praetor or consul, they first ex- 
plained what they had to communicate, and then 
the praetor invited the senators to put their ques- 
tions to the ambassadors. (Li v. xxx. 22.) The 
manner in which this questioning was frequently 
carried on, especially when the envoys came from 
a state with which the Romans were at war, re- 
sembled more the cross-questioning of a witness 
in a court of justice, than an inquiry made with a 
view to gain a clear understanding of what was 
proposed. (Liv. I. c. with Gronov's note.) The 
whole transaction was carried on by interpreters, 
and in the Latin language. [Interpres.] Vale- 
rius Maximus (ii. 2. § 3) states that the Greek 
rhetorician Molo, a teacher of Cicero, was the first 
foreigner who ever addressed the Roman senate in 
his own tongue. After the ambassadors had thus 
been examined, they were requested to leave the 
assembly of the senate, who now began to discuss 
the subject brought before them. The result was 
communicated to the ambassadors hy the praetor. 
(Liv. viii. 1.) In some cases ambassadors not only 
received rich presents on their departure, but were 
at the command of the senate conducted by a 
magistrate, and at the public expense, to the fron- 
tier of Italy, and even further. (Liv. xlv. 14.) By 
the Lex Gabinia it was decreed that from the first 
of February to the first of March, the senate should 
every day give audience to foreign ambassadors. 
(Cic. ad Quint. Frat. ii. 11, 12, ad Fam. i. 4.) 
There was at Rome, as Varro (De Ling. Lat. v. 
155, Miiller) expresses it, a place on the right- 
hand side of the senate-house called Graecostasis, 
in which foreign ambassadors waited. 

All ambassadors, whencesoever they came, were 
considered by the Romans throughout the whole 
period of their existence as sacred and inviolable. 
(Cic. c. Verr. i. 33 ; Dionys. Hal. Ant. Rom. xi. 
25 ; Tacit. Ann. i. 42 ; Liv. xxi. 10 ; Dig. 50. 
tit. 7. s. 17.) 

II. Legati to foreign nations in the name of the 
Roman republic were always sent by the senate 
(Cic. c. Vatin. 15) ; and to be appointed to such a 
mission was considered a great honour which was 
conferred only on men of high rank or eminence ; 
for a Roman ambassador, according to Dionysius, 
had the powers (i(,ovarla Kal 8i)«fus) of a magis- 
trate and the venerable character of a priest. If 
a Roman during the performance of his mission as 
ambassador died or was killed, his memory was 
honoured by the republic with a public sepulchre 
and a statue in the Rostra. (Liv. iv. 17 ; Cic. 
Philip, ix. 2.) The expenses during the journey 
of an ambassador were, of course, paid by the re- 
public ; and when he travelled through a province, 
the provincials had to supply him with everything 
he wanted. 

III. The third class of legati, to whom the 
name of ambassadors cannot be applied, were per- 
sons who accompanied the Roman generals on their 
expeditions, and in later times the governors of 
provinces also. Legati, as serving under the con- 
suls in the Roman armies, are mentioned along 
with the tribunes at a very early period. (Liv. ii. 
59, iv. 17.) These legati were nominated (lega- 
hantur) by the consul or the dictator under whom 



they served (Sallust. Jug. 28 ; Cic. ad Att. xv. II, 
ad Fam. vi. 6, pro Leg. Manil. 19), but the 
sanction of the senate (senatusconsultum) was an 
essential point without which no one could be 
legally considered a legatus (Cic. c. Vatin. I. c, 
pro Sext. 14) ; and from Livy (xliii. 1 ; compare 
xliv. 18) it appears that the nomination by the 
magistrates (consul, praetor, or dictator) did not 
take place until they had been authorised by a 
decree of the senate. The persons appointed to 
this office were usually men of great military 
talents, and it was their duty to advise and assist 
their superior in all his undertakings, and to act 
in his stead both in civil and military affairs. 
(Varro, de Ling. Lat. v. 87, Miiller.) The legati 
were thus always men in whom the consul placed 
great confidence, and were frequently his friends or 
relations ; but they had no power independent of 
the command of their general. (Caes. de Bell. Civ. 
ii. 17, iii. 51 ; Appian, de Bell. Civ. i. 38.) Their 
number varied according to the greatness or im- 
portance of the war, or the extent of the province : 
three is the smallest number we know of, but 
Pompey, when in Asia, had fifteen legati. When- 
ever the consuls were absent from the army, or 
when a proconsul left his province, the legati or 
one of them took his place, and then had the in- 
signia as well as the power of his superior. He 
was in this case called legatus pro praetore (Liv. 
xxix. 9 ; Lydus, de Magistr. iii. 3 ; Caes. de Bell. 
Gall. i. 21), and hence we sometimes read that a 
man governed a province as a legatus without any 
mention being made of the proconsul whose vice- 
gerent he was. (Sallust. Cat. 42.) During the 
latter period of the republic, it sometimes hap- 
pened that a consul carried on a war, or a pro- 
consul governed his province through his legati, 
while he himself remained at Rome, or conducted 
some other more urgent affairs. 

When the provinces were divided at the time 
of the empire [Provincia], those of the Roman 
people were governed by men who had either been 
consuls or praetors, and the former were always 
accompanied by three legati, the latter by one. 
(Dion Cass. liii. 13; Dig. 1. tit. 16.) The pro- 
vinces of the emperor, who was himself the pro- 
consul, were governed by persons whom the 
emperor himself appointed, and who had been con- 
suls or praetors, or were at least senators. These 
vicegerents of the emperor were called legati Au- 
gusti pro praetore, legati praetor'ii, legati consu- 
lates, or simply legati, and they, like the governors 
of the provinciae populi Romani, had one or three 
legati as their assistants. (Strabo, iii. p. 352 ; com- 
pare Dig. 1. tit. 18. s. 7 ; Tacit. Ann. xii. 59, 
Agricol. c. 7 ; Spanheim, de Usu et praest. Numism. 
ii. p. 595.) 

During the latter period of the republic it had 
become customary for senators to obtain from the 
senate the permission to travel through or stay in 
any province at the expense of the provincials, 
merely for the purpose of managing and conducting 
their own personal affairs. There was no restraint 
as to the length of time the senators were allowed 
to avail themselves of this privilege, which was a 
heavy burden upon the provincials. This mode of 
sojourning in a province was called legatio libera, 
because those who availed themselves of it en- 
joyed all the privileges of a public legatus or 
ambassador, without having any of his duties to 
perform. At the time of Cicero the privilege of 



LEITURGIA. 



LEITURGIA. 



679 



legatio libera was abused to a very great extent. 
Cicero, therefore, in his consulship endeavoured to 
put an end to it, but owing to the opposition of a 
tribune, he only- succeeded in limiting the time of 
its duration to one year. (Cic. de Leg. iii. 8, 
de Leg. Agr. i. 3, pro Flacc. 34, Philip, i. 2.) 
Julius Caesar afterwards extended the time during 
which a senator might avail himself of legatio libera 
to five years (Cic. ad Att. xv. 11), and this law of 
Caesar (Lex Julia) seem3 to have remained in 
force down to a vcrv late period. (Suet. Tiler. 
31 ; Dig. 50. tit 7. s" 14.) [L.S.] 

LEGES. [Lex.] 

LE'GIO. [Exercitus.] 

LEGIS ACTIO. [Actio.] 

LEGIS AQUI'LIAE ACTIO. [Damxi In- 
juria Actio.] 

LEGI'TIMA ACTIO. [Actio.] 

LEG 1 TIM A HERE'DITAS. [Heres.] 

LEIPOMARTYRIOU DIKE (Aenro^opru- 
pi'ou SIk-q). [Marty ria.] 

LEIPONAUTIOU GRAPHE (Acmwaimou 
ypmp^i). The indictment for desertion from the 
fleet was preferred before the tribunal of the stra- 
tegi ; and the court which under their superintend- 
ence sat for the trial of this and similar military 
offences was composed of citizens who had been 
encaged in the expedition in question. (Meier, All. 
Pmc. pp. 108, 133.) The penalty upon conviction 
seems to have been a fine, and the complete dis- 
franchisement of the offender and his descendants. 
(Petit. Isn. AH. pp. 401, 667.) [J. S. M.] 

LBIPOSTRATIOU GRAPHE (AfiTroo-Tpa- 
rlov ypcufrf]). The circumstances of the trial for 
desertion from the army and the penalties inflicted 
upon conviction were the same as in the case of de- 
sertion from the fleet [Leiposactiou Graphe], 
and the offence was also punishable by an cisan- 
gclia, which, Heraldus suggests, would be fre- 
quently adopted when the accuser was solicitous 
to impose silence upon a political opponent by pro- 
curing his disfranchisement, as this was a necessary 
consequence of judgment being given against the 
defendant, and prevented his speaking or appearing 
in public. The cisangelia in such case would be 
preferred before the assembly of the people, by 
which, if reasonable cause appeared, it would be 
submitted to the decision of one of the ordinary 
legal tribunals. (Herald. Animad. in S'lhims. 
a 243.) [J.S. M.] 

LEIPOTAXIOU GRAPHE (A«7roTo{iou 
ypwpi\). [ Astr ATEIAS Graphe.] 

LEITU'RGIA ( Ae iroufryi'o, from Xutov, Ion. 
Xilirov, i. r. Srip6<riov, or, according to others, 
■Kpvravuov), is the name of certain personal ser- 
vices which at Athens and in some other Greek 
republics, every citizen, who possessed a certain 
amount of pro|ierty, had to perform towards the 
state. These personal services, which in nil cases 
were connected with considerable expense, occur 
in the history of Attica as early as the time of the 
Peisistratids (Aristnt. (Jetxmom, ii. .5), and were 
probably, if not introduced, at least sanctioned by 
the legislation of Solon. They were at first a 
natural consequence of the greater political privi- 
leges enjoyed by the wealthy, who, in return, had 
aim to perform heavier duties towards the re- 
public ; but when the Athenian democracy was at 
its height, the original character of theje liturgies 
bernme changed, for as even,- citizen now enjoyed 
the some rights and privileges as the wealthiest, 



they were simply a tax upon property connected 
with personal labour and exertion (to?s xp v W a < r ' 
/coi Tui adifiaTi \enovpytiv). Notwithstanding 
this altered character of the liturgies, we scarcely 
ever find that complaints were made by persons 
subject to them ; many wealthy Athenians, on the 
contrary, ruined their estates by their ambitious 
exertions, and by the desire to gain the favour of 
the people. (Xen. de Rep. Ath. i. 13 ; Demosth. 
c. Euerget. p. 1155 ; compare Lys. pro bon. Alcib. 
p. 646 and 657 ; Isocrat. de Big. 15 ; Aristot. 
I'otit. v. 7. p. 173, ed. Gb'ttling.) To do no more 
than the law required (atpotnovaBat, Isaeus, de 
Apollod. c. 38) was at Athens considered as a dis- 
grace, and in some cases a wealthy Athenian, 
even when it was not his turn, would volunteer 
to perform a liturgy. (Demosth. c. Mid. p. 519, 
566, &c. ; compare Bockh, Pub. Econ. of Athens, 
p. 448, &c, 2d cd.) 

All liturgies may be divided into two classes : 
1. ordinary or encyclic liturgies (iyKVK\ioi \etrovp- 
yiai, Demosth. c. Lept p. 463), and 2. extraordi- 
nary liturgies. The former were called encyclic, 
because they recurred every year at certain festive 
seasons, and comprised the xopvy'^, yvuvavtapxta, 
KauTraSapx'ia, dpxiflcwpi'a, and tariaais, which 
are all described in separate articles. [Choregi'S ; 
Gymnasium ; Lampadephoria ; Theoria ; 
He.xtiasis.] Every Athenian who possessed three 
talents and above, was subject to them (Demosth. 
c. Apholj. p. 833 ; Isaeus, de Pvrrh. hered. c. 80), 
and they were undertaken in turns by the mem- 
bers of every tribe who possessed the property 
qualification just mentioned, unless some one vo- 
lunteered to undertake a liturgy for another per- 
son. But the law did not allow any one to be 
compelled to undertake more than one liturgy at 
a time (Demosth. c. Ispt. p. 462, c. Polyclet. p. 
1 209), and he who had in one year performed a 
liturgy, was free for the next (tviavrbv SiaXtirwv 
tKao-Tos Xtnovpytl, Demosth. e. I^ept. p. 459), so 
that legally a person had to perform a liturgy only 
every other year. Those whose turn it was to 
undertake any of the ordinary liturgies, were al- 
ways appointed by their own tribe (Demosth. 
e. Mid. pp. 510, 519), or in other words, by the 
iitifxtKryraX twv <pv\uv (Tittmann, Oriceh. Staalsv. 
p. 296, &c.), and the tribe shared praise as well 
as blame with its Aecroi/fryo's. 

The persons who were exempt from all kinds of 
liturgies were the nine archons, heiresses, and or- 
phans until after the commencement of the second 
year of their coming of age. (Lysias, e. IHogeit. 
p. 908 ; Demosth. de Symmor. p. 182.) Some- 
times the exemption from liturgies (drcAda) was 
granted to persons for ( special merits towards the 
republic. (Demosth. c. Ij-pi. p. 466, Acc.) 

The only kind of extraordinary liturgy to which 
the name is properly applied, is the triernrchy 
(TpiTjpapx 10 ) ; in the earlier times, however, the 
service in the armies was in reality no more than 
an extraordinary liturgy. [See Eispiiora and 
Tkikiiaki MIA. | In Inter times, during and nfter 
the Pcloponnesinn wnr, when the expenses of a 
liturgy were found too heavy for one person, we 
find that in many instances two persons combined 
to defray tho expenses of a liturgy (ovmthtla). 
Such was the case with the choregia and the 
trierarchv. (Hermann, Polit. Ant. jj 1GI. n. 12 
I and 13.)' 

| Liturgies in rrgnxd to the persons bv whom 

x x 4 



680 



LEMNISCUS. 



LENO. 



they were performed were also divided into AetTovp- 
■yiai iroAmKai, such as were incumbent upon 
citizens, and KeiTovpyiai twv /j.^to'ikwi'. (De- 
mosth. c. Lept. p. 462.) The only liturgies which 
are mentioned as having been performed by the 
[itToiKoi, are the choregia at the festival of the 
Lenaea (Schol. ad Aristoph. Plut. 954), and the 
itTTiacris (Ulpian, ad Demosth Lept. § 15), to 
which may be added the hydriaphoria and skiade- 
phoria. [Hydriaphoria.] 

That liturgies were not peculiar to Athens, has 
been shown by Bockh (Pub. Econ. &c. p. 299), 
for choregia and other liturgies are mentioned at 
Siphnos (Isocrat. Aeginet. c. 17) ; choregia in 
Aegina even before the Persian wars (Herod, v. 
83) ; in Mytilene during the Peloponnesian war 
(Antiph. de Coed. Herod, p. 744) ; at Thebes in 
the time of Epaminondas (Plut. Aristid. 1) ; at 
Orchomenos, in Rhodes, and in several towns of 
Asia Minor. (Compare Wolf, Prohgom. in De- 
mosth. Lept. p. lxxxvi. &c. ; Wachsmuth, vol. ii. p. 
92, &c."> [L. S.] 

LEMBUS, a skiff or small boat, used for carry- 
ing a person from a ship to the shore. (Plant. 
Merc. i. 2. 81, ii. 1. 35.) The name was also 
given to the light boats which were sent ahead of 
a fleet to obtain information of the enemy's move- 
ments. (Isidor. Orig. xix. 1 ; Liv. xxxi. 45, xlv. 
10.) Pliny (//. N. vii. 56. s. 57) attributes their 
invention to the inhabitants of Cvrene. 

LEMNISCUS (Kt)hv'ktkos). This word is said 
to have originally been used only by the Syracu- 
sans. (Hesych. s. v.) It signified a kind of co- 
loured ribbon which hung down from crowns or 
diadems at the back part of the head. (Fest. s. v.) 
The earliest crowns are said to have consisted of 
wool, so that we have to conceive the lemniscus as 
a ribbon wound around the wool in such a manner 
that the two ends of the ribbon, where they met, 
were allowed to hang down. See the representa- 
tions of the corona obsidionalis and civica in p. 
359, where the lemnisci not only appear as a means 
to keep the little branches of the crowns together, 
but also serve as an ornament. From the remark 
of Servius (ad Aen. v. 269) it appears that coronae 
adorned with lemnisci were a greater distinction 
than those without them. This serves to explain 
an expression of Cicero (palma lemniscata, pro 
Rose. Am. 35) where palma means a victory, and 
the epithet lemniscata indicates the contrary of 
infamis, and at the same time implies an honour- 
able as well as lucrative victory. (Comp. Auson. 
Epist. xx. 5.) 

It seems that lemnisci were also worn alone and 
without being connected with crowns, especially by 
ladies, as an ornament for the head. (Plin. H.N. xxi. 
3.) To show honour and admiration for a person, 
flowers, garlands, and lemnisci were sometimes 
showered upon him while he walked in public. 
(Casaub. ad Suet. Ner. 25 ; Liv. xxxiii. 19.) 

Lemnisci seem originally to have been made of 
wool, and afterwards of the finest kinds of bast 
(philyrae, Plin. H. N. xv. 14) ; but during the 
latter period of the republic the wealthy Crassus 
not only made the foliage or leaves of crowns of 
thin sheets of gold and silver, but the lemnisci 
likewise ; and P. Claudius Pulcher embellished the 
metal lemnisci with works of art in relief and with 
inscriptions. (Plin. H. N. xxi. 3.) 

The word lemniscus is used by medical writers 
in the signification of a kind of liniment applied to 



wounds. (Celsus, vii. 28 ; Veget. de Re Veter. ii. 
14 and 48, iii. 18.) [L. S.] ' 

LEMURA'LIA or LEMU'RIA, a festival for 
the souls of the departed, which was celebrated at 
Rome every year in the month of May. It was 
said to have been instituted by Romulus to ap- 
pease the spirit of Remus whom he had slain 
(Ovid. Past. v. 473, &c), and to have been called 
originally Remuria. It was celebrated at night 
and in silence, and during three alternate days, 
that is, on the ninth, eleventh, and thirteenth of 
May. During this season the temples of the gods 
were closed, and it was thought unlucky for women 
to marry at this time and during the whole month 
of May, and those who ventured to marry were 
believed to die soon after, whence the proverb, 
mense Maio malae nubent. Those who celebrated 
the Lemuralia, walked barefooted, washed their 
hands three times, and threw nine times black 
beans behind their backs, believing by this cere- 
mony to secure themselves against the Lemures. 
(Varro, Vita pop. Rom. Fragm. p. 241, ed. 
Bipont ; Servius, ad Aen. i. 276.) As regards 
the solemnities on each of the three days, we only 
know that on the second there were games in the 
circus in honour of Mars (Ovid. Fast. v. 597), and 
that on the third day the images of the thirty 
Argei, made of rushes, were thrown from the pons 
sublicius into the Tiber by the Vestal virgins. 
(Ovid. Fast. v. 621 ; Fest. s. v. Deponlani ; com- 
pare Argei.) On the same day there was a fes- 
tival of the merchants (festum mercatorum, Ovid. 
Fast. v. 670, &c), probably because on this day 
the temple of Mercury had been dedicated in the 
year 495 B.C. (Liv. ii. 21.) On this occasion the 
merchants offered up incense, and by means of a 
laurel-branch sprinkled themselves and their goods 
with water from the well of Mercury at the Porta 
Capena, hoping thereby to make their business 
prosper. [L. S.] 

LEMURES. See Diet, of Gr. and Rom. Bio- 
graphy and Mythology. 

LENAEA. [Dionysia, p. 411, b.] 
LENO, LENOCI'NIUM. Lenocinium is 
defined by Ulpian (Dig. 3. tit. 2. s. 4) to be the 
keeping of female slaves for prostitution and the 
profits of it ; and it was also lenocinium if gain 
was made in the like way by mrans of free women. 
Some lenones kept brothels (lupanaria) or open 
houses for prostitution. This trade was not for- 
bidden, but the praetor's edict attached infamia to 
such persons [Infamia]. In the time of Caligula 
(Sueton. Cat. 40, and the notes in Burmann's 
ed.), a tax was laid on lenones. Theodosius and 
Valentinian endeavoured to prevent parents from 
prostituting their children and masters their female 
slaves by severe penalties ; and they forbad the 
practice of lenocinium under pain of corporal 
punishment, and banishment from the city, and so 
forth. Justinian (Nov. 14) also attempted to put 
down all lenocinium by banishing lenones from the 
city, and by making the owners of houses, who 
allowed prostitution to be carried on in them, 
liable to forfeit the houses and to pay ten pounds 
of gold : those who by trickery or force got girls 
into their possession and gave them up to prostitu- 
tion were punished with the " extreme penalties ; " 
but it is not said what these extreme penalties 
were. This Novella contains curious matter. 

The Lex Julia de Adulteriis defined the leno- 
cinium which that lex prohibited (Dig. 48. tit. 5. 



LESCHE. 



LEX. 



681 



5. 2. § 2). It was lenocinium, if a husband al- 
lowed his wife to commit adultery in order to share 
the gain. The legislation of Justinian (Nov. 117. 
c. 9. § 3) allowed a wife a divorce, if her husband 
had attempted to make her prostitute herself ; and 
the woman could recover the dos and the donatio 
propter nuptias. It was lenocinium in the husband 
if he kept or took back (comp. Sueton. Domit. 8) 
a wife whom he had detected in an act of adultery ; 
or if he let the adulterer who was detected in the 
act, escape ; or if he did not prosecute him. 

With respect to other persons than the husband, 
it was lenocinium by the lex Julia, if a man mar- 
ried a woman who was condemned for adulter)- ; 
if a person who had detected others in adultery, 
held his peace for a sum of money ; if a man com- 
menced a prosecution for adultery and discontinued 
it ; and if a person lent his house or chamber for 
adulterium or Btuprum. In all these cases, the 
penalty of the lex Julia was the same as for adulte- 
rium and stuprum. The lex in this as in other 
like instances of leges, was the groundwork of all 
subsequent legislation on lenocinium. Probably 
no part of the lex Julia de adulteriis was formally 
repealed, but it received additions, and the penal- 
ties were increased. (Rein, Criminalrccht der 
Homer, p. 883.) As to the uses of the words 
Lcno, Lenocinium, in the classical writers, see the 
passages cited in Kacciolati, Aer. [G. L.] 

LKNU8 (Aijwfi). [Torctlar.] 

LEON'IDEIA (AeoviSfia), were solemnities 
celebrated every year at Sparta in honour of 
Leonidas, who, with his 300 Spartans, had fallen 
at Thermopylae. Opposite the theatre at Sparta 
there were two Bepulchral monuments, one of Pau- 
sanias and another of Leonidas, and here a funeral 
•ration was spoken every year, and a contest was 
held, in which none but Spartans were allowed to 
take part. (Paus. iiL 14. § 1.) [L.S.] 

LEPTON. [Chalcods ; Obolos.] 

LEPTURGI (\fTTovpyoi), a class of artificers, 
respecting whom there is some doubt. They are 
commonly supposed to be carvers of fine work in 
wood ; but, on the authority of two passages 
(Plut. Aemit. Paul. 37 ; Diod. xvii. 115), in the 
former of which Toptvuv kcu Kcmoupyuv are 
mentioned together, Kaoul-Rochctte supposes that 
the Isjitunii were those who beat out gold and 
silver in thin leaves to cover statues and furniture ; 
and that they corresponded to the Ilractearii Arti- 
fice* among the Romans. (Leltre ii M. Schorn, 
pp. 189, l!l I.) [P. S.] 

LE'RIA. (Limbus; Tunica.] 

LEKNAEA (Kfpvaia), were mysteries (t*A(t4) 
celebrated at Lcrna in Argolis, in honour of Dc- 
mcter. (Paus. ii. 36. § 7.) They were said to 
have been instituted by Philammon. (Pans. ii. 37. 
§ 3.) In ancient times the Argives carried the fire 
from the temple of Artemis Pyronia, on Mount 
f'rathis, to the Lcmaca. (Paus. viii. 15, § 4.) 
These mysteries were probably a remnant of the 
ancient religion of the Pelnsgians, but further 
particulars are not known. | L. S.J 

LKSCIIK (A«'<rxi), is an Ionic word, signify- 
ing council or ronrrrs'itm/i, and '/ ylorc f*,r ctunnl 
or eonrerntition. There is frequent mention of places 
of |iulj|ic resort, in the Greek cities, by the nnme 
Of A«'frxoi, some set apart for the purpose, and 
others so called because th'-v were so us'-d bv 
loungers ; to the latter class belong the ngora nnd 
its porticoes, the gymnasia, nnd the shops of vari- 



ous tradesmen, especially those of the smiths, 
which were frequented in winter on account of 
their warmth, and in which, for the same reason, 
the poor sought shelter for the nicht. (Horn. Od. 
xviii. 329 ; Hes. Op. 491, 499.) In these pas- 
sages, however, in which are the earliest examples 
of the use of the word, it seems to refer to places 
distinct from the smiths' workshops, thouch re- 
sorted to in the same manner ; and we may gather 
from the grammarians, that there were in the 
Greek cities numerous small buildings or porticoes, 
furnished with seats, and exposed to the sun, to 
which the idle resorted to enjoy conversation, and 
the poor to obtain warmth and shelter, and which 
were called AeV^oi ; at Athens alone there were 
360 such. (Eustath. ad Horn. I. c. ; Proclus, ad 
His. I.e. ; Hesych., Etvm. Mag., s. v. ; Kiihn, <w/ 
Ad. V. H. ii. 34.) Suidas, referring to the pas- 
sage in Hesiod, explains AeVxi by kol^ivos. 

By Aeschylus (Eum. 366) and Sophocles (Ant. 
160) the word is used for a solemn council ; but 
elsewhere the same writers, as well as Herodotus, 
employ it to signify common conversation. 

In the Dorian states the word retained the 
meaning of a place of meeting for deliberation and 
intercourse, a council-chamber or club-room. At 
Sparta every pliyle had its lesclie, in which and in 
the gymnasium the elders passed the greater 
part of the day in serious and sportive conversa- 
tion, and in which the new-born children were 
presented for the decision of the elders as to 
whether they should be brought up or destroyed. 
(Plut. Lyc.'\G, 25 ; Muller, Dor. iii. 10. § 2, iv. 
9. § 1.) Some of these Spartan lesc/iae seem to 
have been halls of some architectural pretensions : 
Pausanias mentions two of them, the AtVx»j Kpo- 
ravuv, and the Af'o-x 7 ? woudKn (iii. 14. § 2, 15. 
§ 8). They were also used for other purposes. 
(Ath. iv. p.'l38, e.) 

There were generally chambers for council and 
conversation, called by this name, attached to 
the temples of Apollo, one of whose epithets was 
htaxvfjptos (Ilarpocrat. I. v.; Plut. de EI u/>. 
Ddph. p. 385, b. ; Muller, Dor. ii. 2. § 15, note). 
Of such leschae the chief was that which was 
erected at Delphi by the Cnidians, and which was 
celebrated throughout Greece, even less for its own 
magnificence, than for the paintings with which it 
was adorned by Polygnotus. (Paus. x. 25; Hot- 
tiger, Archuol. d. Matcrci, p. 296, &c. ; Dirt, of 
Dim/, i. r. Polygnotu*.) [P. S.] 

LEUCA or LEUGA. [Pus.] 

LEX. Lex is defined by Papinian (Dig. 1. 
tit 3. 8. 1 ) : — " Lex est commune praecvptum, 
virorum prudentium consiiltum, delictorum, quae 
sponte vcl ignorantia contrahuntor, coercitio, com- 
munis reipublicac sponsio." Cicero (de Leg. i. 6) 
defines it thus: — "Quae scripto snncit quod vult, 
aut jubendo, ant vetando." (Sec also de Leg, ii. 
16.) A Law is properly a rule or command of the 
sovereign power in a state, published in writing, 
and addre.»sed to and enforced upon the members 
of such state ; and this is the pi ■ r sense of Lex 
in the Roman writers. 

In the Institutes (I. tit. 2. s. 4) there is a defi- 
nition of a Lex, which has a more direct reference 
to that power which is the source of law: — " Lex 
est quod Populus Itomaniis senntorio magistral!! 
interrognnte, veluli C'nnsule, coimlituchat" The 

definition of Cnpito (OcEL x. 20) is 44 Grannie 

jiissum populi nut plcbis rogante mngistrutu ;" 



682 



LEX. 



LEX. 



but this definition, as Gellius observes, will not 
apply to such cases as the Lex about the Impe- 
rium of Pompeius, or that about the return of 
Cicero, which related only to individuals, and were 
properly called Privilegia. 

Of Roman Leges, viewed with reference to the 
mode of enactment, there were properly two kinds, 
Leges Curiatae and Leges Centuriatae. Plebiscita 
are improperly called Leges, though they were 
Laws, and in the course of time had the same 
effect as Leges. 

Originally the Leges Curiatae were the only 
Leges, and they were passed by the populus in 
the Comitia Curiata. After the establishment of 
the Comitia Centuriata, the Comitia Curiata fell 
almost into disuse ; but so long as the Republic 
lasted, and even under Augustus, a shadow of the 
old constitution was preserved in the formal con- 
ferring of the Imperium by a Lex Curiata only, 
and in the ceremony of adrogation being effected 
only in these Comitia. [Adoptio.] 

Those Leges, properly so called, with which we 
are acquainted, were passed in the Comitia Centu- 
riata, and were proposed (rogabantur) by a ma- 
gistrates of senatorial rank. Such a Lex was also 
designated by the name Populi Scitnm. (Festus, 
s. v. Scitum Pop.) As to the functions of the 
Senate in legislation, see Auctor. and Senatus. 

A Plebiscitum was a law made in the Comitia 
Tributa, on the rogation of a Tribune : " Plebis- 
citum est quod plebs plebeio magistratu interro- 
gate, veluti Tribimo, constituebat." (Inst. 1. 
tit. 2. s. 4.) " Accordingly," says Gaius (i. 3), 
" formerly the patricii used to say that they were 
not bound by Plebiscita, because they were made 
without their sanction {sine auctoritate eorum) • 
but afterwards the Lex Hortensia was carried 
(b. c. 288), which provided that Plebiscita should 
bind the whole populus (in the larger sense of the 
word), and thus they were made of equal force 
with Leges." (Liv. viii. 12 ; Gell. xv. 27 ; Leges 

PUBLILIAE.) 

When the Comitia Tributa were put on the 
same footing as the Centuriata, the name Lex was 
applied also to Plebiscita, and thus Lex became a 
generic term, to which was sometimes added the 
specific designation, as Lex Plebeivescitum, Lex 
sive Plebiscitum est [Plebiscitum]. 

Cicero, in his enumeration of the sources of' 
Roman law (Top. 5), does not mention Plebis- 
cita, which he undoubtedly comprehended under 
" leges." Various Plebiscita are quoted as leges, 
such as the Lex Falcidia (Gaius, ii. 227) and Lex 
Aquilia. (Cic. pro Tullio, 8. 11.) In the Table of 
Heraclea the words " lege plebisvescito " appear 
to refer to the same enactment ; and in the Lex 
Rubria there occurs the phrase " ex lege Rubria 
sive id plebiscitum est." (Savigny, Zeitschrift, &c. 
vol. ix. p. 355.) 

The word Rogatio (from the verb rogo) properly 
means any measure proposed to the legislative 
body, and therefore is equally applicable to a pro- 
posed Lex and a proposed Plebiscitum. Accord- 
ingly there occur the expressions " populum ro- 
gare," to propose a lex to the populus ; and " legem 
rogare," to propose a lex. (Festus, s. v. Rogatio.) 
A Rogatio then is properly a proposed lex or a 
proposed plebiscitum. The terms Rogare, Rogatio 
also apply to a person being proposed for a magis- 
trates at the Comitia. (Sail. Jug. 29.) The form 
of a Rogatio, in the case of Adrogatio, which was 



effected at the Comitia Curiata (per populi roga- 
tionem), is preserved by Gellius (v. 19) : it begins 
with the words " Velitis, jubeatis, &c," and ends 
with the words " ita vos Quirites rogo." The 
corresponding expression of assent to. the Rogatio 
on the part of the sovereign assembly was, Uti 
Rogas. The rejection of a Rogatio is expressed by 
Antiquare Rogationem. (Liv. xxxi. 6.) The term 
Rogatio therefore included every proposed Lex, 
Plebiscitum, and Privilegium, for without a Rogatio 
there could be no command (jussum) of the Popu- 
lus or Plebs. But the words Lex, Plebiscitum, 
and Privilegium were often improperly used to ex- 
press laws (Gell. x. 20) ; and Rogationes, after they 
had become laws, were still sometimes called Roga- 
tiones. The term Rogationes is often applied to 
measures proposed by the Tribunes, and afterwards 
made Plebiscita : hence some writers (improperly) 
view Rogatio as simply equivalent to Plebiscitum. 
Besides the phrase " rogare legem," there are the 
phrases " legem ferre," to propose a Lex, and " ro- 
gationem promulgare," to give public notice of the 
contents of a Lex which it was intended to pro- 
pose ; the phrase " rogationem accipere " applies to 
the enacting body. " Lex Rogata " is equivalent 
to " Lex Lata." Legem perferre and Lex perlata 
apply to a Rogatio when it has become a Lex. 
(Dig. 35. tit. 2. s. 1. Ad legem Falcidiam.) The 
terms relating to legislation are thus explained by 
Ulpian (tit. 1. s. 3) : — "A Lex is said either 
rogari or ferri ; it is said abrogari, when it is re- 
pealed ; it is said derogari, when a part is re- 
pealed ; it is said subrogari, when some addition 
is made to it ; and it is said obrogari, when some 
part of it is changed." A subsequent lex repealed 
or altered a prior lex which was inconsistent with 
it. It appears to have been also a principle among 
the Romans that a Law by long desuetude became 
of no effect. (Comp. Liv. xxi. 63, and Cic. in 
Verr. v. 18.) 

As to their form, we can judge of the Roman 
style of legislation by the fragments which exist. 
The Romans seem to have always adhered to the 
old expressions, and to have used few superfluous 
words. Great care was taken with such clauses as 
were proposed to alter a former lex, and great care 
was also used to • avoid all interference with a 
former lex, when no change in it was intended. 
The Leges were often divided into chapters (capita). 
(See the tablet of the Lex de Gallia Cisalpina ; 
and Cic. ad Att. iii. 23.) The Lex was cut 
on bronze (aes) and deposited on the Aerarium. 
(Sueton. Caes. 28 ; Plutarch, Cat. Min. 17.) Pro- 
bably the fixing of a Lex in a public place was 
generally only for a time. (Cic. ad Att. xiv. 
12.) The title of the lex was generally derived 
from the gentile name of the magistrates who pro- 
posed it, as the Lex Hortensia from the dictator 
Hortensius. Sometimes the lex took its name 
from the two consuls or other magistrates, as the 
Acilia Calpurnia, Aelia or Aelia Sentia, Papia or 
Papia Poppaea, and others. It seems to have been 
the fashion to omit the word et between the two 
names, though instances occur in which it was 
used. [Julia Lex et Titia.] A lex was also 
often designated, with reference to its object, as 
the Lex Cincia de Donis et Muneribus, Lex 
Furia Testamentaria, Lex Julia Municipals, and 
many others. Leges which related to a common 
object, were often designated by a collective name, 
as Leges Agrariae, Judiciariae, and others. Some- 



LEX. 



LEX. 



603 



times a chapter of a lex was referred to under the 
title of the lex, with the addition of a reference 
to the contents of the chapter, as Lex Julia de 
Fundo Dotali, which was a chapter of the Lex 
Julia de Adulteriis. A lex sometimes took its 
name from the chief contents or its first chapter, as 
Lex Julia de Maritandis Ordinibus. Sometimes a 
lex comprised very various provisions, relating to 
matters essentially different, and in that case it 
was called Lex Satura. [Lex Caecilia Didia, 
Lex Ji;lia Municipals.] 

The terms in which a Lex was expressed were 
fixed by the person who proposed it ; but in many 
cases probably he would require the assistance of 
some person who was acquainted with technical 
language. A Lex was proposed to the Comitia in 
its entire form for acceptance or rejection : there 
was no discussion on the clauses, and no alteration 
of them in the Comitia, and indeed discussion 
of details and alteration were impossible. The 
Sanetio of a Lex (JUet wl Herenn. ii. 10 ; Papi- 
nian. Dig. 48. tit. 19. s. 41) made a Lex which 
the Romans call Perfecta. In a Lex Pcrfecta, the 
act which is done contrary to the provisions of 
the Lex, is declared by the Lex to be null. If a 
Lex did not contain this Sanetio, it was called 
Imperfecta. A Lex was called minus quam per- 
fecta, when the act which was done contrary to its 
provisions was not declared null, but the Lex im- 
posed a penalty. (Savigny, System, &c. vol. iv. p. 
548, 6cc.) This division of Leges into Perfectae, 
&c. is obviously only applicable to such Leges as 
referred to what the Romans called the department 
of Privatum Jus. 

The number of Leges was greatly increased in 
the later part of the republican period (Tacit. Ann. 
iii. 2.5 — 211), and Julius Caesar is said to have con- 
templated a revision of the whole body. Under 
him and Augustus numerous enactments were 
passed, which are known under the general name 
of Juliac Leges. [Jiliae Leges.] It is often 
stated that no Leges, properly so called, or Plebis- 
cita, were passed after.the time of Augustus ; but 
this is a mistake. Though the voting might be a 
mere form, still the form was kept ; and if this 
were not so, the passage of Oaius (i. 2, &c), in 
which he speaks of leges and plebiscita as forms 
of legislation still in use, would not be correct. 
Resides, various leges are mentioned as having 
been passed under the Empire, such as the Lex 
Vuelfaa, a Lex Agraria under Caligula, and a Lex 
Claudin on the tutcln of women. (Oaius, i. 157, 
J 7 1.) It does not appear when the ancient forms 
of legislation were laid aside, but they certainly 
long survived the popular elections to which alone 
the passage of Tacitus (Ann. i. 15) refers. 

In the Digest a Senatusconsultum is sometimes 
referred to as a Lex (14. tit. 6. s. 9. § 4 ; a. 14); 
in which there was no great impropriety if we 
have regard to the time, for Senatusconsulta were 
then laws. Still a Senatusconsultum, properly so 
cnlli d, must not be confounded with a Lex properly 
so called ; and there is no reason for supposing 
that the Lex Claudia of (iaius was a Senatuscon- 
sultum, for whi'n he speaks of a Senatusconsultum 
of the time of Claudius, he calls it such (i. (14, 91 ). 
Howe ver there is no mention of any Lex bring 
enacted later than the time of Ncrvn. (Dig. 4 7. 
tit. 21. s. 3. § 1.) 

It remains further to explain the words Rogatio 
and PtrhnUgimn. 



Rogatio is defined by Festus to be, a command 
of the Populus relating to one or more persons, but 
not to all persons ; or relating to one or more 
things, but not to all. That which the Populus 
has commanded (scivit) with respect to all per- 
sons or things is a Lex ; and Aelius Gallus says, 
Rogatio is a genus legis ; that which is Lex is not 
consequently (continuo) Rogatio ; but Rogatio must 
be Lex, if it has been proposed (royata) at legal 
comitia (justis comitiis). According to this defini- 
tion a rogatio, when enacted, is Lex ; there is also 
Lex which is not rogatio : therefore we must 
assume a general name Lex, comprehending Lex 
Proper and Rogatio. The passage of Aelius Cal- 
lus is emended by Goettling (Geschichte der Rom. 
Sfaattv. &ic. p. 310) ; but his emendation is founded 
on mistaking the sense of the passage, and it con- 
verts the clear meaning of Gallus into nonsense. 
According to the definition of Gallus, Rogatio was 
equivalent to Privilegium, a term which occurred 
in the Twelve Tables (Cic. de Lei), iii. 19) ; and it 
signified, according to Gallus (Festus, s. v. Rogatio) 
an enactment that had for its object a single per- 
son, which is indicated by the form of the word 
( privi-leyium), u privae res" being the same as 
14 singulae res." The word privilegium, according 
to the explanation of Gallus, did not convey any 
notion of the character of the legislative measures : 
it might be beneficial to the party to whom it re- 
ferred, or it might not It is generally used by 
Cicero in the unfavourable sense (pro Domo, 17 ; 
pro Scstio, 30 ; royationcm pririleyii similem, Brut. 
23). Accordingly in the Republican period Privi- 
legia were not general Laws or parts of the general 
Law: they bear the character of an exception to the 
general rule. In the Corpus Juris Privilegium is 
the common name for a Jus Singularc, the mean- 
ing of which is explained by Savignv (System, ccc. 
i. p. 61). 

The meaning of Lex, as contrasted with Jus, is 
stated in the article Jus. 

Some other significations of Lex, which arc not 
its proper significations, are easily explained ; for 
instance. Lex is used to express the terms or con- 
ditions of a contract, apparently with reference to 
the binding force of all legal contracts. In English 
instruments which contain covenants, it is often 
expressed that it shall be " lawful " for one or 
more of the parties to do a certain act, by which 
is simply meant that the parties agree about some- 
thing, which is legal, and which therefore makes 
a valid agreement. The work of Marcus Manilius 
(Cos. Ii. c. 149) on sales is quoted by Cicero (de 
Or. i. 58) as " Manilianas venalium vendendorum 
leges." (See Dig. 18. tit. 1. s. 40, where Lex 
means conditions of Kile.) Accordingly we find 
the expression Leges Censoriac to express the con- 
ditions on which the censors let the public pro- 
|>erty to farm ; and jierliaps the term also signified 
certain standing regulations for such matters, which 
the censors were empowered to make. (Fray, do 
jurr Fisci, s. 18 j Dig. 60. tit. IS. s. 203.) In both 
the cases just referred to, the phrase Lex Ceii- 
soria is used (in the singular number) ; and this 
Lex, whether a Law proper or not, seems to have 
been divided into chapters. 

La simply sometimes signifies the laws of tho 
Twelve Tables. 

The extant authorities for the Roman Leges are 
the wnrks nf the classical Itoman writers, of tho 
Roman Jurists, and inscriptions. Tho most useful 



684 LEX AELIA SENTIA. 



LEGES ANNALES. 



modern collection is that in the Onomastieon of 
Orellius, intitled " Index Legum Romanarum qua- 
rum apud Ciceronem, ejusque Scholiastas, item 
apud Livium, Velleium Paterculum, A. Gellium no- 
minatim mentio fit." There are also extant frag- 
ments of several laws on bronze tablets, such as 
the Lex Thoria, which is a Lex Agraria, and is 
cut on the back of the same tablet which contains 
the Lex Servilia ; the Lex Rubria ; and some few 
other monuments. 

The following is a list of the principal Leges : — 

ACI'LIA De Coloniis Deducendis (Liv. 
xxxii. 29). 

ACI'LIA. [Repetundae.] 

ACI'LIA CALPU'RNIA. [Ambitus.] 

AEBU'TIA, of uncertain date, which with two 
Juliae Leges put an end to the Legis Actiones, 
except in certain cases. [Judex ; Actio.] 

Another Lex of the same name prohibited the 
proposer of a lex, which created any office or power 
{curatio ac potestas), from having such office or 
power, and even excluded his collegae, cognati and 
affines. (Cic. in Rull. ii. 8, where he mentions also 
a Lex Licinia, and in the pro Domo, 20.) 

AE'LIA. This Lex and a Fufia Lex passed 
about the end of the sixth century of the city, gave 
to all the magistrates the obnunciatio or power of 
preventing or dissolving the comitia, by observing 
the omens and declaring them to be unfavourable. 
(Cic. Phil. ii. 32, pro Sestio, 15, ad Att. ii. 9.) 

There is some difficulty in stating the precise 
nature of these two Leges ; for it is most probable 
that there were two. The passages in which they 
are mentioned are collected in Orellii Onomastieon, 
Index Legum. 

AE'LIA De Coloniis Deducendis. (Liv. 
xxxiv. 53.) 

AE'LIA SE'NTIA. This law which was 
passed in the time of Augustus (about A. D. 3), 
chiefly regulated the manumission of slaves ; a 
matter that has been put under certain restrictions 
in modern slave states also. 

By one provision of this law slaves who had 
been put in chains by their masters as a punish- 
ment, or branded, or subjected to the other punish- 
ments mentioned in the law (Gaius, i. 13), if they 
were afterwards manumitted either by the same 
master or another, did not become Roman citizens 
or even Latini, but were in the class of Peregrini 
dediticii. [Dediticii.] The law also made regula- 
tions as to the age of slaves who might be manu- 
mitted. It enacted that slaves under thirty years 
of age who were manumitted, only became Roman 
citizens when they were manumitted by the Vin- 
dicta, and after a legal cause for manumission had 
been established before a consilium. What was 
a legal cause (causa justa), and how the consi- 
lium was constituted, are explained by Gaius (i. 
19, 20). These consilia for the manumission of 
slaves were held at stated times in the provinces, 
and in Rome. A slave under thirty years of age 
could become a Roman citizen if he was made 
free and heres by the testament of a master, who 
was not solvent. (Gaius, i. 21.) The law also 
contained provisions by which those who were 
under thirty years of age at the time of manumis- 
sion, and had become Latini in consequence of 
manumission, might acquire the Roman citizenship 
on certain conditions, which were these. They 
must have taken to wife a Roman citizen, or a 
Latina coloniaria or a woman of the same class as 



themselves, and must have had as evidence of that 
fact the presence of five Roman citizens of full 
age, and have begotten a son who had attained the 
age of one year. On showing these facts to the 
praetor at Rome, or to the governor in a pro- 
vince, and the magistrate declaring that the facts 
were proved, the man, his wife, and his child be- 
came Roman citizens. If the father died before 
he had proved his case before the magistrate, the 
mother could do it, and the legal effect was the 
same. 

If a man manumitted his slave to defraud his 
creditors, or to defraud a patron of his patronal 
rights, the act of manumission was made invalid 
by this law. A person under the age of twenty 
years was also prevented from manumitting any 
slave, except by the process of Vindicta, and after 
establishing a legal cause before a consilium. 
The consequence was that though a male, who 
had completed his fourteenth year, could make a 
will, he could not by his will manumit a slave 
(Gaius, i. 37 — 40). A male under the age of 
twenty could manumit his slave so as to make him 
a Latinus, but this also required a legal cause to be 
affirmed by a consilium. The provisions of the Lex 
Aelia Sentia, as to manumitting slaves for the pur- 
pose of defrauding creditors, did not apply to Pere- 
grini, until the provision was extended for their 
benefit by a Sctum in the time of Hadrian. The 
other provisions of the Lex did not apply to Pere- 
grini. The application of the principles of the 
Law is shown in other passages of Gaius (i. 66, 
68, 70, 71, 80, 139, iii. 5, 73, 74). In a free 
state, when manumission must change the condi- 
tion of slaves into that of citizens, the importance 
of limiting and regulating the manumitting power 
is obvious. Under the later Empire such regu- 
lations would be of little importance. This law 
was passed according to the constitutional forms in 
the time of Augustus, when the status of a Civis 
had not yet lost its value, and the semblance of 
the old constitution still existed (Ulpian, Frag. 
tit. i. ; Dig. 28. tit. 5. s. 57, 60 ; 38, tit. 2. s. 33 ; 
Tacit. Annal. xv. 55.) 

AEMI'LIA de Censoribus. A Lex passed 
in the Dictatorship of Mamercus Aemilius (b. c. 
433), by which the Censors were elected for a 
year and a half, instead of a whole lustrum. (Liv. 
iv. 24, ix. 33,) After this Lex they had accord- 
ingly only a year and a half allowed them for 
holding the census and letting out the public works 
to farm. 

AEMI'LIA BAE'BIA. [Cornelia Baebia.] 

AEMI'LIA LE'PIDI, AEMI'LIA SCAURI. 
[Sumtuariae Leges.] 

AGRA'RIAE. [Agrariae Leges ; and Lex 
Apuleia ; Cassia ; Cornelia ; Flaminia ; 
Flavia ; Julia ; Licinia ; Mamilia ; Sem- 
pronia ; Servilia ; Thoria.] 

A'MBITUS. [Ambitus.] 

A'MPIA, a Lex proposed by T. Ampins and 
T. Labienus, tr. pi. b. c. 04, by which Cn. Pom- 
peius was allowed to wear a crown of bay at the 
Ludi Circenses, and the like. (Veil. Pat. ii. 40 ; 
Dion Cass, xxxvii. 21.) 

ANNA'LES LEGES were those Leges which 
determined at what age a man might be a candi- 
date for the several magistratus. (Cic. Philipp.v. 17.) 

The first Lex which particularly determined 
the age at which a man might be a candidate for 
the several magistratus was the Villia. It was 



LEX BAEBIA CORNELIA. 



LEX CIXCIA. 



685 



proposed by L. Villius, tr. pi. b. c. 180 (Liv. xxv. 
2, xl. 44.) According to this Lex a man might 
be elected quaestor at the age of thirty-one, and 
consul at forty-three. [Villia.] 

There seems to have been also a Lex Pinaria 
on this subject. (Cic. tie Oral. ii. 65.) 

A'NTIA. [Suutuariab Leges.] 

ANTO'NIA de Thermensibus, about b. c. 
7*2, by which Thermessus in Pisidia was recog- 
nised as Libera. (Puchta, Inst. vol. i. § 69 ; 
Dirksen, liemerkunijen utter das Plebiscitum de 
Thermensibus.) 

ANTO'NIAE, the name of various enactments 
proposed or passed by the influenceof M. Antonius, 
after the death of the Dictator J. Caesar, such as 
the Judiciaria. [Judex, p. 650, a.] Another lex 
that was promulgated allowed an appeal to the popu- 
lus after conviction for Vis or Majestas. (Cic. Phil. 

i. 9.) Various other measures proposed by M. 
Antonius are mentioned by Cicero (Phil. i. 1, 

ii. 43, v. 3, 5), Dion Cassius (xliv. 51, xlv. 9,20, 
25, 34, xlvi. 23, 24), and Appian (Bell. Civ.iu. 
27, 30.) 

APULE'IA, pave a surety an action against 
his co-sureties for whatever he had paid above his 
share. [ Intercessio.] 

APULE'IA AGRA'RIA, proposed by the tri- 
bune L. Apuleius Saturninus, a c. lOl. (Liv. 
Kpit. 69 : Appian, Pell. Civ. i. 29 ; Cic. pro Sestio, 
16, 47.) 

APULE'IA De Coloxiis Deduce.vdis (Cic. 
jrro Hall*,, 21). 

APULETA FRI.'M F.NTARTA, proposed 
about the same time by the same tribune. (Auct. 
ad llrmm. i. 12.) [Frimentariae Leges.] 
APULK'IA MAJESTATIS. [Majestas.] 
AQUI'LIA [Damni Injuria Actio.] 
ATE'RNI A TARPETA, b. c. 455. This Lex 
empowered all magistratus to fine persons who re- 
sisted their authority ; but it fixed the highest fine 
at two sheep and thirty oxen, or two oxen and 
thirty sheep, for the authorities vary in this. (Cic. 
de Pep. ii. 35 ; Dionys. X. 50 ; GelL xi. I ; Festus, 
j. it. Multam, fjvibus, Peirulatus, Niebuhr, Hist, 
of Pmne, vol. ii. p. 300.) 

A'TIA DE SACERDO'TIIS (n.c. 63), pro- 
posed by the tribune T. Atius Labienus. re- 
pealed the Lex Cornelia de tjacerdotiis. (Dion 
Cass, xxxvii. 37.) 

ATI'LIA M.VRCIA, enacted a c. 312, em- 
power -d the populus to elect sixteen tribuni mi- 
litum fur each of four legions. (Liv. ix. 30.) 
ATI'LIA. [Julia Lex et Titia ; Tutor.] 
ATTN I A, allowed no usucapion in a stolen 
thing. (GelL xvii. 7; Instit. 2. tit. C. 8. 2.) 

[Fu KTI'M.) 

ATI'NIA, of uncertain date, was a plebiscitum 

which gave the rank of senator to a tribune. (Gell. 

xiv. 8.) The measure probably originated with C. 

Atinius, who was tribune n.c. 130. (Plin. //. .V. 

vii. 45 ; Cic. pnt Ijnmo, 47-) 
AI'FI'DI A.[Amhiti-s;Sknatuhconsui.tum.] 
AURE'LIA JUDICIA'RIA. [Jui.ex, p. 

650, a.| 

AURF.'LIA TRIBUNKIA. [Triiiuni.] 
HAE'BIA (B.C. 192), which ejiacted that four 
praetors and six praetors should be chosen in al- 
termite years (Liv. xl. 44); but the law was not 
observed. (Meyer, Orator. Human. I-'rat/m. p. 90, 
2nd ML) 

BAK BIA CORNELIA. [Ambitus.] 



CAECI'LIA DE CENSO'RIBUS or CEN- 
SO'RIA (B.C. 54), proposed by Metellus Scipio, 
repealed a Clodia Lex (b. c. 58), which had pre- 
scribed certain regular forms of proceeding for the 
Censors in exercising their functions as inspectors 
of Mores, and had required the concurrence of both 
Censors to inflict the nota censoria. When a 
senator had been already convicted before an ordi- 
nary court, the lex permitted the Censors to re- 
move him from the senate in a summarv way. 
(Dion Cass. xl. 57, xxxviii. 13; Cic. pro Sestio, 
25 ; Dig. 50. tit 16. s. 203. De Portorio.) 

CAECI'LIA DE VECTIGA'LIBUS (b. c. 
62 >, released lands and harbours in Italy from the 
payment of taxes and dues (porloriu). The only 
vectigal remaining after the passing of this lex was 
the Vicesima. (Dion Cass, xxxvii. 51 ; Cic. ad Att. 

ii. 16, ad Quint, i. 10.) 

CAECI'LIA DI'DIA (b. c. 98), forbade the 
proposing of a Lex Satura, on the ground that the 
people might be compelled either to vote for some- 
thing which they did not approve, or to reject some- 
thing which they did approve, if it was proposed 
to them in this manner. This lex was not always 
operative. It also contained a provision that Leges 
must be promulgated " trinis nundinis " before 
they were proposed. (Cic. Phil. v. 3, pro Domo, 
16, 20, ad Att. ii. 9.) [Lex and Licixia Junia.] 

CAECI'LIA De P. Sulla et P. Autronio 
(Orellii Onomasticon). 

CAE'LIA TABELLA'RIA. [Tabellariae 
Leges.] 

CALI'GULAE LEX AGRA'RIA. [Ma- 
mii.ia.] 

CALIM 'HXIA DE A'MBITU. [Ambitus.] 
CALPU'RNIA DECONDICTIO'NE. [Per 

Co.VDICTIONEM.] 

CALPU'RNIA DE REPETUNDIS. [Repe- 

TUNDAE.] 

CANULE'IA (B.C. 445), established connu- 
bium between the Patres and Plebs, which had 
been taken away by the law of the Twelve Tables. 
(Liv. iv. 1, 4 ; Cic. de Pep. ii. 37.) 

CA'SSIA (b.c 104), proposed by the tribune 
L. Cassius Longinus, did not allow a person to re- 
main a senator who had been convicted in a Judi- 
cium Populi. or whose Imperium had been abro- 
gated by the populus. (Ascon. in Cic. Cornel. 
p. 78, cd". OrellL) 

CA'SSIA (Tacit. Ann. xi. 25), which empowered 
the Dictator Caesar to add to the number of the 
Patricii, to prevent their extinction. (Compare 
Sueton. Cues. 41.) C. Octavius was made a pa- 
trician by this lex. (Sueton. Aug. 2.) 

CA'SSIA AGRA'RIA, proposed by the consul 
Sp. Cassius, ac 486. (Liv. ii. 41 ; Dionys. viii. 
76.) 

CA'SSIA TABELLA'RIA. [Tabellariae 
Leges.] 

CA'SSIA TERE'XTIA FRUMENTA'RIA 
(b. 0. 73) for the distribution of corn among the 
poor citizens and the purchasing of it. (Cic. Verr. 

iii. 70, v. 21.) [ Fit I'M enta ria k Legks. ] 
CIN'CIA LEX, or MUNERA'LIS. Thislex 

was a pli'biscitum passed in the time nf the tribune 
M.Ciucius Alimrntus (n.c. 204), nnd entitled Da 
Uonis rt Munrriliu* I Cic. de Oral. ii. 71, ad Att. 
i. 20; Liv. xxxiv. 4.) One provision of this luw, 
which forbade a person to take anything for his 
pains in pleading n cause, is recorded by Tacitus 
(Ann. xi. 5), A'c f/m'i ob cawntm orandam pecuniam 



686 



LEX CINCIA. 



LEGES CORNELIAE. 



donumve accipiat. In the time of Augustus, the 
lex Cincia was confirmed by a senatusconsultum 
(Dion Cass. liv. 18), and a penalty of four times 
the sum received was imposed on the advocate. 
This fact of confirmation will explain a passage in 
Tacitus (Ann. xiii. 42). The law was so far modi- 
fied in the time of Claudius, that an advocate was 
allowed to receive ten sestertia; if he took any 
sum beyond that, he was liable to be prosecuted 
for repetundae (repetundarum tenebatur, Tacit. Ann. 
xi. 7; see also Sueton. Nero, 17, and the note in 
Burmann's edition). [Repetundae.] It appears 
that this permission was so far restricted in Tra- 
jan's time, that the fee could not be paid till the 
work was done. (Plin. Ep. v. 21). 

So far the Cincian law presents no difficulty; 
but it appears that the provisions of the law were 
not limited to the case already stated. They ap- 
plied also to gifts in general: or, at least, there 
were enactments which did limit the amount of 
what a person could give, and also required gifts 
to be accompanied with certain formalities ; and it 
does not seem possible to refer these enactments to 
any other than the Cincian law. The numerous 
contradictions and difficulties which perplex this 
subject, are perhaps satisfactorily reconciled and 
removed by the following conjecture of Savigny 
(Ueber die Lex Cincia, Zeitschrift, &c. iv.) : — 
" Gifts which exceeded a certain amount were only 
valid when made by mancipatio, in jure cessio, or 
by tradition : small gifts consequently were left to 
a person's free choice as before ; but large gifts 
(except in the case of near relations) were to be 
accompanied with certain formalities." The object 
of the law, according to Savigny, was to prevent 
foolish and hasty gifts to a large amount ; and 
consequently was intended among other things to 
prevent fraud. This was effected by declaring 
that certain forms were necessary to make the gift 
valid, such as mancipatio and in jure cessio, both 
of which required some time and ceremony, and so 
allowed the giver opportunity to reflect on what 
he was doing. These forms also could not be ob- 
served, except in the presence of other persons, 
which was an additional security against fraud. 
It is true that this advantage was not secured by 
the law in the case of the most valuable tilings, 
nec mancipi, namely, money, for the transferring of 
which bare tradition was sufficient ; but, on the 
other hand, a gift of a large sum of ready money is 
one that people of all gifts are least likely to make. 

Savigny concludes, and principally from a pas- 
sage in Pliny's letters (x. 3), that the Cincian law 
originally contained no exception in favour of rela- 
tives ; but that all gifts above a certain amount 
required the formalities already mentioned. The 
emperor Antoninus Pius introduced an exception in 
favour of parents and children, and also of near 
collateral kinsmen. It appears that this exception 
was subsequently abolished (Cod. Hermog. vi. 1), 
but was restored by Constantine (a. r>. 319) so far 
as it was in favour of parents and children ; and so 
it continued as long as the provisions of the Cincian 
law were in force. 

As to the amount beyond which the law forbade 
a gift to be made, except in conformity to its pro- 
visions, see Savigny, Zeitschrift, &c. iv. p. 36. 

The matter of the lex Cincia is also discussed in 
an elaborate essay by Hasse (Rheinisches Museum, 
1827), and it is discussed by Puchta, Inst. vol. ii. 
§ 206. These examinations of the subject, toge- 



ther with the essay of Savigny, will furnish the 
reader with all the necessary references and ma- 
terials for investigating this subject. 

CLAU'DIA, a Lex passed in the time of the 
emperor Claudius, took away the agnatorom tutela 
in the case of women. (Gaius, i. 171.) 

CLAU'DIA De Senatoribus, b. c. 218. The 
provisions of this Lex are stated by Livy (xxi. 
63), and alluded to by Cicero (in Verr. v. 18) as 
antiquated and dead. 

C LAU'DI A De Sociis, b. c. 1 77. (Liv. xli. 8, 9.) 

CLAU'DIA De Senatu cooptando Hale- 
sinorum (Cic. in Verr. ii. 49). 

CLO'DIAE, the name of various plebiscite, pro- 
posed by Clodius when tribune, B. c. 58. 

Clodia de Auspiciis, prevented the magis- 
trate from dissolving the Comitia Tributa, by 
declaring that the auspices were unfavourable. 
This lex therefore repealed the Aelia and Fufia. 
It also enacted that a lex might be passed on the 
Dies Fasti. (Dion Cass, xxxviii. 13 ; Cic. in 
Vatin. 17, in Pison. 4, 5.) [Aelta Lex.] 

Clodia de Censorjbus. [Caeuilia.] 

Clodia de Civibus Romanis Interemptis, 
to the effect that " qui civem Romanum indemna- 
tum interemisset ei aqua et igni interdiceretur." 
(Veil. Pat. ii. 45.) It was in consequence of this 
lex that the interdict was pronounced against Ci- 
cero, who considers the whole proceeding as a 
privilegium. (Pro Domo, 18, &c, Post Redit. in 
Sen. 2. 5, &c. ; Dion Cass, xxxviii. 14.) 

Clodia Frumentaria, by which the com, 
which had formerly been sold to the poor citizens 
at a low rate, was given. (Dion Cass, xxxviii. 13 ; 
Cic. pro Domo, 10.) [Frumentariae Leges.] 

Clodia de Sodalitatibus or de Collegiis 
restored the Sodalitia which had been abolished by 
a senatusconsultum of the year B. c. 80, and per- 
mitted the formation of new sodalitia. (Cic. in 
Pis. 4, pro Sest. 25, ad.Att. iii. 15 ; Dion Cass, 
xxxviii. 13.) 

Clodia de Libertinorum Suffragiis (Cic. 
pro Mil. 12, 33). 

Clodia de Rege Ptolemaeo et de exsu- 
libus Byzantinis (Veil. Pat. ii. 45 ; Cic. pro 
Dom. 8, 20, pro Sest. 26 ; Dion Cass, xxxviii. 30 ; 
Plut. Cat. Min. 34). 

There were other so-called Leges Clodiae, which 
were however Privilegia. 

COE'LIA. [Caelia.] 

COMMISSO'RIA LEX. [Commissoria 
Lex.] 

CORNE'LIAE. Various leges passed in the 
dictatorship of Sulla and by his influence, are so 
called. (Liv. Epit. 89.) 

Agraria, by which many of the inhabitants of 
Etruria and Latium were deprived of the complete 
civitas and retained only the commercium, and a 
large part of their lands ivere made Publicum and 
given to military colonists. (Cic. inRull. ii. 28, 
iii. 2, 3.) 

De Civitate. (Liv. Epit. 86 ; Cic. pro Dom. 
30, pro Caecin. 33, 35 ; Sail. Hist. Frag. lib. 1. 
Orat. Lepidi.) 

De Falsis. [Falsum.] 

De Injuriis. [Injuria.] 

Judiciaria. [Judex, p. 650, a.] 

De Magistratibus (Appian, Bell. .Civ. i. 
100, 101), partly a renewal of old Plebiscita (Liv. 
vii. 42, x. 13). 

Majestatis. [Majestas.] 



LEGES C0RXEL1AE. 



LEGES CORNELIAE. G87 



NUMMARIA. [FaLSUM.] 

De Proscriptions et Proscriptis. [Pro- 
scription 

De Provinchs Ordixandis (Cic. ad Fam. i. 
9, iii. 6, 8, 10). 

De Parricidio. [Sec below, Lex de Sica- 
riis.] 

De Rejectione Judicum (Cic. Verr. ii. 31 ; 
and Orellii Onomasticon). 

De Repetcndis (Cic. pro Rabir. 4). 

De Sacerdotiis. [Sacerdotia.] 

De Sententia Ferexoa (Cic. pro Cluenl. 
cc. 20, 27). This was probably only a chapter in 
a Lex Judiciaria. 

De Sicarhs et Veneficis. A law of the 
Twelve Tables contained some provision a3 to 
homicide (Plin. H. N. xviiL 3), but this is 
all that we know. It is generally assumed 
that the law of Numa Pompilius, quoted by Fes- 
tus (a. v. Parici Quaestores), " Si qui3 hominem 
liberum dolo scions morti duit paricida esto," was 
incorporated in the Twelve Tables, and is the law 
of homicide to which Pliny refers ; but this can- 
not be proved. It is generally supposed that the 
laws of the Twelve Tables contained provisions 
against incantations (malum carmen) and poison- 
ing, both of which offences were also included 
under parricidiuni : the murderer of a parent was 
sewed up in a sack (cuieus or culleus) and thrown 
into a river. It was under the provisions of some 
old law that the senate by a consultum ordered the 
consuls P. Scipio and D. Brutus (b. c. 138) to in- 
quire into the murder in the Silva Scantia (.SV/rn 
AVfa, Cic. lirutus, 22). The lex Cornelia dc si- 
cariis et veneticis was passed in the time of the 
dictator Sulla, B. c. 82. The lex contained provi- 
sions as to death or fire caused by dolus malus, 
and against persons going about armed with the 
intention of killing or thieving. The law not only 
provided for cases of poisoning, but contained pro- 
visions against those who made, sold, bought, 
possessed, or gave poison for the purpose of poison- 
ing ; also against a magistratus or senator who 
conspired in order that a person might be con- 
demned in a judicium publicum, &c. (Compare 
Cic. pro fluent, c. 54, with Dig. 49. tit 8.) To 
the provisions of this law was subsequently added 
a scnatusconsultum against mala sacriheia, other- 
wise called impia sacriheia, the agents in which 
were brought within the provisions of this lex. 
The punishment inflicted by the law was the in- 
terdictio aquae et ignis, according to some modern 
writers. Marcian (Dig. 49. tit. 8. s. 8) gays that 
the punishment was depurtatio in insulnm et 
bonomm ademtio. These statements are recon- 
cilable when we consider that the deportatio under 
the emperors took the place of the interdictio, and 
the expression in the Digest was suited to the 
times of the writers or the compilers. Besides, 
it appears that the lex was modified by various 
lenatusconsulta and imperial rescripts. 

The Lex Pompeia de Parricidiis, passed in the 
timi' of Cn. Pompeius, extended the crime of par- 
llddfl to the killing (dolo malo) of a brother, sister. 
Duds, aunt, and many other relations enumerated 
by Marcianus (Dig. 4.'). tit 9. s. I ) ; this enumera- 
tion also comprises vitriciis, noverea, privignus, pri- 
vigna, pfttroil US, pnlrona, an avus who killed a 
ne|«is, and a mother who killed a filius or filia ; 
but it did not extend to a father. All privies to 
the crime were also punished by the law, and 



attempts at the crime also came within its pro- 
visions. The punishment was the same as that 
affixed by the lex Cornelia de sicariis (Dig. /. c), 
by which must be meant the same punishment 
that the lex Cornelia affixed to crimes of the same 
kind. He who killed a father or mother, grand- 
father or grandmother, was punished (more majo- 
rum) by being whipped till he bled, sewn up in a 
sack with a dog, cock, viper, and ape, and thrown 
into the sea, if the sea was at hand, and if not, by 
a constitution of Hadrian, he was exposed to wild 
beasts, or, in the time of Paulus, to be burnt. The 
ape would appear to be a late addition. The mur- 
derers of a father, mother, grandfather, grand- 
mother only were punished in this manner (Mo- 
dest. Dig. 49. tit. 9. s. 9) ; other parricides were 
simply put to death. From this it is clear that the 
lex Cornelia contained a provision against parri- 
cide, if we are rightly informed as to the provisions 
de sicariis et veneficis, unless there was a separate 
Cornelia lex de parricidiis. As already observed, 
the provisions of those two leges were modified in 
various ways under the emperors. 

It appears from the law of Numa, quoted by 
Festus (s. r. Parici Quaeslores), that a parricida 
was any one who killed another dolo malo. Cicero 
( pro Hose. Am. c. 25) appears to use the word in 
its limited sense, as he speaks of the punishment 
of the culleus. In this limited sense there seems 
no impropriety in Catilina being called parricida, 
with reference to his country ; and the day of 
the dictator Caesar's death might be called a parri- 
cidiuni, considering the circumstances under which 
the name was given. (Suet. Cae.». c. 88.) If the 
original meaning of parricida be what Festus says, it 
may be doubted if the etymology of the word (pater 
and cacdo) is correct ; for it appears that paricida or 
parricida meant murderer generally, and afte rwards 
the murderer of certain persons in a near relation- 
ship. If the word was originally patricida, the law 
intended to make all malicious killing as great an 
offence as parricide, though it would appear that 
parricide, properly so called, was, from the time of 
the Twelve Tables at least, specially punished with 
the culleus, and other murders were not. (Dig. 
49. tit. 8, 9 ; Paulus, Reeept. Sentenl. v. tit. 
24 ; Dirksen, L'ebcrsicht, tlr. tier Zwolfltijelijosclze, 
Leipzig.) 

Sl'MTUARlAE. [SuMTUARIAE LEGES.] 

Testamentaria. [ F ALBUM. ) 

Trim' nh.ia, which diminished the power of the 
Tri mini Plebis. (Veil. Pat. ii. 30; Appian, Hell. 
Civ. ii. 29 ; Caes. Hell. Civ. i. 7.) 

U.NCIARIA, appears to have been a lex which 
lowered the rate of interest, and to have been 
passed about the same time with the Leges Sum- 
tuariae of Sulla. (Festus, ». r. Unciaria.) 

De Vadimomo. [Vadimoniom.] 
'De Vi Prune*. [Vis Prnuci. ] 
There were other Leges Comeliae, such as that 

de Sponsorilms [ I NTKitrKSMoJ, which may bo 

Leges of L. Cornelius Sulla. 

Then were also Leges Comeliae which wero 

proposed by the Tribune C. Cornelius about n. c. 

<>7, nnd limited the F.dictnl power by compelling 

the Praetors Jtu dicere ex edietis suis perpetuiai 

(Ascon. in Cic, Cornel, p. 58 ; Dion Cass, xxxvi. 
23.) ( Kpif.Tf'M. ] 

Another La of the same Tribune enacted that 
no one " legibus solverotnr," un|e»s such a measure 
wns agreed on in a meeting of the Senate at which 



688 LEX DUODECIM TABULARUM. 

two hundred members were present and after- 
wards approved by the people ; and it enacted that 
no Tribune should put his veto on such a Sena- 
tusconsultum. (Ascon. in Cic. Cornel, pp. 57,58.) 

There was also a Lex Cornelia concerning the 
wills of those Roman citizens who died in' cap- 
tivity (apud hostes). [Legatum, p. 676, b; Post- 
liminium.] 

CORNE'LIA De Novis Tabellis, proposed 
by the Tribune P. Cornelius Dolabella, B.C. 47, and 
opposed by M. Antonius, Magister Equitum. (Liv. 
Epit. 113; Dion Cass. xlii. 32; Plut. Anton.9.) 

CORNE'LIA ET CAECPLIA De Cn. Pom- 
peio, B. c. 57, gave Cn. Pompeius the superintend- 
ence over the Res Frumentaria for five years, with 
extraordinary powers. (Cic. ad Att. iv. 1 ; Liv. 
Epit. 104 ; Dion Cass, xxxix. 9 ; Plut. Pomp. 
49.) [Frumentariae Leges.] 

CURIA'TA LEX De Imperio. [Impe- 

JtlUM.] 

CURIA'TA LEX De Adoptione. [Adop- 
tio ; and Gell. v. 19; Cic. ad Att. ii. 7; Sueton. 
Auq. 65 ; Tacit. Hist. i. 15.] 

CORNE'LIA BAE'BIA DE AMBITU, pro- 
posed by the consuls P. Cornelius Cethegus and 
M. Baebius Tamphilus, B.C. 181. (Liv. xl. 19 ; 
Schol. Bob. in Cic. pro Sulla, p. 361, ed. Orelli.) 
This law is sometimes, but erroneously, attributed 
to the consuls of the preceding year, L. Aemilius 
and Cn. Baebius. [Ambitus.] 

DECEMVIRA'LIS. [Lex Duodecim Ta- 

BULaRUM.] 

DECIA de Duumviris Navalibus (Liv. ix. 

30 ; see Atilia Marcia). 

DI'DIA. [Sumtuariae Leges.] 
DOMI'TIA DE SACERDO'TIIS. [Sacer- 

dotia.] 

DUI'LIA (b. c. 449), a plebiscitum proposed by 
the Tribune Duilius, which enacted " qui plebem 
sine tribunis reliquisset, quique magistratum sine 
provocatione creasset, tergo ac capite puniretur." 
(Liv. iii. 55.) 

DUI'LIA MAE'NIA De Unciario Foenore 
b.c. 357. (Liv. ii. 16, 19.) 

The same tribunes Duilius and Maenius carried 
a measure which was intended in future to prevent 
such unconstitutional proceedings as the enactment 
of a Lex by the soldiers out of Rome, on the pro- 
posal of the Consul. (Liv. vii. 16.) 

DUO'DECIM TABULA'RUM. In the year 
B. C 462 the Tribune C. Terentilius Arsa pro- 
posed a rogation that five men should be ap- 
pointed for the purpose of preparing a set of laws 
to limit the Imperium of the consuls. (Liv. iii. 9.) 
The Patricians opposed the measure, but it was 
brought forward by the tribunes in the following 
year with some modifications : the new rogation 
proposed that ten men should be appointed {legum 
latores) from the plebs and the patricii, who were 
to make laws for the advantage of both classes, and 
for the " equalizing of liberty," a phrase the im- 
port of which can only be understood by reference 
to the disputes between the two classes. (Liv. ii. 
10 ; Dionys. x. 3.) According to Dionysius (x. 
52, 54) in the year B.C. 454 the Senate assented 
to a Plebiscitum, pursuant to which commissioners 
were to be sent to Athens and the Greek cities 
generally, in order to make themselves acquainted 
with their laws. Three commissioners were ap- 
pointed for the purpose. On the return of the 
commissioners, B.C. 452, it was agreed that persons 



LEX DUODECIM TABULARUM. 
should be appointed to draw up the code of laws 
(decemviri Legibus scribundis), but they were to 
be chosen only from the Patricians, with a provi- 
sion that' the rights of the Plebeians should be 
respected by the decemviri in drawing up the 
laws. (Liv. iii. 32, &c.) In the following year 
(b.c 451) the Decemviri were appointed in the 
Comitia Centuriata, and during the time of their 
office no other magistratus were chosen. The body 
consisted of ten Patricians, including the three 
commissioners who had been sent abroad : Appius 
Claudius, Consul designatus, was at the head of the 
body. The Ten took the administration of affairs 
in turn, and the Insignia of office were only used 
by him who for the time being directed the ad- 
ministration. (Liv. iii. 33.) Ten Tables of Laws 
were prepared during the year, and after being 
approved by the Senate were confirmed by the 
Comitia Centuriata. As it was considered that 
some further Laws were wanted, Decemviri were 
again elected B.C. 450, consisting of Appius Clau- 
dius and his friends : but the second body of 
Decemviri comprised three plebeians, according to 
Dionysius (x. 58), but Livy (iv, 3) speaks only of 
Patricians. Two more Tables were added by 
these Decemviri, which Cicero {de Repub. ii. 37) 
calls " Duae tabulae iniquarum legum." The pro- 
vision which allowed no connubium between the 
Patres and the Plebs is referred to the Eleventh 
Table. (Dirksen, Uebersicht, &c, p. 740.) The 
whole Twelve Tables were first published in the 
consulship of L. Valerius and M. Horatius after 
the downfall of the Decemviri, B. c. 449. (Liv. iii. 
54, 57.) This the first attempt to make a code 
remained also the only attempt for near one thou- 
sand years, until the legislation of Justinian. The 
Twelve Tables are mentioned by the Roman 
writers under a great variety of names : Leges De- 
cemvirales, Lex Decemviralis, Leges XII., Lex XII. 
tabularam or Duodecim, and sometimes they are 
referred to under the names of Leges and Lex 
simply, as being pre-eminently The Law. 

The Laws were cut on bronze tablets and put 
up in a public place. (Liv. iii. 57 ; Diod. xii. 56.) 
Pomponius (Dig. 1. tit. 2. s. 2. § 4) states that the 
first Ten Tables were on ivory {tabulae eboreae) : 
a note of Zimmern {Oesch. des Rom. Privatrechts, 
vol.i. p. 101) contains references to various autho- 
rities which' treat of this disputed matter. After 
the burning of the city by the Gauls (Liv. vi. 1), 
an order was made to collect the old foedera and 
leges ; for, as it has been well remarked, Livy's 
words, which are supposed to imply that the 
Twelve Tables were lost, and restored or recon- 
structed, may just as well mean that they were 
not lost. Indeed, the juster interpretation of the 
passage is, that they were looked for and were 
found. However this may be, neither the Romans 
of the age of Cicero nor at any time after had 
any doubt as to the genuineness of the collection 
which then existed. 

The legislation of the Twelve Tables has been a 
fruitful matter of speculation and inquiry to modern 
historians and jurists, who have often handled the 
subject in the most uncritical manner and with 
utter disregard to the evidence. As to the mis- 
sion to the Greek cities, the fact rests on as much 
and as good evidence as most other facts of the 
same age, and there is nothing in it improbable, 
though we do not know what the commissioners 
brought back with them. It is further said that 



LEX DUODECIM TABULARUM. 



LEX DUODECIM TABULARUM. C89 



Hermodorus an Ephesian exile aided the Decem- 
viri in drawing ap the Twelve Tables, though his 
assistance would probably be confined to the inter- 
pretation of Greek laws, as it has been suggested 
(Strabo, p. 642, Casaub. ; Pompon, de Grig. Juris, 
Dig. 1. tit. 2. s. 2. § 4). This tradition was con- 
finned by the fact of a statue having been erected 
in the Comitium at Rome in memory of Hermo- 
dorus : but it did not exist in the time of Pliny. 
(Plin. H.N. xxxiv. 5.) 

The Twelve Tables contained matters relating 
both to the Ju3 Publicum and the Jus Privatum 
(funs puUici priratir/ue juris, Liv. iii. 34). The 
Jus Publicum underwent great changes in the 
course of years, but the Jus Privatum of the Twelve 
Tables continued to be the fundamental law of the 
Roman State Cicero speaks of learning the laws 
of the Twelve Tables (ut carmen necessarium) when 
a boy (de Leg. ii. 4, 23) ; but he adds that this 
practice had fallen into disuse when he wrote, the 
Edict having then become of more importance. 
But this does not mean that the fundamental prin- 
ciples of the Twelve Tables were ever formally 
repealed, but that the Jus Honorarium grew up 
by the side of them and mitigated their rigour oi 
supplied their defects. There is indeed an instance 
in which positive legislation interfered with them, 
by the abolition of the Legis actiones ; but the 
Twelve Tables themselves were never repealed. 
They became the foundation of the Jus Civile ; 
and they continued to exist together with the un- 
written I-iw. The Law which grew up in the 
course of time existed in harmony with the Twelve 
Taldes. and was a development of their fundamental 
principles. It is a remarkable circumstance in the 
hkfafy of Roman Liw and a proof of the practical 
skill of the Romans, that long before Jurisprudence 
was a science, the doctrine of Succcssio per Uni- 
versitatcm was so completely and accurately stated 
in the Law of the Twelve Tables, that the Jurists 
of the best period could find nothing to improve. 
(Cod. 3. tiL 36. s. 6 ; 10. tit. 2. s. 25. § 9. 13 ; 4. 
tit. 16. s. 7 ; 2. tit 3. s. 26 ; Savigny's System, 
&c. i. p. 383.) The Roman writers speak in high 
terms of the precision of the enactments contained 
in the Twelve Tables, and of the propriety of 
the language in which they were expressed. (Cic. 
de Hep. iv. 8 ; Diodor. xiL 26.) That many of 
their provisions should have become obscure in 
the course of time, owing to the change which 
language undergoes, is nothing surprising ; nor 
can we wonder if the strictness of the old law 
should often have seemed unnecessarily harsh in a 
later age. (Oell. xvi. 10.) So far as we can form 
a judgment by the few frairments which remain, 
the enactments were expressed with great brevity 
and archaic simplicity. 

Scxtus Aelius Paetus Catus in his Tripartita 
commented on the Twelve Tables, and the work 
existed in the time of Pomponius. [Jrs Aelia- 
w;m.] Antiathis Labeo also wrote a comment on 
the Tables, which is mentioned several times by 
(ielliun. (i. 12, vii. xx. I.) f miiis also wrote 
a Comment on the Tables in six books (ud leg m 
XII. ttiliulnrum), twenty fragments of which are 
contained in the Digest, and collected by Hom- 
melim in \\\* I'aliugenesia. (i. 117.) There were 
also other commentaries or explanations of the 
Liws of the Twelve Tables. (Cic. de Leg, ii. 23, 
2.5.) 

The notion which has sometimes been enter- 



tained that the Twelve Tables contained a body 
of rules of law entirely new, is not supported by 
any evidence, and is inconsistent with all that we 
know of them and of Roman institutions. It is 
more reasonable to suppose that they fixed in a 
written form a large body of customary law, which 
would be a benefit to the Plebeians, inasmuch as 
the Patricians were the expounders of the law ; 
and it would be to the Patricians a better security 
for their privileges. One of the two last tables con- 
tain- d a provisiun which allowed no Connubium he- 
I tween Patricians and Plebeians ; but it is uncertain 
whether this was a new rule of law, or a confirmation 
of an old rule. The latter seems the more probable 
supposition ; but in either case it is clear that it 
was not one of the objects of this legislation to 
put the two classes on the same footing. Modem 
writers often speak inaccurately of the Decemviral 
legislation, and of the Decemviri as enacting Laws, 
as if the Decemviri had exercised sovereign power ; 
but they did not even affect to legislate abso- 
lutely, for the Ten Tables were confirmed by the 
\ Comitia Ccnturiata, or the sovereign people, or, as 
Niebuhr expresses it, " when the Decemviri had 
satisfied every objection they deemed reasonable, 
and their work was approved by the Senate, they 
brought it before the Centuries, whose assent was 
ratified by the Curies, under the presidency of 
the colleges of priests and the sanction of happy 
! auspices." (Vol. ii. p. 313.) The two new Tables 
were confirmed in the same way, as we may safely 
conclude from the circumstances of the case. (Liv. 
ii. 37, 57.) It makes no difference that the 
Sovereign people did not vote on the several 
laws included in the Tables : such a mode of le- 
I gislation would have been impracticable, and, 
as Niebuhr observes, was not conformable to the 
usage of ancient Commonwealths. How far the 
Decemviri really were able, by intrigue or other- 
wise, to carry such particular measures as they 
wished to insert in the Tables, is a different ques- 
tion : but in form their so-called legislation was 
confirmed, as a whole, by the sovereign, that is, 
the Roman people, and consequently the Decemviri 
are improperly called Legislators: they might be 
called code-makers. 

It is consistent with the assumption that the 
Twelve Tables had mainly for their object the cm- 
bodying of the customary law in writing, to admit 
that some provisions were also introduced from 
the laws of other states. Indeed, where the Roman 
law was imperfect, the readiest mode of supplying 
the defects would be by adopting the rules of law 
that had been approved by experience among other 
people, and were capable of being easily adapted to 
the Roman system. Oaius, in his Commentary on 
the Twelve Tables, where hp is speaking of Collegia 
(Dig. 47. tiL 22. s. 4), says, that the members of 
Collegia may make what terms they please among 
themselves, if they thereby violate no Ptiblica Lex ; 
and he adds, this Lex seems to be taken from one 
of Solon's, which he quotes. And in another pas- 
sage, when he is speaking of the Actio finiiim re- 
gnndorum (Dig. 10. tit. I. s. 13), he refers to a law 
nl Solon as the source of certain rules ai to boun- 
daries. (See also Cicero, de Leg. ii. 25.) Ii in a 
possible nine that the Unmans had no written law 
before tlie enactment of the Twelve Tables, except 
a few Leges, nnd if this is so, the prudence of 
applying to those states which had bodies of 
written law, if it were only as samples and pai- 
V V 



690 



LEX GABINIA. 



LEGES JULIAE. 



terns of the form of written law, is obvious. How- 
ever, what was actually received of foreign law 
could not be more than a few rules of an arbitrary 
nature, which in no way depend on the peculiar 
system of law of any country. The Jus Priva- 
tum was hardly and indeed could hardly be affected 
by any rules of foreign law ; and as to resemblance 
between Roman Law and the Law of any Greek 
states, that is no ground for a conclusion that the 
Roman rules are derived from the Greek. 

The fragments of the Twelve Tables have often 
been collected, but the most complete essay on their 
history, and on the critical labours of scholars and 
jurists, is by Dirksen, Uebersicht der bishcrigen Ver- 
suche zur Krit'ik und Herstellung des Textes der 
Zwolf-Tafel-Fragmente, Leipzig, 1824. Zimmern's 
Geschichte, &c. contains references to all the au- 
thorities on this subject ; and Puchta's InstitutUmen, 
&c. i. § 54, 55, 73, 78, some valuable remarks on 
them. 

FA'BIA DE PLA'GIO. [Plagium.] 
FA'BIA De Numero Sectatorum (Cicero 
Murena, 34). 
FALCPDIA. [Legatum.] 
FA'NNIA. [Sumtuariae Leges.] 
FA'NNIA. [Junia de Peregrinis.] 
FLAMPNIA, was an Agraria Lex for the 
distribution of lands in Picenum, proposed by the 
tribune C. Flaminius, in B. c. 228 according to 
Cicero, or in B. c. 232 according to Polybius. The 
latter date is the more probable. (Cic. A cad. ii. 5, 
deSenect. 4 ; Polyb. ii. 21.) 

FLA'VIA AGRA'RIA, b. c. 60, for the dis- 
tribution of lands among Pompeius' soldiers, pro- 
posed by the Tribune L. Flavins, who committed 
the Consul Caecilius Metellus to prison for op- 
posing it. (Cic. ad Att. i. 18, 19 ; Dion Cass, 
xxxvii. 50.) 

FRUMENTA'RIAE. [Frumentariae 
Leges.] 
FU'FIA. [Aelia.] 

FU'FIA DE RELIGIO'NE, b. c. 61, was a 
privilegium which related to the trial of Clodius. 
(Cic. ad Att. i. 13, 16.) 

FU'FIA JUDICIA'RIA. [Judex, p. 650, a., 
and the remarks in Orellii Onomasticon.] 

FU'RIA or FU'SIA CANI'NIA, limited the 
number of slaves to be manumitted by testament. 
[Manumissio.] 

FU'RIA DE FENORE (Gaius, iii. 122). 

FU'RIA DE SPONSORIBUS. [Interces- 
sion 

FU'RIA or FUSIA TESTAMENTA'RIA. 
[Legatum.] 

GABI'NIA TABELLA'RIA. [Tabella- 
riae.] 

There were various Gabiniae Leges, some of 
which were Privilegia, as that (b. c. 67) for con- 
ferring extraordinary power on Cn. Pompeius for 
conducting the war against the pirates. ( Cic. pro 
Lege Man.il. 17 ; Veil. Pat. ii. 31 ; Dion Cass, 
xxxvi. 6 ; Plut. Pomp. 25.) 

A Gabinia Lex, b. c. 58, forbade all loans of 
money at Rome to legationes from foreign parts 
{Salaminii cum Romae versuram facere vellent, non 
poterant, quod Lex Gabinia vetabat, Cic. ad A tt. v. 
21, vi. 1, 2). The object of the lex was to pre- 
vent money being borrowed for the purpose of 
bribing the senators at Rome. There was a Lex 
Gabinia intitled De Senatu legatis dando (Cic. ad 
Q.Fr. ii. 13). 



GE'LLIA CORNE'LIA, b. c. 72, which gave 
to Cn. Pompeius the extraordinary power of con- 
ferring the Roman civitas on Spaniards in Spain, 
with the advice of his consilium {de consilii sen- 
tentia, Cic. pro Balb. 8, 1 4). 

GENU'CIA, b. c. 341, forbade altogether the 
taking of interest for the use of money. (Liv. vii. 
42.) It is conjectured that Appian {Bell. Civ. i. 
54) alludes to this law (Orellii Onomasticon). 
Other Plebiscita of the same year are mentioned 
by Livy (vii. 42). 

GALLIAE CISALPI'NAE. [Rubria.] 

HIERO'NICA was not a Lex properly so 
called. Before the Roman conquest of Sicily, the 
payment of the tenths of wine, oil, and other pro- 
duce had been fixed by Hiero, and the Roman 
quaestors, in letting these tenths to farm, followed 
the practice which they found established. (Cic. 
Verr. ii. 13, 26, 60, iii. 6, &c.) 

HI'RTIA De Pompeianis (Cic. Phil. xiii. 16.) 

HORA'TIA, proposed by M. Horatius, made 
the persons of the Tribunes, the Aediles, and others 
sacrosancti. (Liv. iii. 55.) [Valeriae et Ho- 

RATIAE.] 

Another Lex Horatia mentioned by Gellius 
(vi. 7) was a privilegium. 

HORTE'NSIA DE PLEBISCI'TIS. [Ple- 

BISC1TUM ; PUBLILIAE LEGES.] 

Another Lex Hortensia enacted that the nun- 
dinae, which had hitherto been Feriae, should be 
Dies Fasti. This was done for the purpose of ac- 
commodating the inhabitants of the country. 
(Macrob. i. 16 ; Plin. H. N. xviii. 3.) 

HOSTI'LIA DE FURTIS is mentioned only 
in the Institutes of Justinian (iv. tit. 10). 

ICI'LIA, intitled by Livy, De Aventino Pub- 
licando, was proposed by L. Icilius, tr. pi. b. c. 
456. As to the object of this Lex, see the passages 
which are here referred to ; and particularly Dio- 
nysius, and the article Superficies. (Liv. iii. 31, 
32 ; Dionys. x. 32, 33 ; Niebuhr, Hist, of Rome, 
ii. p. 301 ; Puchta, Inst. ii. § 244.) 

Another Lex Icilia, proposed by the Tribune Sp. 
Icilius b. c. 471, had for its object to prevent all 
interruption to the Tribunes while they were ad- 
dressing the Plebs. In some cases the penalty 
was death. (Dionys. vii. 17 ; Cic. pro Sestio, 
37 ; Niebuhr, ii. p. 231.) 

JU'LIAE, leges, most of which were passed in 
the time of C. Julius Caesar and Augustus. 

De Adulteriis. [ Adulterium.] 

Agraria is referred to by Suetonius {Jul. 
Caesar, c. 20), and in the Digest, De Termino 
Moto (47. tit. 21). But the lex of C. Caesar, re- 
ferred to in the Digest, is probably a lex of Cali- 
gula. The Agraria lex of the dictator Caesar was 
passed B. c. 59, when he was consul. (Dion Cass, 
xxxviii. 1 — 7, &c. ; Appian, Bell. Civ. ii. 10 ; 
Veil. Pat. ii. 44 ; Cic. Phil. ii. 39, ad Att. ii. 
16, 18 ; RudorfT, Lex Mamilia de Coloniis, Zeit- 
schrift, vol. ix.) 

De Ambitu. [Ambitus.] 

De Annona. (Dig. 48. tit. 1. s. 1.) 

De Bonis Cedendis. This lex provided that 
a debtor might escape all personal molestation from 
his creditors by giving up his property to them for 
the purpose of sale and distribution. (Gaius, iii. 
78.) It is doubtful if this lex was passed in the 
time of Julius Caesar or of Augustus, though pro- 
bably of the former. (Caesar, Bell. Civ. iii. 1 ; 
Sucton. Cues. 42 ; Tacit. Ann. vi. 16 ; Dion 



LEGES JULIAE. 



LEGES JULIAE. C!)l 



Cass. lviii. 21.) The beneficium of the lex was 
extended to the provinces l>y the imperial consti- 
tutions. (Cod. 7. tit 71. s. 4.) 

Caducaria is the same as the Lex Julia de 
Papia Poppaea. 

De Caede et Vexeficio (Sueton. Xcro, 
c 33), perhaps the same as the Lex De Vi Pub- 
lica. 

De Civitate, was passed in the consulship of 
L. Julius Caesar and P. Rutilius Lupus, B. c 

90. [ClVITAS ; FoEDERATAE C'lVlTATES.] 

Db Fenore, or rather De Pecuniis Mutuis or 
Crediti3 (B.C. 47), passed in the time of Julius 
Caesar (Sueton. Caes. c. 42 ; Caesar, de Bel/. Civil. 
iii. 1). The object of it was to make an arrange- 
ment between debtors and creditors, for the satis- 
faction of the latter. The possessiones and res 
were to be estimated at the value which they had 
before the civil war, and to be surrendered to the 
creditors at that value ; whatever had been paid 
for interest was to be deducted from the principal. 
The result was that the creditor lost about one- 
fourth of his debt ; but he escaped the loss, 
usually consequent on civil disturoance, which 
would have been caused by Novae Tabulae. (Cora- 
pare Caesar, de Hell. Civ. iii. 1, with Sueton. 
Cues. c. 42.) A passage of Tacitus {Ann. vi. 16) 
is sometimes considered as referring to this lex, and 
sometimes to the Lex de Bonis Cedcndis ; but it 
does not seem to refer to cither of them. The 
passage of Dion Cassius (Win. 21. Tltpl rwv 
arvfiSoKalwy) seems to refer to this Lex de Mutuis 
Pecuniis. 

De Fundo DotaLI. The provisions as to the 
Fundus Dotalis were contained in the Lex Julia 
de Adulteriis. (Gaius, ii. G3 ; Paulus, & It. ii. 
tit. 21. b. 2 ; Dig. lie Fmdo DotaH, 23. tit 5. 
s. 1, 2, 13.) This Julia Lex was commented on by 
Papinian, Ulpian, and Paulus. [Adulterium.] 

Judiciariae. The lex referred to in the Digest 
(4. tit. 8. s.41) by which a person under twenty 
years of age was not compelled to be a judex, is 
probably one of the Leges Juliae Judicianae. 
(Gcll. xiv. c. 2.) As to the other Juliae Leges 
Judicianae, see Judex. 

De Liberis Leoationibus. (Cic. ad Alt. xt. 
11.) [Lkoatu.k.] 

Majestatis. (Cic. Phil. L 91.) The Lex 
Majestatis of the Digest (48. tit 4) is probably a 
lex of Augustus. [Majestas.] 

De Mahitamiis Oruimhis. [Julia et 
Papia Poppaea.] 

Municipalis, commonly called the Table of 
Ileraclea. In the year 1732 there were found 
near the Gulf of Tarentum and in the neighbour- 
hood of the ancient city of Ileraclea, larnc frag- 
ments of a bronze tablet which contained on one 
side a Roman lex and on the other a Greek in- 
scription. The whole is now in the Museo Uor- 
bonico at Naples. The lex contains various pro- 
visions as to the police of the city of Koine, and as 
to the constitution of communities of Unman citi- 
zens {municipia, aJoniue, prarferturar. Jura, cm- 
ciliabula ririum Itnmanunim). It was accordingly 
I In of that kind which is called Satura. 

It is somewhat difficult to determine the date 
of this lex, but there seem to be only two dates 
which can he assumed as probable ; one is the time 
immediately after the Social War, or shortly after 
b. <: 89 ; the other is that which shortly followed 
the admission of the Tran.«padaiii to the civilas (u.t. 



49). This latter date, in favour of which various 
considerations preponderate, seems to be fixed 
about the year b. c. 45 bv a letter of Cicero {fid 
Fam. vi. 18). Compare the tablet L 94, 104, as 
to persons whom the lex excluded from the office 
of decurio. 

It seems that the lex of the year b. c. 49, which 
gave the civitas to the Transpadani, enacted that a 
Roman commissioner should be sent to all the 
towns for the purpose of framing regulations for 
their municipal organization. The Lex Julia 
empowered the commissioners to continue their 
labours for one year from the date of the lex, the 
terms of which were so extended as to comprise 
the whole of Italy. The lex was therefore appro- 
priately called Municipalis, as being one which 
established certain regulations for all municipia ; 
and this sense of the term municipalis must be dis- 
tinguished from that which merely refers to the 
local usaires or to the positive laws of any given 
place, and which is expressed by such terms as 
Lex Municipii, Lex Civitatis, and other equivalent 
terras. 

The name Lex Julia rests mainly on the fact 
(assumed to be demonstrated) that this lex was 
passed when Julius Caesar was in the possession of 
full power, that it is the lex referred to by Cicero, 
and that it is improbable that it would have been 
called by any other personal appellation than that of 
Julia. It is further proved by a short inscription 
found at Padua in 1G9G, that there was a Lex 
Julia Municipalis ; and the contents of the inscrip- 
tion (mi vir aediliciae. potcstat. e lege. Julia 
Municipali) compared with Cicero (eratque rumor 
de Transpadanis eos jussos mi viros creare, ad 
Alt. v. 2) render it exceedingly probable that the 
Lex Julia Municipalis of the inscription is the lex 
of the Table of Heraclea, and the Lex Municipalis 
of the Digest (50. tit 9. s. 3 ; Cod. 7. tit. 9. s. 1 ; 
and Dig. 50. tit 1. Ad Municipa/cm et de Incolis). 

(Savigny, Vulkssclduss der Ta/el von Ileraclea, 
Zeitscliriji, vol. ix. p. 300, and vol.xi. p. 50, as to 
the passage of Sueton. Caesar. 4 1 . The tablet is 
printed in the work of Mazocbi, Comm. in aeneas 
Tilh. lleracl. p. 1, 2. Neap. 1754, 1755, fob, with 
a commentary which contains much learning, but 
no sound criticism). 

Julia et Papia Poppaea. The history of 
this lex is not quite clear. Augustus appears 
to have caused a lex to 1/e enacted about a. c. 1 8, 
which is cited as the Lex Julia de Maritandis 
Ordinibus (Dig. 38. tit 1 1 ; 23. tit 2), and is re- 
ferred to in the Carmen Seculare of Horace, which 
was written in the year B. c. 17. The object of 
this lex was to regulate marriages as to which it 
contained numerous provisions ; but it appears not 
to have come into operation till the year a c. 13. 
Some writers conclude from the passage in Sueto- 
nius {August. .'14) that this lex was rejected; 
and add that it was not enacted until a. d. 4. 
In the year a. u. 9, and in the consulship of M. 
Papius Mutilus and Q. Poppacus Sccundus (ron- 
tulrt sujjerti), another lex was |iassed as n kind of 
amendment and supplement to the former lex, and 
hence nrose the title of Lex Julia et Papia Pop- 
paea by which these two leges are often quoted ; 
for it has been inferred from the two Leges being 
separately rited that they wi re not made into one. 
Various titles arc used according as reference ii 
made to the various provisions ; sometimes the re- 
ference is to the Lex Julia, sometimes Papiu Top- 



692 



LEGES JULIAE. 



LEGES JULIAE. 



paea, sometimes Lex Julia et Papia, sometimes Lex 
de Maritandis Ordinibus, from the chapter which 
treated of the marriages of the senators (Gaius, i. 
178 ; Ulp. Frag. xi. '20 ; Lex Marita, Hor. Carm. 
Sec), sometimes Lex Caducaria, Decimaria, &c. 
from the various chapters. (Ulp. Frag, xxviii. tit. 
7 ; Dion Cass. liv. 16, hi. 1, &c. ; Tacit. Ann. iii. 
25.) 

There were many commentaries on these leges 
or on this lex by the Roman jurists, of which con- 
siderable fragments are preserved in the Digest: 
Gaius wrote 15 books, Ulpian 20, and Paulus 10 
books at least on this lex. The lex contained at 
least 35 chapters (Dig. 22. tit. 2. s. 19) ; but it is 
impossible to say to which of the two leges in- 
cluded under the general title of Lex Julia et Papia 
Poppaea, the several provisions as now known to 
us, belong. Attempts have been made both by J. 
Gothofredus and Heineccius to restore the lex, 
on the assumption that its provisions are reducible 
to the two general heads of a Lex Maritalis and 
Lex Caducaria. 

The provisions of this Lex or of these Leges 
forbade the marriage of a senator or a senator's 
children with a libertina, with a woman whose 
father or mother had followed an Ars Ludicra, 
and with a prostitute ; and also the marriage of 
a libertinus with a senator's daughter. If an 
hereditas or a legatum was left to a person on 
condition of not marrying, or on conditions which 
in effect prevented marriage, the conditions were 
illegal, and the gift was unconditional. The con- 
dition, however, might be not to marry a certain 
specified person or certain specified persons ; or it 
might be, to marry a particular person ; but then 
the person must be such a one as would be a 
suitable match, otherwise the condition would be 
in effect a condition not to marry, and therefore 
void. (Dig. 35. tit. 1. s. 63.) 

In order to promote marriage, various penalties 
were imposed on those who lived in a state of celi- 
bacy (caelibatus) after a certain age. Caelibes 
could not take an hereditas or a legacy {lega- 
tum) ; but if a person was caelebs at the time of 
the testator's death, and was not otherwise dis- 
qualified (jure civili), he might take the hereditas 
or legatum, if he obeyed the lex within one hun- 
dred days, that is, if he married within that time. 
(Ulp. Frag. xvii. 1.) If he did not comply with 
the lex, the gift became caducum. [Caduca.] 
The Lex Julia allowed widows a term of one year 
(vacatio) from the death of a husband, and di- 
vorced women a term (vacatio) of six months from 
the time of the divorce, within which periods they 
were not subject to the penalties of the lex : the 
Lex Papia extended these periods respectively to 
two years, and a year and six months. (Ulp. 
Frag, xiv.) 

A man when he attained the age of sixty and 
a woman when she attained the age of fifty were 
not included within certain penalties of the lex 
(Ulpian, Frag, xvi.) ; but if they had not obeyed 
the lex before attaining those respective ages, they 
were perpetually bound by its penalties by a Se- 
natus-consultum Pernicianum. A Senatus-consul- 
tum Claudianum so far modified the strictness of 
the new rule as to give to a man who married above 
sixty the same advantage that he would have had 
if he had married under sixty, provided he mar- 
ried a woman who was under fifty ; the ground 
of which rule was the legal notion that a woman 



under fifty was still capable of having children. 
(Ulp. Frag. xvi. ; Sueton. Claud. 23.) If the 
woman was above fifty and the man under sixty, 
this was called Impar Matrimonium, and by a 
Senatus-consultum Calvitianum it was entirely 
without effect as to releasing from incapacity to 
take legata and dotes. On the death of the woman, 
therefore, the dos became caduca. 

By the Lex Papia Poppaea a candidate who had 
several children was preferred to one who had 
fewer. (Tacit. Ann. xv. 19 ; Plin. Ep. vii. 16.) 
Freedmen who had a certain number of children 
were freed " operarum obligatione " (Dig. 38. tit. 

1. De Operis Libertorum) ; and libertae, who had 
four children, were released from the tutelaof their 
patrons. (\1\^.- Frag, tit. 29.) Those who had 
three children living at Rome, four in Italy, and 
five in the provinces, were excused from the office 
of tutor or curator. (Inst. 1. tit. 25; Dig. 27. tit. 1.) 
After the passing of this lex, it became usual for 
the senate, and afterwards the emperor (pi-inceps) 
to give occasionally, as a privilege, to certain per- 
sons who had not children, the same advantage 
that the lex secured to those who had children. 
This was called the Jus Liberoram. Pliny says 
(Ep. ii. 1 3) that he had lately obtained from the 
emperor, for a friend of his, the Jus Trium Libero- 
rum. (See also Ep. x. 95, 96 ; and Dion Cass. lv. 

2, and the note of Reimarus.) This privilege is 
mentioned in some inscriptions, on which the ab- 
breviation I. L. H. (jus liberorum habens) some- 
times occurs, which is equivalent to "jura parentis 
habere." The emperor M. Antoninus provided 
that children should be registered by name within 
thirty days after their birth with the Praefectus 
Aerarii Saturni. (Capitol. M. Ant. c. 9 ; compare 
Juvenal, Sat. ix. 84.) 

The lex also imposed penalties on orbi, that is, 
married persons who had no children (qui liberos 
non habent, Gaius, ii. Ill) from the age of twenty- 
five to sixty in a man, and from the age of twenty 
to fifty in a woman. By the Lex Papia, orbi 
could only take one half of an hereditas or legatum 
which was left to them. (Gaius, ii. 286.) It seems 
that an attempt had been made to evade this part 
of the lex by adoptions, which a Senatus-consultum 
Neronianum declared to be ineffectual for the pur- 
pose of relieving a person from the penalties of the 
lex. (Tacit. Ann. xv. 19.) 

As a general rule a husband and wife could only 
leave to one another a tenth part of their property ; 
but there were exceptions in respect of children 
either born of the marriage or by another marriage 
of one of the parties, which allowed of the free 
disposal of a larger part. This privilege might 
also be acquired by obtaining the Jus Liberoram. 
(Ulp. Frag. tit. xv. xvi.) 

As to some provisions of this Lex, see Patronus. 

Peculatus. [Peculatus.] 

Julia et Plautia, which enacted that there 
could be no usucapion in things obtained by robbery 
(vi possessae). The Twelve Tables had already 
provided that there could be no usucapion in stolen 
things. (Gaius, ii. 45 ; Inst. 2. tit. 6.) This lex 
was probably passed B. c. 89. 

Julia Papiria. [Papiria.] 

De Provinciis. (Dion Cass, xliii. 25 ; Orelli, 
Onomasticon, refers to this Lex Julia de Repe- 
tundis the regulations de Provincialibus Sumptibus, 
which Ernesti considers to belong to the Lex 
Julia de Repetundis.) [Provinciae.] 



LEX JUNIA VELLEIA. 



LEX LICINIA. 



093 



De Publicams (Cic. ad Allic. ii. 16, pro Cn. 
P/ancio, c. 14, ed. W under ; AppiaD, lidl. Civ. ii. 
13.) 

Repetundariw. [Repetindae.] 

De Residuis. [Peci latus.] 

De Sacerdotiis. (Cic. Ep. ad Drutum,'\. 5.) 

De Sacrilegis. [Peculates.] 

Sumtiaria, passed in the time of Julius Caesar 
(Dion Cass, xliii. 25) and one under Augustus. 
(Gell. ii. 24.) [Svmtuariae Leges.] 

Theatralis (Sueton. Aug. 40 ; Plin. xxxiii. 
2), which permitted Roman equites, in case they or 
their parents had ever had a census equestris, to 
sit in the fourteen rows (quatttordecim ordines) 
fixed by the Lex Roscia Theatralis, b. c. 67. 

Jclia et Titia (Inst. 1. tit. 20) empowered 
the praeses of a province to appoint a tutor for 
women and pupilli who had none. (Ulp. Frag. xi. 
18.) A Lex Atilia of earlier but uncertain date 
had given the same power at Rome to the praetor 
urbanus and the majority of the tribuni plcbis ; and 
the new lex was passed in order to extend the 
same advantages to the provinces. There are some 
reasons for supposing that there were two leges, a 
Julia and a Titia ; and among those reasons, is the 
circumstance that it is not usual to unite by the 
word et the two names which belong to one lex, 
though this is done by Cicero (lirut. c.16, Pro 
Ji'i/lxj, c. 21) in speaking of the Lex Licinia and 
Mucia. 

De vi PcnLiCA et Privata. [Vis.] 

VlCESIMARlA. [VlCESlMA.] 

JU'NIA DE PEREGRPNIS proposed b. c. 
126 by M. Junius Pennus a tribune, banished 
pcregrini from the city. 

A lex of C. Fannius, consul B. c. 122, contained 
the same provisions respecting the Latini and 
Italici, for we must assume that there was a Lex 
(Pint. C. OraoJiiu, 12): and a lex of C. Papius, 
perhaps B. c. 6.5, contained the same respecting all 
persons who were not domiciled in Italy. (Cic. De 
Qf. iii. 11, ISrut. 26, 21!, de Leg. 'Agr. i. 4; 
Festus, «. v. fiespuUicus ; Meyer, Oral. Horn. 
Frai/m. p. 229, 2nd cd.) 

JU'NIA LICI'NIA. [Lk.ixia Juxi.i.] 

JU'NIA NORBA'NA of uncertain date, but 
probably about a. d. 19, enacted that when a Ro- 
man citizen had manumitted a slave without the 
requisite formalities, the manumission should not in 
all cases be ineffectual, but the manumitted person 
should have the status of a Latinu9. (Gains, i. 1 6, 
17, 22, Ace, iii. 50 ■ Ulp. Frag. L xx. (i, xxii. 3.) 
[Latinitas; Liuertus ; Manumissio.] 

A special clause in the Lex took away from 
these Litini Jmuani, as they were called, the 
capacity of making a testament, taking under a 
testament, and being appointed tutores by a testa- 
ment. Yet they had the other parts of the testa- 
ment! fnctio (Ulp. Frag. xx. II). The condition of 
the Ijitini Juninni is the subject of an essay by 
C. A. von Vangerow, Marburg, lfi.'!3 ; sec also the 
r. in. irks of Puchta, ln.it. ii. £ 213, on the date of 
the Lex Junia ; and also jig 217, 21C. 

I)K LlllKKTINORUU SUFKRAOIIS. [Ct-OBIA ; 

Manpmissio. I 

JU'NIA I'ETKO'NIA or PATRO'NIA (Dig. 
40. tit. 1. a. 24). It is doubtful whether this is 
the same as Pktkoni t, or is another lifx. 

JU'NIA REP ET I j N D AHUM. [RirrroN- 

I1AK. | 

JU'NIA VELLEIA, allowed a child who 



was in the womb, and who, when bom, would be 
the testator's suus heres, to be instituted heres, 
even if he should be born in the lifetime of the 
testator. It also so far modified the old law, 
that a person who by the death of a heres insti- 
tutus after the testator had made his will, became 
a heres quasi agnascendo, did not break the will, 
if he was instituted heres. (Gaius, ii. 134 ; Ulp. 
Frag. xxii. 19, ed. Bo'cking.) 

LAETO'RIA. [Curator.] 

Sometimes the lex proposed by Volero for electing 
plebeian magistrates at the Comitia Tribnta is cited 
as a Lex Laetoria. (Liv. ii. 56, 57.) 

LICI'NIA. [Aebitia.] 

LICI'NIA DE LUDIS APOLLINA'RIBUS 
(Liv. xxvii. 23). 

LICI'NIA DE SACERDOTIIS (Cic. Lad. 
25). 

LICI'NIA DE SODALITIIS. [Ambitus.] 
LICI'NIA JU'NIA, or, as it is sometimes 
called, Junia et Licinia, passed in the consulship of 
L. Licinius Murena and Junius Silanus, n. c. 62, 
enforced the Caccilia Didia, in connection with 
which it is sometimes mentioned. (Cic. pro fiestio, 
64, Phil. v. 3, ad Alt. ii. 9, iv. 16, in rutin. 
14.) 

LICI'NIA MU'CIA DE CIV1BUS RE- 
GUNDIS (probably REniGi xnis), passed in the 
consulship of L. Licinus Crassus the orator, and 
Q. Mucius Scacvola Pontifex Maximus, is. c. 95, 
which enacted a strict examination as to the title 
to citizenship, and deprived of the exercise of 
civic rights all those who conld not make out a 
good title to them. This measure partly led to 
the Marsic war. (Cic. de Off. iii. 11, brut. 16, 
pro lialb. 21, 24, pro Hot. 13 ; Ascon. in Cornel. 
p. 67. ) 

LICI'NIA SUMTUA'IUA. [Sumtuariak 
Leges.] 

LICI'NIA. In the year B.C. 375 C. Licinius 
Stolo and L. Scxtius being elected two of the 
Tribuni Plcbis, promulgated various Rogationcs, 
the object of which was to weaken the power of 
the Patricians and for the benefit of the Plebs. 
One Rogatio related to the debts, with which the 
Plebs was incumbered (Liv. vi. 34): and it pro- 
vided that all the money which had been paid as 
interest should be deducted from the principal 
sum, and the remainder should be paid in three 
years by equal payments. The Second related 
to the Agcr Publicus, and enacted that no person 
should occupy ( posxiderrt) more than 500 jugera. 
The Third was to the effect that no more Tribuni 
militum should be elected, hut that consuls should 
be elected and one of them should be a Plebeian. 
The Patricians prevented these Rogatimies from 
being carried by inducing the other tribunes to 
oppose their intercession C. Licinius Stnlo and 
L. Scxtius retaliated in the same way, and would 
not allow any comitia to be held except those for 
the election of Aediles and Tribuni Plcbis. They 
were also re-elected Tribuni Plebis, and they 
persevered for five years in preventing the election 
of any Curulc Magistrntus. 

In the year 36H, the two tribunes were still 
elected, for the eighth time, and they felt their 
power increasing with the diminution of the op- 
position of their colleagues, and by having the aid 
of one of the Tribuni Militum, M. Faliius, the 
father-in-law of (,'. Licinius Stnlo. After violent 
agitation, a new Rogation was promulgated to tho 
v v 3 



694 LEX LICINIA. 



LEX MANLIA. 



effect that instead of Duumviri sacris faeiundis, 
Decemviri should be elected, and that half of them 
should be Plebeians. In the year B. c. 366, when 
Licinius and Sextius had been elected Trihuni for 
the tenth time, the law was passed as to the De- 
cemviri, and five plebeians and five patricians were 
elected, a measure which prepared the way for the 
plebeians participating in the honours of the con- 
sulship. The Rogationes of Licinius were finally 
carried, and in the year B. c. 365 L. Sextius was 
elected consul, being the first Plebeian who at- 
tained that dignity. The Patricians were com- 
pensated for their loss of the exclusive right to the 
consulship by the creation of the office of Curule 
Aedile and of Praetor. 

The law as to the settlement between debtor 
and creditor was, if Livy's text is to be literally 
understood, an invasion of the established rights 
of property. Niebuhr's explanation of this law is 
contained in his third volume, pp. 23, &c. 

Besides the limitation fixed by the second Lex 
to the number of jugera which an individual might 
possess in the public land, it declared that no in- 
dividual should have above 100 large and 500 
smaller animals on the public pastures. Licinius 
was the first who fell under the penalties of his 
own law. The statement is that " he, together 
with his son, possessed a thousand jugera of the 
ager (publicus), and by emancipating his son had 
acted in fraud of the law." (Liv. vii. 16.) From 
this story it appears that the Plebeians could now 
possess the public land, a right which they may 
have acquired by the Law of Licinius, but there 
is no evidence on this matter. The story is told 
also by Columella (i. 3), Pliny {Hist. Nat. xviii. 
3), and Valerius Maximus (viii. 6. § 3). The 
last writer not understanding what he was record- 
ing, says that in order to conceal his violation of 
the law, Licinius emancipated part of the land to 
his son. The facts as stated by Livy are not put 
in the clearest fight. The son when emancipated 
would be as much intitled to possess 500 jugera as 
the father, and if he bona fide possessed that 
quantity of the Ager publicus, there was no fraud 
on the law. From the expression of Pliny {sub- 
stituta filii persona) the fraud appears to have con- 
sisted in the emancipation of the son being effected 
solely that he might in his own name possess 500 
jugera while his father had the actual enjoyment. 
But the details of this Lex are too imperfectly 
known to enable us to give more than a probable 
solution of the matter. As the object of the Lex 
was to diminish the possessiones of the patricians, 
it may be assumed that the surplus land thus 
aris.ng was distributed (assignatus) among the 
plebeians, who otherwise would have gained no- 
thing by the change ; and such a distribution of 
land is stated to have been part of the Lex of 
Licinius by Varro {de Re Rust. i. 2) and Colu- 
mella (i. 3). 

According to Livy (vi. 42) the Rogatio de 
Decemviris sacrorum was carried first, b. c. 366. 
The three other rogationes were included in one 
Lex, which was a Lex Satura. (Liv. vii. 39 ; 
Dion Cass. Frag. 33.) 

Besides the passages referred to, the reader may 
see Niebuhr, vol. iii. pp. 1 — 36, for his view of the 
Licinian Rogations ; and Goettling, Geschiclde der 
Rom. Staatsverfassung, p. 354, and the note on 
the passage of Varro {de Re Rust. i. 2). The 
Licinian Rogations have been the subject of much 



discussion. See the Classical Museum, No. V. 
on the Licinian Rogation De Modo Agri ; No.VI., 
Ueber die Slelle des Varro, &c, De Re Rust. i. 2. 
§ 9 ; and No. VII., Remarks on Professor Long's 
Paper on the Licinian Law De Modo Agri, by 
Professor Puchta ; and on the passage in Appian's 
Civil Wars, i. 8, which relates to the Licinian 
Law by Professor Long. 

LICI'NIA DE CREANDIS TRIU'MVIRIS 
EPULO'NIBUS (Liv.xxxiii. 42; Orellii Ono- 
masticon). 

LI'VIAE were various enactments proposed by 
the Tribune M. Livius Drusus, B.c. 91, for esta- 
blishing colonies in Italy and Sicily, distributing 
corn among the poor citizens at a low rate, and 
admitting the foederatae civitates to the Roman 
civitas. He is also said to have been the mover 
of a law for adulterating silver by mixing with it 
an eighth part of brass. (Plin. H.N. xxxiii. 3.) 
Drusus was assassinated, and the Senate declared 
that all his Leges were passed contra auspicia, and 
were therefore not Leges. (Cic. Leg. ii. 6, 12, pro 
Domo, 16 ; Liv. Ep. 71 ; Appian, Bell. Civ. i. 35 ; 
Ascon. in Cic. Cornel, p. 62. ) 

LUTA'TIA DE VI. [Vis.] 

MAE'NIA LEX is only mentioned by Cicero 
{Brutus, 14), who says that M\ Curius compelled 
the Patres " ante auctores fieri " in the case of the 
election of a plebeian consul, " which," adds Cicero, 
" was a great thing to accomplish, as the Lex 
Maenia was not yet passed." The Lex therefore 
required the Patres to give their consent at least 
to the election of a magistratus, or in other words 
to confer or agree to confer the Imperium on the 
person whom the comitia should elect. Livy (i. 
17) appears to refer to this law. It was probably 
proposed by the Tribune Maenius, B.C. 287. [Auo- 

TORITAS.] 

DE MAGISTRIS AQUARUM. (Haubold, 
Spangenberg, Mon. Leg. p. 177.) 

MAJESTA'TIS. [Majestas.] 

MAMI'LIA DE COLO'NIIS. The subject 
of this lex and its date are fully discussed by Ru- 
dorff {Zeitschrift, vol. ix.), who shows that the Lex 
Mamilia, Roscia, Peducaea, Alliena, Fabia is the 
same as the " Lex Agraria quam Gaius Caesar 
tulit" (Dig. 47. tit. 21. s. 3), and that this Gaius 
Caesar is the Emperor Caligula. 

MAMI'LIA DE JUGURTHAE FAUTO'- 
RIBUS. (Sal. Jug. c. 40 ; Orellii Onomasticon.) 

MAMI'LIA FI'NIUM REGUNDO'RUM, 
enacted in B.C. 239, or according to another sup- 
position, in B. c. 165, fixed at five or six feet the 
width of the boundary spaces which were not sub- 
ject to Usucapio. (Rudorff, Zeitschrift, vol. x. 
p. 342, &c.) 

MANI'LIA, proposed by the tribune C. Mani- 
lius B.C. 66, was a privilegium by which was con- 
ferred on Pompey the command in the war against 
Mithridates. The lex was supported by Cicero 
when praetor. {De I^ege Manilia ; Plut. Pomp. 30 ; 
Dion Cass, xxxvi. 25.) 

The Leges Manilianae, mentioned by Cicero {De 
Or. i. 58), were evidently not Leges Proper, but 
probably forms which it was prudent for parties to 
observe in buying and selling. 

MANI'LIA DE LIBERTINO'RUM SUF- 
FRA'GIIS (Dion Cass, xxxvi. 25 ; Ascon. in Cor- 
nel, pp. 64, 65), is apparently the same as the 
Manlia De Lib. Suff. 

MA'NLIA, also called LICI'NIA, B.C. 196, 



LEX PAPIRIA. 



LEX PLAUTIA. 695 



created the trumviri epulones. (Liv. rxxiii. 42 ; 
Cic. de Or. iii. 19.) [Licixia.] 

MA'NLIA DE LIBERTIXO'RUM SUF- 
FRA'GIIS (b. c. 58 ; Ascon. in Mil. p. 46.) 

MA'NLIA DE VICE'SIMA MANUMIS- 
SO'RUM. [Manumissio.] 

MA'RCIA probably about the year b.c. 352 
" adversus feneratores." (Oaius, iv. 23 ; Liv. vii. 
21.) 

MA'RCIA DE LIGU'RIBUS. (Liv. xlii. 22.) 
MA'RCIA an agrarian law proposed by the 
tribune L. Marcius Philippus, B.C. 104. (Cic. de 

ojr.w.-2\.) 

MA'RIA proposed by Marias when tribune 
B. c. 119, for narrowing the pontes at elections. 
(Cic. de Is.n. iii. 17 ; Plut. Mar. 4.) 

ME'MMIA or RE MMIA. [Calumnia.] 

ME'XSIA. This lex enacted that if a woman 
who was a Roman citizen (cms liomuna) married 
a peregrinus, the offspring was a percgrinus. If 
there was connubium between the peregrinus and 
the woman, the children, according to the principle 
of connubium, were perearini, as the legal effect of 
connubium was that children followed the condition 
of their father (liberi semper patrem scrjuuntur). 
If there were no connubium, the children, ac- 
cording to another rule of law, by which they fol- 
lowed the condition of the mother, would have 
been Roman citizens ; and it was the object of the 
lex to prevent this. (Oaius, i. 78 ; Ulp. t'rug. v. 8.) 

MK'SSIA. (Cic. ad AH. iv. 1.) 

METI'LIA. (Liv. xxii. 25 ; Plut Fabius, 
c. 9.) 

MIXU'CIA, B. c. 216, created the triumviri 
mensarii. (Liv. xxiii. 21.) 

NERVAK AORA'RIA (Dig. 47. tit. 21. s. 3. 
§ 1 ), the latest known instance of a Lex. 
OCTA'VIA. [Frimentariae Leges.] 
OGU'LNIA, proposed by the tribunes B.C. 300, 
increased the number of Pontificcs to eight and 
that of the augurs to nine ; it also enacted that 
four of the Pontifices and five of the augurs should 
be taken from the plebes. (Liv. x. 6 — 9.) 
O'PPIA. [80MTUARIAB Leges. J 
O'RCIIIA. [SdmtUaRIAE Leges.] 
OVI'NIA, of uncertain date, was a plebiscitum 
which gave the censors certain powers in regu- 
lating the lists of the senators (ordo scnatorius ) : 
the main object seems to have been to exclude all 
improper persons from the senate, and to prevent 
their admission, if in other respects qualified. 
(Festus, «. v. I'rarterUi Srnntores / Cic. de Iaq. iii. 
12.) The Lex Ovinia of Oaius (iv. 109), if the 
reading is right, was a different lex. 

I'ATIA DE PEREGRI'NIS. [Jukia db 
Per eg rims.] 

I'ATIA POPPAKA. f.Iu.iAK.] 
A Lex Papia on the manner of choosing the 
Vestal Virgins is mentioned by Oellius (i. 12) ; but 
tlir reading appears to be doubtful, and perhaps it 
ought to he called Lex Popilia. 

PAPI'RIA, ..r JU'LIA PAPI'RIA DE 
M 1 1 I.CTA'R I : M A EST I M AT lO'NK (u. c. 4 30 ) 
fixed a money value according to which fines were 
paid, which formerly were paid in sheep and cattle. 
(Liv. iv. 30 ; Cic. de Rep. ii. 35. ) Oellius (xi. 1) 
nnd Festus (s r. I'rcu/utus ) make this valuation 
part of the Ateminn law [Atkrnia TarPBIa], 
but in this they appear to have been mistaken 
according to Nicbuhr. ( Hist, of Hume, ii. p. 300.) 
I'AIM'RIA, by which the as was made scmun- 



cialis (Plin. H. X. xxxiii. 3), one of the various 
enactments which tampered with the coinage. 

PAPI'RIA, B.c. 332, proposed by the "Praetor 
Papirius, gave the Acerrani the ci vitas without the 
suffraginm. It was properly a Privilegium, but is 
useful as illustrating the history of the extension of 
the Civitas Romana. (Liv. viii. 17.) 

PAPI'RIA, of uncertain date, enacted that no 
aedes should be declared consecratae without a 
Plebiscitum (injussu Plebis, Cic. pro Dom. 49). 

PAPI'RIA PLAU TIA, a Plebiscitum of the 
year B.C. 89, proposed by the tribunes C. Papirius 
Carbo and M. Plautius Silvanus, in the consulship 
of Cn. Pompeius Strabo and L. Porcius Cato, is 
called by Cicero (pro Archia, 4) a lex of Silvanus 
and Carbo. (See Civitas ; Foederatae Civi- 
tates ; and Savigny, Vulksschluss dcr Tafel von 
Heraclea, Zeitsc/trift, ix.) 

PAPI'RIA POETE'LIA. [Poetelia.] 

PAPI'RIA DE SACRAMENTO (Festns, 
s. v. Sacramenfum), proposed by L. Papirius, Tri- 
bunus Plebis, probably enacted that in the case of 
the Legis actio sacramento, the money should not 
be actually deposited, but security should be given 
for it. (Puchta, Inst. ii. 161, note 101.) 

PAPI'RIA TAliELLA'RIA. [Tabellariak 
Leges.] 

PE'DIA, related to the murderers of the Dic- 
tator Caesar. (Veil. Pat. ii. 69.) 

PEDL'CAEA, b.c. 113, a Plebiscitum, seems 
to have been merely a Privilegium and not a ge- 
neral law against Incestum. (Cic de AW. Dior. 
iii. 30 ; Ascon. in Cic. Mil. p. 46.) 

PESULA'NIA provided that if an animal did 
any damage, the owner should make it good or 
give up the animal. (Paul. S. Ii. 1 . tit. 15.8, 1. 3.) 
There was a general provision to this effect in the 
Twelve Tables (Dirksen, L'eljcrsiclit, &c. p. 532, 
&c), and it might be inferred from Paulus that 
this Lex extended the provisions of the old law 
to dogs. The name of the lex may be uncertain. 
Sec the note in Arndt's edition of Paulus. 

PETI'LLIA DE PECU'NIA REGIS AN- 
TIOCHI. (Liv. xxxviii. 54.) 

PETRETA, a Lex under this title, de decima- 
tione militum, in case of mutiny, is mentioned by 
Appian (de Hell. Civ. ii. 47), according to the old 
editions. Rut the true reading is irarpiw vS/tv. 

PETRO'NIA, probably passed in the time of 
Augustus, and subsequently amended by various 
senatusconsulta, forbade a master to deliver up his 
slave to fight with wild beasts. If, however, the 
master thought that his slave deserved such a 
punishment, he might take him before the autho- 
rities (jtvlrjc) who might condemn him to fight if 
he appeared tc deserve it. (Dig. 48. tit. 8. s. 11. 
18. tit. 1. s. 42 ; Cell. v. 14 ; Puchta, Int. i. § 107, 
note 101 ; Savigny, Zeitschrifl, ix. p. 37 I, on the 
inscription found on a wall of the amphitheatre of 
Pompeii.) 

PINA'RIA (Oaius, iv. 15) related to the giving 
of a Judex within a limited time. (Sec Puchta, 
Inst. i. g 53.) , 

PINA'RIA. [Annai.es Luhl] 

PLAKTO'RIA. |( i hat.ir.) 

PLAKTO'Rl A DE PRAETO'BE UR- 
B.VNl). (Vnrro, </.• Limj. I. at. vi. 5 ; Censoring, 
de Die Xatali, c. 24.) 

PLAUTIA or PLOTIA DE VI. [Vis.] 

PLAUTIA or PLOTIA Jl DICIA'ltlA is 
mentioned by Asconius (in fie. Cornel, p. 79) a* 
v v 4 



606 LEX PUBL1LIA. 



LEGES PUBLILIAE. 



having enacted that fifteen persons should be an- 
nually elected by each tribe out of its own body 
to be placed in the Album Judicium 

PLAU'TIA or PLO'TIA DE REDITU LE- 
PIDANO'RUM. (Sueton.Gics.5 ; Gellius,xiii. 3.) 

PLAU'TIA PAPI'RIA. [Papiria Plau- 

TIA-] 

POETE'LIA, B.C. 358, a Plebiscitum, was the 
first Lex against Ambitus. (Liv. vii. IS.) 

POETE'LIA PAPI'RIA, B.C. 326, made an 
important change in the liabilities of the Nexi. 
(Liv. viii. 28.) [Nexi.] 

POMPEIAE. There were various Leges so 
called. 

Pompeia, proposed by Cn. Pompeius Strabo, 
the father of Cn. Pompeius Magnus, probably in his 
consulship B. c. 89, gave the Jus Latii or Latinitas 
to all the towns of the Transpadani, and probably 
the Civitas to the Cispadani. (Savigny, Volkssclduss 
der Tafel von Fleraclea, Zeitschrift, ix.) 

de ambitu. [Ambitus.] 

de imperio caesari prorogando. 

(Veil. Pat. ii. 46 ; Appian, B. C. ii. 18.) 

judiciaria. [Judex.] 

DE JURE MAGISTRATUUM (Slieton. 

Caes. 28 ; Dion Cass. xl. 56 ; Cic. ad Att. viii. 
3) forbade a person to be a candidate for public 
offices (petitio lionorum) who was not at Rome ; but 
C. Julius Caesar was excepted. This was doubt- 
less the old law, but it had apparently become ob- 
solete. 

— DE PARRICIDIIS. [CORNELIA DE 

SICARUS.] 

■ tribunitia (b. c. 70) restored the 

old Tribunitia Potestas which Sulla had nearly 
destroyed. (Sueton. Caes. 5 ; Veil. Pat. ii. 30 ; 
Cic. de Leg. iii. 9, 11, in Verr. Act. i. 15 ; Liv. 
Epit. 97.) ' [Tribuni.] 

■ de vi was a Privilegium, and only 

referred to the case of Milo. (Cic. Phil. ii. 9 ; 
Ascon. and Schol. Bob. in Argum. Milan.') 

POPI'LIA. [Papia.] 

PO'RCIAE DE CA'PITE CIVIUM or DE 
PRO V OCATIO'NE enacted that a Roman citizen 
should not be scourged or put to death. (Liv. x. 9 ; 
Cic. de Rep. ii. 31, pro Rabir. 3, 4 ; Sail. Catil. 51.) 

PO'RCIA DE PROVI'NCIIS (about b.c. 
1 98). The passage in Livy (xxxii. 27. " Sumtus 
quos in cultum praetorum," &c.) is supposed to 
refer to a Porcia Lex, to which the Plebiscitum de 
Thermensibus refers ; and the words quoted by 
Cicero ( Verr. ii. 4, 5. " Ne quis emat mancipium ") 
are taken, as it is conjectured, from this Porcia 
Lex. 

PUBLI'CI A permitted betting at certain games 
which required strength, as running and leaping. 
(Dig. 11. tit. 5.) 

PUBLI'LIA DE SPONSO'RIBUS. [Inter- 

CESSIO.] 

PUBLI'LIA LEX was proposed by Publilius 
Volero, a tribunus plebis, and enacted B. c. 471. 
The terms of the Rogatio were "ut plebeii magis- 
trates tributis comitiis fierent" (Liv. ii. 56). The 
object of the Lex was to take these elections from 
the Comitia Centuriata, in which the patricians 
could determine the result of the elections by the 
votes of their clients. The Rogatio became a Lex 
after much opposition, the history of which is 
given in Livy. According to some authorities, the 
number of tribunes was also increased from two to 
five (Liv. ii. 58) ; and this must therefore have 



been provided by the Lex. In B. c. 457 (Liv. iii. 
30) ten tribunes, two from each class, were elected 
for the first time ; but it is not said under what 
legislative provision. Dionysius (Antiq. Rom. ix. 
43) gives a more complete account of this Lex. 
After Publilius failed in his first attempt to carry 
his Rogatio, he added a new chapter, which gave 
the election of the aediles (plebeian) to the Comitia 
Tributa, and enabled the Tributa to deliberate and 
decide upon any matter which could be deliberated 
and decided upon in the Comitia Centuriata. From 
the time of the enactment of this Lex, says Dio- 
nysius (ix. 49) "up to my time, the election of 
tribunes and aediles was made without birds (au- 
gural ceremonies), and all the rest of the religious 
forms in the Comitia Tributa." Dionysius says 
nothing here of the other matter which the addi- 
tional chapter contained (ix. 43). 

PUBLI'LIAE LEGES of the Dictator Q. 
Publilius Philo, which he proposed and carried B. c. 
339 (Liv. viii. 12). The purport of these Leges 
is thus expressed by Livy : " tres leges secundis- 
simas plehei, adversas nobilitati tulit: unam ut 
plebiscita omnes Quirites tenerent : alteram, ut 
legum quae comitiis centuriatis ferrentur, ante 
initum suffragium Patres auctores fierent : tertiam 
ut alter utique ex plebe, quum eo ventum sit ut 
utrumque plebeium consulem fieri liceret, censor 
crearetur." The provision of the first lex seems to 
be the same as that of the Lex Plortensia, B. c. 
286 " ut plebiscita universum populum tenerent " 
(Gains, i. 3). Some critics suppose that the first 
Lex enacted that a Plebiscitum should be a Lex 
without being confirmed by the Comitia Centuriata, 
but that it would still require the confirmation of 
the Senate, or, as some suppose, of the Comitia 
Curiata. The Lex Hortensia, it is further sup- 
posed, did away with the confirmation of the 
Curiae, or, as some suppose, of the Senate. But 
the expression " omnes Quirites " of Livy clearly 
has some reference, and, according to correct in- 
terpretation, must be taken to have some reference, 
to the extent of the effect of a Plebiscitum. There 
is no difficulty in giving a consistent meaning to 
Livy's words. The first Lex enacted that Plebis- 
cita should bind all the Quirites ; which means 
nothing else than that a Plebiscitum should have 
the effect of a Lex passed at the Comitia Centu- 
riata. It is not here said whether the Comitia 
Tributa could legislate on all matters on which the 
Comitia Centuriata could [Publilia Lex] ; and 
nothing is said as to the dispensing with any form 
for the confirming of a Lex passed at these Co- 
mitia. And that Livy did not suppose that the 
first Lex contained any regulations as to matter 
of form, is made clear by what he says of the 
second Lex, which did regulate the form of le- 
gislation. This is the clear meaning of Livy's 
words : it may not be the true import of the first 
Lex ; but it is somewhat difficult to prove any 
thing about a matter beyond what the evidence 
shows. [Plebiscitum.] 

The simplest meaning of the second Lex, ac- 
cording to the words, is, that no Rogatio should be 
proposed at the Comitia Centuriata, until the 
Patres had approved of it, and had given it their 
auctoritas. If we knew who were meant by the 
Patres, the meaning of the Lex would be tolerably 
clear. It is now generally supposed that Livy 
means the Comitia Curiata, and that their veto 
on the measures of the Comitia Centuriata was 



LEX REGIA. 
taken away. If Patres means the Senate, then 
the purport of the Lex is this, that no mea- 
sure must be proposed at the Centuriata Comitia, 
without a SCtum first authorising it. (Comp. Liv. 
xlv. 21.) 

The meaning of the third Lex is plain enough. 
Puchta shows or tries to show that the first Lex 
Publilia simply rendered unnecessary the con- 
firmation of a Plebiscitum by the Comitia Centu- 
riata ; and therefore there remained only the con- 
firmation of the Senate. Accordingly, the effect 
of the first Lex was to make the Comitia Tributa 
cease to have merely the initiative hi legislation ; 
henceforth, Plcbiscita did not require the confirm- 
ation of a Lex Centuriata, but only that of the 
Senate ; and we may, probably, from this time date 
the use of the expression : " Lex sive id Plebiscitum 
est." 

He considers the second Lex to have simply 
declared the old practice, that the Comitia Centu- 
riata should pass no Rogation without the authority 
of a previous Scnatusconsultum. The two Leges 
then had this relation to one another : the first 
Lex provided, that a Lex passed at the Comitia 
Tributa, which before this time was confirmed by 
a Scnatusconsultum, and finally ratified by the 
Comitia Centuriata, should not require the ratifi- 
cation of the Comitia Centuriata ; the second Lex 
declared that the old practice as to the Comitia 
Centuriata should be maintained, that the Leges 
passed there should have the previous authorisa- 
tion (auctoritas) of the Senate. 

On the subject of these Leges, see Zachariae 
Sulla, i. p. 26, note ; Puchta, Inst. i. § 59 ; and 
Niebuhr, vol.iii. p. 147, 6lc. Engl. Tr. : and see 
Valerias Leges. 

PU'PIA, mentioned by Cicero (ad Quint, ii. 
1 3, ail Fain. L 4) seems to have enacted that the 
senate could not meet on Comitiales Dies. 

QU I'NTIA was a lex proposed by T. Quintius 
Crispinus, consul H. c. 9, and enacted by the Populus 
for the preservation of the Aquaeductus. The Lex 
is preserved by Frontinus (de Ai/uaetlncl human.). 

RK'GIA, properly LEX DE IMPEHIO 
PRl'NCIPIS. The nature of the Impcrium and 
the mode of conferring it have been explained 
under Imperium. Augustus, by virtue of uniting 
in his own person the Imperium, the Tribunitia 
Potcstas, the Censorial! power, and the office of 
Pontifex, was in fact many magistrates in one ; 
and his title was Princcps. These various powers 
were conferred on the earliest Principes (em- 
perors) by various leges ; but finally the whole 
of this combined authority was conferred by a 
La Imperii or Lex de Imperio. (Dion Cassius, 
liii. Hi ; his remarks on the power of Augustus, 
and the notes of Kcimarus.) Uy this Lex the Im- 
perial authority, as we may call it, was conferred 
on the Princcps (cum ipse Imperator per legem 
Iiiiperiuni accipiat, (Jams, i. 5), and legislative 
power. Ily this Lex the Princcps was also made 
** solutug legibus," that is, many restrictive enact- 
mriitii were declared not to apply to him, either 
in his private or his magisterial capacity (Dion 
Cass. liii. Ill, 2(1): fir instance, Caligula was re- 
leased by a Senntusconsultum, which was pro- 
bably followed by a Lex as a mntter of form, 
from the Lex Julia ct Pnpia. (Dion Cass. lix. 15 ; 
compare Ulpian, Dig. 1. tit. 3. s. 31.) This Lex 
nipi riii \v;u preceded by a Scnntiiscoiisultiiiii. 
(Tacit. Ilia. i. 17, iv. 3, 0'.) A considerable fni.-- 



LEX RL'BKIA. C97 
merit of the Lex De Imperio Vcspasiani is still 
preserved at Rome. (Haubold, Spangenberg, Mo- 
nvm. Legal, p. 221.) It is sometimes incorrectly 
called a Senatusconsultum, but on the fragment 
itself it is called a Lex. It is true that a Scnatus- 
consultum preceded the Lex, and the enactment 
of the Lex was a mere form. This Lex empowers 
Vespasian to make treaties, to originate Scnatus- 
consulta, to propose persons to the people and the 
Senate to be elected to magistracies, to extend the 
Pomoerium, to make constitutions or edicts which 
should have the force of law, and to be released 
from the same laws from which Augustus, Tibe- 
rius, and Claudius were released ; and all that he 
had done before the enactment of this lex (ante 
legem rogatam) was to have the same effect as if 
it had been done by the command of the people. 

This Lex de Imperio Principis is several times 
named Lex Regia in the Corpus Juris (Inst. 1. 
tit. 2. s. C. ; Dig. 1. tit. 4. s. 1. ; Cod. 1. tit. 17. 
187). There is no evidence that the Lex de Im- 
perio Principis was ever called Lex Regia under 
the early emperors. Under the later emperors 
there is nothing surprising in the name Regia 
being adopted as a common expression. When 
the emperor was called Doniinus, a title which was 
given even to Trajan, the Lex de Imperio might 
well be called Regia. To deny the existence of 
a Lex de Imperio would show a very imperfect 
knowledge of the history and constitution of Rome, 
and a want of critical judgment. (Puchta, Inst. 1. 
§ «8.) 

RE'GIAK [Jos Civile Papirianum.] 

RE'MMIA. [Cai.lmnia.] 

REP ET U N DA'RUM. [Repetundae.1 

RJIO'DIA. The Rhodians had a maritime 
code which was highly esteemed. Some of its 
provisions were adopted by the Romans, and have 
thus been incorporated into the maritime law of 
European states. Strabo (p. 652. Casaub.) speaks 
of the wise laws of Rhodes and their admirable 
policy, especially in naval matters ; and Cicero 
(pro Ley. Manil. c 18) to the same effect. The 
Digest (14. tit. 2) contains so much of the Lex 
Rhodiorum as relates to jactug or the throwing 
overboard of goods in order to save the vessel or 
remainder of the cargo. This Lex Rhodiorum de 
Jactu, is not a Lex in the proper sense of the term. 

RO'SCIA THEATRA'LIS, proposed by the 
tribune L. Roscius Otho, u.c. 67, which gave the 
Equitcs a special place at the public spectacles in 
fourteen rows or scats (in ipiatiiordecim yrudilius 
sive ordinibws) next to the place of the senators, 
which was in the orchestra. This Lex also assigned 
a certain place to spendthrifts (dnwlnres, Cic. 
I'Ud. ii. 18). The phrase " sederc in quatuor- 
deeim ordinibus," is equivalent to having the 
proper Census Equcstris which was required by 
the Lex. 'Miens arc numerous allusions to this Lex 
(Dion, xxxvi. 25 ; Veil. PnL ii. 32 ; Liv. EpU. 99 ; 
Cic. pro Murima, 19), which is sometimes simply 
called the Lex of Otho (Juv. xiv. 324), or referred 
to by his name. (Ilor. ICjxxl. iv. 16.) This law 
caused some popular disturbance in the consulship 
of Cicero, n. 0L 63, which he checked by n speech. 
(Cic. ail Alt. ii. I j l'lut. Cic. c. 13.) [Julia 

TllKATRALlN.] 

Itl' IiUIA. The province of Gallia Cisalpina 
ceased to be a Provincia, and became a pari ••( 
Italia about the year U.C 43. When this change 
took place, it was necessary to provide for the 



698 



LEX SATURA. 



LEGES SEMPRONIAE. 



administration of justice, as the usual modes of 
provincial administration would cease with the de- 
termination of the provincial form of government. 
This was effected by a Lex, the name of which is 
unknown, but a large part of it, on a bronze tab- 
let, is preserved in the Museum at Parma. This 
Lex arranged the judiciary establishment of the 
former provincia, and appointed II. viri and iv. 
viri juri dicundo : a Praefectus Mutinensis is also 
mentioned in the lex. In two passages of this 
Lex (c. xx. 1. 29. 38) a Lex Rubria is mentioned, 
which, according to some, is an earlier lex by which 
Mutina was made a Praefectura ; and according to 
others, the Lex Rubria is this very Lex de Gallia 
Cisalpina. This subject is discussed by Savigny 
(Zeitschrift, ix.) and by Puchta (Zeitschrift, x. Ueber 
den Inkalt der Lex Rubria de Gallia Cisalpina). 

This Lex has been published several times ; the 
latest edition is " Tavola legislativa della Gallia 
Cisalpina ritrovata in Veleia et restituita alia sua 
vera lezione da D. Pietro de Lama, Parma 1820." 
We only possess the end of the nineteenth chapter 
of this Lex, which treats of the Novi Operis 
Nuntiatio ; the twentieth chapter on the Damnum 
Infectum is complete : the twenty-first treats of 
Pecunia Certa Credita, but only of Execution ; 
the twenty-second treats in like manner of similar 
actions ; there is only the beginning of the twenty- 
third, which treats of the division of an hereditas 
(qvei de familia eerceiscunda deividunda ivdicivm 
sibei darei reddeive, &c. postulaverint, &c). The 
matter of this lex therefore, so far as we know it, 
purely concerns procedure, as Puchta remarks. 

RUPI'LIAE (b. c. 131), were the regulations 
established by P. Rupilius, and ten legati, for the 
administration of the province of Sicily, after the 
close of the first servile war. They were made 
in pursuance of a consultum of the senate. Cicero 
(in Verr. ii. 13, 15, 16, 37) speaks of these re- 
gulations as a Decretum of Rupilius (quod is de 
decern legatorum scntentia statuit), which he says 
they call Lex Rupilia ; but it was not a Lex 
proper. The powers given to the commissioners 
by the Lex Julia Municipalis were of a similar 
kind. There was also a Lex Rupilia de Cooptando 
Senatu Heracleiotarum (In Verr. ii. 50) ; and 
De Re Frumentaria (In Verr. iii. 40). 

SACRA'TAE, mentioned by Livy (ii. 54) and 
by Cicero (de Off. iii. 33). Leges were properly 
so called which had for their object to make a 
thing or person sacer, as in Livy (ii. 8, de sacrando 
cum bonis capite ejus qui, &c). The consecratio 
was in fact the sanction by which a Lex was to be 
enforced. (Liv. iii. 55.) In the latter case it was 
the opinion of the jurisconsulti (juris interpretes) 
that the Lex did not make " sacrosancti " the 
persons for whose protection it was designed, but 
that it made "sacer" (sacrum sanscit) any one 
who injured them ; and this interpretation is cer- 
tainly consistent with the terms of the Lex. 
(Festus, s. v. Sacratae leges.) Compare Liv. ii. 
33 ; Dion Hal. Rom. Antiq. vi. 89 ; and the pas- 
sage referred to in Orellii Gnomasticon. 

A Lex Sacrata Milit,aris is also mentioned by 
Livy (vii. 41) ; but the sanction of the Lex is not 
stated. 

SAE'NIA De Patriciorum Numero Au- 
gendo, enacted in the fifth consulship of Au- 
gustus. (Tacit. Ann. xi. 25; Mon. Aneyr. Pilae 
prioris Tab. 2 ; see Cassia.] 

SA'TURA. [Lex, p. 683, a.] 



SCANTI'NIA, proposed by a tribune: the date 
and contents are not known, but its object was to 
suppress unnatural crimes. It existed in the time 
of Cicero. (Auson. Epic/. 89 ; Juv. ii. 44 ; Cic. ad 
Fam. viii. 12, 14.) The Lex Julia de Adulteriis 
considered this offence as included in Stuprum 
and it was punishable with a fine ; but by the later 
Imperial constitutions the punishment was death. 
(Sueton. Dom. 8 ; Paulus, S. R. ii. tit. 26. s. 13.) 

SCRIBO'NIA. The date and whole import of 
this Lex are not known ; but it enacted that a 
right to servitutes should not be acquired by usu- 
capion (Dig. 41. tit. 3. s. 4. §29), from which it 
appears that the law was once different as to cer- 
tain servitudes at least : and these appear to be 
the servitutes praediorum urbanomm. which, ac- 
cording to this Lex, could not be acquired by usu- 
capion. In the case of servitutes praediorum rusti- 
corum, and of personal servitudes, the impossibility 
of usucapion arose out of the nature of the thing. 
A " libertas servitutium " could be gained by usu- 
capion or rather disuse, for the Lex only applied 
to that usucapion which established a servitus 
(servitutem constituehat) and not to that so-called 
usucapion which took away the right (sustulit 
servitutem). It is perhaps doubtful if the passage 
of Cicero (pro Caecin. 26) should be alleged in 
proof of this usucapion formerly existing. 

SCRIBONIA VlARIA 01' De VlIS MlWlENDIS, 

proposed by C. Scribonius Curio, tr. pleb. B.C. 51. 
(Orellii Onomasticon.) 

SEMPRO'NIAE LEGES, were leges proposed 
by Tiberius and C. Gracchus respectively, while 
they were tribuni plebis. 

Agraria of Tib. Gracchus was proposed by him 
during his tribunate B. c. 133. The nature of this 
measure is explained by Appian. (Bell. Civ. i. 1 0, 
&c.) It was an Agraria Lex, the object of which 
was the distribution of the Public Land among the 
poorer citizens. [Agrariae Leges.] Tib. Gracchus 
with the advice of P. Licinius Crassus, Pontifex 
Maximus, P. Mucius Scaevola, afterwards Ponti- 
fex Maximus, and Appius Claudius (Plut. Tib. 
Gracchus, 9), proposed that no person should hold 
more of the Ager Publicus than 500 jugera 
(comp. Liciniae Leges), but that for every son 
he might hold 250 more. The poor who were to 
be provided with land out of what remained after 
the large possessions were reduced, were not to 
have the power of alienating their own lots ; and 
they were to pay the tenths. The law was enacted 
and the execution of it was intrusted to three per- 
sons (tres viri), who were Tiberius himself, his 
brother Caius, and Appius Claudius. The execu- 
tion of the law was attended with great difficulty, 
because the public land which had been held for 
many generations by private persons, had been 
dealt with like private property, had often changed 
hands by sale, and had been improved and built 
upon. It was first proposed to Indemnify the 
Possessors for all improvements, but it appears that 
when they made opposition to the measure, this 
proposal was withdrawn. 

Other measures were designed by Tiberius, but 
his premature death stopped them. The execution 
of the Agraria Lex of Tiberius was impeded by a 
Senatusconsultum, which put an end to the com- 
mission. The Lex was revived by Caius Grac- 
chus, trib. pi. in B. c. 123. The senate ruined the 
cause of Gracchus by engaging the tribune M. 
Livius Drusus to propose measures of a character 



LEX SILIA. 

even more popular than those of Gracchus. The 
legislation about the Roman Public Land requires 
a history in itself. 

De Capite Civium, proposed by C. Gracchus 
B. c 123, enacted that the caput or condition of 
a Roman citizen could not be affected without a 
trial and vote of the people. (Cic pro Rabir. c. 4; 
and Cicero's disingenuous exposition, In Cat. iv. 5). 
Plutarch (C. Gracchus, 4) appears to allude to this 
Lex ; but if he does, he has mistaken its purport. 

Fbomkntaria. [Fri'mentariae Leges.] 

Jl'DICIaria proposed by C. Gracchus, had for its 
object to deprive the senate of the power which 
they derived from supplying the Judices in Judicia 
Publica from their body (Plut. C. Gracchus, 5). 
Plutarch's account of this Lex is probably incor- 
rect. Compare Appian (JiM. Civ. L 22) ; and Jo 
dex, p. G49, b. 

De Provinciis Consi'laribus proposed by C. 
Gracchus, b. c. 1*23, enacted, that in even* year, 
before the Comitia for electing the consuls, the 
senate should determine the two provinces which 
the consuls shouid have ; and the consuls were to 
settle between themselves by lot, or otherwise, 
which province each should have. (Sallust, Jug. 
c. 27, and the note of Cortius ; Cic. de Prov. Cons. 
c.2.) 

There may have been other measures proposed 
and carried by C. Gracchus ; but it is not easy to 
distinguish between all that was proposed and 
carried, and what was simply proposed. The 
Lives of Tiberius and C. Gracchus by Plutarch, 
translated with notes by G. Long, give some in- 
formation on the legislation of the Gracchi, which 
should be compared with Appian. (Bill. Civ. i. 
10, &c> 

SEMPRO'XIA DE FE'XORE, b.c. 193, 
was a Plebiscitum proposed by a tribune M.S'm- 
pronius (Liv. xxxv. 7), which enacted that the law 
(jus) about money lent (pecunia credila) should 
be the same for the Socii and Latini (Soeii ac 
Nome* fyj/inum) as for Roman citizens. The 
object of the Lex was to prevent Romans from 
lending money in the name of the Socii who were 
not bound by the Fenebres Leges. The Lex 
could obviously only apply within the jurisdiction 
of Rome. 

SERVTLIA AGRA'RIA, proposed by the 
tribune P. Scrvilius Rullus in the consulship of 
Cicero, B. c. 63, was a very extensive Agraria Ro- 
gatio. It was successfully opposed by Cicero (In 
Itnllitm); but it wns in substance carried by Julius 
Caesar u. c. 59 [JOLLA Lex Agraria], and is 
the Lex called by Cicero Lex Campana (ad Alt. ii. 
Ill), from the public land called Ager Campanus 
bcini; assigned under this I<ex. 

BKRVl LIA GLACJ'CIA DE REPETUN- 
DIS. f Reprtunda r. ] 

BERVI'LIA JUDICIA'RIA, proposed by 
the consul Q. Serrilioj Cnepio, n. c. 106. Sco 
the article Jcdex, p. ('49. b, and the various pas- 
sages in Cicero (lirut. 43, 44, 63, 116). It is 
assumed by some writers that a Lex of thi- tribune 
S-nilius Glnucia repealed the Servilia Judicinria 
two yenrs after its enactment. (Cic. Itrut. 62 ; 
fjp'llii Onomiutinm.) 

BI'LIA. (Gains, iv. 19.) The Legis Actio 
called Condictio wns established by this Lex in 
the case when the demand was a determinate sum 
of money (rcrtn jfi-unia). 

SI 'LI A, a plebiscitum proposed by P. and M. 



LEX THORIA. 699 
Sillii tribuni plebis related to Publica Pondera. 
(Festus, PuMica Pondera, where the Lex is 
given ; and the notes in the Delphin edition.) 

SILVA'XI ET CARBO'XIS. [Papiria 
Plautia.] 

SULPI'CIAE, proposed by the tribune P. 
Sulpicius Rufus, a supporter of Marius, a c. 80, 
enacted the recal of the exiles, the distribution of 
the new citizens and the libertini among the thirtv- 
fivc tribes, that the command in the Mithridatic 
war should be taken from Sulla and given to 
Marius, and that a Senator should not contract 
debt to the amount of more than 2000 denarii. 
(Plut. Sull. 8.) The last enactment may have 
been intended to expel persons from the senate 
who should get in debt. All these Leges were 
repealed by Sulla. (App. Bell. Civ. i. 55, 59 ; 
Liv. Epit. 77 ; Veil. Pat. ii. 1 it.) 

SULPI'CIA SEMPRO'XIA, b. c. 304. No 
name is given to this Lex by Livy (ix. 46), but it 
was probably proposed by the consuls. It prevented 
the dedicatio of a tcmplum or altar without the 
consent of the senate or a majority of the tribunes. 
(Compare Gaius, ii. 5 — 7.) 

SUMTUA'RIAE. [Sumtlariae Leges.] 
TABELLA'RIAE. [Tabellariae Leges.] 
TARPE 1A ATE'RXIA. [Aterxia Tar- 
peia.] 

TERENTI'LIA. proposed by the tribune C. 
Terentilius, B. c. 462, but not carried, was a ro- 
gatio which had for its object an amendment of the 
constitution, though in form it only attempted a 
limitation of the Impcrium Consulare. (Liv. iii. 9, 
10, 31 ; Dionvs. Rom. Antiq. x. 1, &c.) This 
rogatio probably led to the subsequent legislation 
of the Decemviri. 

T EST A MENTA'R] A E. Various leges, such 
as the Cornelia, Falcidia, Furia, and Voconia, re- 
gulated testamentary dispositions. 

THO'RIA. This Agraria Lex is the subject 
of a very elaborate essay by Rudorff, * Das 
Ackcrgesctz des Spurius Thorius, Zeitschrift, 
vol. x." 

This Lex was engraved on the back part of the 
same bronze tablet which contained the Servilia 
Lex which applied to the Judicia de Repetundis. 
The tablet was broken at some unknown time, 
and the lower which was perhaps the larger part 
is now lost. Seven fragments of the upper part 
were preserved, which as the tablet is written on 
both sides, make fourteen inscriptions, which 
were published by Fulvius Ursinus : the first five 
of the inscriptions, as they are numbered by him, 
belong to the Lex Thoria, and the seven last to 
the Lex Servilia. The largest and most important 
of the fragments arc now in the Musco Borbonico. 
Their history is traced and their present condition 
described by Rudortf with great minuteness. Two 
of the fragments were copied by Sigonius when 
they were in the Museum of Cardinal Bembo ; 
and the copy of the two fragments of the Lex 
Thoria, and also the copy of the two fragments of 
the Lex Servilia, nre printed in the work of Sigo- 
nius, Mr Antii/uo .Inn- /'o/,u/i Jtomani l.ihri I n- 
drcim, Bnnoniae, 1574. 

The title of this Lex does not appear from tho 
mutilated inscription, but KudortT shows that the 
Lex belongs to the period between the consulship of 
P. Cornelius Scipio Nasica and L. Cnlpurnius Piso 
liestia, n. c. Ill, and that of L. Julius Caesar, 
I B. c. 90, within which sjmcc of twenty-two yenrs 



700 



LEX THORIA. 



LEGES VALERIAE. 



five Agrarian laws were enacted, Boria, Thoria, 
Marcia, Apuleia, and Titia. It further appears 
from comparing two passages of Cicero (de Or. ii. 
70 ; and Brutus, 36), in which he speaks of the 
Lex Thoria, with the fragments of this Lex whose 
title is lost, that the fragments are those of the 
Lex Thoria. Now the date of the Lex Thoria is 
fixed by Rudorff at the year of the city 643 or 
B.C. Ill, which is consequently the date of the 
Lex on the bronze tablet, thus identified with 
the Lex Thoria. Proceeding on the assumption 
tiiat the fragmentary Lex was the Plebiscitum, 
called the Lex Thoria, Sigonius restored the be- 
ginning of it according to the usual form of Roman 
Plebiscita : Sp. Thorivs . . . F. Tr. PI. Plebem ivre 
rog. Plebesque ivre scivit Tribvs .... Principivm 
fvit pro tribv Q. Fabivs. Q. F. primvs scivit. 

The history of this inscription is curious. It 
was not cut on the rough back of the bronze tablet 
till after the other side, which is smooth, had been 
occupied by the Servilia Lex. The Servilia Lex 
is certainly not of earlier date than the year of the 
city 648, or B.C. 106, and consequently the Thoria 
could not have been cut on this tablet before the 
year 648. It seems that the tablet was large 
enough for the Lex Servilia, for which it was in- 
tended, but much too small for the Agrarian Law : 
" consequently, the characters of the Agrarian side 
of the tablet are remarkably small, the lines nar- 
row, the abbreviations numerous, and the chapters 
only separated by two or three points, whereas on 
the other side the letters are uniform, large, and 
well made, the lines wide, the words written at 
full length, and the chapters of the Lex separated 
by superscriptions. Further, the lines (of the 
Agrarian Lex) are often so oblique that they cross 
the straight lines on the opposite side, which are 
cut very deep and consequently are visible on the 
side on which the Agrarian Lex is cut." (Rudorff.) 

The subject-matter of this Lex cannot be stated 
without entering into detail : the whole is examined 
by Rudorff with great care. The main subject of 
the Lex to which the first eighteen chapters or 
forty-three lines refer, is. the Public land in Italy 
as far as the rivers Rubico and Macra. The second 
part of the Lex begins with the nineteenth chap- 
ter and the forty-fourth line, and extends to the 
fiftieth chapter and the ninety-sixth line : this 
part of the Lex relates to the Public and Private 
land in the Province of Africa. The third and 
last part of the Lex, from the fiftieth chapter and 
the ninety-sixth line to the end of the inscription, 
relates to the Roman Public land in the territory 
of Corinth. 

Rudorff concludes that the Lex applied to other 
land also ; and for two reasons. First, the Roman 
Agrarian Laws of the seventh century of the city, 
related to all the provinces of the empire, of which 
we have an example in the case of the Lex Servilia 
of Rullus. Secondly, the fragment of the Lex 
Thoria, which is preserved, is so broad compared 
with the height that we may conclude that the 
complete tablet contained three times as much as 
it does now ; for nearly all the bronze tablets on 
which Roman laws are cut, are of an oblong form, 
with the height much greater than their width. 
Of the two-thirds of the tablet which it is con- 
cluded have been lost, not a trace has yet been 
discovered. 

The essay of Rudorff contains a copy of the in- 
scription) with the restoration of the passages that 



are defaced. The value of this attempt can only 
be estimated by an investigation as complete as 
that of the author. 

TI'TIA, similar in its provisions to the Lex 
Publicia. (Dig. 11. tit. 5. s. 3.) 

TI'TIA DE TUTO'RIBUS (see Julia Lex 
et Titia, and Gaius i. 195). 

TREBO'NIA, a plebiscitum proposed by L. 
Trebonius, B. c. 448, which enacted that if the ten 
tribunes were not chosen before the Comitia were 
dissolved, those who were elected should not fill 
up the number (co-optare), but that the Comitia 
should be continued till the ten were elected. (Liv. 
iii. 65, v. 10.) 

TREBO'NIA DE PROVI'NCIIS CONSU- 
LA'RIBUS. (Plat. Cat. Min. 43; Liv.Epit. 105 ; 
Dion Cass, xxxix. 33.) 

TRIBUNI'TIA. [Tribunus.] 

TU'LLIA DE A'MBITU. [Ambitus.] 

TU'LLIA DE LEGATIO'NE LI'BERA. 
[Legatus, p. 679, a.] 

VALE'RIAE LEGES. In b. c. 508, the con- 
sul P. Valerius proposed and carried various leges, 
the purpose of which was to relieve himself from 
the suspicion of aiming at kingly power, and to 
increase his popularity. The chief were a Lex 
which gave an appeal (provocatio) to the populus 
against magistratus, and one which declared to be 
accursed, and devoted the man and his property, 
who should form a design to seize the kingly power 
(Liv. ii. 8). Owing to these popular measures, 
the consul received the cognomen of Publicola, by 
which he is generally known. This statement of 
the law on Provocatio by Livy is very brief and 
unsatisfactory. Cicero (de Rep. ii. 31) states 
more distinctly that this Lex was the first that was 
passed at the Comitia Centuriata, and that the 
provisions were " ne quis magistratus civem Roma- 
num adversus provocationem necaret neve verbe- 
raret." The Lex, therefore, secured the right of 
appeal to all Roman cives ; and it is consistent 
with this, that some of the Roman cives, the patri- 
cians, as Niebuhr states, had already the provo- 
catio to their curiae. This right of provocatio only 
applied to Rome and a mile round the city, for 
the Imperium of the consuls beyond this boundary 
was unlimited (Liv. iii. 20, neque enim provocatio- 
nem esse longius ab urbe mille passuum). Con- 
formably to .this, the Judicia quae Imperio continen- 
tur comprised among other cases those where the 
Judicium was beyond the limits of the mille pas- 
sus. The substance of the two Leges is stated by 
Dionysius (Antiq. Rom. v. 19, 70) with more pre- 
cision and apparently in accordance with the terms 
of the Leges. The right of provocatio was in- 
tended to protect persons against the summary 
jurisdiction of the consuls, by giving them an ap- 
peal to the Srifios, and until the ivK^Sos decided 
on their case, no punishment could be inflicted, 
(c. 70.) In c. 19 it is said that the appeal was 
also to the Srjfios ; and this measure made Publi- 
cola popular with the StjixotikoI, whom we must 
take to be the Plcbs (comp. Dionys. ix. 39). Dio- 
nysius generally uses Srjjuos to signify Plebs ; but 
he also uses nhrjftds in the same sense (vii. 65,- 
viii. 70, 71, x. 40). 

VALE'RIAE ET HORA'TIAE LEGES were 
proposed by the consuls L. Valerius and M. Ho- 
ratius B. c 449. (Liv. iii. 55.) One of these 
Leges which was passed at the Comitia Centuriata 
was "ut quod tributim plebes jussisset populum 



LEX VICESLMARIA. 



LEX VOCONIA. 



701 



tonereC' the import of which is not easy to dis- 
tinguish from the later Publilia Lex (Liv. viii. 12), 
"lit plebiscita omnes Quirites tenerent." [Ple- 

BISCITUM ; PlBLILIA Lex.] 

A second Lex was intended to secure the prin- 
ciple of the Lex Valeria De Provocatione ; "that if 
any person appointed (creasset) a magistratus with- 
out appeal, it was lawful to kill such person." 
Creasset has here a technical meaning. (Liv. iii. 
55, iv. 13 ; Cic. de Rep. ii. 31 ; "ne qui magistra- 
te sine provocatione crearetur.") This Lex was 
enacted again B.C. 300 (Liv. x. 9) on the proposal 
of M. Valerius, consul ; and the sanction of the 
Lex was more carefully expressed (diligentius 
sanctam). This, says Livy, was the third time 
that this Lex was enacted since the expulsion of 
the kings : " the cause of its being enacted several 
times I take to be no other than this, that the 
power of a few was greater than the liberty of 
the plebs." This is a plain and intelligible account 
of the matter, and may be safely accepted. The 
Great Charter of England was ratified more than 
once. A Lex Duilia ( Liv. iii. 55) which imme- 
diately followed these Valeriae, again enacted, among 
other things, severe penalties against him " qui 
magistratum sine provocatione creasset." The plebs 
thought they were never safe enough against the 
nubility, and they had good grounds to be suspi- 
cious. 

A third Lex of these consuls was to protect the 
persons of the tribuni plebis, aediles, judices, de- 
cemviri. Any person who violated their personality 
was sacer, u devoted," and his familia, liberi liberae- 
que, were to be sold. It is not known who are 
meant by judicea and decemviri in this passage. 
The context shows that they were persons of the 
plebeian class or in the plebeian interest. Nicbuhr's 
conjecture that the judices may be the Ccntumnri 
is ingenious and probable. All conjectures about 
the decemviri are vague. 

VALE'RIA HORA'TIA. [Plebiscttom.] 

VA'KIA. [Majsstab.] 

VATI'NIA DE PROVI'NCIIS wan the en- 
actment by which Julius Caesar obtained the pro- 
vince of Gallia Cisalpina with Illyricnm for five 
yi*ars, to which the senate added Gallia Transal- 
pina. This Plcbiscitum was proposed by the tri- 
bune P. Vatinius, B. c 59. (Dion Cass, xxxviii. fi ; 
Appian. Hell. Civ. ii. 13 ; Sucton. Cues. 22 ; Veil. 
Pat. ii. 44.) A Trcbonia Lex subsequently pro- 
longed Caesar's Imperium for five years. 

VATI'NIA. [Rkpetitndae.] 

VATI'NIA DE COLO'NIS, under which the 
I.atina Colonia [Latinitas] of Noviim-Comum in 
Gallia Cisalpina was planted n. c. 59. (Sucton. 
Cars. 28.) 

VATI'NIA DE RE.IECTIO'NE JU'DICUM 
(Cic. in Vatin. c. 1 1 ; SrhrA. Bob. 321, 323.) 

LEGES DE VI. [Vis.] 

VIA'RIA. A Lex that was talked of (Cic. 
ml Flam. viii. 6) is only worth mention on account 
of the name. Such a Lex might be De V'iia 
Mumcndis. 

BoTiM modem writers speak of Leges Viariae, 
but there do not appear to be any Leges properly 
to called. The provisions as to roads (viae) in 
many of the Agrarian laws were [Kirts of such 
Iwcti and had no special reference to r".ids. 
(KrontiniH. or, as he is often called, Pscudo-Eron- 
tinui, />• ColonHs Libttliu.) 

VUKSIM.VRIA. [Vn mima.] 



VI'LLIA ANNA LIS. [Axnales, p. 684. b. 
and the Essay of Wex on the Leges Annales 
of the Romans, translated in the Classical JIu- 
seum, No. X.] 

VISE'LLIA made a man liable to a criminal 
prosecution who, being a Latinus, assumed to ex- 
ercise the rights of an Ingenuus. (Cod. ix. tit. 21.) 

VOCO'NIA, was enacted on the proposal of 
Q. Voconius Saxa, a Tribunus Plebis. In the 
" De Senectute " of Cicero, Cato the elder is in- 
troduced as saying that he spoke in favour of the 
Lex when he was sixty-five years of age, and in 
the consulship of Cacpio and Philippus. (n. c. 
169.) Gc-llius also speaks of the oration in which 
Cato recommended this Lex. (Cic. pro Balho, S, 
Cato Major, 5 ; Gellius, vii. 13, xvii. 6.) 

One provision of the Lex was that no person 
who should be included in the census, after the 
census of that year ( post eos eensores ; the Censors 
of that year were A. Postumiua and Q. Fulvius), 
should make any female (virginem neve mulierem) 
his hercs. (Cic. in Verrem, i. 41, 42.) Cicero does 
not state that the Lex fixed the census at any 
sum ; but it appears from Gaius (ii. 274) that a 
woman could not be made heres by any person 
who was rated in the census at 100,000 asses or 
upwards (centum millia ueris), though she could 
take the hereditas per fideicommissum. Dion Cas- 
sius (lvi. 10) names the sum as 25,000 drachmae, 
which is 100,000 sestertii. The lex allowed no 
exceptions even in favour of an only daughter. 
(Autrustin. de Civil. Dei, iii. 21.) The Lex only 
applied to testaments, and therefore a daughter 
or other female could inherit ab intestato to any 
amount. The Vestal Virgins could make women 
their hcredes in all cases, which was the only 
exception to the provisions of the Lex. (Cic. dc 
Rep. iii. 10 ; GelL i. 12.) 

If the terms of the Lex are correctly reported 
by Cicero, a person who was not census might 
make a woman his heres, whatever was the amount 
of his property, and so Cicero understands the Lex 
(in Verr. ii. 41). Still there is a difficulty about 
the meaning of census. If it is taken to mean that 
a person whose property was above 1 00,(100, and 
who was not included in the census, could dispose 
of his property as he pleased by testament, the 
purpose of the Lex would be frustrated ; and 
further " the not being included in the census " 
(mijif an.-ns r.'M-l) seems ratlier vague. Still, ac- 
cording to the terms of the Lex, any person who 
had ever been included in the census, would be 
affected by this legal incapacity. Sometimes it is 
assumed that the last census is meant. The Edict 
extended the rule of the Voconia Lex to the Bo- 
norum Possessio. (Dig. 37. tit. 1. a. 12.) 

Another provision of the Lex forbade a person, 
who was census, to give more in amount in the 
form of a legacy or a donatio mortis causa, to any 
person than the heres or heredes should take. 
This provision secured something to the heres or 
hcredes, but still the provision was ineffectual, and 
the object of this lex was only accomplished by 
the Lex Kalcidin. [LbOATCIL] fiaius (ft, 220), 
in quoting this provision of the Lex, does not 
mention the condition of being census, but this is 
stated by Cicero (in \'rrr. i. 43). 

Some writers suppose that this Lex also con- 
tained a provision by which a testator was forbid- 
den to give a woman more than half of his property 
by way of legacy ; and it appears from Cicero that 



702 



LEX VOCONIA. 



LIBELLUS. 



the Lex applied to legacies (de mulierum legatis ei 
hereditatibus, Cic. de Repub. iii. 10). But this 
provision is not allowed by some of the best critics 
to have been a part of the Lex. Quintilian 
(Declam. 2G4) states that by the Lex (Voconia) a 
woman could not take by testament more than half 
of a person's property ; but Quintilian says nothing 
of the provisions of this Lex, which incapacitated 
women altogether from taking under a will in 
certain cases, and in the passage referred to he 
is speaking of two women being made lieredes of 
a property in equal shares. The dispute between 
the cognati and the two women turned on the 
words of the Lex, " ne liceat mulieri plusquam 
dimidiam partem bonorum suorum relinquere," the 
cognati contending that the Lex did not allow the 
whole property to be thus given to two women in 
equal shares, though it was admitted that if half of 
the property had been given to one woman, there 
would have been no ground for dispute. It is 
quite consistent that the Lex might have allowed a 
woman to take half of a man's property in certain 
cases, and in others to take none, though the object 
of the Lex, which was to prevent large properties 
from coming into women's hands, would have been 
better secured by other provisions than those of 
the Lex as they are known to us ; for it appears 
from Quintilian, that a woman might take by will 
one half of as many properties as there were tes- 
tators. It might be conjectured that the clause of 
the Lex which forbade a woman being made heres, 
signified sole heres, and then the clause which 
forbade her taking more than half would be fitly 
framed to prevent an evasion of the law by making 
a woman heres ex deunce, for instance, and giving 
the rest to another person. And this conjecture 
derives some support from the provision of the Lex 
Voconia which prevented the giving nearly all the 
property in legacies to the detriment of the heres ; 
which provision, however, it must be observed, 
does not apply to women only (Gains, ii. 226). 
The case of Fadia, mentioned by Cicero (de Fin. 
ii. 17), shows that there was a provision in the 
Lex by which, in certain cases at least, a woman 
might take something ; and it also shows that the 
Lex prevented a man from making even his own 
daughter sole heres. 

According to Gains and Pliny (Paneg. 42), the 
provisions of the Voconia Lex were in force at the 
time when they were writing, though Gellius (xx. 
1) speaks of them as being either obsolete or re- 
pealed. The provisions of the Lex Julia et Papia 
Poppaea may have repealed some of the clauses of 
the Voconia Lex. 

The subject of the Voconia Lex is one of con- 
siderable difficulty, owing to the imperfect state- 
ments that remain of its contents and provisions, 
which were probably numerous. The chief modern 
authorities on the matter are referred to by Rein 
(Das Rom. Privat. Recht, p. 367, &c), and in 
Orellii Onomasticon. The latest essay on it that 
the writer has seen is " Die Lex Voconia &c." 
by Dr. J. J. Bachofen, Basel, 1843 ; but the essay 
does not settle all the difficulties. 

This list of Leges may not be quite complete, 
and the dates of some of them and the statement 
of their purport may not be perfectly accurate. 
Still it contains all the Leges that are of any im- 
portance for the understanding of Roman History 
and Jurisprudence. Those which are not specially 
noticed here, are referred to their proper heads, 



particularly when there are many Leges relating 
to one subject, as Ambitus, Repetundae, &c. 
Several of the Roman Leges were modified by 
Senatusconsidta. The Senatusconsulta, which are 
properly laws, are enumerated under Senatus- 
consultum. [G. L.] 

LEXIARCHI (X-rt'tapxot). [Ecclesia, p. 
441, a.] 

LEXIARCHICON (Ai^iapx"^")- [Demus.] 
LEXIS (A^ii). [Dike.] 
LIBELLA, instruments. [Libra.] 
LIBELLA, a small Roman silver coin, which 
is mentioned by Varro (L. L. v. 36, p. 68, Miil- 
ler) as having existed in the early age of the city, 
but which in his time, and apparently for a con- 
siderable period before, was no longer coined. 
The name, however, was retained especially as a 
proverbial expression for a very small value. (Plaut. 
Pseud, ii. 2. 34, Capt. v. 1. 27 ; Cic. Verr. ii. 2, 
pro Rose. Com. 4.) It was equal in value to the 
as (whence its name), and, in the system of 
silver money, it was the tenth part of the denarius. 
(Varr. c. ; Plin. N. xxxiii. 3. s 13.) The 
words of Varro and Pliny clearly imply that the 
libella was equal in value to the old full-weight 
as; and it seems most probable that the coin 
ceased being struck at the time of the reduction 
of the as, on account of the inconveniently small 
size which it would have assumed. The libella 
was subdivided into the sembella, its half, and the 
ieruncius, its quarter. Cicero (ad Att. vii. 12) uses 
these words to express fractions of an estate, with 
reference to the denarius as the unit, the libella 
signifying 1-lOth, and the teruncius l-40th of 
the whole (Bijckh, Metrol. Untersuch. p. 453, 
&c). [P. S.] 

LIBELLUS, is the diminutive form of liber, and 
signifies properly a little book. A libellus was 
distinguished from other kimls of writings, by being 
written like our books by pages, whereas other 
writings were written transversa charta. (Suet. 
Caes. 56.) A libellus, however, did not necessarily 
consist of several pages. It was used by the Ro- 
mans as a technical term in the following cases : — 

1. Libelli accusatorum or accusatorii were the 
written accusations which in some cases a plaintiff, 
after having received the permission to bring an 
action against a person, drew up, signed, and sent 
to the judicial authorities, viz., in the city to the 
praetor, and in a province to the proconsul. (Cod. 
9. tit. 2. s. 8 ; Dig. 48. tit. 5. s. 2. 17. 29 ; 47. 
tit. 2. s. 74 ; compare Actio.) The form in 
which a libellus accusatorius was to be written, is 
described by Ulpian in a case of adultery. (Dig. 
48. tit. 2. s. 3.) The accuser had to sign the libel- 
lus, and if he could not write, he was obliged to 
get somebody else to do it for him. If the libel- 
lus was not written in the proper legal form, it 
was invalid, but the plaintiff had still the right to 
bring the same action again in its legal form. 
(Juv. vi. 244, &c. ; Tacit. Ann. iii. 44 ; Plin. Epist. 
vii. 27 ; compare Brisson. de Form. v. c. 187, &c.) 

2. Libelli famosi were what we call libels or 
pasquinades, intended to injure the character of 
persons. A law of the Twelve Tables inflicted 
very severe punishments on those who composed 
defamatory writings against any person. (Cic. de 
Re Pub. iv. 10 ; Arnob. iv. p. 151.) During the 
latter part of the republic this law appears to have 
been in abeyance, for Tacitus (Ann. i. 72) says that 
previous to the time of Augustus libels had never. 



LIBELLUS. 



LIBER. 



703 



been legally punished (compare Cie. udFam. iii. 1 1 ), I 
and that Augustus provoked by the audacity with 
which Cassius Severus brought into disrepute the 
most illustrious persons of the age, ordained, by a 
lex majestatis, that the authors of libelli faniosi 
should be brought to trial. On this occasion Au- 
gustus, who was informed of the existence of 
several such works, had a search made at Rome by 
the aedile3, and in other places by the local magis- 
trates, and ordered the libels to be burnt ; some of 
the authors were subjected to punishment. (Dion 
Cass. lvi. 27.) A law quoted by Ulpian (Dig. 47. 
tit. 10. s. 5) ordained that the author of a libellus 
famosus should be intestabilis, and during the later 
period of the empire we find that capital punish- 
ment was not only inflicted upon the author, but 
upon those persons in whose possession a libellus 
famosus was found, or who did not destroy it as 
soon as it came into their hands. (Cod. 9. tit. 36.) 
For further information on this subject see Rein, 
Van Criminalrecht der Romer, pp. 378, &c. 531. 

3. LiMlus memorialis, a pocket or memorandum 
book. (Suet Cues. 56.) The libellus, from which 
Cicero (ad Alt. vi. 1. § 5) communicates a memo- 
randum of Brutus, appears to have been a book of 
this kind. 

4. LiMlus is used by the Roman jurists as 
equivalent to Oratio I'rincipis. [OiiaTIones Pmn- 
ciitm.] 

5. The word libellus was also applied to a 
variety of writings, which in most cases probably 
consisted of one page only : — 

o. To short letters addressed to a person for the 
purpose of cautioning him against some danger 
which threatened his life (Sueton. Cues. 81, Calig. 
1 5) ; and to any short letters or reports addressed 
to the senate or private individuals. (Suet. Cues. 
56, Auyu.it. 1(4 ; Cic. ad Fam. xi. 1 1.) 

b. To the bills called tibdli gladiatorii, or mune- 
rarii, which persons who gave gladiatorial exhibi- 
tions distributed among the people. [Gladiatohes, 
p. 574, b.] 

c. To petitions to the emperors. (Suet. Aug. 53 ; 
Mart. fib. 31. 3, 82. 1.) The emperors had their 
especial officers or secretaries who attended to all 
petitions (libellis praefectus, Dig. 20. tit. 5), and 
who read and answered them in the name of the 
emperor. (Suet. Uomil. 14.) Such a libellus is 
•till extant Sec Grutcr, Inscripl. p. ucvu. 1 . 

d. To the bill of appeal called UMlits appella- 
tnriun, which a person who did not acquiesce in a 
judicial sentence, had to send in after the lapse of 
two or three days. (Dig. 40. tit. 1.) 

«. To the bills stuck up in the most frequented 
parts of the city, in case of a debtor having ab- 
sconded. (Cic. pro Quint. 6, 15, 19; Rein, Rom. 
Pt BOtr. p. 499.) Such bills were also stuck upon 
the estates of such a debtor, and his friends who 
wished to pay for him sometimes pulled down such 
bills. (8eatc.de Bene/, iv. 12.) 

f. To bills in which persons announced to the 
public that they had found things which had been 
Inst, and in which they invited the owner to claim 
his property. ( Plant. Itutl. v. 2. 7, &c. ; Dig. 47. 
tit. 2. s. 44.) The owner gave to the finder a re- 
ward (t'up(Tpa) and received his property bark. 
Bom t ■ iiies the owner also made known to the 
public by a libellus what he had lost, stated his 
name and resilience, and promised to give a reward 
to the person who found his property, and brought 
it back to him. (Propert. iii. 21. 21, \c.) | I,. S. | 



LIBER (QiGKlov) a book. The most common 
material on which books were written by the 
Greeks and Romans, was the thin coats or rind 
(liber, whence the Latin name for a book) of the 
Egyptian papyrus. This plant was called by the 
Egyptians byLlos (fivGXos), whence the Greeks de- 
rived their name for a book (fHiSKiov). It formed 
an article of commerce long before the time of 
Herodotus (v. 58), and was extensively used in 
the western part of Europe, as is proved by the 
number of rolls of papyri found at Herculaneum. 
In the sixth century of the Christian aera the 
duty on imported papyrus was abolished by Theo- 
doric the Great, on which occasion Cassiodorus 
wrote a letter (xL 38), in which he congratulates 
the world on the cessation of a tax so unfavourable 
to the progress of learning and of commerce. The 
papyni3-tree grows in swamps to the height of 
ten feet and more, and paper was prepared from 
the thin coats or pellicles which surround the plant 
in the following manner according to Pliny (xiii. 
23) : — The different pieces were joined together by 
the turbid Nile water, as it has a kind of glutin- 
ous property. A layer of papyrus (scheda. or 
pkilyra) was laid flat on a board, and a cross layer 
put over it ; and being thus prepared, the layers 
were pressed and afterwards dried in the sun. 
The sheets were then fastened or pasted together, 
the best being token first and then the inferior 
sheets. There were never more than twenty in a 
scapus or roll. The papyri found in Egyptian 
tombs differ very much in length, but not much in 
breadth, as the breadth was probably determined 
by the usual length of the strips taken from the 
plant The length might be carried to almost any 
extent by fastening one sheet to another. The 
writing was in columns with a blank slip between 
them. (Egyptian Anlii/uitirs, vol. ii. ch. 7. Lond. 
1836.) The form and general appearance of the 
papyri rolls will be understood from the following 
woodcut taken from paintings found at Pompeii. 
(Gell. Pomp. vol. ii. p. 187.) 




The paper (cJiarta) mnde from the papyrus was of 
diflTcre.it qualities. The best was called after Au- 
gustus, the second after Livia, the third, which was 
originally the best, was named Ilieratica, because 
it was appropriated to the sacred hoiks. The 
finest paper was subsequently called Claudia, from 
the emperor Claudius. The inferior kinds were 
called AnipUitlnatrira. Sailing hlirotirii, from the 
places in F.trvpt where it was made, and also 
Famiiann, from one Fannius, who had a celebrated 
manufactory at Koine. The kind called Fmpurrtica 
was not til fir writing, and was chiefly used by 
merchant* for packing their goods, from which cir- 
cumstance it obtained its name. (Plin. xiii. 23, 
24.) 

Next to the papyrus, parchment ( mniibrniia) 
was the most common material for writing upon, 



704 



LIBER. 



LIBERALITAS. 



It is said to have been invented by Eumenes II. 
king of Pergamus, in consequence of the prohibi- 
tion of the export of papyrus from Egypt, by 
Ptolemy Epiphanes. (Plin. xiii. 21.) It is pro- 
bable, however, that Eumenes introduced only 
some improvement in the manufacture of parch- 
ment, as Herodotus mentions writing on skins as 
common in his time, and says that the Ionians had 
been accustomed to give the name of skins (8i(f>0e- 
pai) to books (v. 58). Other materials are also 
mentioned as used for writing on, but books appear 
to have been almost invariably written either 
upon papyrus or parchment. 

The ancients wrote usually on only one side of 
the paper or parchment, whence Juvenal (i. 5) 
speaks of an extremely long tragedy as 

"Summi plena jam margine libri 

Scriptus et in tergo necdum finitus Orestes." 

Such works were called Opistographi (Plin. Ep. 
iii. 5), and are also said to be written in aversa 
eharta. (Mart. viii. 62.) 

The back of the paper, instead of being written 
upon, was usually stained with saffron colour or 
the cedrus. (Lucian, irpis cureu'S. 16. vol. iii. p. 
J 13 ; croceae membrana tabellae, Juv. vii. 23 ; Pers. 
iii. 10.) We learn from Ovid that the cedrus 
produced a yellow colour. (Ovid, 7Wsf.iii. 1. 13.) 

As paper and parchment were dear, it was fre- 
quently the custom to erase or wash out writing of 
little importance, and to write upon the paper or 
parchment again, which was then called Palim- 
psestus (wa\L/j.^ria-ros). This practice is mentioned 
by Cicero (ad Fam. vii. 13), who praises his friend 
Trebatius for having been so economical as to write 
upon a palimpsest, but wonders what those writ- 
ings could have been which were considered of less 
importance than a letter. (Compare Catull. xxii. 
5 ; Martial, xiv. 7.) 

The paper or parchment was joined together so 
as to form one sheet ; and when the work was 
finished, it was rolled on a staff, whence it was 
called a volumen ; and hence we have the expres- 
sion evolvere librum. (Cic. ad Att. ix. 10.) When, 
an author divided a work into several books, it 
was usual to include only one book in a volume or 
roll, so that there were generally the same number 
of volumes as of books. Thus Ovid (Trist. i. 1. 
117) calls his fifteen books of Metamorphoses 
"mutatae ter quinque volumina formae." (Com- 
pare Cic. Tusc. iii. 3, ad Fam. xvii. 17.) When 
a book was long, it was sometimes divided into 
two volumes ; thus Pliny (Ep. iii. 5) speaks of a 
work in three books " in sex volumina propter 
amplitudinem divisi." 

In the papyri rolls found at Herculaneum, the 
stick on which the papyrus is rolled does not pro- 
ject from the papyrus, but is concealed by it. 
Usually, however, there were balls or bosses, 
ornamented or painted, called umbilici or comua, 
which were fastened at each end of the stick and 
projected from the papyrus. (Martial, iii. 2, v. 6, 
15 ; Tibull. iii. 1. 14 ; Ovid. Trist. i. 1. 8.) The 
ends of the roll were carefully cut, polished with 
pumice-stone and coloured black ; they were called 
the geminae frontes. (Ovid. I. c.) 

To protect the roll from injury it was frequently 
put in a parchment case, which was stained with a 
purple colour or with the yellow of the Lutum. 
Martial (x. 93) calls such a covering a purpurea 
toga. Something of the same kind is meant by 



the Greek sittybae (airrvgai, Cic. ad Att. iv. 5), 
which Hesychius explains by Sepfxarivai oroAai. 

The title of the book (titulus index) was written 
on a small strip of papyrus or parchment with a 
light red colour (caecum or minium). Winkelmann 
supposed that the title was on a kind of ticket 
suspended to the roll, as is seen in the paintings 
at Herculaneum (see woodcut), but it was most 
probably stuck on the papyrus itself. (Compare 
Tibull. I. c.) We learn from Seneca (de Tranq. 
An. 9) and Martial (xiv. 186) that the portraits of 
the authors were often placed on the first page of 
the work. 

As the demand for books increased towards the 
end of the Roman republic, and it became the 
fashion for the Roman nobles to have a library, 
the trade of booksellers naturally arose. They 
were called Librarii (Cic. de Leg. iii. 20), Biblio- 
polae (Mart. iv. 71, xiii. 3), and by the Greek 
writers fiiSXlwv Kair-r)Koi or fiiSKiOKaiv-qKoi. Their 
shop was called taberna libraria (Cic. Phil. ii. 9). 
These shops were chiefly in the Argiletum (Mart, 
i. 4), and in the Vicus Sandalarius (Gell xviii. 4). 
On the shop door, or the pillar, as the case might 
be, there was a list of the titles of books on sale : 
allusion is made to this by Horace (Sat. i. 4. 71, 
Art.Poit.Tf2) and Martial (L 118). The price 
at which books were sold, seems to have been mode- 
rate. Martial says (I. c.) that a good copy of the 
first book of his epigrams might be had for five 
denarii. In the time of Augustus, the Sosii appear 
to have been the great booksellers at Rome. (Hor. 
Ep. i. 20. 2, A rt. Pott. 345 ; see also Becker, Gallus, 
vol. i. p. 163, &c.) Compare the articles Atra- 

MENTUM, BlBLIOTHECA, CALAMUS, CAPSA, STY- 
LUS. 

LIBER, LIBERTAS. The Roman writers di- 
vide all men into Liberi and Servi [Servus] ; and 
men were either born Liberi, in which case they 
were called by the Romans Ingenui [Inoenui], or 
they became Liberi after being Servi, in which 
case they were called Libertini [Libertus]. 
Libertus is defined in the Institutes of Justinian 
(l.tit. 1), to be "the natural faculty to do that 
which a man pleases, except he be in any thing 
hindered by force or law." Accordingly the Ro- 
mans considered Libertas as the natural state or 
condition of men [Servus]. A man might either 
be born a slave, or he might become a slave by loss 
of freedom. Libertas was the first essential of the 
three which determined status or condition: the 
other two were Civitas and Familia. Without 
Libertas there could be no status. Civitas implied 
Libertas ; but Libertas did not necessarily imply 
Civitas, for a man might be Liber without being 
Civis. [Civis.] Familia implies both Libertas 
and Civitas, and he only who is Civis has Familia. 
[Familia.] Thus, Familia necessarily includes 
Civitas, but Civitas does not necessarily include 
Familia in one sense; for familia may be changed, 
while libertas and civitas remain (cum et libertas 
et civitas retinetur, familia tantum mutatur mini- 
mam esse capitis diminutionem constat : Dig. 4. 
tit. 5. s. 11). But Civitas so far necessarily implied 
Familia, that no Civis Romanus was permanently 
without Familia. [G. L.] 

LI'BERA FUGA. [Exsilium.] 
LIBERA'LIA. [Dionysia, p. 414, a.] 
LIBERA'LIS CAUSA. [Assertor.] 
LIBERA'LIS MANUS. [Manus.] 
LIBERA'LITAS. [Ambitus.] 



LIBERTUS. 
LIBERO'RUM JUS. [Lex Jclia et Papia 

POPPAEA,] 

LIBERTUS (airtXtiBepos), a freedman. 1. 
Greek. It was not unfrequent for a master at 
Athens to restore a slave to freedom. A private 
person, it appears, might liberate his slave without 
any particular formality ; sometimes the state 
would emancipate a slave, but then the purchase 
money had to be restored to his master. (Plat. 
deLeg.xi. p. 914.) The state into which a slave 
thus entered was called aire\evBep'ia, and he was 
said to be icaff tavrov. (Demosth. pro Phorm. 
p. 945.) It is not quite certain whether those per- 
sons who are termed oi x w P l * ouaAvres ( Demosth. 
Philip, i. p. SO) were likewise freedmen, as the 
grammarians assert, or whether they were persons 
yet in slavery, but living separated from their mas- 
ters' household ; but in Demosthenes (c. Euery. et 
Mnesib. p. 1161) the expression x w P^' s < f K(t ' s evi- 
dently used as synonymous with " he has been 
emancipated." A slave when manumitted entered 
into the status of a /ictoikoi [MetoecxsI, and 
as such he had not only to pay the ficTo'iKtov, but 
a triobolon in addition to it. This triobolou was 
probably the tax which slave-holders had to pay to 
the republic for each slave they kept, so that the 
triobolon paid by freedmen was intended to in- 
demnify the state, which would otherwise have 
loat bv even- manumission of a slave. (Bikkh, 
PuU. 'Econ. nf Athens, p. ice, 2d edit.) The 
connection of a freedman with his former master 
was however not broken off entirely on his manu- 
mission, for he had throughout his life to regard 
him as his patron (irpoo-raT7js i, and to fulfil certain 
duties towards him. In what these duties con- 
sisted beyond the obligation of showing gratitude 
and respect towards his deliverer, and of taking 
him for his patron in all his affairs, is uncertain, 
though they seem to have been fixed by the laws 
of Athens. (Meier and Schbm. Alt. Proc. p. 473, 
&.C. ; Petit. Leg. Ati. ii. 6. p. 2b' 1 ; compare Plato, 
de Ley. xi. p. 915.) Whether the relation exist- 
ing between a person and his freedman descended 
to the children of the latter, is likewise unknown. 
That a master, in case his freedman died, had gome 
claims to his property, is clear from Isaeus (de 
Xictjstrut. hered. c. 9 ; Rhetor, ad Alex. i. 16 ; 
compare Bunsen, De Jur. ttered. Atli. p. 51). The 
neglect of any of the duties which a freedman had 
towards his former master, was prosecuted by the 
Attoittoiti'ou hiK-n. [Apostasiou Dikk.| 

The Spartans likewise restored their slaves some- 
times to freedom, but in what degree such freed- 
men partook of the civic franchise is not known. 
That they could never receive the full Spartan 
franchise is expressly stated by Dion Chrysosto- 
mua (Oral, xxxvi. p. 44lt, bt, but Miillcr (Dor. 
iii. 3. § 5) entertains the opinion that Spartan 
freedmen, after passing through several stages, 
might in the end obtain the full franchise ; this 
opinion however is more than doubtful. Spartan 
freedmen were frequently used in the armies and 
in the fleet, and were, according to Myro (up. 
A thru. vi. p. 271), designated by the names of 
<«•;.< rai, aj»'(TiroToi, lpvKTT\pu, humoniuvainai, 
and »<"/0:iu a. [L. S.] 

2. Roman. Freemen (HUri) were either In- 
genui [Inuknui] or Libertini. Libertini were 
those persons aIio had been released from legal 
servitude (</ui es junta icrvitulc manumisri sunt, 
Gaius, i. II). A manumitted slave was Libcrtus 



LIBERTUS. 705 
(that is, liberatus) with reference to his mast-r ; 
with reference to the class to which he belonged 
after manumission, he was Libcrtinus. According 
to Suetonius, libertinus was the son of a libertus 
in the time of the censor Appius Claudius, and 
for some time after (Claud, c. 24) ; but this is not 
the meaning of the word in the extant Roman 
writers. 

There were three modes of Lejitima manumis- 
sio, the vindicta, the census, and the testimentum : 
if the manumitted slave was above thirty years of 
age, if he was the Quiritarian property of his 
master, and if he was manumitted in proper form 
(legitime, justa et leyilima munumissione) he became 
a Civis Romanus : if any of these conditions were 
wanting, he became a Latinus ; and in some case3 
only a Dediticius. [MaNUMJSSIO.] Thus there 
were, as Ulpian observes, three kinds of Liberti : 
Cives Romani, Latini Juniani, and Dediticii. 

The Status of a Civis Romanus and that of a 
Dediticius, have been already described. [Civitas; 
Dediticii.] As to the political condition of Liber- 
tini under the republic, who were Cives Romani, 
see Manumissio. 

Originally slaves who were so manumitted a3 
not to become Cives Romani, were still slaves ; but 
the Praetor took them under his protection, and 
maintained their freedom, though he could not 
make them Cives Romani. The Lex Junia gave 
them a certain status, which was expressed by the 
phrase Latini Juniani : they were called Latini, 
says Gaius (i. 22, iii. 56), because they were put 
on the same footing as the Latini Coloniarii, and 
Juniani because the Junia Lex gave them freedom, 
whereas before they were by strict law (ar Jure 
Quiritium) slaves. Gaius (iii. 56) says that the 
Lex Junia declared such manumitted peisons to be 
as free as if they had been Roman citizens by 
birth (cives Romani ingenui), who had gone out 
from Rome to join a Latin colony, and thereby 
had become Latini Coloniarii : this passage, which 
is not free from difficulty, is remarked on by 
Savigny (Zeitscliri/t, ix. p. 320). 

A Latinus could attain the Civitas in several 
ways. (Gaius, i. 28, etc. ; Ulp. Frag, tit. 3 ; La- 
timtas.) As the patria potestas was a Jus pecu- 
liar to Roman citizens,it followed that a Latinos had 
not the (Roman) patria potestas over his children. 
If,however, he had married either a Latina and had 
begotten a child, who would of course be a Latinus, 
or had married a Roman civis, and had begotten 
a child, which, by a senatusconsultum of Hadrian, 
would be a Romanus Civis, he might, by complying 
with the provisions of the Lex Aelia Sentia, in the 
former case obtain the civitas for himself, his wife, 
and child, and in both cases acquire the patria 
potestas over his child just as if the child had been 
bom in justae nuptiae. (Gaius, i. 30. 66.) 

In considering the legal condition of Libertini, 
it is necessary to remember that even those who 
were Cives Romani were not Ingenui, and that 
their patroni had still certain rights with respect 
to them. The Latini Juniani were under some 
special incapacities ; for the Lex Junia which de- 
termined their a talus, neither gave them the power 
of making a will, nor of taking property under a 
will, nor of being named Tutores in a will. They 
could not therefore take either as heredes or lega- 
tarii, but they could take by wny of fidci com- 
missum. (Gaius, i. 24.) The sons of libertini 
were ingenui, but they could not have gentile rights; 
z z 



708 



LITIS CONTESTATIO. 



Aen. iv. 137 ; Serv. in loc.) This ornament, when 
displayed upon the tunic, was of a similar kind 
with the Cyclas and Instita (Servius in Virg. 
Aen. ii. 616), but much less expensive, more com- 
mon and more simple. It was generally woven in 
the same piece with the entire garment of which it 
formed a part, and it had sometimes the appear- 
ance of a scarlet or purple band upon a white 
ground ; in other instances it resembled foliage 
(Virg. Aen. i. 649; Ovid, Met. vi. 127), or the 
scrolls and meanders introduced in architecture. 
A very elegant effect was produced by bands of 
gold thread interwoven in cloth of Tyrian purple 
(Ovid, Met. v. 51), and called Arjpoi or leria. 
(Festus, s. v. ; Brunck, Anal. i. 483.) Demetrius 
Poliorcetes was arrayed in this manner (xpvrro- 
irapvcpois aXovpytm, Plut. Demet. 41). Virgil 
{Aen. v. 251) mentions a scarf enriched with gold, 
the border of which was in the form of a double 
meander. In illustration of this account examples 
of both the single and the double meander are in- 
troduced at the top of the annexed woodcut. The 
other eight specimens of limbi are selected to show 
some of the principal varieties of this ornament, 
which present themselves on Etruscan vases and 
other works of ancient art. 




( ^L G k c? k G )L. s V <? k <r i •••••••••• 

llfll»Hltn !■ I«m iflll m\\ ii ""v.u>vll«»rninujiiBM,M»ii'« giiiii 




The use of the limbus was almost confined to 
the female sex among the Greeks and Romans ; 
but in other nations it was admitted into the dress 
of men likewise. 

An ornamental band, when used by itself as a 
fillet to surround the temples or the waist, was also 
called limbus. (Stat. Theb. vi. 367, A chill, ii. 176; 
Claud, de Cons. Mallii Theod. 118.) Probably the 
limbolarii mentioned by Plautus (Aulul. iii. 5. 45), 
were persons employed in making bands of this 
description. [J. Y.] 

LIMEN. [Janua.] 

LINTEA'MEN, LI'NTEUM. [Pallium.] 
LITHOSTRO'TA. [Domus ; Pictura, sub 
fin.) 

LITIS CONTESTA'TIO. " Contestari " is 
when each party to a suit (uterque reus) says, 
" Testes estote." Two or more parties to a suit 
(adversarii) are said contestari litem, because when 
the Judicium is arranged (ordinate juHicio) each 
party is accustomed to say, " Testes estote." 
(Festus, s. v. Contestari.) The Litis Contestatio 
was therefore so called because persons were called 
on by the parties to the suit to " bear witness," 
" to be witnesses." It is not here said what they 
were to be witnesses of, but it may be inferred 



LITIS CONTESTATIO 
from the use of the words contestatio and testatio 
in a similar sense in other passages (Dig. 28. tit. 1. 
s. 20 ; Ulp. Frag. xx. s. 9) that this contestatio wa3 
the formal termination of certain acts of which the 
persons called to be witnesses were at some future 
time to bear record. Accordingly the Contestatio, 
spoken of in the passage of Festus, must refer to 
the words ordinato judicio, that is, to the whole 
business that has taken place In Jure and which is 
now completed. This interpretation seems to be 
confirmed by the following considerations. 

When the Legis Actiones were in force, the 
procedure consisted of a series of oral acts and 
ph adings. The whole procedure, as was the case 
after the introduction of the Formulae, was divided 
into two parts, that before the Magistratus or In 
Jure, and that before the Judex or In Judicio. 
That before the Magistratus consisted of acts and 
words by the parties, and by the Magistratus, the 
result of which was the determination of the form 
and manner of the future proceedings In Judicio. 
When the parties appeared before the Judex, it 
would be necessary for him to be fully informed of 
all the proceedings In Jure : this was effected in 
later times by the Formula, a written instrument 
under the authority of the Praetor, which contained 
the result of all the transactions In Jure in the 
form of instructions for the Judex. But there is 
no evidence of any such written instructions having 
been used in the time of the Legis Actiones ; 
and this must therefore have been effected in some 
other way. The Litis Contestatio then may be 
thus explained : the whole proceedings In Jure 
took place before witnesses, and the Contestatio 
was the conclusion of these proceedings ; and it 
was the act by which the litigant parties called on 
the witnesses to bear record before the Judex of 
what had taken place In Jure. 

This, which seems a probable explanation of the 
original meaning of Litis Contestatio, may be com- 
pared to some extent with the apparently original 
sense of Recorder and Recording in English law. 
(Penny Cyclopaedia, art. Recorder.) 

When the Formula was introduced, the Litis 
Contestatio would be unnecessary, and there ap- 
pears no trace of it in its original sense in the clas- 
sical jurists. Still the expressions Litis Contestatio 
and Lis Contestata frequently occur in the Digest, 
but only in the sense of the completion of the 
proceedings In Jure, and this is the meaning of 
the phrases, Ante litem contestatam, Post litem 
contestatam. (Gaius, iii. 180, iv. 114.) The ex- 
pression Lis Contestata in a passive sense is used 
by Cicero (pro Rose. Com. c. 1 1, 12, pro Flacco, 
c. 1 1, and in the Lex Rubria of Gallia Cisalpina, 
col. i. 1. 48, " quos inter id judicium accipietur leisve 
contestabitur "). As the Litis Contestatio was ori- 
ginally and properly the termination of the pro- 
ceedings In Jure, it is easily conceivable that after 
this form had fallen into disuse, the name should 
still be retained to express the conclusion of such 
proceedings. When the phrase Litem Contestari 
occurs in the classical jurists, it can mean nothing 
more than the proceedings by which the parties 
terminate the procedure In Jure and so prepare the 
matter in dispute for the investigation of the Judex. 

It appears from the passage in Festus that the 
phrase Contestari litem was used, because the 
words " Testes estote " were uttered by the parties 
after the Judicium Ordinatum. It was therefore 
the uttering of the words " Testes estote " which 



LITRA. 



LITUUS. 



709 



gave rise to the phrase Litis Contestatio ; but this 
does not inform us what the Litis Contestatio 
properly was. Still as the name of a thing is de- 
rived from that which constitutes its essence, it 
may be that the name here expresses the thing, that 
is, that the Litis Contestatio was so called, for the 
reason which Festus gives, and that it also consisted 
in the litigant parties calling on the witnesses to 
bear record. But as it is usual for the whole of 
a thing to take its name from some special part, so 
it may be that the Litis Contestatio, in the time of 
the Legis Actiones, was equivalent to the whole 
proceedings in Jure, and that the whole was so 
called from that part which completed it. 

The time when the proper Litis Contestatio fell 
into disuse cannot be determined, though it would 
seem that this must have taken place with the 
passing of the Aebutia Lex and the two Leges 
Juliae which did away with the Legis Actiones, 
except in certain cases. It is also uncertain if the 
proper Litis Contestatio still existed in those Legis 
Actiones, which were not interfered with by the 
Leges above mentioned ; and if so, whether it ex- 
isted in the old form or in a moditied shape. 

This view of the matter is by Keller, in his 
treatise " Leber Litis Contestation und Urtheil 
nach Classischen Rbmischcn Recht," Zurich, 1827. 
Other opinions arc noticed in his work. The 
author labours particularly to show that the ex- 
pression Litis Contestatio always refers to the pro- 
ceedings In Jure and never to those In Judicio. 

Savigny (fit/stem, 6lc. vL §2.56 — 279) has also 
fully examined the Litis Contestatio. He shows 
that in the Extraordinaria Judicia [Judicium] 
which existed at the same time with the process of 
the formula, and in which theie was neither Jude:: 
nor formula, and in which the whole legal dispute 
was conducted before a magistratus, the Litis Con- 
testatio means the time when the parties had fully 
declared their several claims and answers to such 
claims before the magistratus. This was substan- 
tially the same as the Litis Contestatio, and the 
difference lay simply in the external form. (Comp. 
Cod. 3. tit. 9. s. 1, Rescript of Scverus and Anto- 
ninus.) At a later period, when all actions had 
become chanced into extraordinaria judicia, that 
which was before the exception now became the 
rule, and Lis Contestata in the system of Jus- 
tinian consisted in the statements made by the 
parties to a suit before the magistrate respecting 
the claim or demand, and the answer or defence to 
it. When this was done, the cause was ready for 
hearing. [G. L.] 

LITRA (\irpa), a word which was used by 
the Greeks of Sicily in their system of weights 
and money, and which occurs as early as in the 
fragments of Simonides and Epicharmus, is evi- 
dently another form of the Italian word /lira, as 
we are told by Festus (t.v.l.uea, '"Alrpo enim 
libra est"). It was the unit of an uncial system 
similar to that used in the Roman and Italian 
weights and money [An ; Liiira], its twelfth part 
being called 07x1a (the Roman undo), and six, 
five, four, three, and two of these twelfth parts 
being denominated respectively itfilKirpw, ■ntmiy- 
kiov, rtrpas, rpias, and <{5t. As a coin, the Ai'rpa 
was equal in value to the Aeginctan obol ; and hence 
the origin of the word may be explained, by sup- 
posing that the Greeks of Sicily, hnvinif brought 
with them the Aeginetan obol, afterwards assimi- ) 
lattd their system of coinage to that used by their 



Italian neighbours, making their obol to answer to 
the libra, under the name of \irpa. In the same 
way a Corinthian stater of ten obols was called in 
Syracuse a SeKaXiTpov, or piece of ten litras. 
(Aristot. ap. Pollux, iv. 24, 173, ix. 6, 80 ; Muller, 
Dor. iii. 10. § 12.) See Nummus and Pondera. 

The cotyla, used for measuring oil, which is 
mentioned by Galen [Cotyla], is also called by 
him X'npa. Here the word is only a Greek form 
of libra. [See Libra, sub fin.] [P. S.] 

LI'TUUS. Muller (Die Etrusher, iv. 1. 5) 
supposes this to be an Etruscan word signifying 
crooked. In the Latin writers it is used to denote 

1. The crooked staff borne by the augurs, with 
which they divided the expanse of heaven when 
viewed with reference to divination (templum), 
into regions (retrioncs) ; the number of these ac- 
cording to the Etruscan discipline, being sixteen, 
according to the Roman practice, four. (Muller, iii. 
6. 1 ; Cic. de Div. ii. 18.) Cicero (de Div. i. 7) de- 
scribes the lituus as " iiicurvum et levitcr a sunnno 
inflexum bacillum ;" and Livy (i. 18) as " bacu- 
lum sine nodo aduncum.*' It is very frequently ex- 
hibited upon works of art. The figure in the 
middle of the following illustrations is from a most 
ancient specimen of Etruscan sculpture in the pos- 
session of Inghirami (ftlonumcnti Klruschi, torn, 
vi. tav. P. 5. 1), representing an augur ; the two 
others are Roman denarii. 




2. A sort of trumpet slightly curved at the ex- 
tremity. (Festus, s. v.; Gell. v. 8.) It differed both 
from theiuAa and the cornu (Hor. farm. ii. 1. 17 ; 
l.ucan, i. 237), the former beinc straight while the 
latter was bent round into a spiral shape. Lydus (de 
Mens. iv. 50) calls the lituus the sacerdotal trumpet 
(UpaTiKT\v oaKiriyya >, and says that it was cm- 
ployed by Romulus when he proclaimed the title 
of his city. Aero (ad //oral. (arm. i. 1. 23) as- 
serts that it was peculiar to cavalry, while the 
tuba belonged to infantry. Iu tones are usually 
characterised as harsh and shrill (stridor lituum, 
Lucan, i. 237 ; mnitwi acutos, Eunius, opud Fest. 
1. v. ; Stat. T/ieb. vi. 228, 4c.). See Muller, Die 
Etnuker, iv. 1. .5. The following representation 
is from Fabrctli. [\V. R.] 




7. i 3 



710 



LODIX. 



LOPE. 



LIXAE. [Calones.] 

LOCA'TI ET CONDUCTI ACTIO. [Lo- 

CATIO.] 

LOCA'TIO, CONDU'CTIO, is one of those 
contracts which are made merely by consent, with- 
out the observation of any peculiar form. The con- 
tract might be either a locatio conductio rerum, or 
a locatio conductio operarum. In the locatio con- 
ductio rerum, he who promises the use of the thing, 
is locator, he who promises to give a sum of money 
for the use is conductor : if the thing is a dwelling- 
house, the conductor is called inquilinus ; if it is 
cultivable land, he is called colonus. The locatio 
conductio operarum consists either in giving certain 
services for a fixed price, or giving that which is 
the result of labour, as an article of furniture, or a 
house. He for whom the service is done, or the 
thing is made, is called locator : he who under- 
takes to produce the thing is conductor or redemp- 
tor. (Hor. Carm. iii. 1.) 

The determination of a fixed price or sum of 
money (merces, pensio) is an essential part of the 
contract. When lands were let, the merces might 
consist in a part of the produce. (Dig. 4. tit. 65. 
s. 21.) When the parties have agreed about the 
object and the price, the contract is completed ; and 
the parties have severally the actiones locati et con- 
ducti for enforcing the obligatio. (Dig. 1 9. tit. 2.) 

This being the nature of the contract of locatio 
et conductio, it was a matter of doubt sometimes 
whether a contract was locatio et conductio or 
something else : when a man made a pair of shoes 
or suit of clothes for another, it was doubted whether 
the contract was emtio et venditio, or locatio et con- 
ductio. The better opinion, and that which is con- 
formable to the nature of the thing, was that if a man 
furnished the materials to the tailor or shoemaker, 
it was a contract of locatio et conductio : if the tailor 
or shoemaker furnished the materials, it was a con- 
tract of emtio et venditio. (Gaius, iii. 142, &c. ; 
Inst. 3. tit. 24. s. 3, 4.) A doubt also arose as to 
the nature of the contract when a thing was given 
to a man to be used, and he gave the lender another 
thing to be used. Sometimes it was doubted 
whether the contract was Locatio et Conductio 
or Emtio et Venditio ; as in the case where a 
thing was let (locata) for ever, as was done with 
lands belonging to municipia, which were let on 
the condition that so long as the rent (vectigal) 
was paid, neither the conductor nor his heres 
could be turned out of the land : but the better 
opinion was in favour of this being a contract of 
Locatio et Conductio. [Emphyteusis.] [G. L.] 

LOCHUS (Aifxos). 1. Spartan [see p. 483]. 
2. Athenian [p. 486.]. 3. Macedonian [p. 488]. 

LO'CULUS. [Funos, p. 559, b.] 

LOCUPLE'TES or ASSI'DUI, was the 
name of the Roman citizens who were included in 
the five classes of the Servian constitution, and 
was opposed to the Proleiarii. The term assi- 
dui seems to have been the older appellation ; but 
the etymology of both words is very uncertain. 
(Cic. Top. 2, de Rep. ii. 22 ; Plin. H. N. xviii. 3 ; 
Festus, s. vv. Assiduus, Locupletes ; Becker, Rom. 
Alterth. vol. ii. pt. i. pp. 211, 212.) 

LODIX, dim. LODI'CULA (aiyiov), a small 
shaggy blanket. (Juv. vii. 66.) Sometimes two 
lodices sewed together were used as the coverlet of 
a bed. (Mart. xiv. 148.) The Emperor Augustus 
occasionally wrapt himself in a blanket of this de- 
scription on account of its warmth. (Sueton. Aug. 



83.) It was also used as a carpet (ancitta lodicu. 
lam in pavimento diligenter extendit, Petron. Sat. 
20). The Romans obtained these blankets from 
Verona. (Mart. xiv. 152). Their lodix was nearly, 
if not altogether, the same as the sagidum worn by 
the Germans. (Tac. Germ. 6.) [Sagum.] [J. Y.] 
LOGISTAE (AoyioW). [Euthyne.] 
LOGOGRAPHI (\oyoypd<poi), is a name ap- 
plied by the Greeks to two distinct classes of 
persons. 

1. To the earlier Greek historians previous to 
Herodotus, though Thucydides (i. 21) applies the 
name logographer to all historians previous to him- 
self, and thus includes Herodotus among the num- 
ber. The Ionians were the first of the Greeks 
who cultivated history ; and the first logographer, 
who lived about Olymp. 60, was Cadmus, a native 
of Miletus, who wrote a history of the foundation 
of his native city. The characteristic feature of all 
the logographers previous to Herodotus is, that 
they seem to have aimed more at amusing their 
hearers or readers than at imparting accurate 
historical knowledge. They described in prose the 
mythological subjects and traditions which had 
previously been treated of by the epic and espe- 
cially by the cyclic poets. The omissions in the nar- 
ratives of their predecessors were probably filled up 
by traditions derived from other quarters, in order 
to produce, at least in form, a connected history. In 
many cases they were mere collections of local and 
genealogical traditions. (Thirl wall, Hist, of Greece, 
ii. p. 127, &c. ; Muller, Hist, of Greek Lit. i. p. 
206, &c. ; Wachsmuth, Hellen. Alterth. ii. 2. p. 
443, &c.) 

2. To persons who wrote judicial speeches or 
pleadings and sold them to those who were in 
want of them. These persons were called Ao- 
yowoioi as well as hoyoypdtpoi. Antiphon, the 
orator, was the first who practised this art at 
Athens, towards the close of the Peloponnesian 
war. (Pint. Vit. Dee. Orat. p. 832, ed. Frankf. ; 
Aristot. Rhet. L 33.) After this time the custom 
of making and selling speeches became very general, 
and though the persons who practised it were not 
very highly thought of and placed on a par with 
the sophists (Demosth. de Fals. Leg. pp. 417, 420 ; 
Plat. Phaedr. p. 257, c ; Anaxim. Rhet. xxxvi. 22 
and 24 ; compare Plat. Euthydem. p. 272, a, 289, 
d, 305, a), yet we find that orators of great merit 
did not scruple to write speeches of various kinds 
for other persons. Thus Lysias wrote for others 
numerous Koyovs els 8i(ca<rTT/pi« re koX flov\as Kal 
■jrpbs c/cftAr)(ri'as evBerovs, and besides iravriyvpi- 
kovs, epuriKovs, and eiriaToMKOvs. (Dionys. Hal. 
Lys. p. 82, ed. Sylburg ; compare Meier and Schbm. 
Att. Proc. p. 707.) ' [L. S.] 

LOIDORIAS DIKE (XotSopias Si'ktj) [Ka- 
kegorias Dike.] 

LONCHE (Uyx-n). [Hasta.] 

LOPE (Awtrri, also Xuttos, dim. \dmiov), the 
ancient Greek name of the Amictus, whether 
consisting of the hide of an animal or of cloth. 
Having fallen into disuse as a colloquial or prosaic 
term (Phryn. Eel. p. 461, ed. Lobeck), it was re- 
tained, though employed very sparingly, by the 
poets. (Horn. Od. xiii. 224 ; Apoll. Rhod. ii. 32 ; 
Schol. in Joe. ; Anacreon, Frag. 79 ; Theocrit. 
xiv. 66 ; Brunck, Anal. i. 230, ii. 185.) We 
also find it retained in Aa>7ro5uT?js, literally one 
who puts on the amictus, a term properly applicable 
to those persons who frequented the thermae in 



LORICA. 



LORICA. 



711 



order to steal the clothes of the bathers (Schd. in 
Horn. I. c), but used in a more general sense to 
denote thieves and highwaymen of all classes. 
From the same root was formed the verb ticKunrt- 
Cav, meaning, to take off the amictus, to denude. 
(Soph. Trachin. 925.) [J. Y.] 

LOPHOS (Ao>os). [Galea.] 

LORA'RII. [Flagbum.] 

LORI'CA (3wpa|), a cuirass. The epithet 
\tvo8dip>n£, applied to two light-armed warriors in 
the Iliad (ii. 529, 830 ; Schol. ad loc.), and op- 
posed to x a ^ K0 X l ' TUV i the common epithet of the 
Grecian soldiers, indicates the early u.-e of the 
linen cuirass. It continued to be worn to much 
later times among the Asiatics, especially the Per- 
sians (Xen. C'yrop. vi. 4. § 2 ; Plut. Alex. p. 1254, 
ed. Steph.), the Egyptians (Herod, ii. 182, iii. 
47), the Phoenicians (Paus. vi. 19. § 4), and the 
Chalybes. (Xen. Anal*, iv. 7. § 15.) Iphicrates 
endeavoured to restore the use of it among the 
Greeks (Ncpos, Ip/tic. i. 4), and it was occasion- 
ally adopted by the Romans, though considered a 
much less effectual defence than a cuirass of metal. 
(Sueton. Uulba, 19 ; Arrian, Tact. p. 14, ed. 
Blancardi.) 

A much stronger material for cuirasses was horn, 
which was applied to this use more especially by 
the Sarniatae and Quadi, being cut into small 
pieces, which were planed and polished and fas- 
tened, like feathers, upon linen shirts. (Aram. 
Marccll. xvii. 12. ed. Wagner.) Hoofs were em- 
ployed for the same purpose. Pausanias (i. 21. 
§8) having made mention of a thorax preserved 
in the temple of Aesculapius at Athens, gives the 
following account of the Sarmatians : — Having 
vast herds of horses, which they sometimes kill 
for food or for sacrifice, they collect their hoofs, 
cleanse and divide them, and shape them like the 
scales of a serpent {ipoKtatv) ; tin y then bore them 
and sew them together, so that the scales overlap 
one another, and in general appearance they re- 
semble the surface of a green fir-cone. This author 
adds, that the loricac made of these homy scales 
are much more strong and impenetrable than 
linen cuirasses, which are useful to hunters, but 
not adapted for fighting. The annexed woodcut, 
taken from Mcyrick's Critical Inquiry into Ancient 
Armour (plate iii.) exhibits an Asiatic cuirass ex- 
actly corresponding to this description. It consists 
of slices of some animal's hoof, which .ire stitched 
together, overlapping each other in perpendicular 
rows, without being fastened to any under gar- 
ment. The projection nearest the middle must be 




supposed to have been worn over the breast, and 
the other over the back, so as to leave two vacant 
spaces for the arms. 

This invention no doubt preceded the metallic 
scale armour. The Rhoxalani, a tribe allied to 
the Sarmatians, defended themselves by wearing a 
dress consisting of thin plates of iron and bard 
leather. (Tacit. Hilt, i. 79.) The Persians wore a 
tunic of the same description, the scales being 
sometimes of gold (Herod, vii. 61 ; hupriKa XP 1 *- 
rrfov Ae7noVroV, ix. 22) ; but they were commonlv 
of bronze (thoracu indutus ai'nis squamis, Virg. A en. 
xi. 487). The basis of the cuirass was sometimes 
a skin, or a piece of strong linen to which the 
metallic scales, or " feathers," as they are also 
called, were sewed. (Virg. Aen. xi. 770 ; Serv. 
in loc. ; Justin, xli. 2. 10.) 

The epithet \eiriSayr6s, as applied to a thorax, 
is opposed to the epithet <poAioVr<is. (Arrian, 
Tact. p. 13, 14.) The former denotes a similitude 
to the scales of fish (Keit'toiv), the latter to the 
scabs of serpents (<po\i(riv). The resemblance to 
the scab s of serpents, which are long and narrow, 
is exhibited on the should rs of the Roman soldier 
in the woodcut at page 136. These scales were 
imitated by long flexible bands of steel, made to 
fold one over another according to the contraction 
of the body. They appear very frequently on the 
Roman monuments of the times of the emperors, 
and the following woodcut places in immediate 
contrast a Supo^ A.€7ri5airds on the right and 
<poAi5o)T<Js on the left, both taken from Bartoli's 
A reus Triumphala. 




The Roman hastati wore cuirasses of chain-mail, 
i. e. hauberks or habergeons (o\viri3tin-oi»i dupa- 
hos, Polyb. vi. 21 ; Atlien. v. 22 ; Arrian, /. c). 
Virgil several times mentions hauberks in which 
the rings, linked or hooked into one another, were 
of gold (luriram rnnn rt'im liamis, mirix/tie trilicem, 
Virg. Acn. iii. 467, v. 259, vii. 639). 

In contradistinction to the flexible cuirasses, or 
coats of mail, which have now been described, that 
commonly worn by the Greeks and Romans, more 
especially in the earlier ages, was called dupa{ 
o-toSioj, or (Ttotot, be< auso, when placed upon the 
ground on its lower edge, it stood erect. In con- 
sequence of its firmness it was even used as n seat 
to rest upon. (Paus. x. 27. §2.) It consisted 
principally of the two yvaAa, viz. the breast-plate 
(jKctorulr) made of hnrd L athi r or of bronze, iron, 
or sometimes the more precious metals, which 
covered the bren.it ami abdomen (Horn. //. v. 99, 
xiii. 507, 587, xvii. 314) ; and of the correspond- 
2 z \ 



712 LORICA. 

ing plate which covered the back. (Paus. x. 26. 2 ; 
Horn. II. xv. 530.) Both of these pieces were 
adapted to the form of the body, as may be per- 




ference of form and appearance between the an- 
tique Greek thorax and that worn by the Roman 
emperors and generals. The right-hand figure 
is from one of Mr. Hope's fictile vases {Costumes 
of the Ancients, i. 102), and bears a very strong 
resemblance to a Greek warrior painted on one of 
Sir W. Hamilton's (i. 4). The figure on the left 
hand is taken from a marble statue of Caligula 
found at Gabii. (Visconti, Mon. Gab. No. 38.) 
The gorgon's head over the breast, and the two 
griffins underneath it, illustrate the style of orna- 
ment which was common in the same circum- 
stances. (Mart. vii. L 1 — 4.) [Aegis.] The ex- 
ecution of these ornaments in relief was more 
esp cially the work of the Corinthians. (Cic. Verr. 
iv. 44.) 

T e two plates were united on the right side of 
the body by two hinges, as seen in the equestrian 
statue of the younger Balbus at Naples, and in 
various portions of bronze cuirasses still in ex- 
istence. On the other side, and sometimes on 
both sides, they were fastened by means of buckles 
(7repoVai, Paus. I. c). [Fibula.] In Roman 
statues we often observe a band surrounding the 
waist and tied before. The breast-plate and the 
back- plate were further connected together by 
leathern straps passing over the shoulders, and fast- 
ened in front by means of buttons or of ribands 
tied in a bow. In the last woodcut both of the 
connecting ribands in the right-hand figure are 
tied to a ring over the navel. The breast-plate of 
Caligula has a ring over each breast, designed to 
fulfil the same purpose. 

Bands of metal often supplied the place of the 
leathern straps, or else covered them so as to be- 
come very ornamental, being terminated by a lion's 
head, or some other suitable figure appearing on 



LORICA. 

ceived in the representation of them in the wood- 
cuts at pages 135, 196. The two figures here 
introduced are designed to show the usual dif- 




each side of the breast. The most beautiful spe- 
cimens of enriched bronze shoulder-bands now in 
existence are those which were found A. D. 1820, 
near the river Siris in S. Italy, and which are pre- 
served in the British Museum. They were origin- 
ally gilt, and represent in very salient relief two 
Grecian heroes combating two Amazons. They are 
seven inches in length, and belong to the descrip- 
tion of bronzes called ipya o~<pvpr]\aTa, having been 
beaten into form with wonderful skill by the ham- 
mer. Brbndsted (Bronzes of Siris, London, 1836) 
has illustrated the purpose which they served, by 
showing them in connection with a portion of an- 
other lorica, which lay upon the shoulders behind 
the neck. This fragment was found in Greece. 
Its hinges are sufficiently preserved to show most 
distinctly the manner in which the shoulder-bands 
were fastened to them (see woodcut). 




" Around the lower edge of the cuirass," ob- 
serves Brondsted, " were attached straps, four or 
five inches long, of leather, or perhaps of felt, and 



LUCERNA. 

covered with small plates of metal. These straps 
served in part for ornament, and partly also to pro- 
tect the lower region of the body in concert with 
the belt ($vn) and the band (fi'irpa). They are 
well shown in the preceding figure of Caligula. 

Instead of the straps here described, which the 
Greeks called irrepvyes (Xen. de lie Equest. xii. 
4), the Chalybes, who were encountered by Xeno- 
phon on his retreat (Anab. iv. 7. § 15), had in the 
same situation a kind of cordage. Appendages of 
a similar kind were sometimes fastened by hinges 
to the lorica at the right shoulder, for the purpose 
of protecting the part of the body which was ex- 
posed by lifting up the arm in throwing the spear 
or using the sword. (Xen. de Re Er/uest. xii. 6.) 

Of Grecian cuirasses the Attic were accounted 
the best and most beautiful. (Aelian, V. II. iii. 
24). The cuirass was worn universally by the 
heavy-armed infantry and by the horsemen, ex- 
cept that Alexander the Great gave to the less 
brave of hi3 soldiers breast-plates only, in order 
that the defenceless state of their backs might 
decrease their propensity to flight. (Polyaen. 
iv. 3. 13.) These were called half-cuirasses (t)iii8u- 
paKia). The thorax was sometimes found to be 
very oppressive and cumbersome. (Tac. Ann. i. 
64.) [J. Y.] 

LORI'CA, LORICA'TIO, in architecture. 
[Murus ; Tectorium Opus.] 

LOUTRON (\o\np6v). [Balneae.] 

LUCAR. [Histrio, p. 613, a.] 

LU'CERES. [Patricii.] 

LUCERNA (Kuxvos), an oil lamp. Thc.Greeks 
and Romans originally used candles ; but in later 
times candles were chiefly confined to the houses 
of the lower classes. [Candela.] A great 
number of ancient lamps has come down to us ; 
the greater part of which are made of terra cotta 
(Tpox^Aaroi, Aristoph. Eccl. 1), but also a con- 
siderable number of bronze. Most of the lamps 
are of an oval form, and flat upon the top, on which 
there arc frequently figures in relief. (See the 
woodcuts, pp. 143, 395, 464.) In the lamps there 
arc one or more round holes according to the num- 
ber of wicks (etlychnia) burnt in it ; and as these 
holes were called from an obvious analogy, fiu- 
KTT/pts or literally nostrils or nozzles, the 

lamp was also called Monomyios, Dimyxos, Tri- 
myioi, or I'olymyxos, according as it contained 
one, two, three, or a greater number of nozzles or 
holes for the wicks. The following example of a 
dimyxos lucema, upon which there is a winged boy 
with ■ goose, is taken from the Museo liorbonico, 
vol. iv. pi. 14. 



LUCTA. 



713 






The next woodcut, taken from the same work 
(vol. i. pi. 10), represents one of the most beautiful 
bronze lamps which has yet been found. Upon it 
is the figure of a standing Silcnus. 



The lamps sometimes 
hung in chains from the 
ceiling of the room (Virg. 
Am. i. 726 ; Petron. 30), 
but generally stood upon a 
stand. [Candelabrum.] 
Sometimes a figure holds 
the lamp, as in the an- 
nexed woodcut (Museo 
lir/rljon. vol. vii. pi. 15), 
which also exhibits the 
needle or instrument which 
served to trim the wick, 
and is attached to the 
figure by means of a chain. 
(Comp. Virg. Moret. 1 1. 
" Et producit acu stupas 
humore carentes.") 

We read of lucernae cu- 
biculares, Lalneares, tricli- 
niares,sepulcrales,&.c; but 
these names were only 
given to the lamps on ac- 
count of the purposes to which they were applied, 
and not on account of a difference in shape. The 
lucernae cubiculares were burnt in bed-chambers 
all night (Mart. xiv. 39, x. 38.) 

Perfumed oil was sometimes burnt in the lamps. 
(Petron. 70 ; Mart. x. 38. 9.) 

(Passcri, Lucernae fictiles ; Biittiger Die Silenus- 
lampen, Amalth. vol. iii. p. 168, &c. ; Bi cker, 
Charikles, voL ii. p. 215, 6i.c, Callus, vol. ii. p. 
201, &c.) 

LUCTA, LUCTATIO (ireUjj, -iriKattrua, 
ira\ai<TfLO(Tvirn, or KaTaSKnTiKT)), wrestling. The 
word n&Kri is sometimes used in a wider sense, 
embracing all gymnastic exercises with the excep- 
tion of dancing, whence the schools of the athletae 
were called jxi/aestrae, that is, Bchnols in which 
the ird\n in iu widest sense was taught. (Plat, de 
Leg. vii. p. 795 ; Herod, ix. 33.) [Palaestra.] 
There arc also many passages in ancient writers in 
which iraA7j and iraAaiuv nre used to designate 
any particular species of nthletic games besides 
wrestling, or a combination of several games. (See 
Krause, p. 400. note 2.) 

The Greeks ascribed the invention of wrestling 
to mythical personages, such as Palaestra, the 
daughter of Hermes (Apollod. ii. 4. $ 9), Antaeus 
and (Vrcyon (Plat, de Isij. vii. p. 796), Phorbas 
of Athens, or Theseus. (Schol. ad I'ind. Arm. v. 
49.) Herra s, the god of all gymnastic exercises. 



714 



LUCTA. 



LUDI. 



also presided over the jraAij. Theseus is said by 
Pausanias (i. 39. § 3) to have been the first who 
reduced the game of wrestling to certain rules, 
and to have thus raised it to the rank of an art ; 
whereas before his time it was a rude fight, in 
which bodily size and strength alone decided the 
victory. The most celebrated wrestler in the 
heroic age was Heracles. In the Homeric age 
wrestling was much practised, and a beautiful de- 
scription of a wrestling match is given in the Iliad 
(xxiii. 710, &c. ; compare Od. viii. 103, 126, 246 ; 
Hesiod, Scut. Here. 302, where yuctxeie iAxySbv 
signifies the iraArj). During this period wrestlers 
contended naked, with the exception of the loins, 
which were covered with the irepifaixa (II. xxiii. 
700), and this custom remained throughout Greece 
until 01. 15, from which time the perizoma was no 
longer used, and wrestlers fought entirely naked. 
(Thucyd. i. 6, with the Schol. ; Paus. i. 44. § 1 ; 
Dionys. vii. 72.) In the Homeric age the custom of 
anointing the body for the purpose of wrestling does 
not appear to have been known, but in the time of 
Solon it was quite general, and was said to have 
been adopted by the Cretans and Lacedaemonians 
at a very early period. (Thucyd. I. c. ; Plat, de Re 
Publ. v. p. 452.) After the body was anointed, it 
was strewed over with sand or dust, in order to 
enable the wrestlers to take a firm hold of each 
other. At the festival of the Sthenia in Argos the 
tt<x\t\ was accompanied by flute-music. [Sthenia.] 

When two athletae began their contest, each 
might use a variety of means to seize his antagonist 
in the most advantageous manner, and to throw 
him down without exposing himself (Ovid. Met. 
ix. 33, &c. ; Stat. Tlieb. vi. 831, &c. ; Heliodor. 
Aethiop. x. p. 235) ; but one of the great objects 
was to make every attack with elegance and 
beauty, and the fight was for this as well as for 
other purposes regulated by certain laws. (Plat, de 
Leg. viii. p. 834 ; Cic. Orat. 68 ; Lucian, Attach. 
24 ; Aelian. V. II. xi. 1.) Striking, for instance, 
was not allowed, but pushing an antagonist back- 
ward (a>0ttTfi6s) was frequently resorted to. (Plut. 
Symp. ii. 5 ; Lucian, Anach. 1. 24.) It is pro- 
bably on account of the laws by which this game 
was regulated, and the great art which it re- 
quired in consequence, that Plutarch (Symp. ii. 4) 
calls it the T^x vllc< ^ raT0V Ka ^ Tcwovpydrarov ra>v 
aBATjudrav. But notwithstanding these laws, 
wrestling admitted of greater cunning and more 
tricks and stratagems than any other game, with 
the exception of the pancratium (Xen. Cyrop. i. 6. 
§ 32) ; and the Greeks had a great many technical 
terms to express the various stratagems, positions, 
and attitudes in which wrestlers might be placed. 
Numerous scenes of wrestlers are represented on 
ancient works of art. (Krause, p. 412, &c. ; see 
woodcut in Pancratium.) 

The contest in wrestling was divided by the an- 
cients into two parts, viz. the ttoKt) op9); or opBla 
(opBoardSriv iraXaUiv), that is, the fight of the 
athletae as long as they stood upright, and the 
aAieSijtm or Kxihtcris (lacta volutatoria), in which 
the athletae struggled with each other while lying 
on the ground. Unless they contrived to rise again, 
the aAiVSrjiriy was the last stage of the contest, 
which continued until one of them acknowledged 
himself to be conquered. The ttoAtj bpBi] appears 
to have been the only one which was fought in the 
times of Homer, as well as afterwards in the great 
national games of the Greeks ; and as soon as one 



athlete fell, the other allowed him to rise and con- 
tinue the contest if he still felt inclined. (Plat, de 
Legg. vii. p. 796 ; Corn. Nep. Epam. 2 ; Lucian, 
Lexiph. 5.) But if the same athlete fell thrice, the 
victory was decided, and he was not allowed to go 
on. (Senec. de Bene/, v. 3 ; Aeschyl. Again. 171 ; 
Anthol. Gr. vol. ii. p. 406, ed. Jacobs.) The 
a.\lvh)<7is was only fought in later times, at the 
smaller games, and especially in the pancratium. 
The place, where the wrestlers contended, was ge- 
nerally soft ground, and covered with sand. (Xen. 
Anab. iv. 8. § 26 ; Lucian, Anach. 2.) Effeminate 
persons sometimes spread large and magnificent 
carpets on the place where they wrestled. (Athen. 
xii. p. 539.) Each of the various tribes of the 
Greeks seem to have shown its peculiar and na- 
tional character in the game of wrestling in some 
particular trick or stratagem, by which it excelled 
the others. 

In a diaetetic point of view the ctAiVSTjms was 
considered beneficial to the interior parts of the 
body, the loins, and the lower parts in general, 
but injurious to the head ; whereas the itah-r) bpQ-'q 
was believed to act beneficially upon the upper 
parts of the body. It was owing to these salutary 
effects that wrestling was practised in all the gym- 
nasia as well as in the palaestrae, and that in 01. 
37 wrestling for boys was introduced at the 
Olympic games, and soon after in the other 
great games, and at Athens in the Eleusinia, and 
Thesea also. (Paus. v. 8. § 3, iii. 11. § 6 ; Pind. 
Ol. viii. 68 ; Gell. xv. 20 ; Plut. Symp. ii. 5.) The 
most renowned of all the Greek wrestlers in the 
historical age was Milon of Croton, whose namo 
was known throughout the ancient world. (Herod, 
iii. 137 ; Strab. vi. p. 262, &c. ; Diodor. xii. 9.) 
Other distinguished wrestlers are enumerated by 
Krause (p. 135, &c), who has also given a very 
minute account of the game of wrestling and every 
thing connected with it, in his Gymnastikimd Aqon. 
d. Hell. pp. 400—439. [L. S.] 

LUDI is the common name for the whole variety 
of theatrical exhibitions, games and contests, which 
were held at Rome on various occasions, but chiefly 
at the festival of the gods ; and as the ludi at cer- 
tain festivals formed the principal part of the so- 
lemnities, these festivals themselves are called ludi. 
Sometimes, however, ludi were also held in honour 
of a magistrate or of a deceased person, and in this 
case the games may be considered as ludi privati, 
though all the people might take part in them. 

All ludi were divided by the Romans into two 
classes, viz. ludi circenses and ludi scenici (Cic. de 
Leg. ii. 15), accordingly as they were held in the 
circus or in the theatre ; in the latter case they 
were mostly theatrical representations with their 
various modifications ; in the former they consisted 
of all or of a part of the games enumerated in the 
articles Circus and Gladiatores. Another di- 
vision of the ludi into stati, imperativi, and votivi, 
was made only with regard to religious festivals, 
and is analogous to the division of the feriae. 
[Feriae.] 

The superintendence of the games and the so- 
lemnities connected with them was in most cases 
intrusted to the aediles. [Aediles.] If the law- 
ful rites were not observed in the celebration of the 
ludi, it depended upon the decision of the pontiffs 
whether they were to be held again (instaurari) or 
not. An alphabetical list of the principal ludi is 
subjoined. [L. S.] 



LUDI CAPITOLINI. 



LUDI FUNEBRES. 



715 



LUDI APOLLINA'RES were instituted at 
Rome during the second Punic war, four years after 
the battle of Cannae (B.C. 212), at the command of 
an oracle contained in the books of the ancient 
seer Marcius (curmina Marciana, Liv. xxv. 12 ; 
Macrob. Sat. L 1 7). It was stated by some of the 
ancient annalists that these ludi were instituted for 
the purpose of obtaining from Apollo the protection 
of human life during the hottest season of summer ; 
but Livy and Macrobius adopt the account founded 
upon the most authentic document, the carmina 
Marciana themselves, that the Apollinarian games 
were instituted partly to obtain the aid of Apollo 
in expelling the Carthaginians from Italy, and 
partly to preserve, through the favour of the god, 
the republic from all dangers. The oracle suggested 
that the game3 should be held every year under 
the superintendence of the praetor urbanus, and 
that ten men should perform the sacrifices accord- 
ing to Greek rites. The senate complying with 
the advice of the oracle made two senatuscon- 
sulta ; one that, at the end of the games, the 
praetor should receive 12,000 asses to be expended 
on the solemnities and sacrifices, and another that 
the ten men should sacrifice to Apollo, according to 
Greek rites, a bull with gilt horns and two white 
goats also with gilt horns, and to Latona a heifer 
with gilt homs. The games themselves were held 
in the Circus Maximus, the spectators were adomed 
with chaplets, and each citizen gave a contribution 
towards defraying the expenses. (Fcstus, 5. v. 
Ajifitlinarcs.) The Roman matrons performed sup- 
plications, the people took their meals in the pro- 
patulum with open doors, and the whole day — 
for the festival lasted only one day — was filled up 
with ceremonies and various other rites. At this 
first celebration of the ludi Apollinares no decree 
was made respecting the annual repetition sug- 
gested by the oracle, so that in the first year they 
were simply ludi votivi or indictivi. The year 
aftrr (B.C. 211) the senate, on the proposal of the 
praetor Calpumius, decreed that they should be re- 
peated, and that in future they should be vowed 
afresh every year. (Liv. xxvi. 23.) The day on 
which they were held varied every year according 
to circumstances. A few years after, however (b. c. 
208), when Rome and its vicinity were visited by 
a plague, the praetor urbanus, P. Licinius Varus, 
brought a bill before the people to ordain that the 
Apollinarian games should in future always be 
vowed and held on a certain day (dies status), viz. 
on the Cth of July, which day henceforward re- 
mained a dies solennis. (Liv. xxvii. 23.) The 
games thus became votivi ct stativi, and continued 
to be conducted by the praetor urbanus. (Cic. 
POL ii. 1 3.) Hut during the empire the day of these 
solemnities appears again to have been changed, 
for Julius Capitolinus (Muxim. et llalhin. c. 1) as- 
signs them to the 2(»th of May. [ US.] 
LUDI AUGUSTA'LES. [Aitoustai.iss.] 
LUDI CAPITOLI'Nl were said to have been 
instituted by the senate, on the proposal of the 
dictator M. Furius Camillu.t, in the year b.c. 387, 
nfter the departure of the Gauls from Rome, as a 
token of gratitude towards Jupiter Capitolinus, 
who had saved the Capitol in tin- hour of danger. 
The decree of the senate at the same time intrusted 
the superintendence and management of the Capi- 
toliii"' games to a college of priests to he chosen by 
the dictator from among those who resided on the 
Capitol and in the citadel (in arce), which can only 



mean that they were to be patricians. (Liv. v. 50, 
52.) These priests were called Capitolini. (Cic. 
ad Quint. Frat. ii. 5.) One of the amusements at 
the Capitoline games, a solemnity which was ob- 
served as late as the time of Plutarch, was that a 
herald offered the Sardiani for public sale, and 
that some old man was led about, who, in order to 
produce laughter, wore a toga praetexta, and a 
bulla puerilis which hung down from his neck. 
(Plut. Quaest. Horn. p. 277 ; Fest. s. v. Sardi 
renaies, &c.) According to some of the ancients 
this ceremony was intended to ridicule the Veien- 
tines, who were subdued, after long wars with 
Rome, and numbers of whom were sold as slaves, 
while their king, represented by the old man with 
the bulla (such was said to have been the costume 
of the Etruscan kings), was led through the city 
as an object of ridicule. 

The Veientines, it is further said, were desig- 
nated by the name Sardiani or Sardi, because they 
were believed to have come from Lydia, the capital 
of which was Sanies. This specimen of ancient ety- 
mology, however, is opposed by another interpretation 
of the origin of the ceremony given by SinniusCapito. 
According to this author, the name Sardiani or 
Sardi had nothing to do with the Veientines, but 
referred to the inhabitants of Sardinia. When 
their island was 6ubdued by the Romans in B. c. 
238, no spoils were found, but a great number of 
Sardinians were brought to Rome and sold as 
slaves, and these proved to be slaves of the worst 
kind. (Fcst. /. c. ; Aurel. Vict, dc Vir. Illuilr. 
c. 57.) Hence arose the proverb, Sardi vcnales ; 
alius alio nerjuior (Cic. ail Fani. vii. 24), and hence 
also the ceremony at the Capitoline games. At 
what time or at what intervals these ludi were 
celebrated is not mentioned. During the time of 
the empire they seem to have fallen into oblivion, 
but they were restored by Domitian, and were 
henceforth celebrated every fifth year under the 
name of agones Capitolini. (See Jos. Scaligcr, 
Auson. IacI. i. 10.) [L. S.] 

LUDI CIRCENSES ROMA'NI or MAGNI, 
were celebrated every year during several days, 
from the fourth to the twelfth of September, in 
honour of the three great divinities, Jupiter, Juno, 
and Minerva (Cic. c. Verr. v. 1-1), or according to 
others, in honour of Jupiter, Consus, and Neptunus 
Euurstris. They were superintended by the curule 
aediles. For further particulars see Circus, p. 
286, &c [ L. S.] 

LUDI COMPITALI'CII. [Compitalia.] 
LUDI FLORA'LES. I Fi.oiiai.ia.] 
LUDI FI'NEHRKS wire games celebrated at 
the funeral pyre of illustrious persons. Such games 
arc mentioned in the very early legends of tho 
history of Greece and Rome, and they continued 
with various modifications until the introduction of 
Christianity. It was at such a ludus funehris that 
in the year B. c. 2G4 gladiatorial fights were ex- 
hibited at Rome for the first time, which hence- 
forward remained the most essential part in all 
ludi funebres. [Gi.adiatorks, p. 574, a.] The 
duration of these games varied according to cir- 
cumstances. They lasted sometimes for three and 
sometimes for four days, though it may be supposed 
that in the majority of cases they did not Inst mnro 
than one day. On one occasion 120 gladiators 
fought in tho course of three days, and the whole 
forum wns covered with triclinia and tmts, in 
which thu people feasted. (Liv. xxii. 30, xxxi. 



716 LUDI PLEBEII. 



LUDI SAECULARES. 



50, xxxix. 46 ; Plin. H. N. xxxv. 7.) It was 
thought disgraceful for women to be present at 
these games, and Publius Sempronius separated 
himself from his wife because she had been present 
without his knowledge at ludi funebres. (Plut. 
Quaest. Rom. p. 267, B ; Val. Max. vi. 3. § 12 ; 
compare Suet. Aug. 44.) These ludi, though on 
some occasions the whole people took part in them, 
were not ludi publici, properly speaking, as they 
were given by private individuals in honour of 
their relations or friends. Compare Funus, p. 
562. [L. S.] 

LUDI HONORA'RII are expressly mentioned 
only by Suetonius (Aug. 32), who states that 
Augustus devoted thirty days, which had been 
occupied till that time by ludi honorarii, to the 
transaction of legal business. What is meant by 
ludi honorarii, is not quite certain. According to 
Festus (s. v. Honorarios ludos) they were the same 
as the Liberalia. Scaliger, however, in his note 
on Suetonius, has made it appear very probable 
that they were the same as those which Tertullian 
(De Sped. c. 21) says were given for the purpose 
of gaining honours and popularity, in contradis- 
tinction to other ludi which were intended either 
as an honour to the gods, or as daia for the dead. 
At the time of Augustus this kind of ludi which 
Tacitus (Agric. 6) seems to designate by the name 
inania honoris, were so common that no one ob- 
tained any public office without lavishing a con- 
siderable portion of his property on the exhibition 
of games. Augustus therefore wisely assigned 
thirty of the days of the year, on which such 
spectacles had been exhibited previously, to the 
transaction of business, i. e. he made these 30 days 
fasti. (Compare Ernesti and F. A. Wolf, ad 
Sueton.. I.e.) [L. S.] 

LUDI JUVENA'LES. [Juvenales.] 
LUDI LIBERA'LES. [Dionysia, p. 414.] 
LUDI MARTIA'LES were celebrated every 
year on the first of August, in the Circus, and in 
honour of Mars, because the temple of Mars had 
been dedicated on this day. (Dion Cass. lx. 5 ; 
Sueton. Claud. 4.) The ancient calendaria men- 
tion also other ludi martiales which were held in 
the Circus on the 12th of May. [L. S.] 

LUDI MEGALENSES. [Megalesia.] 
LUDI NATALI'TII are the games with which 
the birth-day of an emperor was generally cele- 
brated. They were held in the Circus, whence 
they are sometimes called circenses. (Capitol. An- 
tonin. Pius, 5 ; Spartian. Hadrian, 7.) They con- 
sisted generally of fights of gladiators and wild 
beasts. On one occasion of this kind Hadrian 
exhibited gladiatorial combats for six days, and one 
thousand wild beasts. [L. S.] 

LUDI PALATI'NI were instituted by Livia 
in honour of Augustus, and were held on the Pala- 
tine. (Dion Cass. lvi. sub fin.) According to Dion 
Cassius they were celebrated during three days, 
but according to Josephus (Antiq. Jud. xix. 1) they 
lasted eight days, and commenced on the 27th of 
December. (See Suet. Calig. 56, with Scaliger's 
note.) [L. S.] 

LUDI PISCATO'RII were held every year on 
the sixth of June, in the plain on the right bank 
of the Tilaer, and were conducted by the praetor 
urbanus on behalf of the fishermen of the Tiber, 
who made the day a holiday. (Ovid. Fast. vi. 235, 
&c. ; Fest. s. v. Piscat. ludi.) [L. S.] 

LUDI PLEBE'II were, according to the 



Pseudo-Asconius (ad Verr. i. p. 143, Orelli), the 
games which had been instituted in commemoration 
of the freedom of the plebeians after the banish- 
ment of the kings, or after the secession of the 
plebes to the Aventine. The first of these ac- 
counts is not borne out by the history of the ple- 
beian order, and it is more probable that these 
games were instituted in commemoration of the 
reconciliation between the patricians and plebeians 
after the first secession to the mons sacer, or, ac- 
cording to others, to the Aventine. They were 
held on the 16th, 17th, and 18th of November, 
and were conducted by the plebeian aediles. (Liv. 
xxviii. 1 0, xxxix. 7.) It is sufficiently clear from 
the ancient calendaria that the ludi plebeii were 
not, as some have supposed, the same as, or a part 
of, the ludi Romani. [L. S.] 

LUDI PONTIFICATES were probably no- 
thing but a particular kind of the ludi honorarii 
mentioned above. They were for the first time 
given by Augustus, when, after the death of Lepi- 
dus, he obtained the office of pontifex maximus. 
(Sueton. Aug. 44.) [L. S.] 

LUDI QUAESTO'RII were of the same cha- 
racter as the preceding games. They were insti- 
tuted by the emperor Claudius (Suet. Claud. 24 ; 
Tacit. Ann. ii. 22), who decreed that all who ob- 
tained the office of quaestor should, at their own 
expense, give gladiatorial exhibitions. Nero did 
away with this obligation for newly appointed 
quaestors (Tacit. Ann. xiii. 5), but it was revived 
by Domitian. (Sueton. Domit. c. 4.) [L. S.] 

LUDI ROMANI or MAGNI. [Megalesia.] 

LUDI SAECULA'RES. If we were to judge 
from their name, these games would have been 
celebrated once in every century or saeculum ; but 
we do not find that they were celebrated with this 
regularity at any period of Roman history, and the 
name ludi saeculares itself was never used during 
the time of the republic. In order to understand 
their real character we must distinguish between the 
time of the republic and of the empire, since at 
these two periods these ludi were of an entirely 
different character. 

During the time of the republic they were called 
ludi Tarentini, Terentini, or Taurii, while during 
the empire they bore the name of ludi saeculares. 
(Fest. s. v. Saecul. ludi and Taurii ludi; Val. Max. 
ii. 4. § 5.) Their origin is described by Valerius 
Maximus, who attributes their institution to the 
miraculous recovery of three children of one Vale- 
rius, who had been attacked by a plague raging at the 
time in Rome, and were restored to health by drink- 
ing some water warmed at a place in the Campus 
Martius, called Tarentum. Valerius afterwards 
offered sacrifices in the Tarentum to Dis and Pro- 
serpina, to whom the recovery of his children was 
supposed to be owing, spread lectisternia for the 
gods, and held festive games for three successive 
nights, because his three children had been saved. 
The account of Valerius Maximus agrees in the 
main with those of Censorinus {De Die Nat. c. 17) 
and of Zosimus (ii. 3), and all appear to have derived, 
their information from the ancient annalist, Vale- 
rius Antias. While according to this account the 
Tarentine games were first celebrated by Valerius, 
another legend seems to consider the fight of the 
Horatians and Curiatians as connected with their 
first celebration. A third account (Festus, s. v. 
Taurii ludii ; Serv. ad Aen. ii. 140) ascribes their 
first institution to the reign of Tarquinius Superbus. 



LUDI SAECULARES. 
A fearful plague broke out, by which all pregnant 
women were affected in such a manner that the 
children died in the womb. Games were then in- 
stituted to propitiate the infernal divinities, and 
sacrifices of sterile cows (iaureae) were otfered up 
to them, whence the games were called ludi Taurii. 
These games and sacrifices took place in the Circus 
Flaminius, that the infernal divinities might not 
enter the city. Festus (s.p. Saec. ludi) and Cen- 
sorinus ascribe the first celebration to the consul 
Valerius Poplicola. This account admits that the 
worship of Dis and Proserpina had existed long 
before, but states that the games and sacrifices 
were now performed for the first time to avert a 
plague, and in that part of the Campus Martius 
which had belonged to the last king Tarquinius, 
from whom the place derived its name Tarentum. 
Valerius Maxim US aud Zosimus, who knew of the 
celebration of these games by Valerius Poplicola, 
endeavour to reconcile their two accounts by repre- 
senting the celebration of Poplicola as the second 
in chronological order. Other less important tradi- 
tions are mentioned by Scrvius (ad Aeit. ii. 140) 
and by Varro (up Censorin.). 

As regards the names Tarenti or Taurii, they are 
perhaps nothing but different forms of the same 
word, and of the same root as Tarquinius. All the 
accounts mentioned above, though differing as to 
the time at which and the persons by whom the 
Tarentine games were first celebrated, yet agree in 
staling that they were celebrated for the purpose 
of averting from the state some great calamity by 
which it had been afflicted, and that they were 
held in honour of Dis and Proserpina. From 
the time of the consul Valerius Poplicola down to 
that of A ugustus, the Tarentine games were only 
held three times, and again only on certain emer- 
gencies, and not at any fixed time, so that we 
must conclude that their celebration was in no way 
connected with certain cycles of time (saecula). 
The deities in whose honour they were held during 
the republic, continued, as at first, to be Dis and 
Proserpina. As to the time3 at which these three 
celebrations took place, the commentarii of the 
quindecimviri and the accounts of the annalists did 
not :iL r ree (Censorin. /. c), and the discrepancy of 
the statements still extant shows the vain attempts 
which were made in later times to prove that 
during the republic the games had been celebrated 
once in every sacculum. All these misrepresenta- 
tions and distortions arose in the time of Augustus. 
Not long after he had assumed the supreme power 
in the republic, the quindecimviri nnnounced that 
nccordiug to their books ludi saeculares ought to 
be held, and at the same time tried to prove from 
history that in former time9 they had not only 
been celebrated repeatedly, but almost regularly 
once in every century. The games of which the 
quindecimviri made this assertion, were the ludi 
Tan-ntini. 

The celebrated jurist and antiquary Ateins Capito 
received from the emperor the command to deter- 
mine the ceremonies, and Horace was requested to 
c iii|kisc the festive hymn for the occasion (rarmrn 
tueeulare), which is still extant (Zosim. ii. 4.). 
Hut the festival which was now held, was in 
reality very different from the ancient Tarentine 
BBBMl ; for Dis and Proserpina, to whom formerly 
the festival belonged exclusively, were now the last 
in the list of the divinities in honour of whom the 
ludi saeculares were celebrated. A description of 



LUDUS. 



717 



the various solemnities is given by Zosimus. Some 
days before they commenced, heralds were sent 
about to invite the people to a spectacle which no 
one had ever beheld, and which no one would ever 
behold again. Hereupon the quindecimviri dis- 
tributed, upon the Capitol and the Palatine, among 
the Roman citizens, torches, sulphur, and bitumen, 
by which they were to purify themselves. In the 
same places, and on the Aventine in the temple 
of Diana, the people received wheat, barky, and 
beans, which were to be offered at night-time to 
the Parcae, or, according to others, were given as 
pay to the actors in the dramatic representations 
which were performed during the festive days. 
The festival took place in summer, and lasted for 
three days and three nights. On the first day the 
games commenced in the Tarentum, and sacrifices 
were offered to Jupiter, Juno, Neptune, Minerva, 
Venus, Apollo, Mercury, Ceres, Vulcan, Mars, 
Diana, Vesta, Hercules, Latona, the Parcae, and 
to Dis and Proserpina. The solemnities began at 
the second hour of the night, and the emperor 
opened them by the river side with the sacrifice of 
three lambs to the Parcae upon three altars erected 
for the purpose, and which were sprinkled with 
the blood of the victims. The lambs themselves 
were burnt. A temporary scene like that of a 
theatre was erected in the Tarentum, and illumi- 
nated with lights and fires. 

In this scene festive hymns were sung by a 
chorus, and various other ceremonies, together 
with theatrical performances, took place. During 
the morning of the first day the people went to 
the Capitol to offer solemn sacrifices to Jupiter ; 
thence they returned to the Tarentum to sing 
choruses in honour of Apollo and Diana. On the 
second day the noblest matrons, at an hour fixed 
by an oracle, assembled on the Capitol, performed 
supplications, sang hymns to the gods, and also 
visited the altar of Juno. The emperor and the 
quindecimviri offered sacrifices which had been 
vowed before, to all the great divinities. On the 
third day Gieek and Latin choruses were sung in 
the sanctuary of Apollo by three times nine boys 
and maidens of great beauty whose parents were 
still alive. The object of these hymns was to 
implore the protection of the gods for all cities, 
towns, and officers of the empire. One of these 
hymns was the carmen saecularc by Horace, which 
was especially composed for the occasion, and 
adapted to the cirumstances of the time. During 
the whole of the three days and nights, games of 
every description wen? carried on in all the cir- 
cuses and theatres, and sacrifices were offered in 
all the temples. 

The first celebration of the ludi saeculares in the 
reign of Augustus took place in the summer of the 
year u. c. 17 (Tacit. Ann. xi. 11.); the second 
took place in the reign of Claudius, a. d. -17 (Suet. 
Gaud. 21) ; the third in the reign of Domitian, 
A. D. 88 (Suet. Domit. 4, with Ernesti's note) ; and 
the last in the reign of Philippus a.d. 248, and, 
■I was generally believed, just 1000 years after 
the building of the city. (Jul. Capitol. Curd. 'J'rrt. 
c. 33 ; compare S«iliger, I)r fcmend. Tcmpor. p. 
486; Hartung, /he RlUffion ttl r UYimrr, vol. ii. 
p. 92, Ace, and the commentators ad llurat. 
C'urm. .Surr.) [L. S.J 

MIDI'S, ['ii aim iraio, p. .174. b.) 

MJDUS DUO'DECIM SCKIPTO'KUM. 
[ Lath trscuu] 



718 LUPERCALIA. 



LUPERCI. 



LUDUS LATRUNCULO'RUM. [Latrun- I 

CULI.] 

LUDUS TROJAE. [Circus, p. 288, a.] 

LU'MINA. [Servitutes.] 

LUPA'NAR. [Caupona, p. 258, b.] 

LUPA'TUM. [Fkenum.] 

LUPERCA'LIA, one of the most ancient Ro- 
man festivals, which was celebrated every year in 
honour of Lupercua, the god of fertility. All the 
ceremonies with which it was held, and all we 
know of its history, shows that it was originally a 
shepherd-festival. (Plut. Cues. 61.) Hence its in- 
troduction at Rome was connected with the names 
of Romulus and Remus, the kings of shepherds. 
Greek writers and their followers among the Ro- 
mans represent it as a festival of Pan, and ascribe 
its introduction to the Arcadian Evander. This 
misrepresentation arose partly from the desire of 
these writers to identify the Roman divinities with 
those of Greece, and partly from its rude and 
almost savage ceremonies, which certainly are a 
proof that the festival must have originated in the 
remotest antiquity. The festival was held every 
year, on the 15th of February, in the Lupercal, 
where Romulus and Remus were said to have been 
nurtured by the she-wolf ; the place contained an 
altar and a grove sacred to the god Lupercus. 
(Aurel. Vict, de Orig. Gent. Rom. 22 ; Ovid. Fast. 
ii. 267.) Here the Luperci assembled on the day 
of the Lupercalia, and sacrificed to the god goats 
and young dogs, which animals are remarkable for 
their strong sexual instinct, and thus were appro- 
priate sacrifices to the god of fertility. (Plut. Rom. 
21 ; Servius ad Aen. viii. 343.) Two youths of 
noble birth were then led to the Luperci, and one 
of the latter touched their foreheads with a sword 
dipped in the blood of the victims ; other Luperci 
immediately after wiped off the bloody spots 
with wool dipped in milk. Hereupon the two 
youths were obliged to break out into a shout of 
laughter. This ceremony was probably a sym- 
bolical purification of the shepherds. After the 
sacrifice was over, the Luperci partook of a meal, 
at which they were plentifully supplied with wine. 
(Val. Max. ii. 2. 9.) They then cut the skins 
of the goats which they had sacrificed, into pieces ; 
with some of which they covered parts of their 
body in imitation of the god Lupercus, who was 
represented half naked and half covered with goat- 
skin. The other pieces of the skins they cut into 
thongs, and holding them in their hands they ran 
through the streets of the city, touching or strik- 
ing with them all persons whom they met in their 
way, and especially women, who even used to 
come forward voluntarily for the purpose, since 
they believed that this ceremony rendered them 
fruitful, and procured them an easy delivery in 
childbearing. This act of running about with 
thongs of goat-skin was a symbolic purification of 
the land, and that of touching persons a purifi- 
cation of men, for the words by which this act is 
designated are februare and lustrare. (Ovid. Fast. 
ii. 31 ; Fest. s. v. Februarius.) The goat-skin itself 
was called februwn, the festive day dies februata, 
the month in which it occurred Februarius, and 
the god himself Februus. 

The act of purifying and fertilizing, which, as 
we have seen, was applied to women, was without 
doubt originally applied to the flocks, and to the 
people of the city on the Palatine. (Varro, de Ling. 
Lot. v. p. 60, Bip.) Festus (s. v. Crepos) says 



that the Luperci were also called crepi or creppi, 
from their striking with goatskins (a crepitu pelli- 
cularum), but it is more probable that the name 
crepi was derived from crepa, which was the 
ancient name for goat. (Fest. s. v. Caprae.) 

The festival of the Lupercalia, though it neces- 
sarily lost its original import at the time when the 
Romans were no longer a nation of shepherds, was 
yet always observed in commemoration of the 
founders of the city. Antonius, in his consulship, 
was one of the Luperci, and not only ran with 
them half-naked and covered with pieces of goat- 
skin through the city, but even addressed the 
people in the forum in this rude attire. (Plut. Caes. 
61.) After the time of Caesar, however, the Lu- 
percalia seem to have been neglected, for Augustus 
is said to have restored it (Suet. Aug. 31), but 
he forbade youths (imberbes) to take part in the 
running. The festival was henceforth celebrated 
regularly down to the time of the emperor Anas- 
tasius. Lupercalia were also celebrated in other 
towns of Italy and Gaul, for Luperci are mentioned 
in inscriptions of Velitrae, Praeneste, Nemausus, 
and other places. (Orclli, Jnscr. n. 2251, &c.) 
(Compare Luperci ; and Hartung, Die Relig. der 
Romer, vol. ii. p. 1 76, &c.) |L- S.] 

LUPERCI, were the priests of the god Luper- 
cus. They formed a college (sodalitas, craipia), the 
members of which were originally youths of patri- 
cian families, and which was said to have been in- 
stituted by Romulus and Remus. (Plut. Rom. 21.) 
The college was divided into two classes, the one 
called Fabii or Fabiani, and the other Quinctilii or 
Quinctiliani. (Fest. s. vv. Quinctiliani Luperci and 
Fabiani.) These names, which are the same as 
those with which the followers of Romulus and 
Remus were designated in the early Roman le- 
gends, seem to show that the priesthood was 
originally confined to certain gentes. (Ovid. Fast. 
ii. 378, who, however, confounds the Potitii and 
Pinarii with the Quinctilii and Fabii.) But if such 
actually was the case, this limitation does not seem 
to have existed for a very long time, though the 
two classes retained their original names, for Festus 
says, that in course of time the number of Luperci 
increased, " Quia honoris gratia multi in Lupercis 
adscribebantur." What was the original number 
of Luperci, and how long their office lasted, is 
unknown ; but it is stated in inscriptions (Orelli, 
n. 2256 and n. 4920) that a person held the office 
of Lupercus twice, and another three times, and 
this fact shows at least that the priests were not 
appointed for life. Julius Caesar added to the two 
classes of the college a third with the name of Julii 
or Juliani (Dion Cass. xliv. 6 ; Suet. Caes. 76), and 
made Antonius their high priest. He also assigned 
to them certain revenues (veetigalia), which were 
afterwards withdrawn from them. (Cic. Philip, iii. 
15, with the note of P. Manutius.) But it is un- 
certain whether Caesar assigned these revenues to 
the whole college, or merely to the Julii. From 
this time the two ancient classes of the Luperci are 
sometimes distinguished from the new one by the 
nameof Luperci veteres. (Orelli,n.2253.) Although 
in early times the Luperci were taken only from 
noble families, their strange and indecent conduct 
at the Lupercalia was offensive to the more re- 
fined Romans of a later age (Cic. Philip, ii. 34), 
and Cicero (pro Coel. 1 1 ) characterises the college 
as a " Fera quaedam sodalitas et plane pastoricia 
atque agrestis, quorum coitio ilia silvestris ante est 



LUSTRATIO. 



LUSTRUM. 



719 



instituta quam humanitas atque leges." Respect- 
ing the rites with which they solemnised the Lu- 
percalia see Lupercalia. [L. S.] 

LUPUS FE'RREUS, the iron wolf used by 
the besieged in repelling the attacks of the be- 
siegers, and especially in seizins the battering-ram 
and diverting its blows. [Aries.] (Liv. xxxviii. 
3 ; Veget. de He Mil. ii. 25, iv. 23.) [J. Y.| 

LUSTRATIO (naBapo-is), was originally a 
purification by ablution in water. But the lus- 
trations, of which we possess direct knowledge, 
are always connected with sacrifices and other 
religious rites, and consisted in the sprinkling of 
water by means of a bjanch of laurel or olive, and 
at Rome sometimes by means of the aspergillura 
(X f f"">r')> and in the burning of certain mate- 
rials, the smoke of which was thought to have a 
purifying effect. Whenever sacrifices were offered, 
it seems to have been customary to carry them 
around the person or thing to be purified. Lustra- 
tions were made in ancient Greece, and probably at 
Rome also, by private individuals when they had 
polluted themselves with any criminal action. 
Whole cities and states also sometimes underwent 
purifications to expiate the crime or crimes com- 
mitted by a member of the community. The most 
celebrated purification of this kind was that of 
Athens, performed by Epimenides of Crete, after 
the Cylonian massacre. (Diog. Lafc'rt. i. 10. § 3.) 
Purifications also took place when a sacred spot had 
been unhallowed by profane use, as by burying 
dead bodies in it, such as was the case with the 
island of Delos. (Thucyd. i. 8, iii. 104.) 

The Romans performed lustrations on many 
occasions, on which the Greeks did not think of 
them ; and the object of most Roman lustrations 
was not to atone for the commission of crime, but 
to obtain the blessing of the gods upon the persons 
or things which were lustrated. Thus fields were 
purified a'tcr the business of sowing was over 
(Ovid. Fast. i. 669), and before the sickle was 
put to the corn. [Arvales Fratres.] The 
manner in which sheep were lustrated every year 
at the festival of the Palilia, is described by Ovid 
(Fn.it. iv. 735, &c). The shepherd towards even- 
ing sprinkled his flock with water, adorned the 
fold with branches and foliage, burnt pure sulphur 
and various herbs, and offered sacrifices to Pales. 
The object of this lustration was to preserve the 
flock from disease, contagion, and other evils. 
(Cato, de He Hwl. c. 141.) All Roman armies 
before they took the field were lustrated (Dion 
Cass, xlvii. .'18 ; Appian, I lisp. c. 19, CVriV. iv. 89. 
ct passim), and as this solemnity was probably al- 
ways connected with a review of the troops, the 
word lustratio is also used in the sense of the mo- 
dern review. (C'ic. ail Alt. v. 20. § 2.) The rites 
customary on such occasions arc not mentioned, 
but they probably resembled those with which a 
fleet was lustrated before it set sail, and which are 
described by Appian (Civil, v. 96). Altars were 
erected on the shore, and the vessels manned with 
their troops assembled in order close to the coast. 
Every body kept profound silence, and priests 
standing close by the water killed the victims, and 
carried the purifying sacrifices (KaBapoia) in small 
boats three times around the fleet. On these rounds 
they were accompanied by the generals, who 
prayed to the gods to preserve the armament from 
all dangers. Hereupon the priests divided the sacri- 
ficcs into two parts, one of which was thrown into 



the sea, and the other burnt upon the altars, while 
the multitude around prayed to the gods. (Com- 
pare Liv. xxxvi. 42, and xxix. 27, where also a 
prayer is recorded such as generals used to offer 
on these occasions.) When a Macedonian army 
was lustrated, a dog was cut in two pieces in the 
place where the army was to assemble, and one 
half of the dog was thrown at a distance on the 
right and the other to the left. The army then as- 
sembled in the place between the spots where the 
pieces had fallen. (Liv. xl. 6; Curt x. 9. § 12.) 
But to return to the Romans. The establishment 
of a new colony was always preceded by a lustra- 
tio with solemn sacrifices. (Cic. de Divin. i. 45 ; 
Barth, ad Stat. Theb. iv. p. 1073.) The city of 
Rome itself, as well as other towns within its do- 
minion, always underwent a lustratio, after they 
had been visited by some great calamity, such as 
civil bloodshed, awful prodigies, and the like. 
(Appian, Civil, i. 26 ; Liv. xxxv. 9, xlii. 20.) A 
regular and general lustratio of the whole Roman 
people took place after the completion of every lus- 
trum, when the censor had finished his census and 
before he laid down his office. The lustratio (also 
called lustrum. Fest. s. r.) was conducted by one of 
the censors (Cic. de Divin. i. 45), and held with 
sacrifices called Suovctaurilia (Liv. i. 44 ; Varro, 
de He Hunt. ii. 1), because the sacrifices consisted 
of a pig (or ram), a sheep, and an ox. This lus- 
tratio, which continued to be observed in the days 
of Dionysius, took place in the Campus Martins, 
where the people assembled for the purpose. The 
sacrifices were carried three times around the as- 
sembled multitude. (Dionys. Ant. Horn, iv. 22.) 
Another regular lustration which was observed 
every year in the month of February, was said 
to have been instituted because the god Februus 
was believed to be potens lustrationum, and be- 
cause in this month the solemnities in honour of 
the dii manes took place. (Macrob. Sai. i. 13; 
compare llartung, Die Bvliyion der Homer, i. p. 
198, &c.) [L.S.] 

LI'STRUM (from luo, Gr. \ovw), is properly 
speaking a lustration or purification of the whole 
Roman people performed by one of the censors in 
the Campus Martius, after the business of the census 
was over. [Censor ; Lustratio.] As this purifi- 
cation took place only once in five years, the word 
lustrum was also used to designate the time between 
two lustra. Varro (de Lint;. Lat. vL 11, cd. Mull.) 
erroneously derives the word lustrum from luo (I 
pay), because the vectigalia and tributa were paid 
even- five years to the censors. The first lustrum, 
was performed in a c. 566 by king Servius, after 
he had completed his census (Liv. i. 44 ; Dionys. 
iv. 22), and afterwards it is said to have taken 
place regularly every five years after the census 
was over. In the earliest period of the republic 
the business of the census and the solemnities of 
the lustrum were performed by the consuls. Tho 
first censors were appointed in n. c. 443, and from 
this year down to u. c. 294 there had, according to 
Livy (x. 47), only been 26 pairs of censors, and 
only 21 lustra, or general purifications, although if 
all had been regular, there would have been 30 
pairs of censors and 30 lustra. We must therefore 
conclude, that sometimes the census was not held 
at all, or at least not by the censors. Wo also 
learn from this statement thnt the census might 
take place without the lustrum, and indeed two 
rases of this kind are recorded (Liv. iii. 22, xxiv. 



720 



LYRA. 



LYRA. 



43) which happened in B. c. 459 and 214. In 
these cases the lustrum was not performed on ac- 
count of some great calamities which had befallen 
the republic. 

The time when the lustrum took place has been 
very ingeniously defined by Niebuhr (Hist, of Rom. 
i. p. 277). Sis ancient Romulian years of 304 
days each were, with the difference of one day, 
equal to five solar years of 365 days each, or the 
six ancient years made 1824 days, while the five 
solar years contained 1 825 days. The lustrum, or 
the great year of the ancient Romans (Censorin. 
de Die Nat. 1 8), was thus a cycle, at the end of 
which, the beginning of the ancient year nearly 
coincided with that of the solar year. As the co- 
incidence however was not perfect, a month of 24 
days was intercalated in every eleventh lustrum. 
Now it is highly probable that the recurrence of 
such a cycle or great year was, from the earliest 
times, solemnized with sacrifices and purifications, 
and that Servius Tullius did not introduce them, 
but merely connected them with his census, and 
thus set the example for subsequent ages, which 
however, as we have seen, was not observed with 
regularity. At first the irregularity may have 
been caused by the struggles between the patri- 
cians and plebeians, when the appointment of cen- 
sors was purposely neglected to increase the dis- 
orders ; but we also find that similar neglects took 
place at a later period, when no such cause ex- 
isted. (Sueton. Aug. 37, Claud. 16.) The last 
lustrum was solemnized at Rome, in A. D. 74, in 
the reign of Vespasian. (Censorin. I. c.) 

Many writers of the latter period of the republic 
and during the empire, use the word lustrum for 
any space of five years, and without any regard to 
the census (Ovid. Fast. ii. 183, iv. 701, Amor. 
iii. 6. 27 ; Horat. Carm. ii. 4. 24, iv. 1. 6), while 
others even apply it in the sense of the Greek pen- 
taeteris or an Olympiad, which only contained four 
years. (Ovid, ex Pont. iv. 6. 5, &c. ; Mart. iv. 
45.) Martial also uses the expression lustrum 
ingens for saeculum. 

(Compare Scaliger, de Emend. Tempor. p. 183 ; 
Ideler, Handb. der Chronol. ii. p. 77, &c.) [L. S. j 
LYCAEA (AiVcua), a festival with contests, ce- 
lebrated by the Arcadians in honour of Zeus sur- 
named Avkoios. It was said to have been instituted 
by the ancient hero Lycaon, the son of Pelasgus. 
(Paus. viii. 2. § 1 ; Strab. viii. p. 388.) He is also 
said, instead of the cakes which had formerly been 
offered to the god, to have sacrificed a child to Zeus, 
and to have sprinkled the altar with its blood. It is 
not improbable that human sacrifices were offered 
in Arcadia to Zeus Lycaeus down to a very late 
period in Grecian history. (Porphyr. de Ab- 
stin. ii. 27.) No further particulars respecting the 
celebration of the Lycaea are known, with the ex- 
ception of the statement of Plutarch (Caes. 61), 
that the celebration of the Lycaea in some degree 
resembled that of the Roman Lupercalia. [L. S.] 
LYCHNU'CHUS. [Candelabrum.] 
LYRA (Avpa, Lat. fides), a lyre, one of the 
most ancient musical instruments of the stringed 
kind. There can scarcely be any doubt that this 
and similar instruments were used by the Eastern 
nations and by the Egyptians, long before the 
Greeks became acquainted with them, and that 
they were introduced among the Greeks from Asia 
Minor. (Wilkinson's Manners and Cust. of ike Ane. 
Egypt, ii. pp. 272, 288, &c.) The Greeks them- 



selves however attributed the invention of the lyre 
to Hermes, who is said to have formed the instru- 
ment of a tortoise-shell, over which he placed gut- 
strings. (Horn. Hymn.in Mere. ; Apoiloi. iii. 10. §2; 
Diodor. v. 75 ; Serv. ad Virg. Georg. iv. 464.) As 
regards the original number of the strings of a lyre, 
the accounts of the ancients differ so widely, that 
it is almost impossible to arrive at any definite 
conclusion. Diodorus (i. 16) states that Hermes 
gave his lyre three strings, one with an acute, the 
other with a grave, and the third with a middle 
sound. Macrobius (Sat. i. 19) says that the lyre 
of Mercury had four strings, which symbolically 
represented the four seasons of the year ; while 
Lucian (Deor. Dial. 7), Ovid (Fast. v. 1 06), and 
others, assume that the lyre from the first had 
seven strings. All ancient writers who mention 
this invention of Hermes, apply it to the name 
lyra, though its shape in this description of Apol- 
lodorus and Servius rather resembles that of the 
instrument which in subsequent times was de- 
signated by the name cithara (niftapa or KiOapis), 
and in some degree resembled a modern guitar, in 
as far as in the latter the strings were drawn across 
the sounding bottom, whereas in the lyra of later 
times they were free on both sides. In the Ho- 
meric poems the name Aupa does not occur, with 
the exception of the Homeric hymn to Hermes ; 
and from the expression which occurs in this hymn 
(423), Xvpy Ki6api£eiv, it appears that originally 
there was very little or no difference between the 
tvvo instruments, that is to say, the instrument 
formerly used was a cithara in the later sense of 
the word. 

The instruments which Homer mentions as used 
to accompany songs are the (pSpfiiyl- and KiBapis. 
(A. i. 603, Od. viii. 248 and 261.) Now that 
the cp6pniy£ and the idHapis were the same instru- 
ment, appears to be clear from the expression <p6p- 
jxiyyi Ki8api(iiv, and Kidapi <pop)xi£eiv. (Od. i. 153, 
&c.) The lyra is also called X 6 '^ uy > or X e ^ V7 l, 
and in Latin testudo, because it was made of a 
tortoise-shell. 

The obscurity which hangs over the original 
number of strings of the lyre, is somewhat removed 
by the statement made by several ancient writers, 
that Terpander of Antissa (about B. c. 650) added 
to the original number of four strings three new 
ones, and thus changed the tetrachord into a hepta- 
chord. (Euclid. Introd. Harm. p. 19 ; Strab. xiii. 
p. 618 ; Clem. Alex. Strom, vi. p. 814, ed. Potter), 




LYRA. 

thongh it cannot be denied that there existed lyres 
with only three strings. (Blanchini, De Tribus 
Generihus Imirumentorum Mwsicae Vclerum Or- 
ganicae Dissertatio, tab. iv.) The preceding re- 
presentation of a tetrachord and the following one 
of a heptachord are both taken from the work of 
Blanchini. 

The heptachord introduced by Terpander hence- 
forth continued to be most commonly used by the 
Greeks as well as subsequently by the Romans, 
though in the course of time many additions and 
improvements were 
made which are de- 
scribed below. In the 
ancient tetrachord 
the two extreme 
strings stood to each 
other in the relation 
of a fourth (Sia rea- 
adpwv), i.e. the lower 
string made three 
vibrations in the 
time that the upper 
one made four. In 
the most ancient 
arrangement of the 
scale, which was 
called the diatonic, 
the two middle 
strings were strung 
in such a manner, 
that the three in- 
tervals between the 
four strings produc- 
ed twice a whole 
tone, and one semi- 
tone. Terpander in 
forming his heptachord, in reality added a new 
tetrachord to the ancient one, but left out the 
third string of the latter, as there was between 
it and the fourth only an interval of a semi-tone. 
The heptachord thus had the compass of an octave, 
or, as the ancients called it, a diapason (5ia iraowv). 
The intervals between the seven strings in the 
diatonic scale were as follow: — between one and 
two a whole tone, between two and three a whole 
tone, between three and four a whole tone and a 
Bcmi-tone ; between four and five and five and six 
a whole tone each, between six and seven a semi- 
tone. The seven strings themselves were called, 
beginning from the highest, WfT7j, irapaWjTTj, 
irapa/i«<T7j, fiiaf), Aixaj^i, irapuiraTT), inrdrri. 
(Buckh, de Metris J'ttidiiri, p. 205, &c) Pindar 
himself made use of the heptachord, though in 
his time an eighth string had been added. In 
the time of Philip and Alexander the number of 
strings was increased to eleven by Timotheus of 
Miletus (Suidas, ». v. Tifi60fos ; Miiller, I)nr. iv. 
6. § 3), an innovation which was severely cen- 
sured by the Spartans, who refused to go beyond 
the numln r of seven strings. (C'ic. de teg. ii. 15 ; 
Athcn. xiv. p. 63fi.) It is however clear that the 
ancients made use of a variety of lyres, and in the 
representations which we still possess, the number 
of strings varies from three to eleven. About the 
time of Sappho and Anacrcon several stringed in- 
struments, such ns magudis, IkiMImi, and others, 
M used in Greece, nnd especially in Lesbos. 
They hnd been introduced from Asia Minor, nnd 
their number of strings far exceeded that of the 
lyre, for wc know that some had a compass of 




LYRA. 721 

two octaves, and others had even twenty strings, 
so that they must have more resembled a modern 
harp than a lyre. (Bode, Gesch. der Lyrisch. Dicht- 
kunst der Hellenen, vol. L p. 382, &c. ; compare 
Quinctil. xii. 10.) 

It has been remarked above that the name lyra 
occurs very seldom in the earliest Greek writers, 
and that originally this instrument and the cithara 
were the same. But about the time of Pindar in- 
novations seem to have been introduced by which 
the lyra became distinct from the cithara, the in- 
vention of which was ascribed to Apollo, and hence 
the name of the former now occurs more frequently. 
(Pind. 01. x. 113, Nem. iii. 19, xi. 8, Pyih. 
viii. 42, et passim.) Both however had in most 
cases no more than seven strings. The difference 
between the two instruments is described above ; 
the lyre had a great and full-sounding bottom, 
which continued as before to be made generally of 
a tortoise-shell, from which, as Lucian (Dial. Mm: 
1) expresses it, the horns rose as from the head of a 
stag. A transverse piece of wood connecting the 
two horns at or near their top-ends served to fasten 
the strings, and was called (iryov, and in Latin 
transtillum. The horns were called irtjxeis or 
cornua. (Schol. Venet. ad Iliad, ii. 2!)3 ; Hesych. 
s.v. Zvya • Cic. de Aat. Deor. ii. 59.) These in- 
struments were often adorned in the most costly 
manner with gold and ivory. (Cic. ad Hcrtn. iv. 
47 ; Ovid. Mel. xi. I(i7.) The lyre was considered 
as a more manly instrument than the cithara, 
which, on account of its smaller-sounding bottom, 
excluded full-sounding and deep tones, and was 
more calculated for the middle tones. The lyre 
when played stood in an upright position between 
the knees, while the cithara stood upon the knees 
of the player. Both instruments were held with 
the left hand, and played with the right. (Ovid. 
Metam.xi. 168.) It has generally been supposed 
that the strings of these instruments were always 
touched with a little staff called plectrum (irAi}- 
KTpov) (sec woodcut under Mk.isa), but among 
the paintings discovered at Herculaneum we find 
several instances where the persons play the lyre 
with their fingers. (See also Ovid. Heroid. iii. 
118.) The lyre was at all times only played 
as an accompaniment to songs. 

The Latin name fides, which was used for a lyre 
as well as a cithara, is probably the same as the 
Greek <r<p(8f j, which, according to Hesychius (s. t\), 
signifies gut-string ; but Kestus (s. v.) takes it to 
be the same as fides (faith), because the lyre was 
the symbol of harmony and unity among men. 

The lyre (cithara or phorminx) was at first 
used in the recitations of epic poetry, though it was 
probably not played during the recitation itself, 
but only as a prelude before the minstrel com- 
menced his story, and in thr intervals or pauses 
between the several parts. The lyre has given its 
name to a species of poetry called lyric ; this kind 
of poetry was originally never recited or sung with- 
out the accompaniment of the lyre, and sometimes 
also of an appropriate dance. (Compare the article 
MrsiCA ; Plutarch, dr Mn^ira ; Hixkli, dr Mrlrit 
I'indari ; I)ricb<Ti:, Musihilitrhe Wn-mi'ilm/'lrn 
di rGririhin; and l>\ the »anie author .1 «A«7i/ii»c 
ulirr die Mutik ■/< r flnrrlun ; Homey, History of 
Music; Hawkins, History of Music ; Krliger, l)c 
Mittu-is (iritrr. ttryinis circa I'indari temporo Jlo- 
rrnlibus, < inlliiiL'rli, 1 840 ; Miiller, Met. of Greek 
Lit. p. 118, Ace.) (L. S.J 

3 x 



722 



MACHINAE. 



MACHINAE. 



M. 

MACELLUM (oi|/OTra>A(a, Athen. i. 9 ; otyoirio- 
AeToc, KpeoircuAeToc), a provision-market, frequent- 
ed by cooks, fishermen, poulterers, confectioners, 
butchers, and men of similar occupations. (Varro, 
de Re Rust. iii. 2. 17, de Ling. Lat. v. 32. pp. 147, 
148. ed. Spengel ; Plaut. Aulul. ii. 8. 3 ; Ter. 
Eun. ii. 2. 24 ; Hor. Sat. ii. 3. 229, Epist. i. 15. 
31 ; Seneca, Epist. 78.) [Forum.] From ma- 
celhm, a provision-merchant was called macel- 
larius (oi|/o7twA.t)s, KpeoiriiK-qs). (Sueton. Jul. 26. 
Vespas. 19 ; Varro, de Re Rust. iii. 2, 4.) The 
Athenians called their macellum ei's ToZtyov, just as 
they called their slave markets 6is to ifSpdiroda, 
their wine-market els rbv olvov, and other markets 
by the name of the commodities sold in them. 
(Poll. ix. 47 ; x. 19 ; Harpocr. s.v. Ae7y/j.a.) [J.Y.] 

MA'CHINAE (p.nxai'al), and O'RGANA 
(opyava). The object of this article is to give a 
brief general account of those contrivances for the 
concentration and application of force, which are 
known by the names of instruments, mechanical 
powers, machines, engines, and so forth, as they 
were in use among the Greeks and Romans, espe- 
cially in the time of Vitruvius, to whose tenth 
book the reader is referred for the details of the 
subject. 

The general, but loose, definition which Vitru- 
vius gives of a machine (x. 1. § 1), is a wooden 
structure, having the virtue of moving very great 
weights. A machina differs from an organon, in- 
asmuch as the former is more complex and produces 
greater effects of power than the latter : perhaps 
the distinction may be best expressed by translat- 
ing the terms respectively machine or engine and 
instrument. Under the latter class, besides com- 
mon tools and simple instruments, as the plough for 
example, Vitruvius appears to include the simple 
mechanical powers, which, however, when used in 
combination, as in the crane and other machines, 
become machinae. Thus Horace uses the word for 
the machines used , to launch vessels (Carm. i. 4. 2), 
which appears to have be^n effected by the joint 
force of ropes and pulleys drawing the ship, and 
a screw pushing it forwards, aided by rollers 
(cpdXayyes) beneath it. The word organon was 
also used in its modern sense of a musical instru- 
ment. [See Hydraula.] 

The Greek writers, whom Vitruvius followed, 
divided machines into three classes, the (genus) 
scanscorium or a/cpogaTucoV (respecting which see 
Vitruvius and his commentators), the spiritale or 
Trvev/xariKdv [Hydraula], and the tractorium or 
liapovhKov (or fidvavaov according to the reading 
of the old editions) for moving heavy weights. The 
information which he gives us may perhaps, how- 
ever, be exhibited better under another classifi- 
cation. 

I. Mechanical Engines. 

1. The Simple Mechanical Powers were known 
to the Greek mechanicians from a period earlier 
than can be assigned, and their theories were com- 
pletely demonstrated by Archimedes. Vitruvius 
(x. 3. s. 8) discourses of the two modes of raising 
heavy weights, by rectilinear (ev&eTav) and circidar 
(kukAwtV) motion. He explains the action of 
the lever (ferreus vectis), and its three different 
sorts, according to the position of the fulcrum 
(vwo/j.6x^iov), and some of its applications, as in the 



steelyard (trutina, statera), and the oars and rudder- 
oars of a ship ; and alludes to the principle of 
virtual velocities. The inclined plane is not spoken 
of by Vitruvius as a machina, but its properties 
as an aid in the elevation of weights are often 
referred to by him and other writers ; and in early 
times it was, doubtless, the sole means by which 
the great blocks of stone in the upper parts of 
buildings could be raised to their places. 

Under the head of circular motion, Vitruvius 
makes a passing allusion to the various forms of 
wheels and screws, plaustra, rhedae, tympana, rotae, 
cochleae, scorpiones, balistae, prela, about which see 
the respective articles. It is worth while, also, to 
notice the methods adopted by Chersiphron and his 
son Metagenes, the architects of the temple of 
Artemis at Ephesus, and by later architects, to 
convey large blocks of marble from the quarries, by 
supporting them in a cradle between wheels, or 
enclosing them in a cylindrical frame-work of 
wood (Vitruv. x. 6. s. 2) ; and also the account 
which Vitruvius gives of the mode of measuring 
the distance passed over by a carriage or a ship, 
by an instrument attached to the wheel of the 
former, or to a sort of paddle-wheel projecting from 
the side of the latter (c. 9. s. 14). What he says 
of the pulley will be more conveniently stated under 
the next head. 

2. Compound Mechanical Powers, or Machines 
for raising heavy weights (machinae tractoriae). 
Of these Vitruvius describes three principal sorts, 
all of them consisting of a proper erect frame-work 
(either three beams, or one supported by ropes) ; 
from which hang putties, the rope of which is 
worked either by a number of men, or by a wind- 
lass (sucula), or by a large drum (tympanum, afupi- 
pevcris, irepiTp6xiov) moved as a tread-wheel, only 
from within. He describes the different sort of 
pullies, according to the number of slteaves (orbi- 
culi) in each block (trochlea or rechamus), whence 
also the machine received special names, such as 
trispastos, when there were three sheaves, one in 
the lower block and two in the upper ; and penta- 
spastos, when there were five sheaves, two in the 
lower block, and three in the upper (x. 2 — 5). 

II. Military Engines. (Vitruv. x. IS — 22 ; 
Vegetius and the other writers de Re Militari ; 
Aries ; Helepolis ; Testudo ; Tormentum ; 
Turris, &c.) 

III. Theatrical Machines. [Theatrum.] 

IV. Hydraulic Engines. 

1. Conveyance and delivery of water through pipes 
and channels. [Aquaeductus ; Emissarium ; 
Fistula ; Fons.] It has been shown, under the 
articles referred to, that the ancients well knew, and 
that they applied in practice, the hydrostatic law, 
that water enclosed in a bent pipe rises to the 
same level in both arms. It also appears, from 
the work of Frontinus, that they were acquainted 
with the law of hydraulics, that the quantity of 
water delivered by an orifice in a given time de- 
pends on the size of the orifice and on the height 
of the water in the reservoir ; and also, that it is 
delivered faster through a short pipe than through 
a mere orifice of equal diameter. 

2. Machines for raising water. The ancients 
did not know enough of the laws of atmospheric 
pressure to be acquainted with the common sucking 
pump ; but they had a sort of forcing pump, which 
is described by Vitruvius (x. 12), who ascribes the 
invention to Ctesibius. For raising water a small 



MAGISTER. 



MAGISTRATUS. 



723 



height only they had the well-known screw of 
Archimedes, an instrument which, for this parti- 
cular purpose, has never been surpassed. (Vitruv. 
x. 11 ; Cochlea.) But their pumps were chiefly 
on the principle of those in which the water is 
lifted in buckets, placed either at the extremity of 
a lever, or on the rim of a wheel, or on a chain 
working between two wheels. (Vitruv. x. 9 ; 
Antlia ; Tympanum.) 

3. Madiines in which, water is the moving power. 
(Vitruv. x. 10 ; Mola.) 

4. Other applications of water, as to the mea- 
surement of time, and the production of musical 
sounds, in the clepsydra and the hytlraulic organ. 
(Vitruv. ix. 5, 6, x. 13; Horologium ; Hy- 
dra ULA.) [P.S.] 

MAENIA'NUM, signified, originally, a pro- 
jecting balcony, which was erected round the Ro- 
man forum, in order to give more accommodation 
to the spectators of the gladiatorial combats, by the 
censor, C. Maenius, B. c. 318 (Festus, s. r. p. 135, 
cd. Miiller; Isidor. Orig. xv. 3. § 11) ; and hence j 
balconies in general came to be called maeniana. 
Many allusions to such structures, and to the regu- 
lations which were found necessary to keep them 
within due bounds, arc found in the ancient ' 
writers (Cic. Acad. iv. 22 ; Non. p. 1)3. s. 65, 
MHO.; Sueton. Calig. 18; Vitruv. v. 1; Plin. ] 
//. A', xxxv. 10. s. 37; Val. Max. ix 12. §7;| 
Cod. Just. viii. 2. 20, 10. 11, xliii. 8. 2. §6,: 
L 16. 242. § 1 ; Amm. Marc, xxvii. 9, 10 ; see j 
also Ampiiitheatrum, p. 88, and Circus, p. 
286, a.) [P. S.] 

MAGADIS. [Lyra, p. 721, a. ; Musica.] 
MAGIST'ER, which contains the same root as 
mag-is and mag-ntis, was applied at Rome to per- 
sons possessing various kinds of offices, and is thus 
explained by Festus (». r. Magisterare) : — " Ma- 
gisterare, moderari. Unde magistri non solum 
doctores artium, scd ctiam pagorum, societatum, 
vicoruni, collegioruni, cquitum dicuntur ; quia 
omnes hi magis ceteris possunt." Paulus (Dig. 50. 
tit. 16. s. 5/) thus defines the word : — "Quibus 
praccipua cunt rerum incumbit, ct qui magis quam 
cetcri diligcntiam et sollicitudinem rebus, quibus 
pracsunt, dcbcnt, hi magistri appellantur.'" The 
following is a list of the principal magistri : — 
Magister Admissionlm. [Admissionales.] 
Magister Armoki m appears to have been the 
same officer as the Magistcr Militum. (Amm. Marc, 
xvi. 7, xx. 9.) 
Ma sural Adenoma, [Bovorum Kmptio.] 
Magister Biiiendi. [Symposium.] 
Magister Coi.i.egii was the president of a col- 
legium or corporation. [Collegium.] 

Magister Kpistoi.arum answered letters on 
behalf of the emperor. (Orelli, Inner. 2352.) 
Magister Kquitum. [Dktatoh, p. 407, b.] 
Magister LlBZLLORUM was an officer or secre- 
tary who read and answered petitions addressed to 
the emperors. [LlBBLLUS, 4. c] He is called in 
nn inscription " Magister Lihcllorum ct Cogni- 
tionum Sacrarum." (Orelli, /. r.) 

Magister Memoriae, nn officer whose duty it 
was to receive the decision of the emperor on nny 
subject and communicate it to the public or the 
penani concerned. (Amm. Mnrc. xv. 5, xxvii. 6.) 

Magister Mii.itum, the title of the two offi- 
cers, to whom Constantino intrusted the command 
of nil the armies of the empire. One was placed 
over the cavalry, und the other over the infantry, 



On the divisions of the empire their number was 
increased, and each of them had both cavalry and 
infantry under his command. In addition to the 
title of Magistri militum, we find them called Magis- 
tri armorum, equitum et peditum, utriusque militiae 
(Zosim. ii. 33, iv. 27 ; Vales, ad Amm. Marc. 
xvi. 7.) In the fifth century, there were in the 
Eastern empire two of these officers at court, and 
three in the provinces ; in the western empire, two 
at court, and one in Gaul. Under Justinian, a 
new magister militum was appointed for Armenia 
and Pontus. (Walter, Geschichte des Iiomisclien 
Rechts, § 342, 2d ed.) 

Magister Navis. [Exercitoria Actio.] 

Magister Officiorc.m, was an officer of high 
rank at the imperial court, who had the superin- 
tendence of all audiences with the emperor, and 
also had extensive jurisdiction over both civil and 
military officers. (Cod. 1. tit. 31 ; 12. tit. 1G ; Cod. 
Thcod. 1. tit 9 ; 6. tit. 9 ; Amm. Marc. xv. 5 ; 
xx. 2, xxii. 3 ; Cassiod. Variar. vL 6.) 

M agister Popull [Dictator.] 

Magister Scrixiorum, had the care of all the 
papers and documents belonging to the emperor. 
(Cod. 12. tit. 9 ; Spartian. Ael. Ver. 4 ; Lamprid. 
Alex.Sev. 26.) 

Magister Societatis. The equites, who 
firmed the taxes at Rome, were divided into com- 
panies or partnerships ; and he who presided in 
such a company was called Magister Societatis. 
(Cic. f'err. n. 74, ad Fam. xiii. 9, pro P/ancin, 13.) 

Magister Vicorum. Augustus divided Rome 
into certain regiones andvici, and commanded that 
the people of each vicus should choose magistri to 
manage its affairs. (Suet. Aug. 30, Tib. 76 ; Orelli, 
Inscr. 5, 8 1 3, 1 530.) From an inscription on an 
ancient stone referred to by Pitiscus {Lexicon, s. v.) 
it appears that there were four such magistri to each 
vicus. They were accustomed to exhibit the Ludi 
Compitalitii dressed in the praetexta. (Ascon. in 
Cic. Pison. p. 7, ed. Orelli.) 

MAGISTRATUS. A definition of Magistra- 
tus may be collected from I'omponius, De Origine 
Juris (Dig. 1. tit. 2). M agists t us are those "qui 
juri dicundo praesunt 11 The King was originally 
the sole Magistratus ; he had all the Potestas. On 
the expulsion of the Kings, two Consuls were an- 
nually appointed and they were Magistratus. In 
course of time other Magistratus were appointed, 
so that Pomponius enumerates as the Masistratus 
of his time " qui in civitatc jura reddebant," ten 
tribuni plebis, two consuls, eighteen praetors, and 
six acdilcs. He adds that the Praefecti Annonnc 
et Vigilum were not Magistratus. The Dictator 
was also a Magistratus ; and the Censors ; and the 
Decemviri litibus judictindis. The governors of 
Provinces with the title of Propraetor or Proconsul 
were also Magistratus. Qaiufl attributes tin- Jus 
Ediccndi to the Magistratus Populi Roman i, with- 
out any restriction ; but he says that the chief 
edictal power was possessed by the Praetor Urbanus 
and the Praetor Peregriniis, whose jurisdictio in 
the provinces was exercised by the Praesides of 
Provinces; and nlso by tin' Curule Aediles whose 
jurisdiction in the Prntincinc Popnli Roman] was 
exercised by the Quaestors of those Provinces. 

The word Magistratus contains the snme element 
as mag(ister) and mag(nus) ; and it signifies both 
the p.Tvun anil tin- "Ihie, ;t» v. sit in the phrase 
"sc magistral!! abdicare,'' which signifies to give 
up the office before the time at which it regularly 
3 A 2 



724 



MAGISTRATUS. 



MAJESTAS. 



expired. (On the abdicatio, see Rubino, Romisclie 
Staatsverfassung, p. 88 ; and Plut. Cic. 19). (Liv. 
vi. 1, xxiii. 23.) According to Festus, a magis- 
trates was one who had "judicium auspiciumque." 

According to M. Messala the augur, quoted by 
Gellius (xiii. 1 5), the Auspicia Maxima belonged 
to the Consuls, Praetors, and Censors, and the 
Minora auspicia to the other Magistratus ; accord- 
ingly the Consuls, Praetors, and Censors were 
called Majores, and they were elected at the Co- 
mitia Centuriata; the other Magistratus were called 
Minores. The Magistratus were also divided into 
Curules and those who were not Curules : the 
Magistratus Curules were the dictator, consuls, 
praetors, censors, and the curule aediles, who were 
so called, because they had the Jus Sellae Curulis. 
The magistrates were chosen only from the Patri- 
cians in the early Republic, but in course of time 
the Plebeians shared these honours, with the 
exception of that of the Interrex : the Plebeian 
Magistratus properly so called were the Plebeian 
Aediles and the Tribuni Plebis. 

The distinction of Magistratus into Majores 
who had the Imperium, and the Minores who had 
not, had a reference to Jurisdiction also. The 
former term comprised Praetors and governors of 
Provinces ; the latter, in the Republican time, 
comprised Aediles and Quaestors, and, under the 
Empire, the numerous body of Municipal Magis- 
trates. The want of the Imperium limited the 
power of the Magistratus Minores in various mat- 
ters which came under their cognizance, and the 
want of it also removed other matters entirely from 
their jurisdictio (taking the word in its general 
sense). Those matters which belonged to Juris- 
dictio in its limited sense were within the com- 
petence of the Magistratus Minores [Jurisdictio] ; 
but those matters which belong to the Imperium, 
were for that reason not within the competence of 
the Magistratus Minores. As proceeding from the 
Imperium we find enumerated the praetoriae stipu- 
lations, such as the cautio damni infecti, and 
ex novi operis mmciatione ; and also the Missio 
in possessionem, and the In integrum restitutio. 
Thus it appears that the limited jurisdictio was 
confined to the Ordo judiciorum privatorum, and 
all the proceedings Extra ordinem were based on 
the Imperium : consequently a Minor Magistratus 
could not exercise Cognitio, properly so called, and 
could not make a Decretum. This consideration 
explains the fact of two Praetors for questions as 
to fideicommissa being appointed under Claudius : 
they had to decide such matters for all Italy, 
inasmuch as such matters were not within the 
competence of the municipal magistrates. The 
jurisdiction of the municipal magistrates of Cisal- 
pine Gaul was limited in many cases to a certain 
sum of money; and this limitation was afterwards 
extended to all Italy. Added to this, these magis- 
trates had not the Imperium, which, as already 
observed, limited their Jurisdictio. 

The Magistratus Minores could take cognizance 
of matters which were not within their jurisdictio, 
by delegation from a superior Magistratus. Thus 
in the case of Damnum Infectum, inasmuch as de- 
lay might cause irreparable mischief, the Praetor 
could delegate to the Municipal Magistratus, who 
were under him, the power of requiring the Cautio. 
(Dig. 39. tit. 2. s. 4.) 

It became necessary to re-organize the admini- 
stration of Gallia Cisalpina, on its ceasing to be a 



Province ; and as the Jurisdictio was placed in the 
hands of Municipal Magistratus, who had no Im- 
perium, it was further necessary to determine what 
should be the form of procedure before these Ma- 
gistratus in all matters that were extra ordinem, 
that is, in such matters as did not belong to their 
competence because they were Magistratus Minores, 
but were specially given to them by a Lex. The 
determining of this form of procedure was the ob- 
ject of the Lex Rubria. [Lex Rubria.] (Puchta, 
Zeitschrift, x. p. 195.) 

The case of Adoption (properly so called) illus- 
trates the distinction of Magistratus into Majores 
and Minores, as founded on the possessing or not 
possessing the Imperium. (Gaius, i. 99.) This 
adoption was effected " Imperio Magistratus," as 
for instance before the Praetor at Rome : in the 
Provinciae the same thing was effected before a 
Proconsul or Legatus, both of whom therefore had 
the Imperium. The Municipal Magistratus, as 
they had not the Imperium, could not give validity 
to such an act of adoption. [G. L.] 

MAJESTAS is defined by Ulpian (Dig. 48. 
tit. 4. s. 1) to be " crimen illud quod adversus 
Populum Romanum vel adversus securitatem ejus 
committitur." He then gives various instances of 
the crime of Majestas, some of which pretty nearly 
correspond to treason in English law ; but all the 
offences included under Majestas comprehend more 
than the English treason. One of the offences in- 
cluded in Majestas was the effecting, aiding in, or 
planning the death of a magistratus Populi Ro- 
mani or of one who had Imperium or Potestas. 
Though the phrase " crimen majestatis" was used, 
the complete expression was " crimen laesae, im- 
minutae, diminutae, minutae, majestatis." 

The word Majestas consistently with its relation 
to mag (nus) signifies the magnitude or greatness 
of a thing. " Majestas," says Cicero {Part. 30) 
" est quaedam magnitudo Populi Romani ;" " Ma- 
jestas est in Imperii atque in nominis Populi Ro- 
mani dignitate." Accordingly the phrases " Ma- 
jestas Populi Romani," " Imperii Majestas " (Hor. 
Carm. iv. 15) signify the whole of that which 
constituted the Roman State ; in other words the 
sovereign power of the Roman State. The expres- 
sion " minuere majestatem " consequently signifies 
any act by which this majestas is impaired ; and 
it is thus defined by Cicero (de Invent, ii. 17), 
" Majestatem minuere est de dignitate, aut ampli- 
tudine, aut potestate Populi aut eorum quibus 
Populus potestatem dedit, aliquid derogare." (See 
Cic. ad Fam. iii. 11. " Majestatem auxisti.") 
The phrase Majestas Publica in the Digest is 
equivalent to the Majestas Populi Romani. In 
the Republican period the term Majestas Laesa or 
Minuta was most commonly applied to cases of a 
general betraying or surrendering his army to the 
enemy, exciting sedition, and generally by his bad 
conduct in administration impairing the Majestas 
of the State. (Tacit. Ann. i. 72.) 

The Laws of the Twelve Tables punished with , 
death a person who stirred up an enemy against 
Rome or surrendered a Roman citizen to an enemy. 
(Dig. 48. tit. 4. s. 3.) The Leges Majestatis seem 
to have extended the offence of Majestas gene- 
rally to all acts which impaired the Majestas 
Publica ; and several of the special provisions of 
the Lex Julia are enumerated in the passage just 
referred to. 

Like many other leges the Lex Julia was modified 



MA J EST AS. 



MAJESTAS. 



725 



by Scnatusconsulta and Imperial Constitutions ; and 
we must not conclude from the title in the Digest, 
li Ad Legem Juliam Majestatis," that all the provi- 
sions enumerated under that title were comprehended 
in the original Lex Julia. It is stated by Marcianus, 
as there cited, that it was not Majestas to repair the 
statues of the Caesar which were going to decay ; 
and a Rescript of Scverus and his son Antoninus 
Caracalla declared that if a stone was thrown and 
accidentally struck a statue of the Emperor, that 
also was not Majestas ; and they also graciously 
declared that it was not Majestas to sell the 
statues of the Caesar before they were consecrated. 
Here then is an instance under the title ad Legem 
Juliam Majestatis of the Imperial rescripts de- 
claring what was not Majestas. There is also an 
extract from Saturninus De Judiciis, who says 
that if a person melted down the statues or ima- 
gines of the Impi-rator which were already con- 
secrated, or did any similar act, he was liable to 
the penalties of the Lex Julia Majestatis. But 
even this also does not prove that this provision 
was a part of the Julia Lex, as originally passed, for 
a Lex after being amended by Scnatusconsulta or 
Imperial Constitutions still retained its name. In 
the time of Tiberius it was a matter of charge 
against a man that in selling a garden he had in- 
cluded a statue of Augustus ; which Tiberius de- 
clared to be no offence. (Tacit. Ann. i. 73.) 

The old punishment of Majestas was perpetual 
Interdiction from fire and water ; but now, says 
Paulus (5. Ii. v. 39), that is, in the later Imperial 
period, persons of low condition are thrown to 
wild beasts, or burnt alive ; persons of better con- 
dition are simply put to death. The property of 
the offender was confiscated and his memory was 
infamous. 

In the early times of the Republic every act of 
a citizen which was injurious to the State or its 
peace was called Perduellio, and the offender (per- 
duellis) was tried before the populus (populi jitdi- 
rio), and, if convicted, put to death. (Liv. ii. 41, 
vi. 20.) The earliest trial and form of procedure 
is that which is given by Livy (i. 26) ; after the 
overthrow of the kingly power the notion of Per- 
duellio and the process were in some degree 
changed. Numerous offences against the state 
were comprehended under Perduellio. For in- 
stance Cn. Fulvius(Liv. xxvi. c. 3.) was charged 
with the offence of perduellio for losing a Roman 
annv ; but in course of time, and probably after 
the passing of the Lex Porcia, though it does not 
appeal that this Lex applied to Perduellio, the 
punishment was aquae ct ignis intcrdictio. Ac- 
cording to Ciaius 44 porducllis " originally signified 
"hostis"(Dig. SO. tit. 16. s. 234) ; and thus the 
old offence of perduellio was equivalent to making 
war on the Roman State. The trial for perduellio 
( perdwllinnis jiulicium) existed to the later times 
Of the Hepublic ; but the name seems to have 

■1 It fallen into disuse, and various leges were 

passed fur the purpose of determining more accu- 
rately what should be Majestas. 

These Leges were a Lex Apuleia, probably 
pasted in the fifth consulship of Marios, the exact 
contents of which are unknown (Cic de Or. ii. 25, 
4f>), n Lex Varia II. r. !(l (Appian, Hill. Cir. i. 
37 ; Cic ISrut. 89 ; Valer. Maxim, viii. G. § 4), a 
Cornelia passed by L. Cornelius Sulla (Cic. 
>" /'>.«. 21, pro Clwnt. 35), and the Lex Julia 
already mentioned, and which continued under 



the Empire to be the fundamental enactment on 
this subject. This Lex Julia is by some attributed 
to C. Julius Caesar, and assigned to the year B. c. 
48, and this niay be the Lex referred to in the 
Digest ; some assume a second Lex Julia, under 
Augustus. That a Lex de Majestate was passed 
in Caesar's time appears from Cicero. (Philipp. 
i. 9.) 

Under the Empire the term Majestas was applied 
to the person of the reigning Caesar, and we find 
the phrases Majestas Augusta, Imperatoria, and 
Regia. It was however nothing new to apply the 
term to the Emperor, considered in some of his 
capacities, for it was applied to the magistratus 
under the Republic, as to the consul and praetor. 
(Cic. Philipp. xiii. 9, in Pisonem, 11.) Horace 
even addresses Augustus (Ep. ii. 1. 288) in the 
terms " majestas tua," but this can hardly be 
viewed otherwise than as a personal compliment, 
and not as said with reference to any of the offices 
which he held. The extension of the penalties 
to various new offences against the person of the 
Emperor belongs of course to the Imperial period. 
Augustus availed himself of the Lex for prosecut- 
ing the authors of famosi libelli (cognitionem de 
fumosis libellis, specie legis ejus, tracturit, Tacit. 
Ann. i. 72 ; Dion Cass. lvi. 27 ; Sueton. Octuv. 
55) : the proper inference from the passage of 
Tacitus is that the Leges Majestatis (for they all 
seem to be comprised under the term " Legem 
Majestatis,") did not apply to words or writings, 
for these were punishable otherwise. The pas- 
sage of Cicero (ad Fam. iii. 11) is manifestly 
corrupt, and as it stands, inconsistent with the 
context ; it cannot be taken as evidence that the 
Lex Majestatis of Sulla contained any provisions 
as to libellous words, as to which there were 
other sufficient provisions. [Injuria.] Sigonius 
has attempted to collect the capita of the Lex 
Majestatis of Sulla. Under Tiberius the offence 
of Majestas was extended to all acts and words 
which might appear to be disrespectful to the 
Princeps, as appears from various passages in Ta- 
citus (Ann. i. 73, 74, ii. 50, iii. 38, 66, 67, &c). 
The term Perduellio was still in use under the 
Empire, and seems to have been equivalent to 
Majestas at that period. 

An inquiry might be made into an act of Majes- 
tas against the Impcratnr even after the death of 
the offender ; a rule which was established (as we 
arc informed by Paulus) by M. Aurelius in the 
case of Druncianus or Dnincanius, a senator who 
had taken part in the outbreak of Cassius, and 
whose property was claimed by the fiscus after his 
death. (Perhaps the account of Capitol inus, M. 
Ant. Phil, c. 26, and of Vulcatius Gallicanus, Avi- 
dius Cassius, c. 9, is not inconsistent with the state- 
ment of Paulus : on the case of Druncianus, see 
Tillcmont, Ilistoire des Empere un , vol. ii. p. 382.) 
A constitution of S. Severus and Antoninus Cara- 
calla declared that from the time that an act of 
Majestas was committed, a man could not alienate 
his property or manumit a slave, to which the 
great (mni)nus) Antoninus | probably Caracalla is 
still meant), added that a debtor could not after 
that time lawfully make a payment to him. In 
the matter of Majestas slaves could also be ex- 
amined by torture in order to give evidence against 
their master: this provision, though comprehended 
in the Code under the title Ad Legem Juliam 
Majestatis, was perhaps not contained in the ori- 
3 a 3 



726 



MALLEUS. 



ginal law, for Tiberius sold a man's slaves to the 
actor publicus {Ann. iii. 67) in order that they 
might give evidence against their master, who was 
accused of Repetundae and also of Majestas. 
Women were admitted as evidence in a case of 
Laesa Majestas, and the case of Fulvia is cited as 
an instance. (Dig. 40. tit. 4 ; Cod. ix. tit. 8.) 

As to the phrase Patria Majestas, see Patria 
Potestas. (The history of Majestas is given 
with great minuteness by Rein, Das Criminalrecht 
der Romer. A brief view of the subject is very 
difficult to give.) [G. L.] 

MAJO'RES. [Infans.] 

MA'LLEUS, dim. MALLE'OLUS (pWrijp : 
a<pvpa, dim. Gtyvpiov), a hammer, a mallet, was 
used much for the same purposes in ancient as in 
modern times. When several men were striking 
with their hammers on the same anvil, it was a 
matter of necessity that they should strike in time, 
and Virgil accordingly says of the Cyclopes, "Inter 
se brachia tollunt in numerum.'''' {Georg. iv. 1 74 ; 
Am. viii. 45'2.) The scene which he describes is 
represented in the annexed woodcut, taken from an 
ancient bas-relief, in which Vulcan, Brontes, and 
Steropes, are seen forging the metal, while the 
third Cyclops, Pyracmon, blows the bellows. (Aen. 
viii. 425.) Beside the anvil -stand [Incus] is seen 
the vessel of water, in which the hot iron or bronze 
was immersed. (Ib. v. 450, 451.) 




But besides the employment of the hammer 
upon the anvil for making all ordinary utensils, 
the smith (x^A/ceus) wrought with this instrument 
figures called epya ccpvpriXara (or dAo<r<pvpT]Ta, 
Brunck, Anal. ii. 222), which were either small 
and fine, some of their parts being beaten as thin 
as paper and being in very high relief, as in the 
bronzes of Siris [Lgrica], or of colossal propor- 
tions, being composed of separate plates, rivetted 
together : of this the most remarkable example 
was the statue of the sun of wrought bronze (o<pv- 
p-f]\aros ko\ogo6s, Theocrit xxii. 47 ; paiarripo- 
Koiria, Philo, de 7 Spectac. 4. p. 14, ed. Orell.), 
seventy cubits high, which was erected in Rhodes. 
Another remarkable production of the same kind 
was the golden statue of Jupiter (Strabo, viii. 6. 
20 ; Plat. Phaedr. p. 232, Heindorf), which was 
erected at Olympia by the sons of Cypselus. 

By other artificers the hammer was used in con- 
junction with the chisel [Dolabra], as by the 
carpenter (pulsans malleus, Coripp. de Laud. Justini, 
iv. 47 ; woodcut, p. 98) and the sculptor. 

The terra malleolus denoted a hammer, the 
transverse head of which was formed for holding 



MANCIPII CAUSA. 

pitch and tow ; which, having been set on fire, was 
projected slowly, so that it might not be extin- 
guished during its flight, upon houses and other 
buildings in order to set them on fire ; and which 
was therefore commonly used in sieges together 
with torches and falaricae. (Liv. xxxviii. 6 ; Non. 
Marcellus, p. 556, ed. Lips ; Festus, s. v. ; Cic. 
pro Mil. 24 ; Veget. de Re Mil. iv. 18 ; Vitruv. x. 
1 6. 9. ed. Schneider.^ 
MALUS. [Navis.] 
MALUS OCULUS. [Fascinum.] 
MANCEPS has the same relation to Mancipium 
that Auspex has to Auspicium. It is properly qui 
manu capit. But the word has several special 
significations. Mancipes were they who bid at the 
public lettings of the censors for the purpose of 
farming any part of the public property. (Festus, 
s. v. Manceps ; Manceps dicitur qui quid a populo 
emit conducitve, quia, &c. ; Cic. pro Plane, c. 26, 
ed. Wunder.) Sometimes the chief of the Publi- 
cani generally are meant by this term, as they were 
no doubt the bidders and gave the security, and 
then they shared the undertaking with others or 
underlet it. (Ascon. in Div. Verr. c. 10.) The 
Mancipes would accordingly have distinctive names 
according to the kind of revenue which they took 
on lease, as Decumani, Portitores, Pecuarii. Sueto- 
nius ( Vesp. 1, and the note in Burmann's edition) 
says that the father of Petro was a manceps of 
labourers (operae) who went yearly from Umbria 
to Sabinum to cultivate the land ; that is, he hired 
them from their masters and paid so much for the 
use of them ; as is now often done in slave coun- 
tries. The terms Mancipes Thermarum et Sali- 
narum occur in the Theodosian Code (14. tit. 5. 
s. 3). [G. L.] 

MANCIPA'TIO. [Mancipium.] 
MA'NCIPI RES. [Dominium.] 
MANCI'PII CAUSA. The three expressions 
by which the Romans indicated the status in 
which a free person might be with respect to an- 
other, were In Potestate, In Manu, and In Man- 
cipio ejus esse. (Gaius, i. 49.) In consequence 
of his Potestas a father could mancipate his child 
to another person, for in the old times of the re- 
public his Patria Potestas was hardly distinguished 
from property. A husband had the same power 
over a wife In Manu, for she was " filiae loco." 
Accordingly a child in Potestate and a wife in 
Manu were properly Res Mancipi ; and they were 
said to be In Mancipio. Still such persons, when 
mancipated, were not exactly in the relation of 
slaves to the persons to whom they were mancipated ; 
but they occupied a status between free persons and 
slaves, which was expressed by the words Mancipii 
causa. Such persons as were in Mancipii causa 
were not Sui juris (Gaius, i. 48 — 50) ; and all that 
they acquired, was acquired for the persons to whom 
they were mancipated. But the)" differed from 
slaves in not being possessed ; they might also have 
an injuriarum actio for ill-treatment from those who 
had them In Mancipio, and they did not lose the 
rights of Ingenui, but these rights were only sus- 
pended. As to contracts, the person with whom 
they contracted might obtain the sale of such pro- 
perty (bona) as would have been theirs, if they had 
not been in mancipii causa ; as Gaius expresses it 
(iv. 80). Persons In mancipii causa might he 
manumitted in the same way as slaves, and the 
limitations of the Lex Aelia Sentia and Furia Cani- 
nia did not apply to such manumissions. The per- 



MANCIPIUM. 



MANCIPIUM. 



727 



son who effected the manumission thereby acquired 
a kind of patronal right, which was of some im- 
portance in the matters of hereditas and tutela. 
(Savigny, System, &c. i. 360.) 

The strict practice of Mancipatio, as applied to 
children, had fallen into disuse in the time of Gaius, 
and probably still earlier, and it had then become 
a mere legal form by which the Patria Potestas 
was dissolved [Emancipated] ; except a person 
was mancipated ex noxali causa. In case of delicts 
by the son, the father could mancipatehim (ex noxali 
causa mancipio dare), and one act of mancipatio 
was considered sufficient (Gaius, iv. 75 — 78 ; 
Liv. viii. 28 ; but the son had a right of action for 
recovering his freedom, when he had worked out 
the amount of the damage. ( Mos. et Rom. Leg. Coll. 
iL 3.) Justinian put an end to the noxae datio 
in the case of children, which indeed before his 
time had fallen into disuse. (Inst. 4. tit. 8. s. 7.) 

In his time, Gaius remarks (i. 141), that men 
were not kept in mancipii causa (in eo jure) for 
anv long time, the form of mancipatio being only 
used (except in the case of a noxalis causa) for the 
purpose of emancipation. But questions of law 
still arose out of this form ; for the three mancipa- 
tiones, which were necessary in the case of a son, 
might not always have been observed. Accord- 
ingly a child begotten by a son who had been 
twice mancipated, but born after the third manci- 
patio of his father, was still in the power of his 
grandfather. A child begotten by a son who was 
in his third mancipatio, came into his father's power 
if he was manumitted after that mancipation ; but 
if the father died in mancipio, the child became 
sui juris. (Gaius, i. 135.) 

Coemptio, by which a woman came in manum, 
was effected by mancipatio, and the coemptio might 
be either matrimonii causa, or fiduciae causa. The 
fiduciae causa coemptio was a ceremony which was 
necessary when a woman wished to change her 
tutores, and also when she wished to make a will ; 
but a senatusconsultum of Hadrian dispensed with 
the ceremony in the latter case. (Gaius, i. 115, &c.) 

Dion Cassius (xlviii. 44) says that Tiberius Nero 
transferred or gave (If c'Svkc) his wife to Octavianus, 
as a father would do ; and the transfer of his wife 
Miircia by the younger Cato to Quintus Hortensius 
( Pint Cat. Min. c. 25) is a well-known story. If in 
both these cases the wife was In Manu, she must 
have been mancipated. Mancipatio in such case 
would be equivalent to a divorce ; at any rate, in 
both the cases which have been mentioned, the 
second marriage must have been pp-ccded by a 
consent to dissolve the marriage, which would be 
sufficient if the wife was not in manu, and would 
require the form of mancipatio if she was in manu. 
(Gaius, i. 137.) 

The situation of a debtor who was adjudicated 
to his creditor resembled that of a person who was 
In mancipii causa. [G. L.] 

MANCI PI I'M. The etymology of this word 
is the same as that of the word Mancipatio, of 
which Gaius (i. 121) says, "Mancipatio dicitur 
quia manu res capitur." The term Mancipium 
tln n is derived from the act of corporeal appro- 
bation of a thing ; and this corporeal apprehen- 
sion is with reference to the transfer of the owner- 
ship of a thing. It was not a simple corporeal 
apprehension, but one which was accompanied with 
I'Tt.iin forms described by Gaius (i. lift): — 
" Mancipatio is effected in the presence of n"t h-ss 



than five witnesses, who must be Roman citizens 
and of the age of puberty (puberes), and also in 
the presence of another person of the same condition, 
who holds a pair of brazen scales and hence is 
called Libripens. The purchas r (qui mancipio ac- 
cipit), taking hold of the thing, savs : I affirm that 
this slave (homo) is mine Ex Jure Quiritium, and 
he is purchased by me with this piece of money 
(aes) and brazen scales. He then strikes the scales 
with the piece of money, and gives it to the seller 
as a symbol of the price (quasi pretii loco)." The 
same account of the matter is given more briefly by 
L'lpian (Fray, xix.). This mode of transfer ap- 
plied to all Res Mancipi whether free persons or 
slaves, animals or lands. Lands (pracdia) might 
be thus transferred, though the parties to the 
mancipatio were not on the lands ; but all other 
things, which were objects of mancipatio, were only 
transferable in the presence of the parties, because 
corporeal apprehension was a necessary part of the 
ceremony. The purchaser or person to whom the 
mancipatio was made did not acquire the possession 
of the mancipatio ; for the acquisition of possession 
was a separate act (Gaius, iv. 131). Gaius calls 
Mancipatio " imaginaria quaedam venditio," for 
though the law required this form for the transfer 
of the Quiritarian ownership, the real contract of 
sale consisted in the agreement of the parties as to 
the price. The party who transferred the owner- 
ship of a thing pursuant to these forms was said 
" mancipio dare ; " he who thus acquired the 
ownership was said "mancipio accipere." (Plaut. 
Tritium, ii. 4. 1 8.) The verb " mancipare " is 
sometimes used as equivalent to " mancipio dare." 
Horace (Ep. ii. 2. 159) uses the phrase "mancipat 
usus," which is not an unreasonable licence : he 
means to say that " usus * or usucapion has the 
same effect as mancipatio, which is true ; but usus 
only had its effect in the case of Res Mancipi, 
where there had heeo no Mancipatio or In Jure 
Cessio. Both Mancipatio and In Jure Cessio 
existed before the Twelve Tables (Frag. Vat. 50). 

Mancipatio is used by Gaius to express the act 
of transfer, but in Cicero the word Mancipium is 
used in this sense. (Cic. de Of. iii. 16, de Oral. 
i. 39.) 

The division of things into Res Mancipi and 
Nec Mancipi, had reference to the formalities re- 
quisite to be observed in the transfer of ownership. 
It is stated in the article Dominium, what things 
were things Mancipi. To this list may be added 
children of Roman parents, who were according to 
the old law Res Mancipi. [Mancipii Caisa.] 
The Quiritarian ownership of Res Mancipi could 
only be iniimdiatily transferred by Mancipatio or 
In Jure Cessio ; transfi-r by tradition only made 
such things In bonis. The Quiritarian ownership 
of Res nec mancipi was acquired by tradition only, 
when there was a justa causa. Quiritarian owner- 
ship is called mancipium by the earlier Roman 
writers : the word dominium is first used by later 
writers, as for instance Gaius. Mancipatio could 
only take place between Roman citizens or those 
who had the Commercium ; which indeed appears 
from the words used bv the purchaser. (Gaius, i. 
119; Din Frag. xix. 3.) 

The only word then by which this formal transfer 
of ownership was made was Mancipium, which 
occurs in the Twelve Table*. (Dirkscn, Uebcrsicltt, 
Alc. p. 395.) The word nexum or nexus is also 
sometimes used in the same sense. Cicero (Top. 
3 a 4 



728 MANDATI ACTIO. 



MANDATUM. 



5) defines " Abalienatio " to be " ejus rei quae 
mancipi est ;" and this is effected either by "tra- 
ditio alteri nexu aut in jure cessio inter quos ea 
jure civili fieri possunt." According to this defini- 
tion " Abalienatio " is of a Res Mancipi, a class of 
things determinate ; and the mode of transfer is 
either by " traditio nexu " or by " in jure cessio." 
These two modes correspond respectively to the 
" mancipatio " and " in jure cessio " of Gaius (ii. 
41), and accordingly mancipatio or the older term 
mancipium is equivalent to " traditio nexu : " in 
other words mancipium was a nexus or nexum. 
Cicero (De Harusp. respons. c. 7) uses both words 
in the same sentence, where he speaks of various 
titles to property, and among them he mentions 
the Jus mancipii and Jus nexi. He may mean 
here to speak of the Jus mancipii in its special 
sense as contrasted with the Jus nexi which had a 
wider meaning ; in another instance he uses both 
words to express one thing. (Ad Fam. iv. 30.) Ac- 
cording to Aelius Gallus, everything was " nexum * 
" quodcunque per aes et libram geritur ; " and as 
mancipatio was effected per aes et libram, it was 
consequently a nexum. The form of mancipatio 
by the aes and libra continued probably till Jus- 
tinian abolished the distinction between Res Man- 
cipi and Res Nec Mancipi. It is alluded to by 
Horace (Ep. ii. 2. 158), and the libra, says Pliny 
(xxxiii. 3), is still used in such forms of transfer. 

When things were transferred by mancipatio 
under a contract of sale, the vendor was bound to 
warranty in double of the amount of the thing sold. 
(Paul. S. R. ii. s. 16.) A vendor therefore who 
had a doubtful title would not sell by mancipium, 
but would merely transfer by delivery, and leave 
the purchaser to obtain the Quiritarian ownership 
of the thing by usucapion. (Plaut. Cure. iv. 2. 9, 
Persy, iv. 3. 55.) Accordingly Varro observes 
(De Re Rustica, ii. 10) that if a slave was not 
transferred by mancipium, the seller entered into a 
stipulatio dupli to be enforced by the buyer in the 
case of eviction ; when the transfer was by manci- 
pium, this stipulation was not necessary. The 
terms of the contract were called Lex Mancipii, 
but it is not necessary to infer from the passage of 
Cicero (De Or. i. 39), that the Lex or terms con- 
tained the penalty, but merely that it contained 
what the seller warranted. (See Pro Murena, c. 2.) 

Astotheapplication of Mancipatio to Testaments, 
see Testamentum. 

It appears from what has been said that manci- 
pium may be used as equivalent to complete owner- 
ship, and may thus be opposed to usus as in a pas- 
sage of Lucretius that has been often quoted (iii. 
985), and to Fructus (Cic. ad Fam. vii. 29, 30). 
Sometimes the word mancipium signifies a slave, 
as being one of the Res mancipi : this is probably 
the sense of the word in Cicero (Top. 5) and 
certainly in Horace (Ep. i. 6. 39). Sometimes 
mancipia is used generally for Res mancipi (Ulp. 
tit. xi. 27), unless Rem mancipi is the right read- 
ing in that passage. Mancipation no longer ex- 
isted in the code of Justinian, who took away all 
distinction between Res Mancipi and Nec Man- 
cipi. The ownership of all corporeal things was 
made transferable by Traditio with a justa causa. 

The subject of Mancipium and Mancipatio is 
discussed by Com. Van Bynkershoek, Opusculum 
de Rebus Mancipi et Nec Mancipi ; and Puchta, 
Inst. ii. § 238. [G. L.] 

MANDA'TI ACTIO. [Mandatum.] 



MANDA'TUM. It is a contract of mandatum 
when one person commissions another to do some- 
thing without reward, and that other person under- 
takes to do it : and generally it may be stated that 
whenever a man commissions another to do some- 
thing without pay, which, if the thing were to be 
done for pay (merces), would make the transaction 
a contract of locatio and conductio, the contract of 
mandatum exists ; as if a man gives clothes to a 
fullo to be furbished up and cleaned, or to a tailor 
(sarcinator) to mend. The person who gave the 
commission was the mandans or mandator : he who 
received it, was the mandatarius. The mandatum 
might be either on the sole account of the man- 
dator, or on another person's account, or on the 
account of the mandator and another person, or on 
account of the mandator and mandatarius or on the 
account of the mandatarius and another person. 
But there could be no mandatum on the account 
(gratia) of the mandatarius only ; as if a man 
were to advise another to put his money out to in- 
terest, and it were lost, the loser would have no 
mandati actio against his adviser. If the advice 
were to lend the money to Titius, and the loan 
had the like result, it was a question whether this 
was a case of mandatum ; but the opinion of Sa- 
binus prevailed, that it was, and the mandant thus 
became security for Titius. It was not mandatum 
if the thing was contra bonos mores, or in other 
words, if the object of the mandatum was an illegal 
act. A mandatum might be general or special ; 
and the mandatarius was bound to keep within 
the limits of the mandatum. The mandator had 
an utilis actio against such persons as the mandata- 
rius contracted with ; and such persons had the 
like action against the mandator ; and a directa 
actio against the mandatarius. The mandator and 
mandatarius had also respectively a directa actio 
against one another in respect of the mandatum : 
the actio of the mandatarius might be for in- 
demnity generally in respect of what he had done 
bona fide. If the mandatarius exceeded his com- 
mission, he had no action against the mandator ; 
but the mandator in such case had an action for 
the amount of damage sustained by the non-execu- 
tion of the mandatum, provided it could have been 
executed. The mandatum might be recalled by 
the mandans, or renounced by the mandatarius, 
" dum adhuc integra res sit," that is, no loss must 
accrue to either party in consequence of the contract 
being rescinded. The contract was dissolved by 
the death of either party ; but if the mandatarius 
executed the mandatum after the death of the 
mandator, in ignorance of his death, he had his 
action against the heres, which was allowed " utili- 
tatis causa." According to Cicero a mandati judi- 
cium was " non minus turpe quam furti " (Pro 
Rose. Amer. c. 38) ; which however would ob- 
viously depend on circumstances. [Inpamia.] 

Mandatum is sometimes used in the sense of a 
command from a superior to an inferior. Under 
the empire the Mandata Principum were the com- 
mands and instructions given to governors of pro- 
vinces and others. (See the letter of Plinius to 
Trajanus, and the emperor's answer, Plin. Ep. x. 
Ill, 112.) Frontinus (De Aquaeduct.) classes the 
Mandata Principum with Lex and Senatuscon- 
sulta. (See Puchta, Inst. i. 110.) 

(Gaius, iii. 155—162, iv. 83, 84 ; Inst. 3. 
tit. 26 ; Dig. 17. tit. 1 ; Cod. 4. tit. 35 ; Vangerow, 
Pandekten, &c. iii. 469.) [G. L.] 



MANSIO. 



MANSIO. 



729 



MANDRAE. [Latrunculi.] 

MANDYAS (ftnvBias). [Lacersa.] 

MANES. See Diet, of Greek and Rom. Bio- 
graphy and Mythology. 

MANGONES. [Servus.] 

MA'NICA, a sleeve. Besides the use of sleeves 
Bewed to the tunic, which, when so manufactured, 
was called chiridota or manicata tuniea (Curt. iii. 
7. p. 12, ed. Zumpt), sleeves were also worn as a 
separate part of the dress. Palladius (de Re Rust. 
i. 43) mentions the propriety of providing ocreas 
vianicasque de peltibus, i. e. leggins and sleeves 
made of hides, as useful both to the huntsman and 
to the agricultural labourer. The Roman gladiators 
wore, together with greaves, a sleeve of an appro- 
priate kind on the right arm and hand (Juv. vi. 
255), as is exhibited in the woodcuts at p. 576. 

These parts of dress arc mentioned together 
even as early as the Homeric age (see Od. xxiv. 
228, 229). In this passage the manicae (x^'P'Sei) 
seem to be mittens, worn on the hands to protect 
then from briars and thorns : and Eustathius, in 
his commentary on the passage, distinguishes be- 
tween simple mittens* such as our labourers use in 
hedging, and gloves, which he calls x (l P^ (s 
rvhwrai (p. 1960. init.). 

Gloves with fingers (digitalia, Varro, de Re R ust. 
i. 55) were worn among the Romans for the per- 
formance of certain manual operations. Pliny the 
younger refers also to the use of manicae in winter 
to protect the hands from cold (Epist. iii. 5). 
Those used by the Persians were probably made 
of fur, perhaps resembling muffs : the Persians also 
wore gloves in winter (5<ucTi/A.7j0par, Xen. Cyrop. 
viii. 3. § 17). In an enumeration of the instru- 
ments of torture used in the fourth century of the 
Christian era we observe ** the glove " (Syncs. 
Epist. 58) ; but its construction or material is not 
described. 

Handcuffs were called manicae. ( Virg. Ccorg. iv. 
439, Aen. ii. 146 ; Plaut. Attn, ii. 2. 38, Capt. 
iii. 5. 1, Most. v. 1. 17 ; Non. Marcellus, s. v. 
nfameae.) [J. Y.] 

MAM'PULUS; MANIPULATES; MA- 
NIIM.LA'KII. [Kx ERcnTs, p. 51)0, b.] 

MA'NSIO (Oroya's), a post-station at the end 
of a day's journey. The great roads, which were 
constructed first by the kings of Persia and after- 
wards by the Romans, were provided, at intervals 
corresponding to the length of a day's journey, with 
establishments of the same kind with the khans 
or caravanscras which are still found in the East. 
There were 1 1 1 such stations on the road from 
Sardes to Su-a (Herod, v. 5J, 53, \i. 118), their 
average distance from one another being something 
less than 20 English miles. The khan, erected at 
the station for the accommodation of travellers, is 
called by Herodotus KOTaAuiris and KaTceytiryrj. 
To stop for the night was KaraAvfii/. (Xen. Anah. 
i. 8 ; Aelian, V. II. i. 32.) As the ancient roads 
made by the kings of Persia arc still followed to a 
considerable extent (Ileeren, Ideen, vol. i. pL ii. 
pp. 1 93 — 203, 7 1 3 — 720), so also there is reason to 
believe that the modern khan, which is a square 
building, enclosing a large open court, surrounded 
by lalconios with a series of doors entering into 
plain unfurnished apartments, and having a foun- 
tain in the centre of the court, has been copied by 
uninterrupted custom from the Pernio kotoAi/itis, 
and that, whether on occasion of the arrival of 
armies or of caravans, they have always served to 



afford a shelter during the night both to man and 
beast 

The Latin term mansio is derived from manere, 
signifying to pass the night at a place in travelling. 
On the great Roman roads the mansiones were at 
the same distance from one another as on those of 
the Persian empire. They were originally called 
contra, being probably mere places of encampment 
formed by making earthen entrenchments. In 
process of time they included, not only barracks 
and magazines of provisions (horrca) for the troops, 
but commodious buildings adapted for the reception 
of travellers of all ranks, and even of the emperor 
himself, if he should have occasion to visit ihcm. 
At those stations the cisiarii kept gigs for hire and 
for conveying government despatches. [ClSIUH ; 
Essedi'.m . | The mansio was under the superin- 
tendence of an officer called mansionarius. 

Besides the post-stations at the end of each 
day's journey, there were on the Roman military 
ways others at convenient intervals, which were 
used merely to change horses or to take refresh- 
ment, and which were called mutaiiones (aWayal). 
There were four or five mutationes to one mansio. 
The Rinerarium a Burdigula Ilkrusalcm usrpie, 
which is a road-book drawn up about the time of 
Constantine, mentions in order the mansiones from 
Bourdeaux to Jerusalem with the intervening 
mutationes, and other more considerable places, 
which are called either civitatcs, vici, or casteUa. 
The number of leagues (leugae) or of miles between 
one place and another is also set down. [J. Y.] 

MANTE'LE (xe<p<W KT P 0,/ i x ( 'P eK l la y f ^ 0V ), a 
napkin. The circumstance, that forks were not 
invented in ancient times, gave occasion to the use 
of napkins at meals to wipe the fingers (Xen. Cyrop. 
L 3. §51); also when the meal was finished, and 
even before it commenced, an apparatus was car- 
ried round for washing the hands. A basin, called 
in Latin malluvium (Festus, s. v.), and in Greek 
X*pvity, x^P vl ^ ov i °r X ( 'P^ l/l '' rT P'"'i was held under 
the hands to receive the water, which was poured 
upon them out of a ewer (urceolus). Thus Homer 
describes the practice, and according to the ac- 
count of a recent traveller, it continues unchanged 
in the countries to which his description referred. 
(Fellow's Journal, 1838, p. 153.) The boy or 
slave who poured out the water, also held the 
napkin or towel for wiping the hands dry. The 
word mappa, said to be of Carthaginian origin 
(Quintil. i. 5. § 57), denoted a smaller kind of 
napkin, or a handkerchief, which the guests car- 
ried with them to table. (Hor. .Sat. ii. 4. 81, ii. 
8. 63.) The mantele, as it was larger than the 
mapfja, was sometimes used as a table-cloth. 
(Martial, xii. 29, xiv. 138.) 

The napkins thus used at table were commonly 
made of coarse unbleached linen (wfio\tv(f. Allien, 
ix. 79). Sometimes, however, they were of fine 
linen (4KTptunara Aauirpa (rii/Sovv^ri, Philoxenu. 
ap. Allien, ix. 77). Sometimes they were woollen 
with a soft and even nap (towns mantrlia rillis, 
Y:r_". (,'mrg. iv. :;77. .1". i. 7'i2). Those made 
of Asbestos must have been rare. The Unmans 
in the time of the emperors used linen napkins 
embroidered or interwoven with gold (Lamprid. 
Ililiinjah. - J7, Al. .*> r< rw, 37, I'M, and the traveller 
already quoted informs us that this luxury still 
continues in the Ea*L Napkins were also worn 
by women as a head-dress, in which case they 
were of fine materials and gay colours. (Athen. ix. 



730 MANUMISSIO. 



MANUMISSIO. 



79.) These were no doubt put on in a variety of 
elegant ways, resembling those which are in use 
among the females of Italy, Greece, and Asia 
Minor, at the present day. 

MANTIKE (MafTi/ci) [Divinatio.] 

MANU'BIAE. [Spolia.] 

MANUM, CONVENTIO IN. [Matri- 

MONIUM.] 

MAN UMI'SSIO was the form by which (Saves 
and persons In Mancipii causa were released from 
those conditions respectively. 

There were three modes of effecting a Justa et 
Legitima Manumissio, namely, Vindicta, Census, 
and Testamentum, which are enumerated both by 
Gaius and Ulpian {Frag. i. ) as existing in their 
time. (Compare Cic. Top. 2, and Plautus, Cas. ii. 
8. 68.) Of these the Manumissio by Vindicta is 
probably the oldest, and perhaps was once the only 
mode of manumission. It is mentioned by Livy 
as in use at an early period (ii. 5), and indeed he 
states that some persons refer the origin of the 
Vindicta to the event there related, and derive its 
name from Vindicius ; the latter part, at least, of 
the supposition is of no value. 

The ceremony of the Manumissio by the Vin- 
dicta was as follows: — The master brought his 
slave before the magistratus, and stated the grounds 
(causa) of the intended manumission. The lictor 
of the magistratus laid a rod (festuca) on the head 
of the slave, accompanied with certain formal words, 
in which he declared that he was a free man ex 
Jure Quiritium, that is, " vindicavitinlibertatem." 
The master in the meantime held the slave, and 
after he had pronounced the words " hunc ho- 
minem liberum volo," he turned him round (me- 
mento turbinis exit Marcus Dama, Persius, Sat. v. 
78) and let him go (emisit e manu, or misit manu, 
Plaut. Capt. ii. 3. 48), whence the general name of 
the act of manumission. The magistratus then 
declared him to be free, in reference to which 
Cicero (ad Att. vii. 2) seems to use the word 
"addicere." The word Vindicta itself, which is 
properly the res vindicata, is used for festuca by 
Horace (Sat. ii. 7. 76). Plautus (Mil. Glor. iv. 1. 
15) uses festuca. 

It' seems highly probable that this form of Manu- 
missio was framed after the analogy of the In jure 
vindicationes (Gaius, iv. 16) ; and that the lictor 
in the case of manumission represented the opposite 
claimant in the vindicatio. (Unterholzner, Von 
den formen der Manumissio per Vindictam und 
Emancipation Zcitschrift, vol. ii. p. 139.) 

As for the explanation of the word Vindicta see 
Vindiciae and Vindicatio. 

The Manumissio by the Census is thus briefly 
described by Ulpian : " Slaves were formerly 
manumitted by census, when at the lustral census 
(lustrali censu) at Kome they gave in their census 
(some read nomen instead of census) at the bidding 
of their masters." Persons In mancipio might also 
obtain their manumission in this way. (Gaius, i. 
140.) The slave must of course have had a suffi- 
cient Peculium, or the master must have given him 
property. 

In the absence of decisive testimony as to the 
origin of these two modes of manumissio, modern 
writers indulge themselves in a variety of conjec- 
tures. It may be true that originally the manu- 
mission by Vindicta only gave libertas and not 
civitas ; but this opinion is not probable. It may 
easily be allowed that in the earliest period the 



civitas could only be conferred by the sovereign 
power, and that therefore there could be no effec- 
tual manumission except by the same power. But 
the form of the Vindicta itself supposes, not that 
the person manumitted was a slave, but that he 
was a free person, against whose freedom his 
master made a claim. The proceeding before the 
magistratus was in form an assertion of the slave's 
freedom (manu asserere liberali causa, Plaut. Poen. 
iv. 2. 83, &c), to which the owner made no de- 
fence, but he let him go as a free man. The 
proceeding then resembles the In Jure Cessio, 
and was in fact a fictitious suit in which freedom 
(libertas) was the matter in issue. It followed as 
a consequence of the fiction, that when the magis- 
tratus pronounced in favour of freedom Ex jure 
Quiritium', there could be no dispute about the 
Civitas. 

In the case of the Census the slave was regis- 
tered as a citizen with his master's consent. The 
assumption that the Vindicta must have originally 
preceded the Census, for which there is no evi- 
dence at all, is inconsistent with the nature of the 
proceeding, which was a registration of the slave, 
with his master's consent, as a citizen. A question 
might arise whether he should be considered free 
immediately on being entered on the censor's roll, 
or not until the lustrum was celebrated (Cic. de Or. 
i. 40) ; and this was a matter of some importance, 
for his acquisitions were only his own from the 
time when he became a free man. 

The law of the Twelve Tables confirmed free- 
dom which was given by will (testamentum). Free- 
dom (libertas) might be given either directo, that 
is, as a legacy, or by way of fideicommissum. The 
slave who was made free directo, was called orcinus 
libertus (or horcinus, as in Ulp. Frag.), for the 
same reason perhaps that certain senators were 
called Orcini. (Sueton. Octav. 35.) He who re- 
ceived his libertas by way of fideicommissum, was 
not the libertus of the testator, but of the person 
who was requested to manumit him (manumissor) : 
if the heres, who was requested to manumit, re- 
fused, he might be compelled to manumit on appli- 
cation being made to the proper authority. Liber- 
tas might be given by fideicommissum to a slave of 
the testator, of his heres, or of his legatee, and also 
to the slave of any other person (extraneus). In 
case of libertas being thus given to the slave of 
any other person, the gift of libertas was extin- 
guished, if the owner would not sell the slave at a 
fair price. A slave who was made conditionally 
free by testament, was called Statu liber, and he 
was the slave of the heres until the condition was 
fulfilled. If a Statu liber was sold by the heres, 
or if the ownership of him was acquired by usu- 
capion, he had still the benefit of the condition : this 
provision was contained in the Law of the Twelve 
Tables. If a slave was made free and heres by 
the testator's will, on the death of the testator he 
became both free and heres, whether he wished it 
or not. (Gaius, ii. 153 ; Ulp. Frag. xxii. 11.) 
[Heres.] 

A manumission by adoption is spoken of, but no- 
thing is known of it. (Gell. v. 19 ; Inst. 1. tit. 11. 
s. 12.) 

The Lex Aelia Sentia laid various restrictions on 
manumission [Lex Aelia Sentia], particularly as 
to slaves under thirty years of age. The ceremony 
of manumitting slaves above thirty years of age had 
become very simnle in the time of Gaius (i. 20) : it 



MANUMISSIO. 



MANUS INJECTIO. 731 



might be in the public road (in transitu), as when 
the praetor or proconsul was going to the bath or 
the theatre. It was not the place which determined 
the validity of such an act, but it was the cir- 
cumstance of its being done before a competent 
authority. 

The Lex Furia or Fusia Caninia fixed limits to 
the number of slaves who could be manumitted by 
wilL The number allowed was a half, one third, 
one fourth, and one fifth of the whole number that 
the testator possessed, according to a scale fixed by 
the lex. As its provisions only applied to cases 
where a man had more than two slaves, the owner 
of one slave or of two slaves was not affected by 
this lex. It also provided that the slaves to whom 
freedom was given, should be named. This lex 
only applied to manumission by testament. It 
was passed about a.d.7, and several senatuscon- 
sulta were made to prevent evasions of it. (Sueton. 
Octac. 40 ; Gaius, i. 42 — 16.) This lex was re- 
pealed by Justinian. (Cod. 5. tit. 3. De lege pus. 
Can. toltenda.) 

A form of manumission " inter amices " is al- 
luded to by Gaius. This was in fact no legal 
manumission, but it was a mere expression of the 
master's wish, which would have been sufficient in 
the absence of all positive law. This might be 
done by inviting the slave to table, writing him a 
letter, or in any other less formal way. It is 
stated that originally such a gift of freedom could 
be recalled, as to which there can be no doubt, as 
it was not legal freedom ; but ultimately the prae- 
tor took persons who had been made free in this 
manner under his protection, and the Lex Junia 
Norbana gave them the status called Latinitas. 
[Lex Junia Norbana ; Latinl] 

A Manumissio sacrorum causa is sometimes 
mentioned as a kind of manumission, whereas the 
words Sacrorum causa point rather to the grounds 
of the manumission : the form might be the usual 
form. (Festus, s.v. Afanumitti, Puri; Savigny, 
Zeitschrift, vol. iii. p. 402.) 

Besides the due observance of the legal forms, 
it necessary in order to effect a complete manu- 
mission that the manumissor should have the Qui- 
ritarian ownership of the slave. If the slave was 
merely In bonis, he only became a Latinus by 
manumission. A woman in lutein, and a pupillus 
or pupilla could not manumit. If several persons 
were joint owners (tneii) of a slave, and one of them 
manumitted the slave in such form as would have 
effected complete manumission, if the slave had 
been the sole property of the manumissor, such 
manumissor lost his share in the slave which ac- 
crued to the other joint owner or joint owners. 
Justinian enacted that if only one joint owner was 
willing to manumit a slave, the others might be 
compelled to manumit on receiving the price fixed 
by law for their shares. If one person had the 
MMfroetai and another the property of a slave, 
and the slave was manumitted by him who had 
the property, he did not become free till the usus- 
fructiu had expired : in the meantime, however, he 
had no legal owner (domimu). 

The act of manumission established the relation 
of Patronus and Libertus between the manumissor 
and the manumitted. (Liukuti n.] When manu- 
mittrd by a citizen, the Libertus took the praeno 
DC!] and the gentile name of the manumissor, and 
became in a sense a member of the Gens of his 
patron. To these two names he added some other 



name as a cognomen, either some name by which 
he was previously known, or some name assumed 
on the occasion : thus we find the names L. Corne- 
lius Chrysosjonus, M. Tullius Tiro, P. Terentius 
Afer, and other like names. If he was manumitted 
by the state as a Servus publicus, he received the 
civitas and a praenomen and gentile name, or he 
took that of the magistratus before whom he was 
manumitted. The slave also assumed the toga or 
dress of a Roman citizen, shaved his head and put 
on a jnleus : this last circumstance explains the 
expression u servos ad pileum vocare " (Liv. xxiv. 
32), which means to invite the slaves to join in 
some civil disturbance by promising them liberty. 
The relation between a Patronus and Libertus is 
stated under Patronus. 

At the time when Gaius wrote, the peculiar 
rights of Roman citizens were of less importance 
than they had been under the republic. He states 
that all slaves who were manumitted in the proper 
form and under the proper legal conditions, became 
complete Roman citizens. But this could not have 
been so in the earliest ages. The liberti of the 
plebeians, for instance, before their masters ob- 
tained the honores, could not be in a better con- 
dition than those who manumitted them, and their 
masters had not then the complete civitas. The 
want of ingenuitas also affected their status ; but 
this continued to be the case even under the empire. 
[Ingenul] 

According to Dionysius (iv. 22), Servius Tullius 
placed the libertini in the four Urbanae Tribus. 
In b. c. 31 1, the censor Appius Claudius gave the 
libertini a place in all the tribes. (Pint PoptiodL 7 ; 
Liv. ix. 46 ; Diod. xx. 36.) In the year B. c. 304, 
they were again placed in the four tribus urbanae 
(Liv. ix. 46) ; but it seems that the libertini did 
not keep to their tribus, for in B. c. 220 they were 
again placed in the four urbanae tribus. (Liv. Epit. 
xx.) In the censorship of Tiberius Gracchus, 
B.C. 169, they were placed in one of the tribus 
urbanae determined by lot (Liv. xlv. 15 ; compare 
Dionys. iv. 22), or as Cicero (de Or. i. 9) expresses 
it, the father of Tiberius and Caius Scmpronii 
transferred the libertini (nutu atque vcrbo) into the 
tribus urbanae. Subsequently by a law of Acmilius 
Scaurus, about B. c. 1 1 6, they were restored to the 
four city tribes, and this remained their condition 
to the end of the republic, though various attempts 
were made to give them a better suffrage. As to 
the attempt of the tribune, C. Manilius B. c. 51), to 
give the libertini votes in all the tribes, sec Dion 
C'assius (xxxvi. 25), and the note of Rcimarus. As 
to the distribution of the libertini in the tribus, 
see Becker, Ilandlmch drr Horn. Altrrthumer. 

A tax was levied on manumission by a Lex 
Manlia. n. <:. 357 : it consisted of the twentieth 
part of the value of the slave, hence called Vicesi- 
ma. (Liv. vii. 16, xxvii. 10 ; Cic ad Att. ii. 16.) 

As to Manumissio, see Becker, llandhurh der 
Horn. Altmhumrr, 2te Th. lste Abth. ; Dig. 10. 
tit. I . /><• Alanumisinimiliua.) [G. L.] 

MAM'S. (Aks Manuarium.] 
MAM'S KKKKKA. [HarpaoO.] 
MANUS INJK'CTIO is one of the five modi 
or forms of the Lcgis Actio according to Gains (iv. 
12). It was in effect in some caics a kind of 
execution. The judirati manus injectio was given 
by the Twelve Tables. The plnintiff (actor) laid 
hold of the defendant, using the formal words 
'• Quod tu mihi judicatus aivc damnatus cs tester- 



732 



MARIS. 



tiuni x milia quae dolo malo non solvisti ob earn 
rem ego tibi sestertium x milia judicati manus 
injicio." The defendant who had been condemned 
in. a certain sum, had thirty days allowed him to 
make payment in, and after that time he was liable 
to the manus injectio. The defendant was not 
permitted to make any resistance, and his only 
mode of defence was to find some responsible per- 
son (vindex) who would undertake his defence (pro 
eo lege agere). If he found no vindex, the plaintiff 
might carry the defendant to his house and keep 
him in confinement for sixty days, during which 
time his name and the amount of his debt were 
proclaimed at three successive nundinae. If no 
one paid the debt, the defendant might be put to 
death or sold. (Gell. xx. 1.) According to the 
words of the Twelve Tables, the person must be 
brought before the Praetor (in jus), which of course 
means that he must be seized first: if when 
brought before the praetor, he did not pay the 
money (ni judicatum solvit) or find a vindex, he 
might be carried off and put in chains, apparently 
without the formalit} r of an addictio. The Lex 
Publilia, evidently following the analogy of the 
Twelve Tables, allowed the manus injectio in the 
case of money paid by a sponsor, if the sponsor was 
not repaid in six months. The Lex Furia de 
Sponsu allowed it against him who had exacted 
from a sponsor more than his just proportion 
(virilis pars). These and other leges allowed the 
manus injectio pro judicata, because in these cases 
the claim of the plaintiff was equivalent to a claim 
of a res judicata. Other leges granted the manus 
injectio pura, that is, non pro judicato, as the Lex 
Furia Testamentaria and the Marcia adversus 
feneratores. But in these cases the defendant might 
withdraw himself from the manus injectio (manum 
sibi depellere), and defend his cause ; but it would 
appear that he could only relieve himself from this 
seizure, by actually undertaking to defend himself 
by legal means. Accordingly, if we follow the 
analogy of the old law, it was in these cases an 
execution if the defendant chose to let it be so ; 
if he did not, it was the same as serving him 
with process to appear before the Praetor. A lex, 
the name of which is obliterated in Gaius, allowed 
the person seized to defend his own cause except 
in the case of a "judicatus," and " is pro quo 
depensum est ;" and consequently in the two latter 
cases even after the passing of this lex, a man was 
bound to find a vindex. This continued the practice 
so long as the Legis Actiones were in use ; 
" whence," says Gaius (iv. 25), " in our time a 
man ' cum quo judicati depensive agitur ' is com- 
pelled to give security ' judicatum solvi.'" From 
this we may conclude that the vindex in the old 
time was liable to pay, if he could find no good de- 
fence to the plaintiff's claim ; for as the vindex 
could " lege agere," though the defendant could not, 
we must assume that he might show, if he could, 
that the plaintiff had no ground of complaint ; as, 
for instance, that he had been paid ; and that if 
he had no good defence, he must pay the debt 
himself. The subject of the manus injectio is 
discussed by Puchta, Inst. ii. § 160, 162, 179, iii. 
§ 269. [G.I..] 
MAPPA. [Mantele.] 

MARIS (l^apis, fiapys, Hesych. \i.6.pia-Tov\ a 
Greek measure of capacity, which, according to 
Pollux (x. 184) and Aristotle (Hist. An. viii. 9), 
contained 6 cotylae, or nearly 3 pints. Polyaenus 




MARTYRIA. 

(iv. 3. § 32) mentions a much larger measure of 
the same name, containing 10 congii, or nearly 8 
gallons. [P. S.] 

MARSU'PIUM (ixapo-viriov, fiaKavriov), a 
purse. (Non. Marcellus, s. v. ; Varro, de Be Bust. 

iii. 17 ; Plant. Men. ii. 1. 29, ii. 3. 33, 35, v. 7. 
47, Poen. iii. 5. 37, Rud. v. 2. 26 ; Xen. Conviv. 

iv. 2.) 

The purse used by the an- 
cients was commonly a small 
leathern bag, and was often 
closed by being drawn together 
at the mouth (ava-iraaTa fia- 
\duTta, Plat. Conviv. p. 404, ed. 
Bekker). Mercury is com- 
monly represented holding one 
in his hand, of which the an- 
nexed woodcut from an intag- 
lio in the Stosch collection at 
Berlin, presents an example. [J. Y.] 

MA'RTIA LE'GIO. [Exercitus, p. 492, b.] 
MARTIA'LIS FLAMEN. [Flamen.] 
MARTIA'LES LUDI. [Ludi Martiales.] 
MARTY'RIA (p-apTvpia), signifies strictly the 
deposition of a witness in a court of justice, though 
the word is applied metaphorically to all kinds of 
testimony. We shall here explain — 1, what per- 
sons were competent to be witnesses at Athens ; 
2, what was the nature of their obligation ; 3, in 
what manner their evidence was given ; 4, what 
was the punishment for giving false evidence. 

None but freemen could be witnesses. The in- 
capacity of women may be inferred from the gene- 
ral policy of the Athenian law, and the absence of 
any example in the orators where a woman's evi- 
dence is produced. The same observation applies 
to minors. 

Slaves were not allowed to give evidence, unless 
upon examination by torture (0do-avos). There 
appears to have been one exception to this rule, 
viz., that a slave might be a witness against a free- 
man in case of a charge of murder (Antiph. de 
Morte Her. 728), though Platner (Att. Proc. p. 
215) thinks this only applied to the giving infor- 
mation. The party who wished to obtain the evi- 
dence of a slave belonging to his opponent chal- 
lenged him to give up the slave to be examined 
(e^'rei tov SovAov). The challenge was called 
ttp6k\t]o-is. The owner, if he gave him up, was 
said iKbovvai or TtapaSovvai. But he was not 
obliged so to do, and the general practice was to 
refuse to give up slaves, which perhaps arose from 
humanity, though the opponent always ascribed it 
to a fear lest the truth should be elicited. The 
orators affected to consider the evidence of slaves, 
wrung from them by torture, more valuable and 
trustworthy than that of freemen ; but it must be 
observed, they always use this argument when the 
slave had not been examined. (Demosth. c. Apholi. 
848, c. Onet. 874 ; Hudtwalcker, Ueber die Di'd- 
teten, p. 44, &c.) 

Citizens who had been disfranchised (riTi/xai- 
fievoi) could not appear as witnesses (any more 
than as jurors or plaintiffs) in a court of justice ; 
for they had lost all honourable rights and pri- 
vileges. (Demosth. c. Neaer. 1353; Wachsmuth, 
vol. ii. pt. i. p. 244.) But there was no objection 
to alien freemen. (Demosth. c. Lacr. 927, 929 ; 
Aeschin. de Fals. Leg. 49, ed. Steph.) We learn 
from Harpocration (s. v. Aia/iapTvpia) that in ac- 
tions against freemen for neglect of duty to their 



MARTYRIA. 



MARTYRIA. 



733 



patrons (airotnatjiov S'tKai) foreigners were not al- 
lowed to put in an affidavit, that the action was 
not maintainable (ji.il t'cayuyi/iov thai). But this 
can hardly be considered an exception, for such 
affidavits gave an undue advantage to the party 
for whom they were made. 

Neither of the parties to a cause was competent 
to give evidence for himself, though each was com- 
pelled to answer the questions put by the other. 
The law declared toiv avrtSiicoiv iiravayKts clvat 
anroKpivatrdai aWyKois to ipwTwpevov, paprvpfTv 
Si pi). (Dernosh. e. Steph. 1131.) That the friends 
of the party, who pleaded for him (called avinryo- 
poi), were not incompetent to give evidence, ap- 
pears from the fragment of Isaeus, pro Euphil., and 
also from Aeschines, who, on his trial for miscon- 
duct in the embassy, calls Phocion to assist him 
both as a witness and an advocate. (De Fait. Leg. 
pp. 51, 53, ed. Steph.) 

The obligation to attend as a witness, both in 
civil and criminal proceedings, and to give such 
evidence as he is able to give, arises out of the 
duty which every man owes to the state ; and 
there is no reason to believe that any persons (ex- 
cept the parties themselves) were exempted from 
this obligation. The passages which Platncr (All. 
Proc. p. 217) and Schomann (All. Proc. p. 671) 
cite in support of the contrary view, prove nothing 
more than that the near relations of a party were 
reluctant to give evidence against him ; whereas the 
iact that they were bound by law to give evidence 
may be inferred from Demosthene3 (c. Aphob. 849, 
850, 855). 

The party who desired the evidence of a wit- 
ness, summoned him to attend for that purpose. 
The summons was called vp6aK\r)ois. (Demosth. 
c. Timotlt. 1194.) If the witness promised to 
attend and failed to do so, he was liable to an 
action called Sikt) \tmopaprvpiov. Whether he 
promised or not, he was bound to attend, and if 
his absence caused injury to the party, he was 
liable to an action (S«ktj /3Ad§rjs). This is the 
probable distinction between these forms of action, 
as to which there has been much doubt. (Meier 
and Schomann, Alt. J'roc. p. 387 ; Platncr, Alt. 
Proc. p. 221.) 

The attendance of the witness was first required 
at the avoKpHTts, where he was to make his deposi- 
tion before the superintending magistrate (iryfpwv 
5i(fo(TT7)piou). The party in whose favour he ap- 
peared, generally wTotc the deposition at home 
upon a whitened board or tablet (KtXtvxupivov 
ypapparuov), which he brought with him to the 
magistrate's office, and, when the witness had de- 
posed thereto, put into the box (i\lvos) in which 
all the documents in the cause were deposited. If 
the deposition were not prepared beforehand, as 
must always have been the case when the party 
was not exactly aware what evidence would be 
given, or when any thing tonic place before the 
magistrate which could not be fun-seen, as for in- 
stance a challenge, or question and answer by the 
parties ; in such a case it was usual to write down 
the evidence upon a waxen tablet. The difference 
between these methods was much the same as be- 
tween writing with a pen on paper, nnd with a 
pencil on a slate ; the latter could easily be nibbed 
out nnd written over again if necessary. (Demosth. 
c strph. 1132.) If the witness did not attend, 
his evidence was nevertheless put into the box, 
that is, such evidence as the party intended him 



to give, or thought he might give, at the trial. For 
all testimonial evidence was required to be in writ- 
ing, in order that there might be no mistake about 
the terms, and the witness might leave no subter- 
fuge for himself when convicted of falsehood. 
(Demosth. c. Steph. 1115, 1130.) The avoKpiais 
might last several days, and, so long as it lasted, 
fresh evidence might be brought, but none could 
be brought after the last day, when the box was 
sealed by the magistrate, and kept so by him till 
the day of trial. (Demosth. c. Aphob. 836, c. JJoeot. 
de Kom. 999, c. Euerg. et Mites. 1143, c. Conon. 
1265.) 

The form of a deposition was simple. The fol- 
lowing example is from Demosthenes (c. Lacr. 
927): — " Archenomides son of Archedamas of 
Anagyrus testifies, that articles of agreement were 
deposited with him by Androcles of Sphettus, 
Nausicrates of Carystus, Artcmon and Apollodorus 
both of Phaselus, and that the agreement is still in 
his hands." Here we must observe that when- 
ever a document was put in evidence at the trial, 
as an agreement, a will, the evidence of a slave, a 
challenge, or an answer given by either party at 
the avaxpian, it was certified by a witness, whose 
deposition was at the same time produced and 
read. (Demosth. pro Phorm. 946, 949, 957, c. 
Phaenipp. 1046, c. Steph. 1120.) 

The witness, whether he had attended before 
the magistrate or not, was obliged to be present at 
the trial, in order to confirm his testimony. The 
only exception was, when he was ill or out of the 
country, in which case a commission might be sent 
to examine him. [Ecmartvria.] All evidence 
was produced by the party during his own speech, 
the KKttyvZpa being stopped for that purpose. 
(Isaeus, de Pyrr. her. 39, ed. Steph. ; Demosth. c. 
Eul/ul. 1305.) The witness was called by an 
officer of the court, and mounted on the raised 
platform (f>T)pa) of the speaker, while his deposi- 
tion was read over to him by the clerk ; he then 
signified his assent, either by express words, or 
bowing his head in silence. ( Ly 3. de Eratos. Mori. 
94, ed. Steph. ; Acsch. de pals. Leg. 49, ed Steph.; 
Demosth. c. Mid. 560, c. Phorm. 913, c. Steph. 
1109. c. Euiul. 1305.) In the editions that we 
have of the orators we see sometimes Maprupia 
written (when evidence is produced) and some- 
times yidpTvpes. The student must not be de- 
ceived by this, and suppose that sometimes the 
deposition only was read, sometimes the witnesses 
themselves were present. The old editors merely 
followed the language of the orators, who said 
" call the witnesses," or " mount up witnesses," or- 
" the clerk shall read you the evidence " or some- 
thing to the same effect, varying the expression 
according to their fancy. (Sec Lys. pro A/mtlith. 
147, ed. Steph. ; Isaeus, de Pyrr. Iter. 45, ed. 
Steph. ; Demosth. c. Coliipp. 1236, c. Ncaer. 
1352.) 

If the witness was hostile, he was required 
either to depose to the statement read over to him, 
or to take an oath that he knew nothing about it 
( paprvptty f) i(opvvttv). One or the other he 
was compelled to do, or if he refused, he was sen- 
tenced to pay a fine of a thousand drachms to the 
state, which sentence was immediately proclaimed 
by the officer of the court, who was commanded 
K\rrrtitiy or ixKAirrtvuv al/rby, i. e. to give him 
notice that he was in contempt and had incurred 
the fine. (Demosth. c. Aphob. 850, c. Xcacr. 1373, 



734 



MARTYRIA. 



MARTYRIA. 



c. Tlieocr. 1324; Aesch. c. Timarch. 1 0, ed. Steph. ; 
Isaeus, de Astyph. her. 76, ed. Steph., c. Leocr. 
150, ed. Steph. ; Meier and Schomann, Alt. Proe. 
p. 672 ; Plata. Att. Proc. p. 219.) 

An oath was usually taken by the witness at 
the avaKpiais, where he was sworn by the opposite 
party at an altar {irpbs rbv (luifi.bv l^wpKla8ri). If 
he had not attended at the kvaicpiais, he might be 
sworn afterwards in court ; as was always the case 
when a witness took the oath of denial (i^d/xocre). 
In the passage just cited from Lycurgus, the ex- 
pression \a§6vras Ta lepa means nothing more 
than touching the altar or its appurtenances, and 
has no reference to victims. (Valckenaer, Opusc. 
Philol. vol. i. pp. 37—39.) Whether the witness 
was always bound to take an oath, is a doubtful 
point. (See Demosth. c. Coron. 1265, c. Steph. 
1119, c. Euhul. 1305 ; Aesch. de Fals. Leg. 49, 
ed. Steph. ; Schomann, Att. Proc. p. 675.) 

The oath of the witness (the ordinary v6/*lhos 
'6picos) must not be confounded with the oath 
taken by one of the parties, or by some friend or 
other person out of court, with a view to decide 
the cause or some particular point in dispute. This 
was taken by the consent of the adversary, upon a 
challenge given and accepted ; it was an oath of a 
more solemn kind, sworn by (or upon the heads of) 
the children of the party swearing (kuto twv 
iraiSuv), or by perfect or full-grown victims (koS' 
Upwv TeAeiW), and often with curses upon himself 
or his family (kot' e£a>Ae/as), and sometimes was 
accompanied with peculiar rites, such as passing 
through fire (Sia tov irvpSs). The mother, or 
other female relation of the party (who could not 
be a witness) was at liberty to take this oath. 
(Demosth. c. Aphob. 852, c. Boeot. de Dote, 1011, 
c. Timoth. 1203, c. Callipp. 1240, c. Conon. 1269, 
c. Neaer. 1365 ; Wachsmuth, vol. ii. pt. i. p. 335 ; 
Hudtwalcker, pp. 52 — 57.) 

On some extraordinary occasions we find that 
freemen were put to the torture by a special de- 
cree of the people or the senate ; as on the occa- 
sion of the mutilated Hermes busts (Thirlwall, 
Hist, of Greece, c. 25. p. 393) ; and they were less 
scrupulous about aliens than about citizens ; but 
(as a general rule) it is certain that freemen could 
not be tortured in courts of justice, and even an 
emancipated slave, Demosthenes says it would be 
an act of impiety (ov$' Ho-tov) to give up for such 
a purpose. (Demosth. c. Apliob. 856, c. Timoth. 
1200 ; Meier, Att. Proc. p. 684.) 

With respect to hearsay evidence see Ec.uar- 
tyria : and with respect to the affidavit called 
iiafiaprvpla, see Her.es, p. 597, a. 

We have hitherto spoken only of causes which 
came before the dicasts in the ordinary way, and 
have said nothing of those which were decided by 
the public arbitrators. The above remarks, how- 
ever, will equally apply to the latter, if the reader 
will bear in mind that the arbitrator performed the 
duties of the magistrate at the avaxpiais as well as 
those of the SiKaarai at the trial. He heard the 
witnesses and received the depositions from day to 
day, as long as he sat, and kept the Ixivos open 
until the last day {Kvpiav rip.lpav). (See Demosth. 
c.Mid. 541, c. Timoth. 1199 ; Meier and Scho- 
mann, Att. Proc. p. 676.) 

If the witness in a cause gave false evidence, 
the injured party was at liberty to bring an action 
against him (Si'ktj ipevSofj.apTvpiuv') to recover com- 
pensation. The proceeding was sometimes called 



<=7ri<r/cr)<f<is, and the plaintiff was said <=7n(TK:^7rTe<r- 
6ai rfj jxaprvpia, or tw fidprvpi (Isaeus, de Pyrr. 
her. 39, de Dicaeog. her. 52, ed. Steph. ; Demosth. 
c. Aphob. 846, 856 ; Harpocr. s. v. 'EireffK-htyaTo). 
This cause was probably tried before the same pre- 
siding magistrate as the one in which the evidence 
was given. (Meier, Att. Proc. p. 45.) The form 
of the plaintiff's bill, and of the defendant's plea 
in denial, will be found in Demosthenes (c. Steph. 
1115). From the same passage we also learn that 
the action for false testimony was a ri/iriTbs aycbv, 
in which the plaintiff laid his own damages in the 
bill ; and from Demosthenes (c. Aphob. 849, 859), 
it appears that the dicasts had power not only 
to give damages to the plaintiff, but also to inflict 
the penalty of arijxia by a irpoo-riix-qais. (See also 
Isaeus, de Dicaeog. her. 52.) A witness who had 
been a third time convicted of giving false testi- 
mony was ipso jure disfranchised. (Meier, Att. 
Proc. p. 383.) The main question to be tried in 
the cause against the witness was, whether his 
evidence was true or false ; but another question 
commonly raised was, whether his evidence was 
material to the decision of the previous cause. (De- 
mosth. c. Euerg. et Mnes. 1139, 1161, c. Aphob. 
853—856, c. Steph. 1117; Platner. Att. Proc. 
vol. i. p. 400, &c.) 

When a witness, by giving false evidence against 
a man upon a criminal trial, had procured his con- 
viction, and the convict was sentenced to such a 
punishment (for instance, death or banishment) as 
rendered it impossible for him to bring an action, 
any other person was allowed to institute a public 
prosecution against the witness, either by a ypaty^i, 
or perhaps by an eiVayyeAia or irpoSoKi]. (Andoc. 
de Myst. 4 ; Platner, Att. Proc. p. 411 ; Meier, 
Att. Proc. p. 382.) 

After the conviction of the witness, an action 
might be maintained against the party who sub- 
orned him to give false evidence, called Si'ktj 
KaKOTex"^". (Demosth. c. Timoth. 1201, c. Euerg. 
et Mnes. 1139.) And it is not improbable that a 
similar action might be brought against a person, 
who had procured false evidence to be given of a 
defendant having been summoned, after the con- 
viction of the witness in a ypacp)) <|/6u8o/cA7)T6ias. 
(Meier, Att. Proc. p. 759.) 

It appears that in certain cases a man who had 
lost a cause was enabled to obtain a reversal of the 
judgment (5i/ct) avdSiKos), by convicting a certain 
number of the adverse witnesses of false testimony. 
Thus in inheritance causes the law enacted lav 
a\<ji tis tSiv ^/evSo/j.apTvpLaiv , TtaKw e| apx^s 
elem wepl avrcov ras A^eis. (Isaeus, de Hagn. 
her. 88, ed. Steph., de Dicaeog. her. 50, 51.) This 
was the more necessary, on account of the facility 
afforded to the parties to stop the progress of these 
causes by affidavits, and also because no money 
could compensate an Athenian for the loss of an 
inheritance. The same remedy was given by the 
law to those who had been convicted in a SIkti 
TpevSo/xapTvpicov or in a ypa<p$i ^vlas. In the last 
case the convicted person, who proceeded against 
the witness, was compelled to remain in prison 
until the determination of his suit. (Demosth. 
c. Timocr. 741.) We are informed that these are 
the only cases in which a judgment was allowed 
to be reversed in this way ; but whether there 
were not more cases than these has been justly 
doubted by Schomann {Att. P'-oc. 761). The 
Scholiast on Plato {Leg. xi. 14) is evidently wrong 



MATRALIA. 



MATR1M0XIUM. 



735 



in supposing that it was necessary under the Athe- 
nian law to convict more than half the number of 
the witnesses. This appears from the passage above 
cited from Isaeus on the estate of Hagnias. 

We conclude by noticing a few expressions. 
Vlaprvptiv tivi is to testify in favour of a man, 
KaTafiapTvptTv tivos to testify against. Maprv- 
p€<T0at to call to witness (a word used poetically), 
iiajxaprvpi(x6<u and sometimes ewinaprvpeaBcu, 
tovs vap6vras, to call upon those who are present 
to take notice of what passes, with a view to give 
evidence. (Demosth. c. Euerg, et Mnes. 1150.) 
VfvSo/iaprvpfiv and i-mop/celi/ are never used in- 
differently, which affords some proof that testi- 
mony was not necessarily on oath. The paprvs 
(witness in the cause) is to be distinguished from 
the kAtjttjp or K\rirwp, who merely gave evidence 
of the summons to appear. [C. R. K.] 

M A ST E' RES Quurr^pes). [Zetetae.] 
MASTI'GIA. [Flagrum.] 
MASTIGO'PHORI or MASTIGO'XOMI 
(naiTTiyo<p6poi or nai7Tiyov6fiot), the name of the 
lower police officers in the Greek states, who car- 
ried into execution the corporal punishments in- 
flicted by the higher magistrates. Thus Lycurgus 
assigned mastigophori to the Paedonomus at Sparta, 
who had the general superintendence of the edu- 
cation of the boys. (Xcn. Rep. Imc. ii. 2, iv. 6 ; 
Plut. Lyc. 1 7.) In the theatre the mastigophori 
preserved order, and were stationed for this pur- 
pose in the orchestra, near the thymcle. (Schol. 
ad Plat. p. 99, Ruhnken ; Lucian, Pise. 33.) In 
the Olympic games the f>aSSovx<>' performed the 
same duties. At Athens they were discharged by 
the public slaves, called bowmen (to(,6toh), or 
Scvthians (2ku&u). [Demosii.] 
M ATABA. [Hasta, p. 589, a.] 
MATEHFAMI'LIAS. [Matrimonicm.] 
MATHEMATICAL [Astrologia.] 
MATRA'LIA, a festival celebrated at Rome 
every year on the 1 1th of June, in honour of the 
goddess Mater Matuta, whose temple stood in the 
Forum Boarium. It was celebrated only by Ro- 
man matrons, and the sacrifices offered to the god- 
dess consisted of cakes baked in pots of earthen- 
ware. (Varro, tie Liny. Lai. iv. p. 31, Bip. ; Ovid. 
past. vi. 475, 6cc.) Slaves were not allowed to 
take part in the solemnities, or to enter the temple 
of the goddess. One slave, however, was admitted 
by the matrons, but only to be exposed to a humi- 
liating treatment, for one of the matrons gave her 
a blow on the check and then sent her away from 
the temple. The matrons on this occasion took 
with them the children of their sisters, but not 
their own, held them in their arms, and prayed for 
their welfare. (Plut. (Jamil. 5, Quant. Horn. p. 
267.) The statue of the goddess was then crowned 
with a garland, by one of the matrons who had 
not yet lost a husband. (Tertull. Munogam. c. 17.) 
The (irri'k writers and their Human followers, 
who identify the Mater Matuta with I.eucothea »r 
Ino, explain the ceremonies of the Matralia by 
means of the mythological stories which relate to 
these Greek goddesses. But the real import of 
the worship of the Mater Matuta appears to have 
been to inculcate upon mothers the principle, that 
they oiiL-lit tn take care of tin- children of their 
listen as much as of their own, ami that they 
should not leave them to careless slaves, the con- 
tempt for whom was symbolically expressed by 
the infliction of a blow on the cheek of the one 



admitted into the temple. (Compare Hartung, Die 
Rejig, der Romer, vol. ii. p. 75.) [L. S.] 

MATRIMO'XIUM, XU'PTIAE (yd^os), 
marriage. 1. Greek. The ancient Greek legis- 
lators considered the relation of marriage as a 
matter not merely of private, but also of public or 
general interest. This was particularly the case 
at Sparta, where the subordination of private in- 
terests and happiness to the real or supposed exi- 
gencies of the state was strongly exemplified in the 
regulations on this subject For instance, by the 
laws of Lycurgus, criminal proceedings might be 
taken against those who married too late (ypaipr) 
itpiyauiov) or unsuitably (ypatpr) Kaxoyafitov), as 
well as against those who did not marry at all 
(ypatpr) ayafi'iov). (Pollux, viii. 40 ; Plut. Lycurg. 
15.) These regulations were founded on the 
generally recognised principle, that it was the duty 
of every citizen to raise up a strong and healthy 
progeny of legitimate children to the state. (Miil- 
: ler, Dorians, iv. 4. § 3.) So entirely, in fact, did 
the Spartans consider the TfKvcyitoua, or the pro- 
I duction of children, as the main object of marriage, 
and an object which the state was bound to pro- 
: mote, that whenever a woman had no children by 
her own husband, she was not only allowed, but 
even required by the laws, to cohabit with another 
man. (Xen. de Rep. Lac. i. 8.) On the same 
principle, and for the purpose of preventing 
the extinction of his family, the Spartan king, 
Anaxandrides, was allowed to cohabit with two 
wives, for whom he kept two separate establish- 
ments : a case of bigamy, which, as Herodotus 
(vi. 39, 40) observes, was not at all consistent 
with Spartan nor indeed with Hellenic customs. 
Thus the heroes of Homer appear never to have 
had more than one Kovpthi-n oAoxos (Buttmann, 
Lerilogus, 73) ; though they are frequently repre- 
sented as living in concubinage with one or more 
iraWaKai. Solon also seems to have viewed mar- 
riage as a matter in which the state bad a right to 
interfere, for we are told that his laws allowed of a 
ypcupr) ayan'iov, though the regulation seems to 
have grown obsolete in later times ; at any rate 
there is no instance on record of its application. 
(Platner, Process, &c. vol. ii. p. 248.) Plato too 
may be quoted to prove how general was this feel- 
ing, for according to his laws (Leg. iv. p. 721), 
any one who did not many before he was thirty- 
five was punishable not only with ariuia. but also 
with pecuniary penalties: and he expressly states 
that in choosing a wife every one ought to consult 
the interests of the state, and not his own plea- 
sure. (Leg. vi. p. 773.) 

But independent of any public considerations 
there were also private or personal reasons (peculiar 
to the ancients) which made marriage an obliga- 
tion. Plato (L c.) mentions one of these, viz. 
the duty incumbent upon every individual to pro- 
vide for a continuance of representatives to succeed 
himself as ministers of the Divinity (rtf @t<ji inrr)- 
i ptrat avff airrou irapaStS6vcu). Another was the 
desire felt by almost every one, not merely to per- 
I petuate his own name, but also to prevent his 
I " heritage being desolate, and his name being cut 
I off'* (5Vetff fxti 4^*pr)^Lwau(Ti roif atptrlpuv aurwv 
! ofrovt), and to have some one who might mnkc 
the customnry offerings at his grave (oAA' tarai 
tii Kal A ivaytwv, Isneu* de A)kiII. llercd. p. <>G. 
Bek.). We arc told that with this view childless 
I persons sometimes adopted children. 



736 



MATRIMONIUM. 



MATRIMONIUM. 



The choice of a wife among the ancients was but 
rarely grounded upon affection, and scarcely ever 
could have been the result of previous acquaintance 
or familiarity. In many cases a father chose for 
his son a bride whom the latter had never seen, or 
compelled him to marry for the sake of checking 
his extravagances. Terence (Andria, i. 5) thus 
illustrates the practice : — ■ 

" Pater praeteriens modo 
Mihi apud forum, uxor tibi ducenda est, Pamphile, 
hodie inquit : para." 

In Plautus (Trinum. v. 2. 59) a son promises his 
father that he will marry in these words : — 

" Ego ducam, pater: etiam si quam aliam jubebis." 

Representations of this sort may indeed be con- 
sidered as exaggerations, but there must have been 
scenes in real life to which they in some measure 
correspond. Nor was the consent of a female to a 
match proposed for her generally thought neces- 
sary : she was obliged to submit to the wishes of 
her parents, and receive from them, it might be a 
stranger for her husband and lord. Sophocles 
thus describes the lot of women in this respect : — 
" When we are grown up (he makes a female say) 
we are driven away from our parents and paternal 
gods," 

Kal ravT, iwecSav zvcppov)) C 6 ^!? /<"'<*, 
Xpe&v eTrawuv, Kal Soi<e7v KaAas ex*'"- 

Frag. Tereus. 
So also in Euripides (Androm. 951) Hermicne de- 
clares that it is her father's business to provide a 
husband for her. The result of marriages con- 
tracted in this manner would naturally be a want 
of confidence and mutual understanding between 
husband and wife, until they became better ac- 
quainted with, and accustomed to, each other. 
Xenophon (Oecon.7. § 10.) illustrates this withmuch 
naivete in the person of Ischomachus, who says of 
his newly married wife : — " When at last she was 
manageable (x^'po^S^s), and getting tame so that 
I could talk with her, I asked her," &c, &c. By 
the Athenian laws a citizen was not allowed to 
marry with a foreign woman, nor conversely, under 
very severe penalties (Demosth. c.Neaer. p. 1350); 
but promixity by blood (ayxio-reia), or consan- 
guinity ((Tvyyeveia), was not, with some few ex- 
ceptions, a bar to marriage in any part of Greece ; 
direct lineal descent was. (Isaeus, de Ciron. her. 
p. 72.) Thus brothers were permitted to marry 
with sisters even, if not bp.o\x-i\rpioi, or born from 
the same mother, as Cimon did with Elpinice, 
though a connection of this sort appears to have 
been looked on with abhorrence. (Becker, Chari- 
kles, vol. ii. p. 448.) In the earlier periods of 
society, indeed, we can easily conceive that a spirit 
of caste or family pride, and other causes such as 
the difficulties in the way of social intercourse would 
tend to make marriages frequent amongst near 
relations and connections. (Compare Numbers, 
c. xxxvi.) At Athens, however, in the case of a 
father dying intestate, and without male children, 
his heiress had no choice in marriage ; she was 
compelled by law to marry her nearest kinsman 
not in the ascending line ; and if the heiress were 
poor (&7)(T(rci) the nearest unmarried kinsman 
either married her or portioned her suitably to her 
rank. When there were several coheiresses, they 
were respectively married to their kinsmen, the 
nearest having the first choice. [Epiclerus.] The 



heiress in fact, together with her inheritance, 
seems to have belonged to the kinsmen of the 
family, so that in early times a father could not 
give his daughter (if an heiress) in marriage with- 
out their consent. (Muller, Dorians, ii. 10. § 4.) 
But this was not the case according to the later 
Athenian law (Demosth. c. Steph. p. 1134), by 
which a father was empowered to dispose of his 
daughter by will or otherwise ; just as widows 
also were disposed of in marriage, by the will cf 
their husbands, who were considered their right- 
ful guardians (icvpioi). (Demosth. c. Aphob. 
p. 814.) 

The same practice of marrying in the family 
(oiKOi ), especially in the case of heiresses, prevailed 
at Sparta ; thus Leonidas married the heiress of 
Cleomenes, as being her ayx'o~Tevs, or nex ' of kin, 
and Anaxandrides his own sister's daughter. 
Moreover, if a father had not determined himself 
concerning his daughter, it was decided by tLe 
king's court, who among the privileged persons or 
members of the same family should marry the heiress. 
(Herod, vi. 57 ; Muller, I. c.) A striking resem- 
blance to the Athenian law respecting heiresses 
is also found in the Jewish code, as detailed in 
Numbers (c. xxvii. 1 — 11), and exemplified in 
Ruth (c. iv.). 

But match-making among the ancients was not, 
in default of any legal regulations, entirely left to 
the care and forethought of parents, for we read of 
women who made a profession of it, and who were 
therefore called irpofivhaTpiai or irpojxvqo'Tpib'ts. 
(Pollux, iii. 31.) The profession, however, does 
not seem to have been thought very honourable 
nor to have been held in repute, as being too 
nearly connected with, or likely to be prostituted 
to, Trpoaya-j eia. (Plato, Theaet. 2. p. 150.) 

Particular days and seasons of the year were 
thought auspicious and favourable for marriage 
amongst the Greeks. Aristotle (Polil. vii. 15) 
speaks of the winter generally as being so consi- 
dered, and at Athens the month Tafi^Kiwu, partly 
corresponding to our January, received its name 
from marriages being frequently celebrated in it. 
Hesiod (Oper. 800) recommends marrying on the 
fourth day of the month, 

'Ev 8i TtTapTji fXT)vhs aye<r8ai is oIkov Akoitiv, 

but whether he means the fourth from the begin- 
ning or end of the month is doubtful. Euripides 
(Iphig. in Aid. 707) speaks as if the time of the 
full moon were thought favourable, 

Srav ae\T)VT]s eumxV eA0)j k6kAos, 

in which he is confirmed by the expression Si^o- 
/urjpfSes eanepai, or the full-moon nights in Pin- 
dar. (Isth. vii. 45.) That this prepossession, how- 
ever, was not general and permanent appears from 
Proclus (ad Hesiod. Oper. 782), who informs us 
that the Athenians selected for marriages the times 
of new moon (toss -jrpbs cvvoZov 7}jx4pas), i. e. 
when the sun and moon were in conjunction. 

There was also some difference of opinion, on 
which it is not worth while to dilate, about the 
proper age for marrying ; but generally speaking 
men were expected to marry between 30 and 35, 
and women about 20 or rather before. (Plato, Leg. 
vi. p. 785.) 

We proceed now to explain the usual prelimi- 
naries and accompaniments of marriage in various 
parts of Greece. The most important preliminary 



MATRIMONIUM. 



MATRIMONIUM. 



737 



at Athens wa3 the Enguesis (cyyiWjiris) or betro- 
thal, which was in fact indispensable to the com- 
plete validity of a marriage contract. It was made 
by the natural or legal guardian (6 Kvptos) of the 
bride elect, and attended by the relatives of both 
parties as witnesses. The law of Athens ordained, 
that all children born from a marriage legally con- 
tracted in this respect should heyviimoi (Demosth. 
c. Stepk. p. 1134), and consequently, if sons, 
io6ux>ipoi, or intitled to inherit equally or in gavel- 
kind. It would seem, therefore, that the issue of 
a marriage without espousals would lose their 
heritable rights, which depended on their being 
born ^{ aarrjs kou iyyvriTTis yvvaiKos ; i.e. from a 
citizen and a legally betrothed wife. The wife's 
dowry was also settled at the espousals. (Meier 
and Schoman, p. 415.) 

But there were also several ceremonies observed 
either on or immediately before the day of mar- 
riage. The first of these were the irpore'Aeia 7a- 
nwv or itpoydy.ua (Pollux, iii. 38), and consisted 
of sacrifices or offerings made to the Qeol yayriKtoi 
or divinities who presided over marriage. They 
are generally supposed to have been made on the 
day before the 70^10$ or marriage ; but there is a 
passage in Euripides (Iphig. in Aul. 642) which 
makes it probable that this was not always the 
case. The sacrificer was the father of the bride 
elect ; the divinities to whom the offering was made 
were, according to Pollux (iii. 381 ), Hera and 
Artemis, and the Fates, to whom the brides elect 
then dedicated the oirapx a ' of their hair. Accord- 
ing to Diodorus Siculus (v. 73) they were Zeus 
and Hera rtKtla (Juno pronuba) ; but they pro- 
bably varied in different countries, and were some- 
times the 0fol iyx&piot or local deities. The 
offerings to Artemis were probably made with a 
view of propitiating her, as she was supposed to 
be averse to marriage. [Braironia.) We 
may also observe that Pollux uses irpoydticia as 
synonymous with ■nporiKaa, making ydyns iden- 
tical with Tf'Aoj, as if marriage were the rt\os or 
perfection of man's being: whence Tf'Afioj con- 
nected with or presiding over marriage or a mar- 
ried person, and So/tos ^iiTt'Arjs a house without 
a husband or incomplete. (Horn. //. ii. 701.) 
Another ceremony of almost general observance on 
the wedding day, was the bathing of both the 
bride and bridegroom in water fetched from some 
particular fountain, whence, as some think, the 
custom of placing the figure of a \.ovrpo(p6pos or 
" water-carrier" over the tombs of those who died 
unmarried. [IIai.neae, p. 185, b.] At Athens 
the water was fetched from the fountain Callirrhoc, 
at the foot of the Acropolis (Thuc. ii. 15.). After 
these preliminaries the bride was generally con- 
ducted from her father's to the house of the bride- 
groom at nightfall, in a chariot "V ciudhf, 1 drawn 
by a pair of mules or oxen, and furnished with a 
kKaAs or kind of a conch as a seat. On either side 
of her sat the bridegroom, and one of his most in- 
timate friends or relations, who from his office was 
called napivvpupo^ or vufupurr-fit ; but as he rode 
in the carriage (fixw) with the bride and bride- 
groom, he was sometimes called the irdpoxos 
(6 4k rphov 6 Trapitxnbuivot irdpo^oi IkK^Oti, 
Harpocr. ». r.). Hence Aristophanes (Arm, 
•peaks of the "blooming Love guiding the supple 
reins," when Zeus was wedded to Hera, as the 
ZijvJti ird)»>x" '• ,duwv T^t T* fiiSaiuovot "Hpoi. 

The nuptial procession was probably accom- 



panied, according to circumstances, by a number of 
persons, some of whom carried the nuptial torches 
(B&BfS vv/j.<piKai, Aristoph. Pax, 1318) ; and in 
some places, as in Boeotia, it was customary to 
burn the axle of the carriage on its arrival at the 
bridegroom's house, as a symbol that the bride was 
to remain at home and not go abroad. (Plut. 
Quaest. Rom. p. 111.) If the bridegroom had been 
married before, the bride was not conducted to 
his house by himself, but by one of his friends, 
who was therefore called vvfi(paywy6s. (Hesych. 
s.v. ; Pollux, iii. 40.) 

Both bride and bridegroom (the former veiled) 
were of course decked out in their best attire, with 
chaplets on their heads (Becker, Charildes, vol. ii. 
p. 467), and the doors of their houses were hung 
with festoons of ivy and bay. (Plut. Amat. 10. 
p. 27.) As the bridal procession moved along, the 
Hyinenacan song was sung to the accompaniment 
of Lydian flutes, even in olden times, as beautifully 
described by Homer (//. xviii. 490 ; Hes. Scut. 
Here. 273), and the married pair received the 
greetings and congratulations of those who met 
them. (Aristoph. Pax, 1316.) After entering 
the bridegroom's house, into which the bride was 
probably conducted by his mother bearing a lighted 
torch (Eurip. P/ioen. v. 311), it was customary to 
shower sweetmeats upon them (Karaxva yara) as 
emblems of plenty and prosperity. (Schol. ad 
Arutopk.Plut.768.) 

After this came the 70/10$ or nuptial feast, the 
doiWj yauiK-q, which was generally (Becker, Chart- 
Ides, vol. ii. p. 469) given in the house of the bride- 
groom or his parents ; and besides being a festive 
meeting, served other and more important purposes. 
There was no public right whether civil or religious 
connected with the celebration of marriage amongst 
the ancient Greeks, and therefore no public record 
of its solemnisation. This deficiency then was sup- 
plied by the marriage feast, for the guests were of 
course competent to prove the fact of a marriage 
having taken place ; and Demosthenes (c. Cnet. 
p. 869) says they were invited partly with such 
views. To this feast, contrary to the usual prac- 
tice amongst the Greeks, women were invited as 
well as men ; but they seem to have 6at at a separate 
table, with the bride still veiled amongst them. 
(Lucian, Comm. 8 ; Athen. xiv. p. 644.) At the 
conclusion of this feast she was conducted by 
her husband into the bridal chamber ; and a law 
of Solon (Plut. Solon, c. 20) required that on en- 
tering it they should eat a quince together, as if to 
indicate that their conversation ought to be sweet 
and agreeable. The song called the E/iil/ta/amium 
(^TriOaAo/iioc, sc. /if'Aoi) was then sung before the 
doors of the bridal chamber, as represented by 
Theocritus in his 18th Idyl, where, speaking of 
the marriage of Helen, he says — 

Twelve Spartan virgins, the Laconian bloom, 
Choir'd before fair Helen's bridal room — 
To the same timo with cadence true they beat 
The rapid round of many twinkling feet, 
One measure tript, one song together sung, 
Their hynienean all the palace rung. 

Chapman. 

On which passage the Scholiast remarks that Epi- 
thalamia are of two kinds ; some sung in the even- 
ing, and called h »,t...- r. and others in tho 

morning (ipOpia), and called ottyiprtKd. 

The dav after the mnrringe, the first of the 
3 B 



738 



MATRIMONIUM. 



MATRIMONIUM. 



bride's residence in her new abode, was called the 
eVavAia : on which their friends sent the customary 
presents to the newly married couple. On another 
day, the curavMa, perhaps the second after mar- 
riage, the bridegroom left his house to lodge apart 
from his wife at his fatherVin-law, and the bride 
presented him with a garment called airavMarripia, 
in connection with which, Pollux (iii. 39) observes, 
that the gifts made to the bride after the marriage 
were called cnravAia. Some of the presents made 
to the bride by her husband and friends were 
called avaKaKvirri\pia, as being given on the occa- 
sion of the bride first appearing unveiled (Harpocr. 
s. v.) • they were probably given on the iiraiKia. or 
day after the marriage. 

Another ceremony observed after marriage was 
the sacrifice which the husband offered up on the 
occasion of his bride being registered amongst his 
own phratores (yafiriKiav, scil. Sva'iav rots (ppdrop- 
aw uaifviyKev, Demosth. c.Eubul. pp. 1312, 1320; 
Isaeus, de Pyrr. her. p. 45). 

The statement above made of the solemnities 
connected with marriage cannot of course be con- 
sidered as applicable to all ages and circumstances, 
but rather as a representation of the customs gene- 
rally observed at Athens in later times. 

At Sparta the betrothal of the bride by her 
father or guardian (icvpios) was requisite as a pre- 
liminary of marriage, as well as at Athens. (MU1- 
ler, Dorians, ii. 4. § 2.) Another custom pecu- 
liar to the Spartans, and a relic of ancient times, 
was the seizure of the bride by her intended 
husband (see Herod, vi. 65), but of course with 
the sanction of her parents or guardians. (Plut. 
Lycur. 15 ; Xen. de Rep. Lac. i. 5.) She was 
not, however, immediately domiciled in her hus- 
band's house, but cohabited with him for some 
time clandestinely, till he brought her, and fre- 
quently her mother also, to his home. (Miiller, 
Dorians, I. c.) A similar custom appears to have 
prevailed in Crete, where, as we are told (Strabo, 
x. p. 482), the young men when dismissed from 
the ayeA-ft of their fellows, were immediately mar- 
ried, but did not take their wives home till some 
time afterwards. Miiller suggests that the chil- 
dren of this furtive kind of intercourse were called 
■napQevwi. 

We subjoin some particulars concerning the re- 
lation between man and wife amongst the ancient 
Greeks, prefacing them with a description of do- 
mestic married life, from Lysias {de Caede Eratos. 
p. 92). The speaker there says, " I have a small 
two-story house, of equal dimensions on the base- 
ment and first floor, both in the male and female 
apartments (Kara t))c yvvaiKwviTiv k. t. A.). Now 
after our little boy was born, his mother used to 
suckle it, and that she might not meet with any 
accident in going down the ladder (r\ K\ifia£), 
whenever she wanted to wash, I lived up stairs, 
and the women below. And it was usual for my 
wife to leave me very frequently and sleep down 
stairs with the child, to give it the breast and keep 
it from crying. And one day after dinner the 
little fellow cried and fretted, and T told my wife 
to go and suckle it ; now at first she would not, 
but at last I got angry with her, and ordered her 
to go : ' yes,' said she, ' that you may play with 
the servant maid,' " &c. 

Now, though the wife, as appears by this tale, 
usually took her meals with her husband, she did 
not go out with him to dinner, nor sit at table with 



his guests when he had company. (Isaeus, de 
Pyrr. her. p. 139 ; Demosth. c. Neaer. p. 1352.) 

The duties of a good housewife are summed up 
by Plato (Leg. vii. p. 805) under the heads of 
rapLieia, Siepaire'ta, and iratSorpocpia. The first of 
these included the domestic arrangements of the 
house and superintendence of the furniture, provi- 
sions, cookery, and servants ; in fact every thing 
that came under the name of housekeeping. (Becker, 
Charihles, vol. ii. p. 476.) But a trust of this kind 
was not reposed in a young wife till she had gained 
some experience ; for what, says Xenophon (Oecon. 
7. § 4), could a wife, married at fifteen, be likely 
to know, who had lived in complete seclusion, and 
had only been taught by her mother to conduct 
herself virtuously (aaxppovew) ? The depenreia in- 
cluded the attendance upon the sick inmates of the 
house, whether free or slaves. (Xen. Oecon. 7. § 37.) 
The iraiSorpocpia was the physical education of the 
children, on which Plutarch (de Educat. Puer. 5. 
p. 9) observes that mothers ought themselves to 
nurture and suckle their children, though frequently 
female citizens were hired as wet-nurses. (Demosth. 
c.Evhul. p. 1309.) The Spartan nurses were so 
famous, that they were engaged even in foreign 
states ; thus Alcibiades we are told was suckled by 
a Laconian nurse. (Plut. Lycurg. 1 6.) It is scarcely 
necessary to remark that we have been speaking of 
the household of a citizen in good circumstances, 
to which only our observations can apply. 

The consideration in which women were held by 
their husbands, and the respect paid to them in an- 
cient Greece, would naturally depend, in some de- 
gree, on their intellectual and moral character ; but 
generally speaking the Greeks entertained compara- 
tively little regard for the female character. They 
considered women, in fact, as decidedly inferior to 
men, qualified to discharge only the subordinate 
functions in life, and rather necessary as help- 
mates, than agreeable as companions. To these 
notions female education for the most part corre- 
sponded, and in fact confirmed them ; it did not 
supply the elegant accomplishments and refinement 
of manners which permanently engage the affec- 
tions, when other attractions have passed away. 
Aristotle (de Rep. i. 2) states, that the relation of 
man to woman is that of the governor to the sub- 
ject ; and Plato (Meno, p. 71), that a woman's 
virtue may be summed up in a few words, for she 
has only to manage the house well, keeping what 
there is in it, and obeying her husband. Nor is it 
unimportant to remark, that Athenians, in speaking 
of their wives and children, generally said re'/ci/a 
Kai yvvaMas, putting their wives last : a phrase 
which indicates very clearly what was the tone of 
feeling on this subject. Moreover, before marriage 
Grecian women were kept in a state of confinement, 
which amounted to little short of a deprivation of 
liberty, so that they are even said to have been 
watched and guarded in strong apartments, 

b-xypolai Trapdevuai (ppovpovvrai /caAcDs 

(Eurip. Iphig. in Aulid.), nor was it thought be- 
coming in them to be seen in public (Eurip. Orest. 
108), except on some particular occasions, when 
they appeared as spectators of, or participators in 
religious processions ; of which, young men de- 
sirous of being married would naturally avail them- 
selves to determine the object of their choice. 
Even after marriage the restrictions imposed upon 
young women of the middle and higher classes 



MATRIMOXIUM. 



MATKIMONIUM. 



739 



were of a very jealous and almost Oriental charac- 
ter. They occupied, as is well known, a separate 
part of the house, and in the absence of their hus- 
band it was thought highly improper for a man 
even to enter where they were. (Demosth. c. Euerg. 
pp. 1157, 1150.) From various passages of the 
Attic comedians it would also seem that married 
women were required to keep at home (oiKovpeiv), 
and not allowed to go out of doors without the 
permission of their husbands. Thus, in a fragment 
of Menander (Meineke, p. 87), we are told that 
married women are not allowed to pass the gate of 
the court-yard of the house, 

■ iripas ~/ap aC\ios i&vpa 

'E\ev6epa yvvainl vevofwn' ohclas : 

and Aristophanes (T7iesm. p. 790) speaks of their 
husbands forbidding them to go out Again, on 
occasions of great public alarm (e.y., when the 
news of the defeat at Chaeroneia reached Athens), 
the women are spoken of, not as leaving their 
houses, but standing at their doors and inquiring 
after the fate of their husbands, a circumstance 
which is described as being discreditable to them- 
selves and the city (&va£i<nv ainwv ko< T7js ti6\«jis, 
Lycurg. c. Isocr. p. 53, Bek.). From a passage in 
Plutarch (</« (Jen. Socr. 33) it appears that on this 
subject there was the same feeling at Thebes as 
well as at Athens ; and the same writer (.Solon, 21) 
informs us that one of Solon's laws specified the 
conditions and occasions upon which women were 
to be allowed to leave their houses. In later times 
there were magistrates at Athens (the yvvaiKovS- 
fwt), charged, as their name denotes, with the 
superintendence of the behaviour of women. [Gv- 
naeconomi.] 

But we must observe that the description given 
above of the social condition and estimation of 
women in Greece, docs not apply to the Heroic 
times as described by Homer, nor to the Dorian 
state of Sparta. With respect to the former, we 
have only space to remark, that the women of the 
Homeric times enjoyed much more freedom and 
consideration than those of later ages, and that the 
connection between the sexes was then of a more 
generous and affectionate character than after- 
wards. For another important distinction see Dos 
(Giikkk). (Becker, Charilcles, vol. ii. p. 415.) 

Among the Dorians generally, and in Sparta 
especially, the relation of the wife to the husband, 
and the regard paid to women, was for the most 
part the same as that represented by Homer to 
have prevailed universally amongst the ancient 
Greeks ; and as such, presented a strong contrast 
to the habits and principles of the Ionic Athenians, 
with whom the ancient custom of Greece, in this 
respect, was in a great measure supplanted by that 
of the Fast. At Sparta, for instance, the wife was 
honoured with the title of hiavoiva or ** mistrcsB," 
an appellation not used unmeaningly or ironically, 
and which was common amongst the Thcssalians 
and other nations of northern Greece. (Miiller, ii. 
4. § 4.) Moreover, the public intercourse per- 
mitted by the Dorians between the sens was 
(comparatively at least) of so free and unre- 
stricted a character, as to have given occasion 
for the well known charges of licentiousness 
(&V«rn) against the Spartan women. (Eurip. 
Androm. 5ill>.) Tin- influence, too, which the 
Ijtcedai-inoiii.iii women f njoyd wns so great that 
the Spartans were blamed for submitting to the 



yoke of their wives ; and even Aristotle (Pol. 
ii. 6) thought it necessary to account for the cir- 
cumstance, by the supposition that Lycurgus had 
failed in his attempt to regulate the life and con- 
duct of the Spartan women as he had wished. In 
short there was a great contrast and ditf rence 
between the treatment of women in the Dorian 
and Ionian states of Greece, which is well de- 
scribed by Miiller (/. c.) in the following words : — 
" Amongst the Ionians women were merely con- 
sidered in an inferior and sensual light, and though 
the Aeolians allowed their feelings a more exalted 
tone, as is proved by the amatory poetesses of 
Lesbos, the Dorians, as well at Sparta as in the 
south of Italy, were almost the only nation who 
considered the higher attributes of the female mind 
as capable of cultivation." In Sparta, too, the un- 
married women lived more in public than the mar- 
ried. The former appeared with their faces un- 
covered, the latter veiled ; and at Sparta, in Crete, 
and at Olympia, virgins were permitted to be spec- 
tators of the gymnastic contests, and married 
women only were excluded. The reverse of this 
was the case in Ionia. (Jliiller, ii. 2. § 2.) 

The preceding investigation will have prepared 
the reader for the fact, that the strictest conjugal 
fidelity was required under very severe penalties 
from the wife [Adultkriuh], while great laxity 
was allowed to the husband. The general practice 
is thus illustrated by Plautus (Mercat. iv. 6. 2) : — 

" Nam si vir scortum duxit clam uxorera suam, 
Id si rescivit uxor, impune est viro. 
Uxor viro si clam domo egressa est foras, 
Viro fit causa, exigitur matrimonio." 

In cases of adultery by the wife, the Athenian 
law subjected the husband to arista, if he con- 
tinued to cohabit with her ; so that she was ipso 
facto divorced. (Demosth. c. Xeaer. p. 1374.) But 
a separation might be effected in two different 
ways : by the wife leaving the husband, or the 
husband dismissing the wife. If the latter sup 
posed her husband to have acted without sufficient 
justification in such a course, it was competent for 
her after dismissal, or rather for her guardians, 
to bring an action for dismissal (Socr; d7rojrt'/xi/(fa>j 
or oiroiro^jriji): the corresponding action, if brought 
by the husband, was a Sikt; airoAftyews. If, 
however, a wife were ill-used in any way by her 
husband, he was liable to an action called a Sikij 
KOKuatus, so that the wife was not entirely un- 
protected by the laws : a conclusion justified by a 
fragment in Athenacus (xiii. p. 559) in which 
married women are spoken of as relying on its 
protection. But a separation, whether it origi- 
nated from the husband or wife, was considered to 
reflect discredit on the latter (6 yap 5iav\if iariv 
alaxivTnv *xw, Fray, apud Stab. p. f>7, Gflisford) 
independent of the difficulties and inconveniences 
to which she was subjected by it. At Sparta 
barrenness on the part of a wife seems to have 
been a ground for dismissal by the husband 
(Herod, vi. til ) ; and from a passage in Dion Chrv- 
sostom (Oral. xv. p. 417) it has been inferred that 
women were in the habit of imposing supposititious 
children with a view of keeping (KaTairx*"*) 
their husbands: not hut that the word admits of, 
if indeed it doM not (from the tense) require, a 
different interpretation. 

This article has l«-en mainly composed from 
Becker's ('hariklcs (vol. ii. p. 415). The duties of 
8 B •_» 



740 



MATRIMONIUM. 



MATRIMONIUM. 



an Athenian wife are stated somewhat in detail by 
Xenophon (Oeconom. ad init.). [R. W.] 

2. Roman. A Roman marriage was called 
Justae Nuptiae, Justum Matrimonium, Legitimum 
Matrimonium, as being conformable to Jus Civile 
or to Roman Law. A marriage was either Cum 
conventione uxoris in manum viri, or it was with- 
out this conventio. In both cases there must be 
connubium between the parties, and consent : the 
male must also be pubes, and the woman viri 
potens. The legal consequences as to the power 
of the father over his children were the same in 
both. Opposed to the Legitimum Matrimonium 
was the Matrimonium Juris Gentium. 

A Roman marriage may be viewed, First with 
reference to the conditions required for a Justum 
Matrimonium ; Secondly, with reference to the 
forms of the marriage ; Thirdly, with reference to 
its legal consequences. 

Unless there was connubium there could be no 
Roman marriage. Connubium is denned by Ul- 
pian {Frag. v. 3) to be " uxoris jure ducendae 
facultas," or the faculty by which a man may make 
a woman his lawful wife. But in truth this is no 
definition at all, nor does it give any information. 
Connubium is merely a term which comprehends 
all the conditions of a legal marriage. Accordingly, 
the term is explained by particular instances : 
" Roman men citizens," says Ulpian, '* have con- 
nubium with Roman women citizens {Romanae 
cives) ; but with Latinae and Peregrinae only in 
those cases where it has been permitted. With 
slaves there is no connubium." 

Sometimes connubium, that is the faculty of 
contracting a Roman marriage, is viewed with re- 
ference to one of its most important consequences, 
namely, the Patria Potestas : " for," says Gaius, 
" since it is the effect of Connubium that the 
children follow the condition of their father, it 
results that when Connubium exists, the children 
are not only Roman citizens, but are also in the 
power of their father." Generally, it may be 
stated that there was only connubium between 
Roman citizens : the cases in which it at any time 
existed between parties, not both Roman citizens, 
were exceptions to the general rule. Originally, 
or at least at one period of the Republic, there 
was no Connubium between the Patricians and 
the Plebeians ; but this was altered by the Lex 
Canuleia which allowed Connubium between per- 
sons of those two classes. 

There was no connubium between many persons 
with respect to one another, who had severally 
connubium with respect to other persons. Thus 
there were various degrees of consanguinity within 
which there was no connubium. There was no 
connubium between parent and child, whether the 
relation was natural or by adoption ; and a man 
could not marry an adopted daughter or grand- 
daughter, even after he had emancipated her. 
There was no connubium between brothers and 
sisters, whether of the whole or of the half blood : 
but a man might marry a sister by adoption after 
her emancipation, or after his own emancipation. 
It became legal to marry a brother's daughter 
after Claudius had set the example by marrying 
Agrippina ; but the rule was not carried further 
than the example, and in the time of Gaius it re- 
mained unlawful for a man to marry his sister's 
daughter. (Gaius, i. 62 ; Tacit. Ann. xii. 5 ; 
Sueton. Claud. 26.) 



There was no connubium also between persons 
within certain relations of affinity, as between a 
man and his socrus, nurus, privigna, and noverca. 

Any illegal union of a male and female, though 
affecting to be, was not a marriage : the man had 
no legal wife, and the children had no legal father ; 
consequently they were not in the power of their 
reputed father. These restrictions as to marriage 
were not founded on any enactments : they were 
a part of that large mass of Roman law which be- 
longs to Jus Moribus Constitutum. 

The marriage of Domitius, afterwards the em- 
peror Nero, with Octavia the daughter of Claudius, 
seems at first sight somewhat irregular. Nero was 
adopted by Claudius by a Lex Curiata (Tacit. 
Ann. xii. 26), but he was already his son-in-law; 
at least the sponsalia are mentioned before the 
adoption. (Tacit. Ann. xii. 9.) There seems to be 
no rule of law which would prevent a man from 
adopting his son-in-law ; though if the adoption 
took place before the marriage, it would be illegal, 
as stated by Gaius. 

Persons who had certain bodily imperfections, 
as eunuchs, and others who from any cause could 
never attain to puberty, could not contract mar- 
riage ; for though pubertas was in course of time 
fixed at a positive age [Impubbs], yet as the 
foundation of the notion of pubertas was physical 
capacity for sexual intercourse, there could be no 
pubertas if there was a physical incapacity. 

The essence of marriage was consent, and the 
consent, says Ulpian, " both of those who come 
together, and of those in whose power they are ;" 
and " marriage is not effected by sexual union, but 
by consent." Those then who were not sui juris, 
had not, strictly speaking, connubium, or the 
" uxoris jure ducendae facultas ;" though in an- 
other sense, they had connubium by virtue of the 
consent of those in whose power they were, if 
there was no other impediment. (Dig. 23. tit. 1. 
s. 11—13.) 

The Lex Julia et Papia Poppaea placed certain 
restrictions on marriage as to the parties between 
whom it could take place. [Julia et Papia 
Poppaea ; Inpamia.] 

A man could only have one lawful wife at a 
time ; and consequently if he were married, and 
divorced his wife, a second marriage would be no 
marriage, unless the divorce were effectual. 

The marriage Cum conventione in manum dif- 
fered from that Sine conventione, in the relation- 
ship which it effected between the husband and 
the wife ; the marriage Cum conventione was a 
necessary condition to make a woman a mater- 
familias. By the marriage Cum conventione, the 
wife passed into the familia of her husband, and 
was to him in the relation of a daughter, or as it 
was expressed, " in manum convenit." (Cic. Top. 
3 ; filiae loco est, Gaius, ii. 159.) In the marriage 
Sine conventione, the wife's relation to her own 
familia remained as before, and she was merely 
Uxor. " Uxor," says Cicero (Top. 3), " is a genus 
of which there are two species ; one is mater- 
familias, ' quae in manum convenit ;' the other is 
uxor only." Accordingly a materfamilias is a wife 
who is in manu, and in the familia of her hus- 
band, and consequently one of his sui heredes ; or 
in the manus of him in whose power her husband 
is. A wife not in manu was not a member of her, 
husband's familia, and therefore the term could not 
apply to her. Gellius (xviii. 6) also states that this 



MATRIMONIUM. 

was the old meaning of materfamilias. Matrona 
was properly a wife not in manu, and equivalent 
to Cicero's " tantummodo uxor ; " and she was 
called matrona before she had any children. But 
these words are not always used in these their 
original and proper meanings. (See Ulp. Frag, iv.) 

No forms were requisite in marriage ; the best 
evidence of marriage was cohabitation matrimonii 
causa. The matrimonii causa might be proved 
by various kinds of evidence. A marriage Cum 
conventione might be effected by Usus, Farreum, 
and Coemptio. 

If a woman lived with a man for a whole year 
as his wife, she became in manu viri by virtue of 
this matrimonial cohabitation. The consent to live 
together as man and wife was the marriage : the 
usus for a year had the manus as its result ; and 
this was by analogy to Usucapion of movables 
generally, in which usus for one year gave owner 
ship. The Law of the Twelve Tables provided 
that if a woman did not wish to come into the 
manus of her husband in this manner, she should 
absent herself from him annually for three nights 
(trinoctium) and so break the usus of the year. 
(Gell. iii. "2 ; Gaius, i. 111.) The Twelve Tables 
probably did not introduce the usus in the case of 
a woman cohabiting with a man matrimonii causa, 
any more than they probably did in the case of 
other things ; but as in the case of other things 
they fixed the time within which the usus should 
have its full effect, so they established a positive 
rule as to what time should be a sufficient inter- 
ruption of usus in the case of matrimonial cohabit- 
ation, and such a positive rule was obviously 
necessary in order to determine what should be a 
sufficient legal interruption of usus. 

Farreum was a form of marriage, in which cer- 
tain words were used in the presence of ten wit- 
nesses, and were accompanied by a certain religious 
ceremony in which panis farreus was employed ; 
and hence this form of marriage was also called 
Confarreatio. This form of marriage must have 
fallen generally into disuse in the time of Gaius, 
who remarks (i. 1 12) that this legal form of mar- 
riage (hoc jus) was in use even in his time for the 
marriages of the Flamines Majorcs and some others. 
This passage of Gaius is defective in the MS., but 
its general sense may be collected from comparing 
it with Tacitus (Ann. iv. 16) and Servius (ad 
Acneid. iv. 104, .'574). It appears that certain 
priestly offices, such as that of Flamen Dialis, could 
only be held by those who were bom of parents 
who had been married by this ceremony (crmfar- 
reali parades). Even in the time of Tiberius, the 
ceremony of confarreatio was only observed by a 
few. As to divorce between persons married by 
confarreatio, see DiVorticm. 

The confarreatio is supposed to have been the 
mode of contracting marriage among the patricians, 
and it was a religious ceremony which put the 
wife in manu viri. 

Coemptio was effected by Mancipatio, and con- 
sequently the wife was in mancipio. (Gaius, i. 1 IK.) 
A woman who was cohabiting with a man as uxor, 
might come into his manus by this ceremony, in 
which case the coemptio was said to be matrimonii 
rnma, and she who was formerly uxor became 
npud maritum filiae loco. If the coemptio was ef- 
fected at the time of the marriage, it was still a 
v|mrate act. The other coemptio which was 
called fiduciac causa and which was between a 



MATRIMONIUM. 741 

woman and a man not her husband, is considered 
under Testam entim and Tutela. If, how- 
ever, an uxor made a coemptio with her husband, 
not matrimonii causa, but liduciae causa, the con- 
sequence was that she was in manu, and thereby 
acquired the rights of a daughter. It is stated by 
a modem writer, that the reason why a woman 
did not come in manicipium by the coemptio, but 
only in manum, is this, that she was not mancipated, 
but mancirated herself, under the authority of her 
father if she was in his power, and that of her 
tutors, if she was not in the power of her father ; 
the absurdity of which is ob\ ious, if we have regard 
to the form of mancipatio as described by Gaius (i. 
1 19), who also speaks (L 1 18, a) of mancipatio as 
being the form by which a parent released his 
daughter from the patria potestas (e suo jure), 
which he did when he gave his daughter in manum 
viri. The mancipatio must in all cases have been 
considered as legally effected by the father or the 
tutors. 

In the course of time, marriage without the 
manus became the usual marriage. The manus 
by usus fell into desuetude. (Gaius, i. 111.) 

Sponsalia were not an unusual preliminary of 
marriage, but they were not necessary. " Spon- 
salia," according to Florentinus (Dig. 23. tit. 1. 
s. 1) " sunt mentio et repromissio nuptiarum futu- 
rarum." Gellius has preserved (iv. 4) an extract 
from the work of Servius Sulpicius Rufus De 
Dotibus, which, from the authority of that great 
jurist, may be considered as unexceptionable. 
(Compare Varro, de Ling. Lat. vi. 70.) Sponsalia, 
according to Servius, was a contract by stipula- 
tiones and sponsiones, the former on the part of the 
future husband, the latter on the part of him who 
gave the woman in marriage. The woman who 
was promised in marriage was accordingly called 
Sponsa, which is equivalent to Promissa ; the man 
who engaged to marry was called Sponsus. The 
Sponsalia then were an agreement to marry, made 
in such form as to give each party a right of action 
in case of non-performance, and the offending party 
was condemned in such damages as to the Judex 
seemed just. This was the law (jus) of Sponsalia, 
adds Servius, to the time when the Lex Julia 
gave the Civitas to all Latium ; whence we may 
conclude that alterations were afterwards made 
in it. 

The Sponsalia were of course not binding, if 
the parties consented to waive the contract ; 
and either party could dissolve the contract as 
either could dissolve a marriage. If a person 
was in the relation of double sponsalia at the 
same time, he was liable to Infamia. (Infa- 
mia.] Sometimes a present was made by the 
future husband to the future wife by way of earn- 
est (arrha, arrha sponsaiilia), or as it was called 
propter nuptias donatio. (Cod. 5. tit. 3.) Sponsalia 
might be contracted by those who were not under 
seven years of age. The regulation of Augustus, 
which was apparently comprised in the Lex Julia 
et I'apia, w hich declared that no *pon*alia should 
be valid if the marriage did not follow within 
two years, was not always observed. (Suetnn. 
.Iv./. r. '.U ; Di'ni Cass. lir. Hi, and the note of 
Kcimarus.) [Inpann; 1 Mrt'HK.s. ] 

The consequences of marriage were — 
1. The power of the father over the children of 
the marriage, which was a completely new relation, 
an effect indeed of marriage, hut one which had no 
3 8 3 



742 MATRIMONIUM. 



MATRIMONIUM. 



influence over the relation of the husband and wife. 
[Patria Potest as.] 

2. The liabilities of either of the parties to the 
punishments affixed to the violation of the mar- 
riage union. [Adulterium ; Divortium.] 

3. The relation of husband and wife with respect 
to property, to which head belong the matters of 
Dos, Donatio inter virum etuxorem, Donatio propter 
nuptias, &c. Many of these matters, however, are 
not necessary consequences of marriage, but the 
consequence of certain acts which are rendered pos- 
sible by marriage. 

In the later Roman history we often read of 
marriage contracts which have reference to Dos, 
and generally to the relation of husband and wife 
viewed with reference to property. A title of the 
Digest (23. tit. 4) treats De Pactis Dotalibus, 
which might be made either before or after mar- 
riage. 

The Roman notion of marriage was this : — it is 
the union of male and female, a consortship for the 
whole of life, the inseparable consuetude of life, 
an intercommunion of law, sacred and not sacred. 
(Dig. 23. tit. 2. s. 1.) But it is not meant that 
marriage was to this extent regulated by law, for 
marriage is a thing which is, to a great extent, 
beyond the domain of law. The definition or de- 
scription mrans that there is no legal separation of 
the interests of husband and wife in such matters 
in which the separation would he opposed to the 
notion of marriage. Thus the wife had the sacra, 
the domicile, and the rank of the husband. Marriage 
was established by consent, and continued by dis- 
sent ; for the dissent of either party, when formally 
expressed, could dissolve the relation. [Divor- 
tium.] 

Neither in the old Roman law nor in its later 
modifications, was a community of property an 
essential part of the notion of marriage ; unless we 
assume that originally all marriages were accom- 
panied with the conventio in manum, for in that 
case, as already observed, the wife became filiae- 
familias loco, and passed into the familia of her 
husband ; or if her husband was in the power of 
his father, she became to her husband's father in 
the relation of a granddaughter. All her property 
passed to her husband by a universal succession 
(Gaius, ii. 96, 98), and she could not thenceforward 
acquire property for herself. Thus she was en- 
tirely removed from her former family as to her 
legal status and became as the sister to her hus- 
band's children. In other words, when a woman 
came in manum, there was a blending of the ma- 
trimonial and the filial relation. It was a good 
marriage without the relation expressed by in 
manu, which was a relation of parent and child 
superadded to that of husband and wife. The 
manus was terminated by death, loss of Civitas, 
by Diffareatio, and we may assume by Mancipatio. 
It is a legitimate consequence that the wife 
could not divorce her husband, though her hus- 
band might divorce her, and if we assume that the 
marriage accompanied by the cum conventione was 
originally the only form of marriage (of which, 
however, we believe, there is no proof) the state- 
ment of Plutarch [Divortium] that the husband 
alone had originally the power of effecting a di- 
vorce, will consist with this strict legal deduction. 
It is possible, however, that, even if the marriage 
cum conventione was once the only marriage, there 
might have been legal means by which a wife in 



manu could be released from the mareus ; for the 
will alone would be sufficient to release her from 
the marriage. In the time of Gaius (i. 1 37), a 
woman, after the repudium was sent, could de- 
mand a remancipatio. 

When there was no conventio, the woman re- 
mained a member of her own familia : she was to 
her husband in the same relation as any other 
Roman citizen, differing only in this that her sex 
enabled her to become the mother of children who 
were the husband's children and citizens of the 
state, and that she owed fidelity to him so long as 
the matrimonial cohabitation continued by mutual 
consent. But her legal status continued as it was 
before : if she was not in the power of her father, 
she had for all purposes a legal personal existence 
independently of her husband, and consequently 
her property was distinct from his. It must have 
been with respect to such marriages as these, that 
a great part at least of the rules of law relating to 
Dos were established ; and to such marriages all 
the rules of law relating to marriage contracts must 
have referred, at least so long as the marriage cum 
conventione existed and retained its strict character. 

When marriage was dissolved, the parties to it 
might marry again ; but opinion considered it more 
decent for a woman not to marry again. A woman 
was required by usage (mos) to wait a year before 
she contracted a second marriage, on the pain of 
Infamia. 

At Rome, the matrimonium juris civilis was 
originally the only marriage. But under the in- 
fluence of the Jus Gentium, a cohabitation be- 
tween Peregrini, or between Latini, or between 
Peregrini and Latini and Romani, which, in its 
essentials, was a marriage, a consortium omnis 
vitae with the affectio maritalis, was recognised as 
such ; and though such marriage could not have 
all the effect of a Roman marriage, it had its 
general effect in this, that the children of such 
marriage had a father. Thus was established the 
notion of a valid marriage generally, which mar- 
riage might be either Juris Civilis or Juris Gentium. 
Certain conditions were requisite for a valid mar- 
riage generally, and particular conditions were ne- 
cessary for a Roman marriage. In the system of 
Justinian, the distinction ceased, and there re- 
mained only the notion of a valid marriage gene- 
rally ; which is the sense of Justae nuptiae in the 
Justinian system. This valid or legal marriage is 
opposed to all cohabitation which is not marriage ; 
and the children of such cohabitation have no 
father. (Puchta, Inst. iii. § 287.) [Infamia.] 

The. above is only an outline of the Law of 
Marriage, but it is sufficient to enable a student to 
carry his investigations farther. [G. L.] 

It remains to describe the customs and rites 
which were observed by the Romans at marriages 
(ritus nuptiales or nuptiarum solemnia justa, ra 
vo/u£6/jteya ruv yafxav). After the parties had 
agreed to marry and the persons in whose potestas 
they were had consented, a meeting of friends was 
sometimes held at the house of the maiden for the 
purpose of settling the marriage-contract, which 
was called sponsalia, and written on tablets {tabu- 
lae lec/itimae), and signed by both parties. ( Juven. 
Sat. ii. 119, &c, vi. 25, 200 ; Gellius, iv. 4.) The 
woman after she had promised to become the wife 
of a man was called sponsa, pacta, dicta, or sperata. 
(Gell. 1. c. ; Plaut. Trinum. ii. 4. 99 ; Nonius, iv. 
p. 213.) From Juvenal {Sat. vi. 27) it appears 



MATRIMONII," M. 



MATRIMONIUM. 



743 



that, at least during the imperial period, the man 
put a ring on the finger of his betrothed, as a 
pledge of his fidelity. This ring was probably, like 
all rings at this time, worn on the left hand, and 
on the finger nearest to the smallest. (Macrob. Sut. 

vii. 13.) The last point to be fixed was the day 
on which the marriage was to take place. To- 
wards the close of the republic it had become cus- 
tomary to betroth young girls when they were yet 
children ; Augustus therefore limited th? time 
during which a man was allowed to continue be- 
trothed to a girl (Suet. Aug. 34), and forbade men 
to be betrothed to girls before the latter had com- 
pleted their tenth year, so that the age of pubertas 
being twelve years, a girl might not be compelled 
to be betrothed longer than two years. (Dion 
Cass. liv. p. G09, Steph.) 

The Romans believed that certain days were 
unfortunate for the performance of the marriage 
rites, either on account of the religious character of 
those days themselves, or on account of the days 
by which they were followed, as the woman had 
to perform certain religious rites on the day after 
her wedding, which could not take place on a dies 
ater. Days not suitable for entering upon matri- 
mony were the Calends, Nones, and Ides of even- 
month, all dies atri, the whole months of May 
(Ovid. Fast. v. 490 ; Plut. Quaest. Rom. p. 284) 
and February, and a great number of festivals. 
(Macrob. Sat. i. 15 ; Ovid.Fasr.ii.557.) Widows, 
on the other hand, might mam- on days which 
were inauspicious for ma'dens. (Macrob. Sat. 1. c. ; 
Plut. Quaest. Horn. p. 289.) 

On the wedding-day, which in the early times 
was never fixed upon without consulting the au- 
spices CCic. de Dir. i. 16 ; VaL Max. ii. 1. § 1), 
the bride was dressed in a long white robe with a 
purple fringe or adorned with ribands. (Juv. ii. 
J24.) This dress was called tunica recta (Plin. 
//. N. viii. 48), and was bound round the waist 
with a girdle (corona, cingulum, or zona, Fest. s. v. 
Cingu/o), which the husband had to untie in the 
evening. The bridal veil, called flammeum, was 
of a bright-yellow colour (Plin. //. N. xxi. 8; 
Srhol. ad Juv. vi. 225), and her shoes likewise. 
(Catnll. lxii. 10.) Her hair was divided on this 
occasion with the point of a spear. (Ovid. Fast. ii. 
51)0 ; Arnob. adv. Gent. ii. p. 91 ; Pint Quaest. 
Horn. p. 285.) 

The only form of marriage which was celebrated 
with solemn religious rites, was that by confarrea 
tio ; the other forms being mere civil acts, were 
probably solemnised without any religious cere- 
mony. In the case of a marriage by confarreatio, 
a sheep was sacrificed, and its skin was spread 
over two chairs, upon which the bride and bride- 
groom sat down with their heads covered. (Sen - . 
ad Aen. iv. 37 1.) Hereupon the marriage was 
completed by pronouncing a solemn formula or 
prayer, after which another sacrifice was offered. 
A cake was made of far anil the mola salsa pre- 
pared by the Vestal virgins (Serv. ad Virg. Kdng. 

viii. 82), and carried before the bride when she 
wascondurted to the residence of her husband. It 
is uncertain whether this cake is the same as that 
which is called mustarrum (Juv. Sat. vi. 201), and 
which was in the evening distributed among the 
guests assembled at the house of the young hus- 
band. 

The bride was conducted to the house of her 
husband in the evening. She was taken with ap- 



parent violence from the arms of her mother, or 
of the person who had to give her away. On her 
way she was accompanied by three boys dressed in 
the praetexta, and whose fathers and mothers were 
still alive (patrimi el matrimi). One of them car- 
ried before her a torch of white thorn (spina) or, 
according to others, of pine wood ; the two others 
walked by her side supporting her by the arm. 
(Fest. s. v. Patrimi et matrimi ; Varro, ap. Chari- 
sium, i. p. 1 17 ; Plin. H. X. xvi. 18.) The bride 
herself carried a distaff and a spindle with wool. 
( Plin. H. N. viii. 48 ; Plut. Quaest. Rom. p. 271.) 
A boy called camillus carried in a covered vase 
(cumera, cumerum, or camillum) the so called 
utensils of the bride and playthings for children 
(crepundia, Fest. s. v. Cumerum ; Plaut.-OVte/. iii. 
1. 5). Besides these persons who officiated on the 
occasion, the procession was attended by a nume- 
rous train of friends both of the bride and the bride- 
groom, whose attendance was called officium and 
ad officium venire. (Suet. Caliij. 25, Claud. 26.) 
Plutarch (Quaest. Rom. init.) speaks of five wax- 
candles which were used at marriages ; if these 
were borne in the procession, it must have been to 
light the company which followed the bride ; but 
it may also be that they were lighted during the 
marriage ceremony in the house of the bride. 

When the procession arrived at the house of the 
bridegroom, the door of which was adorned with 
garlands and flowers, the bride was carried across 
the threshold by pronubi, i. e. men who had only 
been married to one woman, that she might not 
knock against it with her foot, which would have 
been an evil omen. (Plut. Quaest. Rom. p. 271, c ; 
PlauL Cus. iv. 4. 1.) Before she entered the 
house, she wound wool around the door-posts of 
her new residence, and anointed them with lard 
(adeps suillus) or wolf's fat (adeps lupinus, Serv. 
ad Aen. iv. 19; Plin. H. N. xxviii. 9). The 
husband received her with fire and water, which 
the woman had to touch. This was either a 
symbolic purification (for Serv. ad Aen. iv. 104, 
says that the newly married couple washed their 
feet in this water), or it was a symbolic expression 
of welcome, as the interdicerc aqua ct igni was the 
formula for banishment. The bride saluted her 
husband with the words : ubi tu Cuius, ego Cuia. 
(Plut. Quaest. Rum. I. c.) After she had entered 
the house with distaff and spindle, she was placed 
upon a sheep-skin, and here the keys of tin- house 
were delivered into her hands. (Fest. ». r. Cluvis.) 
A repast (coma nuptia/is) given by the husband to 
the whole train of relatives and friends who ac- 
companied the bride, generally concluded the so- 
lemnity of the day. (Plaut. Cure. v. 2. 61 ; Suet. 
Calig. 25.) Many ancient writers in lit ion a very 
popular song, Talasius or Talassio, which was sung 
at weddings (Plut. Quaest. Rom. I. c. ; Liv. L 9 ; 
Dionys. Ant. Rom. ii. 31 ; Fest s. v. Tulassionem) ; 
but whether it was sung during the repast or 
during the procession is not quite clear, though we 
may infer from the story respecting the origin of 
the song, that it was sung while the procession 
was advancing towards the house of the husband. 

It may easily be imagined that a solemnity liko 
that of marriage did not take place among the 
merry and humorous Italians without a variety of 
jests and railleries, and Ovid (Fust. iii. 675) men- 
tions obscene songs which were sung before the 
door of the bridal npartineiit by girls, after tho 
company had left. These songs were probably the 



744 MAUSOLEUM. 



MAUSOLEUM. 



old Fescennina [Fescennina], and are frequently 
called Epithalamia. At the end of the repast the 
bride was conducted by matrons who had not had 
more than one husband (pronubae), to the lectus 
genialis in the atrium, which was on this occasion 
magnificently adorned and strewed with flowers. 
On the following day the husband sometimes gave 
another entertainment to his friends, which was 
called repotia (Fest. s. v. ; Horat. Sat. ii. 2. 60), 
and the woman who on this day undertook the 
management of the house of her husband, had to 
perform certain religious rites (Macrob. Sat. i. 15), 
on which account, as was observed above, it was 
necessary to select a day for the marriage which 
was not followed by a dies ater. These rites pro- 
bably consisted of sacrifices to the dii Penates. 
(Cic. de Republ. v. 5.) 

The rites and ceremonies which have been men- 
tioned above, are not described by any ancient 
writer in the order in which they took place, and 
the order adopted above rests in some measure 
merely upon conjecture. Nor is it, on the other 
hand, clear which of the rites belonged to each of 
the three forms of marriage. Thus much only is 
certain, that the most solemn ceremonies and those 
of a religious nature belonged to confarreatio. 

The position of a Roman woman after marriage 
was very different from that of a Greek woman. 
The Roman presided over the whole household ; 
she educated her children, watched over and pre- 
served the honour of the house, and as the mater- 
familias she shared the honours and respect shown 
to her husband. Far from being confined like the 
Greek women to a distinct apartment, the Roman 
matron, at least during the better centuries of the 
republic, occupied the most important part of the 
house, the atrium. (Compare Lipsius, Elect, i. 17 ; 
Bottiger, Aldobrandin. Hochzeit, p. 124, &c. ; Bris- 
sonius, De Ritu Nuptiarum, de Jure Connubii, 
Paris, 1564. 12mo.) [L.S.J 

MATRO'NA. [Matrimonium, p. 741, a.] 

MATRON A'LI A, also called MATRO- 
NA'LES FERIAE, a festival celebrated by the 
Roman matrons on the 1st of March in honour of 
Juno Lucina. From the many reasons which Ovid 
gives why the festival was kept on this day, it is 
evident that there was no certain tradition on the 
subject ; but the prevailing opinion seems to have 
been that it was instituted in memory of the peace 
between the Romans and Sabines, which was 
brought about by means of the Sabine women. At 
this festival wives used to receive presents from 
their husbands, and at a later time girls from their 
lovers ; mistresses also were accustomed to feast 
their female slaves. Hence we find the festival 
called by Martial the Saturnalia of women. (Ov. 
Fast. iii. 229, &c. ; Plaut. Mil, iii. 1. 97 ; Tibull. 
iii. 1 ; Hor. Carm. iii. 8 ; Mart. v. 84. 1 1 ; Suet. 
Vesp. 19 ; Tertull. Idol. 14 ; comp. Hartung, Die 
Religion der Romer, vol. ii. p. 65.) 

MAUSOLE'UM (MauffoAeToe), which sig- 
nified originally the sepulchre of Mausolus, was 
used by the Romans as a generic name for any 
magnificent sepulchral edifice. (Paus. viii. 16. §3. 
s. 8, and the Latin Lexicons.) 

The original building was the production of 
the piety of a wealthy queen, and the skill of 
the great artists of the later Ionian and Attic 
schools of architecture and sculpture. Mauso- 
lus, the dynast of Caria, having died in b. c. 
353, his queen Artemisia evinced her sorrow by 



observing his funeral rites with the moat expen- 
sive splendour, and by commencing the erection 
of a sepulchral monument to him, at Halicarnas- 
sus, which should surpass any thing the world had 
yet seen. (See Diet, of Biog. arts. Artemisia, 
Mausolus.) She entrusted its erection to the 
architects Phileus (or Phiteus, or Pytheus) and 
Satyrus, who wrote an account of the work and its 
sculptural decorations ; and to four of the greatest 
artists of the new Attic school, Scopas, Bryaxis, 
Leochares, and either Timotheus or Praxiteles, for 
respecting this name, Vitravius tells us, the au- 
thorities varied. These artists worked in emu- 
lation with one another, each upon one face of the 
building, and, upon the death of Artemisia, who 
only survived her husband two years, they con- 
tinued their work as a labour of love. Pliny men- 
tions a fifth artist, Pythis, who made the marble 
quadriga on the summit of the building. (Vitruv. 
vii. Praef. § 12 ; Plin. H. N. xxxvi. 5. s. 4. § 9 ; 
Diet, of Biog. under the names of the artists.) 

It was chiefly, Pliny tells us, on account of the 
works of these artists that the Mausoleum became 
celebrated as one of the seven wonders of the world. 
Unfortunately, however, the ancient authors, who 
have celebrated its magnificence, have furnished 
us with such scanty details of its construction, 
that the restoration of its plan is almost hopeless. 
(Strabo, xiv. -p. 656; Cic. Tusc. Disp. iii. 31 ; 
Gell. x. 18 ; Val. Max. iv. 6. ext. 1 ; Propert. iii. 
2. ] 9 ; Suid. Harpocr. s. vv. 'ApTt/xiaia, Mavaw- 
Aos.) There are, indeed, coins which give a re- 
presentation of it ; but they are modem forgeries. 
(Rasche, s. v. ; Eckhel, vol. ii. p. 597.) The edi- 
fice has so entirely vanished, that even its site 
is doubtful, although some precious fragments of 
its sculptures survive, and are now in our own 
possession. 

Pliny is the only writer who gives any thing 
like a complete description of the edifice ; but 
even in this account there are considerable diffi- 
culties. The building, he tells us, extended 63 
feet from north to south, being shorter on the 
fronts, and its whole circuit was 411 feet (or, ac- 
cording to the Bamberg MS. 440) ; it rose to the 
height of 25 cubits (37-j feet) ; and was surrounded 
by 36 columns. This part of the building was 
called Pteron. It was adorned with sculptures in 
relief, on its eastern face by Scopas, on the 
northern by Bryaxis, on the southern by Timo- 
theus, on the western by Leochares. Above this 
pteron was a pyramid equal to it in height, dimi- 
nishing by 24 steps to its summit, which was sur- 
mounted by the marble quadriga made by Pythis. 
The total height, including this ornament, was 
140 feet. 

The limits of this article do not admit of a dis- 
cussion of the various proposed restorations of the 
plan of the edifice. They will be found enume- 
rated and carefully examined by Mr. Charles 
Newton, in a very valuable essay On the Sculp- 
tures from the Mausoleum at Halicarnassus in the 
Classical Museum for July, 1847, vol. v. pp. 170, 
foil., with a chart of Halicarnassus, a restoration 
of the Mausoleum, and other illustrations. 

Thus much is clear enough from Pliny's ac- 
count ; that the edifice was composed of an oblong 
quadrangular cella (the pteron), surrounded by a 
peristyle of columns (which were in all probability 
of the Ionic order), and elevated on a basement 
(for this supposition presents the only means of 



MAUSOLEUM. 



MEDICINA. 



745 



reconciling the discrepancy between the total and 
partial heights), which pteron was surmounted by 
the pyramid ; the sculptures were of course on the 
frieze of the order. The other apparent discre- 
pancy between the lengths of the sides and fronts 
and the total circuit of the building can only 
be satisfactorily explained by supposing that it 
stood within an enclosure, or upon a platform of 
the larger dimensions, namely, 440 feet in peri- 
meter. When we come to the details of the 
arrangement of the parts, we find most writers 
giving the simple explanation, which most readers 
of Pliny would probably adopt at first sight, that 
the 36 columns, of which Pliny speaks, formed a 
single peristyle all round the building. (See, for 
example, the restoration in Ilirt's Geseh. </. Bau- 
kunst, PI. x. fig. 14, PI. xxx. fig. 14.) To this 
view there are very formidable objections ; and 
another, which has not only the merit of being 
exceedingly ingenious, but the authority of a 
most accomplished architect, is proposed by Mr. 
Cockerel!, in Mr. Newton's Essay. Taking on 
the one hand Pliny's 63 feet as the length of the 
longer side of the peristyle, and on the other hand, 
calculating the dimensions of the order from the 
existing fragments of the frieze (which, in the 
case of a work of that period of Greek art, an 
architect can do with as much certainty as that 
with which Professor Owen can construct a di- 
nornis from a single thigh-bone), Mr. Cockerell 
arrives at the conclusion that the 36 pillars were 
arranged, in a single row of six columns on each 
front, and in a duMe row of eight on each side, 
at intercolumniations of 6 feet 8 inches, around a 
long narrow cMj, corresponding in length to six 
of the columns of the peristyle, and in width to 
two. (See the plan and elevation in the Classical 
Museum, I. c.) 

The researches of the latest travellers furnish a 
strong hope that good elements for reconstructing 
the plan of the Mausoleum may be found among 
the fragments of columns which are scattered about 
the city of Iiuilrum, and worked into its walls. 

The building was still standing in the latter 
part of the fourth century after Christ (Grcgnr.. 
N;iz. Epiijr. cxviii.), and even as late as the tenth ; 
but it shared at length, with Ilalicamassus itself, in 
thealmost total destruction which fell upon the cities 
of Asia Minor. For its subsequent history, the 
question of its site, and the chain of evidence 
which proves that the marbles now in the British 
Museum are the very reliefs with which Scopas 
and his rivals adorned the sepulchre of Mausolus, 
the reader is referred to the very interesting ac- 
count of these matters given in Mr. Newton's 
Essay. All that can here be stated is, that when 
the knights of Ithodcs built the citadel of Ilali- 
camassus (Uuilrum), in the fifteenth century, or 
more probably when they strengthened its for- 
tifications in 1522, they used materials obtained 
from the ruins of the Mausoleum, and, among the 
rest, they worked into the inner wall of their for- 
tress some of the sculptured slabs which had formed 
its frieze. Various travellers, from Thcvcnot to the 
present time, have described these marbles, of 
which then 1 is a sketch in the Ionian Antiiptitirs 
of the Dillettanti Society (vol. iL Supp. PI. iL). 
At length our ambassador at Constantinople, Sir 
Strnttord Canning, obtained the permission of the 
Porte for their removal, and in February, l!146, 
they were taken down and conveyed to England, 



and are now deposited in the British Museum, 
under the name of the Bud rum Marbles. They 
consist of thirteen slabs, of the uniform height of 
3 feet including the mouldings, or 2 feet 5i inches 
without them, and varying in length from 2 feet 
8 inches to 6 feet 1 1 inches. Their total length is 
64 feet 1 1 inches, which is nearly the same as 
that of each longer side of the building ; but 
they are evidently from different faces of it, as 
they cannot all be arranged in one continuous 
composition, though some of them are continuous, 
and they show traces of the hands of various 
artists. Their subject is the battle of Greek 
warriors with Amazons, which was as favourite 
a myth in Ionia and Caria as it was in Attica. 
Their style is considered by competent judges 
to be inferior to what we might have expected 
from artists of the school of Scopas and Prax- 
iteles ; but their close resemblance to another 
bas-relief of the same school, that of the choragic 
monument of Lysicrates, is admitted ; and the 
points in which they are alleged to be deficient 
are just those in which we recognise the inferiority 
of the later Attic school to the perfect art of 
Pheidias. The suggestion of Mr. Newton, that 
accident may have preserved to us, out of the 
whole frieze, the inferior works of Bryaxis, Leo- 
chares, and Timotheus, and not the better produc- 
tions of Scopas or Praxiteles, is not only inconsistent, 
as he himself remarks, with Pliny's statement that 
the sculptures were regarded as of equal merit ; 
but also, it is one of those gratuitous suppositions 
made to escape from a difficulty, which cannot be 
admitted without some positive proof. 

In the Roman Mausolea the form chiefly em- 
ployed was that of a succession of terraces in 
imitation of the rogus. Of these the most celebrated 
were those of Augustus and of Hadrian ; the latter 
of which, stripped of its ornaments, still forms the 
fortress of modem Rome (the Castle of S. Angelo); 
but of the other, which was on a still larger scale, 
and which was considered as one of the most 
magnificent buildings of Augustus, there are only 
some insignificant ruins. (Strabo, v. p. 236 ; Suet. 
Aug. 100 ; Nardini, Roma Antici, vol. iii. p. 75, 
ed. Nibby ; Hirt, Lelire d. Gcb'dude, pp. 340 — 
351, and restoration of the monuments in PI. xxx. 
fig. 21,23.) [P.S.] 

MAZO'NOMI S (ixa(ov6uo-;, dim. /xa(ov6fitov, 
Athen. v. 30, 34 ), from pa^a, a loaf, or a cake ; 
properly a dish for distributing bread : but the 
term is applied also to any large dish used for 
bringing meat to table. (Varro, de lie Bust. iii. 4.) 
These dishes were made either of wood (Pollux, 
vii. (17), of bronze (Athen. iv. 31), or of gold 
(Athen. v. 27). [J.Y.J 

M DDI AST I 'N I, the nam.- given to slaves, used 
for any common purpose, and are said by the 
Scholiast upon Horace (lip. i. 14. 14) to be those 
" qui in medio stant ad quaetis imperata parati." 
The name is chiefly given to certain slaves belong- 
ing to the familia ruslica (Cic. Cat. ii. 3 ; Colum. 
i. 9, ii. 13), but it is also applied sometimes to 
slaves in the city. (Dig. 4. tit. 9. s. 1. § 5, 7. tit. 
7. ». 6.) 

MKDICI'NA (larpiK^), the name of that 
science which, as Celsus says (de Mtdic lib. i. 
PraefaL), u Sanitatem negris promittit," and whose 
object Ilippocrntes defines (de Arte, vol. i. p. 7, 
ed. Kiihn) to be " the delivering sick persons from 
their disease, and the diminishing the force of 



746 



MEDICINA. 



MEDICINA. 



sicknesses, and the not undertaking the treatment 
of those who are quite overcome by sickness, as 
we know that medicine is here of no avail." For 
other definitions of the art and science of Medi- 
cine given by the ancients, see Pseudo-Galen (In- 
troduct. Seu Medicus, c. 6. vol. xiv. pp. 68(i — 8, 
ed. Kiihn). The invention of medicine was almost 
universally attributed by the ancients to the gods. 
(Hippocr. de Prisca Medic, vol. i. p. 39 ; Pseudo- 
Galen, Introd. cap. i. p. 674 ; Cic. Tusc. Dis. iii. 
] • Plin. H.N. xxix. 1.) Another source of in- 
formation was the observing the means resorted to 
by animals when labouring under disease. Pliny 
(H A r . viii. 41) gives many instances in which 
these instinctive efforts taught mankind the pro- 
perties of various plants, and the more simple sur- 
gical operations. The wild goats of Crete pointed 
out the use of the Dictamnus and vulnerary herbs ; 
dogs when indisposed sought the Triticum repens, 
and the same animal taught to the Egyptians the 
use of purgative, constituting the treatment called 
Syrmaism. The hippopotamus introduced the prac- 
tice of bleeding, and it is affirmed that the em- 
ployment of clysters was shown by the ibis. 
(Compare Pseudo-Galen, Introd. c. 1, p. 675.) 
Sheep with worms in their liver were seen seeking 
saline substances, and cattle affected with dropsy 
anxiously looked for chalybeate waters. We are 
told (Herod, i. 197 ; Strab. xvi. c. 1, ed. Tauchn. ; 
Pseudo-Galen, Introd. I. c.) that the Babylonians 
and Chaldaeans had no physicians, and in cases of 
sickness the patient was carried out and exposed 
on the highway, that any persons passing by who 
had been affected in a similar manner, might give 
some information respecting the means that had 
afforded them relief. Shortly afterwards, these ob- 
servations of cures were suspended in the temples 
of the gods, and we find that in Egypt the walls 
of their sanctuaries were covered with records of 
this description. The priests of Greece adopted 
the same practice, and some of the tablets sus- 
pended in their temples are of a curious character, 
which will illustrate the custom. The following 
votive memorials are given by Hieron. Mercuri- 
alis (de Arte Gymnast. Amstel. 4to. 1672, pp. 2, 3): 
— " Some days back a certain Caius, who was 
blind, learned from an oracle that he should repair 
to the temple, put up his fervent prayers, cross the 
sanctuary from right to left, place his five fingers 
on the altar, then raise his hand and cover his eyes. 
He obeyed, and instantly his sight was restored 
amidst the loud acclamations of the multitude. 
These signs of the omnipotence of the gods were 
shown in the reign of Antoninus." " A blind 
soldier named Valerius Apes, having consulted the 
oracle, was informed that he should mix the blood 
of a white cock with honey, to make up an oint- 
ment to be applied to his eyes, for three conse- 
cutive days : he received his sight, and returned 
public thanks to the gods." " Julian appeared 
lost beyond all hope from a spitting of blood. The 
god ordered him to take from the altar some seeds 
of the pine, and to mix them with honey, of which 
mixture he was to eat for three days. He was 
saved, and came to thank the gods in presence of 
the people." 

With regard to the medical literature of the 
ancients, " When " (says Littre', Oeuvres Com- 
pletes d'Hippocrate, vol. i. Introd. ch. 1. p. 3) 
" one searches into the history of medicine and the 
Commencement of the science, the first body of 



doctrine that one meets with is the collection of 
writings known under the name of the works of 
Hippocrates. The science mounts up directly to 
that origin and there stops. Not that it had not 
been cultivated earlier, and had not given rise to 
even numerous productions; but everything that 
had been made before the physician of Cos has 
perished. We have only remaining of them scat- 
tered and unconnected fragments ; the works of 
Hippocrates have alone escaped destruction ; and 
by a singular circumstance there exists a great gap 
after them, as well as before them. The medical 
works from Hippocrates to the establishment of 
the school of Alexandria, and those of that school 
itself, are completely lost, except some quotations 
and passages preserved in the later writers ; so that 
the writings of Hippocrates remain alone amongst 
the ruins of ancient medical literature." The 
Asclepiadae, to which family Hippocrates belonged, 
were the supposed descendants of Aesculapius 
( A<r/cAr;7nos), and were in a manner the heredi- 
tary physicians of Greece. They professed to have 
among them certain secrets of the medical art, 
which had been handed down to them from their 
great progenitor, and founded several medical 
schools in different parts of the world. Galen 
mentions (De Meth. Med. i. 1. vol. x. pp. 5, 6) three, 
viz., Rhodes, Cnidos, and Cos. The first of these 
appears soon to have become extinct, and has left 
no traces of its existence behind. From the second 
proceeded a collection of observations called Kci'- 
Smi Tvwixai, " Cnidian Sentences," a work of much 
reputation in early times, which is often mentioned 
by Hippocrates (de Rat. Vict, in Morb. Acut.),ani 
which appears to have existed in the time of 
Galen. (Comment.in Hippocr. lib.cit. vol.xv.p. 427.) 
The school of Cos, however, is by far the most 
celebrated, on account of the greater number of 
eminent physicians that sprang from it, and espe- 
cially from having been the birth-place of the great 
Hippocrates. We learn from Herodotus (iii. 131) 
that there were also two celebrated medical schools 
at Crotona in Magna Graecia, and at Cyrene in 
Africa, of which he says that the former was in 
his time more esteemed in Greece than any other, 
and in the next place came that of Cyrene. In 
subsequent times the medical profession was di- 
vided into different sects ; but a detailed account 
of their opinions is foreign to the object of the 
present work. The oldest, and perhaps the most 
influential of these sects was that of the Dogmaiici, 
founded about B.C. 400 by Thessalus, the son, and 
Polybus, the son-in-law of Hippocrates, and thence 
called also the Hippocratici. These retained their 
influence till the rise of the Empirici, founded by 
Serapionof Alexandria, and Philinus of Cos, in the 
third century B. c, and so called, because they 
professed to derive their knowledge from expe- 
rience only ; after which time every member of the 
medical profession during a long period ranged 
himself in one of these two sects. In the first 
century B. c, Themison founded the sect of the 
Metkodici, who held doctrines nearly intermediate 
between those of the two sects already mentioned. 
About two centuries later the Methodici were 
divided into numerous sects, as the doctrines of 
particular physicians became more generally re- 
ceived. The chief of these sects were the Pneu- 
matici and the Eclectici ; the former founded by 
Athenaeus about the middle or end of the first 
century a. d. ; the latter about the same time 1 



MEDICUS. 



MEDICUS. 



747 



either by Agathinus of Sparta, or his pupil Archi- 
genes. 

It only remains to mention the principal medical 
authors after Hippocrates whose works are still 
extant, referring for more particulars respecting 
their writings to the articles in the Dictionary of 
Bioyraj/hj. Cclsus i3 supposed to have lived in the 
Augustan age, and deserves to be mentioned more 
for the elegance of his style, and the neatness and 
judiciousness of hi3 compilation, than for any 
original contributions to the science of Medicine. 
Dioscorides of Anazarba, who lived in the first 
century after Christ, was for many centuries the 
greatest authority in Materia Medica, and was 
almost as much esteemed as Galen in Medicine 
and Physiology, or Aristotle in Philosophy. Are- 
tacus, who probably lived in the time of Nero, is 
an interesting and striking writer, both from the 
beauty of his language, and from the originality of j 
his opinions. The next in chronological order, and 
perhaps the most valuable, as he is certainly the 
most voluminous, of all the medical writers of anti- 
quity, is Galen, who reigned supreme in all mat- 
ters relating to his art till the commencement of 
modem times. He was born at Pergamus A. D. 
131, came early in life to Rome, where he lived in 
great honour, and passed great part of his days, 
and died a. t>. 201. After him the only writers 
deserving particular notice are Oribasius of Per- 
gamus, physician to the emperor Julian in the 
fourth century after Christ ; Aetius of Araida, 
who lived probably in the sixth century ; Alcx- 
and-r Trallianus, who lived something later ; and 
Paulus Aegineta who belongs to the end of the 
seventh. [W. A.G.] 

ME'DICUS (iarp6s), the name given by the 
ancients to every professor of the healine art, 
whether physician or surgeon, and accordingly both 
divisions of the medical profession will h-re be 
included under that term. In Greece and Asia 
Minor physicians seem to have been held in high 
esteem ; for, not to mention the apotheosis of 
Aesculapius, who was considered as the father of 
it, there was a law at Athens that no female or 
slave should practise it (Hyginus, Fab. 274) ; 
Aelian mentions one of the laws of Zalcucus 
among the Epizephyrian Locrians, by which it was 
ordered that if any one during his illness should 
drink wine contrary to the orders of his physician, 
even if he should recover, he should be put to 
death for his disobedience ( Var. Hist. ii. 37) ; 
and, according to Mead, there arc extant several 
medals struck by the people of Smyrna in honour 
of different persons belonging to the medical pro- 
fession. (lUssertatio de Nummis quihusdam a 
.Smyni'ieis in Afedicorum Hnnorem jiercusris, 4to. 
Land 1734.) If the decree of the Athenians 
(published among the letters of Hippocrat s) be 
genuine, and ifSoranus (in Vita Hi/i/xicr.) can be 
depended on, the same honours were conferred 
nan that physician as had before been given to 
HerenlM; he was voted a golden crown, publicly 
initiated into the Kleusinian mysteries, and main- 
tained in the Prvtancum at the state's expense. 
(Compare Plin. //. A', vii. 37.) 

As there were no hospitals among the ancients, 
the chief places of study for medical pupils were 
the 'AiDcATjiruio, or temples of Aesculapius, where 
the votive tablets furnished them with a collection 
of cases. The Asclepiadae |Mknii ina| were 
very strict in examining into and overlooking the 



character and conduct of their pupils, and the 
famous Hippocratic oath (which, if not drawn up 
by Hippocrates himself, is certainly almost as 
ancient) requires to be inserted here as being the 
most curious medical monument of antiquity. " I 
swear by Apollo the physician, by Aesculapius, 
by Hygeia, and Panaceia, and all the gods and 
goddesses, calling them to witness that I will fulfil 
religiously, according to the best of my power and 
judgment, the solemn promise and the written 
bond which I now do make. I will honour as 
my parents, the master who has taught me this 
art, and endeavour to minister to all his neces- 
sities. I will consider his children as my own bro- 
thers, and will leach them my profession, should 
they express a desire to follow it, without re- 
muneration or written bond. I will admit to 
my lessons, my discourses, and all my other 
| methods of teaching, my own sons, and those of 
my tutor, and those who have been inscribed as 
pupils and have taken the medical oath ; but no 
one else. I will prescribe such a course of regimen 
as may be best suited to the condition of my 
patients, according to the best of my power and 
judgment, seeking to preserve them from any- 
thing that might prove injurious. No induce- 
ment shall ever lead me to administer poison, nor 
will I ever be the author of such advice : neither 
will I contribute to an abortion. I will maintain 
religiously the purity and integrity both of my 
conduct and of my art I will not cut any one 
for the stone, but will leave that operation to 
those who cultivate it. Into whatever dwellings I 
may go } I will enter them with the sole view of 
succouring the sick, abstaining from all injurious 
views and corruption, especially from any immodest 
action, towards women or men, freemen or slaves. 
If during my attendance, or even unprofcssionally 
in common life, I happen to see or hear of any 
circumstances which should not be revealed, I will 
consider them a profound secret, and observe on 
the subject a religious silence. May I, if I 
rigidly observe this my oath, and do not break it, 
enjoy good success in life, and in [the practice of] 
my art, and obtain general esteem for ever ; should 
I transgress and become a perjurer, may the reverse 
be my lot." 

Some idea of the income of a physician in those 
times may be formed from the fact mentioned by 
Herodotus (iii. 131) that the Aeginetans (about 
the year B. c. 532) paid Democcdes from the 
public treasury one talent per annum for his ser- 
vices, i.e. (if we reckon, with Husscy, Ancient 
Weiyhis and Money, dr., the Aeginetan drachma 
to be worth Is. 3$d.) not quite 344/.; he after- 
wards received from the Athenians one hundred 
minae, i. e. (reckoning, with Hussoy, the Attic 
drachma to be worth 94//.) rather more than 400'/., 
and he was finally attracted to Samos by being 
offered by Polycrates a salary of two talents, i. e. 
(if the Attic standard be meant) 41(7/. 10». It 
should however be added, that Valckcnaer doubts 
the accuracy of this statement of Herodotus with 
respect to the Aeginetans and Athenians (and ap- 
parently with reason) on tin- "round that the latter 
people, at the time of their greatest wealth, only 
allowed their ambassadors two drachmae (or 
In. 7j'/.) per day, i.e. somewhat less than thirty 
pounds per annum. (Aristoph. Acharn. v. 66.) A 
physician, called by Pliny both Krasistratus (//. .V. 
xxix. 3) and Cleombrotus (//. A r . vii. 37), is said 



748 



MEDICUS. 



MEDIX TUTICUS. 



by him to have received one hundred talents for 
curing king Antiochus, which (if we suppose the 
Attic talents of the standard of Alexander's coin- 
age to be meant, which, according to Hussey, was 
worth 243^. 15s.) would amount to 24,375/.* It 
seems to have been not uncommon among the 
Greeks in those times (as afterwards in the later 
Roman empire, see Archiater) for states to 
maintain physicians, who were paid at the public 
cost (Xen. Mem. iv. 2. § 5 ; Plato, Gorg. § 23 ; 
Strabo, iv. p. 125; Diod. Sic. xii. 13); and these 
again had attendants, for the most part slaves, who 
exercised their calling among people of low condi- 
tion. (Plato, De Leg. iv. p. 720, ed. Steph.) 

The Romans derived their knowledge of me- 
dicine at first from the Etruscans, and afterwards 
from the Greeks. One of the most ancient cus- 
toms at Rome in order to ward off epidemic dis- 
eases, and to appease the anger of the gods, was 
the interrogating the books bought by Tarquin of 
the Sibyl. In the earlier times of the Roman 
republic physicians are said by Pliny to have been 
unknown (H. iV. xxix. 5) ; and for some time 
afterwards the exercise of the profession was in a 
great measure confined to persons of servile rank ; 
for the richer families having slaves who were 
skilled in all sorts of trades, &c, generally pos- 
sessed one or more that understood medicine and 
surgery. (Middleton's Essay, De Medicorum apud 
Romanos degentium Conditioue, Cantab. 1726, 4to. 
and the various answers to it that appeared on its 
publication.) To this practice, however, there 
were many exceptions, e.g. the physician who was 
taken prisoner with Julius Caesar by the pirates 
at the island of Pharmacusa (Sueton. J. Caes. 4), 
and who is called his friend by Plutarch (see 
Casaubon's note on Sueton.) ; Archagathus, who 
being the first foreign surgeon that settled at 
Rome, had a shop bought for him at the public 
expense, and was presented with the Jus Quiritium 
B. c. 219 (Cassius Hemina, ap. Plin. H. N. xxix. 
6) ; Artorius, who is known to have been a phy- 
sician (Cael. Aurel. De Morb. Acul. iii. 14. p. 224), 
and who is called the friend of Augustus (Plut. 
Brut. 41), where, however, it should be noticed 
that some editions read 'Avrdvios instead of 
'Aprtipios) ; Asclapo, whom Cicero calls his friend 
(ad Fam. xiii. 20) ; Asclepiades, the friend of 
Crassus the orator (Cic. de Orat. i. 14) ; Eude- 
mus, who is called by Tacitus (Anna!, iv. 3) the 
friend and physician of Livia ; and others. The 
hatred borne by Cato the Censor against the Greek 
physicians as well as the Greek philosophers at 
Rome is well known ; but it is not true that he 
caused them to be expelled from Rome. (See 
Sprengel, Hist, de la Med.) With respect to the 
income made by eminent physicians in the early 
times of Rome, the writer is not aware of any 
data for ascertaining it ; at the beginning of the 
empire, we learn from Pliny (H. N. xxix. 5) that 
Albutius, Arruntius, Calpetanus, Cassius, and Ru- 
brius gained 250,000 sesterces per annum, i. e. 
(reckoning with Hussey the mille nummi (sester- 
tium) to be worth, after the reign of Augustus, 
71. 16s. 3d.) 1953/. 2s. 6d. ; that Q. Stertinius 
made it a favour that he was content to receive 



* If, however, the Alexandrian standard, which 
is found in the coins of the Ptolemies, be meant, it 
would amount (reckoning the drachma as Is. 3%d.) 
to 39,375/. ; an almost incredible sum. 



from the emperor 500,000 sesterces per annum 
(or 3906?. 5s.), as he might have made 600,000 
sesterces (or 4687/. 10s.) by his private practice; 
and that he and his brother, who received the 
same annual income from the emperor Claudius, 
left between them at their death, notwithstanding 
large sums that they had spent in beautifying the 
city of Naples, the sum of thirty millions of ses- 
terces (or 234,375/.). 

Of the previous medical education necessary to 
qualify a physician at Rome for the legal practice 
of his profession in the early times, we know no- 
thing ; afterwards, however, this was under the 
superintendence of the archiatri. [Archiater.] 

Two other medical titles that we meet with 
under the emperors were latrosophista (see the 
word) and Aetuarius, 'AKrovapios. The latter was 
a title at the court of Constantinople, given appa- 
rently only to physicians, and quite distinct from 
the use of the word found in the earlier Latin 
authors. (See Du Cange, Gloss. Graec. vol. i. 
p. 46, and Possini, Gloss, ad Pachymer. Hist. An- 
dronici, vol. i. p. 366, &c. and vol. ii. pp. 468, 469.) 
Besides Joannes the son of Zacharias, who is better 
known by his title of Aetuarius than by his real 
name, several other physicians are recorded as 
having arrived at this dignity. [W. A. G.] 

MEDIMNUS (/ue'Si^voj or ixeSip.fos aiT-qphs), 
the principal dry measure of the Greeks. It was 
used especially for measuring corn. It contained 
6 liectes, 12 hemieeta, 48 clioenices, 96 xestae (sex- 
tarii), 192 cotylae, and 1152 eyaihi. The Attic 
medimnus was equal to six Roman modii, or two 
amphorae (Nepos, Att. 2 ; Cic. in Verr. iii. 45, 46, 
49 ; Suidas, s. v. ; Rhemn. Fann. v. 64.) 

Suidas makes the medimnus = 108 litrae, con- 
founding it apparently with the metretes, the chief 
Greek fluid measure, which was three quarters of 
the medimnus. The medimnus contained nearly 
1 2 imperial gallons, or 1£ bushel. This was the 
Attic medimnus ; the Aeginetan and Ptolemaic was 
half as much again, or in the ratio of 3 : 2 to the 
Attic. For the values of the subdivisions of the 
medimnus see the Tables. (Bb'ckh, Metrol. Unfer- 
such. pp. 202—204.) [P. S.] 

MEDITRINA'LIA was one of the festivals 
connected with the cultivation of vineyards. It 
took place on the eleventh of October, on which 
day the people of Latium began to taste their new 
wine (mustum), and to offer libations of it to the 
gods. In drinking the new wine it was customary 
to pronounce the words : " vetus novum vinum 
bibo, novo veteri morbo medeor." (Varro, de Ling. 
Lat. vi. 21 ; Festus, s. v. Meditrinalia.) Varro 
derives the name of the festival from the healing 
power of the new wine, but Festus speaks of a 
goddess Meditrina. [L. S.] 

MEDIX TUTICUS, the name of the supreme 
magistrate among the Oscan people. Medix ap- 
pears to have signified a magistrate of any kind 
(meddix apud Oscos nomen magistratus est, Festus, 
s.v. p. 123, ed. Miiller), and tuticus to have been 
equivalent to magnus or summus. Livy, therefore, 
in calling the medix tuticus the summus magis- 
tratus, gives a literal translation of the word. In 
the time of the second Punic war, the Campanians 
were governed by the medix tuticus, who seems 
to have been elected annually (Liv. xxiii. 35, xxiv. 
19, xxvi. 6); and we may infer from a line of 
Ennius (apud Fest. s. v.), " Summus ibi capitur 
meddix, occiditur alter," that there was another 



MENELAEIA. 



MEXSA. 



749 



magistrate of the same name under him, who 
perhaps took his place in case of death, or of his 
being incapacitated by illness or other causes from 
discharging his duties. In Oscan inscriptions the 
name occurs in the form of meddiss tuitiks; so that 
the orthography of Festus is more correct than 
that of Livy, which is placed at the head of this 
article. (Lepsius, Inscr. L'mbr. et Oscae.) 

MEGALE'SIA, MEGALENSIA, or MEGA- 
LENSES LUDI,a festival with games celebrated 
at Rome in the month of April and in honour of 
the great mother of the gods (Cybele, neyd\i) deos, 
whence the festival derived its name). The statue 
of the goddess was brought to Rome from Pessinus 
in the year 203 B. c, and the day of its arrival 
was solemnised with a magnificent procession, lecti- 
sternia, and games, and great numbers of people 
carried presents to the goddess on the Capitol. 
(Varro, de Liny. Lat.vi. 15 ; Liv. xxix. 14.) The 
regular celebration of the Megalesia, however, did 
not begin till twelve years later (191 B. c), when 
the temple which had been vowed and ordered to be 
built in 203 B. c, was completed and dedicated by 
M. Junius Brutus. (Liv. xxxvi. 36.) But from 
another passage of Livy (xxxiv. 54) it appears 
that the Megalesia had already been celebrated 
in 193 B.C. The festival lasted for six days, be- 
ginning on the 4th of April. The season of this 
festival, like that of the whole month in which it 
took place, was full of general rejoicings and feast- 
ing. It was customary for the wealthy Romans 
on this occasion to invite one another mutually to 
their n-pasts, and the extravagant habits and the 
good living during these festive days were pro- 
bably carried to a very high degree, whence a 
senatusconsultum was issued in 161 B. c, pre- 
scribing that no one should »•> beyond a certain 
extent of expenditure. (Gellius, ii. 24 ; compare 
xviii. 2.) 

The games which were held at the Megalesia 
were purely scenic, and not circenses. They were 
at first held on the Palatine in front of the temple 
of the goddess, but afterwards also in the theatres. 
(Cic. de lluruxp. Iiexp. 11, &c.) The first ludi 
scenici at Rome were, according to Valerius An- 
tiaa, introduced at the Megalesia, >. e. either in 1 93 
or 191 B. c. The day which was especially set 
apart for the performance of scenic plays was the 
third of the festival. (Ovid. Fast. iv. 377 ; Acl. 
Spartian. Antonin. Carac. c. 6.) Slaves were not 
permitted to be present at the games, and the ma- 
gistrates appeared dressed in a purple toga and 
praetexta, whence the proverb, purpura Aleyalimsi.i. 
The games were under the superintendence of the 
curule aediles (Liv. xxxiv. 54), and we know that 
four of the extant plays of Terence were performed 
at the Megalesia. Cicero (de Harusp. Uerp. 12), 
probably contrasting the games of the Mcgalesia 
with the more rude and barbarous games and ex- 
hibitions of the circus, calls them maxime canti, 
lolrmnrs, religiosi. (See Ovid. Fast, iv. 179 — 372 ; 

P. Ifanuthu, ad Cic ml Famil. ii. 1 1.) [L. S.J 
MELLEIREN (nt\\*ifrni>). [Eikkn.J 
M KM BR A N A. [Libbb.] 
M KNKLA KI A (n»vt\dtia),n f. -tival celebrated 
■iThempnae in Laconia, in honour of Menclaus and 
Helena, who were believed to be buried there. 
(Pain. iii. 19. 8 9.) Mcnelnus was to the Lacedae- 
monian* what Ni-Htor w.n to tin- Mi-nrniain, ;i d. l 

of a wise and just king, and hence they raised him to 
the rank of one of the gTeat gods (Isocrat. Panath. 



p. 247, B. ), and honoured him and Helena with 
annual and solemn sacrifices at Therapnae, which 
continued to be offered in the days of Isocrates. 
(Helen. Encom. p. 211!, d.) These solemnities are 
sometimes called 'EKevia. (See Creuzer, Symbol. 
iii. p. 3!!.) [L. S.] 

MEXSA (Tpa7r<=£o), a table. The simplest 
kind of table was one with three legs, round, 
called dUiba (Festus,.*. r.j Varro, de Ling. Lat. v. 




25. p. 123, cd. Spengel ; Hor. Sat. i. 3. 13 ; Ovid. 
Met. viii. 662), and in Greek rphovs. (Xen. 
A nab. vii. 3. § 10; Athen. iv. 21, 35, v. 28.) It 
is shown in the drinking-scene painted on the wall 
of a wine-shop at Pompeii. (Gell's Pompeiana, 
1832, voL ii. p. 11.) (See woodcut.) The term 
Tfja-rre^a, though commonly used in Greek for a 
table of any kind, must, according to its etymology, 
have denoted originally a four-legged table. Ac- 
cordingly, in paintings on vases, the tabb s are 
usually represented with four legs, of which an 
example is given in the annexed cut. (Millin, 




Peinturesde Vases Anlir/urs, vol. i. p|. 59.) Horace 
used at Rome a dining-table of white marble, thus 
combining neatncBS with economy. (Sat. i. 6. 1 16.) 
For the houses of the opulent, tables were made of 
the most valuable and beautiful kinds of wood, 
especially of maple (ir<p(vSdftviyri, Athen. ii. 32 ; 
aei rna, I lor. Sat ii. 8. 10; Mart. xiv. 90), or of 
the citrus of Africa, which was a species of cy- 
press or juniper, (f'itrea, Cic I'err. iv. i7 ; Mart, 
ii. 43, xiv. 89 ; Plin. //. N. xiii. 29.) For this 
purpose the Romans made use of the roots and 
tubers of the tree, which, when cut, displayed the 
greatest variety of sjxits, beautiful waves, and curl- 
ing veins. The finest specimens of tables so 
adorned were sold for manv thousand pounds. 
(Plin. //. .V. xiii. 29, xvL 26, 84 ; Tertull. de 
Pallia, tub fin.; A. Aikin, On Ornamrntal W'muls, 
pp. 23, 24.) Besides the beauty of the boards 
I /iriOVj^iara) the legs of these tables were often 
very tasteful, being carved in imitation of lion's or 
tiger's feet, and made of ivory. (Athen. /. c. ; 
Mart. ii. 43. 9.) 

One of the principal improvements was the in- 



750 



MENSARII. 



MENSURA. 



vention of the monopodium, a round table {orhis) 
supported by a single foot ; this, with other 
elegant kinds of furniture, was introduced into 
Rome from Asia Minor by Cn. Manlius. (Plin. 
H.N. xxxiv. 8.) Under the Roman emperors semi- 
circular tables were introduced, called mensae 
lunatae from comparing them to the half-moon, and 
sigmata, because they had the form of that letter, 
C. (Lamprid. Hel. 25, 29.) This lunate table 
was surrounded by a sofa of the same form, called 
stibadium, which was adapted to hold seven or 
eight persons. (Mart. x. 48, xiv. 87.) 

As the table was not very large, as we see from 
the preceding cut, it was usual to place the dishes 
and the various kinds of meat upon it, and then to 
bring it thus furnished to the place where the 
guests were reclining : hence such phrases as men- 
sam apponere or opponere (Plaut. Asm. v. 1. 2, 
Most. i. 3. 150 ; Cic. ad. Att. xiv. 21 ; Ovid, Met. 
viii. 570), and mensam auferre or removere. (Plaut. 
Amphit. ii. 2. 175 ; Virg. Aen. i. 216.) As the 
board of the table is called by a distinct name 
eViflT/jUa (Athen. I. e. ; Pollux, x. 81), it appears 
that it was very frequently made separate from the 
tripod or other stand (niWigas) on which it was 
fixed. 

Among the Greeks the tables were not covered 
with cloths at meals, but were cleansed by the 
use of wet sponges (Horn. Od. i. Ill, xx. 151 ; 
Mart. xiv. 144), or of fragrant herbs. (Ovid.il/rf. 
viii. 665.) The Romans used for the same pur- 
pose a thick cloth with a long woolly nap (gau- 
sape, Hor. 1. c. ; Heindorf in loc.) 

Under the influence of the ideas of hospitality, 
which have prevailed universally in the primitive 
states in society, the table was considered sacred. 
(Juv. ii. 110.) Small statues of the gods were 
placed upon it. (Arnob. co?itra Gentes, lib. ii.) On 
this account Hercules was worshipped under the 
title rparr^ios and £-n-iTpaire(tos. The Cretans 
ate in public ; and in the upper part of their 
avSpewv, or public dining-room, there was a con- 
stant table set apart for strangers, and another 
sacred to Jupiter, called rpaw£(a feci'a, or Aios 
£eviov. (Athen. iv. 22 ; Hock's Kreta, vol. iii. 
pp. 120—128.) 

The two principal courses of a SeTirvov and coena, 
or a Greek and Roman dinner, were called respect- 
ively irpwrrj Tpdwt^a, Sevrtpa rpdwefa, and mensa 
prima, mensa secunda. [Coena.] 

The name of rpdirefa or mensa was given to a 
square tomb-stone (Becker, Ckarihles, vol. ii. 
pp.191, 193) [Funus, p. 556, b.] ; and the same 
name was also given to square altars. Every curia 
at Rome had an altar, called mensa, which was 
sacred to Juno Curitis. (Dionys. ii. 50 ; Festus, 
pp. 49, 64, 156, ed Muller ; Macrob. Sat. iii. 11 ; 
Becker, Rom. Alterth. vol. ii. pt. i. p. 34.) [J. Y.] 

MENSA'RII, MENSULA'RII, or NUMU- 
LA'RII, were a kind of public bankers at Rome 
who were appointed by the state ; they were dis- 
tinct from the argentarii, who were common 
bankers and did business on their own account. 
(Dig. 2. tit. 13. s. 6.) The mensarii had their 
banks {mensae) like ordinary bankers around the 
forum, and in the name of the aerarium they of- 
fered ready money to debtors who could give se- 
curity to the state for it. Such an expediency 
was devised by the state only in times of great 
distress. The first time that mensarii {quinqueviri 
mensarii) were appointed was in 352 b. c, at the 



time when the plebeians were so deeply involved 
in debt, that they were obliged to borrow money 
from new creditors in order to pay the old ones, 
and thus ruined themselves completely. (Liv. vii. 
21 ; compare Fenus (Roman) and Argen- 
tarii.) On this occasion they were also autho- 
rized to ordain that cattle or land should be re- 
ceived as payment at a fair valuation. Such bankers 
were appointed at Rome at various times and 
whenever debts weighed heavily upon the people, 
but with the exception of the first time they ap- 
pear during the time of the republic to have always 
been triumviri mensarii. (Liv. xxiii. 21, xxvi. 36.) 
One class of mensarii, however (perhaps an inferior 
order), the mensularii or numularii, seem to have 
been permanently employed by the state, and 
these must be meant when we read that not only 
the aerarium but also private individuals deposited 
in their hands sums of money which they had to 
dispose of. (Tacit. Annal. vi. 17 ; Dig. 16. tit. 3. 
s. 7 ; 42. tit. 5. s. 24.) As Rome must have often 
been visited by great numbers of strangers, these 
public bankers had also, for a certain percentage, 
to exchange foreign money and give Roman coinage 
instead, and also to examine all kinds of coins 
whether they were of the proper metal and ge- 
nuine or not. (Dig. 46. tit. 3. s. 39.) During the 
time of the empire such permanent mensarii were 
under the control of the praefectus urbi and formed 
a distinct corporation. (Dig. 1. tit. 12. s. 1 ; Cod. 
Theod. 16. tit. 4. s. 5.) 

Bankers appointed by the state also existed in 
other ancient towns, and Cicero {pro Place. 19) 
mentions mensarii at Temnos in Asia Minor who 
were appointed by the people. [L. S.] 

MENSIS. [Calendarium.] 

MENSO'RES, measurers or surveyors. This 
name was applied to various classes of persons 
whose occupation was the measurement of things. 

1. It was applied to land-surveyors who mea- 
sured and defined the extent of fields, and appear 
to have been the same as the agrimensores. (Colum. 
v. 1 ; compare Agrimensores.) 

2. To persons who measured in the Roman 
camps the space to be occupied by the tents. They 
must be distinguished from the metatores, who 
selected the place for a camp. (Veget. de Re Milit. 
ii- 7.) ' . 

3. To a class of officers during the time of the 
empire who provided quarters for the soldiers in 
the towns through which they passed and where 
they made a temporary stay. They not only as- 
signed to each soldier the house in which he was 
to be quartered, but also wrote the name of the oc- 
cupant upon the door-post, and he who effaced or 
destroyed this name was punished as a falsi reus. 
(Cod. Theod. 7. tit. 8. s. 4.) 

4. Mensor aedificiorum is sometimes applied to 
architects, or more especially to such architects as 
conducted the erection of public buildings, the 
plans of which had been drawn up by other archi- 
tects. (Plin. Epist. x. 28 and 29.) 

5. Mensores frumentarii was the name of officers 
who had to measure the corn which was conveyed 
up the Tiber for the public granaries. (Dig. 27. 
tit. 1. s. 26 ; Cod. Theod. 14. tit. 9. s. 9 ; and 
tit. 15. s. 1.) They were stationed in the port 
near Ostia, and were employed under the praefectus 
annonae. Their name is mentioned in various 
ancient inscriptions. [L. S.] 

MENSU'RA {utTpov), measure, in its widest 



MENSURA. 



MEXSURA. 



751 



sense, signifies the application of number to quan- 
tity ; or, 10 speak more specifically, the comparison 
of different quantities by means of the standard of 
number. So long as we regard quantity apart 
from number, we can only compare two quantities 
by the test of coincidence, by which we ascertain 
whether they are equal or unequal, and, if the 
latter, which of the two is the greater ; as, for in- 
stance, in the case of two lines. The next step is 
the comparison of one magnitude with certain de- 
finite parts, or multiples, of the other, its half or 
double, third or triple, and so forth. The last 
step, by which we attain to a complete method of 
expressing magnitude numerically, is the choice of 
some fixed magnitude, or Unit, with which we 
may compare all other magnitudes of the same kind, 
so as to ascertain what multiple, part, or parts 
of the unit each of them is, if they are commen- 
surable, and, if not, as nearly as we please. Thus 
the unit, in itself, or in its parts, forms a Measure of 
all magnitudes of the same kind as itself. A set 
of fixed measures, one for each kind of quantity, 
with their subdivisions, forms a Metrical System. 

The notions which lie at the foundation of ma- 
thematical and mechanical science determine of 
themselves the foundation of every metrical system. 
Those notions are Extension and Force ; the former 
in its various kinds, the line, the surface, the solid, 
and the angle ; the latter in that manifestation of 
it which we call iceig/d. Now, since extension, 
whether linear, superficial, or solid, can be esti- 
mated bv means of one straight line ; or by means 
of two straight lines which form a fixed angle with 
one another, and which, together with two other 
lines drawn parallel to them, enclose a surface ; or 
by means of three straight lines, the planes passing 
through which form a fixed solid angle, and, to- 
gether with three other planes drawn parallel to 
them, form a solid : — it follows that all these three 
kinds of magnitude may be estimated numerically 
by fixing upon units which are respectively a 
straight line, a parallelogram having two adjacent 
sides and an angle fixed, and a parallelopipcd 
bavinz three adjacent cdtres and an angle fixed ; 
or, simplifying the two latter cases by making the 
fixed sides equal and the fixed angles right angles, 
the units are (1) a straight line of fixed length, 
(2) the ttfuare of tchich that straight tine is a side, 
and (3) Vie cube of which that line is tlie edge. 
Thii.« we obtain a metrical system for length, surface, 
and citpaeily. 

For the measurement of angular magnilurle, or, 
which is the same thing, of distance reckoned along 
the circumference of a circle, one unit is sufficient, 
namely, a fixed angle, which will exactly measure 
the sum of four right angles, or a fixed arc of a 
fixed circle, which will exactly measure the cir- 
cumference of the circle. Thus we obtain a me- 
trical system for all angular mugintwb:*, itu-hnlmg 
Time. 

Again, with respect to Force, of which the test 
is tceight, since all forces may be compared, cither 
dim tlv, or through the calculation of the velocities 
which they produce, with the force of gravity. 
There are two ways of estimating weight Either 
its measure may be deduced from the measure of 
capacity ; for, as the weight of a l>ody depends on 
the quantity of matter in a given space, estimated 
by the effect which the force of gravity exerts upon 
it, we may take the quantity of a fixed kind of 
matter (water for example) which will exactly fill 



the unit of capacity, as the unit of weight. Or 
we may take a bulk of any substance, without 
measuring it, as the unit of weight. In the latter 
case it is evident that, by measuring the solid con- 
tent either of the unit of weight, or of an equal 
weight of some other substance, we might derive 
from our system of weights a system of measures, 
first, of capacity, and thence of surface, and thence 
of linear distance ; just as by the opposite process 
we pass from the line to the surface, thence to 
capacity, and thence to weight. 

The statement of these elementary principles, in 
as brief a form as is consistent with clearness, has 
appeared necessary, in order to the complete un- 
derstanding of the metrical systems of the Greeks 
and Romans, the explanation of which is the object 
of this article. 

I. Origin of Measures. 
1. Of Length. — The first step in the construction 
of a metrical system is obviously that of fixing upon 
the unit of length ; and nature itself suggests the 
choice, for this purpose, of some familiar object, of 
nearly uniform length, and which is constantly at 
hand to be referred to. These conditions are fulfilled 
by various parts of the human body ; from which 
accordingly we find that not only the unit of 
length, but all the measures of length, except 
those which are too small or too large to be mea- 
sured by parts of the body, are derived in every 
metrical system, except the latest formed of all, 
the modem French system, which is founded on the 
measurement of the earth. In support of the 
general statement now made we have, besides the 
antecedent argument from the nature of the case, 
the testimony of all writers, the names of the 
measures, and the general agreement of their 
lengths with the parts of the body whose names 
they bear. (Horn. //. vi. 319, xv. 678, Od. xi 
310 ; Vitruv. iii. 1. § 2 — 9, with Schneider's 
Notes; Hero, Geom. in Anal. Graec. Paris, 1688, 
vol. L pp. 308—315, 388 ; Diog. Laert. ix. 51 ; 
Ukert, Geog. d. GriecJi. u. horn. vol. i. pt. 2, 
p. 54.) The chief of such measures, with their 
Greek and Roman names, are the following : the 
breadth of & finger ( SoktuAos, digitus) or thumb 
(pol/ex) ; the breadth of the hand, or palm (iro- 
Kai<7ri], palmus) ; the span, that is, the distance 
from the tip of the thumb to the tip of the little 
finger, when spread out as wide as possible 
(amOafiii) * ; the length of the/rx>< (iroCr, fies) ; 
the cubit, or distance from the elbow to the tip of 
the middle finger (jrijxui, cubitus) ; a step (/3ij/ua, 
ijradus) ; a double step, or pace (passus) ; and the 
distance from extremity to extremity of the out- 
stretched arms (opyvtd). With reference to the 
last two measures, it will be observed that the 
Romans derived them from the legs, the Greeks 
from the arms, the passus being one foot shorter 
than the bpyvii of the other, and the former (5 feet) 
belonging to the decimal system, the latter ( fi feet) 
to the duodecimal. The higher measures of 
length will be referred to presently. Comp. Pol- 
lux, ii. 157, 158 ; who also mentions some less 
important measures ; namely, the SoxM'h or Jtuc- 
tuAo8($x/"I or Bupov, which was the same as the 
iroAotiTT^ ; the 6p$o$wpov, or the length of the 

* This measure was not in the Roman system. 
When they wished to express the (ireek span, 
the proper word was dudrans, that is, three .;u. tr- 
iers (of the foot). 



752 



MENSURA. 



MENSURA. 



whole hand from the wrist to the tips of the fin- 1 
gers ; the Aixas or distance from the tip of the 
thumb to the tip of the forefinger (AixavSs) when 
extended, the lesser span ; the irvyaiv and irvyfjA] 
were modifications of the Trrjxvs, the trvywv being 
the distance from the elbow to the fingers when 
bent, that is, to the knuckle joints, the trvyp.i] from 
the fingers when shit, that is, to the joints at their 
base. Other writers mention the /coV5i/Aos, knuckle, 
as equal to two SaKTuAoi. 

In practical use, such a system as this is suffi- 
cient for many ordinary purposes, and every one is 
familiar with examples of the use of such mea- 
sures in their plain physical sense. But, to make 
a system definite, two things are required ; namely, 
to fix upon a precise invariable standard for the 
unit, or principal measure in the system, for which 
the foot was naturally chosen ; and, secondly, to 
determine the precise relations which the several 
measures bear to the foot and to one another. The 
former of these points we reserve for the present, 
merely observing that the foot in each system was 
not very far from ours ; the latter was accomplished 
according to the following system, which will be 
found to express, not only the relations actually 
adopted by the Greeks and Romans, but also verj r 
nearly those which really exist between the parts 
in a well-made man, especially according to the 
standard of the Roman foot. It is worth while 
also to observe the general accordance, which re- 
sults from this method of invention, between the 
metrical systems of all nations. 

The Greek and Roman systems are identical in 
their modes of connecting the measures which are 
common to the two ; but, to avoid confusion, they 
are exhibited separately. 

1. In the Greek system — 

4 digits . make . a palm. 

3 palms " .a span. 

4 palms . " .a foot. 
1^- spans " .a foot. 
2 spans " .a cubit. 
1£ feet " .a cubit. 
21 feet " .a step. 

4 cubits . " .an bpyvid or fathom* 
6 feet . " .an bpyvid, or fathom. 

2. In the Roman system — 

4 digits . . make . . a palm. 

4 palms . . " . . a foot, 
li feet . . " . . a cubit. 
2i feet . . " . . a step. 

5 feet . . " . . a pace. 

It will be observed that in this account of the 
Greek and Roman systems nothing has been said 
of the inch. It was not a measure derived from 
the human body, but a subdivision which the 
Romans made of their foot, as they were accus- 
tomed to subdivide any unit whatsoever, according 
to the analogy of the uncial division of the As. 
A more complete view of the Greek and Roman 
measures of length, with their values, reduced to 
our system, will be found in the Tables appended 
to this work. 

2. Itinerary Measures. — For the higher mea- 
sures of length, although the continuity of the 
system was preserved by making them exact mul- 

* This word is used as being about the value of 
the measure, for want of an English word to ex- 
press its meaning. 



tiples of a foot, yet it is obvious that conve- 
nience would demand higher denominations, one 
of which would be regarded as a new unit. 
Nay, these higher measures may be viewed, 
with respect to their origin, as in some sense in- 
dependent of those smaller measures, with which 
they were afterwards made to agree. For, just as 
we have seen that the smaller measures of length 
are taken from natural objects, so we shall find 
that, at an early period, the larger measures were 
not derived artificially from the smaller, but were 
taken from distances which occur in nature and in 
ordinary life. Thus, Homer expresses distances 
by the cast of a stone (II. ii. 12 ; and so even in 
later times, Thuc. v. 65, Polyb. v. 6), of a quoit 
(II. xxiii. 431), and of a spear (11. x. 357, xv. 358, 
xxiii. 529), and by the still more indefinite descrip- 
tion, " as far as a man is heard clearly when he 
shouts " (Od. vi. 294, v. 400, et alib.), and again 
by a standard derived from agriculture, which it is 
important to notice in comparison with the Roman 
actus (II. x. 352 ; see below.) Of still longer distances 
time was made the measure ; the journey of a day, 
or of a day and night, on foot, with a horse, or with 
a ship ; a system too frequently employed now, as 
well as in ancient times, to need the citation of ex- 
amples for its illustration. (Comp. Ukert, Geoff, 
d. Griech. u. Rom. vol. i. pt. 2, pp. 54, 55.) The 
system of measurement by stations or posts should 
probably be referred to this head, as it is most 
likely that such distances would be fixed according 
to the strength of man or horse before the trouble 
was taken actually to measure them out. Another 
plan was that which Herodotus several times adopts, 
and which is also familiar to all ages, the descrip- 
tion of one distance by comparing it with another, 
which was well known. It is true that in many 
cases this method is evidently only general and in- 
definite, as when Herodotus describes the length 
of the Nile as equal to that of the Danube, but 
there are other cases in which the method was 
definite ; and especially one case, in which it 
actually formed the foundation of the common sys- 
tem of itinerary measures among the Greeks. We 
refer, of course, to the length of the Olympic foot- 
race-course, or Stadium, after which all the other 
Greek stadia were measured out, and which thus 
formed a universally familiar standard of reference 
for itinerary measurements. Whether the Olympic 
stadium was originally measured out precisely equal 
to 600 feet, or whether, having been accidentally 
(or at least loosely) assumed, it was found to be so 
nearly equal to 600 feet, that the measure derived 
from it was taken at exactly 600 feet, it is now im- 
possible to determine. We think the latter more 
probable ; but, whichever may be the truth, the 
point now insisted upon is not affected, namely, 
that when an early Greek writer expressed a dis- 
tance in stadia, he did not mean to suggest to his 
readers the idea of so many times 600 feet, but of 
so many times the length of the actual objective 
Olympic stadium, with which they were all familiar. 
The corresponding feature in the Roman system 
furnishes an interesting illustration of the differences 
of national character. The military notions, which 
lie at the basis of so many of their institutions, are 
at once recognised in their mile, the thousand paces 
of a foot-march. 

3. Land Measures. — Another distinct source 
of the greater measures of length is to be found 
in the necessity which arises at an early period in 



MENSURA. 



MEXSURA. 



753 



every civilised community for determining the 
boundaries of land. Herodotus (ii. 109) men- 
tions a tradition, which assigned the invention 
of geometry to such a necessity which arose in 
Egypt in the reign of Sesostris. Of course this 
tradition is now referred to merely as an illustra- 
tion, not as expressing an historical fact. As in 
the other cases, the origin of the system lies far 
back beyond the reach of history ; and all that can 
be done is to trace, with some probability, its suc- 
cessive steps, as indicated by the nature of the 
case, by the name3 of the measures, and by the 
statements of ancient writers. Here too, as in the 
itinerary distances, the original unit of the system 
was probably not a specific number of feet, but 
some natural quantity, which was afterwards brought 
into accordance with the standard of the smaller 
measures. Also it is to be observed, that these 
measures are, from the nature of the case, measures 
of surface, although in practice they were often 
used merely as measures of length. The precise 
fact seems to be that the first natural measure of 
the sort was one of a considerable length and a very 
moderate breadth ; that then, this measure came 
to be used as a measure of length alone ; and then, 
for the measure of surface connected with it, they 
did not revert to the original narrow strip, but took 
the square of its length. This seems to follow 
from what the ancient writers tell us of the actus, 
which was the base of the Roman system of land 
measures, amd which is thus defined by Pliny : 
Actus vocalialur in quo ln,xes ayercntur cum aratro 
uno impitu Jutto (II. .V. xviii. 3) ; by which he 
seems to mean the distance which a yoke of oxen 
could draw a plough at one effort, that is, a sinyle 
furrotv : this, he adds, is 120 feet in length. So 
aba Homer (II. x. 351, 352) describes a distance 
as being " as far as are the furrows of mules." We 
have, as analogous measures, the versus, or length 
of a furrow before the plough was turned, by which, 
Varro tells us {Ii. It. i. 10), they measured in Cam- 
pania, the jut/urn (yoke of oxen) by which, he says, 
they measured in further Spain, and the Greek 
Upovpa, a furrow ; though the jugum was perhaps 
never any thing else but a measure of surface, for 
it is defined as the quantity of land which a yoke 
of oxen could plough in a day. Even with respect 
to the mius itself, a doubt as to its origin is sug- 
gested by the use of the word in Roman law for 
the right of driving cattle through a field (Cic. p. 
( 'tit-rin. 20), and also for the path reserved between 
fields for the passage of cattle (Oil/.) just as we 
also use the word drove. Possibly, in the actus, as 
determined in length at 120 feet, and in width at 
4, we may have both senses of the word combined. 
The length of this actus, squared, gave the actus 
quailralus of 1-1,-100 square feet, which, with its 
double, the jugerum of 2((,>!00 square feet, formed 
the base of the Roman system of land measures. 
Two juyera, which, according to Varro ( <-.), ! < -ini'-'l 
originally the birth-right of every Roman citizen, 
w ere thence called hcredium ; 100 lurrdin made a 
ccnturia of 5,700,000 square feet, or the square of 
2100 ; 1 crnturiuc, arranged as a square, made a 
taltus. In this system, the smallest subdivision, 
nnd that which connected the system with the 
foot, was the area of 100 square feit, or the square 
of ten feet, which was the length of tin- pole [ \ H: 
ckmi'Kiia ; Pkiitii a] used in measuring land. To 
l\w juyrrnm, which gradually superseded the actus 
ns the unit of the system, tiie uncial division was 



applied, the square of the decemjieda (or 100 
square feet) being its scrupulum or 2!itith part 
Also 36 scrupu/a made one clima, and 4 climaki 
one actus quadrutus. In the longitudinal actus of 
120 feet, the oblong actus of 120 x 4 (or 480), 
square feet, and the actus quadrutus, with its 
double the jugerum, we also see the connection of 
the duodecimal system with the decimal. 

In the corresponding part of the Greek system, 
the ir\e@pov answers to the actus, but with just 
the difference between the decimal and duodeci- 
mal systems. As a measure of length, it is 100 
feet (10 x 10 instead of 12 x 10) ; and as a mea- 
sure of surface, it is the square of 100, or 10,000 
square feet The Ixpoupa was the quarter of it, 
that is, 2500 square feet, or the square of 50 
feet. A measuring rod of 10 feet, KaAafios, ap- 
pears also in the Greek system, and of this the 
ir\i9pov was the square. Also, 6 koAo/ugi or 10 
opyvta't or 40 Trr/xcis made one afifia or chain. 
This system was connected with the itinerary 
measures by reckoning G plethra or 100 opyviat 
to the stadium. (Herod, ii. 149.) For a com- 
plete view of the Greek and Roman measures of 
length and surface, see the Tables ; and, respect- 
ing the Roman land measures, compare Actus, 
A(;rimensores, Decempeda, Jugerum, and 
Nicbuhr's Essay On the Iiomun Mode of par- 
titioning Landed Property, History of Home, vol. 
ii. app. i. 

4. Measures of Capacity. — The measures of 
capacity seem to have been arranged on a similar 
principle to those already noticed ; that is, they 
were not derived by a definite process of calcu- 
lation from the measures of length, but were ori- 
ginally nothing more than the names of different 
sized vessels of no very definite capacity, which, 
when the metrical system came to be definitively 
constituted, were brought into harmony, on the 
one hand with the measures of length, on the 
other with those of weight. 

The question still remains, which of the three 
kinds of measures was the one first constructed, 
and the one from which the others were derived. 

II. W/icncc were the Greek and Roman Measures 
derived t 

In all that we have said about the origin of 
measures of length, it has neither been stated 
nor implied that these measures, df finitely fued 
by the jirecise determination of their unit, were ob- 
tained in the manner and order that lias been de- 
scribed. All that has been said may In- true, as 
we believe it is, and yet the question, What tca$ 
the foot, and WHENCE litis it dvrirctl, still remains 
unanswered. To this question we now proceed. 

Our limits quite forbid the full discussion of the 
various opinions which have been put forward on 
this subject, or even the elaborate development 
of that view which we believe to be the correct 
one ; and which is, in the main, that which ha* 
been put forward by lldckh in his very careful 
and learned work entitled, Mitroliujische Cutrrsu- 
fhuiiijfn i/Aer f,'ncifhtf, Miinzf i/sw und Mtis,f '/< s 
Altcrthumt in ihn-m Zusiiminrnhiiinif , llerlin, 1 11311, 
fivo., and to the princi|«l points in which Mr. 
firotc assents, in his review of lliickh's work in 
the Classical Muu um for 11144, vol. i. p. 1. The 

two chief questions involved in the .• n arc 

these: — 1. Whence were the (Jrcek and Honinn 
metrical systems derived ? 2. In each of thoto 
3c 



754 



MENSURA. 



MENSURA. 



systems, which of the three kinds of measure 
formed the foundation, from which the other two 
were deduced, length, capacity, or weight ? 

On the first of these questions our space allows 
us to do little more than refer the reader to Bockh's 
elaborate exposition of the opinion, in which few 
competent readers of his work will fail to coin- 
cide, that the basis of the Greek and Roman me- 
trical systems was that which had prevailed from 
very early times among the Chaldaeans at Babylon, 
from which or from some common original the 
Egyptians derived their metrical system ; and 
which was carried by the commerce of the Phoe- 
nicians into Greece, whence it passed over into 
Italy. On the second question, his researches, as 
well as the arguments of other writers, may safely 
be said to have established the position that 
weights were determined before measures, and that 
measures were derived from weights. 

It will be convenient here to give Bockh's own 
compendium of the main results which he under- 
takes to establish, with Mr. Grote's statement of 
the points in which he differs from Bo'ckh. We 
adopt Mr. Grote's translation of the passage, only 
substituting^ef/wicte for Aeginaean. " If" (Bockh 
says, iii. 4. p. 26) "we regard this relation of the 
weights and measures*, based upon a given weight 
of water, which is the key-stone of the Roman 
system — and if we carry the application of this 
water-weight backwards to the chief measures of 
the ancient world — we shall find a connection 
really and truly organic between the systems of 
the different people of antiquity, and we shall 
arrive at last at the fundamental unity (unit) of 
weight and measure in the Babylonian system ; 
so that this supposition is found to be verified in 
all its consequences and details. To give some 
preliminary intimation of this — I shall show that 
the Grecian (or, more accurately, the Aeginetan) 
and the Roman pound are in the ratio of 10:9; 
the Aeginetan pound is half the Aeginetan mina ; 
but the cubical measures stood normally in the 
ratio of the weights ; and therefore the Grecian 
cubic foot was to the Roman as 10 : 9, and, as the 
Roman cubic foot weighs 80 pounds of rain-water, 
so also the Grecian cubic foot weighs 80 Grecian 
or Aeginetan pounds, equal to 40 Aeginetan minae. 
The unity (unit) of weight (in Greece) however 
is, not 40 minae, but 60 minae, or a talent. In 
the original institutions of the people of antiquity 
everything has its reason, and we find scarcely 
anything purely arbitrary : nevertheless, this unity 
(unit) of weight, the talent, does not coincide with 
the unity of measure — neither with the cubic foot, 
nor with any other specific cubical denomination. 
But the coincidence reveals itself at once, as soon 
as we discover that the Babylonian cubic foot, 
standing as it does in the ratio of 3 : 2 to the 
Grecian ■(* cubic foot, weighs 60 Aeginetan minae 
(= 60 Babylonian minae = 1 Babylonian talent) 
of rain-water." (Class. Mus. vol. i. p. 4.) 

Upon this Mr. Grote remarks : " M. Bo'ckh here 
promises more than his volume will be found to 
realise. He does, indeed, satisfactorily show that 
the Babylonian talent was identical with, and was 
the original prototype of, the Aeginetan talent, and 
that the standard and scale of weight was strikingly 

* Namely, that between the Roman pound and 
the Roman amphora or quadrantal. 

f By a curious misprint, Mr. Grote has German. 



and curiously similar in Asia, in Egypt, and in 
Greece. But he has not, I think, made out the 
like with regard to the Grecian measures, either 
of length or capacity, and his proof of the ratio 
of 3 : 2 between the Babylonian and the Grecian 
foot will be found altogether defective. Nor has he 
produced adequate evidence to demonstrate, either 
the ratio of 10 : 9 between the Grecian or Aegi- 
netan pound and the Roman pound, or that of I : 2 
between the Aeginetan pound and the Aeginetan 
mina ; the ratio between the Grecian cubic foot and 
the Roman cubic foot, too, as also that between the 
Grecian cubic foot and any given Grecian weight, 
is, as he proposes it, inadmissible. In fact, there 
is no such thing (properly speaking), as an Aegi- 
netan pound weight : nor is there any fixed normal 
relation between Grecian iceight and Grecian mea- 
sures, either of length or of capacity, though there is 
a fixed normal relation between Babylonian weight 
and Babylonian measures, as also between Roman 
weight and Roman measures.'''' (Ibid. pp. 4, 5 : we 
have introduced the italics to call the reader's at- 
tention to the chief points in which Mr. Grote 
agrees with, and differs from, M. Bo'ckh). 

These extracts furnish a pretty good idea of the 
present position of ancient metrical science. It is 
impossible here to discuss the points at issue be- 
tween these two great scholars ; but we must re- 
mark that, if Bockh has sometimes failed to observe 
his own distinction between exact and approximate 
ratios (see Grote, p. 2), and if he has erred through 
attempting to establish some ratios which are either 
fanciful or mere results of an over-strained calcula- 
tion, or which are too strange to be true, — Mr. 
Grote has also pressed the other side of the argu- 
ment in a manner which, if sound, would prevent 
the establishment of any exact ratio between any 
two systems, and, in stating that there is no fixed 
normal relation between Grecian weight and Grecian 
measures, he has put forward a proposition, which 
he does not sufficiently sustain by proof, which is 
very improbable in itself, and which is hardly con- 
sistent with the acknowledged derivation of the 
Greek weights from the Babylonian ; for it is very 
unlikely that the Greeks should have taken their 
weights and not their measures from the Babylo- 
nians, especially when it is remembered that the 
Roman system, which was probably derived from 
the Greek, agreed with the Babylonian both in 
weights and measures, and not only so, but also 
bore, in its measures of capacity, a definite ratio 
to the Greek ; and, moreover, there appears to be 
the same inconsistency in the attempt to disconnect 
the Greek and Roman weights, while admitting 
the derivation of both from the Babylonian. Be 
this as it may, we have no hesitation in affirming 
that the researches of Bockh are so important, that 
they must be regarded as the starting-point of all 
future investigations into the subject. The fact 
also deserves notice, that several of Bockh's con- 
clusions, which Mr. Grote questions as exact and 
designed ratios, are admitted by him to be very 
near the truth ; and they may therefore, at all 
events, be useful to us for the purpose of assisting 
the memory. The rest of this part of the subject, 
so far at least as our space permits us to notice it, 
will be found under Pondera. 

The question still remains, how to determine the 
Greek and Roman measures in terms of our own, 
which can be done, without reference to the doubt- 
ful points involved in the foregoing discussion. 



MENSURA. 



MENSURA. 



755 



III. Determination of the Creek and Roman 
Measures. 

1. Measures of length. — Before we can attempt 
to fix the Greek and Roman foot, we must examine 
the question, whether the former people (for no 
one pretends it of the latter) had different standards 
of length. We think that Ukert has satisfactorily 
shown that they had not different standards, but 
always used the Olympic stadium and the foot cor- 
rexjionding to it. (Ukert, L'eberdie Art der Griechen 
und Homer die Entfemungen zu bestimmen, und 
iiber das Xtadium, Weimar, If! 13, !ivo. ; Oeog. d. 
(Jriech. u. Homer, vol. i. pt. 2. pp. 55, &c.) It is 
only possible here to give a brief statement of the 
argument. 

It has been supposed by some authors that there 
were other stadia in use in Greece besides the 
Olympic. The most ancient writers never either 
say or hint at such a thing : but when we compare 
the distances between places, as stated by them 
in stadia, with the real distances, they ore found 
almost invariably too great if estimated by the 
Olympic stadium, never too small. Hence the 
conclusion has been drawn, that the Greeks used 
for itinerary measurements a stade much smaller 
than the Olympic. Major Rennell, who analyses 
several of these statements, gives 505J feet for the 
value of the itinerary stade. ( Geography of Hero- 
dotus, sec. 2.) It is, however, scarcely credible 
that these authors, some of whom expressly inform 
us that the stade contained 600 feet, should reckon 
distances by another stade, without giving any in- 
timation of the fact ; especially as they usually 
warn their readers when they speak of measures 
differing from the common standard. (Herod, ii. 3, 
17, 89, 95 ; Plin. //. N. vi. 26. 8. 30.) The real 
cause of the excess in the itinerary distances of 
the Greeks is explained by Ukert in a way which 
seems decisive of the question. The most ancient 
mode of reckoning distances among the Greeks, as 
among most other nations, was by the number of 
days required to perform the journey. When the 
stadium was brought into use, the distances were 
still computed by days' journeys, but transferred 
into stadia by reckoning a certain number of stadia 
to a day's journey. (Herod, iv. 85, 8G.) It is 
evident that nearly all the distances given by the 
ancient Greek writers were computet!, not measured. 
The uncertainties attending this mode of compu- 
tation are obvious, and it is equally obvious that, 
as a general rule, the results would be above the 
truth. At sea the calculation was made according 
to the number of stadia which could be sailed over 
in a day by a good ship, in good order, and with a 
fair wind. Any failure in these conditions (and 
«omc such there must always have been) would 
increase the number of days' sail, and therefore the 
calculated distance when reduced to stadia. Si- 
milarly by land a day's journey was reckoned 
equal to the number of stadia which a good tra- 
veller (iuA)p tCfavos) could perform in a day, which 
for obvious reasons would generally exceed the 
space passed over under ordinary i imnnstancei. 
Even the Greeks themselves are not agreed as to 
the number of stadia in a day's journey. Hero- 
dotus (iv. Illi) gives 700 stadia for the voyage of 
a sailing ship by day, COO by night. Mint com- 
monly 1000 stadia were reckoned as a 24 hours' 
voyage, but under unfavourable circumstances 
•rarccly 500 were performed. (Marin. Tyr. up. 



Ptolem. Geog. i. 17.) Allowance must also be 
made for the windings of the coast, the difficul- 
ties of the navigation, the currents of the sea, 
the varying skill of the seamen, and other circum- 
stances. 

A day's journey by land was reckoned at 200 
or 180 stadia (Herod, iv. 101 ; Pausan. x. 33; 
Ptol. i. 9), or for an army 150 stadia. (Herod, v. 
53, 54.) And here also delays would often occur. 
The ancients themselves differ widely in their ac- 
counts of distances, not only as compared with the 
true distances, but with one another, a fact which 
the theory of a separate itinerary stade cannot ac- 
count for, but which is a natural result of their 
mode of reckoning, as explained above. 

The following testimonies are advanced in sup- 
port of the view of different stadia. Censorinus, 
who lived in the time of Alexander Severus, after 
speaking of the astronomical measurements of 
Eratosthenes and Pythagoras, says that by the 
stadium used in them we must understand " the 
stadium which is called Italic, of G25 feet, for 
there are others besides this, of different lengths, 
as the Olympic, which consists of GOO feet, and 
the Pythian, of 1000." (De Die Natali, c. 13.) 
This passage is evidently a complication of blun- 
ders. The " Italic stadium," unknown elsewhere, 
is manifestly the same as the Olympic, but reckoned 
in Roman feet, of which it contained 625. The 
u Olympic of 600 feet " is the same in Greek feet. 
The value given for the Pythian stadium is clearly 
wrong, for the Olympic race-course was the longest 
in Greece (as appears from the passage of Gellius 
quoted below), and besides Censorinus obviously 
confounds the extreme length of the race courses 
with the portion of them measured out for the 
race, the same name, stadium, being applied to 
both ; for it is very possible that the former 
were of different lengths, though the latter never 
varied. 

Aldus Gellius (i. 1) quotes from Plutarch to the 
effect that Hercules measured out the stadium at 
Olympia with his own feet, making it 600 feet 
long ; and that when afterwards other stadia were 
established in Greece, containing the same number 
of feet, these were shorter than the Olympic in the 
proportion by which the foot of Hercules exceeded 
that of other men. But whatever there is of truth 
in this story is probably the obscure remnant of 
an ancient tradition respecting the existence of a 
standard of length greater than the common one, 
at some distant period : a matter which will be 
presently referred to. 

Attempts have been made, especially by Rome* 
dc l'lslc and Gossclin, to prove the existence and 
to determine the lengths of different stadia from 
the different lengths assigned by ancient writers to 
a great circle of the earth. But surely it is far 
more just aiid reasonable to take these different 
values as a proof (among various others) that the 
ancients did not know the real length of a great 
circle, than, first assuming that they had such 
knowledge, to explain them as referring to dilf< rent 
standards. 

On the whole, therefore, there seems no reason 
to suppose that different stadia existed before the 
third century of the Christian nera. 

From this period, however, we do find varieties 
of the stade, the chief of which are those of 7 and 
7' to tie- Kouian mile. (W'urm, i/e /Wl. \c. 



Yars. 


Feet. 


Inches. 


109 


1 


2-26992 


168 


J. 


6 


202 





9 


215 


2 


2-4 


231 





5-124 



756 MENSURA. 

The following table of supposed varieties of the 
stadium is from Hussey 's Ancient Weights, &c. 

Stade assigned to Aristo- 
tle's measurement of 
the earth's surface 
Mean geographical stade 
computed by Major 
Rennell - 
Olympic Stade 
Stade of 7£ to the Ro-~l 
man mile - - - J 
Stade of 7 to the Roman \ 
mile - - -J 
But, although the stadium and the foot connected 
with it were single definite measures throughout 
Greece, yet we find, in the Eastern countries, 
Babylon, Syria, and Egypt, and in some neigh- 
bouring Greek states, feet longer than the Olympic 
(not shorter, as Rennell's itinerary stadium would 
require), the origin of which is to be explained by 
the co-existence, in the Babylonian system, of a 
royal or sacred and a common foot and cubit, which 
were so related to one another that the royal cubit 
was three finger-breadths longer than the common. 
(Herod, i. 178 : see further under Pes.) 

In proceeding to determine the Greek and Roman 
foot, the most convenient plan is first to fix the 
latter, and then to derive the former from it. 

I. The Roman foot. There are five different 
ways of determining the length of the Roman foot. 
These are, 1. From ancient measures still in ex- 
istence, including feet laid down on sepulchral 
monuments, and foot rules found in the ruins of 
various cities of the Roman empire ; 2. From 
measurements of known distances along roads, both 
between mile stones and between places ; 3. From 
measurements of buildings and obelisks ; 4. From 
the contents of certain measures of capacity ; and 5. 
From measurements of a degree on the earth's sur- 
face. (For a full historical account of these systems, 
see the treatises of Wurm, Hussey, and Bockh.) 

1. It might appear, at first thoughts, that an- 
cient measures in actual existence would at once 
give the required information. But these mea- 
sures are found to differ among themselves. They 
are of two kinds, foot-measures cut upon grave- 
stones, and brass or iron measures intended in 
all probability for actual use. From the nature 
of the case the latter would probably be more 
exact than the former, and in fact the measures on 
the grave-stones are rudely cut, and their sub 
divisions are of unequal length, so that they have 
no pretensions to minute accuracy ; but on the 
other hand, it would be absurd to suppose that 
they would have been made very far wrong. "We 
may safely conclude that they would have about 
as much accuracy as a measure hastily cut on 
stone by a mason from the foot-rule used by him 
in working. Four such measures are preserved in 
the capitol at Rome. They are called the Statilian, 
Cossutian, Aebutian, and Capponian feet. They 
have been repeatedly measured, but unfortunately 
the different measurements gave different results, 
The brass and iron foot-rules, of which several 
exist, do not precisely agree in length. There was 
anciently a standard foot -measure kept in the 
capitol, called the pes monetalis, which was pro- 
bably lost at the burning of the capitol under 
Vitellius or Titus. 



MENSURA. 

2. The itinerary measurements are of two kinds, 
according as they are obtained by measuring the 
distance from one place to another, or the distance 
from one mile-stone to another on a Roman road. 
Both methods have the advantage of the diminu- 
tion of error which always results from determining 
a lesser magnitude from a greater, but both are 
subject to uncertainty from turnings in the road, 
and from the improbability of the mile-stones 
having been laid down with minute accuracy ; and 
two other serious objections apply to the former 
mode, namely, the difficulty of determining the 
points where the measurement began and ended, 
and the changes which may have taken place in 
the direction of the road. Both methods, how- 
ever, have been tried ; the former by Cassini, who 
measured the distance from Nimes to Narbonne, 
and by Riccioli and Grimaldi, who measured that 
between Modena and Bologna, and the latter by 
Cassini, between Aix and Aries. 

3. The measurement of buildings is rather a 
verification of the value of the foot as obtained from 
other sources than an independent evidence. It 
very seldom happens that we know the number of 
ancient feet contained in the building measured. 
We have one such example in the Parthenon, 
which was called Hecatompedon (hundred-footed, 
Plutarch, Pericl. 13, Cato, 5) from the width 
of its front ; but even in this case we cannot tell 
exactly, till we know something of the length of 
the Greek foot, to what precise part of the front 
this measurement applies. Again, there is the 
obelisk in the Piazza del Popolo at Rome, and the 
Flaminian obelisk, the heights of which are given 
by Pliny (H. N. xxxvi. 9. s. 14). But the actual 
heights of these obelisks, as compared with Pliny, 
would give a value for the foot altogether different 
from that obtained from other sources. Indeed 
the numbers in Pliny are undoubtedly corrupt, and, 
as they stand, it is only the difference of height 
between the two that can be of any service, and 
even this gives a result by no means satisfactory. 
An ingenious emendation by Stuart would remove 
the difficulty ; but it is obvious that a passage 
which requires a conjectural emendation cannot be 
taken as an independent authority. There is 
another mode of deducing the value of the foot from 
buildings, of the dimensions of which we have no 
information. The building is measured, and the 
length thus obtained is divided by the supposed 
value of the ancient foot (as derived from other 
evidence), and if a remainder be left, this value of 
the foot is corrected so that there may be no re- 
mainder. It is assumed in this process that no 
fractions of feet were allowed in the dimensions 
of the building, and also that the plans were worked 
out with the most minute exactness, both of which 
assumptions are not very probable. In fact these 
measurements have given different values for the 
foot. " Modern architects," says Mr. Hussey, " do 
not allow that such calculations could be depended 
on in modern buildings, for determining the true 
length of the measures by which they were planned. 
Nor are the dimensions of the parts of buildings 
of the middle ages in our own country, as Gothic 
churches and cathedrals, found to agree exactly, so 
as to give whole numbers of the standard measure." 
On the other hand, these measurements, like those 
on roads, have the advantage of involving, in all 
probability, very small errors, and of the diminu- 
tion of the error by division. 



MEXSURa. 



MENSURA. 



757 



4. Villalpando and Eisenschmidt have attempted 
to deduce the length of the Roman foot from the 
solid content of the congius of Vespasian. [Cox- 
gius.] Since the congius was the eighth of the 
amphora, and the content of the amphora was a 
cubic foot [Quadrantal], the process is to mul- 
tiply the content of the congius by 8, and extract 
the cube root of the product. But this process is 
very uncertain. First, there is a doubt about the 
content of the congius itself [Pondera], then it is 
hardly to be supposed that the content of the con- 
gius was actually adapted with perfect accuracy to 
the length of the foot, and last'y, there is a further 
risk of error in reversing this process. 

5. Some French geographers, and especially Mi 
Gosselin, have supposed that the ancient astrono- 
mers were acquainted with the dimensions of a 
great circle of the earth, and that they founded 
their whole system of measures on the subdivisions 
of such a circle. The results of M. Gosselin's cal- 
culations agree well with those derived from other 
sources. But we need better evidence than this 
agreement to convince us that both the Greeks and 
Romans, at a very early period, formed a system 
of measures on such scientific principles ; and it is 
incredible that, if such a system had really existed, 
there should be no allusion to it in any of the an- 
cient geographers. 

The average values of the Roman foot, obtained 
from these various sources, in terms of the English 
foot, are the following: — 

1. From ancient measures .... '9718 

2. From itinerary mcasnrements . . "97082 

3. From measurements of buildings . •96994 

4. From the congius - 9832 

5. From the length of a degree . . . '9724 

of which the first three are the most to be depended 
on ; and of those three the average is - 9708, or 
11*6496 inches or 114/14.% inches; which we 
may take as the probable value of the Roman foot. 

Cagnazzi, whose researches are said by Nicbuhr 
to have placed the true value of the Roman foot 
beyond a doubt (Hist, rf Home, ii. p. 407). gives it 
a greater length than the above, namely *29624 of 
a metre — "9722 of a foot: but this calculation is 
objected to by Bdckh, as being derived, by a pro- 
cess not perfectly true, from the value of the pound, 
and as being confirmed only by one existing mea- 
sure, and also as being at variance with the value 
of the Greek foot, obtained from independent 
sources. {Metrolop. i'ntertuch. p. 197.) Biickh's 
own calculation, which agrees with that of Wunn, 
who follows Raper, gives a value very little less 
than the above, namely 131*15 Paris lines = 
•9704649 of the English foot = 11 6456 inches. 
As the general result we may take the Roman 
foot at 1 [*6fi inches, English, or, rather more than 
■fo of an inch less than ours. (The writer of an 
excellent article W'ciijhts and Measures in the 
J'mny Cijchijoiedia, gives II '62 inches for the 
value of the Roman foot, lie also gives the fol- 
lowing rule as representing the ratio far within the 
limits of probable error: — 61 English feet make 
63 Unman feet.) For the other measures ol 'length 
see the Tables. 

Some have concluded from the measurements of 
bnildjngs that the foot was slightly reduced about 
the time of Domitian, which Wurm nccounts for 
by supposing that the /><■• nmmtahs, after being 
destroyed in the fire under Titus, was restored 



by Domitian in a careless manner. Both the fact 
and the explanation, however, appear to be very 
doubtful. 

II. The Greek foot. We have no ancient mea- 
sures by which to determine the length of the 
Greek foot ; but we have the general testimony of 
ancient writers that it was to the Roman in the ratio 
of 25 : 24. The Greek stadium, which contained 
6IJ0 Greek feet, is said by Roman writers to con- 
tain 625 Roman feet ; and also a Roman mile, or 
5000 feet, was reckoned equal to 8 Greek stadia, 
or 4800 feet ; both of these calculations give the 
above ratio of 25 : 24. (Plin. H.N. ii. 23. s. 21, 
108. s. 112 ; Coluin. v. 1 ; Polyb. iii. 39 ; Strab. 
viL p. 322.) If therefore the Roman foot was 
'9708 of the English, the Greek foot was equal to 
1 '011*25 English feet, or 12*135 inches. 

This value is confirmed by the measurement of 
the Parthenon. "Stuart" (Antiq. Ath. ii. p. 8), 
says Mr. Hussey, "measured the upper step of the 
basement of the Parthenon, which is the platform 
on which the pillars stand, and is exactly that part 
of the building where we should expect that the 
measure would have been taken, if the name Heca- 
tompedon was really given it on account of the 
dimensions. He found the width of the front to 
be 10) feet 1'7 inches, the length of the side 227 
feet 7'05 inches ; and since these two quantities 
are very nearly in the ratio of 100 to 225, he in- 
ferred that the two sides really contained these 
two numbers of feet. From this he calculated the 
value of the foot, from the front 12*137 inches, 
from the side 12*138 inches : of which the greatest 
exceeds the value given above by only "003 of an 
inch." Other measurements of the Parthenon 
and of other buildings at Athens tend to the same 
result. 

Strabo, however (/. c.) quotes from Polybius 
a calculation which would make the Greek and 
Roman foot equal, but it is perfectly clear that 
there is a mistake in this statement. Plutarch 
again (C Graceh. 7) says expressly that the mile 
is a little less than 8 stadia, which would give a 
rather smaller ratio than that of 24 : 25 for the ratio 
of the Roman to the Greek foot. It is on the autho- 
rity of this passage that Biickh gives the value above 
mentioned for the Roman foot. If, according to 
the supposition already noticed, a slight diminu- 
tion took place in the Roman foot, this would 
account for the difference. But perhaps we ought 
not to consider this solitary passage of sufficient 
weight to influence the calculation. 

As the general result, we may take the Greek 
foot at 12*135 Em.-li»h inches, that is, rather more 
than 1-1 0th of an inch greater than the English 
foot. For the other measures see the Tables. 

2. Measures of Surface. — These arc easily de- 
rived from the measures of length. See the Tables. 

.'!. Measures if Ca/uiritu. — The determination 
of the measures of capacity is so inseparably con- 
nected with the question of the settlement of the 
(ireek and Roman weights, that it is better to 
speak of them under PoNDKRA, to which article 
also tin- render is referred for the literature of the 
whole subject. 

4. Ani/nlar ami Circular Measures. — The chief, 
and almost the only importance of this part of the 
subject is in its application to the measurement 
of circles and degrees on the earth's surface, and 
to the measures of time. The former class of 
measures will be treated of in the Dictionary of 
3 c 3 



758 



MERCENARII. 



MERCENARII. 



Greek and Roman Geography. Respecting the mea- 
sures of time, see Annus, Hora, &c. [P. S.] 

ME'NSTRUUM. [Servus.] 

ME'NUSIS (w»ins). [Ecclesia, p. 443, a.] 

MERCENA'RII (fj.io-0wToi, fua8o(p6poi, more 
commonly £eVoi), mercenary troops. At an early 
period there was no such thing as a standing array, 
or mercenary force, in the Greek republics. The 
former would have excited jealousy, lest it should 
oppress the people, as the chosen band did at Argos 
(Pausan. ii. 20. § 2 ; Thucyd. v. 81) ; and for the 
latter there was rarely any occasion. The citizens 
of every state formed a national militia for the 
defence of their country, and were bound to serve 
for a certain period at their own expense, the 
higher classes usually serving in the cavalry, or 
heavy-armed infantry, the lower classes as light- 
armed troops. Foreigners were rarely employed ; 
the Carians, Cretans, and Arcadians, who served 
as mercenaries (Herod, i. 171 ; Pausan. iv. 8. § 3, 
10. § 1, 1.9. § 4 ; Wachsmuth, Hell. Alterth. 
vol. i. pt. i. p. 30 ; Schbmann, Ant. jar. pub. 
Gr. p. 159), are an exception to the general rule. 
In the Persian war we find a small number of 
Arcadians offering to serve under Xerxes (Herod, 
viii. 26) ; and they seemed to have used them- 
selves to such employment down to a much later 
period. (Xenoph. HeUen.vn. 1. § 23 ; Schb'mann, 
Id. p. 409.) The practice of maintaining a stand- 
ing force was introduced by the tyrants, who kept 
guards and soldiers in their pay (SopvcpSpot, fxicr- 
6o(p6pot) to prevent insurrections of the people, 
and preserve their influence abroad. As it was 
unsafe to trust arms in the hands of their own sub- 
jects, they usually employed foreigners. (Thu- 
cyd. vi. 55 ; l)iod. xi. 67, 72 ; Xenoph. Hier. v. 
3.) Hence, and because citizen soldiers used to 
fight without pay, £eVoi came to signify mercenaries. 
(Harpoc. s. v. Eei/n-ei/o^eVoi/r.) We must distin- 
guish, however, between those who fought as auxi- 
liaries, whether for pay or otherwise, under com- 
mission from their own country, and those who 
did not. The former were iir'iKovpoi, not |eVoi. 
(Herod, i. 64, iii. 45, v. 63 ; Thucyd. i. 60, ii. 
70, iii. 34, iv. 80.) The terms £eVo< and ^vik6v 
implied that the troops were independent of, or 
severed from, their own country. 

The first Grecian people who commenced the 
employment of mercenaries on a large scale, were 
the Athenians. While the tribute which they re- 
ceived from the allies placed a considerable revenue 
at their disposal, the wars which their ambition 
led them into compelled them to maintain a large 
force, naval and military, which their own popula- 
tion was unable to supply. Hence they swelled 
their armies with foreigners. Thucydides makes 
the Corinthian ambassador at Sparta say, wc?jt?j 
t] 'A6-qvatwv Swa/xis. (i. 121.) They perceived also 
the advantage of employing men of different na- 
tions in that service, for which from habit they 
were best qualified ; as, for instance, Cretan archers 
and slingers, Thracian peltastae. (Thucyd. vi. 25, 
vii. 27 ; Aristoph. Acliarn. 159.) At the same 
time the practice of paying the citizens was intro- 
duced ; a measure of Pericles, which was indeed 
both just and unavoidable (for no man was bound 
by law, or could be expected, to maintain himself 
for a long campaign) ; but which tended to efface 
the distinction between the native soldier and the 
foreigner. Other Greek nations soon imitated the 
Athenians (Thucyd. iv. 76), and the appetite for 



pay was greatly promoted by the distribution of 
Persian money among the belligerents. (Thucyd. 
viii. 5, 29, 45 ; Xenoph. HeUen. i. 5. § 3.) At 
the close of the Peloponnesian war, large numbers 
of men who had been accustomed to live by war 
were thrown out of employment ; manj r were in 
exile or discontented with the state of things at 
home ; all such persons were eager to engage in a 
foreign service. Hence there arose in Greece a body 
of men who made arms their profession, and cared 
little on which side they fought, provided there 
were a suitable prospect of gaining distinction or 
emolument. Conon engaged mercenaries with 
Persian money. Agesilaus encouraged the practice, 
and the Spartans allowed the members of their 
confederacy to furnish money instead of men for 
the same purpose. (Xenoph. Hell. iii. 4. § 15, iv. 
3. § 15, v. 2. § 21.) The Greeks who followed 
Cyrus in his expedition against Artaxerxes, were 
mercenaries. (Xenoph. Anab. i. 3. § 21.) So were 
the famous peltastae of Chabrias and Iphicrates. 
(Harpocr. s. v. 2.zvik6v iv KopivBit) ; Aristoph. 
Plut. 173.) The Phocians, under Philomelus, 
Onomarchus, and Phayllus, carried on the sacred 
war by the aid of mercenaries, paid out of the trea- 
sures of the Delphian temple. (Diod. xvi. 30, &c.) 
But higher pay and richer plunder were in general 
to be found in Asia, where the disturbed state of 
the empire created continued occasions for the ser- 
vices of Greek auxiliaries, whose superior discipline 
and courage were felt and acknowledged by the 
Barbarians. Even the Spartans sent their king 
Agesilaus into Egypt, for the sake of obtaining 
Persian gold. Afterwards we find a large body of 
Greeks serving under Darius against Alexander. 
It is proper here to notice the evil consequences 
that resulted from this employment of mercenaries, 
especially to Athens, which employed them more 
than any other Greek state. It might be expected 
that the facility of hiring trained soldiers, whose 
experience gave them great advantages, would lead 
to the disuse of military service by the citizens. 
Such was the case. The Athenian citizens stayed 
at home and became enervated and corrupted by 
the love of ease and pleasure ; while the conduct 
of wars, carried on for their benefit, was entrusted 
to men over whom they had little control. Even 
the general, though commonly an Athenian, was 
compelled frequently to comply with the humours, 
or follow the' example of his troops. To conciliate 
them, or to pay them their arrears, he might be 
driven to commit acts of plunder and outrage upon 
the friends and allies of Athens, which thus found 
enemies where she least expected. It was not un- 
usual for the generals to engage in enterprises 
foreign to the purposes for which they were sent 
out, and unconnected with the interests of their 
country, whose resources they wasted, while they 
sought their own advantage. The expeditions of 
Chabrias and Iphicrates to Egypt are examples of 
this. But the most signal example is the conduct 
of the adventurer Charidemus. Upon all these 
matters we may refer the reader more particularly 
to Demosthenes, whose comments upon the disas- 
trous policy pursued by his countrymen were no 
less just than they were wise and statesmanlike. 
(Demosth. Philip, i. p. 46, c. Aristocr. pp. 666, 
671 ; Ttp\ rod arecp. rrjs rpntp. p. 1232, &c. ; 
Athen. xii. 43 ; Thirlwall, Hist, of Greece, vol. v. 
p. 210 ; Wachsmuth, vol. i. pt. ii. p. 309.) The 
Romans at a comparatively early time introduced 



METALLUM. 

the practice of paying their own citizens for their 
service in the army [Stipendivm], but merce- 
nary troops, in the usual acceptation of the term, 
were unknown among them till at a very late 
period. [C. R.K.] 

MEREXDA. [Coena, p. 30G, b.] 

MERIDIA'XI. [Gladiatures, p. 575, b.] 

METAE. [Circus, p. 284, a.] 

METAGEITXIA (utTaytWvia), a festival 
celebrated by the Attic demos Melite, in honour 
of Apollo Metageitnios. The chief solemnities 
consisted in offering sacrifices, and the festival was 
believed to commemorate the emigration (yarvia- 
<ris irpos (Tcpovs) of the inhabitants of Melite to 
Diomis. (Plut. de Exit. p. 601, b. ; comp. Suidas, 
and Harpocrat. S.V. Mirayeirvtiiv.) [L. S.] 

METALLUM (fiiraWov). The Greek word 
originally signified a pit or cave, where anything 
is sought for by digging, hence a mine, and hence 
any mineral found in a mine, especially metal. In 
Latin, the word means both a mine and metal, the 
latter sense, however, preponderating in use. The 
object of this article is to give a brief general view 
of the acquaintance which the Greeks and Romans 
had with the metals, and the uses to which they 
applied them. 

The metals which have been more or less known 
from the earliest period of which we have any in- 
formation are those which were long distinguished 
as the seven principal metals, namely, gold, silver, 
copper, tin, iron, lead, and mercury. (Some very 
interesting information, which docs not fall within 
the province of this work, may be read in Beck- 
mann'a History of Inventions, by Johnston, vol. ii. 
pp. 23, Sec. 4th ed.) If to this list we add the 
compound of gold and silver called elcclrum, the 
compound of copper and tin called x"^ Koi and aes 
(bronze), and steel, wc have, in all probability, a 
complete list of the metals known to the Greeks 
and Romans, with the exception of zinc, which 
they do not seem to have known as a metal, but 
only in its ores, and of brass, which they regarded 
as a sort of bronze. (See below). 

The early Greeks were no doubt chiefly in- 
debted for a supply of the various metals to the 
commerce of the Phoenicians, who procured them 
principally from Arabia and Spain, and tin from 
our own island and the East. In the Homeric 
poems we find an allusion to this traffic as one in 
which the Greeks of the western coast were already 
engaged ; where Athena personates Mcntcs, the 
ruler of the Taphians, carrying shining iron to 
Temcsa in Cyprus, to exchange it for copper. ( Od. 
i. I!!4, enmp. Xitzsch's note.) The Homeric poems 
ftiniixh ample proofs of how much more plentiful 
copper was than iron. The former is the common 
material of arms, instruments, and vessels of various 
sorts [Aes | ; the latter is mentioned much more 
ran h, and is distinguished by an epithet implying 
the difficulty of working itfiroAi/Kjorrot, //. vi. 4ff), 
and its adjective is frequently used metaphorically 
In i x|irr.s tin- cri-ati-'t stiilihurmii M <()■/. v. I.'il. 
cVc. : sec Seilcr and Jacobitz, a. rr. <ti5j7|>05 and 
ot&iiptoi). Hesiod carried us back to a period 
whi n iron was unknown (Op. et l)i. 150, 151) : 

Toll 8' f/y xoAfa/iif Tfi>X ,a ' xiAKfoi 5c T« ofroi, 
XaAK(ji !' tipyd&mo- fitAai 5' oliie taut <ri'3npoi, 

and though the period thus described is mythical, 
jet the idea of it was clearly connected with the 
In lief thai imn had been the last discovered of all 



METALLUM. 753 

the metals. (See Hb'ckh, Creta, vol. i. p. 2G0 j 
Miilin, Minera/offie Homerique.) The importance 
of hardening the copper used for arms and armour, 
and so forth, is a presumption in favour of the 
knowledge and use of tin ; but we have also de- 
finite mention of this metal (Kaaa'nepos) several 
times in the Iliad ; and it seems not improbable 
than then, as now, it was generally plated on 
another metal. (See Liddell and Scott, and Seiler 
and Jacobitz, s. r. ; Beckmann, vol. ii. p. 206, foil.) 
The art of hardening copper by the admixture of 
tin was known before the historical period. (Comp. 
Aes.) With respect to steel, it is a much disputed 
point whether this metal is the proper sense of the 
word Kvavos in Homer (//. xi. 24, 35, Od. vii. 87) 
and Hesiod (Scut. 143), but at all events it is 
highly probable that this is the meaning of aSa.fi.as 
in Hesiod (Scut. 231, Theon. 161 ; see the lexi- 
cographers, s. it., the commentators on Homer and 
Hesiod, in //., and Beckmann, vol. ii. p. 324). It 
would appear from the manner in which Aeschylus 
refers to the Chalybes, taken in connection with 
the traditions respecting the early intercourse of the 
Greeks with the shores of the Baltic, that the iron 
and steel works < f that people were known at a 
very early period, and that it was from them chiefly 
that the Greeks procured their iron and steel. 
(Aesch. Prom. 720 ; Apollon. Rhod. ii. 1000 ; 
Xen. Anab. v. 5. § 1 ; Ritter, Erdkuwle, vol. ii. 
p. 776 ; Hockh, Creta, vol. i. p. 294.) Enough has 
alreadj- been said respecting the carlj- knowledge 
of the precious metals, separately and in combina- 
tion, under Argentum, Aurum, and Electrum. 
In drawing inferences, however, from Homer's al- 
lusions to these and the other materials of the useful 
and fine arts, we must be on our guard not to make 
the poet's imagination our standard of their actual 
abundance. (See further, concerning the real or 
supposed knowledge of metals and metallurgy in the 
earliest times, Plin. H. N. vii. 56. s. 57.) 

If we turn from the metals themselves to the 
art of working them, still taking the poems of 
Homer and Hesiod for our guide, we find the 
Greeks of that early period perfectly acquainted 
with the processes of smelting the metal from the 
ore and of forging heated masses into the required 
shapes, by the aid of the hammer and tongs. It 
may, indeed, be doubted whether the x^ avo, i into 
which Hephaestus throws the materials of the 
shield of Achilles, and which are worked by the 
blast of twenty pairs of bellows (<pvoai) arc smeit- 
ing-fumaces or mere smith's forges (//. xviii. 470), 
but the former sense seems to be required in the 
passage of Hesiod. (Tlicog. 863.) Both Hnmer 
and Hesiod refer to the smith's workshop (xaAKriios 
o6/ws, xaAffios Zwkos) as a common lounge and 
as a place of shelter to which the poor resorted for 
its warmth. (Od. xviii. 828, Oj>. el J)i. 491.) The 
whole of Homer's description of the workshop of 
Hephaestus deserves careful study (//. xviii. ;!69, 
&c). The smith's instrument* were the anvil 
(okhuv) with the block on which it rested (axfi6- 
Otrov), the tongs (itvpiypri), and the hammer 
(paiariip, aipipa. It. I. c, Od. iii. 433 — 435). 
[Incus, Foiicki-s, Malleus.] The arts of casting 
metals into moulds, and of welding, or even of sol- 
dering pieces of metal together, were as yet unknown. 
In large works, hammered plates were united by 
mechanical fastening*, nails, pins, rivets, cramps, 
nr dovetails (Stafiol, f)\ot, ittp6vai, K«Vrpo), rind 
specimens of this sort of work in the bronze statue* 
3 c 4 



760 



METALLUM. 



METALLUM. 



of the earliest period were still to be seen in the 
time of Pausanias (II. xi. 634, xviii. 379 ; Paus. x. 
16. § 1). The art of embossing, or fastening pieces 
of one metal on to the surface of another (ifiTrcua- 
tikt) rexwi, is referred to several times in Homer 
(77. xi. 24, 35 ; Lobeck, ad Soph. Aj. 846, &c). 
(Hiding was commonly practised : one interesting 
example is the gilding of the horns of an ox about 
to be sacrificed. (Od. iii. 425, &c.) This passage 
furnishes a striking instance of the use of words 
connected with x a ^ K 6s for working in any kind of 
metal : thus, the artificer is called by the generic 
term, x a ^ Ke " s (432), as well as by the specific 
name, XP VCT0 X^ 0S (425), and his tools are the 
owAa xaA(C7)i'a, oTa'iv tc ^putroc ei'pyafeTo (vv. 
433, 4351. Lastly, the image used to describe the 
hissing of the burning stake when plunged in the 
eye of Polyphemus, shows an acquaintance with the 
process of dipping red-hot iron in water to harden 
it. (Od. xi. 391, comp. Soph. Al 720.) 

The advances made in the art of metallurgy in 
subsequent times are chiefly connected with the 
improvements in the art of statuary. The method 
of working, as described in Homer, seems to have 
long prevailed, namely by beating out lumps of the 
material into the form proposed, and afterwards 
fitting the pieces together by means of pins or 
keys. It was called <T<pvp7]\a.Toi>, from o-tyvpa, a 
hammer. Pausanias (iii. 17. § 6) describes this 
process in speaking of a very ancient statue of 
Jupiter at Sparta, the work of Learchus of Rhegium. 
With respect to its supposed antiquity, Pausanias 
can only mean that it was very ancient, and of the 
archaic style of art. The term atpvpiiKcnos is used by 
Diodorus (ii. 9) in describing a very ancient golden 
table which was said to have decorated the cele- 
brated gardens of the palace of Ninus andSemiramis, 
at Babylon. Pliny (H. N. xxxiii. 4. s. 24.) men- 
tions a golden statue of Diana Anaitis worked in the 
same way, which he calls holosphyraton. A statue 
of Dionysius by Onassimedes, of solid bronze, is 
mentioned by Pausanias (ix. 12. § 3) as existing 
at Thebes in his time. The next mode, among the 
Greeks, of executing metal works seems to have 
been by plating upon a nucleus, or general form, 
of wood — a practice which was employed also 
by the Egyptians, as is proved by a specimen of 
their art preserved in the British Museum. The 
subject is a small head of Osiris, and the wood is 
still remaining within the metal. It is probable 
that the terms holosphyraton and sphyraton were 
intended to designate the two modes of hammer- 
work ; the first on a solid mass, and the other ham- 
mering out plates. (Comp. Malleus.) 

It is extremely difficult to determine at what 
date the casting of metal was introduced. That it 
was known at a very early period there can be no 
doubt, although it may not have been exercised by 
statuaries in European Greece till a comparatively 
late date. The art of founding may be divided 
into three classes or stages. The first is the simple 
melting of metals either from the solid form, or 
from the ore ; the second, casting the fused metals 
into prepared forms or moulds ; and the third, 
casting into a mould, with a core or internal 
nucleus, by which the metal may be preserved of 
a determined thickness. The first stage must have 
been known at a period of which we have no re- 
cord beyond a passage in the book of Job (xxviii. 
1, 2), which establishes the fact that some of the 
processes of metallurgy, such as the reduction of 



gold, silver, iron, and copper from their ores, were 
well known when that book was composed. The 
casting of metal into moulds must also have been 
practised very early. There are no means of know- 
ing of what material or composition the forms 
or moulds were made, but in all probability clay 
(dried, and then perhaps baked) was employed for 
the purpose. The circumstance of a spot where clay 
abounded having been chosen for the founding of 
the bronze works for the temple of Solomon sup- 
ports this supposition. (1 Kings, vii. 46). Of course 
all the earliest works produced in this stage of the 
art must have been solid. The third process, that 
of casting into a mould with a core, was an im- 
portant step in the statuary's art. Unfortunately 
there is no better record of the time, nor of the 
mode in which this was effected by the ancients, 
than the statements of Pausanias and Pliny, ac- 
cording to whom the art of casting in bronze and in 
iron was invented by Rhoecus and Theodorus of 
Saraos, who probably lived in the sixth and fifth 
centuries before our era. (Paus. iii. 12. § 8, viii. 
14 § 5 ; Plin. H. N. xxxv. 12. s. 43 ; Diet, of 
Biog. s. vv. Rhoecus, Theodorus.) 

The ancients used something answering the pur- 
pose of a solder for fastening the different pieces of 
metal together ; but it is difficult to determine 
whether the term KcSAAijtrir means a solder or only 
a species of glue. Pausanias distinctly speaks of 
it as something different from nails or cramps, and 
gives us the name of its inventor, Glaucus of Chios, 
who appears to have lived earlier than the Samian 
artists just referred to (Herod, i. 25 ; Paus. x. 16. 
§ 1 ; Plut. de Def. Or. 47, p. 436 ; Diet, of Biog. 
s. v.). Pliny in like manner speaks of a solder 
under the title of plumbum argentarium (H. N. 
xxxiv. 17. s. 48). Many of the works in the 
British Museum, as well as in other collections, 
are composed of pieces of metal which have been 
joined together, but whether by clamps, rivets, or 
soldering, it is now impossible to determine accu- 
rately, on account of the rust about the edges of the 
plates. The modern practice of welding pieces of 
metal together seems to have been altogether un- 
known to the ancients. 

Respecting the supply and use of metals in the 
historical period, little remains to be added to what 
has been said under Aes, Argentum, Aurum, 
Caelatura, Electrum, Statuaria, &c. Iron 
was found chiefly in Laconia and on the shores of 
the Black Sea, and was brought especially from 
Sinope. Stephanus Byzantinus, who mentions 
this fact, states the purposes for which the two 
sorts of iron were considered respectively better 
fitted (s. v. AaKeSalfxav). The whole subject of 
metals and metal-work is treated of by Pliny in 
the thirty-third and thirty-fourth books of his 
Historia Naturalis. 

One point not yet noticed is the question, whether 
the ancients possessed a knowledge of nine. That 
they rarely if ever used it as an alloy of copper is 
proved by the analysis of existing specimens of 
their bronze [Aes] ; but that they were absolutely 
ignorant of it can easily be disproved. One of the 
most important passages on the subject is in Strabo 
(xiii. p. 610), who says that " in the neighbour- 
hood of Andeira (in the Troas) there is a certain 
stone which, on being burnt, becomes iron ; then, 
on being smelted with a certain earth, it distils 
ipevSdpyvpos, and with the addition of copper it 
becomes what is called Kpufia (which may mean 



METOECI. 

cither an alloy in general, or a particular kind of 
alloy), which some call opeixaAjcos ; and \!/ev8dp- 
yvpos is also found ahout Tmolus." In all pro- 
bability the stone here mentioned is the common 
zinc ore called calamine, which Pliny and other 
writers call cadmium. If so, ^fvSdpyvpos must be 
metallic zinc, and opei'xaAjcos brass. For a further 
discussion of this subject, into which we have not 
space to enter, the reader is referred to Beckmann, 
toL ii. pp. 32, &c. 

Respecting the use of metals f>r money, see 
Kir mm us. 

Only a few words are necessary on the word 
metallum in its other sense. Nearly all that is 
known on the subject of the Greek mines, the 
mode of working them, and the revenues derived 
from them is contained in Bockh's Essay on t/ie 
Stiver Ulincs of Laurion appended to his Public 
Economy of Athens. Respecting the Roman mines, 
see Vectigalia. [P. S.] 

METATO'RES. [Castra, p. 246, a.] 

METOECI (h(toikoi), is the name by which, at 
Athens and in other Greek states, the resident 
aliens were designated, and these must be distin- 
guished from such strangers as made only a transi- 
tory stay in a place, for Harpocration (». r.) ex- 
pressly mentions as a characteristic of a nimiKos, 
that he resided permanently in the place. No city 
of Greece perhaps had such a number of resident 
aliens as Athens, as none afforded to strangers 
greater advantages and conveniences, or a more 
agreeable mode of living. In the census instituted 
by Demetrius Phalereus (309 B. c), the number of 
resident aliens at Athens was 10,000, in which 
number women and children were probably not 
included. ( Athcn. vi. p. 272.) These aliens were 
persons from all parts of Greece, as well as from 
barbarous countries, such as Lydians, Phrygians, 
and Syrians, or Attic frccdmcn [Libertus 
(Greek)], and these people had chosen Athens 
as their adoptive country, either on account of its 
resources for amusement and instruction, or on ac- 
count of the facilities it afforded for carrying on 
mercantile business. The latter class of persons 
seems to have been by far the most numerous. 
The jealousy with which the citizens of the ancient 
Greek republics kept their body clear of intruders, 
is also manifest in their regulations concerning 
aliens. However long they might have resided in 
Athens, they were always reimrded as strangers, 
whence they arc sometimes called {cVoi, and to 
remind them of their position they had on some oc- 
casions to perform certain degrading services to the 
Athenian citizens. These services! II vuriaihoria] 
were however in all probability not intended to 
hurt the feelings of the aliens, but were simply 
acts symbolical of their relation to the citizens. 

Aliens were not allowed to acquire landed pro- 
perty in the state they had chosen for their resi- 
<i iic, and were consequently obliged to live in 
hired houses or apartments (Demosth. pro I'Uonn. 
p. 946 ; Xen. de Vetiig. ii. 2 ; Arintot. Oecon. ii. 
2, 3 ; compare Bikkh's I'M. ICctm. i. § 24), and 
DOM the letting of houses was a subject of much 
(peculation and profit at Athens. As the aliens 
did not constitute a part of the state, and were yet 
in constant intercourse and rommcrcc with its 
memlK-rs, every alien was obliged to select a citizen 
for his patron (xpoirTdrni), who was not only the 
mediator between them and the state, through 
whom alone they could transact any legal business 



METOPA. 761 

whether private or public, but was at the same 
time answerable (tyyvnTris) to the state for the 
conduct of his client. (Etymol. M. s. r. 'Airpoora- 
o-i'ou.) On the other hand, however, the state 
allowed the aliens to carry on all kinds of industry 
and commerce under the protection of the law ; in 
fact at Athens nearly all business was in the hands 
of aliens, who on this account lived for the most 
part in the Peiraeeus. (Xen. de Vedig. c. 2, de Rep. 
Ath.\. 12.) 

Each family of aliens, whether they availed them- 
selves of the privilege of carrying on any mercantile 
business or not, had to pay an annual tax (fieTot- 
kiov or leviKo) of twelve drachmae, or if the head 
of the family was a widow, of only six drachmae. 
(Bockh, Pu/jI. Econ. iii. § 7 ; Isaeus up. tiarpo- 
crat. s.v. MeroiKioc.) If aliens did not pay this 
tax, or if they assumed the right of citizens, and 
probably also in case they refused to select a pa- 
tron, they not only forfeited the protection of the 
state, but were sold as slaves. [Atrostasiou 
Dike.] In some cases, however, though they 
are of rare occurrence, aliens without having the 
isopolity, might become exempt from the ptTotKiov 
( oT«'A.€ia hctoik'iov) as well as from other obliga- 
tions. (Demosth. c. Aristocrat, p. 691 ; Plut. Pit 
dec. Oral. p. 842 ; Demosth. c. Aristog. p. 787 ; 
Suidas, s. v. Herobow.) Extraordinary taxes and 
liturgies (tlotpopai and AeiToi/p7i'oi) devolved upon 
aliens no less than upon citizens (Demosth. c. 
Androt. p. 612), though there must have been a 
difference between the liturgies performed by citi- 
zens and those performed by aliens. In what this 
difference consisted is nowhere expressly mentioned, 
but wc have reason to believe that with the ex- 
ception of the trierarchy and gymnasiarchv, all 
other liturgies might devolve upon aliens, though 
perhaps only on certain occasions, as the choregia 
at the festival of the Lcnaea. (Schol. ad Aristoph. 
Plut. 954 ; compare Bockh, Pu/il. Econ. iv. § 10.) 
The extraordinary taxes (cUrtpopat) which aliens 
had to pay, seem also in some degree to have dif- 
fered from those paid by citizens ; and it is clear 
from Demosthenes (c. Androt. p. 609 and 612), 
that they were taxed higher than citizens of the 
same census. The aliens were also obliged, like 
citizens, to serve in the regular armies and in the 
fleet, both abroad and at home, for the defence of 
the city. (Xen.de Vectig. I.e.; Thucvd. ii. 13, iv. 
90 ; Demosth. c. Philip, i. p. 50 ; Thucyd. i. 143, 
iii. 16.) Respecting thoBC piroiKot who had ob- 
tained the iVoWAtm, see Civitas (Greek ). The 
heirs of a litroiicos who died in Attica, were under 
the jurisdiction of the polemarch. (Demosth. c. 
Steph. ii. p. 1135.) 

The preceding account of the condition of the 
aliens at Athens applies with very few modifica- 
tions to most other parts of Greece. (Comjiare 
Petitus, /yog. Alt. ii. 5. p. 246, &c. ; F. A. Wolf, 
Proleq.ad Isj tin. p. Ix vi. Ace; Hermann, Polit. 
Ant. §115.) [L. S.] 

METOPA or METOPE (m'toVti), tho 
name applied to each of the spaces between the 
triglyphs in the friez - of tin- D"ric order, and by 
metonymy to the sculptured ornament with which 
those spaces were filled up. In the original 
signifirance of the parts the triglyphs represent 
the ends of the cross-beams or joists which rested 
on the architrave ; the beds of these beams were 
called »«-ai', and henre the spares between them 
mr6*ai. (Vitruv. iv. 2. jj 4.) Originally th<y 



762 METRETES. 



MILLIARE. 



■were left open ; next they were filled up with 
plain slabs, as in the propylaea at Eleusis, and 
many other buildings, and lastly, but still at an 
early period, they were adorned with sculptures 
either in low or high relief. The earliest existing 
examples of sculptured metopes are probably those 
of the middle temple on the acropolis of Selinus, 
which had metopes only on its east front, and in 
which the style of the sculptures is so rude as al- 
most to remind one of some Mexican works of art. 
The date is probably between 620 and 580 B.C. 
The next in antiquity are those from the middle 
temple on the eastern side of the lower city of 
Selinus, in which there is a marked improvement, 
but which still belong to the archaic style. Their 
date is in the former half of the 5th century b. c. 
A still farther progress may be observed in the 
metopes of the southern temple on the eastern 
hill, which belongs to the second half of the same 
century. In these the ground is tufa and the 
figures marble ; the others are entirely of tufa. 
(See figures of the Selinuntine metopes in the 
Atlas zu Kugler^s Kunstgeschichte , pt. ii. pi. 5. figs. 1 
■ — 4 ; comp. Miiller, Arch'dol. d. Kunst, § 90, n. 2). 
Thus these Selinuntine metopes, with the works 
of the epoch of perfect art, namely the metopes of 
the temple of Theseus and of the Parthenon, form 
an interesting series of illustrations of the progress 
of Grecian sculpture. The metopes from the Par- 
thenon, now in the British Museum, are too well 
known to need description : but it is important 
to notice the marked difference in their style ; 
some show evident traces of the archaic school, 
while others are worthy of the hand of Pheidias 
himself. In the later orders the metopes are not 
seen, the whole frieze being brought to one surface. 
This is the case even in some ancient specimens 
of the Doric order. (Comp. Columna, and the 
plates of the order in Mauch, Architekton. Ord- 
nungen.) [P. S.] 

METRE'TES Ouerpij'Hjs), or AMPHORA 
METRETES (afX(popevs fxerp^T^s, the standard 
amphora), was the principal Greek liquid measure. 
It contained 12 choes, 48 choenices, 72 xestae (sex- 
tarii), and 144 cotylae. It was 3-4ths of the me- 
dimnus, the chief dry measure. The Attic me- 
tretes was half as large again as the Roman am- 
phora quadrantal, and contained a little less than 
9 gallons. (See the Tables.) If we take, ac- 
cording to BSckh's views, the Greek cubic foot as 
equal to 53^- Roman sextarii, then, since the Attic 
metretes contained 72 sextarii, we have the ratio 
of the metretes to the cubic foot as 72 : 53^- or as 
27 : 20, or as 135 : 100, or as P35 to 1, or nearly 
as 4 : 3. 

The Aeginetan metretes was to the cubic foot 
(still following Bockh's calculations) in the ratio 
of 9:4, and to the Attic metretes in the ratio of 
5 : 3, so that the Aeginetan measure was 2-5ths 
greater than the Attic ; and since the Attic con- 
tained 72 sextarii, the Aeginetan contained 120, 
which is precisely the content assigned by Cleo- 
patra, Galen, and Didymus, to the Babylonian, 
Syrian, or Antiochean metretes, which belonged 
to the same system as the Eginetan. [Mensura, 
Pondera]. 

The Macedonian metretes is inferred to have 
been much smaller than the Attic, from the cir- 
cumstance mentioned by Aristotle (Hist. Anim. 
viii. 9) of an elephant's drinking 14 of them at 
once ; but this is doubtful. [P. S.] 



METRO'NOMI (/^rpovS/xoi) were officers at 
Athens belonging to that class which we might 
term police-officers. They were, like all officers of 
this kind, appointed by lot. Their number is stated 
differently : some say that there were fifteen (ten 
for the Peiraeeus and five for the city) ; some say 
twenty -four (fifteen for the Peiraeeus, and nine for 
the city) ; and others state that there were only ten, 
five for the Peiraeeus and five for the city. (Har- 
pocrat, Suidas, Phot, and Lex. Seg. s. v. MeTpo- 
vtifioi.) Bockh (Pvhl. Econ. i. § 9. n. 193) would 
alter all these passages of the grammarians so as to 
make them say, that the whole number of metro- 
nomi was fifteen, and that ten were for the city and 
five for the Peiraeeus, because the sitophylaces were 
distributed in the same manner. But there does 
not appear sufficient ground for such a bold altera- 
tion, and it seems at any rate probable that the 
number of these officers, as the grammarians state, 
was necessarily greater in the port-town than in 
the city, for there must have been more business 
for them in the Peiraeeus than at Athens, which 
was not the case with the sitophylaces. The duties 
of the metronomi were to watch that the weights 
and measures used by tradesmen and merchants 
should have the size and weight prescribed by 
law, and either to punish offenders or to receive 
complaints against them, for the real nature of the 
jurisdiction of the metronomi is not known. (Meier 
and Schomann, Att. Proc. p. 93, &c.) [L. S.] 

METROPOLIS. [Colonia, p. 313, b.] 

MILLIA'RE, MILLIA'RIUM, or MILLE 
PASSUUM (jxiKiov), the Roman mile, consisted 
of 1000 paces (passus) of 5 feet each, and was 
therefore = 5000 feet. Taking the Roman foot at 
11'6496 English inches, the Roman mile would 
be 16' 18 English yards, or 142 yards less than the 
English statute mile. By another calculation, in 
which the foot is taken at 1L62 inches, the mile 
would be a little, more than 1614 yards. [Men- 
sura.] The number of Roman miles in a degree 
of a large circle of the earth is a very little more 
than 75. The Roman mile contained 8 Greek 
stadia. The most common term for the mile is 
mille passuum, or only the initials M. P. ; some- 
times the word passuum is omitted. (Cic. ad Att. 
iii. 4 ; Sallust, Jug. c. 114). 

The mile stones along the Roman roads were 
called milliaria. They were also called lapides; 
thus we have ad tertium lapidem (or without the 
word lapidem) for 3 miles from Rome, for Rome 
is to be understood as the starting-point when no 
other place is mentioned. Sometimes we have in 
full ah TJrbe, or a Roma. (Plin. H. N. xxxiii. 12. 
s. 56 ; Varro, R. R. iii. 2.) The laying down of 
the mile-stones along the Roman roads is commonly 
ascribed to C. Gracchus, on the authority of a pas- 
sage in Plutarch ( Gracch. 6, 7), which only proves 
that Gracchus erected mile-stones on the roads 
which he made or repaired, without at all imply- 
ing that the system had never been used before. 
There are passages in the historians, where mile- 
stones are spoken of as if they had existed much 
earlier ; but such passages are not decisive ; they 
may be anticipatory anachronisms. (Liv. v. 4 ; 
Flor. ii. 6 ; comp. Justin, xxii. 6. § 9.) A more 
important testimony is that of Polybius (iii. 39), 
who expressly states that, in his time, that part of 
the high road from Spain to Italy, which lay in 
Gaul, was provided with mile-stones. 

The system was brought to perfection by Au- 



MIMUS. 



MIMUS. 



763 



gustus, probably in connection with that measure- 
ment of the roads of the empire, which was set 
on foot by Julius Caesar, and the results of which 
are recorded in the so-called Anionine Itinerary. 
Augustus set up a gilt marble pillar in the forum 
at Rome, to mark the central point from which 
the great roads diverged to the several gates of 
Rome (Dion Cass. liv. 8 ; Plut. Galb. 24). It was 
called the Milliarium Aureum; and its position is 
denned as being in capite Romani Fori (Plin. H.N. 
5. 8. 9), sub aedem Saturni (Tac. Hist. i. 27). 
Some remains of it still exist, close to the Arch of 
Septimius Severus, consisting of a round base and 
a piece of fine marble 4+ feet in diameter, the whole 
being about 10 feet high. (Platner u. Bunsen, 
Ileschreilj. d. Sladt Horn. vol. iii. pt. 1. p. 73, pt. 2. 
p. 102 ; Platner u. Urlichs, Beschreih. Hums, p. 20.) 
It seems that the marble pillar was covered, on 
each of its faces, with tablets of gilt bronze ; but 
whether the information engraved upon them con- 
sisted simply of a list of the chief places on each 
road, with their distances, or whether there was 
a sort of map of each set of roads with the dis- 
tances marked upon them, is now unknown. It is 
also uncertain whether the miles began to be 
reckoned from the pillar itself, or from the city 
gates. (See De la S'auze, in the Mem. de I'Acad. 
des Inrcr. vol. xxviii. p. 388, &c. ; Ideler, in the 
Alhandl. d. Deri. Acad. 1812, pp. 134, 164.) 

The Milliarium Aureum at Byzantium, erected 
by Constantine in imitation of that of Augustus, 
was a large building in the forum Aujusteum, 
near the church of S. Sophia. (See Buchholz, in 
the Zeitschrift fur Alierihumswissenscluift, 1845, 
No. 100, &c.) 

London also had its Milliarium Aureum, a frag- 
ment of which still remains, namely, the cele- 
brated London Stone, which may be seen affixed 
to the wall of St. Switliin's Church in Cannon 
Street. 

From this example it may be inferred that the 
chief city of each province of the empire had its 
Milliarium Aureum. 

The ordinary milliaria along the roads were 
blocks or pillars of stone, inscribed with some or 
all of the following points of information: (1) 
the distance, which was expressed by a number, 
with or without M. P. prefixed : (2) the places 
between which the rond extended : (3 ) the name 
of the constrictor of the road, and of the emperor 
to whose honour the work was dedicated. Several 
of these inscriptions remain, and are collected in 
the following works : Gruter, C. I. pp. cli. &c. ; 
Muratori, Thes. vol. i. pp. 447, &c. ; Orclli, Insrr. 
iM.Sel. Nos. 1067, 3330, 4877 ; and especially 
Bergicr, Hist, des grand* Chemins des Horn. vol. ii. 
pp. 757, &c., Bruxclles, 1 728, 4to. 

On some of these mile-stones, which have been 
found in Oaul, the distances arc marked, not only 
in Roman miles, but also in Gallic Isutjar, a 
measure somewhat greater than the Roman mile. 
(FoC some further details respecting these extant 
mile stones, see the article Milliarium in the Real- 
Btefctop. (I. Class. AllerOt., to which the foregoing 
article is considerably indebted.) [I'-S.| 

MI. MI'S (puftot) is the name by which, in 
Greece and at Koine, a species of the drama was 
designated, though the Roman mimus differed 
essentially from the Greek u< • - .. 

The Greek mimus seems u> have originated 
among the Greeks of Sicily and southern Italy, 



and to have consisted originally of extempory re- 
presentations or imitations of ridiculous occurrences 
of common life at certain festivals, like the Spartan 
deicelistae. At a later period these rude repre- 
sentations acquired a more artistic form, which was 
brought to a high degree of perfection by Sophron 
of Syracuse (about 420 ac). He wrote his pieces 
in the popular dialect of the Dorians and a kind of 
rythmical prose. (Quinctil. i. 8.) The mimes of 
Sophron are designated as fxifioi oTrouoaToi, which 
were probably of a more serious and ethical cha- 
racter, and fiifioi yiKoioi, in which ridiculous buf- 
foonery preponderated. Such mimes remained after 
the time of Sophron a favourite amusement of the 
Greeks, and Philistion of Magnesia, a contemporary 
of Augustus, was a celebrated actor in them. (See 
Miiller, Dor. iv. 7. § 5.) 

Among the Romans the word mimus was ap- 
plied to a species of dramatic plays as well as to 
the persons who acted in them. It is certain that 
the Romans did not derive their mimus from the 
Greeks in southern Italy, but that it was of native 
growth. The Greek mimes were written in prose, 
and the name /xiuos was never applied to an actor, 
but if used of a person it signified one who made 
grimaces. The Roman mimes were imitations of 
foolish and mostly indecent and obscene occurrences 
(Ovid, Trisl. ii. 51.5 ; Valer. Max. ii. 6. § 7, x. 1 1), 
and scarcely differed from comedy except in con- 
sisting more of gestures and mimicry than of spoken 
dialogue, which was not the case in the Greek 
mimes. The dialogue was, indeed, not excluded 
from the Roman mimes, but was only interspersed 
in various parts of the representation, while the 
mimic acting continued along with it and uninter- 
ruptedly from the beginning to the end of a piece. 
At Rome such mimes seem originally to have been 
exhibited at funerals, where one or more persons 
(trams) represented in a burlesque manner the life 
of the deceased. If there were several mimi, one 
of them, or their leader, was called archimimus. 
(Suet. Vcspas. 19 ; Gruter, Inscript. 1089. 6.) 

During the latter period of the republic such 
farces were also represented in theatres ; but it 
appears that they did not attain any high degree 
of perfection before the time of Caesar, for it is not 
until then that writers of mimes are mentioned : 
Cn. Matius, Decius Laberius, and PubL Syrus 
were the most distinguished among them. (Gellius, 
xv. 25 ; Suet. Caes. 39 ; Cic. ad Fam. xii. 18.) 
These coarse and indecent performances, of which 
Sulla was very fond, had greater charms for the 
Romans than the regular drama : hence they were 
not only performed on the stage, but even nt re- 
pasts in the houses of private persons. On the 
stage they were performed as farces after tragedies, 
and during the empire they gradually supplanted 
the place of the Atellanae. The exnet time, how- 
ever, when the Atellanae yielded to the mimes is 
uncertain. It was peculiar to the actors in these 
mimes, neither to wear masks, nor the cothurnus, 
nur the soccus, whence they ore sometimes called 
planipedes. (Diom d. iii. 487; Gellius, i. 11; 
Mncrob. Oat- ii. ).) As the mimes contained 
scenes taken from common life, such as exhibited 
its most striking features, their authors are some- 
lime* i illed l,i ,|n;fj ,,r rtholugi (Cir. prn Rahir. 12, 
dr. Oral. ii. 59), and the works themselves were 
distinguished for their richness in moral sentences. 
That distinguished nnd living persons were some- 
times exposed to ridicule in these mimes, is clear 



764 



MISTIIOU DIKE. 



MODULUS. 



from J. Capitolinus (At. Ant. Philos. c. 29). (Com- 
pare Reuvens, Collectan. Literar. i. p. 51, &c ; 
Osann, Anakct. crit. i. p. 67, &c. ; Ziegler, De 
Mimis Romanorum, Gbtting. 1788). [L. S.] 
MINA. [Talentum.] 
MINOR. [Curator; Infans.] 
MINU'TIO CA'PITIS. [Caput.] 
MIRMILLO'NES. [Gladiatores, p. 675, b.] 
MI'SSIO. [Exercitus, p. 499, b.j 
MI'SSIO. [Gladiatores,, p. 575, a.] 
MISTHO'PHORI (/nadolol). [Merce- 

NARII.] 

MISTHOSEOS DIKE (fuaedacws St'/oj), also 
called /xitrSwo-fws oikov 5i'/oj, is the action brought 
against a guardian for either having neglected to 
make profitable use of the property of his ward, or 
for having made no use of it at all. Use might be 
made of such property either by letting it, if it 
consisted of lands or houses, or by putting it out 
to interest, if it consisted of capital. The biitri 
IxiaSuaeas must have been of a twofold character, 
either public or private, that is, it might be brought 
against the guardian, during the minority of his 
ward, by any person who took an interest in the 
welfare of the orphan, or it was brought by the 
orphan himself after his coming of age. Complaints 
of this kind were brought before the first archon. 
In cases where the guardian would not or could 
not occupy himself with the administration of the 
property of his ward, he might request the archon 
to let the whole substance of his ward's property 
to the highest bidder, provided the testator had 
not expressly forbidden this mode of acting in his 
will. (Demosth. c. Aphob. p. 837 ; compare 853, 
857 ; Lys. c. Diogit. p. 906.) The letting of such 
property took place by auction, and probably in the 
presence of a court of justice, for vve read that the 
court decided in cases where objections were made 
against the terms of letting the property. (Isaeus, 
de Philoctem. hered, p. 141, &c.) The person who 
took the property had to pay an annual per- 
centage for the right of using it, and this percent- 
age frequently amounted to more than 1 2 per cent, 
per annum. If one man alone was unwilling to 
take the whole property on such conditions, it 
might be divided and let to several persons sepa- 
rately. (Isaeus, de Menecl. hered. p. 13.) The 
tenant or tenants of the property of an orphan had 
to give security (airoTi)i.-t)p.a.) for it, and to mort- 
gage (aTroTifiav) his own estate, and the archon 
sent especial persons, cwroTi.uijTai', to value his pro- 
perty, and to ascertain whether it was equivalent 
to that of the orphan. ( Suidas, s. v. 'hiro^iix-qrai.) 
The technical term for letting the property of an 
orphan, whether it was done by the guardian him- 
self or by the archon, was fxiadovv, and those who 
took it were said /j.ia$ovcr8ai roc oiitov (oIkos here 
signifies the whole substance of the property). The 
tenants of the estate of an orphan had the right 
and perhaps the obligation to protect it against any 
other person. (Isaeus, de Hagn. hered. p. 289.) It 
is not clear what resource was open to an orphan 
against a tenant who did not fulfil his obligations, 
but it is probable, that if any disputes arose, the 
guardian or the archon alone were answerable and 
had to procure justice to the orphan. 

(Meier and Schb'mann, A tt. Proc. pp.295, 532; 
Bdckh, PuU. Econ. p. 355, &c, 2d ed.) [L. S.] 

MISTHOU DIKE (^laSov Ukt) or fuoewaeus 
S : kti) is the name of a private action which might 
be brought against persons who refused to pay for 



services which had been performed for them, pro- 
vided it had been agreed that they should be paid 
for ; and, secondly, against persons who either had 
not or had imperfectly performed the services for 
which they were paid. It made no difference 
whether the service was performed by physical or 
intellectual powers, as teachers, sophists, actors, 
authors, and similar persons were paid at Athens 
(BSckh, Pub!. Econ. i. § 21), and it is natural to 
suppose that these persons, like others, made agree- 
ments, either written or by word of mouth, re- 
specting the remuneration to be given to them. In 
case either party thought themselves wronged they 
might bring the fuadov Siicri against the other. 
Protagoras had written a book called SiKr; virep 
fxioSov, and an instance is recorded of an action of 
this kind in which he demanded payment of one 
of his pupils. (Diog. Laert. ix. 8. § 8.) It is not 
improbable that his work contained an account of 
this law-suit. (Meier and Schb'mann, Aft. Proc. 
p. 534, &c.) [L.S.] 

MITRA (fxirpa), signified in general a band of 
any kind, and was used specifically to indicate, 
1. A belt or girdle worn by warriors round the 
waist. [Zona.] 2. A broad band of cloth worn 
round the head, to which the name of anadema 
was sometimes given. [Coma, p. 329, b.] 3. In 
later times, a band worn round the bosom by women, 
which the Greeks usually called air6ieo-fios, and 
the Romans fascia pectoralis or stropMv/m. (Becker, 
ChariMes, vol. ii. p. 329.) [Fascia ; Strophium.] 

MIXTA ACTIO. [Actio.] 

MNA (fiva). [Talentum.] ' 

MNE'MATA, MNEMEIA {^v^ara, fivt\- 
p-zia). [Funus, p. 556, a.] 

MNOIA (/J-voia). [Cosmi.] 

MOCHLUS (uoxao's). [Janua.] 

MO'DIOLUS, the diminutive of Modius, is 
used for various kinds of small vessels ; among 
others, for the buckets on the edge of the tym- 
panum, by which water was raised (Vitruv. x. 
1 0), and generally for any kind of bucket or 
small cistern in hydraulic machinery (lb. 12, 13) ; 
for the well of an oil press (Cat. R. R. 20) ; for 
the box of a wheel (Plin. II. N. ix. 4. s. 3 ; Vitruv. 
x. 14) ; and for other kinds of sockets (Vitruv. x. 
18). [P. S.] 

MO'DIUS, the principal dry measure of the 
Romans, was equal to one-third of the amphora 
(Volusius Maecianus, Festus, Priscian, ap. Wurm, 
§ 67), and was therefore equal to nearly two gal- 
lons English. It contained 1 6 sextarii, 32 heminae, 
64 quartarii, 128 acetabula, and 192 cyathi. Com- 
pared with the Greek dry measure, it was ] -6th 
of the Medimnus. Its contents weighed, accord- 
ing to Pliny, 20 pounds of Gallic wheat, which 
was the lightest known at Rome. Farmers made 
use of vessels holding 3 and 10 modii (Colum. xii. 
18. § 5). The third part of the jugerum was 
sometimes called modius. [P. S.] 

MO'DULUS (i/j-Sdrris), the standard measure 
used in determining the parts of an architectural 
order. It was originally the lower diameter of 
the column ; but Vitruvius takes, in the Doric 
order, the lower semidiameter for the module, re- 
taining the whole diameter in the other orders. 
Modern architects use the semidiameter in all the 
orders. The system of dividing the module into 
minutes was not used by the ancient architects, 
who merely used such fractional parts of it as were 
convenient. The absolute length of the module 



MO LA. 



MOLA. 



765 



depends, of course, on the dimensions of the edi- 
fice : thus Vitruvius directs that, in a Doric tetra- 
.stvle portico, 1 -28th, and in a hexastyle l-44th of 
the whole width should be taken as the module, 
if diastyle, or l-23rd and l-35th respectively, if 
systvle. (Vitrur. i. 2, iv. 3, v. 9). [P.S.] 

MOENIA. [Murl-s.] 

MOICHEIAS GRAPHE. [A^i lterum.] 

MOLA (fiv\os), a mill. All mills were an- 
ciently made of stone, the kind used being a vol- 
canic trachyte or porous lava (pyrites, Plin. //. .V. 
xxxvi. 30 ; silices, Virg. Moret. 23 — 27 ; jmmiceas, 
Ovid. Fast. vL 318), such as that which is now 
obtained for the same purpose at Mayen and 
other parts of the Eitel in Rhenish Prussia. This 
species of stone is admirably adapted for the pur- 
pose, because it is both hard and cavernous, so 
that, as it gradually wears away, it still presents 
an infinity of cutting surfaces. 

Every mill consisted of two essential parts, the 
upper mill-stone, which was moveable (catillus, 
0V05, to iiti^vKiov, Deut. xxiv. G), and the lower, 
which was fixed and by much the larger of the two. 
Hence a mill is sometimes called molae in the 
plural. The mills mentioned by ancient authors 
are the following : — 

I. The hand-mill, or quern, called mola manu- 
ana, versatilis, or trutatilis. (Plin. //. .V. xxxvi. 
29 ; Cell. iii. 3 ; Cato, de lie Hud. 10.) 

The islanders of the Archipelago use in the pre- 
sent day a mill, which consists of two fiat round 
stones about two feet in diameter. The upper 
stone is turned by a handle (xunrn, Schol. in 
Tlteocrit. iv. 58) inserted at one side, and has a 
hole in the middle into which the com is poured. 
By the process of grinding the corn makes its way 
from the centre, and is poured out in the state of 
flour at the rim. (Toumefort, Voyatje, Lett. 9.) The 
description of this machine exactly agrees with 
that of the Scottish quern, formerly an indispensable 
part of domestic furniture. (Pennant, Tour in Scot- 
land, 1769, p. 231 ; and 1772, p. 328.) There can 
be no doubt that this is the Hour-mill in its most 
ancient form. In a very improved state it has 
been discovered at Pompeii. The annexed wood- 
cut shows two which were found standing in the 
ruins of a bakehouse. In the left-hand figure the 
lower millstone only is shown. The most essential 
part of it is the cone, which is surmounted by a 
projection containing originally a strong iron pivot. 
The upper millstone, scru in its place on the right 
hand of the woodcut, approaches the form of an 




hour-gl.«*, consisting of two hollow cones, jointed 



together at the apex, and provided at this point 
with a socket, by which the upper stone was sus- 
pended upon the iron pivot, at the same time 
touching on all sides the lower stone, and with 
which it was intended to revolve. The upper 
stone was surrounded at its narrowest part with a 
strong band of iron ; and two bars of wood were 
inserted into square holes, one of which appears in 
the figure, and were used to turn the upper stone. 
The uppermost of the two hollow cones served the 
purpose of a hopper. The corn with w hich it was 
filled, gradually fell through the neck of the upper 
stone upon the summit of the lower, and, as it pro- 
ceeded down the cone, was ground into flour by 
the friction of the two rough surfaces, and fell on 
all sides of the base of the cone into a channel 
formed for its reception. The mill here represented 
is five or six feet high. 

The hand-mills were worked among the Greeks 
and Romans by slaves. Their pistrinum was con- 
sequently proverbial as a place of painful and de- 
grading labour ; and this toil was imposed princi- 
pal)- on women. (Horn. Od. viL 104 ; Exod. xi. 
5 ; Matt xxiv. 41.) 

In every large establishment the hand-mills were 
numerous in proportion to the extent of the family. 
Thus in the palace of Ulysses there were twelve, 
each turned by a separate female, who was obliged 
to grind even - da) - the fixed quantity of corn before 
she was permitted to cease from her labour. (Od. 
XX 105 — 1 19 ; compare Cato, de He Hud. 56.) 

II. The cattle-mill, mola asinaria (Cato, de He 
Hust. 10 ; Matt, xviii. 6) in which human labour 
was supplied by the use of an ass or some other 
animal. (Ovid, Fast. vi. 318.) The animal devoted 
to this labour was blind-folded. (ApuL Met. ix.) 
The mill did not ditl'er in its construction from the 
larger kinds of hand-mill. 

III. The water-mill (mola aijuaria, iSpa\fTT)s). 
The first water-mill, of which any record is pre- 
served, was connected with the palace of Mitbri- 
dates in Pontus. (Strabo, xiL 3. § 30.) That 
water-mills were used at Koine is manifest from 
the description of them by Vitruvius (x. 5. ed. 
Schneider). A cogged wheel, attached to the axis 
of the water wheel, turned another which was 
attached to the axis of the upper mill stone: the 
corn to be ground fell between the stones out of a 
hopper (inj'undilndum), which was fixed above 
them. (See also lininck, Anal. ii. 119; Pallad. de 
He Hust. i. 42.) Ausonius, as quoted below, 
mentions their existence on the Ruwer near Treves ; 
and Venantius Portuuatus, describing a castle 
built in the sixth century on the banks of the Mo- 
selle, makes distinct mention of a tail-race, by 
which " the tortuous stream is conducted in a 
straight channel." (l'oem. m. 10.) 

IV. The floating -mill. When Home was be- 
sieged by the Goths, A. D. 536, and when the stop- 
page of the aqueducts rendered it im|K>ssible to use 
the public corn-mills (oi Trjs ir<iA.cci>i /it/Aoo-tr) in 
the Janiculum, so that the citizens were in danger 
of starvation, ilclisariu* supplied their place by 
erecting floating-mills u|>on the Tiber. Two boats 
being moored at the distance of two feet from each 
Other, a water- wheel, »u.H|iended on its axis between 
them, was turned by the force of the stream, and 
put in motion the stones for grinding the com, by 
which the lives of the besicg. d were preserved. 
(1'rocop. de Hello (•otliico, i. 15.) 

V. The saw mill. Ausonius mentions mills 



766 



MONETA. 



MONETA. 



situated on some of the streams falling into the 
Moselle, and used for cutting marble into slabs. 
(Mosella, 362, 363.) 

VI. The pepper-mill. A mill for grinding pep- 
per, made of boxwood, is mentioned by Petronius 
(molea huxea piper trivit, Sat. 74). [J. Y.] 

MONA'RCHIA (fxovapxi-a), a general name 
for any form of government in which the supreme 
functions of political administration are in the 
hands of a single person. The term fiovapx^a is 
applied to such governments, whether they are he- 
reditary or elective, legal or usurped. In its com- 
monest application, it is equivalent to fiaaihe'ia, 
■whether absolute or limited. But the rule of an 
aesymnetes or a tyrant would equally be called a 
fiovapx't-a. (Arist. Pol. iii. 9, 1 0, iv. 8 ; Plato, 
Polit. p. 291, c. e. p. 302, d. e.). Hence Plutarch 
uses it to express the Latin dictatura. It is by a 
somewhat rhetorical use of the word that it is ap- 
plied now and then to the Srjuos. (Eurip. Suppl. 
352 ; Arist. Pol. iv. 4.) For a more detailed ex- 
amination of the subject the reader is referred to 
the article Rex, Archon, Tyrannus, Prytanis, 
Aesymnetes, Tagus. [C. P. M.] 

MONE'TA, the mint or the place where money 
was coined. The mint of Rome was a building on 
the Capitoline, and attached to the temple of Juno 
Moneta, as the aerarium was to the temple of 
Saturn. (Liv. vi. 20.) This temple was vowed by 
Camillus, and dedicated in 344 b. c. on the spot 
where the house of M. Manlius Capitolinus had 
once been standing. (Liv. vii. 28 ; Ov. Fast. vi. 
183.) Some writers describe the art of coining as 
having been known to the Italians from the earliest 
times, „and assign its invention to Janus (Macrob. 
Sat. i. 7 ; Athen. xv. p. 692) ; but this and 
similar accounts are nothing more than fables. 
The statement of Pliny (H. 2V. xxxiii. 3), who as- 
signs the invention of coining to Servius Tullius, 
has somewhat more of an historical aspect ; and he 
derives the name pecunia from the circumstance that 
the coins were originally marked with the image 
of some animal. The earliest Roman coins were of 
aes [Aes], and not struck, but cast in a mould. 
(See the representation of such a mould on page 
545.) The moulds, however, were sometimes with- 
out any figure and merely shaped the metal, and 
in this case, the image as well as the name of the 
gens, &c, were struck upon it by means of a ham- 
mer upon an anvil on which the form was fixed. 
As the strokes of the hammer were not always 
equal, one coin though equal in value with another 
might differ from it in thickness and shape. 
Greater equality was produced at the time when 
the Romans began to strike their money ; but 
when this custom became general, is not known. 
Respecting the changes which were introduced at 
Rome at various times in the coinage see Aes, As, 
Argentum, Aurum, and Nummus. 

In the early times of the republic we do not 
read of any officers who were charged with the 
superintendence of the mint ; and respecting the 
introduction of such officers we have but a very 
vague statement of Pomponius. (Dig. 1. tit. 2. 
§ 30.) Their name was triumviri monetales, and 
Niebuhr (Hist, of Rome, iii. p. 646) thinks that 
they were introduced at tha'time when the Ro- 
mans first began to coin silver, i. e. 269 B. c. The 
triumviri monetales had the whole superintend- 
ence of the mint, and of the money that was coined 
in it. A great number of coins, both of gold and 



silver, is signed by these triumvirs in the fol- 
lowing manner: — III. VIR. AAAFF, that is, 
triumvir auro, argento, aere flando feriundo (Cic. 
de Leg. iii. 3 ; P. Manut. ad Cic. ad Pam. vii. 
13) or III. VIR. A.P.F. that is, ad pecuniam 
feriundam. Other coins on the other hand do not 
bear the signature of a triumvir monetalis, but the 
inscription CUR. X. FL. S. C. i. e. curator dena- 
riorum flandorum ex senatusconsulto, or are signed 
by praetors, aediles, and quaestors. Caesar not 
only increased the number of the triumviri mone- 
tales to four ; whence some coins of his time bear 
the signature IIII. VIR. A.P.F., but entrusted 
certain slaves of his own with the superintendence 
of the mint. (Suet. Caes. 76 ; compare Cic. Philip. 
vii. 1.) The whole regulation and management of 
the Roman mint and its officers during the time of 
the republic is involved in very great obscurity. 

The coining of money at Rome was not a privi- 
lege belonging exclusively to the state, but from 
the coins still extant we must infer that every 
Roman citizen had the right to have his own gold 
and silver coined in the public mint, and under the 
superintendence of its officers. The individual or 
gens who had their metal coined, stated its name 
as well as the value of the coin. This was a kind 
of guarantee to the public, and nearly all the coins 
of the republican period coined by a gens or an in- 
dividual bear a mark stating their value. As long 
as the republic herself used pure silver and gold, 
bad money does not seem to have been coined by 
any one ; but when, in 90 B. c, the tribune Livius 
Drusus suggested the expediency of mixing the 
silver which was to be coined with one-eighth of 
copper, a temptation to forgery was given to the 
people, and it appears henceforth to have occurred 
frequently. As early as the year 86 b. c. forgery 
of money was carried to such an extent, that no 
one was sure whether the money he possessed was 
genuine or false, and the praetor M. Marius Grati- 
dianus saw the necessity of interfering. (Cic. de 
Of. iii. 20.) He is said to have discovered a 
means of testing money and of distinguishing the 
good from the bad denarii. (Plin. H. N. xxxiii. 
46.) In what this means consisted is not clear ; but 
some method of examining silver coins must have 
been known to the Romans long before this time. 
(Liv. xxxii. 2.) Sulla inflicted heavy punish- 
ment upon the coiners of false money ; his law 
remained in force during the empire, and not 
only false coining, but any crime connected with 
the deterioration of money, was gradually made to 
come under it. In the latest times of the empire 
false coining was treated as a crimen majestatis. 
All Roman money was generally coined at Rome, 
but in some particular cases the mints of other 
Italian towns, as in the provinces, were used ; for 
we must remember, that during the time of the 
republic, subject countries and provinces were not 
deprived of the right of coining their own money. 
This right they even retained under the empire for 
a long time, though with some modifications ; for 
while some places were allowed to coin their 
money as before, others were obliged to have upon 
their coins the head of the emperor, or of some 
member of his family. Silver and gold, however, 
were coined only in places of the first rank. When 
all Italy received the Roman franchise, all the 
Italians used the Roman money, and in conse- 
quence lost the right to coin their own. 

It has been stated above, that probably every 



MONETA. 

Roman citizen bad the right to have his sold and 
silver coined, but none had the right to put his 
own image upon a coin, and not even Sulla 
ventured to act contrary to this custom. The 
coins apparently of the republican period with 
the portraits of individuals, were, according to 
Eckhel, coined at a later time, and by the de- 
scendants of those persons whose portraits are 
given. Caesar was the first to whom this privi- 
lege was granted, and his example was followed 
by many others, as we see from the coins of Sext 
Pompeius. The emperors assumed the right to 
put either their own images or those of members of 
their families upon their coins. 

From the time of Augustus, the triumviri, gene- 
rally speaking, no longer put their names on any 
coin, and it became the exclusive privilege of the 
emperor to coin silver and gold. The senate en- 
trusted with the administration of the aerarium 
retained only the right of coining copper, whence 
almost all copper coins of this period are marked 
with S. C. or EX S. C. But this lasted only till 
the time of Gallienus, when the right of coining all 
money became the exclusive privilege of the em- 
perors. As, however, the vast extent of the empire 
rendered more than one mint necessary, we find 
that in several provinces, such as Gaul and Spain, 
Roman money was coined under the superin- 
tendence of quaestors or proconsuls. Roman colo- 
nies and provinces now gradually ceased to coin 
their own money. In the western parts of the 
empire this must have taken place during the first 
century of our aera, but in the East the Roman 
money did not become universal till after the time 
of Gallienus. From the time of the emperor 
Aurelian a great number of cities of the empire 
possessed mints in which Roman money was coined, 
and during the latter period of the empire the su- 
perintendents of mints are called procurators or 
praepositi monetae. 

The persons who were employed as workmen in 
a mint were called monetarii. Their number at 
Rome appears to have been very great during the 
latter period of the empire, for in the reign of 
Aurelian they nearly produced a most dangerous 
rebellion. (Aurel. Vict, de Caen. 35 ; Vopisc. 
Aurel. 38.) They seem generally to have been 
freedmen. (Murat. IrucripL 068. n. 5.) 

In (ireccc every free and independent city had 
the riirht to coin its own money. Sparta and 
Byzantium are said to have only coined iron money 
(I'nll'ix, vii. 106), but no ancient iron coin has 
ever been found. Respecting the time when money 
was first coined in Greece, see Akoentim and 
Nummus. TheGrerk term for money was v6niana, 
from v6pio%, because the determination of its value 
was fixed by law or contract. (Aristot. Ethic, v. 8.) 

The mint at Athens was called apyvpoKomunv. 
[ABOTROCOPnoN.] We do not hear of any 
officers connected with the management or the 
superintendence of the Athenian mint. How far 
the right of coining money was a privilege of the 
central government of Attica is unknown. But 
the extant coins show that at least some demcs of 
Attica had the right of coining, and it is probable 
that the government of Athens only watched over 
the weight and the purity of the metal, and that 
the people in their assembly had the right of regu- 
lating everything concerning the coining of money. 
(Aristoph. Ecda. II I It, \c.) The Attic gold and 
silver coins were always of very pure metal, and 



MOXILE. 767 

we have only one instance in which the state at a 
time of great distress used bad metal. This was 
in the archonship of Antigenes and Callias, B. c 
407 and 406. (Aristoph. Ran. 673, with theSchol., 
and 678.) Individuals who coined bad money 
were punished with death. (Demosth. c. LepL 
p. 508 ; Nomismatos Diaphoras Dike.) The 
place where money was coined is always indicated 
on Greek coins ; either the name of the place is 
stated, or some symbolical representation of the 
place, as the owl on Athenian and a peacock on 
Samian coins. These symbols are generally of a 
religious nature, or connected with the worship of 
the gods or heroes. 

For further information on this subject see 
Eckhel, Dactrinu Xumorum Vcterum, and especially 
the Prolegomena generalia in vol. i. ; Dureau de la 
Malle, Economic Politir/ue ties Homains. 

MONETARII, [ Mo n eta.] 

MONI'LE (oppos), a necklace. Necklaces were 
worn by both sexes among the most polished of 
those nations which the Greeks called barbarous, 
especially the Indians, the Egyptians, and the Per- 
sians. [Armilla.] Greek and Roman females 
adopted them more particularly as a bridal orna- 
ment. (Lucan, ii. 361 ; Claud, de vi. cons. Honor. 
527.) 

The simplest kind of necklace was the monile 
baccatum, or bead necklace (Virg. Acn. i. 657 ; 
Lamprid. Al. Sei>. 41), which consisted of berries, 
small spheres of glass, amethyst, &c, strung to- 
gether. This is very commonly shown in ancient 
paintings. (Sec woodcut, p. 136.) The head of 
Minerva at page 566, exhibits a frequent modifi- 
cation of the bead necklace, a row of drops hanging 
below the beads. These drops, when worn, arrange 
themselves upon the neck like rays proceeding 
from a centre. To this class of necklaces belongs 
one in the Egyptian collection of the British Museum 
(see the annexed woodcut), in which small golden 
lizards alternate with the drops. The figure in the 




7C8 



MORA. 



MORTARIUM. 



woodcut immediately underneath this exhibits the 
central portion of a very ancient and exquisitely 
wrought necklace, which was found at S. Agatha, 
near Naples, in the sepulchre of a Greek lady. It. 
has 71 pendants. Above them is a band consisting 
of several rows of the close chain-work, which we 
now call Venetian. [Catena.] We also give 
here the central portions, exhibiting the patterns of 
three splendid gold necklaces, purchased from the 
Prince of Canino for the British Museum. These 
were found in Etruscan tombs. The ornaments 
consist of circles, lozenges, rosettes, ivy-leaves, and 
hippocampi. A heart depends from the centre of 
one of the necklaces. 

The necklace was sometimes made to resemble a 
serpent coiled about the neck of the wearer, as was 
the case with that given as a nuptial present by 
Venus to Harmonia, which was ornamented in so 
elaborate a manner, that Nonnus devotes 50 lines 
of his Dionysiaca (v. 125, &c.) to its descrip- 
tion. This same necklace afterwards appears in 
the mythology as the bribe by which Eriphyle was 
tempted to betray her husband. (Apollodor. iii. 4. 
§ 2, iii. 6. §§ 2—6 ; Diod. iv. 65, v. 49 ; Serv. in 
Aen. vi. 445.) 

The beauty and splendour, as well as the value 
of necklaces, were enhanced by the insertion of 
pearls and precious stones, which were strung to- 
gether by means of linen thread, silk, or wires and 
links of gold. For this purpose emeralds, or other 
stones of a greenish hue (smaragdi), were often 
employed (virides gemmae, Juv. vi. 363). Amber 
necklaces are mentioned in the Odyssey (xv. 459, 
xviii. 295). Some account of the various kinds of 
links is given in the article Catena. The hooks 
or clasps for fastening the necklace behind the neck 
were also various, and sometimes neatly and in- 
geniously contrived. Besides a band encircling the 
neck, there was sometimes a second or even a third 
row of ornaments, which hung lower down, passing 
over the breast. (Horn. Hymn. ii. in Ven. 11 ; 
lonqa monilia, Ovid. Met. x. 264 ; Bb'ttiger, Sabina, 
vol. ii. p. 129.) 

Very valuable necklaces were sometimes placed, 
as dedicated offerings, upon the statues of Minerva, 
Venus, and other goddesses (Sueton. Galb. 18), 
and this was in accordance with the description of 
their attire given by the poets. (Horn. Hymn. i. in 
Ven. 88.) Horses and other favourite animals 
were also adorned with splendid necklaces (aurea, 
Virg. Aen. vii. 278 ; gemmata monilia, Ovid. Met. 
x. 113 ; Claudian, Epig. xxxvi. 9 ; A. Gell. v. 5). 
[Torques.] [J. Y.] 

MONOPO'DIUM. [Mensa.] 

MONOPTEROS. [Templum.] 

MONOXYLON. [Navis.] 

MONUMENTUM. [Funus, p. 561, a.] 

MORA. The fact of an obligatio not being 
discharged at the time when it is due, is followed 
by important consequences, which either may de- 
pend on the nature of the contract, or may depend 
on rules of positive law. After such delay the 
creditor is empowered to use all legal means to 
obtain satisfaction for his demand : he may bring 
his action against his debtor or against those who 
have become securities for him, and, in the case of 
pledge, he may sell the thing and pay himself out 
of the proceeds of the sale. For particular cases 
there are particular provisions : for instance, the 
purchaser of a thing after receiving it, must pay 
interest on the purchase -money, if there is delay in 



paying it after the time fixed for payment. (Dig. 
19. tit. 1. s. 13. § 20.) The rule is the same as to 
debts due to the Fiscus, if they are not paid when 
they are due. If a colonus was behind in payment 
of his rent for two years, the owner (locator) might 
eject him (Dig. 19. tit. 2. s. 54. § 1) : and a man 
lost the right to his emphyteusis, if he delayed the 
payment of what was due (canon) for three years. 

These were eases of delay in which there was 
simply a non-fulfilment of the obligatio at the 
proper time ; and the term Mora is sometimes ap- 
plied to such cases. But that which is properly 
Mora is when there is delay on the part of him 
who owes a duty, and culpa can be imputed to 
him. Some modern writers are of opinion that all 
delay in a person discharging an obligatio is Mora, 
except there be some impediment which is created 
by causes be}rond the debtor's control. But there 
are many reasons for the opinion that Mora in its 
proper sense always implied some culpa on the 
part of the debtor. This is proved by the general 
rule as to the necessity of interpellatio or demand 
of the creditor (si interpellates opportuno loco non 
solvent, quod apud judicem examinabitur) ; by 
the rules about excusationes a mora, which only 
have a meaning on the supposition that real mora 
is not always to be imputed to a man, though 
there may be delay in the discharge of an obli- 
gatio. That this is the true meaning of Mora is 
also shown by the terms used with reference to it 
(per eum stetit, per eum factum est quominus, &c). 
This view is confirmed also by the rule that in 
every case of Mora the particular circumstances 
are to be considered, a rule which plainly implies 
that the bare fact of delay is not necessary to con- 
stitute Mora. In a passage of Papinian (Dig. 12. 
tit. 1. s. 5) the doctrine that bare delay does not 
constitute legal Mora is clearly expressed. 

When Mora could be legally imputed to a man, 
he was liable to loss in many cases when he other- 
wise would not be liable : as if a man was bound 
to give a thing and it was lost or destroyed, he 
was to bear the loss, if the fault was his, that is, 
if real culpose mora could be imputed to him. (Dig. 
12. tit. 1. s. 5.) In cases where a man did not 
pay money when he ought, he was liable to pay 
interest if legal Mora could be imputed to him. 
In bonae fidei contractus interest 1 (usurae) was 
due if there was legal mora. (Vangerow, Pan- 
dekten, &c'. iii. p. 188 ; Thibaut, System, &o. i. 
§ 96, &c. ; Dig. 22. tit. 1.) [G. L.] 

MORA. [Exercitus, p. 483.] 

MORTA'RIUM, also called PILA and PI- 
LTJM (Plin. H. N. xviii. 3 ; xxxiii. 26), (oA/xos : 
fySy, Schol. in Hes. Op. et Dies, 421 ; 'iyhis, ap- 
parently from the root of icere, to strike), a mortar. 

Before the invention of mills [Mola] corn was 
pounded and rubbed in mortars (pistum), and 
hence the place for making bread, or the bake- 
house, was called pistrinum. (Serv. in Virg. Aen. 
i. 179.) Also long after the introduction of mills 
this was an indispensable article of domestic furni- 
ture. (Plaut. Aul. i. 2. 17 ; Cato, de Re Rust. 74 
— 76 ; Colum. de Re Rust. xii. 55.) Hesiod (I. c), 
enumerating the wooden utensils necessary to a 
farmer, directs him to cut a mortar three feet, and 
a pestle (vmpov, Koiravov, pistillum) three cubits 
long. Both of these were evidently to be made 
from straight portions of the trunks or branches of 
trees, and the thicker and shorter of them was to 
be hollowed. They might then be used in the 



MUNYCHIA. 
manner represented in a painting on the tomb of 
Hemeses III. at Thebes (see woodcut, left-hand 
figure taken from Wilkinson, vol. ii. p. 383) ; for 
there is no reason to doubt that the Egyptians and 
the Greeks fashioned and used their mortars in the 
same manner. (See also Wilkinson, vol. iii. p. 
181, showing three stone mortars with metal pes- 
tles.) In these paintings we may observe the 
thickening of the pestle at both ends, and that two 
men pound in one mortar, raising their pestles 
alternately as is still the practice in Egypt. Pliny 
(//. X. xxxvi. 43) mentions the various kinds of 
stone selected for making mortars, according to the 
purposes to which they were intended to serve. 
Those used in pharmacy were sometimes made, as 
he says, 14 of Egyptian alabaster." The annexed 
woodcut shows the forms of two preserved in the 




Egyptian collection of the British Museum, which 
exactly answer to this description, being made of 
that material. They do not exceed three inches in 
height: the dotted lines mark the cavity within 
each. The woodcut also shows a mortar and 
pestle, made of baked white clay, which were dis- 
covered, a. D. 1831, among numerous specimens of 
Roman pottery in making the northern approaches 
to London-bridge (Archaeoloyia, vol. xxiv. p. 199, 
plate 44.) 

Besides the uses already mentioned, the mortar 
was employed in pounding charcoal, rubbing it 
with glue, in order to make black paint (alramen- 
turn, Vitruv. vii. 10. ed. Schneider) ; in making 
plaster for the walls of apartments (Plin. If. X. 
xxxvi. 55) • in mixing spices and fragrant herbs 
and flowers for the use of the kitchen (Athen. ix. 
70 ; Krunck, Ann/, iii. 51) ; and in metallurgy, as 
in triturating cinnabar to obtain mercury from it 
bv sublimation. (Plin. //. X. xxxiii. 41, xxxiv. 
22.) [J. Y.] 

MOS. [Jis, p.G57. a.1 

MOTH ACES, MO'I IIO'NES (^IfloKti, niCw- 

Vtt), [ClVITAS, p. 290, I).] 

MI'CIA'NA CAUTIO. [Cautic] 
MU'LLEI.S. [I'atricii.J 
Mt'LSl'M. [Vim.m.J 
MULTA. f Pokna. ] 

MUNEKATOK. IOladiatorm, p. 574,a.J 
MI 'MCKPS, MIMCI'PILM. [Colonia; 

K'iKllKllA'l AF. ClVM A I K-. | 

M UN US. [Honoris.] 

M UNI S. [(iLADIATOKKK, p. 574, a.] 

MUNY'CHIA (novvvx"*), a festival cele- 
brated in honour of Artemis Munychia. Plutarch 
(d Olor. Ath. p. 349, P.) says that it was insti- 
i r I i.i ( ,iuini in. .rate the victory over the Per- 



MUKUS. 763 

sians at Salamis, and that it was held every year 
on the sixteenth of Munychion. (Compare Suidas 
and Harpocrat. s. v. Vlovvvx^v.) The sacrifices 
which were offered to the goddess on this day 
consisted of cakes called a/j.<pi<pwmcs, either be- 
cause at this season the full moon was seen in the 
west at the moment the sun rose in the east, or, 
as is more probable, and also confirmed by most 
authorities, because these cakes were adorned all 
round with burning candles. (Athen. xiv. p. 645 ; 
Suidas, s. r. 'AvooraTot : Hesych. and Etymol. 
Mag. s. v. 'A/i<pt<pwv.) Eustathius (ad Iliad, xviii.) 
savs that these cakes were made of cheese. [L. S.] 

MURA'LIS CORO'NA. [Corona.] 

MUREX. [Tribulus.] 

MU'RIES. [Vestales.] 

MU'RRHIXA VASA, or MU'RREA VASA, 
were first introduced into Rome by Pompey, who 
dedicated cups of this kind to Jupiter Capitolinus. 
(Plin. //. A", xxxvii. 7.) Their value was very 
great (Sen. de Bene/, vii. 9, Episl. 119 ; Mar- 
tial, iii. 82. 25 ; Dig. 33. tit. 10. s. 3. § 4.) Pliny 
(/. c.) states that 70 talents were given for one 
holding three sextarii, and speaks of a murrhine 
trulla, which cost 300 talents. Xero gave even 
300 talents for a capis or drinking cup. 

Pliny (xxxvii. 8) says that these murrhine 
vessels came from the East, principally from places 
within the Parthian empire, and chiefly from Cara- 
uiania. He describes them as made of a substance 
formed by a moisture thickened in the earth by 
heat, and says that they were chiefly valued on 
account of their variety of colours. Modern writers 
differ much respecting the material of which they 
were composed. Some think that they were va- 
riegated glass, and others that they were made of 
onyx, since that stone presents a variety of colours ; 
but the latter conjecture is overthrown by a pas- 
sage of Lampridius (7 hliixjah. 32), who speaks of 
onyx and murrhine vases. Most recent writers, 
however, are inclined to think that they were true 
Chinese porcelain, and quote in support of their 
opinion the words of Propertius (iv. 5. 2(i) : — 

"Murreaquc in Parthis pocula cocta focis." 

This opinion would be rendered still more probable 
if we could place dependence on the statement of 
Sir W. Gell [Pompetana, vol. i. pp. 98, 99), ** that 
the porcelain of the East was called Mirrha di 
Smyrna to as late a date as 1555." (Becker, 
Callus, vol. i. p. 143.) 

MURUS, MO EN I A (ruxot), the wall of a 
city, in contradistinction to Paries (toixos), the 
wall of a house, and Afarrria, a boundary Wall. 
Both the Latin and Greek words appear to contain, 
as a part of their root meaning, the idea of a firm, 
slrnmj wall ; and they are nearly always used for 
walls of stone or some other massive construction. 
Alarm and rnxos arc also used fur the outer wall 
of a large building. 

We find cities surrounded by massive walls at 
the earliest periods of Greek and Roman history, 
of which we have any records. Homer *|K-nka of 
the chief cities of the Argive kingdom n» " the 
walled Tirv-ns," and " Mycenae the well-built 
city " (//. ii. 559, 669), not only thin, as in other 
passages, proving the common use of such struc- 
tures in the Homeric period, but also nttesting the 
great antiquity of those identical gigantic walls 
which still stand at Tiryns and Mycenae, and 
other cities of (ireeee and Italy. In Epirus, iu 
3 D 



770 MURUS. 

Etruria, and in Central Italy, especially in the 
valleys at the foot of the Apennines on their 
"western side, we find numerous remains of walls, 
which are alike, inasmuch as they are composed 
of immense blocks of stones put together without 
cement of any kind, but which differ from one 
another in the mode of their construction. Three 
principal species can be clearly distinguished : — 
1. That in which the masses of stone are of ir- 
regular shape and are put together without any 
attempt to fit them into one another, the inter- 
stices being loosely filled in with smaller stones ; 
as in the walls of the citadel of Tiryns, a portion 
of which is shown in the following engraving : ■ — ■ 




Another specimen of the buildings at Tiryns, of 
much more regular construction, may be seen at 
p. 125. 

2. In other cases we find the blocks still of ir- 
regular polygonal shapes, but of a construction 
which shows a considerable advance upon the 
former. The stones are no longer unhewn (apyol 
Aifloi), but their sides are sufficiently smoothed to 
make each fit accurately into the angles between 
the others, and their faces are cut so as to give the 
whole wall a tolerably smooth surface. Examples 
of this sort of work are very common in Etruria. 
The engraving is taken from the walls of Larissa 
in Argolis. 




3. In the third species, the blocks are laid in 
horizontal courses, more or less regular (sometimes 
indeed so irregular, thatnone of the horizontal joints 
are continuous), and with vertical joints either 
perpendicular or oblique, and with all the joints 
more or less accurately fitted. The walls of My- 
cenae present one of the ruder examples of this 
sort of structure ; and the following engraving of 
the " Lion Gate," of that fortress (so called from 
the rudely sculptured figures of lions) shows also 
the manner in which the gates of these three spe- 
cies of walls were built, by supporting an immense 
block of stone, for the lintel, upon two others, for 
jambs, the latter inclining inwards, so as to give 
more space than if they were upright. A very 
large number of interesting examples of these con- 



MURUS. 




structions will be found engraved in some of the 
works presently referred to. We have only space 
for these three characteristic specimens, one of each 
class. Neither is it here possible, or at all necessary, 
to discuss the opinions of ancient writers, most of 
whom were content with the popular legend which 
assigned these works to the Cyclopes, nor the 
theories of modern scholars and antiquarians, who 
(with some of the ancients) have generally referred 
them to the Pelasgians. The principal conclusions 
to which Mr. Bunbury has come, from a thorough 
examination of the whole subject, may be safely 
regarded as correct : namely, that while in such 
works as the walls of Tiryns we have undoubt- 
edly the earliest examples of mural architecture, 
it is quite a fallacy to lay down the general prin- 
ciple, that the unhewn, the polygonal, the more 
irregular and the more regular rectangular con- 
structions, always indicate successive steps in the 
progress of the art ; and that it is also erroneous to 
assign these works to any one people or to any one 
period ; that, while such massive structures would 
of course be built by people comparatively ignorant 
of the art of stone-cutting or of the tools proper for 
it, they might be and were also erected in later 
times simply on account of their adaptation to their 
purpose, and from the motive of saving unnecessary 
labour ; and that the difference between the poly- 
gonal and rectangular structures is generally to be 
ascribed not to a difference in the skill of the 
workmen, but to the different physical characters 
of the materials they employed, — the one sort of 
structure being usually of a species of limestone, 
which easily splits into polygonal blocks, and the 
other a sandstone, the natural cleavage of which 
is horizontal. (Bunbury, Cyclopaean Remains in 
Central Italy, in the Classical Museum, 1 845, vol. ii. 
pp.147, &c. ; Midler, Arch'dol. d. Kunst, §§ 45, 1 66, 
and the works there quoted ; Stieglitz, Arch'dol. d. 
Baukunst, vol. i. pp. 95 — 98 ; Hirt, Gcscli. d. Bau- 
hunst, vol. i. pp. 1 95, &c, and plate vii. from which 
the foregoing cuts are taken ; Atlas zu Kugler^s 
Kunstgeschichte, Pt. ii. PI. 1 ; Gb'ttling in the 
Rhein. Mus. 1843, vol. iv. pp.321, 480, and in 
the Archaologische Zeitung, No. 26 ; Pompeii, 
vol. i. c. 4, with several woodcuts of walls ; Abeken, 
Mittelitalien vor den Zeiten romisclter Herrscliaft, 
a most important work, with numerous engravings 
of walls). 

The examples of the foregoing class lead us 
gradually to the regular mode of construction which 
prevailed in Greece after the time of the Persian 
Wars, and which had been adopted in the walls 
of temples much earlier. In the long walls of 



MURUS. 

Athens, and the walls of Peiraeeus, the massivcness 
of the Cyclopaean works was united with perfect 
regularity of construction. The stones, which were 
so large that each was a cart-load (afm£iatoi) were 
accurately fitted to one another (eV -roup iyyuviot), 
and held together, without cement by metal clamps 
soldered with lead into sockets cut into the blocks 
of stone. (Thuc. i. <J?,). The walls of the Par- 
thenon, and the other great edifices of the period, 
were of similar construction. Sometimes wooden 
plugs were used instead of metal clamps. It is 
unnecessary to describe here the details of the 
modes in which the joints were arranged in this 
regular and massive masonry. So perfect was the 
workmanship at this period of the art, that the 
joints often appeared like a thread : and Pliny 
mentions a temple at Cyzicus, in the interior wall 
of which a fine thread of gold was actually inserted 
in the joints of the masonry. (//. N. xxxvi. 15. 
s.22.) 

The materials employed at this period were 
various sorts of stone, and, in some of the most 
magnificent temples, marble. The practice of 
putting a facing of marble over a wall of a com- 
moner material was introduced in the next period 
of architectural history. The first example of it, 
according to Pliny (//. A', xxxvi. 6. s. 6;, was in 
the palace of Mausolus, the walls of which were of 
brick, faced with slabs (crustae) of Proconncsian 
marble (about B. c. 360). Vitruvius (ii. 8) also 
states this fact, and adds that brick walls, when 
perfectly perpendicular, are quite as durable as 
those of stone, and, in proof of this, he mentions 
several examples of very ancient brick buildings, 
b ith in Greece and Italy. (Comp. Vitruv. i. 42 ; 
Paus. i. 42, ii. 27, v. 5, x. 4, 35 ; Latek.) 

For buildings of u common sort, the materials 
employed were smaller stones, rough or squared, 
or flints, as well as bricks : the latter, however, 
were not nearly so much used by the Greeks as by 
the Romans. The different methods of construction 
will be described presently. 

The walls of smaller quarried stones or bricks 
were bound together with various kinds of mortar 
or cement, composed of lime mixed with different 
sands and volcanic earths. The most durable of 
these was the cement formed by mixing two parts 
of Terra I'uteolana ( I'uzzulana, a volcanic product, 
which is found in various parts of Italy, besides 
Putcoli) with one part of mortar: this cement had 
the property of hardening rapidly under water: 
it was much used in aqueducts, cisterns, and such 
works. (For further details on cements, see Vitruv. 
ii. 5, 6, T. 12, vii. 2 ; Plin. //. A', xxxvi. 23. 
k. 63, 55 ; Pallad. i. 10, 14 ; Strab. v. p. 245 ; 
Dioscnr. v. 133). 

The history of Roman masonry is not very dif- 
ferent from that of the Greek. The Cyclopean re- 
mains of Italy have been already noticed. The 
most ancient works at Home, such as the Career 
Afamerlinui, tin' Cloaca Maxima, and the Servian 
Walls, were constructed of massive quadrangular 
hewn stones, placed together without cement. 
[Cloaca. | In most of the remains, the stones arc 
twice ns long as they arc high. Canina (Arch. 
.In/17.) distinguishes five species of Roman masonry; 
namely, (I) when the blocks of stone are laid in 
alternate courses, lengthwise in one course, and 
crosswise in the next ; this is the moil common ; (•_') 
when the stones in each course are laid alternately 
nlung and mrn.n ; this confirm tioii was Ufual when 



MURUS. 771 
the walls were to be faced with slabs of marble ; 
(3) when they are laid entirely lengthwise ; (4) 
entirely crosswise ; and (5) when the courses 
are alternately higher and lower than each other, 
as in the round temple (of Vesta, so called) upon 
the Tiber. This temple also affords us an example 
of what is called nistic-uork, in which the stones 
are bevelled at their joints, the rest of their surfaces 
being generally left rough. This style of work 
originated, in the opinion of some, from the desire 
to save the trouble of smoothing the whole face of 
the stones ; but it is more probable that it was 
adopted in order to give a bolder and firmer ap- 
pearance to the structure. Examples of it are 
found in the remains of several Roman fortifications 
in Germany, and in the substructions of the bridge 
over the Moselle at Coblenz (Rhein. Mus. lb'30', 
vol. iv. p. 310; Witzschel, in the liml-Encydop. 
d. class. Allerth. art. Muri). As by the Greeks, 
so by the Romans, walls of a commoner sort were 
built of smaller quarried stones (caementa) or of 
bricks. Vitruvius (ii. Ii) and Pliny 'H.N. xxxvi. 
22. s. 51) describe the following kinds of masonry, 
according to the mode in which the small stones 
(caementa) were put together. (The woodcut is 
copied from the Abliilduntjen zu Winckclmann's 
Werke, Donaub'schingen, 1835, fig. 10.) 




Besides the large square blocks of stone (0), 
they used smaller quadrangular stones arranged in 
regular courses of equal and of unequal heights; 
the former was called istxlomum (M), the latter 
pseu/lisodomum (L)j in another sort of work, called 
empleclon (G), the outer faces of the walls only 
were of wrought stones, the intermediate parts 
being filled up with rough stones, but these, in the 
Greek method of construction, were well bedded 
in mortar, and arranged with overlapping joints, 
and the wall was bonded together with stones laid 
across at intervals, which wen 1 called Siutovoi (F); 
but the workmen of the time of Vitruvius were in 
the habit, for the sake of despatch, of running up 
the outer walls separately, and then filled the 
middle space with loose rubbish, n sort of work 
which Pliny rails diamidon. The excellence of 
the cement which tin- Romans used enabled them 
to construct walls of very sinnll rough stones, not 
laid in courses, but held together by the mortar; 
this structure was called opmt ineerlnm (N). An 
improvement upon it in appearance, but inferior in 
stability, was the opus rrlirnlalum, of which there 
were two kinds, the like (K) and the unlike (I). 
This sort of work was composed of stones or bricks, 
from six to nine inches long, nod about three inches 
square at the rod, tihich formed the faces of tho 
3 n 3 



772 



MURUS. 



MUSICA. 



wall, the interior being filled in with mortar and 
small rough stones. Vitruvius complains of these 
walls as being apt to split, on account of their 
having neither horizontal courses nor covered joints. 
Another structure of which the Romans made 
great use, and which was one of the most durable 
of all, was that composed of courses of flat tiles (H). 
Such courses were also introduced in the other 
kinds of stone and brick walls, in which they both 
served as bond -courses, and, in the lower part of 
the wall, kept the damp from rising from the 
ground. Brick walls covered with stucco were 
exceedingly common with the Romans : even 
columns were made of brick covered with stucco ; 
we have an example in the columns of the basilica 
at Pompeii, the construction of which is explained 
in Pompeii, vol. i. p. 136. In hot countries, as in 
Africa and Spain, walls were built of earth rammed 
in between two faces or moulds (tabulae, formae), 
which were removed when it hardened ; they 
were called parietes formacei; and Pliny mentions 
watch-towers of this construction, built by Han- 
nibal, on the mountains of Spain, which still stood 
firm. (H.N. xxxv. 14. s. 48.) Walls of turf 
were chiefly used in the ramparts of camps 
(Agger,Vallum) and as embankments for rivers. 

With respect to the use of walls as fortifications, 
we have not space to say much. The Cyclopean 
walls of Tiryns, &c, had no towers ; but Homer 
refers to towers on the walls of Troy ; and in the 
historical period we find that it was the practice to 
furnish walls with towers at regular intervals. 
Some writers on military affairs recommend them 
to be placed at salient angles of the walls, in order 
to command the intervening spaces, whilst others 
object to this position on account of the increased 
exposure of the tower itself to the battering ram. 
The account which Thucydides gives, in his se- 
cond book, of the siege of Plataeae, is an inter- 
esting exhibition of the state of the science of 
fortification and attack at the period of the Pelo- 
ponnesian war. Much was done to advance it by 
the architects and engineers of the time of Alex- 
ander and his successors. The rules which have 
been established by the time of the Roman em- 
perors may be seen exhibited in detail by Vitruvius 
(i. 5), and the writers on military affairs, and il- 
lustrated by the remains of the walls of Pompeii. 
(Pompeii, vol. i. pp. 66, &c.) The system may 
be described in a lew words as a broad terrace of 
earth (agger) enclosed between two battlemented 
walls and furnished with towers, two, three, or 
more stories high, communicating by arched door- 
ways with the agger, and also having a sally-port. 
These towers were at distances, on the average, 
of the cast of a javelin, but varying according to 
the greater or less exposure of each part of the 
wall. Respecting the gates, see Porta. [P. S.] 

MU'SCULUS was, according to the description 
of Vegetius (de Re Miiit. iv. 16), one of the 
smaller military machines, by which soldiers in 
besieging a town were protected while engaged in 
filling up the ditches round the besieged place, so 
that the moveable towers (turres ambulatoriae) of 
the besiegers might be able to approach the walls 
without obstacle. A minute description of a 
musculus is given by Caesar (de Bell. Civ. ii. 10, 
&c). The one which he describes was nine feet 
long, and was constructed in the following man- 
ner: — Two beams of equal length were placed 
upon the ground at the distance of four feet from 



each other, and upon them were fixed little pillars 
five feet high. Their top-ends were joined by 
transverse beams, which formed a gentle slope on 
either side of the roof of which they formed the 
frame-work. The roof was then entirely covered 
with pieces of wood, two feet broad, which were 
fastened with metal plates and nails. Around the 
edge of this roof square pieces of wood, four cubits 
broad, were fixed for the purpose of keeping to- 
gether the bricks and mortar with which the 
musculus was then covered. But that these mate- 
rials, which were intended to protect the musculus 
against fire, might not suffer from water, the bricks 
and mortar were covered with skins ; and that 
these skins again might not suffer from the fire or 
stones which the besieged might throw upon the 
musculus, the whole was covered with rags of cloth. 
The whole of this machine was constructed under 
the cover of a vinea, and close by the Roman 
tower. At a moment when the besieged were least 
expecting any attack, the musculus was moved on 
against the wall of the town. The men engaged 
under it immediately began to undermine the wall 
and thus to make a breach in it ; and while this 
work was going on, the besiegers kept up a lively 
fight with the besieged in order to prevent them 
from directing their attacks against the musculus. 
(Compare Caes. de Bell. Civ. iii. 80, de Bell. Alex. 
1.) The musculus described by Caesar was evi- 
dently designed for different purposes than the one 
mentioned by Vegetius, and the former appears to 
have been only a smaller but a more indestructible 
kind of vinea than that commonly used. (Lipsius, 
Poliorc. i. 9 ; Guichard, Memoires Milit. ii. p. 58. 
tab. 2.) [L. S.] 

MUSEIA (Moucreta), a festival with contests 
celebrated at Thespiae in Boeotia in honour of the 
Muses. (Paus. ix. 31. § 3.) It was held every 
fifth year and with great splendour. (Plut. Amator. 
p. 748. P.) From Aeschines (c. Timarch.) it ap- 
pears that there was also a festival called Museia, 
which was celebrated in schools. [L. S.] 

MUSE'UM (Mouo-eTov) signified in general a 
place dedicated to the Muses, but was specially 
the name given to an institution at Alexandria, 
founded by Ptolemy Philadelphus, about B.C. 280, 
for the promotion of learning and the support of 
learned men. (Athen. v. p. 203.) We learn from 
Strabo (xviii. p. 794) that the museum formed 
part of the palace, and that it contained cloisters 
or porticos (irepiTraTos), a public theatre or lecture- 
room (e£e5pa), and a large hall (olicos /xeyas), 
where the learned men dined together. The mu- 
seum was supported by a common fund, supplied 
apparently from the public treasury ; and the 
whole institution was under the superintendence 
of a priest, who was appointed by the king, and 
after Egypt became a province of the Roman em- 
pire, by the Caesar. (Strabo, I. c.) Botanical 
and zoological gardens appear to have been at- 
tached to the museum. (Philostr. Apollon. vi. 24 ; 
Athen. xiv. p. 654.) The emperor Claudius added 
another museum to this institution. (Suet. Claud. 
42, with Casaubon's note.) 

MU'SICA (fj fiova-iK^i), signified in general 
any art over which the Muses presided, but is some- 
times employed to indicate Music in the modern 
acceptation of the term. 1. Greek. In compiling 
the following article little more has been attempted 
than to give an outline of facts which rest upon posi- 
tive evidence, and at the same time to present them 



MUSICA. 

in such a form as to serve for an introduction to the 
original sources. Hence it necessarily consists in 
a great measure of technical details, which, how- 
ever, can present no difficulty to persons acquainted 
with the first elements of the modern theory ; 
and nothing has been said in the way of deduction, 
except in one or two cases where the interest of 
the subject and the apparent probability of the 
conclusions seemed to permit it. 

The term 'ApfioviKr) was used by the Greek 
writers to denote what it now called the Science of 
Music ; novaiKT) having, as has been already re- 
marked, a much wider signification. ' Apiiovitcfi 
iariv iTriGTrinri deapnriKii koI irpaKTiK^] T7js too 
7ipfio<rfi(vou <pv<reas. 'HpiuxTjxtvov 8e tarty to 4k 
<p66yyuy xal Stao-T-nftdrai', irotav to|ic exomwv, 
cvyKfifievov. (Euclid. Int. Harm. p. 1.) 

The following sevenfold division of the subject, 
which is adopted by the author just quoted, as well 
as by others, will be partly adhered to in the pre- 
sent article : — I. Of Sounds (ftpl <p8&yyaiv). II. 
Of Intervals (ffpl htaavniiaTtnv). III. Of Genera 
(irepl yivwv). IV. Of Systems (7T€pi avarrifw- 
rav). V. Of Modes (*epl toVwi/).* VI. Of 
Transition (irepl fitraGoKris). VII. Of Composi- 
tion (xfpl pLt\oTrottas). 

A sound is said to be musical when it ha3 a de- 
terminate pilch (toitis). When two sounds differ 
in pitch, one is said to be more acute (ofui), the 
other more irrnre < flapus) : or, in common language, 
one is called higher and the other lower. The 
terra infitk-fis applied to a sound either signifies 
simply, that it is capable of being used in a melody ; 
or rclntire/y, that it is capable of being used in the 
same mclmly with some other S' mid or system of 
sounds ; the latter is its m .-: common meaning. 

An Interval is the difference or rather distance 
between two sounds of different pitch. When we 
compare the intervals between two pairs of sounds, 
we judge them in certain cases to be similar, or 
eipud. If the more acute sound of one of them be 
then raised, that interval is said to become greater 
than the other. It is this property of intervals 
(their being comparable in respect of magnitude) 
which enables us to classify them, and enumerate 
their several kinds. 

Intervals arc either consonant (avpupwva.) or dis- 
sonant (Sid<puya), according as the two sounds mav 
or may not be heard at the same time without 
offending the ear. (End. p. II.) Strictly speaking 
it is impossible to define the limit between the two 
classes, and this seems to be acknowledged by the 
later writers, who distinguish various degrees of 
consonance and dissonance. Originally, the onlv 
intervals reckoned consonant were the Octave or 
eighth (8ii itaituv), the Fifth ( Jii nimt or 8V 
o^ficif), the Fourth ( 8ia Ttrjadvuiv or trvWaSfi), 
and any interval produced by adding an octave to 
one of these. Hut all intervals less than the fourth, 
or intermediate between any two of those just 
enumerated (as the sixth, tenth, &c), were con- 
sidered as dissonant. The principal interval*, less 

• T6voi is used in scvornl different senses. First 
it signifies degree of tension, and so pitch, whence 
its application to denote made, the modes being 
scales wbich differed in pitch : and then it is taken 
for mull of tension ; whence its meaning as the 
name of an interval, tone, because a tone is the in- 
terval through which the voice : s most naturally 
raised at one effort. (Sec Aristid. p. "JJJ ; Eud. I'J.) 



MUSICA. 773 

than the fourth, employed in Greek music were 
the double tone (o'novov), nearly equal to the 
modern major third ; the tone and half (rpn]p.n6- 
viov), nearly the same as the minor third ; the 
tone (toVoj), equal to the modern major tone ; the 
half tone (t)ixit6viov) and the quarter tone (SUats). 
(Eucl. p. H.) Other writers speak of 6fio(pwy'ia or 
unison, ivruptuvia or the consonance of the octave, 
and irapaipu>via or the consonance of the fourth and 
fifth. See Arist. FrcM. xix. 39, and Gaudentius, 
p. 1 1. The latter author considers irapaipuvia to be 
intermediate between consonance and dissonance, 
and mentions the tritone or sharp fourth as an ex- 
ample of it. 

If two strings, perfectly similar except in length, 
and stretched by equal tensions, be made to vi- 
brate, the number of vibrations performed in a 
given time by each is inversely proportional to 
its length ; and the interval between the sounds 
produced is found to depend only on the ratio of 
the lengths, i. e. of the numbers of vibrations. Thus 
if the ratio be i the interval is an octave, 
if „ $ „ a fifth, 

if n i n a fourth, 

if „ f „ a major tone. 

The discovery of these ratios is attributed, pro- 
bably with truth, to Pythagoras. But the accounts 
of the experiments by which he established them 
(see Xicomachus, p. 10) are plainly false, since 
they contradict the known fact that when similar 
and equal strings are stretched by different tensions, 
the number of vibrations are as the square roots of 
the tensions. (See Whewcll's Dynamics, part ii. 
p. 3111, cd. 1834.) 

The toVos or tone was defined to be the dif- 
ference between the fourth and fifth ; so that the 
corresponding ratio would be determined either by 
experiment, or by simply dividing J by j. 

It is remarkable that each of the four ratios 
enumerated above is supcrjtarlicuJar* ; i.e. the two 
terms of each differ from one another by unity. 
And all the intervals employed in the modem 
theory are cither such as correspond to superpar- 
ticular ratios, or are produced from such by com- 
pounding them with the octave. Thus the ratio 
corresponding to the 

major third is $ 

minor third „ 5 

minor tone „ 

major semitone „ 
It seems therefore extraordinary, that analogy 
should not have ltd at once to the discovery at 
least of the major and minor third, as soon as the 
connection between intervals and ratios had been 
observed. However no such discovery was thin 
made, or if made it was neglected ; and this affords 
at once an explanation of the fact that intervals 
less than the fourth were reckoned dissonant : for 
the iWovov, or double major tone, is greater than 
the true consonant major third (which consists cf 
a major nnd minor torn-) by an interval oxpressed 
by the ratio ff ; n difference quite sufficient to de. 



* Euclid seems to consider no intervals conso- 
nant except such ns e..rr< vpond to superpartiiul.ir 
<< r .,<■■!■,,,: or multiple (wo\\air\a>Tiwi/) ruins ; 
the latter being such n> j, f, &o. On this 
theory the ortare and fourth (\) would be dis- 
sonant, bllt the inline nntl fifth (j) consotuint. 
(Sec Eud. Heel. (Jaa. p. 24.) 

19 8 



774 



MUSICA. 



stroy the consonance of the interval. In fact, when 
a keyed instrument i3 tuned according to the equal 
temperament, the major thirds are too great by an 
interval little more than half of this (yjf nearly), 
and yet are only just tolerable. This subject is 
important, because it bears immediately upon the 
question whether harmony was used in the Greek 
music. 

An aggregate of two or more intervals, or rather 
a series of sounds separated from one another by 
intervals, constituted a system. Systems were 
named from the number of sounds which they com- 
prehended. Thus an octachord was a system of 
eight sounds, a pentachord of five, and so on : and 
usually, though not necessarily, the number of 
sounds corresponded to the interval between the 
two extreme sounds. 

The fundamental system in ancient music was 
the tetrachord, or system of four sounds, of which 
the extremes were at an interval of a fourth. In 
modern music it is the octachord, and comprehends 
an octave between the extremes. The important 
and peculiar property of the latter system, namely, 
the completeness of its scale, was fully understood, 
as the name of the interval Sid iraauv sufficiently 
indicates (see also Aristides, pp. 16, 17), but it was 
not taken in theory for the foundation of the scale; 
or at any rate was considered as made up of two 
tetrachords. 

The Genus of a system depended upon the dis- 
tribution of the two intermediate sounds of the 
tetrachord. The Greek musicians used three Ge- 
nera : — 

I. The Diatonic, in which the intervals between 
the four sounds were (ascending), semitone, tone, 
tone : — 

— i- 



— i- 



II. The Chromatic ; semitone, semitone, tone, 
and half : — x 
— I 




III. The Enharmonic ; diesis, diesis, double 
tone : — 



=t=F 



(The second note is meant to represent a sound 
half way between E and F, for which the modern 
system supplies no notation.) 

Of these genera the Diatonic was allowed to be 
the most ancient and natural, and the Enharmonic 
the most modern and difficult ; the latter however 
seems soon to have become the favourite with 
theorists at least, for Aristoxenus complains that all 
writers before his time had devoted their treatises 
almost entirely to it, to the neglect of the two 
others. (Aristox. pp.2 and 19.) 

The only difference between the ancient and 
modern Diatonic is, that in the former all the tones 
are major tones, whereas in the latter, according 
to the theory generally admitted, major and minor 



MUSICA. 

tones occur alternately. (See Crotch's Elements 
of Musical Composition, chap, ix.) The interval 
called a semitone in the above descriptions is 
therefore strictty neither equal to the modern major 
semitone, nor to half a major tone, but the ear 
would hardly appreciate the difference in melody. 

Besides these genera, certain Colours (xP^ al ) or 
specific modifications of them are enumerated. 
(Eucl. p. 10.) 

The Enharmonic had only one XP<^ a > namely, 
the genus itself as described above : it is commonly 
called simply apfiovia. 

The Chromatic had three : 1st. xp^i" a toviaiov, 
or simply xpwjua, the same as the genus ; 2nd. 
Xpuf-a- t)ij.i6\iov, in which intervals of three-eighths 
of a tone were substituted for the two semitones ; 
3rd. xP'^l xa Ho.Xo.k6v, in which intervals of one 
third of a tone were similarly employed. 

The Diatonic had two XP ""' '• 1st. Sidrovov 
crvvrovov, or simply Sidrovov, the same as the 
genus ; 2nd. Sidrovov fiaXaK6v, ,in which an in- 
terval of three-fourths of a tone was substituted for 
the second semitone (ascending). 

The following table will exhibit at one view 
the intervals between the sounds of the tetrachord, 
taken in the ascending order, according to each of 
these xP^ al i the tone being represented by unity, 
and two tones and a half being supposed to make 
up a fourth, a supposition which is not exactly 
true, but is commonly adopted by the ancient 
writers as sufficiently accurate for their purpose. 
(See Eucl. Sectio Canonis Theor. xv.) 

I. Diatonic ... 1. Sidrovov (aiivrovov) \, 1, 1. 

2. Sidrovov na.Xa.K6v . A, 

II. Chromatic . . 1. XP^j" a (roviaiov) . i. -J. 

2. xpwfa r)[ii6Xiov . -f , |, J. 

3. XP^A" 1 P-oXok6v . l, -j, y . 

III. Enharmonic . apfj.ov'ia \, \,'2. 

There seems to be little evidence that any of 
the XP^ UI were practically used, except the three 
principal ones, Sidrovov, xp&P- a , ap/xovla. But it 
would be wrong to conclude hastily that the others 
would be impossible in practice, or necessarily un- 
pleasing. In the soft Diatonic for instance, the 
interval which is roughly described as five-fourths 
of a tone would be greater than a major tone, but 
less than a minor third ; now there are two in- 
tervals of this kind corresponding to the superpar- 
ticular ratios f and which ought therefore by 
analogy to be consonant, or at any rate capable of 
being employed as well as the tone and semitone ; 
and although they are not used in modern music, 
or at least not admitted in theory *, nothing but 
experiment can determine how far the ear might 
become accustomed to them. If this view be cor- 
rect, the intervals of the tetrachord in the Sidrovov 
p.aXaK6v would probably correspond to the ratios 
if> Tlh ii an< ^ similar considerations might be ap- 
plied to the other XP& al - 

The four sounds of the tetrachord were distin- 
guished by the following names : itrdrri (sc. x°P°^) 
was the lowest ; vifrt) or vidrt] the highest ; rrapv- 

* See Smith's Harmonics, sect. iv. art. 10. These 
intervals exist in the natural scales of the horn, 
trumpet, &c, and are in fact used, instead of the 
minor third and tone, in the harmony of the domi- 
nant seventh, both by stringed instruments and 
voices when unaccompanied by tempered instru- 
ments. , 



MUSICA. 

irarij the lowest but one, and irapanrrij the highest 
but one. napaWjTrj was also frequently called 
\tXav6s, probably because in some ancient instru- 
ment the corresponding string was struck by the 
forefinger ; and vapvnd.T7] was afterwards called 
rprrij in certain cases. Thece names were used in 
all the genera ; but the name of the genus was 
commonly added tx>\ixavos (thus \tx<fhs Siarovos, 
Xp&v aT "") or ivaffihvios), perhaps because the 
position of this sound with respect to uttottj and 
Wjrrj i3 what chiefly determines the cltaracler of 
the genus. When the two lowest intervals of the 
tctrachord taken together were less than the re- 
maining one, those two were said to form a con- 
densed interval (ttvkv6v). Thus the interval be- 
tween UTTOT7) and \ixav6i is irvni/os in the En- 
harmonic and Chromatic genera. The three sounds 
of the irvKvbv were sometimes called /Sapira-uKeos, 
fie<roTrvKv6s and o£uitvkv6s, and sounds which did 
not belong to a irvKvSv were called anvKvoi. 

It is not to be supposed that the tctrachord 
could long continue to furnish the entire scale used 
in practice, though it was always considered as the 
element of the more comprehensive systems which 
gradually came into use. The theory of the genera, 
as has been seen, required only the tctrachord for 
its full development, though it certainly could not 
have been invented till after the enlargement of 
the scale. 

Terpander is said to have invented the seven- 
stringed lyre (Eucl. p. 19), which seems not to 
have been obsolete in Pindar's time (Py'/i. ii. 70); 
its scale consisted of an octave with one sound 
omitted. (Arist. Prob. xi.x. 7, 25, 32.) The ad- 
dition of this omitted sound (attributed to Lycaon 



« P 



MUSICA. 775 
or Pythagoras), would give an octachordal lyre 
with a complete octave for its scale. And an in- 
strument called magadis, which must have had a 
still greater compass, was very early known, and 
is said to have had twenty strings as used by 
Anacreon. (See Bockh, de Metr. Pind. lib. iii. 
cap. 7, 1 1.) 

When two tetrachords were joined so that the 
highest sound of one served also for the lowest of 
the other, they were said to be conjunct ovirnfi- 
fj.4va). But if the highest sound of one were a 
tone lower than the lowest of the other, they were 
called disjunct ($ie£cvy/j.eva), thus 

BCDE FGA , conjunct. 

EFGA B^CiTe disjunct. 

In the latter case the tone (between A and B) 
which separates them was called r6vos Siafewn- 
k6s. (Eucl. p. 17.) 

A hendecachordal system, consisting of three 
tetrachords, of which the middle one was conjunct 
with the lower but disjunct from the upper, thus 

BcTb EFGA Bc"t7e, 
i9 supposed to have been used about the time of 
Pericles. ( Biickh.) In such a system the lowest 
tctrachord was called (TerpdxopSov) virardv, the 
middle fiiawv, and the highest Stf^tvyfitvuy. 
Afterwards a single sound (called vpna\apiSav6- 
nevos) was added at an interval of a tone below 
the lowest of inrarwv, and a conjunct tctrachord 
(called butpSoKalav) was added above. And thus 
arose a system of two complete octaves, 



i 



Sat 



which was called the greater perfect si/stem. An- 
other system, called the smaller j>er/ect system, was 
composed of three conjunct tetrachords, called 



iruarwy, fiiawv, and avirnuiiivwv , with irpo<r\an- 
(lavuntvos, thus, 



and these two together constituted the immutable 
system (avarrjfia antrdGokov) described by all the 
writers later than Aristoxcnus,and probably known 
to him. (Eucl. p. I 7.) 

The sounds in these systems were named in the 
way before described, the names of the tctrachord 
only being added, and n*mn and itapanio-n being 
substituted for vrfrt\ niauy and inrarrn Siffrvy- 
fitvwv respectively. Thus, taking the sounds in 
the ascending order, 

A irpoo\an€av6fitvot 
vwirtj inrarwy 



iraputrar7j yiraTwc 
Aixewit inrarwy 
uiroTT) uiauiv 
TrapvTrdrrj uinoiv 
Aixavjj ftiawy 



| TtTpdxopbou 
J inraTwv. 



j-T. nia 



■ t. ottfcvyfitywy. 



r. uTfpfoAaiW. 



So far the sounds are common to the greater and 
smaller systems. Then follow, in the greater, 

B irapauin-n 

C TpiTTj bitfciryuivwy 

I) Tapavi\Ti) 9u\nrffihncv 

K rfrrri bitfavyuivwy 

F rplrri irntpSo\aiwy 

G uapavTrri) hrtpSoXsdtw 

A vh/ri\ i/irtpSohaluv 

The interval between M'<ri? and irapa/iitrt) is a 
tone. But in tin- smaller system /i<">; serves also 
for the lowest sound of the tetrnchord auyrififiiyuy, 
which terminates the scale, thus 

A atari 
All rplrt) avvr\auivwv. 
C napavrrrt] avvr)upL.ivu>v, 
D WfTJj a\ivr)uaivwv. 

3 Ii i 



776 



MUSICA. 



In adapting the modern notation to these scales, 
we have represented them in the Diatonic genus ; 
hut the same arrangement of the tetrachords was 
adopted in the others. Those sounds of the im- 
mutable system which were the same in all the 
genera, namely, ■wpocr\afi§av6iJ.fvos, vtto.ti} vnarSiv, 
iiiraTn yueVcuj', fJ-fffrj, irapa/xear), vt)tt] avvqiifxivaiv, 
vr)T7] Sie^evyfievav, and v4yrt] vtrtpSoXaiuiv, were 
called fixed (€(7raTes), being in fact, except the 
first, the extreme sounds of the several tetrachords. 
The rest, being the intermediate sounds, on the 
position of which the genus depended, were called 
movable (jcivovfievoi). 

Mear) was certainly considered a sort of key note 
to the whole system (see Arist. Probl. xix. 20), 
and TrpoaKaixSavojxivos was added to complete the 
octave below p.eo~q. (Aristides, p. 10.) This ad- 
dition is supposed to have been made later than 
the time of Plato, but earlier than Aristoxenus. 
(Bfickh.) 

The greater of the two systems thus described 
appears to have superseded the other in practice ; 



MUSICA. 

in fact it is evidently the most natural of the two. 
But it must not be supposed that it was necessarily 
used in its complete form as the scale of any in- 
strument ; it was rather a theoretical canon by 
which the scales really employed were constructed. 
With regard to its fitness for use, it may be ob- 
served that in the Diatonic genus the effect of such 
a system would not perceptibly differ, so long as 
melody only was required, from that of the corre- 
sponding notes (given above) as played on. a mo- 
dern instrument with or without temperament. 
The Chromatic scale is quite unlike * anything 
now employed ; and though it was not considered 
the most difficult, was certainly the least natural. 
(TexviKiurarov Se to xpw/xa, Aristides, p. 19.) 
But it is impossible to form a decided judgment of 
its merits, without a much greater knowledge of 
the rules of composition than seems now attainable. 
The effect of the Enharmonic must have been 
nearly the same as that of the Diatonic, supposing 
Xixavbs to be left out in each tetrachord, thus : 



Indeed Plutarch relates, on the authority of Aris- 
toxenus, that Olympus was led to the invention of 
this genus by observing that a peculiar and beau- 
tiful character was given to melody when certain 
notes of the scale, and particularly Aixavbs, were 
left out. (See Plutarch's Dialogue on Music; Mem. 
de VAcad. des Inscriptions, vol. x. 126.) It is 
therefore most probable that this was the original 
form of the Enharmonic scale, and that it was more 
ancient than the highly artificial Chromatic. In 
this form it would be both natural and easy. But 
afterwards, when additional sounds were inter- 
posed between B and C, E and F, it would of 
course become, as it is always described, the most 
difficult of all the Genera, without however ceasing 
to be natural : for these additional sounds could 
certainly be neither used by a composer nor exe- 
cuted by a singer as essential to the melody, but 
must rather have been introduced as passing or 
ornamental notes, so that the general effect of the 
genus would remain much the same as before. 
The assertion of Aristoxenus (see pp. 28, 53) that 
no voice could execute more than two quarter tones 
in succession, evidently supports this view.* Thus 
the Enharmonic would derive its distinctive cha- 
racter more from the largeness of the highest in- 
terval of the tetrachord than from the smallness of 
the two others. Aristoxenus (p. 23) expressly 
mentions the important influence which the magni- 
tude of the interval between AfX^s and fi)Ti) 
had upon the character of the genus, and blames 
the musicians of his own time for their propensity 
to diminish this interval for the sake of sweetness 
(tovtov 5' alriov to /SouAeoOai yKvuaivtiv ael). 
That a peculiar character really is given to a 
melody by the occurrence of a larger interval than 
usual between certain sounds of the scale, is a well 
known fact, exemplified in many national airs, and 



* Compare what is said (Aristid. p. 28) of the 
rare use of intervals of three and five quarter tones. 



easily proved by the popular experiment of playing 
on the black keys only of a pianoforte.")* 

The Genus of a system was determined, as has 
been explained, by the magnitude of certain of its 
intervals. The species (tiSos) depended upon the 
order of their succession. Hence, supposing no 
system to be used which was not similar to some 
part of the <rvc"TT)ixa afitraSoKov, every system 
would have as many species as it had intervals, 
and no more. (Eucl. p. 14.) 

The tetrachord, for example, had three species 
in each genus thus (Diatonic), 

1st. i 1, 1. 2nd. 1,1, 1. 3rd. 1, 1, £. 
(where 1 stands for a tone). 

The species of a system was often described by 
indicating two sounds of the avaT-r\jxa a/xfTagoAou 
between which a similar one might be found. Of 
the seven species of the Octachord, the first was 
exemplified by the octave comprehended between 
viraTi) vTvaTUf and -napafxeai] : the second by that 
between ira.pvTr6.T7) {nraTwv and rp'nt\ 8ie(evyp.4- 
vo>v : and so on. The order of the intervals in 
these seven species would be as follows in the 
Diatonic genus (ascending) : 

1st. l, 1, 1, l 1, J, 1 
2nd. 1, 1, x, 1, 1, 1, i 
3rd. 1, h 1, 1, 1, h 1 



* The modern minor scale, A, B, C, D E, H F, 
tt G, A, can hardly be considered an exception to 
this assertion, for its essential character, as now 
used, depends so little upon the Chromatic interval 
between F and Jt G, that this peculiarity is usually 
got rid of in melody by raising the F or lowering 
the Jt G, according to circumstances. Hence the 
popular but incorrect way of representing the 
ascending and descending minor scales. (See 
Dehn, T/ieoretisch-praktische Harmonielehre, pp.67, 
68.) 

t See Bumey, vol. i. p. 27, on the Old Enliar 
monic. 



MUSIC A. 



MUSICA. 



777 



4th. i, 1, ), 1, i I, I 
5th. 1, 1, 1, i, 1, 1, i 
6th. 1, 1, i, 1, 1, ±, I 
7th. ), i, 1, 1, *, 1, 1 
Thi3 distinction of species is important, because 
it formed originally the chief difference between the 
modes (toVoi). Unfortunately there are no means 
of determining what was the real difference be- 
tween melodies written in these several scales ; and 
the difficulty of forming any probable hypothesis 
on this subject is increased by what is said of y-ia-n 
in the passage quoted above from the Aristotelic 
Problemata. Udura yap to xpiJffTa /xe'Ar) iroKXa- 
kis T-jj uea-n xpf/Tai, Kal trdvres oi 070801 7roi7)Ta! 
irvKva irpbs tt}v [Ltarnv diravTuat, kav ottcA- 
flwTi, rayy (iravipx 0VTal t Tpbs ^6 &Wr\v ovrtas 
ovStu'iav. For since the position of fiio-n was de- 
termined (Euclid, p. 18) by the intervals adjacent 
to it, any series of sounds beginning or ending with 
piai) would give a system always of the same 
species. Possibly the author of the Problemata 
docs not use the term n4ay in the same sense as 
Euclid. 

However it is certain that the seven species of 
the Octachord above described were anciently 
(inrb toiv apxaiuv, Euclid, p. 15) denoted by the 
names Mixolydian, Lydian, Phrygian, Dorian, 
Ilypolydian, Ilypophrygian, and Hypodorian ; and 
it seems likely that they always differed in pitch 
as well as species, the Mixolydian being the highest, 
and the Hypodorian the lowest. Hence it is con- 
jectured that there were originally only three 
modes, corresponding to the three species of tetra- 
chord, and that these were the Dorian, Phrygian, 
and Lydian ; because the Octachord in each of 
these three modes is made up of two similar dis- 
junct tetrachords, which are of the first species in 
the Dorian, the second in the Phrygian, and the 
third in the Lydian. 

Aristides describes also six enharmonic modes 
of very ancient origin (o's oi vdvv ttoAoioVotoi 
■jrpls toj apfiovias Kfxpi]VTai, p. 21) consisting of 
different species of octachords, and quotes the well 
known passage in Plato (Hep. iii. c. 10) as refer- 
ring to them. The order of the intervals is given 
as follows (sec the notes of Meibomius upon the 



passage) : — 














Lydian . 


i' 


9 


1, 


i, i, 




1 

■:■ 


Dorian 


1, 


ii 


i, 


2, 1, 




i, 


Phrygian 


I, 


i, 


h 


2, 1, 


h 


*, 


lastian • . 


] 


i, 


O 
**» 


1*, 1. 






Mixolydian . 




i, 


1, 


1, i. 




3. 


Synlonolydian J, 


i* 



"1 


H, 2. 







It will be observed that these scales do not all 
comprehend exactly an octave ; and none of them 
except the Lydian is coincident with any part of 
the a(iati\fxa o/ifToSoAoc* None of them in de- 
cidedly unnatural, except perhaps the Mixolydian. 
Of course it is impossible to recognise their charac- 
ters as described by Plato, in the absence of exam- 
pli-s of their application in actual melody. Their 
principal interest therefore consist* in the evidence 
which they afford of the antiquity of enharmonic 
systems, i.e. of systems formed by omitting certain 
sounds of the diatonic scale. For unless we take 



* That systems were not nhrayt restricted to 
the immulalJe form is proved by what Euclid says 
of cnnjiound systems, with more than one aiai\. 



this view of them, and consider the quarter tones 
as unessential additions, it seems quite impossible 
to understand how they could be used at all. 

The difference of species, considered as the 
characteristic distinction of modes, is evidently 
spoken of as a thing antiquated and obsolete, not 
only by Aristides (who was certainly later than 
Cicero, see p. 70), but also by Euclid. As to 
Aristoxenus, the fragments which remain of his 
writings contain no allusion to such a distinction 
at all. In his time it appears that the number 
of modes was thirteen ; and later writers reckon 
fifteen. (Euclid, p. 19 ; Aristid. pp. 23, 24.) The 
descriptions of these fifteen modern modes are very 
scanty, but they indicate pretty plainly that they 
were nothing more than transpositions of the 
greater perfect system ; their names were Hypo- 
dorian, Hypoiastian, Ilypophrygian, Hypoaeolian, 
Hypolydian, Dorian, Iastian, Phrygian, Aeolian, 
Lydian, Mixolydian, Hypcriastian, Hyperphrygian, 
Hypcraeolian, Hyperlydian. The Hypodorian was 
the lowest in pitch, and the -npoahapgavbatvoi of 
the others were successively higher by a semitone ; 
and only that part of each scale was used which 
was within the compass of the voice. It seems 
likely that the ancient modes mentioned by Euclid, 
and described above, consisting of octachords taken, 
as regards their species, from different parts of the 
avar-noa d^fToSoAoc, would, as regards pitch, be 
each so placed as to lie between {mdr-n piirwv and 
vrrr-n Stf^evyfievwv of the modern mode of the 
same name. For they certainly did always differ 
in pitch, as the name toVos shows ; and there is no 
reason to believe that thi ir relative position was 
ever changed : the system of notation, moreover, 
confirms this supposition. But for details on this 
subject we must refer to the dissertation of Bbckh 
(iii. 8), where it is treated at length. The only 
important results, however, are, first, that the 
modes did anciently differ in species; secondly, 
that in process of time this difference cither disap- 
peared entirely, or ceased to be their distinguishing 
mark ; and, thirdly, that their general pitch was 
always different The ideas conveyed by these 
general assertions of the real character and effect 
of the Greek music are excessively vague and un- 
satisfactory ; but an examination into particulars 
does not tend to make them at all more definite 
or clear. 

There can be little doubt that different rhythms 
and degrees of slowness or quickness, as well as 
different metres and styles of poetry, would soon 
be appropriated to the modes, so as to accord with 
their original musical character ; and these dif- 
ferences would in time naturally supersede the old 
distinction of species, and come to be looked on as 
their characteristic marks ; so that at length all 

the species might even be used ill null mode, for 
the sake of additional variety. With regard to 
the poetry, indeed, it i» certain that particular 
measures were considered appropriate t» different 
modes (Plat. Isg. ii. p. (J70), and it has even 
been attempted to divide Pindar's Odes into 
Dorian, Aeolian, and Lydian. (liikkh, iii. 1.5.) 
The rhythm of the music must have depended 
chiefly, if not entirely, upon that of the words, or 
else have been of a very simple and uniform 
character, since there is no mention of a notation 
for it as distinct from the metre of the poetry. 
Probably, therefore, nothing like the modem 
system of musical rhythm existed ; mid if so, this 



778 



MUSICA. 



MUSICA. 



must have formed one of the most essential points 
of difference between the ancient and modern 
music. How the rhythm of mere instrumental 
music was regulated, or what variety it admitted, 
does not appear. There is no reason, however, to 
believe that music without words was practised to 
any extent, though it was certainly known ; for 
Plato speaks with disapprobation of those who 
used fie\os Kal pvd/xbv avev p-r\fia.Tuv, i|>i'A?) 
KiOapiaei T€ /cat avXrjcrei irpocrxp&^voi (.Leg. ii. 
p. 669), and others mention it. (Bb'ckh, iii. 11.) 

On the two last of the heads enumerated in 
dividing the whole subject, very little real inform- 
ation can be obtained. In fact they could not be 
intelligibly discussed without examples, a method 
of illustration which unfortunately is never em- 
ployed by the ancient writers. Muragohr) was the 
transition from one genus to another, from one 
system to another (as from disjunct to conjunct or 
vice versa ), from one mode to another, or from one 
style of melody to another (Euclid. 20), and the 
change was made in the same way as in modern 
modulation (to which yuenxSoATj partly corresponds), 
viz. by passing through an intermediate stage, or 
using an element common to the two extremes be- 
tween which the transition was to take place. (See 
Euclid. 21.) 

MeAo7rou'a, or composition, was the application 
or use of all that has been described under the pre- 
ceding heads. This subject, which ought to have 
been the most interesting of all, is treated of in 
such a very unsatisfactory way that one is almost 
forced to suspect that only an exoteric doctrine is 
contained in the works which have come down to 
us. On composition properly so called, there is 
nothing but an enumeration of different kinds of 
sequence of notes, viz. : — 1. ayay-r], iu which the 
sounds followed one another in a regular ascending 
or descending order ; 2. hKokt], in which intervals 
were taken alternately ascending and descending ; 
3. 7T6TTeia, or the repetition of the same sound 
several times successively ; 4. tovt), in which the 
same sound was sustained continuously for a con- 
siderable time. (Eucl. 22.) Besides this divis'on, 
there are several classifications of melodies, made on 
different principles. Thus they are divided accord- 
ing to genus, into Diatonic, &c. ; according to mode, 
into Dorian, Phrygian, &c. ; according to system, 
into grave, acute, and intermediate (wraToetS-fis, 
vr]ToeiSr}s, fj.ecroeih'ris). This last division seems 
merely to refer to the general pitch of the melody; 
yet each of the three classes is said to have a dis- 
tinct turn {rp6iros), the grave being tragic, the 
acute nomic (yo/xi/cds), and the intermediate di- 
thyrambic. Again melody is distinguished by its 
tharacter (Ji&os), of which three principal kinds are 
mentioned, StaaTaATiKoV, avinaXriKov, and yav- 
Xao-ri/cdV,and these terms are respectively explained 
to mean aptitude for expressing a magnaminous 
and heroic, or low and effeminate, or calm and re- 
fined character of mind. Other subordinate classes 
are named, as the erotic, epithalamian, comic, and 
encomiastic. (Euclid. 21 ; Aristid. 29.) No account 
is given of the formal peculiarities of the melodies 
distinguished by these different characters, so that 
what is said of them merely excites our curiosity 
without tending in the least to satisfy it. 

The most ancient s} T stem of notation appears to 
have consisted merely in the appropriation of the 
letters of the alphabet to denote the different 
sounds of the scale ; and the only alteration made 



in it was the introduction of nevv signs formed by 
accenting letters, or inverting, distorting, and mu- 
tilating them in various ways, as the compass of 
the scale was enlarged. A great, and seemingly 
unnecessary, complexity was caused by the use 
of two different signs for each sound ; one for the 
voice, and the other for the instrument. These 
two signs were written one above the other imme- 
diately over the syllable to which they belonged. 
They are given by several of the Greek writers, 
but most fully by Alypius. The instrumental 
signs appear to have been chosen arbitrarily ; at 
least no law is now discoverable in them : but the 
vocal (which were probably more ancient) follow 
an evident order. The sounds of the middle part 
of the scale are denoted by the letters of the Ionian 
alphabet (attributed to Simonides) taken in then- 
natural order ;" and it is remarkable that these 
signs would be just sufficient for the sounds com- 
prised in the six modes supposed to be the most 
ancient, if the compass of each were an octave and 
they were pitched at intervals of a semitone above 
one another. Accented or otherwise altered letters 
are given to the higher and lower sounds. To 
learn the system perfectly must have required 
considerable labour, though its difficulty has been 
much exaggerated by some modern writers. (See 
Bb'ckh, iii. 9.) A few specimens of Greek melody 
expressed in the ancient notation have come down 
to us. An account of them may be found in Bur- 
ney (vol. i. p. 83), where they are given in modern 
notes with a conjectural rhythm. The best of 
them may also be seen in Bb'ckh (iii. 12) with a 
different rhythm. It is composed to the words of 
the first Pythian, and is supposed by Bbckh to be 
certainly genuine, and to belong to a time earlier 
than the fifteen modes. Its merits have been very 
variously estimated ; probably the best that can be 
said of it is that no certain notion can now be ob- 
tained of its real effect as anciently performed. 

It has long been a matter of dispute whether 
the ancients practised harmony, or music in parts. 
We believe there are no sufficient grounds for sup- 
posing that they did. The following are the facts 
usually appealed to on each side of the question. 
In the first place, the writers who professedly 
treat of music make no mention whatever of such 
a practice ; this omission constitutes such a very 
strong prima facie evidence against it, that it must 
have settled the question at once but for supposed 
positive evidence from other sources on the other 
side. It is true that )xe\oivoua, which might have 
been expected to hold a prominent place in a theo- 
retical work, is dismissed very summarily ; but 
still when the subjects which ought to be explained 
are enumerated, /xeAoiroi'ta is mentioned with as 
much respect as any other, whilst harmony is en- 
tirely omitted. In fact there seems to be no Greek 
word to express it ; for ctpfiovia signifies a well 
ordered succession of sounds (see Burney,i. 131), and 
trvfj.(payia only implies the concord between a single 
pair of sounds, without reference to succession. 
That the Greek musicians were acquainted with 
avfupuvia is proved by many passages, though we 
are not aware that they ever mention the concord 
of more than two sounds. But the subject of con- 
cord, so long as succession is not introduced, be- 
longs rather to acoustics than to music. There is, 
however, a passage (Arist. Probl. xix. 18), where 
succession of concords is mentioned : — Aia ri 7) 
Sia. naauv av/Mpavia t«5eToi jj.6vri • jxayaZi^ovai 



JIUSICA. 

yap touttjc, HlWtjv Si ovSiaiav. VlayaSi^eiv 
signified the singing or playing in two parts at an 
interval of an octave ; and the word is derived 
from uayaois, the name of a stringed instrument 
which had sufficient compass to allow a succession 
of octaves to be played on it. (This practice of 
magadizing could not fail, of course, to arise as 
soon as men and women attempted to sing the 
same melody at once.) The obvious meaning of 
the passage then is, that since no interval except 
the octave could be magadized (the effect of any 
other is well known to be intolerable), tliere/ure no 
other interval was employed at all ; implying that 
no other kind of counterpoint than magadizing was 
thought of. But the words are certainly capable 
of a somewhat milder interpretation. 

In the next place, the constitution of the scale 
was, as has been seen, very unfit for harmony, the 
beauty of which depends so essentially upon the 
use of thirds. The true major third wa3 either not 
discovered or not admitted to be consonant till a 
very late period, Ptolemy being the earliest extant 
author who speaks of the minor tone (Bumey,vol. i. 
p. 448) ; a fact which is so extraordinary and so 
contrary to all that could have been anticipated, 
as to destroy all confidence in any a priori reason- 
ings on the subject, and to exclude all but actual 
evidence on either side. The positive evidence in 
favour of the existence of counterpoint consists 
chiefly in certain indications of two modes having 
been sometimes used at once. Thus the expression 
in Horace (Epod. ix. 5), 

* Sonante mistum tibiis carmen lyra 
I lac Dorium, illis barbarum," 

is interpreted to mean that the lyre was played in 
the Dorian mode, and the tibiae in the Lydian ; 
so that if the ancient Dorian and Lydian octave 
were employed, the former being of the fourth 
species, while the latter was of the second, and 
pitched two tones higher, the scries of intervals 
heard would consist of fourths and major thirds, or 
rather double tones. 

Again, there are passages such as — 

Aw.V»i tSaivt Atupiav KtKtvQov vfivuf 
(f|uotcd from Pindar by the Scholiast on I'yth. ii. 
127), which are supposed to indicate that poetry 
written in one mode and sung accordingly, was ac- 
companied by instruments in anothe r. For a view 
of tin' most that can be made of such arguments, 
see Kiickh, iii. 10. Our knowledge of the real 
use of the modes is so very imperfect, that not 
much reliunc can tie placed on them ; and at any 
rate they would only prove the existence of a kind 
of MMsmCrtM, modified by taking scales of differ- 
ent (instead <>f the same) species for the two parts, 
so as to avoid the succession of intervals absolutely 
the same. This would certainly be the very lowest 
kind of counterpoint ; but if any thing more had 
been practised, it would be absolutely impossible 
to account for the utter silence of the theoretical 
writer*, which is all but fatal even to such a 
limited hypothesis. It is only necessary to add that 
the influence of imtrumrnU upon the development 
of the art ought to be kept in view in considering 
this question. The Greeks hnd only two kinds of 
instrumental music, oCAtjitij and KiOipiirts. The 
oCaus was always a pipe pierced with holes, so ns 
to have an artificial scale. The simple tube or 
trumpet does not ap|iear to have bn-n used as n 
musical instrument, so that the scale of natural 



MUSICA. 779 

harmonics was probably unknown ; and this may 
partly account for the major third escaping observ- 
ation. And anything like the modern system of 
harmony could probably no more have been in- 
vented without the assistance of keyed instruments 
than the Elements of Euclid could have been com- 
posed in the total absence of drawing materials. 
For a fuller account of ancient musical instruments 
see Bbckh, iii. 1 1. 

The chief authorities on the subject of this 
article are the "Antiquae Musicae Auctorcs 
Septem," viz. : Aristoxenus, Euclid, Nicomachus, 
Alypius, Gaudentius, Bacchius, Aristides, Quinti- 
lianus,and Martianus Capella, edited by Meibomius, 
in one volume (Amsterdam, 1 G52), to the pages of 
which the preceding quotations refer ; the Har- 
monics of Ptolemy ( with an Appendix by Wallis, 
Op. Mathemat. vol. iii.) ; the Dialogue of Plutarch ; 
and a section of the AristotelicProblemata; Barney, 
History of Music ; Bbckh, de Metris I'induri ; 
Drieberg, Musikalische Wissenschaften der Grieclien; 
and Auj'schl'usse ubcr die Musik der Grieclien; Bode, 
GescJi. der Lyrisch. Dichtkunst der Hellenen ; Fort- 
latte, Das Musikalische System der Grieclien, Leipzig, 
1847. [W.F.D.] 

2. Roman. It may well be believed that in 
music as in the other arts, the genius of Greece 
had left little for Romans to do, but admire and 
imitate. Yet we must not forget that another 
element had been introduced into the arts of Rome, 
as well as into her language and government ; one 
which was derived from Etruria, and partook of 
an Oriental character. Every species of musical 
instmmcnt found on Greek works of art is found 
also on Etruscan. No doubt the early Roman 
music was rude and coarse, still from the meut 
ancient times mention is made of hymns and flutes 
in their triumphal processions : so Servius Tullius 
in his comitia made two whole centuries of cor- 
nicines and tibicines ; and the Twelve Tables al- 
lowed at funerals ten players on the flute, and en- 
joined that " the praises of great men should be 
sung in mournful songs (ncniuc) accompanied by 
the flute." 

The year b. c. 305 marks an era in Roman 
music by its adaptation to theatrical amusements. 
It is in this year we find mention of a lectisternium, 
at which actors were first brought from Etruria, 
who, without verses, danced in dumb show to the 
sound of the flute. Some time later Livy (ix. 3D) 
mentions a curious tale of the desertion of certain 
Roman flute-players, who were only brought back 
by an amusing stratagem. We learn from Valerius 
Maximus (ii. 5) that the Roman flute-players were 
incorporated into a college, and Ovid (fust, vi.0'57), 
speaking of their ancient importance, says — 

44 Tcmporibus vctcrum tibicinis usus nvorum 
Magnus, et in magno semper hnnorc fuit : 
Cantabat fanis, cantabat tibia ludis, 
Cantahat moestis tibia fuueribus." 

Nero, as Suetonius (Aero, 21) tells us, played 
on the flute, and came in a sort of triumphal pro- 
«-•--»- i ■ j n through Italy, bearing tin- sjxiils he had 
won in 1H00 musical contents. The same writer 
informs us that the ein|ieror, to preserve his voice, 
used to lie on his back with a thin plate of lend 
on his stomach ; that he took frequent emetics and 
cathartics, and at hut transacted all business in 
writing. 

I There does not np| car to be any trace of a 



780 



MUSTAX. 



MYSIA. 



Roman musical system entirely distinct from the 
Greek. A passage in Cicero would lead us to sup- 
pose that the laws of contrast, of light and shade, 
of loud and soft, of swelling and diminishing, were 
understood "by the Romans (de Orat. iii. 44), and 
another passage from Apuleius decidedly proves that 
the Romans had instrumental music distinct from 
their vocal ; on both of which points there is not 
the same clear evidence to decide the question 
with reference to the Greeks. Still the Roman 
musical writers, as St. Augustin, Macrobius, Mar- 
tianus Capella, Cassiodorus, and Boethius (all of 
whom flourished between the fourth and sixth 
centuries of the Christian era), did nothing to im- 
prove the science of music, and were little more 
than copyists of their Greek predecessors. The 
great improvement which the Romans introduced 
(rather a practical than a theoretical one) was a 
simplification of the musical nomenclature, effected 
by rejecting the arbitrary signs in use among the 
Greeks, and substituting for them the first fifteen 
letters of the Roman alphabet. (Hawkins, vol. i. 
p. 279.) This simplification they were enabled to 
make by a reduction of the modes : indeed it seems 
very probable that this complicated system had in 
practice entirely fallen into disuse, as we know 
that the diatonic genus had usurped the place of 
the two other genera. 

Of all Latin authors Boethius gives the most 
profound account of the subject. His work is a 
carrying out of the old Pythagorean system, and is 
a mere abstract speculation on the nature of music, 
which, viewed as one of the quadrivium or four 
mathematical sciences, has its foundation in num- 
ber and proportion. A full analysis of the work 
may be seen in Hawkins (i. p. 338). It contains, 
1st, an investigation into the ratios of consonances ; 
2nd, a treatise on several kinds of proportion ; 3rd, 
a declaration of the opinions of different sects with 
respect to the division of the monochord and the 
general laws of harmony. 

Before this time St. Ambrose had introduced the 
practice of antiphonal singing in the church at 
Milan. Of the nature of the Ambrosian chant we 
only know that it consisted in certain progres- 
sions, corresponding with different species of the 
diapason. It is described as a kind of recitation, 
more like reading than singing. 

It was by St. Gregory the Great that the octave 
was substituted for the tetrachord as the funda- 
mental division of the scale. The first octave he 
denoted by capital letters A, B, C, &c, the second 
by small letters a, b, c, &c, and when it became 
necessary to extend the system, marked the third 
by small letters doubled, a a, bb, &c. There is no 
proof that the Romans, any more than the Greeks, 
had any notation with reference to time. Where 
vocal music was united with instrumental, the time 
was marked by the metre of the song : the want 
of a notation of time would make us doubt whether 
any but a very simple style of merely instrumental 
music prevailed among them. (Hawkins's History 
of Music, vol. i. ; Burney's History of Music, vol. i.) 

For a general account of ancient music the 
reader is referred to the previous article. [B. J.] 

MUSI'VUM OPUS. [Domus, p. 431 ; Pic- 
tura, No. XV.] 

MUSTAX {fjLvaral), moustaches. The different 
parts of the beard [Barba] had different names, 
which also varied with its age and appearance. 
The young beard, first appearing on the upper 



lip, was called virfjvr) or vir^vT} irpdrri (Diod. v. 28; 
Philostr. Sen. Imag. i. 30, ii. 7, 9), and the youth 
just arrived at puberty, who was graced with it, 
was Tvparov 6ir7jW)T7js. (Horn. II. xxiv. 348, Od. 
x. 279 ; Schol. in he. ; Brunck, Anal. iii. 44 ; 
Aelian, V. H. x. 18.) By its growth and develop- 
ment it produced the moustaches, which the Greeks 
generally cherished as a manly ornament. (Theocrit. 
xiv. 4 ; Antiphanes, ap. Athen. iv. 21 ; Pollux, 

ii. 80, x. 120.) To this practice, however, there 
seems to have been one exception. The Spartan 
Ephori, when they were inducted, made a pro- 
clamation requiring the people " to shave their 
moustaches and obey the laws." For what reason 
they gave the former command does not appear. 
(Plut. de Sera Num. Vind. p. 976, ed. Steph. ; 
Proclus in Hes. Op. et Dies, 722 ; Muller, Dor. 

iii. 7. § 7, iv. 2. § 5 ; Becker, Charikles, vol. ii. 
p. 391.) [J. Y.] 

MUSTUM. [Vinum.] 

MUTATIO'NES. [Mansio.] 

MU'TUUM. The Mutui datio is mentioned 
by Gaius as an instance of an obligatio " quae re 
contrahitur." It exists when things " quae pon- 
dere,numero, mensurave constant,"as coinedrnoney, 
wine, oil, com, aes, silver, gold, are given by 
one man to another so as to become his, but on 
the condition that an equal quantity of the same 
kind shall be returned. The difference in the 
thing which is lent constitutes one of the differences 
between this contract and commodatum. In the 
mutui datio, inasmuch as the thing became the 
property of the receiver, the Roman jurists were 
led to the absurdity of saying that mutuum was 
so called for this reason (quod exmeo tuumfit). This 
contract gave the lender the action called condictio, 
provided he was the owner of the things, and had 
the power of alienation ; otherwise he had no 
action till the things were consumed. If the 
borrower lost the things by any accident as fire, 
shipwreck, &c, he was still bound : the reason of 
which clearly was, that by the Mutui datio the 
things became his own. It was a stricti juris actio, 
and the lender could have no interest for a loan 
of money, unless interest had been agreed on. The 
borrowing by way of Mutuum and at interest are 
opposed by Plautus (A sin. i. 3. 95). The Senatus- 
consultum Macedonianum did not allow a right of 
action to a lender against a filinsfamilias to whom 
he had given money " mutua," even after the 
death of the father. [Senatusconsultum Mace- 
donianum.] (Gaius, iii. 90 ; Inst. 3. tit. 14 ; 
Dig. 12. tit. 1. De Rebus Creditis ; Cod. 4. tit. 1 ; 
Vangerow, Pandckten, &c. iii. § 623.) [G. L.] 

MY'RII (fivploi), the name given to the po- 
pular assembly of the Arcadians, which was esta- 
blished after the overthrow of the Spartan supre- 
macy by the battle of Leuctra, and which used to 
meet at Megalopolis in order to determine upon 
matters affecting the whole people. (Xen. Hell. 
vi. 5. § 6, vii. 1. § 38, vii. 4. § 2 ; Diod. xv. 59 ; 
Dem. de Fals. Leg. p. 344 ; Aeschin. de Fals. Leg. 
p. 257; Paus. viii. 32. § 1; Harpocrat. Suid. Phot. 
s. v. ; Schdmann, Antiq. Jur. Putt. Gr. p. 410.) 

MY'SIA (p.vcria), a festival celebrated by the 
inhabitants of Pellene in Achaia, in honour of 
Demeter Mysia. The worship of this goddess 
was introduced at Pellene from a place called 
Mysia in the neighbourhood of Argos. (Paus. ii. 
18. § 3.) The festival of the Mysia near Pellene 
lasted for seven days, and the religious solemnities 



HYSTERIA. 



MYSTERIA. 



781 



took place in a temple surrounded by a beautiful 
grove. The first two days men and women took 
part in the celebration together ; on the third day 
the men left the sanctuary, and the women re- 
maining in it performed during the night certain 
mysterious rites, during which not even male dogs 
were allowed to remain within the sacred precincts. 
On the fourtli day the men returned to the temple, 
and men and women now received each other with 
shouts of laughter and assailed each other with 
various railleries. (Paus. viu 27. § 4 ; Cornutus, 
de Nat. Deor. "28.) Other particulars are not 
known. [L.S.] 

MYSTAE, MYSTAGO'GUS Ouo-toi, 
/j.u<TTayary6s). [Elecsinia.] 

MYSTE'RIA (/jiviTTripia). As each mystery or 
mystic festival is described in a separate article, a 
few general observations only will be required under | 
this head. The names by which they were de- I 
signated in Greece, are /ivffTTjpia, reXeraf, and i 
uirfta. The name u/ryia (from eopya) originally 
signified only sacrifices accompanied by certain 
ceremonies, but it was afterwards applied especially 
to the ceremonies observed in the worship of Dio- 
nysus, and at a still later period to mysteries in 
general. (Lobeck, Aglaapham. i. p. 305.) TtAtTij 
signifies in general a religious festival (Aristot. i 
lihrt. ii. 24 ; Pind. Nem. x. 63), but more partial- ' 
larly a lustration or ceremony performed in order 
to avert some calamity either public or private. 
(Plato, de Hep. ii. p. 26'4, E.) Wlvmiipiov signifies, 
BOporlj speaking, the secret part of the worship, 
but it was also used generally in the same sense 
as rtKer-ti, and for mystic worship. 

Mysteries in general may be defined as sacrifices 
and ceremonies which took place at night or in 
secret within some sanctuary, which the uninitiated j 
were not allowed to enter. What was essential I 
to them, were objects of worship, sacred utensils, 
and traditions with their interpretations, which 
were withheld from all persons not initiated. Wc 
must however distinguish between mysteries pro- 
perly so called, that is, such in which no one was 
allowed to partake unless he had undergone a 
formal initiation, and the mystic ceremonies of 
certain festivals, the performance of which, though 
confined to particular classes of persons, or to a 
particular sex, yet did not require a regular initia- 
tion. Our attention in this article will be confined 
to the mysteries properly so called. 

It appears to have been the desire of all nations 
of antiquity to withhold certain parts of their re- 
ligious worship from the eyes of the multitude in 
order to render them the more venerable. (Strabo, 
p. 717.) But that the ancient mysteries were 
nothing but impositions of priests, who played upon 
the superstitious and ignorant, i.< nn opinion, which, 
although entertained by Limburg-Brouwer, the 
latest writer on the subject (lliftairr dr. hi ('irili.su. 

/'<»« Mnril/r rt HilitJ. dr.1 (,r.r.. vol. iv. p. I '". 

Certain]} cannot satisfy those w ho arc accustomed 
to seek a more solid and vital principle in all re- 
ligious institutions that have ever had any lasting 
influence upon mankind. The persons united 
and initiated to celebrate the mysteries in Greece 
Ml DOtha all priests, nor diil they belong to the 
ignorant and superstitious classes of society, but 
they were on the contrary frequently the most dis- 
tinguished statesmen and philosophers. It has 
been remarked under Ki.ktmma (p. I.VI.b) that 
it is fur more probable that the mysteries in the 



various parts of Greece were remains of the ancient 
Pelasgian religion. The associations of persons 
for the purpose of celebrating them must therefore 
have been formed at the time when the over- 
whelming influence of the Hellenic religion began 
to gain the upper hand in Greece, and when persons 
who still entertained a reverence for the worship 
of former times, united together with the intention 
of preserving and upholding among themselves, 
as much as possible of the religion of their fore- 
fathers. It is natural enough that they formed 
themselves for this purpose into sicieties, analogous 
to the brotherhoods in the church of Rome (Por- 
phyr. de Abslin. iv. 5), and endeavoured to preserve 
against the profanation of the multitude that which 
was most dear to them. Hence the secrecy of all 
the Greek mysteries, and hence the fact that they 
were almost invariably connected with the worship 
of the ancient Pelasgian divinities. The time 
when mysteries were established as such, must 
have been after the great changes and disturbances 
produced by the Dorian migration, although tra- 
dition referred their institution to Orpheus, the 
Curetcs, the Idaean Dactyles, Dionysus, &c, who 
belong to a much earlier period. These tradi- 
tions, however, may in so far be regarded as true, 
as the mysteries were only a continuation and pro- 
pagation of the ancient religion. But it must be 
admitted that in subsequent times new elements 
were added to the mysteries, which were origin- 
ally foreign to them. The development of philo- 
sophy, and more especially the intercourse with 
the East and with Egypt, appear to have exercised 
a considerable influence upon their character. 

The most celebrated mysteries in Greece were 
those of Samothrace and Elcusis. [CabeIRLA ; 
Eleusinia.] But several other places and divini- 
ties had their peculiar mysteries, e.g. the island of 
Crete those of Zeus (Strabo, p. 718; Allien, ix. 
18) ; Argolis those of Hera (Paus. ii. 38. §2) ; 
Athens those of Athena and Dionysus (Plut Alcili. 
34; Dionysia) ; Arcadia those of Artemis (Paus. 
viii. 23. § 3), and Aegina those of Hecate (Paus. 
ii. 30. § 2). But not only the worship of the great 
gods, but also that of some ancient heroes was 
connected with mysteries. (Paus. iv. 34. § (>, ii. 1, 
ii. 30. §5; Herod, v. 83.) 

The benefits which the initiated hoped to obtain 
were security against the vicissitudes of fortune, 
and protection from dangers both in this life and 
in the life to come. The principal part of the ini- 
tiation, and that which was thought to be most 
efficacious in producing the desired effects, were 
the lustrations and purifications, whence the mys- 
teries themselves are sometimes called naOapoia or 

Offences against and violations of the mysteries 
were at Athens under the jurisdiction of the archon 
king, and the court in such cases only consisted of 
persons who were themselves initiated (/»«^utu«- 
voi), and were selected from the heliastae for the 
puqiose. (Pollux, viii. 141.) Even in cases which 
were brought before nn ordinary court, the judges 
were only initiated persons, it the case had any 
connection with the mysteries. (Andocid. de M;/nt. 
p. 14.) Tlint no one but the initiated might hear 
tin- transactions in such a case, the court was sur- 
rounded by public slaves to keep all profane per- 
sons nt a distance. (Pollux, viii. 1 •_>.'!.) 

The Unman religion hud no such mysteries as 
| that of the Greeks, but only mystic rites and ccp- 



782 NAVARCHUS. 



NAUCRARIA. 



monies connected with the celebration of certain 
festivals. The Bacchanalia were of foreign origin, 
and of short duration. [Dionysia.] 

_ A very full account of the Greek mysteries is 
given by Limburg-Brouwer, Hist, de la Civilisat. 
Mor. et Relig. des Grecs, vol. iv. p. 180 — 415, and 
chapter xxvi. of the same work contains a useful 
survey of the various opinions upon the subject 
which have been entertained by modern scholars 
and philosophers. [L. S.] 

MYSTILE (jwffriKii), [Coena, p. 305, a]. 

MYSTRUM (ftvarrpov), a Greek liquid mea- 
sure, of which there were two sizes, called the 
large and small mystrum. The small, which was 
the more common of the two, was -J^ of the cotyla, 
and ^ of the cyathus, and therefore contained about 
l-50th of an English pint. (Galen, Frag. c. 15.) 
Galen adds that the smaller mystrum contained 2\ 
drachms, that the larger was of the cotyla, and 
contained 31 drachms ; but that the most exact 
mystrum (to SiicaidTarov iivarpov) held 8 scruples, 
that is, 2f drachms. According to this, the small 
mystrum would be £ of the larger. But in the 
13th chapter of the same fragment he makes the 
large mystrum =1 of the cotyla and the small 
mystrum \ of the large. In c. 4 he makes the 
large mystrum = 3 oxybapha, and the small == 1-J-. 
Cleopatra makes the large = -Jg- of the cotyla, the 
small= Jj. (Wurm, de Pond. p. 130.) [P. S.] 

N. 

NAE'NIA. [Funus, p. 559, a.] 
NAOS. [Templum.] 
NATALI'TII LUDI. [Lttdi Natautii.] 
NATA'LIBUS RESTITUTIO. [Ingenui.] 
NATATIO, N AT ATO'RI UM. [Balneae, 
p. 189, b.] 

NATU'RA, NATURA'LIS RATIO. [Jus.] 
NAVA'LES DUU'MVIRI. [Duumviri.] 
NAVA'LES SO'CII. [Exercitus, p. 509, b.] 
NAVA'LIA, were docks at Rome where ships 
were built, laid up, and refitted. They were 
attached to the emporium outside of the Porta 
Trigemina, and were connected with the Tiber. 
(Liv. xxxv. 10, xl. 51, xlv. 2.) The emporium 
and navalia were first included within the walls 
of the city by Aurelian. (Vopisc. Aurel. 21.) 

The docks (vswcroiicoi or ve&pia) in the Peiraeeus 
at Athens cost 1000 talents, ajid having been de- 
stroyed in the anarchy were again restored and 
finally completed by Lycurgus. (Isocr. Areopag. 
25; Bb'ckh, PM. Econ. p. 201, 2nd ed.) They 
were under the superintendence of regular officers 
called eTrijiteATjTcii twv vewpiuv. [Epimeletae, 
No. 5.] 

NAVA'LIS CORO'NA. [Corona, p. 360.] 
NAVARCHUS (vavapxos) is the name by 
which the Greeks designated both the captain of a 
single ship, and the admiral of a fleet. The office 
itself was called vavapx'ta- The admiral of the 
Athenian fleet was always one of the ten generals 
(<7TpaT7jyoi) elected every year, and he had either 
the whole or at least the principal command of the 
fleet. (Plut. Theinist. 18.) The chief officers who 
served under him were the trierarchs and the pen- 
tccontarchs, each ol whom commanded one vessel ; 
the inferior officers in the vessels were the icvSep- 
vrjTai or helmsmen, the /ceAeucrrai' or commanders 
of the rowers, and the irpaiparai who must have 



been employed at the prow of the vessels. (Xenoph. 
de Republ. Ath. 1, 2. § 20 ; compare Stra- 
tegus.) 

Other Greek states who kept a navy had like- 
wise their navarchs. A Spartan navarchus is men- 
tioned by Xenophon (Hellen. ii. 1. § 7), and 
under him served an officer called iirio-ToAtvs. 
(Pollux, i. 96 ; Sturz, Lex. Xenoph. ii. p. 321.) 
The navarchia of Sparta however was an innova- 
tion of later times, when the Spartans had acquired 
a fleet and possessions in foreign countries. The 
office was distinct from that of the kings, and 
Aristotle (Polit. ii. 6. p. 69, ed. Gbttling) calls it 
trxeSbf erepa fSaaiAeia. (See Weber, De Gytheo 
et Lacedaemoniorum Reb. Navalib. p. 73, &c.) 

The navarchus in Rhodes seems to have been 
their chief military officer. We find him autho- 
rized to conclude treaties with foreign nations 
(Polyb. xvii. 1), and sent on embassies in the 
name of the republic. (Polyb. xxx. 8 ; Liv. xlv. 
25.) [L. S.] 

NAUCRA'RIA (vavKpapia) is the name of a 
division of the inhabitants of Attica. The four 
Attic phylae were each divided into three phratries, 
and each of these twelve phratries into four nau- 
craries, of which there were thus forty-eight. This 
division is ascribed to Solon (Photius, s. v. Nau- 
Kpapia), but Herodotus (v. 71) in relating the in- 
surrection of Cylon mentions magistrates at Athens 
called irpvrdvLs tuv vavK.pa.puv, so that the nau- 
craries must have existed long before Solon. There 
is, however, some difficulty connected with this 
passage of Herodotus, inasmuch as Thucydides 
(i. 126) in relating the same event mentions the 
nine archons instead of the prytanes of the nau- 
craries. Wachsmuth {Hellen. Alt. vol. i. p. 366, 
2d ed.) endeavours very ingeniously to reconcile- 
Herodotus and Thucydides, by supposing that the 
prytanes of the naucraries were the same as the 
trittyarchs, the assessors of the first archon, and 
were thus identified by Thucydides with the archons 
themselves. What the naucraries were previous 
to the legislation of Solon is not stated anywhere, 
but it is not improbable that they were political 
divisions similar to the denies in the constitution of 
Cleisthenes, and were made perhaps at the time of 
the institution of the nine archons for the purpose 
of regulating the liturgies, taxes, or financial and 
military affairs in general. (Bbckh, Publ. Econ. ii. 
§ 21.) Tittmann [Griech. Staatsv. p. 269) more- 
over supposes with some probability, that they 
were, like the demes of Attica, local divisions. 
Hence the grammarians inform us that vavupapos, 
or the chief officer of every naucrary, was the same 
as the demarch. At any rate, however, the nau- 
craries before the time of Solon can have had no 
connection with the navy, for the Athenians then 
had no navy, and the word vavicpapos cannot be 
derived from vavs, a ship, but from vaiai, and 
vavupapos is only another form for va\)K\r)pos in 
the sense of a householder, as vavXov was used for 
the rent of a house. (Pollux, x. 20 ; Wachsmuth, 
Hellen. Alt. vol. i. p. 367 ; Thirlwall, Hist, o/'Gr. 
vol. ii. p. 52.) 

Solon in his legislation thus only retained the 
old institution of the naucraries. His innovation 
probably was that he charged each of them with 
the equipment of one trireme and with the mount- 
ing of two horsemen. (Pollux, viii. 108.) All 
military affairs, as far as regards the defraying of 
expences, probably continued as before to be regu- 



NAVIS. 



NAVIS. 



rs3 



lated according to naucraries. Cleisthenes in his 
change of the Solonian constitution retained the 
division into naucraries for military and financial 
purposes (Phot. /. c), but he increased their num- 
ber to fifty, making five of each • of his ten tribes, 
so that now the number of their ships was in- 
creased from forty-eight to fifty, and that of horse- 
men from ninety-six to one hundred. The state- 
ment of Herodotus (vL 89) that the Athenians in 
their war against Aegina had only fifty ships of 
their own, is thus perfectly in accordance with the 
fifty naucraries of Cleisthenes. The functions of 
the former vavKpapoi, as the heads of their respective 
naucraries, were now transferred to the dcmarchs. 
[Demarche.] (Harpocrat. s. v. Aij.uapxos.) The 
obligation of each naucrary to equip a ship of war 
for the service of the republic may be regarded as 
the first form of trierarchy. (Lex. Rhetor, p. 283.) 
As the system of trierarchy became developed and 
established, this obligation of the naucraries ap- 
pears to have gradually ceased and to have fallen 
into disuse. (Compare Trierarciiia.) [L. S.] 

NAUCRARUS. [Naicraria.] 

NAVIS (vavs). The beginning of the art of 
ship-building and of navigation among the Greeks 
must be referred to a time much anterior to the 
ages of which we have any record. Even in the 
earliest mythical stories long voyages are men- 
tioned, which are certainly not altogether poetical 
fabrications, and we have every reason to suppose 
that at that early age ships were used which were 
far superior to a simple canoe, and of a much more 
complicated structure. The time, therefore, when 
boats consisted of one hollow tree (Monoxyla), or 
when ships were merely rafts (Hates, o-xtoi'm) 
tied together with leathern thongs, ropes, and 
other substances (Plin. II. X. viL 57), belongs to 
a period of which not the slightest record has 
reached us, although such rude and simple boats 
or rafts continued occasionally to be used down 
to the latest times, and appear to have been very 
common among several of the barbarous nations 
with which the Romans came in contact. (Codex ; 
compare Quintil. x. 2 ; Flor. iv. 2 ; Fest. s. v. 
•Scholia; Li v. xxi. 26.) Passing over the story of 
the ship Argo and the expedition of the Argonauts, 
we shall proceed to consider the ships as described 
in the Homeric poems. 

The numerous fleet, with which the Greeks 
arc said to have sailed to the coast of Asia Minor, 
must on the whole be regarded as sufficient evi- 
dence of the extent to which navigation was car- 
ried on in those times, however much of the detail 
in the Homeric description may have arisen from 
the poet's own imagination. In the Homeric cata- 
logue it is statrd that each of the fifty Boeotian 
ships carried 121) warriors (//. ii. 510), and a ship 
which carried so many cannot have been of very 
small dimensions. What Homer states of the 
Boeotian vessels applies more or less to the ships 
of other Greeks. These boats were provided with i 
a mast (lar6s) which wan fastened by two ropes I 
(TpoVopoi) to the two ends of the ship, so that 
when the rope connecting it with the prow broke, 
the mast would fall towards the stem, where it 
might kill the helmsman. ((Ml. xii. 409, Ate.) 
The mast could be erected or taken down as ne- 
cessity required. They also had sail* (iVti'o), 
but Do deck ; each vessel however appears to 
have had only one sail, whirh was used in fa- 
vourable wind ; and the principal meant of pro- 



pelling the vessel lay in the rowers, who sat upon 
benches (kAtjiScs). The oars were fastened to the 
side of the ship with leathern thongs (Tpo7rol Sep- 
/idTiVot, Od. iv. 782), in which they were turned 
as a key in its hole. The ships in Homer are 
mostly called black (neKaivat), probably because 
they were painted or covered with a black sub- 
stance, such as pitch, to protect the wood against 
the influence of the water and the air ; sometimes 
other colours, such as piKTos, minium (a red co- 
lour), were used to adorn the sides of the ships 
near the prow, whence Homer occasionally calls 
ship3 /xiAroiropTjoi, i. e. red-cheeked (//. ii. 637, 
Od. ix. 125) ; they were also painted occasionally 
with a purple colour ((poiviKOTta.prioi,Od. xL 12-1). 
Herodotus says I iii. 58) that all ships were painted 
with n'tKros. When the Greeks had landed on 
the coast of Troy, the ships were drawn on land, 
and fastened at the poop to large stones with .a 
rope which served as anchors (//. i. 43G, xiv. 77, 
Od. ix. 137, xv. 498 ; Moschopul. ad J I. i. 436). 
The Greeks then surrounded the fleet with a forti- 
fication to secure it against the attacks of the 
enemy. This custom of drawing the ships upon 
the shore, when they were not used, was followed 
in later times also, as every one will remember 
from the accounts in Caesar's Commentaries., There 
is a celebrated but difficult passage in the Odyssey 
( v. 243, Ace), in which the building of a boat is 
described, although not with the minuteness which 
an actual ship-builder might wish for. Odysseus 
first cuts down with his axe twenty trees, and pre- 
pares the wood for his purpose by cutting it smooth 
and giving it the proper shape. He then bores 
the holes for nails and hooks, and fits the planks 
together and fastens them with nails. He rounds 
the bottom of the ship like that of a broad trans- 
port vessel, and raises the bulwark (i/tpia), fitting 
it upon the numerous ribs of the ship. He after- 
wards covers the whole of the outside with planks, 
which are laid across the ribs from the keel up- 
wards to the bulwark ; next the mast is made, 
and the sail-yard attached to it, and lastly the 
rudder. When the ship is thus far completed, he 
raises the bulwark still higher by wickerwork 
which goes all around the vessel, as a protection 
against the waves. This raised bulwark of wicker- 
work and the like was used in later times also. 
(Kustath. ad Od. v. 256.) For ballast Odysseus 
throws into the ship tiAn, which according to the 
Scholiast consisted of wood, stones, and sand. 
Calypso then brings him materials to make a sail 
of, and he fastens the imipai or ropes which run 
from the top of the mast to the two ends of the 
yard, and also the koAoi with which the sail is 
drawn up or let down. The ir<55«s mentioned in 
this parage were undoubtedly, as in the later 
times, the ropes attached to tin- two lower corners 
of the square sail. (Comp. NitZlcb. Aumrrk. z. 
Odyu. vol. ii. p. 35, Ate. ; Ukert, lirmrrk. ulier 
Hbm, OciMjr. p. 20.) The ship of which the 
building ia thus described was a small boat, a 
irx'S'a as Homer colls it ; but it had like all the 
Homeric ships a round or flat bottom. Greater 
ships must have been of n more complicated struc- 
ture, as ship builders are praised ns artists. (//. 
v. 60, \.c.) Below, under Crrurlii, a represent- 
ation of two boats ii given which appear to bear 
gp ai resemblance to the one of which the building 
in described in the Odyssey. (Comp. Thirlwnll, 
Hid. ij'Orrrcf, vol. i. p. 2 1 9.) 



704 



NAVIS. 



NAVIS. 



It is a general opinion that in the Homeric age 
sailors did not venture out into the open sea, but 
that such was really done is clear from the fact, 
that Homer makes Odysseus say that he had lost 
sight of land, and saw nothing but the sky and 
water {Od. xii. 403 ; comp. xiv. 302 ; Virg. Aen. 
iii. 192, &c), although on the whole it may be 
admitted, that even down to the historical times 
the navigation of the ancients was confined to 
coasting along the shore. Homer never mentions 
engagements at sea. The Greeks most renowned 
in the heroic ages as sailors were the Cretans, 
whose king Minos is said to have possessed a large 
fleet, and also the Phaeacians. (Thucyd. i. 4 ; 
Horn. Od. viii. 110, &c.) 

After the times of the Trojan war, navigation, 
and with it the art of ship-building, must have be- 
come greatly improved, on account of the establish- 
ment of the numerous colonies on foreign coasts, 
and the increased commercial intercourse with 
these colonies and other foreign countries. The 
practice of piracy, which was during this period 
carried on to a great extent not only between 
Greeks and foreigners, but also among the Greeks 
themselves, must likewise have contributed to the 
improvement of ships and of navigation, although 
no particulars are mentioned. In Greece itself the 
Corinthians were the first who brought the art of 
ship-building nearest to the point at which we find 
it in the time of Thucydides, and they were the 
first who introduced ships with three ranks of 
rowers (TpWjpeis, Triremes). About the year 700 
B.C. Ameinocles the Corinthian, to whom this in- 
vention is ascribed, made the Samians acquainted 
with it (Thucyd. i. 13 ; Plin. //. N. vii. 57) ; but 
it must have been preceded by that of the Bircmes, 
that is, ships with two ranks of rowers, which 
Pliny attributes to the Erythraeans.* These in- 
novations however do not seem to have been gene- 
rally adopted for a long time ; for we read that 
about the time of Cyrus the Phocaeans introduced 
long sharp-keeled ships called irevTT)KovTopoi. (He- 
rod, i. 163.) These belonged to the class of long 
war-ships (vijes jua/cpai), and had fifty rowers, 
twenty-five on each side of the ship, who sat in 
one row. It is further stated that before this 
time vessels called arpoyyvAai, with large round 
or rather flat bottoms, had been used exclusively 
by all the Ionians in Asia. At this period most 
Greeks seem to have adopted the long ships with 
only one rank of rowers on each side ; their name 




* Biremes are sometimes called by the Greeks 
(Cic. adAtt. xvi. 4 ; Hirt. Bell. AUx. 47.) 
The name biremis is also applied to a little boat 
managed by only two oars. (Horat. iii. 29. 62 ; 
Lucan, viii. 562, x. 66.) 



varied accordingly as they had fifty {irevTT]K6vTo- 
pot), or thirty {rpiaKivTopoi), or even a smaller 
number of rowers. A ship of war of this class is 
represented in the previous woodcut, which is taken 
from Montfaucon, PAntiq. Exjiliq. vol. iv. part 2. 
pi. 142. 

The following woodcut contains a beautiful frag- 
ment of a Bireme with a complete deck. (Winckel- 
mann, Monurti. Antich. inedit. pi. 207.) Another 
specimen of a small Bireme is given further on. 



The first Greek people whom we know to have 
acquired a navy of importance were the Corinthians. 
Samians, and Phocaeans. About the time of Cyrus 
and Cambyses the Corinthian Triremes were gene- 
rally adopted by the Sicilian tyrants and by the 
Corcyraeans, who soon acquired the most powerful 
navies among the Greeks. In other parts of Greece 
and even at Athens and in Aegina the most common 
vessels about this time were long ships with only' 
one rank of rowers on each side. Athens, although 
the foundation of its maritime power had been laid 
by Solon [Naucraria], did not obtain a fleet of 
any importance until the time of Themistocles, who 
persuaded them to build 200 Triremes for the pur- 
pose of carrying on the war against Aegina. But 
even then ships were not provided with complete 
decks (KaraaTpwixaTo.) covering the whole of the 




vessel. (Thucyd. i. 14; Herod, vii. 144.) Ships 
with only a partial deck or with no deck at all, 
were called atppaKroi pijes, and in Latin naves 
apertcte. A fine representation of such a one is 
figured above from a coin of Corcyra. The ships 
described in Homer had no decks, and were all 
cuppaKToi (Thucyd. i. 10), and the only protection 
for the men consisted of the licpia or bulwark. 
(Horn. Od. xii. 229.) Even at the time of the 
Persian war, the Athenian ships were without a 
complete deck. (Thucyd. i. 14.) Ships which had 
a complete deck were called KardcppaKToi, and 
the deck itself KaraffrpufMa. Their invention is 
ascribed by Pliny to the Thasians. At the time 
when Themistocles induced the Athenians to build 




NAVIS. 

a fleet of 200 sails, he also carried a decree, that 
every year twenty new Triremes should he built 
from the produce of the mines of Laurium. (Po- 
lyaen. i. 30 ; Plut. Themist. 4 ; comp. Bockh, 
PM. Econ. p. 249, 2d edit.) After the time of 
Themistocles as many as twenty Triremes must 
have been built every year both in time3 of war 
and of peace, as the average number of Triremes 
which was always ready amounted to between 
three and four hundred. Such an annual addition 
was the more necessary, as the vessels were of a 
light structure and did not last long. The whole 
superintendence of the building of new Triremes 
was in the hand3 of the senate of the Five Hun- 
dred (Demosth. c. Androt. p. 598), but the actual 
business was entrusted to a committee called the 
rpinpo-rowl, one of whom acted as their treasurer, 
and had in his keeping the money set apart for the 
purpose. In the time of Demosthenes a treasurer 
of the rpiTjpoiroioi' ran away with the money, which 
amounted to two talents and a half. During the 
period after Alexander the Great the Attic navy 
appears to have become considerably diminished, 
as in 307 B. c. Demetrius Poliorcetes promised the 
Athenians timber for 100 new Triremes. (Diod. 
xx. 46 ; Plut Demetr. 10.) After this time the 
Rhodians became the greatest maritime power in 
Greece. The navy of Sparta was never of great 
importance. 

Navigation remained for the most part what it 
had been before : the Greeks seldom ventured out 
into the open sea, and it was generally considered 
necessary to remain in sight of the coast or of 9ome 
island, which also served as guides in daytime : in 
the night the position, rising and setting of the 
different stars answered the game purpose. In 
winter navigation generally ceased altogether. In 
cases where it would have been necessary to coast 
around a considerable extent of country, which was 
connected with the main land by a narrow neck, 
the ships were sometimes drawn across the neck of 
land from one sea to the other, by machines called 
6\icoi. This was done most frequently across the 
isthmus of Corinth. (Herod, vii. 24 ; Thucyd. viii. 
1, iiL 15, with the Schol. ; Strab. viii. p. 380 ; 
Polyb. iv. 19, v. 101.) 

Now as regards the various kinds of ships used 
by the Greeks, we might divide them with Pliny 
according to the number of ranks of rowers cm- 
ployed in them, into Monerc*, Bircmes, Triremes, 
Quadrircmes, Quinqueremes, &c, up to the enor- 
mous ship with forty ranks of rowers, built by 
Ptolcmocus Philopator (Plin. I. c, ; Athcn. v. 
p. 203, &.c.) Rut all these appear to have been 
constructed on the same principle, and it is more 
convenient to divide them into ships of tear and 
ships of burden (tpoprixa, tpoprrryol, 0Ako5«5, irAo7a, 
arpoyy{i\ai,nates (intra riar, nnrr.s ucluariae). Ships 
of the latter kind were not calculated for quick 
movement or rapid sailing, but to carry the greatest 
possible quantity of goods. Hence their structure 
was bulky, their bottom round, and although they 
were not without rowers, yet the chief means by 
which they were propelled were the ir sails. 

The most common ships of war in the earlie r 
times were the pentrcontori (irtvrnK6mopoi) % but 
afterwards they were chiefly Triremes, and the latter 
are frequently designated only by the name Kijtf, 
while all the others nre called by the name indi- 
cating their peculiar character. Trireme* however 
were ngnin divided into two classes: the one con- 



NAVIS. 785 
sisting of real men-of-war, which were quick-sail- 
ing vessels (TaxeTcu), and the other of transports 
either for soldiers (tTTpoTi&rriSes or oVAiTceyoryoi) 
or for horses (hrwnyoi, 'nnrayuryol). Ships of this 
class were more heavy and awkward, and were 
therefore not used in battle except in cases of ne- 
cessity. (Thucyd. i. 116.) It seems to have been 
a common practice to use as transports for soldiers 
and horses such Triremes as had become useless 
as men-of-war. The ordinary size of a war galley 
may be inferred from the fact that the average 
number of men engaged in it, including the crew 
and marines, was two hundred, to whom on some 
occasions as much as thirty epibatae were added. 
(Herod, viii. 17, vii. 184; comp. Epibatae and 
Bockh, Publ. Econ. p. 278, &c.) The rapidity 
with which these war galleys sailed mav be 
gathered from various statements in ancient writers, 
and appears to have beer, so great, that even we 
cannot help looking upon it without astonishment, 
when we find that the quickness of an ancient 
trireme nearly equalled that of a modern steam- 
boat. Among the war-ships of the Athenians their 
sacred state- vessels were always included (Pa- 
RALUS; comp. Bockh, L'rkunden uher d. Seetcesen 
des Att. Stoats, p. 76, &ic); but smaller vessels, 
such as the ir(VT7]K6vTopui or TpiaKoVropoi, are 
never included when the sum of men-of-war is 
mentioned, and their use for military purposes ap- 
pears gradually to have ceased. 

Vessels with more than three ranks of rowers on 
each side were not constructed in Greece till about 
the year 400 B. c, when Dionysius L, tyrant of 
Syracuse, who bestowed great care upon his navy, 
built the first Quadriremes (Tei-p^pcis), with which 
he had probably become acquainted through the 
Carthaginians, since the invention of these vessels 
is ascribed to tbem. (Plin. //. jV. vii. 57 ; Diodor. 
xiv. 41, 42.) Up to this time no Quinqueremes 
(irtvT-qpat) had been built, and the invention of 
them is likewise ascribed to the reign of Dionysius. 
Mncsigeiton (ap. Plin. I. c.) ascribes the invention 
of Quinqueremes to the Salaminians, and if this 
statement is correct, Dionysius had his Quinque- 
remcs probably built by a Salaminian ship builder. 
In the reign of Dionysius II. Hexeres (efTjpeis) 
ale also mentioned, the invention of which was 
ascribed to the Syracusans. (Aelian, {'.//. n. 12, 
with the note of Perizonius ; Plin. /. c.) After the 
time of Alexander the Great the use of vessels 
with four, five, and more ranks of rowers became 
very general, and it is well known from Polybius 
(i. 63, &c.) that the first Punic war was chiefly 
carried on with Quinqueremes. Ships with twelve, 
thirty, or even forty ranks of rowers (Plin. Lc. ; 
Athcn. v. p. 204, Ate), such as they were built by 
Alexander and the Ptolemies, appear to have been 
mere curiosities, and did not come into common 
use. The Athenians at first did not adopt vessels 
larger than Triremes, probably because they thought 
that with rapidity and skill they could do more 
than with large and unwieldy ships. In the vear 
U.C. 356 they continued to use nothing but Tri- 
remes ; but in 330 B. c. the republic had already 
a number of Quadriremes, which was afterwards 
increased. The first Quinqueremes nt Athens arc 
mentioned in a document (in Bockh's L'rkundm, 
N. xiv. litt. K.) belonging to the year u. c 325. 
Herodotus (vi. 87), according to the common 
reading, calls the theoris, which in 01. 72 tho 
Arginetnns took from the Athenians, a *tvTl}pr\i: 
3 E 



786 



NAVIS. 



NAVIS. 



but the reading in this passage is corrupt, and 
TrevTcTTjpi's should be written instead of irecT^prjs. 
(Bbckh, Urhunden, p. 76.) After the year 330 
the Athenians appear to have gradually ceased 
building Triremes, and to have constructed Quad- 
riremes instead. 

Among the smaller vessels we may mention the 
&Kinos or andriov, which seems to have been some- 
times used as a ship of burden. (Herod, vii. 186 ; 
comp. Pind. Pytli. xi. 62, Nem. v. 5.) The acatus 
must generally have been very small, and the same 
as a scapha, for Suetonius (Caes. 64) in describing 
Caesar's escape from Alexandria, says that he 
jumped into a scapha, which Plutarch, in narrating 
the same event, calls an acation. From Thucydides 
(iv. 67) with the remark of the Scholiast, we must 
infer that it was a small boat in which every person 
sailing in it managed two oars, one with each hand. 
The name Scapha (<TKa<pri) denotes a small skiff or 
life-boat, which was commonly attached to mer- 
chantmen for the purpose of saving the crew in 
danger. {Act. Apost. xxvii. 30.) 

Liburna, or Liburnica, in Greek \t§vpvis or \i- 
6vpv6i>, is a name given apparently to every war- 
ship, from a bireme up to those with six lines of 
rowers on each side (Lucian, vol. v. p. 262, ed. 
Bip. ; Flor. iv. 2 ; Sueton. Aug. 17) ; but in the 
time of Augustus, liburnae even with six lines of 
rowers were considered small and swift in com- 
parison with the unwieldy ships of Antony at 
Actium. (Horat. Epod. i. 1.) Pliny (x. 32) in- 
forms us that they were constructed sharp in the 
bows to offer the least possible resistance to the 
water. They were usually provided with a beak, 
whence a navis rostrata is generally the same as a 
Liburna. They were first constructed by the 
Liburnians (whence they derived their name), and 
first used by the Romans in the battle of Actium. 
(Comp. Gell. xvii. 3 ; Plin. H. N. ix. 5, xvii. 3 ; 
Appian, de Bell. Jllyr. 3 ; Juven. iii. 240.) 

Every vessel at Athens, as in modern times, had 
a name given to it, which was generally of the 
feminine gender, whence Aristophanes (JEq. 1313) 
calls the Triremes itapOivovs, and one vessel, the 
name of which was Nauphante, he calls the daugh- 
ter of Nauso. (Bbckh, Urk. p. 81, &c. ; and a list 
of names in p. 84, &c.) The Romans sometimes 
gave to their ships masculine names. The Greek 
names were either taken from ancient heroines such 
as Nausicaa, or they were abstract words such as 
Eu7rAoia, ©epairda, Up6voia, '2,<iQ>vaa, 'Hytudvr), 
&c. In many cases the name of the builder also 
was added. 

We now proceed to describe the principal parts 
of ancient vessels. 

1. The prow (irpiipa or fiercoirov, prora) was 
generally ornamented on both sides with figures, 
which were either painted upon the sides or laid 
in. It seems to have been very common to repre- 
sent an eye on each side of the prow. (Bbckh, Urk. 
p. 102 ; Becker, Cliarikles, vol. ii. p. 60.) Upon 
the prow or fore-deck there was always some em- 
blem (TrapdcrTj/xov, insigne, figura) by which the 
ship was distinguished from others. At the head 
of the prow there projected the ariKos, and its ex- 
tremity was termed a.Kpo<rr6\wv, which was fre- 
quently made in the shape of an animal or a helmet. 
It appears to have been sometimes covered with 
brass and to have served as an embole (e/nSoA/ij) 
against the enemy's vessels. (Aeschyl. Pers. 414.) 
The ItKpooToMov is sometimes designated by the 



name of xi^f/cos (from %4\v, a goose), because it 
was formed in the shape of the head or neck of a 
goose or swan, as in the accompanying woodcut. 
{Etym. Magn. s. v.) The cheniscus was often 
gilt and made of bronze. (Lucian, Ver. Hist. 41, 
Jup. Trag. 14.) A cheniscus of bronze is pre- 
served in the Royal Library at Paris. (Millin, 
Diet, des beaux Arts.) [Insigne.] Just below 




the prow and projecting a little above the keel was 
the Rostrum («f/u6o\os, ejxSoKov) or beak, which 
consisted of a beam, to which were attached sharp 
and pointed irons, or the head of a ram and the 
like. This e/jt§o\os was used for the purpose of 
attacking another vessel and of breaking its sides. 
It is said to have been invented by the Tyrrhenian 
Pisaeus. (Plin. I. c.) These beaks were at first 
always above the water and visible ; afterwards 
they were attached lower, so that they were in- 
visible, and thus became still more dangerous to 
other ships. (Diodor. xi. 27, xiv. 60, 75 ; Polyb. i. 
26, xvi. 5, viii. 6.) The annexed woodcuts, taken 
from Montfaucon (VAntiq. Expliq. iv.2. tab. 133), 
represent three different beaks of ships. 




NAVIS. 

Connected with the 1/igoXos was the irpo(fiSo\is, 
which according to Pollux (i. 85) must have been 
a wooden part of the vessel in the prow above the 
beak, and was probably the same as the (irapriSes, 
and intended to ward off the attack of the tfigoKos 
of a hostile ship. The command in the prow of a 
vessel was exercised by an officer called irpwpeiis, 
who seems to have been next in rank to the steers- 
man, and to have had the care of the gear, and the 
command over the rowers. (Xenoph. Oecon. vii. 

U > 

2. The stern (Trpvfiirq, puj>pis) was generally 
above the other parts of the deck, and in it the 
helmsman had his elevated seat. It is seen in the 
representations of ancient vessels to be rounder 
than the prow, though its extremity is likewise 
sharp. The stem was, like the prow, adorned in 
various ways, but especially with the image of the 
tutelary deity of the vessel (tute/a). In some re- 
presentations a kind of roof is formed over the 
head of the steersman, and the upper part of the 
stem frequently has an elegant ornament called 
aplustre, and in Greek &<p\a<TTov, which consti- 
tuted the highest part of the poop. It formed a 
corresponding ornament to the aKpoJT6\iov at the 
prow. At the junction of the aplustre with the 
stem on which it was based, we commonly observe 
an ornament resembling a circular shield : this 
was called luririSiiov or aoTriSio-irn. It is seen on 
the two aplustria here represented. (Comp. Apol- 




lon. Rhod. i. 1 089, ii. 601 ; Apollod. i. 9. § 22 ; 
Horn. //. xv. 716 ; Herod, vi. 1 14.) The apluBtre 
rose immediately behind the gubernator, and scrrcd 
in some degree to protect him from wind and rain. 
Sometimes there appears, beside the aplustre, a 
pole, to which a fillet or pennon (raivia) was at- 
tached, which served both to distinguish and adorn 
the vessel, and also to show the direction of the 
wind. In the column of Trajan, a lantern is sus- 
pended from the aplustre so as to hang over the 
deck before the helmsman. The aplustre com- 
monly consisted of thin planks, and presented a 
broad surface to the sky. In consequence of its 
conspicuous place and beautiful form, the aplustrr 
was often taken as the emblem of maritime affairs : 
it wn« carried off in triumph by the victor in a 
navnl engagement (Juven. x. 135), and Neptune is 



NAVIS. 787 
! sometimes represented on medals holding the 
aplustre in his right hand, as in the annexed wood- 
! cut ; and in the celebrated Apotheosis of Homer, 
now in the British Museum, the female personating 
the Odyssey exhibits the same emblem in refer- 
ence to the voyages of Odysseus. 




3. The Tpa<p7j| is the bulwark of the vessel, or 
rather the uppermost edge of it. (Hesych. s. v.) In 
small boats the pegs (ffKe&jiot, scatmi) between 
which the oars move, and to which they are fast- 
ened by a thonc (rpoirurT^p), were upon the Tpd<p-q^. 
(Bockh, Urhind. p. 103.) In all other vessels the 
oars passed through holes in the side of the vessel 
(iipBaXfioi, rprifuna, or TpuirfyiOTa). (Schol. 
Aristoj,h. Acharn. 97, &.C.) 

4. The middle part of the deck in most ships of 
war appears to rave been raised above the bulwark 
or at least to a level with its upper edge, and thus 
enabled the soldiers to occupy a position from 
which they could see far around and hurl their 
darts against the enemy. Such an elevated deck 
appears in the annexed woodcut representing a 
Monrris. In this instance the flag is standing 
upon the hind-deck. (Mazois, Pomp. Part L tab. 
xxii. fig. 2.) 




5. One of the most interesting, as well as im- 
portant parts in the arrangements of the Biretnes, 
Triremes, &c, is the position of the ranks of 
rowers, from which the ships themselves derivo 
their names. Various opinions have been enter- 
tained by those who liave written upon this sub- 
ject, as the information which ancient writers give 
upon it is extremely scanty. Thus much, how- 
ever, is certain, that the different ranks of rowers, 
who sat along the sides of a vessel, were placed 
one ■btm the other. This seems at first sight 
3 I 2 * 



788 



NAVIS. 



NAVIS. 



very improbable, as the common ships in later 
times must have had five ordines of rowers on each 
side, and since even the lowest of them must have 
been somewhat raised above the surface of the 
water, the highest ordo must have been at a con- 
siderable height above it, and consequently required 
very long oars : the apparent improbability is still 
more increased, when we hear of vessels with 
thirty or forty ordines of rowers above one another. 
But that such must have been the arrangement is 
proved by the following facts : First, In works of 
art, in which more than one ordo of rowers is re- 
presented, they appear above one another, as in 
the biremes given on pp. 784, a, 791, a, and in 
several others figured by Montfaucon. Secondly, 
The Scholiast on Aristophanes {.Acharn. 1106; 
compare Aristoph. Ran. 1105) states that the lowest 
rank of rowers having the shortest oars and con- 
sequently the easiest vvork, received the smallest 
pay, while the highest ordo had the longest oars, 
and consequently had the heaviest work and re- 
ceived the highest pay. Thirdly, In the monstrous 
TtaaapaKouT-qpris of Ptolemaeus Philopator, the 
description of which by Callixenus (ap. Athen. v. 
p. 203, &c.) is as authentic as it well can be, the 
height of the ship from the surface of the water to 
the top of the prow {aKpoo-rShiov) was 48 cubits, 
and from the water to the top of the stern (&(pAa<rTa) 
53 cubits. This height afforded sufficient room 
for forty ranks of rowers, especially as they did not 
sit perpendicularly above one another, but one 
rower, as may be seen in the above representation 
of a Bireme, sat behind the other, only somewhat 
elevated above him. The oars of the uppermost 
ordo of rowers in this huge vessel were 38 cubits 
long. 

In ordinary vessels from the Moneris up to the 
Quinqueremis each oar was managed by one man, 
which cannot have been the case where each oar 
was 38 cubits long. The rowers sat upon little 
benches attached to the ribs of the vessel, and 
called 48wA.io, and in Latin fori and translra. The 
lowest row of rowers was called SaAdfios, the 
rowers themselves, daAapurai or daAa/iioi. (Schol. 
ad Aristoph. Acharn. 1 1 06.) The uppermost ordo of 
rowers was called Spdvos, and the rowers themselves 
dpavtTat. (Thucyd. vi. 31.) The middle ordo or or- 
dines of rowers were called C v y&, tyytoi or fryhat. 
(Pollux, i. 9.) Each of this last class of rowers 
had likewise his own seat, and did not, as some 
have supposed, sit upon benches running across 
the vessel. (Bockh, Urkund. p. 103, &c.) 

We shall pass over the various things, which 
were necessary in a vessel for the use and main- 
tenance of the crew and soldiers, as well as the 
machines of war which were conveyed in it, and 
confine ourselves to a brief description of things 
belonging to a ship as such. All such utensils are 
divided into wooden and hanging gear (ovceuTj 
fuAica, and ovceur] Kpe/j.a<TTa, Pollux, x. 13 ; Athen. 
i. p. 27). Xenophon (Oecon. viii. 12) adds to 
these the cuevr) irAe/cra, or the various kinds of 
wickerwork, but these are more properly compre- 
hended among the Kpefiaffrd. 

I. 2/ceui) tpXiva. 

1. Oars (Kciirai, remi). The collective term for 
oars is rapp6s, which properly signified nothing but 
the blade or flat part of the oar (Herod, viii. 12 ; Pol- 
lux, i. 90), but was afterwards used as a collective 
expression for all the oars with the exception of 



the rudder. (Eurip. Iph. Taur. 1346, Hel. 1554 ; 
Polyb. xvi. 3.) The oars varied in size accordingly 
as they were used by a lower or higher ordo of 
rowers, and from the name of the ordo by which 
they were used, they also received their special 
names, viz. Kcvirai, ^ctAa/iiai, £vyuu, and StpavU 
TiSer. Bockh {Uric. p. 119) has calculated, that 
each Trireme on an average had 170 rowers. In 
a Quinquereme during the first Punic war, the 
average number of rowers was 300 (Polyb. i. 
26) ; in later times we even find as many as 400, 
(Plin. xxxii. 1.) .The great vessel of Ptolemaeus 
Philopator had 4000 rowers (Athen. v. p. 204), 
and the handle of each oar (iyx^^p'^iov) was partly 
made of lead, that the shorter part in the vessel 
might balance in weight the outer part, and thus 
render the long oars manageable. The lower part 
of the holes through which the oars passed, appear 
to have been covered with leather {&<TKWfia), which 
also extended a little way outside the hole. (Aris- 
toph. Acharn. 97, with the Schol. ; Schol. ad Ran. 
367 ; Suidas, s. v. 'AaKai^aTa and Si<p84pa ; com- 
pare Bockh, Urk. 106, &c.) The rap"l>6s also con- 
tained the Trepivea), which must consequently be a 
particular kind of oars. They must have derived 
their name, like other oars, from the class of 
rowers by whom they were used. Bockh sup- 
poses that they were oars which were not regu- 
larly used, but only in case of need, and then by 
the Epibatae. Their length in a Trireme is stated 
at from 9 to 9£ cubits, but in what part of the 
vessel they were used is unknown. Respecting 
oars in general see the Appendix in Arnold's 
Thucyd. vol. ii. p. 461, &c. 

2. The rudder {irr)$d\iov, gubernaculum). Be- 
fore the invention of the rudder, which Pliny 
{H. N. vii. 57) ascribes to Tiphys, the pilot of 
the ship Argo, vessels must have been propelled 
and guided by the oars alone. This circumstance 
may account for the form of the ancient rudder, as 
well as for the mode of using it. It was like an 
oar with a very broad blade, and was commonly 
placed on each side of the stern, not at its ex- 
tremity. The annexed woodcut presents examples 
of its appearance as it is frequently exhibited on 
gems, coins, and other works of art. The figure 
in the centre is from one of Bartoli's lamps {Luc. 
Ant. i. 5), and shows a Triton blowing the buccina, 
and holding a rudder over his shoulder. The left- 
hand figure in the same woodcut is from a cameo 
in the Stosch collection. It represents a rudder 
with its helm or tiller crossed by the cornucopia. 
In the third figure taken from another cameo in 




NAVIS. 



NAVI5. 



739 



the same collection, Venus leans with her left 
arm upon a rudder to indicate her origin from the 
tea. The rudder was managed by the guber- 
nator (icvgepi>irn\s), who is also called the rector 
navis as distinguished from the magisier. A ship 
had sometimes one, but more commonly two rud- 
ders (Aelian, V. H. ix. 40 ; Heliod. Aethiop. v. 
p. 241, ed. Comm. ; Acts xxvii. 40), and they 
were distinguished as the right and left rudder 
(Hygin. Fab. 14) ; but they were managed by the 
same steersman to prevent confusion. (Bartoli, 
/. c. iiL 31.) In larger ships the two ruddera were 
joined by a pole which was moved T>y the guber- 
nator and kept the rudders parallel. The con- 
trivances for attaching the two rudders to one 
another and to the sides, of the ship, are called 
&vy\at (Eurip. Helen. 1556) or ffuxTTjpi'm (Acts, 
xxvii. 40). The famous ship of Ptolemaeus Phi- 
lopator had four rudders, each 30 cubits in length. 
(Athen. v. p. 204 ; comp. Tac. Ann. ii. 6.) 

3. Ladders (kAi/kuci'Sci, scalae). Each Trireme 
had two wooden ladders, and the same seems to 
have been the case in roiaxivroooi. (Bockh, p. 125.) 

4. Poles or punt poles (Komui, conti). Three of 
these belonged to every Trireme, which were of dif- 
ferent lengths, and were accordingly distinguished 
as Kombi piyas, Kovrbs ftmpbs, and Kovrbs /ifaos. 
Triacontores had probably always four punt poles. 
(Contcs ; Biickh, p. 125, Acc.) 

5. Ilopoo-TOTai or supports for the masts. They 
seem to have been a kind of props placed at the 
foot of the masts. (Isidor. Orig. xix. 2. 11.) The 
mast of a Trireme, as long as such props were 
used, was supported by two. In later times they 
do not occur any longer in Triremes, and must have 
been supplanted by something else. The Triacon- 
tores on the other hand retained their na.oaaTi.Tai. 
(Bockh, p. 120, &c) 

6. The mast (1<tt6s, malus). The ancients had 
vessels with one, two or three masts. From 
Bockh's Urkunden we learn that two masts were 
issued at Athens from the vtwptov for every tri- 
reme. The foremast was called ajtaTftos, while 
the mainmast was called lo~t6s ntyat. A tria- 
contcr, or a vessel with 30 rowers, had likewise 
two masts, and the smaller mast here as well as 
in a trireme was near the prow. In three-masted 
vessels the largest mast was nearest the stern. 
The masts M well as the yards were usually of 
fir. (Plin. //. X. xvi. 76.) The invention of 
masU in navigation is attributed to Daedalus 
(Plin. If. .V. vii. 56.) The part of the mast imme- 
diately above the yard (antenna), formed a struc- 
ture similar to a drinking cup, and bore the name 
of carchesium (xapx'ha'ov). Into it the mariners 
ascended in order to manage the sail, to obtain a 
distant view, or to discharge missiles. (Eurip. 
BeaA. 1237, with the Schol. ; Lucil. .Sat. 3.) The 
ceruchi or other tackle may have been fastened to 
its lateral projections which corresponded to the 
hands of a cup. (Comp. Pind. Sem. v. .04.) The 
enrchesia of tho three-masted ship built f..r 
Micro II. by Archimedes were of bronze. Three 
men were placed in the largest, two in the next, 
and one in the smallest Breastworks (dwpeUio) 
were fixed to these structures, so as to supply the 
place of defensive armour ; and pulleys (tooxv- 
Aioi, trochlear) for Hoisting up stones and weapons 
from below. (Athen. v. 43.) The continuation of 
the mast above the carchesium was called the 
"distutT" (iiAcucctTT)), corresponding to our top- 



mast or top-gallant mast. (Apollon. Rhod. i. 565 ■ 
Athen. xi. 49.) The carchesium was sometimes 
made to turn upon its axis, so that by means of its 
apparatus of pulleys, it served the purpose of a 
crane. (Vitruv. x. 2, 10, with Schneider's note.) 

7. The yards (K(pas,Ktpaia,antenna). The main- 
yard was fastened to the top of the mast by ropes 
termed ceruchi, as seen in the annexed woodcut. 




To the mainyard was attached the mainsail, which 
was hoisted or let down as the occasion might re- 
quire. For this purpose a wooden hoop was made 
to slide up and down the mast, as we see it re- 
presented in an antique lamp, made in the form of 
a ship. (Bartoli, /. c. iii. 31 ; comp. Isid. Or'uj. xx. 
15.) In the two extremities of the yard (cornua, 
aKpoKtpaiaC), ropes (ceruchi, Kvpovxot) were at- 
tached, which passed to the top of the mast ; and 
by means of these ropes and the pulleys connected 
with them, the yard and sail, guided by the hoop, 
were hoisted to the height required. (Cae3. de 
Bell. Gall. iii. 14 ; Lucan, viii. 177 ; Val. Flacc. L 
469.) There are numerous representations of an- 
cient ships in which the antenna is seen, as in the 
two woodcuts here appended. In the second of 
them, there are ropes hanging down from the an- 
tenna, the object of which was to enable the sailors 
to turn the antenna and the sail according to the 
wind. 




II. ~S.K(irn xpffiaoTa. 
1. 'Tirofw/iOTa. This part of an nncicnt vessel 
was formerly quite misunderstood, as it was be- 
lieved to be the boards or planks covering the out- 
side of a ship and running along it in the direction 
from poop to prow. But Schneider (ad Vitruv. x. 
15. 6) has proved that the word means cordage or 
tackling, and this opinion, which is supported by 
many anrient authors. Is confirmed by the docu- 
ment* published by Biickh, where it is reckoned 
among the axtirn The into{<in*Ta were 

thick and broad ropes which ran in a horizontal 
direction around the ship from the stem to the 
prow, and were intended to keep the whole fabric! 



790 NAVIS. 
together. They ran round the vessel in several 
circles, and at certain distances from one another. 
The Latin name for vir6£u>ixa is tormentum. (Isidor. 
Orig. xix. 4. 4 ; Plato, de Re Publ. x. p. 616.) 
The length of these tormenta varied accordingly as 
they ran around the higher or lower part of the 
ship, the latter being naturally shorter than the 
former. Their number varied according to the 
size of the ship. The Tessaracon tores of Ptolemaeus 
Philopator had twelve viro£wp.aTa, each 600 cu- 
bits long. (Athen. v. p. 204.) Such vnoQiixara 
were always ready in the Attic arsenals, and were 
only put on a vessel when it was taken into use. 
Sometimes also they were taken on board when a 
vessel sailed, and not put on till it was thought 
necessary. {Act. Apost. xxvii. 17.) The act of put- 
ting them on was called inro&vvbvai or oiafavvvvai, 
or faacu. (Polyb. xxvii. 3 ; Appian, B. C. v. 91 ; 
Apoll. Rhod. Argon, i. 368.) A Trireme required 
four vTro^ci/xaTa, and sometimes this number was 
even increased, especially when the vessel had to 
sail to a stormy part of the sea. (Bb'ckh, pp. 133 — 
138.) 

2. 'lffTiov (velum), sail. Most ancient ships 
had only one sail, which was attached with the 
yard to the great mast. In a Trireme too one sail 
might be sufficient, but the trierarch might never- 
theless add a second. As each of the two masts of 
a Trireme had two sail-yards, it further follows 
that each mast might have two sails, one of which 
was placed lower than the other. The two be- 
longing to the main-mast were called laria p.eya\a, 
and those of the fore-mast la-r'ia aKareia. (Xenoph. 
Helkn. vi. 2. § 27 ; Bekker, Aneadot. pp. 19, 10.) 
The former were used on ordinary occasions, but 
the latter probably only in cases when it was 
necessary to sail with extraordinary speed. The 
sails of the Attic war- galleys, and of most ancient 
ships in general, were of a square form, as is seen 
in numerous representations on works of art. Whe- 
ther triangular sails were ever used by the Greeks, 
as has been frequently supposed, is very doubtful. 
The Romans, however, used triangular sails, which 
they called Suppara, and which had the shape of 
an inverted Greek A (v), the upper side of which 
was attached to the yard. Such a sail had of 
course only one ttovs ( pes) at its lower extremity. 
(Schol. ad Luean. Phars. v. 429 ; Isidor. Orig. xix. 
3, 4 ; Bockh, pp. 138—143.) 

3. ToTreia, cordage. This word is generally ex- 
plained by the grammarians as identical with 
(Txoinia or K0A.01 : but from the documents in 
Bb'ckh it is clear that they must have been two 
distinct classes of ropes, as the roweia are always 
mentioned after the sails, and the trxoivia before 
the anchors. The cxoicio (funes) are the strong 
ropes to which the anchors were attached, and by 
which a ship was fastened to the land ; while the 
T07T6(a were a lighter kind of ropes and made with 
greater care, which were attached to the masts, 
yards, and sails. Each rope of this kind was made 
for a distinct purpose and place (toVos, whence 
the name roireta). The following kinds are most 
worthy of notice : — a. KaKipSta or KaAoi. "What 
they were is not quite clear, though Bb'ckh thinks it 
probable that they belonged to the standing tackle, 
i. e. that they were the ropes by which the mast 
was fastened to both sides of the ship, so that 
the irpoVofoi in the Homeric ships were only an 
especial kind of KaXipSia, or the KaAcpSia them- 
selves differently placed. In later times the 



NAVIS. 

irpdVoeos was the rope which went from the top of 
the mainmast (Kapx^crtov) to the prow of the ship, 
and thus was what is now called the main-stay. 
b. iiiavrts and Kepovxoi are probably names for the 
same ropes which ran from the two ends of the 
sail-yard to the top of the mast. In more ancient 
vessels the tfias consisted of only one rope ; in later 
times it consisted of two, and sometimes four, 
which uniting at the top of the mast, and there 
passing through a ring, descended on the other 
side, where it formed the Mtovos, by means of 
which the sail was drawn up or let down. (Bockh, 
pp. 148 — 152.) Compare the lower woodcut at 
p. 789, which shows a vessel with two ceruchi, and 
the upper woodcut p. 789, which shows one with 
four ceruchi. c. &yKoiva, Latin anquina (Isid. Orig. 
xix. 4. 7), was the rope which went from the middle 
of a yard to the top of the mast, and was intended 
to facilitate the drawing up and letting down of the 
sail. The &yKoiva SnrArj of Quadriremes undoubt- 
edly consisted of two ropes. Whether Triremes 
also had them double, is uncertain. (Pollux, I. c; 
Bockh, p. 152.) d. TJ6Ses (pedes) were in later 
times as in the poems of Homer the ropes attached 
to the two lower corners of a square sail. These 
ird'Ses ran from the ends of the sail to the sides of 
the vessel towards the stern, where they were 
fastened with rings attached to the outer side of the 
bulwark. (Herod, ii. 36.) Another rope is called 
irp6Trovs, propcs (Isidor. Orig. xix. 4. 3), which was 
probably nothing else than the lower and thinner 
end of the irovs, which was fastened to the ring. 
e. "tirepat were the two ropes attached to the two 
ends of the sail-yard, and thence came down to a 
part of the ship near the stern. Their object was 
to move the yard according to the wind. In Latin 
they are called opifera, which is, perhaps, only a 
corruption of hypera. (Isidor. Orig. xix. 4. 6.) 
The last among the Toirtia is the xaA.ii'o'y, or 
bridle, the nature of which is quite unknown. 
(Bockh, p. 154, &c.) 

4. Ylapafyviuna. The ancients as early as the 
time of Homer had various preparations raised 
above the edge of a vessel, which were made of skins 
and wicker-work, and which were intended as a 
protection against high waves, and also to serve as 
a kind of breast- work behind which the men might 
be safe against the darts of the enemy. These eleva- 
tions of the bulwark are called irapaffi'ifiaTa, and 
in the documents in Bockh they are either called 
rpixiva, made of hair, or \evicd, white. They 
were probably fixed upon the edge on both sides 
of the vessel, and were taken off when not wanted. 
Each galley appears to have had several Trapap^vfiara, 
two made of hair and two white ones, these four 
being regularly mentioned as belonging to one ship. 
(Xenoph. Hellen. i. 6. § 19 ; Bockh, p. 159, &c.) 

5. KardSKrifia and vir6§\r)iia. The former of 
these occurs in Quadriremes as well as in Triremes, 
the latter only in Triremes. Their object and 
nature are very obscure, but they appear to have 
been a lighter kind of Tvapap^vp-a. (Polyaen. Strai. 
iv. 11, 13; Bockh, p. 160, &c.) 

6. ^,x olvla are the stronger and heavier kinds of 
ropes. There were two kinds of these, viz. the 
axoivia ayKvpeta, to which the anchor was attached, 
and axoivia eiriyva or iirlysia (retinacula), by 
which the ship was fastened to the shore or drawn 
upon the shore. Four ropes of each of these two 
kinds is the highest number that is mentioned as 
belonging to one ship. The thick ropes were made 



NAVIS. 

of several thinner ones. (Aristoph. Pax, 36 ; 
Varro, de Re Rust. L 135 ; Bockh, pp. 161—166.) 

7. The anchor (ayicvpa, ancora.) We have al- 
ready remarked that in the Homeric age, anchors 
were not known, and large stones (ewal, sleepers) 
used in their stead. (Horn. 11. i. 436, xiv. 77, Od. 
ix. 137, xv. 498.) According to Pliny (H. iV. 57), 
the anchor was first invented by Eupalamus and 
afterwards improved by Anacharsis. Afterwards, 
when anchors were used, they were generally made 
of iron, and their form, a3 may be seen from the 
annexed figure, taken from a coin, resembled that 
of a modern anchor. (Comp. Virg. Aen. i. 169, 



NAVIS. 



791 




vi. 3.) Such an anchor was often termed Lidens, 
5iirA.7), au.ipiGo\os or iuJpiaTouos, because it had 
two teeth or flukes ; but sometimes it had only 
one, and was then called iTtpoarS/ios. The tech- 
nical expressions in the use of the anchor arc : 
ancoram solvere, ayKvpav X aX ^"-> *° ' 008e tne 
anchor ; ancoram jacere, kyxvpav PaWtiv or j>iir- 
TW, to cast anchor ; and ancoram tollere, Ir/KVpar 
alpttv or avaiptaBai, to weigh anchor, whence 
alptw by itself means " to set sail," ayxvpav 
lieing understood. The following figure, taken 
from a marble at Rome, shows the cable (funis), 
pausing through a hole in the prow (oculus). Each 




ship of course had several anchors ; the one in 
which St. Paul sailed had four (Acts, xxvii. 29), 
und others had eight. (Athen. v. 43.) The last or 
most powerful anchor, "the last hope," was called 
Upu, sacra, and persons trying their lust hope were 
said sacrum solvere. To indicate where the anchor 
lay, a bundle of cork floated over it on the surface 
of the waters. (Paus. viii. 12 ; Plin. //. JV. 
xvi. 8.) 

The preceding account of the different parts of 
the ship will !><• rendered still clearer by the 
drawing on the following page, in whici it is at- 
tempted to give a restoration of an ancient ship. 

The Romans in the earlier period of their his- 
tory never conceived the idea of increasing tln ir 
power by the formation of a fleet The time when 



they first appear to have become aware of the 
importance of a fleet, was during the second 
Samnite war, in the year B. c. 31 1. Livy (ix. 30), 
where he mentions this event, says : duumviri 
navales classis ornandae reficiendaeque causa were 
then for the first time appointed by the people. This 
expression suggests that a fleet had been in exist- 
ence before, and that the duumviri navales had been 
previously appointed by some ether power. [Du L'M- 
virl] But Niebuhr (Hist of Rome, iii. p. 282) 
thinks that the expression of Livy only means, 
that at this time the Romans resolved to build 
their first fleet. The idea of founding a navy was 
probably connected with the establishment of a 
colony in the Pontian islands, as the Romans at 
this time must have felt that they ought not to be 
defenceless at sea. The ships which the Romans 
now built were undoubtedly Triremes, which were 
then very common among the Greeks of Italy, and 
most of them were perhaps furnished by the Italian 
towns subject to Rome. This fleet, however in- 
significant it may have been, continued to be kept 
up until the time when Rome became a real mari- 
time power. This was the time of the first Punic 
war. That their naval power until then was of no 
importance, is clear from Polybius (i. 20), who 
speaks as if the Romans had been totally un- 
acquainted with the sea up to that time. In the 
year a. c. 260, when the Romans saw that without 
a navy they could not carry on the war against 
Carthage with any advantage, the s nate ordained 
that a fleet should be built. Triremes would now 
have been of no avail against the high-bulwarked 
vessels (Quinqueremes) of the Carthaginians. But 
the Romans would have been unable to build others 
had not fortunately a Carthaginian Quinquerome 
been wrecked on the coast of Bruttium, and fallen 
into their hands. This wreck the Romans took as 
their model, and after it built 120 (Polyb. /. c), or 
according to others (Oros. iv. 7) 130 ships. Ac- 
cording to Polybius one hundred of them were 
irtvrripf is, and the remaining twenty rpi^peit, or, 
as Niebuhr proposes to read, rerp4)p(n. This 
large fleet was completed within sixty days after 
the trees had been cut down. (Plin. II. N. xvi. 
74.) The ships, built of green timber in this hur- 
ried way, were very clumsily made, and not likely 
to last lor any time ; and the Romans themselves, 
for want of practice in naval affairs, proved very 
unsuccessful in their first maritime undertaking, 
for seventeen ships were taken and destroyed by 
the Carthaginians off Messina. (Polyb. i. 21 ; 
Polyaen. Ulrat. vi. 16 ; Oros. iv. 7.) C. Duilius, 
who perceived the disadvantage with which his 
countrymen had to struggle at sea, devised a plan 
which enabled them to change a sea fight, as it 
were, into a fight on land. The machine, by which 
this was effected, was nfterwards called corrus, 
and is described by Polybius (L 22 ; comp. Nie- 
buhr, iii. p. 678, &.c. ; Corvi's). prom this time 
forward the Romans continued to keep up a power- 
ful navy. Towards the end of the Republic they 
also increased the size of their ships, and built war 
vessels of from six to ten ordines of rowers. (Flo- 
rus, iv. 11 ; Virg. Am. viii. 691.) The construc- 
tion of their ships, however, scarcely differed from 
that of Greek vessels ; the only great difference 
was that the Roman galleys were provided with a 
greater variety of destructive engines of war than 
those of the Greeks. They even erected turrcs 
and tabulala upon the decks of their great mcn-of- 
3 I i 



792 



NAVIS. 



NAUMACHIA. 




A. Prora, irp&pa. 

B. Oculus, bcp6a\fj.6s. 

C. Rostrum, tfiSoAos. 

D. Cheniseus, x 7 l"^ a ' K0S - 

E. Puppis, ■npvjxvii. 

F. Aplustre, &cp\affTov, with the pole containing 
the fascia or taenia. 

G. rpd<pT)^. 

H. Remi, K<iirai. 

I. Gubernaculum, irrfiiMov. 



K. Malus, IittSs. 

L. Velum, IutSs. 

M. Antenna, Ktpa'ia, K(pas. 

N. Cornua, anpoKepatai. 

0. Ceruchi, Kepov^oi. 

P. Carchesium, Kapxhaiov. 

Q. KaAoi, KaAijJSio. 

R. irptSTOi/os. 

S. Pedes, tt6S(s. 

T. Opifera, imipai. 



war (naves turritae), and fought upon them in the 
same manner as if they were standing upon the 
walls of a fortress. Some of such naves turritae 
occur in the woodcuts given above. (Flor. I.e. ; 
Plut. Anton. 33 ; Dion Cass.xxxii. 33 ; Plin. H. N. 
xxxii. 1 ; comp. Caes. de Bell. Gall. iii. 14 ; Dion 
Cass, xxxix. 43 ; Veget. de Re Milil. v. 14, &c.) 

For a more detailed account of the ships and 
navigation of the ancients, see Scheffer, De Militia 
Navali, Upsala, 1654 ; Berghaus, Gescliichte der 
Schiff 'fahrtskunde der vornehmsten Volker des Al- 
terthums ; Benedict, Gesch. der Schifffahrt und des 
Handels der A lien ; Howell, On the War-galleys of 
the Ancients ; A. Jal, Archeologie Navale, Paris, 
1840 ; and for the Attic navy especially, Bockh's 
Urkunden uber das Seewesen des Atischen Slaates, 
Berlin, 1840 ; K. Haltaus, Gescliichte Roms im 
Zeitalter der Punischen Kriege, Leipzig, 1846, 
p. 607, &c.) [L. S.] 



NAUMA'CHIA, was the name given to the re- 
presentation of a sea-fight among the Romans, and 
also to the place where such engagements took 
place. These fights were sometimes exhibited in 
the Circus or Amphitheatre, sufficient water being 
introduced to float ships, but more generally in 
buildings especially devoted to this purpose. The 
first representation of a sea-fight on an extensive 
scale was exhibited by Julius Caesar, who caused 
a lake to be dug for the purpose in a part of the 
Campus Martius, called by Suetonius the "Lesser 
Codeta " (Dion Cass, xliii. 23 ; Suet. Jul. Caes. 
39) ; this lake was afterwards filled up in the time 
of Augustus on account of the malaria arising from 
the stagnant water in it. (Dion Cass. xlv. 17.) 
Augustus also dug a lake (stagnum) near the Tiber 
for the same purpose, and planted around it a grove 
of trees (nemus). (Suet. Aug. 43 ; Tacit. Ann. xii. 
56, xiv. 1 5.) This naumachia was the first per- 



NAUTODICAE. 



NEBRIS. 



793 



roanent one ; it continued to be used after others 
had been made, and was subsequently called the 
"vetus naumachia." (Suet. Tit. 7 ; Dion Cass. 
Levi. 25 ; Emesti, ad Suet. Tib. 72.) Claudius ex- 
hibited a magnificent sea-fight on the lake Fucinus. 
(Tacit Ann. xii. 56 ; Suet Claud. 21 ; Dion Cass, 
be 33.) Nero appears to have preferred the am- 
phitheatre for these exhibitions. (Dion Cass. lxi. 
9, lxii. 15.) Domitian made a new naumachia, 
and erected a building of stone around it, in which 
the spectators might sit to see the engagement 
(Dion Cass. lxvi. 8 ; Suet. Dom. 4, 5.) Representa- 
tions of naumachiae are sometimes given on the 
coins of the emperors. (Scheffer, de Militia Nacali, 
iii. 2. pp. 189, 191.) 

The combatants in these sea-fights, called Nau- 
mackiarii (Suet. Claud. 21), were usually captives 
(Dion Cass, xlviii. 19) or criminals condemned to 
death (Dion Cass. lx. 33), who fought as in gladia- 
torial combats, until one party was killed, unless 
preserved by the clemency of the emperor. The 
ships engaged in the sea-fights were divided into 
two parties, called respectively by the names of 
different maritime nations, as Tyrians and Egyp- 
tians (Suet Jul. 31 ), Rhodians and Sicilians (Suet 
Claud. 21 ; Dion Cass. lx. 33), Persians and Athe- 
nians (Dion Cass. lxi. 9), Corcyraeans and Corin- 
thians, Athenians and Syracusans, &c (Id. lxvi. 
25.) These sea-fights were exhibited with the 
same magnificence and lavish expenditure of human 
life as characterised the gladiatorial combats and 
other public games of the Romans. In Nero's 
naumachia there were sea-monsters swimming 
about in the artificial lake (Suet Nero, 12 ; Dion 
Cass. lxi. 9), and Claudius had a silver Triton 
placed in the middle of the lake Fucinus, who was 
made by machinery to give the signal for attack 
with a trumpet (Suet Claud. 21.) Troops of 
Nereids were also represented swimming about. 
(Martial, de Sped. 26.) In the sea-fight exhibited 
by Titus there were 3000 men engaged (Dion Cass, 
lxvi. 25), and in that exhibited by Domitian the 
ships were almost equal in number to two real 
fleets ( paene jusiae classes, Suet Dom. 4). In the 
battle on the lake Fucinus there were 1 9,000 com- 
batants (Tacit Ann. xii. 56), and fifty ships on 
each side. (Dion Cass. lx. 33.) 

NAUTA. [Exercitoria Actio.] 
NAUTICON (vavrixSv). [FINDS, p. 525, b.] 
NAUTO'DICAK(i'auTd'5iK£n),are called apxal 
or magistrates by most of the ancient grammarians 
(Harpocrat. Suidas, Lex. Rhet s. r. NauroSi'xoi), 
while a few others call them Sixao-Tol. (Hesych. 
t. c.) The concurrent authority of most of them, 
together with a passage of I.vsias ('/•• /'•mn. I'uU. 
p. 189, Bremi), the only Attic orator who mentions 
the nautodicae, renders it more than probable that 
they were a magistracy. This can be the less 
doubtful as the words SuccCftii' and iiKao-r^t are 
sometimes used of magistrates in their capacity of 
tiaayuytit. (Meier, Alt. /'roc. p. 28 ; sec Eisa- 
OOGXI8.) All testimonies of the ancients moreover 
agree that the nautodirac had the jurisdiction in 
matter* belonging to navigation and commerce, and 
in matters concerning such persons as hnd entered 
their names as members of a phratria without both 
their parents being citizens of Athens, or in other 
words, in the SUai lfi*6puv and 5i'»rai (<e(a>. The 
time when nautodicae were first instituted is not 
mentioned, but the fnct that they had the jurisdic- 
tion in cases where n person had assumed the 



rights of a phrator without his father and mother 
being citizens, shows that their institution must 
belong to a time when it was sufficient for a man 
to be a citizen if only his father was a citizen, 
whatever his mother might be, that is, previous to 
the time of Pericles (Plut. Pericl. 37 ; compare 
Civitas, p. 289), and perhaps as early as the 
time of Cleisthenes. The nautodicae were ap- 
pointed every year by lot in the month of Gamelion, 
and probably attended to the Sinai £uir6puv only 
during the winter, when navigation ceased, whereas 
the Si'/cai £ev'ias might be brought before them all 
the year round. 

It is a well known fact that the two actions 
(S'lKdi (jar&fwv and S'iKai £evias) which we have 
here assigned to the nautodicae, belonged, at least 
at one time, to the thesmothetae. (Meier, AH. 
Proc p. G4, &c.) Several modern writers, such as 
Bo'ckh, Baumstark, and others, have therefore 
been led to suppose that all the grammarians who 
call the nautodicae opx a ' are mistaken, and that 
the nautodicae were not eioa-yuryeh in the cases 
above mentioned, but SiKaarai. But this mode of 
settling the question does not appear to us to be as 
satisfactory as that adopted by Meier and Scho- 
raann. (Att. Proc. p. 85, &c.) In all the speeches 
of Demosthenes no trace occurs of the nautodicae, 
and in the oration against Lacritus (p. 940), where 
all the authorities are mentioned before whom such 
a case as that of Lacritus might be brought, the 
orator could scarcely have failed to mention the 
nautodicae, if they bad still existed at the time. 
It is therefore natural to suppose that the Si'koi 
lixir6puv at the time of Philip of Macedonia, when 
they became 5ixa< «/i/i7)yoi [Emmeni Dikai], 
were taken from the nautodicae and transferred to 
the thesmothetae. And as the republic could not 
now think it any longer necessary to continue the 
office of nautodicae, merely on account of the 5(kcu 
{f y'tas, these latter were likewise transferred to the 
thesmothetae, and the office of the nautodicae was 
abolished. The whole period during which nauto- 
dicae existed at Athens would thus comprehend 
the time from the legislation of Cleisthenes or soon 
after, to Philip of Macedonia. One difficulty how- 
ever yet remains, for nautodicae are mentioned by 
Lucian (ii. p. 203, ed. Bip.) in a dialogue which 
the author represents as having taken place after 
the death of Alexander. Those who are unwilling 
to believe that Lucian here, as in other places, has 
been guilty of an anachronism, must suppose that 
the nautodicae were after their abolition restored 
for a time, of which however there is no other evi- 
dence. (Compare Biickh, I'uU. Earn. i. § 9 ; Baum- 
stark, De Curatnrilms limporii et Aautodicis apud 
Atlimienses, pp. 65 — 78.) [L. S.] 

NEIIRIS, a fawn's skin (from v<Ep6s, a fawn ; 
nee An,i-i, worn originally by limit, rs anil others 
ds an appropriate part of their dress, and after- 
wards attributed to Dionysus (Eurip. Jlaccli. 99, 
125, 157, 790, cd. Matt ; Aristoph. Kanae, 1209; 
Dionys. I'eririj. 702, 946 ; Rufus Festus Avien. 
1 129), and consequently assumed by his votaries 
in the processions and ceremonies which they ob- 
served in honour of him. [ Dion vma. | The an- 
nexed woodcut taken from Sir W in. Hamilton's 
Vases (L 37), shows a priestess of Bacchus in the 
attitude of offering a nebris to him or to one of 
his ministers. The works of ancient art often 
show it n» wom not only by male and female bac- 
chanals, but also by Pans and Satyrs. It was 



794 NEGOTIORUM GESTORUM ACTIO. 




commonly put on in the same manner as the aegis, 
or goat-skin, by tying the two fore legs over the 
right shoulder so as to allow the body of the skin 
to cover the left side of the wearer. (Ovid. Met. vi. 
593.) [J. Y.] 

NECRODEIPNON {vtK P 6fenrvov). [Funus, 
p. 557, b.) 

NEC Y'SIA (vzntaia). [Funus, p. 558, a.] 

NEFASTI DIES. [Dibs.] 

NEGATI'VA, NEGATO'RIA ACTIO. [Con- 
pbssoria Actio.] 

NEGLIGE'NTIA. [Culpa.] 

NEGOTIO'RUM GESTO'RUM A'CTIO. 
This was an action which a man might have 
against another who had managed his affairs for 
him in his absence, without being commissioned to 
do so {sine mandato). The action was not founded 
either on contract or delict, but was allowed for 
convenience sake {utilitatis causa). The person 
whose business was transacted by another, and the 
person who transacted the business, might severally 
have an action against one another in respect of 
that which " ex bona fide alteram alteri praestare 
oportet." The dominus negotii had a negotiorum 
gestorum actio directa. The action of the self- 
constituted agent (gestor) was sometimes called 
Contraria, by analogy to similar actions in other 
cases. He was bound to make good any loss that 
was incurred during his administration by dolus 
or culpa, and in some instances even loss that had 
been incurred by casus. On the other hand, he 
had his action for all expenses properly incurred, 
and in some cases, even if the result was unfortu- 
nate to the absent person ; as if he paid for medi- 
cal attendance on a sick slave, and the slave died 
notwithstanding all his care : but various diffi- 
culties might easily be suggested as to such cases 
as these (Dig. 3. tit. 5. s. 10), and the rule must 
be qualified by the condition of the thing under- 
taken being a thing necessary (to the owner) to 
be undertaken, though the result might be unpro- 
fitable. It was also necessary that the gestor 
should have undertaken the business not with the 



NEMEA. 

view of doing it for nothing, but with the intention 
of establishing a right against the negotii dominus, 
though that might not be the immediate motive to 
undertaking the thing (Savigny, System, &c. iii. p. 6, 
note 9.) There was, however, no negotiorum ges- 
torum actio contraria, if the gestor had done the acts 
that he did, with the clear intention of doing an act 
of Liberalitas or Pietas. The edict allowed a man 
to recover the expenses that he had been put to 
about another man's interment, though he had no 
direct authority for looking after it. The reason 
of the rule was, that persons might not be prevented 
from attending to so necessary a matter as the in- 
terment of a corpse, if there was no person present 
to whom the duty belonged. (Dig. 11. tit. 7. 
De Relig. et Sumptibus funerum.) 

It was a much disputed question what was the 
effect of Ratihabitio on the negotiorum gestio, 
whether it was thereby turned into a Mandatum. 
(See Vangerow, Pandekten, &c, iii. p. 483.) The 
dominus was not bound by the negotiorum gestio, 
except when the acts done were such as were ne- 
cessary to prevent some imminent loss or damage to 
his property, as already observed. But he might, 
if he pleased, confirm the negotium, though it was 
male gestum. 

(Inst. 3. tit. 27. s. 3, &c. ; Dig. 44. tit. 7. s. 5 ; 
Dig. 3. tit. 5. De Negotiis Gestis ; Cod. 2. tit. 19 ; 
Vangerow, Pandekten, &c. iii. p. 479.) [G. L.] 

NEGOTIATO'RES, signified specially during 
the later times of the republic Roman citizens 
settled in the provinces, who lent money upon in- 
terest or bought up corn on speculation, which 
they sent to Rome as well as to other places. 
Their chief business however was lending money 
upon interest, and hence we find the words negotia, 
negotiatio, and negotiari used in this sense. The 
negotiatores are distinguished from the publicani 
(Cic. ad Att. ii. 16, " malo negotiatoribus satisfacere, 
quam publicanis comp. Cic. Verr. ii. 3, pro 
Flacc. 1 6, pro Leg. Manil. 7), and from the mer- 
catores (Cic. pro Plane. 26, "negotiatoribus comis, 
mercatoribus justus '*). That the word negotiatores 
was, during the later times of the republic, always 
used in the signification above given is amply 
proved by Ernesti in the treatise quoted below, 
and is also sufficiently clear from the following 
passages (Cic. pro Flacc. 29, Verr. iii. 60, ad Q. 
Fr. i. 1, pro Flacc. 36 ; Hirt. B. Afr. 36). Hence 
the negotiatores in the provinces corresponded to 
the argentarii and feneratores at Rome ; and ac- 
cordingly we find Cicero giving the name of 
feneratores to certain persons at Rome, and after- 
wards calling the very same persons negotiatores 
when they are in the provinces (Cic. ad Att. y. 21, 
vi. 1 — 3). Compare Ernesti, De Negotiatoribus in 
his Opuseula Philologica. 

NEMEA (vtjxta, vefiela or ve/xciia), one of the 
four great national festivals of the Greeks. It was 
held at Nemea, a place near Cleonae in Argolis. 
The various legends respecting its origin are re- 
lated in the argumenta of the Scholiasts to the 
Nemea of Pindar, with which may be compared 
Pausanias (ii. 15. § 2, &c), and Apollodorus (iii. 
6. § 4). All these legends, however, agree in 
stating that the Nemea were originally instituted 
by the Seven against Thebes in commemoration 
of the death of Opheltes, afterwards called Arche- 
morus. When the Seven arrived at Nemea, and 
were very thirsty, they met Hypsipile, who was 
carrying Opheltes, the child of the priest of Zeus 



NEMEA. 



NEXUM. 



795 



and of Eurydice. While she showed to the he- 
roes the way to the nearest well, she left the child 
hehind lying in a meadow, which during her ab- 
sence was killed by a dragon. When the Seven on 
their return saw the accident, they slew the dragon 
and instituted funeral games (aywv iirtrcupios) to 
be held every third year (TpiernpiKos). Other 
legends attribute the institution of the Nemean 
games to Heracles, after he had slain the Nemean 
lion ; but the more genuine tradition was that he 
had either revived the ancient games, or at least 
introduced the alteration by which they were from 
this time celebrated in honour of Zeus. That Zeus 
was the god in honour of whom the games were 
afterwards celebrated is stated by Pindar (Aem. 
iii. 114, &c). The games were at first of a war- 
like character, and only warriors and their sons 
were allowed to take part in them ; subsequently, 
however, they were thrown open to all the Greeks 
(SriiwriKhy irArjflos avvihpa^). The games took 
place in a grove between Cleonae and Phlius. 
(Strabo, viiL p. 377.) The various games, ac- 
cording to the enumeration of Apollodorus (/. c), 
were horse-racing, running in armour in the stadium 
(Paus. ii. 15. § 2), wrestling, chariot-racing and 
discus, boxing, throwing the spear and shooting 
with the bow, to which we may add musical con- 
tests. (Paus. viiL 50. §3;"Plut. Philop. 11.) 
The Scholiasts on Pindar describe the agon very 
imperfectly as iViriicb* and yvnviK6s. The prize 
given to the victors was at first a chaplet of olive- 
branches, but afterwards a chaplet of green 
parsley. When this alteration was introduced is 
not certain, though it may be inferred from an ex- 
pression of Pindar (A r em. vi. 71), who calls the 
parsley (aihivov) the fiordva \t6yros, that the 
new prize was believed to have been introduced 
by Heracles. The presidency at these games and 
the management of them belonged at different 
times to Cleonae, Corinth, and Argos, and from 
the first of these places they are sometimes called 
ayuy KAtueaior. The judges who awarded the 
prizes were dressed in black robes, and an in- 
stance of their justice, when the Arrives presided, 
is recorded by Pausanias (tin. -10. jj 3). 

Respecting the season of the year at which the 
Nemean games were celebrated, the Scholiast on 
Pindar (Argum. ad Nem.) merely states that they 
were held on the 12th of the month of Panemus, 
though in another passage he makes a statement 
which upsets this assertion. Pausanias (ii. 15. § 2) 
speaks of winter Nemea, and manifestly distin- 
guishes them from others which were held in 
summer. It seems that for a time the celebration 
of the Nemea was neglected, and that they were 
revived in 01. 53. 2, from which time Eusebius 
dates the first Ncmcad. Henceforth it is certain that 
they were for a long time celebrated regularly twice 
in every Olympiad, viz. at the commencement of 
every second Olympic year in the winter, and soon 
after the commencement of every fourth Olympic 
year in the summer. This has been shown by 
Uik-kh in an essay uirr die Zeilrerlialtniw der 
hrmnnih. Hnle get/en Midiai, in the transactions 
of the Berlin Acad. 181 It, IK 19. Hittor. PhiloL 
Klunte, p. 92, dc. ; compare Ideler, llandb. der 
ChronoL ii. p. 60G, &c. About the time of the 
battle of Marathon it beranie customary in Ar^.lii 
to reckon according to Nemeads. 

In 2uH n. <:. Philip of Macedonia was honoured 
by the Argivcs with the presidency at the Nemean 



games (Liv. xxvii. 30, &c. ; Polyb. x. 26), and 
Quintius Flamininus proclaimed at the Nemea the 
freedom of the Argives. (Liv. xxxiv. 41 ; Polyb. 
x. 26.) The emperor Hadrian restored the horse- 
racing of boys at the Nemea, which had fallen into 
disuse. But after his time they do not seem to 
have been much longer celebrated, as they are no 
longer mentioned by any of the writers of the 
subsequent period. (See Villoison, Histoire de 
I' Acad, des Inscript, et Bell. Lett. vol. xxxviii. 
p. 29, Slc. ; Schbmann, P/uterc/ii Agis etCleomenes, 
&c§i.) [L.S.] 

NE'NIA. [Fuxus, p. 559, a.] 

NEO'CORI (veaiKopoi), signified originally 
temple-sweepers (Hesych. and Suid. s. v.), but 
was applied even in early times to priestly officers 
of high rank, who had the supreme superintend- 
ence of temples and their treasures. (Plat. vi. p. 
759 ; Xcn. Anab. v. 3. § 6.) Under the Roman 
emperors the word was especially applied to those 
cities in Asia, which erected temples to the Roman 
emperors, since the whole city in every such case 
was regarded as the euardian of the worship of the 
emperor. Accordingly we frequently find on the 
coins of Ephesus, Smyrna, and other cities, the 
epithet Nfaj/cdpos, which also occurs on the in- 
scriptions of these cities. None of these cities, how- 
ever, was allowed to assume this honour without 
obtaining the permission of the Roman senate, as 
we learn from inscriptions. (Comp. also Tac. Ann. 
iv. 55, 56.) For further information on this sub- 
ject, see Krause, NEflKOPOS, Civitates Neocorae 
sice Aedituae, Lips. 1844. [Aeditul] 

NEODAMO'DEIS(>'€o5oM<i5eij). [Helotes, 
P . :>'.>■>.] 

NEPTUXA'LIA, a festival of Neptune, cele- 
brated at Rome, of which very little is known. 
(Varro, de Ling. Lat. vi. 19.) The day on which 
it was held, was probably the 23d of July. In 
the ancient calendaria this day is marked as Nept. 
ludi et feriae, or Ne]d. ludi, from which we see 
that the festival was celebrated with games. Re- 
specting the ceremonies of this festival nothing is 
known, except that the people used to build huts 
of branches and foliage(um6rue, Fest.s.r. Umbrae), 
in which they probably feasted, drank, and amused 
themselves. (Horat. farm. iii. 28. 1, Ate. ; Tertull. 
DeSpect.6.) [L.S.] 

NERO'NIA. [Quinqcennama.] 

NEXI. [Ne.xum.] 

NEXUM is defined by Manilius to be " omne 
quod per libram et aes geritur, in quo sint Man- 
cipia." Mucius Scaevola has a different definition : 
" quae per aes et libram fiantut obligentur, praetcr 
quae mancipio dentur." Vnrro (de Ling. Lat. vii. 
105, ed. Muller) who has preserved both these de- 
finitions, prefers the latter, as being consistent with 
the etymology of the word: " quod obligator per 
libram, nequc suum sit, inde Nexum dictum." As 
an illustration he adds : ** Liber qui suas operas 
in scrvitutem pro pecunin quadam debebat, dum 
solveret, nexus vocatur, ut nb acre oliaeratus." 
The difference in these definitions arises solely 
from the different aspect under which the Nexum 
is viewed. Every Nexum was in the form of a 
nab', and consequently, viewed as to its formal 
pari, Nexum comprehended Mancipium. The Tes- 
tamcnti fnctin wax also included under Nexum. 
Viewed tut to its object and legal effect, Nexum 
was either the transfer of the ownership of n thing, 
or the transfer of a thing to a creditor as a secu- 



796 



NEXUM. 



NEXUM. 



rity : accordingly in one sense Nexum included 
Mancipium, as explained in Mancipium ; in an- 
other sense, Mancipium and Nexum are opposed 
in the same way in which Sale and Mortgage or 
Pledge are opposed. The formal part of both 
transactions consisted in a transfer per aes et 
libram. This explanation is consistent with the 
definitions of the jurists, and the uses of these two 
words. 

The person who became Nexus by the effect of 
a Nexum or Nexus (for this form of the word also 
is used) was said Nexum inire. (Liv. vii. 19.) 
The phrases Nexi datio, Nexi liberatio respectively 
express the contracting and the release from the 
obligation. 

The Roman law as to the payment of borrowed 
money (pecimia certa credita ; see Lex Gall. Cisalp. 
21, 22) was very strict. A curious passage of 
Gellius (xx. 1 ) gives us the ancient mode of legal 
procedure in the case of debt, as fixed by the 
Twelve Tables. If the debtor admitted the debt, 
or had been condemned in the amount of the debt 
by a judex, he had thirty days allowed him for 
payment. At the expiration of this time, he was 
liable to the Manus Injectio [Manus Injectio], 
and ultimately to be assigned over to the creditor 
(addictus) by the sentence of the praetor. The 
creditor was required to keep him for sixty days 
in chains, during which time he publicly exposed 
the debtor on three nundinae, and proclaimed the 
amount of his debt. If no person released the 
prisoner by paying the debt, the creditor might 
sell him as a slave or put him to death. If there 
were several creditors, the letter of the law al- 
lowed them to cut the debtor in pieces, and to take 
their share of his body in proportion to their debt. 
Gellius says that there was no instance of a credi- 
tor ever having adopted this extreme mode of satis- 
fying his debt. But the creditor might treat the 
debtor, who was addictus, as a slave, and compel 
him to work out his debt ; and the treatment was 
often very severe. 

In this passage Gellius does not speak of Nexi, 
but only of Addicti ; which is sometimes alleged 
as evidence of the identity of nexus and addictus, 
but it proves no such identity. If a Nexus is what 
he is here supposed to be, the Law of the Twelve 
Tables could not apply ; for when a man had once 
become Nexus with respect to one creditor, he could 
not become Nexus to another ; and if he became 
Nexus to several at once, in this case the creditors 
must abide by their contract in taking a joint se- 
curity. This Law of the Twelve Tables only applied 
to the case of a debtor being assigned over by a 
judicial sentence to several debtors, and it provided 
for the settlement of their conflicting claims. The 
distinction between a nexum and a res judicata 
is obvious enough, though some writers have 
missed it. 

The precise condition of a Nexus has however 
been a subject of much discussion among scholars, 
and it is not easy to reconcile all the passages in 
which the term occurs so as to deduce from them 
a consistent view of the matter. Sometimes indeed 
Nexus appears to be used in the same sense as 
Addictus, which cannot cause any difficulty if we 
consider that the effect of being Nexus and Ad- 
dictus was the same, a3 will presently be made 
probable. 

As a Nexum was effected per aes et libram, it 
was in the form of a sale, and of course there was 



an object of sale ; and this object of sale might be a 
thing or a person. We need not assume that " per 
aes et libram se obligare," and for a man to make 
himself Nexus are the same. In the case of Nexum 
aes, it is more consistent to consider the aes as the 
object of the obligatio per aes et libram, and in the 
case when a man made himself Nexus to consider 
the man as the object. It does not follow then 
that an obligatio per aes et libram always made a 
man Nexus ; but there is no difficulty in as- 
suming that a man only became Nexus with refer- 
ence to an obligatio per aes et libram, so that a 
man could contract an obligatio per aes et libram, 
and at the same time could make himself Nexus. A 
free man could not properly be the object of a sale, 
but it requires only a slight acquaintance with Ro- 
man law to perceive that this difficulty could be 
got over by a fiction. As in the case of Manu- 
mission Per Vindictam there was a fiction that the 
slave was free ; so there might here be a fiction 
that the freeman was a slave. And if this is not 
admitted as a probable solution, it cannot be denied 
that there is as much difficulty in understanding 
the co-emtio of a female, who was sui juris, which 
as a legal fact is quite certain, as the formal sale of 
a freeman with his consent. The notion of a free- 
man giving himself into the power of another, so 
far from being foreign to the notions of Roman 
law, as some writers have asserted, is perfectly 
consistent with them, as we see in the instance of 
adrogation. The Nexum then being in the form 
of a sale, the Nexus was in a servile condition 
as a necessary consequence of the Nexum, and the 
opinion that there must be an addictio to give 
effect to the Nexum, is inconsistent with the no- 
tion of the Nexum. According to this view, a 
Nexus, as soon as the contract of Nexum was 
made, was in the condition of an Addictus, and 
both were treated as slaves. But it has been 
urged, that "one cannot discover any reason for 
this self-pledging (nexum), since every insolvent, 
even when there was no nexum, must become his 
creditor's slave (addictus), and how can we under- 
stand that the abolition of the nexum was such an 
advantage gained by the Plebeians (Liv. viii. 28 ), 
if the addictio still remained, which might be ob- 
tained when there was no nexum ; and it cannot 
be denied that it did remain ? " The advantage 
consists precisely in the difference between a con- 
tract which cannot be enforced against a person 
without the forms of legal proceeding, and a con- 
tract which at once gives a man a power over 
his debtor without any application to a court of 
justice. The effect of the abolition of the Nexum, 
m this its special sense, while the Addictio still 
existed, may be illustrated by the supposed lease of 
a landlord's remedy for the recovery of his rent by 
distress being abolished, while his other remedies 
under the contract for letting and hiring remained. 

It is remarked by Goettling (Geschichte der 
Rom. Staatsverfassung) that " the comparison of 
the Adrogatio and the Adoptio gives the clearest 
proof of the correctness of Savigny's view, who re- 
jects the notion of a freeman pledging himself. In 
the case of the Adrogatio of a Roman, who is sui 
juris, there was no mancipatio which such person 
could effect as to himself : but in the case of adop- 
tion, a mancipatio occurs, and it is effected by the 
living father and the son together. In the case of 
coemtio it certainly appears, as if the woman of 
herself effected a self-mancipation ; she, however, 



NEXUM. 

is not herself aucior, but her guardian is auctor." 
There may be some weight in this observation, the 
point of which appears to be this : there was man- 
cipatio in the case of adoption, where the adopted 
person was in the power of another, but no man- 
cipatio in the case of Adrogation, where the 
adopted person was not in the power of another. 
The tacit conclusion then seems to be, that if 
in one case there was no mancipatio and yet a 
person was brought into the power of another 
with his own consent, there could be no mancipa- 
tio when a person consented to put himself into a 
servile relation to another ; for it is here assumed 
that a nexum was voluntary. But this is not a 
legitimate conclusion. It is easy to see that man- 
cipatio in the case of adoption, where the son was 
in the power of the father, was a sufficient form, 
considering that the person adopted was only a 
filius familias ; and that Adrogation, which was 
of a person who was sui juris, was a very different 
matter, and required other forms to be observed, 
because the person adrogated was not a filius- 
familias. [Adoption.] A nexum effected no 
change of familia like an adoption or adrogation, 
and while its object was different from that of both 
of these ceremonies, it is quite consistent for its 
form to have been the same as the form of the one, 
and different from the form of the other. 

The mode in which Goettling (p. 123) explains 
this matter of the nexum is as follows : " A free 
citizen can come into a mancipii causa when he 
cannot pav a loan (net confessnm) out of his own 
meant. What in such case he has to give security 
for, that to which he has bound himself, is called 
nexum (namely aes) ; hence the phrases ncxi datio, 
nexi liberatio. The person who docs such an act 
is called nexum (from nexus nexus) inuns, nexum 
faciens, but after he has received the loan in the 
above solemn manner, he is nexu obligatus, nexu 
vinctus : as soon as he has failed to fulfil his obli- 
gatiuii, and in conseqncncc of such failure has been 
addicted (addictus), and given in mancipium by 
the magistrate, he is called nexus (adjective), qui se 
nexum dedit" — a more confused account of the 
thing, or one more remote from legal precision, can- 
not be imagined. The passage of Livy (ii. 27) is 
not easy to explain. (Compare Liv. ii. 23.) 

The Lex Poctelia (u. c. 326) alleviated the con- 
ditio! of the ncxi. So far as we can understand 
its provisions, it set all the nexi free or made them 
soluti ( Liv. viii. 28, nexi toluti), and it enacted that 
for th" future there should be no nexum (cautumr/ue 
in jnfterum ne nccterentur), and that no debtor 
should for the future be put in chains. Addictio 
however still continued in force after the Lex 
Poctelia, as we see in several instances. (Liv. 
xxiii. U; Sail. Cat. 33; Cic. pro Flacco, 20.) 
It appears from the Lex Galliac Cisalpinae (c. 2I, 
22), that in the case of other actions there was 
only a Posscssio Bonomm, but in the case of pe- 
ciinia ccrta credita there was personal execution. 
The enactment of the Lex Julia which introduced 
the IJonoruni Cessio, and gradual changes in so- 
ciety, must have diminished the frequency of the 
Addictio. [Bonorum Ckmmio.] In the system 
of Justinian, Nexum did not exist, for the use of 
aes et libra in legal transactions had ceased. 

Neither the Addictus n»r the Nexus was a slave, 
ami his ingenuitas was only in suspense. As to 
the Nexum, it must have been necessary that the 
cf' l of the legal act by which the ingrnuus was 



NEXUM*. 797 
made a nexus should be done away with by another 
legal act ; and this seems to be the Nexi liberatio 
which was done per aes et libram. It also ap- 
pears from a passage in Livy (vi. ] 4 X that a 
certain person, who was judicatus pecuniae, and is 
not described as nexus, was released from his 
obligation per aes et libram. In the time of Gaius 
an imaginary form of payment per aes et libram 
was retained in cases where the obligation was 
contracted either per aes et libram or was due ex 
judicati causa. (Gaius, iii. 173 — 175.) There 
seems indeed no reason why this ceremony should 
have been used in the case of an addictus who 
wished to be restored to his former state, for the 
Addictio was by implication only to have an effect 
till the debt was paid. It might be contended that 
such was the effect of the Nexum also, but we 
must distinguish between the effect of a sentence 
of the Praetor and a solemn act like that of the 
Nexum, which was in form a transfer of owner- 
ship. The addictus was protected against injuria 
from his master (Gaius. i. 141), and it is said that 
he retained his name and tribe ; but it is somewhat 
difficult to understand how he retained his tribe, 
since he had sustained Infamia. Upon the dis- 
charge of his obligations the addictus, it seems, 
returned to his former status. 

It was Niebuhr's opinion that the Nexum, when 
it became a form of giving security, had not its 
complete effect until the debtor was unable to pay 
and was brought into the condition of a debtor- 
slave by the addictio. An answer to this has 
been already given. If it required an addictio to 
make a person nexus, what was the use of a Nexum 
when a man might become addictus, even when 
there was no Nexum ? The only intelligible so- 
lution of all these difficulties is that a Nexum, in 
which there was a mancipatio pcrsonae, had an 
immediate effect. 

It seems to be a legal consequence of a Nexum 
and an Addictio that the children, if they were in 
the power of the parent, must follow his condition, 
as in the case of adrogation. 

In the case mentioned in Livy (viii. 28), 
where the son is said to have been nexus for 
his father's debt (cum se nexum dedisset), it may 
be that the father bound his son only, which he 
could certainly do just in the same way as he 
could mancipatc him. If the son was not in his 
father's power, he could still bind himself on be- 
half of his father. The expression in Livy does 
not enable us to determine which of the two 
possible cases was the real case, but it seems pro- 
bable that the son was in the power of the father. 
Untcrholzner observes (faJire dei Horn. Hechts von 
Urn Srhulilri rlidltui.isrn, i. p. 31. noteg); u The 
legal condition of the nexi is one of the most ob- 
scure points in the old Unman law. It is here as- 
sumed that a man by the pcrsonae mancipatio came 
into this condition. Persons who were in the 
Patria Potcstas could for the noxoc causa, which 
was long maintained in practice, and also on ac- 
count of the debts of him who had the Potcstas, 
consequently in a sense after the nature of a pawn, 
and by virtue of the so-called palcninl power of 
sale, lie mancipatcd. Further, we must assume 
that persons who were sui juris could also manci- 
patc themselves by way of pawn, though no evi- 
dence of that ha* been preserved. This is mnde 
the less incredible, since we cannot doubt, that 
women who were sui juris could make a cocnitio, 



798 



NEXUM. 



NOBILES. 



and consequently could mancipate themselves either 
matrimonii causa or fiduciae causa, whereby how- 
ever they did not, like the nexi, come into a con- 
dition similar to that of slaves, but only into a 
state of dependence similar to that of a child. 
The nexi were, as a matter of course, in mancipio, 
and consequently alieni juris, but for that very 
reason greatly different from the addicti. How- 
ever, they could, like them, be put in chains, until 
the power of putting debtors in chains was al- 
together abolished." 

The meaning of the provision in the Twelve 
Tables, cited by Gellius, as to cutting the debtor 
in pieces has been a subject of much discussion. 
Taylor in his essay (Comment, ad L. Decemviralem 
de Inope Debitore in partis dissecando) attempts to 
prove that Gellius misunderstood the old law, and 
that the words of the Twelve Tables " partis 
secanto : si plus minusve secuerint se fraude esto," 
mean that the several creditors are intitled to have 
the " partis," that is, the " operae " of the addictus 
divided or distributed among them ; and he goes on 
to explain the rest of the law in these terms : 
" Communis sit servus eorum, qui quidem ad- 
fuerint ; et sine fraude esto, si ceteri toties proci- 
tati suas quoque partis in Debitore non vindica- 
verint." But the arguments of Taylor are by no 
means satisfactory. The conjecture that the 
" partis " are the shares of the creditors arising 
from the sale of the debtor, is also unsupported by 
any proof. This monstrous enactment, if we take 
it literally, shocks all our notions of humanity, but 
it has been well observed that it is by no means 
inconsistent with the spirit of the old Roman law ; 
and the fact of an actual division of a debtor's body 
not being on record, is no proof against, and hardly 
furnishes a presumption against the existence of 
such a law. The Romans had no prisons for 
debtors. The creditor was the debtor's jailer, and 
we know that in the oldest time he was often a 
cruel keeper. When there were several creditors 
who claimed the body of a debtor, he might be 
kept by any one for the benefit of himself and the 
rest till the sixty days were over ; but after that 
time, if the creditors could not agree among them- 
selves, there was no possible mode of settling their 
conflicting claims than that which the law of the 
Decemviri gave them, and which they might adopt 
if they chose. Such a law could never be carried 
into effect in any country, as the legislators must 
have well known, and thus while its terms fully 
satisfied the claims of the creditors, in practice it 
may have turned out really favourable to the debtor. 
(See the remarks of Gellius on this part of the 
law, xx. 1.) But the solution of the difficulty is 
quite a different matter from the fact of its ex- 
istence, which is in no way to be questioned be- 
cause we cannot explain it. 

The various authorities on the subject of the 
Nexum and Addictio are referred to by Rein, Das 
Bom. PrivatrecU, p. 313, &c. The writer of this 
article has not had the advantage of seeing the 
essay of Savigny, Ueher das attromische Schuldrecht, 
Berlin, 1834. The whole subject is still en- 
cumbered with difficulty, as will appear from a 
reference to the various writers on this subject. 
The note of Walter (Geschichte des Rom. Rechts, 
p. 642. n. 6) appears to contain the true statement 
as to the difference between the effect of a Nexum 
and a Res Judicata ; but he rejects the notion of a 
man selling or pledging himself. [G. L.] 



NO'BILES, NOBI'LITAS. In the early 
periods of the Roman state the Patricians were the 
Nobles as opposed to the Plebs. The Patricians 
possessed the chief political power and the distinc- 
tion which power gives. Livius, who wrote in 
the age of Augustus, and is not very careful in the 
use of terms, often designates the Patricians by 
the term Nobilis (vi. 42) ; and yet Nobilis, in its 
proper historic sense, has a different meaning. 

In b. c. 366, the plebeians obtained the right of 
being eligible to the consulship, and finally they 
obtained access to all the curule magistracies. 
Thus the two classes were put on the same footing 
as to political capacity. Those plebeians who had 
obtained a curule magistracy were thus elevated 
above their own body, and the personal distinction 
of a father would confer distinction on his descend- 
ants. It is in the nature of aristocratical institu- 
tions to perish if they are exclusive ; but they 
perpetuate themselves by giving a plebeian class 
the power of entering within their narrow limits. 
Those who are received within the body of nobles 
are pleased at being separated from their former 
companions, and are at least as exclusive in their 
notions as the original members of the class which 
they have joined. 

This was the history of Nobilitas at Rome. The 
descendants of plebeians who had filled curule 
magistracies formed a class called Nobiles or men 
" known," who were so called by way of distinction 
from " Ignobiles " or people who were not known. 
The Nobiles had no legal privileges as such ; but 
they were bound together by a common distinction 
derived from a legal title and by a common interest ; 
and their common interest was to endeavour to 
confine the election to all the high magistracies to 
the members of their body, to the Nobilitas. Thus 
the descendants of those Plebeians who had won 
their way to distinction combined to exclude other 
Plebeians from the distinction which their own 
ancestors had transmitted to them. 

The external distinction of the Nobiles was the 
Jus Imaginum, a right or privilege which was ap- 
parently established on usage only, and not on any 
positive enactments. These Imagines were figures 
with painted masks of wax, made to resemble 
the person whom they represented (Plin. H. N. 
xxxv. 2. expressi cera vultus) • and they were 
placed in the Atrium of the house, apparently in 
small wooden receptacles or cases somewhat in the 
form of temples (£v\ti>a vaiSia, Polyb. vi. 53). 
The Imagines were accompanied with the tituli 
or names of distinction which the deceased had 
acquired ; and the tituli were connected in some 
way by lines or branches so as to exhibit the 
pedigree (stemma) of the family. (Compare the 
passages quoted in Becker, p. 222, note S3.) These 
Imagines were generally enclosed in their cases, 
but they were opened on festival days and other 
great ceremonials, and crowned with bay (lau- 
reatae) : they also formed part of a solemn funeral 
procession. The most complete account of these 
Imagines is in the passage of Polybius, which has 
been already referred to ; but there is frequent 
mention of them in the Roman writers. 

These were the external marks or signs of a 
Nobilis Familia ; a kind of heraldic distinction in 
substance. The origin of this use of Imagines 
from which the notion of a Roman Nobilitas must 
not be separated, is uncertain. The term Nobilitas, 
as already observed, is applied by Livius to a 



NOBILES. 



NOBILES. 



799 



period of Roman history before the consulship was 
opened to the Plebeians ; and it is possible that 
the Patricians may have had the use of Imagines, 
which those Plebeians afterwards adopted, when 
the curule magistracies were opened to them. The 
Patricians carried back their pedigrees (stera- 
mata) to the remotest historical period and even 
beyond it (Tacit. Ann. iv. 9.) It seems probable 
that the Roman Nobilitas, in the strict sense of 
that term, and the Jus Imaginum, originated with 
the admission of the Plebeians to the consulship 
B.C. 366. The practice of having Imagines, as 
alieady observed, may have existed and probably 
did exist before the notion of the Jus Imaginum 
was established. Indeed, as the object of the 
Patricians, who were all of equal rank so far as 
respected their class, would be to attach to them- 
selves such Plebeians as were elected to Curule 
magistracies, it seems conformable to the nature of 
the thing that the family of such plebeians should 
be allowed or invited to adopt some existing dis- 
tinction which should separate them from the body 
to which they properly belonged. Usage would 
soon give to such a practice the notion of legality ; 
and thus the Jus Imaginum would be established, 
as many Roman institutions were, by some general 
conviction of utility or upon some prevailing notion, 
and it would be perpetuated by custom. 

A plebeian who first attained a Curule office 
was the founder of his family's Nobilitas (princeps 
nobilitatis ; auctor generis). Such a person could 
have no imagines of his ancestors ; and he could 
have none of his own, for such imagines of a man 
were not made till after he was dead. (Polvb. vi. 
53.) Such a person then was not nobilis in the 
full sense of the term, nor yet was he ignobilis. 
He was called by the Romans a " novus homo " 
or a new man ; and his status or condition was 
called Novitas. (Sail. Jug. 85 ; the speech which 
is put in the mouth of C. Marius.) The term 
novus homo was never applied to a Patrician. 
The first novus homo of Rome was the first 
Plebeian Consul, L. Scxtius ; and the two most 
distinguished 14 novi homines " were C. Marius and 
and M. Tullius Cicero, both natives of an Italian 
municipium. 

The Patricians would of course be jealous of 
the new nobility ; but this new nobility once 
formed would easily unite with the old aristocracy 
of Home to keep the political power in their hands, 
and to prevent more novi homines from polluting 
this exclusive class. (Sail. Jug. 63.) As early as 
the second Punic war this new class, compounded 
of Patricians or original aristocrats, and Nobiles 
or newly-engrafted aristocrats, was able to exclude 
novi homines from the consulship. (Li v. xxii. 34.) 
They maintained this power to the end of the 
republican period, and the consulship continued 
almost in the exclusive possession of the Nobilitas. 
The testimony of Cicero, himself a novus homo, on 
this point is full nnd distinct 

The mode in which the Nobilitas continued to 
keep possession of the great offices in the state, is 
neither difficult to conjecture, nor to establish by 
evidence ; but the inquiry does not belong to this 
place. 

As to the persons who would be included in the 
stemma of a noble family, it appears that nil the 
lucendants of a man up to the ancestor who first 
attained a cunilc office would be comprehended, 
and of course all the intermediate ancestors who 



had attained a like distinction. The kinsfolks on 
the mother's side were also included, so that a 
stemma would contain both Agnati and CognatL 
Adoption would also increase the number of per- 
sons who would be comprised within a stemma ; 
and if Affines were occasionally included, as they 
appear to have been, the stemma would become an 
enormous pedigree. 

The word Optimates, as explained by Cicero 
(pro Sest. 45) is opposed to Populares : he de- 
scribes the Optimates to be all those " qui neque 
nocentes sunt nec natura improbi nec furiosi nec 
malis domesticis impediti." This is no political 
definition : it is nothing more than such a name as 
Conservative or any other like name. The use of 
it in Livius (iii. 39) shows how he understood it ; 
but Livius is blameable for using the term with 
reference to those early times. Velleius (ii. 3) 
describes the Optimates, as the Senatus, the better 
and larger part of the equestris ordo, and such part 
of the Plebs as were unaffected by pernicious coun- 
sels : all these joined in the attack on Gracchus. 
This opens our eyes to the real meaning of Opti- 
mates : they were the Nobilitas and the chief part 
of the Equitcs, a rich middle class, and also all 
others whose support the Nobilitas and Equites 
could command, in fact all who were opposed to 
change that might affect the power of the Nobilitas 
and the interests of those whom the Nobilitas 
allied with themselves. Optimates in this sense 
are opposed to Plebs, to the mass of the people ; 
and Optimates is a wider term than Nobilitas, 
inasmuch as it would comprehend the Nobilitas 
and all who adhered to them. 

The term Populares is vague. It could be used 
to signify the opponents of the Nobilitas, whether 
the motives of these opponents were pure and 
honest, or whether the motives were self-aggran- 
dizement through popular favour. Of Caesar, who 
sought to gain the popular favour, it was truly 
said, that it was not so much what he gave to the 
people which made him formidable, as what he 
would expect to get from them in return. A 
Popularis might be of the class of the Nobilitas, 
and very often was. He might even be a Patrician 
like Caesar: his object might be cither to humble 
the nobles, or to promote the interest of the people, 
or to promote his own ; or he might have all the 
objects, as Caesar had. 

The Nobilitiis is discussed by flecker, lland- 
budi der Iiomischen AUtrtAiimer, ii. lste Abth. ; and 
there is probably little to add to what he has said, 
and little to correct in it. There arc also some re- 
marks on the Roman Nobiles in Zachariae, Sulla 
(i. 5). He observes of Sulla that though his family 
was Patrician, he could hardly be considered as 
belonging to the Nobiles in the strict sense, as the 
term Nobilitas implied that some one of a man's 
ancestors had filled a curule magistracy, and it 
also implied the possession of wealth. Hut this 
is a confused view of the matter. Sulla's an- 
cestors had filled curule magistracies ; and though 
his family was poor, it was still Nobilis. A 
Nobilis, though poor, as Sulla wns, was still No- 
bilis. Want of wealth might deprive a man of 
influence, but not of the Jus Imaginum. If there 
was any Patrician whose ancestors hnd never filled 
n cunilc magistracy, he would not be Nobilis in 
the strict sense, lint when the Nobilitas had been 
formed into a powerful body, which wns long be- 
fore the reforms of the Gracchi, the distinction of 



800 



NOMEN. 



NOMEN. 



Patrician was of secondary importance. It would 
seem unlikely that there was any patrician gens 
existing in the year B. c. 133, or, indeed, long 
before that time, the families of which had not 
enjoyed the highest honours of the state many 
times. The exceptions, if any, would be few. 

In reading the Greek writers on Roman history, 
it is useful to attend to the meaning of the political 
terms which they use. The Swaroi of Plutarch 
(Tib. Gracch. 13, 20), and the irXovffwi, are the 
Nobilitas and their partisans ; or as Cicero, after 
he was made consul, would call them the Opti- 
mates. In such passages as Dion Cassius (xxxviii. 
2), the meaning of Swaroi may be collected from 
the context. [G. L.] 

NODUS, in a special sense, was applied to the 
following parts of dress : — I. The knot used in 
tying on the scarf [Chlamys] or other article con- 
stituting the Amictus. This was often effected 
by the aid of a brooch [Fibula], a ring, or some 
jewel (Virg. Aen. i. 320, vi. 301, xi. 776 ; Claud. 
de Rapt. Pros. ii. 40) ; but frequently in the 
method shown in the woodcut of Diana at p. 27b". 
II. The knot of hair (K6pv[t§os, Kpai§vhos), either 
at. the top or at the back of the head adopted by 
both sexes in fastening their long hair, which was 
turned upwards or backwards for the purpose 
(crine rursus adducto revocare nodo, Seneca, Oedip. 
ii. ; Virg.^em. iv. 138 ; Hor. Epod. xi. 28). Ex- 
amples may be seen in the woodcuts at pp. 329, 
597. III. The knot of leather worn by boys of 
the poorer classes at Rome instead of the golden 
Bulla. [J. Y.] 

NOMEN (uvofia), name. 1. Greek. The 
Greeks,'as is well known, bore only one name (Paus. 
vii. 7. § 4), and it was one of the especial rights of 
a father to choose the names for his children, and 
to alter them if he pleased. (Demosth. c. Boeot. i. 
p. 1002, 1006, c. Macart. p. 1075, &c.) It was 
customary to give to the eldest son the name of 
the grandfather on his father's side. The history 
of Greece contains many instances of this custom, 
and Sositheus (ap. Demosth. c. Macart. I.e.) says, 
" I gave to my eldest son, as is just (fitnrep Kal 
b"iKai6v ecrri), the name of my father." (Compare 
Eustath. ad Jl. v. 546.) What custom was generally- 
followed in regard to the other children may be 
inferred from the same passage, for Sositheus goes 
on to say, that he called his second son after the 
name of his wife's father, the third after a relation 
of his wife, and the fourth son after his own 
grandfather on his mother's side. Mothers seem 
also sometimes to have assumed the right of giving 
the names to their children (Eurip. Phoen. 58), 
and it may be that, as in the case described by 
Aristophanes (Nub. 60, &c). sometimes a quarrel 
arose between the parents, if they could not agree 
upon the name to be given to a child. A boy also 
sometimes received the name of his father, as in 
the cases of Demosthenes and Demades, or one 
similar to that of his father. Nausinicus thus 
called his son Nausiphilus, and Callicrates called 
his son Callistratus. (Bb'ckh, ad Pind. Pyth. iv. 
p. 265.) A similar method was sometimes adopted 
in the names of several brothers ; thus two brothers 
in the speech of Lysias against Diagiton are called 
Diodotus and Diogiton. In some cases lastly, the 
name of a son was a patronymicon, formed from 
the name of the father, as Phocion, the son of 
Phocos. 

The day on which children received their names 



was the tenth after their birth. (Aristoph. Av. 
922, &c.) According to some accounts a child re- 
ceived its name as early as the seventh or even 
fifth day after its birth. [Amphidromia.] The 
tenth day, called SeKaTti, however, was a festive 
day, and friends and relations were invited to take 
part in a sacrifice and a repast, whence the ex- 
pressions Se/coTrje &veiv and b~zKarrjv kariav. If 
in a court of justice proofs could be adduced that 
a father had held the Se/carTj, it was sufficient 
evidence that he had recognised the child as his 
own. (Demosth. c. Boeot. i. p. 1001, c. Boeot. ii. 
p. 1017 ; Isaeus, de Pyrrh. Tiered, p. 60.) 

The fact that every Greek had only one name 
rendered it necessary to have an innumerable 
variety of names, and never has a nation shown 
more taste, ingenuity, and invention in devising 
them than the ancient Greeks. But however great 
the number of names might be, ambiguity and con- 
fusion could not be avoided ; and in reading the 
works of the Greeks we are not always certain 
whether the same name in different passages or 
writers belongs to one or to several persons. The 
Greeks themselves were aware of this, and where 
accuracy was of importance they used various 
means to prevent mistakes. Sometimes they added 
the name of the father in the genitive case, as 
A\/cigioS7)s b KAziviov, n\et(rTooco| b Ylavffaviov ; 
sometimes they added the name of the place or 
country in which a person was born, in the form of 
an adjective, as ®ovKvSi8ris b 'A.8t)vcl7os, 'HpbSoros 
' AKiKapvao-aebs, Xap/j.avTiST)s Ylaiavievs, AiKaiap- 
Xos b Mtaoiivios, &c. ; sometimes they added an 
epithet to the name, expressing either the occupa- 
tion or profession which a person followed, or in- 
dicating the school to which he belonged. Instances 
are of such frequent occurrence that it is superfluous 
to quote any. The custom of adding the father's 
name was called irarpSdev dvo/j.d(ea6at. (Paus. vii. 
7. § 4 ; Xenoph. Oeconom. 7. § 3.) 

In common life the Greeks had yet another 
means of avoiding ambiguity, and this was the 
frequent use of nicknames, expressive of mental or 
bodily peculiarities and defects. Thus Demos- 
thenes was from his childhood called BdraAos. 
(Aeschin. c. Timarch.^. 139, 142; Demosth. de 
Coron. p. 288.) Aristophanes (Av. 1291, &c.) 
mentions several names of birds which were used 
as nicknames ; other nicknames are preserved in 
Athenaeus (vi. p. 242). 

(Compare Becker, ChariMes, vol. i. p. 23, &c.) 

2. Roman. In the earliest history of Rome 
there occur persons who are designated by only 
one name, such as Romulus, Remus, and others, 
while there are many also who bear two names. 
The Romans of a later age were themselves un- 
certain as to the legitimate number of names borne 
by the earliest Romans ; and while Varro (ap. 
Vol. Max., Epitome de Nominum Ratione), Ap- 
pian (Rom. Hist. Praef. 13), and others, stated 
that the earliest Romans used only to have one. 
name, their opponents adduced a great many in- 
stances in which persons had two. This question 
will perhaps be placed in a more proper light, and 
become more satisfactorily settled, if We consider 
separately the three distinct elements of which 
the Roman nation was composed in its origin, and 
it will then be found that both Varro and his op- 
ponents are right or wrong according as their as- 
sertions are applied to one or to all of the three 
tribes. 



NOMEN. 



NOMEX. 



801 



The Sabines, from the earliest times down to 
the end of their existence, had two nanus (Val. 
Max de Nominum Ralione), one indicating the 
individual as such (praenomen), e.g. Albus, Volesus, 
Pompus (Val. Max. I.e.), Talus (Fest. s.v.), Caius, 
Titus, Quintus, Appius, &c, and the second the 
gens to which the individual belonged, which ter- 
minated like the Roman nomina gentilicia in ius or 
eius, e.g. Tatius, Pompilius, Claudius, &c. It is 
moreover a feature peculiar to the Sabincs that a 
person sometimes, instead of a praenomen and a 
nomen gentilicium, had two nomina gentilicia, one 
indicating the gens of his father and the other that 
of his mother. The latter sometimes preceded and 
sometimes followed the former. This custom is 
clear from Livy (xxxix. 13, 17), who mentions a 
Campanian (Sabine) woman, Paculla Minia, who 
was married to a man who bore the name of Cer- 
rinius from his gens, and one of the sons of these 
parents was called Minius Cerrinius. Another 
instance is the name of the Sabine augur Attius 
Nanus, where, according to Dionysiua (iii. p. 70), 
Attius is the uvoua ovyyfvtTiitdv. Dionysius, 
however, must be mistaken in makine Xavius an 
uvoyia. irpofrrryopiKoy, if he meant this to be the 
same as the Roman praenomen, which the name 
Navius never was. In all probability therefore 
both Attius and Navius are nomina gentilicia. A 
third instance seems to be Minatius Magins (Veil. 
Pat. ii. 16), the son of Decius Magius. This prac- 
tice must have been very common among the Sa- 
bincs, for in most cases in which the two names of 
a person have come down to us, both have the ter- 
mination ius, as Marius Egnatius, Herius Asinius 
(Appian. It. C. i. 40), Statius Gellius (Lir. ix. 44), 
OKI ius Calavius. A more complete list of such 
Sabine names is given by Giittling (Gesch.d. Rum. 
•Stuatsv. p. 6. note 3), who supposes that a son bore 
the two nomina gentilicia of his father and mother 
only as long as he was unmarried, and that at his 
marriage he only retained the nomen gentilicium of 
his fathiT, and, instead of that of his mother, took 
that of his wife. Of this, however, there is not 
sufficient evidence. Thus much is certain, that the 
Sabincs at all times had two names, one a real 
praenomen, or a nomen gentilicium serving as a 
praenomen, and the second a real nomen gentili- 
cium, derived from the gens of the father. The 
Sabine women bore, as we have seen in the case of 
Pin ulla Mini.'i, likewise two names, <: ij. Wstia 
Oppia, Paucula Cluvia (Liv. xxvi. 33), but whether 
in case they both terminate in in they are nomina 
gentilicia, and whether the one, as Giittling thinks, 
is derived from the gens of the woman's father, 
and the other from that of her husband, cannot be 
decided. Many Sabines also appear to have had a 
cognomen, besides their praenomen and nomen 
gentilicium ; but wherever this occurs, the prae- 
Dazngn is generally omitted, e.g. llrrrnnius I'm 
(Liv. xxiii. 43), Calavius Perolla (Liv. xxxiiL 8), 
Vcttitu Cato (Appian. It. C. i. 40), Instciiu Cato, 
Popaedini Silo, Papius Mutilus (Veil. Pat. ii. lfi). 
Such a cognomen must, as anions the Romans, 
have distinguished the several familiac contained 
in one gnu. 

The Latins in the earliest times had generally 
only one name, as is seen in the instances adduced 
by Vans (<//.. VaL A/n-r. I.e.), Romulus, Remus, 
Fiiiistulus, to which we may add tin- names of the 
k in K '.i nf tin- Aborigines ( Latins), Ijitinus, Ascnnius, 
(,'apetus, Capys, I'mois, Numilor, Anmlius, and 



others. When, therefore, Varro and Appian say 
that the earliest Romans had only one name, they 
were probably thinking of the Latins. There oc- 
cur, indeed, even at an early period. Latins with 
two names, such as Geminus Metius, Metius 
Suffetius, Vitruvius Vaccus, Turnus Herdonius, 
&c. ; but these names seem to be either two 
nomina gentilicia, or one a nomen gentilicium and 
the other a cognomen, and the Latins do not ap- 
pear to have had genuine praenomina such as 
occur among the Sabines and afterwards among 
the Romans. 

The Etruscans in the Roman historians generally 
bear only one name, as Porsenna, Spurinna, which 
apparently confirms the opinion of Varro ; but on 
many urns in the tombs of Etruria such names 
terminating in na are frequently preceded by a 
praenomen. Mullcr (Elrusk. i. p. 413, &c), and 
Guttling (I.e. p. 31), who follows him, are of 
opinion that no Etruscan ever bore a nnmen genti- 
licium, and that the names terminating in na are 
mere cognomina or agnomina. Niebuhr {Hist, of 
Rome, L p. 381, note 922, and p. 500, note 1 107 ), 
on the other hand, thinks, and with more proba- 
bility, that the Etruscan na corresponds to the 
Sabine and Roman ius, and that accordingly such 
names as Porsenna, Spurinna, Caecina, Perpema, 
Vibenna, Ergenna, Mastarna, &c. are real nomina 
gentilicia. 

From this comparison of the three original tribes, 
it is clear that when the Romans became united 
into one nation, they chiefly followed the custom 
of the Sabines, and perhaps that of the Latins. 
(Val. Max. I.e.) Originally every- Roman citizen 
belonged to a gens, and derived his name (nomen 
or nomen gentilicium) from his gens. This nomen 
gentilicium generally terminated in ius, or with a 
preceding e, in eius, which in later times was often 
changed into aeus, as Annius, Anneius, and An- 
nacns ; Appuleius and Appulacus. Nomina gen- 
tilicia terminating in ilius or clius, sometimes 
change their termination into the diminutive illus 
and eltus, as Opillus, Hostillus, Quintillus, and 
Ofcllus, instead of Opilius, Hostilius, Quintilius, 
and Ofelius. (Ilorat. &tl. ii. 2. 3, et passim.) Besides 
this nomen gentilicium every Roman had a name, 
called praenomen, which preceded the nomen gen- 
tilicium, and which was peculiar to him as an in- 
dividual, e.g. Caius, Lucius, Marcus, Cneius, Sex- 
tus, &C In early times this name was given to 
boys when they attained the age of pubertas, that 
is, at the age of fourteen, or, according to others, 
at the age of seventeen (Gellius, x. 28), when 
they received the toga virilis. ( Fcst, s. v. Pubei ; 
Scaevola up. VaL Mu-i. I. c.) At a later time it 
was customary to give to boys a praenomen on the 
ninth day after their birth, and to girls on the 
eighth day. This solemnity was preceded by a 
lustratio of the child, whence the day was called 
dies lustrieus, dies nominum, or nomiimliu. ( Macrob. 
.Sat. i. 10 ; Tertull. de IdoioL (i.) The praenomen 
given to a boy was in most cases that of the father, 
but sometimes that of the grandfather or great- 
grandfather. Heme we frequently meet with in- 

i i i ■ M. Tiillius, M. F., that is Manns 
Tullius, Marci filius, or C. Octnvius, C. F., C. N. t 
C. P., that is, Caius Octavius, Caii filial, Call nepos, 
Caii pMniqios. Sometimes, however, the praenomen 
wns given without any reference to father or grand- 
father, Kc. There existed, according to Varro, 
about thirty praenomina, while nomina gentilicia 
3 v 



802 



NOMEN. 



NOMEN. 



were very numerous. These two names, a prae- 
nomen and a nomen gentilicium or simply nomen, 
were indispensable to a Roman, and they were at 
the same time sufficient to designate him ; hence 
the numerous instances of Romans being designated 
only by these two names, even in cases where a 
third or fourth name was possessed by the person. 
Plebeians, however, in many cases only possessed 
two names, as C. Marius, Q. Sertorius, Cn. Pom- 
peius, &c. The praenomen characterised a Roman 
citizen as an individual, and gave him, as it were, 
his caput [Caput] at the time when he received 
it. As women had not the full caput of men, they 
only bore the feminine form of the nomen gentili- 
cium, as Cornelia, Sempronia, Tullia, Terentia, 
Porcia, &c. In later times, however, we find that 
women also sometimes had a praenomen, which 
they received when they married, and which was 
the feminine form of the praenomen of their hus- 
bands ; such as Caia, Lucia, Publia. (Scaevol. ap. 
Val. Max. 1. <?.) Caia Caecilia, the wife of L. 
Tarquinius, if the name be historical, is an excep- 
tion to this rule. (Val. Max. I. c. ; see Cic. pro 
Muren. 12.) When Macrobius (I. c.) states that 
girls received their name (he evidently means the 
praenomen) on the eighth day after their birth, he 
alludes, as in the case of boys receiving theirs on 
the ninth day, to an innovation of later times, and 
among the female praenomina given at such an 
early age we may reckon Prima, Secunda, Tertia, 
Quarta, Postuma, &c. (Varro, de Ling. Lot. ix. 
60 ; Suet. Caes. SO ; Capitol. Max. et Balk 5.) 
Vestal Virgins, at the appointment to their priest- 
hood (captio), when they left the patria potestas, 
received, like married women, a praenomen, e.g. 
Caia Tarratia, or Caia Suffetia. (Plin. //. iV. 
xxxiv. 11.) 

Every Roman citizen, besides belonging to a 
gens, was also a member of a familia, contained in 
a gens, and, as a member of such a familia, he had 
or might have a third name or cognomen. Such 
cognomina were derived by the Romans from a 
variety of mental or bodily peculiarities, or from 
some remarkable event in the life of the person 
who was considered as the founder of the familia. 
Such cognomina are, Asper, Imperiosus, Magnus, 
Maxinws, Publicola, Brutus, Capito, Cato, Naso, 
Labeo, Caecus, Cicero, Scipio, Sulla, Torquatus, 
&c. These names were in most cases hereditary, 
and descended to the latest members of a familia ; 
in some cases they ceased with the death of the 
person to whom they were given for special rea- 
sons. Many Romans had a second cognomen 
(cognomen secundum or agnomen), which was given 
to them as an honorary distinction, and in comme- 
moration of some memorable deed or event of their 
life, e.g. Africanus, Asiaticus, Hispallus, Cretensis, 
Macedonicus, Numantianus, &c. Such agnomina 
were sometimes given by one general to another, 
sometimes by the army and confirmed by the 
chief-general, sometimes by the people in the co- 
mitia, and sometimes they were assumed by the 
person himself, as in the case of L. Cornelius Scipio 
Asiaticus. Sometimes also a person adopted a 
second cognomen which was derived from the name 
of his mother, as M. Porcius Cato Salonianus or 
Saloninus, who was the son of M. Cato Censorius 
and of Salonia. (Gellius, xiii. 19 ; Plut. Cat. Maj. 
24.) 

The regular order in which these names followed 
one another was this : — 1. praenomen ; 2. nomen 



gentilicium ; 3. cognomen primum ; 4. cognomen 
secundum or agnomen. Sometimes the name of 
the tribe to which a person belonged, was add,ed 
to his name, in the ablative case, as Q. Verres Ro- 
milia (Cic. c. Verr. i. 8), C. Claudius Palatina 
(Cic. c. Verr. ii. 43), Ser. Sulpicius Lemonia (Cic. 
Philip, ix. 7). No one was allowed to assume a 
nomen gentilicium or a cognomen which did not 
belong to him, and he who did so was guilty of 
falsum. (Dig. 48. tit. 11. s. 13.) 

It must have been in comparatively few cases 
that persons had a fourth name or agnomen, but the 
three others were, at least at a late period, when 
the plebeian aristocracy had become established, 
thought indispensable to any one who claimed to 
belong to an ancient family. (Juvenal, v. 127.) In 
the intercourse of common life, however, and espe- 
cially among friends and relatives, it was cus- 
tomary to address one another only by the prae- 
nomen or cognomen, as may be seen in the letters 
of Cicero. It was but very seldom that persons 
were addressed by their nomen gentilicium. The 
most common mode of stating the name of a per- 
son in cases where legal accuracy was not the ob- 
ject, was that of mentioning the praenomen and 
cognomen, with the omission of the nomen gentili- 
cium, which was easily understood. Thus Caius 
Julius Caesar would during the better ages of the 
republic and in familiar address be called Cains, 
otherwise Caius Caesar, or even Caius Julius, but 
never Julius Caesar, which was only done during 
the latter period of the republic and under the em- 
pire, as in Albius Tibullus, Cornelius Nepos, Me- 
nenius Agrippa, &c. A very common mode of 
stating the name of a person during these latter 
times, was that of merely mentioning the cogno- 
men, provided the person bearing it was sufficiently 
known or notorious, as we speak of Milton and 
Johnson, without adding any other distinction, 
although there are many persons bearing the same 
name. The most common of these cases among 
the Romans are Verres, Carbo, Cato, Caepio, 
Cicero, Caesar, Sulla, &c. In the time of Augus- 
tus and Tiberius it became very common to invert 
the ancient order of nomen and cognomen, and to 
say, e. g. Drusus Claudius, or Silvanus Plautius, 
instead of Claudius Drusus and Plautius Silvanus. 
(Veil. Pat. ii. 97, 112.) 

Roman women had likewise sometimes a cogno- 
men, although instances of it are very rare. It 
was sometimes, like that of men, derived from per- 
sonal peculiarities, such as Rufa and Pusilla 
(Horat. Sat. ii. 3. 216) ; sometimes from the nomen 
gentilicium of their husbands, as Junia Claudilla, 
Ennia Naevia (Suet. Calig. 12), Livia Ocellina 
(Suet. Galb. 3), and sometimes from the cognomen 
of their husbands, as Caecilia Metella. 

During the latter part of the republic, and the 
early period of the empire, when the Roman fran- 
chise was given to whole countries and provinces, 
the persons who thus acquired the civitas fre- 
quently adopted the praenomen and nomen of the 
person through whose interest they had obtained 
the distinction, or of the emperor himself. After 
the time of Caracalla (a. d. 212), when all the free 
inhabitants of the empire had obtained the Roman 
franchise, and when the gentilician relations which 
had already gradually fallen into oblivion were 
totally forgotten, any person might adopt what 
name he pleased, either ancisnt or newly invented, 
and even change his name, if he did not like 



Women. 



NOMOS. 



C03 



it (Cod. 9. tit. 25) ; and henceforth the ancient 
Roman names disappear from the history of the 
empire with incredible rapidity. 

If a person by adoption passed from one gens 
into another, he assumed the praenomen, nomen, 
and cognomen of his adoptive father, and added to 
these the name of his former gens, with the termi- 
nation anus. Thu3 C. Octavius, after being adopted 
by his great-uncle C. Julius Caesar, was called C. 
Julius Caesar Octavianus, and the son of L. Aerai- 
lius Paullus, when adopted by P. Cornelius Scipio, 
was called P. Cornelius Scipio Acmilianus. [Adop- 
tio (Roman).] There were, however, two 
gcntes, viz., the gens Antonia and the gens Fla- 
minia, which, in case of any of their gentiles being 
adopted into another gens, took the termination 
inus instead of anus, as Antoninus and Flamininus, 
instead of Antonianus and Flaminianus. Some- 
times also the cognomen of the former family was 
retained and added without any alteration to the 
name of the adoptive father, as in the case of Q. 
Servilius Caepio Brutus. (Eckhel, Doctr. Num. 
vol. v. p. 5!).) This was done only in case the 
cognomen was of great celebrity ; but it some- 
times underwent a change in the termination. Thus 
Claudius Marccllu3, when adopted by Cornelius 
Lentulus, was called Cornelius Lentulus Marcelli- 
n'is. (Eckhel, Doctr. Sum. vol. v. p. 59 and p. 187.) 
If one man adopted two brothers, the adoptive 
father might choose any praenomina at his discre- 
tion in order to distinguish his adoptive sons from 
each other. Thus when Augustus adopted the two 
sons of Agrippa, he gave to the one the praenomen 
Caius, and to the other the praenomen Lucius. 
(Veil. Pat. ii. 96.) During the early period of the 
empire it appears to have sometimes occurred that 
a person, when adopted into another gens, added 
his own nomen gentilicium without any alteration 
to that of his adoptive father, as in the cases of C. 
P! in ins Caecilius Secundus, and L. Aelius Aurc- 
lius Commodus. (Dion Cass. Excerpt, lib. lxxii. c. 
15.) Besides this, many other irregularities oc- 
curred in cases of adoption during the period of 
the empire, but it is not necessary for our purpose 
to enumerate them here. 

Slaves had only one name, and usually retained 
thnt which they had home before they came into 
slavery. If a slave was restored to freedom, he 
received the praenomen and nomen gentilicium of 
his former master, and to these was added the 
name which he had had as a slave. He became 
thus in some measure the gentilis of his former 
master, in as far as he had the same nomen genti- 
licium, but he had none of the other claims which 
a freebom gentilis had. (Cic. Top. 6.) Instances 
of such freedom nre, Titus Ampius Menander, a 
freedman of T. Ampius Balbus (Cic ud Fam. xiii. 
70) j L. Cornelius Chrysogonus, a freedman of 
L. Cornelius Sulla (Cic. pro Hose. Am. 2, &c), M., 
Tttllhu Liurea, and M. Tullius Tiro, freedmen of 
ML Tulliii* Cicero. If the state emancipated a 
scrvus pobBcna, and gnvc him the franchise at the 
same time, any praenomen and nomen were given 
to him, or he took these names from the magistrate 
who performed the act of emancipation in the name 
•i! th.- state, and then received a cognomen derived 
from the nnmc of the city, as Homanus or Romn- 
nensis. ( Vam>, (/« /.i«'/. hit. viii. 113; Liv. iv. 
MO [L.S.] 

NOMEN. [Fin us, p. 527, a ; Obliua- 
tionb.l] 



NOMEXCLA'TOR. [Ambitus, p. 77, a.] 

NOMISMATOS DIAPHORAS G RAPHE 
(vofiifffiaros 5ia<popas ypcup-ri) is the name of the 
public action which might, at Athens, be brought 
against any one who coined money either too light 
in weight or not consisting of the pure metal pre- 
scribed by the law. The lawful punishment in- 
flicted upon a person in case he was convicted was 
death. (Demosth. c. Lept. p. 508. c. Timoerat. 
p. 765, 6ic.) What action might be brought 
against those who coined money without the sanc- 
tion of the republic, and how such persons were 
punished, is not known. (See Petitus, Legq. Alt. 
p. 510.) [L.S.] 

NOMOPII Y'LACES (vopjxpvKaKes), were cer- 
tain magistrates or official persons of high authority, 
who exercised a control over other magistrates, and 
indeed over the whole body of the people, it being 
their duty to see that the laws were duly admi- 
nistered and obeyed. Mention is made of such 
officers at Sparta and elsewhere, and some of the 
Greek philosophers who wrote on legislation ap- 
pear to have thought, that such a body of men was 
essential to the well-being of a social community. 
(Schumann, Ant. Jur. Pub. Gr. p. 130 ; Plat. 
Leg. vL p. 252 ; Xen. Oecon. ix. 14.) No such 
body existed at Athens, for they must have had a 
power too great for the existence of a democracy. 
The Senate of 500, or the Areopagitic council, 
performed in some measure the office of law- 
guardians (Arist. Pol. VL 5, sub fin. ; Andoc. De 
Afgst. 11); but the only persons designated by 
this name appear to have been inferior function- 
aries (a sort of police), whose business it was to 
prevent irregularities and disturbances in the 
public assemblies. Even their existence has been 
doubted by modem writers ; some think they have 
been confounded with the SHTnoOtrat. Another 
hypothesis is, that the office was never introduced 
until the time of Demetrius Phalereus, who, when 
he was invested with the authority of lawgiver by 
Cassander, gave to the Eleven the additional duty 
of watching the conduct of all the other magis- 
trates, with a view to introduce a more aristo- 
cratical government. In favour of this opinion it 
has been observed, that the office of vono<pvkax( s 
is only mentioned by grammarians, and they refer 
to Deinarchus, who was the friend and contempo- 
rary of Demetrius. (See Schneider's note to Arist. 
Pot vi. 5. § 10 ; Wachsm. vol. i. pt. i. p. 209 ; 
Meier, Ait. Proc. pp. 68—73.) [C. R. K.] 

NOMOS (v6/ios). This word comprehends the 
notion not only of established or statute law, hut 
likewise of all customs and opinions to which long 
prescription or natural feeling gives the force of 
iaw ; as Euripides (Iiacch. 893) expresses it, to 
iv Xfivuf fiaxpif v.miwv A'l Qvatt rt m<pvK6i. 
In the heroic ages, before the period of authentic 
history begins, we find in the Homeric and other 
poems traces of a general belief among the Greeks 
that government ought to be controlled by law. 
Ah end the supreme God was supposed to be 
subject to a higher power. Fate or 'Avayxi), so the 
Aiorp«iJf))» ,{.■■:,.:>>■; was bound to govern accord - 
ing to the rules of justice. Stmt, vdpoi, tvvofiii}. 
(Ham. Od. xvii. 487 ; Pind. P;,th. 2. 157 ; Herod, 
iii. 38 ; lies. Op. et I)ie$, 274.) Government, 
though moiuirrliii.il and hereditary, was neverthe- 
less limited, in\ byroU yipatri (Thuc. i. 13). Tho 
monarchs were rtyirropfs rjSi /i«'oWt»j, bound to 
consult for the good of their people, and to listen 
3 f 2 



804 



NOMOS. 



NOMOS. 



to the advice of their counsellors, or the chief men 
of the state (yepovres, &vaKres, &c), and also to 
administer justice, SIkus, de/xio-ras, evSndas. (II. 
ii. 660, xvi. 542, Od. xix. 3, iv. 689.) 

These notions of law and justice were neces- 
sarily vague. The regal power, though limited in 
practice, appears to have been absolute in theory, 
and, as such, was easily liable to be abused. We 
find complaints of the abuse of power in Hesiod 
(Op. et Dies, 39. 258) ; and Wachsmuth (Hell. Alt. 
vol. i. pt. i. c. 18) remarks that the Odyssey contains 
indications of a struggle of the nobility against 
the sovereign. That many beneficial concessions 
were made by the kings to their people before the 
age of authentic history, is not improbable. The 
changes introduced by Theseus may be considered 
in this light. But the first great step towards the 
establishment of constitutional law appears to have 
been taken by the Athenians, when they abridged 
the power of the Medontidae, and rendered govern- 
ment responsible, tt)V fia<n\dav pniaTi\oo.v (is 
apxh" vttzvSvvov. (Pans. iv. 5. § 10.) 

The transition from customary or traditionary 
law to fixed civil ordinances must have taken place 
gradually. When people came to unite in cities 
(o-uvipk'i(ovto), and form compact societies, they 
began to feel the necessity of having permanent 
laws to define and secure their civil rights. The 
notion soon sprang up that society was formed for 
the good of all classes. The expression to koiu6u, 
formerly applied to national leagues and confede- 
racies (Herod, v. 109), came to denote a united 
body of citizens ; and equal laws were claimed for 
all. From this body indeed were excluded all 
such persons as came under the definition of irepl- 
otKoi, provincials (Herod, vi. 58, ix. 11), or serfs, 
like the Helots ; and all slaves of every kind. It 
was only the townsman (ivoK'iTrjs) and the free- 
man who could enjoy the privileges of a citizen. 
The emigrant (otIjUijtos pei avao-T-rjs) though, if he 
became a resident (jxeroiKos\ he was upon certain 
conditions admitted to the protection of the law, 
was never placed on the same footing as the 
native. 

Before any written codes appeared, law was pro- 
mulgated by the poets or wise men, who sang the 
great deeds of their ancestors, and delivered their 
moral and political lessons in verse. Such was the 
p-firpa (declared law) of Sparta and Tarentum. 
The laws of Charondas were sung as aK6\ia at 
Athens. (Aelian, ii. 39 ; Arist. Probl. xix. 28 ; 
Athenaeus, xiv. p. 619 ; Wachsm. Hell. Alt. vol. i. 
pt.i.pp.201,208.) The influence exercised bythese 
men arose in a great measure from the belief that 
they were divinely inspired ; a power which was 
ascribed to most of the ancient law-makers. Thus, 
the laws of Minos were said to be a revelation from 
Jupiter (Pausan. iii. 2. § 4) ; Lycurgus was the 
confidant of the Delphic god ; Zaleucus of Pallas. 
(Wachsm. vol. L pt. i. p. 204.) Some have supposed 
that the use of v6/j.os,in the senseodaw, was derived 
from the circumstance of laws having first been in 
verse, as the same word denotes measure or tune. 
But this is not surprising, when we consider that 
principles of harmony are necessary not only to 
music and poetry, but to the adjustment of the 
various relations of civil society ; and both mean- 
ings may well be derived from vefxeiv (distribuere 
suum cuique). 

As civilisation advanced, laws were reduced to 
writing, in the shape either of regular codes or dis- 



tinct ordinances, and afterwards publicly exhibited, 
engraved on tablets, or hewn on columns. (Lyc. c. 
Leoc. p. 1 65, ed. Steph. ; Arist. Pd. v. 9. § 2 ; Plato, 
Leg. v. p. 738.) The first written laws we hear of 
are those of Zaleucus. (Wachsm. vol. i. pt. i. p. 208.) 
The first at Athens were those of Draco, called 
Sreanoi, and by that name distinguished from the 
vdfioi of Solon. (Andoc. deMyst. p. 11, ed. Steph.) 
From the origin of this word one would suppose 
that it signified ordained or statute law, TeOek 
v6fios : but it is frequently used like Se/us, in the 
sense of natural right or social usage. (Horn. 11. 
ix. 134, xi. 778, Od. xxiii. 296.) The six inferior 
archons were called Siea)j.o9erai, because a great 
variety of causes fell under their cognizance, and, 
in the absence of a written code, those who declare 
and interpret the laws may be properly said to 
make them. (Thirlwall, Gr. Hist. vol. ii. p. 17.) 

The laws of Lycurgus were not written. He 
enjoined that they should never be inscribed on any 
other tablet than the hearts of his countrymen. 
(Thirlwall, vol. i. p. 336.) Those of Solon were 
inscribed on wooden tablets, arranged in pyramidal 
blocks turning on an axis, called &£oves and Kvpgets. 
(Harpocration and Suidas, s. v. ; Plut. Solon. 25.) 
They were first hung in the Acropolis, but after- 
wards brought down to the Prytaneum. (Harpocr. 
s.v. 'O naTcadev v6/xos: Pausan. i. 18. §3.) Ar- 
chives were established for the custody of A thenian 
laws in the temple of the mother of the gods (ev 
rif ixr\Tpw<ji) with a public servant (o~-t)ix6crios) to 
take care of them. (Demosth. de Fals. Leg. 38 1, 
c. Aristog. 799.) Others were hung up in various 
public places, so that any citizen might have access 
to them, to read or take extracts. For instance, 
laws which concerned the jurisdiction of the archon 
were hung up in his office ; those which concerned 
the senate (fiovXevriitoX v&fioi) in their council- 
room, and so on. (Demosth. c. Aristoc. 627, 643, 
c. Timoc.706 ; Wachsm. vol.i. pt.i. p. 266 ; Meier 
and Schb'm. Att. Proc. pp. 170, 660.) After the 
expulsion of the thirty tyrants, in the archonship 
of Euclides, a decree was passed by the assembly to 
restore the ancient laws, and appoint a committee 
to revise them, and propose any alterations or ad- 
ditions that might seem necessary. The new and 
old laws were all to be written out in the enlarged 
Ionian alphabet, which had not come into use in 
Solon's time ; and the whole code thus revised was 
transcribed on the walls of the portico (els tt\v 
aroav aveypatyav). At the same it was enacted 
that no magistrate should he allowed to use an 
unwritten law (ay pa.<pa> Se v6jx(fi ras apx^s jj.^ 
XpTjc&xi firiSi irep\ evds, Andoe. de Myst. 11 — 13, 
ed. Steph.) 

According to these statutes of Solon, and those 
which were subsequently enacted at various times, 
the magistrates and the judges at Athens were 
bound to administer the law, executive and judi- 
cial. The Heliastic body, acting in their capacity 
of judges or jurors (as to their legislative see 
Nomothetes), were sworn irepl jxev 3>v v6fioi 
elcrl, Kara tovs vofiovs >f/Ti<p leitrfai, irepl 8e wv fxi] 
elai, yv&jiri -rrj SijcaioTarp. (Meier and Schom. 
Att. Proc. p. 128.) In all causes, whether civil or 
criminal, the parties procured copies or extracts of 
such laws as were material to the questions to be 
tried, and brought them before the Tiyepieiv 5ikoo"- 
Tijpiou at the avatcpiais, by whom they were con- 
signed to the exlvos, and produced at the trial, to 
be read to the SiKaaTal by the ypap.p.(nevs. If 



N0M0THETE3. 



NOMOTHETES. 



any man produced before the judges a fictitious 
law (ouk ovra v6aov), he was punishable with 
death. (Dcmosth. c.Arist. 807.) 

As the 5<Ka<rrai (chosen as explained under 
Dicastes) performed the functions both of judge 
and jury, it is evident that the important question, 
how the laws of Athens worked, depends on the 
discretion which in practice they exercised in the 
interpretation of the written law. This is only to 
be discovered by a careful perusal of the Attic 
orators, and is too wide a question to be discussed 
here. Much light is thrown on the subject by 
Aristotle (Rhd. i. 15), who, in treating of judicial 
matters, always has in Tiew the practice of the 
Athenian courts. He reckons the v6uoi among 
the irexvoi irianis, and advises the orator, when 
the law of the country is against him (lav 
eVafTioj jj 6 yeypauuevos Tip vpayuari) to appeal 
to the universal law of justice or equity (t<£ KOtvtf 
vouv Kal -rots (iritiKimv, ws Sixatorepois). For 
(says he) if the written law is contrary to justice, 
it is not a law, ov yap iroi(7 to ipyov rou vSuov. 
From this it may be seen, that the notions enter- 
tained by the Athenians of the discretion to be ex- 
ercised by a judge were somewhat different from 
our own. There existed at Athens no class of 
persons corresponding to our counsel or attorneys, 
whose business or profession it was to expound the 
laws. The office of the ^iry>J T <*l related only to 
religious observances. [Exegetae.] According 
to the principle of the constitution, every citizen 
was bound to watch over the preservation of the 
laws, and to inform against and prosecute any per- 
nons who transgressed them. The people, either 
on the bench or in the assembly, were the ulti- 
mate judges. (Lycurp. c. I am:. 148, ed. Steph.) 

As to the difference between vivos and <irti<ptffua, 
and as to the manner in which laws were enacted 
or repealed, see Nomotiietes. [C. H. K.] 

NOMO'THETES (xofioflfTTis), legishtor, is a 
word which may be applied to any person who 
causes laws to be enacted. Thus, Pericles and 
Themistocles are called vouoBtrai, movers or pro- 
posers of laws. (Lys. c. Nicom. 186, cd. Steph.) 
It is, however, more commonly given to those emi- 
nent men whose laws have been celebrated for 
their intrinsic merit, or for the important influence 
which they exercised over the destinies of their 
country. Such were Minos of Crete, Draco at 
Athens, Zaleucus at Locri and Charondns, whose 
laws were distinguished for their axpiSna, and 
wpre received at Khegium, Catana, nnd other Chal- 
cidian states. (Arislot Pol. ii. 9. § 8 ; Hermann, 
PoLAnt. <j 88, li'J.) Many other men have- been 
honoured with this title, cither for having im- 
proved the laws of their countrymen, or as having 
In that writings, their counsel, and good example, 
led to the introduction of a sound moral discipline 
among them. These were the sages or wise men, 
odbM by Diogenes LaBrthii (L 40) auvtroi Tint 
no) vofutOrrtKol. Pittacus of Lesbos, Phidon of 
Argos, Thales of Miletus, I5ku of Pricne, Chiton, 
who improved the laws of Lycurgus, and Pytha- 
goras, may be reckoned in this class. ( Wachsm. 
vol. i. pt. i. p. 2 1 2. ) Hut the name of vo^oWttji is 
given kot' /£oxV t° Solon and Lycurgna ; for they 
not only introduced codes of laws, but were the 
founders of mnstitutiims (itohnuai), which, though 
from time to time modified and altered, and 
sometimes even suspended, remained more or lets 
in force, so long as Alliens and Sparta existed 



as republics. (Aristot. Pol. ii. 9. § 1.) So high 
was the esteem in which Solon was held by the 
Athenians, as the founder of their social polity, 
that although many important reforms were ef- 
fected at various periods, he still continued to be 
regarded as Vie lawgiver (6 vouo61t7\s), and the 
whole body of laws passed under his name. 
Wachsmuth (vol. i. pt. i. p. 268) remarks that on this 
account, whenever a law of Solon is cited, we may 
suspect that it contains interpolation. On the 
other hand, we should bear in mind that in all the 
changes which took place in the Athenian consti- 
tution, the reformers aimed at preserving the main 
principles of Solon's policy. Cleisthenes, who esta- 
blished the Syuoi, remodelled the <pu\a\, and made 
other changes, is characterised by Aristotle (Pol. 
ii. 6. § 11) as having for his object au^r)aai tijv 
SijuoKpaTtav. 

There is this remarkable difference between the 
legislation of Solon and that of other Greek law- 
givers, that he did not (as they did) endeavour to 
secure fixity and finality for his institutions. Za- 
leucus and Charondas are said to have made it a 
capital crime to propose new laws. Lycurgus for- 
bade young men to censure the laws ; and when he 
went on his last journey, from which he never re- 
turned (the story 6ays), he bound his countrymen 
by an oath to observe all his laws till his return. 
Solon exacted a similar oath of the Athenians for 
onlv ten years. (Herod, i. 29 ; Wachsm. vol. i. 
pt. i. p. 21 1 ; Thirl wall, Gr. Hist. vol. i. p. 295.) 

Hut Solon also devised regulations by which the 
laws might undergo periodical revision, and be 
amended as occasion required. At the first Kvpia 
l>tKKT)oia in every year, any person was at liberty 
to point out defects in the existing code or 
propose alterations. If his motion was deemed 
worthy of attention, the third assembly might 
refer the matter to a legislative committee, called 
vouoderat. This committee was selected by lot 
from the Heliastic body ; it being the intention 
of Solon to limit the power of the popular assembly 
by means of a superior board emanating from itself, 
composed of citizens of mature age, bound by a 
stricter oath, and accustomed to weigh legal prin- 
ciples by the exercise of their judicial functions. 
The number of the committee, so appointed, varied 
according to the exigency of the occasion. The 
people appointed five advocates (<rw$iKot) to attend 
before the board and maintain the policy of the 
existing institution. If the proposed measure met 
the approval of the committee, it passed into law 
forthwith. Iiesides this, the Thesmothetac were, 
officially authorised to review the whole code, and 
refer all statutes which they considered unworthy 
of being retained to the vouoBcrai. (Hermann, Pol. 
Ant | 131 ; Wachsm. vol. i. pt. i. p. 2C0 ; Thirl- 
wall, vol. ii. p. 46 ; Dcmosth.. c Timncr. 706.) 

Hence appears the difference between ^ipiir/xo 
and viuot. The mere resolution of the people ,in 
assembly was a tyitpujua, and only remained in 
force a year, like a decree of the senate. Nothing 
was n laic that did not pass the ordeal of tho 
vofioOirat. The democracy of Solon was therefore 
one of that kind, in which (as Aristotle says), 
Kvpios t/v 6 v6uoi, 4AA' ou to irAjjOoi. ( Pol. IT. 4. 
§ .'J ; Hermann, Pol. Aril. (; 67. n. 8 ; Dcmosth. c. 
Arutoc. 649, 651.) Pririlnjia required to bo 
passed by six thousand of the people in assembly, 
giving their voU-s secretly. The naturalization of 
a foreigner is an example of a pririlryium ; for 
.1 f 3 



806 



NOTA. 



NOTA. 



which two votes of different assemblies were ne- 
cessary. (Demosth. c.Neaer. 1375.) 

Propositions to be submitted to the people were 
first approved by the senate of 500, and then 
called irpogovXevixaTa, The mover of a law was 
said &elvai or ypd<peiv v6[iov, the people who passed 
it &4<rdai. To indict a man for proposing illegal 
measures was called ypdcpecrdai riva ivapav6fio>v. 
As to the proceedings in such a case, see Para- 
nomon Graphe. [C. R. K.] 

NONAE. [Calendarium.] 

NORMA (yvdjxav), a square, used by carpen- 
ters, masons, and other artificers, to make their 
work rectangular. (Philo de 7 Orb. Sped. 2 ; Vi- 
truv. vii. 3; Plin. H. N. xxxvi. 22. s. 51 ; Pru- 
dent. Psychom. 828.) It was made by taking three 
flat wooden rulers [Regula] of equal thickness, 
one of them being two feet ten inches long, the 
others each two feet long, and joining them to- 
gether by their extremities so as to assume the 
form of a right-angled triangle. (Isid. Orig. xix. 
19.) This method, though only a close approxi- 
mation, must have been quite sufficient for all com- 
mon purposes. For the sake of convenience, the 
longest side, i. e. the hypotenuse of the triangle, 
was discarded, and the instrument then assumed 
the form, in which it is exhibited among other 
tools in woodcut at p. 283. A square of a still 
more simple fashion, made by merely cutting a 
rectangular piece out of a board, is shown on an- 
other sepulchral monument, found at Rome and 
published by Gruter (I. c. p. 22!)), and copied in 
the woodcut which is here introduced. The square 
was used in making the semicircular striae of Ionic 
columns [Columna], a method founded on the 
proposition in Euclid, that the angle contained in 
a semicircle is a right angle (Vitruv. iii. 5. § 14). 




INSTRVMEN . EABR . TIGNAR. 



From the use of this instrument a right angle 
was also called a normal angle. (Quintil. xi. 3. p. 
446, ed. Spalding.) Any thing mis-shapen was 
called almormis. (Hor. Sat. ii. 2. 3.) [J. Y.] 

NOTA, which signified a mark or sign of any 
kind, was also employed for an abbreviation. 
Hence notae signified, the marks or signs used in 
taking down the words of a speaker, and was 
equivalent to our short-hand writing, or steno- 
graphy ; and notarii signified short-hand writers. 
It must be borne in mind, however, that notae also 



signified writing in cipher ; and many passages in 
the ancient reciters which are supposed to refer 
to short-hand, refer in reality to writing in cipher. 
Thus both Julius Caesar and Augustus wrote many 
of their letters in cipher {per notas, Suet. Jul. 
Caes. 56, Aug. 88 ; comp. Gel], xvii. 9). Still 
short-hand was well known and extensively em- 
ployed. Among the Greeks it is said to have 
been invented by Xenophon (Diog. Laert. ii. 48), 
and their short- hand writers were called raxvypd<poi, 
o£vypd<poi and o-qfiewypdtyoi. The first introduc- 
tion of the art among the Romans is ascribed to 
Cicero. Plutarch, in speaking of the speech of 
Cato in the senate on the punishment of the Catilina- 
rian conspirators, relates, " They say that this is 
the only speech of Cato which is preserved, and 
that it was owing to Cicero the consul who had 
previously instructed those clerks, who surpassed 
the rest in quick writing, in the use of certain 
signs which comprehended in their small and brief 
marks the force of many characters, and had 
placed them in different parts of the senate-house. 
For the Romans at this time were not used to 
employ nor did they possess what are called note- 
writers (o-T]fxecoypd<poi), but it was on this occa- 
sion, as they say, that they were first established 
in a certain form." (Cat. min. c. 23, Long's transl.) 
Cicero himself sometimes wrote in short-hand for 
the sake of brevity or secrecy (5ta arijxi'ioiv scrip- 
seram, Cic. ad Att. xiii. 32). Dion Cassius (lv. 7) 
attributes the invention of stenography to Mae- 
cenas. Eusebius, in his Chronicon, ascribes it to 
Tiro, the freedman of Cicero, and hence the system 
of abbreviated writing, in which some manuscripts 
are written, has received the name of Notae Tiro- 
nianae ; but there is no evidence to show whether 
this species of short-hand was really the invention 
of Tiro. It would appear, moreover, from several 
passages in ancient writers, that the system of 
short-hand employed in the time of the Roman 
empire must have been of a much simpler and 
more expeditious kind than the Notae Tiroiiianae. 
Thus Seneca says (Ep. 90) : " Quid verborum 
notas, quibus quamvis citata excipitur oratio, et 
celeritatem linguae manus sequitur." Manilius 
speaks to the same effect (iv. 197) : — 

" Hie et scriptor erit velox, cui litera verbum est, 
Quique notis linguam superet, cursimque loquentis 
Excipiet longas nova per compendia voces." 

And likewise Martial (xiv. 208) : — 

"Currant verba licet ; manus est velocior illis : 
Nondum lingua suum, dextra peregit opus." 

Many of the wealthy Romans kept slaves, who 
were trained in the art. (Senec. Ep. I. c.) Thus the 
elder Pliny, when travelling, used to carry a notarius 
with him, that the slave might be ready to take 
down any thing that he wished. (Plin. Ep. iii. 5.) 
The art was also learnt even by the Roman nobles, 
and the emperor Titus was a great proficient in it. 
(Suet. Tit. 3.) At a later time, it seems to have 
been generally taught in the schools, and hence 
Fulgentius (Mythohg. iii. 10) divides the writing 
taught in schools into two kinds, the Abecedaria 
and Notaria ; the former being the regular letters 
of the alphabet, A, B, C, D, &c, and the latter, 
stenography. There were, moreover, short-hand 
writers (notarii) by profession, who were chiefly 
employed in taking down (notare, exeipere) the 
proceedings in the courts of justice. At a later 



NOVELLAS, 
period, they were called exceplores (Dig. 19. tit 2. 
s. 19. § 9). These short-hand writers were also 
employed on some occasions to take down a per- 
son's will (Dig. 29. tit. 1. s. 40). 

This is the chief information we have respect- 
ing the use of stenography by contemporary wri- 
ters. But Isidorus, who lived in the seventh 
century of the Christian era, gives a more detailed 
account of the history of the art (Orig. i. 21. 
p. 836, ed. Gothofred). He ascribes the invention 
of the art to Ennius (?), who he says invented 
1100 marks (notae) ; but the first person who 
practised it at Rome he states to have been Tiro, 
the freedman of C'cero, who, however, according 
to Isidore's account, used only notae for preposi- 
tions. Isidore then goes on to say that additional 
notae were invented by Tertius Persannius, Phi- 
largius, and Aquila, a freedman of Maecenas, till 
at length Seneca reduced the whole to a regular 
system, and increased the number of notae to 
.5000. What truth there may be in this account, 
it is impossible to say ; but the view which it 
gives of the gradual improvement of the system 
by successive persons is, from the nature of the 
case, most probable. 

The system of short hand calico Xota« Tiro- 
nianae is explained in a work printed by Gruter 
in his Tltesaurus Inscriptionum. This work is 
ascribed in the manuscripts to Tiro and Seneca, 
but contains many words, which were only used 
at a much later age. It appears from this work, 
that the Notae Tironianae were very different 
from our system of stenography, and were simple 
abbreviations of the words, such as were used, 
only to a smaller extent, in ordinary writing. 
We likewise have some manuscripts written in 
Notae Tironianae, of which an account is given in 
the work of Kopp quoted below (Carpentier, Al- 
pliahetum Tironianum, Paris, 1747 ; Kopp, 1'a- 
taeofjraphica Criiica, 1817, vol. i. ; Becker, Ualius, 
vol.'i. pp. 197, 198). 

NOTA CENSO'RIA. [Cenncs.] 

NOTA'RI I, short-hand writers, were generally 
slaves or frecdinen, and are spoken of under 
Not a. They were likewise called Aduarii. They 
were also employed bv the emperors (Lamprid. 
Air*. Sev. 28, Aurel. *36 ; TrebelL Clawt. 14), 
and in course of time the title of Notarii was 
exclusively applied to the private secretaries of 
the emperors, who, of course, were no longer 
•laves, but persons of high rank. The short-hand 
writers were now called eiwpforej, as is remarked 
nndcr Nota. On the reorganisation of the em- 
pire by Constantine, the Notarii were constituted 
into a "kind of imperial chancery, who, in addition 
to their regular duties, were frequently employed 
by the emperor on important public missions. The 
first of them in rank mi called I'rimiceriui Nota- 
rionmt, and the second, Srcundirerius Nolariorum. 
Others were called tribuni rt notarii, and nnother 
clan iloiiv-Uri i t notarii, who probably acted c|>r- 
eially as private sccretarirs of the emperors. Others 
again who served under the Praefecti Practorii, 
were called Notarii 1'rurtoriani (Cod. Theod. 6. 
tit. 10 ; Cassiod. Par. vi. 16 ; Walter, GachiclUc 
rim Knmiiuliin Hrrht.i, 5' 345, 2d i d.) 

NOVA'LE. [Aratrum.] 
NOVATK). [Oblioationks.] 
NOVELLA E or NOVELLAE CONSTITU- 

TIO'NKS form a part of the Corpus .luris. Most 
of them were published in Greek, and their Greek 



NOXALIS ACTIO. 807 
title is AvroKparopos 'lovoriviavov Avjovcttou 
Neapai Atara^eis. Some of them were published 
in Latin and some in both languages. The first of 
these Novellae of Justinian belongs to the year 
A. D. 535 (Nov. 1), and the latest to the year a.d. 
565 (Nov. 137) ; but most of them were published 
between the years 535 and 539. These Constitu- 
tions were published after the completion of the 
second edition of the Code, for the purpose of sup- 
plying what was deficient in that work. Indeed 
it appears that on the completion of his second 
edition of the Code the Emperor designed to form 
any new constitutions, which he might publish, 
into a body by themselves so as to render a third 
revision of the Code unnecessary, and that he 
contemplated giving to this body of law the name 
of Novellae Constitutiones. (Const, Cordi. s. 4.) 
It does not however appear that any official com- 
pilation of these new constitutions appeared in the 
lifetime of Justinian. The Greek text of the 
Novellae, as we now have them, consists of 1 65 
Novellae at the least, or 1 68 as some make it, of 
which 159 belong to Justinian, and the rest to 
Justin the Second and to Tiberius : they are 
generally divided into chapters. 

A large part of these Novellae relate to the ad- 
ministration of the state and to ecclesiastical affairs , 
but a considerable number relate to Privatum Jus, 
and they modified or altered many rules of law. 

There is a Latin Epitome of these Novellae by 
Julian, a teacher of law at Constantinople, which 
contains 125 Novellae. The Epitome was pro- 
bably made in the time of Justinian, and the 
author was probably Antecessor at Constantinople. 

There is also another collection of 134 Novel- 
lae, in a Latin version made from the Greek text. 
This collection is generally called Authcnticum or 
Liber Authenticorum : the compiler and the time 
of the compilation arc unknown. This collection 
has been made independently of the Greek com- 
pilation. It is divided into nine Collationes, and 
the Collationes are divided into tituli. This was 
the collection which the Glossotores considered as 
having the authority of law. 

The most complete work on the history of the 
Novellae is by Biener, Geschiclite der NoreUen, See 
also lieytrag zur Litterar-Gescliichte des Novellen- 
Auszm/* ron Julian, Von I lauliold, Zritsi-hrift, <(v. 
vol. iv. The history of the collections of the Novellae 
is very confused, and it is impossible to state it cor- 
rectly in a short space. (Puchta, Inst. i. § 147.) 

After the publication of his Codex, Thcodositis 
made various new enactments under the name of 
Novellae Constitutiones, or Novellae Leges, as to 
which see Codex Theodosianijs. [G. L.] 

NOVENDIA'LE (sc. mrrimi) was the name 
given to two different festivals. 1. Of a festival 
lasting nine days, which was celebrated as often 
as stones rained from heaven. It was originally 
instituted by Tullus Hostilius, when there was a 
nhowi-r of ston.-H upon the Mom Albanua, and was 
frequently celebrated in later times. (Liv. i. 31, 
xxi. 62, xxt. 7, xxvi. 23, xxvii. 37, xxix. 34.) 
2. Of the sacrifice performed nine days after a 
funeral. [FUNDS, 0.562,8.] 

NOV! HOMINES. [Nobixbs.] 

NOVI O'PERIS NUNT1ATIO. [Omebu 

NoVI Nl NTIATIO. ] 

NOXA. | NdXAi.it Actio.] 
NOXA'LIS ACT|0. if a filiusfamilias or a 
slave committed theft or injuria, the person injured 
3 K 4 



808 NOXALIS ACTIO. 

Lad a Noxalis Actio, or a legal remedy for the Noxa 
or wrong done to him, against the father {pater- 
familias) or the owner of the slave, as the case 
might be ; hut he had no action against the son or 
the slave. The word Noxa (from noceo) properly- 
signified injury done ; in its legal sense it compre- 
hended every delictum. (Dig. 50. tit. 16. s. 238.) 
The father or the master might either pay damages 
to the injured person, or surrender the offender to 
him. The surrender of the offender was expressed 
by the phrase " noxae dare or dedere ; " and the 
acceptance of the offender in satisfaction of the in- 
jury was expressed by the phrase "noxae ac- 
cipere : " in these expressions " noxa " does not 
mean " punishment," as is sometimes supposed, 
but the meaning of the expression is that the per- 
. son was surrendered in respect of or as a compen- 
sation for his Noxa. In the Institutes (4. tit. 
8) Noxa is defined to be the person that does 
the mischief, that is, the slave, and Noxia the 
mischief that is done. 

Noxales Actiones were given both by Leges and 
by the Edict. In the case of Furtum they were 
given by the Twelve Tables ; and in the case of 
Damni Injuria by the Lex Aquilia. In the case 
of Injuriae and of Vi Bonorum Raptorum, they 
were given by the Edict. This action was said 
"caput sequi," which is thus explained by in- 
stances : if a son or slave committed Noxa, the 
action was against the father or owner, so long as 
the offender was in his power ; if the offender be- 
came sui juris, the injured party had a directa actio 
against him ; and if he came into the power of 
another person, that other person was liable to the 
action. If a paterfamilias committed a Noxa, and 
was adopted (adrogated), the actio which was 
originally against him {directa), became an action 
against the adopting person. A paterfamilias or 
master could have no action against a son or slave 
in respect of a Noxa done to himself, the ground 
of which was that no obligatio could be contracted 
between such parties ; and as the foundation of all 
obligatio was wanting in such case, it followed that 
there could be no action against such son or slave, 
if he became sui juris, nor against another person 
into whose power he might come. If another per- 
son's slave or son committed Noxa, and then came 
into the power of the injured person, it was a ques- 
tion between the two schools whether the right of 
action was extinguished, or only suspended so as 
to revive in case the offending party was released 
from the power of the injured person. The 
opinion of the Proculiani, which was in favour of 
the suspension only, appears more consistent with 
the principles on which this right of action was 
founded. 

The mode of the " noxae deditio " was by man- 
cipatio. The Proculiani contended that three man- 
cipationes were required by the Law of the Twelve 
Tables [Emanci patio] ; but the Sabiniani con- 
tended that the Law only applied to the case of 
voluntary mancipations, and that one mancipatio 
was sufficient. 

If the father or owner made no defence to a 
noxalis actio, the offender was given up by a de- 
cree of the praetor to the injured person, and thus 
became his praetorian property {in bonis). If seve- 
ral slaves committed theft, the Edict required the 
master to pay only the amount of damage which 
would be payable, in case a single freeman had 
committed the theft. 



NUMMUS. 

Justinian abolished the noxae datio in the case 
of children ; observing that it appeared from the 
ancient jurists, that there might be an action 
against a filmsfamilias in respect of his own delicts. 

As to damage done by an animal, see Paupe- 

RIES. 

(Gaius, iv. 75 — 79 ; Instit. 4. tit. 8 ; Dig. 9. 
tit. 4.) [G. L.] 

NUDIPEDA'LIA. [Calceus, p. 221, a.] 
NUDUS {yv/j.v6s). These words, besides de- 
noting absolute nakedness, which was to be ava/j.- 
vexovos Kal ax'iTwv (compare Moschus, iv. 98), 
were applied to any one who, being without an 
Amictus, wore only his tunic or indutus. (Aris- 
toph. Eccles. 409 ; John xxi. 7.) In this state of 
nudity, the ancients performed the operations of 
ploughing, sowing, and reaping. (Hes. Op. et Dies, 
391 ; Proclus ad he. ; Virg. Georg. i. 299 ; Servius 
ad be; Aelian, V. H. vi. 11, xiii. 27 ; Matt. xxiv. 
18.) Thus Cincinnatus was found naked at the 
plough when he was called to be dictator, and 
sent for his toga, that he might appear befpre the 
senate. (Plin. H. N. xviii. 4 ; Aur. Vict, de Vir. 
Illust. 17 ; Liv. iii. 26.) The accompanying wood- 
cut is taken from an antique gem in the Florentine 
Collection, and shows a man ploughing in his tunic 




only. The light and thin clothing of Hetaerae, 
was denoted by the use of the same epithets. 
(Athen. xiii. 24, 25.) [Coa Vestis.] 

This term applied to the warrior expressed the 
absence of some part of his armour. (Horn. //. xxi. 
50 ; Jos. Ant. Jud. vi. 2. § 2 ; Gell. ix. 13 ; Xen. 
de Rep. Lac. xi. 9.) Hence the light-armed were 
called yvp.vrjres. [J. Y.] 

NU'MERUS, the name of a body of troops in 
the imperial period. [Exercitus, p. 500, b.] 

NUMMULA'RII or NUMULA'RII. [Men- 
sarii.] 

NUMMUS or NUMUS, coined money. — I. 

The chief terms used in Greek and Latin for money 
are apy-bpiov, xP'hf iaTa i vd/wr/ia, aes, pecunia, 
moneia, nummus (or numus), and numisma. It 
was called apyvpiov from apyvpos, because the 
prevailing coinages in Greece were of silver [Ar- 
gentum], (so at a later period we have xpoaiov 
and x^ Kl0V -, which, however, are seldom used, 
except in their specific senses,) and aes, because 
that of Rome and Italy was of copper [Aes] ; 
XpripaTa, simply as the representative of value ; 
pecunia, from the same cause, in connection with 
pecus, which either meant originally cattle, and 
thence, in an early age, valuable property in general, 
or, perhaps, vice versa* ■ and p6,u.io-p.a (sc. apyv- 

* There is no probability whatever in the other 
reason given for the origin of the word, namely, 
because the early coins had the image of cattle 
stamped upon them. (See Aes.) 



NUMML'S. 



NUMMUS. 



809 



ptov), from voyuos, because it was a medium of ex- 
change established by custom and law, current coin 
(Demosth. adv. Tirnocr. p. 805 ; Aristoph. Nub. 
246 ; Aristot. Et/i. v. 8). These last terms, num- 
mus and numisma, were transferred into the Latin 
language through the Greeks of Sicily and southern 
Italy, who applied the word v6/mos (or, as it is 
also written, voU/ipos), not only to money in general, 
but specifically to the chief silver coin of their 
system ; and thus, in Latin, the word is used both 
in the specific sense, as equivalent to sestertius 
[Sestertius], and in the generic meaning of any 
sort of money. (Varro, L. L. v. 37. § 173, cd. 
Miiller ; Pollux, ix. 79 ; Miillcr, Etrusk. vol. i. 
p. 315 ; Bb'ckh, Metrol. Untersuch. p. 310 ; Eckhel, 
Prolegom. General, c. 1 ; and the Greek and Latin 
Lexicons.) Some writers give the ridiculous deri- 
vation of nnmus from Nama, who, they say, first 
coined money : here the process has been, first, to 
fancy the connection of the words, and then to 
invent the fact to account for it. (Suid. s. r. 'Ao-- 
oaoia ; Isid. Grig. xvi. 17.) The word moneta, 
from which, through the French, we get our word 
money, was a surname of Juno, in whose temple 
the standards of weight, measure, and money were 
preserved : the epithet itself seems to correspond 
in meaning and derivation (from moneo) to the 
name of the Greek deity Hirnitaavvn. [Moneta.] 

I I. Oriinn of Money. — Aristotle (Polit. L 3) 
defines r»m<rua as o-toix«'OP (tai irtpas tt)S oA- 
Aot^s, and traces its invention to the early felt 
necessity of a common medium of exchange, to 
obviate the inconveniences of barter. At first, he 
tells us, it consisted of masses of metal and other 
convenient substance, determined by size and 
weight, and, lastly, with marks stamped upon 
them, to save the trouble of always weighing them. 
It is unnecessary to quote other authorities in con- 
firmation of this statement (Eckhel, troleg. c. 2.) 
The things which are essential to money are the 
material and the stamp — the former giving it the 
reality of value, the latter its assurance. In the 
early state of commerce, described in the Ho- 
meric poems and other ancient works, when the 
transfer of commodities was effected by means of 
quantities of unstamped gold, silver, or copper, 
which were determined by weight, money, pro- 
perly speaking, did not exist On the other hand, 
it mere stamp, on a material of little intrinsic value, 
does not make it money, but a mere token of 
credit, which is sometimes loosely and inaccu- 
rately called money. This sort of so-called money 
was sometimes, though rarely, employed by the 
ancients, and that chiefly by the barbarous nations ; 
the civilised states preferred the subterfuge of de- 
basing their coinage to any attempt to introduce 
the element of credit avowedly into their monetary 
system. They had nothing like our paper money 
or bills of exchange. 

III. Mutrri'l/t of mirirnl Monry. — Tin- ciitl- 

ditions whicli any material used for money must 
of necessity answer are obviously the following : 
— it must exist in sufficient abundance ; it must 
lie of intrinsic, that i.i, universally acknowledged 
value, and, as nearly as possible, of uniform value ; 
it must be capable of resitting wear and corrosion ; 
it limit lie portable, easily divisible, and not diffi- 
cult to work into those sizes and to mark with 
those stamps, which determine and certify its 
quantity and quality. These conditions are best 
fulfilled by the metals gold, silver, and copper, 



which therefore have formed, either separately or 
in combination with each other, the materials of 
nearly every system of money which has ever ex- 
isted. The history of their use by the Greeks 
and Romans will be noticed presently ; but it is 
necessary first to say a few words respecting some 
other substances, which were anciently employed 
for money. 

Iron was used by the Lacedaemonians and By- 
zantines, probably on account of the abundance of 
the metal in Laconia and on the shores of the 
Euxine. (Pollux viL 106 ; besides numerous other 
testimonies.) Aristotle, who in the passage al- 
ready quoted, mentions iron and silver as examples 
of the materials of money, tells us elsewhere (Oecon. 
ii. 2) that the people of Clazomenae had iron 
money ; and there are some obscure testimonies 
respecting the use of iron money in the earliest 
age of Rome (Suid. s. v. 'Aaaapia). Not a speci- 
men of iron money is now extant a fact easily ac- 
counted for bv the liability of the metal to rust 
( Eckhel, Profeg. 6.) 

Tin was coined by Dionysius at Syracuse 
(Aristot Uecon. ii. 2 ; Pollux, ix. 79); but this 
is the only notice of such money, except a law in 
the Digest, which refers merely to spurious coins. 
(48. tit. 10.) No specimens are extant. (See 
further, Eckhel, /. c.) 

Leaden money is not unfrequently mentioned by 
the poets, and not a few coins or medals of it are 
preserved ; but it is doubtful whether they were 
true money. (Eckhel, I.e.) 

Leather, tcood, and shells are also referred to as 
materials of money ; but such monies could only 
have been tokens, not true coin. Leather money 
is said to have been used by the Carthaginians, 
Spartans, and Romans. (Eckhel, I.e.) 

IV. Distinction between ancient Money and 
Medals. — It is no longer necessary to examine 
the paradoxical assertion of Sebastian Erizzo, that 
all the ancient coins which have come down to us 
are mere medals, and were never current money. 
(See Eckhel, Proleij. c. 5.) But the question is very 
important, whether any among them were mere 
medals, and if so, how they are to be distinguished 
from the coins which were used as money. This 
question is fully discussed by Eckhel (/. a), who 
lays down the following as the chief criteria for 
distinguishing between them. 

When we find a continuous series of coins, 
having the same, or nearly the same weight, stamp, 
and style of workmanship (allowing for the decline 
or improvement of the art) ; or when we find a mul- 
titude of specimens of the same coins, and that too 
in different places ; when the stamp upon a coin 
expresses its weight or its denomination ; in these 
cases there can be no doubt that the coins, 
if genuine, were real money. These tests nre 
answered by the general ' series of Roman copper, 
silver, and gold coins ; by most of those of the 
Greek states j by the gold and silver coins of 
Philip, Alexander, and bin successors ; and by the 
ristojihori of proconsular Asia. On the other hand, 
those appear to be medals, and not coins, which 
very much exceed in size the ordinary coins, such 
as the celebrated and beautiful gold medals of 
Lvsimachus, many gold medals of the Romnn 
l'.in|iirc, and some silver medals which occur only 
under the later emperors. The question of the 
ropp< r or bronze medals is more difficult to decide 
by this test, on account of the large size of the 



810 



NUMMUS. 



NUMMUS. 



ancient copper money of Rome. (See Eckhel, I. c. 
p. xv.) Another test of a medal is its being of 
an unusual or very elaborate device or workman- 
ship. Respecting the occasions on which medals 
appear to have been struck, see Eckhel, I. c. pp. 
xvi — xviii. 

V. Tests of the genuineness of ancient Coins. — 
As this work is intended for the general classical 
student, and makes no pretension to be a perfectly 
adequate guide for the special study of each branch 
of antiquity, and as this branch of numismatic 
science, although of primary importance for one 
who wishes to examine the ancient coins them- 
selves, is yet one of the most intricate, and is com- 
paratively unimportant for the mere explanation of 
the Greek and Roman writers, it must suffice to 
refer to the chief writers, quoted at the end of this 
article, with only the observation that the abun- 
dance of ancient false money and modern forged 
coins is one chief cause of the great difficulties of 
the subject. 

VI. History of Greek and Roman Coins. — It 
has already been observed that the general defini- 
tion of money is a certain weight of metal of a 
certain value, that is, of a certain fineness ; the 
weight and the fineness being attested by a stamp 
upon the coin. The latter condition was not in- 
troduced until the first had long been acted upon ; 
and, on the other hand, there are many occasions 
on which the stamp upon a coin is altogether neg- 
lected, and it passes current merely according to its 
real weight and fineness : one interesting example 
of this has been noticed under As, p. 140. The 
primitive stage in the invention of money is illus- 
trated by various passages in the historical books 
of the Old Testament, and in Homer. Coined 
money is never once mentioned in the Homeric 
poems ; but the instrument of all the traffic re- 
ferred to in them is either simple barter, or quan- 
tities of gold, silver, and copper. Gold alone is 
referred to as measured by a definite weight, the 
rdAavTov, which in Homer appears to be quite a 
different quantity from the common talent of the 
historical period. This word was originally a 
generic term for weight, and signified a pair of 
scales, and any thing weighed out, as well as a defi- 
nite weight. The same is true of the Latin word 
libra : the original meaning of the equivalent word 
as was merely unity, or a unit, whether of weight 
or of anything else. The other principal Greek 
word, fj-va, which is later than the Homeric poems, 
is, undoubtedly, of Oriental origin, and probably 
means anything divided, apportioned, or deter- 
mined, akin to the Hebrew maneh, and to fivaofj.a.i, 
monere, moneta, &c. These words concur with all 
the other information we have upon the subject, 
and with the very necessity of the case, to prove 
that every system of money is founded tipon a pre- 
viously existing system of weight. It is, however, 
of the utmost importance to observe, that a word 
denoting a certain weight does not, of necessity, 
when applied to money, indicate a quantity of 
metal of the same weight. For, first, the word 
talent or pound may be applied to an equivalent 
value of gold, silver, or copper, although, in weight, 
its meaning must be restricted to one of these 
metals : secondly, there may be, in the formation 
of a monetary system, an intentional deviation from 
the existing standard of weight, while the names 
of that standard are preserved : and, lastly, the 
progressive deterioration, to which history informs 



us that most coinages have been subjected, destroys 
the meaning of the terms of weight, which are 
still applied to the coins. Examples of the first 
cause of disagreement occur of necessity in every 
monetary system which contains more than one 
metal ; of the second, an interesting illustration 
will be found in the Attic weights and money ; 
and of the third, we have a striking instance in 
the progressive diminution of the Roman as. TAs.] 
Still, however, where we have no historical evi- 
dence of such discrepancies between the weights 
and monies of a people, especially in early periods, 
we assume their correspondence. If we did not, 
the attempt to reconstruct any ancient system of 
weight and money, and to express it in terms of 
our own, would be hopeless, as there would be no 
basis whatever for the investigation. Unless then 
we know anything to the contrary, we assume a 
talent of money to mean a talent's weight of the 
metal, which was chiefly used for money, namely, 
among the Greeks, silver ; and, conversely, that the 
weight of the silver coins, which make up the 
value of a talent, gives us the amount of talent- 
weight. 

In order that what follows may be better un- 
derstood, we give here the chief denominations of. 
weight and money among the Greeks and Romans. 
Among all the Greeks, the unit was the talent, 
which was thus divided (comp. Pondera and the 
tables) : — 

1 Talent* contained 60 Minae.* 
1 Mina „ 100 Drachmae. 
1 Drachma „ 6 Oboli. 

In this system we have a combination of the deci- 
mal and duodecimal systems. 

Among the Romans, the unit of weight and 
money was the As or Libra, which was divided 
on the duodecimal system, its twelfth part being 
called uncia, and the intermediate parts being 
named according to the number of unciae they con- 
tained, or according to the fractional part of the 
As which each was. In some parts of Italy, how- 
ever, (namely, Central Italy, north of the Apen- 
nines,) the decimal division of the As was used, 
the uncia being its tenth part. (Comp. As, Pon- 
dera, Uncia, and the Tables.) 

i. History of Greek Money. — The invention of 
coined money among the Greeks is ascribed by 
tradition to two sources, not to mention the merely 
mythical stories of its origin (Pollux, ix. 83). Ac- 
cording to one account, the Lydians were the first 
of mankind who coined and used gold and silver 
money (Herod, i. 94 ; Xenoph. ap. Poll. 1. c.). 
The other aud prevailing tradition is, that Pheidon, 
king of Argos, first coined both copper and silver 
money at Aegina, and first established a system of 
weights and measures. (Herod, vi. 127 ; Ephor. 
ap. Strab. viii. p. 376 ; Ael. V. H. xii. 10 ; Poll. 
I. c. ; Marm. Par. 45, 46 ; Grote, History of Greece,, 
vol. ii. p. 424 : the date of Pheidon, according to 
the Parian Marble, is B. c. 895 ; but Grote, Clinton, 
Bdckh, and Muller all agree in placing him about 
the middle of the eighth century, between 783 
or 770 and 744 or 730, b. c. ; see Grote, I. c. 
p. 419.) These traditions are not altogether in- 
consistent ; only we must understand the former 
as implying nothing more than that a system of 
money existed in Asia Minor in very early times ; 

* These were not coined, but were monies o» 
account. 



NUMMUS. 



NUMMUS. 



811 



which was adopted by the Ionian colonists, from 
whom it passed over into the Ionian States of 
Greece Proper, especially Athens, under the name 
of the Eubo'ic system ; a name which it probably 
obtained from an early coinage in the island of 
Euboea, which was rich in copper and silver ores.* 
The other tradition, in all probability, expresses 
an historical fact, except as to the circumstance 
of Pheidon's executing his coinage in Aeginaf, 
which is almost certainly an invention of the later 
writers, made for the purpose of explaining the 
name Aeginetan, applied to the system which was 
established by Phcidon and adopted by most of 
the Dorian states. Thi3 system, as well as the 
former, was derived from the East, and was iden- 
tical with the Babylonian ; and, moreover, both 
systems existed together in Asia Minor, where 
the larger (Babylonian) talent was used for silver, 
and the smaller (Eubo'ic) for gold. Thus it ap- 
pears that these two systems of weight and money, 
both derived originally from the Chaldaeans, may 
be distinguished as the larger Babylonian or Argice 
or (generally, but less properly) Aeginetan, and 
the smaller BoJjylonian or Lydian or Ionian or Eu- 
bo'ic or larger Attic. The last term is used to 
distinguish the old Attic scale, which was iden- 
tical with the Eubo'ic, from the scale which Solon 
introduced, and which was considerably less ; the 
latter alone was used for money, although the 
former continued in use as a scale of weight under 
the name of the commercial standard. The talents 
of the three systems of money, which have been 
mentioned, are known respectively as the Aeginetan, 
the Eubo'ic, and the Attic or Solomon. Their nu- 
merical ratios to one another were as follows : — 

Aeginetan : Eubo'ic : : 6 : 5 

Aeginetan : Solon ian : : 5 : 3 

Eubo'ic : Solonian : : 1311^ : 100 

i. e. : : 100 : 72 

: : 25 : 13 

or nearly : : 4 : 3 

(Respecting the details of these matters comp. 

PoXI)ER.\). 

(1.) Money of the Aeginetan Standard. — Al- 
though, according to the tradition, Pheidon coined 
copper as well as silver, and although we have in- 
dications of a copper currency among the Greek 
states of Sicily and Magna Graccia, which fol- 
lowed the Aeginetan standard, yet in Greece 
Proper copper money was altogether exceptional. 
[Chalcus.] The ordinary currency in all the 
states was silver, the principal coins being the 
drwhma,ax\& its double ( JUpaxMO*'), and quadruple 
(t#t pdtpaxnov), the didrachm prevailing in the 



* Mr. Grote's derivation of the names Eubo'ic 
and Aegim tun, "from the people whose commercial 
nctivity tended to make the scales moat generally 
known — in the one case, the Aeginctans ; in the 
other case, the inhabitants of Chalcis and Eretria" 
(vol. ii. p. 432) — is at hast as probable as that 
suggested in the text. 

t The stateme nt (Etym. Mag. i. v. ZiiGotKov 
louorua) that Pheidon's coinage was struck in a 
place of An/of railed Eulioea, obviously arose from 

n confusion, in the head of the compiler, bct» n 

the Aeginetan and Kiibo'ic standards ; and th-it, 
aftrr the frequent fashion of the grammarians, at- 
tempting to set right a blunder by a wilful mis- 
statement, he invented the Argolic Euboea, 



older coinages, and the tetradrachm in the later. 
Didrachms are the prevailing coin among the ex- 
tant specimens of Aeginetan money : tetradrachms 
among the Attic. The didrachm, from its preva- 
lence in the early coinages, obtained the name of 
stater (<rraTijp, i. e. standard), which was after- 
wards used specifically as the name of the chief 
gold coins, because they were of the same weight 
as the silver didrachm [Stater]. There still 
exist numerous Aeginetan drachms, didrachms, and 
tetradrachms of undoubted genuineness ; many of 
the highest antiquity. The earliest of these coins 
are very thick, and of rude workmanship : they 
are stamped with the figure of a turtle, the reverse 
having no device, but only an indented mark, as if 
the coin, at the time of striking, had been laid 
upon a puncheon, the impress of which has been 
transferred to it by the weight of the blow. In 
the later coins of Aegina, the turtle is changed into 
a tortoise, and the other side bears a device. (See 
the woodcut on p. 439.) 

In calculating the weight of the Aeginetan coins, 
we are at once met with one of the great sources 
of uncertainty in numismatics, namely, the doubt 
whether the existing coins of any system are of 
full weight, which doubt, in the great majority of 
cases, experience converts into the certainty that 
they are not. The chief exception to the general 
debasement of ancient money was the silver money 
of Athens, which, at least until some time after 
the Peloponncsian War, was proverbial for its full 
weight and purity. One method, therefore, is to 
take the best Attic coins as the standard of com- 
putation, not only for the Attic system, but also 
for any other system which bore a known deter- 
mined ratio to the Attic. Now, taking Hussey's 
value for the Attic drachma, G6 .5 grains (which, 
if there be any error, is a little below the mark), 
the Aeginetan drachma ought to weigh between 
1 10 and 1 1 1 grains.? Its actual average weight, 
however, as obtained by Mr. Husscy from the 
coins of Aegina and Boeotia, is only 96 grains. 
There is, of course, the alternative of using this dis- 
crepancy as an argument against the ratio of 5 : 3 for 
the systems of Aegina and Athens ; and this course 
Mr. Husscy has adopted. But Bbckh has shown 
most conclusively that this explanation is totally 
inailmissible. We have not space to discuss the 
question at length. It must suffice to observe 
that, if any one fact in ancient metrology is to be 
accepted as established by testimony, it is the 
fact of this ratio of 5:3; — that the fact of the 
prevailing debasement of ancient coinages, by 
which the discrepancy above noticed may be ex- 
plained, is also one of the most certain facts in the 
whole subject ; — that coins are actually found of 
the Aeginetan system, which come very nearly up 
to the full theoretical weight, those, namely, of 
Melos and Byzantium, both Dorian settlements, 
and those of the Macedonian kings before Alexan- 
der the Great.JS To these positive arguments it 
may be added, that Mr. Hussey's attempt to ex- 
plain awny the statement of Pollux, that the Aegi- 

* Ilikkb, from n rather higher value of the Attic 
drachma, gives the following theoretical weights 
for the Aeginetan coins: the didrachm 224*5.0 
grains, the drachm 112*295 grains, the obolus 
111*7 1 •> grains (p. 77). 

§ These Mr. Ilussey is compelled by his theory 
to erect into a distinct standard. 



812 



NUMMUS. 



NUMMUS. 



netan talent contained 10,000 Attic drachmae, as 
not referring to the genuine ancient money, but to 
the coins which passed as drachmae under the 
Roman empire, and which either were, or were 
equal to denarii, — is not only unsupported by 
any actual evidence, but is easily proved to be 
fallacious. Some minor, but important, arguments 
are satisfactorily disposed of by Bdckh. (Meirol. 
Untersueh. pp. 77, foil. ; comp. Grote's Review in 
the Classical Museum, 1844, vol. i. pp. 10, 11 ; 
Hussey, Ancient Weights, pp.31, foil., 61, foil.) 
For the actual value of the Aeginetan silver 
money, as compared with ours, see Drachma and 
the Tables. 

The Aeginetan system of money was adopted 
throughout the Peloponnesus (except perhaps in 
Achaea) in Boeotia, and Northern Greece generally, 
up to Thessaly, in Macedonia, in Crete, and gene- 
rally in the Dorian settlements in the Aegean and 
on the coast of Asia Minor ; and also in the 
Dorian states of Italy and Sicily, where, however, 
it assumed a peculiar form though coming into 
connection with the native Italian system (see 
below). In Egypt also, the coins of the Ptolemies 
appear to have been at first conformed to the 
Aeginetan system ; but they were soon very much 
debased. One state, in which the Aeginetan system 
was adopted, demands special notice. At Corinth, 
as being a Dorian state, and from its proximity to 
Argos, there can be no doubt that the Aeginetan 
system was adopted, to which in fact some of the 
oldest extant Corinthian coins approach very near. 
But we also find a smaller Corinthian stater or 
didrachm of 10 Aeginetan obols, which, according 
to the fixed ratio of the Aeginetan to the Eubo'ic 
scale (6 : 5, i.e. 12 : 10) would be 12 Euboic 
obols, or a didrachm. This coin seems also to be 
equivalent to that found in Sicily as the piece of 10 
litrae (Se/cctAcrpoe or oeKaKnpos ararrip). Hence 
it would seem that the Euboic scale was early in- 
troduced at Corinth, a fact which might easily 
have been anticipated from the position and com- 
mercial activity of that state. This Corinthian 
stater or didrachm seems to have passed at a later 
period, at a depression of 1-1 0th of its value, that 
is, as 9 Aeginetan obols. The Attic (Solonian) 
scale seems also to have been introduced at an 
early period into Corinth, and afterwards to have 
been used there in preference to the Aeginetan 
and Euboic. Through Corinth, the Attic standard 
was introduced into Sicily and several states of 
Western Greece, such as Ambracia, Anactorium, 
Leucas, Amphilochia, Aetolia, and the Locrians. 

Respecting the gold money of Aegina and the 
other Greek states, see Stater. 

(2.) Money of the Eubo'ic Standard. — In Asia 
Minor, under the Persian empire, the tribute in 
gold was paid in Euboic talents: but we must 
here understand weight alone to be referred to : 
for the weight of the existing darics shows clearly 
that the Persian money was conformed to the 
Babylonian standard. That there were in some 
parts of Greece, current coins of the Euboic 
standard of weight, is proved by the very term 
EvSoiithv v6/j.iafia, and such coins are found among 
the extant money of the Euboean cities and their 
colonies, especially those of Chalcis. First, how- 
ever, the standard may be obtained theoretically 
from the Attic and the Aeginetan ; and in this 
manner, from Hussey's value of the Attic drachma, 
we obtain about 92 grains for the Euboic drachma, 



or, from Bockh's value, rather more than 93£ (or 
93-5792, Bockh, p. 109). There exist several 
coins of Chalcis itself, of Rhegium in Italy, Naxos 
in Sicily, and other Chalcidian cities, which come 
quite as near to this standard as could be expected. 
(See Bockh, I. c. and foil.) The Euboic gold 
money is singularly scarce, and the few pieces 
that exist only give rise to new difficulties. 
(Bockh, I. c. § 5.) 

(3.) Money of the Attic (Solonian) Standard. — 
Before the time of Solon, the standard of weight 
used at Athens was the Euboic ; and there still 
exist coins, evidently from their form and work- 
manship among the most ancient we possess, which 
appear to be didrachms of the Euboic scale. 
These coins are stamped with the figure of an ox, 
which we know from several ancient writers to 
have been the regular impress upon the oldest 
Attic coins. (Schol. A.B.L.ad Horn. II. vi. 236 ; 
Etym. Mag. s. v. l/caTO/ig?) ; Pollux, ix. 60 ; Dio- 
genian. iii. 48 ; Hesych. s. vv. [lovs iirl -yXwaari, 
Seicdgowv ; Zenob. ii. 70 ; Suid. s. v. fiovs iirl 
7Ac6ttijs). This coin was called /SoCs, and its 
origin was carried back mythically to the time of 
Theseus, who was said to have first coined it, and 
to have stamped it with the figure of an ox, in 
allusion either to the Marathonian bull, or to the 
Minotaur ; reasons which are mere guess-work.* 
(Plut. Thes. 25.) This didrachm or Povs was the 
chief coin of the old Attic system : in the Solonian 
system the chief coin was the tetradrachm stamped 
with the head of Athena and the owl, and this 
also received a name from its impress, and was 
called y\av£. (Philoch. ap. Schol. ad Aristoph. Av. 
1106.) The latter device continued to be the 
prevailing one throughout the whole history of the 
Athenian coinage. (See the wood-cut on p. 438.) 
Bockh supposes that the didrachms of the old 
Attic system passed for tetradrachms in the later 
(or Solonian) currency. 

The politico-economical history of Solon's alter- 
ation of the Athenian currency does not belong to 
the present subject. (See Grote's History of Greece, 
vol. iii. pp. 131, foil.) That legislator is known to 
have lowered the standard of money in order to 
relieve debtors, and Plutarch (Solon, 15) informs 
us, on the testimony of Androtion, that " Solon 
made the mina of 100 drachmae, which had for- 
merly contained 73." It is incredible that a large 
prime number, such as 73, should have been used 
as a multiplier in any system of weights ; but what 
Plutarch meant to say was, that Solon made a mina 
or 1 00 drachmae out of the same quantity of silver 
which was formerly used for 73 drachmae. The 
value, therefore, of the Solonian money to that of 
the old standard was as 73 : 100. Now this was 
very nearly the proportion of the old or commercial 
weight to the new silver weight, namely, 100:1 38, 
= 72i|- : 1 00, or, more exactly, as Bockh has shown, 
as 100 : 138f=72 : 100=18 : 25. [Pondera.] 
But why should Solon have adopted so singular S 
proportion ? Bockh suggested in his Public Eco- 
nomy of Athens that it was probably an accident j 
that Solon intended to reduce the mina one-fourth, 
that is, to make 100 drachmae of the new coinage 
equal to 75 of the old, but that by some inaccuracy 

* The ox on the coins of Euboea is supposed to 
be in allusion to the name of the island, and pos- 
sibly the Attic coins may have borrowed the type 
from the coins of Euboea. 



NUMMUa 



XUMMUS. 



813 



of manufacture the new coins were found to be a 
little too light ; and as Solon's coinage furnished 
the standard for all subsequent ones, the error was 
retained ; and that, in fixing upon one-fourth as the 
amount of the reduction, Solon was guided by the 
wish of assimilating the Attic system to the Eubo'ic, 
which, according to this view, would be different 
from the old Attic. A more complete investigation 
of the subject has, however, convinced that dis- 
tinguished scholar that he was mistaken in sup- 
posing the Eubo'ic standard to be distinct from the 
old Attic, and that the true reason of the precise 
amount of debasement adopted by Solon teas in order 
to bring his new system into a simple definite ratio, 
namely 3 : 5 to the Aeginctan, which the Pheidonian 
institutions had established throughout the greater 
part of Greece. (For the full development of the 
argument, see Bb'ckh, Meirologische Untersuehungen, 
c. ix., and for the denominations and values of the 
Attic silver money, see Drachma). 

It was the boast of the Athenians that their 
coinage was finer than all other money in Greece, 
and Xenophon says that they exchanged it with 
profit in any market (Aristoph. Run. 732 ; Xen. 
i'ect. iiL 2) : there is, however, a distinction to be 
made in this respect between the Attic coins of 
different ages, which are easily distinguished by 
their form and workmanship. The most ancient 
are very thick and extremely rude. The second 
kind, which appear to belong to the age of Pericles 
and Xenophon, are also of a thick form, but not so 
clumsy in appearance. The third, which belong to 
a later period, are broad and thin. Most of the 
extant specimens arc of very fine silver. Some 
writers have supposed that they are quite free 
from baser metal ; but the experiments which have 
been made show that the finest possess a small 
quantity of alloy. Mr. Hussey found upon trial 
( Ancient Weights and Money, p. 45 ), that the most 
ancient Athenian coins contained about of the 
weight alloy, the second kind about ^Vn and the 
more modern about yVf ; the last of which is nearly 
the same alloy as in our own silver coin. 

The purity and full standard of the Attic silver 
money, and the commercial character of the people, 
will account easily for its wide diffusion throughout 
the Grecian states. It was adopted at an early 
period by Corinth and her colonies ; and thus was 
introduced into Sicily and Italy, where we find it, 
not only in the coins of Rhegium and Tarcntum, but 
even in those of Populonia; but in most of these cases, 
it existed side by side with the Aeginctan stand- 
ard. It is also found in the Liter coins of Euboca 
and of Crete, and in those of Thasos and Acan- 
thus. It is probable that it prevailed extensively 
in the Ionian islands and cities of the Aegean Sea, 
but there arc great difficulties connected with the 
coins of many of these states, and some of them 
(Chios, for example) seem to have had standards 
altogether distinct and peculiar. The Attic standard 
prevailed in Western Greece. The Thessalian 
confederacy had, at a late period, coins on the 
Attic scale ; and the money of some of the bnrl>a- 
rian nations of Eastern Europe appears to belong 
to the same standard. It also formed the basis of 
the later Macedonian coinage, having been adopted 
by Philip for gold [AuRUM, Stater], and by 
Ali-xander for silver. It was followed likewise 
by (he Selcucidoc in Syria, and by Pliiletaerus in 
l'ergamus. 

There ore many other points connected with 



Greek money in general, and with the systems of 
particular states, which cannot be comprised within 
the limits of this article, but which are fully treated 
of in the works referred to at the end of it. The 
details of the minting of the money and the laws 
affecting it will be found under Moxeta. 

ii. History of Roman and Italian Money. — The 
earliest coinage at Rome was of copper. Its his- 
tory has been already given under As. 

Silver was not coined at Rome till B. c. 2G9, five 
years before the first Punic war (Plin. H. X. xxxiii. 
3. s. 13) ; but the Roman coinage of silver never 
appears to have been so free from baser metal as the 
best Athenian coinage. Under the Emperor Gal- 
lienus, the coinage was so much debased that it 
contained 4; silver and ^ alloy. In the time of the 
republic the impression on silver coins was usually, 
on the obverse, the head of Rome with a helmet, 
the Dioscuri, or the head of Jupiter ; and on the 
reverse, carriages drawn by two or four animals 
(bigae, quadrigae), whence they were called respec- 
tively bigati and quadrigati, sc. nummi. The prin- 
cipal silver coins among the Romans were the 
denarius and sestertius. [Denarius, Sester- 
tius.] Respecting the Roman gold money, see 
Aurum. 

Among the interesting matters which are here 
passed over for want of space, and as not of great 
importance for the ordinary classical student, are 
the fuller discussion of the early systems of the 
other states of Italy besides Rome, and the descrip- 
tion of the coins of the later empire. On the for- 
mer subject, the reader is referred to Muller's 
Etrusker, and Abcken's Mittelitalien, on the latter 
to Eckhel. 

iii. Connection of the Greek and Roman Systems 
in Sicily and Lower Raly. — For the reasons just 
assigned, some very brief remarks must suffice 
for this part of the subject, though it is one of 
the most interesting in the whole range of numis- 
matics. It is also, however, one of the most 
difficult, and its full discussion would require a 
separate work of no small dimensions. We find 
in Sicily and Lower Italy all the three chief sys- 
tems which prevailed in Greece, and also the 
Italian system, not kept distinct, but brought into 
connection ; besides a system which may be called 
specifically Sikelian, as it is not found else- 
where, and besides also the Carthaginian system. 
Of the three systems imported from Greece, the 
Aeginctan was naturally brought by the colo- 
nists from Corinth and Rhodes, who were the 
chief Dorian settlers in Sicily ; the Eubo'ic was 
similarly introduced by the Chalcidian colonists, 
and also from Corinth ; and the Attic was im- 
ported through commerce, both directly and by 
way of Corinth. The Italian is supposed by 
Uiickh to have been introduced by the commercial 
activity of the Etruscans at n very early period. 
Undoubted evidence of the existence of the last 
system is furnished by the ve ry words Ai'rpa and 
ouyKia, which it is impossible to explain otherwise 
than as being the Italian libra and uncia. It is 
important to observe that we have here a mixture, 
not only of diffi-rrnt standards of weight and 
money, but also of different systems of arithmetical 
computation, the mixed decimal and duodecimal 
system of the Greeks coming into collision with 
the purely duodecimal system of the Italians. 

In adnpting these systems to one another, it 
would seem that the /vuW of the Italian system 



811 NUMMUS. 
{libra, XiTpa) was identified, not, as some have 
supposed, with the mina, but with the half mina of 
the Aeginetan scale ; and, consequent^, that 120 
pounds went to the talent, as we are expressly in- 
formed by the Tauromenian inscription ; and that 
copper money was coined in conformity with this 
standard. 

Pollux (ix. 80—82) refers to Aristotle's Polity 
of tlie Himeraeans, for an account of several de- 
nominations of Sicilian coins, and of these he men- 
tions the ovyicia, as equal in value to one chalcus; 
the 5i£3r, equal to two ckalci ; the rpitas to three ; 
the rifiiKiTpoi/ to six ; and the Xirpa, which is an 
obol; the SiKaXirpov, he adds, still quoting Aris- 
totle, is worth ten obols, and is the Corinthian stater. 
He then proceeds to state that there were many 
passages of the Attic, as well as the Dorian, co- 
medians, in which these coins were alluded to, and 
he quotes lines from Diphilus, and from Epichar- 
mus, in which mention is made of the Xirpa, the 
Tlfi'tAcTpov, the i\6.vTiov (a diminution of e£«s), 
the irei/TciyKiov, and the SttcdXtTpos ararrjp, as 
silver coins. A little before this, he quotes from 
Aristotle's Polity of the Agrigentines the statement, 
that the litra was equal in value to an Aeginetan 
obol. (Compare, to the same effect, Pollux, iv. 
174, 175.) 

From these statements, it appears that, in the 
Sicilian silver money, the Eubo'ic and Aeginetan 
scales were connected just as we have seen that 
they already were in one of the systems, from 
which the Sicilian money was derived, namely, in 
the Corinthian didrachm or stater of ten Aeginetan 



NUMMUS. 
obols, which may be regarded as forming the 
iTTaTTjp, or chief coin, of the Sicilian system also : 
that then, the obol, being identified with the Xlrpa, 
was subdivided, just like the Italian pound, from 
which its name was derived, into twelve parts or 
ounces (oyic'iai, ovyiclcu, i. e. unciae), each of which 
was a cImIcus (xaXicovs : what this chalcus really 
was, we shall presently endeavour to show). 

As to the intermediate parts of the pound or 
XWpa, it is evident, from the explanation which 
Pollux gives of Si^as and rp^as, that he supposed 
tliem to be named from the number of ounces they 
contained, as was clearly the case with the wev- 
Tcoytcwv, according to the analogy of which, if the 
idea of Pollux had been right, 8i£as and Tpi£3s 
would have been respectively h~id>yKiov and Tpiiiy- 
kiov (like teruncius). Bentley has conclusively 
shown (quoted by Bbckh, p. 293) that, in this 
matter, the Greek grammarians fell into a very 
natural error, through not understanding a system 
foreign to that of their language, and that, in fact, 
the parts of the litra were named, as the general 
rule, not from the number of ounces they contained 
(except in the case of the itevrwyKiov, like the 
Latin quincunx, an exception easily accounted 
for by the difficulty of expressing the fraction 
5-12ths by a single word), but from the fractional 
part of the litra which each of them was equal to, 
just as in the Latin system. The following table 
shows the whole scale, with the corresponding 
Latin names, and with the values of the coins in 
silver obols of the Aeginetan standard and in the 
copper coins called chalci : — 



Denominations. 



Values. 



aTaTjjp or 8e- 
KaXirpov 

Xirpa 
vijuXiTpov 

TTSVTUiyKlOV 

Tpias 
Terpas 

ovyic'ta 



-. f ] asses, decussis ~) r in -u i i f 

)= lOAfrpa, =J afterwards i = { ^ } = { 
-» (_ denarius J L e ■ J ^ 



12 ovyidai 
6 
5 



4 



] asses, decussis 
afterwards 
denarius 
as or libra 
semis 
quincunx 
triens 
quadrans or te 
runcius 
sextans 
uncia 



I 1 



1 obol = 



12 obols or 
1 didrachm 

Eubo'ic. 
12 chalci 

6 „ 

5 „ 

4 „ 



Just as in the Latin system, so in the Graeco- 
Sicilian, there seem to have been no coins between 
the half and whole Xlrpa. Thus, in the second 
passage quoted by Pollux from Epicharmus, a 
sum of money is expressed as consisting of Xirpa 
Kal SendXirpos aTa.Trip,kl6,vTi6t> re Kal -KevrwyKiov. 
Even as denominations of weight we have (so far 
as we know) no terms corresponding to the Latin 
septunx, bes, dodrans, dextans, and deunx. Bbckh 
supposes that this system was introduced in Sicily 
about 01. 40 or 50, B. c. 620 or 580. 

The worth of the chief coin in this system, the 
silver litra, or Aeginetan silver obol, must evidently 
be assumed to have been, like the Italian libra, 
the value of a ■pound-weight of copper. 

The gold money of this scale has already been 
spoken of under Damaretion. 

For further details on the whole subject, see 
Bockh, Metrol. Untersuch. c. xix. 

Besides the litra, we find the word nummus 
( vov/j.fios) itself in the Sicilian system as the name 
of a particular coin. The Greek origin of the 
word is attested by several of the grammarians. 



(Varro, L. L, v. 36. s. 67, ed. Muller ; Pollux, ix. 
79; Festus, s. v. ; Suid. s. v. v6fios.) Pollux (I.e.) 
quotes two passages from Epicharmus, in which 
the word is used in the specific sense, for a parti- 
cular coin ; and he adds the statement, from 
Aristotle's Polity of the Tarentines, that povfifios is 
the name applied by them to a coin, on which 
Taras was represented carried on a dolphin. The 
grammarians gave the value of the Sicilian num- 
mus as \\ Attic obols, in connection with a small 
talent, peculiar to Sicily, or rather two such talents, 
the older containing 24 nummi and the later 12. 
From a careful criticism of these statements, and 
from an examination of the extant coins, Bbckh 
comes to the conclusion, that the nummus was 
originally the same as the litra, but that, when 
the Attic standard came into common use, this 
nummus or litra was diminished by 1-1 0th, in 
order to bring it into conformity with that scale ; 
and by this change it became of the Aeginetan 
obol, which is equal to 14; Attic obols, or the 
fourth part of an Attic drachma. Thus we get 
the simple law by which the Sicilian money was 



NUMMUS. 



XUXDIXAE. 



8)5 



connected with the Attic, namely, 4 nummi = 
1 drachn. Hence, also, we see how the ounce of 
the Sicilian system came to be identified by the 
Greek writers with the chaicus, in its specific 
sense. The Attic chalcus was 1 of the obol 
[Chalcus] ; hence 12 rhalci would make up li 
Attic obols, that is (restoring the 1-1 Oth of depre- 
ciation), an Aeginetan obol, or a Sicilian litra. 
The nummus of the Tarentines, mentioned in the 
above passage from Pollux, and which was also 
used at Ileracleia, was a much larger coin, and is 
probably the same as the full-weighted Aeginetan 
drachma (Zpaxnh iroxfio), which came near 
enough to the Attic didrachm to be identified 
with it when the currencies came to be mixed. In 
fact the word nummus was evidently applied (like 
araTrtp in Greece) to the chief current coin in any 
system, and it may therefore have had very dif- 
ferent values : Plautus actually uses it for the 
didrachm. 

For a further account of the Sicilian nummus 
and small talent, and the Attico-Sicilian system, 
see Bockh, cc. xxi. xxii. 

iv. On the Value of Ancient Money in terms of 
our own. — When we endeavour to express the value 
of ancient coins in terms of our own, we meet with 
certain difficulties which require particular con- 
sideration. If we take for example, a drachma, 
and a shilling, and make a comparison of their 
weight and of the fineness of the silver in each, 
we at once obtain a determinate ratio for the value 
of the one to the other ; and it might appear 
to a thoughtless person that, having thus found 
what fractional part of a shilling a drachma is, we 
might substitute that value for the drachma, its 
multiples and parts, wherever they are mentioned 
by ancient authors ; and so of the other coins ; 
and that thus we might express all ancient money 
in terms of our own. Of course we might do so ; 
but it does not follow that, after doing so, we 
should at all obtain what we are seeking, a true 
idea of the value of ancient monet/, in any sense 
which can throw light on the numerous social, and 
economical, and political questions, which the de- 
termination of its value may affect. Even the 
coins themselves give different results according as 
we compare the gold or the silver with our gold 
or silver, and also according as we compare them 
with the true value of the metal in the coin and 
the value at which the coin is current ; our shilling, 
for example, is current at rather more than its 
real value. Another source of disagreement, in 
comparing the gold and the silver coins with ours, 
is the different ratios of the value of gold to that 
of silver in ancient and in modern times. (See 
ABSENT I'M, Aum'si.) The only course left is 
to express the value of the ancient coins in terms 
of the current ra/ue of our coins, choosing the 
sovereign or shilling as the standard just as wc 
may prefer, but in making use of the values so 
obtained, to remember that they are comparatively 
worthless, until by other investigations we have as- 
certained the value of money <t.i cf>mj>arcfl with com- 
modities at different periods of ancient history. 
Such investigations form no part of our present 
subject. The reader is referred for them to 
Bbckh'a 1'ultlic Kamnmy of Athens, and to Jacob's 
History of the I'recioui Meinls. The Table, ap- 
pended to this work are constructed on the prin- 
ciple we have described. 

It is unnecessary to nuke any attempt to give a 



complete list even of the chief books on numisma- 
tics. All the earlier works are referred to in one 
or other of the few books which we now proceed 
to mention as those which are most important for 
the student who wishes to pursue the subject fur- 
ther : — Eckhel, Doctrina Numorum Veterum, 8 
vols. 4to., Vindobon. 1 792 — 1 839, some of the 
volumes being second editions ; Rasche, Lexicon 
Vniversae Rei Xumariae, 7 vols. 8vo., Lips. 1785 
— 1805 ; Worm, de Pondcrum, Numorum, Mcn- 
surarum, ac de Anni ordinandi Rationibus, apud 
Romanos et Gruecos. Stutg. 1831, 8vo. ; Hussev, 
Essay on the Ancient Weights and Money, Oxf., 
1 836, 8vo. ; Bbckh, MetrologiscJie Untersuchungcn 
iiber Gewic/de, Al'unzf'usse, und Masse des Alter- 
thums in ihrem Zusammenhange, Berlin, 1838, 
8vo ; Grate's Review of Bockh's work, in the 
Classical Museum, vol. i. [P. S.] 

NUNCUPATITJ. [Testa MENTr.M.j 
XU'XDIXAE is invariably and justly derived 
by all the ancient writers from novem and dies, so 
that it literally signifies the ninth day. (Dionvs. 
Ant. Rom. ft. 28, vii. 53; Macrob. Sat i. 16; 
Festus, s. v. Nundinalem Cocum.) In ancient Ca- 
lendaria all the days of the year, beginning with 
the first of January, are divided into what we may 
call weeks, each containing eisht davs which are 
marked by the letters A, B, C, D, *E, F, G, H. 
Xow it is admitted on all hands that this division 
is made to mark the nundinae, for even - eighth 
day, according to our mode of speaking, was a 
nundinae. There were thus always seven ordi- 
nary days between two nundinae. The Romans 
in their peculiar mode of reckoning added these 
two nundinae to the seven ordinary days, and 
consequently said that the nundinae recurred every 
ninth day, and called them nundinae, as it were 
novemdinae. A similar mode of stating the num- 
ber of days in a week is still customary in Ger- 
many, where, in common life, the expression eight 
days is used for a week, and the French and 
Italians in the same manner call a fortnight quinze 
jours and r/uindici giorni. 

The number of nundinae in the ancient year of 
ten months was 38 ; and care was always taken 
that they should not fall on the calends of January 
nor upon the nones of any month (Macrob. Sat. i. 
13 ; Dion Cass. xl. 47, xlviii. 33), and in order to 
effect this, the 355th day of the lunar year (dies 
intercalaris) was inserted in such a manner as to 
avoid the coincidence of the nundinae with the 
primac calendae or the nones. Macrobius save 
that it was generally believed that if the nundinae 
(ell upon the primac calendae, the whole year 
would be signalised by misfortunes ; the nones 
were avoided because the birthday of king Scrvius 
Tullius was celebrated on the nones of every 
month, as it was known that he was born on the 
nones of some month, though the month itself 
was not known. Xow, as on the nundines, 
the country-folk assembled in the city, the 
patricians feared lest the plebeians gathered at 
Rome on the nones might become excited and en- 
danger the peace of the republic. These reasons 
are indeed very unsatisfactory, as Guttling (Getch. 
d.r Ham. .Staahlv. p. 183) has shown, and it is 
more probable that the calends of January were ill 
suited to be nundinae, because this day was gene- 
rally spent by every father in the bosom of his 
own family, and thnt the nones were avoided, be- 
cause, as Orid (I'ast. i. 58) says, Nonarum tutela 



816 



NUNDINAE. 



OBELISCUS. 



deo caret. But at the time when the Julian calen- 
dar was introduced, these scruples, whatever they 
may have been, were neglected, and in several 
ancient calendaria the nundinae fall on the first of 
January as well as on the nones. (See Graevius, 
Thesaur. vol. viii. p. 7, and the various ancient 
Calendaria. Both before and after the time of 
Caesar it was sometimes thought necessary, for re- 
ligious reasons, to transfer the nundinae from the 
day on which they should have fallen to another 
one. (Dion Cass. lx. 24.) The nundinae them- 
selves were, according to Plutarch (Quaest. Rom. 
p. 275, b), sacred to Saturn, and, according to 
Granius Licinianus {ap. Macrob. Sat. i. 16) the 
Flaminica offered at all nundinae a sacrifice of a 
ram to Jupiter. 

It is uncertain to whom the institution of the 
nundinae is to be ascribed, for some say that it was 
Romulus (Dionys. ii. 28 ; Tuditanus, ap. Macrob. 
Sat. I. c), and others that it was Servius Tullius 
(Cassius Hemina, ap. Macrob. I.e.), who instituted 
them, while the nature of the things for which 
they were originally set apart seems to show that 
their institution was as old as the Romulian year 
of ten months, or at least that they were instituted 
at the time when the Roman population extended 
beyond the precincts of the city itself. For the 
nundinae were originally market-days for the 
country-folk, on which they came to Rome to sell 
the produce of their labour, and on which the king 
settled the legal disputes among them. When, 
therefore, we read that the nundinae were feriae, 
or dies nefasti, and that no comitia were allowed 
to be held, we have to understand this of the po- 
pulus, and not of the plebs ; and while for the 
populus the nundinae were feriae, they were real 
days of business {dies fasti or comitiales) for the 
plebeians, who on these occasions pleaded their 
causes with members of their own order, and held 
their public meetings (the ancient comitia of the 
plebeians) and debates on such matters as con- 
cerned their own order, or to discuss which they 
were invited by the senate. (Dionys. vii. 58 ; Ma- 
crob. I. c. j Plin. H. N. xviii. 3 ; Festus, s. v. Nun- 
dinas; compare Niebuhr, Hist, of Rome, vol. ii. p. 
213.) How long this distinction existed that the 
nundinae were nefasti for the patricians and fasti 
for the plebeians, is not quite clear. In the law of 
the Twelve Tables they appear to have been re- 
garded as fasti for both orders (Gellius, xx. 1. 
§ 49), though, according to Granius Licinianus 
ap. Macrob. I. c), this change was introduced at a 
later time by the Lex Hortensia, 286 B. c. This 
innovation, whenever it was introduced, facilitated 
the attendance of the plebeians at the comitia cen- 
turiata. In the ancient calendaria, therefore, the 
nundinae and dies fasti coincide. The subjects 
to be laid before the comitia, whether they were 
proposals for new laws or the appointment of 
officers, were announced to the people three nun- 
dinae beforehand {trinundino die proponere, Ma- 
crob. I. c. ; Cic. ad Fam. xvi. 12, Philip, v. 3, pro 
Domo, 1 6 ; Liv. iii. 35.) 

The nundinae being thus at all times days of 
business for the plebeians (at first exclusively for 
them, and afterwards for the patricians also), the 
proceedings of the tribunes of the people were con- 
fined to these days, and it was necessary that they 
should be terminated in one day, that is, if a pro- 
position did not come to a decision in one day it 
was lost, and if it was to be brought again before 



the people, the tribunes were obliged to announce 
it three nundines beforehand, as if it were quite a 
new subject. 

Instead of nundinae the form nundinum is some- 
times used, but only when it is preceded by a 
numeral, as in trinundinum, or trinum nundinum. 
(See the passages above referred to.) It is also 
used in the expression internundinum or inter 
nundinum, that is, the time which elapses between 
two nundinae. (Varro and Lucil. apud Noyiium, 
iii. 145.) The word nundinae is sometimes used 
to designate a market-place or a time for marketing 
in general. (Cic. de Leg. Agr. ii. 33, Philip. 
v. 4.) [L.S.] 

NU'NDINUM. [Nundinae.] 

NUNTIA'TIO. [Operis Novi Nuntiatic] 

NU'PTIAE.. [Matrimonii™.] 

0. 

OBAE. [Tribus.] 

OBELISCUS (ogeXio-Kos) is a diminutive of 
Obelus (bgeA6s), which properly signifies a sharp- 
ened thing, a skewer or spit, and is the name given 
to certain works of Egyptian art.* A detailed 
description of such works would be inconsistent 
with the plan of this work, but some notice of 
them is required by the fact that several of them 
were transported to Rome under the emperors. 
Ammianus Marcellinus (xvii. 4) says "that an 
obelisk is a very rough stone in the shape of a kind 
of land-mark or boundary stone, rising with a small 
inclination on all sides to a great height ; and in 
order that it may imitate a solar ray by a gradual 
diminution of its bulk, it terminates in a prolonga- 
tion of four faces united in a sharp point. It is 
very carefully smoothed." Most ancient writers 
consider obelisks as emblematic of the sun's rays. 
(Comp. Plin. H.N. xxxvi. 14.) 

An obelisk is properly a single block of stone, 
cut into a quadrilateral form, the sides of which 
diminish gradually, but almost imperceptibly from 
the base to the top of the shaft, but do not termi- 
nate in an apex upon the top, which is crowned 
by a small pyramid, consisting of four sides termi- 
nating in a point. The Egyptian obelisks were 
mostly made of the red granite of Syene, from 
which place they were carried to the different parts 
of Egypt. They were generally placed in pairs at 
the entrance to a temple, and occasionally in the 
interior, and were usually covered with hierogly- 
phical inscriptions. 

Obelisks were first transported to Rome under 
Augustus, who caused one to be erected in the 
Circus and another in the Campus Martius. (Plin. 
xxxvi. 14.) The former was restored in 1589, 
and is called at present the Flaminian obelisk. 
Its whole height is about 116 feet, and without 
the base about 78 feet. The obelisk in the Campus 
Martius was set up by Augustus as a sun-dial. It 
stands at present on the Monte Citorio, where it 
was placed in 1792. Its whole height i3 about 
110 feet, and without the base about 71 feet. 
Another obelisk was brought to Rome by Caligula, 
and placed on the Vatican in the Circus of Cali- 
gula. (Plin. xxxvi. 15, xvi. 76. §2.) It stands 
at present in front of St. Peter's, where it was 

* Herodotus (ii. Ill) uses oSeK6s in. the sense 
of an obelisk. 



OBLIGATIONES 

placed in 1586, and its whole height is about 132 
feet, and without the base and modern ornaments 
at top about 83 feet. But the largest obelisk at 
Rome is that which was originally transported 
from Heliopolis to Alexandria by Constantine, and 
conveyed to Rome by his son Constantius, who 
placed it in the Circus Maximus. (Amm. Marc, 
xvii. 4.) Its present position is before the north 
portico of the Lateran church, where it was placed 
in 1588. Its whole height is about 149 feet, and 
without the base about 1 05 feet. 

There are eight other obelisks at Rome besides 
those mentioned above, but none of them are of 
historical importance. There are also obelisks in 
various other places, as at Constantinople, Aries, 
Florence, Catana in Sicily, &c, some of which are 
works of Egyptian art, and others only imitations. 

There are two small obelisks in the British 
Museum, which were brought by the French from 
Cairo. The preceding brief account is chiefly taken 
from Long's Egyptian Antiquities, vol. i. rc. 14, 
15. London, l'2mo. 1832. 

. OBLIGATIO NES. Obligatio is denned (Inst 
3. tit. 13) to be " a bond of law by which we are 
under a necessity of releasing (solvendae) some- 
thing according to the laws of our state." Ac- 
cording to Paulus (Dig. 44. tit. 7. s. 3) the sub- 
stance of an obligatio does not consist in this, that 
its object is to make any corporeal thing (corpus) 
or serritus ours, but that it shall bind another per- 
son to give us something, or to do something, or 
to secure or make good something (ad dandum 
aliquid, vel faciendum, rel praestandum). This 
"binding " is a " legal binding," that is, the party 
who fails to perform what he has engaged to do, 
is liable to legal compulsion ; in other words, the 
duty which he owes may be enforced by suit or 
action. The duty must consist in something that 
has a pecuniary value, or may be estimated in 
money (Dig. 40. tit 7. s. 9. § 2) : if the duty i3 not 
capable of such estimation, it is not a duty which 
can be enforced by legal process. An agreement 
which cannot be enforced because it is not con- 
formable to the principles of Roman Law, is not 
properly an obligatio, but still the Romans gave 
such agreement the name of Obligatio, when it 
was conformable to the principles of the Jus Gen- 
tium, and added the term Naturalis, by which it 
is opposed to Civilis and Praetoria or Honoraria. 
Obligationes Civiles were those which produced a 
right of action according to the Jus Civile ; I'rac- 
toriac or Honorariae were those which owed their 
force to the jurisdiction of the Praetor. In the 
wider sense Civiles Obligationes comprehend Hono- 
rariae, inasmuch as the Edicta magistratuum be- 
long to Ji.s Civile in its wider sense. [Jus.] 
This is thn sense of Civiles when opposed to Na- 
turalcs Obligationes : Civiles Obligationes have 
the narrower sense when Civiles, Honorariae, 
nnd Natural' ■* arc opposed among one another. 
Those obligationes, which were viewed as based 
on the Naturalis Ratio, were peculiarly consi- 
dered as bonac fidci ; and such obligationes were 
the foundation of bonae fidei actiones, of which 
the Roman Law recognised a limited number, as 
cmti et venditi actiones ; locati ct conducti actio ; 
mandati, negotionim gestorum, tutclac actiones ; 
rommodati nctio, and some others. The term 
■Aftjtam jus (Cod. 5. tit. 13) is opposed to bona 
fides ; nnd stricti juris actiones nre opposed to 
bunac fidci actiones. Viewed with reference to 



OBLIGATIONES. 817 
the facts on which the law operated to give Ob- 
ligationes a binding force, Obligationes arose from 
Contract and Quasi Contract, and Delict (malefi- 
cium, delictum), and Quasi delict. (Inst. 3. tit. 13.) 
This division of Obligationes with respect to their 
origin was apparently viewed as exhaustive; though 
it is doubtful whether the Roman jurists really 
viewed every obligatio as included with one of 
these four divisions. For instance, it is doubtful 
whether the actio ad exhibendum was considered 
as an obligatio quasi ex contractu, or an obligatio 
quasi ex delicto. Gaius divides Obligationes into 
these : ex contractu and ex delicto ; but he intends 
to comprehend the obligationes quasi ex contractu 
under those ex contractu, and obligationes quasi 
ex delicto under those ex delicto. In his Aurea 
(Dig. 44. tit. 7. s. 1) he distributes obligationes as 
to their origin into obligationes ex contractu, ex 
delicto, and ex variis causarum figuris ; and the ex 
variis causarum figuris comprehends the obliga- 
tiones quasi ex contractu and quasi ex delicto ; in- 
deed the term is comprehensive enough to compre- 
hend all others, whatever they may be. 

Contract (contractus) was made in four ways — 
Re, Verbis, Litteris, and Consensu. 

As an example of an obligatio Re, Gaius mentions 
Mutuum [Mutuum]. Also, if a man received 
what was not due from a person who paved by 
mistake, the payer had his remedy for the recovery 
(condictio indebiti) just as if it were a case of 
Mutuum. But "this kind of obligation," observes 
Gaius (iii. 91), "does not appear to arise from 
contract, because he who gives with the intention 
of payment, rather intends to dissolve or put an 
end to (distrahere) a transaction (ncgotium), than 
to commence or to constitute (contruherc) a trans- 
action." 

To the contracts made Rc, there also belong 
Com mo datum, Depositlm, and Pignus. 

The Obligatio Verbis was contracted by oral 
question and answer between the parties. The 
form of words might be : — Dare Spondes ?■ Spondeo 
(Sponden'tu istud ? Spondeo. Plant Capt. iy. 2. 
117.) Dabis? Dabo ; Promittis? Promitto ; 
Fidepromittis ? Fidcpromitto ; Fidejnbes ? Fide- 
jubco; Facies? Faciam. The words Dare Spondcs? 
Spondeo, were so peculiarly Roman that their legal 
effect could not be preserved, if their meaning was 
transferred into another language : nor could a 
valid obligatio with a peregrinus be made bv the 
use of the word Spondeo. (Gaius, iii. 93, 179.) 
The evidence of such an obligatio must have been 
the presence of witnesses. (Cic. pro Hose. Com. 5.) 

It is to this form of contract by question and 
answer («r intcrrnrjalione et rcsprmsinne) that the 
terms "stipulari" and "stipulatio" refer. The 
word " stipulari " properly refers to him who asks 
the question : si quis ita dari stipule tor ; Post mor- 
tem meam dari spondes ; Tel ita. Cum morieris, 
spondes ? The person who asked the question was 
Stipulator ; he who answered the question was 
Promissor, and he was said Spomlcre. (Gaius, iii. 
I dO, 10.', ; Dig. 15. I !. I. a. I 13. I), Verbontm 
OUipalinnihus.) Sometimes the whole form of 
words which comprises the question nnd the an- 
swer, is comprehended in the term Stipulatio (Dig. 
45. tit 1. s. 5. § I), and the participle "Stipulata " 
is sometimes used in a passive sense. (Cic. pro 
Hose. Com. !>.) 

A stipulatio which contained an impossible con- 
dition was invalid (inutilis). As the Stipulatio was 
3 o 



818 OBLIGATIONES. 



OBLIGATIONES. 



effected by words, it was a necessary consequence 
that the parties should have power to speak and 
hear, and on this ground was founded the rule of 
law that a mutus and a surdus could not be parties 
to a Stipulatio. As to the ability of Pupilli and 
Infantes with respect to Obligationes, see Impubes 
and Infans. The Stipulator might have another 
party to the contract on his behalf, who was called 
Adstipulator. The Adstipulator had the same 
right of action as the Stipulator, and therefore a 
payment in respect of the Stipulatio could be made 
to him as well as to the Stipulator ; and the Stipu- 
lator had an actio Mandati against the Adstipulator 
for the recovery of anything that he had received. 

There were some peculiarities in the Adstipula- 
tio. The right of action did not pass to the heres 
of the Adstipulator, and the adstipulatio of a 
slave for his master had no effect, though in all 
cases he could acquire for his master by stipulatio. 
The same rule of law appeared to apply to him who 
was In Mancipio, for he was servi loco. If a son 
who was in the power of his father, became his 
Adstipulator, he did not acquire any thing for his 
father, though he acquired for him by stipulatio. 
Still his adstipulatio gave the son a right of action, 
provided he was released from the father's power 
without a capitis deminutio, as for instance by the 
father's death or by being inaugurated Flamen 
Dialis. The same rule of law applied to a filia- 
familias and to a wife in manu. 

Those who were bound for the Promissor were 
called Sponsores, Fidepromissores, Fidejussores 
[Intercessio]. 

The Obligatio Literis is illustrated by Gaius 
(iii. 128) by the instance of Nomina transcripticia, 
as when a creditor who has a debt due from a 
person in respect of a sale, or a letting, or a part- 
nership, enters it in his book (codices, or tabulae 
expend et acccpti) as a debt (expensum Mi fert : 
compare Cic. pro Rose. Com. 4, 5 ; expensum tulisse 
non elicit, cum tabulas nan recitat). This was called 
Nomen transcripticium a re in personam. It was 
called transcriptio a persona in personam, when, for 
instance, " I have entered as due from you the debt 
•which Titius owes to me, that is, if Titius has 
transferred or assigned (dchgavii) you to me." 

Cicero clearly alludes to this Literarum Obliga- 
tio in his Oration pro Roscio Comoedo. He says 
(c. 5), speaking of the plaintiff's demand : " his 
claim is for a certain sum of money (pecunia certa), 
and this must be either ' data ' (a case of obligatio 
re), or ' expensa lata ' (the Literarum Obligatio), 
or stipulata (an obligatio Verbis)." 

Some difficulty arises about the mode of con- 
verting an obligation of a different kind into an 
Obligatio Literis. The subject is discussed by 
Unterholzner (Ueber die Rede des Cicero fur den 
Schauspielcr Q. Roscius, Zeitschrift, vol. i. p. 248) in 
an ingenious essay, which, however, was written 
before the publication of the MS. of Gaius ; and it 
has since been discussed by himself and by other 
writers. Unterholzner conjectured that a third 
party, with the consent of the debtor and creditor, 
made the entry in his own books ; but there is no 
evidence in support of this assumption. Theophilus 
(Ad. tit. 1. De Lit. Oblig.) represents the Literarum 
Obligatio as a Novatio or a change of an obligation 
of one kind into an obligation of another kind, 
and this he says was effected both by words and 
writing (p-hixam xod ypafifiact). It was effected, 
according to him, by the creditor writing to the 



debtor (ypdcpeiv piifxara vpbs oiirbc) to ask his 
consent to the old obligation being made into a 
new one of a different kind, and by the debtor 
consenting. As stated by him the Obligatio Li- 
teris might be an obligatio contracted by a letter 
of the creditor to the debtor and the debtor's reply. 
In principle there would be no objection to its 
being contracted by the debtor's consent expressed 
by a subscription in the creditor's books. The 
Literarum Obligatio of Theophilus, however, rather 
seems to correspond to the other kinds of Litera- 
rum Obligatio referred to by Gaius (iii. 134), 
where he says "this obligation can be contracted 
by chirographa and syngrapha, that is, if a man 
writes that he owes a sum of money or will pay it; 
provided, however, there be no stipulatio on the 
same account." It is not impossible that Gaius 
means that the creditor might convert an obliga- 
tion of another kind into that of pecunia expensa 
by the bare entry of it in his book ; for it is no 
objection to this, as Unterholzner has it, " that a 
unilateral writing on the part of the creditor should 
have the effect of putting another person under an 
obligatio," for an obligatio was already contracted, 
which the creditor would have to prove, but if he 
could prove it, the law gave him all the advantage 
of a creditor for pecunia certa, if he had complied 
with certain forms. Gaius (iii. 137) certainly 
may be understood as asserting that this obligatio 
was contracted simply " expensum ferendo : " but 
it seems to be the general opinion that this Lite- 
rarum Obligatio required the consent of the debtor 
either orally in the presence of witnesses or by 
letter (Cic. pro Rose. Com. 5 ; Val. Max. viii. 2. 
§ 2) ; and this is not inconsistent with Gaius, for 
though he says that the debtor is bound by the 
" expensum ferendo," that does not exclude his 
consent, but merely shows what is necessary in 
order to make the consent an obligatio literis. 

The Obligationes Consensu were Emtio and 
Venditio, Locatio Conductio, Societas, Mandatum. 
All Obligationes by contract of course required 
consent and the evidence of consent ; but " these 
obligationes," says Gaius (iii. 135), "are said to 
be contracted consensu, because no peculiar form of 
words or writing was required, but the consent of 
the parties to the transaction was sufficient." Ac- 
cordingly such transactions could take place be- 
tween persons at a distance from one another, but 
a verborum obligatio required the presence of the 
parties. The actions founded on these Obligationes 
consensu were Bonae fidei. 

An Obligatio Civilis implies a right of action 
against the person who owes the duty (qui ob- 
ligatur). This right of action (ex contractu) might 
be acquired by any person who was sui juris. It 
might also be acquired for him by those who were 
in his Potestas, Manus, and Mancipium ; and by 
free men and slaves whom a man possessed bona 
fide, with certain exceptions. This right of action 
might also be acquired by a man through the acts 
of a free man who was his agent, so far that he 
could require the cession of the obligatio so ac- 
quired. 

An Obligatio was terminated (tollitur) in vari- 
ous ways. The most common way was by pay- 
ment (solutio) of what was due. A man with the 
consent of the creditor might pay another's debt, 
but the two schools differed as to the legal conse- 
quence of such payment. The Proculiani as usual 
adhering strictly to fundamental principles main- 



OBLIGATIONES. 



OBLIGATIONES. 



819 



tained that the debtor was still under his obligatio, 
but if the money was demanded of him by the 
creditor he had a good plea of dolus malus {exceptio 
doli malt). 

An obligatio might be terminated by Accepti- 
latio. An obligatio contracted per aes et libram 
might be determined in the same way, and also 
one arising, " ex judicati causa." [Nbxum.] An 
obligatio might also be determined by Novatio, 
which is the change of an existing duty (dcbiium) 
into another obligation, and the determination of 
the former obligation. (Dig. 46. tit. 2. £>e A'ora- 
tionilnis et Deleyationiljus.) This is explained by 
the following instance (Gaius, iii. ] 76) : — If I 
stipulate that Titius shall give me what is due 
from you, a new obligatio arises by the interven- 
tion of a new person, and the former obligation is 
determined by being replaced by the latter ; and 
sometimes a former obligatio may be determined 
by a subsequent stipulatio, though the subsequent 
stipulatio may be invalid. — If the stipulation was 
from the same person, it required the addition of 
something to effect a Novatio, as the addition of a 
condition, or a sponsor, or the circumstance of 
adding to or subtracting from the time contained in 
the terms of the covenant. As to the case of a 
condition, it was the law in the time of Gaius that 
there was no Novatio until the condition was ful- 
filled, and till that time the former obligatio con- 
tinued. The opinion of the great jurist Scrvius 
Sulpicius as to the addition of a condition imme- 
diately effecting a Novatio, was not law in the 
time of Gaius (alio jure ulimur). 

An obligatio was also determined by the Litis 
contestatio, if the proceedings had taken place in a 
Legitimum judicium. It is stated generally under 
the articles Litis contestatio and Legitimum judi- 
cium, what is the import of these terms respec- 
tively. The originalobligation(/>n'nci/)a/iso4/iV/a/i'o) 
was determined by the Litis contestatio, and the 
defendant (reus) was then bound (tenetur) by the 
Litis contestatio. If he was condemned, the Litis 
contestatio ceased to have any effect, and he was 
bound by the judgment (ex causa jmlirati). It was 
a consequence of these doctrines that after a Litis 
contestatio in a Legitimum judicium, a man could 
not bring his action on the original contract, for if 
his declaration or demand was Dari mihi oportcre, 
it was bad (lurtlWl), for after the Litis contestatio 
the Dari oportere had ceased. In the case of a 
Judicium quod impeTio continctur, the obligatio 
existed and the action could be brought, but the 
demand might be answered by a plea (exceptio) 
of a res judicata or in judicium deducta. In the 
judicia quae imperio, &c, the exceptio rei judi- 
catae corresponds to the condemnatio in the Legi- 
tima judicia, and the Exceptio rei in judicium 
deductae to the Litis contestatio. (Keller, Ueber 
Litis Contestation, p. 1 1, <Vc. ; Gaius, iii. 1110.) 

Obligationes arising from Contract passed by 
universal succession to the heres. The re were no 
means of translVrring Obligationes from the credi- 
tor to another person, except by P. Novatio, which 
was effected by the assignee stipulating with the 
debitor with the consent of the creditor, the effect 
of which was to release the debitor from his former 
Obligatio and to bind him by a new one. If this 
novatio was not effected, the assignee could only 
sue as the cognitor or procurator of the assignor, 
and not in his own name. (Gains, ii. 38, ice.) 

From the consideration of Obligationes arising 



from Contracts, Gaius (iii. 182) passes to the con- 
sideration of Obligationes "quae ex delicto ori- 
untur;" and these delicts which are the found- 
ation of these obligationes, are Furtum, Bona 
Rapta or R.apina, Damnum and Injuria. All 
these obligationes he considers to be comprised in 
one genus, whereas the obligationes ex contractu 
are distributed into four genera. 

The arrangement by the Roman jurists of Obli- 
gationes ex delicto with Obligationes ex contractu, 
was founded on the circumstance that both classes 
of Oblicationes were the foundation of rights against 
a determinate individual or determinate indivi- 
duals ; but there is an important difference in the 
origin of the two rights. The rights ex contractu 
are rights founded on lawful acts ; and rights ex 
delicto are rights founded on infringements of other 
rights. 

The Obligationes quasi ex contractu are not 
enumerated by Gaius, but they are discussed in 
the Institutes of Justinian (3. tit. 27). These 
Obligationes do not properly arise either from con- 
tract or delict, but inasmuch as they are founded 
on acts, which are not delicts, they were considered 
as belonging to contract rather than to delict. In- 
stances of these quasi contracts, enumerated in the 
Institutes, are "absentis negotiorum gestio " [Ne- 
gotiorum Gestorum Actio], the "tutelae ju- 
dicium," a " communis res sine socictate," as when 
a thing has been bequeathed and given to several 
persons ; and some other instances. 

These quasi contracts are arranged in the Insti- 
tutes of Justinian after Obligationes ex contractu ; 
and the Obligationes quasi ex delicto arc placed 
immediately after the Obligationes ex delicto. 
Instances of these Obligationes quasi ex delicto, 
enumerated in the Institutes (4. tit. 5), are, " si 
judex litem suam feccrit," and the case of " dc- 
jectum effusumve," and others. [Dejecti, &c.] 

The nature of an Obligatio may now be more 
clearly understood. An Obligatio implies two 
subjects or persons at least, creditor, or he who 
has the right, and debitor, or he who owes the 
duty : these two terms, which strictly apply to 
creditor and debtor in the common sense, are also 
used to express generally the relation of the parties 
to an Obligatio. Obligatio (literally a binding) 
primarily denotes the facts by which the legal 
relation between the parties is established. It 
also denotes the duty or obligation owing by one 
of the parties to the contract (debitor) to the other 
party (creditor), if the obligatio is unilateral ; and 
the duties mutually owing from the one to the 
other, if the obligatio is bilateral. The weird, 
which, as opposed to obligatio or "binding," ex- 
presses the determination of such binding, is 
" solutio ;" and generally some form of the word 
" solvo " is the appropriate term to express the 
legal termination of the obligatio. But inasmuch 
as duties owing by one party to the contract, or 
duties mutually owing by the parties to the con- 
tract, imply a right in the other party to the con- 
tract, or imply mutual rights in the partie s to the 
contract, the word obligatio is often used to express 
also the right which is established by the obligatio: 
and it is also used to express the whole relation 
between debitor and creditor. Thus, the right of 
the Creditor is spoken of as his Obligatio, and the 
duty of the Debitor as his Obligatio. There is no 
special name in the Roman law for a right against 
a determinate person or determinate persons. Tho 
3 o 2 



820 OBLIGATION ES. 



OBLIGATIONES. 



name for ownership ia Dominium, to which is op- 
posed the name Obligationes as descriptive of rights 
against determinate persons. 

It is correctly remarked (Austin, An Outline of 
a course of Lectures on General Jurisprudence) 
" that in the writings of the Roman lawyers, the 
term obligatio is never applied to a duty which 
answers to a right in rem,'''' that is, a right which 
is good against all the world. But as the duty 
answering to a right in rem is only the duty of 
forbearance, that is, of not doing anything to inter- 
fere with the right, there is no inconvenience in the 
want of a name : the right to the exclusive enjoy- 
ment of any thing (corpns) is ownership ; all other 
people are not owners : as soon as an act is done 
which is an infringement of an owner's right, or in 
other words a delictum (in one sense in which the 
Romans use this word) an obligation arises by 
force of such act (obligatio ex delicto) and gives 
the injured person a right of action against the 
wrong-doer. 

A contractus required the consent of all the 
parties to it. Those O 1 Hgationes which were said 
to be founded on " consent " (consensus) were said 
to be so founded only because consent was suffi- 
cient (Gaius, iii. 136), and no peculiar form of 
words or expression was required ; whereas in the 
Obligationes contracted " re," " verbis," and 
" literis," certain acts, words, or writing were re- 
quired. In those contracts where particular forms 
were not required in order to convert them into 
Obligationes, any words or acts were sufficient, 
which were evidence of consent. Constraint by 
force or threats (vis, metus), and fraud (dolus), 
and in many cases error (error, ignorantia), either 
render an agreement absolutely null, or give the 
party who has been constrained, deceived, or in 
error, various modes of defence against the claims 
of the other party. 

An Obligatio, as already observed, supposes two 
persons at least. But there may be more than 
two parties to an Obligatio, either as creditores or 
debitores or both, all of whom are comprehended 
under the general name of Rei. (Cic. de Or. ii. 
43.) With reference to a person who is under 
the same obligatio, a person may be called Cor- 
reus. But when there are several parties to an 
obligatio, there are properly several Obligationes, 
and this is the case whether the creditor is one 
and the debitores are several, or the creditores 
are several and the debitor is one, or both the 
creditores and debitores are several. In the ob- 
ligatio pro rata, the claims of the several creditores, 
or the duties of the several debitores, are deter- 
minate parts of a whole, which is made up by the 
parts being united in one formal obligatio. There 
are cases when several creditores may claim the 
whole (solidum), or several debitores may owe 
the whole (solidum) : where a creditor claims the 
whole against several debitores, there are in fact 
several obligationes binding on the several debi- 
tores. But if one creditor has recovered the whole, 
or one debtor has paid the whole, the entire Ob- 
ligatio is at an end. (Inst. 3. tit. 16 (17).) 

If an obligatio is unilateral, it only gives a right 
of action to one of the parties to it, as in the case 
of Mutuum, Stipulatio, and others ; if it is bila- 
teral, it gives a right to each party against the 
other, as emtio venditio, and locatio conductio. 

The most general name for any agreement, the 
object of which was to establish legal relations 



between the parties, is Conventio, Pactio, Pactum 
Conventum, and its essence is consent : " conven- 
tions verbum generate est, ad omnia pertinens, de 
quibus negotii contrahendi transigendique causa 
consentiunt, qui inter se agunt." (Dig. 2. tit. 
14.) Conventiones were juris gentium, and as a 
genus were divisible into species. Those Conven- 
tiones which were reducible to certain classes were 
called Contractus, of which the Jus Civile acknow- 
ledged the four kinds already mentioned, Re, 
Verbis, Literis and Consensu. Of those Obliga- 
tiones which were established Re, the four which 
have been already mentioned, had special names, 
Mutuum, Commodatum, Depositum and Pignus ; 
and accordingly they have been called by modern 
writers Contractus Nominati. But there were 
other Obligationes which were established Re, 
for which the Romans had no particular name, 
and accordingly they have been called by modern 
writers Contractus Innominati. 

These obligationes are founded upon something 
that has been given or done by one party, which 
gives him a claim against the other for something 
to be given or done in return. If the matter of 
the conventio was a civile negotium or had a civilis 
causa, it formed an obligatio, and was a found- 
ation of an action " praescriptis verbis " or " in 
factum ; " or as it is clearly expressed by Julian 
(Dig. 19. tit. 5. De praescriptis verbis, &c), this is 
the actio " ad quam necesse est confugere, quoties 
contractus existunt, quorum appellationes nullae 
jure civili proditae sunt." All the events upon 
which these actions could arise were reduced to 
the four following heads : " aut do tibi ut des, aut 
do ut facias, aut facio ut des, aut facio ut facias." 
(Paulus, Dig. 19. tit. S. s. 5. § 1—4.) The bare 
agreement (pactum) both in nominate and inno- 
minate contracts is not sufficient to establish an 
obligatio : in both cases some act must be done to 
make the agreement become a contract, and to 
establish an obligatio. The nominate contracts 
have their particular names. The innominate con- 
tracts take the name of contracts from their re- 
semblance to nominate contracts ; but as they are 
not referable to any one of such contracts, they 
are formed into a separate class: still some of them 
have special names. These contracts, as it will 
appear from the description just given of them, have 
their foundation in an act (a giving or doing) by 
one of the parties, and so far resemble contracts Re. 
The transaction is not completed so long as a thing 
remains to be given or done by the debitor ; and 
the creditor may have his action (condictio) for the 
recovery of a thing which he has given, and for 
which the debtor has not made the return (a giving 
or an act) agreed upon. The creditor has also his 
action generally (praescriptis verbis) for the per- 
formance of the contract, if he prefers that, or for 
compensation to the amount of the injury sustained 
by its non-performance. 

All other conventiones were simply Pacta, the 
characteristic of which is that they were not ori- 
ginally the foundation of actions, but only of pleas 
or answers (exceptiones) ; that is, if an agreement 
(conventio, pactio) could not be referred to some 
class of contracts, it did not give a right of action. 
When there was no civilis causa, there was no 
civilis obligatio created by such conventio, and it 
is added (Dig. 2. tit. 14. s. 7. §4), "therefore a 
nuda pactio does not produce an obligatio but an 
exceptio ;" whence it follows that a nuda pactio 



OBLIGATIOXES. 
is a pactio sine causa. Sometimes Nuda con- 
ventio is used as equivalent to Nuda pactio. (Dig. 
15. tit. 5. s. 15.) It is a mistake to say that Pac- 
tum by itself means a one-sided contract. Pactum 
is a term as general as conventio (pactum a pac- 
tione — eat aulem pactio duorum pluriumve in idem 
placitum consensus, Dig. 2. tit. 14. s. 1), and is a 
part of all contracts as conventio is. There might 
be a Pactum or Pactio relating to marriage, the 
establishment of a servitus in provincial lands 
(Gaius, ii. 31), and other matters. But Pactum 
as included in the law of Obligationes, obtained a 
limited signification ; and it was used to signify 
agreements not included among the Contractus, but 
still binding agreements as being founded on some 
causa. A pactum therefore might produce a naturalis 
obligatio. Some of these pacta were in course of 
time made the foundation of an actio civilis, and 
some were protected by the Praetor : ait Praetor : 
" Pacta conventa quae neque dolo malo neque 
adversus leges plebiscita senatus-consulta edicta 
decreta principum neque quo fraus cui coram fiat 
facta erunt servabo." (Dig. 2. tit. 14. s. 7.) The 
parties to a Pactum were said " pacisci." Any- 
thing might be the subject of a "pactum " which 
did not involve an illegality. If an illegal pactum 
was made, it was still illegal, though it had been 
confirmed by a stipulatio or any other form. The 
matter relating to Pacta is not arranged in the 
Digest under the head of Obligationes ct Actiones 
(Dig. 44. tit 7), but in the same book with the 
titles De Jurisdictione, &c. 

Savigny shows that the notion of Agreement, 
(vertrag), is too narrowly conceived by jurists in 
general. He defines agreement to be the " union 
of several persons in one concordant declaration of 
will whereby their legal relations are determined." 
Consequently the notion of agreement must be ex- 
tended to other things than to contracts which pro- 
duce obligationes: for instance Traditio or delivery 
is characterized by all the marks of an agreement ; 
and the fact that the declaration of their will by 
the parties to the traditio, is insutficient to effect 
Traditio without the external act by which pos- 
session is acquired, does not in the least affect the 
essence of the agreement. The imperfect concep- 
tion of an agreement has arisen from not separating 
in some cases the obligatory agreement from those 
acts for which such obligatory agreement is gene- 
rally a preparation and of which it is an accompani- 
ment. This becomes more apparent if we consider 
the case of a gift, which is a real agreement but 
without any obligation : it is merely a giving and 
receiving by mutual consent This general notion 
of agreement is contained in the words of Ulpian 
already quoted, in which he defines Pactio to be 
w duorum pluriumve,*' &c. It docs not seem how- 
ever that the Romans applied the terms Pactio, 
Pactum, and Conventio to any agreements except 
those which were the foundation of Obligationes 
of some kind. (Savigny, System dei //cut. Rom. 
Reditu, iii. § 140, fitc.) 

Pollicitatio is a proffer or offer on the part of a 
person who is willing to agree ( jiollicitalio ojfi rcntis 
Wiim promissum, Dig. 50. tit 12. s. 3). A pol- 
licitatio of course created no obligatio until the 
proffer or offer was accepted. The word is fre- 
quently used with reference to promises made by a 
person to a state, city, or other body politic, such 
as the promise to erect a building, to exhibit public 
shows, &c. Such pollicitatioues Were binding, 



OCHLOCRATIA. 821 
when there was a causa, as a promise made with 
reference to a dignity (honor) conferred or to be 
conferred. A pollicitatio sine causa was also 
obligatory, if the person began to do what he had 
promised, as if he laid the foundation of a building 
or cleared the ground. (See Plin. Ep. x. 48. Huh 
theatro ex privatorum pollicitationibus multa de- 
lenlur ; and v. 12.) 

A person who vowed anything, was also bound 
(voto obligates). 

(Gaius, iii. 88, &c. ; Inst. 3. tit. 12 (13), 4. 6; 
Dig. 47. tit 7, Cod. 4. tit. 10, De Obligationibus 
ct Aciionibus ; Miihlc nbnich, Doctrina Pandec- 
tarum, lib. iii. De Obligationibus. The most com- 
plete work on Roman Obligationes is by Unter- 
holzner, Quellenmdssige zusammenstellung der lehre 
des Iimnischen Rechts von den Schuldvcrhdltnisscn, 
Leipzig, 1840, 2 vols. 8vo. ; see also Thibaut, 
PandcktenrecU ; Vangerow, Pandekten,kc ; Pnchta, 
Inst. vol. iii.) [G. L.] 

O'BOLUS (6§o\6s), the smallest of the four 
principal denominations of weight and moncy 
among the Greeks, was l-6th of the drachma, 
l-600th of the mina, and l-3C,O0()th of the talent. 
As a coin, the obolus was of silver ; and con- 
nected with it, at least in the Attic system, were 
silver coins weighing respectively 5, 4, 3, 2, 1£ 
obols, and J, and ± of an obol ; all which are 
found in collections of coins. The 1£ obol piece 
was a quarter of a drachm. The Attic obol was 
also divided into 8 (or according to others 10) 
XoAjcoi. (See Pondera ; NDHHUS; DhACHMA ; 
Chalcus ; and the Tables.) [P. S.] 

OBSIDIOXA'LIS CORONA. [Corona.] 

OBSO'NIUM. [Opsoniim.] 

OCCUPA'TIO. The word is used by Cicero 
(de Off. i. 7) to express, the acquisition of owner- 
ship by occupation or the taking possession of that 
which has no owner, and with the intention of 
keeping it as one's own. Among the modes of 
acquiring ownership "naturali ratione," that is, by 
such mcan3 as arc in all nations acknowledged to 
be lawful means of acquiring ownership, Gaius (ii. 
6G, &c.) enumerates the taking possession of those 
things quae nullius sunt, as animals of the chace, 
birds and fishes, and such things are said "oc- 
cupantis fieri." The same applies to the finding of 
things which have no owner ; but there were par- 
ticular rales as to thesaurus, treasure found in the 
ground. (Inst. 2. tit. 1. s. :'.'.); Dig. 49. tit 14. s. 3. 
§10; and Gaius, ii. 7). The latest legislation about 
Thcsauras is in Cod. 10. tit. 15. Things which 
were lost or thrown out i a ship in case of ne- 
cessity were not subject to Occupatio. Things 
taken in war were subject to Occupatio. (Inst. 2. 
tit. 1. 6. 17 ; Dig. 41. tit 1. de aci/uirendo rerun 
dominio.) [G. L.] 

OCIILOCRA'TIA (ox^'iKpaTia), the dominion 
of thr nibble, a name of later origin than the time 
of Aristotle, and applied to that perversion of a 
democracy, in which, through the introduction of 
devices for removing or counteracting the natural 
and wholesome inequalities of society (such as 
paying citizens for attendance in the popular as- 
sembly and on other occasions on which their 
civic functions might be exercised, increasing the 
number and restricting the duration and authority 
of public offices), the exercise of all the higlu't 
functions of government came to be practically in 
the hands of a mere faction, consisting of the low- 
est and poorest, though most numerous, class of 
Jo 3 



822 



OCREA. 



ODEUM. 



citizens, who were thus tempted to adopt as one 
of their ordinary avocations, that which they would 
otherwise have left in more suitable hands. (Polyb. 
vi. 4 ; Plut. de Monarch. &c, c. 3 ; Thirl wall, 
Hist, of Greece, c. x. vol. i. p. 410.) [C. P. M.] 

O'CREA (Kvri/iis), a greave, a leggin. A pair 
of greaves (Kv^fuSes) was one of the six articles of 
armour which formed the complete equipment of a 
Greek or Etruscan warrior [Arma], and likewise 
of a Roman soldier as fixed by Servius Tullius. 
(Liv. i. 43.) They were made of bronze (Alcaeus, 
Frag. i. ed. Matthiae), of brass (Hes. Scut. 122), 
of tin (Horn./?, xviii. 612, xxi. 592), or of silver 
and gold (Virg. Aen. vii. 634, viii. 624, xi. 488), 
with a lining probably of leather, felt, or cloth. 
Another method of fitting them to the leg so as not 
to hurt it, was by the interposition of that kind of 
sponge which was also used for the lining of 
helmets [Galea], and which Aristotle describes 
as being remarkable for thinness, density, and firm- 
ness. The greaves, lined with these materials, as 
they were fitted with great exactness to the leg, 
probably required, in many cases, no other fasten- 
ing than their own elasticity. Often, nevertheless, 
they were further secured by two straps, as may 
be seen in the woodcut at p. 135. Their form and 
appearance will be best understood from the ac- 
companying woodcut. The upper figure is that of 
a fallen warrior represented among the sculptures, 
now at Munich, belonging to the temple in Aegina. 
In consequence of the bending of the knees, the 
greaves are seen to project a little above them. 
This statue also shows very distinctly the ankle- 
rings (iviiripvpta), which were used to fasten the 
greaves immediately above the feet. The lower 
portion of the same woodcut represents the interior 
view of a bronze shield and a pair of bronze greaves, 
which were found by Signor Campanari in the 




tomb of an Etruscan warrior, and which are now 
preserved in the British Museum. These greaves 
are made right and left. 

That the Greeks took great delight in handsome 
and convenient greaves may be inferred from the 
epithet eu/cyrj/iiSes, as used by Homer, and from 



his minuteness in describing some of their parts, 
especially the ankle-rings, which were sometimes 
of silver. (Horn. //. iii. 331, xi. 18.) The modern 
Greeks and Albanians wear greaves, in form re- 
sembling those of their ancestors, but made of 
softer materials, such as velvet, ornamented with 
gold, and fastened with hooks and eyes. 

Among the Romans, greaves made of bronze, 
and richly embossed, were worn by the gladiators. 
Some such have been found at Pompeii. [See 
woodcut, p. 576.] It appears that in the time of 
the emperors, greaves were not entirely laid aside 
as part of the armour of the soldiers. (Lamprid. 
Al. Sever. 40.) At an earlier period, the heavy- 
armed wore a single greave on the right leg. 
(Veget. de Re Mil. i. 20.) Leggins of ox-hide or 
strong leather, probably of the form already de- 
scribed and designated by the same names both in 
Greek and Latin, were worn by agricultural la- 
bourers (Horn. Od. xxiv. 228 ; Plin. H. N. xix. 7 ; 
Pallad. de Re Rust. i. 43) and by huntsmen. (Hor. 
Sat. ii. 3. 234.) [J. Y.] 

OCTASTY'LOS. [Templum.] 

OCTA'VAE. [Vectigalia.] 

OCTOBER EQUUS. [Palilia.] 

OCTO'PHORON. [Lectica.] 

ODE'UM (tpSeiov), a species of public build- 
ing, which was first erected during the flourishing 
epoch of Greek art in the fifth century B.C., for 
contests in vocal and instrumental music (t6ttos 
iv § ol patyiphol Ka\ ol Ki0ap<p$o\ iiywvt^oVTO, 
Hesych. s. v., comp. Suid. s. v.). In its general 
form and arrangements it was very similar to the 
theatre ; and it is sometimes called Stiarpov. * 
(Paus. i. 8, ii. 3 ; Philostr. Fit. Soph. ii. 1. p. 
549.) There were, however, some characteristic 
differences : the Odeum was much smaller than 
the theatre ; and it was roofed over, in order 
to retain the sound. (Vitruv. v. 9.) The com- 
paratively small size of the Odeum is easily ac- 
counted for, not only because the space required 
in the theatre for the evolutions of the Chorus was 
not wanted here ; but also because it appears to 
have been originally designed chiefly for musical 
rehearsals, in subordination to the great choral 
performances in the theatre, and consequently a 
much smaller space was required for the audience. 

Unfortunately we have no detailed description 
of this class of buildings. Vitruvius (I. c.) makes 
a passing mention of the Odeum of Pericles, but 
states no particulars respecting its construction, ex- 
cept that it was adorned with stone pillars, and 
roofed over with the masts and yards of the cap- 
tured Persian ships, a statement which has led 
some writers into the mistake of referring the 
building to the time of Themistocles. From the 
statement of Pausanias (i. 20. § 4) that, when the 
Odeum was rebuilt, after its burning in the cap- 
ture of Athens by Sulla, it was made of a form 
which was said to be in imitation of the tent of 
Xerxes, it may perhaps be inferred that the ori- 
ginal building was actually covered with that tent. 
At all events, this statement proves that the roof 
must have been conical. Accordingly Plutarch, 
who states that the original building f was an 
imitation of the king's tent, describes its roof as 

* See, respecting the precise meaning of the 
words, the note on p. 83, a. 

•j* Perhaps he confounded it with the one which 
was standing in his time. 



ODEUM. 



OLEA. 



823 



sloping all round, and inclined from one summit 
(Peric. 13). He also says that, in its internal 
arrangement, the building had many seats and 
many pillars. From a few other passages, and 
from the scanty remains of such edifices, we may 
conclude further that the Odeum had an orchestra 
for the chorus and a stage for the musicians (of 
less depth than the stage of the theatre), behind 
which were rooms, which were probably used for 
keeping the dresses and vessels, and ornaments 
required for religious processions. Of course the 
Odeum required no shifting scenes ; but the wall 
at the back of the stage seems to have been per- 
manently decorated with paintings. For ex- 
ample, Vitruvius tells us (vii. 5. § 5), that, in the 
small theatre at Tralles (which was doubtless an 
Odeum), Apaturius of Alabanda painted the soma 
with a composition so fantastic that he was com- 
pelled to remove it, and to correct it according to 
the truth of natural objects. Among the paintings 
in the Odeum at Smyrna was a Grace, ascribed 
to Apcllcs. (Paus. ix. 35. § 6.) The Odea of 
later times were richly decorated. That of Hc- 
rodes Atticus had its roof of beams of cedar 
adomed with carvings, and contained numerous 
works of art (Philost. ii. 1. p. 5.51.) 

The earliest building of this kind was that al- 
ready mentioned as erected by Pericles at Athens, 
for the purpose, according to Plutarch (/. c.) of 
celebrating the musical contests at the Panathe- 
naea. It lay on the left hand to persons coming 
out of the great theatre, and therefore at the foot 
of the south-eastern part of the Acropolis. (Vitruv. 
t. 9.) Its proximity to the theatre suggested 
gome of the uses made of it, namely, as a refuge 
for the audience when driven out of the theatre 
by rain, and also as a place in which the chorus 
could be prepared. (Vitruv. I. c.) It was burnt 
when Athens was taken by Sulla, B.C. 85, and was 
restored by Ariobarzanes II. king of Cappadocia ; 
who employed C. and M. Stallius and Menalip- 
pus as the architects of the work. Ariobarzanes 
reigned from B.c 63 to about B.C. £1. (Vitruv. 
L c. ; Paus. L 20. § 4 ; Appian. BeJL Mitkr. 38 ; 
Bockh, Corp. Inner, vol. i. No. 357.) The build- 
ing i9 now entirely destroyed. 

This was not the only Odeum at Athens in the 
time of Hadrian and the Antonines. Pausanias, 
who in the passage referred to, does not apply the 
name of Odeum to the building, speaks of an 
Odeum at Athens in two other passages (L 8. § 6, 
1 4. § 1 ), from a close examination of which it ap- 
pears more than doubtful whether this Odeum is 
the same as the former. Stiegliti (p. 228, foil.) 
identifies it with the Pnyx, which he supposes to 
have been fitted up as an Odeum, while that of 
Pericles was in ruins. It is remarkable that Pau- 
sanias nowhere mentions the Pnyx, unless this 
Odeum be the same as it. 

Another Odeum was built nt Athens by He- 
rodes Atticus, and was the most magnificent edi- 
fice of the sort in the whole empire. It stood, as 
compared with the Odeum of Pericles, on the 
opposite side of the great theatre, under the south- 
western part of the Acropolis ; where large ruins 
of it arc still seen. The length of its largest 
diameter was 248 feet, and it is calculated to have 
furnished accommodation for about 8000 persons. 
(Leake, Topntrr. nf Athens, p. 61.) This building 
wnserectcd after Pausanias wrote his first book, and 
before he wrote his seventh. (I'aus. vii 20. § 3.) 



The other principal Odea were that of Corinth, 
also built by Herodes (Paus. ii. 3. § 6 ; Philost. 
/. c.) ; that of Patrae, which was next in magnifi- 
cence to that of Herodes at Athens, and contained, 
among other works of art, a celebrated statue ot 
Apollo (Paus. vii. 20. § 6) ; those of Smyrna and 
Tralles already mentioned ; that of Messene, 112 
feet long, and 93 feet in its inner diameter ; that 
of Nicopolis, with an inner diameter equal to the 
last, but with an outer diameter of 193 feet: there 
are also ruins of Odea at Laodicea, Ephesus, Ane- 
murium, and other places in Asia Minor. (See 
Chandler, Pococke, Beaufort's Caramania, Leake, 
and other topographers.) 

The first Odeum, properly so called, at Rome, 
was built by Domitian (Suet. Dom. 5 ; Eutrop. 
viii. 15), and the second by Trajan. (Amm. 
Marc. xvL 10.) There are ruins of such buildings 
in the villa of Hadrian at Tivoli, at Pompeii, and 
at Catana. 

As a general fact, the Odea were less strictly 
reserved for their special use than the theatres. 
Some of the extra uses, to which the Odeum of 
Pericles was applied, have been already men- 
tioned. It was also used sometimes as a court of 
justice (Aristoph. i'esp. 1104, c. Schol., comp. 
Pollux, viii. 6) ; and philosophical disputations 
were held in the Odea. (Plut. de Exsil. p. (j'04.) 
Further details will be found in the following 
works. (Martini, Ucber die Odeen ; Sticglitz, 
Arc/idol. d. Iiauhtnst, vol. ii. sect. 3 ; Hirt, Lchre 
d. Oeh'dude, pp. Ill — 113 ; Rose, iiber die Odeen 
in Athen, Horn, a. Karthayo, Soest, 1831, 4to ; 
Miiller, Arch. d. Kunst, § 289 ; Klausen, in Ersch 
and Grubcr's Encyklopddie ; Baumstark, in the 
Real Encyclop. d. class. Alterthum.) [P. S.] 

OECUS. [Dosius,p. 428,b.] 

OENOMELLTM. [Vinlji.J 

OENO'PHORUM (oiVd>opoi/), a basket, or 
other contrivance for carrying bottles of wine ; a 
wine-basket. This was sometimes used by those 
who took their own wine with them in travelling 
in order to avoid the necessity of purchasing it on 
the road. (Hor. Sal L 6. 109 ; Juv. Sat vii. 1 1 ; 
Pcrs.&rf. v. 140 ; Mart. vi. 88.) A slave, called 
the wine-bearer (ocnopliorws, Plin. //. jV. xxxiv. 8. 
s. 19), carried it probably on his back. [J.Y.I 

OFFENDIX. [Ai'kx.] 

OFFICIATES. [Exercitus, p. 508, b.] 

OFFI 'CI I'M ADMlSSIO'NUM. [Admis- 

8IONAL1S.] 

OI'KIAS DIKE (olkfat S/ktj), an action to 
recover a house, in which (as in any other action 
where property was the subject of litigation) the 
dicasts decided (SifSiicatrfv) to which of the parties 
the house belonged, and adjudged it to hint (iirt. 
$tKaa<i>). Nothing further being requisite, the 
suit was an oti'^t(toi ayuv. Certain speeches of 
Lysins, Isaeus, and Hyperides, which aro now lost, 
were upon this subject. The oiKi'as StK-q was only 
to tecover the house itself ; the by-gone rents, or 
mesne profits, were recoverable in an action culled 

•>■■■• *•«•>). | See Enoikiou I hi i I (Meier, 

Ati. /'roc. p. 492, ) [c. R. K.l 

O'l.KA, OLI'VA (iXata) ; CLE I'M. ttW- 
Vl.'.M ((\aioy) ; OLE TI M, OLIYETUM 
(/AaW). 

The importance of the olive was recognised from 
the most remote period of antiquity, in all civilised 
countries where the temperature admitted of its 
cultivation ; and it was widely adopted as an 

Be i 



824 OLEA. 

emblem of industry and peace. While it yields a 
large supply of palatable and highly nutritious 
food, it requires less outlay and less attention than 
almost any other fruit tree, is subject to few casu- 
alties, and, even if altogether neglected, does not 
suffer serious injury, but may be quickly restored 
to fertility by moderate care. Hence, the honour 
paid to it at Athens, and hence the title of "prima 
omnium arborum " bestowed upon it by Columella. 

Varieties. The Olea Europea is the only spe- 
cies of the natural family of Oleaceae, which yields 
the highly valued olive oil, but many varieties are 
produced by different modes of culture, and by pecu- 
liarities of soil and climate. Columella enumerates 
ten, and this number may be considerably increased 
from the works of other ancient writers. The fol- 
lowing seem to have been the most important : — 
1 . Pausia s. Posea ; 2. Regia ; 3. Orchis s. Or- 
chitis s. Orchita s.Orehasj 4. Radius ; 5. Licinia 
s. Liciniana ; 6. Sergio, s. Sergiana. Of these the 
Pausia, according to Columella, was the most 
pleasant in flavour (jucundissimus), although upon 
this point he is apparently contradicted by Virgil 
(amara Pausia bacca) ; the Regia was the hand- 
somest in appearance ; while both of these together 
with the Orchis and the Radius, and in general, all 
the larger varieties, were better suited for eating 
than for oil. The Licinia, on the other hand, 
yielded the finest oil, the Sergia, the greatest quan- 
tity. (Cat. R.R.I ; Varr. R. R. 7 ; Columell. v. 
8, de Arbor. 17 ; Plin. H. N. xv. 6.) 

Soil and Climate. The soil considered most 
congenial was a rich tenacious clay, or a mixture 
of clay and sand, a gravelly subsoil being essential 
in either case to carry off the water. Deep fat 
mould was found to be not unsuitable, but any 
land which retained moisture was avoided, and 
also light, stony ground, for, although the trees did 
not die in the latter, they never became vigorous. 
Here again, however, Columella and Virgil are at 
variance, for while the former observes " inimicus 
est ager sabulo macer et nuda glarea," the poet 
declares 

Difficiles primum terrae collesque maligni, 
Tenuis ubi argilla et dumosis calculus arvis 
Palladia gaudent silva vivacis olivae. 

The olive is very impatient of frost, and scarcely 
any of the varieties known to the ancients would 
flourish in very hot or very cold situations. In hot 
localities, it was expedient to form the plantations 
on the side of a hill facing the north, in cold 
localities upon a southern slope. Neither a very 
lofty nor a very low position was appropriate, but 
gentle rolling eminences such as characterised the 
country of the Sabines in Italy, and the district of 
Baetica in Spain. Under ordinary circumstances, 
a western exposure lying well open to the sun was 
preferred. It is asserted by several classical authors 
that the olive will not live, or, at least, not prove 
fruitful at a distance from the sea coast greater 
than from thirty to fifty miles, and although ex- 
ceptions did and do exist to this rule it will be 
found to accord with general experience. (Cat. 
R.R. 7; Varr. i. 24 ; Columella, v. 8 ; Plin. H.N. 
xvii. 3 ; Pallad. iii. 1 8 ; Theophr. ir, <f>. a. ii. 5 ; 
Geopon. ix. 4.) 

Propagation and Culture. Previous to 
the formation of an olive yard (oktum, olivetum) it 
was necessary to lay out a nursery (seminarium) 
for the reception of the young plants. A piece of 



OLEA. 

ground was selected for this purpose, freely ex- 
posed to the sun and air, and in which the soil was 
a rich black mould. It was the practice to trench 
(pastinare) this to the depth of three feet, and 
then to leave it to crumble down under the influence 
of the atmosphere. 

The propagation of the olive was effected in 
various ways. 

1. The method generally adopted was to fix 
upon the most productive trees, and to select from 
these long, young, healthy branches (ramos no- 
vellos) of such a thickness as to be easily embraced 
by the hand. The branches immediately after 
being detached from the parent stem, were sawed 
into lengths of a foot and a half each, great care 
being taken not to injure the bark ; these seg- 
ments, which were called taleae or clavolae ortrunci, 
were then tapered to a point at each end with 
a knife, the two extremities were smeared witli 
dung and ashes, they were buried upright in the 
ground, so that the tops were a few fingers' breadth 
below the surface, and each talea was placed as 
nearly as possible in the same position, both ver- 
tically and laterally, as the branch had occupied 
upon the tree. During the first year, the ground 
was frequently loosened by the sarculum ; when 
the young roots (radiculae seminum) had taken a 
firm hold, heavy hand-rakes (rostra) were em- 
ployed for the same purpose, and in the heat of 
summer water was regularly supplied. For two 
years no pruning was resorted to, but in the third 
year the whole of the shoots (ramuli), with the 
exception of two, were lopped off ; in the fourth 
year, the weaker of the remaining two was de- 
tached, and in the fifth year the young trees 
(arbuscuiae) were fit for being transplanted (habiles 
translationi) . This latter operation was best per- 
formed in autumn where the ground to which they 
were conveyed was dry, but if it was moist and 
rich, in spring, a short time before the buds were 
formed. In the field which they were to occupy 
permanently, pits (scrobes) four feet every way 
were prepared, if practicable, a year beforehand, 
so that the earth might be thoroughly pulverised ; 
small stones and gravel mixed with mould were 
placed at the bottom to the depth of a few inches, 
and some grains of barley were scattered over 
all. The young tree was lifted with as large 
a ball of earth as possible attached to the roots, 
placed in the pit surrounded with a little manure, 
and planted so as to occupy precisely the same 
position, in relation to the cardinal points, as in the 
nursery. In rich corn land, the space left between 
each row was at least sixty feet, and between each 
tree in the row forty feet, in order that the branches 
and roots might have full space to spread, but in 
poorer soil twenty-five feet, each way, were con- 
sidered sufficient. The rows were arranged so as 
to run from east to west, in order that the cool 
breezes might sweep freely down the open spaces 
in summer. After the trees had become firmly 
fixed, and had been pruned up into a proper shape, 
that is, into a single stem kept without branches to 
the height of the tallest ox, the labour attending 
upon an olive yard was comparatively trifling. 
Every year, the soil around the roots was loosened 
with hoes (bidcns), or with the plough, the roots 
themselves laid bare (ablaqueare, ablaqueatio), the 
young suckers cut away, and the lichens scraped 
from the bark ; every third year, in autumn, manure 
was thrown in ; every eighth year the trees were 



OLEA. 

pruned. The system of culture here indicated was 
followed so generally that it had become embodied 
in a proverb " Veteris proverbii meminisse con- 
venit, eum qui aret olivetum, rogare fructum ; qui 
stercoret, exorare ; qui caedat, cogere." (Columell. 
t. 9. § 15.) Besides this, the whole surface of 
the ground was regularly ploughed at the usual 
seasons, and cropped in alternate years, the manure 
applied for these crops being altogether inde- 
pendent of that supplied to the trees specially. 
Moreover, since olives bore fruit, in abundance at 
least, only once in two years, matters were so ar- 
ranged that the land should yield a crop in those 
years when the trees were unproductive. 

2. A second method of propagation was to cut 
the roots of wild olives into small pieces in such 
a manner that each should contain an eye or rudi- 
ment of a lateral fibre (radicum oculis silcestrium 
olearum hortitlos excolere), and these pieces were 
treated precisely in the same manner as the taleae 
described above. 

3. A third method is indicated by Virgil in the 
lines 

Quin et caudicibus scctis, mirabile dictu, 
Truditur e sicco radix oleagina ligno, 

and is still pursued in some parts of Italy, where, 
as we arc told, " an old tree is hewn down and the 
Btock cut into pieces of nearly the size and 6hape 
of a mushroom, and which from that circumstance 
are called notoli ; care at the same time is taken 
that a small portion of bark shall belong to each 
novolo. These, afterhaving been dipped in manure, 
are put into the earth, soon throw up shoots, arc 
transplanted at the end of one year, and in three 
years are fit to form an olive yard." 

Grafting or budding (inserere, insitio, oculos in- 
serere) were also resorted to for the purpose of in- 
troducing fine varieties or of rendering barren trees 
fruitful. (Cat. A It. 40, 42, 43, 45 ; Varr. It. It. 
i. 40 ; Columell. v. 9, De Arlx>r. 17 ; Plin. II. N. 
xviii. 19. s. 30 ; Pallad. iii. 8, 18, x. 1, xi.8 ; 
Geopon. ix. 5, 6, &c. ; Blunt's Vestiges of Ancient 
Manners, tic., in Italy , p. 215.) 

Olive gathering (Oleitas, Olivitas). The 
olive usually comes to maturity, in Italy, about the 
middle or latter end of December, but, according to 
the views of the proprietors, it was gathered in 
various stages of its progress, either while yet green 
(al/xi), or when changing colour (varia), or when 
fully ripe (nigra), but it was considered highly 
desirable that it should never be allowed to re- 
main so long as to full of its own accord. The 
fruit was picked as far as possible with the bare 
hand, but such as could not be reached from the 
ground or by the aid of ladders was beaten down 
with long reeds, which were preferred to sticks as 
less likely to injure the bark of the branches and 
the young bearers, a want of attention to this pre- 
caution on the part of the gatherers (Irguli) being 
in the opinion of Vnrro the cause why olive trees 
so seldom yielded a full crop for two years con- 
secutively. (Varr. It. It. i. 55 ; Plin. //. N. xv. 3. 
s. B ; Geopon. ix. 1 7.) 

Dipkkhknt umks. The fruit (Intra) of the olive 
was for the most part employed for one of two pur- 
poses. 

1. It was eaten as a fruit, cither fresh, pickled, 
or preserved in various ways. 

2. It was pressed so as to yield the oil and 
other juices which it contained. And again, the 



OLEA. 825 

oil was employed for a variety 'of purposes, but 
chiefly 

a. As an article of food. 

f3. For anointing the body, and in this case 
was frequently made a vehicle for perfumes 
( unguenta). 
y. For burning in lamps. 
Preserving Olives. (Condere oleas, oli- 
varum condilura, conditio.) 

Olives might be preserved in various wavs, 
either when unripe (albae, acerbae), or ripe (nigrae), 
or half-ripe (yariae, fuscae). 

Green olives, the Pausia being used principally 
for this purpose, were preserved in strong brine 
(muria), according to the modern practice, or thev 
were beaten together into a mass, steeped in water 
which was frequently changed, then pressed and 
thrown with salt into a jar of vinegar, to which 
various spices or flavouring condiments were added, 
especially the seeds of the Pistachia Lentiscus, or 
(Jinn Mastich tree, and fennel. Sometimes, instead 
of vinegar, inspissated must (sajm, defrutum), or 
sweet wine ( passum) or honey were employed, in 
which case the olives were preserved sweet, and 
sometimes salt pickle, vinegar, must and oil, seem 
to have been all mixed together. 

Half-ripe olives (and here again the Pausia was 
the favourite ) were picked with their stalks and 
covered over in ajar with the best oil. In this 
manner they retained the flavour of the fresh fruit 
for more than a year. 

Ripe olives, especially the orchitis, were sprinkled 
with salt, and left untouched for five days, the salt 
was then shaken off, and they were dried in tho 
sun. Or they were preserved sweet in defrutum 
without salt. 

The peculiar preparation called Epilyrum was 
made by taking olives in any of the three stages, 
extracting the stones, chopping up the pulp and 
throwing the fragments into a jar with oil, vinegar, 
coriander seeds, cumin, fennel, rue and mint, the 
quantity of oil being sufficient to cover up the com- 
pound and exclude the air. In fact, it was an olive 
salad, and, as the name imports, eaten with cheese. 
(Cat. It. ft. 117, HIS, 119 ; Varr. ft. ft. i. 60 ; 
Columell. xii. 49 ; Geopon. ix. 3, 32.) 

Oil making (Oleum conficere). The fruit of 
the olive tree consists of two parts, the pulpy 
pericarp (mm), and the stone (nucleus). 

The caro or pulp yielded two fluids : one of 
these of a water)* consistence, dark in colour, bitter 
to the taste, flowed from the olive upon very slight 
pressure ; it was called &p6pyr) by the Greeks, 
Amurca by the Latins, and was extensively used as 
a manure and for a great number of purposes con- 
nected with domestic economy. The other fluid 
which flowed from the pulp, when subjected to 
more forcible pressure, was the oil (olrum, olivum), 
mingled however to a certain extent with BBDVCa 
and other impurities (J'rarrs, fams), and this was 
of d iff erent qualities, according to the state of the 
fruit, and the amount of pressure. The finest oil 
was made from the fruit before it was fully ripe, 
and from this circumstance, or from its greenish 
colour, was termed Olrum ririJr, and by tho 
Greeks inipaKtvov ; the quantity given out was how- 
ever small, and hence tho remark of Cato, Quant 
ar, rhi*»i>ia ol-a olrum fades tain olrum optimum 
rrit : domino de matura olca oleum fieri maxime 
rjjrdirt. 

A distinction is made by Columella, between tho 



826 



OLEA. 



OLIGARCHIA. 



oil obtained from the fruit when green (oleum acer- 
hum s. aestivum), when half ripe (oleum viride), 
and when fully ripe (oleum maturum), and while 
he considers the manufacture of the first as inex- 
pedient, in consequence of the scanty produce, he 
strongly recommends the proprietor to make as 
much as possible of the second, because the quantity 
yielded was considerable, and the price so high, as 
almost to double his receipts. 

Under ordinary circumstances, the ripe fruit 
when gathered was carefully cleaned, and conveyed 
in baskets to the farm house, where it was placed 
in heaps upon sloping wooden floors (in tabulate), 
in order that a portion of the amurca might flow 
cut, and a slight fermentation takes place (ut ibi 
mediocriter fracescat), which rendered them more 
tender and more productive, and exactly the same 
system is pursued for the same reason in modern 
times. The gatherings of each day (coaetura unius- 
cujusque diei) were kept separate, and great care was 
taken to leave them in this state for a very limited 
period, for if the masses heated, the oil soon be 
came rancid (Olea lecta si nimium diu fuit in acer- 
vis, caldore fracescit, el oleum foetidum fit). If, 
therefore, circumstances did not allow of the oil 
being made soon after the fruit was gathered, the 
olives were spread out and exposed to the air so as 
to check any tendency towards decomposition. It 
is the neglect of these rules and precautions which 
renders the oil now made in Spain so offensive, for 
there the olives are frequently allowed to remain 
in cellars for months before they are used. Although 
both ancient and modern experience are upon the 
whole in favour of a slight fermentation, Cato, 
whose great practical knowledge entitles him to 
respect, strongly recommends that it should be 
altogether dispensed with, and affirms that the 
oil would be both more abundant in quantity and 
superior in quality : " Quam citissime confides 
maxime expediet." 

The olives when considered to be in a proper 
state were placed in bags or flexible baskets 
(fiscis), and were then subjected to the action of a 
machine consisting partly of a bruising and partly 
of a squeezing apparatus, which was constructed in 
various ways, and designated by various names : 
Trapetum, Mola olearia, Canalis et Solea, Torcular, 
Prelum, Tudicula. The oil as it issued forth was 
received in a leaden pot (cortina plumbea), placed 
in the cistern (laeus) below the press. From the 
cortina it was ladled out by an assistant (capulaior), 
with a large flat spoon (concha), first into one vat 
(labrum fictile), and then into another, thirty being 
placed in a row for this purpose. It was allowed 
to rest for a while in each, and the operation was 
repeated again and again (oleum frequenter eapiant) 
until the amurca and all impurities had been com- 
pletely removed. In cold weather when the oil 
remained in union with the amurca notwithstanding 
these transferences, the separation was effected by 
mixing a little parched salt with the combined 
fluids, but when the cold was very intense, dry 
carbonate of soda (nitrum) was found to answer 
better. The oil was finally poured into jars (dolia 
olearia), which had been previously thoroughly 
cleaned and seasoned, and glazed with wax or gum 
to prevent absorption, the lids (opercula) were 
carefully secured, and they were then delivered to 
the overseer (custos) by whom they were stored 
up in the vault reserved for their reception (cella 
olearia). 



After a moderate force had been applied to the 
press, and a considerable quantity of oil had flowed 
forth, the bruised cake (sampsa) was taken out of 
the bags, mixed with a little salt, replaced and 
subjected to the action of the press a second, and 
again a third time. The oil first obtained (oleum 
primae pressurae) was the finest, and in proportion 
as additional force was applied by the press-men 
(factores, torcularii), the quality became gradually 
worse (longe melioris saporis quod minore vi preli 
quasi lixivium defiuxerit). Hence, the product of 
each pressing was kept distinct, the marketable 
value of each being very different ( plurimum re/ert 
non miscere iterationes multoque minus tertiationem 
cum prima pressura). The lowest quality of all 
(oleum cibarium) was made from olives which had 
been partially damaged by vermin, or which had 
fallen from the trees in bad weather into the mud, 
so that it became necessary to wash them in warm 
water before they could be used. 

The quantity of fruit thrown at one time into the 
press varied from 120 to 160 modii, according to 
the capacity of the vessels: this quantity was termed 
Factus, the amount of oil obtained from one factus 
was called Hostus, but these words are not unfre- 
quently confounded. (Cat. R. R. 7, 64, 65, 66 ; 
Varr. R. R. i. 24, 55 ; Columell. xii. 52 ; Plin. 
H. N. xv. 3. 6, 7 ; Geopon. ix. 17.) [W. R.] 

OLIGA'RCHIA (oKiyapx^, the government 
of a few, is a term, the application of which by 
writers on political science is less wide than its 
etymological signification might have warranted. 
(See Polyb. vi. 4 ; Arist. Pol. iv. 3, from whom 
we learn that some writers used Oligarchia as a 
generic name, including Aristocratia as one of its 
species.) It is shown elsewhere [Aristocratia] 
under what conditions the limitation of political 
power to a portion of the community was regarded 
as a proper and regular constitution (bp6^ iroXneia, 
Arist. Pol. iii. 4, iv. 2.) The term Oligarchia was 
applied to that perversion (irapeicSaais) of an Aris- 
tocratia into which the latter passed, when, owing 
to the rise of the demus [Democratia], and the 
vanishing of those substantial grounds of pre-emi- 
nence which rendered an Aristocratia not unjust, 
the rule of the dominant portion of the community 
ceased to be the exponent of the general interests 
of the state, and became the ascendancy of a fac- 
tion, whose efforts were directed chiefly towards 
their own aggrandisement and the maintenance of 
their own power and privileges (Arist. I. c. Eth. 
Nicom. viii. 12 ; Polyb. vi. 8. § 4). The pre- 
servation of power under such circumstances of 
course depended chiefly upon the possession of 
superior wealth and the other appliances of wealth 
which were its concomitants. Thus it came to be 
regarded as essentially characteristic of an oligar- 
chy, that the main distinction between the dominant 
faction and the subject portion of the community 
was the possession of greater wealth on the part of 
the former. Hence the term Oligarchia would 
not have been applied, if a small section of the 
community, consisting of poor persons, by any 
means got the reins of government into their hands. 
(Arist. Pol. iv. 3, Sij/xos jxiv iffriv brav oi (\ev8e- 
poi Kvpwi Sicrtv, oMyapx^o. Se '6-rav oi Tr\ovo~wi. 
A little further on he says : oKiyapx^ Se Srav 
oi irAovcrwi iced eiryeveVrepoi, oMyoi vvres, Kvpwi 
ttjs apxvs 3><rtv. Conip. iv. 6 ; Plat, de Rep. viii. 
pp. 550, c. 553, a.) The case of the wealthy portion 
being also the more numerous would be a very 



OLLA. 

rare exception. Their dominion, of course, would 
not be an oligarchy ; but neither would it be a 
democracy (Arist. Pol. iv. 3). When an aristo- 
cracy passed in the natural development of society 
into an oligarchy, the oligarchs would, of course, 
be high born as well as rich. But high birth was 
not an essential condition. It very commonly hap- 
pened that the oligarchs were themselves only a sec- 
tion of the old nobility, having excluded the poorer 
members of their order from the possession of power. 

Aristotle (Pol. iv. 5) distinguishes various spe- 
cies of oligarchy: — 1. Where a certain large 
amount of property is the only requisite for being 
a member of the ruling class : 2. Where the pro- 
perty qualification is not large, but the members 
of the government themselves supply any vacancies 
that may occur in their ranks by electing others to 
fill them : 3. Where the son succeeds to the power 
of his father : 4. Where, besides this being the 
case, the rulers govern according to no fixed laws, 
but arbitrarily. (Comp. Plat. PoUt. pp. 301, 302.) 
The first kind, especially when the nVrj^a was 
not extravagantly high, so that a considerable 
number shared political power, though only a few 
of them might be eligible to the highest offices, 
was sometimes called rifioKparia ( Arist. Eth. Xie. 
viii. 12 ; Xenophon, Mem. iv. 6. § 12, uses the 
term irkovroKpaTta • Plato, de Rep. viii. p. 54", d., 
uses the term TifioxpaTta in a different sense). 
It approximates closely to the iroAiTci'a, and hence 
Aristotle (Pol. iv. 11) calls it o\iyapx'' a mXtruefu 
Elsewhere (Eth. Xic. I. c.) he identifies it with 
the iroAireia. 

These general divisions of course admitted of 
various modifications ; and the distribution of the 
functions of government might be such as to create 
an oligarchy within an oligarchy. To this species 
of oligarchy, the name Swao-rda was sometimes 
applied. (Arist. Pol. v. 2. 5 ; Thuc. iii. 62, iv. 
78 ; Xen. Ifellen. v. 4. § 46.) 

The term Aristocratia is not unfrcqucntly ap- 
plied to what the more careful distinctions of the 
writers on political science would term Olir/archia. 
(Comp. Thuc. iii. 82 ; Xen. Hellen. v. 2. § 7 ; 
Aristoph. Av. 12.5.) 

Besides the authorities quoted above, the reader 
mav consult Wachsmuth, I/rllenische Alterthums- 
bmde, S3 36, 44, 47, 63, 64 ; Hermann, Ldirtmch 
der (Iriech. Stuatsalterthiimer, §§ 58 — 61 ; Thirl- 
wall. Hist, of Greece, vol. i. ch. 10. [C. P. M.] 
OLLA, ant. AULA (Plant Aulul. passim), 
dim. OLLULA (A«'fr|f ; xvrpou X^P ^ <!'"'■ 
Xwplt), a vessel of any material, round and plain, 
and having a wide mouth ; a pot ; a jar. 

Besides being made of earthenware (Antiphancs 
ap. Athen. x. 70 ; offTpaKivTj, testacea) and bronze 
(X<»AK7j, aenea, Aesop. Pali. 329 ; Cato, de He Host. 
81 ; aenum, Ovid. Met. vii. 318—321 ; A^tji 
Xa\Ktos, Herod, i. 48), the ancients also made 
these vessels of different kinds of stone, which 
were turned upon the lathe. At Pleura, a village 
near Chiavcnna to the north of the Lake of Como, 
the manufacture of vessels from the potstonc found 
in a neighbouring mountain is still carried on, and 
has probably existed there from the time of Pliny, 
who makes express mention of it (//. ,V. xxxvi. 
22. s. 44). Some of these vessels arc nearly two 
feet in diameter, and, being adapted to bear the 
fire, arc used fur cooking. (Oculis obserrttre Mint 
vulti; ne 'vluralur, Varni, op. Xon. Marccll. p. 543. 
cd. Mcrccri ; Kvstus, s. v. A ulas.) 



OLLA. 827 




The preceding woodcut is taken from a vase in 
the British Museum, which was found at Canino 
in Etruria. The painting upon it represents the 
story of Medea boiling an old ram with a view to 
persuade the daughters of Pelias to put him to 
death. (Ovid, Met. vii. 318—321 ; Hygin. Fab. 
24.) The pot has a round bottom, and is supported 
by a tripod under which is a large fire. The ram, 
restored to youth, is just in the act of leaping out 
of the pot. Instead of being supported by a sepa- 
rate tripod, the vessel was sometimes made with 
the feet all in one piece, and it was then called in 
Greek rpiiruvs [Tripos], x vt P^'" ovs (Hes. Op. et 
Dies, 748 ; Schol. in Soph. Aj. 1405), and irvpie- 

TOT7)S. 

Besides being placed upon the fire in order to 
boil water or cook victuals, the ancients used pots 
to carry fire, just as is now done by the modern 
inhabitants of Greece, Italy, and Sicily. (Xen. 
Hellen. iv. 5. § 4.) They also used small pots con- 
taining fire and pitch to annoy the enemy in sieges 
by throwing them from slings and military engines. 

Ollae were also used to hold solids and keep 
them in store, while amphorae rendered the same 
service in regard to liquids. [Amphora.! Thus 
grapes were kept in jars as at present (Columell 
/(■ H. xii. 43. ) Although pots were commonly made 
solely with a view to utility, and were therefore 
destitute of ornament and without handles, yet 
they were sometimes made with two handles 
(Jiarroi) like amphorae ; nnd, when they were well 
turned upon the wheel, well baked, smooth and 
neat, and so large as to hold six congii (=41 gal- 
lons nearly), they were, as we learn from Plato 
(Hipp. M"j. pp. 153, 154, ed. Heindorf),considercd 
very beautiful. 

Pots were used, as with us, in gardening. (Cato, 
ile lie Hunt. 51.) The custom of placing flower- 
pots in windows is mentioned by Martial (xi. 19. 
1, 2). A flower-pot, nbout nix inches high and 
suited to this application, was found among the 
ruins of A Id borough, the ancient Isurium, and is 



828 



OLYMPIA. 



OLYMPIA. 



preserved by A. Lawson Esq., the owner of that 
place. 

Another very remarkable use of these vessels of 
earthenware among the Greeks was to put infants 
into them to be exposed (Apistoph. Ran. 1188 ; 
Schol. ad loc. ; Moeris, s. v. 'Eyicvrpio-fihs), or to 
be carried anywhere. (Aristoph. Thesm. 512 — 
516 ; Schol. ad loc.) Hence the exposure of chil- 
dren was called iyxvTpi&iv (Hesych. s. v.), and 
the miserable women who practised it eyx vT P^ a '- 
~rpiai, (Suidas, s. v.) 

In monumental inscriptions the term olla is fre- 
quently applied to the pots which were used to re- 
ceive the ashes of the slaves or inferior members of 
a family, and which were either exposed to view 
in the niches of the columbarium, or immured 
in such a manner as to show the lid only. Some 
good specimens of cinerary ollae are preserved in 
the British Museum in a small apartment so con- 
structed as to exhibit accurately the manner of 
.arranging them. (See above, p. 561 ; and nume- 
rous plates in Bartoli's Antichi Sepolcri.) 

The lid of the olla was called i-ntt-qua and 
operculum. It generally corresponded in the ma- 
terial and the style of ornament with the olla itself. 
(Herod, i. 48 ; Col. I. c.) [J. Y.] 

OLY'MPIA (6\vfiiria), usually called the 
Olympic games, the greatest of the national fes- 
tivals of the Greeks. It was celebrated st Olym- 
pia in Elis, the name given to a small plain to the 
west of Pisa, which was bounded on the north and 
north-east by the mountains Cronius and Olympus, 
on the south by the river Alpheus, and on the 
west by the Cladeus, which flows into the Alpheus. 
Olympia does not appear to have been a town, but 
rather a collection of temples and public buildings, 
the description of which does not come within the 
plan of this work. 

The origin of the Olympic Games is buried in 
obscurity. The legends of the Elean priests attri- 
buted the institution of the festival to the Idaean 
Heracles, and referred it to the time of Cronos. Ac- 
cording to their account, Rhea committed her new- 
born Zeus to the Idaean Dactyli, also called Cure- 
tes, of whom five brothers, Heracles, Paeonaeus, 
Epimedes, Iasius, and Idas, came from Ida in 
Crete, to Olympia, where a temple had been erected 
to Cronos by the men of the golden age ; and 
Heracles the eldest conquered his brothers in a 
foot-race, and was crowned with the wild olive- 
tree. Heracles hereupon established a contest, 
which was to be celebrated every five years, be- 
cause he and his brothers were five in number. 
(Paus. v. 7. § 4.) Fifty years after Deucalion's flood 
they said that Clymenus, the son of Cardis, a de- 
scendant of the Idaean Heracles, came from Crete, 
and celebrated the festival ; but that Endymion, 
the son of Aethlius, deprived Clymenus of the 
sovereignty, and offered the kingdom as a prize to 
his sons in the foot-race ; that a generation after 
Endymion the festival was celebrated by Pelops to 
the honour of the Olympian Zeus ; that when the 
sons of Pelops were scattered through Pelopon- 
nesus, Amythaon, the son of Cretheus and a rela- 
tion of Endymion, celebrated it ; that to him suc- 
ceeded Pelias and Neleus in conjunction, then 
Augeas, and at last Heracles, the son of Amphi- 
tryon, after the taking of Elis. Afterwards Oxy- 
lus i3 mentioned as presiding over the games, and 
then they are said to have been discontinued till 
their revival by Iphitus. (Paus. v. 8. § 1,2.) Most 



ancient writers, however, attribute the institution 
of the games to Heracles, the son of Amphitryon 
(Apollod. ii. 7. § 2 ; Diod. iv. 14 ; compare Strabo, 
viii. p. 355), while others represent Atreus as their 
founder. (Veil. Pat. i. 8 ; Hermann, Pol. Ant. § 
23. n. 10.) 

Strabo (viii. pp. 354, 355) rejects all these legends, 
and says that the festival was first instituted after 
the return of the Heraclidae to the Peloponnesus 
by the Aetolians, who united themselves with the 
Eleans. It is impossible to say what credit is to be 
given to the ancient traditions respecting the in- 
stitution of the festival ; but they appear to show 
that religious festivals had been celebrated at 
Olympia from the earliest times, and it is difficult 
to conceive that the Peloponnesians and the other 
Greeks would have attached such importance to 
this festival, unless Olympia had long been re- 
garded as a hallowed site. The first historical fact 
connected with the Olympian Games is their re- 
vival by Iphitus, king of Elis, who is said to have 
accomplished it with the assistance of Lycurgus, 
the Spartan lawgiver, and Cleosthenes of Pisa ; and 
the names of Iphitus and Lycurgus were inscribed 
on a disc in commemoration of theevent ; which disc 
Pausanias saw in the temple of Hera at Olympia. 
(Paus. v. 4. § 4, v. 20. § 1 ; Plut. Lyc. 1.23.) It would 
appear from this tradition, as Thirlwall {Hist, of 
Greece, ii. p. 386) has remarked, that Sparta con- 
curred with the two states most interested in the 
establishment of the festival, and mainly contri- 
buted to procure the consent of the other Pelopon- 
nesians. The celebration of the festival may have 
been discontinued in consequence of the troubles 
consequent upon the Dorian invasion, and we are 
told that Iphitus was commanded by the Delphic 
oracle to revive it as a remedy for intestine com- 
motions and for pestilence, with which Greece was 
then afflicted. Iphitus thereupon induced the 
Eleans to sacrifice to Heracles, whom they had 
formerly regarded as an enemy, and from this time 
the games were regularly celebrated. (Paus. I. c.) 
Different dates are assigned to Iphitus by ancient 
writers, some placing his revival of the Olympiad 
at B. c. 884, and others, as Callimachus, at b. c. 
828. (Clinton, Fast. Hell. p. 409. t.) The interval 
of four years between each celebration of the 
festival was called an Olympiad ; but the Olym- 
piads were not employed as a chronological aera 
till the victory of Coroebus in the foot-race b. c. 
776. [Olympias.] 

The most important point in the renewal of the 
festival by Iphitus was the establishment of the 
e/f6X€i/)/a, or sacred armistice, the formula for pro- 
claiming which was inscribed in a circle on the 
disc mentioned above. The proclamation was 
made by peace-heralds (rrirov5o<p6poi), first in Elis 
and afterwards in the other parts of Greece ; it put 
a stop to all warfare for the month in which the 
games were celebrated, and which was called 
Uponyvia. The territory of Elis itself was con- 
sidered especially sacred during its continuance, 
and no armed force could enter it without incur- 
ring the guilt of sacrilege. When the Spartans on 
one occasion sent forces against the fortress Phyr- 
cum and Lepreum during the existence of the 
Olympic truce (eV reus 'OAu/CTia/cais oTroeoais), 
they were fined by the Eleans, according to the 
Olympic law, 2000 minae, being two for each 
Hoplite. (Thucyd. v. 49.) The Eleans, however, 
pretended not only that their lands were inviolable 



OLYMPIA. 



OLYMPIA. 



329 



during the existence of the truce, hut that by the 
original agreement with the other states of Pelo- 
ponnesus their lands were made sacred for ever, 
and were never to be attacked by any hostile force 
(Strabo, viiL p. 358) ; and they further stated that 
the first violation of their territory was made by 
Pheidon of Argos. But the Eleans themselves did 
not abstain from arms, and it is not probable that 
such a privilege would have existed without im- 
posing on them the corresponding duty of refrain- 
ing from attacking the territory of their neighbours. 
The later Greeks do not appear to have admitted 
this claim of the Eleans, as we find many cases in 
which their country was made the scene of war. 
(Xen. Hell. iii. 2. § 23, &C., vii. 4, &c.) 

The Olympic festival was probably confined at 
first to the Peloponnesians ; but as its celebrity 
extended, the other Greeks took part in it, till at 
length it became a festival for the whole nation. 
No one was allowed to contend in the games but 
persons of pure Hellenic blood: barbarians might 
be spectators, but slaves were entirely excluded. 
All persons who had been branded by their own 
states with Atimia, or had been guilty of any 
offence against the divine laws were not permitted 
to contend. (Compare Demosth. c. Aristocrat, pp. 
631, 632.) When the Hellenic race had been ex- 
tended by colonics to Asia, Africa, and other parts 
of Europe, persons contended in the games from 
very distant places ; and in later times a greater 
number of conquerors came from the colonies than 
from the mother country. After the conquest of 
Greece by the Romans, the latter were allowed to 
take part in the games. The emperors Tiberius 
and Nero were both conquerors, and Pausanias 
(v. 20. § 4) speaks of a Roman senator who gained 
the victory. During the freedom of Greece, even 
Greeks were sometimes excluded, when they had 
been guilty of a crime which appeared to the Eleans 
to deserve this punishment The horses of Hieron 
of Syracuse were excluded from the chariot-race 
through the influence of Thcmistocles, because he 
had not taken part with the other Greeks against 
the Persians. (Plut, Them. 25 ; Aclian, V. H. ix. 
6.) All the Lacedaemonians were excluded in the 
90th Olympiad, because they had not paid the fine 
for violating the Elean territory, as mentioned above 
(Thuc. v. 49, 50 ; Paus. iii. If. § 2) ; and similar 
cases of exclusion are mentioned by the ancient 
writers. 

No women were allowed to be present or even 
to cross the Alpheus during the celebration of the 
games under penalty of being hurled down from 
the Typacan rock. Only one instance is recorded 
of a woman having ventured to be present, and she, 
although detected, was pardoned in consideration 
of her father, brothers, and son having been victors 
in the games. (Pans. v. 6. §5* ; Ael. V.H.X. 1.) 
An exception was made to this law in favour of 
the priestess of Demetcr Chamyne, who snt on on 
altar of white marble opposite to the llellonodicnc. 
(Paus. vi. 20. § 6 ; compare Suet. AVrr. c. 12.) 

* It would appear from another passage of Pau- 
sanias that I'iri/i/u were allowed to be present, 
though married women were not (napPtvovt 3« 
ovk tlpynviri UtaaairOai, vi. 20. § 6) ; but this 
statement is opposed to all others en the subject, 
nnd the reading of the passage seems to be doubt- 
ful. (Sec Valckcnaer, ail Theocr. Adun. pp. J 96, 
197.)) 



Women were, however, allowed to send chariots to 
the races ; and the first woman, whose horses won 
the prize, was Cynisca, the daughter of Archida- 
mus, and sister of Agesilaus. (Paus. iii. 8. § 1.) 
The number of spectators at the festival was very 
great ; and these were drawn together not merely 
by the desire of seeing the games, but partly 
through the opportunity it afforded them of carry- 
ing on commercial transactions with persons from 
distant places (Veil. i. 8 ; mercatus Ohimpiacus, 
Justin, xiii. 5), as is the case with the Mohammedan 
festivals at Mecca and Medina. Many of the per- 
sons present were also deputies (decupoi) sent to 
represent the various states of Greece ; and we find 
that these embassies vied with one another in the 

I number of their offerings, and the splendour of 
their general appearance, in order to support the 

! honour of their native cities. The most illustrious 
citizens of a state were frequently sent as dewpoi. 
(Thuc. vi. 16 ; Andoc. c. Ale. pp. 126, 127. Reiske.) 

The Olympic festival was a Pentaeteris (irevTat- 
TTjpis), that is, according to the ancient mode of 
reckoning, a space of four years elapsed between 
each festival, in the same way as there was only a 
space of two years between a TpuTtipis. According 
to the Scholiast on Pindar {ad 01. iii. 35, 156'ckh), 
the Olympic festival was celebrated at an interval 
sometimes of 49, sometimes of 50 months ; in the 
former case in the month of Apollonius, in the 
latter in that of Parthenius. This statement ha3 
given rise to much difference of opinion from the 
time of J. Scaliger ; but the explanation of Bbckh 
in his commentary on Pindar is the most satisfac- 
tory, that the festival was celebrated on the first 
full moon after the summer solstice, which some- 
times fell in the month of Apollonius, and some- 
times in Parthenius, both of which he considers to 
be the names of Elean or Olympian months : con- 
sequently the festival was usually celebrated in the 
Attic month of Hecatombaeon. It lasted, after all 

I the contests had been introduced, five days, from 

I the 11th to the 15th davs of the month inclusive. 
(Schol. ad Find. 01. v. 6.) The fourth day of the 
festival was the 1 4th of the month, which was the 
day of the full-moon and which divided the month 
into two equal parts ( Six^im /iqs>a, Pind. 01. iii. 
19 ; Schol. ait loc). 

The festival was under the immediate superin- 
tendence of the Olympian Zeus, whose temple at 
Olympia, adorned with the statue of the cod made 
by Phidias, was one of the most splendid works of 
Grecian art. (Paus. v. 10, &c.) There were also 
temples and altars to most of the other gods. The 
festival itself may be divided into two parts, the 
games or contests (07011' 'OAu/tTriuKiis, aiOKwv 
u.i.AAeri. Kpioti af0\uv, Tf0fihs cu'Cauic, viKa<po- 
pi'ai), and the festive rites (ioprri) connected with 
the sacrifices, with the processions and with the 
public banquets in honour of the conquerors. Thus 
Pausanias distinguishes between the two parts of 
the festival, when he speaks of iliv aywva it> 
'OAv/iiri'o irairiryvpiv tc '( '.• mnruuchv (v. 4. $ 4). 
The conquerors in the games, and private indivi- 
duals, as well as the theori or deputies from the 
various states, offered sacrifices to the different 
gods ; but the chief sacrifices were offered by the 
Eleans in the name of the Elean state. The order 
in which the Eleans offered their sacrifices to the 
different gods is given in a |>assage of Pausanias 
(v. 14. § 5). There has been considerable dispute 
among modern writers, whether the sacrifices were 



830 



OLYMPIA. 



OLYMPIA. 



offered by the Eleans and the Theori at the com- 
mencement or at the termination of the contests ; 
our limits do not allow us to enter into the contro- 
versy, but it appears most probable that certain 
sacrifices were offered by the Eleans as introductory 
to the games, but that the majority were not offered 
till the conclusion, when the flesh of the victims 
"was required for the public banquets given to the 
victors. 

The contests consisted of various trials of strength 
and skill, which were increased in number from 
time to time. There were in all twenty-four con- 
tests, eighteen in which men took part, and six in 
which boys engaged, though they were never all 
exhibited at one festival, since some were abolished 
almost immediately after their institution, and 
others after they had been in use only a short time. 
"We subjoin a list of these from Pausanias (v. 8. 
§ 2, 3, 9. §1,2; compare Plut. Symp. v. 2), with 
the date of the introduction of each, commencing 
from the Olympiad of Coroebus : — 1. The foot-race 
(Sp<i,uos), which was the only contest during the 
first 1 3 Olympiads. 2. The SiavAos, or foot-race, in 
which the stadium was traversed twice, first intro- 
duced in 01. 14. 3. The S6\ixos, a still longer foot- 
race than the SiavXos, introduced in 01. 15.* For 
a more particular account of the SiauXos and S6\t- 
Xos see Stadium. 4. Wrestling (waAi;) [Lucta], 
and 5. The Pentathlum (irevTaBAov), which consisted 
of five exercises [Pentathlum], both introduced 
in 01. 18. 6. Boxing (irvy/ify, introduced in 01. 23. 
[Pugilatus.] 7. The chariot-race, with four full- 
grown horses ^lirwwv TeAetwv Sp6fios, ap/j.a), intro- 
duced in 01. 25. 8. The Pancratium (nayKpaTiou) 
[Pancratium], and 9. The horse-race (liriros 
/ce'A^s), both introduced in 01. 33. 10 and 11. 
The foot-race and wrestling for boys, both intro- 
duced in 01. 37. 12. The Pentathlum for boys, 
introduced in 01. 38, but immediately afterwards 
abolished. 13. Boxing for boys, introduced in 01. 
41. 14. The foot-race, in which men ran with the 
equipments of heavy-armed soldiers (ruv iirAnwv 
Sp6fxos), introduced in 01. 65, on account of its 
training men for actual service in war. 15. The 
chariot-race with mules (cbriji'Tj), introduced in 01. 
70 ; and 16. The horse-race with mares (/caA7n;), 
described by Pausanias (v. 9. § 1, 2), introduced 
in 01. 71, both of which were abolished in 01. 84. 

17. The chariot-race with two full-grown horses 
('iiriritiv TtXeiwv avvupis), introduced in 01. 93. 

18, 19. The contest of heralds (/djpu/ces) and 
trumpeters (rraXinyKTai), introduced in 01. 96. 
(African, ap. Euseb. XP 0V - L 'EAA. oA. p. 41 ; 
Paus. v. 22. § 1 ; compare Cic. ad Fam. v. 12.) 
20. The chariot-race with four foals (itwKoiv 
txpfiaoiv), introduced in 01. 99. 21. The chariot- 
race with two foals (irtuAwc ffuvapis), introduced 
in 01. 128. 22. The horse-race with foals (irdiAos 
KeArjs), introduced in 01. 131. 23. The Pancra- 

* Some words appear to have dropped out of the 
passage of Pausanias. In every other case he 
mentions the name of the first conqueror in each 
new contest, but never the name of the conqueror 
in the same contest in the following 01. In this 
passage, however, after giving the name of the first 
conqueror in the Diaulos, he adds, rfj Se e£?}s 
"AkclvOos. There can be little doubt that this must 
be the name of the conqueror in the Dolichos ; 
which is also expressly stated by Africanus (apud 
Eus. XP 0V "BAA. b\. p. 39). 



tium for boys, introduced in 01.145. 24. There 
was also a horse-race (fanos KeATjr) in which boys 
rode (Paus.vi. 2. § 4, 12. § 1, 13. § 6), but we 
do not know the time of its introduction. Of these 
contests, the greater number were in existence in 
the heroic age, but the following were introduced 
for the first time by the Eleans : — all the contests 
in which boys took part, the foot-race of Hoplites, 
the races in which foals were employed, the chariot- 
race in which mules were used, and the horse-race 
with mares {nah-nt)). The contests of heralds and 
trumpeters were also probably introduced after the 
heroic age. 

Pausanias (v. 9. § 3) says that up to the 77th 
Olympiad, all the contests took place in one day ; 
but as it was found impossible in that Olympiad to 
finish them all in so short a time, a new arrange- 
ment was made. The number of days in the whole 
festival, which were henceforth devoted to the 
games, and the order in which they were cele- 
brated, has been a subject of much dispute among 
modern writers, and in many particulars can be 
only matter of conjecture. The following arrange- 
ment is proposed by Krause (Olympia, p. 106) : — ■ 
On the first day, the initiatory sacrifices were 
offered, and all the competitors classed and arranged 
by the judges. On the same day, the contest 
between the trumpeters took place ; and to this 
succeeded on the same day and the next the 
contests of the boys, somewhat in the following 
order : — the Foot-Race, Wrestling, Boxing, the 
Pentathlum, the Pancratium, and lastly, the Horse- 
Race. On the third day, which appears to have 
been the principal one, the contests of the men took 
place, somewhat in the following order: — the simple 
Foot-Race, the Diaulos, the Dolichos, Wrestling, 
Boxing, the Pancratium, and the Race of Hoplites. 
On the fourth day the Pentathlum, either before or 
after the Chariot and Horse-Races, which were 
celebrated on this day. On the same day or on 
the fifth, the contests of the Heralds may have 
taken place. The fifth day appears to have been 
devoted to processions and sacrifices, and to the 
banquets given by the Eleans to the conquerors in 
the Games. 

The judges in the Olympic Games, called Hel- 
lanodicae ('EAAapoSi/cai), were appointed by the 
Eleans, who had the regulation of the whole festi- 
val. It appears to have been originally under the 
superintendence of Pisa, in the neighbourhood of 
which Olympia was situated, and accordingly we 
find in the ancient legends the names of Oenomaus, 
Pelops, and Augeas as presidents of the Games. 
But after the conquest of Peloponnesus by the Do- 
rians on the return of the Heraclidae, the Aetolians, 
who had been of great assistance to the Heraclidae, 
settled in Elis, and from this time the Aetolian 
Eleans obtained the regulation of the festival, and 
appointed the presiding officers. (Strabo, viii. pp. 
357, 358.) Pisa, however, did not quietly re- 
linquish its claim to the superintendence of the 
festival, and it is not improbable that at first it had 
an equal share with the Eleans in its administra- 
tion. The Eleans themselves only reckoned three 
festivals in which they had not had the presidency, 
namely, the 8th, in which Pheidon and the Piseans 
obtained it ; the 34th, which was celebrated under 
the superintendence of Pantaleon, king of Pisa ; 
and the 104th, celebrated under the superintend- 
ence of the Piseans and Arcadians. These Olym- 
piads the Eleans called avoAvfimaSes, as cele- 



OLYMPIA. 



OLYMPIA. 



831 



brated contrary to law. (Paus. vL 22. § 2, 4. 
§2.) 

The Hellanodicae were chosen by lot from the 
whole body of the Eleans. Pausanias (v. 9. § 4, 5) 
has given an account of their numbers at different 
periods ; but the commencement of the passage 
is unfortunately corrupt. At first, he says, there 
were only two judges chosen from all the Eleans, 
but that in the 25th 01. (75th 01. ?) nine Hel- 
lanodicae were appointed, three of whom had the 
superintendence of the horse-races, three of the 
Pentathlum, and three of the other contests. Two 
Olympiads after, a tenth judge was added. In 
the 1 03rd 01. the number was increased to 1 2, as 
at that time there were 12 Elcan Phylae, and a 
judge was chosen from each tribe ; but as the 
Eleans afterwards lost part of their lands in war 
with the Arcadians, the number of Phylae was re- 
duced to eight in the 104th 01., and accordingly 
there were then only eight Hellanodicae. But in 
the 108th 01. the number of Hellanodicae was in- 
creased to 10, and remained the same to the time 
of Pausanias. (Paus. I.e.) 

The Hellanodicae were instructed for ten months 
before the festival by certain of the Elean magis- 
trates, called Nono<pv\aKt s, in a building devoted to 
the purpose near the market-place, which was called 
'EWavooiKaiiiy. (Paus. vi. 24. § 3.) Their office 
probably only lasted for one festival. They had 
to see that all the laws relating to the games were 
observed by the competitors and others, to deter- 
mine the prizes, and to give them to the con- 
querors. An appeal lay from their decision to the 
Elcan senate. (Paus. vi. 3. § 3.) Their office was 
considered most honourable. They wore a purple 
robe (vofHpvp'H ), and had in the Stadium special 
seats appropriated to them. ( Paus. vi. 20. § 5, 6, 
7 ; Bekker, Aneed. p. 249. 4.) Under the direc- 
tion of the Hellanodicae was a certain number of 
oAutoi with an aKvT&pxw at their head, who 
formed a kind of police, and carried into execution 
the commands of the Hellanodicae. (Lucian, Hem, 
c. 40. vol. i. p. 738, Reitz ; Etym. Mag. p. 72. 
13.) There were also various other minor officers 
under the control of the Hellanodicae. 

All free Greeks were allowed to contend in the 
games, who had complied with the rules prescribed 
to candidates. The equestrian contests were neces- 
sarily confined to the wealthy ; but the poorest 
citizens could contend in the athletic contests, of 
which Pausanias (vi. 10. § 1) mentions an exam- 
ple. This, however, was far from degrading the 
games in public opinion ; and some of the noblest 
as well as meanest citizens of the state took part 
in these contests. The owners of the chariots and 
horses were not obliged to contend in person ; and 
the wealthy vied with one another in the number 
and magnificence of the chariots and horses which 
they sent to the games. Alcibiades sent seven 
chariots to one festival, a greater number than had 
ever been entered by a private person (Thuc. vi. 
Hi), and the Greek kings in Sic ily, Macedon, and 
other part, of the Hellenic world contended with 
one another for the prize in the equestrian contests. 

All persons, who were about to contend, had to 
prove to the Hellanodicae that they were freemen, 
of pure Hellenic blond, had not been branded with 
Atimia, nor guilty of any sacrilegious act. They 
further had to prove that they had undergone the 
preparatory training (trpirfv/ivdiTfiaTa) fur ten 
months previously, and the truth of this they were 



obliged to swear to in the BovKevrriptov at 
Olympia before the statue of Zeus "Ofwcios. The 
fathers, brothers, and gymnastic teachers of the 
competitors, as well as the competitors themselves, 
had also to swear that they would be guilty of no 
crime (Koa<ovpyTjfia) in reference to the contests. 
(Paus. v. 24. § 2.) All competitors were obliged, 
thirty days previous to the festival, to undergo 
certain exercises in the Gymnasium at Elis, under 
the superintendence of the Hellanodicae. (Paus. 
vi. 26. § 1 — 3, 24. § 1.) The different contests, 
and the order in which they would follow one 
another, were written by the Hellanodicae upon a 
tablet (KtvKwua) exposed to public view. (Com- 
pare Dion Cass, lxxix. 1 0.) 

The competitors took their places by lot, and 
were of course differently arranged according to the 
different contests in which they were to be engaged. 
The herald then proclaimed the name and country 
of each competitor. (Compare Plato, Leg. viii. p. 
833.) When they were all ready to begin the 
contest, the judges exhorted them to acquit them- 
selves nobly, and then gave the signal to com- 
mence. Any one detected in bribing a competitor 
to give the victory to his antagonist was heavily 
fined ; the practice appears to have been not un- 
common from the many instances recorded by Pau- 
sanias (v. 21). 

The only prize given to the conqueror was a 
garland of wild olive (kotikos), which according to 
the Elean legends was the prize originally insti- 
tuted by the Idaean Heracles. (Paus. v. 7. § 4.) 
Hut according to Phlegon's account (ITtpl twv 
'OAu/iartw, p. 140), the olive crown was not given 
as a prize upon the revival of the games by Iphitus, 
and was first bestowed in the seventh Olympiad 
with the approbation of the oracle at Delphi. This 
garland was cut from a sacred olive tree, called 
lAaia Ko\AnTT€^)a>'os, which grew in the sacred 
grove of Altis in Olympia, near the altars of Aphro- 
dite and the Hours. (Paus. v. 15. § 3.) Heracles 
is said to have brought it from the country of the 
Hyperboreans, and to have planted it himself in 
the Altis. (Pind. Ol. iii. 14 ; Miiller, Dot. ii. 12. 
§ 3.) A boy, both of whose parents were still 
alive (afiipiBaAiis ireus) cut it with a golden sickle 
(XP va V optnavip). The victor was originally 
crowned upon a tripod covered over with bronze 
(rp'movs iirixa^Kos), but afterward*, and in the 
time of Pausanias, upon a table made of ivory and 
gold. (Paus. v. 12. § 3, 20. § 1, 2.) Palm 
branches, the common tokens of victory on other 
occasions, were placed in their hands. The name 
of the victor, and that of his father and of his 
country, were then proclaimed by a herald before 
the representatives of assembled Greece. The 
festival ended with processions and sacrifices, and 
with a public banquet given by the Eleans to the 
conquerors in the Prytaneum. (Paus. v. 15. § 8.) 

The most powerful states considered an Olympic 
victory, gained by one of their citizens, to confer 
honour upon the state to which he belonged ; and 
a conqueror usually had immunities and privileges 
conferred upon him by the gratitude of his fellow- 
citizens. The Eleans allowed his statue to be 
placed in the Altis, or sncred grove of ZetU, which 
was adorned with numerous such statues erected 
by the conquerors or their families, or at the ex- 
pence of the states of which they were citizens. 
On his return home, the victor entered the city in 
a triumphal procession, in which his proiscs were 



832 



OLYMPIA. 



OLYMPIA. 



celebrated frequently in the loftiest strains of 
poetry. (Compare Athletae, p. 167.) 

Sometimes the victory was obtained without a 
contest, in which case it was said to be o.kovltI. 
This happened either when the antagonist, who 
was assigned, neglected to come or came too late, 
or when an Athletes had obtained such celebrity 
by former conquests or possessed such strength and 
skill that no one dared to oppose him. (Paus. vi. 
7. § 2.) When one state conferred a crown upon 
another state, a proclamation to this effect was fre- 
quently made at the great national festivals of the 
Greeks. (Demosth. de Cor. p. 265.) 

As persons from all parts of the Hellenic world 
were assembled together at the Olympic Games, it 
was the best opportunity which the artist and the 
writer possessed of making their works known. In 
fact, it answered to some extent the same purpose 
as the press does in modern times. Before the in- 
vention of printing, the reading of an author's 
works to as large an assembly as could be obtained, 
was one of the easiest and surest modes of publish- 
ing them ; and this was a favourite practice of the 
Greeks and Romans. Accordingly, we find many 
instances of literary works thus published at the 
Olympic festival. Herodotus is said to have read 
his history at this festival ; but though there are 
some reasons for doubting the correctness of this 
statement, there are numerous other writers who 
thus published their works, as the sophist Hippias, 
Prodicus of Ceos, Anaximenes, the orator Lysias, 
Dion Chrysostorn, &c. (Compare Lucian, Herod. 
c. 3, 4. vol. i. p. 834, Reitz.) It must be borne in 
mind that these recitations were not contests, and 
that they formed properly no part of the festival. 
In the same way painters and other artists ex- 
hibited their works at Olympia. (Lucian, I. c.) 

The Olympic Games continued to be celebrated 
with much splendour under the Roman emperors, 
by many of whom great privileges were awarded 
to the conquerors. [Athletae, p. 167.] In the 
sixteenth year of the reign of Theodosius, A. D. 394 
(01. 293), the Olympic festival was for ever abo- 
lished ; but we have no account of the names of 
the victors from 01. 249. 

Our limits do not allow us to enter into the 
question of the influence of the Olympic Games 
upon the national character ; but the reader will 
find some useful remarks on this subject in Thirl - 
wall's Hist, of Greece, vol. i. p. 390, &c. 

There were many ancient works on the subject 
of the Olympic Games and the conquerors therein. 
One of the chief sources from which the writers 
obtained their materials, must have been the re- 
gisters of conquerors in the games, which were dili- 
gently preserved by the Eleans. ('HA.eiW es robs 
'0\vji.iuoviKa.s ypdjxfiara, Paus. iii. 21. § 1, v. 21. 
§ 5, vi. 2. § 1 ; to 'HAeiW ypd/xfiara apx^ia, v. 
4. § 4.) One of the most ancient works on this sub- 
ject was by the Elean Hippias, a contemporary of 
Plato, and was entitled avaypa^ 'OKvixitiovikSiv. 
(Plut. Numa, 1.) Aristotle also appears to have 
written a work on the same subject. (Diog. Laert. 
v. 26.) There was a work by Timaeus of Sicily, 
entitled 'OAv[x.itiovikcu 3) XP 0VIK °- irpafi'Sia, and 
another by Eratosthenes (born B. c. 275) also called 
'OKvix-wiovMai. (Diog. Laert. viii. 51.) The Athe- 
nian Stesicleides is mentioned as the author of an 
avaypacpT] tu>v apx^vroiv kclI 'OKvfXinoviKaiv (Diog. 
Laert. ii. 56), and Pliny {H.N. viii. 34) speaks 
of Agriopas as a writer of Olympionicae. 



There were also many ancient works on the 
Greek festivals in general, in which the Olympic 
Games were of course treated of. Thus the work 
of Dicaearchus Ylepl 'hydivwv (Diog. Laert. v. 47), 
contained a division entitled 6 'OAv/juriK.6s. (Athen. 
xiv. p. 620, d.) 

One of the most important works on the Olym- 
pic Games was by Phlegon of Tralles, who lived 
in the reign of Hadrian ; it was entitled Tlepl ra>v 
' OXvfjL-wiuv or 'OAiijiunW /col XpoviKwy y,vvayo>yfi, 
was comprised in 16 books, and extended from the 
first Olympiad to 01. 229. We still possess two 
considerable fragments of it. The important work 
of Julius Africanus, 'EAArjcoiv 'OAvfj.iridSes euro 
rrjs 7rpwT7)s, &c, is preserved to us by Eusebius ; 
it comes down to 01. 249. Dexippus of Athens, in 
his XP 0VIK ^ laropla, carried down the Olympic 
conquerors to 01. 262. 

In modern works much useful information on 
the Olympic games is given in Corsini's Dissert. 
Agonisticae, and in Bdckh's and Dissen's editions 
of Pindar. See also Meier's article on the Olym- 
pic Games, and Rathgeber's articles on Olympia, 
Olympieion, and Olympischer Jupiter in Ersch and 
Gruber's Encyclopadie ; Dissen, TJeber die Anord- 
nungder Olympischen Spiele, in his Kleine Schriften, 
p. 185 ; and Krause, Olympia oder Darstellung der 
grossen Olympischen Spiele, Wien, 1838. 

In course of time festivals were established in 
several Greek states in imitation of the one at 
Olympia, to which the same name was given. 
Some of these are only known to us by inscrip- 
tions and coins ; but others, as the Olympic festi- 
val at Antioch, obtained great celebrity. After 
these Olympic festivals had been established in 
several places, the great Olympic festival is some- 
times designated in inscriptions by the addition of 
"in Pisa," iv Yleirrp. (Compare Bdckh, Inscr. n. 
247. pp. 361, 362. 'n. 1068. p. 564.) We subjoin 
from Krause an alphabetical list of these smaller 
Olympic festivals. They were celebrated at : — 

Aegae in Macedonia. This festival was in exist- 
ence in the time of Alexander the Great. (Arrian, 
Anab. i. 11.) 

Alexandria. (Gruter, Inscr. p. cccxiv. n. 240.) 
In later times, the number of Alexandrian con- 
querors in the great Olympic Games was greater 
than from any other state. 

Anazarbus in Cilicia. This festival was not in- 
troduced till a late period. ( Eckhel, Doctr. Num. 
iii. p. 44.) 

Antioch in Syria. This~ festival was celebrated 
at Daphne, a small place, 40 stadia from Antioch, 
where there was a large sacred grove watered by 
many fountains. The festival was originally called 
Duphnea, and was sacred to Apollo and Arte- 
mis (Strabo, xvi. p. 750 ; Athen. v. p. 194), but 
was called Olympia, after the inhabitants of An- 
tioch had purchased from the Eleans, in A. D. 44, 
the privilege of celebrating Olympic games. It 
was not, however, regularly celebrated as an Olym- 
pic festival till the time of the emperor Commodus. 
It commenced on the first day of the month Hy- 
perberetaeus (October), with which the year of 
Antioch began. It was under the presidency of 
an Alytarches. The celebration of it was abo- 
lished by Justin, a. d. 521. The writings of Li- 
banius, and of Chrysostorn, the Christian Father, 
who lived many years at Antioch, gave various 
particulars respecting this festival. 

Atliens. There were two festivals of the name 



OLYMPIAS. 



OLYMPIAS. 



833 



of Olympia celebrated at Athens, one of which was 
in existence in the time of Pindar (Pind. Nern. 
ii. 23, &c. ; Schol. ad loc.), who celebrates the 
ancestors of the Athenian Timodemus as conquerors 
in it, and perhaps much earlier (SchoL ad Time. i. 
126). It was celebrated to the honour of Zeus, in 
the spring between the great Dionysia and the 
Bendidia. (Bdckh, Jnscr. pp. 53, 250 — 252.) 
The other Olympic festival at Athens was insti- 
tuted by Hadrian A. D. 131 ; from which time a 
new Olympic aera commenced. (Corsini, Fast. AH. 
vol. ii. pp. 105, 110, 6ic. ; Spartian. Hadr. 13.) 
[Olympias.] 

Attalia in Pamphylia. This festival is only 
known to us by coins. (Rathgeber, /. c. p. 32G.) 

Cyzicus. (Bockh, laser, n. 2b" 10.) 

Cyrene. (Bockh, Explkat. Pind. p. 328.) 

Dium in Macedonia. These games were insti- 
tuted by Archelaus, and lasted nine days, corre- 
sponding to the number of the nine Muses. They 
were celebrated with great splendour by Philip II. 
and Alexander the Great. (Diodor. xvii. 16; Dion 
Chrysost. vol. i. p. 73, Kciske ; Suidas, s. v. 
'Ara^ocSpiOTjs.) 

Kphesus. This festival appears by inscriptions, 
in which it is sometimes called 'ASpiava 'OAuuirio 
iv 'E<p(<T(f, to have been instituted by Hadrian. 
(Bockh, Inscr. n. 2810 ; compare n. 2987, 3000.) 

Elis. Besides the great Olympic Games, there 
appear to have been smaller ones celebrated yearly. 
(Anealht. O'r. cd. Siebenk. p. 95.) 

Maijnesia in Lvdia. (Ralbgcbcr, /. c. pp. 326, 
327.) 

Neapolis. (Corsini, Diss. Agon, iv. 14. p. 103.) 

Nicaea in Bithynia. ( Eustath. ad Dionys . Perieg. 
pp. 172, 173, in Geogr. Min. ed. Bemhardy.) 

Nicopolis in Epeirus. Augustus, after the con- 
quest of Antony, off Actium, founded Nicopolis, 
and instituted games to be celebrated every five 
years (0701V r(vr€rnpiK6s) in commemoration of 
his victory. These games are sometimes called 
Olympic, but more frequently bear the name of 
Actia. They were sacred to Apollo, and were 
under the care of the Lacedaemonians. (Strabo, 
vii. p. 325.) [Actia.] 

Olympus in Thcssaly, on the mountain of that 
name. (Schol. ad ApolL Rkod. Argonaut, i. 599.) 

Pergamns in Mysia. (Bockh, lnscr. n. 2810 ; 
Mionnct, ii. 610. n. 626.) 

Sid*, in Pamphylia. (Rathgeber, p. 129.) 

Smyrn*. Pausanias (vi. 14. 8 1) mentions an 
Agon of the Smymacans, which Corsini (Diss. 
Agon. i. 12. p. 20) supposes to be an Olympic 
festival. The Marmor Oxoniensc expressly men- 
tions Olympia at .Smyrna, and they also occur in 
inscriptions.. (fJmter, Inscr. p. ;J14. 1 ; Bockh, 
Inscr. ad n. 1 720.) 

Tarsus in Cilicia. This festival is only known 
to us by coins. (Krause, p. 228.) 

Tegea in Arcadia. (Bockh, Jnscr. n. 1513. p. 
700.) 

Thrssalonica in Macedonia. (Krause, p. 230.) 

Th/nlira in Lydia. (Rathgeber, p. 328.) 

TraUfs in Lydia. (Krause, p. 233.) 

Tyrus in Phoenicia. ( Rathireber, p. 328.) 

OLY'MI'IAS ('OAu/iiri(£i), the most celebrated 
chronological aera among the Greeks, was the 
period of four yearn, which elapsed between each 
celebration of the Olympic Games. The Olympiads 
began to !><• reckoned from tlx- victory of Coroebua 
in the foot-race, which happened in the year u. C, 



I 776. (Paus. v. 8. § 3, viii. 26. § 3 ; Strab. viii. 
p. 355.) Timaeus of Sicily, however, who flourished 
B. c. 264, was the first writer who regularly ar- 
ranged events according to the conquerors in each 
Olympiad, with which aera he compared the years 
of the Attic Archons, the Spartan Ephors, and that 
of the Argive priestesses. (Polyb. xii. 12. § 1.) His 
1 practice of recording events by Olympiads was fol- 
j lowed by Polybius, Diodorus Siculus, Dionysius of 
Halicarnassus, and sometimes by Pausanias, Aelian, 
Diogenes Laertius, Arrian, tic. It is twice adopted 
by Thucydides (iii. 8, v. 49) and Xenophon (Ihll. 
i. 2. § 1, ii. 3. § 1 ). The names of the conquerors 
in the foot-race were only used to designate the 
Olympiad, not the conquerors in the other contests. 
Thucydide3 (11. cc.), however, designates two 
Olympiads by the name of the conquerors in the 
Pancratium ; but this appears only to have been 
done on account of the celebrity of these victors, 
both of whom conquered twice in the Pancratium. 
Other writers, however, adhere so strictly to the 
practice of designating the Olympiad only by the 
conqueror in the foot-race, that even when the 
same person had obtained the prize in other con- 
tests as well as in the foot-race, they only mention 
the latter. Thus Diodorus (xi. 70) and Pausanias 
(iv. 24. § 2) only record the conquest of Xenophon 
of Corinth in the foot-race, although he had also 
conquered at the same festival in the Pentathlum. 

The writers, who make use of the aeras of the 
Olympiads, usually give the number of the Olym- 
piad (the first corresponding to b. c. 776), and then 
the name of the conqueror in the foot-race. Some 
writers also speak of events as happening in the 
first, second, third, or fourth year, as the case may 
be, of a certain Olympiad ; but others do not give 
the separate years of each Olympiad. The rules 
for converting Olympiads into the year b. c, and 
vice versa, arc given under Chkonologia, p. 281 ; 
but as this is troublesome, we subjoin for the use 
of the student a list of the Olympiads with the years 
of the Christian aera corresponding to them from 
the beginning of the Olympiads to a. d. 301. To 
save space the separate years of each Olympiad, 
with the corresponding years B. c, are only given 
from the 47th to the 126th Olympiad, as this is the 
most important period of Grecian history ; in the 
other Olympiads the first year only is given. In 
consulting the following table it must be bome in 
mind that the Olympic Games were celebrated 
about Midsummer [Oi.v.Mi'iA ], and that the Attic 
year commenced at about the same time. If, 
therefore, an event happened in the second half of 
the Attic year, the year B. c. must be reduced by I. 
Thus Socrates was put to death in the 1st year of 
the 95th Olympiad, which corresponds in the fol- 
lowing table to B.C. 400 ; but as his death hap- 
pened in Tliargelion, the 11th month of the Attic 
year, the year B. c. must be reduced by 1, which 
gives us B. c. 399, the true date of his death. 



B.C. 


01. 




B. C 


01. 


B. C 


01. 




776. 


1. 


1. 


736. 


11. 1. 


696. 


21. 


1. 


772. 


2. 


1. 


732. 


12. 1. 


692. 


22. 


1. 


768. 


3. 


1. 


728. 


13. 1. 


688. 


23. 


1. 


7C4. 


4. 


1. 


724. 


14. 1. 


684. 


24. 


1. 


7C0. 


5. 


1. 


720. 


15. 1. 


680. 


25. 


1. 


756. 


6. 


1. 


716. 


16. 1. 


676. 


26. 


1. 


752. 


7. 


1. 


712. 


17. 1. 


672. 


27. 


1. 


748. 


8. 


1. 


708. 


18. 1. 


668. 


28. 


1. 


744. 


9. 


1. 


701. 


19. 1. 


664. 


29. 


1. 


740. 


10. 


1. 


700. 


20. 1. 


660. 


oO. 


1. 



3 11 



834 



OLYMPIAS. 



OLYMPIAS. 



B. C. 


01. 




B. C. 


01. 




B. C. 


01. 




B. C. 


01. 




B. C. 


01. 




B. C. 


01. 




656. 


31. 


1. 


538. 




3. 


468. 


78. 


1. 


398. 




3. 


328. 


113. 


1. 


216. 


141. 


1. 


652. 


32. 


1. 


537. 




4. 


467. 




2. 


397. 




4. 


327. 




2. 


212. 


142. 


1. 


648. 


33. 


1. 


536. 


61. 


1. 


466. 




3. 


396. 


96. 


1. 


326. 




3. 


208. 


143. 


1. 


644. 


34. 


1. 


535. 




■2. 


465. 




4. 


395. 




2. 


325. 




4. 


204. 


144. 


1. 


640. 


35. 


1. 


534. 




3. 


464. 


79. 


1. 


394. 




3. 


324. 


114. 


1. 


200. 


145. 


1. 


636. 


36. 


1. 


533. 




4. 


463. 




2. 


393. 




4. 


323. 




2. 


196. 


146. 


1. 


632. 


37. 


1. 


532. 


62. 


1. 


462. 




3. 


392. 


97. 


1. 


322. 




3. 


192. 


147. 


1. 


628. 


38. 


1. 


531. 




2. 


461. 




4. 


391. 




2. 


321. 




4. 


188. 


148. 


1. 


624. 


39. 


1. 


530. 




3. 


460. 


80. 


1. 


390. 




3. 


320. 


115. 


1. 


184. 


149. 


1. 


620. 


40. 


1. 


529. 




4. 


459. 




2. 


389. 




4. 


319. 




2. 


180. 


150. 


1. 


616. 


41. 


1. 


528. 


63. 


1. 


458. 




3. 


388. 


98. 


1. 


318. 




3. 


176. 


151. 


1. 


612. 


42. 


1. 


527. 




2. 


457. 




4. 


387. 




2. 


317. 




4. 


172. 


152. 


1. 


608. 


43. 


1. 


526. 




3. 


456. 


81. 


1. 


386. 




3. 


316. 


116. 


1. 


168. 


153. 


1. 


604. 


44. 


1. 


525. 




4. 


455. 




2. 


385. 




4. 


315. 




2. 


164. 


154. 


1. 


600. 


45. 


1. 


524. 


64. 


1. 


454. 




3. 


384. 


99. 


1. 


314. 




3. 


160. 


155. 


1. 


596. 


46. 


1. 


523. 




'.!. 


453. 




4. 


383. 




2. 


313. 




4. 


156. 


156. 


1. 


592. 


47. 


1. 


522. 




3. 


452. 


82. 


1. 


382. 




3. 


312. 


117. 


1. 


152. 


157. 


1. 


591. 




2. 


521. 




4. 


451. 




2. 


381. 




4. 


311. 




2. 


148. 


158. 


1. 


590. 




3. 


520. 


65. 


1. 


450. 




3. 


380. 


100. 


1. 


310. 




3. 


144. 


159. 


1. 


589. 




4. 


519. 




2. 


449. 




4. 


379. 




2. 


309. 




4. 


140. 


160. 


1. 


588. 


48. 


1. 


518. 




3. 


448. 


83. 


1. 


378. 




3. 


308. 


118. 


1. 


136. 


161. 


1. 


587. 




2. 


517. 




4. 


447. 




2. 


377. 




4. 


307. 




2. 


132. 


162. 


1. 


586. 




3. 


516. 


66. 


1. 


446. 




3. 


376. 


101. 


1. 


306. 




3. 


128. 


163. 


1. 


585. 




4. 


515. 




2. 


445. 




4. 


375. 




2. 


305. 




4. 


124. 


164. 


1. 


584. 


49. 


1. 


514. 




3. 


444. 


84. 


1. 


374. 




3. 


304. 


119. 


1. 


120. 


165. 


1. 


583. 




2. 


513. 




4. 


443. 




2. 


373. 




4. 


303. 




•2. 


116. 


166. 


1. 


582. 




3. 


512. 


67. 


1. 


442. 




3. 


372. 


102. 


1. 


302. 




3. 


112. 


167. 


1. 


581. 




4. 


511. 




2. 


441. 




4. 


371. 




2. 


301. 




4. 


108. 


168. 


1. 


580. 


50. 


1. 


510. 




3. 


440. 


85. 


1. 


370. 




3. 


300. 


120. 


1. 


104. 


169. 


1. 


579. 




2. 


509. 




4. 


439. 




2. 


369. 




4. 


299. 




2. 


100. 


170. 


1. 


578. 




3. 


508. 


68. 


1. 


438. 




3. 


368. 


103. 


1. 


298. 




3. 


96. 


171. 


1. 


577. 




4. 


507. 




2. 


437. 




4. 


367. 




2. 


297. 




4. 


92. 


172. 


1. 


576. 


51. 


1. 


506. 




3. 


436. 


86. 


1. 


366. 




3. 


296. 


121. 


1. 


88. 


173. 


1. 


575. 




2. 


505. 




4. 


435. 




2. 


365. 




4. 


295. 




2. 


84. 


174. 


1. 


574. 




3. 


504. 


69. 


1. 


434. 




3. 


364. 


104. 


1. 


294. 




3. 


80. 


175. 


1. 


573. 




4. 


503. 




2. 


433. 




4. 


363. 




2. 


293. 




4. 


76. 


176. 


1. 


572. 


52. 


1. 


502. 




3. 


432. 


87. 


1. 


362. 




3. 


292. 


122. 


1. 


72. 


177. 


1. 


571. 




2. 


501. 




4. 


431. 




2. 


361. 




4. 


291. 




2. 


68. 


178. 


1. 


570. 




3. 


500. 


70. 


1. 


430. 




3. 


360. 


105. 


1. 


290. 




3. 


64. 


179. 


1, 


569. 




4. 


499. 




2. 


429. 




4. 


359. 




2. 


289. 




4. 


60. 


180. 


1. 


568. 


53. 


1. 


498. 




3. 


428. 


88. 


1. 


358. 




3. 


288. 


123. 


1. 


56. 


181. 


1. 


567. 




2. 


497. 




4. 


427. 




2. 


357. 




4. 


287. 




2. 


52. 


182. 


1. 


566. 




3. 


496. 


71. 


1. 


426. 




3. 


356. 


106. 


1. 


286. 




3. 


48. 


183. 


1. 


565. 




4. 


495. 




2. 


425. 




4. 


355. 




2. 


285. 




4. 


44. 


184. 


1. 


564. 


54. 


1. 


494. 




3. 


424. 


89. 


1. 


354. 




3. 


284. 


124. 


1. 


40. 


185. 


1. 


563. 




2. 


493. 




4. 


423. 




2. 


353. 




4. 


283. 




2. 


36. 


186. 


1. 


562. 




3. 


492. 


72. 


1. 


422. 




3. 


352. 


107. 


1. 


282. 




3. 


32. 


187. 


1. 


561. 




4. 


491. 




2. 


421. 




4. 


351. 




2. 


281. 




4. 


28. 


188. 


1. 


560. 


55. 


1. 


490. 




3. 


420. 


90. 


1. 


350. 




3. 


280. 


125. 


1. 


24. 


189. 


1. 


559. 




2. 


489. 




4. 


419. 




2. 


349. 




4. 


279. 




2. 


20. 


190. 


1. 


558. 




3. 


488. 


73. 


1. 


418. 




3. 


348. 


108. 


1. 


2/8. 




3. 


16. 


191. 


1. 


557. 




4. 


487. 




2. 


417. 




4. 


347. 




2. 


277. 




4. 


12. 


192. 


1. 


556. 


56. 


1. 


486. 




B. 


416. 


91. 


1. 


346. 




3. 


276. 


126. 


1. 


8. 


193. 


1. 


555. 




2. 


485. 




4. 


415. 




2. 


345. 




4. 


275. 




2. 


4. 


194. 


1. 


554. 




3. 


484. 


74. 


1. 


414. 




3. 


344. 


109. 


1. 


274. 




3. 








553. 




4. 


483. 




2. 


413. 




4. 


343. 




2. 


273. 




4. 


A. D. 


01. 


552. 


57. 


1. 


482. 




3. 


412. 


92. 


1. 


342. 




3. 


272. 


127. 


1. 


1. 


195. 


1. 


551. 




2. 


481. 




4. 


411. 




2. 


341. 




4. 


268. 


128. 


1. 


5. 


196. 


1. 


550. 




3. 


480. 


75. 


1. 


410. 




3. 


340. 


110. 


1. 


264. 


129. 


1. 


9. 


197. 


1. 


549. 




4. 


479. 




2. 


409. 




4. 


339. 




2. 


260. 


130. 


1. 


13. 


198. 


1. 


548. 


58. 


1. 


478. 




3. 


408. 


93. 


1. 


338. 




3. 


256. 


131. 


1. 


17. 


199. 


1. 


547. 




2. 


477. 




4. 


407. 




2. 


337. 




4. 


252. 


132. 


1. 


21. 


200. 


1. 


546. 




3. 


476. 


76. 


1. 


406. 




3. 


336. 


111. 


1. 


248. 


133. 


1. 


25. 


201. 


1. 


545. 




4. 


475. 




2. 


405. 




4. 


335. 




2. 


244. 


134. 


1. 


29. 


202. 


1. 


544. 


59. 


1. 


474. 




3. 


404. 


94. 


1. 


334. 




3. 


240. 


135. 


1. 


33. 


203. 


1. 


543. 




2. 


473. 




4. 


403. 




2. 


333. 




4. 


236. 


136. 


1. 


37. 


204. 


1. 


542. 




3. 


472. 


77. 


1. 


402. 




3. 


332. 


112. 


]. 


232. 


137. 


1. 


41. 


205. 


1. 


541. 




4. 


471. 




2. 


401. 




4. 


331. 




2. 


228. 


138. 


1. 


45. 


206. 


1. 


540. 


60. 


1. 


470. 




3. 


400. 


95. 


1. 


330. 




3. 


224. 


139. 


1. 


49. 


207. 


1. 


539. 




2. 


469. 




4. 


399. 




2 


329. 




4. 


220. 


140. 


1. 


53. 


208 


1. 



OPERIS NOVI NUNTIATIO. 



A. D. 


01. 




D 


01. 




A D 


01. 




Of • 


209. 


] p 


141. 


230. 


1, 


225. 


251. 


1 


O I. 


210. 


1_ 


145. 


231. 


1, 


229. 


252. 




D J. 


211. 


1. 


149. 


232. 


1, 


233 


253. 


1 




212. 


1. 


153. 


233. 


1. 


237. 


254. 


1 


/ o. 


213. 


1, 


157. 


234. 


1. 


241. 


255. 


1 


77 


214. 


1. 


161. 


235. 


1. 


245. 


256. 




81. 


215. 


1, 


165. 


236. 


1. 


249. 


257. 


1 


85. 


216. 


1. 


169. 


237. 


1. 


253. 


258. 


1 


89. 


217. 


1. 


173. 


238. 


1. 


257. 


259. 


] 


93. 


218. 


1. 


177. 


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240. 


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185. 


241. 


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262. 


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105. 


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1. 









Many of the ancient writers did not consider 
history to begin till the Olympiad of Coroebus, and 
regarded as fabulous the events said to have oc- 
curred in preceding times. (Censorinus, De Die 
Natal, e. 21 ; African, apud Euseb. Praep. x. 10. 
p. 487, d ; Clinton, Fast. Hell. vol. ii. Introd. p. ii.) ] 
The old Olympiad aera appears only to have 
been used by writers, and especially by historians. ' 
It does not seem to have been ever adopted 
by any state in public documents. It is never 
found on any coins, and scarcely ever on inscrip- 
tions. There are only two inscriptions published 
by Bockh in which it appears to be used. {Corp. 
Inner, n. 2682, 2999.) A new Olympiad aera, 
however, came into use under the Roman emperors, 
which is found in inscriptions and was used in 
public documents. This aera begins in 01 227. 3. 
(a. d. 131 ), in which year Hadrian dedicated the 
Olympieion at Athens ; and accordingly we find 
01. 227. 3. spoken of as the first Olympiad, 01. 
228. 3. (a. d. 135) as the second Olympiad, ice. 
(Biickh, Corp. Inter, n. 342, 446, 1345.) 

(Krause, Oli/mpia, p. 60, ice. ; VVurm de Pond., 
&c, § 94, &.C.) 

ONYX. [Scalptura.] 
OPA. [Metopa.] 

OI'A'LIA, a Unman festival in honour of Opis, 
which was celebrated on the 14th day before the 
Calends of January (Dec. 19th), being the third 
day of the Saturnalia, which was also originally 
celebrated on the same day, when only one day 
was devoted to the latter festival. It was believed 1 
that Opis was the wife of Satumus, and for this j 
reason the festivals were celebrated at the same i 
time. (Macrob. .V//. i. 12 ; Varr. de Liny. hit. vi. 
22, cd. Miiller ; Festus, ». v. Opalia.) The wor- 
shippers of Opis paid their vows sitting, and touched 
the earth on purpose, of which she was the god- 
den. ( MaiTnl). /. ) 

OTERI8 NOVI NUNTIATIO was a sum- 
mary remedy provided by the Kdiet against a per- 
«on who was making an Opus Novum. An Opus 
Novum consisted in either adding something in the 
way of building (aedifieando) or Liking away some- 
thiiiK so as to alter the appearance of a thing 
{faciei opens). The object of the nuntiatio was 
citluT the maintenance of a right (ja*), or to pre- 
vent damage (damnum), or to protect the public 
interest (pMicum jus). The owner of the pro- 



OPSONIUM. 835 
| perty which was threatened with damage by the 
I Opus Novum, or he who had an easement (servilus) 
' in such property, had the Jus nuntiandi (Dig. 43. 

tit 25). Nuntiatio consisted in protesting against 
' and forbidding the progress of the Opus Novum, on 
' the spot where the work was proceeding and in 
i the presence of the owner or of some person who 
was there present on his account. The Nuntiatio 
did not require any application to or interference 
. on the part of the Praetor. It was a rule of law 
that the Nuntiatio must take place before the 
work was completed : after it wa3 completed, the 
Operis Novi Nuntiatio had no effect, and redress 
could only be obtained by the Interdict Quod vi 
aut clam. 

If the Opus Novum consisted in building on the 
complainant's ground, or inserting or causing any 
thing to project into his premises, it was better to 
apply at once to the praetor, or to prevent it per 
inanum, that is, as it is explained " jactu lapilli," 
which was a symbol of the use of force for self- 
protection. 

The Edict declared that after a Nuntiatio no- 
thing should be done, until the Nuntiatio was de- 
clared illegal {nuntiatio missa or remissa fiat) or a 
security {satisdatio de opere restituendo) was given. 
If the person to whom the notice was given per- 
severed, even if he had a tight to do what he was 
doing ; yet as he was acting against the praetor's 
edict, he might be compelled to undo what he had 
done. By the Nuntiatio, the parties were brought 
within the jurisdiction of the praetor. In cases 
where there was danger from the interruption of 
the work, or the person who was making the Opus 
Novum denied the right of the nuntians, he was 
allowed to go on upon giving a cautio or security 
for demolition or restoration, in case the law was 
against him. When the cautio was given or the 
nuntians waived it, the party was intitled to an 
interdictum prohibitorium for his protection in pro- 
secuting the work. 

The effect of the nuntiatio ceased, when the 
cautio was given j when the nuntians died ; when 
he alienated the property in respect of which he 
claimed the Jus nuntiandi ; or when the praetor 
permitted the work to go on {operis novi nuntia- 
tionem .... rcmeisscrit, 7>-r Gall. Cis. X. ; Dig. 39. 
tit 1. 8. 22, ante remissam nuntiationem ; Dig. 39. 
tit. 1 ; Mackeldev, Lehrbuch, &c, 12th ed. § 237, 
&c). [G. L.] 

OPI'MA SPO'MA. [Spolia.] 
OPINATO'RKS were officers under the Ro- 
man emperors, who were sent into the provinces to 
obtain provisions for the army. The provisions 
had to be supplied to them within a year. The 
etvmolotry of the name is uncertain. (Cod. 12. tit. 
38. s. 1 1 ; Cod. Thcod. 7. tit 4. ». 26 ; 11. tit. 7. 
a. 16.) 

OPISTHODOMPS. [Tkmi i.i m.J 
OPISTOORAPIIl. [I.imrr.] 
OPSO'NIUM, or OBSO'NIUM (fyov, dim. 

adaptor ; bi^tifio. Plot. 9ynipo$. l'rub. iv. 1 ), de- 
noted every thing which was eaten with bread. 
Among the nncii-nts loaves, at h ast preparation 
of corn in some form or other, constituted the 
principal substance of every meal. But together 
with this, which was the staff of their life, they 
partook of numerous articles of diet called opsonin 
or pulmentaria (Cat. de He Hunt. All ; Uor. .S'«/. ii. 
2. 20), designed also to giy« nutriment, but still 
more to add a relish to their food. Somo of these 
3 ii 2 



836 



OPSONIUM. 



ORACULUM. 



articles were taken from the vegetable kingdom, 
but were much more pungent and savoury than 
bread, such as olives, either fresh or pickled, 
radishes, and sesamum. (Plato, de Repub. ii. p. 85, 
ed. Bekker ; Xen. Oecon. viii. 9.) Of animal food 
by much the most common kind was fish, whence 
the terms under explanation were in the course of 
time used in a confined and special sense to denote 
fish only, but fish variously prepared, and more 
especially salt fish, which was most extensively 
employed to give a relish to the vegetable diet 
either at breakfast (Menander, p. 70, ed. Meineke), 
or at the principal meal. (Plaut. Aidul. ii. 6. 3.) 
For the same reason d\po<pdyos meant a gourmand 
or epicure, and otyocpayia gluttony. (Athen. ix. 
24 — 37.) In maritime cities the time of opening 
the fish-market was signified by ringing a bell, so 
that all might have an equal opportunity for the 
purchase of delicacies. (Strab. xiv. 1. § 21 ; Plut. 
Sympos. Prob. p. 1 1 87, ed. Steph.) 

Of the different parts of fishes the roe was the 
most esteemed for this purpose. It is still pre- 
pared from the fish in the very same waters adjoin- 
ing Myus in Ionia, which were given to Themis- 
tocles by the King of Persia. (Thuc. i. 138 ; 
Corn. Nepos. Them. x. 3 ; Diod. xi. 57.) A jar 
was found at Pompeii, containing caviare made from 
the roe of the tunny. (Gell, Pompeiana, 1832, 
vol. i. p. 178.) 

Some of the principal raptx^at, or establish- 
ments for curing fish, were on the southern coast 
of Spain (Strab. iii. 4) : but the Greeks obtained 
their chief supply from the Hellespont (Hermippus 
ap. Atlien. i. 49, p. 27, e) ; and more especially 
Byzantium first rose into importance after its 
establishment by the Milesians in consequence of 
the active prosecution of this branch of industry. 
Of all seas the Euxine was accounted by the an- 
cients the most abundant in fish, and the catching 
of them was aided by their migratory habits, as in 
the autumn they passed through the Bosporus 
towards the South, and in spring returned to the 
Euxine, in order to deposit their spawn in its tri- 
butary rivers. At these two seasons they were 
caught in the greatest quantity, and, having been 
cured, were shipped in Milesian bottoms, and sent 
to all parts of Greece and the Levant. The princi- 
pal ports on the Euxine engaged in this traffic 
were Sinope and Panticapaeum. (Hegewisch, Co- 
lonieen der Griechen, p. 80.) 

Among the fish used for curing were different 
kinds of sturgeon (avraKaios, Herod, iv. 53 ; 
Schneider, Eel. Phys. i. p. 65, ii. p. 48), tunny 
(aKop.€pbs, Hermippus, I. c. ; scomber ; TrT)\ap.vs, 
a name still in use with some modification among 
the descendants of the ancient Phocaeans at Mar- 
seilles, Passow, Uandwmierbuch, s. v.), and mullet. 
A minute discussion of their qualities, illustrated 
by quotations, may be seen in Athenaeus. (iii. 84 
—93.) 

Plato mentions the practice of salting eggs, 
which was no doubt intended to convert them into 
a kind of opsonium (Symp. p. 404, ed. Bekker). 
The treatise of Apicius, de Opsoniis, is still extant 
in ten books. 

The Athenians were in the habit of going to 
markets (els rovtpov) themselves in order to pur- 
chase their opsonia (btyaive'iv, Theophrast. Char. 
28 ; opsonare). [Macellum.] But the opulent 
Romans had a slave, called opsonator (btywvris), 
whose office it was to purchase for his master. It 



was his duty, by learning what flavours were most 
acceptable to him, by observing what most delighted 
his eyes, stimulated his appetite, and even over- 
came his nausea, to satisfy as much as possible all 
the cravings of a luxurious palate. (Sen. Epist. 47 ; 
compare Hor. Sat. i. 2. 9, ii. 7. 106 ; Plaut. Me- 
naech. ii. 2. 1, Mil. iii. 2. 73.) "We may also infer, 
from an epigram of Martial (xiv. 217), that there 
were opsonatores, or purveyors, who furnished 
dinners and other entertainments at so much per 
head, according to the means and wishes of their 
employers. Spon (Misc. Enid. Ant. p. 214) has 
published two inscriptions from monuments raised 
to the memory of Romans who held the office of 
purveyors to the Imperial family. At Athens both 
the sale and the use of all kinds of opsonia were 
superintended by two or three special officers, ap- 
pointed by the senate, and called b-tyov6poi. (Athen. 
vi. 12.) [J. Y.] 

O'PTIO. TExercitus, p. 506, a.] 

OPTIMA'TES. [Nobiles.] 

ORA'CULUM (p.avTelov, xp l ? " n V'°>') was 
used by the ancients to designate the revelations 
made by the deity to man, as well as the place in 
which such revelations were made. The deity 
was in none of these places believed to appear in 
person to man, and to communicate to him his 
will or knowledge of the future ; but all oracular 
revelations were made through some kind of me- 
dium, which, as we shall see hereafter, was diffe- 
rent in the different places where oracles existed. 
It may, on first sight, seem strange that there 
were, comparatively speaking, so few oracles of 
Zeus, the father and ruler of gods and men. But 
although, according to the belief of the ancients, 
Zeus himself was the first source of all oracular re- 
velations, yet he was too far above men to enter 
with them into any close relation ; other gods 
therefore, especially Apollo, and even heroes, acted 
as mediators between Zeus and men, and formed as 
it were the organs through which he communicated 
his will. (Soph. Oed. Col. 629 ; Aesch. Eum. 19, 
611, &c.) The fact that the ancients consulted 
the will of the gods on all important occasions of 
public and private life, arose partly from the uni- 
versal desire of men to know the issue of what they 
are going to undertake, and partly from the great 
reverence for the gods, so peculiar to the ancients, 
by which they were led not to undertake any- 
thing of importance without their sanction ; for 
it should be borne in mind that an oracle was not 
merely a revelation to satisfy the curiosity of man, 
but at the same time a sanction or authorisation by 
the deity of what man was intending to do or not 
to do. We subjoin a list of the Greek oracles, 
classed according to the deities to whom they be- 
longed. 

I. Oracles of Apollo. 

1 . 77; e oracle of Delphi was the most celebrated 
of all the oracles of Apollo. Its ancient name was 
Pytho, which is either of the same root as nvdea- 
0ai, to consult, or, according to the Homeric hymn 
on Apollo (185, &c.) derived from iri8e<r()ai, to 
putrefy, with reference to the nature of the loca- 
lity. Respecting the topography of the temple of 
Apollo see Pausanias (x. 14. § 7) and Miiller (in 
Dissents Pindar, ii. p. 628). In the innermost 
sanctuary (the M"X 0S &Svtov or p.eyapov), there 
was the statue of Apollo, which was, at least, in 
later times, of gold ; and before it there burnt upon 



ORACULUM. 

an altar an eternal fire, which was fed only with I 
fir-wood. (Aesch. Choeph. 1 03G ; Plut he El ap. 
Delph.) The inner roof of the temple was covered 
all over with laurel garlands (Aesch. Eum. 39), and 
upon the altar laurel was burnt as incense. In the 
centre of this temple there was a small opening 
(X*<rp-a) in the ground from which, from time to 
time, an intoxicating smoke arose, which was be- 
lieved to come from the well of Cassitis. which 
vanished into the ground close by the sanctuary. 
(Paus. x. 24. § 5.) Over this chasm there stood a 
high tripod, on which the Pythia, led into the 
temple by the prophetes (irpoip^T-qs), took her seat 
whenever the oracle was to be consulted. The 
smoke rising from under the tripod affected her 
brain in such a manner that she fell into a state of 
delirious intoxication, and the sounds which she 
uttered in this state were believed to contain the 
revelations of Apollo. These sounds were care- 
fully written down by the prophetes, and afterwards 
communicated to the persons who had come to con- 
sult the oracle. (Diod. xvi. 26 ; Strabo, ix. p. 
410, &c. ; Plut. de Orac. Def.) 

The Pythia (the 7rpo<p7)Tis) was always a native 
of Delphi ( Eurip. /on, 92), and when she had once 
entered the service of the god she never left it, and 
was never allowed to marry. In early times she 
was always a young girl ; but after one had been 
seduced by Echecratcs the Thtssalian, the Del- 
phians made a law that in future no one should 
be elected as prophetess who had not attained the 
age of fifty years ; but in remembrance of former 
days the old woman was always dressed as a 
maiden. (Diod. /. c.) The Pythia was generally 
taken from some family of poor country-people. At 
first there was only one Pythia at a time ; but when 
Greece was in its most flourishing state, and when 
the number of those who came to consult the oracle 
was very great, there were always two Pythias 
who took their seat on the tripod alternately, and 
a third was kept in readiness in case some accident 
should happen to cither of the two others. (Plut. 
(Juitr.it. Or'trr. c. 9.) Tin- effect of the smoke "M 
the whole mental and physical constitution is said 
to have sometimes been so great, that in her deli- 
rium she leaped from the tripod, was thrown into 
convulsions, and after a few days died. (Plut. de 
Orar. iJrf. c. 51.) 

At first oracles were given only once every 
year, on the seventh of the month of Hysius (pro- 
bably the same as tliiflior, or the month for con- 
sulting), which was believed to be the birthday <rf 
Apollo ( Plut. Quar at. Or. c. 9), but as this one 
day in the course of time was not found sufficient, 
certain days in every month were set apart for the 
purpose. (Plut. A/fj-. I I.) The order, in which 
the persons who came to consult were admitted, 
wan determined by lot (Aesch. Eum. .'12 ; Eurip. 
I'm, 122) ; but the Delphian magistrate! had the 
power of granting the right of Xlpouayrfla, i. e. the 
right of consulting first, and without the order 
being determined by lot, to such individuals or 
stab's as had acquired claims on the gratitude of 
the Delphinns, or whose political ascendancy seemed 
to give them higher claims than others. Such was 
the case with Croesus and the Lydians (Herod, 
i. 51), with the (.ncedacmoiiinns (Pint. Per. 21), 
ami Philip of Macedonia. ( Dcmosth. c. Phil. iii. 
p. 1 19.) It appears that those who consulted the 
Oracle h.'ul to |>ny n certain fee, for Herodotus 
slates that the Lydians were honoured with 



ORACULUM. 837 
artAcio by the Delphians. The Pythia always 
spent three days, before she ascended the tripod, 
in preparing herself for the solemn act, and during 
this time she fasted, and bathed in the Castalian 
well, and dressed in a simple manner ; she also 
burnt in the temple laurel leaves and flour of barlev 
upon the altar of the god. (Schol. ad Eurip. Phoen. 
230 ; Plut. de Pyth. Or. c. 6.) Those who con- 
sulted the oracle had to sacrifice a goat, or an ox, 
or a sheep, and it was necessary that these victims 
should be healthy in body and soul, and to ascer- 
tain this they had to undergo a peculiar scrutiny. 
An ox received barley, and a sheep chick-peas, to 
see whether they ate them with appetite ; water 
was poured over the goats, and if this put them 
into a thorough tremble the victim was good. 
(Hlut. de Or. Def. 49.) The victim which was 
thus found eligible was called baiayrrip. (Plut. 
Quuest. Or. 9.) Wachsmuth (Hellen. Alt. ii. p. 
588, 2d ed.) states that all who came to consult the 
oracle wore laurel-garlands surrounded with ribands 
of wool ; but the passages from which this opinion 
is derived, only speak of such persons as came to 
the temple as suppliants. (Herod, vii. 14 ; Aesch. 
Chocph. 1035.) 

The Delphians, or more properly speaking the 
noble families of Delphi, had the superintendence 
of the oracle. Among the Delphian aristocracy, 
however, there were five families which traced 
their origin to Deucalion, and from each of these 
one of the five priests, called oaioi, was taken. 
(Eurip. /on, 411 ; Plut. Quuest. Or. c 9. ) Three 
of the names of these families only are known, viz. 
the Cleomantids, the Thracids (Diod. xvi. 24 ; 
Lycurg. c. Leocrat. p. 158), and the Laphriads. 
(Hesych. s. v.) 

The So-ioi, together with the high priest or pro- 
phetes, held their offices for life, and had the con- 
trol of all the affairs of the sanctuary and of the 
sacrifices. (Herod, viii. 136.) That these noble 
families had an immense influence upon the oracle 
is manifest from numerous instances, and it is not 
improbable that they were its very soul, and that 
it was they who dictated the pretended revelations 
of the god. (See especially, Lvcurg. e. fyeocrat. p. 
158 ; Herod, vii. 141, Ti". 66 ; Pint. Pericl. 21 ; 
Eurip. /on, 1219, 1222, 1110.) 

Most of the oracular answers which are extant, 
are in hexameters, and in the Ionic dialect. Some- 
times, however, Doric forms also were used. (II it id. 
iv. 157, 159.) The hexameter was, according to 
some accounts, invented by Phenionoc, the first 
'Pythia. This metrical form was chosen, partly 
because the words of the god were thus rendered 
man venerable, and partly because it was easier to 
remember verse than prose. (Plut. eft- P>/th. Or. 1 9.) 
Some of the oracular verses had metrical defects, 
which the faithful among the Greeks accounted for 
in an ingenious manner. (Pint. /. c. c. 5.) In the 
times of Theopompus, however, the custom of 
giving the oracles in verse seems to have gradually 
ceased ; they were henceforth generally in prose, 
and in the Doric dialect spoken at Delphi. For 
when the Greek states had lost their political 
liberty, there was little or no occasion to consult 
, the oracle on matters of a nntionnl or political 
I nature, and the affairs of ordinary life, such as the 
I sale of slaves, the cultivation of a field, marriages, 
voyages, loans of money, and the like, on which 
j the oracle was then mostly consulted, were little 
i calculated to be spoken of in loftv poetical strains. 
3 u 3 



838 



ORACULUM. 



ORACULUM. 



(Plut. de Pyth. Or. 28.) When the oracle of 
Delphi lost its importance in the eyes of the an- 
cients, the number of persons who consulted it 
naturally decreased, and in the days of Plutarch 
one Pythia was, as of old, sufficient to do all the 
work, and oracles were only given on one day in 
every month. 

The divine agency in Pytho is said to have first 
been discovered by shepherds who tended their 
flocks in the neighbourhood of the chasm, and 
whose sheep, when approaching the place, were 
seized with convulsions. (Diod. xvi. 26 ; Plut. 
de Defect. Or. c. 42.) Persons who came near 
the place showed the same symptoms, and re- 
ceived the power of prophecy. This at last in- 
duced the people to build a temple over the sacred 
spot. According to the Homeric hymn on Apollo, 
this god was himself the founder of the Delphic 
oracle, but the local legends of Delphi stated that 
originally it was in the possession of other deities, 
such as Gaea, Themis, Phoebe, Poseidon, Night, 
Cronos, and that it was given to Apollo as a pre- 
sent. (Aeschyl. Earn. 3, &c. ; compare Pans. x. 5 ; 
Ovid. Metam, i. 321 ; Argum. ad Pind. Pyth.; 
Tzetz. ad Lycophr. 202.) Other traditions again, 
and these perhaps the most ancient and genuine, 
represented Apollo as having gained possession of 
the oracle by a struggle, which is generally de- 
scribed as a fight, with Python, a dragon, who 
guarded the oracle of Gaea or Themis. 

The oracle of Delphi, during its best period, was 
believed to give its answers and advice to every 
one who came with a pure heart, and had no evil 
designs ; if he had committed a crime, the answer 
was refused until he had atoned for it (Herod, i. 
19, 22), and he who consulted the god for bad pur- 
poses was sure to accelerate his own ruin. (Herod, 
iv. 86; Paus. ii. 18. §2.) No religious institu- 
tion in all antiquity obtained such a paramount in- 
fluence, not only in Greece, but in all countries 
around the Mediterranean, in all matters of im- 
portance, whether relating to religion or to politics, 
to private or to public life, as the oracle of Delphi. 
When consulted on a subject of a religious nature, 
the answer was invariably of a kind calculated 
not only to protect and preserve religious institu- 
tions, but to command new ones to be established 
(Demosth. c. Mid. 15 ; Herod, v. 82, i. 16.5, &c), 
so that it was the preserver and promoter of reli- 
gion throughout the ancient world. Colonies were 
seldom or never founded without having obtained 
the advice and the directions of the Delphic god. 
(Cic. de Div. i. 1.) Hence the oracle was consulted 
in all disputes between a colony and its metropolis, 
as well as in cases where several states claimed 
to be the metropolis of a colony. (Thucyd. i. 25, 
28 ; Diod. xv. 18.) 

The Delphic oracle had at all times a leaning 
in favour of the Greeks of the Doric race ; but 
the time when it began to lose its influence must 
be dated from the period when Athens and Sparta 
entered upon their struggle for the supremacy in 
Greece ; for at this time the partiality for Sparta 
became so manifest, that the Athenians and their 
party began to lose all reverence and esteem for 
it (Plut. Demosth. 20), and the oracle became a 
mere instrument in the hands of a political party. 
In the times of Cicero and Plutarch many be- 
lieved that the oracle had lost the powers which it 
had possessed in former days ; but it still continued 
to be consulted down to the times of the emperor 



Julian, until at last it was entirely done away 
with by Theodosius. 

Notwithstanding the general obscurity and am- 
biguity of most of the oracles given at Delphi, 
there are many also which convey so clear and 
distinct a meaning, that they could not possibly be 
misunderstood, so that a wise agency at the bottom 
of the oracles cannot be denied. The manner in 
which this agency has been explained at different 
times, varies greatly according to the spirit of the 
age. During the best period of their history the 
Greeks, generally speaking, had undoubtedly a 
sincere faith in the oracle, its counsels and direc- 
tions. When the sphere in which it had most 
benefitted Greece became narrowed and confined to 
matters of a private nature, the oracle could no 
longer command the veneration with which it had 
been looked upon before. The pious and believing 
heathens, however, thought that the god no longer 
bestowed his former care upon the oracle, and that 
he was beginning to withdraw from it ; while free- 
thinkers and unbelievers looked upon the oracle as 
a skilful contrivance of priestcraft which had then 
outgrown itself. This latter opinion has also been 
adopted by many modern writers. The early 
Christians, seeing that some extraordinary power 
must in several cases have been at work, repre- 
sented it as an institution of the evil spirit. In 
modern times opinions are very much divided. 
Hullmann, for example, has endeavoured to show 
that the oracle of Delphi was entirely managed and 
conducted by the aristocratic families of Delphi, 
which are thus described as forming a sort of hier- 
archical senate for all Greece. If so, the Delphic 
senate surely was the wisest of all in the history 
of the ancient world. Klausen, on the other hand, 
seems to be inclined to allow some truly divine in- 
fluence, and at all events thinks that even in so far 
as it was merely managed by men, it acted in most 
cases according to lofty and pure moral principles. 

The modern literature on the Delphic oracle is 
very rich ; the most important works are: — C. F. 
Wilster, De Religione et Oraculo Apollinis Delphici, 
Hafhiae, 1 827 ; H. Piotrowski, De Gravitate Ora- 
euli Delphici, Lipsiae, 1829 ; R. H. Klausen, in 
Ersch und Gruher's Encyclop'ddie, s. v. Orakel ; K. 
D. Hullmann, Wurdigung des Delphischen Orakels, 
Bonn, 1837 ; W. Gotte, Das De/phische Orakel, 
in seincm politischen, religiosen und sittlic/ien Ein- 
fluss auf die alte Welt, Leipzig, 1839. 

2. Oracle at Abae in Phocis. An oracle was be- 
lieved to have existed there from very early times 
(Paus. x. 35. § 2), and was held in high esteem by the 
Phocians. (Soph. Oed. Tyr. 899 ; Herod, viii. 33.) 
Some years before the Persian invasion, the Pho- 
cians gained a victory over the Thessalians,in which 
they obtained, among other spoils, four thousand 
shields, half of which they dedicated in the temple 
of Apollo at Abae, and half in that of Delphi. 
(Herod, viii. 27.) The oracle was like many others 
consulted by Croesus ; but he does not seem to have 
found it agreeing with his wishes. (Herod, i. 46.) 
In the Persian invasion of Xerxes, the temple of 
Abae was burnt down, and, like all other temples 
destroyed in this invasion, it was never rebuilt. 
The oracle itself, however, remained, and before 
the battle of Leuctra it promised victory to the 
Thebans ; but in the Phocian or sacred war, when 
some Phocian fugitives had taken refuge in the 
ruins, they were entirely destroyed by the Thebans. 
(Paus. I. c.) But even after this calamity the 



ORACULUM. 



ORACULUM. 



839 



oracle seems to have been consulted, for the Ro- 
mans, from reverence for it, allowed the inhabit- 
ants of Abae to govern themselves. Hadrian built 
a smalt temple by the side of the old one, some 
walls of which were still standing as ruins in the 
time of Pausanias (x. 35. § 2, 3). 

3. Oracle on tlie hill of Ftoon, in the territory of 
Thebes. The oracle was here given through the 
medium of a man called Trp6^avris, and the first 
promantis was said to have been Teneros, a son of 
Apollo. (Strab. ix. p. 413 ; Paus. ix. 33. § 3.) 
The oracles were usually given in the Aeolian 
dialect, but when Mya, the Carian, consulted the 
god, the answer was given in the Carian language 
(Paus. I.e.), so that instead of the three Thebans 
who generally wrote down the oracles, the Carian 
was obliged to do it himself. (Herod. viiL 135.) 
When Alexander the Great destroyed Thebes, 
this oracle also perished. (Paus. ix. 33. § 3.) In 
the time of Plutarch the whole district was com- 
pletely desolate. (De Orac. Def. c. 8.) 

4. Oracle, of Apollo at Ismenion, in Bocotia, 
south of Thebes. The temple of Apollo Ismenios 
was the national sanctuary of the Thebans. The 
oracle was here not given by inspiration, as in 
other places, but from the inspection of the victims. 
(Herod, viii. 134.) On one occasion it gave its 
prophecy from a huge cobweb in the temple of 
Dcmetcr. (Diod. xvii. 10 ; compare Paus. ix. 10. 

5. Oracle of Apollo at llysiae, on the frontiers 
of Attica. This place contained an oracle of Apollo 
with a sacred well, from which those drank who 
wished to become inspired. In the time of Pausa- 
nias the oracle had become extinct (Paus. ix. 2. §1.) 

6. Oracle of Apollo at Te'iyra, was an ancient 
and much frequented oracle in Bocotia, which was 
conducted by prophets. The Pythia herself on 
one occasion declared this to be the birth-place of 
Apollo. In the time of Plutarch the whole dis- 
trict was a wilderness. (Plut. de Orac. Def. c. 8, 
J'elop. 1 6 ; Staph. Byz. s. v. Tiyvpa.) 

7. Oracle of Apollo in the villai/e of Eutresis, in 
the neighbourhood of Lcuctra. (Stcph. Byz. s.v. 
E6rp7]o-ii ; Kustath. ad Iliad, ii. 502.) This oracle 
became extinct during the Macedonian period. 
(Plut. de Orac Def. c. 5.) 

8. Oracle of Apollo at Orobiae, in Euboea. 
Apollo here bore the surname of the Selinuntian. 
(Strab. x. p. 445.) 

9. Oracle of Apollo in the Lyceum at Aryos. 
The oracle was here given by a prophetess. (Plut. 
I'yrrh.M.) 

10. Oracle of Ajiollo Deiradioles, on the acropo- 
lis of Argos. The oracle was given by a pro- 
phetess, who was obliged to abstain from matri- 
monial connections once in every month. She was 
believed to become inspired by tasting of the blood 
of a lamb which was sacrificed during the night. 
This oracle continued to be consulted in the days 
of Pausanias (ii. 24. - I ). 

1 1. Oracle of Apollo at Didyma, usually called 
the oracle of the iirnnchidae, in the territory of 
Miletus. This was the oracle most generally con- 
sulted by the lonians and Aeolians. (Herod, i. 
158 ) The temple, however, was said to have been 
founded previously to the arrival of the lonians on 
the coast of Asia (Paus. vii. 2. § 4 ), and the altar 
was said to have been tin It by Heracles, and the 
temple by Bmnrhns, a son of Apollo, who had 
come from Delphi as a purifying priest. (Puns. v. 



13. § 6 ; Strab. xiv. p. 634.) Hence this oracle, 
like that of Delphi, combined purifying or atoning 
rites with the practice of prophesying. (Miiller, 
Dor. ii. 2. § b°.) The real antiquity of the oracle, 
however, cannot be traced further back than the 
latter half of the 7th century before our aera. 
(Soldan, p.553,6cc.) The priests called Branchidae, 
who had the whole administration of the oracle, 
were said to be the descendants of Branchus. 
The high priest bore the name Stephaneplmrus. 
Among them was one family which possessed the 
hereditary gift of prophecy, and was called the 
family of the Euangelidae. (Conon, 44.) The 
oracle was under the especial management of a 
prophet, whose office did not last for life. The 
oracles were probably inspired in a manner similar 
to that at Delphi. (Paus. v. 7. § 3.) Croesus made 
to this oracle as munificent presents as to that of 
Delphi. (Herod, i. 46, &c.) The principles which 
it followed in its counsels and directions were also 
the same as those followed by the Delphians. The 
Persians burnt and plundered the temple as had 
been predicted by the Pythia of Delphi (Herod, vi. 
19) ; but it was soon restored and adorned with a 
fine brazen statue of Apollo (Paus. ii. 10. § 4, ix. 
10. § 2; compare Miiller, Ancient Art and its 
Uemaiiis, S 86), which Xerxe3 on his retreat car- 
ried with him to Ecbatana. A part of the Bran- 
chidae had surrendered to Xerxes the treasures of 
the temple, and were at their own request trans- 
planted to Bactriana (Strabo, I. c), where their 
descendants are said to have been severely punished 
by Alexander for their treachery. (Curt. vii. 5.) 
Scleucus sent the statue of Apullo back to Didyma, 
because the oracle had saluted him as king. (Paus. 
i. 16. § 3 ; Diod. ix. 90.) The oracle continued 
to be consulted after the faithlessness of its minis- 
ters. Some ruins of the temple at Didyma are 
still extant. (Compare the Commentators on Herod, 
i. 92 ; Suid. s. v. BpayxiSai ; Droyscn, Gesch. Alcr. 
des Grossen, p. 307 ; and an excellent essay by 
\V. G. Soldan, Das Orakel dcr Iirunchiden, in 
Zimmermann's Xedschrift Jur die AUerthuinswissen- 
schaft, 1841. No. 66, &c) 

12. Oracle of Apollo at Claros, in the territory 
of Colophon. It was said to have been founded by 
Cretans under Khacius, previous to the settlement 
of the lonians in Asia Minor. The early legends 
put this oracle in connection with Delphi, from 
whence Manto, the daughter of Tciresias, came to 
Claros, married Khacius and gave birth to Mopsus, 
from whom the prophets of Clara were probably 
believed to be descended. ( Paus. vii. 3. 5 5 1 , 2.) 
This oracle was of great celebrity, and continued 

to be consulted even at the time of the It an 

emperors. (Pans. vii. 5. § 1, &c. ; Slmb. xiv. 
p. 642 ; Tacit. A una I. x ii. 22.) The oracles were 
L'iven through an inspired prophet, who was taken 
from certain Milesian families. He was generally 
a man without any refined education, had only the 
names and the numl»er of the persons who consulted 
the oracle stated to him, and then descended into 
a cavern, drank of the water from a secret well, 
and afterwnrds pronounced the oracle in verse. 
(Tacit. Annul, ii. 54.) 

13. Oracle of Apotlo at Grynea, in the territory 
of the Myrinneans. (Hccat. I'raym. 211.) 

I I. Oracle of Apollo Gonnajnicus, in Lesbos. 
(Schol. Ariitop/i. A'uA. 145.) 

15. Oracle of Apollo at AMcra. (Pindar, op. 
Tzruet, l.ycophr. 4 15.) 

3 11 4 



840 



ORACULUM. 



ORACULUM. 



1 6. Oracle of Apollo in Delos, which was only 
consulted in summer. (Callim. Hymn, in Del. i. ; 
Serv. ad Virg. Aen. iv. 143.) 

1 7. Oracle of Apollo at Patara, in Lycia, wag 
only consulted in winter. The prophetess (irpd- 
fxavTis) spent a night in the temple to wait for the 
communications which the god might make to her. 
(Herod, i. 182 ; Serv. ad Virg. Aen. iv. 143.) 

18. Oracle of Apollo at Telmessus. The priests 
of this institution did not give their answers by 
inspiration, but occupied themselves chiefly with 
the interpretation of dreams, whence Herodotus 
(i. 78 ; compare Cic. de Din. i. 41 ; Arrian, ii. 3) 
calls them ^-qy-qrai. But they also interpreted 
other marvellous occurrences. Near Telmessus 
there was another oracle of Apollo, where those 
who consulted it had to look into a well, which 
showed them in an image the answer to their ques- 
tions. (Paus. vii. 21. § 6.) 

19. Oracle of Apollo at Mullos, in Cilicia. 
(Strab. xiv. p. 675, &c. ; Arrian, ii. 5.) 

20. Oracle of the Sarpedonian Apollo, in Cilicia. 
(Diod. Exc. xxxviii. 12.) 

21. Oracle of Apollo at ITybla, in Caria. (Athen. 
xv. p. 672.) 

22. Oracle of Apollo at Hiera Kome, on the 
Maeander, a celebrated oracle which spoke in good 
verses. (Liv. xxxviii. 13 ; Steph. Byz. s.v.) 

II. Oracles of Zeus. 

1. Oracle of Zeus at Olympia. In this as in the 
other oracles of Zeus the god did not reveal him- 
self by inspiration, as Apollo did in almost all of 
his oracles, but he merely sent signs which men 
had to interpret. Those who came to consult the 
oracle of Olympia offered a victim, and the priest 
gave his answers from the nature of the several 
parts of the victim, or from accidental circumstances 
accompanying the sacrifice. (Herod, viii. 134 ; 
Strab. viii. p. 353.) The prophets or interpreters 
here belonged to the family of the Iamids. In 
early times the oracle was much resorted to, and 
Sophocles (Oed. Tyr. 900) mentions it along with 
the most celebrated oracles ; but in later times it 
was almost entirely neglected, probably because 
oracles from the inspection of victims might be 
obtained anywhere. The spot, where the oracles 
were given at Olympia, was before the altar of 
Zeus. (Pind. 01. vi. 70.) It was especially those ' 
who intended to take part in the Olympic games 
that consulted the oracle about their success (Pind. 
Ol. viii. 2), but other subjects also were brought 
before it. 

2. Oracle of Zeus at Dodona. Here the oracle 
was given from sounds produced by the wind. 
The sanctuary was situated on an eminence. 
(Aeschyl. Prom. 830.) Although in a barbarous 
country, the oracle was in close connection with 
Greece, and in the earliest times apparently much 
more so than afterwards. (Horn. //. xvi. 233.) 
Zeus himself, as well as the Dodonaeans, were 
reckoned among the Pelasgians, which is a proof 
of the ante-hellenic existence of the worship of 
Zeus in these parts, and perhaps of the oracle also. 
(Hesiod. and Ephor. ap. Strab. vii. p. 327, &c.) 
The oracle was given from lofty oaks covered with 
foliage (Horn. Od. xiv. 328, xix. 297), whence 
Aeschylus (Prom. 832 ; compare Soph. Track.] 170) 
mentions the speaking oaks of Dodona as great 
wonders. Beech-trees, however, are also men- 
tioned in connection with the Dodonaean oracle, 



which, as Hesiod (Fragm. 39 ; Soph. Track. 169 ; 
Herod, ii. 55) said, dwelt in the stem of a beech- 
tree. Hence we may infer that the oracle was not 
thought to dwell in any particular or single tree, 
but in a grove of oaks and beeches. The will of 
the god was made manifest by the rustling of the 
wind through the leaves of the trees, which are 
therefore represented as eloquent tongues. In 
order to render the sounds produced by the winds 
more distinct, brazen vessels were suspended on 
the branches of the trees, which being moved by 
the wind came in contact with one another, and 
thus sounded till they were stopped. (Suid. s. *. 
AoSavr) • Philostrat. Imag. ii.) Another mode of 
producing the sounds was this : — There were two 
columns at Dodona, one of which bore a metal 
basin, and the other a boy with a scourge in his 
hand ; the ends of the scourge consisted of little 
bones, and as they were moved by the wind they 
knocked against the metal basin on the other 
column. (Steph. Byz. s. v. AoSdv-q ; Suid. s. v. 
Aoftwvaiov xaAKeioi' ; Strabo, Excerpt, ex lib. vii. 
vol. ii. p. 73, ed. Kramer.) According to other 
accounts oracles were also obtained at Dodona 
through pigeons, which sitting upon oak-trees pro- 
nounced the will of Zeus. (Dionys. Hal. i. 15.) The 
sounds were in early times interpreted by men, 
but afterwards, when the worship of Dione became 
connected with that of Zeus, by two or three old 
women who were called ireAeiaSes or viXaiai, be- 
cause pigeons were said to have brought the com- 
mand to found the oracle. (Soph. Track. 169, 
with the Schol. ; Herod. /. c. ; Paus. x. 12. § 5.) 
In the time of Herodotus (I. c.) the names of the 
three prophetesses were Promeneia, Timarete and 
Nicandra. They were taken from certain Dodo- 
naean families, who traced their pedigree back to 
the mythical ages. There were, however, at all 
times priests called -r6p.ovpoi (Strab. I. c.) connected 
with the oracle, who on certain occasions inter- 
preted the sounds ; but how the functions were 
divided between them and the Pelaeae is not clear. 
In the historical times the oracle of Dodona had 
less influence than it appears to have had at an 
earlier period, but it was at all times inaccessible 
to bribes and refused to lend its assistance to the 
Doric interest. (Corn. Nep. Lysand. 3.) It was 
chiefly consulted by the neighbouring tribes, the 
Aetolians, Acarnanians, and Epirots (Paus. vii. 21. 
§ 1 ; Herod, ix. 93), and by those who would not 
go to Delphi on account of its partiality for the 
Dorians. There appears to have been a very 
ancient connection between Dodona and the Boeo- 
tian Ismenion. (Strab. ix. p. 402 ; compare Muller, 
Orckom. p. 378, 2d edit.) 

The usual form in which the oracles were given 
at Dodona was in hexameters ; but some of the 
oracles yet remaining are in prose. In 219 B.C. 
the temple was destroyed by the Aetolians, and 
the sacred oaks were cut down (Polyb. iv. 67), but 
the oracle continued to exist and to be consulted, 
and does not seem to have become totally extinct 
until the third century of our aera. In the time of 
Strabo the Dodonaean prophetesses are expressly 
mentioned, though the oracle was already decaying 
like all the others. (Strab. vii. p. 329.) 

Compare Cordes, De Oraculo Dodonaeo, Gro- 
ningen, 1826 ; J. Arneth, Ueber das Taubenorahel 
von Dodona, Wien, 1840 ; L. von Lassaulx, Das 
Pelasgiscke Oralcel des Zeus zu Dodona, ein Beitrag 
zur Religionspkilosopkie, Wurzburg, 1840. 



ORACULUM. 

3. Oracle of Zeus Amman, in an oasis in Libya, 
in the north- nest of Egypt. According to the 
traditions current at Dodona and Thebes in Egypt, 
it was founded by the latter city (Herod, ii. 42, 
54, ice), and the form in which the god was re- 
presented at Thebes and in the Ammonium was 
the same ; he had in both places the head of a 
ram. (Herod, iv. 181.) The Greeks became ac- 
quainted with this oracle through the Cyreneans, 
and Sparta was the first city of Greece which 
formed connections with it. (Paus. iii. 18. §2.) 
Its example was followed by the Thebans, Olym- 
pians, Dodonaeans, Eleans, and others, and the 
Athenians sent frequent theories to the Ammo- 
nium even before 01. 91 (Bockh, Fubl. Kcon. p. 
240, 2d edit.), and called one of their sacred vessels 
Ammonia. (Hesych. and Suid. s. v. "Aufiwv ; 
Harpocrat s. i\ 'Afi/junvis.) Temples of Zeus Am- 
nion were now erected in several parts of Greece. 
His oracle in Libya was conducted by men who 
also gave the answers. (Diod. xvii. 51.) Their 
number appears to have been very great, for on 
some occasions when they carried the statue about 
in a procession, their number is said to have been 
eighty. (I)iod. iii. 60.) In the time of Strabo 
(xvii. p. 813) the oracle was very much neglected, 
and in a state of decay. The Greek writers, who 
are accustomed to call the greatest god of a bar- 
barous nation Zeus, mention several oracles of this 
divinity in foreign countries. (Herod, ii. 29 ; 
Diod. iii. (i.) 

III. Oracles op other Gods. 

The other gods who possessed oracles were con- 
sulted only concerning those particular departments 
of the world and human life over which they 
presided. Demeter thus gave oracles at Patrae in 
Achaia, but only concerning sick persons, whether 
their sufferings would end in death or recovery, j 
Before the sanctuary of the goddess there was a 1 
well surrounded by a wall. Into this well a mir- | 
ror was let down by means of a rope, so as to swim 
upon the surface. Prayers were then performed 
and incense offered, whereupon the image of the 
sick person was seen in the mirror either as a 
corpse or in a state of recovery. (Paus. vii. 21. I 
§ 5.) At Pharae in Achaia, there was an oracle 
of llmnm. His altar stood in the middle of the 
market-place. Incense was offered there, oil-lamps 
were lighted before it, a copper coin was placed 
upon the altar, and after this the question was put 
to the god by a whisper in his ear. The person 
who consulted him shut his own ears, and imme- 
diately left the market-plncc. The first remark 
that he heard made by any one after leaving the 
market place was believed to imply the answer of 
Hermes. (Paus. vii. 22. § 2.) 

There was an (trade of I'lulo and Cora at 
Charax, or Acharaca, not far from Kysa, in Caria. 
The two deities had here a temple and a grove, 
and mar the latter there was a subterraneous 
cave of a miraculous nature, called the cave of 
Charon ; for persons suffering from illness, and 
placing confidence in the power of the gods, tra- 
velled to this place, nnd stayed for some time with 
experienred priests who lived in a place near the 
cave. These priests then slept a night in the 
anon, and afterward I prescribed to their patients 
the Rmadief revealed to them in their dreams. 
( Iften, however, they took th.tr patients with them 
into the cave, where they had to st'y for several 



ORACULUM. 



841 



days in quiet and without taking any food, and 
were sometimes allowed to fall into the prophetic 
sleep, but were prepared for it, and received the 
advice of the priests ; for to all other persons the 
place was inaccessible and fatal. There was an 
annual panegyris in this place, probably of sick 
persons who sought relief from their sufferings. 
On the middle of the festive day the young men 
of the gymnasium, naked and anointed, used to 
drive a bull into the cave, which, as scon as it had 
entered, fell down dead. (Strab. xiv. p. G49 ; 
compare xii. p. 579.) 

At Epidaurus Limera oracles were given at the 
festival of lno. [Inoa]. The same goddess had 
an oracle at Oetylon. in which she made revela- 
tions in dreams to persons who slept a night in her 
sanctuary. (Paus. iii. 2G. § 1.) Hera Acraca had 
an oracle between Lechaeon and Pagae. (Strab. 
viiL p. 380.) 

IV. Oracles of Heroes. 

1. Oracle of Amphiaraus, between Potniae and 
Thebes, where the hero was said to have been 
swallowed up by the earth. His sanctuary was 
surrounded by a wall and adorned with columns, 
upon which birds never settled, and birds or cattle 
never took any food in the neighbourhood. (Paus. 
ix. 3. § 2.) The oracles were given to persons in 
their dreams, for they had to sleep in the temple 
(Herod, viii. 134) after they had prepared them- 
selves for this incubatio by fasting one day, and by 
abstaining from wine for three days. (Philostrat. 
17/. AjioU. ii. 37.) The Thebans were not allowed 
to consult this oracle, having chosen to take the 
hero as their ally rather than as their prophet. 
(Herod. I.e.) Another oracle of Amphiaraus was 
at Oropus, between Boeotia and Attica, which was 
most frequently consulted by the sick about the 
means of their recovery. Those who consulted it 
had to undergo lustrations, and to sacrifice a rain, 
on the skin of which they slept a night in the 
temple, where in their dreams they expected the 
means of their recovery to be revealed to them. 
(Paus. i. 34. § 2, &c.) If they recovered, they 
had to throw some pieces of money into the well 
of Amphiaraus in his sanctuary. The oracle was 
said to have been founded by the Thebans. (Strab. 
ix. p. 399.) 

2. Oracle of Amphiloclms. He was the son of 
Amphiaraus, and had an oracle at M alios in Cilicia, 
which Pausanias calls the most trustworthy of his 
time. (Paus. i. 34. § 2 ; Dion Cass. Ixxii. 7.) 

3. Oracle of Trophonius at Lebadeia in Boeotia; 
(Paus. ix. 37. § 3.) Those who wished to con- 
sult this oracle had first to purify themselves by 
spending some days in the sanctuary of the good 
spirit nnd good luck (iyaOov Acu'/ioco; kui ir/a6ri% 
T^XI'K 10 li vp sober and pure, to abstain from 
warm baths, but to bathe in the river Hercyna, to 
offer sacrifices to '1 rophonius and his children, to 
Apollo, Cronos, king Zeus, Hen Heninchn, and to 
IVmeter Europe, who was said to have nursed 
Trophonius ; nnd during these sacrifices a south- 
sayer explained from the intestines of the victims 
whether Trophonius would be pleased to admit the 
consultor. In the night in which the consultor 
was to l>e allowed to descend into the cave of Tro- 
phonius, he had to sacrifice a ram to Agnmeries, 
and only in case the signs of the sacrifice were 
favourable, tfee hero ivai thought to be pleased to 
admit the person into his cave. What took place 



842 



ORACULUM. 



ORACULUM. 



after this was as follows : — Two boys, 13 years old, 
led him again to the river Hercyna, and bathed 
and anointed him. The priests then made him 
drink from the well of oblivion (A^6rj) that he 
might forget all his former thoughts, and from the 
well of recollection (Nlvqixoavvt)) that he might re- 
member the visions which he was going to have. 
They then showed him a mysterious representation 
of Trophonius, made him worship it, and led him 
into the sanctuary, dressed in linen garments with 
girdles around his body, and wearing a peculiar 
kind of shoes ( KpijirTSes) which were customary at 
Lebadeia. Within the sanctuary which stood on 
an eminence, there was a cave, into which the per- 
son was now allowed to descend by means of a 
ladder. Close to the bottom, in the side of the 
cave, there was an opening into which he put his 
feet, whereupon the other parts of the body were 
likewise drawn into the opening by some invisible 
power. What the persons here saw was different 
at different times. They returned through the 
same opening by which they had entered, and the 
priests now placed them on the throne of Mnemo- 
syne, asked them what they had seen, and led 
them back to the sanctuary of the good spirit and 
good luck. As soon as they had recovered from 
their fear, they were obliged to write down their 
vision on a little tablet which was dedicated in the 
temple. This is the account given by Pausanias, 
who had himself descended into the cave, and 
writes as an eye-witness. (Paus. ix. 39. § 3, &c. ; 
compare Philostr. Vit. Apoll. viii. 19.) The an- 
swers were probably given by the priests according 
to the report of what persons had seen in the cave. 
This oracle was held in very great esteem, and 
did not become extinct until a very late period: 
and though the army of Sulla had plundered the 
temple, the oracle was much consulted by the Ro- 
mans (Orig. e. Cels. vii. p. 355), and in the time of 
Plutarch it was the only one among the numerous 
Boeotian oracles, that had not become silent. (Plut. 
de Orac. Def. c. 5.) 

4. Oracle of Calchas, in Daunia in southern 
Italy. Here answers were given in dreams, for 
those who consulted the oracle had to sacrifice a 
black ram, and slept a night in the temple, lying 
on the skin of the victim. (Strab. vi. p. 284. ) 

5. Oracles of Asclepius (Aesculapius). The 
oracles of Asclepius were very numerous. But the 
most important and most celebrated was that of 
Epidaurus. His temple there was literally covered 
with votive tablets, on which persons had recorded 
their recovery by spending a night in the temple. 
In the temples of Aesculapius and Serapis at Rome, 
recovery was likewise sought by incubatio in his 
temple. (Suet. Claud. 25.) F. A. Wolf has written 
an essay, Beitrag zur Gescli. des Somnambulismus 
aus dem Alterthum (Vermischte Schriften, p. 382, 
&c), in which he endeavours to show that what is 
now called Mesmerism, or animal magnetism, was 
known to the priests of those temples where sick 
persons spent one or more nights for the purpose of 
recovering their health. Other oracles of the same 
kind are mentioned in that essay, together with 
some of the votive tablets still extant. 

6. Oracle of Heracles at Bura in Achaia. Those 
who consulted it, prayed and put their questions to 
the god, and then cast four dice painted with 
figures, and the answer was given according to the 
position of these figures. (Paus. vii. 25. § 6.) 

7. Oracle of Pasiphac\at Thalamiae in Laconia, 



where answers were given in dreams while persons 
spent the night in the temple. (Plut. Cleom. 7, 
Agis, 9 ; Cic. de Div. i. 43.) 

8. Oracle of Phrixus, in Iberia near Mount 
Caucasus, where no rams were allowed to be sacri- 
ficed. (Strab. xi. p. 498 ; Tacit. Annal. vi. 34.) 

V. Oracles of the Dead. 

Another class of oracles are the oracles of the 
dead (yacvofiauTfiov or i|/tix 07ro A l7r€ "" / X m which 
those who consulted called up the spirits of the 
dead, and offered sacrifices to the gods of the lower 
world. One of the most ancient and most cele- 
brated places of this kind was in the country of 
the Thesprotians near lake Aornos. (Diod. iv. 
22 ; Herod, v. 92. § 7 ; Paus. ix. 30. § 3.) An- 
other oracle of this kind was at Heraclea on the 
Propontis. (Plut. dm. 6.) 

Respecting the Greek oracles in general see 
Wachsmuth, Hellen. Altcrth. ii. p. 585, &c. ; Klau- 
sen, in Ersch und Gruber's Encydop. s. v. Orakel. 

VI. Italian Oracles. 

Oracles, in which a god revealed his will through 
the mouth of an inspired individual, did not exist 
in Italy. The oracles of Calchas and Aesculapius 
mentioned above were of Greek origin, and the 
former was in a Greek heroum on mount Garganus. 
The Romans, in the ordinary course of things, did 
not feel the want of such oracles as those of Greece, 
for they had numerous other means to discover 
the will of the gods, such as the Sibylline books, 
augury, haruspices, signs in the heavens, and the 
like, which are partly described in separate articles 
and partly in Divinatio. The only Italian oracles 
known to us are the following : — ■ 

1. Oracle of Faunas. His oracles are said to 
have been given in the Saturnian verse, and collec- 
tions of his vaticinia seem to have existed at an 
early period. (Aurel.Vict. De Orig. gent. Rom. c. 4.) 
The places where his oracles were given were two 
groves, the one in the neighbourhood of Tibur, 
round the well of Albunea, and the other on the 
Aventine. (Virg. Aen. vii. 81 , &c. ; Ovid, Fast. iv. 
650, &c.) Those who consulted the god in the 
grove of Albunea, which is said to have been re- 
sorted to by all the Italians, had to observe the 
following points : — The priest first offered a sheep 
and other sacrifices to the god. The skin of the 
victim was spread on the ground, and the consul- 
tor was obliged to sleep upon it during the night, 
after his head had been thrice sprinkled with pure 
water from the well, and touched with the branch 
of a sacred beech tree. He was, moreover, obliged 
several days before this night to abstain from ani- 
mal food and from matrimonial connections, to be 
clothed in simple garments, and not to wear a ring 
on his fingers. After he fell asleep on the sheep- 
skin he was believed to receive his answer in 
wonderful visions and in converse with the god 
himself. (Virg. I. c; Isidor. viii. 11. 87.) Ovid 
(I. c.) transfers some of the points to be observed 
in order to obtain the oracle on the Albunea, to 
the oracle on the Aventine. Both may have had 
much in common, but from the story which he re- 
lates of Numa it seems to be clear that on the 
Aventine certain different ceremonies also were 
observed. 

2. Oracles of Fortuna existed in several Italian 
towns, especially in Latium, a3 at Antium and 
Praeneste. In the former of these towns two 



ORATIONES. 



ORATOR. 



843 



sisters Fortunae were worshipped, and their statue3 
used to bend forward when oracles were given. 
(Macrob. Sat. i. 23 ; compare Horat. Cann. i. 35. 
1 ; Suet. Calig. 57 with Ernesti's note ; Domit. 15.) 
At Praeneste the oracles were derived from lots 
(sories), consisting of sticks of oak with ancient 
characters graven upon them. These lots were 
said to have been found by a noble Praenestine of 
the name of Numerius Suffucius, inside of a rock 
which he had cleft open at the command of a dream 
by which he had been haunted. The lots, when 
an oracle was to be given, were shaken up together 
by a boy, after which one was drawn for the per- 
son who consulted the goddess. (Cic. de Divin. ii. 
41.) The lots of Praeneste were, at least with the 
vulgar, in great esteem as late as the time of Cicero, 
while in other places of Latium they were mostly 
neglected. The Etruscan Caere in early times had 
likewise its sortes. (Liv. xxi. 62.) 

3. An Grade of Mars was in very ancient times, 
according to Dionysius (i. 15), at Tiora Matiena, 
not far from Reate. The manner in which oracles 
were here given reBembled that of the pigeon- 
oracle at Dodona, for a woodpecker (piciis), a bird 
sacred to Mars, was sent by the god, and settled 
upon a wooden column, whence he pronounced the 
oracle. 

On Roman oracles in general see Niebuhr, Hist, 
of Home, vol. L p. 508, Acc. ; Hartung, Die Heliij. 
der Homer, vol. i. p. 96, &c. [L. S.J 

ORA'RIUM wasa small handkerchief used for 
wiping the face, and appears to have been employed 
for much the same purpose* as our pocket-handker- 
chief. It was made of silk or linen. In the Etym. 
Mat), (p. 804. 27, cd. Sylb.) it is explained by 
irpoaanrov 4itiiayuov. Aurelian introduced the 
practice of giving Oraria to the Roman people to 
use ad favorem, which appears to mean for the 
purpose of waving in the public games in token of 
applause, as we use our hats and handkerchiefs for 
the same purpose. (Vopisc. Aurel. 48 ; Casaubon 
wl Uic. ; Augustin. de Civ. Dei, xxii. 8 ; Prudent. 
Htvi 2t((£. i. 86 ; Hieron. ad Nepotian, Ep. 2.) 

ORATIO'NES PKI'NCIPUM. The Ora- 
tiones Principum are frequently mentioned by the 
Roman writers under the Empire ; but those which 
arc discussed under this head have reference to 
legislation only, and were addressed to the Senate. 
Under the Christian Emperors particularly, these 
Orationes were only a mode of promulgating Law 
as constituted by the Emperor ; and we have an 
instance of this even in the reign of Probus 
(** Leges, quas Probus edcret, .Senatusennsultis pro- 
priis consecmrcnt," Prob. Imp. ap. Flav. Vopitc. 
1 3.) ; and in a passage of the I nstitutes of Justinian 
(2. tit. 17. s. 7), the expression "Diri Pertinacis 
oratione cautiim est." Under the earlier Emperor*, 
the Oration-* were in the form of propositions 
for laws addressed to the Senate, who had still in 
appearance, though not in reality, the legislative 
power. This second kind of Oratione* is often 
cited by the Classical Jurists, as in the following 
instance from (Jain* (ii. 2115) — **cx oratione Divi 
Iladriani Senatusconsultum factum est." — ''Ora- 
tione Divi Marri . . quam S. C. sccutum est." 
(Panlus, Dig. 23. tit. 2 s. 16.) 

Many of the Orationes of the Roman emperors, 
inch us are quoted by the Augustae lli^toriae 
Scriptnres,are merely communications to the Sennte ; 
inch for instance a* the announcement of a victor)'. 
(Maxim. Duo, ap. ./. Capitol 12, 13.) These 



Orationes are sometimes called Litterac or Epistolae 
by the non-juristical writers ; but the juristical 
writers appear to have generally avoided the use of 
Epistola in this sense, in order not to confound the 
Imperial Orationes with the Rescripta which were 
often called Epistolae. It appears that the Roman 
jurists used the terms Libellus and Oratio Principis 
as equivalent, for the passages which have been 
referred to in support of the opinion that these two 
words had a ditferent sense (Dig. 5. tit. 3. s. 20, 
22), show that Libellus and Oratio Principis are 
the same, for the Oratio is here spoken of by both 
names. These Oratione3 were sometimes pro- 
nounced by the Emperor himself, but apparently 
they were commonly in the form of a written 
message, which was read by the Quaestors (Dig. 1. 
tit. 13) : in the passage last referred to, these Im- 
perial messages are called indifferently Libri and 
Epistolae. Suetonius (Titus, 6) says, that Titus 
sometimes read his father's orationes in the senate 
u quaestoris vice." We frequently read of Lit- 
terae and Orationes being sent by the Emperor to 
the Senate. (Tacit. Ann. iii. 52, xvi. 7.) The 
mode of proceeding upon the receipt of one of 
these Orationes may be collected from the pre- 
amble of the Senatusconsultum contained in the 
Digest (5. tit 3). These Orationes were the found- 
ation of the Senatusconsulta which were framed 
upon them, and when the Orationes were drawn 
up with much regard to detail, they contained in 
fact the provisions of the subsequent Senatuscon- 
sultum. This appears from the fact that the Oratio 
and the Senatusconsultum are often cited indif- 
ferently by the classical jurists, as appears from 
numerous passages. (Dig. 2. tit. 15. s. 8 ; 5. tit. 3. 
s. 20, 22, 40 ; 11. tit. 4. s. 3, &c.) The Oratio is 
cited as containing the reasons or grounds of the 
law, and the Senatusconsultum for the particular 
provisions and words of the law. To the lime of 
Septimius Scvenis and his son Caracalla, numerous 
Senatusconsulta, founded on Orationes, are men- 
tioned ; and numerous Orationes of these two Empe- 
rors arc cited. Rut after this time they seem to 
have fallen into disuse, and the form of making 
and promulgating Laws by Imperial constitutiones 
was the ordinary mode of legislation. 

There has been much discussion on the amount 
of the influence exercised by the Orationes Princi- 
pum on the legislation of the Senate. Rut it seems 
to be tolerably clear, from the evidence that we 
have, and from the nature of the case, that the 
Oratio might cither recommend generally some 
legislative measure, and leave the details to the 
Senate ; or it might contain all the details of the 
proposed measure, and so be in substance, though 
not in form, a Senatusconsultum ; and it would 
become a Senatusconsultum on being adopted by 
the Senate, which, in the case supposed, would be 
merely a matter of form. In the rase of an ( (ratio, 
expressed in more general terms, there is no reason 
to suppose that the recommendation of the Emperor 
was less of a command ; it was merely a command 
in more general terms. 

(Zimmem, Uenrhirhle del flow. /'rirntreehls, i. p. 
7f» ; and Dirksen, I'rhrdie Hidm tier Hum. Kaiser 
und derm Eitijlutf auf die (imrtzi/rlmni), in Ithcin. 
Mus. f ur ./uritjrrudrn;, vol. ii.) (ft. L. ) 

ORATOR, Cicero remarks (Or. /'art. c.28) 

I that a "certain kind of raun-s belong to Jus Civile, 
and that Jus Civile is conversant about Lnws 
(Acx) and Custom (mo.O appertaining to things 



844 



ORATOR. 



ORATOR. 



public and private, the knowledge of which, though 
neglected by most orators, seems to me to be neces- 
sary for the purposes of oratory." In his treatise 
on the Orator, and particularly in the first book, 
Cicero has given his opinion of the duties of an 
orator and his requisite qualifications, hi the form 
of a dialogue, in which Lucius Licinius Crassus and 
M. Antonius are the chief speakers. Crassus was 
himself a model of the highest excellence in ora- 
tory : and the opinions attributed to him as to the 
qualifications of an orator were those of Cicero him- 
self, who in the introductory part of the first book 
(c. 6) declares that " in his opinion no man can 
deserve the title of a perfect orator, unless he has 
acquired a knowledge of all important things and 
of all arts : for it is out of knowledge that oratory 
must blossom and expand, and if it is not founded 
on matter which the orator has fully mastered and 
understood, it is idle talk, and may almost be 
called puerile." According to Crassus the province 
of the Orator embraces everything : he must be 
enabled to speak well on all subjects. Conse- 
quently he must have a knowledge of the Jus 
Civile (i. 44, &c), the necessity for which Crassus 
illustrates by instances ; and he should not only 
know the Jus Civile, as being necessary when he 
has to speak in causes relating to private matters 
and to privata Judicia, but he should also have a 
knowledge of the Jus Publicum which is conver- 
sant about a State as such, and he should be fami- 
liar with the events of history and instances de- 
rived from the experience of the past. Antonius 
(i. 49) limits the qualifications of the orator to the 
command of language pleasant to the ear and of 
arguments adapted to convince in causes in the 
forum and on ordinary occasions. He further re- 
quires the orator to have competent voice and 
action and sufficient grace and ease. Antonius 
(i. 58) contends that an orator does not require a 
knowledge of the Jus Civile, and he instances the 
case of himself, for Crassus allowed that Antonius 
could satisfactorily conduct a cause, though Anto- 
nius, according to his own admission, had never 
learned the Jus Civile, and had never felt the want 
of it in such causes as he had defended (injure). 

The profession then of the orator, who with re- 
ference to his undertaking a client's case is also 
called patronus (de Or. i. 56, Brut. 38) was 
quite distinct from that of the Jurisconsultus 
[Jurisconsulti], and also from that of the 
Advocatus, at least in the time of Cicero (ii. 74), 
and even later (de Orat. Dial. 34). An orator, 
who possessed a competent knowledge of the Jus 
Civile, would however have an advantage in it, as 
Antoniu9 admits (i. 59) ; but as there were many 
essentials to an orator, which were of difficult at- 
tainment, he says that it would be unwise to dis- 
tract him with other things. Some requisites of 
oratory, such as voice and gesture, could only be 
acquired by discipline ; whereas a competent know- 
ledge of the law of a case (juris uti/itas) could be 
got at any time from the jurisconsulti (periti) or 
from books. Antonius thinks that the Roman 
orators in this matter acted more wisely than the 
Greek orators, who being ignorant of law had the 
assistance of low fellows, who worked for hire, and 
were called Pragmatici (i. 45): the Roman orators 
entrusted the maintenance of the law to the high 
character of their professed Jurists. 

So far as the profession of an advocate consists 
in the skilful conduct of a cause, and in the sup- 



porting of his own side of the question by proper 
argument, it must be admitted with Antonius that 
a very moderate knowledge of law is sufficient ; and 
indeed even a purely legal argument requires not so 
much the accumulation of a vast store of legal know- 
ledge as the power of handling the matter when it 
has been collected. The method in which this con- 
summate master of his art managed a cause is stated 
by himself (de Or. ii. 72) ; and Cicero in another 
passage (Brutus, 37) has recorded his merits as an 
orator. Servius Sulpicius, who was the greatest 
lawyer of his age, had a good practical knowledge 
of the law, but others had this also, and it was 
something else which distinguished Sulpicius from 
all his contemporaries — "Many others as well as 
Sulpicius had a great knowledge of the law ; he 
alone possessed it as an art. But the knowledge 
of law by itself would never have helped him to 
this without the possession of that art which 
teaches us to divide the whole of a thing into its 
parts, by exact definition to develope what is im- 
perfectly seen, by explanation to clear up what is 
obscure ; first of all to see ambiguities, then to dis- 
entangle them, lastly to have a rule by which 
truth and falsehood are distinguished, and by which 
it shall appear what consequences follow from pre- 
mises and what do not." (Brut. 41.) With such 
a power Sulpicius combined a knowledge of letters 
and a pleasing style of speaking. As a forensic 
orator then lie must have been one of the first that 
ever lived ; but still among the Romans his re- 
putation was that of a jurist, while Antonius, who 
had no knowledge of the law, is put on a level as 
an orator (patronus) with L. Crassus, who of all the 
eloquent men of Rome had the best acquaintance 
with the law. 

Orator}' was a serious study among the Romans. 
Cicero tells us by what painful labour he attained 
to excellence. (Brut. 91, &c.) Roman oratory 
reached its perfection in the century which pre- 
ceded the Christian aera. Its decline dates from 
the establishment of the Imperial power under 
Augustus and his successors ; for though there were 
many good speakers, and more skilful rhetoricians 
under the empire, the oratory of the republic was 
rendered by circumstances unsuitable for the senate, 
for the popular assemblies, or for cases of crimes 
and high misdemeanours. 

In the Dialogue De Oratoribus, which is attri- 
buted to Tacitus, Messala, one of the speakers, 
attempts (c. 28, &c.) to assign the reasons for the 
low state of oratory in the time of Vespasian, when 
the Dialogue was written, compared with its con- 
dition in the age of Cicero and of Cicero's prede- 
cessors. He attributes its decline to the neglect of 
the discipline under which children were formerly 
brought up, and to the practice of resorting to 
rhetoricians (rhetores) who professed to teach the 
oratorical art. This gives occasion to speak more 
at length of the early discipline of the old orators 
and of Cicero's course of study as described in the 
Brutus. The old orators (c. 34) learned their art 
by constant attendance on some eminent orator 
and by actual experience of business : the orators 
of Messala's time were formed in the schools of 
Rhetoric, and their powers were developed in exer- 
cises on fictitious matters. These however, it is 
obvious, were only secondary causes. The imme- 
diate causes of the decline of eloquence appear to 
be indicated by Maternus, another speaker in the 
Dialogue, who attributes the former flourishing 



ORGY I A. 

condition of eloquence to the political power which 
oratory conferred on the orator under the Republic, 
and to the party struggles and even the violence 
that are incident to such a state of society. The 
allusion to the effect produced by the establish- 
ment of the Imperial power is clear enough in the 
following words, which refer both to the Imperial 
and the Republican periods : " cum mixtis omnibus 
et moderatore uno carentibus, tantum quisque orator 
saperet, quantum erranti populo persuaderi poterat.'*' 

The memorials of Roman oratory are the ora- 
tions of Cicero ; but they are only a small portion 
of the great mass of oratorical literature. The frag- 
ments of the Roman orators from Appius Caecus 
and M. Porcius Cato to Q. Aurelius Symmachus, 
have been collected by II. Meyer, Zurich, 1 vol. 
8vo. 2d ed. 1842. [G. L.J 

ORBUS. [Leges Jcliae, p. 692, b.] 

ORCA. [SlTELLA.] 

ORCHE'SIS (upxi^'O- [Saltatio.J 
ORCHESTRA. [Theatrum.] 
ORCINUS LIBERTUS. [Manumissio.] 
ORCTNL'S SENATOR. [Senates.] 
ORDINA'RIUS JUDEX. [Judex Peda- 
NEi;s.] 

ORDINA'RIUS SERVUS. [Servus.] 

ORDO is applied to any body of men, who form 
a distinct class in the community, cither by pos- 
sessing distinct privileges, pursuing certain trades 
or professions, or in any other way. Thus Cicero 
( Vcrr. ii. G) speaks of the "Ordo aratorum, sive 
pccuariorum, sive mercatorum." In the same way 
the whole body of sacerdotes at Rome is spoken of 
as an ordo (Kcstus, s.v. Ordo Sunrdntum), and 
separate ecclesiastical corporations arc called by the 
same title. (Ordo colleijii nostri, Orelli, Inscr. n. 
2417 ; Ordo Scviralium, Id. n. 2229.) The liber- 
tini and scribae also formed separate ordincs. (Suet. 
de (r'rammat. 18 ; Cic. Verr. i. 47, iii. 79.) The 
Senate and the Equites are also spoken of re- 
spectively as the Ordo Scnatorius and Ordo Eques- 
tris [Senatl'S ; Eqi ites] ; but this name is 
never applied to the Plebes. Accordingly, we find 
the expression " Uterquc Ordo " used without any 
further explanation to designate the Senatorial 
and Equestrian ordincs. (Suet. Aug. 15 ; Veil. Pat. 
ii. 100.) The Senatorial Ordo, as the highest, is 
sometimes distinguished as " amplissimus Ordo." 
(Plin. Bp. x. 3 ; Suet. Olio, 8, Vesp.2.) 

The senate in colonies and municipia was called 
Ordo D. curionum (Dig. 59. tit. 2. s. 2. § 7 ; Orelli, 
Inzer. i\. 11S7 ; Coi.oma, p. 31 1!, a), and sometimes 
simply Ordo (Tacit. Hist. ii. .52 ; Dig. 50. tit. 2. 
I. 2. § 3 ; Orelli, n. 3734), Ordo amplissimus 
(Cic. pro Cue!. 2), or Ordo splendidissimus (Orelli, 
n. I 180, 1181). 

The term Ordo is also applied to a company 
or troop of soldiers, and is used as equivalent 
to Ccntiiria : thus centurions arc sometimes railed 
"qui ordines duxcrunt" (Cic. I'hil. i. 8; Caes. 
Ilrl/. Ch>. i. 13), and the first centuries in a legion 
"primi ordincs." (Cues. Ilrll. (jail. v. 28, 41.) 
Even the centurions of the first centuries are oc- 
casionally called ** Primi Ordines." (Caes. Hell, 
dull. v. 30, vi. 7 ; Liv. xxx. 4 ; Gronov. ad toe.) 

[Coin p. EXBHCITUO, p. 501, b. J 

OR'GANON. [IIvi.ram.a ; Mamiina.] 
O'ltdl.V. [Mvstekia.) 

ORGY I. \ (opyvid), a Orcck measure of 
length, derived from the human body, was the 
distance from extremity to extremity of the out- 



OSCHOPHORIA. 845 
stretched arms, whence the name, from opeya. 
(Xen. Mem. ii. 3. § 19 ; Pollux, ii. 158.) It was 
equal to 6 feet or to 4 cubits, and was 1-1 00th of 
the stadium. (Herod, ii. 149.) It may be ex- 
pressed nearly enough in English by the word 
fathom. (Comp. Mensi ra and the Tables.) [P.S.] 
ORICHALCDM (opei'xaAicos), a metallic com- 
pound, akin to copper and bronze, which was 
highly prized by the ancients. (See the passages 
in Forcellini, and the other Latin Lexicons.) The 
word has given rise to much doubt ; but the truth 
seems to be that it denotes trass, with which the 
ancients became acquainted by fusing zinc ore 
(cadmium, calamine) with copper, although they 
appear to have had scarcely any knowledge of 
zinc as a metal. They appear to have regarded 
orichalcum as a sort of bronze. How little ac- 
quainted they were with its true formation is 
shown by the fact that, deceived by its colour, 
they supposed gold to be one of its constituents, 
and then perpetuated their error by a false ortho- 
graphy, aurichatcum. The true derivation is no 
doubt from upos and x°iAK<is, that is, mountain- 
bronze, so called probably because it was obtained 
by fusing copper with an ore (metal as found in 
the mountain), and not with an already reduced 
metal. (Sec especially Strabo, with Groskurd's 
note, and Beckman, as quoted in the article Me- 

TAI.LUM.) [P.S.] 

ORIGINA'RII. [Colonati s, p. 311, b.] 
ORNAME'NTA TRIUMPHA'LIA. [Tri- 
umph us.] 
OKNA'TRIX [Coma, p. 330, b]. 
ORTHODCRON. [Mensura.] 
OSCHOPHO'RIA (oaxo<p6pia or axrxo<p6pia), 
an Attic festival, which according to some writers 
was celebrated in honour of Athena and Dionysus 
(Phot. p. 322, Bekk.), and according to others in 
honour of Dionysus and Ariadne. (Pint Thes. 23.) 
The time of its celebration is not mentioned by any 
ancient writer, but Corsini (Fast. Att. ii. p. 354) 
supposes with great probability that it was held at 
the commencement of the Attic month Pyancpsion. 
It is said to have been instituted by Theseus. Its 
name i9 derived from durxos, uaxos, or oaxv, a 
branch of vines with grapes, for it was a vintage 
festival, and on the day of its celebration two 
youths, called i<rxo<p6poi, whose parents were alive, 
and who were elected from among the noblest and 
wealthiest citizens (Schol. ad A'icand. Atejrip/t. 
109), carried, in the disguise of women, branches 
of vines with fresh grapes from the temple of 
Dionysus in Athens, to the ancient temple of 
Athena Sciras in Phalerus. These youths were 
followed by a procession of persons who likewise 
carried vine-branches, and a chorus sang hymns 
ailled w<rxo<popiKa n(\i], which were accompanied 
by dances. (Athen. xiv. p. f>8l.) In the sacrifice 
which was offered on this occasion, women also 
took part ; they were called hnirvo(p6poi, for tliev 
represented the mothers of the youths, carried the 
provisions (itya «ol ania) for them, and related 
stories to them. During the sacrifice the statr of 
the herald was adorned with garlands, and when 
the libation was performed the spectators cried 
out iktkiv, iot. Ion, ( Plot. 77</-.«. 22.) The ephebi 
taken from all tin- tribes had on this day n contest 
in racing from the city to the temple of Athena 
Sciras, during which they also earned the iaxv, 
and the fictOI Motived a cup filled with five dif- 
ferent tilings (ir'KTOTrAuot,*-* trairAoo, or T*vTairA.7j), 



846 



OVATIO. 



viz. wine, honey, cheese, flour, and a little oil. 
(Athen. xi. p. 495.) According to other accounts 
the victor only drank from this cup. The story 
which was symbolically represented in the rites 
and ceremonies of this festival, and which was said 
to have given rise to it, is related by Plutarch 
(Thes. 22, 23) and by Proclus (p. 388, ed. Gais- 
ford). (Compare Bekker's A necdot. p. 318 ; Ety- 
mol. Magn. and Hesych. s. v. T no"x°i ; Suidas, s. v. 
'n^xocpopia and u&xo(p6pos.) [L. S.] 

OSCILLUM, a diminutive through osculum 
from os, meaning " a little face," was the term 
applied to faces or heads of Bacchus, which were 
suspended in the vineyards to be turned in every 
direction by the wind. Whichsoever way they 
looked, they were supposed to make the vines in 
that quarter fruitful. (Virg. Georg. ii. 388—392.) 
The left-hand figure in the annexed woodcut is 
taken from an oscillum of white marble in the 
British Museum. The back of the head is want- 
ing, and it is concave within. The mouth and 
pupils of the eyes are perforated. It represents 
the countenance of Bacchus with a beautiful, mild, 
and propitious expression (molle, hmestum, Virg. 
I. c). A fillet, spirally twisted about a kind of 
wreath, surrounds the head, and descends by the 
ears towards the neck. The metallic ring, by 
which the marble was suspended, still remains. 
The other figure is from an ancient gem (Maffei, 
Gem. Ant. iii. 64), representing a tree with four 




oscilla hung upon its branches. A Syrinx and a 
Pedum are placed at the root of the tree. 

From this noun came the verb oscillo, meaning 
" to swing." Swinging (oseillatio) was among the 
bodily exercises practised by the Romans, and was 
one of the amusements at the Feriae Latinae. 
(Festus, s. v. ; Hygin. Fab. 1 30 ; Wunder, Com- 
ment, ad Cic. pro Plane, p. 93 ; Feriae, p. 
530, a.] [J-Y.] 

O'SCINES. [Augur, p. 175, b.] 

OSTIA'RIUM was a tax upon the doors of 
houses, which was probably imposed along with 
the Columnarium by the lex sumtuaria of Julius 
Caesar. It was levied by Metellus Scipio in Syria, 
together with the Columnarium, on which see Co- 
lumnarium (Caes. B. C. iii. 32 ; Cic. ad Fam. 
iii. 8). 

OSTIA'RIUS. [Domus, p. 427, b.] 
O'STIUM. [Janua.] 
OSTRACISMUS. [Exsilium, p. 514.] 
O'STRACON (So-rpaKov). [Fictile.] 
OVA'TIO, a lesser triumph, ; the terms em- 
ployed by the Greek writers on Roman history are 
eua, euaerT^s, 7re£bs bp'tanSos. The circumstances 
by which it was distinguished from the more im- 
posing solemnity [Triumph us] were the foHow- 
ing: — The general did not enter the city in a 



PAEAN. 

chariot drawn by four horses, but on foot ; he was 
not arrayed in the gorgeous gold embroidered robe, 
but in the simple toga praetexta of a magistrate ; 
his brows were encircled with a wreath not of 
laurel but of myrtle ; he bore no sceptre in his 
hand ; the procession was not heralded by trum- 
pets, headed by the senate and thronged with vic- 
torious troops, but was enlivened by a crowd of 
flute-players, attended chiefly by knights and ple- 
beians, frequently without soldiers ; the ceremonies 
were concluded by the sacrifice not of a bull but 
of a sheep. (Plut. Mareell. c. 22 ; Dionys. v. 47 ; 
Gell. v. 6; Liv. iii. JO, xxvi. 21.) The word 
ovatio seems clearly to be derived from the kind of 
victim offered, and we need pay little respect to 
the opinion of Festus (s. v. Ovantes), who supposes 
it to have been formed from the glad shout ! ! 
frequently reiterated, nor to that of Dionysius, 
whose system required him to trace every custom 
to a Grecian origin, and who therefore maintains 
that it is corrupted from the Bacchanalian evoi. 
Dionysius makes another mistake in assigning a 
laurel chaplet to the conqueror on these occasions, 
since all the Roman writers agree with Plutarch 
in representing that the myrtle crown, hence called 
Ovalis Corona, was a characteristic of the ovation. 
(Festus, s. v. Ovalis Corona ; Plin. H. N. xv. 29 ; 
Plut. ; Gell. II. cc.) Compare Corona, p. 361. - 
In later times, the victor entered upon horse- 
back (Serv. in Virg. Aen. iv. 543), and the ova- 
tions celebrated by Octavianus, Drusus, Tiberius, 
&c, are usually recorded by Dion Cassius by a 
reference to this circumstance. (Dion Cass, xlviii. 
31, xlix. 15, liv. 8, 33, Iv. 2.) 

An ovation was granted when the advantage 
gained, although considerable, was not sufficient to 
constitute a legitimate claim to the higher distinc- 
tion of a triumph, or when the victory had been 
achieved with little bloodshed, as in the case of 
Postumius Tubertus, who first received this honour 
(Plin. H.N. xv. 29) ; or when hostilities had not 
been regularly proclaimed (Festus, Gell. II. cc.) ; 
or when the war had not been completely termi- 
nated, which was one of the ostensible reasons for 
refusing a triumph to Marcellus on his return from 
Sicily (Plut. I.e.; Liv. xxvi. 21) ; or when the 
contest had been carried on against base and un- 
worthy foes, and hence when the servile bands of 
Athenion and Spartacus were destroyed by Per- 
perna and Crassus, these leaders celebrated ova- 
tions only (Floras, iii. 19 ; Plin. Gell. I. c), al- 
though the latter by a special resolution of the se- 
nate was permitted to wear a laurel crown. [W.R.] 
OVI'LE. [Comitia, p. 336, b.] 
OU'SIAS DIKE. [Enoikiou Dike.] 
OXYBAPHUM. [Acetabulum.] 



P. 



PA'CTIO, PACTUM. [Obligationes.] 
PAEAN {iraiyjuv, iraictc, iraiuv), a hymn or 
song which was originally sung in honour of 
Apollo, and seems to be as old as the worship of 
this deity. The etymology of the word is doubt- 
ful. Some suppose that it obtained its name from 
Paeon, the god of healing ; but in the Homeric 
poems Paeon is always spoken of as a separate 
divinity, distinct from Apollo. Other writers, 
with still less probability, connect it with iraiw, to 
strike. 



PAEDAGOGUS. 



PAEDAGOGUS. 



847 



The paean was always of a joyous nature, and 
its tune and sounds expressed hope and confidence. 
The sound of i^j appears to have been invariably 
connected with it (Athen. xv. pp. 606, e. f. 701,b.c.) 
It was sung by several persons, one of whom pro- 
bably led the others, and the singers either marched 
onwards or sat tojether at table. Thus Achilles 
after the death of Hector calls upon his companions 
to return to the ships, singing a paean on account 
of the glory they had gained (//. xxiii. 391); and 
the Achaeans, after restoring Chryseis to her 
father, arc represented as singing a paean to Apollo 
at the end of the sacrificial feast, in order to ap- 
pease his wrath. (//. i. 473.) From these pas- 
sages it is clear that the paean was a song of 
thanksgiving, when danger was passed, and also a 
hymn to propitiate the god. It was sung at the 
solemn festivals of Apollo, especially at the Hya- 
cinthia (elf to 'TaKiefha iwi rbv iraiuva, Xen. 
If ell. iv. 5. § 11, Ages. ii. 17), and was also sung 
from very early times in the temples of the god. 
(Horn. Hymn, ad Apoll. 514 ; Eurip. Ion, 125, 
&c.) 

The paean was also sung as a battle song, both 
before an attack on the enemy and after the battle 
was finished. (Thucyd. i. 50, iv. 43, ii. 91, Tii. 44 ; 
Xen. A nab. i. 8. § 17, Axe.) This practice seems 
to have chiefly prevailed among the Dorians, but 
it was also common among the other Greek states. 
The origin of it is said to have arisen from the fact, 
that Apollo sang it after his victory over the Pythian 
dragon. The paean sung previous to an engage- 
ment was called by the Spartans Traiai> tfiSarhptos. 
(Plut. Lye. 22.) The Scholiast on Thucydides (i. 
50 ) says, that the paean which was sung before 
the battle was sacred to Arcs, and the one sung 
after to Apollo ; but there are strong reasons for 
believing that the paean as a battle-song was in 
later times not particularly connected with the 
worship of Apollo. (Bode, Geseh. der lyrisch. 
Dichtkunst der Ilellenen, vol. i. pp. 9, 10, &c.) It 
is certain that the paean was in later times sung 
to the honour of other gods besides Apollo. Thus 
Xenophon relates that the Lacedaemonians on one 
occasion sang a paean to Poseidon, to propitiate 
hitn after an earthquake (Hell, iv. 7. § 4 ), and also 
that the Greek army in Asia sang a paean to 
Zeus. (Anal>. iii. 2. ; 9.) 

In still later times, paeans were sung in honour 
of mortals. Thus Aratus sang paeans to the 
honour of the Macedonian Antigonus (Plut. Clenm. 
16) ; a paean composed by Alexinus was sung at 
Delphi in honour of the Macedonian Craterus ; and 
tho Khodians celebrated Ptolemaeus I., king of 
Egypt, in the same manner. (Athen. zr. p. C96, 
e. f.) The Chalcidians, in Plutarch's time, still 
continued to celebrate in a paean the praises of 
their benefactor, Titus Klarninius. (Plut Flam. 16.) 

The practice of singing the paean at banquets, 
and especially at the end of the feast, when liba- 
tions were poured out to the gods, was very an- 
cient It is mentioned by Alcman, who lived in 
the seventh century B.C. (Strab. I. p. 482.) The 
paean continued to be sung on such occasions till a 
late period. (Xen. Sym/t. ii. 1 ; Pint Symp. vii. Ii. 
8 4.) 

(MUller, Ili.it. nf Greek Literature, pp. 19, 20, 
Dorians, ii. 6. 8 4 ; Bode, Qttch. dcr lyrisch^ d-c. 

toI. i. pp. 7 — 77.) 

PAKDAGO'GIA. [Paedaooous.] 
PAKDAGO'G US (xaioaywy6t), a tutor. The 



office of tutor in a Grecian family of rank and 
opulence (Plato, de Itepub. i. p. 87, ed. Bekker, de 
Leg. vii. pp. 41,42) was assigned to one of the most 
trustworthy of the slaves. The sons of his master 
were committed to his care on attaining their sixth 
or seventh year, their previous education having 
been conducted by females. They remained with 
the tutor (magister) until they attained the age of 
puberty. (Ter. Andr. i. 1. 24.) His duty was 
rather to guard them from evil, both physical and 
moral, than to communicate instruction, to cultivate 
their minds, or to impart accomplishments. He 
went with them to and from the school or the 
Gvmnasium (Plato, Lysis, p. 118); he accom- 
panied them out of doors on all occasions ; he was 
responsible for their personal safety, and for their 
avoidance of bad company. ( Bato, ap. Athen. vii. p. 
279.) The formation of their morals by direct su- 
perintendence belonged to the ■naiZovotioi as public 
officers, and their instruction in the various branches 
of learning. t. e. in grammar, music, and gymnas- 
tics, to the 5i$d<TKa\oi or praeceptores, whom Plato 
(II. cc.), Xenophon (de Lac. Rep. ii. 1, iii. 2), 
Plutarch (de Lib. Ed. 7), and Quintilian (Inst. Or. 
i. 1. 8,9) expressly distinguish from the paedagogi. 
These latter even carried the books and instru- 
ments which were requisite for their young masters 
in studying under the sophists and professors. 

This account of the office is sufficient to explain 
why the vaiSaywyos so often appears on the 
Greek stage, both in tragedy, as in the Medea, 
Phoenissue, and Ion of Euripides, and in comedy, 
as in the liacchides of Plautus. The condition of 
slavery accounts tor the circumstance, that the 
tutor was often a Thracian (Plato, Alcib. i. p. 341, 
ed. Bekker), an Asiatic, as i3 indicated by such 
names as Lydus (Plaut /. c), and sometimes an 
eunuch. (Herod, viii. 75 ; Corn. Nep. Themist. iv. 
3 ; Polyaen. i. 30. § 2.) Hence also we see why 
these persons spoke Greek with a foreign accent 
(irtroGapGapi£oi/Tts, Plato, Lytis, p. I45,ed. Bekker). 
Gn rare occasions, the tutor was admitted to the 
presence of the daughters, as when the slave, sus- 
taining this office in the royal palace at Thebes, 
accompanies Antigone while she surveys the be- 
sieging army from the tower. (Eurip. I'hoen. 87 — 
210.) 

Among the Romans the attendance of the tutor 
on girls as well as boys was much more frequent, 
as they were not confined at home according to 
the Grecian custom. (Val. Max. vi. I. § 3.) As 
luxury advanced under the emperors, it was strik- 
ingly manifested in the dress and training of the 
beautiful young slaves who were destined to be- 
come paedagogi, or, as they were also termed, 
paedagrxjia and pueri jxudagw/iuni. (Plin. //. .V. 
xxxiii. 12. s. 54 ; Sen. Epist. 124, De Vita. Ijrata, 
17; Tcrtull. Apol. 13.) Augustus assigned to 
them a separate place, near his own, nt the public 
spectacles. (Sueton. Aug. 41.) Nero gave otTcnco 
by causing free boys to be brought up in the deli- 
cate habits of paedagogi. (Sueton. A'er. 28. ) After 
this period numbers of them were attached to the 
imperial family for the sake of st'itc and orna- 
ment, and not only is the modern word page a 
corruption of the ancient appellation, but it aptly 
expresses the nature of the service which the pae- 
dagogia at this later era afforded. 

In palaces and other great houses the pages slept 
and lived in a separate apartment, which mi also 
| called patdagogium. (Plin. Epist. vii. 27.) (J. Y.] 



848 



PAENULA. 



PALA. 



PAEDO'NOMUS (waidofSfios), was a magis- 
trate at Sparta, who had the general superintend- 
ence of the education of the boys. His office was 
considered very honourable, and he was always 
chosen from the noblest citizens. He had to make 
a general inspection of the boys, and to punish 
severely all those who had been negligent or idle ; 
for which purpose jj.a<m-yo<f>/ipoi were assigned to 
him by Lycurgus. Those who were refractory he 
might bring before the Ephors. The more imme- 
diate inspection of the gymnastic exercises of the 
boys belonged to magistrates called /3iSia?oi. [Bi- 
diaei.] (Xen. Rep. Lac. ii. 2, iii. 10, iv. 6 ; Plut. 
Lyc. 17 ; Hesychius, s. v. ; Krause, Gymnastik und 
Agon, der Helleyien, pp. 254, 677.) 

PAEDOTRI'BAE (ttaiSorpiSal), [Gymnasi- 
um, p. 581, b.] 

PAE'NULA was a thick cloak, chiefly used by 
the Romans in travelling instead of the toga, as a 
protection against the cold and rain. (Cic. pro Mil. 
20 ; Quintil. vi. 3. § 66.) Hence we find the ex- 
pression of scindere paenulam (Cic. ad Att. xiii. 33) 
used in the sense of greatly pressing a traveller to 
stay at one's house. The paenula was worn by 
women as well as by men in travelling. (Dig. 34. 
tit. 2. s. 23.) It appears to have been a long cloak 
without sleeves, and with only an opening for the 
head, as is shown in the following figure taken 
from Bartholini. If this is a real example of a 
paenula, it would seem that the dress was sewed 
in front about half way down, and was divided 
into two parts, which might be thrown back by 
the wearer so as to leave the arms comparatively 
free : it must have been put on over the head. 
This figure explains the expression of Cicero {pro 
Mil. I. ft), " paenula irretitus ; " and of the author 
of the Dialogus de Oratoribus (c. 39), " paenulis 
adstricti et velut inclusi." 




Under the emperors the paenula was worn in 
the city as a protection against the rain and cold 
(Juv. v. 79), but women were forbidden by Alex- 
ander Severus to wear it in the city. (Lamprid. 
Alex. Sev. 27.) At one time, however, the paenula 
appears to have been commonly worn in the city 
instead of the toga, as we even find mention of 
orators wearing it when pleading causes (Dial, de 
Orat. 39), but this fashion was probably of short 
duration. 



The paenula was usually made of wool (Plin. 
H. N. viii. 48. s. 73), and particularly of that kind 
which was called Gausapa [Gausapa] ( paenula 
gausapina, Mart. xiv. 145). It was also some- 
times made of leather ( paenula scortea, Mart. xiv. 
130). Seneca (Quuest. Nat. iv. 6) speaks of 
" paenulae aut scorteae," but he appears only to 
use this expression because paenulae were usually 
made of wool. (Bartholini , de Paenula ; Becker, 
Gallus, vol. ii. p. 93.) 

PAGANA'LIA. [Pagi.] 

PAGA'NI. [Pagi.] 

PAGA'NICA. [Pila.] 

PAGI, were fortified places, to which the coun- 
try-people might retreat in case of an hostile in- 
road, and are said to have been instituted by 
Servius Tullius (Dionys. iv. 15) ; though the divi- 
sion of the country-people into pagi is as old as 
the time of Numa (Dionys. ii. 76.) Each of the 
country-tribes was divided into a certain number 
of pagi ; which name was given to the country ad- 
joining the fortified village, as well as to the village 
itself. There was a magistrate at the head of each 
pagus, who kept a register of the names and of 
the property of all persons in the pagus, raised the 
taxes, and summoned the people, when necessary, 
to war. Each pagus had its own sacred rites, and 
an annual festival called Paganalia. (Dionys. iv. 
15 ; Varro, de Ling. Lat. vi. 24, 26, ed. Miiller ; 
Macrob. Saturn, i. 16 ; Ovid, Fast. i. 669.) The 
Pagani, or inhabitants of the pagi, had their re- 
gular meetings, at which they passed resolutions, 
many of which have come down to us. (Orelli, 
Inser. n. 3793, 4083, 106, 202, 2177.) The di- 
vision of the country -people into pagi continued to 
the latest times of the Roman empire, and we find 
frequent mention of the magistrates of the pagi 
under the names of Magistri, Praefecti or Prae- 
positi pagorum. (Orelli, I?iscr. n. 121, 3795, 3796 ; 
Cod. Theod. 2. tit. 30. s. 1 ; 8. tit. 15. s. 1; Wal- 
ter, Geschichte des Rom. Rechts, §§ 26, 164, 247, 
366, 2d ed.) 

The term Pagani is often used in opposition to 
milites, and is applied to all who were not soldiers, 
even though they did not live in the country. 
(Milites et pagani, Plin. Ep. x. 1 8 ; Juv. xvi. 32 ; 
Suet. Aug. 27, Galb. 19 ; Dig. 11. tit. 4. s. 1 ; 48. 
tit. 19. s. 14, &c). Hence we find Pagani or citi- 
zens applied as a term of reproach to soldiers who 
did not perform their duty (Tacit. Hist. iii. 24), 
in the same way as Julius Caesar addressed his 
rebellious soldiers on one occasion as Quirites. 
The Christian writers gave the name of Pagani 
to those persons who adhered to the old Roman 
religion, because the latter continued to be gene- 
rally believed by the country -people, after Chris- 
tianity became the prevailing religion of the in- 
habitants of the towns. (Isidorus, viii. 10 ; Cod. 
Theod. 16. tit. 10 ; Cod. Just. 1. tit. 11.) 

PALA (tttvov, aK.ana.vi), aKa(p'wv, fiatctAAa), a 
spade. (Cato de Re Rust. 10 ; Plin. H. JV. xvii. 
17. s. 27, xvii. 22. s. 35.) The spade was but little 
used in ancient husbandry, the ground having been 
broken and turned over by the plough, and also 
by the use of large hoes and rakes. [Ligo ; Ras- 
trum.] But in some cases a broad cutting edge 
was necessary for this purpose, as, for example, 
when the ground was full of the roots of rushes or 
other plants. (Plin. //. N. xviii. 8.) Also in gar- 
dening it was an indispensable instrument, and 
it was then made on the same principle as the 



PALAESTRA. 



PALILIA. 



849 



plough-share, viz. by casing its extremity with 
iron. (Colum. x. 45.) The annexed woodcut, taken 
from a funeral monument at Rome (Fabretti, In- 
scrip. Ant. p. 574), exhibits a deceased countryman 
with hi3 falx and bidens, and also with a pala, 
modified by the addition of a strong cross-bar, by 
the use of which he was enabled to drive it nearly 
twice as deep into the ground as he could have 
done without it. In this form the instrument was 




called bipalium, being employed in trenching ( pas- 
tinatio), or, when the ground was full of roots to 
a considerable depth, in loosening them, turning 
them over, and extirpating them, so as to prepare 
the soil for planting vines and other trees. By 
means of this implement, which is still used in 
Italy and called vanga, the ground was dug to the 
depth of two spades or nearly two feet (Plin. 
//. N. xviii. 26. s. C2 ; Cat. de Re Rust. 6, 45, 
151 ; Varr. de Re Rust. i. 37 ; Col. de Re Rust. 
v. 6. p. 214, xi. 3. p. 450, ed. Rip.) 

Cato (/hid. 11) mentions wooden spades ('pa/as 
ligneas) among the implements necessary to the 
husbandman. One principal application "of them 
was in winnowing. The winnowing-shovel, also 
called in Latin vrntilul,rum, is still generally used 
in Greece, and the mode of employing it is ex- 
hibited by Stuart in his u Antiquities of Athens." 
The corn which has been threshed lies in a heap 
upon the floor, and the labourer throws it to a dis- 
tance with the shovel, whilst the wind, blowing 
Htrvnifl y across the direction in which it is thrown, 
drives the chaff and refuse to one side. (Theocrit 
vii. 156; Matt iii. 12; Luke, iiL 17.) The fruit of 
leguminous plants was purified and adapted to be 
used for food in the same manner. (Horn. //. v. 
499—502, xiii. 588—592.) 

The term pala was applied anciently, as it is in 
modern Italian, to the blade or broad part of an 
oar. [Rkmu.h.] In a ring the broad part, which 
held the gem, was called by the name of jmta 
[Anm j.t/s.] |J. Y.] 

I'ALAKSTK. [Palmi-s; Mkn.m RA,p.751,b.l 

PALAESTRA (»oAaI<TTpa) properly means a 
place for wrestling (waAaitiv, »aA7j), nnd appears 
to have originally formed a part of the gymna- 
sium. The word was, however, used in different 



senses at various periods, and its exact meaning, 
especially ii» relation to the gymnasium, has occa- 
sioned much controversy among modern writers. 
It first occurs in Herodotus (vi. 126, 128), who 
says that Cleisthenes of Sicyon built a dromos and 
a palaestra, both of which he calls by the general 
name of palaestra. At Athens, however, there 
was a considerable number of palaestrae, quite 
distinct from the gymnasia, which were called 
by the names either of their founders, or of the 
teachers who gave instruction there ; thus, for ex- 
ample, we read of the palaestra of Taureas. (Plat. 
Cliarmid. init.) Krause (Gymnastik und Agomstik 
der Hellenen, p. 117, <tc.) contends that the pa- 
laestrae at Athens were appropriated to the gym- 
nastic exercises of boys and youths (iraTdes and 
/jiftpaxia), and the gymnasia to those of men ; but 
Becker (Charikles, vol. i. pp. 311, 335, &c.) has 
shown that this cannot be the true distinction, al- 
though it appears that certain places were, for obvious 
reasons, appropriated to the exclusive use of boys. 
(Aesch. c. Timarch. p. 35, Reiske.) But that the 
boys exercised in the gymnasia as well, is plain 
from many passages (Antiph. de Coed. invoL p. 
661, Reiske ; 7ro7s wpaios otto yvuvaa'wv, Aristoph. 
Ai: 138, 140) ; while, on the other hand, we read 
of men visiting the palaestrae. (Lucian, Navig. 4. 
vol. iii. p. 25), Reitz.) 

It appears most probable that the Palaestrae 
were, during the flourishing times of the Greek 
republics, chiefly appropriated to the exercises of 
wrestling and of the pancratium, and were prin- 
cipally intended for the athletae, who. it must 
be recollected, were persons that contended in the 
public-games, and therefore needed special train- 
ing. This is expressly stated by Plutarch (Symp. 
ii. 4), who says, u that the place in which all the 
athletae exercise is called a palaestra ;" and we 
also learn from Pausanias (v. 15. § 5, vi. 21. § 2), 
that there were at Ulyinpia palaestrae especially 
devoted to the athletes. In Athcnaeus (x. p. 
417, f.) we read of the great athletes Daniippus 
Coming out of the palaestra ; and Galen (irtpl toD 
5ii fitxpus <T(palpas yujivaaiov, c. 5) places the 
athletae in the palaestra. (Krause, Ibid. p. 115.) 

The Romans had originally no places correspond- 
ing to the Greek gymnasia and palaestrae ; and 
when towards the close of the republic, wealthy 
Romans, in imitation of the Greeks, began to build 
places for exercise in their villas, they called them 
indifferently gymnasia and palaestrae. (Cic. ad All. 
i. 4, 8, 9, 10,"a</ Qu. /•>. iii. 1. § 2, Verr. v. 72.) 
The words were thus used by the Romans as 
synonymous ; and accordingly we find that Vilru- 
vius (v. 11) gives a description of a Greek gym- 
nasium ander the name of palaestra. 
PALA'RIA. [Palus.] 
PALATI NI H I)I. [ Lldi Palatini.] 
PALK (toAt;). [Ll-cta.] 
PALI'LIA, a festival celebrated at Rome every 
year on the 21st of April, in honour of Pales, the 
tutelary divinity of shepherds. Some of the ancient 
writers called this festival J'ari/ia, deriving the 
name from jxirio, because sacrifices were offered 
on that day pro fnirtu pecorit. ( FcsL f. v. Rales ; 
compare Poputaria sacra ; Varro, de Ling. Lai. 
vi. 15 ; Dionys. i. 88.) The 2 1st of April was the 
day on which, according to the early traditions of 
Rome, Romulus had commenced the building of 
the city, so that the festival was at the same time 
solemnised as the dies uatalitius of Rome (Feat. 



8.50 



PALILIA. 



PALLIUM. 



s. v. Parilibus ; Cic. de Divin. ii. 47 ; Varro, de 
Re Must. ii. 1 ; Plin. H. TV. xviii. 66) -; and some 
of the rites customary in later times were said to 
have been first performed by Romulus when he 
fixed the pomoerium. (Dionys. /. c.) Ovid (Fast. 
iv. 731, &c.) gives a description of the rites of the 
Palilia, which clearly shows that he regarded it as 
a shepherd-festival, such as it must originally have 
been when the Romans were real shepherds and 
husbandmen, and as it must have continued to be 
among country-people in his own time, as is ex- 
pressly stated by Dionysius ; for in the city itself 
it must have lost its original character, and have 
been regarded only as the dies natalitius of 
Rome. The connection, however, between these 
two characters of the festival is manifest, as the 
founders of the city were, as it were, the kings of 
shepherds, and the founders of a religion suited to 
shepherds. 

The first part of the solemnities, as described 
by Ovid, was a public purification by fire and 
smoke. The things burnt in order to produce 
this purifying smoke were the blood of the Oc- 
tober-horse, the ashes of the calves sacrificed at 
the festival of Ceres, and the shells of beans. 
The people were also sprinkled with water ; they 
washed their hands in spring-water, and drank 
milk mixed with must. (Ovid. Fast. 1. c. ; compare 
Propert. iv. 1. 20.) As regards the October-horse 
(equus October) it must be observed that in early 
times no bloody sacrifice was allowed to be offered 
at the Palilia, and the blood of the October- 
horse, mentioned above, was the blood which had 
dropped from the tail of the horse sacrificed in 
the month of October to Mars in the Campus 
Martius. This blood was preserved by the Vestal 
virgins in the temple of Vesta for the purpose of 
being used at the Palilia. (Solin. p. 2, d ; Fest. 
s. v. October equus; Plut. Romul. 12.) When 
towards the evening the shepherds had fed their 
flocks, laurel-branches were used as brooms for 
cleaning the stables, and for sprinkling water 
through them, and lastly the stables were adorned 
with laurel-boughs. Hereupon the shepherds burnt 
sulphur, rosemary, fir-wood, and incense, and made 
the smoke pass through the stables to purify 
them ; the flocks themselves were likewise puri- 
fied by this smoke. The sacrifices which were 
offered on this day consisted of cakes, millet, milk, 
and other kinds of eatables. The shepherds then 
offered a prayer to Pales. After these solemn 
rites were over, the cheerful part of the festival 
began : bonfires were made of heaps of hay and 
straw, and under the sounds of cymbals and flutes 
the sheep were again purified by being compelled 
to run three times through the fire, and the shep- 
herds themselves did the same. The festival was 
concluded by a feast in the open air, at which the 
people sat or lay upon benches of turf, and drank 
plentifully. (Tibull. ii. 5. 87, &c. ; compare Pro- 
pert, iv. 4. 75.) 

In the city of Rome the festival must, at least 
in later times, have been celebrated in a different 
manner ; its character of a shepherd-festival was 
forgotten, and it was merely looked upon as the 
day on which Rome had been built, and was cele- 
brated as such with great rejoicings. (Athen. viii. 
p. 361.) In the reign of Caligula it was decreed 
that the day, on which this emperor had come to 
the throne, should be celebrated under the name 
of Palilia, as if the empire had been revived by 



him, and had commenced its second existence. 
(Suet. Calig. 16.) Athenaeus (I. c.) says, that 
before his time the name Palilia had been changed 
into Romano, ('Pa/taia). Whether this change 
of name was occasioned by the decree in the 
reign of Caligula just mentioned, is unknown. 
(Comp. Hartung, Die Relig. der Rimer, vol. ii. 
p. 150, &c.) [L. S.J 

PALIMPSESTUS. [Liber.] 

PALLA. [Pallium.] 

PALL ACE (iraA\iz«7)). [Concubina.] 

PALLIA'TA FA'BULA. [Comobdia, p. 
346.] 

PA'LLIUM, dim. PALLIOLUM,poe<. PAL- 
LA (Plaut. Men. ii. 3. 41 — 47 ; Ovid. Amor. iii. 
1. 12, iii. 2. 25) (IfiaTiov, dim. i/xarlSiOV ; Ion. 
and poet, (papos). The English cloak, though com- 
monly adopted as the proper translation of these 
terms, conveys no accurate conception of the form, 
material, or use of that which they denoted. The 
article designated by them was always a rectan- 
gular piece of cloth, exactly, or at least nearly, 
square (rerpdyaiva Ifidria, Posidonius ap. Athen. 
v. p. 213 ; quadrangulus, Tertull. de Pallio, 1). 
Hence it could easily be divided without loss or 
waste into four parts. (John, xix. 23.) It was 
indeed used in the very form in which it was 
taken from the loom [Tela], being made entirely 
by the weaver (to IfiaTiov vfyrjvai, Plat. Charm. 
pp. 86, 98. ed. Heindorf ; Hipp. Min. p. 210, ed. 
Bekker), without any aid from the tailor except 
to repair (sarcire, aice?a8ai) the injuries which it 
sustained by time. Although it was often orna- 
mented, more especially among the northern na- 
tions of Europe, with a fringe [Fimbriae], yet 
this was commonly of the same piece with the 
pallium itself. Also whatever additional richness 
and beauty it received from the art of the dyer, 
was bestowed upon it before its materials were 
woven into cloth or even spun into thread. Most 
commonly it was used without having undergone 
any process of this kind. The raw material, such 
as wool, flax, or cotton, was manufactured in its 
natural state, and hence blankets and sheets were 
commonly white (Aeu/ca Ifidria, Artemidor. ii. 3), 
although from the same cause brown, drab, and 
grey were also prevailing colours. The more 
splendid and elegant tints were produced by the 
application- of the murex (muricata, conchyliata, 
purpurea, vestis; wopcpvpovy, aAovpyrj Ijiaria, He- 
raclides Pont. ap. Athen. xii. p. 512), the kermes 
(coccineus, k6kkivov), the argol (fucatus), and the 
saffron (croceus, KpoKwrdv). [Crocota.] Pale 
green was also worn (J>ij.tpa.Kivov, Pollux, Onom. 
vii. 56). Black and grey pallia were either made 
from the wool of black sheep (Theocrit. v. 98) or 
were the result of the art of the dj'er. They were 
worn in mourning (/xiAava l/xdria, Xen. Hist. Or. 
i. 7. § 8 ; Artemidor. I. c. ; <paia.v io-df/Ta, Inscrip- 
tion in Fellows's Journal, 1838, p. 31), and by 
sorceresses. (Hor. Sat. i. 8. 23.) The pallium of 
one colour (ISidxpoov ijxdnov, literally " the self- 
coloured," Artem. I. c.) was distinguished from the 
variegated (iroiidhov) ; and of this latter class the 
simplest kinds were the striped (pagoWoV, Xen. 
Cyrop. viii. 8. § 8), in which the effect was pro- 
duced by inserting alternately a woof of different 
colours, and the check or plaid (scutulatum, tesse- 
latum), in which the same colours were made to 
alternate in the warp also. Zeuxis, the painter, 
exhibited at the Olympic games a plaid having 



PALLIUM, 
his name woven in the squares {tesserae, irAivflta) 
in golden letters. (Plin. H. X. xxxv. 9. s. 36. 2.) 
An endless variety was produced by interweaving 
sprigs or flowers in the woof (&v8e<ri ireiroi/aA- 
pivov, Plat. Republ. viii. p. 401, ed. Bekker). By 
the same process carried to a higher degree of 
complexity and refinement, whole figures and 
even historical or mythological subjects were in- 
troduced, and in this state of advancement the 
weaving of pallia was the elegant and worthy em- 
ployment of females of the first distinction (Horn. 
77. "hi. 125—128, xxii. 440, 441), and of Athena, 
the inventress of the art, herself. (Apollon. Rhod. 
i. 721 — 768.) The greatest splendour was im- 
parted by the use of gold thread. (Viri». A en. iv. 
262—264 ; Plin. H. N. viii. 48, xxxiii. 1 9 ; Anson. 
Epig. 37 ; Themist Orat. 21 ; Q. Curt iiL 3. 17.) 
Homer represents Penelope weaving a purple 
blanket for Ulysses, which also displayed a beau- 
tiful hunting-piece wrought in gold. (Od. xix. 
225 — 235.) The epithet 5lirka£, which is com- 
monly applied by the poets to these figured palls, 
probably denoted that they were made on the 
principle of a quilt or a Scotch carpet, in which 
two cloths of different colours are so interlaced as 
to form one double cloth, which displays a pattern 
of any kind according to the fancy of the artist. 

Although pallia were finished for use without 
the intervention of the tailor, they were sub- 
mitted to the embroiderer (P/iryt/io ; troiKt\T7)s, 
ir\ovfiapi6s : Aesch. c. Timarch. p. 118, ed. Rciske ; 
SchoL ad loc.) ; and still more commonly to the 
fuller [Fullo], who received them both when 
they were new from the loom, and when they 
were sullied through use. Hence it was a re- 
commendation of this article of attire to be well- 
trodden (dtartirroy, Apollon. Khod. ii. 30) and 
well washed (ivr\vvls, Horn. Od. viii. 425). The 
men who performed the operation are called ol 
wAuKfjs, i. e. the washers, in an inscription found 
in the stadium at Athens. Another appellation 
which they bore, viz. ol artSui, the treaders 
(Schol. in Apall. Ithnd. I. c), is well illustrated 
by the woodcut, representing them at their work, 
in p. 552. 

Considering pallium and palla, IfiaTiov and 
(papot, as generic terms, we find specific terms 
included under them, and denoting distinctions 
which depended on the materials of which the 
cloth was made. Among the Greeks and Romans 
by far the most common material was wool. 
(Pint Mil. iiL 1. 93; Xcn. Oecon. vii. 36; 
Thcoerit /. c.) The garment made of it (laneum 
paUium,C\c. de Nut. hear, iii. 35) was called (from 
the root of lann, wool), in Latin Lakna, in Greek 
X^alva i and as the garment varied, not only in 
colour and ornament, but also in fineness, in close- 
ness of texture (iVotiW A«-»-roT7rrcu, Action, V.H. 
iv. 3), and in size, some of these differences were 
expressed by the diminutives of x katla < such as 
X^aivioy, xAmn (llcrod. iiL 139; Athen. xii. pp. 
545, a, 548, a, 553, rf), x^wiHtov (Herod, i. 195, 
compared with Strabo, xvi. 1. § 20 ; Plut. Symp. 
J'nJJ. vi. 6 ; Dionys. Ant. Horn. vii. 9), x Ka " 1 "- 
kwv (Aristoph. Acharn. 518 ; Aesch. c. Timarch. 
p. 142; Aiciphron, i. 38), and xAovio'ki'Sioi'. 
(Aristoph. l'ax, 1002.) In like manner we find 
the pallium not only designated by epithets added 
to the general terms in order to denote that it was 
made of (lax, e.g. ifiarwv \tvovy, AiVoio yti'i-KKxrra 
<ydp*a (Orpheus, dc Lapid. 702), pallium lincum 



PALLIUM. 851 
(Isid. Hisp. Orig. xix. 25), but also distinguished 
by the specific terms linteum, linteamen ; sindon 
(Mart. Epig. iv. 12) ; aivhav (Herod. iL 86. ; 
Mark, xiv. 51, 52) ; and its diminutive aivSoyioy. 
(Palladii. Vita Serap.) A coarse linen pallium was 
also called <pwawv (Pollux, vii. c. 16), and a fine 
one o86trn, dim. o66vioy. (Horn. //. iii. 141, xviii. 
595 ; Brunck, Anal. iii. 81.) These specific terms 
are no doubt of Egyptian origin, having been in- 
troduced among the Hebrews, the Greeks, and 
the Romans, together with the articles of merchan- 
dize to which they were applied. On the same 
principle a cotton pallium is called palla carbasea 
(Prudent Psychom. 186, 187), and a silk shawl is 
denominated pallium Sericum (Stat. Sylv. iii. 4. 
89), and o66yiov2.TipiK6v. (Arrian, Per. Mar. Eryth, 
pp. 164, 170, 173, 177, ed. Blancardi.) 

The following instances of the application of 
pallia to the purposes of common life, show that it 
is an error to translate the word in all cases by 
"' cloak " or " garment," and although in some of 
these cases the application may have been accidental, 
it serves not the less on that account t* demonstrate 
the form and properties of the thing spoken of, 
and the true meaning of the various names by 
which it was called. 

I. They were used to spread over beds and 
couches, and to cover the body during sleep (Ifid- 
tiov, Aelian, V. H. viii. 7, xii. 1 ; Deut. xxiv. 13 ; 
ifiaTiapbs, Thcophrast Cltar. 23 ; cpdpos, Soph. 
Trach. 916, compare 537 ; x^ a ^ a - Theocrit. xviii. 
19, xxiv. 25 ; Horn. Od. xiv. 500 — 521, xviL 
86, 179, xx. 4, 95, 143 ; Hymn, in Ven. 159— 
184 ; x^ av ' l0 ~ Kl0V , Aiciphron, I.e.; pallium, Juv. 
vi. 202 ; Spartian, fludr. 22). In many of these 
cases it is to be observed, that the same pallium 
which was worn as a garment by day served to 
sleep in at night, in exact agreement with the 
practice which to the present day prevails among 
the Bedouin Arabs, who constanth - use their large 
hykes for both purposes. [Lectus ; Lodix ; 
Tapes.] 

II. They were spread on the ground and used 
for carpets. Clitus, the friend of Alexander, when 
he held a levee, appeared walking liri irop<pvpwy 
iuaTiwv. (Athen. xii. p. 539, c.) This was an 
affectation of Eastern luxury. When the people 
at Jerusalem spread their hykes upon the ground 
(as recorded in St Matt xxi. 8 ; St Mark, xi. 8 ; 
St Luke, xix. 36) they intended thereby to recog- 
nise Jesus as a kin?. [Tapes.] 

III. They were hung over doors (Prudent, adv. 
Sym. ii. 726), and used ns awnings or curtains. 
(Athen. xiL p. 518, a.) 

IV. At the bath, persons wiped and nibbed 
themselves not only with linen sheets (linteis), but 
with very soft blankets (pal/iis ex mollissima lana 
factit, Pctron. Hat. 28). The coarse linen cloth 
used for this purpose was called salxmum (adSayay). 

V. Agamemnon (Horn. //. viii. 221) holds in 
his hand "a great purple fSpn " to serve as a 
banner lluatini; in the air. 

VI. Pallia, especially of linen and cotton, were 
used for sails (tpwaouyft, Lvcophron, v. 26 ; \iy6- 
KpoKoy ipipot, Kurip.i/Ac. 1080 ; Horn. Od. v. 258). 

VII. When Antony's ships were on fire, his 
soldiers, having failed to extinguish it by water, 
which they could not obtain in sufficient quantity, 
threw upisa it their thick blankets (Ifidria airrwy 
t& irox«a, Dion Cass. 1. 34). 

VIII. Thick coarse blankets, which bad not 

3 i 2 



852 



PALLIUM. 



PALLIUM. 



been to the fuller (Ip-aria ayvairra, Plut. Symp. 
Probl. vi. 6), were wrapped round ice and snow to 
keep them from melting. 

IX. A fine white blanket was sometimes used 
as a shroud (<pa.pos ratprjioy, Horn. II. xviii. 353 ; 
Od. ii. 94 — 100 ; lp.ti.Ttov, Xen. Cyrop. vii. 3. 
§13). 

X. In Asia, horses and other animals used to 
ride upon, were covered with beautiful pallia, espe- 
cially upon occasions of ceremony or of rejoicing. 
Cyrus had 200 horses covered with striped cloths. 
(Xen. Cyrop. viii. 3. § 16.) When the Persian 
ambassador, a few years ago, went to the levee in 
London, his horses were in like manner covered 
fiaSSwroh i/im-lois. Compare St. Matt. xxi. 7 ; 
St. Mark, xi. 7 ; St. Luke, xix. 35. [Tapes.] 

XI. The newly-born infant was wrapped in a 
blanket (<pdpos, Horn. Hymn, in Apoll. 121). [In- 
cunabula.] 

XII. Lastly, the pallium was the most common 
article of the Aiwerus. [Chlamys.] Hence we 
find it continually mentioned in conjunction with 
the Tunica, which constituted the indutus. Such 
phrases as " coat and waistcoat," or " shoes and 
stockings," are not more common with us than 
such as those which follow, in ancient authors : 
tunica palliumque (Cic. in Verr. v. 52 ; Plaut. 
Epid. v. 2. 61) ; Ifiariov Kal x lT '>> v in the will of 
a certain philosopher (Diog. Laert. v. 72) ; rb 
ifMiTLOv Kal roe x lTWV ' lcrKOV ! <papos r)Se x lT ^ v 
(Horn. //. xxiv. 588, Od. viii. 425) ; x^ vav 
t< 7)Se x i ™ va (Horn. II. ii. 262, Od. iv. 50, 
v. 229, viii. 455, x. 365, 451, xiv. 132, 154, 
320, 341, xv. 330, xvii. 89) ; x* a "k "«1 
Xnavianas. (Antiphanes, ap. Allien, xii. p. 545, 
a.) The following passages also exemplify the 
practice of naming these two articles of dress to- 
gether: A. Gell. vi. 10 ; Plaut. Trin. v. 2. 30 ; 
Athen. v. p. 198, c, d, f ; Theophrast. Char. 21 ;« 
St. Matt. v. 40 ; St John, xix. 23—25. 

But although the pallium and tunica were al- 
ways regarded as essential parts of an entire dress, 
yet each of them might be worn without the other. 
Cases in which the tunic was retained and the 
blanket laid aside, are explained under the article 
Nudus. It is also evident that the pallium would 
not be the most convenient kind of dress when the 
wearer of it had occasion to run ; and we find that 
in such circumstances he either put it away entirely 
(Horn. K ii. 183, Od. xiv. 500) or folded it up 
as a Scottish Highlander folds his plaid, and threw 
it round his neck or over his shoulder. (Plaut. 
Capt. iv. 1. 12, iv. 2. 9 ; Ter. Phor. v. 6. 4.) 
On the other hand, to wear the pallium without 
the under-clothing indicated poverty or severity of 
manners, as in the case of Socrates (Xen. Mem. i. 
6. § 2), Agesilaus (Aelian, V.H. vii. 13), and 
Gelon, king of Syracuse. (Diod. Sic. xi. 26.) 

The pallium was no doubt often folded about 
the body simply with a view to defend it from 
cold, and without any regard to gracefulness of ap- 
pearance. It is thus seen on the persons of Poly- 
nices and Parthenopaeus in the celebrated intaglio, 
now preserved at Berlin, representing five of the 
heroes who fought against Thebes, and copied on 
an enlarged scale in the annexed woodcut. The 
names of the several heroes are placed beside them 
in Etruscan letters. This precious relic was found 
at Perugia. (Winckelmann, Descript. des Pierres 
gravies de Stosch, p. 344 — 347). By a slight 
adaptation, the mode of wearing it was rendered 




both more graceful and more convenient. It was 
first passed over the left shoulder, then drawn be- 
hind the back and under the right arm, leaving it 
bare, and then thrown again over the left shoulder. 
Of this we see an example in a bas-relief engraved 
by Dodwell. (Tour through Greece, vol. i. p. 243.) 
Another very common method was to fasten the 
pallium with a brooch [Fibula] over the right 
shoulder (a/j.<pnrepoi'ao-8at, Horn. II. x. 131 — 136 ; 
Stat. Theb. vii. 658, 659 ; Apul. Flor. ii. 1), leaving 
the right arm at liberty, and to pass the middle 
of it either under the left arm so as to leave that 
arm at liberty also, or over the left shoulder so as 
to cover the left arm. We see Phocion attired in 
the last-mentioned fashion in the admired statue of 
him preserved in the Vatican at Rome. (Mus. Pio- 
Clement. vol. i. tav. 43.) (See woodcut.) The 
attachment of the pallium by means of the brooch 
caused it to depend in a graceful manner (demissa 




ex humeris, Virg. Aen. iv. 263), and contributed 
mainly to the production of those dignified and 
elegant forms which we so much admire in ancient 
sculptures. When a person sat, he often allowed 
his pallium to fall from his shoulder, so as to en- 
velope the lower part of his body only. 

The sagum of the northern nations of Europe 
(see woodcut, p. 213) was a woollen pallium, fas- 



PALLIUM. 



PALUDAMEXTUM. 853 



tened, like that of the Greeks, by means of a 
brooch, or with a large thorn as a substitute for a 
brooch. (Tacit. Germ. 17 ; Strabo, iv. 4. 3.) The 
Gauls wore in summer one which was striped and 
chequered, so as to agree exactly with the plaid 
which still distinguishes their Scottish descendants ; 
in winter it was thick and much more simple in 
colour and pattern. (Diod. Sic. v. 30.) The Greeks 
and Romans also wore different pallia in summer 
and in winter. The thin pallium made for summer 
wear was called KrjSos, dim. \riSdpiov (Aristoph. 
Aves, 713 — 71 7) and aneipov dim. criretp'tov (Horn. 
Od. ii. 102, tL 179 ; Xen. Hist. Gr. iv. 5. § 4) 
in contradistinction from the warm pallium with a 
long nap, which was wom in winter {laena, Mart, 
xiv. 136 ; x^ " 1 "^ Moeris, s. v.; Horn. //. xvi. 224, 
Od. xiv. 529 ; Plut. de Aud. p. 73, cd. Steph. ; 
oxAoicol, Callim. Hymn, in Dian. 1 15). This dis 
tinction in dress was, however, practised only by 
those who could afford it Socrates wore the same 
pallium both in summer and winter. (Xen. Mem. 
L 6. § 2.) 

One kind of blanket was worn by boys, another 
by men (to ■kcuHikov, to avSpewv i/iaTioe, Plut. de 
Aud. init). Women wore this garment as well as 
men. " Phocion's wife," says Aelian ( V. II. vii. 
9)," wore Phocion's pallium : " but Xanthippe, as 
related by the same author (vii. 10), would not 
wear that of her husband Socrates. (See also Horn. 
Od. v. 229, 230, x. 542, 543 ; Plaut. Men. iv. 2. 
36 ; Herod, v. 87.) When the means were not 
wanting, women wore pallia, which were in gene- 
ral smaller, finer, and of more splendid and beauti- 
ful colours than those of men (»>oi/xdria avlpiia, 
Aristoph. Eeclei. 26, 75, 333), although men also 
sometimes displayed their fondness for dress by 
adopting in these respects the female costume. 
Thus Alcibiadcs was distinguished by his purple 
pallium which trailed upon the ground (Plut. Alcib. 
pp. 350, 362, ed. Steph.) ; for a train was one of 
the ornaments of Grecian as well as Oriental dress 
(iVaTiWtA{nr, Plato, Alcib. i. p. 341, ed. Bekker ; 
Ovid. Met. xi. 166 ; Quintil. xi. 3), the general 
rule being that the upper garment should reach the 
knee, but not the ground. (Aelian, V. II. xi. 10 ; 
Thcophrast Char. 4.) 

Philosophers wore a coarse and cheap pallium, 
which from being exposed to much wear was 
called rplSuv and rpiSwviov. (Aristoph. Plut. 897 ; 
Athen. v. p. 21 1, c ; Thcmist Omt. x. p. 155, ed. 
Dindorf ; jyilliastrum, Apul. /■'lurid, i.) The same 
was wom also by poor persons (Isaeus, de Die. 
p. 94, cd. Reiskc ; Polyaen. Strut vii. 35), by the 
Spartans (Athen. xii. p. 535, e ; Aelian, I'. II. vii. 
13), and in a later age by monks and hermits 
(ipoibv rptSiiviov, Syne*. Epist. 147 ; sagum rusii- 
cum, Ilieron. Vita Hilar). These hlankcteere 
(rpi6tavo<pipoi, Palladii, Hint. Isius. in vita , Scrap.) 
often went without a tunic, and they sometimes 
■applied its place by the greater size of their pal- 
lium. It is recorded of the philosopher Antisthenes, 
that 44 he first doubled his pallium " (Diog. Lacrt. 
tL 9, 13), in which contrivance he was followed 
by his brother Cynics ( Uruiick, Ana/, ii. 22 ; llor. 
Epist. i. 7. 25), and especially by Diogenes, who 
a l«. slept and died in it, and who according to 
some was the first inventor of this fashion. (Diog. 
Lac'rt. vi. 22, 77.) The large pallium, thus used, 
was called 4i»Aoji (diploit, Isid. I lisp. Orig. xix. 
24), and also Kxomin, because, being worn with- 
out the fibula, it left the right shoulder bare, as 



seen in the preceding figure of Polynices, and in 
the bas-relief in Dodwell's Tour alreadv referred 
to (Plaut. Mil. iv. 4. 43 ; Aelian, V. H. ix. 34) ; 
and, when a girdle was added round the waist, it 
approached still more to the appearance of the 
single-sleeved tunic, the use of which it superseded. 

Under the Roman republic and the early Em- 
perors, the Toga was wom by men instead of the 
pallium. They were proud of this distinction, and 
therefore considered that to be pallialus or sagalus 
instead of being togatus indicated an affectation of 
Grecian or even barbarian manners. (Graeco pallio 
amictus, Plin. Epist. iv. 11 ; Graeci palliati, ¥\aut. 
Cure. ii. 3. 9 ; Cic. Phil. v. 5, xiv. 1 ; Sueton. 
Jul. 48 ; VaL Max. ii. 6. § 10.) Caecina, on hi3 
return from the north of Europe, offended the 
Romans (togatos) by addressing them in a plaid 
(rersicolore sagulo) and trowsers. [Bkaccae.] 
(Tacit But ii. 20.) [J. Y.] 

PA'LMIPES, L e. pes et palmus, a Roman 
measure of length, equal to a foot and a palm ; or 
a foot and a quarter, or 15 inches, or 20 digits. 
(Plin. H. N. xvii. 20. s. 32 ; Vitruv. v. 6). [P.S.J 

PALMUS, properly the width of the open 
hand, or, more exactly, of the four fingers, was 
used by the Romans for two different measures of 
length, namely, as the translation of the Greek 
TroAaio-TTj, or Sapor in old Greek, and oirtBafi-q 
respectively. In the former sense it is equal to 
4 digits, or 3 inches, or 1 -4th of a foot, or 1-Gth 
of the cubit [Mensvra, p. 751, b.] Jerome (in 
Ezech. 40) expressly states that this was its proper 
meaning, but that the Greek o , 7ri0ajuT) was also 
called by some palmus ; or, for the sake of dis- 
tinction, palma ; in which sense it would be 3-4ths 
of a foot Hence some writers distinguish, in the 
old Roman metrical system, a palmus major of 9 
inches, and a jialmus minor of 3 inches, and they 
suppose that the former is referred to by Varro 
( Ii. P. m. 7). Ideler has, however, shown that 
this supposition is groundless, that Varro refers to 
the common palm of 4 digits (3 inches), and the 
larger palm only occurs in later Roman writers. 
(Ueber die L'dngen und Ftackcnmasse der Allen, 
p. 129). From this large /*i/mus of 9 inches the 
modem Roman palmo is derived. [P. S.] 

PALUDA M K NT U M, according to Varro ( L.L. 

vii. 37 ) and Festus (s. ».), originally signified 
any military decoration ; but the word is always 
used to denote the cloak worn by a Roman general 
commanding an army, his principal officers and 
personal attendants, in contradistinction to the 
sagum [Saoi'.m] of the common soldiers and the 
toga or garb of peace. It was the practice for a 
Roman magistrate after he had received the im pe- 
ri um from the Comitia Curiata and offered up his 
vows in the Capitol, to march out of the city arraved 
in the paludamentum (exire pa/wlatus,C\c. ad /'am. 

viii. 10) attended by liis lictors in similar attire 
(palu//ati» lidnnlius, Liv. xli. 10, xiv. 39), nor 
could he again enter the gates until he- had formally 
divested himself of this emblem of military power, 
a ceremony considered so solemn and so indispens- 
able that even the emperors observed it (Tacit 
llitt. ii. 8!) ; compare Sueton. Vite/I. c. 1 1.) llenco 
Cicero declared that Verres had sinned " contra 
auspicia, contra omnes divinas ct humanas reli- 
giones," because, after leaving the city in his palu- 
damentum (cum pahulntut rxistet), he stole back in 
a litter to visit his mistress. (In Verr. v. 13.) 

The paludamentum was open in front, reached 
3 l 3 



854 PAL UD AMENTUM, 

down to the knees or a little lower, and hung 
loosely over the shoulders, being fastened across 
the chest by a clasp. A foolish controversy has 
arisen among antiquaries with regard to the posi- 
tion of this clasp, some asserting that it rested on 
the right shoulder, others on the left, both parties 
appealing to ancient statues and sculptures in sup- 
port of their several opinions. It is evident from 
the nature of the garment, as represented in the 
annexed illustrations, that the buckle must have 
shifted from place to place according to the move- 
ments of the wearer ; accordingly, in the following 
cut, which contains two figures from Trajan's column, 




one representing an officer, the other the emperor 
with a tunic and fringed paludamentum, we ob- 
serve the clasp on the right shoulder, and this 
would manifestly be its usual position when the 
cloak was not used for warmth, for thus the right 




PAMBOEOTIA. 
hand and arm would be free and unembarrassed ; 
but in the preceding cut, copied from the Raccolta 
Maffei, representing also a Roman emperor, we 
perceive that the clasp is on the left shoulder ; 
while in the cut below, the noble head of a warrior 
from the great Mosaic of Pompeii, we see the 
paludamentum flying back in the charge, and the 
clasp nearly in front. It may be said that the last 
is a Grecian figure ; but this, if true, is of no im- 
portance, since the chlamys and the paludamentum 
were essentially, if not absolutely, the same. Nonius 
Marcellus considers the two terms synonymous, 
and Tacitus (Ann. xii. 56) tells how the splendid 
naumachia exhibited by Claudius was viewed by 
Agrippina dressed cldamyde aurata, while Pliny 
(H. N. xxxiii. 3) and Dion Cassius (lx. 33) in 
narrating the same story use respectively the ex- 
pressions paludamento aurotextili, and x^f 1 ^ 1 
Siaxpicrif. 




The colour of the paludamentum was commonly 
white or purple, and hence it was marked and re- 
membered that Crassus on the morning of the 
fatal battle of Carrhae went forth in a dark-coloured 
mantle. (Val. Max. i. 6. § 11 ; compare Plin. 
H. N. xxii. 1 ; Hirtius, de betto Africano, c. 
57.) [W. R.] 

PALUS, a pole or stake, was used in the mili- 
tary exercises of the Romans. It was stuck into 
the ground, and the tirones had to attack it as if it 
had been a real enemy ; hence this kind of exer- 
cise is sometimes called Palaria. (Veget. i. 11). 
Juvenal (vi. 247) alludes to it when he says, 
" Quis non vidit vulnera pali ? " and Martial (vii. 
32. 8) speaks of it under the name of stipes, " Aut 
nudi stipitis ictus hebes." (Becker, Gallus,\. p.278.) 

PAMBOEO'TIA (iraiiSoidria), a festive pane- 
gyris of all the Boeotians, which the grammarians 
compare with the Panathenaea of the Atticans, 
and the Panionia of the Ionians. The principal 
object of the meeting was the common worship of 
Athena Itonia, who had a temple in the neigh- 
bourhood of Coronea, near which the panegyris 
was held. (Strabo, ix. p. 411 ; Paus. ix. 34. § 1.) 
From Polybius (iv. 3, ix. 34) it appears that during 
this national festival no war was allowed to be 
carried on, and that in case of a war a truce was 
always concluded. This panegyris is also men- 
tioned by Plutarch. (Amat. Narrat. p. 774, f.) 
It is a disputed point whether the Pamboeotia had 
anything to do with the political constitution of 
Boeotia, or with the relation of its several towns 
to Thebes ; but if so, it can have been only pre- 
vious to the time when Thebes had obtained the 
undisputed supremacy in Boeotia. The question 
is discussed in Sainte Croix, Des Gouvernements fe- 
deral, p. 211, &c. ; Raoul-Rochette, Sur la Forme 



PANATHENAEA. 



PANATHENAEA 



855 



et VAdministr. de I'Eiat federatif des Beoliens, in 
the Mem. de VAcad. des Inscript. vol. viii. (1827) 
p. 214, &c. ; Wachsmuth, Hell. Alt. vol. i. p. 176. 
2d edit. [L. S.] 

PANATHENAEA {nava.Miva.ia), the greatest 
and most splendid of the festivals celebrated in 
Attica in honour of Athena, in the character of 
Athena Polias, or the protectress of the city. It 
was said to have been instituted by Erichthonius 
(Harpocrat s. v. Uavadrivaia • Marm. Par. Ep. 10), 
and its original name, until the time of Theseus, 
was believed to have been Athenaea ; but when 
Theseus united all the Atticans into one body, this 
festival, which then became the common festival of 
all Atticans, was called Panathenaea. (Paus. viii. 
2. § 1 ; Plut The*. 24 ; ApoUod. iii. 14. § 6 ; 
Hygin. Poet. Asiron. ii. 13; Suid. s. v. UavaBrivaia.) 
According to this account it would seem as if the 
name of the festival were derived from that of the 
city ; but the original name Athenaea was un- 
doubtedly derived from that of the goddess, and 
the subsequent appellation Panathenaea merely sig- 
nifies the festival of Athena, common to or cele- 
brated by all the Attic tribes conjointly. Pana- 
thenaea are indeed mentioned as having been cele- 
brated previous to the reign of Theseus (Apollod. 
iii. 15. § 7 ; Diod. iv. 60), but these writers 
merely transfer a name common in their own days 
to a time when it was not yet applicable. The 
Panathenaea, which, as far as the character implied 
in the name is concerned, must be regarded as an 
institution of Theseus, were celebrated once in 
every year. (Harpocrat Suid. s. v.) All writers 
who have occasion to speak of this festival agree 
in distinguishing two kinds of Panathenaea, the 
greater and the lesser, and in stating that the 
former was held every fourth year (irtvraeTTipis), 
while the latter was celebrated once in every 
year. Libanius (Anjum. ad Demosth. Mid. p. 510), 
by mistake calls the lesser Panathenaea a rpuTtipis. 

The time, when the lesser Panathenaea (which 
are mostly called Panathenaea, without any epithet, 
while the greater are generally distinguished by 
the adjective ntyaXa) were celebrated, is described 
by Proclus (ad Plat. Tim. p. 26, &c.) in a vague 
manner as following the celebration of the Bendi- 
dcia ; from which Meursius infers that the Pana- 
thenaea were held on the day after the Bendideia, 
that is, on the 20th of Thargelion. Petitus (Isg. 
Alt. \>. 18), on the other hand, has shown from 
Demosthenes (c. Timoerat. p. 708), that the Pana- 
thrnaea must hare fallen in the month of Heca- 
tombaeon, and Corsini (FadtAtl. ii. 357, &c.) 
has further proved from the same passage of De- 
mosthenes, that the festival must have commenced 
before the 20th of this month, and we may add 
that it was probably on the 17th. Clinton (Fust. 
//■//. ii. p. 332, Ate.) has revived the opinion of 
Meursius. (Compare H. A. Mtiller, PamUlirnaica, 
c.3.) 

The great Panathenaea were, according to the 
unanimous account* of the ancients, a pentactcris, 
and were held in the third year of every Olympiad. 
(BBekh, Staahh. ii. p. 165, Acc.) Proclus (ad Plat. 
Tun. p. 9) says that the great Panathenaea were 
held on the 28th of Hecatombaeon. This stair, 
mcnt, however, must not lead us to suppose that 
the (treat Panathenaea only lasted for one day ; 
but Proclus in mentioning this particular day was 
pnbah]y thinking of the most solemn day of the 
festival on which the great procession took place 



(Thucyd. vi. 56), and which was in all probability 
the last day of the festival, for it is erpressly stated 
that the festival lasted for several days. (Schol. ad 
Eurip. Hecub. 464 ; Aristid. Panath. p. 147.) We 
have, moreover, every reason to suppose with 
Bockh, that the great Panathenaea took place on 
the same days of the month of Hecatombaeon, on 
which the lesser Panathenaea were held, and that 
the latter were not celebrated at all in those years 
in which the former felL Now if, as we have 
supposed, the lesser Panathenaea commenced on 
the 17th, and the last day of the greater festival 
fell on the 28th of Hecatombaeon, we may perhaps 
be justified in believing that the lesser as well as 
the greater Panathenaea lasted for twelve days, 
that is, from the 17th to the 28th of Hecatom- 
baeon. This time is not too long, if we consider 
that the ancients themselves call the Panathenaea 
the longest of all festivals (Schol. ad Aristoph. Nub. 
385), and if we bear in mind the great variety of 
games and ceremonies that took place during the 
season. When the distinction between the greater 
and lesser Panathenaea was introduced, is not cer- 
tain, but the former are not mentioned before 01. 
66. 3 (Thucyd. vi. 56, i. 20 ; Herod, v. 56), and 
it may therefore be supposed that they were in- 
stituted a short time before 01. 66, perhaps by 
Peisistratus, for about his time certain innovations 
were made in the celebration of the Panathenaea, 
as is mentioned below. The principal difference 
between the two festivals was, that the greater 
one was more solemn, and that on this occasion 
the peplus of Athena was carried to her temple in 
a most magnificent procession which was not held 
at the lesser Panathenaea. 

The solemnities, games, and amusements of the 
Panathenaea were: rich sacrifices of bulls, foot, 
horse, and chariot races, gymnastic and musical 
contests, and the lampadephoria ; rhapsodists re- 
cited the poems of Homer and other epic poets, 
philosophers disputed, cock-fights were exhibited, 
and the people indulged in a variety of other 
amusements and entertainments. It is, however, 
not to be supposed that all these solemnities 
and games took place at the Panathenaea from 
the earliest times. Gymnastic contests, horse and 
chariot races and sacrifices are mentioned in the 
legends belonging to the period anterior to the 
reign of Theseus. (Apollod. and Diod. //. cc. ; 
Plut. T/ies. 24.) The prize in these contests was 
a vase with some oil from the ancient and sacred 
olive tree of Athena on the Acropolis. (Pind. Nan. 
x. 35, &c. ; Schol. ad Soph. Oed. Col. 698.) A 
great many of such vases, called Panathenaic vases 
(afiipoptis WavaOrnvaiKoi, Athen. v. p. 1!'!'), have in 
late years been found in Etruria, southern Italy, 
Sicily, and Greece. They represent on one side 
the figure of Athena, and on the other the various 
contests and games in which these vases were 
given as prizes to the victors. The contests them- 
selves have been accurately described from these 
vases by Ambrosch (Annul, drll' Instil. 1888. p. 64 
— 89 ), and the probable order in which they took 
place has been defined by Mtiller (/. c. p. 80, Ate). 

The poems of Homer were rend by rhapsodists 
only at the great l'aiiathennea (I.ycurg. r. Leocrut. 
p. 161), and this custom commenced in the time of 
Pisistratus or of his son Hipparchus, after these 
poems had been collected. Afterwards the works 
of other epic poet* also wi re recited on this occa- 
sion. (Plat. HqnmL p.220,b; Aclian, V. II. 
3 i I 



856 PANATHENAEA. 



PANATHENAEA. 



viii. 2.) Songs in praise of Hannodius and Aris- 
togiton appear to have been among the standing 
customs at the Panathenaea. Musical contests in 
singing and in playing the flute and the cithara 
were not introduced until the time of Pericles ; 
they were held in the Odeum. (Pint. Pericl. 
13.) The first who gained the victory in these 
contests was Phrynis, in 01. 81. 1. (Schol. ad 
Aristoph. Nub. 971 ; Marm. Par. Ep. 64.) The 
prize for the victors in the musical contests was, 
as in the gymnastic contests, a vase, but with 
an additional chaplet of olive branches. (Suid. 
s. v. UauaBrivaLa.) Cj'clic choruses and other kinds 
of dances were also performed at the Panathenaea 
(Lys. de Muner. accept, p. 161), and the pyrrhic 
dance in armour is expressly mentioned. (Aris- 
toph. Nub. 988, with the Schol.) Of the dis- 
cussions of philosophers and orators at the Pana- 
thenaea we still possess two specimens, the kdyos 
TlavaO-qvamSs of Isocrates, and that of Aristides. 
Herodotus is said to have recited his history to the 
Athenians at the Panathenaea. The management 
of the games and contests was entrusted to persons 
called adkoBirai, whose number was ten, one being 
taken from every tribe. Their office lasted from 
one great Panathenaic festival to the other. (Pol- 
lux, viii. 8. 6.) It was formerly believed, on the 
statement of Diogenes Laertius (iii. 56 ; compare 
Suidas, s. v. TerpaKoy'ia), that dramatic represent- 
ations also took place at the Panathenaea, but this 
mistake has been clearly refuted by Bbckh. (Graec. 
Trap. Princip. p. 207.) 

The lampadephoria or torch-race of the Pana- 
thenaea has been confounded by many writers, and 
even by Wachsmuth {Hell. Alt. ii. 2. p. 246 ; 
ii. p. 573, 2d ed.), with that of the Bendideia. 
On what day it was held, and in what relation 
it stood to the other contests, is unknown, though 
it is clear that it must have taken place in the 
evening. It has been supposed by some writers 
that the lampadephoria took place only at the 
great Panathenaea, but this rests upon the feeble 
testimony of Libanius (Argwm. ad Demosth. Mid. 
p. 510), while all other writers who mention 
this lampadephoria, speak of it as a part of the 
Panathenaea in general, without the epithet 
fieyd\a, which is itself a sufficient proof that it 
was common to both festivals. The same is implied 
in a statement of the author of the Etymologicum 
Magnum (s. v. Kepa/ueiKd's). The prize of the 
victor in the lampadephoria was probably the 
lampas itself, which he dedicated to Hermes. 
(Bbckh, Corp. Inscript. i. n. 243, 250.) 

It is impossible to determine the exact order in 
which the solemnities took place. We may, how- 
ever, believe that those parts which were the most 
ancient preceded those which were of later intro- 
duction. Another assistance in this respect are the 
sculptures of the Parthenon (now in the British 
Museum), in which a series of the solemnities of 
the Panathenaea is represented in the great pro- 
cession. But they neither represent all the so- 
lemnities — for the lampadephoria and the gym- 
nastic contests are not represented — nor can it 
be supposed that the artists should have sacrificed 
beauty and symmetry merely to give the solemnities 
in precisely the same order as they succeeded one 
another at the festival. In fact we see in these 
sculptures the flute and cithara players represented 
as preceding the chariots and men on horseback, 
though the contests in chariot and horse racing 



probably preceded the musical contests. But we 
may infer from the analogy of other great festivals 
that the solemnities commenced with sacrifices. 
The sacrifices at the Panathenaea were very muni- 
ficent ; for each town of Attica, as well as every 
colony of Athens, and, during the time of her great- 
ness, every subject town, had to contribute to this 
sacrifice by sending one bull each. (Schol. Aristoph. 
Nub. 385.) The meat of the victims appears to 
have been distributed among the people ; but 
before the feasting commenced, the public herald 
prayed for the welfare and prosperity of the re- 
public. After the battle of Marathon the Plataeans 
were included in this prayer. (Herod, vi. 111.) 

The chief solemnity of the great Panathenaea 
was the magnificent procession to the temple of 
Athena Polias, which, as stated above, probably 
took place on the last day of the festive season. 
The opinion of Creuzer (Symbol, ii. p. 810) that 
this procession also took place at the lesser Pana- 
thenaea, is opposed to all ancient authorities with 
the exception of the Scholiasts on Plato (Republ. 
init.) and on Aristophanes (Equit. 566), and these 
scholiasts are evidently in utter confusion about 
the whole matter. The whole of this procession is 
represented in the frieze of the Parthenon, the 
work of Phidias and his disciples. The description 
and explanation of this magnificent work of art, 
and of the procession it represents, would lead us 
too far. (See Stuart, Antiq. of Athens, vol. ii. ; 
Leake, Topogr. of Athens, p. 215, &c. ; C. O. 
Miiller, Ancient Art and its Rem. § 118 ; H. A. 
Miiller, Panath. p. 98, &c.) The chief object of 
this procession was to carry the peplus of the god- 
dess to her temple. It was a crocus-coloured 
garment for the goddess, and made by maidens, 
called epyaar'ivai. (Hesych. s. v. • compare Ar- 
rhephoria.) In it were woven Enceladus and the 
giants, as they were conquered by the goddess. 
(Eurip. Hecub. 466 ; Schol. ad Aristoph. Equit. 
566 ; Suid. s. v. HeirXos ; Virg. dir. 29, &c. ; 
compare Plat. Euthyd. p. 6.) Proclus (ad Plat. 
Tim.) says that the figures on the peplus repre- 
sented the Olympic gods conquering the giants, 
and this indeed is the subject represented on a 
peplus worn by an Athena preserved in the Mu- 
seum of Dresden. On one occasion in later times, 
when the Athenians overwhelmed Demetrius and 
Antigonus with their flatteries, they also decreed 
that their images, along with those of the gods, 
should be woven into the peplus. (Plut. Demetr. 
10.) The peplus was not carried to the temple by 
men but was suspwded from the mast of a ship 
(Schol. Horn. II. v. 734 ; Philostr. Vit. Soph. i. 5. 
p. 550 ; compare Bbckh, Graec. Trag. Princ. p. 1 93 ; 
Schol. ad Aristoph. Paoc, 418) ; and this ship, 
which was at other times kept near the Areiopagus 
(Paus. i. 29. § 1), was moved along on land, it is 
said, by sul>terrancous machines. What these ma- 
chines may have been is involved in utter obscurity. 
The procession proceeded from the Cerameicus, near 
a monument called Leocorium (Thucyd. i. 20), to 
the temple of Demeter at Eleusis, and thence along 
the Pelasgic wall and the temple of Apollo Pythius 
to the Pnyx, and thence to the Acropolis, where 
the statue of Minerva Polias was adorned with the 
peplus. 

In this procession nearly the whole population 
of Attica appears to have taken part, either on foot, 
on horseback, or in chariots, as may be seen in the 
frieze of the Parthenon. Aged men carried olive 



PANCRATIUM. 

branches, and were called SaWotp6poi (Etym. Iff. 
and Hesych. s. c.) ; young men attended, at least 
in earlier times, in armour (Thucyd. vi. 56), and 
maidens who belonged to the noblest families of 
Athens carried baskets, containing offerings for the 
goddess, whence they were called Kam](p6pot. (Har- 
pocrat. s. c. KavT)<p6pos ■ compare Thucyd. /. c.) 
Respecting the part which aliens took in this pro- 
cession, and the duties they had to perform, see 
Hyoriaphoria. 

Men who had deserved well of the republic were 
rewarded with a gold crown at the great Pana- 
thenaea, and the herald had to announce the event 
during the gymnastic contests. (DemostL de Coron. 
p. 265 ; compare Meurs. Panath. p. 43.) Prisoners 
also were allowed to enjoy freedom during the 
great Panathenaea. (Ulpian, ad Demosth.c. Timo- 
crat. p. 740 j compare Demosth. de Fals. Leg. 
p. 394.) 

(Compare J. Meursii, Panathenaea, Wter singu- 
laris, Lugd. Bat. 1619 ; C. Hoffmann, Panathe- 
naikos, Cassel, 1835, 8vo. ; H. A. Miiller, Pa- 
nat/ienaica, Bonn, 1837, 8vo. ; C. 0. Miiller's 
Dissertation, Quo anni tempore Panathenaea minora 
eelehraia tint, which is reprinted in the Philological 
Museum, vol. ii. pp. 227—235.) [L. S.] 

PANCRATIASTAE. [Pancratium.] 

PANCRATIUM (trayKpariov) is composed of 
trav and (cparot, and accordingly signifies an 
athletic game, in which all the powers of the 
fighter were called into action. The pancratium 
was one of the games or gymnastic contests which 
were exhibited at all the great festivals of Greece; 
it consisted of boxing and wrestline (irvy/iT) and 
toAtj), and was reckoned to be one of the heavy or 
hard exercises ( iyoifio-fiaTa /Sape'a or Papirrtpa), 
on account of the violent exertions it required, and 
for this reason it was not much practised in the 
gymnasia ; and where it was practised, it was pro- 
bably not without modifications to render it easier 
for the boys. According to the ancient physicians 
it had very rarely a beneficial influence upon health. 
(II. Mercurial. De Art. Gymnast, v. 7.) 

At Sparta the regular pancratium was forbidden, 
but the name waa there applied to a fierce and 
irregular fight not controlled by any rules, in which 
even biting and scratching were not uncommon, 
and in which, in short, everything was allowed by 
which one of the parties might hope to overcome 
the other. In Homer we neither find the game 
nor the name of the pancratium mentioned, and as 
it was not introduced at the Olympic games until 
01. 33 (Paus. v. 8. § 3), we may presume that the 
game, though it may have existed long before in a 
rude state, was not brought to any degree of per- 
fection until a short time before that event It is 
scarcely possible to speak of an inventor of the 
pancratium, as it must have gradually arisen out of 
a nidi- mode of fighting, which is customary among 
all uncivilized nations, and which was kept up at 
Sparta in its original state. But the Greeks re- 
garded Theseus as the inventor of the pancratium, 
who for want of a sword was said to have used 
this mode of fighting against the Minotaurus. 
(Schol. ad I'ind. A'em. v. 89.) Other legends re- 
presented Heracles as having been victor in the 
pancratium ( Paus. v. 8. § 1 ; Hygin. Pali. 273), 
and later writers make other heroes also fight the 
pancratium (Lacan, PhartaL iv. 613, tic.) ; but 
these arc mere fictions. After the pancratium was 
once introduced at Olympia, it soon found its way 



PANCRATIUM. 857 

also into the other great games of Greece, and in 
the time3 of the Roman emperors we also find it 
practised in Italy. In 01. 145 the pancratium for 
boys was introduced at the Olympic games, and 
the first boy who gained the victory was Phaedimus, 
a native of a town in Troas. (Paus. v. 8, in fin.) 
This innovation had been adopted before in others 
of the national games, and in the 61st Pythiad (01. 
108), we find a Theban boy of the name of Olaides 
as victor in the pancratium in the Pythian games. 
(Paus. x. 7. § 3.) At the Isthmian games the 
pancratium for boys is not mentioned till the reign 
of Domitian (Corsini, Dissert. Agon. p. 101) ; but 
this may be merely accidental, and the game may 
have been practised long before that time. 

Philostratus (Imag. ii. 6) says that the pancra- 
tium of men was the most beautiful of all athletic 
contests ; and the combatants must certainly have 
shown to the spectators a variety of beautiful and 
exciting spectacles, as all the arts of boxing and 
wrestling appeared here united. (Aristot. Rhet. i. 
5 ; Plut. Sympos. ii. p. 638, c) The combatants 
in the pancratium did not use the cestus, or if 
they did, it was the fyiavTer fia\aKUT(poi [Ces- 
tl's], so that the hands remained free, and wounds 
were not easily inflicted. 

The name of these combatants was pancratiastae 
(irayKpaTtaaTai) or ird/jLfiaxot. (Pollux iiL 30. 5.) 
They fought naked, and had their bodies anointed 
and covered with sand, by which they were en- 
abled to take hold of one another. ( Philostr. I. c. ; 
Aristoph. Pax, 848.) In cases where the contests 
of the pancratiastae were not regulated by strict 
rules, it might, as at Sparta, sometimes happen, 
that the fighters made use of their teeth and nails 
(Philostr. /. c. ; Lucian, Demonax, c 49 ; Plut. 
Lac. Aptjphth. p. 234, d.) ; but such irregularities 
probably did not occur at any of the great public 
games. 

When two pancratiastae began their contest, 
the first object which each of them endeavoured 
to accomplish, was to gain a favourable posi- 
tion, each trying to make the other stand so that 
the sun might shine in his face, or that other 
inconveniences might prevent his fighting with 
success. This struggle (iyuv irtpl ttji cro/reait, 
Aeschin. c. Ctesiph. p. 83, ed. Steph.) was only the 
introduction to the real contest, though in certain 
cases this preparatory struggle might terminate the 
whole game, as one of the parties might wear out 
the other by a series of stratagems, and compel 
him to give up further resistance. Sostratus of 
Sicyon had gained many a victory by such tricks. 
(Paus. vi. 4. § 1.) When the real contest began, 
each of the fighters might commence by boxing or 
by wrestling, accordingly as he thought he should bo 
more successful in the one than in the other. Tho 
victory was not decided until one of the parties 
was killed, or lifted up a finger, thereby declaring 
that he was unable to continue the contest either 
from pain or fatigue. (Faber, Agonist, i. 8.) It 
usually happened that one of the combatants, bv 
some trick or other, made his antagonist fall to tho 
ground, and the wrestline, which then commenced, 
was called avaKKivoirdAn, and continued until ono 
of the parties declared himself conquered or was 
strangled, as was the case at Olympia with Arrhi- 
chion or Arrachion of Phigalia, in 01. 54. (Paus. 
viii. 40. §l,&c; Euseb. Chron. p. 150, Scalig.) 
A lively description of a struggle of this kind it 
given by Pbilostrattu (/. c.). Sometime* ono of 



858 PANDECTAE. 
the fighters fell down on his back on purpose that 
he might thus ward off the attacks of his antago- 
nist more easily, and this is perhaps the trick called 
virTiaafiSs. The usual mode of making a person 
fall was to put one foot behind his, and then to 
push him backward, or to seize him round his 
body in such a manner that the upper part being 
the heavier the person lost his balance and fell. 
Hence the expressions fiiaov XafiSavew, /xecroAa- 
6eie, fiicrou cupeic, to. fxeaa ex 6 "% nyowv 
o-irqv, &c. (Scalig. ad JEuseb. Chron. p. 48.) The 
annexed woodcut represents two pairs of Pan- 

J) 




cratiastae ; the one on the right hand is an ex- 
ample of the avaK\ivowd\7i, and that on the 
left of the jj.eo-oXa.gtiv. They are taken from 
Krause's Gymnastik und Agonistik d. Hellen. Taf. 
xxi. b. Fig. 35, b. 31, b., where they are copied 
respectively from Grivaud, Rec. d. Mon. Ant. 
vol. i. pi. 20, 21, and Krause, Signorum vet. ieones, 
tab. 10. 

At Rome the pancratium is first mentioned in 
the games which Caligula gave to the people. (Dion 
Cass. lix. 13.) After this time it seems to have 
become extremely popular, and Justinian (Novell. 
cv. c. 1, provided na-yKapitov be, as some suppose, 
a mistake for irayKpariov) made it one of the seven 
solemnities (irp6ob~oi) which the consuls had to 
provide for the amusement of the people. 

Several of the Greek pancratiastae have been 
immortalised in the epinician odes of Pindar, 
namely Timodemus of Athens (Nem. ii.), Melissus 
and Strepsiades of Thebes (Isth. iii. and vi.), Aris- 
toclides, Cleanderand Phylacides of Aegina (Nem. 
iii., Isth. iv. v. and vi.), and a boy Pytheas of 
Aegina. (Nem. v.) But besides these the names 
of a great many other victors in the pancratium are 
known. (Compare Fellows, Discoveries in Lycia, 
p. 313, Lond. 1841.) 

The diet and training of the pancratiastae was 
the same as that of other Athletae. [Athletae.J 

(Compare Hieron. Mercurialis, de Arte Gymnas- 
tiea ; J. H. Krause, Die Gymnastik und Agonistik 
der Hellenen, vol. i. pp. 534 — 556.) [L. S.] 

PANDECTAE or DIGESTA. In the last 
month of the year a. d. 530, Justinian by a Con- 
stitution addressed to Tribonian empowered him 
to name a commission for the purpose of forming a 
Code out of the writings of those Jurists who had 
enjoyed the Jus Respondendi, or, as it is expressed 
by the Emperor, " antiquorum prudentium quibus 
auctoritatem conscribendarum interpretandarumque 
legum sacratissimi principes praebuerunt." The 
compilation however comprises extracts from some 
writers of the Republican period (Const. Deo 
Auctore), and from Arcadius Charisma and Her- 



PANDECTAE. 
mogenianus. Ten years were allowed for the com- 
pletion of the work. The instructions of the 
Emperor were, to select what was useful, to omit 
what was antiquated or superfluous, to avoid un- 
necessary repetitions, to get rid of contradictions, 
and to make such other changes as should produce 
out of the mass of ancient Juristical writings a 
useful and complete body of law (jus antiquum). 
The compilation was to be distributed into Fifty 
Books and the Books were to be subdivided into 
Titles (Tituli). The work was to be named 
Digesta, a Latin term indicating an arrangement 
of materials, or Pandectae, a Greek word express- 
ive of the comprehensiveness of the work. The 
name Digesta had been already used by Salvius 
Julianus for the title of his chief work. The term 
Pandectae had also been applied to compilations 
which contained various kinds of matter. (A. Gell. 
Praef.) It was also declared that no commen- 
taries should be written on this compilation, but 
permission was given to make Paratitla or references 
to parallel passages with a short statement of their 
contents. (Const. Deo Auctore, s. 12.) It was 
also declared that abbreviations (sigla) should not 
be used in forming the text of the Digest. The 
work was completed in three years (17 Cal. Jan. 
533) as appears by a Constitution both in Greek 
and Latin which confirmed the work and gave to 
it legal authority. (Const. Tanta, &c, and AeS&iycev.) 

Besides Tribonian, who had the general conduct 
of the undertaking, sixteen other persons are men- 
tioned as having been employed on the work, 
among whom were the Professors Dorotheus and 
Anatolius, who for that purpose had been invited 
from the law-school of Berytus, and Theophilu3 
and Cratinus who resided at Constantinople. The 
compilers made use of about two thousand different 
treatises, which contained above 3,000,000 lines 
(versus, gt'ixoi), but the amount retained in the 
compilation was only 150,000 lines. Tribonian 
procured this large collection of treatises, many of 
which had entirely fallen into oblivion, and a list 
of them was prefixed to the work, pursuant to the 
instructions of Justinian. (Const. Tanta, &c. s. 16.) 
Such a list is at present only found in the Floren- 
tine MS. of the Digest, but it is far from being 
accurate. Still it is probably the Index mentioned 
in the Constitution, Tanta, &c. (Puchta, Bemer- 
kungen ueher den Index Florentinus, in Rhein. Mus. 
vol. iii. pp. 365—370.) 

The work is thus distributed into Fifty Books, 
which, with the exception of three books, are sub- 
divided into Titles, of which there are said to be 
422. The books 30, 31,32, are not divided into 
Titles, but have one common Title, De Legatis et 
Fideicommissis ; and the first Title of the 45th 
book, De Verborum Obligationibus, is really divided 
into three parts, though they have not separate 
Rubricae. Under each Title are placed the ex- 
tracts from the several jurists, numbered 1, 2, 3, 
and so on, with the writer's name and the name 
and division of the work from which the extract is 
made. These extracts are said to amount to 9123. 
No name, corresponding to Liber or Titulus, is 
given to these subdivisions of Tituli which are 
formed by the extracts from the several writers, 
but Justinian (Const. Tanta, &c. s. 7) has called 
them "leges," and though not "laws " in the strict 
sense of the term, they were in fact "law ;" and 
in the same sense the Emperor calls the jurists 
" legislatores." (Const. Tanta, &c. s. 16.) The Fifty 




PANDECTAE. 

Books differ materially both in bulk, number of 
titles, and number of extracts. The Glossatores 
and their followers, in referring to the Digest, some- 
times indicate the work by P, p, or n, and some- 
times by D or ff, which according to some writers 
represents D, and according to others represents n. 
The oldest printed English work in which the 
Digest is cited is Bracton's Treatise on tlte Law of 
England, and his mode of citation is that of the 1 
Glossatores. f Two Discourses by G. Long, London, 
1847, p. 107.) 

There was also a division of the whole Fifty 
Books into Seven larger masses, called Partes, 
which corresponded to the seven main divisions of 
the works on the Edict, and had also a special 
reference to the course of instruction then estab- 
lished. Thus the first Pars comprises Four Books, 
the second Pars comprises seven Books, and so on. 
(Const. Tanta, &.C. 8. 2. " Igitur prima quidem 
pars," &.c.) 

The number of writers from whose works ex- 
tracts were made is thirty-nine, comprehending 
those Jurists from whom extracts were made at 
second hand, as Q. Mucius Scacvola, the Pontifex, 
from whom four fragments, and Aclius Gallus 
from whom one fragment is taken ; but omitting 
Servius Sulpicius Kufus, who is represented by 
Alfenus, distinguishing Aelius Gallus from Julius 
Aquila, Venuleius from Claudius Satuminus ; as- 
suming that there is only one Pomponius, and 
omitting Sabinus whose name is erroneously in- 
serted in the Florentine Index. (Zimmern, Ges- 
chichte des Horn. Priratrcchts, p. 224.) 

The following is the list of Jurists from whose 
writings the Digest was constructed, as it is given 
in the Palingenesia of Hommelius, who has ar- 
ranged the matter taken from each writer under 
his name, and placed the names in alphabetical 
order. The dates of the Jurists are chiefly founded 
on the authority of Zimmern. The figures in the 
third column indicate the proportions contributed 
to the Digest by each Jurist, estimated in the 
pages of Hommelius : (a) denotes that the contri- 
bution is under one page of the Palingenesia. 
This list includes Sabinus. The extracts from 
many of the writers are few and short : those from 
Ulpian are more than a third of the whole ; and 
next to these the extracts from Paulus, Papinian, 
Julianus, Pomponius, Q. Ccrvidius Scacvola, and 
Gaius, arc the largest. 



Sextus Caecilius Africanus . Hadrian and the 
Antonini . 24 
Alfenus Varus, a pupil of 
Servius Sulpi- 
cius Kufus and 
contemporary 
with Cicero 9 
Furiui Anthianus . Unknown . . (a) 

Julius A'/ui/'t . . perhaps about the 

time of Sep. 
Scvcrus . . (a) 
Aurclius Arcadius Charisius, Constan- 

tino the Great 2£ 
Cutiistraiu* Coracalla . .174; 
Juvcntius Celsus . . . Domitian and 

Hadrian . 23 
plormtinus Alex. Scvi-rus 4 
Gaius . . . Hadrian and tho 
Antonini . 72 



PANDECTAE. 



859 



C. Aelius* 

Claudius 

Priscus 

Salvius 

M. Antistius 
Aemilius 
Lucius Volusius 
Lucius Ulpius 
Aclius 

Junius 
Rutilius 
Arrius 
Herennius 

Quintus 



Gallus 



Priscus 

Lucius Aemilius 

Justus 
Julius 

Licinius? 

Licinius 

Massurius 

Claudius 

Qu. Ccrvidius 

Pate rn us 

Clemens 



a contemporary 
of Cicero . (a) 
Ilcrmogcniunus, Constantine 

the Great . 94- 
Javolenus . Nerva and Ha- 
drian . . . 23£ 
Julianus . . a pupil of Javo- 
lenus ... 90 
Laheo . . . Augustus . .12 
Mucer . . . Alex. Severus . 1 
Maecianus Antoninus Pius 8 
Marcellus . The Antonini . 32J- 
Marciunus Caracalla and 

Alex. Severus 38 
Mauricianus Antoninus Pius 1£ 
Afaximus . Unknown . . (o) 
Afenander . Caracalla . . 3 
Modestinus a pupil of D. 

Ulpianus . 41 J 
Mucius Scaevola, Pontifex 
Maximus, con- 
sul b. c. 95 . 1 
Neraiius . Trajan . . .10 
Pupinianus S. Severus and 
Caracalla 104 
M. Aurelius . 2\ 
Alex. Severus 297 
Antoninus Pius 80 



Papirius . 
Paulus . . 
Pomponius 
Proadus . . 
Uufinus . . 
Sabinus . . 
Salurninus 
Scaevola . . 



Q. Sep. Florens 
Claudius 

Salvius Abumus Valens 



Otho? ... 6 
Caracalla . . ]£ 
Tiberius . . 1 \ 
The Antonini . 1 
The Antonini . 78£ 
Tarrcntenus Commodus . . (a) 
Terentius . Hadrian and the 

Antonini . 3£ 
Tertullianus S. Severus and 

Caracalla . 1 \ 
Tryjihoninus S. Severus and 
Caracalla . 22 
Hadrian and An- 
toninus Pius 3 
The Antonini . 10 



Domitius 



Venuleius 
Ulpianus 



S. Severus and 
Alex. Severus C10 

It follows from the instructions of the Emperor 
and the plan of the work that the extracts from 
the Jurists are not always given in their exact 
words. It is probable that many short passages 
were interpolated, or altered, as a matter of neces- 
sity, though there seems to be no reason for sup- 
posing that these changes were carried farther than 
the nature of the case required. Still there is no 
doubt that the changes arc such that the extracts 
from the old Jurists cannot be used for many pur- 
poses without some caution and judgment. 

The distribution of the matter of the DigcBt into 
Rooks and Titles has evidently been made accord- 
ing to a plan, as will be obvious on inspecting the 
lint of Tituli prefixed to the editions. Thus the 
28th book treats of testaments, of tho institution 
of a hcrcs, &c, and the 29th of military testaments, 
and of codicils, ice. ; in fnctof matters appertaining 
to universal succession by testament : the 30ih, 
31st, and 32d books treat of legacies and fiducinry 

* He must not be confounded with C. Aquilius 
Gallus, one of the masters of Servius Sulpicius, 
from whom there is no extract in the Digest. 



860 



PANDECTAE. 



PANDECTAE. 



bequests. There is a method of arrangement 
therefore so far as generally to bring things of the 
same kind together, but the compilation has no 
claims to being considered as a scientific arrange- 
ment of the matter of law. And indeed the com- 
pilers were evidently fettered in this respect by 
the Emperor's instructions, which required them to 
arrange (digerere) the whole body of the law com- 
prised in the Digest, according to the Code and 
the Edictum Perpetuum. 

It has long been a matter of dispute whether 
the compilers of the Digest were guided by any, 
and if any, by what principle in the arrangement 
of the several extracts under the respective Titles. 
This subject is examined in a very learned essay 
by Bluhme, entitled " Die Ordnung der Fragmente 
in den Pandektentiteln." (Zeitschrift, vol. iv.) The 
investigation is of course founded on the titles of the 
several works of the Jurists, which as already ob- 
served are given at the head of each extract : thus, 
for instance, in the beginning of the 3d book, the 
first seven extracts are headed as follows : " Ulpi- 
anus Libro sexagesimo quarto ad Edictum ; 
" Idem Libro primo Fideicommissorum ; " " Idem 
Libro quarto ad Sabinum ; " " Idem Libro quinto 
ad Sabinum ;" " Paulus Libro primo ad Sabinum ; " 
" Julianus Libro trigesimo tertio Digestorum ; " 
" Paulus Libro secundo ad Sabinum." These will 
serve as samples of the whole and will explain 
the following remarks from Bluhme, whose con- 
clusions are these : " The compilers separated all 
the writings from which extracts were to be made, 
into three parts, and formed themselves into three 
committees. Each committee read through in order 
the books that had fallen to its lot, yet so that 
books which were closely related as to their con- 
tents, were extracted at the same time. The books 
were compared with the Code of Justinian, and 
what was selected for the new compilation, was 
placed under a Title taken either from the Code, 
the Edict, or in case of necessity from the work 
itself which was extracted. What came under the 
same title was compared ; repetitions were erased, 
contradictions were got rid of, and alterations were 
made, when the contents of the extracts seemed to 
require it. When the three committees had finished 
their labours, the present Digest was formed out of 
the three collections of extracts. In order to ac- 
complish this, they made that collection the founda- 
tion of each Title which contained the most 
numerous or at least the longest extracts. With 
these they compared the smaller collections, strik- 
ing out, as they had done before, repetitions and 
contradictions, making the necessary additions, and 
giving more exact definitions and general princi- 
ples. What remained over of the smaller collections 
without having had an appropriate place assigned 
to it, was placed after the first collection, and its 
place in the series after the first collection was 
generally determined by the number of extracts." 

" The Digest does not seem to have been sub- 
jected to any further revision." 

Bluhme remarks that, although the Constitutions, 
Deo A tictore, Imperatoriam, Tanta, and Cordi, con- 
tain much information on the economy of the 
Digest and the mode of proceeding of the compilers, 
only the two following facts are distinctly stated : 
1. That the extracts from the writings of the 
Jurists were arranged according to the titles of the 
Code and the Edict. 2. That the extracts were 
compared with the Code. Accordingly everything 



else must be proved from an examination of the 
work itself, and this is the object of Bluhme's 
laborious essay. He observes that if a person will 
examine the extracts in the titles De Verborum 
Significatione and De Regulis Juris (SO. tit. 16, 17) 
he will find a regular order observable in the titles 
of the juristical works from which the extracts are 
taken. Generally, the series of the books quoted 
shows that the original order of the works from 
which the extracts were to be made, has not been 
altered ; and the several works generally follow in 
both these titles in the same order. A similar re- 
mark applies to the title De Verborum Obliga- 
tionibus (Dig. 45. tit. 1), though there is a varia- 
tion in all the three titles as to the relative order 
of the three masses, which are presently to be 
mentioned. " In the remaining titles of the Di- 
gest," adds Bluhme, " at first sight it appears as 
if one could find no other distinction in the titles 
of the extracts than this, that one part of them has 
a certain kind of connection, and another part 
merely indicates a motley assemblage of books out 
of which the extracts have been made. But on a 
closer comparison not only are three masses clearly 
distinguishable, but this comparison leads to the 
certain conclusion, that all the writings which were 
used in the compilation of the Digest, may be re- 
ferred to three classes. The Commentaries on Sa- 
binus (Ad Sabinum), on the Edict (Ad Edictum), 
and Papinian's writings are at the head of these 
three classes. We may accordingly denote these 
three masses respectively by the names Sabinian, 
the Edict, and Papinian. In each of these classes 
the several works from which extracts are made, 
always follow in regular order." This order is 
shown by a table which Bluhme has inserted in 
his essay. 

This article, if read in connection with the arti- 
cles Codex and Institutiones, will give some 
general notion of the Legislation of Justinian, the 
objects of which cannot be expressed better than 
in the following words : — 

" Justinian's plan embraced two principal works, 
one of which was to be a selection from the Jurists 
and the other from the Constitutiones. The first, 
the Pandect, was very appropriately intended to 
contain the foundation of the law : it was the first 
work since the date of the Twelve Tables, which in 
itself and without supposing the existence of any 
other, might serve as a central point of the whole 
body of the law. It may be properly called a Code, 
and the first complete Code since the time of the 
Twelve Tables, though a large part of its contents 
is not Law, but consists of Dogmatic and the in- 
vestigation of particular cases. Instead of the in- 
sufficient rules of Valentinian III., the excerpts in 
the Pandect are taken immediately from the writ- 
ings of the Jurists in great numbers, and arranged 
according to their matter. The Code also has a 
more comprehensive plan than the earlier codes, 
since it comprises both Rescripts and Edicts. These 
two works, the Pandect and the Code, ought pro- 
perly to be considered as the completion of Jus- 
tinian's design. The Institutiones cannot be viewed 
as a third work, independent of both : it serves as 
an introduction to them or as a manual. Lastly, the 
Novellae are single and subsequent additions and 
alterations, and it is merely an accidental circum- 
stance that a third edition of the Code was not 
made at the end of Justinian's reign, which would 
have comprised the Novellae which had a permanent 



PANDIA. 



PANIONIA. 



861 



application." (Savigny, Gescltichte des Horn. Reclds 
im Mittelaller, i. p. 14.) 

There are numerous manuscripts of the Digest, 
both in libraries of the Continent and of Great 
Britain. A list of the MSS. of the Corpus Juris 
in the libraries of this country, which are princi- 
pally in the Colleges of Oxford and Cambridge, 
is given by Dr. Hach in the Zeitschrift (vol. v.). 
But the MSS. of the Digest generally contain 
only parts of the work, and are not older than the 
twelfth century. The MS. called the Florentine 
is complete and probably as old as the seventh 
century. It is generally said that it had been 
kept at Amalfi time out of mind, and was given 
to the Pisans by Lotharius the Second, after the 
capture of Amalfi A. D. 1137, as a memorial of his 
gratitude to them for their aid against Ro<;er the 
Norman. The Pisans kept it till their city was 
taken by the Florentines under Gino Caponi A. D. 
1406, who carried this precious MS. to Florence 
where it is still preserved. There is however 
pretty good evidence that the MS. was not found 
at Amalfi. Odofredus says, that it was transmitted 
to Pisa by Justinian, and Bartolus adds, that it 
always had been, and then was at Pisa. At any 
ratc it is the oldest MS. of the Pandectae. An 
eiact copy of this MS. was published at Florence 
in 1553, folio, with the title "Digestorum scu 
Pandectarum Libri Quinquaginta Ex Florentinis 
Pandectis repraesentati ; Florentiae In Officina 
Laurentii Tarrentini Ducalis Typographi MDLI1I 
Cum Sumrai Pontif. Car. V. Imp. Hcnrici II Gal- 
lorum Regis, Eduardi VI Angliae regis, Cosmi 
Medicis Ducis Florent. II Privilegio." The facta 
relating to the history of the MS. appear from the 
dedication of Franciscus Taurellius to Cosmo I., 
Duke of Florence. Laelio Torelli and his son 
Francisco superintended the printing of the edition 
of this splendid work, which is invaluable to a 
scholar. The orthography of the MS. has been 
scrupulously observed. Those who cannot consult 
this work may be satisfied with the edition of 
the Corpus Juris by Charondas, which the distin- 
guished printer of that edition, Christopher Planti- 
nus, affirms to he as exact a copy of the Florentine 
edition as it could be made. (Antwerp, 1575). 
As to the other editions of the Digest, see Cor- 
j'i I Jims. [O. L.] 

PA NDIA (irivSta), an Attic festival, the real 
character of which seems to have been a subject 
of dispute among the ancients themselves ; for ac- 
cording to the Etymologicum M. (.». r. Wavhia ■ 
comp. Phot. t. v.), some derived it from Pandia, 
who is said to have been a goddess of the moon 
(this is also Wachsmuth's opinion, ii. p. 485) ; 
others from the Attic king Pandion ; others again 
from the Attic tribe Dias, so that the Pandia 
would have been in the same relation to this tribe 
as the Panathcnaca to Athens : and others from 
Aim, and call it a festival of Zeus. Wclcker 
(Aetchyt. Trilog. p. 303) considers it to hare been 
originally a festival of Zeus celebrated by all the At- 
tic tribes, analogous to the Panathcnaca, and thinks 
that when the confederacy, of which this festival 
was as it were the central point, became dissolved, 
the old festival remained, though its character was 
changed. It was celebrated at Athens in the time 
of Demosthenes (c Mid. p. 517). Taylor in his 
note nn this passage strangely confounds it with 
the Diasia, though it is well known that this fes- 
tival was held on the 19th of Munycbion, while 



the Pandia took place on the 1 4th of Elaphebolion. 
(Compare Suidas and Hesych. s. v. UdvSta ; Bockh, 
Abhandl. der Berlin. Akademie, 1818, p. 65, 
&c.) [L. S.] 

PAXE'GYRIS (ircw-fiyvpis) signifies a meeting 
or assembly of a whole people for the purpose of 
worshipping at a common sanctuary. But the 
word is used in three ways : — 1 . For a meeting of 
the inhabitants of one particular town and its 
vicinity [Ephesia] ; 2. For a meeting of the in- 
habitants of a whole district, a province, or of the 
whole body of people belonging to a particular 
tribe [Delia, Pamboeotia, Pamoxia] ; and 
3. For great national meetings, as at the Olympic, 
Pythian, Isthmian, and Nemean games. Although 
in all panegyreis which we know, the religious 
character forms the most prominent feature, other 
subjects, political discussions and resolutions, as 
well as a variety of amusements, were not excluded, 
though they were perhaps more a consequence of 
the presence of many persons than objects of the 
meeting. As regards their religious character, the 
panegyreis were real festivals in which prayers 
were performed, sacrifices offered, processions held, 
&c. The amusements comprehended the whole 
variety of games, gymnastic and musical contests, 
and entertainments. Every panegyris, moreover, 
was made by tradespeople a source of gain, and it 
may be presumed that such a meeting was never 
held without a fair, at which all sorts of things 
were exhibited for sale. (Paus. x. 32. § 9 ; Strab. 
x. p. 486; Dio Chrysost. Orat. xxvii. p. 528.) In 
later times, when the love of gain had become 
stronger than religious feeling, the fairs appear to 
have become a more prominent characteristic of a 
panegyris than before ; hence the Olympic games 
are called mcraitus Olympiacus or ludi et mercatus 
Olympiorum. (Justin, xiii. 5 ; Veil. Pat i. 8.) 
Festive orations were also frequently addressed to 
a panegyris, whence they are called \6yot iravn- 
yvpiKol. The Panegyricus of Isocrates, though it 
was never delivered, is an imaginary discourse of 
this kind. In later times any oration in praise of 
a person was called panegyricus, as that of Pliny 
on the emperor Trajan. 

Each panegyris is treated of in a separate article. 
For a general account see Wachsmuth, Hill. Alt. 
i. p. 14!), &c. ; Bockh, ad Pind. 01. viL p. 175, 
&.c. ; Hermann, PolU. Ant. § 10. [L. S.] 

PANELLE'NIA (rraj'fAAiji'ia), a festival, or 
perhaps rather a panegyris of all the Greeks, which 
seems to have been instituted by the emperor 
Hadrian, with the well-meant but impracticable 
view of reviving a national spirit among the Greeks. 
(Philostr. Vit.Soph. ii. 1. 5; Bockh, Corp. Interip. 
i. p. 789, ii. p. 580.) [L. S.] 

PANIO'NIA (itaviiLvia), the great national 
panegyris of the Ionians on mount Mycale, where 
their national god Poseidon llcliconius had his 
sanctuary, called the Panionium. (Herod, i. 118; 
Strab. viii. p. 384 ; Paus. vii. 24. § 4.) One of 
the principal objects of this national meeting was 
the common worship of Poseidon, to whom splendid 
sacrifices were offered on the occasion. (Diodor. 
xv. 49.) As chief-priest for the conduct of the 
sacrifices, they always appointed a young man of 
Pricnc, with the title of king, and it is mentioned 
as one of the peculiar superstitions of the Ionians 
on this occasion, that they thought the bull which 
they sacrificed to be pleasing to tin- god if it roun d 
at the moment it was killed. (Slrub. /. c.) Llut 



862 PANTOMIMUS. 



PANTOMIMUS. 



religious worship was not the only object for which 
they assembled at the Panionium ; on certain emer- 
gencies, especially in case of any danger threaten- 
ing their country, the Ionians discussed at these 
meetings political questions, and passed resolutions 
which were binding upon all. (Herod, i. 141, 170.) 
But the political union among the Ionians appears 
nevertheless to have been very loose, and their 
confederacy to have been without any regular in- 
ternal organization, for the Lydians conquered one 
Ionian town after another, without there appearing 
anything like the spirit of a political confederacy ; 
and we also find that single cities concluded sepa- 
rate treaties for themselves, and abandoned their 
confederates to their fate. (Herod, i. 169.) 

Diodorus (xv. 49) says that in later times the 
Ionians used to hold their meeting in the neigh- 
bourhood of Ephesus instead of at Mycale. Strabo, 
on the other hand, who speaks of the Panionic 
panegyris as still held in his own time, does not 
only not mention any such change, but appears to 
imply that the panegyris was at all times held on 
the same spot, viz. on mount Mycale. Diodorus 
therefore seems to consider the Ephesian panegyris 
[Ephesia] as having been instituted instead of 
the Panionia. But both panegyreis existed simul- 
taneously, and were coimected with the worship of 
two distinct divinities, as is clear from a com- 
parison of two passages of Strabo, viii. p. 384, xiv. 
p. 639. 

(Compare Tittmann's Griecli. Staaisv. p. 668, 
&c. ; Thirl wall, Hist, of Greece, ii. p. 102; C. 
F. Hermann, Lehrb. der Gottesd. Alterth. § 66. n. 
2, 3.) [L. S.] 

PANO'PLIA. [Arma.] 

PANTOMI'MUS is the name of a kind of 
actors peculiar to the Romans, who very nearly re- 
sembled in their mode of acting the modern dancers 
in the ballet. They did not speak on the stage, 
but merely acted by gestures, movements, and atti- 
tudes. All movements, however, were rhythmical 
like those in the ballet, whence the general term 
for them is saltatio, saltare ; the whole art was 
called musica muta (Cassiodor. Var. i. 20) ; and to 
represent Niobe or Leda was expressed by saltare 
Nioben and saltare Ledam. 

Mimic dancers of this kind are common to all 
nations, and hence we find them in Greece and 
Italy ; in the former country they acquired a degree 
of perfection of which we can scarcely form an idea. 
But pantomimes in a narrower sense were peculiar 
to the Romans, to whom we shall therefore confine 
ourselves. During the time of the republic the 
name pantomimus does not occur, though the art 
itself was known to the Romans at an early period ; 
for the first histriones said to have been introduced 
from Etruria were in fact nothing but pantomimic 
dancers [Histrio, p. 612], whence we find that 
under the empire the names histrio and pantomimus 
were used as synonymous. The pantomimic art, 
however, was not carried to any degree of perfec- 
tion until the time of Augustus ; whence some 
writers ascribe its invention to Augustus himself, 
or to the great artists who flourished in his reign. 
(Suidas, s. v. "Opx r ) cri s iravTimfios.) The greatest 
pantomimes of this time were Bathyllus, a freedman 
and favourite of Maecenas, and Pylades and Hylas. 
(Juv. vi. 63 ; Suet. Aug. 45 ; Macrob. Sat. ii. 7 ; 
Athen. i. p. 70.) The great popularity which 
the pantomimes acquired at Rome in the time of 
Augustus through these distinguished actors, was 



the cause of their spreading not only in Italy but 
also in the provinces, and Tiberius found it neces- 
sary to put a check upon the great partiality for 
them : he forbade all senators to frequent the 
houses of such pantomimes, and the equites were 
not allowed to be seen walking with them in the 
streets of Rome, or to attend their performances in 
any other place than the public theatres, for wealthy 
Romans frequently engaged male and female pan- 
tomimes to amuse their guests at their repasts. 
(Tacit. Annal. i. 77.) But Caligula was so fond of 
pantomimes that one of them, M. Lepidus Mnester, 
became his favourite ; and through his influence 
the whole class of pantomimes again recovered 
their ascendancy. (Suet. Calig. 36, 55, 57 ; Tacit. 
Annal. xiv. 21.) Nero not only patronised them, 
but acted himself as pantomime (Suet. Nero, 16, 
26), and from this time they retained the highest 
degree of popularity at Rome down to the latest 
period of the empire. 

As regards their mode of acting, we must first 
state that all pantomimes wore masks, so that the 
features of the countenance were lost in their act- 
ing. All the other parts of their body, however, 
were called into action, and especially the arms 
and hands, whence the expressions manus loquacis- 
simae, digiti clamosi, X 6 'P 6S irajityZvoi, &c. Not- 
withstanding their acting with masks, the ancients 
agree that the pantomimes expressed actions, feel- 
ings, passions, &c, more beautifully, correctly, 
and intelligibly than it would be possible to do 
by speaking or writing. They were, however, as- 
sisted in their acting by the circumstance that they 
only represented mythological characters, which 
were known to every spectator. (Juv. vi. 63, v. 
121; Horat. Epist. ii. 2. 125; Sueton. Nero, 54; 
Veil. Pat. ii. 83.) There were, moreover, certain 
conventional gestures and movements which every 
body understood. Their costume appears to have 
been like that of the dancers in a ballet, so as to 
show the beauty of the human form to the greatest 
advantage ; though the costume of course varied 
according to the various characters which were re- 
presented. See the manner in which Plancus is 
described by Velleius (ii. 83) to have danced the 
character of Glaucus. In the time of Augustus 
there was never more than one dancer at a time 
on the stage, and he represented all the characters 
of the story, both male and female, in succession. 
(Lucian, de Saltat. c. 67; Jacobs, ad Anthol. ii. 1, 
p. 308.) This remained the custom till towards 
the end of the second century of our aera, when 
the several parts of a story began to be acted by 
several pantomimes dancing together. Women, 
during the earlier period of the empire, never ap- 
peared as pantomimes on the stage, though they 
did not scruple to act as such at the private parties 
of the great. During the latter time of the empire 
women acted as pantomimes in public, and in some 
cases they threw aside all regard to decency, and 
appeared naked before the public. The Christian 
writers therefore represent the pantomimic exhibi- 
tions as the school of every vice and licentiousness. 
(Tertull. de Spect. p. 269, ed. Paris; see also Senec. 
Quaest. Nat. vii. 32 ; Plin. Epist. v. 24; Ammian. 
Marc. xiv. 6 ; Procop. Anecdot. 9.) 

Mythological love stories were from the first the 
favourite subjects of the pantomimes (Ovid. Rented. 
Am. 753), and the evil effects of such sensual re- 
presentations upon women are described in strong 
colours by Juvenal (vi. 63, &c). Every represent- 



PARACATABOLE. 



PARADISUS. 



863 



ation was based upon a text written for the pur- 
pose. This text was called the Canticum (Macrob. 
Sat. ii. 7; Plin. Epist. vii. 24), and was mostly 
written in the Greek language. Some of them 
may hare represented scenes from, or the whole 
subjects of Greek dramas ; but when Arnobius 
(adv. Gent. 4, compare Antholog. i. p. 249) states, 
that whole tragedies of Sophocles and Euripides 
were used as texts for pantomimic representations, 
he perhaps only means to say that a pantomimus 
sometimes represented the same story contained in 
such a tragedy, without being obliged to act or 
dance every sentiment expressed in it. The texts 
of the pantomimes or cantica were sung by a chorus 
standing in the background of the stage, and the 
sentiments and feelings expressed by this chorus 
were represented by the pantomimus in his dance 
and gesticulation. The time was indicated by the 
tcabellum, a peculiar kind of sole made of wood or 
metal, which either the dancer or one of the chorus 
wore. The whole performance was accompanied 
by musical instruments, but in most cases by the 
flute. In Sicily pantomimic dances were called 
I3a\\io-fioi, whence perhaps the modern words ball 
and ballet. (Compare Lcssing, A bltand/ung von den 
J'antomimen der Allen; Grysar, in Ersch and 
Gruber's Encyclop. s. v. Pantomimisclie Kunst des 
Alterthums ; W'elcker, Die griechischen Trag'odien, 
pp. 1317, 1409, 1443, 1477.) [L. S.] ' 

PAPY'RUS. [Liber.] 

PAR IMPAR LUDERE (i(rrta<rp6$, aprta- 
(tiv, dpria f) ntpma iraifrtv), the game at odd 
and even, was a favourite game among the Greeks 
and Romans. A person held in his hand a certain 
number of astragali or other things, and his op- 
ponent had to guess whether the number was odd 
or even. (Pollux, ix. 101 ; Plato, Lys. p. 207 ; Hor. 
Sat. ii. 3. 248 ; Suet. Aug. 71 ; A r ux E/eg. 79 ; 
Becker, Gallia, voL ii. p. 233.) 

PARA'BASIS. [Comoedia.] 

PARACOLON (napaSoXoy or vapaS6\wv), 
a small fee paid by the appellant party, on an ap- 
peal (f<p«<m) from an inferior to a superior tribu- 
nal ; as for instance, from an arbitrator or a 
magistrate, or from the court of the Stjjiotoi, or 
from the Senate of Five Hundred, to the jury or 
BMlMth court As to the sum to be paid, and 
other particulars, we are uninformed. (Pollux, viii. 
t.2,63 ; Meier,,l«. /'w. pp. 767, 772.) [C.K.K.) 

PARACATA'llOl.K ( TrupaxaTagoAT)), a sum of 
money required of a plaintiff or petitioner in certain 
cases, as a security that his complaint or demand 
was not frivolous, or made on slight and insuffi- 
cient grounds. Such was the deposit made in 
certain inheritance causes, viz. a tenth part of the 
value of the property sought to be recovered. 
[Minus.] So also in the proceeding termed 
iytnlanjippa, which was a suit instituted against 
the public treasury by a creditor to obtain payment 
out of his debtor's confiscated goods, a fifth part of 
the value was deposited. It was returned to the 
petitioner, if successful ; otherwise it went to the 
■late. (Suidas, t, v. 'Evt-iriaxTippa.) The money 
was deposited either at the ivdnpum, or on the 
commencement of the cause. The word irapa- 
KoToffoA^) signifies both the paying of the deposit, 
nod the money deposited ; and, being n word of 
mure general import, we find it used to denote 
other kinds of deposits, as the trpvTavt'ia and 
■wapiirraais. (Pollux, viii. 32 ; Meier, Alt. /'roc. 
pp.oul, GIG — 621.) [C.K.K.) 



PARACATATHE'CE (irapaKarad^Kv), ge- 
nerally signifies a deposit of something valuable 
with a friend or other person, for the benefit of the 
owner. Thus, if I deliver my goods to a friend, 
to be taken care of for me ; or if I deposit money 
with a banker ; such delivery or bailment, or the 
goods bailed or delivered, or the money deposited, 
may be called irapaitaTaBriK-n (Herod, vi. 86 ; 
Demosth. pro Phorm. 946); and the word is often 
applied metaphorically to any important trust com- 
mitted by one person to another, (Demosth. 
c. Aphob.'8i0 ; Aesch. c. Timarch. 26, ed. Steph., 
de hah. Leg. 47.) As every bailee is bound to 
restore to the bailor the thing deposited ; either on 
demand (in case of a simple bailment), or on per- 
formance of the conditions on which it was re- 
ceived ; the Athenians gave a TrapaKo.ToSS-r\K-r\s 8i'k7j 
against a bailee who unjustly withheld his propertv 
from the owner, airfffrepnire -riV TrapanaTaBiiK-nv. 
(Pollux, vi. 154.) An example of such an action 
against a banker is the rpcnrf frn/fbs \6yos of 
Isocrates. A pledge given to a creditor could not 
be recovered, except on payment of the monev 
owed to him ; but, after selling the article, and 
satisfying his debt out of the proceeds, he would 
of course be bound to restore the surplus (if any) 
to the pledgor. It follows from the nature of the 
irapax. Siktj that it was irip-nros, but it is not im- 
probable that the additional penalty of arip'ta 
might be inflicted on a defendant who fraudulently 
denied that he had ever received the deposit. 

The difficulty of procuring safe custody for 
money, and the general insecurity of movable pro- 
perty in Greece, induced many rich persons to 
make valuable deposits in the principal temples, 
such as that of Apollo at Delphi, Jupiter at Olym- 
pia, and others. (Meier, Alt. Proc. pp. 512 — 515.) 
It may be observed that Ti0«o-0ai, vapaKara- 
TiOeaOat, in (he middle voice, are always used of a 
person making a deposit for his own benefit, with 
the intention of taking it up again. Hence the 
expression dtVSoi x*P iv i t° confer an obligation, 
which gives the right (as it were) of drawing upon 
the obliged party for a return of the favour at 
some future time. Kopl£e<r6ai is to recover your 
property or right (Isocrat, c. Eulhun. 400, ed. 
Steph.) [C. R. K.] 

PARADI'SUS (irapaSficros), was the name 
given by the Greeks to the parks or pleasure- 
grounds, which surrounded the country residences 
of the Persian kings and satraps. They were 
generally stocked with animals for the chare, were 
full of all kinds of trees, watered by numerous 
streams, and enclosed with walls. (Xen. Annb. i. 
4. § 10, Cyr. i. 3. § 14, 4. §5, //<//. it. 1. §33, 
OMIT. 13; Diod. Sic. xvi. 41 ; Curt. viii. i. §11, 
12 ; Gell. ii. 20.) These paradises were frequently 
of great extent ; thus Cyrus on one occasion re- 
viewed the Greek army in his (.aradise at Celaenae 
(Xen. A nab. i. 2. § 9), and on another occasion 
the Greeks were alarmed by a report thnt there 
was a great army in a neighbouring paradise. (Id. 
ii. 4. §16.) 

Pollux fix. 13) says thnt ■wapiitirrot was a 
Persian word, nnd there ran be no doubt that the 
Greeks obtained it fmm the Persians. The word, 
however, seems to have been used by other Eastern 
nations, nnd not to have been peculiar to the I'er- 
liaiH. Gr»eniui Ihixinn I Irbraicum, p. 838. 
Lip* 1833) and other writers suppose it to be the 
same a* the Sanskrit jmrndisa, but this word doe* 



864 PARAGRAPHE. 



PARAGRAPHS. 



not mean a land elevated and cultivated, as Ge- 
senius and others state, but merely a foreign country, 
whence is derived paradesim, a foreigner. The 
word occurs in Hebrew (D_"l"13, paredes) as early 
as the time of Solomon (Eccles. ii. 5 ; Cant. ir. 
J 3), and is also found in Arabic (firdaus), and 
Armenian (pardes, Schroeder, Dissert. Thesaur. 
Ling. Armen. praemiss. p. 56). 

PARAGAUDA (irapayaSris), the border of a 
tunic [Limbus], enriched with gold thread, worn 
by ladies, but not allowed to men except as one of 
the insignia of office. These borders were among 
the rich presents given by Furius Placidus A. D. 
343, when he was made consul Qineae paragaudae, 
Vopisc. Aurel. 15). Under the later emperors 
the manufacture of them was forbidden except in 
their own gynaecea. (Cod. 11. tit. 8. s. 1, 2.) The 
term paragauda, which is probably of Oriental 
origin, seems also to have been converted into an 
adjective, and thus to have become the denomina- 
tion of the tunic, which was decorated with such 
borders. ( Lydus de Mag. i. 1 7, ii. 4. 1 3.) [ J. Y. 1 

PARAGRAPHE {-rrapaypa<pi]). This word 
does not exactly correspond with any term in our 
language, but may without much impropriety be 
called a plea. It is an objection raised by the de- 
fendant to the admissibility of the plaintiff's ac- 
tion : " exceptio rei adversus actorem, actionemve, 
querentis aut de foro haud competente, aut de 
tempore, modove procedendi illegitimo." (Reiske, 
Index Gr. in Orat.) Sir William Jones, in the pre- 
face to his translation of Isaeus, compares it with a 
demurrer. But this is not so correct ; because a 
demurrer is an objection arising out of the adver- 
sary's own statement of his case ; whereas the 
■napaypatyi) was an objection depending on facts 
stated by the defendant himself, and therefore 
rather resembles a plea, or (more strictly) a special 
plea. This appears from the irapaypafiico'i \6yoi 
of Demosthenes, in which we find the defendant 
introducing new allegations into the cause, and 
supporting them by proof. Thus, in the speech 
against Nausimachus and Xenopithes, the ground 
of objection is, that the father of the defendants 
having obtained a release from the plaintiffs, it 
was no longer open to the plaintiffs to bring an ac- 
tion for the same cause. But the first mention of 
this release is made by the defendants in their 
plea. In the speech against Zenothemis the de- 
fendant objects, that the t/jLiropiitri Si'/crj does not 
lie, because there was no written contract between 
him and the plaintiff on a voyage to or from Athens ; 
and this (says he) appears from the declaration 
itself (eV r<f iyich-fifiaTi). As parties could not 
be defeated at Athens by a technical objection to 
the pleadings, the defendant in the above case, 
notwithstanding the defective statement of the 
plaintiff in the declaration, was compelled to bring 
forward his objection by plea, and to support it 
before the jury. In the speech against Phormio, 
the plaintiff says that as the defendant only denies 
that he has committed a breach of the contract, 
there was no occasion for a irapaypiupJi : the ques- 
tion merely was, whether the plaintiff's charge was 
true. It seems that a napaypatyi) might be put in, 
not only when the defendant could show that the 
cause of action was discharged, or that it was not 
maintainable in point of law ; but also when the 
form of action was misconceived, or when it was 
commenced at a wrong time, or brought before 
the wrong magistrate (7iy€/j.uv SiicatTTtipiou.) In 



the last case the -rapaypaipri would answer to out 
plea to the jurisdiction. (Demosth. c. Pantaen. 976 ; 
Suidas, s. v. Xlapaypacpi) and eiBvSiKta.) 

The irapaypa<pi], like every other answer (avri- 
ypatyi)) made by the defendant to the plaintiff's 
charge, was given in writing ; as the word itself 
implies. (Demosth. c. Phorm. 912.) If the de- 
fendant merely denied the plaintiff's allegations, or 
(as we might say) pleaded the general issue, he was 
said evBvSiKiav or tt)c evBelav dcrievat, or airo- 
Xoytto~8ai rije tvQviiKlav ziai&v. In this case a 
court was at once held for the trial of the cause. 
If, however, he put in a irapaypa<pj}, he maintained 
that the cause was not elffay<&yi/j.os (irapeypd^aTo 
Ixt) elaayayi/j.ov elvai ttjv Si'/ctjc), and in that case 
a court was to be held to try the preliminary 
question, whether the cause could be brought into 
court or not. Upon this previous trial the defend- 
ant was considered the actor, and hence is said by 
Demosthenes (c. Phorm. 908) Karqyopuv tov 
Siukovtos. He began, and had to maintain the 
ground of objection which he relied upon. (Demosth. 
c. Steph. 1103.) If he succeeded, the whole cause 
was at an end ; unless the objection was only to the 
form of action, or some other such technicality, in 
which case it might be recommenced in the proper 
manner. If, however, the plaintiff succeeded, the 
jury merely decided eio-ayiiytfiov slvai tt)c hin7]v, 
and then the original action, which in the mean- 
time had been suspended, was proceeded with. 
(Demosth. c. Zenoth. 888 ; Lys. de Publ. Pec. 148, 
ed. Steph.) Both parties on the trial of the 
irapaypa(pT} were liable to the iirwSeAia, on failure 
to obtain a fifth part of the votes. 

The course of proceeding on a irapaypcuj))) was 
obviously calculated to delay the progress of the 
cause, and was therefore not looked on with favour 
by the dicasts. Tlpofpacreis, vira/xoo-iai, irapaypa- 
<pal, to. eV tuiv vdfiuv, excuses, delays, pleas, legal 
objections, are classed together by the orator as 
being the manoeuvres of defendants to defeat 
justice. Hence we find in the extant irapaypacpt- 
ko\ \6yot, that the defendant, in order to remove 
the prejudice of the dicasts against himself, not only 
supports the ground of the -napaypaty^, but dis- 
cusses the general merits of the cause, and en- 
deavours to show that there is no foundation for 
the plaintiff's complaint. And there is no doubt 
that the dicasts were materially influenced by such 
discussion, however in strictness irrelevant. (De- 
mosth. c. Mid. 541, c. Lacr. 924, c. Steph. 1117, 
pro Phorm. 944, Argum. Or. c. Zenoth.) The 
same observation applies to the Siafiaprvpia. [See 
Heres.] (Isaeus, de Philoct. her. 60, de Apoll. 
her. 63. ed. Steph. ; Demosth. c. Leoch. 1097.) 

There was no such thing as this proceeding by 
irapaypa<p^, until after the expulsion of the thirty 
tyrants, when a law was passed on the proposal of 
Archinus, &v ris SiKafyrai trapa rovs opKOvs, f£- 
tivai rtf tptvyovn irapaypd^aadai, rovs Be &p- 
XOVTas w(p\ tovtov irpwrov eladyetv, \tyeiv Si 
irpdrtpov tov irapaypatydfievov, SirSrepos 8' &c 
T]TTT)8fj, t^v eVcoSeAi'av d(pei\eiv. The object of 
this law appears to have been, to enable any person 
against whom an information or prosecution might 
be brought, or action commenced, for any matter 
arising out of the late political troubles, to obtain 
the benefit of the general amnesty, by specially 
pleading the same, and so bringing his defence in 
a more solemn manner before the court. The same 
privilege was afterwards extended to other grounds 



PARANOIAS GRAPHE. 



PARAXOMOX GRAPHE. 865 



of defence. (See the opening of the speech of Iso- 
crates against Callimachus.) Before this time all 
special objections to the adversary's course of pro- 
ceeding seera to have been called avTiypcupal, and 
sometimes i£aito<riai, because an oath was taken 
by the party who tendered them. (Lysias, c. 
Panel. 166, ed. Steph. ; Aristoph. Eccles. 1026; 
Schol. ad loc. ; Suidas, s. c. 'E^aifioaia ; Meier, 
Att. Proc. pp. 644—650.) [C. R. K.] 

PAHALUS (irdpaXos), and SALAMI'XIA 
{aaXa/juvia). The Athenians from very early 
times kept for public purposes two sacred or state 
vessels, the one of which was called Paralus and 
the other Salaminia : the crew of the one bore the 
name of irapaATroi or irapaAoi, and that of the 
other traXaftivioi. (Phot. s. v. Hdpa\os and 
irapoAoi.) In the former of these two articles 
Photius erroneously regards the two names as be- 
longing to one and the same ship. (Pollux, vii. 116; 
Hesych. s. v. n<zpaAiT77$.) The Salaminia was 
also called Ai)\i'o or Stctpis, because it was used to 
convey the deapol to Delos, on which occasion the 
ship was adomcd with garlands by the priest of 
Apollo. (Plat. Phaed. p. 58, c.) Both these ves- 
sels were quick-sailing triremes, and were used for 
a variety of state purposes : they conveyed theories, 
despatches, &c. from Athens, carried treasures 
from subject countries to Athens, fetched state cri- 
minals from foreign parts to Athens, and the like. 
(Thucyd. vi. 53, 61.) In battles they were fre- 
quently used as the ships in which the admirals 
sailed. These vessels and their crew were always 
kept in readiness to act, in case of any necessity 
arising ; and the crew, although the)* could not for 
the greater part of the year be in actual service, 
received their regular pay of four oboli per day all 
the year round. This is expressly stated only of 
the Paralus (Harpocrat. and Phot. s. v. riapoAos), 
but may be safely said of the Salaminia also. The 
statement of the scholiast on Aristophanes (At: 
147 ; comp. Suidas, j. r. laXapuv'ta vavs), that the 
Salaminia was only used to convey criminals to 
Athens, and the Paralus for theories, is incorrect, 
at least if applied to the earlier times. When 
Athens had become a great maritime power, 
and when other ships were employed for purposes 
for which before cither the Salaminia or the Paralus 
had been used, it is natural to suppose that these 
two vessels were chiefly employed in matters con- 
nected with religion, as theories, and in extraordi- 
nary cases, such as when a state criminal like 
Altibiades was to be solemnly conveyed to Athens. 
The names of the two ships seem to point to a 
very early period of the history of Attica, when 
there was no navigation except between Attica 
and Salamis, for which the Salaminia was used, 
and around the coast of Attica, for which purpose 
the Paralus was destined. In later times the 
names were retained, although the destination of 
the ships was principally to serve the purposes of 
religion, whence they are frequently called the 
sacred ships. (Biickh, Pultl. ICcon. of Athent, p. 
240, 2d ed. ; Gbllcr, ad '/luryd. iii. 33 ; Schu- 
mann, ad Imtum, p. [L. S.] 

PARANOIAS RAPHE (napavoiat ypatp4\). 
This proceeding may be compared to our commis- 
sion of lunacy, or writ de lunatico innuirmdn. It 
was a suit at Athens that might be instituted b"a 
son at other relation against one who, by reason of 
madness or mental imbecility, had become inca- 
pable of managing his own affairs. If the com- 



plaint was well grounded, the court decreed that 
the next heir should take possession of the lunatic's 
property, and probably also made some provision for 
his being put in confinement, or under proper care 
and guardianship. (Suidas, s. v. Ylapavoia: Xen. 
Mem. i. 2. § 49 ; Aristoph. Xub. 844 ; Aesch. c. 
Ctes. 89, ed. Steph.) It is related of Sophocles, 
that having continued to write tragedies to an ad- 
vanced aae, and by reason thereof neglected his 
family affairs, he was brought before the conrt by 
his sons, and accused of lunacy ; that he then read 
to the judges his Oedipus Coloneus, which he had 
just composed, and asked them if a man out of his 
mind could write such a poem as that ; whereupon 
they acquitted him. (Cic. de Senect. 7.) The story 
is told differently by the anonymous author of the 
life of Sophocles ; who speaks of the suit as taking 
place between Iophon and his father, and seems to 
intimate that it was preferred before the tppdropa. 
In this last point he is supported by the Scholiast 
on Aristophanes, but it can hardly be correct ; as 
we have no other authority for supposing that the 
tppdropes had such a jurisdiction, and Pollux (viii. 
89) expressly says that the irapavotas ypatpri came 
before the archon ; to whom indeed it peculiarly 
belonged, as being a matter connected with family 
rights ; and, if so, we are to understand that it 
came before the archon in the regular way, as 
iryefiwy Si/cao-njpiou. (Meier, A tt. Proc. pp.296 — 
298.) It is highly probable that there was some 
foundation for this anecdote of Sophocles. He 
might perhaps have given offence to his sons by 
that penuriousness which is said to have crept upon 
him in his old age ; and Iophon being a poet, and 
lying under the suspicion of being assisted by his 
father, might possibly be induced by a mean jea- 
lousy to bring this charge against him. (See Aris- 
toph. Ran. 78, Pax, 697.) The play of Oed. Col. ap- 
pears to exhibit the wounded feelings of the writer. 
(Sec more especially 337, 441.) [C. R. K.] 

PAKAXOMON GRAPHE (Tropo^o^ ypa- 
<ph). An indictment for propounding an illegal, or 
rather unconstitutional measure or law. We have 
seen [Xomothetes] that any Athenian citizen 
was at liberty to make a motion in the popular 
assembly, to pass a new law. or amend an old one. 
In order to check rash and hasty legislation, the 
mover of any law or decree, though he succeeded 
in causing it to be passed, was still amenable to 
criminal justice, if his enactment was found to be 
inconsistent with other laws that remained in force, 
or with the public interest (Demosth. c. Timoc. 
710,711.) Any person rainht institute against 
him the ypaip^ ttapavintev within a year from the 
passing of the law. If he was eonvicted, not only 
did the law become void, but any punishment 
might be inflicted on him, at the discretion of the 
judges before whom he was tried ; for it was a 
timitoj iywv. A person thriee so convicted lost 
the right of proposing laws in future. The cogni- 
zance of the cause belonged to the Thcsmothetae. 
(Schumann, Ant. Jut. Puli.flr. p. 244.) The pro- 
secutor was compelled to take an oath, called by 
the same name as that taken to obtain delay in 
courts of justice (inrufioola), because it had the 
effect of delaying the operation of the proposed 
measure, which otherwise might have come into 
force immediately. (Sch»mann, /•/. p. 221.) Ex- 
ample* of such prosecutions are the speech of De- 
mosthenes against Timocrntes, and that of Acs- 
chiue* against Clcsiphon. They both comment on 
3 K 



866 PARAPRESBEIA. 



PARASANGA. 



the importance of the prosecution, as tending to 
preserve the existing laws, and maintain constitu- 
tional liberty. (Demosth. c. Tim. 748, 749 ; Aesch. 
c. Cies. 54, 82, ed. Steph.) Notwithstanding this 
check, the mania for legislation appears to have in- 
creased so greatly at Athens in later times, that 
Demosthenes (c. Leptin. 485) declares that ij/7)cpi<r- 
y.6.Tuv ovS' otwvv 8ia(p4povaiv ol vifxoi. This 
arose from the relaxation of that precautionary law 
of Solon, which required every measure to be ap- 
proved by the vo^oBirai, before it could pass into 
law. (Nomothetes, and Schomann, Id. p. 229.) 
It is obvious that, while the people in assembly 
had the power of making decrees which could re- 
main in force for a year, if they wished to evade 
the law of Solon, all they had to do was to renew 
their decree from year to year, and thus in practice 
the ty-i\<pia)ia became v6/j.os. 

If the year had elapsed, the propounder of the 
law could not be punished, though the law itself 
might be repealed in the ordinary way by the in- 
stitution of proceedings before the vofioBtTai, before 
whom it was defended by the five awSitcoi. The 
speech against Leptines was made in a proceeding 
against the law itself, and not against the mover. 
As the author of the second argument says, mzpeA- 
86vtos rov xP ovov i * v $ wrfuBvvos 1]V Kpitm Kal 
Tifxapla ypatpwv tis v6jiov, i<pa'tvero AarTivns 
aKivSuvos. oBtv Trpbs auTbc, a\A' ov /cot' avrov 
6 \6yos. (Hermann, Pol. Ant. § 132.) [C. R. K.] 

PARANYMPHUS (irapdvvfupos). [Matri- 
monium, p. 737, a.] 

PARAPETASMA. [Velum.] 

PARAPHERNA. [Dos.] 

PARAPRESBEIA (■xapawpeffgela), signifies 
any corrupt conduct, misfeasance, or neglect of 
duty on the part of an ambassador ; for which he 
was liable to be called to account and prosecuted 
on his return home. (Demosth. c. Mid. 515, de 
Fads. Leg. 342.) Ambassadors were usually elected 
by the people in assembly ; they either had in- 
structions given to them, or not ; in the latter case 
they were called avTOKparopes, envoys with full 
powers, or plenipotentiary. (Thucyd. v. 45 ; Aesch. 
c. Ctes. 62, ed. Steph.) To act contrary to their 
instructions (trapa to tyijcpiiTfia vpeagevtiv) was a 
high misdemeanour. (Demosth. de Fals. Leg. 346.) 
On their return home they were required imme- 
diately to make a report of their proceedings 
(awayyfWeiv tt]v TrpeuSeiav) first to the Senate of 
Five Hundred, and afterwards to the people in 
assembly. (Aesch. de Fals. Leg. 30, ed. Steph. ; 
Aristoph. Ach. 61 ; Schomann, Ant. jur. pub. Gr. 
p. 234.) This done, they were fundi officio ; but 
still, like all other persons who had held an office 
of trust, they were liable to render an account 
(evBvvas) of the manner in which they had dis- 
charged their duty. (Demosth. de Fals. Leg. 367, 
406.) The persons to whom such account was to 
be rendered were the \oyiffrai, and the officers 
associated with them, called tvBvvai. A pecuniary 
account was only rendered in cases where money 
had passed through the hands of the party ; in 
other cases, after stating that he had neither spent 
nor received any of the public money, the accounting 
party was discharged, unless there was reason for 
thinking that he deserved to be proceeded against 
for misconduct. The Xoyicrral themselves had 
power to summon the party at once to appear as a 
criminal, and undergo the avaitpiais in their office 
(AoyiaT-hpiov), upon which they would direct the 



o-vvriyopoi to prosecute ; and this probably was the 
ordinary course in case of any pecuniary malver- 
sation. Accusations, however, of a more general 
nature were commonly preferred by individuals, 
giving information to the AoyicrTcx!, who, for the 
purpose of giving any citizen an opportunity of so 
doing, caused their K7)pi>£ to make proclamation in 
public assembly, that such a person was about to 
render his account, and to ask if any one intended 
to accuse him. If an accuser appeared, his charge 
would be reduced to the form of a ypcupij, and 
the prosecution would be conducted in the usual 
way, the Koyiffrai being the superintending magis- 
trates. (Pollux, viii. 40, 45 ; Schomann, Id. p. 
240; Meier, Att.Proc. pp. 214 — 224.) Magistrates, 
who were annually elected, rendered their accounts 
at the end of the official year ; but ambassadors, 
who were extraordinary functionaries, had no time 
limited for this purpose. Aeschines delayed giving 
an account of his embassy to Philip for three years. 
(Demosth. de Fals. Leg. 374 ; Thirlwall, Gr. Hist. 
vol. vi. p. 26.) We can hardly suppose, however 
(as Thirlwall states), that the time of rendering 
the account was optional with the ambassador him- 
self ; since, not to mention the power of the Xoyia- 
Tat, it was open to any man to move for a special 
decree of the people, that the party should be called 
to account immediately. The ypcupi) TrapairpeoSdas 
was a TijtiTjTOs aywv (Meier, Att. Proc. p. 193) ; and 
as it might comprise charges of the most serious 
kind, such as treachery and treason against the 
state, the defendant might have to apprehend the 
heaviest punishment. Aeschines {de Fals. Leg. 28, 
52) reminds the dicasts of the great peril to which 
he is exposed, and makes a merit of submitting to 
his trial without fear. Besides the ypatp^, an 
eicrayyeAi'a might be brought against an ambassador; 
upon which the accused would be committed to 
prison, or compelled to give bail for his appearance. 
This course was taken by Hyperides against Philo- 
crates, who avoided his trial by voluntary exile. 
(Aeschin. c. Ctes. 65, ed. Steph.) [C. R. K.] 

PARASANGA (6 napao-Ayyns), a Persian 
measure of length, frequently mentioned by the 
Greek writers. It is still used by the Persians, 
who call it ferseng, which has been changed in 
Arabic into farsakh. 

According to Herodotus (ii. 6, v. 53, vi. 42) the 
parasang was the half of the Egyptian schoenus, 
and was equal to 30 Greek stadia. Suidas 
(s. v.) and Hesychius (s. v.) assign it the same 
length ; and Xenophon must also have calculated 
it at the same, as he says (Anab. ii. 2. § 6) that 
16,050 stadia are equal to 535 parasangs (16,050 
-r 535 =30.) Agathias (ii. 21), however, who 
quotes the testimony of Herodotus and Xenophon 
to the parasang being 30 stadia, says that in his 
time the Iberi and Persians made it only 21 stadia. 
Strabo (xi. p. 518) also states, that some writers 
reckoned it at 60, others at 40, and others at 30 
stadia ; and Pliny (H. N. vi. 26. s. 30) informs 
us, that the Persians themselves assigned different 
lengths to it. Modern English travellers estimate 
it variously at from 34; to 4 English miles, which 
nearly agrees with the calculation of Herodotus. 
These variations may probably be accounted for 
Ip- the fact, to which attention has been called 
under Mensura, that itinerary distances were 
originally indefinite, and therefore that the values 
of the parasang, at least those given by the earlier 
Greek writers, were only computed values. This 



PARASITI. 



PAREDRI. 



867 



view is confirmed by the opinion of the best i 
Oriental scholars respecting the etymology of the t 
word. (Comp. Ukert, Geogr. d. Grieck. u. Rom. 
vol. i. pt. 2, p. 77, and uber die A rt d. Gr. u. R. 
die Enifernungen zu beslimmen.) Its true etymo- 
logy is doubtful. Rddiger (in Ersch und GruLer's 
Encyclop'ddie, s. v. Paras.) supposes the latter part 
of the word to be the same as the Persian seng, " a 
stone," and the former part to be connected with the 
Sanskrit para, " end," and thinks that it may have 
derived its name from the stones placed at the end 
of certain distances on the public roads of Persia. 
PARASE'MON (irapdaviiov). [I.ssigne.] 
PARASI'TI (iropauiToi) properly denotes per- 
sons who dine with others. In the early history 
of Greece the word had a very different meaning 
from that in which it was used in later times. To 
Sf too wapwrlrov uvoua iraAai fiky fiv otfivov Kol 
Up6v, says Athenaeus (vi. p. 234), and he proves 
from various decrees ( ^n(pia^ara) and other autho- 
rities that anciently the name napaanos was given 
to distinguished persons, who were appointed as 
assistants to certain priests and to the highest ma- 
gistrates. As regards the priestly and civil parasites, 
the accounts of their office are so obscure that we are 
scarcely able to form any definite notion of it An 
ancient law (Athen. /. c.) ordained that each of the 
priestly parasites should select from the fiovnoKia 
the sixth part of a medimnus of barley, and supply 
with it the Athenians who were present in the 
temple, according to the custom of their fathers ; 
and this sixth of a medimnus was to be given by 
the parasites of Achamae. The meaning of this 
very obscure law is discussed by Preller. (I'olcinonis 
Fragm. p. 115, ice.) Thus much, however, is 
clear, that the parasites were elected in the demes 
of Attica from among the most distinguished and 
most ancient families. We find their number to 
have been twelve, so that it did not coincide with 
that of the demes. This may be accounted for by 
supposing that in one demos two or more gods were 
worshipped, whose service required a parasite ; while 
in another there was no such divinity. The gods 
in whose service parasites are mentioned, are He- 
racles, Apollo, the Anaces, and Athena of Pallene. 
Their services appear to have been rewarded with 
a third of the victims sacrificed to their respective 
gods. Such officers existed down to a late period 
tit Greek history, for Clearchus, a disciple of Ari- 
stotle, said that parasites in his own days con- 
tinued to be appointed in most Grecian states to 
the most distinguished magistrates. (Athen. vi. p. 
235.) These, however, must have been different 
from the priestly parasites. Solon in his legislation 
called the act of giving public meals to certain 
magistrates and foreign ambassadors in the pry- 
tancum, iravaani'iv (Plat Sol. 24), and it may be 
that the parasites were connected with this insti- 
tution. (Compare Pollux, vi. c. 7.) 

The class of persons whom we call parasites was 
very numerous in ancient Greece, and appears to 
have existed from early times, though they wen 
not designated by this name. The comedies of 
Aristophanes contain various allusions to thorn, and 
Philippus, who is introduced in the Symposium of 
Xenophon, as well as a person described in some 
verses of Kpicharmus preserved in Athenaeus, arc 
perfect specimens of parasites. Hut the first writer 
who designated these persons by the name of 
irapairiToi was Alexis in one of his comedies. 
(Athen. vi. p. 235.) In the so railed middle and 



new Attic comedy, and in their Roman imitations, 
the parasites are standing characters, and although 
they are described in very strong colours in these 
comedies, yet the description does not seem to be 
much exaggerated, if we may judge from other ac- 
counts of real parasites. We shall not therefore 
be much mistaken in borrowing our description of 
parasites chiefly from these comedies. 

The characteristic features common to all para- 
sites are importunity, love of sensual pleasures, and 
above all the desire of getting a good dinner with- 
out paying for it. According to the various means 
they employed to obtain this object, they may be 
divided into three classes. The first are the 
ycXuToiroto't or jesters ; who. in order to get some 
invitation, not only tried to amuse persons with 
their jokes, but even exposed their own person to 
ridicule, and would bear all kinds of insult and 
abuse if they could only hope to gain the desired 
object. Among these we may class Philippus in 
the Symposium of Xenophon, Ergastilus in the Cap- 
tivi, and Gelasimus in the Stichus of Plautus. The 
second class are the k6\uk(s or flatterers (assenta- 
iores), who, by praising and admiring vain persons, 
endeavoured to obtain an invitation to their house. 
Gnatho in the Eunuchus of Terence, and the Arto- 
trogus in the Miles Gloriosus of Plautus, are ad- 
mirable delineations of such characters. The third 
class are the dtpairftrriKol or the officious, who by a 
variety of services even of the lowest and most de- 
grading description endeavoured to acquire claims 
to invitations. (Plut. de Adul. 23, de Educat. 17.) 
Characters of this class are the parasites in the 
Asinaria and Menaechmi of Plautus, and more 
especially the Curculioand Saturio in the Persae of 
Plautus, and the Phormio of Terence. From the 
various statements in comedies and the treatise of 
Plutarch, De Adulatoris et Amid Discrimine, we 
see that parasites always tried to discover where a 
good dinner was to be had, and for this purpose 
they lounged about in the market the palaestrae, 
the baths, and other public places of resort. After 
they had fixed upon a person, who was in most 
cases probably an inexperienced young man, they 
used every possible means to induce him to invite 
them. No humiliation and no abuse could deter 
them from pursuing their plans. Some examples 
of the most disgusting humiliations which parasites 
endured, and even rejoiced in, are mentioned by 
Athenaeus (vi. p. 249) and Plutarch. (De Orcult. 
cfe. 1, Sympos. vii. fi ; compare Diog. Lae'rt ii. 
67.) During the time of the Roman emperors a 
parasite seems to have been a constant guest at the 
tables of the wealthy. (Lucian, de J'urasit. 58.) 

(Compare Becker, Charikles, vol. i. p. 490; Le 
Brail, in the Ilistaire de I'Acatl. den Jnteripl. vol. 
xxxi. p. 51, &c. ; M. H. E. Meyer, in EnA und 
Gnil^-r'n Enryclop'ddie, s. r. l'arittiten.) [L. S.] 
PA K.WI'A IiKS. [Amak.J 
PA RA'STASIS (■Kapaaraati), a fee of one 
drachm paid to an arbitrator by the plaintiff, on 
bringing his cause before him ; and by the de- 
fendant on putting in his nnswer. The same 
name was given to the fee (perhaps a drachm) 
paid by the prosecutor in most public causes. 
(Ilarpocr. ». v. Tlapdaraait ; Meier, All. I'ror. 
pp. 614, 615.) [Compare I'm in if, p. 
397, b.] [C. R. K.) 

PAKASTATAE. [Hrndrca.] 

PARAZOmUll [Zona.] 

PARBDR] (waptflpoi). Each of the three 
3 K 2 



868 



PARIES. 



PARIES. 



superior archons was at liberty to hare two asses- 
sors (irapehpot) chosen by himself, to assist him 
by advice and otherwise in the performance of his 
various duties. The assessor, like the magistrate 
himself, had to undergo a ZoKifxaala in the Senate 
of Five Hundred and before a judicial tribunal, 
before he could be permitted to enter upon his 
labours. He was also to render an account (evdvvri) 
at the end of the year. The office is called an 
a-PXh by Demosthenes (c. Neaer. 1369). The 
duties of the archon, magisterial and judicial, were 
so numerous, that one of the principal objects of 
having assessors must have been to enable them 
to get through their business. We find the ird- 
pcSpos assisting the archon at the Atj|is SiVijs. 
(Demosth. c. Theoc. 1332.) He had authority to 
keep order at public festivals and theatres, and to 
impose a fine on the disorderly. (Demosth. c. Mid. 
572.) As the archons were chosen by lot (K\rj- 
purol), and might be persons of inferior capacity, 
and not very well fitted for their station, it might 
often be useful, or even necessary for them, to pro- 
cure the assistance of clever men of business. 
(Demosth. c. Neaer. 1 372.) And perhaps it was 
intended that the irdpeSpoi should not only as- 
sist, but in some measure check and control the 
power of their principals. They are spoken of 
as being fioydoi, {Tv/xgovAoi real (pvXaKes. Demo- 
sthenes accuses Stephanus of buying his place of 
the "Apxw /Sao'tAeuy (c. Neaer. 1369). It was 
usual to choose relations and friends to be asses- 
sors ; but they might at any time be dismissed, at 
least for good cause. (Demosth. c. Neaer. 1373.) 
The Thesmothetae, though they had no regular 
ira'peSpoi, used to have counsellors (cifiSovAoi), 
who answered the same purpose. (Demosth. c. Theoc. 
1330 ; Schom&rm, Ant. Jur. Pub. Gr. p. 245 ; Meier, 
Att. Proc. pp. 57 — 59.) The office of irdpehpos was 
called irapeSpia, and to exercise it TrapeSp^veif. 

From the irdpefipoi of the archons, we must dis- 
tinguish those who assisted the evBvvoi in examin- 
ing and auditing magistrates' accounts. The etfflueoi 
were a board of ten, and each of them chose two 
assessors. (Schb'mann, Ant. Jur. Pub. Gr. p. 240 ; 
Meier, Att. Proc. p. 102.) [Euthyne.] [C.R.K.] 
PAREISGRAPHE (ivapuo-ypa^i]), signifies a 
fraudulent enrolment in the register of citizens. 
For this an indictment lay at Athens called £eefas 
ypatp-l) : and, besides, the S^/xSrai might by their 
8ia\f/ri<pitns eject any person who was illegally en- 
rolled among them. From their decision there 
might be an appeal to a court of dicasts ; of which 
the speech of Demosthenes against Eubulides 
furnishes an example. If the dicasts confirmed 
the decision of the SrifiSrai, the appellant party 
was sold for a slave. Spurious citizens are some- 
times called napiyypaTTTOi, wapeyyeypafifitvoi. 
(Aesch. de Fals. Leg. 38, 51, ed. Steph.) The ex- 
pression irapeto-ypacprjs ypatp^ is not Attic. (Schb- 
mann, Ant. Jur. Pub. Gr. p. 206 ; Meier, Att. Proc. 
pp. 347—349.) [C. R. K.] 

PARENTA'LIA. [Funus, p. 562, b.] 
PA'RIES (Toixos),the wall of a house, in con- 
tradistinction to Murus (rfixos), the wall of a 
city, and maceries (re^oy), a small enclosure, such 
as a court-yard ; sometimes Tetxioj' is used for the 
wall of a house. (See Liddell and Scott.) Among 
the numerous methods employed by the ancients in 
constructing walls we find mention of the follow- 
ing : — 

I. The paries cratitius, i. c. the wattled or the [ 



lath-and-plaster wall, made of canes or hurdles 
[Crates], covered with clay. (Plin. H. N. xxxv. 
14. s. 48 ; Festus, s.v. Solea.) These were used 
in the original city of Rome to form entire houses 
(Ovid. Fast. iii. 183, vi. 261 ; Vitruv. ii. 1) ; after- 
wards they were coated with mortar instead of clay, 
and introduced like our lath-and-plaster walls in 
the interior of houses. 

II. Vitruvius (I. c.) mentions as the next step, 
the practice, common in his time among the Gauls, 
and continued to our own in Devonshire, of drying 
square lumps of clay and building them into walls, 
which were strengthened by means of horizontal 
bond-timbers (jugamenta) laid at intervals, and 
which were then covered with thatch. 

III. The paries formaeeus, i.e. the pise wall, 
made of rammed earth. [Forma.] 

IV. In districts abounding with wood, log-houses 
were common, constructed, like those of the Sibe- 
rians and of the modern Americans in the back 
settlements, of the trunks of trees, which, having 
been more or less squared, were then laid upon 
one another in an horizontal position, and had their 
interstices filled with chips (schidiis), moss, and 
clay. After this manner the Colchians erected 
houses several stories high. (Vitruv. I. c.j com- 
pare Herod, iv. 108 ; Vitruv. ii. 9.) 

V. The paries lateritius, i. e. the brick wall. 
[Later.] Among the Romans the ordinary thick- 
ness of an outside wall was 18 inches (sesquipes), 
being the length of the common or Lydian brick ; 
but, if the building was more than one story high, 
the walls at the bottom were either two or three 
bricks thick (diplinthii aut triplinthii) according to 
circumstances. The Egyptians sometimes exhibited 
a chequered pattern, and perhaps other devices, 
upon the walls of their houses by the alternation 
of white and black bricks. (Ath. v. p. 208, c.) 
The Romans, probably in imitation of the Etru- 
rians, often cased the highest part of a brick wall 
with a range of terra-cottas (structura and lorica 
testacea, Vitruv, ii. 8 ; Pal lad. de Re Rust. i. 11), 
eighteen inches high, with projecting cornices, and 
spouts for discharging the water from the roof. 
[Antepixa.] 

VI. The reticulata structura (Plin. H. N. xxxvi. 
22. s. 51), i. e. the reticulated, or resembling net- 
work. This structure consists in placing square or 
lozenge-shaped stones side by side upon their 
edges, the stones being of small dimensions and 
cemented by mortar (materia ex calce et arena). In 
many cases the mortar has proved more durable 
than the stone, especially where volcanic tufa is 
the material employed, as at Baiae in the Bay of 
Naples, and in the villa of Hadrian near Tivoli. 
This kind of building is very common in the an- 
cient edifices of Italy. Vitruvius says (ii. 8), that 
it was universally adopted in his time. Walls 
thus constructed were considered more pleasing to 
the eye, but less secure than those in which the 
stones lay upon their flat surfaces. The front of 
the wall was the only part in which the structure 
was regular, or the stones cut into a certain form, 
the interior being rubble-work or concrete (far- 
tura), i. e. fragments and chippings of stone (cae- 
menta, %d.Ki^) imbedded in mortar. Only part of 
the wall was reticulated : to give it firmness and 
durability the sides and base were built of brick or 
of squared stones, and horizontal courses of bricks 
were laid at intervals, extending through the 
length and thickness of the wall. These circum- 



PARIES. 



PARIES. 



869 



stances are well exemplified in the annexed wood- 
cut, which is copied from the drawing of a wall at 
Pompeii, executed on the spot by Mr. Mocatta. 




VII. The structura antiqva or incerta, i.e. the 
wall of irregular masonry, built of stones, which 
were not squared or cut into any exact form. The 
necessary consequence of this method of construc- 
tion was, that a great part of the wall consulted of 
mortar and rubble-work. (Vitruv. /. c.) 

VIII. The emplecton, i.e. the complicated wall, 
consisting in fact of three walls joined together. 
Each side presented regular masonry or brickwork ; 
but the interior was tilled with rubble (farturu). 
To bind together the two outside walls, and thus 
render the whole firm and durable, large stones or 
courses of brickwork (coaipnenta) were placed at 
intervals, extending through the whole thickness 
of the wall, as was done also in the Structura Re- 
ticulata. Walls of this description arc not uncom- 
mon, especially in buildings of considerable size. 

IX. The paries e lapide ipiadrato, i. e. the ashlar 
wall, consisting entirely of stones cut and squared 
by the chisel. [Dolabra.] This was the most 
perfect kind of wall, especially when built of mar- 
ble. The construction of such wnlls was carried to 
the highest perfection by the architects of Greece ; 
the temples of Athens, Corinth, and many cities of 
Asia Minor still attesting in their ruins the ex- 
treme skill bestowed upon the erection of walls. 
Considerable excellence in this art mint have been 
attained by the fireeks even as early as the age of 
Homer, who derives one of his similes from the 
"nicely fitted stones " of the wall of a house. (//. 
xvi. 212.) But probably in this the Greeks only 
copied the Asiatics ; for Xenophon came to a de- 
serted city in Mesopotamia, the brick walls of 
which were capped by a parapet of " polished shell 
marble." {Anah. iii. 4. 8 10.) Besides conferring 
the highest degree of beauty and solidity, another 
important recommendation of anhlar walls was, 
that they were tho most secure against fire, an 
advantage, to which St. Paul alludes, when he 
contrasts the stones, valuable both for material and 



for workmanship (\i8ovi rip'wvs), and the gold 
and silver, which were exhibited in the walls of 
such a temple as that just mentioned, with the 
logs of wood, the thatch, the straw and cane, em- 
ployed in building walls of the lour first kinds. 
(1 Cor. iii. 10 — 15.) Vitruvius also strongly ob- 
jects to the paries craiitius on account of its great 
combustibility (ii. 8. ad fin.). Respecting walls of 
this kind see further under Mmus. 

Cicero, in a single passage of his Topica (§ 4), 
uses four epithets which were applied to walls. He 
opposes the paries solidus to the J'ornicatus, and 
the communis to the directus. The passage at the 
same time shows that the Romans inserted arches 
[Fornix] into their "common" or party walls. 
The annexed woodcut, representing a portion of 




the supposed Thermae at Treves (Wyttenbach's 
Guide, p. 60), exemplifies the frequent occurrence 
of arches in all Roman buildings, not only when 
they were intended for windows or doorways, but 
also when they could serve no other use than to 
strengthen the wall. In this "paries fornicatus" 
each arch is a combination of two or more concen- 
tric arches, all built of brick. This specimen also 
shows the alternation of courses of brick and stone, 
which is a common characteristic of Roman ma- 
sonry. The "paries solidus,"'' i. e. the wall without 
openings for windows or doorways, was also called 
"a blind wall" (Virg. Am. v. 589) ; and the 
paries communis (Ovid. Met. iv. G6 ; noivbs rotxos, 
Thucyd. ii. .'$), which was the boundary between- 
two tenements and common to them both, was 
called interyerinus, al. inlergerirus (Kcstus, i.v.; 
Plin. H.N. xxxv. 14. a. 49), and in Greek h«t6- 
toixoi (Athen. vii. p. 281, d), or nto6-roixov. (Eph. 
ii. 14.) The walls, built at right angles to the 
|>arty-wa)l for the convenience of the respective 
families, were the parieles directi. 

Walls were adorned, especially in the interior of 
buildings, in a great variety of ways. Their plane 
surface was broken by panels. [AliACl'8. ) How- 
ever coarse and rough their construction might be, 
every uncvenness was removed by a coating, two 
or three inches thick, of mortar or of plaster with 
rough-cast, consisting of sand together with atone, 
brick, and mnrble, broken rind ground to various 
degrees of fineness. (Vitruv. vii. 3 ; Acts, xxiii. 
.').) Gypsum also, in the state which wc call 
plaster of Parit, was much used in the moru 
3 K 3 



870 



PARMA. 



PAROPSIS. 



splendid edifices, and was decorated with an end- 
less variety of tasteful devices in bas-relief. Of 
these ornaments, wrought in stucco {opus albarium), 
specimens remain in the " Baths of Titus " at Rome. 
When the plasterer (tedor, KoviaTris) had finished 
his work (trullissatio, i. e. trowelling ; opus tecto- 
rium), in all of which he was directed by the use 
of the square [Norma], the rule, and the line and 
plummet [Perpendiculum], and in which he 
aimed at producing a surface not only smooth and 
shining, but as little as possible liable to crack or 
decay (Vitruv. vii. 3), he was often succeeded by 
the painter in fresco (udo tectorio, Vitruv. I. c). In 
many cases the plaster or stucco was left without 
any additional ornament ; and its whiteness and 
freshness were occasionally restored by washing it 
with certain fine calcareous or aluminous earths 
dissolved in milk ( paraetonium, Plin. //. N. xxxv. 

6. s. 18 ; terra Selinusia, 16. s. .56). A painted 
wall was commonly divided by the artist into 
rectangular compartments, which he filled accord- 
ing to his taste and fancy with an endless variety 
of landscapes, buildings, gardens, animals, &c. 
(Vitruv. vii. 5.) 

Another method of decorating walls was by en- 
crusting them with slabs of marble (crustae). The 
blocks, designed for this purpose, were cut into 
thin slabs by the aid of saw-mills. [Mola.] Vari- 
ous kinds of sand were used in the operation, ac- 
cording to the hardness of the stone ; emery (naxia, 
Plin. H. N. xxxvi. 6. s. 9) being used for the 
hardest. This art was of high antiquity, and pro- 
bably Oriental in its origin. The brick walls of 
the Mausoleum at Halicarnassus, built as early as 
355 B. c, were covered with slabs of Proconnesian 
marble (Plin. H. N. xxxvi. 6) ; and this is the 
most ancient example upon record. In the time 
of Pliny (H. N. xxxv. 1) slabs of a uniform colour 
were sometimes inlaid with variously coloured ma- 
terials in such a way as to represent animals and 
other objects. In short the beautiful invention 
now called Florentine Mosaic was then in use for 
the decoration of the walls of apartments. [Em- 
blema.] The common kind of Mosaic was also 
sometimes used in walls as well as in floors and 
ceilings. The greatest refinement was the attempt 
to produce the effect of mirrors, which was done 
by inserting into the wall pieces of black glass 
manufactured in imitation of obsidian. (Plin. H. N. 
xxxvi. 26. s. 67.) [Domus p. 431 ; Pictura, 
8 XV.] [J.Y.] 

PARILI'LIA. [Palilia-1 

PARMA, dim. PARMULA (Hor. Carm. ii. 

7. 10), a round shield, three feet in diameter, 
carried by the velites in the Roman army. Though 
small, compared with the Clipeus, it was so 
strongly made as to be a very effectual protection. 
(Polyb. vi. 20.) This was probably owing to the 
use of iron in its frame-work. In the Pyrrhic 
dance it was raised above the head and struck 
with a sword so as to emit a loud ringing noise. 
(Claud, da VL Cons. Honor. 628.) The parma was 
also worn by the Equites (Sallust, Frag. Hist. 
IV.) ; and for the sake of state and fashion it was 
sometimes adorned with precious stones. (Propert. 
iv. 2. 21.) 

We find the term parma often applied to the 
target [Cetra], which was also a small round 
shield, and therefore very similar to the parma. 
(Propert. iv. 2. 40 ; Mela, i. 5. § 1 ; Virg. Aen. 
x. 817.) Virgil, in like manner, applies the term 



to the clipeus of the Palladium, because, the statue 
being small, the shield was small in proportion. 
(Aen. ii. 175.) 

The annexed woodcut represents a votive parma, 




embossed (cr<j>vp7i\arov) [Malleus] and gilt, re- 
presenting on its border, as is supposed, the taking 
of Rome by the Gauls under Brennus and its re- 
covery by Camillus. It belonged formerly to the 
Woodwardian Museum, and is supposed by anti- 
quaries to have been made in the time of Claudius 
or Nero. The boss (umbo) is a grotesque face, 
surrounded with ram's horns, foliage, and a twisted 
beard. (Dodwell, de Parma Woodwardiana, Oxon. 
1713.) Compare Bernd, Das Wappenwesen der 
Grieclien and Rome?; Bonn, 1841. [J. Y.] 

PA'ROCHI, were certain people who were 
paid by the state to supply the Roman magistrates, 
ambassadors, and other official persons, when they 
were travelling, with those necessaries which they 
could not conveniently carry with them. They 
existed on all the principal stations on the Roman 
roads in Italy and the provinces, where persons 
were accustomed to pass the night. But as many 
magistrates frequently made extortionate demands 
from the parochi, the lex Julia de Repetundis of 
Julius Caesar, B. c. 59, defined the things which 
the parochi were bound to supply, of which hay, 
fire-wood, salt, and a certain number of beds ap- 
pear to haye been the most important (Hor. Sat. i. 
5. 46 ; Cic. ad Att. v. 16, xiii. 2 ; Heindorf, ad 
Hor. I. c.) 

PAROPSIS (irapotyls). Two different mean- 
ings are given to this word by the Greek gramma- 
rians ; some interpret it as meaning any food eaten 
with the ii\pov [Opsonium], as the nd(a, a kind 
of frumenty or soft cake, broth, or any kind of con- 
diment or sauce (Pollux, vi. 56, x. 87 ; Hemsterh. 
ad hoc.) ; and others a saucer, plate, or small dish. 
(Hesych. and Suidas, s. v.) It is plain, however, 
from the numerous passages collected by Athenaeus 
(ix. pp. 367, 368), that the word was used in both 
significations, and was the name of the dish or 
plate as well as of its contents. (Compare Xen. Cyr. 
i. 3. § 4 ; Plut. de Adul. et Amic. 9 ; St. Matth. 
xxiii. 26.) The Roman writers seem always to 
use it in the sense of a dish or plate (Juv. iii. 142 ; 
Mart. xi. 27. 5) ; and according to Charisius it was 
so called, " quia in eo reponuntur obsonia, et ex eo 
in mensa comeduntur." The word is also written 
Parapsis. (Hesych. s. v. ; Suet. Galb. 1 2 ; Petron, 
34; Dig. 34. tit. 2. s. 19. §9.) 



PASTOPHORUS. 



PATERA. 



871 



PARRICI'DA, PARRICI'DIUM. [Lex 
Cornelia, p. 687.] 

PARTHE'NIAE (irapdevlai or Trap6(ve7ai), 
are, according to the literal meaning of the word, 
children born by unmarried women (itapBivoi, Horn. 
II. xvi. 180). Some writers also designated by 
this name those legitimate children at Sparta who 
were born before the mother was introduced into 
the house of her husband. (Hesych. s. r. ; Miiller, 
Dor. iv. 4. § 2.) The partheniae, however, as a 
distinct class of citizens, appear at Sparta after the 
first Messenian war and in connection with the 
foundation of Tarentum ; but the legends as to who 
they were differ from one another. Hesychius 
says that they were the children of Spartan citi- 
zens and female slaves ; Antiochus (ap. Strah. vi. 
p. 278, &c.) states, that they were the sons of those 
Spartans who took no part in the war against the 
Alessenians. These Spartans were made Helots, 
and their children were called partheniae, and de- 
clared &Ttnoi. When they grew up, and were 
unable to bear their degrading position at home, 
they emigrated, and became the founders of Taren- 
tum. Ephorus (ap. Stralj. vi. p. 279) again related 
the story in a different manner. When the Messe- 
nian war had lasted for a considerable number of 
years, the Spartan women sent an embassy to the 
camp of their husbands, complained of their long 
absence, and stated that the republic would suffer 
for want of an increase in the number of citizens 
if the war should continue much longer. Their 
husbands, who were bound by an oath not to leave 
the field until the Messenians were conquered, sent 
home all the young men in the camp, who were 
not bound by that oath, and requested them to 
cohabit with the maidens at Sparta. The children 
thus produced were called partheniae. On the 
return of the Spartans from Messenia, these par- 
theniae were not treated as citizens, and accord- 
ingly united with the Helots to wage war aeainst 
the Spartans. But when this plan was found im- 
practicable, they emigrated and founded the colony 
of Tarentum. (Compare Theopomp. ap. Athen. vi. 
p. 271; Epeunactae.) These stories seem to be 
nothing but distortions of some historical fact. 
The Spartans at a time of gTeat distress had per- 
haps allowed marriages between Spartans and 
slaves or I^aconians, or had admitted a number of 
persons to the franchise, but afterwards endeavoured 
to curtail the privileges of these new citizens, which 
led to insurrection and emigration. (See Thirl wall, 

//i.il. of f/reere, vol. i. p. .'i.VJ, [ I.. S. ) 

PA'SCUA PU'BLICA. [Scbiptlka.] 
PASSUS (from pando), a measure of length, 
which consisted of five Roman feet. (Colum. v. 1 ; 
Vitruv. x. 1 4.) [Mbnsura.] The passus was not 
the single step (i/radus), but the double step ; or, 
more exactly, it was not the distance from heel to 
heel, when the feet were at their utmost ordinary 
extension, but the distance from the point which 
the heel leaves to that in which it is set down. 
The mill* passuum, or thousand paces, was the 
common name of the Roman mile. [Mii.i.iake.] 
In connecting the Greek and Roman measures, tin- 
word passus was sometimes applied to the extension 
of the arms, that is, the Greek dpyvtd, which, 
however, differed from the true passu* by half a- 
foot ; niifl, conversely, the r/radus was called by 
(irn k writers /SJjjia, or rb (iijfui rb curAoOy, nnd 
the passui TO #i,ua rb SiwAoOf. [ P.S. | 

I'AS I I (IMIORL'S (*aaro<p&pot). The shnwl, 



richly interwoven with gold (xpucoTaaros), and 
displaying various symbolical or mythological 
figures, was much used in religious ceremonies to 
conduce to their splendour, to explain their signifi- 
cation, and also to veil their solemnity. The 
maidens, who carried the figured peplus in the 
Panathenaea at Athens, were called ap'(>-n<p6poi. 
In Egypt, the priests of Isis and Osiris, who pro- 
bably fulfilled a similar office, were denominated 
iraaro<p6poi, and were incorporated. (Diod. i. 29 ; 
Porphyr. de Abstin. iv. 8 ; Apul. Met. xi. pp. 
124, 128, ed. Aldi.) They appear to have ex- 
tended themselves together with the extension of 
the Egyptian worship over parts of Greece and 
Italy, so that " the College of the Pastophori of 
Industrial a city of Liguria, is mentioned in an 
inscription found near Turin. (Maffei, Mas. Veron. 
p. 230.) The Egyptian college was divided into 
minor companies, each containing ten pastophori, 
and each having at its head a leader who was 
called decurio quinquennulis, because he was ap- 
pointed for five years. (Apul. Met. xi. ad fin.) 
Besides carrying the toctto's, or sacred ornamental 
shawl, they performed other duties in connection 
with the worship of the temple. It was the office 
of this class of priests to raise the shawl with the 
performance of an appropriate chaunt, so as to dis- 
cover the god seated or standing in the adytum 
(Clem. Alex. Paeday. iii. 2), and generally to show 
the temple with its sacred utensils, of which, like 
modern sacristans, they had the custody. (Hora- 
pollo, Hier. L 41.) In consequence of the sup- 
posed influence of Isis and her priesthood in 
healing diseases, the pastophori obtained a high 
rank as physicians. (Clem. Alex. Hiram, vi. 4. 
p. 758, ed. Potter.) 

It must be observed, that according to another 
interpretation of naar6s, the pastophori were so 
denominated from carrying, not a shawl, but a 
shrine or small chapel, containing the image of the 
god. Supposing this etymology to be correct, it is 
no less true that the pastophori sustained the vari- 
ous offices which have here been assigned to them. 

It was indispensably requisite, that so numerous 
and important a body of men should have a resi- 
dence appropriated to them in the temple to which 
they belonged. This residence was called irao-ro- 
<p6ptov. The common use of the term, as applied 
by the Greeks to Egyptian temples, led to its ap- 
plication to the corresponding part of the temple at 
Jerusalem by Josephus (ISell.Jud. iv. 12), and by 
the authors of the Alexandrine version of the Old 
Testament (1 Citron, ix. 26, 33, xxiii. 28 ; Jer. 
xxxv. 4 ; 1 Mace. iv. 38, 57.) [J. Y.] 

PATER FAMI'LIAE. [Familia . Matri- 

MONIt'M ; PATRIA P0TESTA8.] 

PATER PATRATUS. [Fetiai.es.] 
PATERA, dim. PATELLA (fid\ri), a round 
dish ; a plate ; a saucer. Macrobius (Sat. v. 21), 
explaining the difference between the patera and 
the Cahi iiksii m, says that the former received its 
name from its flat expanded form ( planum ac pa- 
lms). The paterae of the most common kind are 
thus described by Festus («. V, Patellae), " Vasa 
picata parvn, sacrificiis faciendis apta." (iXiyra 
/sitMi, .Mart. v. 120 ; Kulnrunda testa, xiv. 114.) 
They were small plates of the common red earthen- 
ware, on which an ornamental pattern was drawn 
in the manner described under the article of Fic- 
tile, and which were sometimes entirely black. 
Numerous specimens of them may be seen in tba 
3 K 4 



372 



PATERA. 



PATINA. 



British Museum, and in other collections of ancient 
fictile vases. The more valuable paterae were 
metallic, being chiefly of bronze : but every family, 
raised above poverty, possessed one of silver 
(apyvpis), together with a silver salt-cellar. [Sali- 
NUM.j (Plin. H. N. xxxiii. 12. s. 54.) In opulent 
houses there was a plate of gold (xpuci's, Athen. 
xi. pp. 497, 502 ; Pind. 01. vii. 1—3 ; Virg. Gc.org. 
ii. 192). These metallic plates were often adorned 
with figures, engraved or embossed upon them. 
(Cic. Verr. iv. 21 ; Xen. Anab. iv. 7. § 27, vii. 3. 
§ 27.) A beautiful specimen is presented in the 
woodcut to the article Libra ; and the accompany- 
ing woodcut exhibits a highly ornamented dish, 
also of bronze, designed to be used in the worship 
of Mars, and found at Pompeii. (Donaldson's 
Pomp. vol. ii. pi. 78.) The view of the upper sur- 
face is accompanied by a side-view, showing the 




form and depth of the vessel. The ornamental 
paterae sometimes represented leaves of fern, which 
probably diverged from the centre (filicatae, Cic. 
Parad. i. § 2). Gems were set in others. (Cic. 
Verr. iv. 24 ; Virg. Aen. i. 728, 739.) "We read 
also of an amber dish (electrinam), having in the 
centre the countenance of Alexander the Great, 
and his history represented on the border. (Treb. 
Poll. Trig. Tyr. 13.) The annexed woodcut con- 
tains a view and section of a plate of white marble 




in the British Museum, which was found in the 
ruins of Hadrian's Villa, and purchased by Mr. 
Townley. It is 14 inches in diameter, and If 
high. It is cut with skill and delicacy, the marble 
not being much more than a quarter of an inch 
thick. In the centre is sculptured a female bac- 
chante in a long tunic and with a scarf [Chlamys] 
floating over her head. This centre-piece is en- 
circled by a wreath of ivy. The decorations indi- 
cate the appropriation of the plate to the worship 
of Bacchus. 

Plates were sometimes made so as to be used 
with either side downward, and were then distin- 
guished by the epithet a.p.<pi8eTos. (Horn. II. xxiii. 
2/0, 616.) In these the under surface was orna- 
mented as well as the upper. The Massilians and 
other Ionic Greeks commonly placed the under 
surface uppermost. Plates were further distin- 
guished from one another by being either with or 
without a base (trvB^v), a boss in the middle 
(ofupaAuTT], ti£a6fupaAos,<pBo7s), feet ((jaAava>T7]), 
and handles. (Athen. xi. pp. 501, 502.) In the 
preceding woodcuts the bronze patera has one 
handle : both the paterae are made to stand upon 
a low base. 

Small plates were sometimes used in cooking 
(Plin. H. N. xxx. 8. s. 2 J ), an operation more com- 
monly performed in pots [Olla] and basins or 
bowls. [Patina.] They were used at meals to 
eat upon as we use them (Varro, Eumen. ap. Non. 
Marc. xv. 6 ; Hor. Epist. i. 5. 2), although it ap- 
pears that very religious persons abstained from 
this practice on account of the customary employ- 
ment of them in sacrificing to the gods. (Cic. de 
Fin. ii. 7.) A larger plate, in fact, a round dish, 
was used to bring to table such an article of food 
as a flat fish. (Mart. xiii. 81.) Mustard (Plin. 
H. N. xix. 8. s. 54) and ointments (Xenophanes, 
p. 68, ed. Karsten) were brought in saucers. The 
Greeks also drank wine out of plates or saucers 
( Xen. Conv. ii. 23), as we see in the woodcut 
under Symposium, which represents a symposium, 
and in which the second and third figures from 
the right hand have each a saucer. 

The use of paterae at meais no doubt gave origin 
to the employment of them in sacrifices. On 
these occasions they held either solid food (fitKpbu 
i<peas, Varro, Man. ap. Non. Marc. I. c. ; cibos, 
Ovid, Fast. vi. 310), or any liquid intended to be 
poured out as a libation. (Virg. Aen. in. 67, iv. 
60, v. 98, vi. 249, vii. 133, xii. 174 ; Ovid. 
Met. ix. 160, Fast. ii. 634, iv. 934 ; Val. Flacc. 
v. 192 ; Juv. iii. 26 ; Heliodor. Aethiop. ii. p. 98 ; 
Athen. xi. p. 482.) We find them continually 
represented in conjunction with the other instru- 
ments of sacrifice upon coins, gems, altars, bas- 
reliefs, and the friezes of temples. In the ancient 
Doric temple at Rome, now dedicated to St. 
Adrian, the tasteful patera and the cranium of the 
bull are alternately sculptured on the metopes. 
(Labacco, Ant. di Roma, 16, 17.) 

Plates of the most precious materials and of the 
finest workmanship were sometimes given as prizes 
at the public games. (Horn. II. xxiii. 270 ; 
Pind. Isth. i. 20 ; Schol. in Pind. Nem. ix. 121, 
123.) [J. Y.] 

PATI'BULUM. [Furca.] 

PA'TINA (hsKavr), dim. Xenaviov al. Aenapiov, 
AeKavio-KT], Athen. vi. p. 268, XtKavh, second dim. 
KeKaviSiov, Bekker, Anec. 794), a basin or bowl of 
earthenware, rarely of bronze (Pallad. de Re Rust. 



PATRIA POTESTAS. 



P ATRIA POTESTAS. 



873 



L 40 ; Plin. H.N. xxxiv. 11. s. 25) or silver. 
(Trcb. Poll. Claud, p. 208, c.) 

A patina, covered with a lid (operculum), was 
sometimes used to keep grapes instead of a jar 
(Col. de Re Rust. xii. 43), a proof that this vessel 
was of a form intermediate between the Patera 
and the Olla, not so flat as the former, nor so 
deep as the latter. Hence it is compared to the 
crater. (Schol. in Aristoph. Acharn. 1109.) 
[Crater.] This account of its shape accords with 
a variety of uses to which it was applied, viz., to 
hold water and a sponge for washing (Aristoph. 
Veep. 598), and clay for making bricks (Aves, 
1143, 1146), in vomiting (Nub. 904), and in smelt- 
ing the ore of quicksilver. ( Plin. //. N. xxxiii. 8. 
s. 41.) But its most frequent use was in cookery 
and pharmacy. (Plin. H. N. xxiiL 2. s. 33.) Al- 
though the patera and the olla were also used, the 
articles of diet were commonly prepared, some- 
times over a fire (Plaut. Pseud. m. 2. 51 ; Plin. 
H.N.xvii\. 11. s. 26, xxii. 25. s. 80), and some- 
times without fire, in a patina, and more especially 
when they were accompanied with sauce or fluid. 
(Hor. Sat. i. 3. 80.) Hence the word occurs in 
almost every page of Apicius De Opsoniis [Opso- 
nicm] ; and hence came its synonym, o^oSoktj. 
(Photius, Lex. s. v.) In the same bowl the food 
was commonly brought to table (Xen. Cyrop. i. 3.- 
§ 4 ; Athen.iv. p. 149, f. ; Plaut. Mil. iii. 1. 164 ; 
Tcr. Eun. iv. 7. 46 ; Hor. fiat. iL 8. 43), an example 
of which is kacdvwv r&p \aytfwv Kpewv, i.e. "a 
basin of stewed hare." (Aristoph. Acharn. 1109.) 
But it is to be observed, that dishes [Lanx, Pa- 
tera] were used to bring to table those articles of 
food, the form and solidity of which were adapted 
to such vessels. 

The silver bowl was sometimes ornamented, as 
with ivy-leaves (hederatu, Treb. Poll. /. a), or by 
the insertion of mirrors (specillata, Fl. Vopisc. Pro- 
bus, p. 234, cd. Salmasii). These bowls weighed 
from 10 to 20 lbs. each. Vitellius, wishing to ob- 
tain an earthenware bowl of immense size, had a 
furnace constructed on purpose to bake it. (Plin. 
H.N. xxxv. 12. s. 46 ; Juv. iv. 130—134.) 

A method of divination by the use of a basin 
(kaccwonam-tia) is mentioned by Tzetzes on Lyco- 
phron, v. 813. [J. Y.] 

PAT RES. [Patricii ; Senatus.] 

PATRIA POTESTAS. Potestas signifies ge- 
nerally a power or faculty of any kind by which 
we do any thing. " Potestas," says Paulus (Dig. 
SO. tit 16. a.215), "has several significations: 
when applied to Mogistratus, it is Impcrium ; in 
the case of Children, it is the Patria Potestas ; in 
the case of Slaves, it is Dominium." According 
to Paulus then, Potestas, as applied to Magis- 
tratiiK, is equivalent to Impcrium. Thus we find 
Potestas associated with the adjectives Praetorio, 
Consularis. But Potestas is applied to Magis- 
tral- who had not the Impcrium, as for instance 
to Quaestors and Tribuni Plebis (Cic. pro C/uent. 
e. 27) ; and Potestas and Impcrium are often op- 
posed in Cicero. Both the expressions Tribuni- 
cium Jus and Tribtmicia Potestas arc used (Tacit. 
Ann. i. 2, 3). Thus it aecms that this word 
Potestas, like many other Roman terms, had both 
a wider signification and a narrower one. In its 
wider signification it might mean all the power 
that was delegated to any person by the State, 
whatever might be the extent of that power. In 
it. narrower significations, it was on the one 



hand equivalent to Imperiura ; and on the other, 
it expressed the power of those functionaries who 
had not the Imperium. Sometimes it was used 
to express a Magistratus, as a person (Sueton. 
Claud. 13 ; Juv. Hat. x. 100) ; and hence in the 
Italian language the word Podesta signifies a 
Magistrate. 

Potestas is also one of the words by which is 
expressed the power that one private person has 
over another, the other two being Planus and 
Mancipium. The Potestas is either Dominica, 
that is, ownership as exhibited in the relation of 
Master and Slave [Servus] ; or Patria as ex- 
hibited in the relation of Father and Child. The 
Mancipium was framed after the analogy of the 
Potestas Dominica. [Mancipium.] 

Patria Potestas then signifies the power which 
a Roman father had over the persons of his children, 
grandchildren, and other descendants ( filiifumi/ias, 
filiaefamilias), and generally all the rights which 
he had by virtue of his paternity. The found- 
ation of the Patria Potestas was a Roman mar- 
riage, and the birth of a child gave it full effect. 
[Matrimonii^!.] 

It does not seem that the Patria Potestas was 
ever viewed among the Romans as absolutely 
equivalent to the Dominica Potestas, or as involv- 
ing ownership of the child ; and yet the original 
notion of the Patria came very near to that of the 
Dominica Potestas. Originally the father had the 
power of life and death over his son as a member 
of his familia : he could sell him and so bring him 
into the mancipii causa ; and he had the jus noxae 
dandi as a necessary consequence of his being 
liable for the delicts of his child. He could also 
give his child in adoption, and emancipate a child 
at his pleasure. 

The father could cxheredate his son, he could 
substitute another person as heir to him [Heres], 
and he could by his will appoint him a tutor. 

The general rights and disabilities of a filius- 
familias may be thus briefly expressed — " The 
child is incapable, in his private rights, of any 
power or dominion ; in every other respect he is 
capable of legal rights." (Savigny, System, &c. 
ii. 52.) The incapacity of the child is not really 
an incapacity of acquiring legal rights, for the 
child could acquire by contract, for instance ; but 
every thing that he acquired, was acquired for his 
father. 

As to matters that belonged to the Jus Publi- 
cum, the son laboured under no incapacities : he 
could vote at the Comitia Tributa, he could fill u 
magistratus ; and he could be a tutor: for the 
Tutcla was considered a part of Jus Publicum. 
(Dip. 1. tit 6. s. 9 ; Liv. xxiv. 44 ; Cell. ii. 2.) 

The child hnd Connubium and Commercium, 
L'ke any Roman citizen who was sui juris, but 
tli' -'- h i,'al itif-s lirmii;ht to him no present 

power or ownership. His marriage with his father's 
consent was legal (juttum), but if it was accom- 
panied with the In Manum conventio, his wife 
come into the power of his father, and not into the 
power of the son. The son's children were in all 
cases in the power of their grandfather, when the 
son was. The son could also divorce his wife with 
his father's consent 

Inasmuch as he hnd Commercium, he could bo 
a witness t« Mancipationea and Testaments ; but 
he could not have property nor servitutes. He 
bad the tc9tamcnti factio, &> already atatcd, so far 



874 



P ATRIA POTESTAS. 



P ATRIA POTESTAS. 



as to be a witness to a testament ; but he could 
not make a testament, for he had nothing to dis- 
pose of ; and he could not have a heres. 

He could, as already observed, acquire rights 
for his father by contract, but none for himself, 
except in the case of an Adstipulatio, an instance 
which shows the difference between a son and a 
slave. [Obligationes.] But a Alius pubes could 
incur obligationes and could be sued, like a pater- 
familias. (Dig. 45. tit. 1. s. 141. § 2 ; 44. tit. 7. 
s. 39.) The foundation of these rules of law was 
the maxim that the condition of a master could be 
improved by the acts of his slaves, but not made 
worse ; and this maxim applied equally to a son 
and a slave. Between the father and the son no 
civiles obligationes could exist ; neither of them 
consequently could have a right of action against 
the other. But naturales obligationes might be 
established between them. Some writers have 
supposed that there was a difference between the 
capacities and incapacities of a filiusfamilias and a 
filiafamilias as to obligationes ; but the reasons 
alleged by Savigny seem conclusively to show that 
there was no difference at all. {System, &c. ii. 
Beylage, v.) 

In the case of delict by a filiusfamilias noxales 
actiones were allowed against the father. (Gaius, 
iv. 75.) But Justinian abolished the noxae deditio 
in the case of a filius or filiafamilias, " cum apud 
veteres legum commentatores invenimus saepius 
dictum, ipsos filiosfamilias pro suis delictis posse 
conveniri." (Inst. 4. tit. 8. s. 7 ; Dig. 43. tit. 
29. s. 1. 3. § 4.) [Noxalis Actio ; Filius- 
familias.] 

The incapacity of the child to acquire for him- 
self and his capacity to acquire for his father, as 
well as their mutual incapacity of acquiring rights 
of action against one another, are viewed by some 
modern writers as a consequence of a legal unity 
of person, while others affirm that there is no trace 
of such a fiction in the Roman law, and that the 
assumption is by no means necessary to explain 
the rule of law. (Bbcking, Inst. i. 228, n. 20.) 
Indeed the fiction of such a unity is quite unneces- 
sary, for the fundamental maxim, already referred 
to, that a man may be made richer but not poorer 
by his slaves and children is a simple positive 
rule. Though the child could not acquire for him- 
self, yet all that he did acquire for his father, 
might become his own in the event of his father's 
death, a circumstance which materially distin- 
guished the acquisitions of a son from those of a 
slave ; and accordingly the son is sometimes, though 
not with strict propriety, considered as a kind of 
joint owner with his father. 

The rule as to the incapacity of a filiusfamilias 
for acquiring property was first varied about the 
time of Augustus, when the son was empowered 
to acquire for himself and to treat as his own 
whatever he got in military service. This was the 
Castrense Peculium, with respect to which the son 
was considered as a person sui juris. (Juv. Sat. 
xvi. 51 ; Gaius, ii. 106.) But if the filiusfamilias 
died without having made any disposition of this 
peculium, it came to the father, and this continued 
to be the law till Justinian altered it ; but in this 
case the property came as Peculium, not as Here- 
ditas. The privileges of a filiusfamilias as to the 
acquisition of property were extended under Con- 
stantine to his acquisitions made during the dis- 
charge of civil offices, and as this new privilege 



was framed after the analogy of the Castrense Pe- 
culium, it was designated by the name Quasi Cas- 
trense Peculium. Further privileges of the same 
kind were also given by Constantine and extended 
under subsequent emperors {bona quae patri non 
adquiruntur). 

The Patria Potestas began with the birth of a 
child in a Roman marriage. If a Roman had by 
mistake married a woman with whom he had no 
connubium, thinking that connubium existed, he 
was allowed to prove his case {causae erroris pro- 
batio), upon doing which the child that had been 
born and the wife also became Roman citizens, 
and from that time the son was in the power of 
the father. This causae probatio was allowed by 
a Senatus-consultum (Gaius, i. 67), which, as it 
appears from the context, and a comparison with 
Ulpian's Fragments (vii. 4), was an amendment 
of the Lex Aelia Sentia. Other instances of the 
causae probatio are mentioned by Gaius. 

It was a condition of the Patria Potestas that 
the child should be begotten in matrimonium le- 
gitimum. (Gaius, i. 55 — 107 ; Inst. 1. tit. 9 — 11.) 
By the old law, the subsequent marriage of the 
parents did not legitimate a child born before the 
marriage. But it seems to have early become the 
fashion for the Emperor, as an act of grace, to 
place such child on the same footing as legitimate 
children. The legitimation per subsequens matri- 
monium only became an established rule of law 
under Constantine, and was introduced for the ad- 
vantage of children who were born in concubinage. 
[Concubina.] In the time of Theodosius II., 
the rule was established by which a child was 
legitimated per oblationem curiae. To these two 
modes of legitimation, Justinian added that per 
rescriptum principis. The child thus legitimated 
came into the familia and the potestas of his father, 
as if he had been born in lawful marriage. 

The Patria Potestas could also be acquired by 
either of the modes of Adoption. [Adoptio, 
p. 15, b.] 

The Patria Potestas was dissolved in various 
ways. It was dissolved by the death of the father, 
upon which event, the grandchildren, if there were 
any, who had hitherto been in the power of their 
grandfather, came into the power of their father 
who was now sui juris. It could also be dissolved 
in various ways during the lifetime of the father. 
A maxima or media capitis diminutio either of 
the parent or child dissolved the Patria Potestas ; 
though in the case of either party sustaining a 
capitis diminutio by falling into the hands of an 
enemy, the relation might be revived by Post- 
liminium. A father who was adrogated, and conse- 
quently sustained a minima capitis diminutio, came 
together with his children, who had hitherto been 
in his power, into the power of his adoptive father. 
The emancipation of the child by the father was a 
common mode of dissolving the Patria Potestas, 
and was accompanied by the Minima Capitis dimi- 
nutio. If a son was elected Flamen Dialis or a 
daughter was chosen a Vestal, the Patria Potestas 
ceased ; and in the later period, it was also dis- 
solved by the son's attaining certain civil or eccle- 
siastical honours. The Potestas of the father 
might cease without the son becoming sui juris, as 
in the case of the son being given in adoption. 

The terra Patria Potestas strictly expresses the 
power of the father, as such, which arises from the 
paternal relation ; but the term also imports the 



PATRICII. 



PATRICII. 



875 



rights of the child as a filiusfamilias or filiafamilias. 
Of these rights, the most important was the ca- 
pacity of being the suus heres of the father. Gene- 
rally, the parent could emancipate his child at his 
pleasure, and thus deprive him of the rights of 
agnation ; hut the law in this respect was altered 
by Justinian (Nov. 89. c. 11), who made the con- 
sent of the child necessary. (Savigny, St/stem, &c, 
ii. 49, &.C. ; Puchta, Inst. iii. 142 ; Bockm?, Inst. 
i. 224.) [G. L.] 

PATRI'CII. This word is a derivative from 
pater, which in the early times invariably denoted 
a patrician, and in the later times of the republic 
frequently occurs in the Roman writers as equiva- 
lent to senator. Patricii therefore signifies those 
who belonged to the patres " rex patres eos (sena- 
tores) voluit nominari, patriciosque eorum liberos." 
(Cic.rfe He PulA. ii 12 ; Liv. i. 8 ; Dionys. ii. 8.) 
It is a mistake in these writers to suppose that 
the patricii were only the offspring of the patres 
in the sense of senators, and necessarily connected 
with them by blood. Patres and patricii were 
originally convertible terms. (Plut Iiomul. 13 ; 
Lydus, de Mens. i. 20, de May. i. 1G ; Niebuhr, 
Hist, of Rome, i. p. 336.) The words patres and 
patricii hare radically and essentially the same 
meaning, and some of the ancients believed that 
the name patres was given to that particular class 
of the Roman population from the fact that they 
were fathers of families (Plut Dionys. I. c.) ; 
others, that they were called so from their age 
(Sallust, Catil. 6) ; or because they distributed 
land among the poorer citizens, as fathers did 
among their children. (Fest s. v. Patres Senatores; 
Lyd. de Mem. iv. 50.) But most writers justly 
refer the name to the patrocinium which the pa- 
tricians exercised over the whole state, and over 
all classes of persons of whom it was composed. 
(Plut. and Sallust, c. ; Zonaras, vii. 8 ; Suidas, 

1. V. flOTpiKiOI.) 

In considering who the patricians were, we have 
to distinguish three periods in the history of Rome. 
The first extends from the foundation of the city 
down to the establishment of the plebeians as a 
second order ; the second, from this event down to 
the time of Constantinc, during which time the 
patricians were a real aristocracy of birth, and as 
such formed a distinct class of Roman citizens op- 
posed to the plebeians, and afterwards to the new 
plebeian aristocracy of the nobiles : the third period 
extends from Constantinc down to the middle ages, 
during which the patricians were no longer an 
aristocracy of birth, but were persons who merely 
enjoyed a title, first granted by the emperors and 
afterwards by the popes also. 

Pint Period : from the foundation of the city, to 
the establishment of the plebeian order. Nicbuhr's 
researches into the early history of Rome have 
established it as a fact beyond all doubt, that dur- 
ing this period the patricians comprised the whole 
body of Romans who enjoyed the full franchise, 
that they were the papains Romania, and that 
there were no other real citizens besides them. 
(Niebuhr, Hist. of Rome, ii. pp. 221, 22.1. note .1n7; 
Cic. pro Caeein. 'Ah.) The patricians must lie re- 
garded as conquerors who reduced the earlier in- 
habitants of the places they occupied to a state of 
servitude, which in our authorities is designated by 
the terms client and ptebs. The other parts of the 
Human population, namely clients and slaves, did 
not belong to the populus Romanus, or sovereign 



people, and were not burghers or patricians. The 
senators were a select body of the populus or pa- 
tricians, which acted as their representative. The 
burghers or patricians consisted originally of three 
distinct tribes, which gradually became united 
into the sovereign populus. These tribes had 
founded settlements upon several of the hills which 
were subsequently included within the precincts of 
the city of Rome. Their names were Ramnes, 
Titles, and Luceres, or Ramnenses, Titienses, and 
Lucerenses. Each of these tribes consisted of ten 
curiae, and each curia of ten decuries, which 
were established for representative and military 
purposes. [Senatts.] The first tribe, or the 
Ramnes, were a Latin colony on the Palatine 
hill, said to have been founded by Romulus. As 
long as it stood alone, it contained only one hun- 
dred gentes, and had a senate of one hundred 
members. When the Tities, or Sabine settlers 
on the Quirinal and Viminal hills, under king 
Tatius, became united with the Ramnes, the num- 
ber of gentes as well as that of senators was 
increased to 200. These two tribes after their 
union continued probably for a considerable time 
to be the patricians of Rome, until the third 
tribe, the Luceres, which chiefly consisted of 
Etruscans, who had settled on the Caelian Hill, 
also became united with the other two as a 
third tribe. When this settlement was made is 
not certain : some say that it was in the time of 
Romulus (Fest. s. r. Caelius Moiis and Luceres; 
Varro, de Liny. Lot. t. 55) ; others that it took 
place at a later time. (Tacit. A nnal. i v. 65 ; Fest. 
s. v. Tuscum vicum.) But the Etruscan settlement 
was in all probability older than that of the Sabincs 
(see Guttling, Gesch. der Rom. Staatsverf. p. 54, 
&c), though it seems occasionally to have received 
new bands of Etruscan settlers even as late as the 
time of the republic. 

The amalgamation of these three tribes did not 
take place at once : the union between Latins and 
Sabines is ascribed to the reign of Romulus, though 
it does not appear to have been quite perfect, since 
the Latins on some occasions claimed a superiority 
over the Sabincs. (Dionys. ii. 62.) The Luceres 
existed for a long time as a separate tribe with- 
out enjoying the same rights as the two others 
until Tarquinius Priscus, himself an Etruscan, 
caused them to be placed on a footing of equality 
with the others. For this reason lie is said to 
have increased the number of senators to 300 
(Dionys. iii. 67 ; Liv. i. 35 ; Cic. de Re PuU. 
ii. 20 ; compare Senatcs), and to have added two 
Vestal virgins to the existing number of four. 
(Dionys. L c. ; Fest ». v. Sex Vcstae sacrrdotes ; 
Niebuhr, Hut. of Rome, i. p. 302, &c.) The Lu- 
ceres, however, are, notwithstanding this equalisa- 
tion, sometimes distinguished from the other tribes 
by the name patres minorum gentium ; though 
this name is also applied to other members of the 
patricians, c. g. to those plebeian families who 
were admitted by Tarquinius Priscus into the threo 
tribes, and in comparison with these, the Luceres 
are acain railed patres mojorum gentium. (Compare 
Niebuhr, i. p. 304, and Guttling, p. 226, &c.) 
That this distinction between patres inajorum and 
miie. rum gentium was kept up in private life, at a 
time when it had no value whatever in a political 
point of view, is clear from Cicero (ail I'am. ix. 
21). Tullus llostilius admitted several of the 
noble gentes of Alba among the patricians (in 



876 



PATRIC1I. 



PATRICK. 



patres legit, Liv. i. 30), viz., the Tullii (Julii ?), 
Servilii, Quinctii, Geganii, Curiatii, and Cloelii, to 
which Dionysius (iii. 29) adds the gens Metilia. 
Ancus Mareius admitted the Tarquinii (Dionys. 

iii. 48), Tarquinius Priscus the Tullii (Dionys. 

iv. 3), Servius Tullius the Octavii (Sueton. Aug. 
1, &c), and even Tarquinius Superbus seems to 
have had similar intentions. (Dionys. iv. 57 ; 
Sueton. Vitell. 1.) We do not hear that the num- 
ber of gentes was increased by these admissions, 
and must therefore suppose that some of them had 
already become extinct, and that the vacancies 
which thus arose were filled up with these new 
burghers. (Gb'ttling, p. 222.) During the time of 
the republic, distinguished strangers and wealthy 
plebeians were occasionally made Roman patricians, 
e. g. Appius Claudius and his gens (Liv. x. 8 ; 
compare ii. 16 ; Dionys. v. 40 ; Sueton. Tib. 1), 
and Domitius Alienobarbus. (Suet. Nero, 1.) As 
regards the kingly period the Roman historians 
speak as if the kings had had the power of raising 
a gens or an individual to the rank of a patrician ; 
but it is evident that the king could not do this 
withouf the consent of the patres in their curies ; 
and hence Livy (iv. 4) makes Canuleius say, " per 
cooptationem in patres, aut ab regibus lecti," which 
lectio, of course, required the sanction of the body 
of patricians. In the time of the republic such an 
elevation to the rank of patrician could only be 
granted by the senate and the populus. (Liv. iv. 
4, x. 8, compare especially Becker, Handb. der 
Horn. Alterth. ii. 1. p. 26. &c.) 

Since there were no other Roman citizens but 
the patricians during this period, we cannot speak 
of any rights or privileges belonging to them exclu- 
sively ; they are all comprehended under Civitas 
(Roman) and Gens. Respecting their relations to 
the kings see Comitia Curiata and Senatus. 
During this early period we can scarcely speak of 
the patricians as an aristocracy, unless we regard 
their relation to the clients in this light. [Cliens.] 

Second Period : from the establishment of the 
plebeian order to the time of Constantine. When 
the plebeians became a distinct class of citizens, 
who shared certain rights with the patricians, the 
latter lost in so far as these rights no longer 
belonged to them exclusively. But by far the 
greater number of rights, and those the most im- 
portant ones, still remained in the exclusive pos- 
session of the patricians, who alone were cives 
optima jure, and were the patres of the nation in 
the same sense as before. All civil and religious 
offices were in their possession, and they continued 
as before to be the populus, the nation now con- 
sisting of the populus and the plebes. This dis- 
tinction, which Livy found in ancient documents 
(xxv. 12), seems however in the course of time to 
have fallen into oblivion, so that the historian 
seems to be scarcely aware of it, and uses populus 
for the whole body of citizens including the ple- 
beians. Under the Antonines the term populus 
signified all the citizens, with the exception of the 
patricii. (Gaius, i. 3.) In their relation to the 
plebeians or the commonalty, the patricians now 
were a real aristocracy of birth. A person born of 
a patrician family was and remained a patrician, 
whether he was rich or poor, whether he was a 
member of the senate, or an eques, or held any of 
the great offices of the state, or not : there was no 
power that could make a patrician a plebeian, ex- 
cept his own free will, for every patrician might 



by adoption into a plebeian family, or by a solemn 
transition from his own order to the plebs, become 
a plebeian, leaving his gens and curia and re- 
nouncing the sacra. As regards the census, he 
might indeed not belong to the wealthy classes, 
but his rank remained the same. Instances of re- 
duced patricians in the latter period of the republic 
are, the father of M. Aemilius Scaurus and the 
family of the Sullas previous to the time of the 
dictator of that name. (Suet. Aug. 2 ; Liv. 
iv. 16 ; Plin. H. N. xviii. 4 ; Zonar. vii. 15 ; 
Ascon. Ped. in Scaur, p. 25, ed. Orelli.) A plebeian, 
on the other hand, or even a stranger, might, as we 
stated above, be made a patrician by a lex curiata. 
But this appears to have been done very seldom ; 
and the consequence was, that in the course of a 
few centuries the number of patrician families be- 
came so rapidly diminished, that towards the close 
of the republic there were not more than fifty such 
families. (Dionys. i. 85.) Julius Caesar by the 
lex Cassia raised several plebeian families to the 
rank of patricians, in order that they might be able 
to continue to hold the ancient priestly offices 
which still belonged to their order. (Suet. Caes. 
41 ; Tacit. Annal. xi. 25 ; Dion Cass, xliii. 47, 
xlv. 2.) Augustus soon after found it necessary 
to do the same by a lex Saenia. (Tacit. 1. c. ; Dion 
Cass. xlix. 43, Hi. 42.) Other emperors followed 
these examples : Claudius raised a number of sena- 
tors and such persons as were born of illustrious 
parents to the rank of patricians (Tacit. 1. c. ; Suet. 
Oth. 1) ; Vespasian, Titus, and other emperors did 
the same. (Tacit. Agric. 9 ; Capitol. M. Antonin. 
1 ; Lamprid. Commod. 6.) The expression for this 
act of raising persons to the rank of patricians was 
in patricios or in familiam patriciam adligere. 

Although the patricians throughout this whole 
period had the character of an aristocracy of birth, 
yet their political rights were not the same at all 
times. The first centuries of this period are an 
almost uninterrupted struggle between patricians 
and plebeians, in which the former exerted every 
means to retain their exclusive rights, but which 
ended in the establishment of the political equality 
of the two orders. [Plebs.] Only a few insigni- 
ficant priestly offices, and the performance of certain 
ancient religious rites and ceremonies, remained 
the exclusive privilege of the patricians ; of which 
they were the prouder, as in former days their re- 
ligious power and significance were the basis of 
their political superiority. (See Ambrosch, Studien 
und Andeutungen, &c. p. 58, &c.) At the time 
when the struggle between patricians and plebeians 
ceased, a new kind of aristocracy began to arise 
at Rome, which was partly based upon wealth and 
partly upon the great offices of the republic, and 
the term Nobiles was given to all persons whose 
ancestors had held any of the curule offices. (Com- 
pare Nobiles.) This aristocracy of nobiles threw 
the old patricians as a body still more into the 
shade, though both classes of aristocrats united as 
far as was possible to monopolise all the great 
offices of the state (Liv. xxii. 34, xxxix. 41) ; 
but although the old patricians were obliged in 
many cases to make common cause with the nobiles, 
yet they could never suppress the feeling of their 
own superiority ; and the veneration which histori- 
cal antiquity alone can bestow, always distinguished 
them as individuals from the nobiles. How much 
wealth gradually gained the upper hand, is seen 
from the measure adopted about the time of the 



PATRICII. 



PATROXOMI. 



877 



fir9t Punic war, by which the expenses for the 
public games were no longer given from the aera- 
rium, but were defrayed by the aediles ; and as 
their office was the first step to the great offices of 
the republic, that measure was a tacit exclusion of 
the poorer citizens from those offices. Under the 
emperors the position of the patricians as a body 
was not improved ; the filling up of the vacancies 
in their order by the emperors began more and 
more to assume the character of an especial honour, 
conferred upon a person for his good services or 
merely as a personal favour, so that the transi- 
tion from this period to the third had been gra- 
dually preparing. 

Respecting the great political and religious privi- 
leges which the patricians at first possessed alone, 
but afterwards were compelled to share with the 
plebeians, see Plebs and the articles treating of 
the several Roman magistracies and priestly offices. 
Compare aho Gens ; Curia ; Senatus. 

In their dress and appearance the patricians 
were scarcely distinguished from the rest of the 
citizens, unless they were senators, curule magis- 
trates, or equites, in which case they wore like 
others the ensigns peculiar to these dignities. The 
only thing by which they appear to have been dis- 
tinguished in their appearance from other citizens, 
was a peculiar kind of shoes, which covered the 
whole foot and part of the leg, though they were 
not as high as the shoes of senators and curule 
magistrates. These shoes were fastened with tour 
strings (corrigiae or lora patricia) and adorned with 
a lunula on the top. (Sencc. De Tranquil . Anim. 
1 1 ; Plut Quaest. Rom. 75 ; Stat. Silv. v. 2. 27 ; 
Martial, i. SO, ii. 29.) Festus (5. v. Muileos) 
states that mulleus was the name of the shoes ; 
wom by the patricians ; but the passage of Varro 
which he adduces only shows that the mullei (shoes 
of a purple colour) were worn by the curule magis- . 
trates. (Compare Dion Cass, xliii. 43.) 

Third Period : from the time of Constantinc to 
the mi/Idle ages. From the time of Constantine the 
dignity of patricius was a personal title, which 
conferred on the person, to whom it was granted, a 
very high rank and certain privileges. Hitherto 
patricians had been only genuine Roman citizens, 
and the dignity had descended from the father to 
his children ; but the new dignity was created at 
Constantinople, and was not bestowed on old Ro- 
man families ; it was given, without any regard 
to persons, to such men as had for a long time dis- 
tinguished themselves by good and faithful services 
to the empire or the emperor. This new dignity 
was not hereditary, but became extinct with the 
death of the person on whom it was conferred ; 
and when during this period we read of patrician 
families, the meaning is only that the head of such 
a family wasa patricius. (Zoom. ii. 40 ; Cassiodor. 
V'lrvir. vi. 2.) The name patricius during this 
period assumed the conventional meaning of father 
of the emperor (Ammian. Marcellin. xxix. 2 ; Cod. 
12. tit 3. §5), and those who werethusdistinguished 
occupied the highest rank among the illustres ; the 
consuls alone ranked higher than a patricius. 
(Isidor. ix. 4. 1. 3 ; Cod. 3. tit. 24. s. 3 ; 12. tit. 
A s. 3.) The titles by which a patricius was dis- 
tinguished were magnificcntia, celsitudo, cminentia, 
and magnitudo. They were cither engaged in 
actual service (for they generally held the highest 
offices in the state, at the court and in the pro- 
vinces), ami were then called patricii praejcntalet, 



or they had only the title and were called patricii 
codicil/ares or honorarii. (Cassiod. viii. 9 ; Savaron 
ad Sidon. Apoll. i. 3.) All of them, however, were 
distinguished in their appearance and dress from 
ordinary persons, and seldom appeared before the 
public otherwise than in a carriage. The emperors 
were generally very cautious in bestowing this great 
distinction, though some of the most arbitrary 
despots conferred the honour upon young men and 
even on eunuchs. Zeno decreed that no one should 
be made patricius who had not been consul, prae- 
fect, or magister militum. (Cod. 3. tit. 24. s. 3.) 
Justinian, however, did away with some of these 
restrictions. The elevation to the rank of patricius 
was testified to the person by a writ called diploma. 
(Sidon. Apollin. v. 1 0' ; Suidas, s. r. TpafifiaTtihiov • 
compare Cassiodor. vi. 2, viii. 21, &c.) 

This new dignity was not confined to Romans 
or subjects of the empire, but was sometimes grant- 
ed to foreign princes, such as Odoacer, the chief of 
the Heruli, and others. When the popes of Rome 
had established their authority, they also assumed 
the right of bestowing the title of patricius on 
eminent persons and princes, and many of the 
German emperors were thus distinguished by the 
popes. In several of the Germanic kingdoms the 
sovereigns imitated the Roman emperors and popes 
by giving to their most distinguished subjects the 
title of patricius, but these patricii were at all 
times much lower in rank than the Roman patricii, 
a title of which kings and emperors themselves 
were proud. 

(Rein, in Ersch und Gruher's Encyclopaedic, 
s. v. Putricier, and for the early period of Roman 
History, Giittling's O'esch. der Rom. Staatsrerf. 
p. 51, Sic, Becker's I/andbuch. 1. c., and p. 133, 
&c.) [L. S.] 

PATRIMI ET MATRIMI, also called Pa- 
trimes et Alatrimes, were those children whose 
parents were both alive (Festus, s. v. Flaminia ; 
Malrimes ; called by Dionysius, ii.22, aiKpiQahtii) ; 
in the same way as pater patrimus signifies a 
father, whose own father is still alive. (Festus, s. v. 
Pater Pair.) Scrviu9 (ad Virg. Georg. 31), how- 
ever, confines the term patrimi et matrimi to chil- 
dren born of parents who had been married by 
the religious ceremony called confarreatio : it ap- 
pears probable that this is the correct use of the 
term, and that it was only applied to such children 
so long as their parents were alive. We know 
that the tlamines majnrcs were obliged to have 
been born of parents who had been married by con- 
farreatio (Tac. Ann. iv. 16 ; Gaius, i. 112) ; and 
as the children called patrimi et matrimi arc almost 
always mentioned in connection with religious 
rites and ceremonies (Cic. de liar, re.ip. 1 1 ; Liv. 
xxxvii. 3 ; Gell. i. 12 ; Tacit I list. iv. .53 ; Macrob. 
Saturn. C ; Vopisc. Aurel. 19 ; Orelli, /user. n. 
2270), the statement of Serving is rendered more 
probable, since the same reason, which confined 
the office of the flamines majores to those born of 
parents who had been married by confarreatio, 
would also apply to the children of such marriages, 
who would probably be thought more suitable for 
the service of the gods than the offspring of other 
marriages. (Rein, Pat Rom. l'ritatrrrht. p. 177 ; 
fiottluig, Crtih. d. Rom. Staattr. p. 90.) 

PATRI >'N< >.M I (iraTpov6fiot), were magistrates 
nt S|«irta, who exercised, as it were, a paternal 
power over the whole state. Pausanias (ii. 9. § 1 ) 
says, thot they were instituted by Cleomcncs III. 



878 



PATRONUS. 



PATRON US. 



(b.c. 236—221), who destroyed the power of the 
•ytpovaia. by establishing patronomi in their place. 
The yepovaia, however, was not abolished by Cleo- 
menes, as it is again spoken of by Pausanias (iii. 11. 
§ 2), and also in inscriptions. The patronomi are 
mentioned by Philostratus ( Vit. Apollon. iv. 32) 
among the principal magistrates along with the 
gymnasiarchs and ephori ; and their office is also 
spoken of by Plutarch. (An seni sit resp. ger. 
c. 24.) Their number is uncertain ; but Bbckh 
(Corp. Inscrip. vol. i. p. 605) has shown that 
they succeeded to the powers which the ephori 
formerly possessed, and that the first patronomus 
was the ivdvvixos of the state, that is, gave his 
name to the year as the first ephor had formerly 
done. (Compare Miiller, Dor. iii. 7. § 8.) 

PATRO'NUS. The act of manumission created 
a new relation between the manumissor and the 
slave, which was analogous to that between father 
and son. The manumissor became with respect 
to the manumitted person his Patronus, and the 
manumitted person became the Libertus of the 
manumissor. The word Patronus (from Pater) 
indicates the nature of the relation. If the manu- 
missor was a woman, she became Patrona ; and 
the use of this word instead of Matrona appears 
to be explained by the nature of the patronal 
rights. Viewed with reference to the early ages 
of Rome, this patronal relation must be considered 
a part of the ancient Clientela ; but from the time 
of the Twelve Tables at least, which contained 
legislative provisions generally on the subject of 
patronal rights, we may consider the relation of 
Patronus and Libertus as the same both in the 
case of Patrician and Plebeian manumissores. 

The Libertus adopted the gentile name of the 
Manumissor. Cicero's freedman Tiro was called 
M. Tullius Tiro. 

The Libertus owed respect and gratitude to his 
patron, and in ancient times the patron might 
punisli him in a summary way for neglecting 
those duties. This obligation extended to the 
children of the Libertus, and the duty was due to 
the children of the patron. In later times, the 
patron had the power of relegating an ungrateful 
freedman to a certain distance from Rome, under 
a law probably passed in the time of Augustus. 
(Tacit. Ann. xiii. 26 ; Dion Cass. lv. 13.) In the 
time of Nero it was proposed to pass a Senatus- 
consultum which should give a patron the power 
of reducing his freedman to slavery, if he miscon- 
ducted himself towards his patron. The measure 
was not enacted, but this power was given to the 
patron under the later emperors. The Lex Aelia 
Sentia gave the patron a right of prosecuting his 
freedman for ingratitude (ut ingraturn accusare). 
(Dig. 40. tit. 9. s. 30.) An ingratus was also 
called Libertus Impius, as being deficient in Pietas. 

If the Libertus brought an action against the 
Patronus (in jus vocavil), he was himself liable to 
a special action on the case (Gaius, iv. 46) ; and 
he could not, as a general rule, institute a capital 
charge against his patron. The Libertus was 
bound to support the patron and his children in 
case of necessity, and to undertake the manage- 
ment of his property and the tutela of his children : 
if he refused, he was ingratus. (Dig. 37. tit. 14. 
s. 1.9.) 

If a slave were the property of several masters 
and were manumitted by all of them, and became 
a Roman citizen, all of them were his Patroni. 



The manumissor could secure to himself further 
rights over his libertus by a stipulatio or by taking 
an oath from him. The subjects of such agree- 
ments were gifts from the libertus to the patronus 
(dona et munera) and services (operae). The oath, 
was not valid, unless the person was a libertus 
when he took it. If then he took the oath as a 
slave, he had to repeat it as a freeman, which seems 
to be the meaning of the passage of Cicero in which 
he speaks of his freedman Chrysogonus. (Ad Alt. 
vii. 2 ; compare Dig. 38. tit. 1. s. 7.) These Operae 
were of two kinds, Officiales which consisted in 
respect and affection ; and Fabriles which are ex- 
plained by the term itself. The officiales deter- 
mined by the death of the Patronus, unless there 
was an agreement to the contrary ; but the fabriles 
being of the nature of money or money's worth 
passed to the heredes of the Patronus, like any 
other property. The Patronus, when he commanded 
the operae of his libertus, was said " ei operas in- 
dicere or imponere." (Gaius, iv. 162 ; Dig. 38. 
tit. 2. s. 29.) 

The Patron could not command anj r services 
which were disgraceful (turpes) or dangerous to 
life, such as prostitution or fighting in the amphi- 
theatre ; but if the libertus exercised any art or 
calling (artificium), even if he learned it after his 
manumission, the operae in respect of it were due 
to the patron. 

The Lex Julia et Papia Poppaea released freed- 
men (except those who followed the ars ludicra or 
hired themselves to fight with beasts) from all ob- 
ligation as to gifts or operae, who had begotten two 
children and had them in their power, or one child 
five years old. (Dig. 38. tit. 1. De Operis Liber- 
torum, s. 37.) 

If liberty was given directly by a testament, the 
testator was the manumissor, and his patronal 
rights would consequently belong to his children : 
if it was given indirectly, that is, per fideicommis- 
sum, the person who performed the act of manu- 
mission was the patronus. In those cases where a 
slave obtained his freedom under the Senatuscon- 
sultum Silanianum, the Praetor could assign him 
a Patronus ; and if this was not done, that person 
was the Patron of whom the libertus had last been 
the slave. (Dig. 38. tit. 16. s. 3.) 

The patronal rights were somewhat restricted, 
when tie act of manumission was not altogether 
the free act of the manumissor. For instance, the 
Manumissor per fideicommissum had all the patro- 
nal rights, except the power to prosecute for ingra- 
titude, the right to be supported by the libertus, 
and to stipulate for munera and operae : his rights 
against the property of the libertus were however 
the same as those of any other manumissor. (Frag. 
Vat. § 225 ; Dig. 38. tit. 2. s. 29.) If a slave 
had given money to another person in order that 
this other person might purchase and manumit 
him, the manumissor had no patronal rights, and 
he lost even the name of patron, if he refused to 
perform the act for which he had received the 
money and allowed the slave to compel him to per- 
form his agreement, which the slave could do by a 
constitution of M. Aurelius and L. Verus. (Dig. 40. 
tit. 1. s. 4, 5.) If a master manumitted his slave 
in consideration of a sum of money, he retained all 
patronal rights, but he could not stipulate for operae. 
A person who purchased a slave, and on the occa- 
sion of the purchase agreed to manumit him, had 
all patronal rights, except the right of prosecuting 



PATRON US. 



PATRONUS. 



879 



for ingratitude, in case the slave compelled him to 
manumit pursuant to the constitution of M. Aure- 
lius and L. Verus. (Dig. 40. tit 9. 8. 30.) 

It was the duty of the patron to support his 
freedman in case of necessity, and if he did not, he 
lost his patronal rights : the consequence was the 
same if he brought a capital charge against him. 
The Lex Aelia Sentia, among its various provi- 
sions, contained several that related to the rights 
and duties of the patron. 

A capitis diminutio, either of the Patron or the 
Libertus, dissolved the relation between them. 
(See Tacit. Hist. ii. 92, where "jura libertorum " 
means "jura patronorum," or "jura in libertos.") 
The relation was dissolved when the Libertus 
obtained Ingenuitas by the Natalium Restitutio, 
but not when he merely obtained the jus aureorum 
annulorum. [Ingkncus.] 

The most important of the Patronal rights re- 
lated to the property of Liberti who died intestate 
or having made a testament. 

The subject, so far as concerns the Ante-Justi- 
nian period, may be distributed under the two fol- 
lowing heads : — 1. the ordinary rules of law, and 
2. the extraordinary : the former comprehend the 
rules of the old civil law, and the Edict on the 
Bonorum Posscssio ; and the latter, the Bonorum 
Possessio contra tabulas liberti and contra suos 
non naturales, the Bonorum Possessio contra tabu- 
las libertae, and the right to a virilis pars which 
was given by the Lex Papia Poppaea. 

By the law of the Twelve Tables, if a freedman 
died intestate, without sui heredes, the patronus 
was his heir. This right was viewed as a right of 
Agnation. The Legitima patronorum tutela was 
not expressly mentioned in the Twelve Tables, 
but it was a legal consequence of the rule as to 
inheritance. (Ulp. Frag. xi. 3.) In the case of an 
intestate liberta, who could not have a suus heres, 
the patron was heres. The Scnatusconsultum Orfi- 
tianum, which was passed after Oaius wrote (ML 
51), and in the last year but one of the reign of 
Mi Aurelius, made an alteration in this respect. 
The passage of Ulpian (Frag. xxix. 2), which was 
written when this Senatusconsultum was in force, 
says, that if a liberta died intestate, the patron suc- 
ceeded to her property, because a mother could not 
have sui heredes ; yet Ulpian himself (lib. 12, ad 
Xabinum; Dig. 38. tit. 17. s. 1) says, that whether 
the mother was Ingenua or Libertina, the children 
could succeed to her inheritance by the Senatus- 
consultum Orfitianum. This apparent contradic- 
tion is removed by the supposition that the Scna- 
tusconsultum gave the children in such cases an 
equal right with the patron. 

These patronal rights belonged both to a Patro- 
nus and a Patrons, and to the liberi of a Patronus. 
(Ulp. Frag, xxvii.) The male children of the pa- 
tronus had the same rights as the patronus himself ; 
but the females' had only the rights which the 
Twelve Tables gave to the males, and they had not 
the Bonorum Posscssio contra tabulas testamenti 
liberti aut ah intestato contra suos heredes non 
naturales, until these rights were given them by 
the Lex Papia Poppaea. (Ulp. Frag. xxix. 4, 5. ) 
A difficulty which is raised by a passage in Jus- 
tinian's legislation on the patronal rights is dis- 
cussed by Untcrholzncr. (Ziiliu-lirifl, v. p. 37.) It 
seems that the children of a Patrona had not by 
the Twelve Tabli-s the same righti a., t Ij ■ - • h 1 1 ■ i r> - 1 1 
of s Patronus, but the Lex Papia Poppaea probably 



made some change in this respect. (Zeitschrijt, v. 
p. 43, &c.) 

In order that these patronal rights should exist, 
it was necessary that the libertus must have been 
made free by a Roman citizen, and have become a 
Roman citizen by the act of manumission. Ac- 
cordingly, if a person obtained the citizenship, it 
was necessary that he should have a special grant 
of the jus patronatus, in order that he might have 
patronal rights against his then freedmen, who 
must also at the same time become Roman citizens. 
(Plin. Ep. x. 6.) A capitis diminutio, as already 
observed, either of the patron or the libertus, de- 
stroyed the patronal rights to the inheritance. 
(Gaius, iii. 51.) 

If there were several patroni or patronae, they 
divided the inheritance equally, though their shares 
in the libertus when a slave might have been un- 
equal. These patronal rights resembled a joint- 
tenancy in English Law, for the survivor or survi- 
vors of the patroni had all the patronal rights 
to the exclusion of any children of a deceased 
patronus. A son of a patron also claimed the in- 
heritance to the exclusion of the grandson of a 
patron. If the patroni were all dead, leaving several 

j children, the hereditas was divided among all the 
children equally (i« capita), pursuant to the law of 

i succession in the case of Agnation. (^Gaius, iii. 
16, 59, &c.) 

A Senatusconsultum, which was passed in the 
time of Claudius, allowed a patron to assign his 

I patronal rights to the inheritance of a libertus, to 

j any of his children whom he had in his power, to 
the exclusion of the rest. (Dig. 38. tit. 4.) 

The Edict extended the Bonorum Possessio to 
Patroni. The Patronal rights of the Civil Law 
were founded on an assumed Agnatio : those of the 
Edict were founded on an assumed Cognatio. The 
Edict called to the Bonorum Possessio of Liberti, 
1. their children ; 2. their heredes legit inn ; 3. their 
cognati, who must of course be descendants ; 4. the 
familia of the Patronus ; 5. the patronus and pa- 
trona, and their children and parents, by which 
provision was made in case the Patronus or Pa- 
trona had sustained a capitis diminutio, and so 
could not be called in the fourth order ; 6. the 
husband or wife of the freedwoman or freedman ; 

' 7. the cognati of the manumissor. 

Originally, if the freedman made a will, he could 
pass over ( jiruetcrire) the patron. But by the 
Edict, unless be left him as much as one half of 

, his property, the patron or his male children could 

, obtain the Bonorum possessio contra tabulas of 
one half of the property. If the libertus died 
intestate, leaving no suus heres, except an adopted 
child, or a wife in manu, or a nurus in the 
manus of his son, the patron had a bonorum 
possessio of one half against these sui heredes. 
lint if the libertus had children of his own blood 
(naturala) cither in his power at the time of his 
death or emancipated or given in adoption, and if 
these children were made heredes by his testament 
or being praelcriti claimed the Bonorum posscssio 
contra tabulas, the patron had no claim on the 
freedman 's property. The patron was not excluded, 
if the children of the freedman were exhercdated. 
(Gains, iii. 40; Dion Cuss. Ii. 15, and tho note 
of Reimanif.) 

By the Lex Papia Poppaea, if a freedman had a 
property amounting to n hundred thousand sestertii 
and fewer than three children, the patronus hud an 



880 



PATRONUS 



PECHUS. 



equal share (virilis pars) with the children, whether 
the freedman died testate or intestate ; and a 
patrona ingenua, who had three children, enjoyed 
the same privilege. Before the Lex Papia, Patronae 
had only the rights which the Twelve Tables gave 
them ; but this Lex put Ingenuae patronae who 
had two children, and Libertinae patronae who 
had three children, on the same footing with re- 
spect to the Bonorum possessio contra tabulas and 
with respect to an adopted son, a wife in manu, or 
a nurus in manu filii, as the Edict had placed Pa- 
troni. The Lex did the same for daughters of the 
Patronus who had three children. The Lex also 
gave to a Patrona ingenua, but not to a Libertina, 
who had three children, the same rights that it 
gave to a Patronus. . 

According to the old law, as the liberta was 
in the legitima tutela of her patron, she could make 
no disposition of her property without his consent 
(patrono auctore). The Lex Papia freed a liberta 
from this tutela, if she had four children, and she 
could consequently then make a will without the 
consent of her patronus, but the law provided that 
the patronus should have an equal share with her 
surviving children. 

In the case of a liberta dying intestate, the 
Lex Papia gave no further rights to a Patrona, 
who had children {liberis honoratae) than she had 
before ; and therefore if there had been no capitis 
diminutio of the Patrona or the Liberta, the Pa- 
trona inherited the property, even if she had no 
children, to the exclusion of the children of the 
liberta. If the liberta made a will, the Lex Papia 
gave to the Patrona, who had the number of chil- 
dren required by that law, the same rights which 
the Edict gave to the Patronus contra tabulas li- 
berti. The same Lex gave to the daughter of a 
patrOna, who had a single child, the same rights 
that the patronus had contra tabulas liberti. (Gaius, 
iii. S3 ; a passage which Unterholzner proposes to 
correct, but on very insufficient grounds, Zeitschrift, 
v. p. 45.) 

The rules of law as to the succession of the 
Patronus to the property of Latini Liberti differed 
in various respects from those that have been ex- 
plained. Being viewed as a peculium, it had the 
incidents of such property. It came to the extranei 
heredes of the manumissor, but not to his exhere- 
dated children, in both which respects it differed 
from the property of a Libertus who was a Civis 
Romanus. If there were several patrons, it came 
to them in proportion to their interests in the 
former slave, and it was consistent with this doc- 
trine that the share of a deceased patronus should 
go to his heres. The Senatusconsultum Largianum, 
which was passed in the time of Claudius, enacted 
that the property of Latini should go first to those 
who had manumitted them, then to their liberi 
who were not expressly exheredated, according to 
proximity, and then according to the old law, to 
the heredes of the manumissor. The only effect 
of this Senatusconsultum was to prefer liberi, who 
were not expressly exheredated, to extranei heredes. 
Accordingly, an emancipated son of the patronus, 
who was praeteritus, and who could not claim the 
Bonorum possessio of his father's property contra 
tabulas testamenti, had a claim to the property of 
a Latinus prior to the extranei heredes. 

As to the Dediticii under the Lex Aelia Sentia, 
there were two rules. The property of those who 
on their manumission would have become Roman 



citizens, but for the impediments thereto, came 
to their patroni as if they had been Roman citizens : 
they had not however the testamenti factio. The 
property of those, who on their manumission would 
have become Latini, but for the impediments thereto, 
came to their patroni as if they had been Latini : 
on this Gaius remarks that in this matter the 
legislator had not very clearly expressed his in- 
tentions. He had already made a similar remark 
as to a provision of the Lex Papia (iii. 47). 

As to the other meanings of the word Patronus, 
see Cliens and Orator. 

The subject of the Patronatus is one of con- 
siderable importance towards a right understanding 
of many parts of the Roman polity. This imperfect 
outline may be filled up by referring to the follow- 
ing authorities. (Gaius, iii. 39 — 76 ; Ulpian, Frag. 
tit. xxvii. xxix. ; Dig. 37. tit. 14, 15 ; 38. tit. 1, 2, 
3, &c. ; the Index to Paulus, Sent. Recept. ■ and for 
Justinian's legislation, Inst. 3. tit. 8, &c. ; Unter- 
holzner, Ueber das patronatische Erbrecht, Zeit- 
sclirift, v., and the article Gens, with the references 
in Rein, Das Rom. Privatrecht, p. 285, and in 
Walter, Geschichte des Rom. Rechts, pp. 507 — 516, 
and 684—689.) [G. L.] 

PAVIMENTUM. [Domus, p. 431, a ; Viae.] 

PAVONACEUM. [Tegula.] 

PAUPE'RIE, ACTIO DE. [Pauperies.] 

PAUPE'RIES was the legal term for mischief 
done by an animal (quadrupes) contrary to the 
nature of the animal, as if a man's ox gored an- 
other man. In such cases, the law of the Twelve 
Tables gave the injured person an action against 
the owner of the animal for the amount of the 
damage sustained. The owner was bound either 
to pay the full amount of damages or to give up 
the animal to the injured person (noxae dare). 
Pauperies excluded the notion of Injuria ; it is de- 
fined to be " damnum sine injuria facientis factum," 
for an animal could not be said to have done a 
thing " injuria, quod sensu caret." The actio de 
pauperie belonged to the class of Noxales Actiones. 
According to the old law, if a bear got away from 
his master, he was not liable ; because when the 
animal got away, it ceased to be the master's pro- 
perty. But the Aedile's edict declared that it 
was not lawful to keep a dog, boar, wild boar, 
bear, or lion, in any place which was a place of 
public resort. If this rule was violated, and any 
damage was done by one of these beasts to a free- 
man, the judex might condemn the owner in such 
sum as he should think to be " bonum et aequum." 
If damage was done to any thing else, the judex 
might condemn the owner in double the amount of 
the damage. There might also be an actio de 
pauperie in addition to the aedilitiae actiones. (Dig. 
9. tit. 1 ; Inst. 4. tit. 9.) [G. L.] 

PAUSA'RII, was the name given to the priests 
of Isis at Rome, because they were accustomed in 
the processions in honour of Isis to make pauses 
(pausae) at certain chapels or places, called man- 
siones, by the road's side, to sing hymns and per- 
form other sacred rites. (Orelli, Inscr. n. 1885 ; 
Spartian. Pescen. Nig. 6, Caracall. 9 ; Salm. ad 
loc.) 

The portisculus, or commander of the rowers in 
a vessel, was sometimes called pausarius (Sen. Ep. 
56), because the rowers began and ceased (pausa) 
their strokes according to his commands. [Portis- 
culus.] 

PECHUS (irrixvs). [Cubitus ; Mensura.] 



PBCULATUS. 



PEDUM. 



S31 



PECTEX (kt6is), a comb. The Greeks and 
Romans used combs made of bos-wood (Brunck, 
Anal. i. 221; Ovid. Fast. vi. 23; Mart. xiv. 25), 
which they obtained, as we do, from the shores of 
the Euxine sea. The mountain ridse of Cytorus 
in Galatia was particularly celebrated for this pro- 
duct. (Ovid. Met. iv. 311.) The Egyptians had 
ivory combs (Apul. Met. xi. p. 121, ed. Aldi ), 
which also came into use by degrees among the 
Romans. (Claudian, de Nvpt. Honor. 102.) The 
golden comb, ascribed to the goddesses, is of course 
imaginary. ( Callim. tn Lav. Pall. 31.) The wooden 
combs, found in Egyptian tombs, are toothed on 
one side only ; but the Greeks used them with 
teeth on both sides, as appears from the remains of 
combs found at Pompeii (Donaldson's Pompeii, 
vol. ii. pi. 78), and from the representation of three 
combs, exactly like our small-tooih combs, on the 
Amyclaean marbles. (Memoirs relating to Turkey, 
edited by Walpole, p. 452.) 

The principal use of the comb was for dressing 
the hair (Ovid. Amor. i. 14 15, Met. xii. 409), 
in doing which the Greeks of both sexes were re- 
markably careful and diligent. (Herod, vii. 208.) 
To go with uncombed hair was a sign of affliction. 
(Soph. Oed. Col. 1257.) 

A comb with iron teeth was used in corn-fields 
to separate the grain from the straw, whilst it 
was yet standing. (Col. de lie Hunt. ii. 21.) This 
method of reaping was called peetinare segetem. 
A painting in the sepulchral grotto of El Kab in 
Egypt represents a man combing flax for the pur- 
pose of separating the linseed from the stem. The 
rake used in making hay is called rarus pectcn 
(Ovid. Hem. Amor. 192), because its teeth are far 
ajar: ; but this may be only a poetical use of the 
term. 

Two portions of the Greek lyre were called the 
combs (Eratosth. Catader. 24) ; they may have 
been two rows of pegs, to which the strings were 
tied. The use of the comb in weaving, and the 
transference of its name to the plectrum, arc ex- 
plained under Tela. [J. Y.] 

PECUA'KII, the name given to persons who 
pastured their cattle on the public lands (pascua), 
for which they were bound to pay a tax to the 
state, called Scriptura. Dut in the earlier times 
of the republic many persons supported their cattle 
on the public pastures without paying this tax at 
nil, or paying less than was legally due ; and hence 
the word pecuarii was frequently employed to 
signify those persons who thus illegally made use 
of the public pastures. They were often prose- 
cuted by the acdilcs and fined (Ov. Fast, v. 283 — 
294 ; Liv. x. 23, 47, xxxiii. 42, xxxv. 10; Kcs- 
tus, p. 238, ed. Miiller.) 

PECULA'TUS is properly the misappropriation 
or theft of public property (pecunia publira), 
whether it was done by a functionary or by a 
private person. Labco defines it thus, "pecuniae 
publicae aut sacrae furtum, nnn ab eo factum, 
cujus pcriculo est." The person guilty of this 
offence was Peculator. Cicero I </•• ()]!'. iii. 18) 
enumerates Peculators with sicarii, vencfici, testa- 
nientarii and fures. The origin of the word ap- 
pears to be Pecus, a term which originally denoted 
that kind of movable property which was the chief 
sign of wealth. Originally trials for Peculatus were 
before the Populus, or before the Senate. (Liv. v. 
32, EXxrii. 57, xxtviii. 54.) In the time of 
Cicero matters of peculatus were one of the (Juaes 



tiones perpetuae. which imply some Lex de Pecu- 
late and such a Lex is by some writers enumerated 
among the Leges Sullanae, but without stating the 
authority for this assertion. Two Leges relating 
to Peculatus are cited in the Digest, Lex Julia 
Peculatus and Lex Julia de Residuis (Dig. 48. 
tit. 1 3) ; but these may be the same Lex, though 
quoted as two Leges, just as the Lex Julia de 
Adulteriis comprised a provision De Fundo Dotali, 
which chapter is often quoted as if it were a sepa- 
rate Lex. Matters relating to sacrilege were also 
comprised in the Lex Julia Peculatus (ne avis ex 
pecunia sacra, religiosa ptMicave au/erat, &c.) ; 
matters relating to the debasement of the coinage ; 
the erasing or cancelling of tabulae publicae, &c. 
The Lex de Residuis applied to those who had re- 
ceived public money- for public purposes and had 
retained it (apud quern pecunia publico resedit). 
The penalty under this Lex, on conviction, was a 
third part of the sum retained. The punishment 
which was originally aquae et ignis interdictio, was 
changed into Deportatio under the Empire: the 
offender lost all his rights, and his propertv was 
forfeited. (Inst. 4. tit. 18. § 9.) Under the" Em- 
pire sacrilege was punished with death. A " Sa- 
crilegus " is one who plunders public sacred 
places. (Rein, Das Criminalrecht der Homer, 
p. 672.) [G. L.] 

PECU'LIO, ACTIO DE. [Servus.] 

PECU'LIUM. [Servus.1 

PECU'LIUM CASTRENSE. [Patria Po- 

TESTAS.] 

PECU'NIA. [Xummi-s.] 
PECU'XIA. [Heres. p. 598, a.] 
PECU N I A CERTA. [ Obligationes, p. 818.] 
PECUNIAE REPETUXDAE. [Repe- 

TL'NDAE.] 

PEDA'XEUS JUDEX. [Judex Pedaneits.] 

PEDA'RII. [SKNATUa] 

PEDI'SEQUI, a class of slaves, whose duty 
was to follow their master when he went out of 
his house. This name does not appear to have 
been given to any slave, who accompanied his 
master ; but the pediscqui seem to have formed a 
special class, which was almost the lowest of all. 
(Xep. Attic. 13; Plaut. Mil. Glor. iv. 2. 18.) 
There was a similar class of female slaves, called 
pedisequae. (Plaut. Asia. i. 3. 31.) Compare 
Becker, Callus, vol. i. p. 101. 

PEDUM (xopwTj, Ao7(i)§iiA.or, Theocrit. vii. 43, 
128), a crook. The accompanying woodcut is 
taken from a painting found at Civita Vecchia. 
(Ant. d'ICrcoluno, vol. iii. tar. 53.) It shows the 




3 L 



882 



PELLIS. 



PENESTAE. 



crook in the hand of a shepherdess, who sits upon 
a rock, tending sheep and other cattle. (See also 

Woodcut to OSCILLUM.) 

On account of its connection with pastoral life 
the crook is continually seen in works of ancient 
art in the hands of Pan (Sil. Ital. Pun. xiii. 334), 
and of satyrs, fauns, and shepherds. It was also 
the usual attribute of Thalia, as the Muse of 
Pastoral poetry. (Combe, Anc. Marbles of Br. 
Museum, Part iii. pi. 5.) [J. Y.] 

PEGMA (Trrjyfxa), a pageant, i. e. an edifice of 
wood, consisting of two or more stages (tabulata), 
which were raised or depressed at pleasure by 
means of balance-weights (ponderibus reductis, 
Claudian, de Mallii Theod. Cons. 323—328 ; Sen. 
Epist. 89). These great machines were used in 
the Roman amphitheatres (Juv. iv. 121; Mart. i. 2. 
2; Sueton. Claud. 34), the gladiators who fought 
upon them heing called pegmares. (Calig. 26.) 
They were supported upon wheels so as to be 
drawn into the circus, glittering with silver and a 
profusion of wealth. (Plin. H. N. xxxiii. 3. s. 16.) 
At other times they exhibited a magnificent though 
dangerous (Vopisc. Carin. 15) display of fire- 
works. (Claudian, I. c.) Accidents sometimes hap- 
pened to the musicians and other performers who 
were carried upon them. (Phaedr. v. 7. 7.) 

The pegmata mentioned by Cicero (ad Att. iv. 8) 
may have been movable book-cases. [J. Y.] 

PEGMARES. [Pegma.] 

PELATAE (7re\aToi), are defined by Pollux 
(iii. 82) and other authorities to be free labourers 
working for hire, like the i&fjrej, in contradistinc- 
tion to the Helots and Penestae, who were bonds- 
men or serfs, having lost their freedom by conquest 
or otherwise. Aristotle (ap. Pilot, s. v. HeXdrai) 
thus connects their name with ireAas : rieAoTai, he 
says, from irtKas, olov eyyio~T<x Sia ireviav irpoa- 
iovrts : i. e. persons who are obliged by poverty 
to attach themselves to others. Timaeus (Lex 
Plat. s. v.) gives the same explanation. IleAaTijs-, 
6 avrl rpocpuv iirrfpeTaiv Ktxl irpoaweAdfav. In 
the later Greek writers, such as Dionysius of 
Halicarnassus, and Plutarch, the word is used for 
the Latin cliens, though the relations expressed 
by the two terms are by no means similar. Plu- 
tarch (Ages. c. 6) also uses the word rather loosely 
for Helots, and we are told of a nation of Illyrians 
(the Ardiaei) who possessed 300,000 Prospelatae, 
compared by Theopomp'us (ap. Ath. vi. p. 271, 
d. e.) with the Helots of Laconia. (Muller, Dor. 
iii. 4. § 7 ; Wachsmuth, Hellen. Alterthumsk. vol. i. 
pp. 361, 811, 2d ed. ; Hermann, Griech. Staatsal- 
terth. § 101, n. 9.) [R. W.] 

PELLEX. [Concubina.] 

PELLIS (Sep/xa, 8opa), the hide or skin of a 
quadruped. Before weaving was introduced into 
Europe there is reason to believe that its inhabit- 
ants were universally clothed in skins. The prac- 
tice continued among the less civilised nations 
(Virg. Georg. iii. 383 ; Tacit Germ. 17, 46; Ovid, 
Trist. iii. 10. 19), and is often ascribed by the 
poets to heroes and imaginary beings [Comp. 
Aegis; Nbbris.] The term oiavpa or o-itrvpva, 
denoted an article of domestic furniture, which was 
made by sewing together several goat-skins with 
the hair on. (Schol. in Aristoph. Aves, 122.) The 
sheep-skin (o'ia, vdicos, SitpBepct) was worn not 
only by the Lacedaemonian helots, but frequently 
by the laborious poor, as is still the case in many 
parts of Europe. The lamb-skin was called ap- 



pends, and a dress, supposed to have had a sheep- 
skin sewed to it below, Ken-want]. 

PELTA (ireXTTj), a small shield. Iphicrates, 
observing that the ancient Ci.ipeus was cumbrous 
and inconvenient, introduced among the Greeks 
a much smaller and lighter shield, from which 
those who bore it took the name of peltastae. 
f Exercitus, p. 487, b.] It consisted principally 
of a frame of wood or wickerwork (Xen. Anab. 
ii. 1. § 6 ), covered with skin or leather, without 
the metallic rim. [Antyx.] (Timaeus, Lex. 
Plat. s. v.) Light and small shields of a great 
variety of shapes were used by numerous nations 
before the adoption of them by the Greeks. The 
round target or cetra was a species of the Pelta, 
and was used especially by the people of Spain 
and Mauritania. [Cetra.] The Pelta is also 
said to have been quadrangular. (Schol. in Thucyd. 
ii. 29.) A light shield of similar construction was 
part of the national armour of Thrace (Thucyd. 
ii. 29; Eurip. Alces. 516, Rlies. 407; Max. Tyr. 
Diss, vii.) and of various parts of Asia, and was on 
this account attributed to the Amazons, in whose 
hands it appears on the works of ancient art some- 
times elliptic, as in the bronzes of Siris (woodcut, 
p. 712), and at other times variously sinuated on 
the margin, but most commonly with a semicir- 
cular indentation on one side (lunatis peltis, Virg. 
Aen. i. 490, xi. 663). An elegant form of the 
pelta is exhibited in the annexed woodcut, taken 
from a sepulchral urn in the Capitoline Museum at 
Rome, and representing Penthesileia, Queen of the 
Amazons, in the act of offering aid to Priam. 




PELTASTAE. [Exercitus, p. 487, b. ; 
Pelta.] 

PEN A'TES. See Diet, of Gr. and Rom. Diogr. 
and Myth. 

PENESTAE (ireveVrai), probably from 7reVc;<r- 
6ai, operari. (Dionys. ii. 9.) The Penestae of 
Thessaly are generally conceived to have stood in 
nearly the same relation to their Thessalian lords 
as the Helots of Laconia did to the Dorian Spar- 
tans, although their condition seems to have been 
on the whole superior. (Plat. Leg. vi. p. 776.) 
They were the descendants of the old Pelasgic or 
Aeolian inhabitants of Thessaly proper, and the 
following account is given of them by an author 



PENTATHLON*. 



PENTATHLON. 



883 



called Archemachus, in his Euboica. (Athcn. vi. 
p. 264.) " The Aeolian Boeotians who did not 
emigrate when their country Thessaly was con- 
quered by the Thessalians (compare Thuc. i. 12), 
surrendered themselves to the victors on condition 
that they should not he carried out of the country 
(whence, he adds, they were formerly called 
MepeV-rai, but afterwards Tlevitrrai), nor be put to 
death, but should cultivate the land for the new 
owners of the soil, paying by way of rent a portion 
of the produce of it : and many of them arc richer 
than their masters." They were also called 
AoTpeu. It appears then that they occupied an 
intermediate position between freemen and pur- 
chased slaves, being reduced to servitude by con- 
quest, and resembling, in their fixed payments, 
the 'EKTTjjtopioj of Attica. Moreover, they were 
not subject to the whole community, but belonged 
to particular houses, whence also they were called 
&tirtra\oiKfTai. They were very numerous, for 
instance, in the families of the Aleuadae and 
Scopadae. (Theocr. xvi. 3.5 ; Miiller, I)nr. iii. 4. 
§ 6.) We may add that amongst the Thessalian 
Penestae Theopompus includes the descendants of 
the conquered Magnesians and Perrhaebians 
(Athen. vi. p. 265), a statement which can only 
apply to a part of these nations, as, though reduced 
to dependence, they were not made entirely sub- 
ject. (Herod, viii. 132 ; Mull. /. c.) 

From a passage in Demosthenes (c. Arist. 687, 
1 ) it appears that the Penestae sometimes accom- 
panied their masters to battle, and fought on horse- 
back, as their knights or vassals: a circumstance 
which need not excite surprise, as Thessaly was 
so famous for cavalry. The Penestae of Thessaly 
also resembled the Laconiau Helots in another re- 
spect ; for they often rose up in arms against their 
lords. (Arist. I'ol. ii. 6.) There were Penestae 
amongst the Macedonians also. (Miiller, /. c. ; 
Wachsmuth, Altertliumsk. Ilcllen. vol. i. pp. 177, 
402, 403, 642, 2d cd. ; Thirlwall, Hint, of Greece, 
vol. i. p. 437; Clinton, Fast. Hell. Appendix, c. 
22.) [K. W.] 

PENICILLU& IT'ctura, No. VI.] 

PENTACOSIOMEDIMNI. [Census, p. 
208, «.] 

PENTADOP.ON. [Later.] 

IM.NT AKTE'KIS (irtirra^npls). [Olympia, 
p. 829,1k] 

PBNTALITHUS (irorcU.eos). [Gymna- 
sium, p. 882, a ; Tai.its.] 
PBNTASP ASTON. | Mai hina.] 

PENTATHLON (irfV-raflAoe, i/uinnuertium) 
was next to the pancratium the most beautiful of 
all athletic performances. (Herod, ix. 33 ; Paus. 
iii. II. j} 6.) It does not appear to havo been 
known in the heroic ages of Greece, although 
Apolludorus (ii. 4. § 4), according to the usual 
practice of later times, describes Perseus as killing 
Acrisius in the pentathlon, and although its inven- 
tion was attributed to Peleus. (Hchol. ad Pind. 
AVm. wi. II.) These accounts are fabulous ; the 
pentathlon wag not practised until ' the time when 
the great national games of Greece began to flourish. 
The person* engaged in it were called pentathli 
(■wimaBhm, ller.>d. ix. 75 ; Paus. i. 23. § 4). The 
pentathlon consisted of five distinct kinds of games, 
viz. leaping (aKua), the foot rare (op<S/ioi), the 
throwing of the discus (JShtkos), the throwing of the 
•pear (olytivvot or aKnmwv), and wrestling (ird\v ) 
(Schol. ad Plat. A mat. p. 135 ; Simonides in 



AnthoL Palat. vol. ii. p. 626, ed. Jacobs),- which 
were all performed in one day and in a certain 
order, one after the other, by the same athletac. 
(Schol. ad Soph. El. 69 1 ; Paus. iii. 1 1 . § 6.) The 
pentathlon was introduced in the Olympic games 
in OL 1 !i, and we may presume that soon after this 
it was also introduced at the other national games, 
as well as at some of the less important festivals, 
such as the Erotidia in Thespiae. (Biickh, Corp. 
Inscri/it. n. 1590.) 

The order in which the different games of the 
pentathlon followed one another has been the sub- 
ject of much discussion in modern times. The most 
probable opinion, however, is Bbckh's (Comment, 
ad Pind. Nem. viii 71, &fe), which has been adopted 
by Dissen, Krause, and others, although G. Her- 
mann has combated it in a little work called De 
Sogems Aetjinelae victoria quinquert. Lipsiae 1 822. 
The order adopted by Bbckh is as follows : — 
1. The aA/io. This was the most prominent part 
of the pentathlon, and was sometimes used to de- 
signate the whole game. It was accompanied by 
flute-music. (Paus. v. 7. § 4, v. 17. § 4.) Other 
writers, as Pausanias himself (vi. 14. § 5) and 
Plutarch (De Afus. c. 26) speak as if the whole 
pentathlon had been accompanied by the flute, but 
in these passages the whole game seems to be men- 
tioned instead of that particular one which formed 
the chief part of it 2. The foot-race. 3. The 
discus. 4. The throwing of the spear. 5. Wrest- 
ling. In later times, probably after 01. 77, the 
foot-race may have 1 ocn the fourth game instead of 
the second, so that the three games which gave to 
the pentathlon its peculiar character, viz. leaping, 
discus, and the spear, preceded the foot-race and 
wrestling, and thus formed the so-called -rpiayn6s. 
The foot-race of the pentathlon was probably the 
simple stadion or the diaulos, and not a race in 
armour as has been supposed by some ; for the 
statues of the victors in the pentathlon are never 
seen with a shield but only with the halteres, be- 
sides which it should be remembered that the race 
in armour was not introduced at Olympia until 
OL 65 (Paus. v. 8. § 3). while the pentathlon had 
been performed long before that time. It is more- 
over highly improbable that even after 01. 65 the 
race in armour should have formed a part of the 
pentathlon. In 01.38 the pentathlon for boys was 
introduced at Olympia, but it was only exhibited 
this one time and afterwards abolished. (Paus. 
v. !). § 1.) 

In leaping, racing, and in throwing the discus 
or spear, it was easy enough to decide who won 
the victory, even if several athletac took part in it 
and contended for the prize simultaneously. In 
wrestling, however, no more than two persons 
could be engaged together at a time, and it is not 
clear how the victory was decided, if there were 
several pairs of wrestlers. The arrangement pro- 
bably was, that if a man had conquered his an- 
tagonist, he might begin a fresh contest with a 
second, third. Ate, and he who thus conquered the 
greatest number of adversaries was the victor. It 
is difficult to conceive in what manner the prize, 
was awarded to the \ i. tnr in tin- wlmle pentathlon ; 
for an athlete might be conquerrd in one or two 
games and be victorious in the others, whereas it 
ran have occurred but seldom that one and the 
same man gamfld the victory in nil the five. Who 
of the pentathli then was the victor? Modern 
writers have said that the prize was either awarded 
3 I. 2 



884 PENTECOSTE. 



PEPLUM. 



to him who had been victorious in all the five games, 
or to the person who had conquered his antagonist 
in at least three of the games ; but nothing can be 
determined on this point with any certainty. That 
the decision as to who was to be rewarded was 
considered difficult by the Greeks themselves, seems 
to be implied by the fact that at Olympia there 
were three hellanodicae for the pentathlon alone. 
(Pa us. v. 9. § S.) 

As regards the rpiayjx6s mentioned above, several 
statements of ancient writers suggest, that the 
whole of the pentathlon was not always performed 
regularly and from beginning to end ; and the 
words by which they designate the abridged game, 
Tpiayn6s, aitorpia^dw, and toktI irtpitivai, lead us 
to suppose that the abridged contest only consisted 
of three games, and most probably of those three 
which gave to the pentathlon its peculiar character, 
viz. leaping and throwing the discus and the spear. 
(Dion Chrysost. A107. i. p. 279, ed. Reiske ; Schol. 
adAristid. ap. Phot. Cod. p. 409, Bekker ; Miiller, 
Ancient Art and its Rem. § 423. 3.) The reason 
for abridging the pentathlon in this manner may 
have been the wish to save time, or the circum- 
stance that athletae who had been conquered in 
the first three games were frequently discouraged, 
and declined continuing the contest. When the 
triagmos was introduced at Olympia is not men- 
tioned any where, but Krause infers with great 
probability from Pausanias (v. 9. § 3) that it was 
in 01. 77. 

The pentathlon required and developed very 
great elasticity of all parts of the body, whence it 
was principally performed by young men (Schol. 
ad Plat. Amat. p. 135, d, &c.) ; and it is probably 
owing to the fact, that this game gave to all parts 
of the body their harmonious development, that 
Aristotle (JRhet. i. 5) calls the pentathli the most 
handsome of all athletae. The pentathlon was for 
the same reason also regarded as very beneficial in 
a medical point of view, and the Elean Hysmon, 
who had from his childhood suffered from rheuma- 
tism, was cured by practising the pentathlon, and 
became one of the most distinguished athletae. 
(Paus. vi. 3. § 4.) (Compare G. Fr. Philipp, De 
Pentathlo sive Quinqztciiio Commentatio, Berlin, 
1827; Krause, Gymnastik und Agonistih der Ilel- 
lenen. pp. 476— 497.) [L. S.] 

PENTECO'NTERUS (irzvTi]>c6vTopos). [Na- 
Vis, p. 784, a.] 

PENTECOSTE (TrepTijKoo-n']), a duty of two 
per cent, levied upon all exports and imports at 
Athens. (Harpocr. s. v. UiVT-fiKomrj.) Thus, it 
was levied on corn (Demosth. c. Neaer. 1353) ; 
which, however, could only be imported, export- 
ation being prohibited by law (Demosth. c. Lacr. 
941) ; and also on woollen cloth, and other manu- 
factured goods. (Demosth. c. Mid. 558.) On im- 
ports the duty was payable on the unloading 
(Demosth. c. Lacr. 932) ; on exports, probably, 
when they were put on board. The money was 
collected by persons called vivrr]Koo-To\6yoi, who 
kept a book in which they entered all customs re- 
ceived. Demosthenes refers to their entry (a-jro- 
ypaf-h), to prove that a ship was not laden with 
more than a certain quantity of goods, (c. Pliorm. 
909.) The merchant who paid the duty was 
said TrtvT7]iiovT£viio6ai. All the customs appear 
to have been let to farm, and probably from year 
to year. They were let to the highest bidders by 
the ten iruArjTa'i, acting under the authority of the 



senate. The farmers were called reXavai, and were 
said aveioSai tV TTzvT-qKoariiv . They might either 
collect the duty themselves, or employ others for 
that purpose. Several persons often joined together 
in the speculation, in which case the principal, in 
whose name the bidding took place, and who was 
responsible to the state, was called apx^"vs or 
T(Xwvapx>)S. Sureties were usually required. 
(Demosth. c. Timocr. 713 ; Andoc. de Myst. 17, ed. 
Steph.) Whether the customs on different articles 
of merchandise were fanned altogether, or sepa- 
rately, does not appear. The corn-duty at least 
was kept distinct (Demosth. c. Neaer. 1353): and 
this was the case with another tax. (Aesch. c. 
Timarcli. 1 6.) With respect to the amount of the 
revenue derived from this source, the reader may 
consult Bockh (Pull. Econ. of Athens, p. 315, &c, 
2d ed.). The tt(ut7ikoi7t^ has been thought by 
some to be the same with the iXAiniviov, men- 
tioned by Pollux (viii. 1 32, ix. 30), but this was 
more probably a duty paid for the use of the har- 
bour, whether goods were unladen or not ; and was 
perhaps the same as the 4koto(Tt^, mentioned by 
Xenophon (de Rep. Ath. i. 17) a3 being paid by 
foreign ships entering the Peiraeeus, and alluded to 
by Aristophanes. {Vesp. 658.) Bdckh's conjec- 
ture, that, besides a personal harbour due, a duty 
was levied of one per cent, on all the goods on 
board, appears less probable ; for it would bo un- 
reasonable to exact a customs duty on goods not 
landed ; and, if they were to be landed, why 
should the ire!/T?j/cocrT7j be required in addition to 
the eKaroarri. [C. R. K.] 

PENTECOSTYS (irej>TT)Koo-rik). [Exerci- 
tus, p. 483, a.] 

PEPLUM (7re'irAos), a shawl, differing from 
the Chlamys in being much larger, and from the 
Pallium in being finer and thinner and also con- 
siderably larger. It was sometimes used as a 
cover to protect valuable articles of furniture (Horn. 
II. v. 194) or to adorn a throne (Od. vii. 96), but 
most commonly as a part of the dress of females 
(Horn. II. v. 315, 734, 735, viii. 384, Od. xv, 123 
— 128, iav6s, II. xiv. 178 ; Eurip. Hec. 1013, 
Med, 791 ; Theocrit. i. 33) ; although instances 
occur, even among the Greeks, in which it is worn 
by the other sex, unless we suppose the term to be 
in these instances improperly put for (papos. (Eurip. 
Ion, 1033 ; Theocrit. vii. 17.) In Persia and 
other Eastern countries the shawl was no doubt 
worn anciently, as it is at the present day, by 
both sexes. (Aeschyl. Pers. 204, 474, 1030, 1061.) 
Also in Bacchanalian processions it was worn by 
men both in allusion to Oriental habits, and because 
they then avowedly assumed the dress of females. 
(Eurip. Boxch. 783 — 791.) Women of high rank 
wore their shawls so long as to trail upon the ground. 
(TpaidSas lA/cetmreVAous, Horn. II. vi. 442 ; 'EAeVjj 
TavvirtirAos, Od. iv. 305.) Like all other pieces 
of cloth used for the Amictus, it was often 
fastened by means of a brooch [Fibula] (Soph. 
Track 920 ; Callim. Lav. Pall. 70 ; Apollon. 
Rhod. iii. 833), and was thus displayed upon the 
statues of female divinities, such as Diana (Brunck, 
Anal. iii. 206) and the goddess Rome. (Sidon.' 
Apollin. C'arm. v. 18.) Tt was, however, fre- 
quently worn without a brooch in the manner 
represented in the annexed woodcut, which is 
copied from one of Sir Wm. Hamilton's vases 
(vol. iii. pi. 58). Each of the females in this group 
wears a shift falling down to her feet [Tunica], 



PEPLUM. 



PER PIOX0RI5 CAPIONEM. 885 




and over it an ample shawl, which she passes en- 
tirely round her body and then throws the loose 
extremity of it over her left shoulder and behind 
her back, as is distinctly seen in the sitting figure. I 
The shawl was also often worn so as to cover the 
head while it enveloped the body, and more espe- 
cially on occasion of a funeral (see woodcuts, p. 
557), or of a marriage, when a very splendid shawl 
( iro<TT(5f, 1 Maeeab. i.27) was worn by the bride. 
The following woodcut (from Bartoli, Admir. Bom. 
Ant. pi. 57) may be supposed to represent the mo- 
ment when the bride, so veiled, is delivered to her 
husband at the door of the nuptial chamber. He 
wears the P ALLIUM only ; she has a long shift be- 
neath her shawl, and is supported by the pronuba. 




Thus veiled the poets represented Aurora and 
Night, but with this difference, that the one arose 
expanding a shawl dyed with saffron («poKojr«irAfu 
"Hois, Hon. //. viiL I, xxiii. 227), whereas a blank 
one enveloped the other (/»*Ad^ir«jrAos Ni<{, Eurip. 
/on, I 150). 

Of all the productions of the loom shawls were 
those on which the greatest skill and labour were 
bestowed, So various nnd tasteful were tin- sub- , 
jects which they represented, that porta delighted , 
to describe them. The art of weaving them was I 



entirely Oriental (f}ap§dpoiv itpatTfiaTa, Eurip. Ion, 
1 159) ; those of the most splendid dyes and curious 
workmanship were imported from Tyre and Sidon 
(Horn. //. vi. 289 — 294) : a whole book was written 
by Polemo "Concerning Hie Shawls at Carthage." 
(Athen. xii. p. 541.) Hence "Shawls" (ireirKoi, 
Clem. Alex. Strom, vi. 1. p. 736, ed. Potter) was 
one of the titles of works of an imaginative or 
descriptive character, and was adopted to intimate 
the variety of their subjects and the beautiful mode 
of displaying them. A book, intended to depict 
some of the characters in the Iliad, and denomi- 
nated " The Shawl," was ascribed to Aristotle. 
(Eustath. in 11. ii. 557.) Yarro also wrote a Peplo- 
graphj (iretrAo7pa<J)ia, Cic. ad All. XVL 11.) As 
a specimen of the subjects delineated a shawl may 
be mentioned, which exhibited the frame of the 
world. (Mart. Capella, L. vi. in Mattaire's Cor- 
jms Poetarum, vol. ii. p. 1446.) Euripides describes 
one which represented the sun, moon, and stars, 
and which, with various others containing hunting- 
pieces and a great variety of subjects, belonged to 
the temple of Apollo at Delphi, and wa3 used to 
form a magnificent tent for the purpose of an enter- 
tainment (/on, 1141 — 1162) ; for it is to be ob- 
served, that stores of shawls were not only kept by 
wealthy individuals (Horn. Od. xv. 104 — 108), 
but often constituted a very important part of the 
treasures of a temple (Eurip. Ion, 329, 330), having 
been presented to the divinity on numerous occa- 
sions by suppliants and devotees. (Horn. //. vi.271 
—304 ; Virg. Aen. i. 480, Cir. 21—35.) [Com- 
pare Donaria ; Panathksaea ; Pastopho- 

KUS.] [J. Y.] 

PER CONDICTIO'NEM. This Legis Actio, 
says Gaius, was so called because the plaintiff gave 
notice to the defendant to be present on the 
thirtieth day after the notice in order that a judex 
might be appointed. (Com p. Cell. x. 24.) It was 
; an actio in personam and applicable to those cases 
in which the plaintiff required the defendant to 
give something (qua intend it dari oportere). This 
Legis Actio was introduced by a Lex Silia in the 
case of a fixed sum of money (certa peennia), and 
by a Lex Calpumia in the case of any definite 
thing. Gaius observes that it does not appear why 
this form of action was needed, for in a case of 
u dari oportere " there was the Sacramcntum, and 
the Per Judicis postulationem. The name Con- 
ditio was applied to actiones in personam, after 
the legis actiones fell into disuse, though impro- 
perly, for the notice (drnuntiutio) whence the legis 
actio took its name was discontinued. (Gaius, ir. 
18, &c.) [G.L.] 

PER JUDICIS POSTULATIO'NEM was 
one of the I, mi* Actiones. The parage in (iaius 
in wanting in which this form of action is described. 
There arc some remarks on this Actio bv Puchta, 
Inri. ii. § 154, 162. [G. L. ] 

PER MANU8 IN.IECTIO NEM. [.Mams 
[iraono.] 

PER IM-onuris CAPICNEM or CAP- 
TIO N EM. This was one of the Legis Actiones 
or old Pornil of procedure, which in some cases 
was founded on custom (mm), in others on enact- 
ments (far). It was founded on military usage in 
the fnllowing cases. A soldier might seize as a 
pledge (pignut rtiperr) anything belonging to the 
I person who had to furnish the nes mililarr, in rase 
fir did not make the proper payments ; he might 
I also make a seizure in respect of the money due 



886 



PERA. 



PERGULA. 



to him for the purchase of a horse (aes equestre), 
and also in respect of the allowance for the food of 
his horse (aes hordearium), upon what belonged to 
the person whose duty it was to make the pay- 
ment. Originally, such payments were fixed upon 
particular persons, and not made out of the Aera- 
rium (Liv. i. 43 ; Gaius, iv. 27). The Law of the 
Twelve Tables allowed a pignoris capio in respect 
of pay due for the hire of a beast, when the hire 
money was intended for a sacrifice. By a special 
law (the name is not legible in the MS. of Gaius) 
the publicani had the right pignoris capionis in re- 
spect of vectigalia publica which were due by any 
lex. The thing was seized ( pignus capielmtur) 
with certain formal words, and for this reason it 
was by some considered to be a legis actio. Others 
did not allow it to be a legis actio, because the 
proceeding was extra jus, that is, not before the 
Praetor, and generally also in the absence of the 
person whose property was seized. The pignus 
could also be seized on a dies nefastus, or one on 
which a legis actio was not permitted. 

It appears from a passage of Gaius, in which he 
speaks of the legal fiction that was afterwards in- 
troduced into the Formula by which the publicani 
recovered the vectigalia, that the thing seized was 
only taken as a security and was redeemed by 
payment of the sum of money in respect of which 
it was seized. In case of non-payment, there must 
however have been a power of sale, and accordingly 
this pignoris capio resembled in all respects a 
pignus proper, except as to the want of consent on 
the part of the person whose property was seized. 
It does not appear whether this legis actio was the 
origin of the law of pledge, as subsequently de- 
veloped ; but it seems not improbable. (Gaius, iv. 
26, &c. ; Cic. Verr. iii. 11 ; Pignoris capio, Gell. 
vii. 10.) [G.L.] 

PERA, dim. PE'RULA (irfipa), a wallet, made 
of leather, worn suspended at the side by rustics 
and by travellers to carry their provisions (Mart, 
xiv. 81) and adopted in imitation of them by the 
Cynic philosophers. (.Diog. Laert. vi. 13 ; Brunek, 
Anal. i. 223, ii. 22, 28 ; Auson. Epig. S3.) The 




preceding woodcut is the representation of a goat- 
herd with his staff and wallet from the column of 
Theodosius, formerly at Constantinople. (Menes- 
trier, Description de la Col. Hist. Par. 1702. pi. 
16.) [J. Y.] 

PERDIJE'LLIO. [Majestas, p. 725.] 
PERDUELLIO'NIS DUU'MVJRI were two 
officers or judges appointed for the purpose of try- 
ing persons who were accused of the crime of 
perduellio. Niebuhr believes that they were the 
same as the quaestores parricidii, and Walter (Gesck. 
des Rom. Rechts, p. 24. note 19) agrees with him, 
though in a later part of his work (p. 855. note 
20) he admits that they were distinct. It ap- 
pears from a comparison of the following passages, 
— Liv. i. 26 ; Dig. i. tit. 2. s. 2. § 23 ; Fest. s. v. 
Parici and Sororium, — either that some of the 
ancient writers confound the duumviri perduel- 
lionis and the quaestores parricidii, or that, at 
least during the kingly period, they were the 
same persons ; for in giving an account of the 
same occurrence, some writers call the judges 
quaestores parricidii, while others call them duum- 
viri perduellionis. After the establishment of the 
republic, however, there can be no doubt that 
they were two distinct offices, for the quaestores 
were appointed regularly every year, whereas the 
duumviri were appointed very rarely and only 
in cases of emergency, as had been the case during 
the kingly period. (Liv. ii. 41, vi. 20 ; Dion Cass, 
xxxvii. 27.) Livy (i. 26) represents the duumviri 
perduellionis as being appointed by the kings, but 
from Junius Gracchanus (Dig. 1. tit. 13. s. 1 ; com- 
pare Tacit. Annal. xi. 22) it appears that they 
were proposed by the king and appointed by the 
populus (reges populi suffragio creabant). During 
the early part of the republic they were appointed 
by the comitia curiata, and afterwards by the 
comitia centuriata, on the proposal of the consuls. 
(Dig. 1. tit. 2. s. 2. § 23 ; Cic. pro Rabir. 4, &c.) 
In the case of Rabirius (b. c. 63), however, this 
custom was violated, as the duumviri were ap- 
pointed by the praetor instead of by the comitia 
centuriata. (Dion Cass. c. ; Cic. 1. c. ; Suet. Caes. 
12.) In the time of the emperors no duumviri 
perduellionis were ever appointed. 

The punishment for those who were found guilty 
of perduellio was death ; they were either hanged 
on the arbor infelix or thrown from the Tarpeian 
rock. But when the duumviri found a person 
guilty, he might appeal to the people (in early times 
the populus, afterwards the comitia centuriata), as 
was done in the first case which is on record (Liv. 
i. 26), and in the last, which is that of Rabirius, 
whom Cicero defended before the people in an 
oration still extant. Marcus Horatius who had 
slain his sister, was acquitted, but was neverthe- 
less obliged to undergo some symbolical punish- 
ment, as he had to pass under a yoke with his 
head covered. The house of those who were exe- 
cuted for perduellio, was razed to the ground, and 
their relatives were not allowed to mourn for them. 
(Dig. 3. tit. 2. s. 11. § 3 ; comp. Becker, Handbuch 
der Rom. Alterth. ii. 2. p. 329, &c.) [L. S.] 
PEREGRI'NUS. [Civitas (Roman.)] 
PE'RGULA, appears to have been a kind of 
booth or small house, which afforded scarcely any 
protection except by its roof, so that those who 
passed by could easily look into it. It served 
both as a workshop (Dig. 5. tit. 1. s. 19) and a 
stall where things were exhibited for sale. We 



PERIOECI. 



PERTOECI. 



807 



find, for instance, that painters exhibited their 
works in a pergula that they might be seen by 
those who passed by (Lucil. ap. Lactant. i. 2*2), 
and Apelles is said to have concealed himself in 
his pergula behind his pictures that he might over- 
hear the remarks of those who looked at them. 
(Plin. H. A*, xxxv. 36. § 12.) Such places were 
occupied by persons, who, either by working or 
sitting in them, wished to attract the attention of 
the public. (Salmas. ad Script. Hist. Aug. pp. 458, 
459.) Hence we find them inhabited by poor 
philosophers and grammarians who gave instruction 
and wished to attract notice in order to obtain 
pupils. (Suet. Auij. 94, de Illustr. Orammul. 18 ; 
Flav. Vopisc. Saturnin. 10 ; Juven. xi. 137.) 

It should be observed that scholars do not agree 
as to the real meaning of pergula : Scaliger (ad 
Plaid. Pseud. L "2. 79) describes it as a part of a 
house built out into the street, as in some old 
houses of modern times ; Ernesti (ad Suet. Aug. 
94) thinks that a pergula is a little room in the 
upper part of a house which was occasionally used 
by poor philosophers as an observatory. But neither 
of these two definitions i3 so applicable to ail the 
passages in which the word occurs as that which 
we have proposed. [L. S.] 

PERI ACTUS (irfpi'tucTov), a theatrical machine, 
consisting of three scenes, placed in the form of a 
triangle (or rather, triangular prism) on a revolving 
platform, so that, by simply turning the machine, 
the scene could be changed. It was chiefly used 
when a god was to be introduced with the accom- 
paniment of thunder. The name was also applied 
to the space which was provided for the machine 
in the erection of the theatre. (Vitruv. v. 7 ; 
Pollux, iv. 126.) [P.S.] 

PEKIDEIPNON (ireptSuiryoy). [Funus, 
p. 557, b.] 

P E H I D RO'.M I D ES. [ X ystus. ] 
PERIOECI (irtpi'oiKoi). This word properly 
denotes the inhabitants of a district lying around 
some particular locality, but is generally used to 
describe a dependent population, living without 
the walls or in the country provinces of a domin- 
ant city, and although personally free, deprived of 
the enjoyment of citizenship, and the political 
rights conferred by it. The words aiivoiKoi and 
/ie'roifcoi have an analogous meaning. 

A political condition such as that of the Periocci 
of (ireece, and like the vassalage of the Germanic 
nations, could hardly have originated in anything 
else than foreign conquest, and the Periocci of 
laconia furnish a striking illustration of this. 
Their origin dates from the Dorian conquest of the 
Peloponne.ni", when the old inhabiting of the 
country, the Achaians, submitted to their con- 
querors on certain conditions, by which, according 
to Ephorus (Strab. viii. p. 304 ), they were left 
in possession of their private rights of citizenship 
(laorifila), such as the right of intermarriage with 
the Dorians, and also of their political franchise. 
They suffered indeed a partial deprivation of their 
lands, and were obliged to submit to a king of 
foreign race, but still they remained equal in 
law to their conquerors, and were eligible to 
all offices of state except the sovereignity. 'Ia6- 
vopoi iitrixomi xal ttoAit«(oi «ol apx ,iwv - 
(Arnold. Thucyd. vol. i. p. 641.) Hut this state 
of thinga did not lust long : in the next generation 
al ter the conquest, cither from the lust of increased 
dominion on the part of the Dorians, or from an 



unsuccessful attempt by the Achaians to regain 
their independence, the relation between the two 
parties was changed. The Achaians were reduced 
from citizens to vassals ; the}- were made tributary 
to Sparta (<rvvTf\eis), and their lands were sub- 
jected to a tax, perhaps not so much for the sake 
of revenue as in token of their dependence (Ephor. 
/. c.) ; they lost their rights of citizenship (iVo- 
Ti/ii'o), such as that of intermarriage with the Do- 
rians, the right of voting in the general assembly, 
and their eligibility to important offices in the 
state, such as that of a senator, &lc. It does not, 
however, appear that the Perioeci (especially in the 
Historic times) were generally an oppressed peo- 
ple, though kept in a state of political inferiority 
to their conquerors. On the contrary, the most 
distinguished amongst them were admitted to offices 
of trust (Thucyd. viii. 61 ), and sometimes invested 
with naval command (Id. viii. 22), but probably 
only because they were better suited for it than the 
Spartans themselves, who did not set a high value on 
good sailorship. Moreover, the Perioeci sometimes 
served as heavy-armed soldiers or troops of the line : 
at the battle of Plataeae, for instance, they supplied 
10,000 men, 5000 hoplitcs and 5000 light-armed 
(Herod, be. 61), a circumstance which seems to 
imply a difference of rank connected with a dif- 
ference of occupation amongst the Perioeci them- 
selves. Again, at Sphacteria 292 prisoners were 
taken, of whom 120 were Spartans and the rest 
teploucoi. (Miiller, iii. 2. § 3.) We also read of 
KaAol nayaBol, " or accomplished and well-born " 
gentlemen, amongst the Perioeci serving as 
volunteers in the Spartan service. (Xcn. Hell. v. 
3. § 9.) But still it is not to be expected, it is 
not natural, that men competent to the discharge 
of high functions in a state, and bearing its 
burdens, should patiently submit to an exclusion 
from all political rights. Accordingly we find, that 
on the rising of the Helots in B.C. 464, some of 
the Periocci joined them. (Thucyd. i. 1 01.) When 
the Thebans invaded Laconia (b. c. 369), the 
Perioeci were ready to help them. (Xen. Hill. vi. 
5. § 25.) In connection with the insurrection of 
Cinadon we are told that ' the Perioeci were most 
bitter against the ruling Spartans. (Id. iii. 3. § 6.) 
From these and other facts (Clin. /•*. //. Append, 
xxii.) it appears that the Perioeci of Laconia, if 
not an oppressed, were sometimes a disaffected and 
discontented class ; though in cases of strong ex- 
citement, or of general danger to the whole of 
Greece, they identified themselves with their con- 
querors. The very relation indeed which subsisted 
between them was sufficient to produce in S|>arta a 
jealousy of her subjects, with corres|KUiding feelings 
on their part. Nor can we suppose that the Dorians 
would willingly permit the Periocci to acquire 
strength and opulence, or even to settle in lame 
towns. (Thirlwall, llist.i>f(lrrrce,\n\.\. p. 307.) In 
fact it is stated by [tOCratef il'minth. p. 307), that 
the Dorians intentionally weakened the Achaians 
by dispersing them over a great number of hamlets, 
which they called w<5a«is, though they were less 
powerful than the count!)* [>ari*hcs of Allien, and 
were nituated in the nio»t unproductive part.', of 
I>oconia, the best land of which was reserved for the 
Spartans. It is not, however, necessary to under- 
stand the orator as speaking of n uniform practice ; 
and another of his statements, to the effect that the 
Ephori could put any of the Perioeci to death 
(p. 271) without trial, is either a perversion of the 
.*) L 4 



8G8 



PERI0EC1. 



PERIOECI. 



truth, or arose from his confounding the Perioeci 
with the Helots. 

Still the grievances of the Perioeci were not 
after all intolerable, nor do they seem to have been 
treated with wantonness or insolence. The distance 
at which many of them lived from Sparta, must have 
rendered it impossible for them to share in the ad- 
ministration of the state, or to attend the public 
assemblies ; a circumstance which must in some 
measure have blunted their sense of their political 
inferiority. Nor were they subjected to the re- 
straints and severe discipline which the necessity 
of maintaining their political supremacy imposed 
upon the Spartans, making them more like an 
" army of occupation in a conquered country," or a 
" beleagured garrison," than a society of men 
united for civil government and mutual advantage. 
By way of compensation, too, the Perioeci enjoyed 
many advantages (though not considered as privi- 
leges) which the Spartans did not. The trade and 
manufactures of the country were exclusively in 
their hands, and carried on by them with the more 
facility and profit as they occupied maritime towns. 
The cultivation of the arts also, as well in the 
higher as in the lower departments, was confined 
to the Perioeci, the Spartans considering it beneath 
themselves ; and many distinguished artists, such 
as embossers and brass-founders, were found in the 
Laconian schools, all of whom were probably 
Perioeci. (Muller, Dor. iii. 2. § 3.) Nor is there 
wanting other evidence, though not altogether free 
from doubts, to show that the Spartan provincials 
were not in the least checked or shackled in the 
development of their intellectual powers. (Thirl- 
wall and Miiller, 11. cc.) Moreover, it seems natural 
to suppose that they enjoyed civil rights in the com- 
munities to which they belonged, and which other- 
wise would scarcely have been called Tr6\eis ■ but 
whether or no these cities had the power of elect- 
ing their own chief magistrate is a matter of conjec- 
ture. Ephorus, indeed (I. c), informs us that on the 
conquest of the Peloponnesus by the Dorians, they 
divided the country of Laconia into six districts, 
four of which were left in the possession of the 
Achaians, and governed by magistrates sent from 
Sparta ; but we do not know how long this prac- 
tice lasted, nor can we draw any conclusions with 
respect to the government of Laconia in general 
from the example of Cythera, to which a Spartan 
officer was annually sent under the peculiar title 
of KvOripuSiKris, or the " Justice of Cythera." 

The number of Laconian (as they are called) 
or subject cities, is said to have formerly amounted 
to 100. (Strab. viii. p. 362.) Several of them lay 
on the coast, as Gythium, the port of Sparta ; 
whence the whole coast of Laconia is called y 
irepiotKit. (Thucyd. iii. 16.) Many, however, lay 
more inland, as Thuria (Thucyd. i. 101) and 
Cardamyle, which seems to have belonged to the 
old Messenia. The inhabitants of the district of 
Sciros (ri 2/tipiTis), on the confines of Arcadia, seem 
to have been distinct from the other Perioeci 
(Xen. Hell. v. 2. § 24), and in battle were posted by 
themselves on the left wing. (Thucyd. v. 67.) An 
enumeration of the principal of these cities is given 
in Clinton. (Fast. Hell. App. c. 22.) The Perioeci 
also occupied the island of Cythera, at the port of 
which the Lacedaemonian merchants usually put 
in, on their voyages home from Egypt and Libye. 
(Thucyd. iv. 53, vii. 57.) We have said that 
the Perioeci living in these towns were the de- 



scendants of the old inhabitants of the country, but 
we must not suppose they were exclusively so. 
Some of them on the contrary were foreigners, 
who had either accompanied the Dorians on their 
invasion of Laconia, or been afterwards invited by 
them to supply the place of the dispossessed 
Achaians. One of these cities, Boia, is even said 
to have been founded by a Heracleid chief (Strab. 
p. 364) ; and another, Geronthrae, was peopled by 
colonists sent from Sparta, after it was evacuated 
by the old inhabitants. (Paus. iii. 22. § 5.) 

The number of Perioeci in the Persian war 
is thus determined by Clinton (I. c.) : — "At the 
battle of Plataeae in B. c. 479, the Perioeci supplied 
10,000 men. If we assume this proportion to be 
the same as that which the Spartan force bore to 
the whole number on the same occasion, or five- 
eighths of the whole number of citizens, this 
would give 16,000 for the males of full age, 
and the total population of this class of the 
inhabitants of Laconia would amount to about 
66,000 persons." 

In the later times of Spartan history, the 
Perioecian towns of the coast (Laconicae orae cas- 
tella et vici) were detached from Sparta by T. 
Quintius Flamininus, and placed under the protec- 
tion of the Achaian league. (Muller, iii. 2. § 1 ; 
Liv. xxxiv. 29, 30, xxxviii. 31.) Subsequently 
to this the emperor Augustus released 24 towns 
from their subjection to Sparta, and formed them 
into separate communities, under laws of their own. 
They were consequently called Eleuthero-Lacones. 
(Paus. iii. 21. § 6.) But even in the time of Pausa- 
nias some of the Laconian towns were not avro- 
vifxoi, but dependent upon Sparta (awTthovaai is 

A class of Perioeci, and also of Helots, has been 
said by Muller to be the basis of the Dorian form of 
government : we may therefore expect to find Peri- 
oeci amongst other Dorian communities, as well as at 
Sparta, as, for instance, Elis and Argos, and the 
Boeotian Thebes : the dependent towns of which 
states formed separate communities, as Thespiae 
under Thebes, the Tryphylian cities in Elis, and 
Orneae under Argos, though they could not be called 
avTovdfxoi. (Wachsmuth, i. 1. p. 161.) From the 
last mentioned town, which was long independent, 
but reduced about B. c. 580, all the Argive Perioeci 
derived their name of Orneatae. About the time 
of the Persian war, however, the inhabitants of the 
towns surrounding Argos were received into the 
city as o-vvoucoi, and admitted to the rights of 
citizenship ; a change which was attended with a 
revolution in the constitution of Argos, and gave 
additional force to its democracy. (Muller, iii. 4. 
§ 2.) The Dorian cities of Crete also had their 
Perioeci (Arist. Pol. ii. 7), as well as the colonies 
of Cyrene and Thera. (Herod, iv. 161.) 

The Perioeci of antiquity have been compared 
to other bodies, such as the plebs of Rome, and the 
communities of the Athenian demi or parishes. 
But the only resemblance they bore to the latter 
was in the similarity of their position relative to 
the chief city of their country, nor did the former 
body stand in the same relation to the Patricians 
as the Laconian provincials did to the Spartan 
citizens. Modern history furnishes fitter objects 
of comparison in the Norman conquest of England 
and the city of Augsburg. (Arnold, Thucyd. vol. i. 
App. 1 and 2.) The burghers or free citizens of 
Augsburg lived in the city, while there grew up 



PERISCELIS. 



PERSONA. 



889 



about them a distinct and large community living 
without the city, chiefly formed of the eman- 
cipated vassals of the dominant class, and called 
" Pfahlbiirger," or citizens of the u pale," the 
suburbs in which they lived being surrounded by 
pnlisades. The Norman conquest of England pre- 
sents a striking parallel to the Dorian conquest of 
Laconia, both in its achievement and consequences. 
The Saxons, like the old Achaians, were deprived 
of their lands, excluded from all offices of trust and 
dignity, and reduced, though personally free, to a 
state of political slaver)'. The Normans on the 
contrary, of whatever rank in their own country, 
were all nobles and warriors, compared with the 
conquered Saxons, and for a lung time enjoyed ex- 
clusively the civil and ecclesiastical administration 
of the land. 

For further details see Arnold, Thuci/d. lib. L c. 
101, and Appendix ii. ; Thierry, JJistoire de la 
Confuete de PAngleterre par les Normtmdt, Livrcs 
iv.— vii. [R. VV.] 

PERI'POLI (wfpfaoKot). [Ephebus.] 

pertpteros. [Te.mpi.l-m.] 

PERI'SCELIS .'irepio-KeAi's, Long. Past. i. 2 ; 
M mander, ap. I'olluc. ii. 194, v. 100, Hor. Ep.i. 
17. 56' ; Petmn. 67). Much controversy has arisen 
with regard to the true meaning of this word. 
The etymology points out merely that it was some- 
thing worn round the lee (ftpi <tk(\os), but from 
the context of the passage in Horace where it is 
found we must at once infer that it was a trinket. 
The Scholiast explains it as " ornamentum pedis 
circum crura," and hence we can scarcely doubt 
that it denotes an anklet or bangle, especially since 
we know that these were commonly wom not only 
by the Orientals, the Egyptians, and the Greeks, 
but by the Roman ladies also. (I'lin. //. A r . xxxiii. 
3. s. 12 ; compare Wilkinson's Ancient K<iypliuns, 
vol. iii. p. 374.) This explanation perfectly ac- 
cords with the expressions of Tertullian (de Cultu 
Feminarum, ii. sub tin.), where the jierisce/ium is 
spoken of as decorating the leg in the same manner 
as the bracelet adorns the wrist and the necklace 
the throat. The anklet is frequently represented 
in ill paintings of Greek figures on the walls of 
Pompeii, as in the following representation of a 
Ni-reiil. ( Muaeo IJurlonico, vol. vi. tav. xxxiv.) 




It must bo observed, however, that the Greek 
h 'tn 'M^raphera llesychius, I'hotius, and Suidns, in- 
larpret irtpir7ic«AT| and ir«pir7K»'Aia by Bpaxxia, 
<ptutv6\ta, anil St. .Jerome nil l-'ahml.) i t- 

pressly states that the (Irrek w»pi<7K«Arj wi re the 
some with the Latin /• minntin, that in, drawers 
reaching from the navel to the knees. In the 
Septuagint we find ir»pt<r*«Alt (jc, (vSuua) in 



Exod. xxriii. 42, xxxix. 28, Levit. vi. 10, and 
ircpio-KcAioe in Levit. xvi. 4, which our translators 
uniformly render, and apparently with accuracy, 
linen breeches. [ \\ '. R.J 

PERISTIARCHUS (jepiarlap X os). [Eccle- 
sla, p. 441, b.] 

PERISTRO'MA. [Tapes ; Velim.] 
PERISTY'LIUM ( irepitn-i/Aioj'), as its name 
implies, was a continued row or series of rows of 
columns all round a court or building, in contra- 
distinction to PorticL'S (o-to'o), in which the pillars 
did not surround a space, but were arranged in 
one or more parallel lines. The enclosed court 
was also called peristi/lium. The chief specific use 
of the word is in relation to the ancient dwelling- 
houses. [Domus, p. 428, a.] [P. S.] 
PERJU'RIUM. [Jusjurandum.] 
PERIZO'MA (irepifana). [SuBLIGACULVM.] 
PERU (apguATj, dim. apguAi'j ; KapSarw-n, Xen. 
Anab. iv. 5. § 14), a low boot of untanned hide 
(erudus, Virg. Aen. vii. 690 ; Brunck, Anal. i. 
230), worn by ploughmen (perotiutus aralor, Pers. 
v. 102) and shepherds, as exemplified in the wood- 
cut, at p. 808, and by others employed in rural occu- 
pations. (Juv. xiv. 186.) It had a strong sole 
(Theocrit. vii. 26), and was adapted to the foot 
with great exactness. (Galen, in Hippoc. Lib. iv.) 
It was also called 7r7)Ao7raTis on account of its 
adaptation for walking through clay and mire. 
In the Greek mythology Perseus was represented 
wearing boots of this description with wings at- 
tached to them. (Lycophron, 839.) Diana wore 
them, when accoutred forthechace. (Brunck, Anal. 
iii. 206.) [CoTHL'RNL'S.] 

The term apGOAi] is applied to an appendage to 
the Greek chariot. (Eurip. Ilippol. 1179, Here. 
Fur. 1275.) It seems to have been a shoe fast- 
ened to the bottom of the chariot, into which tho 
driver inserted his foot to assist him in driving and 
to prevent him from being thrown out. [J. Y.] 
PERPETUA ACTIO. [Actio.] 
PERSAE or STATUAE PKRSICAE wcro 
figures which were used in place of columns, like 
the Caryatides, Atlantes, and Telamones. The 
tradition respecting their invention is that they 
were first used in the J'orticus I'crsica which was 
built at Sparta out of the spoils of the battle of 
Plataeae (Vitniv. i. 1. § 6). Pausanias, however, 
(iii. 2) describes the statues of the conquered Per- 
sians, as bang ^t! ruv kiovuv. [P. S.] 
PKRSECUTO'RIA ACTIO. [Actio.] 
PERSU'NA {Intra, irpoawiruv or rpu<7a>irt7ov), 
a mask. Masks were worn by Greek and Roman 
actors in nearly all dramatic representations. This 
custom arose undoubtedly from the practice of 
smearing the face with certain juices and colours, 
and of appearing in disguise, at tin- festivals of 
Dionysus. | Dionvma. | Now as the Greek drama 
arose out of these festivals, it is highly probable 
that some mode of disguising the face was as old as 
the drama itself. Cliocrilus of Samos, however, is 
said to have been the first who introduced regular 
masks. (Suid. ». r. Xoipi'AAot. ) Other writers 
attribute the invention of masks to Thespis or 
A<-iw'h\lu.i (llornt. ud /'in. 2711), though the latter 
had probably only the merit of perfecting and com- 
pleting the whole theatrical apparatus and costume. 
I'hrvnichus is said to have first introduced femalo 
masks. (Suid. t.r. ♦piVixos.) Aristotle (Poet, ii. 
22) was unable to discover who had first intro- 
duced the use of musks in comedy. Some masks 



890 



PERSONA. 



PERSONA. 



covered, like the masks of modern times, only the 
face, but they appear more generally to have covered 
the whole head down to the shoulders, for we 
find always the hair belonging to a mask described 
as being a part of it ; and this must have been the 
case in tragedy more especially, as it was necessary 
to make the head correspond to the stature of an 
actor which was heightened by the cothurnus. 

I. Tragic Masks. It may at first seem strange 
to us, that the ancients, with their refined taste in 
the perception of the beautiful in form and expres- 
sion, should by the use of masks have deprived 
the spectators in their theatres of the possibility of 
observing the various expressions, of which the 
human face is capable, and which with us contri- 
bute so much to theatrical illusion. But it must be 
remembered, that in the large theatres of the an- 
cients it \vould have been impossible for the greater 
part of the audience to distinguish the natural 
features of an actor. The features of the masks 
were for this same reason very strong and marked. 
Again, the dramatis personae of most of the ancient 
tragedies were heroes or gods, and their characters 
were so well known to the spectators, that they 
were perfectly typical. Every one therefore knew 
immediately on the appearance of such a character 
on the stage, who it was, and it would have been 
difficult for a Greek audience to imagine that a 
god or hero should have had a face like that of 
an ordinary actor. The use of the cothurnus 
also rendered a proportionate enlargement of the 
countenance absolutely necessary, or else the figure 
of an actor would have been ridiculously dispro- 
portionate. Lastly, the solemn character of ancient 
tragedy did not admit of such a variety of exnajP' 
sions of the countenance as modern tragedies ;xhe 
object of which seems to be to exhibit the whole 
range of human passions in all their wild and self- 
devouring play. How widely different are the 
characters of ancient tragedy ! It is, as Miiller 
(Hist, of the Lit. of Anc. Greece, i. p. 298) justly 
remarks, perfectly possible to imagine, for example, 
the Orestes of Aeschylus, the Ajax of Sophocles, 
or the Medea of Euripides, throughout the whole 
tragedy with the same countenance, though it would 
be difficult to assert the same of a character in any 
modern drama. But there is no necessity for sup- 
posing that the actors appeared throughout a whole 
piece with the same countenance, for if circum- 
stances required it, they might surely change masks 
during the intervals between the acts of a piece. 
Whether the open or half-open mouth of a tragic 
mask also contributed to raise the voice of the actor, 
as Gellius (v. 7) thinks, cannot be decided here, 
though we know that all circumstances united to 
compel a tragic actor to acquire a loud and sonorous 
voice. 

The masks used in ancient tragedies were thus, 
for the most part, typical of certain characters, and 
consequently differed according to the age, sex, 
rank, and other peculiarities of the beings who 
were represented. Pollux, from whom we derive 
most of our information on this subject, enumerates 
(iv. 133, &c.) 25 typical or standing masks of 
tragedy, six for old men, seven for young men, 
nine for females, and three for slaves. The num- 
ber of masks which were not typical, but represented 
certain individuals with their personal peculiarities, 
such as the blind Thamyris, the hundred-eyed 
Argus, &c, must have been much more numerous, 
for Pollux by way of example mentions thirty of 



such peculiar masks. The standing masks of tra- 
gedy are divided by Pollux into five classes. 

1. Tragic masks for old men. The mask for the 
oldest man on the stage was called £upias avi\p, 
from the circumstance of the beard being smoothly 
shaved. The hair, which was in most cases attached 
to the masks, was white, and hung down with the 
exception of a part above the forehead, which rose 
in an acute angle, or in a round shape, and left the 
temples uncovered. This rising part of the hair 
was called oyicos. The cheeks of this mask were 
flat and hanging downwards. A second mask for 
old men, called Kzvkos acrjp, had grey hair, floating 
around the head in locks, a full beard and a promi- 
nent forehead, above which the hair formed a 
small oyicos. The countenance was probably pale, 
as the adjective seems to indicate. A third 
mask, called crirapToir6\ios, had black hair inter- 
spersed with grey, and was somewhat pale. It 
probably represented a hero of from 40 to SO years 
of age, and in a suffering condition. The fourth 
mask, fxi\a.s b.v J i\p, represented a hero in his full 
vigour, with black and curly hair and beard, strong 
features and a high oyicos. This was probably the 
mask for most of the tragic heroes who were not 
very much advanced in age. For a secondary class 
of heroes there were two other masks, the \av86s 
and the \av86Tspos aviip ; the former represented 
a fair man with floating locks, a low oyicos, and a 
good colour in his countenance ; the second or 
fairer man, was pale and of a sickly appearance. 

2. Tragic masks for young men. Among these 
are mentioned, 1. The vtavicncos irdyxpyo-Tos, a 
mask intended to represent a man who had just 
entered the age of manhood, and was yet unbearded, 
but of a blooming and brownish complexion, and 
with a rich head of hair. The name irdyxpw'os 
probably indicates that the mask might be used 
in a great variety of parts. 2. The veav'tcricos odkos, 
or £av86s or wrepoyicos, a fair youth of a haughty 
or impudent character ; his hair was curly and 
formed a high oyicos ; his character was indicated 
by his raised eye-brows. 3. NeaetV/cos irdpovkos, 
resembled the preceding mask, but was somewhat 
younger. The counterpart of these two was, 4. The 
a.na\6s, a young man of a delicate and white com- 
plexion, with fair locks and a cheerful countenance 
like tfiat of a youthful god. 5. Tlivap6s. There 
were two masks of this name, both representing 
young men of an irascible appearance, of yellow 
complexion and fair hair ; the one, however, was 
taller and younger, and his hair was more curly 
than that of the other. 6. 'Clxp^s, a mask quite 
pale, with hollow cheeks and fair floating hair. 
It was used to represent sick or wounded persons. 
7. The irdpwxpos might be used for the icdyxpv°" ros 
if this character was to be represented in a suffer- 
ing or melancholy situation. 

3. Tragic masks for male slaves. Pollux men- 
tions three, viz. the SicpBepias, which had no oyicos 
and wore a band round the smooth white hair. 
The countenance was pale, the beard gray, the 
nose sharp, and the expression of the eyes melan- 
choly. The a$-i\vo-K&yuv, or the pointed beard, re- 
presented a man in his best years, with a high and 
broad forehead, a high oyicos, hardened features, 
and a red face. The dvdoifios, or the pug-nose, wns 
an impudent face with fair rising hair, of a red 
colour and without beard. 

4. Tragic masks for female slaves. Of these five 
specimens are mentioned, viz. the iroAio KaTo/co/ios, 



PERSONA. 

in earlier times called irapaxpu/J-os, represented an 
old woman with long white hair, with noble but 
pale features, to indicate a person who had seen 
better days ; the 7poi5ioi' iKevBepov, an old freed - 
woman ; the ypa'tSiov oikcti/coV, the old domestic 
slave ; the oIk(tikov y.t<j&Kovpov, a domestic slave 
of middle age ; and lastly the 5i<p0€pn-<s, a young 
female slave. 

5. Tragic masks for free women. The first of these, 
called KardKOfios, represented a pale lady, with long 
black hair and a sad expression in her countenance. 
She generally shared the sufferings of the principal 
hero in a play. The second, called netroicovpos 
i>Xpi, resembled the former, with the exception 
that her hair was half shorn. She was a woman 
of middle age, and was probably intended to r -pre- 
Sent the wife of the chief hero, if he was not too 
advanced in age. The third is the (leaoKovpos 
irp6(T(paros, representing a newly married woman 
in full bloom with long and floating hair. The 
fourth is the Kovpi/xos irapBevos, a maiden of mature 
age, with short hair divided on the middle of the 
forehead, and lying smoothly around the head. 
The colour of her countenance was rather pale. 
There was another mask of the same name, but it 
differed from the former by the following circum- 
stances : — the hair was not divided on the forehead 
or curled, but wildly floating, to indicate that she 
had had much suffering to go through. The fast 
is the Kupr). or young girl. This mask represented 
the beauties of a maiden's face in their full bloom, 
such as the face of Danau, or any other great 
beauty was conceived to have been. 

The account which Pollux gives of the tragic 
masks comprehends a great number, but it is small 
in comparison with the great variety of masks which 
the Greeks must have used in their various trage- 
dies, for every hero and every god who was known 
to the Circeks as being of a particular character, 
must have been represented by a particular mask, 
so that the spectators were enabled to recognise 
him immediately on his appearance. For this 
very reason the countenances of the gods, heroes, 
and heroines, must, in point of beauty, have been 
as similar as possible to their representations in 
statues and paintings, to which the eyes of the 
(ireeks were accustomed ; and the distorted masks 
with widely open mouths, which are seen in great 
numbers among the paintings of ilerculancum and 
Pompeii (sec the annexed woodcut from Museo 
liorlmn. vol. i. tab. '21)) would give but a very in- 
adequate notion of 
the masks used at 
Athens during the 
most flourishim; pe- 
riod of the arts. All 
the representations 
nf tragic masks be- 
longing to this pe- 
riod, do not show v£-/ 
the slightest trace ^-*> 
(if exaggeration or 

distortion in the features of the countenance, and 
the mouth is nut opened wider than would lie neees- 
sary to enable a person to pronounce such sounds 
as oli or ha. In later times, however, distortions 
mid exaggerations were carried to a very great 
extent, but more particularly in comic masks, so 
that they in some degree were more caricatures 
than representations of ideal or real countenances. 
(ApoUaa i u. Apollm. v. 9. p. 195, cd. Olcur; 



PERSOXA. 



891 





Lucian, de Saliat. 27, Anach. 23, Xigrin. \ ],Somn' 
s. Gall. 26.) 

The annexed woodcut re- 
presents some masks, one ap- 
parently comic and the other 
tragic, which are placed at the 
feet of the choragus in the 
celebrated mosaic found at 
Pompeii. (Museo Dorljon. vol. 
ii. tab. 56 ; Gell, Pomp. vol. i. 
pi. 45.) 

II. Comic Masks. — In the old Attic comedy, 
in which living and distinguished persons were so 
often brought upon the stage, it was necessary that 
the masks, though to some extent they may have 
been caricatures, should in the main points be 
faithful portraits of the individuals whom they 
were intended to represent, as otherwise the object 
of the comic poets could not have been attained. 
The chorus on the other hand, as well as certain 
phantastic dramatis personae, rendered sometimes 
a complete masquerade necessary ; as in those cases 
when the choreutae appeared with the heads of 
birds or of frogs, &c. We may remark here, by 
the way, that the chorus of tragedy appeared gene- 
rally without masks, the Eumenides of Aeschylus 
being probably only an exception to the general 
rule. The masks of the characters in the old Attic 
comedy were therefore, on the whole, faithful to 
life, and free from the burlesque exaggerations which 
we see in the masks of later times. A change was 
made in the comic masks, when it was forbidden to 
represent in comedy the archon by imitating his 
person upon the stage (Schol. ad Aristoph. Nub. 
31), and still more, shortly after, by the extension 
of this law to all Athenian citizens. (Schol. ad 
Arutojih. Ac/t. 1149, Av. 1297; Suid. s.v. 'hini- 
piaxos.) The consequence of such laws was, that 
the masks henceforth, instead of individuals, repre- 
sented classes of men, i. c. they were masks typical 
of men of certain professions or trades, of a particu- 
lar age or station in life, and some were grotesque 
caricatures. A number of standing characters or 
masks was thus introduced in comedy. Pollux 
gives a list of such standing masks, which aro 
divided, like those of tragedy, into five classes. 

1. Comic masks for old men. Nine masks of 
this class arc mentioned. The mask representing 
the oldest man was called iramros vpirros : his 
head was shaved to the skin, he had a mild ex- 
pression about his eyebrows, his beard was thick, 
his cheeks hollow, and his eyes melancholy. His 
complexion was pale, and the whole expression of . 
the countenance was mild. 2. The TraTriror irtpos 
was of a more emaciated and more vehement ap- 
pearance, sad nnd pole ; he had hair on his head 
and a beard, but the hair was red and his ears 
broken. 3. The rryffiuv, likewise nn old man, 
with a thin crown of hair round his head, an aqui- 
line nose, and n flat countenance. His right eye- 
brow was highe r than the left. 4. The irptoGvrnt 
had a long and floating beard, and likewise a crown 
of hair round his head ; his eyebrows were raised, 
but his whole aspect was that of an idle man. 5. 
The ippmviot was bald-headed, but had a beard 
and raised eyebrows, nnd was of angry appearance. 
>i. The ■nnpvoGoiTKus resembled the mask called 
Xv«ro^i^8<ioi, but his lips were contorted, the eve- 
brows contracted, and the head without anv hair. 
7. The >.... •■ i'M.,,r, had a pointed beard, 
but was otherwise without hair. B. The cifrnvo- 



32 



PERSONA. 




■x&yoiv, or pointed beard, was likewise bald-headed, 
had extended eye-brows, and was looking ill-tem- 
pered. 9. The AvKOfiTjSetos had a thick beard, 
was conspicuous on account of his long chin, and 
the form of his eyebrows expressed great curiosity. 

The annexed comic 
mask, representing an old 
man, is taken from the 
Museo Borbon. vol. i. 
tab. A. 

2. Comic masks for 
young men. Pollux enu- 
merates ten masks of this 
kind. 1. The ndyxpVo'Tos 
formed the transition from 
the old to the young men ; 

he had but few wrinkles on his forehead, showed 
a muscular constitution {yvfxvacrnK6i), was rather 
red in the face, the upper part of his head was 
bald, his hair was red, and his eyebrows raised. 
2. The vtavicrKos ix4\as was younger than the pre- 
ceding one, and with low eyebrows. He repre- 
sented a young man of good education and fond of 
gymnastic exercises. 8. The veaviaKos ov\os, or 
the thick-haired young man, was young and hand- 
some, and of a blooming countenance, his eyebrows 
were extended, and there was only one wrinkle 
upon his forehead. 4. The veaviaKos a.ira\6s, his 
hair was like that of the irdyxpy<TTos, but he was 
the youngest of all, and represented a tender youth 
brought up in seclusion from the world. 5. The 
aypolnos or rustic young man, had a dark com- 
plexion, broad lips, a pug-nose, and a crown of hair 
round his head. 6. The imaeiCTos mparri&Tr\s 
or the formidable soldier, with black hair hanging 
over his forehead. 7. The iit'ureiaTos Sevrepos 
was the same as the preceding, only younger and 
of a fair complexion. 8. The nSXat, or the flatterer, 
and 9. The wapdo-iros or parasite were dark (com- 
pare Athen. vi. p. 237), and had aquiline noses. 
Both were apparently of a sympathising nature ; 
the parasite, however, had broken ears, was merry- 
looking, and had a wicked expression about his 
eyebrows. 10. The dKovitc6s represented a stranger 
in splendid attire, his beard was shaved and hi3 
cheeks pierced through. The ffuceKinds was another 
parasite. 

3. Comic maslcs for male slaves. Of this class 
seven masks are mentioned. 1. The mask repre- 
senting a very old man was called ndiriros, and had 
grey hair to indicate that he had obtained his 
liberty. 2. The riye/j-ibv depdiro>i> had his red hair 
platted, raised eyebrows, and a contracted forehead. 
He was among slaves the same character as the 
7rpe<rguT?js among freemen. 3. The Kara rpixtas, 
or Karai TeTpixojjUeVos, was half bald-headed, had 
red hair and raised eyebrows. 4. The ovAos 
Srtpdircov, or the thick-haired slave, had red hair 
and a red countenance ; he was without eyebrows, 
and had a distorted countenance. 5. The depdirwv 
ixiaos was bald-headed and had red hair. 6. The 
St(Epdira>v t4tti£ was bald-headed and dark, but 
had two or three slips of hair on his head and on 
his chin, and his countenance was distorted. 7. 
The e7ri(T6i<TTos rjyeniiiv, or the fierce-looking slave, 
resembled the 7)yejxwv Srepdirwu with the exception 
of the hair. 

4. Comic maslcs for old women. Pollux men- 
tions three, viz. the ypdiSiov lax vov or Aukoi'- 
viov, a tall woman with many but small wrinkles, 
and pale but with animated eyes ; the Trax^a 



PERSONA. 
ypavs, or the fat old woman with large wrinkles, 
and a band round her head keeping the hair to- 
gether ; and the ypaiSiof oiicovpov, or the domestic 
old woman. Her cheeks were hollow, and she had 
only two teeth on each side of her mouth. 

5. Comic masks for young women. Pollux men- 
tions fourteen, viz. — l.The yvv$i Aeim/cr;, or the 
talkative woman ; her hair was smoothly combed 
down, the eyebrows rather raised, and the com- 
plexion white. 2. The yvv^i ovX-q was only dis- 
tinguished for her fine head of hair. 3. The K6pt\ 
had her hair combed smoothly, had high and black 
eyebrows, and a white complexion. 4. The ipevSo- 
K6pi) had a whiter complexion than the former, her 
hair was bound up above the forehead, and she was 
intended to represent a young woman who had not 
been married more than once. 5. Another mask of 
the same name was only distinguished from the 
former by the irregular manner in which the hair 
was represented. 6. The o-n-apToir6\ios Ae/cnKiij, 
an elderly woman who had once been a prostitute, 
and whose hair was partly grey. 7. The iraWctKri 
resembled the former, but had a better head of 
hair. 8. The reAeioe kraipixov was more red in 
the face than the tyevSon6pT], and had locks about 
her ears. 9. The kraipiowv was of a less good ap- 
pearance, and wore a band round the head. 10. 
The Sidxpvo'os eraipa derived the name from the 
gold with which her hair was adorned. 11. The 
Sid/urpos eraipa, from the variegated band wound 
around her head. 12. The Ka^TrdSiou, from the cir- 
cumstance of her hair being dressed in such a man- 
ner that it stood upright upon the head in the form 
of a lampas. 13. The oSpa irepiKovpos represented 
a female slave newly bought and wearing only a 
white chiton. 14. The Trapatyri<pio'T6p was a slave 
distinguished by a pug-nose and her hair ; she 
attended upon hetaerae, and wore a crocus-coloured 
chiton. 

Numerous as these masks are, the list cannot by 
any means be considered as complete, for we know 
that there were other standing masks for persons 
following particular kinds of trade, which are not 
mentioned in Pollux. Maeson of Megara, for ex- 
ample, is said to have invented a peculiar mask 
called after his own name fxaiawv, another for a 
slave, and a third to represent a cook. (Athen. xiv. 
p. 659.) From this passage of Athenaeus we also 
learn that Stephanus of Byzantium wrote a work 
nep\ irpoadnrwv, 

III. Masks used in the Satyric Drama. 
The masks used in this species of the Greek drama 
were intended to represent Satyrs, Silenus, and 
similar companions of Dionysus, whence the ex- 
pressions of the countenances and the form of their 
heads may easily be imagined. Pollux only men- 
tions the grey-headed Satyr, the unbearded Satyr, 
Silenus, and the vdinros, and adds that the charac- 
ters of all the other Satyric masks either resembled 
these, or were sufficiently expressed in their names, 
e. g. the Papposilenus was an old man with a very 
predominant animal character. (Compare Eichstadt, 
de Dramate Comico-Satyrico, p. 81.) A grotesque 
mask of a Satyr, together with one of the finest 
specimens of a tragic mask, is contained in the 
Townly Gallery in the British Museum, and is re- 
presented on the following page. 

As regards the earliest representations of the re- 
gular drama among the Romans, it is expressly 
stated by Diomedes (iii. p. 486, ed. Putsch.), that 
masks were not used, but merely the galerus or 



PES. 




wig, and that Roscius Gallus, about the year 100 
B. c, was the first who introduced the use of masks. 
It should, however, be remembered that masks had 
been used long before that time in the Atellanae 
(Fcst. s. v. Personata), so that the innovation of 
Roscius must have been confined to the regular 
drama, that is, to tragedy and comedy. As for the 
forms of Roman masks, it may be presumed that, 
being introduced from Greece at so late a period, 
they had the same defects as those used in Greece 
at the time when the arts were in their decline, 
and this supposition is confirmed by all works of 
art, and the paintings of Herculancum and Pompeii, 
in which masks are represented ; for the masks 
appear unnaturally distorted and the mouth always 
wide open. The expressions of Roman writers 
also support this supposition. (Gellius, v. 7 ; Juv. 
iii. 175.) We may mention here that some of the 
oldest MSS. of Terence contain representations of 
Roman masks, and from these MSS. they have 
been copied in several modern editions of that poet, 
as in the edition published at Urbino in 1 7-6, i-.l, 
and in that of Dacier. The cut annexed contains 
representations of four of these masks prefixed to 
the Andria. 




When actors at Rome displeased their audience 
and were hissed, they were obliged to take off their 
masks ; but those who acted in the At> llanac were 
not obliged to do so. ( FcsL » . r. Personata Jabula ; 
luflrob. .W. ii- 7.) The Roman mimes never wore 
masks. (Mimis. ] (Compare Kr. De Kicoroni, 
JHssertatio de I/trris sreniri* rl FiffUfU comieis ant. 
Mom., Koine 1730 and 17-"><>, -Itn ; J-'r. Sti< \ i-, /A-.-r 
tat in ilr ni nvninif a/iwi linmmmi Ohginr. ) | I,. S. | 

I'F/HTICA, the pole, used by the AoRlMBN- 
xoHKs, was also called Detkmprda because it was 
ten feet long. On account of its use in assigning 
lands to the members of a colony, it is sometimes 
represented on medals by the side of the nuirnrial 
plough. (Propert iv. 1. SO.) [J. Y.| 

PE8 (*oiis), a font, the standard measure of 
Ungtb among the Greeks and Romans, as well as 
among nearly all other nations, both ancient and 



PETAURUM. 893 

modem. Very little needs to he added to what 
has been said of the Greek and Roman feet under 
Mknsura. 

The Romans applied the uncial division [As] to 
the foot, which thus contained 12 undue, whence 
our inches ; and many of the words used to express 
certain numbers of unciae are applied to the parts 
of the foot. (Veget. de He Milit. i. 5 ; Plin. H.N'. 
xxvii. 5. s. 11, xiii. 15.) It was also divided into 
1 6 diaiti (finger-breadths) : this mode of division 
was used especially by architects and land-sur- 
veyors, and is found on all the foot-measures that 
have come down to us. Pollex (the thumb), which 
is used in modern Latin for an inch, is not found 
in the ancient writers, but Pliny (H.N. xxvii. y, 
xv. 24, xiii. 23) uses the adjective pollicaris (of a 
thumb's breadth or thickness). 

From the analogy of the as, we have also dupon- 
dium for 2 feet (Colum. iii. 15, 6cc), and pes sester- 
tius for 2* feet. (Leg. XII. Tab., Tab. viii.) The 
chief subdivisions and multiples of the foot will be 
found mentioned under Mknsura, and more fully 
described in their proper places. (See also the 
Tables.) One itinerary measure, which has been 
omitted in its proper place, is the Leutja, or Leuct, 
which was a Gallic measure = 1500 passus or 1£ 
mile. (Ammian. Marc. xvi. 12; /fin. Antonin.) 
Stones are still found on the roads in France with 
distances marked on them in Leugae. [Miixiare.] 
The square foot (pes quadrutus) is called by 
Frontinus constratus, and by Boe'thius contractus. 
Frontinus applies the term quadrutus to the cubic 
foot, and the same, as a measure of capacity, was 
called Quadrantal. 

Certain peculiar foot-measures, differing from the 
ordinary ones, are mentioned by ancient writers. 
The Samian, which was the same as the Egyptian 
foot, is known from the length of the Egyptian 
cubit as derived from the Nilomcter (namely, 
17 7427057b' inches) to have contained 1 L '82852384 
inches, or more than 1 1 J inches. A larger foot 
than the common standard sccmB to have been 
used in Asia Minor. Heron (de Mens. p. 36'!i) 
names the Royal or Philaeterian foot as being 1G 
finger-breadths, and the Italian as 13J, and he also 
mentions a mile (/ii'Aioe) of 5-100 Italian or 4500 
royal feet Idcler supposes that the Italian foot 
means the common Roman, and the royal a Greek 
foot larger than the common standard, correspond- 
ing to the stadium of 7 to the mile, which had 
been introduced before Heron's time, namely, 
the tenth century. The Pes Drusianus or foot of 
Dnisus, contained 13£ Roman inches = 13' 1058 
English inches. It was used beyond the bound- 
aries of Italy for measuring land, and was the 
standnrd among the TuDgri in Lower Germany. 

(Husscy, on Ancient Weights, \i „ Appendix ; 
Wumi, de Pond, chaps, (i and 7 ; Ilockh's Metralog. 
Intmuih. pp. I. 'Hi, etc. ; ldi ler, I. amir n and I'M- 
rhrnmassr f Frc'rrt, Observations sur te Hajnmrt des 
Mcsures Oiecques ei des Afi$ure* /{oimttnrs, .Mem. 
de I'Acad. d'lnscrip. t. xxiv. pp. 551, &c. [i'.S.] 
PESS1 (irtiraoi). [ Imtki ncui.i.] 
I'l.'.-SI I.I S. [J iM \, p. ti'JIi, b. | 
PKTAUSMI'S (ir«TaAia^<ii). [ Exsimlm, 
p. 5 1 5, a. ] 
PETA8U& [Pilkus.] 
PBTAURI8TAR [PwAuaim.] 

I'll I .M ' KIJM (ni-ravpov, irirtvpov) is said by 
the (ireek grammarian* to have be n n pole or board, 
on which fowls roosted. (Hesych. ». r. ; Pollux, x. 



894 



PHALERA. 



PHARETRA. 



156.) We also find the name of Pctaurum in the 
Roman games, and considerable doubt has arisen 
respecting its meaning. It seems, however, to 
have been a hoard moving up and down, with a 
person at each end, and supported in the middle, 
something like our see-saw ; only it appears to 
have been much longer, and consequently went to 
a greater height than is common amongst us. 
Some writers describe it as a machine, from which 
those who exhibited were raised to a great height 
and then seemed to fly to the ground ; but this in- 
terpretation does not agree so well with the pas- 
sages of the ancient authors as the one previously 
mentioned. (Lucil. ap. Fest. s. v. Petaurist. ; Juv. 
xiv. 265 ; Mart. xi. 21. 3 ; Manil. v. 433.) The 
persons, who took part in this game, were called 
Petauristae or Petauristarii ; but this name seems 
to have been also applied in rather a wider signifi- 
cation. (Compare Petron. 53.) 
PETE'TOR. [Actor.] 

PETO'RRITUM, a four-wheeled carriage, 
which, like the Essedum, was adopted by the 
Romans in imitation of the Gauls. (Hor. Sat. i. 6. 
104.) It differed from the Harmamaxa in being 
uncovered. Its name is obviously compounded of 
petor, four, and rit, a wheel. Festus (s. «.) in ex- 
plaining this etymology observes that petor meant 
four in Oscan and in Aeolic Greek. There is no 
reason to question the truth of this remark ; hut, 
since Petor meant four in many other European 
languages, it is more probable that the Romans 
derived the name, together with the fashion of this 
vehicle, from the Gauls. Gellius (xv. 30) expressly 
says that it is a Gallic word. [J. Y.] 

PEZETAERI (Trefe'Tatpot). [Exercitus, p. 
488, b.] 

PHALANGAE or PALANGAE (<pd\ayyet), 
any long cylindrical pieces of wood, such as trunks 
or branches of trees (Herod, iii. 97 ; Plin. H. N. 
xii. 4. s. 8), truncheons (Plin. H. N. vii. 56. 
s. 57), and poles used to carry burthens. The 
carriers who used these poles were called phalan- 
garii (Gloss. Ant. s.v.), and also hemp/tori, tetra- 
phori, &c, according as they worked in parties of 
six, four, or two persons. 

The word was especially used to signify rollers 
placed under ships to move them on dry land, so 
as to draw them upon shore or into the water 
{Sovparioi KvXivSpOi, Brunck, Anal. iii. 89 ; Apoll. 
Rhod. i. 375—389). This was effected either by 
making use of the oars as levers, and at the same 
time fastening to the stern of the ship cables with 
a noose (/j.T)ptv8os), against which the sailors 
pressed with their breasts, as we see in our canal 
navigation (Orph. Argon. 239 — 249, 270 — 273), 
or by the use of machines. (Hor. Carm. i. 4. 2.) 
Rollers were employed in the same manner to 
move military engines (Caesar, Bell. Civ. ii. 10). 

PHALANX (<pdAayt). [Exercitus, pp. 482, b, 
488.] 

PHALA'RICA. [Hasta, p. 589, a.] 
PHA'LERA (<pd\apov), a boss, disc, or crescent 
of metal, in many cases of gold (Herod, i. 215 ; 
Athen. xii. p. 550 ; Claudian, Epig. 34) and beau- 
tifully wrought so as to be highly prized. (Cic. 
Verr. iv. 12.) Ornaments of this description, 
being used in pairs, are scarcely ever mentioned 
except in the plural number. The names for them 
are evidently formed from the term <pdXos, which 
is explained under Galea. (Compare Horn. 
xvi. 1 06.) Besides the metallic ornaments of the 



helmet similar decorations were sometimes, though 
very rarely, worn by warriors on other parts of 
their dress or armour, probably upon the breast. 
(Virg. Aen. ix. 359, 458.) The negro slaves who 
were kept by opulent Romans wore them sus- 
pended round their necks. (Sueton. Nero, 30.) 
Also the tiara of the king of Persia was thus 
adomed. (Aeschyl. Pers. 668.) But we most 
commonly read of phalerae as ornaments attached 
to the harness of horses (Xen. Hellen. iv. 1. § 39 ; 
Virg. Aen. v. 310 ; Gell. v. 5 ; Claudian, Epig. 36), 
especially about the head (afiwvKTrtpia <pd\apa, 
Soph. Oed. Col. 1069 ; Eurip. Suppl. 586 ; Greg. 
Cor. de Dialect, p. 508, ed. Schafer), and often worn 
as pendants (pensilia, Plin. H. N. xxxvii. 12. s. 
74), so as to produce a terrific effect when shaken 
by the rapid motions of the horse {turbantur pha- 
lerae, Claudian, in iv. Cons. Honor. 548). These 
ornaments were often bestowed upon horsemen by 
the Roman generals in the same manner as the 
Armilla, the Torques, the hasta pura [Hasta], 
and the crown of gold [Corona], in order to make 
a public and permanent acknowledgment of bravery 
and merit. (Juv. xvi. 60 ; Gell. ii. 11.) [J.Y.] 

PHALLUS. [Dionysia, p. 411, a.] 

PHALOS (<pd\os). [Galea.] 

PHARETRA {(papirpa, ap. Herod, (paperpewv), 
a quiver. A quiver, full of arrows, was the usual ac- 
companiment of the bow. [A Reus.] It was conse- 
quently part of the attire of every nation addicted 
to archery. Virgil applies to it the epithets Cressa, 
Lycia, T/ireissa (Georg. iii. 345, Aen. vii. 816, 
xi. 858) ; Ovid mentions the pharetratus Geta {De 
Ponto, i. 8. 6) ; Herodotus represents it as part 
of the ordinary armour of the Persians (vii. 61). 
The quiver, like the bow-case (cori/tus), was prin- 
cipally made of hide or leather (Herod, ii. 141), 
and was adorned with gold (Anacr. xiv. 6 ; aurata, 
Virg. Aen. iv. 138, xi. 858), painting (Ovid, 
Epist. Her. xxi. 173), and braiding {-noXippairrov, 
Theocrit. xxv. 265). It had a lid (wapa, Horn. 
II. iv. 116, Od. ix. 314), and was suspended 
from the right shoulder by a belt [Balteus], 
passing over the breast and behind the back. (Hes. 
I. c.) Its most common position was on the left 




PHAROS. 



PHASIS. 



895 



hip, in the usual place of the sword [Gladius], 
and consequently, as Pindar says, "under the 
elbow" (01. ii. 150. s. 91) or '■ under the arm" 
(inrwXeywv, Theocrit. xvii. 30). It was worn thus 
by the Scythians (Schol. in Pind. I.e.) and by the 
Egyptians (Wilkinson, Man. and Cast. vol. i. pp. 
311, 391), and is so represented in the preceding 
figure of the Amazon Dinomache, copied from a 
Greek vase. (Hope, Costume of the Ancients, i. 22.) 
The left-hand figure in the same woodcut is from 
one of the Aegina marbles. It is the statue of an 
Asiatic archer, whose quiver (fractured in the 
original) is suspended equally low, but with the 
opening towards his right elbow, so that it would 
be necessary for him in taking the arrows to pass 
his hand behind his body instead of before it. To 
this fashion was opposed the Cretan method of 
carrying the quiver, which i9 exemplified in the 
woodcut, p. 276, and is uniformly seen in the 
ancient statues of Diana. [J. Y.] 

PHARMACON GRAPHS (<papp.d K wv or <pap- 
ttiKt'tas yparpii), an indictment again9t one who 
caused the drath of another by poison, whether 
given with intent to kill or to obtain undue influ- 
ence. (Pollux, viii. 40, 117 ; Demosth. c. Aristocr. 
627 ; Argum. in Or. Antiph. Kariry. <papn.) It 
was tried by the court of Areiopagus. That the 
malicious intent was a necessary ingredient in the 
crime, may be gathered from the expressions Ik 
irpovoiat, 4{ iriSouKrii (cal irpoSouAijt, in Antiphon 
('.'-. iii. 112, ed. Steph.). The punishment was 
death, but might (no doubt) be mitigated by the 
court under palliating circumstances. We have 
examples of such yptvpal in the speech of Antiphon 
already cited, and that entitled *tpi rov xopfvrou. 
(Meier, Alt. 1'roc. p. 311.) Among the Greeks, 
women appear to have been mo9t addicted to this 
crime, as we learn from various passages in ancient 
authors. Such women are called (papnaKiSet and 
<papua.K(vTp'iat. Poisonous drugs were frequently 
administered as love potions, or for other purposes 
of a similar nature. Men whose minds were af- 
fected by them were said (papfianav . Wills made 
by a man under the influence of drugs (inrb <papud- 
kwv) were void at Athens. (Demosth. c. Steph. 
1133.) [C. R. K.] 

PHAROS or PHARU8 (<p<Jpo5), a light-house. 
The most celebrated light-house of antiquity was 
that situated at the entrance to the port of Alex- 
andria. It was built by Sostratus of Cnidos on an 
island, which bore the same name, by command of 
one of the Ptolemies, and at an expense of 1100 
talents. (PI in. //. ;V. xxxvi. 12 ; Steph. BjX. t.v. 
♦opoi ; Achill. Tat. v. 6.) It was square, con- 
structed of white stone, and with admirable art ; 
exceedingly lofty, and in all respects of great 
dimensions. (Caesar, Hell. fir. iii. 112.) It con- 
tained many stories (no\v6poipov, Strabo, xvii. 1. 
§ 6), which diminished in width from below up- 
wards. (Ilerodinn, iv. 3.) The upper stories had 
windows looking seawards, and torches or fires 
were kept burning in them by night in order to 
guide vessels into the hnrbour. ( Val. Place, vii. 
84 ; sec liartoli, Lite. Ant. iii. 12.) 

Pliny (I.e.) mentions the light-houses of Ostia 
and Havcnna, and says that there were similar 
towers nt many other places. They are repre- 
sented on the medals of Apamea and other mari- 
time cities. The name of Pharos was given to 
ikan in allusion to that at Alexandria, which was 
the model for their constru' lion. (Herod ion, I.e.; 



Sueton. Claud. 20 ; Brnnck, Anal. ii. 186.) The 
Pharos of Brundusium, for example, was, like that 
of Alexandria, an island with a light-house upon 
it. (Mela, ii. 7. § 13 ; Steph. Byz. I. c.) Suetonius 
(Tiber. 74) mentions another pharos at Capreae. 

The annexed woodcut shows two phari remain- 
ing in Britain. The first is within the precincts 
of Dover Castle. It is about 40 feet high, octago- 
nal externally, tapering from below upwards, and 
built with narrow courses of brick and much wider 
courses of stone in alternate portions. The space 
within the tower is square, the sides of the octagon 
without and of the square within being equal, viz., 
each 15 Roman feet. The door is seen at the 
bottom. (Stukely, /tin. C 'urios. p. 129.) A similar 
pharos formerly existed at Boulogne, and i9 sup- 
posed to have been built by Caligula. (Sueton. Calig. 
46 ; Montfaucon, Supplem. vol. iv. L. vi. 3, 4.) The 
round tower here introduced is on the summit of a 
hill on the coast of Flintshire. (Pennant, Par. of 
Wkiieford and f/o/yicell, p. 112.) [J. Y.] 




PHAROS (ipapos). [Pallium.] 

PHASE'LUS (<pdtTT)Kos), was a vessel rather 
long and narrow, apparently so called from its re- 
semblance to the shape of a phasclus or kidney- 
bean. It was chiefly used by the Egyptians, 
and was of various sizes, from a mere boat to a 
vessel adapted for long voyages. (Virg. G'eora. iv. 
289 ; Catull. 4 ; Martial," x. 30. 13 ; Cic. ad Alt. 
i. 13.) Octavia sent ten triremes of this kind, 
which she had obtained from Antony, to assist her 
brother Octavianus ; and Appian (Hell. Civ. v. 95) 
describes them as a kind of medium between the 
ships of war and the common transport or merchant 
vessels. The phaselus was built for speed (Catull. 
/. c. phaselus iUe — navium eelerrimus), to which inoro 
attention seems to have been paid than to its 
strength ; whence the epithet fraijUis is given to 
it by Horace. (Carm. iii. 2. 27, 211.) These ves- 
sels were sometimes made of clay ( ftctitihus phaselis, 
Juv. xv. 127), to which the epithet of Horace may 
perhaps also refer. 

PHASIS (<pdan) h was one. of the various me- 
thods by which public offenders nt Athens might 
be prosecuted ; but the word is often used to de- 
note any kind of information ; as Pollux (viii. 4 7) 
says, Kniviii ipdtrfit ixaAovmo iruacu ai fii)yv<rtit 
rwn \a»6av6vrwv aSiK-n^drwr. (See Ari*to|ih. Ay. 
3011, and Arhnrn. 1123, 1126, where the word <pai>. 
rd(u is used in the same sense ns tpaivu.) The 
word <ruK'><pa'eT7)i j s derived from the practice of 
laying information against those who exported figs. 

[SVCOPHANTBH. ) 

Though it is certain that the tpdtrtt was distin- 
guished from other methods of prosecution (De- 
mosth. c. Aritloij. 793 ; Inocr. c. Callim. 375, ed. 



896 



PHASIS. 



PHONOS. 



Stepli.), we are not informed in wliat its peculiari- 
ties consisted. According to Pollux (I. c), it 
might be brought against those who committed 
offences against the mine laws, or the customs, or 
any other part of the revenue ; against any persons 
who brought false accusations against others for 
such offences ; and against guardians who injured 
their wards. The charge, as in the ypacp)], was 
made in writing (eV ypajUjucpreiiji), with the name 
of the prosecutor, and the proposed penalty {Tifir\txa) 
affixed, and also the names of the KA7jT7)pei. The 
same author says, iipaivovTO be irpbs rbv Hpxovra. 
Here we must either understand the word dpxovra 
to be used in a more general sense, as denoting 
any magistrate to whom a jurisdiction belonged, or 
read with Schb'mann (de Comit. 178) tovs apxovras. 
For it is clear that the archon was not the only 
person before whom a (pdats might be preferred. 
In cases where corn had been carried to a foreign 
port, or money lent on a ship which did not bring 
a return cargo to Athens, and probably in all cases 
of offence against the export and import laws, the 
information was laid before the em/ieA-riTal tov 
ifXTTopiov. (Demosth. c. Theocr. 1323.) Where 
public money had been embezzled, or illegally ap- 
propriated, for which a <pa<n? was maintainable, 
the <rvv5iKoi were the presiding magistrates. (Isocr. 
c. Callim. 372 ; Lys. de Pull. Pecun. 149, de 
Aristoph. lion. 154, ed. Steph.) Offences relating 
to the mines came before the thesmothetae. (Meier, 
Atl. Proc. p. 64.) Injuries done by guardians to their 
wards or wards' estate, whether a public prosecu- 
tion or a civil action was resorted to, belonged to 
the jurisdiction of the archon, whose duty it was to 
protect orphans. (Suidas. s. v. 4>oiriS ; Demosth. c. 
Onet. 865, c. Lacr. 940, c. Nausim. 991.) All 
<pdaeis were tiixtjtoI aywves, according to Pollux 
(viii. 48), and he says to Ti/j.ri6ev eyiyvero toiv 
aSiKov/j.evwv, el leal &X\os virep avrwv <pi]veiev. 
By this we are to understand that the Tifi^a went 
to the state, if the prosecution was one of a purely 
public nature, that is, where the offence imme- 
diately affected the state ; but where it was of a 
mixed nature, as where a private person was in- 
jured, and the state only indirectly, in such case 
compensation was awarded to the private person. 
This was the case in prosecutions against fraudulent 
guardians. On the same ground, wherever the 
prosecutor had an interest in the cause, beyond 
that which he might feel as the vindicator of public 
justice ; as where he, or some third person on 
whose behalf he interposed, was the party directly 
injured, and might reap advantage from the result ; 
he Was liable to the iircogeXia, and also to the pay- 
ment of the irpvTavela, just as he would be in a 
private action. Probably this liability attached 
upon informations for carrying corn to a foreign 
port, as the informer there got half the penalty if 
successful. (Demosth. c. Theocr. 1325.) Where 
the (pdcris was of a purely public nature, the pro- 
secutor would be subject only to the payment of 
the irapdo-raffis, and to the thousand drachms, if 
he failed to obtain a fifth part of the votes, accord- 
ing to the common practice in criminal causes. 
(Demosth. c. Theocr. 1323.) Whether in those of 
a mixed nature he was liable to these payments, 
as well as to the irpvTavela and eTruSeAla, is a 
question which has been much discussed, but can- 
not be settled. We have no speech left us by the 
orators on the subject of a <pdais, but only mention 
of a lost speech of Lysias irpbs t)]v (paatv rod 



op<paviKov o"ikov. (See Bb'ckh, Pvhl. Ecoli. cf 
Athens, p. 368, &c. 2d ed. ; Meier, Alt. Proc. 
pp. 247—252, 732 ; Platner, Proc. und Kl. vol. 
ii. pp. 9— 17.) [C.R.K.] 

PHEIDI'TIA (^eiSiVia). [Syssitia.] 

PHENACE (<pevdKTi). [Coma, p. 330, a.] 

PHERNE (<pepi>7)). [Dos.] 

PHIALA. [Patera.] 

PHONOS (<p6vos), Homicide, was either eicov- 
ffios or aKovcrios, a distinction which corresponds in 
some measure, but not exactly, with our murder 
and manslaughter ; for the (pSvos lnovaios might 
fall within the description of justifiable homicide, 
while <p6vos anovo-ws might be excusable homicide. 
According to the different circumstances under 
which the homicide was committed, the tribunal 
to which the case was referred, and the modes of 
proceeding at Athens, varied. All cases of murder 
(with one exception, to be hereafter noticed) were 
tried by the court of Areiopagus ; other cases of 
homicide were (by the statutes of Draco) to be 
tried by the etperai. All (poviKal S'ucat belonged 
to the jurisdiction of the apx^" PaaiAevs as yye- 
jiwv bacao-TTipiov. He was anciently the sole judge 
in cases of unintentional homicide ; for such an act 
was considered in a religious point of view, as 
being a pollution of the city ; and it became his 
duty, as guardian of religion, to take care that the 
pollution (i.yos) was duly expiated. Draco, how- 
ever, established the e<perai, first as a court of 
appeal from the apx">v fiaciAevs ; and soon after 
they began to perform the office of Si/cacrral, he 
being the presiding magistrate. (Suidas, s. v. 'Hye- 
[iovla. Sixoo-TTjpi'ou ; Pollux, viii. 90, 125.) In 
discussing this subject we have to consider the 
various courts established at Athens for the trial of 
homicide, the different species of crime therein re- 
spectively prosecuted, the manner of proceeding 
against the criminal, and the nature of the punish- 
ment to which he was liable. «A11 these points 
are fully discussed by Matthiae in his treatise de 
Judiciis Athen. in the Miscellanea Philologica, 
vol. i., to which more particular references are 
given in this article. 

Solon, who seems to have remodelled the court 
of Areiopagus, enacted that this court should try 
cases of murder and malicious wounding, besides 
arson and poisoning. (Demosth. c. Aristocr. 627.) 
One would be deemed a murderer, who instigated 
another to commit the deed, provided the purpose 
were accomplished. (Demosth. c.Conon. 1264, 1 265; 
Matth. p. 148.) Besides the court of Areiopagus, 
there were four other courts, of which the ecperai 
were judges ; rb eVl TlaWabiai, to eirl Af A<f>ici'(f>, rb 
iirl TlpvTaveiiii, and rb ev <f>peaTTOi. (Harpocr. et 
Suid. s. v. 'Ecperai.) To the court eVl IlaWaStw 
belonged cases of accidental homicide, manslaughter, 
and attempts to commit murder (PovAevaeis). Such 
a case as that mentioned by Demosthenes (c. Neaer. 
1348) of an unlawful blow followed by death, 
would be manslaughter. It seems also that this 
court had a concurrent jurisdiction with the Areio- 
pagus in charges of murderous conspirac} r , which 
was carried into effect. The law perhaps allowed 
the prosecutor to waive the heavier charge, and 
proceed against the offender for the conspiracy 
only. (Harpocr. s.v. BovAevo-ews ; Antiph. rerpaA. 
126, ed. Steph. ; Matth. p. 150.) As to the sup- 
posed origin of this court, see Harpocr. s. v. 'E-wl 
naXAaSiui • Pollux, viii. 118. To the court eirl 
Ae\<pivitf were referred cases where the party con- 



PHONOS. 



PHONOS. 



897 



fessed the deed, but justified it ; &v Tts uno\oyii 
fitv KTe7vai, ivvofius oe tpri oeopanei/ai. Demo- 
sthenes calls it ayidrarov Kal tppiKaOttTTarov (c. 
Aristocr. 644 ; Harpocr. s. v. 'Etti &z\<pivitp ■ Pol- 
lux, viii. 119). As to the origin of this court see 
Matth. p. 152. In the to t'xt ripi/rof dtp the objects 
of prosecution were inanimate things, as wood, 
stone, or iron, which had caused the death of a 
man by falling on him. (Harpocr. s. v. 'EttI Upvra- 
veitp ; Pollux, viii. 120 ; Demosth. c. Aristocr. 645.) 
Draco enacted that the cause of death should be cast 
out of the boundaries of the land ({nrepopi£eo-8ai), 
in which ceremony the &px"v 0atxt\(vs was as- 
sisted by the <pv\o§atjt\eis. (Meier, Alt. /'roc. p. 
117; Suidas, s. is N'mwv ■ Aesch. c. Ctesiph. 88, ed. 
Steph.) This was a relic of very rude times, and 
may be not inaptly compared with our custom of 
giving deodands. Matthiae (p. 1 54) thinks there 
was an ulterior object in the investigation, viz., that 
by the production of the instrument by which 
death was inflicted, a clue might be found to the 
discovery of the real murderer, if any. The court 
in tppea.TTo't was reserved for a peculiar case ; where 
a man, after going into exile for an unintentional 
homicide, and before he had appeased the relations 
of the deceased, was charged with having com- 
mitted murder. He was brought in a ship to a 
place in the harbour called (v tppeaTTot, and there 
pleaded his cause on board ship, while the judges 
remained on land. If he was convicted, he suf- 
fered the punishment of murder ; if acquitted, he 
suffered the remainder of his former punishment. 
The object of this contrivance was to avoid pollu- 
tion (for the crime of the first act had not yet been 
expiated), and at the same time to bring the second 
offence to trial. (Demosth. c. Aristocr. 646 ; Har- 
pocr. t, r. ' Ey tppearTot ■ Pollux, viii. 120 ; Matth. 
p. 155.) 

To one or other of these courts all tpoviKal 5i'«ai 
were sent for trial ; and it was the business of the 
6.pxtnv /3a<riAeus to decide which. The task of pro- 
secution devolved upon the nearest relatives of the 
deceased ; and in case of a slave, upon the master. 
To neglect to prosecute, without good cause, was 
deemed an offence against religion, that is, in any 
relation not further removed than a first cousin's 
son (ayt^uaSovs). Within that degree the law en- 
joined the relations to prosecute, under penalty of an 
aotSt'tas ypatpii, if they failed to do so. (Demosth. 
c. Androt. 593, c. Mttcart. 1069, c. Euerg. et 
A fries. 1160, 1161 ; Antiph. tie Her. cued. 135, cd. 
Steph.) They might, however (without incurring 
any censure), forbear to prosecute, where the mur- 
dered man had forgiven the murderer before he 
died (Demosth. c. 1'antuen. 983) ; or, in cases of 
involuntary homicide, where the offender gave the 
satisfaction which the law required ; unless the de- 
ceased had given a special injunction td avenge 
him. (Lysias, c. Ayvr. 133, 138, cd. Steph. ; 
Matth. p." 170.) 

The first Btep taken by the prosecutor was, to 
give notice to the accused to keep away from nil 
public places and sacrifices. This was called ■np6p'- 
pT\ott, and was given at the funeral of the de- 
ceased. (Antiph. dt llir. cued. 130, 139, dc Chor. 
141,cd. Steph. ; Demosth. e.Leptin. 505, c. Aristocr. 
(;:;•_', a. Euerg. 1 I6H.) After this, he gave a pub- 
lic notice in the market-place, warning the accused 
to appear and answer to the charge : here he was 
said irpotiirtiv or lrpoayoptvttv tp6vov. (Demosth. c. 
Mttcurt. 1068, c. Near. 1348.) The next thing 



was, to prefer the charge before the king-archon. 
To such charge the term ex<o-io!7rT€o-0£u or cVc|- 
Uvai was peculiarly applied. (Pollux, viii. 33, 1 18; 
Harpocr. t. r. 'E7rea-/c7)<J.aTo ; Antiph. Kar-qy. tpapfi. 
Ill, ed. Steph.) The charge was delivered in 
writing ; the prosecutor was said airoypdtpeaBai 
Si'ktjv tpivov. (Antiph. de Chor. 145, cd. Steph.) 
The king-archon having received it, after first 
warning the defendant aTe'xeo-flai rwv livaTnpiwv 
Kal ray HWwv vou.inwi> (Pollux, viii. 66, 90), pro- 
ceeded in due form to the avaKpiats. The main 
thing to be inquired into was the nature of the 
offence, and the court to which the cognizance ap- 
pertained. The evidence and other matters were 
to be prepared in the usual way. Three months 
were allowed for this preliminary inquiry, and 
there were three special hearings, one in each 
month, called 5ia5iKa<ri'ai, or (according to Bekker's 
reading) upoZiKatxiai (Antiph. de Chor. 146, ed. 
Steph.) ; after which, in the fourth month, the 
kins-archon eitrrjyt tt,v SIktjv. (Matth. p. 100.) The 
defendant was allowed to put in a irapaypatpfi, if 
he contended that the charge ought to be tried in 
one of the minor courts. (Pollux, viii. 57.) 

All ibrtpovtKa StKaiTTTipia were held in the open 
air, in order that the judges might not be under 
the same roof with one suspected of impurity ; nor 
the prosecutor with his adversary. (Antiph. deller. 
caed. 130, ed. Steph.) The king-archon presided, 
with his crown taken off. (Pollux, viii. 90.) The 
parties were bound by the most solemn oaths ; the 
one swearing that the chartre was true, that he 
bore such a relationship to the deceased, and that 
he would in conducting his case confine himself to 
the question at issue ; the other declaring the 
charge to be false. (Antiph. de Her. caed. 1 30, 
140, de Chor. 143, ed. Steph. ; Demosth. c. Euerg. 
1161; Matth. p. 1 63.) The witnesses on both 
sides were sworn m like manner (Antiph. de Her. 
cued. 130, 131, cd. Steph. ; Meier, Att. Proc. 
p. 675) ; and slaves were allowed to appear as 
witnesses. (Meier, Att. Proc. p. 667. ) Kither 
party was at liberty to make two speeches, the 
prosecutor beginning, as may be seen from the 
TfTptxXoy'ia of Antiphon ; but both were obliged to 
confine themselves to the point at issue. (Lys.c. 
Simon. 100 ; Antiph. de Chor. 143, ed. Steph.) 
Advocates (o-uWj-yopoi) were not admitted to speak 
for the parties anciently, but in later timc3 they 
were. (Matth. p. 164.) Two days were occupied in 
the trial. After the first day the defendant, if 
fearful of the result, was at liberty to fly the coun- 
try, except in the case of parricide. Such flight 
could not be prevented by the adversary, b'lt tho 
property of the exile was confiscated. ( Pollux, viii. 
117; Demosth. c. A ristocr. 634, 643 ; Matth. p. 1 67.) 
On the third day the judges proceeded to give their 
votes ; for which two boxes or urns were provided 
(vlplai or ifitpopt'it), one of brass, the other of 
wood ; the former for the condemning ballots, the 
latter for those of acquittal. An equal number of 
votes was an acquittal ; a point first established 
(according to the old tradition) upon the trial of 
Orestes. (Aeschyl. Eunmi. 753 ; Matth. p. 165.) 

As the defence might consist cither in a simplo 
denial of the killing, or of the intention to kill, or 
in a justification of the act, it is necessary to in- 
quire what circumstances amounted to a legal justi- 
fication or excuse. We I earn from Demosthenes 
(c. Aristocr. 637) that it was excusable to kill an- 
other unintentional! in a gymnastic combat, or 
3 it 



898 



PHONOS. 



PHTHORA TON ELEUTHERON. 



to kill a friend in battle or ambuscade, mistaking 
him for an enemy ; that it was justifiable to slay 
an adulterer if caught in ipso delicto, or a paramour 
caught in the same way with a sister or daugh- 
ter, or even with a concubine, if her children would 
be free. (As to an adulterer, see Lys. de Eratosth. 
coed. 94, ed. Steph.) It was lawful to kill a rob- 
ber at the time when he made his attack (evdvs 
afiwdfizvov) but not after. (Demosth. c.Aristocr. 
629.) By a special decree of the people, made after 
the expulsion of the thirty tyrants, it was lawful to 
kill any man who attempted to establish a tyranny, 
or put down the democracy, or committed treason 
against the state. (Lycurg. c. Leocr. 165 ; Andoc. 
de Myst. 13, ed. Steph.) A physician was ex- 
cused who caused the death of a patient by mis- 
take or professional ignorance. (Antiph. rerpaX. 
127, ed. Steph.) This distinction, however, must 
be observed. Justifiable homicide left the perpe- 
trator entirely free from pollution (icaQapdv). That 
which, though unintentional, was not perfectly 
free from blame, required to be expiated. See 
the remarks of Antiphon in the TerpaXoyia, B. 
123. 

It remains to speak of the punishment. 

The courts were not invested with a discre- 
tionary power in awarding punishment ; the law 
determined this according to the nature of the 
crime. (Demosth. c. Neaer. 1372.) Wilful murder 
was punished with death. (Antiph. de Her. caed. 
130, ed. Steph. ; Demosth. c. Mid. 528.) It was 
the duty of the Thesmothetae to see that the sen- 
tence was executed, and of the Eleven to execute 
it. (Demosth. c.Aristocr. 630; Meier, All. Proc. 
p. 74 ; Schomann, Ant. J nr. Publ. Gr. p. 246.) We 
have seen that the criminal might avoid it by fly- 
ing before the sentence was passed. Malicious 
wounding was punished with banishment and con- 
fiscation of goods. (Lys. c. Simon. 100 ; Matth. 
p. 148.) So were attempts to murder (fiovXsvaets). 
But where the design was followed by the death 
of him whose life was plotted against, and the 
crime was treated as a murder, it might be punished 
with death, at least if it was tried in the Areio- 
pagus ; for it is doubtful whether the minor courts 
(except that iv (ppzaTTol) had the power of inflicting 
capital punishment. (Matth. p. 150 ; Schomann, 
Ant. Jur.Publ. GV.p. 294 ; Meier, Alt. Proc. p. 31 3.) 
If the criminal who was banished, or who avoided 
his sentence by voluntary exile, returned to the 
country, an eySei|is might forthwith be laid against 
him, or he might be arrested and taken before the 
Thesmothetae, or even slain on the spot. (Suidas, 
s. v. "Ev 8ei|ir ; Matth. p. 168.) The proceeding by 
airayaiyi] (arrest) might perhaps be taken against 
a murderer in the first instance, if the murder was 
attended with robbery, in which case the prosecu- 
tor was liable to the penalty of >a thousand drachms 
if he failed to get a fifth of the votes. (Demosth. c. 
Aristocr. 647 ; Meier, Att. Proc. p. 231.) But no 
murderer, even after conviction, could lawfully be 
killed, or even arrested, in a foreign country. 
(Demosth. c. Aristocr. 631, 632.) The humanity 
of the Greeks forbade such a practice. It was a 
principle of international law, that the exile had a 
safe asylum in a foreign land. If an Athenian was 
killed by a foreigner abroad, the only method by 
which his relations could obtain redress, was to 
seize natives of the murderer's country (not more 
than three), and keep them until the murderer was 
given up for judgment. (Demosth. c. Aristocr. 647 ; 



Pollux, viii. 50 ; Harpocr. and Suidas, s. v.'Avdpo- 

A7)t|/IOV.) 

Those who were convicted of unintentional 
homicide, not perfectly excusable, were condemned 
to leave the country for a year. They were obliged 
to go out (4£4pxeo-0ai) by a certain time, and by 
a certain route {tolkt^v 6S6v), and to expiate 
their offence by certain rites. Their term of absence 
was called aircviavTicrfids. It was their duty also 
to appease (alheiuGai) the relations of the deceased, 
or if he had none within a certain degree, the 
members of his clan, either by presents or by 
humble entreaty and submission. If the convict 
could prevail on them, he might even return before 
the year had expired. The word aiSeiaBai is used 
not only of the criminal humbling himself to the 
relations, but also of their forgiving him. (Harpocr. 
s. v. 'tirocpdvia ; Demosth. c. Pantaen. 983, c. Ma- 
cart. 1069, c. Aristocr. 643 ; Matth. p. 170.) The 
property of such a criminal was not forfeited, and 
it was unlawful to do any injury to him either on 
his leaving the country or during his absence. 
(Demosth. c. Aristocr. 634.) 

Such was the constitution of the courts, and the 
state of the law, as established by Solon, and 
mostly indeed by Draco ; for Solon retained most 
of Draco's <poviKol v6jioi. (Demosth. c. Euerg. 1161, 
c.Aristocr. 636.) But it appears that the jurisdic- 
tion of the e</>eVai in later times, if not soon after 
the legislation of Solon, was greatly abridged ; 
and that most of the <povma\ Slkm were tried by a 
common jury. It is probable that the people pre- 
ferred the ordinary method of trial, to which they 
were accustomed in other causes, criminal as well 
as civil, to the more aristocratical constitution of the 
court of €<p6Tai. Their jurisdiction in the courts 
if (ppearTo? and iirl XlpvTave'up, was, no doubt, 
still retained ; and there seem to have been other 
peculiar cases reserved for their cognizance. (Pol- 
lux, viii. 125 ; Matth. p. 158 ; Schomann, Ant. 
Jur. Pub. p. 296.) Whether the powers of the 
Areiopagus, as a criminal court, were curtailed by 
the proceedings of Pericles and Ephialtes, or only 
their administrative and censorial authority as a 
council, is a question which has been much dis- 
cussed. The strong language of Demosthenes 
(c. Aristocr. 641) inclines one to the latter opinion. 
See also Dinarchus (c. Aristog. init.), from which 
it appears there was no appeal from the decision 
of that court. (Matth. 166 ; Platner, Proc. und 
Klag. vol. i.p. 27 ; Schomann, Ant. Jur. Pa&.p. 301 ; 
Thirlwall, Gr. Hist. vol. iii. c. 17. p. 24.) 

No extraordinary punishment was imposed by 
the Athenian legislator on parricide. Suicide was 
not considered a crime in point of law, though it 
seems to have been deemed an offence against re- 
ligion ; for by the custom of the country the hand 
of the suicide was buried apart from his body. 
(Aesch. c. Ctes. 88, ed. Steph.) [C. R. K.] 
PHORBEIA (<popSda). [Capistrum.] 
PHORMINX (<|>%u7f). [Lyra.] 
PHOROS (<f>6pos), literally that which is brought 
in, was specially used to signify the tribute paid by 
the Attic states to Athens, which is spoken of under 
Telos. 

PHRA'TRIA. [CiviTAS,pp. 289, 290; Tribus 
(Greek).] 
PHRY'GIO. [Pallium, p. 851, a.] 
PHTHORA TON ELEUTHERON (cpBopa 
tuv iAevBepwv), was one of the offences that might 
be criminally prosecuted at Athens. The word 



PHYLOBASILEIS. 



PICTURA. 



809 



<pBopd may «ignify any sort of corruption, bodily or 
mental ; but the expression <p8. r. e. comprehends, 
if it is not limited to, a crime too common among 
the Greeks, as appears from a law cited by Aes- 
chines (c. Timarc/t. 2, ed. Steph.). On this subject 
see Proagogeias Graphe, and Schumann, Ant. 
Jur. Pub. Or. pp. 335, 338. [C. R. K.] 

PHYGE (<pvyi>). [Exsilium.] 

PHYLARCHI (<pv\apxoi), generally the pre- 
fects of the tribes in any state, as at Epidamnus; 
where the government was formerly vested in the 
tpvKapxoi, but afterwards in a senate. (Arist. Polit. 
v. 1.) At Athens the officers so called were (after 
the age of Cleisthene3) ten in number, one for each 
of the tribes, and were specially charged with the 
command and superintendence of the cavalry. 
(Harpocr. s. v.; Pollux, viiu 94.) There can be but 
little doubt, that each of the Phylarchs commanded 
the cavalry of his own tribe, and they were them- 
selves coliectively and individually under the con- 
trol of the two Hipparchs, just as the Taxiarchs 
were subject to the two Stratcgi. According to 
Pollux (viii. 94 ), they were elected one from each 
tribe by the Archons collectively; but his authority 
can hardly be considered as conclusive on this point. 
Herodotus (v. 19) informs us that when Cleisthenes 
increased the number of the tribes from four to ten, 
he also made ten Phylarchs instead of four. It has 
been thought, however (Titmann, Staattv. pp. 274, 
275), that the historian should have said ten 
Phylarchs in the place of the old <pv\oGaoi\t7s, 
who were four in number, one for each of the old 
tribes. (Sec Wachsmuth, Ilellen. Altertliumsk. 
toI. i. pp. 425, 543, vol. ii. p. 326, 2d ed.) [R.W.] 

PHYLOBASILEIS (<f>uAo§a<nAers). The 
origin and duties of the Athenian magistrates, so 
called, arc involved in much obscurity, and the 
little knowledge we possess on the subject is de- 
rived almost entirely from the grammarians. In 
the earliest times they were four in number, re- 
presenting each one of the four tribes, and probably 
elected (but not for life) from and by them. 
(Hesvch. s.v.) They were nominated from the 
Eupatridae, and during the continuance of royalty 
at Athens, these " kings of the tribes " were the 
constant assessors of the sovereign, and rather as 
his colleagues than counsellors. (Thirlwall, Hist, 
of Greece, vol. ii. p. 11.) From an expression in 
one of the laws of Solon (Pint Solon, 19), it ap- 
pears that before his time the kings of the tribes 
exercised a criminal jurisdiction in cases of murder 
or high treason ; in which respect, and as con- 
nected with the four tribes of the city, they may 
be compared with the duumviri pcrduellionis "at 
Rome, who appeared to have represented the two 
ancient tribes of the Ramnes and Titics. (Nic- 
buhr, Hint, of Home, vol. i. p. 304.) They were 
also intrusted (but perhaps in later times) with 
the performance of certain religious rites, and as 
they sat in the pcuriXttov (Poll. viii. Ill), they 
probably acted as assessors of the Hpxav 0aai\t6i, 
or " Rex sacrificulus," as they had formerly done 
of the king. Though they were originally con- 
nected with the four ancient tribes, still they were 
not abolished by Cleisthenes when he increased 
the number of tribes and otherwise altered the 
constitution of Athens ; probably because their 
duties were mainly of a religious character. 
(Wachsmuth, Ilellen. AUerthumsk. vol. ii. p. 426, 
2d ed.) They appear to have existed even after 
his time, and acted as judges, but in unimpor- 



tant or merely formal matters. They presided, 
we are told (Poll. viii. 120), over the court of the 
Ephetae, held at the Prytaneium, in the mock 
trials over instruments of homicide (oi ruv atyvxav 
SiVai), and it was part of their duty to remove 
these instruments beyond the limits of their 
country (to ifiveobv Htpvxov vnepopio-at). We 
may reasonably conclude that this jurisdiction was 
a relic of more important functions, such as those 
described by Plutarch {Solon, 19), from which, 
and their connection with the Prytaneium, it has 
been conjectured that they were identical with the 
old Prytanes. (Miiller, Eumen. § 67.) Plutarch 
(I. c.) speaks of them both as fiaai\tis and upo- 
Tavtis. In a <ji7i<picrfia, quoted by Andocides (de 
Myst. p. 11), the title of (}ao-i\e7s seems to be ap- 
plied to them. [R.W.] 

PHYLON (0CA.ov). [Tribus.] 

PICTU'RA(7/>a<^, ypa<pinT). ^wypatpia), paint- 
ing. I. The art of imitating the appearances of 
bodies upon an even surface, by means of light 
and shade or colour, was an art most extensively 
cultivated by the ancients, but especially by the 
Greeks, amongst whom it was certainly carried to 
the highest degree of technical development. 

II. Autliorities. The principal original sources 
of information upon the history of ancient art, are 
Pausanias, the elder Pliny, and Quintilian ; the 
writings also of Cicero, Lucian, Aclian, Aristotle, 
Athcnacus, Plutarch, the elder and younger Phi- 
lostratus, contain many hints and maxims inva- 
luable to the historian of art. The best modern 
works on the subject are : Junius, De Pictura 
Veterum and Catulogus Artifieum, Roter. 1694, 
folio, which contain almost all the passages in 
ancient authors relating to the arts ; but the Cata- 
logue is the more valuable portion of the work ; 
Sillig, Catulogus A rtificum, Dresden 1827, 8vo., 
an indispensable supplement to the Catalogue of 
Junius ; this excellent work, written equally for 
the scholar and the artist, has been translated into 
English under the title of a Dictionary of the 
Artists of Antit/uity, 1837 *; a further supple- 
ment to Sillig, of great importance, is the work of 
M. Raoul-Rochette, Letire a Af. Sc/torn, .V«/»/./e- 
ment au Catalogue des Artistes de fAntii/itite 
(Jrectpie et Hoinaine, Paris 1845 ; Miiller, Hand- 
buclt der Arc/iiiotor/ic der Kunst, Brcslau 1848,8vo., 
3rd ed. by Wclckcr, a most useful work, but 
written more for the antiquary than the artist ; 
the 2nd edition has recently been translated by- 
Mr. Leitch ; Biittigcr, Idecn zur Arehaciogit dcr 
Malerei, Dresden 1811, 8vo., first part, from the 
earliest times until Polvgnotus and his contem- 
poraries, inclusive ; Durand, I/istoire de la Pein- 
lure Ancicnne, London 1725, folio, a translation of 
book xxxv. of Pliny, with copious notes ; Carlo 
Dati, Vita dci J'itlori Antiehi, Florence 1667, 
I to., the lives of Zeuxis, Parrlmsius, Apelles, and 
Protogenes ; Thiersch, I'elx^r die A/wAcm der bit- 
denden Kunst unter den (iriee/ien, Miinchcn 1829, 
8vo., 2nd ed. ; Raoul-Rochette, Heelicrches sur 
I'ICmploi de la /'einture, &.C., Paris 1836, 4to. ; 
John, Malerei der Altcn, Berlin 1836, Hvo. ; Lo- 
tronne, fstlret d'un Anti'/uaire a un Artiste, 
I'. in. l.'il'MIvn. ; Nayli-r, Sen , alb/eineinrs Kunst- 

• An important error, however, among many 
others, in this translation, demands notice ; the 
term enamel is throughout erroneously used in the 
place of encaustic. 

3 M 2 



898 



PHONOS. 



PHTHORA TON ELEUTHERON. 



to kill a friend in battle or ambuscade, mistaking 
him for an enemy ; that it was justifiable to slay 
an adulterer if caught in ipso delicto, or a paramour 
caught in the same way with a sister or daugh- 
ter, or even with a concubine, if her children would 
be free. (As to an adulterer, see Lys. de Eratosth. 
coed. 94, ed. Steph.) It was lawful to kill a rob- 
ber at the time when he made his attack (ci/dvs 
afivvS/ievov) but not after. (Demosth. c.Aristocr. 
629.) By a special decree of the people, made after 
the expulsion of the thirty tyrants, it was lawful to 
kill any man who attempted to establish a tyranny, 
or put down the democracy, or committed treason 
against the state. (Lycurg. c. Leocr. 165 ; Andoc. 
de Myst. 13, ed. Steph.) A physician was ex- 
cused who caused the death of a patient by mis- 
take or professional ignorance. (Antiph. rerpaA. 
127, ed. Steph.) This distinction, however, must 
be observed. Justifiable homicide left the perpe- 
trator entirely free from pollution (KaBapdv). That 
which, though unintentional, was not perfectly 
free from blame, required to be expiated. See 
the remarks of Antiphon in the TeTpaAo-yia, B. 
123. 

It remains to speak of the punishment. 

The courts were not invested with a discre- 
tionary power in awarding punishment ; the law 
determined this according to the nature of the 
crime. (Demosth. c. Neaer. 1372.) Wilful murder 
was punished with death. (Antiph. de Her. caed. 
130, ed. Steph. ; Demosth. c. Mid. 528.) It was 
the duty of the Thesmothetae to see that the sen- 
tence was executed, and of the Eleven to execute 
it. (Demosth. c.Aristocr. 630 ; Meier, Ait. Proc. 
p. 74 ; Schomann, Ant. Jur. Publ. Gr. p. 246.) We 
have seen that the criminal might avoid it by fly- 
ing before the sentence was passed. Malicious 
wounding was punished with banishment and con- 
fiscation of goods. (Lys. c. Simon. 100 ; Matth. 
p. 148.) So were attempts to murder (flovtevaeis). 
But where the design was followed by the death 
of him whose life was plotted against, and the 
crime was treated as a murder, it might be punished 
with death, at least if it was tried in the Areio- 
pagus ; for it is doubtful whether the minor courts 
(except that eV <ppta.TTo7) had the power of inflicting 
capital punishment. (Matth. p. 150 ; Schomann, 
Ant. Jur. Publ. O.p.294 ; Meier, Alt. Proc. p. 313.) 
If the criminal who was banished, or who avoided 
his sentence by voluntary exile, returned to the 
country, an ej/8ei£is might forthwith be laid against 
him, or he might be arrested and taken before the 
Thesmothetae, or even slain on the spot. (Suidas, 
i. v. "EvSei^is ; Matth. p. 168.) The proceeding by 
airayaiyii (arrest) might perhaps be taken against 
a murderer in the first instance, if the murder was 
attended with robbery, in which case the prosecu- 
tor was liable to the penalty of a thousand drachms 
if he failed to get a fifth of the votes. (Demosth. c. 
Aristocr. 647 ; Meier, Att. Proc. p. 231.) But no 
murderer, even after conviction, could lawfully be 
killed, or even arrested, in a foreign country. 
(Demosth. c. Aristocr. 631, 632.) The humanity 
of the Greeks forbade such a practice. It was a 
principle of international law, that the exile had a 
safe asylum in a foreign land. If an Athenian was 
killed by a foreigner abroad, the only method by 
which his relations could obtain redress, was to 
seize natives of the murderer's country (not more 
than three), and keep them until the murderer was 
given up for judgment. (Demosth. c. Aristocr. 647 ; 



Pollux, viii. 50 ; Harpocr. and Suidas, s. v.'AvSpo- 

Arjij/mi'.) 

Those who were convicted of unintentional 
homicide, not perfectly excusable, were condemned 
to leave the country for a year. They were obliged 
to go out (QepxeaBcu) by a certain time, and by 
a certain route (to/ctV <55dV), and to expiate 
their offence by certain rites. Their term of absence 
was called aireviavTicrfi6s. It was their duty also 
to appease (aiSeioSai) the relations of the deceased, 
or if he had none within a certain degree, the 
members of his clan, either by presents or by 
humble entreaty and submission. If the convict 
could prevail on them, he might even return before 
the year had expired. The word aiSeiaBai is used 
not only of the criminal humbling himself to the 
relations, but also of their forgiving him. (Harpocr. 
s. v. 'Tirocp6via • Demosth. c. Pantaen. 983, c. Ma- 
cart. 1069, c. Aristocr. 643 ; Matth. p. 170.) The 
property of such a criminal was not forfeited, and 
it was unlawful to do any injury to him either on 
his leaving the country or during his absence. 
(Demosth. c. Aristocr. 634.) 

Such was the constitution of the courts, and the 
state of the law, as established by Solon, and 
mostly indeed by Draco ; for Solon retained most 
of Draco's (poviKol vdjioi. (Demosth. c. Euerg. 1161, 
c.Aristocr. 636.) But it appears that the jurisdic- 
tion of the etperai in later times, if not soon after 
the legislation of Solon, was greatly abridged ; 
and that most of the cpoviKaX Si'/ccti were tried by a 
common jury. It is probable that the people pre- 
ferred the ordinary method of trial, to which they 
were accustomed in other causes, criminal as well 
as civil, to the more aristocratical constitution of the 
court of i<p4rai. Their jurisdiction in the courts 
iv KppearTol and iirl TlpvTaveitp, was, no doubt, 
still retained ; and there seem to have been other 
peculiar cases reserved for their cognizance. (Pol- 
lux, viii. 125 ; Matth. p. 158 ; Schomann, Ant. 
Jur. Pub. p. 296.) Whether the powers of the 
Areiopagus, as a criminal court, were curtailed by 
the proceedings of Pericles and Ephialtes, or only 
their administrative and censorial authority as a 
council, is a question which has been much dis- 
cussed. The strong language of Demosthenes 
(c. Aristocr. 641) inclines one to the latter opinion. 
See also Dinarchus (c. Aristog. init.), from which 
it appears there was no appeal from the decision 
of that court. (Matth. 166 ; Platner, Proc. und 
Klag. vol. i.p. 27 ; Schomann, Ant. Jur. Pub.-p. 301 ; 
Thirlwall, Gr. Hist. vol. iii. c. 17. p. 24.) 

No extraordinary punishment was imposed by 
the Athenian legislator on parricide. Suicide was 
not considered a crime in point of law, though it 
seems to have been deemed an offence against re- 
ligion ; for by the custom of the country the hand 
of the suicide was buried apart from his body. 
(Aesch. c. Ctes. 88, ed. Steph.) [C. R. K.] 
PHORBEIA (<popGeia). [Capistrum.] 
PHORMINX (<p6p/j.iy£). [Lyra.] 
PHOROS (<p6pos), literally that which is brought 
in, was specially used to signify the tribute paid by 
the Attic states to Athens, which is spoken of under 
Telos. 

PHRA'TRIA. [CiviTAS,pp. 289, 290; Tribus 
(Greek).] 
PHRY'GIO. [Pallium, p. 851, a.] 
PHTHORA TON ELEUTHERON (<pe pa 
rdv eXevBipoov), was one of the offences that might 
be criminally prosecuted at Athens. The word 



PHYLOBASILEIS. 



PICTURA. 



COD 



tpBopi may signify any sort of corruption, bodily or 
mental ; but the expression <p8. r. e. comprehends, 
if it is not limited to, a crime too common among 
the Greeks, as appears from a law cited by Aes- 
chines (c. Timarch. 2, ed. Steph.). On this subject 
see Proagogeias Grathe, and Schbmann, Ant. 
Jur. Pub. Gr. pp. 335, 338. [C. R. K.] 

PHYGE (<pvyk). [Exsilium.] 

PHYLARCHI (<pi\apxo')i generally the pre- 
fects of the tribes in any state, as at Epidamnus; 
where the government was formerly vested in the 
tpvKapxoi, but afterwards in a senate. (Arist Polit. 
v. 1.) At Athens the officers so called were (after 
the age of Cleisthenes) ten in number, one for each 
of the tribes, and were specially charged with the 
command and superintendence of the cavalry. 
( Harpocr. s. v. ; Pollux, viiu 94.) There can be but 
little doubt, that each of the Phylarchs commanded 
the cavalry of his own tribe, and they were them- 
selves coliectively and individually under the con- 
trol of the two Hipparchs, just as the Taxiarchs 
were subject to the two Strategi. According to 
Pollux (viii. 94), they were elected one from each 
tribe by the Archons collectively ; but his authority 
can hardly be considered as conclusive on this point. 
Herodotus (v. 19) informs us that when Cleisthenes 
increased the number of the tribes from four to ten, 
he also made ten Phylarchs instead of four. It has 
been thought, however (Titmann, Slaatsc. pp. 274, 
275), that the historian should have said ten 
Phylarchs in the place of the old <pv\oGa<rt\us, 
who were four in number, one for each of the old 
tribes. (See Wachsmuth, //ellen. Altertliumsk. 
vol. i. pp. 425, 543, vol. ii. p. 326, 2d ed.) [R.W.] 

PHYLOBASILEIS (<J>uAoSa<riA«7i). The 
origin and duties of the Athenian magistrates, so 
called, are involved in much obscurity, and the 
little knowledge we possess on the subject is de- 
rived almost entirely from the grammarians. In 
the earliest times they were four in number, re- 
presenting each one of the four tribes, and probably 
elected (but not for life) from and by them. 
(Ilcsvch. $.v.) They were nominated from the 
Eupatridac, and during the continuance of royalty 
at Athens, these u kings of the tribes " were the 
constant assessors of the sovereign, and rather as 
his colleagues than counsellors. (Thirlwall, Hist, 
of Greece, vol. ii. p. 11.) From an expression in 
one of the laws of Solon ( Pint Solon, 1 9), it ap- 
pears that before his time the kings of the tribes 
exercised a criminal jurisdiction in cases of murder 
or high treason ; in which respect, and as con- 
nected with the four tribes of the city, they may 
be compared with the " duumviri pcrduellionis "at 
Rome, who appeared to have represented the two 
ancient tribes of the Ramncs and Tities. (Nic- 
buhr, Hist, of Home, vol. i. p. 304.) They were 
also intrusted (but perhaps in later times) with 
the performance of certain religious rites, and as 
they sat in the fiaaikuov < Poll. viii. Ill), they 
probably acted as assessors of the 6.px wv fiaaiXtvi, 
or " Rex sacrificuluj," as they had formerly done 
of the king. Though they were originally con- 
nected with the four ancient tribes, still they were 
not abolished by Cleisthenes when he increased 
the number of tribes and otherwise altered the 
constitution of Athens ; probably because their 
duties were mainly of a religious character. 
(Wachsmuth, llellen. Altertfiumik. vol. ii. p. 426, 
M ed.) They appear to have existed even after 
his time, nnd acted as judges, but in unimpor- 



tant or merely formal matters. They presided, 
we are told (Poll. viii. 120), over the court of the 
Ephetae, held at the Prytaneium, in the mock 
trials over instruments of homicide (at ruv iifilpy 
Sinai), and it was part of their duty to remove 
these instruments beyond the limits of their 
country (to iptTrtahv 6.tyvxov inrepopiaai). We 
may reasonably conclude that this jurisdiction was 
a relic of more important functions, such as those 
described by Plutarch (Solon, 19), from which, 
and their connection with the Prytaneium, it has 
been conjectured that they were identical with the 
old Prytanes. (Muller, Eumen. § 67.) Plutarch 
(/. e.) speaks of them both as Pao-tKeis and irpxi- 
Tayeis. In a ^(picrfia, quoted by Andocides (tie 
Myst. p. 11), the title of fiaattels seems to be ap- 
plied to them. [R. W.] 

PHYLON (<(>i\ov). [Tribcs.] 

PlCTU'RA(ypa<pri,ypa(piK7i, (uypaip'ta), paint- 
ing. I. The art of imitating the appearances of 
bodies upon an even surface, by means of light 
and shade or colour, was an art most extensively 
cultivated by the ancients, but especially by the 
Greeks, amongst whom it was certainly carried to 
the highest degree of technical development. 

II. Autltorities. The principal original sources 
of information upon the history of ancient art, are 
Pausanias, the elder Pliny, and Quintilian ; the 
writings also of Cicero, Lucian, Aclian, Aristotle, 
Athenaeus, Plutarch, the elder and younger Phi- 
lostratus, contain many hints and maxims inva- 
luable to the historian of art. The best modern 
works on the subject are : Junius, De Pictura 
Veterum and Catnlogns Artijwum, Roter. 1694, 
folio, which contain almost all the passages in 
ancient authors relating to the arts ; but the Cata- 
logue is the more valuable portion of the work ; 
Sillig, Catalogus Artijicum, Dresden 1827, 8vo., 
an indispensable supplement to the Catalogue of 
Junius ; this excellent work, written equally for 
the scholar and the artist, has been translated into 
English under the title of a Dictionary of the 
Artists of Anlir/uili/, 1837 *; a further supple- 
ment to Sillig, of great importance, is the work of 
M. Kaoul-Rochette, Lettre a M. Schorn, Svppli- 
ment au Catalogue des Artistes de PAtliiquiti 
fj'rect/ue et Homaine, Paris 1845 ; Muller, //and- 
buck der A rchiiologic der Kunsl, Dreslau 1 848, 8vo., 
3rd ed. by Welcker, a most useful work, but 
written more for the antiquary than the artist ; 
the 2nd edition has recently been translated by 
Mr. Lcitch ; Iliittiger, Idciii zur Arch'dologie der 
Malerri, Dresde n 1811, 8vo., first part, from the 
earliest times until Polvgnotus and his contem- 
poraries, inclusive ; Durand, //istoire de la l'ein- 
lure Ancirnne, London 1725, folio, a translation of 
book xxxv. of Pliny, with copious notes ; Carlo 
Dati, Vile dei /'iitori Antiebi, Florence 1667, 
4 to., the lives of Zcuxis, Parrhnsius, Apelles, and 
Protogencs ; Thiersch, tVAeV die E/iochen der bil- 
drndrn h'unst untrr den (irierhen, Miinchcn 1829, 
8vo., 2nd ed. ; Raoul-Itochette, /lerherchrs sur 
r/im}>loi de la Peinture, Aic, Paris 1836, 4to. ; 
John, Ma/erei der Allen, licrlin 1836, 8 TO. ; l.c- 
tronne, /sttres d'un Anlii/uairc a tin Artiste, 
Paris 1840, 8vo. ; Naglcr, tftUtt albjrmeinet Kunst- 

• An important error, however, among mnny 
others, in this translation, demands notice ; the 
term enamel is throughout erroneously used in the 
place of rncaustic. 

3 M 2 



soo 



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ler-Lexicon, Miinchen, 17 vols. 8vo., not yet com- 
pleted ; and the lectures of Fuseli upon ancient 
painting, and of Flaxman upon sculpture. Other 
works have been written upon general and par- 
ticular subjects bearing more or less upon painting, 
such as those of Heyne, Meyer, Hirt, Hermann, 
Kugler, Volkel, Jacobs, Creuzer, Grund, Caylus, 
Levesque, Millin, D'Hancarville, Quatremere de 
Quincy, Inghirami, Visconti, Millingen, and others, 
too numerous to mention here. Of the celebrated 
work of Winckelmann, Geschic/de der Kunst des 
Alterthums, only a very small portion is devoted 
to painting. 

III. Painting in its earliest state. The legends 
relating to the origin of painting in Greece, 
though they may have no real historical value, are 
at least interesting to the lovers of art. One 
legend, which is recorded by Pliny (H. N. xxxv. 
12. s. 43) and is adverted to by Athenagoras 
{Legat. pro Christ. 14. p. 59, ed. Dechair), relates 
the origin of the delineation of a shadow (aula, 
(TKtaypcHpTi, Pollux, vii. 128), which is the essen- 
tial principle of design, the basis of the imitative 
and plastic arts. The legend runs as follows : — 
The daughter of a certain Dibutades, a potter of 
Sicyon, at Corinth, struck with the shadow of her 
lover who was about to leave her, cast by her 
lamp upon the wall, drew its outline (umbram ex 
facie lineis circumscripsit) with such force and 
fidelity, that her father cut away the plaster 
within the outline, and took an impression from 
the wall in clay, which he baked with the rest of 
his pottery. (Diet, of Biog. s. v.) There seem to 
bo, however, other claimants to the honour of 
having invented skiagraphy (cKiaypacpia). Athe- 
nagoras (I. c.) mentions Saurias of Samos, who 
traced his horse's shadow in the sun with the 
point of his spear, and Crato of Sicyon, whom he 
styles the inventor of drawing or outline (ypacpucri), 
for he was the first to practise the art upon tablets 
with prepared grounds (iv irivaici AeAeuKw^eVw). 
Pliny (H. N. vii. 57) mentions upon the testimony 
of Aristotle, that Eucheir (Ei/'xeip), a relation of 
Daedalus, invented painting in Greece. (Diet, of 
Biog. s. v.) Although Pliny's account (II. N. xxxv. 
5 ) of the origin and progress of painting in Greece 
is somewhat circumstantial, his information can still 
not be considered as authentic matter of history ; 
and the existence of several of the most ancient 
artists, mentioned by Pliny and many Greek wri- 
ters, is very questionable. Besides those already 
spoken of, we find mention made of Philocles of 
Egypt ; Cleanthes, Ardices, and Cleophantus, of 
Corinth ; Telephanes of Sicyon, Eugrammus, and 
others. (Upon the meanings of some of these 
names see Bdttiger, Ideen ziir Archaologic, p. 138, 
and Thiersch, Epoch. &c, note 22, and Diet, of 
Biog. art. Cheirisophus.) 

Sculpture is generally supposed to be a more 
ancient art than painting ; but this arises from an 
imperfect comprehension of the nature of the two 
arts, which are one in origin, end, and principle, 
and differ only in their development. Design is 
the basis of both, colour is essential to neither, nor 
can it be said to belong more particularly to the 
latter (ypacpLK-q) than to the former (ivAaaTiitii). 
Coloured works in plastic, in imitation of nature, 
were in ancient times as common, and probably 
more so, than coloured designs: the majority of the 
illustrations upon the vases are colourless. The 
staining of the human body, or the colouring of 



images, is the common notion of the origin of paint- 
ing ; but simple colouring, and painting, strictly 
speaking, are quite distinct ; the distinction be- 
tween " to colour," xpwC eI!/ i colorem inducere, and 
" to paint," (wypafyelv, pingerc, delineare. (Pollux, 
vii. 126.) The colouring of the early wooden 
images, the ancient £6ava, or the epfiai, the 7raA- 
Aa5ia, and the SaiSaAa, must certainly have pre- 
ceded any important essays in painting, or the 
representation of forms upon a.n even surface by 
means of colour and light and shade combined. 
But this is no stage in the art of painting, and 
these figures were most probably coloured by the 
artists who made them, by the old irAacrTai or 
ip^oyXvrpai, themselves ; the existence, however, 
of the art of design is established by the existence 
of the plastic art. 

We will now as briefly as possible consider the 
gradual development of painting, and the informa- 
tion relating to its progressive steps, preserved in 
ancient writers. The simplest form of design or 
drawing (ypacpiK-ri) is the outline of a shadow, with- 
out any intermediate markings, or the shape of a 
shadow itself (a silhouette), in black, white, or in 
colour (umbra hominis lineis circumducta) ; this 
kind of drawing was termed o-Kiayparpia. But this 
simple figure or shade, atda (aKiaypafifia), when 
in colour was also essentially a monochrom (fxovo- 
Xpiifiaroi/). The next step was the outline, the 
" pictura linearis," the monogram (fXov6ypafj./j.ov) • 
this is said to have been invented by Philocles of 
Egypt or Cleanthes of Corinth, but first developed 
in practice by Ardices of Corinth and Telephanes 
of Sicyon: it was the complete outline with the 
inner markings, still without colour ; such as we 
find upon the ancient vases, or such as the cele- 
brated designs of Flaxman, which are perfect 
monograms. These outlines were most probably 
originally practised upon a white ground (iv wiyaia 
\z\6vK(i>fievo>), for Pliny remarks that they were 
first coloured by Cleophantus of Corinth, who used 
" testa trita," by which we should perhaps under- 
stand that he was the first to draw them upon a 
coloured or red ground, such as that of the vases. 
(Plin. H. N. xxxv. 5.) 

The next step is the more perfect form of the 
monochrom, alluded to above ; in this, light and 
shade were introduced, and in its most perfect state 
it was, in everything that is essential, a perfect 
picture. These " monochromata " were practised 
in all times, and by the greatest masters. Pliny, 
speaking of Zeuxis (H. N. xxxv. 36), says, " pinxit 
et monochromata ex albo ;" ex albo, that is, in 
gray and gray, similar to the chiariscuri of the 
Italians. They are described by Quintilian (xi. 3. 
§ 46), " qui singulis pinxerunt coloribus, alia tamen 
eminenliora,alia reductiora fecerunt." They were 
painted also red in red. Pliny (H. N. xxxiii. 39) 
tells us that the old masters painted them in ver- 
milion, " Cinnabari veteres, quae etiam nunc vocant 
monochromata, pingebant," and also in red lead, 
but that afterwards the rubrica or red ochre was 
substituted for these colours, being of a more de- 
licate and more agreeable tint. 

Hygiemon, Dinias, and Charmadas, are men- 
tioned by Pliny (II. N. xxxv. 34) as having been 
famous ancient monochromists ; their age is not 
known, but they most probably practised the 
simpler form, such as we find upon the most ancient 
vases. Four monochroms in the latter style, red 
in red, were discovered in Herculaneum. (Le 



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Jnticliita d'Ercolano, vol. L plates 1, 2, 3, 4.) 
They are* paintings of a late date and are of con- 
siderable merit in every respect, but the colours 
have been nearly destroyed by the heat, and the 
pictures are in some places defaced ; they are 
painted upon marble. They were probably all 
executed bv the same artist, Alexander of Athens. 
AAEEANAP02 A0HXAIO2 ErPA+EN, is an in- 
scription upon one of them (pi. 1), which represents 
five females, with their names attached, two of 
whom arc playing at the ancient game of the tali 
(a<TTpayaAt<r/i6s). These tablets are in the col- 
lection of ancient paintings of the Museo-Borbonico 
at Naples, Xos.408, 409, 410, 411. 

The next and last essential step towards the 
full development or establishment of the art of 
painting ({aiypatpia) was the proper application of 
local colours in accordance with nature. This is, 
however, quite a distinct process from the simple 
application of a variety of colours before light and 
shade were properly understood, although each ob- 
ject may have had its own absolute colour. The 
local colour of an object is the colour or appearance 
it assumes in a particular light or position, which 
colour depends upon,andchangcs with, the light and 
the surrounding objects ; this was not thoroughly 
understood until a very late period, but there will 
be occasion to speak of this hereafter. Probably 
Eumanis of Athens, and certainly Cimon * of 
Cleonae, belonged to the class of ancient totra- 
chromists or polychromists, for painting in a variety 
of colours, without a due or at least a partial ob- 
servance of the laws of light and shade, is simply 
polychromy ; and a picture of tm'3 latter descrip- 
tion is a much more simple effort than the rudest 
forms of the monochrom in chiaroscuro. There are 
a few examples of this kind of polychrom upon the 
most ancient vases. In the works of Eumanis of 
Athens, however, there must have been some at- 
tention to light and shade, and in those of Cimon 
of Cleonae still more. 

IV. I'aintiw) in Asia Minor and in Magna 
Graecia. It is singular that the poems of Homer 
do not contain any mention of painting as an 

* These two names are generally connected 
with each other, but Eumanis must have preceded 
Cimon some time. He was the first, according to 
Pliny (//. A', xxxt. 34), who distinguished the 
male from the female in painting : " qui primus in 
pirtura marem feminomque discrevcrit, . . . figuras 
nmnn imitari ausum." The most obvious dis- 
tinction which here suggests itself can scarcely be 
alluded to by Pliny, or Eumanis must belong to a 
very early period, for we find that distinction very 
decidedly given on even the most ancient vases, 
whenever the figure is naked. That Eumanis 
dari'd or ventured to imitate all figures, may imply 
that he made every distinction between the male 
ami the female, l'Miil' : » I - * > to each sex a character- 
istic style of design, and even in the compositions, 
draperies, attitudes, and complexions of his figures, 
< ! • ;i r I y illustrating the dispositions and attributes 
of each, exhibiting n robust and vigorous form in 
the mail's, ami making the females slighter and 
inure delicate. These qualities are all perfectly 
compatible with the imperfect state of the art of 
even so early a period, and they may also be very 
evident, notwithstanding ill-arranged composition, 
dene tire design, crude colour, and a hard and 
tasteless execution. 



imitative art, nor is there mention of any artist, 
similar to Hephaestus, who might represent the 
class of painters. This is the more remarkable, 
since Homer speaks of rich and elaborate em- 
broidery as a thing not uncommon ; it is sufficient 
to mention the splendid Diplax of Helen (//. iii. 
126), in which were worked many battles of the 
Greeks and Trojans fought on her account. This 
embroidery is actual painting in principle, and is 
a species of painting in practice, and it was consi- 
dered such by the Romans, who termed it " pictura 
textilis " (Cic. Vcrr. ii. 4. 1), " textili stragulo, 
magnificis operibus picto " (Id. Tusc. v. 21) ; that 
is, painted with the needle, embroidered, acu picto. 
(Ovid. Met. vi. 23 ; Virg. Aen. Lx. 582.) The 
various allusions also to other arts, similar in 
nature to painting, are sufficient to prove that paint- 
ing must have existed in some degree in Homer's 
time, although the only kind of painting he notices 
is the " red-cheeked " and " purple-cheeked ships " 
(vijej /iiKToirdpyoi, 11. ii. 637 ; ff'as (poiviKOTrapy- 
ou5, Od. xi. 123), and an ivory ornament for the 
faces of horses, which a Maeonian or Carian wo- 
man colours with purple, (ll. iv. 141.) The de- 
scription of the shield of Achilles, worked by 
Hephaestus in various- coloured metals, satisfac- 
torily establishes the fact that the plastic art must 
have attained a considerable degree of development 
in the time of Homer, and therefore determines also 
the existence of the art of design. (Arsdclincandi; 
ypatfHidi.) 

Tainting seems to have made considerable pro- 
gress in Asia Minor, while it was still in its infancy 
in Greece, for Candnules, king of Lydia(B.c. 716), 
is said to have purchased at a high price a paint- 
ing of Bularchus, which represented a battle of 
the Magnetos. (Plin. //. A', xxxv. 34.) It would 
appear from the expression of Pliny (//. A*, vii. 39) 
that Candnules paid the painter as much gold coin 
as would cover the picture. It must be confessed 
that the tradition is very doubtful (see Diet, of 
Biog. art. Bularchus) ■ but this painting of Bularchus 
is not an isolated fact in evidence of the early- 
cultivation of painting in Asia ; there is a remark- 
able passage in Ezekiel, who prophesied about 
600 k. c, relating to pictures of the Assyrians 
(xxiii. 14, IS): "Men pourtrayed upon the wall, 
the images of the Chaldeans jtourtrai/ed wit/i ver- 
milion, girded with girdles upon their loins, ex- 
ceeding in dyed attire upon their heads, all of them 
princes to look to, after the manner of the Babylo- 
nians of Chaldea, the land of their nativity." 

The old Ionic or Asiatic painting, the "genus 
picturae Asiaticum," as Pliny (//. X. xxxv. 10. 
s. 36) terms it, most probably flourished at the 
same time with the Ionian architecture, and con- 
tinued as an independent school until the sixth 
century H. c, when the Ionians lost their liberty, 
and with their liberty their art. Herodotus (i. 
164) mention! that whi n Harpagus besieged the 
town of Phocaea (b. c 544), the inhabitant* col- 
lected all their valuables, their statues and votive 
offerings from the temples, leaving only their 
paw rfu y* , and inch works in metal or of stone as 
could not easily be removed, and hVd with them 
to the island of Chios ; from which we innv con- 
clude that paintings were not only valued by the 
Phocaenns, but nlso common among them. He- 
rodotus (iv. fill) also informs us that Mandroclcs of 
^amos, who constmcted for Dareius Ilystaspis the 
bridge of boats across the Bosporus (n. c. 50U), 



902 



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had a picture painted, representing the passage of 
Dareius's army, and the king seated on a throne 
reviewing the troops as they passed, which he de- 
dicated in the temple of Hera at Samos. 

After the conquest of Ionia, Samos became the 
seat of the arts. (Herod, iii. 60.) The Heraeum 
at Samos, in which the picture of Mandrocles was 
placed, was a general depository for works of art, 
and in the time of Strabo appears to have been 
particularly rich in paintings, for he terms it a 
" picture-gallery " (irivaKoBijKr], xiv. p. 637). 
Consecrated or votive pictures on panels or tablets 
(wivaKES avaKeifj.ei>oi, or ypa<pal avaKfifttvai) con- 
stituted a considerable portion of the avaBrj/xaTa 
or votive offerings in the temples of Greece, most 
of which in a later period had a distinct building 
or gallery (olKi}p.a) attached to them disposed for 
the reception of pictures and works of this class. 
CPaus. i. 22. § 4, x. 25. § 1, 2 ; Ath. xiii. p. 606, b.; 
Strab. ix. p. 396.) 

After the decline of the Ionian art, painting 
flourished amongst the Greeks in Italy and Sicily, 
and especially in Crotona, Sybaris, and Tarentum. 
Aristotle (de Mirab. Auscult. c. 99) speaks of a 
magnificent cloth or pallium ('ifidnov) of Alcis- 
thenes of Sybaris, which measured 15 cubits, was 
of the richest purple, and in it were worked the 
representations of cities, of gods, and of men. It 
came afterwards into the possession of the tyrant 
Dionysius the elder, who sold it to the Carthagi- 
nians for 120 talents. This is sufficient evidence 
of the existence of painting among the Italiots, 
and even of painting of a high degree. 

Pliny would induce us to believe that painting 
was established throughout Italy as early as the 
time of Tarquinius Priscus (H. N. xxxv. 6). He 
mentions some most ancient paintings at Caere ; 
and a naked group of Helen and Atalanta, of 
beautiful forms, painted upon the wall of a temple 
at Lanuvium, and some paintings by the same 
artist in the temple of Juno at Ardea, accompanied 
with an inscription in ancient Latin characters, 
recording the name of the artist and the gratitude 
of Ardea. (H.N. xxxv. 6, 37.) 

V. Painting in Greece. Cimon of Cleonae is 
the first important personage we meet with in the 
history of painting in Greece. His exact period 
is very uncertain, but he was probably a contem- 
porary of Solon, and lived at least a century before 
Polygnotus. It is not at all necessary, as Pliny 
supposes, that he must have preceded Bularchus, 
which would place him very much earlier ; as he 
may easily have acquired the art in one of the 
Ionian cities, for in the time of Solon there was a 
very extensive intercourse between Greece and the 
Asiatic colonies. The superior quality of the 
works of Cimon, to which Pliny and Aelian bear 
sufficient testimony, is a strong reason for assigning 
him a later date ; but his having been contem- 
porary with Dionysius of Colophon, who imitated 
the works of Polygnotus, is quite out of the ques- 
tion. This has been inferred from the occurrence 
of the name Cimon in connection with that of 
Dionysius in Simonides (Anthol. Pal. ix. 758, and 
in Append, ii. p. 648) ; but as Muller (Arclidologie, 
§ 99. 1) has observed, Mi'/toe ought to be there 
most probably substituted for Kifiwi/. 

Cimon improved upon the inventions of Eumarus ; 
he was the first who made foreshortenings (cata- 
(jrapha), and drew the figure in a variety of atti- 
tudes ; he first made muscular articulations, indi- 



cated the veins, and gave natural folds to drapery. 
(Piin. H. N. xxxv. 34.) The term " catagrapha," 
which Pliny uses, evidently signifies any oblique 
view of the figure or countenance whatever, whether 
in profile or otherwise ; in technical language, fore- 
shortenings. 

We learn from Aelian ( V. H. viii. 8) that Cimon 
was much better paid for his works than any of his 
predecessors. This alone implies a great superiority 
in his works. He appears to have emancipated 
painting from its archaic rigidity ; and his works 
probably occupied a middle place between the 
productions of the earlier school and those of Poly- 
gnotus of Thasos. 

At the time of Polygnotus (b. c. 460), partly on 
account of the changes which took place in the 
Greek character subsequent to the Persian invasion, 
and partly in consequence of his own great works 
in Athens and at Delphi, painting attracted the 
attention of all Greece ; but previous to this time, 
the only cities that had paid any considerable at- 
tention to it, were Aegina, Sicyon, Corinth, and 
Athens. Sicyon and Corinth had long been famous 
for their paintings upon vases and upon articles of 
furniture ; the school of Athens was of much later 
date than the others, and had attained no celebrity 
whatever, until the arrival of Polygnotus from 
Thasos raised it to that pre-eminence which, 
through various circumstances, it continued to 
maintain for more than two centuries, although 
very few of the great painters of Greece were na- 
tives of Athens. 

It has been attempted hitherto, as far as our 
space would admit of, to trace the progressive steps 
of Grecian painting from its infancy, until it at- 
tained that degree of development requisite to en- 
title it to the name of an independent art ; but 
before entering upon the consideration of the paint- 
ing of the Greeks in its complete development, it 
will be well to examine both their technic systems 
and their mechanical means. 

VI. Techno. — Vehicles, Materials, <Ssc. (<pdp- 
fiaica, Skcu, &c, Pollux, vii. 128). The Greeks 
painted with wax, resins, and in water colours, to 
which they gave a proper consistency, according to 
the material upon which they painted, with gum 
(gummi), glue (glutinunx), and the white of egg 
(ovi albumen) ; gum and glue were the most com- 
mon. It does not appear that they ever painted 
in oil ; the only mention of oil in ancient writers 
in connection with painting, is the small quantity 
which entered into the composition of encaustic var- 
nish, to temper it. (Vitruvius, vii. 9 ; Plin. H. N. 
xxxiii. 40.) They painted upon wood, clay, plaster, 
stone, parchment, and canvas ; the last was, accord- 
ing to one account (Plin. H. N. xxxv. 33), not used 
till the time of Nero ; and though this Statement 
appears to be doubtful (" depictam in tabula 
sipariove imaginem rei," (Quint. Inst. Or. vi. 1. § 
32 ; see Raoul-Rochette, p. 331), the use of can- 
vas must have been of late introduction, as there 
is no mention of it having been employed by the 
Greek painters of the best periods. They generally 
painted upon panels or tablets (irivaKts, mvama, 
tabulae, tabellae), and very rarely upon walls ; 
and an easel similar to what is now used, was 
common among the ancients, who called it oKpiSas 
or KaXvSas. (Pollux, vii. 129.) Even in the 
time of Pliny, when wall-painting was common, 
those only who painted easel-pictures (tabulae) 
were held in esteem : ''sed nulla gloria artificum est 



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903 



nisi eorum qui tabulas pinxere " (H. X. xxxv. 37) ; 
that is, those who painted history or fable upon 
panels, in what is termed the historic or great 
style, the megalographia of Yitruvius (viL 4, 5), 
and the xf rnar °yP a 'P' ia °f Plutarch. (Arat. 13.) 
These panels, when finished, were fixed into frames 
of various descriptions and materials (Plin. H. X. 
xxxv. 45), and encased in walls. (Plin. //. 2V. 
xxxv. 10 ; Cic. in Verr. iv. 55 ; Dig 19. tit. L s. 
17. § 3 ; Miiller, Arch. § 319. 5 ; see Raoul-Ro- 
chette, Sur VEmploi de la Peinture, «£<■., and Le- 
tronne, Letires d'un Antiquaire, <L-c, works devoted 
to the discussion of this subject.) The ornamental 
panel-painting in the houses of Pompeii is evi- 
dently an imitation of this more ancient and more 
costly system of decorating walls. The wood of 
which these panels or tablets were generally made 
was Larch (Abies Larix, Larix femina, 'EAottj, 
Theophr. H. PL iiL 9. 7 ; Plin. //. X. xvL 73), 
and they were grounded or prepared for painting 
with chalk or white plaster ; this prepared ground 
was termed \zvkwuo, which term was applied also 
to the tablet itself when thus prepared. (Suidas, 
». v. ; iv irivani \t\tvKuuivt?, Athenag. /. c.) 

The style or cestrom used in drawing, and for 
spreading the wax colours, pointed at one end and 
broad and flat at the other, was termed ypa<pis by 
the Greeks and cestnim by the Romans ; it was 
generally made of metaL There is a representa- 
tion of an instrument of this description in one of 
the paintings of llerculaneum. (Antichita WErco- 
lano, vol. iii. pi. 45.) The hair pencil (peaicillus, 
penicUlum) was termed vnoypa<pts, and apparently 
also iaGSiov (xp<i(tiv Sia too fiaSSiov, Timaeus, 
Lex. Plat. s. v. Xpaivav : see Lctronnc, Encaustic, 
Journ. des Sav. Sept. 1835, on the meaning of 
(laSStov). 

The ancients used also a palette very similar to 
that used by the moderns, although it appears that 
there is no absolute mention of the palette in any 
ancient author. The fact, however, is sufficiently 
attested by the figure of Painting discovered in the 
so-called Pantheon at Pompeii, which holds the 
palette and brushes in her left hand. (Zahn, hi 
f lionsten ornamtnte und merkwurdigsten yem'dlde 
<ius I'ompeii llerlculanum und ijtaliiae, Berlin 1 828.) 
In the same work (plate 98) a female who is 
painting is represented holding something in her 
left hand which appears to be a palette, but it is 
not well defined even in the original. (Museum of 
Naples, No. 383. u La femmc Pcintrc," Pompdi. 
In the Anticliita d'Ercolano, it is given as a female 
copying a Hermes, vol.vii.pl. 1.) In the grotesque 
drawing of a portrait painter at work, copied by 
Mazois (Am Huinrs de I'nmpti, part ii. p. 68) from 
a picture in the Casa Carolina at Pompeii, a small 
table serves as a palette and stands close to his 
riant hand ; it appears to have seventeen different 
tints upon it. It is most probable that the " tabclla" 
of Pliny and the -wivixtnv of Pollux (or even the 
!"'{■'•»', x. 59) signified also palette as well as 
tablet. 

The ancient authors have left us less information 

concerning the media or vehicles < •;,« ••••a» used 

by the painters of antiquity than mi any other 
in, it'., r connected with ancient painting, (ium and 
glue, commis, gummi, glutinum, glutinum taurinum, 
Win evidently in common use. (Plin. //. .V. xxxv. 
SB ; Vitruv. vii. 10.) Pliny (//. iV. xiii. 20) speaks 
nf sarcocolla (I'maea Sarcocolla, Linnaeus) as a 
Hum most useful to painters. The Greeks received 



it from Persia. (Diosc. iii. 99.) Its substance has 
been analyzed by M. Pelletier. (See Merat, Did. 
Mid. Scien.) 

Mastich, a resin of the Pistacia Lentiscus. now 
much used by painters, is also mentioned by Greek 
and Roman writers (Plin. //. X. xiL 3C, xxiv. 28 ; 
Diosc. i. 96 ; Theophr. II. PI. vi. 4) ; the best was 
produced in the island of Chios. It was termed 
j>-nTiVT) (TX'vivT) and iiaarixv, also aKavSivr) aaa- 
Ttxv, resina lentiscina, masticke. There were va- 
rious kinds ; Pliny mentions a kind from Pontus 
which resembled bitumen. This resin was not 
improbably mixed with the Punic wax prepared 
for painting in encaustic, for the Abate Reqneno, 
who made many experiments in encaustic (Haggi 
sul ristabilimento deW antica arte dei Grcci e Ito- 
mani pittori, Parma 1787), asserts that it amalga- 
mates well with wax ; the same writer is also of 
opinion that the ancient encaustic painters used 
also amber (succinum) and frankincense or.olibanum 
(Thus masculum) in the preparation of their colours. 
Pliny (H. X. xxxiv. 26), speaking of verdigris, 
remarks that it was sometimes mixed with frank- 
incense. He also mentions (xiv. 25) other resins 
and substances which are useful to painters, and 
(xxiv. 22) particularly turpentine (Tercbinthimi), 
of which, as now, there were formerly various 
kinds. (See Geoffrey, Mater. Med. ; and Excurs. 
vi. ad Plin. //. X. xxiv. 22, ed. Lemaire.) 

The method of preparing wax, or Punic wax (rem 
Punica), as it was termed, is preserved in Pliny 
(//. .V. xxi. 49) and Dioscorides (ii. 105). It was 
the ordinary yellow wax, purified and bleached, by 
being boiled three distinct times in sea- water, with 
a small quantity of nitre, applying fresh water each 
time. When taken out of the water the third 
time, it was covered with a thin eloth and placed 
in the sun to dry. Wax thus purified was mixed 
with all species of colours and prepared for paint- 
ing ; but it was applied also to many other uses, as 
polishing statues, walls, &c. 

Pliny speaks of two kinds of bitumen or 
asphaltum (&ir<pa\Tos), the ordinary, and a white 
Babylonian bitumen (//. .V. xxxv. 51 ). It was used 
as a varnish for bronze statues. For an account of 
the colours used by the ancient painters, see the 
article Colorks, and John, Malerei der Alien, <L-c. 

VIL Methods of Painting. There were two 
distinct classes of painting practised by the an- 
cients ; in water colours, and in wax ; both of 
which were practised in various ways. Of the 
former the principal were fresco, al fresco ; and the 
various kinds of distemper (a tempera), with glue, 
with the white of egg, or with gums (a guazzo) ; 
and with wax or resins when these were rendered 
by any means vehicles that could be worked with 
water.* Of the latter the principal was through 
fire (5ii ttvpbs) termed encaustic (iyKavartK-i), 
encututica). The painting in wax, K-npoypcupla, or 
ship painting, inctrnmcnta narium (Liv. xxviii. 45), 
was distinct from encaustic. Compare Athenncus, 

* Wax becomes a water colour medium, when 
boiled with sarcocolla or mastich, according to the 
Abate Itequeno, who mixed five ounces of mastich 
with two of wax, which when boiled he cooled in 
a basin of cold wnter ; turpentine becomes such 
when well mixed with the white of egg and water. 
The yolk of egg, when mixed with vinegar, also 
makes a good working vehicle for this species of 
painting, but it does not require water. 

8 M i 



904 PICTURA. 

v. p. 204, b. ; Kr]poypa<piq KaT€Treiro'iKi\ro, which 
is distinct from rf/coves . . . . iv iyKav/xaat ypoupd- 
fievai Sia wvphs, Pint. Mor. Amator. 16.) 

Fresco was probably little employed by the 
ancients for works of imitative art, but it appears 
to have been the ordinary method of simply colour- 
ing walls, especially amongst the Romans. The 
walls were divided into compartments or panels, 
which were termed abaci, agaicej ; the composition 
of the stucco and the method of preparing the walls 
for painting is described by Vitruvius (vii. 3). 
They first covered the wall with a layer of ordi- 
nary plaster, over which, when dry, were succes- 
sively added three other layers of a finer quality, 
mixed with sand ; above these were placed still 
three layers of a composition of chalk and marble 
dust, the upper one being laid on before the under 
one was quite dry, and eacli succeeding coat being 
of a finer quality than the preceding. By this pro- 
cess the different layers were so bound together, 
that the whole mass formed one solid and beautiful 
slab, resembling marble, and was capable of being 
detached from the wall and transported in a wooden 
frame to any distance. (Vitruv. ii. 8 ; Plin. H. N. 
xxxv. 49.) Vitruvius remarks that the composition 
of the ancient Greek walls was so excellent, that 
persons were in the habit of cutting away slabs from 
them and converting them into tables, which had 
a very beautiful appearance. This colouring al 
fresco, in which the colours were mixed simply in 
water, as the term implies, was applied when the 
composition was still wet (udo tectorio), and on that 
account was limited to certain colours, for no 
colours except earths can be employed in this way, 
that have not already stood the test of fire. Pliny 
(H. N. xxxv. 31) mentions those colours which could 
not bo so employed : Purpurissum, Indicum, Caeru- 
leum, Melinum, Auripigmentum, Appianum, and 
Cerussa ; instead of Melinum they used Parae- 
tonium, a white from Egypt, which was by the Ro- 
mans considered the best of whites. [Colores.] 

The care and skill required to execute a work in 
fresco, and the tedious and expensive process of 
preparing the walls, must have effectually excluded 
it from ordinary places. The majority of the walls 
in Pompeii are in common distemper ; but those of 
the better houses, not only in Pompeii but in Rome 
and elsewhere, especially those which constitute 
the grounds of pictures, arc in fresco. All the 
pictures, however, are apparently in distemper of a 
superior kind, or a guazzo, but the impasto is of va- 
rious qualities ; in some it appears to have the con- 
sistency of oil painting without its defects, in others 
it is very inferior. 

Ordinary distemper, that is, with glue or size, is 
probably 'the most ancient species of painting ; 
many of the ancient ornamental friezes and painted 
bassi-relievi in the temples and ruins in Egypt, and 
also many of the most ancient remains in Italy, are 
painted in this manner. 

The fresco walls, when painted, were covered 
with an encaustic varnish, both to heighten the 
colours and to preserve them from the injurious 
effects of the sun or the weather. Vitruvius (vii. 9) 
describes the process as a Greek practice, which 
they termed Kavais. When the wall was coloured 
and dry, Punic wax, melted and tempered with a 
little oil, was rubbed over it with a hard brush 
(seta) ; this was made smooth and even by apply- 
ing a cauterium (Kavr^piov), or an iron pan, filled 
with live coals, over the surface, as near to it as 



PICTURA. 

was just necessary to melt the wax : it was then 
rubbed with a candle (wax ?) and a clean linen 
cloth, in the way that naked marble statues were 
done. (Compare Plin. H. N. xxxiii. 40.) The 
Abate Requeno supposes that the candles were used 
as a species of delicate cauterium, simply to keep 
the wax soft, that it might receive a polish from the 
friction of the linen ; but it is a subject that pre- 
sents considerable difficult}'. 

This kind of varnish was applied apparently to 
plain walls only, for Sir Humphry Davy discovered 
no remains whatever in the Baths of Titus, of 
an encaustic varnish upon paintings, although the 
plain walls had generally traces of a red varnish 
of this description. Neither Pliny nor Vitruvius 
mention anything about colour, but this is evidently 
a most simple addition, and does not interfere at 
all either with the principle or the application of 
the varnish. Paintings may have possibly been 
executed upon the walls after they were thus 
varnished. 

A method apparently very generally practised 
by the Roman and later Greek painters was En- 
caustic, which, according to Plutarch (I. c), was 
the most durable of all methods ; it was in very 
little use by the earlier painters, and was not 
generally adopted until after the time of Alexander. 
Pliny (H, N. xxxv. 39) defines the term thus : 
" ceris pingere ac picturam inurere," to paint with 
wax or wax colours, and to burn in the picture after- 
wards with the cauterium ; it appears therefore to 
have been the simple addition of the process of burn- 
ing in to the ordinary method of painting with wax 
colours.* Cerae (waxes) was the ordinary term 
for painters' colours amongst the Romans, but more 
especially encaustic colours and they kept them 
in partitioned boxes, as painters do at present. 
(" Pictores loculatas magnas habent arculas, ubi 
discolores sint cerae," Varro, de Re Rust. iii. 17.) 
They were most probably kept dry in these boxes, 
and the wet brush or pencil was rubbed upon them 
when colour was required, or they were moistened 
by the artist previous to commencing work. From 
the term cerae, it would appear that wax consti- 
tuted the principal ingredient of the colouring 
vehicle used, but this does not necessarily follow, 
and it is very improbable that it did ; there must 
have been a great portion of gum or resin in the 
colours, or they could not have hardened. Wax 
was undoubtedly a most essential ingredient, since 
it apparently prevents the colours from cracking : 
cerae therefore might originally simply mean colours 
which contained wax, in contradistinction to those 
which did not, but was afterwards applied gene- 
rally by the Romans to the colours of painters, as 



* There were various kinds of encaustic, with 
the pencil and with the cestrum ; but the difference 
between them and the common process in which 
the cauterium or heater was not applied cannot 
have been very great, for Pausias, whose style was 
in encaustic with the cestrum, nevertheless un- 
dertook to repair the paintings of Polygnotus at 
Thespiae, which were painted in the ordinary 
manner in water colours with the pencil. Pliny 
(H. N. xxxv.) in enumerating the most celebrated 
painters of antiquity speaks separately of those who 
excelled in either class ; chap. 36 is devoted to 
those who painted in the ordinary method with 
the pencil, and chap. 40 principally to those who 
painted in encaustic. 



PICT U HA. 

for instance by Statins (Sylv. i. 1. 100), " Apelleae 
cupcrent te scribere ccrae." The sponge (crvoyyia, 
sponyia), spoken of by Pliny and other writers in 
connection with painting, affords some proof that 
painting in water colours was the method generally 
practised by the ancient painters ; which is also 
corroborated by the small vessel placed close to the 
palette or table of the portrait-paint'T of the Casa 
Carolina of Pompeii, evidently for the purpose of 
washing his single brush in. Seneca (Ep. 121. 5) 
notices the facility and rapidity with which a 
painter takes and lays on his colours. That wax 
or resins may be used as vehicles in water-colours 
lias been already mentioned. 

The origin of encaustic painting is unknown. It 
was practised in two ways with the cestrum, 
namely, in wax and on ivory ; and in a third man- 
ner with the pencil. The last method, according 
to Pliny, was applied chiefly to ship-painting ; the 
colours were laid on hot. His words are, — " En- 
causto pingendi duo fuisse antiquitus genera con- 
stat, cera, ct in chore, cestro id est vinculo, donee 
classes pingi cocpere. Hoc tcrtium accessit, reso- 
lutis igni ceris penicillo utendi, quae pictura in 
navibtis ncc sole nec sale ventisque corrumpitur." 
(//. A', xxxv. 41.) This passage, from its concise- 
ness, presents many difficulties. "Cera, cestro," that 
is, in wax with the cestnim ; this was the method 
of Pausias : "in chore, cestro;" this must have 
been a species of drawing with a hot point, upon 
ivory, for it was, as is distinctly said, without wax, 
" cera, et in chore." The third method, " resolutis 
igni ceris penicillo utendi," though first employed 
on ships, was not necessarily confined to ship- 
painting ; and if the assertion of Pliny is correct, 
it must have been a very different style of painting 
from the ship-colouring of Homer, since he says it 
was of a later date than the preceding methods. 
The u inceramenta navium " of Livy, and the KTipo- 
ypatpia of Athcnaeus, mentioned above, may have 
been executed in this third method of Pliny ; the 
use of the cauterium, or process of burning in, is 
here not alluded to, but since he defined encaustic to 
be u ceris pingrre ac picturam inurere" (//. A', xxxv. 
89), its employment may be understood in this case 
also. It is difficult, however, to understand what 
effect the action of the cauterium could have in the 
second method (in ebore, cestro), which was without 
wax. It woivld appear, therefore, that the definition 
alluded to is the explanation of the first mentioned 
method only ; and it is probable that the ancient 
methods of painting in encaustic were not only 
three, but several ; the Kaiait of Vitruvius, men- 
tioned also by himself, is a fourth, and the various 
modes of ship painting add others to the number. 
Pliny ( //. .V. xvi. 23) himself speaks of ** zopissa," 
a composition of wax and pitch, which was scraped 
from ships ; and it is difficult to suppose that the 
higher class of encaustic was practised with the 
SMlllllll only, since the pencil is such an infinitely 
more efficient instrument for the pro|>er mixing and 
application of colours. (KtpaaaaBai ra xp<*^ ara , 
kui fCxaipov iroi«T<T0ai ri)i> iiriSoKyv avruiv, Lucinn, 
Imari. 7. vol. ii. p. 465, it. > The wax painting 
on the fictile vases, mentioned by Athenaeus (v. 
p. 200. (i), can have been scarcely executed with 
the cestrum ; and it is also unlikely that it was 
done with hot colours, as the painting of the 14 fig- 
liimm opus" mentioned by Pliny (//. .V. xxxvi. 
fit) may have been. Hut as there were various 
methods of painting in encaustic, it follows that 



PICTURA. 905 
the colours designed for this species of painting 
were also variously prepared, and those which 
were suited for one style may have been quite un- 
fit for another. All these styles, however, arc 
comparatively simple, compared with that of Pau- 
sias, in wax with the cestrum, " cera, cestro ; " and 
it is difficult for a modem practitioner to under- 
stand how a large and valuable picture could be 
produced by such a method ; unless these colours 
or cerae, which painters of this class, according to 
Varro (/. c), kept in partitioned boxes, were a 
species of wax crayons, which were worked upon 
the panel with the broad end of the cestrum 
(which may have had a rough edge) within an out- 
line or monogram, previously drawn or cut in, with 
the pointed end, and were afterwards fixed, and 
toned or blended by the action of the cauterium. 
Painters were in the habit of inscribing the word 
ivittavatv, " burnt it in," upon pictures executed 
in encaustic, as Nikios tvtnavatv, AuirtSnros ivi- 
Kavatv. (Plin. //. A r . xxxv. 10, 39.) 

VIII. Polychromy. The practice of varnishing 
and polishing marble statues has been already inci- 
dentally noticed. The custom was very general ; 
ancient statues were also often painted, and what 
is now termed polychrome sculpture was very com- 
mon in Greece, for the acrolithic and the chrys- 
elephantine statues were both of this description. 
Many works of the latter class, which were of ex- 
traordinary magnificence and costliness, are de- 
scribed by Pausanias. The term polychromy, thus 
applied, was apparently unknown to the ancients ; 
this species of painting is called by Plutarch 
{De Glor. Atlien. 6) ar/aXuarruv tyKavats, and ap- 
pears to have been executed by a distinct class of 
artists (ayaX^druv tyKavCTai). They arc men- 
tioned also by Plato (De ItcpuU. iv. 420. c), ol 
avbpiamai ypdtpovrts: and if it is certain that 
Plato here alludes to painting statues, it is clear 
that they were occasionally entirely painted, in 
exact imitation c.f nature ; for he expressly re- 
marks, that it is not by applying a rich or beautiful 
colour to any particular part, but by giving its 
local colour to each part, that the whole is made 
beautiful (a\V &6p(i ti to irpoa^KOVTa. «icda"rois 
diroSiSoirtr, to o\ov KoAbi/ iroioC/nef). That this 
was, however, not a general practice, is evident 
from the dialogue between Lycinus and Poly- 
stratus, in Lucian (Imag. 5 — 8), where it is clearly, 
though indirectly, stated, that the Venus of Cni- 
dus by Praxiteles, and other celebrated statues, 
were not coloured, although they may have been 
ornamented in parts and covered with an encaustic 
varnish. 

The practice of colouring statues is undoubtedly 
as ancient as the art of statuary itself ; although 
they were perhaps originally coloured more from a 
love of colour than from any design of improving 
tin' reieitililatice (I,,. reprcentaiiMii. Tin' Jupiter 
of the Capitol, placed by Tarquinius I'riscus, was 
coloured with minium. (Plin. //. A', xxxv. 45.) In 
later times the custom seems to have been reduced 
to a system, and was practised with more reserve. 
Considerable attention also seems to have been 
paid to the effect of the object as a work of art. 
Praxiteles being asked which of his marble works 
he most admired, answered, those which Niciashad 
had a band in, " quihus Nicias manum ndmo- 
vissct," so much, says Pliny (//. iV. xxxv. 40 ), did 
he attribute to his circumlitio. Nicias. there- 
fore, who painted in encaustic, seems in his youth 



906 



PICTURA. 



PICTURA. 



to have been an aya^/j-aTav iyKavtrrrts, or painter 
of statues, and from the approval of Praxiteles, 
excelled apparently in this description of painting 
or colouring. 

This view differs very materially from those 
which have been hitherto advanced upon this sub- 
ject, but it has not been adopted without mature 
consideration. 

In the " circumlitio" of Nicias, the naked form 
was most probably merely varnished, the colouring 
being applied only to the eyes, eyebrows, lips, and 
hair, to the draperies, and the various ornaments of 
dress ; and there can be little doubt that fine 
statues, especially of females, when carefully and 
tastefully coloured in this way, must have been ex- 
tremely beautiful ; the encaustic varnish upon the 
white marble must have had very much the effect 
of a pale transparent flesh. Gold was also abun- 
dantly employed upon ancient statues ; the hair of 
the Venus de Medicis was gilded, and in some, glass 
eyes and eyelashes of copper were inserted, examples 
of which are still extant. 

The practice also of colouring architecture seems 
to have been universal amongst the Greeks, and 
very general amongst the Roman3. It is difficult 
to define exactly what the system was, for there is 
scarcely any notice of it in ancient writers ; a few 
casual remarks in Vitruvius and Pausanias are all 
we possess of any value. Our information is drawn 
chiefly from the observations of modern travellers ; 
for traces of colour have been found upon most of 
the architectural ruins of Greece, and upon the 
ancient monuments of Italy and Sicily ; but with 
the exception of the Doric ruins at Corinth and the 
temple of Aegina, which are not of marble, the 
colouring was confined to the mouldings and other 
ornaments, the friezes, the metopes, and the tym- 
pana of the pediments. The exterior of the wall 
of the cella of the Aegina temple, and the columns 
of the Corinthian ruins, were covered with stucco 
and coloured red. It does not appear that the ex- 
terior walls when of marble were ever coloured, 
for no traces of colour have been found upon them. 
At an early age, before the use of marble, when 
the temples and public edifices were constructed 
mostly of wood, the use of colour must have been 
much more considerable and less systematic ; but 
during the most refined ages, the colouring, other- 
wise quite arbitrary, appears to have been strictly 
confined to the ornamental parts. From the traces 
found upon ancient monuments we are enabled to 
form a very tolerable idea of the ancient system of 
decorating mouldings. They were painted in va- 
rious ways and in a great variety of colours, and a 
tasteful combination of colours must have added 
greatly to the effect of even the richest mouldings. 
The ordinary decorations were foliage, ova, and 
beads ; but upon the larger mouldings on which 
foliage was painted, the outlines of the leaves were 
first engraved in the stone. Gilding and metal 
work were also introduced, particularly in the 
Doric order ; the architrave of the Parthenon at 
Athens was decorated with gilded shields. Friezes 
that were adorned with sculpture appear to have 
been invariably coloured, as also the tympana of 
the pediments ; in the Parthenon these parts were 
of a pale blue, in some of the Sicilian monuments 
red has been found. Some interior polychrome 
cornices of Pompeii are given in the work of Zahn 
(Die schonsten Ornaments, &c., pi. 91). 

In later times, amongst the Romans, the practice 



of colouring buildings seems to have degenerated 
into a mere taste for gaudy colours. Pliny and 
Vitruvius both repeatedly deplore the corrupt taste 
of their own times. Vitruvius (vii. S) observes 
that the decorations of the ancients were taste- 
lessly laid aside, and that strong and gaudy colour- 
ing and prodigal expense were substituted for the 
beautiful effects produced by the skill of the ancient 
artists. Pompeii, with much that is chaste and 
beautiful, has many traces also of what Vitruvius 
and Pliny complain of. Plate 99 of Zahn affords a 
beautiful specimen of the ancient wall-painting of 
Pompeii, in courts and interiors. For a further 
account of this subject, see Kugler, " Ueber die 
Polychromie der Griechischen Architectur und 
Sculptur und ihre Grenzen," Berlin, 1835. 

IX. Vase Painting. The fictile-vase painting 
of the Greeks was an art of itself, and was prac- 
tised by a distinct class of artists (Aristoph. Eccl. 
995, 996, Bekker), who must have required a 
peculiar instruction, and probably exercised their 
art according to a prescribed system. It is, how- 
ever, impossible to say anything positive regarding 
the history of this branch of ancient painting, as 
scarcely anything is known. The designs upon 
these vases (which the Greeks termed \i\KvBoi) 
have been variously interpreted, but they have been 
generally considered to be in some way connected 
with the initiation into the Eleusinian and other 
mysteries. (Lanzi, De' 1 Vasi Antichi dipinti ; 
Christie, Disquisitions upon the painted G-reek 
Vases ; Bottiger, Ideen, cfec.) They were given as 
prizes to the victors at the Panathenaea and other 
games, and seem to have been always buried with 
their owners at their death, for they have been 
discovered only in tombs. 

Vase painting cannot be adduced to determine 
the general nature or character of ancient painting 
as a liberal or imitative art ; though the rude de- 
signs upon the vases throw considerable light upon 
the progressive development of the art, as relates 
to style of design, and in some degree upon the 
principles of Grecian composition of the early times ; 
but their chief interest and value consist in the 
faithful pictures they afford of the traditions, cus- 
toms, and habits of the ancients. 

The ancient vase-painters were probably attached 
to the potteries, or the establishments in which 
the vases were made ; or themselves constituted 
distinct bodies, which from the general similarity 
of style and execution of the designs upon the 
vases, is not improbable. They do not seem to 
have been held in any esteem, for their names have 
not been preserved by any ancient writer ; and we 
only know the names of very few, from their being- 
inscribed upon the vases themselves, as Taleides, 
Assteas, Lasimos, Calliphon, and a few others. 
(Millin, Peintures de Vases Antiques, vol. i. pi. 3. 
pi. 44. vol. ii. pi. 37. pi. 61 ; Millingen, Anc. Uned. 
Man. pi. 27.) 

The words Ka\6s and KaX^, found frequently 
upon the ancient vases, are explained to be simple 
acclamations of praise or approval, supposed to be 
addressed to the person to whom the vase was pre- 
sented ; the words are frequently preceded or fol- 
lowed by a name, evidently that of the person for 
whom the vase was designed. The inscription 
also fj Tvdis /caA.7) has been found on some vases, 
which have probably been designed as presents for 
young females. D'Hancarville {Collection of Vases, 
<£c. Introd.) supposes that vase painting had en* 



PICTURA. 



PICTURA. 



907 



tiri lv ceased about the time of the destruction of 
Corinth, and that the art of manufacturing vases 
began to decline towards the reign of Trajan, and 
arrived at its last period about the time of the Anto- 
nines and Septimius Sevcrus. Vase painting had 
evidently ceased long before the time of Pliny, for 
in his time the painted vases were of immense 
value and were much sought after ; but the manu- 
facture of the vases themselves appears to have been 
still extensive, for he himself mentions sixteen 
celebrated potteries of his own time, eight in Italy 
and six elsewhere. The vases, however, appear to 
have been merely remarkable for the fineness or 
durability of the clay and the elegance of their 
shapes. (//. A*, xxxv. 46.) For the composition of 
the clay, with which these fictilia were made, 
see Fictile. 

Even in the time of the empire painted vases 
were termed " operis antiqui," and were then 
sought for in the ancient tombs of Campania and 
other parts of Magna Graecia. Suetonius (Jul. 
Caes. 81) mentions the discovery of some vases of 
this description in the time of Julius Caesar, in 
clearing away some very ancient tombs at Capua. 
It is also remarkable that not a single painted 
vase has been yet discovered in either Pompeii, 
IltTculaneum, or Stabiae, which is of itself almost 
sufficient to prove that vase painting was not 
practised, and also that painted vases were ex- 
tremely scarce. We may form some idea of their 
immense value from the statement of Pliny (//.A', 
xxxv. 4(i), that they were more valuable than the 
Murrhinc vases. [Mirriiinm Vasa.] The paint- 
ings on the vases, considered as works of art, vary 
exceedingly in the detail of the execution, although 
in style of design they may be arranged in two 
principal classes, the black and the yellow ; for 
those which do not come strictly under cither of 
these heads, are either too few or vary too slightly 
to require a distinct classification. The majority 
of the vases that have been as yet discovered have 
been found, in ancient tombs, about Capua and 
Nnla. 

The black vases, or those with the black figures 
upon the stained rcddisb-ycllow terra cotta, the 
best of which were found at Nola, arc the most 
ancient, and their illustrations consist principally 
of representations from the early mythological tra- 
ditions ; but the style of these vases was some- 
times imitated by later artists. (Plate 66, vol. iv. 
of D'Hancarvillc is an example.) The inferior ex- 
amples of this class have some of them traces of the 
graphis or ccstrum upon them, which appear to 
have been made when the clay was still soft ; some 
also have lines or scratches upon the figures, which 
have been added when the painting was completed. 
The style of the design of these black figures, or 
skiagrams, is what has been termed the Egyptian 
or Daedalian style. The varieties in this style 
arc, occasionally a purple tint instead of the black ; 
or the addition of a red sash, or white vest, and 
Sometimes a white face and white hands and 
h -t. A curious and interesting example of this 
kind of polychrom, in black, red, and white, was 
discovered m ar Athens in Hi 13, representing on 
one side a Minerva with a spear and shield, in the 
Daedalian style ; and on the reverse, in a some- 
what better style, a young man driving a biga 
nf most ancient construction ; it is supposed to 
represent Krichthonius. Near the Minerva is 
the following inscription, written from right to 



left: TON A0ENEON A0AON EMI, rwv '.W- 
j/eW aBXov tlfd, " I am the prize of the Athe- 
naea " (Panathenaea). It is supposed to be of 
the time of Solon. (Millingen, Anc. Unecl. Mon. 
pl.1.) 

The vases with the yellow monograms, or rather 
the black monograms upon the yellow grounds, 
constitute the mass of ancient vases. Their illus- 
trations are executed with various degrees of merit : 
those of inferior execution, also of this class, have 
traces of the graphis upon them, which appear to 
have been drawn upon the soft clay ; the only 
colour upon these, independent of that of the clay, 
is the dark back-ground, generally b'ack, which 
renders the figures very prominent. The designs 
upon the better vases are also merely monograms, 
with the usual dark back-grounds, but there is a 
very great difference between the execution of 
these and that of those just alluded to ; there are 
no traces whatever of the graphis upon them, their 
outlines are drawn with the hair pencil, in colour, 
similar to that of the back-ground, which is a 
species of black varnish, probably asphaltum ; or 
perhaps rather prepared with the gagates lapis 
(jet?) (7070x7)5) of Pliny, for he remarks that it 
is indelible when used on this kind of earthenware. 
(H. N. xxxvL 34.) 

The best of these vases, which probably belong 
to about the time of Alexander, are conspicuous 
for a very correct style of design, although they 
are invariably carelessly executed, especially in the 
extremities, but exhibit at the same time a surpris- 
ing facility of hand. The celebrated vase of Sir 
W. Hamilton's collection, now in the British Mu- 
seum, the paintings of which represent Hercules 
and his companions in the gardens of the Hcspe- 
rides, and the race of Atalanta and Hippomcnes, 
exhibits, for design, composition, and execution, 
perhaps the finest specimen of ancient vase paint- 
ing that has been yet discovered : the style of de- 
sign is perfect, but the execution, though on the 
whole laborious, is in many parts very careless. 
(D'Hancarville, plates 127, 128, 129, 130.) 

There appears to be no example of the more 
perfect monochrom (see No. III.) upon ancient 
vases, and examples of the polychrom are very 
rare. In Sir \V. Hamilton's collection there arc a 
few examples in which various colours have been 
added after the ordinary monogram has been com- 
pleted, for they arc not incorporated with the vase, 
as the black and ground tints are, but arc subject 
to scale and arc easily rubbed off. They consist of 
white, red, yellow, and blue colours. These vases 
are apparently of a later date than the above - for 
the style of design is very inferior. 

The Museums of Naples, Paris, London, and 
other cities afford abundant examples of these an- 
cient vases ; the Museo Horbonico at Naples 
contains alone upwards of 2500 specimens. The 
subjects of the illustrations are almost always con- 
nected with ancient mythology, and the execution 
is generally inferior to the composition. 

No opinion of the style of the designs upon 
ancient vases can be formed from tho generality of 
the great works purporting to illustrate them, which 
have been published of late years. Very few arc 
at all accurate in the lines and proportions, espe- 
cially of the extremities ; and in some, even the 
composition is not faithfully imitated. This is 
particularly thr case with the splendid works pub- 
lished by Dubois- Maissuniicuvr, LaWdc, and some 



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others, in which the illustrations are drawn with a 
care, precision, and uniformity of character quite 
foreign to the paintings on the vases. They all 
appear to he drawn rather according to common 
and perfect standards of the different styles, than 
to -be the faithful imitations of distinct original 
designs. Plates 25 and 26 of the first volume of 
Maissonneuve, purporting to he faithful imitations 
of the design upon the celebrated Nola vase, 
(in the Museum at Naples, No. 1846,) repre- 
senting a scene from the destruction of Troy, bear 
but little resemblance to the original. This remark 
is applicable also to the work of D'Hancarville and 
other earlier productions, but in a less degree. 
Perhaps the work which illustrates most faithfully 
the style of the designs upon ancient vases, as far 
as it goes, is that in course of publication by 
Gerhard (Auserlesene Griechische Vascnbilder, Ber- 
lin 1 839). The specimens also of ancient paintings, 
published by Raoul-Rochette (Peintures Antiques), 
have every appearance of being faithful imitations 
of the originals. 

X. Remains of Ancient Painting. There is a 
general prejudice against the opinion that the 
painting of the Greeks equalled their sculpture ; 
and the earlier discoveries of the remains of ancient 
paintings at Pompeii and Herculaneum tended 
rather to increase this prejudice than to correct it. 
The style of the paintings discovered in these cities 
was condemned both by Pliny and Vitruvius, and 
yet almost every species of merit may be discovered 
in them. What therefore must have been the pro- 
ductions which the ancients themselves esteemed 
their immortal works, and which singly were esti- 
mated equal to the wealth of cities? (Plin. H.N. 
xxxv. 32.) 

These remains of Pompeii and Herculaneum in- 
duced Sir Joshua Reynolds to form a decided 
opinion upon ancient painting. He remarks (Notes 
to Ft'esn. 37), " From the various ancient paint- 
ings which have come down to us we may form a 
judgment with tolerable accuracy of the excellencies 
and the defects of the arts amongst the ancients. 
There can be no doubt but that the same correct- 
ness of design was required from the painter as 
from the sculptor ; and if what has happened in 
the case of sculpture, had likewise happened in re- 
gard to their paintings, and we had the good 
fortune to possess what the ancients themselves 
esteemed their masterpieces, I have no doubt but 
we should find their figures as correctly drawn as 
the Laocoon, and probably coloured like Titian." 
This opinion has been further confirmed by later 
discoveries at Pompeii ; especially by the great 
mosaic of the Casa del Fauno discovered in 1831, 
supposed to represent the battle of Issus. (Mosaic, 
No. XV.) But the beauty of ancient sculpture 
alone is itself a powerful advocate in favour of this 
opinion ; for when art has once attained such a 
degree of excellence as the Greek sculpture evinces, 
it is evident that nothing mediocre or even inferior 
could be tolerated. The principles, which guide 
the practice of both arts, are in design and propor- 
tion the same ; arid the style of design in painting 
cannot have been inferior to that of sculpture. 
Several of the most celebrated ancient artists were 
both sculptors and painters ; Pheidias and Eu- 
phranor were both ; Zeuxis and Protogenes were 
both modellers ; Polygnotus devoted some atten- 
tion to statuary ; and Lysippus consulted Eupom- 
pus upon style in sculpture. The design of Pheidias 



and Euphranor in painting cannot have been in- 
ferior in style to that of their sculpture ; nor can 
Eupompus have been an inferior critic in his own 
art than in that of Lysippus. We have besides the 
testimony of nearly all the Greek and Roman 
writers of every period, who in general speak more 
frequently and in higher terms of painting than of 
sculpture. " Si quid generis istius modi me de- 
lectat, pictura delectat," says Cicero (ad Fam. vii. 
23). 

The occasional errors in perspective, detected in 
some of the architectural decorations in Pompeii, 
have been assumed as evidence that the Greek 
painters generally were deficient in perspective. 
This conclusion by no means follows, and is entirely 
confuted by the mosaic of the battle of Issus, in 
which the perspective is admirable ; in many other 
works also of minor importance the perspective has 
been carefully attended to. We know, moreover, 
that the Greeks were acquainted with perspective 
at a very early period ; for Vitruvius (vii. praef.) 
says, that when Aeschylus was exhibiting trage- 
dies at Athens, Agatharchus made a scene, and left 
a treatise upon it. By the assistance of this, De- 
mocritus and Anaxagoras wrote upon the same 
subject. (See Diet, of Biog. art. Affatharchus.) 
This class of painting was termed scenography 
(crKT]vo-ypa(p'ia) by the Greeks, and appears to have, 
been sometimes practised by architects. Cleis- 
thenes of Eretria is mentioned as architect and 
scenograph (crKr)voypd<pos). (Diog. ii. P25.) Se- 
rapion, Eudorus, and others, were celebrated as 
scene-painters. (Plin. H.N. xxxv. 37. 40.) Scene- 
painting was not perhaps generally practised until 
after the time of Aeschylus, for Aristotle (Poet. 4) 
attributes its introduction to Sophocles. 

The most valuable and the most considerable of 
the ancient paintings, that have been yet discovered, 
are : — The so-called Aldobrandini Marriage, Nozze 
Aldobrandine, originally the property of the Aldo- 
brandini family, which was found on the Esquiline 
Mount during the pontificate of Clement VIII., 
Ippolito Aldobrandini, and was placed by Pius 
VII. in the Vatican ; this painting, which is on 
stucco and contains ten rather small figures in three 
groups, is a work of considerable merit in composi- 
tion, drawing, and colour, and is executed with 
great freedom (Bb'ttiger and Meyer, Die Aldo- 
brandini schc Hoclizeit, Dresden 1810); and the 
following paintings of the Museo Borbonico at 
Naples, which are conspicuous for freedom of exe- 
cution and general technical excellence : the two 
Nereids found in Stabiae, Nos. 561 and 562, Cat. ; 
Telephus nourished by the roe, &c, from Hercu- 
laneum, No. 495 ; Chiron and Achilles, also from 
Herculaneum, No. 730 ; Briseis delivered to the 
heralds of Agamemnon, from Pompeii (Sir W. 
Gell, Pompeiana, pi. 39 and 40), No. 684 ; and 
the nine Ftfnambuli or Rope-dancers, which are 
executed with remarkable skill and facility. (Mus. 
Borb., Ant. d'Ercol., and Zahn contain engravings 
from these works ; for facsimiles of ancient paint- 
ings, see " Recueil de Peintures antiques, imite'es 
fidelement pour les couleurs et pour le trait, 
d'apres les desseins calorie's faits par P. S. Barton, 11 
&c. Paris 1 757, folio.) 

XI. Period of Development. — Essential Style. 
With Polygnotus of Thasos (b. c. 463) painting 
was fully developed in all the essential principles 
of imitation, and was established as an independent 
art in practice. The works of Polygnotus were' 



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909 



conspicuous for expression, character, and design ; 
the more minute discriminations of tone and local 
colour, united with dramatic composition and effect, 
were not accomplished until a later period. The 
limited space of this article necessarily precludes 
anything like a general notice of all the various 
productions of Greek painters incidentally men- 
tioned in ancient writers. With the exception, 
therefore, of occasionally mentioning works of ex- 
traordinary celebrity, the notices of the various 
Greek painters of whom we have any satisfactory 
knowledge will be restricted to those who, by the 
quality or peculiar character of their works, have 
contributed towards the establishment of any of 
the various styles of painting practised by the an- 
cients. A fuller account of each artist will be found 
under the respective names in the Dictionary of 
Greek and Human IS'uvjraphy. 

Polygnotus is frequently mentioned by ancient 
writers, but the passages of most importance re- 
lating to his style are in the Poelica of Aristotle (c. 
2 and 6) and the Imagines of Lucian (c. 7). The 
notice in Pliny (//. A', xxxv. 35) is very cursory ; 
he mentions him amongst the many before Oiymp. 
00, from which time he dates the commencement of 
his history, and simply states that he added much 
to the art of painting, such as opening the mouth, 
showing the teeth, improving the folds of draperies, 
painting transparent vests for women, or giving 
them various coloured head-dresses. Aristotle 
speaks of the general character of the design and 
expression of Polygnotus, Lucian of the colour ; in 
which respects both writers award him the highest 
praise. Aristotle (c. 2), speaking of imitation, 
remarks that it must be either superior, inferior, or 
equal to its model, which he illustrates by the cases 
of three painters : * Polygnotus," he says, " paints 
men butter than they arc, Pauson worse, and 
Dionysius as they arc." This passage alludes evi- 
dently to the general quality of the design of 
Polygnotus, which appears to have been of an ex- 
alted and ideal character. In another passage (c. 
6) he speaks of him as an aya6us r)0aypa^>os, or 
an excellent delineator of moral character and ex- 
pression, and assigns him in this respect a com- 
plete superiority over Zeuxis. From the passage 
in Lucian, we may infer that Polygnotus, Kuplira- 
nor, Apclles, and Action, were the best colourists 
among the ancients according to the general opinion 
( dpiaroi ifivovro KfpdaaaBat t& XV w^iaro, (cal tC- 
Kttipov notttaBai t^\v iniSoK^v airruv). He notices 
also in the same passage the truth, the elegance, and 
the flowing lightness of the draperies of Polygnotus. 

Pausanias mentions several of the works of 
1'iilvgnotiis, but the most important were his two 
great pointing*, or aeries of paintings, in the Lcsche 
of the temple of Apollo at Delphi, to a description 
of which Pausanias devotes seven chapters, (x. 
25—31, hii i. of Biog. $. v.) 

The painting of the destruction of Troy (and the 
other was similar in style) seems to have contained 
three rows of figures, with the names of each written 
near them, in distinct groups, covering the whole 
wall, each telling its own story, but all contributing 
to relate the talc of the destruction of Troy. It is 
evident from this description that we cannot decide 
upon either the merits or the demerits of the com- 
position, from the principles of art which guide the 
rules of composition of modem times. Neither 
perspective nor composition, as a whole, arc to be 
expected in such works as these, for they did not 



constitute single compositions, nor was any unity 
of time or action aimed at ; they were painted 
histories, and each group was no further connected 
with its contiguous groups, than that they all 
tended to illustrate different facts of the same stop,-. 

Polygnotus has been termed the Michel Angelo 
of antiquity. His style was strictly ethic, for his 
whole art seems to have been employed in illus- 
trating the human character ; and that he did 
it well, the surname of Ethograph ('HBoyfidtpos) 
given to him by Aristotle and others sufficiently 
testifies. His principles of imitation may be de- 
fined to be those of individual representation inde- 
pendently of any accidental combination of acces- 
sories ; neither the picturesque, nor a general and 
indiscriminate picture of nature, formed any part 
of the art of Polygnotus or of the period. Whatever, 
therefore, was not absolutely necessary to illustrate 
the principal object, was indicated merely by sym- 
bol : two or three warriors represented an army ; 
a single hut, an encampment ; a ship, a fleet ; and 
a single house, a city : and, generally, the laws of 
basso-rilievo appear to have been the laws of 
painting, and both were still to a great extent sub- 
servient to architecture. 

The principal contemporaries of Polygnotus were 
Dionysius of Colophon, Plcistaenctus and Panaenus, 
of Athens, brothers (or the latter, perhaps, a ne- 
phew) of Pheidias, and Micon, also of Athens. 

Dionysius was apparently an excellent portrait- 
painter, the Holbein of antiquity ; for besides the 
testimony of Aristotle, quoted above, Plutarch 
(Timol. 3G) remarks that the works of Dionysius 
wanted neither force nor spirit, but that they had 
the appearance of being too much laboured. Po- 
lygnotus also painted portraits. (Plut. Cimon, 4.) 

Panaenus assisted Pheidias in decorating the 
statue and throne of the ( Mympian Jupiter. Micon 
was particularly distinguished for the skill with 
which he painted horses. (Diet, of Biog. s.rv.) 

Prize contests also were already established, in 
this early period, at Corinth and at Delphi. Pliny 
(//. X. xxxv. 35) mentions that Panaenus was 
defeated in one of these at the Pythian games, by 
Timagoras of Chalcis, who himself celebrated his 
own victory in verse. 

The remarks of Quintilian (fust. Orator, xii. 10) 
respecting the style of this period arc very curious 
and interesting, although they do not accord en- 
tirely with the testimonies from Greek writers 
quoted above. He says, that notwithstanding the 
simple colouring of Polygnotus, which was little 
more than a rude foundation of what was after- 
wards accomplished, there were those who even 
preferred his style to the styles of the greatest 
painters who succeeded him ; not, as Quintilian 
thinks, without a certain degree of affectation. 

XII. listaJiiitinicnt if J'ainting. — Dramatic style. 
In the succeeding generation, about 420 n. c, 
through the efforts of Apollodonis of Athens and 
Zeuxis of Heraclca, dramatic effect was added to 
the essential style of Polygnotus, causing an epoch 
in the art of painting, which henceforth compre- 
hended a unity of sentiment and action, and the 
imitation of the local nnd accidental appearances of 
objects, combined with the historic and generic re- 
presentation of Polygnotus. The contemporaries 
of Apollodonis and Zeuxis, and those who carried 
out their principles, were, Parrhaniiis of Kphesus, 
Kupompus of Sicyon, and Timanthcs of Cythuus, 
all painters of the greatest fame. Athens and 



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Scyon were the principal seats of the art at this 
period. 

Apollodorus, says Plutarch, invented tone (tpQopav 
Kal aTr6xp<ucrw aulas), which is well denned by 
Puseli (Lee. 1) as " the element of the ancient 
'Apfioyij, that imperceptible transition, which, with- 
out opacity, confusion, or hardness, united local 
colour, demitint, shade, and reflexes." This must, 
however, not be altogether denied to the earlier 
painters ; for Plutarch himself (Timol. 36) attri- 
butes the same property to the works of Dionysius 
(iaxvv ex ovTa K£ " t6vov), though in a less degree. 
The distinction is, that what in the works of Dio- 
nysius was really merely a gradation of light and 
shade, or gradual diminution of liyht, was in those 
of Apollodorus a gradation also of ti?its, the tint 
gradually changing according to the degree of light. 
The former was termed toVos, the latter ap/xoyn ■ 
but the English term tone, when applied to a co- 
loured picture, comprehends both ; it is equivalent 
to the "splendor" of Pliny. (H. JV. xxxv. 11.) 

Apollodorus first painted men and things as they 
really appeared ; this is what Pliny (H. N. xxxv. 
36) means by " Hie primus species exprimere insti- 
tuit." The rich effect of the combination of light 
and shade with colour is also clearly expressed in 
the words which follow : " primusque gloriam 
penicillo jure contulit ; " also, " neque ante eum 
tabula ullius ostenditur, quae teneat oculos." We 
may almost imagine the works of a Rembrandt to 
be spoken of ; his pictures rivetted the eye. 
Through this striking quality of his works, he was 
surnamed the sliadower, ffmayparpos. (Hesychius, 
s.v. Comp. further Diet, of Biog, s. v.) 

Zeuxis combined a certain degree of ideal form 
with the rich effect of Apollodorus. Quintilian 
(I.e.) says that he followed Homer, and was 
pleased with powerful forms even in women. 
Cicero (Brut. 18) also praises his design. Zeuxis 
painted many celebrated works, but the Helen of 
Croton, which was painted from five of the most 
beautiful virgins in the city, was the most re- 
nowned, and under which he inscribed three verses 
(156—158) in the third book of the Iliad. (Valer. 
Max. iii. 7. § 3 ; Cic. de Invent, ii. 1 ; Aelian, 
V.H. iv. 12, &c.) Stobaeus (Serm. 61) relates 
an anecdote of the painter Nicomachus and this 
Helen, where the painter is reported to have ob- 
served to one who did not understand why the 
picture was so much admired, " Take my eyes 
and you will see a goddess." We learn from 
another anecdote, recorded by Plutarch (Pericl. 13), 
that Zeuxis painted very slowly. 

Parrhasius is spoken of by ancient writers in 
terms of the very highest praise. He appears to 
have combined the magic tone of Apollodorus, and 
the exquisite design of Zeuxis, with the classic in- 
vention and expression of Polygnotus ; and he so 
defined all the powers and ends of art, says Quin- 
tilian (I. c), that he was called the " Legislator." 
He was himself not less aware of his ability, for 
he termed himself the prince of painters. ('E\Xij- 
vav Trpwra (pepovra Te'x^s, Athen. xii. p. 543, c.) 
He was, says Pliny (H. N. xxxv. 36), the most 
insolent and most arrogant of artists. (Compare 
Athen. xv. p. 687, b. ; and Aelian, V. H. ix. 11.) 

Timanthes of Cythnus or Sicyon, was distin- 
guished for invention and expression ; the par- 
ticular charm of his invention was, that he left 
much to be supplied by the spectator's own fancy ; 
and although his productions were always admir- | 



able works of art, still the execution was surpassed 
by the invention. As an instance of the ingenuity 
of his invention, Pliny (H. N~. xxxv. 36. § 6) men- 
tions a sleeping Cyclops that he painted upon a 
small panel, yet conveyed an idea of his gigantic 
form by means of some small satyrs who were 
painted measuring his thumb with a thyrsus. He 
was celebrated also for a picture of the sacrifice of 
Iphigenia. (See the admirable remarks of Fuseli 
upon this picture, Lecture i.) Timanthes defeated 
Parrhasius in a professional competition, in which 
the subject was the contest of Ulysses and Ajax 
for the arms of Achilles. (Aelian, I.e. ; Plin. I. c.) 

Eupompus of Sicyon was the founder of the 
celebrated Sicyonian school of painting which was 
afterwards established by Pamphilus. Such was 
the influence of Eupompus's style, that he added a 
third, the Sicyonic, to the only two distinct styles 
of painting then recognized, the Helladic or Grecian 
and the Asiatic, but subsequently to Eupompus dis- 
tinguished as the Attic and the Ionic ; which with 
his own style, the Sicyonic, henceforth constituted 
the three characteristic styles of Grecian paint- 
ing. (Plin. H. N. xxxv. 36. s. 7.) We may judge, 
from the advice which Eupompus gave Lysippus, 
that the predominant characteristic of this style was 
individuality ; for upon being consulted by Lysip- 
pus whom of his predecessors he should imitate, he 
is reported to have said, pointing to the surrounding 
crowd, " Let nature be your model, not an artist." 
(Plin. //. N. xxxiv. 19. s. 6.) This celebrated 
maxim, which eventually had so much influence 
upon the arts of Greece, was the first professed 
deviation from the principles of the generic style of 
Polygnotus and Pheidias. 

XIII. Period of Refinement. The art of this 
period, which has been termed the Alexandrian, 
because the most celebrated artists of this period 
lived about the time of Alexander the Great, was 
the last of progression or acquisition ; but it only 
added variety of effect to the tones it could not im- 
prove, and was principally characterised by the 
diversity of the styles of so many contemporary 
artists. The decadence of the art immediately 
succeeded ; the necessary consequence, when, in- 
stead of excellence, variety and originalit}' became 
the end of the artist. " Floruit circa Philippum, 
et usque ad successores Alexandri," says Quinti- 
lian (/. c), " pictura praecipue, sed diversis virtuti- 
bus ; " and he then enumerates some of the princi- 
pal painters of this time, with the excellencies for 
which each was distinguished. Protogenes was 
distinguished for high finish ; Pamphilus and Me- 
lanthius for composition ; Antiphilus for facility ; 
Theon of Samos for his prolific fancy ; and for 
grace Apelles was unrivalled ; Euphranor was in 
all things excellent ; Pausias and Nicias were re- 
markable for chiaroscuro of various kinds ; Nico- 
machus was celebrated for a bold and rapid pencil; 
and his brother Aristeides surpassed all in the depth 
of expression. There were also other painters of 
great celebrity during this period : Philoxenus of 
Eretria, Asclepiodorus of Athens, Athenion of 
Maronea, Echion, Cydias, Philochares, Theomnes- 
tus, Pyreicus, &c. 

This general revolution in the theories and prac- 
tice of painting appears to have been greatly owing 
to the principles taught by Eupompus at Sicyon. 
Pamphilus of Amphipolis succeeded Eupompus in 
the school of Sicyon, which from that time became 
the most celebrated school of art in Greece. Pam- 



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311 



philps had th"e reputation of being the mo3t scientific 
artist of his time ; and such was his authority, 
says Pliny (H.X. xxxv. bo), that chiefly through 
his influence, first in Sicyon, then throughout all 
Greece, noble youths were taught the art of draw- 
ing before all others : the first exercise was pro- 
bably to draw a simple line, (rpa/xp.i]v i\Kvoai, 
Pollux, Tii. 128 ; see further, respecting the school 
of Pamphilus, Did. of Biog. s. v.) 

Nicomachus of Thebes was, according to Pliny 
(I.e.), the most rapid painter of his time ; but 
he was as conspicuous for the force and power 
of his pencil as for its rapidity ; Plutarch (Timol. 
36) compares his paintings with the verses of 
Homer. Nicomachus had many scholars, of whom 
Philoxcnus of Eretria was celebrated as a painter 
of battles ; a battle of Alexander and Dareius by 
him is mentioned by Pliny ( //. X. xxxv. 36) as one 
of the most celebrated paintings of antiquity ; but 
they were all surpassed by his own brother Aris- 
tcides, who appears to have been the greatest master 
of expression among the Greeks. We must, how- 
ever, apply some modification to the expression 
of Pliny (/. c), that Aristeides first painted the 
mind and expressed the feelings and passions of 
man, since ijdy, as it is explained by Pliny in this 
passage, cannot be denied to Polygnotus, Apollo- 
dorus, Parrhasius, Timanthes, and many others. 
(See further Did. of Biog. art. Aristeides.) 

Pausias of Sicyon painted in encaustic, with the 
cestrum, and seems to have surpassed all othrrs in 
tliis method of painting ; he was the pupil of Pam- 
philus, and the contemporary of Apelles. Pausias 
was conspicuous for a bold and powerful effect of 
light and shade, which he enhanced by contrasts 
and strong foreshortening*. (Did. of Hint). $. r.) 

Apellcs was a native of Ephesus or of Colo- 
phon (Suidas, s. v.), according to the general 
testimony of Greek writers, although Pliny (I.e.) 
terms him of Cos. Pliny asserts that he sur- 
passed all who either preceded or succeeded him ; 
the quality, however, in which he surpassed all 
other painters will scarcely bear a definition ; it 
has been termed grace, elegance, beauty, x<*P"i 
vtnustu*. Fuseli (/.<•<-. 1) defines the style of it. 
Apellcs thus : — u His great prerogative consisted 
more in the unison than the extent of his powers ; 
he knew better what he could do, what ought to 
be done, at what point he could nrrive, and what 
lay beyond his reach, than any other artist. Grace 
of conception and refinement of taste were his ele- 
ments, and went hand in hand with grace of exc- 
cution and taste in finish ; powerful and seldom, 
possessed singly, irresistible when united." 

The most celebrated work of Apclles was per- 
haps his Venus Anadyomene, Venus rising out of 
the waters. (Did. ofBiot/. art. Apclles.) 

lie excelled in portrait, and indeed all his 
works appear to hare been portraits in nn ex- 
tended sense ; for his pictures, both historical and 
allegorical, consisted nearly all of single figures, 
lie enjoyed the exclusive privilege of painting the 
portraits of Alexander. ( llor. Hp. ii. I. 'I'M.) One 
of these, which represented Alexander wielding 
the thund rbolts of Jupiter, termed the Alexander 
Ktpauvotpupoi appears to have been a masterpiece 
of elfect ; Jthc hand and lightning, says Pliny, 
seemed to start from the picture, and Plutarch 
(Airs. 4) informs us that the complexion was 
browner than Alexander's, thus making a finer 
contrast with the tire in his hand, which apparently 



constituted the light of the picture. Pliny (/. e.) 
tells us that Apellcs glazed his pictures in a manner 
peculiar to himself, and in which no one could 
imitate him. When his works were finished he 
covered them with a dark transparent varnish 
(most probably containing asphaltum), which had 
a remarkable effect in harmonizing and toning the 
colours, and in giving brilliancy to the shadows. 
Sir J. Reynolds discovered in this account of Pliny 
"an artist-like description of the effect of glazing 
or scumbling, such as was practised by Titian and 
the rest of the Venetian painters." (Xotes to 
Fresn. 37.) There is a valuable though incidental 
remark in Cicero (de Xut. Deor. i. 27), relating to 
the colouring of Apelles, where he says, that the 
tints of the Venus Anadyomcne were not blood, 
but a resemblance of blood. The females, and the 
pictures generally, of Apelles, were most probably 
simple and unadorned ; their absolute merits, and 
not their efftd, constituting their chief attraction. 
See further Diet, of Biog. s. v. 

Protogenes of Caunus, a contemporary of Apcl- 
les, was both statuary and painter ; he was re- 
markable for the high finish of his works, for a 
detailed account of which, as well as of his life and 
his relations with Apclles, see Did. of Biog. art 
Protogenes. 

Euphranor, the Isthmian, was celebrated equally 
as painter and statuary ; he was, says Pliny (//. A r . 
xxxv. 40), in all things excellent, and at all times 
equal to himself. He was distinguished for a pecu- 
liarity of style of design ; he was fond of a muscular 
limb, and adopted a more decided anatomical dis- 
play generally, but he kept the body light, in pro- 
portion to the head and limbs. Pliny says that 
Euphranor first represented heroes with dignity. 
Parrhasius was said to have established the canon 
of art for heroes ; but the heroes of Parrhasius 
were apparently more divine, those of Euphranor 
more human. We have examples of both these 
styles, in the kindred art of sculpture, in the Apollo 
and the Laocouii, and in the Mcleager and the 
Gladiator, or the Antinous and the Discobolus. 
It was to this distinction of style which Euphranor 
apparently alluded, when he Baid that the Theseus 
of Parrhasius had been fed upon roses, but his own 
upon beef. (Plat de Clor. Allien. 2 ; Plin. I.e.) 
Euphranor painted in encaustic, and executed many 
famous works ; the priiicijuil were a battle of Man- 
tincia, and a picture of the twelve gods. ( Plin. /. c. ; 
Pint. I.e. ; Paus. i. 3 ; Lucian, I mag. 7 ; Valer. 
Max. viii. 11. § 5 ; Eustath. ad 11. i. 52.'), &c.) 

Nicias of Athens was celebrated for the delicacy 
with which he painted females, and for the rich 
tone of chiaroscuro which distinguished his paint- 
ings. He also painted in encaustic. His most 
celebrated work was the vfxvla, or the region of 
the shades, of Homer (tierromantia I/omeri), which 
he declined to s^ll to Ptolemy I. of Egypt, who 
had offered 60 talents for it, nud preferred pre- 
senting to his native city, Athens, as he was then 
sufficiently wealthy. Nicias also pointed some of 
the marble statues of Praxiteles. (I'lin. //. ,V. 
xxxv. 40 ; Plat Mor. Hpicur. 11 ; sec No.VI 1 1.) 

Athenion of Maronea, who painted also in en- 
caustic, was, according to Pliny (/. r.), compared 
with, and even preferred by some to Nicias ; he 
was more nustere in colouring, but in his nusterity 
more pleasing, and if he had not died young, says 
Pliny, he would have Mirpn*»ed all men in paint- 
ing. He appears to hare looked ujion colours as a 



912 



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mere means, to have neglected pictorial effect, and, 
retaining individuality and much of the refinement 
of design of his contemporaries, to have endeavoured 
to combine them with the generic style of Poly- 
gnotus and Pheidias (ut in ipsa pictura eruditio 
eluceat). His picture of a groom with a horse is 
mentioned by Pliny as a remarkable painting. 

Philochares, the brother of the orator Aesehines, 
was also a painter of the greatest merit, according 
to Pliny (//. TV. xxxv. 10), although he is contemp- 
tuously termed by Demosthenes (Fals. Legat. p. 415, 
Reiske) " apainter of perfume-pots and tambours " 
(dXaSacr po6i\Kas Kal TOfiirava). 

Echion also, of uncertain country, is mentioned 
by Cicero (Brut. 18) and Pliny (H. N. xxxv. 36) 
as a famous painter. Pliny speaks of a picture of a 
bride by him as a noble painting, distinguished for 
its expression of modesty. A great compliment is 
also incidentally paid to the works of Echion by 
Cicero (Farad, v. 2), where he is apparently 
ranked with Polycletus. 

Theon of Samos was distinguished for what the 
Greeks termed (pavraaiai, according to Quintilian 
(I. c), who also ranks him with the painters of the 
highest class. Pliny (II. A'', xxxv. 40), however, 
classes him with those of the second degree. Aelian 
gives a spirited description of a young warrior 
painted by Theon. ( V. H. ii. 44.) 

XIV. Decline. The causes of the decline of 
painting in Greece are very evident. The political 
revolutions with which it was convulsed, and the 
various dynastic changes which took place after the 
death of Alexander, were perhaps the principal 
obstacles to any important efforts of art ; the in- 
telligent and higher classes of the population, upon 
whom painters chiefly depend, being to a great ex- 
tent engrossed by politics or engaged in war. 
Another influential cause was, that the public 
buildings were already rich in works of art, almost 
even to the exhaustion of the national mythology 
and history ; and the new rulers found the transfer 
of works already renowned a more sure and a more 
expeditious method of adorning their public halls 
and palaces, than the more tardy and hazardous 
alternative of requiring original productions from 
contemporary artists. 

The consequence was, that the artists of those 
times were under the necessity of trying other 
fields of art ; of attracting attention by novelty and 
variety : thus rhyparography (pvirapoypatpia), por- 
nography, and all the lower classes of art, attained 
the ascendancy and became the characteristic styles 
of the period. Yet during the early part of this 
period of decline, from about B. c. 300, until the 
destruction of Corinth by Mummius, B.C. 146, 
there were still several names which upheld 
the ancient glory of Grecian painting, but subse- 
quent to the conquest of Greece by the Romans, 
what was previously but a gradual and scarcely 
sensible decline, then became a rapid and a total 
decay. 

In the lower descriptions of painting which pre- 
vailed in this period, Pyreicus was pre-eminent ; 
he was termed Rhyparographos (f>vira.poypd<pos), 
on account of the mean quality of his subjects. He 
belonged to the class of genre-painters, or " peintres 
de genre bas," as the French term them. The 
Greek pvirapoypa<pla therefore is apparently equi- 
valent to our expression, the Dutch style. (See 
Diet, of Biog. art Pyreicus.) 

Pornography, or obscene painting, which, in the 



time of the Romans, was practised with the grossest 
licence (Propert. ii. 6 ; Sueton. Tib. 43 ; and Vit. 
Hor.), prevailed especially at no particular period 
in Greece, but was apparently tolerated to a con- 
siderable extent at all times. Parrhasius, Aristeides, 
Pausanias, Nicophanes, Chaerephanes, Arellius, 
and a few other iropuoypdfoi are mentioned as 
having made themselves notorious for this species 
of licence. (Athen. xiii. p. 567, b ; Plut. de and. 
Poet. 3 ; Plin. H. N. xxxv. 37.) 

Of the few painters who still maintained the 
dignity of the dying art, the following may be men- 
tioned : Mydon of Soli ; Nealces, Leontiscus, and 
Timanthes, of Sicyon ; Arcesilaus, Erigonus, and 
Pasias, of uncertain country ; and Metrodorus of 
Athens, equally eminent as a painter and as a 
philosopher. The school of Sicyon, to which the 
majority of the distinguished painters of this period 
belonged, is expressly mentioned by Plutarch 
(Arat. 12) as the only one which still retained any 
traces of the purity and the greatness of style of 
the art of the renowned ages. It appears to have 
been still active in the time of Aratus, about 250 
B. c, who seems to have instilled some of his own 
enterprising spirit into the artists of his time. 
Aratus was a great lover of the arts, but this did 
not hinder him from destroying the portraits of the 
Tyrants of Sicyon ; one only, and that but par- 
tially, was saved. (Plut. Arat. 13.) 

It was already the fashion in this age to talk of 
the inimitable works of the great masters ; and the 
artists generally, instead of exerting themselves to 
imitate the masterpieces of past ages, seem to have 
been content to admire them. All works bearing 
great names were of the very highest value, and 
were sold at enormous prices. Plutarch mentions 
that Aratus bought up some old pictures, but par- 
ticularly those of Melanthus and Pamphilus, and 
sent them as presents to Ptolemy III. of Egypt, 
to conciliate his favour, and to induce him to join 
the Achaean league. Ptolemy, who was a great 
admirer of the arts, was gratified with these pre- 
sents, and presented Aratus with 150 talents in con- 
sideration of them. (Plut. Arat. ] 2.) These were, 
however, by no means the first works of the great 
painters of Greece, which had found their way into 
Egypt. Ptolemy Soter had employed agents in 
Greece to purchase the works of celebrated masters. 
(Plut. Mor. Epicur. c. 11.) Athenaeus also (v. 
p. 196, e.) expressly mentions the pictures of Si- 
cyonian masters which contributed to add to the 
pomp and display of the celebrated festival of 
Ptolemy Philadelphia at Alexandria. 

From the time of Alexander the spirit of the 
Greeks animated Egyptian artists, who adopted 
the standard of Grecian beauty in proportion and 
character. Antiphilus, one of the most celebrated 
painters of antiquity, was a native of Egypt, per- 
haps of Naucratis. (Diet, of Biog. s.v.) Many 
other Greek painters also were established in Egypt, 
and both the population and arts of Alexandria 
were more Greek than Egyptian. (Quint, xii. 10 ; 
Plin. H. A r . xxxv. 37 and 40 ; Athen. v. p. 196.) 

Amongst the most remarkable productions of 
this period were, the celebrated ship of Hiero II. 
of Syracuse, which had Mosaic floors, in which 
the whole history of the fall of Troy was worked 
with admirable skill (Athen. v. p. 207, c), and the 
immense ship of Ptolemy Philopator, on the prow 
and stern of which were carved colossal figures, 
eighteen feet in height ; and the whole vessel, 



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913 



both interior and exterior, was decorated with paint- 
ing of various descriptions. (Athen. v. p. "204, a.) 

Nearly a century later than Aratus we have still 
mention of two painters at Athens of more than 
ordinary distinction, Heracleides a Macedonian, 
and Metrodorus an Athenian. The names of 
several painters, however, of these times are pre- 
served in Pliny, but he notices them only in a 
cursory manner. When Aemilius Paulus had con- 
quered Perseus, B. c. 168, he commanded the 
Athenians to send him their most distinguished 
painter to perpetuate his triumph, and their most 
approved philosopher to educate his sons. The 
Athenians selected Metrodorus the painter, pro- 
fessing that he was pre-eminent in botli respects. 
Heracleide3 was a Macedonian, and originally a 
ship-painter ; he repaired to Athens after the de- 
feat of Perseus. (Plin. //. A r .xxxv. 40.) Plutarch 
in his description of the triumph of Aemilius Paulus 
(in Vit. 32) says, that the paintings and statues 
brought by him from Greece were so numerous 
that they required 250 waggons to carry them in 
procession, and that the spectacle lasted the entire 
day. Aemilius appears at all times to have been 
a great admirer of the arts, for Plutarch (Aemil. 
Paul. 6) mentions that after his first consulship 
he took especial care to have bis sons educated in 
the arts of Greece, and amongst others in painting 
and sculpture ; and that he accordingly entertained 
masters of those arts (irAcurrai kojL (<aypdtpot) in 
his family. From which it is evident that the 
migration of Greek artists to Rome had already 
commenced before the general spoliations of Greece. 
Indeed Livy (xxxix. 22) expressly mentions, that 
many artists came from Greece to Rome upon the 
occasion of the ten days games appointed by Ful- 
vius Nobilior, 6.0.1)16. But Rome must have 
had its Greek painters even before this time ; for 
the picture of the feast of Gracchus's soldiers after 
the battle of Beneventum, consecrated by him in 
the temple of Liberty on the Avcntine, B.C. 213 
(Liv. xxiv. 16), was in all probability the work of 
a Greek artist. 

The system adopted by the Romans of plunder- 
ing Greece of its works of art, reprobated by 
Polybius (ix. 3), was not without a precedent. 
The Carthaginians before them had plundered all 
the coast towns of Sicily ; and the Persians, and 
even the Macedonians, carried off all works of art 
as the lawful prize of conquest. (Diodor. xiii. 90 ; 
Polyb. ix. 6. g 1 ; Liv. xxxi. 26; Plin. //. A r . xxxiv. 
19, xxxv. 36.) The Roman conquerors, however, 
at first plundered with a certain degree of modera- 
tion (Cic. in Vtrr. v. 4) ; as Marccllus at Syracuse, 
and Fabius Maximus at Tarentum, who carried 
away no more works of art than were necessary to 
adorn their triumphs, or decorate some of tho 
public buildings. (Cic. in Vtrr. v. ,52, ice. ; Plut. 
Fah. A/'tx. 22, MareeL 30.) The works of Greek 
art brought from Sicily by Marccllus, were the 
first to inspire the Romans with the desire of 
adorning their public edifices with statues and 
paintings ; which taste was converted into a pas- 
lion when they became acquainted with the gTcat 
treasures and almost inexhaustible resources of 
Greece ; and their rapacity knew no bounds. 
Plutarch says that Marceilui (in Vit. 21) was 
■Mated of having corrupted the public morals 
iHDflgh the introduction of works of art into 
Rome ; tincc from that period the people wasted 
much of their time in disputing nbout arts and 



artists. But Marcellus gloried in the fact, and 
boasted even before Greeks, that he was the first 
to teach the Romans to esteem and to admire the 
exquisite productions of Greek art. We learn 
from Livy (xxvi. 21) that one of the ornaments of 
the triumph of Marcellus, 214 B. c, was a picture 
of the capture of Syracuse. 

These spoliations of Greece, of the Grecian kinj- 
doms of Asia, and of Sicily, continued uninterrupt- 
edly for about two centuries ; yet, according to 
Mucianus, says Pliny (//. A', xxxiv. 17), such 
was the inconceivable wealth of Greece in works 
of art, that Rhodes alone still contained upwards 
of 3000 statues, and that there could not have 
been less at Athens, at Olympia, or at Delphi. 
The men who contributed principally to fill the 
public edifices and temples of Rome with the 
works of Grecian art, were Cn. Manlius, Fulviua 
Nobilior, who plundered the temples of Ambracia 
(Liv. xxxviii. 44), Mummius, Sulla, Lucullus, 
Scaurus, and Vcrres. (Liv. xxxix. 5, 6, 7 ; Plin. 
//. X. xxxiii. 53, xxxiv. 17, xxxvii. 6.) 

Mummius, after the destruction of Corinth, B.C. 
146, carried off or destroyed more works of art 
than all his predecessors put together. Some of his 
soldiers were found by Polybius playing at dice 
upon the celebrated picture of Dionysus by Aris- 
teides. (Strab. viii. p. 381.) Many valuable works 
also were purchased upon this occasion by Attains 
III., and sent to Pergamus ; but they all found 
their way to Rome on his death, B.C. 133, as he 
bequeathed all his property to the Roman people. 
(Plin. //. X. xxxiii. 53.) Scaurus, in his aedile- 
ship, B. c 58, had all the public pictures still re- 
maining in Sicyon transported to Rome on account 
of the debts of the former city, and he adorned the 
great temporary theatre which be erected upon that 
occasion with 3000 bronze statues. (Plin. H. X. 
xxxv. 40, xxxvi. 24.) Verres ransacked Asia and 
Achaia, and plundered almost every temple and 
public edifice in Sicily of whatever was valuable 
in it Amongst the numerous robberies of Verres, 
Cicero (in Verr. iv. 55) mentions particularly 
twenty-seven beautiful pictures taken from the 
temple of Minerva at Syracuse, consisting of por- 
traits of the kings and tyrants of Sicily. 

From the destruction of Corinth by Mummius, 
and the spoliation of Athens by Sulla, the higher 
branches of art, especially in painting, experienced 
so sensible a decay in Greece, thnt only two 
painters are mentioned who can be classed with 
the great masters of former times : Timnmachus of 
Byzantium, contemporary with Caesar (Plin. II, X. 
xxxv. 40, &c), and Action, mentioned by Lucian 
(/ma//. 7 ; Herod. 5), who lived apparently nbout 
the time of Hadrian. (Miiller, Arch'doL § 211. 1.) 
Yet Home was, about the end of the republic, full 
of painters, who appear, however, to have been 
chiefly occupied in portrait, or decorative and ara- 
besque painting : painters must nlso have been 
very numerous in Kgypt and in Asia. Paintings 
of various descriptions still continued to perform a 
conspicuous part in the triumphs of the Roman 
conquerors. In the triumph of Potnper over Mitliri- 
dates the portraits of the children nud family of 
thnt monarch were carried in the procession (Ap- 
pian, «V lirll. Milhriii. 117); and in one of Caesar's 
triumphs the portrait* of his principal enemies in 
the civil war were displayed, with the exception of 
that of Pompey. (Id. «V /W/. On/, ii. 1 01.) 

The school of art at Rhodes appears to have been 
3n 



914 



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the only one that had experienced no great change; 
for works of the highest class in sculpture were still 
produced there. The course of painting seems to 
have been much more capricious than that of sculp- 
ture ; in which masterpieces, exhibiting various 
beauties, appear to have been produced in nearly 
every age, from that of Pheidias to that of Hadrian. 
A decided decay in painting, on the other hand, is 
repeatedly acknowledged in the later Greek and 
in the best Roman writers. One of the causes 
of this decay may be, that the highest excellence 
in painting requires the combination of a much 
greater variety of qualities ; whereas invention and 
design, identical in both arts, are the sole elements 
of sculpture. Painters also are addicted to the 
pernicious, though lucrative, practice of dashing off 
or despatching their works, from which sculptors, 
from the very nature of their materials, are ex- 
empt : to paint quickly was all that was required 
from some of the Roman painters. (Juv. ix. 146.) 
Works in sculpture also, through the durability of 
their material, are more easily preserved than 
paintings, and they serve therefore as models and 
incentives to the artists of after ages. Artists, 
therefore, who may have had ability to excel in 
sculpture, would naturally choose that art in pre- 
ference to painting. It is only thus that we can 
account for the production of such works as the 
Antinous, the Laocoon, the Torso of Apollonius, 
and many others of surpassing excellence, at a 
period when the art of painting was comparatively 
extinct, or at least principally practised as mere 
decorative colouring, such as the majority of the 
paintings of Rome, Herculaneum, and Pompeii, 
now extant ; though it must be remembered that 
these were the inferior works of an inferior age. 

XV. Roman Painting. The early painting of 
Italy and Magna Graecia has been already noticed, 
and we know nothing of a Roman painting inde- 
pendent of that of Greece, though Pliny (H. N. 
xxxv. 7) tells us that it was cultivated at an early 
period by the Romans. The head of the noble 
house of the Fabii received the surname of Pictor, 
which remained in his family, through some paint- 
ings which he executed in the temple of Salus at 
Rome, n. c. 304, which lasted till the time of the 
emperor Claudius, when they were destroyed by 
the fire that consumed that temple. Pacuvius also 
the tragic poet, and nephew of Ennius, distin- 
guished himself by some paintings in the temple of 
Hercules in the Forum Boarium, about 180 B. c. 
Afterwards, says Pliny (I. c), painting was not 
practised by polite hands (honestis manibus) amongst 
the Romans, except perhaps in the case of Turpi- 
lius, a Roman knight of his own times, who exe- 
cuted some beautiful works with his left hand at 
Verona. Yet Q. Pedius, nephew of Q. Pedius, 
coheir of Caesar with Augustus, was instructed in 
painting, and became a great proficient in the art, 
though he died when young. Antistius Labeo also 
amused himself with painting small pictures. 

Julius Caesar, Agrippa, and Augustus were 
among the earliest great patrons of artists. Sue- 
tonius {Jul. Cues. 47) informs us that Caesar ex- 
pended great sums in the purchase of pictures by 
the old masters ; and Pliny (H. N. xxxv. 40) 
mentions that he gave as much as 80 talents for two 
pictures by his contemporary Timomachus of By- 
zantium, one an Ajax, and the other a Medea me- 
ditating the murder of her children. These pictures, 
which were painted in encaustic, were very cele- 



brated works ; they are alluded to by Ovid (Trist. 
ii. 525), and are mentioned by many other ancient 
writers. 

There are two circumstances connected with the 
earlier history of painting in Rome which deserve 
mention. One is recorded by Livy (xli. 28), who 
informs us that the Consul Tib. Sempronius Grac- 
chus, dedicated in the temple of Mater Matuta, 
upon his return from Sardinia, B.C. 174, a picture 
of apparently a singular description ; it consisted 
of a plan of the island of Sardinia, with repre- 
sentations of various battles he had fought there, 
painted upon it. The other is mentioned by Pliny 
(H. N. xxxv. 7), who says that L. Hostilius Man- 
cinus, B.C. 147, exposed to view in the forum a 
picture of the taking of Carthage, in which he had 
performed a conspicuous part, and explained its 
various incidents to the people. Whether these 
pictures were the productions of Greek or of Roman 
artists is doubtful ; nor have we any guide as to 
their rank as works of art. 

The Romans generally have not the slightest 
claims to the merit of having promoted the fine 
arts. We have seen that before the spoliations of 
Greece and Sicily, the arts were held in no consi- 
deration in Rome ; and even afterwards, until the 
time of the emperors, painting and sculpture seem 
to have been practised very rarely by Romans ; 
and the works which were then produced were 
chiefly characterised by their bad taste, being mere 
military records and gaudy displays of colour, al- 
though the city was crowded with the finest pro- 
ductions of ancient Greece. 

There are three distinct periods observable in 
the history of painting in Rome. The first, or great 
period of Graeco-Roman art, may be dated from 
the conquest of Greece until the time of Augustus, 
when the artists were chiefly Greeks. The second, 
from the time of Augustus to the so-called Thirty 
Tyrants and Diocletian, or from the beginning of 
the Christian era until about the latter end of the 
third century ; during which time the great ma- 
jority of Roman works of art were produced. The 
third comprehends the state of the arts during the 
exarchate ; when Rome, in consequence of the 
foundation of Constantinople, and the changes it 
involved, suffered similar spoliations to those which 
it had previously inflicted upon Greece. This was 
the period of the total decay of the imitative arts 
amongst the ancients. 

The establishment of Christianity, the division 
of the empire, and the incursions of barbarians, 
were the first great causes of the important revo- 
lution experienced by the imitative arts, and the 
serious check they received ; but it was reserved 
for the fanatic fury of the iconoclasts effectually to 
destroy all traces of their former splendour. 

Of the first of these three periods sufficient has 
been already said ; of the second there remain still 
a few observations to be made. About the be- 
ginning of the second period is the earliest age in 
which we have any notice of portrait painters 
(imaginum pictores), as a distinct class. Pliny 
mentions particularly Dionysius and Sopolis, as the 
most celebrated at about the time of Augustus, 
or perhaps earlier, who filled picture galleries with 
their works. About the same age also Lala of 
Cyzicus was very celebrated ; she painted, however, 
chiefly female portraits, but received greater prices 
than the other two. (Plin. H. N. xxxv. 37, 40.) 

Portraits must have been exceedingly numerous 



PICTURA. 



PIGNUS. 



915 



amongst the Romans ; Varro made a collection of 
the portraits of 700 eminent men. (Plin. H. A", 
xxxv. 2.) The portraits or statues of men who 
had performed any public service were placed in 
the temples and other public places ; and several 
edicts were passed by the emperors of Rome re- 
specting the placing of them. (Sueton. Titer. 26, 
Calig. 34.) The portraits of authors also were 
placed in the public libraries ; they were appa- 
rently fixed above the cases which contained their 
writings, below which chairs were placed for the 
convenience of readers. (Cic. ad Attic, iv. 10 ; 
Sueton. Tiber. 70, Calig. 34.) They were paint'-d 
also at the beginning of manuscripts. (Martial, xiv. 
186.) Respecting the imagines or wax portraits, 
which were preserved in "armaria " in the atria 
of private houses (Plin. H. N. xxxv. 2 ; Senec. de 
Bene/', iii. 28), there is an interesting account in 
Polybius (vi. 53). With the exception of Aetion, 
as already mentioned, not a single painter of this 
period rose to eminence : although some were of 
course more distinguished than others ; as the 
profligate Arellius ; Fabullus, who painted Nero's 
golden house ; Dorotheus, who copied for Nero the 
Venus Anadyomene of Apelles ; Cornelius Pinus, 
Accius Priscus, Marcus Ludius, Mallius, and others. 
(Plin. //. A', xxxv. 37, &c.) Portrait, decorative, 
and scene painting seem to have engrossed the art 
Pliny and Vitruvius regret in strong terms the de- 
plorable state of painting in their times, which was 
but the commencement of the decay ; Vitruvius 
has devoted an entire chapter (vii. .5) to a lament- 
ation over its fallen state ; and Pliny speaks of it 
as a dying art. (//. A r . xxxv. 11.) The latter 
writer instances (//. .V. xxxv. 33) as a sign of the 
madness of his time (nostrae aetatis insuninm), the 
colossal portrait of Nero, 120 feet high, which was 
painted upon canvas, a thing unknown till that 
time. 

Marcus Ludius, in the time of Augustus, became 
Tery celebrated for his landscape decorations, which 
were illustrated with figures actively employed in 
occupations suited to the scenes ; the artist's name, 
however, is doubtful. (See Diet, of liioy. i. v.) 
This kind of painting became universal after his 
time, and apparently with every species of licence. 
Vitruvius contrasts the state of decorative painting 
in his own age with what it was formerly, and he 
enumerates the various kinds of wall painting in 
use amongst the ancients. They first imitated the 
arrangement and varieties of slabs of marble, then 
the variegated frames and cornices of panels, to 
which were afterwards added architectural decora- 
tions ; and finally in the cxedrae were painted 
tragic, comic, or satyric scenes, and in the long 
galleries and corridors, various kinds of landscapes, 
or even subjects from the poets and the higher 
walks of history. Hut these things were in the 
time of Vitruvius tastelessly laid aside, and had 
given place to mere gaudy display, or the most 
phantastic and wild conceptions, such as many of 
the paintings which have been discovered in 
Pompeii. 

Painting now came to be practised by slave*, 
and painter* as a body were held in little or no 
esteem. Respecting the depraved application of 
the arts at this period sec Plin. //. .V. xxxv. 33 ; 
Petron. Sat. »li ; Propert. ii. 6 ; Sueton. Tilt. 43 ; 
Juvi'ii. i t. I 45, xii. 2H. 

Mosaic, or pirturu de mutivo, npus minirum, was 
fcry general ui Rome in the time of the early em- 



perors. It was also common in Greece and Asia 
Minor at an earlier period, but at the time of 
which we are now treating it began to a great 
extent even to supersede painting. It was u<ed 
chiefly for floors, hut walls and also ceilings were 
sometimes ornamented in the same way. (Plin. 
//. A', xxxvi. CO, 64 ; Athen. xii. p. 542, d. ; 
Senec. Ep. 86 ; Lucan, x. 1 1 6.) There were 
various kinds of mosaic ; the lithottrota were dis- 
tinct from the picturae de musivo. There were 
several kinds of the former, as the sectile, the tes- 
sellation, and the vermiculatum, which are all 
mechanical and ornamental styles, unapplicable to 
painting, as they were worked in regular figures. 
As a general distinction between musivum and 
lithostrotum, it may be observed that the picture 
itself was de musivo or opus musivum, and its 
frame, which was often very large and beautiful, was 
lithostrotum. The former was made of various 
coloured small cubes (tesserae or tessellue), of dif- 
ferent materials, and the latter of small thin slabs, 
crustae, of various marbles, etc. ; the artists were 
termed musirarii, and (juadraturii or tessellarii re- 
spectively. Pliny (//. A r . xxxvi. 60) attributes the 
origin of mosaic pavements to the Greeks. He men- 
tions the ** asarotu3 oecus " at Pergamum, by Sosus, 
the most celebrated of the Greek musivarii, the 
pavement of which represented the remnants of a 
supper. He mentions also at Pergamum the famous 
Canthanis with the doves, of which the ' Doves of 
the Capitol ' is supposed to be a copy. (Mus. Cap. 
iv. 69.) Another musivarius of antiquity was 
Dioscorides of Samos, whose name is found upon two 
mosaics of Pompeii. (A/us. liurb. iv. 34.) Five 
others are mentioned by M tiller. (Arc/idol. § 322. 
4.) There are still many great mosaics of the 
ancients extant. (See the works of Ciampini, 
Furietti, and Laborde.) The most interesting and 
most valuable is the one lately discovered in Pom- 
peii, which is supposed to represent the battle of 
Issus. This mosaic is certainly one of the most 
valuable relics of ancient art, and the design and 
composition of the work arc so superior to its exe- 
cution, that the original has evidently been the 
production of an age long anterior to the degenerate 
period of the mosaic itself. The composition is 
simple, forcible, and beautiful, and the design ex- 
hibits in many respects merits of the highest order. 
(Sec Nicolini, Quadra in musaico scoperto in I'am- 
j>eii ; Mazois, 1'ompci, iv. 48 and 49 ; and Miillcr, 
Deiikm'dler dtr alien Kunst, i. 55.) [R.N.W.] 

PIGNORATl'CIA ACTIO. [Pionds.] 
PI'GNORIS CA'PIU. [.Pun. Pionobu Ca- 
pionbji.] 

PIGN US, a pledge or security for a debt or de- 
mand, is derived, says Gaius (l)ig. 50. tit. 16. s. 
288), from jiwjnus 14 quia quae piguori dantur, 
maim traduntur." This is one of several instances 
of the failure of the Roman Jurists when they at- 
tempted etymological explanation of words. [Mu- 
TUL'JJ.J The el mi nt of pignus (/»■</) is contained 
in the word jxi(h)ii-o, and its cognate forms. 

A thing is said to he pledged to a man when it 
is made a security to him for some debt or demand. 
It is called, says L'lpian, Pignus when the posses- 
sion of the thing is given to him to whom it is 
made a security, and Hypothecs, when it is made 
a security without being put in li in possession. 
(Dig. 13. tit. 7. •. 9. | 2; Isidor. Druj. v. 25 ; 
sec also Cic. ad Film. xiii. 56.) The agreement 
fur pledge which was made without delivery of the 



916 



PIGNUS. 



PIGNUS. 



thing by bare agreement (nuda conventio) is pro- 
perly Hypotheca. (Inst. 4. tit. 6. § 7.) The 
law relating to Pignus and Hypotheca was in all 
essentials the same. The object of the pledging is 
that the pledgee shall in case of necessity sell the 
pledge and pay himself his demand out of the pro- 
ceeds. The original nature of pledge perhaps was 
simply the power of holding a debtor's property as 
a means of compelling him to pay ; and a power of 
sale would be a matter of agreement : but the 
later Roman jurists viewed a power of sale as a 
part of the contract of pledge. 

A pledge may be given (res hypothecae dari 
potest) for any obligation, whether money borrowed 
(mutua pecunia), dos, in a case of buying and sell- 
ing, letting and hiring, or mandatum ; whether 
the obligatio is conditional or unconditional ; for 
part of a sum of money, as well as for the whole. 
(Dig. 20. tit. 1. s. 5.) Any thing could be the ob- 
ject of pledge which could be an object of sale 
(Dig. 20. tit. 1. s. 9 ; Dig. 20. tit. 3. Quae res 
pignori vel hypothecae datae obligari non possunt), 
and it might be a thing corporeal or incorporeal ; 
a single thing or a university of things. If a 
single thing was pledged, the thing with all its in- 
crease was the security, as in the case of a piece 
of land which was increased by alluvio. If a shop 
(taberna) was pledged, all the goods in it were 
pledged, and if some of them were sold and others 
brought in, and the pledger died, the pledgee's 
security was the shop and all that it contained at 
the time of the pledger's death. (Dig. 20. tit. 1. 
s. 34.) If all a man's property was pledged, the 
pledge comprehended also his future property, un- 
less such property was clearly excepted. A man 
might also pledge any claim or demand that he 
had against another, whether it was a debt (nomen) 
or a thing (corpus). (Dig. 13. tit. 7. s. 18.) 

The act of pledging required no particular form, 
in which respect it resembled contracts made by 
consensus. Nothing more was requisite to establish 
the validity of a pledge than proof of the agree- 
ment of the parties to it. It was called Contractus 
pigneratitius, when it was a case of Pignus ; and 
Pactum hypothecae, when it was a case of Hypo- 
theca : in the former case, tradition was necessary. 
A man might also by his testament make a Pignus 
(Dig. 13. tit. 7. s. 26); for the Romans applied 
the notion of pignus to an annual payment left by 
way of legacy, and charged or secured on land. 
(Dig. 34. tit. 1. s. 12.) The intention of a man to 
pledge could in any case be deduced either from 
his words or from any acts which admitted of no 
other interpretation than an intention to pledge. 

A man could only pledge a thing when he was 
the owner and had full power of disposing of it ; 
but a part owner of a thing could pledge his share. 
A man could pledge another man's property, if the 
other consented to the pledge at the time' or after- 
wards ; but in either case this must properly be 
considered the pledge of the owner for the debt of 
another. If a man pledged a thing, which was not 
his, and afterwards became the owner of it, the 
pledge was valid. (Dig. 13. tit. 7. s. 20; 20. tit. 
2. s. 5.) 

The amount for which a pledge was security de- 
pended on the agreement : it might be for principal 
and interest, or for either ; or it might comprehend 
principal and interest, and all costs and expenses 
which the pledgee might be put to on account of the 
thing pledged. (Dig. 13. tit. 17. s. 8, 25.) For 



instance a creditor would be entitled to his neces- 
sary expenses concerning a slave or an estate which 
had been pignerated. 

Pignus might be created by a judicial sentence, 
as for instance by the decree of the praetor giving to 
a creditor power to take possession of his debtor's 
property {missio crcditoris in bona debitoris), either 
a single thing, or all his property, as the case might 
be. But the permission or command of the magis- 
trates did not effect a pledge, unless the person 
actually took possession of the thing. The follow- 
ing are instances : — the immissio damni infecti 
causa [Damnum Infectum] : legatorum servan- 
dorum causa, which had for its object the securing 
of a legacy which had been left sub conditione or 
die (Dig. 36. tit. 4) : missio ventris in posses- 
sionem, when the pregnant widow was allowed to 
take possession of the inheritance for the protec- 
tion of a postumus : and the missio rei servandae 
causa. The right which a person obtained by 
such Immissio was called Pignus Praetorium. It 
was called Pignoris capio, when the Praetor al- 
lowed the goods of a person to be taken who was 
in contempt of the court, or allowed his person to 
be seized after a judgment given against him (ex 
causa judicati) . 

There was also among the Romans a tacita 
hypotheca, which existed not by consent of the 
parties, but by rule of law (ipso jure), as a conse- 
quence of certain acts or agreements, which were 
not acts or agreements pertaining to pledging. 
(Dig. 20. tit. 2. In quibus causis pignus vel hypo- 
theca tacite contrahitur.) These Hypothecae were 
general or special. The following are instances of 
what were General Hypothecae. The Fiscus had a 
general hypotheca in respect of its claims on the 
property of the subject, and on the property of its 
agents or officers : the husband, on the property 
of him who promised a Dos : and legatees and 
fideicommissarii in respect of their legacies or fidei- 
commissa, on that portion of the hereditas of him 
who had to pay the legacies or fideicommissa. 
There were other cases of general hypothecae. 

The following are instances of Special hypo- 
thecae : — The lessor of a Praedium urbanum had 
an hypotheca, in respect of his claims arising out 
of the contract of hiring, on every thing which the 
lessee (inquilinus) brought upon the premises for 
constant use (invecta et illata). The lessor of a 
Praedium rusticum had an hypotheca on the fruits 
of the farm as soon as they were collected by the les- 
see (eolouus). (Dig. 20. tit. 2. s. 7; 19. tit. 2. s. 24.) 
A person who lent money to repair a ruinous 
house, had an hypotheca on the house and the 
ground on which it stood, provided the money 
were laid out on it ; but there was no hypotheca, 
if the money was lent to build a house with or to 
enlarge it or ornament it. Pupilli and minores 
had an hypotheca on things which were bought with 
their money. 

The person who had given a pledge, was still 
the owner of the thing that was pledged. He could 
therefore use the thing, and enjoy its fruits, if he 
had not given up the possession. But the agree- 
ment might be that the creditor should have the 
use or profit of the thing instead of interest, which 
kind of contract was called Antichresis or mutual 
use : and if there was no agreement as to use, the 
creditor could not use the thing, even if it was in 
his possession. The pledger could also sell the 
thing pledged, unless there were some agreement 



PIGNUS. 



PIGNUS. 



917 



to the contrary, bat such sale did not affect the 
right of the pledgee. (Dig. 13. tit. 7. s. 18. §.2.) 
If the pledger sold a movable thing that was pig- 
nerated, or that was specially hypothecated, with- 
out the knowledge and consent of the creditor, he 
was guilty of furtum. (Dig. 47. tit 2. s. 19. §6, 
and s. 68. pr.) If the pledger at the time of a 
pignus being given was not the owner of the thing, 
but had the" possession of it, he could still acquire 
the property of the thing by usucapion, for the 
pledging was not an interruption of the usucapio. 
[Possessio.] 

The creditor could keep possession of a pigner- 
ated thing till his demand was fully satisfied, and 
he could maintain his right to the possession against 
any other person who obtained possession of the 
thing. He could also pledge the thing that was 
pledged to him ; that is, he could transfer the 
pledge. (Dig. 20. tit. 1. s. 13. § 2.) He had also 
the right, in case his demand was not satisfied at 
the time agreed on, to sell the thing and satisfy his 
demands out of the proceeds (jus distrahendi sive 
vendendi jnynus). (Cod. 8. tit. 27 (28).) This 
power of sale might be qualified by the terms of 
the agreement ; but a creditor could not be de- 
prived of all power of sale ; nor could he be com- 
pelled to exercise his power of sale. Gaius (ii. 64) 
illustrates the maxim that he who was not the 
owner of a thing, could in some cases sell it, by 
the example of the pledgee selling a thing pledged; 
but he properly refers the act of sale to the will 
of the debtor, as expressed in the agreement of 
pledging ; and thus in legal effect, it is the debtor 
who sells by means of his agent, the creditor. An 
agreement that a pledge should be forfeited in case 
the demand was not paid at the time agreed on, 
was originally very common ; but it was declared 
by Constantine, A. D. 326, to be illegal. [Com.mis- 
soria I,ex.] In case of a sale the creditor, ac- 
cording to the later law, must give the debtor 
notice of his intention to sell, and after such notice 
he must wait two years before he could legally 
make a sale. If any thing remained over after 
satisfying the creditor, it was his duty to give it to 
the debtor ; and if the price was insufficient to 
satisfy the creditor's demand, his debtor was still 
his debtor for the remainder. If no purchaser at 
n reasonable price could be found, the creditor 
might become the purchaser, but still the debtor 
had a right to redeem the thing within two years 
on condition of fully satisfying the creditor. (Cod. 
8. tit. 34. ». A.) 

If there were several creditors to whom a thing 
was pledged which was insufficient to satisfy them 
all, he whose pledge was prior in time had a prc- 
ference over the rest (jxiliorrst in piffnore qui prhu 
crrdidit prruninm et arrrpit ht/jxit/trt-am, Dig. 'JO. 
tit. 4. ». II). There were some exceptions to this 
rule ; for instance, when a subsequent pledgee had 
lent his money to save the pledged thing from de- 
struction, he had a preference over a prior |.].-.1lt«--. 
(Dig. 20. tit. 4. I. 5, 6.) This rule has been 
adopted in the Knglish I,aw ns to money lent on 
ships and secured by bottomry bonds. 

Certain hvpotherae, both laiitne and founded on 
contract, had a preference or priority (pririlegium) 
M nil other claims. The Kiscus had a preference 
in IMMCt of its clnims ; the wife in respect of 

her do* ; the lender of nn y for the repair or 

restoration (if n building ; a pupillus with whose 
money n thing had been bought. Of those hypo- 



thecae which were founded on contract, the fol- 
lowing were privileged : the hypothecae of those 
who had lent money for the purchase of an im- 
movable thing, or of a shop, or for the building, 
maintaining, or improving of a house, &c, and had 
contracted for an hypotheca on the thing ; there 
was also the hypotheca which the seller of an 
immovable thing reserved by contract until he was 
paid the purchase-money. Of these claimants, the 
Fiscus came first ; then the wife in respect of her 
dos ; and then the other privileged creditors, ac- 
cording to their priority in point of time. 

In the case of unprivileged creditors, the ge- 
neral rule as already observed was, that priority in 
time gave priority of right. But an hypotheca 
which could be proved by a writing executed in a 
certain public form (instrumentum juMicc con- 
J'tctum), or which was proved by the signatures 
of three reputable persons (instrumentum quasi 
puhlice con/ectum), had a priority over all those 
which could not be so proved. If several hypo- 
thecae of the same kind were of the same date, he 
who was in possession of the thing had a priority. 

The creditor who had for any reason the priority 
over the rest, was intitled to be satisfied to the 
full amount of his claim out of the proceeds of the 
thing pledged. A subsequent creditor could ob- 
tain the rights of a prior creditor in several ways. 
If he furnished the debtor with money to pay off 
the debt, on the condition of standing in his place, 
and the money was actually paid to the prior 
creditor, the subsequent creditor stepped into the 
place of the prior creditor. (Dig. 20. tit. 3. s. 3.) 
Also, if he purchased the thing on the condition 
that the purchase-money should go to satisfy a 
prior creditor, he thereby stepped into his place. 
A subsequent creditor could also, without the con- 
sent cither of a prior creditor or of the debtor, pay 
off a prior creditor, and stand in his place to the 
amount of the sum so paid. This arrangement, 
however, did not affect the rights of an inter- 
mediate pledgee. (Dig. 20. tit. 4. s. 16.) 

The creditor had an actio hypothecaria or pig- 
noraticia in respect of the pledge against every 
person who was in possession of it and had not a 
better right than himself. This right of action 
existed indifferently in the case of Pignus and 
Hypotheca. The hypothecaria actio was designed 
to give effect to the right of the pledgee, and con- 
sequently for the delivery of the hypothecated 
thing or the payment of the debt. A creditor who 
had a Pignus, had also a right to the Intcrdictum 
retinendne et rccuperandac possessions, if he was 
disturbed in his possession. 

The pledgee was bound to restore n pignus on 
payment of the debt for which it hail been given ; 
and up to that time he wns bound to take proper 
care of it. On payment of the debt, he might bo 
sued in an actio pignornticia by the pledger, for 
the restoration of the thing, mid for any damage 
that it had sustained through his neglect The 
remedy of the pledgee against the pledger for his 
proper costs and charges in respect of the pledge, 
and for any dolus or culpa on the part of the 
pledger relating thereto, was by an actio pigno- 
rnticia coutraria. 

The pledge was extinguished if the thing 
perished, for the loss was the owner's ; it wns nlso 
extinguished if the thing wns changed so ns no 
longer to be the same, ns if a man should have all 
the timber in n merchant's yard as a security, and 
3.13 



918 PILA. 

the timber should be used in building a ship (Dig. 
13. tit. 7. s. 18. §3); if there was confusio, as 
when the pledgee became the owner of the thing 
that was pledged. It was also extinguished by 
the payment of the debt ; and in some other ways. 

The law of pledge at Rome was principally 
founded on the Edict. Originally the only mode 
of giving security was by a transfer of the Quiri- 
tarian ownership of the thing by Mancipatio or In 
jure cessio, if it was a Res Mancipi, on the condi- 
tion of its being re-conveyed, when the debt was 
paid (sub lege remancipaiionis or sub fiducia). [Fl- 
ducia.] Afterwards a thing was given to the 
creditor with the condition that he might sell it in 
case his demand was not satisfied : there was no 
transfer of the ownership. But so long as the 
creditor could not protect his possession by legal 
means, this was a very insufficient security. Ulti- 
mately the Praetor gave a creditor a right of action 
(actio in rem) under the name Serviana actio for 
the recovery of the property of a colonus which 
was his security for his rent (pro mercedibus fundi) ; 
and this right of action was extended under the 
name of quasi Serviana or hypothecaria generally 
to creditors who had things pignerated or hypothe- 
cated to them. (Inst. 4. tit. 6. s. 7.) As to the 
Interdictum Salvianum, see Interdictum. 

The progress of pledge in the Roman system 
was from the clumsy contrivance of a conveyance 
and reconveyance of the ownership, to the delivery 
(traditio) of a thing without a conveyance and 
upon an agreement that it should be a security 
(pignus), and finally to the simple Pactum hy- 
pothecae, in which case there was no delivery, and 
all that the creditor got, was a right to have some 
particular thing of the debtor subject to be sold to 
pay his debt. The hypotheca was the last stage 
in the development of the Roman law of Pledge. 
It gave facilities for pledging beyond what existed 
when the Pignus was only in use, because things 
could be hypothecated without a transfer of owner- 
ship or a giving of possession, such as mere rights 
of action, debts, and the like. In fact, Pawn or 
Pledge under the form of Hypotheca was perfected 
by the Romans, and there is nothing to add to it. 

The Roman Law of Pledge has many points of 
resemblance to the English Law, but more is com- 
prehended under the Roman Law of Pledge than 
the English Law of Pledge, including in that term 
Mortgage. Many of the things comprehended in 
the Roman Law of Pledge belong to the English 
Law of Lien and to other divisions of English 
Law which are not included under Pledge or 
Mortgage. 

(Dig. 20. tit. 1, 2, 3, &c. ; Cod. 8. tit. 14—35; 
Gaius, ii. 59 — 61 ; Dig. 13. tit. 7, and Cod. 4. 
tit. 24. De Pignoraticia Actione vel contra; Puchta, 
Inst. i. § 246, &c. ; there is an English treatise 
intitled " The Law of Pledges or Pawns as it was 
in use among the Romans, &c, by John Ayliffe, 
London, 1732," which appears to contain all that 
can be said, but the author's method of treating 
the subject is not perspicuous.) [G. L.] 

PILA (acpaipa), a ball. The game at ball 
(atyutpio-Tiicri) was one of the most favourite 
gymnastic exercises of the Greeks and Romans 
from the earliest times to the fall of the Roman 
empire. As the ancients were fond of attributing 
the invention of all games to particular persons or 
occasions, we find the same to be the case with re- 
spect to the origin of this game (Herod, i. 94 ; 



PILA. 

Athen. i. p. 14, d. e. ; Plin. vii. 56), but such 
statements do not deserve attention. "What is 
more to the purpose in reference to its antiquity is, 
that we find it mentioned in the Odyssee (vi. 100, 
&c. viii. 370, &c), where it is played by the 
Phaeacian damsels to the sound of music, and also 
by tvvo celebrated performers at the court of Alci- 
nous in a most artistic manner accompanied with 
dancing. 

The various movements of the body required in 
the game of ball gave elasticity and grace to the 
figure ; whence it was highly esteemed by the 
Greeks. The Athenians set so high a value on it, 
that they conferred upon Aristonicus of Carystus 
the right of citizenship, and erected a statue to 
his honour, on account of his skill in this game. 
(Athen. i. p. 19, a. ; compare Suidas, s. v. "OpxH "-) 
It was equally esteemed by the other states of 
Greece ; the young Spartans, when they were 
leaving the condition of ephebi, were called <r<pai- 
peis (Paus. iii. 14. § 6 ; Bockh, Corp. Inscr. n. 
1386, 1432), probably because their chief exercise 
was the game at ball. Every complete Gymnasium 
had a room (atyaipiar^piov, o<paipio~Tpa) devoted to 
this exercise [Gymnasium], where a special 
teacher (crcpaipio-TiKfis) gave instruction in the art ; 
for it required no small skill and practice to play 
it well and gracefully. 

The game at ball was as great a favourite with 
the Romans as the Greeks, and was played at 
Rome by persons of all ages. Augustus used to 
play at ball. (Suet. Aug. 83.) Pliny (Ep. iii. 1) 
relates how much his aged friend Spurinna exer- 
cised himself in this game for the purpose of ward- 
ing off old age ; and under the empire it was 
generally played before taking the bath, in a room 
(spliaeristerium) attached to the baths for the pur- 
pose ; in which we read of the pilicrepus or player 
at tennis. (Sen. Ep. 57 ; Orelli, Inscr. n. 2591.) 

The game at ball was played at in various ways : 
the later Greek writers mention five different 
modes, ovpavia, ZiriaKvpos, (patvivSa, apiraarSi', 
air6pf>at,is, and there were probably many other 
varieties. 1. Ovpavia was a game, in which the 
ball was thrown up into the air, and each of the 
persons who played strove to catch it, before it fell 
to the ground. (Pollux, ix. 106 ; Hesych. and 
Phot, s.v.; Eustath. ad Od. viii. 372. p. 1601.) 
2. 'EirlcrKvpos, also called i(pr)§iKT) and iir'iKotvos, 
was the game at foot-ball, played in much the 
same way as with us, by a great number of per- 
sons divided into two parties opposed to one an- 
other. (Pollux, ix. 104.) This was a favourite 
game at Sparta, where it was played with great 
emulation. (Siebelis, ad Paus. iii. 14. § 6.) 3. 
4>aici!/5a, called itperlvSa by Hesychius (s. v.), was 
played by a number of persons, who threw the 
ball from one to another, but its peculiarity con- 
sisted in the person who had the ball pretending 
to throw it to a certain individual, and while the 
latter was expecting it, suddenly turning, and 
throwing it to another. Various etymologies of 
this word are given by the grammarians. (Pollux, 
ix. 105 ; Etym. Mag. s. v. "pepeZs ; Athen. i. p.' 
15, a.) 4. 'Apiraardv, which was also played at 
by the Romans, is spoken of under Harpastum. 
5. 'kir6pp'a{,is, was a game in which the player 
threw the ball to the ground with such force as to 
cause it to rebound, when he struck it down again 
with the palm of his hand and so went on doing 
many times : the number of times was counted. 



PILBNTUM. 
(Pollux, ix. 105.) We learn from Plato (Uieaet. 
p. 146) that in one game of ball, played at by 
boys, though we do not know what kind it was, 
the bov who was conquered was called ass (vvos) ; 
and the one who conquered was named king 
(/3a<riA.euj). 

Among the Romans the game at ball was also 
played at in various ways. Pila was used in a gene- 
ral sense for any kind of ball : but the balls among 
the Romans seem to have been of three kinds ; 
the pila in its narrower sense, a small ball ; the 
follis, a great ball filled with air [Follis] ; and 
the paganica, of which we know scarcely anything, 
as it is only mentioned in two passages by Martial 
(vii. 32. 7*, xiv. 43), but from the latter of which 
we may conclude that it was smaller than the 
follis and larger than the pila. Most of the games 
at ball among the Romans seem to have been 
played at with the pila or small ball. One of the 
simplest modes of playing the ball, where two per- 
sons standing opposite to one another threw the 
ball from one to the other, was called datalim 
ludcre. (Plaut. Cure. ii. 3. 17.) But the most 
favourite game at ball seems to have been the 
trigon or j/tfa trigonalis, which was played at by 
three persons, who stood in the form of a triangle, 
(v rpiywvy. We have no particulars respecting 
it, but we arc told that skilful players prided 
themselves upon catching and throwing the ball 
with their left hand. (Mart. xiT. 46, vii. 72. 9). 

The ancient physicians prescribed the game at 
ball, as well as other kinds of exercise, to their 
patients ; Antyllus (ap. OrSbaa. vi. 32) gives some 
interesting information on this subject 

The persons playing with the pila or small ball 
in the annexed woodcut are taken from a painting 
in the baths of Titus (Descr. des Bains de Titus, 
pi. 17) ; but it is difficult to say what particular 
kind of game they are playing at. Three of the 
players have two balls each. 



PILEUS. 



919 




(Burette, /> /'* Sphiristirptf, p. 214, &c, in 
Miw. ile I'Arud. des Inscr. vol. i. ; Kraus<', Cfym- 
naslik u. Ago*, d. Hell. p. 299, Ate. ; Becker, 
SaUm, vol. i. p. 268, .v.i 

PILA. [MORTARIOM.] 
PILA'NI. I Kxkiu it is, p. .".01, b.] 
PI I.KNTUM, a splendid four-wheeled carriage, 
furnished with soft cushions, which conveyed the 
Roman matrons in sacred processions, and in going 
to the Circensian nnd other games. (V'irg. Am. viii. 
666 ; Hot. Kpist. ii. 1. 192 ; Claudian, Dt N'ipt. 
Ilunnr. ■J;;.'. ; l-.nl. (/rig. xx. 12.) This distinction 
was granted to them by the Senate on account ol 
their generosity in giving their gold and jewels on 
a particular occasion for the service of the state. 



(Liv. v. 25.) The Vestal virgins were conveyed 
in the same manner. (Prudentius contra Sym. ii. 
sub fin.) The pilentum was probably very like 
the Hjrmam.ua and Carpentim, but open at 
the sides, so that those who sat in it might both 
see and be seen. [J. Y.] 

PPLEUS or PTLEUM (Xon. Marc. iii. ; pilea 
virorum sunt, Serv. in Virrj. Aen. ix. 616). dim. 
PILE'OJ.US or PILE'OLUM (Colum. de A rl^r. 
25) ; (iriAoy, dim. mXiOV, second dim. iriA.iSioi' ; 
TriA.7)jua, 7riAinToV), any piece of felt ; more espe- 
cially, a skull-cap of felt, a hat 

There seems no reason to doubt that felting (fi 
itiA7)tik7), Plat. Polit. ii. 2. p. 296', ed. Bekker) is 
a more ancient invention than weaving [Tela], nor 
that both of these arts came into Europe from Asia. 

From the Greeks, who were acquainted with 
this article as early as the age of Homer (//. x. 
265) and Hesiod (Op. el Dies, 542, 54C), the use 
of felt passed together with its name to the Ro- 
mans. Among them the employment of it was 
always far less extended than among the Greeks. 
Nevertheless Pliny in one sentence, " Lanae et 
per se coactae vestem faciunt," gives a very exact 
account of the process of felting. (H. N. viii. 48. 
s. 73.) A Latin sepulchral inscription (Grater, 
p. 648. n. 4) mentions "a manufacturer of woollen 
felt " (tanarius coaclilarius), at the same time in- 
dicating that be was not a native of Italy (Lari- 
seus). 

The principal use of felt among the Greeks and 
Romans was to make coverings of the head fur the 
male sex, and the most common kind was a simple 
skull-cap. It was often more elevated, though still 
round at the top. In this shape it appears on 
coins, especially on those of Sparta, or such as ex- 
hibit the symbols of the Dioscuri ; and it is thus 
represented, with that addition on its summit, 
which distinguished the Roman flamincs and salii, 
in three figures of the woodcut to the article Apex. 
But the apex, according to Dionysius of llalicar- 
nassus, was sometimes conical ; and conical or 
pointed caps were certainly very common. 

In the Greek and Roman mythology different 
kinds of caps were symbolically assigned to indi- 
cate the occupations of the wearers. The painter 
Nicomachus first represented Ulysses in a cap, no 
doubt to indicate his sea-faring life. (Plin. //. A r . 
xxxvi. § 22.) The woodcut on the following page 
showB him clothed in the ExOMIS, and in the act of 
offering wine to the Cyclops. (Winckelmann, Man. 
Ined. ii. 154 ; Homer, Od. ix. 345 — 347.) He-hen 
wears the round cap ; but more commonly both he 
and the boatman Charon (see woodcut, p. 512) 
have it pointed. Vulcan (sec Woodcut, p. 7-6) 
and Daedalus wear the caps of common artificers. 

A cap of very frequent occurrence in the works 
of ancient art is that now generally known by the 
UBU of " the Phrygian bonnet." The Mysian 
pileus, mentioned by Aristophanes (Ar/iarn. 429), 
must have been one of this kind, For we find it 
continually introduced as the characteristic symbol 
of Asiatic life in paintings and sculptures of Priam 
(sec woodcut, p. 882) and Mithras (woodcut on 
title-page ), and in short in all the representations, 
not only of Trojans nnd Phrygians, but of Amazons 
(woodcut, p. 894 ), and of all the inhabitants of 
Asia Minor, nnd even of nations dwelling still 
further east. The representations of this Phrygian, 
or Mysian, cap in sculptured marble show that it 
was made of a strong and stiff material and of a 

I N I 



920 PILE US. 




conical form, though bent forwards and down- 
wards. By some Asiatic nations it was worn 
erect, as by the Sacae, whose stiff peaked caps 
Herodotus describes under the name of tcvpSaaiai. 
The form of those worn by the Armenians (m\o- 
(j>6poi 'Appevloi, Brunck, Anal. ii. 146) is shown 
on various coins, which were struck in the reign 
of Veins on occasion of the successes of the Roman 
army in Armenia, A. n. 161. It is sometimes 
erect, but sometimes bent downwards or truncated. 
The truncated conical hat is most distinctly seen 
on two of the Sarmatians in the group at page 213. 

Among the Romans the cap of felt was the 
emblem of liberty. When a slave obtained his 
freedom he had his head shaved, and wore instead 
of his hair an undyed pileus (wl\eov Kcvk6v, Diod. 
Sic. Exc. Leg. 22. p. 625, ed. Wess. ; Plaut. 
Amphit. i. 1. 306 ; Persius, v. 82). Hence the 
phrase servos ad pileum vocare is a summons to 
liberty, by which slaves were frequently called 
upon to take up arms with a promise of liberty. 
(Liv. xxiv. 32.) The figure of Liberty on some 
of the coins of Antoninus Pius, struck A. D. 145, 
holds this cap in the right hand. 

In contradistinction to the various forms of the 
felt cap now described, we have to consider others 
more nearly corresponding with the hats worn by 
Europeans in modern times. The Greek word 
treraaos, dim. tvet<xo"iov, derived from ireT&vvvfii, 
" to expand," and adopted by the Latins in the 
form petasus, dim. pctasunculus, well expressed the 
distinctive shape of these hats. What was taken 
from their height was added to their width. Those 
already described had no brim : the petasus of 
every variety had a brim, which was either exactly 
or nearly circular, and which varied greatly in its 
width. In some cases it is a circular disk without 
any crown at all, and often there is only a depres- 
sion or slight concavity in this disk fitted to the 
top of the head. Of this a beautiful example is 
presented in a recumbent statue of Endymion, 
habited as a hunter, and sleeping on his scarf: 
this statue belongs to the Townley Collection in I 



PILEUS. 

the British Museum, and shows the mode of wear- 
ing the petasus tied under the chin. In other in- 
stances, it is tied behind the neck instead of being 
tied before it. (See the next woodcut.) Very 
frequently we observe a boss on the top of the pe- 
tasus, in the situation in which it appears in the 
woodcuts, pages 259, 379. In these woodcuts 
and in that here introduced the brim of the petasus 
is surmounted by a crown. Frequently the crown 
is in the form of a skull-cap ; we also find it sur- 
rounded with a very narrow brim. The Greek 
petasus in its most common form agreed with the 
cheapest hats of undyed felt, now made in Eng- 
land. On the heads of rustics and artificers in 
our streets and lanes we often see forms the exact 
counterpart of those which we most admire in the 
works of ancient art. The petasus is also still 
commonly worn by agricul tural labourers in Greece 
and Asia Minor. In ancient times it was pre- 
ferred to the skull-cap as a protection from the sun 
(Sueton. Aug. 82), and on this account Caligula 
permitted the Roman senators to wear it at the 
theatres. (Dion Cass. lix. 7.) It was used by 
shepherds (Callim. Frag. 125), hunters, and tra- 
vellers. (Plaut. Amphitr. Prol. 143, i. 1. 287, 
Pseud, ii. 4. 45, iv. 7. 90 ; Brunck, Anal. ii. 170.) 
The annexed woodcut is from a fictile vase belong, 
ing to Mr. Hope (Costume, i. 71), and it repre- 
sents a Greek soldier in his hat and pallium. The 




ordinary dress of the Athenian ephebi, well exhi- 
bited in the Panathenaic Frieze of the Parthenon, 
now preserved in the British Museum, was the hat 
and scarf. [Chlamys.] (Brunck, Anal. i. 5, 
ii. 41 ; Philemon, p. 367, ed. Meineke ; Pollux, 
x. 164.) Among imaginary beings the same cos- 
tume was commonly attributed to Mercury (Arnob. 
adv. Gent. vi. ; Martianus Capella, ii. 176 ; Ephip- 
pus ap. Athen. xii. p. 537. f), and sometimes to 
the Dioscuri. 

Ancient authors mention three varieties of the 
petasus, the Thessalian (Dion Cass. /. c. ; Callim. 
Frag. 124 ; Schol. in Soph. Oed. Col. 316), the 
Arcadian (Brunck, Anal. ii. 384 ; Diog. Laert. vi. 
102), and the Laconian (Arrian. Tact. p. 12, ed. 
Blancardi) ; but they do not say in what the dif- 



PISTOR. 



PLAGIUM. 



921 



fcrcnce consisted. In like manner it is by no 
means clear in what respects the Cadsia differed 
from the petasus, although they are distinctly op- 
posed to one another by a writer in Athenaeus 
(xiL p. 537, e). Moreover in the later Greek au- 
thors we find iriAos used to denote a hat of other 
materials besides felt. (Athen. vi. p. 274.) 

On the use of felt in covering the feet see Udo. 

Felt was likewise used for the lining of helmets. 
[Galea.J For further illustrations of this subject, 
see Yates's Textrinum Antiquorum, P.I. Appen- 
dix D. [J. Y.] 

PILI'CREPUS. [Pila.] 

PILUM. [Hast a.] 

PINACOTHE'CA {that, S>vkv), a picture- 
gallery. Marcellus, after the capture of Syracuse, 
first displayed the works of Greek painters and 
sculptors to his countrymen, whose taste for the fine 
arts was gradually matured by the conquests of L. 
Scipio, Flamininus, and L. Paullus, and grew into 
a passion after the spoils of Achaia had been trans- 
ported by Mummius to Rome. Objects of this 
description were at first employed exclusively for 
the decoration of temples and places of public resort, 
but private collections were soon formed ; and to- 
wards the close of the republic we find that in the 
houses of the more opulent a room was devoted to 
the reception of paintings and statues. (Varro, 
R. R. i. 2. 59 ; Cic. in Verr. i. 21.) In the 
time of Augustus, Vitruvius includes the pinaco- 
theca among the ordinary apartments of a complete 
mansion, and gives directions that it should he of 
ample size and facing the north, in order that the 
light might be equable and not too strong. ( Vitruv. 
i. 2, vi 5. 7 ; compare Plin. //. X. xxxv. 2. 7. 
11 ; Mazois, /.•• Palais de Scaurus, cap. ix. ; 
Becker, OaJlus, vol. i. p. 92.) [W. R.j 

PISCATO'RII Ll'DI. [Lcdi Piscatorii.] 

PISCT'NA, properly a fish-pond, either of salt- 
water or of fresh (see the passages in Forccllini 
and Frcund) denotes also any kind of reservoir, 
especially those connected with the aqueducts and 
the baths. (Aquaeductuk, p. 1 14, a ; Hai.nkae, 
pp. 1(19, b., 19. a.) [P. S.] 

PISTILLUM. [Mortarium.] 

PISTOR ( oproiroiiJs ), a baker, from pinsere to 
pound, since com was pounded in mortars be- 
fore the invention of mills. [Moi.a.] At Rome 
bread was originally made at home by the women 
of the house ; and there were no persons at Rome 
who made baking a trade, or any slaves specially 
kept for this purpose in private houses, till n. r. 
173. (Plin. //..V. xviii. 11. s. 28.) In Varro's 
time, however, good bakers were highly prized, 
and great sums were paid for slaves who excelled 
in this art. ((/i ll. xv. 19.) The name was not 
confined to those who made bread only, but Wll 
also given to pastry-cooks and confectioners, in 
which case however they were usually called 
jnttom Huleiarii or ramliJurii. (.Mart. xiv. 222 ; 
Orelli, Inter, n. 4263.) The bakers at Rome, like 
most other tradespeople, formed a collegium. (Dig. 
3. tit. 4. i. 1 ; 27. tit. 1. s. 46.) 

Bread was often baked in mould* called artoptnr, 
and the loaves thus baked were termed artoptirii. 
(I'lin. //. .V. xviii. 1 1, s. 27, 21! ; Plant. Aulul. ii. 
9. 4.) In one of the bakehouse* discovered at 
Pompeii, several loaves have been found apparently 
baked in moulds, which may therefore lie regarded 
as 'irlnplieii ; they are represented below. They 
arc tlat and about eight inches in diameter. 




Bread was not generally made at home at 
Athens, but was sold in the market-place chiefly 
by women, called apronioKities. (Compare Aristoph. 
I'esp. 1389, 6cc.) These women seem to have 
been what the fish-women of London are at pre- 
sent ; they excelled in abuse, whence Aristophanes 
(Ran. 856) says, \oi8ope7ir0ai SoTrep aproiruKiSas. 
(Becker, Charikles, vol. i. p. 284.) 

PISTRPNUM. [Mola ; Mortarium.] 

PLAGA. [Rete.] 

PLAGIA'RIUS. [Plagium.] 

PLA'GIUM. This offence was the subject of 
a Fabia Lex, which is mentioned by Cicero (Pro 
Rabirio, c. 3), and is assigned to the consulship of 
Quintus Fabius and M. Claudius Marcellus, B. c. 
183 ; but without sufficient reason. The chief 
provisions of the Lex arc collected from the Digest 
(48. tit. 15. s. 6) : "if a freeman concealed, kept 
confined, or knowingly with dolus malus purchased 
an ingenuus or libcrtiuus against his will, or par- 
ticipated in any such acts ; or if he persuaded 
another person's male or female slave to run away 
from a master or mistress, or without the consent 
or knowledge of the master or mistress concealed, 
kept confined, or purchased knowingly with dolus 
malus such male or female slave, or participated in 
any such acts, he was liable to the penalties of the 
Lex Fabia." The penalty of the Lex was pecu- 
niary, and the consequence was Infamia ; but this 
fell into disuse, and persons who offended against 
the lex were punished, either by being sent to 
work in the mines or by crucifixion, if they were 
humiliores, or with confiscation of half of their 
property or perpetual relegation, if they were 
honestiores. The crime of kidnapping men became 
a common practice nnd required vigilant pursuit 
(Suetonius, (Marian, c. 32). A Scnatusconsultum 
ad Legem Fabiam did not allow a master to give 
or sell a runaway slave, which was technically 
called " fugam vendere ; " but the provision did 
not apply to a Blavc who was merely absent, nor 
to the case of a runaway slave when the master 
had commissioned any one to go after him and 
si II him : it wis the object of the provision to en- 
courage the recovery of runaway slaves. The name 
of the Scnatusconsultum, by which the Lex Fabia 
.i- amended, does not appear. 'I he u ord Plagium 
is said to come from the (ireck irAcfyoi, oblique, 
indirect, dolosus. Rut this is doubtful. Schroder 
float I. tit. 18. § 111) thinks that the derivation 
from plaga (a net) is more probable. He who 
committed plagium was plagiariua, a word which 
.Martial {Bp, i. 05) applies to a person who falsely 
gave himself nut as the author of a book ; and in 
this MOM the word has come into common use in 
our language. (Dig. 48. tit. 15 ; Cod. 9. tit 2(1 ; 
Paulus, S. R. i. tit. 6 a. ; Rein, Dai Criiiunnlrecht 
oVr Rumer, p. 386.; |G. L.] 



922 



PLANETAE. 



PLANET AE. 



PLANE'TAE, s. Stellae errantes (irXavh- 
toi s. ■wXavujxtvoi aarepes as opposed to to air\avrj 
ruiv aarpav). The popular astronomy ot the early 
Greeks was chiefly confined, as is pointed out else- 
where [Astronomia], to a knowledge of the 
morning and evening risings and settings of the 
brightest stars and most remarkable constellations, 
since upon these observations the formation and 
regulation of the primitive kalendars in a great 
measure depended. No single star was more likely 
to attract attention under such circumstances than 
the planet Venus, and accordingly The Morning 
Star ('Eaa<p6pos) is placed first among the stellar 
progeny of Erigeneia in the Tlicogony (381) — 

robs 5e ,ueV (sc. avi/xovs) aarepa riKnv 'Eaxr- 

(popov 'Hpiyzveia 
aarpa re KafxTrerowvra rd r ovpavbs io~re<pd- 

viarai, 

while both the Morning Star ('Eo><r<p6pos), and the 
Evening Star ("Eo-irepos), are named in the Ho- 
meric poems (II. xxii. 317, xxiii. 226, comp. Od. 
xiii. 93), where they are evidently regarded as 
distinct from one another. According to Apollo- 
dorus, in the second book of his work Tlepi Stewv, 
Pythagoras was the first who surmised that <i>«cr- 
<p6pos and"E<T7repos were one and the same, but by 
Phavorinus the honour of this discovery is ascribed 
to Parmenides. The latter certainly looked upon 
this body, which he called both 'Ewoj and"Ecnrepos, 
as altogether different in its nature from the fixed 
stars, for he placed it in his highest region or aether ; 
below it, but also in the aether, was the sun, and 
below the sun, in the fiery region (eV xtj5 wpuSei), 
which he calls ovpavbs, were the fixed stars. The 
term irXavi/rai seems, if we can trust Plutarch and 
Stobaeus, to have been recognised as early as the 
epoch of Anaximander, according to whom the sun 
stood highest in the universe, next below was the 
moon, and then the fixed stars and the planets (virb 
5e avrobs rd dir\avri riiv darpav Kal robs TrXavT]- 
Tas). Empedocles supposed the fixed stars to be 
imbedded in the crystalline sphere, which, accord- 
ing to his system, enveloped all things, but the 
planets to be detached from it, thus implying the 
necessity felt for some theory, which should account 
for their erratic course. Democritus wrote a trea- 
tise riepi T&v TrKavrjrwv, among which he reckoned 
the Sun, the Moon, and Quacpopos, but, as yet, 
their number had not been determined. This is 
expressly affirmed by Seneca (Quaest. Nat. vii. 
3), " Democritus subtilissimus antiquorum omnium 
suspicari ait se plures Stellas esse quae currant ; 
sed nec numerum illarum posuit, nec nomina, non- 
dum comprehensis quinque siderum cursibus. Eu- 
doxus ab vEgypto hos motus in Graeciam transtu- 
lit." But although Eudoxus may have been the 
first to communicate scientific details with respect 
to the orbits and movements of the planets, Philo- 
laus, a Pythagorean, who flourished more than a 
century earlier, was certainly acquainted with the 
whole five, for he maintained that there was a 
central fire around which the ten heavenly bodies 
(Se/ccs ari/xara Se?a) revolved. Of these, the most 
remote from the centre was ovpavbs, that is, the 
sphere containing the fixed stars, next in order 
were the planets, then the sun, then the moon, then 
the earth, and, below the earth, the Anticthon 
(avrix^av, see Arist. da Coelo, ii. 13), thus com- 
pleting the number ten if we reckon the planets as 
five. In the Timaeus of Plato, the planets are 



mentioned specifically as five in number (?jA.ios Kal 
oeArivri Kal irevre aWa ixcrrpa eVi'/cArji' exovra 
irKavrirai), and in the same passage, we for the 
first time meet with the name Hermes as connected 
with one of these (io>o-(f>6pov 5e Kal rbv Upbv 'Ep- 
ixov \ey6fxevov). It is not, however, until we come 
down to the Epinomis, the work of some disciple 
of Plato, that the whole five are enumerated, each 
with a distinguishing appellation derived from a 
god : rbv rov Kpdvov, rbv too Aibs, rbv rov "Apeoy, 
ri]v rrjs 'A(ppo5iT7)y, rbv rov 'Ep/xov. In the tract, 
Uepl k6o-liov, found among the writings of Aristotle, 
although probably not from his pen, we are fur- 
nished with a second set of names ■ — $aivwv for the 
star of Kronus ; <&ae8aiv, for that of Zeus ; Uvpdeis, 
for that of Ares ; $uo-<p6pos, for that of Aphrodite ; 
'SriXgwv, for that of Hermes ; and these seem to 
have been the ordinary designations employed by 
men of science. It is here stated also, that Tlvp6eis 
was by some termed the star of Herakles, and 
that %rl\guv was by some termed the star of Apollo. 
Pliny gives additional variations, for in his list 
they are catalogued as Sidus Saturni, Jovis, 
Martis s. Herculis, Veneris s. Junonis s. 
Isidis s. Matris Deum (Lucifer, Vesper), Mer- 
curi s. Apollinis ; and these may be still farther 
increased from Achilles Tatius, the grammarians 
and the lexicographers. 

The Earth being generally regarded as the centre 
of the Universe, the Moon was believed to be 
nearest to it, then the Sun, Venus, and Mercury ; 
beyond these was Mars, beyond Mars was Jupiter, 
beyond Jupiter was Saturnus, the fixed stars being 
the most remote of all. But while astronomers 
for the most part agreed in placing the Sun, Venus, 
and Mercury between the Moon and Mars, the 
greatest diversity of opinion obtained with regard 
to their relative position. According to some, the 
Sun was the nearest of the three to the Earth, ac- 
cording to others the most distant, while a third 
set of philosophers assigned to it the middle place 
between Venus and Mercury. In like manner, 
some supposed that Mercury was nearer to the 
Earth than Venus, others the reverse, and every 
possible combination of the three bodies was ex- 
hausted. 

Saturnus was believed to perform a complete 
revolution in thirty solar years, Jupiter in twelve, 
calculations approaching very nearly to the truth. 
The period of Mars was fixed at two years, a de- 
termination less accurate than the two former, 
but not very wide of the truth. As to Venus and 
Mercury, not even an approximation was made, for 
they were both believed to perform their revolution 
in exactly, or very nearly the same time as the Sun : 
Pliny, who affects great precision in this matter, 
fixes 348 days for Venus, and 339 days for Mercury. 

Saturnus being thus removed to a great distance 
from the source of heat was naturally viewed as 
possessing a cold and icy character (gelidae ac 
rigentis naturae — frigida stella Saturni), Mars, on 
the other hand, as of a hot and fiery nature, 
while Jupiter which lay between them enjoyed a 
temperature made up by the combination of the 
extremes. The astrologers caught up these notions, 
and uniting them with the legends of mythology, 
adapted them to their own purpose, uniformly 
representing the influence of Saturnus as malign, 
and that of Jupiter as propitious. 

Haec tamen ignorat, quid sidus triste minetur 

Saturni. Juv. vi. 569. 



PLAUSTRUM. 



PLEBES. 



923 



Saturaumque gravem nostro Jove frangimus una. 

Pers. v. 48. 

Te Jovis impio 
Tutela Saturno refulgens 
Eripuit. 

Hor. Carm. ii. 16. 22. 

It must be understood that in the above remarks, 
we have confined ourselves entirely to the popular 
notions which prevailed among the ancients with- 
out attempting to trace the progress of scientific 
observation, a subject which belongs to a formal 
history of astronomy, but does not fall within our 
limits. (Plut. de Placitis Philos. ii. 14, 1.5, 16 ; 
Stob. Eel. Pht/s. i. 23. § 1, 25. § 1 ; Diogen. Laert. 
viii. 14, ix. 23 ; Arat. Phaen. 454 ; Gemini Ele- 
menta Astron. c. 1 ; Achill. Tat. /sag. ad Arat. 
Phaen. xvii. ; Lydus, De Mens. v. &c ; Cic de 
Nat. Deor. ii. 20*; PI in. H.N. ii. 6. 8 ; Tac. Hist. 
v. 4 ; Macrob. Somn.Scip. 4.) [W. RJ 

PLA'STICA. [Statuaria.] 

PLAUSTRUM or PLOSTRUM.'Vim. PLOS- 
TELLUM (aua^a, dim. &/ta{is), a cart or waggon. 
This vehicle had commonly two wheels, but some- 
times four, and it was then called the fAauslrum, 
rnajus. The invention of four-wheeled waggons is 
attributed to the Phrygians. (Flin. //. .V. vii. 56.) 

Besides the wheels and axle the plaustrum con- 
sisted of a strong pole (temo), to the hinder part of 
which was fastened a table of wooden planks. 
The blocks of stone, or other things to be carried, 
were either laid upon this table without any other 
support, or an additional security was obtained 
by the use either of boards at the sides ((nrfprepia, 
liom. Od. vi. 70 ; Plato, Theaet. p. 467, Heindorf.) 
or of a large wicker basket tied upon the cart 
[wdptn, Horn. //. xxiv. 267, M. xr. 131). The 
annexed woodcut, taken from a bas-relief at Rome, 
exhibits a cart, the body of which is supplied by a 
basket. Similar vehicles are still used in many 
)«rts of Europe, being employed more especially 
to carry charcoal. 




In many cases, though not universally, the 
wheel* were fastened to the axle, which moved, as 
in our children's carts, within wooden rings adapt- 
ed for its reception and fnstened to the body. 
These rings wi re called in (Ire.-k euxa4<i»o8«j, in 
Latin arlmv-ulae. The parts of the axis, which re- 
volved within them, were sometimes cased with 
iron. (Vitruv. x. 20. § 14.) The commonest kind 
of cart-wheel was that called tpmjuinum, " the 
drum," from its resemblance to the musical instru- 
ment of the same name. (Varro, </<• lt<- ltu>t. in. ."> ; 
Virx. (Irnrij. ii. 414.) It was nearly a foot in 
thickness, and was made either by sawing the 
trunk of n tree across in nn horizontal direction, or 
by nailing together boards of tin- requisite shape 
and size. It is exemplified in tin- preceding 



woodcut, and in the sculptures on the arch of 
Septimius Severus at Rome. Although these 
wheels were excellent for keeping the roads in 
repair and did not cut up the fields, yet they 
rendered it necessary to take a long circuit in 
turning. They advanced slowly. (Virg. Georg. i. 
138.) They also made a loud creaking, which 
was heard to a great distance (stridentia ptuudra, 
Virg. Georg. iii. 536 ; gementia, Aen. xi. 138). 
Their rude construction made them liable to be 
overturned with their load of stone, timber, manure, 
or skins of wine (Juv. iii. 241 — 243), whence the 
Emperor Hadrian prohibited heavily loaded wag- 
gons from entering the city of Home. (Spartian. 
Hadr. 22.) The waggoner was sometimes required 
to aid the team with his shoulder. Accidents of 
this kind gave origin to the proverb " Plaustrum 
perculi," meaning " I have had a misfortune." 
( Plaut. Efiid. iv. 2. 22.) Carts of this description, 
having solid wheels without spokes, are still used 
in Greece (Dod well's Tour, vol. ii. pp. 102, 103) 
and in sonic parts of Asia. (Sir R. K. Porter's 
Travels, vol. ii. p. 533.) [J. Y.J 

PLEBE'II LUDI. [Ludi Plkbeii.] 
PLEBES or PLEBS. PLEBE1I. This word 
contains the same root as im-pleo, com-pleo, &c, 
and is therefore etymologically connected with 
■Kkr\6os, a term which was applied to the plebeians 
by the more correct Greek writers on Roman his- 
tory, while others wrongly called them Sij^tos or ol 
SrifioTiKOt. 

The plebeians were the body of commons or the 
commonalty of Rome, and thus constituted one of 
the two great elements of which the Roman nation 
consisted, and which has given to the earlier periods 
of Roman history its peculiar character and in- 
terest Before the time of Niebuhr the most in- 
consistent notions were entertained by scholars with 
regard to the plebeians and their relations to the 
patricians ; and it is one of his peculiar merits to 
have pointed out the real position which they oc- 
cupied in the history of Rome. 

The ancients themselves do not agree respecting 
the time when the plebeians began to form a part 
of the Roman population. Dionysius and Livy 
represent them as having formed a part of the Ro- 
mans as early as the time of Romulus, and seem 
to consider them as the clients of the patricians, or 
as the low multitude of outcasts who Hocked to 
Rome at the time when Romulus opened the asy- 
lum. (Dionys. i. 8 ; Liv. i. 8.) If there is any 
truth at all in these accounts of the early existence 
of the plebeians, we can only conceive them to 
have been the original inhabitants of the districts 
occupied by the new settlers ( Rimncs or Romans), 
who, after their territory was conquered, were kept 
in that state of submission in which conquered na- 
tions were so frequently held in early time*. 
There are also some other statements referring to 
such nn early existence of the plebeians ; fur the 
clients, in the time of Romulus, arc said to have 
been funned out of the plebeians. ( Dinrivs. ii. 9 ; 
I'lut. /{omul. 13 ; Cic. de He PuU. ii. 9 ; Feat 
a. r. Ptitroriniit.) In the early times of Rome tho 
position of a client was in many respect* undoubt- 
edly far more favourable than that of a plebeian, 
and it is not improbable that some of the plebeians 
mny for this Won have entered into the relation 
of elientela to some patricians, and have given up 
the rights which they had as free plebeians ; and 
occurrences of this kind may have given rise to the 



924 



PLEBES. 



PLEBES. 



story mentioned by the writers just referred to. A 
recent writer, Dr. W. Ihne (Forschungen auf dem 
Gebieteder R'6m.Verfa$sungsgesc/iiclrfe,Frank{. 1847) 
has undertaken with very plausible arguments to 
prove that originally plebeians and clients were the 
same people, and that originally all the plebeians 
were clients of the patricians, from which dependent 
relation they gradually emancipated themselves. 

Whatever may be thought of the existence of 
plebeians at Rome in the earliest times, their num- 
ber at all events cannot have been very great. The 
time when they first appear as a distinct class of 
Roman citizens in contradistinction to the patri- 
cians, is in the reign of Tullus Hostilius. Alba, 
the head of the Latin confederacy, was in his reign 
taken by the Romans and razed to the ground. 
The most distinguished of its inhabitants were 
transplanted to Rome and received among the patri- 
cians ; but the great bulk of Alban citizens, some 
of whom were likewise transferred to Rome, and 
received settlements on the Caelian hill, were kept 
in a state of submission to the populus Romanus or 
the patricians. This new population in and about 
Rome, combined, perhaps, with the subdued original 
inhabitants of the place, which in number is said to 
have been equal to the old inhabitants of the city 
or the patricians, were the plebeians. They were 
Latins, and consequently of the same blood as the 
Ramnes, the noblest of the three patrician tribes. 
(Liv. i. 30 ; Dionys. iii. 29, 31 ; Val. Max. iii. 4. 
§ 1.) After the conquest of Alba, Rome, in the 
reign of Ancus Marcius, acquired possession of a 
considerable extent of country containing a number 
of dependent Latin towns, as Medullia, Fidenae, 
Politorium, Tellenae, and Ficana. Numbers of 
the inhabitants of these towns were again trans- 
planted to Rome, and incorporated with the ple- 
beians already settled there, and the Aventine was 
assigned to them as their habitation. (Liv. i. 33 ; 
Dionys. iii. 31, 37.) Many, however, remained in 
their original homes, and their lands were given 
back to them by the Romans, so that they re- 
mained free land-owners as much as the conquerors 
themselves, and thus were distinct from the clients. 

The order of plebeians or the commonalty, which 
had thus gradually been formed by the side of the 
patricians, and which far exceeded the populus in 
number, lived partly in Rome itself in the districts 
above mentioned, and partly on their former estates 
in the country subject to Rome, in towns, villages, 
or scattered farms. The plebeians were citizens, 
but not optimo jure ; they were perfectly distinct 
from the patricians, and were neither contained in 
the three tribes, nor in the curiae nor in the patri- 
cian gentes. They were consequently excluded 
from the comitia, the senate, and all civil and 
priestly offices of the state. Dionysius is greatly 
mistaken in stating that all the new citizens were 
distributed among the patrician curies, and under 
this error he labours throughout his history, for he 
conceives the patricians and plebeians as having 
been united in the comitia curiata (iv. 12, ix. 41). 
That the plebeians were not contained in the curies, 
is evident from the following facts : — Dionysius 
himself (iv. 76, 78) calls the curies a patrician as- 
sembly ; Livy (v. 46) speaks of a lex curiata, which 
was made without any co-operation on the part of 
the plebeians ; and those, who confirm the election 
of kings or magistrates and confer the imperium, 
are in some passages called patricians, and in others 
curiae (Dionys. ii, 60, vi. 90, x. 4 ; Liv. vi. 42 ; 



compare Niebuhr, Hist, of Rome, ii. p. 120 ; Becker, 
Handbuch der Rom. Alterth.n. 1. p. 133, &c), which 
shows that both were synonymous. That the ple- 
beians did not belong to the patrician gentes, is 
expressly stated by Livy (x. 8). The only point 
of contact between the two estates was the army, 
for after the conquest of Alba, Tullus Hostilius 
doubled the number of legions of the Roman army. 
(Liv. i. 30.) Livy also states that Tullus Hostilius 
formed ten new turmae of equites, but whether 
these new turmae consisted of Albans, as Livy 
says, or whether they were taken from the three 
old tribes, as Gottling (Gesch. d. Rmi. Staatsv. 
p. 225) thinks, is only matter of speculation. The 
plebeians were thus obliged to fight and shed their 
blood in the defence and support of their new fel- 
low-citizens without being allowed to share any of 
their rights or privileges, and without even the 
right of intermarriage (connubimn). In all judi- 
cial matters they were entirely at the mercy of the 
patricians, and had no right of appeal against any 
unjust sentence, though they were not, like the 
clients, bound to have a patronus. They continued 
to have their own sacra which they had had before 
the conquest, but they were regulated by the pa- 
trician pontiffs. (Fest. s. s>. Municipalia sacra.) 
Lastly, they were free land -owners, and had their 
own gentes. That a plebeian, when married to a 
plebeian woman, had the patria potestas over his 
children, and that if he belonged to a plebeian 
gens, he shared in the jura and sacra gentilicia of 
that gens, are points which appear to be self-evi- 
dent. 

The population of the Roman state thus con- 
sisted of two opposite elements ; a ruling class or 
an aristocracy, and the commonalty, which, though 
of the same stock as the noblest among the riders, 
and exceeding them in numbers, yet enjoyed none 
of the rights which might enable them to take a 
part in the management of public affairs, religious 
or civil. Their citizenship resembled the relation 
of aliens to a state, in which they are merely tole- 
rated on condition of performing certain services, 
and they are, in fact, sometimes called peregrini. 
While the order of the patricians was perfectly 
organized by its division into curiae, decuriae, 
and gentes, the commonalty had no such organiza- 
tion, except its division into gentes ; its relations 
to the patricians also were in no way defined, 
and it consequently had no means of protecting 
itself against any arbitrary proceedings of the 
rulers. That such a state of things could not last, 
is a truth which must have been felt by every one 
who was not blinded by his own selfishness and 
love of dominion. Tarquinius Priscus was the first 
who conceived the idea of placing the plebeians on 
a footing of equality with the old burghers, by di- 
viding them into three tribes, which he intended 
to call after his own name and those of his friends. 
(Verrius Flaccus, ap. Fest. s.v. Navia ; Liv. i. 36, 
&c. ; Dionys. iii. 71 ; Cic. deRcPubl. ii. 20.) But 
this noble plan was frustrated by the opposition of 
the augur Attus Navius, who probably acted the 
part of a representative of the patricians. All that 
Tarquinius could do was to effect the admission of 
the noblest plebeian families into the three old 
tribes, who, however, were distinguished from the 
old patrician families by the names of Ramnes, 
Tities, and Luceres secundi, and their gentes are 
sometimes distinguished by the epithet minores, 
as they entered into the same relation in which the 



PLEBES. 



PLEBES. 



9-25 



Luceres had been to the first two tribes, before the 
time of Tarquinius. (Fest. s. v. Sex Vesiac Sacer- 
dotes ; Cic. de Re Puil. ii. 20 ; Liv. i. 35, 47.) 
This measure, although an advantage to the most 
distinguished plebeian families, did not benefit the 
plebeians as an order, for the new patricians 
must have become alienated from the commonalty, 
while the patricians as a body were considerably 
strengthened by the accession of the new families. 

It was reserved to his successor, Servius Tullius, 
to give to the commonalty a regular internal organi- 
zation and to determine their relations to the pa- 
tricians. The intention of this king was not to 
upset the old constitution, but only to enlarge it so 
as to render it capable of receiving within itself 
the new elements of the state. He first divided 
the city into four, and then the subject country 
around, which was inhabited by plebeians, into 
twenty-six regions or local tribes (Liv. i. 43 ; 
Dionys. nr. 14, &c), and in these regions he 
assigned lots of land to those plebeians who were 
yet without landed property. Niebuhr (ii. p. 162) 
thinks that these allotments consisted of seven 
jugera each, an opinion which is controverted by 
Gottling (p. 239, &c). As regards the four city- 
tribes, it should be observed that the Avcntine 
and the Capitol were not contained in them : the 
former forming a part of the country tribes, and 
the latter being, as it were, the city of the gods. 
(Varro, de Liny. Lai. v. 56, ed. Miiller.) The 
twenty-six country tribes are not mentioned by 
Livy in his account of the Servian constitution, and 
where he first speaks of the whole number of tribes 
(ii. 21 ; compare Dionys. viL 64), he only men- 
tions twenty-one instead of thirty. Niebuhr (i. 
p. 418) is undoubtedly right in reconciling this 
number with the thirty tribes of Servius by the 
supposition, that in the war with Porsenna Kome 
lost one third of her territory, i. e. ten tribes, so 
that there were only twenty left. As, there- 
fore, after the immigration of the Claudii and their 
clients, a new tribe was formed (Liv. ii. 16), 
Livy is right in mentioning only twenty -one tribes. 
These thirty Servian tribes did not, at least origi- 
nally, contain any patricians, and even after the 
Claudii had come to Home, it is not necessary to 
suppose that the gens Claudia, which was raised to 
the rank of patrician, was contained in the new 
tribe, but the new tribe probably consisted of their 
clients to whom binds were assigned beyond the 
Anio. (Liv. /. c. ; compare Tribus.) Some of the 
clients of the patricians, however, were probably 
contained in the Servian tribes. ( Dionys. iv. 22, 
fee.) Kach tribe had its praefect called tribunus. 
| Dionys. ir. 14 ; Appian, II. C. iii. 23 ; Tribcn'L's.) 
Thr tribes had also their own sacra, festivals, and 
meetings (mmitiu trtbula), which were convoked 
by then tribunes. 

This division into tribes with tribunes at their 
heads was no more than an internal organization 
of the plebeians, analogous to the division of the 
patricians into thirty curiae, without conferring 
upon them the right to interfere in any way in the 
management ot public alburn, or in the elections, 
which were left entirely to the senate and the 
curiae. These rights, however, they obtained by 
another regulation of Servius Tullius, which was 
made wholly independent of the thirty tribes. For 
this purpose he instituted n census, and divided 
the whole body of Roman citizens, plebeians as 
well as patricians, into five classes, nccording to 



the amount of their property. Taxation and the 
military duties were arranged according to these 
classes in such a manner, that the heavier burdens 
fell upon the wealthier classes. The whole body 
of citizens thus divided was formed into a great 
national assembly called comitiatus maximus or 
comitia centuriata. [Co miti a, p. 333, &c] In 
this assembly the plebeians now met the patricians 
apparently on a footing of equality, but the votes 
were distributed in such a way that it was always 
in the power of the wealthiest classes, to which the 
patricians naturally belonged, to decide a question 
before it was put to the vote of the poorer classes. 
A great number of such noble plebeian families, as 
after the subjugation of the Latin towns had not 
been admitted into the curies by Tarquinius Pris- 
cus, were now constituted by Servius into a number 
of equites, with twelve suffragia in the comitia 
centuriata. [Equites, p. 471.] Lastly, Servius 
Tullius i3 said to have regulated the commcr- 
cium between the two orders by about fifty laws. 
(Dionys. iv. 13 ; Nd/tous toi»s ixiv avvaWaKTi- 
kovs »col robs irepl twv aStKrifidruv ; compare v. 2, 
vi. 22 ; Gottling, p. 240 ; Becker, I.e. p. 156.) 

In this constitution the plebeians, .as such, did 
not obtain admission to the senate, nor to the highest 
magistracy, nor to any of the priestly offices. To 
all these offices the patricians alone thought them- 
selves entitled by divine right. The plebeians 
also continued to be excluded from occupying any 
portion of the public land, which as yet was only 
possessed by the patricians, and were only allowed 
to keep their cattle upon the common pasture, for 
which they had to pay to the state a certain sum. 
It is true that by the acquisition of wealth ple- 
beians might become members of the first property 
class, and that thus their votes in the comitia 
might become of the same weight as those of the 
wealthy patricians, but the possibility of acquiring 
such wealth was diminished by their being ex- 
cluded from the use of the agcr publicus. Niebuhr 
(i. p. 430, &C.) infers from the nature of the Ser- 
vian constitution that it must have granted to the 
plebeians greater advantages than those mentioned 
by our historians : he conceives that it gave to 
them the right of appeal to their own assembly, and 
to pass sentence upon such as grossly infringed their 
liberties, in short that the Servian constitution 
placed them on the same footing in regard to the 
patricians, ns was afterwards permanently effected 
by the laws of C. Licinius and L. Sextius. There 
is no doubt that such might and should have been 
the case, but the arguments which he brings for- 
ward in support of his hypothesis do not appear to 
be convincing, as has been pointed out by Gottling 
(p. 265, &c). All that we know for certain is, 
that Servius gave to the body of the plebeians an 
internal organization by the establishment of the 
thirty plebeian tribes, and that in the comitia cen- 
turiata he placed them, nt least apparently, on a 
footing of cqunlity with the populus. Whether he 
intended to do more, or would have done more if 
it had been in his power, is a different question. 
But facts, like those stated above, were sufficient 
at a later period, when the benefits actually con- 
ferred upon the plebeians were taken away from 
them, to make the grateful commonalty look upon 
that king as its great patron, ami even regnrd him 
as having granted nil those rights which subse- 
quently they acquired after many years of hard 
struggle. Thus what he actually had done, was 



926 



PLEBES. 



PLEBES. 



exaggerated to what he possibly might have done, 
or would have wished to do. In this light we 
have to regard the story that he intended to lay 
down his royal dignity and to establish the govern- 
ment of two consuls, one of whom was to have 
been a plebeian. 

During the reign of the last king the plebeians 
not only lost all they had gained by the legislation 
of his predecessor (Dionys. iv. 43, 44) ; but the 
tyrant also compelled them to work like slaves in 
his great architectural works, such as the cloacae 
and the circus. 

On the establishment of the republic, the comitia 
centuriata, and perhaps the whole constitution, 
such as it had been before the reign of the last Tar- 
quinius, were restored, so that the patricians alone 
continued to be eligible to all the public offices. 
(Liv. iv. 6, vi. 40, &c., x. 8.) That the comitia 
centuriata were restored immediately after the 
banishment of the Tarquins, may be inferred from 
the words of Livy (i. 60), who says, that the first 
consuls were elected ex commentariis Servii Tullii, 
for these words probably refer to the comitia 
centuriata, in which, according to the regulations 
of king Servius, the elections were to be held. 
There was still no connubium between the two 
orders, and the populus was still in every respect 
distinct from the plebs. Considering the fact that 
the patricians reserved for themselves all the 
powers which had formerly been concentrated in 
the king, and that these powers were now given to 
a number of patrician officers, we must admit that 
the plebeians at the commencement of the republic 
were worse off than if the kingly rule had con- 
tinued under the institutions introduced by Ser- 
vius. They, however, soon gained some advantages. 
The vacancies which had occurred in the senate 
during the reign of the last king were filled up 
with the most distinguished among the plebeian 
equites ( patres conscript), Liv. ii. 1 ; Dionys. v. 13 ; 
Fest. s. v. Qui patres ; Plut.Public.il ; Senatus), 
and Valerius Publicola carried a number of taws by 
which the relations between patricians and ple- 
beians were more accurately defined than they had 
hitherto been, and which also afforded some pro- 
tection to the plebeians. [Leges Valeriae.] Both 
orders acted in common only in the army and the 
comitia centuriata, in which, however, the patri- 
cians exercised an overwhelming influence through 
the number of their clients who voted in them ; 
and in addition to this all decrees of the centuries 
still required the sanction of the curiae. Notwith- 
standing these disadvantages, the plebeians occu- 
pied a position which might soon have enabled 
them to rise to a perfect equality with the patri- 
cians, had not a great calamity thrown them back, 
and put an end to their political progress. This 
was the unfortunate war with Porsenna, in which 
a great number (a third) of the plebeians lost their 
estates, became impoverished, and perhaps for a 
time subject to the Etruscans. 

In the meanwhile, the patricians, not satisfied 
with the exercise of all the authority in the state, 
appear not seldom to have encroached upon the 
rights granted to the plebeians by the Valerian 
laws. (Liv. ii. 27.) Such proceedings, and the 
merciless harshness and oppression on the part of 
the rulers, could not fail to rouse the indignation 
and call forth the resistance of the plebeians, who 
gradually became convinced that it was impos- 
sible to retain what they possessed without acquir- 



ing more. The struggle which thus originated be- 
tween the two parties, is, as far as the commonalty 
is concerned, one of the noblest that has ever been 
carried on between oppressors and oppressed. On 
the one hand we see a haughty and faithless oli- 
garchy applying all means that the love of dominion 
and selfishness can devise ; on the other hand, a 
commonalty forbearing to the last in its opposition 
and resistance, ever keeping within the bounds of 
the existing laws, and striving after power, not for 
the mere gratification of ambition, but in order to 
obtain the means of protecting itself against fraud 
and tyranny. The details of this struggle belong 
to a history of Rome and cannot be given here ; we 
can only point out in what manner the plebeians 
gradually gained access to all the civil and religi- 
ous offices, until at last the two hostile elements 
became united into one great body of Roman citi- 
zens with equal rights, and a state of things arose 
totally different from what had existed before. 

After the first secession, in b. c. 494, the ple- 
beians gained several great advantages. First, a 
law was passed to prevent the patricians from 
taking usurious interest of money which they fre- 
quently lent to impoverished plebeians (Dionys. 
vi. 83) ; secondly, tribunes were appointed for the 
protection of the plebeians [Tribuni] ; and lastly, 
plebeian aediles were appointed. [Aediles.] 
Shortly after, they gained the right to summon 
before their own comitia tributa any one who had 
violated the rights of their order (Fest. s. v. Sacer 
mons ; Gottling, p. 300, &c), and to make decrees 
(plebiscita), which, however, did not become 
binding upon the whole nation until the year b. c. 
449. [Plebiscitum.] A few years after this 
(445, B. a), the tribune Canuleius established, by 
his rogations, the connubium between patricians 
and plebeians. (Liv. iv. 44, v. 11, 12 ; Dionys. x. 
60, xi. 28 ; Cic. de Re Publ. ii. 37.) He also 
attempted to divide the consulship between the 
two orders, but the patricians frustrated the realisa- 
tion of this plan by the appointment of six mili- 
tary tribunes, who were to be elected from both 
orders. [Tribuni.] But that the plebeians 
might have no share in the censorial power, 
with which the consuls had been invested, the 
military tribunes did not obtain that power, and 
a new curule dignity, the censorship, was esta- 
blished, with which patricians alone were to be in- 
vested. [Censor.] Shortly after the taking of 
Rome by the Gauls, we find the plebeians again in 
a state little better than that in which they had 
been before their first secession to the mons sacer. 
In B.C. 421, however, they were admitted to the 
quaestorship, which opened to them the way into 
the senate, where henceforth their number con- 
tinued to increase. [Quaestor ; Senatus.] In 
B. c. 367, the tribunes L. Licinius Stolo and L. 
Sextius placed themselves at the head of the com- 
monalty, and resumed the contest against the 
patricians. After a fierce struggle, which lasted 
for several years, they at length carried a rogation, 
according to which decemvirs were to be appointed 
for keeping the Sibylline books instead of duum- 
virs, of whom half were to be plebeians. (Liv. vi. 
37, 42.) The next great step was the restoration of 
the consulship, on condition that one consul should 
always be a plebeian. A third rogation of Licinius, 
which was only intended to afford momentary re- 
lief to the poor plebeians, regulated the rate of in- 
terest. From this time forward the plebeians also 



PLEBE3. 

appear in the possession of the right to occupy parts 
of the agcr publicus. (Livy, viL 1G ; Niebuhr, iii. 
p. 1, &c.) In B. c. 366, L. Sextius Lateranus was 
the first plebeian consul. The patricians, however, 
who always contrived to yield no more than what 
it was absolutely impossible for them to retain, 
stripped the consulship of a considerable part of its 
power and transferred it to two new curule offices, 
viz., that of praetor and of curule aedile. [ Aediles ; 
Praetor.] But after such great advantages had 
been once gained by the plebeians, it was impos- 
sible to stop them in their progress towards a perfect 
equality of political rights with the patricians. In 
B. c. 3.56 C. Marcius Rutilus was the first plebeian 
dictator; in B. c. 351, the censorship was thrown 
open to the plebeians, and in B. c. 336 the praetor- 
ship. The Oguluian law, in B. c. 300, also opened 
to them the offices of pontiles and augur. These 
advantages were, as might be supposed, not gained 
without the fiercest opposition of the patricians 
and even after they were gained and sanctioned by 
law, the patricians exerted even- means to obstruct 
the operation of the law. Such fraudulent attempts 
led, in B. c. 286, to the last secession of the ple- 
beians, after which, however, the dictator Q. Ilor- 
tensius successfully and permanently reconciled the 
two orders, secured to the plebeians all the right! 
they had acquired until then, and procured for their 
plebiscita the full power of leges binding upon the 
whole nation. 

In a political point of view the distinction be- 
tween patricians and plebeians now ceased, and 
Rome, internally strengthened and united, entered 
upon the happiest period of her history. How 
completely the old distinction was now forgotten, 
is evident from the fact that henceforth both con- 
suls were frequently plebeians. The government 
of Home had thus gradually changed from an op- 
pressive oligarchy into a moderate democracy, in 
which each party had its proper influence and the 
power of checking the other, if it should venture to 
assume more than it could legally claim. It was 
this constitution, the work of many generations, 
that excited the admiration of the great statesman 
Poly hi us. 

W« stated above that the plebeians during their 
struggle with the patricians did not seek power for 
the mere gratification of their ambition, but as a 
necessary means to protect themselves from op- 
pression. The abuse which they, or rather their 
tribunes, made of their power, belongs to a much 
later lime, and no traces of it appear until more 
than half a century after the Hortensian law ; and 
even then, this power was only abused by indivi- 
dual:), ami not on behalf of the real plebeians, but 
of a degenerating demucratical party, ulmh h iiii- 
fatUIM taly designated by later writers by the name 
of plebeians, ami thus has become identified with 
them. Those who know the immense influence 
which religion and its public ministers had upon 
the whole management of the state, will not 
wonder that the plebeians in their contest with 
the aristocracy exerted themselves as much to gain 
access to the priestly offices as to those of a purely 
political character ; as the latter in reality would 
nave been of little avail without the former. The 
office of curio maximus, which the plebeians sought 
and obtained nearly a century after the Ogulnian 
law (Liv. xxvii. 6, II), seems indeed to afford 
ground for supposing that in tlii.i in-laif • tin- ph- 
beians sought a distinction merely for the pur- 



PLEBISCITUM. 927 

pose of extending their privileges ; but Ambrosch 
(Sludien u. AndeiUungen, p. 9.5) has rendered it 
more than probable that the office of curio maxi- 
mus was at that time of greater political import- 
ance than is generally believed. It is also well 
known that such priestly offices as had little or no 
connection with the management of public affairs, 
such as that of the rex socrorum, the tlaiuines, 
salii, and others, were never coveted by the ple- 
beians, and continued to be held by the patricians 
down to the latest times. (Dionys. v. 1 ; Cic. pro 
Dom. 14 ; Fest. s. v. Majnr.fium.) 

After the passing of the Hortensian law, the 
political distinction between patricians and ple- 
beians ceased, and with a few unimportant ex- 
ceptions, both orders were placed on a footing of 
perfect equality. Henceforth the name populus is 
sometimes applied to the plebeians alone, and 
sometimes to the whole body of Roman citizens, 
as assembled in the comitia centuriata or tributa. 
(Liv. xxvii. 5 ; Cic. ad AH. iv. 2 ; Gell. x. 20.) 
The term plebs or plebecula, on the other hand, 
was applied in a loose manner of speaking to the 
multitude or populace in opposition to the nobiles 
or the senatorial party. (Sallust, Jug. 63 ; Cic. 
ad Att. i. 16 ; Hor. Episl. ii. 1. 158 ; Hirt. Bell. 
Alex. 5, &c.) 

A person who was born a plebeian, could only 
be raised to the rank of a patrician by a lex curiata, 
as wai Miincti;nes dune during the kingly period, 
and in the early times of the republic. Caesar was 
the first who ventured in his own name to raise 
plebeians to the rank of patricinns, and his example 
was followed by the emperors. [Patrick.] 

It frequently occurs in the history of Rome that 
one and the same gens contain plebeian as well 
as patrician families. In the gens Cornelia, for 
instance, we find the plebeian families of the Balbi, 
Mammulae, Merulae, &c, along with the patrician 
Scipiones, Sullae, Lcntuli, Aic. The occurrence of 
this phenomenon may be accounted for in different 
ways. It may have been, that one branch of a 
plebeian family was made patrician, while the 
others remained plebeians. (Cic. lirut. Hi, de Ley. 
ii. 3 ; Sueton, A r er. 1.) It may also have hap- 
pened that two families had the same nomcn gen- 
tilicium without being actual members of the same 
gens. (Cic lirut. 16 ; Tacit. Annul, iii. -18.) Again, 
a patrician family might go over to the plebeians, 
and as such a family continued t • bear the name 
of its patrician gens, this gens apparently contained 
a plebeian family. (Liv. iv. 16 ; 1'lin. H.N. xviii. 
4.) At the time when no connubium existed be- 
tween the two orders, a marriage between a patri- 
cian and a plebeian had the consequence, that the 
same nomcn gcntilicium belonged to persons of the 
two orders. (Niebuhr, ii. p. 337, n. 756 ; Suet. 
Ami. 2.) When a peregrinus obtained the civitas 
through the influence of u patrician, or when a 
slave was emancipated by his patrician master, 
they generally adopted the nomcn gcntilicium of 
their benefactor (Cic. <id l-'um. xiii. 3.5, 36, c. IVrr. 
iv. 17; Appian, fin'/. 100), and thus appear to 
belong to tin- Mime gem with l.iin. (('map. Meeker, 
e. p. 133, Ate. ; lime, /. c.) [L. S.J 

PLKHISCI'TI'M, a name properly applied to 
a law passed at the Camilla Tributa on the roga- 
tion of a Tribune. According to Laclius i'Vlix 
(Gclliiis, xv. 27, and the note in the edition of 
Oronovius), he who had authority to convene not 
the uuivcrsus populus, but only a part, could hold 



928 



PLUMARII. 



POCULUM. 



a Concilium, but not Comitia ; and as the Tribunes 
could not summon the Patricii nor refer any matter 
to them, what was voted upon the proposal of the 
tribunes was not a Lex, but a Scitum. But in 
course of time Plebiscita obtained the force of 
Leges, properly so called, and accordingly they are 
sometimes included in the term Leges. [Lex.] 

The progress of change as to this matter appears 
from the following passages. A Lex Valeria, 
passed in the Comitia Centuriata B. c. 449 (Liv. 
iii. 55, 67) enacted that the Populus should be 
bound (tcneretur) by that which the Plebs voted 
tributim ; and the same thing is expressed in other 
words thus: " Scita plebis injuncta patribus." 
A Lex Publilia, 339 b. c. (Liv. viii. 12), was 
passed to the effect that Plebiscita should bind all 
the Quirites ; and a Lex Hortensia B. c. 286, to 
the effect that Plebiscita should bind all the 
populus (universus populus) as Gaius (i. 3) ex- 
presses it ; or, " ut eo jure, quod plebes statuisset, 
omnes Quirites tenerentur," according to Laelius 
Felix, as quoted by Gellius ; and this latter is also 
the expression of Pliny {Hist. Nat. xv. 10). The 
Lex Hortensia is referred to as the Lex which 
put Plebiscita as to their binding force exactly on 
the same footing as Leges. The effect of these 
Leges is discussed in Lex under the several heads 
of Valeriae, Publiliae, Hortensia. 

The principal Plebiscita are mentioned under 
Lex. [G. L.] 

PLECTRUM. [Lyra.] 

PLEMO'CHOAE (irtoj/ioxoai.) [Eleu- 
sinia, p. 454, a.] 

PLETHRON (irAe'flpoc) was originally a mea- 
sure of surface, which is the only sense of the word 
iriXzQpov in Homer. (II. xxi. 407, Od. xi. 577.) 
It seems to have been the fundamental land mea- 
sure in the Greek system, being the square of 100 
feet, that is, 10,000 square feet. The later Greek 
writers use it as the translation of the Roman juge- 
rum, probably because the latter was the standard 
land measure in the Roman system ; but, in size, 
the plethron answered more nearly to the Roman 
actus, or half-jugerum, which was the older unit 
of land measures. The plethron would answer ex- 
actly to the actus, but for the difference caused by 
the former being decimal (100x 100), and the 
other partly duodecimal (120 x 120). The plethron 
contained 4 arurae of 2500 square feet each. 

2. As frequently happened with the ancient 
land measures, the side of the plethron was taken 
as a measure of length, with the same name. This 
plethron was equal to 100 feet (or about 101 
English feet) = 66§7r7)x fls = 10 fruaivai or/caAa- 
fJLOi. It was also introduced into the system of 
itinerary measures, being l-6th of the stadium. 
(Herod, ii. 124 ; comp. Mensura, p. 753, b., and 
the Tables). [P. S.] 

PLINTHUS (ir\ivBos), any rectangular paral- 
lelopiped. 1. A brick or tile. [Later]. 2. The 
quadrangular piece of stone which should properly 
form the lowest member of the base of a column, 
and which may be supposed to have originated in 
the use of a tile or a flat piece of wood to prevent 
the shaft from sinking into the ground ; although 
very frequently the plinth is wanting, the highest 
step or other basement forming a sort of continuous 
plinth or podium. [Spira]. [P. S.] 

PLUMA'RII, a class of persons, mentioned by 
Vitruvius (vi. 7, p. 177, ed. Bip.), Varro (ap. 
Nonium,'\\. p. 716), and in inscriptions. It can- 



not be decided with certainty what their exact oc- 
cupation was: their name would lead us to suppose 
that it had something to do with feathers (plumae). 
Salmasius (ad Vopisc. Carin. c. 20) supposes that 
they were persons who wove in garments golden or 
purple figures made like feathers. The word, how- 
ever, probably signifies all those who work in fea- 
thers, as lanarii those who work in wool, and 
argentarii those who work in silver. Seneca (Ep. 
90) speaks of dresses made of the feathers of birds. 
(Becker, Gallus, vol. i. pp. 44 — 48.) 

PLU'TEUS, appears to have signified in general 
any kind of protection or shelter, and was hence 
used in the following special significations: — • 1. 
A kind of shed made of hurdles and covered with 
raw hides, which could be moved forward by small 
wheels attached to it, and under which the besiegers 
of a town made their approaches. (Festus, s. v. ; 
Veget. iv. 15 ; Liv. xxxiv. 17.) 2. A parapet or 
breastwork made of boards and similar materials, 
placed on the vallum of a camp, on moveable 
towers or other military engines, on rafts, the decks 
of ships, &c. (Festus, s. v. ; Caes. Bell. Gall. vii. 
25, 41, 72, Bell. Civ. i. 25.) 3. The board at 
the side of a bed. The side at which a person 
entered the bed was open and called sponda : the 
other side, which was protected by a board, was 
called pluteus. (Suet. Cal. 26 ; Martial, iii. 91.) 
[Lectus, p. 674, b.] 4. Cases of some kind upon 
the walls of houses on which small statues and 
busts were placed. (Dig. 29. tit. 1. s. .17 ; Juv. 
ii. 7.) 

PLYNTE'RIA (TrXvvT^pia), from Tr\vveiv, to 
wash, was a festival celebrated at Athens every 
year, on the 22nd of Thargelion, in honour of 
Athena, surnamed Aglauros (Phot. Lex. s. v. ■ Plut. 
Alcib. 34 ; Harpocrat. Suid. s. v.), whose temple 
stood on the Acropolis. (Herod, viii. 53 ; Hesych. 
s. v. Tl\vvT7)pia.) Plutarch states that the festival 
took place on the 25th, but probably only because 
it lasted for several days. (Dodwell, de Cyclis, p. 
349 ; comp. Philol. Mus. ii. p. 234.) The day of 
this festival was at Athens among the a-rrocppdSes 
or dies ncfasti ; for the temple of the goddess was 
surrounded by a rope to preclude all communi- 
cation with it (Pollux, viii. 141) ; her statue was 
stripped of its garments and ornaments for the pur- 
pose of cleaning them, and was in the meanwhile 
covered over to conceal it from the sight of man. 
(Plut. I.e. ; Xen. Hellen. i. 4. § 12.) The persons 
who performed this service were called irpa^p- 
yiSat. (Plut. I. c. ; Hesych. s. v.) The city was 
therefore, so to speak, on this day without its 
protecting divinity, and any undertaking com- 
menced on it was believed to be necessarily un- 
successful. A procession was also held on the day 
of the Plynteria, in which a quantity of dried figs, 
called 7iyt]Topia, was carried about. (Etymol. 
Magn. ; Hesych. s. v. 'Hyriropla ■ Phot. Lex. 
s.v.) [L.S.] 

PNYX. [Ecclesia, p. 440, a.] 

PO'CULUM was any kind of drinking-cup. It 
must be distinguished from the Crater or vessel in 
which the wine was mixed [Crater], and from 
the Cyathus, a kind of ladle or small cup, which 
was used to convey the wine from the Crater to 
the Poculum or drinking-cup. [Cyathus.] Thus 
Horace (Carm. iii. 19. 11) — 

" tribus aut novem 
Miscentur cyathis pocula commodis." 



POLEMARCHUS. 



POLUS. 



929 



PO'DIUM, in architecture, is a continued pe- 
destal, for supporting a row of columns, or serving 
for a parapet, or forming a sort of terrace, as the 
podium in the theatre and amphitheatre. (Vitruv. 
iii. 3, v. 7, vii. 4 ; Amphitheatrim.) [P. S.] 

POENA (Greek, iroiv-i]). The Roman sense of 
this word is explained by Ulpian (Dig. 50. tit. 16. 
s. 13) at the same time that he explains Fraus 
and Multa. Fraus is generally an offence, Noxa ; 
and Poena is the punishment of an offence, Noxae 
vindicta. Poena is a general name for any punish- 
ment of any offence : Multa is the penalty of a 
particular offence, which is now (in Ulpian's time) 
pecuniary. Ulpian says in his time because by 
the Law of the Twelve Tables, the Multa was 
pecuaria or a certain number of oxen and sheep. 
(Plin. xviii. 3 ; Festus, s.vv. Multam, Peculatus.) 
[Lex Aterxia Tarpela.] Ulpian proceeds to 
say that Poena may affect a person's caput and 
existimatio, that is, Poena may be loss of citizen- 
ship and Infamia. A Multa was imposed accord- 
ing to circumstances, and its amount was deter- 
mined by the pleasure of him who imposed it. A 
Poena was only inflicted when it was imposed by 
some lex or some other legal authority (quo alio 
jure). When no poena was imposed, then a multa 
or penalty might be inflicted. Every person who 
had jurisdictio (this seems to be the right reading 
instead of judicatio) could impose a multa ; and 
these were magistratus and praesides provinciarum. 
A Poena might be inflicted by any one who was 
intrusted with the judicial prosecution of the offence 
to which it was affixed. The legal distinction be- 
tween Poena and Multa is not always observed by 
the Roman writers. [G. L.] 

POLEMARCHUS (»o\f>apxos)- An account 
of the functions of the Athenian magistrate of this 
name is given under Archox. Athens, however, 
was not the only state of Greece which had officers 
so called. We read of them at Sparta, and in 
various cities of Bocotia. As their name denotes, 
they were originally and properly connected with 
military affairs, being entrusted cither with the 
command of armies abroad, or the superintendence 
of the war department at home : sometimes with 
both. The polcmarchs of Sparta appear to have 
ranked next to the king, when on actual service 
abmad, and were generally of the royal kindred or 
house (yivoi). (Herod, vii. 173.) They com- 
manded single morac ( Xen. Hep. Lac. xi. 4 ), so 
thnt they would appear to have been six in number 
(M tiller, l)<>r. iii. 12. §4), and sometimes whole 
armies. (Herod. I.e.) They also formed part of 
tin' king's council in war, and of the royal escort 
called Safioaia (Xen. /fell. vi. 4. § 14), and were 
supported or represented by the officers called 
avn<pop»ii. (Mtiller, iii. J 2. $5.) The polemarrhs 
of Sparta had al io the superintendence of the public 
tables : a circumstance which ndniits of explana- 
tion from the fact that Lycurgus is said to have 
instituted the syssitia fur the purposes of war, and 
therefore as military divisions ; so thnt the Ijicc- 
dai'iiioninus would cat and tight in the same com- 
pany. (Mtiller, iii. 12. §4.) Hut in addition to 
thm military functions, and the duties connected 
therewith, the polemarchs of Sparta had n civil as 
well on a certain extent of judicial power (Id. iii. 7. 
S fl), in which respect they resembled the ipX"" 
■*o\ipapx°i at Athens. In Hoeotia also there 
were magistrates of this name. At Thebes, for 
instancr, there nppears to have been two, perhaps 



elected annually, and from what happened when 
Phoebidas, the Lacedaemonian commander, seized 
the Cadmeia or citadel of Thebes (b. c. 382), we 
may infer that in times of peace they were in- 
vested with the chief executive power of the state, 
and the command of the city, having its military 
force under their orders. (Xen. Hell. v. 2. §30.) 
They are not, however, to be confoundi d with the 
Boeotarchs. AtThespiae also (Plut. Demetr. c. 39) 
there were officers of this name, and likewise in 
Aetolia (Polyb. iv. 79) and Arcadia. At Cynaetha 
in the latter country the gates of the city were 
entrusted to the special care of the Polemarchs : 
they had to keep guard by them in the day-time, 
and to close them at night, and the keys were al- 
ways kept in their custody. (Id. iv. 18.) [R. W\] 
POLE'TAE (irciiA/jTai), a board of ten officers, 
or magistrates (for they are railed apxv by Har- 
pocration), whose duty it was to grant leases of the 
public lands and mines, and also to let the revenues 
arising from the customs, taxes, confiscations, and 
forfeitures. Of such letting the word iruKui' (not 
fiiaBovv) was generally used, and also the correla- 
tive words iiviladai and vplaaBcu. Their official 
place of business was called ir(uA.7jrrjpioi/. One was 
chosen from each tribe. A chairman presided at 
their meetings (iwpvTaveve). In the letting of the 
revenue they were assisted by the managers of the 
theoric fund (to dctupi/coV), and they acted under 
the authority of the Senate of Five Hundred, who 
exercised a general control over the financial de- 
partment of the administration. Resident aliens, 
who did not pay their residence-tax (iieroiKiov), 
were summoned before them, and if found to have 
committed default, were sold in a room called 
irw\T)Tr)piov rov nfromlov. (Demosth. c. Aristog. 
787.) Other persons who had forfeited their free- 
dom to the state were also sold by the iroiAfjTai, 
as foreigners who had been convicted of usurping 
the rights of citizenship. (Harpoc. and Suid. s, vv. 
nwATjTal and nfruixiov ; Pollux, viii. 99 ; Bbckh, 
I'M. Boon, of Athens, p. 155, 2d cd. ; Meier, de 
bon. damn. p. 41.) [C. R. K.] 

POLITEIA, POLI'TES {voXirua, iroAiVjjt). 
[Civitas (Greek).] 

POLITOPHY'LACES (*oMTo<pi\aKts). 
[Taous.] 
POLLICA'RIS. [Pes.] 
POLLICITA'TIO. [Obligatioxes p. 821.] 
POLLI NCTO'RES. [Fi/nus, p. 558, a.] 
POLLS (v6\os), in astronomy, is a very diffi- 
cult word to explain in a perfectly satisfactory 
manner, on account of the various senses in which 
it is used. In such a case, the only safe guide to 
the original meaning of a word is to determine, if 
possible, its sense in the earliest passage in which 
it occurs, and to compare that sense with what is 
known of the etymology of the word. Now it is 
evident that lr&Kos contains the root nEA, which 
we find in *«'Ao/«» and other word*, and the 
fundamental idea attached to which appears to be 
that of motion. Then, turning to the Greek au- 
thors, we find the word first occurring in the well- 
known passage in which Aeschylus (Prom. 427) 
speaks of Atlas m supporting on his shoulders the 
of kmrrn, that is, the riiult of llir nky, which 
was called *6\nt in accordance with the notion, 
which prevailed from tin- time- cif Thales, that the 
sky was a hollow sphere, which moved continually 
ruiiiiil the earth, carrying the heavenly bodies with 
it. (Guiip. Eurip. Or. I »i«5 ; Pseudo-Pint. Arioclt. 



930 



POMOERIUM. 



POMOERIUM. 



p. 371, b; Aristoph. Av. 179 ; Alex. ap. Ath. 
p. 60, a ; Ukert, Geog. d. Griech. u. Rom. vol. i. 
pt. ii. p. 115 ; Grote, History of Greece, vol. ii. 
pp. 154, 155.) The next passage, in order of 
time, is that in which Herodotus (ii. 109) says 
that the Greeks learnt from the Babylonians w6\ov 
Kal yvJifiova Kai to BvuKalSeKa ,uepea ttjs rifiepris, 
where the later commentators and lexicographers 
for the most part explain the word as meaning an 
astronomical instrument, different from the yvap-wv 
or sun dial. Mr. Grote (I. c.) interprets the pas - 
sage as signifying that the Greeks " acquired from 
the Babylonians the conception of the pole, or of 
the heavens as a complete hollow sphere, revolving 
round and enclosing the earth." But Herodotus 
certainly seems to be speaking of something more 
definite and specific than a mere conception respect- 
ing the sky ; and, on the whole, the most probable 
explanation is that of Scaliger and Salmasius, as 
modified by recent astronomers and scholars (see 
Bailly, Delambre, Letronne, and Creuzer, as quoted 
by Bahr, ad loc), namely, that the word signifies 
the conca ve hemispherical sun-dial, made in imitation 
of the heavenly sphere, and hence called by the 
same name, iroAos, which was the earliest form of 
the sun-dial, inasmuch as it required less skill than 
the delineation of a sun-dial on a plane surface. 
The yvuifxav was not another different sort of sun- 
dial, but the index, or, as we still say, gnomon of 
the dial itself, the shadow of which, falling upon 
the meridian lines of the sun-dial, indicated the 
hours of the day as marked by the motion of the 
sun in the true heavenly ir6\os ; so that, in fact, 
the words tt6\ov Kal yvcofnova together describe the 
instrument. Pollux (ix. 46) explains tt6\os as 
meaning a>po\6ywv, in a passage which he quotes 
from the Gerytades of Aristophanes ; and Lucian 
(Leoriph. 4) speaks of the ypdp-av overshadowing 
the middle of the tc6\os, — a striking confirmation 
of the explanation we have given. The yvwpwv 
alone was, in fact, not originally a sun-dial, but a 
mere upright stile, the length of the shadow of 
which was measured, to obtain a rough notion of 
the altitude of the sun and thence of the time of 
the day : afterwards, a dial was added with lines 
marked upon it, so as to form a true sun-dial, which 
was still called yv<jip.<x>v. The simple gnomon was 
used by the Greek geographers to determine the 
latitude of places. (Comp. Horologium.*) 

For the other meanings of irdhos, see the Greek 
Lexicons. [P. S.] 

POLY'MITA. [Tela.] 

POMOE'RIUM. This word is compounded of 
post and moerium (murus), in the same manner 
as pomeridiem of post and meridiem, and thus sig- 
nifies a line running by the walls of a town (pone 
or post muros). The pomoerium, however, did not 
consist of the actual walls or fortifications of a place, 
but was a symbolical wall, and the course of the 
pomoerium itself was marked by stone pillars (cippi 
pomoerii, Varro, de Ling. Lat. v. 143, ed. Miiller), 
erected at certain intervals. The custom of making 
a pomoerium was common to the Latins and Etrus- 

* In the article Horologium will be found 
statements differing in some minor points from 
those in this article : such differences are unavoid- 
able when a difficult subject is discussed by differ- 
ent writers ; and they may even be useful to the 
reader who wishes to examine the question tho- 
roughly. [Ed.] 



cans, and the manner in which it was done in the 
earliest times, when a town was to be founded, 
was as follows : — A bullock and a heifer were 
yoked to a plough, and a furrow was drawn around 
the place which was to be occupied by the new 
town, in such a manner that all the clods fell in- 
ward. The little mound thus formed was the 
symbolical wall, and along it ran the pomoerium, 
within the compass of which alone the city-auspices 
(auspicia urbana) could be taken. (Varro, de Ling. 
Lat. I. c.) That the actual walls or fortifications 
of a town ran near it, may naturally be supposed, 
though the pomoerium might either be within or 
without them. This custom was also followed in 
the building of Rome, and the Romans afterwards 
observed it in the establishment of their colonies. 
The sacred line of the Roman pomoerium did not 
prevent the inhabitants from building upon or 
taking into use any place beyond it, but it was 
necessary to leave a certain space on each side of 
it unoccupied so as not to unhallow it by profane 
use. (Liv. i. 44.) Thus we find that the Aven- 
tine, although inhabited from early times, was for 
many centuries not included within the pomoe- 
rium. (Gell. xiii. 14.) The whole space included 
in it was called ager effatus or fines effati. The 
pomoerium of Rome was not the same at all times ; 
as the city increased the pomoerium also was ex- 
tended, but this extension could, according to an- 
cient usage, be made only by such men as had by 
their victories over foreign nations increased the 
boundaries of the empire (Tacit. Annal. xii. 23), 
and neither could a pomoerium be formed nor 
altered without the augurs previously consulting 
the will of the gods by augury, whence the jus 
pomoerii of the augurs. (Dionys. iv. 13 ; Cic. de 
Div. ii. 35.) The formula of the prayer which the 
augurs performed on such occasions, and which was 
repeated after them by the people who attended, is 
preserved in Festus (s. v. Prosimurium). 

The original pomoerium of Romulus ran, accord- 
ing to Gellius (I. c), around the foot of the Pala- 
tine, but the one which Tacitus (Annal. xii. 24) 
describes as the pomoerium of Romulus comprised 
a much wider space, and was, as Niebuhr thinks 
(Hist, of Rom. i. p. 288 ; compare Bunsen, Bes- 
chreib. d. Stadt Rom, i. p. 138 ; Sachse, Beschreib. 
von Rom. i. p. 50), an enlargement of the original 
compass, taking in a suburb or borough. Niebuhr 
also believes that pomoerium properly denotes a 
suburb taken into the city. The Romulian pomoe- 
rium, according to Tacitus, ran from the Forum 
Boarium (the arch of Septimius Severus) through 
the valley of the Circus so as to include the ara 
maxima Herculis ; then along the foot of the Pala- 
tine to the ara Consi, and thence from the Septi- 
zonium to the curiae veteres (a little below the 
baths of Trajan), along the top of the Velia to the 
Sacellum Larium, and lastly by the via sacra to 
the Forum. From the eastern side of the Forum 
to the Velabrum there was a swamp, so that 
Tacitus does not mention the line of the pomoe- 
rium here. Servius Tullius again extended the 
pomoerium (Liv. i. 44 ; Dionys. iv. 13), but the 
Aventine was not included, either because the 
auspices here taken by Remus had been unfavour- 
able, or, which is more probable, because there 
stood on this hill the temple of Diana, the common 
sanctuary of the Latins and Romans. (Gell. /. c. ; 
Varro, de Ling. Lat. v. 43.) The Aventine did not 
become included within the pomoerium until the 



PONDERA. 



PONDERA. 



031 



time of the Emperor Claudius. (Gell. I. c. ; Tacit. 
AnnaL xii. 23.) Dionysius (I.e.) states that down 
to his time nobody had extended the pomoerium 
since the time of King Sen ilis, although we know 
from authentic sources that at least Augustus en- 
larged the pomoerium (Bunsen, I.e. p. 130), and 
the same is said ot Sulla and J. Caesar. (Tacit. 
Annul. I.e.; Gell. I.e.; Fest. s.v. Prosimurium ; 
Cic. ad Alt. xiiL 20 ; Dion Cass, xliii. 50, xliv. 49.) 
The last who extended the pomoerium of Rome 
was the Emperor Aurelian, after he had enlarged 
the walls of the city. (Fl. Vopisc. Div.AureJ. 21 ; 
comp. Becker, Handbuch der Rom. Alterth. i. p. 
92, &c.) [L.S.] 

POMPA (7roji7rij), a solemn procession, as on 
the occasion of a funeral, triumph, &c. (Cic. pro 
Mil. 13 ; Suet. Jul. Cues. 37, &c.) It is, how- 
ever, more particularly applied to the grand pro- 
cession with which the games of the Circus com- 
menced (I'ompa Circensis). [Circus.] 

PONDERA (o-raBfioi). The considerations, 
which lie at the basis of the whole subject of 
weights and measures, both generally, and witli 
special reference to the ancient Greek and Roman 
systems, have already been mentioned in the in- 
troductory part of the article Mknscra. In the 
present article it is proposed to give a brief general 
account of the Greek and Roman systems of weights. 

1. Iiarly Greek Weights. — It has been already 
stated, in the article Mensura, that all the know- 
ledge we have upon the subject goes to prove that, 
in the Greek and Roman metrical systems, iceiyhts 
preceded measures ; that the latter were derived 
from the former; and both from a system which 
had prevailed, from a period of unknown antiquity, 
among the Chaldaeans at Babylon. This system 
was introduced into Greece, after the epoch of the 
Homeric pocn)9 ; for, of the two chief denomina- 
tions used in the Greek system, namely, TaXamov 
(talentum) and y.vu. (mina), Homer uses only the 
former, which is a genuine Greek word, meaning 
weight, the other being an Oriental word of the 
same meaning. (See Nummi's, p. 810 ; where 
some things, which more properly belong to this 
article, have been necessarily anticipated.) Homer 
uses riKavrov, like ftirpov, in a specific sense (//. 
xxiii. 200 — 270) ; and indeed in all languages the 
earliest words used for weight are merely generic 
terms specifically apjilied ; such arc TaAairoi', 
maneh (jjlvu), libra, and our own pound, from 
pondus. Hence the introduction of the foreign 
wnnl maneh (uva) by the side of the native word 
TaKavrov indicates the introduction of a new 
standard of weight ; which new standard soon 
superseded the old ; and tln-n the old word raAav- 
rov was used as a denomination of weight in the 
new system, quite different from the weight which 
it signified before. This last point is manifest 
from the passages in Homer, in which the word is 
used in a specific sense, especially in the description 
of the funeral games (/. c.), where the order of the 
prizes proves that the talent must have been a very 
much smaller weight than the later talent of GO 
minae, or about t>2 pounds avoirdupois ; and traces 
of this ancient small talent are still found nt a very 
much later period. Thus wc arrive nt the first 
position in tin- subject, that the Crrrk system of 
mfatj was past Homeric. 

2. '/'//<■ Qndt System in the Historical Period. 
— Of course, by the Greek system here is meant 
the system which prevailed throughout Greece in 



the historical times, and which contained four 
principal denominations, which, though different at 
different times and places, and even at the same 
place for different substances, always bore the 
same relation to each other. These were the Talent 
(rdkavTov), which was the largest, then the Mina 
(ava), the Drachma (SpaxM-V), and the Ubol' 
(o€o\6s). The two latter terms are, in all pro- 
bability, genuine Greek words, introduced for the 
purpose of making convenient subdivisions of the 
standard. Spawn signifying a handful, and 6So\6s 
being perhaps the same as &§e\6s, and signifying 
a small wedge of silver ; so that these words again 
fall under the description of generic terms sjiecifically 
applied. 

These weights were related to one another as 
follows : — 

1 Talent contained - - 60 Minae. 
1 Mina „ - 100 Drachmae. 

1 Drachma „ - - 6 Obols. 

Their relative values are exhibited more fully 
in the following table : — 



Obol 



6 


Drachma 




600 


100 


Mina 


36,000 


6000 


60 



3. Derivation of this System from Babylon. — 
Now, in this system, the unhcllenic word /Ufa 
indicates, as already observed, the source from 
tchic/i the standard was derived. This word is 
undoubtedly of Semitic origin ; and it seems to 
belong more especially to the Chaldee dialect, in 
which it signifies number or measure in its widest 
sense, the proper word for weight being tekel or 
shekel.* (See Dan. v. 25, 26, where both words 
occur). In Hebrew it is used as a specific weight, 
equal to 50 or 60 shekels + (1 Kings, x. 17 ; Ezra, 
ii. 69 ; Nehem. vii. 71, 72 ; Ezek. xlv. 12). The 
word was also used in Egypt, in the sense of a 
fluid measure and also of a weight of water. (See 
Bockh, Metrol. Untersuch. c. iv.) From an ex- 
amination of several passages of the Greek writers, 
by the light of the etymological signification of the 
word fiva., Bockh arrives at the following conclu- 
sions, which, if not strictly demonstrated, arc 
established on as strong grounds as we can pro- 
bably ever hope to obtain in so difficult a subject : 

(1) that in the astronomical observations of the 
Chaldecs and Egyptians, time was measured by the 
running out of the water through an orifice : — 

(2) that the quantity of the water which so ran 
out was estimated both by measure and by weight: 
— (4) that this mode of measuring time led na- 
turally to the determination of a connected system 
both of weights and meosures,the unit of which was 
the maneh (/tva), which originally signified a defi- 
niti tpiHiitify of ti nt, r, di trrmim d rithi r by weight or 
meiinure, and was afterwards used especially in the 
sense of a definite wt ght : — (5) that this system 
pass -d from Assyria to Phoenicia, and thelicc to 

* The t mid sh an- merely dialett variations. 

t Which is the tnic value is doubtful. Perhaps 
the two values were used at different places, ac- 
cording as the duodecimal or decimal system pre- 
vailed. 

3 'I 



932 



PONDERA. 



PONDERA. 



the Greeks, who are expressly stated to have de- 
rived from Babylon their method of dividing the 
day and measuring time, and other important 
usages, and whose most ancient talent (the Aegi- 
netan) was still, in the historical times, identical 
with the Babylonian. 

4. The Babylonian Talent. — The Babylonian 
talent itself was current in the Persian Empire 
as the standard weight for silver. Under Dareius 
the son of Hystospes, the silver tribute of the 
provinces was estimated by the Babylonian talent, 
their gold tribute by the Eubo'ic ; and coined 
silver was also paid from the royal treasury ac- 
cording to the Babylonian talent. (Herod, iii. 89, 
foil. ; Aelian. V. H. i. 22.) Now the two stand- 
ards here mentioned are connected by Herodotus 
by the statement that the Babylonian talent is 
equal to 70 Eubo'ic minae, which, since every ta- 
lent contained GO minae, gives 70 : 60 for the ratio 
of the Babylonian talent to the Eubo'ic. There 
are, however, very sufficient reasons for con- 
cluding that 70 is here a round number, not an 
exact one. (See Bockh, c. v.) Pollux gives the 
same ratio (70 : 60) for that of the Babylonian to the 
Attic talent ; for he says that the Babylonian talent 
contained 70 Attic minae and 7000 Attic drachmae 
(ix. 86) : and it is probable that this statement is 
founded on the testimony of Herodotus, but that 
Pollux substituted the familiar Attic standard for 
the less known Eubo'ic, which two standards he 
knew to have some close connection with each 
other, and so he fell into the error of making them 
precisely equal. The same correction must be ap- 
plied to the testimony of Aelian (/. c), who makes 
the Babylonian talent equal to 72 Attic minae ; and 
in this statement, so corrected, we have probably the 
true ratio of the Babylonian talent to the Eubo'ic, 
namely 72 : 60 or 6 : S. In such arguments as 
these, it is extremely important to remember that 
the evidence is not that of Pollux and Aelian, who 
could not possibly give any independent testimony 
on such a subject, but that of the ancient au- 
thorities whom they followed, and by whom the 
term Attic may have been used truly as equivalent 
to Eubo'ic ; for the Attic standard before the legis- 
lation of Solon was the same as the Eubo'ic, and 
this standard was still retained in commerce after 
Solon's alterations.* In this sense there can be 
little doubt that, in the statement of Aelian, we 
have the testimony of some ancient writer, who 
gave a more exact value than the round number 
which Herodotus deemed sufficient for his purpose 
as an historian ; and the truth of his testimony is 
confirmed, not only by the greater exactness of 
the number, but by its very nature ; for, not only 
do we find in 70 (=7 x 10) a prime factor which 
is most unlikely to have entered into a system of 



* It is necessary here to caution the student 
against an error, which he might mistake for an 
ingenious discovery ; into which Bockh himself 
fell in his Public Economy of Athens ; and which 
Mr. Hussey has adopted ; and to which therefore 
the English student is much exposed. This error 
consists in assuming that both Herodotus and Aelian 
may be right ; and thus that the Babylonian talent 
was equal to 70 Eubo'ic or 72 Attic minae ; and 
therefore that the ratio of the Eubo'ic talent to the 
Attic was 72 : 70. It will presently be shown that 
this ratio was not 72 : 70, but 100 : 72, i. e. 
72 : 51-84. 



weights, namely 7, but in 72 (=6 x 12) as well 
as in 60 (5x12) we have the duodecimal computa- 
tion which we know to have prevailed most exten- 
sively in the early metrical systems. The division 
of the day into 12 hours, which Herodotus ex- 
pressly ascribes to the Babylonians, is not only a 
striking example of this, but a fact peculiarly im- 
portant in connection with the idea that the mea- 
surement of time by water led to the invention 
of the Babylonian system of weights. It is also 
important to observe that these two ancient sys- 
tems, the Babylonian and the Eubo'ic, differ from 
one another in a proportion which is expressed by 
multiplying 12 by the numbers which form the 
bases of the decimal and duodecimal systems re- 
spectively, namely, 6 and 5. In connection with 
this fact, it is interesting to observe that the 
Hebrew talent, which was no doubt essentially the 
same as the Babylonian, is made, by different com- 
putations, to consist of 60 or 50 maneh. 

Indeed, the whole of the Hebrew system throws 
important light on the Babylonian, and on its con- 
nection with the Greek. The outline of this sys- 
tem is as follows : — 



Gerah 



10 


Bekah 






20 


2 


Shekel 




1000 


100 


50 


Maneh 


60,000 


6000 


3000 


60 ] 



where the principal unit is the Shekel, which can 
be identified with the principal unit of the old 
Greek system (in its chief application to coined 
money), namely, the didrachm or old stater. Hence 
we have the 

Kiklcar equivalent to the talent 

Maneh „ mina 

Shekel „ didrachm or stater 

Bekah „ drachma. 

To this part of the subject, which we have not 
space to pursue further, Bockh devotes a long and 
elaborate chapter (c. vi. Hebr'disches, Phonicisches, 
und Syrisches Gewicht and Geld). 

5. The Aeginetan Talent. — Returning to the 
connection between the Babylonian and Greek 
talent, we have seen that the Babylonian talent 
contained 72 Eubo'ic minae. It will presently 
appear that the Eubo'ic talent and mina were the 
same as the great Attic talent and mina, which 
were in use before the reduction effected in 
them by Solon ; and further that the nature of 
that reduction was such that the Old Attic 
(Eubo'ic) talent was equivalent to 8333^- New 
Attic (Solonian) drachmae, and the Eubo'ic mina 
to 138f- Solonian drachmae. Now the Baby- 
lonian talent contained 72 Eubo'ic minae, that is 
(138£ x 72=) 10,000 Solonian drachmae. But 
10,000 Solonian drachmae were equivalent to an 
Aeginetan talent. (Pollux, ix. 76, 86 ; comp. 
Nummus, p. 810, a.) Therefore, the Aeginetan 
Talent was equivalent to the Babylonian. What is 
meant precisely by the Aeginetan talent, and how 
this talent was established in Greece by the legis- 
lation of Pheidon, has already been explained 
under Nummus. The only step remaining to 
complete the exposition of the outline of the sub- 



PONDERA. 

ject is the obvious remark that Pheidon must have 
arranged his standard of weights by that which 
had already been introduced into Greece by the 
commerce of the Phoenicians, namely, the Baby- 
lonian. 

6. Tlte Eubo'ic Talent. — In the foregoing re- 
marks, the Eubo'ic talent has been continually 
referred to as a standard with which to compare 
the Babylonian. We have now to investigate 
independently its origin and value. The name 
Eubo'ic, like the name Aeginetan, is calculated to 
mislead, as we see in the absurd explanations 
by which some of the grammarians attempt to ac- 
count for its origin. (See Nvmmus, p. 810.) 
That the name comes from the island of Euboca, 
and that the Eubo'ic standard was not only used 
there, but was widely diffused thence by the Chal- 
cidic colonies, admits of no reasonable doubt ; but 
it is not very probable that the standard originated 
there. The most important testimony respecting 
it is the statement already quoted, that Dareius 
reckoned the gold tribute of his satrapies in Eubo'ic 
talents. (Herod, hi. 89, 95.) Biickh (c. viii.) 
thinks it incredible that the Persian king should 
have made this use of a Greek standard ; and, 
before him, the best of all the writers on metro- 
logy, Raper, had acknowledged the Oriental origin 
of the standard. {PhUoi. Trans, vol. Lxi. p. 486.) 
This view derives also some support from the 
curious numerical relation already noticed between 
the Babylonian and Euboic scales ; which suggests 
the idea that the minae of the two scales may 
have been derived from the subdivision of the 
same primary unit, in the one, into parts both 
decimal and duodecimal, that is, sexagesimal (60), 
in the other, into parts purely duodecimal (72) ; 
and then, for the sake of uniformity, a talent of 
the latter scale was introduced, containing, like 
the other, 60 minae. Bo this as it may, it can 
be affirmed with tolerable safety that the Euboic 
talent is derived from a standard of weight used 
for gold, which existed in the East, in the earliest 
historical period, by the side of the Babylonian 
standard, which was used chiefly for silver: that, 
at an early period, it was introduced by commerce 
into Euboea, from which island it derived the 
name by which it was known to the Greeks, on 
account of its diffusion by the commercial activity 
of the Eubocans, just as the Babylonian standard 
obtained its Greek name from the commercial ac- 
tivity of the Acginctans. (C'omp. Nr.M.wus, /. c.) 

The examination of the testimonies respecting 
the value of this standard involves a discussion too 
intricate to be entered upon here, although it is 
one of the most interesting points of the whole sub- 
ject. We must be content to refer the reader to 
the masterly argument of Biickh (c. viii.), who comes 
to the following conclusions : — that the Euboic 
standard was not, as some have thought, the same 
as the Aeginetan ; nor the same, or but slightly 
different from, the Solonian Attic ; but the same 
as the old (ante-Solonian) Attic : — that its true- 
ratio to the Babylonian, or Aeginetan, was that 
given in round numbers by Herodotus, as 60 : 70, 
and in exnet numbers by Aelian (who by Attic 
means old Attic) ns 60 : 72, that is, 5 : 6 ; and that 
its ratio to the .Solonian was, as will presently la- 
shown, 25 : 18. These views are confirmed, not 
only by the consistency of the results to which they 
lend, but by the decisive evidence of the existing 
coins of the Euboic standard. [Nimmix | 



PONDERA. 933 
These two standards form the foundation of the 
whole system of Greek weights. But the second 
received an important modification by the legis- 
lation of Solon ; and this modification became, 
under the name of the Attic silver tulcnt, the chief 
standard of weight throughout the East of Europe, 
and the West of Asia. We proceed to notice both 
of the Attic standards. 

7. The Old Attic Talent, and the Solonian Ta- 
lent. — We have already noticed, under NuMMUS 
(p. 81 "2, b.), Plutarch's account of the reduction 
effected by Solon in the Attic system of weights 
and money, according to which the old weights 
were to the new in the proportion of 100 : 73. 
An important additional light is thrown on this 
matter by an extant Athenian inscription, from 
which we obtain a more exact statement of the 
ratio than in Plutarch's account, and from which 
we also learn that the old system continued in use, 
longafterthc Solonian reduction, forall commodities, 
except such as were required by law to be weighed 
according to the other standard, which was also the 
one always used for money, and is therefore called 
the silver standard, the old system being called 
the commercial standard, and its niina the commer- 
cial tnina (t) y.va. r) ffnropiKT]). The inscription, 
which is a decree of uncertain date (about 01. 155, 
b. c. 160, according to Bockh, C. I. No. 123, § 4, 
vol. i. p. 164), mentions the commercial mina as 
weighing "138 drachmae 2r((pavn<p6pov, accord- 
ing to the standard weights in the mint " [Ahgv- 
rocopeion], that is, of course, 138 drachmae of 
the silver, or Solonian, standard. This would give 
the ratio of the old to the new Attic weights as 
138 : 100, or 100 : 72££, certainly a very curious 
proportion. It appears, however, on closer re- 
search, that this ratio is still not quite exact. It 
often happens that, in some obscure passage of a 
grammarian, we find a statement involving minute 
details, so curious and so inexplicable, till the clue 
is found, that the few scholars who notice the 
passage reject it as unintelligible, without con- 
sidering that those strange minutiae arc the best 
evidence that the statement is no invention ; and 
that the grammarian, who copied the statement, 
without troubling himself to understand it, has 
preserved a fact, which more systematic writers 
have lost or perverted. Such passages are grains 
of pure gold amidst the mud which forms the bulk 
of the deposit brought down to us by those writers. 
A striking instance is now before us, in a passage 
of Priscian (de He Xumm.) in which, following a 
certain Dardanus, he says : " Talentum Athcnienso 
fiarrum minae scxaginta. maipium minae octingenta 
trcs ct tincinc quattuor." Taking the last words 
to be the Roman mode of expressing 83J, and as- 
suming, what is obvious, that the minae meant in 
the two clauses are of the same standard, namely, 
the common Attic or Solonian (for, as a general 
rule, this standard is to be understood, where no 
other is specified), and understanding by the great 
Attn- talent that of the commercial standard, and 
by the mall, the silrer, or Solonian, we obtain this 
result, — that the ratio nf'tlir old Attic or commercial 
talent to the new Attic or Solonian, was ns 83^ : 60, 
or as I38j| j 100, or as 1 00 : 72. I-'or the masterly 
! argument by which llockh sustains the truth of 
this statement, we must refer to his own work 
j (c. viii.). It is easy to under-tand how, in process 
I of time, the fraction came to be neglected, so that, 
I in the decree quoted, the commercial niinu of 100 
3 « 3 



934 



PONDERA. 



PONDERA. 



commercial drachmae was spoken of as containing 
138 silver drachmae instead of 138§, and how, 
further, when Plutarch came to calculate how many 
drachmae of the old scale were contained in the 
Solonian mina, he gave an integral number 73, 
instead of 72AJ, and thus, by these two rejections 
of fractions, the true ratio of 100 : 72 was altered 
to 100 : 73.* 

8. Ratios of the three Greek Systems to each other. 
— The importance of this calculation is made mani- 
fest, and its truth is confirmed, by comparing the 
result with the statements which we have of the 
ratio of the Aeginetan standard to the Solonian. 
That ratio was 5 : 3, according to the state- 
ment of Pollux, that the Aeginetan talent con- 
tained 10,000 Attic drachmae, and the drachma 
10 Attic obols. (Poll. ix. 76, 86.) Mr. Hussey 
(who was the first, and, after the reply of Bockh, 
ought to be the last, to call this statement in ques- 
tion) observes that this value would give an Aegi- 
netan drachma of 110 grains, whereas the existing 
coins give an average of only 96 ; and he explains 
the statement of Pollux as referring not to the 
Attic silver drachmae of the full weight, but to the 
lighter drachma which was current in and after 
the reign of Augustus, and which was about equal 
to the Roman denarius. [Drachma.] 

On the other hand, Bbckh adheres to the pro- 
portion of 5 : 3, as given by Pollux, who could not 
(he contends) have meant by drachmae those equal 
to the denarii, because he is not making a calcula- 
tion of his own, suited to the value of the drachma 
in his time, but repeating the statement of some 
ancient writer who lived when the Attic and 
Aeginetan currencies were in their best condition. 
Mr. Hussey himself states (p. 34), and for a si- 
milar reason to that urged by Bijckh, that when 
Pollux speaks of the value of the Babylonian 
talent in relation to the Attic, he is to be under- 
stood as referring to Attic money of the full 
weight : and Bockh adds the important remark, 
that where Pollux reckons by the lighter drachmae, 
as in the case of the Syrian and small Egyptian 
talents, this only proves that those talents had but 
recently come into circulation. Bbckh thinks it 
very probable that Pollux followed the authority 
of Aristotle, whom he used much, to which he 
makes frequent references in his statements re- 
specting measures and money, and who had fre- 
quent occasions for speaking of the values of money 
in his political works. 

Again, as the Aeginetan standard was that 
which prevailed over the greater part of Greece in 
early times, we should expect to find some definite 
proportion between it and the old Attic before 
Solon : and, if we take the statement of Pollux, 
we do get such a proportion, namely, that of 6 : 5, 
the same which has been obtained from the fore- 
going investigation. 

Bijckh supports his view by the evidence of ex- 

* The commercial weights underwent a change 
by the decree mentioned above, which orders that 
12 drachmae of the silver standard shall be added to 
the mina of 138 drachmae ; that to every five com- 
mercial minae one commercial mina shall be added ; 
and to every commercial talent five commercial 
minae. Thus we shall have — 

the mina = ISO drachmae (silver), 
5 minae = 6 minae (commercial), 
the talent = 65 minae (commercial). 



isting coins, especially the old Macedonian, before 
the adoption of the Attic standard by Philip and 
Alexander, which give a drachma of about 110 
grains, which is to the Attic as 5 : 3. The iden- 
tity of the old Macedonian standard with the 
Aeginetan is proved by Bijckh (Metrol. p. 89 ; 
compare Miiller, Dor. iu. 10. §12. and Aeginet. 
pp. 54 — 58). There are also other very ancient 
Greek coins of this standard, which had their 
origin, in all probability, in the Aeginetan system. 
[Nummus, p. 812, a.] 

The lightness of the existing coins referred to 
by Hussey is explained by Bockh from the well- 
known tendency of the ancient mints to depart 
from the full standard. 

Mr. Hussey quotes a passage where Herodotus 
(iii. 131) states that Democedes, a physician, after 
receiving a talent in one year at Aegina, obtained 
at Athens the next year a salary of 100 minae, 
which Herodotus clearly means was more than 
what he had before. But, according to Pollux's 
statement, says Mr. Hussey, the two sums were 
exactly equal, and therefore there was no gain. 
But Herodotus says nothing of different standards ; 
surely then he meant the same standard to be ap- 
plied in both cases. 

From comparing statements made respecting the 
pay of soldiers, Hussey (p. 61) obtains 4 : 3 as 
about the ratio of the Aeginetan to the Attic 
standard. Bockh accounts for this by supposing 
that the pay of soldiers varied, and by the fact that 
the Aeginetan money was actually lighter than the 
proper standard, while the Attic at the same period 
was very little below the full weight. 

There are other arguments on both sides, but 
what has been said will give a sufficiently complete 
view of the question. 

As the result of the whole investigation, we get 
the following definite ratios between the three 
chief systems of Greek weights : 

Aeginetan : Eubo'ic : : 6 : 5 
Aeginetan : Solonian : : 5 : 3 

Eubo'ic : Solonian : : 138f : 100 

i. e. : : 100 : 72 

: : 25 : 18 

or nearly : : 4 : 3 

The reason of the strange ratio between the 
Solonian and old Attic (Eubo'ic) system seems to 
have been the desire of the legislator to establish 
a simple ratio between his new system and the 
Aeginetan. Respecting the diffusion of the three 
systems throughout Greece, see Nummus. 

9. Other Grecian Systems. — Our information- re- 
specting the other standards used in Greece and the 
neighbouring countries is very scanty and confused. 
Respecting the Egyptian, Alexandrian, or Ptolemaic 
Talent, the reader is referred to Bockh, c. x. The 
Tyrian Talent appears to have been exactly equal 
to the Attic. A Rhodian Talent is mentioned by 
Festus in a passage which is manifestly corrupt (s. v. 
Talentum). The most probable emendation of the 
passage gives 4000 cistophori or 7500 denarii as the 
value of this talent. A Syrian Talent is mentioned, 
the value of which is very uncertain. There were 
two sizes of it. The larger, which was six times 
that used for money, was used at Antioch for weigh- 
ing wood. A Cilician Talent of 3000 drachmae, or 
half the Attic, is mentioned by Pollux (ix. 6). 

A much smaller talent was in use for gold. It 
was equal to 6 Attic drachmae, or about f oz. It 



PONDERA. 



PONDERA. 



935 



was called the gold talent, or the Sicilian talent 
from its being much used by the Greeks of Italy 
and Sicily. This talent is perhaps connected with 
the small talent which is the only one that occurs 
in Homer. The Italian Greeks divided it into 
24 nummi, and afterwards into 12 (Pollux, ix. 6 ; 
Festus, s. v. Talentum). [Compare N VMM OS, p. 
814.] 

This small talent explains the use of the term 
great talent (magnum talentum), which we find in 
Latin authors, for the silver Attic talent was great 
in comparison with this. But the use of the term 
by the Romans is altogether very inexact ; and in 
some cases, where they follow old Greek writers, 
they use it to signify the old Attic or Eubo'ic 
Talent. 

There are other talents barely mentioned by an- 
cient writers. Hesychius (s. v.) mentions one of 
100 pounds (\Wpwv), Vitruvius (x. 21) one of 
120 ; Suidas (s. r.), Hesychius, and Epiphanius 
(de Mens, et Pond.) of 125 ; Dionysius of Halicar- 
nassus (ix. 27) one of 125 asses, and Hesychius 
three of 165, 400, and 1125 pounds respectively. 

Where talents are mentioned in the classical 
writers without any specification of the standard, 
we must generally understand the Attic. 

10. Comparison of Grecian Weights with our oirn. 
— In calculating the value of Greek weights in 
terms of our own, the only safe course is to follow 
the existing coins ; and among these (for the reasons 
stated under N ummus, p. 811, b.), it is only the 
best Attic coins that can be relied on with any c r- 
tainty, although there are many other coins which 
afford valuable confirmatory evidence, after the 
standards to which they belong have been fixed. 

Mr. Hussey's computation of the Attic drachma, 
from the coins, is perhaps a little too low, but it is 
■o very near the truth that we may safely follow 
it, for the sake of the advantage of using his 
numbers without alteration. He makes the 
drachma 66*5 grains. [Drachma: comp. Num- 
mus, p. 811, b. : for the other weights see the 
Tables.] 

11. Iioman Weights. — The outline of the Roman 
and Italian system of weights, which was the same 
as the ancient system of copper money, has been 
already given under As. The system is extremely 
simple, but its conversion into our own standard 
is a question of very considerable difficulty. The 
following are the different methods of computing 
it : — 

(1) Tlit Roman coins furnish a mode of calcu- 
lating the weight of the lil,ra, which has been more 
relied on than any other by most modern writers. 
The As will scarcely help us in this calculation, 
because its weight, though originally a pound, was 
very early diminished, and the existing specimens 
differ from each other very greatly [As], but speci- 
mens, which we may suppose to be asses librales, 
may of course be used as confirmatory evidence. 
We must therefore look chiefly t/> the silver and 
gold coins. Now the average weight of the extant 
specimens of the denarius is about 60 grains, and 
in the early ages of the coinage 84 denarii went to 
the pound. [Denarius.] The pound then, by 
this calculation, would contain 5040 grains. Again, 
the aurri of the early gold coinage were equal in 
weight tnascrupulum and its multiples. [Al RUM.) 
Now the scrupulum was the 288th part of the 
pound [Un'CIa], and the average of the tcrupular 
aurci has been found by Lclroniic to be about 1 7 J 



grains. Hence the pound will be 288 x 1 7£= 
5040 grains, as before. The next aurei coined 
were, according to Pliny, 40 to the pound, and 
therefore, if the above calculation be right, = 126 
grains ; and we do find many of this weight. But, 
well as these results hang together, there is great 
doubt of their truth. For, besides the uncertainty 
which always attends the process of calculating a 
larger quantity from a smaller on account of the 
multiplication of a small error, we have every 
reason to believe that the existing coins do not 
come up to their nominal weight, for there was an 
early tendency in the Roman mint to make money 
below weight (Plin. H.X. xxxiii. 13.S.46 ; compare 
As, Aram, Denarius), and we have no proof 
that any extant coins belonged to the very earliest 
coinage, and therefore no security that they may 
not have been depreciated. In fact, there are many 
specimens of the denarius extant, which weigh more 
than the above average of 60 grains. It is there- 
fore probable that the weight of 5040 grains, ob- 
tained from this source, is too little. Hence, 
Wurm and Bockh, who also follow the coins, give 
it a somewhat higher value, the former making it 
5053*635 grains, and the latter 5053*28. (Hussey, 
c 9 ; Wurm, c. 2 ; Bbckh, c. 1 1 ). 

(2) Another mode of determining the pound is 
from tlie relation between the Iioman weights and 
measures. The chief measures which aid us in 
this inquiry are the amphora or quadrantal, and 
the congius. The solid content of the amphora 
was equal to that of a cube, of which the side was 
one Roman foot, and the weight of water it con- 
tained was 80 pounds. [Quadrantal.] Hence, 
if we can ascertain the length of the Roman foot 
independently, it will give us the solid content of 
the amphora, from which we can deduce the weight 
of the Roman pound. Taking the Roman foot at 
11*65 inches, its cube is 1581*167 cubic inches = 
5*7025 imperial gallons = 57*025 pounds avoirdu- 
pois, the 80th part of which is "7128 of a pound, 
or 4989 grains. But there are many disturbing 
elements in this calculation, of which the chief is 
our ignorance of the precise density of the fluid, 
80 pounds of which filled the amphora. 

It might, at first thought, appear that the result 
might be obtained at once from the congius of 
Vespasian, which professes to hold 10 Roman 
pounds [Congius], and the content of which has 
been twice examined. In 1630, Auzout found it 
to contain 51463*2 grains of distilled water, which 
would give 5146*32 grains for the Roman pound. 
In 1721, Dr. Hase found it to contain 52037*69 
grains, giving 5203*77 grains for the Koman pound. 
Both these results are probably too high, on ac- 
count of the enlargement which the vessel has 
undergone by the corrosion of its inner surface ; 
and this view is confirmed by the fact, that the 
earlier of the two experiments gave it the smaller 
content. (Sec Wurm, p. 78; liockli, pp. 166, 
167.) Again, the nature of the fluid employed in 
the experiment, its temperature, and the height of 
the barometer, would all influence the result, and 
the error from these sources must occur twice, 
namely, at the original making of the congius and 
at the recent weighing of its contents. We can, 
therefore, bj no mean, aifree with Mr. Ilimsey in 
taking the weight of 5204 grains, as obtained from 
this experiment, to be the nearest approximation 
to the weight of the Roman pound. On the con- 
trary, if this method were followed at ull, wo 
8 <■ 4 



936 



PONDERA. 



PONS. 



should be compelled to prefer the theoretical cal- 
culation from the quadrantal already given, and to 
say that the value of 5053'28 (or 5053'635) 
grains, obtained from the coins is too high, rather 
than too lovv. 

(3) Another method is from existing Roman 
toeights, of which we possess many, but differing 
so greatly among themselves, that they can give 
no safe independent result, and their examination 
is little more than a matter of curiosity. A full 
account of them will be found in Bockh, pp. 163 — 
196. 

(4) The determination of the Roman pound 
from its ratio to the Attic talent, namely, as 1 : 80 
(see Bockh, c. 9) is not to be much relied on ; 
since we do not know whether that ratio was exact, 
or only approximate. 

On the whole, the result obtained from the coins 
is probably nearest to the truth. 

12. Connection between Weights and Measures. 
— Upon the interesting, but very difficult, subjects 
of the connection of the Greek and Roman weights 
with one another, and of both with the Greek 
measures, our space does not permit us to add any- 
thing to the passages quoted from Bockh and 
Grote under Mensura, p. 754 ; and to what is 
said under Quadrantal. 

13. Authorities. — The following are the chief 
authorities on the subject of ancient weights, 
money, and measures. 

i. Ancient Authorities. — In addition to the classic 
writers in general, especially the historians and 
geographers, (1) the Ancient Grammarians and 
lexicographers contain many scattered notices, 
some of which are preserved from the last metro- 
logical treatises of Dardanus, Diodorus, Polemar- 
chus, and others. (2) We possess a number of 
small metrological treatises, which are printed in 
the fifth volume of Stephanus's Thesaurus Linguae 
Graecae, and with the works of Galen, vol. xix. 
ed. Kiihn. The most important of them are, that 
ascribed to Dioscorides, the piece entitled 7repl 
fizrpuv vypwv, and the extract from the Koo-jxtiriKa 
of Cleopatra. Besides these, we have a good 
treatise on the subject, printed in the Benedictine 
Analeeta Graeca, pp. 393, foil, and in Montfaucon's 
Paleographie Grecque, pp. 369, foil. : — two works, 
of but little value, ascribed to Epiphanius, entitled 
■irepl fiirpuiv (fa! a-raSp-wv and irepl tttjAikcit^tos 
pirptav, printed in the Varia Sacra of Steph. Le 
Moyne, vol. i. pp. 470, foil. : — various writings of 
Heron (see Diet, of Biog. s. v.) : — and a treatise 
by Didymus of Alexandria, fierpa ixapjxaptnv Kai 
iravTolwu ^vKwv, published by Angelo Mai from a 
MS. in the Ambrosian Library at Milan, 1817, 
8vo. Certain difficulties respecting the authorship 
of some of these works are discussed by Bockh, 
c. 2. In Latin, we have two works by Priscian ; 
the one in prose, entitled, De Figuris et Nominibus 
Numerorum et de Nummis ac Ponderibus ad 
Symmachum Liber ; the other is the poem De 
Ponderibus et Mensuris, in 208 hexameter verses, 
which is commonly ascribed to Rhemnius Fannius, 
and which is printed in Wernsdorf 's Poetae Latini 
Minores, vol. v. pt. 1. pp. 212, foil., and in Weber's 
Corpus Poetarum Latinorum, pp. 1369, 1370. 
The statements of all these metrological writers 
must be used with great caution on account of their 
late age. (3) The chief Existing Monuments such 
as buildings, measures, vessels, weights, and coins, 
have been mentioned in the articles Mensura, 



and Nummus. Further information respecting 
them will be found in Bockh. 

ii. Modern Works : see the list given at the end 
of the article Nummus. The present position of 
our knowledge is marked by the work of Bockh, 
so often referred to, with Mr. Grote's review of it. 
There is no satisfactory English work on the sub- 
ject. The best, so far as it goes, is the treatise of 
Raper, in the Philosophical Transactions, vol. lxi. 
Mr. Hussey's work is very useful, but its value 
is much impaired by the want of more of that 
criticism, at once ingenious and sound, which has 
guided Bb'ckh to so many new and firm results 
amidst intricacies which were before deemed hope- 
less. 

For a general view of the value of the several 
weights, measures, and money in terms of our own, 
see the Tables at the end of this work. [P. S-1 

PONDO. [Libra.] 

PONS (yiapvpa), a bridge. The most ancient 
bridge upon record, of which the construction has 
been described, is the one erected by Nitocris over 
the Euphrates at Babylon. (Herod, i. 186.) It 
was in the nature of a drawbridge ; and con- 
sisted merely of stone piers without arches, but 
connected with one another by a framework of 
planking, which was removed at night to prevent 
the inhabitants from passing over from the different 
sides of the river to commit mutual depredations. 
The stones were fastened together by iron cramps 
soldered with lead ; and the piers were built whilst 
the bed of the river was free from water, its course 
having been diverted into a large lake, which was 
again restored to the usual channel when the work 
had been completed. (Herod. I. c.) Compare the 
description given by Diodorus Siculus (ii. 8, vol. i. 
p. 121, ed. Wesseling), who ascribes the work to 
Semiramis. 

Temporary bridges constructed upon boats, 
called crxeSi'ai (Hesych. s. t>. ; Herod, vii. 36 ; 
Aesch. Pers. 69, ed. Blomf., et Gloss.), were also 
of very early invention. Dareius is mentioned as 
having thrown a bridge of this kind over the 
Thracian Bosporus (Herod, iv. 83, 85) ; but we 
have no details respecting it, beyond the name of 
its architect, Mandrocles of Samos. (Herod, iv. 87, 
88.) The one constructed by order of Xerxes 
across the Hellespont is more celebrated, and has 
been minutely described by Herodotus (vii. 36). 
It was built at the place where the Chersonese 
forms almost a right angle, between the towns of 
Sestos and Madytus on the one side, and Abydos 
on the other. The first bridge, which was con- 
structed at this spot, was washed away by a storm 
almost immediately after it was completed (Herod, 
vii. 34), and of this no details are given. The 
subsequent one was executed under the directions 
of a different set of architects. {Id. 36.) Both of 
them appear to have partaken of the nature of 
suspension bridges, the platform which formed the 
passage-way being secured npon enormous cables 
formed by ropes of flax (Aeu/coAiVou) and papyrus 
{jivgxivtov) twisted together, and then stretched 
tight by means of windlasses (ovoi) on each side. 

The bridges hitherto mentioned cannot be 
strictly denominated Greek, although the archi- 
tects by whom the two last were constructed were 
natives of the Greek islands. But the frequent 
mention of the word in Homer proves that bridges 
were not uncommon in the Greek states, or at least 
in the western part of Asia Minor, during his time. 



PONS. 



PONS. 



937 



The Greek term for a permanent bridge is ye<pvpa, 
which the ancient etymologists connected with the 
Gephyraei (re<pvpaioi), a people whom Herodotus 
(v. 57) states to have been Phoenicians, though 
they pretended to have come from Eretria ; and 
the etymologists accordingly tell us that the first 
bridge in Greece was built by this people across 
the Cephissus ; but such an explanation is opposed 
to sound etymology and common sense. As the 
rivers of Greece were small, and the use of the arch 
known to them only to a limited extent [Alters], 
it is probable that their bridges were built entirely 
of wood, or, at best, were nothing more than a 
wooden platform supported upon stone piers at 
each extremity, like that of Nitocris described 
above. Pliny (//. A', iv. 1) mentions a bridge 
over the Acheron 1000 feet in length ; and also 
says (iv. 21) that the island Euboea was joined 
to Boeotia by a bridge ; but it is probable that 
both these works were executed after the Roman 
conquest. 

In Greece also, as well as in Italy, the term 
bridge was used to signify a roadway raised upon 
piers or arches to connect the opposite sides of a 
ravine, even where no water flowed through it 
(tV y((f>vpav, 5) M rif vdirti ijv, Xen. Anab. 
vi. 5. § 22). 

The Romans were undoubtedly the first people 
who applied the arch to the construction of bridges, 
by which they were enabled to erect structures 
of great beauty and solidity, as well as utility ; 
for by this means the openings between the piers 
for the convenience of navigation, which in the 
bridges of Babylon and Greece must have been very 
narrow, could be extended to any necessary span. 

The width of the passage-way in a Roman 
bridge was commonly narrow, as compared with 
modern structures of the same kind, and corre- 
sponded with the road (via) leading to and from 
it. It was divided into three parts. The centre 
one, for horses and carriages, was denominated 
agijer or iter ; and the raised footpaths on each 
side (decuruoria), which were enclosed by parapet 
walls similar in use and appearance to the p/uteus 
in the basilica. [Basilica, p. 199, b.] 

Eight bridges across the Tiber are enumerated 
by P. Victor as belonging to the city of Rome. 
I. Of these the most celebrated, as well as the 
most ancient, was the Pons SruLlcii.'S, so called 
because it was built of wood ; suUices, in the lan- 
guage of the Formiani, meaning wooden beams. 
( Kestus, t. v. .Suljlicium.) It was built by Ancus 
Martius, when he united the Janiculum to the city 
(Liv. i. 33; Dionys. iii. p. 183), and became re- 
nowned from the well-known feat of Horatius 
Codes in the war with Poncnna. (Liv. ii. 
10; V«L Max. iii. 2. § 1 ; Dionys. v. pp. 295, 
298.) In consequence of the delay and difficulty 
th'-n experienced in lin ik int; it down, it was re. 
constructed without nails, in such a manner that 
each beam could be removed and replaced at plea- 
sure. (Plin. //. A. xxxvi. 23.) It was so rebuilt 
by the pontificei (Dionys. iii. p. 1 83), from which 
fact, according to Vurro (/)<■ ling. I. •'. v. 83), 
they derived their name ; and it was afterwards 
considered so sacred, that no repairs could be made 
in it without previous sacrifice conducted by the 
pontifex in person. (Dinnys. ii. I. c.) In lin- 
age of Augustus it was still a wooden bridge, ns 
is manifest from the epithet roboreo, used by Ovid 
(jtufc v. 621) ; in which state it appears to have 



remained at the time of Otho, when it was carried 
away by an inundation of the Tiber. (Tacit. Hist. 
L 86, who calls it pons sublicius.) In later ages it 
was also called pons Aemilius, probably from the 
name of the person by whom it was rebuilt ; but 
who this Aemilius was is uncertain. It may have 
been Aemilius Lepidus the triumvir, or probably 
the Aemilius Lepidus who was censor with Muna- 
tius Plancus, under Augustus, ten years after the 
pons sublicius fell down, as related by Dion Cassius 
(p. 423, c.) Vt'e Lam from P. Victor, in his de- 
scription of the Regio xi., that these two bridges 
were one and the same — 14 Aemilius qui ante sub- 
licius." It is called Aemilian by Juvenal (Sat 
vi. 32) and Lampridius (Helior). c. 17), but it is 
mentioned by Capitolinus (Anlonin Pius, c. 8) as 
the pons Sublicius ; which passage is alone suffi- 
cient to refute the assertion of some writers that it 
was built of stone at the period when the name of 
Aemilius was given to it. (Nardini, Horn. Ant. 
viii. 3.) 

This bridge was a favourite resort for beggars, 
who used to sit upon it and demand alms. (Senec. 
De Vit. Beat. 25.) Hence the expression of Ju- 
venal (xiv. 134), aliquis de ponte, for a beggar. 
(Compare also Juv. iv. 116.) 

It was situated at the foot of the Aventine, and 
was the bridge over which C. Gracchus directed 
his flight when he was overtaken by his opponents. 
(Pint. Gracch. p. 842, c. ; compare Val. ilax. iv. 7. 
§ 2; Ovid. Fast. vi. 477.) 

II. Pons Palatinis formed the communica- 
tion between the Palatine and its vicinities and 
the Janiculum, and stood at the spot now occupied 
by the " ponte Rotto." It is thought that the 
words of Livy ( xl. 51 ) have reference to this bridge. 
It was repaired by Augustus. (Inscrip. ap. Grut. 
p. 160. n. 1.) 

III. IV. Pons Fabricius and Pons Ckstius 
were the two which connected the Insula Tiberina 
with the opposite sides of the river ; the first with 
the city, and the latter with the Janiculum. Both 
are still remaining. The pons Fabricius was ori- 
ginally of wood, but was rebuilt by L. Fabricius, 
the curator viarum, as the inscription testifies, a 
short time previous to the conspiracy of Catiline 
(Dion Cass, xxxvii. p. 50) ; which passage of Dion 
Cassius, as well as the words of the Scholiast on 
Horace (Sat. ii. 3. 36), warrant the assumption that 
it was then first built of stone. It is now called 
" Ponte quattro capi." The pons Cestius is, by 
some authors, supposed to have been built during 
the reign of Tiberius by Cestius Gallus, the per- 
son mentioned by Pliny (x. 60 ; Tacit. Ann. vi. 
31), though it is more reasonable to conclude 
that it was constructed before the termination of 
the republic, as no private, individual would have 
been permitted to give his own nume to a public 
work under the empire. (Nardini, /. c.) The in- 
scriptions now remaining arc in commemoration of 
Valenlinianus, Valens, and (iratianus, the emperors 
by whom it was restored. Both these bridges are 
represent) <l in tin- fnllnwing woodcut: that on the 
right hand is the pons Fabricius, and is curious as 
being one of the very few remaining works which 
bear a date during the republic ; tin- pons Cestius 
on the left represents the eflbrts of a much later 
age ; and, instead of the buildings now seen 
u|>on the inland, tin- temple* which originally 
stood there, as well as the island itself, have been 
restored. 



S33 



PONS. 



PONS. 




V. Pons Janiculensis, which led direct to the 
Janiculum. The name of its founder and the 
period of its construction are unknown ; hut it 
occupied the site of the present " ponte Sisto," 
which was built by Sixtus IV. upon the ruins of 
the old bridge. 

VI. Pons Vaticanus, so called because it formed 
the communication between the Campus Martius 
and Campus Vaticanus. When the waters of the 
Tiber are very low, vestiges of the piers are still 
discernible at the back of the Hospital of San 
Spirito. By modern topographists this bridge is 
often called " Pons Triumphalis," but without any 



classical authority ; the inference, however, is not 
improbable, because it led directly from the Cam- 
pus to the Clivus Cinnae (now Monte Mario), from 
which the triumphal processions descended. 

VII. Pons Aelius, built by Hadrian, which 
led from the city to the Mausoleum [Mausoleum] 
of that emperor, now the bridge and castle of St. 
Angelo. (Spart. Hadr. c. 19 ; Dion Cass. Ixix. 
p. 797, E.) A representation of this bridge is given 
in the following woodcut, taken from a medal still 
extant. It affords a specimen of the style employed 
at the period when the fine arts are considered to 
have been at their greatest perfection at Rome. 




VIII. Pons Milvius, on the Via Flaminia, now 
ponte Molle, was built by Aemilius Scaurus the 
censor (Aur. Vict. De Viris Illustr. c. 27. § 8), 
and is mentioned by Cicero about forty-five years 
after its formation. Upon this bridge the ambassa- 
dors of the Allobroges were arrested by Cicero's 
retainers during the conspiracy of Catiline. (Cic. 
in Cat. iii. 2.) Catulus and Pompey encamped 
here against Lepidus when he attempted to annul 
the acts of Sulla. (Florus, iii. 23.) Its vicinity 
was a favourite place of resort for pleasure and de- 
bauchery in the licentious reign of Nero. (Tacit. 
Ann. xiii. 47.) And finally, it was at this spot that 
the battle between Maxentins and Constantine, 
which decided the fate of the Roman empire, took 
place, (a. d. 312.) 



The Roman bridges without the city were far 
too many to be enumerated here. They formed 
one of the chief embellishments in all the public 
roads ; and their numerous and stupendous re- 
mains, still existing in Italy, Portugal, and Spain, 
attest, even to the present day, the scale of grandeur 
with which their works of national utility were 
always carried on. Subjoined is a representation 
of the bridge at Ariminum (Rimini), which remains 
entire : it was commenced by Augustus and ter- 
minated by Tiberius, as we learn from the inscrip- 
tion, which is still extant. It is introduced in 
order to give the reader an idea of the style of art 
during the age of Vitruvius, that peculiar period of 
transition between the austere simplicity of the re- 
public and the profuse magnificence of the empire. 




The bridge thrown across the bay of Baiae by I he useless undertaking of a profligate prince, does 
Caligula (Dion Cass. lix. p. 652, E ; Suet. Cal. 19), | not require any further notice ; but the bridge 



PONS. 

which Trajan built across the Danube, which is 
one of the greatest efforts of human ingenuity, 
must not pass unmentioned. A full account of 
its construction is given by Dion Cassius (lxviii. 
p. 776, B.) ; and it is also mentioned by the younger 
Pliny (Ep. viii. 4 ; compare Procopius, De Aedi- 
ficiis). The form of it is given in the annexed 
woodcut, from a representation of it on the column 



PONS. 939 

of Trajan at Rome ; which has given rise to 
much controversy, as it does not agree in many 
respects with the description of Dion Cassius. The 
inscription, supposed to have belonged to this 
bridge, is quoted by Leunclav. p. 1041. 6, and by 
Gruter, 448. 3. 

Sub juguu ecce rapitir et Danuvius. 




It will be observed that the piers only are of 
stone, and the superstructure of wood. 

The Contc Marsigli, in a letter to Montfaucon 
(Giornale </e' Letterati W Italia, vol. xxii. p. 116), 
gives the probable measurements of this structure, 
from observations made upon the spot, which will 
serve as a faithful commentary upon the text of 
Dion. He considers that the whole line consisted 
of '23 piers and 22 arches (making the whole bridge 
about 3010 feet long,and 48 in height), which arc 
much more than the number displayed upon the 
column. But this is easily accounted for without 
impairing the authority of the artist's work. A 
few arches were sufficient to show the general 
features of the bridge, without continuing the mono- 
tonous uniformity of the whole line, which would 
have produced an effect ill adapted to the purposes 
of sculpture. It was destroyed by Hadrian (Dion 
Cass. /. c), under the pretence that it would facili- 
tate the incursions of the barbarians into the Roman 
territories, but in reality, it is said, from jealousy 
and despair of being able himself to accomplish 
any equally great undertaking ; which is supposed 
to be confirmed by the fact that he afterwards put 
to di ath the architect, Artemidorus, under whose 
directions it was constructed. 

The Romans also denominated by the name of 
pontes the causeways which in modem language 
nrc termed M viaducts." Of these the Pons ad 
Sonam, now called ponte Nono, near the ninth 
mil<- from Rome on the Via I'raenesiina is a fine 
specimen. 

Amongst the bridges of temporary use, which 
were made for the immediate purposes of a cam- 
EMUED, the most celebrated is that constructed by 
Julius Caesar over the Rhine within the short 
period of ten days. It was built entirely of wood, 
and the whole process of its construction is mi- 
nutely detailed by its author ( I>r lu ll. dull. iv. 17;. 
An elevation of it is given by Pallndio, constructed 
in conformity with the account of Caesar, which 
has been copied in the edition of Oudcndorp and 
in the Delphin edition. 

Vegctius (iii. 7), Herodian (viii. 4, 8), nnd 
Lucan (iv. 420) mention the use of casks (dolia, 
enjiae) by the Romans to support rafts for the pas- 




sage of an army ; and Vegetius (/. c.) says that it 
was customary for the Roman army to earn' with 
them small boats (monojru/i) hollowed out from the 
trunk of a tree, together with planks and nails, so 
that a bridge could be constructed and bound to- 
gether with ropes upon any emergency without 
loss of time. Pompey passed the Euphrates by a 
similar device during the Mithridatic war. (Floras, 
iii. 5.) The preceding woodcut, taken from a bas- 
relief on the column of Trajan, will afford an idea 
of the general method of construction and form of 
these bridges, of which there are several designs 
upon the same monument, all of which greatly re- 
semble each other. 

When the Comitia were held, the voters, in order 
to reach the enclosure called septum and ovile, 
passed over a wooden platform, elevated above the 
ground, which was called j/ons suffragiorum, in 
order that they might be able to give their votes 
without confusion or collusion. 

Pons is also used to signify the platform (&ri- 
GdBpa, aitoSaBpa) used for embarking in or dis- 
embarking from, a ship. 

" Interca Aeneas socios dc puppibus altis 
Pontibus cxponit." Virg. Acn. x. 288. 

The method of using these pontes is represented 
in the annexed woodcut, taken from a very curious 
intaglio representing the history of the Trojan war, 
discovered at Uovillae towards the latter end of the 
1 7th century ; which is given by l'abretti, .Syntagma 
de Column. Trtijtni, p. 315. (See further, Hirt, 
Ijehre der O'elaude, § x.) [A. R.] 




PO'NTIFKX (UpoSiSitTxaXnt, itpaviaot, itpo- 
<pii\ai, Upotpdmrtt). The origin of this word is 
explained in various ways. Q. Scaevola, who was 
I himself pontifex maxima*, derived it from posse 
iin l/i/v/v, and Varro from /«,«.<, because the pon- 
I tiffs, he says, had built the pons sohlicius, nnd 
, afterwards frequently restored it, that it might be 



940 



PONTIFEX. 



PONTIFEX. 



possible to perform sacrifices on each side of the 
Tiber. (Varro, de Ling. Lat. v. 83, ed. Mtiller ; 
Dionys. ii. 73.) This statement is, however, con- 
tradicted by the tradition which ascribes the build- 
ing of the pons sublicius to Ancus Martius (Liv. i. 
33), at a time when the pontiffs had long existed 
and borne this name. Gottling (Geseh. d. Rom. 
Staatsv. p. 173) thinks that pontifex is only another 
form for pompifex, which would characterise the 
pontiffs only as the managers and conductors of 
public processions and solemnities. But it seems 
far more probable that the word is formed from 
pons and facere (in the signification of the Greek 
ftc&tv, 10 perform a sacrifice), and that consequently 
it signifies the priests who offered sacrifices upon 
the bridge. The ancient sacrifice to which the 
name thus alludes, is that of the Argeans on the 
sacred or sublician bridge, which is described by 
Dionysius (i. 38; compare Argei). Greek writers, 
moreover, sometimes translate the word pontiffs by 
y€<pvpo7roto'i. 

The Roman pontiffs formed the most illustrious 
among the great colleges of priests. Their insti- 
tution, like that of all important matters of reli- 
gion, was ascribed to Numa. (Liv. i. 20 ; Dionys. 
ii. 73.) The number of pontiffs appointed by this 
king was four (Liv. x. 6), and at their head was 
the pontifex maximus, who is generally not included 
when the number of pontiffs is mentioned. Cicero 
(de Re Publ. ii. 14), however, includes the pontifex 
maximus when he says that Numa appointed five 
pontiffs. Niebuhr (Hist, of Rome, i. p. 302, &c. ; 
compare iii. p. 410 ; Liv. x. 6 ; Cic. de Re Publ. 
ii. 9 ) supposes with great probability, that the ori- 
ginal number of four pontiffs (not including the 
pontifex maximus) had reference to the two earliest 
tribes of the Romans, the Ramnes and Tities, so 
that each tribe was represented by two pontiffs. 
In the year B. c. 300, the Ogulnian law raised the 
number of pontiffs to eight, or, including the pon- 
tifex maximus, to nine, and four of them were to 
be plebeians. (Liv. x. 6.) The pontifex maximus, 
however, continued to be a patrician down to the 
year B. c. 254, when Tib. Coruncanius was the first 
plebeian who was invested with this dignity. (Liv. 
Epit. 18.) This number of pontiffs remained for 
a long time unaltered, until in 81 B. c. the dictator 
Sulla increased it to fifteen (Liv. Epit. 89), and 
J. Caesar to sixteen. (Dion Cass. xlii. 51.) In 
both these changes the pontifex maximus is in- 
cluded in the number. During the empire the 
number varied, though on the whole fifteen ap- 
pears to have been the regular number. 

The mode of appointing the pontiffs was also 
different at different times. It appears that after 
their institution by Numa, the college had the 
right of co-optation, that is, if a member of the col- 
lege died (for ,all the pontiffs held their office for 
life), the members met and elected a successor, 
who after his election was inaugurated by the 
augurs. (Dionys. ii. 22, 73.) This election was 
sometimes called captio. (Gellius, i. 12.) In the 
year 212 B. c. Livy (xxv. 5) speaks of the election 
of a pontifex maximus in the comitia (probably 
the comitia tributa) as the ordinary mode of ap- 
pointing this high-priest. But in relating the 
events of the year 181 B. c. he again states that 
the appointment of the chief pontiff took place by 
the co-optation of the college. (Liv. xl. 42,) How 
these anomalies arose (unless Livy expresses him- 
self carelessly) is uncertain (see Gottling, I. c. p. 



375) ; for, as far as we know, the first attempt to 
deprive the college of its right of co-optation, and 
to transfer the power of election to the people, was 
not made until the year B. c. 145, by the tribune 
C. Licinius Crassus ; but it was frustrated by the 
praetor C. Laelius. (Cic. de Am. 25, Brut. 21, de 
Nat. Deor. iii. 2.) In 104 B. c. the attempt was 
successfully repeated by the tribune Cn. Domitius 
Ahenobarbus : and a law (Lex Domitia) was then 
passed, which transferred the right of electing the 
members of the great colleges of priests to the 
people (probably in the comitia tributa) ; that is, 
the people elected a candidate, who was then made 
a member of the college by the co-optatio of the 
priests themselves, so that the co-optatio, although 
still necessary, became a mere matter of form. (Cic. 
de Leg. Agr. ii. 7, Epist. ad Brut. i. 5 ; Veil. 
Pat. ii. 12 ; Sueton. Nero, 2.) The lex Domitia 
was repealed by Sulla in a lex Cornelia de Sacer- 
dotiis (81 B. a), which restored to the great priestly 
colleges their full right of co-optatio. (Liv. Epit. 
89 ; Pseudo-Ascon. in Divinat. p. 102, ed. Orelli ; 
Dion Cass, xxxvii. 37.) In the year 63 B. c. the 
law of Sulla was abolished, and the Domitian law 
was restored, but not in its full extent ; for it was 
now determined, that in case of a vacancy the 
college itself should nominate two candidates, and 
the people elect one of them. This mode of pro- 
ceeding is expressly mentioned in regard to the 
appointment of augurs, and was, no doubt, the 
same in that of the pontiffs. (Cic. Philip, ii. 2.) 
Julius Caesar did not alter this modified lex Domi- 
tia, but M. Antonius again restored the right of 
co-optatio to the college. (Dion Cass. xliv. 53.) 

The college of pontiffs had the supreme superin- 
tendence of all matters of religion, and of things 
and persons connected with public as well as pri- 
vate worship. A general outline of their rights 
and functions is given by Livy (i. 20) and Diony- 
sius (ii. 73). This power is said to have been 
given to them by Numa ; and he also entrusted to 
their keeping the books containing the ritual or- 
dinances, together with the obligation to give in- 
formation to any one who might consult them on 
matters of religion. They had to guard against 
any irregularity in the observance of religious rites 
that might arise from a neglect of the ancient 
customs, or from the introduction of foreign rites. 
They had not only to determine in what manner 
the heavenly gods should be worshipped, but also 
the proper form of burials, and how the souls of the 
departed (manes) were to be appeased ; in like 
manner what signs either in lightning or other 
phenomena were to be received and attended to. 
They had the judicial decision in all matters of re- 
ligion, whether private persons, magistrates, or 
priests were concerned, and in cases where the ex- 
isting laws or customs were found defective or in- 
sufficient, they made new laws and regulations 
(decreta pontifwum) in which they always followed 
their own judgment as to what was consistent 
with the existing customs and usages. (Gell. ii. 
28, x. 15.) They watched over the conduct of 
all persons who had anything to do with the 
sacrifices or the worship of the gods, that is, over 
all the priests and their servants. The forms of 
worship and of sacrificing were determined by the 
pontiffs, and whoever refused to obey their injunc- 
tions was punished by them, for they were " rerum 
quae ad sacra et religiones pertinent, judices et 
vindices." (Fest. s, v. Maximus pontifex ; compare 



PONTIFEX. 

Cic. de Leg. ii. 8, 12.) The pontiffs themselves 
were not subject to any court of law or punish- 
ment, and were not responsible either to the senate 
or to the people. The details of these duties and 
functions were contained in books called libri 
pontificii or pontificales, commentarii sacrorum or 
sacrorum pontificalium (Fest s. v. Aliula and 
Occisum), which they were said to have received 
from Numa, and which were sanctioned by Ancus 
Martius. This king is said to have made public 
that part of these regulations which had reference 
to the sacra publica (Liv. i. 32) ; and when at the 
commencement of the republic the wooden tables 
on which these published regulations were written 
had fallen into decay, they were restored by the 
pontifex maximus C. Papirius. (Dionys. iii. 36.) 
One part of these libri pontificales was called Indi- 
gitamenta, and contained the names of the gods as 
well as the manner in which these names were to 
be used in public worship. (Serv. ad Virg. Georg. 

i. 21.) A second part must have contained the 
formulas of the jus pontificium. (Cic. de He Publ. 

ii. 31.) The original laws and regulations con- 
tained in these books were in the course of time 
increased and more accurately defined by the de- 
crees of the pontiffs, whence perhaps their name 
commentarii. (Plin. //. A r . xviii. 3 ; Liv. iv. 3 ; 
Cic. Brut. 14.) Another tradition concerning these 
books stated that Numa communicated to the 
pontiffs their duties and rights merely by word of 
mouth, and that he had buried the books in a 
stone chest on the Janiculum. ( PluL Num. 22 ; 
Plin. H. N. xiii. 27 ; VaL Max. i. 1. 12 ; August 
de Civil. Dei, vii. 34.) These books were found 
in llil a.c, and one half of them contained ritual 
regulations and the jus pontificium, and the other 
half philosophical inquiries on the same subjects, 
and were written in the Greek language. The 
hooks were brought to the praetor urbanus Q. 
Petilius, and the senate ordered the latter half to 
be burnt, while the former was carefully preserved. 
Respecting the nature and authenticity of this 
story, see Hartune, hie Relig. d. Horn. i. p. 214. 
The annates maximi were records of the events of 
each year kept by the pontifex maximus, from the 
commencement of the state to the time of the 
pontifex maximus, P. Mucius Scacvola, fi. c. 
133. 

As to the rights and duties of the pontiffs, it must 
first of all be borne in mind that the pontiffs were 
not priests of any particular divinity, but a college 
which stood above all other priests, and superin- 
tended the whole external worship of the gods. 
(Cic. de Ijeij. ii. I!.) One of their principal duties 
wai tin- regulation '/I" tli'' -.u r.i I.'. til pulilira and 

privata, and to watch that they were observed at 
the proper times (for which purpose the pontiffs 
originally had the whole regulation of the calendar, 
seeCALKNDARM'M, p. 230, tic.), and in their proper 
form. In the management of the sacra publica 
they were in later times assisted in certain per- 
formances by the triumviri epuloncs [Kpulonks], 
and had in their keeping the funds from which 
the expences of the sacra publica were defrayed. 

[8acbjl i 

The pontiffs convoked the assembly of the curies 
(comitia calatn or curiata) in rases when- priests 
were In lie appointed, and tlamin -i or a rex -aero- 
nun were to be inaugurated ; also when wills were 
to be received, and when a di-te.tatio saiTornin and 
adoption by adrngntio took place. (Ocll. v. 19, 



PONTIFEX. 



941 



I xv. 27 ; Adoptio.) Whether the presence of the 
pontiffs together with that of the augurs and two 

■ flamines was necessary in the comitia curiata also 

I in cases when other matters were transacted, as 

I Niebuhr thinks (i. p. 342, ii. p. 223), does not 
appear to be quite certain. The curious circum- 
stance that on one occasion the pontifex maximus 

j was commanded by the senate to preside at the 

' election of tribunes of the people, is explained by 

I Niebuhr (ii. p. 359, &c). 

As regards the jurisdiction of the pontiffs, 

i magistrates and priests as well as private indivi- 
duals were bound to submit to their sentence, pro- 
vided it had the sanction of three members of the 
college. (Cic. de Harusp. Itesp. 6.) In most cases 

l the sentence of the pontiffs only inflicted a fine 
upon the offenders (Cic. Philip, xi. 8 ; Liv. xxxvii. 

I 51, xl. 42), but the person fined had a right to 

' appeal to the people, who might release him from 
the fine. In regard to the Vestal virgins and the 
persons who committed incest with them, the 
pontiffs had criminal jurisdiction and might pro- 
nounce the sentence of death. (Dionys- ix. 40 ; 
Liv. xxii. 57 ; Fcst. s. v. Probrum.) A man who 
had violated a Vestal virgin was according to an 
ancient law scourged to death by the pontifex 
maximus in the comitium, and it appears that 
originally neither the Vestal virgins nor the male 

[ offenders in such a case had any right of appeal. 

I Gbttling (p. 185) considers that they had the 
right of appeal, but the passage of Cicero (de Re 
Publ. ii. 31) to which he refers, does not support 

| his opinion. Incest in general belonged to the 
jurisdiction of the pontiffs, and might be punished 
with death. (Cic. de Leg. ii. 19.) In later times 
we find that even in the case of the pontiffs having 
passed sentence upon Vestal virgins, a tribune in- 
terfered and induced the people to appoint a 
quaestor for the purpose of making a fresh inquiry 
into the case ; and it sometimes happened that 
after this new trial the sentence of the pontiffs 
was modified or annulled. (Ascon. ad Milan, p. 
4G, cd. Orclli.) Such cases, however, seem to have 
been mere irregularities founded upon an abuse 
of the tribunitian power. In the early times the 
pontiffs were in the exclusive possession of the 
civil as well as religious law, until the former was 
made public by C. Flavius. [Actio.] The regu- 
lations which served as a guide to the pontiffs in 
their judicial proceedings, formed a large collection 
of laws, which was called the jus pontificium, and 
formed part of the libri pontificii. (Cic. de Oral. i. 
43, iii. 33, pro Ihnnn, 13 ; compare Ji'.s. pp.656, 
657.) The new decrees which the pontiffs made 
either on the proposal of the sennte, or in cases 
belonging to the sacra privata, or that of private 
individuals, were, as Livy (xxxix. 16) says, in- 
numerable. (Compare Cic. de h-g. ii. 23 ; Ma- 
crob. Sat. iii. 3 ; Dionys. ii. 73.) 

The meetings of the college of pontiffs, to which 
in some instances the flamines and the rex sa- 
crorum were summoned (Cic. de /farus/i. Her],. 6), 
were held in the curia regia on the Via Sacra, to 
which was attached the residence of the pontifex 
maximus anil of the rex uncrnriiiu. (Suet, f '<«•«. Mi ; 
Serv. ml Am. viii. 363 ; 1*1 in. EpiU. iv. 11.) As 
the chief pontiff was obliged to live in n domus 
publica, Augustus, when he assumed this dignity, 
changed part of his own house into n domus puli- 
Ina. (Dion ('a-,, liv. V 7 . ) Ail tin- pontiffs wen: 
in their appearance distinguished by the conic cap 



942 



PONTIFEX. 



PORISTAE. 



called tutulus or galerus, with an apex upon it, and 
the toga praetexta. 

The pontifex maximus was the president of the 
college and acted in its name, whence he alone is 
frequently mentioned in cases in which he must lie 
considered only as the organ of the college. He 
was generally chosen from among the most dis- 
tinguished persons, and such as had held a curule 
magistracy, or were already members of the col- 
lege. (Liv. xxxv. 5, xl. 42.) Two of his especial 
duties were to appoint (capere) the Vestal virgins 
and the flamines [Vestales ; Flamen], and to 
be present at every marriage by confarreatio. 
When festive games were vowed or a dedication 
made, the chief pontiff had to repeat over before 
the persons who made the vow or the dedication, 
the formula with which it was to be performed 
( praeire verba, Liv. v. 40, ix. 46, iv. 27). During 
the period of the republic, when the people exer- 
cised sovereign power in every respect, we find 
that if the pontiff on constitutional or religious 
grounds refused to perform this solemnity, he might 
be compelled by the people. 

A pontifex might, like all the members of the 
great priestly colleges, hold any other military, 
civil or priestly office, provided the different offices 
did not interfere with one another. Thus we find 
one and the same person being pontiff, augur, and 
decemvir sacrorum (Liv. xl. 42) ; instances of a 
pontifex maximus being at the same time consul, 
are very numerous. (Liv. xxviii. 38 ; Cic. de 
Harusp. Resp. 6 ; compare Ambrosch, Studien and 
Andeutungen, p. 229, note 105.) But whatever 
might be the civil or military office which a ponti- 
fex maximus held beside his pontificate, he was 
not allowed to leave Italy. The first who violated 
this law was P. Licinius Crassus, in B. c. 131 
(Liv. Epit. 59 ; Val. Max. viii. 7. 6 ; Oros. v. 
10) ; but after this precedent, pontiffs seem to 
have frequently transgressed the law, and Caesar, 
though pontifex maximus, went to his province of 
Gaul. 

The college of pontiffs continued to exist until 
the overthrow of paganism (Arnob. iv. 35 ; Sym- 
mach. Epit. ix. 128, 129) ; but its power and in- 
fluence were considerably weakened as the em- 
perors, according to the example of Caesar, had 
the right to appoint as many members of the great 
colleges of priests as they pleased. (Dion Cass, 
xlii. 51, xliii. 51, li. 20, liii. 17 ; Suet. Caes. 31.) 
In addition to this, the emperors themselves were 
always chief pontiffs, and as such the presidents of 
the college ; hence the title of pontifex maximus 
(P. M. or PON. M.) appears on several coins of 
the emperors. If there were several emperors at 
a time, only one bore the title of pontifex maxi- 
mus ; but in the year A. D. 238, we find that 
each of the two emperors Maximus and Balbinus 
assumed this dignity. (Capitol. Maxim,, et Balb. 
8.) The last traces of emperors being at the 
same time chief pontiffs are found in inscriptions 
of Valentinian, Valens, and Gratianus. (Orelli, 
Inscript. n. 1117, 1118.) From the time of 
Theodosius the emperors no longer appear in the 
dignity of pontiff ; but at last the title was as- 
sumed by the Christian bishop of Rome. 

There were other pontiffs at Rome who were 
distinguished by the epithet minores. Various 
opinions have been entertained as to what these 
pontifices minores were. Niebuhr (i. p. 302. n. 
775) thinks that they were originally the pontiffs 



of the Luceres ; that they stood in the same re- 
lation to the other pontiffs as the patres minorum 
gentium to the patres majorum gentium ; and that 
subsequently, when the meaning of the name was 
forgotten, it was applied to the secretaries of the 
great college of pontiffs. In another passage (iii. 
p. 411) Niebuhr himself demonstrates that the 
Luceres were never represented in the college of 
pontiffs, and his earlier supposition is contradicted 
by all the statements of ancient writers who men- 
tion the pontifices minores. Livy (xxii. 57 ; 
compare Jul. Capitol. Opil. Macrin. 7), in speak- 
ing of the secretaries of the college of pontiffs, 
adds, " quos nunc minores pontifices appellant ; " 
from which it is evident that the name pontifices 
minores was of later introduction, and that it was 
given to persons who originally had no claims to it, 
that is, to the secretaries of the pontiffs. The 
only natural solution of the question seems to be 
this. At the time when the real pontiffs began to 
neglect their duties, and to leave the principal 
business to be done by their secretaries, it became 
customary to designate these scribes by the name 
of pontifices minores. Macrobius (Sat. i. 15), in 
speaking of minor pontiffs previous to the time of 
Cn. Flavins, makes an anachronism, as he transfers 
a name customary in his own days to a time 
when it could not possibly exist. The number of 
these secretaries is uncertain ; Cicero (de Harusp. 
Resp. 6) mentions the name of three minor pontiffs. 
The name cannot have been used long before the 
end of the republic, when even chief pontiffs began 
to show a disregard for their sacred duties, as in 
the case of P. Licinius Crassus and Julius Caesar. 
Another proof of their falling off in comparison 
with former days, is that about the same time the 
good and luxurious living of the pontiffs became 
proverbial at Rome. (Horat. Carm. ii. 14. 26, &c. ; 
Mart. xii. 48. 12 ; Macrob. Sat. ii. 9.) [L. S.] 
PONTIFICATES LUDI. [Ludi Pontifi- 

CALES.] 

PONTIFI'CIUM JUS. [Jus, pp. 656, 657.] 
POPA. [Caupona ; Sacripicium.] 
POPI'NA. [Caupona.] 
POPULA'RES. [Nobiles, p. 799, b.] 
POPULA'RIA. [Amphitheatrum, p. 88, b.] 
POPULIFU'GIA or POPLIFU'GIA, the 
day of the people's flight, was celebrated on the 
Nones of July, according to an ancient tradition 
preserved by Varro (De Zing. Lot. vi. 18, ed. 
Miiller), in commemoration of the flight of the 
people, when the inhabitants of Ficulea, Fidenae, 
and other places round about, appeared in arms 
against Rome shortly after the departure of the 
Gauls, and produced such a panic that the Romans 
suddenly fled before them. Macrobius (Saturn. 
iii. 2), however, says that the Populifugia was cele- 
brated in commemoration of the flight of the people 
before the Tuscans, while Dionysius (ii. 76) refers 
its origin to the flight of the people on the death of 
Romulus. Niebuhr (Hist, of Rome, vol. ii. p. 
573) seems disposed to accept the tradition pre- 
served by Varro ; but the different accounts of its 
origin given by Macrobius and Dionysius render 
the story uncertain. 

PO'PULUS. [Patricii.] 
PORISTAE (iropuTTai), were magistrates at 
Athens, who probably levied the extraordinary 
supplies. (TlopioTai elcriv apxh T 'S 'ABJlvyo'W, 
^tis tr6povs ef^Tei, Bekker, Anec. p. 294. 19.) 
Antiphon (De C'hor. p. 791, Reiske) classes them 



PORTA. 

with the Poletae and Practores ; and Demosthenes 
(Philip, i. p. 49. 15) joins rut/ xpVf l ° LTU "' Ta/itoi 
(to! iropiarai, from which it would appear that 
they were public officers in his time, although the 
words do not nec-ssarily prove this. (fiockh, 
Publ. Econ. of Athens, p. 166, 2d ed.) 

PORNAE (iro>a<). [Hetaerae.] 

PORPE (7r<Spir7j). [Fibula.] 

PORTA (ttvKti, dim. irvAi's), the gate of a city, 
citadel, or other open space inclosed by a wall, in 
contradistinction to Jaxl'a, which was the door of 
a house or any covered edifice. The terms porta 
and trvK-n are often found in the plural, even when 
applied to a single gate, because it consisted of 
two leaves. (Thucyd. ii. 4 ; Virg. Aen. ii. 330.) 

The gates of a city were of course various in 
their number and position. The ancient walls of 
Paestum, Sepianum, and Aosta, still remain and 
inclose a square : in the centre of each of the four 
walls was a gate. If, instead of being situated on 
a plain, a city was built on the summit of a pre- 
cipitous hill, there was a gate on the sloping de- 
clivity which afforded the easiest access. If, in 
consequence of the unevenness of the ground, the 
form of the walls was irregular, the number and 
situation of the gates varied according to the cir- 
cumstances. Thus Megara had 5 gates (Rein- 
ganum, Megaris, pp. 125, 126) ; Thebes, in Boeo- 
tia, had 7 ; Athens had Ji (Ersch u. Gruber, Encyc. 
s.v. Attica, pp.240, 241) ; and Rome 20, or per- 
haps even more. 

The jambs of the gate were surmounted, 1. by a 
lintel, which was large and strong in proportion to 
the width of the gate : examples of extremely 
massive jambs and lintels are presented by the 
gates in the so-called Cyclopean Walls ; see, for 
instance, the engraving of the celebrated Lion- 
Gate at Mycenae, under Murus, p. 770, b. The 
lintel of the centre gate leading into the Athenian 
Acropolis, is 17 feet long. 2. by an arch, as we 
see exemplified at Pompeii, Paestum, Sepianum, 
Volterra, Suza, Autun, Hezanc,on, and Treves. 3. 
At A r;. in urn, one of the gates now remaining is 
arched, whilst another is constructed with the 
stones projecting one beyond another, after the 
manner represented in the wood-cut, at p. 125. 
(Keppel Craven, Ejccursiont in the Abruzzi, vol. i. 
p. 108.) 

At Como, Verona, and other ancient cities of 
Lombardy, the gate contains two passages close 
together, the one designed for carriages entering, 
and the other for carriages leaving the city. The 
same provision is observed in the magnificent ruin 
of a gate at Treves. (Sec the following woodcut, 
showing n view of it, together with iu plan.) In 
other instances we find only one gate for carriages, 
but a smaller one on each side of it (wapairvXis, 
Ilclindor. viii. p. 394) for foot-passengers. (See 
the plan of the gat - of Pompeii, p. 256.) Each of 
the fine gates which remain at Autun has not 
only two carriage-ways, but exte rior to them two 
sideways for pedestrians. (Millin, Voi/wi? tl'irn 
/<■< fir/mrl'mrus, Kr. vn|. i. rh. 22. Atl.i.% I']. I il. 
Figs, it, 4.) Win n there were no sideways, one 
of the valves of the large gate sometimes contained 
n wicket ( fortuln, iruAi't : jtivoiriiAri), large enough 
to admit a single person. The porter opened it 
when any one wished to go in or out by night. 
(Polyb. viii. 20, 24 ; Lit. xxv. 9.) 

The contrivances for fastening gates were in 
pool the same as those used fur doors [Jam a]. 



PORTA. 943 
but larger in proportion. The wooden bar placed 
across them in the inside (/tox^os) was kept in 
its position by the following method. A hole, 
passing through it perpendicularly (fjaKavoSoic-n, 
Aen. Tact. 18), admitted a cylindrical piece of iron, 
called fiaKavos, which also entered a hole in the 
gate, so that, until it was taken out, the bar could 
not be removed either to the one side or the other. 
(Thucyd. ii. 4 ; Aristoph. Vesp. 200 ; ^eSaXayarai, 
Aves, 1159.) Another piece of iron, fitted to the 
f}d\avos and called fiaAavdypa, was used to ex- 
tract it. (Aen. Tact I c) When the besiegers, for 
want of this key, the fSakavdypa, were unable to 
remove the bar, thev cut it through with a hatchet 
(Thucyd. iv. Ill ; "Polyb. viii. 23, 24), or set it 
on fire. (Aen. Tact. 1 9.) 

The gateway had commonly a chamber, either 
on one side or on both, which served as the resi- 
dence of the porter or guard. It was called ttvKuv 
(Polyb. viii. 20, 23, 24). Its situation is shown 
in the following plan. (See wood-cut.) But the 
gate-way was also, in many cases, surmounted by 
a tower, adapted either for defence (portis turres 
im/iosuit, Cacs. D. G. viii. 9; Virg. Aen. vi. 552 — 
554) or for conducting the general business of go- 
vernment. In the gates of Como and Verona this 
edifice is 3 stories high. At Treves it was 4 
stories high in the Hanks, although the 4 stories 
remain standing in one of them only, as may be 
observed in the annexed wood-cut. The length 




- i - 









Hi- 




9 " 






of this building is 115 feet ; its depth 47 in the 
middle, G7 in the flnnks; its greatest height, 92. 
All the 4 stories are ornamented in everv direc- 
tion with rows of Tuscan columns. The gntewnvs 
are each 14 feet wide. The entrance of each ap- 
pears to have been guarded, as at Pompeii (see 
p. 256), lir«t by a portcullis, and then by gates of 
wood and iron. The barbican, between the double 
portcullis and the pair of gates, was no doubt 
open to the sky, as in the gates nf Pom|ieii. 
This edifice was probably erected by C'onsUuitine. 




944 



PORTICUS. 



PORTORIUM. 



(Wyttenbach's Roman Ant. of Treves, pp. 9 — 39.) 
Its rows of ornamental windows and the general 
style of its architecture, afford sufficient indica- 
tions, that although very strong, it was not intended 
solely, nor principally, for the purposes of defence, 
but to be applied in time of peace to the various 
objects of civil government. To these latter pur- 
poses the gate house {irv\&v) was commonly de- 
voted, more especially in Eastern countries. Hence 
Polybius (xv. 29) calls a building at Alexandria 
tov xpVI J - aTla ' rLK ^ v TuXwya ^aciAei'wj', i. e. 

" the gate-house of the palace, used for the trans- 
action of public business." In the Old Testa- 
ment the references to this custom are very fre- 
quent. By metonymy " the gates " meant those 
who administered justice at the gates and wielded 
the powers of government. (Horn. II. ix. 312 ; 
Matt. xvi. 18.) 

Statues of the gods were often placed near the 
gate, or even within it in the barbican, so as to 
be ready to receive the adoration of those who 
entered the city. (Paus. iv. 33. § 4 ; Lucret. i. 
314 ; Acts, xiv. 13.) The probable position of the 
statue was the point S in the above plan. The 
gate was sometimes much ornamented. Sculp- 
tured elephants, for example, were placed upon 
the Porta Aurea at Constantinople. [J. Y.] 

PORTENTUM. [Prodigiom.] 

PO'RTICUS (o-too), a walk covered with a 
roof, which is supported by columns, at least on 
one side. A porticus was either attached to 
temples and other public buildings, or it was built 
independent of any other edifice. Such shaded 
walks and places of resort are almost indispensable 
in the southern countries of Europe, where people 
live much in the open air, as a protection from the 
heat of the sun and from rain. This was the case 
in ancient times to a much greater extent than at 
present. The porticoes attached to the temples 
were either constructed only in front of them, or 
went round the whole building, and temples received 
different names according to these different porticoes, 
and according to the arrangement of the columns 
of the porticoes. [Templum.] They were origin- 
ally intended as places for those persons to assemble 
and converse in who visited the temple for various 
purposes. As such temple-porticoes, however, were 
found too small or not suited for the various pur- 
poses of private and public life, most of the Greek 
towns had independent porticoes, some of which 
were very extensive, especially in their places of 
public assembly [Agora] ; and as the Greeks, 
in all their public works, soon went beyond the 
limits of mere utility, these public walks were not 
only built in the most magnificent style, but were 
adorned with pictures and statues by the best 
masters. Of this kind were the Poecile (ffroa 
iroiKi\rf) and area fiaolXeios at Athens (Athen. 
xiii. p. 577 ; Paus. i. 3. § 1, &c), and the o-too 
nepcri/cr) at Sparta. (Paus. iii. 11. § 3.) The 
Skias at Sparta, where the popular assemblies 
were held, seems to have been a building of the 
same kind. (Paus. iii. 12. § 8.) In most of these 
stoae, seats [Exkdrae] were placed, that those 
who were tired might sit down. They were fre- 
quented not only by idle loungers, but also by 
philosophers, rhetoricians, and other persons fond 
of intellectual conversation. The Stoic school of 
philosophy derived its name from the circumstance, 
that the founder of it used to converse with his 
disciples in a stoa. The Romans derived their 



great fondness for such covered walks from the 
Greeks ; and as luxuries among them were carried 
in everything to a greater extent than in Greece, 
wealthy Romans had their private porticoes, some- 
times in the city itself, and sometimes in their 
country-seats. In the public porticoes of Rome, 
which were exceedingly numerous and very ex- 
tensive (as that around the Forum and the Campus 
Martius), a variety of business was occasionally 
transacted : we find that law-suits were conducted 
here, meetings of the senate held, goods exhibited 
for sale, &c. (See Pitiscus, Lexicon, s. v. Porticus, 
who has given a complete list of all the porticoes 
of Rome.) [L.S.] 

PORTI'SCULUS (/ceA^o-rfc), an officer in a 
ship, who gave the signal to the rowers, that they 
might keep time in rowing. The same name was 
also given to the pole or hammer, by the striking 
of which he regulated the motion of the oars. 
(Festus, s. v.) The duties of this officer are thus 
described by Silius Italicu3 (vi. 360, &c.) : — 

" Mediae stat margine puppis, 
Qui voce alternos nautarum temperet ictus, 
Et remis dictet sonitum, pariterque relatis 
Ad sonitum plaudat resonantia caerula tonsis." 

This officer is sometimes called Hortator (Ovid, 
Met. iii. 618; Plaut. Merc. iv. 2. 5 ; Virg. A en. 
iii. 128) or Pausarius. (Compare Blomfield, ad 
Aesch. Pers. 403.) 

PORTITO'RES. [Portorium ; Publicani.] 
PORTO'RIUM was one branch of the regular 
revenues of the Roman state, consisting of the 
duties paid on imported and exported goods : 
sometimes, however, the name portorium is also 
applied to the duties raised upon goods for being 
carried through a country or over bridges. (Plin. 
H.N. xii. 31 ; Sueton. Vitell. 14.) A portorium, 
or duty upon imported goods, appears to have 
been paid at a very early period, for it is said that 
Valerius Publicola exempted the plebes from the 
portoria at the time when the republic was threat- 
ened with an invasion by Porsenna. (Liv. ii. 9 ; 
compare Dionys. v. 22.) The time of its intro- 
duction is uncertain ; but the abolition of it as- 
cribed to Publicola can only have been a temporary 
measure ; and as the expenditure of the republic 
increased, new portoria must have been intro- 
duced. Thus the censors M. Aemilius Lepidus 
and M. Fulvius Nobilior instituted portoria etvec- 
tigalia multa (Liv. xl. 51), and C. Gracchus again 
increased the number of articles which had to pay 
portoria. (Veil. Pat. ii. 6.) In conquered places 
and in the provinces the import and export duties, 
which had been paid there before, were generally 
not only retained, but increased, and appropriated 
to the aerarium. Thus we read of portoria being 
paid at Capua and Puteoli on goods which were 
imported by merchants. (Liv. xxxii. 7.) Sicily, 
and above all, Asia furnished to the Roman trea- 
sury large sums which were raised as portoria. 
(Cic. c. Verr. ii. 75, pro Leg. Manil. 6.) In some 
cases, however, the Romans allowed a subject 
nation, as a particular favour, to raise for them- 
selves whatever portoria they pleased in their 
ports, and only stipulated that Roman citizens 
and socii Latini should be exempted from them. 
(Liv. xxxviii. 44 ; Gruter, Inscript. p. 500.) In 
the year 60 B. c. all the portoria in the ports of 
Italy were done away with, by a lex Caecilia 
carried by the praetor Q. Metellus Nepos. (Dion 



PORTORIUM. 

Cass, xxxvii. 51 : Cic. ad Att. ii. 16.) It appears, 
however, that the cause of this abolition was not 
any complaint by the people of the tax itself, but 
of the portitores, i. e. the persons who collected it, 
and who greatly annoyed the merchants by their 
unfair conduct and vexatious proceedings. [Plbli- 
cani.J Thus the republic for a time only levied 
import and export duties in the provinces, until 
Julius Caesar restored the duties on commodities 
imported from foreign countries. (Suet. Caes. 43.) 
During the triumvirate new portoria were intro- 
duced (Dion Cass, xlviii. 34), and Augustus partly 
increased the old import duties and partly insti- 
tuted new ones. The subsequent emperors in- 
creased or diminished this branch of the revenue 
as necessity required, or as their own discretion 
dictated. 

As regards the articles subject to an import 
duty, it may be stated in general terms, that all 
commodities, including slaves, which were im- 
ported by merchants for the purpose of selling 
them again, were subject to the portorium ; 
whereas things which a person brought with him 
for his own use, were exempted from it. A long 
list of such taxable articles is given in the Digest 
(39. tit. 4. 8. 16 ; compare Cic. c. I'err. ii. 72, 74). 
Many things, however, which belonged more to 
the luxuries than to the necessaries of life, such as 
eunuchs and handsome youths, had to pay an 
imjMjrt duty, even though they were imported by 
persons for their own use. (Suet. lie clur. Rhct. 
1 ; Cod. 4. tit. 42. s. 2.) Things which were im- 
ported for the use of the state were also exempt 
from the portorium. But the governors of pro- 
vinces (pmesides), when they sent persons to pur- 
chase things for the use of the public, had to write 
a list of such things for the publicani ( jnrtitores) 
to enable the latter to see whether more things 
were imported than what were ordered (Dig. '.','J. 
tit 4. s. 4) ; for the practice of smuggling appears 
to have been as common among the Romans as in 
modem times. Respecting the right of the porti- 
tores to Bcarch travellers and merchants, see PtJB- 
l.i' a.m. Such goods as were duly stated to the 
portitores were called scripta, and those which 
were not, mwcripta. If goods subject to a duty 
were concealed, they were, on their discovery, con- 
fiscated. (Dig. 39. tic 4. j. 16.) 

Respecting the amount of the import or export 
duties we have but very few statements in the 
ancient writers. In the time of Cicero the por- 
torium in the ports of Sicily was one-twentieth 
(vieerimn) of the value of taxable articles (Cic. 
c. Vrrr. ii. 75) ; and as this was the customary 
rate in Greece (Bockh, I'uU. limn. p. 325, 2d 
edit.), it is probable that this was the average 
sum raised in all the other province*. In the 
times of the emperor! the ordinary rate of the por- 
torium appears to have been the fortieth |iart 
(qundragaima) of the value of imported goods. 
fSnet Vetpat. 1 ; Quintil. Dedam. 3.1°- ; Symmach. 
Bpht. v. 62, 65.) At a late period the exorbitant 
■urn of one -eighth ( win ivi, Cod. 4. tit. 61. a. 7) is 
mentioned as the ordinary import duty ; but it is 
uncertain whether this is the duty for all articles 
of Commerce, or merely for certain things. 

The portorium was, like all other vectigalia, 
fanned out by the censors to the publicani, who 
eaDectcd it through the portitores. [ Vwth.ai.i.v ; 
Pt'HLIfMNl. | ( linrnianii, />■ I'rrtignlihiH fn/.u'i 
Hum. pp. .Ill — 77 ; R. Boss G'ruwhtiyr den l'innii:- 



POSSESSIO. 945 
wesens im Rom. Sinai, Braunschweig 1G03, 2 
vols. ; Hegewisch, Versuch iiber die Worn. Finan- 
zen, Altona, 1804.) [ L. S.] 

PORTUMNA'LIA, or PORTUXA'LIA, a 
festival celebrated in honour of Portumnus, or 
Portunus, the god of harbours. (Varro, De Ling. 
Lat. vii. 19, ed. Miiller.) It was celebrated on 
the 17th day before the Kalends of September. 
(CaJendarium AfaJT.) 

POSCA, vinegar mixed with water, was the 
common drink of the lower orders among the 
Romans, as of soldiers when on service (Spart. 
Hadr. 10), slaves (Plaut. Mil. iii. 2. 23), &c. 

POSEIDO'NIA (mxreiSaW), a festival held 
every year in Aegina in honour of Poseidon. 
(Athen. xiii. p. 588 ; Plut. Qiiaest. Gr. 44.) It 
seems to have been celebrated by all the inhabit- 
ants of the island, as Athenaeus (xiii. p. 590) 
calls it a panegyris, and mentions that during one 
celebration Phryne, the celebrated hctaera, walked 
naked into the sea in the presence of the assem- 
bled Greeks. The festival is also mentioned by 
Thcodoretus (Therap. 7), but no particulars are 
recorded respecting the way in which it was cele- 
brated. (Comp.^iuller, Aeginet. p. 148.) [L. S.] 

POSSK'SSIO. Paulus'(Dig. 41. tit. 2. s. 1) 
observes, * Possessio appellata est, ut ct Labco 
ait, a pedibus *, quasi positio : quia naturaliter 
tenetur ab eo qui insistit." The absurdity of the 
etymology and of the reason are equal. The ele- 
ments of Possidere arc either pot (pot-is), and 
tedere ; or the first part of the word is related to 
apud, and the cognate Greek form of irort (rrpds). 

Possessio, in its primary sense, is the power by 
virtue of which a man has such a mastery over a 
corporeal thing as to deal with it at his pleasure 
and to exclude other persons from meddling with 
it. This condition or power is called Detention, 
and it lies at the bottom of all legal senses of the 
word Possession. This Possession is no legal state 
or condition, but it may be the source of rights, 
and it then becomes Possessio in a juristical or 
legal sense. Still even in this sense, it is not in 
any way to be confounded with Property (prn- 
priclas). A man may have the juristical posses- 
sion of a thing without being the proprietor ; and a 
man may be the proprietor of a thing without hav- 
ing the Detention of it, or even the juristical pos- 
session. (Dig. 41. tit. 2. s. 12.) Owner-hip is the 
I' l' il eapni ity to up. -rat'- mi a thii ace.. riling to a 
man's pleasure and to exclude everybody elite from 
doing so. Possession, in the sense of Detention,, 
is the actual exercise of such a power as the owner 
has a right to exercise. 

Detention becomes juristical possession and the 
foundation of certain rights, when the Detainer 
has the intention {arrnnua) to deal with the thing 
as his own. If he deal with it as the property of 
another, as exercising over it the rights of another, 
he is not said ** possidere" in a juristical tense ; 
but he is said " alieno nomine possidere." This 
is the rase with the Cnmmodntarius and with him 
who holds a deposit. (Dig. 4 1 . tit. 2. s. 1 8, 30. ) 

When the Detention is made n juristical Pos- 
sessio by virtue of the animus it lays the found- 
ation of a right to the Interdicts, and by virtue of 
Usucapion it may Income ownership. The right 
to the Interdicts is simply founded on n juristical 
possession, in whatever way it may have originated, 

• "Sedibu*."— Kd. Flor. 
3 P 



046 



POSSESSIO. 



POSSESSIO. 



except that it must not have originated illegally 
with respect to the person against whom the Inter- 
dict is claimed. [Interdictum.] Simply by 
virtue of being possessor, the possessor has a better 
right than any person who is not possessor. (Dig. 
43. tit. 17. s. 1, 2.) Usucapion requires not only 
a juristical possessio, but in its orgin it must have 
been bona fide and founded on a justa causa, that 
is, on some legal transaction. He who buys a 
thing from a man who is not the owner, but whom 
he believes to be the owner, and obtains possession 
of the thing, is a bona fide possessor with a justa 
causa. [Usucapio.] 

The right which is founded on a juristical pos- 
sessio is a Jus possessionis, or right of possession, 
that is, a right arising from a juristical posses- 
sion. The expression Jus possessionis is used by 
the Roman Jurists. The right to possess, called 
by modern Jurists, Jus possidendi, belongs to the 
theory of Ownership. 

All Juristical Possessio then, that is, Possessio 
in the Roman Law, as a source of rights, has 
reference only to Usucapion and Interdicts ; and 
all the rules of law which treat Possession as a 
thing of a juristical nature have no other object 
than to determine the possibility of Usucapion and 
of the Interdicts. (Savigny, Das Rechi des Besitzes, 
p. 24, &c.) 

In answer to the question to which class of 
Rights Possession belongs, Savigny observes (§ 6 ), 
■ — So far as concerns Usucapion, one cannot sup- 
pose the thing to be the subject of a question. No 
one thinks of asking, to what class of rights a 
justa causa belongs, without which tradition can- 
not give ownership. It is no right, but it is a 
part of the whole transaction by which ownership 
is acquired. So is it with Possession in respect to 
Usucapion. 

The right to Possessorial Interdicts belongs to 
the Law of Obligationes ex maleficiis. " The right 
to possessorial Interdicts then belongs to the Law 
of Obligationes, and therein possession is only so 
far considered, as containing the condition without 
which the Interdicts cannot be supposed possible. 
The Jus Possessionis consequently, that is the 
right, which mere possession gives, consists simply 
in the claim which the Possessor has to the Inter- 
dicts, as soon as his possession is disturbed in a 
definite form. Independent of this disturbance, 
bare possession gives no rights, neither a Jus Obli- 
gationis, as is self-evident, nor yet a right to the 
thing, for no dealing with a thing is to be consi- 
dered as a legal act simply because the person so 
dealing has the possession of the thing." (Savigny, 
p. 34.) 

The term Possessio occurs in the Roman jurists 
in various senses. There is Possessio generally, 
and Possessio Civilis, and Possessio Naturalis. 

Possessio denoted originally bare Detention. 
But this Detention under certain conditions be- 
comes a legal state, inasmuch as it leads to owner- 
ship through Usucapion. Accordingly the word 
Possessio, which required no qualification so long 
as there was no other notion attached to Possessio, 
requires such qualification when Detention becomes 
a legal state. This Detention then, when it has 
the conditions necessary to Usucapion, is called 
Possessio Civilis ; and all other Possessio as op- 
posed to Civilis is Naturalis. But Detention may 
also be the foundation of Interdicts, which notion 
of possession is always expressed by Possessio 



simply; and this is the meaning of Possessio, when 
it is used alone, and yet in a technical sense. As 
opposed to this sense of Possessio all other kinds 
of Detention are also called Naturalis Possessio, 
the opposition between the Natural and the Juris- 
tical Possession (possessio) being here expressed 
just in the same way as this opposition is denoted 
in the case of the Civilis Possessio. There is there- 
fore a twofold Juristical Possessio : Possessio 
Civilis or Possession for the purpose of Usucapion ; 
and Possessio or Possession for the purpose of the 
Interdicts. It follows that Possessio is included 
in Possessio Civilis, which only requires more con- 
ditions than Possessio. If then a man has Pos- 
sessio Civilis, he has also Possessio, that is the 
right to the Interdicts ; but the converse is not 
true. Possessio Naturalis, as above observed, has 
two significations, but they are both negative, and 
merely express in each case a logical opposition, 
that is, they are respectively not Possessio Civilis, 
or Possessio (ad Interdicta). The various expres- 
sions used to denote bare Detention are " tenere," 
" corporaliter possidere," " esse in possessione." 
(Savigny, p. 109.) 

In the case of a thing being pignorated, the per- 
son who pledges it has still the possessio ad usu- 
capionem, but the pledgee alone has the possessio 
ad interdicta. It is not a Possessio Civilis which 
is the foundation of the pledger's title by usu- 
capion ; but by a special fiction he is considered to 
have such Possession, and so the case is a special 
exception to the general rule, " sine possessione 
usucapio contingere non potest." 

Possessio Justa is every Possessio that is not 
illegal in its origin, whether such Possessio be 
mere Detention or Juristical Possessio. The word 
Justa is here used, not in that acceptation in 
which it has reference to Jus Civile and is equiva- 
lent to Civilis or Legitima; but in another sense, 
which is more indefinite and means " rightful " 
generally, that is, not wrongful. The creditor who 
is in possession of a pledge, has a Justa Possessio, 
but not a Civilis Possessio : he has, however, a 
Juristical Possessio, that is, Possessio, and con- 
sequently a right to the Interdicts. The Missio 
in Possessionem is the foundation of a Justa Pos- 
sessio, but, as a general rule, not of a Juristical 
Possessio. Possessio Injusta is the logical opposite 
of Justa, and in the case of Possessio Injusta there 
are three special Vitia possessionis, that is when 
the Possession has originated Vi, Clam, or Precario. 
(Terentius, Eunuch, ii. 3. Hanc tu mild vel vi, 
vel clam, vel precario fac tradas : Dig. 43, tit. 17. 
s. 1, 2.) 

With respect to the causa Possessionis, there 
was a legal maxim : Nemo sibi ipse causam pos- 
sessionis mutare potest, which applies both to 
Civilis and Naturalis Possessio. This rule is ex- 
plained by Savigny by means of Gaius (ii. 52, &c.) 
as having reference to the old usucapio pro herede, 
and the meaning of it was that if a person had once 
begun to possess with any particular causa, he could 
not at his pleasure change such Possessio into a 
Possessio pro herede. ( Savigny, p. 56.) 

A Possessor bonae fidei is he who believes that 
no person has a better right to possess than him- 
self. A Possessor malae fidei is he who knows 
that he has no right to possess the thing. (Savigny, 
p. 84.) 

Besides these various meanings of Possessio, Pos- 
sessor, Possidere, at the bottom of all which lies 



POSSESSIO. 
the notion of Possession in the sense of Detention, I 
there are some other meanings. " To have owner- I 
ship" is sometimes expressed by Possidere, the 
thing, which is the object of ownership, is some- 
times Possessio, and the owner is Possessor. This 
use of the word occurs frequently in the Code and 
Pandect, and also in Cicero, Quintilian, Horace, 
and other writers. But it is remarked by Savigny 
that these meanings of Possidere, Possessio, 4cc, 
always refer to land as their object. The phrase 
" Possessio populi Romani," is applied by Cicero 
to public land, and it is translated by Plutarch 
{Pump. 39), KTrifia tov hr\fiov 'Pwftaiwy. 

Possessio also denotes the relation of a defend- 
ant with respect to a plaintiff. For instance, when 
ownership is claimed, the demand must be against 
a person in possession ; but this does not mean 
that such person must have a juristical possession. 
In a Vindicatio accordingly the plaintiff is called 
Petitor, and the defendant is named Possessor, be- 
cause in fact he has the possession of that which 
the plaintiff claims. The procedure by the Vindi- 
catio was also adapted to the case of an hercditas ; 
and here also the term possessor was applied to 
the defendant. In many cases the possessor was 
really such, and one object of the hcrcditatis pe- 
titio was to recover single things which the de- 
fendant possessed pro herede or pro possessore. 
Hut the term possessor was not limited to such 
cases, for the defendant is called possessor when 
the petitio is not about a matter of possession. lie 
is called Juris possessor, because he refuses to do 
something which the hercs claims of him to do, 
or because he asserts his right to a portion of the 
hcreditas. (Savigny, p. U7.) 

The juristical notion of Possession implies a 
thing which can be the object of ownership : it 
also implies that the Possessor can be no other 
than a person who has a capacity for ownership. 

The notion of possession is such that only one 
person at a time can possess the whole of a thing 
( jilurcs rnnilem rem in solidum possidere non pos- 
ntul). When several persons possess a thing in 
common, so that their possession is mutually limited, 
each in fact possesses only a fractional part of the 
thiii'.', but dues not possess the other parts, and 
thoogfa the division into parts is only ideal, this 
doe., not affect the legal consideration of the matter. 
Persons may also possess the same thing in dif- 
ferent senses, as in the cose of the debtor and his 
creditor who has received from him a pignus. 

Though things incorporeal arc n it strictly ob- 
ject* of possession, yet there is a Juris quasi pog- 
sessio of them, as for instance in the case of scr- 
vitutes. The exercise of a right of this kind is 
analogous to the possession of a corporeal thing : in 
other words, as real possession consists in the exer- 
cise of ownership, so this kind of possession, which 
is fashioned from analogy to the other, consists in 
the exercise of a jus in re or a right which is not 
ownership. In the cose of Possession, it is the 
thini; (corpus) which is possessed, and not the 
property : by analogy then we should not say that 
the icrvitus or the jus in re is pos-ossed. Hut as 
in the case of a jus in re there is nothing to which 
the notion of possession can be attached, while in 
the case of ownership there is the thing to which 
we apply the notion of possession, we arc com- 
pelled to resort to the expression Juris Quasi Pos- 
Mfjj .. by which nothing more is meant than the 
exercise of a jus in re, which exercise has the same 



POSSESSIO. 947 
relation to the jus in re, that proper possession has 
to ownership. (Savigny, p. lb'6.) 

In order to the acquisition of juristical Possessio, 
apprehension and animus are necessary. 'I he ap- 
prehension of a corporeal thing is such a dealing 
with it as empowers the person who intends to 
acquire the possession to operate on the thing to 
the exclusion of all other persons. Actual cor- 
poreal contact with the thing is not necessary to 
apprehension : it is enough if there is some act on 
the part of the person who intends to acquire pos- 
session, which gives him the physical capacity to 
operate on the thing at his pleasure. Thus in the 
case of a piece of ground, he who enters upon part 
is considered to have entered upon the whole. A 
man may acquire possession of what is contained 
in a thing by delivery of the key which gives him 
access to the contents, in the presence of (apttd) 
the thing. The case mentioned in the Digest 
(Dig. 18. tit. 1. s. 74) is that of the key of a 
granary being delivered in sight of the granary 
(apud horrca). The delivery of the key is not a 
symbolical delivery, as some have supposed, but 
it is the delivery of the means of getting at the 
thing. (Compare Lord Ilardwicke's remarks on 
this matter, Ward v. Turner, i Vez.) 

The animus consists in the will to treat as one's 
own the thing that is the object of our apprehen- 
sion. All persons therefore who are legally in- 
competent to will, are incompetent to acquire a 
juristical possession. Infantes and furiosi are 
examples of such persons. If a man has the de- 
tention of a thing, he can acquire the Possessio by 
the animus alone ; for the other condition has 
been already complied with. 

In order that juristical possession may be ac- 
quired, there must always be the animus on the part 
of him who intends to acquire the possession ; but 
the act of apprehension (corpus) may be effected 
by another as his representative, if that other docs 
the necessary acts, and with the intention of ac- 
quiring the possession for the other, and not for 
himself. (Paulus, 8. H. v. tit. 2. 8. 1.) There 
must be a certain relation between the person for 
whom possession is thus acquired and the person 
who acquires it for him, either of legal power (/»- 
tesias), or of agency : the former is the case of a 
slave or Alius familias who obeys a command, and 
the latter is the case of an agent who follows in- 
structions (mundutum). A person, who is already 
the representative of another, and has the Possessio 
of a thing, may by the animus alone cease to have 
the Possessio for himself and have it for that other, 
retaining only the bare detention. 

I'" " -ii., iii.a is the Kight "f Possession, can 
be transferred, without the transfer of ownership. 
In this case of derivative I' -~io the apprehen- 
sion is the same as in the case of acquiring n 
juristical possessio ; but the animus with which 
the thing is apprehended, cannot be the " animus 
domini," but merely tin- "animus possidendi," 
that is, the will to acquire the Jus Pnsscssionis, 
which the Possessor transfers, and nothing more. 
The Detention of a thing mny be- transferred with- 
out the ownership bill the transfer of the deten- 
tion is not always accompanied by a transfer of the 
Jus Possessionis. Then- are three classes into 
which nil acts may be distributed which nre Be* 
rompmcd with a transfer of Detention: I, those 
which are never the foundation of n derivative 
Possessio, "J, those which always are, and .'!, those 
3 P 3 



948 



POSSESSIO. 



POSSESSIO. 



which are sometimes. The First class compre- 
hends such cases as those when the detention of a 
thing is transferred to an agent ( procurator), and 
the case of a Commodatum. [Commodatum.] 
The Second class comprehends the case of the 
Emphyteuta, which is a Possessio, but only a de- 
rivative one, as the Emphyteuta has not the animus 
domini ; it also comprehends the case of the cre- 
ditor who receives the detention of a pignus by a 
contractus pignoris, and with the detention, the Jus 
Possessionis ; but it does not comprehend the case 
of a Pignus praetorium, Pignus in causa judicati 
captum, nor a Pactum hypothecae. In the case of 
a contractus Pignoris, when the thing was deli- 
vered to the creditor, he had Possessio, that is, a 
right to the Interdicts, but not Possessio Civilis, 
that is, the Right of U sucapion. The debtor had 
no Possessio at all, but by virtue of an exception to 
a general rule, the usucapion that had been com- 
menced, still continued. The Third class compre- 
hends Depositum and Precarium. 

The Right of Possession consists in the right to 
the protection of the Interdict [Interdictum], 
and this protection is also extended to Jura in re. 
The relation of the Juris quasi possessio to Pos- 
sessio has been already explained. The objects of 
this Juris quasi possessio are Personal servitutes, 
Real servitutes, and Jura in re which do not 
belong to the class of Servitutes, of which Super- 
ficies is the only proper instance. (Savigny, p. 525.) 
In all the cases of Juris quasi possessio, the ac- 
quisition and the continuance of the right of pos- 
session depend on the corpus and animus ; and the 
animus is to be viewed exactly in the same way 
as in the case of possession of a corporeal thing. 
The exercise of Personal servitutes (particularly 
usus and ususfructus) is inseparable from the 
natural possession of the thing ; and the posses- 
sion of them is consequently acquired in the same 
way as the possession of a corporeal thing. As to 
the Juris quasi possessio of Real Servitutes, there 
are two cases : either he who has a right to the 
Servitus, must do some act, which if he had not 
the right, he might be forbidden to do {servitus 
quae in patiendo co?isisit) ; or the owner of property 
has no right to do some particular thing, which, if 
the right did not exist, he might do (servitus quae 
in non faciendo consistit). As to the first class, 
which may be called Positive Servitutes, the 
acquisition of the Juris quasi possessio consists 
merely in doing some act, which is the object of 
the right, and the doing of this act must be for the 
purpose of exercising the right. (Dig- 8. tit. 6. 
s. 25.) This rule applies to the Jus Itineris, 
Actus, Viae, and others, which are independent of 
the possession of any other property by the person 
who claims the Jus. Such an act as the Jus tigni 
immittendi, or the driving a beam into the wall of 
one's neighbour's house, is a right connected with 
the possession of another piece of property, and the 
possession of this right consists in the exercise of 
it. As to the second class which may be called 
Negative Servitutes, the Juris quasi possessio is 
acquired in consequence of the person whose right 
is thereby limited, attempting to do some act con- 
trary to the right of the person who claims the 
servitus, and meeting with opposition to such act 
and acquiescing in the opposition. (Dig. 8. tit. 5. 
s. 6.) This Juris quasi possessio may also be 
founded on a legal title, that is, on any juristical 
transaction which can give such right. 



Every possession continues so long as the corpus 
and the animus continue. (Savigny, p. 339.) If 
both cease or either of them ceases, the possession 
is gone. (Dig. 41. tit. 2. s. 3. 46.) As to the 
corpus, the possession is lost, when in consequence 
of any event the possessor cannot operate on the 
thing at his pleasure, as before. In the case of 
moveable things, the possession is lost, when an- 
other person has got hold of them, either by force 
or secretly : in the case of immoveable things, it is 
lost when a man has turned another out of the pos- 
session ; but if in the absence of the possessor, an- 
other occupies his land without his knowledge, he 
does not lose the possession till he attempts to ex- 
ercise ownership over the land and is prevented by 
the person then in possession of it, or through fear 
does not attempt to recover his possession. The 
possession thus acquired by the new possessor is a 
violenta possessio. If the former possessor knows 
the fact and acquiesces by doing nothing, he loses 
the possession by the animus alone. In the case 
of possession being lost by animus alone, it may 
be effected either expressly or tacitly ; the only 
thing necessary is that there must be an intention 
to give up the possession. The possession is lost 
corpore et animo, when the possessor gives up a 
thing to another to possess as his own. In the 
case of a Juris quasi possessio, as well as in that 
of Possessio proper, the continuance of the possessio 
depends on the corpus and animus together. 
There can be no Juris quasi possessio withuut the 
animus possidendi ; and if there be merely the 
animus possidendi, the Juris quasi possessio must 
cease. 

Possessio can be lost by means of a person who 
represents the Possessor. Such person may him- 
self acquire the possession by exercising the animus 
possidendi, when it is accompanied with a sufficient 
corporeal act: in the case of moveable things, this 
is furtum ; in the case of immoveable things, it is 
violent dispossession. The possession can be lost 
through the representative, in all cases in which it 
would have been lost by the possessor, if there had 
been no representation. 

In many of the systematic expositions of Roman 
Law, the theory of Possessio is treated as intro- 
ductory to the theory of Ownership (Dominium). 
The view wliich has been here given of it, is also 
not universally acquiesced in, but it is the correct 
view. For instance, Gans in his chapter on Pos- 
session (System dcs Rom. Civilrechts im Grundrisse, 
<£'c.) begins with the two following sections : — 

§ 103. Darstellung der verschiedenen hersch- 
enden Meinungen iiber den Besitz. — Der Besitz 
ist kein blosses Factum, und ensteht nicht als 
Recht, durch den umweg des Unrechts. 

§ 104. Der Besitz als das Eigenthum nach der 
Seite des bloss besonderen willens. — Anfangendes, 
priisumtives Eigenthum. 

Savigny's view on the contrary is briefly this : 
" Possession is" a Fact (Factum), so far as a mere 
factish (unjwristical) relation (detention) is the 
foundation of it. But Possession is also a Right, 
so far as rights are connected with the bare exist- 
ence of the relation of Fact. Consequently Posses- 
sion is both Fact and Right." 

Also — " The only Right arising from bare Pos- 
session is a Right to the Interdicts" — and " the 
Right to the Interdicts is fouuded on the fact of 
the Exercise of Ownership being obstructed wrong- 
fully, as for instance, by force." 



POSSEiSIO. 



POSTLIMINIUM. 



On what ground is bare Possession to be main- 
tained, if it is not a Right ? The answer is, that 
Possession cannot be disturbed except by force, 
and force is not allowed. The fundamental notion 
then is this ; a violent disturbance of Possession is 
an attack on a man*s personality, on his freedom. 

It is shown in the article Agrariae Leges that 
the origin of the Roman doctrine of Possession may 
probably be traced to the Posscssio of the Ager 
Publicus. Possessio, Possessor, and Possidere arc 
the proper technical terms used by the Roman 
writers to express the possession and the enjoy- 
ment of the Public Lands. These terms did not 
express ownership (er jure Quiritium) : they had 
in fact no more relation to ownership than the 
Possessio of which this article treats. Still the 
notion of this kind of use and enjoyment was 
such, that one may easily conceive how the term 
Possessio became applicable to various cases in 
which there was no Quiritarian ownership, but 
something that had an analog)- to it. Thus in the 
case of Damnum infectum, with reference to the 
second missio in possessionem (ex secundo decrelo), 
the Praetor says " possidere jubebo," which is 
equivalent to giving bonitarian ownership with the 
power of usucapion. A ususfructus which could 
only be maintained by the Jus Praetorium, was a 
Possessio ususfructus as opposed to Dominium 
ususfructus. The expressions Hereditatis or bo- 
norum possessio do not mean the actual possession 
of the things, but the peculiar character of the 
Practoria hercditas : for this Bonorum possessio 
has the same relation to the Hercditas that Boni- 
tarian has to Quiritarian ownership. [Dominium ; 
Here*.] Now there is a clear analogy in all 
these instances to the Possessio of the Ager 
Publicus, which consists in this, that in both cases 
an actual exclusive enjoyment of a particular per- 
son to a particular thing is recognized. This will 
also explain how property in provincial ground 
came to be called Posscssio : such property was 
not Quiritarian ownership, but it was a right to 
the exclusive enjoyment of the land, a right which 
the word Possessio sufficiently expressed. Thus 
the name Posscssio was transferred from the Right 
to its Object ; and Ager and Possessio were thus 

njrj 1 . Ager was a j.i.t- "t ;and which was 

the object of Quiritarian ownership, and Possessio 
a piece of land which was cither accidentally an 
object only of Bonitarian ownership, as a fundus 
Italicus of which there had been merely tradition ; 
or it was land that could not be the object of Quiri- 
tarian ownership, such as Provincial land (Javo- 
li-nus. Dig. 50. tit. 1G. s. 115), and the old Ager 
Publicus. 

Other matters relating to PoMessio appear to be 
explained by this view of its historical origin. The 
Interdictum recupcrandae posscssionis relates only 
to land, a circumstance which is consistent with 
the hypothesis of the origin of Posscssio. The 
nature of the Precarium also is explained, when 
we know that it expressed originally the relation 
iM'twi-rn the Patronus and the Cliens who occupied 
the Possessio of the I'ntroim-. a* a tenant at .'.ill 
and could be ejected by the Interdictum dc pre- 
enrio, if he did not quit on notice. Further, we 
may thus explain the apparent inconsistency in the 
case of a lessee of Ager Vectigalis, who though he 
had only a jus in re, had yet juristical Posscssio : 
the Ager Vectigalis was in fact fashioned accord- 
ing to the analogy of the old Ager Publicus, and it 



was a simple process to transfer it to that notion of 
Possessio which had existed in the case of the Ager 
Publicus. [Emphyteusis.] 

This article read in connection with the article 
on the Agrariae Leges, and the Licinian Roga- 
tions [Lex, pp. 693, 694], will give the reader an 
outline of the law of Possession both in relation to 
the Ager Publicus and Privatus. 

The preceding view -of possession is from 
Savigny, Das Recht des Besilzes, fifth ed. 1827. 
There is an analysis of this excellent work by 
Warnkonig, " Analyse du traite" de la possession 
par M. de Savigny, Liege 1824 ;" and a summary 
view of Savigny's Theory is given by Mackeldcy, 
Lefirbuch, <L-e. ii. p. 7. See also Puchta, /n.-t. ii. 
§ 224 ; Gaius, iv. 138—170 ; Inst. 4. tit. 15 ; 
Dig. 41. tit 2, 3 ; 43. tit. 16—23, 26, 31 ; Cod. 
7. "tit. 32 ; 8. tit. 4, 5. 6, 9 ; Cod. Theod. 4. tit. 
22, 23. [G. L.] 

POSSE'SSIO BONORUM. [Boxori m Pos- 
sessio.] 

POSSE'SSIO CLANDESTl'NA. [Inter- 
dictum.] 

POSTI'CUM. [Janua.] 

POSTLIMINIUM, JUS POSTLIMI'NII. 
"There are," says Pomponiii6 (Dig. 49. tit. 15. 
s. 14), "two kinds of Postliminium, for a man 
may either return himself or recover something." 
Postliminium is further defined by Paulus (Dig. 
49. tit. 15. s. 19) to be the "right of recovering a 
lost thing from an extraneus and of its being re- 
stored to its former status, which right has been 
established between us (the Romans) and free peo- 
ple and kings by usage and laws (moribus ac 
legibus) ; for what we have lost in war or even out 
of war, if we recover it, we are said to recover 
postliminio ; and this usage has been introduced 
by natural equity, in order that he who was 
wrongfully detained by strangers, should recover 
his former rights on returning into his own terri- 
tories (in fines ruos)." Again Paulus says, "a 
man seems to have returned Postliminio, when he 
has entered our territory (in fines nostras intra- 
verit) ; as a foundation is laid for a Postliminium 
(sicuti admitlitur*) (?) when he has gone beyond our 
territories (ubi fines nostras exctssit). But if a man 
has come into a state in alliance (sociii) or friend- 
ship with Rome, or has come to a King in alliance 
or friendship with Rome, he appears to have forth- 
with returned by Postliminium, because he then 
first begins to be safe under the name of the Roman 
state." These extracts arc made for the purpose 
of clearing up the Etymology of this word, as to 
which there was a difference of opinion. (Cic. 
Top. 8.) The explanation of Scaevola, as given 
by Cicero, has reference to the etymology of the 
word, post and limen : " what has been lust by us 
and has come to an enemy and as it were has gone 
from its own limen, and then has afterwards ()xtst) 
returned to the same limen, seems to have returned 
by Postliminium." According to this explanation, 
the limen was the boundary or limit within which 
the thing was under the authority of Rome and 
an object of Roman law. A recent writer (Goct- 
timg. Qi vMtktt d§T Hum. Stmitmrj'tuutng, p. I 1 7) 
suggests that Postliminium must be viewed in a 

use ai t" I'miiix-ri nn. 'I In re i» a fanciful 

explanation of the matter by Plutarch (Quarrt. 
Horn. 5) in his answer to the question. Why nre 

* " Sicuti amiltitur," Flnr., Geb. et Spang. 

3 r 8 



950 



POSTLIMINIUM. 



POSTLIMINIUM. 



those who have been falsely reported to have died 
in a foreign land, not received into the house 
through the door, in case of their return, but let 
down through an opening in the roof ? 

If a Roman citizen during war came into the 
power of an enemy, he sustained a diminutio 
capitis maxima, and all his civil rights were in 
abeyance. Being captured by the enemy, he be- 
came a slave ; but his rights over his children, if 
he had any, were not destroyed, but were said to 
be in abeyance (pendere) by virtue of the Jus 
Postliminii : when he returned, his children were 
again in his power : and if he died in captivity, 
they became sui juris. Whether their condition 
as sui juris dated from the time of the captivity or 
of the death, was a disputed matter (Gains, i. 129) ; 
but Ulpian, who wrote after Gaius, declares that 
in such case he must be considered to have died, 
when he was made captive ; and this is certainly 
the true deduction from the premises. In the case 
of a films or nepos being made a captive, the pa- 
rental power was suspended (in suspe?iso). If the 
son returned, he obtained his civic rights and the 
father resumed his parental power ; which is the 
case mentioned in the Digest (49. tit. 15. s. 14). 
As to a wife, the matter was different : the hus- 
band did not recover his wife jure postliminii, but 
the marriage was renewed by consent. This rule 
of law involves the doctrine, that if a husband was 
captured by the enemy, his marriage, if any then 
existed, was dissolved. If a Roman was ransomed 
by another person, he became free, but he was in 
the nature of a pledge to the ransomer, and the 
Jus Postliminii had no effect till he had paid the 
ransom money. 

Sometimes by an act of the state a man was 
given up bound to an enemy ; and if the enemy 
Would not receive him, it was a question whether 
he had the Jus Postliminii. This was the case 
with Sp. Postumius who was given up to the 
Samnites, and with C. Hostilius Mancinus who 
was given up to the Numantines ; but the better 
opinion was that they had no Jus Postliminii (Cic. 
De Or. i. 40, De Off. iii. 30, Top. 8, Pro Cae- 
cina, c. 34 ; Dig. 49. tit. 15. s. 4 ; 50. tit. 7. s. 17) : 
and Mancinus was restored to his civic rights by a 
Lex. (Dig. 50. tit. 7. s. 17.) 

Cicero (Pro Balbo, c. 12) uses the word Postli- 
minium in a different sense ; for he applies it to 
the case of a man who had, by his own voluntary 
act, ceased to be a citizen of a state, and subse- 
quently resumed his original civic rights by Postli- 
minium. 

It appears that the Jus Postliminii was founded 
on the fiction of the captive having never been 
absent from home ; a fiction which was of easy ap- 
plication, for as the captive during his absence 
could not do any legal act, the interval of captivity 
was a period of legal non-activity, which was ter- 
minated by his showing himself again. 

The Romans acknowledged capture in war as 
the source of ownership in other nations, as they 
claimed it in their own case. Accordingly things 
taken by the enemy lost their Roman owners ; but 
when they were recovered, they reverted to their 
original owners. This was the case with land that 
had been occupied by the enemy, and with the fol- 
lowing moveables, which are enumerated by Cicero 
as Res Postliminii (Top. 8), "homo (that is slaves), 
navis, mulus clitellarius, equus, equa quae fraena 
rcciperc solet." ( Compare Festus, s.v. Postliminium.) 



Arms were not Res Postliminii, for it was a maxim 
that they could not be honourably lost. 

The recovery above referred to seems to mean the 
recovery by the Roman state or by the original 
owner. If an individual recaptured from an enemy 
what had belonged to a Roman citizen, it would be 
consistent that we should suppose that the thing 
recaptured was made his own by the act of cap- 
ture ; but if it was a res postliminii, this might 
not be the case. If a thing, as a slave, was 
ransomed by a person not the owner, the owner 
could not have it till he had paid the ransom : but 
it does not appear to be stated how the matter 
was settled, if a Roman citizen recaptured property 
(of the class res postliminii) that had belonged 
to another Roman citizen. This apparent diffi- 
culty may perhaps be solved thus : in time of war 
no Roman citizen could individually be considered 
as acting on his own behalf under any circum- 
stances, and therefore whatever he did was the act 
of the State. It is a remark of Labeo (Dig. 49. 
tit. 15. s. 28), "Si quid bello captum est, in 
praeda est, non postliminio redit ; " and Pomponius 
(Dig. 49. tit. 15. s. 20) states, that if the enemv 
is expelled from Roman lands, the lands return to 
their former owners, being neither considered pub- 
lic land nor praeda ; in making which remark he 
evidently assumes the general doctrine laid down by 
Labeo. Paulus also, in his remark on Labeo's rule 
of law, merely mentions an exception to the rule, 
which is of a peculiar kind. If then anything taken 
in war was booty (praeda), to what did the Jus 
Postliminii apply ? It applied at least to all that 
was restored by treaty or was included in the terms 
of surrender, and slaves no doubt were a very im- 
portant part of all such things as were captured or 
lost in time of war; and they were things that 
could be easily identified, and restored to their 
owners. It also applied to a slave who escaped 
from the enemy and returned to his master. The 
maxim " quae res hostiles apud nos sunt, occu- 
pantium fiunt " (Dig. 40. tit. 1. s. 51) has no 
reference to capture from the enemy, as it some- 
times seems to be supposed. (MUhlenbruch, Dod. 
Panel, p. 242.) 

It may be objected that the explanation of one 
difficulty, that has been already suggested, raises 
another. According to this explanation, if a man 
in time of war recaptured his own slave, it would 
be praeda, and he would not at once recover the 
ownership, as above supposed. The answer is, 
that it may be so, and that this matter of Postli- 
minium, particularly as regards things, waits for a 
careful investigation. As a general ride all move- 
ables belonging to an enemy, which were captured 
by a Roman army, were Praeda, apparently not 
the property of the individual soldier who hap- 
pened to lay his hands on them, but the property 
of the state or at least of the army. Now the 
difficulty is to ascertain whether all moveables so 
taken were Praeda, except Res Postliminii ; or 
whether all things so taken were Praeda, Res 
Postliminii included. In the former case, the 
Res Postliminii would be the property of the 
owner when he could prove them to have been 
his, as in the case mentioned by Livy (v. 16) ; in 
the latter, when a thing had become Praeda, it 
had lost its capacity (if we may so speak) of being 
a Res Postliminii. The distinction here made is a 
fundamental one. The difficulty partly arises 
from the expression of Labeo above quoted, Si 



PRAECINCTIO 
quid &c, where the Florentine reading has been 
followed. But BynkershoL-k (Op.Omn.'\. p. 76) 
amends the reading into Si quod, &c, the propriety 
of which may be doubted. [Praeda.] 

If a man made a will before he was taken cap- 
tive, and afterwards returned, the will was good 
jure postliminii. If he died in captivity, the will 
was good by the Lex Cornelia. The law of 
Postliminium applied to time of peace as well as 
war, when the circumstances were such that the 
person or the thin<r could become the property of 
another nation (Dig. 49. tit. 15. 8. 5), as for 
instance of a nation that had neither an amicitia, 
hospitium, nor a foedus with Rome ; for such 
might be the relation of a nation to Rome, and yet 
it might not be Hostis. A nation was not Hostis, 
in the later acceptation of that term, till the Ro- 
mans had declared war against it, or the nation 
had declared war against Rome. Robbers and 
Pirates were not hostes, and a person who was 
captured by them did not become a slave, and 
therefore had no need of the Jus Postliminii. 
There are some remarks on Postliminium in Walter, 
GeschicJUc des Rom. Redds, p. 50, and the notes, 
1st cd. [G. L.] 

POSTSIGX A'XI. [ Kxerciti s, p. 502, b.] 
PO'STUMUS. [Heres, p. G01,a.] 
POTESTAS. [Patria Potestas.] 
PRA'CTORES (irpaKTopej ), subordinate offi- 
cers (uvojia vTnjpeaias, says Pollux, viii. 1 14) who 
collected the fines and penalties (iiriGoXas and 
rifiiiiiara.) imposed by magistrates and courts of 
justice, and payable to the state. The magistrate 
who imposed the fine, or the ir/f^oiv SiKaarrip'tov, 
gave notice thereof in writing to the vpaxTopes. 
He was then said iiriypaqxiv rb Ti/zij>ia to?s 
■npatcropiTtv, and the debtor's name vapaSoOrivat 
ruts upaKTopatv. If the fine, or any part thereof 
was to go to a temple, the like notice was sent to 
the rajilai of the god or goddess to whom the 
temple belonged. (Acsch. c. Timarch. 5 ; Andoc. 
-//■ Myt. 1 1, cd. Steph. ; Demosth. c. T/teocr. 1 328.) 
The name of the debtor, with the sum which he 
was condemned to pay, was entered by the lrpdK- 
Topts in a tablet in the Acropolis. Hence the 
debtor was said to be tyytypaniiivos r<f h-qixoa'w, 
or i* rfi axpo*6\ft. It was the business of the 
■xp&KToptt to demand payment of this sum, and, if 
they received it, to pay it over to the airoofKTac, 
and nlso to erase the name of the debtor in the re- 
Wgtet (i{a\tl<ptiv or oTaA«i(f>«ii'). Such erasure 
usually took place in the presence of some members 
of the senate. An lyings lay against any man 
who made or caused to be made a fraudulent entry 
or erasure of a debt. (Harpoc. and Suidas, ». p. 
'Aypatplov, 4xoS««cTeu, ^tviiyypa<pr\ : Andoc de 
Af i/nl. 11, ed. Steph. ; Demosth. c. Arittog. 778, 
r. Throe. 1338.) The collectors took no steps to 
enforce payment ; but after the expiration of the 
ninth wpvrartla from the registering of the debt, 
(or in case of a penalty imposed on a ypmph 
vSptus, after the expiration of eleven days), if it 
still remained unpaid, it was doubled, and an entry 
made accordingly. (Acsch. c. Timarch. ed. 
Btopb, ; Demosth. c Pant. 973, c n«r. 1322, 
cNmur. 1317.) Thereupon immediate measures 
might be taken for seizure and confiscation of the 
debtor's goods ; but here the irpixroptf had no 
further duty to perform, except perhaps to give in- 
fannatioa of the default to the senate. [C. H. K.) 
PBABCI'NCTIO. [AMmmiKATRi.*, p. 87. J 



PRAEDA. 951 

PRAECO'XES, criers, were employed for va- 
rious purposes : 1. In sales by auction, they fre- 
quently advertised the time, place, and conditions 
of sale : they seem also to have acted the part of 
the modern auctioneer, so far as calling out the 
biddings and amusing the company, though the 
property was knocked down by the magister auc- 
tions. (Hor. Ars Poet. 419 ; Cic. ad Alt. xii. 40, 
de Of. ii. 23.) [Acctio.] 2. In all public as 
semblies they ordered silence. (Liv. iii. 47 ; Plant. 
Poen. prol. 11.) 3. In the comitia they called 
the centuries one by one to give their votes, pro- 
nounced the vote of each century, and called out 
the names of those who were elected. (Cic. c. 
Verr. v. 15, pro Mil. 35.) They also recited the 
laws that were to be passed. 4. In trials, they 
summoncd the accuser and the accused, the plaintiff 
and defendant. (Suet. Tib. 1 1.) 5. In the public 
games, they invited the people to attend, and pro- 
claimed the victors. (Cic ad Fam. v. 12.) 6. In 
solemn funerals they also invited people to attend 
by a certain form ; hence these funerals were called 
Funera Indictiva. (Festus, s. v. Quirites; Suet. 
Jul. 84.) 7. When things were lost, they cried 
them and searched for them. (Plaut. Merc. iii. 4. 
78 ; Petron. 57.) 8. In the infliction of capital 
punishment, they sometimes conveyed the com- 
mands of the magistrates to the lictors. (Liv. xxvi. 
15.) 

Their office, called praeconium, appears to have 
been regarded as rather disreputable : in the time 
of Cicero a law was passed preventing all persons 
who had been praecones from becoming decuriones 
in the municipia. (Cic. ad Fam. vi. 18.) Under 
the early emperors, however, it became very pro- 
fitable (Juv. iii. 157, vii. C ; Martial, v. 58. 11, 
vi. 8. 5), which was no doubt partly owing to 
fees, to which they were entitled in the courts of 
justice and on other occasions, and partly to the 
bribes which thev received from the suitors, &c 
PR A lid » N I I'M. [Praecones.] 
PRAEDA signifies moveable things taken by 
an enemy in war. Such things were either dis- 
tributed by the Imperator among the soldiers (Liv. 
ii. 42, vi. 13 ; Sail. Jug. 68), or sold by the 
quaestors, and the produce was brought into the 
Aerarium : — • 

" istos captivos duos, 
Here quos cmi de pracda de Quaestoribus." 

(Plant CapU L 2. I.) 

The difference between Pracda and Manubiac 
is explained by Cellius (xiii. 24) to be this: — 
Praeda is the things themselves that are taken in 
war, and Manubiac is ** pecunia per quaestorem 
populi Romani ex praeda vendita contracts :" nor 
can any objection to this- explanation be derived 
from the words of Cicero (</<■ /,<•;/. Ayr. ii. 22). 
When prisoners were sold, they were said to be 
sold u iub corona," the true explanation of which 
expression is probably that given by (icllius (rut 
nutcm alia,A-c. vii. 4). The mode of sale of other 
things than slaves was at first probably in detail, 
but afterwards in the lump, that is, the whole 
praeda might be sold to the highest bidder, or it 
might be »old in large mn.ivi which contained a 
great number of separate things, in which cases 
the whole or the moss would pass to the purchaser 
as a lUUIcniiHL and he might retail it if he chose. 
This mode of sale in the lump was called "scctioncm 
venire," and the purchaser was called sector. It 
3 p 4 



9.52 



PRAEFECTUS ANNONAE. 



PRAEFECTUS PRAETORIO. 



was the practice to set up a spear at such sales, 
which was afterwards used at all sales of things 
by a magistrates in the name of the people. 
[Sectio.] 

Corresponding to the acquisition of moveable 
things in warfare, and their being made private pro- 
perty, is the transfer of Ager publicus, which was 
acquired in war, to individuals by a Lex Agraria 
or de coloniis deducendis or by a sale by the quaes- 
tors (ager quaestorius). [Postliminium.] [G. L.] 
PRAEDIA'TOR. [Praes.] 
PRAEDIATO'RIUM JUS. [Praes.] 
PRAEDIUM. This word originally signified 
according to Varro (L.L. v. 40, ed. MUUer) any 
property which was made a security to the State 
by a Praes : " Praedia dicta, item ut praedes, a 
praestando, quod ea pignori data publice mancupis 
fidem praestent." Subsequently the word was 
limited to signify land generally. In this sense 
Praedia were divided into Rustica and Urbana, 
of which the following definition has been given : 
Rustica are those on which there are no aedes or 
which are in the country (in agro) ; and Urbana 
are those which are in the city and comprise build- 
ings. Those incorporeal things which consisted 
not in the ownership of Praedia, but in certain 
rights with respect to them, were called Jura 
Praediorum. As to a difference in the mode of 
transferring such Jura in the case of Praedia Rus- 
tica and Urbana see Gaius (ii. 29). A Praedium 
which was liable to a servitus was said '" servire," 
and was " a praedium serviens." 

Provincialia Praedia were either stipendiaria or 
tributaria : the former were in those provinces 
which were considered to belong to the Populus 
Romanus ; and the latter in those provinces which 
were considered to belong to the Caesar. (Gaius, 
ii. 21.) [G. L.] 

PRAEFECTU'RA. [Colonia, pp. 313, b, 
319, a.] 

PRAEFECTUS AERA'RII. [Aerarium.] 
PRAEFECTUS ANNO'NAE,the praefect of 
the provisions, especially of the corn-market, was 
not a regular magistrate under the republic, but 
was only appointed in cases of extraordinary 
scarcity, when he had the entire charge of supply- 
ing the capital with provisions, especially with 
corn, and fixed the price at which the latter was 
to be sold. This magistrate was appointed for the 
first time in b. c. 439. (Liv. iv. 12 ; Niebuhr, 
Hist, of Rome, ii. p. 418.) The superintendence 
of the corn-market throughout the whole republic 
was at a later period entrusted to Pompey for a 
period of five years (Dion Cass, xxxix. 9 ; Cic. ad 
Att. iv. 1 ; Liv. Epit. 104) ; and in accordance 
with this example Augustus took the same super- 
intendence upon himself, and commanded that two 
persons, who had been praetors five years before, 
should be appointed every year for the distribution 
of the corn. (Dion Cass. liv. 1 ; curam frumenti 
populo dividundi, Suet. Aug. 37.) Subsequently 
Augustus assigned this duty to two persons of 
consular rank (Dion Cass. Iv. 26, 31) ; but he 
also created an officer under the title of Praefectus 
Annonae, who must be distinguished from the 
above-mentioned officers. This office was a per- 
manent one, and appears to have been only held 
by one person at a time : he had jurisdiction over 
all matters appertaining to the corn-market, and, 
like the Praefectus Vigilum, was chosen from the 
Equites, and was not reckoned among the ordinary 



magistrates. (Dion Cass. lii. 24 ; Dig. 1. tit. 2. 
s. 2. § 33 ; 14. tit. 1. s. 1. § 18. tit. 5. s. 8 ; 48. 
tit. 2. s. 13.) The Praefectus Annonae continued 
to exist till the latest times of the empire : respect- 
ing his duties in later times see Walter, Gesck. 
des Rom. Rechts, § 360, 2d ed. Comp. Frumen- 
tariae Leges. 

PRAEFECTUS AQUA'RUM. [Aquae 
Ductus, p. 1 15, b.] 

PRAEFECTUS CASTRO'RUM, praefect of 
the camp, is first mentioned in the reign of 
Augustus. There was one to each legion. (Veil. 
Pat. ii. 1 19 ; Tac. Ann. i. 20, xiv. 37.) We learn 
from Vegetius (ii. 10) that it was his duty to at- 
tend to all matters connected with the making of 
a camp, such as the vallum, fossa, &c., and also to 
the internal economy of it. 

PRAEFECTUS CLASSIS, the commander of 
a fleet. This title was frequently given in the 
times of the republic to the commander of a fleet 
(Liv. xxvi. 48, xxxvi. 42) ; but Augustus ap- 
pointed two permanent officers with this title, one 
of whom was stationed at Ravenna on the Ha- 
driatic and the other at Misenum on the Tuscan 
sea, each having the command of a fleet. (Suet. 
Aug. 49 ; Veget. iv. 32 ; Tac. Hist. iii. 12.) 
PRAEFECTUS FABRUM. [Fabri.] 
PRAEFECTUS JURI DICUNDO. [Co- 
LONIA, p. 318, b.] 

PRAEFECTUS PRAETO'RIO, was the com- 
mander of the troops who guarded the emperor's 
person. [Praetoriani.] This office was insti- 
tuted by Augustus, and was at first only military, 
and had comparatively small power attached to it 
(Dion Cass. lii. 24, lv. 10 ; Suet. Aug. 49) ; but 
under Tiberius, who made Sejanus commander of 
the praetorian troops, it became of much greater 
importance, till at length the power of these prae- 
fects became second only to that of the emperors. 
(Tac. Ann. iv. 1, 2 ; Aurel. Vict, de Caes. 9.) The 
relation of the praefectus praetorio to the emperor 
is compared to that of the magister equitum to the 
dictator under the republic. (Dig. 1. tit. 11.) From 
the reign of Severus to that of Diocletian, the 
praefects, like the vizirs of the East, had the super- 
intendence of all departments of the state, the 
palace, the army, the finances, and the law ; they 
also had a court in which they decided cases. (Dig. 
12. tit. 1. s. 40.) The office of praefect of the 
praetorium was not confined to military officers ; it 
was filled by Ulpian and Papinian, and other dis- 
tinguished jurists. 

Originally there were two praefects ; afterwards 
sometimes one and sometimes two ; from the time 
of Commodus sometimes three (Lamprid. Commod. 
6), and even four. They were as a regular rule 
chosen only from the equites (Dion Cass. lii. 24 ; 
Suet. Tit. 6 ; Lamprid. Commod. 4) ; but from the 
time of Alexander Severus the dignity of senator 
was always joined with their office. (Lamprid. 
Alex. Sev. 21.) 

Under Constantine the praefects were deprived 
of all military command, and changed into go- 
vernors of provinces. He appointed four such 
praefects : the one, who commonly attended on the 
imperial court, had the command of Thrace, the 
whole of the East, and Egypt ; the second had the 
command of Illyricum, Macedonia, and Greece, 
and usually resided first at Sirmium, afterwards at 
Thessalonica ; the third of Italy and Africa ; the 
fourth, who resided at Treves, of Gaul, Spain, and 



PRAEFECTUS UREI. 



PRAEFECTUS URBI. 



953 



Britain. (Zosimus, ii. 33.) These praefects were 
the proper representatives of the emperor, and 
their power extended over all departments of the 
state : the army alone was not subject to their 
jurisdiction. (Walter, Gesch. des Horn. Itcc/ils, 
§§ 269, 341 ; Gibbon, Decline and Fall, c. 17.) 

PRAEFECTUS SOCIO'RL'M. [Exerci- 
tus, p. 497, b.] 

PRAEFECTUS VI'GILUM. [Exercitvs, 
p. 510, a.] 

PRAEFECTUS URBI, praefect or warden of 
the city, was originally called Custos Urbis. (Ly- 
dus, De Mugistr. i. 34, 38.) The name Praefectus 
Urbi docs not seem to have been used till after 
the time of the Decemvirs. The dignity of Cus- 
tos Urbis, being combined with that of Princeps 
Senatus, was conferred by the king, as he had to 
appoint one of the decern primi as princeps sena- 
tus. (Liv. i. 59, 60 ; Dionys. ii. 12.) The func- 
tions of the custos urbis, however, were not ex- 
ercised except in the absence of the king from 
Rome ; and then he acted as the representative of 
the king ; but whether he also had the right to 
convoke the assembly of the populus, is doubtful, 
but on any emergency he might take such mea- 
sures as he thought proper ; for he had the im- 
pcrium in the city. (Tacit. Annul, vi. 11 ; Liv. 
i. 59, iii. 24.) Romulus is said to have con- 
ferred this dignity upon Dentcr Romulius, Tullus 
Hostilius upon Numa Martius, and Tarquinius 
Supcrbus upon Sp. Lucretius. During the kingly 
period the office of warden of the city was pro- 
bably for life. Under the republic the office and its 
name of custos urbis remained unaltered ; but in 
487 Ii. c. it was elevated into a magistracy, to be 
bestowed by election. (Lydus, De Magirtr. i. 38.) 
The custos urbis was, in all probability, elected by 
the curiae, instead of whom Dionysius (viiL 64) 
mentions the senate. Persons of consular rank 
were alone eligible ; and down to the time of the 
Dccemvirate every praefect that is mentioned occurs 
previously as consul. The only exception is P. 
Lucretius in Livy (iii. 24), whose name, however, 
is proltably wrong. (Niebuhr, ii. p. 120, note 
255.) In the early period of the republic the 
warden exercised within the city all the powers of 
the consuls, if they were absent : he convoked the 
senate (Liv. iii. 9 ; Gell. xiv. 7. § 4), held the 
(■•unit ia (Liv. iii. 24;, and, in times of war, even 
levied civic legions, which wore commanded by him. 

When the office of praetor urbanus was insti- 
tuted, the wardenship of the city was swallowed 
up in it (Lydus Mens. 19, /Jc Mugistr. ii. 6) ; 
but as the Romans were at all times averse to 
dropping altogether any of their old institutions, a 
praefectus urbi, though a mere shadow of the former 
office, was henceforth appointed every year, only 
for the time that the consuls were absent from 
Rome for the purpose of celebrating the Ferine 
Lilinac. This prnefectus had neither the power 
/.I convoking the senate nor the right of spenkiug 
in it ; as in most cases he was a person below the 
senatorial ngc, and was not nppointcd by the 
people, but by the consuls. (Gell. xiv. 8.) Win n 
Varro, in the passage of Gcllius here referred to, 
claims for the prnefectus urbi the right of con- 
voking the senate, he is probably speaking of the 
power of the praefect such as it wan previously to 
the institution of the office of praetor urbanus. 
( >f linw little importance the office of praefect of 
the city had gradually become, may be inferred 



from the facts, that it was always given to young 
men of illustrious families (Tacit. Annul, iv. 36), 
and that Julius Caesar even appointed to it several 
youths of equestrian rank under age. (Dion Cass, 
xlix. 42, xliii. 29, 48.) During the empire such 
praefects of the city continued to be appointed so 
long as the Feriae Latinae were celebrated, and 
were even invested with some kind of jurisdiction. 
(Tacit. Annul, vi. 11 ; Suet. Aero, 7, Claud. 4 ; 
Dion Cass. liv. 17 ; J. Capitol. Antonin. Phil. 4.) 
On some occasions, however, no praefectus urbi 
was appointed at all ; and then his duties were 
performed by the praetor urbanus. (Dion Cass, 
xli. 14, xlix. 16 ; comp. Becker, Handb. dcr Rum. 
Altcrtli. vol. ii. pt. ii. p. 146.) 

An office very different from this, though bear- 
ing the same name, was instituted by Augustus on 
the suggestion of Maecenas. (Dion Cass. Iii. 21 ; 
Tacit. /. c. ; Suet. Aug. 37.) This new praefectus 
urbi was a regular and permanent magistrate, 
whom Augustus invested with all the powers 
necessary to maintain peace and order in the city. 
He had the superintendence of butchers, bankers, 
guardians, theatres, &.c. ; and to enable him to 
exercise his power, he had distributed throughout 
the city a number of milites stationarii, whom we 
may compare to a modern police. He also had 
jurisdiction in cases between slaves and their 
masters, between patrons and their freed men, and 
over sons who had violated the pietas towards 
their parents. (Dig. 1. tit. 12. s. 1. § 5 — 14 ; 
37. tit. 15. s. 1. §2.) His jurisdiction, however, 
became gradually extended ; and as the powers of 
the ancient republican praefectus urbi had been 
swallowed up by the office of the praetor urbanus, so 
now the power of the praetor urbanus was gradu- 
ally absorbed by that of the praefectus urbi ; and 
at last there was no appeal from his sentence, ex- 
cept to the person of the princeps himself, while 
anybody might appeal from a sentence of any 
other city magistrate, and, at a later period, even 
from that of a governor of a province, to the tri- 
bunal of the praefectus urbi. (Vopisc. Florian. 5, 
6 ; Suet, Aug. 33 ; Dion Cass. Iii. 21, 33 ; Dig. 
4. tit. 4. s. 38.) His jurisdiction in criminal mat- 
ters was at first connected with the quacstioncs 
(Tacit. Annul, xiv. 41, with the note of Lipsius) ; 
but from the third century he exercised it alone, 
and not only in the city of Rome, but at a distance 
of one hundred miles from it, and he might sen- 
tence a person to deportntio in insulnm. (Dig. 1, 
tit. 12. s. 1. § 3 and 4.) During the first period 
of the empire and under good emperors, the office 
was generally held for a number of years, and in 
many cases for life (Dion Cass. Hi. 21, 24, 
lxxviii. 14 ; J. Capitol. Anlonin. J'ius, 8 ; Lnm- 
prid. Cammed. 14 ; Vopisc. 'Carin. 16) ; but from 
the time of Valerian a new praefect of the city oc- 
curs almost every year. 

At the time when Constantinople was made the 
second capital of the empire, this city also received 
its praefectus urbi. The praefects at this time 
were the direct representatives of the emperors, 
and all the other officers of the administration of 
the city, all corporations, and all public institu- 
tiniH, were miili-r tlu ir control. (Cod. 1. tit. 28. 
s. 4 ; Symmoch. Kpitt. x. 37, 43 ; Cassiod. Ya- 
rmr. \i. 4.) They also exercised n superinten- 
dence over the importation and the prices of pro- 
visions, though these subjects were under the more 
immediate regulation of other officers. (Cod. 1. 



954 



PRAEJUDICIUM. 



PRAES. 



tit. "28. s. 1 ; Orelli, Inscript. n. 311 6.) The prae- 
fects of the city had every month to make a report 
to the emperor of the transactions of the senate 
(Symmach. Epist. x. 44), where they gave their 
vote before the consulares. They were the medium 
through which the emperors received the petitions 
and presents from their capital. (Symmach. Epist. 
x. 26. 29, 35 ; Cod. 12. tit. 49.) At the election 
of a pope the praefect of Rome had the care of all 
the external regulations. (Symmach. Epist. x. 
71—83.) [L.S.] 
PRAE'FICAE. [Funus, p. 558, b.] 
PRAEFU'RNIUM. [Balneab, p. 192, b ; 
Fornax.] 

PRAEJUDI'CIUM. This word, as appears 
from its etymology, has a certain relation to Judi- 
cium, to which it is opposed by Cicero (Divinat. 4) : 
" de quo non praejudicium, sed plane jam judicium 
factum." The commentator, who goes under the 
name of Asconius, observes on this passage, that a 
praejudicium is something, which when established 
becomes an exemplum for the judices (judicaturi) 
to follow ; but this leaves us in doubt whether 
he means something established in the same cause, 
by way of preliminary inquiry, or something estab- 
lished in a different, but a like cause, which would 
be what we call a precedent. Quintilian {Inst, 
Orat. v. 1. 2) states that it is used both in the sense 
of a precedent, in which ca.se it is rather exemplum 
than praejudicium (res cx paribus causis judicatae) ; 
and also in the sense of a preliminary inquiry and 
determination about something which belongs to 
the matter in dispute (judiciis ad ipsam causam 
pertinentibus), from whence also comes the name 
Praejudicium. This latter sense is in conformity 
with, the meaning of Praejudiciales Actiones or 
Praejudicia in which there is an Intentio only and 
nothing else. (Gaius, iv. 44.) These accordingly 
were called Praejudiciales Actiones which had for 
their object the determination of some matter, 
which was not accompanied by a condemnatio. 
" A praejudicium is an actio, which has not any 
condemnatio as a consequence, but only a judicial 
declaration as to the existence of a legal relation. 
The name of this kind of actions comes from the 
circumstance that they serve as preliminary to 
other and future actions. All these Actiones are 
in rem, that is, they avail not exclusively against a 
determinate person who owes a duty, like actions 
which are founded on Obligationes." (Savigny, 
Si/stem, &c. vol. i. p. 356.) For instance, the ques- 
tion might be, Whether a man is a father or not, or 
Whether he has a Potestas over his child : these 
were the subject of Praejudiciales Actiones. If a 
father denied that the child who was born of his 
wife, or with which she was then pregnant, was 
his child, this was the subject of a " Praejudicium 
cum patre de partu agnoscendo." If a Judex 
should have declared that the child must be main- 
tained by the reputed father, there must still be 
the Praejudicium to ascertain whether the reputed 
father is the true father. If it was doubtful 
whether the mother was his wife, there must be 
a praejudicium on this matter before the praeju- 
dicium de partu agnoscendo. These praejudical 
actions then, were, as it appears, actions respecting 
Status ; and they were either Civiles or Praetoriae. 
It was a Civilis Actio when the question was as 
to libertas ; the rest seem to have been Praetoriae 
Actiones. Quintilian makes a third class of Praeju- 
d:cia, " cum <fc eadem causa pronuntiatum est," &c. 



Sometimes Praejudicium means inconvenience, 
damage, injury, which sense appears to arise from 
the notion of a thing being prejudged, or decided 
without being fairly heard ; and this sense of the 
word seems to be very nearly the same in which 
it occurs in our law in the phrase " without pre- 
judice to other matters in the cause." 

(Gaius, iii. 123, iv. 44 ; Dig. 25. tit. 3 ; Dig. 22. 
tit. 3. s. 8 ; Dig. 43. tit. 30. De liberis exhibendis ; 
Inst. 4. tit. 6. s. 13 ; and Theophilus, Paraph: ad 
Inst. 4. tit. 6. s. 1 3.) [G. L.] 

PRAELU'SIO. [Gladiatores, p. 575, a.] 

PRAENO'MEN. [Nomen.] 

PRAEPETES. [Augur, p. 175, b.] 

PRAEPO'SITUS, which means a person 
placed over, was given as a title in the later times 
of the Roman empire to many officers : of these 
the most important was the Praepositus Sacri Cu- 
biadi, or chief chamberlain in the emperor's palace. 
(Cod. 12. tit. 5 ; Cod. Theod. 6. tit. 8.) Under 
him was the Primicerius, together with the Cubi- 
cularii and the corps of Silentiarii, commanded by 
three decuriones, who preserved silence in the in- 
terior of the palace. (Cod. 12. tit. 16 ; Walter, 
Gesch. des Rom. Iiechts, § 340, 2d ed.) 

PRAEROGATI'VA. [Compi-ia, pp. 338, b, 
339, b.] 

PRAES. If we might trust a definition by 
Ausonius (Idyll, xii. 9), he was called Vas who 
gave security for another in a Causa Capitalis ; and 
he who gave security for another in a civil action 
was Praes. But this authority cannot be trusted, 
and the usage of the words Vas and Praes was 
certainly not always conformable to this definition. 
According to Varro (Ling.Lat. vi. 74, ed. Miiller), 
any person was Vas, who promised Vadimonium for 
another, that is, gave security for another in any 
legal proceeding. Festus (s. v. Vadem) says that 
Vas is a Sponsor in a res capitalis. If Vas is genus, 
of which Vas in its special sense, and Praes are 
species, these definitions will be consistent. (Comp. 
Sallust. Jug. 35, 61 ; Horat. Sat. i. 1. 11, and 
Heindorf's note.) Under Manceps Festus re- 
marks, that Manceps signifies him who buys or 
hires any public property (qui a populo emit con- 
ductive), and that he is also called Praes because 
he is bound to make good his contract (praestare 
quod promisit), as well as he who is his Praes. 
(See also Varro, I. c.) According to this, Praes is 
a surety for one who buys of the state, and so called 
because of his liability (praestare). But the 
etymology at least is doubtful, and we are inclined 
to think, false. The passage of Festus explains a 
passage in the Life of Atticus (C. Nep. 6), in which 
it is said that he never bought anything at public 
auction (ad hastam publicam) and never was either 
Manceps or Praes. A case is mentioned by Ge!~ 
lius (vii. 19) in which a person was committed to 
prison who could not obtain Praedes. The goods 
of a Praes were called Praedia (Pseudo-Ascon. in 
Verr. ii. 1. 54), and in Cicero (I. c.) and Livy (xxii. 
60) " praedibus et praediis " come together. The 
phrase " praedibus cavere," to give security, occurs 
in the Digest (10. tit. 3. s. 6), where some editions 
have " pro aedibus cavere." (See the various read- 
ings ed. Gebauer and Spangenberg. ) The phrase 
" praedes vendere " means to sell, not the praedes 
properly so called, but the things which are given 
as a security. 

Praediatores are supposed by Brissonius to be the 
same as Praedes (Cic. pro Balb. c. 20, ad Alt. xii, 



PRAE5CRIPTI0. 



PRAESCRIPTIO. 955 



14, 17 ; Sueton. Claud, c. 9 ; VaL Max. viiL 12), 
at least so far as they were sureties to the State. 
But praediator is defined by Gaius (ii. 61) to be 
one " who buys from the people," and from the 
context it is clear that it is one who buys a Prae- 
dium, which is further defined to be a thing pledged 
to the populu3 " res obligata populo." The Prae- 
diator then is he who buys a Praedium, that is, a 
thing given to the populus as a security by a 
Praes ; and the whole law relating to such matters 
was called Jus Praediatorium. [G. L.] 

PRAESCRPPTIO, or rather TEMPOKIS 
PRAESCRIPTIO, signifies the Exceptio or an- 
swer which a defendant has to the demand of a 
plaintiff, founded on the circumstance of the lapse 
of time. The word has properly no reference to 
the plaintiff's loss of right, but to the defendant's 
acquisition of a right by which he excludes the 
plaintiff from prosecuting his suit. This right of 
a defendant did not exist in the old Roman law. 
When the Praetors gave new actions by their 
Edict, they attached to them the condition that 
those actions must be brought within a year ( intra 
annum judicium dnlm), that i3 a year from the time 
when the right of action accrued. These actions 
then were exceptions from the old rule, that all 
actioncs were pcqictuae. This rule became ex- 
tended by the Longi temporis praescriptio, which 
established that in actions about ownership, or 
jura in re, ten, or in some cases twenty years, 
would give a praescriptio, when the Possessor 
could show that he had complied with the main 
conditions of Usucapion, without having acquired 
ownership by Usucapion, for if he had, he had 
no need of any Exceptio. This rule was further 
extended by Constantino, and a period of 30 or 
40 years, for it seems that the time was not 
quite settled, was to be considered as sufficient 
for a praescriptio, though the defendant had not 
complied with the conditions of Usucapion. A 
general constitution was made by Thcodosius, 
A. D. 424, which with some variations appears in 
both the Codes (Cod. Theod. 4. tit. 14 ; Cod. 7. 
tit. 39. a. 3) ; and it enacted that, as in the case 
of the actioncs already mentioned, there should be 
i <> Ii> nditatis petitio after 30 years, and that after 
the same time no personal action should be brought. 
The actio finium regundorum was excepted, and 
also the action of a creditor for his pignus or hypo- 
theca against the debtor, but not against others. 
Praejudiciales actioncs as to Status are not enume- 
rated among those against which there was a 
Praescriptio, but they seem to be included in the 
general words of the law. Justinian, by a con- 
stitution of the year 530 (Cod. 7. tit. JO. s. 1), 
established the general rule of 30 years for all 
actions, with thcexception of the actio hypothecaria, 
for which he required 40 years. His constitution 
enumerates the following actions to whiih the 
pmesrriptio of 30 years would apply : Knniiline 
BOtMCtindae, Communidividundo, Kinium regundo- 
RUB, I'm Socio, Kurli et Vi liounriitn Kaptorum ; 
and it adds, "ncque nlterius ciijusruiique perso- 
nals actio vitam longiorem esse triginta nnnis, ice, 
Md 83 quo ab initio competit, et semel nnUt est, 
\v., post memonitum tempos tiniri." It thus ap- 
pears that all actions were originally perpetuae, 
that is, the right of action continued without any 
interruption from the lapse of time ; then some 
were made subject to I'mescriptio, and finally all 
wcru made so. In consequence of this change the 



term Perpetuae, originally applied to actions that 
were not subject to praescriptio, was used to signify 
an actio in which 30 years were necessary to give 
a Praescriptio, as opposed to actiones in which the 
right to a Praescriptio accrued in a shorter time. 
(Inst. 4. tit. 12.) 

The conditions necessary to establish a Prae- 
scriptio were, 1. Actio Nata, fur there must be a 
right of action in order that a praescriptio may 
have an origin, and the date of its origin must be 
fixed by the date of the right of action. 2. There 
must be a continuous neglect on the part of the 
person entitled to bring the action, in order that 
the time of the Praescriptio may be reckoned 
uninterruptedly. 3. Bona fides was not a neces- 
sary ingredient in a Praescriptio, as such, because 
it was the neglect of the plaintiff which laid the 
foundation of the Praescriptio. But the longi tem- 
poris praescriptio was made like to Usucapion as 
to its conditions, of which bona fides was one. 
Justinian (Cod. 7. tit. 39. s. H) required a bona 
fides in the case of a thirty year Praescriptio, but 
this was no new rule except so far as the Pos- 
sessor claimed the benefit of Usucapio ; and as the 
longi temporis praescriptio, as an independent rule 
of law, disappeared from the legislation of Justinian, 
the bona fides as a condition of praescriptio went 
with it. 4. The lapse of time, which was 30 years ; 
but to this there were many exceptions. 

The sources on the subject of Praescriptio are 
referred to in Brinkmann's Inslitutiones Juris 
Uomani, and Muhlcnbruch's Doclrina Pandecta- 
rum, % 261, and § 4U1, on the distinction being 
ultimately abolished between Praescriptio and 
Usucapio ; Savigny, .System des /ieulu/cn li'um. 
Uec/its, vol. v., from whom this outline is taken. 
See also Usi'capio. 

Praescriptio had a special sense in Roman plead- ' 
ings, which Gaius has explained as existing in his 
time (iv. 130). These Praescriptiones were pro 
actore, and not pro reo ; and an example will ex- 
plain the term. It often happens that an obligatio 
is such that a man is bound to another to do cer- 
tain acts at certain times, as for instance, yearly, 
half yearly, or monthly. The payment of in tercet 
on money would be an example. At the close of - 
any of these certain periods, the party to whom 
the obligatio was due, might sue for what was 
due, but not for what was not due, though an ob- 
ligatio was contracted as to future time. When 
a debt had become due in consequence of an 
obligatio, there was said to he a Pra statio, or it 
was said, "aliquid jam praestari oportet:" when 
the obligatio existed, but the Praestatio was not 
due, it was "futura praestatio," or it was said, 
" praestatio adhuc nulla est" If then the plaintiff 
wished to limit his demand to what was due, it 
was necessary to use the following Praescriptio: 
•■ Ba tM ■gator cujusrei dies fuit," (Compare Cic. 
<!•■ Or. i. '.ii.) The name of Praescriptiones, ob- 
serves Gains, is manifestly derived from the cir- 
cumstance of their being prefixed (praescrihuutur) 
to the formulae, that if, they came before the In- 
tentio. In the time of Gums the- Prnrscriplioncs 
wen; only u»ed by the mtor ; but formerly they 
were used nlso in favour of a defendant (reus), 
as in the following instance : " Ea res ngntur quod 
prnrjiidicium hereditati ii' ii fiat," which in the 
time of Gains was turned >nto a kind of exceptio 
or answer, when the |>etit> r hereditaria, by using 
a dilferent kind of nctio, m prejudging the que*- 



956 



PRAETOR. 



PRAETOR. 



tion of the hereditas (cum petitor, Sc. . . . pracju- 
dicium hereditati facial). Compare Gaius Dig. 
)0. tit. 2. s. 1 ; and see Praejudicium). 

Savigny shows that in the legislation of Jus- 
tinian, Praescriptio and Exceptio are identical and 
that either term can be used indifferently. He 
observes that the Praescriptiones which in the old 
form of procedure were introduced into the formula 
for the benefit of the defendant, were properly Ex- 
ceptiones, and it was merely an accident that cer- 
tain Exccptiones were placed before the intentio 
instead of being placed at the end of the formula, 
as was the usual practice. Subsequently, as ap- 
pears from Gaius, only the Praescriptiones pro 
actore were prefixed to the formula ; and those 
pro reo were placed at the end, and they retained, 
though improperly, the name of Praescriptiones. 
Thus Exceptio and Praescriptio came to be used as 
equivalent terms, a circumstance to which the disuse 
of the Ordo judiciorum contributed. Yet in the 
case of particular exceptiones, one or other of the 
names was most in use, and the indiscriminate 
employment of them was an exception to the 
general rule. The prevalence of one or the other 
name in particular cases is easily explained : thus, 
the Doli and Rei Judicatae Exceptiones were al- 
ways at the end of the Formula, and the Temporis 
and Fori Praescriptiones in earlier times were 
placed at the beginning. Savigny adds that in 
modern times Praescriptio has acquired the sense 
of Usucapion, but this is never the sense of the 
word Praescriptio in the Roman law. Though 
Exceptio and Praescriptio came to be used as 
equivalent, yet neither Exceptio nor Praescriptio 
is used in the sense of Temporis praescriptio with- 
out the addition of the words Temporis, Temporalis, 
triginta annorum, &c. (Savigny, System, &c. iv. 
•309, v. 163.) [G.L.] 

PRAESES. [Provincia.] 

PRAESUL. [Salii.] 

PRAETE'RITI SENATO'RES. [Sen-atus.] 

PRAETEXTA. [Toga.] 

PRAETOR. According to Cicero (de Leg. iii. 3) 
Praetor was a title which designated the consuls 
as the leaders of the armies of the state ; and he 
considers the word to contain the same elemental 
parts as the verb praeire. The period and office of 
the command of the consuls might appropriately be 
called Praetorium. (Liv. viii. 11.) Praetor was 
also a title of office among the Latins : and it is 
the name which Livy gives to the strategus of the 
Achaeans. 

The first praetor specially so called was ap- 
pointed in the year B. c. 366, and he was chosen 
only from the Patricians, who had this new office 
created as a kind of indemnification to themselves 
for being compelled to share the consulship with 
the Plebeians. (Liv. vi. 42, vii. 1.) No Plebeian 
praetor was appointed till the year B. c. 337. The 
Praetor was called collega consulibus, and was 
elected with the same auspices at the Comitia 
Centuriata. The consuls were elected first, and 
then the praetors. (Liv. xlv. 44.) 

The Praetorship was originally a kind of third 
consulship, and the chief functions of the praetor 
(jus in urbe dicere, Liv. vi. 42 ; jura reddere, Liv. 
■vii. 1) were a portion of the functions of the con- 
suls, who according to the passage of Cicero above 
referred to, were also called judices a judicando. 
The praetor sometimes commanded the armies of 
the state ; and while the consuls were absent with | 



the armies, he exercised their functions within the 
city. He was a Magistratus Curulis and he had 
the Imperium, and consequently was one of the 
Magistratus Majores : but he owed respect and 
obedience to the consuls. (Polyb. xxxiii. 1.) His 
insignia of office were six lictors, whence he is 
called by Polybius rrytfihv or aTparriybs e^cnreAe- 
kvs, and sometimes simply e^aireAtKvs. Plutarch 
(Sulla, 5) uses the expression (TTpaTriyia. tvoKltikt). 
At a later period the Praetor had only two lictors 
in Rome. (Censorinus, c. 24.) The praetorship 
was at first given to a consul of the preceding year 
as appears from Livy. L. Papirius was praetor 
after being consul. (Liv. x. 47.) 

In the year b. c. 246 another Praetor was ap- 
pointed, whose business was to administer justice 
in matters in dispute between peregrini, or pere- 
grini and Roman citizens ; and accordingly he was 
called Praetor Peregrinus. (Dig. 1. tit. 2. s. 28.) 
The other Praetor was then called Praetor Urbanus 
" qui jus inter cives dicit," and sometimes simply 
Praetor Urbanus and Praetor Urbis. The two 
Praetors determined by lot which functions they 
should respectively exercise. If either of them 
was at the head of the army, the other performed 
all the duties of both within the city. Some- 
times the military imperium of a Praetor was pro- 
longed for a second year. When the territories of 
the state were extended beyond the limits of 
Italy, new praetors were made. Thus two prae- 
tors were created B. c. 227, for the administration 
of Sicily and Sardinia, and two more were added 
when th» two Spanish provinces were formed B. c. 
197. When there were six praetors, two stayed 
in the city, and the other four went abroad. 
(Liv. xlv. 44). The Senate determined their 
provinces, which were distributed among them by 
lot. (Liv. xxxii. 27, 28.) After the discharge of 
his judicial functions in the city, a Praetor often 
had the administration of a province with the title 
of Propraetor, and sometimes with the title of Pro- 
consul. Sulla increased the number of Praetors 
to eight, which Julius Caesar raised successively to 
ten, twelve, fourteen, and sixteen. (Dion Cassius, 
xlii. 51, xliii. 51, and the notes of Reimarus.) 
Augustus after several changes fixed the number 
at twelve. Under Tiberius there were sixteen. 
Two praetors 1 were appointed by Claudius for mat- 
ters relating to Fideicommissa, when the business 
in this department of the law had become con- 
siderable, but Titus reduced the number to one ; 
and Nerva added a Praetor for the decision of 
matters between the Fiscus and individuals. 
" Thus," says Pomponius, speaking of his own 
time, " eighteen praetors administer justice (jus 
dicunt) in the State." (Dig. 1. tit. 2. s. 34.) M. 
Aurelius, according to Capitolinus (M. Ant. c. 10), 
appointed a Praetor for matters relating to tutela, 
which must have taken place after Pomponius 
wrote. [Pandectae.] The main duties of the 
Praetors were judicial, and it appears that it was 
found necessary from time to time to increase their 
number, and to assign to them special departments 
of the administration of justice. 

Sometimes, extraordinary duties were imposed 
on them, as in the case of the Praetor Peregrinus 
(B.C. 144) who was commissioned by a Senatus- 
consultum to look after the repair of certain aque- 
ducts and to prevent the improper use of the water. 
(Frontinus, De Aquaedutf, lib. 1.) 

The Praetor Urbanus was specially named 



PRAETORIANI. 

Praetor, and he was the first in rank. His duties 
confined him to Rome, as is implied by the name, 
and he could only leave the city for ten days at a 
time. It was part of his duty to superintend the 
Ludi Apollinares. He was also the chief magis- 
trate for the administration of justice, and to the 
Edicta of the successive praetors the Roman Law 
owes in a great degree its developement and im- 
provement. Both the Praetor Urbanus and the 
Praetor Peregrinus had the Jus Edicendi (Gaius, 
i. 2), and their functions in this respect do not ap- 
pear to have been limited on the establishment of 
the imperial power, though it must have been 
gradually restricted a3 the practice of Imperial 
Constitutions and Rescripts became common. [ Edic- 
TBM.] The limits of these two praetors'' adminis- 
tration were expressed by the term Urbanae Pro- 
vinciae. 

The chief judicial functions of the Praetor in 
civil matters consisted in giving a judex. [Judex.] 
It was only in the case of Interdicts, that he de- 
cided in a summary way. [ I NT er dictum. J Pro- 
ceedings before the praetor were technically said 
to be in jure. 

The Praetors also presided at trials of criminal 
matters. These were the Quaestiones perpetuae 
(Cic. lirut. c.27), or the trials for Repetundae, 
Ambitus, Majestas, and Peculatus, which, when 
there were six praetors, were assigned to four out f 
of the number. Sulla added to these Quaestiones 
those of Falsum, De Sicariis et Veneficis, and De | 
Parricidis, and for this purpose he added two or 
according to some accounts four praetors, for the 
accounts of Pomponius and of other writers do not 
agree on this point (Sueton. Caesar, 41 ; Dion 
Cass. xlii. 51.) On these occasions the Praetor 
presided, but a body of judices determined by a 
majority of votes the condemnation or acquittal of 
the accused. [Judicium.] 

The Praetor when he administered justice sat 
on a sella Curulis in a Tribunal, which was that 
part of the Court which was appropriated to the 
Praetor and his assessors and friends, and is op- 
posed to the Subscllia, or part occupied by the 
Judices, and others who were present. (Cic. Brut. 
84.) But the Praetor could do many ministerial 
acts out of court, or as it was expressed e piano, or 
rjr ac/uo loco, which terms are opposed toe trihunali 
i v n yii/n-riorr : f.»r iii.-tanee, 1 1 . - c.ujld in e.-r- 
tain cases give validity to the act of manumission 
wle n he was out of doors, as on his road to the 
bath or to the theatre, ((iaius, i. 20.) 

A person who had been ejected from the senate 
eonld recover hi* rank by being made Praetor 
(Dion Cassius, xxxvii. .'50 ; Plutarch, Cicero, 17). 
Sallustius was made praetor i*l rtjj tijv fiov\qi> 
iwaAaGttv. (Dion Cassius, xlii. .52.) 

The Praetors existed with varying numbers to 
a late period in the Empire, and they had still 
jurisdictio. (Cod. 7. tit. 62. s. 17; 5. lit 71. s. 18.) 

The functions of the Praetors, as above ob- 
Mnd, were chiefly judicial, and this article should 
be completed by a reference to Kdk.tum, Imp is- 
hum. Judex, JinusDiCTio, Maoistratis, Pro- 
vincia. To the authorities referred to under 
I'Miitum maybe added, " Die Prittoriachcn Edictc 
da EUkncr, \c, von D. Kduard Schradcr, Weimar, 
1815." [O. L. ) 

PRAETO'RIA A'CTIO. [Actio.] 
PRAETO'RIA COIIOIIS. [ Praktoriavi.1 
PRAETORIA'NI, sc. militet, or Praetoriat 



PRAETORIANI. 957 
I Cohortes, a body of troops instituted by Augustus 
to protect his person and his power, and called 
by that name in imitation of the Praetoria Co- 
nors, or select troop, which attended the person of 
the praetor or general of the Roman armv. (Sal- 
lust, Cat. 60; Cic. Cat. ii. 11 ; Caes. Bell. Gall. 

1. 40.) This cohort is said to have been first 
formed by Scipio Africanus out of the bravest 
troops, whom he exempted from all other duties 
except guarding his person, and to whom he gave 
sixfold pay (Festus, s. r.) ; but even in the early 
times of the republic the Roman general seems to 
have been attended by a select troop. (Liv. ii. 20.) 
In the time of the civil wars the number of the 
praetorian cohorts was greatly increased (Appian, 
Bell. Civ. iii. 67, v. 3) ; but the establishment of 
them as a separate force was owing to the policy 
of Augustus. They originally consisted of nine 
(Tac Ann. iv. 5; Suet. Auy. 49) or ten cohorts 
(Dion Cass. lv. 24), each consisting of a thousand 
men, horse and foot. They were chosen only 
from Italy, chiefly from Etruria and Umbria, or 
ancient Latium, and the old colonies (Tac. /. c. 
Hist. i. 84), but afterwards from Macedonia, 
Noricum, and Spain also. (Dion Cass, lxxiv. 2.) 
Augustus, in accordance with his general policy 
of avoiding the appearance of despotism, stationed 
only three of these cohorts in the capital, and dis- 
persed the remainder in the adjacent towns of 
Italy. (Suet. Aug. 49.) Tiberius, however, under 
pretence of introducing a stricter discipline among 
them, assembled them all at Rome in a permanent 
camp, which was strongly fortified. (Tac. Ann. 
iv. 2; Suet. Tiber. 37; Dion Cass. lvii. 19.) Their 
number was increased bv Vitelliu3 to sixteen co- 
horts, or 16,000 men. (Tac. Hist. ii. 93.) 

The Praetorians were distinguished by double 
pay and especial privileges. Their term of service 
was originally fixed by Augustus at twelve years 
(Dion Cass. liv. 25), but was afterwards increased 
to sixteen years ; and when they had served their 
time, each soldier received 20,000 sesterces. (Id. 
lv. 23 ; Tac. Ann. i. 17.) All the Praetorians 
seem to have had the same rank as the centurions 
in the regular legions, since we arc told by Dion 
(lv. 24) that they had the privilege of earn ing a 
vitis (f>dGSos) like the centurions. The Praetorians, 
however, soon became the most powerful body in 
the state, and like the janissaries at Constantinople, 
frequently deposed and elevated emperors accord- 
ing to their pleasure. Even the most powerful 
of the emperors were obliged to court their favour ; 
and they always obtained a liberal donation upon 
the accession of each emperor. After the death 
of Pcrtinax (a. D. 193) they even offered the em- 
pire for sale, which was purchased by Didius 
Julianus (Dion Cass. lxxiiL 11 ; Spartian. Julian. 

2, llerodian. ii. 7) ; but upon the accession of 
Scverus in the same year they were disbanded, on 
account of the part they had taken in the death of 
Pcrtinax, and banished from the city. ( Dion Cass, 
lxxiv. 1.) The emperors, however, could not dis- 
pense with guards, nnd accordingly the Praetorians 
were re t'ir.-d "ii a new iu<'d< I by Severm, and 
increased to four times their ancient number. In- 
stead of being levied in Italy, Macedonia, Nori- 
cum, or Spain, ns formerly, the best soldiers were, 
now draughted from nil the legions on the frontiers; 
so that the praetorian cohorts now formed the 
bravct troops "I the empire. (Dion Cass, lxxiv. 2; 
llerodian. iii. 13.) Diocletian reduced their num.- 



958 PRIMICERIUS. 

bers and abolished their privileges (Anrel. Vict. 
de Caes. 39) ; they were still allowed to remain at 
Rome, but had no longer the guard of the em- 
peror's person, as he never resided in the capital. 
Their numbers were again increased by Maxentius, 
but after his defeat by Constantine, A. D. 312, they 
were entirely suppressed by the latter, their for- 
tified camp destroyed, and those who had not 
perished in the battle between Constantine and 
Maxentius were dispersed among the legions. 
(Zosimus, ii. 17; Aurel. Vict, de Cues. 40.) The 
new form of government established by Constantine 
did not require such a body of troops, and accord- 
ingly they were never revived. The emperor's body 
guards now only consisted of the Domestici, horse 
and foot under two comites, and of the Protectores. 
(Cod. 12. tit. 17; Cod. Theod. 6. tit. 24.) 

The commanders of the Praetorians were called 
Praefecti Praetorio, whose duties, powers, 
&c. are mentioned in a separate article. 

PRAETO'RIUM was the name of the general's 
tent in the camp, and was so called because the 
name of the chief Roman magistrate was originally 
praetor, and not consul. [Castra, p. 249.] The 
officers who attended on the general in the Prae- 
torium, and formed his council of war, were called 
by the same name. (Liv. xxx. 5.) The word was 
also used in several other significations, which 
were derived from the original one. Thus the 
residence of a governor of a province was called 
the Praetorium (Cic. c. Verr. iv. 28, v. 35 ; 
St. John, xviii. 28, 33) ; and the same name was 
also given to any large house or palace. (Suet. 
Aug. 72, Cal. 37 ; Juv. i. 75 ; praetorio. voluptati 
tantum deservientia, Dig. 50. tit. 16. s. 198.) The 
camp of the Praetorian troops at Rome, and fre- 
quently the Praetorian troops themselves, were 
called by this name. [Praetoriani.] 

PRAEVARICA'TOR. [Senatusconsultum 

TuRPILIANUM.] 

PRA'NDILIM. [Coena, p. 306, b.] 
PRECA'RIUM. [Interdictum.] 
PRELUM, or PRAELUM, is a part of a 
press used by the ancients in making wine, olive- 
oil, and paper. The press itself was called tor- 
cidar ; and the prelum was that part which was 
either screwed or knocked down upon the things 
to be pressed, in order to squeeze out the last 
juices. (Serv. ad Virg. Georg. ii. 242; Vitruv. vi. 9.) 
Sometimes, however, prelum and torcular are used 
as convertible terms, a part being named instead 
of the whole. As regards the pressing of the 
grapes, it should be remembered that they were 
first trodden with the feet ; but as this process did 
not press out all the juiee of the grapes, they were 
afterwards, with their stalks and peels (scopi et 
follicidi), put under the prelum. (Varro, de Re 
Rust. i. 54 ; comp. Colum. xii. 38.) Cato {de Re 
Rust. 31) advised his countrymen always to make 
the prelum of the wood of black maple (carpinus 
atra). After all the juice was pressed out of the 
grapes, they were collected in casks, water was 
poured upon them, and after standing a night they 
were pressed again. The liquor thus obtained 
was called lora ; it was preserved in casks, and 
was used as a drink for workmen during the 
winter. (Varro, I. c.) Respecting the use of the 
prelum in making olive-oil, and in the manufacture 
of paper, see Plin. //. N. xv. 1, xiii. 25 ; Colum. 
xii. 50. [L. S.J 

PRIMICE'RIUS, a name given to various 



PROBOLE. 

officers and dignitaries under the later Roman 
empire, is explained by Suidas (s. v.) to be the per- 
son who holds tbe first rank in any thing. The 
etymology of the word is doubtful : it is supposed 
that a person was called Primicerius because his 
name stood first in the wax (cera), that is, the 
tablet made of wax, which contained a list of per- 
sons of any rank. 

The word Primicerius does not seem to have 
been always applied to the person who was at the 
head of any department of the state or army, but 
also to the one second in command or authority ; 
as, for instance, the Primicenus Sacri CubicuH, 
who was under the Praeposltus Sacri Cubiculi. 
[Praepositus.] Various Primicerii are men- 
tioned, as the Primicerius Domesticorum and Pro- 
tectorum (Cod. 12. tit. 17. s. 2), Fabricae (Cod. 
11. tit. 9. s. 2), Mensorum (Cod. 12. tit. 28. s. 1), 
Notariorum (Cod. 12. tit. 7), &c. 

PRIMIPILA'RES. [Exercitus, p. 508, b.] 
PRIMIPI'LUS. [Exercitus, p. 505.] 
PRINCEPS JUVENTU'TIS. [Equites.] 
PRINCEPS SENATUS. [Senatus.] 
PRINCIPALIS PORTA. [Castra, p. 249.] 
PRI'NCIPES. [Exercitus, pp. 495—497.] 
PRINCI'PIA. [Exercitus, p. 502, b.] 
PRIVILE'GIUM. [Lex, p. 683, b.] 
PROAGOGEIAS GRAPHE (irpoayaydas 
ypacp-fi), a prosecution against those persons who 
performed the degrading office of pimps or pro- 
curers (irpoaywyoi). By the law of Solon the 
heaviest punishment (tos fiiyiara i-mr'tp-ia) was 
inflicted on such a person (ectc tis etevdepou iraiSa 
•i) yuvaiKa Trpoctywyevo~r), Aesch. c. Timarch 3. 26. 
ed. Steph.). According to Plutarch (Sol. 23), a 
penalty of twenty drachms was imposed for the 
same offence. To reconcile this statement with 
that of Aeschines, we may suppose with Platner 
(Proc. und Klag. vol. ii. p. 216) that the law 
mentioned by Plutarch applied only to prostitutes. 
An example of a man put to death for taking an 
Olynthian girl to a brothel (trT^aas eir ohcrnxa-TOs) 
occurs in Dinarchus (c. Demosth. 93, ed. Steph.). 
A prosecution of a man by Hyperides iirl irpoa- 
ycoy'ia is mentioned by Pollux (iii. 27). A charge 
(probably false ) was brought against Aspasia for 
getting freeborn women into her house for the use 
of Pericles. (Plut. Pericl. 32 ; Aristoph. Acliam. 
527.) In connection with this subject see the 
Hetaireseos Graphe and Phthoras ton 
Eleutiieron Graphe. (Meier, Att. Proc. p. 
332.) [C. R. K.] 

PRO'BOLE (irpoSoAri), an accusation of a cri- 
minal nature, preferred before the people of Athens 
in assembly, with a view to obtain their sanction 
for bringing the charge before a judicial tribunal. 
It may be compared in this one respect (viz., that 
it was a preliminary step to a more formal trial) 
with our application for a criminal information ; 
though in regard to the object and mode of pro- 
ceeding there is not much resemblance. The 
irpo§o\r] was reserved for those cases where the 
public had sustained an injury, or where, from the 
station, power, or influence of the delinquent, the 
prosecutor might deem it hazardous to proceed in 
the ordinary way without being authorised by a 
vote of the sovereign assembly. In this point it 
differed from the eicrayy^Xia, that in the latter 
the people were called upon either to pronounce 
final judgment or to direct some peculiar method 
of trial ; whereas in the irpoSohi], after the judg- 



PROEOLE. 



PROBOLE. 



ment of the assembly, the parties proceeded to 
trial in. the usual manner. The court before whom 
they appeared, however influenced they miu'ht be 
hy the praejudicium of the people, were under no 
legal compulsion to abide by their decision ; and 
on the other hand it is not improbable that if the 
people refused to give judgment in favour of the 
complainant, he might still proceed against his ad- 
versary by a ypa<p->i, or a private action, according 
to the nature of the case. (Platner, I'roc. und Kl. 
vol. i. p. 382.) 

The cases to which the irpo§o\ri was applied 
•were complaints against magistrates for official mis- 
conduct or oppression ; against those public in- 
formers and mischief-makers who were called uvko- 
(pdvrai ; against those who outraged public decency 
at the religious festivals ; and against all such as 
by evil practices exhibited disaffection to the state. 
(Harpoc. and Suidas, s. v. Karate ipoToWa • Pollux, 
viii. 46 ; Aesch. de Fah. Lei/. 47 ■ Isucr. wtpl 
ai/Ti3. 344, ed. Stcph.) 

With respect to magistrates, Schumann (de Comit. 
p. 231) thinks that the vpoSoKai could only be 
brought against th> m at those imx*'porov'tai which 
were held at the first Kvpla fKK\rjaia in even- Pry- 
taneia, when the people inquired into the conduct of 
magistrates, with a view to continue them in office 
'jr depote them, according to their deserts. An 
example of magistrates being so deposed occurs in 
Demosth. c. Tlieocr. 1330. The people (says Scho- 
mann) could not proceed to the iirixcporovia ex- 
cept on the complaint (irpoSoAVj) of some individual ; 
the deposed magistrate was afterwards brought to 
trial, if the accuser thought proper to prosecute the 
matter further. There appears, however, to be no 
authority for limiting the irpo6o\a't against magi- 
strates to these particular occasions ; and other 
writers have not agreed with Schumann on this 
point. ( Platner, I'roc. und Kl. vol. i. p. 385 ; 
Meier, Alt. /'rue. p. 273.) 

An example of a irpoGo\4\ against Sycophants is 
that which the people, discovering too late their 
error in putting to death the generals whe gained 
the battle of Arginusac, directed to be brought 
against their accusers. (Xen. Hell. i. 7. § 39.) 
Another occurs in Lysias (c. AgoraL 135, cd. 
Steph.), where the words av\Xi)SOT)v airavrf s na.1 

iv Tip S-fjU'f (Col III Tip OIKOrTTTjp.'tf) truKo'pavTias 

KaTtyvorrt, describe the course of proceeding 
in this method of prosecution. (Schumann, de 
Com. p. 234.) 

Those who worked the public mines clandes- 
tine ]v, and those who were guilty of peculation or 
embezzlement of the public money, were liable to 
a irpoSoA-fJ. A case of embezzlement is referred to 
by Demosthenes e. Mid. 584. (Schumann, /. c. ; 
Platner, J'roc. und Kl. vol. i. p. 381.) 

Hut the npnSoKi) which hat become molt cele- 
brated, owing to the speech of Demosthenes against 
Mcidias, is that which was brought for misbeha- 
viour at public festivals. We barn from the laws 
cited in that speech (517, 518,571) that irpofioAaf 
were enjoined against any persons who, at the 
Dinnyaian, Thargclian, or Eleusinian festival (and 
the same enactment wag probably extended to 
other lestivals), had been gnilty of such an offence 
OS would fall within the description of iaiSna 
mp\ ioprify. A riot or disturbance during the 
ceremony, an assault, or other gross insult or out- 
rage, committed upon any of the performers or 
spectators of the game*, whether citizen or foreigner, 



and even upon a slave, much more upon a magistrate 
or officer engaged in superintending the performance; 
an attempt to imprison by legal process, and even 
a levying of execution upon the goods of a debtor, 
during the continuance of the festival, was held to 
be a profanation of its sanctity, and to subject the 
offender to the penalties of these statutes. For 
any such offence complaint was to be made to the 
Prytanes (i. e. the Proedri), who were to bring for- 
ward the charge at an assembly to be held soon 
after the festival in the theatre of Dionysus. The 
defendant was to be produced before the assemblv. 
Both parties were heard, and then the people pro- 
ceeded to vote by show of hands. Those who 
voted in favour of the prosecution were said koto- 
\npoTovCiv, those who were against it awoxepo- 
tovClv. The complainant was said -xpoSiKhsGQai 
tov iStKotyra, and the people, if they condemned 
him, icpoKarayvoZvai. (Dcinosth. c. Mid. 578, 583, 
586.) 

Some difficulty has arisen in explaining the fol- 
lowing words in the law above referred to : — Tas 
TpoSoAas irapaoiSdrwrrai' uaai av fii} inTeTia[i4i>ai 
uatv. Platner (I'roc. und Kl. vol. i. p. 384) and 
Schumann (de Com. p. 238) suppose that by these 
words the Prytanes are commanded to bring before 
the people those complaints, for which satisfaction 
has not been made by the offender to the prose- 
cutor ; and, to show that a compromise would be 
legal, Platner refers to Demosthenes, c. Mid. 563, 
583 ; to which we may add the circumstance that 
Demosthenes is said to have compromised his charge 
against Mcidias for a sum of money. Meier (All. 
Proc. p. 275) explains it thus : that the Prytanes 
(or rather Proedri) were to bring before the people 
all the irpoSoXal, except those of a trifling cha- 
racter, for which they were themselves empowered 
to impose a fine. (As to the power of fining see 
Alt. I'roc. p. 34.) If we suppose the complaint to 
take the name of irpo§o\ri upon its being presented 
to the Proedri, the expression linnuriiivn irpo§o\ri 
will cause no difficulty ; for as SiK-nv rtvtui signifies 
to pay the damages awarded in an action, so 7rpo- 
§o\jjc riytm may signify, to pay the fine imposed 
by the magistrates before whom the charge was 
brought ; and irpoSoKrji' is not used improperly for 
lirt&oAqp, any more than S'tKijv is for ti'/xtj^o in the 
other case. Perhaps there is more force in another 
objection urged by Platner, viz., that (according to 
this interpretation) the not bringing the case before 
the assembly is made to depend on the non-pay- 
ment, and not (as might have been expected) ori 
the imjmsition of the fine. 

The people having given their sentenco for the 
prosecution, the case was to be brought into the 
court of Hcliaca. In certain cases of a serious 
nature the defendant might' be required to give 
bail for his appearance, or (in default thereof ) go 
to prison. (Meier, An. Proc p. 276.) The persons 

on whom devolved the iiyt.uovia OMam-n iou were, 
according to Pollux (viii. 87), the Thcamothetac. 
Meier (/. c.) thinks this would depend on the 
nature of the cause, and that U|>on n charge- for the 
profanation of a festival, the cognizance would be- 
long to such of the three superior archons as had 
the superintendence thereof. This would (no 
doubt) follow from the ordinary principles of Athe- 
nian jurisprudence ; '"it it may be conceived that 
the extraordinary nature of the complaint by rpo- 
y'; might take it out of the common course of 
practice. (Plainer, p. 385.) The dicasts had to pro- 



960 PROBOULI. 

nnunce their verdict on the guilt of the party, and 
to assess the penalty, which might be death, or 
only a pecuniary fine, according to their discretion. 
The trial (it seems) was attended with no risk to 
the prosecutor, who was considered to proceed under 
the authority of the popular decree. (Meier, Att. 
Proc. p. 277.) [C. R. K.] 

PROBOULEUMA (-wpoSoiXevixa). [Boule, 
p. 210, b.] 

PROBOULI (ivpoSovKot), a name applicable 
to any persons who are appointed to consult or take 
measures for the benefit of the people. Thus, the 
delegates who were sent by the twelve Ionian 
cities to attend the Panionian council, and deliberate 
on the affairs of the confederacy, were called irpd- 
€ov\oi. (Herod, vi. 7.) So were the deputies sent 
by the several Greek states to attend the congress 
at the Isthmus, on the occasion of the second Per- 
sian invasion (Herod, vii. 172) ; and also the en- 
voys whom the Greeks agreed to send .annually to 
Plataea. (Plutarch, A rist. 21.) The word is also 
used like vojxocpvhcutts, to denote an oligarchical 
body, in whom the government of a state was 
vested, or who at least exercised a controlling power 
over the senate and popular assemblies. Such were 
the sixty senators of Cnidus ; and a similar body 
appears to have existed at Megara, where, although 
democracy prevailed at an earlier period, the go- 
vernment became oligarchical before the beginning 
of the Peloponnesian war. (Arist. Pol. iv. 12. § 8, vi. 
5. § 13 ; Miiller, Dor.iii. 9. § 10 ; Wachsmuth, Al- 
terth. vol. i. pt. 2. p. 91 ; Schbmann, Antiq.jur.publ. 
p. 82.) A body of men called irp6§ov\oi were ap- 
pointed at Athens, after the end of the Sicilian war, 
to act as a committee of public safety. Thucydides 
(viii.,1) calls them apxw Tira irpzoSvTtpwv avSpcoy, 
o'lrives Tvspl tw irapSvTajv ais av Katpbs p irpoSov- 
hevcrovcri. They were ten in number. (Suidas, s. v. 
TIp6§ov\oi.) Whether their appointment arose out 
of any concerted plan for overturning the constitu- 
tion, is doubtful. The ostensible object at least was 
different ; and the measures which they took for 
defending their country, and prosecuting the war, 
appear to have been prudent and vigorous. Their 
authority did not last much longer than a year ; 
for a year and a half afterwards Pisander and his 
colleagues established the council of Four Hundred, 
by which the democracy was overthrown. (Thucyd. 
viii. 67 ; Wachsmuth, vol. i. pt. 2. p. 197.) The 
first step which had been taken by Pisander and 
his party, was to procure the election of a body of 
men, called ^vyypcMpels avTOKpdropts, who were 
to draw up a plan, to be submitted to the people, 
for remodelling the constitution. Thucydides says 
they were ten in number. Harpocration (s. v. 
'£vyypo.(peis) cites Androtion and Philochorus as 
having stated that thirty were chosen, and adds, 
'O Se &ovKiiSiSr]s twv Sena itxvt)fx6v£vae p.6vov raiv 
vpogouXwv. This and the language of Suidas (s.v. 
TlpoSovXoi) have led Schdmann to con j ecture that the 
TrpoSovKot were elected as crvyypa<pe7s, and twenty 
more persons associated with them, making in all 
the thirty mentioned by Androtion and Philochorus. 
(Ant. jur. publ. 181.) Others have thought that 
the (Tvyypixptis of Thucydides have been con- 
founded by grammarians with the thirty tyrants, 
who were first chosen o'i robs irarpiovs v6fiovs 
(rvyypd^/cixri /caS' ovs iro\iTevo~ovai. (Xen. Hell. 
ii. 3. _§ 2 ; Goeller, ad Time. viii. 67.) These 
Athenian irpoSovXoi are alluded to by Aristophanes 
in the Lysistrata (467), which was acted the year 



PROCONSUL. 

after the Sicilian defeat, and by Lysias, c. Eralosth. 
126, ed. Steph. [C. R. K.l 

PROCHEIROTO'NIA (irpo X e Lporov'ia). 
[Boule, p. 211, a.] 

PROOLE'SIS (vrpd'/cA.Tjcris). [DlAETET IE, 
p. 398, b.] 

PROCONSUL is an officer who acts in the 
place of a consul without holding the office of con- 
sul itself ; though the proconsul was generally one 
who had held the office of consul, so that the pro- 
consulship was a continuation, though a modified 
one, of the consulship. The first time that Ave 
meet with a consul, whose imperium was prolonged 
after the year of his consulship, is at the com- 
mencement of the second Samnite war, at the end 
of the consular year 327 B. c, when it was thought 
advisable to prolong the imperium (imperium pro- 
rogare) of Q. Publilius Philo, whose return to Rome 
would have been followed by the loss of most of 
the advantages that had been gained in his cam- 
paign. (Liv. viii. 23, 26.) The power of proconsul 
was conferred by a senatusconsultum and plebis- 
citum, and was nearly equal to that of a regular 
consul, for he had the imperium and jurisdictio, 
but it differed inasmuch as it did not extend over 
the city and its immediate vicinity (see Niebuhr, 
Hist, of Rome, iii. p. 1 86, who infers it from Gains, iv. 
104, 105), and was conferred without the auspicia 
by a mere decree of the senate and people, and not 
in the comitia for elections. (Liv. ix. 42, x. 22, 
xxxii. 28, xxiv. 1 3.) Hence whenever a procon- 
sul led his army back to Rome for the purpose of 
holding a triumph, the imperium (in urbe) was 
especially granted to him by the people, which 
was, of course, not necessary when a consul tri- 
umphed during the year of his office. Livy (iii. 
4), it is true, mentions men appointed with pro- 
consular power at a much earlier period than the 
time of Publilius Philo ; but there is this difference, 
that in this earlier instance the proconsular power 
is not an imperium prorogatum, but a fresh ap- 
pointment as commander of the reserve, and 
Niebuhr (Hist, of Rome, ii. p. 123) justly remarks 
that Livy here probably applies the phraseology of 
a much later time to the commander of the reserve ; 
and this is the more probable as Dionysius (ix. 12) 
speaks of this a.vTiarpaTriy6s as having been ap- 
pointed by the consuls. Nineteen years after the 
proconsulship of Publilius Philo, 308 B. c, Livy 
(ix. 42) relates that the senate alone, and without 
a plebiscitum, prolonged the imperium of the consul 
Q. Fabius Maximus Rullianus ; but it is manifest 
that here again Livy transfers a later institution to 
a time when it did not yet exist ; for it was only 
by the lex Maenia (236 B. c.)' that the Senate ob- 
tained the right to prolong the imperium. 

When the number of Roman provinces had be- 
come great, it was customary for the consuls, who 
during the latter period of the republic spent the 
year of their consulship at Rome, to undertake at 
its close the conduct of a war in a province, or its 
peaceful administration. (Cic. de Nat. Deor. ii. 3 ; 
Liv. xxxiii. 25 ; Cic. ad Fam. viii. 5. 13.) There 
are some extraordinary cases on record in which a 
man obtained a province with the title of proconsul 
without having held the consulship before. The 
first case of this kind occurred in B. o. 211, when 
young P. Cornelius Scipio was created proconsul of 
Spain in the comitia centuriata. (Liv. xxvi. 18.) 
During the last period of the republic such cases 
occurred more frequently. (Plut. Aem.il. Paul. 4 ; 



PRODIGIUM. 

Cie. de Leg. i. 20.) Respecting the powers and 
jurisdiction of the proconsuls in the provinces, see 
Provixcia. 

After the administration of the empire was 
newly reflated by Constantine, parts of certain 
dioceses were under the administration of pro- 
consuls. Thus a part of the diocese of Asia, called 
Asia in a narrower sense, Achaia in the diocese 
of Macedonia, and the consular province in the 
diocese of Africa, were governed by proconsuls. 
(Walter, Gesclticltte ties Romischen RecJtts, § 366, 
2d edit.) [L. S.] 

PROCUBITO'RES. [Exerciti-s, p. 503, a.] 
PROCURATOR is the person who has the 
management of any business committed to him by 
another. Thus it is applied to a person who main- 
tains or defends an action on behalf of another, or, 
as we should say, an attorney [Actio] : to a 
steward in a family [Calculator] : to an officer 
in the provinces belonging to the Caesar, who at- 
tended to the duties discharged by the quaestor in 
the other provinces [Provincia] : to an officer 
engaged in the administration of the Fiscus [Fis- 
cus] : and to various other officers under the 
empire. 

PRODI'GIUM in its widest acceptation de- 
notes any sign by which the gods indicated to men 
a future event, whether good or evil, and thus in- 
cludes omens and auguries of every description. 
(V'irg. Aen. v. 638 ; Servius, ad loc ; Plin. //. A r . 
xi. 37 ; Cic. in Vcrr. iv. 49.) It is, however, 
generally employed in a more restricted sense to 
signify some strange incident or wonderful appear- 
ance which was supposed to herald the approach 
of misfortune, and happened under such circum- 
stances as to announce that the calamity was im- 
pending over a whole community or nation rather 
than private individuals. The word may be con- 
sidered synonymous with omentum, monstrum, por- 
tentum. " Quia enim ostendunt, portendunt, mons- 
trant, praedicunt ; ostenta, portcnta, monstra, pro- 
digia dicuntur." (Cic, dc hiv. i. 42.) It should 
be observed, however, that prodigium must be de- 
imd from ago, and not from dico, as Cicero would 
bave it 

Since prodigies were viewed as direct manifesta- 
tions of the wrath of heaven, and warnings of 
coming vengeance, it was believed that this wrath 
might be appeased, and consequently this venge- 
ance averted, by prayers and sacrifices duly offered 
to the offended powers. This being a matter which 
deeply concerned the public welfare, the necessary 
rites were in ancient times regularly performed, 
under the direction of the pontifices, by the consuls 
before they left the city, the solemnities being 
called proruratio prorligiorum. Although from the 
very nature of the occurrences it was impossible to 
anticipate and provide for every contingency, we 
hare reason to know that rules for expiation, ap- 
plicable to a great variety of cases, were laid down 
in tli.' ( Jstentaria, the Lihri RiiuuUs, and other sacred 
books of tin' Etrurian* (Cic. de. Dtv. i. 33 ; MUller, 
Ktrwhr, vol. i. pp. 33, 31,', 313, vol. ii. pp. 30, 91), 
122, 131, 146, 337), with the contents of which the 
RnTfmri priests were wi ll acquainted ; and when the 
prodigy was of a very terrible or unprecedented 
nature it was usual to seek counsel from some re- 
nowned Tuscan seer, from the Sibylline books, or 
even from the Delphic oracle. Prodigies were fre- 
quently suffered to pass unheeded when they were 
considered to have no direct reference to public 



PRODOSIA. 961 

affairs, as, for example, when the marvel reported 
had been observed in a private mansion or in some 
town not closely connected with Rome, and in this 
case it was said nan stiscipi, but a regular record of 
the more important was carefully preserved in the 
Annals, as may be seen from the numerous detailr 
dispersed throughout the extant books of Livy. 
(See Liv. ii. 42, iii. 10, xxiv. 44, xxxviL 3, xliii. 
13 ; WtiWer, die Etruster, vol. ii. p. 191 ; Hartung, 
die Religion der Romer, vol. i. p. 96 ; and for an 
interesting essay on the illustrations of Natural 
History to be derived frorj the records of ancient 
prodigies, Hevne, Opusc. Acad. vol. iii. pp. 198, 
255.) [W.R.] 
PHO'DOMUS. [DOMUS, p. 425, b ; Tejj- 

PLIM.] 

PRODO'SIA (irpoouo-ia). Under this term 
was included not only every species of treason, 
but also every such crime as (in the opinion of the 
Greeks) would amount to a betraying or desertion 
of the interest of a man's country. The highest 
sort of treason was the attempt to establish a des- 
potism (rvpavvis), or to subvert the constitution 
(KuTaXifiv rr/v iroXiTiiav) y and in democracies 
KaraXvetv riiv STjpov or to irAf/flos. Other kinds 
of treason were a secret correspondence with a 
foreign enemy ; a betraying of an important trust, 
such as a fleet, army, or fortress ; a desertion of 
post ; a disobedience of orders, or any other act of 
treachery, or breach of duty in the public service. 
(Demosth. pro Cor. 242, c. Lept. 481, c. Timoc. 
745, c. Timot/t. 1204, pro Cor. Trierarch. 1230 ; 
Lys. c. Agar. 130, 131, cd. Steph. ; Lycurg. c. 
Isocr. 155, cd. Steph.) It would be a betrayal of 
the state, to delude the people by false intelli- 
gence or promises ; or to disobey any special de- 
cree, such as that (for instance) which prohibited 
the exportation of arms or naval stores to Philip, 
and that which (after Philip had taken possession 
of Phocis) forbade Athenian citizens to pass the 
night out of the city. (Demosth. c. Lept 487, 498, 
pro Cor. 238, de Pali. Ixg. 433.) Rut not only 
would overt acts of disobedience or treachery amount 
to the crime of irpoooiria, but also the neglect to 
perform those active duties which the Greeks in 
general expected of every good citizen. Cowardice 
in battle (StiAi'a) would be an instance of this 
kind ; so would any breach of the oath taken by 
the (<prr)Soi at Athens ; or any line of conduct for 
which a charge of disaffection to the people (ptao- 
Sijpta) might be successfully maintained. (Xen. 
Cyrop. vi. 4. § 14, vi. 3. § 27 ; Eurip. I'lmmiss. 
1003 ; Andoc. c.Alcib. 30, cd. Steph. ; Lycurg. c. 
LtoO. 157, ed. Steph. ; Demosth. pro Cor. 242.) 
Thus, we find persons, whose offence was the pro- 
pounding unconstitutional laws, or ndvising bad 
measures, or the like, charged by their political 
opponents with an attempt to overthrow the con- 
stitution. (Demosth. it«>>1 ovirra£. 170; Aesch. 
c. Timarch. I, r. Ctrl. 82, ed. Steph. ; Lys. pro 
Pebflt 159, ed. Steph.) Of the facility with which 
such charges might be made at Athens, especially 
in times of political excitement, when the most 
eminent citizens were liable to be suspected of 
plot* against the state, history affords abundant 
proof; and Greek history, no less than modern, 
shows the danger of leaving the crime of treason 
undefined by the law, and to be interpreted by 
judges. (Ari«U>ph. Eq. 236, 475, 862, Vmp, 483, 
958 2 \\ aclwinith, Hell. Alt. vol. i. pt. ii. p. 154, 
vol. ii. pt. i. p. 178.) One of the most remarkablo 
3q 



962 



PRODOSIA. 



PROMETHEIA. 



trials for constructive treason at Athens was that 
of Leocrates, who left the city after the defeat at 
Chaeroneia, and was prosecuted hy Lycurgus for 
desertion of his country. The speech of Lycurgus 
is preserved to us, and is a good specimen of his 
eloquence. The facts of the case are stated in p. 
1 50, ed. Steph. The nature of the charge may be 
seen from various expressions of the orator, such as 
irpoSovs robs veins ko2 ra eSri Kal ras ev rots 
v6/j.ois Stvaias (147), A"/ ^o-qBriaas rots irarpiois 
lepots, iyKaraAnraii' t^v tt6Kw (148), oil avfiSe- 
§A.Tt]/j.£vos ovSev els tt]v rrjs ir6\eus (XCtlTTjpiaV 
(1.53), (pevywv tov virep Trjs irarpiSos k'wSvvov 
(154), and the like. The defence of the accused 
was, that he did not leave Athens with a traitor- 
ous intention (e'?rl irpoSoaia), but for the purposes 
of trade (eirl efiiropia). (See Argument, and p. 
155.) 

The ordinary method of proceeding against those 
who were accused of treason or treasonable prac- 
tices was by elaayyeX'ta, as in the case of Leo- 
crates. ( Pollux, viii. 52.) In some cases a ypacpr) 
might be laid before the Thesmothetae. (Demosth. 
c. Steph. 1 137-) We read of an old law, by which 
the jurisdiction in trials for high treason was given 
to the archon fiaoiAevs, (Meier, Att. Proc. p. 50.) 
But it could hardly be expected that in a Greek 
city state offences would always be prosecuted ac- 
cording to the forms of law ; and we find various 
instances in which magistrates, generals, and 
others, took a summary method for bringing 
traitors and conspirators to justice. Thus a certain 
person, named Antiphon, who had promised Philip 
to burn the Athenian arsenal, was seized by the 
council of Areiopagus, and afterwards put to the 
torture, and condemned to death by the people. 
(Demosth. pro Cor. 271 ; Aesch. c. Ctes. 89, ed. 
Steph.) As to the power of the Areiopagus, see 
further Lycurg. c. Leoc. 154. The people in as- 
sembly might of course direct any extraordinary 
measures to be taken against suspected persons, as 
they did in the affair of the Hermes busts (Thucyd. 
vi. 60, 61), and by their tyiityio'/j.a might supersede 
even the form of a trial. So fearful were the 
Athenians of any attempt to establish a tyranny 
or an oligarchy, that any person who conspired for 
such purpose, or any person who held an office 
under a government which had overthrown the 
constitution, might be slain with impunity. Every 
citizen indeed was under an obligation to kill such 
a person, and for so doing was entitled by law to 
honours and rewards. (Andoc. de Myst. 12, 13, 
ed. Steph. ; Lys. A-nyu. Karak. airoA. 172, ed. 
Steph.) 

The regular punishment appointed by the law 
for most kinds of treason appears to have been 
death (Xen. Helkn. i. 7. § 22 ; Demosth. pro 
Cor. 238 ; Lycurg. c. Leoc. 148, 152, ed. Steph.), 
which, no doubt, might be mitigated by decree of 
the people, as in the case of Miltiades (Herod, vi. 
136) and many others. The less heinous kinds of 
irpoSoo-'ia were probably punished at the discretion 
of the court which tried them. (Demosth. c. Timoc. 
740, c. Ttieocr. 1344.) The goods of traitors, who 
suffered death, were confiscated, and their houses 
razed to the ground ; nor were they permitted to 
be buried in the country, but had their bodies cast 
out in some place on the confines of Attica and 
Megara. Therefore it was that the bones of The- 
mistocles, who had been condemned for treason, 
were brought over and buried secretly by his 



friends. (Thucyd. i. 138.) The posterity of a 
traitor became i-Ttfioi, and those of a tyrant were 
liable to share the fate of their ancestor. (Meursius, 
Them. Att. ii. 2, 15 ; Platner, Proc. and Klag. vol. 
ii. p. 82 ; Meier, Att. Proc. p. 341, De Ion. damn. 
PP- 11 — 13, 136.) Traitors might be proceeded 
against even after their death, as we have seen 
done in modern times. Thus, the A thenians re- 
solved to prosecute Phrynichus, who had been most 
active in setting up the oligarchy of the Four 
Hundred (rhv veicpbv Kpivetu npoSoalas), and 
also to subject his defenders to the punishment of 
traitors, in case of a conviction. This was done. 
Judgment of treason was passed against Phryni- 
chus. His bones were dug up, and cast out of 
Attica ; his defenders put to death ; and his mur- 
derers honoured with the freedom of the city. 
(Thuc. viii. 92 ; Lysias, c Ac/or. 136 ; Lycurg. c. 
Leocr. ] 64, ed. Steph.) [C. R. K.] 

PROEDRI (rrpdeSpoi). [Boule, pp. 210, 212.] 

PROEI'SPHORA [Eisphora.] 

PROEISPHORAS DIKE (wpoetffQopas Si'/ctj), 
an action brought by a member of a Symmoria, to 
recover a rate paid on account of another. The 
Symmoriae being so arranged, that three hundred 
of the richest men were selected to form a superior 
board, responsible to the state in the first instance 
for the collection of a property tax ; the people 
passed a decree, in case of need, commanding them 
to pay the whole tax in advance. These then 
were entitled to be— reimbursed by the remaining 
nine hundred of the Symmoriae, and each of them 
probably had a certain number assigned to him by 
the Strategi for that purpose ; against whom he 
might bring actions for contribution according to 
their respective assessments. To recover money 
so advanced was called Trpoeiatpopav Ko/xi(ecr6ai. 
(Demosth. c. Pantaen. 977, c. Phaenipp. 1046, c. 
Polycl. 1208.) This cause, like others relating to 
the property tax and the trierarchy, belonged to 
the jurisdiction of the Strategi. (Bdckh, Pull. 
Econ. of Athens, pp. 450, 526, 533, 2d ed. ; Meier, 
Att. Proc. pp. 1 07, 550.) [C. R. K.] 

PROELIA'LES DIES. [Dies.] 

PROERO'SIAor PROERO'SIAE (irponpio-ia 
or irporjpoaiai) were sacrifices (or, according to 
other writers,. a festival) offered to Demeter at the 
time when the seeds were sown, for the purpose of 
obtaining a plentiful harvest. (Suidas, Hesych., 
Etymol. Mag. s. v. ; Arrian in Epictet. iii. 21.) 
According to Suidas the Athenians performed this 
sacrifice in 01. 5. on behalf of all the Greeks ; but 
from all the other accounts it would appear that 
the Athenians did so at all times, and that the in- 
stance mentioned by Suidas is only the first time 
that proerosia were offered by the Athenians for 
all the Greeks. They are said to have been insti- 
tuted by the command of some oracle at a time 
when all the world was suffering from scarcity or 
from a plague. (Suid. s. v. Y.lpe<ri<ivt) ; compare 
Lycurg. Fragm. c. MenesaecJi.) [L. S.] 

PROFESTI DIES. [Dies.] 

PROGAMEIA (Trpoydtieta). [Matrimonium, 
p. 737, a.] 

PROIX (irpof{). [Dos, p. 436.] 

PROLETA'RII. [Caput.] 

PROMETHEIA {irpo^eeia), a festival cele- 
brated at Athens in honour of Prometheus. (Xe- 
noph. de Re PvhL Atli. 3. § 4 ; Harpocrat. s. v. 
Aa/xirds.) The time at which it was solemnised is 
not known, but it was one of the five Attic festi- 



PROPYLAEA. 



PR1SCRIPTIO. 



963 



vals, which were held with a torch-race in the 
Ceramicus (Harpocrat. I.e.; Schol. ad Arisioph. 
Han. 131 ; comp. Lampadei'Horia), for which 
the gjmnasiarchs had to supply the youths from 
the gymnasia. Prometheus himself was believed 
to have instituted this torch-race, whence he was 
called the torch-bearer. (Hygin. Poet. Astr. ii. 15 ; 
Eurip. P/weniss. 1139 ; Philostrat. Vit. Hop/iist. ii. 
20.) The torch-race of the Prometheia commenced 
at the so-called altar of Prometheus in the aca- 
demia (Paus. L 30. § 2 ; Schol. ad , Soph. Ocd. Cot. 
53), or in the Ceramicus, and thence the youths 
with their torches raced to the city. (Welcker, 
Die Aetchyl. Trilog. p. 120, &c) [L. S-] 

PROMISSOR. [Obliuatioxes, p. 817, b.] 

PROMNE'STRIAE (Trpo/Wjo-rr.cu). [Ma- 
TRIMOXIl'M, p. 736, b.] 

PROMULS1S. [Coexa, p. 307, a.] 

PROMUS. [Cella ; Servus.] 

PRONA'OS. [Tsmplom.] 

PRO'NL'BAE, PRO'NUBI. [Matrimo- 
RIUM, pp. 743, b, 744, a.] 

PROPIIETES, PRUPIIETIS. [Oraltlum, 
p. 837, a.] 

PROPNTGE'UM. [Balxeae, p. 192, b.] 

PROPRAETOR. [Provincia.] 

PROPRI'ETAS. [Dominium.] 

PROPYLAEA (irpoiri/Aoio), the entrance to 
a temple, or sacred enclosure, consisted of a gate- 
way Hanked by buildings, whence the plural form 
of the word. The Egyptian temples generally had 
magnificent propylaea, consisting of a pair of oblong 
truncated pyramids of solid masonry, the faces of 
which were sculptured with hieroglyphics. (See 
Herod, ii. 63, 101, 121, and other passages ; the 
modern works on Egyptian antiquities ; the Atlas 
to K n pier's Kwutgetekiehte, Beet 1. pi. 5. fig. 1.) 

In Greek, except when the Egyptian temples 
are spoken of, the word is generally used to 
signify the entrance to the Acropolis of Athens, 
which was the last completed of the great works 
of architecture executed under the administration 
of Pericles. The building of the Propylaea occu- 
pied five years, it. c. 437 — 432, and cost 2012 
talents. The name of the architect was Mncsicles. 
(Pint. Per. 13 ; Thuc. ii. 13, with Poppo's Notes ; 
Aristoph. EqwU. 1326 ; Dcmosth. de Jtej>. CM. 28. 
p. 174. 23, ed. Bekkcr ; Harpocrat. Suid. i.v.; 
(:>.'''' Off. ii. 17.) The edifice was of the Doric 
Order, and presented in front the appearance of a 
hexastyle portico of white marble^ with the central 
intercolumniation wider than the rest, and with 
two advanced wings, containing chambers, the 
northern one of which (that on the left hand) was 
adorned with pictures, which are fully described 
by Pausnnias (i. 22. §§ 4 — 7), and among which 
were works by Polygnotus, and, probably, by 

Piotogellos. (See Out. <■/ /Hoy. >. n',) (III tile 

riL'lit hand, and in front of the Propylaea, stood 
the temple of Xite Apteros, and close to the en- 
trance the stituo of Hermit Propylaeus ; and the 
Propylaea themselves were adorned with numerous 
statue*. (Paus. I.e.) A broad road led straight 
from the Agora to the Propylaea, which formed 
the only entrance to the Acropolis, and the imme- 
diate approach to which was by a flight of steps, 
in the middle of which there wim left an inclined 
plane, paved with Pcntelic marble, as a carriage- 
way for the processions. Both ancient and modern 
writers have agreed in considering the Propylara 
as one of the most perfect works of 'in cian nr'.. 



(For fuller descriptions and restored views, see 
Stuart, ii. 5 ; Leake, Topoy. c. 8 ; Miillcr, Ar- 
eli'dol. d. Kunst, § 109. n. 1, 3 ; and a beautiful 
elevation and plan in the Atlas to Kugler's Kunsl- 
geschie/ite, sect. 2. pi. 3. figs. 12, 13.) 

The great temple at Eleusis had two sets of 
prop/ylaea, the smaller forming the entrance of the 
inner enclosure (n-tpigoAoj), and the greater, of 
the outer. The latter were an exact copy of the 
Athenian propylaea. (Muller, I.e. n. 5.) There 
were also propylaea at Corinth, surmounted by 
two chariots of gilt bronze, the one carrying Phae- 
thon, and the other the Sun himself. (Paus. ii. 3. 
§2.) [P.S.] 
PRORA. [N avis, p. 7f!6, a.] 
PROSCE'NIUM. [Theatrim.] 
PROSCLE'SIS (irpdo-KAr)<ris). [Dike.] 
PROSCRIPTIO. The verb proseribere pro- 
perly signifies to exhibit a thing for sale by means 
of a bill or advertisement: in this sense it occurs 
in a great many passages. But in the time of 
Sulla it assumed a very different meaning, for he 
applied it to a measure of his own invention (Veil. 
Pat. ii. 23), namely, to the sale of the property of 
those who were put to death at his command, and 
who were themselves called proscrijUi. Towards 
the end of the year 82 B. c. Sulla, after his return 
from Pracncste, declared before the assembly of 
the people that he would improve their condition, 
and punish severely all those who had supported 
the party of Marius. (Appian. Ii. C. i. 95.) The 
people appear tacitly to have conceded to him all 
the power which he wanted for the execution of 
his design, for the lex Cornelia de proscriptione et 
proscriptis was sanctioned afterwards when he was 
made dictator. (Cic. de Ley. i. 15, dc Leg. Ayr. 
iii. 2, 6i.c. ; Appian. D. C. L 98.) This law, which 
was proposed by the intcrrex L. Valerius Flaceus 
at the command of Sulla, is sometimes called lex 
Cornelia (Cic. c JVrr. i. 47), and sometimes lex 
Valeria. Cicero (pro Hose. Am. 43) pretends not 
to know whether he should call it a lex Cornelia 
or Valeria. (Comp. Schol. Oronov. p. 435, cd. 
Orelli.) 

Sulla drew up a list of the persons whom he 
wished to be killed ; and this list was exhibited 
in the forum to public inspection. Every person 
contained in it was an outlaw, who might be 
killed by any one who met him with impunity, 
even by his slaves and his nearest relatives. All 
his pru]>erty was taken and pulilicly sold. It may 
naturally be supposed that such properly was sold 
at a very low price, and was in most cases pur- 
chased by the friends and fnvourites of Sulla ; in 
some instances only a part of the price was paid 
at which it had been purchased. (Sallust, Fruym. 
p. 23H, ed. tierlach.) The property of those who 
had fallen in the ranks of his enemies was sold in 
the same manner. (Cic. pro Hose. Am. 43.) Those 
who killed a proscribed person, or gave notice of 
his place of concealment, received two talents as a 
reward ; and whoever concealed or gave shelter to 
a proscribed, was punished >vith death. (Cic. e. 
V.rr. i. 47, Plot. Sull. Bl ; Suet Cart. 11.) But 
this was not nil ; the proscription was regarded ns 
a corruption of blood, and consequently the sunn 
and grandsons of proscribed persons were for ever 
excluded from nil public offices. (Plut/.c; Veil. 
Pat ii. 28; Quinctil. xi. 1. 85.) 

After this example of n prescription had once 
been set, it was readilv adopted by those in power 

:i g 



964 PROTHESMIA. 
during the civil commotions of subsequent years. 
This was the case during the triumvirate of 
Antonius, Caesar, and Lepidus. (43 B. c.) Their 
proscription was even far more formidable than 
that of Sulla, for 2000 equites and 300 senators 
are said to have been murdered, and the motive of 
the triumvirs was nothing but a cold-blooded 
thirst for vengeance. Fortunately no more than 
these two cases of proscription occur in the history 
of Rome. (Appian, B. C. iv. 5 ; Veil. Pat. ii. 66 ; 
Suet..4M<7. 27; Liv. Epit. lib. 120.) [L. S.] 
PROSTAS. [Domus, p. 425, b.] 
PRO'STATES (irpoa-ra.Ti)s). [Libertus, p. 
705, a ; Metoeci.] 

PRO'STATES TOU DEMOU (-Kpno-Tarns tov 
S-()fiov), a leader of the people, denoted at Athens 
and in other democratical states, a person who by 
his character and eloquence placed himself at the 
head of the people, and whose opinion had the 
greatest sway amongst them (Plato, Rep. viii. 
p. 565. c.) : such was Pericles. It appears, how- 
ever, that Trppcrrarris tov $t]/aov was also the title 
of a public officer in those Dorian states in which 
the government was democratical. Thus we read 
of a irpo(TTd.Tr]s tov S-tj^ov atCorcyra(Thuc.iii. 70), 
at Syracuse (Thuc. vj. 35), at Elis (Xen. Hell. 
iii. 2. § 27), at Mantineia (Xen. Hell. v. 2. § 3), 
and at other places. (Miiller, Dor. iii. 9. § 1 ; 
Wachsmuth, Hell. Alterthumsk. vol. i. p. 819, 2d 
ed. ; Arnold, ad Time. vi. 35 ; G. C. Miiller, de 
Cora/r. Rep. p. 49 ; K. F. Hermann, Lelirbuch, &c. 
§ 69. n. 3, 4.) 

PROSTIME'MA (TrpotrnV^o). [Timema.] 
PROSTOON. [Domus, p. 425, a.] 
PROSTY'LOS. [Templum.] 
PROTELEIA GAMON (vpoTeKeia yifiav). 
[Matrimonkjm, p. 737, a.] 

PRO'THESIS (7rpd0£(ns). [Funus, p. 555, a.] 
PROTHE'SMIA (irpoe^irixia), the term limited 
for bringing actions and prosecutions at Athens. 
In all systems of jurisprudence some limitation of 
this sort has been prescribed, for the sake of quiet- 
ing possession, and affording security against 
vexatious litigation. The Athenian expression 
irpoQeo-ixias v6fxo% corresponds to our statute of 
limitations. The time for commencing actions to 
recover debts, or compensation for injuries, ap- 
pears to have been limited to five years at Athens. 
Tols aSacovfievois 6 2(fAa>e to; ireVre erq iitavov 
7)7!7<raT' etvai elatrpd^ao-Bat. (Demosth. pro 
Phorm. 9S2, c. Nausim,. 989; Harpoc. s. v. Upo- 
tieo-fi'tas v6/j.os.) Inheritance causes stood on a 
peculiar footing. When an estate had been ad- 
judged to a party, he was still liable to an action 
at the suit of a new claimant for the whole period 
of his life ; and his heir for five years after- 
wards. This arose from the anxiety of the Athe- 
nians to transmit inheritance in the regular line 
of succession. [Heres (Greek).] The liability 
of bail continued only for a year (iyyvai iireretoi 
?to-av), and of course no proceeding could be taken 
against them after the expiration of the year. 
(Demosth. c. Apatur. 901.) It is doubtful whether 
any period was prescribed for bringing criminal pro- 
secutions, at least for offences of the more serious 
kind, though of course there would be an indis- 
position in the jury to convict, if a long time had 
elapsed since the offence was committed. (Lys. c. 
Simon. 98, wepl rod enj/coD, 109, c. Agor. 137, 
ed. Steph.) Certain cases, however, must be ex- 
cepted. The ypacp^i irapav6/j.av could only be 



PROV1NCIA. 
brought within a year after the propounding of the 
law. (Ilapai>6[ia>v ypcuprj, and Schb'm. de Comit. 
p. 278.) And the eufliWi against magistrates were 
limited to a certain period, according to Pollux 
(viii. 45). Amnesties or pardons, granted by 
special decrees of the people, scarcely belong to 
this subject. (See Aesch. c. Timarch, 6, ed. Steph.) 
The term irpod^a^ia is applied also to the time 
which was allowed to a defendant for paying da- 
mages, after the expiration of which, if he had not 
paid them, he was called uireprj^epos, virepirpdBetr- 
(*os, or £KTrp68eo-/xos. (Meier, Alt. Proc. pp. 636, 
746.) [C. R . K .j 

PRO'THYRON. [Aithousa ; Domus, p. 
424, b ; Janua, p. 627, a.] 

PROTRYGAEA (irpoTpiyaia), a festival cele- 
brated in honour of Dionysus, surnamed Protryges, 
and of Poseidon. (Hesych. s. v.; Aelian. V. H. 
iii. 41.) The origin and mode of celebration of 
this festival at Tyre are described by Achilles 
Tatius (ii. init.). [L.S.] 

PROVI'NCIA. The original meaning of this 
word seems to be " a duty " or " matter entrusted 
to a person," as we see in various passages. The 
word is an abbreviated form of Proviaentia, as 
Hugo has suggested. All other proposed deriva- 
tions ought to be rejected. In the Medicean MS. 
of Livy (xxi. 17), the word is written Provintia, 
and also in Ulpian, Frag. xi. 20, ed. Bb'cking. 
That the word originally had not the signification 
of a territory merely appears from such expressions 
as Urbana Provincia (Liv. xxxi. 6); and the ex- 
pression Urbana Provincia was still used, after 
the term Provincia was used to express a ter- 
ritory beyond Italy which had a regular orga- 
nization and was under Roman administration. 
This is the ordinary sense of the word, that of a 
foreign territory in a certain relation of subordina- 
tion to Rome. But the word was also used, before 
the establishment of any provincial governments, 
to denote a district or enemy's country which was 
assigned to a general as the field of his operations. 

The Roman State in its complete development 
consisted of two parts with a distinct organization, 
Italia and the Provinciae. There were no Pro- 
vinciae in this sense of the word till the Romans 
had extended their conquests beyond Italy ; and 
Sicily (Cic. Verr. ii. 2) was the first country that 
was made a Roman Province, b. c. 241 ; Sardinia 
was made a Province B. c. 235. The Roman pro- 
vince of Gallia Ulterior in the time of Caesar was 
sometimes designated simply by the term Provincia 
(Caesar, Bell. Gall. i. 1, 7, &c.) 

A conquered country received its provincial 
organization either from the Roman commander, 
whose acts required the approval of the Senate ; 
or the government was organized by the com- 
mander and a body of commissioners appointed by 
the Senate out of their own number. (Plutarch, 
Lucull. 35, 36.) The mode of dealing with a con- 
quered country was not unifonn. When constituted 
a Provincia, it did not become to all purposes an 
integral part of the Roman State ; it retained its 
national existence, though it lost its sovereignty. 
The organization of Sicily was completed by P. 
Rupilius with the aid of ten legates, and his con- 
stitution is sometimes referred to under the name 
of Leges Rupiliae. The island was formed into 
two districts, with Syracusae for the chief town of 
the eastern and Lilybaeum of the western district : 
the whole island was administered by a governor 



PROVINCIA. 



PROVINCIA. 



EG5 



annually sent from Rome. He was assisted by 
two Quaestors and was accompanied by a train of 
praecones, scribae, haruspices, and other persons, 
who formed his Cohors. The Quaestors received 
from the Roman aerarium the necessary sums for 
the administration of the island, and they also col- 
lected the taxes, except those which were let by 
the Censors at Rome. One quaestor resided at 
Lilybaeum, and the other with the governor or 
Praetor at Syracusae. The governor could dismiss 
the quaestors from the province, if they did not 
conform to his orders, and could appoint Legati to 
do their duties. The whole island was not treated 
exactly in the same way. Seventeen conquered 
towns forfeited their land, which was restored 
on condition of the payment of the decimae and 
the scripture. But this restoration must not be 
understood as meaning that the ownership of the 
land was restored, for the Roman State became the 
owner of the land, and the occupiers had at most 
a Possessio. These taxes or dues were let to farm 
by the censors at Rome. Three cities, Messana, 
Tauromcnium, and Netum, were made Foederatae 
Civitatcs and retained their land. [Foederatae 
Ci vitates.] Five other cities, among which were 
Panormus and Segcsta, were Liberae ct Immuncs, 
that is, they paid no decimae ; but it does not ap- 
pear whether they were free from the burdens to 
which the Foederatae Civitates as such were sub- 
ject by virtue uf their Foedus with Rome. Before 
the Roman conquest of Sicily, the island had been 
subject to a payment of the tenth of wine, oil, and 
other products, the collecting of which had been 
determined with great precision by a law or re- 
gulation of King lliero {Lea Hieronica). The 
regulations of lliero were preserved and these 
tenths were let to farm by the Quaestors in Sicily 
to Sicilians and liomans settled in Sicily : the 
tenths of the first-mentioned towns were let to 
farm to Romans in Rome. The towns which paid 
the tenths were called by the general name of 
Stipendiariac. 

For the administration of justice the island was 
divided into Fora or Convcntus, which were terri- 
torial divisions. Sicilians who belonged to the 
same town had their disputes settled according to 
its laws ; citizens of different towns had their dis- 
putes decided by judices appointed by the go- 
vernor ; in case of disputes between an individual 
and a community, the Senate of any Sicilian town 
iniitlit act as judices, if the parties did not choose 
to have a* judices the Senate of their own towns ; 
if a Roman citizen sued a Sicilian, a Sicilian was 
judex ; if a Sicilian sued a Roman citizen, a Ro- 
man was judex ; but no person belonging to the 
Cohors of a Praetor could be judex. These were 
the provisions of the Rupiliae Lege*. Disputes 
between the lessees of the tenths and the Amtores 
wire decided according to the rub-sol III' ro. (Cic. 
I'err. ii. l.'t.) The settlement of the Municipal 
constitution of the towns was generally left to the 
c i tizens ; but in some instances, as in the case of 
C. Claudius Marci'llus and the town of Alcsa, a 
constitution was given by some Roman at the re- 
quest, as it appears, of the town. The Senate mid 
UM People rtill continued as the component |iarts 
of the old (Irrrk cities. Cicero mentions a body 
of 130 men called censors who were a|ipoiut»d [o 
take the census of Sicily every live years, after 
i In fashion of the Roman census (in Vcrr. ii. 
">.'', .Vc.) The island MO* also humid to furnish 



and maintain soldiers and sailors for the service of 
Rome, and to pay tributum for the carrying on of 
wars. The coveinor could take provisions for the 
use of himself and his cohors on condition of pay- 
ing for them. The Roman State had also the 
Portoria which were let to farm to Romans at 
Rome. 

The governor had complete Jurisdictio in the 
island with the Imperium and Potestas. lie could 
delegate these powers to his quaestors, bin there 
was always an appeal to him, and for this and 
other purposes he made circuits through the dif- 
ferent Conventus. 

Such was the organization of Sicilia as a pro- 
vince, which may be taken as a sample of the 
general character of Roman provincial government. 
Sicily obtained the Latinitas from C. Julius Caesar, 
and the Civitas was given after his death (Cic. ad 
Alt. xiv. 12) ; but notwithstanding this there re- 
mained some important distinctions between Sicily 
and Italy. The chief authority for thi3 account of 
the Provincial organization of Sicily is the Verrine 
orations of Cicero. 

Hispania was formed into two Provinces, Citcrior 
or Tarraconcnsis between the Iberus and the 
Pyrenees, and Ulterior or Baetica south of the 
Iberus. Hispania Citerior was divided into seven 
Conventus, — Carthaginiensis, Tarraconcnsis, Cae- 
saraugustanus, Cluniensis, Asturum, Lucensis, and 
Bracarum. The diversity of the condition of the 
several parts of the Province appears from the 
enumeration of Coloniac, Oppida C'ivium Roma- 
norum, Latini vetcres, Foederati, 0|>pida stipen- 
diaria. Hispania Baetica was divided into four 
Juridici conventus, — Caditanus, Cordubensis, 
Astigi tonus, Hispalensis. The oppida consisted of 
Coloniae, Municipia, Latio antiquitus donata. which 
appear to be equivalent to Latini vetcres, Libera, 
Foederata,Stipcndiaria. (Plin./A A'. iii. 1,3.) The 
Provincia of Lusitania was divided into three Con- 
ventus, — Emeritensis, Pacensis, and Scalobitanus. 
The classes of Oppida enumerated are Coloniae, 
MunicipiaCivium Romanorum,OppidaLatii antiqui 
or veteris, Stipendiaria. (Plin. //. A', iv. 22.) This 
example will give some idea of the Roman mode 
of administering a province for judicial purposes. 
All Hispania received the Latinitas from Vespasian. 
(Plin.fr. A', ii.3.) The province paid a fixed vecti- 
gal or land-tax in addition to the tributum which 
was collected by Praefecti, and in addition to being 
required to deliver a certain quantity of corn. And 
the Praetor had originally the right to purchase a 
twentieth part at what price he ph ased. (Liv. xliii. 
2 ; compare Tacit. AffrU. 1!) ; and Cic m I'crr. 
iii. ill, dr. aestimuto frumento.) 

This organization was not confined to the Western 
Pnninces. In Asia, for instance, there was a 
Smyrna* us Conventus which was frequented by 
a great part of Aeolia ; the term conventus was 
applied both to the territorial division made for 
the administration of justice and also to the chief 
city or place 14 in quern conveniebont." F.phcsus 
gave name to another Conventus. As the Con- 
ventus were mainly formed for judicial puqioses, 
the term Jurisdictio is sometimas used as an equi- 
valent. Thus Pliny (II. X. v. 29) speaks of tho 
Sardiana Jurisdictio, which is the same as Sar- 
dinian conventus. The object of this division is 
further shown by such phrases as "eodem disceji- 
tant foro," " Tarraconc disci-plant populi xliii." 

Strabo r. marks (xiii. p. 638) that the boundaries 
3 vi 3 



966 PROVINCIA. 

of Phrygia, Lydia, Caria, and Sfysia were con- 
fused, and that the Romans had added to the 
confusion, by not attending to the subsisting na- 
tional divisions, but making the administrative 
divisions different (ras Sioi/crjueis), in which are 
the Fora (arySpas MS.) and the administration of 
justice. The word ay6pa probably represents Con- 
ventus (as to the reading, see Casaubon's note). 
The Conventus, it appears, were sometimes held 
(conventus aeti) in the winter (Caesar, Bell. Gall. 
i. 54, vi. 44) ; but in Caesar's case this might be a 
matter of convenience. Cicero proposed to do the 
same in his province (ad Att. v. 14). The ex- 
pression " forum agere " is equivalent to " con- 
ventum agere."" (Praetor Romanus conventus agit, 
Liv. xxxi. 29.) 

The Conventus were attended by the Romans 
who were resident in the province, among whom 
were the publicani, and generally by all persons 
who had any business to settle there. The judices 
for the decision of suits were chosen from the per- 
sons who attended the conventus. Other acts 
were also done there, which were not matters of 
litigation but which required certain forms in order 
to be legal. In the case of manumission by per- 
sons under thirty years of age certain forms were 
required by the Lex Aelia Sentia, and in the pro- 
vinces it was effected on the last day of the Con- 
ventus (Gaius, i. 20) ; from which it appears that 
Conventus means also the time during which busi- 
ness was transacted at the place " in quem conve- 
niebant." 

The governor upon entering on his duties pub- 
lished an edict, which was often framed upon the 
Edictum Urbanum. Cicero when Proconsul of 
Cilicia says that as to some matters he framed an 
edict of his own, and as to others he referred to 
the Edicta Urbana. (Ad Att. vi. 1.) Though 
the Romans did not formally introduce their law 
into the provinces, and so much of it as applied 
to land and the status of persons was inapplicable 
to Provincial land and Provincial persons, great 
changes were gradually introduced by the edictal 
power both as to the forms of procedure and all 
other matters to which the Roman Law was ap- 
plicable ; and also by special enactments. (Gaius, 
i. 183, 185, iii. 122.) 

There was one great distinction between Italy 
and the Provinces as to the nature and property in 
land. Provincial land could not be an object of 
Quiritarian ownership, and it was accordingly ap- 
propriately called Possessio. The ownership of 
Provincial land was either in the Populus or the 
Caesar : at least this was the doctrine in the time 
of Gaius (ii. 7). Provincial land could be trans- 
ferred without the forms required in the case of 
Italian land, but it was subject to the payment of. 
a land-tax (vectigal). Sometimes the Jus Italicum 
was given to certain provincial towns, by which 
their lands were assimilated to Italian land, for all 
legal purposes. With the Jus Italicum such towns 
received a free constitution like that of the towns 
of Italy, with magistrates, as decemviri, quin- 
quermales (censores) and aediles ; and also a juris- 
dictio. It was a ground of complaint against Piso 
that he exercised jurisdictio in a Libera Civitas. 
(Cic. de Prov. Cons. 3.) Towns possessing the 
Jus Italicum in Hispania, Gallia and other coun- 
tries are enumerated. The Latinitas or Jus Latii 
also, which was conferred on many provincial 
towns, appears to have carried with it a certain 



PROVINCIA. 

jurisdictio ; and those who filled certain magis- 
trates in these towns thereby obtained the Roman 
Civitas. (Strabo, p. 186, Casaub.) It is not 
easy to state what was the precise condition of the 
Coloniae Romanae and Latinae which were esta- 
blished in the Provinces : if the name is a certain 
indication of their political condition, that is pretty 
well ascertained. 

It has been stated that the terms Italia and 
Provinciae are opposed to one another as the com- 
ponent parts of the Roman State, after it had re- 
ceived its complete developement. Under the Em- 
perors we find Gallia Cisalpina or Citerior an in- 
tegral part of Italy and without a governor, the 
Provincial organization having entirely disappeared 
there. In the year B. c. 49 when Caesar crossed 
the Rubicon on his march towards Rome, it was a 
Province of which he was Proconsul, a circumstance 
which gives a distinct meaning to this event. 
Cicero still calls it Provincia Gallia at the epoch 
of the battle of Mutina. In the autumn of b. c. 
43 D. Brutus the Proconsul of the Provincia 
Gallia was murdered, and from that time we hear 
of no more Proconsuls of this Province, and it is a 
reasonable conjecture that those who then had all 
the political power were unwilling to allow any 
person to have the command of an army in a dis- 
trict so near to Rome. The name Italia was how- 
ever applied to this part of Italia before it became 
an integral portion of the Peninsula by ceasing to 
be a Provincia, (Caesar, Bell. Gall. i. 54, v. 1, vi. 
44, &c. ; Cic. Phil. v. 12.) On the determination 
of the Provincial form of government in Gallia 
Cisalpina, it was necessary to give to this part of 
Italy a new organization suited to the change of 
circumstances, particularly as regarded the adminis- 
tration of justice, which was effected by the Lex 
Rubria de Gallia Cisalpina. The Proconsul of 
Gallia Cisalpina had the Imperium, but on his 
functions ceasing, the Jurisdictio was placed in the 
hands of local magistrates who had not the Impe- 
rium. These magistrates could give a judex ; in 
some cases their jurisdiction was unlimited ; in 
others it did not extend to cases above a certain 
amount of money ; they could remit a novi operis 
nuntiatio, require a Cautio in case of Damnum In- 
fectum, and if it was not given, they could grant 
an action for damages. 

The Roman provinces up to the battle of Actium 
as enumerated by Sigonius are : Sicilia ; Sardinia 
et Corsica ; Hispania Citerior et Ulterior ; Gal- 
lia Citerior ; Gallia Narbonensis et Coinata ; II- 
lyricum ; Macedonia ; Achaia ; Asia ; Cilicia ; 
Syria ; Bithynia et Pontes ; Cyprus ; Africa ; Cy- 
renaica et Creta ; Numidia ; Mauritania. Those 
of a subsequent date which were either new, or 
arose from division are according to Sigonius: 
Rhaetia ; Noricum ; Pannonia ; Moesia ; Bacia ; 
Britannia ; Mauritania Caesariensis and Tingi- 
tana ; Aegyptus ; Cappadocia ; Galatia ; Rhodus ; 
Lycia ; Commagene ; Judaea ; Arabia ; Mesopo- 
tamia ; Armenia ; Assyria. The accuracy of this 
enumeration is not warranted. It will appear that 
it does not contain Lusitania, which is one of the 
two divisions of Hispania Ulterior, the other being 
Baetica : Lusitania may however not have had a 
separate governor. Originally the whole of Spain, 
so far as it was organized, was divided into the two 
provinces Citerior and Ulterior ; the division of 
Ulterior into Baetica and Lusitania belongs to a 
later period. Under Augustus Gallia was divided 



PROVINCIA. 

into four provinces : Narbonensis, Celtica or Lug- 
dnnensis, Belgica, and Aquitania. The Provincia 
of Caesar's Commentaries, from which term the 
modern name Provence is derived, appears to have 
corresponded to the subsequent province Narbo- 
nensis. He had also the Province of Gallia Cis- 
alpina, or Citerior (Caesar, Bell. Gall. i. 54) which, 
as already explained, was subsequently incorpo- 
rated with Italia as an integral part of it. Cicero 
speak3 of the two Galliae, as then united in one 
Imperium under C. Julius Caesar, and he further 
distinguishes them by the names of Citerior and 
Ulterior. (De Prr/r. Cons. ii. 15, 16.) The same 
expressions are used bv Caesar in his Commen- 
taries. {Bell. Gall. i. 7, v. 1, 2.) 

Strabo (xviL p. 840, Casaub.) gives the division 
into Provinces (iirdpx'at) as constituted by Augus- 
tus. The provinces of the Populus ( SJj^oi ) were two 
consular provinces (inrariKai), and ten praetorian 
provinces (<tt par 7)7101). The rest of the eparchies, 
be says, belong to the Caesar. Lusitania is not 
enumerated among the eparchies of the Populus, 
and if it was a distinct eparchy, it must have be- 
longed to the Caesar according to the principle of 
the division of the provinces, as stated by Strabo. 
The list of provinces in the ** Demonstratio Pro- 
vinciarum " (.\f;/t/iog. Vat. Bode) mentions the 
Province of Asturia ct Galloeca Lusitania. Dion 
Cassius (liii. 12) states the distribution of the 
Provinces by Augustus as follows : the Provinces 
of Africa, Numidia, Asia, Hellas (Achaea) with 
Kpirus, Dalmatia, Macedonia, Sicilia, Creta with 
the Cyrenaica, Bithynia with the adjacent Ponius, 
Sardinia, and Baetica belonged to the Senate and 
the people (Sfifios and ytpovaia). Tarraconensis, 
Lusitania, all Gallia, Coele Syria, Phoenice, Cilicia, 
Cyprus, and Aegyptus, belonged to Augustus. He 
afterwards took Dalmatia from the Senate, and 
gave to them Cyprus and Gallia Narbonensis, and 
other change* were made subsequently. 

At first Praetor* were appointed as governor* of 
provinces, but afterwards they were appointed to 
the government of provinces, upon the expiration 
of their year of office at Rome, and with the title 
of Propraetorcs. In the later times of the re- 
public, the consuls also, after the expiration of their 
year of office, received the government of a province 
with the title of Proconsulcs: such provinces were 
called Consularcs. Cicero was Proconsul of Cilicia 
r, c. 55, and hi* colleague in the consulship, C. 
Antonio*, obtained the procorisuUhipof Macedonia 
immcdiati'ly on the expiration of his consular office. 
The provinces were generally distributed by lot, 
but the distribution was sometimes arranged by 
agreement among the persons entitled to them, 
liy a Sempronia Lex the proconsular provinces 
were annually determined before the election of 
the consuls, the object of which was to prevent all 
disputes. A Scnatusconsultmn of the year 55 
B.C, provided that no consul or praetor should 
have a province til) nfter the expiration of five 
year* from the time of hi* consulship or practor- 
»hip. A province was generally held for a year, 
but the thne was often prolonged. Win n a new 
governor arrived in his province, hi* predecessor 
was required to leave it within thirty day*. A 
Ln Julia passed in the time of C. Julius Caesar 
United the holding of a Praetorin Provincia to one 
year, and a Consulnris Provincia to two year*. 
(I lion Cassius, xliii. 25 ; Cic. Phil. i. ft, v. 3.) The 
gofemors of province* had no pay as such, but ccr- 



PROVINCIA. 967 
tain expenses were provided for out of the Aerarium. 
Augustus first attached pay to the office of pro- 
vincial governor. (Dion Cassius, liii. 15 ; Sueton. 
August, 36.) 

The governor of a province had originally to ac- 
count at Rome (ad urbcm) for his administration 
from hi* own books and those of his Quaestors ; 
but after the passing of a Lex Julia B. c. 61, he 
was bound to deposit two copies of his accounts 
(rationes) in the two chief cities of his province 
and to forward one (iotidem rcrlis) to the Aerarium. 
(Cic. ad Fam. ii. 17, v. 20, ad Attic, vi. 7.) If 
the governor misconducted himself in the adminis- 
tration of the province, the provincials applied to 
the Roman Senate, and to the powerful Romans 
who were their Patroni. The offences of Repe- 
tundae and Peculatus were the usual grounds of 
complaint by the provincials ; and if a governor 
had betrayed the interests of the State, he was 
also liable to the penalties attached to Majestas. 
Quaestiones were established for inquiries into 
these offences ; yet it was not always an easy 
matter to bring a guilty governor to the punish- 
ment that he deserved. 

With the establishment of the Imperial power 
under Augustus, a considerable change was made 
in the administration of the provinces. Augustus 
took the charge of the provinces where a large 
military force was required ; the rest were left to 
the care of the Senate and the Roman people. 
(Strabo, xvii. p. 840.) Accordingly we find in 
the older jurists (Gaius, ii. 21) the division of 
provinciae into those which were " propriae Populi 
Romani," and those which were " propriae Cae- 
saris," and this division with some modifications 
continued to the third century. The Senatorian 
provinces were distributed among consulares and 
those who had filled the office of Praetor, two pro- 
vinces being given to the consularcs and the rest to 
the Practorii : these governors were called Pro- 
consulcs, or Praesides, which latter is the usual 
term employed by the old jurists for a provincial 
governor. The Praesides had the jurisdictio of 
the Praetor Urhanus and the Praetor Peregrinus ; 
and their Quaestors had the same jurisdiction that 
the Curule Acdiles had at Rome. (Gaius, i. 6.) 
The Imperial provinces were governed by Legati 
Caesaris with Praetorian power, the Proconsular 
power being in the Caesar himself, and the Legati 
being his deputies and representatives. The Legati 
were selected from those who had been consuls or 
praetors, or from the Senators. They held their 
office and their power at the pleasure of the Em- 
peror ; and he delegated to them both military 
command and jurisdictio, just as a Proconsul in 
the Republican period delegated these powers to 
hi* Legati. Tlie-e Legati had also Legati under 
them. No quaestor* were sent to the province* of 
the Caesar, and for this reason observes (iaius, this 
edict (hoc edirtum) is not published in those pro- 
vinces, by which he nppears. from the context, to 
mean the edict of the Curule Acdiles. In place 
of the quaestors, there were Procurators Caesaris, 
who were either Kquitcsor freedinen of the Caesar. 
Egypt was governed by an Equcs with the title of 
Prnefcctu*. The Procuratore* looked after the 
taxes, pnid the troop*, and generally were intrusted 
with the interest* of the Kisciis. Judaea, which 
was a part of the province of Syria, was governed 
by n Procurator who had the power* of a Legatus. 
It appears that there wen- iiNo Procuratore* Cuc- 
8 v, 4 



960 



PROVINCIA. 



PROVINCIA. 



saris in the Senatorian provinces, who collected 
certain dues of the Fiscus, which were independent 
of what was due to the Aerariura. The regular 
taxes, as in the Republican period, were the poll- 
tax and land-tax. The taxation was founded on 
a census of persons and property, which was esta- 
blished by Augustus. The Portoria and other dues 
were farmed by the Publicani, as in the Repub- 
lican period. 

The governors of the Senatorial provinces and 
the legati of the Caesar received their instructions 
from him, and in all cases not thus provided for 
they had to apply to the Caesar for special direc- 
tions. The Rescripta of the Emperors to the pro- 
vincial governors are numerous. Justice was ad- 
ministered in the provinces according to the laws 
of the Provinces, and such Roman laws as were 
specially enacted for them, and according to Im- 
perial Constitutiones, Senatusconsulta and the 
Edict of the governors. In some instances the 
provisions of Roman laws were extended to the 
provinces. (Gains, i. 47 ; Ulp. Frag. xi. 20.) 

The organization of the Italian towns under the 
Empire has been already explained in the article 
Colonia ; and the same observations apply in 
general to the Senates of Provincial towns which 
have been made with respect to the functions of 
the Senates of Italian towns. Even in the pro- 
vinces the names Senate and Senator occur in the 
sense respectively of Curia and Decnriones. But 
there was a great distinction between the Magis- 
trates of Provincial and those of Italian towns. 
The functions of these personages in the Provincial 
towns were generally Munera {burdens) and not 
Honores. [Honor.es.] Such Honores as have 
reference to religious functions they certainly had, 
and probably others also ; but they had nothing 
corresponding to the Duumviri Juri dicundo of the 
Italian towns, that is, no functionary "qui jus 
dicebat." The only exception were such towns 
as had received the Jus Italicum, the effect of 
which, as elsewhere explained, appears to have 
been, in brief, to give to a certain city and district 
the same character that it would have had, if 
it had been a part of the Italic soil ; but only so 
far as affected the whole district : it did not affect 
the status of individuals. Freedom from the land- 
tax, and a free constitution in Italian form, with 
Duumviri J. D., Quinquennales, Aediles, and Juris- 
dictio were essential ingredients of this Jus Italicum. 
Sicily received the Civitas after the death of C. 
Julius Caesar, and from the occurrence of the men- 
tion of Duumviri in the inscriptions of a Sicilian 
town, Savigny draws the probable inference that 
the Sicilian towns received the Jus Italicum also : 
at least if in any case, we can show that any pro- 
vincial city had Duumviri, we may conclude that 
such city had the Jus Italicum and consequently 
Magistrates with Jurisdictio. The regular Juris- 
dictio in all the provinces was vested in the governor, 
who exercised it personally and by his legati : 
with reference to his circuits in the provincia the 
governor in the later ages of the Empire was called 
Judex Ordinarius and sometimes simply Judex. 
The towns which had the Jus Italicum were, as 
already observed, not under his immediate Juris- 
dictio, though a right of appeal to the governor 
from the judgment of the Duumviri must be con- 
sidered as always existing. The provincial towns 
had the management of their own revenue ; and 
•some of the principal towns could coin money. It 



does not appear that the religion of the provincials 
was ever interfered with, nor had it been put under 
any restraint in the Republican period. 

The constitution of Caracalla, which gave the 
Civitas to all the provinces and towns of the Empire, 
merely affected the personal status of the people. 
The land remained Provincial land, when the Jus 
Italicum had not been communicated to it. and the 
cities which had not received the Jus Italicum, 
were immediately under the Jurisdictio of the 
governors. This constitution however must have 
made considerable changes in the condition of the 
provincials, for when they all became Roman citi- 
zens, the Roman incidents of marriage, such as the 
Patria Potestas, and the Roman Law of succession 
in case of intestacy would seem to be inseparable 
consequents of this change, at least so far as the 
want of the Jus Italicum did not render it in- 
applicable. 

The constitution of the provincial towns was 
materially affected by the establishment of De- 
fensores, whose complete title is " Defensores Civi- 
tatis Plebis Loci." Until about the time of Con- 
stantine, so far as the Pandect shows, Defensor 
was the title of persons who were merely em- 
ployed in certain municipal matters of a temporary 
kind. In the year a. d. 365, the Defensores ap- 
pear as regularly established functionaries. (Cod. 
1. tit. 55. De Defeyisoribus.) They were elected 
by the Decuriones and all the city ; but, unlike 
the magistrates, they could not be elected out of 
the body of Decuriones. The office was originally 
for five years, but after the time of Justinian only 
for two years. The principal business of the De- 
fensor was to protect his town against the op- 
pression of the Governor. (Cod. 1. tit. 55. s. 4.) 
He had a limited Jurisdictio in civil matters, 
which Justinian extended from matters to the 
amount of 60 solidi to matters to the amount of 
300 solidi. There was an appeal from him to the 
Governor. (Nov. 15, c. 5.) He could not impose 
a Multa ; but he could appoint a Tutor. In cri- 
minal matters, he had only Jurisdictio in some of 
the less important cases. 

The number of Senators both in the Italic and 
provincial towns seems to have been generally one 
hundred ; and this was the number in Capua. (Cic. 
in Ridl. ii. 35.) But the number was not in all places 
the same. Besides the actual members, the Album 
Decurionum comprised others who were merely 
honorary members. The Album of the town of 
Canusium, of the year A. D. 223, which has been 
preserved, consists of 148 members, of whom 30 
were Patroni, Roman Senators, and 2 were Patroni, 
Roman Equites ; the remainder were 7 quinquen- 
nalicii, a term which is easily explained by re- 
ferring to the meaning of the term Quinquennales 
[Colonia], 4 allecti inter quinquennales, 22 duum- 
viralicii, 19 aedilicii, 21 pedani, 34 praetextati. 
The distinction between Pedani and Praetextati 
Savigny professes himself unable to explain. In 
many towns the first persons in the list of actual 
senators were distinguished from the rest, and 
generally the first Ten, as Decemprimi ; of which 
there is an example in Livy (xxix. 15. magistrates 
denosque principes) ; and in the case of Ameria, 
and of Centuripae in Sicily (Cie. pro. Ros. Amer. 
c. 9, In Verrem, ii. 67). 

It has been previously shown that at the time 
when the Roman Respublica had attained its com- 
plete developement, Italia and the Provinciae were 



PROVINCIA. 



PROVINCIA. 



069 



the two great component parts of the Empire ; and 
one great distinction between them was this, that 
in Italia the towns had magistratus with Juris- 
dictio ; in the provinces, except in places which 
had received the Jus Italicum, the governor alone 
had Jurisdictio. But with the growth and devclope- 
ment of the Imperial power, a greater uniformity 
was introduced into the administration of all parts 
of the Empire ; and ultimately Italy itself was 
under a Provincial form of government. [Colo- 
nia.] As above shown, the relation of the Governor 
to the province was not the same, when a city had 
magistratus. and when it had not ; and consequently 
it was in this respect not the same in Italy as in the 
Provinces. 

The constitution of Constantino was based on a 
complete separation of the Civil and Military- 
power, which were essentially united in the old 
system of provincial government : Justinian how- 
ever ultimately re-united the civil and military 
power in the same person. The governor who had 
Civil power was called Rector, Judex, Judex Ordi- 
narius ; and of these governors there were three 
classes, Consulares, Corrcctores, Pracsides, among 
whom the only distinction was in the extent and 
rank of their government. In the writings of the 
older jurists, which are excerpted in the Pandect, 
the Pracses is a general name for a Provincial 
governor. (Dig. 8. tit. 18.) The military power 
was given to Duces who were under the general 
superintendence of the Magistri Militum. Some 
of these Duces were called Comitcs, which was 
originally a title of rank given to various function- 
aries and among them to the Duces ; and when 
the title of Comes was regularly given to certain 
Duces, who had important commands, the name 
Dux was dropped, and Comes became a title. This 
was more particularly the case with important 
commands on the frontier. (Cod. Theod. 7. tit, 1. 
s. 9.) The Comes is mentioned in Imperial Con- 
stitutions before the Dux, whence wc infer his 
higher rank. (Cud. Theod. S. tit, 7. s. 11. Ad 
magistros militum, d comitcs, el duces omnes.) 

It remains to add a few remarks on the exercise 
of the Jurisdictio, so far as they have not been 
anticipated in speaking of the functionaries them- 
selves. In Italy, and in the towns which had the 
privileges of Italian towns, all matters as a general 
rule came before the magistratus in the first in- 
stance ; but in certain excepted matters, and in 
cases where the amount in question was above a 
certain sum (the precise amount of which is not 
known), the matter came before the governor of the 
province in the first instance, or in Italy before the 
Roman Praetor. Until the middle of the fourth 
crntury a. D. all matters in the Provincial towns, 
which had not magistratus, came before the governor 
in the first instance ; but about this time the De- 
fensor acquired a power, like that of the magis- 
tratus of the privileged towns, though more limited. 
The old form of proceeding in civil matters has 
been explained elsewhere [Judex] : the magis- 
tratus empowered the Judex to make a condem- 
natio ; and this institution was the Ordo Judi- 
ciomm Privatonim. That which the magistratus 
did without the aid of a Judex was Extra Ordi- 
ncm. [ Intkkiiictum.] The same institution pre- 
vnili-d in those towns which had a magi.ilnitm, for 
it was of the essence of n Magistratus or of Juris- 
dictio to name a Judex. (1st dull. Civil/,, c. 2n.j 
Under the emperors, it gradually became cuinmou 



for the magistratus to decide various cases without 
the aid of a Judex, and these are the Extraordi- 
nariae Cognitiones spoken of in the Digest (50. 
tit. 13). In the reign of Diocletian the Ordo Judi- 
ciorum, as a general rule, was abolished in the pro- 
vinces and the pedanei judices(hoc est qui negotia 
humiliora disceptent) were only appointed by the 
praeses when he was very much occupied with 
business, or for some trilling matters [Judex 
Peda.neis] ; (Cod. 3. tit, 3. s. 2) ; and in the 
time of Justinian the institution had entirely dis- 
appeared (Inst. 4. tit. 15. s. 8), and, as it is con- 
jectured, both in Rome and the Municipia. 

By the aid of the Judices, two Praetors were 
able to conduct the whole judicial business between 
citizens and Peregrini at Rome ; and by the aid 
of the same institution, the judicial business was 
conducted in the Jurisdictiones out of Rome. In 
no other way is it conceivable how the work could 
have been got through. But when the Ordo 
Judiciorum was abolished, the difficulty of trans- 
acting the business must have been apparent. How 
this was managed, is explained by Savigny, by re- 
ferring to the growth of another institution. Even 
in the time of the Republic, the Praetors had their 
legal advisers, especially if they were not jurists 
themselves ; and when all the power became con- 
centrated in the Caesars, they were soon obliged 
to form a kind of college, for the dispatch of busi- 
ness of various kinds and particularly judicial 
matters which were referred to the Caesar. This 
college was the Caesar's Consistorium or Audito- 
rium. The Provincial governors had their body of 
assessors, which were like the Caesar's Audito- 
rium (Dig. 1. tit, 22) ; and it is a conjecture of 
Savigny, which has the highest probability in its 
favour, that the new institution was established in 
the municipal towns and in the provincial towns, 
so that here also the magistratus and the Defensor 
had their assessors. 

Besides the Jurisdictio, which had reference to 
Litigation, the so-called Contentiosa Jurisdictio, 
there was the Voluntaria. Matters belonging to 
this Jurisdictio, as Manumission, Adoption, Eman- 
cipation, could only be transacted before the Magis- 
tratus Populi Romani, and, unless these powers 
were specially given to them, the Municipal Magis- 
trates had no authority to give the legal sanction 
to such proceedings ; though in the old Municipia 
it is probable that the power of the magistratus 
was as little limited in the Voluntaria as in the 
Contentiosa Jurisdictio. In the Imperial period it 
was usual to perform many acts before the public 
authorities, and in the three cases of large (iifts, 
the making of a Will, and the Opening of a Will, 
it was necessary for these acts to be done before 
a public authority. Such acts could be done before 
a provincial governor ; and also before the Curia 
of a city in the presence of a Magistratus and 
other persons. (Compare the Constitution of Hono 
rius. Cod. Theod. 12. tit. 1. s. 151, and a Novel of 
Volcntinian, Nov. Theod. tit, 23, with Savigny '» 
remarks on them.) 

Though the general administration of the Roman 
provinces is adequately understood, there nre dif- 
ferences of opinion as to some matters of detail ; 
one cause of which lies in the differences which 
actually existed in the administration of the pro- 
vinces and which had their origin in the different 
circumstances of their conquest and acquisition, 
and in the diversity of the native customary law in 



970 PRYTANEION. 



PSEPHISMA. 



the different provinces, with a large part of which 
the Romans originally did not interfere. A general 
view of the Provinces should therefore he completed 
and corrected by a view of the several provinces. 

The authorities for this view of the Provincial 
government have been generally referred to. They 
are, more particularly, Sigonius, De Antiquo Jure 
Provinciarum, Lib. i. — iii. ; Goettling, Geschichte 
der Romischen Staatsver/assung ; Walter, Geschichte 
des Romischen Reehts, where the authorities are 
very conveniently collected and arranged, and 
chap. xxxi. Notes 76, 79, wherein he differs from 
Savigny as to the Jus Italicum ; in chapter xxxvii. 
Walter has described the provincial divisions of 
the Empire, which existed about the middle of the 
fifth century A. D. ; Savigny, Geschichte dcs Rom. 
R. im Mittelalter, vol. i. ; Puchta, Ueber den Inhalt 
der Lex Rubria, Zeitschrift, &c, vol. x. [G. L.] 
PROVOCA'TIO. [Appbllatio, p. 107, a.] 
PROVOCATO'RES. [Gladiatores, p. 575, 
b.] 

PROXE'NTA, PRO'XENUS (Trpo&la, 
■Kpd^evos). [Hospitium.] 

PRUDENTES. [Jurisconsulti.] 

PRYTANEIUM {irpvrav^ov). The irpvTaveta 
of the ancient Greek states and cities were to the 
communities living around them, the common 
houses of which they in some measure represented, 
what private houses were to the families which 
occupied them. Just as the house of each family 
was its home, so was the TrpvTavtiov of every state 
or city the common home of its members or inha- 
bitants, and was consequently called the ctrria 
ttSAews, the "focus" or " penetrate urbis." (Cic. 
de Leg. ii. 12 ; Liv. xli. 20 ; Dionys. ii. 23, 65.) 
This correspondence between the irpvTaveiov, or 
home of the city, and the private home of a man's 
family, wa3 at Athens very remarkable. A per- 
petual fire or irvp aoSeo-Tov was kept continually 
burning on the public altar of the city in the Pry- 
taneium, just as in private houses a fire was kept 
up on the domestic altar in the inner court of the 
house. (Pollux, i. 7 ; Arnold, ad Thucyd. ii. 15.) 

The same custom was observed at the Pry- 
taneium of the Eleans, where a fire was kept burn- 
ing night and day. (Paus. v. 15. §5.) Moreover 
the city of Athens exercised in its Prytaneium the 
duties of hospitality, both to its own citizens and 
strangers. Thus foreign ambassadors were enter- 
tained here, as well as Athenian envoys on their 
return home from a successful or well conducted 
mission. (Aristoph. Acharn. 125 ; Pollux, ix. 40.) 
Here, too, were entertained from day to day the 
successive Prytanes or Presidents of the Senate, 
together with those citizens who, whether from per- 
sonal or ancestral services to the states, were 
honoured with what was called the (tittjctis iv 
TlpvTavetti!, the " victus quotidianus in Prytaneo " 
(Cic. de Orat. i. 54), or the privilege of taking 
their meals there at the public cost. This was 
granted sometimes for a limited period, some- 
times for life, in which latter case the parties 
enjoying it were called ado~iTot. The custom 
of conferring this honour on those who had been 
of signal service to the state and their descend- 
ants, was of so great antiquity that one instance 
of it was referred to the times of Codrus ; and 
in the case to which we allude the individual 
thus honoured was a foreigner, a native of Delphi. 
(Lycurg. c. Leocr. p. 158.) Another illustration of 
the uses to which the Prytaneium was dedicated, 



is found in the case of the daughters of Aristeides, 
who on the death of their father were considered 
as the adopted children of the state, and married 
from (<=/c5o0<=T(Tc«) that common home of the city, 
just as they would have been from their father's 
home had he been alive. (Plut. Arist. c. 27.) 
Moreover, from the ever-burning fire of the Pry- 
taneium, or home of a mother state, was carried 
the sacred fire which was to be kept burning in 
the prytaneia of her colonies ; and if it happened 
that this was ever extinguished, the flame was 
rekindled from the prytaneium of the parent city. 
(Duker, ad Thucyd. i. 24.) Lastly, a Prytaneium 
was also a distinguishing mark of an independent 
state, and is mentioned as such by Thucydides (ii. 
15), who informs us that before the time of 
Theseus, every city or state (ir6\is) of Attica pos- 
sessed a prytaneium. The Achaeans, we are told 
(Herod, vii. 197), called their prytaneium A-rjiTou 
(from Aews, populus), or the " town-hall," and 
exclusion from it seems to have been a sort of civil 
excommunication. 

The Prytaneium of Athens lay under the 
Acropolis on its northern side (near the ayopd), 
and was, as its name denotes, originally the place 
of assembly of the XlpvravA ; in the earliest times 
it probably stood on the Acropolis. Officers called 
npvraveis were entrusted with the chief magi- 
tracy in several states of Greece, as Corcyra, 
Corinth, Miletus, and the title is sometimes sy- 
nonymous with PaaiAeh, or princes, having appa- 
rently the same root as irparos or Trporaros. At 
Athens they were in early times probably a ma- 
gistracy of the second rank in the state (next to 
the Archon), acting as judges in various cases 
(perhaps in conjunction with him), and sitting in 
the Prytaneium. That this was the case is ren- 
dered probable by the fact, that even in aftertimes 
the fees paid into court by plaintiff and defendant, 
before they could proceed to trial, and received by 
the dicasts, were called irpvTaveia. (Pollux, viii. 
38.) This court of the Prytaneium, or the rh eirl 
YlpvTaveitp, is said (Pollux, viii. 120) to have been 
presided over by the <pvAo§ao-i\e?s, who perhaps 
were the same as the irpvTaveis. 

In later ages, however, and after the establish- 
ment of the courts of the Heliaea, the court of the 
Prytaneium had lost what is supposed to have been 
its original importance, and was made one of the 
courts of the Ephetae, who held there a species of 
mock trial over the instruments by which any indi- 
vidual had lost his life, as well as over persons who 
had committed murder, and were not forthcoming 
or detected. 

The tablets or &£oves otherwise /cup&eis, on 
which Solon's laws were written (Plut. So!. 25), 
were also deposited in the Prytaneium (Paus. i. 
18. § 3) ; they were at first kept on the Acropolis, 
probably in the old Prytaneium, but afterwards 
removed to the Prytaneium in the ayopd, that 
they might be open to public inspection. (Pollux, 
viii. 128.) Ephialtes is said to have been the author 
of this measure (Harpocrat. s.v. 'O KdraiBev v6/j.os), 
but their removal may have been merely the con- 
sequence of the erection of a new Prytaneium on 
the lower site in the time of Pericles. (Thirlwall, 
Hist, of Greece, vol. ii. p. 54.) [R. W.] 

PRYTANES (TrpvTaveh). [Boule, pp. 210, 
212 ; Prytaneium.] 

PSEPHISMA (^nr/io). [Boule, pp. 210, 

211 ; NOMOTHETES.] 



PSEPHUS. 



PSEUDEXGRAPHES GRAPH E. 971 



PSEPHUS (ini<pos). The Athenian dicasts, 
in giving their verdict, voted by baliot. For this 
purpose they used either sea-shells, x°'P l >" u (Aris- 
toph. Vesp, 333, 349, En. 1332), or beans (hence 
the Sij/ios is called Kvafwrpdi^ by Aristophanes, 
Eq. 41), or balls of metal (anovZvXot) or stone 
(\j^7(poi). These last were the most common : hence 
ipTI<pi£e<r6at, and its various derivatives, are used so 
often to signify voting, determining, &c. The balls 
were either pierced {rfrpvir-ijaivai) and whole 
(7rA7jpe7s), the former for condemnation, the Litter 
for acquittal (Acsch. c. Timarch. II, ed. Steph. ; 
Harpoc. s. v. TtrpwrnfiivT)) ■ or they were black 
and white, for the same purposes, respectively, as 
the following lines show (Ovid. Met. xv. 41) : — 

"Mos erat antiquus niveis atrisque lapillis, 
His damnare rcos, illis absolvere culpa.*' 

There might be three methods of voting. First, 
the secret method, called KpvSSyv tynQi&tjBat, 
when each dicast had two balls given him (say a 
black and a white J ; two boxes (kuSoi, koSio-koi, 
or afitpopth) were prepared, one of brass, called 
the judgment-box (xvpiot), into which the dicast 
put the ball by which he gave his vote, and the 
other of wood, called Sxupos, into which he put 
the other ball, and the only object of which was 
to enable him to conceal his vote. Each box had a 
neck or funnel (kij/kSj, i. e. 4vi6rjfia pias \^jj<f>ou 
X<epcw (xov), into which a man could put his hand, 
but only one ball could pass through the lower part 
into the box. (Aristoph. Vesp. 99, 751.) Secondly, 
there might be only one box, in which the dicast 
put which of the two balls he pleased, and return- 
ed the other to the officer of the court. Thirdly, 
there might be two boxes, one for condemnation, 
the other for acquittal, aud only one Ijall. (Harpoc. 
5. r. KoZ'utkos.) The first method was most com- 
monly practised at Athens. Where, however, 
there were several parties before the court, as in 
inheritance causes, to one of whom an estate or 
other thing was to be adjudged, it was customary 
to have as many ballot-boxes as there were parties, 
or at least parlies in distinct interests ; and the 
dicast put the white or whole ball into the box of 
that person in whose favour he decided. [Hehes 
(ObIII).] The same system of balloting was 
employed when the dicasts voted on the question 
of damages. Hence the verdict on the question, 
guilty or not guilty, or for the plaintiff or defendant 
(to distinguish it from the other), is called npum) 
1^17*01. (Aesch. c. ttet. 82, ed. Steph. ; Demosth. 
ile /■'ah. Jsg. 434, c. Aristocr. 676, c. Aristog. 795, 
c. Neaer. 1347.) A curious custom was in vogue 
in the time of Aristophanes. Each dicast had n 
waxen tablet, on which, if the heavier penalty was 
awarded, he drew a long line (lengthway on the 
tablet) ; if the lighter penalty, he drew a short 
line (breadth way on the tablet). We must sup 
pose, not that the voting took place in this way, 
but that, on the votes being counted, the jurors 
took a note of the result for their own satisfaction ; 
unless we resort to this hypothesis, viz. th.it the 
drawing lines on the tablets was an net preliminary 
to the division, whereby the jury intimated to the 
parties how the matter wns likely to go, unless 
they came to a compromise. Such intimation 
might be necessary in those cases, where, the esti- 
mates of the parties being widely different, the 
one proposing too high a penalty, the other too low 
a one, the jury wished to inform the more un- 



reasonable party, that, unless he offered them some 
better alternative, they should adopt the estimate 
of his adversary. (As to this point, see Meier, 
Att. Proc. p. 181.) The tablet is called by Aristo- 
phanes vivaKiov -riuTjTiKOv. In the expression 
Ti/mv tt\v uanp&v, we understand ypau^v or 
TtHHaiv {Vesp. 10G, 167,050). See Pollux, viii. 
16, 17, 123; Meier, Att. Proc. pp.720. 726 ; 
Platner, Proc. und Klag. vol. L p. 1 88 ; Wachs- 
muth, vol. ii. pt. i. p. 344. 

In the popular assemblies the common method 
of voting was by show of hands. [Cheikotonia.] 
There were some occasions, however, when the 
ballot was employed ; as where it was deemed im- 
portant that the voting should be secret, or that 
the numbers should be accurately counted. Thus, 
to pass a law for the naturalization of a foreigner, 
or for the release of a state debtor, or for the resto- 
ration of a disfranchised citizen, and indeed in 
even- case of a privilegium, it was necessary that 
six thousand persons should vote in the majority, 
and in secret. (Andoc. de Myst. 12, ed. Steph. ; 
Demosth. c. Timoc. 715, 719, c. Neaer. 1375.) 
On the condemnation of the ten generals who 
gained the battle of Arginusae, the people voted 
by ballot, but openly, according to the second of 
the plans above mentioned. The voting was then 
by tribes, Kara <pv\as. (Xcn. Hell. i. 7. § 9.) 
Secret voting by the Senate of Five Hundred is 
mentioned in Aeschines (c. Timarch. 5, ed. Steph.); 
and in ostracism the voting was conducted in secret. 
(Schbmann, De Comit. pp. 121 — 128, 245.) 

The people orjury were said tywplfarOai, tyrjipov 
<p(p(iv or dfVflat, to rote, or gice their vote or 
judgment. Vyipov riBivca, to cast accounts, is used 
with a different allusion. (Demosth. pro Cor. 304.) 
The presiding magistrate or officer, who called on 
the people to give their votes, was said imtyri<pi(tiy, 
tyritpov ivdyety or 5i!oVai, though the last expres- 
sion is also used in the sense of toting in favour of 
a person. "*T)(pr(W0ai, to vote, to resolve, airo- 
\Jrr)<pifta0ai, to acr/uit, and other derivations from 
i^i)<f>os, arc often used metaphorically, where the 
method of voting was x f 'P OTOt '' a , and conversely. 
Xtiporrovuv, however, is not used, like ^n)<pi^ta0at, 
with the accusative of the thing voted. As to 
this see Schbmann, de Comitiis, p. 123. [C. R. K.] 

PSEL' DENG RAPHES GRAPH E (<J/«w- 
Sf77po<pijs ypcup-i}). It is shown under Pkac- 
tores that the name of ever)- state debtor at 
Athens was entered in a register .by the practorcs, 
whose duty it was to collect the debts, and erase 
the name of the party when he had paid it. The 
entry was usually made upon a return by some 
magistrate, to whom the incurring of the debt be- 
came officially known ; as, for instance, on a re- 
turn by the irwA^rai, thai such a person had 
become a lessee of public lands, or larmer of 
taxes, at such a rent or on such terms. In case, 
however, the authorities neglected to make the 
proper return, nny individual might, on his own 
responsibility, give information to the registering 
officers of the existence of the di-bt ; nnd thereupon 
the officers, if they thought proper, might make an 
entry accordingly, though it would probably be 
their duty to make some inquiry Iwfore so doing. 
If they made n false entry, either wilfully, or upon 
the suggestion of another person, the aggrieved 
party might institute a pmseeution against them, 
or against the person upon whose suggestion it wan 
made. Such prosecution was called ypcuph •'■■<>- 



972 PSEUDOCLETEIAS GRAPH E. 



PUBLICANI. 



Seyypacprjs. It would lie also, where a man was 
registered as debtor for more than was really due 
from him. And the reader must understand the like 
remedy to be open to one, who was falsely recorded 
as a debtor by the rafxiai tuv $e£iv. Whether 
this form of proceeding could be adopted against 
magistrates for making a false return, or whether 
the remedy against them could only be at the 
eVixeipoTociai or evBvvai, we cannot say. The 
ypacp-t] ^ivSeyypacprjs was brought before the 
Thesmothetae. If the defendant was convicted, 
the name of the complainant was struck out of the 
register, and that of the defendant was entered in 
his stead, as debtor for the same amount. The 
ypcupT) fiovKevcreais was similar to this ; only it lay 
in those cases where a man, who had been a state 
debtor, had paid all that was due, but his name 
was not erased, or having been erased, was re- 
entered. We may presume, that fraudulent or 
malicious motives were necessary to be proved on 
such a charge ; but it is reasonable also to suppose 
that in any case of gross negligence, fraud or 
malice might (as matter of course) be presumed by 
the dicasts. (Pollux, viii. 40, 43 ; Harpoc. and 
Suid. s. vv. BouAeucreus, ^/evSsyypa<p^, \p€vSey- 
ypa<pos S'ikti ; Biickh, Publ. Econ. of Alliens, pp. 
349, 390, 2d ed. ; Meier, Att. Proc. p. 337 ; 
Platner, Proc.und Klag. vol. ii. p. 117.) [C. R. K.] 
PSEUDOCLETEIAS GRAPH E {^vSo- 
K\7]Teias ypacpi)), a prosecution against one, who 
had appeared as a witness (/cArjTTjp or KArj-rajp) to 
prove that a defendant had been duly summoned, 
and thereby enabled the plaintiff to get a judgment 
by default. To prevent fraud, the Athenian law 
directed that the names of the witnesses who at- 
tended the summons should be subscribed to the 
bill of plaint or indictment (eyKArj/xa), so that the 
defendant, if he never had been summoned, and 
judgment had nevertheless been given against him 
by default, might know against whom to proceed. 
The false witness (kAijt^p) was liable to be crimi- 
nally prosecuted, and punished at the discretion 
of the court. Even death might be inflicted in a 
case of gross conspiracy. (Demosth. c. Nicost. 
1252.) A person thrice convicted of this offence 
was, as in the case of other false testimony, ipso 
jure disfranchised ; and even for the first offence the 
jury might, if they pleased, by a,TrpoaT'i/j.i}ais inflict 
the penalty of disfranchisement upon him. (Andoc. 
de Myst. 10, ed. Steph. ; Meier, de Bon. Damn. 
p. 125.) Here we may observe this distinction, 
that the proceeding against the false witness to a 
summons was of a criminal nature, while the wit- 
ness in the cause {(idprvp) was liable only to a civil 
action. The cause might be that the former offence 
was more likely to do mischief. The magistrate, 
before whom the defendant neglected to appear, 
when by the evidence of the witness it was shown 
that he had been duly summoned, had no discre- 
tion but to pronounce judgment against him ; 
whereas the dicasts, to whom the witness gave 
false evidence at the trial, might disbelieve him 
and find then' verdict according to the truth. If 
the fraud was owing to a conspiracy between the 
plaintiff and the witness, it is probable that an 
action at the suit of the defendant would lie against 
the former, to recover compensation ; for, though 
the conviction of the witness would lead to a re- 
versal of the judgment, still he (the defendant) 
might have suffered damage in the meantime, 
which the setting aside of the judgment would not 



repair. Such action (it has been conjectured) 
might be a Sikti ovKotyavrias, or perhaps KaKorex- 
viwv. If the name of the witness had been fraudu- 
lently used by the plaintiff, and the witness had 
thereby been brought into trouble, we may con- 
clude, by analogy to the case of other witnesses, 
that he had a S'ikti P^dg-qs against the plaintiff. 
(Demosth. c. Aphob. 849.) The ypcupr] tpevSo- 
KA7jTei'as came before the Thesmothetae, and the 
question at the trial simply was, whether the de- 
fendant in the former cause had been summoned or 
not. (Platner, Proc. mid Klag. vol. i. p. 417 ; 
Meier, Att. Proc. pp. 336, 577, 758.) [C. R. K.] 

PSEUDODI'PTEROS. [Temflum.] 

PSEUDOMARTYRION GRAPHE (^uSo- 
fiapTvpiwv ypcupi)). [Martyria, p. 734, b.] 

PSILI (ij/iAoi'). [Arma.] 

PSYCTER (\pvKTi)p, dim. ipvKTTjpiSiov), a wine- 
cooler. (Plat. Conviv. p. 332, d ; Tim. Lex. Plat, 
s.v. ; Menander, p. 177, ed. Meineke ; Athen. xi. 
pp. 469, 502, 503.) The vessel specially adapted 
for this operation, was sometimes made of bronze 
(Athen. iv. p. 142) or silver (v. p. 199). One of 
earthenware is preserved in the Museum of Anti- 
quities at Copenhagen. It consists of one deep 
vessel for holding ice, which is fixed within another 
for holding wine. The wine was poured in at the 
top. It thus surrounded the vessel of ice and was 
cooled by the contact. It was drawn off so as to 
fill the drinking-cups by means of a cock at the 
bottom. Thus the ipvKT-qp was a kind of Crater ; 
and accordingly, where Phylarchus (ap. Athen. iv. 
p. 142) in describing the mode of life of Cleomenes, 
King of Sparta, uses the former term, Plutarch 
(C/eom. p. 1486, ed. Steph.) adopts the latter. 

The size of the i\ivktt)p was very various. It 
contained from 2 quarts (Plat. I. c.) to a great 
number of gallons. (Athen. v. p. 199, d. f.) It was 
sometimes given as a prize to the winners in the 
game of the Cottabos. [J. Y.] 

PUBES, PUBERTAS. [Curator ; Im- 

PUBES ; INPANS.] 

PUBLICA'NI, farmers of the public revenues 
of the Roman state {vucligalia). Their name is 
formed from publicum, which signifies all that be- 
longs to the state, and is sometimes used as sy- 
nonymous with vectigal. (Dig. 39. tit. 4. s. 1. 
§ 1 ; 50. tit. 16. s. 16 ; Suet. Nero, 1 ; Cic. pro 
Rabir. Post. 2 ; Val. Max. vi. 9. § 7.) The re- 
venues which Rome derived from conquered coun- 
tries, consisting chiefly of tolls, tithes, harbour 
duties, the scriptura or the tax which was paid 
for the use of the public pasture lands, and the 
duties paid for the use of mines and salt-works 
(salinae), were let out, or, as the Romans ex- 
pressed it, were sold by the censors in Rome itself 
to the highest bidder. (Cic. de Leg. Agr. ii. 21, 
c. Verr. iii. 7.) This sale generally took place in 
the month of Quinctilis and was made for a lus- 
trum. (Macrob. Sat. i. 12.) The terms on which 
the revenues were let, were fixed by the censors 
in the so-called leges censoriae. (Cic. ad Quint. Frat. 
i. 1 ; Varro, de Re Rust. ii. 1 ; Fest. s. v. Pro- 
duit.) The people or the senate however sometimes 
modified the terms fixed by the censors in order to 
raise the credit of the publicani (Plut. Flamin. 19 ; 
Polyb. vi. 17 ; Liv. xxxix. 44), and in some cases 
even the tribunes of the people interfered in this 
branch of the administration. (Liv. xliii. 16.) The 
tithes raised in the province of Sicily alone, with 
the exception of those of wine, oil, and garden 



PUBLICAN I. 



PUBLICAN! 



973 



produce, were not sold at Rome, but in the dis- 
tricts of Sicily itself, according to a practice estab- 
lished by Hiero. (Cic.c. Verr. ii. 3, 64, 6ic.) The 
persons who undertook the farming of the public 
revenue of course belonged to the wealthiest Ro- 
mans. Their wealth and consequent influence may 
be seen from the fact, that as early as the second 
Punic war, after the battle of Cannae, when the 
aerarium was entirely exhausted, the publicani ad- 
vanced large sums of money to the state, on condi- 
tion of repayment after the end of the war. ( Yal. 
Max. v. 6. § 8 ; Liv. xjriv. 1 8 ; compare xxiii. 
48, &c.) But what class of Romans the publicani 
were at this time is not stated ; scarcely half a 
century later however we find that they were 
principally men of the equestrian order (Liv. xliii. 
16) ; and down to the end of the republic, as well 
as during the early part of the empire, the farming 
of the public revenues was almost exclusively in 
the hands of the cquites ; whence the word cquites 
and publicani are sometimes used as synonymous. 
(Cic. c. Verr. i. 51, ii. 71, ad Att. ii. 1 ; Suet 
Aug. 24 ; Tacit Annul, iv. 6.) 

The publicani had to give security to the state 
for the sum at which they bought one or more 
branches of the revenue in a province ; but as for 
this reason the property of even the wealthiest in- 
dividual must have been inadequate, a number of 
equitcs generally united together and formed a 
company (socii, societas or corpus), which was re- 
cognized by the state (Dig. 3. tit 4. s. 1), and by 
which they were enabled to carry on their under- 
takings upon a large scale. Such companies ap- 
pear as early as the second Punic war. (Liv. 
xxiii. 48, 49.) The shares which each partner of 
such a company took in the business, were called 
partes, and if they were small, particulae. (Cic. 
pro Rabir. Post. 2 ; Val. Max. vi. 9. § 7.) The 
responsible person in each company, and the one 
who contracted with the suite, was called manceps 
(Kcst. s. v. ManetpM ; Pscudo-Ascon. in Dirintd. p. 
113, ed. Orclli.) [Manceps] ; but there was also a 
magister to manage the business of each society, 
who resided at Rome, and kept an extensive cor- 
respondence with the agents in the provinces. (Cic. 
oil All. v. 15, c. Verr. ii. 74.) He seems to have 
held his office only for one year ; his representa- 
tive in the provinces was called sub magistro, who 
had to travel about and superintend the actual 
business of collecting the revenues. The apx'Tf- 
AuKr)t in St Luke (xix. 2) was probably such a 
nib magistro. The magister at Rome bad also to 
keep the accounts which were sent in to him (tubu- 
lar, aaxpti tl rjj»n*i). The credit of they com- 
pnnics of publicani and the nourishing state of 
their finances were of the utmost importance to 
the state, nnd in fact its very foundation: of 
this the Romans were well aware (Cic. pro Lsg. 
Aland. 6), and Cicero therefore calls them the 
omamcntum civitatis et firmninentum rcipublicae." 
(Comp. pro I'lanc. 9.) It has been already men- 
tioned that the publicani, in case of need, acted 
as a kind of public bank and advanced sums of 
money to the state (compare Cic. ad /■'am. v. 20), 
which therefore thought them worthy of its es- 
pecial protection. But they abused their power 
nt an early period, in the provinces as well as at 
Home itself; and Livy (xlv. 18) says, " ubi pub- 
iicanus est, ibi nut jus publicum vanum, aut libcr- 
tas sociis nulla." (Compare Liv. xxv. 3, 4.) 

Nobody but a Roman citizen was allowed to 



become a member of a company of publicani ; freed- 
men and slaves were excluded. (Pseudo-Ascon. in 
Divinat. p. 113 ; Cic. c. Verr. iii. 39.) No 
Roman magistrate however, or governor of a pro- 
vince, was allowed to take any share whatever in 
a company of publicani (Cic. c. Verr. iii. 57), a regu- 
lation which was chiefly intended as a protection 
against the oppression of the provincials. During 
the later period of the empire various changes 
were introduced in the farming of the public reve- 
nues. Although it was, on the whole, a rule that 
no person should be compelled to take any share 
in a company of publicani, yet such cases some- 
times occurred. (Burmann, Veeiig. Pop. Horn. 
p. 138, etc.) From the time of Constantine the 
leases of the publicani were generally not longer 
than for three years. (Cod. 4. tit 61. s. 4.) 
Several parts of the revenue which had before been 
let to publicani, were now raised by especial offi- 
cers appointed by the emperors. (Burmann, I. c. 
p. 141, &c.) 

All the persons hitherto mentioned as members 
of these companies, whether they held any office 
in such a company or not, and merely contributed 
their shares and received their portions of the 
profit (Cic. ad Att. i. 19 ; Nepos, At!. 6), did not 
themselves take any part in the actual levying or 
collecting of the tixes in the provinces. This part 
of the business was performed by an inferior class 
of men, who were said operas publicunis dare, or 
esse in operis societalis. (Val. Max. vi. 9. § 8 ; 
Cic c. Verr. iii. 41, ad pant, xiii. 9 ; compare 
c. Verr. ii. 70, pro Plane. 19.) They were en- 
gaged by the publicani, and consisted of freemen 
as well as slaves, Romans as well as provincials. 
(Cic. c. Verr. ii. 77, de Prov. Cons. 5.) This 
body of men is called Jamilia publieanorum, and 
comprehended, according to the praetor's edict 
(Dig. 39. tit. 4. s. 1), all persons who assisted the 
publicani in collecting the vectigal. Various laws 
were enacted in the course of time, which were 
partly intended to support the servants of the 
publicani in the performance of their duty, and 
partly to prevent them from acts of oppression. 
(See Digest 39. tit 4 : Dc Puhticunis et recti- 
galib. el commissis ; Gains, iv. 28.) 

The separate branches of the public revenue in 
the provinces (decumae, portoria, srrijitura, and 
the revenues from the mines and saltworks) were 
mostly leased to separate companies of publicani ; 
whence they were distinguished by names de- 
rived from that particular branch which they hnd 
taken in farm ; e.g. decumani, pecunrii or scrip- 
turarii,salinariiormancipen salinanim, ice. (Pscudo- 
Ascon. 1. c. ; compare Drcu.mak, Poktdiuii.m, 
Salinak, SciiM'ti ka.) On some occasions, how- 
ever, one company of publicani fanned two or 
more branches at once ; thus we have an instance 
of a socieUu farming the portorium and the scrip- 
turn at the same time. (Cic. c. Verr. ii. 70.) 
The commentator, who goes by the name of 
Asconius, asserts that the portitores were publi- 
cani who fanned the portorium ; but from nil 
the passages where they are mentioned in ancient 
writers, it is beyond all doubt that the portitores 
were not publicani properly so called, but only 
their servant* engaged in examining the goods 
imported or exported, nnd levying the custom- 
duties upon them. They belonged to the sumo 
class as the publicans of the New Testament. 
(St Luke, v. 27, 29.) Respecting the impudent 



974 PUBLICIANA IN REM ACTIO. 



PUGILATUS. 



way in which these inferior officers sometimes be- 
haved towards travellers and merchants, see Plant. 
Menaech. i. 2. 5, &c. ; Cic. ad Quint. Fr. i. 1 ; 
Plut. de Curiosit. p. 518, e. (Compare Burmann, 
de Vectig. c. 9.) [L. S.] 

PUBLICIA'NA IN REM ACTIO, was given 
to him who had obtained possession of a thing ex 
justa causa, and had lost the Possession "before he 
had acquired the ownership by Usucapion. This 
was a Praetorian action, so called from a Praetor 
Publicius ; and the fiction by which the Possessor 
was enabled to sue, was that he had obtained the 
ownership by Usucapion. (Gaius, iv. 36, where 
the intentio is given.) This actio was an incident 
to every kind of possessio which was susceptible 
of Usucapion (the thirty years' excepted). In 
the old Roman Law, this Actio resembled the 
Vindicatio, and in the newer Roman Law it was 
still more closely assimilated to it, and consequently 
in this actio, mere Possession was not the only 
thing considered, but the matter was likened to 
the case where ownership and Possession were ac- 
quired at the same time by Occupatio or Traditio. 
Accordingly Possessio for the purposes of Usuca- 
pion may be viewed in two ways : viewed with 
respect to the ownership of which it is the founda- 
tion, it is an object of jurisprudence as bare Pos- 
session ; viewed with reference to the Publiciana 
Actio, which is incident to it, it is viewed as 
ownership. The owner of a thing might avail 
himself of this action, if he had any difficulty in 
proving his ownership. 

This action was introduced for the protection of 
those who had a civilis possessio, but that only, 
and consequently could not recover a thing by the 
Rei vindicatio, an action which a man could only 
have, when he had the Quiritarian ownership of a 
thing. According to the definition a man could 
have this actio both for a thing which he had 
in bonis and for a thing of which he had a civilis 
possessio, without having it in bonis. When he 
had the thing in bonis his action was good against 
the Quiritarian owner, for if such owner pleaded 
his ownership, the plaintiff might reply that the 
thing had been sold and delivered and therefore 
was his in bonis. The Publiciana actio of the 
plaintiff who had a civilis possessio, without having 
the thing in bonis, was not good against the 
owner, who had the right of ownership, in fact, 
while thG plaintiff had it only in fiction ; nor was 
it valid against another who had a Civilis possessio 
as good as his own. His action was good against a 
Possessor who had not a civilis possessio. In this 
action the plaintiff had to prove that he possessed 
civiliter, before the time when he lost the pos- 
session. [Possessio.] 

The object of the action was the recovery of the 
thing and all that belonged to it (cum omni causa). 
In the legislation of Justinian, the distinction be- 
tween Res Mancipi and Nec Mancipi was abolished, 
and ownership could in all cases be transferred by 
tradition. The Publiciana actio therefore became 
useless for any other purpose than a case of bonae 
fidei possessio, and this seems to explain why the 
words " non a domino " appear in the Edict as 
eked in the Digest (6. tit. 2. s. 1), while they do 
not appear in Gaius (iv. 36). 

The Publiciana actio applied also to Servitutes, 
the right to which had not been transferred by 
Mancipatio or In jure cessio, but which had been 
enjoyed with the consent of the owner of the 



land. As the legislation of Justinian rendered 
the old forms of transfer of servitutes unnecessarj', 
the Publiciana actio could then only apply to a 
case of Possessio. 

(Dig. 6. tit. 2 ; Inst. 4. tit. 6 ; Savigny, Das 
RecJit des Besitzes, p. 1 3, Sth ed. ; Puchta, Inst. 
ii. § 233 ; Mackeldey, Lehrbuch, 12th ed. § 270, 
and the notes). [G. L.] 

PU'BLICUM. [Aerarium, p. 23, b.] 
PUBLICUM, PRIVATUM JUS. [Jus, p. 
657, b.] 

PU'BLICUS AGER. [Ager.] 
PUER. [Servus.] 

PUGILA'TUS (irw|, irvyfii], irvy/xaxia, irvyfxo- 
o*iVi7), boxing. The fist (pugnus, iri5|) being the 
simplest and most natural weapon, it may be 
taken for granted that boxing was one of the 
earliest athletic games among the Greeks. Hence 
even gods and several of the earliest heroes are 
described either as victors in the irvy/xTj, or as dis- 
tinguished boxers, such as Apolln, Heracles, Ty- 
deus, Polydeuces, &c. (Paus. v. 7. § 4 ; Theocrit. 
xxiv. 113 ; Apollod. iii. 6. § 4 ; Paus. v. 8. § 2.) 
The Scholiast on Pindar (Nem. v. 89) says that 
Theseus was believed to have invented the art of 
boxing. The Homeric heroes are well acquainted 
with it. (Horn. II. xxiii. 691, &c. ; compare Od. 
viii. 103, &c.) The contest in boxing was one of 
the hardest and most dangerous, whence Homer 
gives it the attribute aKryewi). (II. xxiii. 653.) 
Boxing for men was introduced at the Olympic 
games in 01. 23, and for boys in 01. 37. (Pans. 

v. 8. § 3.) Contests in boxing for boys are also 
mentioned in the Nemea and Isthmia. (Paus. vi. 
4. §6.) 

In the earliest times boxers (pugiles, iriVnu) 
fought naked, with the exception of a (dfia round 
their loins (Horn. //. xxiii. 683 ; Virg. Acn. v. 
421) ; but this was not used when boxing was in- 
troduced at Olympia, as the contests in wrestling 
and racing had been carried on here by persons 
entirely naked ever since 01. 15. Respecting the 
leathern thongs with which pugilists surrounded 
their fists, see Cestus, where its various forms are 
illustrated by wood-cuts. 

The boxing of the ancients appears to have re- 
sembled the practice of modem times. Some par- 
ticulars, however, deserve to be mentioned. A 
peculiar method, which required great skill, was 
not to attack the antagonist, but to remain on the 
defensive, and thus to wear out the opponent, 
until he was obliged to acknowledge himself to be 
conquered. (Dio Chrysost. Melanc. ii. orat. 29 ; 
Eustath. ad II. p. 1322. 29.) It was considered 
a sign of the greatest skill in a boxer to conquer 
without receiving any wounds, so that the two 
great points in this game were to inflict blows, 
and at the same time not to expose oneself to 
any danger (7rAr)7^ Kal (puXaK^, J. Chrysost. 
Serm. vii. 1 ; Plut. Sympos. ii. 5 ; compare Paus. 

vi. 12. § 3). A pugilist used his right arm chiefly 
for fighting, and the left as a protection for his 
head, for all regular blows were directed against 
the upper parts of the body, and the wounds in- 
flicted upon the head were often very severe and 
fatal. In some ancient representations of boxers 
the blood is seen streaming from their noses, and 
their teeth were frequently knocked out. (Apol- 
lon. Rhod. ii. 785 ; Theocrit. ii. 126 ; Virg. 
Aen. v. 469 ; Aelian. V. H. x. 19.) The ears 
especially were exposed to great danger, and 



PUG 10. 



PULVINAR. 



975 



with regular pugilists they were generally much 
mutilated and broken. (Plat. Gorg. p. 516; 
Prolag. p. 342 ; Martial, vii. 32. 5.) Hence in 
works of art the ears of the pancratiasts always 
appear beaten flat, and although swollen in some 
parts, are yet smaller than ears usually are. In 
order to protect the ears from severe blows, little 
covers, called afupwriSes, were invented. (Pollux, 
ii. 82 ; Etymol. Mag. s. v.) But these ear-covers 
which, according to the Etymologist, were made 
of brass, were undoubtedly never used in the 
great public games, but only in the gymnasia and 
palaestrae, or at most in the public contests of 
boxing for boys ; they are never seen in any 
ancient work of art. 

The game of boxing, like all the other gymnas- 
tic and athletic games, was regulated by certain 
rules. Thus pugilists were not allowed to take 
hold of one another, or to use their feet for the 
purpose of making one another fall, as was the 
case in the pancratium. (Plut. Symp. ii. 4 ; Lu- 
cian, Anach. 3.) Casts of death either during the 
fight itself or soon after, appear to have occurred 
rather frequently (Schol. ad I'ind. 01. v. 34), but 
if a fighter wilfully killed his antagonist, he was 
severely punished. (Paus. viii. 40. § 3, vi. 9. 
§ 3.) If both the combatants were tired without 
wishing to give up the fight, they might pause 
a while to recover their strength ; and in some 
cases they are described as resting on their knees. 
(Apollon. Rhod. ii. 06 ; Stat. 7VA. vi. 796.) If 
the fight lasted too long, recourse was had to a 
plan called Kkifiat, that is, both parties agreed not 
to move, but to stand still and receive the blows 
without using any means of defence, except a cer- 
tain position of the hands. ( Eustath. ail II. xxiii. 
p. 1324 ; Paus. viii. 40. § 3.) The contest did 
not end until one of the combatants was compelled 
by fatigue, wounds or despair, to declare him- 
self conquered (inayopt iitiv, Pans. vi. 10. § 1), 
which was generally done by lifting up one hand. 
(Plut. LgcurgAH.) 

The Ionians, especially those of Samos, were at 
all times more distinguished pugilists than the 
Dorians, and at Sparta boxing is said to have 
been forbidden by the laws of Lycurgus. (Paus. 
vi. 2. § 4 ; Plut Lgemrg. 1 9.) But the ancients 
generally considered boxing as a useful training 
for military purposes, and a part of education no 
less important than any other gymnastic exercise. 
( l.ucian, AruuJi. 3 ; Plut. Cat. Mqj. 20.) Even in 
n medical point of view, boxing was recom- 
mended as n remedy against giddiness and chronic 
headaches. (Aretaeus, iJe Mnrli. diut. air. i. 2.) 

In Italy boxing appears likewise to have been 
practised from early times, especially among the 
Etruscans. (Liv. i. 35; Dionys. vii. 72) It 
continued as a popular game during the whole 
period of the republic as well as of the empire. 
(Suet. An,/. 45 ; Cie. />•■ /.<;/. ii. 15, 18 ; Taeit. 
Annal. xvi. 21 ; Sui t. Calig. 18.) See Krause, 
/)" Cymnastik und Agon. d. Ilelhnrn, pp. 497 — 
S34. [L.S.J 

PUGILLA'RES. [Tabulae.] 

PU'OIO (^cixoipo, dim. tia\alpiov ; iyxupl- 
8iok), a dagger ; a two-edged knife, commonly of 
bronze, with the handle in many cases variously 
ornamented or enriched, sometimes made of the 
hard black wood of the Syrian terebinth. (Theophr. 
//. /'. v. § 2.) The accompanying woodcut shows 
three ancient daggers. The two upper figures arc 



copied from Beger ( T/ies. Brand, vol. iii. pp.398, 
419): the third represents a dagger about afoot 
long, which was found in an Egyptian tomb, and 
is preserved in the Museum at Leyden. The 
middle figure is entirely of metal. The handles 
of the two others were fitted to receive a plate of 
wood on each side. The lowermost has also two 
bosses of ivory or horn, and shows the remains of 
a thin plate of gilt metal, with which the wood 
was covered. 




In the heroic ages the Greeks sometimes wore 
a dagger suspended by the sword on the left side 
of the body [Gladius], and used it on all oc- 
casions instead of a knife. (Horn. II. iii. 271 ; 
Athen. vi. p. 232, c.) The custom is continued to 
the present day among the Arnauts, who are de- 
scended from the ancient Greeks. (Dodwcll, 
Tour, vol. i. p. 133.) The Romans (see wood- 
cuts, pp. 2, 554), wore the dagger as the Persians 
did [Acinaces] on the right side, and conse- 
quently drew it with the thumb at the Upper part 
of the hilt, the position most effective for stabbing. 
The terms pugio and iyxupiSiov denote both its 
tmallncss and the manner of grasping it in the 
hand (iri/f, pugnus). In the same way we must 
understand "the tuo swords" (duos glad Yos, Gell. 
ix. 13) worn by the Gallic chieftain, slain by 
Manlius Torquatus ; and the monuments of the 
middle ages prove that the custom long continued 
in our own and in adjoining countries. (See Sto- 
thard, Men, I'.ffinies of 67. Britain.) Among some 
of the northern nations of Europe, a dirk was con- 
stantly worn on the side, and was in readiness to 
be drawn on even, - occasion. (Ovid. Trist. v. 8. 
1 9, 20.) The Chaly bes employed the same weapon, 
stabbing their enemies in the neck. (Xen. A nub. 
iv. 7. § 16.) For the Greek horsemen the dagger 
was considered preferable to the long sword as a 
weapon of offence. (Xen. d<; He Kaimt. xii. 
11) [J.Y.] 

PULLA'RIUS. [Augur, p. 1 76, a.] 

PtrUMTl'.M [Tiik.uk. M.l 

PULV'I'NAK. A representation of the mode 
of using cushions or pillows (putriiti), to recline 
upon at entertainments, is given in the wood-cut 
under Symposium. The most luxurious of such 
cushions were stuffed with swan's-down. (Mart, 
xiv. 161.) An nncient Kgyptian cushion in pre- 
served in the British Museum. In reference to 
this practice, the Romans were in the habit of 
placing the statues of the gods U|ion pillows at the 
lectiiteruia. | KlTI.ONKS ; I,K<TISTKKNICM.] Till) 
couches provided for this DOipOM in the temples 
were called MdMMffch (llor. Curm. i. 37. 3; 
Ovid. Met. xiv. 827 ; Cic. in Cat. iii. 10, //,irw»/.. 
5, bum. 53, Tuk. iv. 2 ; Vol. Max. iii. 7. § 1 ; 



976 



PYANEPSIA. 



PYTIIIA. 



Servius, in Virg. Gcorg. iii. 533.) There was also 
a pulvinar, on which the images of the gods were 
laid, in the Circus. (Sueton. August. 45, Claud. 
4.) [J. Y.] 

PULVI'NUS. [Pulvinar.] 

PUPILLA, PUPILLUS. [Impubes ; In- 

FANS ; TUTELA.] 

PUPILLA'RIS SUBSTITU'TIO. [Herbs, 
p. 599.] 

PUPPIS. [Na vis, p. 787, a.] 

PU'TEAL, properly means the enclosure sur- 
rounding the opening of a well, to protect persons 
from falling into it. It was either round or square, 
and seems usually to have been of the height 
of three or four feet from the ground. There is a 
round one in the British Museum, made of marble, 
which was found among the ruins of one of 
Tiberius's villas in Capreae ; it exhibits five groups 
of fauns and bacchanalian nymphs ; and around 
the edge at the top may be seen the marks of the 
ropes used in drawing up water from the well. 
Such putealia seem to have been common in the 
Roman villas : the putealia signata, which Cicero 
{ad Att. i. 10) wanted for his Tusculan villa, must 
have been of the same kind as the one in the 
British Museum ; the signata refers to its being 
adorned with figures. It was the practice in some 
cases to surround a sacred place with an enclosure 
open at the top, and such enclosures from the 
great similarity they bore to Putealia were called 
by this name. There was a Puteal of this kind 
at Rome, called Puteal Seribonianum or Puteal 
Libonis, which is often exhibited on coins of the 
Scribonia gens, and of which a specimen is given 
below. The puteal is on the reverse of the coin 
adorned with garlands and two lyres. It is gene- 
rally stated that there were two putealia in the 
Roman forum ; but C. F. Hermann, who has care- 
fully examined all the passages in the ancient 
writers relating to this matter (Ind. Lect. Mar- 
burg. 1840), comes to the conclusion that there 
was only one such puteal at Rome. It was in the 
forum, near the Arcus Fabiamis, and was dedi- 
cated in very ancient times either on account of 
the whetstone of the Augur Navius (comp. Liv. i. 
36), or because the spot had been struck by light- 
ning. It was subsequently repaired and re-dedi- 
cated by Scribonius Libo, who had been com- 
manded to examine the state of the sacred places 
(Festus, s. v. Seribonianum). Libo erected in its 
neighbourhood a tribunal for the praetor, in con- 
sequence of which the place was, of course, fre- 
quented by persons who had law-suits, such as 
money-lenders and the like. (Comp. Hor. Sat. ii. 
6. 35,JEpist. i. 19. 8 ; Ov. Reined. Amor. 561 ; 
Cic. pro Sex. 8 ; C. F. Hermann, /. c.) 




PUTI'CULAE, PUTI'CULI. [Funus, p. 
560, b.] 

PYANE'PSIA (mavtytcC), a festival cele- 
brated at Athens every year on the seventh of Py- 
anepsion, in honour of Apollo. (Harpocrat. Hesych. 
Suidas. s. v. Uvave^ia.) It was said to have been 



instituted by Theseus after his return from Crete. 
(Plut. Thes. 22.) The festival as well as the 
month in which it took place, are said to have de- 
rived their names from -wvaixos, another form for 
Kva/j.os, i. e. pulse or beans, which were cooked at 
this season and carried about. (Harp, and Suid. I.e. ; 
Athen. ix. p. 408.) A procession appears to have 
taken place at the Pyanepsia, in which the <dp£cn&vi) 
was carried about. This elpeat^vn was an olive- 
branch surrounded with wool and laden with the 
fruits of the year ; for the festival was in reality a 
harvest feast. It was carried by a boy whose parents 
were still living, and those who followed him sang 
certain verses, which are preserved in Plutarch. 
(I. c. ; compare Clem. Alex. Strom, iv. p. 474 ; 
Eustath. ad 11. xxii. ; Suid. s. v. Elpeo-idpri • and 
Etymol. Mag. where a different account is given.) 
The procession went to a temple of Apollo, and 
the olive-branch was planted at its entrance. Ac- 
cording to others, every Athenian planted, on the 
day of the Pyanepsia, such an olive branch before 
his own house, where it was left standing till the 
next celebration of the festival, when it was ex- 
changed for a fresh one. (Schol. ad Aristoplt. 
Plut. 1050.) [L. S.] 

PYCNOSTY'LOS. [Templum.] 
PYELUS (irveXos). [Funus, p. 555, b.] 
PYGME. [Mensura, p. 752, a.] 
PYGON. [Mensura, p. 752, a.] 
PYLA'GORAE (irvXaydpai), [Amfhictyo- 
nes, p. 80, b.] 

PYRA. [Funus, p. 559, b.] 
PYRGUS (irvpyos), a tower. 1. The towers 
used in fortification and in war are spoken of under 
Turris. 2. An army drawn up in a deep oblong 
column. [Turris, No. VI.] 3. A dice-box, so 
called from its resemblance to a tower [Fri- 
tillus.]. 4. The territory of the town of Teos 
was distributed among a certain number of towers 
(■nvp-yoi), to each of which corresponded a sym- 
mory or section of the citizens (Biickh, Corp. Inscr. 
No. 3064 ; and the elucidations of Grote, Hist, of 
Greece, vol. iii. pp. 247, 248). 
PY'RRHICA. [Saltatio.] 
PY'THIA (nvdia), one of the four great na- 
tional festivals of the Greeks. It was celebrated 
in the neighbourhood of Delphi, anciently called 
Pytho, in honour of Apollo, Artemis, and Leto. 
The place of this solemnity was the Crissaean 
plain, which for this purpose contained a hippo- 
dromus or race-course (Paus. x. 37. § 4), a stadium 
of 1000 feet in length (Censorin. de Die Nat. 13), 
and a theatre, in which the musical contests took 
place. (Lucian, adv. indoct. 9.) A gymnasium, 
prytaneium, and other buildings of this kind, pro- 
bably existed here, as at Olympia, although they 
are not mentioned. Once the Pythian games were 
hold at Athens, on the advice of Demetrius Polior- 
cetes (01. 122. 3 ; see Plut. Demetr. 40 ; Corsini, 
Fast. Att. iv. p. 77), because the Aetolians were in 
possession of the passes around Delphi. 

The Pythian games were, according to most 
legends, instituted by Apollo himself (Athen. xv. 
p. 701 ; Schol. Argum. ad Pind. Pytli.): other 
traditions referred them to ancient heroes, such as 
Amphictyon, Adrastus, Diomedes, and others. 
They were originally perhaps nothing more than 
a religious panegyris, occasioned by the oracle of 
Delphi, and the sacred games are said to have 
been at first only a musical contest, which con- 
sisted in singing a hymn to the honour of the 



PYTHIA. 

Pythian god with the accompaniment of the ci- 
thara. (Pau3. x. 7. § 2 ; Strab. ix. p. 421.) Some 
of the poets, however, and mythographers repre- 
sent even the gods and the early heroes as en- 
gaged in gymnastic and equestrian contests at the 
Pythian games. But such statements, numerous 
as they are, can prove nothing ; they are ana- 
chronisms in which late writers were fond of in- 
dulging. The description of the Pythian games 
in which Sophocles, in the Electra, makes Orestes 
take part, belongs to this class. The Pythian 
games must, on account of the celebrity of the 
Delphic oracle, have become a national festival for 
all the Greeks at a very early period ; and when 
Solon fixed pecuniary rewards for those Athenians 
who were victors in the great national festivals, 
the Pythian agon was undoubtedly included in 
the number, though it is not expressly mentioned. 
(Dins. Lae'rt. i. 55.) 

Whether gymnastic contests had- been performed 
at the Pythian games previous to 01. 47, is un- 
certain. Bbckh supposes that these two kinds 
of games had been connected at the Pythia from 
early times, but that afterwards the gymnastic 
games were neglected : but however this may be, 
it is certain that about 01.47 they did not exist 
at Delphi. Down to 01. 48 the Delphians them- 
selves had been the agonothetae at the Pythian 
games, but in the third year of this Olympiad, 
when after tha Crissaean war the Amphictyons 
took the management under their care, they natu- 
rally became the agonothetae. (Strab. ix. p. 421 ; 
Paus. x. 7. § 3.) Some of the ancients date the 
institution of the Pythian games from this time 
( Phot. Cod. p. 533, ed. Bekker), and others say 
that henceforth they were called Pythian games. 
Owing to their being under the management of 
the Amphictyons they are sometimes called 'Au- 
tpiKTvoviKa i6\a. (Heliod.ylfM.iv. 1.) From 01. 
48. 3, the Pythiads were occasionally used as an 
acra, and the first celebration under the Amphic- 
tyons was the first Pythiad. Pausanias (I.e.) 
expressly states that in this year the original 
musical contest in KtBapipSia was extended by the 
addition of avA^Si'a, i. e. singing with the ac- 
companiment of the flute, and by that of flute- 
playing alone. Strabo (I.e.) in speaking of these 
innovations does not mention the auAuota, but 
states that the contest of cithara-players (KiBapia- 
rat) was added, while Pausanias assigns the in- 
troduction of this contest to the eighth Pythiad. 
One of the musical contests at the Pythian games 
in which only flute and cithara-players took part, 
was the so-called v6uot riufliKoi, which, at least 
in subsequent times, consisted of five parts, viz. 
andxpovrrit, auirupa, KaraKtKfvtruis, XapiSoi koI 
SdnTuAoi, and aiptyyti. The whole of this viuos 
was a musical description of the fitrht of Apollo 
with the dragon and of his victory over the 
monster. (Strabo, /. c.) A somewhat different ac- 
count of the parts of this v6poi is given by the 
Scholiast on Pindar (Argum, nil Pyth.) and by 
Pollux (iv. 79, 81, 84). 

Besides these innovations in the musical con- 
torts which were made in the first Pythiad, such 
gymnastic and equestrian games as were then 
customary at Olympia, were either revived at 
Delphi or introduced for the first time. The 
chariot-race with four horses was not introduced 
till the second Pythiad. (Paus. x. 7. § 3.) Some 
garnet on the other hand were adopted, which had 



PYTHIA. 977 

not yet been practised at Olympia, viz. the 
SoKixos and the SiauKos for boys. In the first 
Pythiad the victors received xPVI Jiara as their 
prize, but in the second a chaplet was established 
as the reward for the victors. (Paus. and Schol. 
ud Pind. I.e.) The Scholiasts on Pindar reckon 
the first Pythiad from this introduction of the 
chaplet, and their system has been followed by 
most modern chronologers, though Pausanias ex- 
pressly assigns this institution to the second 
Pythiad. (See Clinton, /'.//. p. 195; Krause, 
Die Pyth. Xem., &c. p. 21, &c.) The avAwSia, 
which was introduced in the first Pythiad, was 
omitted at the second and ever after, as only 
elegies and Sprjvoi had been sung to the flute, 
which were thought ton melancholy for this so- 
lemnity. The TfBpiinros or chariot-race with four 
horses however wa3 added in the same Pythiad. 
In the eighth Pythiad (01. 55. 3) the contest in 
playing the citharu without singing was introduced ; 
in Pythiad 23 the foot-race in arms was added ; 
in Pythiad 48 the chariot-race with two full- 
grown horses (avvup'iSos Spnuos) was performed for 
the first time ; in Pythiad 53 the chariot-nice with 
four foals was introduced. In Pythiad 61 the 
pancratium for boys, in Pythiad G3 the horse-race 
with foals, and in Pythiad 69 the chariot-nice 
with two foals were introduced. (Paus. L c.) 
Various musical contests were also added in the 
course of time, and contests in tragedy as well as 
in other kinds of ]>oelry and in recitations of his- 
torical compositions are expressly mentioned. 
( Philostr. Pit Soph. ii. 27. 2 ; Plut. Syinpos. ii. 
4.) Works of art, as paintings and sculptures, 
were exhibited to the assembled Greeks, and 
prizes were awarded to those who had produced 
the finest works. (Plin. XXXV. 35.) The musical 
and artistic contests were at all times the most 
prominent feature of the Pythian games, and in 
this respect they even excelled the Olympic 
games. 

Previous to 01. 18 the Pythian games had been 
an ivvafT-ripU, that is, they had been celebrated 
at the end of every eighth year ; but in 01. 48. 3, 
they became like the Olympia a Tr(vTaerripts, i. c. 
they were held at the end of every fourth year, and 
a Pythiad therefore ever since the time that it was 
used as an acra, comprehended a space of four years, 
commencing with the third year of every Olympiad. 
(Paus. I.e.; Diod. xv. (JO ; compare Clinton, p. II. 
p. 195.) Others have, in opposition to direct 
statements, inferred from Thucydides (iv. 117, 
v. 1) that the Pythian games were held towards 
the end of the second year of every Olympiad. 
Respecting this controversy, sec Krause, I.e. p. 29, 
&c As for the season of the Pythian games, they 
were in all probability held in the spring, and 
most writers believe that it was in the month of 
Bysius, which is sup[H>.tcd to lie the same as the 
Attic Munychion. BHckh (ad Corp. Intrripl. 
n. 1C88) however has shown that the games took 
place in the month of Bucatius, which followed 
after the month of Bysius, and that this month 
must be considered as the same as the Attic .Mu- 
nychion. The games lasted for several days, as is 
expressly mentioned by Spphoclm ( Pln1. (i.'M), &c.), 
but we do not know how many. When ancient 
writers speak of the day of the Pythian agon, they 
nre probably thinking of the musical agon nlone, 
which was the most iin|x>rt.int part of the games, 
and probably took place mi the 7th of Bucatius. 

3 K 



978 



PYTHIA. 



QUADRAGESIMA. 



It is quite impossible to conceive that all the nu- 
merous games should have taken place on one day. 

The concourse of strangers at the season of this 
panegyris, must have been very great, as un- 
doubtedly all the Greeks were allowed to attend. 
The states belonging to the ampbictyony of Delphi 
had to send their theori in the month of Bysius, 
some time before the commencement of the festival 
itself. (Bb'ckh, Corp. Inscr. I. c.) All theori sent 
by the Greeks to Delphi on this occasion, were 
called TlvQaiOTtu (Strab. ix. p. 404), and the theo- 
ries sent by the Athenians were always particu- 
larly brilliant. (Schol. ad Aristopli. Av. 1585.) As 
regards sacrifices, processions, and other solemni- 
ties, it may be presumed that they resembled in a 
great measure those of Olympia. A splendid, 
though probably in some degree fictitious, descrip- 
tion of a theoria of Thessalians may be read in 
Heliodorus (Aeth. ii. 34). 

As to the order in which the various games 
were performed, scarcely anything is known, with 
the exception of some allusions in Pindar and a 
few remarks of Plutarch. The latter (Symp. ii. 4 ; 
comp. Philostr. Apott. Tyan. vi. 10) says that the 
musical contests preceded the gymnastic contests, 
and from Sophocles it is clear that the gymnastic 
contests preceded the horse and chariot races. 
Every game, moreover, which was performed by 
men and by boys, was always first performed by 
the latter. (Plut'Symp. ii. 5.) 

We have stated above that, down to 01. 48, the 
Delphians had the management of the Pythian 
games ; but of the manner in which they were 
conducted previous to that time nothing is known. 
When they came under the care of the Amphic- 
tyons, especial persons were appointed for the pur- 
pose of conducting the games and of acting as 
judges. They were called 'E-n-i/xiKriTai (Plut. 
Symp. ii. 4, vii. 5) and answered to the Otym- 
pian Hcllanodicae. Their number is unknown. 
(Krause, I. c. p. 44.) In later times it was decreed 
by the Amphictyons that king Philip with the 
Thessalians and Boeotians should undertake the 
management of the games (Diod. xvi. 60), but 
afterwards and even under the Roman emperors 
the Amphictyons again appear in the possession of 
this privilege. (Philostr. Vii. Soph. ii. 27.) The 
4irLfieAriTal had to maintain peace and order, and 
were assisted by p.aaTiyo(p6poi, who executed any 
punishment at their command, and thus answered 
to the Olympian a\vTca. (Luc. adv. indoct. 9, &c.) 

The prize given to the victors in the Pythian 
games was from the time of the second Pythiad a 
laurel chaplet ; so that they then became an ayuv 
o-Tecpav'iT-qs, while before they had been an ayuv 
XP'?A'aTiT7js. (Pans. x. 7. § 3 ; Schol. in Argum. 
ad Pind. Pyth.) In addition to this chaplet, the 
victor here, as at Olympia, received the symbolic 
palm -branch, and was allowed to have his own 
statue erected in the Crissaean plain. (Plut. Symp. 
viii. 4 ; Paus. vi. 15. § 3, 17. § 1 ; Justin, xxiv. 

7,10.) mm 

The time when the Pythian games ceased to be 
solemnised is not certain, but they probably lasted 
as long as the Olympic games, i. e. down to the 
year A. D. 394. In A. d. 191 a celebration of the 
Pythia is mentioned by Philostratus ( Vit. Soph. 
ii. 27), and in the time of the emperor Julian they 
still continued to be held, as is manifest from his 
own words. (Jul. Epist. pro Argiv. p. 35, a.) 

Pythian games of less importance were celebrated 



in a great many other places where the worship 
of Apollo was introduced ; and the games of Del- 
phi are sometimes distinguished from these lesser 
Pythia by the addition of the words iv AeAcpois. 
But as by far the greater number of the lesser 
Pythia are not mentioned in the extant ancient 
writers, and are only known from coins or inscrip- 
tions, we shall only give a list of the places where 
they were held : — Ancyra in Galatia, Aphrodisias 
in Caria, Antiochia, Carthaea in the island of Ceos 
(Athen.x. p. 456, 467), Carthage (Tertull. Scorp. 
6), Cibyra in Phrygia, Delos (Dionys. Perieg. 
527), Emisa in Syria, Hierapolis in Phrygia, 
Magnesia, Megara (Schol. ad Pind. Nem. v. 84, 
Ol. xiii. 1 55 ; Philostr. Vit. Soph. i. 3), Miletus, 
Neapolis in Italy, Nicaea in Bithynia, Nicomedia, 
Pergamus in Mysia, Perge in Pamphylia, Perin- 
thus on the Propontis, Philippopolis in Thrace, 
Side in Pamphylia, Sicyon (Pind. OL xiii. 105, 
with the Schol. ; JVem. ix. 51), Taba in Caria, 
Thessalonice in Macedonia, in Thrace, Thyatira, 
and Tralles in Lydia, Tripolis on the Maeander 
in Caria. (Krause, Die Pythien, Nemeen und Isth- 
mien, pp. 1—106.) [L. S.] 

PY'THIA. [Okacultjm, p. 837, a.] 
PY'THII (ireflioi), called notBioi in the Lace- 
daemonian dialect (Photius, s. v.), were four per- 
sons appointed by the Spartan kings, two by each, 
as messengers to the temple of Delphi (&eowp6- 
ttoi is Ae\tpovs). Their office was highly honour- 
able and important : they were alwaj's the mess- 
mates of the Spartan kings. (Herod, vi. 57 ; Xen. 
Rep. Lac. xv. 5 ; Muller, Dor. iii. 1. § 9.) 

PYXIS, dim. PYXIDULA (^is,dim. 
Sioe), a casket ; a jewel-box. (Mart. ix. 38.) 
Quintilian (viii. 6. § 35) produces this term as an 
example of catachresis, because it properly denoted 
that which was made of box (ttv^os), but was ap- 
plied to things of similar form and use made of 
any other material. In fact, the caskets in which 
the ladies of ancient times kept their jewels and 
other ornaments, were made of gold, silver, ivory, 
mother-of-pearl, tortoise-shell, &c. They were also 
much enriched with sculpture. A silver coffer, 
2 feet long, 1£ wide, and 1 deep, most elaborately 
adorned with figures in bas-relief, is described by 
Bottiger. (Sabina, vol. i. pp. 64 — 80. plate iii.) 
The annexed woodcut (from Ant. d'Ercolano, vol. 
ii. tab. 7) represents a very plain jewel-box, out of 
which a dove is extracting a riband or fillet. Nero 




deposited his beard in a valuable pyxis, when he 
shaved for the first time. [Barba.] 

The same term is applied to boxes used to con- 
tain drugs or poison (Cic. pro Caelio, 25 — 29 ; 
Quintil. vi. 3. § 25) ; and to metallic rings em- 
ployed in machinery. (Plin. H.N. xviii. 11. s. 
29.) [J. Y.] 

Q- 

QUADRAGE'SIMA, the fortieth part of the 
imported goods, was the ordinary rate of the Por- 



QUADRANTAL. 

torium. (Suet. Vespas. 1. ; Quintil. Declam. 359 ; 
Symmach. Epist. v. 62, 65.) Tacitus (Ann. xiii. 
51) says that the Quadragesima was abolished by 
Nero and had not been imposed again (manet 
abolilio quadrayesimae) • but it appears most pro- 
bable that this Quadragesima abolished by Nero 
was not the Portorium, but the tax imposed by 
Caligula (Suet. Col. 40) of the fortieth part of the 
value of all property, respecting which there was 
any law-suit. That the latter is the more probable 
opinion appears from the fact, that we never read 
of this tax upon law-suits after the time of Nero, 
while the former one is mentioned to the latest 
times of the empire. Considerable difficulty, how- 
ever, has arisen in consequence of some of the 
coins of Galba having Quadrmjisima llemissa upon 
them, which is supposed by some writers to con- 
tradict the passage of Tacitus, and by others to 
prove that Galba abolished the Quadragesima of 
the portorium. The words, however, do not neces- 
sarily imply this ; it was common in seasons of 
scarcity and want, or as an act of special favour, for 
the emperors to remit certain taxes for a certain 
period, and it is probable that the coins of Galba 
were struck in commemoration of such a remission, 
and not of an abolition of the tax. (See Bur- 
mann, de Vectir/al. p. 64, &c, who controverts the 
opinions of Spanheim, de Praest. et Usu Xumism. 
vol. ii. p. 549.) 

QI.'ADRAXS. [As, pp. 140,1,. 141, a.] 
QUADRANTAL, or AMPHORA QUAD- 
RANTAL, or AMPHORA only, was the princi- 
pal Roman measure of capacity for lluids. All the 
Roman measures of capacity were founded on 
weight, and thus the amphora was originally the 
space occupied by eighty pounds of wine. (Festus, 
s. v.) 

There is also preserved to us by Festus (s. r. 
PMica Pondera, p. 246, MUllcr), a plebiscitum 
(the Sillian) of unknown date, regulating the weights 
and measures, to the following effect : — Ex pon- 
deribus pulAicis, quibus hue tempestate populus oetier 
solet, uti coarquetur s&lulum, uli quadrantal vini 
octotfinta pondo triet : congius vini decern p. (i. c. 
pfrndn ) net : sex sextari congius siet rmi / duotle- 
quinquaginta sextan rpiadrantal sirt rini : — that 
is, that the r/uail runtal should contain HI) pounds 
of wine*, and the congius 10 ; and that the sexta- 
rius should be l-6th of the congius, and l-liith of 
the quadrantal. The quadrantil was subdivided 
into 2 urnae, 8 conr/ii, 48 sextarii, 96 heminae, 
192 r/uartarii, 384 actlabu/a, 576 ct/at/d, and 230 ) 
lujuhie. As compared with the Roman dry measure, 
the </i/iidrantat was three times the mrtlius. The 
only measure larger than the quadrantal was the 
(VMM of 20 amphorae, which was used, as well as 
the amphora itself, in estimating the produce of a 
vineyanL [Cvtnvs: comp. Amhiora sub fin.] 

The quadrantal was connected with the mea- 
sures of length, by the law, that it was the cube 
of the foot, whence its name quadrantal, or, as 
other writers give it (using the Greek KvSot in- 
stead of the Latin quadrantal) amphora <■«'.•/«. 



* The Romans were aware that there isadiffcr- 
ence in the specific gravity of wine and of water, 
and in the different sorts of each, but, for the sake 
of simplicity, they regarded them as of the same 
specific gravity : when, however, they wished a 
vi-rv exact determination, they used rain water. 
(BMth, c.3.) 



QUADRANTAL. 979 
(Cato, R. R. 57 ; Gell. i. 20 ; Priscian. Carm. de 
Mens, et Pond. vv. 59 — 63 : — 

" Pes longo in spatio latoque altoque notetur : 
Angulus ut par sit, quern claudit linea triplex, 
Quatuor et medium quadris cingatur inane : 
Amphora fit cubus, quam ne violare liceret, 
Sacravere Jovi Tarpeio in monte Quirites." 

A standard model of the Amphora was kept 
with great care in the temple of Jupiter in the 
Capitol, and was called amphora Capitolina (Pris- 
cian. I.e.; Capitolin. Marimin. 4). There still 
exists a eonyius which professes to have been made 
according to this standard. [CoNGIUS.] For a 
full account of this congius, see H. Hase, Abhandl. 
d. fieri. Akad. 1824. 

There are two questions of very great interest 
connected with the Roman quadrantal ; namely, 
( 1 ), whether the equality to the cubic foot was 
originally exact, or only approximate, and (2), 
whether there was any exact ratio between the 
Roman and the Grecian measures. The full dis- 
cussion of these questions would be inconsistent 
both with the limits and with the chief object of 
this work. A general statement of the matters in 
dispute will be found under Mensura, p. 754. 
It may here be added that, whether there was or 
was not originally any precise ratio between the 
Greek and Roman measures of capacity, they were 
at least so nearly related to one another, that, when 
the two systems came to exist side by side, it was 
found easy to establish the following definite ratios. 
Of the liquid measures ; the Roman amphora, or 
quadrantal, was 2-5ths of the Aeginetan, and 
2-3rds of the Attic amphora or metrctes ; and the 
congius of the Roman system was equal to the 
XoCi of the Attic. Again, comparing the Roman 
liquid with the Greek dry measures, the quadrantal 
was l-3rd of the Aeginetan, and one half of the 
Attic, mcdimnu.i. Consequently, of the dry measures, 
the modiws (which was l-3rd of the quadrantal) 
was l-9th of the Aeginetan, and I -6th of the Attic, 
medimnus. The connecting subordinate unit in all 
these sets of measures is the Roman sextarius, or 
sixth part of the congius, which was introduced into 
the Greek system under the name of {e'err?)*, and 
which stands to the several measures now men- 
tioned in the following relations : — 

1 . Liquid Measures. 

The Roman qnadranlal = 48 sextarii 
„ Attic mrlreten - - 72 ,, 

„ Aeginetan „ = P20 „ 

2. Dry Measures. 

The Roman motlius = 16 sextarii 
„ Attic medimnus =96 n 
„ Aeginetan „ =144 „ 

The i»TT7)5, or Roman sextarius, is not to be con- 
founded with the genuine Attic iVrn/r or sixth 
of the medimnus, which was equal to the Roman 
mndius. (On the whole of this part of the sub- 
ject, sec Rock h, cc. iii. xi. xv. — xvii.) 

From the preceding remark* it will be seen 
that the only safe mode of computing the content 
of the amphora in terms of otir own measures of 
Capacity is by deducing it from the vnlue already 
assigned to the Unman pound, on the authority 
< ho tly of the coins. That value mny be taken, in 
round numbers, at 5050 grains. Now the im- 
perial gallon contains 70,000 grains. Therefore 
3 k 2 



980 QUAESTOR. 

a t> i / 5050 x 80 \ „ „_ . 

the lioman amphora = I = I 5-77 im- 

F V 70000 I " 

perial gallons, or a little more than 5-J gallons, or 
than 5 gallons and 6 pints. If we were to make 
the computation directly from the congius of Ves- 
pasian, we should have a somewhat higher value ; 
which, as has already been shown under Pondera, 
arises probably from a source of error. On the 
other hand, the computation from the Roman cubic 
foot gives a somewhat lower value [Pondera] ; 
but, as already intimated, it is very doubtful 
whether the true content of the amphora was ex- 
actly a cubic foot, and in fact, if Bb'ckh be right, 
it was a little more. At all events, the value of 5 
gallons 6 pints is quite near enough to the truth 
for all the purposes of the classical student. (See 
the Tables.) On the other hand, if we were to 
reckon the quadrantal at exactly 6 gallons, and 
consequently the sextarius, which is the small unit 
of the system, at exactly 1 pint (instead of '96) 
we should obtain a system so extremely simple, 
and with so small a limit of error (namely less 
than -j~ou i' 1 a P m t)> that it would probably be 
allowable to adopt it in the ordinary reading of the 
classic authors ; indicating, however, the small 
error, by prefixing in each case the words a Utile less 
than; and correcting it, when the numbers are large, 
by taking from the result l-25th of itself. [P. S.] 

QUADRI'GAE. [Curriis, p. 379.] 

QUADRIGA'TUS. [Denarius.] 

QUADRIRE'MES. [Navis, p. 785, b.] 

QUA'DRUPES. [Pauperies.] 

QUADRUPLATOR'ES, public informers or 
accusers, were so called, either because they re- 
ceived a fourth part of the criminal's property, or 
because those who were convicted were condemned 
to pay fourfold (quadrupli damnari), as in cases of 
violation of the laws respecting gambling, usury, 
&c. ( Pseudo- Ascon, in Cic. Divin. p. 110, in Verr. 
ii. p. 208, ed. Orelli ; Festus, s. v.) We know 
that on some occasions the accuser received a 
fourth part of the property of the accused (Tac. 
Ann. iv. 21) ; but the other explanation of the word 
may also be correct, because usurers, who violated 
the law, were subjected to a penalty of four times 
the amount of the loan. (Cato, de Re Rust, init.) 
When the general right of accusation was given, 
the abuse of which led to the springing up of the 
Quadruplatores, is uncertain ; but originally all 
fines went into the common treasury, and while 
that was the case the accusations no doubt were 
brought on behalf of the state. (Niebuhr, Hist, 
of Rome, vol. iii. p. 37.) Even under the republic 
an accusation of a public officer, who had merited 
it by his crimes, was considered a service ren- 
dered to the state ; the name of Quadruplatores 
seems to have been given by way of contempt to 
mercenary or false accusers. (Cic. Div. ii. 7, c. Verr. 
ii. 7; Plaut. Pers. i. 2. 10 ; Liv. iii. 72.) Seneca 
{de Benef. vii. 25) calls those who sought great 
returns for small favours, Quadruplatores henefi- 
ciorum suorum. 

QUADRUPLICA'TIO. [Actio.] 

QUADRUSSIS. [As.] 

QUAESTIONES, QUAESTIONES PER- 
PETUAE. [Judex, p. 648, b ; Praetor, 
p. 957, a.] 

QUAESTOR is a name which was given to 
two distinct classes of Roman officers. It is de- 
rived from quaero, and Varro (De Ling. Lett. v. 
81 gives a definition which embraces the principal 



QUAESTOR, 
functions of both classes of officers : " Quaestores 
a quaerendo, qui conquirerent publicas pecunias et 
maleficia." The one class therefore had to do 
with the collecting and keeping of the public re- 
venues, and the others were a kind of public ac- 
cusers. The former bore the name of quaestores 
classici, the latter of quaestores parricidii. (Dig. 1. 
tit. 2. s. 2. § 22, 23.) 

The quaestores parricidii were, as we have said, 
public accusers, two in number, who conducted the 
accusation of persons guilty of murder or any other 
capital offence, and carried the sentence into exe- 
cution. (Festus, s. v. Parici and Quaestores ; Liv. 
ii. 41; Dionys. viii. 77.) There are many points 
which might make us inclined to believe that the 
quaestores parricidii and the duumviri perduel- 
lionis were the same officers ; but a closer exami- 
nation shows that the former were a permanent 
magistracy, while the latter were appointed only 
on special emergencies. [ See Perduellionis 
Duumviri.] All testimonies agree that these pub- 
lic accusers existed at Rome during the period of 
the kings, though it is impossible to ascertain by 
which king they were instituted (Fest. I.e.; Tacit. 
Annul, xi, 22; Dig. 1. tit. 13), as some mention 
them in the reign of Romulus and others in that 
of Numa. When Ulpian takes it for certain that 
they occurred in the time of Tullus Hostilius, he 
appears to confound them, like other writers, with 
the duumviri perduellionis, who in this reign acted 
as judges in the case of Horatius, who had slain 
his sister. During the kingly period there occurs 
no instance in which it could be said with any 
certainty, that the quaestores parricidii took a part. 
As thus everything is so uncertain, and as late 
writers are guilty of such manifest confusions, we 
can say no more than that such public accusers 
existed, and infer from the analogy of later times 
that they were appointed by the populus on the 
presentation of the king. In the early period of 
the republic the quaestores parricidii appear to have 
become a standing office, which, like others, was 
held only for one year. (Liv. iii. 24, 25.) They 
were appointed by the populus or the curies on 
the presentation of the consuls. (Dig. 1. tit. 2. 
s. 2. § 23 ; Tacit. I. c.) When these quaestores dis- 
covered that a capital offence had been committed, 
they had to bring the charge before the comitia 
for trial. (Liv. iii. 24; Dionys. viii. 75.) They con- 
voked the comitia through the person of a trum- 
peter, who proclaimed the day of meeting from the 
capitol, at the gates of the city, and at the house of 
the accused. (Varro, de Ling. Lot. vi. 90, ed. Miil- 
ler.) When the sentence had been pronounced by 
the people, ' the quaestores parricidii executed it ; 
thus they threw Spurius Cassius from the Tarpeian 
rock. (Dionys. viii. 77 ; Liv. ii. 41 ; Cic. de Re 
Pnbl. ii. 35.) They were mentioned in the laws 
of the Twelve Tables, and after the tune of the 
decemvirate they still continued to be appointed, 
though probably no longer by the curies, but either 
in the comitia centuriata or tributa, which they 
therefore must also have had the right to assemble 
in cases of emergency. (Varro, de Ling. Lat. vi. 9.) 
This appears to be implied in the statement of 
Tacitus, that in the year 447 6. c. they were 
created by the people without any presentation of 
the consuls. From the year 366 b. c. they are no 
longer mentioned in Roman history, as their func- 
tions were gradually transferred to the triumviri 
capitales. (Val. Max. v. 4. § 7, viii. 4. § 2 ; Sallust, 



QUAESTOR. 
Cat. 55 ; Triumviri Capitalbs), and partly to 
the aediles and tribunes. (Aediles, Triblxi ; 
Niebuhr, Hist, of Rome, vol. iii. p. 44 ; Zachariae, 
Sulla, als Ordner, &c. vol. ii. p. 14", &c.) The 
quaestores parricidii have not only been confounded 
with the duumviri perduellionis, but also with the 
quaestores classici (Tacit. /. c. ; Zonar. viL 1 3, etc.), 
and thi3 probably owing to the fact, that they 
ceased to be appointed at such an early period, and 
that the two kind3 of quaestors are seldom dis- 
tinguished in ancient writings by their character- 
istic epithets. (Becker, Ilaiulh. tier Rom. Alterth. 
vol. ii. pt ii. p. 228, &c.) 

The quaestores classici were officers entrusted 
with the care of the public money. It is established 
by the clearest possible evidence, that during the 
kingly period this magistracy did not exist ( Liv. iv. 
4 ; Plut Popt. 12), and it would seem that a con- 
siderable time elapsed after the expulsion of the 
kings, before this magistracy was instituted. Their 
distinguishing epithet classici is not mentioned by 
any ancient writer, except Lydus (De Mag. i. 27), 
who however gives an absurd interpretation of it. 
Niebuhr (vol. ii. p. 430) refers it to their having been 
elected by the centuries ever since the time of Va- 
lerius Publicola, who is said to have first instituted 
the office. (Plut. PuU. 12.) They were at first 
only two in number, and of course taken only from 
the patricians. As the senate had the supreme 
administration of the finances, the quaestors were 
in some measure only its agents or paymasters, for 
they could not dispose of any part of the public 
money without being directed by the senate. Their 
duties consequently consisted in making the neces- 
sary payments from the aerarium, and receiving 
the public revenues. Of both they had to keep 
correct accounts in their tabulae puUieae. (Polyb. 
vi. 13.) Demands which any one might have on 
the aerarium, and outstanding debts were likewise 
registered by them. ( Pseudo- Ascon. in Verrin. p. 
168, OldQi ; Pint Cat. Min. 27.) Fines to be 
paid to the public treasury were registered and ex- 
acted by them. (Liv. xxxviii. GO ; Tacit Annul. 
xi.i. 28.) Another branch of their duties, which 
however was likewise connected with the treasury, 
was to provide the proper accommodations for 
foreign ambassadors and such persons as were con- 
nected with the republic by ties of public hos- 
pitality, l-astly they were charged with the care 
of the burials and monuments of distinguished 
nv-n, the expenses for which had been decreed by 
the senate to be defrayed by the treasury. In the 
aerarium, and consequently under the superintend- 
ence of the quaestors, were kept the books in which 
the lenatus-consulta were registered (Joseph. Ant. 
Jud.xW. 10. 10 ; Pint Cat. Min. 17), while the 
original documents were in the keeping of the 
MQuMi until Augustus transferred the care of them 
also to the quaestors. (Dion Cass. liv. 3G.) 

In the year B.C 421 the number of quaestors 
was doubled, and the tribunes tried to effect by an 
amendment of the law that a part (prolmbly two) 
of the quaestores should be plebeians. (Liv. iv. 43 ; 
Niebuhr, vol. ii. p. 430, Ate.) This attempt was in- 
deed frustrated, but the interrex L. Papirius effected 
a compromise, that tho election should not be re- 
stated to either order. After this Inw was car- 
ried, eleven yearn pa««ed without any pVhi .an 
being elected to the office of quaestor, until in Ii. c. 
4IMI, three of the four quaestors were plebeians. 
(Liv. iv. 51.) A person who hud held the office 



QUAESTOR. 981 
of quaestor had undoubtedly, as in later times, the 
right to take his seat in the senate, unless he was 
excluded as unworthy by the next censors. And 
this was probably the reason why the patricians so 
detenu inately opposed the admission of plebeians 
to this office. [Se.vatus.] Henceforth the con- 
suls, whenever they took the field against an enemy, 
were accompanied by one quaestor each, who at 
first had only to superintend the sale of the booty, 
the produce of which was either divided among 
the legion, or was transferred to the aerarium. 
(Liv. iv. 53.) Subsequently however we find 
that these quaestors also kept the funds of the 
army, which they had received from the treasury 
at Rome, and gave the soldiers their pay ; they 
were in fact the pay-masters in the army. (Polyb. 
vi. 39.) The two other quaestors, who remained 
at Rome, continued to discharge the same duties 
as before, and were distinguished from those who 
accompanied the consuls by the epithet urbani. In 
the year B. c. 265, after the Romans had made 
themselves masters of Italy, and when, in conse- 
quence, the administration of the treasury and the 
raising of the revenues became more laborious and 
important, the number of quaestors was again 
doubled to eight (Lyd. de Mutj. i. 27 ; Liv. Epit. 
lib. 15; Niebuhr, vol. iii. p. u'45) ; and it is pro- 
bable that henceforth their number continued to be 
increased in proportion as the empire became ex- 
tended. One of the eight quaestors was appointed 
by lot to the rpiaestura ostiensis, a most laborious 
and important post, as he had to provide Rome 
with com. (Cic. pro Muren. 8, pro Seal. 17.) 
Besides the quaestor ostiensis, who resided at Ostia, 
three other quaestors were distributed in Italy to 
raise those parts of the revenue which were not 
farmed by the publicani, and to control the latter. 
One of them resided at Cales, and the two others 
probably in towns on the Upper Sea. (Cic. n Vat. 
5.) The two remaining quaestors, who were sent 
to Sicily, are spoken of below. 

Sulla in his dictatorship raised the number of 
quaestors to twenty, that he might have a large 
number of candidates for the senate (senatui ex- 
p/endo, Tacit Annul, xi. 22), and Julius Caesar even 
to forty. (Dion Cass, xliii. 47,51.) In the year 
B.C. 49 no quaestors were elected, and Caesar 
transferred the keeping of the aerarium to the 
aediles. From this time forward the treasury was 
sometimes entrusted to the praetors, sometimes to 
the praetorii, and sometimes again to quaestors. 
[ Armarium.] Quaestors however, both in the 
city and in the provinces, occur down to the latest 
period of the empire. Some of them bore the title 
of candiduti prindpis, and their only duty was 
to read in the senate the communications which 
the princeps had to make to this assembly (tiliri 
pniiiipales, cpintalae prindpis. Dig. 1. tit 13. S3 
and 4 ; Lyd. de Mmj. i. 28 ; Lamprid. Alex. Sev. 
43 ; Plin. BpU. vii. 16). From the- time of the 
emperor Claudius all quaestors, on entering their 
office, were obliged to give gladiatorial games to 
the people, at their own expense, whereby the 
became inn' retilble t'> any '■!»■ except the 
wealthiest individuals. (Suet Claud. 24 ; Tacit 
AtmaL Le. xiii. 5 ; Suet DomU. 4 ; Lamprid. 
.11. r. > r. i:s.) Whi n Constantinople had be- 
come the second capital of the empire, it received 
like Homo its quaestors, who had to give games to 
tho peoplo on entering upon their office ; but 
they were probably, like the praetors, elected by 
3 H 3 



982 QUANTI MINORIS. 

the senate and only announced to the emperor. 
(.Becker, Handb. der Rom. Alterth. vol. ii. pt. ii. p. 
332, &c. ; Walter, Gesch. des Rom. Reckts, p. 371.) 

The proconsul or praetor, who had the adminis- 
tration of a province, was attended by a quaestor. 
This quaestor had undoubtedlj' to perform the same 
functions as those who accompanied the armies into 
the field ; they were in fact the same officers, with 
the exception that the former were stationary in 
their province during the time of their office, and 
had consequently rights and duties which those 
who accompanied the armies could not have. In 
Sicily, the earliest Roman province, there were 
two quaestors answering to the two former divi- 
sions of the island into the Carthaginian and 
Greek territorj'. The one resided at Lilybaeum, 
the other at Syracuse. Besides the duties which 
they had in common with the pay-masters of the 
armies, they had to levy those parts of the public 
revenue in the province which were not farmed by 
the publicani, to control the publicani, and to for- 
ward the sums raised, together with the accounts 
of them, to the aerarium. (Pseudo-Ascon. in 
Verrin, p. 167, Orelli.) In the provinces the 
quaestors had the same jurisdiction as the curule 
aediles at Rome. (Gains, i. 6.) The relation ex- 
isting between a praetor or proconsul of a province 
and his quaestor was according to ancient custom 
regarded as resembling that between a father and 
his son. (Cic. Divin. 19, e. Verr. ii. 1. 15, pro 
Plane. 11, ad Fam. iii. 10.) When a quaestor 
died in his province, the praetors had the right to 
appoint a proquaestor in his stead (Cic. c. Verr. I. c), 
and when the praetor was absent, the quaestor 
supplied his place, and was then attended by lie- 
tors. (Cic. ad Fam. ii. 15, pro Plane. 41.) In 
what manner the provinces were assigned to the 
quaestors after their election at Rome, is not men- 
tioned, though it was probably b} r lot, as in the case 
of the quaestor ostiensis. But in the consulship of 
Decimus Drusus and Porcina it was decreed that 
the provinces should be distributed among the 
quaestors by lot ex senatus vonsulto. (Dig. 1. tit. 13. 
§ 2; Cic. c. Verr. ii. 1. 13.) During the time of 
the empire this practice continued, and if the 
number of quaestors elected was not sufficient for 
the number of provinces, those quaestors of the 
preceding year, who had had no province, might be 
sent out. This was, however, the case only in the 
provinces of the Roman people, for in those of the 
emperors there were no quaestors at all. In the 
time of Constantine the title of quaestor sacri palatii 
was given to a minister of great importance, whose 
office probably originated in that of the candidati 
principis. Respecting his power and influence see 
Walter, Gesch. d. R'6m. R. p. 365. [L.S.] 
QUAESTO'RII LUDI. [Ludi Quaestorii.] 
QUAESTO'RIUM. [Castra, pp. 249, a, 
253, b.] 

QUALES-QUALES. [Servus.] 

QUALUS. [Calathus.] 

QUANTI MINO'RIS is an actio which a 
buyer had against the seller of a thing, in respect 
of any non-apparent faults or imperfections, at the 
time of the sale, even if the seller was not aware 
of them, or for any defects in the qualities of the 
thing which the seller had warranted : the object 
of the actio was to obtain an abatement in the 
purchase-money. This action was to be brought 
within a year or within six months, according as 
there was a Cautio or not. The actio quanti minoris 



QUINQUATRUS. 

might be brought as often as a new defect was dis- 
covered ; but the purchaser could not recover the 
value of the same thing twice. [Emtio et 
Venditio.] (Dig. 21. tit. 1 ; 44. tit. 2. s. 25. 
§1.) [G.L.] 

QUART A'RIUS, a Roman measure of capacity, 
one fourth of the sextarius, and consequently a 
little less than a quarter of a pint imperial. It is 
also found in the Greek system of liquid measures 
under the name of reTaprov. [P. S.] 

QUASILLA'RIAE. [Calathus.] 

QUASILLUM. [Calathus.] 

QUATUORVIRI JURI DICUNDO. [Co- 
LONIA, p. 318, b.] 

QUATUORVIRI VIARUM CURANDA- 
RUM. [Viae.] 

QUERE'LA INOFFICIO'SI TESTAMEN- 
TI. [Testamentum.] 

QUINA'RIUS. [Denarius.] 

QUINCUNX. [As, p. 140, b.] 

QUINDECIMVIRI. [Decemviri, p. 387, a.] 

QUINQUAGE'SIMA, the fiftieth or a tax of 
two per cent, upon the value of all slaves that 
were sold, was instituted by Augustus according 
to Dion. Cassius (lv. 31). Tacitus (xiii. 31), 
however, mentions the twenty-fifth or a tax of 
four per cent, upon the sale of slaves in the time of 
Nero : if both passages are correct, this tax must 
have been increased after the time of Augustus, 
probably by Caligula, who, we are told by Suetonius 
(in vita, c. 40), introduced many new taxes. 
(Burmann, de Veclig. p. 69, &c.) 

We are also told by Tacitus (Ann. xiii. 51) that 
Nero abolished the Quinquagesima ; this must 
have been a different tax from the above-mentioned 
one, and may have been similar to the Quinqua- 
gesima mentioned by Cicero (e. Verr. iii. 49) in 
connection with the Aratores of Sicily. 

A duty of two per cent, was levied at Athens 
upon exports and imports. [Pentecoste.] 

QUINQUATRUS or QUINQUA'TRIA, a 
festival sacred to Minerva, which was celebrated 
on the 19th of March (a. d. xiv. Kal. Apr.), and 
was so called according to Varro (de Ling. Lat. vi. 
14, ed. Miiller), because it was the fifth day after 
the Ides, in the same way as the Tusculans called 
a festival on the sixth day after the Ides Sexatrus, 
and one on the seventh Septimatrus. Gellius (ii. 
21) and Festus (s. v.) also give the same etymology, 
and the latter states that the Faliscans too called a 
festival on the tenth day after the Ides Deeimatrus. 
(Comp. Miiller, Etrusker, vol. ii. p. 49.) Both Varro 
and Festus state that the Quinquatrus was cele- 
brated for only one day, but Ovid (Fast. iii. 809, 
&c.) says that it was celebrated for five days, and 
was for this reason called by this name : that on 
the first day no blood was shed, but that on the 
last four there were contests of gladiators. It 
would appear however from the above-mentioned 
authorities that the first day was only the festival 
properly so called, and that the last four were 
merely an addition made perhaps in the time of 
Caesar to gratify the people, who became so pas- 
sionately fond of gladiatorial combats. The ancient 
Calendars too assign only one day to the festival. 

Ovid (I. c.) says that this festival was celebrated 
in commemoration of the birth-day of Minerva ; 
but according to Festus it was sacred to Minerva 
because her temple on the Aventine was conse- 
crated on that day. On the fifth day of the fes- 
tival, according to Ovid (iii. 849), the trumpets 



QUIRINALIA. 

used in sacred rites were purified ; but this seems 
to have been originally a separate festival called Tu- 
lilustrium (Festus, s. r. ; Varro, (. c), which was 
celebrated as we know from the ancient Calendars 
on the 23d of March (a. d. x. Col. Apr.), and 
would of course, when the Quinquatrus was ex- 
tended to five days, fall on the last day of that 
festival. 

As this festival was sacred to Minerva, it seems 
that women were accustomed to consult fortune- 
tellers and diviners upon this day. (Plant. Mil. 
iii. 1. 98.) Domitian caused it to be celebrated 
every year in his Alban Villa, situated at the foot 
of the hills of Alba, and instituted a collegium to 
superintend the celebration, which consisted of 
the hunting of wild beasts, of the exhibition of 
plays, and of contests of orators and poets. (Suet. 
Dom. 4.) 

There was also another festival of this name 
called Quinrpiatrus Afinvsculae or Quinquatrus Mi- 
nores, celebrated on the Ides of June, on which 
the tibicines went through the city in procession 
to the temple of Minerva. (Varro, de Liny. Lat. 
vi. 17 ; Ovid. Fast. vi. 651, &c. ; Festus, p. 149, 
cd. MUllcr.) 

QH7INQUENKA.UA, were games instituted 
by Nero a. d. 60, in imitation of the Greek festi- 
vals, and celebrated like the Greek jreeTafTTjpi'Sej 
at the end of every four years : they consisted of 
musical, gymnastic, and equestrian contests, and 
were called Seronia. ( Suet. AVr. 1 2 ; Tac. A nn. 
xiv. 2(1 ; Dion Cass. lxi. 21.) Suetonius and 
Tacitus (//. cc.) say that such games were first in- 
troduced at Rome by Nero. The Quin'/uennalia, 
which had previously been instituted both in 
honour of Julius Caesar (Dion Cass. xliv. 6) and 
of Augustus {Id. li. 19 ; Suet Aug. 59, 98), were 
confined to the towns of Italy and the provinces. 
The Quinquennalia of Nero appear not to have 
been celebrated after big time, till they were re- 
vived again by Domitian in honour of the Capi- 
toline Jupiter. (Suet. iJom. 4.) 

Ql'INQUKNNA'LIS. [Colonia, p.318,b.] 
QUINQU BB K MIS. [ N avis, p. 785, b.] 
QUINQU K'RTI CM. [Pentathlon.] 
QUINQUEVIRI, or five commissioners, were 
frequently appointed under the republic as extra- 
ordinary magistrates to carry any measure into 
effect, Thus (Juinr/ueriri Mrnsarii, or public 
hankers, were occasionally appointed in times of 
great distress [Mknsaiui | ; the same number of 
commisoioners was sometimes appointed to super- 
intend the formation of a colony, though three (tri- 
umt iri) was a more common number. [CoLONIA, 
\i. 3 1.1, b.J We find too that Quinqueriri were 
created to superintend the repairs of the walls and 
of the towers of the city (Liv. xxv. 7), as well as 
fur various other purpose*. 

lb-sides the extraordinary commissioners of this 
name, there were also permanent officers, called 
l^iiinqueviri, who were responsible for the safety 
ni tin- city after sunset, as it wo* inconvenient for 
the regular magistrates to nttend to this duty nt 
that time : they were lirit appointed soon nfter the 
war with I'vrrhus. ( Dig. I. tit. 2. s. 2. § 31.) 
QUINTA'NA. [Cahtka.] 
QUTRINA'LIA, a festival sacred to Quirinus, 
which was celebrated on the 17th of February 
'/. xiii. Cat. Aftirt.), on which day Komulus 
(Qairintu) was snid to have been carried up to 
heaven. (Ovid. Fust, ii. 475 ; Festua.s. v.; Varro, 



QUORUM BONORUM. 983 
de Ling. Lat. vi. 13, ed. Miiller.) This festival 
was also called Stultorum feriae, respecting the 
meaninu of which see Fornacalia. 

QUIRINA'LIS FLAMEN. [Flamen.] 
QUTBITES, QUIRI'TIUM JUS. [Jus, 
p. 658, a.] 

QUOD JUSSU, ACTIO. [Jussu, Qtod, 
Actio.] 

QUORUM BONORUM, INTERDICTUM. 

The object of this interdict is to give to the Prae- 
torian heres the possession of anything belonging 
to the hereditas which another possesses pro he- 
rede or pro possessore. The name of this Interdict 
is derived from the introductory words, and it runs 
as follows : " Ait Praetor : Quorum bonorum ex 
edicto meo illi possessio data est : quod de his 
bonis pro herede aut pro possessore possides, pos- 
sideresve si nihil usucaptum esset : quod quidem 
dolo malo fecisti, uti desinercs possidere : id illi 
restituas." The plaintiff is entitled to this Inter- 
dict when he has obtained the Bonorum Possessio, 
and when any one of the four following conditions 
apply to the defendant. 

1. Quod de his bonis pro herede, 

2. Aut pro possessore possides, 

3. Possidercsve si nihil usucaptum esset, 

4. Quod quidem dolo malo fecisti, uti desinercs 

possidere. 

The two first conditions are well understood, 
and apply also to the case of the hereditatis petitio. 
The fourth condition also applies to the case of the 
hereditatis petitio and the rei vindicatio ; but in- 
stead of " quod quidem " the reading " quodque " 
has been proposed, which seems to be required, 
for No. 4 has no reference to No. 3, but is itself a 
new condition. The words of No. 3 have caused 
some difficulty, which may be explained as fol- 
lows. 

In establishing the Bonorum Possessio, the 
Praetor intended to give to many persons, surh as 
emancipated children and Cognati, the same rights 
that the heres had ; and his object was to accom- 
plish this effectually. The Roman heres was the 
representative of the person who had died and left 
an hereditas, and by virtue of this representative 
or juristical fiction of the person of the dead having 
a continued existence in the person of the heres, 
the heres succeeded to his property and to all his 
rights and obligations. In the matter of rights 
and obligations the Praetor put the bonorum pos- 
sessor in the same situation as the heres by allow- 
ing him to sue in respect of the claims that the 
deceased had, and allowing any person to sue him 
in respect of claims against the deceased, in an 
actio utilis or fictitia. (Ulp. Frag. tit. 28. s. 12 ; 
(iaius, nr. 34.) In respect to the property, accord- 
ing to the old law any person might take posses- 
sion of a thing belonging to the hereditas, and ac- 
quire the ownership of it in a certain time by usuca- 
pion. (Gaius, ii. 52 — 58.) The persons in whose 
favour the Praetor's edict was made could do this 
as well as any other person ; but if they found any 
ntln r person in possession of anything belonging 
to the hereditas, they could neither claim it by the 
vindicatio, for they were not owners, nor by the 
hereditatis petitio, for they were not heredes. To 
meet this difficulty the Interdictum Quorum Bnno- 
n i hi was introduced, the object of which was to 
aid tin- Bonomn Possessor in getting the possession 
(whence the title of the Interdictum adipiscendao 
possessiunis) and so commencing the usucapion. 

8 ft 4 



384 QUORUM BONORUM. 

If he lost the possession before the usucapion was 
complete, he could in most cases recover it by the 
Possessorial Interdicts, properly so called, or by 
other legal means. This, according to Savigny, is 
the origin of the Bonorum Possessio. 

In course of time when Bonitarian ownership 
(in bonis) was fully established and co-existed with 
Quiritarian ownership, this new kind of ownership 
was attributed to the Bonorum Possessor, after he 
had acquired the Bonorum Possessio, and thus all 
that belonged to the deceased ex jure Quiritium be- 
came his in bonis and finally by Usucapion, ex jure 
Quiritium ; though in the mean time he had most 
of the practical advantages of Quiritarian ownership. 
Ultimately the Bonorum Possessio came to be con- 
sidered as a species of hereditas, and the like forms 
of procedure to those in the case of the real hereditas 
were applied to the case of the Bonorum Possessio : 
thus arose the possessoria hereditatis petitio, which 
is mentioned by Gains, and cannot therefore be of 
later origin than the time of Marcus Aurelius. 
Thus the new form of procedure, which would 
have rendered the Interdict Quorum Bonorum un- 
necessary, if it had been introduced sooner, co- 
existed with the Interdict, and a person might 
avail himself of either mode of proceeding, as he 
found best. (Gaius, iii. 34.) In the legislation 
of Justinian, we find both forms of procedure men- 
tioned, though that of the Interdict had altogether 
fallen into disuse. (Inst. 4. tit. 15.) 

According to the old law, any possessor, without 
respect to his title, could by usucapion pro herede 
obtain the ownership of a thing belonging to the 
hereditas ; and of course the Bonorum Possessor 
was exposed to this danger as much as the Heres. 
If the time of Usucapion of the possessor was not 
interrupted by the first claim, the heres had no 
title to the Interdict, as appears from its terms, for 
such a possessor was not included in No. 1 or 2. 
Hadrian (Gaius, ii. 57) by a senatusconsultum 
changed the law so far as to protect the heres 
against the complete usucapion of an Improbus Pos- 
sessor, and to restore the thing to him. Though 
the words of Gaius are general, there can be no 
doubt that the Senatusconsultum of Hadrian did 
not apply to the Usucapion of the Bonorum Pos- 
sessor nor to that of the Bonae fidei possessor. 
Now if we assume that the Senatusconsultum of 
Hadrian applied to the Bonorum Possessor also, 
its provisions must have been introduced into the 
formula of the Interdict, and thus the obscure pas- 
sage No. 3 receives a clear meaning, which is this : 
You shall restore that also which you no longer 
possess pro possessore, but once so possessed, and 
the possession of which has only lost that quality 
in consequence of a lucrativa usucapio. According 
to this explanation the passage No. 3 applies only 
to the new rule of law established by the Senatus- 
consultum of Hadrian, which allowed the old usu- 
capion of the improbus possessor to have its legal 
effect, but rendered it useless to him by compelling 
restitution. In the legislation of Justinian conse- 
quently these words have no meaning, since that 
old usucapion forms no part of it ; yet the words 
have been retained in the compilation of Justinian, 
like many others belonging to an earlier age, 
though in their new place they are entirely devoid 
of meaning. 

(Savigny, JJeber das Interdict Quorum Bonorum, 
Zeitschrift, &c. vol. v. ; Dig. 43. tit. 2 ; Gaius, iv. 
144.) [G.L.] 



RECEPTA. 

R. 

RAMNES, RAMNENSES. [Patricii.] 
RAPI'NA. [Bona Rapta ; Furtum.] 
RASTER or RASTRUM, dim. RASTELLUS, 
RALLUS, RALLUM (luo-rijp), a spud (ud- 
rpivos); a rake, a hoe. Agreeably to its deri- 
vation from rado, to scrape, " Raster " denoted a 
hoe which in its operation and in its simplest form 
resembled the scrapers used by our scavengers in 
cleansing the streets. By the division of its blade 
into tines or prongs, it assumed more of the form 
of our garden-rakes, and it was distinguished by the 
epithets bidens and quadridens (Cato de Re Rust. 
10) according to the number of the divisions. 

The raster bidens was by far the most common 
species, and hence we frequently find it mentioned 
under the simple name biden,s. (Juv. iii. 228.) 
This term corresponds to the Greek S'uceXKa, for 
which afxivvr] was substituted in the Attic dialect. 
(Xen. Cyrop. vi. 2. § 34, 36 ; Aristoph. Nub. 
1488, 1502, Aves, G01 ; Phryn. Eclog. p. 302, ed. 
Lobeck ; Plato, Repub. p. 426, f ; Tim. Lex. Plat, 
s. v.) The bidens was used to turn up the soil, 
and thus to perform on a small scale the part of a 
plough. (Plin. H. N. xvii. 9. s. 6.) But it was 
much more commonly used in the work called 
occatio, i. e. the breaking down of the clods after 
ploughing. (Virg. Georg. i. 94, 155.) [Agricul- 
tura, p. 52, a.] Hence it was heavy. (Ovid. Met. 
xi. 101.) The prongs of the bidens held by the 
rustic in the woodcut at p. 849 are curved, which 
agrees with the description of the same implement 
in Catullus (lvi. 39). Vine-dressers continually 
used the bidens in hacking and breaking the 
lumps of earth, stirring it, and collecting it about 
the roots of the vines. (Virg. Georg. ii. 355, 400 ; 
Col. de Re Rust. iii. 13, iv. 14, Geopon. v. 25.) In 
stony land it was adapted for digging trenches, 
whilst the spade was better suited to the purpose 
when the soil was full of the roots of rushes and 
other plants. (Plin. H. N. xviii. 6. s. 8 ; Suet. 
Nero, 19.) [Pala.] Wooden rakes were some- 
times used. (Col. de Re Rust. ii. 13.) [J. Y.] 
RATES. [Navis, p. 783, a.] 
RATIO'NIBUS DISTRAHENDIS ACTIO. 
[Tutela.] 

RECEPTA ; DE RECEPTO, ACTIO. The 
Praetor declared that he would allow an action 
against Nautae, Caupones, and Stabularii, in re- 
spect of any property for the security of which 
they had undertaken (receperint, whence the name 
of the action) if they did not restore it. The 
meaning of the term Nauta has been explained 
[Exercitoria Actio] : the meaning of Caupo 
follows from the description of the business of a 
Caupo. (Dig. 4. tit. 9. s. 5.) " A Nauta, Caupo, 
and Stabularius are paid not for the care which 
they take of a thing ; but the Nauta is paid for 
carrying passengers ; the Caupo for permitting 
travellers to stay in his Caupona ; the Stabularius 
for allowing beasts of burden to stay in his stables, 
and yet they are bound for the security of the 
thing also (custodiae nomine tenentur). n The two 
latter actions are similar to such actions as arise 
among us against innkeepers, and livery stable 
keepers, on whose premises loss or injury has been 
sustained with respect to the property of persons 
which they have by legal implication undertaken 
the care of. At first sight there seems no reason 



REDHIBITORY ACTIO. 



REGULA. 



985 



for these Praetoriae actiones, as the person who 
had sustained loss would either have an actio 
locati and conducti, in cases where payment had 
been agreed on, or an actio depositi, where no pay- 
ment had been agreed on ; but Pomponius suggests 
thai the reason was this : in a matter of Locatum 
and Conductum, the receiver wa3 only answerable 
for loss in case he was guilty of Culpa ; and in a 
matter of Depositum, only in case he was guilty of 
Dolus Malu3 ; but the receiver was liable to these 
Praetoriae actiones, if the thing was lost or injured 
even without any Culpa on his part, and he was 
only excused in case of Damnum fatale, such as 
shipwreck, piracy, and so forth. 

These praetorian actions in factum were either 
" rei persecutoriae " for the recovery of the thing, 
or " pocnales " for damages. The former action 
might be maintained against the hercs of the 
Nauta, Caupo, or Stabularius. The Exercitor of a 
ship was answerable for any loss or damage caused 
to property, which he had received in the legal 
sense of this term, by any person in his employ- 
ment. The actio against him was in duplum. The 
liability on the part of Caupones and Stabularii 
was the same : a caupo for instance was answer- 
able for loss or damage to the goods of any traveller, 
if caused by those who were dwelling or employed 
in the caupona, but not if caused by a mere tra- 
veller. The actio for damages could not be main- 
tained against the hercs. (Dig. 4. tit 9 ; Peckii 
In Titt Dig. el Cod. Ad rem nauticam perti- 
ncntes Commentarii, &c. Amstel. 16611.) 

As to the passages in the Digest (4. tit. 9. s. 1. 
§ 1, and 47. tit 5. § 6) sec Vangerow, Fandekten, 
Acc. iii. p. 436. 

There is a title in the Digest ( 4. tit. 8), De Rc- 
ceptis, qui arbitrium recepcrunt ut sententinm 
dicant When parties who had a matter to liti- 
grf*. had agreed to refer it to an arbitrator, which 
reference was called Compromissum, and a person 
liad accepted the office of arbitrator (arlAtrium re- 
cejierit), the praetor would compel him to pro- 
nounce a sentence, unless he had some legal excuse. 
The Praetor could compel a person of any rank, as 
a Consularis for instance, to pronounce a sentence 
after taking upon him the office of arbitrator ; but 
he could not compel a person who held a Magis- 
tratus or Pntestas, as a Consul or Praetor, for he 
had no Impcrium over them. The parties were 
bound to submit to the award of the arbitrator ; 
and if cither party refused to abide by it, the 
other had against him a poenac petitio, if a poena 
was agreed on in the compromissum ; and if there 
was no poena in the compromissum, he had an 
Inc . rti actio. (Dig. 4. tit. 8.) [G. L.] 

EUBCTNIUM. [Ricinium.] 
R EC I SS( ) K I. V ACTIO. [Intbrcbsoo.] 
K EC I J P K It A TO ' 1 1 E S. [Jrr.KX.I 
ItEDEMPTOll, the general nam.- for a con- 
tractor, who undertook the building and rrpairing 
ol public works, private houses, .v , and in fact of 
any kind of wurk. (Kestus, ». r. ; Hor. Cam. iii. 
1.35, Bp. ii. 2 72 ; Cic. de Dw. ii. 21.) The 
farmers of tho public taxes were also called Re- 
demptur.s. ( ) >ig. I !>. tit. •_». 60. § 8.) 

REDHIMTO'ItlA ACTIO was an actio 
which a buyer hnd against a seller for rescinding 
tin' bargain of sale on account of any non-apparent 
defer t nt the time of the purchase in tin- thing pur- 
chased, which the buyer was not acquainted with, 
and which according to the Edict of the Curule 



Aediles, he ought to have been acquainted with ; 
or for any defect in the qualities of the thing which 
the seller had warranted. The seller was answer- 
able even if he was not aware of the defects. 
" Redhibere," says Ulpian, " is so to act that the 
seller shall have back what he had, and because 
this is done by restoration, for that reason it is 
called ' Redhibitio,' which is as much as to say 
' Redditio.' " 

The effect of the redhibitio was to rescind the 
bargain and to put both parties in the same con- 
dition, as if the sale had never taken place. The 
time allowed for prosecuting the actio redhibitoria 
was " sex menses utiles," when a cautio had been 
given, which were reckoned from the day of sale 
or from the time when any statement or promise 
had been made relating to the matter {dictum 
promissumee, the words of the Edict). If there 
was no cautio, the time allowed was two months. 
(Dig. 21. tit 1.) [G. L.] 

REDIMI'CULUM (/caSe-Hip), a fillet attached 
to the Calantica, Diadcma, Mitra, or other head- 
dress at the occiput, and passed over the shoulders, 
so as to hang on each side over the breast. (Virg. 
Aen. ix. 616; Ovid. Met. x. "260.) Redimicula 
were properly female ornaments (Festus, s. v.; 
Ovid. Ejnst. ix. 71; Juv. ii. 70; Prudent Fsychom. 
448) ; and in the statues of Venus they were imi- 
tated in gold. (Ovid. Fast. iv. 135—137.) [J.Y.] 
REG I A LEX. [Lex Kegia.] 
REGIFU'GIUM or FUGA'LIA, the king's 
flight, a festival which was celebrated by the Romans 
every year on the 24th of February, and according 
to Verrius (ap. Fest. s. r. Heiiifugium) and Ovid 
(Fast. ii. 685, etc.) in commemoration of the flight 
of king Tarquinius Superbus from Rome. The 
day is marked in the Fasti as nefastus. In some 
ancient calendaria the 24th of May is likewise 
called Regifugium, and in others it is described as 
Q. Rex. C. F., that is, " (Juando Rex comitiavit, 
fas," or " Quando Rex comitio fugit" Several 
ancient as well as modern writers have denied that 
either of these days had anything to do with the 
flight of king Tarquiniu3 (Cincius, ap. Fest. I. c), 
and arc of opinion that these two days derived 
their name from the symbolical flight of the Rex 
Sacrorum from the comitium ; for this king-priest 
was generally not allowed to appear in the comi- 
tium, which was destined for the transaction of 
political matters in which he could not take part. 
Hut on certain days in the year, and certainly on 
the two days mentioned above, he had to go to tho 
comitium for the purpose of offering certain sacri- 
fices, and immediately after he had performed his 
functions there, he hastily fled from it ; and this 
symbolical flight is said to have been called Regi- 
fugium. (Fest/. c; Plut. (il'iucst. Hum. 63 ; Ovid. 
Fast. v. 727.) 

KEOt'LA (Kavinv), the ruler used by scribes 
for drawing right lines with pen and ink (liruuck. 
Anal, in.'.!', 87); alio the rule iivd by carpenters, 
masons, and other artificers, cither for drawing 
straight lines or making plane surfaces. (Aristoph. 
Han. 798 ; Vitruv. vii. 3. § 5.) Thnl it was 
marked with equal divisions, like our carpenter's 
rules is manifest from the representations of it 
among the " IntlmmcnlA fabrurum tignariorum," 
in the woodcuts at pp. '287, 8116. The substance, 
with which the lines wi re made, was ruddle or 
red orhre (>iUtoi, Ilnmck, Anal. i. 221 ; (poifixi 
kovoVi, Eurip. Jhrc, Fur. Ir.'j.) [LlOTA.] Tho 



986 



REPETUNDAE. 



REPETUNDAE. 



scale-beam is sometimes called Kaviiu instead oi' 
Cvy6v. [Jugum.] [J. Y.J 

REI UXO'RIAE or DOTIS ACTIO. [Dos.] 
RELA'TIO. [Sbnatus.] 
RELEGA'TIO. [Exsilium. p. SIS, b.] 
REMANCIPA'TIO. [Emancipatio.] 
REMULCUM (pv/xov\Ke7v tos vavs), a rope 
for towing a ship, and likewise a tow-barge ("ife- 
mulcum, funis, quo deligata navis magna trahitur 
vice remi," Isid. Orig. xix. 4. § 8 ; Remulco est, 
quum scaphae remis navis magna trahitur," Festus, 
s. v. ; comp. Caes. B. C. ii. 23, iii. 40 ; flirt. B. 
Alex. 11 ; Liv. xxv. 30, xxxii, 16 ; Polyb. i. 27, 
28, iii. 46). 

REMU'RIA. [Lemuria.] 
REMUS. [Navis, pp. 787, b., 788, a.] 
REPA'GULA. [Janua, p. 626, b.] 
REPETUNDAE, or PECUNIAE REPE- 
TUNDAE. Repetundae Pecuniae in its widest 
sense was the term used to designate such sums of 
money as the Socii of the Roman State or indivi- 
duals claimed to recover from Magistratus, Judices, 
or Publici Curatores, which they had improperly 
taken or received in the Provinciae, or in the Urbs 
Roma, either in the discharge of their Jurisdictio, 
or in their capacity of Judices, or in respect of any 
other public function. Sometimes the word Repe- 
tundae was used to express the illegal act for which 
compensation was sought, as in the phrase " Repe- 
tundarum insimulari, damnari ; " and Pecuniae 
meant not only money, but anything that had 
value. The expression which the Greek writers 
sometimes use for Repetundae is Slkt] Saipwy. (Plut. 
Sulla, 5.) 

It is stated by Livy (xlii. 1) that before the year 
B. C.T73, no complaints were made by the Socii of 
being put to any cost or charge by the Roman magis- 
tratus. When complaints of exactions were made, 
an inquiry was instituted into this offence extra or- 
dinem ex Senatusconsulto as appears from the case 
of P. Furius Philus and M. Matienus, who were 
accused of this offence by the Hispani. (Liv. xliii. 
2.) The first Lex on the subject was the Calpur- 
nia, which was proposed and carried by the Tri- 
bunus Plebis, L. Calpurnius Piso (b. c. 149), who 
also distinguished himself as an historical writer. 
By this Lex a Praetor was appointed for trying 
persons charged with this crime. (Cic. de Off. ii. 
21, Brut. 27,) This Lex only applied to Pro- 
vincial Magistratus, because in the year B. c. 141 
according to Cicero (de Fin. ii. 16) the like offence 
in a Magistratus Urbanus was the subject of a 
Quaestio extra ordinem. It seems that the penal- 
ties of the Lex Calpurnia were merely pecuniary, 
and at least did not comprise exsilium, for L. Cor- 
nelius Lentulus who was Censor B. c. 147, had 
been convicted on a charge of Repetundae in the 
previous year. The pecuniary penalty was ascer- 
tained by the litis aestimatio, or taking an account 
of all the sums of money which the convicted party 
had illegally received. 

Various leges de repetundis were passed after 
the Lex Calpurnia, and the penalties were con- 
tinually made heavier. The Lex Junia was passed 
probably about B. c. 126 on the proposal of M. Ju- 
nius Pennus, Tribunus Plebis. It is probable that 
this was the Lex under which C. Cato, Proconsul 
of Macedonia, was living in exile at Tarraco (Cic. 
pro Ba/bo, 1 1 ; Veil. Pat. ii. 8) ; for at least exsi- 
lium was not a penalty imposed by the Calpurnia 
Lex, but was added by some later Lex. This 



Lex Junia and the Lex Calpurnia are mentioned 
in the Lex Servilia. 

The Lex Servilia Glaucia was proposed and car- 
ried by C. Servilius Glaucia Praetor B. c. 100. 
This Lex applied to any magistratus who had im- 
properly taken or received money from any private 
person ; but a magistratus could not be accused 
during the term of office. The Lex enacted that 
the Praetor Peregrinus should annually appoint 
450 judices for the trial of this offence : the judices 
were not to be senators. The penalties of the Lex 
were pecuniary and exsilium ; the law allowed a 
comperendinatio. (Cic. in Verr. i. 9.) Before the 
Lex Servilia, the pecuniary penalty was simple 
restitution of what had been wrongfully taken ; 
this Lex seems to have raised the penalty to double 
the amount of what had been wrongfully taken ; 
and subsequently it was made quadruple. Exsi- 
lium was only the punishment in case a man did 
not abide his trial, but withdrew from Rome. 
(Savigny, VondemSchutz der Mind., Zeitschrift, x.) 
Under this Lex were tried M' Aquillius, P. Ruti- 
lius, M. Scaurus, and Q. Metellus Numidicus. The 
Lex gave the Civitas to any person on whose com- 
plaint a person was convicted of Repetundae. (Cic. 
pro Balbo, 23, 24. ) 

The Lex Acilia, which seems to be of uncertain 
date (probably b. c. 101), was proposed and carried 
by M 1 Acilius Glabrio, a Tribunus Plebis, which 
enacted that there should be neither ampliatio nor 
comperendinatio. It is conjectured that this is the 
Lex Caecilia mentioned by Valerius Maximus (vi. 
9, 10), in which passage if the conjecture is correct, 
we should read Acilia for Caecilia. (Cic. in Verr. 
Act. i. 17, in Verr. i. 9.) It has sometimes been 
doubted whether the Acilia or Servilia was first 
enacted, but it appears that the Acilia took away 
the comperendinatio which the Servilia allowed. 

The Lex Cornelia was passed in the dictatorship 
of Sulla b. c. 81, and continued in force to the time 
of C.Julius Caesar. It extended the penalties of 
Repetundae to other illegal acts committed in the 
provinces, and to judices who received bribes, to 
those to whose hands the money came, and to those 
who did not give into the Aerarium their Procon- 
sular accounts (proconsulares rationes). The Praetor 
who presided over this quaestio chose the judges by 
lot from the Senators, whence it appears that the 
Servilia Lex was repealed by this Lex, at least so 
far as related to the constitution of the court. 
This Lex also allowed ampliatio and comperendi- 
natio. The penalties were pecuniary (litis aesti- 
matio) and the aquae et ignis interdictio. Under 
this Lex were tried L. Dolabella, Cn. Piso, C. 
Verres, C. Macer, M. Fonteius, and L. Flaccus, 
the two last of whom were defended by Cicero. In 
the Verrine Orations Cicero complains of the com- 
perendinatio or double hearing of the cause, which 
the Lex Cornelia allowed, and refers to the practice 
under the Lex Acilia, according to which the case 
for the prosecution, the defence, and the evidence 
were onlj r heard once, and so the matter was de- 
cided. (In Verr. i. 9.) 

The last Lex de Repetundis was the Lex Julia 
passed in the first consulship of C. Julius Caesar 
B. c. 59. (Cic. in Vat. 12.) This Lex consisted 
of numerous heads (capita) which have been col- 
lected by Sigonius. (Cic. ad Fam. viii. 8.) This 
Lex repealed the penalty of exsilium, but in ad- 
dition to the litis aestimatio, it enacted that per- 
sons convicted under this Lex should lose their 



RESTITUTIO IN INTEGRUM. 



RESTITUTIO IN INTEGRUM. 9i!7 



rank, and be disqualified from being witnesses, 
judices, or senators. This is the Lex which was 
commented on by the Jurists, whose expositions 
are preserved in the Digest (48. tit. 1 1 ), and in the 
Code (9. tit. 27). This Lex adopted some pro- 
visions that existed in previous Leges, as for in- 
stance that by which the money that had been im- 
properly retained could be recovered from those 
into whose hands it could be traced. (Cic. pro C. 
Rubir. Post. 4.) The Lex had been passed when 
Cicero made his oration against Piso, b. c. 5.5. (In 
Pis.2].) A. Gabinius was convicted under this 
Lex. Many of its provisions may be collected 
from the oration of Cicero against Piso. Cicero 
boasts that in his proconsulship of Cilicia there 
was no cost caused to the people by himself, his 
legati, quaestor, nor any one else ; he did not even 
demand from the people what the Lex (Julia) al- 
lowed him. (Ad AH. v. 16.) 

Under the Empire the offence wa3 punishable 
with exile. (Tacit. Annul, xiv. 28, and the note of 
Lipsius.) 

In Clinton's Fasti Iletlenici, the Lex Calpumia 
is incorrectly stated to be the first law at Rome 
against Bribery at Elections. Bribery is A mbitus. 

(Sigonius de Jwliciis, ii. c. 27 ; Rein, Das Cri- 
minalrccht der Homer, p. 604, &.C ; Rudorff, t'efter 
die Octarianisc/ie Forme/, Zeitschrift fur Geseliicht. 
Keehtnc. tec. xiL p. 136.) [G. L.] 

BEPLICATIO. [Actio, p. 10.] 

RKPOSITO'RIA. [Cobna, p. :;o7, b.] 

REPOTIA. [Matrimonium, p. 744, a.] 

REPU'DIUM. [Divortium.} 

RES. [Dominium.] 

RES JUDICATA. [Judicata Actio.] 

KES MA'NCIPI. [Dominium.] 

UK-CM PT I M. [CONSTITUTIONES.] 
KKSI'i INSA. [Jl'RISCONSULTI.] 

RESTITUTIO IN INTEGRUM, in the 
tense in which the term will here be used, signifies 
the rescinding of a contract or legal transaction so 
as to place the parties to it in the same position 
with respect to one another which they occupied 
before the contract was made or the transaction 
took place. The Restitutio here spoken of is 
founded on the Edict. If the contract or trans- 
action is such as not to be valid according to the 
Jus Civile, this Restitutio is not needed ; and it 
only applies to cases of contract* and transaction, 
which arc not in their nature or form invalid. In 
order to entitle n person to the Restitutio, he must 
havp sustained some injur, cnjiablc of being esti- 
mated, in consequence of the contract or transaction, 
and not through any fault of his own ; except in 
the case of one who is minor xxv annorum, who was 
protected by the Restitutio against the consequences 
of his own carelessness. The injury also must be 
one for which the injured person has no other 
remedy. 

The Restitutio may either be effected on the 
complaint of the injured party, which would gene- 
rally be made nfter the completion of the trans- 
nj-tinn, or when he is sued l>y the other party in re- 
spect of the transaction and defends himself by an 
EXCeptio. The complaint as a general rule must 
be made within four years of the time of the injury 
being discovered, and of the party being capable 
of bringing his action ; in the case of Minorei the 
four years we're reckoned from the time of their 
■Wining their majority. In the cue of an Kxci-p- 
tio there was no limitation of time. (Cod. 2. lit. 53. 



.=. 7.) According to the old law the complaint must 
be made within one year. 

The application for a Restitutio could only be 
made to one who had Jurisdictio, either original 
or delegated, which flowed from the possession of 
the Imperium ; and it might, according to the cir- 
cumstances, be decreed by the Magistrate extra 
ordinem, or the matter might be referred to a 
Judex. When a Restitutio was decreed, each 
party restored to the other what he had received 
from him with all its accessions and fruit3, except 
so far as the fruits on one side might be set off 
against the interest of money to be returned on 
the other side. All proper costs and expenses in- 
curred in respect of the thing to be restored were 
allowed. If the object of the Restitutio was a 
right, the injured party was restored to his right ; 
or if he had incurred a duty, he was released from 
the duty. 

The action for Restitutio might be maintained 
by the person injured, by his heredes, cessionarii, 
and sureties ; but as a general rule it could only 
be maintained against the person with whom tho 
contract had been made, and not against a third 
person who was in possession of the thing which 
was sought to be recovered, except when the actio 
for restitutio was an actio in rem scripta, or the in- 
jured party had an actio in rem, or when the right 
which he had lost was a right in rem. 

The grounds of Restitutio were either those ex- 
pressed in the Edict, or any good and sufficient 
cause : " item si qua alia mihi justa causa esse 
videbitur in integrum restituam, quod ejus per 
Leges, Plcbiscita, Senatusconsulta, Edicta, Dccreta 
Principum liccbit" (Dig. 4. tit. 6. s. 1.) 

The following are the chief cases in which a 
Restitutio might be decreed. 

The case of Vis ct Metus. If a man did an act 
that was injurious to himself, through vis or metus, 
the act was not for that reason invalid, nor was it con- 
sidered that his assent was wanting (Dig. 4. tit. 2. 
s. 21. § .5) : but it was contra bonos mores to allow 
such an act to have legal effect. When a man had 
acted under the influence of force, or reasonable 
fear caused by the acts of another party, he had 
an actio quod metus causa for restitution against 
the party who was the wrongdoer, and also against 
an innocent person who was in possession of any 
thing which had thus been got from him, and also 
against the heredes of the wrongdoer if they were 
enriched by being his heredes (i/uunlum ad cos 
permit). If he was sued in respect of the trans- 
action, he could defend himself by an execptio 
quod metus cnu-a. The actio Quod Metus wns 
given by the Praetor L. Octnviua, a contemporary 
of Cicero. (Compare Cic. in Vrrr. iii. 65, and Dig. 
4. tit. 2. 1. 1.) 

The case of Dolus. When a man was fraudu- 
lently induced to become a party to a transaction, 
which was legal in all respects, saving the fraud, 
he had his actio de dolo malo against the guilty 
person and his heredes, so far as they were mado 
richer by the fraud, for the restoration of the thing 
of which he had been defrauded, and if that was 
not possible, for compensation. Against a third 
party who wns in bona tide possession of the thing, 
DC had DO action. If he was sued in respect of the 
transaction, he could defend himself by the exeep- 
tio doli mnli. (Compare Dig. 4. tit. .').; 

The case of Minorc* xxv. nnnnrum. A Minor 
could by himself do no legal act for which the 



988 RESTITUTIO IN INTEGRUM. 

assent of a Tutor or Curator was required, and 
therefore if he did such act by himself, no Resti- 
tutio was necessary. If the Tutor had given his 
Auctoritas, or the Curator his assent, the trans- 
action was legally binding, but yet the Minor 
could claim Restitutio if he had sustained injury 
by the transaction. Gaius (iv. 57) gives an ex- 
ample, when he says that if too large an amount 
was inserted in the Condemnatio of the Formula, 
the matter is set right by the Praetor, or in other 
words " reus in integrum restituitur," but if too 
little was inserted in the formula, the Praetor would 
not make any alteration ; " for," he adds, " the 
Praetor more readity relieves a defendant than a 
plaintiff ; but we except the case of Minores xxv 
annorum, for the Praetor relieves persons of this 
class in all cases wherein they have committed 
error (in omnibus rebus lapsis)." 

There were however cases in which Minores could 
obtain no Restitutio ; for instance, when a Minor 
with fraudulent design gave himself out to be 
Major ; when he confirmed the transaction after 
coming of age ; and in other cases. The benefit of 
this Restitutio belonged to the heredes of the Mi- 
nor, and generally also to sureties. The demand 
could only be made, as a general rule, against the 
person with whom the Minor had the transaction 
and his heredes. The Minor had four years after 
attaining his majority, in which he could sue. The 
older law allowed only one year. If the time had 
not elapsed when he died, his hereshad the benefit 
of the remaining time, which was reckoned from 
the time adeundi. hereditatem ; and if the heres 
.was a Minor, from the time of his attaining his 
majority. [Curator.] 

The case of Absentia : which comprehends not 
merely absence in the ordinary sense of the word, 
but absence owing to madness or imprisonment, 
and the like causes. (Dig. 4. tit. 6. s. 28.) If a 
man had sustained injury by his own absentia, he 
was generally intitled to restitutio, if the absentia 
was unavoidable : if it was not unavoidable, he 
was intitled to Restitutio, either if he could have 
no redress from his Procurator, or was notblamable 
for not having appointed one. If a man found 
that he might sustain damage on account of the 
absence of his adversary, he might avoid that by 
entering a protestation in due form. 

The case of Error, Mistake, comprehends such 
error as cannot be imputed as blame ; and in such 
case, a man could always have restitutio when 
another was enriched by his loss. The erroris 
causae probatio somewhat resembles this case. 
(Gaius, i. 67—75.) 

The case of Capitis diminutio through adrogatio 
or in manum conventio, which was legally followed 
by the extinction of all the obligationes of the per- 
son adrogated or in manu. The Praetor restored 
to the creditors of such persons their former rights. 
(Gains, iii. 83, iv. 38.) 

The case of alienatio judicii mutandi causa facta 
is hardly a case of restitutio, though sometimes 
considered such. It occurs when a man alienates 
a thing for the purpose of injuring a claimant by 
substituting for himself another against whom the 
claimant cannot so easily prosecute his right. In 
the case of a thing which the Possessor had thus 
alienated, the Praetor gave an actio in factum 
against the alienor to the full value of the thing. 
If a man assigned a claim or right with the view 
of injuring his adversary by giving him a harder 



RETIS. 

claimant to deal with, the adversary could meet the 
assignee, when he sued, with an exceptio judicii 
mutandi causa. 

The case of alienatio in fraudem creditorum 
facta. (Dig. 42. tit. 8.) When a man was insol- 
vent (non solvendo), and alienated his property for 
the purpose of injuring his creditors, the Praetor's 
Edict gave the creditors a remedy. If for instance 
a debt was paid post bona possessa, it was abso- 
lutely void, for the effect of the Bonorum Pos«essio 
in the case of insolvency was to put all the credi- 
tors on the same footing. If any alienation was 
made before the Bonorum Possessio, it was valid 
in some cases. A debtor might reject any thing 
which was for his advantage, for the Praetor's 
edict related only to the diminution of his property, 
and not to its increase. If the act was such as to 
diminish his property (fraudationis causa) the cre- 
ditors, as a general rule, were intitled to have the 
act undone. A creditor who exacted his just debt, 
was intitled to retain it. The actio by which the 
creditors destroyed the effect of an illegal aliena- 
tion was called Pauliana, which was brought by 
the Curator bonorum in the name of the creditors, 
for the restoration of the thing which had been im- 
properly aliened, and all its fruits. The creditors 
were also intitled to an Interdictum fraudatorium 
in order to get possession of the thing that had 
been improperly aliened. (Dig. 36. tit. 1. s. 67.) 

In the Imperial times, Restitutio was also ap- 
plied to the remission of a punishment (Tac. Ann. 
xiv. 1 2 ; Plin. Ep. x. 64, 65 ; Dig. 48. tit. 1 .9. s. 27) 
which could only be done by the Imperial grace. 

(Dig. 4. tit. 1—7 ; 44. tit. 4 ; Paulus, S. R. i. 
tit. 7—9 ; Cod. 2. tit. 20—55 ; Cod. Theod. 2. 
tit. 15, 16 ; Muhlenbruch, Doct. Pandect. ; Mac- 
keldey, Lehrbuch, &c. 12th ed. ; Rein, DasRomisclie 
PrivatrecM ; Rudorff, Zeitschrift fur Geschicht. 
Rechtsw. xii. 131, Ueberdie Octavianische Formel ; 
Puchta, Inst. ii. § 209.) [G. L.] 

RESTITUTO'RIA ACTIO. [Intercessio.] 
RETIA'RII. [Gladiatores, p. 575, b.] 
RETI'CULUM, a head-dress. [Coma, p; 
329, a.] 

RETIS and RETE ; dim. RETI'CULUM 
(Si'ktuoc), a net. Nets were made most commonly 
of flax from Egypt, Colchis, the vicinity of the 
Cinyps in North Africa, and some other places. 
Occasionally they were of hemp. (Varro, de Re 
Rust. iii. 5.) They are sometimes called Una 
(Klva) on account of the material of which they 
consisted. (Horn. //. v. 487 ; Brunck, Anal. ii. 
494, 495.) The meshes (maculae, Ovid. Epist. v. 
19 ; Varro, de Re Rust. iii. 11 ; Nemesiani, Cyneg. 
302 ; fip6xoi, dim. flpox'tSts, Heliodor. vi. p. 231, 
ed. Commelin.) were great or small according to 
the purposes intended ; and these purposes were 
very various. But by far the most important ap- 
plication of net-work was to the three kindred arts 
of fowling, hunting, and fishing : and besides the 
general terms used alike in reference to all these 
employments, there are special terms to be explained 
under each of these heads. 

I. In fowling the use of nets was comparatively 
limited (Aristoph. An. 528) ; nevertheless thrushes 
were caught in them (Hor. Epod. ii. 33, 34) ; and 
doves or pigeons with their limbs tied up or 
fastened to the ground, or with their eyes covered 
or put out, were confined in a net, in order that 
their cries might allure others into the snare. 
(Aristoph. Av. 1083.) The ancient Egyptians, as 



RETIS. 

wc leam from the paintings in their tombs, caught 
birds in clap-nets. (Wilkinson, Man. and Oust. vol. 
iii. pp. 35 — 38, 45.) 

II. In hunting it was usual to extend nets in a 
curved line of considerable length, so as in part to 
surround a space into which the beasts of chace, 
such as the hare, the boar, the deer, the lion, and 
the bear, were driven through the opening left on 
one side. (Aclian, //. A. xii. 40 ; Tibullus, iv. 3. 
12 ; Plin. H. N. xix. 2. § 2.) This range of nets 
was flanked by cords, to which feathers dyed 
scarlet and of other bright colours were tied, so as 
to flare and flutter in the wind. The hunters then 
sallied forth with their dogs, dislodged the animals 
from their coverts, and by shouts and barking 
drove them first within the formdo, as the appa- 
ratus of string and feathers was called, and then, 
as they were scared with this appearance, within 
the circuit of the nets. Splendid descriptions of 
this scene are given in some of the following pas- 
sages, all of which allude to the spacious enclosure 
of net-work. ( Virg. Gtorg. iii. 411— 413, Aen. iv. 
121, 151— 159, x. 707— 715 ; Ovid. Eput. iv. 41, 
42, v. 19,20 ; Oppian, Cyn.iv. 120—123 ; Eurip. 
Bacchae, 821—832.) The accompanying woodcuts 
are taken from two bas-reliefs in the collection of 
ancient marbles at Ince-Blundell in Lancashire. 
In the uppermost figure three servants with staves 
cany on their shoulders a large net, which is in- 



KLTIS. 



989 




tended to be sot up as already described. (Tibullus, 
i. 4. 49, 50 ; Sea HippoL L 1. 44 ; Propcrt. iv. 2. 
32.) The foremost servant holds by a leash a dog, 
which is eager to pursue the game. In the middle 
figure the net is set up. At each end of it stands 
a watchman holding a staff. (Oppian, Cyney. iv. 





121.) Bring intended to take such large quadru- 
ped* as boars and deer (which are teen within it), 
tli.- meshes arc very wide (retia rara, Virg. Am. 
iv. 131 ; llnr. Kjxxl. ii. 3.".). The net is supported 
by three stakes (orcfAiKM, Oppian, Cywy. iv. 07, 
&C. j Pollux, v. 31 ; aneonri, uralinf, Cyneg. 117 
win',' l.ucan, iv. 439). To dispose the nets in this 
mma was called retia ponrre (Virg. Henry, i 
307). or rttia trndere (Ovid. Art. Awnl. i. 
Comparing it with the stature of the attendants, 
we perceive the net to he between five and six feet 
Ugh. The upper border of the net consists of a 
ItTOng rope, which was called oaptwv. (Xen. de 
Vrnnt. vi. 9.) The figures in the following woodcut 
represent two men carrying the net home after 
the ehace ; the stakes for supporting it, two 
which they hold in their hands, are forked nt the 
top, as is expressed by the terms for them already 
quoted, anri/nr* and iwri. 

Benin the nets used to inclose woods nnd co- 
verti or other large tracts of country two additional 
kinds are mentioned by those authors who treat on 



hunting. All the three are mentioned together by 
Xciiophon (Si'ktuo, (v6Sia, ipxves, ii. 4), and by 
Nemesianus (Cyneg. 299, 300). 

The two additional kinds were placed at inter- 
vals in the same circuit with the large hunting-net 
or have. The road-net ( plaga, 4v6Stov) was much 
less than the others, and was placed across roads 
and narrow openings between bushes. The purse- 
or tunnel-net (cassis, UpKvs) was made with a bag 
((C6/cpu<f>aAof, Xen. de Venal, vi. 7), intended to 
receive the animal when chased towards the extre- 
mity of the inclosure. Within this bag, if we may 
so call it, were placed branches of trees, to keep it 
expanded and to decoy the animals by making it 
invisible. The words ap/tos or cassis are used me- 
taphorically to denote some certain method of de- 
struction, and arc more particularly applied, as 
well as ifUplSKriirrpoy, which will be explained 
immediately, to the large shawl in which Clytem- 
ncstra enveloped her husband in order to murder 
him. (Aeschyl. Ayam. 10!i5, 1340', 1353, Cltocph. 
485, Eumen. 112.) 

111. Fishing-nets (oAieuriKo 8(ktuo, Diod. Sic. 
xvii. 43, p. 193, Wess.) were of six different kinds, 
which are enumerated by Oppian (Hal. iii. 80 — 82) 
as follows : — 

Twv to ftiv au<p[SKr\(rrpa,ra. 5e ypt<poi HaKtovrai, 
rdyyafia r\ T)5' vnox<& irtpirryft s, ijoe aarpivai, 
*AAAo oi KtK\ri<TKov<n Ka\iififiaTa. 

Of these by far the most common were the 
aiupiGk-ninpov, or casting-net (J'uuda, jaculuni, 
retinaculum) and the aa.yi\vr\, i. e. the drag-net, or 
sean (trayum, laid. Ilisp. Oriy. xix. 5 ; trayula, 
cerriculum). Consequently these two are the only 
kinds mentioned by Virgil in Gtorg. i. 141, 142. 
and by Ovid, in Ar.Amat. i. 703, 764. Of the 
naXv/ifia we find nowhere any further mention. 
Wc arc also ignorant of the exact form and use of 
the yp7<pos, although its comparative utility may 
be inferred from the mention of it in conjunction 
with the sean nnd casting-net by Artomidonis (ii. 
14) and Plutarch (i"pl tuBu^ vol. v. p. 838, ed. 
Steph.). We know no more of the ydyyti-noy. 
(Heaych. i.v.; Aeschyl. Ayam. 352.) The irxoxh 
was a landing-net, made with a hoop (kvkAuv) 
fastened to n pole, nnd perhaps provided also with 
the means of closing the circular aperture nt the 
top. (Oppian, Hal. iv. 251.) The metaphorical 
use of the term ifupiS\r)mpov has been already 
mentioned. That it denoted a casting-net mny be 
concluded both from its etymology and from the 
circumstances in which it is mentioned by vnrious 
nuthors. (Ilesiod, Scut. Here. 213 — 215 ; Ilerod. 
i. I ll ; Ps. rxli. 10 ; la. xix. 8 ; Hah. i. 15—17 
( I.X X. and Vulgate versions) ; St Malt. iv. 18 ; 
St. Mark, i. IG.) More especially the casting-net, 
being always pi-ar-shaped or conical, was suited to 
iii ii <■ mm nt ed under the article CoNul'Kl'M. 



990 



REX. 



REX. 



Its Latin names are found in the passages of Vir- 
gil's Georgics, and of the Vulgate Bible above re- 
ferred to, in Plautus, Asinar. i. 1. 87, True. i. 1. 
14 ; and in Isid. Hisp. Orig. xix. 5. 

The English term sean (which is also in the 
south of England pronounced and spelt seine, as in 
French), has been brought into our language by a 
corruption of the Greek <rayr\v7) through the Vul- 
gate Bible (sagena) and the Anglo-Saxon. (Ezek. 
xxvi. 5,14, xlvii. 10 ; St.Matt.xiii.47,48 ; St. John 
xxi. 6 — 11.) This net, which, as now used both 
by the Arabians and by our own fishermen in 
Cornwall, is sometimes half a mile long, was pro- 
bably of equal dimensions among the ancients, for 
they speak of it as nearly taking in the compass 
of a whole bay. (Horn. CW.xxii. 384—387 ; Alci- 
phron, i. 17, 18.) This circumstance well illus- 
trates the application of the term to describe the 
besieging of a city : to encircle a city by an unin- 
terrupted line of soldiers was called (rayriveveiv. 
(Herod, iii. 145, vi. 31 ; Plato, de Leg. iii. sub 
fin. ; Heliodorus, vii. p. 304, ed. Commelini.) The 
use of corks (<pe\\ol, cortices suberini, Sidon. 
Apollin. Epist.ii.2; Plin. H.N. xvL 8. s. 13) 
to support the top, and of leads (p.o\iSS'iSes) to 
keep down the bottom, is frequently mentioned by 
ancient writers (Ovid. Trist. iii. 4. 11, 12 ; Aelian, 
//. A. xii. 43 ; Pausan. viii. 12. § 1), and is clearly 
exhibited in some of the paintings in Egyptian 
tombs. Leads, and pieces of wood serving as floats 
instead of corks, still remain on a sean which is 
preserved in the fine collection of Egyptian anti- 
quities at Berlin. (See Yates, Textrinum Anti- 
quum, Appendix C.) [J. Y.] 

REUS. [Actor ; Obligationes, p. 658.] 

BEX (jScuriAevy, &«*£), king. 1. Greek. In the 
earliest ages of Greece, of which we have any au- 
thentic records, we find the kingly form of govern- 
ment everywhere prevalent. On this point we may 
safely trust the pictures of society found in the 
Homeric poems ; for whatever amount of historical 
truth there may be in the legends which form their 
subject, there cannot be the smallest question that 
the poems present a faithful reflection of the feel- 
ings, condition and manners of the society in the 
age of which they were composed. 

Whether in early times absolute monarchies ex- 
isted in Greece, we have no historical data for 
determining. The first of which we can trace the 
features are hereditary monarchies with limited 
functions (npijtpov 5e i)Cav iirl pr)To?s -yepairi 
warpiKal jScuriAeiai, Thuc. i. 13 ; T] irepl tovs 
Tjpui'iKovs xp6vovs [/3a<riAei'a] i\v kit6vTtoV fieu iirl 
Tiai 8' iipio fievois, Arist. Pol. iii. 10, ed. Gbttl. 
14, ed. Bekker ; comp. Dionys. Halic. v. 74). 
By this we are to understand, not only that the 
kings were themselves under the control of law or 
custom, but that only a portion of the functions of 
political sovereignty were in their hands. This is 
the fourth species of fiaaiXtia which Aristotle re- 
cognises ; the others being, a. the royalty of the 
Spartan kings ; b. the royalty of barbarian kings 
(an hereditary despotism administered according to 
law) ; c. the government of an aesymnetes (Arist. 
Pol. iii. 9 or. 14). It is not to be supposed, how- 
ever, that the Grecian kings of the heroic age were 
constitutional kings, or were responsible to their 
subjects in any recognised sense. Their authority 
was founded purely on the personal feeling and 
reverence entertained for them by their subjects, 
and its limitations were derived not from any de- 



finite scheme, or written code, but from the force of 
traditionary usage, and the natural influence of the 
circumstances in which the kings were placed, sur- 
rounded as they were by a body of chiefs or nobles, 
whose power was but little inferior to that of the 
kings themselves. Even the title /3a;nA7;es is ap- 
plied to them, as well as to the king (Horn. 11. ii. 
86, Od. i. 394, vii. 55, viii. 391). The main- 
tenance of regal authority doubtless depended 
greatly on the possession of personal superiority in 
bravery, military prowess, wisdom in council and 
eloquence in debate. When old age had blunted 
his powers and activity, a king ran a great chane- 
of losing his influence. {Od. xi. 496 ; comp. II. 
xii. 310, &c.) There was, however, an undefined 
notion of a sort of divine right connected with the 
kingly office (e« Se Aibs $a<riA?jej, Hesiod. Theog. 
96 ; comp. Horn. Od. xi. 255. Hence the epithet 
Siorpe(pr]s, so commonly applied to kings in Homer). 
This, in most cases, was probably strengthened by 
a belief in the divine descent of kingly families. 

Besides the more ordinary kingly accomplish- 
ments, there were various others, proficiency in 
which gave increased dignity and consideration 
even to a king. To be a skilful carpenter or 
ploughman was considered not unworthy of being 
made a matter of boast (Horn. Od. v. 246, xviii. 
365, xxiii. 188). Prowess in boxing and other 
athletic exercises was more closely connected with 
superiority in the use of arms. (Od. viii. 180, &c. 
II. xxiii. 257, &c.) 

Aristotle (I. c.) mentions, as the functions of the 
kings in the heroic age, the leadership in war, the 
offering of such sacrifices as were not appropriated 
to particular priests, and the duty of deciding 
judicial causes. But both in the field and in the 
agora the king always appears in connection with the 
PovA-ti, or council of chiefs and elders, of which he 
acts as president. Even before Troy Agamemnon 
submits his plans to the assembled chieftains and 
soldiers {11. ii. 53, &c. x. 195, &c). The restrictive 
influence of these assemblies was, however, rather 
indirect than ostensible. The chieftains or princes 
merely offer their advice (II. ix. 95, &c.), and the 
multitude assembled outside the circle in which 
they sit take no part in the deliberations. They 
only listen, and sometimes applaud (II. ii. 100 ; 
Aristot. ap. Schol. ad 11. ix. 17). Still less is 
the matter in hand put in any formal way to the 
vote of either the /SouAij, or the assembly of freemen. 
The assemblies described in the second book of the 
Iliad and the second book of the Odyssey will 
give a good idea of their nature. Injudicial trials 
the council of elders seems always to have held a 
prominent place. (II. xviii. 504 ; Hesiod. Theog. 
85, Op. et D. 37.) Theoretically the govern- 
ment of the heroic age was in the strictest sense 
monarchical (see especially the remarkable pas 
sage II. ii. 204). Here and there the poet repre- 
sents kings as using language which would imply a 
power on the part of the king to deal with his do- 
minions and subjects in a very summary manner 
(see the offer of Agamemnon to make over to 
Achilles seven cities, //. ix. 153 ; and of Menelaus, 
to depopulate one of his towns to make room for 
Ulysses, Od. iv. 176). No doubt the power of 
different kings varied, and in the absence of definite 
constitutional restrictions the actual amount of 
power in the hands of each depended mainly on 
his individual qualifications and address. The 
cases, however, must have been extremely rare in 



HEX. 



REX. 



091 



which it approached to absolute power (-rauScuri- 
Ae/a). Even the voice of the commonalty carried 
a moral weight with it that ensured some degree of 
respect for it (xaAe7T7j S/j/iou ipriais, Od. xiv. 239, 
vi. 273). 

Besides such private property as the king might 
possess, he had the use of a domain attached to 
the regal office. (Od. xi. 185.) The rejteVn here 
spoken of are different from the leT-fi/iara, or pri- 
vate property of the family, which Telemachus 
would retain, even if excluded from the throne, 
and so deprived of the use of the royal domain. 
{Od. i. 402.) There were also stated dues (de- 
plores), which formed an important item in the 
king's emoluments (hence termed Aiwapai', ix. 
156, 298). But besides these a large part of his 
revenues was derived from presents (Stiriyai or 
Swpa), which appear to have been given on most 
occasions on which his aid or protection was in- 
voked (11. ix. 15.5, xvii. 225). The characteristic 
emblem of the kingly office was the oicriirrpov (11. 
ii. 101, 206). [Scbptrdm.] 

It was doubtless seldom that the rule of here- 
ditary succession was infringed upon, though the 
case of Telemachus (Od. i. 386', &.c.) indicates that 
under peculiar circumstances the idea of departing 
from it might be entertained. But even here the 
presumptive right of Telemachus is admitted. Such 
a departure from the ordinary rule, however, 
marks a considerable decline in the kingly power, 
and advance on the part of the nobles. At a later 
period we find kings deprived of their throne for 
misconduct, as in the case of Thymoetes in Attica. 
At ■ later period than the Homeric ace the fact of 
responsibility was regarded as constituting the dif- 
ference between a king and a tyrant (Arist. PoL IT. 
H). Hence at Argos Phcidon is called a tyrant, 
though he was a legitimate successor to the throne, 
because he acquired for himself despotic authority. 

Our information -respecting the Grecian kings in 
the more historical age is not ample or minute 
•Bough to enable us to draw out a detailed scheme 
of tli'-ir functions. The rising influence of the 
nobles gradually reduced these to narrower and 
narrower limits till at last the establishment of 
aristocratical or oligarchical governments became 
almost universal. Respecting the kings of Sparta 
the rata i» referred to the article EPHORI. As 
an illustration of the gradual limitation of the pre- 
rogative* of the king or chief magistrate, the reader 
may consult the article AxCHOIC The title lia- 
silrut was sometimes applied to an officer who dis- 
charged the priestly functions of the more ancient 
Uugt, as in Athens [ARCHONj, Delphi (PluL 
Qmirst. dr. 7. p. 177), Siphnoi (Isocr. »</ f'allim. 
p. 885), Megiira (Chandler, Alarm, (him. 2, 82), 
Chalcedon (Cnyliu, Recueil, ice. ii. 55), Cyzicui 
(id. ii. 71, 72), and Samothrace (Liv. xlr. 5). 
(K. K. Hermann, Ishrlimh drr ijrirrh. Stunt nultrr- 
(I BMT, §j 53—55 ; Wachsmuth, I Irllenitche Al- 
trrthumtkundr, S§ 88, 43 ; Thirlwall, Ilia, of 
Greta, cc. vi. x. ; Grote, Hut. of Greece, c. xx. 
VOL ii. p. 7''. &< i [C. P.M.] 

2. Human. Home was originally governed by 
kings. All the ancient writers agree in repre- 
senting the king ns elected by the people for life, 
nnd ns voluntarily entrusted by them with the 
suprem • power in the state. No reference is made 
to the hereditary principle in the election of the 
first four kingl ; nnd it is nut until the fifth king 
Tan pi in ins l'riscus obtained the sovereignty, that 



anything is said about the children of the deceased 
king. Consequently the ancient writers state that 
the king was chosen on account of his virtues and 
not his descent (Cic. dc Rep. ii. 12 ; Appian, B. C. 
i. 98). It is true that in the case of Romulus the 
genuine legend makes no mention of his election to 
the royalty ; and one of the acutest modern writers 
on the history of the Roman constitution has 
availed himself of this circumstance to support his 
theory, that the Roman king was not elected by the 
people, but derived his power immediately from 
the gods, and that this power devolved upon the 
senate at his death, and was transmitted in all its 
integrity to the next king by means of the inter- 
reges (Rubino, Untersucltunyen uber Romische i'er- 
fassuny, p. 107, ceo). Our limits will not permit 
us to enter into an examination of this theory. It 
rests to a great extent upon the assumption that 
the Patres in the early Roman constitution were 
the senate ; and it falls if it can be proved that the 
Patres in the earliest times were the same as the 
whole body of the patricians. We think that W. A. 
Becker (Handbuch der Romixchen Altertkumer) has 
established beyond all doubt that the latter is the 
true meaning of the Patres, and that the common 
view is correct, which represents the king as volun- 
tarily entrusted by the people with the supreme 
power. 

Since the people had conferred the regal power, 
it returned to them upon the death of the king. 
As in modern states it is held that the king never 
dies, in like manner in Rome the vacant place was 
instantly filled up. But as a new king could 
not be immediately appointed, an Interrex forth- 
with Btcppcd into his place. The necessity for an 
immediate successor to the king arose from the 
circumstance that he alone had had the power of 
taking the auspicia on behalf of the state ; and as 
the auspicia devolved upon the people at his death, 
it was imperative upon them to create a magistrate, 
to whom they could delegate the auspicia and 
who would thus possess the power of mediating 
between the gods and the suite. Originally the 
people consisted only of the patres or patricii ; 
and accordingly, on the death of the king, we 
read ret ad jxitres rrdit (Liv. i. 32), or, what is 
nearly tin- same thing, n'l-piriu ml pitn s redcunt. 
[Augur, p. 177.] The interrex was elected by 
thc whole body of the patricians, and he appointed 
(prodebat) his successor, as it was a rule that the 
first interrex could not hold the comitia for the 
election ; but it frequently happened that the 
second interrex appointed a third, the third a 
fourth, and so on, till the election took place. This 
was the custom under the republic ; nnd there 
would hn.ve been no reason to suppose that the 
practice was ditferent during the kingly period, if 
it had not been for the account of the appoint- 
ment of interreges after the death of Romulus, ac- 
cording to which the senate was divided into de- 
curies for the purpose of sharing the interregnum 

between tin-Ill. I l.NTKKHKX. | 

The Interrex presided over the comitia curintn, 
which was assembled for the election of the king, 
lie had previously agreed with the senate upon 
the |HTson who was to !*• proposed to the comitia 
as king ; for it is inconceivable that he hud the 
absolute power of selecting whatever person ho 
chose, as Dionysius states in some passages. The 
person whom the senate had selected was proposed 
| by the interrex to the njtopla in n regular TOOoHo t 



992 REX. 

which the people could only accept or reject, for 
they had not the initiative and could not them- 
selves propose any name. If the people voted in 
favour of the rogation, they were said creare regem, 
and their acceptance of him was called jussus 
populi. (Dionys. iv. 40, 80 ; Liv. i. 22, 32 ; Cic. 
de Rep. ii. 17, 21.) But the king did not imme- 
diately enter upon his office. Two other acts had 
still to take place before he was invested with the 
full regal authority and power. First, his inaugu- 
ratio had to be performed, as it was necessary to 
obtain the divine will respecting his appointment 
by means of the auspices, since he was the high 
priest of the people. This ceremony was performed 
by an augur, who conducted the newly-elected 
king to the arx, or citadel, and there placed him on 
a stone seat with his face turned to the south, 
while the people waited below in anxious suspense 
until the augur announced that the gods had sent 
the favourable tokens confirming the king in his 
priestly character. (Liv. i. 18; Plut. Num. 7.) 
The inauguratio did not confer upon him the aus- 
picia ; for these he obtained by his election to the 
royalty, as the comitia were held auspicato. It 
simply had reference to his priestly character, as al- 
ready remarked, and consequently did not take 
place in the case of the republican magistrates, 
though the rex sacroram and other priests were in- 
augurated. The passage of Dionysius (ii. G), which 
is quoted in the article Inauguratio to prove that 
the republican magistrates were inaugurated, refers 
only to their taking the auspices on the morning of 
the day on which they entered upon their office. 
(Comp. Becker, Ibid. vol. ii. pt. i. p. 314.) The 
second act which had to be performed was the 
conferring of the imperium upon the king. The 
curiae had only determined by their previous vote 
who was to be king, and had not by that act be- 
stowed the necessary power upon him ; they had, 
therefore, to grant him the imperium by a distinct 
"vote. Accordingly th'e king himself proposed to 
the curiae a lex curiata de imperio, and the curiae 
by voting in favour of it gave him the imperium. 
(Cic. deRep. ii. 13, 17, 18, 20, 21.) The reason 
of this double vote of the curiae is clear enough. 
The imperium could only be conferred upon a 
determinate person. It was necessary, therefore, 
first to determine who was to be the person who 
was capable of receiving- the imperium ; and 
when this was determined, the imperium was 
granted to him by a special vote. Livy in his 
first book makes no mention of the lex curiata de 
imperio, but he uses the expressions patres auctores 
fierent, patres auctores facti. (Liv. i. 17, 22, 32.) 
That these expressions, however, are equivalent to 
the lex curiata de imperio in the kingly period is 
shown by Becker, an abstract of whose explana- 
tion is given under Auctor. 

It is very difficult to determine the extent of the 
king's powers, as the ancient writers naturally 
judged of the kingly period by their own repub- 
lican constitution, and frequently assigned to the 
king, the senate, and the comitia of the curiae, the 
respective powers and functions which were only 
true in reference to the consuls, the senate, and the 
comitia of their own time. Most modern writers 
have represented the supreme power as residing in 
the people, and have regarded the .king, to a great 
extent, as the executive of the senate and the curiae; 
but this view of the limited nature of the king's 
powers is strongly attacked, and we may say dis- 



REX. 

I proved, by the masterly investigations of Rubino. 
For whatever exception may be taken to many of 
his propositions, no one can examine his arguments 
without feeling convinced that the king possessed 
the supreme power in the earliest times, and that 
the senate and the comitia of the curiae were very 
slight checks upon its exercise. In the first place, 
the king alone possessed the right of taking the 
auspices on behalf of the state ; and as no public 
business of any kind could be performed without 
the approbation of the gods expressed by the 
auspices, the king stood as mediator between the 
gods and the people, and in an early stage of so- 
ciety must necessarily have been regarded with 
religious awe. [Augur.] He was thus at the 
head of the national religion ; and the priests, who 
are in all nations most jealous of their exclusive 
rights and privileges, acknowledged that they were 
originally instituted by the king, and learnt from 
him their religious rites. Thus Romulus is not 
only said to have established the augurs, but to 
have been himself the best of all augurs (Cic. de 
Div. i. 2) ; and the institution of the pontiffs in 
like manner was not only attributed to Numa 
Pompilius, but they are said to have been taught 
by this king the whole doctrine of the public and 
private sacra, the arrangement of the calendar, the 
division of days into fasti and nefasti, in one word 
the jus pontificium. (Liv. i. 19, 20 ; Cic. de Rep. 
ii. 14 ; Dionys. ii. 72 ; Plut. Num. 12.) 

Secondly, the people surrendered to the king the 
supreme military and judicial authority by con- 
ferring the imperium upon him. It is true that 
the imperium was granted to the consuls in like 
manner ; but the imperium, though the same nomi- 
nally, was in reality limited in its exercise, as 
the consuls at the end of their year of office be- 
came private persons again, and might be brought 
to trial for acts which they had performed during 
their consulship. In addition to which various 
laws were passed for the protection of the citizens 
against the arbitrary use of their power, none of 
which existed in the kingly period. The impe- 
rium is usually defined to be the exercise of military 
authority {imperium, sine quo res militaris ad- 
ministrari, teneri exercitus, helium geri non potest, 
Cic. Phil. v. 1 6 ; comp. Liv. v. 52 ; Cic. de Leg. 
Agr. ii. 12) ; but this definition simply arises from 
the fact that the writers are thinking of the im- 
perium of the consuls, who were deprived of ju- 
dicial power in the city of Rome, and within the 
first milestone from it, from the time of the insti- 
tution of the praetorship. (Liv. iv. 42 ; Gaius, iv. 
104.) But the praetors also had the imperium 
conferred upon them by a lex curiata, and it was 
by possession of the imperium that they were 
aione qualified to pronounce a judicium legitimum, 
at all events in criminal cases. It must, there- 
fore, be recollected, that the king was not only the 
commander in war, but the supreme judge in peace. 
Seated on his throne in the comitium, he admin- 
istered justice to all comers, and decided in all 
cases which were brought before him, civil as well 
as criminal. The opinion of Puchta {Instil, vol. i. 
p. 1 40, &c), that private suits were not decided by 
the king, but came under the jurisdiction of the 
pontiffs^ rests on no sufficient authority, and is re- 
futed by the tale of the pretended dispute which 
was brought before Tarquinius Priscus by the mur- 
derers of that king. (Liv. i. 40.) If we are to 
place reliance upon Livy, the king did not admin- 



REX. 



REX. 



993 



later justice alone, but was fettered by a consilium, 
since it is brought forward as a reproach against 
Tarquinius Superbus, cognitiones capitulium reruni 
sine consiliis per se so/us exerceljat (Liv. i. 47) ; 
but it is not easy to believe in the existence of 
such a consilium in the times of the early kines, or 
if it did exist, it must have been a body simply to 
advise the king, and could not have had the power 
of controlling him, as he administered justice in 
virtue of his possessing the imperium. There is 
moreover no case recorded in which the consilium 
had any share in the administration of justice. 
From the decision of the king there seems to 
have been no appeal (provocatio). This is in- 
deed denied by Niebuhr, who maintains that in 
all cases affecting the caput of a Roman citizen, 
an appeal lay from the king to the people in 
the comitia of the curiae, and who further argues 
that this was an ancient right of the patricians, 
and was extended to the plebs by the Lex Va- 
leria, enacted at the establishment of the re- 
public. It is true that the ancient writers refer 
the institution of the provocaiio to the kingly 
period (Liv. i. 26, viiL 33 ; Cic. pro Mil. 3 ; Val. 
Max. vi. 3. § 6, viii. 1. § 1 ; Festus, s. v. sororium 
tupl/um ; Cic. de Hep. ii. 31), but it by no means 
follows that the provocatio of that early time was 
the same as the right secured by the Lex Valeria, 
which was regarded as the gn at bulwark of the 
liberty of a Roman citizen. We have indeed the 
record of only one case of provocatio under the 
kings, namely, when the surviving Horatius, who 
murdered hi* sister, appealed from the duumviri to 
the people ; and in this case it must be borne in 
mind that the appeal was not from the sentence of 
the king, but from the sentence of the duumviri. 
It appears, even from the narrative of Livy, that 
the king voluntarily surrendered his right of trying 
the criminal and passing sentence upon him, in 
order to avoid the odium of putting to d> ath the 
hero who had rendered such signal services to the 
stau-, and that he appointed duumviri, (mm whoic 
decision an appeal lay to the people, in order that 
the people might have the responsibility of pro- 
nouncing his acquittal or condemnation. (Liv. i. 
26 ; comp. Dinnys. iii. 22.) In addition to which 
it is expressly stated that the dictatorship was a 
restoration of the kingly power (Zonar. viL 13 ; 
comp. Cic. de Rep. ii. 32) ; and it is certain that 
the great distinction between the power of the 
dictator arid that of the consuls consisted in there 
being no provocatio from the decisions of the former, 
as there was from the decisions of the latter. Our 
limits do not allow us to enter further into an 
examination of this question ; but the reader will 
find the arguments against Niebuhr's views stated 
at great length in Rubino. (/tad. p. -130, &c.) 

Again, all the magistrates in the kingly period 
appear to have been appointed by the king and 
not elected by the curiae. This is expressly stated 
of the two most important, the Trilmnm Cr/mmi, 
who occupied the second place in the state, and 
who stood in the same relation to the king as the 
magister cquitnm did in later times to the dic- 
tator ( l.\ <!•!->, M'nj. i. 14), and the fWos or 
I'r i.frrtu* urhi, who was nominated by the king 
to supply bis plare when he was nbseut from the 
city (Tac. Ann. vi. 1 1 ). We may consequently infer 
that the ljuitrttort* were in like manner nominated 
by the king, although the ancient authorities differ 
on the point, Tacitus ascribing their appointment 



to the kitig (Tac. Ann. xi. 22) and Junius Grac- 
chanus to the people. (Dig. 1. tit. 13.) Livy ex- 
pressly says (i. 26) that the Duumviri Perduel- 
lionis were appointed by the king ; and if these 
were the same officers as the Quueftores during the 
kingly period, as many writers maintain, there can 
be no doubt that the latter were nominated by 
the king. 

Further, the king was not dependent upon the 
people for his support ; but a large portion of the 
ager publicus belonged to him, which was culti- 
vated at the expense of the state on his behalf. 
(Cic. de Kep. v. 2.) He had also the absolute 
disposal of the booty taken in war and of the con- 
quered lands. (Dionvs. ii. 28, C2 ; Cic. de Rip. ii. 
9, 14, 18.) 

It must not, however, be supposed that the au- 
thority of the king was absolute. The senate and 
the assembly of the people must have formed some 
check upon his power ; though, if the views we 
have been stating are correct, they were far from 
possessing the extensive privileges which Di mysius 
(ii. 14) assigns to them. The senate and the 
comitia of the curiae were not independent bodies 
possessing the right of meeting at certain times and 
discussing questions of state. They could onlv be 
called together when the king chose, and further 
could only determine upon matters which the king 
submitted to them. The senate was simply the 
consilium of the king, the members of which were 
all appointed by him (Liv. i. 8 ; Dionvs. ii. 12 ; 
Festus, p. 246, ed. Miiller; Cic. de Kep. ii. 8), 
and which only offered their advice to him, which 
he could follow or reject according to his pleasure. 
The comitia of the curiae seem to have been 
rarely assembled, and then probably more to hear 
the decisions of the king than to ratify his acts ; 
and it is certain that they had no power of dis- 
cussing any matter that was brought before them. 
The only public matter in which the king could 
not dispense with the co-operation of the senate 
and the curiae was in declarations of war against 
foreign nations, as appears clearly from the decla- 
ration of war against the latins in the time of 
Ancus Marcius, as related by Livy (i. 32), who 
preserves the ancient formula. There is no trace 
of the people having had anything to do with the 
conclusion of treaties of peace ; and Dionysius in 
this case as in many others has evidently trans- 
ferred a later custom to the earlier times. The 
relation in which the senate and the curiae stood 
to the kings is spoken of more at length under 
Comitia, p. 331, nnd Sksatus. 

The insignia of the king were the fasces with 
the nxes (tecum), which twelve lictors carried 
before him as often as he appeared in public, the 
Iralea, the tella curulis, and the toga prueteita and 
pitta. The trulxn appears to have been the most 
ancient official dress, and is assigned especially to 
Romulus : it was of Latin origin, nnd is therefore 
represented by the antiquarian Virgil as worn 
by the Latin kings. (I'lin. //. A', viii. 41!, ix. 
U ; Ov. fait, ii. 501 ; Virg. Aen. viL 187, xi. 
33 1.) The tmjii prnrtesiti and piria were bor- 
rowed, together with the trlta curulit, from the 
Etruscans, nnd their introduction is variously 
ascribed to Tullus llostiliiis or Tarquinius I'riscus. 
(Cic. de Hep. ii. 17; Macrob. »//. j. t; ; |>lin. //..V. 
ix. '■:■>: I>;.,,,\h. in. i.j., Dionysius (/. r.) also 
mentions a diadem and a sceptre as insignia of the 
kings. 

3 i 



994 REX SACRIFICULUS. 



RHETRAE. 



For further information respecting the Roman 
kings, see Niebuhr, Hist, of Rome, vol. i. p. 338, 
&c. ; Walter, Geschichte des Romischen Rechts, 
§17, 2d ed. ; and especially Rubino, Untersuch- 
ungen iiber Romische Verfassung, passim ; and 
Becker, Handbuch der Romischen Alterthumer, vol. 
ii. pt. i. p. 291, &c. 

REX SACRIFI'CULUS, REX SACRI'FI- 
CUS, or REX SACRO'RUM. When the civil 
and military powers of the king were transferred 
to two praetors or consuls, upon the establishment 
of the republican government at Rome, these ma- 
gistrates were not invested with that part of the 
royal dignity by virtue of which he had been the 
high priest of his nation and had conducted several 
of the sacra publica, but this priestly part of his 
office was transferred to a priest called Rex Sacri- 
ficulus or Rex Sacrorum. (Liv. ii. 2 ; Dionys. iv. 
74, v. 1.) The first rex sacrorum was designated, 
at the command of the consuls, by the college of 
pontiffs, and inaugurated by the augurs. He was 
always elected and inaugurated in the comitia ca- 
lata under the presidency of the pontiffs (Gell. xv. 
27), and as long as a rex sacrificulus was ap- 
pointed at Rome, he was always a patrician, for as he 
had no influence upon the management of political 
affairs, the plebeians never coveted this dignity. 
(Liv. vi. 41 ; Cic. pro Dom. 14.) But for the 
same reason the patricians too appear at last to 
have attributed little importance to the office ; 
whence it sometimes occurs that for one, or even 
for two successive years no rex sacrorum was ap- 
pointed, and during the civil wars in the last pe- 
riod of the republic, the office appears to have 
fallen altogether into disuse. Augustus however 
seems to have revived it, for we find frequent 
mention of it during the empire, until it was pro- 
bably abolished in the time of Theodosius. (Orelli, 
Inscr. n. 2280, 2282, 2283.) 

Considering that this priest was the religious 
representative of the kings, he ranked indeed 
higher than all other priests, and even higher than 
the pontifex maximus (Festus. s. v. Ordo sacerdo- 
tum), but in power and influence he was far inferior 
to him. (Id sacerdotium pontifici subjecere, Liv. ii. 
2.) He held hi3 office for life (Dionys. iv. 74), 
was not allowed to hold any civil or military dig- 
nity, and was at the same time exempted from all 
military and civil duties. (Dionys. 1. c. ; Plut. 
Quaest. Rom. 60 ; Liv. xl. 42.) His principal func- 
tions were : 1. To perform those sacra publica 
which had before been performed by the kings : 
and his wife, who bore the title of regina sacrorum, 
had like the queens of former days also to perform 
certain priestly functions. These sacra publica he 
or his wife had to perform on all the Calends, Ides, 
and the Nundines ; he to Jupiter, and she to Juno, 
in the regia. (Varro, de Ling. Lat. vi. 12, 13 ; 
Macrob. Sat. i. 15.) 2. On the days called regi- 
fugium he had to offer a sacrifice in the comitium. 
[Regifugium.] 3. When extraordinary portenta 
seemed to announce some general calamity, it was 
his duty to try to propitiate the anger of the gods. 
(Fest. s. v. Regiae feriae.) 4. On the nundines 
when the people assembled in the city, the rex sa- 
crorum announced (edicebat) to them the succession 
of the festivals for the month. This part of his 
functions however must have ceased after the time 
of Cn. Flavius. (Varro, de Ling. Lat. vi. 13; 
Serv. ad Aen. viii. 654.) He lived in a domus 
publica on the via sacra, near the regia and the 



house of the Vestal virgins. (Ambrosch, Studien a. 
Andeutungen, pp. 41 — 76.) [L. S.] 

RHEDA or RED A was a travelling carriage 
with four wheels. Like the Covinus and the 
Essedum it was of Gallic origin (Quintil. Inst. 
Orat. i. 5. § 68 ; Caes. Bell. Gall. i. 51), and 
may perhaps contain the same root as the German 
reiten and our ride. It was the common carriage 
used by the Romans for travelling, and was fre- 
quently made large enough not only to contain 
many persons, but also baggage and utensils of va- 
rious kinds. (Cic. pro Mil. 10, 20 ; Juven. iii. 10 ; 
Mart. iii. 47.) The word Epirhedium, which was 
formed by the Romans from the Greek preposition 
eirl and the Gallic rheda (Quint. c), is explained 
by the Scholiast on Juvenal (viii. 66) as : " Orna- 
mentum rhedarum aut plaustrum." 

RHETOR. [Rhetorics Graphs.] 

RHETO'RICE GRAPHE (faTopucti ypaf-ti). 
The best interpretation of this expression is per- 
haps that given by Harpocration and Suidas, s. v. 
7] Kara prjropos yevofiev7), ypd^iavr6s ti fj ctir6i>TOS 
f) Tvpd^avTos irapivofiov. There was not any par- 
ticular class of persons called f>T]Topzs, invested 
with a legal character, or intrusted with political 
duties, at Athens. For every citizen, who did not 
labour under some special disability, was entitled 
to address the people in assembly, make motions, 
propose laws, &c. The name of prjropes, however, 
was given in common parlance to those orators and 
statesmen, who more especially devoted themselves 
to the business of public speaking ; while those who 
kept aloof from, or took no part in, the business of 
popular assemblies, were called iSicoTcti. Hence 
^TjTcop is explained by Suidas, s. v. 'O 5rj/xw crvfi- 
§ov\evwv Kal 6 iv Stj/x^j ayopevwv. The !)T)TOpiK^i 
ypa<pri might be either the same as the irapav6jj.oiv 
yptxpri, or a more special prosecution, attended with 
heavier penalties, against practised demagogues, 
who exerted their talents and influence to deceive 
the people and recommend bad measures. Others 
have conjectured this to be a proceeding similar to 
the tirayytXia SoKifiaaias, directed against those 
persons who ventured to speak in public, after 
having been guilty of some misdemeanour which 
would render them liable to ann'ia. Of this nature 
was the charge brought against Timarchus by Aes- 
chines, whose object was to prevent the latter from 
appearing as prosecutor against him on the subject 
of the embassy to Philip. (Schomann, de Comit. 
p. 108 ; Meier, Att. Proc. p. 209.) [C. R. K.] 

RHETRAE (prjrpaC), specially the name of the 
ordinances of Lycurgus. (Plut. Lye. 6, 13.) The 
word is defined by the grammarians to signify a 
compact or treaty (^rpj/, ri inri farotsTiai avvB^Kf], 
Apollon. Lex. Horn. p. 138. 30, ed. Bekker ; 
pyjrpai, crw6rjKai Sid \6yaiv, Hesych.) ; and most 
modern writers adopt this interpretation, supposing 
the word to signify originally words (to prirbv), or 
a declaration, which bound parties. It is true 
that the etymology points simply to that which is 
spoken or declared ; but Plutarch gives another 
meaning to the word in relation to the laws of 
Lycurgus, and says that they were divine ordi- 
nances (f>7]rpas aii/S/xaaev, as irapd tov &eoD vo/xi- 
£6}ieva /col xP 7 ) <r / U0 " s ovra, Plut. Lyc. 13). The 
opinion of Mr. Grote, which reconciles these two 
accounts, seems the most probable. " The word 
Rhetra means a solemn compact, either originally 
emanating from, or subsequently sanctioned by the 
gods, who are always parties to such agreements : 



RICINIUM. 



ROSTRA. 



995 



see the old treaty between the Eleians and He- 
raeans — 'A ¥ par pa, between the two, commemorated 
in the valuable inscription still preserved, — as an- 
cient, according to Bb'ckh,as Olym. 40 — 60 (Bb'ckh, 
Corp. Inscript. No. ii. p. 26, part i.). The words 
of Tyrtaeus imply such a contract between the 
contracting parties : first the kinffs, then the sena- 
tus, lastly the people, — cuflei'ar p-qrpan aurairaud- 
Gofievovs, — where the participle last occurring applies 
not to the people alone, but to all the three. The 
Rhetra of Lycurgus emanated from the Delphian 
god : but the kings, senators, and people all bound 
themselves, both to each other and to the gods to 
obey it." (Grote, Hist, of Greece, vol. ii. p. 462 ; 
for a different explanation of the word, see Thirl- 
wall, Hist, of Greece, vol. i. p. 335, 2d ed.) 

RHYTON (j>\rr6v), adrinking-hom (icepas), hy 
which name it was originally called, is said by Athe- 
naeus (xi. p. 497, b) to have been first made under 
Ptolemy Philadelphus ; but it is even mentioned 
in Demosthenes (c. Mid. p. 565. 29), as Athenaeus 
himself also remarks. The oldest and original 
form of this drinking-horn was probably the horn 
of the ox, but one end of it was afterwards orna- 
mented with the heads of various animals and 
birds. We frequently find representations of the 
pvr6v on ancient vases depicting symposia. Several 
specimens of these drinking-horns have also been 
discovered at Pompeii (Museo Boriomeo, vol. viii. 
14, v. 20): representations of two of these are 
given in the annexed cut. 




The pmiv had a small opening at the bottom, 
which the person who drank put into his mouth, 
and allowed the wine to run in : hence it derived 
its name (wvonaaOai rt airb -riji pvataii, Athcn. 
xi. p. 497, c). We see persons using the f>m6v in 
this way in ancient paintings. (I'itt. d'Ercol. v. t. 
46 ; Zahn, Omnm. uml Wantlgem. t. 90.) Martial 
(ii. 35) speaks of it under the name of Rhytium. 
( Becker, Charildct, vol. i. p. 505.) 

RICA. [ Fl. a mrv. ] 

RICI'N I U M, K K( ' I ' N It ' M or R EC I X V S, an 
article of dress. The name was accordingto Fcstus 
(i. v.) applied to any dress consisting of a square 
piece of cloth. It occurs in a fragment of the 
Twelve Tables (Cic. de Up. ii. 23), and the an 
cirnt commentators according to Fcstus explained 
the word there as a toga for women (if the reading 
Vtr. toyum be right instead of riri/em trxjam), with 
a purple stripe in front. That it was an article of 
female dress, and more especially a small and short 
kind of pallium, is stated by Nonius (xiv. 33) on 
the authority of Varro. It was worn in grief nnrt 
mourning, and in such a manner that one half of it 
was thrown back (Varro, </<• Ling, hd. v. 132 ; 
Scrv. ad Am. i. 286 ; Isidor. (trig, xix. 25), 
whence the ancient grammarians derive the word 
fmm rrjicerr, although it is manifestly a derivative 
from rim, which was a covering of the head used 



by females. (Varro, I. c. ; Fest. s. t. Rica.) Tho 

grammarians appear themselves to have had no 
clear idea of the ricinium ; but after careful exami- 
nation of the passages above referred to, it appears 
to have been a kind of mantle, with a sort of cowl 
attached to it, in order to cover the head. It was 
also worn by mimes upon the stage (Fest. i.e. and 
s. V. Orchestra), and the mavortium, mavorte, or 
mavora of later times was thought to be onlv an- 
other name for what had formerly been called rici- 
nium. [L. S.] 

KOBIGA'LI A, a public festival in honour of 
the god Robigus to preserve the fields from mil- 
dew, is said to have been instituted by Noma, and 
was celebrated a. d. vii. Kal. Mai. (April 25th). 
(Plin. //. N. xviiL 29. s. 69 ; Varro, lie liust. i. 
1. p. 90, ed. Bip., Ling. Lai. vi. 16, ed. Mull. ; 
Festus, s. r.) The sacrifices offered on this occa- 
sion consisted of the entrails of a dog and a sheep, 
accompanied with frankincense and wine : a prayer 
was presented by a flamen in the grove of the an- 
cient deity, whom Ovid and Columella make a 
goddess. (Ovid. Fast. iv. 907—942 ; Colum. x. 
342.) A god Robigus or a goddess Robigo is a 
mere invention from the name of this festival, for 
the Romans paid no divine honours to evil deities. 
(HsitDng, iJie Religion der Homer, vol. ii. p. 148.) 
ROBUR. [Carcer, p. 241, a.] 
K< KiA'TI* l. [I.kx. p. 682.] 
RnriATu'RKS. [Diriwtores.] 
ROGUS. [Fuxus, p.559,b.] 
ROMPHEA. [Hasta, p. 589, a.] 
RORA'RII. [ Exercitl's, pp. 495, 502, b.] 
ROSTRA, or The Beaks, was the name applied 
to the stage (suggestus) in the Forum, from which 
the orators addressed the people. This stage was 
originally called templum (Liv. ii. 56), because it 
was consecrated by the augurs, but it obtained its 
name of Rostra at the conclusion of the great Latin 
war, when it was adorned with the beaks (rostra) 
of the ships of the Antiates. (Liv. viii. 14 ; Flor. 
i. 1 1 ; Plin. //. A', xxxiv. 5. s. 11.) The Greeks 
also mutilated galleys in the same way for the 
purpose of trophies: this was called by them 
OKfwriipioffie. [Acroterii;m.J 

The Rostra lay between the Comitium or place 
of meeting for the curies, and the Forum or place 
of meeting for the tribes, so that the speaker might 
tum either to the one or the other ; but down to 
the time of C. Gracchus, even the tribunes in 
speaking used to front the Comitium ; he first 
turned his back to it and spoke with his face to- 
wards the fonim. (Niebuhr, Hist, of Rome, vol. i. 
p. 426, note 990.) The form of the Rostra has 
been well described by Niebuhr (vol. iii. p. 144, 
note 268) and Bunson (quoted by Arnold, Hist, of 
Rome, vol. ii. p. 164): the latter supposes "that 
it was a circular building, raised on arctic*, with 
a stand or platform on the top bordered by a para- 
pet ; the access to it bring by two flights of steps, 
one on each side. It fronted towards the comitium, 
and the rostra were affixed to the front of it, just 
under the arches. Its form has ben in all the 
main points preserved in the ambnnes, or circular 
pulpits, of the most ancient churches, which also 
had two flights of steps leading up to them, one on 
the east side, by which the preacher ascended, 
and another on the west side, for his descent. 
Specimens of these old churches are still to bo 
seen at Rome in the churches of St Clement and 
S. Lorciuo fuori Ie mure." The speaker was thus 
3 s 2 



996 



RUTRUM. 



SACERDOS. 



enabled to walk to and fro, while addressing his 
audience. 

The suggestus or Rostra was transferred by 
Julius Caesar to a corner of the Forum, but the 
spot, where the ancient Rostra had stood, still con- 
tinued to be called Rostra Vetera, while the other 
was called Rostra Nova or Rostra Julia. (Ascon. 
in dc. Mil. § 12. p. 43, ed. Orelli ; Dion Cass, 
xliii. 49, lvi. 34 ; Suet. Avff. 100.) Both the 
Rostra contained statues of illustrious men (Cic. 
Philip, ii. 61) ; the new Rostra contained eques- 
trian statues of Sulla, Pompey, Julius Caesar, and 
Augustus. (Veil. Pat. ii. 61.) Niebuhr {I. c.) dis- 
covered the new Rostra in the long wall, that runs 
in an angle towards the three columns, which have 
for a very long time borne the name of Jupiter 
Stator, but which belong to the Curia Julia. The 
substance of the new Rostra consists of bricks and 
casting-work, but it was of course cased with 
marble : the old Rostra Niebuhr supposes were 
constructed entirely of peperino. 

The following coin of M. Lollius Palicanus con- 
tains a representation of the Rostra. 




ROSTRA'TA COLUMNA. [Columna, p. 
327, b.] 

ROSTRA'TA CORO'NA. [Corona, p. 360.] 
ROSTRUM. [Navis, p. 786, b.] 
ROTA. [Currus, p. 378.] 
RUDENS (icd\ws), any rope used to move or 
fix the mast or sail of a vessel (Juv. vi. 102; Ovid. 
Met. iii. 616; Achilles Tatius, ii. 32.) The dif- 
ferent ropes of an ancient ship are spoken of under 
Navis, p. 790. 

RUDERA'TIO. [Domus, p. 431, a.] 
RUDIA'RII. [Gladiatores, p. 575, a.] 
RUDIS. [Gladiatores, p. 575, a.] 
RU'FULI, the name of the tribunes of the 
Boldiers chosen by the consul or other general. 
(Liv. vii. 5 ; Festus, s. v.) For further inform- 
ation see Exercitus, pp. 503, a. 504, b. 

RUNCI'NA ((5uKac7)), a plane (Tertull. Apol. 
12; Brunck, Anal. i. 227), is delineated among 
joiner's tools (Lnstrumen. Fabr. Tignar.) in the 
woodcut at p. 806. The square hole in the right side 
of the stock seems intended for the passage of the 
shavings (ramenta). The Latin and Greek names 
for this instrument gave origin to the corresponding 
transitive verbs runcino and pvicavdcn, meaning to 
plane. (Min. Felix, 23.) They seem to be allied 
etymologically with jivyxos, referring to the opera- 
tion of those beasts and birds which use their snout 
or beak to plough up the ground. [J. Y.] 

RUTILIA'NA ACTIO was a Praetorian actio 
introduced by the Praetor Publius Rutilius, by 
virtue of which the bonorum emptor could sue in 
the name of the person whose goods he had bought 
and claim the condemnatio to be made in his own 
favour and in his own name. (Gaius, iii. 80, 81, 
iv. 35.) [G. L.] 

RUTRUM, dim. RUTELLUM, a kind of hoe. 
which had the handle fixed perpendicularly into 
the middle of the blade, thus differing from the 



Raster. It was used before sowing to level the 
ground, by breaking down any clods which adhered 
too long together. (Non. Marc. p. 18, ed. Merceri.) 
This operation is described by Virgil in the follow- 
ing terms, which also assign the derivation of the 
name : " Cumulosque mil male pinguis arenae." 
(Georg. i. 105.) See Festus, s. v. ; Varro, de L. 
Lat. v. p. 137, ed. Spengel. The same implement 
was used in mixing lime or clay with water and 
straw to make plaster for walls. (Cato,rfe Re Rust. 
10, 128 ; Pallad. de Re Rust. i. 15 ; Plin. H. N. 
xxxvi. 23. s. 55.) 

The word rutabulum ought to be considered as 
another form of rutrum. It denoted a hoe or rake 
of the same construction, which was used by the 
baker in stirring the hot ashes of his oven. (Festus, 
s. v.) A wooden rutabulum was employed to mix 
the contents of the vats in which wine was made. 
(Colum. de Re Rust. xii. 20.) [J. Y.] 

S. 

SACCUS (a-dicKos), signified in general any 
kind of sack or bag, made of hair, cloth, or other 
materials. We have only to notice here its mean- 
ing as — 1. A head-dress. [Coma, p. 329.] 2. A 
sieve for straining wine [Vinum], 3. A purse 
for holding money. Hence the phrase in Plautus 
ire ad saccum, " to go a begging." (Plaut. Capt. i. 
1. 22.) 

SACELLUM is a diminutive of sacer, and sig- 
nifies a small place consecrated to a god, containing 
an altar, and sometimes also a statue of the god to 
whom it was dedicated. (Gellius, vi. 12.) Festus 
(s. v.) completes the definition by stating that a 
sacellum never had a roof. It was therefore a 
sacred enclosure surrounded by a fence or wall to 
separate it from the profane ground around it, and 
answers to the Greek irepi'goAos. The form of a 
sacellum was sometimes square and sometimes 
round. The ancient sacellum of Janus which was 
said to have been built by Romulus, was of a 
square form, contained a statue of the god, and had 
two gates. (Ovid. Fast. i. 275 ; Terent. Maur. in 
Wernsdorf 's Poet. Min. ii. p. 279.) Many Romans 
had private sacella on their own estates ; but the 
city of Rome contained a great number of public 
sacella such as that of Caca (Serv. ad A en. viii. 
190), of Hercules in the Forum Boarium (Solin. i.; 
Plin. H. N. x. 29), of the Lares (Solin. 2), of 
Naenia (Fest. s. v. Naeniae deae), of Pudicitia 
(Liv. x. 23), and others. [L. S.] 

SACERDOS, SACERDO'TIUM. Cicero {de 
Leg. ii. 8) distinguishes two kinds of sacerdotes ; 
those who had the superintendence of the forms of 
worship (caerimoniae) and of the sacra, and those 
who interpreted signs and what was uttered by 
seers and prophets. Another division is that into 
priests who were not devoted to the service of any 
particular deity, such as the pontilfs, augurs, 
fetiales, and those who were connected with the 
worship of particular divinities, such as the fla- 
mines. The priests of the ancient world did not 
consist of men alone, for in Greece as well as at 
Rome certain deities were attended only by priest- 
esses. At Rome the wives of particular priests 
were regarded as priestesses, and had to perform 
certain sacred functions, as the regina sacrorum 
and the flaminica. [Flamen ; Rex Sacrorum.] 
In other cases maidens were appointed priestesses,' 



SACERDOS. 
as the Vestal virgins, or boys, with regard to whom 
it was always requisite that their fathers and 
mothers should be alive (jmlrimi et matrimi). 
As all the different kinds of priests are treated of 
separately in this work, it is only necessary here 
to make some general remarks. 

In comparison with the civil magistrates all 
priests at Rome were regarded as homines privati 
(Cic. c. Catil. i. 1, de Off. i. 22, ad AH. iv. 2, 
Philip, v. 17), though all of them as priests were 
sacerdotes publici, in as far as their office (sacerdo- 
tium) was connected with any worship recognised 
by the state. The appellation of sacerdns publico* 
was however given principally to the chief-pontiff 
and the flamen dialis (Cic. de Leg. ii. 9 ; Sen - . 
ad Aen. xii. 534), who were at the same time the 
only priests who were members of the senate by 
virtue of their office. All priestly offices or sacer- 
dotia were held for life without responsibility to 
any civil magistrate. A priest was generally al- 
lowed to hold any other civil or military office be- 
sides his priestly dignity (Liv. xxxviii. 47, xxxix. 
45 ; Epit. 19, xl. 45, Epit. 59, &c.) ; some priests 
however formed an exception, for the duumviri, the 
rex sacrorum and the flamen dialis were not allowed 
to hold any state office, and were also exempt 
from service in the armies. (Dionys. iv. 8.) Their 
priestly character was, generally speaking, insepa- 
rable from their person, as long as they lived ( Plin. 
Epi.it. iv. 8) : hence the augurs and fratres arvales 
retained their character even when sent into exile, 
or when they were taken prisoners. (Plin. //. .V. 
xviii. 2 ; Plut. Quaest. Horn. 99.) It also occurs 
that one and the same person held two or three 
priestly offices at a time. Thus we find the three 
dignities of pontifex maximus, augur, and decemvir 
sacrorum united in one individual. (Liv. xl. 42.) 
But two persons belonging to the same gens were 
not allowed to be members of the same college of 
priests. This regulation however was in later 
times often violated or evaded by adoptions. (Sen-. 
ad Aen. vii. 303; Dion Cass, xxxix. 17.) Bodily 
defects rendered, at Rome as among all ancient 
nations, a person unfit for holding any priestly 
office. (Dionvs. ii. 21 ; Sencc. Contror. iv. 2 ; Plut. 
Quwst. Horn". 73 ; Plin. //. 1ST. vii. 29.) 

All priests were originally patricians, but from 
the year it. c. 367 the plebeians also began to take 
part in the sacerdotia [ Pi.eiiks, p. 927], and those 
priestly offices which down to the latest times re- 
mained in the hands of the patricians alone, such 
as that of the rex sacrorum, the flamines, salii and 
others, had no influence upon the affairs of the 
state. 

As regnrds the appointment of priests, the an- 
cients unanimously state that at first they were 
appointed by the kings (Dionys. ii. 21, \c. 73 ; 
Liv. i. 20), but after the sacerdotia were once in- 
stituted, each college of pri-sts — for nearly all 
priests constituted certain corporations called col- 
legia — had the right of filling up theoccurring va- 
cancies by cooptatio. ( Pontifkx. p. 940.) Other 
priests, on the contrary, such as the Vestal virgins 
and the flamines, were appointed icnpirjiunlur) by 
the pontifex maximus, a rule which appears to 
have been observed down to the latest limes ; 
others again, such ns the duumviri sacrorum, wen- 
elected by the people (Dionys. iv. 62), or by the 
curiae, as the curinnes. Rut in whatever manner 
they were appointed, all priests after their appoint- 
ment required to bo inaugurated by the pontiffs 



SACERDOS. 997 

and the augurs, or by the latter alone. (Dionys. ii. 
22.) Those priests who formed colleges had ori- 
ginally, as we have already observed, the right of 
cooptatio ; but in the course of time they were 
deprived of this right, or at least the cooptatio wa» 
reduced to a mere form, by several leges, called 
leges de sacerdotiis, such as the lex Domitia. Cor- 
nelia, and Julia ; their nature is described in the 
article Pontifex, p. 940, &c, and what is there 
said in regard to the appointment of pontiffs ap- 
plies equally to all the other colleges. The leges 
annales, which fixed the age at which persons be- 
came eligible to the different magistracies, had no 
reference to priestly offices ; and on the whole it 
seems that the pubertas was regarded as the time 
after which a person might be appointed to a sa- 
cerdotium. (Liv. xlii. 28 ; Plut. Tib. Oracch. 4.) 

All priests had some external distinction, as the 
apex, tutulus, or galenis, the toga praetexta, as 
well as honorary seats in the theatres, circuses and 
amphitheatres. They appear however to have 
been obliged to pay taxes like all other citizens, 
but seem occasionally to have tried to obtain ex- 
emption. See the case related in Livy, xxxiii. 42. 

Two interesting questions yet remain to be an- 
swered: first whether the priests at Rome were 
paid for their services, and secondly whether they 
instructed the young, or the people in general, in 
the principles of their religion. As regards the 
first question, we read that in the time of Romulus 
lands were assigned to each temple and college of 
priests (Dionys. ii. 7), and when Festus ($. v. 
Oscum.) states that the Roman augurs had the 
enjoyment (frui mleliant) of a district in the terri- 
tory of Veii, we may infer that all priests had the 
usus of the sacred lands belonging to their respec- 
tive colleges or divinities. This supposition is 
strengthened by the fact that such was actually 
the case in the Roman colonics, where, besides the 
lots assigned to the coloni, pieces of land are men- 
tioned which belonged to the colleges of priests, 
who made use of them by letting them out to farm. 
(Siculus Flaccus, de condit. agror. p. 23. ed. Goes. ; 
Hyginus, de Limit. Constit. p. 205, cd. Goes.) It 
appears however that we must distinguish between 
such lands as were sacred to the gods themselves 
and could not be taken from them except by exau- 
guratio, and such as were merely given to the 
priests as possessio and formed part of the ager 
publicus. Of the latter the state remained the 
owner, and might take them from the priests in any 
case of necessity. ( Dion Cass, xliii. 47 ; Oros. v. 1 8 ; 
Appian, de ISeU. Mithr. 22.) Resides the use of 
such sacred or public lands some priests also had a 
regular annual salary ( utipendium), which was paid 
to them from the public treasury. This is ex- 
pressly stated in regard to the Vestal virgins (Liv. L 
20), the augurs (Dionys. ii. fi), and the curione* 
( Kest. ». p. Curionium), and may therefore be sup- 
posed to have been the case with other priests also. 
The pontifex maximus, the rex sacrorum, and the 
VtttH virgins had moreover a domus publica a* 
their place of residence. In the time of the empe- 
rors the income of the priests, especially of the 
Vestal virgins, was increased. (Suet. Au</. 31 ; 
Tacit. Annul, iv. 16.) 

As regard* the second question, we do not hear 
either in Greece or at Rome of any class of priests 
on whom it was incumbent to instruct the people 
respecting the nature and principles of religion. 
Of preaching there is not the slightest trace. Rcli- 
3s3 



998 



SACRA. 



SACRIFICIUM. 



gion with the ancients was a thing which was 
handed down by tradition from father to son, and 
consisted in the proper performance of certain rites 
and ceremonies. It was respecting these external 
forms of worship alone that the pontiffs were ob- 
liged to give instructions to those who consulted 
them. [Pontifex.] [L.S.] 

SACRA. This word in its widest sense ex- 
presses what we call divine worship. In ancient 
times the state as well as all its subdivisions had 
their own peculiar forms of worship, whence at 
Rome we find sacra of the whole Roman people, of 
the curies, gentes, families, and even of private in- 
dividuals. All these sacra, however, were divided 
into two great classes, the public and private sacra 
(sacra publica et privata), that is, they were per- 
formed either on behalf of the whole nation and at 
the expense of the state, or on behalf of indi- 
viduals, families, or gentes, which had also to defray 
their expenses. (Fest. s. v. Publica sacra ; Liv. i. 
20, x. 7 ; Plut. Num. 9 ; Cic. de Harusp. Resp. 
7.) This division is ascribed to Numa. All sacra, 
publica as well as privata, were superintended and 
regulated by the pontiffs. We shall first speak of 
the sacra publica. 

Sacra Publica. Among the sacra publica the 
Romans reckoned not only those which were per- 
formed on behalf of the whole Roman people, but 
also those performed on behalf of the great subdivi- 
sions of the people, viz. the tribes and the curiae, 
which Festus (I. c.) expresses : pro montanis, pagis, 
curiis, sacellis. (See Dionvs. ii. 21, 23; Appian, 
Hist. Rom. viii. 138, de Bell. Civ. ii. 106 ; Plut. 
Quaest. Rom. 89.) The sacra pro montibus et 
pagis are undoubtedly the sacra montanalia and 
paganalia, which although not sacra of the whole 
Roman people, were yet publica. (Varro, de Ling. 
Lat. vi. 24, &c. ; comp. Fest. s. v. Septimonlium.) 
The sacella in the expression of Festus, sacra pro 
sacellis, appear only to indicate the places where 
some sacra publica were performed. (Gbttling, 
Gesch. d. Rom. Staatsv. p. 176.) What was com- 
mon to all sacra publica, is that they were per- 
formed at the expense of certain public funds, 
which had to provide the money for victims, liba- 
tions, incense, and for the building and mainte- 
nance of those places, where they were performed. 
(Fest. I. c. ; Dionys. ii. 23 ; liv. x. 23, xlii. 3.) 
The funds set apart for the sacra publica were in 
the keeping of the pontiffs, and the sacramentum 
formed a part of them. They were kept in the 
domus publica of the pontifex maximus, and were 
called aerarium pontificum. (Varro, de Ling. Lat. 
v. 180 ; Gruter, Inseript. 413. 8, 496. 6, 452. 6.) 
When these funds did not suffice, the state trea- 
sury supplied the deficiency. (Fest. s. v. Sacra- 
mentum.) In the solemnization of the sacra pub- 
lica the senate and the whole people took part. 
(Plut. Num. 2.) This circumstance however is 
not what constitutes their character as sacra pub- 
lica, for the sacra popularia (Fest. s. v. Popul. 
sacr.) in which the whole people took part, might 
nevertheless be sacra privata, if the expenses were 
not defrayed out of the public funds, but by one 
or more individuals, or by magistrates. The pon- 
tiffs in conducting the sacra publica were assisted 
by the epulones. [Epulones.] 

Sacra privata embraced, as we have stated, 
those which were performed on behalf of a gens, a 
family, or an individual. The characteristic by 
which they were distinguished from the sacra 



publica, is that they were made at the expense of 
those persons or person on whose behalf they were 
performed. Respecting the sacra of a gens, called 
sacra gentilicia, see Gens, p. 568, b. The sacra 
connected with certain families were, like those of 
a gens, performed regularly at fixed times, and de- 
scended as an inheritance from father to son. As 
they were always connected with expenses, and 
were also troublesome in other respects, such an 
inheritance was regarded as a burden rather than 
anything else. (Macrob. Sat. i. 16.) They may 
generally have consisted in sacrifices to the Pe- 
nates, but also to other divinities. They had 
usually been vowed by some member of a family 
on some particular occasion, and then continued 
for ever in that family, the welfare of which was 
thought to depend upon their regular and proper 
performance. Besides these periodical sacra of a 
family there were others, the performance of which 
must have depended upon the discretion of the 
heads of families, such as those on the birthday, or 
on the death of a member of a family. Savigny 
(Zeitschrift, vol. ii. p. 3) denies the existence of 
sacra familiarum. 

An individual might perform sacra at any time, 
and whenever he thought it necessary ; but if he 
vowed such sacra before the pontiffs and wished 
that they should be continued after his death, his 
heirs inherited with his property the obligation to 
perform them, and the pontiffs had to watch that 
they were performed duly and at their proper time. 
(Fest. s. v. Sacer mons ; Cic. pro Dom. 51 ; comp. 
ad Att. xii. 19, &c.) Such an obligation was in 
later times evaded in various ways. 

Among the sacra privata were reckoned also the 
sacra municipalia, that is, such sacra as a commu- 
nity or town had been accustomed to perform be- 
fore it had received the Roman franchise. After 
this event, the Roman pontiffs took care that they 
were continued in the same manner as before. 
(Fest. s. v. Municipalia sacra ; comp. Ambrosch, 
Stud. u. Andeut. p. 215.) 

(See Gottling, p. 175, &c. ; Walter, Gesch. d. 
Rom. Redds, p. 178 ; Hartung, Die Relig. d. Rom. 
vol. i. p. 226, &c. ; comp. Sacrificium.) [L. S.] 

SACRAMENTUM. [Jusjurandum ; Vin- 

DICIAE.] 

SACRA'RIUM was, according to the definition 
of Ulpian (Dig. 1. tit. 8. s. 9. §2), anyplace in 
which sacred things were deposited and kept, whe- 
ther this place was a part of a temple or of a pri- 
vate house. (Comp. Cic. c. Verr. iv. 2, pro Milon. 
31 ; Suet. Tib. 51.) A sacrarium therefore was 
that part of every house in which the images of the 
penates were kept. Respecting the sacrarium of 
the lares see Lararium. Public sacrariaat Rome 
were : one attached to the temple of the Capitoline 
Jupiter, in which the tensae or chariots for public 
processions were kept (Suet. Vesp. 5 ; Grat. Falisc. 
534) ; the place of the Salii in which the ancilia 
and the lituus of Romulus were kept (Val. Max. 
i. 8. 11; Serv. ad Aen. vii. 603), and others. In. 
the time of the emperors, the name sacrarium was 
sometimes applied to a place in which a statue of 
an emperor was erected. (Tacit. Annal. ii. 41 ; 
Stat. Silv. v. 1. 240.) Livy (i. 21) uses it as a 
name for a sacred retired place in general. [L. S.] 

SACRIFI'CIUM (kpetov). Sacrifices or offer- 
ings formed the chief part of the worship of the 
ancients. They were partly signs of gratitude, 
partly a means of propitiating the gods, and partly 



SACRIFICIUM. 

also intended to induce the deity to bestow some 
favour upon the sacrificer, or upon those on whose 
behalf the sacrifice was offered. Sacrifices in a 
wider sense would also embrace the Don'aria ; in 
a narrower sense sacrificia were things offered to 
the gods, which merely afforded momentary gra- 
tification, which were burnt upon their altars, or 
were believed to be consumed by the gods. We 
shall divide all sacrifices into two great divisions, 
bloody sacrifices and unbloody sacrifices, and, 
where it is necessary, consider Greek and Roman 
sacrifices separately. 

Bloody sacrifices. As regards sacrifices in the 
earliest times, the ancients themselves sometimes 
imagined that unbloody sacrifices, chiefly offerings 
of fruit, had been customary long before bloody 
sacrifices were introduced among them. (Plat, de 
Leg. vi. p. 782 ; Paus. viii. 2. § 1, i. 26. § 6 ; 
Macrob. Sat. i. 10, &c.) It cannot indeed be de- 
nied, that sacrifices of fruit, cakes, libations, and 
the like existed in very early times ; but bloody 
sacrifices, and more than this, human sacrifices, are 
very frequently mentioned in early story ; in fact 
the mythology of Greece is full of instances of hu- 
man sacrifices being offered and of their pleasing 
the gods. Wachsmuth (Hell. AH. ii. p. 54.9, &c. 
2d edit) has given a list of the most celebrated 
instances. It may be said that none of them has 
come down to us with any degree of historical evi- 
dence ; but surely the spirit which gave origin to 
those legends is sufficient to prove that human sacri- 
fices had nothing repulsive to the ancients, and 
must have existed to some extent. In the historical 
times of Greece we find various customs in the wor- 
ship of several gods, and in several parts of Greece, 
which can only be accounted for by supposing that 
they were introduced as substitutes for human sacri- 
fices. In other cases where civilisation had shown 
less of its softening influences, human sacrifices re- 
mained customary throughout the historical periods 
of Greece, and down to the time of the emperors. 
Thus in the worship of Zeus Lrcacus in Arcadia, 
where human sacrifices were said to have been in- 
troduced by Lycaon (Paus. viii. 2. § 1), they ap- 
pear to have continued till the time of the Roman 
emperors. (TheophrasL ap. J'orjih/r. de Ahstin. ii. 
27 ; Plut. Qnnr.it. dr. 39.) In Leucas a person 
was every year at the festival of Apollo thrown 
from a rock into the sea (Strab. x. p. 4.V2) ; and 
Themistocles before the battle of Salamis is said to 
have sacrificed three Persians to Dionysus. (Plat 
Them. 13, Aritt. II, i'rlnp. 21.) Respecting an 
annual sacrifice of human beings at Athens, sec 
Tharoklia. With these few exceptions however 
human sacrifices had ceased in the historical ages 
of Greece. Owing to the influences of civilisation, 
in many cases animals were substituted fir human 
beings, in others a few drops of human blood were 
thought sufficient to propitiate the gods. (Paus. 
viii. 23. jj I, ix. 0. § 1.) The custom of sacrificing 
human life to the gods arose undoubtedly from the 
belief, which under different forms has manifested 
itself at all times and in all nations, that the nobler 
the sacrifice and the dearer to its pojsrusor, the 
more pleasing it would be to the gods. Henri: the 
frequent instances in Grecian story of persons sa- 
crificing their own children, or of persons devoting 
themselves to the gods of the lower world. In 
later times, however, persons sacrificed to the gods 
were generally rriminnU who had lo < ri miuli-mni i| 
to death, or such at had been taken prisoners in war. 



SACRIFICIUM. 999 
That the R omans aiso believed human sacri- 
fices to be pleasing to the gods, might be inferred 
from the story of Curtius and from the self-sacrifice 
of the Decii. The symbolic sacrifice of human 
figures made of rushes at the Lemuralia [Lemit- 
ralia] also shows that in the early history of 
Italy human sacrifices were not uncommon. For 
another proof of this practice, see the article Ver 
Sacrum. One awful instance also is known, which 
belongs to the latest period of the Roman republic. 
When the soldiers of Julius Caesar attempted an 
insurrection at Rome, two of them were sacrificed 
to Mars in the Campus Martins by the pontifices 
and the flamen Martialis, and their heads were 
stuck up at the regia. (Dion Cass. xlii. 24.) 

A second kind of bloody sacrifices were those of 
animals of various kinds, according to the nature 
and character of the divinity. The sacrifices of 
animals were the most common among the Greeks 
and Romans. The victim was called Upuov, and 
in Latin hostia or victima. In the early times it 
appears to have been the general custom to bum 
the whole victim (ihoKavrtlv) upon the altars of 
the gods, and the same was in some cases also ob- 
served in later times (Xcnoph. Anal}, vii. 8. § 5), 
and more especially in sacrifices to the gods of the 
lower world, and such as were offered to atone for 
some crime that had been committed. (Apollon. 
Rhod. iii. 1030, 1209.) But as early as the time 
of Homer it was the almost general practice to 
burn only the legs (wK M1P'<*> nypa) enclosed in 
fat, and certain parts of the intestines, while the 
remaining parts of the victim were consumed hy- 
men at a festive meal. The gods delighted chiefly 
in the smoke arising from the burning victims, and 
the greater the number of victims, the more pleas- 
ing was the sacrifice. Hence it was not uncommon 
to offer a sacrifice of one hundred hulls ((kot^St)) 
at once, though it must not be supposed that a 
hecatomb always signifies a sacrifice of a hundred 
bulls, for the name was used in a general way to 
designate any great sacrifice. Such great sacrifices 
were not less pleasing to men than to the gods, for 
in regard to the former they were in reality a do- 
nation of meat. Hence at Athens the partiality 
for such sacrifices rose to the highest degree. 
(Athen. i. p. 3 ; comp. Bockh. 1'uhl. Kcon. p. 211. 
&c.) Sparta, on the other hand, was less extrava- 
gant in sacrifices, and while in other Greek suite* 
it was necessary that a victim should be healthy, 
beautiful, and uninjured, the Spartans were not 
very scrupulous in this respect. (Plat. Alcib. ii. 
p 149.) The animals which were sacrificed were 
mostly of the domestic kind, as bulls, cows, sheep, 
rams, lambs, goats, pigs dogs, and horses ; but 
fishes are also mentioned as pleasing to certain 
gods. (Athen. vii. p. 2.97.) Each god had his 
favourite animals which he liked best as sacrifices; 
but it may be considered as a general rule, that 
those animnls which were sacred to a god were 
not sacrificed to him, though horses were sacrificed 
to Poseidon notwithstanding this usage. (Puus. 
viii. 7. § 2.) The head of the victim before it 
was killed was in most cases strewed with roasted 
barley meal (ooAdx^ro or ouKoxinat) mixed with 
salt (mola filta). The Atheninns used for this 
purpose only barley grown in the Rharian plain. 
( Pans. i. 3D. § fi.) The persons who offered the 
sacrifice wore generally garlands round their head* 
and sometimes also carried them in their hands, 
and Iwfore they touched anything belonging to the 



1000 SACRIFICIUM. 



SAECULUM. 



sacrifice they washed their hands in water. The 
victim itself was likewise adorned with garlands, 
and its horns were sometimes gilt. Before the 
animal was killed, a hunch of hair was cut from its 
forehead, and thrown into the fire as primitiae : 
this preparatory rite was called Karapx^o-Bai. 
(Horn. //. xix. 254, Od. xiv. 422 ; Herod, ii. 45, 
iv. 60 ; Eurip. Iphig. Taur. 40.) In the heroic 
ages the princes, as the high priests of their people, 
killed the victim ; in later times this was done by 
the priests themselves. When the sacrifice was to 
he offered to the Olympic gods, the head of the 
animal was drawn heavenward (see the woodcut 
on the title page of this work : comp. Eustath. ad 
Iliad, i. 459 ) ; when to the gods of the lower 
world, to heroes, or to the dead, it was drawn 
downwards. While the flesh was burning upon 
the altar, wine and incense were thrown upon it 
(Iliad, i. 264, xi. 774, &c), and prayers and music 
accompanied the solemnity. 

The most common animal sacrifices at Rome 
were the suovetaurilia, or solitaurilia, consisting of 
a pig. a sheep, and an ox. They were performed 
in all cases of a lustration, and the victims were 
carried around the thing to be lustrated, whether 
it was a city, a people, or a piece of land. [Lus- 
tratio.] The Greek rptrrva, which likewise 
consisted of an ox, a sheep and a pig, was the 
same sacrifice as the Roman suovetaurilia. (Calli- 
mach. ap. Phot. s.v. TpiTTvav; Aristoph.P&i. 820.) 
The customs observed before and during the sacri- 
fice of an animal were on the whole the same as 
those observed in Greece. (Virg. Aen. vi. 245 ; 
Serv. ad Aen. iv. 57 ; Fest. s. v. Immolare ; Cato, 
de Re Rust. 134, 132.) But the victim was in 
most cases not killed by the priests who conducted 
the sacrifice, but by a person called popa, who 
struck the animal with a hammer before the knife 
was used. (Serv. ad Aen. xii. 120 ; Suet. Calig. 
32.) The better parts of the intestines (eocta) 
were strewed with barley meal, wine, and incense, 
and were burnt upon the altar. Those parts of 
the animal which were burnt were called prosecta, 
prosiciae, or ablegmina. When a sacrifice was 
offered to gods of rivers or the sea, these parts 
were not burnt, but thrown into the water. (Cato, 
de Re Rust. 134 ; Macrob. Sat. ii. 2 ; Liv. xxix. 
27; Virg. Aen. v. 774.) Respecting the use which 
the ancients made of sacrifices to learn the will of 
the gods, see Haruspex and Divinatio. 

Unbloody sacrifices. Among these we may first 
mention the libations (libationes, KoiSai or o-irovfiai). 
We have seen above that bloody sacrifices were 
usually accompanied by libations, as wine was 
poured upon them. Libations always accompanied 
a sacrifice which was offered in concluding a treaty 
with a foreign nation, and that here they formed a 
prominent part of the solemnity, is clear from the 
fact that the treaty itself was called o-irovSa't. But 
libations were also made independent of any other 
sacrifice, as in solemn prayers (Iliad, xvi. 233), 
and on many other occasions of public and private 
life, as before drinking at meals, and the like. 
Libations usually consisted of unmixed wine 
(evo-irovSos, merum), but sometimes also of milk, 
honey, and other fluids, either pure or diluted with 
water. (Soph. Oed. Col. 159, 481 ; Plin. H. N. 
xiv. 19 ; Aeschyl. Eum. 107.) Incense was like- 
wise an offering which usually accompanied bloody 
sacrifices, but it was also burned as an offering by 
itself. Real incense appears to have been used 



only in later times (Plin. H.N. xiii. 1), but in the 
early times, and afterwards also, various kinds of 
fragrant wood, such as cedar, fig, vine, and myrtle- 
wood, were burnt upon the altars of the gods. 
(Suid. s. v. NTjcpaAia \v\a.) 

A third class of unbloody sacrifices consisted of 
fruit and cakes. The former were mostly offered 
to the gods as primitiae or tithes of the harvest, 
and as a sign of gratitude. They were sometimes 
offered in their natural state, sometimes also 
adorned or prepared in various ways. Of this kind 
were the elpeaiwvri, an olive branch wound around 
with wool and hung with various kinds of fruits ; 
the x^Tptu or pots filled with cooked beans [Pya- 
nepsia] ; the Ktpvov or Kipva, or dishes with 
fruit ; the b<!x<u or 6Vx<i [Oschophoria]. Other 
instances may be found in the accounts of the 
various festivals. Cakes (i^kKavoi, irefinara, ir6- 
■Kava, libum) were peculiar to the worship of cer- 
tain deities, as to that of Apollo. They were 
either simple cakes of flour, sometimes also of wax, 
or they were made in the shape of some animal, 
and were then offered as symbolical sacrifices in 
the place of real animals, either because they could 
not easily be procured or were too expensive for 
the sacrificer. (Suid. s. v. Bovs <e§oo[ios ; Serv. ad 
Aen. ii. 116.) This appearance instead of reality 
in sacrifices was also manifest on other occasions, 
for we find that sheep were sacrificed instead of 
stags, and were then called stags ; and in the 
temple of Isis at Rome the priests used water of 
the river Tiber instead of Nile water, and called 
the former water of the Nile. (Fest. s. v. Cer- 
varia ovis ; Serv. I. c.) 

See Wachsmuth, Hellen. Alteriliumsh. vol. ii. 
pp. 548—559, 2d ed. ; Hartung, Die Religion der 
Romer, vol. i. p. 160, &c. [L. S.] 

SACRILE'GIUMis the crime of stealing things 
consecrated to the gods, or things deposited in a 
consecrated place. (Quinctil. vii. 3. § 21, &c. ; Cic. 
deLeg. ii. 16 ; Liv. xlii. 3.) A lex Julia referred 
to in the Digest (48. tit. 13. s. 4) appears to have 
placed the crime of sacrilegium on an equality with 
peculatus. [Peculatus.] Several of the imperial 
constitutions made death the punishment for a 
sacrilegus, which consisted according to circum- 
stances either in being given up to wild beasts, in 
being burned alive, or hanged. (Dig. 48. tit. 13. s. 
6.) Paulus says in general that a sacrilegus was 
punished with death, but he distinguishes between 
such persons who robbed the sacra publica, and 
such as robbed the sacra privata, and he is of 
opinion that the latter, though more than a common 
thief, yet deserves less punishment than the former. 
In a wider sense, sacrilegium was used by the Ro- 
mans to designate any violation of religion (Corn. 
Nep. Alcib. 6), or of anything which should be 
treated with rel igious reverence (Ovid. JMfet. xiv. 
539, Rem. Am. 367, Fast. iii. 700.) Hence a 
law in the Codex (9. tit. 29. s. 1) states that any 
person is guilty of sacrilegium who neglects or 
violates the sanctity of the divine law. An- 
other law (Cod. 9. tit. 29. s. 2) decreed that even 
a doubt as to whether a person appointed by 
an emperor to some office was worthy of this 
office, was to be regarded as a crime equal to 
sacrilegium. [L. S.] 

SACRO'RUM DETESTA'TIO. [Gens. p. 
568, b.] 

SAECULA^RESLUDI. [LudiSaeculares.] 
SAE'CULUM. A saeculum was of a twofold 



SAGITTA. 

nature, that is, either civil or natural. The civil | 
saeculum, accordins to the calculation of the Etrus- , 
cans, which was adopted by the Romans, was a 
gpace of time containing 110 lunar years. The I 
natural saeculum, upon the calculation of which | 
the former was founded, expressed the longest j 
term of human life, and its duration or length was | 
ascertained according to the ritual books of the | 
Etruscans, in the following manner : the life of a j 
person, which lasted the longest of all those who 
were bom on the day of the foundation of a town, ! 
constituted the first saeculum of that town ; and I 
the longest liver of all who were bom at the time 
when the second saeculum began, again determined 
the duration of the second saeculum, and so on. 
(Censorin. de Die Nat. 17.) In the same manner 
that the Etruscans thus called the longest life of a 
man a saeculum, so they called the longest exist- 
ence of a state, or the space of 1100 years, a sac- 
cular day ; the longest existence of one human 
race, or the space of 8800 years, a saccular week, 
&c. (Plut. Sulla, 7 ; Niebuhr, Hist, of Borne, i. 
p. 137.) It was believed that the return of a new 
saeculum was marked by various wonders and 
signs, which were recorded in the history of the 
Etruscans. The return of each saeculum at Kome 
was announced by the pontiffs, who also made the I 
necessary intercalations in such a manner, that at 1 
the commencement of a new saeculum the begin- 
ning of the ten months' year, of the twelve months' 
year, and of the solar year coincided. But in ' 
these arrangements the greatest arbitrariness and j 
irregularity appears to have prevailed at Rome, as 
may be seen from the un qual intervals at which 
the ludi saeculnres were celebrated. [LfDi Sae- 
ci'lares.] This also accounts for the various 
ways in which a saeculum was defined by the an- 
cients: some believed that it contained thirty 
(Censorin. /. c), and others that it contained a 
hundred years (Varro, de Limj. ImI. vi. 1 1 ; FesL 
i.v. Saeeulares ludi) ; the latter opinion appears 
to have been the most common in later times, so 
that saeculum answered to our century. (See 
Ni-i.nhr, Hut. of Rome, i. p. 27.5, &c.) [L. S.] 
SA'iA'RII, the sellers or makers of the satja 
or soldiers' cloaks. [Sagi'M.] They formed a col- 
legium at Rome, and, like many of the other trade- 
corporations, worshipped the imperial family, as 
we see from inscriptions. (Diz. 14. tit. 4. s. 6. § 15 ; 
1 7. tit. 2. s. 52. § 4 ; and the inscription in A. W. 
Zumpt, /*■ Auyiut'dilnu, Bcrol. 1846, p. 17.) 

SAGITTA (oiarit, lit; Herod. T<i{ii/ua), an 
arrow. The account of the arrows of H.rcules 
( Hesiod, .Seat. 180—135), enumerates and de- 
srril.es three parts, viz. the head or point, the 
shaft, and the feather. 

I. The head was denominated SpJn (Herod, i. 
215, iv. 81), whence the instrument, used to ex- 
tract arrow-heads from the bodies of tin- wounded, 
was called iplioH)pa. ( Forceps.] Great quan- 
tities of flint arrow heads are found in Celtic bar- 
rows throughout the north of Europe, in form ex- 
actly resembling those which are still used by the 
Indians of North America. (Iloare's Anc Wilt 
$hirr. South, p. 183.) Nevertheless, the Scythians 
and Massngetar had them of bronze. (Herod. //. ee.) 
Mr. Dodwell found flint arrow-heads on the plain 
of Marathon, and concludes that they had be- 
longed to the Persian army, ('/'our through Greece, 
»oL ii. p. 159.) Those used by the Greeks were 
commonly bronze, as is expressed by the epithet 



SAGITTA. 1001 
XaAJttjpijs, "fitted with bronze," which Homer 
applies to an arrow. (//. xiii. 650, 6G2.) Another 
Homeric epithet, viz. u three-tongued" (TpeyAwxi", 
17. v. 393), is illustrated by the forms of the arrow- 
heads, all of bronze, which are represented in the 
annexed woodcut. That which lies horizontally 




was found at Pcrscpolis, and is drawn of the size 
of the original. The two smallest, one of which 
shows a rivet-hole at the side for fastening it to 
the shaft, are from the plain of Marathon. (Skelton, 
Illust. of Armour at Goodrich Court, i. pi. 44.) 
The fourth specimen was also found in Attica. 
(Dodwell, /. c.) Some of the northern nations, 
who could not obtain iron, barbed their arrow- 
heads with bone. (Tacit. Germ. 46.) 

The use of barbed (aduncae, hamalae), and poi- 
soned arrows (renenatae saffittae) is always repre- 
sented by the Greek and Roman authors as the 
characteristic of barbarous nations. It is attri- 
buted to the Sauromatae and Getae (Ovid. Trial. 
iii. 10. 63, 64, de Ponto, iv. 7. 11, 12) ; to the 
Semi (Amoldi, Cliron. Slav. 4. § 8) and Scythians 
(Plin. H.N. x. 53. s. 115), and to the Arabs 
(Pollux, i. 10) and Moors. (Hor.Carro. i. 22. 3.) 
When Ulysses wishes to have recourse to this in- 
sidious practice, he is obliged to travel north of the 
country of the Thesprotians (Horn. Od. i. 261 — 
263) ; and the classical authors who mention it 
do so in terms of condemnation. (Horn. Plin. 
ll.ee.; Aclian, //. A. v. 16.) The poison applied 
to the tips of arrows having been called turicum, 
(To{i«if), on account of its connection with the 
use of the bow (Plin. H.N. xvi. 10. s. 20 ; Festus, 
i. v.; Dioscor. vi. 20), the signification of this term 
was afterwards extended to poisons in general. 
(Plaut. Mere. ii. 4. 4 ; Hor. Ejioit. xvii. 61 ; 
Propert. i. 5. 6.) 

II. The excellence of the shaft consisted in 
being long and at the same time straight, and, if 
it was of light wood, in being well polished. (lies. 
Scut. 133.) But it often • consisted of a smooth 
cane or reed (Arundo dnnas or jihrat/mites. Linn.), 
and on this account the whole arrow was called 
either arundo in the one case (Virg. Aen. iv. 69 — 
73, v. 525; Ovid. Mn. i. 471, fiii. 382), or 
.-o/.imu« in the other. (Virg. Hue. iii. 12, 13 ; Ovid. 
M't. v ii. 778 ; Hor. Carm. i. 15. 17 ; Juv. xiii. 
oil. i In the Egyptian tombs reed-arrows have been 
found, varying from 34 to 22 inches in length. 
They show the slit (y\vq>U, Horn. //. iv. 122, 
tit. ui. 419) cut in the reed for fixing it upon 
the string. (Wilkinson, Man. and Cutt. etc. vol.1. 

Y :wj.) 



1002 



SAGUM. 



SALIENTES. 



III. The feathers are shown on ancient monu- 
ments of all kinds, and are indicated by the terms 
alae (Virg. Aen. ix. 578, xii. 319), pennatae sa- 
gittae (Prudentius, Hamart. 498), and irrtpScvTus 
o'ia-Toi. (Horn. v. 171.) The arrows of Hercu- 
les are said to have been feathered from the wings 
of a black eagle. (Hes. I. c.) 

Besides the use of arrows in the ordinary way, 
they were sometimes employed to carry fire. Julius 
Caesar attempted to set Antony's ships on fire by 
sending /SeAij wvp<p6pa from the bows of his archers. 
(Dion Cass. 1. 34.) A head-dress of small arrows is 
said to have been worn by the Indians (Prudentius, 
I. c), the Nubians and Egyptians, and other Orien- 
tal nations. (Claudian, de Nupt. Honor. 222, de 
3 Cons. Honor. 21, de Laud. Stil. i. 254.) 

In the Greek and Roman armies the sagittarii, 
more anciently called arquites, i. e. archers, or 
bowmen (Festus, s. v.}, formed an important part 
of the light-armed infantry. (Caesar, Bell. Civ. i. 
81, iii. 44 ; Cic. ad Fam. xv. 4.) They belonged, 
for the most part, to the allies, and were princi- 
pally Cretans. [Arcus ; Corytus ; Pharetra ; 

TORMENTUM.] [J. Y.] 

SA'GMINA were the same as the Verbenae, 
namely, herbs torn up by their roots from within 
the inclosure of the Capitol, which were always 
carried by the Fetiales or ambassadors, when they 
went to a foreign people to demand restitution for 
wrongs committed against the Romans, or to make 
a treaty. [Fetiales.] They served to mark the 
sacred character of the ambassadors, and answered 
the same purpose as the Greek nypvictia. (Plin. 
H.N. xxii. 2. s. 3 ; Liv. i. 24, xxx. 43 ; Dig. 1. 
tit. 8. s. 8.) Pliny (I. c.) also says that sagmina 
were used in remediis publicis, by which we must 
understand expiations and lustrations. The word 
Verbena seems to have been applied to any kind of 
herb, or to the boughs and leaves of any kind of 
tree, gathered from a pure or sacred place. (Serv. 
ad Virg. Aen. xii. 120.) 

According to Festus (s. v.), the verbenae were 
called sagmina, that is, pure herbs, because they 
were taken by the consul or the praetor from a 
sacred (sancto) place, to give to legati when setting 
out to make a treaty or declare war. He connects 
it with the words sanctus and sancire, and it is not 
at all impossible tha't it may contain the same root, 
which appears in a simpler form in sac-er {sag-men, 
sa(n)c-tus) : Marcian (Dig. I.e.) however makes a 
ridiculous mistake, when he derives sanctus from 
sagmina. 

Miiller (ad Fesium, p. 320) thinks, that samen- 
tum is the same word as sagmen, although used re- 
specting another thing by the Anagnienses. (M. 
Aurelius, in Epist. ad Fronton, iv. 4.) 

SAGUM was the cloak worn by the Roman sol- 
diers and inferior officers, in contradistinction to the 
Paludarnentum of the general and superior officers. 
[Paludamentum.] It is used in opposition to the 
toga or garb of peace, and we accordingly find that 
when there was a war in Italy, all citizens put on 
the sagum even in the city, with the exception of 
those of consular rank (saga sumere, ad saga ire, 
in sagis esse, Cic. Phil. viii. 11, v. 12, xiv. 1) : 
hence in the Social or Marsic war the sagum was 
worn for two years. (Liv. Epit. 72, 73 ; Veil. 
Pat. ii. 16.) 

The sagum was open in the front, and usually 
fastened across the shoulders by a clasp, though 
not always (Trebell. Poll. Trig. Tyrann. 10) : it 



resembled in form the Paludamentum (see wood- 
cuts, p. 854), as we see from the specimens of it 
on the column of Trajan and other ancient momir 
ments. It was thick and made of wool (Mart, 
xiv. 159), whence the name is sometimes given to 
the wool itself. (Varro, L.L. v. 167, ed. Miiller.) 
The cloak worn by the general and superior officers 
is sometimes called sagum (Punicum sagum, Hor. 
Ep ix. 28), but the diminutive Sagulum is more 
commonly used in such cases. (Compare Sil. Ital. 
iv. 519, xvii. 528 ; Liv. xxx. 17, xxvii. 19.) 

The cloak worn by the northern nations of 
Europe is also called sagum : see woodcut, p. 213, 
where three Sarmatians are represented with saga, 
and compare Pallium, p. 852. The German 
sagum is mentioned by Tacitus (Germ. 17): that 
worn by the Gauls seems to have been a species of 
plaid (versicolor sagulum, Tac. Hist. ii. 20). 

The outer garment worn by slaves and poor 
persons is also sometimes called sagum. (Columell. 
1. 8 ; compare Dig. 34. tit. 2. s. 23. § 2.) 

SALAMI'NIA. [Paralus.] 

SALA'RIUM, a salary. The ancients derive 
the word from sal, i. e. salt (Plin. H. N. xxxi. 41) ; 
the most necessary thing to support human life 
being thus mentioned as a representative for all 
others. Salarium therefore comprised all the pro- 
visions with which the Roman officers were sup- 
plied, as well as their pay in money. In the time 
of the republic the name salarium does not appear 
to have been used ; it was Augustus who in order 
to place the governors of provinces and other mili- 
tary officers in a greater state of dependence, gave 
salaries to them or certain sums of money, to which 
afterwards various supplies in kind were added. 
(Suet. Aug. 36 ; Tacit. Agric. 42 ; Treb. Poll. 
Claud. 14 and 15 ; Flav. Vopisc. Prob. 4.) Before 
the time of Augustus, the provincial magistrates 
had been provided in their provinces with every- 
thing they wanted, through the medium of redemp- 
tores (vdpoxoi), who undertook, for a certain sum 
paid by the state, to provide the governors with all 
that was necessary to them. During the empire 
we find instances of the salarium being paid to a 
person who had obtained a province, but was ne- 
vertheless not allowed to govern it. In this case 
the salarium was a compensation for the honour 
and advantages which he might have derived from 
the actual government of a province, whence we 
can scarcely infer that the sum of 10,000 sesterces, 
which was offered on such an occasion (Dion Cass, 
lxxviii. 22), was the regular salarium for a pro- 
consul. 

Salaria were also given under the empire to 
other officers, as to military tribunes (Plin. H.N. 
xxxiv. 6 ; Juv. iii. 132), toassessores [Assessor], 
to senators (Suet. Nero, 10), to the comites of the 
princeps on his expeditions (Suet. Tib. 46), and 
others. Antoninus Pius fixed the salaries of all 
the rhetoricians and philosophers throughout the 
empire (Capitol, Ant. Pius, 11), and when persons 
did not fulfil their duties, he punished them by 
deducting from their salaries. (Capitol, ibid. 7.) 
Alexander Severus instituted fixed salaries for 
rhetoricians, grammarians, physicians, haruspices, 
mathematicians, mechanicians and architects (Lam- 
prid. Alex. Sev. 44) ; but to how much these sala- 
ries amounted we are not informed. Respecting 
the pay which certain classes of priests received, 
see Sacerdos. [L. S.] 

SALIENTES. [Fons, p. 544, b.] 



SALII. 



SALINAE. 



1003 



SA'LII were priests of Mar3 Gradinis, and are 
eaid to have been instituted by Numa. They 
were twelve in number, chosen from the patricians 
even in the latest times, and formed an ecclesias- 
tical corporation. (Li v. L 20; Dionys. ii. 70; Cic 
Rep. ii. 14 ; lecta juventus palricia, Lucan, ix. 
478.) They had the care of the twelve Ancilia, 
which were kept in the temple of Mars on the 
Palatine hill, whence those priests were sometimes 
called Salii Palatini to distinguish them from the 
other Salii mentioned below. The distinguishing 
dress of the Salii was an embroidered tunic bound 
with a brazen belt, the trabi-a, and the Apex, also 
worn by the Flamincs. [Apbx.] Each had a 
sword by his side, and in his right hand a spear 
or staff. (Dionys. /. c.) 

The festival "of Mars was celebrated by the 
Salii on the 1st of March and for several successive 
days ; on which occasion they were accustomed to 
go through the city in their official dress carrying 
the ancilia in their left hands or suspended from 
their shoulders, and at the same time singing and 
dancing. In the dance they struck the shields 
with rods so as to keep time with their voices and 
with the movements of the dance. (Liv. I.e.; 
Dionys. I.e. ; Hor. Carm. i. 36. 1, IT. 1. 28). 
From their dancing Ovid, apparently with cor- 
rectness, derives their name (Fail. iii. 387). The 
songs or hymns, which they sang on this occasion 
(Saliaria carmina, Hor. Ep. ii. 1. 86 ; Tac. Ann. 
ii. 83), were called Aiamenta, Atsamenla, or 
Axamenla, of which the etymology is uncertain. 
Gbltling (Geieh. der Horn. Stautsv. p. 192) thinks 
they were so called because they were sung with- 
out any musical accompaniment, ana voce; but 
this etymology is opposed to the express statement 
of Dionysius (iii. 32). Some idea of the subject 
of these songs may be obtained from a passage in 
Virgil (Aen. viii. 286), and a small fragment of 
them is preserved by Varro (L. L. vii. 26, ed. 
Miiller). In later times they were scarcely un- 
derstood even bv the priests themselves. (Varro, 
L. L. vii. 2 ; Hor. Ep. ii. 1. 86 ; Quintil. i. 6. 
p. .54, Ilipont.) The praises of Mamurius Veturius 
formed the principal subject of these songs, though 
who Mamurius Veturius was, the ancients them- 
selves were not agreed upon. (Varro, L. I., vi. 45.) 
He is generally said to be the armourer, who made 
eleven ancilia like the one that was sent from 
heaven in the reign of Numa. (Festus,*. v. Manx. 
Vet.; Dionys. ii. 71 ; Ovid. Fait. iii. 384), but 
tome modem writers suppose it to be merely 
another name of Mars. Besides, however, the 
praises of Mamurius, the verses, which the Salii 
sang, appear to have contained a kind of theogony, 
in which the praises of all the celestial deities 
were celebrated, with the exception of Venus. 
(Macrob. 8at L 12.) The verses in honour of 
each god were called by the respective names of 
each, as Januli, Junonii, Minervii. (Festus, ». p. 
Axamenla.) Divine honour was paid to some of 
the emperors by inserting their names in the songs 
of the Salii. This honour was first bestowed 
upon Augustus (Monum. Ancyr.), nnd nfterwards 
upon (ii rmanicus (Tac. Ann. ii. 83) ; and when 
Venn died, his name was inserted in the song of 
the Salii by command of M. Antoninus. (Capitol. 
M. Ant. PhO. 21.) 

At the conclusion of the festivnl the Salii were 
accustomed to partake of n splendid entertainment 
in the temple of Murs, which was proverbial for 



its excellence. (Suet Claud. 33 ; Cic. ad AM. v. 
9 ; Hor. Carm. L 37.) The members of the col- 
legium were elected by co-optation. We read of 
the dignities of praesul, vates, and magister in the 
collegium. (CapitoL Ibid. 4.) 

The shape of the ancile is exhibited in the an- 
nexed cut, taken from an ancient gem in the Floren- 
tine cabinet, which illustrates the accounts of the 
ancient writers that its form was oval, but with 
the two sides receding inwards with an even curv- 
ature, and so as to make it broader at the ends 
than in the middle. The persons engaged in car- 
rying these ancilia on their shoulders, suspended 
from a pole, are probably servants of the Salii ; 
and the representation agrees exactly with the 
statement of Dionysius (ii. 70) tt4\to.s irx-npiTai 
ilpTj)fi4vas <xtt6 Kav6vav Kouifaviri. At the top of 
the cut is represented one of the rods with which 
the Salii were accustomed to beat the shield in 
their dance, as already described. (Gruter, Inscr. 
p. cccclxiv. note 3.) 

« J S3[p 




Tulliu Hostiliu9 established another collegium 
of Salii in fulfilment of a vow which he made in a 
war with the Sabines. These Salii were also 
twelve in number, chosen from the patricians, and 
appeared to have been dedicated to the service of 
Quirinus. They were called the Salii Collini, 
Agonales or Agoncnscs. (Liv. i. 27 ; Dionys. ii. 
70, iii. 32 ; Varro, L. L. vi. 14.) Niebuhr (//is.'. 
of Rome, vol. iii. p. 3.51) supposes, that the oldest 
and most illustrious college, the Palatine Salii, 
were chosen originally from the oldest tribe, the 
Ramnes, and the one instituted by Tullus Hostilius 
or the (juirinalian from the Tities aloiic : a third 
college for the Luceres wns never established. 
(Compare Hartung, Die Relit/ion der Rwner, vol. ii. 
p. 163.) 

SAI.l NAK CaAai, aKoirfiy iov), a Bait-work. 
(Varro, de /,. hit. viii. 2.5, ed. Spengel.) Al- 
though the ancients were well acquainted with 
rock-salt (Herod, iv. 181 — 18.5 ; fiA»i ipvitroi, 
i.e. - fossil salt," Arrian, Vmttd, Alex, iii. 4. pp. 
161,162, ed. lilan.), and although they obtained 
salt likewise from certain inland lakes (Herod, vii. 
30) and from natural springs or brine-pits (Cic. 
Xat. Dmr. ii. 63; Plin. U.N. xxxi. 7. s. 39 — 
42), and found no sinnll quantity on certain shores 
where it wns congealed by the heat of the sun 
without human labour (fiAn aurifiaToi, Herod, iv. 
.53 ; Plin. /. <•.), yet they obtained by far the 
greatest quantity by the management of works 
constructed on the sea shore, where it was natu- 
rally adapted for the puqmsc by being so low nnd 



1004 



SALINUM. 



SALTATIO. 



flat as to be easily overflowed by the sea (mari- 
timae areae salinarum, Col. de Re Rust. ii. 2), or 
even to be a brackish marsh (o.\vk\s) or a marine 
pool (\i/j.vo8aAa.TTa, Strabo, iv. 1. § 6, vii. 4. § 7; 
Caesar, Bell. Civ. ii. 37). In order to aid the 
natural evaporation, shallow rectangular ponds 
(multifidi lacus) were dug, divided from one an- 
other by earthen walls. The sea-water was ad- 
mitted through canals, which were opened for the 
purpose, and closed again by sluices. [Cataract a.] 
The water was more and more strongly impregnated 
with salt as it flowed from one pond to another. 
(Rutilii, Itin. i. 475 — 490.) When reduced to 
brine (coacto humore), it was called by the Greeks 
aKfiri, by the Latins salsugo or salsilago, and by 
the Spaniards muria. (Plin. I. c.) In this state it 
was used by the Egyptians to pickle fish (Herod, 
ii. 77), and by the Romans to preserve olives, 
cheese, and flesh likewise. (Cato, de Re Rust. 
7, 88, 105 ; Hor. Sat. ii. 8. 53.) From muria, 
which seems to be a corruption of a\p.vphs, 

briny," the victuals cured in it were called salsa 
muriatica. (Plant. Poen. i. 2. 32, 39.) As the 
brine which was left in the ponds crystallized, a 
man entrusted with the care of them, and there- 
fore called salinator (a\oivi]ybs), raked out the salt 
so that it lay in heaps {tumuli) upon the ground to 
drain. (Manilius, v. prope fin. ; Nicander, Alex. 
518, 519.) In Attica (Steph. Byz.), in Britain 
(Ptol.), and elsevvhere, several places, in conse- 
quence of the works established in them, obtained 
the name of 'AAotl or Salinae. 

Throughout the Roman empire the salt-works 
were commonly public property, and were let by 
the government to the highest bidder. The first 
salt-works are said to have been established by 
Ancus Marcius at Ostia. (Liv. i. 33 ; Plin. H. A r . 
xxxi. 41.) The publicani who farmed these works 
appear to have sold the salt, one of the most neces- 
sary of all commodities, at a very high price, 
whence the censors M. Livius and C. Claudius 
(b. c. 204) fixed the price at which those who took 
the lease of them were obliged to sell the salt to 
the people. At Rome the modius was according to 
this regulation sold for a sextans, while in other 
parts of Italy the price was higher and varied. 
(Liv. xxix. 37.) The salt-works in Italy and in 
the provinces were very numerous ; in conquered 
countries however they were sometimes left in the 
possession of their former owners (persons or towns) 
who had to pay to Rome only a fixed rent, but 
most of them were farmed by the publicani. (Bur- 
mann, Veetiqal. Pop. Rom. p. 90, &c.) [J. Y.] 

SALI'NUM, dim. SALILLUM, a salt-cellar. 
Among the poor a shell served for a salt-cellar 
(Hor. Sat. i. 3.14; Schol. adloc): but all who were 
raised above poverty had one of silver, which de- 
scended from father to son (Hor. Carm. ii. 16. 13, 
14), and was accompanied by a silver plate, which 
was used together with the salt-cellar in the do- 
mestic sacrifices. (Pers. iii. 24, 25.) [Patera.] 
These two articles of silver were alone compatible 
with the simplicity of Roman manners in the early 
times of the republic. (Plin. H.N. xxxiii. 12. s. 
54 ; Val. Max. iv. 4. § 3 ; Catull. xxiii. 1 9.) The 
salt-cellar was no doubt placed in the middle of the 
table, to which it communicated a sacred character, 
the meal partaking of the nature of a sacrifice. 
[Focus ; Mbnsa.] These circumstances, to- 
gether with the religious reverence paid to salt 
and the habitual comparison of it to wit and vi- 



vacity, explain the metaphor by which the soul of 
a man is called his salillum. (Plaut. Trin. ii. 4. 
90,91.) [J. Y.] 

SALTA'TIO (opxwis, opxifTis), dancing. 
The dancing of the Greeks as well as of the Ro- 
mans had very little in common with the exercise 
which goes by that name in modern times. It may 
be divided into two kinds, gymnastic and mimetic ; 
that is, it was intended either to represent bodily 
activity, or to express by gestures, movements and 
attitudes certain ideas or feelings, and also single 
events or a series of events, as in the modern ballet. 
All these movements, however, were accompanied 
by music ; but the terms opxi <71s ar *d saltatio 
were used in so much wider a sense than our 
word dancing, that they were applied to designate 
gestures, even when the body did not move at all. 
(Ovid. Art. Am. i. 595, ii. 305; sallare solisoculis, 
Apul. Met. x. p. 251, ed. Bip. ; comp. Grote, 
Hist, of Greece, vol. iv. p. 114.) 

We find dancing prevalent among the Greeks 
from the earliest times. It is frequently mentioned 
in the Homeric poems : the suitors of Penelope de- 
light themselves with music and dancing (Od. i. 
152, 421, xviii. 304): and Ulysses is entertained 
at the court of Alcinous with the exhibitions of very 
skilful dancers, the rapid movements of whose feet 
excite . his admiration. (Od. viii. 265.) Skilful 
dancers were at all times highly prized by the 
Greeks : we read of some who were presented with 
golden crowns, and had statues erected to their 
honour, and their memory celebrated by inscrip- 
tions. (Plut. de Pyth. Orac. 8 ; Anthol. Plan. iv. 
n. 283, &c.) 

The lively imagination and mimetic powers of 
the Greeks found abundant subjects for various 
kinds of dances, and accordingly the names of no 
less than 200 different dances have come down to 
us. (Meursius, Orchestr. ; Athen. xiv. pp. 627 — 630; 
Pollux, iv. 95 — 111 ; Liban. xnrlp t£>v opx.) It 
would be inconsistent with the nature of this work 
to give a description of all that are known : only 
the most important can be mentioned, and such as 
will give some idea of the dancing of the ancients. 

Dancing was originally closely connected with 
religion : Plato (Leg. vii. pp. 798, 799) thought 
that all dancing should be based on religion, as it 
was, he says, among the Egyptians. The dances of 
the Chorus at Sparta and in other Doric states 
were intimately connected with the worship of 
Apollo, as has been shown at length elsewhere 
[Chorus ; Hyporchema] ; and in all the public 
festivals, which were so numerous among the 
Greeks, dancing formed a very prominent part. 
All the religious dances, with the exception of the 
Bacchic and the Corybantian, were very simple, 
and consisted of gentle movements of the body 
with various turnings and windings around the 
altar : such a dance was the yepavos, which The- 
seus is said to have performed at Delos on his 
return from Crete. (Plut. T/ies. 21.) The Diony- 
siac or Bacchic and the Corybantian were of a 
very different nature. In the former the life and 
adventures of the god were represented by mimetic 
dancing [Dionysia]: the dance called Baicxwfl 
by Lucian (de Salt. 79), was a Satyric dance and 
chiefly prevailed in Ionia and Pontus ; the most 
illustrious men in the state danced in it, repre- 
senting Titans, Corybantians, Satyrs, and husband- 
men ; and the spectators were so delighted with 
the exhibition, that they remained sitting the 



SALTATIO. 

whole day to witness it, forgetful of even-thing 
else. The Corybantian was of a very wild cha- 
racter : it was chiefly danced in Phrygia and in 
Crete ; the dancers were armed, struck tlieir 
gwords against their shields, and displayed the 
most extravagant fury ; it was accompanied chiefly 
by the flute. (Lucian, lb. 8 ; Strab. x. p. 473 ; 



SALTATIO. 



1005 




Plat. C'rit. p. 54.) The preceding woodcut from 
the Mnaeo Pio Clementino (vol. it. pi. 2) is sup- 
posed to represent a Corybantian dance. Respect- 
ing the dances in the theatre, see Chorus. 

Dancing was applied to gymnastic purposes and 
to training for war, especially in the Doric states, 
and was believed to have contributed very much 
to the success of the Dorians in war, as it enabled 
them to perform their evolutions simultaneously 
and in order. Hence the poet Socrates (Athen. 
xiv. p. 629. f.) says, 

01 5( X°P°' S KOAAllTTa dfOUS TifiUKTiV, &pi(TTOt 

iv nohiiuf. 

There were various dances in early times, which 
served as a preparation for war : hence Homer 
(//. xi. 49, xiL 77) calls the Hoplites irpuAt'«i, a 
war-dance having been called »pi)Ait by the Cre- 
tans. (Miillcr, Dot. iii. 12. § 10.) Of such dances 
the most celebrated was the Pyrrhic (y Vlvfyixv), 
of which the irpuAis was probably only another 
name: this Plato (Leg. vii. p. 815) takes as the 
representative of all war dances. The invention of 
this dance is placed in the mythical age, and is 
usually assigned to one Pyrrhicos, but most of the 
accounts agree in assigning it a Cretan or Spartan 
origin ; though others refer it to Pyrrhus or Neo- 
ptolemus, the son of Achilles, apparently misled by 
the name, for it was undoubtedly of Doric origin. 
(Athen. xiv. p. 630, e ; Strab. x. p. 466 ; Plat. 
Isy. p. 796 ; Lucian, lb. 9.) It was danced to 
the sound of the flute, and its time was very quick 
and light, as is shown by the name of the Pyrrhic 
foot ( ww ), which must be connected with this 
dance : and from the same source came also the 
Proceleusmatic («***~) or challenging foot (MU1- 
ler, Hut. of the Literal, of Cretce, p. 161.) The 
Pyrrhic dance was performed in different ways at 
various times and in various countries, for it was 
by no means confined to the Doric states. Plato 
(/."/. vii. p. 815) describes it as representing by 
rapid movements of the body the way in which 
missiles and blows from weapons were avoided, 
and also the mode in which the enemy were 
attacked. In the non-Doric states it was pro- 
bably not practised as a training for war, hut 
only as a mimetic dance : thus we read of its being 
danced by women to entertain a company. (Xen. 
AniJi. vi. 1. § 12.) It was also performed at 
Athens at the greater and lesser Panathenaea by 
Ephcbi, who were called PyrrhichisU (T\u^tx iara U 
and were- trained at the expense of the Choragus. 
(Schol. ail Arutoph. Nub. 988 j Lysias, fi'oA. 



SwpoSoK. p. 698, Reiske.) In the mountainous 
parts of Thessaly and Macedon dances are per- 
formed at the present day by men armed with 
muskets and swords. (Dodwell, Tour through 
Greece, vol. ii. pp. 21, 22.) 

The following woodcut, taken from Sir W. 
Hamilton's vases (ed. Tischbein, vol. i. pi. 60), 
represents three Pyrrhicists, two of whom with 
shield and sword are engaged in the dance, while 
the third is standing with a sword. Above them 
is a female balancing herself on the head of one, 
and apparently in the act of performing a somerset ; 
she no doubt is taking part in the dance, and per- 
forming a very artistic kind of Kv%io-Ti\ai% or 
tumbling, for the Greek performances of this kind 
surpass any thing we can imagine in modern times. 
Her danger is increased by the person below, who 
holds a sword pointing towards her. A female spec- 
tator sitting looks on astonished at the exhibition. 




The Pyrrhic dance was introduced in the public 
games at Rome by Julius Caesar, when it was 
danced by the children of the leading men in Asia 
and Dithynia. (Suet. Jul. Cues. 39.) It seems 
to have been much liked by the Roman3 ; it was 
exhibited both by Caligula and Nero (Dion Cass, 
lx. 7 ; Suet. A'er. 12), and also frequently by 
Hadrian. (Spartian. lludr. 19.) Athenaeus (xiv. 
p. 631, a) says that the Pyrrhic dance was still 
practised in his time (the third century A. D.) at 
Sparta, where it was danced by boys from the age 
of fifteen, but that in other places it had become a 
species of Dionysiac dance, in which the history of 
Dionysus was represented, and where the dancers 
instead of arms carried the thyrsus and torches. 

Another important gymnastic dance was per- 
formed at the festival of 7",u»'oirai5i'a at Sparta in 
commemoration of the battle at Thyrea, where the 
chief object according to Muller ( iJor. iv. 6. § 8) 
was to represent gymnastic exercises and dancing 
in intimate union : respecting the dance at this 
festival, see Ovmnopakdia. 

There wen- other dances, besides the Pyrrhic, in 
which the performers had arms, but these seem to 
have been entirely mimetic, and not practised with 
any view to training for war. Such was the 
Kapwaia peculiar to the Aenianians and Mugnctcs, 
which was performed by two armed men in the 
following manner : one lays down his arms, sows 
the ground, and ploughs with a yoke of oxen, fre- 
quently looking around as if afraid ; then comes a 
robber, whom as soon as the other sees, he snatches 
up his arms and fights with him for the oxen. All 



1006 



SALTATIO. 



these movements are rhythmical, accompanied by 
the flute. At last the robber binds the man and 
drives away the oxen, but sometimes the husband- 
man conquers. (Xen. Anab. vi. 1. §§ 7, 8; Athen. i. 
pp. 1 5, f, 1 6, a ; Maxim. Tyr. Diss, xxviii. 4.) Similar 
dances by persons with arms are mentioned by 
Xenophon on the same occasion. These dances 
were frequently performed at banquets for the en- 
tertainment of the guests (Athen. iv. p. 1 55, b.). 
At banquets likewise the KvSiGTqrripes or tum- 
blers were frequently introduced. These tumblers, 
in the course of their dance, flung themselves on 
their heads and alighted again on their feet 

(S)0"ITep 61 KV§llXTUVTeS KoL eii OpBpbv TO. (JK.£\7) 

irepi(pep6fieyoi kvSicttcoo'i KvicXa, Plato, Symp. c. 
16, p. 190). We read of KuSio-Trirfipes as early 
as the time of Homer. (II. xviii. 605, Od. iv. 18.) 
They were also accustomed to make their somerset 
over knives or swords, which was called Kugimav 
els fj.axa.ipas. (Plato, Euthyd. c. 55. p. 294 ; Xen. 
Mem. i. 3. § 9, Symp. ii. 14 ; Athen. iv. p. 129, d ; 
Pollux, iii. 134.) The way in which this feat was 
performed is described by Xenophon, who says 
(Symp. ii. 11) that a circle was made quite full of 
upright swords, and that the dancer els ravra 
invSlara re Kal e£eKU§i'<rra uirep avrav ; and it is 
well illustrated by the following cut taken from 
the Museo Borbonico, vol. vii. tav. 58. (Becker, 
Charikles, vol. i. p. 499, vol. ii. p. 287.) We learn 
from Tacitus (Germ. 24) that the German youths 
also used to dance among swords and spears pointed 
at them. 




Other kinds of dances were frequently performed 
at entertainments, in Rome as well as in Greece, 
by courtezans, many of which were of a very inde- 
cent and lascivious nature. (Macrob. Sat. ii. 10 ; 
Plaut. Stick, v. 2. 11.) The dancers seem to have 
frequently represented Bacchanals : many such 
dancers occur in the paintings found at Hercula- 
neum and Pompeii in a variety of graceful atti- 
tudes. (See Museo Borbonico, vol. vii. tav. 34 — ■ 
40, vol. ix. tav. 1 7, vol. x. tav. 5, 6, 54.) 

Among the dances performed without arms one 
of the most important was the opfios, which was 
danced at Sparta by youths and maidens together ; 
the youth danced first some movements suited to 
his age, and of a military nature ; the maiden fol- 
lowed in measured steps and with feminine ges- 
tures. Lucian (de Salt. 12) says that it was 
similar to the dance performed at the Gymnopaedia. 
(Compare Miiller, Dor. iv. 6. § 5.) Another com- 
mon dance at Sparta was the Bibasis (/Sigocru), 
which was much practised both by men and women. 
The dance consisted in springing rapidly from the 



SALUTATORES. 

ground, and striking the feet behind ; a feat of 
which a Spartan woman in Aristophanes (Lysistr. 
28) prides herself (yvfivaSSopai ya Kal ttotI irvyav 
aAAo/iai). The number of success 'ul strokes was 
counted, and the most skilful received prizes. We 
are told by a verse which has been preserved by 
Pollux (iv. 102), that a Baconian girl had danced 
the bibasis a thousand times, which was more than 
had ever been done before. (Miiller, Dorians, iv. 
6. § 8.) 

In many of the Greek states the art of dancing 
was carried to great perfection by females, who 
were frequently engaged to add to the pleasures 
and enjoyment of men at their symposia. These 
dancers always belonged to the hetaerae. Xeno- 
phon (Symp. ix. 2 — 7) describes a mimetic dance 
which was represented at a symposium, where 
Socrates was present. It was performed by a 
maiden and a youth, belonging to a Syracusian, 
who is called the opxijCToSiSacrjcaAos, and repre- 
sented the loves of Dionysus and Ariadne. 

Respecting the dancers on the tight-rope see 

FUNAMBULUS. 

Dancing was common among the Romans in an- 
cient times in connection with religious festivals 
and rites, and was practised according to Servius 
(ad Virg. Eel. v. 73), because the ancients thought 
that no part of the body should be free from the 
influence of religion. The dances of the Salii, 
which were performed by men of patrician families, 
are spoken of elsewhere. [Salii.] Dionysius 
(vii. 72) mentions a dance with arms at the Budi 
Magni, which, according to his usual plan of re- 
ferring all old Roman usages to a Greek origin, he 
calls the Pyrrhic. There was another old Roman 
dance of a military nature, called Bellierepa Salta- 
tio, which is said to have been instituted by Ro- 
mulus, after he had carried off the Sabine virgins, 
in order that a like misfortune might not befall his 
state. (Festus, s. v.) Dancing, however, was not 
performed by any Roman citizen except in con- 
nection with religion ; and it is only in reference 
to such dancing that we are to understand the 
statements, that the ancient Romans did not con- 
sider dancing disgraceful, and that not only free- 
men, but the sons of senators and noble matrons 
practised it. (Quintil. Inst. Orat. i. 11. §18; 
Macrob. Sat. ii. 10.) In the later times of the 
republic we know that it was considered highly 
disgraceful for a freeman to dance : Cicero re- 
proaches Cato • for calling Murena a dancer (salta- 
tor), and adds " nemo fere sal tat sobrius, nisi forte 
insanit." (Pro Muren. 6; compare in Pison. 10.) 

The mimetic dances of the Romans, which were 
carried to such perfection under the empire, are 
described under Pantomimus. (Meursius, Or- 
chestra; Burette, de la Danse des Anciens ; Krause, 
Gymnastih und Agon. d. Hell. p. 807, &c.) 

SALVIA'NUM INTERDICTUM. [Inter- 
dictum.] 

SABUTATO'RES, the name given in the later 
times of the republic and under the empire to a 
class of men who obtained their living by visiting 
the houses of the wealthy early in the morning to 
pay their respects to them (salutare), and to accom- 
pany them when they went abroad. This arose 
from the visits which the clients were accustomed 
to pay to their patrons, and degenerated in later 
times into the above-mentioned practice. Such 
persons seem to have obtained a good living among 
the great number of wealthy and vain persons at 



SAMBUCA. 



SARCOPHAGUS. 1007 



Rome, who were gratified by this attention. (Mer- 
cenarius Salutator, Colum. Praef. i. ; Martial, x. 
74 ; Becker, GaUus, vol. i. p. 146.) [Sportula.] 

SAMBUCA (o-o/i§uKT), or aaSvicn, Arcadius de 
Accent, p. 107), a harp. The preceding Latin and 
Greek names are with good reason represented by 
Bochart, Vos9ius, and other critics, to be the same 
with the Hebrew N23D (sabeca), which occurs in 
Daniel (iii. 5, 7, 10). The performances of sam- 
bucistriae ((Ta/iSuKicrrpiai) were only known to the 
early Romans as luxuries brought over from Asia. 
(Plaut. Stich. ii. 3. 57; Liv. xxxix. 6.) The Athe- 
nians considered them as an exotic refinement 
(Philemon, p. 370, ed. Meineke) ; and the Rhodian 
women who played on the harp at the marriage- 
feast of Caranus in Macedonia, clothed in very thin 
tunics, were introduced with a view to give to the 
entertainment the highest degree of splendour. 
Some Greek authors expressly attributed the in- 
vention of this instrument to the Syrians or Phoe- 
nicians. ( Athen. iv. p. 1 75,d.) Theopinion of those 
who ascribed it to the Lyric poet, Ibycus, can only 
authorize the conclusion, that he had the merit of 
inventing some modification of it. the instrument 
as improved by him being called 'ISvkivov. (Athen. 
I.e.; Suidas, s. w. 'IGvkivov : 'Ifiu/fds: JjuSmj:, . 
Strabo, moreover, represents (TanSvicq as a " bar- 
barous" name (x. 3. § 17). 

The sambuca is several times mentioned in con- 
junction with the small triangular harp (jpiytevov), 
which it ri'scmbled in the principles of its con- 
struction, though it was much larger and more 
complicated. The triyonum, a representation of 
which from the Museum at Naples is given in the 
annexed woodcut, was held like the lyre in the 
hands of the performer (Spon, Misc. lirud. Ant. 
p. 21 ), whereas the harp was sometimes consider- 
ably higher than the stature of the performer, and 
was placed upon the ground. The harp of tEe 
Parthians and Troglodytae had only four strings. 
(Athen. xiv. p. 633, f.) Those which are painted on 
the walls of Egyptian tombs (see Denon, Wilkin- 
son, &c.) have from 4 to 38. One of them, taken 
from Brute's travels, is here introduced. From 
the allusions to this instrument in Vitruvius (vi. 
1) we find that the longest string was called the 
u proslambnnomenon," the next " hypate," the 
shortest but one ** paranete," and the shortest, 
which had consequently the highest tone, was 
called " nete." [See Musica, p. 775.] Under 
the Roman Emperors the harp appears to have 




come into more general use (Pers. v. 95 ; Spartian. 
Hadr. 26), and was played by men (<rafi§vKi<rTal) 
as well as women. (Athen. iv. p. 182, e.) 

Sambuca was also the name of a military engine, 
used to scale the walls and towers of besieged 
cities. It was called by this name on account of 
its general resemblance to the form of the harp. 
Accordingly, we may conceive an idea of its con- 
struction by turning to the woodcut and supposing 
a mast or upright pole to be elevated in the place 
of the longest strings, and to have at its summit an 
apparatus of pulleys, from which ropes proceed in 
the direction of the top of the harp. We must 
suppose a strong ladder, 4 feet wide, and guarded 
at the sides with palisades, to occupy the place of 
the sounding-board, and to be capable of being 
lowered or raised at pleasure by means of the ropes 
and pulleys. At the siege of Syracuse Marcellus 
had engines of this description fixed upon vessels, 
which the rowers moved up to the walls so that 
the soldiers might enter the city by ascending the 
ladders. (Polyb. viiL 5 ; Plut. Mure. p. 558, ed. 
Steph. ; Athen. xiv. p. 634, b; Onosandr.iVraf. 42 ; 
Vitruv. x. 16. § 9 ; Festus, s. v. Sambuca ; Athen. 
de Much. up. Math. Vet. p. 7.) When an inland 
city was beleaguered, the Sambuca was mounted 
upon wheels. (Bito, up. Math. Vet. pp. 110, 111 ; 
VegcL iv. 21.) [J.Y.] 

SAMNITES. [Gladiatores, p. 576, a.] 

SANDA'LIL'M (aavbiMov or advSaXov), a 
kind of shoe worn only by women. In the Homeric 
age however it was not confined to either sex, and 
consisted of a wooden sole fastened to the foot 
with thongs. (Horn. Hymn, in Merc. 79, 83, 139.) 
In later times the sandalium must be distinguished 
from the inrSSijua, which was a simple sole bound 
under the foot (Pollux, viii. 84, with KUhn's 
emendation), whereas the sandalium, also called 
fiKairria. or (ihavTi), was a sole with a piece of 
leather covering the toes, so that it formed the 
transition from the indo-n/ia to real shoes. The 
piece of leather under the toes was called (vyhs or 
{iryiv. (Aristoph. Lysistr. 390, with the SchoL ; 
Hesych. s. v. Zvy6s ; Pollux, vii. 81 ; Phot. Lex. 
p. 54, ed. Dobr.) The aavhaKia. &(vya in Strabo 
(vi. p. 259) arc however not sandalia without the 
fa/iv, but, as Becker (Cluirik/es, ii. p. 367, &c.) 
justly remarks, sandalia which did not belong to 
one another, or did not form a pair, and one of 
which was larger or higher than the other. The 
(uy6n was frequently adorned with costly em- 
broider)' and gold (Cephisodor. ap. /'oil. vii. 87 ; 
Clem. Alex. I'aedag. ii. 1 1 ), and appears to hare 
been one of the most luxurious articles of female 
dress. (Aelian, V. II. i. 18.) The small cover of 
the toes however was not sufficient to fasten the 
sandalium to the foot, wherefore thongs likewise 
beautifully adorned were attached to it. (Pollux, 
vii. 92.) Although sandalia, as we have stated, 
were in Greece and subsequently at Rome also 
worn by women only, yet there are traces that at 
li a.t in tin' Mil-it ttiry we n- also worn by men. 
( Herod, ii. 91 ; St. Mark, vi. 9.) 

The Roman ladies, to whom this ornament of 
the foot was introduced from Greece, wore snndalin 
which appear to have been no le** beautiful and 
costly than those worn by the Greeks nnd tho 
< MnUd nations. (Torpilius, up. Son. v. 24 ; Terciit. 

Bmmck v. 7. 4.) [L. S.J 

SANDAPILA. [Funi s, p. 559, a.] 
SARCO PHAGUS. [Flni/s, p. 559, b.] 



1008 



SATURA. 



SATURA. 



SA'RCULUM (a sarriendo, Varro, de L. Lot. 
v. 31, cricaAis, CKaXicrriiptov), a hoe, chiefly used in 
weeding gardens, cornfields, and vineyards. (Hor. 
Carm. L 1. 11; Ovid. Met. xi. 36, Fast. i. 699, 
iv. 930 ; Plaut. True. ii. 2. 21; Cato, de Re Rust. 
10 ; Columella, x. 21 ; Pallad. i. 43.) It was also 
sometimes used to cover the seed when sown (Co- 
lumella, ii. 11), and in mountainous countries it 
served instead of a plough. (Plin. H. N. xviii. 19. 
s. 49.) Directions for using it to clear the surface 
of the ground (o-koXKziv, Herod, ii. 14 ; ffKaXevetv, 
Schol. in Theocrit. x. 14) are given by Palladius 
(de Re Rust. ii. 9). [J. Y.] 

SARISSA. [Exercitus, p. 488, a.] 
SARRA'CUM, a kind of common cart or wag- 
gon, which was used by the country-people of 
Italy for conveying the produce of their fields, 
trees, and the like from one place to another. (Vi- 
truv. x. 1 ; Juv. iii. 254.) Its name as well as 
the fact that it was used by several barbarous na- 
tions, shows that it was introduced from them into 
Italy. (Sidon. Epist. iv. 18; Amm. Marc. xxxi. 
2.) That persons also sometimes rode in a sar- 
racum, is clear from a passage of Cicero quoted by 
Quinctilian (viii. 3. § 21), who even regards the 
word sarracum as low and vulgar. Capitolinus 
(Anton. Pkilos. 13) states, that during a plague the 
mortality at Rome was so great, that it was found 
necessary to carry the dead bodies out of the city 
upon the common sarraca. Several of the bar- 
barous nations with which the Romans came in 
contact used these waggons also in war, and placed 
them around their camps as a fortification (Sisenna, 
ap. Non. iii. 35), and the Scythians used them in 
their wanderings, and spent almost their whole 
lives upon them with their wives and children, 
whence Ammianus compares such a caravan of 
sarraca with all that was conveyed upon them to a 
wandering city. The Romans appear to have used 
the word sarracum as synonymous with plaustrum, 
and Juvenal (v. 22) goes even so far as to apply 
it to the constellation of stars which was gene- 
rally called plaustrum. (Scheffer, de Re Vihicul. 
ii. 31.) [L.S.] 

SARTA'GO (r^yavov), was a sort of pan which 
was used in the Roman kitchens for a variety of 
purposes, such as roasting, melting fat or butter, 
cooking, &c. (Plin. H. N. xvi. 22 ; Juv. x. 63.) 
Frequently also dishes consisting of a variety of 
ingredients seem to have been prepared in such a 
sartago, as Persius (i. 79) speaks of a sartago 
loquendi, that is, of a mixture of proper and im- 
proper expressions. Some commentators on this 
passage, and perhaps with more justice, understand 
the sartago loquendi as a mode of speaking in which 
hissing sounds are employed, similar to the noise 
produced when meat is fried in a pan. [L. S.] 
SATISDA'TIO. [Actio.] 
SA'TURA, or in the softened form SATIRA, 
is the name of a species of poetry, which we call 
satire. In the history of Roman literature we 
have to distinguish two different kinds of satires, 
viz. the early satura, and the later satira which 
received its perfect development from the poet C. 
Lucilius (148 — 103 B. a). Both species of poetry, 
however, are altogether peculiar to the Romans. 
The literal meaning of satura, the root of which is 
sat, comes nearest to what the French call pot- 
pourri, or to the Latin farrago, a mixture of all 
sorts of things. The name was accordingly applied 
by the Romans in many ways, but always to 



things consisting of various parts or ingredients, 
e. g. lanx satura, an offering consisting of various 
fruits, such as were offered at harvest festivals and 
to Ceres (Acron, ad Horat. Sat. i. 1 ; Diomed. iii. 
p. 483, ed. Putsch.); lex per saturam lata, a law 
which contained several distinct regulations at 
once. (Fest. s. v. Satura.) It would appear from 
the etymology of the word, that the earliest Ro- 
man satura, of which we otherwise scarcely know 
anything, must have treated in one work on a 
variety of subjects just as they occurred to the 
writer, and perhaps, as was the case with the 
satires of Varro, half in prose and half in verse, or 
in verses of different metre. Another feature of 
the earliest satura, as we learn from the celebrated 
passage in Livy (vii. 2.), is that it was scenic, that 
is, an improvisatory and irregular kind of dramatic 
performance, of the same class as the versus Fes- 
cennini. [Fescennina.] When Livius Andro- 
nicus introduced the regular drama at Rome, the 
people, on account of their fondness for such ex- 
tempore jokes and railleries, still continued to keep 
up their former amusements, and it is not impro- 
bable that the exodia of later times were the old 
saturae merely under another name. [Exodia.] 

Ennius and Pacuvius are mentioned as the first 
writers of satires, but we are entirely unable to 
judge whether their works" were dramatic like the 
satura of old, or whether they resembled the 
satires of Lucilius and Horace. At any rate, how- 
ever, neither Ennius nor Pacuvius can have made 
any great improvement in this species of poetry, 
as Quinctilian (x. 1. § 93) does not mention either 
of them, and describes C. Lucilius as the first great 
writer of satires. It is Lucilius who is universally 
regarded by the ancients as the inventor of the 
new kind of satira, which resembled on the whole 
that species of poetry which is in modern times 
designated by the same name, and which was no 
longer scenic or dramatic. The character of this 
new satira was afterwards emphatically called 
character Lucilianus. (Varro, de Re Rust. iii. 2.) 
These new satires were written in hexameters, 
which metre was subsequently adopted by all the 
other satirists, as Horace, Persius, and Juvenal, 
who followed the path opened by Lucilius. Their 
character was essentially ethical or practical, and 
as the stage at Rome was not so free as at Athens, 
the satires of the former had a similar object to 
that of the ancient comedy at the latter place. The 
poets in their satires attacked not only the follies 
and vices of mankind in general, but also of such 
living and distinguished individuals as had any 
influence upon their contemporaries. Such a species 
of poetry must necessarily be subject to great 
modification?, arising partly from the character of 
the time in which the poet lives, and partly from 
the personal character and temperament of the 
poet himself, and it is from these circumstances 
that we have to explain the differences between 
the satires of Lucilius, Horace, Persius, and 
Juvenal. 

After Lucilius had already by his own example 
established the artistic principles of satire, Teren- 
tius Varro in his youth wrote a kind of satires, 
which were neither like the old satura nor like 
the satira of Lucilius. They consisted of a mixture 
of verse and prose, and of verses of different 
metres, but were not scenic like the old saturae. 
They were altogether of a peculiar character, and 
were therefore called satirae Varronianae, or Me- 



SATURNALIA. 



SCALAE. 



1009 



nippeae or Cynicae, the latter because he was said 
to have imitated the works of the Cynic philoso- 
pher Menippus. (Gellius, ii. 18.) 

(See Casaubon, de Satyrica Graecorum Poesi et 
Romanorum Satira, libri ii. Halae 1774, with 
notes by Rambach.) [L. S.] 

SATURXA'LIA, the festival of Saturnus, to 
whom the inhabitants of Latium attributed the in- 
troduction of agriculture and the arts of civilized 
life. Falling towards the end of December, at the 
season when the agricultural labours of the year 
were fully completed, it was celebrated in ancient 
times by the rustic population as a sort of joyous 
harvest-home, and in every age was viewed by all 
classes of the community as a period of absolute 
relaxation and unrestrained merriment. During 
its continuance no public business could be trans- 
acted, the law courts were closed, the schools kept 
holiday, to commence a war was impious, to punish 
a malefactor involved pollution. (Macrob. Sat. i. 
10. 16 ; Martial, i. 86 ; Suet. Aug. 32 ; Plin. Ep. 
viii. 7.) Special indulgences were granted to the 
slaves of each domestic establishment ; they were 
relieved from all ordinary toils, were permitted to 
wear the pilau the badge of freedom, were granted 
full freedom of speech, partook of a banquet attired 
in the clothes of their masters, and were waited 
upon by them at table. (Macrob. Sat. i. 7 ; Dion 
Cass, lx. 19 ; Hor. .S'«/. ii. 7.5; Martial, xi. 6, 
xiv. 1 ; Athen. xiv. 44.) 

All ranks devoted themselves to feasting and 
mirth, presents were interchanged among friends, 
crrei or wax tapers being the common offering of 
the more humble to their superiors, and crowds 
thronged the streets, shouting Io S<iturna/ia (this 
was termed clamare Saturnalia ), while sacrifices 
were offered with uncovered head, from a convic- 
tion that no ill-omened sight would interrupt the 
rites of such a happy day. (Catull. 14 ; Scnec. 
A'//. 18; Sui t. Ann. 75; Martial, v. 18, 19, vii. 
53, xiv. 1 ; PBn. Ep. iv. 9 ; Macrob. So*, i. 8, 10 ; 
Serv. ail Virg. Acn. iii. 407.) 

Many of the peculiar customs exhibited a re- 
markable resemblance to the sports of our own 
Christmas and of the Italian Carnival. Thus on 
the Saturnalia public gambling was allowed by the 
aediles (Martial, v. 84, xiv. 1, xi. 6), just as in 
the days of our ancestors the most rigid were wont 
to countenance card-playing on Christmas-eve ; 
the whole population threw off the toga, wore a 
loose gown, called nyntlfrit, and walked about with 
the pileus on their heads (Martial, xiv. 141, vi. 
24, xiv. 1, xi. 6; Senec. Ep. 18), which reminds 
us of the dominoes, the peaked caps, and other 
disguises wom by masques and mummers ; the 
cerei were probably employed as the moccoli now 
are on the last night of the Carnival ; and lastly, 
one of the amusements in private society was the 
election of a mock king (Tacit. Ann. xiii. 15; 
Arrian, l>i*$. Epirtrt. i. 25; Lucian. .Saturn. 4), 
which at once calls to recollection the characteristic 
ceremony of Twelfth-night. 

Saturnui being an ancient national god of 1. 1 
tium, the institution of the Saturnalia is lost in the 
most remote antiquity. In one legend it was as- 
cribed to Janus, who, after the sudden disappear- 
ance of his guest and liencfactor from the aliodes 
of men, reared an altar to him, as a deity, in the 
forum, and ordained annual sacrifices ; in another, 
as related by Varro, it was attributed to the wan- 
dering Pclasgi, upon their first settlement in Italy, 



and Hercules, on his return from Spain, was said 
to have reformed the worship, and abolished the 
practice of immolating human victims ; while a 
third tradition represented certain followers of the 
last named hero, whom he had left behind on his 
return to Greece, as the authors of the Saturnalia. 
(Macrob. Sat. i. 7.) Records approaching more 
nearly to history referred the erection of temples 
and altars, and the first celebration of the festival, 
to epochs comparatively recent, to the reign of 
Tatius (Dionys. ii. 50), of Tullus Hostilius (Dio- 
nys. iii. 32 ; Macrob. Sat. i. 8), of Tarquinius 
Superbus (Dionys. vi. 1 ; Macrob. /. c), to the 
consulship of A. Sempronius and M. Minucius, 
B. c 497, or to that of T. Larcius in the preceding 
year. (Dionys. vi. 1 ; Liv. ii. 21.) These conflict- 
ing statements may be easily reconciled, by sup- 
posing that the appointed ceremonies were in these 
nide ages neglected from time to time, or corrupted, 
and again at different periods revived, purified, 
extended, and performed with fresh splendour and 
greater regularitv. (Compare Liv. xxiii. 1. sub 
fin.) 

During the republic, although the whole month 
of December was considered as dedicated to Sa- 
turn (Macrob. i. 7), only one day, the xiv. Kal. 
Jan. was set apart for the sacred rites of the divi- 
nity : when the month was lengthened by the ad- 
dition of two days upon the adoption of the Julian 
Calendar, the Saturnalia fell on the XVL Kal. Jan., 
which gave rise to confusion and mistakes among 
the more ignorant portion of the people. To ob- 
viate this inconvenience, and allay all religious 
scruples, Augustus enacted that three whole days, 
the 17th, 18th, and 19th of December, should in 
all time coming be hallowed, thus embracing both 
the old and new style. (Macrob. i. 10.) A fourth 
day was added, we know not when or by whom, 
and a fifth, with the title Juvenalis, by Caligula 
(Dion Cass. lix. 6; Sueton. Cat. 17), an arrange- 
ment which, after it had fallen into disuse for some 
vars, was restored and confirmed by Claudius. 
(Dion Cass. Ix. 2.) 

Hut although, strictly speaking, one day only, 
during the republic, was consecrated to religious 
observances, the festivities were spread over a 
much longer space. Thus while Livy speaks of 
the first day of the Saturnalia (Satumulibus primis, 
Liv. xxx. 36), Cicero mentions the second and 
third ( v .ttnitis Salnrnalibus, ail Alt. XV. 32 ; .Satur- 
iKihlms Irrtii.-, ml Alt. v. 20); and it would seem 
that the merry-making lasted during seven days, 
for Novius, the writer of Atellanae, employed the 
expression leptem Saturnalia, a phrase copied in 
later times by Memmius (Macrob. i. 10), and 
ST £X] Martial speaks of Saturni fejitrm die» (xiv. 
72;, although in many other passages he alludes 
to the five days observed in accordance with the 
edicts of Caligula and Claudius (ii. 89, xiv. 79, 
111). In r. ality, under the empire, three different 
festivals were celebrated during the period of seven 
days. First came the Saturnalia proper, com- 
mencing on xvi. Kal. Dec, followed by the Opdtilt. 
anciently coincident with tin- Saturnalia (Macrob. 
i. 10), on xiv. Kal. Jan. ; these two together 
lasted for five days, and the sixth and seventh 
were occupied with the Sigilluria, so called from 
little earthenware figures (rigilta, ntcilla) exposed 
for sale at this season, and given as toys to chil- 
dren. [ W. R.] 

SCALA Ii («A(/ia(), a ladder. The general con- 
3 V 



1010 



SCALPTURA. 



SCALPTURA. 



straction and use of ladders was the same among 
the ancients as in modern times, and therefore re- 
quires no explanation, with the exception of those 
used in besieging a fortified place and in making 
an assault upon it. The ladders were erected 
against the walls (admovere, ponere, apponere, or 
erigere scalas), and the besiegers ascended them 
under showers of darts and stones thrown upon 
them by the besieged. (Sallust. Jug. 6, 64 ; Caes. 
de Bell. Civ. i. 28, 63 ; Tacit. Hist. iv. 29, &c. ; 
Veget. de Re Milit. iv. 21 ; Polyb. ix. 18.) Some 
of these ladders were formed like our common 
ones ; others consisted of several parts (KAipaices 
wriKTal or S(ciAutcu) whicli might be put together 
so as to form one large ladder, and were taken to 
pieces when they were not used. Sometimes also 
they were made of ropes or leather with large iron 
hooks at the top, by which they were fastened to 
the walls to be ascended. The ladders made 
wholly of leather consisted of tubes sowed up air- 
tight, and when they were wanted, these tubes 
were filled with air. (Heron, c. 2.) Heron also 
mentions a ladder which was constructed in such a 
manner, that it might be erected with a man 
standing on the top, whose object was to observe 
what was going on in the besieged town. (Heron, 
c. 12.) Others again were provided at the top 
with a small bridge, which might be let down 
upon the wall. (Heron, 19.) In ships small lad- 
ders or steps were likewise used for the purpose of 
ascending into or descending from them. (Virg. 
Aen. x. 654 ; Heron, e. 11.) 

In the houses of the Romans the name Scalae 
was applied to the stairs or staircase, leading from 
the lower to the upper parts of a house. The 
steps were either of wood or stone, and, as in mo- 
dern times, fixed on one side in the wall. (Vitruv. 

ix. I.- § 7, &c.) It appears that the staircases in 
Roman houses were as dark as those of old houses 
in modern times, for it is very often mentioned, 
that a person concealed himself in scalis or in sca- 
larum tenebris (Cic. pro Mil. IS, Philip, ii. 9 ; 
Horat. Epist. ii. 2. IS), and passages like these 
need not be interpreted, as some commentators 
have done, by the supposition that in scalis is the 
same as sub scalis. The Roman houses had two 
kinds of staircases : the one were the common 
scalae, which were open on one side ; the others 
were called scalae Graecae or KAifiaKts, which were 
closed on both sides. Massurius Sabinus (pp. Gell. 

x. IS. § 29) states, that the Flaminica was not al- 
lowed to ascend higher than three steps on a com- 
mon scala, but that she might make use of a climax 
like every other person, as here she was concealed 
when going up. (Serv. ad Aen. iv. 664.) [L. S.] 

SCALPTU'RA or SCULPTU'RA. There are 
two different forms of this word both in Greek 
and Latin, viz. scalpo, scalptura, and seulpo, sculp- 
iura (in Greek yhdcpw and yhv(pu), and there is 
much doubt respecting their precise meaning. The 
original meaning, common to them, is undoubtedly 
the cutting figures out of a solid material. The 
general opinion is, that both scalpo and seulpo, with 
their derivatives, signify the same thing, only dif- 
ferent in degree of perfection, so that scalptura 
would signify a coarse or rude, sculpiura an elabo- 
rate and perfect engraving. This opinion is chiefly 
based upon the following passages : Horat. Sat. ii. 
3. 22 ; Ovid, Met. x. 248 ; Vitruv. iv. 6. (Com- 
pare the commentators on Suet. Galb. \ 0.) Others 
again believe that scalpo (y\a<\>o>) signifies to cut 



figures into the material (intaglio), and seulpo 
(y\v<poi) to produce raised figures, as in cameos. 
But it is very doubtful whether the ancients them- 
selves made or observed such a distinction. From 
the passages in which the words occur, both in 
Greek and Latin writers, it seems that, in their 
widest sense, they were used, almost indifferently, 
for what we call sculpture, in its various forms, in 
wood, marble, ivory, or other materials, more par- 
ticularly for reliefs, for carving, that is, the exe- 
cution of small works by cutting, and for engraving 
precious stones ; but, of these senses, the last was 
the most specific and usual ; the first, in which 
modern writers use the word sculpture, was the 
most unusual. [Statuaria.] (See the Greek 
and Latin Lexicons). 

It may be expedient, however, in accordance 
with the above distinction to divide the art into two 
departments : 1. the art of cutting figures into the 
material (intaglios), which was chiefly applied to 
producing seals and matrices for the mints ; and 2. 
the art of producing raised figures (cameos), which 
served for the most part as ornaments. 

The former of these two branches was much 
more extensively practised among the ancients 
than in modern times, which arose chiefly from 
the general custom of every free man wearing a 
seal-ring. [Annulus.J The first engravings in 
metal or stone, which served as seals, were simple 
and rude signs without any meaning, sometimes 
merely consisting of a round or square hole. (Meyer, 
Kunstgcsddchte, i. 10.) In the second stage of the 
art, certain symbolical or conventional forms, as in 
the worship of the gods, were introduced, until at 
last, about the age of Pheidias and Praxiteles, this, 
like the other branches of the fine arts, had com- 
pleted its free and unrestrained career of develope- 
ment, and was carried to such a degree of perfec- 
tion that, in the beauty of design as well as of exe- 
cution, the works of the ancients remain unrivalled 
down to the present day. But few of the names 
of the artists, who excelled in this art, have 
come down to us. Some intaglios, as well as 
cameos, have a name engraved upon them, but it 
is in many cases more probable that such are the 
name3 of the owners than of the artists. The first 
artist who is mentioned as an engraver of stones is 
Theodoras, the son of Telecles, the Samian, who 
engraved the stone in the ring of Polycrates. 
(Herod, iii.' 41.) The most celebrated among 
them was Pyrgoteles, who engraved the seal-rings 
for Alexander the Great. (Winckelmann, vi. p. 
107, &c. ; see the articles in the Diet, of Biog.) 
The art continued for a long time after Pyrgoteles 
in a very high state of perfection, and it appears 
to have been applied about this period to orna- 
mental works. For several of the successors of 
Alexander and other wealthy persons adopted the 
custom, which was and is still very prevalent in 
the East, of adorning their gold and silver vessels, 
craters, candelabras, and the like, with precious 
stones on which raised figures (cameos) were 
worked. (Ath. xi. p. 781 ; Cic. c. Verr. ii. 4. 27, 
&c.) Among the same class of ornamental works 
we may reckon such vessels and paterae as con- 
sisted of one stone, upon which there was in many 
cases a whole series of raised figures of the most 
exquisite workmanship. (Appian. Mithrid. 115; 
Cic. I. c. ; Plin. H. N. xxxvii. 3.) The art was in 
a particularly flourishing state at Rome under Au- 
gustus and his successors, in the hands of Dioscu- 



SCEPTBUM. 



SCHOLA. 



1011 



rides and other artists, many of whose works are 
still preserved. Respecting the various precious 
and other stones which the ancient artists used in 
these works, see Miiller, Arc/idol. § 313. 

As regards the technical part of the art of work- 
ing in precious stones, we only know the following 
particulars. The stone was first polished by the 
politor, and received either a plane or convex sur- 
face ; the latter was especially preferred, when the 
stone was intended to serve as a seal. The scalptor 
himself used iron or steel instruments moistened 
with oil, and sometimes also a diamond framed in 
iron. These metal instruments were either sharp 
and pointed, or round. The ancients understood 
the use of diamond dust in this work. (Plin. //. X. 
xxxvii. 76 ; Miiller, Arclt. § 314. 2.) The stones 
which were destined to be framed in rings, as 
well as those which were to be inlaid in gold or 
silver vessels, then passed from the hands of the 
scalptor into those of the goldsmith (annulurius, 
compositor). 

Numerous specimens of intaglios and cameos 
are still preserved in the various museums of Eu- 
rope, and are described in numerous works. For 
the literature of the subject, and an account of these 
gems and their engravers, see Winckclmann, 
Oesch. d. Kunst, and other works ; Miiller, Ar- 
chdol. § 315, &c. ; and Kaoul-Rochette, Lettre a 
At. Schorn, 2d ed. [L.S.] 

SCALPTURATUM. [Domcs, p. 431, a.] 

SCAMNUM,<tim. SCABELLUM,a step which 
was placed before the beds of the ancients in order 
to assist persons in getting into them, as some 
were very high : others which were lower required 
also lower steps, which were called scahella. ( Varro, 
de Ling. Lai. v. 168 ; Isidor. xx. 11 ; Ovid, Ars 
Am. ii. 211.) A scamnum was sometimes also 
used as a foot-stool. (Ovid, Ar. Am. i. 162.) A 
scamnum extended in length becomes a bench, 
and in this sense the word is frequently used. 
The early Romans, before couches were introduced 
among them, used to sit upon benches (scamna) 
before the hearth when they took their meals. 
(Ovid. Fast. vi. 305.) The benches in ships were 
also sometimes called scamna. In the technical 
language of the agrimensorcs a scamnum was a 
field which was broader than it was long, and one 
that was longer than broad was called strign. 
(Varii Anctor. Rei Agr. pp. 46, 1 25, 1 98, ed. Goes.) 
In the language of the Roman peasantry a scam- 
ntini was a large clod of earth which had not been 
broken by the plough. (Colum. ii. 2.) [L. S.J 

SCA I'll A. [Navis, p. 786, a.] 

SCAPHEPHO RIA. | lIvLKi.uiioiii.v.] 

SCENA. [Thkatrum.J 

SCEPTRUM is a latinised form of the Greek 
OKT)irTpov, which originally denoted a simple staff 
or walking-stick. (Horn. //. xviiL 416 ; Aeschyl. 
Agam. 74 ; II' rod. i. 195.) The corresponding 
Latin term is scipio, springing from the same root 
and having the same signification, but of less fre- 
quent occurrence. 

As the staff was used not merely to support the 
steps of the aged and infirm, but as a wca|>on of 
defence and assault, the privilege of habitually car- 
rying it became emblematic of station and autho- 
rity. The straight staves which are held by two 
of the four sitting figures in the woodcut at p. 98, 
while a third holds the curved staff, or Lituum, in- 
dicate no less than their attitude nnd position, that 
they arc exercising judicial functions. In ancient 



authors the sceptre is represented as belonging 
more especially to kings, princes, and leaders of 
tribes (Horn. ii. 186, 199, 265, 268, 279, xviii. 
557, Od. ii. 37, 80, iii. 412) : but it is also borne 
by judges (Horn. Od. xi. 568), by heralds (//. iii. 
218, vii. 277, xviii. 505), and by priests and 
seers. (Horn. II. i. 15, Od. xL 91 ; Aeschyl. Agam. 
1236.) It was more especially characteristic of 
Asiatic manners, so that among the Persians whole 
classes of those who held high rank and were in- 
vested with authority, including eunuchs, were 
distinguished as the sceptre-bearing classes (al 
<TKT)irTovxot, Xen. Cyr. vii. 3. § 17, viii. 1. § 38, 
3. § 15). The sceptre descended from father to 
son (Horn. 11. ii. 46, 100—109), and might be 
committed to any one in order to express the 
transfer of authority. (Herod, vii. 52.) Those 
who bore the sceptre swore by it (Horn. //. i. 234 
— 239), solemnly taking it in the right hand and 
raising it towards heaven. (Horn. II. vii. 412, x. 
321, 328.) 

The original wooden staff, in consequence of its 
application to the uses now described, received a 




variety of ornaments or emblems. It early became 
a truncheon, pierced with golden or silver studs. 
(//. i. 246, ii. 46.) It was enriched with gems 
(Ovid. Met. iii. 264), and made of precious metals 
or of ivory (i- 178, Fast. vi. 38.) The annexed 
woodcut, taken from one of Sir Win. Hamilton's 
fictile vases, and representing Aeneas followed by 
Ascanius and carrying off his father Anchises, who 
holds the sceptre in his right hand, shows its form as 
worn by kings. The ivory sceptre (rimrncus scipio, 
Val. Max. iv. 4. § 5) of the kings of Rome, which 
descended to the consuls, was surmounted by nn 
eagle. (Virg. Am. xi. 238 ; Scrv. ad Inc.; Juv. x. 
il j Isid. Orig. xviii. 2.) | I ' . Jupiter 
and Juno, as sovereigns of the gods, were repre- 
sented with a sceptre. (Ovid, //. cc.) [J. Y.] 

SCHOKNTS (4, v, axoivos I, literally, a rope 
of rushes, an Egyptian and Pcrninn itinerary and 
land measure (Herod, i. 6b). Its length is stated 
\>\ Herodotus .-. 6, fl) .a 60 stadia, i.r '-' para- 
sangs ; by Emtosthenes at 40 stadia, and by others 
at $9 U 30. (Plin. //. A', v. 9. s. 10, xii. 14. s. 30.) 
.Stralin and Pliny both state that the schoenus 
varied in ditTcrcnt parts of Egypt and Persia. 
(Stnbo, p. 803 ; Plin. //. A r . vi. 26. s. 30 ; comp 
Athen. iii. p. l_'2.n.) [P S.] 

SUIOI.A [Hai.nkae, p. 189, b.J 
3 i 2 



1012 SCRIPTURA. 



SCUTUM. 



SCIADEPHO'RIA. [Hydriaphoria.] 
SCIOTHE'RICUM. [Horologium.] 
SCI'PIO. [Sceptrum.] 
SCIRI'TAE. [Exercitus, p. 485, b.] 

SCO'RPIO. [TORMENTUM.] 

SCRIBAE. The Scribae at Rome were public 
notaries or clerks, in the pay of the state. They 
were chiefly employed in making up the public 
accounts, copying out laws, and recording the pro- 
ceedings of the different functionaries of the state. 
The phrase scriptum facere (Liv. ix. 46 ; Gellius, 
vi. 9) was used to denote their occupation. Being 
very numerous, they were divided into companies 
or classes (decuriae), and were assigned by lot to 
different magistrates, whence they were named 
Quaestorii, Aedilicii, or Praetorii, from the officers 
of state to whom they were attached. (Cic. Verr. 
iii. 79,c.Cat. iv. 7, pro Cluent. 45 ; Plin. H. N. 
xxvi. 1. s. 3.) We also read of a Navalis Scriba, 
whose occupation was of a very inferior order. 
(Festus, s. v. Navalis.) The appointment to the 
office of a scriba seems to have been either made 
on the nominatio of the magistrate, or purchased. 
Thus Livy (xl. 29) tells us that a scriba was ap- 
pointed by a quaestor : and we meet with the 
phrase decuriam emere to " purchase a company,'' 
i. e. to buy a clerk's place. Horace, for instance, 
bought for himself a " patent place as clerk in the 
treasury " (scriptum quaestorium comparavit, Tate's 
Horace, ed. i. p. 58). In Cicero's time, indeed, it 
seems that any one might become a scriba or 
public clerk, by purchase (Cic. Verr. iii. 79), and 
consequently, as freedmen and their sons were eli- 
gible, and constituted a great portion of the public 
clerks at Rome (Tacit. Ann. xiii. 27), the office 
was not highly esteemed, though frequently held 
by ingenui or freebom citizens. Cicero (I. c.) 
however informs us that the Scribae formed a re- 
spectable class of men, but he thinks it necessary 
to assign a reason for calling them such, as if he 
were conscious that he was combating a popular 
prejudice. Very few instances are recorded of the 
Scribae being raised to the higher dignities of the 
state : Cn. Flavius, the scribe of Ap. Claudius, was 
raised to the office of curule aedile in gratitude 
for his making public the various forms of actions, 
which had previously been the exclusive property 
of the patricians [Actio], but the returning of- 
ficer refused to acquiesce in his election till he had 
given up his books (tabnlas posuit) and left his 
profession. (Gellius, I. c.) The private secreta- 
ries of individuals were called Librarii, and some- 
times Scribae ab epistolis. In ancient times, as 
Festus (s. v.) informs us, scriba was used for a poet. 
(Ernesti, Clavis Ciceron. s.v. ; Gottling, Gesch. der 
Rom. Staatsverf. p. 374.) [R. W.] 

SCRI'NIUM. [Capsa.] 

SCRIPLUM. [Scrupulum.] 

SCRIPTA DUO'DECIM. [Latrunculi.] 

SCRIPTU'RA was that part of the revenue of 
the Roman republic which was derived from letting 
out those portions of the ager publicus which were 
not or could not be taken into cultivation as pas- 
ture land. (Fest. s. v. Saltum.) The name for 
such parts of the ager publicus was : pascua pub- 
lica, saltus, or silvae. They were let by the cen- 
sors to the publicani, like all other vectigalia ; and 
the persons who sent their cattle to graze on such 
public pastures had to pay a certain tax or duty to 
the publicani, which of course varied according to 
the number and quality of the cattle which they 



kept upon them. To how much this duty amounted 
is nowhere stated, but the revenue which the state 
derived from it appears to have been very con- 
siderable. The publicani had to keep the lists of 
the persons who sent their cattle upon the public 
pastures, together with the number and quality of 
the cattle. From this registering (scribere) the 
dut}' itself was called scriptura, the public pasture 
land ager scripturarius (Fest. s. v. Scripturarius 
ager), and the publicani or their agents who raised 
the tax, scripturarii. Cattle, not registered by the 
publicani, were called pecudes inscriptae, and those 
who sent such cattle upon the public pasture were 
punished according to the lex censoria (Varro, de 
Re Rust. ii. 1), and the cattle was taken by the 
publicani and forfeited. (Plaut. Trucul. i. 2. 42, 
&c.) The lexThoria (Appian, de Bell. Civ. i.27; 
Cic. Brut. 36) did away with the scriptura in 
Italy, where the public pastures were very numer- 
ous and extensive, especially in Apulia (Varro, de 
Re Rust. I. c. ; Liv. xxxix. 29), and the lands 
themselves were now sold or distributed. In the 
provinces, where the public pastures were also let 
out in the same manner (Cic. c. Verr. ii. 2, 3, pro 
Leg. Man. 6, ad Fam. xiii. 65 ; Plin. H. N. xix. 
15), the practice continued until the time of the 
empire ; but afterwards the scriptura is no longer 
mentioned. (Compare Niebuhr, Hist, of Rome, 
vol. iii. p. 1 5, &c. ; Burmann, Vectig. Pop. Rom. 
c 4.) [L. S.] 

SCRU'PULUM, or more properly Scripulum 
or Scriplum (yodfi/ia), the smallest denomination 
of weight among the Romans. It was the 24th 
part of the Uncia, or the 288th of the Libra, 
and therefore about 18 grains English, which is 
about the average weight of the scrupular aurei 
still in existence. [Aurum.] 

As a square measure, it was the smallest division 
of the Jugerum, which contained 288 scrupula. 
[Jugerum.] Pliny (H.N. ii. 7) uses the word 
to denote small divisions of a degree. It was in 
fact to be applicable, according to the use of the 
As and its parts, to the 288th part of any unit. 

Though the scrupulum was the smallest weight 
in common use, we find divisions of it sometimes 
mentioned, as the obolus = ^ of a scruple, the semi- 
obolus = £ of an obolus, and the siliqua = ^ of an 
obolus, =i of a scrapie, which is thus shown to 
have been originally the weight of a certain num- 
ber of seeds; (Priscian. de Pond. v. 8— 13 : — 

" Semioboli 'duplum est obolus, quem pondere 
duplo 

Gramma vocant, scriplum nostri dixere priores. 
Semina sex alii siliquis latitantia curvis 
Attribuunt scriplo, lentisve grana bis octo, 
Aut totidem speltas numerant, tristesve lupinos 
Bis duo.") [P. S.] 

SCULPTURA. [Scalptura.] 

SCU'TICA. [Flagrum.] 

SCUTUM (8>vpe6s), the Roman shield, worn 
by the heavy-armed infantry, instead of being 
round like the Greek Clipeus, was adapted to the 
form of the human body, by being made either 
oval or of the shape of a door (Sivpa) which it also 
resembled in being made of wood or wicker-work, 
and from which consequently its Greek name was 
derived. Two of its forms are shown in the wood- 
cut at p. 711. That which is here exhibited is 
also of frequent occurrence, and is given on the 
same authority : in this case the shield is curved 



SCYTALE. 



SECTIO. 



1013 



so as in part to encircle the body. The terms 
clipeus and scutum are often confounded ; but that 
they properly denoted different kinds of shields is 
manifest from the passages of several ancient writers. 
(Liv. viii. 8 ; Plut. Rom. 21 ; Diod. Eclog. xxiii. 3.) 
In like manner Plutarch distinguishes the Roman 
Hvpe6s from the Greek aamt in his life of T. Fla- 




minius (p. 688, ed. Steph.) In Eph. vi. 16 St. Paul 
uses the term dupe<Sr rather than hucntU or acucds, 
because he is describing the equipment of a Roman 
soldier. These Roman shields are called scuta 
I, uft i. (Virg. Aen. viii. 662 ; Ovid. Fast. vi. 393 ; 
dvptolt ^iri^KtiT, Joseph. Ant. Jud. viii. 7. § 2.) 
Poiybius (vi. 21) says their dimensions were 4 feet 
by 2J. The shield was held on the left arm by 
means of a handle, and covered the left shoulder. 
[Cnmp. Exercitls, p. 496, b.] [J. Y.] 

SCY'RIA DIKE (aKvpia SUri) is thus ex- 
plained by Pollux : Sicupi'ov thcif dvoudfauatv o't 
K<uj,<p5o!i5o<T»caAoi T7jv rpaxdav ol yap <pvyo$i- 
Knvm-fs i o ktjtttovto els Xnvpov fi lis Arinvov airo- 
87)^«Ic. Byrp a X f ' a SiVnj is meant one beset with 
difficulties, in which the plaintiff had to encounter 
every sort of trickery and evasion on the part of 
the defendant On the appointed day of trial both 
parties were required to be present in court, and if 
either of them did not appear, judtrment was pro- 
nounced against him, unless he had some good 
excuse to offer, such as illness or inevitable absence 
abroad. Cause was shown by some friend on his 
behalf, supported by an affidavit called inruuooia, 
in answer to which the opponent was allowed to 
put in a counter affidavit (ivBinrwftoaia), and the 
court decided whether the excuse was valid. It 
seems to have become a practice with persons who 
wished to put off or shirk a trial, to pretend that 
they bad gone to some island in the Aegean sea, 
cither on business or on the public sen-ice ; and 
the isles of Scyrus (one of the Cyclades), Lcmnos, 
and Imbnis were particularly selected for that 
purpose. Shammers of this kind were therefore 
nicknamed Eemnians and Imbrians. (Pollux, viii. 
60,81; KUhn, (i/t Inc. ; Suidas, i. u. "invpiav liicnv : 
Hcsych.s. D.'I/iffp'oi; Steph. Themur. 11484. c.n. r. 
2nupoi : Demosth. <•. Dli/mpiod. 1 174 ; Meier, Ml. 
/Voe. Dt ')'">. ) [C. R. K.) 

SCYTALE (itki/toAt)) is the name applied to 
a secret mode of writing by which the Spartan 
ephors communicated with their kings and generals 
when abroad. (Pint. Lytand. 19; Schol.ovrf Thucyl. 
i. 131 ; Suidas, i. r.) When a king or general 



left Sparta, the ephors gave to him a staff of a defi- 
nite length and thickness, and retained for them- 
selves another of precisely the same size. When 
they had any communicaton to make to him, they 
cut the material upon which they intended to 
write into the shape of a narrow riband, wound it 
round their staff, and then wrote upon it the mes- 
sage which they had to send to him. When the 
strip of writing material was taken from the staff, 
nothing but single or broken letters appeared, and 
in this state the strip was sent to the general, who 
after having wound it around his staff, was able to 
read the communication. This rude and imperfect 
mode of sending a secret message must have come 
down from early times, although no instance of it 
is recorded previous to the time of Pausanias. 
(Com. Nep. Paus. 3.) In later times, the Spartans 
used the scytale sometimes also as a medium through 
which they sent their commands to subject and al- 
lied towns. (Xenoph. Hell. v. 2. § 37.) [L. S.] 
SCYTIIAE (2Kr^a.\ [Demomi.] 
SECE'SPITA, an instrument used by the Ro- 
man priests in killing the victims at sacrifices. 
(Suet. Tib. 25.) According to the definition of 
Antistius Labeo, preserved by Festus (p. 348, ed. 
Miiller) and Servius (ad Virg. Aen. iv. 262), it 
was a long iron knife (culler) with an ivory handle, 
used by the Flamines, Flaminicae Virgines, and 
Pontifices. Paulus, however, in his epitome of 
Festus (p. 336) says that some think it to be an 
axe (securU), others a dolabra, and others again a 
knife (culler). On Roman coins representing sacri- 
ficial emblems we see an axe, which modern writers 
call a secespita, though we do not know on what 
authority, except the doubtful statement of Paulus. 
Sec the annexed coin of the Sulpicia Gens, the 
obverse of which is supposed to represent a culter, 
a simpuvium, and a secespita. 




SECRET A'RIUM. [Auditorium.] 
SE'CTIO. " Those are called Sectorcs who buy 
property puljice." (Gaius, iv. 146; Festus, s. r. 
Sectores.) Property was said to be sold puhlice 
(venire pulAice), when a man's property was sold 
by the state in consequence of a condemnatio and 
for the purpose of repayment to the Suite of such 
sums of money as the condemned person had im- 
properly appropriated ; or in consequence of a pro- 
scriptio. (far. xxxviii. 60 ; Cic. is Vcrr. i. 20.) 
Such a sale of all a man's property was a Sectio 
(Cic. pro Hoscio Anu-r. 36, 43, &c.) ; and some- 
times the things sold were allied Sectio. (Tacit 
llitt. i. 90.) The sale was effected by the Praetor 
giving to the (Quaestors the ISoiionim Possessio, in 
reference to which the phrase " bona publice pos- 
sideri " is used. The property WSJ sold sub husta 
and the sale transferred (^uiriuirian ownership, to 
which Gaius probably alludes in a mutilated pas- 
sage (iii. 80 ; compare Varro, <!•■ He Hunt. ii. 10. 
s. 4 ; Tacit. Hid. i. 20). The Sector was intitled 
to the Interdiction Sectorium f->r the purpose of 
obtaining possession of the property (Gaius, iv. 
I 16) ; but he took the property uilh all its liabi- 
lities. An hcrcditas that had fallen to the Fiscus 
8 t 3 



1014 SEISACHTHEIA. 



SELLA. 



was sold iv this way, and the Sector acquired the 
hereditatis petitio. [Praeda.] [G. L.] 

SECTOR. [Sbctio.] 

SECTO'RIUM INTERDICTUM. [Inter- 
dictum ; Sectio.] 

SECU'RIS, dim. SECURICULA (h£Lvv, 
XeKvs), an axe or hatchet. The axe was either 
made with a single edge, or with a blade or head 
on each side of the haft, the latter kind being de- 
nominated bipennis (ireA€/cus diaro/Aos, or aix<pi<yri- 
/J.0S, Agathias, Hist. ii. 5. pp. 73, 74). As the axe 
was not only an instrument of constant use in the 
hands of the carpenter and the husbandman, but 
was moreover one of the earliest weapons of attack 
(Horn. II. xv. 711 ; Suet. Galba, 18), a constituent 
portion of the Roman fasces, and a part of the ap • 
paratus when animals were slain in sacrifice, we 
find it continually recurring under a great variety 
of forms upon coins, gems, and bas-reliefs. In the 
woodcut to the article Sceptrum, the young As- 
canius holds a battle-axe in his hand. Also real 
axe-heads, both of stone and metal, are to be seen 
in many collections of antiquities. Besides being 
made of bronze and iron, and more rarely of silver 
(Virg. Aen. v. 307 ; Wilkinson, Man. and Cust. of 
Egypt, vol. i. p. 324), axe-heads have from the 
earliest times and among all nations been made of 
stone. They are often found in sepulchral tumuli, 
and are arranged in our museums together with 
chisels, both of stone and of bronze, under the name 
of celts [ Dolabra]. 

The prevalent use of the axe on the field of 
battle was generally characteristic of the Asiatic 
nations (Curt. iii. 4), whose troops are therefore 
called securigerae catenae. (Val. Flacc. Argon, v. 
138.) As usual, we find the Asiatic custom pro- 
pagating itself over the north of Europe. The bi- 
pennis and the spear were the chief weapons of the 
Franks. (Agathias, I. c.) [J. Y.] 

SECUTO'RES. [Gladiatores, p. 576, a.] 

SEISACHTHEIA (owa X 0e(a), a disburden- 
ing ordinance, was the first and preliminary step in 
the legislation of Solon. (Plut. Sol. IS ; Diog. 
Laert. i. 45.) The real nature of this measure 
was a subject of doubt even among the ancients 
themselves, for while some state that Solon thereby 
cancelled all debts, others describe it as a mere re- 
duction of the rate of interest. But from the 
various accounts in Plutarch and the grammarians 
it seems to be clear that the o-eiaax&eia consisted 
of four distinct measures. The first of these was 
the reduction of the rate of interest, and if this 
was, as it appears, retrospective, it would naturally 
in many cases wipe off a considerable part of the 
debt. The second part of the measure consisted 
in lowering the standard of the silver coinage, that 
is, Solon made 73 old drachmas to be worth 100 
new ones ; so that the debtor, in paying off his 
debt, gained rather more than one fourth. Bdckh 
(Publ. Econ. p. 16) supposes that it was Solon's 
intention to lower the standard of the coinage only 
by one fourth, that is, to make 75 old drachmas 
equal to 100 new ones, but that the new coin 
proved to be lighter than he had expected. The 
third part consisted in the release of mortgaged 
lands from their incumbrances and the restoration 
of them to their owners as full property. How 
this was effected is not clear. Lastly, Solon 
abolished the law which gave to the creditor a 
right to the person of his insolvent debtor, and he 
restored to their full liberty those who had been 



enslaved for debt. For further information on this 
measure, see Diet, of Biogr. art. Solon, 

This great measure, when carried into effect, 
gave general satisfaction, for it conferred the great- 
est benefits upon the poor, without depriving the 
rich of too much, and the Athenians expressed their 
thankfulness by a public sacrifice, which they called 
o-eicraxfleia, and by appointing Solon to legislate 
for them with unlimited power. (Plut. Sol. 16 ; 
compare Suidas, Hesych. Etym. Mag. s. v. ; Cic. 
de Re Publ. ii. 34 ; Wachsmuth, Hellen. Alt. vol. 
i. p. 472.) [L. S.] 

SELIQUASTRUM. [Sella, No. IV.] 

SELLA. The general term for a seat or chair 
of any description. The varieties most deserving 
of notice are : — 

I. Sella Curulis, the chair of state. Curulis 
is derived by the ancient writers from eurrus (Aul. 
Gell. iii. 18; Festus, s. v. Curules ; Servius, ad 
Virg. Aen. xi. 334 ; Isidor. xx. 11. § 11) ; but it 
is more probably connected with curcus. The sella 
curulis is said to have been used at Rome from a 
very remote period as an emblem of kingly power 
(hence curuli regia sella adornavit, Liv. i. 20), having 
been imported, along with various other insignia of 
royalty, from Etruria (Liv. i. 8), according to one 
account by Tullus Hostilius (Macrob. Sat. i. 6) ; ac- 
cording to another by the elder Tarquinius (Fior. 

i. 5) ; while Silius names Vetulonii as the city 
from which it was immediately derived (viii. 487). 
Under the republic the right of sitting upon this 
chair belonged to the consuls, praetors, curule 
aediles, and censors (Liv. ii. 54,vii. 1, ix. 46, x. 7, 
xl. 45 ; Aul. Gell. vi. 9, &c.) ; to the Flamen 
Dialis (Liv. i. 20, xxvii. 8) [Flamen] ; to the 
dictator, and to those whom he deputed to act 
under himself, as the magister equitum, since he 
might be said to comprehend all magistracies 
within himself. (Dion Cass, xliii. 48 ; Liv. ii. 31 ; 
Festus, s. v. Sellae curulis). After the downfal of 
the constitution it was assigned to the emperors 
also, or to their statues in their absence (Tacit. 
Ann. xv. 29, Hist. ii. 59 ; Servius, I. c.) ; to the 
Augustales (Tacit. Ann. ii. 83), and, perhaps, to 
the praefectus urbi. (Spanheim, de Praest. et Usu 
Numism. x. 3. § 1.) It was displayed upon all 
great public occasions, especially in the circus and 
theatre (Liv. ii. 31 ; Suet. Octav. 43 ; Dion Cass, 
lviii. 4), sometimes, even after the death of the 
person to whom it belonged, a mark of special 
honour, bestowed on Marcellus, Germanicus, and 
Pertinax (Dion Cass. liii. 30, lxxiv. 4 ; Tacit. Ann. 

ii. 83, and Comm. of Lips. ; Spanheim, x. 2. § 1) ; 
and it was the seat of the praetor when he ad- 
ministered justice. (Cic. Verr. ii. 38; Val. Max. iii. 
5.| 1 ; Tacit. Ann., i. 75 ; Martial, xi. 98. 18.) 
In the provinces it was assumed by inferior magis- 
trates, when they exercised proconsular or pro- 
praetorian authority, as we infer from its ap- 
pearing along with fasces on a coin of the Gens 
Pupia, struck at Nicaea in Bithynia, and bearing 
the name AVAOC ITOVniOC TAMIAC. We find 
it occasionally exhibited on the medals of foreign 
monarchs likewise, on those of Ariobarzanes II. of 
Cappadocia, for it was the practice of the Romans 
to present a curule chair, an ivory sceptre, a toga 
praetexta, and such like ornaments, as tokens of 
respect and confidence to those rulers whose friend- 
ship they desired to cultivate. (Liv. xxx. 11, xlii. 
1 4 ; Polyb. Eocc. Leg. exxi. ; Cic. ad Fam. xv. 2 ; 
Spanheim, Ibid. x. 4.) 



SELLA. 

The sella curulis appears from the first to have I 
been ornamented with ivory, and this is commonly j 
indicated by such expressions as curule ebur ; Nu- j 
midae scu/ptile dentis ojius ; and i\a<pairr'tvos Si- 
<ppos (Hor. Ep. i. 6. 53 ; Ovid, ex Pont. iv. 9. 27); | 
at a later period it was overlaid with gold, and 
consequently we find S'appous eirtxpvvovs, dpovovs 
KaTaxpviTovs, Thy httppov tov Kexpvffwu4vov, re- 
curring constantly in Dion Cassius, who frequently, I 
however, employs the simple form Si<ppot apx'Kot. 
In shape it long remained extremely plain, closely 
resembling a common folding (plicatilis) camp stool 
with crooked legs. These last gave rise to the 
name ayicv\6irovs 5'uppoi, found in Plutarch {Ma- 
rius, 5) ; they strongly remind us of elephants' 
teeth, which they may have been intended to imi- 
tate, and the emperor Aurelian proposed to con- 
struct one in which each foot was to consist of an 
enormous tusk entire. (Vopiscus, Firm. 3.) 

The form of the sella curulis, as it is commonly 
represented upon the denarii of the Roman fa- 
milies, is inven in p. 520. In the following cut are 
represented two pair of bronze legs, belonging to 
sellae curules, preserved in the museum at Naples 
(Muaeo Horbonico, vol. TV tav. 28) ; and a sell i 
curulis, copied from the Vatican collection. 



SELLA. 



1015 




II. Riseu.h m. The word is found in no clas- 
sical author except Varro ( L. L. v. 128, ed. Mull, r), 
according to whom it means a seat large enough to 
contain two persons. We leam from various in- 
Mriptinns that the right of using a seat of this 
kind, upon public occasions, was granted as a mark 




of honour to distinguished persons by the magis- 
trates and people in provincial towns. There are 
examples of this in an inscription found at Pisa, 
which called forth the long, learned, rambling 
dissertation of Chimentelli (Graev. Thes. Antiq. 
Rom. vol. vii. p. 2030), and in two others found 
at Pompeii. (Orell. Inscr. n. 4048, 4044.) In 
another inscription we have Biselliatus Honor 
(OrelL 4043) ; in another (Orell. 4055), con- 
taining the roll of an incorporation of carpenters, 
one of the office-bearers is stvled COLLEG1 BI- 
SELLEARIUS. (Compare Orell. 4040', 4047.) 

Two brunze bisellia were discovered at Pompeii, 
and thus all uncertainty with regard to the form of 
the seat has been removed. One of these is en- 
graved above. {Mus. Iiorlon. vol. ii. tav. 31.) 

III. Sella Gestatoria (Suet.A'cr. 26, VHdL 
16 ; Amm. Marc. xxix. 2) or Eertoria (Cae- 
lius Aurelian. i. 5, ii. 1), a sedan used both in 
town and country (Tacit.^lnn. xiv. 4 ; Suet. Claud. 
25), by men (Tacit. Hist. i. 35, iii. 85 ; Juven. 
vii. 141 ; Martial, ix. 23), as well as by women. 
(Tacit. Ann. xiv. 4 ; Juv. i. 124, vi. 532 ; hence 
muHebris sella, Suet. Otho, 6.) It is expressly dis- 
tinguished from the Lectica (Suet Claud. 25 ; 
Martial, x. 10, xi. 98 ; Senec. tree. fit. 12), a 
portable bed or sofa, in which the person carried 
lay in a recumbent position, while the sella was a 
portable chair in which the occupant sat upright, 
but they are sometimes confounded, as by Martial 
(iv. 51). It differed from the cathedra also, but in 
what the difference consisted it is not easy to de- 
termine. [Cathedra.] The sella was sometimes 
entirely open, as we infer from the account given 
by Tacitus of the death of Galba {Hut. i. 35, &c), 
but more frequently shut in. (Juven. i. 126 ; Suet, 
Ner. 26, Vitell. 16, (Mho, 6.) Dion Cassius (lx. 
2) pretends that Claudius first employed the 
covered sella, but in this he is contradicted by 
Suetonius {Uctav. 53), and by himself (xlvii. 23, 
lvi. 43). It appears, however, not to have been 
introduced until long after the lectica was common, 
since we scarcely, if ever, find any allusion to it 
until the period of the empire. The sellae were 
made sometimes of plain leather, and sometimes 
ornamented with Irnne, ivory, silver (Lamprid. 
Elugab.i), or gold (Claud. Honor. Com. iv. 583), 
according to the rank or fortune of the proprietor. 
They were furnished with a pillow to support the 
head and neck {cervical, Juv. vi. 532, and Schol.), 
when made roomy the epithet laxa was applied 
(Senec. de Const. 14), when smaller than usual 
they were termed trllulae (Tacit. Hist. iii. 85) ; 
the motion wns so easy that one might study with- 
out inconvenience (Plin. Bp. iii. 5), while at the 
»amc time it afforded healthful exercise. (Senec. 
Hrrr. ril. 12 ; Galen, de Tumd. Vol. vi. 4 ; Caelius 
Aurelian. /. c.) 

IV. Ski.lab of different kinds are mentioned 
incidentally in ancient writer*, accompanied by 
epithets which serve to point out generally the 
purpose* for which they were intended. Thus we 
read of sellae balnrares, sellae tonsorine, sellae ob- 
ttrtririne, sellae J'amdtnricue v. prrtusar, and many 
other*. Both Varm ( /.. A. v. 128) nnd Kenttis 
(s. v.) hare preserved the weird selii/uattrum. The 
fumier rlo»»e* it along with srdrs, sedile, solium, 
irllur, tin- latter call* them "n.liha antiqui prne- 
ns," nnd AmobiiK includes them among common 
articles of furniture. No hint, however, is given 
by any of these authorities which could lead us to 
!! T I 



101C SENATUS. 
conjecture the shape, nor is any additional light 
thrown upon the question by Hyginus, who tells 
us, when describing the constellations, that Cassio- 
peia is seated " in siliquastro.' 1 '' 

Of chairs in ordinary use for domestic purposes, 
a great variety, many displaying great taste, have 
been discovered in excavations or are seen repre- 
sented in ancient frescoes. The first cut annexed 
represents a bronze one from the Museum at 




Naples (Mus. Borb. vol. vi. tav. 28) : the second, 
two chairs, of which the one on the right hand is 
in the Vatican and the other is taken from a paint- 
ing at Pompeii. (Mus. Borb. vol. xii. tav. 3.) A 
chair of a very beautiful form is given in the Mus. 
Borb. vol. viii. tav. 20. 




V. Sellae Equestres. [Ephippium.] [W.R.] 
SE'MATA (afoaTa). [Funus, p. 556, a.] 
SEMBELLA. [Denarius.] 
SEMENTIVAE FERIAE. [FERiA,p.530,a.] 
SEMIS, SEMISSIS. [As, p. 140, b.] 
SEMU'NCIA. [Uncia.] 
SEMUNCIA'RIUM FUNUS. [Fenus, p. 
527, b.] 

SENA'TUS. In all the republics of antiquity 
the government was divided between a senate and 
a popular assembly ; and in cases where a king 
stood at the head of affairs, as at Sparta, the 
king had little more than the executive. A se- 
nate in the early times was always regarded as 
an assembly of elders, which is in fact the meaning 
of the Roman senatus as of the Spartan yspovoia, 
and its members were elected from among the 
nobles of the nation. The number of senators 
in the ancient republics always bore a distinct re- 
lation to the number of tribes of which the nation 
was composed. [Boule, Gerusia.] Hence in 
the earliest times, when Rome consisted of only 
one tribe, its senate consisted of one hundred mem- 
bers (senatores or patres ; compare Patricii), and 
when the Sabine tribe or the Tities became united 
with the Latin tribe or the Ramnes, the number 
of senators was increased to two hundred. (Dionys. 
ii. 47 ; Plut. Rom. 20.) This number was again 
augmented by one hundred, when the third tribe 



SENATUS. 

or the Luceres became incorporated with the 
Roman state. Dionysius (iii. 67) and Livy (i. 
35) place this last event in the reign of Tar- 
quinius Priscus ; Cicero (de Re Publ. ii. 20), who 
agrees with the two historians on this point, states 
that Tarquinius doubled the number of senators, 
according to which we ought to suppose that be- 
fore Tarquinius the senate consisted only of 150 
members. This difference however may be ac- 
counted for by the supposition, that at the time of 
Tarquinius Priscus a number of seats in the senate 
had become vacant, which he filled up at the 
same time that he added 100 Luceres to the senate, 
or else that Cicero regarded the Luceres, in oppo- 
sition to the two other tribes, as a second or a new 
half of the nation, and thus incorrectly considered 
their senators likewise as the second or new half 
of that body. The new senators added by Tar- 
quinius Priscus were distinguished from those be- 
longing to the two older tribes by the appellation 
patres minorum gentium, as previously those who 
represented the Tities had been distinguished, by 
the same name, from those who represented the 
Ramnes. (Dionys. ii. 57.) Servius Tullius did 
not make any change in the composition of the 
senate ; but under Tarquinius Superbus their 
number is said to have become very much di- 
minished, as this tyrant put many to death and 
sent others into exile. This account however ap- 
pears to be greatly exaggerated, and it is a pro- 
bable supposition of Niebuhr (Hist, of Rome, i. 
p. 526), that several vacancies in the senate arose 
from many of the senators accompanying the tyrant 
into his exile. The vacancies which had thus 
arisen were filled up immediately after the estab- 
lishment of the republic, by L. Junius Brutus, 
as some writers state (Liv. ii. 1), or, according to 
Dionysius (v. 13), by Brutus and Valerius Publi- 
cola, and according to Plutarch (Publ. 11) and 
Festus (s. v. Qui patres) by Valerius Publicola 
alone. All however agree that the persons who 
were on this occasion made senators were noble 
plebeians of equestrian rank. Dionysius states, 
that the noblest of the plebeians were first raised 
to the rank of patricians, and that then the new 
senators were taken from among them. But this 
appears to be incompatible with the name by 
which they were designated. Had they been 
made patricians, they would have been patres like 
the others, whereas now the new senators are said 
to have been distinguished from the old ones by 
the name of conscripti. (Liv. ii. 1 ; Fest. s. v. Con- 
seripti and adlecti.) Hence the customary mode of 
addressing the whole senate henceforth always 
was : patres conscripti, that is, patres et conscripti. 
There is a statement that the number of these new 
senators was 164 (Plut. Publ. 11 ; Fest. s.v. Qui 
patres) ; but this, as Niebuhr has justly remarked, 
is a fabrication, perhaps of Valerius of Antium, 
which is contradicted by all subsequent history. 

Henceforth the number of 300 senators appears 
to have remained unaltered for several centuries. 
(Liv. Epit. 60.) C. Sempronius Gracchus was 
the first who attempted to make a change, but in 
what this consisted is not certain. In the epitome 
of Livy it is expressly stated, that he intended to 
add 600 equites to the number of 300 senators, 
which would have made a senate of 900 members, 
and would have given a great preponderance to the 
equites. This appears to be an absurdity. (Gdttling, 
Gesch. d. Rom. Staatsv. p 437.) Plutarch (C. 



SENATUS. 



SBNATUS. 



1017 



Gracch. 5, &c.) states, that Gracchus added to the 
senate 300 equites, whom he was allowed to select 
from the whole body of equites, and that he trans- 
ferred the judicia to this new senate of 600. This 
account seems to be founded upon a confusion of 
the lex judiciaria of C. Gracchus with the later 
one of Livius Drusus (Walter, Gesch. d. Rom. 
Rechls, p. 244), and all the other writers who men- 
tion the lex judiciaria of C. Gracchus do not allude 
to any change or increase in the number of sena- 
tors, but merely state that he transferred the judi- 
cia from the senate to the equites, who remained in 
their possession till the tribuneship of Livius Dru- 
sus. The latter proposed, that as the senate con- 
sisted of 300, an equal number of equites should 
be elected (apiarivSriv) into the senate, and that in 
future the judices should be taken from this senate 
of 600. (Appian. B. C. i. 35 ; Aurel. Vict, de Vir. 
IUustr. 66 ; Li v. Epit. 71.) After the death of 
Livius Drusus, however, this law was abolished by 
the senate itself, on whose behalf it had been pro- 
posed, and the senate now again consisted of 300 
members. During the civil war between Man us 
and Sulla many vacancies must have occurred in 
the senate. Sulla in his dictatorship not only filled 
up these vacancies, but increased the number of 
senators. All we know of this increase with cer- 
tainty is, that he caused about 300 of the most 
distinguished equites to be elected into the senate 
(Appian. B. C. i. 100), but the real increase which 
he made to the number of senators is not mentioned 
anywhere. It appears, however, henceforth to 
have consisted of between five and six hundred. 
(Cic. ad Alt. i. 14.) Julius Caesar augmented the 
number to 000, and raised to this dignity even 
common soldiers, frcedmcn, and peregrini. (Dion 
Cass, xliii. 47 ; Suet Goes. 80.) This arbitrari- 
ness in electing unworthy persons into the senate, 
and of extending its number at random, was imi- 
tated after the death of Ca-sor, for on one occasion 
there were more than one thousand senators. (Suet 
Aug.ib.) Augustus cleared the senate of the un- 
worthy members, who were contemptuously called 
by the people Orcini senatores, reduced its number 
to 600 (Dion Cass. liv. 14), and ordained that a list 
of the senators should always be exhibited to public 
inspection. (Dion Cass. I v. 3.) During the first 
centuries of the empire, this number appears, on the 
whole, to have remained the same ; but as every- 
thing depended upon the will of the emperor, we 
can scarcely expect to find a regular and fixed 
number of them. (Dion Cass. liii. 17.) During the 
latter period of the empire their number was again 
very much diminished. 

With respect to the eligibility of persons for 
the senate, as well n» to the manner in which they 
were elected, we must distinguish between the 
several periods of Roman history. It was formerly 
a common opinion, founded upon Livy (i. K) and 
Festus (#. v. Praeterili newttorci), which has in 
modern times found new supporters in Huschkc 
and Rubino, that in the early period of Roman 
history the kings appointed the members of the 
senate at their own discretion. Niebuhr and 
others after him have attempted to show that the 
popolni of Rome was the real sovereign, that all 
|Im UOWen which the kings possessed were dele- 
gated to them by the populus, and that tin- senate 
was nn assembly formed on the principle of re- 
presentation, so that it represented the populus, 
and tint its members were elected by the populus. 



Dionysius (ii. 14) also states that the senators 
were elected by the populus, but the manner in 
which he describes the election is erroneous, for 
he believes that the three tribes were already 
united when the senate consisted of only one 
hundred members, and that the senators were 
elected by the curies. Niebuhr (L p. 338) 
thinks, that each gens sent its decurio, who was 
its alderman, to represent it in the senate ; Gtit- 
tling (p. 151, comp. p. 62) on the other hand 
believes, with somewhat more probability, that 
each decury (the 5e/<os of Dionysius), which con- 
tained either a part of one or parts of several 
smaller gentes, had to appoint one old man by 
whom it was represented in the senate, and a 
younger one as eques. This supposition removes 
the difficulty respecting the decurio, which has 
been pointed out by Walter (Gesch. d. Rom. Rec/its, 

l p. 23. n. 12) ; for the decurio was the commander 

| of a division of the army, and as such could not 
well have been of the age of a senator. As, ac- 

I cording to this theory, each decury or gens ap- 
pointed one senator, each cury was represented by 
ten, each tribe by one hundred, and the whole 
populus by three hundred senators, all of whom 
held their dignity for life. But this theory cannot 
be accepted, for we must cither set nearly all 
the ancient authorities at defiance, or we must 
acquiesce in the old opinion that the king ap- 
pointed the senators. The plebeians as such 
were not represented in the senate, for the in- 
stances in which plebeians arc mentioned as being 
made senators, as in the reign of Tarquinius Pris- 
cus and after the abolition of the kingly power, 
cannot be regarded in any other light than mere 
momentary measures, which the government was 
obliged to adopt for several reasons, and without 
any intention to appoint representatives of the 
plcbes. (Niebuhr, i. p. 526, cic.) The numbers of 
such plebeian senators at any rate must have been 
much smaller than they arc stated by our authori- 
ties, for there is no instance of any plebeian sena- 
tor on record until the year 439 B. c, when Spurius 

I Maelius is mentioned as senator. The senate it- 

I self appears to have had some influence upon the 
election of new members, inasmuch as it might raise 

I objections against a person elected. (Dionys. vii. 55.) 

I The whole senate was divided into decuries, each 
of which corresponded to a curia. When the 

; senate consisted of only one hundred members, 

1 there were accordingly only ten decuries of sena- 
tors ; and ten senators, one being taken from each 
decury, formed the decern primi who represented 

I the ten curies. When subsequently the represent- 
atives of the two other tribes were admitted into 
the senate, the Rnmnes with their decern primi re- 
tained for a time their superiority over the two 
other tribes (Dionys. ii. 58, iii. 1 ; Pint A'um. 3), 
and gave their votes first (Dionys. vi. 84.) The 
first among the decern primi was the princepi 
trnnlut, who was appointed by the king (Dionys. 
ii. 12 ; Lyd. de Mem. i. Hi), and was at the same 

| time custos urbis. [Pharpwtl'n Uriii.] Respect- 
ing the nge at which n p-rsnn might bo elected 

I into the sennte during the kinulv period, we know 
no more than what is indicated by the nnme sena- 
tor itself, that is, that they were persons of nd- 
\nnred age. <<'<unp. Meeker, Bum. Ailerlh. vol. ii. 
pt ii. p. 385, &c.) 

On the establishment nf the republic the elec- 
tion of senators |>a»ed from the hands of the 



1018 



SENATUS. 



SENATUS. 



kings into those of the magistrates, the consuls, con- 
sular tribunes, and subsequently the censors. (Liv. 
ii. 1 ; Fest. s.v.Praeteriti senatores.) But the power 
of electing senators possessed by the republican 
magistrates was by no means an arbitrary power, 
for the senators were always taken from among 
those who were equites, or whom the people had 
previously invested with a magistrac}', so that in 
reality the people themselves always nominated 
the candidates for the senate. From the year 
487 B. c. the princeps senatus was no longer 
appointed for life, but became a magistrate ap- 
pointed by the curies, and the patres minorum 
gentium were likewise eligible to this dignity. 
(Niebuhr, ii. p. 119.) It moreover appears, that 
all the curule magistrates from the quaestors up- 
wards had by virtue of their office a seat in the 
senate, which they retained after the year of their 
office was over, and it was from these ex-magis- 
trates that the vacancies occurring in the senate 
were generally filled up. 

After the institution of the censorship, the cen- 
sors alone had the right to elect new members into 
the senate from among the ex-magistrates, and to 
exclude such as they deemed unworthy. (Zonar. 
■vii. 19 ; compare Cic. de Leg. iii. 12.) [Cen- 
sor.] The exclusion was effected by simply 
passing over the names and not entering them 
into the lists of senators, whence such men were 
called praeteriti senatores. (Fest. s. v.) On one 
extraordinary occasion the eldest among the ex- 
censors was invested with dictatorial power to 
elect new members into the senate. (Liv. xxiii. 
22.) The censors were thus, on the one hand, 
confined in their elections to such persons as had 
already received the confidence of the people, and 
on the other, they were expressly directed by the 
lex Ovinia tribunicia to elect " ex omni ordine op- 
timum quemque curiatim." (Fest. I. c.) This ob- 
scure lex Ovinia is referred by Niebuhr (i. p. 527) 
to the time anterior to the admission of the con- 
scripti into the senate, but it evidently belongs to 
a much later period, and was meant to be a guid- 
ance to the censors, as he himself afterwards ac- 
knowledged (ii. p. 408, n. 855 ; compare Walter, 
p. 100, n. 68). The ordo mentioned in this lex is 
the ordo senatorius, i. e. men who were eligible for 
the senate from the office they had held. (Liv. 
xxii. 49.) The expression curiatim is very difficult 
to explain ; some believe that it refers to the fact 
that the new senators were only appointed with the 
sanction of the senate itself (Dionys. vii. 55 ; Cic. 
Philip, v. 17), and in the presence of the lictors, 
who represented the curies. 

From the time that the curule magistrates had 
the right to take their seats in the senate, we must 
distinguish between two classes of senators, viz., 
real senators, or such as had been regularly raised 
to their dignity by the magistrates or the censors, 
and such as had, by virtue of the office which they 
held or had held, a right to take their seats in the 
senate and to speak ( sententiam dicerejus sententiae), 
but not to vote. (Gellius, iii. 1 8 ; Fest. s. v. Senatores.) 
To this ordo senatorius also belonged the ponti- 
fex maximus and the flamen dialis. The whole 
of these senators had, as we have stated, no right 
to vote, but when the others had voted, they might 
step over or join the one or the other party, whence 
they were called senatores pedarii, an appellation 
which had in former times been applied to those 
juniores who were not consulars. (Gell. 7. c. ; com- 



pare Niebuhr, ii. p. 114 ; Walter, p. 144, and 
more especially Becker, I.e. p. 431, &c. ; F. Hof- 
mann, Der Rom Senal, p. 19, &c.) A singular 
irregularity in electing members of the senate was 
committed by Appius Claudius Caecus, who elected 
into the senate sons of freedmen (Liv. ix. 29, 46 ; 
Aur. Vict, de Fir. Illustr. 34) ; but this conduct 
was declared illegal, and had no further conse- 
quences. 

When at length all the state offices had become 
equally accessible to the plebeians and the patri- 
cians, and when the majority of offices were held 
by the former, their number in the senate naturally 
increased in proportion. The senate had gradually 
become an assembly representing the people, as 
formerly it had represented the populus, and down 
to the last century of the republic the senatorial 
dignity was only regarded as one conferred by the 
people. (Cic. pro Sext. 65, de Leg. iii. 12, c. Verr. 
iv. 11, pro Cluent. 56.) But notwithstanding 
this apparently popular character of the senate, it 
was never a popular or democratic assembly, for 
now its members belonged to the nobiles, who 
were as aristocratic as the patricians. [No- 
biles.] The office of princeps senatus, which 
had become independent of that of praetor urbanus, 
was now given by the censors, and at first always 
to the eldest among the ex-censors (Liv. xxvii. 11), 
but afterwards to any other senator whom they 
thought most worthy, and unless there was any 
charge to be made against him, he was re-elected 
at the next lustrum. This distinction, however, 
great as it was, afforded neither power nor advan- 
tages (Zonar. vii. 19), and did not even confer the 
privilege of presiding at the meetings of the senate, 
which only belonged to those magistrates who had 
the right to convoke the senate. (Gell. xiv. 7; Cic. 
de Leg. iii. 4.) 

It has been supposed by Niebuhr (iii. p. 406), 
that a senatorial census existed at Rome at the 
commencement of the second Punic war, but the 
words of Livy (xxiv. 1 1) on which this supposition 
is founded seem to be too vague to admit of such an 
inference. GSttling (p. 346) infers from Cicero {ad 
Fam. xiii. 5), that Caesar was the first who insti- 
tuted a senatorial census, but the passage of Cicero 
is still more inconclusive than that of Livy, and 
we may safely take it for granted that during the 
whole of the republican period no such census 
existed (Pliri. H. N. xiv. 1), although senators 
naturally always belonged to the wealthiest classes. 
The institution of a census for senators belongs 
altogether to the time of the empire. Augustus 
first fixed it at 400,000 sesterces, afterwards in- 
creased it to double this sum, and at last even to 
1,200,000 sesterces. Those senators whose pro- 
perty did not amount to this sum, received grants 
from the emperor to make it up. (Suet. Aug. 41 ; 
Dion Cass. liv. 17, 26, 30, lv. 13.) Subsequently 
it seems to have become customary to remove from 
the senate those who had lost their property 
through their own prodigality and vices, if they 
did not quit it of their own accord. (Tacit. Anna}. 
ii. 48, xii. 52 ; Suet. Tib. 47.) Augustus also, 
after having cleared the senate of unworthy mem- 
bers, introduced a new and reanimating element 
into it by admitting men from the municipia, the 
colonies, and even from the provinces. (Tacit. 
Annal. iii. 55, xi. 25 ; Suet. Vesp. 9.) When 
an inhabitant of a province was honoured in this 
manner, the province was said to receive the jus 



SEX AT US. 



SEN AT US. 



1019 



senalus. Provincials who were made senators of 
course went to reside at Rome, and with the ex- 
ception of such as belonged to Sicily or to Gallia 
Narbonensis, they were not allowed to visit their 
native countries without a special permission of 
the emperor. (Tacit Annal. xii. 23 ; Dion Cass. 
liL 46, lx. 25.) In order to make Rome or Italy 
their new home, the provincial candidates for the 
senate were subsequently always expected to ac- 
quire landed property in Italy. (Plin. Epist. vi. 
1.9.) On the whole, however, the equites remained 
during the first centuries of the empire the semi- 
narium senatus, which they had also been in the 
latter period of the republic. 

As regards the age at which a person might be- 
come a senator, we have no expr.ss statement for 
the time of the republic, although it appears to 
have been fixed by some custom or law, as the 
aetas senatoria is frequently mentioned, especially 
during the latter period of the republic. But we 
may by induction discover the probable age. We 
know that according to the lex annalis of the tribune 
Villius, the age fixed for the quaestorship was 31. 
(Orelli, Onom. Tull. vol. iii. p. 133.) Now as it 
might happen that a quaestor was made a senator 
immediately after the expiration of his office, we 
may presume that the earliest age at which a man 
could become a senator was 32. Augustus at List 
fixed the senatorial age at 2.5 (Dion Cass. Iii. 20), 
which appears to have remained unaltered through- 
out the time of the empire. 

No senator wag allowed to carry on any mer- 
cantile business. About the commencement of the 
second Punic war, some senators appear to have 
violated this law or custom, and in order to pre- 
vent its recurrence a law was passed with the ve- 
hement opposition of the senate, that none of its 
members should be permitted to possess a ship of 
more than 300 amphorae in tonnage, as this was 
thought sufficiently large to convey to Rome the 
produce of their estates abroad. (Liv. xxi. 63.) It 
is clear however from Cicero (c. Verr. v. 18), 
that this law was frequently violated. 

Regular meetings of the senate (senalus Utp'ti- 
mus) to»k place during the republic, and probably 
during the kingly period also, on the calends, nones, 
and ides of every month (Cic. ad Q. Prat. ii. 13) ; 
extraordinary meetings (tenaius indictus) might be 
convoked on any other day, with the exception of 
those which were atri, and those on which comitia 
were held. (Cic. ad Q. Frai. ii. 2.) The right of 
convoking the senate during the kingly period be- 
longed to the king, or to his vicegerent, the custos 
urbis. (Dionys. ii. Ii ; PhaRFCCTUS I.' khi.) This 
right was during the republic transferred to tin- 
curulc magistrates, and at last to the tribunes also. 
Under the empire the consuls, praetors, and tri- 
bunes continued to enjoy the same privilege (Dion 
Cass. Ivi. 47, lix. 24 ; Tacit. Hut. iv. 39), al- 
though the emp<Tors also had it. (Dion Cass. liii. 
1, liv. 3.) If a senator did not appear on a day of 
IIHMIlill",. he was liable to a fine for which a pledge 
was taken (jngnurii ca/jlio) until it was paid. 
(Qelliuf, xiv. 7 ; Liv. iii. 21! ; Cic. oV ls<j. iii. 4, 
PUtip. i. 5 ; Pint. Cic. 43. ) Under the empire 
the penalty for not appearing without sufficient 
reason was increased. (Dion Cass. liv. Ill, lv. 3, 
lx. 11.) Towards the end of the republic it was 
decreed, that during the whole month of February 
IM senate should give audience to foreign ambas- 
sadors on all days on which the senato could law- 



fully meet, and that no other matters should be 
discussed until these affairs were settled. (Cic. ad 
Q. Frat. ii. 13, ad Fam. i. 4.) 

The places where the meetings of the senate 
were held (curiae, senacula) were always inaugu- 
rated by the augurs. [Templum.] The most an- 
cient place was the Curia Hostilia, in which alone 
originally a senatusconsultum could be made. Af- 
terwards however several temples were used for 
this purpose, such as the temple of Concordia, a 
place near the temple of Bellona [Lbgatus], and 
one near the porta Capena. (Fest. s. v. Senacula ; 
Varro, de Ling. Lat. v. 155, 156.) Under the em- 
perors the senate also met in other places : under 
Caesar the curia Julia, a building of immense 
splendour, was commenced ; but subsequently meet- 
ings of the senate were not unfrequently held in 
the house of a consul. 

When in the earliest times the king or the cus- 
tos urbis, after consulting the pleasure of the gods 
by auspices, had convoked the senate (senutum 
edicere, convocare), he opened the session with the 
words: " Quod bonum, laustum, felix fortunatum- 
que sit populo Romano Quiritibus," and then laid 
before the assembly (referre, relatio) what he had 
to propose. The president then called upon the 
members to discuss the matter, and when the dis- 
cussion was over, every member gave his vote. 
The majority of votes always decided a question. 
The majority was ascertained either by numeralio 
or by discessio, that is, the president either counted 
the votes (Fest. s. v. Numcra), or the members 
who voted on the same side joined together, and 
thus separated from those who voted otherwise. 
This latter method of voting appears in later times 
to have been the usual one, and, according to 
Capito (ap. Cell. xiv. 7 ), the only legitimate method. 
[Senatusconsultum.] 

The subjects laid before the senate partly be- 
longed to the internal affairs of the state, partly 
to legislation, and partly to finance ; and no mea- 
sure could be brought before the populus without 
baring previously been discussed and prepared by 
the senate. The senate was thus the medium 
through which all affairs of the whole government 
bad to pass: it considered and discussed whatever 
measures the king thought proper to introduce, 
and had, on the other hand, a perfect control over 
the assembly of the populus, which could only ac- 
cept or reject what the senate brought before it. 
When a king died, the royal dignity, until a suc- 
cessor was elected, was transferred to the decern 
primi (Liv. i. 17), each of whom in rotation held 
this dignity for five days. The candidate for the 
royal power was first decided upon by the inter- 
reges, who then proposed him to the whole senate, 
and if the senate agreed with the election, the 
intcrrcx of the day, at the command of the senate, 
proposed the candidate to the comitia and took 
their votes respecting him. (Dionys. ii. 511, iii. 36, 
iv. 40, 110 ; comp. Walter, p. 25, n. 28.) The will 
of the gods was then consulted by the augurs, and 
when the gods too sanctioned the election (Liv. i. 
I , ■ second meeting of the populus was held, in 
which tin- niiKurs announced tin- sanction of the 
gods. Ilrreu|H>n the kill); was invested with the 
powers belonging to his offll •■■ 

Under the republic the right of convoking the 
senate was at first only possessed by the dictators, 
praetors or consuls, interreges, and the pmcfectus 
urbi, who also, like the kings of former limes, laid 



1020 



SENATUS. 



SENATUS. 



before the senate the subjects for deliberation. 
The power of the senate was at first the same as 
under the kings, if not greater : it had the general 
care of the public welfare, the superintendence of 
all matters of religion, the management of all af- 
fairs with foreign nations ; it commanded the levies 
of troops, regulated the taxes and duties, and had 
in short the supreme control of all the revenue and 
expenditure. The order in which the senators 
spoke and voted was determined by their rank as 
belonging to the majores or minores. (Cic. de Re 
Publ. ii. 20 ; Dionys. vi. 69, vii. 47.) This dis- 
tinction of rank however appears to have ceased 
after the decemvirate, and even under the decem- 
virate we have instances of the senators speaking 
without any regular order. (Dionys. vi. 4, 16, 19, 
21 ; Liv. iii. 39, 41.) It is also probable that after 
the decemvirate vacancies in the senate were gene- 
rally filled with ex-magistrates, which had now 
become more practicable as the number of magis- 
trates had been increased. The tribunes of the 
people likewise obtained access to the deliberations 
of the senate (Liv. iii. 69, vi. 1) ; but they had no 
seats in it yet, but sat before the opened doors of 
the curia. (Val. Max. ii. 2. § 7-) The senate had 
at first had the right to propose to the comitia the 
candidates for magistracies, but this right was now 
lost : the comitia centuriata had become quite free 
in regard to elections and were no longer dependent 
upon the proposal of the senate. The curies only 
still possessed the right to sanction the election ; 
but in the year B. c. 299 they were compelled to 
sanction any election of magistrates which the co- 
mitia might make, before it took place (Cic. Brut. 
14 ; Aurel. Vict, de Vir. Illustr. 33), and this 
soon after became law by the lex Maenia. (Orelli, 
Onom. TuU, vol. iii. p. 215.) When at last the 
curies no longer assembled for this empty show of 
power, the senate stept into their place, and hence- 
forth in elections, and soon after also in matters of 
legislation the senate had previously to sanction 
whatever the comitia might decide. (Liv. i. 17.) 
After the lex Hortensia a decree of the comitia 
tributa became law even without the sanction of 
the senate. The original state of things had thus 
gradually become reversed, and the senate had lost 
very important branches of its power, which had 
all been gained by the comitia tributa. [Tribunus 
Plebis.] In its relation to the comitia centu- 
riata, however, the ancient rules were still in force, 
as laws, declarations of war, conclusions of peace, 
treaties, &c. were brought before them and decided 
by them on the proposal of the senate. (Walter, 
p. 132.) 

The powers of the senate after both orders were 
placed upon a perfect equality may be thus briefly 
summed up. The senate continued to have the 
supreme superintendence in all matters of religion 
(Gellius, xiv. 7) ; it determined upon the manner 
in which a war was to be conducted, what legions 
were to be placed at the disposal of a commander, 
and whether new ones were to be levied ; it decreed 
into what provinces the consuls and praetors were 
to be sent [Provincia], and whose imperium was 
to be prolonged. The commissioners who were 
generally sent out to settle the administration of a 
newly conquered country, were always appointed 
by the senate. (Liv. xlv. 17 ; Appian. de Reb. Hisp. 
99, de Reb. Pun. 135; Sallust. Jug. 16.) All 
embassies for the conclusion of peace or treaties 
with foreign states were sent out by the senate, 



and such ambassadors were generally senators 
themselves and ten in number. (Polyb. vi. 13 ; 
Liv. passim.) The senate alone carried on the ne- 
gotiations with foreign ambassadors (Polyb. I. e. ■ 
Cic. c. Vatin. 15), and received the complaints of 
subject or allied nations, who always regarded the 
senate as their common protector. (Liv. xxix. 1 6, 
xxxix. 3, xlii. 14, xliii. 2 ; Polyb. I. c.) By 
virtue of this office of protector it also settled all 
disputes which might arise among the municipia 
and colonies of Italy (Dionys. ii. 1 ; Liv. ii. 20 ; 
Varro, de Re Rust. iii. 2 ; Cic. ad Att. iv. 15, de 
Off. i. 10), and punished all heavy crimes com- 
mitted in Italy, which might endanger the public 
peace and security. (Polyb. I. c.) Even in Rome 
itself the judic.es to whom the praetor referred im- 
portant cases, both public and private, were taken 
from among the senators (Polyb. vi. 17), and in 
extraordinary cases the senate appointed especial 
commissions to investigate them (Liv. xxxviii. 54, 
xxxix. 14, xl. 37, 44, &c.) ; hut such a commis- 
sion, if the case in question was a capital offence 
committed by a citizen, required the sanction of 
the people. (Polyb. vi. 16 ; Liv. xxvi. 33, &c.) 
When the republic was in danger the senate might 
confer unlimited power upon the magistrates by 
the formula, " videant consules, ne quid respub- 
lica detrimenti capiat " (Sallust. Cat. 29 ; Caes. 
B. O. i. 5, 7), which was equivalent to a de- 
claration of martial law within the city. This 
general care for the internal and external welfare 
of the republic included, as before, the right to dis- 
pose over the finances requisite for these purposes. 
Hence all the revenue and expenditure of the re- 
public were under the direct administration of the 
senate, and the censors and quaestors were only 
its ministers or agents. [Censor ; Quaestor.] 
All the expenses necessary for the maintenance of 
the armies required the sanction of the senate, be- 
fore anything could be done, and it might even 
prevent the triumph of a returning general, by re- 
fusing to assign the money necessary for it. (Polyb. 
vi. 15.) There are, however, instances of a general 
triumphing without the consent of the senate. (Liv. 
iii. 63, vii. 17, ix. 37.) 

How many members were required to be present 
in order to constitute a legal meeting is uncertain, 
though it appears that there existed some regula- 
tions on this point (Liv. xxxviii. 44, xxxix. 4 ; 
Cic. ad Fam. yiii. 5 ; Fest s. v. Numera), and 
there is one instance on record, in which at least 
one hundred senators were required to he present. 
(Liv. xxxix. 18.) The presiding magistrate 
opened the business, and as the senators sat in the 
following order, — princeps senatus, consulares, cen- 
sorii, praetorii, aedilicii, tribunicii, quaestorii, — it 
is natural to suppose, that they were asked their 
opinion and voted in the same order. (Suo loco 
sententiam dicere, Cic. Philip, v. 17, xiii. 13, &c, 
ad Att. xii. 21.) Towards the end of the republic 
the order in which the question was put to the 
senators, appears to have depended upon the dis- 
cretion of the presiding consul (Varro, ap. Gell. xiv. 
7), who called upon each member by pronouncing 
his name (nominatim, Cic. c. Verr. iv. 64), but he 
usually began with the princeps senatus (Cic. pro 
Sext. 32), or if consules designati were present, 
with them. (Sallust, Cat. 50 ; Appian, B. C. 
ii. 5.) The consul generally observed all the year 
round the same order in which he had commenced 
on the first of January. (Suet. Caes. 21.) A 



SEXATUS. 



SENATUS. 



1021 



senator when called upon to speak might do so at 
full length, and even introduce subjects not directly 
connected with the point at issue. (Cic. de Leg. 
iii. 18 ; Gellius, iv. 10 ; Tacit. Anna/, ii. 38, xiii. 
39 ; compare Cic. Philip, vii.) It depended 
upon the president which of the opinions expressed 
he would put to the vote, and which he would 
pass over. (Polyb. xxxiii. 1 ; Cic. ad Fam. i. 2, 
x. 12 ; Caes. B. C. i. 2.) Those men who were 
not yet real senators, but had only a seat in the 
senate on account of the office they held, or had 
held, had no right to vote (Gellius, xiii. 8.) When 
a Scnatusconsultum was passed, the consuls ordered 
it to be written down by a clerk in the presence of 
some senators, especially of those who had been 
most interested in it or most active in bringing it 
about. (Polyb. vi. 12; Cic. de Orat. iii. 2, ad 
Fam. viii. 8.) [Senatcsconsultum.] A meet- 
ing of the senate was not allowed to be held be- 
fore sunrise or to be prolonged after sunset (Varro, 
ap. Gelt. I. c.) : on extraordinary emergencies, how- 
ever, this regulation was set aside. (Dionys. iii. 
1 7 ; Macrob. .Sat. i. 4.) 

During the latter part of the republic the senate 
was degraded in various ways by Sulla, Caesar, 
and others, and on many occasions it was only an 
instrument in the hands of the men in power. In 
this way it became prepared for the despotic go- 
vernment of the emperors, when it was altogether 
the creature and obedient instrument of the prin- 
ceps. The emperor himself was generally also 
princeps scnatus (Dion Cass. liii. 1, lvii. 8, lxxiii. 
5), and had the power of convoking both ordinary 
and extraordinary meetings (Dion Cass. liv. 3 ; 
Lex de imperio Vespas. ), although the consuls, 
praetors, and tribunes, continued to have the same 
right. (Tacit. Hist. iv. 39; Dion Cass. Ivi. 47, lix. 
24, lx. IG, &c.) The ordinary meetings according 
to a regulation of Augustus were held twice in 
every month. (Suet. Aug. 3.5 ; Dion Cass. Iv. 3.) 
A full assembly required the presence of at least 
401) members, but Augustus himself afterwards 
modified this rule according to the difference and 
importance of the subjects which might be brought 
under discussion. (Dion Cass. liv. 35, Iv. 3.) At 
a later period we find that seventy or even fewer 
senators constituted an assembly. (Lamprid. A I. 
•Sever, lfi.) The regular president in the assembly 
was a consul, or the emperor himself, if he was 
invested with the consulship. (Plin. Epist. ii. 11, 
I'unrggr. 7fi.) At extraordinary meetings, the person 
who convoked the senate was at the same time its 
president. The emperor, however, even when he did 
not preside, hnd by virtue of his office of tribune, 
the riirht to introduce any subject for discussion, 
and to make the senate decide upon it. (Dion Can. 
liii. 32 ; Lex de imperio Vespas.) At a later 
period this right was expressly and in proper form 
Conferred upon the emperor under the name of Jut 
relation™, and accordingly as he obtained the right 
to introduce three or more subjects, the jus was 
called jus trrtiur, i/wirtue, r/uinlae, drc. relation!*. 
(Vopisc. Pnb, 12 ; J. Capitol. Pertin. 6, M. An- 
tonin. t> ; l.amprnl. Al. Srv. I.) The emperor in- 
troduced his proposals to the senate in writing 
tnr'itin, /r/«//'/', ffn.hj'i prinripis), which was read 
in the senate by one of his quaestor*, (limn ('a-*, 
liv. 25, lx. 2; Suet. .I//,;. II",, '/',/. Ii; Tarit. Annul. 

xvi. 27; Dig. 1. tit 18. •. 1. §§2 and 4.) |Oha- 
tionks PmhcTPUM.] The praetors, that they 
might not be inferior to the tribunes, likewise 



received the jus relationis. (Dion Cass. Iv. 3.) The 
mode of conducting the business, and the order in 
which the senators were called upon to vote, re- 
mained on the whole the same as under the re- 
public (Plin. Epist. viii. 14, ix. 13); but when 
magistrates were to be elected, the senate, as in 
former times the comitia, gave their votes in secret 
with little tablets. (Plin. Epist iii. 20, xi. 5.) 
The transactions of the senate were from the time 
of Caesar registered by clerks appointed for the 
purpose, under the superintendence of a senator. 
(Suet Caes. 20, Aug. 36 ; Tacit Annul, v. 4, &c. ; 
Spart. Hadrian, 3 ; Dion Cass, lx.xviii. 22.) In 
cases which required secrecy (senatusconsultum 
taciturn), the senators themselves officiated as 
clerks. (Capitol. Gord. 20.) 

As the Roman emperor concentrated in his own 
person all the powers which had formerly been 
possessed by the several magistrates, and without 
limitation or responsibility, it is clear that the 
senate in its administrative powers was dependent 
upon the emperor, who might avail himself of its 
counsels or not, just as he pleased. In the reign 
of Tiberius the election of magistrates was trans- 
ferred from the people to the senate (Veil. Pat. ii. 
124 ; Tacit. Annul, i. 15 ; Plin. Epist. iii. 20, vi. 
19), which, however, was enjoined to take especial 
notice of those candidates who were recommended 
to it by the emperor. This regulation remained, 
with a short interruption in the reign of Caliirula, 
down to the third century, when we find that the 
princeps alone exercised the right of appointing 
magistrates. (Dig. 48. tit. 14. s. 1.) At the de- 
mise of an emperor the senate had the right to 
appoint his successor, in case no one had been 
nominated by the emperor himself; but the senate 
had in very rare cases an opportunity to exercise 
this right, as it was usurped by the soldiers. The 
aerarium at first still continued nominally to be 
under the control of the senate (Dion Cass. liii. 1 l>, 
22), but the emperors gradually took it under their 
own exclusive management (Dion Cass. lxxi. 33; 
Vopisc. Aurel. 9, 12, 20), and the senate retained 
nothing but the administration of the funds of the 
city (area publica), which were distinct both from 
the aerarium and from the fiscus (Vopisc. Aurel. 
20, 45), and the right of giving its opinion upon 
cases connected with the fiscal law. (Dig. 49. tit. 
14. s. 15 and 42.) Its right of coining money 
was limited by Augustus to copper coins, and 
ceased altogether in the reign of Gallieiius. ( Eck- 
hel, I). N. I'roleg. c. 13.) Augustus ordained that 
no accusations should any longer be brought before 
the comitia (Dion Cass. Ivi. 40), and instead of 
them he raised the senate to a high court of justice, 
upon which he conferred the right of taking cog- 
nizance of capital offences committed by senators 
(Dion Cass. Iii. 31, Sec. ; Suet Calif. 2 ; Tacit. 
Annul, xiii. 44 ; Capitol. M. Antonin. 10), of 
crimes ngniust the state and the person of the em- 
perors (Dion Cass. Iii. 15, 17, 22, lx. Ill, Ixxvi. 
8 ; Suet. Aug. liii ; Tacit. Annul, iii. 49, \c), and 
of crimes committed by the provincial magistrates 
in the administration of their provinces. The 
senate might also receive appeals from other courts 
I Sui t. Nero, 17; Tacit Annul, xiv. 28; Capitol. 
M. Antonin. 10; Vopisc. f'nA. 13), whereas, at 
least from the time of Hadrian, there was no np- 
pcal from a sentence of the senate. (Dion Cass, 
lix. 18 ; Dig. 19. tit 2. s. I. § 2.) The princeps 
sometimes referred cases which were not contained 



1022 



SENATUS. 



SENATUSCONSULTUM. 



in the above categories, or which he might have 
decided himself, to the senate, or requested its co- 
operation. (Suet. Claud. 14, IS, Nero, 15, Domtt. 
8, &c.) Respecting the provinces of the senate see 
Provincia. 

When Constantinople was made the second 
capital of the empire, Constantine instituted also a 
second senate in this city (Sozomen, ii. 2 ; Excerpt, 
de gest. Const. 30), upon which Julian conferred all 
the privileges of the senate of Rome. (Zosim. iii. 
11 ; Liban. Orat. ad Theodos. ii. p. 383, ed. 
Morell.) Both these senates were still sometimes 
consulted by the emperors in an oratio upon mat- 
ters of legislation (Cod. Theod. 6. tit. 2. s. 14 ; 
Symmach. Epist. x. 2. 28 ; Cod. 1. tit. 14. s. 3) : 
the senate of Constantinople retained its share in 
legislation down to the ninth century. (Nov. Leon. 
78.) Each senate also continued to be a high 
court of justice to which the emperor referred im- 
portant criminal cases. (Amm. Marc, xxviii. 1. 
23; Symmach. Epist. iv. 5; Zosim. v. 11, 38.) 
Capital offences committed by senators, however, 
no longer came under their jurisdiction, but either 
under that of the governors of provinces, or of 
the prefects of the two cities. (Walter, p. 367, 
&c.) Civil cases of senators likewise belonged to 
the forum of the praefectus urbi. (Cod. 3. tit. 24. 
s. 3 ; Symmach. Epist. x. 69.) The senatorial 
dignity was now obtained by descent (Cod. Theod. 
6. tit. 2. s. 2 ; 12. tit. 1. s. 58 ; Cassiodor. Variar. 
iii. 6), and by having held certain offices at the 
court, or it was granted as an especial favour by 
the emperor on the proposal of the senate. (Cod. 
Theod. I.e. ; Symmach. Epist. x. 2.5.118.) To 
be made a senator was indeed one of the greatest 
honours that could be conferred, and was more 
valued than in the times of the republic ; but its 
burdens were very heavy, for not only had the sena- 
tors to give public games (Symmach. Epist. x. 25. 
28), to make magnificent presents to the emperors 
(Cod. Theod. 6. tit. 2. s. 5), and in times of need 
extraordinary donations to the people (Zosim. v. 
41 ; Symmach. Ep. vi. 14, 26, vii. 68), but in ad- 
dition they had to pay a peculiar tax upon their 
landed property, which was called follis or gleba. 
(Zosim. ii. 32 ; Cod. Theod. 6. tit. 2 ; Symmach. 
Epist. iv. 61.) A senator who had no landed pro- 
perty was taxed at two folles. (Cod. Theod. 6. 
tit. 2. s. 2, 6. tit. 4. s. 21.) It was therefore only 
the wealthiest persons of the empire, no matter to 
what part of it they belonged, that could aspire 
to the dignity of senator. A list of them, together 
with an account of their property, was laid before 
the emperor every three months by the prefect of 
the city. (Symmach. x. 66, &c.) Down to the 
time of Justinian the consuls were the presidents 
of the senate, but from this time the praefectus 
urbi always presided. (Cod. Theod. 6. tit. 6. s. 1 ; 
Nov. Inst'it. 62.) 

It now remains to mention some of the distinc- 
tions and privileges enjoyed by Roman senators : 
]. The tunica with a broad purple stripe (latus 
clavus) in front, which was woven in it, and not as 
is commonly believed sewed upon it. (Acron. ad 
Horat. Sat. i. 5. 35 ; compare i. 6. 28 ; Quinctil. 
xi. 3.) 2. A kind of short boot with the letter C 
on the front of the foot. (Juv. vii. 192 ; Cic. Phil. 
xiii. 13.) This C is generally supposed to mean 
centum, and to refer to the original number of 100 
{centum) senators. 3. The right of sitting in the 
orchestra in the theatres and amphitheatres. This 



distinction was first procured for the senators by 
Scipio Africanus Major, 194 B.C. (Liv. xxxiv. 54 ; 
Cic. pro Cluent. 47.) The same honour was granted 
to the senators in the reign of Claudius at the games 
in the circus. (Suet. Claud. 21 ; Dion Cass. Ix. 7.) 
4. On a certain day in the year a sacrifice v/as of- 
fered to Jupiter in the capitol, and on this occasion 
the senators alone had a feast in the capitol ; the 
right v/as called the jus publico epulandi. (Gellius, 
xii. 8 ; Suet. Aug. 35.) 5. The jus liberae lega- 
tions. [Legatus, sub finem.'] [L. S.] 
_ SENATUSCONSULTUM. In his enumera- 
tion of the formal parts of the Jus Civile, Cicero in- 
cludes Senatusconsulta. {Top. 5.) Numerous Leges 
properly so called were enacted in the reign of 
.Augustus, and Leges, properly so called, were 
made even after his time. [Lex.] It was 
under Augustus however that the Senatuscon- 
sulta began to take the place of Leges properly 
so called, a change which is also indicated by the 
fact that until his time the Senatusconsulta were 
not designated either by the names of the Con- 
suls or by any other personal name, so far as we 
have evidence. But from that time we find the 
Senatusconsulta designated either by the name of 
the Consuls, as Apronianum, Silanianum, or from 
the name of the Caesar, as Claudianum, Neronia- 
num ; or they are designated as made " auctore " 
or " ex auctoritate Hadriani," &c, or " ad ora- 
tionem Hadriani," &c. The name of the Senatus- 
consultum Macedonianum is an exception, as will 
afterwards appear. 

Many Senatusconsulta were enacted in the 
Republican period, and some of them were laws in 
the proper sense of the term, though some modern 
writers have denied this position. But the opi- 
nion of those who deny the legislative power of 
the Senate during the Republican period is op- 
posed by facts. An attempt has sometimes been 
made to support it by a passage of Tacitus (" turn 
primum e campo Comitia ad patres translata sunt," 
Ann. i. 15), a passage which only refers to the 
elections. It is difficult however to determine how 
far the legislative power of the Senate extended. 
A recent writer (Walter, Gcschichte des Rom. 
Rechts, 437, 1st ed.) observes " that the Senatus- 
consulta were an important source of law for mat- 
ters which concerned administration, the main- 
tenance of Religion, the suspension or repeal of 
laws in the. case of urgent public necessity, the 
rights of the Aerarium and the Publicani, the 
treatment of the Italians and the Provincials." 
(Liv. xxvi. 34, xxxix. 3, xli. 9.) The following 
are instances of Senatusconsulta under .the Re- 
public : a Senatusconsultum " ne quis in urbe 
sepeliretur ; " the Senatusconsultum de Bacchana- 
libus hereafter more particularly mentioned ; a 
Senatusconsultum de Libertinorum tribu (Liv. xlv. 
15) ; a Senatusconsultum de Macedonia (Liv. xlv. 
1 8) ; a Senatusconsultum de Sumtibus at the Mega- 
lenses ludi (Gell. ii. 24) ; a Senatusconsultum 
" ne homo immolaretur " (Plin. H. N. xxx. 1) ; a 
Senatusconsultum de provinces Quaestoriis ; a 
Senatusconsultum made M. Tullio Cicerone re- 
ferente to the effect, " ut legationum liberarum 
tempus annuum esset ; " various Senatusconsulta de 
collegiis dissolvendis ; an old Senatusconsultum, 
" Senatusconsultum vetus ne liceret Africanas {bes- 
tias) in Italiam advehere," which was so far re- 
pealed by a Plebiscitum proposed by Cn. Aufidius, 
Tribunus Plebis, that the importation for the pur- 



SENATUSCONSULTUM. 



SENATUSCONSULTUM. 1023 



po3e of the Circenses was made legal (Plin. H. X. I 
viiL 17) ; an old Senatusconsultum by which ; 
" quaestio (servorum) in caput domini prohibeba- | 
tur " (Tacit. Ann. ii. 30 ), a rule of law which 
Cicero (pro Milan. 22) refers to Mores as its 
foundation. From these instances of Scnatuscon- 
sulta made in the Republican period we may col- 
lect in a general way the kind of matters to which 
this form of legislation applied. The constitution 
of the Senate was such a3 to gradually bring 
within the sphere of its legislation all matters that 
pertained to religion, police, administration, pro- 
vincial matters, and all foreign relations. And it 
seems that the power of the Senate had so far in- 
creased at the time of the accession of Augustus 
that it was no great change to make it the only 
legislating body. Pomponius (Dig. 1. tit. 2. s. 2), 
though his historical evidence must be received 
with caution, states the matter in a way which 
is generally consistent with what we otherwise 
know of the progress of Senatorial legislation : 
" As the plebs found it difficult to assemble, &c, 
it was a matter of necessity that the administra- 
tion of the State came to the Senate: thus the 
Senate began to act, and whatever the Senate had 
determined (conslituisset) was observed (oljterra- 
Ixitur), and a law so made is called Senatuscon- 
sultum." 

A Senatusconsultum was so named because the 
Cansul (qui retulit ) was said " Senatum consulere : " 
" Marcivs L. F. S. Postvmivs L. F. Cos Senatvm 
Conaolvervnt." (Senatusconsultum de Bacchaua- 
libus.) In the Senatusconsultum De Philosopbis et 
De Rhctoribus (Cell. IT. 1 1), the Praetor " con- 
suluit." In the enacting part of a Lex the Populus 
was said "jubere," and in a Plcbiscitum "scire : " 
in a Senatusconsultum the Senate was said " ccn- 
scre : " " De Bacchanalibvs, &c, ita exdeiccndvra 
censverc." (S. C. de Bacch.) In the Senatuscon- 
sulta of the time of Augustus cited by Frontinus 
(de Aquueductibm liomae, ii.), the phrase which 
follows u censuere " is sometimes ** placerc buic 
ordini." In Tacitus the verb "censere" is also 
applied to the person who made the motion for a 
Senatusconsultum. (Ann. iv. 20.) Sometimes 
the term * arbitrari " is used (Dig. 16. tit. 1. s. 2); 
and Uaius ( i. 4), writing under the Antonines ap- 
plies to the Scnatus the terms which originally 
denoted the legislative power of the Populus : 
** Senatus jubct atque constituit ; idque legis viccm 
optinet, quamvia fuit quaesitum." " Habere sena- 
tum " is to hold a meeting of the senate. When 
Cn. Pompeius was elected consul for the first time, 
his friend M. Varro wrote for his use a treatise 
" de Scnatu habendo consulendoque." A Senatus- 
consultum made before the rising or after the set- 
ting of the sun was nut valid. ( Gellius, xiv. 7.) 

The mode in which the legislation of the Senate 
was conducted in the Imperial period is explained 
in the article Orationks Principum. 

Certain forms were observed in drawing up a 
Senatusconsultum, of which there is an example in 
Cicero ( ad Fam. viii. H): "S. C. Auctoritates 
(for this is the right rending) Pridie. Kal. Octob. 
in Ai-de Apollinis, scribendo adfiirrunt L. Domi- 
tiusCn. FilllU Aheiiobarhus, Ate. U_uod M. Maro-1- 
lus Consul V. K. Iivr'w fecit) de prov. Com. I). E, 

K. I.C. ('/'■ '•'< re iln ren.nierilllt I Ii, A •<■. )." 1 ii [•IV. 

amble of the Senatusconsultum de Hacchnnaliljiis 
is similar, but the names of tin- consuls come at the 
beginning and the word is " consolvcmit : " the 



date and place are also given ; and the names of 
those qui scribendo adfuerunt (SC. ARF. in the 
Inscription). The names of the persons who were 
witnesses to the drawing up of the Senatuscon- 
sultum were called the " auctoritates," and these 
auctoritates were cited as evidence of the fact of 
the persons named in them having been present at 
the drawing up of the S. C. (" id quod in aucto- 
ritatibus praescriptis extat," Cic. de Or. iii. 2) ; 
from which passage, and from another (Cic. ad 
Fam. v. 2 ; " illud S. C. ea praescriptione est ") 
in which Cicero refers to his name being found 
among the auctoritates of a S. C. as a proof of 
his friendship to the person whom the S. C. con- 
cerned, it is certain that " pracscribo " in its 
various forms is the proper reading in these Sena- 
tusconsulta. (Compare the similar use of Prae- 
scriptio in Roman Pleadings [Praescriptio].) 
There can be no doubt that certain persons were 
required to be present " scribendo," but others 
might assist if they chose, and a person in this way 
might testify his regard for another on behalf of 
whom or with reference to whom the S. C. was 
made. (" Cato autcm et scribendo adfuit," &c. 
Cic. ad Alt. viL 1.) Besides the phrase "scri- 
bendo adesse," there are "esse ad scrihendum " 
(Cic. ad Alt. i. \'J), and " poni ad scrihendum" 
(as to which see the curious passage in Cicero, ad 
Fam. ix. 15). When a S. C. was made on the 
motion of a person, it was said to be made " in 
sententiam ejus." If the S. C was carried, it was 
written on tablets and placed in the Aerarium : the 
S. C. de Bacchanalibus provides that it shall be 
cut on a bronze tablet, but this was for the pur- 
pose of its being put up in a public place where it 
could be read (vbei J'ucilivmed rpioscier potisit). 

The Scnatusconsulta were originally intrusted 
to the care of the tribunes and the acdilcs, but in 
the time of Augustus the quaestors had the care of 
them. (Dion Cass. lv. 30, and the note of Rci- 
marus.) Under the later emperors the Senatus- 
consulta " quae ad principes pertinebant," were 
preserved in " libri clephantini." (Vopiscus, 
Tacitus, c. 8. ) 

A measure which was proposed as a Senatuscon- 
sultum might be stopped by the Intcrccssio of the 
Tribunes, and provision was sometimes made for 
further proceeding in such case : " si quis huic 
senatusconsulto intcrcesscrit senatui placerc aucto- 
ritatem perscribi (pracscribi) et de ea re ad sena- 
tum populumque referri." (Cic. ad Fam. viii. 8.) 
This explains one meaning of Senatus auctoritas, 
which is a Senatusconsultum which has been pro- 
posed and not carried, and of which a record was- 
kept with the " auctoritates eorum qui scribendo 
adfuerunt." In one passage Cicero calls a S. C. 
which had failed owing to an Intercessin, an Auc- 
tori'.as i Fun. i. 7). One im-aning ol Auctoritas 
in fact is a S. C. proposed, but not yet carried ; 
and this agrees with Livy (iv. 57) : " Si quis in- 
tercedat Sto, auctoritate se fore contentum." If 
Senatus auctoritas occasionally appears to be used 
as equivalent to Senatusconsultum, it is an im- 
proper use of the word, hut one which presents no 
difficulty if we consider that the names which de- 
note ■ thing in its two stages are npt to be con- 
founded in popular Imgrvigr. u with us the words 
Hill and Act. In its gnu-nil and original sense 
BtlWftll Auctoritas is any measure to which a 
majority of the Senate has assented. (Sec the 
note of P. Manutius on Cic. «</ Fam. v. 2.) 



1024 SENATUSCONSULTUM. 



SENATUSCONSULTUM. 



The proper enacting word in the Senatusconsulta 
is " censeo," hut the word " decerno " was also 
used in ordinary language to express the enacting 
of a Senatusconsultum. (Cic. ad Fam. viii. 8 ; Sena- 
tus decrevit ut &c. ad Att. i. 19.) But a Senatus- 
consultum, which was a law in the proper sense of 
the term, is not called a Decretum, which was a 
rule made by the Senate as to some matter which 
was strictly within its competence. The words 
Decretum and Senatusconsultum are often used 
indiscriminately and with little precision. (Gell. ii. 
24.) (See Aelius Gallus, apud Fcstum, s. v. Senatus 
Decretum, and Decretum.) 

The forms of the Senatusconsulta are the best 
evidence of their character. The following are 
some of the principal Senatusconsulta which are 
preserved: the Senatusconsultum de Tiburtibus, 
printed by Gruter and others, which is " un- 
doubtedly the oldest of all Roman documents " 
(Niebuhr, Rom. Hist. vol. iii. p. 264, note 66) ; 
the Senatusconsultum de Bacchanalibus ; the 
Senatusconsultum in the Letter of Cicero already 
referred to ; Cic. Philipp. v. 13 ; Gellius, xv. 11 ; 
the six Senatusconsulta about the Roman Aque- 
ducts in the second book of Frontinus de Aquae- 
ductibus ; the Senatusconsultum about the Aphro- 
disienses (Tacit. Ann. iii. 62 ; Tacit. Oberlin. ii. 
835) ; the oration of Claudius (Tacit. Ann. xi. 24 ; 
Tacit. Oberlin. ii. 806) ; the various Senatuscon- 
sulta preserved in the Digest, which are mentioned 
in a subsequent part of this article. See also the 
Senatusconsultum printed in Sigonius, " De Antiquo 
Jure Provinciarum," i. 288 ; and the Sctum by 
which the name Augustus was given to the month 
Sextilis. (Macrob. Saturnal. i. 12.) 

The following list of Senatusconsulta contains 
perhaps all of them which are distinguished by 
the name of a consul or other distinctive name. 
Numerous Senatusconsulta under the Empire are 
referred to in the Latin writers, for which we find 
no distinctive name, though it is probable that all 
of them had a title like the Leges, but many of 
them being of little importance were not much re- 
ferred to or cited, and thus their names were for- 
gotten. Tacitus, for instance, often speaks of S. C. 
without giving their names, and in some cases we 
are able to affix the titles from other authorities. 
Many of the Imperial Senatusconsulta were merely 
amendments of Leges ; but they were laws in the 
proper sense of the word. 

Some of the Senatusconsulta of the Republican 
period were laws, as already observed, but others 
were only determinations of the Senate, which 
became Leges by being carried in the comitia. 
Such S. C. were really only auctoritates. One 
instance of this kind occurred on the occasion of 
the trial of Clodius for violating the mysteries of 
the Bona Dea. A rogatio on the subject of the 
trial was proposed to the Comitia ex Senatuscon- 
sulto (Cic. ad Att. i. 14) ; which is also spoken of 
as the Auctoritas of the Senate, and as " quod ab 
Senatu Constitutum " (the words of Gaius, i. 4). 

Apronianum, probably enacted in the time of 
Hadrian, empowered all Civitates which were 
within the Roman Imperium to take a fideicom- 
missa hereditas. This Senatusconsultum is cited 
by Ulpian (Frag. tit. 22) without the name, but 
it appears from comparing Ulpian with the Digest 
(36. tit. ]. s. 26) to be the Senatusconsultum 
Apronianum. A Senatusconsultum also allowed 
Civitates or Municipia, which were legally con- 



sidered as Universitates, to be appointed heredes 
by their liberti or libertae. Ulpian speaks of this 
Senatusconsultum in the passage referred to, im- 
mediately before he speaks of that Senatuscon- 
sultum which we know to be the Apronianum, 
and it appears probable that the two Senatus- 
consulta were the same, for their objects were 
similar and they are mentioned together without 
any indication of their being different. This last 
mentioned provision is also mentioned in the 
Digest (38. tit. 3) as being contained in a Sena- 
tusconsultum which was posterior to the Trebelli- 
anum, but the name is not given in the Digest. 
Under this provision a Municipium could obtain 
the Bonorum Possessio. Bachius (Historia Juris- 
prudentiae Romanae) assigns this Senatusconsultum 
to the reign of Trajan. But it appears to belong 
to the time of Hadrian, and to be the same S. C. 
which allowed Civitates to take a legacy. (Ulp. 
Frag. tit. 24.) 

Articuleianum gave the Praeses of a Province 
jurisdiction in the case of fideicommissa libertas, 
even when the heres did not belong to the Pro- 
vince. The heres cnuld be compelled to give the 
libertas which was the subject of the fideicornmis- 
sum. (Manumissio ; Dig. 40. tit. S. s. 44, 51.) 
This Senatusconsultum was enacted A. D. 101, in 
which year Sex. Articuleius Paetus was consul. 

De Bacchanalibus. This Senatusconsultum, 
which is sometimes called Marcianura, was passed 
in the year B. c. 186. The terms of it are stated 
generally by Livy (xxxix. 18), and may be com- 
pared with the original Senatusconsultum which is 
printed in the edition of Livy by Drakenborch, and 
in that by J. Clericus, Amsterdam, 1710. There 
is a dissertation on this Senatusconsultum by 
Bynkershoek {De Cuttu Religionis Peregrinae apud 
Veteres Romanos, Op. i. 412), who has printed the 
Senatusconsultum and commented upon it at some 
length. The provisions of this Senatusconsultum 
are stated generally under Dionysia, p. 414, b. 
There is no ancient authority, as it appears, for the 
name Marcianum, which has been given to it from 
the name of one of the Consuls who proposed it, 
and in accordance with the usual titles of S. C. in 
the Imperial period. This Sctum was found in 
a. n. 1640, in a village in Calabria, and is said to 
be now at Vienna. ( Senatusconsulti De Bac- 
chanalibus, &c. Explicatio, auctore Matthaeo Ae- 
gyptio, Neapol. 1729.) 

Calvitianum. (Ulpian, Frag. tit. xvi. ; Julia 
et Papia Poppaea Lex, p. 692, b.) 

Claudianum passed in the time of the Emperor 
Claudius, reduced a free woman to the condition of 
a slave (ancilla) if she cohabited with the slave of 
another person, after the master had given her no- 
tice that he would not permit it. But if a woman, 
who was a Roman citizen, cohabited with a slave 
with the consent of the slave's master, she might 
by agreement with the master remain free and yet 
any child born from this cohabitation would be a 
slave ; for the Senatusconsultum made valid any 
agreement between the free woman and the slave's 
master, and by such agreement the woman was re- 
lieved from the penalty of the Senatusconsultum. 
But Hadrian, being moved thereto by a considera- 
tion of the hardship of the case and the incongruity 
of this rule of law (inelegantia juris), restored the 
old rule of the Jus Gentium, according to which 
the woman continuing free was the mother of a 
free child. 



SENATUSCONSULTUM. 



SENATUSCONSULTUM. 1025 



A difficulty arose on the inteqjretation of this 
Senatusconsultum for which the words of the law 
had not provided. If a woman, who was a Roman 
citizen, was with child, and became an ancilla 
pursuant to the Senatusconsultum in consequence 
of cohabiting with a slave contrary to the master's 
wish, the condition of the child was a disputed 
matter : some contended that if the woman had 
become pregnant in a legal marriage, the child was 
a Roman citizen, but if she had become pregnant 
by illicit cohabitation, the child was the property 
of the person who had become the master of the 
mother. [SkrVUS (Roman).] 

There is an apparent ambiguity in a passage of 
Gaius (i. 86) in which he says, " but that rule 
of the same Lex is still in force, by which the issue 
of a free woman and another man's slave is a slave, 
if the mother knew that the man with whom she 
cohabited, was a slave." The Lex of which he 
speaks, is the Lex Aelia Sentia. The exception 
in the Senatusconsultum of Claudius applied to the 
case of a compact between a free woman and the 
master of the slave, which compact implies that 
the woman must know the condition of the slave, 
and therefore according to the terms of the Lex 
the issue would be slaves. But Gaius says (i. 84) 
that under this Senatusconsultum the woman might 
by agreement continue free and yet give birth to a 
slave ; for the Senatusconsultum gave validity to 
the compact between the woman and the master of 
the slave. At first sight it appears as if the 
Senatusconsultum produced exactly the same effect 
as the Lex with respect to the condition of the 
child. But this is explained by referring to the 
chief provision of the Senatusconsultum, which 
was that cohabitation with a slave " invito et de- 
nuntiante domino ** reduced the woman to a senile 
condition, and it was a legal consequence of this 
change of condition that the issue of her cohabita- 
tion must be a slave. The Lex Aelia Sentia had 
already declared the condition of children born of 
the union of a free woman and a slave to be ser- 
vile. The Senntusconsultum added to the penalty 
of the Lex by making the mother a slave also, un- 
less she cohabited with the consent of the master, 
and thus resulted that " inelegantia juris " by I 
which a free mother could escape the penalty of 
the Senatusconsultum by her agreement and yet 
her child must be a slave pursuant to the Lex. 
Hadrian removed this inelegantia by declaring that 
if the mother notwithstanding the cohabitation es- 
caped from the penalties of the Senatusconsultum 
by virtue of her compact, the child also should 
have the benefit of the agreement. The Senatus- 
consultum only reduced the cohabiting woman to 
■ servile stat'' when she cohabited with a man's 
slave H invito ct denunliantc domino : " if sh" co- 
habited with him, knowing him to be a slave, 
without the knowledge of the master, there could 
be no denuntiatio, and this case, it appears, was | 
not affected by the Senatusconsultum, fur Gnius 
observe*, as above stated (i. 06), that the Lex had 
■till effect and the offspring of such cohabitation 
was a slave. The fact of this clause of the Lex ; 
remaining in force after the enacting of the Sena- 
tusconsultum, appears to be an instance of the 
strict interpretation which the Roman Jurists ap- 
I'liid to positive enactment* ; for the Setiatuieoii- 
sultmn of Hadrian as stated by Gnius only applied 
to the case of a enntrnrt between the master's 
slave and the woman, and therefore its terms did 



not comprehend a case of cohabitation when there 
was no compact. B sides this if a free woman 
cohabited with a man's slave either without the 
knowledge of the master or with his knowledge, 
but without the " denuntiatio," it seems that this 
was considered as if the woman simply indulged in 
promiscuous intercourse (vu/t/o concpit), and the 
mother being free, the child also was free by the 
Jus Gentium till the Lex attempted to restrain 
such intercourse by working on the parental affec- 
tions of the mother, and the Senatusconsultum by 
a direct penalty on herself. There was a "juris 
inelegantia " in a free woman giving birth to a 
slave, but this was not regarded by Hadrian, who 
was struck by the inelegantia of a woman by com- 
pact being able to evade the penalty of the Sena- 
tusconsultum while her child was still subject to 
the penalty of the Lex. 

This Senatusconsultum was passed A. d. 52, and 
is mentioned by Tacitus, but the terms in which 
he expresses himself do not contain the true mean- 
ing of the Senatusconsultum, and in one respect, 
" sin consensisset dominus, pro libertis haberenttir," 
they differ materially from the text of Gaius, unless 
the reading "libertis" should be " liberis." (See 
the notes on Tacitus,^! nn.xii.5H.cd. Oberlin.) 1 1 ap- 
pears however from a passage in Paulus (S. It. iv. 
tit. 10), that a woman, in some cases which are not 
mentioned by him, was reduced to the condition of 
a liberta by the Senatusconsultum ; a circumstance 
which confirms the accuracy of the text of Tacitus, 
but also shows how very imperfectly he has stated 
the Senatusconsultum. Suetonius ( Vesp. II) at- 
tributes the Senatusconsultum to the reign of Ves- 
pasian, and expresses its effect in terms still more 
general and incorrect than those of Tacitus. Such 
instances show how little we can rely on the 
Roman historians for exact information as to 
legislation. 

It appears from Paulus that the provisions of 
this Senatusconsultum are stated very imperfectly 
even by Gaius, and that they applied to a great 
number of cases of cohabitation between free wo- 
men, whether Ingenuac or Libertinae, and slaves. 

This Senatusconsultum was entirely repealed by 
a Constitution of Justinian. Some writers refer 
the words " ea lege" (Gaius, i. 85) to the Senatus- 
consultum Claudianum, and they must consequently 
refer the words "cjusdein lcgis" (Gaius, i. 86) also 
to this Senatusconsultum ; but the word " lex " in 
neither case appears to refer to the Senatusconsul- 
tum, but to the Lex Aelia Sentia. 

(Gaius, i. 84, 86, 91, 160 ; Ulp. Frafl. tit. xi. ; 
Cod. 7. tit. 24 ; Paulus, S. U. ii. tit. 21.) 

There were several other Scnatusconsulta C'lau- 
diana, of which there is a short notice in Jo. Au- 
gusti Bachii Historia Jurisprudential- Rnmauac. 

Danumianvm, pa«sed in the reign of Trajan, 
related to Kideicnmmissa libertas. (Dig. 40. tit. 5. 
s. 51.) Bee Rudorlf, 'MtM-hriJt, ice. vol. xii. p. ;j(J7, 
l)<ti Tcftummt ilrn Itosumius. 

IIadhiani Sknati;ncoN8ULTA. Numerous sc- 
nnttiscontultn were passed in the reign of Hadrian, 
but there does not nppi-nr to be nny which is called 
HadlfunmL Many Senntusconsulta of this reign 
are referred to by (iaius ns " Senntusconsulta nuc- 
tore lladriano facta," i. 47, Ac, of which there is 
a list in the Index toOnius. The Senntusconsulta 
made in the reign of Hadrian nre enumerated bv 
BaehJtU, nnd some of them are noticed here under 
their proper designations. 

3 v 



1026 SENATUSCONSULTUM. 



SENATUSCONSULTUM. 



Juncianum, passed in the reign of Commodus, 
related to Fideicommissa Libertas. (Dig. 40. tit. 5. 
s. 28, 51.) This Senatusconsultum is preserved in 
one of the passages of the Digest referred to. 

Junianum, passed in the time of Domitian, in 
the tenth consulship of Domitian, and in the con- 
sulship of Ap. Junius Sabinus, A. D. 84, had for its 
object to prevent collusion between a master and 
his slave, by which the slave should be made to 
appear to be as a free man. The person who dis- 
covered the collusion obtained the slave as his pro- 
perty. (Dig. 40. tit. 16.) 

Juventianum is the name given by modern 
jurists to the Senatusconsultum, which is preserved 
'in the Digest (5. tit. 3. s. 20. § 6). The Senatus- 
consultum is placed under the title " De Hereditatis 
Petitione." 

Largianum, passed in the first year of the Em- 
peror Claudius, a. d. 42, gave to the children of a 
Manuraissor, if they were not exheredated by name, 
a right to the bona of Latini in preference to Ex- 
tranei heredes. (Patron us ; Gaius, iii. 63 — 71 ; 
Inst. 3. tit. 7. s. 4 ; Cod. 7. tit. 6.) 

Libonianum, passed in the reign of Tiberius, in 
the consulship of T. Statilius Taurus and L. Scribo- 
nius Libo, a. d. 16, contained various provisions, 
one of which was to the effect that if a man wrote 
a will for another, every thing which he wrote in 
his own favour was void : accordingly he could not 
make himself a tutor (Dig. 26. tit. 2. s. 29), nor 
heres or legatarius (Dig. 34. tit. 8). This Senatus- 
consultum contained other provisions, and it ap- 
pears to have been an extension of the Lex Cornelia 
de Falsis. [Falsum.] See also Coll. Leg. M. & 
R. viii. 7. 

Macedonianum, enacted a. d. 46, provided 
that any loan of money to a filiusfamilias could not 
be recovered even after the death of the father. 
The Senatusconsultum took its name from Macedo, 
a notorious usurer, as appears from the terms of 
the Senatusconsultum which is preserved (Dig. 
14. tit. 6). Theophilus {Paraph: Inst.) states in- 
correctly that the Senatusconsultum took its name 
from a filiusfamilias. The provision of the Senatus- 
consultum is cited by Tacitus {Ann. xi. 13), but 
in such terms as might lead to ambiguity in the 
interpretation of the law. Suetonius {Vesp. 11) 
attributes this Senatusconsultum to the time of 
Vespasian ; but he states its provisions in less 
ambiguous terms than Tacitus. 

Memmianum. This name is sometimes given to 
the Senatusconsultum, passed in the time of Nero, 
the terms of which are preserved by Tacitus {Ann. 
xv. 19) : " ne simulata adoptio in ulla parte mune- 
ris publici juvaret, ac ne usurpandis quidem here- 
ditatibus prodesset." The object of this Senatus- 
consultum was to prevent the evasion of the Lex 
Julia et Papia Poppaea. It is sometimes referred 
to the consulship of C. Memmius Regulus and Vir- 
ginius Rufus A. n. 63, but it appears to belong to 
the preceding year. See Dig. 31. s. 51, and 53. 
tit. 1. s. 76. 

Neronianum de Legatis, the provisions of 
which are stated in the article Legatum. (Gaius, 
ii. 157, 198, 212, 218, 220 ; m^.Frag. xxiv.) 

Neronianum, also called Pisonianum, from 
being enacted in the consulship of Nero and L. 
Calpumius Piso, A. D. 57. It contained various 
provisions : " Ut si quis a suis servis interfectus 
esset, ii quoque, qui testamento manumissi sub 
eodem tecto mansissent, inter servos supplicia pen- J 



derent " (Tacit. Ann. xiii. 32) : " Ut occisa uxore 
etiam de familia viri quaestio habeatur, idemque ut 
juxta uxoris familiam observetur, si vir dicatur 
occisus " (Paulus, S. R. iii. tit. 5, who gives in 
substance also the provision mentioned by Tacitus, 
but adds : " Sed et hi torquentur, qui cum occiso 
in itinere fuerunt ") : " Ut, si poenae obnoxius 
servus venisset, quandoque in eum animadversum 
esset, venditor pretium pracstaret." (Di<r. 29. tit. 5. 
s. 8.) 

Orphitianum enacted in the time of M. Aure- 
lius (Capitol, in vita, 11) that the legitima hereditas 
of a mother who had not been in manu, might 
come to her sons to the exclusion of the consan- 
guinei and other agnati. The name Orphitianum 
is supplied by Paulus {S.R. iv. tit. 10), and tbe 
Digest (38. tit. 17) ; the enactment was made in 
the consulship of V. Rufus and C. Orphitus. (Inst. 
3. tit. 4.) 

Paulus (iv. tit. 14) speaks of rules relating to 
manumission being included in a Senatusconsultum 
Orphitianum. [Heres.] This Senatusconsultum 
was made in the joint reign of M. Aurelius and 
Commodus. (Impp. Anton, et Commodi oratione 
in senatu recitata, Ulp. Frag. tit. xxvi.) See Ora- 

TIONES PRINCIPUM. 

Peg asian um was enacted in the reign of Vespa- 
sian, Pegasus and Pusio being Consules ( Suffecti ?) 
in the year of the enactment. (Inst. ii. tit. 23 ; 
Gaius, ii. 254, &c ) The provisions of this Sena- 
tusconsultum are stated under Fideicommissa 
and Legatum. This Senatusconsultum, or another 
of the same name, modified a provision of the Lex 
Aelia Sentia as to a Latinus becoming a Romanus. 
(Gaius, i. 31.) 

Persicianum, which may be the correct form 
instead of Pernicianum, was enacted in the time of 
Tiberius A. d. 34, and was an amendment of the 
Lex Julia et Papia Poppaea. (Compare Lex 
Julia et Pap. Pop.; Ulp. Frag. tit. xvi. ; 
Sueton. Claud. 23.) 

Pisonianum. [Neronianum.] 

Plancianum, of uncertain date, is by some 
writers assigned to the time of Vespasian. The 
Lex Julia Papia et Poppaea apparently contained 
a provision by which a fideicommissum was forfeited 
to the Fiscus, if a heres or legatarius engaged 
himself by a written instrument or any other secret 
mode to pay or give the fideicommissum to a person 
who was legally incapable of taking it. (Dig. 30. 
s. 103 ; 34. tit. 9. s. 10, 18 ; 49. tit. 14. s. 3.) 
Such a Fideicommissum was called Taciturn, and 
when made in the way described was said to be 
" in fraudem legis," designed to evade the law. If 
it was made openly {palam), this was no fraus, 
and though the fideicommissum might be invalid 
on account of the incapacity of the fideicommis- 
sarius to take, the penalty of the lex did not apply. 
It does not appear certain whether this provision 
as to the confiscation was contained in the original 
Lex or added by some subsequent Senatusconsul- 
tum. However this may be, the fiduciarius still 
retained his Quarta. But a Senatusconsultum men- 
tioned by Ulpian {Frag, tit.xxv. s. 17) enacted that 
if a man undertook to perform a taciturn fideicom- 
missum, he lost the Quadrans or Quarta [Fidei- 
commissum], nor could he claim what was 
Caducum under the Testamenta, which as a general 
rule he could claim if he had children. [Legatum ; 
Bona Caduca.] This Senatusconsultum, it ap- 
pears from an extract in the Digest (35. tit. 2. 



SENATUSCOXSULTUM. 



SEXATUSCOXSULTUM. 1027 



b. 59), was the Plancianum, or Plautianum, for 
the reading is doubtful ; and in this passage it is 
stated that the Fourth, which the Fiduciarius was 
not allowed to retain, was claimed for the Fiscus 
l>y a Rescript of Antoninus Pius. The penalty for 
the fraud only applied to that part of the property 
to which the fraud extended, and if the heres was 
heres in a larger share of the hereditas than the 
share to which the fraus extended, he had the 
benefit of the Falcidia for that part to which the 
fraus did not extend, which is thus expressed by 
Papinian (Dig. 34. tit. 9. s. 11), "sed si major 
modus institutionis quam fraudis fuerit quod ad 
Falcidiam attinet, de supcrfluo quarta retinebitur." 
The history of legislation on the subject of Tacita 
fidcicommissa is not altogether free from some 
doubt 

Pla dtianum. [Plancianum.] 

Rlbriancm, enacted in the time of Trajan, in 
the consulship of Rubrius Gallus and Q. Coelius 
Hispo (probably consules sutTecti) A. D. 101, related 
to fideicommissa libertas. Its terms are given in 
the Digest (40. tit. 5. s. 26) : u Si hi a quibus li- 
bertatem praestari oportet cvocati a Praetore adesse 
noluisscnt. Si causa cognita Praetor pronuntiassct 
libertatem bis debcri, codem jure statum servari 
ac si dirccto manumissi csscnt" Compare Plin. 
Bp. iv. 9, ad Ursum with the passage in the 
Digest 

Sabixianum, of uncertain date, but apparently 
after the time of Antoninus Pius. It related to 
the rights of one of three brothers who had been 
adopted, to a portion of the hereditas contra tabiilas 
testomenti. (Cod. 8. tit 48. s. 10 ; Inst 3. tit. 1.) 

Sii.anianum, probably passed in the time of 
Augustus in the consulship of P. Cornelius Dola- 
bella and C. Junius Silanus A. n. 10, contained 
various enactments. It gave freedom to a slave 
who discovered the murderer of his master. If 
a master was murdered, all the slaves who were 
under the roof at the time, if the murder was com- 
mitted under a roof, or who were with him in any 
place at the time of the murder, were put to the 
torture, and, if they had not done their best to 
defend him, were put to death. Tacitus (Ann. 
xiv. 42) refers to this provision of the Senatuscon- 
siiltinn, and he uses the phrase "vetcrc ex more." 
Lipsius (note on this passage) refers to Cicero 
(mi Fam. iv. 12). Servi Impubcres were ex- 
cepted from this provision of the Senatusconsultum. 
(Dig. 29. tit. 5. «. 14.) The heres who took pos- 
session of the hereditas of a murdered person be- 
fore the proper inquiry was made, forfeited the 
herediuu, which fell to the Fiscus : the rule was 
the same whether being heres ex tesUimcuto he 
opened the will (tnlmlur u-slnmruli) ln-f .n- tin- in- 
quiry was made, or whether bring hcrei ab intes- 
tato, he took possession of the herediuu (whit he- 
nditatan) or obtained the Bonorum Possessio ; he 
was also subjected to a heavy pecuniary penalty. 
A Scnatiisconsultuni passed in the consulship of 
Taurus nnd Lepidus a. n. II, enacted that the 
penalty for opening the will of n murdered person 
could not be indicted after five years, except it wiu 
a cose of parricide to which this temporis praescrip- 
tio did not apply. (Pnulus, 8. It. iii. tit 5 ; Dig. 
29. tit 5 ; Cod. 6. tit. 35.) 

Tkuti i.i.ianum is stilted in the Institutes of 
Justin inn (3. tit. 3) to have been enniteil in the 
IfalMof Hadrian, in the consulship of Tertiillus nnd 
Saccrdos ; but some critics, notwithstanding this, 



would refer it to the time of Antoninus Pius. 
This Senatusconsultum empowered a mother, whe- 
ther Ingenua or Libertina, to take the Legitima 
hereditas of an intestate son ; the Ingenua, if she 
was or had been the mother of three children ; the 
Libertina, if she was or had been the mother of 
four children. They could also tike, though they 
neither were nor had been mothers, if they had 
obtained the Jus Liberorum by Imperial favour. 
Several persons however took precedence of the 
mother ; the sui heredes of the son, those who 
were called to the Bonorum Possessio as sui 
heredes, the father, and the fratcr consanguineus. 
If there was a soror consanguinea, she shared with 
her mother. The Senatusconsultum Orphitianum 
gave the children a claim to the hereditas of the 
mother. 

(Ulp. Fraq. tit xxvi. ; Paulus, 5. It. iv. tit 9 ; 
Dig. 38. tit. 17.) 

Trebelliantm, enacted in the time of Xero 
in the consulship of L. Annaeus Seneca and Tre- 
bellius Maximus A. D. 62, related to Fideicommis- 
sac hereditates. 

(Fideicommissum ; Gaius, ii. 251, 253 ; Dig. 
36. tit 1 ; Paulus, 8. Ii. iv. tit 2.) 

Ti'KPlMANLM, enacted in the time of Nero in 
the consulship of Cacsonius Paetus and Petronius 
Turpillus a. D. 61, was against praevaricatio or the 
collusive desisting from prosecuting a criminal 
charge. The occasion of this Senatusconsultum 
and the terms of it are stated by Tacitus (Ann. 
xiv. 14): "qui talem operant eniptitisset, vendi- 
dissctve, perinde poena tenerctur ac publico judicio 
calumniae condemnaretur." The definition of a 
praevaricator is given in the Digest (48. tit. 1 6. s. 
I. Ad Senatusconsultum Turjiiliununi). 

Veli.kian'.m rendered void all intercessiones by 
women, whether they were on behalf of males or 
females. This Senatusconsultum was enacted in 
the consulship of Marcus Silanus and Vellcius 
Tutor, as appears from the preamble of the Sena- 
tusconsultum (Dig. 16. tit 1), and it appears most 
probably to have been passed in the reign of Claudius 
from the words of Ulpian in his comment upon 
it. The name of Velleius Tutor does not occur in 
the Fasti Consulates, and he may lie a consul guf- 
fectus. The name of M. Silanus occurs as consul 
in the reign of Claudius, and the colleague of 
Valerius Asiaticus, A. n. 46. (Dion Cass. lx. 27.) 
riNTERCE.ssio.] Iii the year A. D. 1.9, according 
to the Fasti a M. Silanus was also consul ; his 
colleague nrrordii.g to tin- Fasti was I,. N urban us 
Ilalhus, and this agrees with Tacitus (Ann. ii. 59). 

Vithamam M ii assigned to the reign of Ves- 
pasian, but the time is very uncertain. It re- 
lated to Fideicommissa Libertas. (Dig. 40. tit 5. 
s. 30.) 

VotfSlAM'M, ennctcd in the reign of Xero in 
the consulship of (>. Volusius Saturninus nnd P. 
Cornelius Scipio, a. ii. 56. It contained a provi- 
sion against pulling down a domm or villa for the 
sake of profit ; but the object of this lnw seems 
ruber obscure : it is referred to, without the nnmo 
being given, in tin- Digest (III. tit. 1. ». 52. Senutus 
remuit, \mt> Tacitus (Ann. xiii. 28) mentions a 
SeiiatusconsiiUum in this consulship which limited 
the power of the Aedilrs: "quantum curules, 
quantum plcbeii pignoris rnperent, vel poenne irro- 
car. nt." A Seniitusconsultuin Volusinnum (if tho 
nnme is right) ennrted that persons should be liable 
to the |ienaltica of tin' Lex Julia dc vi privntn, 
3 V 1 



1028 



SERICUM. 



SERICUM. 



who joined in the suit of another person with the 
bargain that they should share whatever was 
acquired by the conderanatio. (Dig. 48. tit. 7. 
s. 6.) [G. L.J 

SENIO'RES. [Comitia, p. 333.] 
SEPTA. [Comitia, p. 336, b.] 
SEPTEMVIRI EPULO'NES. [Epulones.] 
SEPTIMATRUS. [Quinquatrus.] 
SEPTIMO'NTIUM, a Roman festival which 
was held in the month of December. It lasted 
only for one day {dies Septimontium, dies Scptimon- 
tialis). According to Festus (s. v. Septimontium), 
the festival was the same as the Agonalia ; but 
Scaliger in his note on this passage has shown 
from Varro (de Ling. Lat. vi. 24) and from Ter- 
tullian (de Idolol. 10), that the Soptimontium 
must have been held on one of the last days of 
December, whereas the Agonalia took place on the 
tenth of this month. The day of the Septimontium 
was a dies feriatus for the montani, or the inhabit- 
ants of the seven ancient hills or rather districts of 
Rome, who offered on this day sacrifices to the 
gods in their respective districts. These sacra 
(sacra pro montibus, Fest. s. v. Publica sacra) were, 
like the paganalia, not sacra publica, but privata. 
(Varro, I. c. ; compare Sacra.) They were believed 
to have been instituted to commemorate the en- 
closure of the seven hills of Rome within the walls 
of the city, but must certainly be referred to a 
time when the Capitoline, Quirinal, and Viminal 
were not yet incorporated with Rome. (Compare 
Columella, ii. 10 ; Suet. Dom.it. 4 ; Plut. Qtiaest. 
Rom. 68 ; Niebuhr, Hist, of Rome, vol. i. p. 389, 
&c.) [L.S.] 
SEPTUNX. [As, p. 140, b.] 
SEPULCRUM. [Funus, p. 560, b.] 
SEQUESTRES. [Ambitus.] 
SERA. [Janua, p.626,b.] 
SE'RICUM (oTjpiKoV), silk, also called bom- 
bycinum. The first ancient author who affords 
any evidence respecting the use of silk, is Aristotle 
(H. A. v. 19). After a description, partially cor- 
rect, of the metamorphoses of the silkworm (bombyx, 
Martial, viii. 33), he intimates that the produce of 
the cocoons was wound upon bobbins by women 
for the purpose of being woven, and that Pamphile, 
daughter of Plates, was said to have first woven 
silk in Cos. This statement authorizes the conclu- 
sion, that raw silk was brought from the interior 
of Asia and manufactured in Cos as early as the 
fourth century B.C. From this island it appears that 
the Roman ladies obtained their most splendid 
garments [Coa Vestis], so that the later poets 
of the Augustan age, Tibullus (ii. 4), Propertius 
(i. 2, ii. 1, iv. 2, iv. 5), Horace (Cann. iv. 13. 13, 
Sat. i. 2. 101), and Ovid (AH. Amat. ii. 298), 
adorn their verses with allusions to these elegant 
textures, which were remarkably thin, sometimes 
of a fine purple dye (Hor. //. cc.), and variegated 
with transverse stripes of gold. (Tibull. ii. 6.) 
About this time the Parthian conquests opened a 
way for the transport into Italy of all the most 
valuable productions of central Asia, which was 
the supposed territory of the Seres. The appear- 
ance of the silken flags attached to the gilt stand- 
ards of the Parthians in the battle fought in 54 
B. c. (Floras, iii. 11 ), must have been a very strik- 
ing sight for the army of Crassus. 

The inquiries of the Romans respecting the 
nature of this beautiful manufacture led to a very 
general opinion that silk in its natural state was a 



thin fleece found on trees. (Virg. Georg. ii. 121 ; 
Petron. 1 1 9 ; Seneca, Hippol. 386; Festus Avie- 
nus, 935 ; Sil. Ital. Pun. vi. 4, xiv. 664, xvii. 
596.) An author, nearly contemporary with 
those of the Augustan age already quoted (Dio- 
nysius Periegetes, 755), celebrates not only the 
extreme fineness and the high value, but also the 
flowered texture of these productions. The cir- 
cumstances now stated sufficiently account for the 
fact, that after the Augustan age we find no 
further mention of Coan, but only of Seric webs. 
The rage for the latter increased more and more. 
Even men aspired to be adorned with silk, and 
hence the senate early in the reign of Tiberius 
enacted " Ne vestis Serica viros foedaret." (Tac. 
Ann. ii. 33 ; Dion Cass. lvii. 15 ; Suidas, s. v. 
Tigepios.) 

In the succeeding reigns, we find the most 
vigorous measures adopted by those emperors 
who were characterized by severity of manners, 
to restrict the use of silk, whilst Caligula and 
others, notorious for luxury and excess, not only 
encouraged it in the female sex, but delighted to 
display it in public on their own persons. (Suet. 
Calig.52; Dion Cass. lix. 12; see also Joseph. 
B. J. vii. 5. § 4.) Shawls and scarves, interwoven 
with gold and brought from the remotest East, 
were accumulated in the wardrobe of the Empress 
during successive reigns (Martial, xi. 9), until in 
the year 176 Antoninus, the philosopher, in conse- 
quence of the exhausted state of his treasury, sold 
them by public auction in the Forum of Trajan 
with the rest of the imperial ornaments. (Capitol. 
in vita, 17.) At this period we find that the 
silken texture, besides being mixed with gold 
(xpvo-6iruo-Tos, xpvcrovcfrris), was adorned with em- 
broidery, this part of the work being executed 
either in Egypt or Asia Minor. (Niloiis, Maeonia, 
acus, Lucan, x. 141 ; Seneca, Here. Oct. 664.) The 
Christian authors from Clemens Alexandrinus 
(Paedag. ii. 10) and Tertullian (de Pallio, 4) 
downwards discourage or condemn the use of silk. 
Plutarch also dissuades the virtuous and prudent 
wife from wearing it (Conj. Praec. p. 550, vol. vi. 
ed. Reiske), although it is probable that ribands 
for dressing the hair (Martial, xiv. 24) were not 
uncommon, since these goods (Serica) were pro- 
curable in the vicus Tuscus at Rome (xi. 27). 
Silk thread was also imported and used for various 
purposes. (Galen, Ilepl Ai&yv. vol. vi. p. 533, ed. 
Chartier.) 

Although Comraodus in some degree replenished 
the palace with valuable and curious effects, in- 
cluding those of silk (Capitol. Pertin. 8), this arti- 
cle soon afterwards again became very rare, so that 
few writers of the third century make mention of 
it. When finely manufactured, it sold for its 
weight in gold, on which account Aurelian would 
not allow his empress to have even a single shawl 
of purple silk (pallio blatteo serico, Vopisc. Aurel. 
45). The use of silk with a warp of linen or wool, 
called tramoseriea and subserica, as distinguished 
from holoserica, was permitted under many restric- 
tions. About the end, however, of the third cen- 
tury, silk, especially when woven with a warp of 
inferior value, began to be much more generally 
worn both by men and women ; and the conse- 
quence was that, in order to confine the enjoyment 
of this luxury more entirely to the imperial family 
and court, private persons were forbidden to en- 
gage in the manufacture, and gold and silken bor- 



SERRA. 

ders ( paragauilae) were allowed to be made only 
in the imperial gynaecea. [Paragaida.] 

The production of raw silk (/icVa^a) in Europe 
was first attempted under Justinian, a. n. 530. 
The eggs of the silk vorm were conveyed to Byzan- 
tium in the hollow stem of a plant from " Serinda," 
which was prob: bly Khotan in Little Bucharia, by 
some monks, who had leamt the method of hatch- 
ing and rearing them. The worms were fed with 
the leaf of the Black or Common Mulberry (<rvxa- 
Hivos. Procop. IS. Got/t. it* 17; Glycas, Ann. iv. p. 
200 ; Zonar. Ann. xiv. p. 69, ed. l)u Cange ; Phot. 
Dihl. p. 80, ed. Roth.). The cultivation both of 
this species and of the White Mulberry, the breeding 
of silk-worms, and the manufacture of their pro- 
duce, having been long confined to Greece, were at 
length in the twelfth century transported into 
Sicily, and thence extended over the south of Eu- 
rope. (Otto Frisingen, Hist. Imp. Ereder. i. 33 ; 
Man. Comnenus, ii. 8.) The progress of this im- 
portant branch of industry was however greatly 
impeded even in Greece both by sumptuary laws 
restricting the use of silk except in the church ser- 
vice or in the dress and ornaments of the court, 
and also by fines and prohibitions against private 
silk mills, and by other attempts to regulate the 
price both of the raw and manufactured article. 
It was at one time determined that the business 
should be carried on solely by the imperial trea- 
surer. Peter Barsamcs, probably a Phoenician, 
held the office, and conducted himself in the most 
oppressive manner, so that the silk trade was ruined 
both in Byzantium and at Tyre and Bcrytus, whilst 
Justinian, the empress Theodora, and their trea- 
surer amassed great wealth by the monopoly. 
(Procop. Hist. Arean. 25.) The silks woven in 
Europe previously to the thirteenth century were 
in general plain in their pattern. Many of those 
produced by the industry and taste of the Seres, 
i. e. the silk manufacturers of the int rior of Asia, 
were highly elaborate, and appear to have been 
very similar in their patterns and style of ornament 
to the Persian shawls of modern times. [J. Y.] 

SERRA, dim. 8ERRULA (irp!wv),a.Kiw. It 
was made of iron (jWrea, Non. Marc. p. 223, 
ed. Merccri ; dr. fi-rru lamina, laid. Oriff. xix. 19; 
Virg. Otorg. i. 113). The form of the larger saw 
used for cutting timber is seen in the annexed 
woodcut, which is taken from a miniature in the 
celebrated Dioscoridca written at the beginning of 
tbt -itth century. (Montfaucon, Pal. Grate, p. 
901 | It is of the kind which we call the frame- 
snw, because it is fixed in a n-ctangular frame. It 
whs held by a workman (serrarius. Sen. Eput. 
57) at each end. The line was used to mark the 
timber in order to guide the saw (Sen. Epist. 

; nnd its movement was facilitated by driving 
wedges with a hammer between the planks (trnurs 
tubular) or rafters (traUt). (C'orippus, dr. hiwl. 
■/nil. iv. 4.5— 18.) A similar representation of the 
DM of the frame-saw is given in a painting found 
at llerculaneum, the operators being winged genii, 
ns in this woodcut (Ant. d'Ercol. i. tav. 34) ; but 
in a bas-relief published by Micali (flat. av. U 
Ikim. ilri Hum. tav.49) the two »aw vera wear tunics 
girt round the waist like that of the ship-builder in 
tin- woodcut at p. 1 11. The woodcut here intro- 
duced also shows the blade of the saw detached 
from its frame, with a ring at each end for fixing 
it in the frame, and exhibited on a funereal monu- 
ment published by Grutcr. On each side of the 



SERTA. 



1029 




if 

S 



n 



last-mentioned figure is represented a hand-saw 
adapted to be used by a single person. That on 
the left is from the same funereal monument as the 
blade of the frame-saw : that on the right is the 
figure of an ancient Egyptian saw preserved in the 
British Museum. These saws (scrru/ae mantt- 
briatue) were used to divide the smaller objects. 
Some of them, called tupi, had a particular shape, 
by which they were adapted for amputating the 
branches of trees. (Pallad. tie lie Rust, i. 43.) 

St. Jerome (in Is. x.xviii. 27) seems clearly to 
allude to the circular saw, which was probably used, 
as at present, in cutting veneers (laminae praetenues, 
Plin. H.N. xvi. 43. s. 84). We have also inti- 
mations of the use of the centre-bit, and we find 
that even in the time of Cicero (pro Cluent. 64) it 
was employed by <hieves. 

Pliny (//. N. xxxvi. 22. s. 44) mentions the use 
of the saw in the ancient Belgium for cutting 
white building-stone : some of the oolitic and cre- 
taceous rocks are still treated in the same manner 
both in that part of the continent and in the south 
of England. In thi9 case Pliny must be understood 
to speak of a proper or toothed saw. The saw 
without teeth was then used, just as it is now, by 
the workers in marble, and the place of teeth was 
supplied, according to the hardness of the stone, 
either by emery or by various kinds of sand of in- 
ferior hardness. (Plin. //. A', xxxvi. 6. s. 9.) In 
this manner the ancient artificers were able to cut 
slabs of the hardest rocks, which consequently 
were adapted to receive the highest polish, such 
as granite, porphyry, lapis-lazuli, and amethyst. 

[MoLA ; PaHIKN.] 

The saw is an instrument of high antiquity, its 
invention being attributed either to Daedalus 
(Plin. //. N. vii. 56 ; Sen. Eput. 90), or to his 
in phew Pi nlix ( Mycin. Enh. 274 ; Ovid. Met. vii.. 
246) [C.rcinuh], also called Tnlos, who, having 
found the jaw of a serpent and divided a piece of 
nond with it, was led tn imitate the teeth in iron. 
(Dm. Sic iv. 76 ; Apollodor. iii. 15.) In n Ims- 
relicf published by Winckelmann (Man. Ined. ii. 
fig. 94), Daedalus is represented holding a saw 
approaching u-ry chm-ly in form tn the Kgyptian 
saw above delineated. [J. Y.] 

SKKRATI N I 'MM I. [ Dknahii'k, p. 394, a.] 
SKRTA, used only in the plurnl (oW/yio, 
(TTHpdfuna), a festoon or gnrland. The nrt of 
weaving wreaths [Corona |, garlands, and fes- 
toon«, employed a distinct class of [H-rsons (mro- 

nimt and rtirtitiariar ; a -«.;, '■' > B •' 6kqi, Thcophmst. 

// /'. rL 8. | 1 ; Plin. //. .V. xxi. 2. i. 3, or 
mtipavaxKAicoi), who endeavoured to combine all 
the most beautiful varieties of leaves, of (lowers, 
3 v 3 



1030 



SERTA. 



SERVITUTES. 



and of fruits, so as to blend their forms, colours, 
and scents (Virg. Copa, 14, 35) in the most agree- 
able manner. The annexed woodcut taken from a 
sarcophagus at Rome (Millin, Gal. Myth. ii. 100), 
shows a festoon adapted to be suspended by means 
of the fillets at both ends. Its extremities are 
skilfully encased in acanthus-leaves : its body con- 
sists apparently of laurel or bay, together with a 
profusion of fruits, such as apples, pears, pome- 
granates, bunches of grapes, and fir-cones. At 
Athens there was a market, called <TTetpavow\6Kiov 




for the manufacture and sale of this class of pro- 
ductions, the work being principally performed by 
women and girls. (Aristoph. T/iesm 455.) 

When a priest was preparing a sacrifice, he often 
appeared with a festoon intended to be placed on 
the door of the temple (festa fronde, Virg. Aen. ii. 
249 ; variis sertis,\v. 202 ; Juv. xii. 84 ; Lucan, ii. 
354), on the front of the altar (Virg. Aen. i. 417) 
or upon the head of the victim. Thus in the Iliad 
(i. 14, 28), Chryses besides the gilded sceptre 
which denoted his office and authority carries a 
garland in honour of Apollo, which was probably 
wound about the sceptre. (See also Aristoph. Av. 
894, Pax, 948 ; Callim. Hymn, in Cer. 45.) The 
act here described is seen in the annexed woodcut, 
which is taken from a bas-relief in the collection 
of antiques at Ince-Blundell, and represents a 
priestess carrying in her two hands a festoon to 
suspend upon the circular temple which is seen in 
the distance. As the festoons remained on the 




temples long after their freshness had departed, 
they became very combustible. The temple of 
Juno at Argos was destroyed in consequence of' 



their being set on fire. (Thuc. iv. 133. § '2 ; 
Paus. ii. 17. § 7.) The garlands on funereal monu- 
ments hung there for a year, and were then re- 
newed. (Tibull. ii. 4. 48, 7. 32 ; Propert. iii. 16. 
23.) The funeral pile was also decorated in a 
similar manner, but with an appropriate choice of 
plants and flowers. (Virg. Aen. iv. 506.) 

Festoons were placed upon the door-posts of 
private houses in token of joy and affection (Tibull. 
i. 2. 14) more especially on occasion of a wedding. 
(Lucan, ii. 354.) They were hung about a palace 
in compliment to the wealthy possessor (insertabb 
eoronis atria, Prudent, in Symm. ii. 726) : and on 
occasions of general rejoicing the streets of a city 
were sometimes enlivened with these splendid and 
tasteful decorations. (Martial, vi. 79. 8.) 

The smaller garlands or crowns, which were 
worn by persons on the head or round the neck, 
are sometimes called serta. (Tibull. i. 7. 52.) The 
fashion of wearing such garlands suspended from 
the neck, was adopted by the early Christians. 
(Min. Felix, 38.) [J. Y.] 

SERVIA'NA ACTIO. [Pignus.] 
SE'RVITUS. [Sbrvus.] 
SERVITUDES. The owner of a thing can 
use it in all ways consistent with his ownership, 
and he can prevent others from using it in any way 
that is inconsistent with his full enjoyment of it as 
owner. If the owner's power over the thing is 
limited either way, that is, if his enjoyment of it 
is subject to the condition of not doing certain acts 
in order that some other person may have the 
benefit of such forbearance, or to the condition of 
allowing others to do certain acts, which limit his 
complete enjoyment of a thing, the thing is said 
" servire " to be subject to a " servitus." Hence 
when a thing was sold as " optima maxima," this 
was legally understood to mean that it was war- 
ranted free from Servitutes. (Dig. 50. tit. 16. 
s. 90. 1 69 ; compare Cic. de Leg. Ayr. iii. 2.) The 
existence of a Servitus must be proved : the pre- 
sumption is that the ground is free (liber) till it 
is shown to be servient. Servitutes are also in- 
cluded in the terms " Jura," and " Jura in Re," 
and these terms are opposed to Dominium or com- 
plete ownership. He who exercises a Servitus 
therefore has not the animus domini, not even in 
the case of ususfructus, for the Ususfructuarius is 
never recognized as owner in the Roman Law. The 
technical word for ownership, when the ususfructus 
is deducted from it, is Proprietas. 

A man can only have a right to a servitus in 
another person's property ; and a servitus can only 
be in a corporeal thing. Viewed with respect to 
the owner of the thing, a Servitus either consists 
in his being restrained from doing certain acts to 
his property, which otherwise he might do (ser- 
vitus quo,e in non faciendo consistit ; Servitus nega- 
tiva) ; or it consists in his being bound to allow 
some other person to do something to the property, 
which such person might otherwise be prevented 
from doing (servitus quae in patiendo consistit; 
Servitus affirmativa). A Servitus never consists in 
the owner of the servient property being obliged to 
do any act to his property, though he may be under 
an obligatio to do acts which are necessary towards 
the enjoyment of the Servitus. (Dig. 8. tit. 1. s. 
15 ; Puchta, Inst. i. § 252, note e.) 

There were two classes of Servitutes. Either 
they had for their subject a definite person, who 
could exercise the right, in which case they were 



SERVITUTES. 



SERVITUTES. 



1031 



called Persona!, Personarum ; and they ceased 
with the death of the p -rson : the expression 
" personalis servitus " was used. (Dig. 34. tit. 3. 
s. 8. § 3.) Or they had for their subject another 
piece of property, as a house or land, and the per- 
son who exercised the Servitus exercised it in re- 
spect of his right to the house or land, which was 
its subject. Servitutes of the latter kind were 
called Praedial, Servitutes Pracdiorum or Rerum, 
or Jura Praediorum (Gaius, ii. 1 7. 29 ; Dig. 8. tit. 
1. s. 1) ; and with reference to their special kinds, 
Jura aquarum, &c. (Cic. pro Caecin. '26.) 

The exercise of Personal Servitutes, of which 
Usus and Ususfructus were the principal, was al- 
ways connected with the natural possession of the 
thing ; and consequently the Quasi Possessio of 
such Servitutes had a close resemblance to Posses- 
sio. [Possessio.] Servitutes of this class consisted 
solely " in patiendo." 

Praedial servitutes consisted both " in patiendo," 
and 14 in non faciendo." Those which consisted 
" in patiendo " comprised either such acts as a per- 
son might do, by virtue of the Servitus, which acts 
had only mediately a reference to another piece of 
land, as in the case of a Jus Itineris ; or such acts 
as a man might do, with immediate reference to 
another piece of land, as Jus tigni immittendi, 
and the like. Those which consisted ** in non 
faciendo" on the part of the owner were acts 
which another possessor of a piece of land could 
require the owner of the servient property not to 
do, but which except for the servitus, the owner 
might do. 

Personal servitutes were Usus, Usisprictis, 
Habitatio, and Operae scrvorum et Animalium. 

llabitatio or the right of living in another per- 
son's house resembled the ususfructus or usus 
aedium. Out it was not lost as ususfructus and 
usus were, by capitis diminutio or neglect t» exer- 
cise the right. Also, it consisted in the right to 
inhabit some definite part of a house only, and not 
the whole ; the habitatio could be sold or let. If 
it was a donatio inter vivos, it could be set aside 
by the heredes of the giver. (Dig. 7. tit 8. De 
I '.,« < t Habkatiaie ; Dig. 39. tit. 5. s. 27, 32 ; 
Inst 2. tit 5.) 

Opems servorum ct animalium consisted in a 
man having a right to the use and services of 
another person's slave or beast so long as the slave 
or beast lived. The servitus continued after the 
death of the person entitled to it, and was not lost 
by a capitis diminutio nor by neglect to exercise it 
This is called by (iaius (ii. 32) " the Ususfructus 
hominum et ceternnun animalium." 

Praedial Servitutes imply the existence of two 
contiguous pieces of land (prardiu), one of which 
owes a servitus to the other (trrrilutem deljrt, 
priudium, J'iinilu.% serrirns) ; and the servilus is 
said to be due (dr/rri) from the on • to the other. 
The name of praedium dominans which is now 
often used to designate the praedium to which the 
servitus is due, is a modern invention. It is of 
the nature of a Servitus to be an ad van tig- to the 
land to which it belongs: it must be something 
that in some way increases its value. It mint also 
he ii thing that is permanently to the advantage of 
the dominant praedium ; for it is said " omnes ser- 
^ Itutet praediorum perp>tnas causa* habere debent " 
(I'aiilus, Dig. 8. tit. 2. s. 8), which means there ii 
n continuous adaptation of the servient to the use 
fif the dominant tenement The Servitus is con- 



sidered as belonging to the dominant praedium in 
such a sense that it cannot be alienated without 
the praedium nor pledged nor let 

Praedial Servitutes were either Praediorum Ur- 
banorum or Rusticorum. But the word Servitus 
has a double meaning, according as we view it as a 
right or a duty. The Servitus of a Praedium Rus- 
ticum or Urbanum is, in the former sense, the 
servitus which belongs to a particular Praedium, as 
a right : in the latter sense it is the servitus which 
some particular Praedium owes, as a duty. When 
the two Praedia are contemplated together in their 
mutual relations of right and duty, the word Ser- 
vitus expresses the whole relation. Servitutes Ur- 
banae are those which are for the advantage of an 
edifice as such, whether the advantage is derived 
from another building or simply a piece of land ; 
Rusticae are those which are for the advantage of 
a piece of ground, as such, and mainly for the 
benefit of agriculture. " Urbanum praedium non 
locus facit, sed materia." (Ulp. Dig. 50. tit. lfi. 
s. 1 98.) 

The following are the principal Servitutes Ur- 
banae : — 1. Oneris fcrendi, or the right which a 
man has to use the edifice or wall of his neighbour 
to support his own edifice. The owner of the 
servient property was consequently bound to keep 
it in repair so that it should be adequate to dis- 
charge its duty. (Dig. 8. tit. 5. s. 6.) 2. Tigni 
immittendi, or the right of planting a beam in or 
upon a neighbour's wall. 3. Projiciendi, or the 
right of adding something to a man's edifice, though 
it shall project into the open space which is above 
his neighbour's grounds. 4. Stillicidii, or lluminis 
recipiendi or immittendi. This servitus was either 
a right which a man had for the rain water to run 
from his house upon and through his neighbour's 
premises, or a right to draw such water from his 
neighbour's premises to his own. The technical 
meaning of Stillicidium is rain in drops ; when 
collected in a flowing bod)- it is Flumen. (Varro, 
de Limj. Lai. v. 27, cd. MUller j Cic. de Or. i. 
38.) 5. Altius non tollendi, or the duty which a 
man owed not to build his house higher than its 
present elevation, or the duty of the owner of a 
piece of land not to raise his edifice above a cer- 
tain height, in order that the owner of some 
other house might have the advantage of such 
forbearance. If a man was released from this 
duty by his neighbour, he obtained a new right, 
which was the Jus altius tollendi. In like man- 
lier, a man whose ground was released from tin; 
Servitus Stillicidii, was said to have the servitus 
stillicidii non recipiendi. This was not strictly 
accurate language, for if a servitus is defined to be 
some limitation of the usual rights of ownership, a 
recovery of these rights or a release from the duties 
which is implied by the possession of these rights 
by another, merely gives the complete exercise of 
ownership and so destroys all notion of a Servitus. 
Still such was the language of the Unman Jurists, 
and accordingly we find enumerated among the 
I'rhanae Servitutes (Dig. 8. lit. 2. s. 2), " Stilli- 
cidium avcrtendi in tectum vrl nreaui vicini nut 
non nvcrtendi." (>. Servitus tie I.uminibus, and ne 
Prospectui otficintur, or the duty which n man owes 
to his neighbour's land not to obstruct his light 01 
his prospect (see (inius, ii. .'II ; (V. de Or. i. 39) ; 
and Servitus I.iiininiini or Prnspe. tus, or the duty 
of a man to allow his neighbour to make openings 
into Ins |.r.-nine., .n m a cnnimii wall for instance, 
3 D 4 



1032 



SERVITUTES. 



SERVITUTES. 



to get light or a prospect. It was a Servitus the 
object of which was to procure light, whereas the 
ne officiatur was to prevent the destroying of light. 
(Dig. 8. tit. 2. s. 4. 40.) But there are different 
opinions as to the meaning of Servitus Luminum. 
7. Servitus Stercolinii, or the right of placing dung 
against a neighbour's wall, &c. 8. Servitus fumi 
immittendi, or the right of sending one's smoke 
through a neighbour's chimney. 9. Servitus cloacae, 
or the right to a drain or sewer from a man's land 
or house through a neighbour's land or house. 

The following are the principal Servitutes Rus- 
ticae : — 1. Servitus Itineris, or the right to a foot- 
path through another man's ground or to ride 
through on horseback or in a sella or lectica, for a 
man in such cases was said ire and not agere. 
Viewed with reference to the person who exercised 
the right, this Servitus was properly called Jus 
eundi. (Gaius. iv. 3.) 2. Actus or Agendi, or the 
right of driving a beast or carriage through another 
man's land. 3. Viae or the right eundi et agendi 
et ambulandi. Via of course included the other 
two Servitutes ; and it was distinguished from them 
by its width, which was defined by the Twelve 
Tables. (Dig. 8. tit. 3. s. 8.) The width of an 
Iter or Actus might be a matter of evidence, and 
if it was not determined, it was settled by an 
arbiter. If the width of a Via was not determined, 
its width was taken to be the legal width (latitudo 
legitima). In the work De Coloniis, attributed to 
Frontinus, the phrase " iter populo debetur or non 
debetur" frequently occurs. When " iter debetur" 
occurs, the width of the iter is given in feet. It 
seems that in the assignment of the lands in these 
instances, the lands were made " servire populo," 
for the purposes of a road. 4. Servitus pascendi 
or the right of a man in respect of the ground to 
which his cattle are attached, to pasture them 
on another's ground. 5. Servitus aquaeductus or 
ducendi aquam per fundum alienum. There were 
also other Servitutes as Aquae haustus, Pecoris 
ad aquam appulsus, Calcis coquendae, and Arenae 
fodiendae. If a Publicus locus or a Via publica 
intervened, no servitus aquaeductus could be im- 
posed, but it was necessary to apply to the Prin- 
ceps for permission to form an aquaeductus across 
a public road. The intervention of a Sacer et 
religiosus locus was an obstacle to imposing an 
Itineris servitus, for no Servitus could be due to 
any person on ground which was sacer or reli- 
giosus. 

A Servitus Negativa could be acquired by mere 
contract ; and it seems the better opinion that a 
Servitus Affirmativa could be so acquired, and that 
quasi possessio, at least in the later periods, was 
not necessary in order to establish the Jus Servi- 
tutis, but only to give a right to the Publiciana in 
rem actio. (Gaius, ii. 30, 31 ; Savigny, Das Recht 
des Besitzes.) The phrases " aquae jus consti- 
tuere," " servitutem fundo imponere," occur (Cic. 
ad Quint, iii. 1. c. 2). According to Gaius, Servi- 
tutes Urbanae could only be transferred by the 
In jure cessio : Servitutes Rusticae could be trans- 
ferred by Mancipatio also. (Gaius, ii. 29.) 

A Servitus might be established by Testament 
{Servitus Legata, Dig. 33. tit. 3), and the right to 
it was acquired when the " dies legati cessit " 
TLegatum] ; but tradition was necessary in order 
to give a right to the Publiciana in rem actio. A 
Servitus could be established by the decision of a 
iudex in the Judicium Familiae erciscimdae, Coni- 



muni dividundo, and in a case where the Judex 
adjudicated the Proprietas to one and the Usus- 
fructus to another (Dig. 7. tit. 1. s. 6). Servitutes 
could also be acquired by the Praescriptio longi 
temporis. (Cod. 7. tit. 33. s. 12.) An obscure and 
corrupt passage of Cicero (ad Att. xv. 26) seems 
to allude to the possibility of acquiring a right to a 
Servitus by use ; as to which a Lex Scribonia made 
a change. [Lex Scribonia.] Quasi servitudes were 
sometimes simply founded on positive enactments, 
which limited the owner of a property in its enjoy- 
ment (Nov. 22. c. 46. s. 2) ; and others were con- 
sidered as " velut jure impositae " (Dig. 39. tit. 3. 
s. 1. § 23 ; and Dig. 43. tit. 27, De Arboribus 
Caedendis.) 

A Servitus might be released (rentitti) to the 
owner of the Fundus serviens (Dig. 8. tit. 1. s. 14) ; 
or it might be surrendered by allowing the owner 
of the Fundus Serviens to do certain acts upon it, 
which were inconsistent with the continuance of 
the Servitus. (Dig. 8. tit. 6. s. 8.) If both the 
dominant and the servient land came to belong to 
one owner, the Servitutes were extinguished ; 
there was a Confusio. (Dig. 8. tit. 6. s. 1.) If the 
separate owners of two separate estates, jointly 
acquired an estate which was servient to the two 
separate estates, the Servitutes were not extin- 
guished ; but they were extinguished if the joint 
owners of a dominant estate, jointly acquired the 
servient estate. (Dig. 8. tit. 3. s. 27.) A usu- 
fructus was extinguished when the Usufructua- 
rius acquired the Proprietas of the thing. A 
Servitus was extinguished by the extinction of the 
object, but if the servient object was restored, the 
servitus was also restored. (Dig. 8. tit. 2. s. 20 ; 
tit. 6. s. 14.) A servitus was extinguished by the 
extinction of the subject, as in the case of a Per- 
sonal Servitude with the death of the person who 
was intitled to it ; and in the case of Praedial Ser- 
vitutes with the destruction of the dominant sub- 
ject, but they were revived with its revival : for 
instance, if a building to which a servitude be- 
longed, was pulled down in order to be rebuilt, 
and if it was rebuilt in the same form, the servi- 
tude revived (Paulus, Dig. 8. tit. 2. s. 20. § 2 ; 
Moore v. Rawson, 3 B. & Cr. 332). A Servitus 
might be extinguished by not using it. There is 
a case in the Digest (8. tit 3. s. 35) of the servitus 
of a spring, the use of which had been interrupted 
by the temporary failure of the spring, and a re- 
script of Augustus on the matter. According to 
the old law, Ususfructus and Usus were lost, 
through not exercising the right, in two years in 
the case of things immoveable, and in one year in 
the case of things moveable. In Justinian's legis- 
lation Ususfructus and Usus were only lost by not 
exercising the right, when there had been a Usu- 
capio libertatis on the part of the owner of the 
thing or the ownership had been acquired by Usu- 
capion. (Cod. 3. tit. 33. s. 16. § 1, and tit. 34. 
s. 13.) 

Servitutes might be the subjects of Actiones in 
rem. (Dig. 7. tit. 6 ; 8. tit. 5.) An Actio Con- 
fessoria or Vindicatio Servitutis had for its object 
the establishing the right to a Servitus, and it 
could only be brought by the owner of the domi- 
nant land, when it was due to land. The object 
of the action was the establishment of the right, 
damages, and security against future disturbance 
in the exercise of the right ; and the action might 
be not only against the owner of the servient 



SERVITUTES. 



SERVITUTES. 1033 



thing, but against any person who impeded the 
exercise of the right. The plaintiff had of course 
to prove his title to the Servitus. The Actio Ne- 
gatoria or Vindicatio lihertatia, might be brought 
by the owner of the property against any person 
who claimed a Servitus in it. The object was to 
establish the freedom of the property from the 
servitus, for damages, and for security to the owner 
against future disturbance in the exercise of his 
ownership. The plaintiff had of course to prove 
his ownership and the defendant to prove his title 
to the Servitus. (Gains, iv. 3 ; Dig. 8. tit. 5.) 

In the case of Personal Servitudes, the Inter- 
dicts were just the same as in the case of proper 
Possession ; the Interdict which was applied in 
the case of proper Possession, was here applied as 
a Utile Intcrdictum. {Frag. Vat. 90, as emended 
by Savigny.) 

In the case of Pracdial Servitudes, we must 
first consider the Positive. In the first class, the 
acquisition of the Juris Quasi Possessio is effected 
by an act which is done simply as an exercise of 
the Right, independent of any other right. The 
interference with the exercise of the right was pre- 
vented by Interdicts applicable to the several cases. 
A person who was disturbed in exercising a Jus 
I linens, Actus, Viae by any person whatever, 
whether the owner of the servient land or any 
other person, had a right to the Interdict : the 
object of this Interdict was protection against the 
disturbance, and compensation : its effect was ex- 
actly like that of the Interdict Uti possidetis. 
Another Interdict applied to the same objects as 
the preceding Interdict, but its object was to 
protect the person intitled to the servitude from 
being disturbed by the owner while he was putting 
the way or road in a condition fit for use. 

There were various other Interdicts as in the 
case of the Jus aquae quotidianac vel acstivae 
ducendae (Dig. 43. tit. 20) ; in the case of the re- 
pair of water passages (43. tit. 21, de rim's) ; in 
the case of the Jus aquae hauriendae (43. tit. 22). 

The second class of Positive Servitudes consists 
in the exercise of the servitude in connection with 
the possession of another piece of property. The 
Interdicts applicable to this case arc explained 
under the third class, that of Negative Servitudes. 

In the case of Negative Servitudes there are only 
two modes in which the Juris quasi Possessio can 
be acquired: 1, when the owner of the servient 
property attempts to do some act, which the owner 
of the dominant property considers inconsistent 
with his Servitus, and is prevented ; 2, by any 
legal act which is capable of transferring the Jus 
StTvitutis. The possession is hist when the owner 
of the servient property dues nn act whirh is rmi- 
tmry to the Right. The Possession of the Servi- 
tudes of the second and third class was protected 
by the Interdict Uti possidetis. There was a 
IMdal interdict about sewers (/>: Cloaca, Dig. 
43. tit. 23). 

It has been stated that Quasi-servitudes were 
sometimes founded on positive enactments. These 
were not Servitutes properly so called, for they 
were Limitations of the exercise of ownership made 
for the public benefit. The only rases of the limi- 
tation of the exercise of ownership by positive 
enactment, which are mentioned in the Pandect, 
an reducible to three principal classes. The first 
class comprehends the limitation of ownership on 
religious grounds. To this class belongs Finis, or 



a space of five feet in width between adjoining es- 
tates, which it was not permitted to cultivate. 
This intermediate space was sacred and it was 
used by the owners of the adjoining lands for sa- 
crifice. To this class also belongs the rule, that if 
a man had buried a dead body on the land of an- 
other without his consent, he could not as a general 
rule be compelled to remove the body, but he was 
bound to make recompence. (Dig. 11. tit. 7. s. 2. 
7, 8.) The second class comprehends rules relat- 
ing to police. According to the Twelve Tables 
every owner of land in the city was required to 
leave a space of two feet and a half vacant all 
round any edifice that he erected : this was called 
legitimum spatium, legitimus modus. Conse- 
quently between two adjoining houses there must 
be a vacant space of five feet. This law was no 
doubt often neglected, for after the fire in Nero's 
rcigii (Tacit. Ann. xv. 43), it was forbidden to 
build houses with a common wall (commumo parie- 
tum) ; and the old legitimum spatium was again 
required to be observed ; and it is referred to in a 
rescript of Antoninus and Verus. (Dig. 8. tit. 2. 
s. 14.) This class also comprehends rules as to the 
height and form of buildings. Augustus (Sueton. 
Oclav. 89) fixed the height at seventy feet ; Nero 
also after the great fire made some regulations 
with the view of limiting the height of houses. 
Trajan fixed the greatest height at sixty feet. 
These regulations were general, and had no refer- 
ence to the convenience of persons who possessed 
adjoining houses : they had therefore no relation at 
all to the Servitutes altius tollendi and non tollendi 
as some writers suppose. The rule of the Twelve 
Tables which forbade the removing a " tignum 
furtivum iiedibus vel vineis junctum," had for its 
object the preventing of accidents. (Dig. 47. tit. 3.) 
Another rule declared that the owners of lands 
which were adjoining to public nquaeducts should 
permit materials to be taken from their lands for 
these public purposes, but should receive a proper 
compensation. The Twelve Tables forbade the 
burning or interring of a dead body in the city ; 
and this rule was enforced by a Lex Duilia. In 
the time of Antoninus Pius this rule prevailed 
both in Rome and other cities. 

The third class of limitations had for its object 
the promotion of Agriculture, it comprised tho 
rules relating to Aqua PLlviA,and to the Tignum 
Junctum in the ca-e of a vineyard ; and it gave a 
man permission to go on his neighbour's premises 
to gather the fruits which had fallen thereon from 
his trees ; with this limitation that he could only 
go every third day. (Dig. 43. tit. 28, Dt GRmde 
legentla.) The Twelve Tables enacted that if n 
neighbour's tree hung over into another person's 
land, that person might trim it to the height of 
fifteen feet Iroin the ground (ipiimlrcim jieilrs nllius 
mm mirfucator). The rule was a limitation of 
ownership, but not a limitation of the ownership 
of the tree-owner : it was a limitation of the owner- 
ship of the land-owner ; for it allowed his neigh- 
bour's tree to overhang his ground, provided there 
were no branches less thart fifteen feet from the 
ground. 

With these exceptions, some of which were of 
great nutiquity, ownership in Roman l,aw must bo 
cimilered ns unlimited. These limitations also 
had no reference to the convenience of individuals 
who had adjoining houses or hinds. With respect 
to neighbours the law allowed them to regulate their 



"1034 



SERVUS. 



SERVUS. 



mutual interests as they pleased, and accordingly a 
man could agree to allow a neighbour to derive 
a certain benefit from his land which their proxi- 
mity rendered desirable to him, or he could agree 
to abstain from certain acts on his land for the 
benefit of his neighbour's land. The law gave 
force to these agreements under the name of Servi- 
tutes, and assimilated the benefits of them to the 
right of ownership by attaching to them a right of 
action like that which an owner enjoyed. 

This view of the limitation of ownership 
among the Romans by positive enactment is from 
a valuable essay by Dirksen, Ueber die geseizlichen 
beschr'dnkungen des Eigenthums, &c. Zeitschrift, vol . ii. 

(Gaius, ii. 28—33 ; Inst. 2. tit. 3—5 ; Dig. 7 
and 8 ; Cod. 3. tit. 33, 34.) 

This sketch may be completed hy reference to 
the following works and the authorities quoted in 
them: Mackeldey, Lehrbuch, &c. 12th ed. ; Miih- 
lenbruch, Doctrina Pandectarum, p. 268, &c. ; 
Savignj', Das Recht des Besitzes, Juris Qtiasi Pos- 
sessio, p. 525, 5th ed. ; Von der Bestellung der 
Servituten durch simple Vertrag und Stipulation, 
von Hasse, Rhein. Mus. fiir Jivrisprudenz, Erster 
Jahrgang ; Von dem Verh'dltniss des Eigenthums 
zu den Servituten, von Puchta, Rhein. Mus. Erst. 
Jahrg. ■ Scheurl, Bemerhungen zur lelire von den 
Servituten, Zeitseltrift, &c, xii. p. 237 ; Puchta, 
Inst. ii. § 252. [G. L.] 

SERVUS (Greek). The Greek SoCXos, like 
the Latin se>~vus, corresponds to the usual meaning 
of our word slave. Slavery existed almost through- 
out the whole of Greece ; and Aristotle (Polil.i. 3) 
says that a complete household is that which con- 
sists of slaves and freemen (oiida Si re'Aeios 4k 
SovXav Kal e'Aeuflepcuv), and he defines a slave to 
be a living working-tool and possession. ('O Sov\os 
^jx^vxov upyavov, Ethic. Nieoin. viii. 13 ; 6 SovKos 
KTTjfid ti tfv\iuxov, Polit. i. 4.) None of the Greek 
philosophers ever seem to have objected to slavery 
as a thing morally wrong ; Plato in his perfect 
state only desires that no Greeks should be made 
slaves by Greeks (de Rep. v. p. 469), and Aristotle 
defends the justice of the institution on the ground 
of a diversity of race, and divides mankind into 
the free (e'Aevflepoi) and those who are slaves by 
nature (oi tpvvet SoOAoi) : under the latter de- 
scription he appears to have regarded all barba- 
rians in the Greek sense of the word, and there- 
fore considers their slavery justifiable. 

In the most ancient times there are said to have 
been no slaves in Greece (Herod, vi. 1 37 ; Phere- 
crat. ap. Athen. vi. p. 263, b), but we find them in 
the Homeric poems, though by no means so gene- 
rally as in later times. They are usually prisoners 
taken in war (8opid\o>Toi), who serve their con- 
querors : but we also read as well of the purchase 
and sale of slaves (Od. xv. 483). They were how- 
ever at that time mostly confined to the houses of 
the wealthy. 

There were two kinds of slavery among the 
Greeks. One species arose when the inhabitants 
of a country were subdued by an invading tribe and 
reduced to the condition of serfs or bondsmen : they 
lived upon and cultivated the land which their 
masters had appropriated to themselves, and paid 
them a certain rent. They also attended their 
masters in war. They could not be sold out of the 
country or separated from their families, and could 
acquire property. Such were the Helots of Sparta 
[IIelotes], the Penestae of Thessaly [Penes- 



tae], the Bithynians at Ryzantium, the Callicyrii 
at Syracuse, the Mariandyni at Heraclea in Pon- 
tus, the Aphamiotae in Crete. [Cosmi.] The 
other species of slavery consisted of domestic slaves 
acquired by purchase (apyvpuivriToi or xp v(r & v V Tol i 
see Isocr. Platae. p. 300, ed. Steph.), who were 
entirely the property of their masters, and could 
be disposed of like any other goods and chattels : 
these were the SovAol properly so called, and were 
the kind of slaves that existed at Athens and 
Corinth. In commercial cities slaves were very 
numerous, as they performed the work of the arti- 
zans and manufacturers of modern towns. In 
poorer republics, which had little or no capital, and 
which subsisted wholly by agriculture, they would 
be few : thus in Phocis and Locris there are said 
to have been originally no domestic slaves. (Athen. 
vi. p. 264, c ; Clinton, F. H. vol. ii. pp. 411, 412.) 
The majority of slaves was purchased ; few com- 
paratively were born in the family of the master, 
partly because the number of female slaves was 
very small in comparison with the male, and partly 
because the cohabitation of slaves was discouraged, 
as it was considered cheaper to purchase than to 
rear slaves. A slave born in the house of a master 
was called oiK6rpi\p, in contradistinction to one 
purchased, who was called oMer-ns. (Ammon. and 
Suid. s. «.) If both the father and mother were 
slaves, the offspring was called ap.<p'iSovXos (Eus- 
tath. ad Od. ii. 290) : if the parents were oi- 
/coVpiges, the offspring was called oiKorplSaws. 
(Pollux, iii. 76.) 

It was a recognized rule of Greek national law 
that the persons of those who were taken prisoners 
in war became the property of the conqueror (Xen. 
Cyr. vii. 5. § 73), but it was the practice for 
Greeks to give liberty to those of their own nation 
on payment of a ransom. Consequently almost all 
slaves in Greece, with the exception of the serfs 
abovementioned, were barbarians. It appears to 
follow from a passage in Timaeus (ap. Athen. vi. 
p. 265, b) that the Chians were the first who car- 
ried on the slave trade, where the slaves were more 
numerous than in any other place, except Sparta, 
that is in comparison with the free inhabitants. 
(Thuc. viii. 40.) In the early ages of Greece, a 
great number of slaves was obtained by pirates, 
who kidnapped persons on the coasts, but the chief 
supply seems to have come from the Greek colonies 
in Asia Minor, who had abundant opportunities of 
obtaining them from their own neighbourhood and 
the interior of Asia. A considerable number of 
slaves also came from Thrace, where the parents 
frequently sold their children. (Herod, v. 6.) 

At Athens, as well as in other states, there was 
a regular slave market, called the icvkAos (Harpo- 
crat. s. v.), because the slaves stood round in a 
circle. They were also sometimes sold by auction, 
and appear then to have been placed on a stone 
called the Trparqp Ai'flos (Pollux, iii. 78), as is also 
done when slaves are sold in the United States of 
North America : the same was also the practice in 
Rome, whence the phrase homo de lapide emtus. 
[Auctio.] The slave market at Athens seems to 
have been held on certain fixed days, usually the 
last day of the month (the ivi\ Kal via or vovjxr\via., 
Aristoph. Equit. 43, with Schol.). The price of 
slaves naturally differed according to their age, 
strength, and acquirements. " Some slaves," says 
Xenophon (Mem. ii. 5. § 2) " are well worth two 
minas, others hardly half a mina ; some sell for 



SERVUS. 



SBRVUS. 



1035 



five minas and others even for ten ; and Nicias the 
son of Niceratus is said to have given no less than 
a talent for an overseer in the mines." Bockh 
(PuU. Earn, of Athens, p. 67, &c, 2d ed.) has 
collected many particulars respecting the price of 
slaves ; he calculates the value of a common mining 
slave at from 125 to 150 drachmas. The know- 
ledge of any art had a great influence upon the 
value of a slave. Of the thirty-two or thirty- 
three sword-cutlers who belonged to the father of 
Demosthenes, some were worth five, some six, and 
the lowest more than three minas ; and his twenty 
couch-makers together were worth 40 minas (in 
Apho>>. i. p. 816). Considerable sums were paid 
for courtezans and female players on the cithara ; 
twenty and thirty minas were common prices for 
such (Ter. Adelph. hi. 1. 3", iii. 2. 1.5, iv. 7. 24 ; 
Phorm. iii. 3. 24) : Neaera was sold for thirty 
minas. (Demosth. c. Kcaer. p. 1354. 16.) 

The number of slaves was very great in Athens. 
According to the census made when Demetrius 
Phabrcus was archon (n. c. 309), there are said 
to have been 21,000 free citizens, 10,000 Metics, 
and 400,000 slaves in Attica (Ctesicles, ap. Allien. 
vi. p. 272, c): according to which the slave popu- 
lation is so immensely large in proportion to the 
free, that some writers have rejected the account 
altogether (Nicbuhr, Hist, of Home, voL ii. note 
143), and others have supposed a corruption in th > 
numbers and that for 400,000 we ought to read 
40,000. (Hume, Essays, vol. i. p. 443.) Bockh 
and Clinton (/•'.//. ii. p. 391), however, remark 
with some justice, that in computing the citizens 
and metics the object was to ascertain their po- 
litical and military strength, and hence the census 
of only males of full age was taken ; while in 
enumerating slaves, which were property, it would 
be necessary to compute all the individuals who 
composed that property. Bockh takes the pro- 
portion of free inhabitants to slaves as nearly one 
to four in Attica, Clinton as rather more than 
three to one ; but whatever may be thought of 
these calculations, the main fact, that the slave 
population in Attica was much larger than the 
free, is incontrovertible : during the occupation of 
Dccelea by the Lacedaemonians, more than 20,000 
Athenian slaves escaped to this place. (Thuc. vii. 
27.) In Corinth and Acgina their number was 
equally large : according to Timaeus, Corinth 
had 460,000, and according to Aristotle Aegina 
470,000 slaves (Athcn. /. c), but these large num- 
bers, especially in relation to Aegina, must be un- 
derstood only of the early times, before Athens 
had obtained possession of the commerce of Greece. 

At Athens even the poorest citizen had a slave 
for the care of his household (Aristoph. J'lut. init.), 
and in every moderate establishment many were 
employed for all possible occupations, ns bakers, 
cooks, tailors, &c The number possessed by one 
person was never so great as at Home during 
the later times of the republic and under the em- 
pire, but it was still very considerable. Plato (</c 
np ix. p. 578) expressly remarks, that some per- 
sons had fifty slaves and even more. This was 
about tb>' number which the father of Demosthenes 
possessed (in AphiJj. i. |>. 1)23) ; Lysias and Pole- 
man h us had 120 (Lys. in EruUnlh. p. 395), 
Pliih monidcs had 300, llipponicus 600, and Nicias 
1000 slaves in the mini s alone. (Xen. tie, IWt. iv. 
14, 15.) It must be borne in mind, when we read 
of one person possessing so large a number of 



slaves, that they were employed in various work- 
shops, mines, or manufactories ■ the number which 
a person kept to attend to his own private wants or 
those of his household, was probably never very 
large. And this constitutes one great distinction 
between Greek and Roman slaves, that the labour 
of the former was regarded as the means by which 
an owner might obtain profit for the outlay of his 
capital in the purchase of the slaves, while the 
latter were chiefly employed in ministering to the 
wants of their master and his family, and in grati- 
fying his luxury and vanity. Thus Athenaeua 
(vL p. 272, e) remarks, that many of the Romans 
possess 10,000 or 20,000 slaves and even more, 
but not, he adds, for the sake of bringing in a 
revenue, as the wealthy Nicias. 

Slaves either worked on their masters' account 
or their own (in the latter case they paid their 
masters a certain sum a day) ; or they were let 
out by their master on hire either for the mines or 
any other kind of labour, or as hired servants for 
wages (a-Ko<popa). The rowers on board the ships 
were usually slaves (Isocnt. de Pace, p. 169, ed. 
Steph.) ; it is remarked as an unusual circumstance, 
that the seamen of the Paralos were freemen. 
(Thuc. viii. 73.) These slaves cither belonged 
to the state or to private persons, who let them out 
to the state on payment of a certain sum. It ap- 
pears that a considerable number of persons kept 
large gangs of slaves merely for the purpose of 
letting out, and found this a profitable mode of in- 
vesting their capital. Great numbers were required 
for the mines, and in most cases the mine-lessees 
would be obliged to hire some, as they would not 
have sufficient capital to purchase as many as they 
wanted. We learn from a fragment of Hyperides 
preserved by Suidas (s.v.'ATrttf,n(pi<TaTo), that there 
were at one time as many as 150,000 slaves, who 
worked in the mines and were employed in country 
labour. Generally none but inferior slaves were 
confined in these mines : they worked in chains, 
and numbers died from the effects of the unwhole- 
some atmosphere. (Bockh, On the Silver Mines of 
iMurion.) Wc cannot calculate with accuracy 
what was the usual rate of profit which a slave- 
proprietor obtained. The thirty-two or thirty- 
three sword-cutlers belonging to the father of De- 
mosthenes produced annually a net profit of 30 
minas, their purchase value being 190 minas, and 
the twenty couch-makers a profit of 12 minas, 
their purchase value being 40 minas. (Demosth. in 
Aphoo.L p. 816.) The leather- workers of Tiniar- 
chus produced to their masters two, the overseers 
three, oboli a day (Aeschin. in Tim. p. 118): 
Nicias paid an obolus a day for each mining slave 
which he hired. (Xen. Veal, iv. 14.) The rate 
of profit upon the purchase-money of the slaves 
was naturally high, as their value was destroyed 
by age, and those who died had to be replaced by 
fresh purchases. The proprietor was also exposed 
to the great danger of '.heir running away, when it 
became necessary to pursue them and oiler rewards 
for their recapture (awinpa, Xen. Mem. ii. 10. 
§ 1, 2 ; PlaL Protmj. p. 310). Antigencs of 
Rhodes was the first that established nn insurance 
of slaves. For a yearly contribution of eight 
drachmas for each slave that was in the army, he 
undertook to mnke good the value of the slave nt 
the time of his running nwny. (Pseudo-Arist. 
Orron. r. 35.) Slaves that worked in the fields 
were under an overseer (inlrpoirot), to whom tho 



1036 SERVUS. 
whole management of the estate was frequently- 
entrusted, while the master resided in the city ; 
the household slaves were under a steward (rafiias), 
the female slaves under a stewardess (ra/xla). 
(Xen. Oecon. xii. 2, ix. 11.) 

The Athenian slaves did not, like the Helots of 
Sparta and the Penestae of Thessaly, serve in the 
armies ; the battles of Marathon and Arginusae, 
when the Athenians armed their slaves (Pausan. 
i. 32. § 3 ; Schol. ad Aristoph. Ran. 33), were 
exceptions to the general rule. 

The rights of possession with regard to slaves 
differed in no respect from any other property ; 
they could be given or taken as pledges. (Dem. in 
Pantaenet. p. 967, in Aphob. p. 821, in Onetor. i. 
p. 871.) The condition, however, of Greek slaves 
was upon the whole better than that of Roman 
ones, with the exception perhaps of Sparta, where, 
according to Plutarch (Lyc. 28), it was the best 
place in the world to be a freeman, and the worst 
to be a slave (eV AaKeSaifiovi Kai rhv eAevdepov 
/j.dAicrTa iKzvdtpov elvai, Kai rbv Sov\ov fiaAiara 
SovAov). At Athens especially the slaves seem to 
have been allowed a degree of liberty and indul- 
gence, which was never granted to them at Rome. 
(Compare Plut. de Garrul. 18 ; Xenoph. de Rep. 
Ath. i. 12.) On the reception of a new slave into 
a house at Athens, it was the custom to scatter 
sweetmeats (KaTaxvo~p.aTa), as was done in the 
case of a newly married pair. (Aristoph. Plat. 768, 
with Schol. ; Demosth. in Steph. p. 1123. 29 ; 
Pollux, iii. 77 ; Hesych. and Suidas, s. v. Kara- 
XvcrfiaTa.) 

The life and person of a slave were also pro- 
tected by the law : a person who struck or mal- 
treated a slave was liable to an action (vSpews 
•ypa<pT], Dem. in Mid. p. 529 ; Aeschin. in Tim. p. 
41 ; Xen. de Rep. Ath. i. 10 ; Athen. vi. p. 267, 
f ; Meier, Att. Proc. p. 322, &c.) ; a slave too could 
not be put to death without legal sentence. (Eurip. 
Hecub. 287, 288 ; Antiph. de caed. Herod, p. 728.) 
He could even take shelter from the cruelty of 
his master in the temple of Theseus, and there 
claim the privilege of being sold by him (irpaoiv 
alreTaBai, Plut. Tlies. 36 ; Pollux, vii. 13 ; Meier, 
Att. Proc. p. 403, &c). The person of a slave, 
however, was not considered so sacred as that of a 
freeman : his offences were punished with corporal 
chastisement, which was the last mode of punish- 
ment inflicted on a freeman (Dem. in Timocr. p. 
752) ; he was not believed upon his oath, and his 
evidence in courts of justice was always taken with 
torture. 

Notwithstanding the generally mild treatment 
of slaves in Greece, their insurrection was not un- 
frequent (Plat. Leg. vi. p. 777) : but these insur- 
rections in Attica were usually confined to the 
mining slaves, who were treated with more severity 
than the others. On one occasion they murdered 
their guards, took possession of the fortifications of 
Sunium, and from this point ravaged the country 
for a considerable time. (Athen. vi. p. 272, f.) 

Slaves were sometimes manumitted at Athens, 
though not so frequently as at Rome ; but it seems 
doubtful whether a master was ever obliged to 
liberate a slave against his will for a certain sum of 
money, as some writers have concluded from a pas- 
sage of Plautus. (Casin. ii. 5. 7.) Those who were 
manumitted (aireAevSepoi) did not become citizens, 
as they did at Rome, but passed into the condi- 
tion of Meticsi They were obliged to honour their 



SERVUS. 

former master as their patron (irpocrTaTTjs), and to 
fulfil certain duties towards him, the neglect of 
which rendered them liable to the Slkt) airocrTa- 
a-tov, by which they might again be sold into 
slavery. [Libertus, p. 705, a ; Apostasiou 
Dike.] 

Respecting the public slaves at Athens, see 
Demosii. 

It appears that there was a tax upon slaves at 
Athens (Xen. de Vect. iv. 25), which Bockh (Publ. 
Econ. pp.331, 332, 2d ed.) supposes was three 
oboli a year for each slave. 

Besides the authorities quoted in the course of 
this article, the reader may refer to Petitus, Leg. 
Att. ii. 6. p. 254, &c. ; Reitermeier, Gesch. der 
Sclaverei in Griechenland, Berl. 1789 ; Limburg- 
Brouwer, Histoire de la Civilisation des Grecs, vol. 
iii. p. 267, &c. ; Gdttling, de Notione Servitutis 
apud Aristotelem, Jen. 1821 ; Hermann, Lehrbueh 
der griech. Staatsalt. § 114 ; and especially Becker, 
Charikles, vol. ii. p. 20, &c. 

SERVUS (Roman). SE'RVITUS. "Servitus 
est constitutio juris gentium qua quis dominio 
alieno contra naturam subjicitur." (Florent. Dig. 
1. tit. 5. s. 4.) Gaius also considers the potestas of 
a master over a slave as "juris gentium " (i. 52). 
The Romans viewed Liberty as a Natural State, 
and Slavery as a condition which was contrary to 
the Natural State. The mutual relation of Slave 
and Master among the Romans was expressed by 
the terms Servus and Dominus ; and the power 
and interest which the dominus had over and in 
the slave was expressed by Dominium. The term 
Dominium or ownership, with reference to a slave, 
pointed to the slave merely as a thing or object of 
ownership, and a slave as one of the Res Mancipi 
was classed with other objects of ownership. The 
word Potestas was also applied to the master's 
power over his slave, and the same word was used 
to express the father's power over his children. 
The boundaries between the Patria and Dominica 
Potestas were originally very narrow, but the child 
had certain legal capacities which were altogether 
wanting to the condition of the slave. The master 
had no Potestas over the slave, if he had merely a 
" nudum jus Quiritium in servo : " it was neces- 
sary that the slave should be his In bonis at least. 
(Gaius, i. 54.) 

According to the strict principles of the Roman 
Law, it was- a consequence of the relation of Master 
and Slave that the Master could treat the Slave as 
he pleased : he could sell him, punish him, and 
put him to death. Positive morality however and 
the social intercourse that must always subsist be- 
tween a master and the slaves, who are immedi- 
ately about him, ameliorated the condition of 
slavery. Still we read of acts of great cruelty 
committed by masters in the later Republican and 
earlier Imperial periods, and the Lex Petronia 
was enacted in order to protect the slave. The 
original power of life and death over a slave, 
which Gaius considers to be a part of the Jus 
Gentium, was limited by a constitution of Anto- 
ninus, which enacted that if a man put his slave 
to death without sufficient reason (sine causa), he 
was liable to the same penalty as if he had killed 
another man's slave. The Constitution applied to 
Roman citizens and to all who were under the 
Imperium Romanum. (Gaius, i. 52, &c.) The 
same Constitution also prohibited the cruel treat- 
ment of slaves by their masters, by enacting that 



SERVUS. 



SERVUS. 



1037 



if the cruelty of the master was intolerable, he 
might be compelled to sell the slave ; and the 
slave was empowered to make his complaint to 
the proper authority. (Senec. de Bene/, iii. •22.) 
A Constitution of Claudius enacted that if a man 
exposed his slaves, who were infirm, they should 
become free ; and the Constitution also declared 
that if they were put to death, the act should be 
murder. (Sueton. Claud. 25.) It was also enacted 
(Cod. 3. tit. 38. s. 11) that in sales or division 
of property, slaves, such as husband and wife, 
parents and children, brothers and sisters, should 
not be separated. 

A slave could not contract a marriage. His 
cohabitation with a woman was Contubemium ; 
and no legal relation between him and his children 
was recognized. Still nearness of blood was con- 
sidered an impediment to marriage after manumis- 
sion : thus a manumitted slave could not marry his 
manumitted sister. (Dig. 23. tit. 2. s. 14.) 

A slave could have no property. He was not 
incapable of acquiring property, but his acquisi- 
tions belonged to his master ; which Gaius consi- 
ders to be a rule of the Jus Gentium (L 52). A 
slave could acquire for his master by Mancipatio, 
Traditio, Stipulatio, or in any other way. In this 
capacity of the slave to take, though he could not 
keep, his condition wa3 assimilated to that of a 
filiusfamilias, and he was regarded as a person. If 
one person had a Nudum Jus Quiritium in a slave, 
and he was another's In bonis, his acquisitions be- 
longed to the person whose he was In bonis. If a 
man bona fide possessed another man's slave or a 
free person, he only acquired through the slave in 
two cases : he was entitled to all that the slave 
acquired out of or by means of the property of the 
possessor (ex re ejus) ; and he was entitled to all 
that the slave acquired by his own labour (ex 
o/ieris mis) ; the law was the same with respect 
to a slave of whom a man had the Ususfructus 
only. All other acquisitions of such slaves or free 
persons belonged to their owner or to themselves, 
according as they were slaves or free men. (Ulp. 
Frag, tit. 19.) If a slave v/as appointed heres, 
he could only accept the hcreditas with the consent 
of his master, and he acquired the hcreditas for 
his master: in the same way, the slave acquired a 
legacy for his master. (Gaius, ii. !t7, &c.) 

A master could also acquire Possessio through 
his slave, and thus have a commencement of Usu- 
capion (Gaius, ii. ii'J) ; but the owner must have 
the possession of the slave in order that he might 
acquire possession through him, and consequently 
a man could not acquire possession by means of a 
pignorated slave. [Pigni's.] A bonae fidci pos- 
sessor, that is, one who believed the slave to be 
his own, could acquire possession through him in 
such cases as he could acquire property ; conse- 
quently a pledgee could not acquire possession 
through a pignorated slave, though he had the 
possession of him bona fide, for this bona fides 
was not that which is meant in the phrase bonae 
fidei possessor. The Usufructuarius acquired pos- 
session through the slave in the same cases in 
which the bonae fidei possessor acquired it. (Sa- 
vigny, I his Hrrht de» Besities, p. 314, ed. 5.) 

Slaves were not only employed in the usual do- 
mestic offices and in the labours of the field, but 
also as factors or agents for their masters in the 
management of business [Inktitoria Actio, 
&c.J, and as mechanics, artisans, and in every 



branch of industry. It may easily he conceived 
that under these circumstances, especially as thev 
were often intrusted with property to a large 
amount, there must have arisen a practice of al- 
lowing the slave to insider part of his gains as 
his own : this was b Peculium, a term also ap- 
plicable to such acqui. ions of a filiusfamilias as 
his father allowed him to consider as his own. 
[Patria Potestas.] According to strict law, 
the Peculium was the property of the master, but 
according to usage it was considered to be the 
property of the slave. Son >time3 it was agreed 
between master and slave, i Sat the slave should 
purchase his freedom with his Peculium when it 
amounted to a certain sum. (Tacit. Ann. xiv. 42, 
and the note of Lipsius.) If a slave was manu- 
mitted by the owner in his lifetime, the Peculium 
was considered to be given together with Libertas, 
unless it was expressly retained. (Dig. 15. tit. 1. 
s. 53, de Peculio.) Transactions of borrowing and 
lending could take place between the master and 
slave with respect to the Peculium, though no 
right of action arose on either side out of such 
dealings, conformably to a general principle of 
Roman Law. (Gaius, iv. 78.) If after the slave's 
manumission, the master paid him a debt which 
had arisen in the manner above mentioned, he 
could not recover it. (Dig. 12. tit 6. s. 64.) In 
case of the claim of creditors on the slave's Pecu- 
lium, the debt of the slave to the master was first 
taken into the account, and deducted from the Pe- 
culium. So far was the law modified, that in the 
case of naturales obligationcs, as the Romans 
called them, between master and slave, a fidejussor 
could be hound for a slave ; and he could also be 
bound, if the creditor was an extraneug. 

A naturalis obligatio might result from the deal- 
ings of a slave with other persons than his mas- 
ter ; but the master was not at all affected by 
such dealings. The master was only bound by the 
acts and dealings of the slave, when the slave was 
employed as his agent or instrument, in which 
case the master might be liable to an Actio Exer- 
CITORJA or Institoria. (Gaius, iv. 71.) There 
was of course an actio against the master, when the 
slave acted by his orders. [JoSSU, QuOO, &c] 
If a slave or filiusfamilias traded with his peculium 
with the knowledge of the dominus or father, the 
peculium and all that was produced by it were di- 
visible among the creditors and master or father in 
due proportions (pro rata portions), and if any of 
the creditors complained of getting less than his 
share, he had a tributoria actio against the master 
or father, to whom the law gave the power of dis- 
tribution among the creditors. (Gaius, iv. 72, &c.) 
The master was not liable for anything beyond 
the amount of the peculium, and his own demand 
was payable first. (Dig. 14. tit. 4. dc Tributoria 
Actione.) Sometimes a slave would have another 
slave under him, who had a peculium with respect 
to the first slave, just as the first slave had a pecu- 
lium with respect to his master. Un this practice 
was founded the distinction between Servi Ordi- 
narii and Vicarii. (Dig. 15. tit. 1. s. 17.) These 
subordinate peculia were however legally considered 
as included in the principal peculium. In the case 
of a slave dying, being »old or manumitted, the 
Edict required that any action in respect of tho 
Peculium must be brought within a year. (Dig. 15. 
tit. 2. ». I, which contain* the words of the- Kdict.) 
If a sluvc or filiusfamilias had carried on dealings 



1033 



SERVUS. 



SERVUS. 



without the knowledge and consent of his master 
or father, there might be an action against the 
master or father in respect of such dealings, so far 
as it could be proved that he had derived advan- 
tage from them. This was called the Actio de in 
rem Verso (Dig. IS. tit. 3), and it was in fact the 
same actio as that De Peculio. That was said 
" in rem patris dominive versum," which turned 
out for his advantage. For instance if a slave bor- 
rowed ten sestertia and paid them to the master's 
creditors, the master was bound to pay the loan, 
and the lender had an actio against him De in rem 
verso. If the slave paid any part of the borrowed 
sum to his master's creditors, the master was liable 
to the lendet for the amount so applied, and if the 
slave had wasted the other part, the master was 
bound to make that good to the amount of the 
slave's peculium ; but still with this provision, 
that the amount of the slave's peculium could only 
be ascertained by first deducting from it what he 
owed to the master. The case was the same with 
the peculium of a son and a slave. Thus, as 
Gaius observes (iv. 73), the Actio De peculio and 
De in rem verso was one actio, but contained two 
condemnationes. 

It is a consequence of the relation of Slave and 
Master, that the Master acquired no rights against 
the slave in consequence of his Delicts. Other 
persons might obtain rights against a slave in con- 
sequence of his delicts, but their right could not be 
prosecuted by action until the slave was manu- 
mitted. (Gaius, iv. 77.) They had however a 
right of action against the slave's master for 
damages, and if the master would not pay the 
damages, he must give up the slave. [Noxa.] 
The slave was protected against injury from other 
persons. If the slave was killed, the master might 
either prosecute the killer for a capital offence, or 
sue for damages under the Lex Aquillia. (Gaius, 
iii. 213.) [Aquillia Lex ; Injuria.] The 
master had also a praetoria actio in duplum against 
those who corrupted his slave (serines, servo) and 
led him into bad practices (Dig. 11. tit. 3. s. 1. 
where the words of the Edict are given) : the in 
duplum was to twice the amount of the estimated 
damage. He had also an action against a person 
who committed stuprum with his female slave. 
(Dig. 47. tit. 10. s. 25.) 

A runaway slave (fugitivus) could not lawfully 
be received or harboured ; to conceal him was 
Furtum. The master was entitled to pursue him 
wherever he pleased ; and it was the duty of all 
authorities to give him aid in recovering the slave. 
It was the object of various laws to check the 
running away of slaves in every way, and ac- 
cordingly a runaway slave could not legally be an 
object of sale. A class of persons called Fugitivarii 
made it their business to recover runaway slaves. 
The rights of the master over the slave were in 
no way affected by his running away. (Dig. 11. 
tit. 4. De fugitivis : there was a Lex Fabia on 
this subject, and apparently two Senatusconsulta 
at least ; see also Varro, de Re Rust. iii. 14; Floras, 
iii. 19, and the note in Duker's edition.) 

A person was a slave either Jure Gentium or 
Jure Civili. A person was born a slave Jure Gen- 
tium whose mother was a slave when she gave 
him birth (Gaius, i. 82) ; for it was a legal prin- 
ciple that the condition of those who were not be- 
gotten in Justae Nuptiae was to be reckoned from 
the moment of the birth. A slave born in the 



master's house was Verna. But it was also a 
principle of Roman Law that the status of a person 
who was begotten in Justae Nuptiae was reckoned 
from the time of conception. At a later period the 
rule of law was established, that though a woman 
at the time of the birth might be a slave, still her 
child was free, if the mother had been free at any 
time reckoning backwards from the time of the 
birth to the time of the conception. (Paulus, S. R. 
ii. tit. 24; Dig. 1. tit. S. s. 5.) There were various 
cases of children the offspring of a free parent and 
a slave as to which positive law provided whether 
the children should be free or slaves. (Gaius, i. 
83, &c.) [Senatusconsultum Claudianum.J 

A person became a slave by capture in ivar, also 
Jure Gentium. [Praeda.] Captives in war were 
sold as belonging to the Aerarium or distributed 
among the soldiers by lot. ("Walter, Geschichte 
&c. p. 50. note 35, 1st ed.) In reference to the 
practice of selling prisoners with a crown on their 
heads, we find the expression " sub corona venire, 
vendere." (Gell. vii. 4 ; Liv. v. 22 ; Caesar, 
B. O. iii. 16.) 

A free person might become a slave in various 
ways in consequence of positive law, Jure Civili. 
This was the case with Incensi [Caput], and 
those who evaded military service. (Cic. pro 
Cdecina, 34.) In certain cases, a man became a 
slave, if he allowed himself to be sold as a slave in 
order to defraud the purchaser ; and a free woman 
who cohabited with a slave might be reduced to 
the same condition. [Senatusconsultum Clau- 
dianum.] Under the empire the rule was es- 
tablished that persons condemned to death, to the 
mines, and to fight with wild beasts, lost their 
freedom, and their property was confiscated, whence, 
concludes Gaius, it appears that they lose the 
Testamenti factio. (Dig. 28. tit. 1. s. 8.) But this 
was not the earlier law. A person so condemned, 
though he lost his freedom, had no master, and 
consequently the hereditates and legacies which 
were left to him, were simply void ; for such a 
person was " poenae servus, non Caesaris." (Dig. 
34. tit. 8. s. 3.) A man never lost his freedom 
by usucapion. (Gaius, ii. 48.) According to the 
old law a manifestos fur was liable to a capitalis 
poena and was addicted (addicebaiur) to the person 
whose property he had stolen ; but it was doubted 
whether the effect of the addictio was to make him 
a servus or to put him in the condition of an adju- 
dicates. (Gaius, iii. 189.) 

By a Constitutio or Senatusconsultum of Clau- 
dius (Sueton. Claud. 25) a freedman who miscon- 
ducted himself towards his patron, was reduced to 
his former state of slavery. But this was not the 
rule of law in the time of Nero. (Tacit. Ann. xiii. 
27 ; see the notes of Ernesti and Lipsius on this 
passage: and Patronus, Libertus.) 

The State of Slavery was terminated by Manu- 
missio. It was also terminated by various positive 
enactments, either by way of reward to the slave 
or punishment to the master. The Senatuscon- 
sultum Silanianum is an example of the former ; 
and various subsequent Constitutions gave freedom 
to slaves who discovered the perpetrators of certain 
crimes. (Cod. Theod. tit. 21. s. 2.) Liberty might 
also be acquired by the Praescriptio Temporis. 
After the establishment of Christianity, it might 
be acquired subject to certain limitations by be- 
coming a monk or a spiritual person (Nov. 5. c. 2 
and 123. c. 17. 35) ; but if the person left his 



SERVU3. 



SEitVUS. 



monastery for a secular life, or rambled about in 
the towns or the country, he might he reduced to 
his former servile condition. 

There were slaves that belonged to the state and 
were called Servi Publici (Plaut. Capt. ii. 2. 85) : 
they had the te3tamenti factio to the amount of one 
half of their property (L'lp. Fray, tit 20), from 
which circumstance it appears that they were 
viewed in a light somewhat different from the 
slaves of private persons. 

In times of revolution under the Republic, it 
was not unusual to proclaim the liberty of slaves 
to induce them to join in revolt (Plot. Afar. c. 41, 
42 1 ; but these were irregular proceedings, and 
neither justifiable nor examples for imitation. Lord 
Dunmore, the last British Governor of Virginia, 
at the commencement of the American Revolution, 
followed this bad example. [G. L.] 

The preceding account treats of the legal con- 
dition of slaves in relation to their masters. It 
remains to give an account of the history of 
slavery among the Romans, of the sale and value 
of slaves, of the different classes into which they 
were divided, and of their general treatment. 

Slaves existed at Rome in the earliest times of 
which we have any record ; but they do not ap- 
pear to have been numerous under the kings and 
in the earliest ages of the republic. The different 
trades and the mechanical arts were chiefly carried 
on by the clientes of the patricians, and the small 
farms in the country were cultivated for the most 
part by the labours of the proprietor and of his 
own family. Hut as the territories of the Roman 
state were extended, the patricians obtained pos- 
session of large estates out of the agcr publicus, 
since it was the practice of the Romans to deprive 
a conquered people of part of their land. These 
estates probably required a larger number of hands 
for their cultivation than could readily be obtained 
among the free population, and since the freemen 
were constantly liable to be called away from their 
work to serve in the armies, the lands began to be 
cultivated almost entirely by slave labour. (Com- 
pare Liv. vi. 12.) Through war and commerce 
slaves could easily be obtained, and at a cheap 
rate, and their number soon became so great, that 
the poorer class of freemen was thrown almost 
entirely out of employment. This state of things 
was one of the chief arguments U3ed by Licinius 
and the Gracchi for limiting the quantity of public 
land which a person might possess (Appian, IS. C. 
i. 7, 9, 10) ; and we know that there was a pro- 
vision in the Licinian Rogations that a certain 
number of freemen should be employed on every 
estate. (Appian, H. C. i. 8.) This regulation, 
however, wan probably of little avail : the lands 
still continued to be almost entirely cultivated by 
■laves, although in the latest times of the re- 
public we find that Julius Caesar attempted to 
remedy this state of things to some extent by 
enacting, that of those persons who attended to 
cattle a third should always be freemen. (Suet 
Jul. 42.) In Sicily, which supplied Rome with 
so great a quantity of corn, the number of agri- 
cultural slaves was immense : the oppressions to 
which they were exposed drove them twice to 
open rebellion, and their numbers enabled them 
to defy for a time the Roman power. The first of 
these Sen ile wars began in n. c 1 34 and ended in 
B.C. 132, nnd the second commenced in U. c 102 
and la»t- I almost four years. 



Long however after it had become the custom to 
employ large gangs of slaves in the cultivation of 
the land, the number of those who served as per- 
sonal attendants still continued to be small. Per- 
sons in good circumstances seem usually to have 
had only one to wait upon them (Plin. //. X. 
xxxiiL 1. s. G), who was generally called by the 
name of his master with the word por (that is, 
puer) affixed to it, as Caipor, Lucipor, Marcipr,r, 
Publipor, Quintipor, &.c ; and hence Quintilian 
(i. 4. § 26) says, long before whose time luxury- 
had augmented the number of personal attendants, 
that such names no longer existed. Cato, when he 
went to Spain as consul, took only three slaves 
with him. (Apul. April, p. 430, ed. Ouden.) But 
during the latter times of the republic and under 
the empire the number of domestic slaves greatly 
increased, and in every family of importance there 
were separate slaves to attend to all the necessities 
of domestic life. It was considered a reproach to 
a man not to keep a considerable number of slaves. 
Thus Cicero, in describing the meanness of Piso's 
housekeeping, says " Idem coquus, idem atriensis : 
pistor domi nullus " (in Pis. 27). The first ques- 
tion asked respecting a person's fortune was " Quot 
pascit servos " (Juv. iii. 141). Horace (Sat.i.'d. 
12) seems to speak of ten slaves as the lowest 
number which a person in tolerable circumstances 
ought to keep, and he ridicules the praetor Tullius 
for being attended by no more than five slaves in 
going from his Tiburtinc villa to Rome. (Sat. i. C. 
l07.) The immense number of prisoners taken in 
the constant wars of the republic, and the increase 
of wealth and luxury augmented the number of 
slaves to a prodigious extent. The statement of 
Athenaeus (vi. p. 272, e), that very many Romans 
possessed 10,000 and 20,000 slaves and even 
more, is probably an exaggeration, but a freedman 
under Augustus, who had lost much property in 
the civil wars, left at his death as many as 4,1 1U. 
(Plin. //. X. xxxiii. 10. a. 47.) Two hundred was 
no uncommon number for one person to keep (I lor. 
Sat. L 3. 11), and Augustus permitted even a 
person that was exiled to take twenty slaves or 
frcedmen with him. (Dion Cass. lvi. 27.) The 
mechanical arts, which were formerly in the hands 
of the Clientes, were now entirely exercised by 
slaves (Cic. <le Off. L 42) : a natural growth of 
things, for where slaves perform certain duties or 
practise certain arts, such duties or arts will be 
thought degrading to a freedman. It must not be 
forgotten that the games of the amphitheatre re- 
quired an immense number of slaves trained for 
the purpose. [Gladiatokes.] Like the slaves 
in Sicily, the gladiatores in Italy rose in b. c. 73 
against their oppressors, and under the able gene- 
ralship of Spartacus, defeated a Roman consular 
army, and were not subdued till B. C. 71, when 
1)0,000 of them are said to have fallen in battle. 
(Liv. Kpit. 07.) 

Under the empire various enactments, mentioned 
above (p. 103fi,a), were made to restrain the cruelty 
of masters towards their slaves ; but the spread of 
Christianity tended most to ameliorate their con- 
dition, though the possession of them was for a 
long time by no means condemned ns contrarv to 
Christian justice. Tin- Christian writers, however, 
inculcate the duty of acting towards them as wo 
would be acted by (Clem. Alex. /'</«/«</«/. iii. 12), 
but down to tin- age of TlieodoMiin wealthy per- 
sons still continued to keep as many as two or 



1040 



SERVUS. 



SERVUS. 



three thousand. (Chrysost. vol. vii. p. 633.) 
Justinian did much to promote the ultimate ex- 
tinction of slavery ; but the number of slaves was 
again increased by the invasion of the barbarians 
from the north, who not only brought with them 
their own slaves who were chiefly Sclavi or Slavo- 
nians (whence our word Slave), but also reduced 
many of the inhabitants of the conquered provinces 
to the condition of slaves. But all the various 
classes of slaves became merged in course of time 
into the Adscripti Glebae or serfs of the middle 
ages. 

The chief sources from which the Romans ob- 
tained slaves have been pointed out above. Under 
the republic one of the chief supplies was prisoners 
taken in war, who were sold by the quaestores 
(Plaut. Capt. Prol. 34, and i. 2. 1, 2) with a crown 
on their heads (see above, p. 1 038, b), and usually 
on the spot where they were taken, as the care of a 
large number of captives was inconvenient. Con- 
sequently slave-dealers generally accompanied an 
army, and frequently after a great battle had been 
gained many thousands were sold at once, when the 
slave-dealers obtained them for a mere nothing. In 
the camp of Lucullus on one occasion slaves were 
sold for four drachmae each. The slave trade was 
also carried on to a great extent, and after the fall 
of Corinth and Carthage Delos was the chief mart 
for this traffic. When the Cilician pirates had 
possession of the Mediterranean as many as 10,000 
slaves are said to have been imported and sold 
there in one day. (Strab. xiv. p. 668.) A large 
number came from Thrace and the countries in the 
north of Europe, but the chief supply was from 
Africa, and more especially Asia, whence we fre- 
quently read of Phrygians, Lycians, Cappadocians, 
&c. as slaves. 

The trade of slave dealers (mangones) was con- 
sidered disreputable, and expressly distinguished 
from that of merchants (mangones non mcrcatnres 
sed venalieiarii appe!lantur,Dig. SO. tit. 16. s. 207; 
Plaut. Trin. ii. 2. 51) ; but it was very lucrative, 
and great fortunes were frequently realized from it. 
The slave-dealer Thoranius, who lived in the time 
of Augustus, was a well-known character. (Suet. 
Aug. 69 ; Macrob. Sat. ii. 4 ; Plin. H.N. vii. 12. 
s. 10.) Martial (viii. 13) mentions another cele- 
brated slave-dealer in his time of the name of Gar- 
gilianus. 

Slaves were usually sold by auction at Rome. 
They were placed either on a raised stone (hence 
de lapide emtus, Cic. in Pis. 15 ; Plaut. Bacch. iv. 
7. 17), or a raised platform (catasta, Tibull. ii. 3. 
60 ; Persius, vi. 77, Casaubon, ad foe), so that 
every one might see and handle them, even if they 
did not wish to purchase them. Purchasers usu- 
ally took care to have them stript naked (Senec. 
Ep. 80 ; Suet. Aug. 69), for slave-dealers had re- 
course to as many tricks to conceal personal defects 
as the horse-jockeys of modern times : sometimes 
purchasers called in the advice of medical men. 
(Claudian, in Eulrop. i. 35, 36.) Slaves of great 
beauty and rarity were not exhibited to public 
gaze in the common slave-market, but were shown 
to purchasers in private {arcana talmlata catastae, 
Mart. ix. 60). Newly imported slaves had their 
feet whitened with chalk (Plin. H. N. xxxv. 17. 
s. 53 ; Ovid. Am. i. 8. 64), and those that came 
from the East had their ears bored (Juv. i. 104), 
which we know was a sign of slavery among many 
Eastern nations. The slave-market, like all other 



markets, was under the jurisdiction of the aediles, 
who made many regulations by edicts respecting the 
sale of slaves. The character of the slave was set 
forth in a scroll (titulus) hanging round his neck, 
which was a warranty to the purchaser (Gell. iv. 
2 ; Propert. iv. 5. 51) : the vendor was bound to 
announce fairly all his defects (Dig. 21. tit. 1. s. 1 ; 
Hor. Sat. ii. 3. 284), and if he gave a false account 
had to take him back within six months from the 
time of his sale (Dig. 21. tit. 1. s. 19. § 6), or make 
up to the purchaser what the latter had lost through 
obtaining an inferior kind of slave to what had 
been warranted. (Dig. 19. tit. 1. s. 13. § 4; Cic. 
de Of. iii. 16, 17, 23.) The vendor might how- 
ever use general terms of commendation without 
being bound to make them good. (Dig. 18. tit. 1. 
s. 43 ; 21. tit. 1. s. 19.) The chief points which 
the vendor had to warrant, was the health of the 
slave, especially freedom from epilepsy, and that 
he had not a tendency to thievery, running away, 
or committing suicide. (Cic. de Off. iii. 17.) The 
nation of a slave was considered important, and 
had to be set forth by the vendor. (Dig. 21. tit. 1. 
s. 31. § 21.) Slaves sold without any warranty 
wore at the time of sale a cap (pileus) upon their 
head. (Gell. vii. 4.) Slaves newly imported were 
generally preferred for common work ; those who 
had served long were considered artful (veteratores, 
Ter. Heaut. v. 1. 16) ; and the pertness and im- 
pudence of those born in their master's house 
( vernae, see above, p. 1038) were proverbial. ( Vernae 
procaces, Hor. Sat. ii. 6. 66 ; Mart. i. 42, x. 3.) 

The value of slaves depended of course upon 
their qualifications ; but under the empire the in- 
crease of luxury and the corruption of morals led 
purchasers to pay immense sums for beautiful 
slaves, or such as ministered to the caprice or whim 
of the purchaser. Eunuchs always fetched a very 
high price (Plin. H. N. vii. 39. s. 40), and Martial 
(iii. 62, xi. 70) speaks of beautiful boys who sold 
for as much as 100,000 or 200,000 sesterces each 
(885Z. 8s. id. and 1770/. 16s. 0d.). A morio or 
fool sometimes sold for 20,000 sesterces. (Mart, 
viii. 13.) Slaves who possessed a knowledge of 
any art which might bring in profit to their owners, 
also sold for a large sum. Thus literary men and 
doctors frequently fetched a high price (Suet, de 
Til. Gram. ; Plin. H. N. vii. 39. s. 40), and also 
slaves fitted for the stage, as we see from Cicero's 
speech on behalf of Q. Roscius. Female slaves 
who might bring in gain to their masters by pros- 
titution were also dear : sometimes 60 minae were 
paid for a girl of this kind. (Plaut. Pers. iv. 4. 
113.) Five hundred drachmae (perhaps at that 
time about 18?.) seem to have been a fair price for 
a good ordinary slave in the time of Horace. (Sat. 
ii. 7. 43.) In the fourth century a slave capable 
of bearing arms was valued at 25 solidi or aurei. 
[Aurum, p. 182, a.] (Cod. Theod. 7. tit. 13. s. 
13.) In the time of Justinian the legal valuation 
of slaves was as follows : common slaves, both 
male and female, were valued at 20 solidi a 
piece, and under ten years of age at half that 
sum ; if they were artificers, they were worth 30 
solidi, if notarii 50, if medical men or mid wives 
60 ; eunuchs under ten years of age were worth 
30 solidi, above that age 50, and if they were 
artificers also, as much as 70. (Cod. 6. tit. 44. 
s. 3.) Female slaves, unless possessed of personal 
attractions, were generally cheaper than male. 
Six hundred sesterces (about 5/.) were thought too 



SERVUS. 



SERVUS 



1041 



much for a slave girl of indifferent character in the 
time of Martial (vi. 66) ; and two aurei or solidi 
were not considered so low a price fur a slave girl 
(ancilla) in the time of Hadrian as to occasion 
doubt of her having come honestly into the hands 
of the vendor. (Dig. 47. tit. 2. s. 76.) We have 
seen that in the time of Justinian the legal value 
of female slaves was equal to that of males ; this 
may probably have arisen from the circumstance 
that the supply of slaves was not so abundant then 
as at earlier times, and that therefore recourse was 
had to propagation for keeping up the number of 
slaves. But under the republic and in the early 
times of the empire this was done to a very limited 
extent, as it was found cheaper to purchase than 
to breed slaves. 

Slaves were divided into many various classes : 
the first division was into public or private. The 
former belonged to the state and public bodies, 
and their condition was preferable to that of the 
common slaves. They were less liable to be sold, 
and under less control than ordinary slaves : they 
also possessed the privilege of the testamenti factio 
to the amount of one half of their property (see 
above, p. 1039, a), which shows that they were re- 
garded in a different light from other slaves. Sci- 
pio, therefore, on the taking of Nova Carthago, 
promised 2000 artizans, who had been taken pri- 
soners and were consequently liable to be sold as 
common slaves, that they should become public 
slaves of the Roman people, with a hope of speedy 
manumission, if they assisted him in the war. (Liv. 
xxvi. 47.) Public slaves were employed to take 
care of the public buildings (compare Tacit. Hist. 
i. 43), and to attend upon magistrates and priests. 
Thus the Acdiles and Quaestors had great numbers 
of public slaves at their command (Gell. xiii. 13), 
as had also the Triumviri Nocturni, who employed 
them to extinguish fires by night. (Dig. 1. tit. 1.5. 
s. 1.) They were also employed as lictors, jailors, 
executioners, watermen, &c. (Comp. Gessner, De 
Servis Uomunorum pulilicis, Berlin, 1844.) 

A body of slaves belonging to one person was 
called familia, but two were not considered suffi- 
cient to constitute a fumilia. (Dig. 50. tit. 16. 
s. 40.) Private slaves were divided into urban 
(fumilia urbana) and rustic (fumilia rustica) ; but 
the name of urban was given to those slaves who 
served in the villa or country residence as well as 
in the town house ; so that the words urban and 
rustic rather characterized the nature of their oc- 
cupations than the place where they served. ( Ur- 
bana familia et ruslica mm loco, sed genere distin- 
guitur, Dig. 50. tit. 16. s. 166.) The familia 
urbana could therefore accompany their master to 
his villa without being called rustica on account of 
their remaining in the country. When there was 
a large number of slaves in one house, they were 
frequently divided into decuriae (Petron. 47) : but 
independent of this division they were arranged in 
certain classes, which held a higher or a lower rank 
according to the nature of their occupation. These 
clauses arc : Ordinarii, Vulgurea, Mediastini, and 
Qiudes-Quala (Dig. 47. tit. 10. ». 15), but it is 
doubtful whether the Literati or literary slaves 
were included in any of these classes. Those 
called Vicarii are spoken of above (p. 1037, b). 

Ordinarii seem to have been those slaves who 
had the superintendence of certain parts of the 
housekeeping. They were always chosen from 
those who had the confidence of their master, and 



they generally had certain slaves under them. To 
this class the adores, procuratores and dispensatores 
belong, who occur in the familia rustica as well as 
the familia urbana, but in the former are almost 
the same as the villici. Thev were stewards or 
bailiffs. (Colum. i. 7, 8 ; Plin."£>. hi. 19 ; Cic. ad 
Alt. xi. 1 ; Suet. Galb. 12, Vesp. 22.) To the same 
class also belong the slaves who had the charge of 
the different stores, and who correspond to our 
housekeepers and butlers : they are called cellurii, 
j/romi, condi, procuratores peni, &c. [Cella.] 

Vulgures included the great body of slaves in a 
house who had to attend to any particular duty in 
the house, and to minister to the domestic wants 
of their master. As there were distinct slaves or 
a distinct slave for almost every department of 
household economy, as bakers (jiistores), cooks 
(corpii), confectioners (dulciurii), picklers (salmen- 
turii), &c. it is unnecessary to mention these more 
particularly. This class also included the porters 
(Ostiurii), the bed-chamber slaves [Ci.bicularii], 
the litter-bearers (lecticarii) [Lectica], and all 
personal attendants of any kind. 

Med iustin i. [Mediastini.] 

QuutesQuales are only mentioned in the Digest 
(/. c), and appear to have been the lowest class of 
slaves, but in what respects they differed from the 
Mediastini is doubtful : Becker (Gal/us, vol. i. p. 
125) imagines they may have been a kind of slaves, 
qualiquali conditione vitentes, which however does 
not give us any idea of their duties or occupations. 

Literati, literary slaves, were used for various 
purposes by their masters, either as readers \ Ana- 
gxostae], copyists or amanuenses [Liiirakii ; 
Amanuensis], &c. Complete lists of all the 
duties performed by slaves arc given in the works 
of Pignorius, Popma, and Blair, referred to at the 
close of this article. 

The treatment of slaves of course varied greatly 
according to the disposition of their masters, but 
they appear upon the whole to have been treated 
with greater severity and cruelty than among the 
Athenians. Originally the master could use the 
slave as he pleased : under the republic the law 
does not seem to have protected the person or life 
of the slave at all, but the cruelty of masters was 
to some extent restrained under the empire, as has 
been stated above (p. 1036, b). The general treat- 
ment of slaves, however, was probably little affected 
by legislative enactments. In early times, when 
the number of slaves was small, they were treated 
with more indulgence, and more like members of 
the family : they joined their masters in offering 
up prayers and thanksgivings to the gods (Ilor. lip. 
ii. 1. 142), and partook of their meals in common 
with their masters (Plut. Coriol. 24), though not 
at the same table with them, but upon benches 
( subsrllia) placed at the foot of the lectus. But 
with the increase of numbers and of luxury among 
masters, the ancient simplicity of manners was 
changed : a certain quantity of fond was allowed 
them (dimensum or demensum), which was granted 
to them either monthly (virn-truuin. Plant. Mich. 
i. 2. 3), or daily (diarium, Ilor. Ep. i. 14. 41 ; 
Mart. xi. 1011). Their chief food was the com, 
called far, of which eith'-r four or five modii were 
granted them n month (I)oiiat. in Trr. I'horm. i. 1. 
9; Sen. Bp. 80), or one lioman pound (liljra) a day. 
( I l»r. .V//. i. 5. 69.) They also obtained an allowance 
of salt nnd oil : Cato (1(. H. 58) allowed his slaves 
a scxtarius of oil a month and a modius of suit a 
3 x 



1042 



SERVUS. 



SESTERTIUS. 



year. They also got a small quantity of wine with 
an additional allowance on the Saturnalia and 
Compitalia (Cato, R. R. 57), and sometimes fruit, 
hut seldom vegetables. Butcher's meat seems to 
have been hardly ever given them. 

Under the republic they were not allowed to 
serve in the army, though after the battle of Can- 
nae, when the state was in such imminent danger, 
8000 slaves were purchased by the state for the 
army, and subsequently manumitted on account of 
their bravery. (Liv. xxii. 57, xxiv. 14—16.) 

The offences of slaves were punished with 
severity and frequently the utmost barbarity. One 
of the mildest punishments was the removal from 
the familia urbana to the rustica, where they were 
obliged to work in chains or fetters. (Plant. Mont. 
i. 1. 18; Ter. Phorm. ii. 1. 20.) They were fre- 
quently beaten with sticks or scourged with the 
whip (of which an account is given under Fla- 
GRUm), but these were such every-day punishments, 
that many slaves ceased almost to care for them : 
thus Chrysalus says (Plaut. Bacchid. ii. 3. 131), 

" Si illi sunt virgae ruri, at mihi tergum est domi." 

Runaway slaves (fugitivi) and thieves (fures) 
were branded on the forehead with a mark (stigma), 
whence they are said to be notati or inscripti. 
(Mart. viii. 75. 9.) Slaves were also punished by 
being hung up by their hands with weights sus- 
pended to their feet (Plaut. Asin. ii. 2. 37, 38), or 
by being sent to work in the Ergastulum or Pistri- 
num. [Ergastulum ; Mola]. The carrying of 
the furca was a very common mode of punishment. 
[Furca.] The toilet of the Roman ladies was a 
dreadful ordeal to the female slaves, who were often 
barbarously punished by their mistresses for the 
slightest mistake in the arrangement of the hair or 
a part of the dress. (Ovid. Am. i. 14. 15, Ar. Am. 
iii. 235 ; Mart. ii. 66 ; Juv. vi. 498, &c.) 

Masters might work their slaves as many hours 
in the day as they pleased, but they usually allowed 
them holidays on the public festivals. At the fes- 
tival of Saturnus in particular, special indulgences 
were granted to all slaves, of which an account is 
given under Saturnalia. 

There was no distinctive dress for slaves. It 
was once proposed in the senate to give slaves a 
distinctive costume, but it was rejected since it 
was considered dangerous to show them their 
number. (Sen. de Clem. i. 24.) Male slaves were 
not allowed to wear the toga or bulla, nor females 
the stola, but otherwise they were dressed nearly 
in the same way as poor people, in clothes of a dark 
colour (pidlati) and slippers (crepidae). (Vestis 
servilis, Cic. in Pis. 38.) 

The rights of burial, however, were not denied 
to slaves, for as the Romans regarded slavery as an 
institution of society, death was considered to put 
an end to the distinction between slaves and free- 
men. Slaves were sometimes even buried with 
their masters, and we find funeral inscriptions ad- 
dressed to the Dii Manes of slaves (Dis Manibus). 
It seems to have been considered a duty for a master 
to bury his slave, since we find that a person, who 
buried the slave of another, hadji right of action 
against the master for the expenses of the funeral. 
(Dig. 11. tit. 7. s. 31) In 1726 the burial vaults 
of the slaves belonging to Augustus and Livia were 
discovered near the Via Appia, where numerous 
inscriptions were found, which have been illustrated 
by Bianchini and Gori and give us considerable 



information respecting the different classes of slaves 
and their various occupations. Other sepulchres 
of the same time have been also discovered in the 
neighbourhood of Rome. 

(Pignorius, de Servis et eorum apud Veteres 
Ministeriis ; Popma, de Operis Servorum ; Blair, 
An Enquiry into the State of Slavery amongst the 
Romans, Edinburgh, 1833 ; Becker, Gallus, vol. i. 
p. 103, &c.) 

SESCUNX. [As, p. 140, b.] 

SESQUIPLA'RES and SESQUIPLA'RII. 
[Exercitus, p. 509, a.] 

SESTE'RTIUM, a placs outside Rome, dis- 
tant two Roman miles and a half (whence the 
name) from the Esquiline gate, where slaves and 
malefactors of the lowest class were put to death 
(Schol. ad Hor. Epod. 5 ; Plut. Galb. 28 ; in locum 
(i. e. Sestertium) servilibus poenis sepositum, Tac. 
Ann. xv. 60). 

SESTE'RTIUS, a Roman coin, which properly 
belonged to the silver coinage, in which it was one- 
fourth of the denarius, and therefore equal to 2i 
asses. Hence the name, which is an abbreviation 
of semis tertius (sc. nummus), the Roman mode of 
expressing 2i. (Varro, L.L. v. 173, ed. MUller ; 
Festus, s.v.; Plin. H. N. xxxiii. 3. s. 13.) The 
word Nummus is often expressed with sestertius, 
and often it stands alone, meaning sestertius. 

Hence the symbol H S or I I S, which is used 
to designate the sestertius. It stands either for 
L L S (Libra Libra et Semis), or for II S, the two 
I's merely forming the numeral two (sc. asses or 
librae), and the whole being in either case equi- 
valent to dupondius et semis. (Priscian, de Ponder. 
p. 1347 ; Festus, p. 347, MUller.) 

When the as was reduced to half an ounce, and 
the number of asses in the denarius was made 
sixteen instead of ten [As, Denarius], the ses- 
tertius was still - 1 of the denarius, and therefore 
contained no longer 2£, but 4 asses. The old reck- 
oning of 1 asses to the denarius was kept, how- 
ever, in paying the troops. (Plin. xxxiii. 3. s. 13.) 
After this change the sestertius was coined in brass 
as well as in silver ; the metal used for it was that 
called Orichalcum, which was much finer than 
the common aes, of which the asses were made. 
(Plin. H. N. xxxiv. 2.) 

The sum of 1 000 sestertii was called sestertium. 
This was also denoted by the symbol H S, the 
obvious explanation of which is "IIS (2^-) mil- 
lia ; " but' Gronovius understands it as 2^ pounds 
of silver (sestertium pondUs argenti), which he con- 
siders to have been worth originally 1000 sestertii, 
and therefore to have represented this value ever 
after. (Pec. Vet. i. 4, 11.) The sestertium was al- 
ways a sum of money, never a coin ; the coin used 
in the payment of large sums was the denarius. 

According to the value we have assigned to the 
Denarius, up to the time of Augustus, we have 

£ s. d. farth. 
the sestertius = 2 "5 
the sestertium = 8 17 1 
after the reign of Augustus 

the sestertius =001 3'5 
the sestertium = 7 16 3 

Taking the earlier value of the sestertius, and 
neglecting the half farthing, we have 1 sestertius 
= two-pence, 6 sestertii = 1 shilling, and 120 ses- 
tertii = 11. sterling. Hence we get the following 
very convenient Rule : to convert sestertii into 



SESTERTIUS. 



SIBYLLIXI LIBRI 



1043 



pounds sterling divide by 120 ; and correct the re- 
sult by adding to it the quotient obtained by dividing 
t/ie original number by 1920 : for '5 of a farthing is 
-ns^-of a pound. . . , 

The sestertius was the denomination of money 
almost always used in reckoning considerable 
amounts. There are a very few examples of the 
use of the denarius for this purpose. The mode of 
reckoning was as follows : — 

Sestertius = sestertius numrnus = nummus. 
Sums below 1000 sestertii were expressed by the 
numeral adjectives joined with either of these forms. 

The sum of 1000 sestertii = mille sestertii = 
M sesterlium (for sestertiorum) = M nummi = M 
nummum (for nummorum) = M sestertii nummi = 
M sestertium nummum = sestertium. These forms 
are used with the numeral adjectives below 1000, 
for sums between 1000 and 1,000,000 sestertii : 
sometimes millia is used instead of sestertia : some- 
times both words are omitted : sometimes nummum 
or sestertium is added. For example, 000,000 
sestertii = sescenta sestertia = sescenta millia = 
tescenta = sescenta sestertia nummum. 

For sums of a thousand sestertia (i. e. a million 
sestertii) and upwards, the numeral adverbs in ies 
(decies, undecies, vicies, <L-c.) are used, with which 
the words centena millia (a hundred thousand) 
must be understood With these adverbs the 
neuter singular sestertium is joined in the case re- 
quired by the constriction. (Nepos, Alt. xiv. 2, 
gives seslertio vicies and sestertio centies.) Thus, 
decies sestertiu m —decies centena millia sesiertium = 
ten times a hundred tlujusand sestertii = 1,000,000 
sestertii = 1000 sestertia : milties HS = millies cen- 
tena millia sestertium — a thousand times one hun- 
dred thousand sestertii = 100,000,000 sestertii = 
100,000 sestertia. When an amount is described 
by more than one of these adverbs in ies, they must 
be added together if the larger numeral stands first, 
but multiplied when the smaller is first ; care how- 
ever being taken not to reckon the centena millia 
which is understood, more than once in the whole 
amount. Thus, Suetonius (Octav. 101) has millies 
et quingenties for 150,000 sestertia, i. e. 100,000,000 
+ 50,000,000 = 150,000,000 sestertii, and imme- 
diately after tfwiterdecies milties for 1,400,000 ses- 
tertia, i.e. 14 x 1000+ 100,000 ( = 1,400,000,000) 
sestertii. A variety was allowed in these forms : 
thus Cicero uses decies et octingenta millia for HJ00 
sestertia, i.e. 1,000,000 + 800,000 sestertii, and 
quaterdecies for 1400 sestertia, i. e. 14 x 100,000 
sestertii. (In Ver. i. 39.) 

When the numbers are written in cypher, it is 
often difficult to know whether sestertii or sestertia 
are meant. A distinction is sometimes made by a 
line placed over the numeral when sestertia are in- 
tended, or in other words, when the numeral is an 
adverb in ies. Thus : — 

HS. M. C. = 1 100 sestertii, but 

US. M.C. = IIS millies centies 

= 110,000 sestertia = 110,000,000 

sestertii. 

Worm (p. 24) gives the following rule : When 
the numbers are divided into three classes by 
points, the right-hand division indicates units, the 
second thousands, the third hundreds of thousands. 
TImm. 1 1 1. XI I. DC = 300,000 12,000 + 600 = 
812,600 sestertii. Hut these distinctions are by- 
no means strictly observed in the manuscripts. 

Like other ports and multiples of the as, the 



sestertius is applied to other kinds of magnitude, 
e. g. pes sestertius for 2i feet. 

It has been assumed throughout this article that 
the forms of sestertium, as a neuter singular, are 
genuine, a fact which may admit of doubt. 

Sesterce is sometimes used as an English word. 
If so, it ought to be used only as the translation of 
sestertius, never of sestertium. [P. S.] 

SEVTR, [Equites, p. 475, a ; Augustalbs, 
p. 180, b.] 

SEX SUFFR.VGIA. [Eql-ites.] 

SEXATRUS. [Quixqiatris.] 

SEXTANS. [As, p. 140, b. ] 

SEXTA'RIL'S, a Roman dry and liquid mea- 
sure, which may be considered one of the principal 
measures in the Roman system, and the connecting 
point between it and that of the Greeks, for it was 
equal to the feVrijs of the latter ; and there can 
be little doubt that the t,iarrns was not an original 
Greek measure, but that the word was introduced 
into the Greek system from the Roman, for the 
purpose of establishing a unit of agreement [Quad- 
kaxt.U.] It was one-sixth of the congins, and 
hence its name : in the Greek system it was one- 
sixth of the chous. It was divided, in the same 
manner as the As, into parts named uncia, sex- 
tans, f/uadrans, triens, quincunx, semissis, <kc. The 
uncia, or twelfth part of the sextarius, was the 
CyaTHUS ; its sextans was therefore two cyathi, 
its quadrans three, its triens four, its quincunx 
five, &c. (Wurm, de Pond. &c. p. 118, comp. the 
Tables.) [P.S.] 

SE'XTULA, the sixth part of the uncia, was 
the smallest denomination of money in use among 
the Romans. (Varro, L.L. v. 171, ed. Miiller.) 
It was also applied, like the uncia, to other kinds 
of magnitude. [Uncia.] [P. S.] 

SIBYLLI'NI LIBRI. These books arc said 
to have been obtained in the reign of Tarquinius 
Pnscus, or according to other accounts in that of 
Tarquinius Supcrbus, when a Sibyl (2i§vAAa), or 
prophetic woman, presented herself before the king, 
and offered nine books for sale. Upon the king 
refusing to purchase them she went and burnt 
three, and then returned and demanded the same 
price for the remaining six as she had done for the 
nine. The king again refused to purchase them, 
whereupon she burnt three more and demanded the 
same sum for the remaining three, as she had done at 
first for the nine : the king's curiosity now became 
excited, so that he purchased the books, and then 
the Sibyl vanished. (I)ionvs. iv. G2 ; Varro, ap. 
lAictant. i. 6 ; Gel], i. 19 ;"Plin. //.A', xiii. 27: 
respecting the ditfercnt Sibyls mentioned by an- 
cient writers see DlVTN ATZO, p. 4 10',b.) These books 
were probably written in Greek, as the later ones 
undoubtedly were, and if so consequently came 
from a Greek source, though it is doubtful from 
what quarter : Niebuhr (Hist, of Home, vol. i. p. 
50C) supposes them to have come from Ionia, but 
they were more probably derived from Cuinac in 
Campania. (Giittlmi;, <!< «//. </<r Horn. Slaatsv. p. 
212.) They were kept in a stone chest under 
ground in the temple of Jupiter Capitol inus, under 
the custody of certain officers, at first only two in 
number, but afterwards increased successively to 
ten and fifteen, of whom nn account is given under 
Dki km vim, p. 387, a. The public were not al- 
lowed to inspect the books, and they were only con- 

ulted by the officers, who had the charge of them, 
at the special command of the senate (ad libros ire, 
3x2 



1044 SIBYLLINI LIBRI. 



SIGNA MILITARIA. 



Cic. de Div. i. 43 ; Liv. xxii. 57). They were 
consulted in the case of prodigies and calamities, 
but it is difficult to ascertain whether they contained 
predictions, or merely directions as to what was to 
be done for conciliating or appeasing the gods, m 
consequence of the mystery which enveloped them 
from the time that one of their keepers was put to 
death for divulging their secrets. (Dionys. I. c. ; 
Valer. Max. i. I. § 13.) Niebuhr remarks from 
the instances in Livy, that the original books were 
not consulted, as the Greek oracles were, for the 
purpose of getting light concerning future events ; 
but to learn what worship was required by the 
gods, when they had manifested their wrath by 
national calamities or prodigies. Accordingly we 
find that the instruction they give is in the same 
spirit ; prescribing what honour was to be paid to 
the deities already recognized, or what new ones 
were to be imported from abroad. They were pro- 
bably written on palm-leaves (Serv. ad Virg. Aen. 
iii. 444, vi. 74), and it is not unlikely that the 
leaves of the Cumaean Sibyl described by Virgil 
were designed as an allusion to the form of the 
Sibylline books. Their nature being such, Niebuhr 
supposes that they were referred to in the same 
way as Eastern nations refer to the Koran and to 
Hafiz : they did not search for a passage and apply 
it, but probably only shuffled the palm leaves and 
then drew one. 

When the temple of Jupiter Capitolinus was 
burnt in B. c. 82, the Sibylline books perished in 
the fire ; and in order to restore them, ambassadors 
were sent to various towns in Italy, Greece, and 
Asia Minor, to make fresh collections, which on 
the rebuilding of the temple were deposited in the 
same place that the former had occupied. (Dionys. 
I. c.) But as a great many prophetic books, many 
of them pretending to be Sibylline oracles, had got 
into general circulation at Rome, Augustus com- 
manded that all such books should be delivered up 
to the praetor urbanus by a certain day and burnt, 
and that in future none should be kept by any 
private person. More than 2000 prophetic books 
were thus delivered up and burnt, and those which 
were considered genuine and were in the custody 
of the state were deposited in two gilt cases at 
the base of the statue of Apollo, in the temple of 
that god on the Palatine, and were entrusted as 
before to the Quindecemvi. (Suet. Aug. 31 ; Tacit. 
Ann. vi. 12.) The writing of those belonging to 
the state had faded by time, and Augustus com- 
manded the priests to write them over again. 
(Dion Cass. liv. 17.) A fresh examination of the 
Sibylline books was again made by Tiberius, and 
many rejected, which were considered spurious. 
(Dion Cass. lvii. 18.) A few years afterwards, 
also in the reign of Tiberius, it was proposed to 
add a new volume of Sibylline oracles to the re- 
ceived collection. (Tacit. I.e.) 

The Christian writers frequency appeal to the 
Sibylline verses as containing prophecies of the 
Messiah ; but these in most cases are clearly 
forgeries. A complete collection of Sibylline ora- 
cles was published by Gallaeus, Amst. 1689 : frag- 
ments of them have also been published by Mai, 
Milan 1817,and Struve, Regiomont. 1818. (Com- 
pare Heidbreede, de Sibyllis Dissertat., Berol. 
1835.) 

The Sibylline books were also called Fata Sibyl- 
Una (Cic. Cat. iii. 4), and Libri Fatales. (Liv. v. 
15, xxii. 57.} Those that were collected after 



the burning of the temple on the Capitol, were 
undoubtedly written in Greek verses, and were 
acrostics (a/cpocrrixis, Cic. de Div. ii. 54 ; Dionys. 
1. c.). Along with the Sibylline books were pre- 
served under the guard of the same officers the 
books of the two prophetic brothers, the Marcii 
(Serv. ad Virg. Aen. vi. 72 ; Cic. de Div. i. 40, 
ii. 55), the Etruscan prophecies of the nymph 
Bygoe, and those of Albuna or Albunea of Tibur. 
(Lactant. i. 6.) Those of the Marcii, which had 
not been placed there at the time of the battle of 
Cannae, were written in Latin : a few remains of 
them have come down to us in Livy (xxv. 12) and 
Macrobius (Sat. i. 17). See Niebuhr, vol. i. p. 
507 ; GSttling, Gesch. d. Rom. Staatsv. p. 213 ; 
Plartung, Die Religion d. Romer, vol. i. p. 129, &c. 

SICA, dim. SICILA, whence the English sickle, 
and SICILICULA (Plaut. Rud. iv. 4. 125), a 
curved dagger, adapted by its form to be concealed 
under the clothes, and therefore carried by robbers 
and murderers. [Acinaces.] (Cic. Cat. iii. 3.) 
Sica may be translated a scimitar to distinguish 
it from Pugio, which denoted a dagger of the 
common kind. Sicarius, though properly meaning 
one who murdered with the sica, was applied to 
murderers in general. (Quintil. x. i. § 12.) Hence 
the forms de sicariis and inter sicarios were used in 
the criminal courts in reference to murder. Thus 
judicium inter sicarios, " a trial for murder " (Cic. 
pro Rose. 5) ; defendere inter sicarios, " to defend 
against a charge of murder " (Phil. ii. 4). [ J. Y.] 
SICA'RIUS. [Sica ; Lex Cornelia, p. 687.] 
SICILICUS. [Scrupulum ; Uncia.] 
SIGILLA'RIA. [Saturnalia.] 
SIGMA. [Mensa.] 

SIGNA MILITA'RIA (rnifiein, <r W a/ai), 
military ensigns or standards. The most ancient 
standard employed by the Romans is said to have 
been a handful of straw fixed to the top of a spear 
or pole. Hence the company of soldiers, belonging 
to it, was called Manipulus. [Exercitus, p. 
500, b.] The bundle of hay or fern was soon suc- 
ceeded by the figures of animals, of which Pliny 
(H.N. x. 4. s. 5) enumerates five, viz. the eagle, 
the wolf, the minotaur (Festus, s.v. Minotaur.), 
the horse, and the boar. In the second consulship 
of Marius, B. c. 1 04, the four quadrupeds were en - 
tirely laid aside as standards, the eagle being alone 
retained. It was made of silver, or bronze, and 
with expanded wings, but was probably of a small 
size, since a standard-bearer (signi/er) under Julius 
Caesar is said in circumstances of danger to have 
wrenched the eagle from its staff and concealed it 
in the folds of his girdle. (Flor. iv. 12.) 

Under the later emperors the eagle was earned, 
as it had been for many centuries, with the legion, 
a legion being on that account sometimes called 
aquUa (Hirt. Bell, Hisp. 39), aud at the same time 
each cohort had for its own ensign the serpent or 
dragon (draco, hpaicwv), which was woven on a 
square piece of cloth (textilis anguis, Sidon. Apoll. 
Carm. v. 409), elevated on a gilt staff, to which a 
cross-bar was adapted for the purpose (Themist. 
Orat. i. p. 1, xviii. p. 267, ed. Dindorf ; Clau- 
dian, iv. Cons. Honor. 546 ; vi. Cons. Honor. 566), 
and carried by the draconarius. (Veget. de Re 
Mil. ii. 13 ; compare Tac. Ann. i. 18.) 

Another figure used in the standards was a ball 
(pila), supposed to have been emblematic of the 
dominion of Rome over the world (Isid. Orig. 
xviii. 3) ; and for the same reason a bronze figure 



SIGNA MILITARIA. 
of Victory was sometimes fixed at the top of the 
staff, as we see it sculptured, together with small 
statues of Mars, on the Column of Trajan and the 
Arch of Constantine. (See the next woodcut, and 
Causeus de Sig. in Graevii T/ies. vol. x. p. 2529.) 
Under the eagle or other emblem was often placed 
a head of the reigning emperor, which was to the 
army the object of idolatrous adoration. (Josephus, 
B.J. ii. 9. § 2 ; Suet. Tilier. 4H,Ca/ig. 14 ; Tac. 
Ann. i. 39, 41, iv. 62.) The name of the em- 
peror, or of him who was acknowledged as emperor, 
was sometimes inscribed in the same situation. 
(Sueton. Vespas. 6.) The pole, used to carry the 
eagle, had at its lower extremity an iron point 
(cusp/is) to fix it in the ground, and to enable the 
aquilifer in case of :;eed to repel an attack. (Suet. 
Jul. 62.) 

The minor divisions of a cohort, called centuries, 
had also each an ensign, inscribed with the num- 
ber both of the cohort and of the century. By 
this provision, together with the diversities of the 
crests worn by the centurions [Galea], even- 
soldier was enabled with the greatest ease to take 
his place. (Veget. /. c.) 

In the Arch of Constantine at Rome there are 
four sculptured panels near the top, which exhibit 
a great number of standards, and illustrate some of 
the forms here described. The annexed woodcut 



SIGXA MILITARIA. 



1045 




is copied from two out of the four. The first panel 
represents Trajan giving a king to the Pnrlhians : 
seven standards are held by the soldiers. The 
second, containing five standard*, represents the 
performance of the sacrifice called suotetaurilia. 
(Bartoli, Are. Triumph.) 

When Constantine had embraced Christianity, 
a figure or emblem of Christ, woven in gold upon 
purple cloth, was substitute d for the head of the 
emperor. This richly ornamented standard was 
called labarvm. (Prudentius cont. St/mm. i. 406, 
488 ; Nicrph. //. E. vii. 37.) 

Since the movements of a body of troops and of 
every poriion of it were regulated by the standards, 
nil the evolutions, acts, and incidents of the Ro- 
man army were expressed by phrases derived 
from this circumstance. Thus siijna inferre meant 




to advance (Caesar, D. G. i. 25, ii. 25), re/erre to 
retreat, and convertere to face about ; eff'erre, or 
enstris vellere, to march out of the camp (Virg. 
Georg. i. 108) ; ad aigna com-enire, to re-assemble. 
(Caesar, Ii. G. vi. 1. 37.) Notwithstanding some 
obscurity in the use of terms, it appears that, 
whilst the standard of the legion was properly 
called arptita, those of the cohorts were in a special 
sense of the term called signa, their bearers being 
signi/eri, and that those of the manipuli or smaller 
divisions of the cohort were denominated vexilla, 
their bearers being vexillarii. Also those who 
fought in the first ranks of the legion before the 
standards of the legion and cohorts were called 
antesignani. (Caesar, B. C. i. 43, 44, 56.) A pecu- 
liar application of the term vexillarii is explained 
on p. 507, b. 

In military stratagems it was sometimes neces- 
sary to conceal the standards. (Caesar, //. G. vii. 
45.) Although the Romans commonly considered 
it a point of honour to preserve their standards, yet 
in some cases of extreme danger the leader himself 
threw them among the ranks of the enemy in 
order to divert their attention or to animate his 
own soldiers. (Floras, i. 1 1.) A wounded or dying 
standard-bearer delivered it, if possible, into the 
hands of his general (Floras, iv. 4), from whom he 
had received it (sirpiis am-ptis, Tac. Ann. i. 42). 
In time of peace the standards were kept in the 
AXRARIDU under the care of the Quaestor. 

We have little information respecting the stand- 
ards of any other nation besides the Romans. 
Tile banners of the Parthians appear to have had a 
similar form to that ot the Romans, but were more 
richly decorated with gold and silk. [Skiucum.] 
A golden eagle with expanded wings was the royal 
standard of Persia. (Xcn. Cyroji. vii. J. § 4, Anal). 
i. 10. § 12.) The military ensigns of the Egyptians 
were very various. Their sacred animals were re- 
presented in than (Diod. i. 86), nnd in the paint- 
ings at Thebes we observe such objects as a king's 
name, a sacred boat, or some other emblem, ap- 
plied to the same purpose. (Wilkinson, Man. and 
Ctul. vol. i. p. 294. ) The Jewish army was probably 
marshalled bv the nid of banners (/'». xx. 5 ; 
3x3 



1046 



SISTRUM. 



SITOPHYLACES. 



Cant. vi. 4 ; Is. xiii. 2) ; but not so the Greek, 
although the latter had a standard, the elevation 
of which served as a signal for joining battle, 
either by land (Polyaen. iii. 9. § 27 ; Corn. Nepos, 
xi. 2. § 2) or by sea. (Thucyd. i. 49.) A scarlet 
flag ((jroivmls) was sometimes used for this pur- 
pose. (Polyaen. i. 48. § 2.) [J. Y.] 
SIGNINUM OPUS. [Domus, p. 431, a.] 
SIGNUM, a division of the Roman legion. 
[Exercitus, p. 501, a.] 

SILENTIA'RII. [Praepositus.] 
SILICE'RNIUM. [Funus, p. 562, a.] 
SILIQUA. [Uncia.] 

SI'MPULUM or SIMPU'VIUM, was the 
name of a small cup used in sacrifices, by which 
libations of wine were offered to the gods. Festus 
says that it was not unlike the cyathus. (Festus, 
s. v. ; Varr. L. L. v. 124, ed. Muller ; Plin. H. N. 
xxxv. 12. s. 46 ; Juv. vi. 343 ; Cic. de Rep. vi. 2.) 
It often appears on Roman coins, as on the an- 
nexed coin of the Sestia gens, which represents on 
the obverse a tripod with a secespita on one side 
and a simpuvium on the other. A simpuvium also 
appears on the coin figured under Secespita. 




There was a proverbial expression eoccitare fluctus 
in simpulo, " to make much ado about nothing " 
(Cic. de Leq. iii. 16). 
SINDON. [Pallium, p. 8.51, b.] 
SINGULA'RES. [Exercitus, p. 508, b.] 
SIPA'RIUM, a piece of tapestry stretched on a 
frame, which rose before the stage of the theatre 
(Festus, s.v.; Cic. Prov. Cons. 6 ; Juv. viii. 186), 
and consequently answered the purpose of the 
drop-scene with us, although, contrary to our prac- 
tice, it was depressed when the play began, so as 
to go below the level of the stage (uutaea premun- 
tur, Hor. Epist. ii. 1. 189), and was raised again 
when the performance was concluded (toltuntur, 
Ovid. Met. iii. Ill — 114). From the last-cited 
passage we learn that human figures were repre- 
sented upon it, whose feet appeared to rest upon 
the stage when this screen was drawn up. From 
a passage of Virgil (Georg. iii. 25) we further 
learn, that the figures were sometimes those of 
Britons woven in the canvass and raising their 
arms in the attitude of lifting up a purple curtain, 
so as to be introduced in the same manner as 
Atlantes, Persae, and Caryatides. 

In a more general sense siparium denoted any 
piece of cloth or canvass stretched upon a frame. 
(Quintil. vi. 1. § 32.) [J. Y.] 

SISTRUM (aua-Tpov), a mystical instrument 
of music, used by the ancient Egyptians in their 
ceremonies, and especially in the worship of Isis. 
(Ovid. Met. ix. 784, Amor. ii. 13. 11, iii. 9. 34, 
de Ponto, i. 1. 38.) It was held in the right hand 
(see woodcut), and shaken, from which circum- 
stance it derived its name (aera repulsa manu, 
Tibull. i. 3. 24). Its most common form is seen in 
the right-hand figure of the annexed woodcut, 
which represents an ancient sistrum formerly be- 
longing to the library of St. Genovefa at Paris. 



Plutarch (de Is. et Osir. pp. 670, 671, ed. Steph.) 
says, that the shaking of the four bars within the 
circular apsis represented the agitation of the four 
elements within the compass of the world, by which 
all things are continually destroyed and repro- 
duced, and that the cat sculptured upon the apsis 
was an emblem of the moon. Apuleius (Met. xi. 




pp. 119, 121, ed. Aldi) describes the sistrum as a 
bronze rattle (aureum crepitaculum), consisting of a 
narrow plate curved like a sword-belt (balteus), 
through which passed a few rods, that rendered a 
loud shrill sound. He says that these instruments 
were sometimes made of silver or even of gold. 
He also seems to intimate, that the shakes were 
three together (tergeminos ictus), which would 
make a sort of rude music. 

The introduction of the worship of Isis into 
Italy shortly before the commencement of the 
Christian aera made the Romans familiar with this 
instrument. The " linigeri calvi. sistrataque turba " 
(Mart. xii. 29) are most exactly depicted in two 
paintings found at Portici (Ant. d^Ercolano, vol. ii. 
pp. 309 — 320), and containing the two figures of a 
priest of Isis and a woman kneeling at her altar, 
which are introduced into the preceding woodcut. 
The use of the sistrum in Egypt as a military in- 
strument to collect the troops is probably a fiction. 
(Virg. Aen. viii. 696 ; Propert. iii. 11. 43.) The 
sistrum is used in Nubia and Abyssinia to the pre- 
sent day. 

Sistrum, which is in fact, like Sceptrum, a 
Greek word with a Latin termination, the proper 
Latin term for it being crepitaculum, is sometimes 
used for a child's rattle. (Martial, xiv. 54 ; Pollux, 
ix. 127.) [J. Y.] 

SITELLA. [Situla.] 

SITO'NAE (aiTwvai). [Sitos.] 

SITOPHY'LACES (cnrofiAaKes), a board of 
officers, chosen by lot, at Athens. They were at 
first three, afterwards increased to fifteen, of whom 
ten were for the city, five for the Peiraeeus. Their 
business was partly to watch the arrival of the 
corn ships, take account of the quantity imported, 
and see that the import laws were duly observed ; 
partly to watch the sales of corn in the market, 
and take care that the prices were fair and reason- 
able, and none but legal weights and measures 
used by the factors ; in which respect their duties 
were much the same as those of the Agoranomi 
and Metronomi with regard to other saleable articles. 
[Sitos.] Demosthenes refers to the entry in the 



SITOS. 



SITOS. 



1047 



books of the Sitophylaces (ttjv irapa to?s onotpv- 
\a£iv airoypa<pT]v) to prove the quantity of corn 
imported from Pontus, which (he says) was equal 
to all that came from elsewhere, owing to the 
liberality of Leucon, king of the Bosporus, who 
allowed corn to be exported from Theudosia to 
Athens free of duty. (Demosth. c. Leptin. 466, 
467.) These books were probably kept by the 
five who acted for the Peiraeeus, whose especial 
business it would be to inspect the cargoes that 
wereunladen. (Harpocr. s.r. ~S.notpvKaK(s : Biickh, 
PM. Econ. of Athens, p. 83, 2d ed.) [C. R. K.] 
SITOS (ovros), corn. The soil of Attica, though 
favourable to the production of figs, olives, and 
grapes, was not ao favourable for corn ; and the 
population being very considerable in the flourishing 
period of the Athenian republic, it was necessary 
to import corn for their subsistence. According to 
the calculation of B'ickh, which does not mate- 
rially differ from that of other writers, there were 
135,000 freemen and 365,000 slaves residing in 
Attica. The country, which contained an area of 
64,000 stadia, produced annually about two millions 
of medimni of corn, chiefly barley. The medimnus 
was about 1 bushel, 3 gallons, and 5'75 pints, or 
48 Attic x '"""*- A X°' v '£ was considered a fair 
daily allowance of meal (ripepriala rpotprj) for a 
slave. The consumption of the whole population 
was three million medimni, and one-third therefore 
was imported. It came from the countries border- 
ing on the Euxine Sea (Pontus, as it was Killed by 
the Greeks), and more especially from the Cimme- 
rian Bosporus and the Thracian Chersonese ; also 
from Syria, Egypt, Libya, Cyprus, Rhodes, Sicily, 
and Euboea. The necessities of the Athenians 
made them exceedingly anxious to secure a plenti- 
ful supply, and every precaution was taken for that 
purpose by the government as well as by the legis- 
lator. Sunium was fortified, in order that the com 
vessels {trnaywyal oAxaoej) might come safely 
round the promontory. Ships of war were often 
employed to convoy the cargo {-napairifiTrav tov 
ai-rov) beyond the reach of an enemv. ( Uem. tie 
Coron. 250, 261, cPolyd. 1211.) When Pollis, 
the Lacedaemonian admiral, was stationed with 
his fleet off Aegina, the Athenians embarked in 
haste, under the command of Chabrias, and offered 
him battle, in order that the corn-ships, which had 
arrived as far as Geraestus in Euboea, might get 
into the Peiraeeus. (Xenoph. llcllen. v. 4. § 61.) 
One of the principal objects of Philip in his attack 
on Byzantium was that, by taking that city he 
might command the entrance to the Euxine, and 
to have it in his power to distress the Athenians 
in the corn trade. Hence the great exertions made 
by Demosthenes to relieve the Byzantines, of the 
success of which he justly boasts (do Coron. 254, 
307, 326). 

The measures taken by the legislature to obtain 
supplies of corn may appear harsh, and their policy 
is at least doubtful, but they strongly evince the 
anxiety of the prople on the subject. Exportation 
was entirely prohibited, nor was any Athenian or 
resident alien allowed to earn' corn to any other 
plan- than Athens (trtTnyfiv oAAifir* $ 'AO^vaCt). 
Whoever did so, was punishable with death. ( Dem. 
r. I'hnrm. 9 18 ; Lycurg. e. I.mcr. 151, cd. Steph.) 
Of the corn brought into the Athenian port two- 
thirds was to be brought into the city and sold 
then-. (Ilarpocr. s. v. 'Ejt»j»«A7;t))| ipiroplov.) No 
one might lend money on a ship that did not sail 



with an express condition to bring a return cargo, 
part of it com, to Athens. If any merchant, capi- 
talist, or other person advanced money or entered 
into any agreement in contravention of these laws, 
not only was he liable to the penalty, but the agree- 
ment itself was null and void, nor could he recover 
any sum of money, or bring any action in respect 
thereof. (Dem. cLacrit. 941.) Information against 
the offenders was to be laid before the iirefieK^Ttu 
too efitropiov. (Meier, Alt. P 'roc. p. 87.) Strict 
regulations were made with respect to the sale of 
com in the market. Conspiracies among the corn- 
dealers (anoirwXai) to buy up the com ( trvvwvutr- 
<?ai), or raise the price {avvitnivai Tar tiuos), 
were punished with death. They were not allowed 
to make a profit of more than one obol in the me- 
dimnus ; and it was unlawful to buy more than 
fifty tpopfioi at a time. It is not certain what the 
size of a <popn6s was : Biickh supposes it to be 
about as much as a medimnus. These laws remind 
us of our own statutes against engrossing and re- 
grating ; but they appear to have been easily evaded 
by the corn-dealers. (See the speech of Lysias 
koto tuv onoiruiKwv : Dem. c. Dionysod. 1285.) 
The sale of com was placed under the supervision 
of a special board of officers called Sitophylaces 
(o-tTo<pv\a.Kfs), while that of all other marketable 
commodities was superintended by the agoranomi. 
(Lys. id. 165, cd. Steph.) It was their business 
to see that meal and bread were of the proper 
quality, and sold at the legal weight and price. 
They were bound to detect the frauds of the factor 
and the baker, and (if we may believe Lysias) 
they sometimes suffered death for their want of 
vigilance. The mode of proceeding against them 
was by flaayyeKia before the senate. (Platner, 
Proc. und Klag. vol. ii. p. 140.) 

Notwithstanding these careful provisions, scarci- 
ties (anob'iiai) frequently occurred at Athens, 
either from bad harvests, the misfortunes of war, 
or other accidental causes. The state then made 
great efforts to supply the wants of the people by 
importing large quantities of com, and selling it at 
a low price. Public granaries were kept in the 
Odeum, Pompcum, Long Porch, and naval store- 
house near the sea. (Pollux, ix. 45 ; Dem. c. 
Phorm. 91!!.) Silonae {aniivai) were appointed 
to get in the supply and manage the sale. De- 
mosthenes was appointed on one occasion to that 
office (de Coron. 310.) Persons called apodectae 
(ojroSfKToi) received the com, measured it out, 
and distributed it in certain quantities. (Pollux, 
viii. 114.) Public-spirited individuals would some- 
times import grain at their own expense, and sell 
it at a moderate price, or distribute it gratuitously. 
(Dem. c. Phorm, 918.) We read of the Athenian 
state receiving presents of com from kings nnd 
princes. Thus Leucon, king of the Bosporus, sent 
a large present, for which he bad the honour of 
oT«A<ia (exemption from customs-duties) conferred 
on him by a decree of the people. ( Dem. r. hptin. 
467 ; see Isocr. Tpairt^r. 370, cd. Steph.) Psam- 
metichus, an Egyptian prince, sent n present in 
Olymp. 83. 4, Demetrius in Olymp. 118. 2, Spar- 
tacus, king of the Itinpnnis, a few years after. In 
later times, that mnde by the Roman Atticus is 
well known. On the whole of this subject the 
reader is referred to Hikkh {I'M. Econ. of Alhrnj, 
p. 77, &c, 2nd. ed.), where also he will find tbo 
various prices of meal and bread nt Athens, and 
other details, copiouslv explained. As to the duty 
3 1 I 



1048 SITOU DIKE. 



soccus. 



payable on the importation of corn, see Pente- 
coste. 

2?Toy is strictly wheat-flour, a\<pira barley-flour, 
■wvpol wheat, Kpidai baric;/, &pTos wheat bread, /J.a(a 
barley-bread. Sitos, however, is often applied to 
all kinds of corn, and even in a larger sense to pro- 
visions in general. [C. R. K.] 

SITOU DIKE (triVou S'uirj). The marriage 
portion (irpol^) being intended as a provision for 
the wife, although it was paid to the husband by 
her father, brother, or other natural guardian (kv- 
pios), if anything happened to sever the marriage 
contract, the husband or his representative was 
bound to repay it ; or, if he failed to do so, he was 
liable to pay interest upon it at the rate of eighteen 
per cent, per annum (eV ivvea bSoXols TOKO<popuv). 
This was the law in case of a divorce (Demosth. c. 
Neaer. 1362) ; and also when, after a contract of 
marriage, and after payment of the marriage por- 
tion, the intended husband refused to perform his 
engagement. (Demosth. c. Aphob. 818.) Upon the 
death of the husband without children, the wife 
and her money went back to the natural guardian 
(Isaeus, de Pyrr. her. 41, ed. Steph.) ; but if he 
died leaving children, she had the option of staying 
with them or going back to her Kvpios. If she did 
the latter, the children (or their guardian, if they 
were under age) were bound to pay back the por- 
tion to the Kvpios, or eighteen per cent, interest in 
the meantime. (Isaeus, de Pyrr. her. 38, 46, ed. 
Steph.) And if she married again, her Kvpms was 
bound in honour to give the same sum to her new 
husband. (Demosth. c. Bocot. de dote, 1010.) Upon 
the transferof a woman from one husband to another, 
which was not uncommon, the irpol^ was trans- 
ferred with her. (Demosth. c. Onet. 866.) A wo- 
man's fortune was usually secured by a mortgage 
of the husband's property ; but whether this was 
so or not, her guardian, in any of the cases above 
mentioned, might bring an action against the party 
who unjustly withheld it ; Si'ktj irpoiKbs, to recover 
the principal. S'lkti a'nov, for the interest. The 
interest was called o"itos (alimony or maintenance), 
because it was the income out of which the woman 
had to be maintained, at otpetAS/xevat rpoipal, fj 
StSo/xevr) TrpdtroSos eis Tpcup^v rats yvvai^iv. (Har- 
pocr. s. v. 'Sitos : Pollux, viii. 33 ; Demosth. c. 
Aphob. 839, 854.) The word atros is often used 
generally for provisions, just as we use the word 
bread. So in the law, which required the son of 
an iw'ncXrjpos to maintain his mother when he 
came of age and took possession of her inheritance, 
the expression is tov o~1tov /xfTpeiu rrj firiTpi. 
(Demosth. c. Steph. 1135.) The allowance for 
rations given to soldiers was called anripzaiov. 
(Bockh, Publ. Econ. of Athens, p. 272, 2d ed.) 
The S'lkti a'nov was tried before the archon in 
the Odeum, the same building in which the corn 
granaries were kept, which makes it not improbable 
that in earlier times the defendant was called upon 
to pay the damages in hind, that is, in corn or some 
other sort of provisions ; though it was soon found 
to he more convenient to commute this for a money 
payment. This cause, like the Sfmj n-pouchs, seems 
to have belonged to the fp.fir)vot Sinai, as it was pre- 
sumed that the woman could not wait long fox the 
means of her daily subsistence. It was ari/zriros, 
for the damages were clearly liquidated, being a 
mere matter of calculation, when the payment of 
the marriage portion was proved. (Suidas, s. v. 
'nSuov : Pollux, iii. 47, vi. 153, viii. 31, 33 ; | 



Meier, Att. Proc. pp. 43, 423—427 ; Platner, 
Proc. und Klaq. vol. ii. p. 266.) [C. R. K.] 
SITTYBAE. [Liber.] 

SI'TULA, dim. SITELLA (ASpi'o), was pro- 
bably a bucket or pail for drawing and carrying 
water (Plaut. Amph. ii. 2. 30), but was more usu- 
ally applied to the vessel from which lots were 
drawn : SitcRa, however, was more commonly used 
in this signification. (Plaut. Cas. ii. 5. 34, 43, ii. 6. 
7, 11, Liv. xxv. 3, xli. 18.) It appears that the 
vessel was filled with water (as among the Greeks, 
whence the word vSpia), and that the lots (sortes) 
were made of wood ; and as, though increasing in 
size below, it had a narrow neck, only one lot 
could come to the top of the water at the same 
time, when it was shaken. (Situlam hue tecum 
afferto cum aqua et sortes, Plaut. Cas. ii. 4. 17 ; Cic. 
in Verr. ii. 51 ; Vopisc. Prob. 8.) The vessel used 
for drawing lots was also called urna or orca as 
well as Situla or Sitella. (Cic. in Vatin. 1 4 ; Val. 
Max. vi. 3. § 4 ; Virg. Aen. vi. 431, &c. ; Lucian, 
v. 394, with Schol. ; compare Pers. iii. 48.) 

It is important to understand the true meaning 
of Sitella, since almost all modern writers have 
supposed that the name of Sitella or Cista was 
given indifferently to the ballot-box, into which 
those who voted in the comitia and courts of 
justice cast their tabellae : but Wunder (Codex 
Erfutensis, p. clviii. &c.) has proved, that the 
opinion of Manutius (de Comitiis Romanis, c. 15. 
p. 527, ed. Graev.) is correct, who maintained that 
the Sitella was the urn, from which the names of 
the tribes or centuries were drawn out by lot, so 
that each might have its proper place in voting, 
and that the Cista was the box into 
which the tabellae were cast. [Cista.] /jh 
The form of the Sitella is preserved on \J 
a coin of the Cassia gens, which is repre- 
sented in the annexed cut. 

SOCCUS, dim. SO'CCULUS, was nearly if not 
altogether equivalent in meaning to Crepida, and 
denoted a slipper or low shoe, which did not fit 
closely, and was not fastened by any tie. (Isid. 
Orig. xix. 33.) Shoes of this description were 
worn, more especially among the Greeks together 
with the Pallium, both by men and by women. 
But those appropriated to the female sex were 
finer and more ornamented (Vim. H.N. ix. 35. s. 56 ; 
Soccus mutiebris, Suet. Calk/. 52, Vitell. 2), although 
those worn by men were likewise in some instances 
richly adorned according to the taste and means of 
the wearer. (Plaut. Bacch. ii. 3. 98.) 




SOCIETAS. 



SOCIETAS. 



1049 



For the reasons mentioned under the articles 
Baxa and Crepida the Soccus was worn by 
comic actors (Hor. Ars Pott. 80, 90), and was in 
this respect opposed to the CoTHVRNUS. (Mart, 
viii. 3. 13 ; ¥\m.Epist. ix. 7.) The preceding wood- 
cut is taken from an ancient painting of a buffoon 
[Mines], who is dancing in loose yellow slippers 
(luteum soccum, Catull. Epithal. Jul. 10). This 
was one of their most common colours. (De L'Aul- 
naye, Salt. Thtat. pi. IT.) [Solea.] [J. Y.J 

SOCI'ETAS. Societas is classed by Gaius (iiL 
135) and in the Institutions of Justinian among 
those obligationes which arise Consensu. AVhen 
several persons unite for a common purpose, which 
is legal, and contribute the necessary means, such 
a union is Societas, and the persons are Socii. (Dig. 
17. tit. 2. s. .57.) The contract of Societas might 
either be made in words or by the acts of the par- 
ties, or by the consent of the parties signified 
through third persons : it required no particular 
form of agreement. A Societas might be formed 
either for the sake of gain to arise from the dealings 
and labour of the Socii (r/uaestus), or not Societas 
for the purpose of quaestus corresponds to the Eng- 
lish Partnership. A Societas might be formed 
which should comprise all the property of the Socii 
(societas omnium lionorum) ; in which case as soon 
as the Societas was formed, all the property of all 
the Socii immediately became common (res quae 
coeuntium sunt cnntinuo communicantur). But the 
Societas might be limited to a part of the property 
of the Socii or to a single thing, as the buying and 
selling of slaves, or to carrying on trade in a par- 
ticular thing in a particular place. (Cic. pro P. 
Quintio, c. 3.) The communion of property in a 
Societas might also be limited to the use of the 
things. A Societas might be formed either in 
per/jctuum, that is, so long as the parties lived, or 
ad tempus or in temjif/rc or sub condilione. (Dig. 17. 
tit 2. s. 1.) 

Each Socius was bound to contribute towards 
the objects of the Societis according to the terms 
of the contract. But it was not necessary that all 
the Socii should contribute money : one might sup- 
ply money and another might supply labour (opera), 
and the profit might be divisible between them, 
for the labour of one might be as valuable as the 
money of the other. In the case of Roscius the 
actor," Fannius had a slave Panurgus, who by 
agreement between Rosrius and Fannius was made 
their joint property (communis). Roscius paid 
nothing for his one half of the man, but he under- 
took to instruct him in his art Apparently they 
became partners in the man in equal shares, for 
Cicero complains of the terms of the Societas on 
the part of Roscius whose instruction was worth 
much more than the price of the slave before he was 
taught hisart. (Cic. pro Q. Hondo Com. 10.) The 
agreement between the Socii might also be, that 
one Socius should sustain no loss and should have 
a share of the gain, provided his labour was so 
valuable as to render it equitable for him to become 
a partner on such terms. If the shares of the Socii 
were not fixed by agreement they were considered 
to be equal. (Dig. 17. tit 2. s. 29.) One partner 
might have two or more shares, and another might 
have only one, if their contributions to the Societas 
in money or in labour were in these proportions. 
If the ngrecmcnt was merely as to the division of 
profit it followed that the Socii must bear the 
losses in the same proportion. Koch Socius wos 



answerable to the others for his conduct in the 
management of the business : he was bound to use 
Diligentia and was answerable for any loss through 
Culpa. The action which one socius had against 
another in respect of the contract of partnership, 
was an actio directa and called Pro Socio (cur non 
arbitrum pro socio ader/eris Qu. lioscium, &c. ; Cic. 
pro Q. Roscio Com. 9). The action might be 
brought for any breach of the agreement of part- 
nership, for an account and for a dissolution. A 
partner might transfer his interest to another per- 
son, but this transfer did not make that other per- 
son a partner, for consent of all parties was essential 
to a Societas : in fact such a transfer was a disso- 
lution of the partnership, and the person to whom 
the transfer was made might have his action De 
Communi dividundo. But there might be the pro 
socio actio against the heres of a socius, for though 
the heres is not a socius, yet he succeeds to the in- 
terest of his testator or intestate in the partnership 
(emolumento successor est; Dig. 17. tit. 2. s. 63. 
§8). 

Each socius had a right of action in proportion 
to his interest against any person with whom any 
of the socii had contracted, if the socii had com- 
missioned him to make the contract or had ap- 
proved of the contract ; or if it was an action 
arising from a delict. Thus in the case of Roscius 
and Fannius, they had severally sued a third person 
in respect of their several claims as partners, and 
yet Fannius still claimed the half of what Roscius 
had recovered in respect of his share in the part- 
nership. (Pro Q. Hose. Com. 11, 17, 18.) In all 
other cases the person who made the contract could 
alone sue. All the socii could be sued if they had 
all joined in the contract with a third person, and 
each in proportion to his share. If one socius con- 
tracted on behalf of all, being commissioned to do 
so, all were liable to the full amount (in solidum). 
If a socius borrowed money, the other socii were 
in no case bound by his contract, unless the money 
had been brought into the common stock. In fact 
the dealings of one partner did not bind the other 
partners, except in such cases as they would be 
bound independent of the existence of the Societas. 
Condemnatio in an Actio Pro Socio was sometimes 
attended with Infamia. 

A Societas, unless it was for a limited period, 
could be ended at the pleasure of any one of the 
socii : any member of the body could give notice 
of dissolution when he pleased (renuntiarc socictuti), 
and therefore the Societas was dissolved (solritur). 
Hut in the case of a societas omnium bonorum, if 
one socius had been appointed heres, he could not 
by giving notice of dissolution defraud his co- 
partners of their share of the hercditas. The death 
of a partner dissolved the Societas ; and a Capitis 
diniiuutio was said to have the same effect. If the 
property of any one of the socii was sold either 
publice (ionorHi/i /i«A/i<-«/i'o) or privatim,thc Societas 
was dissolved. It was also dissolved when the 
purpose for which it was formed was accomplished ; 
or the things in which there was a Societas, had 
ceased to exist ; or by the lapse of the time for 
which it was formed. 

If on the dissolution of a partnership then was 
no profit, but a loss to sustain, the hiss was borne, 
as already stilted, by the socii in proportion to their 
shares. If one man contributed money and another 
labour, nnd there was a loss, how was the loss 
borne? If the money and the labour were con- 



1050 



SOCII. 



SOCII. 



sidered equivalent, it would seem to follow that 
until the partnership property were exhausted by 
the payment of the debts, there should be no pe- 
cuniary contribution by the person who supplied 
the labour. This principle is a consequence of 
what Gaius states that the capital of one and the 
labour of another might be considered equal, and 
the gain might be divided, and if there was a loss 
the loss must be divided in the same proportion. 

Societates were formed for the purposes of farm- 
ing the public revenues. [Publicani.] 

(Gaius, iii, 148— 154 ; Dig. 17. tit. 2 ; Inst 3. 
tit. 26 ; Cod. 4. tit. 37 • Muhlenbruch, Doctrina 
Pandectarum ; Mackeldey, Lehrbach, &c. ; Hasse, 
Die Culpa dcs Rom. Rechts. s. 46, 49.) [G. L.] 

SO'CII (o-iififxaxoi). In the early times, when 
Rome formed equal alliances with any of the sur- 
rounding nations, these nations were called Socii. 
(Liv. ii. 53.) After the dissolution of the Latin 
league, when the name Latini, or Women Latinum, 
was artificially applied to a great number of Ita- 
lians, few only of whom were real inhabitants of 
the old Latin towns, and the majority of whom 
had been made Latins by the will and the law of 
Rome, there necessarily arose a difference between 
these Latins and the Socii, and the expression 
Socii Nomen Latinum is one of the old asyndeta, 
instead of Socii et Nomen Latinum. The Italian 
allies again must be distinguished from foreign al- 
lies. Of the latter we shall speak hereafter. The 
Italian allies consisted, for the most part, of such 
nations as had either been conquered by the Ro- 
mans, or had come under their dominion by other 
circumstances. When such nations formed an 
alliance with Rome, they generally retained their 
own laws ; or if at first they were not allowed this 
privilege, they afterwards received them back again. 
The condition of the Italian allies varied, and 
mainly depended upon the manner in which they 
had come under the Roman dominion (Liv. viii. 25, 
ix. 20) ; but in reality they were always depend- 
ent upon Rome. Niebuhr {Hist, of Rome, vol. iii. 
p. 616) considers that there were two main con- 
ditions of the Socii, analogous or equal to those of 
the provincials, that is, that they were either 
foederati or liberi (immunes, Cic. c. Verr. iii. 6). 
The former were such as had formed an alliance 
with Rome, which was sworn to by both parties ; 
the latter were those people to whom the senate 
had restored their autonomy after they were con- 
quered, such as the Hernican towns. (Liv. ix. 43.) 
But the condition of each of these classes must 
again have been modified according to circum- 
stances. The cases in which Rome had an equal 
alliance with nations or towns of Italy became 
gradually fewer in number : alliances of this kind 
existed indeed for a long time with Tibur, Prae- 
neste, Naples, and others (Polyb. vi. 14 ; Liv. 
xliii. 2 ; Cic. pro Balb. 8) ; but these places were, 
nevertheless, in reality as dependent as the other 
Socii. It was only a few people, such as the 
Camertes and Heracleans, that maintained the 
rights of their equal alliance with Rome down to 
a very late time. (Liv. xxviii. 45 ; Plut. Mar. 
28 ; Cic. pro Balb. 20, pro Arch. 4.) With these 
few exceptions, most of the Italians were either 
Socii (in the later sense) or Latini. During the 
latter period of the republic they had the connu- 
bium with Rome (Diodor. Excerpt. Mai, xxxvii. 6), 
but not the suffrage of the Latins. It sometimes 
happened, as in the case of the Macedonian Onesi- 



mus, that a foreign individual was honoured by the 
senate by being registered among the Italian Socii 
(in sociorum formulam referre), and in this case 
the senate provided him with a house and lands in 
some part of Italy. (Liv. xliv. 16.) 

Although the allies had their own laws, the 
senate, in cases where it appeared conducive to the 
general welfare, might command them to submit to 
any ordinance it might issue, as in the case of the 
Senatusconsultum de Bacchanalibus. (Liv. xxxix. 
1 4.) Many regulations also, which were part of 
the Roman law, especially such as related to usury, 
sureties, wills, and innumerable other things (Liv. 
xxxv. 7 ; Gaius, iii. 121, &c. ; Cic. pro Balb. 8), 
were introduced among the Socii, and nominally 
received by them voluntarily, (Cic. I. c. ; Gel], xvi. 
13, xix. 8.) The Romans thus gradually united 
the Italians with themselves, by introducing their 
own laws among them ; but as they did not grant 
to them the same civic rights the Socii ultimately 
demanded them arms in their hands. 

Among the duties which the Italian Socii had to 
perform towards Rome the following are the prin- 
cipal ones : they had to send subsidies in troops, 
money, corn, ships, and other things, whenever 
Rome demanded them. (Liv. xxvi. 39, xxviii. 45, 

xxxv. 16, &c.) The number of troops requisite 
for completing or increasing the Roman armies was 
decreed every year by the senate (Liv. passim), 
and the consuls fixed the amount which each allied 
nation had to send, in proportion to its population 
capable of bearing arms, of which each nation was 
obliged to draw up accurate lists, called formulae. 
(Liv. xxxiv. 56 ; Polyb. ii. 23, &c. ; Liv. xxii. 57, 
xxvii. 10.) The consul also appointed the place 
and time at which the troops of the Socii, each part 
under its own leader, had to meet him and his 
legions. (Polyb. vi. 21, 26 ; Liv. xxxiv. 56, 

xxxvi. 3, xli. 5.) The infantry of the allies in a 
consular army was usually more numerous than 
that of the Romans ; the cavalry was generally 
three times the number of the Romans (Polyb. iii. 
108, vi. 26, 30) : but these numerical proportions 
were not always observed. (Polyb. ii. 24, iii. 72.) 
The consuls appointed twelve praefects as com- 
manders of the Socii, and their power answered to 
that of the twelve military tribunes in the consular 
legions. (Polyb. vi. 26, 37-) These praefects, who 
were probably taken from the allies themselves, and 
not from the Romans, selected a third of the cavalry, 
and a fifth of the infantry of the Socii, who formed 
a select detachment for extraordinary cases, and 
who were called the extraordinarii. The re- 
maining body of the Socii was then divided into 
two parts, called the right and the left wing. 
(Polyb. I.e.; Liv. xxxi. 21, xxxv. 5.) The in- 
fantry of the wings was, as usual, divided into 
cohorts, and the cavalry into turmae. In some 
cases also legions were formed of the Socii. (Liv. 

xxxvii. 39.) Pay and clothing were given to the 
allied troops by the states or towns to which they 
belonged, and which appointed quaestors or pay- 
masters for this purpose (Polyb. vi. 21 ; Cic. c. Verr. 
v. 24) ; but Rome furnished them with provisions 
at the expense of the republic : the infantry re- 
ceived the same as the Roman infantry, but the 
cavalry only received two-thirds of what was given 
to the Roman cavalry. (Polyb. vi. 39 ; Cic. pro 
Balb. 20.) In the distribution of the spoil and of 
conquered lands they frequently received the same 
share as the Romans. (Liv. xl. 43, xli. 7, 13, 



f 



SOCII. 

xlv. 43, xlii. 4.) The Socii were also sometimes 
sent out as colonists with the Romans. (Appian, 
de Bell. Civ. i. 24.) They were never allowed to 
take up arms of their own accord, and disputes 
among them were settled by the senate. Notwith- 
standing all this, the socii fell gradually under the 
arbitrary rule of the senate and the magistrates of 
Rome ; and after the year B. c 173, it even be- 
came customary for magistrates, when they travelled 
through Italy, to require the authorities of allied 
towns to pay homage to them, to provide them 
with a residence, and to furnish them with beasts 
of burden when they continued their journey. 
(Liv. xlii. 1.) Gellius (x. 3) mentions a number 
of other vexations, which the Roman magistrates 
inflicted upon the Socii, who could not venture to 
seek any redress against them. The only way 
for the allies to obtain protection against such 
arbitrary proceedings, was to enter into a kind of 
clientela with some influential and powerful Ro- 
man, as the Samnitcs were in the clientela of 
Fabricius Luscinus (Val. Max. iv. 3. § 6), and 
the senate, which was at all times regarded as the 
chief protector of the Socii, not only recognised 
such a relation of clientela between Socii and a 
Roman citizen, but even referred to such patrons 
cases for decision which otherwise it might have 
decided itself. (Dionys. ii. 11 ; Liv. ix. 20 ; Cic. 
pro Sull. 21.) Socii who revolted against Rome were 
frequently punished with the loss of their freedom, 
or of the honour of serving in the Roman armies. 
(Gell. c. ; Appian, de Bell. Ilannib. Gl ; Strab. v. 
p. 385, vi. p. 389 ; Fest. s. v. Bnitiuni.) Such 
punishments however varied according to circum- 
stances. After repeated and fruitless attempts to 
obtain the full Roman franchise by legal means, 
the Italian allies broke out in open war against 
Rome, the result of which was that she was com- 
pelled to grant what she had before obstinately re- 
fused. 

After the civitas had been obtained by all the 
Italians by the Lex Julia dc Civitatc, the relation 
of the Italian Socii to Rome ceased. Hut Rome 
had long before this event applied the name Socii 
to foreign nations also which were allied with 
Rome, though the meaning of the word in this 
case differed from that of the Socii Italici. Livy 
(xxxiv. 57 ; comp. xxxv. 4G) distinguishes two 
principal kinds of alliances with foreign nations : 
1. fortius aequum, such as might be concluded 
cither after a war in which neither party had 
gained a decisive victory, or with a nation with 
which Rome had never been at war ; 2. a foedus 
iniipium, when a foreign nation conquered by the 
Romans was obliged to enter the alliance on any 
terms proposed by the conquerors. In the latter 
case the foreign nation was subject to Rome, and 
obliged to comply with anything that Rome might 
demand. Rut all foreign Socii, whether they 
had an equal or unequal alliance, were obliged 
to send subsidies in troops when Komc demanded 
thcin ; these troops, however, did not, like those 
of the Italian Socii, serve in the line, but were 
employed as light-armed soldiers, and were called 
militrn auxiliaren, auriliarii, aurilia, or sometimes 
auxilia externa. (Polyb. ii. 32 ; Liv. xxi. 46, &c, 
xxii. 22, xxvii. 37, xxxv. II, xlii. 29, 35.) To- 
wards the end of the republic all the Unman allies, 
whether they were nations or kings, sank down to 
the condition of mere subjects or vassals of Rome, 
whose freedom mid independence consisted in 



SORTES. 1051 
nothing but a name. (Walter, Gesch. d. Rom. 
Redds, p. 192, etc. ; compare Foederatae Civi- 

TAXES. ") £ Xj S J 

SO CIO, PRO, ACTIO. [Societas.] 

SO'CIUS. [Societas.] 

SODA'LES. [Collegium.] 

SODA'LES AUGUSTA LKS.[Aigistales.] 

SODA'LES TI'TII. [Titii.] 

SODALITIUM. [Ambitus.] 

SOLA'RIUM. [Horologium, p. 616, b ; 
Domus, p. 429, b.] 

SO'LEA was the simplest kind of sandal [San- 
dalilm], consisting of a sole with little more to 
fasten it to the foot than a strap across the instep. 
(Gellius, iii. 14, xiii. 21.) It was sometimes 
made of wood (Isid. Orig.xxx. 33), and worn by 
rustics (KaKoniSiKa, Theocrit XXV. 102, 103), re- 
sembling probably the wooden sandals which now 
form part of the dress of the Capuchins. The 
solea, as worn by the upper classes, was adapted 
chiefly for wearing in the house, so that when a 
man went out to dinner, he walked in shoes 
[CaXCBDS], taking with him slippers [Soccrs] or 
soleae, which he put on when he entered the 
house. Before reclining at table, these were taken 
away by a servant (see woodcut, p. 308 ; Plant. 
True. ii. 4. 16 ; Ovid. Ar. Am. ii. 212 ; Mart. viii. 
59. 14) ; consequently when dinner was over it 
was necessary to call for them. (Plaut. True. ii. 
4. 12, Most. ii. 1. 37 ; Hor. Sat. ii. 8. 77.) But, 
according to the state of the roads or of the wea- 
ther, the shoes or boots were again put on in order 
to return home, the soleae being carried, as before, 
under the arm. (Hor. Kpist. i. 13. 15.) When 
circumstances were favourable, this change of the 
shoes for slippers or soleae was not considered 
necessary, the latter being worn in the streets. 
(.Mart. x'ii. 88.) 

Soleae ligneae, soles or shoes of wood, were put 
on, under the authority of the Roman law, either 
for the purpose of torture, or perhaps merely to in- 
dicate the condition of a criminal, or to prevent 
his escape. (Cic. Invent, ii. 50, ad Ilerenn. i. 13.) 
In domestic life the sandal commonly wom by 
females was often used to chastise a husband and 
to bring him into subjection. (Menander, p. 68. 
186, ed. Meincke : solea ijijurtjaliere rubra, Pers. v. 
169; sandalio, Ter. Eunuch, v. 8. 4; Juv. vi. 516.) 

Iron shoes (soleae ferreae) were put on the feet of 
mules (Catull. xvii. 26) ; but instead of this, Nero 
had his mules shod with silver (Sueton. A'cro, 30), 
and his empress Poppaea hcr's with gold. (Plin. 
II. N. xxxiii. 11. s. 49.) [J. Y.] 

SO 1,1 1)1 S. I A i ki m, p. 182,1..] 

SOLITAUIU'LIA. [Sacrikicii m, p. 1000,a ; 
Li vriiATio, p. 719, b ; and woodcut on p. 1045.] 

SU'LIUM. [Bai.neak, p. 191 ; Thronus.] 

SOPHRONISTAE. [G vmna.hiuv, p. 581,1,.] 

SORTES, lots. It was a frequent practice 
among the Italian nations to endeavour to ascertain 
a knowledge of future events by drawing loU 
(tortet): in many of the ancient Italian temples 
the will of the gods was consulted in this way, as 
at Pracneste, Caere, Ace. [OracuM'M, p. 813, a.] 
Respecting the meaning of Sors see Cic. de iJiv. 
ii. 41. 

These sortes or lots were usually little tablets or 
counters, made of wood or other materials, and 
were commonly thrown into a sitella or urn, filled 
with water, as is explained under Sitdi.a. The 
\ot» were sometimes thrown like dice. (Suet. Td>. 



1052 SPECULUM. 



SPECULUM. 



14.) The name of Sortes was in fact given to any- 
thing used to determine chances (compare Cic. de 
Div. i. 34), and was also applied to any verbal re- 
sponse of an oracle. (Cic.de Div. ii. 56; Virg. Aen. 
iv. 346, 377.) Various things were written upon 
the lots according to circumstances, as for instance 
the names of the persons using them, &c. : it seems 
to have been a favourite practice in later times to 
write the verses of illustrious poets upon little tab- 
lets, and to draw them out of the urn like other lots, 
the verses which a person thus obtained being sup- 
posed to be applicable to him : hence we read of 
Sortes Virgilianae, &c. (Lamprid. Alex. Sever. 14 ; 
Spartian. Hadr. 2.) It was also the practice to 
consult the poets in the same way as the Moham- 
medans do the Koran and Hafiz, and many Chris- 
tians the Bible, namely, by opening the book at 
random and applying the first passage that struck 
the eye to a person's own immediate circumstances. 
(August. Confess, iv. 3.) This practice was very 
common among the early Christians, who substi- 
tuted the Bible and the Psalter for Homer and 
Virgil : many councils repeatedly condemned these 
Sortes Sanctorum, as they were called. (Gibbon, 
Decline ana ' Fall, c. xxxviii. note 51.) The Sibylline 
books were probably also consulted in this way. 
[Sibyllini Libri.] Those who foretold future 
events by lots were called Sortilegi. (Lucan, ix. 
581.) 

The Sortes Conviviales were tablets sealed up, 
which were sold at entertainments, and upon being 
opened or unsealed entitled the purchaser to things 
of very unequal value ; they were therefore a kind 
of lottery. (Suet. Octav. 75 ; Lamprid. Heliogab. 
22.) 

SPADO'NES. [Impubes, p. 631, b.] 
SPARUS. [Hasta, p. 588, b.] 
SPE'CIES NOVA. [Conpusio.] 
SPEC'TIO. [Augur, pp. 177, b, 178, a.] 
SPECULA'RIA. [Domus,p. 432, b.] 
SPECULA'RIS LAPIS. [Domus, p. 432, a.] 
SPECULATO'RES. [Exercitus, p. 508, b ; 
comp. Hemerodromi.] 

SPE'CULUM (Kd.TOTTTpOV,eO-OTTTpOV, iVOTTTpov), 

a mirror, a looking-glass. The use of mirrors is of 
very high antiquity (Job, xxxvii. 18 ; Exodus, 
xxxviii. 8), but they are not mentioned by Homer, 
even when he describes in so circumstantial a 
manner the toilet of Hera. In the historical times 
of Greece they are frequently spoken of (Xen. Cyr. 
vii. 1. § 2 ; Eurip. Medea, 1161, Orest. 1112, &c), 
and they were probably known in Greece long be- 
fore, since every substance capable of receiving a 
fine polish would answer the purpose of a mirror. 
Thus basins were employed instead of mirrors 
(Artemiod. Oneir. iii. 30. p. 279, ed. Reiff), and 
also cups, the inside of which was sometimes so 
disposed, that the image of the person who drank 
from them was seen multiplied. (Plin. N. xxxiii. 
9. s. 45 ; compare Vopisc. Prob. 4.) 

The looking-glasses of the ancients were usually 
made of metal, at first of a composition of tin and 
copper, but afterwards more frequently of silver. 
(Plin. I. c.) Pliny says that silver mirrors were 
first made by Praxiteles in the time of Pompey 
the Great, but they are mentioned as early as that 
of Plautus. (Most. i. 3.111.) Under the empire 
the use of silver mirrors was so common, that they 
began to be used even by maid servants (Plin. 
H.N. xxxiv. 17. s. 48) : they are constantly men- 
tioned in the Digest, when silver plate is spoken of 



(33. tit. 6. s. 3 ; 34. tit. 2. s. 19. § 8). At first 
they were made of the purest silver, but metal of 
an inferior quality was afterwards employed. (Plin. 
H. N. xxxiii. 9. § 45.) Frequently too the 
polished silver plate was no doubt very slight, but 
the excellence of the mirror very much depended 
on the thickness of the plate, since the reflection 
was stronger in proportion as the plate was thicker. 
(Vitruv. vii. 3. p. 204, ed. Bip.) We find gold 
mirrors mentioned once or twice by ancient writers 
(Eurip. Hecub. 925 ; Senec. Quaest. Nat. i. 17 ; 
Aelian, V. H. xii. 58) ; but it is not impossible, 
as Beckmann has remarked, that the term golden 
rather refers to the frame or ornaments than to the 
mirror itself, as we speak of a gold watch, though 
the cases only may be of that metal. 

Besides metals, the ancients also formed stones 
into mirrors, but these are mentioned so seldom 
that we may conclude they were intended for orna- 
ment rather than for use. Pliny (H. N. xxxvi. 26. 
s. 67) mentions the obsidian stone, or, as it is now 
called, the Icelandic agate, as particularly suitable 
for this purpose. Domitian is said to have had a 
gallery lined with phengites, which by its reflection 
showed every thing that was done behind his back 
(Suet. Dom. 14), by which Beckmann understands 
a calcareous or gypseous spar, or selenite, which is 
indeed capable of reflecting an image ; but we can- 
not therefore conclude that the ancients formed 
mirrors of it. Mirrors were also made of rubies 
according to Pliny (H. N. xxxvii. 7- s. 25), who 
refers to Theophrastus for his authority, but he 
seems to have misunderstood the passage of Theo- 
phrastus (de Lapid. 61), and this stone is never 
found now sufficiently large to enable it to be made 
into a mirror. The emerald, it appears, also served 
Nero for a mirror. (Plin. H. N. xxxvii. 5. s. 16 ; 
Isidor. xvi. 7.) 

The ancients seem to have had glass mirrors 
also like ours, which consist of a glass plate covered 
at the back with a thin leaf of metal. They were 
manufactured as early as the time of Pliny at the 
celebrated glass-houses of Sidon (Plin. H.N. xxxvi. 
26. s. 66), but they must have been inferior to 
those of metal, since they never came into general 
use and are never mentioned by ancient writers 
among costly pieces of furniture, whereas metal mir- 
rors frequently are. Pliny seems to allude to them in 
another passage (H.N. xxxiii. 9. s. 45), where he 
speaks of gold being applied behind a mirror, which 
we can understand, if we admit that Pliny was 
acquainted with glass mirrors. 

Of mirrors made of a mixture of copper and tin, 
the best were manufactured at Brundisium. (Plin. 
H. N. xxxiii. 9. s. 45, xxxiv. 17. s. 48.) This mix- 
ture produces a white metal, which, unless pre- 
served with great care, soon becomes so dim that 
it cannot be used until it has been previously 
cleaned and polished. For this reason a sponge 
with pounded pumice-stone was generally fastened 
to the ancient mirrors. (Plat. Timaeus, p. 72, c. ; 
Vossius, ad Catull. p. 97.) 

Looking-glasses were generally small and such 
as could be carried in the hand. Most of those 
which are preserved in our Museums are of this 
kind ; they usually have a handle, and are of a 
round or oval shape. Their general form is shown 
in the woodcut annexed. (Caylus, Recueil d , An- 
tiquites, vol. v. pi. 62.) 

Instead of their being fixed so as to be hung against 
the wall or to stand upon the table or floor, they 



SPIRA. 



SPOLIA. 



1053 



were generally held by female slaves before their 
mistresses when dressing (Propert. iv. 7. 7.5, 76), 
which office was also performed sometimes by the 
lover, when admitted to the toilet of his mistress. 
(Ovid. Ar. Am. ii. 216.) On ancient vases we 
sometimes find female slaves represented holding 
up mirrors to their mistresses. (Tischbein, Enyrav. 
from ancient Vases, vol. i. pi. 10.) 




Looking-glasses, however, were also made of the 
length of a person's body (specula talis paria cor- 
poribus, Senec. Quaest. Xat. i. 17 ) : of which kind 
the mirror of Demosthenes must have been. 
(Quintil. Inst. Or. xi. 3. § 68.) They were 
fastened to the walls sometimes (speculum parieti 
affixum. Dig. 34. tit. 2. a. 19. § 8 ; Vitruv. ix. 
6. (9.) p. 280. Bip.), though not generally. Sue- 
tonius in his life of Horace speaks of an apartment 
belonging to that poet, which was lined with 
mirrors (speculalum culiiculum), which expression, 
however, Lessing considers as contrary to the Latin 
idiom, and therefore regards the whole passage as 
a forgery. That there were, however, rooms orna- 
mented in this way, is probable from Claudian's 
description of the chamber of Venus, which was 
covered over with mirrors, so that whichever way 
her eyes turned she could see her own image. 
(Hymn, in Nupt Honor, et Mar. 106, &c.) We 
frequently find the mirror mentioned in connection 
with Venus (Athen. xv. p. 687, c), but Minerva 
was supposed to make no use of it. (Callim. Hymn, 
in Laracr. Pallatl. 1 7.) 

(Spanheim, Oliserv. in CnUimaehi Hymnum in 
lavacrum I'alla/lis, p. 547, Ultraj. 16.97 ; Menard, 
Recherche* tur let Miroirs des Anciens in I'llistoire 
de {'Academic des Inner, vol. xxiii. p. 140 ; Caylus, 
Itecueil d'Antiquites, iii. p. 331, v. p. 173 ; Beck- 
mann. History of Inventions, \o\. iii. p. 164, transl. ; 
Bdttigcr, Sabina, vol. i. pp. 133, 152, vol. ii. pp. 
1 45, 1 69, Oriechisclien Vasenyem'dldden, vol. iii. p. 
46 ; Becker, Oalhu, vol. i. p. 97, vol. ii. p. 111.) 

SPECUS. [Aquakductus, p. 113.] 

SPHAERISTEHIUM. [Gymnasium, p. 

582, ft ; PlLA.] 

SPI'CULUM. f Hasta, p. 589, a.] 
SPINTER or SPINTHER. [Armilla.] 

SPIRA (inrupa), .Inn. SPIRULA (Serving in 
fin;. Am. ii. 217), the base of a column. 

This member did not exist in the Doric order of 
Greek architecture [Coli mnaJ, but was always 
present in the Ionic and Corinthian, and, besides 
the bases properly belonging to those orders, there 



was one called the Attic, which may be regarded 
as a variety of the Ionic [Attictrges]. The 
term occurs frequently in Vitruvius (iii. 3. § 2 ; 
4. § 1, 5 ; 5. § 1—4, iv. 1. § 7, v. 9. § 4, ed. 
Schneider) and in Pliny (//. X. xxxvi. 5. s. 4 ; 
23. s. 56). They adopted it from the writings of 
Greek architects, whose works have perished. It 
is in fact the Greek term o-ntipa, which was ap- 
plied to this member of a column (Pollux, vii. 121) 
probably on account of its resemblance to a coil of 
rope. In ancient Greek inscriptions oireipa de- 
notes the base of Ionic and Corinthian pillars, 
being applied to those of the temples of Minerva 
Polias at Athens (C. O. Muller, Min. Pol. Sacra, 
pp. 35, 50 ; Biickh, Corp. Inscr. Or. i. pp. 261 — 
286), and of Jupiter at Labranda. (C. Fellows, 
Ere. in Asia Minor, pp. 262, 331.) 

In the Tuscan and the Roman Doric the base 
consisted of a single torus (Festus, s. v. Spira), 
sometimes surmounted by an astragal. In the 
Ionic and Attic it commonly consisted of two tori 
(torus superior and torus inferior) divided bv a 
scotia (Tprfx'Aos), and in the Corinthian of two 
tori divided by two scotiae. The upper torus was 
often fluted (SaSSaros), and surmounted by an 
astragal [Astragalus], as in the left-hand figure 
of the annexed woodcut, which shows the form of 
the base in the Ionic temple of Panops on the 
Ilissus. The right-hand figure in the same wood- 
cut shows the corresponding part in the temple of 
Minerva Polias at Athens. In this the upper 
torus is wrought with a plaited ornament, perhaps 
designed to represent a rope or cable. In these 
two temples the spira rests not upon a plinth 



man 














J 















I 







(ptint/ius, irAi'vSos), but on a podium. In Ionic 
buildings of a later date it rests on a square plinth 
corresponding in its dimensions with the Abacus. 
For other examples, see Mauch, Architektonisclte 
Ordnunyen. [J.Y.] 

SPI'TIIAME (airiOafi-o), " 7«i«, a Greek mea- 
sure equal to 3-4ths of the foot. There was no 
proper Roman measure corresponding to it, but 
the later writers used palmus in this sense ; the 
early writers express the Greek span properly by 
dodrant. [Messura, p. 751, b ; Palmus.] [P.S.] 

SPO'LIA. Four words are commonly employed 
to denote booty taken in war, 1'raeda, Mtmuliiae, 

I-:, hi;.,.-, .S/,.,/,.1. < II tl •. /.rn'itu bears the most 

comprehensive meaning, being used for plunder of 
every description. [Phakda.] Man ulnae VU the 
money which the quaestor realised from the sale of 
those objects which constituted praeda ( < •■■II. xiii. 
24 ; Cic. de Ley. Ayr. ii. 22.) The term Exuviae 
indicates any thing stripped from the person of a 
foe, while Spolia, properly speaking, ought to be 
confined to armour and weapons, although both 
words arc applied loosely to trophies such as cha- 



1054 



SPOLIA. 



SPORTULA. 



riots, standards, beaks of ships and the like, which 
might be preserved and displayed. (See Doeder- 
lein, Lat. Syn. vol. iv. p. 337 ; Ramshorn, Lat. Syn. 
p. 869 ; Habicht, Syn. Handivorterbuch, n. 758.) 

In the heroic ages no victory was considered 
complete unless the conquerors could succeed in 
stripping the bodies of the slain, the spoils thus 
obtained being viewed (like scalps among the 
North American Indians) as the only unquestion- 
able evidence of successful valour ; and we find in 
Homer that when two champions came forward to 
contend in single combat, the manner in which the 
body and arms of the vanquished were to be dis- 
posed of formed the subject of a regular compact 
between the parties. (Horn. II. vii. 75, &c, xxii. 
254, &c.) Among the Romans, spoils taken in 
battle were considered the most honourable of all 
distinctions ; to have twice stripped an enemy, in 
ancient times, entitled the soldier to promotion 
(Val. Max. ii. 7. § 14), and during the second 
Punic war, Fabius when filling up the numerous 
vacancies in the senate caused by the slaughter at 
Cannae and by other disastrous defeats, after hav- 
ing selected such as had borne some of the great 
offices of state, named those next " qui spolia ex 
hoste fixa domi haberent, aut civicam coronam 
aecepissent." (Liv. xxiii. 23.) Spoils collected on 
the battle frejd after an engagement, or found in a 
captured town were employed to decorate the tem- 
ples of the gods, triumphal arches, porticoes, and 
other places of public resort, and sometimes in the 
hour of extreme need served to arm the people 
(Liv. xxii. 57, xxiv. 21, x. 47 ; Val. Max. viii. 
6. § 1 ; Sil. Ital. x. 599), but those which were 
gained by individual prowess were considered the 
undoubted property of the successful combatant, 
and were exhibited in the most conspicuous part 
of his dwelling (Polyb. vi. 39), being hung up in 
the atrium, suspended from the door-posts, or ar- 
ranged in the vestibuium, with appropriate inscrip- 
tions. (Liv. x. 7, xxxviii. 43 ; Cic. PMlipp. ii. 28 ; 
Suet. Nero, 38 ; Virg. Aen. ii. 504, iii. 286, 
Tibull. i. 1. 54 ; Propert. iii. 9. 26 ; Ovid. Ar. Am. 
ii. 743; Sil. Ital. vi. 446.) They were regarded as 
peculiarly sacred, so that even if the house was 
sold the new possessor was not permitted to re- 
move them. (Plin. H. N. xxxv. 2.) A remarkable 
instance of this occurred in the " rostrata domus 11 
of Pompey, which was decorated with the beaks 
of ships captured in his war against the pirates ; 
this house passed into the hands of Antonius the 
triumvir (Cic. Philipp. I. c), and was eventually 
inherited by the emperor Gordian, in whose time 
it appears to have still retained its ancient orna- 
ments. (Capitolin. Gordian. 3.) But while on the 
one hand it was unlawful to remove spoils, so it 
was forbidden to replace or repair them when they 
had fallen down or become decayed through age 
(Plutarch, Quaest. Rom. 37), the object of this 
regulation being doubtless to guard against the 
frauds of false pretenders. 

Of all spoils the most important were the Spolia 
Opima, a term applied to those only which the 
commander-in-chief of a Roman army stripped in a 
field of battle from the leader of the foe. (Liv. iv. 
20.) Festus (s. v. Opima) gives the same defini- 
tion as Livy, but adds " M. Varro ait opima spolia 
esse [etiam] si manipularis miles detraxerit dum- 
modo duci hostium," a statement, if correctly 
quoted, directly at variance with the opinion 
generally received and acted upon. Thus when 



M. Crassus, in the fifth consulship of Octavianus 
(b. c. 29), slew Deldo, king of the Bastarnae, he 
was not considered to have gained spolia opima 
because acting under the auspices of another (Dion 
Cass. Ii. 24 ; compare Val. Max. iii. 2. § 6), and 
Plutarch (Marcell. 8) expressly asserts that Roman 
history up to his own time afforded but three ex- 
amples. The first were said to have been won by 
Romulus from Aero, king of the Caeninenses, the 
second by Aulus Cornelius Cossus from Lar Tolum- 
nius king of the Veientes, the third by M. Claudius 
Marcellus from Viridomarus (or Bpir6/j.apTOs as he 
is called by Plutarch), king of the Gaesatae. In 
all these cases, in accordance with the original 
institution, the spoils were dedicated to Jupiter 
Feretrius. The honours of spolia opima were voted 
to Julius Caesar during his fifth consulship (b. c. 
44, the year of his death), but it was not even 
pretended that he had any legitimate claim to this 
distinction. (Dion Cass. xliv. 4.) (The question 
with regard to the true definition of spolia opima 
is discussed with great learning by Perizonius, 
Animad. Hist. c. 7.) [W. R.] 

SPONDA. [Lectus, p. 674, b.] 
SPO'NDEO. [Obligationes, p. 817, b.] 
SPO'NGIA. [Pictura, p. 905, a.] 
SPONSA, SPONSUS. [Matrimonium, 
p. 741, b.] 

SPONSA'LIA. [Matrimonium, p. 741, b.] ' 
SPONSOR. [Intbrcessio. p. 640, b.] 
SPO'RTULA. In the days of Roman freedom 
clients were in the habit of testifying respect for 
their patron by thronging his atrium at an early 
hour, and escorting him to places of public resort 
when he went abroad. As an acknowledgment of 
these courtesies some of the number were usually 
invited to partake of the evening meal. After the 
extinction of liberty the presence of such guests, 
who had now lost all political importance, was 
soon regarded as an irksome restraint, while at the 
same time many of the noble and wealthy were 
unwilling to sacrifice the pompous display of a nu- 
merous body of retainers. Hence the practice was 
introduced under the empire of bestowing on each 
client, when he presented himself for his morning 
visit, a certain portion of food as a substitute and 
compensation for the occasional invitation to a 
regular supper (coena recta), and this dole, being 
carried off in a little basket provided for the pur- 
pose, received the name of sportula. Hence also it 
is termed by. Greek writers on Roman affairs 
Se7wvov airb awpiSos, which however must not be 
confounded with the o~tiirvov curb awvpiSos of 
earlier authors, which was a sort of pic-nic. [Coena, 
p. 304, b.] For the sake of convenience it soon 
became common to give an equivalent in money, 
the sum established by general usage being a hun- 
dred quadrantes. (Juv. i. 120 ; Martial, x. 70, 75.) 
Martial indeed often speaks of this as a shabby 
pittance {centum miselli quadrantes, iii. 7, compare 
i. 60, iii. 14, x. 74), which, however, he did not 
scorn himself to accept (x. 75), but at the same 
time does not fail to sneer at an upstart who en- 
deavoured to distinguish himself by a largess to a 
greater amount on his birthday (x. 28). The do- 
nation in money, however, did not entirely super- 
sede the sportula given in kind, for we find in 
Juvenal a lively description of a great man's vesti- 
bule crowded with dependents, each attended by a 
slave bearing a portable kitchen to receive the 
viands and keep them hot while they were carried 



STADIUM. 

home (iii. 249). If the sketches of the satirist 
are not too highly coloured, we must conclude that 
in his time great numbers of the lower orders de- 
rived their whole sustenance and the funds for or- 
dinary expenditure exclusively from this source, 
while even the highborn did not scruple to increase 
their incomes by taking advantage of the ostenta- 
tious profusion of the rich and vain. (Juv. i. 95.) 
A regular roll was kept at each mansion of the 
persons, male and female, entitled to receive 
the allowance ; the names were called over in 
order, the individuals were required to appear in 
person, and the almoner was ever on his guard to 
frustrate the roguery of false pretenders (Juv. /. c), 
whence the proverb quoted by Tertullian (c. Mar- 
cion. iii. 16), sjiorttdam fumnculus capiat. The 
morning, as we have seen above (Juv. i. 1*28), was 
the usual period for these distributions, but they 
were sometimes made in the afternoon. (Martial. 
1.70.) 

Nero, imitating the custom of private persons, 
ordained that a sportula should be substituted for 
the public banquets ( puilicae coenae) given to the 
people on certain high solemnities ; but this unpo- 
pular regulation was repealed by Doraitian. (Suet. 
AVr. 16, Dora. 7 ; Martial, viii. 50.) 

When the Emperor Claudius on one occasion 
resolved unexpectedly to entertain the populace 
with some games which were to last for a short 
time only, he styled the exhibition a sjtortula, and 
in the age of the younger Pliny the word was 
commonly employed to signify a gratuity, gift, or 
emolument of any description. (Plin. Ep. ii. 14, 
x. 118.) 

(Compare a dissertation on the Sportula by 
Buttmann in the Kritische BiUinthek for 1821 ; see 
also Becker, Callus, vol. i. p. 147.) [ W. R.] 

STABULA'RIUS. [Kecei-ta Actio.] 

STADIUM (o o-toSios and to cttooioi/) I. The 
foot-race course at Olympia and the other places in 
Greece where games were celebrated. It was 
originally intended for the foot-race, but the other 
contests which were added to the games from time 
to time [Olvmpia] were also exhibited in the Sta- 
dium, except the horse races, for which a place 
was 9ct apart, of a similar form with the stadium, 
but larger: this was called the HlFfODBOHUS 
(ijnriiSpo/iOs). 

The stadium was an oblong area terminated at 
one end by a straight line, at the other by a semi- 
circle having the breadth of the stadium for its 
base. Hound this area were ranges of seats rising 
above one another in steps. 

It was constructed in three different ways, ac- 
cording to the nature of the ground. The simplest 
form was that in which a place could be found 
which had by nature the required shape, as at 
Laodicca. Most commonly, however, a position 
was chosen on the side of a hill, and the stadium 
was formed on one side by the natural slope, on 
the other by a mound of earth (-yijj x«M a ), as at 
Olympia, Thebes, and Kpidaurus. (Pausan. ii. 27. 
§ 6, vi. '20. jj 5,6, ix. 2.'}. § 1.) Sometimes, how- 
ever, the stadium was on level ground, and mounds 
of earth were cast up round it to form seats, and 
covered with stone or marble. We have two cele- 
brated examples of this construction in the Pythian 
Stadium nt Delphi and the Panathcnaic at Athens. 
The former was originally constructed of Parnas- 
sian stone, and afterwards covered with Pentelic 
marble by 11 erodes Atticus (Paus. x. 32. tj 1), who 



STADIUM. 



1055 



adorned in the same manner the stadium at Athens, 
which had been originally constructed on the banks 
of the llissus by the orator Lycurgus. The mar- 
ble covering, which took four years to complete, 
has now disappeared, but the area is still left, with 
some ruins of the masonry. (Paus. i. 19. § 7 ; 
Leake's Topography of Athens.) 

The stadium sometimes formed a part of the 
buildings of the gymnasium [Gymnasium], at 
other times it was placed in its neighbourhood, and 
often, as at Athens, stood entirely by itself. That 
at Olympia was in the sacred grove called Altis. 

The size of the Grecian stadia varied both in 
' length and breadth ; but this variety is in all pro- 
bability to be understood of the size of the whole 
enclosure, not of the length of the part marked out 
for the race ; the latter appears to have been 
fixed, while the former was naturally different, 
according to the accommodation to be provided for 
spectators, or the magnificence which the builder 
might wish to confer upon the structure. The 
fixed length of the course, between the pillars 
which marked the beginning and the end of the 
race, was 600 Greek feet- There was a tradi- 
tion that Hercules measured it out originally by 
his own foot. It is not improbable that Pheidon, 
who claimed to be a descendant of Hercules, and 
who presided as agonothete at the Olympic games, 
may have fixed the length of the stadium accord- 
ing to the standard of measure which he esta- 
blished. 

The accounts left by ancient writers of the ar- 
rangement of the parts of the stadium are scanty, 
| but from a comparison of them with existing re- 
l mains of stadia we may collect the following par- 
ticulars. 

At one end a straight wall shut in the area, and 
I here were the entrances, the starting-place for the 
i runners, and (at Olympia) an altar of Kndymion. 

At the other end, at or near the centre of the 
' semicircle, and at the fixed distance from the 
starting-place, was the goal, which was the termi- 
nation of the simple foot-race, the runners in which 
| were called araSioop6p.oi : the race itself is called 
(TtoSioi' and Spdfiot : in the SiavKos Sp/ipos the 
racers turned round this and came back to the 
starting-place. The starting-place and goal had 
various names : the former was called Sipeim, 
■ypafifi-t], vairK-n^, and (HaASls : the latter ripp-a, 
fjarhp, tc'Aoj, Kafimrip and viiooa. The term 
ypafxuTi is explained as the line along which the 
racers were placed before starting ; 2<t-tA7-{, which 
means the lash of a whip, is supposed to have been 
a cord which was stretched in front of the racers 
to restrain their impatience, and which was let' fall 
when the signal was given to start ; the name 
Kafiwr-ftp was applied to the goal because the run- 
ners in the 5/aoAoi and S6\ixos turned round it to 
complete their course. These terms are often ap- 
plied indifferently to the starting-place and the 
gnal ; probably because the starting- place was also 
the end of all races, except the simple ardSioy. 
The starting-place and goal were each marked by 
a square pillar (arr)\ai, Kwvtt xuGottStis), and 
half way between these was a third. On the first 
was inscribed the word bpiortvt, on the second 
(Tirfi/o*, oo the third xantyov. The . m x-V""" 
turned round both the extreme pillars till they had 
completed the number of stadia of which their 
course consisted, which nppeani to have been dif- 
ferent on different occasions, for the length of the 



1056 



STADIUM. 



STATER. 



S6\txos SpS/xos is variously stated at 6, 7, 8, 12, 
20, and 24 stadia. (Schol. ad Soph. Electr. 691.) 

The semicircular end of the area, which was 
called a<pzv5ovT], and was not used in the races, 
was probably devoted to the other athletic sports. 
This <r<pev5ovr) is still clearly seen in the Ephesian 
and Messenian stadia, in the latter of which it is 
surrounded by 16 rows of seats. The area of the 
stadium was surrounded by the seats for spectators, 
which were separated from it by a low wall or po- 
dium. 

Opposite to the goal, on one side of the stadium, 
were the seats of the Hellanodicae, for whom there 
was a secret entrance into the stadium (KpvvT^ 
etroSos), and on the other side was an altar of 
white marble, on which the priestesses of Demeter 
Chamyne sat to view the games. The area was 
generally adorned with altars and statues. 

Such was the general form and arrangement of 
the Greek stadium. After the Roman conquest of 
Greece the form of the stadium was often modified 
so as to resemble the amphitheatre by making both 
its ends semicircular, and by surrounding it with 
seats supported by vaulted masonry, as in the 
Roman amphitheatre. The Ephesian stadium still 
has such seats round a portion of it. A restoration 
of this stadium is given in the following woodcut, 
copied from Krause. 



A 




A is the boundary wall at the Aphesis, 77 feet 
deep, B C the sides, and D the semicircular end, 
of the same depth as A ; F F the area, including 
the a<pev5oi'ii ; b b pieces of masonry jutting out 
into the area ; e e the entrances ; from o to p is 
the length of an Olympic stadium ; from q to z the 
range of amphitheatrical seats mentioned above. 

(Krause, Die Gymnastik and Agnostik der Hel- 
lenen, p. 131, § 14 ; Muller, Archaol. der Kunst, 
§ 290 ; Olympia.) 

2. The word also signifies the chief Greek mea- 
sure for itinerary distances, which was adopted by 
the Romans also, chiefly for nautical and astro- 
nomical measurements. It was equal to 600 Greek 
or 625 Roman feet, or to 125 Roman paces ; and 
the Roman mile contained 8 stadia. (Herod, ii. 
149 ; Plin. H. N. ii. 23. s. 21 ; Columell. R. R. v. 
1 ; Strabo, vii. p. 497.) Hence the stadium con- 
tained 606 feet 9 inches English. (See the Tables.) 
This standard prevailed throughout Greece, under 
the name of the Olympic stadium, so called because, 
as above stated, it was the exact length of the 
stadium or foot-race course at Olympia, measured 
between the pillars at the two extremities of the 
course. There were multiples of the measure, 
corresponding to the longer races ; thus the Si'auAo? 
was 2 (TTaSia, and the S6\ixos 6 or more. (See 
above.) The Ittkik6v of 4 stadia we may presume 
to have been the length of one double course in 
the chariot race, which would give 2 stadia for the 
distance between the pillars in the hippodrome 
[Hippodromus, p. 611, a]. In mathematical geo- 
graphy, the ordinary computation was 600 stadia 
to a degree of a great circle of the earth's surface. 
The important question, whether the stadium was 
a uniform measure throughout Greece, is fully dis- 
cussed under Mensura, p. 755. [P-S.] 

STALA'GMIA. [Inauris.] 

STATER ((ttottjp), which means simply a 
standard (in this case both of weight and more 
particularly of money), was at first the name of the 
chief coin in the early Greek systems, namely, the 
didrachm. [Nummus, pp. 811, b, 812, a.] "When 
gold began to be coined, the name was applied to 
the principal gold coin of Greece, which was also 
called Chrysus (xp^fovs), and which in the ma- 
jority of cases was conformed to the Attic stand- 
ard, and therefore a stater commonly signifies a 
gold coin equal in weight to tivo Attic drachmae and 
in value to twenty ; but there are also staters of the 
Eubo'ic scale. The general subject of Greek gold 
money has been discussed under Aurum, where 
it is stated that the Greeks obtained their principal 
supply of gold from Asia. To the same quarter 
we must look for the origin of their gold money. 
The Daricus, which came to them from Persia, has 
been already treated of. [Daricus.] The stater 
is said to have been first coined in Lydia by 
Croesus. To this country, indeed, one tradition 
ascribes the origin both of gold and silver money 
(Herod, i. 94) ; but be this as it may, the stater of 
Croesus was the first gold coinage with which the 
Greeks were acquainted. (Herod, i. 84 ; Pollux, 
iii. 87, ix. 84.) Bockh (Metrolog. Untersuch. p. 
129) asserts that these staters were undoubtedly 
formed of the pale gold or electrum which was 
washed down from Tmolus by the Pactolus, and 
which Sophocles speaks of as Sardian electrum. 
(Antig. 1037.) [Electrum.] There is, in the 
Hunterian collection (Plate 66. fig. 1), a very an- 
cient coin of this pale gold, of an oval ball-like 



STATER. 



STATER. 



1057 



shape, impressed with the figure of a man kneel- 
ing, holding a fish in his left hand, and in his 
right a knife hanging down, which Pinkerton 
takes for a coin of Croesus, but respecting which 
nothing more can be said with safety than that 
it is a very ancient specimen of Asiatic money. 
Its weight is 248"r English grains, or allowing 
for the loss of weight by wear, about that of the 
Attic tetradrachm, which was twice the weight of 
the stater. This, therefore would be a double 
stater. (Bockh, c.) At all events, in the ab- 
sence of certain specimens of the Lydian stater 
and of an express statement of its value, we may 
suppose from the very silence of the Greek wri- 
ters, that it did not ditfer materially from the 
stater which was afterwards current in Greece ; 
and which was equal in weight to two drachmae, 
and in value to tirenty. (Hesych. s. r. Xpuaovs : 
Pollux, iv. 173 ; Ilarpocration, s.v. Aapeiicds.) 




Macedonian Stater. British Museum. 

The following were the principal Greek staters : 
1. The Attic stater, which has been spoken of un- 
der At'RL'M. The weights of the coins there men- 
tioned arc 132*3, 132*7, 132*6, and 132'75 grains, 
the average of which is 132*5875 grains, which 
only falls short of the weight of the Attic didrachm 
by a little more than half a grain. [Drachma.] 
The gold of the Attic coins is remarkably pure. 

2. The stater of Cyzicns was common in Greece, 
especially at Athens. We learn from Demosthenes 
(in Phorm, p. 914) that at a particular period (a 
little after u. c. 33.5) this stater passed on the Bos- 
porus for 2ff Attic drachmae, which, by a compari- 
son with the then value of the daricus [Daricus], 
would give for its weight about 1110 grains. Se- 
veral Cyzicene staters exist, but none of them 
come up to this weight. Hence we may conclude 
that the price of gold on the Bosporus was at that 
time unusually high. Some of the existing coins 
give 1 CO grains, and others not more than 1 20, for 
the weight of the Cyzicene stater ; but, allowing 
for debasement in the minting, and for subse- 
quent wear, we ma)- perhaps take 1 1!0 grains for 
about its true value, and if so, it belongs to the 
Eubo'ic standard. Its value, calculated from the 
Dumber of drachmae it passed for, would be 1/. 
2». <JJ. 

3. The Stater of I,nmpsacu3 is mentioned in an 
Attic inscription of B.C. 434. Several (.'old coins 
of I.ampsacus arc extant ; they may be known by 
the impression of a sea-horse upon them. There 
arc two in the British Museum of the weight of 
•boat 129 grains, which is just that of the daricus. 
The weights of the Lampsacenc staters are very 
mnqual ; and both Lampsncus and Cyzicus appear 
tn have had gold coins which were multiples of 
different standards. It is not improbable, that 
Ihl Bnbole and Attic standards existed together 
at these places. 

4. The stater of Phoraea is mentioned by Thu- 
CjdideS (iv. ,52) and Demosthenes (in lion,!, p. 
lol:>) ns in circulation in their times. S alini 



gives several of these, the largest of which, stamped 
with a *, weighs 255'42 English grains. This is a 
double stater, giving a single one of 127'71 grains, 
or 5 grains less than the Attic, and it seems to 
follow the standard of the daricus. Most of the 
others are thirds of the stater, and of a lighter 
comparative weight. There was also at Athens a 
Phocaean coin called eKT7j, and its half tiiiUktov, 
and Hesychius (s. v. tKrij) meutions the (ktti, 
TpiT7j, and Terdprrj, as coins of gold or silver or 
copper. Respecting these coins, see Hecte. 

5. The stater of Macedonia was coined by 
Philip II. and Alexander the Great after the 
standard of the Attic didrachm, and of very fine 
gold. Under those princes it came into general 
circulation in Greece and throughout the Macedo- 
nian empire. The extant specimens of this coinage 
arc very numerous. 

Mr. Hussey gives the following report of an assay 
which was made for him of a stater of Alexander. 

Gold 11 oz. 9 dwts. 6 grs. 
Silver „ „ 18 „ 

Alloy 

The silver is an accidental admixture, or, if known 
to be present, was not allowed for, so that this 
coin may be reckoned at 133 grains of fine gold, 
Our sovereign, after deducting the alloy, contains 
113*12 grains of fine gold. Therefore the Macedo- 
nian stater = [yjTjT> °f tne English sovereign, or 

11. 3s. CJ. 0'G72 farthing. The average is however 
a little below this stater, but not more so than is 
due to wear. The stater of Philip was very re- 
cently current in Greece at the value of about 25 
shillings. This standard was preserved, or very 
nearly so, under the later Macedonian kings, and 
was adopted by other states, as Epirus, Actolia, 
Acarnania, and Syracuse. 

Besides the staters noticed above, most of the 
cities of Ionia had gold coins, but their value is 
very doubtful. There arc specimens in existence 
from Chios, Teos, Colophon, Smyrna, Ephesus, and 
many other places. Samos, Siphnus, Thasos, the 
Greek cities of Sicily, and Cyrene had gold money 
at an early period. 

Pollux mentions a Corinthian stater as used in 
Sicily which he calls 5t Kaknpos ann-rip, and makes 
equal to 10 Aeginetan obols. (Pollux, iv. 174, iw 
110.) The explanation of this statement is very 
difficult, and depends in a great measure on thu 
disputed question whether the Corinthian money 
followed the Attic or the Aeginetan standard. 
[See Nummub, p. 812,a.] 

In calculating the value of the stater in our 
money, the ratio of gold to silver must not be over- 
looked. Thus the stater of Alexander, which we 
have valued, according to the present worth of 
gold, at 1/. 3.». <i(/., passed for twenty (Inc h nine, 
which, according to the present value of silver, were 
worth only 1C». 3</. But the former gives the 
better idea of the worth of the stater, the differ- 
ence arising from the greater value of silver in an- 
cient times than now. [ A lUiKNTUM. ] 

Besides tin- stater itself, there were, as appears 
from the above remarks, double staters, and the 
halves (i)^ixpvaovf, rjfuOTaTripts), quarters, thirds, 
sixths, and twelfths of the stater. The coins of 
tin' last four denominations are, however, much less 
common than the single, double, and half staters. 

The term araTtjp, in later times, was apolied to 
3 v 



1058 STATUARIA ARS. 



STATUARIA ARS. 



the silver tetradrachm, but whether it was so used 
in the flourishing times of Athens is doubtful. 
[Drachma.] 

It was also used in reference to weight, appa- 
rently like the Hebrew shekel and the Latin pondo, 
in a general sense. The Mina (Pollux, ix. 6) and 
the Sicilian Litra (Pollux, iv. 24), are both called 
stater. 

(Sestini, degli Stateri Anticki; Hussey ; Wurm ; 
Bb'ckh.) [P.S.] 

STATERA, a steel-yard. [Libra ; Tru- 
tina.] 

STATI DIES. [Dies, p. 409, b.] 
STATIO'NES. [Castra, p. 250, b.] 
STATIO'NES FISCI. The Fiscus was di- 
vided into various departments, called Stationes, 
according to the different revenues belonging to it. 
(Cod. 4. tit. 31. s. 1 ; 10. tit. 5. s. 1.) Thus we 
read of a Stetio XX. hcrcditatium (Orelli, Inscr. 
n. 3332), a Staiio Hercditatium (Orelli, n. 3207 ; 
Gniter, p. 451, n. 3) ; a Statio Annonae. (Orelli, 
n. 4107, 4420.) See Walter, Gescli. des Rom. 
Redds, § 314. 2d ed. 

STATIO'NES MUNICIPIO'RUM. [Grae- 
costasis.] 

STATOR, a public servant, who attended on 
the Roman magistrates in the provinces. The 
Statores seem to have derived their name from 
standing by the side of the magistrate, and thus 
being at hand to execute all his commands ; they 
appear to have been chiefly employed in carrying 
letters and messages. (Cic. ad Fam. ii. 1 7, 19, 
x. 21; Dig. 4. tit. 6. s. 10.) Alexander Severus 
forbade the use of statores in the provinces, and 
commanded that their duties should be discharged 
by soldiers. (Dig. 4. tit. 6. s. 10 ; Lamprid. Alex. 
Sev. 52.) 

STATU LIBER. [Manumissio.] 
STATUA'RIA ARS is in its proper sense the 
art of making statues or busts, whether they con- 
sist of stone or metal or other materials, and 
includes the art of making the various kinds of 
reliefs (alto, basso, and mezzo relievo). The an- 
cients, accustomed to trace all their arts and 
sciences to a single person, who was generally be- 
lieved to have been led to his discovery by some 
accidental circumstance, relate several stories to 
account for the origin and discovery of the arts of 
painting and statuary. (Plin. H. N. xxxv. 5 and 
43 ; compare Quintil. x. 2. § 7.) But arts such as 
these cannot, like those which are the necessary 
result of particular local circumstances, or are in 
their origin of a complicated nature, be assigned to 
any particular nation or to any particular indi- 
vidual : they spring up naturally in all countries, 
and take their origin alike everywhere in the 
imitative faculty of man. It is, therefore, idle talk 
when modern writers gravely repeat the stories 
about the invention of sculpture or painting, or 
assign the invention of either of them to the 
Egyptians or any other nation. These arts in their 
infant state existed among the Greeks from time 
immemorial, and if there are any resemblances 
between the earliest works of Grecian art and those 
of Egypt, we have still no right to infer that the 
Greeks learnt them from the Egyptians, and we 
might as well assert that the Greeks learnt their arts 
from the Gauls or from the Siamese, for the works 
of these nations too resemble those of early Greece. 
An art in its primitive state manifests itself nearly 
in the same manner in all parts of the world. But 



what is of real interest is to know the causes 
through which statuary, or, to use a more common 
but less appropriate term, sculpture, became so 
pre-eminently tlie art of the Greeks, that down to 
this day no other nation has produced artists that 
can compete with them, and that all look upon the 
Greeks as the great masters and models for all 
ages. Winckelmann has pointed out three great 
causes, viz. their innate genius, their religion, and 
their social and political institutions ; and these 
three points, if accurately examined, will certainly 
be found to have singularly co-operated in making 
the Greek artists what they were. There is another 
point connected with the origin of Grecian sculpture 
which appears to have led some modern writers to 
form erroneous opinions. The peculiar form of the 
Hermae [Hermae] has given rise to the belief 
that in the earliest statues the head only (bust) 
was represented, and that the remaining part of 
the body was expressed by a simple pillar or block. 
This view is contrary to nature as well as to his- 
tory, for neither a nation nor a child (which in this 
case may be fairly taken as a representative of a 
nation in its infancy), when they begin to exercise 
their imitative faculty, will rest satisfied with 
forming the mere head of a human being, but en- 
deavour to produce the whole as well as they can. 
We may add, that no other nation presents such 
a phenomenon in the earliest history of its arts. 
The Hermae, therefore, cannot have arisen from an 
incapability of forming a whole human figure. They 
appear rather to point to the time when the Greeks 
began to represent their gods in a human form. To 
give to a god the entire form of a man would have 
been irreverent, whereas the head was necessary, 
and at the same time sufficient, to represent him 
as a distinct individual being and endowed with 
spiritual and thinking powers. The process of 
humanizing the gods must have been preceded 
by the custom of representing them in unnatural 
forms, or such as were partly human and partly 
animal. The earliest images of the gods were pure 
images (not the gods themselves), and intended to 
express some thought or idea: now as the natural 
figure of man is only expressive of itself, the 
significant parts of two or more beings were put 
together to express the idea which men had formed 
of their gods. Such monstrous figures were re- 
tained as representations of some gods down to the 
latest times. As instances of this we may men- 
tion Glaucus with the tail of a fish ( Philostr. Icon. 
ii. 15), the Arcadian Pan with goat's feet (Hist. 
Mytlml. Bilderb. ii. p. 161, &c), and the Demetcr 
of Phigaleia with the head and mane of a horse. 
(Paus. viii. 42. § 3.) Homer's silence on such 
compound representations of the gods is no proof 
that they did not exist in early times. 

Before proceeding to consider statuary in its 
several stages of developement, it is necessary to 
make a few preliminary remarks respecting the 
materials used by the Greeks in this art. On the 
whole it may be said that there is no material 
applicable to statuary which was not used by 
the Greeks. As soft clay is capable of being 
shaped without difficulty into any form, and is 
easily dried either by being exposed to the sun or 
by being baked, we may consider this substance to 
have been the earliest material of which figures 
were made. We have a trace of this in the story, 
that Zeus, in his anger at Prometheus having stolen 
the fire, ordered Hephaestus to form Pandora of 



STATU ARIA ARS. 



STATU ARIA ARS. 



1053 



earth moistened with tears. (Ilesiod. Tlicotjon. 
571, &c. ; Stob. Serm. 1.) The name plastic art 
(7) irXaaTiK^), by which the ancients sometimes 
designate the art of statuary, properly signifies to 
form or shape a thing of clay. But notwithstand- 
ing the great facility of making figures of clay, 
they are not often mentioned in the early ages of 
Greece, while in Italy the Dii Jutiles (htjAicoi 
Seoi) were very common from the earliest times. 
Clay figures, however, never fell into disuse en- 
tirely, and in later times we find not only statues 
<>f clay, but the pediments in small or rural temples 
frequently contained the most beautiful reliefs in 
clay, which were copies of the marble reliefs of 
larger temples. When Pliny (//. A r . xixv. 43) 
speaks of Rhoecus and Theodorus of Samos as the 
inventors of the jtlastice, he seems to labour under 
a mistake and to confound the art of working in 
clay with that of casting in metal, as in later 
times the latter of these two arts was commonly 
called plastice. Some ancient figures of clay are 
still preserved. 

The second material was icood, and figures made 
of wood were called {oara, from {«'u>, " polish " or 
" carve." Various kinds of wood were used in 
statuary ; we find mention of oak, cedar, cypress, 
6ycamorc, pine, fig, box, and ebony. It was chiefly 
used for making images of the gods, and probably 
more on account of the facility of working in it, 
than for any other reason. It should, however, be 
remarked, that particular kinds of wood were used 
to make the images of particular deities: thus the 
statues of Dionysus, the god of figs, were made of 
tig-wood. The use of wood for statues of the 
gods continued to the latest times ; but statues of 
men, as, for example, some of the victors in the 
public games, were likewise made of wood at a 
time when the Greeks were sufficiently acquainted 
with the art of working in stone and metal. 

Stone was little used in statuary during the 
early ages of Greece, though it was not altogether 
unknown, as we may infer from the relief on the 
Lion-gate of Mycenae. In Italy, where the soft 
peperino afforded an easy material for working, 
stone appears to have been used at an earlier 
period and more commonly than in Greece. But in 
the historical times the Greeks used all the principal 
varieties of marble for their statues ; the most ce- 
lebrated kinds of which were the marbles of Paros 
and of Mount Pentelicus, both of which were of a 
white colour. Different kinds of marble and of 
different colours were sometimes used in one and 
the same statue, in which case the work is called 
Polylithic statuary. 

lironze (xoAkoj, aes), silrer, and gold were used 
profusely in the state of society described in the 
Homeric poems, which is a sufficient proof that 
works of art in these metals were not altogether 
unknown in those times. At that period, however, 
and long after, the works executed in metal were 
made by means of the hammer, and the different 
pieces were joined together by pins, rivets, cramps, 
or other mechanical fastenings, and, as the art 
advanced, by a kind of glue, cement, or solder. 
Iron came into use much later, and the art of 
casting both bronze and iron is ascribed to Rhoecul 
and to Theodorus of Samo9. (Paus. x. 38. § 3.) 

I A K.s ; M KT. W.I.I M. I 

Irnry came into use at a later period llinn any 
of the before-mentioned materials, and then wan 
highly valued both for its beauty and rarity. In 



its application to statuary, ivory was generally 
combined with gold, and was used for the parts re- 
presenting the flesh. Winckelmann has calculated 
that about one hundred statues of this kind are 
mentioned by the ancients. 

The history of ancient art, and of statuary in 
particular, may be divided into five periods. 

I. First Period, from the earliest times till uht.ut 
Ot. 50, or 580 a c 

The real history of the arts is preceded bv a 
period of a purely mythical character, which tra- 
dition has peopled with divine artists and most 
extraordinary productions. Three kinds of artists, 
however, may be distinguished in this mythical 
period : the first consists of gods and daemons, such 
as Athena, Hephaestus, the Phrygian or Dardanian 
Dactyli, and the Cabiri. The second contains 
whole tribe9 of men distinguished from others by 
the mysterious possession of superior skill in the 
practice of the arts, such as the Telchines and the 
Lycian Cyclopes. The third consists of individuals 
who arc indeed described as human beings, but yet 
are nothing more than personifications of particular 
branches of art, or the representatives of families 
of artists. Of the latter the most celebrated is 
Daedalus, whose name indicates nothing but a 
smith, or an artist in general, and who is himself 
the mythical ancestor of a numerous family of 
artists (Daedalids), which can be traced from the 
time of Homer to that of Plato, for even Socrates 
is said to have been a descendant of this family. 
It is, however, very probable that, in Homer, 
Daedalus is merely an epithet of the god Hephaes- 
tus. (See Diet, of' Iiioy. s. r.) He was believed 
to be an Athenian, but Crete also claimed the 
honour of being his native country. The stories 
respecting him are more like allegorical accounts of 
the progress of the arts than anything else. He 
was principally renowned in antiquity for his {o'ara, 
and several parts of Greece, as Boeotia, Attica, 
Crete, and even Libya in later times, were believed 
to possess specimens of his workmanship. (Paus. 
vii. 5, ix. 40. § 2, i. 18. § 5 ; Scylax, p. 53, ed. 
Iluds.) Numerous inventions also, especially of 
instruments used in carving wood, are ascribed to 
him. He is said to have made his statues walking, 
which appears to mean that before his time human 
figures were represented with their legs close to- 
gether, and that in his statues the legs were sepa- 
rated, which was at once a great step forward, as 
it imparted gTeater life and activity to a figure. 
Smilis (from on'iKri, a carving-knife) exercised his 
art in Samos, Acgina, and other places, and some 
remarkable works were attributed to him. (M oiler, 
Aerjinet. p. !)7.) Kndocis of Athens is called a 
disciple of Daedalus. Various works were attri- 
buted to him by the ancients. One among them 
was a colossal luavov of Athena Polias in a temple 
at Krythrae in Ionia. She was represented sitting 
upon a bp6vus, holding a spindle in her hand, and 
with a -n6\os on her head. Paiisanias (vii. 5. § 4) 
saw this loavov himself. (See Diet, uf liny, s. t*r. 
Daedalus, Kudoeut, Smilis.) 

According to the popular traditions of Greece, 
there was no period in which the gods were not 
represented in some form or other, and there is no 
doubt that fur a long time there existed no other 
statues in Greece, than those of the gods ; a statue 
of a man appears for a long time to have been a 
thing unheard of in Greece. The earliest rrpre- 

S r 3 



lOCO STATUARIA ARS. 



STATUARIA ARS. 



sentations of the gods, however, were by no means 
regarded as the gods themselves or even as images 
of them, but only as symbols of their presence ; 
and as the imagination of a pious primitive age 
does not require much to be reminded of the pre- 
sence of the deity, the simplest symbols were 
sometimes sufficient to produce this effect. Hence 
we find that in many places the presence of a god 
was indicated by the simplest and most shape- 
less symbols, such as unhewn blocks of stone (Af- 
6oi apyoi, Paus. ix. 27. § 1, 35. § 1, vii. 22. 
§ 3), and by simple pillars or pieces of wood. 
(Paus. vii. 22. § 3. ; Clem. Alex. Strom, i. p. 41 8, 
and p. 348, ed. Sylburg; Docana and Daedala.) 
Many such symbolic representations of gods were 
held in the greatest esteem, even in the historical 
ages, as sacred inheritances of former times, and 
remained the conventional representations of the 
gods notwithstanding the progress which the arts 
had made. The general name for a representation 
of a god not consisting of such a rude symbol was 
ayakfia. (Ruhnken, ad Tim. p. 2.) 

In the Homeric poems, although the shield of 
Achilles, the gold and silver dogs which kept 
watch at the palace of Alcinous, and other similar 
things may be pure fictions, there are sufficient 
traces of the existence of statues of the gods ; but 
it would seem that, as the ideas of the gods were 
yet gigantic and undefined, the representations of 
several superhuman beings were more calculated to 
inspire awe than to display any artistic beauty. 
(II. xi. 36, &c. ; Hesiod, Scut. Here. 144, 156, 
248, &c.) This was however not always the case. 
Temples are mentioned in several places (//. i. 39, 
vii. 83, &c), and temples presuppose the existence 
of representations of the gods. A statue of Athena 
is mentioned at Ilion, upon whose knees the queen 
places a magnificent peplus. (II. vi. 92 ; comp. 
273.) The statue thus appears to have been in a 
sitting position like the statues of Athena among 
the Ionians in general. (Strab. xiii. p. 601.) The 
existence of a statue of Apollo must be inferred 
from Iliad i. 28, for the a-Tefifia &eo?o can only 
mean the wreath or diadem with which his statue 
itself used to be adorned. This statue must more- 
over have been represented carrying a bow, for at- 
tributes like dpyvporoi^os could have no meaning 
unless they referred to something existing and 
well-known. Other proofs of representations of 
the gods in human form may be found in Iliad ii. 
478, &c. iii. 396. &c. These statues were un- 
doubtedly all loava, and, as we must infer from the 
expressions of Homer, were far more perfect than 
they are said to have been previously to the time 
of Daedalus. A work still extant, which is cer- 
tainly as old as the time of Homer, if not much 
older, is the relief above the ancient gate of Myce- 
nae, representing two lions standing on their hind 
legs, with a sort of pillar between them. (Paus. ii. 
16. § 4; Sir W. Gel], Argol. pi. 8—10; Gottling 
in the Rheinheh. Mus. 1841. part 2: wood-cut 
under Murus.) These facts justify us in sup- 
posing that, at the time of Homer, the Greeks, but 
more especially the Ionians of Asia Minor, had 
made great progress in sculpture. The Ionians 
appear to have been far in advance of the Greeks 
of the mother-country. The cause of this must 
probably be sought in the influence which some of 
the nations of western Asia, such as the Lydians, 
Lycians, and Phoenicians, had upon the Ionian 
colonists, for that these nations excelled the Greeks 



in various branches of the arts is abundantly at- 
tested by numerous passages in the Homeric 
poems. We must not however attribute too much 
to this foreign influence, for there were many other 
causes at work besides, by which the Greek colo- 
nies, not only of Asia, but of Sicily and Italy also, 
were carried forward in advance of the mother- 
country. The ancient coins of the Italian Greeks 
too are much more beautiful and show more indi- 
viduality than those of Greece proper; we also 
find that Learchus of Rhegium came to Sparta at 
a very early period, and formed there the ear- 
liest bronze statue of Zeus, which consisted of 
several pieces nailed together. (Paus. iii. 17. § 6.) 
About the same time, as some think, Gitiadas of 
Sparta made a bronze statue of Athena. (Paus. 
iii. 17. § 13.) There is, however, very great un- 
certainty respecting the true dates of these artists. 
(See Diet, of Biog. s. vv. Gitiadas, Learchus.) 
Another great work in bronze belonging to this 
period is the colossal statue of Zeus which was 
dedicated at Olympia by Cypselus or Periander of 
Corinth, and for which the wealthy Corinthians 
were obliged to sacrifice a considerable part of their 
property. (Strab. viii. pp. 353, 378 ; Phot, and Suid. 
s. v. Kv\pe\iSav.) About 650 B. c. Myron of Sicyon 
dedicated two SaKafioi of bronze at Olympia, which 
were still there in the days of Pausanias (vi. 19. 
§2). - 

The time which elapsed between the composition 
of the Homeric poems and the beginning of the 
fifth century before our aera may be termed the 
age of discovery ; for nearly all the inventions, 
upon the application of which the developement of 
the arts is dependent, are assigned to this period, 
which may at the same time be regarded as the first 
historical period in the history of art. Glaucus of 
Chios or Samos is said to have invented the art of 
soldering metal (<riSripov KoAArjais, Herod, i. 25). 
The two artists most celebrated for their discoveries 
were the two brothers Telecles and Theodoras of 
Samos, about the time of Polycrates. The most 
important of their inventions was the art of casting 
figures of metal. It is a singular circumstance, 
that the very two artists to whom this invention 
is ascribed, are said to have made their studies in 
Egypt ; and the curious story of the two brothers 
executing a ^6avov of the Pythian Apollo in such 
manner, that while Telecles made the one half of 
the statue at Delos, the other half was made by 
Theodoras at Ephesus, and that when the two 
halves were put together, they tallied as accurately 
as if the whole had been the work of one artist 
(Diodor. i. 98), has been thought to support the 
Egyptian tradition that these artists were greatly 
assisted in the exercise of their art by what they 
had learnt in Egypt. But, in the first place, the 
whole story has a very fabulous appearance, and 
even admitting that the artists, as the Egyptians 
asserted, had actually been in their country, no- 
body will on this ground maintain that they learnt 
their art there : the utmost they could have learnt 
might have been some mechanical processes : the 
art itself must be vindicated for the Greeks. In 
the second place, Telecles and Theodoras are called 
by Diodorus sons of Rhoecus, and Pausanias him- 
self, who was unable to discover a bronze work of 
Theodoras, saw at Ephesus a bronze statue which 
was the work of Rhoecus (x. 38. § 3.) Hence we 
have reason to suppose that Telecles and Theodoras 
learnt at any rate the art of casting metal from 



STATU ARIA ARS. 



STATUARIA ARS. 



1001 



their father, and not in a foreign country. Re- 
specting the various accounts of these two artists 
and the time at which they lived, see the Diet, of 
B'uxj. s. w. Pliny (H. X. xxxv. .55) says, that 
Pasiteles called the art of modelling clay the mother 
of the art of casting figures in metal (stutuaria), 
and this passage has been explained as if Pasiteles 
meant to say that in Samos the former of these 
arts had given rise to the latter. But this is ma- 
nifestly wrong, for from the words which follow 
in the text of Pliny it is clear that the meaning 
is, that he never executed any work in metal, 
marble, &c. without previously taking a model 
in clay. 

Statues of gods in baked clay, though in general 
more used for domestic and private than for public 
worship, continued to be made as before. Many 
specimens of small dimensions and of very rude 
workmanship have been discovered in Attic graves. 
(See Schol. ad Aristuph. Ae. 436.) Ornaments and 
reliefs on houses, porticoes, and temples were like- 
wise very commonly made of clay, especially at 
Corinth and in the Cerameicus. (Paus. i. 2. § 4, 
i. 3. § 1.) 

Representations of the gods in marble are not 
mentioned in Homer, although they may have ex- 
isted in his time, as well as statues of wood, which 
are likewise not expressly mentioned. Marble is 
found in the ancient Thesaurus of Orchomenos. 
Pliny (//. A r . xxxvi. 4. s. 2) calculates that works 
in marble were executed by Malas in Chios at the 
beginning of the Olympiads ; and about 01. 50 
(5ii0 B.c). Dipoenus and Scyllis were renowned 
for their works in marble. The most ancient spe- 
cimen of a marble statue was seen by Pausanias 
(i. 43. § 7) in the market-place of Megara. The 
work consisted of two figures, Coroebus killing 
Pocnc. There are still extant some works in mar- 
ble which may with certainty be ascribed to the 
period previous to OL 50. 

Before we conclude our account of the works 
produced during this period, we have to mention 
the celebrated chest of Cypselus at Olympia, which 
Pausanias saw and described (iv. 17. § 2, &c). It 
belonged perhaps to the year 733 H. c. The chest 
was made of cedar-wood, which was thought most 
durable. It was adorned on its four sides and on 
the cover with figures, partly in ivory, partly 
in gold, and partly in the cedar-wood itself, which 
represented various scenes Uiken from the stories 
of the heroic ages. Pausanias does not express his 
opinion as to their artistic merits, but the minute- 
ness with which he describes them is a sufficient 
proof that he did not consider them as bad cither 
in design or execution. Ouatrcmerc de Quincy 
has attempted (in his Jupiter Olympien) to restore 
this chest and its ornaments from the description 
of Pausanias ; but the restoration is so egregiously 
htd, that an eye accustomed to the contemplation 
of genuine works of art shrinks from it with dis- 
gust. 

During the whole of this period we scarcely 
hi'ar of any statues except those of the gods, and 
nl though marble and bronze began to be exten- 
sively applied, yet wood was much more generally 
used fur representations of the gods. These statues 
were painted [ I'ictuka, p. f)05],and in most cases 
dressed in the most gorgeous attire. The general 
character of the statues produced in the earlier 
times «f this period is on the whole the same as 
among other nations at such an early period. The 



style in which they are executed is called the 
archaic or the hieratic style. The figures are stiff 
and clumsy, the countenances have little or no in- 
dividuality, the eyes long and small, and the outer 
angles turned a little upwards, the mouth, which is 
likewise drawn upwards at the two corners, has a 
smiling appearance. The hair is carefully worked, 
but has a stiff wiry appearance, and hangs gene- 
rally down in straight lines which are curled at the 
ends. The arms hang down the sides of the body, 
unless the figure carries something in its hands. 
The drapery is likewise stitF, and the folds are very 
symmetrical and worked with little regard to na- 
ture. As the arts during this period were chiefly 
employed in the service of religion, they could, 
notwithstanding the many mechanical discoveries 
of the time, make but slow progress towards the 
production of arts of sublimity or beauty, for in 
the representation of the gods for public worship 
ancient forms hallowed by time and custom were 
retained and repeated without the artist being al- 
lowed, even if he was able to do it, to depart from 
these forms or to introduce any material change. 
Art therefore could not make any great progress, 
until it was applied to purposes in which the ar- 
tist's genius was not restrained by religious custom, 
and not bound to conventional forms. Religion, 
although the fostering mother of the arts in their 
infancy, became a tedious restraint when they 
grew up to manhood. But as soon as other spheres 
of action were opened, religion, in her turn, could 
not escape from the influence of the advancement 
of the arts, and the old conventional forms in many 
places gave way to works of real merit and genius. 
This great and important change took place about 
and after 01. 50. 

1 1. Second Period, from 01. 50 to Ol 75. 
(5«0— 4cl0 B.C.) 

This period, although comprising no more than 
one century, developed all the elements which com- 
bined to make Grecian art what it became during 
the third and most flourishing period of its history. 
Greece now came into close contact with the na- 
tions of the Kast and with Kgypt ; commerce flou- 
rished at Corinth, Aegina, Samos, Miletus, Phocaea, 
and other places ; gold became more abundant in 
Greece than it had been before, and the tyrants, 
who sprang up in several parts of Greece, surround- 
ed themselves with splendour and magnificence, 
and acted as the patrons of art to palliate their own 
usurpation. But all these were only external in- 
fluences, and could not have produced a nation of 
artists like the Greeks. Kpic poetry had gradually 
created in the minds of the people more defined 
ideas of their gods and heroes, while philosophy 
began to make men look beyond what was conven- 
tional and traditionary. The athletic and orchestic 
arts attained about ( >!. 50 a high degree of perfec- 
tion, and the circumstance that about the same, 
time the gymnastic and athletic contests at the great 
public festivals began to be performed naked, di- 
rected the attention of the artists as well as of tho 
public to nature, and rendered them familiar with 
tin' beaniifal forms of the human body. But the 
imitation of nature was at first of a very hard and 
severe character, ami the influence of conventional 
furniH slill .-ii-t-'il in many cws as an obstacle. 

The number of nrliits who flourished during 
this period is truly astonishing. It bfll been said 
that the close connection of father and son among 
3 V 3 



1062 



STATUARIA ARS. 



STATUARIA ARS. 



the artists ceased at this time, and that individual 
artists worked free and according to the dictates of 
their own genius. But this is going too far, for it 
still continued to be the common practice for a son 
to be instructed by his father, and although this 
relation is usually expressed by the term /xaS-nrris, 
yet on statues we only meet with the term vlos. 
But, along with these families of artists, schools now 
became more general, in which the arts were taught 
and cultivated according to certain principles which 
were or became traditionary in each school ; the 
schools thus acquired something of the spirit of 
castes or corporations. 

The Ionians of Asia Minor and the islanders of 
the Aegean, who had previously been in advance 
of the other Greeks in the exercise of the fine arts, 
had their last flourishing period from 01. 55 to 01. 
63 (560 — 528 B.C.). But this short period must 
have been one of the greatest as well as one of the 
most active and productive of numerous costly 
works of art. The presents which Croesus sent to 
Delphi, and some of which were said to have been 
made by the Samian Theodoras, must have been 
executed at the beginning of these forty years. 
Our want of information respecting the Ionians 
must be ascribed to the circumstance that we have 
no Pausanias to take us through their cities, and 
to describe and explain the works of art with which 
they were adorned. It is owing to the same cir- 
cumstance that we know so little of Rhodes, Lem- 
nos, Naxos, and Cyprus, although we may take for 
granted that these flourishing islands did not by 
any means neglect the arts. Respecting Chios and 
Samos we possess more information. Works in 
metal were produced in high perfection in the lat- 
ter island, in Aegina and Argos, while Chios gain- 
ed the greatest reputation from its possessing the 
earliest great school of sculptors in marble, in 
which Bupalus and Anthermus were the most dis- 
tinguished about 01. 60. Their works were scat- 
tered over various parts of Greece, and their value 
may be inferred from the fact that Augustus adorn- 
ed with them the pediment of the temple of Apollo 
on the Palatine. (Plin. FT. JV. xxxvi. 4.) These 
works must be supposed originally to have belonged 
to a Greek temple of the same god, and must cer- 
tainly have been of superior beauty to the works 
discovered in the island of Aegina, otherwise Au- 
gustus would not have chosen them as ornaments 
for the Palatine temple. Sicyon also possessed a 
celebrated school of sculptors in marble, and about 
01. 50 Dipoenus and Scyllis, who had come from 
Crete, were at the head of it, and executed several 
marble statues of gods. (Plin. /. a.) In Aetolia, 
whither they withdrew for a time, and at Argos, 
there likewise existed works in marble by these 
artists. Disciples of them, such as Dorycleidas, 
Medon, and Theocles, were engaged at Sparta and 
in other places. (Pans. v. 17. § 1, vi. 19.) Re- 
specting Magna Graecia and Sicily we know few 
particulars, though it appears that the arts here 
went on improving and continued to be in advance 
of the mother-country. The most celebrated artists 
in southern Italy were Dameas of Croton and 
Pythagoras of Rhegium. (See the lives of these 
artists in the Dictionary of Biography.) 

In Greece itself Sicyon continued from early 
times to be the seat of a distinguished school of ar- 
tists. Here Canachus and Aristocles flourished 
about 01. 70 as statuaries in metal, though the 
former was also celebrated in the art of carving in 



wood and in toreutic. Pliny (II. N. xxxvi. 4) 
calls Sicyon : diu officinarum omnium metattomm 
patria. Canachus, whose works Cicero (Brut. 18) 
calls more rigid and hard than was consistent with 
the truth of nature, was the most distinguished 
among the Sicyonian artists, and his skill found 
employment in other parts of Greece also. His 
most celebrated work was a colossal bronze statue 
of Apollo Philesius in the Didymaeon, the descrip- 
tion of which may give us an idea of the character 
of temple-statues at this period. The whole figure 
was stiff, very muscular, and without any elegance. 
In his right hand, which was stretched out, the 
god held a fawn, and in the left, which was some- 
what lower, a bow. The features of the counte- 
nance were hard and worked in the old hieratic 
style ; the hair was divided and hung down like wire 
with little curls at the end. (Muiler,^lrcAao/. p. 64.) 

In Aegina the arts appear likewise to have con- 
tinued to flourish as before, and the most celebrated 
among its artists was Callon, about 01. 66. (Paus. 
iii. 18. § 5, iv. 14. §2.) Athens, which at this 
time rivalled Aegina in the fine arts, appears in a 
short space to have made great progress, for great 
artists as well as great works begin now to ap- 
pear in the pages of Athenian history. This was 
in part owing to the influence of the Peisistratids. 
After the death of Peisistratus himself, the first 
quadriga of bronze was erected in front of the tem- 
ple of Pallas. The most celebrated among the 
Athenian sculptors were Critias and Hegias or 
Hegesias, both distinguished for their works in 
bronze. The former of them made in 01. 75 the 
statues of Harmodius and Aristogiton. (See the 
articles in the Did. of Biog.) 

Argos also distinguished itself, and it is a curious 
circumstance, that the greatest Attic artists with 
whom the third period opens, and who brought the 
Attic art to its culminating point, are disciples of 
the Argive Ageladas (about 01. 66), which at once 
raises this city and her other artists, such as Aris- 
tomedon, Glaucus, Dionysius, and others to a 
greater importance than we might otherwise be in- 
clined to attribute to them. 

Among the numerous works produced during 
this period we shall first mention the representa- 
tions of the gods (dyd\ixara). In all the statues 
which were made for temples as objects of worship, 
the hieratic style was more or less conscientiously 
retained, and it is therefore not in these statues 
that we have to seek for proofs of the progress of 
art. They were for the most part, as of old, made 
of wood, and when an old statue was to be replaced 
by a new one, the latter was generally a faithful 
copy of the former. Thus the wooden statue of 
Demeter at Phigaleia with a horse's head, from 
which dragons and other monsters sprang forth, 
and which bore a dolphin and a dove in its hands, 
was imitated by Onatas in bronze after the wooden 
figure had been burnt. (Paus. viii. 42.) The 
same adherence to ancient forms of the gods was 
also visible in other cases ; for when colonies were 
sent out the images of the gods of the mother-city 
were for the most part faithfully copied for the co- 
lony, and such copies were called d<pi8fji5fictTa. 
(Dionys. Hal. ii. 22, viii. 56 ; Strab. iv. p. 179.) 
The instances of the Apollo Philesius and of the 
Demeter of Onatas show that even in temple-sta- 
tues wood began to give way to other and better 
materials. Besides bronze, marble also, and ivory 
and gold were now applied to statues -of the gods, 



STATUARIA ARS. 



STATUARIA ARS. 



10U3 



and it was not very uncommon to fonn the body of 
a statue of wood, and to make its head, arms, and 
feet of stone (di<p6\i6oi), or to cover the whole of 
such a wooden figure with ivory and gold. (Paus. 
ii. 4. § 1, vi. 25. §4, &c, ii. 22. § 6 ; Eurip. 
Troad. 1081.) The latter method, which about 
this time became a distinct and much admired 
branch of statuary, was practised by Dorycleidas, 
Theocles, Medon, Canachus, Menaechmus, and 
others, and appears to have been introduced by 
Dipoenus and Scyllis. Quatremere de (juincy con- 
sidered this kind of sculpture, which the moderns 
call chryselephantine sculpture, as a part of the art 
which the ancii-nts called toreutic (rnptvTiKTi). 
There are few errors more surprising than this, and 
yet the opinion of the French critic has been re- 
peated as if there could be no doubt about it. 
[Elei'JIas.] 

From the statues of the gods erected for worship 
we must distinguish those statues which were de- 
dicated in temples as dvaflrjuaTa, and which now 
became customary instead of craters, tripods, &c. 
Hut here too the change was not sudden, for the 
statues at first were frequently connected with tri- 
pods and similar ornaments. At Amyclae there 
were tripods made by Callon and Gitiadas with 
small statues of goddesses under them. (Paus. iii. 
1(1.) In the execution of statues to be dedicated as 
dvaBtitiara, even though they were representations 
of gods, the artists were not only not bound to any 
traditional or conventional forms, but were, like 
the poets, allowed to make free use of mythological 
subjects, to add, and to omit, or to modify the 
stories, so as to render them more adapted for their 
artistic purposes. 

A third class of statues, which were erected dur- 
ing this period in great numbers, were tho->e of the 
victors in the great national games and of other 
distinguished persons (aVSpiai/Tei). The custom of 
erecting statues of the victors in public appears to 
have commenced about 01. 58 (Paus. vi. 18, § 5) ; 
but these statues soon became extremely numerous, 
and many of them were executed by the first artists 
of the time. In some the influence of the hieratic 
style was visible, or they were even made in that 
style, as the statue of My Ion by Dameas. (Phi- 
lostr. A poll. Tijan. iv. 28 ; coinp. Pans. iv. 28, 
vi. 14. §2.) Although these statues were gene- 
rally not portraits, for Pliny (U.S. xxxiv.9) states 
that only those who had gained the victory thrice 
were allowed to have an iconic statue erected, yet 
they were destined to preserve the memory of the 
particular physical powers and the bodily developc- 
ment of the athletes, or even to show the peculiar 
skill or the peculiar stratagems by which an athlete 
had excelled and overcome his adversary, ami thus 
nfforded to the artists numerous opportunities of 
representing figures in a variety o( attitudes and 
acti'ins. (Paus. vi. II). § I, viii. 40; Schol. ad 
J'iiul. (Jl. vii. init. ; Xenoph. Mem. iii. 10. jj G.) 
Statue* erected in public or dedicated in temples in 
honour of other distiguished persons are mentioned 
very rarely during this period, but they nppear 
generally to have been portraits (tixdyt!, statuae 
iconicac). The earliest statues of this kind we 
know of are those of Cleobis and lliton of Argos, 
which were dedicated in the temple of Delphi about 
01.50. ( Herod, i. 31.) The first iconic statues of 
llnnnodiusand Aristoj(ition were made by Antenor 
in 50!) B. r„, and in 477 n. c. new statue* of the 
tumc pcrcona were made by Critios, It is allowed 



on all hands that nothing contributed more to the 
advancement of statuary than the contests at the 
public games, as they not only rendered the artists 
familiar with the greatest variety of attitudes, and 
with the most beautifully developed forms of the 
bodies of the athletes, but also afforded to them 
numerous opportunities to represent in their works 
those same persons and attitudes which they had 
seen and admired. The widest field for study and 
exercise was thus opened to the artists. 

We have seen that at a very early period of 
Grecian art attempts were made to adorn the out- 
side of temples and other public buildings, but it 
was not till the period we are now describing that 
it became customary to adorn the pediments, friezes, 
and other parts of temples with reliefs or groups of 
statues of marble. We still possess two great 
works of this kind which are sufficient to show 
their general character during this period. 1. The 
Selintiutine JtfathliS, or the metopes of two temples 
on the acropolis of Selinus, in Sicily, which were 
discovered in 1823 by W. Harris and Sam. Angell, 
and are at present in the Museum of Palermo. 
Those belonging to the western temple appear to 
have been made at the beginning of this period, as 
they show a very great resemblance to the works 
in the hieratic style. The figures of the other or 
middle temple show indeed a considerable advance- 
ment of the art, but the execution is still hard and 
stiff ; they may have possibly been executed a short 
time before 01. 75. (See S. Angell and Th. Evans, 
Sculptured Metopes discovered among the ruins of 
Selinus, Lond. 1826 ; comp. Metup.\.) 2. Tin: 
Aeginetan Marl/'cs were discovered in 1812 in the 
island of Aegina, and are now at Munich in the 
collection of the king of Bavaria. They consist of 
eleven statues, which adorned two pediments of a 
temple of Athena, and repre-ent the goddess lead- 
ing the Aeacids against Troy, and contain manifest 
allusions to the war of the Greeks with the 
Persians. Many small holes in the marble render 
it probable that originally several parts of these 
statues, perhaps the armour, were of bronze, and 
fixed to them with nails. The general character 
of these Aeginetan statues is a mixture of the 
archaic style and an anxious imitation of nature. 
The hair is wiry, and traces of paint are visible on 
all parts of the statues, with the exception of those 
representing the flesh. (See Edw. Lyon, Outlines 
oftlte Kyina Marble*, 182!).) 

Resides these a great number of works in bronze 
and marble of this period arc still extant ; they are 
partly round figures or statues and partly reliefs. 
(Mullcr, Areh'dol. p. 73, &.c.) Some of the best 
specimens in marble relief, which seem to fonn the 
transition from this to the third period, are pre- 
served in the llritish Museum. (See Combe, Mar- 
bles of the llrit. Mut. ii. pi. (i and 7 ; S/Mvimens of 
Anc. Sculpture, pi. 1 I.) It is not always easy to 
say whether a work made in the nrchaic style is 
really as old a* the style indicates, a* this style 
was never entirely abandoned, and was retained 
in temple-statues even under the Roman emperors. 

III. Third I'erunlfrom 01 75 to 01. 111. 
(480— 33G U. c ) 

During this period Athens was the centre of the 
fine Utl in Greece. The Persian wars awakened 
in the hearts of the people the feeling nod the con- 
viction of their own |>ower, ami the (irceks, who 
had at first only warded oil' the attacks of the bat' 
3 v 4 



1064 



STATU ARIA ARS. 



STATUARIA ARS. 



barians, now felt strong enough to act on tlie offen- 
sive. The fall of the Spartan Pausanias raised 
Athens in 472 B. c. to the supremacy in the wars 
against Persia. Atliens had now acquired a pow- 
erful navy, and the tributes of the allies, which 
amounted at different times from 460 to 1200 
talents, and which from 4C2 B. c. were deposited 
in the treasury at Athens, raised the city to a 
height of power such as few cities have ever pos- 
sessed. Only a small portion of these treasures 
was spent upon war ; the rest was applied at first 
to the fortification of the city, and afterwards to 
the building of temples, porticoes, theatres, gym- 
nasia, &c. Among them we need only mention 
the Theseum, the Parthenon, the Propylaea, the 
stone theatre, the Poecile, and the Odeum. After 
the wars with Persia Athens appears by no means 
exhausted or broken down, but refreshed and 
strengthened like nature after a heavy storm. 

Statuary during this period went hand in hand 
with the other arts and with literature : it became 
emancipated from its ancient fetters, from the stiff- 
ness and conventional forms of former times. The 
free and noble spirit of the Athenian democracy 
showed its influence in all departments of litera- 
ture and art, and among the latter statuary reached 
its culminating point in the sublime and mighty 
works of Pheidias. (See Diet, of Biog. s. n. Phei- 
dias.) The democratical spirit did not however 
lead to any kind of extravagance in the arts : no 
vehement passions or actions were represented, and 
although the character of those works which belong 
to the latter half of this period differs very much 
from those of the former half, yet on the whole 
all show a calm dignity and an almost passionless 
tranquillity of mind, a feature so peculiar to all 
the great masterpieces of Grecian art. The Pelo- 
ponnesian war and the calamities which accom- 
panied it produced a change in the state of things ; 
a new generation now stepped into the place of 
the heroic race which had partaken in or witnessed 
the memorable events of the Persian war. Sen- 
suality and an indulgence of the passions became 
the prominent features in the character of the 
Athenian people ; and the prevailing desiTe after 
pleasures and strong excitements could not fail to 
produce an injurious influence upon the arts also. 
In the works of art which were produced after the 
year 380 B. c. there was no longer that calm and 
sublime majesty which characterised the works of 
Pheidias and his more immediate followers, but the 
figures were more pathetic, and calculated to have 
a greater effect upon the senses of the beholders. 
The different stages of the arts during this period 
bear the most striking analogy with the three 
phases of tragedy as they lie before us in the works 
of the three great dramatists, Aeschylus, Sophocles, 
and Euripides. 

Argos was, next to Athens, the most distin- 
guished seat of the arts during this period, and the 
works of the Athenian and Argive artists spread 
over all Greece, and became the models for other 
Greek artists. 

The developement of statuary at Athens and 
Argos had been prepared by Calamis of Athens 
and Pythagoras of Rhegium, the former of whom, 
although not quite free from the hardness of the 
earlier style, yet produced a great variety of works, 
among which are mentioned representations of gods 
in a sublime style, graceful statues of women, and 
■spirited horses, in which he was unrivalled. •(•Plin. 



II. N. xxxiv. 19. § U ; Quinctil. xii. 10. § 7; Cic. 
Brut. 18; Lucian, Imag. 6.) Pythagoras was dis- 
tinguished for the perfection with which he ex- 
pressed the muscles, veins, and hair in his athletic 
statues, for the beautiful proportions and the power- 
ful expression of these statues which, as Pliny says, 
made the beholders feel the pains which the indi- 
viduals represented were suffering. (Plin. II. N. 
xxxiv. 19. § 4 ; Paus. vi. 6. § 1 ; 13. § 4.) Several 
of his works are specified by Pausanias and Pliny. 
( See Diet, of Biog. s. v.) The career of Pheidias the 
Athenian begins about 01. 82. The genius of this 
artist was so great and so generally recognised, that 
all the great works which were executed in the age 
of Pericles were placed under his direction, and 
thus the whole host of artists who were at that time 
assembled at Athens were engaged in working out 
his designs and ideas. (Plut Perk. 12.) He him- 
self was chiefly engaged in executing the colossal 
works in ivory and gold, the expenses of which 
were supplied by the Greek states with the greatest 
liberality, and other works in bronze and marble. 
(For an account of the chryselephantine statues of 
Athena at Athens, and of Zeus at Olympia, and 
the other works of Pheidias, see the Diet, of Biog. 
s. v.) Pheidias was greatest in the representation 
of the gods, and especially in portraying the cha- 
racter of Athena, which he represented with various 
modifications, sometimes as a warlike goddess, and 
sometimes as the mild and graceful protectress of 
the arts. (Plin. II. N. xxxiv. 8. s. 19. § 1 ; Paus. i. 
28. § 2 ; Lucian, Imag. 6.) 

"We do not read of many disciples of Pheidias, 
but the most distinguished among them were 
Agoracritus of Samos and Alcamenes of Athens. 
Both, though the latter with greater independence, 
applied their skill like their master to statues of 
the gods; both were especially renowned for the 
great beauty, softness, and calm majesty with, 
which they represented goddesses, in the composi- 
tion of which they rivalled each other. Some of 
the statues of Alcamenes were very highly valued 
in antiquity, especially his Hecate, Athena, Aphro- 
dite in the gardens, Hephaestus, and also the 
groups in the pediment of the temple at Olympia. 
The most celebrated statue of Agoracritus was the 
Nemesis of Rhamnus, which had originally been 
intended as an Aphrodite to compete with that of 
Alcamenes, but was afterwards by the addition of 
the proper attributes consecrated as a Nemesis at 
Rhamnus. 

We still possess a series of sculptured works in 
marble which were made by the school of Pheidias, 
and some of them undoubtedly by the great master 
himself. These works are : 

1. Some parts of the eighteen sculptured metopes, 
together with the frieze of the small sides of the 
cella of the temple of Theseus. Ten of the metopes 
represent the exploits of Heracles, and the eight 
others those of Theseus. The figures in the frieze 
are manifestly gods, but their meaning is uncertain. 
All the figures are full of life and activity, and 
worked in the sublime style of the school of Phei- 
dias. Some antiquarians value them even hjgher 
than the sculptures of the Parthenon. Casts of 
these figures are in the British Museum. (Compare 
Stuart, Ant. iii. chap. 1.) 

2. A considerable number of the metopes of the 
Parthenon, which are all adorned with reliefs in 
marble, a great part of the frieze of the cella, some 
colossal figures, and a number of fragments of the 



STATUARIA ABS. 



STATUARIA ARS. 



10G5 



two pediments of this temple. The greater part of 
these works is now in the British Museum, where 
thev are collected under the name of the Elgin 
Marbles. They have been described and com- 
mented upon so often, that they require no further 
mention here. (See Diet, of Buy. s. v. Phidias.) 

3. The marble reliefs of the temple of Nike 
Apteros belong indeed to a later age than that of 
Pheidias, but they are manifestly made in the spirit 
of his school. They represent with great liveliness 
and energy contests of Greeks with Persians, and 
of Greeks among themselves. These also are in 
the British Museum. 

All these sculptures breathe on the whole the 
same sublime spirit, though it would seem that 
some, especially some figures of the metopes of the 
Parthenon, were executed by artists who had not 
emancipated themselves entirely from the influence 
of an earlier age. With this exception and some 
other slight defects, which are probably the conse- 
quences of the place which the sculptures occupied 
in the temples they adomed, we find everywhere a 
truth in the imitation of nature, which, without 
suppressing or omitting anything that is essential, 
and without any forced attempt to go beyond na- 
ture, produces the purest and sublimest beauty : 
these works show lively movements combined with 
calmness and ease, a natural dignity and grace 
united with unaffected simplicity ; no striving after 
effect, or excitement of the passions. These sculp- 
tures alone afford us ample means to justify the 
ancient critics, who state that the neya\twv and 
otfivov, or the grand and sublime, were the charac- 
teristic features of Pheidias and his school. (De- 
metr. de EUicut. 14 ; Dionys. Hal. de Isocrat. p. 
542.) Pheidias was the Aeschylu3 of statuary, 
and it may be safely asserted that, although the art 
subsequently made certain progress in the execution 
of details, yet Pheidias and his school were never 
excelled by subsequent generations. 

Besides the sculptures of the three temples men- 
tioned above, there are also similar ornaments of 
other temples extant, which show the influence 
which the school of Pheidas must have exercised 
in various parts of Greece, though they were exe- 
cuted in a different style. Of these we need only 
mention two as the most important. 

1. The Phigaleian marbles, which belonged to 
the temple of Apollo Epicurius, built about 01. 8G 
by Ictinus. They were discovered in 1012, and 
consist of twenty- three plates of marble belonging 
to the inner frieze of the cella. They arc now in 
the British Museum. The subjects represented in 
them are fights with centaurs and amazons, and 
one plate shows Apollo and Artemis drawn in a 
chariot by stags. Many of the attitudes of the 
figures appear to be repetitions of those seen on 
the Attic temples, but there are at the same time 
great differences, for the Phigaleian marbles some- 
times show a boldness of design which almost bor- 
ders on extravagance, while some figures arc incor- 
rectly drawn nnd in forced attitudes. The best 
descriptions of them are those in Bassi relieri delta 
Grima, divirn. da G. M. Wagner (1814), and in 
Starkclberg's Ajullotempel r» Btmat in Arcadien 
ii. flii- ilnsrllat iiiDiii-ijriih. Il hlirrrk.-, I.'I JII. 

•J. Marbles of the temple of the Olympian Zeus, 
which were made by Pnconius of Mendc and Alca- 
mencs of Athens. (Pans. v. 16.) Several frai;- 
ments of these sculptures were discovered in 11129, i 
and are now at Paris | AV/^tt. Hcientif. dc la\ 



Moree, pi. 74 — 78.) The figures of these marbles 
are indeed free from the fetters of the ancient style, 
and show a true imitation of nature, but do not 
nearly come up to the ideal simplicity of the works 
of Pheidias. 

About the same time that the Attic school rose 
to its highest perfection under Pheidias, the school 
of Argos was likewise raised to its summit by 
Polvcleitus, who was inferior to the former in his 
statues of gods (Quinctil. xii. 10. § 7, &c. ; Cic 
Brut. 18), though he advanced the toreutic art in 
his colossal statue of Hera at Argos further than 
Pheidias. (Plin. H.N. xxxiv. 8. s. 19. § 2.) But 
the art of making bronze statues of athletes was 
carried by him to the greatest perfection : ideal 
youthful and manly beauty was the sphere in which 
he excelled. Among his statues of gods we only 
know two, that of Hera and another of Hermes. 
Pliny mentions several of his representations of 
human beings, in which without neglecting to give 
them individuality, he made youthful figures in 
their purest beauty, and with the most accurate 
proportions of the several parts of the human body. 
(Plin. /. c. ; comp. Strab. viii. p. 372.) One of 
these statues, a youthful Doryphorus, was made 
with such accurate observation of the proportions 
of the parts of the body, that it was looked upon 
by the ancient artists as a canon of rules on this 
point (Cic. Brul. 8G, Oral. 2 ; Quintil. v. 12. 
§ 21 ; Lucian, de Saltat. 75.) Polvcleitus is said 
to have written a work on the same subject, and it 
may be that his Doryphorus was intended to give a 
practical specimen of the rules he had laid down 
in his treatise. He gained a victory over Pheidias 
in the representation of an Amazon, which must 
consequently have been a figure in the greatest 
luxuriance of female beauty combined with a manly 
character. (Miiiler, Arc/idol. § 121.) Polvclei- 
tus was also distinguished in portrait-statues, among 
which that of Artemon Pcriphoretus, a mechani- 
cian of the time of Pericles, is mentioned with es- 
pecial praise. (Comp. Did. of Bint/, s. v.) 

Myron of Eleutherae, about 01. 87, was, like 
Polycleitus, a disciple of Ageladas, but adhered to a 
closer imitation of nature than Polvcleitus, and as 
far as the impression upon the senses was concerned, 
his works were most pleasing, but omtni senstts 
non erprcsxit, says Pliny (//. A*, xxxiv. 8. s. 19. § 
3). The cow of Myron in bronze was celebrated 
in all antiquity. (Tzetzes. did. viii. 1 94, &c. ; Pro- 
pert, ii. 31. 7.) Pliny mentions a considerable 
number of his works, among which a dog, a disco- 
bolus, pentathli and pancratiasts were most cele- 
brated ; the last of them were especially dis- 
tinguished for their eurythmia and the animation 
displayed in their movements, as well as fur the 
most beautiful athletic attitudes. Among his sta- 
tues of gods we find only mention of a colossal 
group representing Heracles, Zeus, and Athena, 
which he made for the Samians. (Plin. L c. ; Cic. 
c. Vrrr. iv. 3 ; Strab. xiv. p. G37.) In his execu- 
tion of the hair he adhered, according to Pliny, to 
the ancient style. (See Did. of livxj. s. t\) 

The deviation from the sublime ideality of the 
Attic school of Pheidias was still more manifest in 
the works of Cnllimachus and Demetrius. The 
former executed his statues with the utmost possi- 
ble accuracy and attention to the minutest details, 
but was careless in the conception as well as in the 
execution of the whole, which destroyed the value 
of his works, whence he was designated by the 



1066 



STATUARIA ARS. 



STATUARIA ARS. 



nickname of K.aTcny)tlTex v os. Quinctilian (xii. 10. 
§ 9) says of him nimius in veritate. (Comp. Lucian, 
Phihps. 18 ; Plin. Epist. iii. 6.) On the whole it 
should be observed, that near the end of the Pelo- 
ponnesian war and afterwards the greater part of 
the artists continued to work in the spirit and 
style of Polycleitus, and that the principal produc- 
tions in Peloponnesus were bronze statues of ath- 
letes and statues erected in honour of other distin- 
guished persons. (Paus. x. 9. § 4, vi. 2. § 4 ; 
Plut. Lysand. 1,18, de Orac. Pyth. 2.) 

The change which took place after the Pelopon- 
nesian war in the public mind at Athens could not 
fail to show its influence upon the arts also ; and 
the school of statuary, which had gradually become 
developed, was as different from that of Pheidias as 
the then existing state of feeling at Athens was from 
that which had grown out of the wars with Persia. 
It was especially Scopas of Paros and Praxiteles 
of Athens, about one generation after Myron and 
Polycleitus, who gave the reflex of their time in 
their productions. Their works expressed the 
softer feelings and an excited state of mind, such 
as would make a strong impression upon and cap- 
tivate the senses of the beholders. But the chief 
masters of this new school still had the wisdom to 
combine these things, which were commanded by 
the spirit of the age, with a noble and sublime con- 
ception of the ideas which they embodied in their 
works. Scopas and Praxiteles were both distin- 
guished as sculptors in marble, and both worked in 
the same style ; the legendary circles to which most 
of their ideal productions belong are those of Dio- 
nysus and Aphrodite, a fact which also shows the 
character of the age. There was a time when this 
school of statuary was considered superior even to 
that of Pheidias, and it is indeed true that its pro- 
ductions are distinguished by exquisite beauty and 
gracefulness, whence their female statues in parti- 
cular are, in one sense, unrivalled ; but the effect 
they produced upon the minds of the beholders 
was by no means of the same pure and elevating 
nature as that of the works of their predecessors. 
( For an account of their works, see the articles Prax- 
iteles and Scopas in the Dictionary of Biography.) 

Cephissodorus and Timarchus were sons of 
Praxiteles. There were several works of the for- 
mer at Rome in the time of Pliny; he made his 
art subservient to passions and sensual desires. 
Pliny (H. N. xxxvi. 5. s. 4. § G) mentions among 
his works a celebrated Symplegma at Pergamus, 
which is the first instance of this kind that we hear 
of in Grecian art. A similar spirit pervaded the 
works of Leochares (as his Ganymedes carried by 
an eagle up to Zeus), of Polycles, who was the first 
that made the voluptuous statues of Hermaphro- 
dites, and of Silanion, who made a dying Jocaste. 
(Plin. H. N. xxxiv. 8. s. 19. § 17 and 20 ; Plut. 
de Aud. Poet. 3, Sympos. v. 1 ; see Diet, of Biog. 
s. vv.) Leochares also made a number of portrait- 
statues in ivory and gold of members of the royal 
family of Macedonia, and of other persons. (Paus. 
v. 20.) Such portrait-statues about this time began 
to give much occupation to the artists. About the 
year 350 B. c. several of the greatest artists of the 
age, such as Scopas, Leochares, Timotheus, and 
Bryaxis, were engaged in Caria in making the 
magnificent mausoleum of Mausolus, a general 
description of which is given under Mausoleum. 

Most of the above-mentioned artists, however 
widely their works differed from those of the school 



of Pheidias, may yet be regarded as having only 
continued and developed its principles of art in a 
certain direction ; but towards the end of this pe- 
riod Euphranor and Lysippus of Sicyon carried out 
the principles of the Argive school of Polycleitus. 
(Cic. Brut. 86.) Their principal object was to re- 
present the highest possible degree of physical 
beauty and of athletic and heroic power. (See 
their lives in the Diet, of Biog). The chief charac- 
teristic of Lysippus, and his school is a close 
imitation of nature, which even contrived to 
represent bodily defects in some interesting man- 
ner, as in his portraits of Alexander ; its tendency 
is entirely realistic. The ideal statues of former 
times disappear more and more, and make way 
for mere portraits. Lysippus, it is true, made sta- 
tues of gods ; but they did not properly belong to 
his sphere ; he merely executed them because he 
had received orders which he could not well refuse. 
His greatest care was bestowed upon the execution 
of the details (argutiae operum), upon the correct 
proportions of the parts of the human body, and 
upon making his statues slender and tall above the 
common standard. In short, all the features which 
characterise the next period appear in the school of 
Lysippus. 

IV. Fourth Period, from 01. Ill to 01. 158. 
(336—146 b.c.) 

Within a few generations Grecian art had passed 
through the various stages of developement, and 
each of them had produced such an abundance of 
masterpieces that it was difficult for a new genera- 
tion of artists to produce new and original works. 
Hence the artists of the periods which followed 
could not do much more than imitate, and their 
productions are better or worse in proportion as 
they were founded upon the study of earlier works 
or not. But even this period of eclecticism has 
nevertheless produced statues and groups worthy 
of the highest admiration, and which can be placed 
by the side of the best works of antiquity. The 
very slow decay of the arts, in comparison with the 
rapid decline of literature, is indeed a strange phe- 
nomenon. 

During the first fifty years of this period the 
schools of Praxiteles and Lysippus continued to 
flourish, especially in works of bronze ; but after 
this time bronze statues were seldom made, until 
the art was carried on with new vigour at Athens 
about the end of the period. The school of Ly- 
sippus gave rise to that of Rhodes, where his dis- 
ciple Chares formed the most celebrated among the 
hundred colossal statues of the sun. It was seventy 
cubits high and partly of metal. It stood near the 
harbour, and was thrown down by an earthquake 
about 225 b. c. (Plin. H.N. xxxiv. 18 ; Meursius, 
Rhodus, i. 16; Did. of Biog. s. v.) Antiquarians 
assign to this part of the fourth period several very 
beautiful works still extant, as the magnificent 
group of Laocoon and his sons, which was dis- 
covered in 1506 near the baths of Titus, and is at 
present at Rome. This is, next to the Niobe, the 
most beautiful group among the extant works of 
ancient art ; it was according to Pliny the work of 
three Rhodian artists : Agesander, Polydorus, and 
Athenodorus. (Plin. H.N. xxxvi. 5. s. 4. § 11 ; 
Lessing's Laocoon.) The celebrated Farnesian bull 
is likewise the work of two Rhodian artists, Apol- 
lonius and Tauriscus. (Plin. H. N. x-xxviv 5. s. 4. 

§ io.) 



STATUARIA ARS. 



STATUARIA ARS. 



10G7 



In the various kingdoms which arose out of the 
conquests of Alexander the arts were more or less 
cultivated, and not only were the great master- 
works of former times copied to adorn the new ca- 
pitals, but new schools of artists sprang up in several 
of them. Alexandria, Pergamus, and Seleuceia 
rivalled each other in art no less than in literature. 
At Pergamus the celebrated groups were composed 
which represented the victories of Attalus and 
Eumenes over the Gauls. (Plin. //.A', xxxiv. 8. 
8. 19. § 24 ; Paus. i. 25. § 2 ; Plut. Anton. 60.) 
It is believed by some (Miiller. Arch. § lot!) that 
the so-called dying gladiator at Rome is a statue of 
a Gaul, which originally belonged to one of these 
groups. Ephesus also had a tlourishing school of 
art, which appears to have followed in the main 
the style of Lysippus, and excelled, like that of 
Pergamus, in the representation of battle scenes. 
The Borghese fighter in the Louvre is supposed to 
be the work of an Ephesian Agasias, and to have 
originally formed a part of such a battle-scene. In 
Syria too, art flourished at Antioch until the time 
of Antiochus IV., before whose reign a number of 
statues had already been carried away by Scipio. 

In these new monarchies statues of the gods 
were seldom made, and when they were executed 
they were in most cases copies from earlier works, 
as the character in which the gods were repre- 
sented had gradually become fixed, and few artists 
ventured to alter the forms, which had become 
typical. Portrait-statues of kings increased, on 
the other hand, to a great extent. The vanity of 
the kings and the flatter)' of the artists created a 
new kind of statues : the princes were frequently 
identified with certain deities, and were conse- 
quently represented as such with all the requisite 
attributes. In many cases the mere bust of a king 
was put upon the body of a statue of a god. This 
was a most dangerous rock for artists ; for the 
simple representation of a king in the shape of a 
god, which commenced as early as the time of 
Alexander, Was soon thought an insufficient mark 
of veneration, and art degenerated into a mere in- 
strument of the most vulgar flattery : pomp and 
show and tasteless ornaments were mistaken for art. 
Flattery towards the great was also shown in the 
monstrous number of statues that were erected to 
one and the same individual. Demetrius Phalcreus 
had 360, or according to others 1 500 statues erected 
to him. (Athen. xii. p. 537 ; Paus. v. 24. § 3 ; 
Clem. Alex. ProlrepL iv. p. 16", cd. Sylb. ; Dion 
Chrysost. Oral. 37. p. 1 22. ) When the honour of 
a statue ceased to be considered as a high distinc- 
tion, and when it became necessary to produce 
such numbers of statues, the workmanship na- 
turally became worse in proportion as the honour 
Rank in public estimation. During this time it 
became customary to combine with the statues of 
kings and generals symbolical representations of 
towns, which are called -rvxai v6\fuv. In Magna 
tlraecia art gradually fell into decay after the wars 
with the Romans ; and the example of Capua, 
fftml which all the statues were carried to Rome, 
affords us an instance of the robberies and plunder 
which were committed by the Roinnns in other 
towns of Italy. Hut even after the Roman con- 
quests the cultivation of the plastic arts cannot have 
censed altogether, as we must infer from the nu- 
merous works found at Pompeii, some of which 

possess .1 higher degree of piTl'i'i tl'MI and h'Mirlv 

IBM might have been exacted in works of so late 



a date. In Sicily the activity of the artists appears 
to have ceased after the Roman conquest, for the 
numerous works with which Syracuse was adorned 
and with which we are made acquainted by Cicero 
(c. Verr. iv.), mostly belong to an earlier period. 

Shortly before the taking of Corinth by Mum- 
mius, statues in bronze and marble were revived 
at Athens ; and although the artists were far in- 
ferior to those of former times, yet they still pro- 
duced -works of great excellence, as they showed 
their good sense and taste by making the master- 
works of their predecessors the subjects of study 
and imitation. (Plin. //. A', xxxiv. b'. s. 1 9.) Among 
those who contributed most to this revival of sta- 
tuary were Cleomenes (who made the Mcdicean 
Venus, an imitation of that of Cnidus, but inferior 
in point of taste and delicacy), his son Cleomenes 
(by whom there is a statue in the Louvre, which 
shows exquisite workmanship but little life), Gly- 
con, Apollonius, and others. (See their lives in 
the Diet, of Biorj.) 

About the close of this period, and for more than 
a century afterwards, the Romans, in the conquest 
of the countries where the arts had flourished, 
made it a regular practice to carry away the works 
of art ; and, as they were unable to appreciate their 
value and merit, they acted in many cases no 
better than rude barbarians, regarding the most 
precious relics of art in no other light than that of 
chairs and tables, which might be made again at 
pleasure and at any time. At first these robberies 
were carried on with some moderation, as by Mar- 
cellus at Syracuse and by Fabius Maximus at 
Tarcntum, and only with a view to adorn their 
triumphs and the public buildings of Rome. The 
triumphs over Philip, Antiochus, the Aetolians, 
the Gauls in Asia, Perseus, Pseudo-Philip, and 
above all the taking of Corinth, and subsequently 
the victories over Mithridates and Cleopatra, filled 
the Roman temples and porticoes with the greatest 
variety of works of art. After the taking of Co- 
rinth, the Roman generals and governors of pro- 
vinces began to show a kind of amateurship in 
works of art, which was probably more owing to 
the fashion prevailing among the Roman grandees 
than to any real taste or love for the fine arts : 
they now carried off whatever they could, to adorn 
their own residences. Sometimes either their ava- 
rice or necessity induced them to melt down the 
most precious works without any regard to artistic 
worth. The sacrilegious plunder of temples and 
the carrying away of the sacred statues from the 
public sanctuaries, which had at first been pre- 
vented to some extent by the pontiffs, became 
afterwards a common practice. The manner in 
which Verres acted in Sicily is but one of many 
instances of the extent to which these robberies 
were carried on. The emperors, especially Au- 
gustus, Caligula, and Nero, fulluwrd these exam- 
ples, and the immense number of statues which 
notwithstanding nil this remained at Rhodes, Del- 
phi, Athens, and Olympia, is truly astonishing. 
(See Viilkel, 1'ilnr <lie \\'i<ij"iihriiwj ilrr alien 
Kun-twrh '/K.i il'ii rriJmrti n /.iindirn nach Horn; 
Miiller, ArcJidiJ. § lb'4, \c.) 

I le fore we proceed to describe the stato of sta- 
tuary during the last stage, in which Homo was the 
centre of the ancient world, it will be necessary to 
give an outline of the history of statuary among 
the Etruscans and Romans down to the year J J Li 
u. c 



1068 



STATU ARIA ARS. 



STATUARIA ARS. 



The Etruscans were on the whole an industrious 
and enterprising people. Different hypotheses have 
been proposed to account for the cultivation of the 
arts, in which this nation excelled all others in 
central and northern Italy, as well as for the peculiar 
style of some of their productions. Some writers 
think that it was owing to colonies from Lydia, 
which were established at Caere and Tarquinii, 
others that the Etruscans themselves were a Pe- 
lasgian tribe. With the works of Grecian art they 
must have become acquainted at an early time 
through their intercourse with the Greeks of 
southern Italy, whose influence upon the art of the 
Etruscans is evident in numerous cases. The East 
also appears to have exercised some influence upon 
the Etruscans, as many works of art found in 
Etruria contain precisely the same representations 
as those which we find in Asia, especially among 
the Babylonians. However this may have been 
effected, we know for certain that the whole range 
of the fine arts was cultivated by the Etruscans at 
an early period. Statuary in clay (which here 
supplied the place of wood, |o'afa, used in Greece) 
and in bronze appears to have acquired a high 
degree of perfection. In 267 B. c. no less than 
2000 bronze statues are said to have existed at 
Volsinii (Plin. H.N. xxxiv. 16, 18; compare 
Vitruv. iii. 2), and numerous works of Etruscan 
art are still extant, which show great vigour and 
life, though they do not possess a very high degree 
of beauty. Among them we may mention the 
Chimaera of Arretium (at Florence) ; the Capitoline 
She-wolf (Dionys. i. 79 ; Liv. x. 23), which was 
dedicated in B.C. 296; the Minerva of Arezzo 
(now at Florence) ; and others. Some of their 
statues are worked in a Greek sty r le ; others are of 
a character peculiar to themselves, and entirely 
different from works of Grecian art, being stiff and 
ugly ; others again are exaggerated and forced in 
their movements and attitudes, and resemble the 
figures which we meet with in the representations 
of Asiatic nations. Etruscan utensils of bronze, 
such as candelabra, paterae, cups, thrones, &c, 
embellished with various ornaments and figures, 
were very highly valued in antiquity, and even at 
Athens at a time when the arts were still flourish- 
ing there. (Ath. i. p. 28, xv. p. 700.) Their 
works in stone, especially the alto and basso- 
relievos, which are found in considerable numbers 
on chests containing the ashes of the dead, are 
with few exceptions, of very inferior merit. 

The Romans previously to the time of the first 
Tarquin are said to have had no images of the 
gods ; and for a long time afterwards their statues 
of gods in clay or wood were made by Etruscan 
artists. (Plin. II. N. xxxv. 45, xxxiv. 16.) During 
the early part of the republic the works executed 
at Rome were altogether of a useful and practical 
and not of an ornamental character ; and statuary 
was in consequence little cultivated. But in the 
course of time the senate and the people, as well as 
foreign states which desired to show their gratitude 
to some Roman, began to erect bronze statues to 
distinguished persons in the Forum and other 
places. (Plin. II. N. xxxiv. 14.) The earliest 
works of this kind, which we can consider as really 
historical, are the statues of Attus Navius (Plin. 
H.N. xxxiv. 11 ; Cic. de Divin. i. 11), of Minucius 
outside the Porta Trigemina, and of Pythagoras 
and Alcibiades, which stood in the corners of the 
comitium from the year b. c. 314 down to the dic- 



tatorship of Sulla. (Plin. H. N. xxxiv. 12.) The 
last two statues were undoubtedly of Greek work- 
manship. The earliest metal statue of a deity 
was, according to Pliny, a Ceres which was made 
of the confiscated property of Spurius Cassius, about 
485 B. c. (Plin. H. N. xxxiv. 9.) Two other metal 
statues of gods were the Capitoline Hercules, 306 
B. c. (Liv. ix. 44), and the colossal statue of the 
Capitoline Jupiter, which, according to Livy, was 
made about 490 B. c. (Liv. ix. 40, x. 38 ; Plin. 
H. N. xxxiv. 18.) The number of statues of men 
in the Forum appears soon to have become very 
great, and many persons seem to have had them 
erected there without any right: hence in 161 
B. o. the censors P. Cornelius Scipio and M. Po- 
pilius removed from the Forum all the statues of 
magistrates which had not been erected with the 
sanction of the senate or the people. (Plin. H. N. 

xxxiv. 14.) A statue of Cornelia, the mother of 
the Gracchi, stood in the porticus of Metellus. 
The artists by whom these and other statues were 
executed were undoubtedly Greeks and Etruscans. 

V. Fifth Period, from Ol. 158 (b. c. 146) to the 
fail of the Wester?! Empire. 

During this period Rome was the capital of 
nearly the whole of the ancient world, not through 
its intellectual superiority, but by its military and 
political power. But it nevertheless became the 
centre of art and literature, as the artists resorted 
thither from all parts of the empire for the purpose 
of seeking employment in the houses of the great. 
The mass of the people, however, had as little taste 
for and were as little concerned about the arts as 
ever. (Horat. Art. Poet. 323 ; Petron. 88.) In 
addition to this there was still a strong party of 
the Romans, who, either from an affected or an 
honest contempt for the Greeks, entertained the 
vain hope of being able to restore the olden times. 
These circumstances account for the fact that a man 
like Cicero thought it necessary to conceal and dis- 
guise his love and knowledge of the fine arts. It 
was, therefore, only the most distinguished and in- 
tellectual Romans that really loved and cherished 
the arts. This was both a fortunate and an unfor- 
tunate circumstance : had it not been so, art would 
have perished at once ; now it continued in some 
degree to be cultivated, but it experienced the same 
fate which it has met with at all times, when it 
has continued its existence without the sympathies 
of the people, and merely under the patronage of 
the great. Notwithstanding these unfavourable 
circumstances, there were a number of distinguished 
artists at Rome during the latter period of the re- 
public, who had really imbibed the spirit of the an- 
cient Greeks and who produced works of great beauty 
and merit. We need only mention such names 
as Pasiteles of southern Italy, who was a Roman 
citizen, and who made an ivory statue of Jupiter for 
the temple of Metellus (Plin. II. N. xxxvi. 5. s. 4. 
§12); Arcesilaus, of whom Pliny mentions several 
highly valued works, and whose models were prized 
more than the statues of others ; Decius, who even 
ventured to rival Chares in the art of founding 
metal statues ; Diogenes, and others. During the 
empire the arts declined, and, with some noble ex- 
ceptions^ merely administered to the vanity, luxu- 
ries, and caprices of the emperors. (Senec. Epist. 
88.) The inertness of the times, says Pliny (H. N.) 

xxxv. 2), has destroyed the arts ; and as there 
were no more minds to be represented, the repre-< 



STATUARIA ARS. 



STATUARIA ARS. 



1069 



scntations of the bodies were likewise neglected. 
Occasionally, however, excellent and gifted sculp- 
tors still arose, and adorned the palaces of the em- 
perors with beautiful groups. Pliny (//. A r . xxxvi. 
4. § 11) mentions as such Craterus, Pythodorus, 
Polydectes, Hermolaus, a second Pythodorus, Ar- 
temon, and Aphrodisius of Tralles. (See the arti- 
cles in the JJici. of Biog.) In the time of Nero, 
who did much for the arts, we meet with Zeno- 
dorus, a founder of metal statues, who was com- 
missioned by the emperor to execute a colossal 
statue of 1 10 feet high, representing Xero as the 
Sun. The work was not completely executed, as 
the art of using the metal had fallen into oblivion. 
In A. D. 75 the statue was consecrated as a Sol, 
and was afterwards changed into a statue of Com- 
modus by altering the head. (Plin. H.N xxxiv. 
18; Ilerodian, i. 15.) The principal sculptured 
works that were produced during the empire, were, 
1. Reliefs on public monuments, such as those 
adorning the triumphal arch of Titus, which repre- 
sented the apotheosis of the emperor, and his tri- 
umph over Judaea. The invention and grouping 
of the figures are good and tasteful, but the exe- 
cution is careless. The same may be said of the 
reliefs of the temple of Minerva in the Forum of 
Domitian, in which the drapery in particular is 
very bad. 2. Statues and busts of the emperors. 
These may again be divided into classes, and are 
easiest distinguished by the costumes in which they 
are represented. They are (a) faithful portraits in 
the costume of ordinary life (toga), or in the attire 
of warriors (statuae thoracatae) generally in an at- 
titude as if they were addressing a body of men, as, 
c. g. the colossal statue of Augustus in the palace 
(irimani. To this class also belong the equestrian 
statues, and the statues upon triumphal cars with 
from two to six horses, and sometimes even with 
elephants, which were frequently made for emperors 
out of mere vanity, and without there having been 
any real triumph to occasion such a work. (Dion 
Cass. liii. 22 ; Stat. Silo. i. 1 ; Mart. ix. 09 ; Tacit. 
de. Oral. 8. 1 1 ; Juv. vii. 126 ; Plin. //. .V. xxxiv. 
10.) h. Such statues as were intended to show 
the individual in an cxalfed, heroic or deified 
character. Among those were reckoned the so- 
called Achillean statues, which were first made in 
the time of Augustus ; they were naked, and bore 
a ha*ta in one hand (Plin. //. N. xxxiv. 10) : and 
secondly, statues in a sitting position, with the 
upper part of the body naked, and a pallium co- 
vering the loins. These statues were intended to 
represent an emperor as Jupiter, but sometimes 
aUo as an Apollo. ( Mii Her, Arch. § 199.) This 
method of representing an emperor as a god was 
at first practised with much good taste. The 
statues of the ladies of the imperial families are 
likewise either simple and faithful portraits, or they 
are idealized as goddesses: specimens of each kind 
are still extant. The custom adopted in the Mace- 
donian time, of combining allegorical representa- 
tions of towns nnd provinces with the monuments 
erected in honour of the sovereigns, was sometimes 
followed by the Romans also, and some of them 
were made by very distinguished artists. (Strab. 
iv. p. 192; Midler, I.e.) In the reign of Trajan 
were executed the column of Trajan, with sculp- 
tures representing the victories of this emperor 
over the Dacians, and other similar works. We 
also possess a beautiful colossal statue of Nerva 
in the Vatican, and in the Louvre there is a beau- 



tiful statua thoracata of Trajan, and several fine 
busts of the same emperor. 

Down to the reign of Hadrian statuary had be- 
come more and more confined to the representation 
of subjects of a common nature, so that at length 
we scarcely find anything else but the records of 
victories in the reliefs on the public monuments, 
and the various kinds of statues of the emperors 
and the members of their families. But in the 
reign of Hadrian the arts seemed to begin a new 
aera. He himself was undoubtedly a real lover 
and connoisseur of art, and he encouraged it not 
only at Rome, but in Greece and Asia Minor. 
The great Villa of Hadrian below Tivoli, the ruins 
of which cover an extent of ten Roman miles in 
circumference, was richer in works of art than any 
other place in Italy. Here more works of art have 
been dug out of the ground than anywhere else 
within the same compass. , Hadrian was fond of 
the ancient forms in art as well as in language, and 
many works in the archaic style still extant may 
have been executed at this time. Some statues 
made at this time combine Egyptian stiffness with 
Grecian elegance ; and, especially, the representa- 
tions of Egyptian deities, such as that of Isis, are 
half Greek and half Egyptian. Dut, by the side of 
this strange school, there existed another, in which 
the pure Greek style was cultivated, and which has 
produced works worthy of the highest admiration. 
Foremost among these stand the statues and busts 
of Antinous, for whom the emperor entertained a 
passionate partiality, and who was represented in 
innumerable works of art. The colossal bust of 
Antinous in the Louvre is reckoned one of the 
finest works of ancient art, and is placed by some 
critics on an equality with the best works that 
Greece has produced. The two centaurs of black 
marble on the Capitol probably belong to the reign 
of Hadrian: one of them is executed in an old 
and noble style, and is managed by a little Eros 
riding on his back ; the other looks more like an 
intoxicated Satyr. There are also some very 
good works in red marble which are referred to 
this period, as that material is not known to have 
been used before the age of Hadrian. 

As the arts had received such encouragement 
and brought forth such fruits in the reign of Ha- 
drian, the effects remained visible for some time 
during the reigns of the Antonines. Antoninus 
Pius buijt the great villa at Lanuvium, of which 
ruins arc still extant, and where many excellent 
works of art have been discovered. Hut sophistry 
nnd pedantic learning now began to regard the arts 
with the same contempt as the ignorance of the 
Romans had formerly done. The frieze of a tem- 
ple, which the senate caused to be erected to 
Antoninus Pius and Faustina, is adorned with 
griffins and vessels of very exquisite workmanship ; 
but the busts and statues of the emperors show in 
many parts an affected elegance, while the features 
of the countenance are tasteless and trivial copies 
of nature. The best among the extant works of 
this time are the equestrian statue of M. A urelius 
of gilt bronze, which stands on the Capitol, and 
the column of M. Aurelius with relief* represent- 
ing scenes of his wnr against the Marcomanni. 
The busts which we possess of M. Aurelius, Faus- 
tina, and Lucius Verus, arc executed with very 
great care, especially as regards the hair. The 
number of extant busts of the Antonines amounts 
tu above one hundred ; and the rate at which busts 



1070 STATU ARIA ARS. 



STATUARIA ARS. 



of emperors were sometimes multiplied may be 
inferred from the fact, that the senate sometimes 
ordained that the bust of an emperor should be in 
the house of every citizen. 

After the time of the Antonines the symptoms 
of decline in the arts became more and more visible. 
The most numerous works continued to be busts 
and statues of the emperors, but the best among 
them are not free from affectation and mannerism. 
The hair, especially in the representations of female 
figures, becomes gradually utterly tasteless, and 
instead of the natural hair the artists made it a 
point to show that it was a large peruque, which 
in some cases might be put on and taken off at 
pleasure. [Galerus.] In the time of Caracalla 
many statues were made, especially of Alexander 
the Great. Alexander Severus was a great ad- 
mirer of statues, not from a genuine love of art, 
but because he delighted in the representations of 
great and good men. (Lamprid. Al. Sev. 25.) The 
reliefs on the triumphal arch of Septimius Seve- 
rus, representing his victories over the Parthians, 
Arabs, and Adiabenians, have scarcely any artistic 
merits. During this time of decay the custom 
arose of adorning sarcophagi with figures in high 
relief, representing scenes from the legends of De- 
meter and Dionysus, and from the heroic ages of 
Greece, sometimes also the fable of Eros and 
Psyche : all these contained allusions to the im- 
mortality of the soul. Art, however, now declined 
with great rapidity : busts and statues were more 
seldom made than before, and are awkward and 
poor; the hair is frequently indicated by nothing 
else but holes bored in the stone. The reliefs on 
the sarcophagi gradually become monotonous, life- 
less, and evidently executed without spirit. The 
reliefs on the arch of Constantine, which are not 
taken from that of Trajan, are perfectly rude and 
worthless, and those on the column of Theodosius 
were not better. Art in the proper sense of the 
word ceased to exist; statues of victors in the 
public games continued to be erected down to the 
fourth, and statues of the emperors (at Constanti- 
nople) down to the eighth century ; but at Rome, 
as at Constantinople, those who were honoured in 
this way were more concerned about their rank 
and dress being properly represented in their sta- 
tues, than about the real artistic merit of the work. 
Statuary became mere manual labour, and required 
nothing but mechanical skill. At Constantinople, 
however, where statues had been collected from 
Rome, Greece, and Asia Minor, the events of 
history allowed the plastic arts to die away more 
gradually than in Italy. 

Before concluding, it remains to saj r a few words 
on the destruction of ancient works of art. During 
the latter part of the reign of Constantine many 
statues of the gods were destroyed and melted 
down, and not long after his time a systematic de- 
struction began, which under Theodosius spread 
to all parts of the empire. The spirit of destruc- 
tion, however, was not directed against works of 
art in general and as such, but only against the 
pagan idols. The opinion, therefore, which is en- 
tertained by some, that the losses we have sustain- 
ed in works of ancient art, are mainly attributable 
to the introduction of Christianity, is too sweeping 
and general. Of the same character is another 
opinion, according to which the final decay of an- 
cient art was a consequence of the spiritual nature 
of the new religion. The coincidence of the general 



introduction of Christianity with the decay of the 
arts is merely accidental. That the early Christians 
did not despise the arts as such, is clear from se- 
veral facts. We know that they erected statues to 
their martyrs, of which we have a specimen in that 
of St. Hippolitus in the Vatican library ; and it is 
expressly stated that Christians devoted themselves 
to the exercise of the arts. (Tiawmms, Annul, ad A. 
303.) The numerous works, lastly, which have 
been found in the Christian catacombs at Rome, 
might alone be a sufficient proof that the early 
Christians were not hostile towards the representa- 
tion of the heroes of their religion in works of art. 
The hostility, such as it appears in the writings of 
Tatian and Augustine, cannot therefore have been 
general ; and, in fact, Christianity during the mid- 
dle ages became as much the mother of the arts of 
modern times, as the religion of Greece was the 
mother of ancient art. Another very general and 
yet incorrect notion is, that the northern barbarians 
after the conquest of Rome intentionally destroyed 
works of art. This opinion is not supported by 
any of the contemporary historians, nor is it at all 
probable. The barbarians were only anxious to 
carry with them the most precious treasures in 
order to enrich themselves ; a statue must have 
been an object of indifference to them. What 
perished, perished naturally by the circumstances 
and calamities of the times : in times of need 
bronze statues were melted down and the material 
used for other purposes ; marble statues were fre- 
quently broken to pieces and used for building 
materials. If we consider the history of Rome 
during the first centuries after the conquest of Italy 
by the Germans, we have every reason to wonder 
that so many specimens of ancient art have come 
down to our times. 

The greatest destruction, at one time, of ancient 
works of art is supposed to have occurred at the 
taking of Constantinople, in the beginning of the 
thirteenth century. The collection of statues had 
been made with great care, and their number had 
accumulated to an amount which seems quite sur- 
prising when it is considered how long a time had 
elapsed since art had been encouraged or protected. 
At the period alluded to we are told that some of 
the finest works of the ancient masters were pur- 
posely destroyed ; either in mere wantonness, or 
with the view of turning the material into money, 
or for sale to the metal founders for the value 
of the bronze. Among the few works saved from 
this devastation are the celebrated bronze horses 
which now decorate the exterior of St. Mark's 
church at Venice. They have been ascribed, but 
without sufficient authority, to Lysippus. 

The finest collection of ancient bronzes is in the 
Museo Borbonico at Naples. They have been 
found chiefly in the ruins of Herculaneum and 
Pompeii, and among them are some examples of 
great skill and beauty. A few of the heads offer 
peculiarities in the treatment of the hair, the small 
corkscrew curls, and the ends of the beards being 
formed of separate pieces of metal fastened on. 
Several of the statues have the eyes of paste, and 
of stones, or sometimes of a different metal from 
the material of the rest of the work. Silver was 
often united with bronze. Cicero (Verr. iv. 43) 
mentions a statue of Apollo aeneus, cujus in femore 
litterulis minutis argenteis nomen Myronis erai in- 
scriplum. In a bronze statue, of a youth, in the 
collection at Paris, are the remains of a Greek 



STILUS. 

inscription in silver letters. They are inserted 
into the left foot. The Museo Borbonico possesses 
some examples of inlaid silver work. There are 
also instances of it in the collection of bronzes in 
the British Museum. Many of the examples of 
bronze works that have reached us exhibit signs 
of having been gilt, and the writers of antiquity 
refer occasionally to the practice. It does not 
seem to have been employed till taste had much 
deteriorated ; probably when the value and rich- 
ness of the material were more highly estimated 
than the excellence of the workmanship. Nero 
commanded a statue of Alexander, the work of 
Lysippus, to be gilt ; but Pliny (H. X. xxxiv. 19. 
§ C) tells us it was found to injure the beauty 
and effect of the work, and the cold was removed. 
( Winckelmann, Gesch. der Kunst ; Meyer, Gesch. 
tier bUdenden K'unste lei den Grieclien ; F. Thiersch, 
Uel/er die Epoclten der bUdenden Kunst unler den 
Grieclien; K. 0. M'uller, Handbuch der Arcliaeo- 
loi/ie der Kunst, 2nd ed. 1835, 3d ed. with notes 
by Welcker, 1848.) [L.S.] 
STELAE {arrihai). [Funis, p. 55G, b.] 
STELLATU'RAE. [Exercitls, p. 505, a.] 
STIIE'NIA (<r8c'i»io), a festival with contests 
celebrated by the Argives in honour of Zeus sur- 
named Sthenius, who had an altar consisting of a 
large rock in the neighbourhood of Hermione. 
(Hesych. s. v. 20fVia: compare Paus. ii. 32. § 7, 
34. §C) Plutarch (de Mus. p. 1140, c.) states 
that the itoAtj or wrestling, which formed a part of 
the contests at this festival, was accompanied by 
the flute ; and he also mentions a tradition ac- 
cording to which the festival had originally been 
held in honour of Danaus, and that it was after- 
wards consecrated to Zeus Sthenius. [L. S.J 
STIBA'DMJM. IMexsa.] 
STILLICI'DIl'M. [Servitutes, p . 1031, b.l 
STILUS or STYLUS is in all probability the 
game word with the Greek oruAos, and conveys 
the general idea of an object tapering like an 
architectural column. It signities, 

1. An iron instrument (Ovid, Met. ix. 521 ; 
Martial, xiv. 21), resembling a pencil in size and 
shape, used for writing upon waxed tablets. (Plant. 
llweh. nr. 4. 03; Plin.//. N. xxxiv. 14.) At one 
end it was sharpened to a point for scratching the 
characters upon the wax (Quintil. i. 1. § 27), while 
the other end being flat and circular served to 
render the surface of the tablets smooth again, and 
so to obliterate what had been written. Thus, 
vertere stilum means to erase, and hence to correct, 
as in the well-known precept saepe stilum vcrtas. 
(Wot. Sat. i. 10. 72; Cic. Verr. ii. 41.) The 
stylus was also termed graphivm (Ovid. Amor. i. 
1 I. 23 ; Suet Jul. 112), and the case in which it 
was kept ffrttpUarium (Martial, xiv. 21 ) or graphi- 
aria iheea. (Suet. Claud. 35.) The annexed cut is 




STIPENDIUM. 107i 

from a picture found in Ilerculaneum. (Mus. 
Borbon. vol vi. tav. 35.) 

2. A sharp stake or spike placed in pitfalls be- 
fore an entrenchment to embarrass the progress of 
an attacking enemy. (Bell. African. 31 ; SO. ItaL 
x. 415.) It was intended to answer the same 
purpose as the contrivances called ci}-pi, lilia, and 
sli/nuli by Caesar (Ii. G. vii. 73). 

3. A bronze needle or rod for picking worms off 
fruit-trees (Pallad. iv. 10. § 20), alio a wooden 
probe employed in gardening operations. (Colu- 
melL xi. 3. § 53.) 

It bears also the meaning of the stem of a tree 
or vegetable (Columell. v. 10. § 21, xi. 3. § 46), 
which is perhaps the primary signification of 
o-tvKos. [W.R.] 

STIPEXD1 A'RII. The Stipendiariae urbes of 
the Roman provinces were so denominated, as being 
subject to the payment of a fixed money tribute, 
'* stipendium," in contradistinction to the vecti- 
gales, who paid a certain portion, as a tenth or 
twentieth of the produce of their lands, their 
cattle, or customs. The word " stipendium " was 
used to signify the tribute paid, as it was origin- 
ally imposed for and afterwards appropriated to the 
purpose of furnishing the Roman soldiers with pay 
(stipendium, Li v. iv. CO; Tacit. Hist.iv. 74). The 
condition of the urbes stipendiariae is generally 
thought to have been more honourable than that of 
the vectigales, but the distinction between the two 
terms was not always observed. (Liv. xxxvii. 35.) 
The word stipendiarius is also applied to a person 
who receives a fixed salary or pay, as a " stipen- 
diarius miles " (Hirtius,</c liell.Afric. 43), a phrase 
which is sometimes used to denote a veteran who 
has received pay for many years, or served in many 
campaigns. (Veget de Re Milit. i. 18.) Some 
MSS. have stipendiosus in the passage last quoted, 
which is perhaps a better reading. (Gottling, Gesch. 
der Horn. Staatsrerf. p. 4 1 8.) [R. W.] 

SIT PE'NDI UM, a pension or pay, from stipcm 
and pendo, because before silver was coined at 
Rome the copper money in use was paid by weight 
and not by tale. (Varro, L. L. v. 182, ed. MUller ; 
Plin. //. A', xxx. 3.) According to Livy the prac- 
tice of giving pay to the Roman soldiers (ut sti/icu- 
dium miles de publico accipcret) was not introduced 
till B. c. 405, on the occasion of the taking of 
Tarracina or Anxur. He represents the change as 
the spontaneous and unsolicited act of the senate, 
but from another passage (iv. 30) we learn that in 
the year 421 I), c. the tribunes had proposed that 
the occupiers of the public land should pay their 
vectu/al regularly, and that it should be devoted to 
the payment of the troops. The concession was 
probably accelerated by the prospect of the last 
war with Veii, and made with a view of conciliating 
the plebs, who without seme such favour would in 
their then humour huve refused to vote for the war. 
I. ivy also represents the funds for the payment to 
have been raised by a tributuin or general tax, but 
as Arnold observes (/list, of Home, vol. i. p. 309 ; 
compare Xirbubr, vol. ii. p. 110), "The vcctigal, or 
tithe, due from the occupiers of the public land, 
was to provide pay for the noldierg ; and if this 
were not sufficient, it was to be made good by n 
tax or tribute le\ied upon the w hole people. This 
tithe, however, was probai. . paid very irregularly, 
and hence the pay of the soldiers would in point 
of fact lie provided chiefly out of the tributuin." 
A few years after this concession (a c. 403), and 



1072 ST1PENDIUM. 



STIPENDICJM. 



during the hostilities against Veii, a certain amount 
of pay was assigned (certus numerus aeris est as- 
signatus, Liv. v. 7) to the knight also. [Equites, 
p. 472, a.] Livy, however, seems to be here speak- 
ing of the citizens who possessed an equestrian for- 
tune, but had no horse (er/uas publicus) assigned to 
them by the state. For it had always been cus- 
tomary for the knights of the 18 centuries to re- 
ceive pay out of the common treasury, in the shape 
of an allowance for the purchase of a horse, and a 
yearly pension of 2000 asses for its keep. [Aes 
Equestre; AesHordearium.] HenceNiebuhr 
(vol. i. p. 474, and vol. ii. p. 441) doubts the accu- 
racy of the account which is given by Livy (iv. 
59), and observes that " the Veientine war cannot 
have been the occasion on which the practice of 
giving pay to the troops was first established : the 
aerarii must undoubtedly have always continued 
to pay pensions (capita) to the infantry, in the 
same way as single women and minors did to the 
knights : and the change consisted in this, that 
every legionary now became entitled to pay, 
whereas the number of pensioners had previously 
been limited by that of the persons liable to be 
charged with them ; and hence the deficiency was 
supplied out of the aerarium, from the produce of 
the vectigal, and when this failed, by a tribute 
levied even from those plebeians who were them- 
selves bound to serve." Consecpiently the tribunes 
murmured that the tribute was only imposed for 
the sake of ruining the plebs. (Liv. iv. 60.) 
In support of his opinion Niebuhr (1. c.) advances 
arguments which at least make it very probable 
that the " paternal legislation " of Servius Tullius 
provided for the pay of the infantry in the manner 
mentioned ; but even admitting this, the practice 
might have been discontinued so as to justify the 
statement made on this subject by Livy. We 
have not space to repeat or discuss those argu- 
ments here, and therefore simply refer to vol. i. 
p. 374, and vol. ii. p. 441, of his History. Accord- 
ing to Polybius (vi. 37) the daily pay of a legionary 
amounted, in his time, to two oboli, which, as he 
makes a drachma equivalent to a denarius, and a 
denarius in paying the soldiers was then estimated 
at ten asses (Plin. I. c), and not at sixteen, as was 
usual in other money transactions, gives 3^- asses a 
day, or 1 00 a month. Now the yearly pension of 
the knights (1000 asses), observes Niebuhr, gives, 
if we take the old year of 10 months, 200 asses a 
month: just double the pay of the foot soldiers. 
In later times the knights received triple pay (tri- 
plex stipendium merebant). This allowance was 
first established by the military tribune Cn. Corne- 
lius Cossus (400 B. C.), and according to Niebuhr 
was then designed as a compensation to those 
who served with their own horses ; it did not 
become the general custom till some time after- 
wards. Polybius (vi. 37) thus speaks of the sti- 
pendium of his day, which he calls btytiviov, as 
St. Luke (iii. 14) also does. " The foot soldier 
receives as pay two oboli a day : the centurion 
twice as much : the horseman a drachma or dena- 
rius. The foot soldiers also receive in corn every 
month an allowance (demensuni) of of an Attic 
medimnus or about 2 bushels of wheat : the horse- 
men 7 medimni of barley and 2 of wheat. The 
infantry of the allies receive the same allowance 
((TiTofierpovvTcu) as the Roman : the horsemen 
medimni of wheat and 5 of barley. But there is 
this difference, that the allied forces receive their 



allowances as a gratuity ; the Roman soldiers, on 
the contrary, have deducted from their pay the 
money value of whatever they receive, in corn, 
armour or clothes." There was indeed a law passed 
by C. Gracchus (Plut. C. Graccli. 5) which provided 
that besides their pay the soldiers should receive 
from the treasury an allowance for clothes ; but 
from Tacitus (Ann. i. 17) this law seems either to 
have been repealed or to have fallen into disuse . 
The two oboli of Polybius, which we make equal 
to 3J asses, are reckoned by Plautus in round num- 
bers at 3 asses. Thus he says (Most. ii. 1. 10), 
" Isti qui trium nummorum causa subeunt sub 
falas." This amount was doubled for the legion- 
aries by Julius Caesar (Sueton. Jul. Caes. 26) be- 
fore the civil war. He also gave them corn when- 
ever he had the means, without any restrictions 
(sine modo mensuraque). Under Augustus (Suet. 
Aug. 49 ; Tacit. I. c.) it appears to have been 
raised to 10 asses a day (three times the original 
sum), or 300 a month, or 1200 in four months. 
Now as the original amount of their pay had been 
tripled, the soldiers could not complain if the de- 
narius were reckoned at 16 asses in payments 
made to themselves, as well as other persons ; and 
taking this value, the 1200 asses amount to ex- 
actly 3 aurei, or 3 x 400 asses. This sum then 
was considered as an unit, and called stipendium, 
being paid three times a year. Hence Suetonius 
says of Domitian (Dom. 7) : " Addidit et quartum 
stipendium, ternos aureos : " a fact which Zonaras 
(Ann. ii. p. 196) otherwise expresses by stating, 
that instead of 75 drachmae (i. e. denarii) Domi- 
tian gave the soldiers 100, i. e. he made an addi- 
tion of 25 denarii or 1 aureus to their pay. The 
expression of Suetonius supposes that 3 aurei were 
paid every quarter instead of every four months, 
after the addition made by Domitian ; that of 
Zonaras implies, that 4 aurei instead of 3 were 
paid, as before, every three months, the annual 
amount being the same either way, and the quar- 
terly or four months' instalment of 3 or 4 aurei 
being called a stipendium. Niebuhr's (vol. ii. p. 
443) statement on this subject is only partially 
correct or else obscure : at any rate, if the soldiers 
received 10 asses a day they must have received 
more than 1200 a year. 

The Praetorian cohorts received twice as much 
as the legionaries. (Tacit. I. c.) The pay of the 
tribunes is .not known ; but it was considered very 
great (Juven. iii. 132), and probably was not less 
than 48 aurei per annum, after the time of Domi- 
tian. We must not omit to mention that if his 
pay were withheld the Roman soldier was allowed 
by an old unwritten custom to distrain the goods 
( per pignoris capionem) of the officer whose duty 
it was to supply it. The eques was allowed the 
same privilege against the persons who were bound 
to furnish him with the aes equestre, for the pur- 
chase of his horse, and the aes hordearium for its 
keep. (Gaius, lib. iv. § 26—28.) 

From an expression which Livy (v. 4) puts 
into the mouth of a patrician orator, it might be 
supposed that the soldiers always received a full 
year's pay, independent of the length of their ser- 
vice. This, however, seems so unreasonable, that 
we cannot but agree with Niebuhr in supposing 
that the historian was misled by the custom of his 
own time, when a full year had long been the sti- 
pulated term of a soldier's pay as well as of his 
service. [R. W.] 



STRATEGUS. 



STRATEGUS. 



1073 



STIPULATIO, STIPULATOR. [Obliga- 
tiones, pp. 817, b, 818, a.] 

STIVA. [Aratrum.] 

STOA. [Porticus.] 

STOICHEION. [Horologidm.] 

STOLA, was a female dress worn over the 
tunic ; it came as low as the ankles or feet {ad talos 
slo/a demissa, Hor. Sat. i. 2. 99), and was fastened 
round the body by a girdle, leaving above the 
breast broad folds (rugosiorem stola fronlem. Mart, 
iii. 93. 4). The tunic did not reach much below 
the knee, but the essential distinction between the 
tunic and stola seems to have been, that the latter 
always had an Ixstita or flounce sewed to the 
bottom and reaching to the instep. (Hor. Sat. i. 2. 
29 ; Ovid. Ar. Amat. i. 32.) Over the Stola the 
Palla or Pallium was worn [Pallium], as we see 
in the cut annexed. {Mus. Iiorbun. iii. tav. 37.) 




The stola seems to have been usually fastened 
over the shoulder by a Fibula or clasp, and gene- 
rally had sleeves, but not always. 

The Stola was the characteristic dress of the 
Roman matrons as the toga was of the Roman 
men. (Cic. Phil. ii. 18.) Hence the meretriccs 
were not allowed to wear it, but only a dark- 
coloured toga (TibulL iv. 10. 3 ; Mart. i. 36. 8) ; 
and accordingly Horace {Sat. i. 2. 63) speaks of 
the mutrnna in contradistinction to the togata.. For 
the same reason women, who had been divorced 
from their husbands on account of adultery, were 
not allowed to wear the Stola, but only the toga 
(Schol. ud {for. I. c.) : to which Martial alludes 
(ii. 39, vi. 64. 4). Sec Becker, Callus, vol. i. p. 
321, &c. 

STRA'GULUM. [Tapes.] 

STRATK'GIj'S (o-rpoTTryos). The office and 
title of Strategus, or General, seem to have been 
more especially peculiar to the democratic states of 
ancient Greece : wc read of them, for instance, at 
Athens, Tarentum, Syracuse, Argos, and Thurii ; 
and when the tyrants of the Ionian cities in Asia 
Minor were deposed by Aristagonis, he established 
BtlBtegi in their room, to act as chief magistrates. 
(Herod, v. 38.) 

The Strategi at Athens were instituted after the 
remodelling of the constitution by (Jieisthenes, t.> 
discharge the duties which had in former times 
been performed either by the king or the Archon 
I'nlemarchu*. They were ten in number, one for 
each of the ten tribes, and chosen by the sulfrages 
(X"P<rrovia) of the people. (Pollux, viii. 87.) 
Before entering on their duties, they were required 



to submit to a ZoKifiaoia, or examination of their 
character (Lysias, c. Alcib. 144); and no one was 
eligible tt the office unless he had legitimate chil- 
dren, and was possessed of landed property in At- 
tica. (Dinarch. c. Demosth. 99.) They were, as 
their name denotes, entrusted with the command 
on military expeditions, with the superintendence 
of all warlike preparations, and with the regulation 
of all matters in any way connected with the war 
department of the state. They levied and enlisted 
the soldiers (/coTt'A.e|ov), either personally or with 
the assistance of the Taxiarchs. (Lysias, c. Ak-ib. 
140, j/ro Milit. 114.) They were entrusted with 
the collection and management of the f'urtpopai, or 
property taxes raised for the purposes of war ; and 
also presided over, or officiated as Ei<rayuy(7s in 
the courts of justice in which any disputes con- 
nected with this subject or the trierarchy were de- 
cided. (Wolf, ad Lept. p. 94 ; Dem. c. Lacr. 94(1. 
16.) They also nominated from year to year pcr- 
s< ns to serve as trierarchs (Dem. c. Doeot. i. 997; 
Xenoph. de Hep. At/ien. 3), and took cognizance 
of the cases of Antidosis arising out of the tric- 
n rehy and property taxes (^oi'ouvtos avriSoveis, 
r.p/taenip. 1040.) They also presided at courts- 
nartial and at the trials in cases of accusation for 
non-performance of military and naval duties. 
I Astk ateias and Analmachiou Graphae.] 
They likewise had the power of convening extra- 
ordinary assemblies of the people in cases of emer- 
gency [Ecclesia, pp. 440, b, 441, a], and from 
the instance of Pericles it would always seem that 
in critical times they had the power of preventing 
an assembly being holden. (Thucyd. ii. 22.) But 
their most important trust was the command in 
war, and it depended upon circumstances to how 
many of the number it was given. At Marathon 
all the ten were present, and the chief command 
came to each of them in tum. The Archon Pole- 
marchus also was there associated with them, and 
according to the ancient custom, his vote in a 
council of war was equal to that of any of the 
generals. (Herod, vi. 109.) In the expedition 
against Samos, also, all the ten generals were en- 
gaged (Thucyd. i. 116), the poet Sophocles being 
one of the number (MUller, Literature of Ancient 
Greece, p. 338) ; but it was obvious that in most 
cases it would be neither convenient nor useful to 
send out the whole number on the same under- 
taking, and during the course of a protracted war 
it would be necessary for some of them to be left 
at home, in charge of the war department there. 
Accordingly, in the best times of Athens, three 
only were for the most part sent out ; one of these 
(Tpi'ros ainds) was considered as the commander- 
in-chief, but his colleagues had an equal voice in 
a council of war. Sometimes a strategus, as 
Pericles, \va< vented wiih cxtraorSrliarv powers 
(Thucyd. ii. 65) : in like manner, the three ge- 
nerals engaged in the Sicilian expedition, Nicias, 
Alcibiade.i, and L'unarclius, were made aOroKpd- 
ropcf, or supreme and independent in all matters 
connected with iL (Thucyd. vi. 8, 26.) So also 
was Aristides in his command at Plntacae. But 
even in ordinary cases the Athenian generals were 
not fettered in the conduct of a campaign by any 
council of war, »r other controlling authority, as 
the Spartan kings sometimes were ; still they were 
responsible for it, and in the time of Demosthenes 
[Pmiip. i. .">.'<) ex|K>sed on the termination of their 
command to capital indictment at the caprice of 
3 z 



1074 



STRATEGUS. 



STRATORES. 



the people, or from the malevolence of personal 
enmity, (c. Mid. 535, c. Aristocr. 676.) Even 
Pericles himself (Thucyd. ii. 65) was fined by the 
people for imputed mismanagement, but really be- 
cause the Athenians were disappointed in their 
expectations. 

In the times of Chabrias and Phocion, however, 
the greater part of the generals regularly remained 
at home to conduct the processions, &c, as the 
citizens did to enjoy them, leaving their wars to 
be conducted by mercenaries and their leaders. 
(Demosth. Phil. i. 47. 12.) Some of them too were 
not commanders of all the troops, but only of the 
horse and foot of separate armies {ht paT-qybs d eVl 
twv oirXwy or bir\no)v, and 6 67ri twv itrxewv) : 
and one of them, the general of the administration 
(6 6tt} T7)y 5ioiK7)(T€a!r), performed part of the judi- 
cial labours of the strategi, and other civil services, 
such as that of giving out the pay of the troops. 
(Bdckh, Publ. Earn, of Athens, p. 181, 2d ed. ; 
D em. pro Coron. 265. 11.) We must also re- 
member that the Athenian navy as well as the 
army was commanded by the Strategi, whence the 
" praetoria navis " or flag-ship is called arpaT-qyis 
vavs. (Hermann, Lehrbuck der griech. Staatsalt. 
§ 152.) 

The strategi at Athens were perhaps the most 
important officers of the republic, especially during 
war ; and amongst them are numbered some of her 
most distinguished citizens, Miltiades, Themistocles, 
Pericles, Phocion, &c. But the generate of the 
early times differed in many respects from the con- 
temporaries of Demosthenes. Formerly the general 
and the statesman were united in one person ; the 
leader in the field was the leader in the assembly, 
and thus acquired a double influence, accompanied 
with a double responsibility. But in later times, 
the general and the professed orator or statesman 
were generally perfectly distinct (Isocr. de Pace, 
173), and the latter, as ought always to be the case 
in free states, had by far the greater influence. 
The last of the Athenian generals who was con- 
sidered to unite the two characters, was Phocion, 
who was general no less than forty-five times. 
(Plut P/ioc. 5.) Accordingly the various parties 
into which the state was then divided had each 
their orator and general, the former acting as a 
recognized leader (Demosth. Olyn. ii. 26) ; and a 
general, when absent on foreign expeditions, was 
liable to be maligned or misrepresented to the 
people by an unfriendly and influential demagogue. 
(Demosth. de Cherson. 97. 12.) Hence we cannot 
wonder that the generals of the age of Demosthenes 
were neither so patriotic nor so distinguished as 
those of former times, more especially when we 
call to mind, that they were often the commanders 
of mercenary troops, and not of citizens, whose 
presence might have checked or animated them. 
Moreover, they suffered in moral character by the 
contamination of the mercenary leaders with whom 
they were associated. The necessity they Were 
under of providing their hired soldiers with pay, 
habituated them to the practice of levying exac- 
tions from the allies ; the sums thus levied were 
not strictly accounted for, and what should have 
been applied to the service of the state was fre- 
quently spent by men like Chares upon their own 
pleasures, or in the purchase of a powerful orator. 
(Thirlwall, Hist, of Greece, vol. v. p. 214.) An- 
other effect of the separation of the two characters, 
was that the responsibility of the general and of 



the orator or minister was lessened, and it was in 
most cases easy for a general to purchase an appa- 
rently disinterested advocacy of his conduct. There 
was this further abuse connected with the system, 
that according to Isocrates {de Pace, 168), military 
command was so much coveted, that the election 
of generals was often determined by the most pro- 
fligate bribery. 

The most eminent generals of the time of De- 
mosthenes were Timotheus, Chabrias, Iphicrates, 
and Diopithes : Chares and Lysicles were inferior 
to them both in loyalty and skill, but the former 
and the mercenary Charidemus were frequently 
employed. Towards the decline of the Roman 
empire the chief magistrate at Athens was called 
~S,Tpari)y6s, or the Duke : Constantine bestowed 
on him the title of Miyas ~S,Ta-nny6s or the Grand 
Duke. (Julian. Orat. i.) The military chiefs of 
the Aetolian and Achaean leagues were also called 
Strategi. The Achaean Strategi had the power 
of convening a general assembly of the league on 
extraordinary occasions. [Achaicum Foedtjs, 
P- 5, b.] [R. W.] 

STRATO'RES. 1. Imperial Equerries subject 
to the Tribunus Stabuli. Their proper duty, as 
the name imports, was to saddle the horses ; they 
also led them from the stable and assisted the 
emperor to mount Hence they were termed in 
Greek avaSoXziS. From the addition of miles to 
their title it appears that they were considered as 
part of the military establishment. (Spartian. 
Caracall. 7; Amm. Marc. xxx. 5 ; see Ducange, 
s. v.) Consuls and praetors had their stratores 
as we learn from inscriptions (Orell. Inscr. n. 798, 
3250, 3523), and perhaps aediles also. (Orell. 
n. 1584.) 

2. Officers sent into the provinces to select 
horses for the stud of the prince or for the general 
service of the state. (Amm. Marc. xxix. 3 ; Cod. 
Theod. 8. tit. 8. s. 4 ; Cod. 12. tit. 25 ; Salmas. 
ad Capitolin. M. Antonin. 8, ad Trebell. Poll. Va- 
lerian. 3.) These in all probability belonged to 
the same body with those mentioned above ; the 
title stratores a publicis rationibus, by which they 
are usually distinguished in works upon Roman 
antiquities, rests upon no authority except the 
letters STR. A.P.R. in an inscription (Gruter, p. 
dlxix. n. 8), the interpretation of which is very 
doubtful. 

3. Jailors under the orders of the Commenta- 
riensis or Chief Inspector of Prisons. (Cod. Theod. 
9. tit. 3. s. 1.) To these Ulpian refers (Dig. 1. 
tit. 16. s. 4), "nemo proconsulum stratores suos 
habere potest, sed vice eorum milites ministerio 
in provinciis funguntur," although the passage is 
quoted in most dictionaries as bearing upon the 
stratores of the stable. (Compare the Notitia Dig- 
nitatum Imperii Orientis, c. 13 and c. 101 in Grae- 
vii T//es. Rom. Antiq. vol. vii. p. 1375 and p. 1606.) 

4. In the later Latin writers and especially in 
the monkish historians of the middle ages, stratores 
denote a chosen body of soldiers sent in advance of 
an army to explore the country, to determine the 
proper line of march, to select the spots best fitted 
for encamping, and to make all the arrangements 
necessary for the safety and comfort of the troops 
when they halted, their duties being in some re- 
spects analogous to those of the classical metatorcs, 
and in others to those of a modern corps-de-guides. 
(Symmach. Epist. ad Tlicod. et Vahnt. 1 ; Du- 
cange, s. v.) 



SUBLIGACULUM. 

5. We find in an inscription the words Dio- 
medes Ap. Strator, which is generally under- 
stood to commemorate the labours of some individual 
in paving the Appian Way, and mention is made 
of stratores of this description in another inscrip- 
tion found at Mayence. (Orell. n. 1450 ; compare 
Fuchs, Gescltichle von Mainz.) [ W. R.] 

STRENA, a present given on a festive day and 
for the sake of good omen (Festus, s. v.), whence a 
good omen is called by Plautus oona strena. (Mich. 
v. 2. 24.) it was however chiefly applied to a new 
year's gift, to a present made on the Calends of 
January. In accordance with a Senatusconsultum 
new year's gifts had to be presented to Augustus 
in the Capitol, even when he was absent. (Suet. 
Aug. 57 ; comp. Dion Cass. liv. 35.) The person 
who received such presents was accustomed to 
make others in return (strenarum commercium) ; 
but Tiberius, who did not like the custom on ac- 
count of the trouble it gave him and also of the ex- 
pense in making presents in return, frequently left 
Rome at the beginning of January, that he might 
be out of the way (Dion Cass. lvii. 8), and also 
strictly forbade any such presents to be offered 
him after the first of January, as he used to be 
annoyed by them during the whole of the month. 
(Suet. TUi. 34 ; Dion Cass. lvii. 1 7.) The custom, 
so far as the emperor was concerned, thus seems to 
have fallen almost entirely into disuse during the 
reign of Tiberius. It was revived again by Caligula 
(Suet. Cat. 42 ; Dion Cass. lix. 24), but abolished 
by Claudius (Dion Cass. lx. 6) ; it must, however, 
have been restored afterwards, as we find it men- 
tioned as late as the reigns of Theodosius and 
Arcadius. (Auson. Ep. xviii. 4 ; Symuiach. Ep. 
i. 28.) 

STRIAE. [Colimna.] 

STRIGA. [Castra, p. 254.] 

STRIGII,. [Balneae, pp. 185,a, 192,8.] 

STRO'l'JIIUM (toicio, Tatvioiov, air65t<rnot) 
was a girdle or belt worn by women round the 
breast and over the inner tunic or chemise. (Non. 
xiv. 8 ; tercti strophio luctantes vincta papillus, 
Catull. Ixiv. 65.) It appears from an epigram of 
Martial (xiv. 66) to have been usually made of 
leather. (Becker, Callus, vol. i. p. 321.) 

STRUCTOR. [Coena, p.307,b.] 

STULTO'RUM FK'RIAE. [Fornacalia.] 

STUPRUM. [Adl'i.tkhium ; Concubi.na ; 
Incestum.] 

STYLUS. [Stilus.] 

SUBCKNTU'RIO. | ExsRclTCJS, p. 500, a.] 

SUBITA'RII. [Tumultus.] 

BUBLIGA'CULUM or S UCCI NCTO'RI UM 
(Sidfaua, tftpifaim), drawers. (Joseph. Ant. iii. 7. 
SI.) This article of dress, or a bandage wound 
about the loins so as to answer the same purpose, 
was wom by athletes at the public games of Greece 
in the earliest ages [Athi.etak) : but the use of 
it was soon discontinued, and they went entirely 
naked. (Schol. in Horn. IL xxiii. 683 ; Isid. Orig. 
xviii. 17.) The Romans, on the contrary, and all 
othi-r nations except the Greek*, always adhered 
to the use of it in their gymnastic exercises. 
(Thucyd. i. 6 ; Schol. in Inc. ; Clem. Alex. Paedag. 
iii. 9 ; Isid. Oriij. xix. 22.) It was also worn by 
actors on the stage (Cic. tlrOJf. i. 35), by those 
who were employed in treading gnqies [Tow i;- 
;.ak| ( (im/nm. \i. II), and by the Roman popa 
at the sacrifices, and it then received the de- 
nomination limns (V'irg. Am. in. 120 ; Servius, 



SUCCESSIO. 1075 
in loc), which name was also applied to it as worn 
by Roman slaves. (Gell. xii. 3.) The circumstance 
of the slaves in India wearing this as their only 
covering (Strabo, xv. 1. § 73. p. 156, ed. Sieb.) is 
agreeable to the practice of modern slavery in the 
West Indies and other tropical countries. [J. Y.] 
SUBSCRI'PTIO CENSCRIA. [Censor, 
p. 263, b.] 

SUBSECI'VA. [Agrariae Leges, p. 42,a.] 

SUBSELLIUM. [Thrums.] 

SUBSIGNA'NI. [Exercitus, p. 502, a.] 

SUBSTITU'TIO. [Heres, p. 599, a.] 

SUBTE'MEN. [Tela.] 

SUBU'CULA. [Tunica.] 

SL'CCE'SSIO. This word is used to denote a 
right which remains unchanged as such, but is 
changed with reference to its subject. The change 
is of such a nature that the right when viewed as 
attached to a new person is founded on a preceding 
right, is derived from it and depends upon it. The 
right must accordingly begin to be attached to the 
new person at the moment when it ceases to be at- 
tached to the person who previously had it ; and 
it cannot be a better right than it was to the per- 
son from whom it was derived (Dig. 50. tit. 17. 
s. 175. § 1). Thus in the case of the transfer of 
ownership by tradition, the new ownership begins 
when the old ownership ceases, and it only arises 
in case the former possessor of the thing had the 
ownership, that is, prior ownership is a necessary 
condition of subsequent owner>hip. This kind of 
change in ownership is called Succcssio. It fol- 
lows from the definition of it that Usucapion i3 
not included in it ; for Usucapion is an original 
acquisition. The succcBsio of a heres is included, 
for though there might be a considerable interval 
between the death and the aditio hercditatis, 
yet when the hcreditas was once taken posses- 
sion of, the act of aditio had by a legal fiction re- 
lation to the time of the death. Thus whereas we 
generally view persons who possess rights as the 
permanent substance and the rights as accidents, 
in the case of Succession the right is the permanent 
substance, which persists in a series of persons. 

The notion of Succession applies mainly though 
not exclusively to property. With respect to the 
law that relates to Familia, it applies so far as the 
parts of the Familia partake of the nature of pro- 
perty, such as the power of a master over his slave, 
and the case of 1'atronatus and Mancipii causa. 
Thus the patria potestas and the condition of a 
wife in manu may be objects of succession. It 
applies also to the case of adoption. 

Successio is divided into Singular Succession 
and Universal Succession. These terms conveni- 
ently express the notion, but they are not Roman 
terms. The Roman terms were as follows : in 
univcraum jus, in earn duntaxat rem succedere 
(Dig. 21. tit. 3. ». 3) ; per. universitatem, in rem 
succedere (Gaius, ii. 97 ; Dig. 13. tit. 3. s. 1) ; in 
omne jus mortui, in singulamm rerum dominium 
succedere (Dig. 29. tit. 2. s. 37) ; in unircrsa bona, 
in rei tantum dominium succedere. (Dig. 39. tit. 2. 
s. 24.) 

It is Sinirulnr succession when a sinijle thing as 
an object of ownership is transferred, or several 
thinei together, when they are transferred as in- 
dividual things, and not as having any relation to 
one nnothcr in consequence of this accidental com- 
mon modi - of transfer. The person into whose 
place another comes by Singular succession, U 
3 z 2 



1076 



SUCCESSIO. 



SUFFRAG1UM. 



called Auctor with respect to his successor. In 
order to be Singular succession, the whole right of 
the auctor must he transferred. He to whom an 
estate in fee simple is transferred, takes by Singular 
succession : he to whom a life estate is granted out 
of an estate in fee simple, does not take by Singu- 
lar succession. 

The object of Universal succession is property as 
an ideal whole {universitas) without any reference 
to its component parts. Yet the notion of succes- 
sion applies as well to a fraction of this ideal whole 
as to the unit which this ideal whole is conceived 
to be ; for the whole property being viewed as a 
unit, it may be conceived to be divided into frac- 
tional parts without any reference to the several 
things which are included in the ideal whole. It 
was also consistent with this species of succession 
that many particular things should be incapable of 
being transferred : thus in the case of an hereditas 
the ususfmctus of the deceased did not pass to the 
heres, and in the case of adrogation neither the 
ususfmctus nor the debts of the adrogated person, 
according to the uld law. 

In the case of Obligationes there is no Singular 
succession : there is either the change of the Obli- 
gatio into another by Novatio, or the suing for the 
debt by another (cessio actionis). 

The object of Universal succession is a Univer- 
sitas as such, and it is by means of the words 
Universitas and Universum, that the Romans de- 
note this kind of succession ; but it would be er- 
roneous to infer from this use of the term that 
succession applies to all Universitates. Its proper 
application is to property, and the true character of 
Universal succession is the immediate passing over 
from one person to another of all the credits and 
debts that belong or are attached to the property. 
This happens in the case of an hereditas : heres in 
omne jus mortui, non tantum singularum rerum 
dominium succedit, quum et ea quae in nominibus 
sunt ad heredem transeant (Dig. 29. tit. 2. s. 37) ; 
and in the case of adrogation as to most matters. 
The debts would be transferred by adrogation if 
this were not accompanied with a capitis deminutio. 
Credits and debts could not be transferred by 
Singular succession. The cases of Universal succes- 
sion were limited and the notion could not be ap- 
plied and made effectual at the pleasure of indivi- 
duals. The most important cases of Universal 
succession were the property of a deceased person ; 
as hereditas, bonorum possessio, fideicommissaria 
hereditas, and others of the like kind. The pro- 
perty of a living person might be transferred in 
this way, in the case of adrogatio, conventio in 
manum, and the bonorum emtio. (Gains, ii. 98.) 
In many other cases though the object is to trans- 
fer a whole property, it is in fact effected by the 
transfer of the several things : the , following are 
instances of this kind of transfer, the gift of a 
whole property, or its being made a Dos, or being 
brought into a Societas, or the sale of an hereditas 
by a heres. 

The notion of a Universal succession among the 
Romans appears to have been derived from the 
notion of the hereditas, to which it was necessary 
to attach the credits and debts of the deceased and 
the sacra. Other instances of Universal succession 
such as the Bonorum Possessio grew out of the 
notion of the hereditas ; and it was found con- 
venient to extend it to other cases, such as Adro- 
gation. But, as already observed, the extension 



of the notion was not left to the pleasure of indi- 
viduals, and accordingly this doctrine was, to use 
a Roman phrase, Juris Publici. 

The words Successio, Successor, Succedere by 
themselves have a general meaning and comprise 
both kinds of Succession. Sometimes these words 
by themselves signify universal succession, as ap- 
pears from the context (Gaius, iii. 82), and by 
such expressions as heredes ceterique successores. 
In other cases the kind of succession is denoted by 
appropriate words as per universitatem succedere, 
acquirere, transire, in universum jus succedere, &c. 
in the case of Universal Succession ; and in rem, 
in rei dominium, in singularum rerum dominium 
succedere, &c. in the case of Singular Succession. 

In the phrase "per universitatem succedere " the 
notion of universal succession is not directly ex- 
pressed ; for the phrase has immediate reference to 
the acquisition of a single thing, and it is only by 
means of the word Universitas that we express 
the notion, that the acquisition of the individual 
thing is effected by means of the acquisition of the 
whole. 

(Savigny, System, &c. iii. p. 8 ; Gaius, ii. 97, 
&c. ; Puchta, Inst. ii. § 198.) [G. L.] 

■ SUCCESSOR. [Successio.] 
SUCCINCTO'RIUM. [Subligaculum.] 
SUDA'TIO, SUDATO'RIUM. [Balneae, 
p. 190, b.] 

SUFFI'BULUM. [Vestales.] 
SUFFRA'GIA SEX. [Equites, p. 472, b.] 
SUFFRA'GIUM, a vote. At Athens the voting 
in the popular assemblies and the courts of justice 
was either by show of hands or by ballot, as is 
explained under Cheirotonia and Psephus. It 
is commonly supposed that at Rome the people 
were always polled in the comitia by word of 
mouth, till the passing of the Leges Tabellariae 
about the middle of the second century before 
Christ [Tabellariae Leges], when the ballot 
by means of tabellae was introduced. [Tabella.] 
Wunder {Codex Erfutensis, p. clxvii. &c.) however 
has shown, that the popular assemblies voted by 
ballot, as well as by word of mouth, long before 
the passing of the Leges Tabellariae, but that in- 
stead of using tabellae they employed stones or 
pebbles (the Greek ^(poi), and that each voter 
received two stones, one white and the other 
black, the former to be used in the approval and 
the latter, in the condemnation of a measure. The 
voting by word of mouth seems to have been 
adopted in elections and trials, and the use of 
pebbles to have been confined to the enactment 
and repeal of laws. That the latter mode of voting 
was adopted in early times is proved by many 
passages of Dionysius, and especially by x. 41 : iis 
6 Srj/xos air??Tei ras tyi)<povs, oi vewraroi twv ira- 
TpiKiwv — to. ayyeTa t&v ij/ricpav tons €X 0VTas 
a(pppovvTO ■ and by xi. 52 : eKeA€V<rai> KaSiaicov 
Te07jcci( inrep ttjs •jrd'Aeajs "Pafxaiwv, Ka6' knam-qv 
<pv\-i)u, Gts bv cnroB-qo-ovTai ras \pri(povs. It is also 
confirmed by the common expressions used with 
respect to voting, as siffragium ferre, mittere in 
suff'ragia, inire, or ire in siiffragia, which lead us 
to suppose that the suffragium probably signified 
something which was put by the hand from one 
place into another. For if the Romans had from 
the first been polled only by Word of mouth, it is 
scarcely possible that such an expression as suffra- 
gium ferre would have been used, when they had 
nothing to carry ; but on the contrary, some such 



SUMTUARIAE LEGES, 
word as dicere would have been employed, more 
especially .is it is certain that in the most ancient 
times those who voted by word of mouth did not 
go up one by one to the officer who received the 
votes, but remained in their places, and were asked 
for their votes by the Rogatures, who thence de- 
rived their name. Besides which the word suffra- 
gium can scarcely signify the same as sententiu or 
vox. The etymology is uncertain, for the opinions 
of those who connect it with <ppafcaBai or fragor 
do not deserve notice. YV' under thinks that it 
may possibly be allied with suffrago, and signified 
originally an ankle-bone or knuckle-bone. On the 
passing of the Leges Tabellariae the voting with 
stones or pebbles went out of use. For further 
particulars with respect to the voting in the comitia, 
see Comitia, p. 330" ; Diribitores ; SlTDLA ; 
Tabella ; Tabellariae Leges. 

Those who had the Jus Sujf'ragii or the right of 
voting in the comitia, as well as the capacity of 
enjoying magistracies, were citizens ojAirno jure. 
[Civitas, p. 291, b.] 

SUGGESTUS means in general any elevated 
place made of materials heaped up (sub and giro), 
and is specially applied : 1. To the Btage or pulpit 
from which the orators addressed the people in the 
comitia. [Rostra.] 2. To the elevation from 
which a general addressed the soldiers. (Tacit. 
Hist. i. 35.) 3. To the elevated scat from which 
the emperor beheld the public games (Suet. Jul. 
ICt • Plin. I'aneg. 51), also called cubiculum. [Cu- 
BICULUM.] 

SUGGRUNDA'RIUM. [Fl-ms, p.559,b.] 
SUI HERE'DES. [Herbs, p. 598, b.] 
SUMTUA'RIAE LEGES, the name of various 
laws passed to prevent inordinate expense (sumtus) 
in banquets, dress, &c. (Gellius, ii. 24, XX. 1.) 
In the states of antiquity it was considered the 
duty of government 1o put a check upon extra- 
vagance in the private expenses of persons, and 
among the Romans in particular we find traces 
of this in the laws attributed to the kings and 
in the Twelve Tables. The censors, to whom was 
entrusted the disciplina or cura morum, punished 
by the nota censi/ria all persons guilty of what was 
then regarded as a luxurious mode of living: a 
great many instances of this kind are recorded. 
[Censor, p. 26'4,a.] But as the love of luxury 
greatly increased with the foreign conquests of the 
republic and the growing wealth of the nations, 
various Leges Sumtuariae were passed at different 
times with the object of restraining it. These 
however, as may be supposed, rarely accomplished 
their object, and in the latter times of the republic 
tin v were virtually repealed. The following is a 
list of the most important of them arranged in 
chronological order. 

Otpia, proposed by the tribune C. Oppius in the 
consulship of (J. Fabios and Ti. Scmpronius in the 
middle of the second Punic war B. c 21 3, enacted 
that DO woman should have above half an ounce of 
gold, nor wear a dress of different colours, nor ride 
in a carriage in the city or in any town, or within 
a mile of it, unless on nccount of public sacrifices. 
This law was repealed twenty years afterwards 
(Lrr. xtxiv. 1,8; V'al. Max. ix. 1. §3), whence 
we frequently find the Lex Orchin mentioned as 
the first La Sumtuaria. Tacitus (Arm. iii. 33, 34) 
speak* of Oppiae Leges. 

Ori mia, proposed by the tribune C. Orchius in 
the third year after the censorship of Cato B.C. 181, 



SUMTUARIAE LEGES. 1077 
limited the number of guests to be present at en- 
tertainments. When attempts were afterwards 
made to repeal this law, Cato offered the strongest 
opposition, and delivered a speech in defence of the 
law, which is referred to by the grammarians. 
(Macrob. Sat. ii. 13; Festus, s. w. Ubsonilarere, 
Percunctatum ; Schol. Bob. in Cic. pro Scst. 
p. 310, ed. Orelli ; Meyer, Orat. Roman. Fragm. 
p. 91, &c, 2d ed.). 

Fannia, proposed by the consul C. Fannius B. c. 
161, limited the sums which were to be spent on 
entertainments, and enacted that not more than 
100 asses should be spent on certain festivals 
named in the lex, whence it is called Centussis by 
Lucilius, that on ten other days in each month not 
more than 30 asses, and that on all other days not 
more than 10 asses should be expended : also that 
no other fowl but one hen should be served up, and 
that not fattened for the purpose. (Gell. ii. 24 ; 
Macrob. Sat.il 13 ; Plin. H. N. x. 50. s. 71.) 

Didia, passed B. c. 143, extended the Lex Fan- 
nia to the whole of Italy, and enacted that not only 
those who gave entertainments which exceeded in 
expense what the law had prescribed, but also all 
who were present at such entertainments, should 
be liable to the penalties of the law. We are not 
however told in what these consisted. (Macrob. 
Sat. ii. 13.) 

Licinia agreed in its chief provisions with the 
Lex Fannia, and was brought forward, we are told, 
that there might be the authority of a new law 
upon the subject, inasmuch as the Lex Fannia was 
beginning to be neglected. It allowed 200 asses 
to be spent on entertainments upon marriage days 
and on other days the same as the Lex Fannia : 
also, that on ordinary days there should not be 
served up more than three pounds of fresh and one 
pound of salt meat. (Gell. Macrob. //. re.) Gellius 
(/. c.) states, that this law was brought forward by 
P. Licinius Crassus, but we do not know at what 
time, probably however in his prnetorship B.C. 103. 
Gellius relates elsewhere (xv. 8) that a Latin 
orator of the name of Favorinus spoke in support 
of this law. (See Diet. ofBiog. art. 1'avorinus.) 

Cornelia, a law of the dictator Sulla v. c 81, 
was enacted on account of the neglect of the Fan- 
nian and Licinian Laws. Like these it regulated 
the expenses of entertainments. (Gell. ii. 24 ; 
Macrob. /. c.) Extravagance in funerals, which 
had been forbidden even in the Twelve Tables 
(Cic. it Leg. ii. 23 — 25), was also restrained by a 
law of Sulla. (Plut. Suit. 35.) It was probably 
the same law which determined how much might be 
spent upon monuments. (Cic. ail Alt. xii. 35, 3(i.) 

A kmii.ia, proposed by the consul Aemilius Le- 
pidus II. c. 78, did not limit the expenses of enter- 
tainments, but the kind and quantity of food that 
was to be used. (Gell. Macrob. //. cc.) Pliny (//. 
N. nil 57. s. 82) and Aurelius Victor (d» IVr. ///. 
72) ascribe this law to the consulship of M. Aemi- 
lius Scaurus ii. c. 1 1 5. It is not impossible that 
there may have been two Aemilian Leges on the 
subject. 

Antia, of uncertain date, proposed by Antius 
Restio, besides limiting the expenses of entertain- 
ments, enacted that no actual magistrate, or magis- 
trate elect, should dine abroad anywhere except at 
the houses of certain persons. This law however 
was little observed ; and we are told that Annus 
never dined out afterwards, that he might not sec 
his own law violated. (Gefl, Macrob. //. cc.) 
3 l 3 



1078 



SUPERFICIES. 



SUPERFICIES. 



Julia, proposed by the dictator C. Julius Caesar, 
enforced the former sumptuary laws respecting en- 
tertainments, which had fallen into disuse. (Dion 
Cass, xliii. 25.) Julius Caesar adopted strong mea- 
sures to carry this law into execution, but it was 
violated when he was absent from Rome. (Cic. ad 
Att. xiii. 7.) He stationed officers in the provision 
market to seize upon all eatables forbidden by the 
law, and sometimes sent lictors and soldiers to ban- 
quets to take away every thing which was not 
allowed by the law. (Suet. Jul. 43.) Cicero seems 
to refer to this law in two of his epistles (ad Fam. 
vii. 26', ix. 15). 

Julia, a lex of Augustus, allowed 200 sesterces 
to be expended upon festivals on dies profesti, 
300 upon those on the Calends, Ides, Nones, and 
some other festive days, and 1000 upon marriage 
feasts. There was also an edict of Augustus or 
Tiberius by which as much as from 300 to 2000 
sesterces were allowed to be expended upon enter- 
tainments, the increase being made with the hope 
of securing thereby the observance of the law. 
(Gell. I. c. ; Sueton. Octav. 34.) 

Tiberius attempted to check extravagance in 
banquets (Suet. Tib. 34) ; and a senatusconsultum 
was passed in his reign for the purpose of restrain- 
ing luxury, which forbade gold vases to be em- 
ployed, except for sacred purposes, and which also 
prohibited the use of silk garments to men. (Tacit. 
Ann. ii. 33 ; Dion Cass. lvii. IS.) This sumptuary 
law, however, was but little observed. (Tacit. Ann. 
iii. 52, 53.) Some regulations on the subject were 
also made by Nero (Suet. Ner. 16), and by suc- 
ceeding emperors, but they appear to have been of 
little or no avail in checking the increasing love of 
luxury in dress and food. (Platner, Escercit. II. 
de Legibus Sumtuariis Rom. Lips. 1752 ; Box- 
mann, Dissert, antiquario-juridica de Leg. Horn. 
Sumtuariis, Lugd. Batav. 1816.) 

Sumptuary laws were not peculiar to antiquity. 
" Our own legislation, which in its absurd as well 
as its best parts has generally some parallel in that 
of the Romans, contains many instances of Sump- 
tuary Laws, which prescribed what kind of dress, 
and of what quality, should be worn by particular 
classes, and so forth. The English Sumptuary Sta- 
tutes relating to apparel commenced with the 37th 
of Edward III. This statute, after declaring that 
the outrageous and excessive apparel of divers people 
against their estate and degree is the destruction 
and impoverishment of the land, prescribes the ap- 
parel of the various classes into which it distributes 
the people ; but it goes no higher than knights. 
The clothing of the women and children is also re- 
gulated. The next statute, 3rd of Edward IV., is 
very minute. This kind of statute-making went on 
at intervals to the 1st of Philip and Mary, when 
an act was passed for the Reformation of Excessive 
Apparel. These Apparel statutes were repealed by 
the 1st of James I." (Long's Translation of 
Plutarch's Life of Sulla, c. 2.) 

SUOVETAURI'LIA. [Sacrificium ; Lus- 

TRATIO.] 

SUPERFI'CIES, SUPERFICIA'RIUS. — 

Superficies is anything which is placed upon the 
ground, so as to become attached to it. The most 
common case of superficies is that of buildings 
erected on another man's land. " Those are 
aedes superficiariae which are built on hired 
ground, and the property of which both by the 
Jus Civile and Naturale belongs to him to whom 



the ground (solum) also belongs." (Gaius, Dig. 
43. tit. 18. s.2.) Cicero (ad Att. iv. 2) uses the 
expression " superficies aedium." Every building 
then was considered a part of the ground on which 
it stood ; and the ownership and possession of the 
building were inseparable from the ownership and 
possession of the ground. The Superficies resem- 
bles a Servitus and is classed among the Jura in 
re. According to the definition, the Superficiarius 
had not the thing even In bonis ; and as the animus 
Domini could not exist in the case of Superficies, 
he consequently could not be Possessor. He had 
however a Juris Quasi Possessio. The Superficiarius 
had the right to the enjoyment of the Superficies : 
he could alienate the Superficies and pledge it for 
the term of his enjoyment ; he could dispose of it 
by testament ; and it could be the object of suc- 
cession ab intestato ; he could also make it subject 
to a Servitus ; and he could prosecute his right by 
a utilis in rem actio. As he had a Juris Quasi 
Possessio, he was protected against threatened dis- 
turbance by a special Interdict, which is given in 
the Digest (43. tit. 18), and in its effect resembles 
the Interdictum Uti possidetis. The explanation 
of the passage relating to this Interdict (Dig. 43. 
tit. 18. s. 3) is given by Savigny (Das Recht dcs 
Besitzes, p. 289, 5th ed.). If he was ejected, he 
could have the Interdictum de vi, as in the case 
of proper Possession ; and if he had granted the 
use of the Superficies to another Precario, who re- 
fused to restore it, he had the Interdictum de pre- 
cario. 

A man could obtain the use of a Superficies by 
agreement with the owner of the land for permis- 
sion to erect a building on it : he thus obtained a 
Jus Superficiarium ; and he might also by agree- 
ment have the use of an existing Superficies. He 
was bound to discharge all the duties which he 
owed in respect of the Superficies, and to make 
the proper payment in respect of it (solarimn), if 
any payment had been agreed on. The solarium 
was a ground-rent. (Dig. 43. tit. 8. s. 2. § 17.) 

The rule of law that the Superficies belonged to 
the owner of the soil was expressed thus : Super- 
ficies solo cedit. (Gaius, ii. 73.) If then a man 
built on another man's land, the house became the 
property of the owner of the land. But if the 
owner of the land claimed the house, and would 
not pay the expense incurred by building it, the 
builder of the house could meet the claimant with 
a plea of dolus malus (exceptio doli mati), that is 
to say, if he was a Bonae fidei possessor. In any 
other case, he had of course no answer to the 
owner's claim. 

According to Coke (Co. Litt. 48, b), " a man may 
have an inheritance in an upper chamber, though 
the lower buildings and the soil be in another, and 
seeing it is an inheritance corporeal, it shall pass 
by livery." But this doctrine is open to serious 
objections, and contradicts a fundamental principle 
of law. 

At Rome if a man received permission to build 
on a locus publicus, he thereby obtained a Jus 
Superficiarium. The Lex Icilia de Aventino, B. c. 
456, probably gave the ground in ownership to the 
Plebs. Dionysius, who speaks particularly of this 
lex, says that several persons united to build a 
house on the same plot of ground, and distributed 
the stories among them ; this, however, would not 
be a case of superficies, but a communio pro in- 
diviso. In later times, it was common at Rome 



SUSPEXSURA. 



SYCOPHAXTES. 1079 



for tlie ground on which Insulae were built to re- 
main the property of the owner of the soil, while 
other persons had a Jus Superficiarium in the 
ditferent stories, in respect of which a rent (so- 
larium) was payable to the dominus of the soil. 
Rudorff (Beitrag zur GescJiichte der Superficies, 
Zeitschrift fur Gesckicht. UeclUsw. See, Xo. xi.) says 
that these terms were as common in Rome " as 
they now are in London where great landholders, 
in consideration of a rent for nine and ninety years, 
and the reservation of the ownership of the soil, 
allow others to occupy building ground and slightly 
built houses." He who builds on another's land 
on a buiiding lease has a Jus Superficiarium and 
nothing more. 

(Gaius, ii. 73 — 75 ; Dig. 43. tit 1 8 ; Lex Icilia, 
Dionys. Anliq. Rom. x. 32 ; Puchta, Inst. ii. 
§ 244 ; Zeitschrift. <Lc. xL 219 ; Stair, Institutes, 
book ii. tit 7 ; M'Dowcll, Inst. i. 676 ; Code 
Civil, art. 664.) [G. L.j 

SUPERNUMERA'RII. [Accbnsl] 
SU'PPARUM. [Xavis, p.790,a; Tunica.] 
SUPPLICATIO was a solemn thanksgiving or 
supplication to the gods decreed by the senate, 
when all the temples were opened, and the statues 
of the gods frequently placed in public upon 
couches (pulmnaria), to which the people offered 
up their thanksgivings and prayers (ad omnia put- 
vinaria supplicatio decreta est, Cic. M CatiL iii. 10). 
[Lectisternium.] A Suj/jilicutio was decreed 
for two ditferent reasons. 

I. As a thanksgiving, when a great victory had 
been gained : it was usually decreed as soon as 
official intelligence of the victory had been re- 
ceived by a letter from the general in command. 
The number of days during which it was to last 
was proportioned to the importance of the victory. 
Sometimes it was decreed for only one day (Liv. 
iii. 63), but more commonly for three or five days. 
A supplication of ten days was first decreed in 
honour of Pompey at the conclusion of the war 
with Mithridates (Cic. dc Prov. Cons. 11), and 
one of fifteen days after the victory over the Belgae 
by Caesar, an honour which Caesar himself says 
(B.C. ii. 35) had never been granted to any one 
before. (Compare Cic. /. c.) Subsequently a sup- 
plicatio of twenty days was decreed after his con- 
quest of Vcrcingetorix. (Caes. B. O. vii. 90.) 
Emm this time the senate seems to have frequently 
increased the number of days out of mere compli- 
ment to the general. We thus find mention of 
thanksgivings for forty days (Dion Cass, xliii. 14), 
fifty days (Id. xliii. 42, and Cic. I'liil. xiv. 14), and 
even sixty. (Dion Cass. xl. 60.) A supplicatio was 
usually n-garded as a prelude to a triumph, but it 
was not always followed by one, as Cato reminds 
Cicero, to whose honour a supplicatio had been 
decreed. (Cic. ad lam. xv. 5.) This honour was 
conferred upon Cicero on account of his suppression 
of the conspiracy of Catiline, which had never been 
decreed to any one before in a civil capacity (to- 
gat*4), as he frequently takes occasion to mention. 

OatHm, 6, 10, in'l'is. 3, 1'hil. W. 6.) 

II. A Supplicatio, a solemn supplication and 
humiliation, was nlso decreed in times of public 
danger nnd distress, and on account of prodigies to 
avert the anger of the gods. (Liv. iii. 7, x. 23, 
xxxi. 9, xxxvii. 3.) 

Sl.'UIH'S. [Onur.ATioNES, p. 818,* ; Tks- 

TAMKNTIM.) 

BUSPENSUHA. [Halnkar, p. 191, b.] 



SYCOPHAXTES (o-vKO(pavTT\s). At an early 
period in Attic history a law was made prohibiting 
the exportation of figs. Whether it was made in 
a time of dearth, or through the foolish policy of 
preserving to the natives the most valuable of 
their productions, we cannot say. It appears, 
however, that the law continued in force long 
after the cause of its enactment, or the general 
belief of its utility, had ceased to exist ; and 
Attic fig-growers exported their fruit in spite of 
prohibitions and penalties. To inform against a 
man for so doing was considered harsh and vexa- 
tious ; as all people are apt to think that obsolete 
statutes may be infringed with impunity. Hence 
the term avKo<pam-tiv, which originally signified 
to lay an information against another for exporting 
figs, came to be applied to all ill-natured, malicious, 
groundless, and vexatious accusations. It is de- 
fined by Suidas, i|/ei/5a>s twos Kar-nyopuv. (Ste- 
phan. Thesaur. 8873, b.) 

Sycophantes in the time of Aristophanes and 
Demosthenes designated a person of a peculiar 
class, not capable of being described by any single 
word in our language, but well understood and ap- 
preciated by an Athenian. He had not much in 
common with our sycophant, but was a happy com- 
pound of the common burretor, informer, jjettifogger, 
busybody, rogue, liar, and slanderer. The Athenian 
law permitted any citizen (rbv Qov\6p.evov) to give 
information against public offenders, and prosecute 
them in courts of justice. It was the policy of the 
legislator to encourage the detection of crime, and 
a reward (such as half the penalty) was frequently 
given to the successful accuser. Such a power, 
with such a temptation, was likely to be abused, 
unless checked by the force of public opinion, or 
the vigilance of the judicial tribunals. Unfortu- 
nately, the character of the Athenian democracy 
and the temper of the judges furnished additional 
incentives to the informer. Eminent statesmen, 
orators, generals, magistrates, and all persons of 
wealth and influence were regarded with jealousy 
by the people. The more causes came into court, 
the more fees accrued to the judges, and fines and 
confiscations enriched the public treasury. The 
prosecutor therefore in public causes, as well as the 
plaintitf in civil, was looked on with a more favour- 
able eye than the defendant, and the chances of 
success made the employment a lucrative one. It 
was not always necessary to go to trial or even to 
commence legal proceedings. The timid defendant 
was glad to compromise the cause, and the con- 
scious delinquent to avert the threat of a prosecu- 
tion by paying a sum of money to his opponent 
Thriving informers found it not very difficult to 
procure witnesses, and the profits were divided be- 
tween them. According to Theophrastus (ap. A thni. 
vi. 254, b), Athens was full of AtovvaoKo\di«i>i> 
Kal Kunroovriiv Kal ilifvSofiapTvpwii Kal auKoipavrwii 
Kal ^(vZoK\r)ri]poiv. The character of the ctuko- 
tpavrai will be best understood by the examples 
and descriptions found in the Attic writers. Aris- 
tophanes directs the keenest edge of his satire 
against them. (Sec particularly Adam. 818, 
.ln<, I I In, l'lut. 850.) Demosthenes says: 
noirnpbv & avKo<parT7)s Kal fHaxavov Kal tpiKatrioy 
(deCoron. 307 ; compare c. liutnd. 1309). Zi/ku- 
tpairruv tptOKovra /was in Lysias (c. I'.rand. 177, 
ed. Strph.) signifies **to extort thirty minns by 
Sycophant like practices." (See further Lys. Atux. 
KaraA. AxoA. 171; Aesch. <le I'als. Isg. 36, ed. 
3/4 



1080 



SYLAE. 



SYMBOLAEON. 



Steph. ; Dem. de Cor. 291 ; Xenoph. Mem. ii. 9. 
§ 4, de Rep. Ath. i. 4.) That the increase of liti- 
gation and perjury was in some measure owing to 
the establishment of clubs and political associations 
and the violence of party spirit, may be gathered 
from various passages of the Attic writers. (Thu- 
cyd. viii. 54 ; Demosth. c. Boeot. de dote, 1010, c. 
Pantaen. 978, c. Zenoth. 885.) 

The Athenian law did indeed provide a remedy 
against this mischievous class of men. There was 
a ypacpT] avKotyavTias tried before the Thesmothe- 
tae. Any person who brought a false charge 
against another, or extorted money by threat of 
legal proceedings, or suborned false witnesses, or 
engaged in a conspiracy to ruin the character of an 
innocent man, was liable to this 7pa<f>r). He might 
also be proceeded against by (pdais, epSei£is, 
imayuyr], TvpoSoAr] or elo-ayyeA'ia. (See articles 
Phasis, &c. ; Aesch. de Fals.Leg. 47, ed. Steph. ; 
Dem. c. Theocr. 1325.) The trial was an ayiiv 
Ti/j.7]r6s. The heaviest punishment might be in- 
flicted, together with dri/uia and confiscation of 
property. Besides this, if any man brought a cri- 
minal charge against another, and neglected to 
prosecute it (£irzl;e\@e7i>), he was liable to a pe- 
nalty of 1000 drachmas, and lost the privilege of 
instituting a similar proceeding in future, which 
was considered to be a species of arifi'ia. (Dem. 
c. Mid. 548, c. Theocr. 1323.) The same conse- 
quence followed, if he failed to obtain a fifth part 
of the votes at the trial. The iivaSeAla in civil 
actions was a penalty of the same kind and having 
the same object : viz., to prevent the abuse of 
legal process, and check frivolous and unjust ac- 
tions. Such were the remedies provided by law, 
but they were found inefficacious in practice ; and 
the words of Aristophanes (Plutus, 885) were not 
more severe than true : " there is no charm against 
the bite of a Sycophantes." (See Platner, Proe. 
mid Klag. vol. ii. p. 164 ; Meier, Alt. Proc. p. 335 ; 
Schomann, Ant. Jur. pub. Gr. pp. 101, 185 ; Pol- 
lux, viii. 31, 46, 47, 88.) [C.R.K.] 

SYLAE (avAai). When a Greek state, or 
any of its members, had received an injury or 
insult from some other state or some of its mem- 
bers, and the former was unwilling, or not in a 
condition, to declare open war, it was not unusual 
to give a commission, or grant public authority to 
individuals to make reprisals. This was called 
avAas, or cEAa, 5i5oVai. (Demosth. c. Lacrit. 931 ; 
Lysias, c. Nicom. 185, ed. Steph.) Polybius (iv. 
26, 36, 53) calls it Aatpvpov or pixria Karayyih- 
Aeiv. Thus, when the Lacedaemonians thought 
the Athenians had broken the treaty with them 
by making incursions from Pylus, they issued a 
proclamation that any of their subjects might 
commit depredations on the Athenians (Aifi^aBai 
robs ' A8n]vaiovs, Thucyd. v. 115). Demosthenes 
{de Coron. Trierarch. 1232) declares that the 
deputy captains of triremes so misbehaved them- 
selves in foreign countries, plundering everybody 
they came near, that no Athenian could travel safely 
Sid rds vith tovtwv av5poA7ji|/iaj Kal trvAas Karea- 
iceiiacr/ie'car, where avfipoA-rnl/ias refers to the arrest 
of the person, ffvAas to the seizure of goods. 
Suidas explains avAai by the synonym avAArj'peLS. 
As to di/SpoArji|/foi for another purpose, see Phonos. 
In the uavTiK^j (Tvyypacpri in the speech of Demos- 
thenes (c. Laer. 927), one of the conditions is that 
goods may be landed only '6ttov &v p.}] avAai &criv 
'Adrjva'wis, " where no hostilities are exercised 



against Athenians." The people of Athens passed 
a special decree to authorise privateering ; and 
when any booty was taken by Athenian subjects, 
they reserved to themselves the right of determin- 
ing whether it was lawfully taken, whether it 
ought to be kept or restored, and what should be 
done with it. (Demosth. c. Timocr. 703 ; Argum. 
694, 695.) The ancient practice may be compared 
with the modern one of granting letters of marque 
and reprisal. (Harpocr. s. v. ItvAas : Schomann, de 
Comit. p. 284, Ant. Jur. Pub. Gr. p. 367.) [C.R.K.] 

SYLLOGEIS (<rvAAoye?s), usually called SvA- 
Aoyt'is toC S-qfiov, or the Collectors of the People, 
were special commissioners at Athens, who made out 
a list of the property of the oligarchs previously to 
its confiscation. (Lex Rhet. p. 304, Bekker.) They 
formed an apxv (Harpocr. s. v. HvAAoyri), and 
seem to have been introduced after the dominion of 
the Thirty Tyrants. It appears from an inscrip- 
tion that the Syllogeis had to attend to the sacred 
rites connected with the worship of Athena and the 
Olympian Zeus, whence Bb'ckh conjectures that 
they collected or summoned the citizens to certain 
sacred rites, in which the people were feasted, and 
that from this circumstance they derived their 
name : the property of the oligarchs, of which they 
are said to have made out a list for the purpose of 
confiscation, may have been applied to these public 
banquets, since confiscated property was not unfre- 
quently divided among the citizens. (Corpus Inscr. 
Grace. No. 99. pp. 137, 138, No. 157. p. 250.) 

SY'MBOLA. [Coena, p. 304, b ; Dicastes.] 

SYMBOLAEON, SYNALLAGMA, SYN- 
THE'CE (avpSoAaiov, ovvdAAayfxa, ovvf)i)Kri), are 
all words used to signify a contract, but are dis- 
tinguishable from one another. ~Zvp.§6Aaioi> is 
used of contracts and bargains between private 
persons, and peculiarly of loans of money. Thus, 
o-vpgaAatv (is dvSpdnoSov is, to lend upon the 
security of a sl^^(Demosth. c - Aphob. 822, c. 
Zenoth. 884, c. fnorni. 907, c. Timoih. 1185, c. 
Dionys. 1284.) ~2.vva.AAa.yfia. signifies any matter 
negotiated or transacted between two or more per- 
sons, whether a contract or anything else. (De- 
mosth. e. Onet. 867, 869, c. Timocr. 760.) ~Zvv- 
8i]Ki) is used of more solemn and important con- 
tracts, not only of those made between private 
individuals, but also of treaties and conventions 
between kings and states. (Thucyd. i. 40, v. 18, 
viii. 37 ; Xenoph. Hell. vii. 1. § 2 ; Demosth. de 
Rhod. 199, de Coron. 251, c. Aristog. 774 ; Di- 
narch. c. Demosth. 101, ed. Steph.) 

As to the necessity or advantage of having 
written agreements between individuals, see Syn- 
graphe. National compacts, on account of their 
great importance, and the impossibility of other- 
wise preserving evidence of them, were almost 
always committed to writing, and commonly in- 
scribed on pillars or tablets of some durable mate- 
rial. (Thucyd. v. 23, 47 ; see Aristoph. Acharn. 
727.) Upon a breach, or on the expiration, of 
the treaty, the pillars were taken down. (Demosth. 
pro Megalopol. 209.) 

For breaches of contract actions were maintain- 
able at Athens, called ovpSoAaiwv (or avvQriKiiv) 
irapaSao-tus 8'iKa.i. (Pollux, vi. 153, viii. 31.) 
Such actions, it is apprehended, applied only to ex- 
press contracts, not to obligations ex delicto, or the 
aKoiffia. avvaAAaynara. of Aristotle. (Ethic. Nicom. 
v. 4.) Thus, if I had promised to pay a sum of 
money by a certain day, and failed to perform that 



SYMBOLON. 



SYMBOLON. 



lO.'il 



promise, an action for breach of contract would 
have lain at Athens. But if my cow had broken 
roy neighbour's fence, my obligation to repair the 
damage would have given rise not to an action for 
breach of contract, but to a 6i'/c7) /3\o§tji. (Meier, 
Alt. Froc. pp. 476, 477.) On the other hand, a 
Si'ktj f}kd§T]s would lie against a person who had 
committed a breach of contract ; for he was re- 
garded as a wrongdoer, and liable to pay compen- 
sation to the party injured. Therefore Dionyso- 
dorus, who had failed to perform the conditions of 
a vauriKT) crvy-yptupri, had a oi/c7j #Aa§7js brought 
against him by the persons who lent him money 
on his ship. (Demosth. 1282 ; see also pro Phonn. 
950, c. Callipp. 1240.) The Athenian law fre- 
quently gave an option between various forms of 
action. It is not, however, improbable that the 
Si'*?) o~vvBi\k£>i> irapaSdaews was only one species 
of the SIkti /3Aa6ns, and the name one of a less 
technical kind. Wherever a debt had become 
due to a man by reason of some previous contract, 
we may suppose that he had the option between 
an action of debt (xpeovs) and one for breach of 
contract. The same observation will apply to the 
5iKai 7rapaKaTa(W)K7js, apyvptov, and others of a 
similar kind. The main point of difference might 
be this : that in a general action for breach of con- 
tract, the plaintiff went for unliquidated damages, 
which the court had to assess ; whereas, upon a 
claim to recover a debt or sum certain, or a specific 
chattel, the court had nothing more to do than to 
determine whether the plaintiff was entitled to it 
or not ; the ayuv was oti'/itjtos. All such actions 
were tried before the 0€o>otfeTa<. (Meier, Alt. 
Prrjc. pp.67, 18*^3—497, 510.) 

'OlioKoyla appears to be a word of less technical 
nature than ovv84)kti, though (as we might expect 
in words of this sort) they are often used indiffer- 
ently. Grammarians make them synonymous, 
(llarpocr. ». t>. 'AavvBtrdiraTov : Suidas, s. r. 2vv- 
<H)K7).) 2v>>61iKas itoiuaBai or Ti8e<r0ai utrd twos 
is, to make an agreement with any one ; Imiivtui 
toii avv0i)Kais, to abide by it ; virtpSaivtiv or 
TapaSaivttv, to break or transgress. Here we may 
observe, that evv8tiKat is constantly used in the 
plural, instead of o-uvAtjkij, the only difference 
being, that strictly the former signifies the terms 
or articles of agreement, in the same manner as 
StaBiiKai, the testamentary dispositions, is put for 
Siaft]Ki7, the will. Su/iSoAof also signifies a com- 
pact or agreement, but had become (in Attic par- 
lance) obsolete in this sense, except in the expres- 
sion Si'koi airb avfiS6\uy. (See below.) [C.K.K.] 

SYMBOLON, DIKAK APO (oUat d*h ™,u 
S6\uv). The ancient Greek states had no well 
defined international law for the protection of their 
respective members. In the earlier times troops 
of robbers used to roam about from one country to 
another, and commit aggressions upon individuals, 
» ho in their turn made reprisals, and took the law 
intn their own hands. Kvcn when the state took 
upon itself to resent the injury done to iu member*, 
a violent remedy was resorted to, such as the 
giving authority to take ffDAa, or frirna, a sort of 
national distress. As the Greek* advanced in 
civilization, and a closer intercourse sprang up 
among them, disputes between the natives of dif- 
ferent countries were settled (whenever it was 
possible) by friendly negotiation. It soon liegan 
to be evident, that it would be much belter, if, in- 
stead of any interference on the |>art of the slate, 



such disputes could be decided by legal process, 
either in the one country or the other. Among 
every people, however, the laws were so framed, 
as to render the administration of justice more 
favourable to a citizen than to a foreigner ; and 
therefore it would be disadvantageous, and often 
dangerous, to sue a man, or be sued by him, in his 
own country. The most friendly relation might 
subsist between two states, such as <rvwuix' a or 
httyafda, and yet the natives of each be exposed 
to this disadvantage in their mutual intercourse. 
To obviate such an evil, it was necessary to have a 
special agreement, declaring the conditions upon 
which justice was to be reciprocally administered. 
International contracts of this kind were called 
(rvfiSoKa, defined by Suidas thus, o-vvdrjKai as ai> 
aAAi^Aats at irdAeis SipLtvai rdTTincrt to?s 7roAtTair, 
Z<TT€ oiSoVat »cal \afj.§dveiv ra OiKaia : and the 
causes tried in pursuance of such contracts were 
called oikoi airb avfiSoKwv. The more constant 
and more important the intercourse between any 
two nations, the more necessary would it be for 
them to establish a good system of international 
jurisprudence. Commercial people would stand in 
need of it the most. Aristotle mentions the Tus- 
cans and Carthaginians as having aiipiSoXa irtp\ 
tov p.Ti aoiKuv. (Pulit. iii. 1, 3, and 5, 10.) No 
such agreement has been preserved to us, and we 
know but little about the terms that were usually 
prescribed. The basis of them seems to have been 
the principle that actor serpiitur forum rei ; but 
this, as well as other conditions, must have varied 
according to circumstances. Liberty of person, and 
protection of property, would, no doubt, be secured 
to the foreigner, as far as possible ; and it would 
be the duty of the irpd&vos to see that these rights 
were respected. A common provision was, that 
the party who lost his cause might appeal to the 
tribunal of the other country, or to that of some 
third state mutually agreed upon. (Etym. Magn. 
s. v. "EkkAijtos iroAtr.) This was perhaps sug- 
gested by the practice which had grown up, of re- 
ferring national quarrels to the arbitration of some 
individual or third state. (Thucyd. i. 34, 78, 140, 
v. 41, viL 18 ; Schiimann, Ant. Jur.jmb. Or. p. 
367.) 

When the Athenians made any Buch treaty, 
they required it to be approved of and finally rati- 
fied by a jury of the Heliaea, under the direction of 
the Thcsmothetae. Hence Pollux (viii. 88) says 
of those magistrates, to my.as to vpbs Tar 
iroAe (j Kvpovaiv. The other contracting Btatc was 
therefore compelled to send an envoy to Athens, 
with power to conclude the treaty (if he thought 
fit) as it was drawn up and settled by the Thcsmo- 
thetae and jurors. Most of the people with whom 
the Athenians had to deal, were cither subject or 
inferior to them, and were content to acquiesce in 
the above regulation. Philip, however, would not 
submit to it, and demanded that the terms should 
receive final ratification in Macedonia. This de- 
mand is made the subject of complaint by Demos- 
thenes (<lc J/alnn. 78). 

The name of 3i'«at airo avnS6Kuy was given aluo 
to the causes which the allies of the Athenian 
sent to be tried nt Athens. (Pollux, viii. 63.) This 
fact has been called in question by Uiickh, but 
there is not much reason for doubting it. It is 
tnie that the expression is not strictly applicable 
to causes, not between an Athenian and a foreigner, 
but between two foreigners ; and it may lie allowed. 



1082 



SYMPOSIUM. 



SYMPOSIUM. 



that the object of the Athenians in bringing such 
causes to Athens was, not to give the allies a 
better or speedier means of obtaining justice, but 
to secure certain advantages to the imperial city. 
(Xenoph. de Republ. Ath. i. 16.) It is, however, 
not improbable that the arrangement was called 
crvfiSoKa, for the very purpose of softening the 
harshness of the measure, by giving an honourable 
name to that which in reality was a mark of servi- 
tude. For the same reason the confederate states 
were called avfj-fiaxoi, allies, while in point of fact 
they were rather v-n-fiKooi or subjects. 

These causes were tried in the summer months, 
when the voyage to Athens was more convenient, 
and (like all other Sinai curb trvfiSdAav) belonged 
to the jurisdiction of the Thesmothetae. We have 
but one example of such a cause preserved to us, 
viz. the speech of Antiphon on the death of 
Herodes, where both the prosecutor and the de- 
fendant are natives of Mytilene. (Harpoc. s. v. 
'Svfj.goXa : Thucyd. i. 77. c. not. Goeller ; Platner, 
Proc. und Klag. vol. i. pp. 105 — 114 ; Meier, Alt. 
Proc. pp. 67, 773 ; Schbmann, Ant. jur. publ. 
Gr. p. 376.) [C. R. K.] 

SYMBU'LI (avfx.Sov\oi). [Paredri.] 

SYMMO'RIA {(jvfxfuopia). [Eisphora ; 
Trierarchia.] 

SY'MPHOREIS ((rv/MpopM). [Exercitcjs, 
p. 485, b.] 

SYMPO'SIUM (<rvfnr6<rwv, comissatio, convi- 
vium), a drinking-party. The trvfiirSaiov, or the 
■n-dTos, must be distinguished from the Selirvov, for 
though drinking almost always followed a dinner- 
party, yet the former was regarded as entirely dis- 
tinct from the latter, was regulated by different 
customs, and frequently received the addition of 
many guests, who were not present at the dinner. 
For the Greeks did not usually drink at their 
dinner, and it was not till the conclusion of the 
meal, that wine was introduced, as is explained 
under Coena [p. 306, a]. Thus we read in the 
Symposium of Plato (p. 176, a.) that after the 
dinner had been finished, the libations made, and 
the paean sung, they turned to drinking (jpt- 
•ireo~8ai irpbs top h6tov~). 

Symposia seem to have been very frequent at 
Athens. Their enjoyment was heightened by 
agreeable conversation, by the introduction of music 
and dancing, and by games and amusements of 
various kinds : sometimes, too, philosophical sub- 
jects were discussed at them. The Symposia 
of Plato and Xenophon give us a lively idea of 
such entertainments at Athens. The name itself 
shows, that the enjoyment of drinking was the 
main object of the Symposia : wine from the juice 
of the grape {oivos afi-wehivos) was the only drink 
partaken of by the Greeks, with the exception of 
water. For palm-wine and beer [Cerevisia], 
though known to many of the Greeks from inter- 
course with foreign nations, were never introduced 
among them ; and the extraordinary cheapness of 
wine at Athens [Vinum] enabled persons even in 
moderate circumstances to give drinking-parties to 
their friends. Even in the most ancient times 
the enjoyment of wine was considered one of the 
greatest sources of pleasure, and hence Musaeus 
and his son supposed that the just passed their 
time in Hades in a state of perpetual intoxication, 
as a reward of their virtue (jiyrjadfiivoi ko.KKkttov 
upeTrjs fiiaObv fxiQ-qv aidviov, Plat. Leg. ii. p. 363, 
c. d.). It would appear from the Symposium of 



Plato, that even the Athenians frequently con- 
cluded their drinking-parties in rather a riotous 
manner, and it was to guard against this that such 
parties were forbidden at Sparta and in Crete. 
(Plat. Min. p. 320, a.) 

The wine was almost invariably mixed with 
water, and to drink it unmixed (fi.Kpa.Tov) was con- 
sidered a characteristic of barbarians. (Plat. Leg. 
i. p. 637, e.) Zaleucus is said to have enacted a 
law among the Locrians, by which any one who 
was ill and drank of unmixed wine without the 
command of his physician, was to be put to death 
(Aelian, V. H. ii. 37); and the Greeks in general 
considered unmixed wine as exceedingly prejudicial 
to physical and mental health. (Athen. ii. p. 36, 
b.) The Spartans attributed the insanity of Cleo- 
menes to his indulging in this practice, which he 
learnt from the Scythians. (Herod, vi. 84.) So 
universal was it not to drink wine unless mixed 
with water, that the word olcos is always applied 
to such a mixture, and whenever wine is spoken 
of in connection with drinking, we are always to 
understand wine mixed with water, unless the 
word tx.Kpa.Tos is expressly added (rb Kpafxa, 
Ka'noi SSaTos fxerexov ir\e'iovos, oivov KaAovfiev, 
Plut. Conjug. Praec. 20). 

The proportion, in which the wine and water 
were mixed, naturally differed on different occa- 
sions. To make a mixture of even half wine and 
half water (Xcov "cna) was considered injurious 
(Athen. I. c), and generally there was a much 
greater quantity of water than of wine. It appears 
from Plutarch (St/mp. iii. 9), Athenaeus (x.p.426), 
and Eustathius (ad Od. ix. 209. p. 1 624), that the 
most common proportions were 3 : 1, or 2 : 1, or 
3 : 2. Hesiod (Op. 596) recommends the first of 
these. 

The wine was mixed either with warm or cold 
water : the former, which corresponded to the Calida 
or Calda of the Romans [Calida], was by far the 
less common. On the contrary, it was endeavoured 
to obtain the water as cool as possible, and for this 
purpose both snow and ice were frequently em- 
ployed. [Psycter.] Honey was sometimes put 
in the wine (Athen. i. p. 32, a.), and also spices 
(Id. p. 31, e.) : in the latter case it received the 
name of Tpififia, and is frequently mentioned by 
the writers of the New Comedy. (Pollux, vi. 18.) 
Other ingredients were also occasionally added. 

The mixture was made in a large vessel called 
the KpaT-rjp [Crater], from which it was con- 
veyed into the drinking-cups by means of olvox^ai 
or KvaBot. [Cyathus.] The cups usually em- 
ployed were the kuAi|, (pidXri, Kapxycwv, and 
KavBapos, of which an account is given in separate 
articles. The /WoV, or drinking-horn, was also 
very commonly used. We find several craters on 
vases representing drinking scenes. (See for ex- 
ample Mus. Borbon. vol. v. t. 51.) 

The guests at a Symposium reclined on couches 
and were crowned with garlands of flowers, as is 
explained under Coena. A master of the revels 
(&px<»v Tr/s ir (Screws, o-vfiirocr'iapxos or PaaAevs) was 
usually chosen to conduct the Symposium (iraiSayto- 
ytiv o-vfnr6cnov, Plat. Leg. i. p. 641, a. b.), whose 
commands the whole company had to obey, and 
who regulated the whole order of the entertain- 
ment, proposed the amusements, &c. The same 
practice prevailed among the Romans, and their 
Symposiarch was called the Magister or Rex Con- 
vivii, or the Arbiter Dibendi. The choice was 



SYMPOSIUM. 

generally determined by the throwing of Astragali 
or Tali ; but we find in Plato (Symp. p. 213, e.) 
Alcibiades constituting himself Symposiarch. The 
proportion in which the wine and water were 
mixed was fixed by him, and also how much each 
of the company was to drink. The servants 
(oivoxioi and olvripol depdiroyrts), usually young 
slaves, who had to mix the wine and present it to 
the company, were also under his orders ; but if 
there was no Symposiarch, the company called for 
the wine just as they pleased. (Xen. Symp. ii. 27.) 

Before the drinking commenced, it was agreed 
upon in what way they should drink (Plat. Symp. 
p. 1 76, a. b.), for it was not usually left to the 
option of each of the company to drink as much or 
as little as he pleased, but he was compelled to 
take whatever the Symposiarch might order. At 
Athens they usually began drinking out of small 
cups ( pirpia irorlipta, A then. x. p. 431,e.), but as 
the entertainment went on, larger ones were intro- 
duced. (Diog. Laert. i. 104.) In the Symposium 
of Plato (pp. 213, 214) Alcibiades and Socrates 
each empty an immense cup, containing eight co- 
tylae, or nearly four English pints ; and frequently 
such cups were emptied at one draught (aireeuorl 
or auvarl wtvfiv, apvari^tty, Athen. x. p. 431, b. ; 
Lucian, Lexiph. 8 ; Suidas, s. v. 'Ajiuo-n). 

The cups were always carried round from right 
to left (M 5f{ia), and the same order was ob- 
served in the conversation and in everything that 
took place in the entertainment (M 5e{ia SiairiVe iv, 
Plat. Hep. iv. p. 420, e., M 5«{io A0701' tlxtiy, 
Symp. p. 214, b. ; Athen. xi. p. 4G3, e.). The com- 
pany frequently drank to the health of one another 
(irpoiriVtiK (piAoTTjo-i'oi, Lucian, Call. 12 ; Athen. 
xi. p. 498, d. ), and each did it especially to the one 
to whom he handed the same cup. This seems to 
have been the custom, which Cicero alludes to, 
when he speaks of "drinking after the Greek 
fashion." (Graeco more biljere, I'err. i. 2G ; com- 
pare Tunc. i. 40, Graeci in eonviviis solent nomi- 
tiare, cui poculum tradituri stmt.) 

Music and dancing wi re usually introduced, as 
already stated, at Symposia, and we find few re- 
presentations of such scenes in ancient vases with- 
out the presence of female players on the flute and 
the cithara. Plato, indeed, decidedly objects to 
their presence, and maintains that it is only men 
incapable of amusing themselves by rational con- 
versation, that have recourse to such moans of en- 
joyment (Prolog, p. 317, c d., Symp. p. 17C, c.) ; 



SYMPOSIUM. 1083 

but this says nothin? against the general practice, 
and Xenophon in his Symposium represents So- 
crates mightily pleased with the mimetic dancing 
and other feats performed on that occasion. The 
female dancers and the players on the flute and 
the cithara were frequently introduced at the 
Symposia of young men for another purpose, and 
were oftentimes actually tiaipai [Hktaerae], 
as we see clearly represented on many ancient vases. 
(See for example Mus. Borbim. vol. v. t. 51.) Re- 
specting the different kinds of dances performed at 
Symposia, see Saltatio. 

Representations of Symposia are very common 
on ancient vases. Two guests usually reclined on 
each couch (K\ivn), as is explained on p. 305, and 
illustrated by the following cut from one of Sir \V. 
Hamilton's vases, where the couch on the right 
hand contains two persons, and that on the left is 
represented with only one, which does not appear 
to have been the usual practice. The guests wear 
garlands of flowers, and the two who are reclining 
on the same couch hold a <pia\-n each in the right 
hand. 




Sometimes there were four or five persons on 
one couch, as in the following woodcut, taken 
from Millin (I'einturcs de Vases Anlii/ues, vol. ii. 
pi. 58). Three youns and two older men are re- 
clining on a couch (kAi'ptj), with their left arms 
resting on striped pillows {npoaK((pi\aia or (nray- 
Kwvia). Before the couch are two tables. Three 
of the men are holding a calix or «uAi| suspended 
by one of the handles to the fore-finger, the fourth 
holds a otd \-q, and the fifth a <pid\i) in one hand 
and a pur6v in the other. [C.u.ix ; Phiala ; 
RiivToN.] In the middle Comos is beating the 
tympanum. 




••A •<) W (V 



1084 



SYNDICUS. 



SYNEGORUS. 



Respecting the games and amusements by which 
the Symposia were enlivened, it is unnecessary to 
say much here, as most of them are described in 
separate articles in this work. Enigmas or riddles 
(aiviyfiara or ypi<poi) were among the most usual 
and favourite modes of diversion. [Aenigma.] 
The Cottabos was also another favourite game at 
Symposia, and was played at in various ways. 
[Cottabos.] The other games at Symposia, which 
require mention, are, the ao-TpayaKi<jjj.6s and Kvgeia, 
explained under Tali and Tesserae, the werTda, 
spoken of under Latrunculi, and the x^x'o'P-o's. 
The latter consisted in turning round a piece of 
money placed upright on its edges, and causing 
it suddenly to stop while moving by placing a 
finger on its top. (Pollux, ix. 118 ; Eustath. ad 
II. xiv. 291, p. 986.) 

A drinking-party among the Romans was some- 
times called Convivium, but the word Comissatio 
more nearly corresponds to the Greek crv/j.-irdaiov. 
[Comissatio.] The Romans, however, usually 
drank during their dinner (coena), which they fre- 
quently prolonged during many hours in the later 
times of the republic and under the empire. Their 
customs connected with drinking differed little 
from those of the Greeks, and have been incident- 
ally noticed above. 

The preceding account has been mainly com- 
posed from Becker's Charikles (vol. i. p. 451, &c.) 
and Gallus (vol. ii. p. 235, &c), where the sub- 
ject is treated at length. 

SYNALLAGMA (avvi.XKa.yiia). [Symbo- 

LAEON.] 

SY'NDICUS ((TvvSikos), an advocate, is fre- 
quently used as synonymous with the word o-vvrj- 
yopos, to denote any one who pleads the cause of 
another, whether in a court of justice or elsewhere. 
2uy5iice7c also is used indifferently with <yuvr\yop$iv 
or o~vvaya>vi^<jSai. (Andoc. de Mi/st. 19, ed. 
Steph. ; Demosth. c. Aristocr. 689, c. Zenoth. 885, 
c. Steph. 1127.) Thus, the five public advocates, 
who were appointed to defend the ancient laws 
before the Court of Heliasts, when an amendment 
or a new law in abrogation thereof was proposed, 
are called both cycSiKoi and avvryyopoi. As to 
them, see Nomothetes and also Schb'raann, de 
Comit. p. 255, Ant. Jur. Publ. Gr. p. 228. The 
name of avvb'iKoi seems to have been peculiarly 
applied to those orators who were sent by the state 
to plead the cause of their countrymen before a 
foreign tribunal. Aeschines, for example, was ap- 
pointed to plead before the Amphictyonic council 
on the subject of the Delian temple ; but a certain 
discovery having been made not very creditable to 
his patriotism, the court of Areiopagus took upon 
themselves to remove him, and appoint Hyperides 
in his stead. (Demosth. de Coron. 271, 272.) 
These extraordinary advocates are not to be con- 
founded with the Pylagorae, or ordinary Am- 
phictyonic deputies. (Schb'mann, de Comit. p. 321, 
Ant. Jur. Publ. Gr. p. 257.) There were other 
avvSucoi, who acted rather as magistrates or judges 
than as advocates, though they probably derived 
their name from the circumstance of their being 
appointed to protect the interests of the state. 
These were extraordinary functionaries, created 
from time to time, to exercise a jurisdiction in dis- 
putes concerning confiscated property ; as when, 
for instance, an information was laid against a man 
for having in his possession the goods of a con- 
demned criminal, or which were liable to be seized 



in execution on behalf of the state ; or when the 
goods of a convict having been confiscated, a claim 
was made by a mortgagee, or other creditor having 
a lien thereupon, to have his debt satisfied out of 
the proceeds. Such a claim was called iven'icrKriixfia, 
and to prosecute it 4vein(TKT}^aa8ai. (Harpoc. and 
Suidas, s. v.) On this subject the reader is referred 
to the speeches of Lysias de Publ. Pecun., de Nic. 
Fratr. Pecun., de Aristoph. Pecun., and more espe- 
cially pp. 149, 151, 154, ed. Steph. The first ap- 
pointment of these judicial crvvSiKoi took place after 
the expulsion of the thirty tyrants ; and one of their 
duties appears to have been to receive informations 
from the <pv\apxoi against those persons who had 
served in the cavalry during the interregnum, and 
who by a special decree of the people were ordered 
to restore to the treasury all the pay which they 
had received for that service. (Lysias, pro Man- 
tith. 146, ed. Steph.) See Synegorus ; Harpoc. 
s. v. SwSi/coi : Meier, Att. Proc. p. 110 ; Scho- 
mann, de Comit. p. 316. [C. R. K.] 

SYNEDRI (trweSpoi), a name given to the 
members of any council, or any body of men who 
sat together to consult or deliberate. The congress 
of Greeks at Salamis is called avvihpiov. (Herod, 
viii. 75, 79.) Frequent reference is made to the 
general assembly of the Greeks, to icoivhv rwv 
'EWrjvay avvihpwv, at Corinth, Thermopylae, or 
elsewhere. (Aesch. c. Ctesiph. 62, ed. Steph. ; 
Demosth. Tlepl toiv irphs 'AAe^avSpov, 215.) When 
the new alliance of the Athenians was formed after 
B. c. 377, upon fairer and more equitable principles 
than the former, the several states who were in- 
cluded therein were expressly declared to be inde- 
pendent, and a congress was held at Athens, to 
which each of the allied states sent representatives. 
The congress was called (TvveSpiov, and the depu- 
ties avuaSpoi, and the sums furnished by the allies 
avvra^is, in order to avoid the old and hateful 
name of <p6pos or tribute. (Harpocrat.s. v.; Plut.<So/. 
15.) Many allusions to this new league are made 
by the orators, especially Isocrates, who strongly 
urges his countrymen to adhere to the principle on 
which the league was formed, and renounce all 
attempt to re-establish their old supremacy. (De 
Pace, 165, ed. Steph.) Perhaps the oweSpoi men- 
tioned in the oath of the AiKaaral are the Athenian 
members of this congress. (Schbmann, Att. Proc. 
130.) For further information on the subject of 
this confederacy, see Schbmann, Ant. Jur. Publ. Gr. 
p. 434 ; Bbckh, Publ. Econ. of Athens, p. 418, 2d 
ed. ; Thirlwall, Hist, of Greece, vol. v. pp. 42, 203. 

The name of o-vvihpiov was given at Athens to 
any magisterial or official body, as to the court of 
Areiopagus (Aesch. c. Timarch. 13 ; Dinarch. c. 
Demosth. 91, ed. Steph.) ; or to the place where 
they transacted business, their board or council- 
room. (Isocrat. ITepl 'Avt i$6o-eais, 318, ed. Steph. ; 
Demosth. c. Tlteocr. 1324.) [C. R. K.] 

SYNEGO'RICON (criwrryopi/fdV). [Syne- 
gorus.] 

SYNE'GORUS (crvvftyopos), may be trans- 
lated an advocate or counsel, though such transla- 
tion will convey to the English reader a more 
comprehensive meaning than the Greek word 
strictly bears. 

According to the ancient practice of the Athenian 
law, parties to an action were obliged to conduct 
their own causes without assistance : but on the 
increase of litigation the sciences of law and rheto- 
ric began to unfold themselves ; and men, who had 



SYXEGORUS. 



SYKEGORUS. 



1085 



paid no attention to these, were unalile to compete 
with more experienced opponents. To consult a 
friend before bringing an action, or about the best 
mean3 of preparing a defence, were obvious expe- 
dients. It was but another step to have a speech 
prepared by such friend out of court, to be delivered 
by the party himself when the cause was brought 
to trial. A class of persons thus sprang up, some- 
what in the nature of chamber counsel, who re- 
ceived money for writing speeches and giving legal 
advice to those who consulted them. Of this class 
Antiphon was the first who acquired any celebrity. 
Lysias, Isaeus, and Isocrates obtained considerable 
incomes by speech- writing. Demosthenes followed 
the same profession for some time, until his engage- 
ments in public business forced him to relinquish 
it. (Dem. c. Zenoth. 890.) These persons were 
called not awfrfopoi, but \oyoyptupoi, a name ap- 
plied to Demosthenes reproachfully by his rival, 
who accuses him also of betraying his clients by 
showing the speeches which he had written to the 
adversary. (Aesch. c. C'tcsiph. 78, c. Timarch. 13, 
ed. Stcph.) [Logographl] Still, whatever as- 
sistance the party might have received out of 
court, the law which compelled him to appear in 
person at the trial, remained in force ; although 
the prohibition to speak by counsel was so far re- 
laxed, that if the party was labouring under illness, 
or through any physical or mental debility was un- 
able to conduct his own cause without manifest 
disadvantage, he might (by permission of the court) 
procure a relation or friend to speak for him. 
Thus, when Miltiades was impeached for treason, 
and by reason of a gangrene in his hip was unable 
to plead his own cause, he was brought on a litter 
into court, and his brother Tisagoras addressed the 
people on his behalf. So, when Isocrates was ill, 
his son Aphareus spoke for him in the cause about 
the iunihoais. And in the speech of Demosthenes 
against Leochares we see (p. 1081) that the son 
conducts his father's cause. As a general rule, the 
party was expected to address the court himself ; 
for the judges liked to form an opinion of him 
from his voice, look, and demeanour ; and therefore 
if a man distrusted his own ability, he would open 
the case himself by a short speech, and then ask 
permission for his friend to come forward. (De- 
mosth. c. J'ltonn. 922. c. Neaer. 1349 ) This was 
seldom refused ; and in the time of the orators the 
practice was so well established, that the principal 
speeches in the cause were not unfrequcntly made 
by the advocate. The defences by Demosthenes 
of Ctesiphon against Aeschincs, and of Phanus 
against Aphobus, may be cited as examples. In 
both of these it will be seen that Demosthenes 
was as much interested as the defendants them- 
selves ; and it is further to be observed, that the 
advocate was looked upon with more favour on this 
Wtiy account; for as no fees were allowed to be 
taken, a speaker was regarded with suspicion who 
had no apparent motive for undertaking the cause 
of another person. Hence we find in most of the 
auvriyopiKol A0701, that the speaker avows what 
his motives arc ; as for instance, that he is con- 
ri-eted by blood or friendship with the one party, 
or at enmity with the other, or that he has a stake 
in the matter at issue between them. (Sec the 
ripening of the speeches of Isaeus, <ic Niroft. her. 
■H it PkUoct, Mr. ; Isocrates c. Euthyn. and De- 
mosthenes r. Amlml.) In the cause against Leo- 
chares above cited it ii evident that tie- h id 



an equal interest with his father in preserving the 
inheritance, and therefore he would be considered 
in the light of a party. The law which pro- 
hibited the advocate from taking fees, under peril 
of a ypcuprj before the Thesmothetae (Demosth. 
c. Siteph. 1137), made no provision (and perhaps it 
was impossible to make an effective provision) 
against an influence of a more pernicious kind, viz. 
that of political association, which induced men to 
support the members of their club or party without 
the least regard for the right or justice of the case. 
Hence the frequent allusions by the orators to the 
epya<TTripia uvKorpavrwv, /iox^iicjwv avBpiimuv crvv- 
(<TTriK6rwy, TrapaaKeuas \6yoiv, fiaprvpwv, avvw- 
Ijlotuv, all which expressions have reference to that 
system of confederation at Athens, by which indi- 
viduals endeavoured to influence and control the 
courts of justice. (See Eraxi ; Sycophantes ; 
Reiske, Index in Oral. Alt. s. v. 'Zpyaarripiov and 
wapauKfui).) That friends were often requested to 
plead, not on account of any incapacity in the 
party, but in order that by their presence they 
might exert an influence on the bench, is evident 
from an attentive perusal of the orators. In some 
cases this might be a perfectly legitimate course, as 
where a defendant charged with some serious crime 
called a man of high reputation to speak in his be- 
half, and pledge himself thereby that he believed 
the charge was groundless. With such view Acs- 
chines, on his trial for misconduct in the embassy, 
prayed the aid of Eubulus and Phocion, the latter 
of whom he had previously called as a witness. 
(Aesch. dc Fait, Letj. 51, 52, ed. Steph.) 

On criminal trials the practice with respect to 
advocates was much the same as in civil actions; 
only that it seems to have been more common to 
have several speakers on the part of the prosecu- 
tion ; and in causes of importance, wherein the 
state was materially interested, more especially in 
those which were brought before the court upon an 
eiVayyeAi'a, it was usual to appoint public advo- 
cates (called OVvfiyopOL, avvSixoi, or Karftyopoi) to 
manage the prosecution. Thus, Pericles was ap- 
pointed, not at his own desire, to assist in the im- 
peachment of Cimon. (Plut Pericl. 10.) Public 
prosecutors were chosen by the people to bring to 
trial Demosthenes, Aristogiton, and others charged 
with having received bribes from Harpalus. (Di- 
narch. c. Demosth, 90, 9fi, ed. Stcph.) In ordinary 
cases however the accuser or prosecutor (kot^vooos) 
was a distinct person from the trvviryopoi, who act- 
ed only as auxiliary to him. It might be, indeed, 
that the avviyyopos performed the most important 
part at the trial, as Anvtns and Lycon arc said to 
have done on the trial of Socrates, wherein Melitus 
was prosecutor ; or it might be that he performed 
a subordinate part, making only a short speech in 
support of the prosecution, like those of Lysias 
against Epicrates, Ergoclcs, and Philncmtcs, which 
arc called inihoyot. Hut however this might be, 
ho was in point of law an auxiliary only, nnd was 
neither entitled to a share of the reward (if any) 
given by the law to a successful accuser, nor liable, 
on the other hand, to a penalty of a thousand 
drachms, or the itrrifua consequent upon a failure 
to get n fifth part of the votes. Here we must dis- 
tinguish between mi advunite and a joint prosecu- 
tor The latter stood precisely in the same situa- 
tion as his colleague, just as a co-plnintitT in a civil 
action. The names of both would nppear in the 
I bill (tyK\iina), both would attend the tWK/inrii 



108G 



SYNEGORUS. 



SYNGRAPHE. 



and would in short have the same rights and liabi- 
lities ; the elder of the two only having priority in 
certain matters of form, such as the irpunoAoyia. 
(Argum. Or. Dem. c. Androt. 592.) In the pro- 
ceeding against the law of Leptines there were two 
prosecutors, Aphepsion and Ctesippus the son of 
Chabrias ; each addressed the court, Aphepsion 
first, as being the elder ; each had his advocate, 
the one Phormio, the other Demosthenes, who tells 
us in the exordium that he had undertaken to 
speak, partly from a conviction of the impolicy of 
the law, and partly to oblige the son of Chabrias, 
who would have been deprived of certain privileges 
inherited from his father, if the law had taken ef- 
fect. (See Argum. 453.) 

There seems to have been no law which limited 
the number of persons who might appear as advo- 
cates, either in public or private causes. There 
was however this practical limitation, that as the 
time allowed for speaking to either party was mea- 
sured by the clepsydra, if either chose to em- 
ploy a friend to speak for him, he subtracted so 
much from the length of his own speech as he 
meant to leave for that of his friend, and the whole 
time allowed was precisely the same, whatever the 
number of persons who spoke on one side. Both 
parties were usually allowed to make two speeches, 
the plaintiff beginning, the defendant following, 
then the plaintiff replying, and lastly the defendant 
again. These are often called \6yot irpoVepoi and 
vcrrepoi respectively, but are not to be confounded 
with the o~vvr\yopiai or SevTepoAoyi'ai, which might, 
and usually did, immediately follow the speech of 
the party in whose favour they were made, though 
as a matter of arrangement it might be convenient 
sometimes to reserve the speech of the advocate for 
the reply, in which case the ovvriyopiKbs \6yos and 
the vorepos Aoyos would be the same. (Schomann, 
AU. Proc. pp. 707 — 712, 715 ; Platner, Proc. und 
Klag. vol. i. p. 91.) 

With respect to the custom of producing friends 
to speak in mitigation of damages or punishment, 
see Timbma. As to the public advocates ap- 
pointed to defend the old laws before the Court of 
Heliasts, see Syndicus, Nomothbtes. 

The fee of a drachm (to trvvriyopiK6v) mentioned 
by Aristophanes (Vespox, 691) was probably the 
sum paid to the public advocate whenever he was 
employed on behalf of the state. It has been 
shown clearly by Schomann, that Petit was wrong 
in supposing that the orators or statesmen who 
spoke in the assembly are called (rvwoyopot. They 
are always distinguished by the title of p-ftropes or 
Srin^iyopoi, or if they possessed much influence with 
the people, Srifiayaiyoi : and it is not to be sup- 
posed that they constituted a distinct class of 
persons, inasmuch as any Athenian citizen was at 
liberty to address the assembly when he pleased ; 
though, as it was found in practice that the posses- 
sion of the /Sij/tta was confined to a few persons who 
were best fitted for it by their talent and experi- 
ence, such persons acquired the title of pi)Topss, &c. 
{De Comit. pp. 107—109, 210.) There appears 
however to have been (at least at one period) a 
regular appointment of ovvhyopoi, ten in number, 
with whom the Scholiast on Aristophanes (I. c.) 
confounded the gropes or orators. For what pur- 
pose such ten ovi'r)yopoi were appointed, is a matter 
about which we have no certain information. Some 
think they were officers connected with the board 
of Scrutators who audited magistrates' 1 accounts. 



Aristotle (Polit. vi. 8) says the authorities to whom 
magistrates rendered their accounts were called in 
some of the Greek states evBuvot, in others Xoyitrral, 
in others ovvhyopoi or e|eTa<rra(, and the author 
of the Lexicon Rhetoricum, published by Bekker 
(Anecd. i. 301), says that the Synegori were 
&PXOVTCS KAripaTol ol iSoiiBovv ro7s KoyioraU 
trpbs to,s tvBvvas. But what sort of assistance did 
they render ? Is it not probable that they per- 
formed the duty which their name imports, viz. 
that of prosecuting such magistrates as, in the opi- 
nion of the Logistae, had rendered an unsatisfactory 
account? Any individual, indeed, might prefer 
charges against a magistrate when the time for 
rendering his account had arrived ; but the prose- 
cution by a (xvuriyopos would be an ex officio 
proceeding, such as the Logistae were bound to 
institute, if they had any reason to suspect the 
accounting party of malversation or misconduct. 
If this conjecture be well-founded, it is not unrea- 
sonable to suppose that these ten avvhyopoi were 
no other than the public advocates who were em- 
ployed to conduct state prosecutions of a different 
kind. They might be appointed annually, either 
by lot or by election (according to Harpocration, 
s. v. ^vvyyopos). Their duties would be only 
occasional, and they would receive a drachm as 
their fee whenever they were employed. Bbckh's 
conjecture, that they received a drachm a day for 
every day of business, is without much founda- 
tion. [C. R. K.] 

SYNGENEIA (ovyyeWta). [Herbs, p. 595, 
b.] 

SYNGRAPHE (o-vyyptupii), signifies a written 
contract ; whereas ovvB-rtK-n and o~vjj.SoKa.iov do not 
necessarily import that the contract is in writing ; 
and o/xoXoyia is, strictly speaking, a verbal agree- 
ment. Pollux explains the word, o-vvdiiKTi iy- 
ypcupos, bjioXoyia eyypacpos (viii. 140). 

At Athens important contracts were usually re- 
duced to writing ; such as leases (fiioduo'eis), loans 
of money, and all executory agreements, where cer- 
tain conditions were to be performed. The rent, 
the rate of interest, with other conditions, and also 
the penalties for breach of contract ( eVii-i'/wo to 4k 
tt)s avyypcuprjs) were particularly mentioned. The 
names of the witnesses and the sureties (if any) 
were specified. The whole was contained in a 
little tablet of wax or wood (PiGA'iov or ypafx/jtareiov, 
sometimes, double, S'mrvxov), which was sealed, 
and deposited with some third person, mutually 
agreed on between the parties. (Isocrat. Trapez. 
362, ed. Steph. ; Demos, c. Apat. 903, 904, c. 
Dionysod. 1283.) An example of a contract on a 
bottomry loan {vovtik^ avyypa(pr]) will be found 
in Demosth. c. Lacrit. 926, where the terms are 
carefully drawn up, and there is a declaration at 
the end, Kvpidrspov 8e Trepi rovrcav aAAb /j.r]Ski' 
eivai rrjs ovyypatpyjs, " which agreement shall be 
valid, anything to the contrary notwithstanding." 

Anything might form the subject of a written 
contract — a release (&<peais), a settlement of dis- 
putes (SioAixm), the giving up of a slave to be ex- 
amined by torture, or any other accepted challenge 
{irp6K\t)o'is) • in short, any matter wherein the 
contracting parties thought it safer to have docu- 
mentary evidence of the terms. 'E/cSiSoVai av- 
Spiavra Kara. avyypa<pr]y is, to give an order for 
the making of a statue of certain dimensions, of a 
certain fashion, at a certain price, &c, as specified 
in the agreement. (Demosth. de Cor. 268.) No 



SYNOIKIA. 



SYNTHESIS. 



1087 



particular form of words was necessary to make the 
instrument valid in point of law, the sole object 
being to furnish good evidence of the parties' in- 
tention. The agreement itself was valid without 
any writing ; and would form the ground of an ac- 
tion against the party who broke it, if it could be 
sufficiently proved. Hence it was the practice to 
have witnesses to a parol agreement. The law de- 
clared Kvp'ias elvai rds wpbs a\\r)\ovs &po\oyias, 
as av ivamlui uapripwv TtOiriawvTai. (Demosth. c. 
Phacnipp. 1 042, e. Euertj. et Mines. 1162, c. Diom/s. 
1283, c. Onetor. 869.) It seems that for the main- 
tenance of an iuiropiKr) Sitcy it was necessary to have 
a written contract. (Demosth. c. Zcnolh. 882.) 

Bankers were persons of extensive credit, and 
had peculiar confidence reposed in them. They 
were often chosen as the depositaries of agree- 
ments and other documents. Money was put into 
their hands without any acknowledgment, and 
often without witnesses. They entered these and 
also the loans made by themselves to others in 
their books, making memoranda ({nrouviifiaTa) of 
any important particulars. Such entries were re- 
garded as strong evidence in courts of justice. 
Sureties were usually required by them on making 
loans. (Isocr. Trujiez. 369, ed. Steph. ; Demosth. 
c. Apat. 894, pro Phorm. 950, 958, c. Timoth. 
1185, c. Phorm. 908 ; Bockh, Publ. Earn, of 
Athens, p. 128, 2d cd.) 

Xuyypcuprj denotes an instrument signed by both 
or all the contracting parties. Xtip6ypatpov is a 
mere acknowledgment by one party. SvyypdtyaaOai 
avyypaqrnv or auv&T)Ki\v is to draw up the contract, 
ar\uA\vaa6ai to seal \l,avaip(iv to cancel, ai/(\4<rdai 
to take it up from the person with whom it was 
deposited, for the purpose of cancelling, when it 
was no longer of any use. "tiravaiytiv, to break 
the seal clandestinely for some fraudulent purpose, 
as to alter the terms of the instrument, or erase or 
destroy some material part, or even the whole, 
thereof (ntTaypd<pttv or Sia.'pBeipiiv). [Svmbo- 
i.ak-.s.] [C. R.K.] 

SYNOI'KIA (avvomia or rrufoixtVio), a fes- 
tival celebrated every year at Athens on the 1 6th 
of Hccatombacon in honour of Athena. It was 
believed to have been instituted by Theseus to 
commemorate the concentration of the government 
of the various towns of Attica and Athens. 
(Thucyd. iii. 15 ; Steph. Byz. s. v. 'A07jvai.) 
According to the Scholiast on Aristophanes (Par, 
962) an unbloody sacrifice was on this day offered 
to the goddess of peace (tip^vri). This festival, 
which I'lutarch (Thcs. 24) calls utro'iKia, is men- 
tioned both by him and by Thucydidesas still held 
in their days. (Compare Meyer, tie Hon. dmnmtt. 

p. 120.) " l L ;S.] 

SYNOI'KIA (iruvoiKta) ditl'in from oikio in 
this: that the latter ia a dwelling-house for a 
single family : the former adapted to hold several 
families, a lodging-house, innn/n, as the Romans 
would say. The distinction is thus expressed by 
Aeschines (ft TimnrcL 17, cd. Steph.): '&irov niv 
yap roAAol fnirOaindufi'oi pxav olienirw Sic Ati/Kiwi 
tjpnn, (TvvoiKtav KoKoiifitv, bnov o' (h IvoiKfi, 
oixiav. 

There was a great deal of speculation in the 
building and letting of houses at Athens. (Xe- 
noph. fJecon. iii. 1.) The lodging-houses were let 
mostly to foreigners who came to Athens on busi- 
ness, nnd especially to the /utoikoi, whom the law 
did not allow to acquire real property, and who 



therefore could not purchase houses of their own. 
(Demosth. pro Phorm. 946.) As they, with their 
families, formed a population of about 45,01)0, the 
number of avvoiKiai must have been considerable. 
Pasion, the banker, had a lodging-house valued at 
100 minas. Xenophon recommended that the 
fierotKoi should be encouraged to invest their 
money in houses, and that leave should be granted 
to the most respectable to build and become house- 
proprietors (olKoSou-no-auevois eyKeierfiaBat, de 
Yectig. ii. 6.) The (VorfAeTs laboured under no 
such disability ; for Lysias and his brother Pole- 
marchus, who belonged to that class, were the 
owners of three houses. The value of houses must 
have varied according to the size, the build, the 
situation, and other circumstances. Those in the 
city were more valuable than those in the Peiraecus 
or the country, cae'eris paribus. Two counting- 
houses are mentioned by Isaeus (de Hatjn- her. 
88, ed. Steph.) as yielding a return of rather more 
than 81 per cent, interest on the purchase-money. 
But this probably was much below the average. 
The summer season was the most profitable for 
the letting of houses, when merchants and other 
visitors flocked to Athens. The rent was com- 
monly paid by the month. Lodging-houses were 
frequently taken on speculation by persons called 
vavKK-qpoi or o-rad/ioixoi, who made a profit by 
underletting them, and sometimes for not very 
reputable purposes. (Isaeus, de Philoct. her. 58, 
ed. Steph.) Hesychius explains the word vixvkKti- 
pos, i avvoiic'ias irpotmus : see also Ilarpocration, 
s.v. Some derive the word from vaiw \ but it is 
more probable that it was given as a sort of nick- 
name to the class, when they first sprang up. (See 
Stephan. Thesuur. 6608 ; Kciske, Index in Or. 
Alt. s. v. 2woiKia : Bockh, Pull. Eeon. of Athens, 
pp. 65. 141, 2d ed.) [C.K.K.] 

SYNTAGMA (avvTayna). [E.xkrutus, p. 
488. a.] 

SYNTAXEIS (o-vma^tt,). fSv.NEDRi.] 
SYNTELEIA (ffueWAtia). [Tfukharchia.] 
SYNTHE'CE (avv8i]Kr\). [ Symiiolahox.] 
SY'NTHESIS, a garment frequently worn at 
dinner, and sometimes also on other occasions. As 
it was inconvenient to wear the toga at table on 
account of its-many folds, it was customary to have 
dresses especially appropriated to this purpose, 
called testes cocnatorine, or cornatoria (Mart. x. 87. 
12, jot. 135 ; Petr. 21), accubitoria (Petr. 30), or 
Hijnthcses. The Synthesis is commonly explained 
to be a loose kind of robe, like the Pallium ; but 
Becker ((lallus, vol. i. p. 37) supposes from a com- 
parison of a passage of Dion Cassius (Ixiii. 13) 
with one of Suctonius(A r er.51) describing the dress 
of Nero, that it must have been a kind of tunic, an 
imlHinrntum rather than an amictus. [Amictus.] 
That it was, however, an easy and comfortable kind 
of dress, as we should say, seems to be evident 
from its use at table above mentioned, and also 
from its being worn by nil classes at the Satur- 
nalia, n season of universal relaxation nnd enjoy- 
ment. (Mart. xiv. 1, 141, vi. 24.) More thnn 
this respecting its form we cannot say : it was 
usually dyed with some colour (Mart. ii. 46, x. 
29), nnd was not white like the toga. 

The word Synthesis is also npplied to n set of 
wearing apparel or a complete wardrobe. (Dig. 34. 
tit. 3. s. 38.) This use of the word agrees better 
with its etymology (ovvOtois, avrti0r\ai) thnn tho 
one mentioned above. (Ilecker, I.e.) 



1088 



SYRINX. 



SYSSITIA. 



SYRINX (<rvpiy£), the Pan's Pipe, or Pandean 
Pipe, was the appropriate musical instrument of 
the Arcadian and other Grecian shepherds, and was 
regarded by them as the invention of Pan, their 
tutelary god (Virg. Buc. ii. 32, viii. 24), who was 
sometimes heard playing upon it (avpi^ovTos : see 
Theocrit. i. 3. 14, 16 ; Schol. in loc. ; Longus, iv. 
27), as they imagined, on mount Maenalus. (Paus. 
viii. 36. § 5.) It was of course attributed toFau- 
nus, who was the same with Pan. (Hor. Carm. i. 
17. 10.) When the Roman poets had occasion to 
mention it, they called it fistula (Virg. Buc. ii. 36, 
iii. 22, 25 ; Hor. Carm. 'iv. 12. 10 ; Ovid. Met. 
viii. 192, xiii. 784 ; Mart. xiv. 63 ; Tibull. i. 5. 
20.) It was also variously denominated according 
to the materials of which it was constructed, 
whether of cane (tenui arundine, Virg. Buc. vi. 8 ; 
Horn. Hymn.inPana,\B; iroifiavLtp Sov&ki, Brunck, 
Anal. i. 489), reed (calamo, Virg. Buc. i. 10, ii. 
34, v. 2 ; nd.AaiJ.os, Theocrit. viii. 24 ; Longus, 
i. 4), or hemlock (cicuta, Virg. Buc. v. 85). In 
general seven hollow stems of these plants were 
fitted together by means of wax, having been pre- 
viously cut to the proper lengths, and adjusted so 
as to form an octave (Virg. Buc. ii. 32, 36) ; but 
sometimes nine were admitted, giving an equal 
number of notes. (Theocrit. viii. 18 — 22.) Another 
refinement in the construction of this instrument, 
which, however, was rarely practised, was to ar- 
range the pipes in a curve so as to fit the form of 
the lip, instead of arranging them in a plane. 
(Theocrit. i. 129.) A syrinx of eight reeds is 
shown in the gem figured on page 846. The an- 
nexed woodcut is taken from a bas-relief in the 
collection at Appledurcombe in the Isle of Wight. 
(Mus. Worsleyanum, pi. 9.) It represents Pan 
reclining at the entrance of the cave, which was 
dedicated to him in the Acropolis at Athens. He 
holds in his right hand a drinking-horn [Rhyton] 
and in his left a syrinx, which is strengthened by 
two transverse bands. 




The ancients always considered the Pan's Pipe 
as a rustic instrument, chiefly used by those who 
tended flocks and herds (Horn. 11. xviii. 526 ; 
Apoll. Rhod. i. 577 ; Dionys. Perieg. 996 ; Longus, 
i. 2, i. 14 — 16, ii. 24 — 26) ; but also admitted to 
regulate the dance. (Hes. Scut. 278.) The Ly- 
dians, whose troops marched to military music, 
employed this together with other instruments for 
the purpose. (Herod, i. 17.) This instrument was 
the origin of the organ [Hydraula]. 

The term avpiyt, was also applied to levels, or 
narrow subterranean passages, made either in 



searching for metals, in mining at the siege of a 
city (Polyaen. v. 17), or in forming catacombs for 
the dead. (Aelian, H. A. vi. 43, xvi. 15.) [J. Y.] 
SYRMA (cvpjxa), which properly means that 
which is drawn or dragged (from avpai), is applied 
to a dress with a train. The long Peplos worn by 
the Trojan matrons was consequently a dress some- 
what of this kind. (II. vi. 442.) The Syrma, how- 
ever, was more especially the name of the dress 
worn by the tragic actors, which had a train to it 
trailing upon the ground ; whence the word is ex- 
plained by Pollux (vii. 67), as a rpayiKov fp6p-r)ixa. 
4-Kiffvp6fisvov, and is alluded to by Horace (Ar. 
Poet. 215), in the words, 

traxitque vagus per pulpita vestem. 

(Compare Juv. viii. 229.) Hence we find Syrma 
used metaphorically for tragedy itself. (Juv. xv. 
30 ; Mart. iv. 49.) 

SYSSI'TIA (ovcroiTia.). The custom of taking 
the principal meal of the day in public prevailed 
extensively amongst the Greeks from very early 
ages. It existed not only with the Spartans and 
Cretans, amongst both of whom it was kept up till 
comparatively recent times, but also at Megara in 
the age of Theognis (v. 305), and at Corinth in 
the time of Periander, who it seems abolished the 
practice as being favourable to aristocracy. ( Arist. 
Pol. v. 9. § 2.) Nor was it confined to the Hellenic 
nation : for according to Aristotle (Pol. vii. 9), it 
prevailed still earlier amongst the Oenotrians in 
the south of Italy, and also at Carthage, the po- 
litical and social institutions of which state resem- 
bled those of Sparta and Crete. (Pol. ii. 8.) The 
origin of the usage cannot be historically estab- 
lished ; but it seems reasonable to refer it to infant 
or patriarchal communities, the members of which 
being intimately connected by the ties of a close 
political union and kindred, may naturally be sup- 
posed to have lived together almost as members of 
the same family. But however and wherever it 
originated, the natural tendency of such a practice 
was to bind the citizens of a state in the closest 
union ; and accordingly we find that at Sparta, 
Lycurgus availed himself of it for this purpose, 
though we cannot determine with any certainty 
whether he introduced it there, or merely perpe- 
tuated and regulated an institution, which the 
Spartans brought with them from their mother- 
country and retained at Sparta as being suitable to 
their position and agreeable to their national habits. 
The latter supposition is perhaps the more probable. 
The Cretan usage Aristotle (Pol. vii. 9) attributes 
to Minos; this, however, may be considered rather 
" the philosopher's opinion than as an historical 
tradition : " but the institution was confessedly of 
so high antiquity, that the Peloponnesian colonists 
may well be supposed to have found it already 
existing in Crete, even if there had been no Dorian 
settlers in the island before them. (Thirlwall, 
Hist, of Greece, vol. i. p. 287.) 

The Cretan name for the Syssitia was 'AcSpeTa 
(Arist. Pol. ii. 7), the singular of which is used to 
denote the building or public hall where they were 
given. This title affords of itself a sufficient indi- 
cation that they were confined to men and youths 
only : a conclusion justified and supported by all 
the authorities on the subject. (Plat. Leg. vi. p. 
780, d.) It is not however improbable, as Hoeck 
(Crcta, vol. iii. p. 123) suggests, that in some of 
the Dorian states there were syssitia of the young 



SYSSITIA. 



SYSSITIA. 



10U9 



unmarried women as well as of the men. (Comp. 
Pindar, Pi/tk. ix. 18.) All the adult citizens 
partook of the public meals amongst the Cretans, 
and were divided into companies or " messe3," 
called 'Bfreupieu, or sometimes avSpua. (Athen. iv. 
p. 143.) These divisions were perhaps originally 
confined to persons of the same house and kindred, 
hut afterwards any vacancies in them were filled 
up at the discretion of the members. (Hoeck, vol. 
iii. p. 1 26.) The divinity worshipped under the 
name of Zei/s 'Zratpeios (llesych. s. v.) was consi- 
dered to preside over them. 

According to Dosiadas, who wrote a history of 
Crete (Athen. /. c), there were in every town of 
the island (iravraxou) two public buildings, one for 
the lodging of strangers (Koi/irjTtipiov), the other 
a common hall (avSpeiov) for the citizens. In the 
latter of these the syssitia were given, and in the 
upper part of it were placed two tables for the en- 
tertainment of foreign guests (fefixai rpdir^at), 
a circumstance deserving of notice, as indicating 
the extent to which the Dorians of Crete encou- 
raged mutual intercourse and hospitality. Then 
caine the tables of the citizens. But besides these 
there was also a third table on the right of the en- 
trance dedicated to Zeus JeWr, and perhaps used 
for the purpose of making offerings and libations to 
the god. 

The Syssitia of the Cretans were distinguished 
by simplicity and temperance. They always sat at 
their tables, even in later times, when the custom 
of reclining had been introduced at Sparta. (Cic. 
jiro Mur. 3.5.) The entertainment began with 
prayer to the gods and libations. (Athen. iv. p. 
143, e.) Each of the adult citizens received an 
ei)ual portion of fare, with the exception of the 
" Archon," or " Master of the Tables," who was 
perhaps in ancient times one of the K007101, and 
more recently a member of the ytpwvia or council. 
This magistrate received a fourfold portion ; "one 
as a common citizen, a second as President, a third 
for the house or building, a fourth for the furni- 
ture " (rwv okivwv, Heraclid. Pont, iii.) : an ex- 
pression from which it would seem that the care 
of the building and the provision of the necessary 
utensils and furniture devolved upon him. The 
management of all the tables was under the super- 
intendence of a female of free birth (y npocTT-nKuta 
ttji owiriTi'as 71/W)), who openly took the best 
fnrc and presented it to the citizen who was most 
eminent in council or the field. She had three or 
four male assistants under her, each of whom again 
was provided with two menial servants («aAjj<p<5- 
poi, or wood-carriers). Strangers were served 
before the citizen*, and even before the Archon or 
President, (lleracl. Pont. /. c.) On each of the 
tables was placed a cup of mixed wine, from which 
the messmates of the same company drank. At 
the close of the repast this was replenished, but all 
intemperance was strictly forbidden by a special 
law. ( Plat. Minus, p. 2b'.i.) 

Till they had reached their eighteenth year, when 
they were classed in the iyi\ai, the youths accom- 
panied their fathers to the syssitia along with the 
orphan* of the deceased. (Hoeck, vol. iii. p. 111.).) 
In some placet the youngest of the orphans waited 
OB the nun ; in others this was done by all the 
boy*. (Kphor. up. Slnili. x. p. 4113.) When not 
thus engaged, they were seated near to the men 
on n lower bench, and received only a half portion 
of meat : the eldest of the oqdians appear to have 



received the same quantity as the men, but of a 
plainer description of fare. (Athen. iv. p. 143.) 
The boys like the men had also a cup of mixed 
wine in common, which however was not reple- 
nished when emptied. During the repast a general 
cheerfulness and gaiety prevailed, which were en- 
livened and kept up by music and singing. (Alc- 
man, ap. Strab. I. c.) It was followed by conversa- 
tion, which was first directed to the public affairs 
of the state, and afterwards turned on valinnt deeds 
in war and the exploits of illustrious men, whose 
praises might animate the younger hearers to an 
honourable emulation. While listening to this con- 
versation, the youths seem to have been arranged 
in classes (ai/SpeTa), each of which was placed 
under the superintendence of an officer (TratSovdfios) 
especially appointed for this purpose ; so that the 
syssitia were thus made to serve important political 
and educational ends. 

In most of the Cretan cities, the expenses of the 
syssitia were defrayed out of the revenues of the 
public lands and the tribute paid by the Perioeci, 
the money arising from which was applied partly 
to the service of the gods, and partly to the main- 
tenance of all the citizens both male and female. 
(Arist. Pol. ii. 7. 4) ; so that in this respect there 
might be no difference between the rich and the 
poor. From the statement of Aristotle compared 
with Dosiadas (Athen. /. c), it appears probable 
that each individual received his separate share of 
the public revenues, out of which he paid his quota 
to the public table, and provided with the rest for 
the support of the females of his family. This 
practice however does not appear to have prevailed 
exclusively at all times and in all the cities of 
Crete. In Lyctus, for instance, a colony from 
Sparta, the custom was different : the citizens of 
that town contributed to their respective tables a 
tenth of the produce of their estates ; a practice 
which may be supposed to have obtained in other 
cities, where the public domains were not sufficient 
to defray the charges of the syssitia. Ilut both at 
Lyctus and elsewhere, the poorer citizens were ill 
all probability supported at the public cost. 

In connection with the accounts given by the 
ancient authors respecting the Cretan syssitia there 
arises a question of some difficulty, viz. how could 
one building accommodate the adult citizens and 
youths of such towns as Lyctus and Gortvna ? 
The question admits of only two solutions : we are 
cither misinformed with respect to there being only 
one building in each town used as a common hall, 
or the number of Dorian citizens in each town 
muft have been comparatively very small. 

The Spartan Syssitia were in the main so similar 
to those of Crete that one was said to be borrowed 
from the other. (Arist. I'ol. ii. 7.) In later times 
they were called <puSma, or the " spare meals," a 
term which is probably a corruption of ^iiAi'tio, the 
love-feasts, a word corresponding to the Cretan 
iraipf'ia. ( fjottling, '"' Arist. Oram. p. 190; Mlil- 
ler, Dor. iv. 3. § 3.) Anciently they were called 
avhpt'ia, as in Crete, (Plut. l.ijcur. 12.) They 
differed from the Cretan in the following respects. 
Instead of the expenses of the bibles being defrayed 
out of the public revenues, every head of a family 
was obliged to contribute a certain poTtiOD at his 
own cost and charge ; those who wen- not able to 
do so were excluded from the public tables. ( Arist. 
Pok ii. 7. 4.) The guests were divided into com- 
panies generally of fifteen jhtsoiis each, mid all 
4 A 



1090 



SYSSITIA. 



TABELLA. 



vacancies were rilled up by ballot, in which unani- 
mous consent was indispensable for election. No 
persons, not even the kings, were allowed what was 
called an a<p'i$iTos -rinepa. (Hesych. s. v.) or excused 
from attendance at the public tables, except for some 
satisfactory reason, as when engaged in a sacrifice, 
or a chase, in which latter case the individual was 
required to send a present to his table. (Plut. I. c. 
Agis, c. 10.) Each person was supplied with a 
cup of mixed wine, which was filled again when 
required ; but drinking to excess was prohibited at 
Sparta as well as in Crete. The repast was of a 
plain and simple character, and the contribution of 
each member of a mess or (peiStrris was settled by 
law. (Wachsmuth, voL ii. pt. ii. p. 24, 1st ed. ; 
Plut. I. c.) The principal dish was the /xiXas 
foliar or black broth, with pork. (Athen. iv. p. 
141.) The eirdticKov or aftermeal (from the Doric 
&XkKov, a meal) was however more varied, and 
richly supplied by presents of game, poultry, fruit, 
&c, and other delicacies which no one was allowed 
to purchase. Moreover, the entertainment was 
enlivened by cheerful conversation, though on 
public matters. (Xen. Rep. Lacon. v. 6.) Sing- 
ing also was frequently introduced, as we learn 
from Alcman {Frag. 31), that "at the banquets 
and drinking entertainments of the men it was fit 
for the guests to sing the paean." The arrange- 
ments were under the superintendence of the 
Polemarchs. 

The use and purposes of the institutions de- 
scribed above are very manifest. They united 
the citizens by the closest ties of intimacy and 
union, making them consider themselves as mem- 
bers of one family, and children of one and the 
same mother, the state. They maintained a strict 
and perfect separation between the higher and the 
subject classes both at Sparta and in Crete, and 
kept up in the former a consciousness of their su- 
perior worth and station, together with a strong 
feeling of nationality. At Sparta also they were 
eminently useful in a military point of view, for 
the members of the syssitia were formed into cor- 
responding military divisions, and fought together 
in the field, as they had lived together at home, 
with more bravery and a keener sense of shame 
(aiS&s), than could have been the case with merely 
chance comrades. (Herod, i. 65.) Moreover " they 
gave an efficacy to the power of public opinion 
which must have nearly superseded the necessity 
of penal laws." (Thirlwall, vol. L p. 289.) With 
respect to the political tendencies, they were de- 
cidedly arranged upon aristocratical principles, 
though no individual of a company or mess was 
looked upon as superior to his fellows. Plutarch 
(Quaes. Si/mpos. vii. p. 332) accordingly calls them 
aweSpia apurroKpaTiKa, or aristocratical meetings, 
and compares them with the Prytaneium and Thes- 
mothesium at Athens. 

The simplicity and sobriety, which were in early 
times the characteristic both of the Spartan and 
Cretan Syssitia, were afterwards in Sparta at least 
supplanted by luxury and effeminate indulgence. 
The change was probably gradual, but the kings 
Areus and Acrotatus (B.C. 300) are recorded 'as 
having been mainly instrumental in accelerating it. 
The reformer Agis endeavoured but in vain to re- 
store the old order of things, and perished in the 
attempt. In his days Sparta contained 4500 
families, out of which he proposed to make fifteen 
syssitia, whence Miillcr infers that formerly, when , 



the number of families was 9000, the number of 
syssitia was thirty ; and consequently that Hero- 
dotus, when he spoke of Lycurgus having instituted 
the " syssitia " for war, alluded to the larger divi- 
sions and not the single banqueting companies ; a 
conclusion justified by the context. Miiller more- 
over supposes, that in this sense the Syssitia at 
Sparta corresponded to the divisions of the state 
called obae, and sometimes (pparpiai, which were 
also thirty in number. (Dorians, iii. 5. § 6, and 
12. §4.) 

(Hoeck, Creta, vol. iii. pp. 120—139; Hiillman's 
Anf tinge, § 138 ; Thirlwall, Hist, of Greece, vol. i. 
pp. 288, 331 ; Hermann, Lehrbueh der Oriech 
Stoats. §§ 22, 28.) [R. W.] 

SYSTY'LOS. [Templum.] 



T. 

TABELLA, dim. 'of TABULA, a billet or 
tablet, with which each citizen and judex voted in 
the comitia and courts of justice. In the comitia, 
if the business was the passing of a law, each citi- 
zen was provided with two Tabellae, one inscribed 
V. R. i. e. Uti Rogas, " I vote for the law," the 
other inscribed A. i. e. Antiqno, " I am for the old 
law." (Compare Cic. ad Att. i. 14.) If the busi- 
ness was the election of a magistrate, each citizen 
was supplied with only one tablet, on which the 
names of the candidates were written, or the ini- 
tials of their names, as some suppose from the ora- 
tion pro Domo, c. 43 ; the voter then placed a mark 
(punctum) against the one for whom he voted, 
whence puncta are spoken of in the sense of votes. 
(Cic. pro Plane. 22.) For further particulars re- 
specting the voting in comitia, see Diribitores, 

ClSTA, SlTELLA, and SUFFRAGIUM. 

The judices were provided with three Tabellae : 
one of which was marked with A. i.e. Absolvo, 
" I acquit ;" the second with C. i. e. Condemno, 
" I condemn ;" and the third with N. L. i. e. Non 
Liquet, " It is not clear to me." The first of these 
was called Tuhella absoluloria and the second Ta- 
bella damnatoria (Suet. Octav. 33), and hence 
Cicero (pro Mil. 6) calls the former litera salutaris, 
and the latter litera tristis. It would seem that, in 
some trials the Tabellae were marked with the let- 
ters L. and D. respectively, i.e. Libero and Damno, 
since we find on a denarius of the Caelian gens a 
Tabella marked with the letters L. D. ; and as we 
know that the vote by ballot in cases of Perduellio 
was first introduced by C. Caelius Caldus [Tabel- 
lariae Leges], the Tabella on the coin undoubt- 
edly refers to that event. There is also a passage 
in Caesar (B. C. iii. 83), which seems to intimate 
that these initial letters were sometimes marked 
on the tabellae : " Unam fore tabellam, qui liber- 
andos omni periculo censerent ; alteram, qui capitis 
damnarent,'" &c. (Compare Spanheira, Numism. 
vol. ii. p. 199.) 




BRITISH MUSEUM. 



TABERXA. 



TABULAE. 



io.ni 



The preceding cut contains a copy of a coin of the 
Cassian gens, in which a man wearing a toga is re- 
presented in the act of placing a tabella, marked 
with the letter A. (i. e. ahsolco), in the cista. The 
letter on the tabella is evidently intended for A. 

For the other meanings of Tabella see Tabula. 

TABELLA'RIAE LEGES, the laws by which 
the ballot was introduced in voting in the comitia. 
As to the ancient mode of voting at Rome, see 
Suffragium. There were four enactments known 
by the name of Tabellariae Leges, which are enu- 
merated by Cicero (de Leg. iii. Hi). They are 
mentioned below according to the order of time in 
which they were passed. 

1. Gabinia Lex, proposed by the tribune Ga- 
binius B. c. 139, introduced the ballot in the elec- 
tion of magistrates (Cic. /. c.) ; whence Cicero (Ayr. 
ii. 2) calls the tabella " vindex tacitae libertatis." 

2. Cassia Lex, proposed by the tribune L. C'as- 
sius Longinus B. c. 137, introduced the ballot in 
the " Judicium Populi," with the exception of cases 
■•f Pcrduellio. The "Judicium Populi" undoubt- 
edly applies to cases tried in the comitia by the 
whole body of the people [Judex, p. 6'49], al- 
though Ernesti (Index Leg.) wishes to give a dif- 
ferent interpretation to the words. This law was 
supported by Scipio Africanus the younger, for 
which he was censured by the aristocratical party. 
(Cic. de Leg. iii. lo". Brut. 25, 27, pro Scxtio, 48 ; 
Ascon. in Cornel, p. 7ff, ed. Orelli.) 

3. Papiria Lex, proposed by the tribune C. 
Papirius Carbo B.C. 1 31, introduced the ballot in the 
enactment and repeal of laws, i Cic. de Leg. iii. 10.) 

4. Caema Lex, proposed by C. Caelius Caldus 
B. c. 107, introduced the ballot in cases of Perduel- 
jio, which had been excepted in the Cassian law. 
(Cic. /. c) 

There was also a law brought forward by Marius 
B.C. 119, which was intended to secure freedom 
and order in voting. (Cic. de Leg. iii, 17 ; Plut. 
Mar. 4.) 

TABELLAHIUS, a letter-carrier. As the 
Romans had no public post, they were obliged to 
employ special messengers, who were called Tabcl- 
larii, to convey their letters (laMlae, literae), when 
they had not an opportunity of sending them other- 
wise. (Cic. PML ii. 31 ; Cic. ad Fam. xii. 12, 
xiv. 22.) 

TAMK'LLIO, a notary. (Suidas. s. v.) Under 
the empire the Tabelliones succeeded to the busi- 
ness of the Scribae in the times of the republic. 
[Schibae.] They were chiefly employed in draw- 
ing up legal documents, and for X\\\s purpose usu- 
ally took their stations in the market-places of 
towns. (Cod. 4. tit. 21. s. 17 ; Novell. 73. c 5, 
&a) They formed a special order in the state. 
(Uothofr. ad Cod. Theod. 12. tit I. s. 3.) 

TAI1ERNA is defined by Ulpian as any kind 
of building fit to dwell in " nempc ex eo, nuod 
/'/Wi'jclauditur" (Dig. 50. tit 10. jj 183), oraccord- 
ing to the more probable etymology of Festus, be- 
cause it was made of planks. (Festus, «. r. Conlu- 
Irntnlrs, '/'.//« macula.) Festm (.». r. Ailtil* nrtli. ) 
asserts that this was the most ancient kind of 
abode used among the Romans, and that it was 
from the early use of such dwellings that the words 
IuIk tiiu and Uilrrnandum were applied to military 
tents, though the latter were constructed of skins. | 
Wo know very little of the form and mntrrials of 
the ancient tents ; but we may infer from the no- 
tices we have of them that they were generally | 



composed of a covering of skins partly supported 
by wooden props, and partly stretched on ropes. 
Sometimes, in a permanent camp, they may have 
been constructed entirely of planks ; and some- 
times, in cases of emergency, garments and rushes 
were spread over any support that could be ob- 
tained. (Lipsius, de Milit. Roman, in Oper. vol. 
iii. pp. 154 — 155.) From taljerna, when used in 
this sense, are derived tahernuculum, the more com- 
mon name of a tent, and Contubernales. 

The usual meaning of talierna is a shop. Ori- 
ginally the shops were stalls or booths in or round 
the market place [Agora ; Forum] ; afterwards 
they were permanently established both on the 
sides of the market-place, and in other parts of the 
city. Neither the ancient authors nor the remains 
of Pompeii lead us to suppose that tradesmen often 
had their shops fanning part of their houses, as 
with us. A few houses are indeed found in Pom- 
peii entirely devoted to the purposes of trade, con- 
sisting, that is, of the shop and the rooms occupied 
by the tradesman and his family. Most commonly, 
however, the shops formed a part of a large house, 
to the owner of which they belonged, and were by 
him let out to tradesmen. [Domus, p. 430.] 
Some of the shops round a house were retained by 
the owner for the sale of the produce of his estates. 
This arrangement of the shops was probably an im- 
provement on an older plan of placing them against 
the walls of houses. Even under the emperors we 
find that shops were built out so far into the street 
as to obstruct the thoroughfare. Martial (vii. d'l) 
mentions an edict of Domitian by which this prac- 
tice was put down, and the shops were confined 
within the areas of the houses. 

The following arc the most remarkable classes 
of shops of which we have notices or remains. 

1. Shops for the sale of wine, hot drinks, and 
ready-dressed meat [Caupona.] 

2. Bakers' shops. Of these several have been 
found at Pompeii, containing the mill as well as 
the other implements for making bread. [Mola ; 

PlSTOR.] 

3. Booksellers' shops. [Libeh.] 

4. Barbers' and Hairdressers' shops. [Barba.] 

EP.S.] 

TABERNA'CULUM.[Taiieiina;Tkmplum.] 
TABLI NUM. [Domus, p. 4211, a.] 
TA'BULAE. This word properly means planks 
or boards, whence it is applied to several objects, 
as gamiii'.'-tablei (Juv. i. .'HI ), pictures (Cic. <!■■ I'm. 
v. 1 ; Propert. i. 2. 22), but more especially to 
tablets used for writing, of which alone we have to 
speak here. The word Tabulae was applied to 
any lint substance used for writing upon, whether 
stone or metal, or wood covered with wax. Livy 
(i. 24) indeed distinguishes between Tabulae and 
Cera, by the former of which he seems to menu 
tablets of stone or metal ; but Tabular and TaM/ac 
more frequently signify waxen tablets (tabulae 
eeralae), which were thin pieces of wood usually 
of an oblong shape, covered over with wax (rent). 
The wax was written on by means of the stilus. 
[Stilus.] These tabulae were sometimes m.ido 
of ivory and citron-wood (Mart. xiv. 3.5), but 
generally of a wood of a more common tree, as 
the beech, fir, &c. The outer sides of the tablets 
consisted merely of the wood ; it was only t In- 
inner sides that were covered over with wax. 
They were fastened together at the back by means 
of wires, which answered the purpose of hinges, so 
I a 2 



1092 



TABULAE. 



TABULARIUM. 



that they opened and shut like our books ; and 
to prevent the wax of one tablet rubbing against 
the wax of the other, there was a raised margin 
around each, as is clearly seen in the woodcut under 
Stilus. There were sometimes two, three, four 
five, or even more, tablets fastened together in the 
above-mentioned manner. Two such tablets were 
called Diptycha (h'nnvxa), which merely means 
" twice- folded" (from n-rinua} "to fold"), whence 
we have tttvktiov, or with the t omitted, wktIov. 
The Latin word pugillares, which is the name fre- 
quently given to tablets covered with wax (Mart, 
xiv. 3 ; Geil. xvii. 9 ; Plin. Ep. i. 6), may perhaps 
be connected with the same root, though it is 
usually derived from pugillus, because they were 
small enough to be held in the hand. Such tablets 
are mentioned as early as the time of Homer, who 
speaks of a iriVa| tttvktos. (27. vi. 169.) Three 
tablets fastened together were called Triptycha 
(Tpiirrvxa), which Martial (xiv. 6) translates by 
triplices (cerae) ; in the same way we also read of 
Pentaptycha (irev rairrvxa) called by Martial ( xiv. 4 ) 
Quintuplices (cerae), and of Polyptycha (iroAvrrTuxa) 
or Multiplices (cerae). The pages of these tablets 
were frequently called by the name of cerae alone ; 
thus we read of prima cera, altera cera, "first page," 
" second page." (Compare Suet. Ner. 17.) In ta- 
blets containing important legal documents, espe- 
cially wills, the outer edges were pierced through 
with holes (foramina), through which a triple 
thread (linum) was passed, and upon which a seal 
was then placed. This was intended to guard 
against forgery, and if it was not done such docu- 
ments were null and void. (Suet. Ner. 17 ; Paulus, 
Sent. Rec. v. 25. § 6 ; Testamentum.) 

Waxen tablets were used among the Romans 
for almost every species of writing, where great 
length was not required. Thus letters were fre- 
quently written upon them, which were secured 
by being fastened together with packthread and 
sealed with wax. Accordingly we read in Plautus 
(Bacchid. iv. 4. 64) when a letter is to be written, 

" Effer cito stilum, ceram, et tabellas, et linum." 

The sealing is mentioned afterwards (1. 96). (Com- 
pare Cic. in Catil. iii. 5.) Tabulae and tabellae are 
therefore used in the sense of letters. (Ovid. Met. 
ix. 522.) Love-letters were written on very small 
tablets called ViteUiani (Mart. xiv. 8,9), of which 
word however we do not know the origin. Ta- 
blets of this kind are presented by Amor to Poly- 
phemus on an ancient painting. (Mus. Borbon. 
vol. i. tav. 2.) 

Legal documents, and especially wills, were al- 
most always written on waxen tablets, as men- 
tioned above. Such tablets were also used for 
accounts, in which a person entered what he re- 
ceived and expended (Tabulae or Codex accepti et 
expensi, Cic. pro Rose. Com. 2), whence Novae 
Tabulae mean an abolition of debts either wholly 
or in part. (Suet. Jul. 42 ; Cic. de Of. ii. 23.) 
The above are merely instances of the extensive 
use of waxen tablets ; it is unnecessary to pursue 
the subject further. 

Two ancient waxen tablets have been discovered 
in a perfect state of preservation, one in a gold 
mine four or five miles from the village of Abrud- 
banya in Transylvania, and the other in a gold 
mine in the village itself. Of this interesting dis- 
covery an account has been published by Massmann 
in a work intitled " Libellus Aurarius, sive Tabulae 



Ceratae, et antiquissimae et nnice Romanae in 
Fodina Auraria apud Abrudbanyam, oppidulum 
Transsylvanum, nuper repertae," Lipsiae (1841). 
An account of these tablets, taken from Massmann's 
description, will serve as a commentary on what 
has been said above. Both the tabulae are tri- 
ptycha, that is, consisting of three tablets each. 
One is made of fir- wood, the other of beech- wood, 
and each is about the size of what we call a small 
octavo. The outer part of the two outside tablets 
of each exhibits the plain surface of the wood, the 
inner part is covered with wax, which is now al- 
most of a black colour, and is surrounded with a 
raised margin. The middle tablet has wax on 
both sides with a margin around each ; so that 
each of the two tabulae contains four sides or four 
pages covered with wax. The edges are pierced 
through, that they might be fastened together by 
means of a thread passed through them. The wax 
is not thick in either ; it is thinner on the beechen 
tabulae, in which the stilus of the writer has some- 
times cut through the wax into the wood. There 
are letters on both of them, but on the beechen ta- 
bulae they are few and indistinct ; the beginning 
of the first tablet contains some Greek letters, but 
they are succeeded by a long set of letters in un- 
known characters. The writing on the tabulae 
made of fir-wood is both greater in quantity and in 
a much better state of preservation. It is written 
in Latin, and is a copy of a document relating to 
some business connected with a collegium. The 
name of the consuls is given, which determines its 
date to be A. D. 169. One of the most extraordi- 
nary things connected with it is, that it is written 
from right to left. The writing begins on what we 
should call the last or fourth page, and ends at the 
bottom of the third ; and by some strange good 
fortune it has happened that the same document 
is written over again, beginning on the second 
page and ending at the bottom of the first ; so that 
where the writing is effaced or doubtful in the one 
it is usually supplied or explained by the other. 

Waxen tablets continued to be used in Europe 
for the purposes of writing in the middle ages ; but 
the oldest of these with which we are acquainted 
belongs to the year 1301 A. D., and is preserved in 
the Florentine Museum. 

The tablets used in voting in the comitia and 
the courts of justice were also called tabulae as 
well as tabellae. [Tabellae.] 

TA'BULAE PU'BLICAE. [Tabulaeium.] 

TABULA'RII were notaries or accountants, 
who are first mentioned under this name in the 
time of the empire. (Sen. Ep. 88 ; Dig. 11. tit. 6. 
s. 7 ; 50. tit. 13. s. 1. § 6.) Public notaries, who 
had the charge of public documents, were also 
called tabularii (Dig. 43. tit. 5. s. 3), and these 
seem to have differed from the tabelliones in the 
circumstance that the latter had nothing to do 
with the custody of the public registers. Public 
tabularii were first established by M. Antoninus 
in the provinces, who ordained that the births of 
all children were to be announced to the tabularii 
within thirty days from the birth. (Capitol. M. 
Anton. 9.) Respecting the other duties of the 
public tabularii, see Cod. Theod. 8. tit. 2, and 
Gothofr. ad loc. 

TABULA'RIUM, a place where the public 
records (tabulae publieae) were kept. (Cic. pro C. 
Rabir. 3, pro Arch. 4.) These records were of 
various kinds, as for instance Senatusconsulta, Ta- 



TAG US. 



TAG US. 



1033 



bulae Censoriae, registers of births, deaths, of the J 
names of those who assumed the toga virilis, &c. | 
(See Abram. ad Cic. Mil. 27.) There were various 
tabularia at Rome, all of which were in temples ; 
we find mention made of tabularia in the temples 
of the Nymphs (Cic. pro Mil. "27), of Lucina, of 
Juvenilis, of Libitina, of Ceres, and more especially 
in that of Saturn, which was also the public trea- 
sury. (Servius, ad Virg. Gcorrj. ii. 502 ; Capitol. 
M. Anion. Pkil. 9.) [Aerariim.] 

A tabularium was also called by other names, as 
Grammatophylacium, Archium, or Archivuru. (Dig. 
40. tit. 19. s. 9.) In a private house the name of 
TaUinum was given to the place where the family 
records and archives were kept. [Domus, p. 
428, a.] 

TAEDA or TKDA (Sa'is, All. Sas, dim. Saoiov), 
a light of fir-wood, called on this account pinea 
tavla. (Catull. lix. 15 ; Ovid. Fait. ii. .558.) Be- 
fore the adoption of the more artificial modes of 
obtaining light, described under Candela, Fax, 
Funai.e, and Lucerna, the inhabitants of Greece 
and Asia Minor practised the following method, 
which still prevails in those countries, and to a 
certain extent in Scotland and Ireland, as well as 
in other parts of Europe, which abound in forests j 
of pines. (Fellows, lire, in Asia Minor, pp. 140, 
933 — 335.) A tree having been selected of the | 
species Pinus Maritima, Linn., which was called 
■trtux-n bv the ancieDt Greeks from the time of j 
Homer ('//. xi. 494, xxiii. 328), and which retains 
this name, with a slight change in its termination, 
to the present day, a large incision was made near ■ 
its root, causing the turpentine to flow so as to ac- 
cumulate in its vicinity. This highly resinous 
wood was called oos, i. e. torch-wood ; a tree so 
treated was called (voaoos, the process itself 4v5a- 
Sovv or SqSovpyc'iu, and the workmen employed in 
the manufacture, SaSoupyot. After the lapse of 
twelve months the portion thus impregnated was 
cut out and divided into suitable lengths. This 
was repeated for three successive years, and then, 
as the tree began to decay, the heart of the trunk 
was extracted, and the roots were dug up for the 
same purpose. (Theophrast. II. P. i. 6. § 1, iii. 
9. § 3, 5, it, 16. § 1, x. 2. § 2, 3 ; Athen. xv. 
700, f.) These strips of resinous pinewood are 
now called 5o5io by the Greeks of Mount Ida. 
(Hunt and Sibthorp, in \Val}xAes Mem. pp. 120, 
235.) 

When persons went out at ni j;ht, they took these 
lights in their hands (Aristoph. licclea. 088, 970), 
more particularly in a nuptial procession. (Horn. //. 
x v i i i . 492 ; lies. Scut. 275 ; Aristoph. /'ax, 1317 ; 
Ovid. Met. it. 328 ; Fast. vi. 223.) Hence taedne 
felicet signified "a happy marriage" (Catull. 01. 
25; compan: Prudent, c. Symm. ii. 105); and 
these lights, no less than proper torches, arc at- 
tributed to Love and Hymen. (Ovid. Mri. iv. 
758.) [J. Y.] 

TAE'NIA. [Vitta ; Stropiiiiim.] 
TAOUS (ray6s), a leader or general, was more 
especially the name of the military leader of the 
Thessalians. Under this head it is proposed to 
give a short account of the Thessalian constitu- 
tion. 

The Thessalians were aThesprotian tribe ( I lerod. 
vii. 170 ; Veil. Pat. i. 3), and originally came 
from the Thcsprotian Ephyra. Under the guid- 
ance of leaders, who are said to have been descend- 
ants of Hercules, they invaded the western part 



of the country afterwards called Thessaly, and 
drove out or reduced to the condition of Penestae 
or bondsmen the ancient Aeolian inhabitants (t?;v 
ToVe fiiv AioKiSa vvv Si QeTTaXiav Kakovinivnv, 
Diod. iv. 57). The Thessalians afterwards spread 
over the other parts of the country, and took pos- 
session of the most fertile districts, and compelled 
the Peraebi, Magnetes, Achaean Phthiotae, and 
other neighbouring people to submit to their autho- 
rity and to pay them tribute. (Thucvd. ii. 101, 
iv. 78, viii. 3 ; Aristot. Pol. ii. 6.) The popula- 
tion of Thessaly therefore consisted, like that of 
Laconica, of three distinct classes. I. The Penes- 
tae, whose condition was nearly the same as that 
of the Helots. [Penestae.] 2. The subject 
people, who inhabited the districts which were not 
occupied by the Thessalian invaders. They paid 
tribute, as stated above, but were personally free, 
though they had no share in the government. 
They corresponded to the Prrioeci of Laconica, by 
which name they are called by Xenophon. {Hell. 
vi. 1. § 19.) [Perioeci.] 3. The Thessalian 
conquerors, who alone had any share in the public 
administration, and whose lands were cultivated 
by the Penestae. 

For some time after the conquest Thessaly seems 
to have been governed by kings of the race of Her- 
cules, who may however have been only the heads 
of the great aristocratical families, invested with 
the supreme power for a certain time. Under one 
of these princes, named Aleuas, the country was 
divided into four districts, Phthiotis, Histiaeotis, 
Thessaliotis, and Pclasgiotis. (Aristot. ap. Harpo- 
crut. s. v. T€Tpapxia: Strab. ix. p. 430.) This 
division continued till the latest times of Thessalian 
history, and we may therefore conclude that it was 
not merely a nominal one. Each district may per- 
haps have regulated its affairs by some kind of pro- 
vincial council, but respecting the internal govern- 
ment of each we are almost entirely in the dark. 
(Thirlwall, Hist, of Greece, vol. i. p. 437.) 

When occasion required, a chief magistrate was 
elected under the name of Tagus (rayds), whose 
commands were obeyed by all the four districts. 
He is sometimes called king (£a<riAft/s, Herod, v. 
63), and sometimes o.px6s. (Dionya. v. 74.) 1 1 is 
command was of a military rather than of a civil 
nature, and he seems only to have been appointed 
when there was a war or one was apprehended. 
Pollux (i. 128) accordingly in his list of military 
designations classes together the Hoeotarchs of the 
Thebans, the King of the Lacedaemonians, the 
Polcmarch of the Athenians (in reference to hjs 
original duties), and the Tagus of the Thessalians. 
We do not know the extent of the power which 
the Tagus possessed constitutionally, nor the time 
for which he held the office ; probably neither was 
precisely fixed, and depended on the circumstances 
of the times and the character of the individual. 
(Thirlwall, vol. i. p. 438.) He levied soldiers from 
the states in each district, and seems to have fixed 
the amount of tribute to be paid by the allies. 

(Xenopb. Ilrll. vi. 1. § 19.) When Jiion wu 
tagus he had an army of more than 801)0 cavalry 
and not less than 20,000 hoplites (Xenoph. /. e,t 
and Jason himself says that when Thessaly is 
ondel a tagus then- is an army of 6000 cavalrv and 
10,000 hoplites. (/,/. vi. 1. §8.) The tribute 
which Jason levied from the subject towns was 
the same as had been previously paid by one of 
the Scopadae, whom Mtittu.ann supposes to be the 
4 a 3 



1094 



TAGUS. 



TALAIUA. 



same Scopasas the one mentioned by Aelian ( V. II. 
xii. 1) as a contemporary of Cyrus the younger. 
When Thessaly was not united under the govern- 
ment of a tagus the subject towns possessed more 
independence. (Xenoph. Hell. vi. 1. §9.) In later 
times some states called their ordinary magistrates 
rayoi (Bockh, Corp. Inscr. n. 1770), which may 
have been done however, as Hermann suggests, 
only out of affectation. 

Thessaly however was hardly ever united under 
one government. The different cities administered 
their own affairs independent of one another, 
though the smaller towns seem to have frequently 
been under the influence of the more important 
ones (tcIi' e'| ifiwv (rail/ QapaaKiuiv) r\pTi)yLivusv 
7roA6wc, Xenoph. Hell. vi. 1. § 8). In almost all 
the cities the form of government was aristocratical 
(5ui/ao"Teta [laWov 7] Itfovofxla &xpu >vr0 T0 ^yx^P li)V 
oi 0eo-<ra\oi', Thucyd. iv. 78), and it was chiefly 
in the hands of a few great families, who were 
descended from the ancient kings. Thus Larissa 
was subject to the Aleuadae, whence Herodotus 
(vii. 6) calls them kings of Thessaly ; Cranon or 
Crannon to the Scopadae, and Pharsalus to the 
Creondae. (Compare Theocr. xvi. 34, &c.) These 
nobles had vast estates cultivated by the Penestae ; 
they were celebrated for their hospitality and lived 
in a princely manner (<piho£evos re km fieyaAo- 
irpe7njs toc QtTTaAiKov rpoirov, Xenoph. Hell. vi. 1. 
§ 3), and they attracted to their courts many of 
the poets and artists of southern Greece. The 
Thessalian commonalty did not however submit 
quietly to the exclusive rule of the nobles. Con- 
tests between the two classes seem to have arisen 
early, and the conjecture of Thirlwall (vol, i. p. 
438), that the election of a tagus, like that of a dic- 
tator at Rome, was sometimes used as an expedient 
for keeping the commonalty under, appears very 
probable. At Larissa the Aleuadae made some con- 
cessions to the popular party. Aristotle (Pol. v. 5) 
speaks, though we do not know at what time he 
refers to, of certain magistrates at Larissa, who 
bore the name of iro\tTO(pvAa.K£s, who exercised a 
superintendence over the admission of freemen, 
and were elected themselves out of the body of the 
people, whence they were led to court the people 
in a way unfavourable to the interests of the aris- 
tocracy. There were also other magistrates at 
Larissa of a democratical kind, called AapuxtroirowL. 
(Aristot. Pol. Yd. 1.) Besides the contests between 
the oligarchical and democratical parties, there 
were feuds among the oligarchs themselves ; and 
such was the state of parties at Larissa under the 
government of the Aleuadae two generations be- 
fore the Persian war, that a magistrate was chosen 
by mutual consent, perhaps from the commonalty, 
to mediate between the parties (apx<£V /ueci'Sios, 
Aristot. Pol. v. 5). At Pharsalus too at the close 
of the Peloponnesian war the state was torn asun- 
der by intestine commotions, and for the sake of 
quiet and security the citizens entrusted the acro- 
polis and the whole direction of the government to 
Polydamas, who discharged his trust with the 
strictest integrity. (Xenoph. Hell. vi. 1. § 2, 3.) 

The power of the aristocratical families however 
seems to have continued with little diminution till 
towards the close of the Peloponnesian war, when 
decided democratical movements first begin to ap- 
pear. At this time the Aleuadae and the Scopadae 
had lost much of their ancient influence. Pherae 
and Pharsalus then became the two leading states 



in Thessaly. At Pherae a tyranny, probably arising 
from a democracy, was established by Lycophron, 
who opposed the great aristocratical families, and 
aimed at the dominion of all Thessalv. (Xenoph. 
Hell. ii. 3. § 4 ; Diod. xiv. 82.) The latter ob- 
ject was accomplished by Jason, the successor and 
probably the son of Lycophron, who effected an 
alliance with Polydamas of Pharsalus, and caused 
himself to be elected tagus about B. c. 374. While 
he lived the whole of Thessaly was united as one 
political power, but after his murder in B. c. 370 
his family was torn asunder by intestine discords 
and did not long maintain its dominion. The 
office of tagus became a tyranny under his succes- 
sors, Polvdorus, Polyphron, Alexander, Tisiphonus, 
and Lycophron ; till at length the old aristocratical 
families called in the assistance of Philip of Mace- 
donia, who deprived Lycophron of his power in 
B.C. 353, and restored the ancient government in 
the different towns. At Pherae he is said to have 
restored popular or at least republican government. 
(Diod. xvi. 38.) The country however only changed 
masters ; for a few years later (b. c. 344) he made 
it completely subject to Macedonia by placing at 
the head of the four divisions of the country, te- 
trarchies or tetradarchies, which he re-established, 
governors devoted to his interests and probably 
members of the ancient noble families, who had 
now become little better than his vassals. (Dem. 
Philip, ii. p. 71, iii. p. 117; Harpocrat. s. v.) 
Thessaly from this time remained in a state of de- 
pendence on the Macedonian kings (Polyb. iv. 76), 
till the victory of T. Flaminius at Cynoscephalae in 
b. c. 197 again gave them a show of independence 
under the protection of the Romans. (Liv. xxxiii. 
34, xxxiv. 51, Polyb. xviii. 30.) 

(Buttmann, Mythologus, No. xxii. Von dem 
Geschlecht der Aleuaden ; Voemel, de T/iessaliae 
Incolis antiqu. Frankf. 1829 ; Horn, de Thessalia 
Macedonum imperio subjecta, Gryphiae, 1829 ; 
Tittmann, Darstellnng d. Griech. Staatsverf. p. 713, 
&c. ; Schbmann, Antiq. Juris publ. Graec. p. 401, 
&c. ; Hermann, Lehrbuch d. griech. Slaaisalt. § 178.) 

TALA'RIA, small wings, fixed to the ancles 
of Mercury and reckoned among his attributes. 
(ire'Si/Va, Athen. xii. p. 537, f. ; irTrjeaireSiAos, Orph. 
Hymn, xxvii. 4 ; Ovid. Met. ii. 736 ; Fulgent. 
Mythol. i.) In many works of ancient art they 
are represented growing from his ancles, as if they 
were a part of iiis bodily frame ; but more fre- 
quently they are attached to him as a part of his 
dress, agreeably to the description of the poets 
(Horn. II. xxiv. 340, Od. v. 44 ; Virg. Aen. iv. 
239) ; and this is commonly done by representing 
him with sandals, which have wings fastened to 
them on each side over the ancles. But there is a 
most beautiful bronze statue of this divinity in the 




talus. 

museum at Naples, in which the artist, instead of 
the sole of a sandal, lias made the straps unite in a 
rosette under the middle of the foot (see the wood- 
cut), evidently intending by this elegant device to 
represent the messenger of the gods as borne 
through space without touching the ground. 

Besides Mercury the artists of antiquity also 
represented Perseus as wearing winced sandals 
(Mon. Malth. iii. 28 ; Inghirami, Vast FitUli, i. 
tav. 70, iv. tav. 1 6G) ; because he put on those 
of Mercury, when he went on his aerial voyage 
to the rescue of Andromeda. (Ovid. Met. iv. 
665— G77 ; Hes. Scut. 216— 220 ; Eratosth. Caiast. 
22 ; Hygin. Poet. Astron. ii. 12.) The same ap- 
pendage was ascribed to Minerva, according to 
one view of her origin, viz. as the daughter of 
Pallas. (Cic. de Nat. Deor. iii. 23 ; Tzetzes, Schol. 
in Lyeoph. 355.) [J. Y.] 

TALARUS \rd\apoi). [Calathus.] 
TALA'SSIO. [Matrimonii;*, p. 743. b.J 
TALENTL'M. [Libra, 2d art. ; Pondera ; 
K l' mm us.] 

TA'LIO, from Talis, signifies an equivalent, but 
it is used only in the sense of a punishment or 
penalty the same in kind and degree as the mis- 
chief which the guilty person has done to the body 
of another. A provision as to Talio occurred in 
the Twelve Tables: Si membrum rupit ni cum eo 
pacit talio esto. (Festus, s.v. Talionis.) This pas- 
sage does not state what Talio is. Cato as quoted 
by Priscian (vi. p. 710, Putsch) says: Si quis 
membrum rupit aut os fregit, talione proximus 
cognatus ulciscatur. The law of Talio was probably 
enforced by the individual or his friends : it is not 
probable that the penalty was inflicted under a 
decision of a court of justice. It seems likely that 
it bore some analogy to the permission to kill an 
adulterer and adultress in certain cases, which the 
Julia Lex confirmed ; and if so, the law would 
define the circumstances under which an injured 
person or his cognati might take this talio. The 
punishment of death for death was talio ; but it is 
not said that the cognati could inflict death for 
death. Talio, as a punishment, was a part of the 
Mosaic law : " breach for breach, eye for eye, 
tooth for tooth : as he hath caused a blemish in a 
man, so shall it be done to him again." (Lent. 
xxiv. 20 ; Rein, I)us Criminalrecftt tier Rimer, pp. 
37,358, 816, 915.) [G. L]. 

TALUS (aarpayaKos), a huckle-bone. The 
huckle-bones of sheep and goats have often been 
found in Greek and Roman tombs, both real, and 
imitated in ivory, bronze, glass, and agate. Those 
of the antelope (SopxaSeioi) were songht as objects 
of elegance and curiosity. (Theoph. Char. 5. ; 
Athen. v. p. 193, f.) They were used to play with 
from the earliest times, principally by women and 
children (Plut. Alcilj. p. 350), occasionally by old 
men. (Cic de SenecL \6.) A painting by Alex- 
ander of Athens, found at Rcsina, represents two 
women occupied with this game. One of them, 
having thrown the bones upwards into the air, has 
• .in.-.: three of them on the back of her hand. (Ant. 
il' i'.rc i. tav. 1.) See the following woodcut, and 
compare the account of the game in Pollux (ix. c. 7). 
Polygnotus executed a similar work at Delphi, re- 
presenting the two daughters of Pandanis thus em- 
ployed (iraifoi/iroi ietTpeeydKots, I' m-, x. 30. § I ). 
But a much more celebrated production was the 
group uf two naked boys, executed in bronze by 
Pulycletus, and called the Astrayultzontc). (Plin. 



TALUS. 1095 




//. N. xxxiv. 8. s. 19.) A fractured marble group 
of the same kind, preserved in the British Museum, 
exhibits one of the two boys in the act of bitin<» 
the arm of his play-fellow so as to present a lively 
illustration of the account in Homer of the fatal 
quarrel of Patroclus. (//. xxiii. 87, 88.) To play 
at this game was sometimes called ■jrevToAifli^ij', 
because five bones or other objects of a similar kind 
were employed (Pollux, I.e.) ; and this number is 
retained among ourselves. 

Whilst the tali were without artificial marks, the 
game was entirely one of skill ; and in ancient no 
less than in modern times, it consisted not merelv 
in catching the five bones on the back of the hand 
as 6hown in the wood-cut, but in a great variety of 
exercises requiring quickness, agility, and accuracy 
of sight. When the sides of the bone were 
marked with different values, the game became 
one of chance. [Alea ; Tessera.] The two ends 
were left blank, because the bone could not rest 
upon either of them on account of its curvature. 
The four remaining sides were marked with the 
numbers 1, 3, 4, 6 ; 1 and 6 being on two oppo- 
site sides, and 3 and 4 on the other two opposite 
sides. The Greek and Latin names of the num- 
bers were as follows (Pollux, /. c. ; Eustath. 
in Horn. Ik xxiii. 88 ; Sueton. Auyust. 71 ; .Mart, 
xiii. 1.6): — 1 . Moear, us, kvwv, XToj (Brunck, 
Anal. i. 35, 242) ; Ion. OIjtj: Unio, Vutturius, 
canis (Propert. iv. 9. 17; Ovid. Art. Amat. ii. 
•205, Fast, ii.473) : 3. Tpioj : Tenia; 4. TtTpds: 
Quatcrnio ; 6. 'E{dr, e'£iT7jr, K£ot : Settio. 

As the bone is broader in one direction than in 
the other, it was said to fall upright or prone 
(opBos 7) irpTjirijs, rectus aut jirunws), according as it 
rested on the narrow or the broad side. (Pint. 
St/mjios. l'rob. p. 1209, cd. Steph. ; Cic. de Fin. 
iii. 16.) 

Two persons played together at this game, ueing 
four bones, which they threw up into the air, or 
emptied out of a dice-box. [Fritii.lu.h], and ob- 
serving the numbers on the uppermost sides. The 
numbers on the four sides of the four bones admitted 
of thirty-five different combinations. The lowest 
throw of all m foor aces ( jaoii ooltoriot quatuor, 
Plaut. Cure. ii. 3. 78). But the value of a throw 
(06\ot, jicliu,) was not in all cases the sum of 
the four numbers turned up. The highest in value 
was that called Venus, or jaclus Venerea* (Plaut. 
Ann. v. 2. 55 ; Cic de Vic. ii. 59 ; Sueton. /. c), 
in which the numbers cast up were all different 
( Mart. xiv. I I), the sum of them being only four- 
teen. It was by obtaining this throw that the king 



1036 



TAMIAS. 



TAMIAS. 



of the feast was appointed among the Humana 
(Hor. Carm. i. 4. 18, ii. 7. 2,5) [Symposium], and 
hence it was also called Basilicus. (Plant. Cure. ii. 
3. 80.) Certain other throws were called by par- 
ticular names, taken from gods, illustrious men and 
women, and heroes. Thus the throw, consisting 
of two aces and two trays, making eight, was de- 
nominated Slesichorus. When the object was 
simply to throw the highest numbers, the game 
was called irheioTogoK'wfta. (Pollux, vii. 206, ix. 
95, 1 10, 117.) Before a person threw the tali, he 
often invoked either a god or his mistress. (Plaut. 
Capt. i. 1. 5, Cure. ii. 3. 77 — 79.) These bones, 
marked and thrown as above described, were also 
used in divination. (Sueton. Tiber. 14.) [J. Y.] 

TA'MIAS (tojCu'ot), was a name given to any 
person who had the care, managing, or dispensing 
of money, stock, or property of any description, 
confided to him ; as a steward, butler, housekeeper, 
storehousekeeper, or treasurer. And the word is 
applied metaphorically in a variety of ways. But 
the Tafxiai, who will fall under our notice in this 
article, are certain officers entrusted with import- 
ant duties by the Athenian government ; and more 
especially the treasurers of the temples and the 
revenue. 

In ancient times every temple of any importance 
had property belonging to it, besides its furniture 
and ornaments ; and a treasury where such pro- 
perty was kept. Lands were attached to the 
temple, from which rents accrued ; fines were made 
payable to the god ; trophies and other valuables 
were dedicated to him by the public ; and various 
sacred offerings were made by individuals. There 
was a ra/j.ias tepav xPV^twv, who, together with 
«7no"raTc« and UpioiroioL, had the custody and 
management of these funds. The wealthiest of all 
the temples at Athens was that of Athena in the 
Acropolis, in which were kept the spoils taken 
from the Persians (to apio-rua ttjs Tro'Aeois), be- 
sides magnificent statues, painting, and other 
works of art. (Demosth. c. Timocr. 741.) To the 
Goddess large fines were specially appropriated by 
the law or given by decree of the courts or the 
assembly ; and besides this she received a tenth of 
all the fines that went to the state, a tenth of all 
confiscations and prizes taken in war. Her trea- 
surers were called racial ttjs &eou, or twp rrjs 
or -ra/Aiai hpwv xP r )! x °-' rwv T '? s &eo0, and 
sometimes simply ra^tcu. (Demosth. c. Androt. 
<315.) They appear to have existed from an early 
period. Herodotus (viii. 51, 53) relates that the 
Ta.p.'iat tov lepov with a few other men awaited the 
attack of Xerxes upon the Acropolis, and perished 
in its defence. They were ten in number, chosen 
annually by lot from the class of Pentacosiome- 
dimni, and afterwards when the distinction of 
classes had ceased to exist, from among the wealth- 
iest of Athenian citizens. (Harpocr. and Suid. s. v. 
Ta/ucu.) The treasurers of the other gods were 
chosen in like manner ; but they, about the 90th 
Olympiad, where all united into one board, while 
those of Pallas remained distinct. (Demosth. c. 
Timocr. 743.) Their treasury, however, was trans- 
ferred to the same place as that of Athena, viz. to 
the Opisthodomus of the Parthenon, where were 
kept not only all the treasures belonging to the 
temples, but also the state treasure (ocria xPVI J - aTa , 
as contra-distinguished from iepd), under the care 
of the treasurers of Pallas. (Aristoph. Pint. 1194.) 
All the funds of the state were considered as being 



in a manner consecrated to Pallas ; while on the 
other hand the people reserved to themselves the 
right of making use of the sacred monies, as well 
as the other property of the temples, if the safety 
of the state should require it. (Thucyd. ii. 13.) 
Payments made to the temples were received by 
the treasurers in the presence of some members of 
the senate, just as public monies were by the 
Apodectae ; and then the treasurers became re- 
sponsible for their safe custody. As to fines see 
Epibolb, Practores, and on the whole of this 
subject, Bb'ckh, Publ. Econ. of Alliens, pp. 160 
—164. 

The treasurer of the revenue, rantus or e7ri- 
iU6A.t;tt)s T7js Koivijs rrpoaoSov, was a more import- 
ant personage than those last mentioned. He was 
not a mere keeper of monies, like tliem, nor a mere 
receiver, like the Apodectae ; but a general pay- 
master, who received through the Apodectae all 
money which was to be disbursed for the purposes 
of the administration (except the property-taxes 
which were paid into the war-office, and the tri- 
bute from the allies, which was at first paid to the 
Hellenotamiae, and afterwards to other persons 
hereafter mentioned), and then distributed it in 
such manner as he was required to do by the law ; 
the surplus, (if any) he paid into the war-office or 
the Theoricfund. As this person knew all the chan- 
nels in which the public money had to flow, and 
exercised a general superintendence over the ex- 
penditure, he was competent to give advice to the 
people upon financial measures, with a view to im- 
prove the revenue, introduce economy, and prevent 
abuses ; he is sometimes called TO/Ui'ar T7js Sioncrj- 
aews, or o eirl rrjs SioiKTi'ireair, and may be re- 
garded as a sort of minister of finance. To him 
Aristophanes refers in Eqa.it. 947. He was 
elected by x iL ? 0T0V ^"-, an< i held his office for four 
years, but was capable of being re-elected. A law, 
however, was passed during the administration of 
Lycurgus, prohibiting re-election ; so that Lycur- 
gus, who is reported to have continued in office 
for twelve years, must have held it for the last 
eight years under fictitious names. The power of 
this officer was by no means free from control ; 
inasmuch as any individual was at liberty to pro- 
pose financial measures, or institute criminal pro- 
ceedings for malversation or waste of the public 
funds; and there was an dvriypcupeus rrjs Siomv- 
(reais appointed to check the accounts of his supe- 
rior. Anciently there were persons called TlopioTai 
who appear to have assisted the Tafiiai in some part 
of their duties. (Bo'ckh, id. 166) [Poristae.] 

The money disbursed by the treasurer of the 
revenue was sometimes paid directly to the various 
persons in the employ of the government, some- 
times through subordinate pay offices. Many pub- 
lic functionaries had their own paymasters, who 
were dependent on the rafxias rrjs -rrpoaoSov, re- 
ceiving their funds from him, and then distributing 
them in their respective departments. Such were 

the Tpi7)pO7TO[0i', TtlXOTTOlOl, 65oirOloi, T<X(pp01TOloi, 

67re,ueAT/Tai vtuipiwv, who received through their 
own rafx'iM such sums as they required from time 
to time for the prosecution of their works. The pay- 
ment of the judicial fees was made by the Colacretae 
(KuKaKperai), which, and the providing for the 
meals in the Prytaneum, were the only duties that 
remained to them after the establishment of the 
Apodectae by CJeisthenes. (Aristoph. Vesp. 695, 
724.) The racial of the sacred vessels, rrs 



TAPES. 



TAPES. 



1097 



Ylapi\ov and SaAajuii/i'as, acted not only as 
treasurers, but as trierarchs ; the expenses (amount- 
ing for the two ships together to about sixteen 
talents) being provided by the state. They were 
elected by x f 'P OTOt '' a (Demosth. c. Mid. 570 ; 
Pollux, viii. 116.) Other trierarchs had their own 
private Ta^i'ai, for the keeping of accounts and 
better dispatch of business. ( Biickh, Id. p. 171, 
&c; Schomann, Ant. Jur. pull. Or. pp. 250, 312.) 

The duties of the "E.h\-nvvTautai are spoken of 
in a separate article. [Hellenotamiae.] 

The war fund at Athens (independently of the 
tribute) was provided from two sources, 1st, the 
property-tax [Eisphora], and 2dly, the surplus 
of the yearly revenue, which remained after de- 
fraying the expenses of the civil administration, 
Tct irfptovTGL x( r 'l aaTa T rjs Sioijejfoww. Of the ten 
2TpaT7r>ol, who were annually elected to preside 
over the war department, one was called arpar-nyo^ 
6 iwl t>js SioiKtjafus, to whom the management 
of the war fund was entrusted. He had under 
him a treasurer, called rauios tup otp<xt.wtikuiv. 
who gave out the pay of the troops, and defrayed 
all other expenses incident to the service. De- 
mosthenes, perhaps on account of some abuses 
which had sprung up, recommended that the 
generals should have nothing to do with the mili- 
tary fund, but that this should be placed under the 
care of special officers, TafJai «oi SjjuoVioi, who 
should be accountable for its proper application : 
tov yJtv tuv xPV^tuv \6yov napi tovtuv 
>.au?avnv, tov St twv ipywv irapa tov OTpa.TT\yov. 
(he Chermm. 101.) The passage just cited con- 
firms the opinion of those who think that in De- 
mosth. de Coron. 238, 265, the words o eiri Trjs 
8ioiioj<xe(o5 refer to a o-TpaT-nyot so designated, 
and not to the Tauias ttjs irpoaoSov. (Schomann, 
Ant. Jur. put/. Or. p. 252, n. 7 ; Bbckh, Id. p. 
Dili ; Meier, All. Pruc. p. 105.) 

So much of the surplus revenue, as was not re- 
quired for the purposes of war, was to be paid by 
the treasurer of the revenue into the Theoric fund ; 
of which, after the Archonship of Euclides, special 
managers were created. [Theorica.] 

Lastly, we have to notice the treasurers of the 
demi, h/,u<*v roui'ai, and those of the tribes, <pv\wv 
Tauiai, who had the care of the funds belonging to 
their respective communities, and performed duties 
analogous to those of the state treasurers. The 
demi, us well as the tribes, had their common 
land", which were usually let to farm. The rents 
of these formed the principal part of their revenue. 
♦uAop^oi. Sw a PX°'i a "d other local functionaries 
were appointed for various purposes; but with re- 
spect to their internal economy we have but scanty 
information, (Schomann, de Comit. pp. 37 1 — 378, 
Ant. Jur. t ,M. dr. pp. 203. 204.) | C. It. K.| 

TAPES or T A PETE (Non. Marcell. p. 229, 
ed. Merceri), to's-tii, totij, or Sctiris, dim. SairtSiur, 
a piece of tapestry, a carpet. 

The use of tapestry was in very ancient times 
characteristic of Oriental rather than of European 
habits (Athen. ii. p. 48, n.) ; we find that the 
Asiatics, including the Egyptians and also the 
Carthaginians, who were of Asiatic origin, excelled 
in the manufacture of carpets, displayed them on 
festivals and other public occasions, and gave them 
as presents to their friends. (Xen. Anah. vii 3. 
8 1H, 27.) They were nevertheless used by the 
(ireeks as early as the age of Homer (//. xvi. 22 I, 
xxiv. 230, 645, Od. iv. 291!, \ii. 337), and by 



some of the later Roman Emperors tney were given 
as presents to the combatants at the Circensian 
Games. (Sidon. Apoll. Curm. sxiii. 427.) Tin? 
places most renowned for the manufacture were 
Babylon (Arrian, Exped. Alex. vi. p. 436, ed. 
Blanc. ; Sidon. Apoll. Ejnst. ix. 1 3), Tyre and 
Sidon (Heliodor. v. p. 252, ed. Coninielin.), 
Sardes (Athen. ii. p. 48, b., vi. p. 255, e., xii. 
p. 514, c. ; Non. Marcell. p. 542), Miletus (Aris- 
toph. Han. 542). Alexandria (Plaut. Pseud, i. 2. 
13). Carthage ( Athen. i. p. 28, a), and Corinth. 
(Athen. i. p. 27, d.) In reference to the texture, 
these articles were distinguished into those which 
were light and thin with but little nap, chiefly 
made at Sardes and called <J/iAoTd7nSes (Athen. vi. 
p. 255, e., xii. p. 514, c. ; Diog. Laert. v. 72), and 
those in which the nap (u.aK\6s) was more abund- 
ant, and which were soft and woolly (ouAoi, Horn. 
//. xvi. 224 ; na\a.Kov epioio, Od. iv. 124). The 
thicker and more expensive kinds (,uaAAan-o£) re- 
sembled our baize or drugget, or even our soft and 
warm blankets, and were of two sorts, viz. those 
which had the nap on one side only ( (T(po/xa\ Aoi ), 
and those which had it on both sides, called 
autpWatoi (Athen. v. p. 1 97, b., vi. p. 255, e. ; Diog. 
Laert. v. 72, 73), amphitapue (Non. Marcell. p. 
540 ; Lucil. Sat. i. p. 188, ed. Bip.), ordu.(piTa.mjTe s 
(Eustath. M Horn. II. ix. 200), and also dn<piua\\ot 
or amphimaUa. (Plin. II. N. viii. 48. s. 73.) In- 
stead of being always used, like blankets, in single 
pieces as they came from the loom [Pallium], 
carpets were often sewed together. (Plaut. Stick, 
ii. 2. 54.) They were frequently of splendid 
colours, being dyed either with the kermes (Hor. 
Sat. ii. 6. 102 — 106) or with the murex (d\ovpyt?s, 
a\wop<pupot), and having figures, especially hunt- 
ing-pieces, woven into them. (Sidon. Apoll. /. c. ; 
Plaut Pseud, i. 2. 14.) These fine specimens of 
tapestry were spread upon thrones or chairs, and 
upon benches, couches, or sofas, at entertainments 
(Horn. //. ix. 200, Od. xx. 150 ; Virg. Acn. i. 639, 
G97— 700 ; Otid. Met. xiii. 638 ; Cic. Tusc. v. 21 ), 
more especially at the nuptials of persons of dis- 
tinction. Catullus {Aryan. 47 — 220) represents 
one to have been so employed, which exhibited the 
whole story of Theseus and Ariadne. They were 
even used to sleep upon (Horn. //. x. 156 ; Anac. 
viii. 1, 2 ; Thcocrit. xv. 125 ; Aristoph. Plut. 540 ; 
Virg. Aen. ix. 325, 358), and for the clothing of 
horses. (Aen. vii. 277.) The tapestry used to 
decorate the bier and catafalque at the Apotheosis 
of a Roman Emperor was interwoven with gold. 
(Herodian, iv. 2, p. 82, ed. Bekker.) The orientals 
upon occasions of state and ceremony spread 
carpets both over their floors and upon the ground. 
(Aescbyl. Aijam. 879 — 936 ; Athen. iv. p. 131, b., 
xii. p. 514, c.) 

Besides the terms which have now been explained, 
the same articles of domestic furniture had deno- 
minations arising from the mode of using them, 
either in the Tlili i.lNIi M (tricliiiiurui Halit/lonica, 
Plin. II. A', viii. 48. s. 74) or in the Cubiculum 
(cubicularia jxtlymila, Mart. xiv. 150), and espe- 
cially from the constant practice of spreading them 
out (textile strayidum, Cic. Tusc. V. 21 ; stratum, 
('. NepOftj Ayes. viii. 2 ; iv.«7i'j strayula, Li v. xxxiv. 
7 ; llor. Sat. ii. 3. 118 ; OTpwuval, Pint. I.i/rury. 
p. 86, cd. Steph. ; Athen. iv. p. 142. a., aTpwtuna, 
ii. p. 48, d). The (ireek term peristruma, which 
was transferred into the Latin (Diog. Laert. I.e. ; 
Plaut. Stick, ii. 2. 54 ; Cic /•/,«/. ii. 27), had a 



1098 



TEGULA. 



TEGULA. 



special signification, meaning probably a coverlet 
made so large as to hang round the sides of the 
bed or couch. [J. Y.] 

TAPHUS (racpos). [Funus, p. 556, a.] 
TARENTTNI LUDI. [Lum Saeculares.] 
TARRHUS (raffls). [Navis, p. 788, a.] 
TAURII LUDI. [Ludi Saeculares.] 
TAXIARCHI (Toji'opxo(),were military officers 
at Athens, who were next in rank to the Strategi. 
[Strategus.] They were ten in number like the 
strategi, one for each tribe, and were elected in the 
same way, namely by x* l F 0T0Via - (Dem. Philip.i. 
p. 47 ; Pollux, viii. 87.) In war each commanded 
the infantry of his own tribe (Dem. in Boeot. p. 
999 ; Aesch. de Fals. Leg. p. 333), and they were 
frequently called to assist the Strategi with their 
advice at the war-council. (Thucyd. vii. 60.) In 
peace they assisted the Strategi in levying and 
enlisting soldiers, as is stated under Strategus, 
and they seem to have also assisted the latter in 
the discharge of many of their other duties. 

The Taxiarchs were so called from their com- 
manding Ta|eis, which were the principal divisions 
of the hoplites in the Athenian army. Each tribe 
(<pv\r)) formed a Ta|is, whence we find <pvXr) used 
as synonymous with Ta|(S. (Lys. in Agorat. pp. 
498, 501.) As there were ten tribes, there were 
consequently in a complete Athenian army ten 
Tofeis, but the number of men contained in each 
would of course vary according to the importance 
of the war. Among the other Greeks the Ta£is 
was the name of a much smaller division of troops. 
The Ao'xos among the Athenians was a subdivision 
of the Ta'|ir, and the Koxayoi were probably ap- 
pointed by the taxiarchs. (Schumann, Ant. Jur. 
publ. Grace p. 253, &c.) 

TAXIS (tc£| 1s ). [Taxiarchi.] 
TECTOR, TECTO'RIUM OPUS. [Paries, 
p. 870, a.] 

TE'GULA (Kepa/ios, dim. Kepa/x'ts, Xen. Hellen. 
vi. 5. § 9), a roofing-tile. Roofing-tiles were origi- 
nally made, like bricks, of baked clay (yrjs dirTrjs). 
Byzes of Naxos first introduced tiles of marble 
about the year 620 B. c. (Pans. v. 10. § 2.) Be- 
sides the superior beauty and durability of the 
material, these tiles could be made of a much 
larger size than those of clay. Consequently, when 
they were employed in the construction of the 
greatest temples, such as that of Jupiter at Olympia 
(Paus. I.e.), the Parthenon at Athens, and the 
Serapeium at Puteoli, their dimensions were in 
exact proportion to the other parts of the building ; 
and the effect of the parallel rows of joint-tiles 
descending from the ridge to the eaves, and termi- 
nated by ornamental frontons, with which the lions'- 
heads (cupita leonina, Vitruv. iii. 5. § 15 ; x°Aepai, 
Horapoll. Hier. i. 21) over the cornice alternated, 
was exceedingly grand and beautiful. How highly 
this invention was prized by the ancients is proved 
by the attempt of the Roman censor Q. Fulvius 
Flaccus to despoil the temple of the Lacinian Juno 
of some of its marble tiles (tegulae marmoreae), in 
order to adorn another temple which he had vowed 
to erect in Rome. (Liv. xlii. 4 ; Val. Max. i. 1. 
§ 20.) A still more expensive and magnificent 
method of roofing consisted in the use of tiles 
made of bronze and gilt. (Plin. H.N. xxxiii. 3. 
s. 18.) 

At Rome the houses were originally roofed with 
shingles, and continued to be so down to the time 
of the war with Pyrrhus, when tiles began to super- 



sede the old roofing material. (Plin. H.N.xvi. 10. 
s. 36 ; Niebuhr, Hist, of Home, vol. iii. p. 559.) 

Tiles were originally made perfectly flat, or with 
nothing more than the hook or nozle underneath 
the upper border, which fulfilled the purpose of 
fixing them upon the rafters. They were after- 
wards formed with a raised border on each side, as 
is shown in the annexed woodcut representing the 
section of four of the tiles remaining at Pompeii. 




In order that the lower edge of any tile might 
overlap the upper edge of that which came next 
below it, its two sides were made to converge 
downwards. See the next woodcut representing 
a tiled roof, from a part of which the joint-tiles are 
removed in order to show the overlapping and the 
convergence of the sides. It was evidently neces- 
sary to cover the lines of junction between the 
rows of flat tiles, and this was done by the use of 
semicylindrical tiles called imbrices. The above 
woodcut shows the section of three imbrices found 
at Pompeii, and indicates their position relatively 
to the flat tiles. This is also shown in the next 
woodcut. The roof, by the exact adaptation of 




the broad tegulae and the narrow imbrices through- 
out its whole extent, became like one solid and 
compact frame- work. (Xen. Mem. iii. 1. § 7 ; con- 
fringit tegulas imbricesque, Plaut. Most. i. 2. 28 ; 
Plin. H. N. xxxvi. 22. s. 44.) The rows of joint- 
tiles divided the roof into an equal number of 
channels, down which the water descended into 
the gutter (canalis) to be discharged through open- 
ings made in the lions'-heads, the position and ap- 
pearance of which are shown in the woodcuts. 
The rows of flat tiles terminated in a variously 
ornamented front, which rose immediately above 
the cornice, and of which four specimens are shown 
in the first woodcut. The first and fourth patterns 
are drawn from tiles found at Pompeii, and the 
two internal from tiles preserved in the British 



TELA. 

Museum and brought tiiither from Athens. The 
lions' heads upon the third and fourth are per- 
forated. [Antefixa.] The frontons, which 
were ranged along the cornice at the termination 
of the rows of joint-tiles, were either painted or 
sculptured so as to represent leaves, aplustria 
[Aplustre], or masks. The first woodcut shows 
three examples of such frontons, which belong 
to the Elgin collection in the British Museum. 
They are drawn on a much larger scale than the 
other objects in the same woodcut. The invention 
of these graceful ornaments is ascribed to Dibutades 
of Corinth. (Plin. //. X. xxxv. 1 2. s. 43. ) 

Other highly curious details upon the tiled roofs 
of Greek temples may be seen in the L'nedUed 
Antii/uities of Attica, Lon. 1817. 

The same arrangement of tiles which was placed 
round a temple was also to be found within a house 
which was formed with an opening in the centre. 
Hence any person who descended from the roof 
into the open court or impluvium of a house, was 
said to pass " through the tiles " (per tegulas. Tel. 
Eun. iii. 5. 40 ; compare Gellius, x. 15 ; Sia tup 
Kepafiav, St. Luke, v. II*). 

Pliny mentions a kind of tiling under the name 
pavonaceum (II. N. xxxvi. 22. s. 44), so called pro- 
bably because the tiles were semicircular at their 
lower edge, and overlapped one another like the 
feathers in the train of a peacock. Ancient se- 
pulchres and urns, made in the form of small temples 
[FuwUB], often represent very exactly the ap- 
pearance of a roof with the above-mentioned va- 
rieties in the form of the tiles. [J. Y.] 

TEICHOPOEUS (r(ixoTroiis). Among the 
various persons to whom was entrusted the ma- 
nagement of public works at Athens (imo-Tdrai 
Zrinooiav ipywv), were those whose business it was 
to build and keep in repair the public walls. It is 
needless to observe how important to the city of 
Athens were her walls and fortifications, more 
especially the long walls, which connected the 
upper city with the Peiraeeus, and which gave it the 
advantages of an island. These were maintained 
at considerable expense. The raxonoiol appear 
to have been elected by x f, P onrov ' la * one fr° m cacn 
tribe, and probably for a year. They were con- 
sidered to hold a magisterial office (dpxrf), and 
in that capacity had an jytiuwia Siicao-TTjpioi/. 
Aeschines calls them ^iruTTaTai rov ncyiirrov tuiv 
toyui/. Funds were put at their disposal, for which 
they had their treasurer (Tctjw'at), dependent on 
the treasurer of the revenue. They were liable to 
render an account (fiOivri) of their management of 
these funds, and also of their general conduct, like 
other magistrates. The office of tuxotoios has been 
invested with peculiar interest in modern times, on 
account of its having been held by Demosthenes, 
and its having given occasion to the famous prose- 
cution of Ctesiphon, who proposed that Demosthenes 
should receive the honour of a crown before he had 
rendered his account according to law. As to the 
nature of the office, and the laws thereto relating, 
we may probably rely upon the account given by 
Aeschines. ( Aesch. c. ('tesiph. 55 — 57. ed. Steph. ; 
llikkh, I'M. Econ. of AUieni, pp. 170, 203, 2d 
ed.) [C.R. K.] 

TELA ( larit), a loom. Although weaving was 
nmongst the Greeks and Romans a distinct trade 
carried on by a separate class of persons {vipairrai, 
Irjrtore* and Irjtricrs, tiiitmm-s), who morr particu- 
larly supplied the inhabitants of the towns with 



TELA. 1099 

the productions of their skill (Cato, de lie liust. 
135), yet every considerable domestic establish- 
ment, especially in the country, contained a loom 
(Cato, de lie liust. 10, 14) together with the whole 
apparatus necessary for the working of wool (lani- 
ficium, TaKwria, raXaaiovfr/ia) . (Hesiod, Op. et 
Dies, 779 ; Wrg.Georg. L 285,294.) [Calathus.] 
These occupations were all supposed to be carried 
on under the protection of Minerva, specially deno- 
minated 'Epyav-n, who was always regarded in this 
character as the friend and patroness of industry, 
sobriety, and female decorum. (Serv. in Virg. Ed. 
vi. 3.) 

When the farm or the palace was sufficiently 
large to admit of it, a portion of it called the larwv 
(histories, Varro, de Re liust. i. 2) or textrinum, was 
devoted to this purpose. (Cic. Verr. iv. 26.) The 
work was there principally carried on by female 
slaves (quasilluriae, a'i epifloi, Theocrit. xv. 80 ; 
Horn. Od. i. 356 — 360, vii. 235, xxi. 350) under 
the superintendence of the mistress of the house, 
who herself also together with her daughters took 
part in the labour, both by instructing beginners 
and by finishing the more tasteful and ornamental 
parts. (Vitruv. vi. 7. p. 164, ed. Schneider ; Sym- 
machus, Epist. vi. 40.) But although weaving was 
employed in providing the ordinary articles of 
clothing among the Greeks and Romans from the 
earliest times, yet as an inventive and decorative 
art, subservient to luxury and refinement, it was 
almost entirely Oriental. Persia, Babylonia, Egypt, 
Phoenicia, Phrygia, and Lydia, are all celebrated 
for the wonderful skill and magnificence displayed 
in the manufacture of scarfs, shawls, carpets and 
tapestry. [Chlamys, Pallium, Peplum, Tapes.] 

Among the peculiarities of Egyptian manners 
Herodotus (ii. 35 ; compare Athen. ii. p. 48, b) men- 
tions that weaving was in that country the employ- 
ment of the male sex. This custom still continues 
among some Arab and negro tribes. (Welsted, 
Travels, voL i. p. 123 ; Prichard, Iiesearclies, vol. 
ii. p. 60, 3d edit.) Throughout Europe, on the 
other hand, weaving was in the earliest ages the 
task of women only. The matron, assisted by her 
daughters, wove clothing for the htiBband and the 
sons. (Colum. de He Rust. xii. I'rarf. • Plin. //. A r . 
viii. 48. s. 74 ; Herod, ix. 109.) This domestic 
custom gives occasion in the works of the epic and 
tragic poets to some very interesting denoumens and 
expressions of affection between near relations. In- 
deed the recognition, or 'Avayrwpurts, as Aristotle 
calls it (de Art. I'oet. 6. § 18, 14. § 21), often 
depends on this circumstance. Thus Crcusa proves 
her-elf to be the mother of Ion (Eurip. Ion, 1416, 
1417) by describing the pattern of a shawl which 
she had made in her youth, and in which she had 
wrapped her infant son. Iphigenia recognises her 
brother Orestes on one occasion (Eurip. I ph. in 
Tnur. 814 — 817), and Electra recognises him on 
another (Acschyl. Chocph. 225) by the figured 
clothing which he wore, and which they had long 
before woven for him. 

Besides the shawls which were frequently given 
to the temples by private persons, or obtained by 
commerce with foreign nations, companies or col- 
leges of females were attached to the more opulent 
temples for the purpose- of furnishing n regular sup- 
ply. Thus the sixteen women, who lived together 
in a building destined to their use at Olympio, 
wove a new shawl every five year* to be displayed 
at the games which were then celebrated in honour 



1100 



TELA. 



TELA. 



of Hera, and to be preserved in her temple. (Paus. 
v. 16. § 2 — 4, vi.24. § 8.) [Heraea.] A similar 
college at Sparta was devoted to the purpose of 
weaving a tunic every year for the sitting statue 
of the Amyclean Apollo, which was thirty cubits 
high. (Paus. iii. 16. §2, 10. §2.) At Athens 
the company of virgins called epyaarlmi or epydvai, 
and dpf>7](p6pai, who were partly of Asiatic extrac- 
tion, wove the shawl which was carried in the Pa- 
nathenaic procession and which represented the 
battle between the gods and the giants. (Eurip. 
Hec. 461—469 ; Virg. Ciris, 21—35.) [Arrhe- 
phoria ; Panathenaea.] A similar occupation 
was assigned to young females of the highest rank 
at Argos. (Eurip. Iph. in Taw. 213 — 215;) In 
the fourth century the task of weaving began to 
be transferred in Europe from women to the other 
sex, a change which St. Chrysostom deplores as a 
sign of prevailing sloth and effeminacy. (Oral. 34. 
vol. iii. p. 470, ed. Saville.) Vegetius (de Re Mil. 
i. 7), who wrote about the same time, mentions 
lintcones, or the manufacturers of linen cloth, in the 
number of those who were ineligible as soldiers. 

Every thing woven consists of two essential parts, 
the warp and the woof, called in Latin Stamen and 
Subtegmen, Subtemen, or Trama (Vitruv. x. 1 ; 
Ovid. Mel. iv. 397 ; Plin. N. xi. 24. s. 28 ; 
Pers. Sat. vi. 73), in Greek <jr-J\fx(iiv and KpoKri. 
(Plato, Polit. pp. 297, 301, 302, ed. Bekker ; 
Aelian, H. A. ix. 17 ; Plut. de Is. et Osir. p. 
672.) Instead of KpoKri Plato {Leg. v. p. 386, 
ed. Bekker) sometimes uses icpLcprf, and in the 
passages referred to he mentions one of the most 
important differences between the warp and the 
woof: viz. that the threads of the former are strong 
and firm in consequence of being more twisted in 
spinning, whilst those of the latter are compara- 
tively soft and yielding. This is in fact the diffe- 
rence which in the modern silk manufacture dis- 
tinguishes organzine from tram, and in the cotton 
manufacture twist from weft. Another name for 
the woof or tram was pohdvn. (Horn. Batr. 181 ; 
Eustath. in Horn. II. xxiii. 762, Od. v. 121.) 

The warp was called stamen in Latin (from 
s/are) on account of its erect posture in the loom. 
( Varro, L. L. v. 113, ed. Mullen) The correspond- 
ing Greek term wiyxuiv and likewise iVto's have 
evidently the same derivation. For the same rea- 
son the very first operation in weaving was to set 
up the loom, itnov oTr\tja.o8ai (Horn. Od. ii. 94 ; 
Hesiod, Op. et Dies, 779) ; and the web or cloth, 
before it was cut down or " descended " from the 
loom (/caTtSa d<p' iarS, Theocrit. xv. 35), was 
called "vestis pendens," or "pendula tela" (Ovid, 
Met. iv. 395, Epist. i. 10), because it hung from 
the transverse beam or Jugum. These particulars 
are all clearly exhibited in the picture of Circe's 
loom, which is contained in the very ancient illu- 
minated MS. of Virgil's Aeneid preserved at Rome 
in the Vatican Library. (See the annexed wood- 



cut, and compare Aen. vii. 1 4 : apud majores stantes 
texebant, Servius in loc. ; Horn. Od. x. 222.) Al- 
though the upright loom here exhibited was in 
common use, and employed for all ordinary pur- 
poses, the practice, now generally adopted, of 
placing the warp in an horizontal position was oc- 
casionally resorted to in ancient times ; for the 
upright loom {slans tela, Io~t6s 6p8ios), the manage- 
ment of which required the female to stand and 
move about, is opposed to another kind at which 
she sat. ( Artemidor. iii. 36 ; Servius, I. c.) 

We observe in the preceding woodcut about the 
middle of the apparatus a transverse rod passing 
through the warp. A straight cane was well 
adapted to be so used, and its application is clearly 
expressed by Ovid in the words " stamen secernit 
arundo." (Met. vi. 55.) In plain weaving it was 
inserted between the threads of the warp so as to 
divide them into two portions, the threads on one 
side of the rod alternating with those on the other 
side throughout the whole breadth of the warp. 
The two upright beams supporting the jugum, or 
transverse beam, from which the warp depends, 
were called KeAzovres (Theocrit. xviii. 34), and 
laToiroSes, literally, "the legs of the loom." (Eus- 
tath. in Horn. Od. xiii. 107.) 

Whilst the improvements in machinery have to 
a great extent superseded the use of the upright 
loom in all other parts of Europe, it remains almost 
in its primitive state in Iceland. The following 
woodcut is reduced from an engraving of the Ice- 
landic loom in Olaf Olafsen's Economic Tour in 
that island, published in Danish at Copenhagen, 
A. D. 1780. We observe underneath the jugum a 
roller (dvriov, Pollux, vii. x. § 36 ; Eustath. in 
Horn. Od. xiii. 107) which is turned by a handle, 
and on which the web is wound as the work ad- 
vances. The threads of the warp, besides being 
separated by a transverse rod or plank, are divided 
into thirty or forty parcels, to each of which a 
stone is suspended for the purpose of keeping the 
warp in a perpendicular position and allowing the 
necessary play to the strokes of the spatha, which 
is drawn at the side of the loom. The mystical 
ode written about the eleventh century of our era, 




TELA. 



TELA. 



1101 



with which Gray has made 113 familiar in his trans- 
lation, and which describes the loom of " the Fatal 
listers," represents warriors' skulls as supplying 
the place of these round stones (pondera. Sen. 
JCpisl. 91 ; Plin. H.N. I.e.). The knotted bundles 
of threads, to which the stones were attached, often 
remained after the web was finished in the form of 
a fringe. [Fimbriae.] 

Whilst the comparatively coarse, strong, and 
much-twisted thread designed for the warp was 
thus arranged in parallel lines, the woof remained 
upon the spindle [Firsts], forming a spool, bobbin, 
or pen (irijnj, dim. trt\viov, Horn. //. xxiii. 762 ; 
Eurip. Hec 466). This was either conveyed 
through the warp without any additional con- 
trivance, as is still the case in Iceland, or it was 
made to revolve in a shuttle (iravoiiKKos, Ilesvch. 
s.v. Ylr\viov : rwlius, Lucret. v. 1352). This was 
made of box brought from the shores of the Euxine, 
and was pointed at its extremities, that it might 
easily force its way through the warp. (Virg. Aen. 
ix. 476 ; Ovid. Met iv. 275, vi. 56, 132, Fast. 
iii. 879.) The annexed woodcut shows the form 
in which it is still used in some retired parts of our 
island for common domestic purposes, and which 
may be regarded as a form of great antiquity. 
An oblong cavity is seen in its upper surface, 
which holds the bobbin. A small stick, like a 
wire, extends through the length of this cavity, 
and enters its two extremities so as to turn freely. 
The small stick passes through a hollow cane, 
which our manufacturers call a quill, and which 




is surrounded by the woof. This is drawn through 
a round hole in the front of the shuttle, and, 
whenever the shuttle is thrown, the bobbin re- 
volves and delivers the woof through this hole. 
The process of winding the yarn so as to make 
it into a bobbin or pen, was called irrnvi^aBm 
(Theocrit. xviii. 32) or avairnvi^to-ljat. (Aristot. 
//. A. v. 19.) The reverse process by which it 
was delivered through the hole in front of the 
shuttle (see the hast woodcut) was called fKvnvl- 
£(v6ai. Hence the phrase ^Kiriji>ieiTai raura means 
" he shall disgorge these things." (Ari3toph. Ran. 
586 ; Schol. in loc.) 

All that is effected by the shuttle is the con- 
veyance of the woof across the warp. To keep 
every thread ol the woof in its proper place it is 
necessary that the threads of the warp should be 
decussated. This was done by the leashes, called 
in Latin liria, in Greek /iitoi (u'itus, Horn. //. 
xxiii. 762). Uy a leash we are to understand a 
thread having at one end a loop, through which a 
thread of the warp was passed, the other end being 
fastened to a Btraight rod called Lidatorium, and in 
(ireek Kavwv. ( ArUtoph. T/uxm. I!29.) The warp, 
having been divided by the arundo, as already 
mentioned, into two sets of threads, all those of the 
same set were passed through the loops of the cor- 
responding set of leashes, and all these leashes 
were fastened at their other end to the same wooden 
rod. At least one set of leashes was necessary to 
decussate the warp, even in the plainest and sim- 
plest weaving. The number of sets was increased 



according to the complexity of the pattern, which 
was called bilix or trilix (Mart. xiv. 143), hiunos, 
Tpluiros (Crat. Jun. Frag. p. ll)3, ed. Runkel), or 
TioXvunos (Per. Mar. Erijtli. pp. 164, 170, 173, 
ed. Blancardi), according as the number was two, 
three, or more. 

The process of annexinj the leashes to the warp 
was called ordiri te/am (Plin. H. X. xi. 24. s. 28), 
also licia telae adderc, or adnectere. (Virg. Georg. i. 
285 ; Tibull. i. 6. 78.) It occupied two women at 
the same time, one of whom took in regular succes- 
sion each separate thread of the warp and handed 
it over to the other ; this part of the process was 
called irapatpepnv, irapahltovai, or Trptxpoptio9ai m 
(SchoL m Aristojih.AvA ; Suidas, Hesychius, s. v.) 
The other woman, as she received each thread, 
passed it through the loop in proper order, and this 
act. which we call "entering," was called in Greek 
oiof £<r0<H. (Schol. in Horn. Od. vii. 107.) 

Supposing the warp to have been thus adjusted, 
and the pen or the shuttle to have been carried 
through it, it was then decussated by drawing for- 
wards the proper rod, so as to carry one set of the 
threads of the warp across the rest, after which the 
woof was shot back again, and by the continual re- 
petition of this process the warp and woof were 
interlaced. (Plutarch, vii. sap. conv. p. 592, ed. 
Ileiske ; Horn. //. xxiii. 760 — 763.) In the pre- 
ceding figure of the Icelandic loom we observe two 
staves, which are occasionally used to fix the rods 
in such a position as is most convenient to assist 
the weaver in drawing her woof across her warp. 
After the woof had been conveyed by the shuttle 
through the warp, it was driven sometimes down- 
wards, as is represented in the first woodcut, but 
more commonly upwards as in the second. (Isid. 
Ori</. xix. 22; Herod, ii. 35.) Two different in- 
struments were used in this part of the process. 
The simplest and probably the most ancient was in 
the form of a large wooden sword (spat/ui, a-ndBri, 
dim. airddtuy, Brunck, Anal. i. 222; Plato, Lysis, 
p. 118; Aesch. Cltoeph. 226). From the verb 
otraBdw, to beat with the spatha, cloth rendered 
close and compact by this process was called <nra- 
(Athen. xii. p. 525, d.) This instrument 
is still used in Iceland exactly as it was in ancient 
times, and a figure of it copied from Olafsen, is 
given in the second woodcut. 

The spatha was, however, in a great degree 
superseded by the comb (pecien, Ktpxis). the teeth 
of which were inserted between the threads of the 
warp, and thus made by a forcible impulse to drive 
the threads of the woof close together. (Ovid. Fait, 
iii. 880, Met. vi. 58 ; Juv. ix. 26 ; Virg. Aen. 
vii. 14 ; Hon. //. xxii. 448; Aristoph. Aees, 832 ; 
Eurip. Ion, 509, 760, 1418, 1492.) It is probable 
that the teeth were sometimes made of metal (Hani. 
Od. v. 62) ; and they were accommodated to the 
purpose intended by being curved (pectinis unci, 
Claud ian, in ICutroj). ii. 382), as is still the case in 
the combs which arc used in the same manner by 
the Hindoos. Among us the office of the comb is 
executed with greater ease and effect by the reed, 
lai/. or Initial. 

The lyre [Lyra], the favourite musical instru- 
ment of the Greeks was only known to the Ro- 
mans as a foreign invention. Hence they appear 
to have described its parts by a comparison with 
the loom, with which they were familiar. The 
terms jwjum nnd staminu were transferred by nn 
obvious resemblance from the latter to the former 



1102 



TELA. 



TELONES. 



object ; and, although they adopted into their own 
language the Greek word ■plectrum (Ovid. Met. xi. 
167 — 170), they used the Latin Pecten to denote 
the same thing, not because the instrument used 
in striking the lyre was at all like a comb in shape 
and appearance, but because it was held in the 
right hand and inserted between the stamina of the 
lyre as the comb was between the stamina of the 
loom. (Virg. Aen. vi. 647 ; Juv. vi. 290 — 293 ; 
Pers. vi. 2.) 

After enumerating those parts of the loom which 
were necessary to produce even the plainest piece 
of cloth, it remains to describe the methods of pro- 
ducing its varieties, and more especially of adding 
to its value by making it either warmer and softer, 
or more rich and ornamental. If the object was to 
produce a checked pattern (scuiulis dividere, Plin. 
II. N. viii. 48. s. 74 ; Juv. ii. 97), or to weave 
what we should call a Scotch plaid, the threads of 
the warp were arranged alternately black and 
white, or of different colours in a certain series 
according to the pattern which was to be exhibit- 
ed. On the other hand, a striped pattern (pa€Su- 
toj, Diod. Sic. v. 30 ; virgata sagida, Virg. Aen. 
viii. 660) was produced by using a warp of one 
colour only, but changing at regular intervals the 
colour of the woof. Of this kind of cloth the Ro- 
man trabea (Virg. Aen. vii. 188) was an example. 
Checked and striped goods were, no doubt, in the 
first instance, produced by combining the natural 
varieties of wool, white, black, brown. &c. [Pal- 
lium.] The woof also was the medium, through 
which almost every other diversity of appearance 
and quality was effected. The warp as mentioned 
above was generally more twisted, and consequently 
stronger and firmer than the woof: and with a 
view to the same object different kinds of wool 
were spun for the warp and for the woof. The 
consequence was, that after the piece was woven, 
the fuller drew out its nap by carding, so as to 
make it like a soft blanket (Plato, Polit. p. 302) 
[Fullo] ; and, when the intention was to guard 
against the cold, the warp was diminished and the 
woof or nap (xpo^, KpoKvs) made more abundant 
in proportion. (Hesiod. Op. et Dies, 537 : Proclus 
ad loc.) In this manner they made the soft 
X^aiva or Laena [Pallium]. On the other 
hand a woof of finely twisted thread {fjrpiov) pro- 
duced a thin kind of cloth, which resembled our 
buntine (lacernae nimia subteminum tenuilate per- 
flubiles, Amm. Marcell. xiv. 6). Where any kind 
of cloth was enriched by the admixture of different 
materials, the richer and more beautiful substance 
always formed part of the woof. Thus the vestis 
subserica, or tramoserica, had the tram of silk. 
[Sericum.] In other cases it was of gold (Virg. 
Aen. iii. 483 ; Servius in loc.) ; of wool dyed with 
Tyrian purple (Ovid. Met. vi. 578; Tyrio subteg- 
mine, Tibull. iv. 1. 122 ; picto subtcgmine, Val. Flacc. 
vi. 228) ; or of beavers'-wool (vestis Jibrina, Isid. 
Orig. xix. 22). Hence the epithets (poiviKoKpoKos, 
" having a purple woof" (Pind. Ol. vi. 39, ed. 
Bockh ; Schol. in loc), dvBoKpoKos, " producing a 
flowery woof" (Eurip. Hcc. 466), xpvwTWVTos, 
" made from bobbins or pens of gold thread" 
(Eurip. Orest. 829), £vttt)vos, "made with good 
bobbins" ( Eurip. Iph. in Taur. 814, 1466), Kep/ci'St 
TroiKiAAovaa, " variegating with the comb " (Eurip. 
Iph. in Taur. 215), &c. 

But besides the variety of materials constituting 
the woof, an endless diversity was effected by the 



manner of inserting them into the warp. The 
terms bilisc and Si'/xitos, the origin of which has 
been explained, probably denoted what we call 
dimity or tweeled cloth, and the Germans zwillich. 
The poets apply trilix, which in German has be- 
come drillich, to a kind of armour, perhaps chain- 
mail, no doubt resembling the pattern of cloth, 
which was denoted by the same term. (Virg. 
Aen. iii. 467, v. 259, vii. 639, xii. 375; Val. 
Flaccus, iii.' 199.) In the preceding figure of the 
Icelandic loom the three rods with their leashes 
indicate the arrangement necessary for this texture. 
All kinds of damask were produced by a very 
complicated apparatus of the same kind {plurimis 
liciis), and were therefore called Polymita. (Plin. 
N. viii. 48. s. 74; Mart. xiv. 150.) 
The sprigs or other ornaments produced in the 
texture at regular intervals were called flowers 
(o.v8t], Philostr. Imag. ii. 28 ; Spova, Horn. //. xxii. 
440) or feathers (plumae). Another term, adopted 
with reference to the same machinery, was il'tfu- 
tov or Qdjxnov, denoting velvet. In the middle 
ages it became %ap.nov, and thus produced the 
German sammet. 

The Fates are sometimes mentioned by classical 
writers in a manner very similar to the description 
of " the Fatal Sisters " above referred to. ( Dira 
sororum licia, Stat. Aeliill. i. 520 ; fatorum inex- 
tricaliliter contorta Licia, Apul. Met. xi.) 

As far as we can form a judgment from the lan- 
guage and descriptions of ancient authors, the pro- 
ductions of the loom appear to have fallen in an- 
cient times very little, if at all, below the beauty 
and variety of the damasks, shawls, and tapestry 
of the present age, and to have vied with the 
works of the most celebrated painters, representing 
first mythological, and afterwards scriptural sub- 
jects. In addition to the notices of particular 
works of this class, contained in the passages and 
articles which have been already referred to, the 
following authors may be consulted for accounts of 
some of the finest specimens of weaving : Euripid. 
ion,190— 202,1141— 1165 ;Aristot. Mir.Auscult. 
99 ; Athen. xii. p. 541 ; Asterii, Homilia de Div. 
et Laz.; Theod. Prodrom. JRhod. et Dos. Amor, ad 
fin. ; Virg. Aen. v. 250—257, Cir. 21—35 ; Ovid. 
Met. vi. 61—128 ; Stat. Theb. vi. 64, 540—547 ; 
Auson. Epig. 26 ; Lamprid. Heliog. 28 ; Claudian, 
de VI. Cons. Honor. 561 — 577, inStilich. ii. 330 — 
365. [J. Y.] 

TELAMO'NES. [Atlantes.] 
TE'LETAE (TeAeraf). [Mysteria.] 
TELO'NES (reAdvris). Most of the taxes at 
Athens were farmed by private persons, who took 
upon themselves the task of collecting, and made 
periodical payments in respect thereof to the state. 
They were called by the general name of Tthavai, 
while the farmers of any particular tax were called 
thwarwvai, ■wtvTriKoaTokoyoi, &c.,as the case might 
be. The duties were let by auction to the highest 
bidder. Companies often took them in the name 
of one person, who was called dpx&wis or TeAwv- 
dpxys, and was their representative to the state. 
Sureties were required of the farmer for the pay- 
ment of his dues. The office was frequently under- 
taken by resident aliens, citizens not liking it, on 
account of the vexatious proceedings to which it 
often led. The farmer was armed with consi- 
derable powers ; he carried with him his books, 
searched for contraband or uncustomed goods, 
watched the harbour, markets and other places, to 



T F.LOS. 



TEMENOS. 



1103 



prevent smuggling, or unlawful and clandestine 
sales ; brought a <pdcis or other legal process 
against those whom he suspected of defrauding the 
revenue ; or even seized their persons on some oc- 
casions, and took them before the magistrate. To 
enable him to perform these duties, he was ex- 
empted from military service. Collectors (ixKoyels) 
were sometimes employed by the farmers ; but 
frequently the farmer and the collector were the 
fame person. (Bockh, Pull. Earn, of Athens, p. 
335, See., 2d ed.) 

The taxes were let by the Commissioners, acting 
under the authority of the Senate. [Poletae.] 
The payments (icaTa§oAal tc'Aous) were made by 
the fanner on stated Prytaneias in the Senate- 
house. There was usually one payment made in 
advance, TrpoKaraSoMj, and one or more afterwards, 
called irpo(TKaTa.§\T)tia. Upon any default of pay- 
ment, the farmer became eEnvoy, if a citizen, and 
he was liable to be imprisoned at the discretion of 
the court, upon an information laid against him. 
If the debt was not paid by the expiration of the 
ninth Prytaneia, it was doubled ; and if not then 
paid, his property became forfeited to the state, 
and proceedings to confiscation might be taken 
forthwith. Upon this subject the reader should 
consult the speech of Demosthenes against Timo- 
crates. (Schomann, Ant. Jut. pull. Gr. p. 
317.) [C.U.K.] 

TELOS (r(Kos), a tax. The taxes imposed by 
the Athenians and collected at home were either or- 
dinary or extraordinary. The former constituted a 
regular or permanent source of income ; the latter 
were only raised in time of war or other emer- 
gency. The ordinary taxes were laid mostly upon 
jiritju-rlij, and upon citizens indirectly in the shape 
of toll or customs ; though the resident aliens paid 
a poll-tax, called fitTntKiov, for the liberty of re- 
siding at Athens under protection of the state. 
[Metoeci.] As to the customs and harbour dues, 
see Pentecoste. An excise was paid on all sales 
in the market, called iiruvia, though we know not 
what the amount was. (Ilarpoc. s. v. 'Eirwu'a.) 
And a duty was imposed on aliens for permission 
to sell their goods there. Slave-owners paid a 
duty of three obols for every slave they kept ; and 
slaves who had been emancipated paid the same. 
This was a very productive tax before the fortifi- 
cation of Dcceleia by the Lacedaemonians. (Xe- 
noph. de Vtcliij. iv. 25.) There was also a -rropviKuv 
tcAoi, and sonic others of minor importance, as to 
which the reader is referred to Bockh [PubL Econ. 
of Athena, p. 333, 2d ed.). The justice fees 
( UpvTixmia, napdarturn, &c.) were a lucrative tax 
in time of peace. (Thucyd. vi. 91 ; Bockh, Id. p. 
315, Ac.) 

The extraordinary Uxes were the property tax 
(daipopa), and the compulsory services called Aft- 
rovpyitu. Some of these last were regular, and 
recurred annually ; the most important, the Tpen- 
papxiix, was a war-service, and performed as occasion 
required. As these services were all performed, 
wholly or partly, at the expense of the individual, 
they may be regarded as a species of fix. [ El.s- 
PHOBA; Lkitouiujia ; Thikkahcmia.] 

The tribute (ipipat) paid by the allied state* to 
the Athenians formed, in the flourishing period of 
the republic, a regular and most important sourco 
of revenue. In a c. 415 the Athenians sub- 
stituted for the tribute n duty of five per cent. 
{'ii,-mii) on all commodities exported or imported 



by the subject states, thinking to raise by this 
means a larger income than by direct taxation. 
[Eicoste.] 

A duty of ten per cent. (SeKoTrj) on merchan- 
dise passing into and from the Euxine Sea was 
established for a time by Alcibiades and other 
Athenian generals. [Decumae.] This may be 
regarded as an isolated case. In general, where 
OfKarai are mentioned among the Greeks, they 
denote the tithes of land ; such as the Persian 
Satraps collected from conquered countries, or such 
as tyrants exacted of their subjects for the use of 
land held under them as lords of the whole country. 
For instance, Peisistratus took a tithe of this kind, 
which was reduced by his sons to a twentieth. 
The state of Athens held the tithe of some lands ; 
other tithes were assigned to the temples or service 
of the Gods, having been dedicated by pious indi- 
viduals, or by reason of some conquest or vow, 
such as that recorded by Herodotus (vii. 132). 

Other sources of revenue were derived by the 
Athenians from their mines and public lands, 
fines, and confiscations. The public demesne lands, 
whether pasture or arable, houses or other buildings, 
were usually let by auction to private persons. 
The conditions of the lease were engraven on stone. 
The rent was payable by Prytaneias. If not paid 
at the stipulated time, the lessee, if a citizen, be- 
came irifios, and subject to the same consequences 
as any other state debtor. As to fines and confis- 
cations, see Ti.VE.MA. 

These various sources of revenue produced, ac- 
cording to Aristophanes, an annual income of two 
thousand talents in the most flourishing period of the 
Athenian empire. ( Vesp. C60.) See the calcula- 
tions of Bockh, Id. p. 433, &c. 

ItKtiv signifies "to settle, complete, or perfect," 
and hence ** to settle an account," and generally 
" to pay." Thus TeAos comes to mean any pay- 
ment in the nature of a tax or duty. The words 
are connected with zahlcn in German, and the old 
sense of tale in English, and the modem word toll. 
(Arnold, ad Thuc. i. 58.) Though TeAos may 
signify any payment in the nature of a tax or 
duty, it is more commonly used of the ordinary 
taxes, as customs, &c. Tt'Aos, Ttkuv is used with 
reference to the property-tax, in the sense of bring 
rated in a certain proportion, or, which is the same 
thing, belonging to a particular class of rate-puyers. 
Thus iVrraSa or iirniK&v TfAflV, or tis iirirdSa 
rt\uv, means, to belong to the class of knights. 
And the same expression is used metaphorically, 
without any immediate reference to the payment 
of a tax. Thus fit avbpas vtXtiv, is to be classed 
among adults. So is Boioitom TeAttii', Herod, vi. 
108. 'I<7ot«'A(io signifies the right of being taxed 
on the same footing, and having other privileges, 
the same as the citizens ; a right sometimes granted 
to resident aliens. [ Mktuk<:i.J 'A-rcAfia signifies 
nn exemption from taxes, or other duties and 
services ; an honour very rarely granted by the 
Athenians. [Atki.kia.] As to the fanning of 
the taxes, see Telonks. For nn epitome of tho 
whole subject, see Schumann, Ant. Jur. puU. Gr. 
p. 314, Ate (C.H. K.] 

TE'MF.NOS (rintvoi), a piece of land cut or 
marked off from other land. The name was parti- 
cularly applied to a piece of land cut olf from the 
public land and npproprinted to the support of a 
king in the heroic ago (Horn. IL vi. 198, vii. 313, 
xx. 184, Od. vi. '2'J.j, xi. 183), and likewise to a 



1104 



TEMPLUM. 



TEMPLUM. 



piece of land, cut off from common uses, and dedi- 
cated to a god. In Attica, there appears to have 
been a considerable quantity of such sacred lands 
(•re^eV?)), which were let out by the state to farm ; 
and the income arising from them was appropriated 
to the support of the temples, and the maintenance 
of public worship. (Xen. Vectig. iv. 19 ; Harpocrat. 
s. v. dird MLo6w/j.d.Twv ; Bdckh, Publ. Econ. of Alliens, 
p. 303, 2d ed.) 

TEMO. [Aratrum ; Currus.] 

TEMPLUM is the same word as the Greek 
T6,uefos, from re/xvco to cut off, for templum, ac- 
cording to Servius {ad Aen. i. 446), was any place 
which was circumscribed and separated by the au- 
gurs from the rest of the land by a certain solemn 
formula. The technical terms for this act of the 
augurs are liberate and effari, and hence a templum 
itself is a locus liheratus et effatus, A place thus 
set apart and hallowed by the augurs was alwa3's 
intended to serve religious purposes, but chiefly for 
taking the auguria. ('" Templum locus augurii aut 
auspicii causa quibusdam conceptis verbis finitus,'" 
Varro, de Ling. Lat. vi. p. 81, Bip.) WhenVarro 
(de Ling. Lat. v. p. 65, Bip.) says that a locus ef- 
fatus was always outside the city, we must remember 
that this only means outside the pomoerium, for 
the whole space included within the pomoerium 
was itself a templum, i. e. a place in which auspices 
could be taken [Pomoerium] ; but when they 
were to be taken in any place outside the pomoe- 
rium, it was always necessary for such a place 
to be first circumscribed and sanctified by the 
augur {liberate et effari). The place in the heavens 
within which the observations were to be made 
was likewise called templum, as it was marked out 
and separated from the rest by the staff of the 
augur. When the augur had defined the templum 
within which he intended to make his observa- 
tions, he fixed his tent in it {tabernaculum capere), 
and this tent was likewise called templum, or more 
accurately, templum minus. To this minus tem- 
plum we must refer what Servius {ad Aen. iv. 200) 
and Festus (s. v. minora templa) state, that a tem- 
plum was enclosed with planks, curtains, &c, at- 
tached to posts fixed in the ground, and that it 
had only one door {eccitus). The place chosen for 
a templum was generally an eminence, and in the 
city it was the arx, where the fixing of a tent does 
not appear to have been necessary, because here a 
place called auguraculum was once for all conse- 
crated for this purpose. (Paul Diac. s. v. Augura- 
culum; comp. Liv. i. 18, iv. 18 ; Cic. de Off. iii. 
16.) 

Besides this meaning of the word templum in 
the language of the augurs, it also had that of a 
temple in the common acceptation. In this case 
too, however, the sacred precinct within which a 
temple was built, was always a locus liberatus 
et effatus by the augurs, that is, a templum or a 
fanum (Liv. x. 37 ; Varro, de Ling. Lat. v. p. 65, 
Bip.) ; the consecration was completed by the 
pontiffs, and not until inauguration and consecra- 
tion had taken place, could sacra be performed or 
meetings of the senate be held in it. (Serv. ad Aen. 
i. 446.) It was necessary then for a temple to be 
sanctioned by the gods, whose will was ascertained 
by the augurs, and to be consecrated or dedicated by 
the will of man (the pontiffs). Where the sanction 
of the gods had not been obtained, and where the 
mere act of man had consecrated a place to the 
gods, such a place was only a sacrum, sacrarium, 



or sacellum. [Sacrarium ; Saceli.um.] Varro 
(op. Gell. xiv. 7. § 7) justly considers the ceremony 
performed by the augurs as essential to a temple, 
as the consecration by the pontiffs took place also 
in other sanctuaries which were not templa, but 
mere sacra or aedes sacrae. Thus the sanctuary 
of Vesta was not a templum but an aedes sacra, 
and the various curiae (Hostilia, Pompeia, Julia) 
required to be made templa by the augurs before 
senatusconsulta could be made in them. In what 
manner a templum differed from a delubrum is more 
difficult to decide, and neither the ancient nor mo- 
dern writers agree in their definitions. Some an- 
cients believed that delubrum was originally the 
name given to a place before or at the entrance of 
a temple, which contained a font or a vessel with 
water, by which persons, before entering the temple, 
performed a symbolic purification (Serv. ad Aen. 
iv. 56, ii. 225 ; Corn. Fronto, quoted by Dacier on 
Fest. s.v. Delubrmn) ; others state that delubrum 
was originally the name for a wooden representa- 
tion of a god (fjsavov), which derived its name 
from librum (the bark of a tree), which was taken 
off {delibrare) before the tree was worked into 
an image of the god, and that hence delubrum was 
applied to the place where this image was erected. 
(Fest. s. v. Delubrum ; Massur. Sab. ap. Serv. 
ad Aen. ii. 225.) Hartung {Die Hel. d. Rom. i. 
p. 143, &c.) derives the word delubrum from liber 
(anciently luber), and thinks that it originally 
meant a locus liberatus, or a place separated by the 
augur from the profane land, in which an image of 
a god might be erected, and sacred rites be per- 
formed. A delubrum would therefore be a sanctuary, 
whose chief characteristic was its being separated 
from the profane land. But nothing certain can be 
said on the subject. (Comp. Macrob. Sat. iii. 4.) 

After these preliminary remarks, we shall pro- 
ceed to give a brief account of the ancient temples, 
their property, and their ministers, both in Greece 
and Rome. We must, however, refer our readers 
for a more detailed description of the architectural 
structure of ancient temples to other works, such as 
Stieglitz, Arcltdologie der Baukunst, and others, 
especially as the structure of the temples varied 
according to the divinities to whom they were 
dedicated, and other circumstances. 

Temples in Greece. — Temples appear to have 
existed in Greece from the earliest times. They 
were separated from the profane land around them 
(toVos /36§t)Aos, or to fieSyka), because every one 
was allowed to walk in the latter. (Schol. ad Soph. 
Oed. Col. 10.) This separation was in early times 
indicated by very simple means, such as a string or 
a rope. (Paus. viii. 10. § 2.) Subsequently, how- 
ever, they were surrounded by more efficient fences, 
or even by a wall {epKos, irepi£o\os, Herod, vi. 
134; Pollux, i. 10 ; Paus. passim ), the entrance 
to which was decorated, as architecture advanced, 
with magnificent Propylaea [Propylaea]. The 
whole space enclosed in such a irepiSoAos was called 
Te/.ieyos, or sometimes iepov (Herod, ix. 36, vi. 19, 
with Valckenaer's note ; Thucyd. v. 18) ; and con- 
tained, besides the temple itself, other sacred 
buildings, and sacred ground planted with groves, 
&c. Within the precincts of the sacred enclosure 
no dead were generally allowed to be buried, 
though there were some exceptions to this rule, 
and we have instances of persons being buried in 
or at least near certain temples. The religious 
laws of the island of Delos did not allow any 



TEMPLUM. 



TEMPLUM. 



1105 



corpses to be buried within the whole extent of 
the island (Thucyd. iii. 104 : comp. Herod. L 64), 
and when thii law had been violated, a part of the 
island was fi st purified by Peisistratus, and subse- 
quently the whole island by the Athenian people. 

The temple itself was called reus, and at its en- 
trance fonts (irepijipavTripia) were generally placed, 
that those who entered the sanctuary to pray or to 
offer sacrifices might first purify themselves. (Pol- 
lux, i. 10 ; Herod, i. 51.) In the earliest times 
the Greek temples were either partly or wholly 
made of wood (Paus. v. 20. § 3 ; 16. § 1, viii. 10. 
§ 2), and the simplest of all appear to have been 
the o~nKol, which were probably nothing but hollow 
trees in which the image of a god or a hero was 
placed as in a niche (Hesiod. Fragm. 54, ed. Gott- 
ling ; Schol. ad Soph. Track. 1169 ); for a temple 
was originally not intended as a receptacle for wor- 
shippers, but simply as an habitation for the deity. 
The act of consecration, by which a temple was 
dedicated to a god, was called Bpi/tris. The cha- 
racter of the early Greek temples was dark and 
mysterious, for they had no windows, and they 
received light through the door, which was very- 
large, or from lamps burning in them. Vitruvius 
(iv. 5) states that the entrance of Greek temples 
was always towards the west, but most of the 
temples still extant in Attica, Ionia, and Sicily 
have their entrance towards the east. Architecture, 
however, in the construction of magnificent temples, 
made great progress even at an earlier time than 
either painting or statuary, and long before the 
Persian wars we hear of temples of extraordinary 
grandeur and beauty. All temples were built 
either in an oblong or round form, and were mostly- 
adorned with columns. Those of an oblong form 
had columns either in the front alone, in the fore 
and back fronts, or on all the four sides. Re- 
specting the original use of these porticoes see 
Portici'S. The classification of temples, according 
to the number and arrangement of their columns, 
will be described presently. The friezes and me- 
topes were adorned with various sculptures, and no 
expense was spared in embellishing the abodes of 
the gods. The light which was formerly let in at 
the door, was now frequently let in from above 
through an opening in the middle, which was 
called viccudpov, and a temple thus constructed was 
called twmSpos. (Vitruv. I.e.) Many of the great 
temples consisted of three parts : 1 . the irpovaos or 
irp65ofios, the vestibule ; 2. the cella (va6t, otjko's) ; 
and 3. the iirurdooofios. The cella was the most 
important part, as it was, properly speaking, the 
temple, or the habitation of the deity whose statue 
it contained. In one and the same cella there 
were sometimes the statues of two or more divini- 
tiea, as in the Erechthcum at Athens the statues of 
Poseidon, Hephaestus, and liutas. The statues 
always faced the entrance, which was in the centre 
of the prostylus, or front portico. The place where the 
■tatue stood was called (So;, and was surrounded by 
a balustrade or railings (Xxpia, ipv^a-ra, Paus. v. 1 1. 
§ 2). Some temples also had more than one cella, in 
which case the one was generally behind the other, as 
in the temple of Athena Polias at Athens. In U-m- 
ples where oracles were given, or where the worship 
was connected with mysteries, the celh was called 
ioxnov, ptifapov, or dyaxropov, and to it only the 
priests and the initiated had access. (Pollux, i. .') ; 
Paus. ix. 8. § I, viii. 62 ; 37. § 5 ; Herod, viii. 
53, ix. 65 ; Plut. Mm. 13 ; Caes. de liclL Civ. 



iii. 105.) In some cases the cella was not acces- 
sible to any human being, and various stories were 
related of the calamities that had befallen persons 
who had ventured to cross the threshold. (Paus. 
viii. 52. § 3 ; 10. § 2 ; 38. § 2 ; Soph. Oed. Col. 
37.) The oiriaiob'ofws was a chamber which had 
its entrance in the back front of a temple, and served 
as a place in which the treasures of the temple 
were kept, and thus supplied the place of the 
Silcravpoi which were attached to some temples. 
(Compare Miiller, Arch'dol. d. Kunst, § 288; 
Stieglitz, Arch'dol. der Baukunst, vol. ii. § 1 ; 
Hirt, Lehre der Gebdude, § 1 ; Btickh, ad Corp. 
Inscript. pp. 264, &c.) 

A\"e now proceed to describe the classification 
of temples, both Greek and Roman, the latter being 
chiefly imitated from the former. They were either 
quadrangular or circular. 

Quadrangular Temples were described by the 
following terms, according to the number and ar- 
rangement of the columns on the fronts and sides. 

1. 'AcrrvAos, astyte, without any columns. (Leo- 
nidas Tarent. in Brunck, Anal. vol. i. p. 237 ; Plin. 
//. Xxxxiv. 8.) 

2. 'Ee lrapaardai, in antis, with two columns in 
front between the antae. (Pind. Ol. vi. 1.) 

3. Tlp6o~Tu\os, prostyle, with four columns in 
front 

4. 'Au(pnrp6<TTv\os, amphiprostyle, with four 
columns at each end. 

5. UepiitTtpos or afKpixtuiv (Soph. Ant. 285), 
peripteral, with columns at each end and along 
each side. 

6. A'tirrtpos, dipteral, with two ranges of columns 
(irrepa) all round, the one within the other. 

7. VfvSoSlirTtpos, pseudodipteral, with one range 
only, but at the same distance from the walls of 
the cella as the outer range of a SiSrrfpos. 

To these must be added a sort of sham invented 
by the Roman architects, namely: 

8. VtvSoTrtplirTcpos, pseudoperipteral (Vitruv. iv. 
7), where the sides had only half-columns (at the 
angles three-quarter columns), attached to the walls 
of the cello, the object being to have the cella large 
without enlarging the whole building, and yet to 
keep up something of the splendour of a peripteral 
temple. 

Names were also applied to the temples, as well 
as to the porticoes themselves, according to the 
number of columns in the portico at either end 
of the temple ; namely, TtrpdarvSos, tetrastyle, 
when there were four columns in front, *tdurrv\ot, 
hexaslyle, when there were sir, oKTaorvkos, octa- 
slyle, when there were rigid, 5«koitti/\oi, decastyle, 
when there were ten. There were never more 
than ten columns in the end portico of a temple ; 
and when there were only two, they were always 
arranged in that peculiar form called in antis («V 
ira^airrdot). The number of columns in the end 
porticoes was never uneven, but the number along 
the sides of a temple was generally uneven. The 
number of the side columns varied : where the 
end portico was tetrastyle, there were never any 
columns at the sides, except false ones, attached to 
the walls, as in the temple of Fortuna V'irilis at 
Rome, which has a tetrastyle portico, with a column 
behind each corner column, mid then five false 
columns along each side of the cella : where it waa 
hexasty le or octastylc, there were generally 1 3 or 1 7 
columns at the sides, counting in the comer columns : 
somct mcs a hexastyle templo had only eleven co- 
4 u 



1106 TEMPLUM. 

lumns on the sides. The last arrangement resulted 
from the rule adopted by the Roman architects, 
who counted by intercolumniations (the spaces 
between the columns), and whose rule was to have 
twice as many intercolumniations along the sides of 
the building as in front ; another example of the 
rule is furnished by the above-mentioned temple 
of Fortuna Virilis, which has four columns in front 
and, altogether, seven on each side. The Greek 
architects, on the contrary, counted by columns, 
and their rule was to have twice as many columns 
along tlte sides as in front, and one more *, counting 
the corner columns in each case : sometimes, how- 
ever, they followed the other rule, as in the temple 
at Mylasa, where there are six columns in front 
and eleven at each side. Another set of terms, 
applied to temples and other buildings having por- 
ticoes, as well as to the porticoes themselves, was 
derived from the distances between the columns as 
compared with the lower diameters of the columns. 
They were the following : — 

1. YIvkvogtvAos, pycnostyle, the distance be- 
tween the columns a diameter of a column and 
half a diameter. 

2. SiWuAos, systyle, the distance between the 
columns two diameters of a column. 

3. Ei/oruAos, eustyle, the distance between the 
columns two diameters and a quarter, except in the 
centre of the front and back of the building, where 
each intercolumniation (intercolumnimn) was three 
diameters ; called eustyle, because it was best 
adapted both for beauty and convenience. 

4. Aido-rvAos, diastyle, the intercolumniation, or 
distance between the columns, three diameters. 

5. 'ApaiocrvXos, araeostyle, the distances exces- 
sive, so that it was necessary to make the epistyle 
(emaruAiov), or architrave, not of stone, but of 
timber. [Epistylium.] 

These five kinds of intercolumniation are illus- 
trated by the following diagram : — 

• ^ * 

• H • 

4 ?# 

^ t or more J ^ 

The following elevations and plans of temples 
will aid the reader in understanding the different 
terms descriptive of the number and arrangement 
of the columns. They are taken from the plates 
to Hirt's Gebchichte der Bauhanst ; and although, 
for the sake of greater clearness and convenience, 
they are not all taken from actual buildings, but 
are general representations of each form, yet they 
are not merely imaginary, for they are founded on 
a careful comparison of existing remains with the 
descriptions of Vitruvius. 

I. In Antis. 

An engraving of a temple of this form has been 
given under Antae. 



* The Roman rule might also be stated accord- 
ing to the number of columns thus : — twice as 
many columns along the sides as in front, and one 
less. 



TEMPLUM. 
II. Prostyle, Tetrastyle, of the Ionic order. 




The above engraving exhibits clearly the prodo- 
mus or pronaos, or space enclosed by the portico 
and the side walls projecting beyond the front wall; 
and the cella, with the statue of the god opposite to 
the entrance. 



TEMPLUM. 
III. Amfhiprostyie, Tetrastyle, 



TEMPLUM. 



1107 





Vitruvius (iii. 1) says that " the Amphiprortylot 
has every part which the Prosiylos has, and more- 
over it haj columns and a pediment in the poiticum 
after the same manner." This pnslicum (the Greek 
opiathtxiamtu) appears to have been of two kinds ; 
either a mere portico attached to the back wall of the 
cclia, or a larger space, at shown in the figure. 



IV. Peripteral, Hexastyle, of the Doric 
order. » 





The above plan is that of a Roman Pcripttros : 
to represent the Grecian Peripteros two columns 
should be added to each side, and the length thus 
gained thrown into the opisthodomus. In this form 
there were two columns between the antae termi- 
nating the projecting walls ; and the three inter- 
columniations thus formed were fenced with marble 
railings (plutsi, Vitruv. iv. 4), with pates in them 
giving access to the prodomus, as shown by the 
lines in the figure. 

This species of temple was not only more splen- 
did than the former, but also more fully adapted for 
the performance of grand religious ceremonies, as 
the continuous portico all round it would give shel- 
ter and passage to a large number of people. Ac- 
cordingly we rind that several of the most celebrated 
Greek temples are of this form ; such as that of 
Zeus Nemeus between Argos and Corinth, of Con- 
cord at Agrigentum, of Theseus at Athens, which 
has no pillars between the antae of the poniicum. 
4 n 2 



1108 



TEMPLUM. 



V. Dipteral and Psbudodipteral, Octa- 
style, of the Ionic order. To save space, the one 
side of the cut represents half of the dipteral tem- 
ple, the other side half of the pseudodipteral. 








m m m 


m m m ® 


m m m 




m \ 


f M 


M 1 




m 


m 


■ 


m 


m 1 








m 








m | 






m 


m 








m 1 






1 1 


m 








m 








m 


\ M 


m \ 




m ■ 


y m 


M i 


i M 


m m m 




m i 











The Dipteros may be considered as a Peripteros, 
increased in size and magnificence by the addition 
of another row of pillars along each side ; the 
Pseudodipteros as a Peripteros with the side co- 
lumns moved outwards over the space of one column 
and intercolumniation,so as to allow of eight columns 
in front. Vitruvius, who describes the latter first, 
assigns its invention to the architect Hermogenes. 
From the expense of such edifices, there were na- 
turally very few examples of them. The far-famed 
temple of Artemis at Ephesus, and that of Quirinus 
at Rome, were dipteral. That of Artemis at Mag- 
nesia, built by Hermogenes, wa3 pseudodipteral. 



TEMPLUM. 

VI. Hypaethral, Decastyie, of the Corin- 
thian order. 














m 


m 


1 M 


ii m a 


i m n 


m 


m 


m 


m 


® m 


m 


m 






m h 


m 


m 




3' " *■ 


m m 






ml'aiM 


m 


M 


® 


m 


n m 


m 


m 


B 

m 


IS 

® 


m m 


m 


m 


m 


® 


m m 


i§>; 


m 


m 
m 


m 
m 


u m 


m 


M 


s 


m 


® m 


m 


m 


m 
m 


m 
m 


m m 


® 


m 






m ® 


m 


m 


m 


m 


m m 


m 


m 


m 




b m 


m 


m 


M 




m m 


m 


m i 




m m ® 


> m m 



a, the statue of the god ; b 6, entrances to the 
cella from the opisthodomus ; c, apartments for the 
keeper of the temple. 

Every decastyle temple was also hypaethral, but 
there were also octastyle and even hexastyle hy- 
paethral temples. 

A question has lately been raised whether there 
ever were any hypaethral temples. The two sides 
of the question will be found discussed in the fol- 
lowing works : Ross, Keine Hyp'dthraltempel melir, 
in his Helhnika, pt. i. pp. 1 — 39, Halle, 1846, 4to., 
and Botticher, Der Hgpathraltempel, auf Grund 
des Vitruvischen Zeugnisses, gegen Prof. D. L. Ross, 
erwiesen, Potsdam, 1847, 4to. 



TEMPLUM. 

VII. PsEUDOPERIPTERAL, HeXASTTLE, of the 

Ionic Order. 



TEMPLUM. 



1109 




M 



LJ 



These were the chief normal forms of quadran- 
gular temples. The variations made upon them, 
especially by the union of two or more temples in 
one building, were very numerous. (See llirt, 
Stieglitz, and the other authorities.) One form 
deserves particular notice, inasmuch as it was 
certainly very ancient, and some writers have 
supposed that it contained the germs of all the 
other forms ; this was what VitTUviu* called the 
Ttucan Trmplr. ( Vitruv. iv. 7.) The passage of 



Vitruvius is very difficult, and has been differently 
explained, (Comp. Stieglitz and Hirt.) The fol- 
lowing engraving is so constructed a3 to contain a 
representation of the three chief forms, real or sup- 
posed, of the Tuscan temple. 




LJ 



15 
<§> 



m 
m 
m 
m 



The above plan is divided by the lines a, A, into 
three portions, by completing each of which, we have 
three different plans. Thus, if the middle portion 
be retained as it is, and the part to the right of & 
be made like that to the left of a, we have one of 
the supposed forms. Again, if the middle portion 
be retained, and the two sidescompleted on the same 
plan, namely, like the portion to the left of a, but 
without the projecting side wall, and with a round 
column in place of the square pillar which termi- 
nates it, we have what otherB suppose to have been 
the true original form of the Tuscan temple. In 
either case, the characteristic feature is the union 
of three cellar in one temple, dedicated to three 
associated deities the middle cclla, which (as 
shown in the figure) was larger than the other two, 
being assigned to the chief of the three divinities ; 
as in the great temple on the Capitol, the middle 
cella of which was dedicated to Jupiter, the cella on 
the right side of the middle one to Minerva, and 
the remaining cella to Juno. Lastly, a later varia- 
tion of the Tiiicnn temple, in which its chief pecu- 
liarity wo* lost, was made by retaining only tha 
middle cello, and carrying n peristyle of columns 
4 B 8 



1110 



TEMPLUM. 



along each side of it, as represented in the right- 
hand division of the plan and elevation. 

Circular Temples, properly so called, were pro- 
bably not used by the Greeks in early times. The 
round buildings of which we have notices were 
either iholi or mere monumental edifices. Several 
round buildings of this kind are mentioned by 
Pausanias ; such as the tholus at Athens, in which 
there were several small silver statues ; where the 
Prytaneis sacrificed (Paus. i. 5), and where, ac- 
cording to Pollux (viii. 155) they also banquetted. 
There was another tholus at Epidaurus, in the sa- 
cred grove of Asclepios, which he describes as well 
worth seeing : it was built of white marble, after 
the design of Polycleitus, and adorned on the inside 
with paintings by Pausias. (Paus. ii. 27.) (See 
Stieglitz, vol. ii. pp. 38, fol.) Vitruvius (iv. 7) 
however recognizes two regular forms of circular 
temples, to which a third must be added. 

I. The Monopteros consisted of a single circle 
of columns, standing on a platform {tribunal), the 
outer wall of which formed a stylobate or conti- 
nuous pedestal for the columns, and surmounted by 
a dome ; but without any cella. For the propor- 
tions see Vitruvius. The remains of such a temple 
have been found at the ruins of Puteoli. 





TEMPLUM. 

II. The Peripteros had a circular cella sur- 
rounded by a single peristyle of columns, standing 
on three steps, and the whole surmounted by a 
dome. Specimens are preserved in the so-called 
temples of Vesta at Rome (see wood-cut on p. 299) 
and at Tivoli. 




The proportions of the temples of this form were 
very carefully regulated. The existing specimens 
agree in most particulars with the rules laid down 
by Vitruvius, according to whom the distance of 
the wall of the cella from the edge of the substruc- 
tion was one-fifth of the whole diameter of the sub- 
struction ; and consequently the diameter of the cella 
(including its walls) was three-fifths of the whole : 
the internal diameter of the cella was equal to the 
height of the columns : the height of the dome was 
equal to a semi-diameter of the whole building : 
and the centre of the dome was surmounted by a 
pyramid (or cone), to support an ornament equal in 
height to the capitals of the columns. (For a full 
discussion of the passage, see Hirt, Lehre d. Ge- 
b'dude, pp. 29, 30.) 

Both species of round temples are mentioned by 
Servius (adAen. ix. 408), who says that they were 
peculiar to Vesta, Diana, Hercules, and Mercury ; 
and he distinguishes the Monopteros by the follow- 
ing description : — tectum sine parietibus columnis 
subnixum. 



TEMPLUM. 



TEMPLUM. 



1111 



III. Another form, of which we have the chief 
example in the Pantheon, besides some smaller 
specimens (see Hirt, § 19), consists of a circular 
cella surmounted by a dome, without a peristyle, 
but with an advanced portico. The following en- 
graving represents such a temple, with a prostyle 
tetrastyle portico, of two slightly different kinds 
(compare the left and right 6ides of the portico in 
the plan) ; the niches are for the statueB of three 
associated deities, such as Apollo, Diana, and 
Latona ; and thus this form of temple may be re- 
garded, in its religious design, as a variation of the 
old Tuscan temple. 




The portico of such a temple mieht be 
•tyle, or even octaatyle, as in the Pantheon. 



Respecting the more minute details of the con- 
struction of temples of both sorts, which our space 
does not permit us to enter into, the reader is re- 
ferred to the works of Hirt and Stieglitz, as quoted 
above ; and lists and brief descriptions of the chief 
Greek and Roman temples, with references to the 
: works in which they are more fully described, will 
be found in Miiller's Handbuch der A rdt'doloyie der 
Kunsl, under the heads of the respective periods in 
the history of the art. 

Besides the terms which have now been ex- 
plained, temples were designated by the names of 
the deities to whom they were dedicated, as the 
'OA vixirtiov or temple of Zem Olympius ; the Hap- 
Btvwv, or temple of Athena Parthenos, &c. ; and 
sometimes a name was given according to some 
peculiar feature of the structure, as in the case of 
the Parthenon at Athens, which was called Ihea- 
lompedon, because its front was exactly 100 feet 
wide. 

Independently of the immense treasures con- 
tained in many of the Greek temples, which were 
either utensils or ornaments, and of the tithes of 
spoils, &c. (Herod, vii. 132 ; Diodor. xi. 3 ; Polyb. 
it. 33), the property of temples, from which they de- 
rived a regular income, consisted of lands (xffiei'T)), 
either fields, pastures, or forests. In Attica we 
sometimes find that a demos is in possession of the 
estates of a particular temple : thus the Peiraeeus 
possessed the lands belonging to the Theseum : 
in what their right consisted is not known ; but of 
whatever kind it may have been, the revenues 
accruing from such property were given to the 
temples, and served to defray the expenses for 
sacrifices, the maintenance of the buildings, &c. 
For this purpose all temple-property was generally 
let out to farm, unless it was, by some curse which 
lay on it, prevented from being taken into culti- 
vation. (Harpocrat. s. r. 'Aire moBuin&Twv : comp. 
Isocrat. Areop. 11.) The rent for such sacred 
domains was, according to Demosthenes (in Eu- 
bulid. p. 1318), received by the demarch, probably 
the demarch of the demos by which the sacred 
domain was occupied ; for in other cases we find 
that the rents were paid to the authorities en- 
trusted with the administration of the temples. 
(BiSckh, Staakh. i. p. 827, &C, ii. p. 339.) The 
supreme control over all property of temples be- 
longed to the popular assemblv. (Deinosth. hi 
Neaer. p. 1380.) 

Respecting the persons entrusted with the 
superintendence, keeping, cleaning, etc., of temples, 
wc scarcely possess any information. [Aeditui.] 
We have mention of persons called kA(i8o0xoi, 
kAt)5ouxoi, vto<pi\ax(fi who must have been em- 
ployed as guards and porters (AetchyL Sujipl. 
•294), although it is not certain whether these 
functions were not performed by priests who were 
occasionally called by names derived from some 
particular function. At Olvmpia ipaiipivrat were 
appointed who belonged to the family of Pheidias, 
and had to keep clean the statue of the Olympian 
Zeus. (Paus. v. 1 I. § 5.) 

Tempi™ at Hume. — In the earliest times there 
appear to have lieen very few temples nt Home, 
and in many spots the worship of a certain divinity 
had been established from time immemorial, while 
we hear of the building of a temple for the same 
divinity at a comparatively late period. Thus the 
foundation of n temple to the old Italian divinity 
Saturnus, on the capitoline, did not take placo till 
i ii I 



1112 



TERMINALIA. 



TESSERA. 



498 B. c. (Liv. ii. 21 ; Dionys. vi. 1 ; Plut. Publ. 
12.) In the same manner Quirinus and Mars had 
temples built to them at a late period. Jupiter 
also had no temple till the time of Ancus Martius, 
and the one then built was certainly very insig- 
nificant. (Dionys. ii. 34 ; Liv. i. 33.) We may 
therefore suppose that the places of worship among 
the earliest Romans were in most cases simple 
altars or sacella. The Roman temples of later 
times were constructed in the Greek style. The 
cella was here, as in Greece, the inner spacious part 
of the temple which contained the statue or statues 
of the gods, and an altar before each statue. 
(Vitruv. iv. S.) The roof which covered the cella 
i9 called testudo, but it was in most cases not 
wholly covered, in order to let the light in from 
above. (Varro, ap. Serv. ad Aen. i. 505.) The 
entrance of a Roman temple was, according to 
Vitruvius, if possible, always towards the west, 
which side was at the same time faced by the 
image of the divinity, so that persons offering 
prayers or sacrifices at the altar looked towards 
the east. (Comp. Isidor. xv. 4, 7 ; Hygin. de 
Limit, p. 153, ed. Goes.) If it was not prac- 
ticable to build a temple in such a position, it was 
placed in such a manner that the greater part of 
the city could be seen from it ; and when a temple 
was erected by the side of a street or road, it 
was always so situated that those who passed by 
could look into it, and offer their salutations to 
the deity. 

As regards the property of temples, it is stated 
that in early times lands were assigned to each 
temple, but these lands were probably intended for 
the maintenance of the priests alone. [Sacerdos.] 
The sacra publica were performed at the expense 
of the treasury, and in like manner we must sup- 
pose, that whenever the regular income of a 
temple, arising from fees and fines, was not suffi- 
cient to keep a temple in repair, the state supplied 
the deficiency, unless an individual volunteered to 
do so. 

The supreme superintendence of the temples of 
Rome, and of all things connected with them, 
belonged to the college of pontiffs. Those persons 
who had the immediate care of the temples were 
the Aeditui. [L. S.] and [P. S.] 

TEMPORALIS ACTIO. [Actio.] 
TE'MPORIS PRAESCRI'PTIO. [Praescrip- 

TIO.] 

TENSAE. [Thensae.] 
TEPIDA'RIUM. [Balneae, p. 190, a.] 
TERMINA'LIA, a festival in honour of the 
god Terminus, who presided over boundaries. His 
statue was merely a stone or post stuck in the 
ground to distinguish between properties. On the 
festival the two owners of adjacent property crowned 
the statue with garlands and raised a rude altar, on 
■which they offered up some corn, honeycombs, and 
wine, and sacrificed a lamb (Hor. Epod. ii. 59) or 
a sucking pig. They concluded with singing the 
praises of the god. (Ovid. Fast. ii. 639, &c.) 
The public festival in honour of this god was cele- 
brated at the sixth milestone on the road towards 
Laurentum (Id. 682), doubtless because this was 
originally the extent of the Roman territory in that 
direction. 

The festival of the Terminalia was celebrated 
a. d. VII. Kal. Mart., or the 23d of February on 
the day before the Regifugium. The Terminalia 
was celebrated on the last day of the old Roman 



year, whence some derive its name. We know that 
February was the last month of the Roman year, 
and that when the intercalary month Mercedonius 
was added, the last five days of February were 
added to the intercalary month, making the 23rd 
of February the last day of the year. (Varro, L. L. 
vi. 13, ed. MUller; Macrob. Sat. i. 13.) When 
Cicero in a letter to Atticus (vi. 1) says, Accept 
tuas litteras a. d. V. Terminalia (i.e. Feb. 19), he 
uses this strange mode of defining a date, because 
being then in Cilicia he did not know whether any 
intercalation had been inserted that year. [Calen- 
darium, pp. 229, b. 230, a.] 

TERU'NCIUS. [As, p. 141, a.] 

TE'SSER A, dim. TESSE'RUL A and TESSEL- 
LA (ku§os), a square or cube ; a die ; a token. 

The use of small cubes of marble, earthen- 
ware, glass, precious stones, and mother-of-pearl 
for making tessellated pavements (pavimenta tessel- 
lata, Sueton. Jul. 46) is noticed under Domus, 
p. 431 and Pictura, p. 915. 

The dice used in games of chance [Alea] had 
the same form, and were commonly made of ivory, 
bone, or some close-grained wood, especially privet 
(ligusira tesseris utilissima, Plin. H. N. xvi. 18. 
s. 31). They were numbered on all the six sides 
like the dice still in use (Ovid. Trist. ii. 473) ; and 
in this respect as well as in their form they differed 
from the tali, which are often distinguished from 
tesserae by classical writers. (Gellius, xviii. 13 ; 
Cic. de Sen. 16.) [Talus.] Whilst four tali were 
used in playing, only three tesserae were anciently 
employed. Hence arose the proverb, 17 rph «£, 17 
Tpeis kvSoi, i. e. " either three sizes or three aces," 
meaning, all or none (Plat. Leg. xii. ad fin. ; Schol. 
in loc. ; Pherecrates, p. 49, ed. Runkel) ; for kvSos 
was used to denote the ace, as in the throw Svo 
KuSa Ka\ rLnapa, i. e. 1, 1,4, = 6. (Eupolis, p. 174, 
ed. Runkel ; Aristoph. Ran. 1447 ; Schol. in loc.) 
Three sizes is mentioned as the highest throw in 
the Agamemnon of Aeschylus (32). As early as 
the time of Eustathius (in Od. i. 107) we find that 
the modern practice of using two dice instead of 
three had been established. 

The ancients sometimes played with dice ir\eio-- 
to§oAiV5o [Talus], when the object was simply 
to throw the highest numbers. At other times 
they played also with two sets of Latrunculi or 
draughtsmen, having fifteen men on each side. 
The board (alveus lusorius, Plin. //. JV. xxxvii. 2. 
s. 6 ; alveolus, Gellius, i. 20, xiv. 1) was divided 
by twelve lines, so that the game must have been 
nearly or altogether the same with tric-trac or 
backgammon. (Brunck, Anal. iii. 60 ; Jacobs, ad 
loc.) Perhaps the duodecim scripta of the Romans 
was the same game. [Abacus.] 

Objects of the same materials with dice, and 
either formed like them or of an oblong shape, 
were used as tokens for different purposes. The 
tessera hospitalis was the token of mutual hospi- 
tality, and is spoken of under Hospitium, p. 619, a. 
This token was probably in many cases of earthen- 
ware, having the head of Jupiter Hospitalis stamped 
upon it. (Plaut. Poen. v. 1. 25 ; 2. 87—99.) 
Tesserae frumentariae and nummariae were tokens 
given at certain times by the Roman magistrates 
to the poor, in exchange for which they received a 
fixed amount of corn or money. (Sueton. Aug. 40, 
42, Nero, 11.) [Frumentariae Leges.] Similar 
tokens were used on various occasions, as they 
arose in the course of events. For example, when 



TESTAMENTUM. 



TEST AMENTUM. 



1113 



the Romans sent to give the Carthaginians their 
choice of peace or war, they sent two tesserae, one 
marked with a spear, the other with a Gadcceus, 
requesting them to take either the one or the 
other. (Gellius, x. 27.) 

From the application of this term to tokens of 
various kinds, it was transferred to the word used 
as a token among soldiers. This was the tessera 
viililaris, the auvSrjfxa of the Greeks. Before join- 
ing battle it was given out and passed through the 
ranks as a method by which the soldiers might be 
able to distinguish friends from foes. Thus at the 
battle of Cunaxa the word was " Zeus the Saviour 
and Victor}-," and on a subsequent engagement by 
the same troops " Zeus the Saviour, Heracles the 
Leader." (Xen. Anab. i. 8. § 16, vi. 3. § 25.) The 
soldiers of Xenophon used a verbal sign for the 
same purpose when they were encamped by night 
C vii. 3. §34). Aeneas Tacticus (c. 24) gives various 
directions necessary to be observed respecting the 
word. Respecting the tessera or watchword in the 
Roman camp, see C ASTRA, p. 251, a. [J. Y.] 

TESTA. [Fictile.] 

TESTAMENTUM is " mentis nostrae justa 
contestatio in id solemniter facta ut post mortem 
nostram valeat." (Ulp. Frag. tit. 20 ; comp. Ulp. 
Dig. 28. tit. 1. s. 1, where he has " justa senten- 
tial) In this passage the word Justa means 
" jure facta," " as required by law." The word 
Contestatio is apparently used with reference to the 
origin of the term Testamentum, which is to be re- 
ferred to " Testari," which signifies " to make a 
solemn declaration of one's will." Gellius (vi. 12) 
properly finds fault with Servius Sulpicius for 
saying that the word is compounded " a mentis 
contestatione." The person who made a Testa- 
mentum was Testator. (Sueton. Ker. 1 7 ; Dig. 
28. tit. 3. s. 17.) 

In order to be able to make a valid Roman will, 
the Testator must have the Testamentifactio (Cic. 
ad Fam. vii. 21), which term expresses the legal 
capacity to make a valid will : the word has also 
another signification. [Heres, p. 698, b.] The 
tcstamentifactio was the privilege only of Roman 
citizens who were patresiamilias. The following 
persons consequently had not the tcstamentifactio : 
those who were in the Potestas or Manus of an- 
other, or in Mancipii causa, as sons and daughters, 
wives In manu and slaves ; but with respect to his 
Castrense Peculium [Patria Potestas] a filius- 
familias bad the privilege of testamentary dispo- 
sition : Latini Juniani, Dediticii : Peregrini could 
not dispose of their property according to the 
form of a Roman will : a person who was doubtful 
as to his status, as for instance if his father had 
died abroad and the fact was not ascertained, 
could not make a testament: an Impubes could 
not dispose of his property by will even with the 
consent of his Tutor ; when a male was fourteen 
years of age, he obtained the tcstamentifactio, and 
a female obtained the power, subject to certain 
restraints, on the completion of her twelfth year : 
muti, surdi, furiosi, and prodigi " quibus lege 
bonis intcrdictum est " had not the testamcnti • 
fnctio ; the reasons why these several classes of 
persons had not the testamentifactio illustrate the 
Roman mode of deducing lejpil conclusions from 
general principles: — the Mu'.us had not the 
Tcstamentifactio, because he could not utter the 
words of Nuncupatio ; the Surdus, because he 
could not hear the words of the Em tor fumiliac ; 



the Furiosus, because he had not intellectual capa- 
city to declare his will {testari) about his property; 
and the Prodigus, because he was under a legal 
restraint, so that he had no commercium, and con- 
sequently could not exercise the formal act of the 
familiae mancipatio. (Ulp. Frag, tit 20. s. 13 ; 
Curator ; Impubes.) As to the testament which 
a man has made before he becomes Furiosus, see 
Dig. 28. tit 1. s. 20. § 4. 

Women had originally no testamentifactio, and 
when they did acquire the power, they could only 
exercise it with the auctoritas of a Tutor. Of course 
a daughter in the power of her father, whether she 
was unmarried or married, and a wife in manu 
could never make a wilL The rules therefore as 
to a woman's capacity to make a will, could apply 
only to unmarried women after the death of their 
father and to widows who were not in the power 
of a father. This subject requires explanation. 

Cicero (Top. 4) observes " if a woman has made 
a will, and has never undergone a capitis diminutio, 
it docs not appear that the Bonorum Possessio can 
be granted in pursuance of such will according to 
the Praetor's Edict ; for if it could, the Edict must 
give the Possessio in respect of the wills of Servi, 
Exules, and Pueri." Cicero means to say that if 
a woman made a will without having sustained a 
capitis diminutio, the will could have no effect at 
all : and he derives his argument " ab adjunctis," 
for if such a will could have any effect, then the 
wills of other persons, who had not the testamenti- 
factio, might be effectual so far as to give the 
Bonorum Possessio. It is not a logical inference 
from the language of Cicero that a woman w ho 
had sustained a capitis diminutio could make a 
will ; but this is the ordinary meaning of such 
language and it appears to be his. Consistently 
with this, Ulpian says (Frag. tit. 20. s. 15), " wo- 
men after their twelfth year can make a will with 
the auctoritas of a Tutor, so long as they are in 
tutcla ; " and the comment of Bocthius on the pas- 
sage of the Topica clearly shows that he understood 
it in this way. A woman then could make a will 
with the auctoritas of her Tutor and not without. 
Now if a woman was in Tutela Legitima, it might 
be correctly said that she could not make a will ; 
for, if she was Ingcnua, the tutela belonged of 
right to the Agnati and Gentiles, and if she was a 
Liberta, it belonged to the patron. In these cases 
a woman could indeed make a valid will with the 
consent of her Tutores, but as her Tutores were 
her heirs in case of intestacy, such consent would 
seldom be given, and though a woman under such 
circumstances might be allowed to make a will, it 
may be assumed that it was a circumstance alto- 
gether unusual, and thus the rule as to a woman 
in Tutcla Legitima, as above stated, might be 
laid down as generally true. The passage of 
Cicero therefore docs not apply to the Tutela 
Legitima, but to something else. Since the dis- 
covery of the Institutes of Gaius the difficulty has 
been cleared up, though it hud been solved in a 
satisfactory manner by Savigny befnre the pub- 
lication of (iaim. (Ilrjilrm) inr (Ir^rhiehtc dir 
GescJilerJitstutet, Zeitschrift, voL iii. p. 328.) 

A woman could make a " coemptio fiduciac 
causa," in order to qualify herself to make a will ; 
fur " at that time women had not the power of 
making a will, except certain persons, unless they 
made a co-cmptio and were remancipatcd and 
manumitted ; but on the recommendation of I la- 



1114 



TESTAMENT UM. 



TESTAMENTUM. 



drian the senate made the ceremony of coemptio 
unnecessary for this purpose." (Gaius, 115, a.) 
The coemptio was accompanied with a capitis 
diminutio, and this is what Cicero alludes to in the 
passage of theTopica. [Matrimonium (Roman).] 
A woman who came in manum viri had sustained a 
capitis diminutio, but it must not be inferred from 
this that if she became a widow she could make a 
will. The Capitis diminutio of Cicero means that 
the will must be made with the auctoritas of a 
tutor. Now if the husband died, when the wife 
had been in manu, and he appointed no tutor for 
her, she was in the legitima tutela of her nearest 
agnati, who would be her own children and step- 
children, if she had any. But the tutela legitima in 
such a case would seem something unnatural, and 
accordingly the magistratus would give a tutor to 
the woman ; and such a tutor, as he had no in- 
terest in the woman's property, could not prevent 
her from making a will. The husband might by 
his will give the wife a power to choose a Tutor 
(tutoris optio), and such a Tutor could not refuse 
his consent to the woman making a will ; for in- 
stead of the woman being in the potestas of the 
tutor, he was in the potestas of the woman, so far 
as to be bound to assent to her testamentary dis- 
positions. (Compare Liv. xxxix. 19 ; Cic. pro 
Muren. c. 17 ; Gaius, i. ISO.) 

The case of Silius (Cic. ad Fam. vii. 21) may 
be a case of a woman's making a will, without the 
auctoritas of a tutor, for it appears that a woman 
(Turpilia) had disposed of property by will, and 
Servius Sulpicius was of opinion that this was not 
a valid will, because the will-maker had not the 
testamentifactio. There may however have been 
other reasons why the will-maker had not the 
testamentifactio, than the want of a capitis di- 
minutio (in the sense of Cic. Top. 4), and con- 
sequently the opinion of those critics who refer 
the case mentioned in this letter to the principle 
of the Capitis diminutio is not a certain truth. 

The following references may be consulted as to 
this matter : Cic. pro Caecin. 6. 25, pro Flacc. 35, 
pro Muren. 12, ad Att. vii. 8 ; Liv. xxxix. 19 ; 
Gaius, i. 150, &c. 

Libertae could not make a testament without the 
auctoritas of their patronus, except so far as this 
rule was altered by enactments ; for they were in 
the legitima tutela of their patronus. Libertae, 
who had a certain number of children, could make 
a will without the auctoritas of their patronus. 
[Patronus.] 

The Vestal Virgins had no tutor, and yet they 
could make a Testament. The Twelve Tables re- 
leased them from all tutela " in honorem sacer- 
dotii." (Cic. de Rep. iii. 10 ; Gaius, i. 145.) 

In order to constitute a valid will, it was neces- 
sary that a heres should be instituted, which might 
be done in such terms as follow : — Titius heres 
esto, Titium heredem esse jubeo. [Heres (Ro- 
man.)] 

All persons who had the commercium could be 
heredes ; slaves also and others who were not sui 
juris could be made heredes, but they could not 
take for themselves. [Heres ; Servus, p. 1037.] 
But there were many classes of persons who could 
not be heredes : Peregrini, who had not received 
the commercium: persons who were imperfectly 
described : Juristical persons or universitates, ex- 
cept by their liberti, a privilege granted by a 
Senatusconsultum : Gods, or the temples of Gods, 



except such as were excepted by a Senatuscon- 
sultum and Imperial Constitutions, such as Jupiter 
Tarpeius, Apollo Didymaeus, Mars in Gallia, 
Minerva Iliensis, Hercules Gaditanus, and others 
enumerated by Ulpian {Frag. tit. 22. s. 6) : a 
Postumus alienus could not be made a heres, for 
he was an incerta persona : it is a disputed ques- 
tion whether, according to the old law, women 
could be made heredes ; but the question concerns 
only those who were sui juris, as to whom there 
seems no sufficient reason why they could not be 
made heredes ; the capacity of women to take 
under a will was limited by the Lex Voconia : 
unmarried persons and persons who had no children 
were limited as to their capacity to take under a 
will by the Papia Poppaea Lex. [Lex Julia et 
Papia Poppaea.] 

The first question as to the validity of a will was 
the capacity of the testator : the next question was 
as to the proper observance of the forms required 
by law, " except in the case of soldiers, who, in 
consideration of their little acquaintance with such 
matters, were allowed to make their wills as they 
pleased or as they could." (Gaius, ii. 114.) This 
remark of Gaius seems to refer to the Imperial 
period. 

As to the Form of wills, Gaius (ii. 101) and 
Ulpian (Frag. tit. xx.) are now the best authorities. 

Originally there were two modes of making 
wills ; for people made their wills either at Calata 
Comitia, which were appointed twice a year for 
the making of wills ; or they made wills in pro- 
cinctu, that is, when they were going to battle ; for 
an army in movement and under arms is Procinctus. 
A third mode of making wills was introduced, 
which was effected per aes et libram, whence the 
name of Testamentum per aes et libram. If a man 
had neither made his will at Calata Comitia nor In 
procinctu, and was in imminent danger of death, 
he would mancipate (mancipio dabat) his Familia, 
that is, his Patrimonium to a friend and would tell 
him what he wished to be given to each after his 
death. The old form of making a will per aes et 
libram was this. The Familiae emtor, that is the 
person who received the Familia by mancipation, 
filled the place of heres, and accordingly the testator 
instructed him what he wished to be given to each 
after his death. In the time of Gaius the practice 
was different. One person was instituted heres 
(heres testamento instituitur),\vho was charged with 
the payment of the legacies, or, as it is expressed 
in the phraseology of the Roman Law, " a quo 
etiam legata relinquebantur ; " and another person 
was present as familiae emtor from a regard to the 
old legal form. The mode of proceeding was this. 
The testator, after having written his will (tabulae 
testamenti), called together five witnesses, who were 
Roman citizens and puberes, and a libripens, as 
in the case of other mancipationes, and mancipated 
his familia to some person in compliance with legal 
forms (dicis causa). The words of the Familiae 
emtor (Gaius, ii. 104) show clearly the original 
nature of the transaction : " Familiam pecuniamque 
tuam endo mandatam tutelam custodelamque meam 
recipio eaque quo tu jure testamentum facere possis 
secundum legem publicam hoc aere (aeneaque libra) 
esto mihi emta." (As to the reading of this pas- 
sage, see Puchta, Inst. iii. § 306, note g.) The 
Emtor then struck the scales with a piece of money 
which he gave to the testator as the price of the 
Familia. Then the testator taking the will in his 



TEST AMENTUM. 



TESTAMENTUM. . 1115 



hand said : " Haec ita ut in his tabulis cerisque 
(or cerisve) scripta sunt ita do ita lego ita testor 
itaque vos Quirites testimonium mihi perhibetote." 
This was called the Nuncupatio or publishing of 
the will ; in other words the testator's general con- 
firmation of all that he had written in his will. 

As the Familiae emtio was supposed to be a real 
transaction between the Emtor and Testator, the 
testimony of their several families was excluded, 
and consequently a person who was in the power 
of the Familiae Emtor, or in the power of the 
Testator could not be a witness. If a man who 
was in the power of another was the familiae 
emtor, it followed that his father could not be a 
witness, nor his brother, if the brother was in the 
power of the father. A filiusfamilias who after his 
Missio disposed of his Castrense peculium by testa- 
ment, could not have his father as witness nor any 
one who was in the power of his father. The same 
rules applied to the libripens, for he was a witness. 
A person who was in the power of the hcrcs or of 
a legatee or in whose power the heres or legatee 
was, or who was in the power of the same person 
as the heres or a legatee, and also the heres or a 
legatee could all be witnesses ; for as Ulpian ob- 
serves, there is no objection to any number of wit- 
nesses from the same family. But Gaius observes 
that this ought not to be considered as law with 
respect to the heres, and him who is in the power 
of the heres and him in whose power the heres is. 

According to Gaius, wills were originally made 
only at Calata Comitia, and In Procinctu. The 
Comitia were held twice a year for the purpose of 
making wills, and a will not made there was in- 
valid. It is sometimes assumed that these Comitia 
were held in order that the Gentes might consent 
to the testamentary- disposition, in which it is im- 
plied that they might refuse their consent. But 
there is no direct evidence for this opinion, and it 
derives no support from a consideration of the 
mode of disposing of property per acs et libram. 
The form per aes et libram was a form introduced 
in cases when the will had not been made at the 
Calata Comitia nor In Procinctu. It had effect 
because it was an alienation of property inter vivos 
without the consent of any parties except the buyer 
and seller, which alienation must be assumed to 
have been a legal transaction at the time when this 
new form of will was introduced. This new form 
was a sale and the familiae emtor undertook a 
trust ; he resembled the heres fiduciarius of later 
times. It is probable enough that there were 
originally no means of compelling him to execute 
the trust, but opinion would be a sufficient gua- 
rantee that the testator's will would be observed, 
and thus would arise one of those parts of Law 
which had its source in Mos. Now when the 
Romans introduced new legal forms, they always 
assimilated them to old forms, whence we have a 
probable conclusion that the form of mancipatio was 
alio observed at the Calata Comitia ; and if so, the 
consent of the Gentes was not necessary, unless it 
was necessary to every alienation of property, which 
in the absence of evidence must not be assumed, 
though such may have been the fact. The dif- 
ference then between the will made at the Calata 
Comitia and the will per aes et libram, consisted 
in the greater solemnity and notoriety of the 
former, and the consequent greater security that the 
testator's intentions would be observed. Written 
wills arc not spoken of with reference to this time, 



nor is it probable that wills were written : it does 
not appear that a written will was ever required 
by law. The testator's disposition of his property 
would be short and simple in those early times, 
and easily remembered ; but there would be greater 
security for an unwritten will made at the Comitia 
than for an unwritten will made per aes et libram; 
whence in course of time Tabulae became a usual 
part of the ceremony of a will. 

As we are ignorant of the true nature of private 
property among the Romans, viewed with respect 
to its historical origin, we cannot determine with 
certainty such questions as these respecting testa- 
mentary disposition, but it is of some importance 
to exclude conjectures which are devoid of all evi- 
dence. Rein (Das Rom. Prwatrecht, p. 373, note) 
has referred to the modern writers who have dis- 
cussed this subject : he has adopted the opinion of 
Niebuhr, according to which " as the property of 
an extinct house escheated to the cury, that of an 
extinct cury to the publicum of the citizens at large, 
the consent of the whole populus was requisite ; and 
this is the origin of the rule that testaments were 
to be made in the presence of the pontiff and the 
curies." (Hist, of Rome, vol. ii. p. 338.) But there 
is no evidence of the assertion contained in the first 
part of this passage ; and if this rule as to escheat 
is admitted to be a fact, the rule that testaments 
must be confirmed by the pontiff and curies is no 
necessary conclusion. Niebuhr further observes 
that " the plebeian houses were not so connected ; 
but the whole order had a public coffer in the 
temple of Ceres ; and when the army, being as- 
sembled in centuries, either on the field of Mars, 
or before a battle, passed the last will of a soldier 
into a law, it thereby resigned the claims of the 
whole body to the property." This assertion also 
is not supported by evidence, and is therefore a 
mere conjecture against the probability of which 
there are sufficient reasons. 

The Testamentum in procinctu is, for anything 
we know to the contrary, as old as the testament 
at the Calata Comitia. In this case the forms of 
the Calata Comitia were of necessity dispensed 
with, or the soldier would often have died intes- 
tate. This power of disposition in the case of a 
Testamentum in procinctu could not depend on the 
consent of the whole populus, in each particular 
instance ; for the nature of the circumstances ex- 
cluded such consent. He had therefore full power 
of disposition In Procinctu, a circumstance which 
leads to the probable conclusion that the will made 
at the Calata Comitia differed only from the other 
will in its forms and not in its substance. Some 
writers assert that the Testamentum in Procinctu 
could only be made after the aiiBpices were taken, 
which gave the testament the religious sanction, 
and that when the auspices ceased to be taken in 
the field, this kind of testament ceased to be made; 
and that the military testaments mentioned about 
the latter part of the republic (as by Caesar, litll. 
OaB, i. 39 ; Veil. Put. ii. 5, itc.) were not the same 
kind of testaments, but purely military testaments 
made without any form, which in the Imperial 
period became in common use and of which Julius 
Caesar probably introduced the practice. (Dig. '20. 
tit. 1. He Trstamento MilUii.) Cicero however 
■peak* of the will In procinctu ('/« Or. i. S3) as 
then in use, and he describes it as made " sine 
libra et tabulis," that is, without the forms which 
were used after the introduction of the tcatumentum 



1116 , TESTAMENTUM. 

per aes et libram. Thus the Testamentum in Pro- 
cinctu always retained its characteristic of being 
exempted from legal forms, but as to the capacity 
of the Testator it was always subject to the same 
rules of law as other wills, so far as we know. 

The form of Mancipatio owed its origin to posi- 
tive enactments : it was a form of alienation ac- 
companied with certain public ceremonies, the pre- 
sumed object of which was to secure evidence of the 
transfer. The form of Mancipatio as applied to a 
will was exactly the same form as Mancipatio ap- 
plied to any other purpose : it was an alienation 
of the property, and according to strict principles 
it must have been irrevocable. It may be con- 
cluded then that Roman wills were originally irre- 
vocable. It is sometimes assumed that the five 
witnesses to the Testament (cives Romani puberes) 
were representatives of the five Classes of Servius 
Tullius. If this is true (which is a mere assump- 
tion) the classes were represented as witnesses 
only, not as persons who gave their consent to 
the act. Engelbach states : " Mancipation was 
originally a formal sale in which the publicness of 
the transaction constituted the essential character- 
istic. When the seller had transferred to the 
buyer the ownership of a thing before the five 
representatives of the five classes of the Roman 
People, this was as valid as any other Lex which 
was brought before the assembly of the People and 
passed into a Lex." (Ueber die Usucapion zur Zeit 
der Zwolf Tafeln, p. 80.) The whole meaning of 
this is not clear, but so far as this it is clear and 
true : the Testamentum per aes et libram differed 
in no respects as to the capacity of the alienor, from 
any other Mancipation. Now we must either sup- 
pose that the assumed consent of the populus to the 
Testamentary disposition at the Calata Comitia, 
was expressed by a special enactment which should 
transfer the property according to the Testator's 
wish, or that the consent only must have been 
given to the transfer, and the transfer must have 
been made in the usual way : the latter is the only 
conceivable case of the two. In assuming this 
original necessity of consent on the part ot the 
populus to the testamentary disposition, we as- 
sume that Roman property was originally inalien- 
able at the will of the owner. This may be true, 
but it is not yet shown to be so. 

The Twelve Tables recognize a man's power to 
dispose of his property by will as he pleased : " Uti 
legassit super pecunia tutelave suae rei ita jus eslo." 
(Ulp. Frag. tit. xi. 14.) It is generally admitted, 
and the extant passages are consistent with the 
opinion, that the new testamentary form per aes 
et libram existed while the two original forms were 
still in use. Now in the testamentum per aes et 
libram there is no pretence for saying that any 
consent was required except that of the buyer and 
seller ; and the Twelve Tables recognize the testa- 
tor's power of disposition. If then the form of 
testament at Comitia Calata subsisted after the 
Twelve Tables, we have, according to the views of 
some writers, a form of testamentum to which the 
consent of the testator was sufficient and another 
form in which it was not. There still remains to 
those who support this opinion, the power of saying 
that the consent of the sovereign people had become 
a form, and therefore it was indifferent, so far as 
concerns this consent, whether • the will was made 
at the Comitia where it would be fully witnessed, 
or per aes et libram where it would be witnessed 



TESTAMENTUM. 

by the five representatives. But it is easy to sug- 
gest possibilities ; less easy to weigh evidence ac- 
curately and to deduce its legitimate consequences. 

As already observed, there seems to have been 
no rule of law that a testament must be written. 
The mancipatio required no writing, nor did the in- 
stitution of a heres, and the number of witnesses 
was probably required in order to secure evidence 
of the testator's intentions. Thus it is said (Dig. 28. 
tit. 1. s. 21) that the heres might either be made 
by oral declaration (nuncupatio) or by writing. 
Written wills however were the common form 
among the Romans at least in the later republican 
and in the imperial periods. They were written 
on tablets of wood or wax, whence the word 
" cera" is often used as equivalent to "tabella;" 
and the expressions prima, secunda cera are equi- 
valent to prima, secunda pagina. The will might be 
written either by the testator or any other person 
with his consent, and sometimes it was made with 
the advice of a lawyer. It was written in the Latin 
language, until a. d. 439 when it was enacted that 
wills might be in Greek. (Cod. 6. tit. 23. s. 21.) 
By the old law a legacy could not be given in the 
Greek language, though a fideicommissum could be 
so given. It does not appear that there was origi- 
nally any signature by the witnesses. The will was 
sealed, but this might be done by the testator in 
secret, for it was not necessary that the witnesses 
should know the contents of the will ; they were 
witnesses to the formal act of mancipatio, and to 
the testator's declaration that the tabulae which he 
held in his hand contained his last will. It must 
however have been in some way so marked as to 
be recognized, and the practice of the witnesses 
(testes) sealing and signing the will became common. 
(As to the will of Claudius, see Suetonius, Claudius, 
44.) It was necessary for the witnesses both to 
seal (signare), that is, to make a mark with a ring 
(annulus) or something else on the wax and to add 
their names (adscribere). The five witnesses signed 
their names with their own hand, and their ad- 
scription also declared whose will it was that they 
sealed. (Dig. 28. tit. 1. s. 30.) The seals and 
adscriptions were both on the outside. A Senatus- 
consultum, which applied to wills among other in- 
struments, enacted that they should be witnessed 
and signed as follows : they were to be tied with a 
triple thread (linum) on the upper part of the 
margin which was to be perforated at the middle 
part, and the wax was to be put over the thread 
and sealed. Tabulae which were produced in any 
other way had no validity. (Compare Paulus, 
S. R. v. tit. 25. s. 6, where impositae seems to be 
the true reading, with Sueton. Ner. 17.) A man 
might make several copies of his will, which was 
often done (ut vulgo fieri solet, Dig. 31. tit. 1. 
s. 47 ; a case put to Proculus) for the sake of 
caution. Both Augustus and Tiberius made two 
copies of their wills. (Sueton. Aug. 101, Tiber. 76.) 
When sealed, it was deposited with some friend, or 
in a temple, or with the Vestal Virgins; and after the 
testator's death it was opened (resignare) in due 
form. The witnesses or the major part were present, 
and after they had acknowledged their seals, the 
thread (linum) was broken and the will was opened 
and read, and a copy was made ; the original was 
then sealed with the public seal and placed in the 
archium, whence a fresh copy might be got, if the 
first copy should ever be lost. (Paulus, iv. 6.) This 
practice described by Paulus may have been of 



TEST AMENTUM, 
considerable antiquity. The will of Augustus 
which had been deposited with the Vestal Virgins 
was brought into the Senate after his death 
(Tacit. Ann. i. 8) : none of the witnesses were 
admitted except those of Senatorian rank ; the 
rest of the witnesses acknowledged their signa- 
tures outside of the Curia. (Sueton. Tib. 23.) 

A passage in a Novel of Theodosius II. (a. d. 
439, De Testamentis) states the old practice as to 
the signature of the witnesses. " In ancient times 
a testator showed (offerebat) his written testament 
to the witnesses, and asked them to bear testimony 
that the will had so been shown to them (oblatarum 
tabularum perhibere testimonium) " which are almost 
the words of Gains. The Novel goes on to state 
that the ignorant presumption of posterity had 
changed the cautious rule of the ancient law, and 
the witnesses were required to know the contents 
of the will ; the consequence of which was that 
many persons preferred dying intestate to letting 
the contents of their wills be known. The Novel 
enacted what we may presume to have been the 
old usage, that the testator might produce his will 
sealed, or tied up, or only closed, and offer it to 
seven witnesses, Roman citizens and puberes, for 
their sealing and adscription, provided at the same 
time he declared the instrument to be his will and 
signed it in their presence, and then the witnesses 
affixed their seals and signatures at the same time 
also. Valentinian 1 1 1, enacted that if aTestamentum 
was holographum, witnesses were not necessary. 

A fragment of a Roman will, belonging to the 
time of Trajan, was published by Pugg£ in the 
IiheiniscJies Museum, vol. i. p. 249, &c. ; and it is 
explained by Rudorff (Das Testament des Da- 
sumius, Zeitsehrift, &c. vol. xii. p. 301). 

The penalties against fraud in the case of wills 
and other instruments were fixed by the Lex 
Cornelia. [Falsum.] 

The Edict established a less formal kind of will, 
since it acknowledged the validity of a written will 
when there had been no mancipatio, provided there 
were seven witnesses and seven seals, and the tes- 
tator had the testamentifactio at the time of making 
the will and at the time of his death. (Gaius, ii. 
1 47.) The terms of the Edict are given by Cicero 
(in Verr. i. 1, 4.5.) The Edict only gave the Bo- 
norum Posscssio which is the sense of hereditas in 
the passage of Cicero referred to, as well as in Gaius 
(ii. 119). This so-called Praetorian Testament ex- 
isted in the Republican period, and for a long time 
»ftcr. Thus a man had his choice between two 
forms of making his will ; the Civil form by Man- 
cipatio, and the Praetorian with seven seals and 
seven witnesses, and without Mancipatio. (Savigny, 
lieytrai) zur (itschichlc der Horn. Tcstam., Zeitsehrift, 
vol. i. p. 78.) 

The Praetorian Testament prepared the way for 
the abolition of Mancipatio, the essential character 
of a will made according to the Jus Civile, and in 
the Legislation of Justinian the form of making a 
testament was simplified. It required seven male 
witnesses of competent age and legal capacity, and 
the act must be done in the presence of all, at the 
same place, and at the same time, that is, it must 
be continuous. The testator mi«ht declare his last 
will orally (nine srriptis) before seven witnesses, 
and this was a good will. If it was a written will, 
the testator acknowledged it before the witnesses 
as his lost will, and put his name to it, and the 
witnesses then subscribed their names and affixed 



TEST AMENTUM. 1117 
their seals. The testator might write his will or 
have it written by another person, but such other 
person could derive no advantage under the will. 
[Sexatusconsultum Liboxianum.] 

The cases in which a wil! was not valid, because 
the heredes sui were not expressly exheredated, are 
stated in Herks (Roman). 

A testament which was invalid from the first was 
Injustum and never could become valid : it was 
Non jure factum, when the proper forms had not 
been observed ; it was Nullius Momenti, as in the 
case of a filiusfamilias who is " practeritus." A 
Testamentum Justum might become either Ruptum 
or Irritum in consequence of subsequent events. 
(Dig. 28. tit. 3. s. 1.) 

A testament became Ruptum, if the testator made 
a subsequent testament in due form as required 
by law : and it made no matter, whether or not 
there turned out to be a heres under the second 
will ; the only question was whether there could 
have been one. If then the heres named in the 
second will refused the hereditas, or died either 
in the lifetime of the testator, or after his death, 
and before the cretio, or failed to comply with the 
conditions of the will, or lost the hereditas under 
the Lex Julia et Papia Poppaea — in all these cases 
the paterfamilias died intestate. 

The testator must have a capacity to make a 
will and continue to have the capacity until his 
death ; but this principle does not apply to mental 
sanity, for the will was valid if the testator became 
insane. But the will became Irritum if the tes- 
tator sustained a capitis diminutio after the date of 
the will ; or if it failed of effect because there was 
no heres. Thus a prior will which was invalidated 
by a subsequent will was Ruptum, and if there was 
no heres under the subsequent will, such will was 
Irritum. 

If a man who had made a will was taken pri- 
soner by the enemy, his will was good jure post- 
lirninii if he returned home; if he died in captivity, 
it was made as valid by the Lex Cornelia as if he 
had not been a captive. 

Though a will might be Ruptum or Irritum by 
the Jus Civile, it was not always without effect ; 
for the Bonorum Possessio secundum tabulas might 
be had by the scriptus heres, if the will was wit- 
nessed by seven witnesses, and if the testator had 
the testamentifactio. The distinction between the 
case of a will which was invalid Jure Civili for 
want of due forms, and one which was invalid for 
want of legal capacity to dispose of property by 
will was well recognized in the time of Cicero. 
(Top. 1 1.) A will also became Ruptum by adgnatio, 
that is, if a suus herc3 was born after the making 
of the will who was not cither instituted heres or 
exheredated, as the law required. A quasi adgnatio 
also arose by adoption, or by the in manum con- 
ventio, or by succession to the place of a suus heres, 
as in the instance of a grandson becoming a suus 
heres in consequence of the death or the emancipa- 
tion of a son : a will also became ruptum by the 
manumission of a son, that is, where the son after 
a first and second mancipation returned into the 
power of his father. [ Kmancipatio.] 

A testament was called Inofficiosum which was 
made in legal form, "sed non ex officio pietatis." 
For instance, if a man had exheredated his own 
children, or passed over his parents, or brothers or 
sisters, the will was in form a good will, but if 
there was no sufficient reason for this exhercdation 



1118 TEST AMENTUM. 



TESTUDO. 



or praeterition, the persons aggrieved might have 
an Inofficiosi querela. The ground of the com- 
plaint was the allegation that the testator was 
" non sanae mentis," so as to have capacity to 
make a will. It was not alleged that he was 
Furiosus or Demens, for these were technical words 
which implied complete legal incapacity. The dis- 
tinction was a fine one, and worthy of the subtlety 
of the Jurists, to whom it may be presumed to 
owe its origin. By the legislation of Justinian 
no person could maintain a Querela inofficiosi beyond 
the degree of brothers and sisters ; and brothers 
and sisters could only maintain their claim against 
" scripti heredes " who were " turpes personae." 
The complaint also could only be maintained in 
cases where the complaining parties had no other 
right or means of redress. If any portion, how- 
ever small, was left by the will to the complaining 
party, he could not maintain a Querela inofficiosi, 
and he was only intitled to so much as would make 
up his proper share. If the judex declared the 
testamentum to be Inofficiosum, it was rescinded ; 
but if there were several heredes, the testament 
would only be rescinded as to him or them against 
whose institution the Judex had pronounced. 
The portion of an hereditas which might be claimed 
by the Querela inofficiosi was one-fourth, which 
was divided among the claimants pro rata. (Plin. 
Ep. v. 1 ; Inst. 2. tit. 18 ; Dig. 5. tit. 2, De 
Inofficioso Testamento.) 

The Querela Inofficiosi is explained by Savigny 
with his usual perspicuity {System, &c. vol. ii. p. 
127). When a testator passed over in his will 
any of his nearest kinsfolks, who in the case of 
intestacy would be his heredes, this gave rise to 
the opinion that the person thus passed over had 
merited this mark of the testator's disapprobation. 
If this opinion was unfounded, the testator had done 
an unmerited injury to the person, and his remedy 
was by getting the will set aside, as made under 
the influence of passion. If the will was set aside, 
the testator was thereby declared to have died in- 
testate, and the complainant obtained the hereditas 
which was the immediate object of the Querela, or 
his share of it. But the ultimate object of the 
Querela was the public re-establishment of the in- 
jured honour of the complainant, who in this action 
appeared in a hostile position with respect to the 
Testator who had brought his character in question. 
Consequently this action had for its ultimate object 
Vindicta, and the peculiarity of the action consisted 
in the difference between this ultimate object of 
the action and the immediate object of it (pro- 
perty), which was merely a means to the ultimate 
object. [Vindicta.] 

There is no evidence to show when the Querela 
Inofficiosi was introduced as a mode of setting aside 
a will. The phrase Testamentum Inofficiosum 
occurs in Cicero, and in Quintilian {Inst. Or. 
x. 2). 

Codicilli were an informal will : they may be 
defined to be a testamentary disposition of such a 
kind which does not allow any direct universal 
succession, and, consequently, neither the direct 
appointment nor exheredation of a heres, even 
though the codicilli are confirmed by a testa- 
ment ; but he who was appointed heres by a 
testament, might be requested by codicilli to give 
the hereditas to another altogether or in part, even 
though the codicilli were not confirmed by a Testa- 
ment. A legacy could not be given by codicilli, 



unless the codicilli were confirmed by a will ; and 
this must be the case to which Pliny refers {Ep. 
ii. 16). Acilianus had made Pliny "heres ex 
parte," but he had also made codicilli in his own 
handwriting, which as Pliny alleges were void 
{pro non scriptis habendi), because they were not 
confirmed by the will. Now, as already observed, 
it appears from Gaius (ii. 273), that a person who 
was appointed heres by a will, might be required 
by codicilli to give the whole hereditas or a part to 
another, even though the codicilli were not con- 
firmed by a will. But Pliny is speaking of codicilli 
which were void for want of a testamentary con- 
firmation ; and this, as we learn from Gains, is the 
case of a legacy given by codicilli which have not 
been confirmed by a will. This confirmation might 
be either prospective or retrospective {si in testa- 
mento caverit testator, ut quidquid in codiciUis serip- 
serit, id ratum sit, Gaius, ii. 270 ; quos novissimos 
fecero. Dig. 29. tit. 7. s. 8). This passage of Pliny 
as to the confirmation of codicilli by a testament, 
has sometimes been misunderstood. It is stated, 
(Dig. 29. tit. 7. s. 8), " Conficiuntur codicilli qua- 
tuor modis : aut enim in futurum confirmantur aut 
in praeteritum, aut per fideicommissum testamento 
facto aut sine testamento." These four modes are 
referred to in Gaius : the first two are contained in 
the words above quoted, Si in testamento, &c. : the 
third is the case of the heres institutus being re- 
quired to give the hereditas to another person by 
codicilli non confirmati ; and the fourth is the case 
of a fideicommissum given by codicilli of a person 
who made no other testamentary disposition. It 
was a rule of law that codicilli, when duly made, 
were to be considered (except in a few cases) as 
incorporated in the will at the time when the will 
was made, a principle which led to various legal 
conclusions, which the Roman jurists deduced with 
their usual precision. (Dig. 27. tit. 7. s. 2.) 

Originally there was probably no particular form 
required for codicilli ; but there must have been 
evidence of their containing the testator's intention. 
Subsequently witnesses were required and five wit- 
nesses were sufficient for codicilli made in writing, 
if the witnesses subscribed their names to the codi- 
cilli. (Cod. 6. tit. 36.) But a man could with- 
out writing and in the presence of five witnesses 
impose a fideicommissum on his heres. A testa- 
ment which was defective as such, might be ef- 
fectual as codicilli. The power to make codicilli 
was the same as the power to make a testament. 
(Dig. 29. tit. 7. De Jure CodiciUorum ; Inst. 2. tit, 
25.) 

The subject of Roman Testaments can only be 
satisfactorily expounded in a large treatise, and it 
would require to be treated historically. The pre- 
ceding sketch may be useful, and generally true, 
and it affects to be nothing more. (Gaius, ii. 101 
— 108 ; Ulp. Frag. xx. ; Inst. 2. tit. 10, &c. ; Dig. 
28. tit. 1 ; Cod. 6. tit. 23 ; Vangerow, PandeMen, 
&c. ii. § 427, &c.) [G. L.] 

TESTIS, a witness. 1. Greek. [Mar- 
tyria.] 2. Roman. [Jusjurandum.] 

TESTU'DO (x«At^vr)), a tortoise, was the name 
given to several other objects. 

1. To the Lyra, because it was sometimes made 
of a tortoise-shell. [Lyra.] 

2. To an arched or vaulted roof. (Virg. Aen. i. 
505; Cic. Brut. 22.) [Templum, p. 1112, a.] 
Thus in a Roman house, when the Cavum Aedium 
was roofed all over and had no opening or com- 



TESTUDO. 



THALAMITAE. 



1119 



pluvium in the centre, the Cavum Aedium was 
called Testudo. (Varr.Z.i. v. 161, ed. Miiller.) 
[Domus, p. 427, h.] 

3. To a military machine moving upon wheels 
and roofed over, used in besieging cities, under 
which the soldiers worked in undermining the 
walls or otherwise destroying them. (Caes. B. G. 
v. 42, 43, B.C. ii. 2.) It was usually covered 
with raw hides or other materials which could 
not easily be set on fire. The battering-ram 
[Aries] was frequently placed under a testudo of 
this kind, which was then called Testudo Arietaria. 
(Vitruv. x. 19. p. 322, Bip.) Vitruvius also men- 
tions and explains the construction of several other 
military machines to which the name of Testudines 
was given (x. 20, 21 ; compare Polyb. ix. 41). 

4. The name of Testudo was also applied to the 
covering made by a close body of soldiers who 
placed their shields over their heads to secure 
themselves against the darts of the enemy. The 
shields fitted so closely together as to present one 
unbroken surface without any interstices between 
them, and were also so firm that men could walk 
upon them, and even horses and chariots be driven 
over them. (Dion Cass. xlix. 30.) A testudo was 
formed (testudinem facerc) either in battle to ward 
off the arrows and other missiles of the enemy, or, 
which was more frequently the case, to form a pro- 
tection to the soldiers when they advanced to the 
walls or gates of a town for the purpose of attack- 
ing them. (Dion Cass. I.e.; Liv. x. 43 ; Caes.fi. 
G. ii. 6 ; SalL Jug. 94 ; see cut annexed, taken 




from the Antonine column.) Sometimes the shields 
were disposed in such a way as to make the testudo 
slope. The soldiers in the first line stood up- 
right, those in the second stooped a little, and each 
line successively was a little lowrr than the pre- 
ceding down to the last, where the soldiers rested 
on one knee. Such a disposition of the shields 
was called Fustigata Teslmlo, on account of their 
sloping like the roof of a building. The advan- 
tages of this plan were obvious : the stones and 
missiles thr.»wn upon the shields rolled off them 
like water from a roof ; besides which, other sol- 
diers frequently advanced upon the m to attack the 
enemy upon the walls. Th>- Romans were accus- 



tomed to form this kind of testudo, as an exercise, 
in the games of the Circus. (Liv. xliv. 9 ; Polyb. 
xxviii. 12.) 

TETRADRACHMON. [Drachma.] 

TETRARCHA or TETRARCHES (rerpdp- 
Xis)- This word was originally used, according to 
its etymological meaning, to signify the governor of 
the fourth part of a country (rerpapx'^ or Trrpa- 
Sapxia). We have an example in the ancient di- 
vision of Thessaly into four tetrarchies, which was 
revived by Philip. (Harpocrat, s. v. TeTpapx'ia: 
Strabo, ix. p. 430 ; Demosth. Philipp. ii. p. 117 ; 
Eurip. Alcetf. 1154 ; Thirlwall's Greece, vi. pp. 13, 
14.) [Tagus.] Each of the three Gallic tribes 
which settled in Galatia was divided into four te- 
trarchies, each ruled by a tetrarch. (Strabo, xii. 
pp. 566, 567 ; Plin. H. N. v. 42.) This arrange- 
ment subsisted till the latter times of the Roman 
republic (Appian. Mithrid. 46, Syr. 50, Bell. Civ. 
iv. 88), but at last the twelve tetrarchs of Gallo- 
graecia were reduced to one, namely Deiotarus. 
(Liv. Epil. xciv. ; Cic pro Deiot. 15 ; Hirtius, 
de Bell. Alex. 67.) Some of the tribes of Syria 
were ruled by tetrarchs, and several of the princes 
of the house of Herod ruled in Palestine with this 
title. (Plin. H. iV.v. 16, 19 ; Joseph. Anliq. xiv. 
13. § 1, xvii. 8. § 1, xL 4. § 18, xvii. 11. § 1, 
xL 2. § 1, Vit. 11.) Niebuhr (Hist, of Borne, ii. 
p. 135) remarks that the tetrarchs in Syria were 
zemindars, who occupied the rank of sovereigns, in 
the same way as the zemindars of Bengal succeeded 
under Lord Cornwallis in getting themselves re- 
cognised as dependent princes and absolute pro- 
prietors of the soil. 

In the later period of the republic and under the 
empire, the Romans seem to have used the title 
(as also those of ethnarch and phylarch) to de- 
signate those tributary princes who were not of 
sufficient importance to be called kings. (Com- 
pare Lucan. to, 227 ; Sallust, Calil. 20 ; Cic. pro 
Mil. 28, in Vatin. 12 ; Horat. Sat. i. 3. 12 ; Veil. 
Patera ii. 51 ; Tacit. Annul, xv. 25.) [P. S.] 

TETRASTY'LOS. [Temtlcm.] 

TETRO'BOLUS. [Drachma.] 

TETTARACONTA, HOI (pi TtrrapdicovTa), 
the Forty, were certain officers chosen by lot, who 
made regular circuits through the demi of Attica, 
whence they are called iiKaaral Kara STj/iout, to 
decide all cases of aUia and to irtpl twv fiialwv, 
and also all other private causes, where the matter 
in dispute was not above the value of ten drachmae. 
Their number was originally thirty, but was in- 
creased to forty after the expulsion of the thirty 
tyrants, and the restoration of the democracy by 
Thrasybulus, in consequence, it is said, of the 
hatred of the Athenians to the number of thirty. 
They differed from other 8iKo<rTa/, inasmuch ag 
they acted as f ioaryurfth, as well as decided causes ; 
that is, they received the accusation, drew up the 
indictment, and attended to all that was under- 
stood in Athenian law by the r/ytnovla rov Sixatr- 
TT/pi'ou. They consequently mny be classed among 
the regular magistrate* of the state. (Pollux, viii. 
40 ; Harpocrat. ». c. Koto S-fi/wvi SiKaariit • 
Rhetor. Lex. 310. 21 ; Demosth. c. Timocr. p. 735. 
II, r. PtmtOM. p. 976. 10; Schubert, Jjc Ardil. 
pp. 96—98 ; Meier, Alt. I'ror. pp. 77—82 ; Schb- 
mnnn. Ant. Jur. I'M. Grner. p. 267. 10.) 

TBXTOR, TBXTBINUM. [Tki.a, p. 1099.] 
T1IALAMITAK, Til. ALA 'Mil (^aAa^a., 
OoAo^ioi). [Navis, p. 788, a.J 



1120 



THARGELIA. 



THEATRUM. 



THALLO'PHORI (8ru\\o<p6poi). [Pana- 

THENAEA, p. 8S7,a.] 

THALY'SIA (g>a\itria), a festival celebrated 
in honour of Dionysus and Demeter (Menand. 
Rhet. quoted by Meursius), or according to others 
of Demeter alone, as it is described by Theocritus 
in his seventh idyll, and by the grammarians who 
wrote the argumenta to the same. It was held in 
autumn, after the harvest, to thank the gods for 
the benefits they had conferred upon men. (Span- 
heim ad Callimach. hymn, in Cer. 20 and 137 ; 
Wustemann ad Theocrit. Idyll, vii. 3.) [L. S.] 
THARGE'LIA {bapykXia), a festival cele- 
brated at Athens on the 6th and 7th of Thargelion 
in honour of Apollo and Artemis (Etymol. M. ; 
Suidas, s. v. &apyr)Aia), or according to the Scho- 
liast on Aristophanes (JSquit. 1406) in honour of 
Helios and the Horae ; the latter statement how- 
ever is in substance the same as the former. The 
Apollo who was honoured by this festival was the 
Delian Apollo. (Athen. x. p. 424.) 

The real festival, or the Thargelia in a narrower 
sense of the word, appears to have taken place 
oh the 7th, and on the preceding day the city 
of Athens or rather its inhabitants were purified. 
(Plut. Symp. viii. 1 ; Diog. Laert. ii. 44 ; Harpo- 
crat. s. v. <bapnati6s.) The manner in which this 
purification was effected is very extraordinary and 
certainly a remnant of very ancient rites, for two 
persons were put to death on that day, and the 
one died on behalf of the men and the other on be- 
half of the women of Athens. The name by which 
these victims were designated was <papp.aKo'i : ac- 
cording to some accounts both of them were men, 
but according to others the one dying on behalf of 
the women was a woman and the other a man. 
(Hesych. s. v. <bap/j.a.Kol.) On the day when the 
sacrifice was to be performed the victims were led 
out of the city to a place near the sea, with the 
accompaniment of a peculiar melody, called KpaSiiris 
p6p.os, played on the flute. (Hesych. s. v.) The 
neck of the one who died for the men was sur- 
rounded with a garland of black figs, that of the 
other with a garland of white ones ; and while 
they were proceeding to the place of their destiny 
they were beaten with rods of fig-wood, and figs 
and other things were thrown at them. Cheese, 
figs, and cake were put into their hands that they 
might eat them. They were at last burnt on a 
funeral pile made of wild fig-wood, and their ashes 
were thrown into the sea and scattered to the 
winds. (Tzetzes, Chil. v. 25.) Some writers main- 
tain from a passage of Ammonius (de Different. 
Vocah. p. 142, ed. Valck.) that they were thrown 
into the sea alive, but this passage leaves the 
matter uncertain. We are not informed whether 
this expiatory and purifying sacrifice was offered 
regularly every year, but from the name of the 
victims (<papfjt.aKo'i) as well as from the whole ac- 
count of Tzetzes, which is founded on good au- 
thorities, it appears highly probable that this sa- 
crifice only took place in case of a heavy calamity 
having befallen the city {voaova-qs rrjs iro'A.etoj), 
such as the plague, a famine, &c. What persons 
were chosen as victims on such occasions is not 
mentioned, and we only learn from Suidas (s. v. 
^apjxaKui) that they were kept at the public ex- 
pense (Srj/Jioa'ia rpe<p6fj.evoi). But they were in 
all probability criminals sentenced to death, and 
who were kept by the state from the time of their 
condemnation to be sacrificed at the Thargelia. In 



the earlier times however they were not criminals, 
but either cripples (Tzetzes, I. c. ; Schol. ad Aris- 
toph. Ran. 733), or persons who offered to die 
voluntarily for the good of their country. (Athen. 
ix. p. 370 ; Suidas, s. v. UapOevot.) 

The second day of the Thargelia was solemnized 
with a procession and an agon which consisted of 
a cyclic chorus performed by men at the expense 
of a choragus. (Lysias, de Muner. accept, p. 255 ; 
Antiphon, de Choreut. c. 11 ; Demosth. in Mid. p. 
517.) The prize of the victor in this agon was a 
tripod which he had to dedicate in the temple of 
Apollo which had been built by Peisistratus. (Sui- 
das, s. v. XlvBiov.) On this day it was customary 
for persons who were adopted into a family to be 
solemnly registered and received into the genos 
and the phratria of the adoptive parents. This 
solemnity was the same as that of registering one's 
own children at the apaturia. (Isaeus,de^4/>oZfo(/. 
hered. c. 15, de Aristarch. hered. c. 8.) [Adop- 
tio (Greek).] 

Respecting the origin of the Thargelia there are 
two accounts. According to Istrus (ap. Phot. Lex. 
p. 467 ; Etymol. M.,and Harpocrat. s. v. $apii.aK6s) 
the (papfiaKoi derived their name from one Phar- 
macus, who having stolen the sacred phials of 
Apollo and being caught in the act by the men of 
Achilles, was stoned to death, and this event was 
commemorated by the awful sacrifice at the Thar- 
gelia. Helladius (p. 534. 3), on the other hand, 
states that at first these expiatory sacrifices were 
offered for the purpose of purifying the city of con- 
tagious diseases, as the Athenians after the death 
of the Cretan Androgeus were visited by the 
plague. A similar festival, probably an imitation 
of the Thargelia, was celebrated at Massilia. 
(Petron. 141.) (See Meursius, Graecia Feriata, 
s. v. @apyt]\ia : Bode, Gesch. der lyrisch. Dichtkunst 
der Hellen. i. p. 173, &c, where an account is also 
given of the KpaSl-qs v6fios ; K. F. Hermann, 
Handb. der Gottesd. Alterth. § 60. n. 4. &c.) [L.S.] 

THEA'TRUM (hia-rpov). The Athenians be- 
fore the time of Aeschylus had only a wooden 
scaffolding on which their dramas were performed. 
Such a wooden theatre was only erected for the 
time of the Dionysiac festivals, and was afterwards 
pulled down. The first drama that Aeschylus 
brought upon the stage was performed upon such a 
wooden scaffold, and it is recorded as a singular 
and ominous coincidence that on that occasion 
(500 b. c.) the scaffolding broke down. To pre- 
vent the recurrence of such an accident the build- 
ing of a stone theatre was forthwith commenced on 
the south-eastern descent of the acropolis, in the 
Lenaea ; for it should be observed that throughout 
Greece theatres were always built upon eminences, 
or on the sloping side of a hill. The new Athenian 
theatre was built on a very large scale, and appears 
to have been constructed with great skill in regard 
to its acoustic and perspective arrangements, but 
the name of the architect is not known. It is 
highly probable that dramas were performed in 
this new theatre as soon as it was practicable, and 
before it was completely finished, which did not 
take place till about b. c. 340, unless we adopt the 
untenable supposition that the completion of the 
Attic theatre at this time refers to a second theatre. 
(Pans. i. 29. § 16 ; Plut. Vit. X. Orat. pp. 841, c, 
852, c.) During this long interval of fort}- Olym- 
piads theatres were erected in all parts of Greece 
and Asia Minor, although Athens was the centre 



THEATRUM. 



THEATRUM. 



1121 



of the Greek drama and the only place which pro- 
duced great mastenvorks in this department of 
literature. It Bhould also be home in mind that 
theatres are mentioned in several parts of Greece 
where the worship of Dionysus and the drama 
connected with it did not exist, so that these build- 
ings were devoted to other public exhibitions. 
Thus at Athens itself there were in later times, 
besides the theatre in the Lenaea, two others, viz. 
the 'Aypiirireioy and the M 'PrryiWrt dtarpov, 
which were not destined for dramatic performances, 
but were only places in which the sophists de- 
livered their declamations. At Sparta there was 
a theatre of white marble (Paus. iii. 1 4. § 1 ) in 
which assemblies of the people were held, choral 
dances performed, and the like (Athen. iv. p. 139, 
xiv. p. 631), for the festive joy of Dionysus and j 
the regular drama were foreign to the Spartans. 
All the theatres however which were constructed I 
in Greece were probably built after the model of 
that of Athens, and with slight deviations and I 
modifications they all resembled one another in the | 
main points, as is seen in the numerous ruins of I 
theatres in various parts of Greece, Asia Minor, ] 
and Sicily. Some of them were of prodigious di- : 
mensions. The theatre at Epidaurus in the grove i 
of Asclepius, of which considerable ruins are still i 
extant, excelled in beauty the Roman theatres 
(Paus. ii. 27. § 5), and in size even that of Mega- I 

MW 



lopolis, which was reckoned the largest theatre in 
Greece. (Paus. viiL 32. § 1.) The great num- 
ber of ruins of theatres may enable us to form 
an idea of the partiality of the Greeks for such 
magnificent buildings, and of their gigantic dimen- 
sions. The ruins of the theatre at Argos enclose 
a space of 450 feet in diameter ; the theatre of 
Ephesus is even 660 feet in diameter. Upon 
these ruins see the works of Clarke, Dodwell, 
Leake, Hughes, Arundell, and the Supplement to 
Stuart's Antiquities of Alliens. 

The construction of the Greek theatres has been 
the subject of much discussion and dispute in mo- 
dem times, and although all the best writers agree 
on the great divisions of which a theatre consisted, 
the details are in many cases mere matters of con- 
jecture. The Attic theatre was, like all the Greek 
theatres, placed in such a manner that the place 
fir the spectators formed the upper or north- 
western, and the stage with all that belonged to it 
the south-eastern part, and between these two 
parts lay the orchestra. We shall consider each of 
these three divisions separately, together with its 
parts and subdivisions, referring the reader to the 
annexed plan which has been made from the re- 
mains of Greek theatres still extant, and from a 
careful examination of the passages in ancient 
writers which describe the whole or parts of a 
the'trc, especially in Vitruvius and Pollux. 




o 



1. The place for the spectators was in a nar- 
rower sense of the word called Staroov. The seats 
for the spectators, which were in most cases cut 
into the rock, consisted of rows of benches rising 
one above another ; the rows themselves (a) formed 
parts (nearly three-fourths) of concentric circles, 
and were at intervals divided into compartments 
by one or more broad passages (b) running between 
them and parallel with the benches. These pas- 
sage* were called Sia(wfi.aTa^ or KaTara/iai, l,at. 
jiraecinctiuncs (Vitruv. v. 3 and 7 ; Uekker, Ancc- 



dot. p. 270 ; Pollux, iv. 123 ; Harpocrat. and Suid. 
». r. Kararofii]), and when the concourse of people 
was very great in a theatre, many persons might 
stand in them. One side of such a passage formed 
towards the upper rows of benches a wall, in which 
in some theatres, though perhaps not nt Athens, 
niches were excavated which Contained metal ves- 
sels (i)X'~ ia ) to increase the sounds coming from the 
stage and orchestra. (Vitruv. i. 1. g <l, v. 4 • 
Stieglitz, ArrJiwJ. drr /liuJcumt, &.C ii. 1. p. 1.10.) 
Across the rows of benches ran stairs, by which 
4 c 



1122 



THEATRUM. 



THEATRUM. 



persons miglit ascend from the lowest to the high- 
est. But these stairs ran in straight lines only 
from one praecinctio to another ; and the stairs in 
the next series of rows were just between the two 
stairs of the lower series of benches. By this 
course of the stairs the seats were divided into a 
number of compartments resembling cones from 
which the tops are cut off ; hence they were termed 
KepKifies, and in Latin cunei. The whole of the 
place for the spectators (Siearpov) was sometimes 
designated by the name Kolhov, Latin cavea, it 
being in most cases a real excavation of the rock. 
Above the highest row of benches there rose a co- 
vered portico (c), which of course far exceeded in 
height the opposite buildings by which the stage 
was surrounded, and appears to have also contri- 
buted to increase the acoustic effect. (Apul. Met. 
iii. p. 49, Bip.) The entrances to the seats of the 
spectators were partly underground, and led to the 
lowest rows of benches, while the upper rows must 
have been accessible from above. (Pollux, iv. 123 ; 
Athen. xiv. p. 622.) 

2. The orchestra (opxv°'' r P a ) was a circular level 
space extending in front of the spectators, and 
somewhat below the lowest row of benches. But 
it was not a complete circle, one segment of it 
being appropriated to the stage. The orchestra was 
the place for the chorus, where it performed its 
evolutions and dances, for which purpose it was 
covered with boards. As the chorus was the ele- 
ment out of which the drama arose, so the or- 
chestra was originally the most important part of a 
theatre : it formed the centre around which all the 
other parts of the building were grouped. In the 
centre of the circle of the orchestra was the dv/xeK-rj, 
that is, the altar of Dionysus (d), which was of 
course nearer to the stage than to the seats of the 
spectators, the distance from which was precisely 
the length of a radius of the circle. In a wider 
sense the orchestra also comprised the broad pas- 
sages (-rrdpoSoi, e) on each side between the pro- 
jecting wings of the stage and the seats of the 
spectators, through which the chorus entered the 
orchestra. The chorus generally arranged itself in 
the space between the thymele and the stage. The 
thymele itself was of a square form, and was used 
for various purposes, according to the nature of the 
different plays, such as a funeral monument, an 
altar, &c. It was made of boards and surrounded 
on all sides with steps. It thus stood upon a 
raised platform, which was sometimes occupied by 
the leader of the chorus, the flute-player, and the 
rhabdophori. (Miiller, Dissert, on the Eumen. of 
Aescliyl. p. 249, &c. transl.) The flute-player as 
well as the prompter (viroSoAevs, monitor') were 
generally placed behind the thymele, so as to face 
the stage and not to be seen by the spectators. 
(Plut. Rei publ. gerend. praec. p. 813, e. ; Ath. xiv. 
p. 631.) The orchestra as well as the dearpov lay 
under the open sky ; a roof is nowhere mentioned. 

3. The stage. Steps led from each side of the 
orchestra to the stage, and by them the chorus 
probably ascended the stage whenever it took a 
real part in the action itself. The back side of the 
stage was closed by a wall called the 07C7jWj or 
scena, from which on each side a wing projected 
which was called the irapaaK-qviov. The whole 
depth of the stage was not very great, as it only 
comprised a segment of the circle of the orchestra. 
The whole space from the scena to the orchestra 
was termed the proscenium (irpo<7KT\vwv), and was 



what we should call the real stage. That part of 
it which was nearest to the orchestra, and where 
the actors stood when they spoke was the Aoysiov, 
also called oKpigas or ouplSavTes, in Latin pulpitum, 
which was of course raised above the orchestra 
and probably on a level with the thymele. What 
the viroo-itiiviov was is not clear ; some think that 
it was a place to which the actors withdrew when 
they had acted their parts, others think that it was 
the same as the KovlaTpa (Suidas, s.v. SktjWj) ; but 
as it is stated that the vhookt\viov was adorned 
with statues, it seems more probable that it was 
the wall under the Aoydiov which faced the orches- 
tra and the spectators. The aKrji/j) or scena was, 
as we have already stated, the wall which closed 
the stage (proscenium and logeum) from behind. 
It represented a suitable background or the locality 
in which the action was going on. Before the play 
began, it was covered with a curtain (irapaireTaa/xa, 
Tvpoo-KT)Viov, avXaiai, Latin aulaea or siparium ; 
Etymol. M. s.v. Av\6s : Athen. xiii. p. 587 ; Pol- 
lux, iv. 122.) When the play began this curtain 
was let down and was rolled upon a roller under- 
neath the stage. The proscenium and logeum thus 
were never concealed from the spectators. As re- 
gards the scenery represented on the cna\vi\, it was 
different for tragedy, comedy, and the satyric 
drama, and for each of these kinds of poetry the 
scenery must have been capable of various modifi- 
cations according to the character of each indivi- 
dual play ; at least that this was the case with the 
various tragedies, is evident from the scenes de- 
scribed in the tragedies still extant. In the latter 
however the back-ground (cnrqvri) in most cases 
represented the front of a palace with a door in the 
centre (i) which was called the royal door. This 
palace generally consisted of two stories (Siareyia, 
Pollux, iv. 129), and upon its flat roof there ap- 
pears to have sometimes been some elevated place 
from which persons might observe what was going 
on at a distance. ( Eurip. Pkoeniss. 88, &c.) The 
palace presented on each side a projecting wing, 
each of which had its separate entrance. These 
wings generally represented the habitations of 
guests and visitors. All the three doors must have 
been visible to the spectators. (Vitruv. v. 7.) 
The protagonistes always entered the stage through 
the middle or royal door, the deuteragonistes and 
tritagonistes through those on the right and left 
wings. In tragedies like the Prometheus, the 
Persians, Philoctetes, Oedipus in Colonus, and 
others the back-ground did not represent a palace. 
There are other pieces again in which the scena 
must have been changed in the course of the per- 
formance, as in the Eumenides of Aeschylus and 
the Ajax of Sophocles. The dramas of Euripides 
required a great variety of scenery ; and if in ad- 
dition to this we recollect that several pieces were 
played in one day, it is manifest that the mechani- 
cal parts of stage performance, at least in the days 
of Euripides, must have been brought to great per- 
fection. The scena in the Satyric drama appears 
to have always represented a woody district with 
hills and grottoes ; in comedy the scena represented, 
at least in later times, the fronts of private dwell- 
ings or the habitations of slaves. (Vitruv. v. 8. § 1 ; 
Pollux, iv. 125.) The art of scene-painting must 
have been applied long before the time of Sopho- 
cles, although Aristotle (Poet. iv. 16) ascribes its 
introduction to him. [Pictura, p. 908, b.] 
The machines in the Greek theatres were ex- 



TIIEATRUM. 
tremely numerous, but we are in many casos unable 
to form an exact idea of their nature and their 
effects. We shall only mention the most important 
among them. 1. The irep'taxToi (m) stood near 
the two side entrances of the scena ; their form 
was that of a prisma, and by a single turn they 
produced a change in the scenery. (Vitruv. v. 7 ; 
Pollux, ir. 126.) 2. The x a P^ vl01 K\'t/uuces, or 
the Charonian steps, by which the shades ascended 
from the lower world upon the stage. (Pollux, iv. 
132.) 3. The fir)x<" r h, KpdSri or tdprjpa, a machine 
by which gods or heroes were represented passing 
through or floating in the air : hence the proverb, 
deus ex macltina. (Pollux, iv. 126, 128, 131 ; 
Suidas, s. v. 'E&prifia : Hesych. s. V. KpdSrj.) 4. The 
i%wa-rpa or €/cki//cA.i)^o. [Exostra.] 5. The 
H(o\oyc7ov, an especial elevated place above the 
scena for the Olympian gods when they had to ap- 
pear in their full majesty. (Pollux, iv. 130 ; Phot. 
Lex. p. 597.) 6. The fSpovrtiov, a machine for imi- 
tating thunder. It appears to have been placed 
underneath the stage, and to have consisted of 
large brazen vessels in which stones were rolled. 
(Pollux, iv. 130 ; Suidas, s. v. Bpoprri : Vitruv. v. 
7.) Respecting several other machines of less im- 
portance, see Pollux, iv. rrepl pipwv dfdrpov. 

It is impossible to enter here upon the differences, 
which are presented by many ruins of theatres still 
extant, from the description we have given above. 
It is only necessary to mention, that in the theatres 
of the great cities of the Macedonian time the space 
between the thymcle and the logcum was converted 
into a lower stage, upon which mimes, musicians, 
and dancers played, while the ancient stage (pros- 
cenium and logeum) remained destined, as before, 
for the actors in the regular drama. This lower 
stage was sometimes called thymcle or orchestra. 
(Miiller, Hist, of Greek Lit.'x. p. 2'J'J ; Donaldson, 
The Theatre of the Greeks.) 

The Romans must have become acquainted with 
the theatres of the Italian Greeks at an early 
period, whence they erected their own theatres in 
similar positions upon the sides of hills. This is 
still clear from the ruins of very ancient theatres at 
Tusculum and Faesulae. (Nicbuhr, Hist, of Home, 
iii. p. 364, c*c.) The Romans themselves however 
did not possess a regular stone theatre until a very 
late period, and although dramatic representations 
were very popular in carlirr times, it appears that 
a wooden stage was erected when necessary, and 
was afterwards pulled down again, and the plays 
of Plautus and Terence were performed on Buch 
temporary scaffoldings. In the meanwhile many of 
the neighbouring towns about Rome had their stone 
theatres, as the introduction of Greek customs and 
manners was less strongly opposed in them than 
in the city of Rome itself. Wooden theatres, 
adorned with the most profuse magnificence, were 
erected at Rome even during the last period of the 
republic. The first attempt to build a stone theatre 
was made a short time before the consulship of 
P. Cornelius Scipio Nasica. It was sanctioned by 
the censors, and was advancing towards its com- 
pl'-tion, when Scipio, in 155 n. c, persuaded the 
senate to command the building to be pulled down 
as injurious to public morality. (Li v. Kpii. 411.) 
Respecting the magnificent wooden theatre which 
M. Aemilius Scaums built in his nedileship, 58 n.C, 
see Pliny, //. A', xxxvi. 24. § 7. I ts scena consisted 
of three stories, and the lowest of them was made 
of white marble, the middle one of glass, and the 



THEATRUM. 1123 
upper one of gilt wood. The cavea contained 
80,000 spectators. (Comp. Plin. H. N. sxxiv. 17.) 
In 55 B. c. Cn. Pompey built the first stone theatre 
at Rome near the Campus Martins. It was of 
great beauty, and is said to have been built after 
the model of that of Mvtilene ; it contained 
40,000 spectators. (Plin. H. N. xxxvi. 24. § 7; 
compare Drumann, Geseli. Horns, iv. p. 520, &c.) 
C. Curio built in 50 B. c. two magnificent wooden 
theatres close by one another, which might be 
changed into one amphitheatre. (Plin. II. X. 
xxxvL 24. § 8.) After the time of Pompey, how- 
ever, other stone theatres were erected, as the 
theatre of Marcellus, which was built by Augustus 
and called after his nephew Marcellus (Dion Cass, 
xliii. 49 ; Plin. H.N. xxxvi. 12) ; and that of 
Ralbus (Plin. /. e.), whence Suetonius {.Aug. 44) 
uses the expression per trina thealru. 

The construction of a Roman theatre resembled, 
on the whole, that of a Greek one. The principal 
differences are, that the seats of the spectators, 
which rose in the form of an amphitheatre around 
the orchestra, did not form more than a semi- 
circle ; and that the whole of the orchestra like- 
wise formed only a semicircle, the diameter of 
which formed the front line of the stage. The 
Roman orchestra contained no thymele, and was 
not destined for a chorus, but contained the seats 
for senators and other distinguished persons, such 
as foreign ambassadors, which are called " primus 
subselliorum ordo." In the year 68 B.C. the tri- 
bune L. Roscius Otho carried a law which regu- 
lated the places in the theatre to be occupied by the 
different classes of Roman citizens : it enacted that 
fourteen ordincs of benches were to be assigned as 
seats to the equitcs. ( Liv. Epit. 99 ; Ascon. ad 
Cornel, p. 78, cd. Orelli.) Hence these quatuor- 
deeim ordines arc sometimes mentioned without 
any further addition as the honorary seats of the 
equitcs. They were undoubtedly close behind the 
seats of the senators and magistrates, and thus 
consisted of the rows of benches immediately be- 
hind the orchestra. Vellcius (ii. 32) and Cicero 
(pro Muren. 19) speak of this law in a manner to 
lead us to infer that it only restored to the equitcs 
a right which they had possessed before. Another 
part of this law was that spendthrifts and persons 
reduced in their circumstances (decoctores), whether 
through their own fault or not, and whether they 
belonged to the senatorian or equestrian order, 
should no longer occupy the seats assigned to their 
order, but occupy a separate place set apart for 
them. (Cic. Philip, ii. 18.) In the reign of Au- 
gustus the senate made a decree, that foreign am- 
bassadors should no longer enjoy the privilege 
mentioned above, as it had sometimes happened 
that frccdmen were sent to Rome as ambassadors. 
The soldiers also were separated from the penplo 
by the same decree ; the same was the case with 
women, praetextati and paedagogi. (Suet. si u//. 44.) 
This separation consisted probably in one or more 
cunci being assigned to n particular class of per- 
sons. The woodcut on the following page contains 
a probable representation of the plan of a Roman 
theatre. 

For a fuller account of the construction of 
Greek and Roman theatres see the commentators 
on Vitruvius (I.e.), .1. Chr. Genelli, das Theater :u 
A thru, hinsiehtlieh auf Arehitertur, Seenerie utul 
tiar.te/liiHiii hiin.it uUrhanpt, Merlin. 1818, 8vo. ; 
G. C. W, Schneider, Dot Attache T/tcatcru\ten, 
1 c 2 



1124 



THEATRUM. 



THEATRUM. 




zum bessern Verstehen der Griecli. Dramatiker ; 
Stieglitz, Arch'dologie der Bauhunst der Griech. 
und Rb'mer ; Ferrara, Storia e descrip. de'' princip. 
teatri ant. e moderni, Milano, 1830 ; the Sup- 
plement to Stuart's Antiq. of Athens. A general 
outline is also given, by Miiller, Hist, of Gr. Lit. 
i. p. 299, &c. ; and by Bode, Gesch. der dramat. 
Dickikunst d. Hellen. i. p. 156, &c. 

It remains to speak of a few points respecting 
the attendance in the Greek theatres. Theatrical 
representations at Athens began early in the morn- 
ing, or after breakfast (Aeschin. c. Ctesiph. p. 466; 
Athen. xi. p. 464) ; and when the concourse of 
people was expected to be great, persons would even 
go to occupy their seats in the night. The sun 
could not be very troublesome to the actors, as 
they were in a great measure protected by the 
buildings surrounding the stage, and the spectators 
protected themselves against it by hats with broad 
brims. (Suidas, s. vv. Uiraaos and Apaicwv.) 
When the weather was fine, especially at the 
Dionysiac festivals in spring, the people appeared 
with garlands on their heads ; when it was cold, 
as at the Lenaea in January, they used to wrap 
themselves up in their cloaks. (Suidas, I. c.) 
When a storm or a shower of rain came on sud- 
denly, the spectators took refuge in the porticoes 
behind the stage, or in those above the uppermost 
row of benches. Those who wished to sit com- 
fortably brought cushions with them. (Aeschin. 
c. Ctesiph. I.e. ; Theophr. Char. 2.) As it was not 
unusual for the theatrical performances to last from 
ten to twelve hours, the spectators required re- 
freshments, and we find that in the intervals be- 
tween the several plays, they used to take wine 
and cakes. (Athen. xi. p. 464 ; Aristot. Eth. 
Nicol. x. 5.) 

The whole of the cavea in the Attic theatre 
must have contained about 50,000 spectators. The 
places for generals, the archons, priests, foreign am- 
bassadors, and other distinguished persons, were 
in the lowest rows of benches, and nearest to the 
orchestra (Pollux, iv. 121, viii. 133 ; Schol. ad 



Aristoph. Equit. 572), and they appear to have 
been sometimes covered with a sort of canopy. 
(Aeschin. I. c.) The rows of benches above those 
were occupied by the senate of 500, those next in 
succession by the ephebi, and the rest by the 
people of Athens. But it would seem that they 
did not sit indiscriminately, but that the better 
places were let at a higher price than the others, 
and that no one had a right to take a place for 
which he had not paid. (Plat. Apolog. p. 26 ; 
Aelian. V. H. ii. 13; Demosth. in Mid. p. 572.) 
The question, whether in Greece, and more especi- 
ally at Athens, women were present at the per- 
formance of tragedies, is one of those which have 
given rise to much discussion among modern scho- 
lars, as we have scarcely any passage in ancient 
writers in which the presence of women is stated 
as a positive fact. But Jacobs ( Vermischt. Schriften, 
iv. p. 272), and Passow (in Zimmermann's Zeitschr. 
fur die Alterth. 1837. n. 29), have placed it almost 
beyond a doubt, from the various allusions made by 
ancient writers, that women were allowed to be 
present during the performance of tragedies. This 
opinion is now perfectly confirmed by a passage in 
Athenaeus (xii. p. 534), which has been quoted 
by Becker (Charikles, ii. p. 560), in corroboration 
of the conclusion to which the above mentioned 
writers had come. In this passage we find that at 
Athens, and at the time of the Peloponnesian war, 
the spectators in the theatre consisted of men and 
women. We have, however, on the other hand, 
every reason to believe that women were not 
present at comedies, while boys might be present 
both at tragedy and comedy. (Theoph. Charact. 
9 ; Isaeus, de Ciron. hered. p. 206 ; Aristoph. 
Nub. 537, &c ; Lucian, de Gymnast. 22.) The 
seats which women occupied in the Greek theatres 
appear to have been separated from those of the 
men. (Gottling, in the Rheinisch. Mus. 1834, 
p. 103, &c.) 

For the purpose of maintaining order and pre- 
venting excesses, the ancients had a sort of theatre- 
police; the persons who held this office were called 



THENSAE. 



THEORI. 



1125 



in Greece j>aGSo<p6poi or f>a§3ovx°i, and at Rome 
Pruecones. (Schol. ad Aristoph. Par, 718.) 

Respecting the attendance at the Greek theatres, 
and the conduct of the people, see a very good dis- 
sertation of Becker, in his Clturikles, ii. pp. 249 — 
278. [L. S.] 

THENSAE or TENSAE (for the orthography 
and etymology of the word are alike doubtful, al- 
though the oldest MSS. generally omit the aspirate) 
were highly ornamented sacred vehicles, which, in 
the solemn pomp of the Circensian games, conveyed 
the statues of certain deities with all their decora- 
tions to the pulvinaria, and after the sports were 
over bore them back to their shrines. (Cic. in Verr. 
ii. 1, 59, and note of Pseudo-Ascon. iii. 27, v. 72 ; 
Serv. ad Virg. Aen. i. 21 ; Festus, s.v.; Diomedes, 
i. p. 372, ed. Putsch. ; Dion Cass, xlvii. 40 ; 
Tertull. de Sped. 7.) We are ignorant of their 
precise form ; for although we rind several re- 
presentations upon ancient medals and other works 
of art, of gods seated in cars, and especially of the 
sun-chariot of Elagabalus (Herodian. v. 6 ; see 
Vaillant, Xumismata Imp. vol. ii. p.2G9 ; Ginzrot, 
Die W'dgen und Falirwerke, &c. tab. xlii. fig. 6) ; 
yet we have no means of deciding which, if any, 
of these are tensae. We know that they were 
drawn by horses (Plut. Coriolan. 25, who calls 
them dijo'irai), and escorted (deducere) by the 
chief senators in robes of state, who, along with 
pueri patrimi [Patrimi], laid hold of the bridles 
and traces, or perhaps assisted to drag the carriage 
(fur ducere is used as well as deducere, Liv. v. 41), 
by means of thongs attached for the purpose (and 
hence the proposed derivation from tendo). So 
sacred was this duty considered, that Augustus, 
when labouring under sickness, deemed it neces- 
sary to accompany the tensae in a litter. If one 
of the horses knocked up or the driver took the 
reins in his left hand, it was necessary to recom- 
mence the procession, and for one of the attendant 
boys to let go the thong or to stumble was profa- 
nation. (Liv. v. 41 ; Plut. /. c. ; Ascon. /. c. ; 
Arnob. ailv. gent. iv. 31 ; compared with the ora- 
tion de Harusp. rep. 1 1 ; Tertull. de cor. mil. 1 3, 
and de. Spectac. 7 ; Suet Octav. 43.) 

The only gods distinctly named as carried in 
tensae arc Jupiter and Minerva (Suet. Vespas. 5 ; 
Dion Cass, xlvii. 40, I. 8, lxvi. 1 ), to which 
number .Mars is usually added on the autho- 
rity of Dion Cassius (lxxviii. 8), but, in the pas- 
sage referred to, he merely states, that at the Cir- 
censian games celebrated A. D. 216, the statue of 
Mars, which was in the procession (nofinuov), fell 
down, and it is very remarkable that Dionysius 
(vii. 72), in his minote description of the Pompa 
Circcnsis, takes no notice whatever of the Tensae, 
bat represent* the statues of the gods as carried on 
men's shoulders, i. e. on fercula. That a consider- 
able number of deities however received this 
tumour seems probable from the expression of 
Cicero, in his solemn appeal at the close of the 
last Verrine oration, " omnesquc dii, qui vehiculis 
tensamm solemncs coctus ludonim initis ; " though 
wc cannot determine who these gods were. We 
fn <|uent|y hear indeed of the chariot of Juno 
( Viru. ttrorg. iii, 631), of Cybelc (Am. vi. 784;, ' 
and mnny others, but as these arc not mentioned 
in connexion with the Pompa Circensis, there is 
no evidence that they were tensae. Among the 
impious flatteries heaped on Cae-ar, it was decreed 
that his ivory statue should accompany the images 



of the gods to the circus in a complete chariot 
i a.'ua S\ov, that is, a tensa, in opposition to a mere 
fermlum), and that this chariot should stand in the 
Capitol immediately opposite to that of Jupiter. 
(Dion Cass, xliii. 15, 21, 45, xliv. 6.) 

Similar homage was paid upon high festivals to 
the images of their gods by other ancient nations. 
Thus, in the curious ceremonies performed at 
Papremis connected with the worship of the 
Egyptian deity, whom Herodotus (ii. 63) imagined 
to be identical with Ares, the statue, enshrined in 
a chapel made of gilded wood, was dragged in a 
four-wheeled car by a body of priests. So also, 
in the account given b}- Athenaeus (v. c. 27, &c), 
after Callixenesof Rhodes, of the gorgeous pageant 
at Alexandria, during the reign of Ptolemy Phila- 
delphus, we read of a car of Bacchus of prodigious 
size, most costly materials, and most elaborate 
workmanship, which was dragged by 180 men, 
and to such customs we may find a parallel in 
modem times in the usages which prevail at the 
festival of S. Agatha at Catania, and S. Rosolia at 
Palermo. 

(Scheffer de Re vehicular*, c. 24 ; Ginzrot, Die 
Wdf/en und Falmeerke dir Griechen und Homer, 
c. 55 ; but the latter author, both here and else- 
where, allows his imagination to carry him farther 
than his authorities warrant.) [ W. R.] 

THEODOSIA'NUS CODEX. [Codex Theo- 

DOSIANfS.] 

TIIEOPHA'NIA (2>(o<pdi>ta), a festival cele- 
brated at Delphi, on the occasion of which the 
Delphians filled the huge silver crater which had 
been presented to the Delphic god by Croesus. 
(Herod, i. 51.) Valckcnaer on Herodotus (I.e.) 
thought that the reading was corrupt, and that 
0eo£eVia should be read, as this festival is well 
known to have been celebrated by the Delphians. 
(Plut. dc his qui scro a num. pun. p. 557, f ; Pole- 
mon, ap. Athen. ix. p. 372.) But both festivals 
are mentioned together by Pollux (i. 34), and 
Philostratus (Fd. A potion, iv. 31). The Theo- 
phania were intended as a celebration of the re- 
turn of Apollo to Delphi from which he was be- 
lieved to be absent during the winter months. An 
agon called theoxenia was also celebrated at Pellene 
inAchaia in honour of Hermes and Apollo. (Schol. 
ad Pind. Ol. vii. 150", ix. 14 b". ) But no particulars 
of any of these festivals are known. [ L. S.] 

THEO'RI (Stwpol), were persons sent on spe- 
cial missions (dtwpiai) to perform some religious 
duty, as to consult an oracle, or to offer a sacrifice, 
on behalf of the state. It is thus explained by the 
grammarians : dtoirpoVoi, ol r»i, fj oi <pp»v- 

•rifoiTfj irtpl to dtta' ol usSvolav irtfiiri/ifvot Kal 
ioprat Kui Tratrnyvpus Kal XPV r VP"'. (Harpocr. 
Suidas and Hesych. s.v. &(wpoi; compare Pollux, 
ii. 55 ; Sophocl. Oedip. Tyr. 1 14.) There were in 
some of the Dorian states, as the Aeginetans, Troe- 
zenians, Messenians, and Mantineans, official priests 
called ifupoi, whose duty it was to consult oracles, 
interpret the responses, &c, as among the Spartans 
then were men called Pythii, chosen by the kings 
to consult the oracle at Delphi. (Schumann, Ant. 
Jut. pull. (!r. pp. 1 30, 395.) At Athens there wero 
no official persons called Stupul, but the name was 
given to those citizens who were appointed from 
lime to time to conduct religious embassies to 
various places ; of which the most important 
were those that were sent to the Olympian, 
Pythian, Ncmcan, and Ixthmian games, thoao 
4 c 3 



11-26 



THEORICA. 



THEORICA. 



that went to consult the God at Delphi, and those 
that led the solemn procession to Delos, where the 
Athenians established a quadriennial festival, in 
revival of the ancient Ionian one, of which Homer 
speaks. (Thucyd. iii. 104). The expense of these 
embassies was defrayed partly by the state and 
partly by wealthy citizens, to whom the manage- 
ment of them was entrusted, called apx^eapoi, 
chiefs of the embassy. This was a sort of 
Atnovpyia, and frequently a very costly one ; as 
the chief conductor represented the state, and was 
expected to appear with a suitable degree of 
splendour ; for instance, to wear a golden crown, 
to drive into the city with a handsome chariot, 
retinue, &c. Nicias, who was very rich, is re- 
ported to have incurred great expenses on his 
embassy to Delos, beyond what was required of 
him ; and Alcibiades astonished all the spectators 
at Olympia by the magnificence of his horses, 
chariots, &c, and the profuseness of his expendi- 
ture. (Bockh, Pub!. Econ. of Athens, p. 214, &c. 
2d ed. ; Thirlwall, Hist, of Greece, vol. iii. pp. 217, 
330.) [Delia.] 

The Salaminian, or Delian, ship was also called 
Secopls vavs, and was principally used for convey- 
ing embassies to Delos, though, like the Paralus, 
it was employed on other expeditions besides. 
(Suidas, I. c. ; Bockh, Id. p. 240.) [C. R. K.] 

THEO'RIA (Seupia). [Theori.] 

THEO'RICA (dewpi/ca). Under this name at 
Athens were comprised the monies expended on 
festivals, sacrifices, and public entertainments oi 
various kinds ; and also monies distributed among 
the people in the shape of largesses from the state. 

There were, according to Xenophon, more festi- 
vals at Athens than in all the rest of Greece. (De 
Rep. AtL iii. 8.) Besides those which were open 
to the whole body of the people, there were many 
confined to the members of each tribe, deme, and 
house. These last were provided for out of the 
private funds of the community who celebrated 
them. At the most important of the public festi- 
vals, such as the Dionysia, Panathenaea, Eleusinia, 
Thargelia, and some others, there were not only 
sacrifices, but processions, theatrical exhibitions, 
gymnastic contests, and games, celebrated with 
great splendour and at a great expense. A portion 
of the expense was defrayed by the individuals, 
upon whom the burden of AeiToupyi'a devolved ; 
but a considerable, and perhaps the larger, part 
was defrayed by the public treasury. Demos- 
thenes complains, that more money was spent on a 
single Panathenaic or Dionysiac festival than on 
any military expedition. {Philip, i. 50.) The reli- 
gious embassies to Delos and other places, and 
especially those to the Olympian, Nemean, Isth- 
mian, and Pythian games, drew largely upon the 
public exchequer, though a part of the cost fell 
upon the wealthier citizens who conducted them. 
(Schomann, Ant. Jur. publ. Gr. p. 305.) 

The largesses distributed among the people had 
their origin at an early period, and in a measure 
apparently harmless, though from a small begin- 
ning they afterwards rose to a height most in- 
jurious to the commonwealth. The Attic drama 
used to be performed in a wooden theatre, and the 
entrance was free to all citizens who chose to go. 
It was found, however, that the crushing to get in 
led to much confusion and even danger. On one 
occasion, about B. c. 500, the scaffolding which 
supported the roof fell in, and caused great alarm. 



It was then determined that the entrance should 
no longer be gratuitous. The fee for a place was 
fixed at two obols, which was paid to the lessee of 
the theatre, (called &eaTpu>vqs, Sttarpo-Kcih-ris, or 
apxiTeKTav,) who undertook to keep it in repair, 
and constantly ready for use, on condition of being 
allowed to receive the profits. This payment con- 
tinued to be exacted after the stone theatre was 
built. Pericles, to relieve the poorer classes, 
passed a law which enabled them to receive the 
price of admission from the state ; after which all 
those citizens who were too poor to pay for their 
places applied for the money in the public assembly, 
which was then frequently held in the theatre. 
(Schomann, Id. p. 219.) In process of time this 
donation was extended to other entertainments be- 
sides theatrical ones ; the sum of two oboli being 
given to each citizen who attended ; if the festival 
lasted two days, four oboli ; and if three, six oboli ; 
but not beyond. Hence all theoric largesses re- 
ceived the name of StaSeXia. The sums thus 
given varied at different times, and of course de- 
pended on the state of the public exchequer. 
These distributions of money, like those of grain 
and flour, were called 5ia.vofj.al, or SiaSoireis. 
They were often made at the Dionysia, when the 
allies were present, and saw the surplus of their 
tribute distributed from the orchestra. The appe- 
tite of the people for largesses grew by encourage- 
ment, stimulated from time to time by designing 
demagogues ; and in the time of Demosthenes 
they seem not to have been confined to the poorer 
classes. (Philip, iv. 141.) Bockh calculates that 
from 25 to 30 talents were spent upon them annu- 
ally. (Publ. Econ. of Athens, p. 224, 2d ed.) 

So large an expenditure of the public funds 
upon shows and amusements absorbed the re- 
sources, which were demanded for services of a 
more important nature. By the ancient law the 
whole surplus of the annual revenue which re- 
mained after the expense of the civil administra- 
tion (to. -wepiovTa xpvp-ara tt}s SioiK-ficrews) was to 
be carried to the military fund, and applied to the 
defence of the commonwealth. Since the time of 
Pericles various demagogues had sprung up, who 
induced the people to divert all that could be 
spared from the other branches of civil expendi- 
ture into the Theoric fund, which at length swal- 
lowed up the whole surplus, and the supplies 
needed for the purpose of war or defence were 
left to depend upon the extraordinary contribu- 
tions, or property-tax (elo-<popa'i). An attempt was 
made by the demagogue Eubulus, of whom Theo- 
pompus says, that ras irpoa6b'ovs icaTap.ia6o<popav 
SiereAei (Athen. iv. p. 166), to perpetuate this 
system. He passed a law, which made it a capital 
offence to propose that the Theoric fund should be 
applied to military service. In b. c. 353 Apollo- 
dorus carried a decree empowering the people to 
determine whether the surplus revenue might be 
applied to the purpose of war ; for which he was in- 
dicted by a ypatyri irapavdixaiv, convicted and fined ; 
and the decree was annulled, as a matter of course. 
(Demosth. c. Neaer. 1346—1348.) The law of 
Eubulus was a source of great embarrassment to 
Demosthenes, in the prosecutions of his schemes 
for the national defence ; and he seems at last, but 
not before B.o. 339, to have succeeded in repeal- 
ing it. (Harpocr. and Suidas, s. v. &eupiK& and 
EtigovAos: Bockh. Id. i. pp. 219—223; Scho- 
mann, Id. p. 307.) 



THESAURUS. 
In the earlier times there was no person, or 
board of persons, expressly appointed to manage 
the Theoric fund. The money thus appropriated 
was disbursed by the Hellenotamiae. After the 
anarchy, the largess system having been restored 
by Agyrrhius, a board of managers was appointed, 
who are called apxv Iri "r<f dco>piK(j>, oi «V1 to 
t&twpiKOv T€T07/xeVoi or Ki^iporrovT\\kivoi, dewpiKTj 
apxv, Sec. They were elected by show of hands 
at the period of the great Dionysia, one from each 
tribe. In the time of Eubulus many other branches 
of the administration were placed under the control 
of this board ; as the management of the civil ex- 
penditure, the office of the Apodectae, the buildinj 
of docks, arsenals, streets. Sic. This was dictated 
by an anxiety on the part of the people that no 
part of the revenue should be improperly diverted 
from the Theoric fund, which they thought would 
be prevented by increasing the powers of its mana- 
gers. But these extraordinary powers appear not 
to have been of long continuance. (Acschin. c. 
Ctesiph. 57, ed. Steph. ; Bockh, p. 170, &c. ; Schii- 
mann, Id. 320 ; Wachsmutb, Jlcltcn. Alt. vol. ii. 
pt, i. pp. 124—127, 1st ed.) [C. K. K.] 

THEOXE'NIA. [Theophaxia.] 
Til ERA PON (depd™*). [Helotes.] 
THERMAE. [Bai.xeae, p. 193, b.] 
THERMOPO'LIUM. [Calida ; Caupoxa.] 
THESAURUS (&r)<Tavp6s), a treasure-house. 
That buildings of this description were required, 
especially by kings and states, in the earliest period 
of civilization, is self-evident ; and tradition points 
to subterranean buildings in Greece, of unknown 
antiquity and of peculiar formation, as having been 
erected during the heroic period, for the purpose of 
preserving precious metals, anus, and other pro- 




A, entrance: B, principal chamber: C, small side 
chain her. 



TIIESMOPHORIA. 1127 
perty (kfiu^Aicc). Such are the treasury of Mi- 
nyas, at Orchomenus, described by Pausanias (ix. 
38), and of which some remains still exist (Dod- 
well, vol. L p. 227). and those of Atreus and his 
sons at Mycenae ( Paus. ii. 1 6), the chief one of 
which, the so-called Treasury of Atreus, still exists 
almost in a perfect state. The preceding woodcut 
shows a ground-plan of the building, and a section 
of the principal chamber, which is about 48 feet in 
diameter, and 50 high, and is vaulted over in the 
manner described under Arcus, p. 128, a. The 
remains of similar structures have been found at 
various places in Greece and Italy. 

It is, however, very questionable whether these 
edifices were treasuries at all : some of the best 
archaeologists maintain that they were tombs. 
The question cannot be entered into here : a full 
discussion of it, with a description of the buildings 
themselves, will be found in the works now quoted. 
(Miiller,yJrrfnV. d.Kunst, §§ 48, 291, AVelcker's 
edition ; Welcker's review of Mullcr's A rc/i'dolw/ie, 
in the Hhein. Mus. for 1834, vol. ii. pp. 469, foil. ; 
Col. Mure, L'eber die Konuilkhen Crubm'dler des 
luroisclien Zeitullers, in the Hhein. Mus. for 1838, 
vol. vi. pp. 240, folL ; we are not aware whether 
this Essay has been published in English ; Abeken, 
Mittelitaiien, pp. 234, foil.) 

In the historical times, the public treasury was 
either in a building attached to the at/ora, or in 
the opisthodoinus of some temple. (Hirt, Lehre d. 
Oebdude, pp. 189, 190.) 

Respecting the public treasury at Rome, see 
Aerarium. [P. S.] 

THESEIA (b-nrrnta), a festival celebrated by the 
Athenians in honour of their national hero Theseus 
(Aristoph. J'/ut. 622, &c. with the Schol. Thcs- 
moph. 841 ; Suidas, s. v. ©Tjirtiois), whom they 
believed to have been the author of their demo- 
cratical form of government. In consequence of 
this belief donations of bread and meat were given 
to the poor people at the Theseia, which thus was 
for them a feast at which they felt no want and 
might fancy themselves equal to the wealthiest 
ritizens. We learn from Gcllius (xv. 20. § 3) 
that a contest also was held on this occasion, but 
we are not informed in what it consisted. The 
day on which this festival was held was the eighth 
of every month (6y56cu), but more especially the 
eighth of Pyanepsion, because it was believed that 
Theseus returned from Crete on that day. (Schol. 
ad Aristoph. I. c; Plut. The*. 3G.) Hence the fes- 
tival was sometimes called 6yS6Siov. (Hesych. s.v.) 
From the passages above referred to, compared 
with Diodorus (v. 52), it appears highly probable 
that the festival of the Theseia was not instituted 
till n. c. 4G9, when Cimon brought the remains of 
Theseus from Scyros to Athens. 

(Mcursius, (Iruec. Fer. s.v. &nrrfTa, Theseus, p. 
133; Corsini, Fust. Alt. ii. p. 330 ; Idclcr, Hittor. 
Untersuchunaen tiler die A stronom. Jieohuehttatg. dor 
Alien, p. 383, <kc.) [US.] 

T H ESMOP1I ( )'IU A (Qf(Tfio<p6pia), n great fes- 
tival and mysteries celebrated in honour of Deineter 
in various [>arts of Greece, and only by married 
women, though some cere monies also were per- 
formed by maidens. The Attic Thcsmophoria 
were held in the month of Pynnepsion and began 
on the eleventh. Its introduction is ascribed by 
DemnstheiH-s, Diodonis Siculus, and Plutarch (rip. 
T/iemlnret. Tliernp. I ) to ( Irplieus, while Herodotus 
(ii. 171) states that it was introduced into Greece 
4 c 4 



1128 THESMOPHORIA. 



THOLUS. 



from Egypt by the daughters of Danaus, who made 
the Pelasgian women of Peloponnesus acquainted 
with the mysteries, that after the Dorian conquest 
they fell into disuse, and were only preserved by 
the Arcadians, who remained undisturbed in their 
ancient seats. Thus much appears certain from 
the name of the festival itself, that it was intended 
to commemorate the introduction of the laws and 
regulations of civilized life, which was universally 
ascribed to Demeter. (Diodor. v. 5.) Respecting 
the duration of the Attic Thesmophoria, various 
opinions are entertained both by ancient and mo- 
dem writers. According to Hesychius (s. v. TpWr) 
®eo-p.o<poplwv) it lasted four days : it has been in- 
ferred from Aristophanes (Tltesmoph. 80) that it 
lasted for five days. Such discrepancies have un- 
doubtedly arisen from the circumstance that the 
women spent several days before the commence- 
ment of the real festival in preparations and puri- 
fications, during which they were especially bound 
to abstain from sexual intercourse, and for this pur- 
pose they slept and sat upon particular kinds of 
herbs which were believed to have a purifying ef- 
fect. (Hesych. s. v. Kvitupov : Etymol. M. s. v. 
~2,K6poo~ov ; Aelian. Nat. An. ix. 26; Schol. ad 
Tlveoerit. iv. 25 ; Dioscorid. i. 135 ; Plin. H.N. 
xxiv. 19 ; Stephan. Byz. s. v. MiAijtoj.) During 
this time the women of each demos appointed two 
married women from among themselves to con- 
duct the preliminary solemnities (apxeiv els ra 
@e<rp.o<j>6pia, Isaeus, de Ciron. hered. p. 208, ed. 
Reisk.), and their husbands who had received a 
dowry amounting to three talents, had to pay the 
expenses for the solemnity in the form of a liturgy. 
(Isaeus, de Pijrrh. hered. p. 66.) The festival 
itself, which according to the most probable sup- 
position, also adopted by Wellauer (de Tliesmo- 
phoriis, p. 6), lasted only for three days, began on 
the 11th of Pyanepsion, which day was called 
avoSos or KadoSos (Hesych. s. v. "AvoSos) from the 
circumstance that the solemnities were opened by 
the women with a procession from Athens toEleusis. 
In this procession they carried on their heads sacred 
laws (vifiijioi /3i'gAoi or S>eap.oi), the introduction of 
which was ascribed to Demeter &eap.o(p6pos, and 
other symbols of civilised life. (Schol. ad Theocrit. 
xiv. 23.) The women spent the night at Eleusis in 
celebrating the mysteries of the goddess. (Aen. 
Tact. Poliorc. 4.) 

The second day, called vijorei'a (Athen. vii. 
p. 307), was a day of mourning, during which the 
women sat on the ground around the statue of 
Demeter, and took no other food than cakes made 
of sesame and honey (crrjtrajuoDs, Aristoph. Thes- 
moph. 535, Pax, 820). On this day no meetings 
either of the senate or the people were held. 
(Aristoph. Thesm. 79.) It was probably in the 
afternoon of this day that the women held a pro- 
cession at Athens, in which they walked barefooted 
behind a waggon, upon which baskets with mys- 
tical symbols were conveyed totheThesmophorion. 
(Aristoph. Thesm. 276, &c.) The third day, called 
KaKKiyiveia from the circumstance that Demeter 
was invoked under this name (Aristoph. Thesm. 
296), was a day of merriment and raillery among 
the women themselves, in commemoration of Iambe 
who was said to have made the goddess smile 
during her grief. (Aristoph. Thesm. 792, Ran. 390 ; 
Hesych. s. v. Sriivia : Phot. Lex. p. 397; Apollod. 
i. 5. § 1.) Hesychius mentions a sacrifice called 
£r)fj.ia, which was offered to the goddess as an 



atonement for any excess or error which might 
have been committed during the sacred days, and 
this sacrifice was probably offered at the close of 
the third day. 

There are several other particulars mentioned 
by ancient writers as forming part of the Thesmo- 
phoria, but we are not able to ascertain in what 
manner they were connected with the festival, or 
on what day they took place. 

Thesmophoria were also celebrated in many other 
parts of Greece, as stated above. The principal 
places where they are mentioned by ancient authors 
are the following: — Sparta, where the festival lasted 
for three days (Hesych. s. v. Tpi-^/xepos) ; Drymaea 
in Phocis (Paus. x. 33. § 6 ; Steph. Byz. s.v. 
Apvfiia) j Thebes in Boeotia (Plut. Pelop. p. 280 ; 
Xenoph. Hellen. v. 2. § 29) ; Miletus (Steph. Byz. 
s.v. MI\ijtos: Diog. Laert. ix. § 43), Syracuse 
(Athen. xiv. p. 647), Eretria in Euboea (Plut. 
Quaest. Gr. p. 298, b. &c), Delos (Athen. iii. 
p. 109), Ephesus (Strab. xiv. p. 633 ; Herod, vi. 
16), Agrigentum (Polyaen. v. 1. 1), and other 
places. But of their celebration in these towns we 
know no more than a few isolated particulars which 
are mentioned in the passages referred to. 

(Meursius, Graecia Feriata, s. v. ®e<jp.o<p6pia : 
Wellauer, de Tltesmophariis, Wratislaviae 1820, 
8vo. ; Creuzer, Symbol, iv. p. 440, &c. ; Preller in 
Zimmermann's Zcitschrift, 1835, n. 98 ; and in 
general Wachsmuth, Hellen. Alt. ii. p. 574, 2d ed. 
&c; K. F. Hermann, Handb. der Gotiesd. Alterth. 
§ 56. n. 15, &c.) [L. S.] 

THESMOPHY'LACES (»e ( r A *o<puA.cuc«). 
[Hbndeca.] 

THESMOS (Seo-fiSs). [Nomos.] 

THESMO'THETAE Oo^ofleVcu). [Ar- 

CHON.] 

THESSA (Sr>cro-a). [Herbs, p. 597, b.] 
THETES (&ijTej). In earlier times this name 
denoted any freemen who worked for hire (ol 
eeeica Tpocprjs dovAevovres, Photius, s. v. ; e\€v6epwv 
ovofxa Sta weviav eV apyvpicp SovKevovrav, Pollux, 
iii. 32). Homer (Od. iv. 644, xviii. 356) speaks 
of &r)7 €s t« 5/j.uiss T6, the latter properly signify- 
ing those who became slaves by captivity. They 
are to be distinguished not only from all common 
slaves, but also from those persons who were in the 
condition of the Penestae or Helots. (Wachsmuth, 
Hell. Alt. vol. i. pt.i. pp.235, 255, 322, 1st ed.; 
Schomann, Ant. Jur. pub. Gr. p. 70.) The persons 
best known by the name of &r)Tes are the members 
of the fourth or lowest class at Athens, according 
to the political division of Solon. They are spoken 
of under Census. [C. R. K.] 

THIASOS (.Wos). [Dionvsia, p. 411, a ; 
Erani, p. 475, b.] 
THOLIA (3-oA/a). [Umbracuium.] 
THOLUS (&6\os, 6 and also called amds) 
is a name which was given to any round building 
which terminated at the top in a point, whatever 
might be the purpose for which it was used. 
(Hesych. and Suidas. s. v. @6\os • Od. xxii. 442, 
459, 466.) At Athens the name was in particular 
applied to the new round prytaneum near the 
senate-house, which should not be confounded with 
the old prytaneum at the foot of the acropolis. 
(Paus. i. 5. § 1, 18. § 13.) It was therefore the 
place in which the prytanes took their common 
meals and offered their sacrifices. It was adorned 
with some small silver statues (Pollux, viii. 155 ; 
Demosth. de Fals. Ley. p. 419), and near it stood 



TIIRONUS. 



THYRSUS. 



1129 



the ten statues of the Attic eiruvvfwi. [Eponymi, 
Pkvtaxeium.] 

Other Greek cities had likewise their public 
d6\oi : thus we find that Polycletus built one of 
white marble at Epidaunis, the inside of which 
was adorned with paintings by Pausias. It was 
originally surrounded by columns, of which in the 
days of Pausanias six only were standing, and 
upon these were inscribed the names of such per- 
sons as had been cured of some disease by Ascle- 
pius, together with the name of the disease itself 
and the manner in which they had obtained their 
recovery. (Paus. ii. 17. § 3.) [L.S.J 
THORAX. [Lorica.] 
THRACES. [Gladiatores, p. 576, a.] 
THRANI'TAE (Spo^Toi). [N'Avis,p.788,a.l 
THRONUS, the Greek 3ip6yos, for which the 
proper Latin term is solium ; a throne. This did 
not differ from a chair (KoBilpa) [Cathedra ; 
Sella] except in being higher, larger, and in all 
respects more magnificent. (Athen. v. p. 192, e.) 
On account of its elevation it was always neces- 
sarily accompanied by a foot-stool (subsellium, 
inrcnroSiov, Att. ibpaviov. Ion. bpTjvus, Horn. //. xiv. 
240, Od.i. 131, x. 31.5). Besides a variety of 
ornaments, especially nails or studs of silver, be- 
stowed upon the throne itself, it was often covered 
with beautiful and splendid drapery. (Horn. Od. 
xx. 150.) [Tapes.] The accompanying woodcut 
shows two gilded thrones with cushions and dra- 
per)" represented on paintings found at Resina. 
(Ant. d'ICrc. vol. i. tav. 29.) These were intended 
to be the thrones of Mars and Venus, which is 
expressed by the helmet on the one and the dove 
on the other. 




All the greater gods were sometimes represented 
as enthroned. This was in imitation of the prac- 
tice adopted by mortals, and more particularly in 
Asia, as in the case of Xerxes (Philnstr. Imag. ii. 
31), and of the Parthians. (Claud, in IV. Cons. 
Honor. 214.) When the sitting statue of the god 
was colossal, the throne was of course great in pro- 
portion, and consequently presented a very eligible 
field for the display of sculpture and painting. As 
early as the sixth century before Christ Hathycles 
of Magnesia thus decorated the throne of the 
Amyclnean Apollo. (Dirt, of Iliwj. art. ltnthyrle.s.) 
The throne of the Olympian Zeus, the work of 
Pheidias, was constructed and ornamented in a 
similar manner. (Diet, of Diog. art. I'hcitlias, 
vol. iii. p. 252.) As a chair for common use was 
sometimes made to hold two persons (Horn. //. iii. 
424, (hi. xvii. 330) and a throne shared by two 
potentates (&l<ppoi>, Doris, up. Athrn. i. p. 17, f.), so 
two divinities were sometimes supposed to occupy 
the same throne. (I'aus. viii. 37. § 2.) Besides those 
belonging to the statues of the gods, the thrones of 



monarchs were sometimes deposited in the temples 
as Doxaria. (Paus. ii. 19. § 4, v. 12. § 3.) 

The following woodcut, taken from a fictile vase 
in the Museo Borbonico at Naples, represents Juno 
seated on a splendid throne, which is elevated, like 
those already described, on a basement. She holds 
in her left hand a sceptre, and in her right the 
apple, which Mercury is about to convey to Paris 
with a view to the celebrated contest for beauty 
on Mount Ida. Mercury is distinguished by his 
Talaria, his Cadl'cel's, and his petasus thrown 
behind his back and hanging by its string. On 
the right side of the throne is the representation of 
a tigress or panther. 




The elevated seat used by a schoolmaster was 
called his throne. (Iirunck, Anal. ii. 4 17.) [J. Y.] 
THY'MELE (du/ieAjj). [Theatrum, p. 1 122.] 
THYRSUS (Svpaos), a pole carried by Diony- 
sus, and by Satyrs, Maenades, and others who 
engaged in Bacchic festivities and rites. (Athen. 
xiv. p. 031, a. ; Veil. Pat. ii. 82.) [Diony.sia, 
p. 411, a.] It was sometimes terminated by the 
apple of the pine, or fir-cone (Kaivoipdpos, Brunck, 
Anal. i. 421), that tree (irtvKTj) being dedicated 
to Dionysus in consequence of the use of the tur- 
pentine which flowed from it, and also of its cones, 
in making wine. (Walpole, Man. on Eur. and As. 
Turkey, p. 235.) The monuments of ancient art, 
however, most commonly exhibit instead of the 
pine-apple a bunch of vine or ivy -leaves (Ovid. 
Mel. xi. 27, 28; Propert. iii. 3. 35) with grapes or 
berries, arranged into the form of a cone. The 
following woodcut, taken from a marble ornament 
(Mon. Malt/i. ii. tali. 110), shows the head of a 
thyrsus composed of the leaves and berries of the 
ivy, and surrounded by acanthus leaves. Very 
frequently also a white fillet was tied to the polo 
just below the head, in the manner represented in 
the woodcut on p. 1 30, b., where each of the figures 
hnldfl a thyrsus in her hand. See also the wood- 
cut to Funamiiulua and VaNNUs. (Statius, T/idi. 
vii. 054.) [IssTlTA.] The fabulous history of 
Bacchus relates that he converted the thyrsi car- 
ried by himself and his followers into dangerous 
weapons, by concealing an iron point in the head 
of leaves. (Diod. iii. 04, iv. 4 ; Macrob. Hal. i. 
19.) Hence his thyrsus is called "a spear en- 
veloped in vine-leaves" (Ovid. Met. iii 007), and 



1J30 TIARA. 




its point was thought to incite to madness. (Hor. 
Carm. ii. 19. 8 ; Ovid. Amor. iii. 1.23, iii. 15. 17, 
Trist. iv. 1. 43; Brunck, Anal. iii. 201 ; Orph. 
Hymn. xlv. S, 1. 8.) [J. Y.] 

'TIA'RA or TIA'RAS (ridpa or ridpas ; Alt. 
KvpSaoia, Moeris, s. v. ; Herod, v. 49, vii. 64 ; 
Aristoph. Ares, 487), a hat with a large high 
crown. This was the head-dress which character- 
ized the north-western Asiatics, and more especially 
the Armenians (Xen. Cyr. 1. § 13 ; Sueton. Nero, 
13), the Parthians, and the Persians (Herod, iii. 
12 ; Philost. Sen. Imag. ii. 31 ; Plaut. Pers. iv. 
2. 2), as distinguished from the Greeks and Ro- 
mans, whose hats fitted the head or had only a 
low crown. The Mysian hat, or " Phrygian bon- 
net," as it is now called [Pileus, p. 919, b.], was 
a kind of tiara (Virg. Aen. vii. 247; Servius, in foe; 
Sen. T/tyest. iv. 1. 40, 41 ; Philostr. Jun. Imag. 
8), formed with lappets to be tied under the chin 
(Juv. vi. 516 ; Val. Flacc. vi. 700), and dyed 
purple. (Ovid. Met. xi. 181.) 

The king of Persia wore an erect tiara, whilst 
those of his subjects were 30ft and flexible, falling 
on one side. (Herod, vii. 61 ; Xen. Anab. ii. 5. 
§ 23, Cyrop. viii. 3. § 13 ; Schol. in Aristoph. I. c.) 
He was also distinguished by the splendid colours 
of his tiara (Themist. Orat. 2. p. 36, c, 24. p. 
306, a), and by a Diadema, which encircled it, 




TIBIA. 

and which was variegated with white spots upon 
a blue ground. The Persian name for this regal 
head-dress was cidaris. (Curt. iii. 8 ; KiSapis or 
kit apis, Strabo, xi. 12. § 9 ; Pollux, vii. § 58.) 
The preceding woodcut shows the cidaris as repre- 
sented on a gem in the Royal Cabinet at Paris, 
and supposed by Caylus to be worn by a sovereign 
of Armenia. (Recueil d'Ant. ii. p. 124.) From 
a very remote period (Aeschyl. Pers. 668) down 
to the present day the tiara of the king of Persia 
has been commonly adorned with gold and jewel- 
lery. [J. Y.] 

TI'BIA (auA.ds), a pipe, the commonest musical 
instrument of the Greeks and Romans. It was 
very frequently a hollow cane perforated with 
holes in the proper places. (Plin. II. N. xvi. 36. 
s. 66 ; Athen. iv. p. 182.) In other instances it 
was made of some kind of wood, especially box, 
and was bored with a gimblet (terebrato buxo, 
Ovid. Fast. vi. 697). The Phoenicians used a pipe, 
called gingrus, or avAbs ■yiyypaipos, which did not 
exceed a span in length, and was made of a small 
reed or straw. (Athen. iv. p. 1 74, f ; Festus, s. v. 
Gingriator.) The use of the same variety in Egypt 
is proved by specimens in the British Museum, 
which were discovered in an Egyptian tomb. 

When a single pipe was used by itself, the per- 
former upon it, as well as the instrument, was 
called monaulos. (Mart. xiv. 64 ; fiSvavAos, 
Brunck, Anal. i. 484.) Thus used, it was much 
in fashion at Alexandria. (Athen. iv. p. 174, b.) 
When its size became considerable, and it was 
both strengthened and adorned by the addition of 
metallic or ivory rings (Hor. Art. Poet. 202 — 205; 
Propert. iv. 6. 8), it must have been comparable 
to the flageolet, or even to the clarionet of modern 
times. Among the varieties of the single pipe the 
most remarkable were the bag-pipe, the performer 
on which was called utriculaiius (Sueton. Nero, 
54) or cuTKavXris (Onomast.) ; and the avAbs 
irAayios or wAayiavAos (Theocrit. xx. 29 ; Longus, 
i. 2 ; Heliodor. Aetliiop. v. ; Aelian, H. A. vi. 19 ; 
Eustath. in Horn. II. xviii. 495), which, as its 
name implies, had a mouth-piece inserted into it 
at right angles. Its form is shown in a restored 
terminal statue of Pan in the Townley collection 
of the British Museum. Pan was the reputed 
inventor of this kind of tibia (Bion, iii. 7) as well 
as of the fistula or Syrinx. 

But among the Greeks and Romans it was much 
more usual to play on two pipes at the same time. 
Hence a performance on this instrument (tibicinium, 
Gellius, iv. 13), even when executed by a single 
person, was called canere or cantare tibiis. (Gellius, 
N. A. xv. 17 ; Corn. Nepos, xv. 2. § 1.) This 
act is exhibited in very numerous works of ancient 
art, and often in such a way as to make it manifest 
that the two pipes were perfectly distinct, and not 
connected, as some have supposed, by a common 
mouth-piece. We see this more especially in two 
beautiful paintings, which were found at Resina 
and Civita Vecchia, and which represent Marsyas 
teaching the young Olympus to play on the double 
pipe. {Ant. a!' Ercolano, i. tav. 9, iii. tav. 19 ; 
compare Paus. x. 30. § 5.) The tibiae pares in 
the British Museum, which were found with a lyre 
in a tomb at Athens, appear to be of cedar. Their 
length is about 15 inches. Each of them had a 
separate mouth-piece (yAwctris), and besides the 
hole at the end it has five holes along the top and 
one underneath. The circumstance of these three 



TIBIA. 

instruments being found together, is in accordance 
with the fact, that they are very commonly men- 
tioned together by ancient authors (Pind. 01. iii. 
9, xi. 97, 93, Isth. iv. 30, ed. Biickh ; 1 Cor. xiv. 
7) ; and the reason of this was, that performancts 
on the double pipe were very frequently accom- 
panied by the music of the lyre. (Hor. Epod. ix. 
5.) The mouth-pieces of the two pipes often passed 
through a Capistrum. (See woodcut, p. 553.) 

Three different kinds of pipes were originally 
nsed to produce music in the Dorian, Phrygian, 
and Lydian modes. [Musica, p. 777.] About 
the third century B. c, Pronomus, the Thcban, in- 
vented adjustments ( op/iow'ai) by which the same 
set of pipes might be fitted to all the modes. (Paus. 
ix. 12. §4; Athen. xiv. p. 631, e.) In what 
these adjustments consisted we are not clearly in- 
formed. Probably stopples or plugs (SA/ioi) were 
used for this purpose. It appears also, that to 
produce the Phrygian mode the pipe had only two 
holes above (bi/oris, Virg. Aen. ix. 617 — 620), 
and that it terminated in a horn bending upwards. 
(TibnlL iL 1. 86 ; Ovid. Met. iii. 533.) It thus 
approached to the nature of a trumpet, and pro- 
duced slow, grave, and solemn tunes. The Lydian 
mode was much quicker, and more varied and 
animating. Horace mentions " Lydian pipes " as 
a proper accompaniment, when he is celebrating 
the praise of ancient heroes (C'urm. iv. 13. 30). 
The Lydians themselves used this instrument in 
leading their troops to battle ; and the pipes, em- 
ployed for the purpose, are distinguished by Hero- 
dotus (i. 17) as "male and female," i.e. probably 
bass and treble, corresponding to the ordinary 
sexual difference in the human voice. The corre- 
sponding Latin terms are tibia dextra and sinistr<i 
(laeva, Plin. I.e.): the respective instruments are 
supposed to hare been so called, because the for- 
mer was more properly held in the right hand and 
the latter in the left. The " tibia dextra " was 
used to lead or commence a piece of music, and 
the "" sinistra 11 followed it as an accompaniment. 
Hence the former was called inccntiva, the latter 
tuccentiva. ( Varro, de lie Rust. i. 2.) The comedies 
of Terence having been accompanied by the pipe, 
the following notices are prefixed to explain the 
kind of music appropriate to each : tibiis paribus, 

1. e. with pipes in the same mode ; lib. impuribus, 
pipes in different modes ; lib. duabns dcxtris, two 
pipes of low pitch ; lib. par. dextris el sinistris, 
pipes in the same mode and of both low and high 
pitch. 

The use of the pipe among the Greeks and Ro- 
mans was threefold, viz. at sacrifices (tibiae sucri- 
Jicue), entertainments (ludirmr, Plin. I.e.; woodcut, 
p. SOU), and funerals. (Ovid. Fail. vi. 657.) 1. A 
sacrifice was commonly attended by a piper (tibieen, 
Varro, dc lie Hunt. iii. 17; woodcut, p. 1045, b), 
who partook of the food offered, so that " to live 
like a piper " became a proverb applied to those 
who maintained themselves at the expense of other 
people. (Suidas, ». v. Av\rrr))s : Aristoph. /'ax, 
952.) The worshippers of Bacchus ( Virg. Aen. xi. 
737), and still more of Cybele, "the Bcrccynthin 
mater" (Hor. Carm. iv. 1. 23), used the Phrygian 
pipe, the music of which was on this account de- 
DaXDXDAtvd to Mi|T|.i<*ut.<i|»". (Pans. x. 30. § 5.) 

2. At public entertainments the tibirines wore 
tunics reaching down to their feet (Ovid. Fast, vi. 
086 ), ns is exemplified in one of the woodcuts under 
i ' m« a. In conformity with the use of this kind 



T1MEMA. 1131 
of music at public festivals, a band of tibicines 
preceded a Roman general when he triumphed. 
(Floras, ii. 2.) 3. The gravity and solemnity of 
the Phrygian pipes, which adapted them to the 
worship of Cybele, also caused them to be used at 
funerals. (Statius, Tlub. vi. 120 ; compare Joseph. 
B. J. iii. 8. 5 ; Matt. ix. 23.) The pipe was the 
instrument principally used to regulate the dance 
[Sai-tatio], whether at sacrifices, festivals, or 
private occasions in domestic life (Herod, vi. 129); 
by means of it also the rowers kept time in a 
trireme. (Max. Tyr. 23.) 

Notwithstanding the established use of the pipe 
for these important purposes, it was regarded, more 
especially by the Athenians, as an inelegant in- 
strument, greatly inferior to the lyre. (PluL Aleib. 
p. 351 ; Gellius, A r . A. xv. 17 ; Aristot.PoU.viii. 
6.) Horace, however, represents Clio as perform- 
ing according to circumstances cither on the lvre 
or the pipe (Carm. i. 12. 2 ; compare Philost. Sen. 
Imag.ii. 5); and it is certain that the pipe was by 
no means confined anciently, as it is with us, to 
the male sex, but that av\r]TpiSes, or female tibi- 
cines, were very common. (Xen. Symp. ii. 1; Hor. 
Epist. i. 14. 25.) The Thebans always esteemed 
this instrument, and excelled greatly in the use of 
iL (Ant/tot. ed. Jacobs, ii. 633.) [J. Y.J 

TIBI'CEN. [Tibia.] 

T1GNI IMMITTENDI SERVITUS. [Ser- 
vitutes, p. 1031, b.] 

Tl.ME'MA (Tiuri/jLa). The penalty imposed in 
a court of criminal justice at Athens, and also the 
damages awarded in a civil action, received the 
name of Ti/xriua, because they were estimated or 
assessed according to the injury which the public 
or the individual might respectively have sustained. 
The penalty was cither fixed by the judge, or 
merely declared by him according to some estimate 
made before the cause came into court. In the 
first case the trial was called ayuy ti/i7)tos, in tin; 
second case ayuy iniu-qTos, a distinction which 
applies to civil as well as to criminal trials. 

It is obvious that on a criminal charge two 
inquiries have to be made ; first, whether the de- 
fendant is guilty, secondly, if he be found guilty, 
what punishment ought to be inflicted upon him. 
It may be advisable to leave the punishment to the 
discretion of the judge, or it may not In some 
cases the Athenian law-giver thought that the 
judge ought to have no discretion. Thus, in cases 
of murder and high treason sentence of death was 
imposed by the law and only pronounced by the 
judge [Phonos ; Pkodosia], and in many other 
cases the punishment wai likewise fixed by the 
law. But where the exact nature of the offence 
could not be foreseen by the lawgiver, or it might 
so far vary in its character and circumstances as to 
admit of many degrees of culpability, it might be 
desirable or even necessary to leave the punish- 
ment to the discretion of the judge. The law then 
directed that the game court which passed sentence 
on the culprit should forthwith impose the penalty 
which his crime degcrved. Thus in the y6fiot 
v€ptwt ( DemOfth. r. Mid. 529) it is enncted : 
otou ay KaTayyif ij jjAioia, TiuaTui irtpi aurou 
irapaxpvua, orou ay Jo^ij Sfloj thai naBuv f) 
inoTitrai, where Airoriirai refers to pecuniary pe- 
nalties, naOtiy to any Other sort of penalty, as 
•bath, imprisonment, dc. Sometimes a special 
provision win made ns to the mcang of enforcing 
the punishment ; ns in the law last cited, and also 



1132 



TIMEMA. 



TIMEMA. 



in the laws in Demosth. c. Timocr. 733, it is de- 
clared, that if a fine be imposed, the party shall 
be imprisoned until it is paid. 

In civil causes the sentence by which the Court 
awarded redress to the injured party would vary 
according to the nature of his complaint. Where 
he sought to recover an estate in land, or a house, 
or any specific thing, as a ring, a horse, a slave, 
nothing further was required, than to determine to 
whom the estate, the house, or the thing demanded, 
of right belonged. [Heres (Greek) ; Oikias 
Dike.] The same would be the case in an action 
of debt, XP* 0VS 8feiJ, where a sum certain was de- 
manded ; as for instance, where the plaintiff had 
lent a sum of money to the defendant, and at the 
trial no question was made as to the amount, but 
the dispute was, whether it was a loan or a gift, 
or whether it had been paid or not. So, in an 
action for breach of contract, if by the terms of the 
contract a certain penalty had been attached to its 
violation, it would be unnecessary to have an in- 
quiry of damages, they being already liquidated by 
the act of the parties themselves. (Demosth. c. 
Dionys. 1291, 1296, et argum.) In these and 
many other similar cases the trial was &.tI/j.titos. 
On the other hand, wherever the damages were in 
their nature unliquidated, and no provision had 
been made concerning them either by the law or 
by the agreement of the parties, they were to be 
assessed by the dicasts. 

The following was the course of proceeding in 
the Tijxrirol ayci'i/es. 

Let us suppose that on a criminal prosecution 
the defendant had been found guilty. The super- 
intending magistrate then called upon the pro- 
secutor to say, what punishment he proposed to be 
inflicted on him, and what he had to say there- 
upon. The bill of indictment (eyxArma.) was 
always superscribed with some penalty by the 
person who preferred it. He was said imypa- 
<pea8ai Ti'yuTj/io, and the penalty proposed is called 
firlypafiLfia. (Demosth. c. Nausim. 985.) We 
find also the expressions iirdyeiv Tijxyixa, ri/xao-Bai 
r<S (pevyovTi, Ti\it\aiv irottivQai, When a charge 
was brought not by a private individual, but by a 
magistrate ex officio, the law required him in like 
manner to write down the penalty which he 
thought the case merited. (Demosth. c. Macart. 
1076.) The prosecutor was now called upon to 
support the allegation in the indictment, and for 
that purpose to mount the platform and address 
the dicasts (avaSo.ivziv els ri/xrifia). 

Here he said whatever occurred to him as likely 
to aggravate the charge, or increase the dicasts 
against his opponents. He was not bound, how- 
ever, to abide by the proposal made in the bill, but 
might, if he pleased (with the consent of the court) 
ask for a lower penalty than he had demanded 
before. This was often done at the request of the 
defendant himself, or of his friends ; sometimes 
from motives of humanity ; and sometimes from 
prudential considerations. If the accused sub- 
mitted to the punishment proposed on the other 
side, there was no further dispute ; if he thought 
it too severe, he made a counter proposition, nam- 
ing the penalty (commonly some pecuniary fine) 
which he considered would satisfy the demands of 
justice. He was then said avriTiiuurBai, or eavry 
Tifi<ZaQa.i. (Demosth. c. Timocr. 743, c. Nicostr. 
1252 ; Aesch. de Fah. Leg. 29, ed. Steph.) He 
was allowed to address the court in mitigation of 



punishment ; to say what he could in extenuation 
of his offence, or to appeal to the mercy of his 
judges. This was frequently done for him by his 
relations and friends ; and it was not unusual for 
a man, who thought himself in peril of life or free- 
dom, to produce his wife and children in court, 
to excite compassion. (Demosth. c. Mid. 573, 575, 
c. Aristocr. 793, de Fals. Leg. 431, 434, c. Onetor. 
878, c. Aphob. 834 ; Aristoph. Vesp. 560.) After 
both parties had been heard, the dicasts were called 
upon to give their verdict. 

Here occurs a question, about which there has 
been much difference of opinion, and which it is 
impossible to determine with any certainty ; viz. 
whether the dicasts, in giving this verdict, were 
confined to a choice between the estimates of the 
opposing parties, or whether they had a discretion 
to award what punishment they pleased. With- 
out entering upon any controversial discussion, the 
following appears to the writer the most probable 
view of the matter. 

The dicasts had no power of discussing among 
themselves, or agreeing upon the fine or penalty to 
be awarded. Such power was incompatible with 
their mode of voting by ballot. [Psephus.] At 
the same time it would be absurd to suppose that 
the Athenian court had no means of controlling the 
parties in the exercise of that privilege which the 
law gave them, or that it was the common practice 
for the parties to submit widely different estimates 
to the dicasts, and leave them no alternative but 
the extreme of severity on the one side, and the 
extreme of mercy on the other. Many passages 
in the orators are opposed to such a view, and 
especially the words of Demosthenes, c. Timocr. 
737. 

The course of proceeding seems to have been as 
follows. The prosecutor usually superscribed his 
indictment with the highest penalty which the law 
or the nature of the case would admit of. In the 
course of the trial there might be various indica- 
tions on the part of the dicasts of a disposition to 
favour one side or the other. They often exhibited 
their feelings by vehement gestures, clamour, in- 
terruption, and questioning of the parties. It 
was not unusual for the speakers to make allusions 
to the punishment before the first verdict had been 
given. (Aesch. c. Timarch. 12, de Fals. Leg. 48. 
ed. Steph. ; Demosth. c. Mid. 523, c. Boeot. de 
dot. 1022, 1024, c. Spud. 1033, c. Macart. 1060, 
e. Steph. 1128; Platner, Proc. und Klag. vol. i. 
p. 384.) All this enabled both parties to feel the 
pulse of the court before the time had arrived for 
the second verdict. If the prosecutor saw that the 
dicasts were greatly incensed against his opponent, 
and he himself was not mercifully inclined, he 
would persist in asking for the highest penalty. 
If he was himself disposed to be merciful, or 
thought that the dicasts were, he would relax in 
his demand. Similar views would prevent the de- 
fendant from asking for too small a penalty, or 
would induce him to effect a compromise (if pos- 
sible) with his opponent. We may reasonably 
suppose, that it was competent for the prosecutor 
to mitigate his demand at any time before the 
magistrate called on the dicasts to divide ; but not 
after, without the consent of the court. (Demosth. 
c. Nicostrat. 1252, 1254, c. Theocrin. 1343, c. 
Neaer. 1347.) If the parties were endeavouring 
to come to an arrangement, the court would give 
them a reasonable time for that purpose ; and there 



TIMEMA. 



TINTIXNABULUM. 1133 



is reason to believe, that the petitions addressed 
by the defendant or his friends to the prosecutor 
were made aloud in the hearing of the dicasts. 
As to the suggested explanation of -n^iac tV 
fiaxpav, see Psephcs. 

We cannot doubt that in case of heinous of- 
fences, or those which immediately concerned the 
state, the court would not permit of a compromise 
between the opposing parties ; but in ordinary 
cases, a public prosecutor was looked on by the 
Athenians much in the light of a plaintiff, es- 
pecially where his object was to obtain some 
penalty given by the law to an informer. When 
the parties could not come to terms, the dicasts, 
after hearing what each of them had to say, di- 
vided on their respective propositions, and the ma- 
jority of vote3 determined the penalty. (Platner, 
Proc.und Klag. vol. L pp. 198—202"; Meier, Att. 
Proc. pp. 178—182.) 

The course thus pursued at Athens must have 
led to injustice occasionally, but was, perhaps, the 
only course that could be adopted with so large a 
number of judges. Aristotle tells us, that Hippo- 
damus of Miletus (who, no doubt, perceived the 
evils of this system) proposed that the verdict 
should not be given by ballot (Sia \ff7]<po<poptas), 
but that each judge should bring in a tablet with 
a special statement of his opinion ; upon which 
proposal Aristotle remarks, that its effect would be 
to make each judge a SiaiTTj-rtjs : that it was an 
object with most of the ancient lawgivers, that the 
judges should not confer with each other (noivo- 
Aoyuvrat), and then he comments on the confusion 
that would arise, if the judge were allowed to 
propose a penalty different from that submitted 
to him by the parties. (Arist. Polit. ii. 5. §§ 3, 
8, <J.) 

As a general rule, only one penalty could be im- 
posed by the court, though the law sometimes gave 
more than one. (Dcmosth. c. Lejit. 504, c. Neaer. 
1363.) Sometimes the law expressly empowered 
the jury to impose an additional penalty (■npomi- 
UTina) besides the ordinary one. Here the pro- 
position emanated from the jury themselves, any 
one of whom might move that the punishment al- 
lowed by the law should be awarded. He was 
said TrpotrrifiaaBtu, and the whole dicasts, if (upon 
a division) they adopted hia proposal, were said 
■rpoari^iay. (I)env>9th. c. Timocr. 733 ; Meier, 
All. I'ntc. pp. 183, 72.5.) We may observe, that 
the preposition irpoi in the verb ■xpomiyMV does 
not always imply that a second /vitally is imposed, 
but is sometimes used with reference to other mat- 
ters, as in Demosth. c. Aristmj. 790. 

In private actions the course of proceeding with 
respect to the assessment of damages was much the 
same as described above. In some cases, where 
the plaintiff's demand was made up of several 
charges, or arose out of various matters, he would 
give in hia bill of plaint a detailed account, specify- 
ing the items, &c, instead of including them in 
one gross estimate. This seems to have been con- 
sidered the fairer method, and may be compared 
to our hill of particulars, which the plaintiff de- 
livers to the defendant (Dcmosth. c. Aphob. 8.53.) 
The liability of the plaintiff to the /ir&>e«Aia, which 
was calculated upon the sum demanded, operated 
as n check upon exorbitant demands, in addition 
to that which we have already noticed. 

The irpoirri^TjiTii rarely occurred in private ac- 
tions, except in those where the wrongful act com- 



plained of had the character of a public offence, as 
in the Si'ktj tpevSofiaprvpiuiv. [Maktyria.] 

As to the amount of revenue derived by the 
Athenians from public fines, see Bockh, Pull. 
Econ. of Athens, p. 37.5, &c. 2d ed. 

As to Tifuip.a in the sense of the rateable value 
of property with reference to the Athenian pro- 
pertv tax, see Eisphora. [C. R.K.I 

TIMOCRATIA. [Oligarchia.J 

TINTINXA'BULUM (kMwv), a bell. Bells 
were used for a great variety of purposes among the 
Greeks and Romans, which it is unnecessary to 
particularize here. One use, however, of them, 
for the purpose of keeping watch and ward in the 
fortified cities of Greece, deserves mention. (Thu- 
cyd. iv. 135; Aristoph. Arcs, 843, 1159; Schol. 
in loc.) A guard (<p''Ka^) being stationed in every 
tower, a ircpiaroAoj (see p. 463, a) walked to and 
fro on the portion of the wall between two towers. 
It was his duty to carry the bell, which he received 
from the guard at one tower, to deliver it to the 
guard at the next tower, and then to return, so that 
the bell by passing from hand to hand made the 
circuit of the city. By this arrangement it was 
discovered if any guard was absent from his post, 
or did not answer to the bell in consequence of 
being asleep. Hence to prove or try a person was 
called KwSuvifav (AeYnn, H.A. xvi. 25) ; to per- 
form the office of patrole was nuhwoipopuv. 

The forms of bells were various in proportion to 
the multiplicity of their applications. In the Mu- 
seum at Naples are some of the form which we 
call bell shaped ; others are more like a Chinese 




gong. The bell, fig. 1 in the annexed woodcut, is 
a simple disk of bell-metal ; it is represented in a 
painting as hanging from the branch of a tree. 
(Bartoli, Sep. Ant. 13.) Figure 2 represents a bell 
of the same form, but with n circular hole in the 
centre, and a clapper attached to it by a chain. 
This is in the Museum at Naples, as well as the 
bell, fig. 3, which in form is exactly like those still 
commonly used in Italy to be attached to the necks 
of sheep, goats, and oxen. Fig. 4 is rcprcM-ntcd 



1134 



TITHENIDIA. 



TOGA. 



on one of Sir W. Hamilton's vases (i. 43) as car- 
ried by a man in the garb of Pan, and probably 
for the purpose of lustration. (Theocrit. ii. 36 ; 
Schol. in he.) Fig. 5 is a bell, or rather a collec- 
tion of twelve bells suspended in a frame, which is 
preserved in the Antiquarium at Munich. This 
jingling instrument, as well as that represented by 
fig. 6 (from Bartoli, Luc. Sep. ii. 23), may have 
been used at sacrifices, in Bacchanalian processions, 
or for lustration. Fig. 7 is a fragment of ancient 
sculpture, representing the manner in which bells 
were attached to the collars of chariot-horses. 
(Ginzrot, uber War/en, ii. pi. 57.) [J. Y.] 

TIRO was the name given by the Romans to a 
newly enlisted soldier, as opposed to veteramis, one 
who had had experience in war. (Caesar, Bell. Civ. 
iii. 28.) The mode of levying troops is described 
under Exercitus, pp. 496, 49.9. The age at 
which the liability to military service commenced 
was 17. 

From their first enrolment the Roman soldiers, 
when not actually serving against an enemy, were 
perpetually occupied in military exercises. They 
were exercised every day (Veget. i. 1 ), the tirones 
twice, in the morning and afternoon, and the vete- 
rani once. The exercises included not only the 
use of their weapons and tactics properly so called, 
but also whatever could tend to increase their 
strength and activity, and especially carrying bur- 
thens and enduring toil. Vegetius (i. 9 — 27) enu- 
merates among the exercises of the tirones march- 
ing, running, leaping, swimming, carrying the 
shield, fighting at a post [Pal us], thrusting with 
the sword in preference to striking, using their 
armour, hurling spears and javelins, shooting ar- 
rows, throwing stones and leaden bullets, leaping 
on and off their horses, carrying weights, fortifying 
the camp, and forming the line of battle. 

Vegetius also gives rules for choosing tirones ac- 
cording to their country, their being rustics or 
townsmen, their age, stature, personal appearance, 
and previous occupation (i. 2 — 8). But these rules 
refer almost exclusively to the state of things under 
the emperors, when the army was no longer re- 
cruited from the citizens of Rome, but from the 
inhabitants of the provinces. 

At this period, the tiro, when approved as fit for 
the army, was branded or tatooed in the hand with 
a mark [stigmata ; puncta signorum ), which Lipsius 
conjectures to have been the name of the emperor. 

The state of a tiro was called tirocinium ; and a 
soldier who had attained skill in his profession was 
then said tirocinium ponere, or deponere. (Justin, 
xii. 4, ix. 1.) 

(Lipsius, de Milit. Roman, in Ope.r. vol. iii. 
pp. 32, 33, 184, 193—197.) 

In civil life the terms tiro and tirocinium were 
applied to the assumption of the toga virilis, which 
was called tirocinium fori [Toga], and to the first 
appearance of an orator at the rostrum, tirocinium 
eloquenliae (Senec. Proem. 1. 2.); and we even have 
such a phrase as tirocinium navis for the first voyage 
of a ship. (Plin. //. N. xxiv. 7. s. 26.) [P. S.] 

TIROCI'NIUM. [Tiro.] 

TITHENI'DIA (Tiflrji/iSia), a festival cele- 
brated at Sparta by the nurses who had the care 
of the male children of the citizens. On this oc- 
casion the nurses (rndui) carried the little boys 
out of the city to the temple of Artemis surnamed 
Corythallia, which was situated on the bank of 
the stream Tiassus in the district of Cleta. Here 



the nurses sacrificed sucking pigs on behalf of the 
children, and then had a feast, probably of the meat 
of the victims, with which they ate bread baked 
in an oven (tirv'iTas &provs, Athen. iv. p. 139 ; 
comp. Plut. Sgmpos. iii. 9, Quaest. Gr. vii. p. 2 1 1 , 
Wyttenb. ; Hesych. s. v. KopvOaWicrrpiai;) [L. S.] 

TITIES or TITIENSES. [Patricii.] 

TI'TII SODA'LES, a sodalitas or college of 
priests at Rome, who represented the second tribe 
of the Romans, or the Tities, that is, the Sabines, 
who after their union with the Ramnes or Latins 
continued to perform their own ancient Sabine 
sacra. To superintend and preserve these, T. Tatius 
is said to have instituted the Titii sodales. (Tacit. 
Annal. i. 54.) In another passage (Hist. ii. 95) 
Tacitus describes this sacerdotiuni in a somewhat 
different manner, inasmuch as he says that it was 
instituted hy Romulus in honour of king Tatius, 
who after his death was worshipped as a god. But 
this account seems only to mean that Romulus after 
the death of Tatius sanctioned the institution of 
his late colleague and made the worship of Tatius 
a part of the Sabine sacra. From Varro (de Ling. 
Lai. v. 85, ed. MUller), who derives the name 
Sodales Titii from Titiae aves, which were observed 
by these priests in certain auguries, it appears that 
these priests also preserved the ancient Sabine au- 
guries distinct from those of the other tribes. Dur- 
ing the time of the republic the Titii sodales are 
no longer mentioned, as the worships of the three 
tribes became gradually united into one common 
religion. (Ambrosch,Studienu. Andeut. p. 192,&c.) 
Under the empire we again meet with a college of 
priests bearing the name of Sodales Titii or Titienses, 
or "Sacerdotes Titiales Flaviales ; but they had no- 
thing to do with the sacra of the ancient tribe of 
the Tities, but were priests instituted to conduct 
the worship of an emperor, like the Augustales. 
(Gruter, Inscript. xix. 4, ccciv. 9, cccxcvi. 1 ; In- 
script. ap. Murat. 299. 5: comp. Lucan. Phars. i. 
602.) [Augustales.] [L. S.] 

TOCOS (tokos). [Fenus.] 

TOCULLIONES. [Fenus.] 

TOGA (ttiSspvos), a gown, the name of the 
principal outer garment worn by the Romans, is 
derived by Varro from tegcre, because it covered 
the whole body (v. 144, ed. MUller). Gellius 
(vii. 12) states that at first it was worn alone, 
without the tunic. [Tunica.] Whatever may 
have been the first origin of this dress, which some 
refer to the Lydians, it seems to have been re- 
ceived by the Romans from the Etruscans, for it is 
seen on Etruscan works of art as the only covering 
of the body, and the toga praetexta is expressly 
said to have been derived from the Etruscans. 
(Liv. i. 8 ; Plin. H. N. viii. 48. s. 74 ; MUller, 
Etrusker, vol. i. p. 262.) 

The toga was the peculiar distinction of the Ro- 
mans, who were thence called togati or gens togata. 
(Virg. Aen. i. 282 ; Martial, xiv. 124.) It was 
originally worn only in Rome itself, and the use of 
it was forbidden alike to exiles and to foreigners. 
(Plin. Epist. iv. 1 1 ; Suet. Claud. 1 5.) Gradually, 
however, it went out of common use, and was sup- 
planted by the Pallium and lacerna, or else it was 
worn in public under the lacerna. (Suet. Aug. 40.) 
[Lacerna.] But it was still used by the upper 
classes, whe regarded it as an honourable distinc- 
tion (Cic. Philip, ii. 30), in the courts of justice, 
by clients when they received the Sportula 
(Martial, xiv. 125), and in the theatre or at the 



TOGA. 



TOGA. 



1135 



pames, at least when the emperor was present. 
(Suet. Claud. 6 ; Lamprid. Commod. 16.) Under 
Alexander Severus guests at the emperor's table 
were expected to appear in the toga. (Lamprid. 
Sever. 1.) 

The form of the toga, and the manner of wear- 
ing it, are matters which are much disputed, and 
about which indeed it seems almost impossible, 
with our present information, to arrive at certainty. 

The form was, undoubtedly, in some sense round 
(Quintil. xi. 3. § 137 ; Isid. Oriy. xix. 24), semi- 
circular according to Dionysius (iii. 61), who calls 
it irepi§6\aiov TifwcvicKiov. It seems, however, 
impossible, from the way in which it was worn, 
that it could have been always a semicircle. Such 
may perhaps have been its form as worn in the 
most ancient times, when it had no great fulness ; 
but to account for the numerous folds in which it 
was afterwards worn, we must suppose it to have 
had a greater breadth in proportion to its length, 
that is, to have been a smaller segment than a 
semicircle. Probably the size of the segment which 
the toga formed (on which its fulness depended) 
was determined by the fashion of the time or the 
taste of the wearer. This appears to be the true 
explanation of Quintilian's words (xi. 3. § 139), 
" Ipsam togam rotundam, et apte caesam velim," 
which could have no meaning if nothing more were 
required than to give the garment the very simple 
form of a simicircle. The only other point to be 
noticed respecting the form of the toga, is the 
question whether, when it came to be worn in 
many complicated folds, the art of the tailor may 
not have been employed to keep these folds in 
their position. This question, however, belongs 
more properly to the mode of wearing the toga. 

On this subject our principal information is de- 
rived from Quintilian (xi. 3. Sj§ 137, &c.) and Ter- 
tullian (<le 1'aUio), whose statements, however, refer 
to the later and more complicated mode of wearing 
the garment, and from statues in Roman costume. 

Frequent reference is made to the Sinus of the 
toga. This was a portion of the garment, which 
hung down in front of the body, like a sling ; it 
will be more fully explained presently. 

Wc must make a clear distinction between the 
more ancient and simpler mode of wearing the 
toga, and the full form, with many complicated 
folds, in which it was worn at a later period. 

Quintilian (xi. 3. § 137) says that the ancients 
had no sinus, and that afterwards the sinuses were 
very short. The passage in Livy (xxi. If!, sinu ex 
Unfit f<icii>, iterum sinu effuso) seems to refer 
not to the sinus, technically so called, but « sinus 
which Fabius made at the moment by gathering 
up some part of his toga. 

The ancient mode of wearing the toga is shown 
in the following cut, which is taken from the 
Aiuiurtrum, pi. 1 17 (Becker, (lollus, vol. ii. p. U3), 
and represents a statue at Dresden. 

Let the toga, which in this case was probably 
not far from an exact semicircle, be held behind 
the figure, with the curved edge downwards. First, 
one comer is thrown over the left shoulder ; then 
the other part of the garment is placed on the right 
shoulder, thus entirely covering the back and the 
riitht side up to the neck. It is then passed over 
the front of the body, leaving very little of tin- chest 
BBSMUNi and reaching downwards nearly to the 
feet (iii tin- figure, quite to one of them). The 
remaining end, ur corner, is then thrown back over 




the left shoulder, in such a manner as to cover the 
greater part of the arm. By this arrangement the 
right arm is covered by the garment, a circumstance 
noticed by Quintilian (§ 138) ; but it was occa- 
sionally released by throwing the toga off the right 
shoulder, and leaving it to be supported on the left 
alone. This arrangement is seen in many ancient 
statues ; an example is shown in the following cut, 
which represents the celebrated statue of Aulus Me- 
tellus (commonly called the Etruscan orator) in the 
Florence Gallery. (Miiller, Dcnkmaler, vol. i. pi. 
lviii. No. 2U9.) The portion of the toga which, in 




the first figure, hangs down from the chest, if it be a 
sinus, is certainly of the kind described by Quin- 
tilian as /icrifuam breris. 

The next cut represents the later mode of wear- 
ing the toga, and is taken from an engraving in 
the Mtueo Ilurfnmico (vol. vi. tav. ll) of a statue 
found at Herculaneum. 

Ity comparing this and other statues with the 
description of Quintilian, we mny conclude that the 
mode of wearing the toga win something like thu 
following : — 

First, as above remarked, the form in this caso 
was n segment less than a semicircle. As before, 
the curved side was the lower, and one end of the 



1136 TOGA. 




garment was thrown over the left shoulder, and 
hung down in front, hut much lower than in the 
former case. This seems to be the part which 
Quintilian (§ 139) says should reach down half- 
way between the knee and the ankle. In our 
figure it reaches to the feet, and in some statues it 
is even seen lying on the ground. The garment 
was then placed over the back, as in the older 
mode of wearing it, but, instead of covering the 
right shoulder, it was brought round under the 
right arm to the front of the body. This is the 
most difficult part of the dress to explain. Quin- 
tilian says (§ 140) : — " Sinus decentissimus, si 
aliquanto supra imam togam fuerit, nunquam certe 
sit inferior. Ille, qui sub humero dextro ad sinis- 
trum oblique ducitur velut balteus, nec strangulet 
nec fluat." Becker's explanation of this matter 
seems perfectly satisfactory. He supposes that the 
toga, when carried under the right arm, was then 
folded into two parts ; one edge (namely, the 
'ower or round edge) was then brought almost close 
under the arm, and drawn, but not tightly, across 
the chest to the left shoulder, forming the velut 
balteus of Quintilian, while the other part was al- 
lowed to fall gracefully over the lower part of the 
body, forming the sinus, and then the remaining end 
of the garment was thrown over the left shoulder, 
and hung down nearly as low as the other end, 
which was first put on. It is to this part that 
Quintilian seems to refer when he says (§ 140) : — 
" Pars togae, quae postea imponitur, sit inferior : 
nam ita et sedet melius, et continetur ; " but the 
true application of these words is very doubtful. 
By the bottom of the toga (imam togam) in the 
above quotation, he seems to mean the end of the 
toga first put on. The part last thrown over the 
left shoulder, as well as the end first put on, co- 
vered the arm, as in the older mode of wearing the 
garment. The outer edge (extrema ora) of this 
part ought not, says Quintilian (§ 140), to be 
thrown back. He adds (§ 141), " Super quod (i. e. 
sinistrum brachium) ora ex toga duplex aequaliter 
sedeat," by which he probably means that the edge 
of this portion should coincide with the edge of the 
end which was first thrown over the left shoulder, 
and which is of course covered by this portion of 
the garment. He says (§ 141) that the shoulder 
and the whole of the throat ought not to be co- 
vered, otherwise the dress will become narrow and 



TOGA. 

that dignity which consists in width of chest will be 
lost. This direction appears to mean that the part 
brought across the chest (velut balteus) should not 
be drawn too tight. 

Tassels or balls are seen attached to the ends of 
the toga, which may have served to keep it in its 
place by their weight, or may have been merely 
ornaments. 

There is one point which still remains to be ex- 
plained. In the figure a mass of folds is seen in 
the middle of the part of the toga drawn across the 
chest (velut balteus). This is the umbo mentioned 
by Tertullian (de Pallia, 5), and used by Persius 
for the toga itself (Sat. v. 33). It was either a 
portion of the balteus itself, formed by allowing this 
part of the garment to hang loose (which perhaps 
it must have done, as it is the curved, and there- 
fore longer edge that is thus drawn across the chest), 
and then gathering it up in folds and tucking these 
folds in, as in the figure, or else the folds which 
composed it were drawn out from the sinus, and 
either by themselves, or with the loose folds of the 
balteus, formed the umbo. It seems to have been 
secured by passing the end of it under the girdle 
of the tunic ; and perhaps this is what Quintilian 
means by the words (§ 140), " Subducenda etiam 
pars aliqua tunicae, ne ad lacertum in actu redeat." 

The back of the figure, which is not seen in our 
engravings, was simply covered with the part of 
the garment which was drawn across it, and which, 
in the ancient mode of wearing it, reached down to 
the heels. (Quintil. § 143). Quintilian states how 
low it was worn in his time, but the meaning of 
his words is very obscure (§ 139 : " pars ejus 
prior mediis cruribus optime terminatur, posterior 
eadem portione altius qua cinctura." See above). 

A garment of the supposed shape of the toga, 
put on according to the above description, has 
been found by the writer of this article to present 
an appearance exactly like that of the toga as seen 
on statues, and Becker states that he has made simi- 
lar experiments with equally satisfactory results. 

Tertullian (de Pallio, 5) con leasts the simplicity 
of the Pallium with the complication of^ the toga, 
and his remarks apply very well to the above de- 
scription. It appears by his account that the folds 
of the umbo were arranged before the dress was 
put on, and fixed in their places by pins or hooks ; 
but generally speaking it does not seem that the 
toga was held on by any fastening: indeed the 
contrary may be inferred from Quintilian 's direc- 
tions to an orator for the management of his toga 
while speaking (§§144 — 149). 

Another mode of wearing the toga was the 
cinctus Gabinus. It consisted in forming a part of 
the toga itself into a girdle, by drawing its outer 
edge round the body and tying it in a knot in 
front, and at the same time covering the head with 
another portion of the garment. It was worn by 
persons offering sacrifices (Liv. v. 46 ; Lucan. i. 
596), by the consul when he declared war (Virg. 
Aen. vii. 612), and by devoted persons, as in the 
case of Decius. (Liv. v. 46.) Its origin was 
Etruscan, as its name implies (Servius in Virg. I. c; 
Miiller, Etrusker, vol. i. p. 265; Thiersch in Annal. 
Acad. Bavar. vol. i. p. 29, quoted by Miiller, Annot. 
ad Festum, p. 225). Festus (I.e.) speaks of an army 
about to fight being girt with the cinctus Gabinus. 
Persons wearing this dress were said to be procineti 
(or incincti) cinctu (or ritu) Galiino. 

The colour of the toga worn by men (toga 



TOGA. 

cirilis) was generally white, that is, the natural 
colour of white wool. Hence it was called pura or 
vestimentum purum, in opposition to the praetexta 
mentioned below. A brighter white was given 
to the toga of candidates for offices (candidati from 
their toga Candida) by rubbing it with chalk. 
There is an allusion to this custom in the phrase 
cretata amljilio. (Pers. v. 177.) White togas are 
often mentioned as worn at festivals, which does 
not imply that they were not worn commonly, but 
that new or fresh -cleaned togas were first put on 
at festivals. (See Lipsius, Elect, i. 13, in Oper. vol. 

i. pp. 256, 257.) The toga was kept white and 
clean by the fuller [Fullo]. When this was 
neglected, the toga was called sordida, and those 
who wore such garments sordiduti. This dress 
(with disarranged hair and other marks of dis- 
order about the person), was worn by accused per- 
sons, as in the case of Cicero. (Plut. Cic. 30, 31 ; 
Dion Cass, xxxviii. 16 ; Liv. vi. 20.) The toga 
pulla, which was of the natural colour of black 
wool, was worn in private mourning, and some- 
times also by artificers and others of the lower 
orders. (See the passages in Forcellini, s. no. Pullus, 
Pullatus.) The toga picta, which wa3 ornamented 
with Phrygian embroidery, was worn by generals 
in triumphs [Triumpiius], and under the em- 
perors by the consuls, and by the praetors when 
they celebrated the games. It was also called 
Capitoliiia. (Laniprid. Alex. Sever, c. 40.) The 
toga palmata was a kind of toga picta. The 
toga praetexta had a broad purple border. It was 
worn with the Bulla, by children of both sexes. 
It was also worn by magistrates, both those of 
Rome, and those of the colonies and municipia, by 
the sacerdotes, and by persons engaged in sacred 
rites or paying vows. (Liv. xxxiv. 7 ; Festus, s. v. 
Praetexta pulla.) Among those who possessed the 
jus togae praetejetae habendae, the following may 
be more particularly mentioned : the dictator, the 
consuls, the praetors (who laid aside the praetexta 
when about to condemn a Roman citizen to death), 
the augurs (who, however, are supposed by some 
to have worn the trabea), the decemviri sacris 
faciundi- [Decemviri], the aediles, the triumviri 
cpulones, the senators on festival days (Cic. Phil. 

ii. 43), the magistri collegii, and the magistri 
vicorum when celebrating games. [M agister. ] 
In the case of the tribuni plebis, c nsors, and 
quaestors there is some doubt upon the subject. 
The praetexta pulla might only be worn at the 
celebration of a funeral. ( Festus. /. c.) 

The toga praetexta, as has been above remarked, 
is said to have been derived from the Etruscans. 
It is said to have been first adopted, with the latus 
clavus [Clavus LaTUS], by Tullus Hostilius as 
the roynl robe, whence its use by the magistrates 
in the republic. (Plin. // A r . ix."39. s. G3.) Ac- 
cording to Macrobius (Sat. i. 6) the toga intro- 
duced by Hostilius was not only jtraetcxta, but also 
picta. Pliny states (//. A r . viii. 48. s. 74) that the 
toga regia undulata (that is, apparently, embroi- 
dered with waving lines or bands) which had been 
worn by Scrvius Tullius was preserved in the tem- 
ple of Fortune. The toga praetexta and the bulla 
auren were first given to boys in the case of the 
son of Tarqnininj Priscus, who at the age of four- 
teen, in the Sabine war, slew an enemy with his 
own hand. (Mac-rub. (. c , where other |>articulara 
respecting the use of the toga praetexta may be 
found.) Respecting the leaving off of the toga 



TORCULUM. 1137 
praetexta and the assumption of the toga virilis, see 
Ihfubes, Bulla, Clavus Latus. The occasion 
was celebrated with great rejoicings by the friends 
of the youth, who attended him in a solemn pro- 
cession to the Forum and Capitol. (Valer. Max. v. 
4. § 4.) This assumption of the toga virilis was 
called tirocinium fori, as being the young man's 
introduction to public life, and the solemnities at- 
tending it are called by Pliny {Epist. i. 9) officium 
togae virilis, and by Tertullian (de Idolol. c. 16) 
solemnitates togae. The public ceremonies, con- 
nected with the assumption of the toga virilis by 
the sons of the emperors, are referred to by Sue- 
tonius (Oct. 26, Tib. 54, Calig. 16, A r er. 7)." The 
toga virilis is called libera by Ovid (Fasti, iii. 771). 
Girls wore the praetexta till their marriage. 

The trabea was a toga ornamented with purple 
horizontal stripes. Servius (ad Aen. vii. 612) men- 
tions three kinds of trabea ; one wholly of purple, 
which was sacred to the gods, another of purple 
and white, and another of purple and saffron, which 
belonged to augurs. The purple and white trabea 
was a royal robe, and is assigned to the Latin and 
earlv Roman kings, especially to Romulus. (Plin. 
H.N. viii. 49, ix. 39 ; Vug. Aen. vii. 187, xi. 334; 
Ovid. Past. ii. 504.) It was worn by the consuls 
in public solemnities, such as opening the temple 
of Janus. (Virg. Aen. viL 612; Claudian. in Rufin. 
i. 249.) The equitcs wore it at the transvectio and 
in other public solemnities. (Valer. Max. ii. 2 ; 
Tacit. Ann. iii. 2.) Hence the trabea is mentioned 
as the badge of the equestrian order. Lastly, the 
toga worn by the Roman emperors was wholly of 
purple. It appears to have been first assumed by 
Julius Caesar. (Cic. Philip, ii. 34.) 

The material of which the toga was commonly 
made was wool. It was sometimes thick and 
sometimes thin. The former was the toga densa, 
pinguis, or hirta. (Suet. Aug. 82 ; Quintil. xii. 10.) 
A new toga, with the nap neither worn off nor cut 
close, wa3 called pexa, to which is opposed the trita 
or rasa, which was used as a summer dress. (Mar- 
tial, ii. 85.) On the use of silk for togas see 
Sericum. 

It only remains to speak of the general use of 
the toga. It was originally worn by both sexes ; 
but when the stola came to be worn by matrons, 
the toga was only worn by the meretrices and by 
women who had been divorced on account of adul- 
tery. [Stola.] Before the use of the toga be- 
came almost restricted to the upper classes, their 
toga was only distinguished from that of the lower 
classes by being fuller and more expensive. In 
war it was laid aside and replaced by the Palu- 
damkntu.m and Sagum. Hence togatus is op- 
posed to miles. The toga was, however, sometimes 
used by soldiers, but not in battle, nor as their 
ordinary dress ; but rather as a cloak or blanket. 
It was chiefly worn in Rome, and hence togntus is 
opposed to ru>tirus. The toga was often used as a 
covering in sleeping ; and lastly, as a shroud for 
the corpse. 

(Becker, f! alius, ToL ii. pp. 78 — 88; Ferrarius, de 
He Vettiaria ; Rubenius, de Re Vest.) [ P. S,] 

TONSOR. [Bahba.] 

TOIMA'KII s. [Hoktub.] 

TORAIiIA. [Torus.] 

TO'IK I Ll'M or TO'KCl'LAR (\-nv6t), a 
press for making wine and oil. When the grapes 
were ripe (o-raipuKi\), the bunches were gathered, 
any which remained unripe (^(pa^) or had become 
4 o 



1138 



TORCULUM. 



TORMENTUM. 



dry or rotten were carefully removed (Geopon. vi. 
11) [Forfex], and the rest carried from the vine- 
yard in deep baskets (quali, Virg. Georg. ii. 241 : 
Ta\dpot, Hes. Scut. 296 ; appixoi, Longus, ii. 1 ; 
KCKpivoi, Geopon. I. c.) to be poured into a shallow 
vat. . In this they were immediately trodden by 
men, who had the lower part of their bodies naked 
(Virg. Georg. ii. 7), except that they wore drawers 
[Subligaculum]. At least two persons usually 
trod the grapes together. To " tread the wine- 
press alone " indicated desolation and distress. 
(Is. lxiii. 3.) The Egyptian paintings (Wilkinson, 
Man. and Cast, vol.ii. pp. 152 — 157) exhibit as many 
as seven treading in the same vat, and supporting 
themselves by taking hold of ropes or poles placed 
above their heads. From the size of the Greek 
and Roman vats there can be no doubt that the 
company of treaders was often still more numerous. 
To prevent confusion and to animate them in their 
labour they moved in time or danced, as is seen in 
the ancient mosaics of the church of St. Constantia 
at Rome, sometimes also leaning upon one another. 
The preceding circumstances are illustrated in the 
following woodcut, taken from a bas-relief. (Mon. 
Mattk. iii. tab. 45.) An antefixa in the British 
Museum (Combe, Anc. Terra-cottas, No. 59) shows 
a person by the side of the vat performing during 
this act on the scabeUum and tibiae pares, for the 
purpose of aiding and regulating the movements of 




those in it. Besides this instrumental music they 
were cheered with a song, called fieXos iwiX^vtou 
(Athen. v. p. 199, a.) or v/xvos emXfyios, specimens 
of which may be seen in Anacreon (Od. xvii. 1 and 
Hi. ; and Brunck, Anal. ii. 239. See Jacobs, ad loc.; 
compare Theocrit. vii. 25). After the grapes had 
been trodden sufficiently, they were subjected to 
the more powerful pressure of a thick and heavy 
beam [Prelum] for the purpose of obtaining all 
the juice yet remaining in them. (Vitrav. x. 1 ; 
Virg. Georg. ii. 242 ; Servius in loo. ; Hor. Carm. 
i. 20. 9.) Instead of a beam acted on by wedges, 
a press with a screw [Cochlea] was sometimes 
used for the same purpose. (Vitruv. vi. 6; Plin. 
H. N. xviii. 31. s. 74.) A strainer or colander 
[Colum] was employed to clear the must from 
solid particles, as it flowed from the vat. 

The preceding woodcut shows the apertures at 
the bottom of the vat, by which the must (mustum, 
yAevicos) was discharged, and the method of re- 
ceiving it, when the vat was small, in wide-mouthed 
jars, which when full were carried away to be emp- 
tied into casks (dolia, iriBol, Longus, ii. 1, 2). 
[Dohum.] When the vineyard was extensive 



and the vat large in proportion, the must flowed 
into another vat of corresponding size, which was 
sunk below the level of the ground, and therefore 
called tnro\7]vioy (Mark, xii. 1; Geopon. vi.l. 11), 
in Latin lacus. (Ovid. Fast. v. 888 ; Plin. Epist. ix. 
20; Colum. de Be Rust. xii. 18.) 

From Krivds Bacchus was called Lenaeus (Ajj- 
• valets'). The festival of the Lenaea was celebrated 
on the spot where the first Attic wine-press was 
said to have been constructed. [Dionysia.J 

Olives as well as grapes were subjected to the 
prelum for the sake of their oil. [OlEa, p. 826.] 

The building erected to contain all the vessels 
and other implements (torcula vasa, Varro, de Re 
Rust. iii. 2) for obtaining both wine and oil was 
called torcularium (Cato, de Re Rust. 12, 13, 18; 
Col. de Re Rust. xii. 18) and ATjve&v (Geopon. vi. 
1). It was situated near the kitchen and the 
wine-cellar. (Vitruv. vi. 6.) [J. Y.] 

TOREU'TICE. [Caelatura.] 

TORMENTUM [lupeTriptov vpyavov), a mili- 
tary engine. All the missiles used in war, except 
those thrown from the sling [Funda], are pro- 
jected either by the hand alone or with the aid. of 
elastic substances. Of elastic instruments the bow 
[Arcus] is still used by many nations. But the 
tormentum, so called from the twisting (torquendo) 
of hairs, thongs and vegetable fibres (Polyb. iv. 56), 
has fallen into disuse through the discovery of gun- 
powder. The word tormentum is often used by 
itself to denote engines of various kinds. (Cic. ad 
Fam. xv. 4 ; Caes. B. C. iii. 44, 45, B. Alex. 10; 
Liv. xx. 11 ; Veil. Pat. ii. 82 ; Curt. iv. 9. 16.) 
Often also these engines are specified separately 
under the names of Balistae and Catapultae, which 
names however most commonly occur together in 
the accounts of sieges and other military operations, 
because the two kinds of engines denoted by them 
were almost always used in conjunction. [Hele- 
polis.] The balista (irtTpoSSAos) was used to 
shoot stones (Ovid. Trist. i. 2. 48 ; Lucan, vi. 198; 
Non. Marc. p. 555, ed. Merceri), the catapulta 
(/ccn"cureAT7js, KaraireXTiKi]) to project darts, espe- 
cially the Falarica [Hasta], and a kind of mis- 
sile, 4£ feet long, called trifax. (Festus, s. «.) 
Whilst in besieging a city the ram [Aries] was 
employed in destroying the lower part of the wall, 
the balista was used to overthrow the battlements 
(propugnacula, Plaut. Bacch. iv. 4. 58 — 61 ; eiraA- 
f el's), and the catapult to shoot any of the besieged 
who appeared between them. (Diod. xvii. 42, 45, 
xx. 48, 88.) The forms of these machines being 
adapted to the objects which they were intended 
to throw, the catapult was long, the balista nearly 
square, which explains the following humourous 
enumeration by Plautus (Capt. iv. 2. 1 6) of the 
three jrqx ava U tne application of which has just 
been explained. 

" Meus est balista pugnus, cubitus catapulta est 
mihi, 
Humerus aries." 

In the same armament the number of catapults was 
commonly much greater than the number of balistae. 
(Non. Marc. p. 552, ed. Merceri ; Liv. xxvi. 47.) 
Also these two classes of machines were both of 
them distinguished into the greater and the less, 
the number of "the less" being much more con- 
siderable than the number of " the greater." When 
Carthago Nova, which had served the Carthaginians 
for an arsenal, was taken by the Romans, the fol- 



TORMEXTUM. 



TORMEXTUM. 



1139 



lowing were found in it : 120 large and 231 small 
catapults ; 23 large and 52 small balistae. (Liv. 
/. c.) Three sizes of the balista are mentioned by 
historians, viz. that which threw stones weighing 
half a hundred-weight (TpiaKovrafivaiovs \i8ovs, 
Polyb. ix. 34), a whole hundred-weight (balista 
centenaria,'Son. Marc. c. ; KidoSoKos TaAo^Tiaior, 
Polyb. I.e.; Diod. xx. 86), and three hundred- 
weight (irfrpoSoKos TpnaKavros, Diod. xx. 48). 
Besides these, Vitruvius (x. 11) mentions many 
other sizes, even down to the balista which threw 
a stone of only two pounds weight. In like manner 
catapults were denominated according to the length 
of the arrows emitted from them. (V'itruv. x. 10 ; 
Schneider, ad loc.) According to Josephus, who 
gives some remarkable instances of the destructive 
force of the balista, it threw stones to the distance 
of a quarter of a mile. (B. J. iii. 7. § 19, 23 ; 
comp. Procop. Bell. Goth. i. 21, 23.) Neither from 
the descriptions of authors nor from the figures on 
the column of Trajan (Bartoli, Col. Traj. tab. 45 — 
47) are we able to form any exact idea of the 
construction of these engines. Still less are we 
informed on the subject of the Scorpio or Onager, 
which was also a tormentum. (Vitrnv. x. 10; Liv. 
xxvi. 6, 47; Amm. Marcell. xx. 7, xxiii. 4.) Even 
the terms balista and catapulta are confounded by 
writers subsequent to Julius Caesar, and Diodorus 
Siculus often uses KarairtAT7)s to include both ba- 
listae and catapults, distinguishing them by the 
epithets wtrpoGoKoi and o£u§eAfTs (xiii. 51, xx. 48, 
83, 86, xxi. 4). 

The various kinds of tormenta appear to have 
been invented shortly before the time of Alexander 
the Great. When horse-hair and other materials 
failed, the women in several instances cut off their 
own hair and twisted it into ropes for the engines. 
(Caes. B.C. iii. 9; Veget. de Re Mil. it. 9.) 
These machines, with those who had the manage- 
ment of them, and who were called bulislarii and 
ivpfTai (Polyb. iv. 56), were drawn up in the rear 
of an advancing army, so as to throw over the heads 
of the front ranks. In order to attack a maritime 
city, they were carried on the decks of vessels 
constructed for the purpose. (Diod. xx. 83 — 80 ; 
Tacit. Ann. ii. 6.) 

The meaning of tormentwn as applied to the 
cordage of ships is explained on p. 790, a. [J.Y.] 

TORMEXTUM (Pdaavos), torture. 1. Greek. 
By a decree of Scamandrius it was ordained that 
no free Athenian could be put to the torture (An- 
doc. de Mijst. 22 ; compare Lys. Wtpl rpavix. 177, 
c. Agorut. 462); and this appears to have been the 
general practice, notwithstanding the assertion of 
Cicero (Part. Oral. c. 34) to tin- contrary ''/•■ // - 
stitutis A Oieniensium, Uhmliorum — apud t/uos Wieri 
cicest/ue torr/uentur). The only two apparent ex- 
ceptions to this practice are mentioned by Antiphon 
(de Herod, coed. 729) and Lysias (c. Simon. 153). 
But, in the case mentioned by Antiphon, Biickh 
has shown that the torture was not applied at 
Athens, but in a foreign country; and in Lysiao, 
as it is a Plataean boy that is spoken of, we have 
no occasion to conclude that lie was an Athenian 
citizen, since we learn from Demosthenes (c. 
Seaer. 1381) that all Platocana were not neces- 
sarily Athenian citizens. It must, however, be 
observed that the decree of Scamandrius does not 
appear to have interdicted the use of torture as a 
means of execution, since we find Demosthenes (de 
Cor. 271) reminding the judges that they had put 



Antiphon to death by the rack (o-Tpt§\rfi<javTc.s). 
Compare Plut. Phoc. c. 35. 

The evidence of slaves was, however, always 
taken with torture, and their testimony was not 
otherwise received. (Antiph. Tetral. i. p. 633.) 
From this circumstance their testimony appears to 
have been considered of more value than that of 
freemen. Thus Isaeus (De Ciron. Hered. 202) 
says, " When slaves and freemen are at hand, 
you do not make use of the testimony of freemen; 
but, putting slaves to the torture, you thus en- 
deavour to find out the truth of what has been 
done." Numerous passages of a similar nature 
might easily be produced from the orators. (Comp. 
Demosth. c. Onetor. L p. 874 ; Antiphon, De 
Choreut. 778 ; Lycurg. c. Leocr. 159 — 162.) Any 
person might offer his own slave to be examined 
by torture, or demand that of his adversary, and 
the offer or demand was equally called vpoK\-nais 
cis fiaiavov. If the opponent refused to give up 
his slave to be thus examined, such a refusal was 
looked upon as a strong presumption against him. 
The np6K\t]ais appears to have been generally 
made in writing (Demosth. c. Pantaen. 978), and 
to have been delivered to the opponent in the 
presence of witnesses in the most frequented part of 
the Agora (Demosth. c. Apholi. iii. 848) ; and as 
there were several modes of torture, the particular 
one to he employed was usually specified (De- 
mosth. c. Steph. i. 1120). Sometimes, when a 
person offered his slave for torture, he gave his 
opponent the liberty of adopting any mode of tor- 
ture which the latter pleased. (Antiph. De Cho- 
reut. 777.) The parties interested either super- 
intended the torture themselves, or chose certain 
persons for this purpose, hence called fiaaaviarol, 
who took the evidence of the slaves (i\6pevoi 
8a.aain<jTas, Inr-qvTTioantv (is rb 'Hipao-reiov, Isocr. 
Trap. c. 9 ; compare Demosth. c. Pantaen. 978, 
979 ; Antiph. Karrfyopia QappiaK. 609). In 
some cases, however, we find a public slave at- 
tached to the court, who administered the torture 
( irapio~Tai 8* f)Sri b h-npios, Ka\ fiacravtu ivavr'tov 
iinwv, Aesch. De Leg. 284, ed. TayL) ; but this 
appears only to have taken place when the torture 
was administered in the court, in presence of the 
judges. (Aesch. I.e.; Demosth. c. Euerg. 1144.) 
This particular mode of administering the torture 
was, however, certainly contrary to the usual practice 
(f3ao-avi(ttv ovk tariv ivavr'wv vpiiv, Demosth. c. 
Steph. i. 1 106). The general practice was to read 
at the trial the depositions of the slaves, which 
were called fiaaavul (llarpocr. Suid. I.e.; Demosth. 
e. Nicoitrat. 1254), and to confirm them by the 
testimony of those who were present at the ad- 
ministration of the torture. (Meier, Att. Process, 
p. 680, &c.) 

2. Roman. During the time of the republic, 
freemen were never put to the torture, and slaves 
only were exposed to this punishment Slaves, 
moreover, could not be tortured to prove the guilt 
of their own master, except in the case of incestus, 
which was a crime against the gods, or unless the 
senate made an exception in some special instance, as 
was done in the Catilinarian conspiracy. (Cic. pro 
Mil. 22j0fO Dtiot I, Part. Oral. 34 ;" Dion Cass, 
lv. 5 ; Tac. Ann. ii. 30, iii. 67; Dig. 48. tit. 18. 
s. 1. § 16.) At a later time slaves might be tor- 
tured to bear witness against their masters in cases 
of majestos (Cod. 9. tit. 8. ss. 6, 7) and adultery. 
(Dig. 48. tit. 18. s. 17 ; Cod. 9. tit 9. ss. 3, 6, 
4 u 2 



1140 TORQUES. 

32.) Under the emperors even free persons were 
put to the torture to extract evidence from them in 
cases of majestas ; and although this indignity was 
confined for the most part to persons in humble 
circumstances, we read of cases in which even 
Roman senators and equites were exposed to it. 
(Dion Cass. Ix. 15; Suet. Tib. 58; Dig. 48. tit.. 18. 
s. 10. § 1.) For further information see Dig. 48. 
tit. 1 8, De Quaestionibus ; Walter, Geschichte des 
Romischen Rechts, pp. 875, 876, Isted.; Rein, Das 
Criminalrecht der Romer, p. 542. 

TORQUES or TORQUIS {crrp^rSs), an or- 
nament of gold, twisted spirally and bent into a 
circular form, which was worn round the neck by 
men of distinction among the Persians (Curt. iii. 3 ; 
Themist. Orat. 24, p. 306, a), the Gauls (Florus, 
i. 13, ii. 4), and other Asiatic and northern na- 
tions. (Isid. Orig. xix. 30.) Tore was the name of 
it among the Britons and ancient Irish. Virgil 
{Aen. v. 558, 559) thus describes it as part of the 
attire of the Trojan youths : 

" It pectore summo 
Flexilis obtorti per collum circulus auri." 
Ornaments of this kind have been frequently 
found both in France and in many parts of Great 
Britain and Ireland (Petrie, Trans, of R. Irish 
Acad. vol. xviii.; Antiq.pp. 181 — 184), varying in 
size and weight, but almost always of the form ex- 
hibited in the annexed woodcut, which represents 
a torquis found in Brecknockshire, and now pre- 
served in the British Museum. The same wood- 
cut contains a section of this torquis of the size of 
the original. It shows, as Mr. Petrie observes con- 
cerning some found in the county of Meath, " four 
equidistant radiations from a common centre." The 
torquis in the British Museum is four feet and a 
half in length. Its hooks correspond well to the 
following description of the fall of a Celtic warrior: 
" Torquis ab incisa decidit unca gula." (Propert. 
iv. 10. 44.) A torquis, which instead of being 
bent into a circular form was turned into a spiral, 
became a bracelet, as is shown in the lowest figure 
of the woodcut to Armilla. A torquis contrived 
to answer this purpose, is called torquis brachialis. 
(Vopisc. Aurel. 7.) Such bracelets and torques 
are often found together, having been worn by the 
same people. 




The head in the preceding woodcut is that of a 
Persian warrior in the mosaic of the battle of Issus, 
mentioned in p. 431. It illustrates the mode of 
wearing the torquis, which in this instance ter- 



TRAGQEDIA. 

minates in two serpents' heads instead of hooks. It 
was by taking this collar from a Gallic warrior that 
T. Manlius obtained the cognomen of Torquatus. 
(Cic. de Fin. ii. 22, de Off. iii. 31 ; Gellius, ix. 13; 
Non. Marc. pp. 227, 228, ed. Merceri.) 

Torques, whether in the form of collars or brace- 
lets, no doubt formed a considerable part of the 
wealth of those who wore them. Hence they 
were an important portion of the spoil, when any 
Celtic or Oriental army was conquered, and they 
were among the rewards of valour bestowed after 
an engagement upon those who had most distin- 
guished themselves. (Juv. xvi. 60 ; Plin. H. N. 
xxxiii. 2. s. 10 ; Sidon. Apollin. Cann. xxiii. 424.) 
The monuments erected to commemorate Roman 
soldiers and to enumerate the honours which they 
had obtained, often mention the number of torques 
conferred upon them. (Maffei, Mus. Venn. p. 218.) 
[Phalera.] [J. Y.] 

TORUS, a bed ; originally made of straw 
(Plin. H. N. viii. 48. s. 73), hay, leaves, woolly 
plants (Mart. xiv. 160, 162), sea- weed {de mol- 
libus ulvis, Ovid. Met. viii. 656), also stuffed with 
wool, and afterwards with feathers (xi. 611), or 
swans-down (Mart. xiv. 161), so as to be as much 
raised and as soft as possible. (Virg. Aen. vi. 603; 
Ovid. Amor. ii. 4. 14.) It was sometimes covered 
with the hide of a quadruped (Virg. Aen. viii. 177), 
but more commonly with sheets or blankets, called 
Toralia. (Hor. Sat. ii. 4. 84, Epist. i. 5. 22.) The 
torus may be observed on the sopha in the first 
woodcut, p. 308 ; and its appearance there may 
suffice to explain the transference of its name to 
the larger semi-circular mouldings in the base of 
columns. [Atticurges ; Spira.] [J. Y.] 

TO'XOTAE (To^rai). [Demosii.] 

TRA'BEA. [Toga.] 

TRADI'TIO. [Dominium.] 

TRAG0E / DIA(T P a7aiSi'a), tragedy. I.Greek. 
The tragedy of the ancient Greeks as well as their 
comedy confessedly originated in the worship of 
the god Dionysus. It is proposed in this article (1) 
to explain from what element of that worship 
Tragedy took its rise, and (2) to trace the course 
of its developement, till it reached its perfect form 
and character in the drama of the Attic tragedians, 
Aeschylus, Sophocles, and Euripides. 

The peculiarity which most strikingly distin- 
guishes the Greek tragedy from that of modern 
times, is the lyrical or choral part. This was the 
offspring of the dithyrambic and choral odes from 
which, as applied to the worship of Dionysus, 
Greek tragedy took its rise. This worship, we 
may observe, was of a twofold character, corre- 
sponding to the different conceptions which were 
anciently entertained of Dionysus as the change- 
able God of flourishing, decaying, or renovated 
nature, and the various fortunes to which in that 
character he was considered to be subject at the 
different seasons of the year. Hence Miiller ob- 
serves {Lit. of Greece, p. 288), " the festivals of 
Dionysus at Athens and elsewhere were all solem- 
nized in the months nearest to the shortest day, 
coincidently with the changes going on in the 
course of nature, and by which his worshippers 
conceived the god himself to be affected." His 
mournful or joyous fortunes (ira07)), his mystical 
death, symbolizing the death of all vegetation in 
winter, and his birth (Plat, de Leg. iii. p. 700 ; 
Proclus in Gaisford's Hephaest. p. 383), indi- 
cating the renovation of all nature in the spring, 



TRAGOEDIA. 



TRAGOEDIA. 



1141 



and his struggles in passing from one state to 
another, were not only represented and sym- 
pathised in by the Dithyrambic singers and dan- 
cers, but they also carried their enthusiasm so far, 
as to fancy themselves under the influence of the 
same events as the god himself, and in their at- 
tempts to identify themselves with him and his 
fortunes, assumed the character of the subordinate 
divinities, the Satyrs, Nymphs, and Panes (Xt/m- 
pharumque leves cum Satyris cliori), who formed the 
mythological train of the god. Hence, as is ex- 
plained under Dionvsia (p. 410, b), arose the 
custom of the disguise of Satyrs being taken by the 
worshippers at the festivals of Dionysus, from the 
choral songs and dances of whom the Grecian tra- 
gedy originated, " being from its commencement 
connected with the public rejoicings and ceremo- 
nies of Dionysus in cities, while comedy was more 
a sport and merriment of the country festivals." In 
fact the very name of Tragedy (rpiryySta), far from 
signifying anything mournful or pathetic, is most 
probably derived from the goatlike appearance of 
the Satyrs who sang or acted with mimetic gesticula- 
tions (opxi'm) the old Bacchic songs, with Silenus, 
the constant companion of Dionysus, for their leader. 
(Bode, Cesch. d. Hellen. Di c h On tn t t , vol. iii. p. 31.) 
From their resemblance in dress and action to goats, 
they were sometimes called rpdyoi, and their song 
TpayifSta. Thus Aeschylus in a fragment of the 
Prometheus- Ilvp<p6pot calls a Satyr Tpdyos, and 
the Satyric chorus in the Cyclops of Euripides 
(1. 80) appears in the skin of a goat (x Ka ' va 
rpdyov). The word Xdrvpos also is apparently 
the game as r'trvpos, a kind of goat. (Phot. Lex. 
». v.) According to another opinion, the " word 
Tragedy was first coined from the goat that was 
the prize of it, which prize was first constituted in 
Thespis' time." (Bentley, Phalar. p. 249.) This 
derivation, however, as well as another, connecting 
it with the goat offered on the altar of Bacchus 
(Miiller, Literal, of Greece, p. 291), around which 
the chorus sang, is not equally supported either by 
the etymological principles of the language, or the 
analogous instance of Kuiuyola, the " revel-song." 
(JCtt/inol. Miu/n. p. 764 ; Eurip. liacch. 1,'Jl; Aelian, 
V. 11. iii. 40.) 

But the Dionysian dithyrambs were not always 
of a gay and joyous character : they were capable 
of expressing the extremes of sadness aud wild 
lamentation as well as the enthusiasm of joy ; and 
it was from the Dithyrambic songs of a mournful 
cast, probably sung originally in the winter months, 
that the stately and solemn tragedy of the Greeks 
arose. That there were Dithyrambs of such a 
character, expressive of the suffcrincs of Dionysus 
(t4 toC Aiovvdou irdBrj), appears from the state- 
ment in Herodotus (v. 67), that at Sicyon in the 
time of Clisthenes (u. c. 600) it was customary to 
celebrate (ytpaiptiv) the sufferings of that god with 
" tragic choruses." But it must be remarked that 
in the most ancient times the Dithyrambic song 
was not executed by a regular chorus. Thus 
Archilochus says in Trochaic verse, " I know how 
when my mind is inflamed with wine to lead off 
th>' Dithyramb, the beautiful song of Dionysus," 
whence we may infer that in his time (n. c. 700) 
the Dithyramb was sung by a band of revellers led 
by a tlutc-player. Lyrical choruses, indeed, had 
been even then established, especially in the Dorian 
states of Greece, in connection with the worship of 
Apollo, the cithara or <p6p/iiyi being the instrument 



to which the choreutae sang and danced. (Miiller, 
Literal, of Greece, p. 204 ; Dorians, iv. 7. § 8.) 
In fact the connection of the Dorian choral poetry 
with the worship of Apollo, the direct opposite to 
that of Dionysus, and its consequent subjection to 
established rules and forms, admitting too, from 
the Dorian character but little innovation, affords 
the most obvious explanation of the striking cir- 
cumstance that nothing decidedly dramatic sprang 
from it, as from the dithyrambic performances. 
(Bode, p. 16.) Still there were some points in 
which the Dorian worship of Apollo resembled 
that of Dionysus, e.g. the dances with which the 
former god was honoured, and the kind of mimicry 
which characterised them. Other circumstances 
also, on which we cannot here dwell, would pro- 
bably facilitate the introduction of the Dionysian 
Dithyramb amongst the Dorian states, especially 
after the improvements made in it by Arion (b. c. 
600), which were so great, that even the invention 
of that species of poetry is ascribed to him, though 
it had been known in Greece for a century before 
his time. The worship of Dionysus was celebrated 
at his native place, Methymnae in Lesbos, with 
music and orgiastic rites ; and as Arion travelled 
extensively in the Dorian states of Hellas, he had 
ample opportunities of observing the varieties of 
choral worship, and of introducing any improve- 
ments which he might wish to make in it. (Bode, 
p. 22.) He is said to have been the inventor of 
the " tragic turn " (TpayiKov Tp/mov), a phrase of 
doubtful signification, but which seems to mean, that 
he was the inventor of a grave and solemn style of 
music, to which his Dithyrambs were danced and 
sung. (Hermann, Opusc. vol. vii. p. 21 6.) Suidas 
(s.v.) addsot him, \4y€Tai koI trpwros \opbv arricrai, 
Kai Oidvpa/xSov aaat ko! ovo/idirat to dSoatyof virb 
tov x°P "' Ka ^ 2aTvpovs tioeveyKtiv i^tTpa. \4- 
ynv-ra.%. From the first clause, in connection with 
other authorities (Schol. in Aristoph. Aves, 1403), 
we learn that he introduced the cyclic chorus (a 
fact mythologically expressed by making him the 
son of Cycleus) ; I. e. the Dithyramb, instead of 
being sung as before his time in a wild irregular 
manner, was danced by a chorus of fifty men 
around a blazing altar ; whence in the time of 
Aristophanes, a dithyrambic poet and a teacher of 
cyclian chonises were nearly synonymous. (Miiller, 
p. 204.) As the alteration was made at Corinth, 
we may suppose that the representation of the 
Dithyrambic was assimilated in some respects to 
that of the Dorian choral odes. The clause to the 
effect that Arion introduced Satyrs, i. e. Tpdyoi, 
speaking in verse {trochaic), is by some thought 
another expression for the invention of the 14 tra- 
gic style." A simpler interpretation is, that he 
introduced the Satyrs as an addition and contrast 
to the dance and song of the cyclic chorus of the 
Dithyramb, thus preserving, to it its old character 
as a part of the worship of Bacchus. The phrase 
ovafidaai (compare Herod, i. 23) alludes to tho 
different titles given by him to his different Dithy- 
rambs according to their subjects, for we need not 

■><■!•: that they all related directly to Bacchus. 

I U'elcker, NaeUna, p. 233.) As he was the first 
eithara player of his age (Herod, i. 23), it is pro- 
bable that he made the lyre the principal instru- 
ment in the musical accnni|>animeiit. 

From the more solemn Dithyrambs then, as im- 
proved by Arion, with the company of Satvrs, who 
probably kept up a joking dialogue, ultimately 
4 D 3 



1142 TRAGOEDIA. 



TRAGOEDIA. 



sprang the dramatic tragedy of Athens, somewhat 
in the following manner. The choruses which 
represented them were under the direction of a 
leader or exarchus, who, it may tie supposed, came 
forward separately, and whose part was sometimes 
taken by the poet himself. (Plato, Rep. iii. p. 394, 
c.) We may also conjecture that the exarchus in 
each case led off by singing or reciting his part in 
a solo, and that the chorus dancing round the altar 
then expressed their feelings of joy or sorrow at 
his story, representing the perils and sufferings 
of Dionysus, or some hero, as it might be. Ac- 
cordingly some scholars have recognized in such 
choral songs, or in a proximate deviation from 
them, what has been called a " lyrical tragedy," 
performed without actors distinct from the chorus, 
and conceived to be a transition step between the 
Dithyramb and the dramatic Tragedy. The title, 
however, does not occur in ancient writers, and 
therefore, if it means anything, can only refer to re- 
presentations of the character we have just ascribed 
to the Dithyrambs of Arion, modified from time to 
time, according to circumstances or the fancy of 
the writer. That the names rpdyuS'ta and -rpayip- 
Sos are applied, indeed, to works and writers before 
the time of Thespis, and that the " tragedy " of 
that age was entirely choral, without any regular 
formal dialogue, is evident from many autho- 
rities. Thus Athenaeus (xiv. p. 630, c), ob- 
serves that the whole satyrical poetry formerly 
consisted of choruses, as did the " tragedy " of old 
times (ri -roVe rpayifbia). Again, Diogenes Laer- 
tius (iii. 56) states that formerly the chorus alone 
acted (SieSpa^taTiXec) or performed a drama, on 
which Hermann ( Opusc. iii. 218) observes, "after 
the Dithyramb was sung, some of the chorus in 
the guise of Satyrs came forward and impro- 
vised some ludicrous stories ; but in exhibitions 
of this sort," he adds, " we see rather dramaticae 
tragoediae initia, quam ullum lyrici cujusdam 
generis vestigium." Lyric poets also seem to have 
been spoken of as Tragedians ; thus according to 
Suidas (s. v.) Pindar wrote 17 Spa.fi.ara rpaymd 
(" but not lyrical tragedies," Hermann, c), and 
Simonides of Ceos wrote tragedies, or a tragedy, 
as some manuscripts have it. But whatever may 
be inferred from this, it only proves that Dithy- 
rambic poets were also called Tragedians, just as 
in the Scholia on Aristophanes (Plut. 290) a writer 
is described as SiBupafj-Soiroibs i) TpayipSibaGnaXos. 
For the arguments on both sides see Hermann, 
I. c. ; and Bdckh on the Orchomenian Inscriptions. 
(Greek Theatre, p. 28.) 

The choral Dithyrambic songs, accompanied with 
mimetic action (the lyrical tragedy ?), prevailed to 
some extent, as all choral poetry did, amongst the 
Dorians of the Peloponnesus (Mliller, Dorians, ii. 
10. § 6) ; whence their derivative, the choral ele- 
ment of the Attic tragedy, was always written in 
the Dorian dialect, thus showing its origin. The 
lyrical poetry was, however, especially popular at 
Sicyon and in Corinth. In the latter city Arion 
made his improvements ; in the former "tragic 
choruses," i. e. dithyrambs of a sad and plaintive 
character, were very ancient (Herod, v. 67 ; 
Welcker, Nacldrag, p. 235), and the Sicyonians 
are also said to have been the inventors of the 
Tpaycpfiia (rpaywdias svpzrai fxtv ^.ikvwvioi, re- 
Atcriovpyol 5e 'KttikoI iroiy]Tai, Themist. xxvii. 
p. 406, Dindorf ) ; but of course this can only 
mean, that the dramatic tragedy was a derivative, 



through many changes, of the old satyrical Tpayy- 
Sia, i. e. of the songs sung with mimetic dancing by 
the goatlike Satyrs, or as others would say, round 
the altar, on which lay the burnt sacrifice of a 
goat. It appears then that there is a good and in- 
telligible foundation for the claims which, accord- 
ing to Aristotle (Poet. iii. 3), were made by the 
Peloponnesians, and especially by the Sicyonians, 
to the invention of " tragedy," understanding by it 
a choral performance, such as has been described 
above. Now the subjects of this Dithyrambic 
tragedy were not always, even in ancient times, 
confined to Dionysus. Even Arion wrote Dithy- 
rambs, lelating to different heroes (Herod, i. 23), 
a practice in which he was followed by succeeding 
poets, who wrote Dithyramb-like odes (whence 
they were classed amongst the rpayiKol 7roir)Toi), 
which they called Centaurs, Ajaces, or Memnons, 
as it might be. (Zenob. v. 40.) Thus, Epigenes 
the Sicyonian is said to have written a tragedy, 
i. e. a piece of dithyrambic poetry on a subject un- 
connected with Dionysus, which was consequently 
received with the cry of ovfizv wpbs rbv Aiivvcrov, 
or "this ha3 nothing to do with Bacchus." 
(Apostolius, xv. 13.) If this anecdote be true, 
and Epigenes preceded Arion, the introduction of 
the Satyrs into the Dithyrambic chorus by the 
latter, may possibly have been meant to satisfy the 
wishes of the people ; but whether it was so or 
not, there is scarcely any doubt that from the time 
of Arion, the tragic dithyramb gradually became 
less satyrical and sportive in its character, till the 
creation of the independent Satyric drama and the 
Attic dramatic tragedy. (Bode, p. 23.) 

As to the steps by which this was effected, 
Aristotle (Poet. iv. 14) says, "Tragedy was at the 
first an extemporaneous effusion (an apxv s avro- 
(TxeSiacTTiKr]), and was derived dirb ray QapxAv- 
Twv t6c AtBvpa/xSou, i. e. from the leaders or the 
chief singers of the Dithyramb, who probably sang 
or recited their parts in the trochaic metre, while 
the main body of the ode was written in irregular 
verse. It is easy to conceive how the introduction 
of an actor or speaker independent of the chorus 
might have been suggested by the exarchs or cory- 
phaei coming forward separately and making short 
off-hand speeches (Welcker, Nachtrag, p. 228), 
whether learnt by heart beforehand, or made on 
the spur of the moment. [Chorus.] But it 
is also possible, if not probable, that it was sug- 
gested by the rhapsodical recitations of the epic 
and gnomic poets formerly prevalent in Greece : 
the gnomic poetry being generally written in 
Iambic verse, the metre of the Attic dialogue, and 
which Aristotle (Poet. 4) says was used by Homer 
in his Margites, though its invention is commonly 
ascribed to Archilochus. In fact the rhapsodists 
themselves are sometimes spoken of as actors 
(invoKpiral) of the pieces they recited, which they 
are also said to act (vnoKpwao-Bai, Athen. xiv. p. 
629, d ; Muller, Literature, &c, p. 34). But if 
two or more rhapsodes were called upon to go 
through an episode of a poem, a regulation which 
obtained at the Panathenaea, and attributed to 
Solon or Hipparchus (Wolf, Proleg. p. 97 ; Plato, 
Hippar. p. 228), it is clear that they would pre- 
sent much of a dramatic dialogue. In fact (Bode, 
p. 6) the principal scenes of the whole Iliad 
might in this way have been represented as 
parts of a drama. These recitations then being so 
common, it was natural to combine with the re- 



TRAGOEDIA. 



TRAGOEDIA. 



1143 



presentation of the Dithyramb, itself a mixture of 
recitative and choral song, the additional element 
of the dialogue, written in Iambic verse, a measure 
suggested perhaps by the gnomic poetry, and used 
by Solon about the time of the origin of the dia- 
logue (Solon, Frag. 28, Gaisford), more especially 
as it is the most colloquial of all Greek metres 
(KtHTtubv) and that into which common conversa- 
tion most readily falls. It is indeed only a con- 
jecture that the dialogue or the Ionian element of 
Attic tragedy was connected with the rhapsodical 
recitations, but it is confirmed by the fact that 
Homeric rhapsodes were common at Sicyon (Herod, 
v. 67), the cradle of the Dorian tragedy, and also 
at Brauron in Attica, where the worship of Diony- 
sus existed from ancient times. (Hesych. s. v. 
Bpavpwvtois.) This however is certain, that the 
union of the Iambic dialogue with the lyrical 
chorus took place at Athens under Peisistratus, and 
that it was attributed to Thespis, a native of 
Icarus, one of the country denies or parishes of 
Attica where the worship of Dionysus had long 
prevailed. The introduction of this worship into 
Attica, with its appropriate choruses, seems to have 
been partly owing to the commands of the Dorian 
oracle (Dem. c. Mid. p. 531), in very early times. 
Thus it is stated (Plato, Minos, p. 321 ; Plut. Sol. 
29), that tragedy (i. e. the old Dithyrambic and 
Satyrical tragedy) was very ancient in Attica, and 
did not originate with Thespis or his cotempora- 
ries. This alteration made by him, and which 
pave to the old tragedy {^LfyoyAvav twv -ntpl 
Qioirtv ^87) T7)f TpayipSiav Kivtiv) a new and dra- 
matic character (making it an iynotum tragicae 
genus. Hot. Art. I'oet. 275), was very simple but 
very important. He introduced an actor, as it is 
recorded, for the sake of giving rest to the chorus 
(Diog. Laert. iii. 50) and independent of it, in 
which capacity he probably appeared himself (Plut. 
Sol. 29), taking various parts in the same piece, 
under various disguises, which he was enabled to 
assume by means of the linen masks, the invention 
of which is attributed to him. Now as a chorus, 
by means of its leader, could maintain a dialogue 
with the actor, it is easy to see how with one 
actor only ** a dramatic action might be introduced, 
continued, and concluded, by the speeches between 
the choral songs expressive of the joy or sorrow of 
the chorus at the various events of the drama." 
Thus M tiller observes that in the play of Pentheus, 
supposed to have been composed by Thespis, " a 
single actor might appear successively as Dionysus, 
Pentheus, a messenger. Agave the mother of Pen- 
theus, and in these characters express designs and 
intentions, or relate events which could not be re- 
presented, as the murder of Pentheus by his 
mother: by which means he would represent the 
substance of the fable as it appears in the Bacchae 
of Euripides." (MUHcr, p. 29 ; Bode, p. 57.) 
With respect to the character of the drama of 
Thespis there has been much dnubt: some writers, 
and especially Bentley (Phalar. p. 218), have 
maintained that his plays were all satyrical and 
ludicrous, i.e. the plot of them was some story of 
Bacchus, the chorus consisted principally of satyrs, 
and the argument was merry — an opinion indeed 
which is supported by the fact that in the early 
part of his time, the satyric drama had not ac- 
quired a distinctive character. It may also appear 
to be confirmed by the statement (Anstot Port, 4) 
that at first the Tragedians made use of the tro- 



chaic tetrameter, as being better suited to the 
satyrical and saltatorial nature of their pieces. 
But perhaps the truth is that in the early part of 
his career Thespis retained the satyrical character 
of the older tragedy, but afterwards inclined to 
more serious compositions, which would almost 
oblige him to discard the Satyrs from his choruses. 
That he did write serious dramas is intimated by 
the titles of the plays ascribed to him, as well as 
by the character of the fragments of Iambic verse 
quoted by Plutarch as his (Bentley, Phalar. p. 
214), and which even if they are forgeries of 
Heraclides Ponticus, at least prove what was the 
opinion of a scholar of Aristotle on the subject. 
Besides the assertion that Sophocles (Suidas, t'n 
cit.) wrote against the chorus of Thespis seems to 
show that there was some similarity of character 
between the productions of the two poets. (Bode, 
p. 47.) A summary of the arguments in favour 
of the serious character of the tragedy of Thespis 
is given by Welcker (Xachtrag, pp. 257 — 27 G). 
The invention of the prologus and rhesis of tragedy 
(an expression clearly in some measure identical 
with the introduction of an actor) is also ascribed 
to Thespis by Aristotle. (Thmnist. p. 382, ed. 
Dind.) By the former word is meant the first 
speech of the actor (Aristot. Pod. 12), or the 
prooemium with which he opened the piece ; the 
chorus then sang the first ode or 7rdpo5os, after 
which came the jrxjats or dialogue between the 
actor and the principal chorcutae. The invention 
of this dialogue is also alluded to in the phrase 
Ae'^fto? Si yevofitVTjs, (Id. 4.) It is evident that 
the introduction of the dialogue must also have 
caused an alteration in the arrangement of the 
chorus, which could not remain cyclic or circular, 
but must have been drawn up in a rectangular 
form about the thymele or altar of Bacchus in 
front of the actor, who was elevated on a platftirm 
or table (iK(6s), the forerunner of the stage. Tho 
statement in Pollux (iv. 123), that this was the 
case before Thespis seems incorrect. (Welcker, 
Nachtrag, p. 268.) If we are right in our notion 
of the general character of the Thespian drama, 
the phrase ovb"tv irphs Aiovvoov, which was cer- 
tainly used in his time, was first applied to his 
plays at Athens, as being unconnected with the 
fortunes of Dionysus, and as deviations from the 
HiKpol fiuBoi Kal Af{is ytKo'ia. of his predecessors. 
Plutarch however (Sym)>. i. 5) supposes that its 
first application was later: he says " when Phryni- 
chus and Aeschylus continued to elevate tragedy 
to legends and talcs of sufferings (flf niSovs koX 
■ndB-n irpoaryovTwy), the people missing and regret- 
ting the old Satyric chorus, said, " What is this to 
Bacchus? " Hence the expression was used to sig- 
nify what was mal-a-propos, or beside the ques- 
tion. 

The reader may have observed that we have not 
noticed the lines of Horace (Ar. Port. 276) : 

" Dicitur et plaustris vexisse pnemata Thespis, 
Quae cam-rent agercntque peruncti faecibus ora." 

The fact is that they nre founded on a misconcep- 
tion of the origin of the Attic tragedy, and that the 
tale about the wagons of Thespis probably arose out 
of a confusion of the wagon of the comedian Susarion 
with the plnlj'unn of the- Thespian actor. The first 
representation of Thespis was in n. u 535. His 
immediate successors were the Athenian Choerilus 
and Phrynichus, the former of whom represented 
4 D 4 



1144 



TRAGOEDIA. 



TRAGOEDIA. 



plays as early as b. c. 524. He is said by Suidas 
to have written ISO pieces : from the title of one 
of them, the " Alope," its subject seems to have 
been a legend of Attic origin. (Paus. i. 14. § 3 ; 
Bode, p. 60.) That he excelled in the Satyrical 
drama invented by Pratinas, is indicated by the 
line of an unknown author, 

'Rv'iKa jj.lv jSainAeus l\v XoiplAos iv Sarupois, 

and if he wrote anything like the number of dra- 
mas ascribed to him, it is also evident that the 
custom of contending with Tetralogies must have 
been of early origin, for there were only two dra- 
matic festivals during the year. 

Phrynichus was a pupil of Thespis, and gained 
his first victory in the dramatic contests B.C. 511. 
In his works, the lyric or choral element still pre- 
dominated over the dramatic, and he was distin- 
guished for the sweetness of his melodies, which 
in the time of the Peloponnesian war were very 
popular with the admirers of the old style of music. 
The esteem in which his " ambrosial songs " were 
then held is shown in several passages of Aristo- 
phanes (Aves, 748, Tkesm. 164), and in the line 
(Vesp. 219) where the dicasts are made to chaunt 
the old Sidonian sweet songs of Phrynichus, 
Kal iiivvpifyvTes /zcAtj 

" Sidonian " being an allusion to the play which he 
wrote called the Phoenissae. The first use of 
female masks is also attributed to him (Suidas, in 
vit.), and he so far deviated from the general prac- 
tice of the Attic tragedians as to write a drama 
on a subject of cotemporary history, the capture 
of Miletus by the Persians, b. c. 494. (Herod, vi. 
21.) 

We now come to the first writer of Satyrical 
dramas, Pratinas of Phlius, a town not far from 
Sicyon, and which laid claim to the invention of 
tragedy as well as comedy. (Bode, p. 35.) For 
some time previously to this poet, and probably as 
early as Thespis, tragedy had been gradually de- 
parting more and more from its old characteristics, 
and inclining to heroic fables, to which the chorus 
of Satyrs was not a fit accompaniment. But the 
fun and merriment caused by them were too good 
to be lost, or displaced by the severe dignity of 
the Aeschylean drama. Accordingly the Satyrical 
drama, distinct from the recent and dramatic tra- 
gedy, but suggested by the sportive element of the 
old Dithyramb, was founded by Pratinas, who 
however appears to have been surpassed in his own 
invention by Choerilus. It was always written by 
tragedians, and generally three tragedies and one 
Satyrical piece were represented together, which in 
some instances at least formed a connected whole, 
called a tetralogy (TerpaXoyia). The Satyrical 
piece was acted last, so that the minds of the 
spectators were agreeably relieved by a merry 
after-piece at the close of an earnest and engrossing 
tragedy. The distinguishing feature of this drama 
was the chorus of Satyrs, in appropriate dresses 
and masks, and its subjects seem to have been 
taken from the same class of the adventures of 
Bacchus and of the heroes as those of tragedy ; 
but of course they were so treated and selected, 
that the presence of rustic satyrs would seem ap- 
propriate. In their jokes and drollery and naivete" 
consisted the merriment of the piece ; for the kings 
and heroes who were introduced into their com- 



pany were not of necessity thereby divested of 
their epic and legendary character (Horace, Ar. 
Poet. 222, speaks of the " incolumi gravitate "), 
though they were obliged to conform to their situ- 
ation and suffer some diminution of dignity, from 
their position. Hence Welcker {Nachtrag, p. 331) 
observes, the Satyrical drama, which, so to speak, 
was " the Epos turned into prose, and interspersed 
with jokes made by the chorus," is well spoken of 
as a " playful tragedy " (irai^ovaa TpayySia), 
being both in form and materials the same as tra- 
gedy. Thus also Horace (Ar. Poet. 231) says : 
Efiutire leves indigna Tragoedia versus 
Intererit Satyris paulum pudibunda protervis, 

alluding in the first line to the mythic or epic ele- 
ment of the Satyric drama, which he calls Tragoe- 
dia, and in the second representing it as being 
rather ashamed of its company. The scene was of 
course laid in the supposed haunts of the Satyrs, 
as we learn from Vitruvius (v. 8): "Satyricae 
scenae ornantur arboribus, montibus reliquisque 
agrestibus rebus," all in keeping with the incidents 
of the pieces, and reminding the spectators of the 
old Dithyramb and the god Dionysus, in whose 
honour the dramatic contests were originally held. 
We must however observe that there were some 
characters and legends, which as not presenting 
any serious or pathetic aspects, were not adapted 
for tragedy, and therefore were naturally appro- 
priated to the Satyric drama. Such were Sisy- 
phus, Autolycus, Circe, Callisto, Midas, Omphale, 
and the robber Skiron. Hercules also, as he ap- 
pears in Aristophanes (Ranae) and the Alcestis 
of Euripides, was a favourite subject of this drama, 
as being no unfit companion for a drunken Silenus 
and his crew. (MUller, 295.) The Odyssee also, 
says Lessing (Leben des Sophocles, § 115), was in 
general a rich storehouse of the Satyrical plays ; 
but though the Cyclops of Euripides, the only 
satyrical play extant, was taken from it, the list 
of Satyric pieces given by Welcker (Nachtrag, p. 
284 — 322) hardly confirms this assertion. 

We now come to the improvements made in 
tragedy by Aeschylus, of which Aristotle (Poet. 
iv. § 16) thus speaks : — " He first added a second 
actor and diminished the parts of the chorus, and 
made the dialogue the principal part of the action " 
(Tou \6yov irpo)Tayojvi(TT$]i> irapeovceuacre). He 
also availed himself of the aid of Agatharchus, the 
scene-painter, and improved the costume of his 
actors by giving them thick-soled boots (i/j-GaTai), 
as well as the masks, which he made more expres- 
sive and characteristic. Horace (Ar. Poet. 278) 
thus alludes to his improvements : — 

" personae pallaeque repertor honestae 
Aeschylus, et modicis instravit pulpita tignis 
Et docuit magnumque loqui, nitique cothurno " 

The custom of contending with trilogies (rptKoyiai), 
or with three plays at a time, is said to have been 
also introduced by him. In fact he did so much for 
tragedy, and so completely built it up to its " tower- 
ing height," that he was considered the father of it. 
The subjects of this drama, as we have before inti- 
mated from Plutarch, were not connected with the 
worship of Dionysus ; but rather with the great 
cycle of Hellenic legends and some of the myths 
of the Homeric Epos. Accordingly he said of him- 
self (Athen. viii. p. 347, e) that his dramas were 
but scraps and fragments from the great feasts of 



TRAGOEDIA. 



TRAGOEDIA. 



1145 



Homer. Another instance of his departure from 
the spirit and form of the old tragedy, as connected 
with Dionysus, is shown in his treatment of the 
Dithyrambic chorus of fifty men, which in his tri- 
logy of the Oresteia he did not bring on the stage 
all at once, but divided it into separate parts mak- 
ing a different set of choreutae for each of the three 
pieces. (Miiller, Eumenid.) In the latter part of 
his life Aeschylus made use of one of the improve- 
ments of Sophocles, namely the rptrayaiviaTfis, or 
third actor. This was the finishing stroke to the 
dramatic element of Attic tragedy, which Sopho- 
cles is said to have matured by further improve- 
ments in costume and scene-painting. Under him 
tragedy appears with less of sublimity and stern- 
ness than in the hands of Aeschylus, but with 
more of calm grandeur and quiet dignity and touch- 
ing incident His latter plays are the perfection 
of the Grecian tragic drama, as a work of art and 
poetic composition in a thoroughly chastened and 
classic style, written when as he says of himself he 
had put away the boyish pomp of Aeschylus (rbv 
AiVx^Aou 8iaT€7roixws it/kov), and the harsh ol>- 
scurity of his own too great refinements, and at- 
tained to that style which he thought the best, 
and most suited for portraving the characters of 
men. (Plut de Pro. V.S. p. 79, b.) The intro- 
duction of the third actor enabled him to do this 
the more effectually, by showing the principal cha- 
racter on different sides and under different cir- 
cumstances, both as excited by the opposition of 
one and drawn out by the sympathies of another. 
[Histbio, p. 611.] Hence though the plays of 
Sophocles are longer than those of Aeschylus, still 
there is not a corresponding increase of action, but 
a more perfect delineation of character. Creon for 
instance in the Antigone, and Ajax are more per- 
fect and minutely drawn characters than any in 
Aeschylus. The part of the chorus is, on the other 
hand, considerably diminished in his plays. Ano- 
ther distinguishing feature in them is their moral 
significance and ethical teaching. Though the cha- 
racters in them arc taken from the old subjects of 
national interest, still they do not always appear 
as heroes, or above the level of common humanity, 
but in such situations and under the influence of 
such motives, passions, and feelings as fall to the 
lot of men in general : so that " every one may re- 
cognise in them some likeness of himself." 

In the hands of Euripides tragedy deteriorated 
not only in dignity, but also in its moral and reli- 
gious significance. He introduces his heroes in 
rags and tatters, and busies them with petty affairs, 
and makes them speak the language of every-day 
lifc. As Sophocles said of him (Arist. /V-t. 25), 
In- represented unn not a.i tli<-v oiiL'lit to be, bat U 
they are, without any ideal greatness or poetic 
character — thoroughly prosaic personages. His 
dialogues too were little else than the rhetorical 
and forensic language of his day cleverly put into 
verse : full of sophistry and quibbling distinctions. 
One of the peculiarities of his tragedies was the 
*p6K<r/tn, an introductory monologue, with which 
some hero or god opens the play, telling who he 
is, what is the state of affairs, and what has hnp- 
pened up to the time of his addn-ss, so as to put 
the audience in possession of every fact which it 
might be necessary for them to know: a very 
business-like proceeding no doubt, but a poor make- 
shift for artistical skill. The '* Deui ex marhina," 
ulso, though not always, in a " nodii", tali vindicc 



dignus," was frequently employed by Euripides to 
effect the denoumrnt of his pieces. The chorus too 
no longer discharged its proper and high functions 
either as a representative of the feelings of unpre- 
judiced observers, or, " as one of the actors, and a 
part of the whole," joining in the development of 
the piece. Many of his choral odes in fact are 
but remotely connected in subject with the action 
of the play. Another novelty of Euripides was the 
use of the " monodies " or lyrical songs, in which 
not the chorus, but the principal persons of the 
drama, declare their emotions and sufferings. They 
were amongst the most brilliant parts of his pieces, 
and being sung by persons on the stage, are some- 
times described as tpoal anb <7ki)vt)s. (Phot. Lex. 
s. B.) Aristophanes often parodied them, and 
makes Euripides say of himself (Ramie, 944), that 
he "nurtured tragedy with monodies, introducing 
Cephisophon " his chief actor, to sing them. 

E?t' averptipov fiovipfilais, K7/ipi<rocp<ZeTa fiiyvvs. 

Euripides was also the inventor of tragi-comedy, 
which not improbably suggested, as it certainly 
resembled, the 'IAapoTpcey<p5ia of the Alexandrian 
age, the latter being a half-tragic, half-comic drama, 
or rather a parody or travesty of tragical subjects. 
A specimen of the Euripidean tragi-comedy is still 
extant in the Alcestis, acted B. c. 438, as the last 
of four pieces, and therefore as a substitute for a 
Satyrical drama. Though tragic in its form and 
some of its scenes, it has a mixture of comic and 
satyric characters (e. <j. Hercules) and concludes 
happily. 

It remains to make some remarks on the nature 
and object of Greek tragedy in general, and on 
the parts into which it was divided. According 
to Plato {.Leg. vii. p. fil7) the truest tragedy is an 
imitation of the noblest and best life : fUftqarts 
toD /caAAi'aTou «al apiarou /Si'ou. Aristotle's de- 
finition is more comprehensive and perhaps perfect. 
"Tragedy is an imitation of an action that is im- 
portant (o-rrouooi'as), and entire, and of a proper 
magnitude, in pleasurable language, by means of 
action, not of narration, and effecting through ter- 
ror and pity the refinement and correction of such 
passions " (tV toiovrtnv 7ra07nmTeiii> naQapoiv). He 
then adds, Tragedy contains six parts : the story, 
i. e. the combination of incidents or plot, manners, 
expression, sentiment, decoration, and music (fivdos 

KCU 4)07), KCU A' KB.1 SldVoiCC, KCU "viS. Kdl uf \o- 

irouo). Of these the story is the principal part, 
developing the character of agents, and being in 
fact the very soul of tragedy. The manners come 
next, and manifest the disposition of the speakers.. 
The sentiments take the third place, and compre- 
hend whatever is said, whether proving anything, 
or expressing some general reflection. Afterwards 
he adds, Fables are of two sorts, Bimple and com- 
plicated (o'i fxiv airAoi. o1 Si ■xuiKfyfiivui), the 
catastrophe of the former produced without a revo- 
lution or discovery, of the latter with one or both. 
Now a revolution (ir«piirfT«ia) is a change to the 
reverse of what is expected from the circumstances 
of the action : a discovery (a.vayvwpiois) is a change 
from known or unknown, hnppening between cha- 
racters whose happiness or unliappiness forms the 
catastrophe of the drama. The best sort of dis- 
cover}- is a tamed by n revolution, as in the 

Oedipus. Aristotle next enumerates the parts of 
menftaf (ifard to -Koobv) or division in tragedy : 
, these are, the prologue, episode, exode, and choral 



1146 



TRAGOEDIA. 



TRAGOEDIA. 



songs ; the last divided into the parode and stasi- 
mon. The irpdAoyos is all that part of a tragedy 
which precedes the parodos of the chorus, i. e. the 
first act. The eVeicrfSiov is all the part between 
whole choral odes. The e£o8os that part which 
has no choral ode after it. Of the choral part the 
■wdpoSos is the first speech of the whole chorus (not 
broken up into parts) : the stasimon is without 
anapaests and trochees. These two divisions were 
sung by all the choreutae (icoiva airavToiv), but 
the " songs on the stage " and the K6fj./j.oi by a 
part only (ifSio 5e ra airb ttjs <tkt}vt)s Kai KOfifioi). 
The commus, which properly means a wailing for 
the dead, was generally used to express strong ex- 
citement, or lively sympathy with grief and suffer- 
ing, especially by Aeschylus. It was common to 
the actors and a portion only of the chorus (Kofi^bs 
Se Spyvos, Koivbs X°P°"i Ka ^ ° lr ^ <TKT]vris), whence 
its derivative KOfifj.aTiKa is used to designate 
broken and interrupted songs sung either by indi- 
vidual choreutae or divisions of the chorus. (Miil- 
ler, Eumen. p. 84.) Again the irdpobos was so 
named as being the passage-song of the chorus 
sung while it was advancing to its proper place in 
the orchestra, and therefore in anapaestic or march- 
ing verse : the ardai/Mov, as being chaunted by the 
chorus when standing still in its proper position. 
(Suid. and Etym. Magn.) 

With respect to the ends or purposes of Tragedy, 
Aristotle observes that they are best effected by 
the representation of a change of fortune from 
prosperity to adversity, happening to a person 
neither eminently virtuous nor just, nor yet in- 
volved in misfortune by deliberate vice or villany, 
but by some error of human frailty, and that he 
should also be a person of high fame and eminent 
prosperity, like Oedipus or Thyestes. Hence, he 
adds, Euripides is not censurable, as is generally 
supposed ; for tragedies with an unhappy termina- 
tion like his, have always the most tragic effect ; 
and Euripides is the most tragic of all poets, i. e. 
succeeds best in producing pity : an expression 
especially true of some scenes in the Medea. In 
Aeschylus, the feelings of pity and melancholy 
interest are generally excited by the relation in 
which his heroes stand to destiny. He mostly 
represents them as vainly struggling against a 
blind but irresistible fate, to whose power (ac- 
cording to the old Homeric notion) even the father 
of gods and men is forced to yield, and it is only 
occasionally, as in the splendid chorus of the Eume- 
nides (522), that we trace in him any intimations 
of a moral and retributive government of the world. 
Hence there is a want of moral lessons in his 
works. In Sophocles, on the contrary, we see 
indications of a different tone of thought, and the 
superintendence of a directing and controlling 
power is distinctly recognized : " the great Zeus 
in heaven, who superintends and directs all things." 
(Electr. 174; Thirl wall, Phil. Mus. vol. ii. p. 492.) 

The materials of Greek tragedy were the national 
mythology, 

" Presenting Thebes, or Pelops' line, 
Or the tale of Troy divine." 

The exceptions to this were the two historical 
tragedies, the " Capture of Miletus," by Phryni- 
chus, and the " Persians " of Aeschylus ; but they 
belong to an early period of the art. Hence the 
plot and story of the Grecian tragedy were of 
necessity known to the spectators, a circumstance 



which strongly distinguishes the ancient tragedy 
from the modern, and to which is owing in some 
measure the practical and quiet irony in the hand- 
ling of a subject, described by Thirl wall (Phil. 
Mus. ii. p. 483, &c.) as a characteristic of the 
tragedy of Sophocles. 

The functions of the Chorus in Greek Tragedy 
were very important, as described by Horace (Ar. 
Poet. 193), 

" Actoris partes chorus officiumque virile 
Defendat: neu quid medios intercinat actus, 
Quod non proposito conducat,et haereat apte,"&c. 

We must conceive of it, says A. W. Schlegel, as 
the personification of the thought inspired by the 
represented action ; in other words, it often ex- 
presses the reflections of a dispassionate and right- 
minded spectator, and inculcates the lessons of mo- 
rality and resignation to the will of heaven, taught 
by the occurrence of the piece in which it is en- 
gaged. Besides this, the chorus enabled a poet to 
produce an image of the " council of elders," which 
existed under the heroic governments, and under 
whose advice and in whose presence the ancient 
princes of the Greek tragedy generally acted. 
This image was the more striking and vivid, inas- 
much as the chorus was taken from the people at 
large, and did not at all differ from the appearance 
and stature of ordinary men ; so that the contrast 
or relation between them and the actors was the 
same as that of the Homeric Xaot and &vaKT<=s. 
Lastly, the choral songs produced an agreeable 
pause in the action, breaking the piece into parts, 
while they presented to the spectator a lyrical 
and musical expression of his own emotions, or 
suggested to him lofty thoughts and great argu- 
ments. As Schlegel says, the chorus was the 
spectator idealised. With respect to the number 
of the chorus, Muller (Lit. of Greece, 300) thinks 
that out of the dithyrambic chorus of 50 a quad- 
rangular chorus of 48 persons was first formed, 
and that this was divided into sets of 12, one for 
each play of a tetraloge ; but in the time of So- 
phocles, the tragic chorus amounted to 15, a 
number which the ancient grammarians always 
presuppose in speaking of its arrangements, though 
it might be that the form of the Aeschylean tra- 
gedy afterwards became obsolete. 

The preceding account should be read in connec- 
tion with the articles Chorus, Dionysia, Histrio, 
and Thbatrum.' 

The explanation of the following phrases may 
be useful. 

Tlapaxopriyrina : this word was used in case of 
a fourth actor appearing on the stage ; probably 
because the choragus was required to be at an 
extra expense in supplying him with costume, &c; 
sometimes actors so called spoke, as the character 
of Pylades does (Aesch. Choeph. 900—902) ; 
sometimes they were mutes. 

Tlapaaicqvwv : this phrase was used when one 
of the choreutae spoke in song, instead of a fourth 
actor, probably near or behind the side-scenes. 
YlapriyopritiaTa were voices off the stage, and not 
seen, as the frogs in the Ranae. (Pollux, iv. 109 ; 
Schol. in Aristoph. Pac. 113.) 

Xlapaxap'hlJ-o-ra, persons who came forward but 
once, something like the irpoaanra. irpoTariKd, or 
introductory persons who open a drama and never 
appear again ; as the watchman in the Agamem- 
non, and Polydorus in the Hecuba. Terence also 



TRAGOEDIA. 



TRAGOEDIA. 



1147 



frequently uses the persona protatica. (Donat. 
Ter. Prolog, ad Andr.) 

The Stxopia was a double chorns, formed of the 
choruses of two separate plays : thus at the end 
of the Eumenides of Aeschylus the Furies of one 
play and the festal train of another come on the 
stage together. (Muller, Liierat. <L-c. p. 300.) 

The principal modern writers on the Greek 
Tragedy are mentioned in the course of the article. 
The reader may also consult Wachsmuth, vol. ii. 
pt. ii. pp. 467, 421 ; Gruppe, A nWne, Die Traffisclie 
Kunst der Grieciien in Hirer Entwkkelung und in 
ihrem Zusammenhange mil der Volkspoesie, Berl. 
1834 ; Museum Criticum, vol. ii. p. 69, &c. ; Cop- 
leston, Praelectiones Academicac ; Schneider, Ueber 
das Attische Tftealerwesen, an exceedingly valuable 
book. 

2. Roman. The tragedy of the Romans was, 
for the most part, an imitation of, or rather a bor- 
rowing from, the Greek, the more imperfect and 
unnatural, as the construction of the Roman 
theatre afforded no appropriate place for the 
chorus, which was therefore obliged to appear on 
the stage, instead of in the orchestra. The first 
tragic poet and actor at Rome (Gellius, xxi. 17) was 
Livius Andronicus, a Greek by birth, who began 
to exhibit in B. c. 240. From the account in 
Livy (vii. 2), it would seem that in his monodies 
(or the lyrical parts sung, not by a chorus, but by 
one person), it was customary to separate the sing- 
ing from the mimetic dancing, leaving the latter 
only to the actor, while the singing was performed 
by a boy placed near the flute-player (aide tUA- 
cinem) ; so that the dialogue only (diveri/ia) was 
left to be spoken by the actors. One of the plays 
written by him was an "Andromeda ;" and he 
also made a Latin prose translation of the Odyssce. 
The next tragic poet at Rome was Naevius, who 
however appears to have written comedies as well 
as tragedies (Hicron. in Euseh. Olipnp. 144. 3), 
and a history of the first Punic war : so that the 
writing of tragedies was not a distinct profession 
at Rome, as at Athens. An " Alcestis " seems to 
have been written by him. To the same epoch as 
Livius Andronicus, and Naevius, belongs Enrrius, 
who resembled the latter in being an epic poet as 
well as a tragedian. Amongst the plays written 
by him are mentioned, a Medea, an Ajax, a 
Phocnissae, an Iphigenia, an Andromache, and a 
Hecuba. The metre used by him and Naevius 
was iambic or trochaic in the dialogue, and ana- 
paestic for the lyrical parts. (Gellius, xi. 4.) The 
next distinguished tragedian was Pacuvius, a 
nephew of Knuius, and a painter also. His style 
was more remarkable for spirit and vigour of ex- 
pression than polish or refinement, a deficiency 
attributable to his age and provincial origin, ns he 
was born at ISnindisium. Among his plays occur 
an Antiope, a Chryies, and a Dulorestes (Quintil. 
x. 1 ; Cicero, Oral. iii. 39), and his tragedies 
found admirers even in the time of Pcrsius (i. 
77). Cicero (/. c.) quotes from him a spirited 
translation of the concluding lines of the Prome- 
theus Vinctus of Aeschylus. Attiui or Accius 
the younger was junior to Pacuvius by about fifty 
years. His earlier plays were, as he himself ad- 
mitted, harsh and obscure (Gellius, xiii. 2); but 
his style probahly altered with increasing yrars. 
Many fragments of his plays occur in Cicero and 
the Latin grammarians, Diomedes, Nonius, and 
V'arro. He WM also a writer of annals in hexa- 



meter verses. (Macrob. Sat. i. 7.) The five poets 
mentioned above belong to the earlier epoch of 
Roman tragedy, in which little was written but 
translations and imitations of the Greek, with oc- 
casional insertions of original matter. How they 
imitated the structure of the choral odes is doubt- 
ful, perhaps they never attempted it. Ennius, 
Pacuvius, and Accius are contrasted by Cicero 
(de Oral. iii. 7), with Aeschylus, Sophocles, and 
Euripides ; and of the two last Quintilian (x. 1. 
§ 97) says, " Virium Accio plus tribuitur ; Pacu- 
vium videri doctiorem, qui esse docti affectant, 
volunt." 

In the age of Augustus the writing of tragedies, 
whether original or imitations, seems to have been 
quite a fashionable occupation. The emperor him- 
self attempted an Ajax, but did not succeed ; and 
when his friends asked him, " Quidnam Ajax 
ageret ? " his reply was u Ajacem suum in spongiam 
incubuisse." (Suet. Aug. 85.) One of the prin- 
cipal tragedians of this epoch was Asinius Pollio, 
to whom the line (Virg. Eclog. viii. 10) 

" Sola Sophocleo tua carmina digna cothurno," 

is supposed to apply : he also excelled in other 
literary accomplishments. (Hor. Carm. ii. 1.) Ovid 
(Trist. ii. 556) also wrote a tragedy, of which 
Quintilian (x. i. § 98) says, " Ovidii Medea vi- 
detur mihi ostendere, quantum ille vir praestare 
potuerit si ingenio suo temperare quam indulgere 
maluissct." His " armonim judicium " (Hfelumor. 
xiii.) between Ajax and Ulysses, on which Pacu- 
vius and Accius also wrote dramas, proves that 
he might have rivalled Euripides in rhetorical 
skill. Quintilian also says of Varius, who was 
distinguished in epic as well as tragic poetry (Hor. 
Carm. i. 6, Ar. Poet. 55 ; Tacit. Dial. xii. 1), that 
his Thycstes might be compared with any of the 
Greek tragedies. Some fragments of this Thyestes 
are extant, but we have no other remains of the 
tragedy of the Augustan age. The loss perhaps is 
not great ; for the want of a national and indi- 
genous mythology must have disabled the Roman 
poets from producing any original counterparts of 
the Greek tragedy ; besides which, in the later 
days of the republic, and under the empire, the 
Roman people were too fond of gladiatorial shows, 
and beast-tights, and gorgeous spectacles, to en- 
courage the drama. Moreover, it is also manifest 
that a tragedy like that of the Greeks could not 
have flourished under a despotism. 

The only complete Roman tragedies that have 
come down to us are the ten attributed to the 
philosopher Seneca. But whether he wrote any 
of them or not is a disputed point. It is agreed 
that they are not all from the same hand, and it 
is doubtful whether they are all of the game age 
even. In one of them, the Medea, the author 
made his heroine kill her children on the stage, 
•'coram populo," in spite of the precept of Hornce. 
Schlegel (Lcct. \'\\\.) thus speaks of them: "To 
whatever age they belong, they are beyond de- 
scription bombastic and frigid, utt< rly ""tlntTintl in 
character and action, and full of the most revolting 
violations of propriety, and barren of all theatrics] 
effect. With the old Grecian tragedies thev hnve 
nothing in common but the name, the exterior 
form, and the matter. Their persons are neither 
ideal nor real men, but misshapen giants of pup- 
pets, nnd the wire that moves them is at one time 
an unnatural heroism, at another a passion aliko 



1148 TRIBULA. 
unnatural, which no atrocity of guilt can appal." 
Still they have had admirers : Heinsius calls the 
Hippolytus " divine," and prefers the Troades to 
the Hecuba of Euripides : even Racine has bor- 
rowed from the Hippolytus in his Phedre. 

Roman tragedians sometimes wrote tragedies 
on subjects taken from their national history. 
Pacuvius, e. g. wrote a Paulus, L. Accius a Brutus 
and a Decius. (Cic. de Div. i. 22.) Curiatius Ma- 
ternus, also a distinguished orator in the reign of 
Domitian, wrote a Domitius and a Cato, the latter 
of which gave offence to the rulers of the state 
(potentium animos qffendit, Tacit. Dial. 2 ; Lang. 
Vind. Trag. Roman, p. 14). The fragments of the 
Thyestes of Varius are given by Bothius, Poet. 
Seen. Lat. Frag. p. 279. [R. W.] 

TRA'GULA. [Hasta, p. 589, a.] 
TRANSA'CTIO IN VIA. [Actio, p. 1 1, a.] 
TRA'NSFUGA. [Desertor.] 
TRANSTRA. [N avis, p. 788, a.] 
TRANSVE'CTIO E'QUITUM. [Equites.] 
TRAUMATOS EK PRONOIAS GRAPHE 
(rpav/iaros 4k irpovo'tas ypaipri). Our principal 
information respecting this action is derived from 
two speeches of Lysias, namely, irpbs 2ff»wa and 
irepi TpavjxaTos ek irpovoias, though they do not 
supply us with many particulars. It appears, 
however, that this action could not be brought by 
any person who had been wounded or assaulted 
by another, but that it was necessary to prove that 
there had been an intention to murder the person 
who had been wounded ; consequently the irpdvoia 
consisted in such an intention. Cases of this kind 
were brought before the Areiopagus : if the ac- 
cused was found guilty, he was exiled from the 
state and his property confiscated. (Compare Dem. 
c. Aristocr. 627. 22, c. Boeot. 1018. 9, Aesch. de 
Fals. Leg. 270, c. Ctes. 440, 608 ; Lys. c. Andoc. 
p. 212 ; Lucian, Timon, 46 ; Pollux, viii. 40 ; 
Meier, Att. Proc. p. 314.) 
TRESSIS. [As, p. 141, a.] 
TRESVIRI. [Triumviri.] 
TRIA'RII. [Exercitus, pp. 495 —497, 501, 
b.] 

TRI'BULA or TRI'BULUM (t P iS6\os), a 
corn-drag, consisting of a thick and ponderous 
wooden board, which was armed underneath with 
pieces of iron or sharp flints and drawn over the 
corn by a yoke of oxen, either the driver or a heavy 
weight being placed upon it, for the purpose of se- 
parating the grain and cutting the straw. (Varro, 
de Re Rust. i. 52; Ovid. Met. xiii. 803 ; Plin. //. 
N. xviii. 30 ; Longus, iii. 22 ; Brunck, Anal. ii. 
215 ; Amos, i. 3.) Together with the tribula an- 
other kind of drag, called traha, was also some- 
times used, which it is probable was either entirely 
of stone or made of the trunk of a tree. (Virg. 
Georg. i. 1 64 ; Servius, ad loc. ; Col. de Re Rust. 
ii. 21.) These instruments are still used in Greece, 
Asia Minor, Georgia, and Syria, and are described 
by various travellers in those countries, but more 
especially by Paul Lucas {Voyage, vol. i. p. 182). 
Sir R. K. Porter (Travels, vol. i. p. 158), Jackson 
(Journey from India, p. 249), and C. Fellows, 
(Journal, pp. 70, 333). The corn is threshed upon 
a circular floor (area, aKoiv), either paved, made 
of hardened clay, or of the natural rock. It is first 
heaped in the centre, and a person is constantly 
occupied in throwing the sheaves under the drag 
as the oxen draw it round. Lucas and Fellows 
have given prints representing the tribula as now 



TRIBUNUS. 

used in the East. The verb tribulare (Cato, deRe 
Rust. 23), and the verbal noun tribulatio were ap- 
plied in a secondary sense to denote affliction in 
general. [J. Y.] 

TRI'BULUS (rpiSoXoi), a caltrop, also called 
murex. (Val. Max. iii. 7. § 2 ; Curt. iv. 13. § 36.) 
When a place was beset with troops, the one party 
endeavoured to impede the cavalry of the other 
party either by throwing before them caltrops, 
which necessarily lay with one of their four sharp 
points turned upwards, or by burying the cal- 
trops with one point at the surface of the ground. 
(Veget. de Re Mil. iii. 24; Jul. Afric. 69, ap. Vet. 




Math. Graec.ip. 311.) The annexed woodcut is 
taken from a bronze caltrop figured by Caylus 
(Recueil, iv. pi. 98). [J. Y.] 

TRIBU'NAL (0vna), a raised platform, or, to 
use the term adopted from the French, tribune, on 
which the praetor and judices sat in the Basilica. 
It is described under Basilica (p. 199). 

There was a tribunal in the camp, which was 
generally formed of turf, but sometimes, in a sta- 
tionary camp, of stone, from which the general 
addressed the soldiers, and where the consul and 
tribunes of the soldiers administered justice. 
When the general addressed the army from the 
tribunal, the standards were planted in front of it, 
and the army placed round it in order. The ad- 
dress itself was called Allocutio. (Plut. Pomp. 41; 
Lipsius, de Milit. Rom. iv. 9 ; Castra.) 

A tribunal was sometimes erected in honour of a 
deceased imperator, as, for example, the one raised 
to the memory of Germanicus. (Tacit. Annal. ii. 83.) 

Pliny (H. N. xvi. 1) applies the term to em- 
bankments against the sea. [P. S.] 

TRIBU'NUS. This word seems originally to 
have indicated an officer connected with a tribe 
(tribus), or who represented a tribe for certain pur- 
poses ; and this is indeed the character of the 
officers who were designated by it in the earliest 
times of Rome, and may be traced also in the later 
officers of this name. We subjoin an account of 
all the Roman officers known under this name. 

1. Tribunes op the three ancient tribes. 
At the time when all the Roman citizens were 
contained in the three tribes of the Ramnes, Tities, 
and Luceres, each of them was headed by a tribune 
(cpvAapxos, Dionys. ii. 7; Dig. 1. tit. 2. s.2. § 20; 
Serv. ad Aen. v. 560), and these three tribunes 
represented their respective tribes in all civil, reli- 
gious, and military affairs ; that is to say, they 



TRIBUNUS. 



TRIBUNUS. 



1149 



were in the city the magistrates of their tribes, and 
performed the sacra on their behalf, and in times 
of war they were their military commanders. (Liv. 
L 59; Dionys. ii. 64 ; Varro, de Limj.Lat. v. 81.) 
Niebuhr (Hist, of Rome, i. p. 331) supposes that 
the (ribunus ceterum was the tribune of the Ramnes, 
the oldest and noblest among the three tribes, and 
in this opinion he is followed by Gottling (Gescli. 
d. Rom. Staalsverf p. 166), though it is in direct 
contradiction to Dionysius (ii. 13) and Pomponius 
{de Oriy. Jut. Dig. I. tit. 2. s. 2. § 15), according 
to whom the tribunus celerum was the commander 
of the celeres, the king's body-guard, a statement 
which i3 rejected by Niebuhr without his being 
supported by any ancient authority, except that 
Dionysius in one passage (ii. 64) vaguely speaks 
of tribuni celerum in the plural. That however 
the tribunus celerum was really distinct from the 
three tribunes of the tribes, is acknowledged by 
Niebuhr himself in a subsequent part of his work 
(iii. p. 41). In what manner the tribunus celerum 
was appointed is uncertain, but notwithstanding 
the statement of Dionysius, that Tarquinius Su- 
pcrbus gave this office to L. Junius Brutus, it is 
much more probable that he was elected by the 
tribes or curiae ; for we find that when the im- 
perium was to be conferred upon the king, the 
comitia were held under the presidency of the tri- 
bunus celi-rum, and in the absence of the king, to 
whom this officer was next in rank, he convoked 
the comitia: it was in an assembly of this kind 
that Brutus proposed to deprive Tarquinius of the 
imperium. (Liv. i. 59.) A law passed under the 
presidency of the tribunus celerum was called a 
lex tribunicia, to distinguish it from one passed 
under the presidency of the king. [Lex Regia.] 
The tribunes of the three ancient tribes ceased to 
be appointed when these tribes themselves ceased 
to exist as political bodies, and when the patricians 
became incorporated in the local tribes of Servius 
Tullius. [Tbibus (Roman).] 

2. Tribunes op the Servian tribes. When 
Servius Tullius divided the commonalty into thirty 
local tribes, we again find that at the head of each 
of these tribes there was a tribune, whom Dionysius 
calls ipv\apx o *i like those of the patrician tribes. 
(Dionys. IT. 14.) He mentions them only in connec- 
tion with the city tribes, but there can be no doubt 
that each of the rustic tribes was likewise headed 
by a tribune. The duties of these tribunes, who 
were without doubt the most distinguished per- 
sons in their respective districts, appear to have 
consisted at first in keeping a register of the in- 
habitants in each district and of their property, 
for purposes of taxation and for levying the troops 
for the armies. When subsequently the Roman 
people became exempted from taxes, the main part 
of their business was taken from them, hut they 
■till continued to exist. Niebuhr (i. p. 421) sup- 
poses that the tribuni aerarii, who occur down to 
the end of the republic, were only the successors of 
the tribunes of the tribes. Varro (dr. Lin//. Lot. 
y\. 86) speaks of curair/ret omnium tribuum,n name 
by which he probably means the tribunes of the 
tribes. When in the year 406 n. c. the custom 
of giving pay (ttijmdium ) to the soldiers was in- 
troduced, each of the tribuni aerarii had to collect 
the trihutiim in his own tribe, and with it to pay 
thc soldiers (Varro, dr. Ling. Lai. v. 181), and in 
case they did not fulfil this duty, the soldiers had 
the right of pignoris capio against them. (Cato, 



ap. GeU. vii. 10.) In later times their duties ap- 
pear to have been confined to collecting the tribu- 
tum, which they made over to the military quaes- 
tors who paid the soldiers. [Quaestor.] The 
lex Aurelia (70 b. c.) called the tribuni aerarii to 
the exercise of judicial functions, along with the 
senators and equites, as these tribunes represented 
the body of the most respectable citizens. (Orelli, 
Onom. Tull. iii. p. 142 ; Appian, de Bell. Civ. iii. 
23.) But of this distinction they were subse- 
quently deprived bv Julius Caesar. (Suet Caes. 
41.) 

3. Tribuni plebis. The ancient tribunes of 
the plebeian tribes had undoubtedly the right of 
convoking the meetings of their tribes, and of main- 
taining the privileges granted to them by king 
Servius and subsequently by the Valerian laws. 
But this protection was very inadequate against 
the insatiable ambition and usurpations of the 
patricians. When the plebeians, impoverished by 
long wars and cruelly oppressed by the patricians, 
at last seceded in the year 494 b. c. to the Mons 
Sacer, the patricians were obliged to grant to the 
plebeians the right of appointing tribunes (tribuni 
plebis) with more efficient powers to protect their 
own order than those which were possessed by the 
heads of the tribes. The purpose for which they 
were appointed was only to afford protection against 
any abuse on the part of the patrician magistrates ; 
and that they might be able to afford such protec- 
tion, their persons were declared sacred and invio- 
lable, and it was agreed that whoever acted against 
this inviolability should be an outlaw, and that his 
property should be forfeited to the temple of Ceres. 
(Liv. ii. 33; Dionys. vi. 89.) This decree seems 
to contain evidence that the heads of the tribes in 
their attempts to protect members of their own 
order had been subject themselves to insult and 
maltreatment; and that similar things occurred even 
after the sanctity of the tribunes was established by 
treaty, may be inferred from the fact, that, some time 
after the tribuneship was instituted, heavy punish- 
ments were again enacted against those, who should 
venture to annoy a tribune when he was making a 
proposition to the assembly of the tribes. The law 
by which these punishments were enacted ordained 
that no one should oppose or interrupt a tribune 
while addressing the people, and that whoever 
should act contrary to this ordinance should give 
bail to the tribunes for the payment of whatever 
fine they should affix to his offence in arraigning 
him before the commonalty : if he refused to give 
bail, his life and property were forfeited. (Dionys. 
vii. 17.) It should however be observed that this 
law belongs to a Inter date than that assigned to it 
by Dionysius, as has been shown by Niebuhr (ii. 
p. 98) ; it was in all probability made only a short 
time before its first application in 461 B. t: in the 
case of Carso Quinctius. (Liv. iii. 13.) The tri- 
bunes were thus enabled to afford protection to any 
one who appealed to the assembly of the common- 
alty, or required any other assistance. They were 
essentially the representatives ni>d the orgnns of 
the plebeian order, nnd their sphere of nction wag 
the comitia trihuta. With the patricians and their 
comitia they had nothing to do. The tribunes 
themselves however were not judges and could in- 
flict no punishments (Ocllius, xiii. 12), but could 
only propose the imposition of a fine to the com- 
monalty (multam irrv/arr). The tribunes were 
thus in their origin only a protecting magistracy of 



1150 



TRIBUNUS. 



TRIBUNUS. 



the plebs, but in the course of time their power 
increased to such a degree that it surpassed that 
of all other magistrates, and the tribunes then, 
as Niebuhr (i. p. 614) remarks, became a ma- 
gistracy for the whole Roman people in opposition 
to the senate and the oligarchical elements in 
general, although they had nothing to do with 
the administration or the government. During 
the latter period of the republic they became true 
tyrants, and Niebuhr justly compares their college, 
such as it was in later times, to the national con- 
vention of France during the first revolution. But 
notwithstanding the great and numerous abuses 
which were made of the tribunitian power by in- 
dividuals, the greatest historians and statesmen 
confess that the greatness of Rome and its long 
duration is in a great measure attributable to the 
institution of this office. 

As regards the number of the tribunes of the 
people, all the ancient writers agree (see the pas- 
sages in Niebuhr, i. n. 1356), that at first they 
were only two, though the accounts differ as to the 
names of the first tribunes. Soon afterwards, how- 
ever, the number of tribunes was increased to five, 
one being taken from each of the five classes. (As- 
con, in Cic. Corn. p. 56, ed. Orelli ; Zonar. vii. 15.) 
When this increase took place is quite uncertain. 
According to Dionysius (vi.89) three new tribunes 
were added immediately after the appointment of 
the first two. Cicero (Fragm. Cornel, p. 451, 
Orelli) states, that the year after the institution of 
the tribunes their number was increased to ten ; 
according to Livy (ii. 33) the first two tribunes 
immediately after their appointment elected them- 
selves three new colleagues ; according to Piso (ap. 
Liv. ii. 58) there were only two tribunes down to 
the time of the Publilian laws. It would be hope- 
less to attempt to ascertain what was really the 
case ; thus much only is certain, that the number 
was not increased to ten till the year 457 B. c, 
and that then two were taken from each of the 
five classes. (Liv. iii. 30 ; Dionys. x. 30.) This 
number appears to have remained unaltered down 
to the end of the empire. 

The time when the tribunes were elected was, 
according to Dionysius (vi. 89), always on the 10th 
of December, although it is evident from Cicero 
(ad Att. i. 1) that in his time at least the election 
took place a. d. xvi. Kal. Sextil. (17th of July.) 
It is almost superfluous to state that none but ple- 
beians were eligible to the office of tribune ; hence 
when towards the end of the republic patricians 
wished to obtain the office, they were obliged first 
to renounce their own order and to become ple- 
beians [Patricii, p. 876] ; hence also under the 
empire it was thought that the princeps should not 
be tribune because he was a patrician. (Dion 
Cass. liii. 17, 32.) But the influence which be- 
longed to this office was too great for the emperors 
not to covet it. Hence Augustus received the tri- 
bunitia potestas for life. (Suet. Aug. 27; Tacit. 
Annal. i. 2 ; compare Suet. Tiber. 9, 23, Vesp. 1 2, Tit. 
6.) During the republic, however, the old regula- 
tion remained in force even after the tribunes had 
ceased to be the protectors of the plebs alone. The 
only instance in which patricians were elected to 
the tribuneship is [mentioned by Livy (iii. 65), 
and this was probably the consequence of an 
attempt to divide the tribuneship between the 
two orders. Although nothing appears to be more 
natural than that the tribunes should originally 



have been elected by that body of the Roman citi- 
zens which they represented, yet the subject is in- 
volved in considerable obscurity. Cicero (Fragm. 
Cornel. I.e.) states that they were elected by the 
comitia of the curies ; the same is implied in the 
accounts of Dionysius (I. c.) and Livy (ii. 56), ac- 
cording to whom the comitia of the tribes did not 
obtain this right till the Lex Publilia (472 B. c. ; 
Liv. ii. 56 ; Dionys. x. 41). Niebuhr thinks (i. 
p. 618) that down to the Publilian law they were 
elected by the centuries, the classes of which they 
represented in their number, and that the curies, as 
Dionysius himself mentions in another place (vi. 
90), had nothing to do with the election except to 
sanction it. The election in the comitia of the 
centuries however does not remove the difficulties, 
whence Gbttling (p. 289) is inclined to think that 
the tribunes before the expiration of their office 
appointed their successors, after a previous con- 
sultation with the plebeians. The necessity of the 
sanction by the curies cannot be doubted, but it 
appears to have ceased even some time before the 
Publilian law. (Niebuhr, ii. p. 190.) After this 
time it is never heard of again, and the election of 
the tribunes was left entirely to the comitia tributa, 
which were convoked and held for this purpose by 
the old tribunes previously to the expiration of their 
office. (Liv. ii. 56, &c. ; Dionys. ix. 43, 49.) One 
of the old tribunes was appointed by lot to preside 
at the election. (Liv. iii. 64; Appian, de Bell. Civ. 
i. 14.) As the meeting could not be prolonged after 
sunset, and the business was to be completed in 
one day, it sometimes happened that it was obliged 
to break up before the election was completed, and 
that those who were elected filled up the legitimate 
number of the college by cooptatio. (Liv. I. c.) But 
in order to prevent this irregularity the tribune 
L. Trebonius in 448 b. c. got an ordinance passed, 
according to which the college of the tribunes 
should never be completed by cooptatio, but the 
elections should be continued on the second day, 
if they were not completed on the first, till the 
number ten was made up. (Liv. iii. 64, 65, v. 10; 
comp. Niebuhr, ii. p. 383.) The place where the 
election of the tribunes was held was originally 
and lawfully the Forum, afterwards also the 
Campus Martius, and sometimes the area of the 
Capitol. 

We now proceed to trace the gradual growth of 
the tribunitian power. Although its original cha- 
racter was merely auxilium or Pofideia against pa- 
trician magistrates, the plebeians appear early to 
have regarded their tribunes also as mediators or 
arbitrators in matters among themselves. This 
statement of Lydus (de Magist. i. 38, 44 ; Dionys. 
vii. 58) has been pointed out by Walter (Gescli. d. 
Rom. Rechts, p. 85). The whole power possessed 
by the college of tribunes was designated by the 
name tribunicia potestas, and extended at no time 
further than one mile beyond the gates of the city; 
at a greater distance than this they came under 
the imperium of the magistrates, like every other 
citizen. (Liv. iii. 20; Dionys. viii. 87.) As they 
were the public guardians, it was necessary that 
every one should have access to them and at any 
time ; hence the doors of their houses were open 
day and night for all who were in need of help and 
protection, which they were empowered to afford 
against any one, even against the highest magis- 
trates. For the same reason a tribune was not 
allowed to be absent from the city for a whole day, 



TRIBUNL'S. 



TRIBUNUS. 



except during the Feriae Latinae, when the whole 1 
people was assembled on the Alban Mount. (Ma- 
crob. Sat. i. 3.) 

In the year 456 B. c. the tribunes, in opposition 
to the consuls, assumed the right to convoke the 
senate, in order to lay before it a rogation and dis- 
cuss the same (Dionys. x. 31, 32) ; for until that 
time the consuls alone had had the right of laying 
plebiscita before the senate for approbation. Some 
years after, 452 B. c, the tribune demanded of the 
consuls to request the senate to make a senatus- 
consultum for the appointment of persons to frame 
a new legislation ; and during the discussions on 
this subject the tribunes themselves were present 
in the senate. (Dionys. x. 50, 52.) The written 
legislation which the tribunes then wished can 
only have related to their own order ; but as such 
a legislation would only have widened the breach 
between the two orders, they afterwards gave way 
to the remonstrances of the patricians, and the new 
legislation was to embrace both orders. (Liv. iii. 
31 ; Zonar. vii. 18.) From the second decemvi- 
rate the tribuneship was suspended, but was re- 
stored after the legislation was completed, and now 
assumed a different character from the change that 
had taken place in the tribes. [Tribls (Roman.)] 
The tribunes now had the right to be present at 
the deliberations of the senate (Liv. iii. 69, iv. 1); 
but the)- did not sit among the senators themselves, 
but upon benches before the opened doors of the 
senate-house. (Val. Max. ii. 2. § 7 ; F. Ilofmann, 
Der Ji'um. Senat, p. 109, &c.) The inviolability 
of the tribunes, which had before only rested upon 
a contract between the two estates, was now sanc- 
tioned and confirmed by a law of M. lloratiug. 
(Liv. iii. 55.) As the tribes now also included 
the patricians and their clients, the tribunes might 
naturally be asked to interpose on behalf of any 
citizen, whether patrician or plebeian. Hence the 
patrician ex-decemvir, Appius Claudius, implored 
the protection of the tribunes. (Liv. iii. 56 ; 
comp. also viii. 33, 34 ; Niebuhr, ii. p. 374.) 
About this time the tribunes also acquired the 
right to take the auspices in the assemblies of the 
tribes. (Zonaras, vii. 19.) They also assumed 
again the right which they had exercised before 
the time of the decemviratc, to bring patricians 
who had violated the rights of the plebeians before 
the comitia of the tribes, as is clear from several 
instances. (Liv. iii. 56, ice, iv. 44, v. 11, itc.) 
Respecting the authority which a plebiscitum pro- 
posed to the tribes by a tribune received through 
the lex Valeria, see Plebiscitum. While the 
college thus gained outwardly new strength every 
day, a change took place in in internal organisa- 
tion, which to some extent paralyzed in powers. 
Before the year 394 B. c. every thing had been 
decided in the college by a majority (Liv. ii. 43, 
44 ; Dionys. ix. 1, 2, 41, x. 31) ; but about this 
time, we do not know how, a change was intro- 
duced, which made the opposition (intercessio) of 
one tribune sufficient to rmder a resolution of his 
colleagues void. (Zonar. vii. 15.) This new re- 
gulation does not appear in operation till 394 
and 393 b. c. (Liv. v. 25, 29) ; the old one was 
■till applied in & c. 421 and 415. (Liv. iv. 42, 
411 ; comp. Niebuhr, ii. p. 438.) From their ri;;lit 
of appearing in the senate, and of taking pari in 
its discussions, and from their being tin: repre- 
sentatives of the whole people, they gradually 
obtained the right of intercession against any 



1 action which a magistrate might undertake during 
the time of his office, and this even without giving 
any reason for it. (Appian, de Dell. Civ. L 23.) 
Thus we find a tribune preventing a consul con- 
voking the senate (Polyb. vi. 1 6), preventing the 
proposal of new laws or elections in the comitia 
(Liv. vi. 35, vii. 17, x. 9, xxviL 6); and they 
interceded against the official functions of the 
censors (Dion Cass, xxxvii. 9 ; Liv. xliii. 16) ; 
and even against a command issued by the praetor. 
(Liv. xxxviii. 60 ; Gell. vii. 19.) In the same 
manner a tribune might place his veto upon an 
ordinance of the senate (Polyb. vi. 16 ; Dion Cass, 
xli. 2) ; and thus either compel the senate to sub- 
mit the subject in question to a fresh consideration, 
or to raise the session. (Caes. de Dell. Civ. i. 2 ; 
Appian, de Dell. Civ. i. 25'.J, In order to propose 
a measure to the senate they might themselves con- 
voke a meeting (Gellius, xiv. 7), or when it had 
been convoked by a consul they might make their 
proposal even in opposition to the consul, a right 
which no other magistrates had in the presence of 
the consuls. The senate, on the other hand, had 
itself, in certain cases, recourse to the tribunes. 
Thus, in 431 B. c. it requested the tribunes to 
compel the consuls to appoint a dictator, in com- 
pliance with a decree of the senate, and the tri- 
bunes compelled the consuls, by threatening them 
with imprisonment, to appoint A. Postumius 
Tubcrtus dictator. (Liv. iv. 26.) From this time 
forward we meet with several instances in which 
the tribunes compelled the consuls to comply with 
the decrees of the senate, si nun essent in auctoritatc 
senatun, and to execute its commands. ( Liv. v. 9, 
xxviiL 45.) In their relation to the senate a 
change was introduced by the I'IMscitum Atinium, 
which ordained that a tribune, by virtue of his 
office, should be a senator. (Gellius, xiv. 8 ; Zonar. 
vii. 15.) When this plebiscitum was made is un- 
certain ; but we know that in 170 B. c. it was not 
yet in operation. (Liv. xiv. 15.) It probably 
originated with C. Atinius, who was tribune in 
b. c. 132. (Liv. Epit. 59 ; Plin. H.N. vii. 45.) 
But as the quaestnrship, at least in later times, 
was the office which persons held previously to 
the tribuneship, and as the quaestorship itself con- 
ferred upon a person the right of being present and 
expressing his opinion in the senate, the law of 
Atinius was in most cases superfluous. 

In their relation to other magistrates we may 
observe, that the right of intercessio was not con- 
fined to stopping a magistrate in his proceedings, 
but they might even command their viatores 
[Viator] to seize a consul or a censor, to im- 
prison him, or to throw him from the Tarpeian 
rock. (Liv. ii. 56, iv. 26, v. 9, ix. 34, Epit. 4U, 
55, 59 ; Cic de Isg. iii. 9, M Vntin. 9 ; Dion 
Cass, xxxvii. 50.) It is mentioned by Labeo and 
Varro (ap. Orll. xiii. 12) that the tribunes, when 
they brought an accusation against any one before 
the people, had the right of jrrrhrnsio, but not 
the right of voniliii, that is, they might command a 
person to be dragged by their viatores before tho 
comitia, but could not summon him. An attempt to 
account for this singularity is made by Gellius 
(/. c). They might, as in earlier times, propose n 
fine to lie inflicted upon the person accused before 
th( Comitia, but in some cases tin y dropped this 
proposal and treated the case as a capital one. 
( Liv. viii. 33, xxv. 4, xxvi. 3.) The college of 
tribunes had also the power of making edicts, us 



1152 



TRIBUNUS. 



TRIBIIS. 



that mentioned by Cicero (in Verr. ii. 41 ; corap. 
Gell. iv. 14 ; Liv. xxxviii. 52). In cases in which 
one member of the college opposed a resolution of 
his colleagues nothing could be done, and the 
measure was dropped ; but this useful check was 
removed by the example of C. Tiberius Gracchus, 
in which a precedent was given for proposing to 
the people that a tribune obstinately persisting in 
his veto should be deprived of his office. (Appian, 
de Bell. Civ. i. 12 ; Pint. Tib. Qracch. 11, 12, IS ; 
Cic. de Leg. iii. 10 ; Dion Cass, xxxvi. 13.) 

From the time of the Hortensian law the power 
of the tribunes had beer gradually rising to such a 
height that there was no other in the state to equal 
it, whence Velleius (ii. 2) even speaks of the im- 
perium of tribunes. They had acquired the right 
of proposing to the comitia tributa or the senate 
measures on nearly all the important affairs of the 
state, and it would be endless to enumerate the 
cases in which their power was manifested. Their 
proposals were indeed usually made ex auctoritate 
senatus, or had been communicated to and ap- 
proved by it (Liv. xlii. 2) ) ; but cases in which the 
people itself had a direct interest, such as a gene- 
ral legal regulation (Liv. xxi. 63, xxxiv. 1), the 
granting of the franchise (Liv. xxxviii. 36), the 
alteration of the attributes of a magistrate (Liv. 
xxii. 25, &c.), and others, might be brought before 
the people, without their having previously been 
communicated to the senate, though there are also 
instances of the contrary. (Liv. xxxv. 7, xxvii. 
5.) Subjects belonging to the administration 
could not be brought before the tribe3 without the 
tribunes having previously received through the 
consuls the auctoritas of the senate. This how- 
ever was done very frequently, and hence we have 
mention of a number of plebiscite, on matters of 
administration. (See a list of them in Walter, 
p. 132, n. 11.) It sometimes even occurs that the 
tribunes brought the question concerning the con- 
clusion of a peace before the tribes, and then com- 
pelled the senate to ratify the resolution as ex- 
pressing the wish of the whole people. (Liv. xxx. 
43, xxxiii. 25.) Sulla, in his reform of the con- 
stitution on the early aristocratic principles, left to 
the tribunes only the jus auxiliandi, but de- 
prived them of the right of making legislative or 
other proposals, either to the senate or the comi- 
tia, without having previously obtained the sanc- 
tion of the senate. [Tribus (Roman).] But 
this arrangement did not last, for Pompey restored 
to them their former rights. (Zachariae, L. Corn. 
Sulla, als Ordner des Rom. Freistaates, ii. p. 12, 
&c. and p. 99, &c.) 

During the latter period of the republic, when 
the office of quaestor was in most cases held im- 
mediately before that of tribune, the tribunes were 
generally elected from among the senators, and 
this continued to be the same under the empire. 
(Appian. de Bell. Civ. i. 100.) Sometimes, how- 
ever, equites also obtained the office, and thereby 
became members of the senate (Suet. Aug. 10, 40), 
where they were considered of equal rank with 
the quaestors. (Veil. Pat. ii. 111.) Tribunes of 
the people continued to exist down to the fifth 
century of our aera, though their powers became 
naturally much limited, especially in the reign of 
Nero. (Tacit. Annal. iii. 28.) They continued 
however to have the right of intercession against 
decrees of the senate, and on behalf of injured in- 
dividuals. (Tacit. Annal. xvi. 26, Hist. ii. 91, 



iv. 9 ; Plin. Epist. i. 23, ix. 13; comp. Becker, 
Handb. der Rom. Alterth. vol. ii. pt. ii. p. 247, &c.) 

4. TRIBUNI MILITUM CUM CONSULAR! POTE- 

state. When in 445 b. c. the tribune C. Canu- 
leius brought forward the rogation that the consul- 
ship should not be confined to either order (Liv. iv. 
1 ; Dionys. xi. 52), the patricians evaded the at- 
tempt by a change in the constitution : the powers 
which had hitherto been united in the consulship 
were now divided between two new magistrates, 
viz. the Tribuni militum cum consulari potestate and 
the censors. Consequently, in 444 B. c. three mi- 
litary tribunes, with consular power, were appointed, 
and to this office the plebeians were to be equally 
eligible with the patricians. (Liv. iv. 7 ; Dionys. 
xi. 60, &c.) For the years following however, 
the people were to be at liberty, on the proposal of 
the senate, to decide whether consuls were to be 
elected according to the old custom, or consular 
tribunes. Henceforth, for many years, sometimes 
consuls and sometimes consular tribunes were ap- 
pointed, and the number of the latter varied from 
three to four, until in 405 B. c. it was increased to 
six, and as the censors were regarded as their col- 
leagues, we have sometimes mention of eight tri- 
bunes. (Liv. iv. 61, v. 1 ; Diodor. xv. 50 ; Liv. 
vi. 27 ; Diodor. xv. 51 ; Liv. vi. 30.) At last, 
however, in 367 B. c. the office of these tribunes 
was abolished by the Licinian law, and the consul- 
ship was restored. The consular tribunes were 
elected in the comitia of the centuries, and un- 
doubtedly with less solemn auspices than the con- 
suls. Concerning the irregularity of their number, 
see Niebuhr, ii. p. 325, &c, p. 389, &c. ; comp. 
Gottling, p. 326, &c. ; Becker, Handb. der Rom. 
Alterth. vol. ii. pt. ii. p. 136, &c. 

5. Tribuni Militares. [Exercitus, pp. 
503, 504.] 

6. Tribunus Voluptatum, was an officer who 
does not occur till after the time of Diocletian, 
and who had the superintendence of all public 
amusements, especially of theatrical performances. 
(Cassiodor. Variar. vii. 10.) [L. S.] 

• TRIBUS {<pvXov, cpvAri). I.Greek. In the 
earliest times of Greek history mention is made of 
people being divided into tribes and clans. Homer 
speaks of such divisions in terms which seem to im- 
ply that they were elements that entered into the 
composition of every community. Nestor advises 
Agamemnon to arrange his army Kara <pv\a, Kara 
(pprfrpas, so. that each may be encouraged by the 
presence of its neighbours. (R. ii. 362.) A per- 
son not included in any clan (acppiji-wp), was re- 
garded as a vagrant or outlaw. (11. ix. 63.) These 
divisions were rather natural than political, de- 
pending on family connection, and arising out of 
those times, when each head of a family exercised 
a patriarchal sway over its members. The bond 
was cemented by religious communion, sacrifices 
and festivals, which all the family or clansmen 
attended, and at which the chief usually presided. 
The aggregate of such communities formed a po- 
litical society. (Aristot. Pol. i. 1 . § 7.) In the ages 
succeeding the heroic tribes and clans continued to 
exist, though in the progress of civilisation they 
became more extended, and assumed a territorial 
or political, rather than a fraternal character. The 
tribes were not in general distinctions between 
nobles and commons, unless the people were of 
different races, or unless there had been an acces- 
sion of foreigners, who were not blended with the 



TRIBUS. 



TRIBUS. 



1153 



original inhabitants. It is true, that in the com- 
mon course of things, nobles, or privileged classes, 
sprang up in various countries, by reason either of 
wealth, or of personal merit, or of descent from the 
ancient kings ; and that in some cases all the land 
was possessed by them, as by the Gamori of Syra- 
cuse (Herod. viL 155) ; sometimes their property 
was inalienable, as under our feudal law (Arist. 
Pol. ii. 4. § 4) ; and the Bacchiadae are an in- 
stance of a noble family, who intermarried only 
among themselves. (Herod, v. 92.) Still, how- 
ever, as a general rule, there was no decided sepa- 
ration of tribe, much less of caste, between nobles 
and commons of the same race. Nor was there 
any such distinction of a sacerdotal order. The 
priestly function was in early times united to that 
of the king (Arist. Pol. iii. 9. § 7) ; afterwards 
the priesthood of particular deities became here- 
ditary in certain families, owing either to a sup- 
posed transmission of prophetic power, as in the 
case of the Eumolpidae, Branchidae, Iamidac ; or 
to accidental circumstances, as in the case of Telines 
of Gela (Herod, vii. 153) ; but the priests were 
not separated, as an order, from the rest of the 
people. ( Wachsmuth, Hell. Alt. vol. i. pt- i. pp. 
76, 149, 1st. ed. ; Schbmann, Ant.jur. pulj. Or. p. 
79.) The most important distinctions of a class- 
like nature, between people living under the same 
government, arose in those countries that were con- 
quered by the migratory hordes of Thessalians, 
Boeotians, and Dorians, in the century subsequent 
to the heroic age. The revolutions which they 
effected, though varying in different places accord- 
ing to circumstances, had in many respects a uni- 
form character. The conquering body took pos- 
session of the country, and became its lords ; the 
original inhabitants, reduced to subjection, and 
sometimes to complete vassalage or se rvitude, re- 
mained a distinct people or tribe from the conquerors. 
The former built cities, usually at the foot of some 
citadel that had belonged to the ancient princes, 
where they resided, retaining their military dis- 
cipline and martial habits ; while a rural population, 
consisting principally of the former natives, but 
partly also of the less warlike of the invaders, and 
partly of fresh emigrants invited or permitted by 
them to settle, dwelt in the surrounding villages, 
and received the name of T\tpioiitoi. The condition 
of the Laccdai-monian ■xtp'wmoi is spoken of under 
I'hkioeci. A similar class arose in most of the 
countries so colonized, as in Argos, Corinth, Elis, 
Crete, Ate. (Herod, viii. 73 ; Thucvd. ii. 25 ; 
Xenoph. Hell. iii. 2. 8 23, 30 ; Pausan. iii. 8. § 3, 
viii. 27. § 1 ; Arist Pol. ii. 6. § 1, v. 2. § 8.) But 
their condition varied according to the manner in 
which the invaders effected their settlement, and 
other circumstances and events prior or subsequent 
to that time. In many places the new comer was 
received under a treaty, or upon more equitable 
tcrms, so that a union of citizenship would take 
place between them and the original inhabitants. 
This was the case in Elis, Mcssenia, Phlius, Troe 
zen. (Pausan. ii. 13. <j 1, v. 4. § 1 ; Thirl wall, 
///</. of firrrrr, vol. i. p. 312.) So tin- Cretans, 
who invaded Miletus, mingled with the ancient 
Carians, and the Ionians with the Cretans and 
Canons of Colophon. (Pausan. vii. 2. § 5, vii. 3. 
8 1.) In Mcgaro, the ruling class, after n lnpse of 
some time, amalgamated with the lower. (Thirl- 
wall, vol. i. p. 4.10.) In other places the iripiomoi 
were more degraded. Thus, in Sicyon they were 



compelled to wear sheep-skins, and called kcltw- 
vaKo<p6pos (Athenaeus vi 271) ; in Epidaurus 
they were styled Kovi-nottt, dusty-footed, a name 
which denoted their agricultural occupation, but 
was meant as a mark of contempt (MUller, Dor. 
iii. 4. § 2.) But in general they formed a sort 
of middle order between the ruling people and the 
serf or slave. Thus, in Anjos, there was a class of 
persons called Gymnesii or Gyninetes, corresponding 
to the Helots. [Gymnesii.] So in Thessaly, 
in the districts not immediately occupied bv the 
Thessalian invaders, there dwelt a population of 
ancient Aeolians, who were not serfs, like the fe- 
nestae [Pexestae], but only tributary subjects, 
who retained their personal liberty, though not ad- 
mitted to the rank of citizens. (Thirl wall, vol. i. 
p. 43fi ; Schbmann, Id. p. 401.) So also in Crete, 
there were the Dorian freemen, the wtpUuKOL or old 
inhabitants, similar to the Lacedaemonians, and the 
slaves. [Cosmi.] We may observe that the term 
Trtp/oiKOi is sometimes used in rather a different 
sense ; as when Xenophon gives that name to the 
Thespians, who were not subjects of the Thebans, 
as the Achaeans were of the Spartans. (Hell. v. 
4. § 46.) In some of the maritime states the con- 
dition of the subject classes was somewhat different ; 
they were suffered to reside more in the town ; as 
in Corinth, where they were artizans, at Tarentum, 
where they were fishermen. (Wachsmuth, vol. i. 
pt. i. p. 162 ; Schbmann, Id. pp. 80, 107.) 

The ruling people, thus remaining distinct from 
the rest, were themselves divided into tribes and 
other sections. Of the Dorian race there were 
originally three tribes, traces of which are found in 
all the countries which they colonized. Hence they 
are called by Homer Awpiees rpixaiices. (Od. 
xix. 177,) These tribes were the 'TAA€?s, Ilau. 
cpuAoi, and Avfi.av6.Tai or Avfiavts. The first de- 
rived their name from Hyllus, son of Hercules, the 
two last from Pamphylus and Dymas, who are said 
to have fallen in the last expedition when the 
Dorians took possession of the Peloponnesus. The 
Hyllcan tribe was perhaps the one of highest dig- 
nity ; but at Sparta there does not appear to have 
been much distinction, for all the freemen there 
were by the constitution of Lycurgus on a footing 
of equality. To these three tribes others were 
added in different places, either when the Dorians 
were joined by other foreign allies, or when some 
of the old inhabitants were admitted to the rank of 
citizenship or equal privileges. Thus the Cadmean 
Aegeids are said by Herodotus to have been a 
great tribe at Sparta, descended (as he says) from 
Aegcus, grandson of Theras (Herod, it. 149), 
though others have thought they were incorporated 
with the three Doric tribes. (Thirlwall, vol. i. pp. 
257, 268, 314.) At Argos, Aegina,and Epidaurus 
there was nn Hymcthian tribe besides the three 
Doric. (MUller, Acijin. p. 140.) In Sicyon Clcis- 
thencs having changed the ' names of the Doric 
tribes, to degrade and insult their members, and 
given to a fourth tribe, to which he himself be- 
longed, the name of Archclai, sixty years after his 
death tin Dorii names were restored, and a fourth 
tribe added, called AryiaA«'«t, from Aegialeus, son 
of the Argive hero Adrastus. (Herod, v. 68.) 
Eight tribes are mentioned in Corinth (Suidos, i. v. 
Uavra uktu), four in Tcgeo. (Pausan. viii. 58. 
§ 6.) In Elis there were twelve tribes, that were 
afterwards reduced to eight by a war with the Ar- 
cadians (I'aus. v. 9. § 6), from which tbey appear 
Ik 



1154 



TRIBUS. 



TRIBUS. 



to have been geographical divisions. (Wachsmuth, 
vol. ii. pt. i. p. 17.) Sometimes we find mention 
of only one of the Doric tribes, as of the Hylleans 
in Cydonia (Hesych. s. v. 'YAAeis), the Dymanes 
in Halicamassus ; which probably arose from co- 
lonies having been founded by the members of one 
tribe only. (Wachsmuth, vol. ii. pt. i. p. 15.) 

Of all the Dorian people the Spartans kept 
themselves the longest unmixed with foreign blood. 
So jealous were they to maintain their exclusive 
privileges, that they had only admitted two men 
into their body before the time of Herodotus. 
(Herod, is. 33, 35.) Afterwards their numbers 
were occasionally recruited by the admission of 
Laconians, Helots, and foreigners ; but this was 
done very sparingly, until the time of Agis and 
Cleomenes, who created large numbers of citizens. 
But we cannot further pursue this subject. (Scho- 
inann, Id. p. 114.) 

The subdivision of tribes into rpparpiat or irdrpai, 
yiv-q, Tp'iTTves, &c. appears to have prevailed in 
various places. (Wachsmuth, vol. ii. pt. i. p. 18.) 
A Sparta each tribe contained ten aSai, a word, 
like Kdfiai, denoting a local division or district ; 
each obe contained ten rpiatcdSes, communities con- 
taining thirty families. But very little appears to 
be known of these divisions, how far they were 
local, or how far genealogical. After the time of 
Cleomenes the old system of tribes was changed ; 
new ones were created corresponding to the different 
quarters of the town, and seem to have been five 
in number. (Schb'mann, Ant. Jur. Pub. p. 115 ; 
Miiller, Dor. iii. 5.) 

The four Ionian tribes, Teleontes or Geleontes, 
Hopletes, Argadenses, Aegicorenses, who are 
spoken of below in reference to Attica, were found 
also in Cyzicum. In Samos a (pvArj Airxp'auiri is 
mentioned by Herodotus (iii. 26), which was pro- 
bably a Carian race that mingled with the Ionians. 
In Ephesus five tribes are mentioned, of different 
races. With respect to these the reader is referred 
to Wachsmuth, vol. ii. pt. i. p. 16. 

The first Attic tribes that we read of are said 
to have existed in the reign, or soon after the reign, 
of Cecrops, and were called Cecropis (Ke/cpoim), 
Autochthon (AutoxCwp), Actaea ('Aktoi'o), and 
Paralia (JlapaXia). In the reign of a subsequent 
king, Cranaus, these names were changed to 
Cranais (Kpavdts), Atthis ('AtB'is), Mesogaea (Me- 
croyaia), and Diacris (AiaKpis). Afterwards we 
find a new set of names ; Dias (Aids), Athenais 
('A0»jvo»s ), Poddonias (UocreiSwvids), and Hephaes- 
tias ('HcfcuiTTids) ; evidently derived from the 
deities who were worshipped in the country. 
(Compare Pollux, viii. 109.) Some of those 
secondly mentioned, if not all of them, seem to 
have been geographical divisions ; and it is not 
improbable that, if not independent communities, 
they were at least connected by a very weak bond 
of union. But all these tribes were superseded by 
four others, which were probably founded soon 
after the Ionic settlement in Attica, and seem (as 
before observed) to have been adopted by other 
Ionic colonies out of Greece. The names Geleontes 
(Ythiovrzs), Hopletes ("OirAijres), Argades ('Ap- 
7c£8eis), Aegicores (Aryi/copeis), are said by Hero- 
dotus (v. 66) to have been derived from the sons 
of Ion, son of Xuthus. (Compare Eurip. Ton, 15.96, 
&c. ; Pollux, I. c.) Upon this, however, many 
doubts have been thrown by modern writers, who 
have suggested various theories of their own, more 



or less ingenious, to which reference will be found 
in the books cited below. It is impossible within 
our limits to discuss the question at any length. 
The etymology of the three last names would seem 
to suggest, that the tribes were so called from the 
occupations which their respective members fol- 
lowed ; the Hopletes being the armed men, or 
warriors ; the Argades, labourers or husbandmen ; 
the Aegicores, goatherds or shepherds. It is diffi- 
cult, however, to discover in the first name any such 
meaning, unless TeAeovrts, and not TeAeovres, be 
the true reading, in which case it has been sup- 
posed that this tribe might be a sacerdotal order, 
from TeXeiv, used in its religious sense ; or a 
peasantry who paid rent to the lords of the soil, 
from reAeTv, in the sense of to pay. Against the 
former of these interpretations it may be objected, 
that no trace of a priestly order is to be found in 
later times of Attic history ; and against the latter, 
that the Argades and the Teleontes would denote 
a similar class of people, unless we resort to another 
interpretation of the word Argades, viz. artisans, 
who would hardly constitute a distinct tribe in so 
early a period of society. It may be observed, 
however, that Argades and Aegicores may be taken 
to signify a local distribution of inhabitants, the 
former being the tillers of the ground, dwelling in 
the plain, the latter mountaineers ; and this agrees 
very well, not only with the known character of 
the country of Attica, but also with the division 
above mentioned as having existed in the reign of 
Cranaus, viz. Mesogaea and Diacris. There is no 
more difficulty in the one case than in the other, 
in supposing that some of the tribes were denomi- 
nated from their localities or occupations, while 
others owed their names to other circumstances. 
Argades and Aegicores might be the old inhabit- 
ants, according to their previous division ; while the 
other two tribes might be the Ionic settlers, 
Hopletes the most warlike portion of them, Gele- 
ontes the great body, so called from a son of Ion. 
Or the last might, as Schomann thinks, be the an- 
cient nobility, as distinguished from the Ionic 
settlers. Whatever be the truth with respect to 
the origin of these tribes, one thing is more certain, 
that, before the time of Theseus, whom historians 
agree in representing as the great founder of the 
Attic commonwealth, the various people who in- 
habited the country continued to be disunited and 
split into factions. 

Theseus in some measure changed the relations 
of the tribes to each other, by introducing a 
gradation of ranks in each ; dividing the people 
intoEi7raTpiSai, Vewp-opot, and A-qixiovpyoi, of whom 
the first were nobles, the second agriculturists or 
yeomen, the third labourers and mechanics. At 
the same time, in order to consolidate the national 
unity, he enlarged the city of Athens, with which 
he incorporated several smaller towns, made it the 
seat of government, encouraged the nobles to reside 
there, and surrendered a part of the royal prero- 
gative in their favour. The Tribes or Phylae 
were divided, either in the age of Theseus or soon 
after, each into three (pparpiai (a term equivalent 
to fraternities, and analogous in its political relation 
to the Roman Curiae), and each (pparpia into 
thirty yivn (equivalent to the Roman Gentes), the 
members of a yivos being called yswrtrai or 
5/j.oyaAa.KTes. Each yevos was distinguished by a 
particular name of a patronymic form, which was 
derived from some hero or mythic ancestor. We 



TRIBUS. 



TRIBUS. 



1155 



learn from Pollux (viii. Ill) that these divisions, 
though the names seem to import family connection, 
were in fact artificial ; which shows that some ad- 
vance had now been made towards the establish- 
ment of a closer political union. The members of 
the (pparpiai and yem) had their respective religious 
rites and festivals, which were preserved long after 
these communities had lost their political import- 
ance, and perhaps prevented them from being alto- 
gether dissolved. (Compare Niebuhr, Hist, of Rome, 
vol. i. p. 311, &c.) 

The relation between the four Ionic tribes and 
the three classes, into which Theseus divided the 
nation, is a difficult and perplexing question. It 
would appear from the statements of ancient writers 
on the subject that each of the four tribes was 
divided into Eupatridae, Geomori, and Demiurgi ; 
which is confirmed by the fact that the four 
ipvXoSaaiXiis, who were the assessors of the so- 
vereign, were all taken from the Eupatridae, but 
at the same time one from each tribe. [Piivlo- 
basileis.] This, as Thirlwall (Hist, of Greece, 
vol. ii. p. 10) has remarked, can only be conceived 
possible on the supposition, that the distinctions 
which originally separated the tribes had become 
merely nominal ; but Maiden (Hist, of Rome, p. 
140), who rejects the notion that the four Ionic 
tribes were castes deriving their name from their 
employment, supposes that the Tribes or Phylae 
consisted of the Eupatridae alone, and that the latter 
were divided into four Phylae like the patricians 
at Rome into three. The Geomori and Demiurgi 
had therefore, according to his supposition, nothing 
to do with the tribes. This view of the subject 
would remove many difficulties and is most in ac- 
cordance with the subsequent history and political 
analogies in other states, but seems hardly sup- 
ported by sufficient evidence to warrant us in re- 
ceiving it. 

After the age of Theseus, the monarchy having 
been first limited and afterwards abolished, the 
whole power of the state fell into the hands of the 
Kujmtridae or nobles, who held all civil offices, and 
had besides the management of religious affairs, and 
the interpretation of the laws. Attica became 
agitated by feuds, and we find the people, shortly 
before the legislation of Solon, divided into three 
parties, TltSiaiot or lowlanders, Aiowpioi or high- 
landers, and ndpoAoi or people of the sea coast. 
The two first remind us of the ancient division of 
tribes, Mesogaea and Diacris ; and the three par- 
ties appear in some measure to represent the classes 
established by Theseus : the first being the nobles, 
whose property lay in the champaign and most 
fertile part of the country; the second, the smaller 
landowners and shepherds ; the third, the trading 
and mining class, who had by this time risen in 
wealth and importance. To appease their discords, 
Solon was applied to ; and thereupon framed his 
celebrated constitution and code of laws. Here 
we have only to notice, that he retained the four 
tribes as he found them, but abolished the existing 
distinctions of rank, or at all events greatly di- 
minished their importance, by introducing his pro- 
perty qualification, or division of the people into 
II< > Tj.Kiinti>ui hiuvit, ' Ittit*?!, Zuryirai, and Orrrtt. 
The enactments of Solon continued to lie the law 
at Athens, though in great measure suspended by 
the tyranny, until the democratic reform effected by 
Cleisthenes. He abolished the old tribe., and CN 
ated ten new ones, according to a geographical divi- 



sion of Attica, and named them after ten of the an- 
cient heroes : Erechtheis, Aegeis, Pandionis, Leontis, 
Acamantis, Oeneis, Cecropis, Hippothoontis, Aean- 
iis, Antiochis. These tribes were divided each into 
ten Syfioi, the number of which was afterwards in- 
creased by subdivision ; but the arrangement was 
so made, that several Syuoi not contiguous or near 
to one another were joined to make up a tribe. 
[De.mus.] The object of this arrangement was, 
that by the breaking of old associations a perfect 
and lasting revolution might be effected, in the 
habits and feelings, as well as the political orga- 
nization of the people. He allowed the ancient 
(pparplai to exist, but they were deprived of all 
political importance. All foreigners admitted to 
the citizenship were registered in a Phyle and 
Demus, but not in a Pbratria or Genos ; whence 
Aristophanes (Ranae, 419, Aves, 7 Go) says, as a 
taunting mode of designating new citizens, that 
they have no phrators, or only barbarous ones 
(quoted by Niebuhr, vol. i. p. 31'2). The functions 
which had been discharged by the old tribes were 
now mostly transferred to the JSrj/ioi. Among others, 
we may notice that of the forty -eight vavupapiai 
into which the old tribes had been divided for the 
purpose of taxation, but which now became useless, 
the taxes being collected on a different system. The 
reforms of Cleisthenes were destined to be perma- 
nent. They continued to be in force (with some few 
interruptions) until the downfal of Athenian inde- 
pendence. The ten tribes were blended with the 
whole machinery of the constitution. Of the Senate 
of five hundred, fifty were chosen from each tribe. 
The allotment of HinaaTai was according to tribes; 
and the same system of election may be observed 
in most of the principal offices of state, judicial and 
magisterial, civil and military ; as that of the 8io«- 
TTjrai, KoyitTTai, irwkriTa'i, rafiiat, rnxo^otoi, (pu- 
Kapxot, o-rparnyoi, Sec. In B. c. 307 Demetrius 
Poliorcetcs increased the number of tribes to twelve 
by creating two new ones, namely Anlir/onias and 
Demetrius, which afterwards received the names 
of Rtolcmais and Attalis ; and a thirteenth was 
subsequently added by Hadrian, bearing his own 
name. (Plut. Demctr. 10; Paus. L 5. § 5; Pollux, 
viii. 110.) 

The preceding aecount is only intended as a 
brief sketch of the subject, since it is treated of 
under several other articles, which should be read 
in connection with this. [Civitas (Greek); 

DEMI'S ; PlIVLABCHI ; PlI YI.OBA.SILF.IS, &C.] 

(See Wachsmuth, vol. i. pt. i. pp. 224 — 240; 
Hermann, LehrLuch d. Griech. Stoats. §§ 24, 93, 91, 
111, 175, 17(i ; Schumann, Ant.jur.pul>. pp. 165, 
178, 200, 395 ; Thirlwall, vol. ii. pp. 1—14, 32, 
73.) [C. R. K.] 

2. Roman. The three ancient Romulian tribes, 
the Ranmcs, Tities, and Luceres, or the Rain- 
nenscs, Titienses, and Luccrenscs, to which the 
patricians alone belonged, must be distinguished 
from the thirty plebeian tribes of Servius Tullhis, 
which were entirely local, four for the city, and 
twenty-six for the country around Rome. The 
history and organization of the three ancient tribes 
is spoken of under I'athk ii. They continued of 
political importance almost down to the time of the 
decemviral legislation ; but after this time they no 
longer occur in the his ton,- of Rome, except as nn 
obsolete institution. 

The institution and organization of the thirty 
plebeian tribes, and their subsequent reduction to 
4 I 2 



1156 



TRIBUS. 



TRIBUTUM. 



twenty by the conquests of Porsenna, are spoken 
of under Plebes. The four city tribes were 
called by the same name as the regions which 
they occupied, viz. Suburana, Esquilina, Collina, 
and Palatina. (Varro, De Ling. Lot. v. 56. ; Festus, 
s. v. Urbanas tribus.) The names of the sixteen 
country tribes which continued to belong to Rome 
after the conquest of Porsenna, are in their -alpha- 
betical order as follow: Aemilia, Camilia, Cor- 
nelia, Fabia, Galeria, Horatia, Lemonia, Menenia, 
Papiria, Pollia (which Niebuhr, i. n. 977, thinks 
to be the same as the Poblilia, which was insti- 
tuted at a later time), Papiria, Pupinia, Romilia, 
Sergia, Veturia, and Voltinia. (Compare Gdttling, 
Gescli. d. Rom. Staatsv. p. 238.) As Rome gra- 
dually acquired possession of more of the sur- 
rounding territory, the number of tribes also was 
gradually increased. When Appius Claudius, 
with his numerous train of clients, emigrated to 
Rome, lands were assigned to them in the district 
where the Anio flows into the Tiber, and a new 
tribe, the tribus Claudia, was formed. This tribe, 
which Livy (ii. 1 6, if the reading is correct) calls 
vetus Claudia tribus, was subsequently enlarged, 
and was then designated by the name Crustumina 
or Clustumina. (Niebuhr, i. n. 1236.) This name 
is the first instance of a country tribe being named 
after a place, for the sixteen older ones all derived 
their names from persons or heroes who were in the 
same relation to them, as the Attic heroes called 
e-rravvfiot were to the Attic phylae. In B. c. 387, 
the number of tribes was increased to twenty-five 
by the addition of four new ones, viz. the Stella- 
tina, Tromentina, Sabatina, and Amiensis. (Liv. 
vi. 5 ; Niebuhr, ii. p. 575.) In 358 b. c. two 
more, the Pomptina and Publilia, were formed 
of Volscians. (Liv. vii. 15.) In b. c. 332, the 
Censors Q. Publilius Philo and Sp. Postumius 
increased the number of tribes to twenty-nine, by 
the addition of the Maecia and Scaptia. (Liv. viii. 
17.) In B. c. 318 the Ufentina and Falerina were 
added. (Liv. ix. 20.) In B.C. 299 two others, the 
Aniensis and Tercntina were added by the censors 
(Liv. x. 9), and at last, in b. c. 24 1 , the number of 
tribes was augmented to thirty-five, by the addition 
of the Qziirina and Velina. This number was never 
afterwards increased, as none of the conquered 
nations were after this incorporated with the so- 
vereign Roman state. (Liv. Epit. 19, i. 43.) When 
the tribes, in their assemblies, transacted any busi- 
ness, a certain order (ordo tribuum) was observed, 
in which they were called upon to give their votes. 
The first in the order of succession was the Subu- 
rana, and the last the Arniensis. (Cic. de Leg. Agr. 
ii. 29.) Any person belonging to a tribe had in 
important documents to add to his own name that of 
his tribe, in the ablative case. (Nomen, p. 802, b. 
Compare Becker, Handb. der Rom. Altcrth. vol. ii. 
pt. i. p. 164, &c.) 

Whether the local tribes, as they were established 
by the constitution of Servius Tullius, contained 
only the plebeians, or included the patricians also, 
is a point on which the opinions of modern scholars 
are divided. Niebuhr, Walter, and others, think 
that the patricians were excluded, as they had al- 
ready a regular organization of their own; Wachs- 
muth, Gerlach, Rein, Becker, and others, on the 
contrary, maintain that the patricians also were in- 
corporated in the Servian tribes ; but they allow, at 
the same time, that by far the majority of the people 
in the assemblies of the tribes were plebeians, and 



that hence the character of these assemblies was es- 
sentially plebeian ; especially as the patricians, being 
so few in numbers, and each of them having no more 
influence in them than a plebeian, seldom attended 
the meetings of the tribes. The passages, however, 
which are quoted in support of this opinion, are 
partly insufficient to prove the point (as Liv. ii. 56, 
60 ; Dionys. ix. 41), and partly belong to a later 
period, when it certainly cannot be doubted that 
the patricians belonged to the tribes. We must 
therefore suppose, with Niebuhr, that down to the 
decemviral legislation the tribes and their assem- 
blies were entirely plebeian. 

The assemblies of the tribes (comitia tributa), as 
long as they were confined to the plebeians, can 
scarcely have had any influence upon the affairs of 
the state : all they had to do was to raise the tri- 
butum, to hold the levies for the armies, and to 
manage their own local and religious affairs. [Tri- 
bunus; Plebes.] (Fest. s. vv. Jugarius, Publica 
sacra, Sobrium ; Varro, de Ling. Lot. vi. 24 ; Cic. 
pro Dom. 28 ; Macrob. Sat. i. 4. 16.) Their 
meetings were held in the forum, and their sphere 
of action was not extended by the establishment of 
the republic. The first great point they gained 
was through the lex Valeria, passed by Valerius 
Publicola. [Leges Valeriae.] But the time 
from which the increase of the power of the co- 
mitia of the tribes must be dated, is that in which 
the tribuni plebis were instituted (494 b. a). 
During the time of the decemviral legislation the 
comitia were for a short time deprived of their 
influence, but we have every reason to believe that 
immediately after, probably by this legislation it- 
self, the comitia tributa, instead of a merely ple- 
beian, became a national assembly, inasmuch as 
henceforth patricians and freeborn clients were in- 
corporated in the tribes, and thus obtained the 
right of taking part in their assemblies. (Liv. iv. 
24, v. 30, vi. 18, xxix. 37.) This new con- 
stitution of the tribes also explains the otherwise 
unaccountable phenomena mentioned in the article 
Tribunus, that patricians sought the protection of 
the tribunes, and that on one occasion even two of 
the tribunes were patricians. From the latter fact 
it has been inferred, with great probability, that 
about that time attempts were made by the patri- 
cians to share the tribuneship with the plebeians. 
But notwithstanding the incorporation of the patri- 
cians in the tribes, the comitia tributa remained 
essentially plebeian, as the same causes, which 
would have acted, had the patricians been included 
in the tribes by Servius Tullius, were still in ope- 
ration ; for the patricians were now even fewer in 
number than two centuries before. Hence the old 
name of plebiscitum, which means originally a re- 
solution of the plebes only, although in a strict 
sense of the word no longer applicable, was still 
retained, as a resolution of the comitia tributa was 
practically a resolution of the plebes, which the 
patricians, even if they had voted against it unani- 
mously, could not have prevented. Moreover, 
owing to this, the patricians probably attended the 
comitia tributa very seldom. For a more detailed 
account of the comitia tributa, see Comitia tri- 
buta. [L. S.] 
TRIBU'TA COMI'TIA [Comitia.] 
TRIBUTO'RIA A'CTIO. [Servus, p. 1037.] 
TRIBU'TUM is a tax which, as Niebuhr (Hist, 
of Rome, i. p. 468) supposes, was at first paid only 
by the plebeians, since the name itself is used by 



TRIBUTUM. 

the ancients in connection with the Servian tribes ; 
for Varro (de Ling. Lat. v. 181 J says " tributum 
dictum a tribubus," and Livy (i. 43) " tribus ap- 
pellatae a tributo." But this seems to be only par- 
tially correct, as Livy (iv. 60) expressly states that 
the patres also paid the same tax. It is indeed 
true, that the patricians had little real landed pro- 
perty, and that their chief possessions belonged to 
the ager publicus, which was not accounted in the 
census as real property, and of which only the 
tithes had to be paid, until at a late period an al- 
teration was attempted by the Lex Thoria. (Appian, 
de Bell. Civ. i. 27.) But there is no reason for 
supposing that the patricians did not pay the tri- 
butum upon their real property, although the 
greater part of it naturally fell upon the plebeians. 
(Liv. iv. 60, v. 10.) The impost itself varied ac- 
cording to the exigencies of the state, and was 
partly applied to cover the expenses of war, and 
partly those of the fortifications of the city. (Liv. 
vi. 32.) The usual amount of the tax was one for 
every thousand of a man's fortune (Liv. xxiv. 15, 
xxxix. 7, 44), though in the time of Cato it was 
raised to three in a thousand. The tributum was 
not a property tax in the strict sense of the word, 
for the accounts respecting the plebeian debtors 
clearly imply, that the debts were not deducted in 
the valuation of a person's property, so that he had 
to pay the tributum upon property which was not 
his own, but which he owed, and for which he had 
consequently to pay the interest as well. It was 
a direct tax upon objects without any regard to 
their produce, like a land or house tax, which in- 
deed formed the main part of it. (Niebuhr, i. p. 
581.) That which seems to have made it most 
oppressive, was its constant fluctuation. It was 
raised according to the regions or tribes instituted 
by Servius Tullius, and by the tribunes of these 
tribes subsequently called tnbuni aerarii (Dionys. 
iv. 14, 15.) Dionysius, in another passage (iv. 19) 
states that it was imposed upon the centuries ac- 
cording to their census, but this seems to be a mis- 
take, as the centuries contained a number of ju- 
niores who were yet in their fathers' power, and 
consequently could not pay the tributum. It was 
not like the other branches of the public revenue let 
out to farm, but being fixed in money it was 
raised by the tribunes, unless (as was the case 
after the custom of giving pay to the soldiers was 
introduced) the soldiers, like the equites, de- 
manded it from the persons themselves who were 
bound to pay it. [An EQCESTRK and HORDE- 
arii;m.] VVhen this tax was to be paid, what 
sum was to be raised, and what portion of every 
thousand asses of the census, were matters upon 
which the senate alone had to decide. But when 
it was decreed, the people might refuse to pay it 
when they thought il too heavy, or unfairly dis- 
tributed, or hoped to gain some other advantage by 
the refusal. (Liv. v. 12.) In later times the 
senate sometimes left its regulation to the censors, 
who often fixed il very arbitrarily. No citizen 
was exempt from it, but wc find that the priests, 
nugurs, and pontiffs made attempts to get rid of it, 
but this was only an abuse which did not last. 
(Liv. xxxiii. 42.) In cases of great distress, when 
the tributum was not raised according to the 
census but to supply the momentary wants of 
the republic, it was designated by the name of 
Triliulun Trmerarium. ( Kest. ». r. Trihutorum cot- 
(atiunrm.) After the war with Macedonia (b. c:. 



TRICLINIUM. 1157 

147), when the Roman treasury was filled with the 
revenues accruing from conquests and from the 
provinces, the Roman citizens became exempted 
from paying the tributum (Cic. de Off. ii. 22 ; Plin. 
H. N. xxxiii. 17), and this state of things lasted 
down to the consulship of Hirtius and Pansa (43 
B. c ; Plut Aem. Paul. 38), when the tributum 
was again levied on account of the exhausted state 
of the aerarium. (Comp. Cic. ad Fam. xii. 30, 
I Philip, ii. 37.) After this time it was imposed 
j according to the discretion of the emperors. 

Respecting the tributum paid by conquered 
countries and cities, see Vectigalia. Comp. 
Hegewisch, Versuch fiber die Rom. Finanzen, Al- 
tona 1 804 ; Bosse, Grundzuije des Finanzwesens 
' in Rom. Stoat, Braunschweig 1803. [L. S.] 
TRICLI NIUM, the dining-room of a Roman 
house, the position of which, relatively to the other 
parts of the house, is explained in p. 428. It was 
of an oblong shape, and according to Vitruvius (vi. 
3. § 8) ought to be twice as long as it was broad. 
The same author (§ 10) describes triclinia, evi- 
dently intended to be used in summer, which were 
open towards the north, and had on each side a 
window looking into a garden. The " house of the 
Tragic Poet" at Pompeii, and also that of Actaeon, 
appear to have had summer dining-rooms opening 
to the viridarium. The woodcut at p. 562 shows 
the arrangement of the three couches (lecti, KAiVai), 
from which the triclinium derived its name. They 
also remain in the " House of Actaeon," being built 
of stone. 

The articles LsCTOS, Torus and Pul vinak, con- 
tain accounts of the furniture used to adapt these 
couches for the acculxitio, i. e. for the act of reclining 
during the meal. When so prepared for an en- 
tertainment they were called triclinia strata (Caes. 
B. C. iii. 92 ; comp. Athen. ii. pp. 47, 48), and 
they were made to correspond with one another in 
substance, in dimensions, and in shape. (Varro, 
L. L. ix. 47, cd. Mull ex.) As each guest leaned 

; during a great part of the entertainment upon his 
left elbow, so as to leave the right arm at liberty, 
and as two or more lay on the same couch, the 
head of one man was near the breast of the man 
who lay behind him, and he was therefore said to 
lie in the bosom of the other. (Plin. Epist. iv. 22.) 
Among the Romans, the usual number of persons 
occupying each couch was three, so that the three 
couches of a triclinium afforded accommodation for 
a party of nine. It was the rule of Varro (Gelliug 
xiii. II), that the number of guests ought not to 
be less than that of the Graces, nor to exceed that 

' of the Muses. Sometimes however, as many as 
four lay on each of the couches. (Hor. Sat. i. 4. 
86.) Among the Greeks it was usual for only 
two persons to recline on each couch. [Coena, 
p. 305, a.] 

In such works of ancient art as represent a sym- 
posium, or drinking-party, we always observe that 
the couches arc elevated above the level of tho 
table. This circumstance throws some light upon 
Plutarch's mode of solving the problem respecting 
the increase of room for the guests as they pro- 
ceeded w ith their meal. (.Sym/««. v. 6.) Kach man 
| in order to feed himself lay flat upon his breast or 
nearly so, and stretched out his hand towards the 
t table ; but afterwards, when his hunger was satis- 
j fied, he turned upon hit left side, leaning on his 
i elbow. To this Horace alludes in describing a 
| person sated with a particular dish, and taming 
i 8 3 



1158 



TRICLINIUM. 



TRIERARCHIA. 



in order to repose upon his elbow. (Sat. ii. 4. 
39.) 

We find the relative positions of two •persons 
who lay next to one another, commonly expressed 
by the prepositions super or supra and infra. A 
passage of Livy (xxxix. 43), in which he relates 
tlie cruel conduct of the consul L. Quintius Flami- 
ninus, shows that infra aliquem cubare was the 
same as in sinu alicujus cubare, and consequently 
that each person was considered as below him to 
whose breast his own head approached. On this 
principle we are enabled to explain the denomina- 
tions both of the three couches, and of the three 
places on each couch. 



lectus medius 





imus 
medius 
summus 




summus 
medius 
imus 


6 5 4 

7 3 

8 2 

9 1 


imus 
medius 
summus 



Supposing the annexed arrangement to represent 
the plan of a Triclinium, it is evident that, as each 
guest reclined on his left side, the countenances of 
all when in this position were directed, first, from 
No 1 towards No 3, then from No. 4 towards No. 
6, and lastly, from No 7 towards No. 9 ; that the 
guest No. 1 lay, in the sense explained, above No. 
2, No. 3 below No. 2, and so of the rest ; and that, 
going in the same direction, the couch to the right 
hand was above the others, and the couch to the 
left hand below the others. Accordingly the fol- 
lowing fragment of Sallust (ap. Serv. in Virg. 
Aen. i. 698) contains the denominations of the 
couches as shown on the plan : " Igitur discu- 
buere : Sertorius (i.e. No. 6) inferior in medio; 
super eum L. Fabius Hispaniensis senator ex pro- 
scriptis ( N~o. 5) : in summo Antonius (No. 1) ; et 
infra scriba Sertorii Versius (No. 2) : et alter scri- 
ba Maecenas (No. 8) in imo, medius inter Tarqui- 
nium (No. 7) et dominum Perpernam (No. 9)." 
On the same principle, No. ] was the highest place 
(Locus summus) on the highest couch ; No. 3 was 
Locus imus in lecto summo ; No. 2 Locus medius 
in lecto summo ; and so on. It will be found that 
in the following passage (Hor. Sat. ii. 8. 20 — 23) 
the guests are enumerated in the order of their ac- 
cubation — an order exhibited in the annexed dia- 
gram. 





Vibidius 
Maecenas 
Servilius 




Nomentanus 
Nasidienus 
Porcius 


^Mens^^ 


Varius 
Viscus 
j Fundanius 



Fundanius, one of the guests, who was at the top 
relatively to all the others, says, 

" Summus ego, et prope me Viscus Thurinus, et 
infra, 

Si meraini, Varius : cum Servilio Balatrone 
Vibidius, quos Maecenas adduxerat umbras. 
Nomentanus erat super ipsum, Porcius infra." 



It is possible that Maecenas ought to be in the 
place No. 4 instead of No 5, since the entertain- 
ment was given more especially in honour of him, 
and No. 4 was an honourable place. The host 
himself, Nasidienus, occupies the place No. 8, 
which was usually taken by the master of the feast, 
and was a convenient situation for giving directions 
and superintending the entertainment. Unless 
there be an exception in the instance of No. 4, it is 
to be observed that at each table the most honour- 
able was the middle place. (Virg. Aen. i. 698.) 

The general superintendence of the dining-room 
in a great house was intrusted to a slave called iri- 
cliniarcha, who, through the instrumentality of other 
slaves of inferior rank, took care that every thing 
was kept and proceeded in proper order. [J. Y.] 

TRIDENS. [Fuscina.] 

TRIENS. [As.] 

TRIERA'RCHIA (rptnpapxia). This was 
one of the extraordinary war services or liturgies 
[Lbiturgia] at Athens, the object of which was 
to provide for the equipment and maintenance of 
the ships of war belonging to the state. The per- 
sons who were charged with it were called Tpiripap- 
X°h or Trierarchs, as being the captains of Tri- 
remes, though the name was also applied to persons 
who bore the same charge in other vessels. It ex- 
isted from very early times in connection with the 
forty-eight naucraries of Solon, and the fifty of 
Cleisthenes : each of which corporations appears 
to have been obliged to equip and man a vessel. 
(Comp. Naucraria : Lex Rhet. p. 283.) Under 
the constitution of Cleisthenes the ten tribes were 
at first severally charged with five vessels. This 
charge was of course superseded by the later 
forms of the Trierarchy, explained in the course of 
this article. 

I. The services to which the Trierarchs were liable. 
What these were previously to 358 B. c. there can 
be no doubt ; the vessel was furnished by the state, 
though sometimes a wealthy and patriotic indivi- 
dual served in his own ship. Cleinias, for instance, 
did so at Artemisium (Herod, viii. 17), but as it is 
particularly recorded that this ship was his own, 
we may infer, that he supplied at his own cost 
what the state was bound to provide. The same 
custom prevailed during the Peloponnesian war 
also. The 100 ships prepared and reserved at the 
beginning of the war, for any critical emergency, 
were supplied by the state. (Thucyd. ii. 24.) In 
the expedition against Sicily (Id. vi. 31) the state 
furnished the hull of the vessel (vavv tcevoLv), and 
the pay of the crews, a drachma per day for each 
man : but the equipment of the ships was at the 
cost of the Trierarchs, who also gave eirupopai 
(Pollux, iii. .94), or additional pay to secure the 
best men. The same conclusions are also deduci- 
ble from the credit which a Trierarch takes to him- 
self for saving his vessel, when the city lost her 
ships at Aegospotami (Isocr. c. Callim. 382) : 
and from the further statement that he paid 
the sailors out of his own pocket. From the 
threat of Cleon (Aristoph. Equit. 916) that he 
would (as ~2,rpaTr\y6s) make an adversary a Trier- 
arch, and give him an old ship with a rotten 
mast (lariov aairpov), it appears that the state 
furnished the hull and mast also, but that the Trier- 
arch was bound to keep and return them in good 
repair : an obligation expressed in the inscriptions 
quoted by Bbckh (Urkunden uber das Seewesen des 
Attischen Staates, p. 197), by the phrase, Se? rr\v 



TRIERARCH I A. 



TRIERARCHIA. 



1159 



vaw 56kihov xal ivT(\rj irapaZovvai. Conse- 
quently the statement in the oration against Mi- 
dias (p. 564. 22) that when Demosthenes was quite 
young (b. c. 364) the Trierarchs paid all the ex- 
penses themselves (to avaKtZfuna e« rav 15'iav) 
only implies that they defrayed the expenses which 
were customary at that time, and which were after- 
wards diminished by the regulation of the sym- 
moriae ; but not that they supplied the ship, or 
pay and provisions for the crew. The whole ex- 
penditure, says Bdckh, means nothing more than 
the equipment of the vessel, the keeping it in repair, 
and the procuring the crew which was attended 
with much trouble and expense, as the Trierarchs 
were sometimes obliged te give bounties in order to 
induce persons to serve, foreign sailors not being 
admissible. From the oration of Demosthenes 
against Polycles (b. c. 361), we learn the following 
particulars about the Trierarchy of that time. 
The Trierarchs were obliged to launch their ship ; 
the sailors were supplied from particular parishes 
(fifinot), through the agency of the demarchi ; but 
those supplied to Apollodorus the client of Demos- 
thenes were but few and inefficient, consequently 
he mortgaged his estate (viro8(7vat T-rjv outjlav), 
and hired the best men he could get, giving great 
bounties and premiums (npoSoaas). He also 
equipped the vessel with his own tackle and furni- 
ture, taking nothing from the public 6tores (in ruv 
S-qnoaluy ovSin t\a€ov. Compare the Speech on 
the Crown of the Trierarchy, p. 1220). Moreover 
in consequence of his sailors deserting when he 
was out at sea, he was put to additional and heavy 
expenses in hiring men at different ports. The 
provision money for the sailors (anripiawv) was 
provided by the state, and paid by the strategi, 
and so generally speaking was the pay for the 
marines (^lrifiaTcu) : but Demosthenes' client only 
received it for two months, and as he served for 
five months more than his time, (from the delay of 
his successor elect,) he was obliged to advance it 
himself for fifteen months, with but an uncertain 
prospect of repayment. Other circumstances are 
mentioned which made his Trierarchy very expen- 
sive, and the whole speech is worth reading, as 
showing the unfairness and hardship to which a rich 
man was sometimes subjected as a Trierarch. The 
observation that he took no furniture from the public 
■tores, proves that at that time (b. c. 361), the 
triremes were fitted out and equipped from the 
public stores, and consequently by the state j but 
as we learn from other passages in Demosthenes, 
and the inscriptions in Biickh ( L'rkunden, No. iii.), 
the Trierarchs were obliged to return in good con- 
dition any articles which they took; in default of 
doing so they were considered debtors to the state. 

That the ship's furniture was either wholly or in 
part supplied by the state, also appears from an- 
other speech (c Eurry. el Mnetilj. 1146): but 
Trierarchs did not always avail themselves of their 
privilege in this respect, that they miijht have no 
trouble in settling with the state. It is evident 
then, that at the time referred to (about B.C 360), 
the only expenses binding upon the Trierarchs were 
those of keeping in repair the ship and the ship's 
furniture ; but even these might be very consider- 
able, especially if the nliip were old. or ."<|.o».i| to 
hard service and rough weather. Moreover, some 
Trierarch*, whether from ambitions or patriotic 
motives, put themselves to unnecessary expense in 
fitting out anil rigging their ships, from which the 



state derived an advantage. Sometimes, on the 
other hand, the state suffered, by the Trierarchs 
performing their duties at the least possible ex- 
pense, or letting out their Trierarchy (waBiaai 
ttiv KeiTovpyiap) to the contractor who offered the 
lowest tender. (Dem. tie Coron. Trierar. 1230.) 
One consequence of this was, that the duties were 
inadequately performed ; but there was a greater 
evil connected with it, namely, that the contractors 
repaid themselves by privateering on their own 
account, which led to reprisals and letters of marque 
being granted against the state. (Svlae : Dem. 
Id. 1231.) It seems strange that the Athenians 
tolerated this, especially as they were sometimes 
inconsistent enough to punish the Trierarchs who 
had let out their Trierarchy, considering it as a 
desertion of post (Aeiiroro^iof, Id. 1230). 

We may here observe, that the expression in 
Isaeus {de Apoll. Hered. 67), that a Trierarch 
" had his ship made himself" [rr\v vavv iroi-na&nt- 
vov), does not mean that be was at the cost of 
building it (vainrrryntTa^tvos), but only of fitting 
it up and getting it ready for sea. That the ships 
always belonged to the state, is further evident 
from the fact that the senate was intrusted with 
the inspection of the ship-building (Dem. c. Amlrot. 
599. 13) ; and is placed beyond all doubt by the 
" Athenian Navy List" of the inscriptions in 
Biickh. (Urlcunden, &c.) Some of the ships there 
mentioned are called dveiriKXypuiToi, whence it ap- 
pears that the public vessels were assigned by lot 
to the respective Trierarchs. A -rpi^p-ns imSoot- 
fios was a ship presented to the state as a free gift, 
just as Tp'Jpy itriiovvai means to present the state 
with a trireme (Dem. c. Mid. 566, 568). The 
duration of a Trierarchy was a year, and if any 
Trierarch served longer than his legal time, he 
could charge the extra expenses (to iniTpcnpdp- 
X1M<>) to his successor. To recover these expenses 
an action ((ntrpnipapxrinaTos Siicn) might be 
brought against the successor, of which we have 
an example in the speech of Apollodorus against 
Polycles, composed by Demosthenes for the former. 

II. On tlie expenses of the Trierarchy. These 
would of course depend upon circumstances ; but 
except in extraordinary cases, they were not more 
than 60, nor less than 40 niinae : the average was 
about 50. Thus about the year B. c. 360, a whole 
Trierarchy was let out for 40 minae ; in later 
times the general amount of a contract was 60. 
(Dem. c. Mill. 539, 564. 20, de Coron. 260, 262.) 

III. On (he different forms of the Trierarchy. 
In ancient times one person bore the whole charge, 
afterwards it was customary for two persons to 
share it, who were then called Syntrierarchs (auv- 
rpirjpapxoi). When this practice was first intro- 
duced is not known, but Biickh conjectures that it 
was about the year 412 B. c, after the defeat of 
the Athenians in Sicily, when the union of two 
persons for the Choregia was first permitted. The 
most ancient account of a sj ntrierarchy is later 
than 410 (Lys. c. Diogit. 907, 909), and we meet 
with one so late as n. 0. 3511, the year of the Athe- 
nian expedition into Kulioea. (Dem. c. ,\fid. 566. 
24.) The syntrierari hy to which we allude was 
indeed a voluntary service (tvitooif), but there 
can be little doubt that it was suggested by the 
ordinary practice of that time ; mid even under the 
next form of the service, two Trierarchs were 
sometimes employed for the immediate direction of 
the Trierarchy. The sy ntrierarchy, however, did 

4 I 4 



1160 



TRIERARCHIA. 



TRIERARCHIA. 



not entirely supersede the older and single form, 
being only meant as a relief in case of emergency, 
when there was not a sufficient number of wealthy 
citizens to bear the expense singly. Numerous 
instances in fact occur of single Trierarchies, be- 
tween 410 and 358 b. c, and in two passages of 
Isaeus (de Dicaeog. Her. 54, de Apoll. 67), refer- 
ring to this period, the single and double Trierar- 
chy are mentioned as cotemporaneous. Apollo- 
dorus also was sole Trierarch (Dem. c. f~olycl.) so 
late as B. c. 36 1 . In the case of a syntrierarchy 
the two Trierarchs commanded their vessel in turn, 
six months each (Id. 1219), according as they 
agreed between themselves. 

The third form of the Trierarchy was connected 
with, or suggested by, the syntrierarchy. In B. c. 
358, the Athenians were unable to procure a suffi- 
cient number of legally appointed Trierarchs, and 
accordingly they summoned the volunteers. This, 
however, was but a temporary expedient ; and as 
the actual system was not adequate to the public 
wants, they determined to manage the Trierarchy 
somewhat in the same way as the property taxes 
[Eisphora], namely, by classes or symmoriae, 
according to the law of Periander passed, as Bockh 
shows, in the year 358, and which was the pri- 
mary and original enactment on the subject. With 
this view 1200 awreAeis, or partners (Dem. c. 
Mid. 564) were appointed, who were probably the 
wealthiest individuals of the state, according to the 
census or valuation. These were divided into 20 
avufiopiat, or classes ; out of which a number of 
persons (aw/xaTa) joined for the equipment or ra- 
ther the maintenance and management of a ship, 
under the title of a owreAeia (Harpocr. s. v.) or 
union. Sometimes, perhaps, by special enactment, 
when a great number of ships was required, a 
synteleia of this kind consisted of four or five 
wealthy individuals, who bore jointly the ex- 
penses of one trireme (Harpocr. s. v. ~S,vjX)iopia.) ; 
but generally to every ship there was assigned a 
synteleia of fifteen persons of different degrees of 
wealth, as we may suppose, so that four only were 
provided for by each symmoria of sixty persons. 

These synteleiae of fifteen persons each seem to 
hare been also called symmoriae by Hyperides. 
( Harpocr. s. v. ; compare Dem. de Symmor. 183.) 
It appears, however, that before Demosthenes 
carried a new law on this subject (b. c. 340), it 
had been customary for sixteen persons to unite in 
a synteleia or company for a ship (Dem. pro 
Cor. 261), who bore the burden in equal shares. 
This being the case it follows, either that the 
members of the symmoriae had been by that time 
raised from 1200 to 1280, or that some alterations 
had taken place in their internal arrangements, of 
which no account has come down to us. (Bockh, 
Urkunden, &c. p. 181.) From the phrase iic twv df 
to?s X&xois 0"i/VT6A6ic£j/, used in the KaTtxAo-yos (de 
Cor. 261), it would also seem that the word \6%oi 
was used of civil as well as military divisions, and, 
in this instance, of the symmoriae. The superin- 
tendence of the whole system was in the hands of 
the 300 wealthiest members, who were therefore 
called the " leaders of the symmoriae " (rjyefioves 
twv avnp.opi£v), on whom the burdens of the trier- 
archy chiefly fell, or rather ought to have fallen. 
(Dem. pro Cor. 329, c. Euerg. et Mnesib. 1145.) 
The services performed by individuals under this 
system appear to have been the same as before: 
the state still provided the ship's tackle (i. e. the 



SBovia Kal o-Tv-rrma nal axoivia, and other things), 
and some stringent enactments were made to com- 
pel the Trierarchs to deliver it up according to the 
inventory taken of it (to Sidypa/x/xa rwv tricevuiv), 
either at Athens or to their successors sent out by 
the symmoriae. This conclusion, that the vessel 
was equipped by the state, is confirmed by De- 
mosthenes (de Symmor. 183. 17), and in the ora- 
tion against Midias (/. c.) he says, referring to the 
system of the symmoriae, that the state provided 
the crews, and the furniture. The only duty then 
of the Trierarchs under this system was to keep 
their vessels in the same repair and order as they 
received them. But even from this they managed 
to escape : for the wealthiest members, who had to 
serve for their synteleia, let out their Trierarchies 
for a talent, and received that amount from their 
partners (trvvreAeTs), so that in reality they paid 
next to nothing, or, at any rate, not what they 
ought to have done, considering that the Trierarchy 
was a ground of exemption from other liturgies. It 
does not appear from the orators how the different 
synteleiae appointed the Trierarchs who were to 
take charge of their vessels ; but it was probably 
left to themselves without being regulated by any 
legal enactment. The evils and irregularities of 
the symmoriae are thus (rhetorically perhaps) 
described by Demosthenes : " I saw your navy 
going to ruin, and the rich escaping with little 
cost, and persons of moderate income losing their 
property, and the city losing the opportunities of 
action, and the triremes not being equipped in 
sufficient time to meet an emergency, and therefore 
I proposed a law, &c." The changes he meant to 
effect by it are related in his oration concerning 
the symmoriae (b. c. 354), and are as follow : he 
proposed to add 800 to the 1200 cuvTeAris, making 
the whole 2000, so that, subtracting all those who 
could claim exemption as minors, orphans, &c, 
there might always remain 1200 persons (awfiara) 
to serve. These were to be divided into 20 sym- 
moriae of 60 each, as under the old system : each 
of these was to be subdivided into five divisions of 
12 persons each, one-half rich and the other poor 
(avTavairkypiZv), so as to form altogether 100 
smaller symmoriae. The number of triremes, ac- 
cording to this scheme, was to be 300, classed in 
20 divisions of 15 ships : each of these divisions 
was to be assigned to one of the 20 larger sym- 
moriae, so that each of the smaller would receive 
3 ; and in case of 300 ships being required, four 
Trierarchs would be appointed to each. More- 
over, each of the greater symmoriae was to receive 
the same amount of the public stores for equip- 
ment, in order that they might apportion it to the 
smaller classes. With a view to levying the crews, 
■and for other purposes, the generals were to divide 
the dockyards into ten parts for 30 ships' stations 
(vet&aoiKoi) adjacent to each other ; and to assign 
each of these parts to a tribe, or two large sym- 
moriae of 30 ships. These ten parts were to be 
subdivided into thirds, each of which was to be 
assigned to a third part (rptTTvs) of the tribe to 
whom the whole was allotted, so that each third 
would receive ten ships. Whether this scheme 
was put into practice does not appear, but it seems 
that it was not, for the mismanagement of the Trier- 
archy appears to have continued till Demosthenes 
carried his law about the " Trierarchy according to 
the Valuation." One of the chief evils connected 
with it was, that the triremes were never equipped 



TRIERARCHIA. 

in time ; and as Demosthenes (Phil. 50) complains 
of this, in b. c. 352, we may conclude that his 
proposal fell to the ground. But these evils were 
too serious to remain without a remedy ; and 
therefore when the orator was the eiri^rarris tov 
vavrtKOv or the superintendent of the Athenian 
navy, he brought forward and carried a law for 
altering and improving the system of the symmo- 
riae and companies, the members of which no 
longer called themselves Trierarchs, but partners 
(<twt(\(Ts) (Id. de Cor. 260), thereby introducing 
the '"Fourth form of the Trierarchy." The provisions 
of the law were as follow. The naval services re- 
quired from every citizen were to depend upon 
and be proportional to his property, or rather to 
his taxable capital (riu-nna, see Eisphora), as 
registered for the symmoriae of the property taxes, 
the rate being one trireme for every ten talents of 
taxable capital, up to three triremes and one auxi- 
liary vessel (virnpiaiov) for the largest properties ; 
u c. no person, however rich, could be required 
to furnish more. Those who bad not ten talents 
in taxable capital were to club together in synte- 
leiae till they had made up that amount ; and if 
the valuation of the year of Xausinicus (b. c. 379) 
was still in force, the taxable capital (for the high- 
est class) was one-fifth of the whole. By this law 
great changes were effected. All persons paying 
taxes were rated in proportion to their property, 
so that the poor were benefitted by it, and the 
state likewise: for, as Demosthenes (de Cor. 261) 
says, those who had formerly contributed one- 
sixteenth to the Trierarchy of one ship were now 
Trierarchs of two, in which case they mu6t either 
have served by proxy, or done duty in successive 
years. He adds that the consequences were highly 
beneficial. During the whole war, carried on after 
the law was in force, no Trierarch implored the aid 
of the people ( UeT-npiav (6t)k( ), or took refuge in 
a temple, or was put into prison by the persons 
whose duty it was to dispatch the fleet (oi okooto- 
At7i), nor was any trireme lost at sea, or lying 
idle in the docks for want of stores and tackle, as 
under the old system, when the service (to Aei- 
Tovpyuv) fell on the poor. The duties and services 
to which the Trierarchs were subject under the 
new law were probably the same as under the 
third form of the Trierarchy, the symmoriae. 

On the relation which, in this system, the cost 
Of a Trierarchy bore to the property of a Trierarch 
Brick h makes the following remarks, which may 
be verified by a reference to Eisphora. " If we 
reckon that, as formerly, it cost about a talent, the 
total expense of the Trierarchs. for 1 00, 200, or 300 
triremes amounted to an equal number of talents, 
or a sixtieth, a thirtieth, and a twentieth of the 
valuation of Attica : i. c. for the first class one-third, 
two-thirds, and one per cent of their property: 
for the poorer a proportionally less amount : and of 
the annual incomes taken as a tenth part of the 
property, fij, and 1 per cent, for the most 
wealthy. But we may reckon that Athens at that 
time had not more than 100 or 200 triremes at 
sea, very seldom 300 ; so that this war-tax did not 
for the richest class amount on an average to more 
than one-third, and two-thirds per cent, of their 
property." 

This arrangement of Demosthenes was cnlculntcd 
for 300 triremes, for which number 300 persons 
serving in person would be necessary ; so that the 
chief burden must have fallen upon the leaders of 



TRIERARCHIA 



1161 



the former symmoriae. The year of passing this 
law Bockh fixes at B. c. 340 or 339. How long it 
remained in force is uncertain. In the speech for 
the crown (ac. 330), where much is said on the 
subject of the Trierarchy, it is neither mentioned 
that the law was in existence, nor that it was 
repealed ; but Demosthenes (p. 329) says that 
Aeschines had been bribed by the leaders of the 
symmoriae to nullify it. 

It appears then that the Trierarchy, though the 
most expensive of the liturgies, was not of neces- 
sity oppressive, if fairly and economically managed, 
though this, as has been before observed, was not 
always the case. (Demosth. c. Polyc.) 

With respect to the amount of property which 
rendered a man liable to serve a Trierarchy or syn- 
trierarchy, Bockh observes, " 1 am aware of no 
instance of liability arising from a property of less 
value than 500 minae, and as an estate of one or 
two talents never obliged the possessor to the per- 
formance of any liturgy ( Dem. c. Aphob. p. 833), 
the assertion of Isaeus (de Dicaeop. Hered. p. 54) 
that many had served the office of Trierarch whose 
property was not more than 80 minae, obliges us 
(if true) to suppose that public-spirited individuals 
were sometimes found to contribute to a Trierarchy 
(rather perhaps to a syutrierarchy) out of a very 
small property." 

The disadvantages which in later times resulted 
from the Trierarchs not being ready for sea by the 
time for sailing, were in early times prevented by 
their appointments being made beforehand ; as was 
the case with the Trierarchs appointed to the 100 
ships which were reserved at the beginning of the 
Peloponnesian war against an attack upon Athens 
by sea. 

The appointment to serve under the first and 
second forms of the Trierarchy was made by the 
strategi (Demosth. c. Lacr. 940. 16), and in case 
any person was appointed to serve a Trierarchy, 
and thought that any one else (not called upon) 
was better able to bear it than himself, he offered 
the latter an exchange of his property [ANTIDOSIE] 
subject to the burden of the Trierarchy. 

In cases of extreme hardship, persons became 
suppliants to the people, or fled to the altar of 
Artemis at Munychia, If not ready in time, they 
were sometimes liable to imprisonment (tvoxoi Sta- 
Dem. de Cor. 262. 15). Thus on one occasion 
(Dem. dc Cor. Trier. 1229. 6), the Trierarchs were 
by a special decree subjected to imprisonment, if 
they were not off the pier (x<i/» a ) by the end of 
the month ; on the contrary, whoever got his ship 
ready first, was to be rewarded with the "crown 
of the Trierarchy ;" bo that in this way consi- 
derable emulation and competition were produced. 
Moreover, the Trierarchs were vntvOuvoi, or liable 
to be called to account for their expenditure ; 
though they applied their own property to thu 
service of the suite. (Bern. c. l'olye. 1222. II ; 
Aeschin. c. Clesip/i. 56.) But they also received 
money out of the treasury for various disburse- 
ments, as the pay of the soldiers and sailors, nnd 
the extra hands (vm\p*aia) : thus, on one occasion, 
each Trierarch is stated to have received 30 minae, 
«i» JxlirAijvy. ( Dun.//, ('nr. Trirr. 1231. 14.) Thu 
Trierarchs may olso have been considered uir«ufli'- 
foi, from being required to show that they had 
performed their duties properly. The- Sacred Tri- 
reme*, the I'arnlus and the .Salamis, had special 
treasurers [Ta.miasJ appointed to them (PoUufc 



1162 



TRIERARCIIIA. 



TRIPOS. 



viii. 116) ; and, on the authority of Ulpian (ad 
Dem. c. Mid. 686), it has been believed that the 
state acted as Trierarch for each of them ; but in 
the inscriptions quoted by Bdckh ( Urkunden, &c, 
p. 169), no difference is made between the Trier- 
archs of the Paralus and other vessels, and there- 
fore it would seem that the state appointed Trier- 
archs for them as well as for other vessels, and 
provided out of the public funds for those expenses 
only which were peculiar to them. 

IV. On the exemptions from the Trierarchy. — 
By an ancient law, in force B. c. 355 (Dem. c. 
Lept.), no person (but minors or females) could 
claim exemption from the Trierarchy, who were of 
sufficient wealth to perform it, not even the de- 
scendants of Harmodius and Aristogiton. But 
from Isaeus (De Apoll. Hered. 67) it appears 
that in the time of the single Trierarchy no person 
could be compelled to serve a second time within 
two years after a former service (Svo Itij 8iaAi7iw). 
The nine archons also were exempt, and the Trier- 
archy was a ground of exemption from the other 
liturgies, any of which, indeed, gave an exemption 
from all the rest during the year next following 
that of its service. (Dem. c. Lept. 459, 464.) 

But all property was not subject to the service, 
as we learn from Demosthenes (De Symm. 182. 
14), who tells us that a person was exempt, if 
aZvvaros, or unable to serve from poverty ; so 
also were " wards, heiresses, orphans, cleruchi, and 
corporate bodies." Of course an heiress could only 
claim exemption while unmarried. Wards also 
were free from all liturgies, during their minority, 
and for a year after their SoKt/xaaia. (Lysias, c. 
Diogit. 908.) By KAypovxot, are meant colonists, 
who, while absent by the command of the state, 
could not perform a Trierarchy. The Tct koivoiviko. 
admits of a doubt, but it probably means the pro- 
perty of joint tenants, as brothers or coheirs, which 
had not yet been apportioned to them (Pollux, 
viii. 184), or it may refer to monies invested in 
partnership. Moreover, though the proper duration 
of a Trierarchy was a year, it was legally dissolved 
if the general furnished no pay to the soldiers, 
or if the ship put into the Peiraeeus, it being then 
impossible to keep the sailors together. (Dem. c. 
Polyc. 1209.) 

V. On the legal proceedings connected with the 
Trierarchy. — These were either between individual 
Trierarchs, or between Trierarchs and the state, 
and therefore in the form of a Diadicasia. They 
generally arose in consequence of a Trierarch not 
delivering up his ship and her rigging in proper 
order, either to his successor or to the state. If he 
alleged that the loss or damage of either happened 
from a storm, he was said <TK7)tyaa<)ai Kara, xsi^wca 
awoXwhtvat, and if his plea were substantiated, 
i8o%ev e'c t£> SiKaarripioj k. t. A. Vessels or furni- 
ture on which a trial of this kind had been held, 
were said to be SiaSiSiKaafneva. 

The presidency of the courts which tried matters 
of this sort was vested in the strategi, and some- 
times in the superintendents of the dockyard, 
in conjunction with the airoaToAus. The senate 
also appears to have had a judicial power in these 
matters: e.g. we meet in various inscriptions with 
the phrase o'ISe tcov Tpi7jpapx«e, S>v eh'nrXoiarzv ri 
f}ouXri tt)v rpiijpT). Bb'ckh conjectures that the 
Trierarchs of whom this is said had returned their 
ships in such a condition, that the state might have 
called upon them to put them in thorough repair, or 



to rebuild them, at a cost for an ordinary trireme of 
5000 drachmae. Supposing that they were not re- 
leased from this liability by any decree of a court 
of justice, and that the rebuilding was not com- 
pleted, he conceives that it must have been com- 
petent (in a clear and flagrant case) for the senate 
to have inflicted upon them the penalty of twice 
5000 drachmae, the technical phrase for which was 
" doubling the trireme." (Urkunden, &c. p. 228.) 

The phrase li/xoAoyrjaef Tpa\pt\ Kaiv^v dTToSoiaeiv, 
which occurs in inscriptions, does not apply to an 
undertaking for giving a new trireme, but merely 
for putting one in a complete state of repair. 

The phrase <t>a'wetv ir\otov (Dem. c. Lacr. 941), 
to lay an information against a vessel, is used not 
of a public ship, but of a private vessel, engaged 
perhaps in smuggling or privateering. (Bb'ckh, Publ. 
Econ. of Alliens, pp. 541—576, 2d ed.) [R. W.] 
TRIEROPOII (Tptriporroioi). [Navis, p. 
785, a.] 

TRIGON. [Pila.] 
TRILIX. [Tela, p. 1102, b.] 
TRINU'NDINUM. [Nundinae.] 
TRIO'BOLON. [Dicastes, p. 402, b.] 
TRIO'BOLUS. [Drachma.] 
TRIPLICA'TIO. [Actio, p. 12, a.] 
TRIPOS (i-purou?), a tripod, i. e. any utensil 
or article of furniture supported upon three feet. 
More especially 

I. A three-legged table. [Mensa.] The first 
woodcut, at p. 308, shows such a table in use. 
Its three supports are richly and tastefully orna- 
mented. Various single legs (trapezophora, Cic. 
ad Earn, vii. 23), wrought in the same style out 
of white marble, red porphyry, or other valuable 
materials, and consisting of a lion's-head or some 
similar object at the top, and a foot of the same 
animal at the bottom, united by intervening foliage, 
are preserved in the British Museum (Combe, 
Ancient Marbles, i. 3, i. 13, iii. 38) and in other 
collections of antiquities. The tripod used at en- 
tertainments to hold the Crater had short feet, 
so that it was not much elevated. These tables 
were probably sometimes made to move upon 
castors. (Horn. II. xviii. 375). 

II. A pot or caldron, used for boiling meat, 
and either raised upon a three-legged stand of 
bronze, as is represented in the woodcut, p. 827, 
or made with its three feet in the same piece. 
Such a utensil was of great value, and was some- 
times offered as a prize in the public games (xxiii. 
264, 702, 703). 

III. A bronze altar, not differing probably in 
its original form from the tall tripod caldron already 
described. In this form, but with additional or- 
nament, we see it in the annexed woodcut, which 
represents a tripod found at Frejus. (Spon, Misc. 
Erud. Ant. p. 1 1 8.) That this was intended to be 
used in sacrifice may be inferred from the bull's- 
head with a fillet tied round the horns, which we 
see at the top of each leg. 

All the most ancient representations of the 
sacrificial tripod exhibit it of the same general 
shape, together with three rings at the top to serve 
as handles (ovara, Horn. II. xviii. 378). Since it 
has this form on all the coins and other ancient 
remains, which have any reference to the Delphic 
oracle, it has been with sufficient reason concluded 
that the tripod, from which the Pythian priestess 
gave responses, was of this kind. The right- 
hand figure in the woodcut is copied from one 



TRIPOS. 



TRIUMPH US. 



11C3 



published by K. 0. Miiller (Biittiger's Amalthea, 
i. p. 119), founded upon numerous ancient au- 




thorities, and designed to show the appearance 
of the oracular tripod at Delphi. Besides the 
parts already mentioned, viz. the three legs, the 
three handles, and the vessel or caldron, it shows 
a flat, round plate, called oAjuos, on which the 
Pythia seated herself in order to give responses, 
and on which lay a laurel wreath at other times. 
This figure also shows the position of the Cortina, 
which, as well as the caldron, was made of very 
thin bronze, and was supposed to increase the 
prophetic sounds which came from underneath the 
earth. ( Virg. Aen. iii. 92.) 

The celebrity of this tripod produced innu- 
merable imitations of it (Diod. xvi. 26), called 
"Delphic tripods." (Athen. v. p. 199.) They 
were made to be used in sacrifice, and still more 
frequently to be presented to the treasury both 
in that and in many other Greek temples. (Athen. 
vi. pp. 231, t— 232, d. ; Paus. it. 32. § 1.) 
[Don aria.) Tripods were chiefly dedicated to 
Apollo (Paus. iii. If!. § 5) and to Bacchus. Partly 
in allusion to the fable of the rape of a tripod from 
Apollo by Hercules, and the recovery of it by the 
former (Paus. iii. 21. § 7, x. 13. § 4), the tripod 
was one of his usual attributes, and therefore 
occurs continually on coins and ancient marbles 
which have a relation to him. Of this we have an 
example in the bas-relief engraved on p. 1 17, which 
also exhibits two more of his attributes, the lyre 
and the serpent. In conformity with the same 
ideas it was given as a prize to the conquerors at 
the Pythian and other games, which were cele- 
brated in honour of Apollo. (Herod, i. 1 14.) On 
the other hand, the theatre at Athens being con- 
sidered sacred to Bacchus, the successful Cho- 
ragus received a bronze tripod as the appropriate 
prize. The choragic monuments of Thrasvllusand 
Lysicrates, the ornamental fragments of which arc 
now in the British Museum, wen- erected by them 
to preserve and display the tripods awarded to 
them on such occasions. We find also that a 
tripod was sometimes consecrated to the Muses 
(lies. Op. et Du», 658) and to Hercules. (Paus. 
x. 7. § 80 

A tripod, scarcely less remarkable than that 
from which the Pythia delivered oracles, and con- 
secrated to Apollo in the same temple at Delphi, 
was that made from the spoils of the Persian army 



after the battle of Plataeae. It consisted of a 
golden bowl, supported by a three-headed bronze 
serpent (Herod, ix. 81 ; Thucyd. i. 132 ; Schol. 
in loc. ; Paus. x. 1 3. § 5 ; Gyllius, Top. Const, ii. 13; 
Banduri, Imp. Orient, t. ii. p. 614.) The golden 
bowl having been removed, the bronze serpent was 
taken to Constantinople, and is probably the same 
which was seen there by Spon and Wheler in 
1675. The first figure in the annexed wood-cut 
is copied from Wheler's engraving of it. (Journey 
into Greece, p. 1 Bo.) He says it wa3 about four- 
teen or fifteen feet high. 




The use of bronze tripods as altars evidently 
arose in a great degree from their suitableness to 
be removed from place to place. We have an ex- 
ample of this mode of employing them in the scene 
which is represented in the woodcut on p. 1045. 
To accommodate them as much as possible to this 
purpose, they are sometimes made to fold together 
into a small compass by a contrivance, which may 
be understood from an inspection of the preceding 
woodcut The right-hand figure represents a tripod 
in the British Museum. A patera, or a plain me- 
tallic disk, was laid on the top, when there was 
occasion to offer incense. Many of these movable 
folding tripods may be seen in Museums, proving 
how common they were among the Romans. 

Another species of tripods deserving of notice 
are those made of marble or hard stone. One 
was discovered in the villa of Hadrian, five feet 
high, and therefore unsuitable to be used in sacri- 
fice. It is very much ornamented, and was pro- 
bably intended merely to l»c displayed ns a work 
of art (Cavlus, Hrcueil, ii. pi. 58.) [J. Y.] 
TRIPIJ'DU'M. [Ak.i r, pp. 175, b., 176, a.] 
TRIRE'MIS. [Navis.] 
THITAdoMSTKS. [Histrio.] 
THITTY A (rpiTTiia). [Sacrificiim, p.1000.] 
TRITTYS (toittwi). [Triiiis, p. 1154.] 
TxUUMPHUS, a solemn procession in which 
a victorious general entered the city in a chariot 
drawn by four horses. He was preceded bv tho 
captives and spoils taken in war, was followed by 
his troops, and after passing in state along the Via 
Sacra, ascended the Capitol to offer sacrifice in tho 
temple of Jupiter. 



11C4 TR1UMPHUS. 



TRIUMPHUS. 



Such displays have been so universal among all 
warlike tribes from the earliest times, and are so 
immediately connected with some of the strongest 
passions of the human heart, that it would be as 
useless as it is impossible to trace their origin his- 
torically. It is scarcely necessary to advert to the 
fancies of those ancient writers, who refer their first 
institution to the mythic conquests of Bacchus in 
the East (Diodor. iv. 5 ; Plin. H. N. vii. 57), nor 
need we attach much importance to the connection 
between triumphus and SipiafiSos, according to the 
etymology doubtingly proposed by Varro (L. L. vi. 
68, ed. Miiller). Rejoicings after a victory, ac- 
companied by processions of the soldiery with their 
plunder, must have been coeval with the existence 
of the Romans as a nation, and accordingly the 
return of Romulus with spolia opima after he had 
defeated the Caeninenses and slain Aero their king, 
is described by Dionysius (ii. 34 ; compare Prop, 
iv. 1. 32) with all the attributes of a regular 
triumph. Plutarch {Rom. 16) admits that this 
event was the origin of and first step towards the 
triumph of after times, but censures Dionysius for 
the statement that Romulus made his entrance in 
a quadriga, which he considers disproved by the 
fact that all the triumphal (rpoiraiocpopovs) statues 
of that king, as seen in his day, represented him on 
foot. He adds that Tarquinius Priscus, according 
to some, or Poplicola, according to others, first 
triumphed in a chariot ; and in corroboration of this 
we find that the first triumph recorded by Livy 
(i. 38 ; compare Flor. i. 5 ; Eutrop. i. 6) is that over 
the Sabines by Tarquinius, who according to Ver- 
rius (Plin. H. N. xxxiii. 19) wore upon this oc- 
casion a robe of cloth or gold. Whatever conclusion 
we may form upon these points, it is certain that 
from the first dawn of authentic history down to 
the extinction of liberty a regular triumph (justus 
triumphus) was recognized as the summit of military 
glory, and was the cherished object of ambition to 
every Roman general. A triumph might be granted 
for successful achievements either by land or sea, 
but the latter were comparatively so rare that we 
shall for the present defer the consideration of the 
naval triumph. 

After any decisive battle had been won, or a 
province subdued by a series of successful opera- 
tions, the Imperator forwarded to the senate a 
laurel-wreathed despatch (literae laureatae, Zonar. 
vii. 21 ; Liv. xlvi. 1 ; Plin. H. N. xv. 40) con- 
taining an account of his exploits. If the intelli- 
gence proved satisfactory the senate decreed a public 
thanksgiving. [Supplicatio.] This supplication 
was so frequently the forerunner of a triumph, that 
Cato thinks it necessary to remind Cicero that it 
was not invariably so. (Cic. ad Fain. xv. 5. ) After 
the war was concluded the general with his army 
repaired to Rome, or ordered his army to meet him 
there on a given day, but did not enter the city. 
A meeting of the senate was held without the 
walls, usually in the temple of Bellona {e.g. Liv. 
xxvi. 21, xxxvi. 39) or Apollo (Liv. xxxix. 4), 
that he might have an opportunity of urging his 
pretensions in person, and these were then scru- 
tinized and discussed with the most jealous care. 
The following rules and restrictions were for the 
most part rigidly enforced, although the senate 
assumed the discretionary power of relaxing them 
in special cases. 

1. That no one could be permitted to triumph 
unless he had held the office of dictator, of consul, 



or of praetor. (Liv. xxviii. 38, xxxi. 20.) Hence 
a triumph was not allowed to P. Scipio after he 
had expelled the Carthaginians from Spain, because 
he had commanded in that province " sine ullo 
magistrate" (Val. Max. ii. 8. §5; Liv. I.e.) 
The honours granted to Pompey, who triumphed 
in his 24th year (b. c. 81), before he had held 
any of the great offices of state, and again ten 
years afterwards, while still a simple eques, were 
altogether unprecedented. (Liv. JSpit. 89 ; Cic. 
pro Leg. Man. 21 ; Veil. Pat. ii. 30 ; Val. Max. 
viii. 15. § 8 ; Plut. Pomp. 12, 22 ; Dion Cass, 
xxxvi. 8.) 

2. That the magistrate should have been actually 
in office both when the victory was gained and 
when the triumph was to be celebrated. This re- 
gulation was insisted upon only during the earlier 
ages of the commonwealth. Its violation com- 
menced with Q. Publilius Philo, the first person to 
whom the senate ever granted a " prorogatio im- 
perii" after the termination of a magistracy (Liv. 
viii. 26), and thenceforward proconsuls and pro- 
praetors were permitted to triumph without question 
(Liv. xxxix. 45, xl. 25, 34), although for a consi- 
derable time the event was of rare occurrence. It 
was long held, however, that it was necessary for 
the " prorogatio imperii " to follow immediately 
upon the termination of the magistracy, for a 
triumph was refused to L. Lentulus, who succeeded 
P. Scipio in Spain, on the ground that, although 
he had been formerly praetor, his imperium had 
not been continued uninterruptedly from the period 
when the command expired, but had been renewed 
" extra ordinem " after a lapse of some years. 
(Liv. xxxi. 20.) But towards the close of the 
republic this principle was entirely abandoned. 
Consuls and praetors seldom quitted the city until 
their term of office had ceased, and when at any 
subsequent period they entered upon the govern- 
ment of a province, either in regular rotation or 
" extra ordinem," they enjoyed the full status and 
all the privileges of proconsuls and propraetors. 
The position of Pompey when sent against the 
pirates and afterwards against Mithridates, and of 
Cicero when he went to Cilicia, will be sufficient 
to illustrate this without multiplying examples. 

3. That the war should have been prosecuted 
or the battle fought under the auspices and in the 
province and with the troops of the general seek- 
ing the triumph (Liv. xxxi. 48, xxxiv. 10 ; Val. 
Max. ii. 8. § 2), and hence the triumph of the 
praetor Furius (Liv. xxxi. 49) was considered ir- 
regular and imperfect. Thus if a victory was 
gained by the legatus of a general who was absent 
from the army, the honour of it did not belong to 
the former, but to the latter, inasmuch as he had 
the auspices. 

4. That at least 5000 of the enemy should have 
been slain in a single battle (Val. Max. ii. 8. § 1), 
that the advantage should have been positive and 
not merely a compensation for some previous dis- 
aster (Oros. v. 4), and that the loss on the part of 
the Romans should have been small compared with 
that of their adversaries. (Liv. xxxiii. 22.) By a 
law of the tribunes L. Marius and M. Cato penal- 
ties were imposed upon all Imperatores who should 
be found guilty of having made false returns to the 
senate, and it was ordained that so soon as they 
returned to the city they should be required to 
attest the correctness of such documents upon oath 
before the city quaestor. (Val. Max. /. c.) It is 



TBIUMPHUS. 



TRIL'MPHUS. 



116.5 



clear that these provisions could never have existed 
during the petty contests with which Rome was 
full}' occupied for some centuries ; and even when 
wars were waged upon the most extensive scale we 
find many instances of triumphs granted for gene- 
ral results, without reference to the numbers slain 
in any one engagement (e. g. Liv. viii. 26, xl. 38). 

5. That the war should have been a legitimate 
contest against public foes (justis hostilibusrjue bellis, 
Cic. pro Deiot. 5), and not a civil contest. Hence 
Catulus celebrated no triumph over Lepidus, nor 
Antonius over Catiline, norCinna and Marius over 
their antagonists of the Sullan party, nor Caesar 
after Pharsalia, and when he did subsequently 
triumph after his victory over the sons of Pompey 
it caused universal disgust. Hence the line in 
Lucan (i. 12) : 

" Bella geri placuit nullos habitura triumphos." 

(See Val. Max. ii. 8. § 7 ; Dion Cass, xliii. 42 ; 
Plut. Cues. 56.) [Ovatio.] 

6. That the dominion of the state should have 
been extended and not merely something previously 
lost regained. Hence Fulvius, who won back 
Capua after its revolt to Hannibal, did not receive 
a triumph. (Val. Max. /. c. ; compare Liv. xxxi. 5, 
xxxvi. 1.) The absolute acquisition of territory 
does not appear to have been essential. (Duker, 
ail Liv. xxxi. 5.) 

7. That the war should have been brought to a 
conclusion and the province reduced to a state of 
peace so as to permit of the army being withdrawn, 
the presence of the victorious soldiers being consi- 
dered indispensable in a triumph. In consequence 
of this condition not being fulfilled an ovation only 
was granted to Marcellus after the capture of Syra- 
cuse (Liv. xxvi. 21, compare xxviii. 29, xxx. 48) 
and to L. Manlius upon his return from Spain. 
(Liv. xxxix. 29.) We find an exception in Liv. 
xxxi. 48, 49, but this and similar cases must be 
regarded as examples of peculiar favour. (See also 
Tacit Ann. i. .55, compared with ii. 41.) 

The senate claimed the exclusive right of delibe- 
rating upon all these points and giving or with- 
holding the honour sought (Liv. iii. 63 ; Polyb. 
vi. 13), and they for the most part exercised the 
privilege without question, except in times of great 
political excitement. The sovereignty of the peo- 
ple, however, in this matter was asserted at a very 
early date, and a triumph is said to have been 
voted by the tribes to Valerius and Horatius, the 
consuls of B. c. 446, in direct opposition to the re- 
solution of the fathers (Liv. iii. 63 ; Dionys. xi. 
50), and in a similar manner to C. Marcius Rutilus 
the first plebeian dictator ( Liv. v ii. 17). while L. 
Postumius Megellus, consul B. C 294, celebrated a 
triumph, although resisted by the senate and seven 
out of the ten tribunes. (Liv. x. 37.) Nay more, 
we rend of a certain Appius Claudius, consul B. c 
1 13, who having persisted in celebrating a triumph 
in defiance of both tin- senate and people, was ac- 
companied by his daughter (or sister) Claudia, a 
vestal virgin, and by her interposition saved from 
being draggrd from his chariot bv :i iriKiin-. i < >r>... 
v. 4 ; Cic. pro. Cod. 14 ; Val. Max. v. 4. § 6 ; Suet. 
7Tfc ■_'.) A disappointed general, however, seldom 
ventured to resort to such violent measures but 
satisfied himself with going through the forms on 
the Alban Mount, a practice first introduced by 
('. Papirius Maso, and thus noticed in the Capito- 
line Fasti: C. I'.wirium Maso to*. UK CoMUS 



PBJDMUG IN* MONTE ALBAN'O III. NONAS MaRT. 

an. DXXII. (Plin. ff.X. xv. 38.) His example 
was followed by Marcellus (Liv. xxvi. 21 ; Plut. 
Marc. 22), by Q. Minucius (Liv. xxxiii. 23), and 
by many others, so that Livy (xlii. 21 ) after men- 
tioning that the senate had refused a triumph to 
Cicereius (praetor B. c. 173) adds, ''in nionte Al- 
bano, quod jam in morem venerat, triumphavit." 
(See also Liv. xlv. 38.) 

If the senate gave their consent they at the 
same time voted a sum of money towards defraying 
the necessary expenses (Polyb. vi. 13), and one 
of the tribunes "ex auctoritate senatus" applied 
for a plebiscitum to permit the Imperator to retain 
his imperium on the day when he entered the city. 
(Liv. xlv. 35, xxvi. 21.) This last form could 
not be dispensed with either in an ovation or a 
triumph, because the imperium conferred by the 
comitia curiata did not include the city itself, and 
when a general had once gone forth " paludatus " 
his military power ceased as soon as he re-entered 
the gates, unless the general law had been pre- 
viously suspended by a special enactment ; and in 
this manner the resolution of the senate was, as it 
were, ratified by the plebs. [Imperil.m ; PaLV- 
da mentum.) For this reason no one desiring a 
triumph ever entered the city until the question 
was decided, since by so doing he would ipso facto 
have forfeited all claim. We have a remarkable 
example of this in the case of Cicero, who after his 
return from Cilicia lingered in the vicinity of Rome 
day after day, and dragged about his lictors from 
one place to another, without entering the city, in 
the vain hope of a triumph. 

Such were the preliminaries, and it only now 
remains to describe the order of the procession. 
This in ancient days was sufficiently simple. The 
leaders of the enemy and the other prisoners were 
led along in advance of the general's chariot, the 
military standards were carried before the troops 
who followed laden with plunder, banquets were 
spread in front of every door, and the populace 
brought up the rear in a joyous band, filled with 
good cheer, chanting songs of victory, jeering and 
bantering as they went along with the pleasantries 
customary on such occasions. (Liv. iii. 29.) But 
in later times these pageants were marshalled with 
extraordinary pomp and splendour, and presented 
a most gorgeous spectacle. Minute details would 
necessarily be different according to circumstances, 
but the general arrangements were as follow. When 
the day appointed had arrived the whole population 
poured forth from their abodeB in holiday attire, 
some stationed themselves on the steps of the pub- 
lic buildings in the forum and along the Via Sacra, 
while others mounted scaffoldings erected for the 
purpose of commanding a view of the show. The 
temples were all thrown open, garlands of flowers 
decorated every shrine and image, and incense 
smoked on every altar. (Plut. Aemil. Paul. 32 ; 
Dion Cass, lxxiv. 1.) Meanwhile the Imperator 
called an assembly of his soldiers, delivered an 
oration commending their valour, and concluded bv 
distributing rewards In the most distinguished and 
a sum of nmney to each individual, the amount de- 
pending on the value of the spoils. He then as- 
cended hit triumphal enr and advanced to the 
Porta Triumphnlis (where this gntc was is a ques- 
tion which we cannot here discuss ; see Cic. in /'if. 
28 ; But Oclav. 101 ; Joscphus, U. ./. vii. 21), 
where he was met by the whole body of the matt 



1166 



TRIUMPHUS. 



TRIUMPHUS. 



headed by the magistrates. The procession then 
defiled in the following order. 

1. The Senate headed by the magistrates. (Dion 
Cass. li. 21 ; Serv. ad Virg. Aen. 543.) 2. A body 
of trumpeters. 3. A train of carriages and frames 
(Josephus, B. J. vii. 24) laden with spoils, those 
articles which were especially remarkable either on 
account of their beauty or rarity being disposed in 
such a manner as to be seen distinctly by the 
crowd. (Suet. Jul. 37.) Boards were borne aloft 
on fercula, on which were painted in large letters 
the names of vanquished nations and countries. 
Here, too, models were exhibited in ivory or wood 
(Quinctil. vi. 3) of the cities and forts captured 
(Plin. v. 5), and pictures of the mountains, rivers, 
and other great natural features of the subjugated 
region, with appropriate inscriptions. Gold and 
silver in coin or bullion, arms, weapons, and horse 
furniture of every description, statues, pictures, 
vases, and other works of art, precious stones, 
elaborately wrought and richly embroidered stuffs, 
and every object which could be regarded as valu- 
able or curious. 4. A body of flute-players. 5. The 
white bulls or oxen destined for sacrifice, with 
gilded horns, decorated with infulae and serta, at- 
tended by the slaughtering priests with their im- 
plements, and followed by the Camilli bearing in 
their hands paterae and other holy vessels and in- 
struments. 6. Elephants or any other strange 
animals, natives of the conquered districts. 7. The 
arms and insignia of the leaders of the foe. 8. 
The leaders themselves, and such of their kindred 
as had been taken prisoners, followed by the whole 
band of inferior captives in fetters. 9. The coronae 
and other tributes of respect and gratitude be- 
stowed on the Imperator by allied kings and states. 
10. The lictors of the Imperator in single file, their 
fasces wreathed with laurel. (Plin. H. TV. v. 40.) 
IT. The Imperator himself in a circular chariot of 




a peculiar form (Zonar. vii. 21) drawn by four 
horses, which were sometimes, though rarely, white. 
(Plut. Camill. 7 ; Serv. I. c. ; Dion Cass, xliii. 14.) 
The circular form of the chariot is seen in the pre- 
ceding cut, copied from a marble formerly in the 
possession of the Duke dAlcala at Seville (Mont- 
faucon, Ant. Exp. vol. iv. pi. cv.), and also in the 
following cut, which represents the reverse of one 
of the coins of the Antonines. He was attired in 
a gold embroidered robe (toga picta) and flowered 
tunic (tunica pahnata), he bore in his right hand a 
laurel bough (Plut. Paull. 32), and in his left a 
sceptre (Dionys. v. 47 ; Val. Max. iv. 4. § 5), his 



brows were encircled with a wreath of Delphic laurel 
(Plin. H. N. xv. 38, 39), in addition to which, in 
ancient times, his body was painted bright red. 
(Plin. H. N. xxiii. 36.) He was accompanied 
in his chariot by his children of tender years 




(Liv. xlv. 40 ; Tac. Ann. ii. 41), and sometimes 
by very dear or highly honoured friends (Dion 
Cass. li. 16, lxiii. 20), while behind him stood a 
public slave holding over his head a golden Etrus- 
can crown ornamented with jewels. (Plin. H. TV. 
xxxiii. 4, xxviii. 7 ; Zonar. vii. 21.) The pre- 
sence of a slave in such a place at such a time 
seems to have been intended to avert " invidia " 
and the influence of the evil eye, and for the same 
purpose a fascinum, a little bell, and a scourge 
were attached to the vehicle. (Plin. H. N. xxviii. 
7 ; Zonar. vii. 21.) Tertullian (Apol. 33) tells us, 
that the slave ever and anon whispered in the ear 
of the Imperator the warning words " Respice post 
te, hominem memento te," and this statement is 
copied by Zonaras (I. c), but is not confirmed by 
any earlier writer. Isidorus (xviii. 2), misunder- 
standing Pliny (xxviii. 7), imagines that the slave 
in question was a common executioner. 12. Be- 
hind the chariot or on the horses which drew it 
(Zonar. I. c.) rode the grown-up sons of the Im- 
perator, together with the legati, the tribuni ( Cic. 
in Pis. 25), and the equites, all on horseback. 
13. The rear was brought up by the whole body 
of the infantry in marching order, their spears 
adorned with laurel (Plin. xv. 40), some shouting 
Io Triumphe (Varro, L. L. v. 7, ed. Miiller ; Hor. 
Carm. iv. 2. 49 ; Tibull. ii. 6. 121), and singing 
hymns to the gods, while others proclaimed the 
praises of their leader or indulged in keen sarcasms 
and coarse ribaldry at his expense, for the most 
perfect freedom of speech was granted and exer- 
cised. (Liv. iv. 53, v. 49, xlv. 38, Dionys. vii. 72; 
Suet. Jul. 49, 51 ; Mart. i. 5. 3.) 

The arrangement of the procession as given 
above is taken, with some changes, from the treatise 
of Onuphrius Panvinius De Triumpho in the 9th 
volume of the Thesaurus of Graevius. The dif- 
ferent particulars are all collected from the accounts 
transmitted to us of the most celebrated triumphs, 
such as that of Pompey in Appian (Bell. Mith. 
116, 117), of Aemilius Paullus in Plutarch (Paull. 
32) and in Livy (xlv. 40), of Vespasian and Titus 
in Josephus (B. J. vii. 5. §4, 5, 6), and of Camil- 
lus in Zonaras (vii. 21), together with the remarks 
of Dionysius (ii. 34, v. 47), Servius (ad Virg. Aen. 
iv. 543), and Juvenal (Sat. x. 38 — 45). 

Just as the pomp was ascending the Capitoline 
hill some of the hostile chiefs were led aside into 
the adjoining prison and put to death, a custom so 
barbarous that we could scarcely believe that it 
existed in a civilized age were it not attested by 



TRIUMPHUS. 



TRIUMVIRI. 



11G7 



the most unquestionable evidence. (Cic. M Verr. 
v. 30 ; Liv. xxvi. 13; Joseph, vii. 24.) Pom- 
pey, indeed, refrained from perpetrating this atro- 
city in his third triumph (Appian, Bell. Mith. 
117), and Aurelian on like occasion spared Zenobia, 
but these are quoted as exceptions to the general 
rule. When it was announced that these murders 
had been completed (Joseph I.e.) the victims were 
then sacrificed, an offering from the spoils was 
presented to Jupiter, the laurel wreath was de- 
posited in the lap of the god (Senec. ConsoL ad 
Helv. 1 ; Plin. H. N. xv. 40 ; Plin. Puneg. 8 ; 
Slat. Sylv. iv. 1.41), the lmperator was entertained 
at a public feast along with his friends in the tem- 
ple, and returned home in the evening preceded 
by torches and pipes, and escorted by a crowd of 
citizens. (Flor. ii. 1.) Plutarch (Q. R. 77) and 
Valerius Maximus (ii. 8. § 6) say that it was the 
practice to invite the consuls to this banquet, and 
then to send a message requesting them not to 
come, in order, doubtless, that the lmperator might 
be the most distinguished person in the company. 

The whole of the proceedings, generally speak- 
ing, were brought to a close in one day, but when 
the quantity of plunder was very great, and the 
troops very numerous, a longer period was re- 
quired for the exhibition, and thus the triumph of 
Flaminius continued for three davs in succession. 
(Liv. xxxix. 52; Plut. Aemil. I'dull. 32.) 

But the glories of the lmperator did not end 
with the show nor even with his life. It was 
customary (we know not if the practice was in- 
variable) to provide him at the public expense 
with a site for a house, such mansions being styled 
triump/io/es domus. (Plin. xxxvi. 24. § 6.) After 
death his kindred were permitted to deposit his 
allies within the walls (such, at least, is the ex- 
planation given to the words of Plutarch, Q. R. 
78), and laurel -wreathed statues standing erect 
in triumphal cars, displayed in the vestibulum of 
the family mansion, transmitted his fame to pos- 
terity. 

A Triumpiius NavaI.is appears to have dif- 
fered in no respect from an ordinary triumph 
except that it must have been upon a smaller scale, 
and would be characterized by the exhibition of 
beaks of ships and other nautical trophies. The 
earliest upon record was granted to C. Duilius, 
who laid the foundation of the supremacy of Rome 
by sea in the first Punic war (Liv. Efiil. xvii. ; 
Fast. Capiu); and so elated was he by his success, 
that during the rest of his life, whenever he re- 
lumed home at night from supper, he caused flutes 
to sound and torches to be borne before him. (Flor. 
ii. 1 ; Cic. Col. Af"j. 13.) A second naval tri- 
umph was celebrated by Lutatius Catulus fur his 
victory off the Iimulae Aegates, B.C. 241 (Val. 
Max. ii. 8. § 2 ; Fast CapiU) ; a third by Q. 
Fabius Labeo, B. c. 189, over the Cretans (Liv. 
xxxvii. 60), and a fourth by C. Octaviua over 
King Perseus (Liv. xlv. 42) without captives and 
without spoils. 

Triumpiius Castrknsih was a procession of 
the soldiers through the camp in honour of n tri- 
bunus or some officer, inferior to the general, who 
had performed a brilliant exploit. (Liv. vii. 3tf.) 

After the extinction of freedom the Emperor 
being considered ns the commnnder-in-chief of nil 
the anmes of the stale, every military achievement 
was understood to be performed under his auspices, 
and hence, according to the form* of even the 



ancient constitution, he alone had a legitimate 
claim to a triumph. This principle was soon fully 
recognised and acted upon, for although Antonius 
had granted triumphs to his legati (Dion Cass. xlix. 
42), and his example had been freely followed by 
Augustus (Suet. Octav. 38 ; Dion Cass. liv. 1 1, 12) 
in the early part of his career, yet after the year 
B. c. 14 (Dion Cass. liv. 24), he entirely discon- 
tinued the practice, and from that time forward 
triumphs were rarely, if ever, conceded to any 
except members of the imperial family. But to 
compensate in some degree for what was theu 
taken away, the custom was introduced of bestow- 
ing what were termed Triumphaliu Ornamenta, 
that is, permission to receive the titles bestowed 
upon and to appear in public with the robes worn 
by the Imperatores of the commonwealth when 
they triumphed, and to bequeath to their descend- 
ants triumphal statue9. These triumphalia orna- 
menta are said to have been first bestowed upon 
Agrippa (Dion Cass. I.e.) or upon Tiberius (Suet. 
Octav. 9), and ever after were a common mark of 
the favour of the prince. (Tacit. Ann. i. 72, ii. 52, 
iii. 72, &c, Hist. i. 79, ii. 78, &c.) 

The last triumph ever celebrated was that of 
Belisarius, who entered Constantinople in a quad- 
riga, according to the fashion of the olden time, 
after the recovery of Africa from the Vandals. 
The total number of triumphs upon record down 
to this period has been calculated as amounting to 
350. Orosius (vii. 9) reckons 320 from Romulus 
to Vespasian, and Pitiscus (Lexic. Antiq. s. v. 
Triumpiius) estimates the number from Vespasian 
to Belisarius at 30. [W. R.] 

TRIU'MVIRI orTRE'SVIRI. were either or- 
dinary magistrates or officers, or else extraordinary 
commissioners, who were frequently appointed at 
Rome to execute any public office. The following 
is a list of the most important of both classes, ar- 
ranged in alphabetical order. 

1. Triumviri Agro Dividuxdo. [Triumviri 

Col.ONIAE DeDUCENDAE.] 

2. Triumviri Capitales were regular magis- 
trates first appointed about B. c. 292. ( Liv. Epit. 
11 ; Dig. I. tit- 2. s.2. § 30.) The institution of 
their office is said to have been proposed by L. 
Papirius, whom Festus (». r. .Sucramentum) calls 
tribune of the plebs, but whom Niebuhr (Hist, of 
Rome, vol. iii. pp. 41)7, 408) supposes to be L. 
Papirius Cursor, who was praetor in a c. 292. 
They were elected by the people, the comitia being 
held by the praetor. (Festus, I.e.) They succeeded 
to many of the functions of the Quaestores Parri- 
cidii. ( Varro, L. L. v. 81, ed. Miiller ; Quaestor.) 
It was their duty to inquire into all capital crimeB, 
and to receive informations respecting such ( Varro, 
/. c. ; PlauL Asin. i. 2. 5, Aulul. iii. 2. 2 ; Cic. pro 
C/urnt. 13), and consequently they apprehended 
and committed to prison all criminals whom they 
detected. (Liv. xxxix. 17 ; Val. Max. vi. 1. § 10 ; 
Cic. I.e.) In conjunction with the Acdiles, they 
had to preserve the public peace, to prevent nil un- 
lawful assemblies, ice. (Liv. xxv. I, xxxix. 14.) 
They enforced the payment of fines due to the state 
(Felt. I.e.) They had the care of public prisons, 
and carried into effect the sentence of the law 
upon criminals. (Liv. xxxii. 26; Val. Max. v. 
4. 8 7. viii. 4. § 2 ; Sail. Oat 55 ; Tacit. Ann. v. 
'.).) In these p .ints they resembled the magistracy 
of the Klevcn at Athens. |IIkm>k<a.] They bad 
the power of inflicting summary punishment upon 



1168 



TRIUMVIRI. 



TROPAEUM. 



slaves and persons of lower tank : their court 
appears to have been near the Maenian column. 
(Festus, I. c. ; Gell. iii. 3 ; Plaut. Amphitr. i. 1 
3 ; Cic. pro Chif-nt. 13.) Niebuhr (I. c), who is 
followed by Arnold (Hist, of Rome, vol. ii. p. 
389), supposes that they might inflict summary 
punishment on all offenders against the public 
peace who might be taken in the fact ; but the 
passage of Festus, which Niebuhr quotes, does not 
prove this, and it is improbable that they should 
have had power given them of inflicting summary 
punishment upon a Roman citizen, especially since 
we have no instance recorded of their exercising 
such a power. (Walter, Gesch. d. Rom. Rechts, 
pp. 165, 858, 1st ed. ; Gottling, Gesc/i. d. Rom. 
Staatsv. p. 378.) 

3. Triumviri Coloniab Deducendae were 
persons appointed to superintend the formation of 
a colony. They are spoken of under Colonia, 
p. 315, b. Since they had besides to superintend 
the distribution of the land to the colonists, we find 
them also called Triumviri Coloniae Deducendae 
Agroqae Dividundo (Liv. viii. 16), and sometimes 
simply Triumviri Agro Dando (Liv. iii. 1). 

4. Triumviri Epulones. [Epulones.] 

5. Triumviri Equitum Turmas Recognos- 
cendi, or Legendis Equitum Decuriis, were 
magistrates first appointed by Augustus to revise 
the lists of the Equites, and to admit persons into 
the order. This was formerly part of the duties 
of the censors. (Suet. Aug. 37 ; Tacit. Ann. 
iii. 30.) 

6. Triumviri Mensarii. [Mensarii.] 

7. Triumviri Monetales. [Moneta.] 

8. Triumviri Nocturni, were magistrates 
elected annually, whose chief duty it was to pre- 
vent fires by night ; and for this purpose they had 
to go round the city during the night (vigilias 
circumire). If they neglected their duty they were 
sometimes accused before the people by the tri- 
bunes of the plebs. (Val. Max. viii. 1. § 5, 6.) 
The time at which this office was instituted is un- 
known, but it must have been previously to the 
year B.C. 304. (Liv. ix. 46.) Augustus transferred 
their duties to the Praefectus Vigilum. (Dig. 1. tit. 
15. s. 1.) [Praefectus Vigilum.] 

9. Triumviri Reficiendis Aedibus, extraor- 
dinary officers elected in the Comitia Tributa in the 
time of the second Punic war, were appointed for 
the purpose of repairing and rebuilding certain 
temples. (Liv. xxv. 7.) 

10. Triumviri Reipublicae Constituendae. 
Niebuhr (Hist, of Rome, vol. iii. p. 43) supposes 
that magistrates under this title were appointed as 
early as the time of the Licinian Rogations, in 
order to restore peace to the state after the com- 
motions consequent upon those Rogations. (Lydus, 
de Mag. i. 35. ) Niebuhr also thinks that these 
were the magistrates intended by Varro, who men- 
tions among the extraordinary magistrates, that 
had the right of summoning the senate, Triumvirs 
for the regulation of the republic, along with the 
Decemvirs and Consular Tribunes. (Gell. xiv. 
7. ) We have not, however, any certain mention 
of officers or magistrates under this name, till to- 
wards the close of the republic, when the supreme 
power was shared between Caesar (Octavianus), 
Antonius, and Lepidus, who administered the affairs 
of the state under the title of Triumviri Reipublicae 
Constituendae. This office was conferred upon 
them in B.C. 43 for five years (Liv. Epil. 120 ; 



Appian, B. C. iv. 2—12 ; Dion Cass. xlvi. 54—56 ; 
Veil. Pat. ii. 65 ; Plut. Cic. 46 ); and on the ex- 
piration of the term, in B. c. 38, was conferred 
upon them again, in B. c. 37, for five years more. 
(Appian, B. C. v. 95 ; Dion Cass, xlviii. 54.) The 
coalition between Julius Caesar, Pompeius, and 
Crassus, in B. c. 60 (Veil. Pat. ii. 44 ; Liv. Epil. 
103) is usually called the first triumvirate, and 
that between Octavianus, Antony, and Lepidus, 
the second ; but it must be borne in mind that the 
former never bore the title of triumviri, nor were 
invested with any office under that name, whereas 
the latter were recognized as regular magistrates 
under the above-mentioned title. 

11. Triumviri Sacris Conquirendis Donis- 
que Persignandis, extraordinary officers elected 
in the Comitia Tributa in the time of the second 
Punic war, seem to have had to take care that all 
property given or consecrated to the gods was ap- 
plied to that purpose. (Liv. xxv. 7.) 

12. Triumviri Senatus Legendi were magis- 
trates appointed by Augustus to admit persons into 
the senate. This was previously the duty of the 
censors. (Suet. Aug. 37.) 

TRO'CHILUS. [Spira.] 

TROCHUS (jpo X os), a hoop. The Greek 
boys used to exercise themselves like ours with 
trundling a hoop. It was a bronze ring, and had 
sometimes bells attached to it. (Mart. xi. 22. 2, 
xiv. 168, 169.) It was impelled by means of a 
hook with a wooden handle, called clavis (Propert 
iii. 12), and iKaryp. From the Greeks this 
custom passed to the Romans, who consequently 
adopted the Greek term. (Hor. Carm. iii. 24. 57.) 
The hoop was used at the Gymnasium (Propert. 
I. c. ; Ovid. Trist. ii. 485) ; and, therefore, on one 
of the gems in the Stosch collection at Berlin, 
which is engraved in the annexed woodcut, it is 
accompanied by the jar of oil and the laurel branch, 
the signs of effort and of victory. On each side of 
this we have represented another gem from the 
same collection. Both of these exhibit naked 
youths trundling the hoop by means of the hook 
or key. These show the size of the hoop, which 
in the middle figure has also three small rings or 
bells on its circumference. ( Winckelmann, Desc. 
des Pierres Gravies, pp. 452 — 455.) 




In a totally different manner hoops were used 
in the performances of tumblers and dancers. 
Xenophon describes a female dancer who receives 
twelve hoops in succession, throwing them into the 
air and catching them again, her motions being 
regulated by another female playing on the pipe. 
{Sympos. ii. 7, 8.) 

On the use of rpoxos, to denote the potter's 
wheel, see Fictile. [J. Y.] 

TROJAE LUDUS. [Circus, p. 288, b.] 

TROPAEUM (rpoTraioi', Att. rpo-rralou, Schol. 
ad Aristoph. Plut. 453), a trophy, a sign and me- 
morial of victory, which was erected on the field 



TROPAEUM. 



TRUA. 



11G9 



of battle where the enemy had turned (rpeiru. 
rpoirn) to flight, and in case of a victory gained 
at sea, on the nearest land. The expression, for 
raising or erecting a trophy, is rpoiratov (rrrjcrai 
or (7T7)<ro(r6oi, to which may be added oirb or koto 
ruv iroXefiiuv. (Wolf, ad Dem. in Lept. p. 296.) 

When the battle was not decisive, or each party 
considered it had some claims to the victory, both 
erected trophies. (Thucyd. i. 54, 105, ii. 92.) 
Trophies usually consisted of the arms, shields, 
helmets, &c, of the enemy that were defeated ; 
and from the descriptions of Virgil and other 
Roman poets, which have reference to the Greek 
rather than to the Roman custom, it appears that 
the spoils and arms of the vanquished were placed 
on the tmnk of a tree, which was fixed on an 
elevation. (Virg. Aen. xi. 5 ; Serv. ad loc. ; Stat 
Theb. 'm. 707 ; Juv. x. 133.) It was consecrated 
to some divinity with an inscription ( fTriypauua), 
recording the names of the victors and of the de- 
feated party (Eurip. Phoetu 583 ; Schol. ad loc. ; 
Paus. v. 27. § 7 ; Virg. Aen. iii. 288 ; Ovid. Ar. 
Am. ii. 744 ; Tacit. Ann. ii. 22) ; whence trophies 
were regarded as inviolable, which even the enemy 
were not permitted to remove. (Dion Cass. xlii. 
58.) Sometimes, however, a people destroyed a 
trophy, if they considered that the enemy had 
erected it without sufficient cause, as the Milesians 
did with a trophy of the Athenians. (Thucyd. viii. 
24.) That rankling and hostile feelings might not 
be perpetuated by the continuance of a trophy, it 
seems to have been originally part of Greek inter- 
national law that trophies should be made only of 
wood and not of stone or metal, and that they 
should not be repaired when decayed. ( Pint. Quaest. 
Horn. c. 37, p. 273. c. ; Diud. xiii. 24.) Hence we 
are told that the Lacedaemonians accused the The- 
bans before the Amphictyonic-council, because the 
latter had erected a metal trophy. (Cic. de Invent. 

ii. 23.) It was not however uncommon to erect 
such trophies. Plutarch (Alcib. 29. p. 207, A.) 
mentions one raised in the time of Alcibiades, and 
I'ausanias (ii. 21. § 9, iii. 14. § 7, v. 27. § 7) 
•peaks of several which he saw in Greece. ( Wachs- 
muth. Hell. All. vol. ii. pt. i. p. 424. 1st ed. ; 
Schumann, Ant. Jur. I'M. Orate, p. 370.) 

The trophies erected to commemorate naval vic- 
tories were usually ornamented with the beaks or 
acroteria of ships [Acrotkrium ; Rostra] ; and 
were generally consecrated to Poseidon or Neptune. 
Sometimes a whole ship was placed as a trophy. 
(Thucyd. ii. 84, 92.) 

The following woodcut taken from a painting 
found at Pompeii (Mus. Borbon. vol. vii. t. 7) con- 
tains a very good representation of a tropaeum, 
which Victory is engaged in erecting. The con- 
queror stands on the other side of the trophy with 
his brows encircled with laurel. 

The Macedonian kings never erected trophies for 
the reason given by Paunanias (ix. 40. § 4), and 
hence the same writer observes that Alexander 
raised no trophies after his victories over Dareius and 
in India. The Romans too, in early times, never 
erected nny trophies on the field of battle ( Floras, 

iii. 2), but carried home the spoils taken in battle, 
with which they decorated the public buildings, and 
nl»o the private houses of individuals. [Stoma.] 
Subsequently, however, the Romans adopted the 
(ircek practice of raising trophies on the field of 
battle : the first trophies of this kind were erected 
by Domilius Ahenobarbus and Fabius Maxioius in 



I s. c. 121, after their conquest of the Allobroges, 
when they built at the junction of the Rhone and 




the Isara towers of white stone, upon which tro- 
phies were placed adorned with the spoils of the 
enemy. (Floras, I. e. ; Stmbo, iv. p. 185.) 
Pouipey also raised trophies on the Pyrenees after 
his victories in Spain (Strabo, iii. p. 150' ; Plin. 
II. A', iii. 3 ; Dion Cass. xli. 24.; Sail. ap. Hen: in 
Virg. Aen. xi. 6) ; Julius Caesar did the same 
near Ziela, after his victory over Phaniaces (Dion 
Cass. xlii. 48), and Drusus, near the Elbe, to com- 
memorate his victory over the Germans. (Dion 
Cass. Ii. 1 ; Floras, iv. 12.) Still, however, it was 
more common to erect some memorial of the victory 
at Rome than on the field of battle. The trophies 
raised by Marius to commemorate his victories 
over Jugurtha and the Cimbri and Teutoni, which 
were cast down by Sulla and restored by Julius 
Caesar, must have been in the city. (Suet. Jul. 1 1.) 
In the later times of the republic, and under the 
empire, the erection of triumphal arches was the 
most common way of commemorating a victory, 
many of which remain to the present day. 
[Arcus.] We find trophies on the Roman coins 
of several families. The annexed coin of M. 
Furius Philus is an example ; on the reverse. Vic- 
tory or Rome is represented crowning a trophy. 




TROSSULI. [Eqiitks, p. 472. a.] 
TRUA, dim. TRULLA {ropuyrj), derived 
from Tpvu, r6pu, &c., to perforate ; a large and 
flat spoon or ladle pierced with holes ; a trowel. 
The annexed woodcut represents such a ladle, 
adapted to stir vegetables or other matters in tho 
pot (Schol. in Ariitojih. Av. 78), to act as a straii.er 



1170 



TRUTINA. 



TUBA. 



when they were taken out of the water, or to dis- 
pel the froth from its surface. (Non. Marcell. p. 
19, ed. Merceri.) The ladle here drawn was 
found in the kitchen of " the house of Pansa," at 
Pompeii. 




The trulla vinaria (Varro, L. L. v. 118, ed. 
Muller) seems to have been a species of colander 
[Coi.um], used as a wine-strainer. (Cic. Verr. 
iv. 27 ; Hor. Sat. ii. 3. 144.) Though generally 
applied to these domestic and culinary purposes 
(Eupolis, p. 174, ed. Runkel) the trulla was 
found to be convenient for putting bees into a hive. 
(Col. de Re Rust. ix. 12.) It was also commonly 
used to plaster walls (Pallad. de Re Rust. i. 13, 
15), and thus gave rise to the verb trullissare. 
[Paries.] 

Fellows (Exc. in Asia Minor, p. 153) explains 
the Eastern method of using a kind of colander in 
washing the hands. It is placed as a cover upon 
the jar [Olla], which receives the dirty water. 
This may therefore be the trulleum, which the 
ancients used, together with the basin and ewer, to 
wash their hands. (Non. Marcell. p. 547, ed. 
Merceri.) [J. Y.] 

TRUBLION. [Cotyla.] 

TRU'TINA (jpvTavt\), a general term including 
both Libra, a balance, and statera, a steelyard. 
(Non. Marc. p. 180.) Payments were originally 
made by weighing, not by counting. Hence a 
balance (trutina) was preserved in the temple of 
Saturn at Rome. (Varro, L. L. v. 183, ed. Muller.) 
The balance was much more ancient than the steel- 
yard, which according to Isidore of Seville (Orig. 
xvi. 24) was invented in Campania, and therefore 
called by way of distinction Trutina Campana. 
Consistently with this remark, steelyards have 
been found in great numbers among the ruins of 
Herculaneum and Pompeii. The construction of 
some of them is more elaborate and complicated 
than that of modern steelyards, and they are in 
some cases much ornamented. The annexed wood- 
cut represents a remarkably beautiful statera which 
is preserved in the Museum of the Capitol at Rome. 
Its support is the trunk of a tree, round which a 
serpent is entwined. The equipoise is a head of 




Minerva. Three other weights lie on the base of 
the stand, designed to be hung upon the hook when 
occasion required. (Mus. Capit. vol. ii. p. 213.) 

Vitruvius (x. 3. s. 8. § 4) explains the principle 
of the steelyard, and mentions the following con- 
stituent parts of it : the scale (lancula) depending 
from the head (caput), near which is the point of 
revolution (centrum) and the handle (ansa). On 
the other side of the centre from the scale is the 
beam (scapus) with the weight or equipoise (aequi- 
pondium), which is made to move along the points 
(per puncta) expressing the weights of the different 
objects that are put into the scale. [J. Y.] 

TUBA (<roA7ri7|), a bronze trumpet, distin- 
guished from the cornu by being straight while the 
latter was curved: thus Ovid (Met. i. 98) 

" Non tuba directi non aeris cornua fiexi." 

(Compare Vegetius, iii. 5.) Facciolati in his Lexi- 
con (s. v. Tuba) is mistaken in supposing that 
Aulus Gellius (v. 8) and Macrobius (Sat. vi. 8), 
who copies him, intend to affirm that the tuba was 
crooked. The words of the former do not mean 
that both the lituus and the tuba were crooked, 
but that both that kind of trumpet which was 
called a lituus and also the staff of the augur were 
crooked, and that it was doubtful which of the 
two had lent its name to the other. [Lituus] 

The tuba was employed in war for signals of 
every description (Tacit. Hist, ii.29 ; Caesar, B. C. 
iii. 46 ; Hirt. B. G. viii. 20 ; Li v. xxxix. 27), at 
the games and public festivals (Juv. vi. 249, x. 
214 ; Virg. Aen. v. 113 ; Ovid, Fast. i. 716), also 
at the last rites to the dead (kinc tuba, candelae, 
Pers. iii. 103; Virg. Aen. xi. 191 ; Ovid. Heroid. 
xii. 140, Amor. ii. 6. 6), and Aulus Gellius (xx. 
2) tells us from Atteius Capito that those who 
sounded the trumpet at funerals were termed 
sitieines, and used an instrument of a peculiar form. 
The tones of the tuba are represented as of a harsh 
and fear-inspiring character (fractos sonitus tuba- 
rum, Virg. Georg. iv. 72 ; terribilem sonitum aere 
canoro, Aen. ix. 503), which Ennius (Serv. ad 
Virg. Aen. ix. 503,; Priscian viii. 18. 103, ed, 
Krehl) endeavoured to imitate in the line 

" At tuba terribili sonitu taralantara dixit." 

The invention of the tuba is usually ascribed by 
ancient writers to the Etruscans ( Athenaeus, iv. c. 
82 ; Pollux, iv. 85, 87 ; Diodor. v. 40 ; Serv. ad 
Virg. Aen. viii. 516; Clem. Alex. Strom, i. p. ♦ 
306), and the epithet Ar)o-Toaa\inyKTai (i.e. robber- 
trumpeters, Photius and Hesych. s. v. and Pollux, 
/. c.) would seem to indicate that they had made it 
famous by their piracies. It has been remarked 
that Homer never introduces the <raAin7| in his 
narrative but in comparisons only (II. xviii. 219, 
xxi. 388 ; Eustath. and Schol.), which leads us to 
infer that although known in his time it had 
been but recently introduced into Greece, and it is 
certain that notwithstanding its eminently martial 
character, it was not until a late period used in the 
armies of the leading states. By the tragedians its 
Tuscan origin was fully recognized : Athena in Aes- 
chylus orders the deep-toned piercing Tyrrhenian 
trumpet to sound (Eumen. 567), Ulysses in Sopho- 
cles ( Aj. 17) declares that the accents of his beloved 
goddess fell upon his ears like the tones of the 
brazen-mouthed Tyrrhenian bell (kwSwvos, i. e. the 
bell-shaped aperture of the trumpet), and similar 
epithets are applied by Euripides (Plweniss. 1376 



TUBA. 



TUNICA. 



1171 



Heraclid. 830), and other Greek (Auctor. Plies. 
'Jii'd ; Brunck, Anal. torn. ii. p. 142) and Roman 
writers ( Tyrrhenus clamjor, Virg. Aen. viii. 526 ; 
Stat. T/tdi. iii. 650 ; Tyrrhenae clanr/ore tubae, 
Silius, ii. 19). According to one account it was 
first fabricated for the Tyrrhenians by Athena, 
who in consequence was worshipped by the Ar- 
gives under the title of Sa^.irr/f (Schol. ad Horn. 
II. xviii. 219, e. cod. Vict. ; Pausan. ii. 21. § 3); 
while at Rome the tuljilustrium, or purification of 
sacred trumpets, was performed on the last day of 
the Quinquatrus. [Qli.nqiatrls.] In another 
legend the discovery is attributed to a mythical 
king of the Tyrrhenians, Maleus, son of Hercules 
and Omphalc ( Lutat. ad Stat. Thfb. iv. 224, vi. 
404 ; Hygin. Fab. 274 ; Schol, ad Hum. L c), in 
a third to Pisaeus the Tyrrhenian (Plin. //. A r . 
vii. 57 ; Photius, s. c), and Silius has preserved a 
tradition (viii. 490), according to which the origin 
of this instrument is traced to Vetulonii. (Muller, 
Die Etrusier, iv. 1,3, 4, 5.) 

There appears to have been no essential differ- 
ence in form between the Greek and Roman or 
Tyrrhenian trumpets. Both were long, straight, 
bronze tubes gradually increasing in diameter, and 
terminating in a bell-shaped aperture. They pre- 




sent precisely the same appearance on monuments 
of very different dates, as may be Been from the 
cuts annexed, the former of which is from Trajan's 
column, and the latter from an ancient fictile vase. 
(Hope, Costumes of the Ancients, pi. 156.) 




The scholiast on the Iliad (/. c.) reckon* six va- 
rieties of trumpets ; the first he calls the (irecian 
2a\»i>{ which Athena discovered for the Tyrrhe- 
nians, and the sixth, termed by him Kar' ijo'x'if, 
the TUfHTTjuKj) <jd\*iyl, he describe* as bent at the 
extremity (xwnWa KtKKcuTfitvoy (xovoa) ; but by 
this we must unquestionably understand the sacred 
trumpet (i«paTiic») (raAiriy{, Lydus, tie Mens. iv. 6), 
the lituus already noticed at the beginning of this 
nrticle. (Compare Lucan, i. 431.) [W. It. J 



TUBILU'STRIUM. [QunWJATRDS.] 
TUBUS, TUBL'LUS. [Fistula.] 
TULLIA'NUM. [Carcer.] 
TUMULTUAHII. [Tumultus.] 
TUMULTUS was the name given to a 6udden 
or dangerous war in Italy or Cisalpine Gaul, and 
the word was supposed by the ancients to be a 
contraction of timor midtus. (Cic. PhiL viii. 1 ; 
tumultus dictus, quasi timor viultus, Serv. ad Viry. 
Aen. ii. 486, viii. I ; Festus, s. r. Tumultuarii.) 
It was however sometimes applied to a sudden or 
dangerous war elsewhere (Liv. xxxv. 1, xli. 6 ; 
Cic Phil. v. 12) ; but this does not appear to have 
been a correct use of the word. Cicero (Phil. viii. 
1) 6ays that there might be a war without a tu- 
multus, but not a tumultus without a war ; but it 
must be recollected that the word was also applied 
to any sudden alarm respecting a war ; whence we 
find a tumultus often spoken of as of less importance 
than a war (e. y. Liv. ii. 26), because the results 
were of less consequence, though the fear might 
have been much greater than in a regular war. 

In the case of a tumultus there was a cessation 
from all business (justiaum), and all citizens were 
obliged to enlist without regard being had to the 
exemptions (vacationes) from military service, which 
were enjoyed at other times. (Cic.tf.cc; Liv. 
vii. 9, 11, 28, viii. 20, xxxiv. 56.) As there 
was not time to enlist the soldiers in the regular 
manner, the magistrate appointed to command the 
army displayed two banners (vejrilla) from the 
capitol, one red, to summon the infantry, and the 
other green, to summon the cavalry, and said, 
'~Qui rempublicam 6alvam vult, me sequatur." 
Those that assembled took the military oath to- 
gether, instead of one by one, as was the usual 
practice, whence they were called eonjurati, and 
their service conjuratio. (Serv. ad Viry. Aen. viii. 
1.) Soldiers enlisted in this way were called 
Tumultuarii or SuLitarii. ( Festus, s. r. ; Liv. iii. 
30, x. 21, xl. 26.) 

TU'NICA (x'Taii/, dim. x ,rw >"< T '< s- xntinov), 
the under-garment of the Greeks and Romans. 

1. Greek. The Chiton was the only kind of 
(vSvfia, or under-garment worn by the Greeks. Of 
this there were two kinds, the Dorian and Ionian. 
The Dorian Chiton, as worn by males, was a short 
woollen shirt, without sleeves ; the Ionian was a 
long linen garment, with sleeves. The under- 
garment, afterwards distinguished as the Dorian, 
seems to have been originally worn in the whole of 
Greece. Thucydides (L 6) speaks as if the long 
linen garment worn at Athens a little before his 
time was the most ancient kind, since In- attributes 
the adoption of a simpler mode of dress to the 
Lacedaemonians, but we know with tolerable cer- 
tainty that this dress was brought over to Athens 
by the Ionians of Asia. (Muller, it Minerva I'd- 
Hade, p. 41, iJor. iv. 2. § 4.) It was commonly 
worn at Athens during the Persian wars, but ap- 
pears to have entirely gone out of fashion about 
the time of Pericles, from which time the Dorian 
Chiton was the under garment universally adopted 
by men through the whole of Greece. (Allien, 
xii. p. 512, c ; Eustath. p. 954.47 , Thucyd. /. c. ; 
Aristoph. /vyuiV. 1330.) 

The distinction between the Doric and Ionic 
Chiton still continued in the dress of women. The 
Spartan virgins only wore this one gnnnent, and 
had no upper kind of clothing, whence it is some- 
times called llnnution [Pallium] as Well as Chi- 

4 r 9 



1172 



TUNICA. 



TUNICA. 



ton. (Compare Herod, v. 87 ; Schol. ad Eurip. 
Heath. 933.) Euripides (Hecub. I. c, Androm. 
598) incorrectly calls this Doric dress Peplos, and 
speaks of a Doric virgin as novoiwrXos. From the 
circumstance of their only wearing one garment, 
the Spartan virgins were called yvfivai (Plut. Lye. 
14) [Nudus], and also ixovoxhuves. (Schol. ad 
Earip. 1. c. ; Athen. xiii. p. 589, f.) They appeared 
in the company of men without any further cover- 
ing ; but the married women never did so without 
wearing an upper garment. This Doric Chiton 
was made, as stated above, of woollen stuff ; it 
was without sleeves, and was fastened over both 
shoulders by clasps or buckles (Tro'pTrai, ireooVai), 
which were often of considerable size. (Herod. 
Schol. ad Eurip. II. ce.) It was frequently so 
short as not to reach the knee (Clem. Alex. Paed. 
ii. 10, p. 258), as is shown in the figure of Diana, 
on p. 276, who is represented as equipped for the 
chase. It was only joined together on one side, 
and on the other was left partly open or slit up 
(crXicTTos x' tTwv i Pollux, vii. 55), to allow a free 
motion of the limbs: the two skirts (vrepvyes) 
thus frequently flew open, whence the Spartan 
virgins were sometimes called (paivofiTipiS^s (Pollux, 
I. c), and Euripides (Androm. I. c.) speaks of them 
as with 

yviAvolai fifipols nal niitXoit dvei/xivots. 

Examples of this ax^Tos x' tTWl ' are frequently 
seen in works of art : the following cut is taken 
from a bas-relief in the British Museum, which re- 
presents an Amazon with a Chiton of this kind : 
some parts of the figure appear incomplete, as the 
original is mutilated. (See also Mus. Borbon. vol. 
iv. t. 21.) 




The Ionic Chiton, on the contrary, was a long 
and loose garment, reaching to the feet (iroS-qpris), 
with wide sleeves (/copai), and was generally made 
of linen. The sleeves, however, appear usually to 
have covered only the upper part of the arm ; for 
in ancient works of art we seldom find the sleeves 
extending further than the elbow, and sometimes 
not so far. The sleeves were sometimes slit up. 
and fastened together with an elegant row of 
brooches (Aelian, V. H. i. 18), and it is to this 
kind of garment that Bottiger (Kieine Sehrift. vol. iii. 
p. 56) incorrectly gives the name of o~x^tos x^ twv - 
The Ionic Chiton, according to Herodotus (v. 87, 
88), was originally a Carian dress, and passed over 
to Athens from Ionia. The women at Athens ori- 
ginally wore the Doric Chiton, but were compelled 
to change it for the Ionic after they had killed, 



with the buckles or clasps of their dresses, the single 
Athenian who had returned alive from the expedi- 
tion against Aegina, because there were no buckles 
or clasps required in the Ionic dress. The Muses 
are generally represented with this Chiton. The 
woodcut annexed, taken from a statue in the 
British Museum, represents the Muse Thalia wear- 
ing an Ionic Chiton. The Peplum has fallen off her 
shoulders, and is held up by the left hand. The 
right arm holding a Pedum is a modern restoration. 




Both kinds of dress were fastened round the 
middle with a girdle [Zona], and as the Ionic 
Chiton was usually longer than the body, part of 
it was drawn up so that the dress might not reach 
further than the feet, and the part which was so 
drawn up overhung or overlapped the girdle, and 
was called koKttos. 

There was a peculiar kind of dress, which seems 
to have been a species of double Chiton, called Si- 
TrAo'i's, SmXotSiov, and rfntSnrKo'tdtov. Some writers 
suppose that it was a kind of little cloak thrown 
over the Chiton, in which case it would be an 
Amictus, and could not be regarded as a Chiton ; 
but Becker and others maintain that it was not a 
separate article of dress, but was merely the upper 
part of the cloth forming the Chiton, which was 
larger than was required for the ordinary Chiton, 
and was therefore thrown over the front and back. 
The following cuts (Mm. Borbon. vol. ii. t. 4, 6) will 
give a clearer idea of the form of this garment than 
any description. 




TUNICA. 



TUNICA. 



1)73 



It seems impossible to determine with certainty 
whether the Diploidion formed part of the Chiton, 
or was a separate piece of dress. Those writers 
who maintain the former view, think that it is 
quite proved by the left-hand figure in the pre- 
ceding cut ; but this is not conclusive evidence, 
since the Chiton may have terminated at the waist. 
In the right-hand figure we see that the Chiton is 
girded round the middle of the body, as described 
above, and that the fold which overhangs (koKttos) 
forms, with the end of the Diploidion, a parallel 
line, which was always the case. This is also 
plainly seen in the woodcut to the article Ujibra- 
cl'LCM. Since the Diploidion was fastened over 
the shoulders by means of buckles or clasps, it was 
called irwuls, which Miiller (Arcltdol. d. Kunst, 
§ 339. 4) supposes from Eurip. Heculj. 553, and 
Athen. xiii. p. 608, b, to have been only the end of 
the garment fastened on the shoulder ; but these 
passages do not necessarily prove this, and Pollux 
(vii. 49) evidently understands the word as mean- 
ing a garment itself. 

Besides the word xtTwv, we also meet with the 
diminutives xirtuv'taKos and xniivtov, the former of 
which is generally applied to a garment worn by 
men, and the latter to one worn by women, though 
this distinction is not always preserved. A ques- 
tion arises whether these two words relate to a dif- 
ferent garment from the Chiton, or mean merely a 
smaller one. Many modern writers think that the 
Chiton was not worn immediately next the skin, 
but that there was worn under it a shirt (x'toiwV- 
kos) or chemise (x'tcucioi'). In the dress of men, 
however, this does not appear to have been the 
case ; since we find X' TW "^ aK0 ^ frequently used as 
identical with x 1 ""*", an d spoken of as the only 
under garment worn by individuals. (T<5 i'/u£tioc koI 
rip x' TWV ' t ' 7 >">''< Plat. I/i/rp. Min. p. 368 ; Dem. in 
Mid, p. 583. 21 ; Aesch. in Tim. p. 143 ; Athen. 

xii. p. 545, a.) It appears, on the contrary, that 
females were accustomed to wear a chemise (X' T< "- 
vtov) under their Chiton, and a representation of 
such an one is given in p. 185. (Compare Athen. 

xiii. p. 590, f. ; Aristoph. Lysistr. 48, 150.) 

It was the usual practice among the Greeks to 
wear an Ilimation, or outer garment, over the 
Chiton, but frequently the Chiton was wom alone. 
A person who wore only a Chiton was called povo- 
X''t<di' (oioxiTdiy in Homer, Od. xiv. 489), an 
epithet given to the Spartan virgins, as explained 
above. In the same way, a person who wore only 
an Ilimation, or outer garment, was called axifuv. 
(Xen. Mem. i. 6. § '2 ; Aclian, V. If. vii. 13; 
Diod. Sic. xi. 26.) The Athenian youths, in the 
earlier times, wore only the Chiton, and when it 
became the fashion, in the Peloponncsian war, to 
wear an outer garment over it, it was regarded as 
a mark of etfeminacy. (Aristoph. Suit. 964, com- 
pared with 987.) 

Betes passing on to the Roman under garment, 
it remains to explain a few terms which are ap- 
plied to the different kinds of Chiton. In later 
times, the Chiton wom by men was of two kinds, 
the au<;>i.uaaxaA»i and the irtpop&ax^ *, 'he 
foniiiT the dress of freemen, the latter that of slaves. 
(Pollux, vii. 47.) The dn<pipdo-x<>Aot appears to 
have signified not only a garment which had two 
sleeves, but also one which had openings for both 
arms ; while the «'T«pojioirxaAoi, on the contrary, 
had only n sleeve, or rather an opening for the 
left arm, leaving the right, with the shoulder and a 



| part of the breast uncovered, whence it is called 
Quids, a representation of which is given on p. 5 1 2. 
When the sleeves of the Chiton reached down to 
the hands, it seems to have been properly called 
X«ipi5toTo'j (Gell. vii. 12, see woodcut, p. 329), 
though this word seems to have been frequently 
used as equivalent to ap<pipdaxaKos. (Hesych. s. v. 
'A/wpijuatrx ^ *-) 

A x 1 ™" opBoaraStot was one which was not 
fastened round the body with a girdle (Pollux, vii. 
48 ; Phot. Lex. p. 346, Pors.): a x^"" o-roAioV- 
to's seems to have had a kind of flounce at the 
bottom. (Pollux vii. 54 ; Xenoph. Cyrop. vi. 4. 
§2.) 

On the subject of the Greek Chiton in general, 
see Miiller, Dorians, iv. 2. § 3, 4, Archaologie der 
Kunst, § 337, 339 ; Becker, Charikles, vol. ii. 
p. 309, &c 

2. Roman. The Tunica of the Romans, like 
the Greek Chiton, was a woollen under garment, 
over which the Toga was worn. It was the Indu- 
meittum or Indutws, as opposed to the Amictus, the 
general term for the toga, pallium, or any other 
outer garment [Amictcs.] The Romans are 
said to have had no other clothing originally but 
the toga ; and when the Tunic was first introduced, 
it was merely a short garment without sleeves, and 
was called CuUilium. (Gell. vii. 1 2 ; Serr. ad Vira. 
Aen. ix. 616.) It was considered a mark of effe- 
minacy for men to wear Tunics with long sleeves 
(manicatue) and reaching to the feet (talure*). 
(Cic. Cat. ii. 10.) Julius Caesar was accustomed 
to wear one which had sleeves, with fringes at the 
wrist (ad manus fimbriate, Suet. Jul. 45), and in 
the later times of the empire, tunics with sleeves, 
and reaching to the feet, became common. 

The Tunic was girded (cincta) with a belt or 
girdle around the waist, but was usually worn 
loose, without being girded, when a person was at 
home, or wished to be at his ease. (II or. Sat. ii. 
I. 73 ; Ovid, Am. i. 9. 41.) Hence we find the 
terms ductus, praecinctus, and succinctus, applied, 
like the Greek tC^wvos, to an active and diligent 
person, and discinctus to one who was idle or disso- 
lute. (Hor. Sat. i. 5. 6, ii. 6. 107, Epod. L 34.) 

The form of the Tunic, as worn by men, is re- 
presented in many woodcuts in this work. In 
works of art it usually terminates a little above the 
knee ; it has short sleeves, covering only the upper 
part of the arm, and is girded at the waist (see 
cuts, pp. 90, 808): the sleeves sometimes, though 
less frequently, extend to the hands (cut, p. 141). 

Both sexes usually wore two tunics, an outer 
and an under, the latter of which was worn next 
the skin, and corresponds to our shirt and che- 
mise. Varro (up. Son. xiv. 36) says, that when 
the Romans began to wear two tunics, they called 
them Suhucula and Indusium, the former of which 
Bottigcr (Saljinn, vol. ii. p. 1 1 ,'i) supposes to be the 
name of the under tunic of the men, and the latter 
of that of the women. But it would appear from 
another passage of Varro (L. L. v. 131, ed. Miiller) 
referred to by Becker ( (Julius, vol. ii. p. 89 ), as if 
Varro had meant to give the name of .Suhucula to 
the under tunic, and that of Indusium or Intusium 
to the outer, though the passage is not without dif- 
ficulties. It appears, however, that Suhucula was 
chiefly used to denignatc the under tuuic of men. 
(Suet. Auij. 82 ; Hor. lipitL i. 1. 95.) The word 
iiitrrula na» of later origin, nnd seems to have ap- 
plied equally to the under tunic of both (czes. 
4 F 3 



1174 TUNICA. 

(Apul. Florid, ii. p. 32 ; Metam. viii. p. 533, ed. 
Oud. ; Vopisc. Prob. 4.) The Supparus or Sup- 
■parum is said by Festus (s. v.) to have been a linen 
vest, and to have been the same as the Subucula ; 
but Varro (v. 131), on the contrary, speaks of it 
as a kind of outer garment, and contrasts it with 
Subucula, which he derives from sublus, while sup- 
parus he derives from supra. The passage of Lucan 
(ii. 364) in which it is mentioned does not enable 
us to decide whether it was an outer or under gar- 
ment, but would rather lead us to suppose that it 
was the former. Persons sometimes wore several 
tunics, as a protection against cold : Augustus wore 
four in the winter, besides a Subucula. (Suet. 
Aug. 82.) 

As the dress of a man usually consisted of an 
under tunic, an outer tunic, and the toga, so that 
of a woman, in like manner, consisted of an under 
tunic {Tunica intima, Gell. x. 15), an outer tunic, 
and the palla. The outer tunic of the Roman 
matron was properly called Stola [StoLa], and is 
represented in the woodcut on p. 1073 ; but the 
annexed woodcut, which represents a Roman em- 
press in the character of Concordia, or Abundantia, 
gives a better idea of its form. (Visconti, Mo- 
numenti Gabini, n. 34 ; Bottiger, Sabina, tav. x.) 
Over the Tunic or Stola the Palla is thrown in 
many folds, but the shape of the former is still 
distinctly shown. 




The tunics of women were larger and longer 
than those of men, and always had sleeves ; but in 
ancient paintings and statues we seldom find the 
sleeves covering more than the upper part of the 
arm. An example of the contrary is seen in the 
Museo Borbonko, vol. vii. tav. 3. Sometimes, the 
tunics were adorned with golden ornaments called 
Lena. (Festus, s. v. ; Gr. Kypoi, Hesych. Suid. s. v.) 

Poor people, who could not afford to purchase a 
toga, wore the tunic alone, whence we find the 
common people called Tunicati. (Cic. in Hull. ii. 
34 ; Hor. Epist. i. 7. 65.) Persons at work laid 
aside the toga ; thus, in the woodcut on p. 808, a 
man is represented ploughing in his tunic only. A 
person who wore only his tunic was frequently 
called Nudus. 

Respecting the Clavus Latus and the Clavus 
Augustus, worn on the tunics of the Senators and 
Equites respectively, see Clavus. 



TURRIS. 

When a triumph was celebrated, the conqueror 
wore, together with an embroidered toga (Toga 
picta), a flowered tunic (Tunica palmata), also 
called Tunica Jovis, because it was taken from the 
temple of Jupiter Capitolinus. (Liv. x. 7 ; Mart, 
vii. 1 ; Juv. x.38.) [Triumphus, p. 1166, a.] Tunics 
of this kind were sent as presents to foreign kings 
by the senate. (Liv. xxx. 15, xxxi. 11.) 

TURI'BULUM (Pvpuariipiov), a censer. The 
Greeks and Romans, when they sacrificed, com- 
monly took a little frankincense out of the Acerra 
and let it fall upon the flaming altar. [Ara.] More 
rarely they used a censer, by means of which they 
burnt the incense in greater profusion, and which 
was in fact a small moveable grate or Foculus. 
(Aelian, V. H- xii. 51.) The annexed woodcut, 
taken from an ancient painting, shows the per- 
formance of both of these acts at the same time. 
Winckelmann (Mon. Ined. 177) supposes it to re- 
present Livia, the wife, and Octavia, the sister of 
Augustus, sacrificing to Mars in gratitude for his 
safe return from Spain. (Hor. Carm. iii. 14. 5.) 
The censer here represented has two handles for 
the purpose of carrying it from place to place, and 
it stands upon feet so that the air might be ad- 
mitted underneath, and pass upwards through the 
fuel. 






As the censer was destined for the worship of 
the gods, it was often made of gold or silver (Ep. 
ad ITeb. ix. 4 ; Thucyd. vi. 46) and enriched with 
stones and gems. (Herod, iv. 1 62 ; Cic. Verr. iv. 
21 — 24.) We find a silver censer in the official 
enumerations of the treasures presented to the Par- 
thenon at Athens : its bars (SiepeiV/itaTa) were of 
bronze. (Bockh, Corp. Inscrip. vol. i. pp. 198, 235, 
238.) [J. Y.] 

TURMA. [Exercitus, p. 497, b.] 

TURRIS (irvpyos), a tower. The word -ripens, 
from which comes the Latin iurris, signified ac- 
cording to Dionysius (i. 26) any strong building 
surrounded by walls ; and it was from the fact of 
the Pelasgians in Italy dwelling in such places 
that the same writer supposes them to have been 
called Tyrsenians or Tyrrhenians, that is s the in- 
habitants of towns or castles. Turris in the old 
Latin language seems to have been equivalent to 
urbs. (Polyb. xxvi. 4 ; Gottling, Gesch. d. Rom. 
Staatso. p. 17.) The use of towers by the Greeks 
and Romans was various. 

I. Stationary Towers. 1. Buildings of this form 
are frequently mentioned by ancient authors, as 
forming by themselves places of residence and 
defence. This use of towers was very common in 
Africa. (Diod. Sic. iii. 49, Itin. Ant. pp. 34, 35, 
with Wesseling's notes.) We have examples in 
the tower of Hannibal od his estate between 
Acholla and Thapsus (Liv. xxxiii. 48), the turris 



TURRIS. 



TURRIS. 



1175 



rryia of Jugurtha (Sallust, Jug. 103). the tower of I 
a private citizen without the walls of Carthage, hy | 
the help of which Scipio took the city (Appian. 
Pun. 117) ; and, in Spain, the tower in which | 
Cn. Scipio was burnt. (Appian. Hisp. 1 6.) Such ! 
towers were common in the frontier provinces of 
the Roman empire. (Ammian. MarcelL xxriu. 2.) 

2. They were erected within cities, partly to 
form a last retreat in case the city should be taken, 
and partly to overawe the inhabitants. In almost 
all Greek cities, which were usually built upon a 
hill, rock, or some natural elevation, there was a 
kind of tower, a castle, or a citadel, built upon the 
highest part of the rock or hill, to which the name 
of Acropolis was given, as at Athens, Corinth, 
Argos, Messene, and many other places. The 
Capitolhun at Rome answered the same purpose 
as the Acropolis in the Greek cities ; and of the 
same kind were the tower of Agathocles at Utica 
(Appian. Pun. 14), and that of Antonia at Jeru- 
salem. (Joseph, hell. Jud. r. 5. § 8, Act. Apostol. 
xxi. 31.) 

3. The fortifications both of cities and camps 
were strengthened by towers, which were placed 
at intervals on the murus of the former [Menus] 
and the vallum of the latter ; and a similar use 
was made of them in the lines (circumrallatio) 
drawn round a besieged town. [Vallum.] They 
were generally used at the gates of towns and of 
stative camps. [Porta.] The use of temporary 
towers on walls to repel an attack will be noticed 
below. 

[L Moveable Toxrers. These were amon? the 
most important engines used in storming a fortified 
place. They were of two kinds. Some were 
made so that they could be taken to pieces and 
carried to the scene of operations : these were 
called folding towers (rvpyot ttwctoi or irrvyntvoi, 
turret plicatites, or portable towers, <poprrrro\ Tvpryoi). 
The other sort were constructed on wheels, so as 
to be driven up to the walls ; and hence they were 
called turret ambulatoriae or subrotutue. But the 
turret plicatilet were eenerally made with wheels, 
so that they were also ambulatoriae. 

The first invention or improvement of such 
towers is ascribed by Athenaeus the mechanician 
(quoted by Lipsius, Oper. vol. iiL p. 297) to the 
Greeks of Sicily in the time of Dionysius I. (B.C. 
405.) Diodorus (xiv.51 ) mentions towers on wheels 
as used by Dionysius at ih«- si> e.' i.f Motya. II' 
had before (xiiu 54) mentioned towers as used at 
the siege of Selirrus (b. c 409), but he does not 
say that they were on wheels. According to others, 
they were invented by the engineers in the service 
of Philip and Alexander, the most famous of whom 
were Polyidus, a Thessalian, who assisted Philip at 
the siege of Byzantium, and his pupils Chaercas 
and Diades. (Vitruv. x. 19. s. 13.) Heron (c 13) 
ascribes their invention to Diades and Chaercas. 
Vitrnriuf (I.e.) Xn I)iades alone, and Athenaeus 
(t e.) says that they were improved in the time of 
Philip at the siece of ltvzantium. Vitruvius states 
that the towers of Diades were carried about by 
the army in separate pieces. Respecting the 
towers used by Demetrius Poliorcetes at the liege 
of Rhodes, see Hklecolis. 

Appinn mentions the turret jlieatilei (Dell. Cm. 
v. 36, 37). and states that at the siege of Rhodes 
Canhi* took snch towers with him in his ships, 
and had thrm set up on the upot. {lit. iv. 72.) 

Resides the frequ' nt allusions in ancient writers 



to the moveable towers (turret mobiles, Liv. xxi. 
11), we have particular descriptions of them by 
Vitruvius (x. 19. s. 13), and Vegetius (iv. 17). 

They were generally made of beams and planks, 
and covered, at least on the three sides which were 
exposed to the besieged, with iron, not only for 
protection, but also, according to Josephus, to in- 
crease their weight and thus make them steadier. 
They were also covered with raw hides and quilts, 
moistened, and sometimes with alum, to protect 
them from fire. The use of alum for this purpose 
appears to have originated with Snlla at the siege 
of Athens. (Amm. Marc. xx. and Claud. Quadrig. 
ap. Lips. p. 300.) Their height was such as to 
overtop the walls, towers, and all other fortifica- 
tions of the besieged place. (Liv. xxi. 11.) Vitru- 
vius (L c), following Diades, mentions two sizes 
of towers. The smallest ought not, he says, to be 
less than 60 cubits high, 17 wide, and one-fifth 
smaller at the top ; and the greater 120 cubits high 
and 234 wide. Heron (c. 13), who also follows 
Diades, agrees with Vitruvius so far, but adds an 
intermediate size, half-way between the two, 90 
cubits high. Vegetius mentions towers of 30, 40, 
and 50 feet square. They were divided into sto- 
ries (talmlata or tccta), and hence they are called 
turres cotUabulatae. (Liv. xxi. 34.) Towers of 
the three sizes just mentioned consisted respec- 
tively of 10. 15, and 20 stories. The stories de- 
creased in height from the bottom to the top. 
Diades and Chaereas. according to Heron, made 
the lowest story 7 cubits and 12 digits, those about 
the middle 5 cubits, and the upper 4 cubits and 
one-third of a cubit. 

The sides of the towers were pierced with win- 
dows, of which there were several to each story. 

These rules were not strictly adhered to in prac- 
tice. Towers were made of 6 stories, and even 
fewer. (Diod. xiv. 51.) Those of 10 stories were 
very common (Hirt. Dell. GalL viii. 41 ; Sil. ItaL 
xiv. 300), but towers of 20 stories are hardly, if 
ever, mentioned. Plutarch (Lucull. 10) speaks of 
one of 100 cubits high used by Mithridates at the 
siege of Cyzicus. 

The use of the stories was to receive the engines 
of war [TormenTa], and slingers and archers 
were stationed in them and on the tops of the 
towers. (Liv. xxi. 11.) In the lowest story 
was a battering-ram [Aries] ; and in the middle 
one or more bridges (pontes) made of beams and 
planks, and protected at the sides by hurdles. 
Scaling-ladders (scalae) were also carried in the 
towers, and when the missiles had cleared the 
walls, these bridges and ladders enabled the be- 
siegers to rush upon them. 

The towers were placed upon wheels (generally 
6 or 8), that they might be brought up to the 
walls. These wheels were placed for security in- 
side of the tower. 

The tower was built so far from the b<-sieged 
place as to be out of the enemy's reach, and then 
pushed up to the walls bv men stationed inside of 
and behind it (Caesar, H.G. ii. 30. 31 ; Q. Curt, 
viii. 10.) The attempt to draw them forward by 
beasts of burthen was sometimes made, but was 
easily defenu-d by shooting the beasts. (Procop. 
Ikll. (iotA. i. ap. Lips. p. 298.) They wi re gene- 
rally brought up up>m the Ai<ger (Hirtius, /. c.\ 
and it not unfrrqucntl y happened that a tower stuck 
fast or fell over on account of the softness of the 
airger. (Liv. xxxii. 17; (j. (,'urt. iv. 6. § 9.) They 
4 p 4 



1176 



TUTOR. 



TUTOR. 



were placed on the agger before it was completed, 
to protect the soldiers in working at it. (Sail. 
Jugurth. 76 ; Caesar, B. G. vii. 22.) When the 
tower was brought up to the walls without an 
agger, the ground was levelled before it by means 
of the Musculus. 

These towers were accounted most formidable 
engines of attack. They were opposed in the fol- 
lowing ways. 

1. They were set on fire, either by sallies of the 
besieged, or by missiles carrying burning matter, 
or by letting men down from the walls by ropes, 
close to the towers, while the besiegers slept. 
(Veget. iv. 18 ; Sil. Ital. xiv. 305.) 

2. By undermining the ground over which the 
tower had to pass, so as to overset it. (Veget. iv. 
20.) 

3. By pushing it off by main force by iron-shod 
beams, asseres or tralies. (Veget. I. c.) 

4. By breaking or overturning it with stones 
thrown from catapults, when it was at a distance, 
or, when it came close to the wall, by striking it 
with an iron-shod beam hung from a mast on the 
wall, and thus resembling an Aries. 

5. By increasing the height of the wall ; first 
with masonry, and afterwards with beams and 
planks, and also by the erection of temporary 
wooden towers on the walls. (Caesar, B. G. vii. 
22 ; Veget. iv. 19.) This mode of defence was 
answered by the besiegers in two ways. Either 
the agger on which the tower stood was raised, as 
by Caesar at the siege of Avaricum (B. G. I. a), or 
a smaller tower was constructed within the upper 
part of the tower, and when completed was raised 
by screws and ropes. (Veget. c.) On these 
towers in general see Lipsius, Poliorcet. in Oper. 
vol. iii. pp. 296—356. 

III. Caesar (B. C. ii. 8 — 9) describes a peculiar 
sort of tower, which was invented at the siege of 
Massilia, and called turris iatericia, or laierculum. 
It partook somewhat of the character both of a 
fixed and of a besieging tower. It was built of 
masonry near the walls of the town to afford the 
besiegers a retreat from the sudden sallies of the 
enemy ; the builders were protected by a moveable 
cover ; and the tower was pierced with windows 
for shooting out missiles. 

IV. Towers in every respect similar to the turres 
ambulatoriae (excepting of course the wheels) were 
constructed on ships, for the attack of fortified 
places by sea. (Caes. Bell. Civ. iii. 40, where, 
respecting the term ad libram, see the commenta- 
tors ; Liv. xxiv. 34; Appian. Mith. 73, Bell. Civ. 
v. 106; Amm. Marc. xxi. 12.) 

V. Small towers carrying a few armed men 
were placed on the backs of elephants used in battle. 
(Liv. xxxvii. 40.) 

VI. The words irvpyos and turris are applied to 
an army drawn up in a deep oblong column. (Gell. 
x. 9 ; Cato, de Re MUit. ap. Fest. s. v. Serra proe- 
liari, p. 344, ed. Muller ; Eustath. ad Horn. II. 
xii. 43.) ' [P. S.] 

TUTE'LA. [Tutor.] 
TUTE'LAE ACTIO. [Tutor.] 
TUTOR. The difference between a Tutor and 
Tutela, and Curator and Curatio or Cura, is ex- 
plained in the article Curator. In the Roman 
system there might be persons who were under no 
potestas, and had property of their own, but by 
reason of their age or sex required protection for 
their own interest, and for the interest of those who 



might be their herodes. This protection was given 
by the tutela to Impuberes and women. 

A Tutor derived his name a " tuendo " from pro- 
tecting another (quasi Tuitor). His power and of- 
fice were " Tutela," which is thus defined by Servius 
Sulpicius (Dig. 26. tit. 1. s. 1) : " Tutela est vis 
ac potestas in capite libera ad tuendum eum qui 
propter aetatem suam (sua) sponte se defendere 
nequit jure civili data ac permissa." After the 
word " suam " it has been suggested by Rudorff 
that something like what follows has been omitted 
by the copyists : " eamve quae propter sexum," a 
conjecture which seems very probable. Tutela ex- 
presses both the status of the Tutor and that of the 
person who was In Tutela. The tutela of Im- 
puberes was a kind of Potestas, according to the 
old law : that of Mulieres was merely a Jus. 

As to the classification of the different kinds 
(genera) of Tutela, the jurists differed. Some 
made five genera, as Quintus Mucius; others three, 
as Servius Sulpicius ; and others two, as Labeo. 
The most convenient division is into two genera, 
the tutela of Impuberes (pupilli, pupillae), and 
the tutela of Women. The pupillus or the pupilla 
is the male or the female who is under Tutela. 

Every paterfamilias had power to appoint by 
testament a Tutor for his children who were in his 
power : if they were males, only in case they were 
Impuberes ; if they were females, also in case they 
were marriageable (nubiles), that is above twelve 
years of age. Therefore if a tutor was appointed 
for a male, he was released from the Tutela on at- 
taining puberty (fourteen years of age), but the 
female still continued in tutela, unless she was re- 
leased from it by the Jus Liberorum under the 
Lex Julia et Papia Poppaea. A man could only 
appoint a Tutor for his grandchildren, in case they 
would not upon his death come into the power of 
their father. A father could appoint a tutor for 
Postumi, provided they would have been in his 
power, if they had been born in his life-time. A 
man could appoint a tutor for his wife in manu, 
and for his daughter-in-law (nurus) who was in 
the manus of his son. The usual form of appoint- 
ing a Tutor was this : " Lucium Titium Liberis 
meis tutorem do." A man could also give his wife 
in manu the power of choosing a tutor (tutoris 
optio) ; and the optio might be either plena or 
angusta. She who had the plena optio might 
choose (and consequently change) her tutor any 
number of times : she who had the angusta optio 
was limited in her choice to the number of times 
which the testator had fixed. [Testamentum.] 

The power to appoint a tutor by will was either 
given or confirmed by the Twelve Tables. The 
earliest instance recorded of a testamentary Tutor 
is that of Tarquinius Priscus being appointed by 
the will of Ancus (Liv. i. 34), which may be taken 
to prove this much at least, that the power of ap- 
pointing a tutor by will was considered by the 
Romans as one of their oldest legal institutions. 
The nearest kinsmen were usually appointed Tu- 
tores, and if a testator passed over such, it was a 
reflection on their character (Cic.pro P. Sexiio, 52), 
that is, we must suppose, if the testator himself 
was a man in good repute. Persons named and 
appointed Tutores by a will were Tutores Dativi : 
those who were chosen under the power given by 
a will were Tutores Optivi. (Gaius, i. 154.) 

If the testator appointed no tutor by his will, 
the tutela was given by the Twelve Tables to the 



TUTOR. 



TUTOR. 



1177 



nearest Agnati, and such Tutore3 were called Legi- 
timi. The nearest Agnati were also the heredes in 
case of the immediate heredes of the Testator dying 
intestate and without issue, and the tutela was 
therefore a right which they claimed as well as a 
duty imposed on them. Persius (ii. 12) alludes to 
the claim of the Tutor as heres to his pupillus. A 
son who was pubes, was the legitinius tutor of a 
son who was impubes ; and if there was no son who 
was pubes, the son who was impubes had his father's 
brother (patruus) for his tutor. The same rule ap- 
plied to females also, till it was altered by a Lex 
Claudia. If there were several agnati in the same 
degree, they were all tutores. If there were no 
Agnati, the tutela belonged to the Gentiles, so long 
as the Jus Gentilicium was in force. (Gaius, iii. 
17, and i. 164.) The tutela in which a freedman 
was with respect to his Patronus was also Legitima; 
not that it was expressly given by the words {lex) 
of the Twelve Tables, but it flowed from the lex 
as a consequence (per consequential)!, Ulp. Frag. 
tit 11); for as the hereditates of intestate liberti 
and libcrtac belonged to the patronus, it was as- 
sumed that the tutela belonged to him also, since 
the Twelve Tables allowed the same persons to be 
tutors in the case of an ingenuus, to whom they 
gave the hereditas in case there was no suus heres. 
(Gaius, i. 165.) 

If a free person had been mancipated to another 
cither by the parent or cocmptionator, and such 
other person manumitted the free person, he be- 
came his tutor fiduciarius by analogy to the case of 
freedman and patron. (Compare Gaius, i. 166 with 
U\p.Frag. tit. U.S. 5.) [E.MANCiPATio;FmcciA.] 

If an impubes had neither a tutor Dativus nor 
Legitimus, he had one given to him, in Rome, un- 
der the provisions of the Lex Atilia by the Praetor 
Urbanus and the major part of the Tribuni Plcbis; 
in the provinces in such cases a tutor was appointed 
by the Pracsidcs under the provisions of the Lex 
Julia ct Titia. [Lkx Julia et Titia.] If a 
tutor was appointed by testament either sub condi- 
cione or ex die ccrto, a tutor might be given under 
these Leges so long as the condition had not taken 
effect or the day had not arrived : and even when 
a tutor had been appointed absolutely (pure), a 
tutor might be given under these Leges so long as 
there was no herc9 ; but the power of such tutor 
ceased as soon as there was a tutor under the tes- 
tament, that is, as soon as there was a heres to 
take the hereditas. If a tutor was captured by 
the enemy, a tutor was also given under these 
Lege*, but such tutor ceased to be tutor, as soon as 
the original tutor returned from captivity, for he 
recovered his tutela Jure Postliminii. 

Heforc the passing of the Lex Atilia tutors were 
given by the praetor in other cases, as for instance, 
when the legll actiones were in use, the Praetor 
appointed a tutor if there was any action between 
a tutor and a woman or ward, for the tutor could 
not give the necessary authority (fludoritat) to 
the acts of those whose tutor he was, in a matter 
in which his own interest was concerned. Other 
caws in which a tutor was given are mentioned by 
1 Ipian, Frruf. tit. II. 

Ulpinn's division of Tutores is into Legitimi, 
Senatusconsultis constituti, Moribus introducti. 
His legitimi tutores comprehend all those who be- 
come tutores by virtue of any Lex, and specially 
by the Twelve Tables : accordingly it comprise 
MORS in the caw of intestacy, tutores appointed 



by testament, for they were confirmed by the 
Twelve Tables, and tutores appointed under any 
other Lex as the Atilia. Various Senatusconsulta 
declared in what cases a tutor might be appointed ; 
thus the Lex Julia de maritandis ordinibus (Papia 
et Poppaea) enacted that the Praetor should ap- 
point a tutor for a woman or a virgin, who was re- 
quired to marry by this law, " ad dotem dandam, 
dicendam, promittendamve,*' if her Legitimus tutor 
was himself a Pupillus : a Senatusconsultum ex- 
tended the provision to the provinces, and enacted 
that in such case the praesides should appoint a 
tutor ; and also that if a tutor was mutus or furiosus, 
another should be appointed for the purposes of the 
Lex. The case above mentioned of a tutor being 
given in the case of an action between a tutor and 
his ward, is a case of a tutor Moribus datus. In 
the Imperial period from the time of Claudius tu- 
tores extra ordinem were appointed by the consuls 
also. 

Only those could be Tutores who were sni juris. 
A person could not be named Tutor in a Testa- 
ment, unless he had the Tcstamentifactio with the 
Testator, a rule which excluded such persons as 
Peregrini. The Latini Juniani were excluded by 
the Lex Junia. (Gaius, i. 23.) Women could 
not be Tutores. Many persons who were com- 
petent to be Tutores, might excuse themselves 
from taking the office : these grounds of excuse 
(ejceusationes) were, among others, age, absence, 
the being already Tutor in other cases, the holding 
of particular offices and other grounds which are 
enumerated in the Fragmenta Vaticana (123 — 
247). In the system of Justinian the tutela is 
viewed as a Publicum munus. 

The power of the Tutor was with respect to the 
property and pecuniary interests, not the person of 
the Pupillus, and the passage of the Twelve Tables 
which gives or confirms to a testator the power of dis- 
posing of his property, uses the phrase, Uti legassit 
super pecunia tutelave suae rci, that is the Tutela 
of the property. It was not absolutely essential 
to the notion of Tutela that the Tutor should have 
the administration of property ; and he had it not 
in the case of Mulicres. It might happen that the 
Tutores from their nearness of blood and other 
causes might have the guardianship of the Im- 
pubes ; but then the protection of the property of 
the Impubes was the special office of the Tutor, 
and the care of the infant belonged to the mother, 
if she survived (custodia matruin, I lor. Kp. i. 1. 
22). In a case mentioned by Livy ( iv. 9), where 
the mother and the Tutores could not agree about 
the marriage of the mother's daughter, the ma- 
gistrate decided in favour of the mother's power 
(seruniliim parentis arliitrium). As to the later 
law, see Dig. 27. tit. 2. s. 1. § 6. 

A pupillus could do no net by which he dimi- 
nished his property, but any net to which he was 
a party was valid, so far as concerned the pupillus, 
if it was for his advantage. Consequently n 
pupillus could contract obliipitiones, which were for 
his advantage, without his Tutor. ( ( iaiug, iii. 107.) 
The Tutor's office was " negotia gererc et nuctori- 
tatem interponere." Thus the natural act of the 
pupillus became by auctnritatis interposilio of the 
Tutor, a legal net ; and thus the pupillus and his 
Tutor formed one complete person, as to legal ca- 
pacity to art. No particular form was required 
for the expression of the tutor's auctoritas, and his 
presence, wh n n the act was done by the pupillus. 



1170 



TUTOR. 



TUTOR. 



waa enough, if he made no opposition to it. (Ulp. 
Frag. tit. 11. s. 25.) The Negotiorum Gestio in 
which the Tutor acted alone took place when the 
Pupillus was an Infans, or absent, or Furiosus : 
it was his duty to preserve and improve the 
property and to do all necessary acts for that pur- 
pose. When the Pupillus was no longer Infans, 
he could do various acts with the Auctoritas of his 
Tutor : the auctoritas was the consent of the Tutor 
to the act of the Pupillus, which was necessary in 
order to render it a legal act. Thus it was a rule 
of law that neither a woman nor a pupillus could 
alienate a Res mancipi without the auctoritas of a 
Tutor : a woman could alienate a Res nec mancipi 
without such consent, but a pupillus could not. 
(Gaius, ii. 80.) The incapacity of the pupillus is 
best shown by the following instance : if his debtor 
paid a debt to the pupillus, the money became the 
property of the pupillus, but the debtor was not 
released, because a pupillus could not release any 
duty that was due to himself without the auctoritas 
of his Tutor, for he could alienate nothing without 
such auctoritas, and to release his debtor was equi- 
valent to parting with a right. Still if the money 
really became a part of the property of the pupillus, 
or, as it was expressed according to the phraseology 
of the Roman Law, si ex eapecunia hcupletior /actus 
sit, and he afterwards sued for it, the debtor might 
answer his demand by an Exceptio doli mali. 
(Gaius, ii. 84; Cic. Top. 11.) The subject of the 
incapacity of Impuberes and the consequent ne- 
cessity of the auctoritas of a Tutor is further ex- 
plained in the articles Impubes and Infans. 

The tutela was terminated by the death or 
capitis deminutio maxima and media of the Tutor. 
The case of a Tutor being taken prisoner by the 
enemy has been stated. (Gaius, i. 187.) A legi- 
timus Tutor became disqualified to be Tutor legiti- 
mus if he sustained a capitis deminutio minima, 
which was the case if he allowed himself to be 
adopted (Gaius, i. 195 ; Ulp. Frag. tit. 11. s. 13); 
but this was not the case with a testamentary 
Tutor. The tutela ceased by the death of the 
pupillus or pupilla, or by a capitis deminutio, as for 
instance the pupilla coming in manum viri. It 
also ceased when the pupillus or pupilla attained 
the age of Puberty, which in the male sex was 
fourteen and in the female was twelve. [Impubes.] 
The tutela ceased by the abdicatio of the testa- 
mentary Tutor, that is, when he declared " nolle 
se tutorem esse." The Tutor legitimus could only 
get rid of the Tutela, in such cases as he could get 
rid of it, by In jure cessio, a privilege which the 
Testamentary tutor had not. The person to whom 
the tutela was thus transferred was called Cessicius 
Tutor. If the Cessicius Tutor died, or sustained a 
Capitis deminutio, or transferred the tutela to 
another by the In jure cessio, the tutela reverted 
to the legitimus tutor. If the legitimus tutor died, 
or sustained a capitis deminutio, the cessicia be- 
came extinguished. Ulpian adds {Frag. tit. xi. 
s. 8) : " as to what concerns adgnati, there is now 
no cessicia tutela, for it was only permitted to 
transfer by the In jure cessio the tutela of females, 
and the legitima tutela of females was done away 
with by a Lex Claudia, except the tutela patro- 
norum." The power of the legitimus tutor to 
transfer the tutela, is explained when we consider 
what was his relation to the female. [Testa- 
wentijm.] 

The tutela of a tutor was terminated, when he 



was removed from the tutela as suspcctus, or when 
his excusatio was allowed to be justa ; but in both 
of these cases, a new tutor would be necessary. 
(Gaius, i. 182.) 

The tutor, as already observed, might be re- 
moved from his office, if he was misconducting 
himself: this was effected by the Accusatio sus- 
pecti, which is mentioned in the Twelve Tables. 
(Gaius, i. 182 ; Dirksen, Uebersicld, &c.der Zwolf 
Tafcln, 599—604.) 

The Twelve Tables also gave the pupillus an 
action against the Tutor in respect of any mis- 
management of his property, and if he made 
out his case, he was entitled to double the amount 
of the injury done to his property. This appears 
to be the action which in the Digest is called 
Rationibus distrahendis, for the settlement of all 
accounts between the Tutor and his Pupillus. 
There was also the Judicium tutelae, which com- 
prehended the Actio tutelae directa and Contraria, 
and like the Actio distrahendis rationibus could 
only be brought when the Tutela was ended. The 
Actio tutelae directa was for a general account of 
the property managed by the Tutor, and for its 
delivery to the pupillus now become Pubes. The 
tutor was answerable not only for loss through 
dolus malus, but for loss occasioned by want of 
proper care. This was an action Ronae fidei and 
consequently In incertum (Gaius, iv. 62). If the 
tutor was condemned in such a judicium, the con- 
sequence was Infamia. [Inpamia.] The tutor 
was intitled to all proper allowances in respect of 
what he had expended or done during his manage- 
ment of the property of the pupillus. The Tutor 
had the Actio tutelae contraria against the pupillus 
for all his proper costs and expenses ; and he 
might have also a Calumniae judicium, in case he 
could show that the pupillus had brought an action 
against him from malicious motives. 

In order to secure the proper management of the 
property of a pupillus or of a person who was In 
curatione, the Praetor required the Tutor or Cura- 
tor to give security ; but no security was required 
from Testamentary Tutores, because they had been 
selected by the testator ; nor, generally, from Cu- 
ratores appointed by a Consul, Praetor or Praeses, 
for they were appointed as being fit persons. 
(Gaius, i. 199.) 

The Tutela of women who are puberes, requires 
a separate consideration. If they were not in 
Potestas or In Manu, yet they were under a 
Tutela. 

It was an old rule of Roman Law that a woman 
could do nothing " sine auctore," that is without a 
tutor to give to her acts a complete legal character. 
(Liv. xxxiv. 2, the speech of Cato for the Lex 
Oppia.) The reasons for this rule are given by 
Cicero {pro Murena, c. 12), by Ulpian (Frag. tit. 
11. s. 1) and by Gaius (i. 190) ; but Gaius con- 
siders the usual reasons as to the rule being founded 
on the inferiority of the sex, as unsatisfactory; for 
women who are puberes (perfectae aetatis) manage 
their own affairs, and in some cases a tutor must 
interpose his auctoritas (dicis causa), and frequently 
he is compelled to give his auctoritas by the Praetor. 
(Gaius, i. 190.) Ulpian also observes (Frag. tit. 
11. s. 25) : " in the case of pupilli and pupillae, 
tutores both manage their affairs and give their 
auctoritas (et negotia gerunt et aiictoritatem inter- 
pommt); but the tutores of women (mulieres, that 
is women who are puberes) only give their aucto- 



TUTOR. 



TUTOR. 



1179 



ritas." There were other cases also in which the 
capacity of a Mulier was greater than that of a 
Pupillus or Pupilla. The object of this rule seems 
to have been the same as the restriction on the 
Testamentary power of women, for her Agnati 
who were a woman's Legitimi Tutores were in- 
terested in preventing the alienation of her pro- 
perty. 

A Mulier might have a Tutor appointed by her 
father's Testament ; or by the Testament of her 
husband in whose hand she was (tutor dativus). 
She might also receive from her husband's will the 
Tutoris Optio (tutor optivus). Women who had 
no testamentary Tutor, were in the tutela of their 
Agnati, until this rule of law was repealed by a 
Lex Claudia, which Gaius (i. 157) illustrates as 
follows : " a masculus impubes has his frater 
pubes or his patruus for his tutor ; but women 
(faeminae) cannot have such a tutor." This old 
tutela of the Twelve Tables (legitima tutela) and 
that of manumissores (patronorum tutela) could be 
transferred by the In jure cessio, while that of 
pupilli could not, u being," as Gaius observes, 
" not onerous, for it terminated with the period of 
puberty." But, as already suggested, there were 
other reasons why the Agnati could part with the 
tutela, which in the case of Patroni are obvious. 
The tutela of Patroni was not included within the 
Lex Claudia. The Tutela fiduciaria was ap- 
parently a device of the lawyers for releasing a 
woman from the tutela legitima (Cic. pro Alurena, 
c. 12) ; though it seems to have been retained, 
after the passing of the Lex Claudia, which took 
away the tutela of Agnati over women, as a general 
mode by which a woman changed her Tutor. 
(Gaius, i. 115.) To effect this, the woman made 
a * coemptio fiduciae causa ; " she was then re- 
mancipated by the coemptionator to some person 
of her own choice : this person manumitted her by 
Vindicta, and thus became her Tutor fiduciarius. 
Thus the woman passed from her own familia to 
another, and her Agnati lost all claims upon her 
property, and her Tutor fiduciarius might be com- 
pelled by the Praetor to give his auctoritas to her 
acts. (Gaius, i. 190, ii. 122.) 

A tutor dativus was given to women under the 
Lex Atilia, when there was no tutor ; and in other 
cases which have been already mentioned. (Gaius, 
i. 173, &c; Ulp. Frag, tit 11.) The Vestal Virgins 
were exempt from tutela ; and both Ingenuac and 
Libertinne were exempted from tutela by the Ju3 
Uh wmim . (Gaius, i. 145, 194.) Octavia, the 
sister of Caesar Octavianus, and his wife Livia, 
were released from Tutela by a special enactment. 
( Dion Cass. xlix. 3lf.) The tutela of feminae 
was determined by the death of the Tutor, or that 
of the woman ; and by her acquiring the Jus 
Libcrorum, either by bearing children, or from the 
Imperial favour. The abdicatio of the Tutor, and 
the In jure cessio (so long as the In jure cessio 
was in use) merely effected a change of Tutor. 

Muliercs differed from pupilli and pupillac in 
bating a capacity to manage their affairs, and only 
requiring in certain cases the Auctoritas of a Tutor. 
If the woman was in the legitima tutela of patroni 
or parentes, the Tutores could not be compelled, 
except in certain very specinl cases, to give their 
auctoritas to acts which tended to deprive them of 
the woman's property, or to diminish it before it 
might come to their hands. (Gaius, 192.) Other 
Tutores could be compelled to give their auctoritas. 



The special cases in which the auctoritas of a Tutor 
was required were, if the woman had to sue lege," 
or in a legitimum judicium, if she was going to bind 
herself by a contract, if she was doing any Civil 
act, or permitting her freedwoman to be in contu- 
bernium with the slave of another person, or alien- 
ating a Res Mancipi. Among Civil Acts (civilia 
negotia) was the making of a Testament, the rules 
as to which are stated in the article Testa- 
MExruir. Libertae could not make a will with- 
out the consent of their Patroni, for the will was 
an act which deprived the Patron of his rights 
(Gaius, iii. 43) as being a Legitimus tutor. Gaius 
mentions a Rescript of Antoninus, by which those 
who claimed the bonorum possessio secundum ta- 
bulas non jure factas, could maintain their right 
against those who claimed it ab intestate He adds, 
this Rescript certainly applies to the wills of males, 
and also of feminae who had not performed the 
ceremony of Mancipatio or Nuncupatio ; but he 
does not decide whether it applies to the testa- 
ments of women made without the auctoritas of a 
tutor ; and by tutor he means not those who ex- 
ercised the legitima tutela of parents or Patroni ; 
but Tutors of the other kind (alterius generis, com- 
pare ii. 122 and i. 194, 195) who could be com- 
pelled to give their auctoritas. It would be a fair 
conclusion, however, that a woman's will made 
without the auctoritas of such tutores, ought to be 
valid under the Rescript, 

A payment made to a mulier was a release to 
the debtor, for a woman could part with Res nec 
Mancipi without the auctoritas of a Tutor : if, 
however, she did not receive the money, but af- 
fected to release the debtor by acccptilatio, this was 
not a valid release to him. (Cic Top. 11 ; Gaius, 
ii. 83, 85, iii. 171.) She could not manumit 
without the auctoritas of a tutor. (Ulp. Frag, tit i. 
s. 17; compare Cic. pro M. Coet. c. 29.) Gaius (ii. 
47) states that no alienation of a Res Mancipi 
by a mulier in agnatorum tutela was valid unless 
it was delivered with the anctoritis of a Tutor, 
which he expresses by saying that her Res Man- 
cipi could not otherwise be the object of Usucapion, 
and that this was a provision of the Twelve Tables 
(ii. 47). In other cases, if a Res Mancipi was 
transferred by tradition, the purchaser acquired the 
yuirittrian ownership by Usucapion [ Usicapio] ; 
but in the case of a woman's Res Mancipi, the 
auctoritas of the Tutor was required in order that 
Usucapion might be effected. In another passage 
(ii. 80) Gaius observes that a woman cannot 
alienate her Res Mancipi without the auctoritas of 
her tutor, which means that the formal act of 
mancipatio is null without his nuctoritas ; and such 
act could not operate as a traditio for want of his 
auctoritas as appears from the other passage (ii. 47). 
The passage of Cicero (pro /•'/nrro, c. 34) is in ac- 
cordance with Gaius; but nnother (ad Alt. i. 5) is 
expressed so vaguely, that though the explanation 
is generally supposed to be clear, it Menu ex- 
ceedingly doubtful, if it can be rightly understood. 
The possibility of U usucapion, when there was tho 
auctoritas of the Tutor, appears from Gaius ; but 
it docs not appear why Cicero should deny, gene- 
rally, the possibility of Usucapion of a woman's 
property, when she was in Legitima Tutela. Tho 
passage, however, is perfectly intelligible on the 
supposition of there having been a transfer without 
the auctoribi* of a Tutor, and on the further sup- 
position of Cicero thinking it unnecessary to statu 



1180 



TYMPANUM. 



TYMPANUM. 



the particular facts of a case which must have been 
known to Atticus. (See Casaubon's note on Cic. 
ad Att. i. S.) 

The auctoritas of a Tutor was not required in 
the case of any Obligatio by which the woman's 
condition was improved ; but it was necessary in 
cases where the woman became bound. (Gaius, i. 
192, iii. 108 ; Ulp. Frag. tit. 11. s. 27; Cic. pro 
Caecin. 25.) If the woman wished to promise a 
Dos, the auctoritas - of a Tutor was necessary. 
(Cic. pro Flacc. 35.) By the Lex Julia, if a 
woman was in the legitima tutela of a pupillus, 
she might apply to the Praetor Urbanus for a 
Tutor who should give the necessary auctoritas in 
the case of a Dos constituenda. (Gaius, i. 178 ; 
Ulp. Frag. 11. tit. 20.) As a woman could alienate 
Res nec mancipi without the consent of a Tutor, 
she could contract an obligation by lending money, 
for by delivery the money became the property of 
the receiver. A senatusconsultum allowed a wo- 
man to apply for a Tutor in the absence of her 
Tutor, unless the Tutor was a Patronus ; if he was 
a Patronus, the woman could only apply for a 
Tutor in order to have his auctoritas for taking 
possession of an hereditas (ad hcreditatem adeun- 
darri) or contracting a marriage. 

The Tutela of a woman was terminated by the 
death of the Tutor or that of the woman ; by a 
marriage by which she came in manum viri ; by 
the privilege of children (jus liberoruni) • by abdi- 
catio, and also by the in jure cessio, so long as the 
Agnatorum tutela was in use : but in these two last 
cases there was only a change of Tutor. 

A woman had no right of action against her 
Tutor in respect of his Tutela, for he had not the 
Negotiorum gestio, or administration of her pro- 
perty, but only interposed his Auctoritas. (Gaius, 
i. 191.) 

The tutela mulierum existed at least as late as 
Diocletian, A. D. 293 (Vat. Frag. § 325). There 
is no trace of it in the Code of Theodosius, or in 
the legislation of Justinian. 

(The most recent and the most complete work on 
the Roman Tutela is said to be by Rudorff (Das 
Recht der Vormundschaft, 1832 — 1834), the sub- 
stance of which appears to be given by Rein, Das 
Pom. Privatrecht, p. 239, &c; Gaius, i. 142—200; 
Ulp. Frag. xi. xii. ; Inst. 1. tit. 13—26 ; Dig. 26 
and 27; Cod. 5. tit. 28—75.) [G. L.] 

TUTULUS was the name given to a pile of 
hair on a woman's head. Great pains were taken 
by the Roman ladies to have this part of the hair 
dressed in the prevailing fashion, whence we read 
in an inscription of an ornatrix a lutulo. (Gruter, 
579. 3.) Sometimes the hair was piled up to an 
enormous height. (Lucan, ii. 358 ; Juv. vi. 503 ; 
Stat. Silv. i. 2. 114.) The Tutulus seems to have 
resembled very much the Greek KSpvfiSos, of which 
a representation is given in the first woodcut on 
p. 329, a. 

The Flaminica always wore a Tutulus, which 
was formed by having the hair plaited up with a 
purple band in a conical form. (Festus, s.v.) 

TY'MPANUM (TVfnravov), a small drum car- 
ried in the hand. Of these, some resembled in all 
respects a modern tambourine with bells. Others 
presented a flat circular disk on the upper surface 
and swelled out beneath like a kettledrum, a shape 
which appears to be indicated by Pliny when he 
describes a particular class of pearls in the follow- 
ing terms : " Quibus una tantum est facies, et ab 



ea rotunditas, aversis planities, ob id tympania 
vocantur." (H. N. ix. 54.) Both forms are repre- 
sented in the cuts below. That upon the left is 
from a painting found at Pompeii (Mus. Borbon. 
torn. vii. tav. 37), that on the right from a fictile 
vase (Millin, Peintures de Vases Antiques, pi. 56), 
and here the convexity on the under side is dis- 
tinctly seen. Tympana were covered with the 




hides of oxen (Ovid. Fast. iv. 342 ; Stat. Tlteb. ii. 
78) or of asses (Phaedr. iii. 20. 4), were beaten 
(Suet. Aug. 68) with a stick (Phaedr. I. c.) or 
with the hand (Ovid. Met. iv. 30 ; see cuts), and 
were much employed in all wild enthusiastic reli- 
gious rites (Aristoph. Lysistr. i. 387), especially 
,the orgies of Bacchus and of Cybele (Catull. 
lxiv. 262; Claud. deCons. Stilich. iii. 365; Lucret. 
ii. 618 ; Catull. lxiii. 8; Virg. Aen. ix. 619; Claud. 
Eutrop. i. 278 ; compare Lobeck, Aglaophamus, 
pp. 630, 652), and hence Plautus (True. ii. 7. 49) 
characterises an effeminate coxcomb as " Moechum 
malacum, cincinnatum, umbraticolam, tympanotri- 
bam." According to Justin (xli. 2) they were 
used hy the Parthians in war to give the signal for 
the onset. 

2. A solid wheel without spokes for heavy 
waggons (Virg. Georg. iv. 444), such as is shown 
in the cut on page 923. These are to this day 
common in the rude carts of southern Italy and 
Greece, and Sir C. Fellows (Excursions in Asia 
Minor, p. 72), from whose work the figure below 
is copied, found them attached to the farm vehicles 
of Mysia. " The wheels are of solid blocks of 
wood, or thick planks, generally three, held to- 
gether by an iron hoop or tire ; a loud creaking 
noise is made by the friction of the galled axle," 
a satisfactory commentary on the "stridentia 
plaustra " of Virgil (Georg. iii. 536). 




3. Hence, wheels of various kinds, a sort of 
crane worked by a wheel for raising weights 
(Lucret. iv. 903 ; Vitruv. x. 4 ; Antlia), a wheel 
for drawing water (Vitruv. x. 14), a solid toothed 
wheel forming part of the machinery of a mill 
(Vitruv. x. 9, 10), and the like. 

4. An ancient name for round plates or chargers, 
such as were afterwards called lances and staterae. 
(Plm.H.N. xxxiii. 52.) 

5. An architectural term signifying the flat sur- 
face or space within a pediment, and also the 
square panel of a door. (Vitruv. iii. 3, iv. 6.) 



TYRANNUS. 



TYRANNUS. 



nm 



6. A wooden cudgel for heating malefactors, and 
also a beating post to which they were tied when 
flogged ; hence the Greek verbs Tvinravi^nv and 
airtrrvinravi^eiv are formed. (SchoL ad Aristoph. 
Plut. 476 ; St Paul,£j>. to Hebrews, XL 35 ; Pol- 
lux, 70.) [ W. R.] 

TYPUS (tvttos), which properly means a blow, 
and hence the effect of a blow, and specifically a 
mark or impress made by a blow, is applied in the 
arts to any die or mould, and to any figure formed 
by striking from a die, or by casting in a mould, 
or even by cutting, as a cameo or intaglio, and, 
more generally, to any figure whatever, as being 
the type or facsimile of the thing represented by it 
(See the Lexicons.) By the typi which Cicero 
(ad Att. i. 10) commissions Atticus to obtain for 
him to work into the plastering of his atrium, he 
probably means reliefs of any sort. The different 
specific meanings included in the word are more 
exactly expressed by certain compounds, such as 
dir/Twor, the copy or impress of a tvttos, a die or 
mould ; tirrvrros and ivrvnufia, a sunken pattern or 
intaglio; (Ktvttos, a relief of any kind, especially a 
cameo, and, more specifically, a high-relief, as op- 
posed to ji-poVrtmos, a low-relief.) Comp. Fictile, 
p. 532, a ; Forma. [P. S.] 

TYRANNUS (Tvpavvos). In the heroic age 
all the governments in Greece were monarchical, 
the king uniting in himself the functions of the 
priest, the judge, and military chief. These were 
the TroTpiical /9a<nA«Tai of Thucydidcs. (i. 13.) In 
the first two or three centuries following the Trojan 
war various causes were at work, which led to the 
abolition, or at least to the limitation, of the kingly 
power. Emigrations, extinctions of families, disas- 
ters in war, civil dissensions, may be reckoned 
among these causes. Hereditary monarchies be- 
came elective ; the different functions of the king 
were distributed ; he was called &px uv , k6o~(u>s, 
or wpdrara, instead of fiaoihevs, and his character 
was changed no less than his name. Noble and 
wealthy families began to be considered on a foot- 
ing of equality with royalty ; and thus in process 
of time sprang up oligarchies or aristocracies, which 
most of the governments that succeeded the ancient 
monarchies were in point of fact, though not as 
yet called by such names. These oligarchies did 
not possess the elements of social happiness or sta- 
bility. The principal families contended with each 
other for the greatest share of power, and were 
only unanimous in disregarding the rights of those 
whose station was beneath th<-ir own. The people, 
oppressed by the privileged classes, began to regret 
the loss of their old paternal form of government ; 
and were ready to assist any one who would at- 
tempt to restore it Thus were opportunities af- 
forded to ambitious and designing men to raise 
themselves, by starting up as the champions of 
popular right Discontented nobles were soon 
found to prosecute schemes of this sort, and they 
had a greater chance of success, if descended from 
the ancient royal fnrnily. Peisistrntus is an ex- 
ample ; he was the more acceptable to the people 
of Athens, as being a descendant of the family of 
Codras. (Herod, v. C5.) Thus in many cities 
arose that species of monarchy which the firecks 
allied Tvpwn'f, which meant only a dttpotitlH, or 
irresponsible dominion of one man ; and which 
frequently was nothing more than a revival of the 
ancient government, and, though unoccom|>niiied 
with any recognized hereditary title, or the rcve 



rence attached to old name and long prescription, 
was hailed by the lower orders of people as a good 
exchange, after suffering under the domination of 
the oligarchy. All tyrannies, however, were not 
so acceptable to the majority ; and sometimes we 
find the nobles concurring in the elevation of a 
despot, to further their own interests. Thus the 
Syracusan Gamori, who had been expelled by the 
populace, on receiving the protection of Gelon, 
sovereign of Gela and Camarina, enabled him to 
take possession of Syracuse, and establish his king- 
dom there. (Herod, vii. 154, 155.) Sometimes 
the conflicting parties in the state, by mutual con- 
sent, chose some eminent man, in whom they had 
confidence, to reconcile their dissensions ; investing 
him with a sort of dictatorial power for that pur- 
pose, either for a limited period or otherwise. 
Such a person they called ai<TVfivi)T-ns. [AESi'M- 

XETES.j 

A similar authority was conferred upon Solon, 
when Athens was torn by the contending factions 
of the AiaKpioi, IleSiaioi, and rio'paAoi, and he 
was requested to act as mediator between them. 
Solon was descended from Codrus, and some of 
his friends wished him to assume the sovereignty ; 
this he refused to do, but, taking the constitu- 
tional title of Archon, framed his celebrated form 
of polity and code of laws. (Herod, i. 29 • Pint. 
Solon, c. 13, &c. ; Schdmann, Antiq. Jur. pull. Gr. 
p. 173.) The legislative powers conferred upon 
Draco, Zaleucus, and Charondas, were of a similar 
kind, investing them with a temporary dictator- 
ship. 

The Tvpavvos must be distinguished, on the one 
hand, from the a!<TvfiyfiT-ns, inasmuch as he was 
not elected by general consent, but commonly owed 
his elevation to some coup d'etat, some violent 
movement or stratagem, such as the creation of a 
body-guard for him by the people, or the seizure 
of the citadel (Herod, i. 5'J ; Thucyd. i. 126) ; 
and on the other hand, from the ancient king, 
whose right depended, not on usurpation, but on 
inheritance and traditionary acknowledgment. Tho 
power of a king might be more absolute than that 
of a tyrant ; as Pheidon of Argos is said to have 
made the royal prerogative greater than it was 
under his predecessors ; yet he was still regarded 
as a king ; for the difference between the two 
names depended on title and origin, and not on 
the manner in which the power was exercised. 
(Aristot. Polit. v. 8.) The name of tyrant was 
originally so far from denoting a person who abused 
his power, or treated his subjects with cruelty, 
that Peisistratus is praised by Thucydides (vi. 54) 
for the moderation of his government; and He- 
rodotus says, he governed oCt« tu. :m ras toVTai 
avmapa^as, otrrt Sio-fiia. /ifroAAd^oj, inl tc touti 

KaTtOTtwai .'« • ... T1)|/ TTOKlV KOOfitWV KdAU'S Tt 

kcl\ tl. (i. 69.) Therefore we find the words 
PantKtvt and rvpavvot used promiscuously by the 
Attic tragedians passim (sec the Argument of the 
Oedipus Tyrannus) ; and even by prose authors. 
Thus Herodotus calls the Lydian Candaulcs tv- 
pavvot ( i. 7), the kingdom of Macedonia Tvpavvlt 
(viii. 137), and Periander of Corinth QaaiAtit. 
(iii. 52 ; compare v. 27, H2.) Afterwards, when 
tyrantt themselves had become odious, the name 
also grew to be a word of reproach, just as rex 
did among the Romans. (Wunfmnth, Hi Urn. Alt. 
vol. i. pt i. pp. 279—388, 1st od. ; Thirl wall, Hilt, 
of Greece, vol. i. pp. 101, 101.) 



1182 



TYRANNUS. 



TYRANNIDOS GRAPHE. 



Among the early tyrants of Greece those most 
worthy of mention are : — Cleisthenes of Sicyon, 
grandfather of the Athenian Cleisthenes, in whose 
family the government continued for a century 
since its establishment by Orthagoras, about B. c. 
672 (Herod, v. 67, 69) ; Cypselus of Corinth, who 
expelled the Bacchiadae, B. c. 656, and his son 
Periander, both remarkable for their cruelty ; their 
dynasty lasted between seventy and eighty years 
(Herod, v. 92) ; Procles of Epidaurus (Herod, iii. 
SO, 52) ; Pantaleon of Pisa, who celebrated the 
thirty-fourth Olympiad, depriving the Eleans of 
the presidency (Pausan. vi. 21, 22) ; Theagenes 
of Megara, father-in-law to Cylon the Athenian 
(Thucyd. i. 126) ; Peisistratus, whose sons were 
the last of the early tyrants on the Grecian conti- 
nent. 

In Sicily, where tyranny most flourished, the 
principal were Phalaris of Agrigentum, who es- 
tablished his power in B.C. 568, concerning whose 
supposed epistles Bentley wrote his famous treatise ; 
Theron of Agrigentum ; Gelon, already mentioned, 
who, in conjunction with Theron, defeated Hamil- 
car the Carthaginian, on the same day on which 
the battle of Salamis was fought ; and Hiero, his 
brother : the last three celebrated by Pindar. (See 
Herod, vii. 156, 165, 166.) In Grecian Italy we 
may mention Anaxilaus of Rhegium, who reigned 
B.C. 496 (Herod, vi. 23, vii. 165); Cleinias of 
Croton, who rose after the dissolution of the Py- 
thagorean league ; (as to which see Polyb. ii. 39 ; 
Athen. xii. p. 522, xiv. p. 623 ; Thirlwall, Id. 
vol. ii. p. 154.) The following also are worthy 
of notice : Polycrates of Samos (Herod, iii. 39, 
56, 120, 125; Thucyd. i. 13); Lygdamis of 
Naxos (Herod, i. 61, 64) ; Histiaeus and Aris- 
tagoras of Miletus. (Herod, iv. 137, v. 23, 30, 37, 
vi. 29.) Perhaps the last mentioned can hardly 
be classed among the Greek tyrants, as they were 
connected with the Persian monarchy. (Wachs- 
muth, Id. vol. i. pt. i. p. 274.) 

The general characteristics of a tyranny were, 
that it was bound by no laws, and had no recog- 
nized limitation to its authority, however it might 
be restrained in practice by the good disposition of 
the tyrant himself, or by fear, or by the spirit of the 
age. It was commonly most odious to the wealthy 
and noble, whom the tyrant looked upon with 
jealousy as a check upon his power, and whom he 
often sought to get rid of by sending them into 
exile or putting them to death. The advice given 
by Thrasybulus of Miletus to Periander affords an 
apt illustration of this. (Herod, v. 92.) The tyrant 
usually kept a body-guard of foreign mercenaries, 
by aid of whom he controlled the people at home ; 
but he seldom ventured to make war, for fear of 
giving an opportunity to his subjects to revolt. 
The Sicilian sovereigns form an exception to this 
observation. (Thucyd. i. 17.) He was averse to a 
large congregation of men in the town, and en- 
deavoured to find rustic employments for the popu- 
lace ; but was not unwilling to indulge them with 
shows and amusements. A few of the better sort 
cultivated literature and the arts, adorned their 
city with handsome buildings, and even passed good 
laws. Thus, Peisistratus commenced building the 
splendid temple of Jupiter Olympus, laid out the 
garden of the Lyceum, collected the Homeric 
poems, and is said to have written poetry himself. 
Tribute was imposed on the people, to raise a 
revenue for the tyrant, to pay his mercenaries, and 



maintain his state. Peisistratus had the tithe of 
land, which his sons reduced to the twentieth. 
[Telos.] 

The causes which led to the decline of tyranny 
among the Greeks were partly the degeneracy of 
the tyrants themselves, corrupted by power, indo- 
lence, flattery, and bad education ; for even where 
the father set a good example, it was seldom fol- 
lowed by the son ; partly the cruelties and excesses 
of particular men, which brought them all into 
disrepute ; and partly the growing spirit of inquiry 
among the Greek people, who began to speculate 
upon political theories, and soon became discon- 
tented with a form of government, which had no- 
thing in theory, and little in practice, to recommend 
it. Few dynasties lasted beyond the third gene- 
ration. Most of the tyrannies, which flourished 
before the Persian war, are said to have been over- 
thrown by the exertions of Sparta, jealous probably 
of any innovation upon the old Doric constitution, 
especially of any tendency to ameliorate the con- 
dition of the Perioeci, and anxious to extend her 
own influence over the states of Greece by means 
of the benefits which she conferred. (Thucyd. i. 
18.) Upon the fall of tyranny, the various repub- 
lican forms of government were established, the 
Dorian states generally favouring oligarchy, the 
Ionian democrary. (Wachsmuth, vol. i. pt. i. p. 
289 ; Schomann, Id. pp. 84, 88—91.) 

As we cannot in this article pursue any historical 
narrative, we will shortly refer to the revival of 
tyranny in some of the Grecian states after the end 
of the Peloponnesian war. In Thessaly Jason of 
Pherae raised himself, under the title of Tay6s, B. c. 
374, to the virtual sovereignty of his native city, 
and exercised a most extensive sway over most of 
the Thessalian states, but this power ceased with 
Lycophron, b. c. 353. [Tagus.] In Sicily, the 
corruption of the Syracusans, their intestine dis- 
cords, and the fear of the Carthaginian invaders, 
led to the appointment of Dionysius to the chief 
military command, with unlimited powers ; by 
means of which he raised himself to the throne, 
b. c. 406, and reigned for 38 years, leaving his son 
to succeed him. The younger Dionysius, far in- 
ferior in every respect to his father, was expelled 
by Dion, afterwards regained the throne, and was 
again expelled by Timoleon, who restored liberty 
to the various states of Sicily. (For their history 
the reader is referred to Xenoph. Hell. ii. 2. § 24 ; 
Diod. xiv. 7, 46, 66, 72, 109, xv. 73, 74, xvi. 5, 
16, 36, 68, 69, &c. ; Plut. Dion, and Timol. ; 
Wachsmuth, vol. i. pt. ii. pp. 316—326.) With 
respect to the dynasty of the Archaenactidae in 
the Cimmerian Bosporus, and some of the towns 
on the coast of the Euxine, see Wachsmuth, vol. i. 
pt. ii. p. 329. Lastly, we may notice Evagoras 
of Cyprus, who is panegyrized by Isocrates ; Plu- 
tarch of Eretria, Callias and Taurosthenes of 
Chalcis, who were partisans of Philip against the 
Athenians. (Plut. Phoc. 12 ; Isocr. Evag.; Wachs- 
muth, vol. i. pt. ii. p. 330.) The persons com- 
monly called the thirty tyrants at Athens, who ob- 
tained the supreme power at the close of the Pelo- 
ponnesian war, do not fall within the scope of the 
present subject. With respect to the Athenian 
laws against tyranny, and the general feelings of 
the people, see Prodosia. [C. R. K.] 

TYRANNIDOS GRAPHE (rvpaMSos ypa- 
(p-h). [Prodosia.] 



VALLUM. 



VAS. 



1183 



U. V. 

VACANTIA BONA. [Bona Vacantia.] 

VACATIO. [Exerciti-s, p. 499.] 

VADIMO'NIUM. [Actio, p. 11 ; Praes.] 

VAGI'NA. [Gladius.] 

VALLUM, a term applied either to the whole 
or a portion of the fortifications of a Roman camp. 
It ia derived from vallus (a stake), and properly 
means the palisade which ran along the outer edge 
of the top of the agger, but it very frequently in- 
cludes the agger also. The vallum, in the latter 
sense, together with the fossa or ditch which sur- 
rounded the camp outside of the vallum, formed a 
complete fortification. [Agger.] 

The val/i (xctfxuces), of which the vallum, in the 
former and more limited sense, was composed, are 
described by Polybius (xviii. L 1, Ejccerjjt. Antiq. 
xvii. 14) and Livy (xxxiii. 5), who make a com- 
parison between the vallum of the Greeks and that 
of the Romans, very much to the advantage of the 
latter. Both used for valli young trees or arms of 
larger trees, with the side branches on them ; but 
the valli of the Greeks were much larger and had 
more branches than those of the Romans, which 
had cither two or three, or at the most four 
branches, and these generally on the same side. 
The Greeks placed their valli in the agger at con- 
siderable intervals, the spaces between them being 
filled up by the branches ; the Romans fixed theirs 
close together, and made the branches interlace, 
and sharpened their points car.fully. Hence the 
Greek vallus could easily be taken hold of by its 
large branches and pulled from its place, and when 
it was removed a large opening was left in the 
vallum. The Roman vallus, on the contrary, pre- 
sented no convenient handle, required very great 
force to pull it down, and even if removed left a 
very small opening. The Greek valli were cut on 
the spot ; the Romans prepared theirs beforehand, 
and each soldier carried three or four of them when 
on a march. (Polyb. I.e.; Virg. Georg. iii. 346, 
347 ; Cic. Tusc. ii. 16.) They were made of any 
strong wood, but oak was preferred. 

The word vallus is sometimes used as equivalent 
to rnllum. (Caesar, Hell. Civ. iii. 63.) 

A fortification like the Roman vallum was used 
by the Greeks at a very early period. (Horn. //. 
ix. 349, 350.) 

Varro's etymology of the word is not worth 
much (A. L. v. 1 1 7, ed. Muller). 

In the operations of a liege, when the place 
could not be taken by storm, and it became neces- 
sary to establish a blockade, this was done by 
dniwing drfences similar to those of a camp round 
the town, which was then said to be circumvalla- 
lum. Such a circumvallation, besides cutting off 
all communication between the town and the sur- 
rounding country, formed a defence against the 
sallies of the besieged. There was often a double 
line of fortifications, the inner against the town, 
and the outer against a force tbnt might attempt to 
raise the siege. In this case the army was en- 
camped between the two lines of works. 

This kind of circumvallation, which the Greeks 
called 4»oT«ixi''/ii5t and lripirtix'ThAi, was em- 
ployed by tie Paloponnenani in the tiege of Pla- 
taeao. (Tnucyd. ii. 7H, iii. 20 — 23.) Their lines 
consisted of two walls (apparently of turf ) at the 
distance of 16 feet, which surrounded the city in 



the form of a circle. Between the walls were the 
huts of the besiegers. The walls had battlements 
(eVoA^eu), and at every tenth battlement was a 
tower, filling up by its depth the whole space be- 
tween the walls. There was a passage for the be- 
siegers through the middle of each tower. On the 
outside of each wall was a ditch (Torpor). This 
description would almost exactly answer for the 
Roman mode of circumvallation, of which some of 
the best examples are that of Carthage by Scipio 
(Appian, Punic. 119, &c), that of Numantia by 
Scipio (Appian, Hispan. 90), and that of Alesia 
by Caesar {Bell. Gall. vii. 72, 73). The towers in 
such lines were similar to those used in attacking 
fortified places, but not so high, and of course not 
moveable. [Turris.] 

(Lipsius, de MiliL Rom. v. 5, in Oper. iii. pp. 
156, 157 ; Poliorc. ii. 1, in Oper. iii 263.) [P.S.] 

VALLUS. [Vallum. J 

VALVAE. [Janua, p. 625, b.] 

VANNUS (\iKfi.6s, k'tuvov), a winnowing-fan, 
i. e. a broad basket, into which the com mixed 
with chaff (acus, &x v P a ) was received after thrash- 
ing, and was then thrown in the direction of the 
wind. (Col. de Re Rust. ii. 21 ; Virg. Georg. iii. 
134.) It thus performed with greater effect and 
convenience the office of the pala lignea, or win- 
nowing-shovel. [Pala.] Virgil (Georg. i. 166) 
dignifies this simple implement by calling it mystica 
vannus lacchi. The rites of Bacchus, as well as 
those of Ceres, having a continual reference to the 
occupations of rural life, the vannus was borne in 
the processions celebrated in honour of both these 
divinities. Hence AiKvrrns (Hesych. s. v.) was 
one of the epithets of Bacchus. In an Antepixa 
in the British Museum (see the annexed woodcut) 
the infant Bacchus is carried in a vannus by two 
dancing bacchantes clothed in skins, the one male 
and carrying a Thyrsus, the other female and 
carrying a torch [Fax]. Other divinities were 




sometimes conceived to have been cradled in the 
MM manner. (Callim. Jov: 411 ; Schol. in lor.; 
Horn. //. in Mrre. 251.) The vannus was also 
used in the processions to carry the instruments of 
sacrifice and the first fruits or other offerings, 
thos<- who bore them being called the Mnvw\>ipoi. 
(Callim. Or. 127.) [J. Y.J 

VAPPA. | Visum.] 

V AS. | A, II.., p. II ; I'UAKS.) 

VAS (pi. vam), a general term for any kind of 
\. !. Thus we r>;wl ol ran rinnriiim (Cic. t'err. 
iv. - J7), r»M argmlrunt (Cic. I. r. ; Hor. Sat. ii. 7. 
72), fwt Corint/iiu it hi It'u a t Cic. pro Kuse. Am, 



llf.4 VECTIGAL1A. 

46), uasa Samia, that is, made of Samian earthen- 
ware (Cic. pro Mur. 36), vasa Murrhina (Pliri. 
H. N. xxxvii. 2. s. 7). [Murrhina Vasa.] The 
word vas was used in a still wider signification, 
and was applied to any kind of utensil used in the 
kitchen, agriculture, &c. Thus Plautus says (Aulul. 
i. 3. 17): — 

" Cultrum, securim, pistillum, mortarium, 
Quae utenda vasa semper vicini rogant, 
Fures venisse, atque abstulisse dicito." 

(Comp. Dig. 33. tit. 7. s. 8 ; 34. tit. 2. s. 20). The 
utensils of the soldiers were called vasa, and hence 
vasa colligere and rasa conclamare signify to pack 
up the baggage, to give the signal for departure 
(Cic. Verr. iv. 19 ; Liv. xxi. 47, xxvii. 47; Caes. 
B. C. i. 66, iii. 37). 

UDO, a sock of goats-hair or felt. (Mart. xiv. 
140.) Hesiod (Op. et Dies, 542) advises country- 
men to wear brogues (perones, KapSarli/ai) made 
of ox-hide, with socks of the above description 
within them. Socks of a finer felt were sometimes 
worn by the Athenians. (Cratinus, p. 29, ed. 
Runkel.) [J. Y.] 

VECTIGA'LIA, the general term for all the 
regular revenues of the Roman state. (Cic. pro 
Leg. Manil. 6.) The word is derived from veho, 
and is generally believed to have originally signi- 
fied the duties paid upon things imported and ex- 
ported (quae vehebantur). If this were true, it 
would necessarily imply that these duties were 
either the most ancient or the most important 
branch of the Roman revenues, and that for either 
of these reasons the name was subsequently used 
to designate all the regular revenues in general. 
But neither point is borne out by the history of 
Rome, and it seems more probable that vectigal 
means anything which is brought (vehitur) into 
the public treasury, like the Greek <p6pos. The 
earliest regular income of the state was in all pro- 
bability the rent paid for the use of the public 
and and pastures. This revenue was called pascua, 
a name which was used as late as the time of 
Pliny (//. N. xviii. 3), in the tables or registers of 
the censors for all the revenues of the state in 
general. 

The senate was the supreme authority in all 
matters of finance, but as the state itself did not 
occupy itself with collecting the taxes, duties, and 
tributes, the censors were entrusted with the actual 
business. These officers, who in this respect may 
not unjustly be compared to modern ministers of 
finance, used to let the various branches of the re- 
venue to the publicani for a fixed sum, and for a 
certain number of years. [Censor ; Publicani.] 

As most of the branches of the public revenues 
of Rome are treated of in separate articles, it is 
only necessary to give a list of them here, and to 
explain those which have not been treated of sepa- 
rately. 

1. The tithes paid to the state by those who oc- 
cupied the ager publicus. [Decumae ; Agrariae 
Leges.] 

2. The sums paid by those who Kept their cat- 
tle on the public pastures. [Scriptura.] 

3. The harbour duties raised upon imported and 
exported commodities. [Portorium.] 

4. The revenue derived from the salt-works. 
[Salinae.] 

5. The revenues derived from the mines (mctalla). 
This branch of the public revenue cannot have 



VECTIGALIA. 

been very productive until the Romans had be- 
come masters of foreign countries. Until that 
time the mines of Italy appear to have been 
worked, but this was forbidden by the senate after 
the conquest of foreign lands. (Plin. H.N. xxxiii. 
4, xxxvii. 13.) The mines of conquered countries 
were treated like the salinae, that is, they were 
partly left to individuals, companies, or towns on 
condition of a certain rent being paid (Plin. H. N. 
xxxiv. 1 ; Cic. Philip, ii. 19), or they were worked 
for the direct account of the state, or were farmed 
by the publicani. In the last case, however, it 
appears always to have been fixed by the lex cen- 
soria how many labourers or slaves the publicani 
should be allowed to employ in a particular mine, 
as otherwise they would have been able to derive 
the most enormous profits. (Plin. H. N. xxxiii. 4.) 
Among the most productive mines belonging to 
the republic we may mention the rich gold-mines 
near Aquileia (Polyb. xxxiv. 10), the gold-mines 
of Ictimuli near Vercelli, in which 25,000 men 
were constantly employed (Plin. H. N. xxxiii. 4 ; 
Strab. v. p. 151), and lastly the silver-mines in 
Spain in the neighbourhood of Carthago Nova, 
which yielded every day 25,000 drachmas to the 
Roman aerarium. (Polyb. xxxiv. 9 ; comp. Liv. 
xxxiv. 21.) Macedonia, Thrace, Illyricum, Africa, 
Sardinia, and other places also contained very 
productive mines, from which Rome derived con- 
siderable income. 

6. The hundredth part of the value of all things 
which were sold (centesima rerum. venalium). This 
tax was not instituted at Rome until the time of 
the civil wars ; the persons who collected it were 
called coactores. (Cic. Ep. ad Brut. i. 18, pro Rab. 
Post. 11.) Tiberius reduced this tax to a two- 
hundredth (ducentesima), and Caligula abolished it 
for Italy altogether, whence upon several coins of 
this emperor we read r. c. c, that is, Remissa 
Ducentesima. (Tacit. Annal. i. 78, ii. 42 ; Suet. 
Calig. 16.) According to Dion Cat. 'us (lviii. 16, 
lix. 9) Tiberius restored the centesima, which was 
afterwards abolished by Caligula. (Comp. Dig. 50. 
tit. 16. s. 17. § 1.) Respecting the tax raised 
upon the sale of slaves see Quinquagesima. 

7. The vicesima hereditatium et manumissionum. 
[Vicesima.] 

8. The tribute imposed upon foreign countries 
was by far the most important branch of the public 
revenue during the time of Rome's greatness. It 
was sometimes raised at once, sometimes paid by 
instalments, and sometimes changed into a poll-tax, 
which was in many cases regulated according to 
the census. (Cic. c. Verr. ii. 53, 55, &c. ; Paus. vii. 
16.) In regard to Cilicia and Syria we know that 
this tax amounted to one per cent, of a person's 
census, to which a tax upon houses and slaves was 
added. (Cic. ad Fam. iii. 8, ad Att. v. 16 ; Appian, 
de Reb. Syr. 50.) In some cases the tribute was 
not paid according to the census, but consisted in 
a land-tax. (Appian, de Bell. Civil, v. 4 ; comp. 
Walter, Gesch. des Rom. Rechts, p. 224, &c.) 

9. A tax upon bachelors. [Aes Uxorium.] 

10. A door-tax. [Ostiarium.] 

11. The octavae. In the time of Caesar all 
liberti living in Italy and possessing property of 
200 sestertia, and above it, had to pay a tax con- 
sisting of the eighth part of their property. (Dion 
Cass. 1. 10.) 

It would be interesting to ascertain the amount 
of income which Rome at various periods derived 



VEHES. 

from these and other sources ; but our want of in- 
formation renders it impossible. We have only 
the general statement that previously to the time 
of Pompey the annual revenue amounted to fifty 
millions of drachmas, and that it was increased by 
him to eighty-five millions. (Plut Pomp. 45.) 
Respecting the sums contained at different times 
in the aerarium at Rome, see Pliny, //. N. xxxiii. 

17. . . 

(Burmann, de Vectig. Pop. Romani ; Hegewisch, 
Versuch fiber die Rom.Fiuanzen ; Bosse, Orundzuge 
des Finanzwesens im Rom. Stuat.; Dureau de la 
Malle, Eamomie Politique des Romains, Paris, 2 
vols. 8to.) [L.S.] 

VEHES (6xin<>-), a load of hay, manure, or 
anything which was usually conveyed in a cart. 
[Plaustkcm.] Pliny speaks of "a large load of 
hay " (vehem foeni large onustam, Plin. II. X. 
xxxvi. 15. s. 24), which shows that this term did 
not always denote a fixed quantity. With the 
Romans, "however, as with us, the load was like- 
wise used as a measure, a load of manure being 
equal to eighty modii, which was about twenty 
bushels. (Col. de Re Rust. ii. 15, 16, xi. 2.) The 
trunk of a tree, when squared, was also reckoned 
a load, the length varying according to the kind of 
timber, viz. 20 feet of" oak, 25 of fir, &c. (Col. I.e.) 
A load was also called Carpentlm. [J. Y.] 

VELA'RIUM. [Velum.] 

VELA'TI was a name given to the Acccnsi in 
the Roman army, who were only supernumerary 
soldiers ready to supply any vacancies in the 
legion. [Accb.nsi.] They were called Velati, 
because they were only clothed (velati) with the 
saga, and were not recrularly armed. (Festus, s. r. 
Velati, Adscripticii.) 

VE'LITES. [Exkrcitus, pp. 503, a, 506, b.] 

VELUM (avKaia, Theophrast Char. 5 ; Athen. 
v. p. 196, c; Pollux, IT. 122; irapaWTO^a, 
Plato, Polit. p. 294, ed. Bekkec ; Syne*. Epist. 4 ; 
Kar air iraauL, Matt. xxviL 51), a curtain ; (urriov), 
a sail. In private houses curtains were either 
hung as coverings >vcr doors (Sucton. Claud. 10), 
or they served in the interior of the house as sub- 
stitutes for doors. (Sen. Epist. 81.) [Janua.] 
In the palace of the Roman emperor a slave, called 
relarius, was stationed at each of the principal 
doors to raise the curtain when any one passed 
through. (InBcript. ap. Pignor. de tiervis, p. 470.) 
Window-curtains were used in addition to window- 
shutters. (Juv. ix, 80.) Curtains sometimes formed 
partitions in the rooms (Plin. Epist. iv. 19), and, 
when drawn aside, they were kept in place by the 
use of large brooches (fil/ulae). Iron curtain-rods 
have been found extending from pillar to pillar in 
a building at Herculancum. (Gell, Pomjieianu, 
•vol. i. p. 100, Lon. Ifl:j2.) 

In temples curtains served mor« especially to 
veil the statue of the divinity. They were drawn 
aside occasionally so as to discover the object of 
worship to the devout (Apulcius, M< i. xi. p. 127, 
ed. Aldi.) [Pastopuorus.] Antiochus presented 
to the temple of Jupiter at Olympia a woollen cur- 
tain of Assyrian manufacture, dyed with the Tynan 
purple and interwoven with figures. When the 
statue was displayed, this curtain lay upon the 
ground, and it was afterwards drawn up by means 
of cords ; whereas in the temple of l)iana at 
Epheaus the corresponding curtain or veil was at- 
tached to the oiling, and was let down in order to 
tonceal the statue. (Paus. v. 12. § 2.) The an- 



VELUM. 



1185 



nexed woodcut is from a bas-relief representing 
two females engaged in supplication and sacrifice 
before the statue of a goddess. The altar is adorned 
for the occasion [Serti'm], and the curtain is 
drawn aside and supported by a terminu3. (Guat- 
tani, Man. Ined. per 1786, Nov. T. iii.) 




In the theatres there were hanging curtains to 
decorate the scene. (Virg. Georg. iii. 25 ; Propert. 
iv. 1. 15.) The Siparium was extended in a 
wooden frame. The velarium was an awning 
stretched over the whole of the cavea to protect 
the spectators from the sun and rain. (Juv. iv. 121 ; 
Sueton. Calig. 26.) These awnings were in general 
cither woollen or linen ; cotton was used for this 
purpose a little before the time of Julius Caesar. 
(Plin. H.N. xix. 1. s. 6 ; Dion Cass, xliii. 24 ; 
Lucret fi 108.) This vast extent of canvass was 
supported by masts (mali, Lucret. I.e.) fixed into 
the outer wall. The annexed woodcut shows the 
form and position of the great rings, cut out of 
lava, which remain on the inside of the wall of 
the Great Theatre at Pompeii near the top, and 
which arc placed at regular distances, and one of 
them above another, so that each mast was fixed 
into two rings. Each ring is of one piece with 




the stone behind it. At Koine we observe a 
similar contrivance in the Coliseum ; but the masts 
were in that instance ranged on the outside of 
the wall, and rested on '_' 10 roimoh s, from which 
4 o 



1 186 



VENABULUM. 



VENATIO. 



they rose so as to pass through holes cut in the 
cornice. The holes for the masts are also seen in 
the Roman theatres at Orange and other places. 

Velum, and much more commonly its derivative 
velamen, denoted the veil worn by women. (Pru- 
dent, c. Symm. ii. 147.) That worn by a bride 
was specifically called flammcum [Matrimonium, 
p. 743, a] : another special term was Rica. Greek 
women, when they went abroad, often covered 
their heads with the shawl [Peplum], thus mak- 
ing it serve the purpose of a veil. But they also 
used a proper head-dress, called KaAvirrpa (Apol- 
lod. ii. 6. § 6 ; Aelian, V. H. vii. 9), which besides 
serving to veil their countenances, whenever they 
desired it, was graceful and ornamental, and was 
therefore attributed to Venus (Paus. iii. IS. § 8 ; 
Brunck, Anal. ii. 459) and Pandora (Hes. Theog. 
573). The veil of Ilione, the eldest daughter of 
Priam, was one of the seven objects preserved at 
Rome as pledges of the permanency of its power. 
(Serv. in Virg.Aen. vii. 188.) 

Velum also meant a sail (iVr/ov, Navis, p. 
790, a ; Aaicpos, Callim. Epig. v. 4 ; Eurip. Hec. 
109). Sail-cloth was commonly linen, and was 
obtained in great quantities from Egypt ; but it 
was also woven at other places, such as Tarquinii 
in Etruria. (Liv. xxviii. 45.) But cotton sail- 
cloth (carbasa) was also used, as it is still in the 
Mediterranean. The separate pieces (lintea) were 
taken as they came from the loom, and were sewed 
together. This is shown in ancient paintings of 
ships, in which the seams are represented as dis- 
tinct and regular. [J. Y.] 

VENA'BULUM, a hunting-spear. This may 
have been distinguished from the spears used in 
warfare by being barbed ; at least it is often "so 
formed in ancient works of art representing the 
story of Meleager (Bartoli, Admir. 84) and other 
hunting scenes. It was seldom, if ever, thrown, 
but held so as to slant downwards and to receive 
the attacks of the wild boars and other beasts of 
chace. (Virg. Aen. iv. 131, ix. 553 ; Varr. L.L. 
viii. 53, ed. Muller ; ,£pul. Met. viii. pp. 78, 83, 
ed. Aldi ; Plin. Ep. i. 6.) [J. Y.] 

VENALICIA'RII. [Servus, p. 1040, a.] 

VENA'TIO, hunting, was the name given 
among the Romans to an exhibition of wild beasts, 
which fought with one another and with men. 
These exhibitions originally formed part of the 
games of the Circus. Julius Caesar first built a 
wooden amphitheatre for the exhibition of wild 
beasts, which is called by Dion Cassius (xliii. 22) 
&4arpov KW7j7eTiKoV, and the same name is given 
to the amphitheatre built by Statilius Taurus (Id. 
Ii. 23), and also to the celebrated one of Titus (Id. 
lxvi. 24) ; but even after the erection of the latter 
we frequently read of Venationes in the Circus. 
(Spart. Hadr. 19 ; Vopisc. Prob. 19.) The per- 
sons who fought with the beasts were either con- 
demned criminals or captives, or individuals who 
did so for the sake of pay and were trained for the 
purpose. [Bestiarii.] 

The Romans were as passionately fond of this 
entertainment as of the exhibitions of gladiators, 
and during the latter days of the republic and 
under the empire an immense variety of animals 
was collected from all parts of the Roman world for 
the gratification of the people, and many thousands 
were frequently slain at one time. We do not 
know on what occasion a venatio was first exhibited 
at Rome ; but the first mention we find of any 



thing of the kind is in the year b. c. 251, when 
L. Metellus exhibited in the Circus 142 ele- 
phants, which he had brought from Sicily after 
his victory over the Carthaginians, and which were 
killed in the Circus according to Verrius, though 
other writers do not speak of their slaughter. 
(Plin. H.N. viii. 6.) But this can scarcely be 
regarded as an instance of a venatio, as it was un- 
derstood in later times, since the elephants are 
said to have been only killed because the Romans 
did not know what to do with them, and not for 
the amusement of the people. There was, how- 
ever, a venatio in the later sense of the word in 
b. c. 186, in the games celebrated by M. Fulvius 
in fulfilment of the vow which he had made in the 
Aetolian war ; in these games lions and panthers 
were exhibited. (Liv. xxxix. 22.) It is mentioned 
as a proof of the growing magnificence of the age 
that in the Ludi Circenses, exhibited by the curule 
aediles P. Cornelius Scipio Nasica and P. Lentulus 
B.C. 168, there were 63 African panthers and 40 
bears and elephants. (Liv. xliv. 18.) From about 
this time combats with wild beasts probably formed 
a regular part of the Ludi Circenses, and many of 
the curule aediles made great efforts to obtain rare 
and curious animals, and put in requisition the ser- 
vices of their friends. (Compare Caelius's letter to 
Cicero, ad Fam. viii. 9.) Elephants are said to 
have first fought in the Circus in the curule aedile- 
ship of Claudius Pulcher, B. c. 99, and twenty 
years afterwards, in the curule aedileship of the 
two Luculli, they fought against bulls. ( Plin. H. N. 
viii. 7.) A hundred lions were exhibited by Sulla 
in his praetorship, which were destroyed by javelin- 
men sent by king Bocchus for the purpose. This 
was the first time that lions were allowed to be 
loose in the Circus ; they were previously always 
tied up. (Senec. de Brev. Vit. 1 3.) The games, 
however, in the curule aedileship of Scaurus b. c. 
58 surpassed anything the Romans had ever seen ; 
among other novelties he first exhibited an hippo- 
potamos and five crocodiles in a temporary canal 
or trench (euripus, Plin. H. N. viii. 40). At the 
venatio given by Pompey in his second consulship 
b. c. 55, upon the dedication of the temple of 
Venus Victrix, and at which Cicero was present 
(Cic. ad Fam. vii. 1), there was an immense num- 
ber of animals slaughtered, among which we find 
mention of 600 lions, and 1 8 or 20 elephants : the 
latter fought with Gaetulians, who hurled darts 
against them, and they attempted to break through 
the railings (clathri) by which they were separated 
from the spectators. (Senec. I. c.j Plin. viii. 7. 20.) 
To guard against this danger Julius Caesar sur- 
rounded the arena of the amphitheatre with 
trenches (euripi). 

In the games exhibited by J. Caesar in his third 
consulship, b. c. 45, the venatio lasted for five 
days and was conducted with extraordinary splen- 
dour. Camelopards or giraffes were then for the 
first time seen in Italy. (Dion Cass, xliii. 23 ; 
Suet. Jul. 39 ; Plin. H. N. viii. 7 ; Appian, B. O. 
ii. 102 ; Veil. Pat. ii. 56.) Julius Caesar also in- 
troduced bull-fights, in which Thessalian horsemen 
pursued the bulls round the circus, and when the 
latter were tired out, seized them by the horns and 
killed them. This seems to have been a favourite 
spectacle ; it was repeated by Claudius and Nero. 
(Plin. H. N. viii. 70 ; Suet. Claud. 21 ; Dion Cass. 
Ixi. 9.) In the games celebrated by Augustus, 
b. c. 29, the hippopotamos and the rhinoceros were 



VENATIO. 



VENATIO. 



1187 



first exhibited, according to Dion Cassias (1L 22), 
but the hippopotamo3 is spoken of by Pliny, as 
mentioned above, in the games given by Scaurus. 
Augustus also exhibited a snake 50 cubits in 
length (Suet. Aug. 43), and thirty-six crocodiles, 
which are seldom mentioned in the spectacles of 
later times. (Dion Cass. It. 10.) 

The occasions on which Venationes were ex- 
hibited have been incidentally mentioned above. 
They seem to have been first confined to the Ludi 
Circcnses, but during the later times of the re- 
public, and under the empire, they were frequently 
exhibited on the celebration of triumphs, and on 
many other occasions, with the view of pleasing 
the people. The passion for these shows continued 
to increase under the empire, and the number of 
beasts sometimes slaughtered seems almost incre- 
dible. At the consecration of the great amphitheatre 
of Titus, 5000 wild beasts and 4000 tame animals 
were killed (Suet. Tit. 7 ; Dion Cass. In. 25), 
and in the games celebrated by Trajan, after his 
victories over the Dacians, there are said to have 
been as many as 11,000 animals slaughtered. 
(Dion Cass. lxviiL 15.) Under the emperors we 
read of a particular kind of Venatio, in which the 
beasts were not killed by bestiarii, but were given 
up to the people, who were allowed to rush into 
the area of the circus and carry away what they 
pleased. On such occasions a number of large 
trees, which had been torn up by the roots, was 
planted in the circus, which thus resembled a 
forest, and none of the more savage animals were 
admitted into it A Venatio of this kind was 
exhibited by the elder Gordian in his aedileship, 
and a painting of the forest with the animals in it 
is described by Julius Capitolinus. (Gordian, 3.) 
One of the most extraordinary venationes of this 
kind was that given by Probus, in which there 
were 1000 ostriches, "1000 stags, 1000 boars, 
1000 deer, and numbers of wild goats, wild sheep, 
and other animals of the same kind. (Vopisc. 
Prob. 19.) The more savage animals were slain 
by the bestiarii in the amphitheatre, and not in 
the circus. Thus, in the day succeeding the ve- 
natio of Probus just mentioned, there were slain 
in the amphitheatre 100 lions, and the same 
number of lionesses, 100 Libyan and 100 Syrian 
leopards, and 300 bears. (Vopisc. /. c.) It is un- 
necessary to multiply examples, as the above are 



The first represents a man naked and unarmed 
between a lion and a panther. Persons in this 



second cut we see a similar person against whom a 
wild boar is rushing, and who appears to be pre- 
paring for a spring to escape from the animal. In 



sufficient to give an idea of the numbers and 
variety of animals at these spectacles ; but the 
list of beasts which were collected by the younger 
Gordian for his triumph, and were exhibited by 
his successor Philip at the Secular Games, de- 
serve mention on account of their variety and the 
rarity of some of them. Among these we find 
mention of 32 elephants, 10 elks, 10 tigers (which 
seem to have been very seldom exhibited), 60 
tame lions, 30 tame leopards, 10 hyaenas, an hip- 
popotamos and rhinoceros, 10 archoleontes (it is 
unknown what they were), 10 camelopards, 20 
onagri (wild asses, or perhaps zebras), 40 wild 
horses, and an immense number of similar animals. 
(Vopisc. Gordian, 33.) 

How long these spectacles continued is uncer- 
tain, but they were exhibited after the abolition 
of the shows of gladiators. There is a law of 
Honorius and Theodosius, providing for the safo 
convoy of beasts intended for the spectacles, and 
inflicting a penalty of five pounds of gold upon any 
one who injured them. (Cod. 11. tit. 44.) They 
were exhibited at this period at the praetorian 
games, a3 we learn from Symmachus. (Epist. ix. 
70, 71, 126, &c.) Wild beasts continued to be 
exhibited in the games at Constantinople as late 
as the time of Justinian. (Procop. Hist. Arc. c. 9.) 

Combats of wild beasts are sometimes repre- 
sented on the coins of Roman families, as on the 
annexed coin of M. Livineius Regulus, which pro- 
bably refers to the venatio of Julius Caesar men- 
tioned above. 




In the bas-reliefs on the tomb of Scaurus at 
Pompeii, there are representations of combats with 
wild beasts, which are copied in the following 
woodcuts from Mazois (Pump. i. pi. 32, 33). On 
the same tomb gladiatorial combats arc repre- 
sented, which are figured on p. 576 of the present 
work. 



defenceless state had of course only their agility to 
trust to in order to escape from the beasts. In the 



the same relief there is a wolf running at full speed, 
and also a stag with a rope tied to his horns who 
has been pulled down by two wolves or dogs. Tbo 
i o 2 





1188 VENEFICIUM. 



VENEFICIUM. 



third relief is supposed by Mazois to represent the 
training of a bestiarius. The latter has a spear in 
each hand ; his left leg is protected by greaves, 
and he is in the act of attacking a panther, whose 
movements are hampered by a rope, which fastens 
him to the bull behind him, and which accordingly 
places the bestiarius in a less dangerous position, 
though more caution and activity are required than 
if the beast were fixed to a single point. Behind 
the hull another man stands with a spear, who 
seems to be urging on the animal. The fourth 
woodcut represents a man equipped in the same 
way as the matador in the Spanish bull-fights in 
the present day, namely, with a sword in one hand 
and a veil in the other. The veil was first em- 




ployed in the arena in the time of the emperor 
Claudius. (Plin. H. N. viii. 21.) 

VENEFI'CIUM, the crime -of poisoning, is 
frequently mentioned in Roman history. Women 
•were most addicted to it ; but it seems not im- 
probable that this charge was frequently brought 
against females without sufficient evidence of their 
guilt, like that of witchcraft in Europe, in the 
middle ages. We find females condemned to 
death for this crime in seasons of pestilence, when 
the popular mind is always in an excited state 
and ready to attribute the calamities under which 
they suffer to the arts of evil-disposed persons. 
Thus the Athenians, when the pestilence .raged in 
their city during the Peloponnesian war, supposed 
the wells to have been poisoned by the Pelopon- 
nesians (Thucyd. ii. 48), and similar instances 
occur in the history of almost all states. Still 
however the crime of poisoning seems to have 
been much more frequent in ancient than in 
modern times ; and this circumstance would lead 
persons to suspect it in cases when there was no 
real ground for the suspicion. Respecting the crime 
of poisoning at Athens, see Pharmacon Graphe. 

The first instance of its occurrence at Rome in 
any public way was in the consulship of M. 
Claudius Marcellus and C. Valerius, b. c. 331, 
when the city was visited by a pestilence. After 
many of the leading men of the state had died by 
the same kind of disease, a slave-girl gave informa- 
tion to the curule aediles that it was owing to 
poisons prepared by the Roman matrons. Follow- 
ing her information they surprized about twenty 
matrons, among whom were Cornelia and Sergia, 
both belonging to Patrician families, in the act of 
preparing certain drugs over a fire ; and being 
compelled by the magistrates to drink these in the 
forum, since they asserted that they were not 
poisonous, they perished by their own wickedness. 
Upon this further informations were laid, and as 



many as a hundred and seventy matrons were con- 
demned. (Liv. viii. 18 ; compare Val. Max. ii. 5. 
§ 3 ; August. De Civ. Dei, iii. 17.) We next read of 
poisoning being carried on upon an extensive scale 
as one of the consequences of the introduction of the 
worship of Bacchus. (Liv. xxxix. 8.) [Dionysia,p. 
413.] In b. c. 184, the praetor, Q. Naevius Matho, 
was commanded by the senate to investigate such 
cases (de veneficiis quaerere) : he spent four months 
in the investigation, which was principally carried 
on in the municipia and conciliabula, and, according 
to Valerius of Antium, he condemned 2000 
persons. (Liv. xxxix. 38. 41.) We again find 
mention of a public investigation into cases of 
poisoning by order of the senate, in b. c. 180, 
when a pestilence raged at Rome, and many 
of the magistrates and other persons of high rank 
had perished. The investigation was conducted 
in the city and within ten miles of it by the 
praetor C. Claudius, and beyond the ten miles 
by the praetor C. Maenius. Hostilia, the widow 
of the consul C. Calpurnius, who had died in that 
year, was accused of having poisoned her husband, 
and condemned on what appears to have been mere 
suspicion. (Liv. xl. 37.) Cases of what may be 
called private poisoning, in opposition to those 
mentioned above, frequently occurred. The speech 
of Cicero in behalf of Cluentius supplies us with 
several particulars on this subject. Under the 
Roman emperors it was carried on to a great ex- 
tent, and some females, who excelled in the art, 
were in great request. One of the most celebrated 
of these was Locusta, who poisoned Claudius at 
the command of Agrippina, and Britannicus at that 
of Nero, the latter of whom even placed persons 
under her to be instructed in the art (Tacit. 
Annul, xii. 66, xiii. 15 ; Suet. Ner. 33 ; Juv. i. 
71.) 

The first legislative enactment especially directed 
against poisoning was a law of the dictator Sulla — 
Lex Cornelia de Sicariis et Veneficis — passed in 
B. c. 82, which continued in force, with some 
alterations, to the latest times. It contained pro- 
visions against all who made, bought, sold, pos- 
sessed, or gave poison for the purpose of poisoning. 
(Cic. pro Cluent. 54 ; Marcian, Dig. 48. tit. 8. s. 3 ; 
Inst. 4. tit. 18. s. 5.) The punishment fixed by 
this law was, according to Marcian, the deportatio 
in insulam and the confiscation of property ; but it 
was more probably the interdictio aquae et ignis, 
since the deportatio under the emperors took the 
place of the interdictio, and the expression in the 
Digest was suited to the time of the writers or 
compilers. [Lex Cornelia, p. 687.] By a se- 
natusconsultum passed subsequently, a female, who 
gave drugs or poison for the purpose of producing 
conception even without any evil intent^ was ban- 
ished (relegatus), if the person to whom she ad- 
ministered them died in consequence. By another 
senatusconsultum all druggists (pigmentarii), who 
administered poisons carelessly " purgationis causa," 
were liable to the penalties of this law. In the 
time of Marcian (that of Alexander-Severus) this 



VESTALES. 



VESTALES. 



1189 



crime was punished capitally in the case of persons 
of lower rank (humiliores), who were exposed to 
wild beasts, but persons of higher rank (altiores) 
were condemned to the deportatio in insulam. 
(Dig. I.e.) 

The word Veneficium was also applied to potions, 
incantations, &c. (Cic. Brut. 60 ; Petron. 118) ; 
whence we find Veneficus and I'ewfica used in the 
sense of a sorcerer and sorceress in general. 

VER SACRUM (Itos lepSw). It was a custom 
among the early Italian nations, especially among 
the Sabines, in times of great danger and distress, 
to vow to the deity the sacrifice of every thing bom 
in the next spring, that is between the first of 
March and the last day of April, if the calamity 
under which they were labouring should be re- 
moved. (Fcst. s. v. Ver sacrum; Liv. xxii. 9, 10, 
xxxiv. 44 ; Strab. v. p. 172 ; Sisenna ap. Ac*. xiL 
18 ; Serv. ad Am. vii. 796.) This sacrifice in the 
early times comprehended both men and domestic 
animals, and there is little doubt that in many 
cases the vow was really carried into effect. But 
in later times it was thought cruel to sacrifice so 
many innocent infants, and accordingly the follow- 
inir expedient was adopted. The children were 
allowed to grow up, and in the spring of their 
twentieth or twenty-first year they were with 
covered faces driven across the frontier of their 
native country, whereupon they went whitherso- 
ever fortune or the deity might lead them. Many 
a colony had been founded by persons driven out 
in this manner ; and the Mamertines in Sicily 
were the descendants of such devoted persons. 
(Feat. /. c. and 5. r. Munvrrtini : compare Dionys. 
i. 16 ; Plin. //. A r . iii. 18 ; Justin, xxiv. 4 ; Liv. 
xxxiii. 44.) 

In the two historical instances m which the 
Romans vowed a ver sacrum, that is, after the 
battle of lake Trasimenus and at the close of the 
second Punic war, the vow was confined to do- 
mestic animals, as was expressly stated in the vow. 
(Liv. /. c. ; Plut. Fab. Max. 4.) [L. S.] 

VERBF/NA. [Sagmina.] 
VF.RBF.NA'RIUS. [Fetiams.] 
VF.RNA. [Skrvis pp. 1038, 1040.] 
VERSO IN REM ACTIO. [Servcs, p. 1038.] 
VERSU'RA. [Fbncs, p. 527, a.] 
VF.Ri;, VERT TI M. [Havta. p. 588, b.] 
VESPAE, VESPILLO'NES. [Funis, p. 
.559, a. ] 

VESTA'LES, the virgin priestesses of Vesta 
who ministered in her temple and watched the 
eternal fire. Their existence at Alba Longa is 
connected with the earliest Roman traditions, for 
Silvia the mother of Romulus was a member of the 
sisterhood (Liv. i. 20 ; Dionys. i. 76) ; their esta- 
blishment in the city, in common with almost all 
other matters connected with state religion, is ge- 
nerally ascribed to Numa (Dionys. ii. 65 ; Pint. 
A'u«i. 10), who selected four (their names are 
given m Plutarch), two from the Titietue* and 
two from the Rannies ( Dionys. ii. 67 ; Fcstus, s. v. 
.SVj Vistar), and two more were u t r j . ntly 
added from the Luce res, by Tanjninius Priscus ac- 
cording to one authority (Plut. Xum. I.e.), by 
Senilis Tullius according to another. (Dionys. iii. 
67.) This number of six remained unchanged at 
the time when I'liitarch wrote, and the idi-a that 
it was afterwards increased to seven rests upon 
very unsatisfactory evidence. (See Memnim de 
t Academic tics Inscrifit. vol. IT. p. 167 ; Ambros. 



Episi. v. 31, c. Symmach. and the remarks of Lip- 
sius.) 

They were originally chosen (capere is the tech- 
nical word) by the king (Liv. i. 3. 20 ; Dionys. 
It. cc.) and during the republic and empire by the 
Pontifex Maximus. It was necessary that the 
maiden should not be under six nor above ten 
years of age, perfect in all her limbs, in the full 
enjoyment of all her senses, patrima et matrima 
[Patrimi], the daughter of free and frceborn pa- 
rents who had never been in slavery, who followed 
no dishonourable occupation, and whose home was 
in Italy. (Gell. i. 12.) The lex Papia ordained 
that when a vacancy occurred the Pontifex Maxi- 
mus should name at his discretion twenty qualified 
damsels, one of whom was publicly (in condone) 
fixed upon by lot, an exemption being granted in 
favour of such as had a sister already a vestal and 
of the daughters of certain priests of a high class. 
(GelL /. c.) The above law appears to have been 
enacted in consequence of the unwillingness of 
fathers to resign all control over a child, and this 
reluctance was manifested so strongly in later times 
that in the age of Augustus liberiinae were declared 
eligible. (Dion Cass. lv. 22 ; Suet Octav. 31.) 
The casting of lots moreover does not seem to have 
been practised if any respectable person came for- 
ward voluntarily and offered a daughter who ful- 
filled the necessary conditions. As soon as the 
election was concluded the Pontifex Maximus took 
the girl by the hand and addressed her in a solemn 
form preserved by Aulus Gellius from Fabius Pictor. 
Sacerdotem. Vestalem.Qcae. Sacra. Faciat. 
Qcae. Iocs. Siet. Sacerdotem. Vestalem. 
Facere. Pro. Populo. Romano. Qciriticm. 
Utei. Qcae. Optima. Leue. Fovit. Ita. Te. 
Amata. Capio. where the title Amata seems 
simply to signify " beloved one," and not to refer 
as Gellius supposes to the name of one of the ori- 
ginal Vestals, at least no such name is to be found 
in the list of Plutarch alluded to above. After 
these words were pronounced she was led away to 
the atrium of Vesta, and lived thenceforward with- 
in the sacred precincts under the special superin- 
tendence ' and control of the pontifical college. 
(DitmyB. ii. 67 ; Liv. iv. 44, viii. 15 ; Plin. Ep. 
IT. 11 ; Suet Octav. 31 ; Gell. i. 12.) 

The period of service lasted for thirty years. 
During the first ten the priestess was engaged in 
learning her mysterious duties, being termed disci- 
pula (Val. Max. i. 1. § 7), during the next ten in 
performing them, during the last ten in giving in- 
structions to the novices (Dionys. I.e. ; Plut. /. c..; 
Scnec. de vit. leal. 29), and so long as she wag 
thus employed she was bound by a solemn vow of 
chastity. But after the time specified was com- 
pleted she might, if she thought fit throw off the 
emblems of her office (Dionys. /. e.), unennsecrnte 
herself (erauyurare, Gell. vi. 7), return to the 
world nnd even enter into the marriage state. 
(Pint. /. r.) Few however availed themselves of 
these privileges ; those who did were said to have 
lived in sorrow and remorse (as might indeed have 
been expected from the habits they had formed) : 
hence such a proceeding was considered ominous, 
and the priestesses fir the most part died as they 
had lived in the service of the goddess. (Tacit 
Ann. ii. H6 ; Inscrip. quoted by Gronov. ad Tacit. 
Ann. iii. Ii I.) 

The senior sister was entitled VtttaUl Maxima, 
or Virya Maxima (Ovid. East. iv. 639 ; Suet Jul. 
X o 3 



1190 



VESTALES. 



VESTALES. 



83, Domit. 8 ; Orel). InscripU n. 2233, &c. ; v 
irp£<r§£vovtra, Dion Cass. liv. 24 ; fj dpx ie P ei °? 
lxxix. 9), and we find also the expressions Vesta- 
Hum vetustissimam (Tacit. Ann. xi. 32) and tres 
mammae. (Serv. ad Virg. Eel. viii. 82.) 

Their chief office was to watch by turns, night 
and day, the everlasting fire which blazed upon 
the altar of Vesta (Virginesque Vestales in 

URBE CUSTODIUNTO IGNEM FOCI PUBLICI SEMPI- 

ternum, Cic. de Leg. ii. 8. 12 ; Liv. xxviii. 11 ; 
Val. Max. i. 1. § 6 ; Senec. de Prov. 5), its extinc- 
tion being considered as the most fearful of all pro- 
digies, and emblematic of the extinction of the 
state. (Dionys. ii. 67 ; Liv. xxvi. 1.) If such 
misfortune befell and was caused by the careless- 
ness of the priestess on duty, she was stripped and 
scourged by the Pontifex Maximus, in the dark 
and with a screen interposed, and he rekindled the 
flame by the friction of two pieces of wood from a 
feline arbor. (Dionys., Plut., Val. Max. II. cc. ; Fes- 
tus, s. v. Ignis.) Their other ordinary duties con- 
sisted in presenting offerings to the goddess at 
stated times, and in sprinkling and purifying the 
shrine each morning with water, which according 
to the institution of Numa was to be drawn from 
the Egerian fount, although in later times it was 
considered lawful to employ any water from a living 
spring or running stream, but not such as had 
passed through pipes. When used for sacrificial 
purposes it was mixed with maries, that is, salt 
which had been pounded in a mortar, thrown into 
an earthen jar and baked in an oven. (Ovid. Fast. 
iii. 11 ; Propert. iv. 4. 15 ; Plut. Num. 13 ; Fest. 
s. v. Muries.) They assisted moreover at all great 
public holy rites, such as the festivals of the Bona 
Dea (Dion Cass, xxxvii. 45) and the consecration 
of temples (Tacit. Hist. iv. 53), they were invited 
to priestly banquets (Macrob. ii. 9 ; Dion Cass, 
xlvii. 19), and we are told that they were present 
at the solemn appeal to the gods made by Cicero 
during the conspiracy of Catiline. (Dion Cass, 
xxxvii. 35.) They also guarded the sacred relics 
which formed the fatale pignus imperii, the pledge 
granted by fate for the permanency of the Roman 
sway, deposited in the inmost adytum [jpenus Ves- 
tae, see Festus, s. v. ) which no one was permitted 
to enter save the virgins and the chief pontifex. 
What this object was no one knew, some supposed 
that it was the Palladium, others the Samothracian 
gods carried by Dardanus to Troy and transported 
from thence to Italy by Aeneas, but all agreed in 
believing that something of awful sanctity was 
here preserved, contained, it was said, in a small 
earthen jar closely sealed, while another 11 exactly 
similar in form, but empty, stood by its side. 
(Dionys. i. 69, ii. 66 ; Plut. Camill. 20 ; Liv. 
xxvi. 27 ; Lamprid. Elagab. 6 ; Ovid. Fast. vi. 
365 ; Lucan, ix. 994.) 

We have seen above that supreme importance 
was attached to the purity of the Vestals, and a 
terrible punishment awaited her who violated the 
vow of chastity. According to the law of Numa 
she was simply to be stoned to death (Cedrenus, 
Hist. Comp. p. 148, or p. 259, ed. Bekker), but a 
more cruel torture was devised by Tarquinius 
Priscus (Dionys. iii. 67 ; Zonaras, vii. 8) and in- 
flicted from that time forward. When condemned 
by the college of pontifices, she was stripped of her 
vittae and other badges of office, was scourged 
(Dionys. ix. 40), was attired like a corpse, placed 
in a close litter and borne through the fornm at- 



tended by her weeping kindred, with all the cere- 
monies of a real funeral, to a rising ground called 
the Campus Sceleratus, just within the city walls, 
close to the Colline gate. There a small vault 
underground had been previously prepared, con- 
taining a couch, a lamp, and a table with a little 
food. The Pontifex Maximus, having lifted up his 
hands to heaven and uttered a secret prayer, opened 
the litter, led forth the culprit, and placing her on 
the steps of the ladder which gave access to the 
subterranean cell, delivered her over to the common 
executioner and his assistants, who conducted her 
down, drew up the ladder, and having filled the 
pit with earth until the surface was level with the 
surrounding ground, left her to perish deprived of 
all the tributes of respect usually paid to the spirits 
of the departed. In every case the paramour was 
publicly scourged to death in the forum. (Plut. 
Num. 10, Fab. Max. 18, Quaest. Rom. vol. vii. 
p. 154, ed. Reiske ; Dionys. ii. 67, iii. 67, viii. 89, 
ix. 40 ; Liv. iv. 44, viii. 15, xxii. 57 ; Plin. Ep. 
iv. 11 ; Suet. Dom. 8 ; Dion Cass, lxvii. 3, Ixxvii. 
16, and fragg. xci. xcii. ; Festus s. v. Probrum et 
Sceleratus Campus.) 

But if the labours of the Vestals were unre- 
mitting and the rules of the order rigidly and 
pitilessly enforced, so the honours they enjoyed 
were such as in a great measure to compensate for 
their privation. They were maintained at the 
public cost and from sums of money and land be- 
queathed from time to time to the corporation. 
(Suet. Octav. 31, Tib. 76 ; Sicul. Flacc. 23, ed. 
Goes.) From the moment of their consecration 
they became as it were the property of the goddess 
alone, and were completely released from all 
parental sway without going through the form of 
emancipatio or suffering any capitis deminutio. (Gell. 
i. 11.) They had a right to make a will, and to 
give evidence in a court of justice without taking 
an oath (Gell. x. 15), distinctions first conceded by 
an Horatian law to a certain Caia Tarratia or 
Fufetia, and afterwards communicated to all. (Gell. 
i. 12 ; Gaius, i. 145 ; compare Plin. H.N. xxxiv. 
11.) From the time of the triumviri each was 
preceded by a lictor when she went abroad (Dion 
Cass, xlvii. 19), consuls and praetors made way for 
them, and lowered their fasces (Senec. Controvers. 
vi. 8 ; compare Plut. Tib. Gracch. 15), even the 
tribunes of the plebs respected their holy character 
(Oros. v. 4 ;' Suet. Tib. 2 ; compare Cic. pro Coel. 
14 ; Val. Max. v. 4. § 6), and if any one passed 
under their litter he was put to death. (Plut. Num. 
10.) Augustus granted to them all the rights of 
matrons who had borne three children (Dion Cass, 
lvi. 10 ; Plut. I. c), and assigned them a conspicu- 
ous place in the theatre (Suet. Octav. 44 ; Tacit. 
Ann. iv. 16), a privilege which they had enjoyed 
before at the gladiatorial shows. (Cic pro Muren. 
35.) Great weight was attached to their interces- 
sion on behalf of those in danger and difficulty, of 
which we have a remarkable example in the en- 
treaties which they addressed to Sulla on behalf of 
Julius Caesar (Suet. Jul. 1 ; compare Cic. pro Font. 
17 ; Suet. Vitell. 16, Dion Cass. lxv. 18 ; Tacit. 
Ann. iii. 69, xi. 32, Hist. iii. 81), and if they 
chanced to meet a criminal as he was led to pun- 
ishment they had a right to demand his release, 
provided it could be proved that the encounter was 
accidental. Wills, even those of the emperors, 
were committed to their charge (Suet. Jul. 83, 
Octav. 101 ; Tacit. Ann. i. 8), for when in such 



VESTALE3. 



VIAE. 



keeping they were considered inviolable (Plut. 
Anton. 53) ; and in like manner very solemn 
treaties, such as that of the triumvirs with Sextus 
Pompeius, were placed in their hands. (Appian, 
B. C. v. 73 ; Dion Cass, xlviii. 37 and 4G ; com- 
pare xlviii. 12.) That they might be honoured in 
death as in life, their ashes were interred within 
the pomoerium. (Serv. ad Virg. Aen. xi. 206.) 

They were attired in a stola over which was an 
upper vestment made of linen (Val. Max. i. 1. § 7 ; 
Dionys. ii. G8 ; Plin. Ep. iv. 11), and in addition 
to the Infula and white woollen Vitta they wore 
when sacrificing a peculiar head-dress called suffi- 
hulum, consisting of a piece of white cloth bor3ercd 
with purple, oblong in shape, and secured by a 
clasp. (Festus, s. v. Suffibulum.) In dress and 
general deportment they were required to observe 
the utmost simplicity and decorum, any fanciful 
ornaments in the one or levity in the other being 
always regarded with disgust and suspicion. (Liv. 
iv. 44, viii. 15 ; Plin. Ep. iv. 11 ; Ovid. Fast. iv. 
285.) We infer from a passage in Pliny (//. N. 
xvi. 85) that their hair was cut off, probably at the 
period of their consecration ; whether this was re- 
peated from time to time does not appear, but they 
are never represented with flowing locks. The 
first of the following cuts, copied from a gem 
(Montfaucon, Ant. Exp. i. pi. xxviii., Sujiplem. i. 
pi. xxiii.), represents the Vestal Tuccia who when 
wrongfully accused appealed to the goddess to vin- 
dicate her honour, and had power given her to 
earn - a sieve full of water from the Tiber to the 
temple. (VaL Max. viiL 1. § 5 ; Plin. //. A', 
xxviii. 2.) The form of the upper garment is 




here well seen. The second is from a denarius of 
tin- On Clodia, representing upon the reverse a 
female priestess with a aimpuvium in her hand, 
and bearing the legend vk.htai.is ; on the ob- 
verse is a head of Flora with the words c 
< i.odivs c. P. Two Vestals belonging to this 
gens were celebrated in the Roman Annals. (Sec 
Ovid. End. iv. 279; Suet Tib. 2; Augustin. de 
( "■. Dm, x. lli ; Herodian. i. II.) [Triumphus, 
p. 1165, a. | The coin seems to have been struck to 
commemorate the splendour of the Floraliu as ex- 
hibited during the famous aedileship of C. Clodiui 
Pulcher u. c. 99. (Cic. de Off. ii. 16, c. Verr. iv. 
2 ; Pin //. A', xxxv. 4.) 

(I.ipsius, de. Vesta rt VntalM* Syntagma, and 
Noctidcn, "(hi the worship of Vesta, &c. Clas- 




sical Journal, vol. xv. 123, vol. xvi. 321," have 
collected most of the authorities on this subject ; 
Gtittling, Geschichte der Itomisch. 6tuatsrer/'assung, 

p. i«y.) [W. r.] 

VESTI'BULUM. [Do.Mis,p. 427,a; Jama, 
p. 627, b.] 

VESTICEPS. [Impubes, 631, a.] 
VETER.VNUS. [Exercitus, p. 499, b.] 
VEXILLA'RII. [Exercitus, p. 507, b.] 
VEXILLUM. [Exercitus, p. 507, b ; Siuna 
Militaria.] 

VIAE. Three words are employed by the Ro- 
man jurists to denote a road, or a right of road, 
Iter, Actus, Via. The different meanings of these 
three words are given under Ssrvitutes, p. 1032. 

We next find Viae divided into priratuc or 
aijrariae and publieae, the former being those the 
use of which was free while the soil itself remained 
private property, the latter those of which the use, 
the management, and the soil were alike vested in 
the state. Viae Vicinales (quae in ricis sunt ret 
quae in vicos ducunt), being country cross-roads 
merging in the great lines, or at all events not 
leading to any important terminus, might be either 
publicue or priratae according as they were formed 
and maintained at the cost of the state or by the 
contributions of private individuals. (Dig. 43. tit. 
8. 8. 2. § 21, 22 ; tit. 7. s. 3 ; SicuL Flacc. de Cond. 
Agr. p. 9, ed. Goes.) The Viae puUicae of the 
highest class were distinguished by the epithets 
militares, consularcs, pruetoriae, answering to the 
terms Z5oi fiaaiKiital among the Greeks and ting's 
highicay among ourselves. 

That public roads of some kind must have 
existed from the very foundation of the city is 
manifest, but as very little friendly intercourse ex- 
isted with the neighbouring states for any length 
of time without interruption, they would in all 
probability not extend beyond the narrow limits of 
the Roman territory, and would be mere muddy 
tracks used by the peasants in their journeys to 
and from market. It was not until the period of 
the long protracted Samnitc wars that the neces- 
sity was strongly felt of securing an easy, regular, 
and safe communication between the city and the 
legions, and then for the first time we hear of those 
famous jiaved roads, which, in after ages, keeping 
pace with the progress of the Roman arms, con- 
nected Rome with her moat distant provinces, con- 
stituting not only the moat useful, but the most 
lasting of all her works. (Strabo, v. p. 235.) The 
excellence of the principles upon which they were 
constructed ii sufficiently attested by their extra- 
ordinary durability, many specimens bring found 
in tin- country around Rome which have been used 
without being repaired for more than a thousand 
years, and arc still in a high state of preservation. 

The Romans are said to have adopted their first 
ideas upon this subject from the Carthaginians 
(Isidnr. xv. 16. § 6), and it is extremely probable 
that the latter people may, from their commercial 
activity, and the sandy nature of their soil, have 

i a 4 



1192 



VIAE. 



VIAE. 



been compelled to turn their attention to the best 
means of facilitating the conveyance of merchan- 
dize to different parts of their territory. It must 
not be imagined, however, that the Romans em- 
ployed from the first the elaborate process which 
we are about to describe. The first step would be 
from the Via Terrenu (Dig. 43. tit. 11. s. 2), the 
mere track worn by the feet of men and beasts 
and the wheels of waggons across the fields, to the 
Via Glareata, where the surface Was hardened by 
gravel ; and even after pavement was introduced 
the blocks seem originally to have Tested merely 
on a bed of small stones. (Liv. xli. 27; compare 
Liv. x. 23. 47.) 

Livy has recorded (ix. 29) that the censorship 
of Appius Caecus (b. c. 312) was rendered cele- 
brated in after ages from his having brought water 
into the city and paved a road {quod viam munivit 
et aquam in urbem perduxit), the renowned Via 
Appia, which extended in the first instance from 
Rome to Capua, although we can scarcely suppose 
that it was carried so great a distance in a single 
lustrum. (Niebuhr, Rom. Gescli. iii. p. 356.) We 
undoubtedly hear long before this period of the 
Via Latina (Liv. ii. 39), the Via Gabina (Liv. ii. 
11, iii. 6, v. 49), and the Via Salaria (Liv. vii. 9), 
&c; but even if we allow that Livy does not em- 
ploy these names by a sort of prolepsis, in order to 
indicate conveniently a particular direction (and 
that he does speak by anticipation when he refers 
to milestones in some of the above passages is cer- 
tain), yet we have no proof whatever that they 
were laid down according to the method after- 
wards adopted with so much success. (Compare 
Liv. vii. 39.) p 

Vitruvius enters into no details with regard to 
road-making, but he gives most minute directions 
for pavements, and the fragments of ancient pave- 
ments still existing and answering to his description 
correspond so exactly with the remains of the mili- 
tary roads, that we cannot doubt that the processes 
followed in each case were identical, and thus 
Vitruvius (vii. 1), combined with the poem of 
Statius (Silv. iv. 3), on the Via Domitiana, will 
supply all the technical terms. 

In the first place, two shallow trenches (sulci) 
were dug parallel to each other, marking the breadth 
of the proposed road ; this in the great lines, such 
as the Via Appia, the Via Flaminia, the Via 
Valeria, &c, is found to have been from 13 to 15 
feet, the Via Tusculana is 11, while those of less 
importance, from not being great thoroughfares, 
such as the Via which leads up to the temple of 
Jupiter Latialis, on the summit of the Alban 
Mount, and which is to this day singularly per- 
fect, seem to have been exactly 8 feet wide. The 
loose earth between the Sulci was then removed, 
and the excavation continued until a solid founda- 
tion (gremium) was reached, upon which the ma- 
terials of the road might firmly rest ; if this could 
not be attained, in consequence of the swampy 
nature of the ground or from any peculiarity in the 
soil, a basis was formed artificially by driving pi}es 
(fislucationibus). Above the gremium were four dis- 
tinct strata. The lowest course was the statumen, 
consisting of stones not smaller than the hand could 
just grasp; above the statumen was the rudus, a mass 
of broken stones cemented with lime, (what masons 
■call rubble-work,) rammed down hard and nine 
inches thick ; above the rudus came the nucleus, 
composed of fragments of bricks and pottery, the 



pieces being smaller than in the rudus, cemented 
with lime and six inches thick. Uppermost was 
the pavimentum, large polygonal blocks of the 
hardest stone (silex), usually, at least in the vicinity 
of Rome, basaltic lava, irregular in form but fitted 
and jointed with the greatest nicety (apta jungiiur 
arte silex, Tibull. i. 7. 60) so as to present a per- 
fectly even surface, as free from gaps or irregu- 
larities as if the whole had been one solid mass, 
and presenting much the same external appearance 
as the most carefully built polygonal walls of the 
old Pelasgian towns. The general aspect will be 
understood from the cut given below of a portion 
of the street at the entrance of Pompeii. (Mazois, 
Les Ruines dc Pompei, vol. i. pi. xxxvii.) 




The centre of the way was a little elevated so 
as to permit the water to run off easily, and hence 
the terms agger viae (Isidor. xv. 16. § 7 ; Ammian. 
Marcellin. xix. 16 ; compare Virg. Aen. v. 273) ; 
and summum dorsum (Stat. 1. c.), although both 
may be applied to the whole surface of the pavi- 
mentum. Occasionally, at least in cities, rectan- 
gular slabs of softer stone were employed instead 
of the irregular polygons of silex, as we perceive 
to have been the case in the forum of Trajan, 
which was paved with travertino, and in part of 
the great forum under the column of Phocas, and 
hence the distinction between the phrases silicc 
sternere and saxo quadrato sternere. (Liv. x. 23, 
xli. 27.) It must be observed, that while on the 
one hand recourse was had to piling, when a solid 
foundation could not otherwise be obtained, so, on 
the other hand, when the road was carried over 
rock, the statumen and the rudus were dispensed 
with altogether, and the nucleus was spread im- 
mediately on the stony surface previously smoothed 
to receive it. This is seen to have been the case, 
we are informed by local antiquaries, on the Via 
Appia, below Albano, where it was cut through a 
mass of volcanic peperino. 

Nor was this all. Regular foot-paths (Margines, 
Liv. xli. 27, crepidines, Petron. 9 ; Orelli, Inscrip. 
n. 3844 ; um/iones, Stat. Silv. iv. 3. 47) were 
raised upon each side and strewed with gravel, the 
different parts were strengthened and bound to- 
gether with gomphi or stone wedges (Stat. I. c), 
and stone blocks were set up at moderate intervals 



VIAE. 



VIAE. 



1193 



on the side of the foot-paths, in order that travel- 
lers on horseback might he able to mount without 
the aid of an avaS6\evs to hoist them up. (Plut. 
C. Gracch. 7.) [Stratores.] 

Finally, C. Gracchus (Plut. /. c.) erected mile- 
stones along the whole extent of the great high- 
ways, marking the distances from Rome, which 
appear to have been counted from the gate at 
which each road issued forth. The passage of 
Plutarch, however, may only mean that Gracchus 
erected milestones on the roads which he made 
or repaired ; for it is probable that milestones 
existed much earlier. [MlLHARK.] Augustus, 
when appointed inspector of the viae around the 
city, erected in the forum a gilded column (xpvaovv 
fiiKiOV — xpvcrovs kioiv, milliarium aureum, Dion 
Cass. liv. 8 ; Plin. H. N. iii. 5 ; Suet. Oth. 6 ; 
Tacit. Hist. i. 27), on which were inscribed the 
distances of the principal points to which the 
viae conducted. Some have imagined, from a 
passage in Plutarch (Oath. 24), that the distances 
were calculated from the milliarium aureum, but 
this seems to be disproved both by the fact that 
the roads were all divided into miles by C. Gracchus 
nearly two centuries before, and also by the posi- 
tion of Tarious ancient milestones discovered in 
modem times. (See Holstcn. de Milliario Aareo 
in Graev. Thes. Antir/. Horn. vol. iv. and Fabretti 
de Aquis et Aquaeductis, Diss. iii. n. 25.) 

It is certain that during the earlier ages of the 
republic the construction and general superin- 
tendence of the roads without, and the streets 
within, the city, were committed like all other 
important works to the censors. This is proved 
by the law quoted in Cicero (de Leg. iii. 3), and by 
various passages in which these magistrates are 
represented as having first formed and given their 
names to great lines, such as the Via Appia and 
the Via Flaminia, or as having executed important 
improvements and repairs. (Liv. ix. 29,43, Epit. 
20, xxii. 11, xli. 27 ; Aurel. Vict, de Viris Must. 
c. 72 ; Lips. Excurs. ad Tac. Ann. iii. 31.) These 
duties, when no censors were in office, devolved 
upon the consuls, and in their absence on the 
Praetor Urbanus, the Aediles, or such persons as 
the senate thought fit to appoint. (Liv. xxxix. 
2 ; Cic. c. Verr. i 48, 50, 59.) But during the 
last century of the commonwealth the administra- 
tion of the roads, as well as of every other depart- 
ment of public business, afforded the tribunes a 
pretext for popular agitation. C. Gracchus, in 
what capacity we know not, is said to have ex- 
erted himself in making great improvements, both 
from a conviction of their utility and with a view 
to the acquirementof popularity ( Plut. ('. Orucch. 7), 
and Curio, when tribune, introduced a /.ax Viaria 
for the construction and restoration of many roads 
and the appointment of himself to the office of in- 
spector (itriardTni) for five years. (Appian. 11. ('. 
ii. 20' ; Cic. ad Fain. viii. 6.) We learn from 
Cicero (ail Alt. i. 1 ), that Thermos, in the year 
li. c. 65, was Curator of the Flnminian Way, and 
from Plutarch (furs. 5), that Julius Caesar held 
the- same office (/irijuAirWjs) with regard to the 
Appian Way, and laid out great sums of his own 
m ini v upon it, but liy whom these appointments 
were conferred we cannot tell. D.iring the first 
years of Augustus, Agrippa, being ;wdile, repaired 
nil roads at his own proper expense ; subsequently 
the emperor, finding that the roads had fallen into 
disrepair through neglect, took upon himself the 



restoration of the Via Flaminia as far as Ariminum, 
and distributed the rest among the most distin- 
guished men in the state (triumphalibus viris), to 
be paved out of the money obtained from spoils 
(ear manubiali pecunia sternendas. Suet Octav. 30 ; 
Dion Cass. liii. 22). In the reign of Claudius we 
find that this charge had fallen upon the quaestors, 
and that they were relieved of it by him, although 
some give a different interpretation to the words. 
(Suet. Claud. 24.) Generally speaking, however, 
under the empire, the post of inspector-in-chief 
(curator), — and each great line appears to have 
had a separate officer with this appellation, — was 
considered a high dignity (Plin. Ep. v. 15), inso- 
much that the title was frequently assumed by the 
emperors themselves, and a great number of in- 
scriptions are extant, bearing the names of upwards 
of twenty princes from Augustus to Constantine, 
commemorating their exertions in making and 
maintaining public ways. (Grater, Corp. lnscrip. 

cxlix clix.) 

These curatores were at first, it would appear, 
appointed upon special occasions, and at all times 
must have been regarded as honorary functionaries 
rather than practical men of business. But from 
the beginning of the sixth century of the city there 
existed regular commissioners, whose sole duty 
appears to have been the care of the ways, four 
((/ualuorriri vinrum) superintending the streets 
within the walls, and two the roads without. (Dig. 
1. tit. 2. s.2. § 30. compared with Dion Cass. liv. 
26.) When Augustus remodelled the inferior ma- 
gistracies he included the former in the vigintivirate, 
and abolished the latter ; but when he undertook 
the care of the viae around the city, he appointed 
under himself two road-makers (dSoiroious, Dion 
Cass. liv. 8), persons of praetorian rank, to whom 
he assigned two lictors. These were probably in- 
cluded in the number of the new superintendents 
of public works instituted by him (Suet. Octav. 37), 
and would continue from that time forward to dis- 
charge their duties, subject to the supervision and 
control of the curatores or inspectors general. 

Even the contractors employed (mancipes. Tacit. 
Ann. ii. 31) were proud to associate their names 
with these vast undertakings, and an inscription has 
been preserved (Orell. lnscrip. n. 3221) in which 
a wife, in paying the last tribute to her husband, 
inscribes upon his tomb Mancifi Viak A ppi a k. 
The funds required were of course derived, under 
ordinary circumstances, from the public treasury 
(Dion Cass. liii. 22 ; Sicul. Flacc. de cond. aijr. p. 
9, ed. Goes.), but individuals also were not uufre- 
quently found willing to devote their own private 
means to these great national enterprises. This, as 
we have already seen, was the case with Caesar and 
Agrippa, and we learn from inscriptions that the 
example was imitated by many others of less note. 
(e.ij. Gruter, clxi. ri. 1 and 2.) The Viae YicnviUs 
were in the hands of the rural authorities (mai/ittri 
paijorum), and seem to have been maintained by 
voluntary contribution or assessment, like our 
parish roads (Sicul. Flacc p. 9), while the streets 
within the city were kept in repair by the inhabit- 
ants, each person being answerable for the portion 
opposite to bin own home. (Dig. 43. tit. 10. s. 3.) 

Our limits preclude us from entering upon so 
large n subject as the history of the numerous mili- 
tary roads which inter-..! t.-d the Roman dominions. 
We shall c intent ourselves with simply mentioning 
those which issued from Home, together with their 



1194 



VIAE. 



VIAE. 



most important branches within the bounds of 
Italy, naming at the same time the principal towns 
through which they passed, so as to convey a gene- 
ral idea of their course. For all the details and 
controversies connected with their origin, gradual 
extensions, and changes, the various stations upon 
each, the distances, and similar topics, we must 
refer to the treatises enumerated at the close of 
this article, and to the researches of the local anti- 
quaries, the most important of whom, in so far as 
the southern districts are concerned, is Romanelli. 

Beginning our circuit of the walls at the Porta 
Capena, the first in order, as in dignity, is, 

I. The Via Appia, the Great South Road. It 
was commenced, as we have already stated, by 
Appius Claudius Caecus, when censor, and has 
always been the most celebrated of the Roman 
Ways. It was the first ever laid down upon a 
grand scale and upon scientific principles, the na- 
tural obstacles which it was necessary to overcome 
were of the most formidable nature, and when com- 
pleted it well deserved the title of Queen of Roads 
(regina viarum, Stat. Silv. ii. 2, 12). We know 
that it was in perfect repair when Procopius wrote 
(Bell. Goth. i. 14), long after the devastating in- 
roads of the northern barbarians ; and even to this 
day the cuttings through hills and masses of solid 
rock, the filling up of hollows, the bridging of ra- 
vines, the substructions to lessen the rapidity of 
steep descents, and the embankments over swamps, 
demonstrate the vast sums and the prodigious la- 
bour that must have been lavished on its construc- 
tion. It issued from the Porta Capena, and pass- 
ing through Aricia, Tres Tabernae, Appii Forum, 
Tarracina, Fundi, Formiae, Minturnae, Sinuessa, 
and Casilinum, terminated at Capua, but was even- 
tually extended through Calatia and Caudium to 
Beneventum, and finally from thence through Venu- 
sia, Tarentum, and Vria, to Brundusium. 

The ramifications of the Via Appia most worthy 
of notice, are. 

(1.) The Via Setina, which connected it with 
Setia. Originally it would appear that the Via 
Appia passed through Velitrae and Setia, avoiding 
the marshes altogether, and travellers, to escape 
this circuit, embarked upon the canal, which in the 
days of Horace traversed a portion of the swamps. 

(2.) The Via Domitiana struck off at Sinuessa, 
and keeping close to the shore passed through 
Liternum, Cumae, Puteoli, Neapolis, Herculaneum, 
Oplonti, Pompeii, and Stabiae to Surrentnm, mak- 
ing the complete circuit of the bay of Naples. 

(3.) The Via Campana or Consularis from 
Capua to Cumae sending off a branch to Puteoli 
and another through Atella to Neapolis. 

(4.) The Via Aquillia began at Capua and ran 
south through Nola and Nueeria to Salernum, from 
thence, after sending off a branch to Paestum, it 
took a wide sweep inland through Eburi and the 
region of the Mons Alhurnus up the valley of the 
Tanager ; it then struck south through the very 
heart of Lucania and Bruttium, and passing Neru- 
lum, Interamnia and Cosentia, returned to the sea 
at Vibo, and thence through Medma to Rhegium. 
This road sent off a branch near the sources of the 
Tanager, which ran down to the sea at Blanda on 
the Laus Sinus and then continued along the whole 
line of the Bruttian coast through Laus and Terina 
to Vibo, where it joined the main stem. 

(5.) The Via Egnatia began at Beneventum, 
stiuck north through the country of the Hirpini to 



Equotuticum, entered Apulia at Aecae, and passing 
through Herdonia, Canusium, and Rubi, reached 
the Adriatic at Barium and followed the coast 
through Egnatia to Brundusium. This was the 
route followed by Horace. It is doubtful whether 
it bore the name given above in the early part of 
its course. 

(6.) The Via Trajana began at Venusia and 
ran in nearly a straight line across Lucania to 
Heraelea on the Sinus Tarentinus, thence following 
southwards the line of the east coast it passed 
through Thurii, Croto, and Scyllacium, and com- 
pleted the circuit of Bruttium by meeting the Via 
Aquillia at Rhegium. 

(7.) A Via Minucia is mentioned by Cicero 
(ad Att. ix. 6), and a Via Numicia by Horace 
(Epist. i. 18. 20), both of which seem to have 
passed through Samnium from north to south, con- 
necting the Valerian and Aquillian and cutting the 
Appian and Latin ways. Their course is unknown. 
Some believe them to be one and the same. 

Returning to Rome, we find issuing from the 
porta Capena, or a gate in its immediate vicinity 

II. The Via Latina, another great line leading 
to Beneventum, but keeping a course farther inland 
than the Via Appia. Soon after leaving the city 
it sent off a short branch (Via Tusculana) to 
Tusculum, and passing through Compitum Anagni- 
num, Ferentinum, Frusino, Fregellae, Fabrateria, 
Aquinum, Casinum, Venafrwm, Teanum, Allifae, 
and Telesia, joined the Via Appia at Beneventum. 

A cross-road called the Via Hadriana, running 
from Minturnae through Suessa Aurunca to Tea- 
num, connected the Via Appia with the Via 
Latina, 

III. From the Porta Esquilina issued the Via 
Labicana, which passing Labicum fell into the 
Via Latina at the station ad Bivium 30 miles from 
Rome. 

IV. The Via Praenestina, originally the Via 
Gabina, issued from the same gate with the for- 
mer. Passing through Gabii and Praeneste, it 
joined the Via Latina just below Anagnia. 

V. Passing over the Via Collatina as of little 
importance, we find the Via Tiburtina, which 
issued from the Porta Tiburtina, and proceeding 
N. E. to Tibur, a distance of about 20 miles, was 
continued from thence, in the same direction, under 
the name of the Via Valeria, and traversing the 
country of the Sabines passed through Carseoli and 
Corfinium to Aternum on the Adriatic, thence to 
Adria, and so along the coast to Castrum Truen- 
tinum, where it fell into the Via Solaria. 

A branch of the Via Valeria led to Sublaqueum, 
and was called Via Sublacensis. Another branch 
extended from Adria along the coast southwards 
through the country of Frentani to Larinum, being 
called, as some purpose, Via Frentana Appula. 

VI. The Via Nomentana, anciently Ficol- 
nensis, ran from the porta Collina, crossed the 
Anio to Nomentum, and a little beyond fell into 
the Via Solaria at Eretum. 

VII. The Via Salaria, also from the porta 
Collina (passing Fidenae and Crustumeriuni) ran 
north and east through Sabinum and Picenum to 
Reate and Aseulum Picenum. At Castrum Truen- 
tinum it reached the coast, which it followed until 
it joined the Via Flaminia at Ancona. 

VIII. Next comes the Via Flaminia, the 
Great North Road commenced in the censorship of 
C. Flaminius and carried ultimately to Ariminum. 



VIAE. 



VIATOR. 



1155 



It issued from the Porta Flaminia and proceeded 
nearly north to Ocriculum and Narnia in Umbria. 
Here a branch struck off, making a sweep to the 
east through Interamna and Spolelium, and fell 
again into the main trunk (which passed through 
Mevania) at Fulginia. It continued through Fa- 
num Flaminii and Nuceria, where it again divided, 
one line running nearly straight to Fanum Fortunae 
on the Adriatic, while the other diverging to An- 
cona continued from thence along the coast to Fa- 
num Fortunae, where the two branches uniting 
passed on to Ariminum through Pisuurum. From 
thence the Via Flaminia was extended under the 
name of the Via Aemilia and traversed the heart 
of Cisalpine Gaul through Bononia,Mutinu, Parma, 
Placentia (where it crossed the Po) to Mediolanum. 
From this point branches were sent off through 
Bergomum, Briria, Verona, Vicentia, Patavium and 
A'/uileia to Tergeste on the east, and through No- 
varia, Vercelli, Eporedia and Augusta J'raetoria 
to the Alpis Grata on the west, besides another 
branch in the same direction through Ticinum and 
Indwstria to Augusta Tauriiumm. Nor must we 
omit the Via Postlmia, which struck from Verona 
right down across the Appenines to Genoa, passing 
through Mantua and Cremona, crossing the Po at 
Placentia and so through Iria, Dertuna and Li- 
burna, sending off a branch from Deriona to Asia. 

Of the roads striking out of the Via Flaminia in 
the immediate vicinity of Rome the most important 
is the Via Cassia, which diverging near the Pons 
Alulvius and passing not far from Kelt traversed 
Etniria through Baaytnac, Sutrium, Vulsinii, Clu- 
sium, Arretium, Florentia, Pisioria, and Luca, 
joining the Via Aurelia at Luna. 

(o) The Via Ajierina broke off from the Via 
Cassia near Baccanae, and held north through 
Pulerii, Tuder, and Perusia, re-uniting itself with 
the Via Cassia at Clusium. 

«5) Not far from the Pons Mulvius the Via 
Clodia separated from the Via Cassia, and pro- 
ceeding to Sabate on the Locus Sabatinus there 
divided into two, the principal branch passing 
through central Etruria to IluxUae and thence due 
north to Florentia, the other passing through Tar- 
i/uinu and then falling into the Via Aurelia. 

(7) Beyond Baccanae the Via Ci.mina branched 
off, crossing the Mons Ciminus and rejoining the 
Via Cassia near Fanum Voliumnae. 

IX. The Via Ai.-rki.Ia, the Great Coast Hoail, 
issued originally from the Porta .luniculensis and 
subsequently from the Porta Aurelia. It reached 
the coast at Alsium and followed the shore of the 
lower sea along Etniria and Liguria by Genoa as 
far as Forum Julii in Gaul. In the first instance 
it extended no farther than Pisa. 

X. The Via Puiiti kssis kept the right bank 
of the Tiber to Partus Auijusti. 

XI. The Via Ostiknsi.s originally passed 
through the Porta Trigrmina, afterwards through 
the Porta Ostiensis, and kept the left bank of the 
Tiber to Ustia. From thence it was continued 
nndc-r the name of Via Skvkhiana nlmig the cnast 
southward through hiunmtum, Antium, and Cir- 
cari, till it joined the Via Appia at Tarracina. 
The Via Laurentina, Wding direct to Ixturrn- 
turn, seems to have branched off from the Via 
Ottirnns at a short distance from Rome. 

XII. Ijutly, the Via Ardkatina from Rome 
to Antra. According to tome this branched off 
from the Via Appia. 



Alphabetical Table of the Viae described above. 



2. 


„ Appia L 


3. 


„ Aquillia I. (4.) 


4. 


„ Amerina VIII. (a.) 


5. 


„ Ardeatina XII. 


6. 


„ Aurelia IX. 


7. 


„ Caropana I. (3.; 


8. 


„ Cassia VIII. 


9. 


„ Cimina VIII. (3,.) 


10. 


„ Clodia VIII. (S.) 


11. 


„ Collatina V. 


12. 


„ Consulares I. (3.) 


13. 


„ Domitiana I. (2.) 


14. 


„ Egnatia I. (5.) 


15. 


„ Ficulnensis VI. 


16. 


„ Flaminia VIII. 


17. 


„ Frentana Appula V. 


18. 


„ GabinalV. 


19. 


„ Hadriana II. 



1 20. Via Labicana III. 

21. „ Laciua II. 

I 22. „ Laurentina XI. 

23. „ Minucia I. (7.) 

24. f , Nomentana VI. 

25. „ Xumicia I. (7.) 
2fi. „ OstiensisXI. 

27. n Portuensis X. 

28. „ Postumia VIII. 

29. „ Praenestina IV. 

30. „ Salaria VII. 

31. „ Setina I. (I.) 

32. „ Severiana XI. 

33. ,, Sublacensis V. 

34. „ Tiburtina V. 

35. „ Trajana I. (6.) 
3G. „ Tusculana 11. 
37. „ Valeria V. 



The most elaborate treatise upon Roman Roads 
is Bergier, Histoire des Grands Chemins de I'Em- 
pire Iiamuin, published in 10"2'2. It is translated 
into Latin in the tenth volume of the Thesaurus of 
Graevius, and with the notes of Henninius occupies 
more than 800 folio pages. In the first part of 
the above article the essay of Nibby, Utile Vie 
dei/li Antichi dissertazione, appended to the fourth 
volume of the fourth Roman edition of Nardini, 
has been closely followed. Considerable caution, 
however, is necessary in using the works of this 
author, who although a profound local antiquary, 
is by no means an accurate scholar. To gain a 
knowledge of that portion of the subject so lightly 
touched upon at the close of the article, it is neces- 
sary to consult the various commentaries upon the 
Tabula Peutingeriana and the different ancient 
Itineraries, together with the geographical works 
of Collarius. Cluverius, and D'Anville. ( \V. R.] 

VIATICUM (i(p65tov) is, properly speaking, 
every thing necessary for a person setting out on a 
journey, and thus comprehends money, provisions, 
dresses, vessels, &c. (PlauL Epid. v. 1.9; Plin. 
Epist. vii. 12 ; Cic. de Senect. 18.) When a Roman 
magistrate, praetor, proconsul, or quaestor went to 
his province, the state provided him with all that 
was necessary for his journey. But as the suite in 
this as in most other cases of expenditure preferred 
paying a sum at once to having any part in the 
actual business, the state engaged contractors 
(redemptores), who for a stipulated sum had to pro- 
vide the magistrates with the viaticum, the principal 
parts of which appear to have been beasts of burden 
and tents (mulict tabcrnucula), Julius Caesar in- 
troduced some modification of this system, by his 
Lex De Repetundis [Rki'ETI.ndak] ;and Augustus 
once for all fixed a certain sum to be given to the 
proconsuls (probably to other provincial magistrates 
also) on setting out to their provinces, so that the 
redemptores had no more to do with it. (Cic. ad 
Fam. xii. 3 ; Suet. Aug. 3<j ; Gellius, xvii. '1, 13 ; 
comp. Siifonius, de Ant up Jure Prorinc. iii. 11 ; 
Casaubon ail Tlicinvlirast. 11.) [L. S.] 

VIATOR was a servant who attended upon 
and executed the commands of certain Roman ma- 
gistrate*, to whom he bore the same relation as the 
lictor did to other magistrates. The name rintorcs 
was derived from the circumstance of their being 
chiefly employed on meninges either to cull upon 
senators to attend the meeting of the senate, or 
to summon the people to the comilia, Ate (Cic de 
Srm-rt. ID.) In tiie earlier times of the republic 
we find viatorej as ministers of such magistrates 
nUo a* had their lictor* : vintore* of n dictator and 
of the consuls arc mentioned by Livy ( vL 15, xxiL 



1196 



VICUS. 



VILLA. 



11; comp. Plin. H. N. xviii. 4 ; Liv. viii. 18). In 
later times however viatores are only mentioned 
with such magistrates as had only potestas and not 
imperium, such as the tribunes of the people, the 
censors, and the aediles. They were, in short, the 
attendants of all magistrates who had the jus pren- 
dendi. (Gell. xiii. 12 ; Liv. ii. 56, xxx. 39, xxxix. 
34 ; Lydus, de Magist. i. 44.) How many via- 
tores attended each of these magistrates is not 
known ; one of them is said to have had the right 
at the command of his magistrate to bind persons 
(lie/are), whence he was called lictor. (Gell. xii. 3.) 
It is not improbable that the ancient writers some- 
times confound viatores and lictores. (Sigonius, de 
Ant. Jur. Civ. Romanorum, ii. 15 ; Becker, Handb. 
der R\>m. Alterth. vol. ii. pt. ii. p. 379.) [L. S.] 
VICA'RII SERVI. [Servus, p. 1037, b-J 
VICA'RIUS. [Exercitus, p. 504, a.] 
VICE'SIMA, a tax of five per cent. Every 
Roman, when he manumitted a slave, had to pay 
to the state a tax of one-twentieth of his value, 
whence the tax was called vicesima manumissionis. 
This tax appears to have been levied from the 
earliest times, and was not abolished when all 
other imposts were done away with in Rome and 
Italy. (Liv. vii. 16, xxvii. 10 ; Cic. AdAtt.il 16.) 
Caracalla raised this tax to a decima, that is, ten 
per cent., but Macrinus again reduced it to the old 
standard. (Dion. Cass, lxxvii. 9, lxxviii. 12.) The 
persons employed in collecting it were called Vice- 
simarii. (Petron. Fragm. Tragur. 65 ; Orelli, In- 
script. n. 3333, &c.) 

A tax called vicesima liereditaiium ct legatorum was 
introduced by Augustus {Lex Julia Vicesimaria) : it 
consisted of five per cent, which every Roman citizen 
had to pay to the aerarium militare, upon any in- 
heritance or legacy left to him, with the exception 
of such as were left to a citizen by his nearest re- 
latives, and such as did not amount to above a cer- 
tain sum. (Dion Cass. lv. 25, lvi. 28 ; Plin. Paneg. 
37, &c. ; Capitol. M. Autonin. 11.) Peregrini and 
Latini who had become Roman citizens had, in a 
legal sense, no relative, and were therefore obliged 
in all cases to pay the vicesima hereditatium. (Plin. 
Paneg. I.e.) As only citizens had to pay this tax, 
Caracalla, in order to make it more productive, 
granted the franchise to all the subjects of the em- 
pire, and at the same time raised it to ten per cent. 
{decima), but Macrinus again reduced it to five 
(Dion. Cass, lxxvii. 9, lxxviii. 12), and at last it 
was abolished entirely. It was levied in Italy and 
the provinces by procuratores appointed for the 
purpose, and who are mentioned in many inscrip- 
tions as PROCURATORES XX HEREDITATIUM, Or 

ad vectigal xx heredit. But these officers 
generally sold it for a round sum to the publicani, 
which the latter had to pay in to the praefects of 
the aerarium militare. (Plin. Epist. vii. 14, Paneg. 
37.) [L. S.] 

VICOMAGISTRI. [Vicus.] 

VI'CTIMA. [Sacrificium.] 

VICTORIA'TUS. [Denarius.] 

VICUS is the name of the subdivisions into 
which the four regions occupied by the four city 
tribes of Servius Tullius were divided, while the 
country regions, according to an institution ascribed 
to Numa, were subdivided into Pagi. (Dionys. ii. 
76.) This division, together with that of the four 
regions of the four city tribes, remained down to 
the time of Augustus, who made the vici subdivi- 
sions of the fourteen regions into which he divided 



the city. (Suet. Aug. 30.) In this division each 
vicus consisted of one main street, including several 
smaller by-streets ; their number was 424, and 
each was superintended by four officers, called vico- 
magistri, who had a sort of local police, and who, 
according to the regulation of Augustus, were 
every year chosen by lot from among the people 
who lived in the vicus. (Suet. I. c. ; Dion Cass. lv. 
8.) On certain days, probably at the celebration 
of the compitalia, they wore the praetexta, and 
each of them was accompanied by two lictors. 
(Dion Cass. I. c. ; Ascon. ad Cic. in Pison. p. 7. ed. 
Orelli.) These officers, however, were not a new 
institution of Augustus, for they had existed during 
the time of the republic, and had had the same 
functions as a police for the vici of the Servian 
division of the city. (Liv. xxxiv. 7 ; Festus, s.v. 
Magistrare ; comp. Sextus Rufus, Breviarium de 
Regionibus Urbis Romae ; and P. Victor, de Regio- 
nibus Urbis Romae.) [L. S.] 

VICUS. [Universitas, p. 1216, a.] 
VI'GILES. [Exercitus, p. 510, a.] 
VIGI'LIAE. [Castra, p. 250, b.] 
VIGINTISEXVIRI were twenty-six magis- 
trates minores, among whom were included the 
triumviri capitales, the triumviri monetales, the 
quatuorviri viarum curandarum for the city, the two 
curatores viarum for the roads outside the city, the 
decemviri litibus {stlitibus) judicandis, and the four 
praefects who were sent into Campania for the 
purpose of administering justice there. Augustus 
reduced the number of officers of this college to 
twenty {vigintiviri), as the two curatores viarum 
for the roads outside the city and the four Campa- 
nian praefects were abolished. (Dion Cass. liv. 26.) 
Down to the time of Augustus the sons of senators 
had generally sought and obtained a place in the 
college of the vigintisexviri, it being the first step 
towards the higher offices of the republic ; but in 
A. D. 13 a senatusconsultum was passed ordaining 
that only equites should be eligible to the college 
of the vigintiviri. The consequence of this was 
that the vigintiviri had no seats in the senate, 
unless they had held some other magistracy which 
conferred this right upon them. (Dion Cass. I.e.) 
The age at which a person might become a vigin- 
tivir appears to have been twenty. (Compare Dion 
Cass. lx. 5 ; Tacit. Annal. iii. 29, with Lipsius' 
note ; Spart. Did. Julian. 1.) An account of the 
magistrates, forming this college has been given in 
separate articles. [L. S.] 

VIGINTIVIRI. [Vigintisexviri.] 
VILLA, a farm or country-house. The Roman 
writers mention two kinds of villa, the villa rustica 
or farm-house, and the villa urbana or pseudo- 
urbana, a residence in the country or in the suburbs 
of a town. When both of these were attached to 
an estate, they were generally united in the same 
range of buildings, but sometimes they were placed 
at different parts of the estate. The part of the 
villa rustica, in which the produce of the farm was 
kept, is distinguished by Columella by a separate 
name, villa frucluaria. 

1. The villa rustica is described by Varro {R. R. 
i. 11, 13), Vitruvius (vi. 9), and Columella (i. 4. 
§ 5 ). 

The villa, which must be of size corresponding 
to that of the farm, is best placed at the foot of a 
wooded mountain, in a spot supplied with running 
water, and not exposed to severe winds nor to the 
effluvia of marshes, nor (by being close to a public 



VILLA. 



VILLICUS. 



1197 



road) to a too frequent influx of visitors. The villa 
attached to a large farm had two courts (coliortes, 
chorte.% cortes, Varro, i. 13). At the entrance to 
the outer court was the abode of the villicus, that 
he might observe who went in and out, and over 
the door was the room of the procurator. ( Varro, 
I.e. ; Colum. i. 6.) Near this, in as warm a spot 
as possible, was the kitchen, which, besides being 
used for the preparation of food, was the place 
where the slaves (familiae) assembled after the 
labours of the day, and where they performed 
certain in-door work. Vitruvius places near the 
kitchen the baths and the press (torcular) for wine 
and oil, but the latter, according to Columella, 
though it requires the warmth of the sun, should 
not be exposed to artificial heat. In the outer 
court were also the cellars for wine and oil (cellae 
vinariue et oleariae), which were placed on the 
level ground, and the granaries, which were in the 
upper stories of the farm-buildings, and carefully 
protected from damp, heat, and insects. These 
store-rooms form the separate villa frucluaria of 
Columella ; Varro places them in the vil/a rustica, 
but Vitruvius recommends that all produce which 
could be injured by tire should be stored without 
the villa. 

In both courts were the chambers (cellae) of the 
slaves, fronting the south ; but the enjudulum for 
those who were kept in chains (vincti) was under- 
ground, being lighted by several high and narrow 
windows. 

The inner court was occupied chiefly by the 
horses, cattle, and other live stock, and here were 
the stables and stalls (bulnlia, eiptiliu, ovilia). 

A reservoir of water was made in the middle of 
each court, that in the outer court for soaking pulse 
and other vegetable produce, and that in the inner, 
which was supplied with fresh water by a spring, 
for the use of the cattle and poultry. 

2. The Villa urlxtna or pseuiJo-urtana was so called 
because its interior arrangements corresponded for 
the most part to those of a town-house. [IIol'sk.] 
Vitruvius (vi. ii) merely states that the description 
of the latter will apply to the former also, except 
that in the town the atrium is placed close to the 
door, but in the country the peristyle comes first, 
and afterwards the atrium, surrounded by paved 
porticoes, looking upon the palestra and ambulatio. 

Our chief sources of information on this subject 
are two letters of Pliny, in one of which (ii. 17) 
he describes his Laurentine villa, in the other (v. 6) 
his Tuscan, with a few allusions in one of Cicero's 
letters (n t QuiiU. iii. 1 ), and, a* a most important 
illustration of these descriptions, the remains of a 
suburban villa at Pompeii. ( I'ompeii, ii. c. 1 1 , Loud. 
1832.) 

The clearest account is that given by Pliny in 
the first of the two letters mentioned above, from 
which, therefore, the following description is for 
the most part taken. 

The villa was approached by an avenue of plane 
trees leading to a portico, in front of which was a 
rtpilu* divided into flower-beds by borders of box. 
This xystus formed a terrace, from which n grassy 
slope, ornamented with box-trees cut into the figures 
of animals, and forming two line.s opposite to one 
■Dot her, descended till it was lost in the plain, 
which was covered with ncanthiis. (Plin. v. 6.) 
Next to the portico was an atrium, smaller and 
plainer than the corresponding npartment in a 
town-house. In this resjirct Pliny's description is 



at variance with the rule of Vitruvius ; and the 
villa at Pompeii also has no atrium. It would 
appears from Cicero (/. c.) that both arrangements 
were common. Next to the atrium in Pliny's 
Laurentine villa was a small elliptic peristyle 
(poriicus in O literae similitudinem circumactae, 
where, however, the readings D and A are also 
given instead of 0). The intervals between the 
columns of this peristyle were closed with talc 
windows (specularibus, see DoMl'S, p. 432), and 
the roof projected considerably, so that it formed 
an excellent retreat in unfavourable weather. The 
open space in the centre of this peristyle seems 
often to have been covered with moss and orna- 
mented with a fountain. Opposite to the middle 
of this peristyle was a pleasant cavaedwm, and 
beyond it an elegant triclinium, standing out from 
the other buildings, with windows or glazed doors 
in the front and sides, which thus commanded 
a view of the grounds and of the surrounding 
country, while behind there was an uninterrupted 
view through the cavaedium, peristyle, atrium, 
and portico into the xystus and the open country 
beyond. 

Such was the principal suite of apartments in 
Pliny's Laurentine villa. In the villa at Pompeii 
the arrangement is somewhat different. The en- 
trance is in the street of the tombs. The portico 
leads through a small vestibule into a large square 
peristyle paved with opus signinum, and having an 
impluvium in the centre of its uncovered area. 
Beyond this is an open hall, resembling in form 
and position the lablinum in a town-house. Next 
is a long gallery extending almost across the whole 
width of the house, and beyond it is a large cyzi- 
cene oecus, corresponding to the large triclinium in 
Pliny's villa. This room looks out upon a spacious 
court, which was no doubt a xystus or garden, and 
which is surrounded on all sides by a colonnade 
composed of square pillars, the top of which forms 
a terrace. In the farthest 6ide of this court is a 
gate leading out to the open country. As the 
ground slopes downward considerably from the 
front to the back of the villa, the terrace just 
spoken of is on a level with the cyzicene oecus, the 
windows of which opened upon it ; and beneath 
the oecus itself is a range of apartments on the 
level of the large court, which were probably used 
in summer, on account of their coolness. 

The other rooms were so arranged as to take 
advantage of the different seasons and of the sur- 
rounding scenery. Of these, however, there is only 
one which requires particular notice, namely, a 
state bed-chamber, projecting from the other build- 
ings in an elliptic or semicircular form, so as to 
admit the sun during its whole course. This 
npartment is mentioned by Pliny, and is also found 
in the Pompeian villa. In Pliny's Laurentine 
villa its wnll was fitted up as a library. 

The villa contained a set of baths, the general 
nrrangement of which was similar to that of the 
public baths. [DalnkaK.] 

Attached to it were a garden, amlmlalio, tirstalio, 
liippodromus, tjiluu-ritlrrium, and in short all neces- 
sary arrangements for enjoying different kinds of 
exercise. [Moans; fiv.MS vstiM.) 

(Ilecker. (,'allui, vol. i. p. 2.18 ; Schneider's notes 
on Columella and Varro, and Oicrig's on Pliny, 
contain mnny useful remarks.) [P. S.] 

VI'LLICUS (hlrpanai in fireek writers. Pint. 
('run. 4), a slave who had the superintendence 



11.98 VINDICAT10. 



VINDICATIO. 



of tlie villa rustica, and of all the business of 
the farm, except the cattle, which were under the 
care of the magister pecoris. (Varro, R. R. i. 2.) 
The duties of the villicus were to obey his master 
implicitly, and to govern the other slaves with 
moderation, never to leave the villa except to go to 
market, to have no intercourse with soothsayers, 
to take care of the cattle and the implements of 
husbandry, and to manage all the operations of the 
farm. (Cato, R. R. 5. 142.) His duties are de- 
scribed at great length by Columella (xi. 1, and 
i. 8), and those of his wife (villica) by the same 
writer (xii. 1), and by Cato (c. 143). 

The word was also used to describe a person to 
whom the management of any business was en- 
trusted. (See the passage quoted in Forcellini's 
Lexicon.) [P. S.] 

VINA'LIA. There were two festivals of this 
name celebrated by the Romans : the Vinalia 
urbana ovprioria, and the Vinalia rustica or altera. 
The vinalia urbana were celebrated on the 23rd of 
April (ix. Calend. Mai). This festival answered 
to the Geeek iriBoiyia, as on this occasion the wine 
casks which had been filled the preceding autumn 
were opened for the first time, and the wine tasted. 
(Plin. H. N. xviii. 69. § 3.) But before men ac- 
tually tasted the new wine, a libation was offered 
to Jupiter (Fest. s. v. Vinalia), which was called 
calpar. (Fest. s. v. Calpar.) 

The rustic vinalia, which fell on the 19th of 
August (xiv. Calend. Sept.) and was celebrated 
by the inhabitants of all Latium, was the day on 
which the vintage was opened. On this occasion 
the flamen dialis offered lamb's to Jupiter, and 
while the flesh of the victims lay on the altar, he 
broke with his own hands a bunch of grapes from 
a vine, and by this act he, as it were, opened the 
vintage (yindemiam auspicari ; Varro, de Ling. Lat. 
vi. 20), and no must was allowed to be conveyed 
into the city until this solemnity was performed. 
(Plin. H. N. xviii. 69. § 4.) This day was 
sacred to Jupiter, and Venus too appears to have 
had a share in it. (Varro, I. c. ; de Re Rust. i. 1 ; 
Macrob. Sat. i. 4; Ovid, Fast. iv. 897, &c.) An 
account of the story which was believed to have 
given rise to the celebration of this festival is given 
by Festus (s. v. Rustica vinalia) and Ovid (Fast. 
iv. 863, &c. ; compare Aurel. Vict, de Orig. Gent. 
Rom. lb). [L. S.] 

VINDEMIA'LIS FE'RIA. [Feriae, p. 
530, a.] 

VINDEX. [Actio, p. 11, a ; Manus In- 

JECTIO.] 

VINDICA'TIO. Actiones In Rem were called 
Vindicationes : Actiones in Personam, " quibus 
dari fieri oportere intendimus," were called Con- 
dictiones. (Gaius, iv. 5.) Vindicationes therefore 
were actions about the title to res Corporales, 
and to Jura in re. (Gaius, iv. 3.) The distinction 
between Vindicationes and Condictiones was an 
essential distinction which was not affected by 
the change in the form of procedure from the 
Legis Actiones to that of the Formulae. The 
Legis Actiones fell into disuse (Gaius, iv. 31) 
except in the case of Damnum Infectum and a 
Judicum Centumvirale, and from this time both 
Vindicationes and Condictiones were prosecuted 
by the Formulae. [Actio.] The peculiar process 
of the Vindicatio belonged to the period when the 
Legis Actiones were in force. 

The five modes of proceeding Lege (Gaius, iv. 



12), were Sacramento ; Per judicis postulationem ; 
Per condictionem ; Per manus injectionem ; Per 
pignoris capionem. [Per Judicis Postula- 
tionem ; Per Condictionem ; Manus Injec- 
tio ; Per Pignoris Capionem.] 

A man might proceed Sacramento either in the 
case of an Actio in personam or an Actio in rem. 
The part of the process which contained the Sacra- 
mento contendere, or the challenge to the deposit 
of a sum of money originally, and afterwards to 
the engagement to pay a penalty, was applicable 
both to an action in personam and an action in 
rem. The condition of the penalty was in fact 
the existence or non-existence of the right claimed 
by the plaintiff, whatever the right might be ; and 
the process thus assumed the form of a suit for the 
penalty. It was the Sacrarnentum which gave to 
this form of action its peculiar character. When the 
parties were in judicio, they briefly stated their cases 
severally, which was called causae conjectio. If it 
was an Actio in rem, that is a Vindicatio, moveable 
things and moving things (mobilia et moventia) 
which could be brought before the Praetor (in jus), 
were claimed before the Praetor (in jure vindica- 
bantur) thus : he who claimed a thing as his pro- 
perty (qui vindicabat), held a rod in his hand, 
and laying hold of the thing, it might be a slave 
or other thing, he said ; " Hunc ego hominem ex 
jure Quiritium Meum esse aio secundum causam 
sicut dixi. Ecce tibi Vindictam imposui ; " and 
saying this he placed the rod on the thing. The 
other claimant (adversarius) did and said the same. 
This claiming of a thing as property by laying the 
hand upon it, was "in jure manum conserere," a 
phrase as old as the XII Tables. (Gell. xx. 10.) 
The Praetor then said : " Mittite ambo hominem," 
and the claimants obeyed. Then he who had made 
the first vindicatio thus addressed his opponent: 
"Postulo anne dicas qua ex causa vindicaveris." 
The opponent replied : " Jus peregi sicut Vindictam 
imposui." Then he who had made the first vindi- 
catio proceeded to that part of the process called the 
Sacrarnentum, which was in the form of a wager 
as to the Right ; he said : " Quando tu injuria vin- 
dicavisti D Aeris Sacramento te provoco." The 
opponent replied by giving the Similiter ; " Simi- 
liter ego te." 

The process of the Sacrarnentum, as already 
observed, was applicable to an actio in personam ; 
but as that was founded on an obligatio, there was 
of course no specific object to claim. In the case of 
a Vindicatio the Praetor declared the Vindiciae 
in favour of one of the parties, that is, in the mean- 
time he established one of the parties as Possessor, 
and compelled him to give security to his opponent 
for the thing in dispute and the mesne profits, or 
as it was technically expressed, " jubebat praedes 
adversario dare litis et vindiciarum." 

The Praetor took security from both for the 
amount of the Sacrarnentum ; for the party who 
failed paid the amount of the Sacrarnentum as a 
penalty (poenae nomine) which penalty belonged 
to the state (in publicum cedebat). The sums of 
money were originally deposited in sacro: the 
successful party took his money back, and the de- 
posit of the unsuccessful party was paid into the 
aerarium. (Varro, de L. L. 180, MUller ; Festus, 
s. v. Sacrarnentum.) 

The Poena of the Sacrarnentum was quingenaria, 
that is, quingenti asses, in cases when the property 
in dispute was of the value of a thousand asses and 



VINDICATIO. 



VINDICATIO. 



1199 



upwards ; and in cases of smaller value it was fifty 
asses. This was a provision of the XII. Tables ; 
but if a man's freedom (libertas) was in issue, the 
poena was only fifty asses. 

If the property claimed was a piece of land, the 
claimants appeared In jure and challenged each 
other to go on the land in the presence of witnesses 
(superstiles, Festus, s. v. ; Cic. pro Murena, 1"2), 
■where each made his claim. In the time of the 
Twelve Tables says Gellius (xx. 10) the Magis- 
tratus who presided in the court accompanied the 
parties to the land in order to perfect the process 
injure ; but this mode of procedure, which might 
do in very early times and within a small territory, 
must have become inconvenient. Accordingly it 
became the practice for one of the claimants to go 
through the form of ejecting the other from the 
land, which was called the Vis Civilis. (Com- 
pare Gellius, xx. 10 ; Cic. pro Caecina, 1, 7, 32, 
pro Tullio, 20.) In course of time it became 
the practice to bring into court a clod of earth, or 
a bit of a column, as a sign of the thing ; and 
even in the case of moveable objects, a part was 
often brought into court to represent the whole ; , 
and the Vindicatio was made as if the whole thing 
was there. It seems that the process might also 
be begun by the parties performing the ceremony 
of the Deductio on the ground before they came In 
jus, where however they performed the fiction of 
going to the premises and returning. The change 
in the form of procedure, which change was accom- 
plished "contra Duodecim Tabulas, tacito consensu," 
led to the phrase "ej: jure manum conserere'' (GdL 
xx. 10), which is explained thus: one party 
called the other out of court (ex jure) "ad con- 
sercndam manum in rem de qua agebatur :" the 
parties he says, then went together to the land in 
dispute, and brought a clod of earth from it, " in 
jus in urbem ad Praetorem ;" and the clod of earth 
was viewed as the whole ** ager." 

When the Legis Actiones fell into disuse, the 
process of the Vindicatio was altered and became 
that of the Sponsio. The term Sponsio is best ex- 
plained by giving the substance of a passage in 
Gaius (iv. 91, Ate). In the case of an actio in rem, 
a man might proceed either Per fonnulam petito- 
riam, in which the Intentio of the plaintiff was, 
that a certain thing was his property ; or he might 
proceed Per sponsionem which did not contain 
such an Intentio. The defendant was challenged 
to a Sponsio in such terms as these : " Si homo 
quo de ngitur ex jure Quiritium meus est sestcrtios 
xxv. Nummo* dare spondes?" The Intentio in 
the formula was that if the slave belonged to the 
plaintiff, the sum of money contained in the Spon- 
sio ought to be paid to the plaintiff (spmuiunu 
sum mam actori diiri Jebere). The Sponsio evi- 
dently took its name from the verb Spondco. If 
the plaintiff proved the slave to be his property, he 
was intitled to a judgment. Yet the sum of mo- 
ney was not paid, though it was the object of the 
Intentio, for, says Gaius, "it is not poenalis, but 
praejudicialis, and the sponsio is introduced merely 
n» a means of trying the right to the property, nnd 
this explains why the defendant has no restipula- 
tio.** The sponsio was said to be " pro pracde 
litis et vindiciarum," because it took the place of 
the praedium, which when the Legis actiones were 
in uw, was given "pro lite ct vindiciis," thnt is, 
" pro re et fnictibus" by the possessor to the plain- 
tiff. [ I'ltAEJUOICIUM ; PllAtdS.J 



This Sponsio Praejudicialis was merely a tech- 
nical mode of converting an actio in rem into an 
actio in personam, and we must suppose that there 
was some good reason for the practice. It might 
be conjectured that it was introduced in order to 
obviate the trouble and difficulties attendant on the 
old process of the Vindicatio. 

From the expression of Gaius, it appears that 
there was also a Sponsio Poenalis, that is both the 
defendant made a sponsio and the plaintiff made a 
restipulatio. Thus in the case of " certa pecunia 
credita," the defendant's sponsio was made at the 
risk of losing the sum, if he could not sustain his 
denial of the plaintiff's claim ; and the plaintiff's 
restipulatio was made at the like risk if he could 
not support his claim. The poena of the Sponsio 
and restipulatio belonged to the successful party. 
(Gaius, iv. 13.) There was also a Poenalis sponsio 
in the case of Interdicts (Gaius, iv. 141, 165, &c), 
and Pecunia Constituta. In the case of Certa 
Pecunia the sponsio was to the amount of one-third 
of the 6um demanded, which was called legitima 
pars. (Cic. pro Rose. Com. 4, 5.) In the case of 
Constituta Pecunia the sponsio was to the amount 
of one-half. (Gaius, iv. 171.) These stipulationes 
were fixed by law ; in other cases they were fixed 
by the Edict. 

These sponsiones were introduced probably partly 
with a view to check litigation, and partly with a 
view to give compensation to the party who ulti- 
mately obtained a verdict ; for otherwise there do 
not appear in the Roman law to be any direct pro- 
visions as to the costs of suits. Thus Gaius (iv. 
174) enumerates four modes in which the Actoris 
calumnia is checked ; the Calumniae judicium, 
Contrarium judicium, Jusjurandum, and the Resti- 
pulatio. The Restipulatio, he says, " is allowed 
in certain cases ; and as in the Contrarium judicium 
the plaintiff has in all cases judgment against him, 
if he cannot sustain his case, and it matters not 
whether or not he knows that his claim was not 
good, so in all cases the plaintiff (that is if he can- 
not sustain his case) is condemned in the penalty 
of the restipulatio." 

As to the form of the Sponsio the passage of 
Gaius already referred to is an example ; and there 
is another in the oration of Cicero, pro /'. Quin- 
lio (8. 27). The use of the word Si or Ni in the 
Sponsio would depend on the fact which was af- 
firmed or rather on the mode of affirmation and 
the party affirming. Cicero (pro Caecin. 23) al- 
ludes to the use of these words {tut, wire), jiris- 
sonius (de Formtdis, Axe. v. 7. p. 34B) has collected 
instances of them. 

The other mode of procedure in the case of Vin- 
dicatio, that was in use after the Legis Actiones 
fell into disuse was. Per Fonnulam Petitoriam, in 
which the plaintitf (actor) claimed the thing as his 
property (inlendit rem suam esse). In this fimn of 
proceeding there was the Stipulatio called Judica- 
tum solvi, by which the defendant engaged to obey 
the decree of the Judex, ((iaius, iv. 91.) This 
formula was adapted also to the cases of Praetorian 
ownership and the Actio Puhliciana. (Gains, iv. 
31, 3fi.) In caws which were brought before tho 
Ccntumviri, it was the practice, at least in tho 
Imperial period, to come first before the Praetor 
Urbamu or Percgrinus in order that the matter 
might be put in the old form of the Socramentum. 
(Gaius, iv. 31, 9. r > ; (fell. xx. 10.) 

An hcrcdilas was sued for like any other thing 



1200 



VINDICTA. 



VINEA. 



either by the Sacramentum, so long as it was in 
use, or the Sponsio, or the Petitoria Formula. 
(Gaius, iv. 11, 31 ; Walter, Geschkhte des Rom. 
Rechts ; Puchta, Inst. ii. § 161.) [G. L.] 

VINDFCIAE. [Vindicatio.] 

VINDICTA. [Manumissio ; Vindicatio.] 

VINDICTA. A class of actions in the Roman 
Law have reference to Vindicta as their object, 
which is thus expressed : ad ultionem pertinet, in 
sola vindicta constitutum est, Vindictam continet. 
(Dig. 47. tit. 12. s. 6. 10 ; 29. tit. 2. s. 20. § 5.) 
Some of these actions had for their object simply 
compensation, as the Actio doli. Others had for 
their object to give the complainant something more 
( poena) than the amount of his injury, as in the 
Furti actio, and sometimes in addition to this com- 
pensation also as in the Vi Bonorum raptorum actio. 
A third class of actions had for its immediate object 
money or property, but this was not the ultimate 
object as in the cases already mentioned, but 
merely a means ; the real object was Vindicta. 
This Vindicta consists in the re-establishment of a 
right which has been violated in the person of the 
complainant, in which case the individual discharges 
the office which the State discharges generally in 
matters of Crime. Those actions of which Vindicta 
is the object, are distinguished from other actions 
by forming exceptions to the general rules as to the 
legal capacity of those who may institute them, 
such as a filiusfamilias and one who has sustained 
a capitis deminutio. 

The following are actions of this kind : — 
1. Actio Injuriarum. When a filiusfamilias was 
injured, a wrong was done both to him and to his 
father. The injury done to the son is the only 
one that belongs to the head of Vindicta. The 
father generally brought the action, for he could 
acquire through his son all rights of action. But 
the son could bring an action in his own name with 
the permission of the Praetor, if the father was ab- 
sent, or was in any way prevented from bringing the 
action ; and in some cases, if the father refused to 
bring the action. The pecuniary damages which 
were the immediate object of the action belonged 
to the father, so that the son appeared in the 
double capacity of suing in his own name in re- 
spect of the Vindicta, and as the representative of 
his father in respect of the damages. If the son 
was emancipated, the right of action passed to him 
and was not destroyed by the capitis deminutio. 

2. Actio sepulcri violati, whicli could be brought 
by the children of the deceased, even if they 
refused the hereditas, or by the heredes. The 
object was Vindicta, which was effected by giving 
the plaintiff damages to the amount of the wrong 
(quanti ob earn rem aequum videbitur, 8[c. Dig. 47. 
tit. 12. s. 3). The action was consequently in 
bonum et aequum concepta, and the right was not 
affected by a capitis deminutio. If those who had 
a right to bring the action neglected to do so, any 
person might bring the action ; but in that case 
the damages were limited to 100 aurei by the Edict. 

3. Actio de effusis. When a free person was 
injured by anything being poured or thrown from 
a house, he had an actio in bonum et aequum con- 
cepta, the ultimate object of which was Vindicta. 

4 An action for mischief done to a man by any 
dangerous animal belonging to another, when it 
happened through the want of proper caution on 
the part of the owner. (Dig. 21. tit. 1. s. 40—43.) 

5. Interdictum quod vi aut clam. This is a 



plaint which could be instituted by a filiusfamilias 
in his own name, because the object was Vindicta. 
The ground of this capacity of a filiusfamilias was 
an injury done to him personally by a person who 
acted in opposition to his remonstrance. If for in- 
stance the son inhabited a house belonging to his 
father or one hired from a stranger, and was dis- 
turbed in his enjoyment by some act of his neigh- 
bour, the filiusfamilias might have an action for 
the amount of the damage, but the pecuniary 
satisfaction would belong to the father as in the 
case of the Actio Injuriarum. But the action was 
not in bonum et aequum concepta, since it had a 
definite object, which was either the restoration of 
things to their former condition, which might be 
immediately for the benefit of the filiusfamilias, or 
to ascertain the value of the wrong done (quod 
interest). 

6. The action against a Libertus in respect of an 
In Jus vocatio. [Patronus.] If the Libertus 
had proceeded against the son of his patron, and 
the father was absent, the son could institute the 
suit himself, as in the case of the Actio Injuriarum. 

7. Querela Inofficiosi. [Testamentum.] 

8. Actiones Populares, which are actions in 
which the plaintiff claims a sum of money, but not 
as a private individual : he comes forward as a 
kind of representative of the State. If the act 
complained of be such as affects the interests of in- 
dividuals as such, they can bring an action in 
preference to any other person and the action is 
not purely popular : to this class belong such ac- 
tions as the Actio sepulcri violati. But if there 
are no persons who are individually interested in 
the matter complained of, or none such bring an 
action, any person ( unus ex populo) may bring the 
action as the Procurator of the State, and he is 
not bound to give the security which an ordinary 
procurator must give. A filiusfamilias can bring 
such action. By virtue of the Litis contestatio the 
action becomes the same as if it were founded 
on an obligatio, and this right of action as well as 
the money which may arise from it is acquired by 
the filiusfamilias for his father. These actiones 
being for fixed sums of money are not in bonum et 
aequum conceptae. 

With the populares actiones may be classed as 
belonging to the same kind, the Interdicta Publica 
or Popularia, and that Novi operis nuntiatio which 
is for the protection of Publicum Jus ; with this 
distinction, that the proceedings have not for their 
object the recovery of a sum of money. But in 
the general capacity of all persons to bring such 
actions, independent of the usual rules as to legal 
capacity, all these modes of proceeding agree. 

(Savigny, System des lieut. Rom. Redds, ii. 
121.) _ [G. L.] 

VI'NEA, in its literal signification, is a bower 
formed of the branches of vines, and from the pro- 
tection which such a leafy roof affords, the name 
was applied by the Romans to a roof under which 
the besiegers of a town protected themselves against 
darts, stones, fire, and the like, which were thrown 
by the besieged upon the assailants. The descrip- 
tion which Vegetius (de Re Mil. iv. 15) gives of 
such a machine perfectly agrees with what we know 
of it from the incidental mention of other writers. 
The whole machine formed a roof, resting upon 
posts eight feet in height. The roof itself was ge- 
nerally sixteen feet long and seven broad. The 
wooden frame was in most cases light, so that it 



VINUM. 

could be carried by the soldiers ; sometimes, how- 
ever, when the purpose which it was to serve re- 
quired great strength, it was heavy and then the 
whole fabric p.obably was moved by wheels at- 
tached to the posts. The roof was formed of planks 
and wicker-work, and the uppermost layer or layers 
consisted of raw hides or wet cloth as a protection 
against fire, by which the besieged frequently de- 
stroyed the vineae. (Liv. ii. 17, v. 7, xxi. 61.) 
The sides of a vinea were likewise protected by 
wicker-work. Such machines were constructed in 
a safe place at some distance from the besieged 
town, and then carried or wheeled (ayere) close to 
its walls. Here several of them were frequently 
joined together, so that a great number of soldiers 
might be employed under them. When vineae 
had taken their place close to the walls the sol- 
diers began their operatious, either by undermining 
the walls, and thus opening a breach, or by em- 
ploying the battering-ram {arks, Liv. xxi. 7, 8). 
In the time of Vegetius the soldiers used to call 
these machines causiae. (J. Lipsius, Poliorcet. i. 
dial. 7.) [L. S.] 

VINUM (ohos). The general term for the 
fermented juice of the grape. 

The native country of the vine was long a vex- 
ata quaestio among botanists, but, although many- 
points still remain open for debate, it seems now to 
be generally acknowledged that it is indigenous 
throughout the whole of that vast tract which 
Btretches southward from the woody mountains of 
Mazanderan on the Caspian to the shores of the 
Persian Gulf and the Indian sea, and eastward 
through Khorasan and Cabul to the base of the 
Himalaya, — the region to which history and phi- 
lology alike point as the cradle of the human race. 
Hence, when we consider the extreme facility of 
the process in its most simple form, we need little 
wonder that the art of making wine should have 
been discovered at a very remote epoch. 

In the earliest of profane writers the cultivation 
of the grape is represented as familiar to the Heroic 
Greeks, some of his most beautiful and vivid pic- 
tures of rural life being closely connected with the 
toils of the vineyard. It is worth remarking that 
the only wine upon whose excellence Homer dilates 
in a tone approaching to hyperbole is represented 
as having been produced on the coast of Thrace, the 
region from which poetry and civilization spread 
into Hellas, and the scene of several of the more 
remarkable exploits of Bacchus. Hence we might 
infer that the Pelasgians introduced the culture of 
the vine when they wandered westward across the 
Hellespont, and that in like manner it was con- 
veyed to the valley of the Po, when at a subse- 
quent period they made their way round the head 
of the Adriatic. It seems certain from the various 
legends that wine was both rare and costly in the 
earlier ages of Italian and Roman history. Thus, 
a tradition preserved by Varro (up. 1 tin. It. N. 
xiv. 14) told that when Mc/.oniius agreed to aid 
the Rutilians he stipulated that the produce of the 
Lallan vineyards should be his recompense. Ro- 
mulus is said to hnve used milk only in his offer- 
ings to the gods ( 1*1 in. /. c.) : Nutna, to check ex- 
travagance, prohibited the sprinkling of wine upon 
the funeral pyre, and, to stimulate the energies 
of the rustic population, he ordained that it 
should be held impious to offer a libation to the 
gods of wine which had flowed from an unpinned 
stock. .So acarcc was it at a much later period 



VINUM. 



1201 



I that Papirius the dictator, when about to join in 
I battle with the Samnites, vowed to Jupiter a small 
I cupful {vini pociUum) if he should gain the victory. 
That wine was racked off into amphorae and 
stored up in regular cellars as early as the era 
of the Gracchi Pliny considers proved by the 
existence in his own day of the Vinum Opimianum, 
described hereafter. But even then no specific ap- 
pellation was given to the produce of different lo- 
calities, and the jar was marked with the name of 
the consul alone. For many years after this foreign 
wines were considered far superior to native growths, 
and so precious were the Greek vintages esteemed 
in the times of Mariua and Sulla that a single 
draught only was offered to the guests at a ban- 
quet. The rapidity with which luxury spread in 
this matter is well illustrated by the saying of 
M Varro, that Lucullus when a boy never saw an 
entertainment in his father's house, however splen- 
did, at which Greek wine was handed round more 
than once, but when in manhood he returned from 
his Asiatic conquests he bestowed on the people a 
largess of more than a hundred thousand cadi. 
Four different kinds of wine are said to have been 
presented for the first time at the feast given by 
Julius Caesar in his third consulship (a c. 46), 
these being Falernian, Chian, Lesbian, and ^lamer- 
tine, and not until after this date were the merits 
of the numerous varieties, foreign and domestic, 
accurately known and fully appreciated. But 
during the reign of Augustus and his immediate 
successors the study of wines became a passion, and 
the most scrupulous care was bestowed upon every 
process connected with their production and pre- 
servation. (Plin. //. N. xiv. 215.) Pliny calculates 
that the number of wines in the whole world de- 
serving to be accounted of high quality (nobilia) 
amounted to eighty, of which his own country 
could claim two-thirds (xiv. 13) ; and in another 
passage ( xiv. 29) he asserts that 195 distinct kinds 
might be reckoned up, and that if all the varieties 
of these were to be included in the computation, 
the sum would be almost doubled. (Plin. II. X. 
xiv. 6. 29.) 

The process followed in wine-making was es- 
sentially the same among both the Greeks and 
the Romans. After the grapes had been gathered, 
they were first trodden with the feet and after- 
wards submitted to the action of the prcBS. This 
part of the process of wine-making is described in 
the article Torculum. 

The sweet unfermentcd juice of the grape was 
termed y\tvKos by the Greeks and mustum by the 
Romans, the latter word being properly an ad- 
jective signifying new ozj'mh. Of this there were 
several kinds distinguished acccording to the man- 
ner in which each was originally obtained and sub- 
sequently treated. That which flowed from the 
clusters, in consequence merely of their pressure 
upon each other before any force was applied, was 
known as npixvua (Geopon. vi. lb") or jirotmpum 
(Plin. //. A', xiv. 1 1 ), and was reserved for manu- 
facturing a particular species of rich wine described 
by Plinj ( /. 0.) to which the inhabitants of Mytilciie 
gave the name of irpoSpo^im or wpoVpoiriit. (Atlun. 
i. p. .'ill, b., ii. p. 45, e.) That which was obtained 
next. In fore the grapes had been fully trodden, was 
the muslum litiiiuin, and was considered best for 
kei-ping. (fiiippon. vi. Hi ; (!olum. v.i. II.) Att.-r 
the grapes had In rn fully trodden and pressed, the 
mass was taken out, the edges of the husks cut, 
4 il 



1202 



VINUM. 



VINUM. 



and the whole again subjected to the press ; the 
result was the mustum iortivum or circumcisitum 
(Cato, R. R. 23 ; Varr. i. 54 ; Colum. xii. 36), 
which was set apart and used for inferior purposes. 

A portion of the must was used at once, being 
drank fresh after it had been clarified with vinegar. 
(Geopon. vi. 15.) When it was desired to preserve 
a quantity in the sweet state, an amphora was 
taken and coated with pitch within and without ; 
it was filled with mustum lixivium, and corked so 
as to be perfectly air-tight. It was then immersed 
in a tank of cold fresh water or buried in wet sand, 
and allowed to remain for six weeks or two months. 
The contents after this process were found to re- 
main unchanged for a year, and hence the name 
dei yAzvKos, i.e. semper mustum. (Geopon. vi. 16 ; 
Plut. Q. N. 26 ; Cato, R. R. 120 ; Colum. xii. 29 ; 
Plin. H.N. xiv. 11.) A considerable quantity of 
must from the best and oldest vines was inspissated 
by boiling, being then distinguished by the Greeks 
under the general names of eiprj/no or y\v£is ( Athen. 

1. 31, e.), while the Latin writers have various 
terms according to the extent to which the evapo- 
ration was carried. Thus, when the must was re- 
duced to two-thirds of its original volume it became 
carenum (Pallad. Octobr. tit. xviii.), when one-half 
had evaporated, defrutam (Plin. H. N. xiv. 9), when 
two-thirds, sapa (known also by the Greek names 
siraeum and liepsema, Plin. I. c), but these words 
are frequently interchanged. (See Varr. ap. Non. c. 
17, n. 14 ; Colum. xii. 19.) Similar preparations 
are at the present time called in Italy musto colto 
and sapa, and in France sabe. The process was 
carried on in large caldrons of lead (vasa defrutaria), 
iron or bronze being supposed to communicate a 
disagreeable flavour, over a slow fire of chips, on a 
night when there was no moon (Plin. xviii. 74), 
the scum being carefully removed with leaves 
(Plin. I. c. ; Virg. Gcorg. i. 269, iv. 296), and the 
liquid constantly stirred to prevent it from burning. 
(Plin. xxiii. 2 ; Cato, R. R. 105 ; Colum. xii. 19, 
20, 21 ; Pallad. xi. 18 ; Dioscorid. v. 9.) These 
grape-jellies, for they were nothing else, were used 
extensively for giving body to poor wines and mak- 
ing them keep, and entered as ingredients into 
many drinks, such as the burranica potio, so called 
from its red colour, which was formed by mixing 
sapa with milk (Festus, s. v. Burranica ; compare 
Ovid. Fast. iv. 782), and others described here- 
after. 

The whole of the mustum not employed for some 
of the above purposes was conveyed from the lacus 
to the cella vinaria (oiVoStjkt), Tndzwv, Geopon. vi. 

2, 1 2), an apartment on the ground-floor or a little 
below the surface, placed in such a situation as 
to secure a moderate and equable temperature, 
and at a distance from dunghills or other objects 
emitting a strong odour. (Varro, R. R. i. 13 ; 
Geopon. I. c.) Here were the dolia (irldoi), other- 
wise called seriae or cupae, long bell-mouthed 
vessels of earthenware (hooped tubs of wood being 
employed in cold climates only, Plin. xiv. 21) very 
carefully formed of the best clay and lined with a 
coating of pitch (irnrtrtuflecTO, picata), the operation 
(TnWoxris, picatio) being usually performed while 
they were hot from the furnace. They were 
usually sunk (depressa, defossa, demersa) one-half 
or two-thirds in the ground ; to the former depth if 
the wine to be contained was likely to prove strong, 
to the latter if weak, and attention was paid that 
they should repose upon a dry bed. They were 



moreover sprinkled with sea-water, fumigated with 
aromatic plants and rubbed with their ashes, all 
rank smelling substances, such as rotten leather, 
garlic, cheese, and the like, being removed, lest they 
should impart a taint to the wine. (Geopon. vi. 2, 
3, 4 ; Cato, R. R. 23 ; Varro, i. 13 ; Colum. xii. 
18,25 ; Dig. 33. tit. 6. s. 3.) In these dolia the 
process of fermentation took place. They were not 
filled quite full, in order that the scum only might 
boil over, and this was also cleared off at regular 
intervals by skimming, and carried to a distance. 
The fermentation usually lasted for about nine days, 
and as soon as it had subsided and the mustum 
had become vinum, the dolia were closely covered, 
the upper portion of their interior surface as well 
as the lids (opercula doliorum) having been pre- 
viously well rubbed over with a compound of de- 
frutum, saffron, old pitch, mastic, and fir-cones. 
(Geopon. vi. 12 ; Cato, R.R. 107 ; Varro, i. 65; 
Colum. xii. 25, 80.) The opercula were taken off 
about once every thirty-six days, and oftener in hot 
weather, in order to cool and give air to the contents, 
to add any preparation required to preserve them 
sound, and to remove any impurities that might be 
thrown up. Particular attention was paid to the 
peculiar light scum, the auBos olvov {flos vini), 
which frequently appeared on the surface after a 
certain time, since it was supposed to afford indi- 
cations by its colour and consistence of the quality 
of the wine. If red (irop<pvpi£ov), broad, and soft, 
it was a sign that the wine was sound ; if glutinous, 
it was a bad symptom ; if black or yellow, it de- 
noted want of body ; if white, it was a proof that 
the wine would keep well (jx6viixov). Each time 
that the opercula were replaced they were well 
rubbed with fir-cones. (Geopon. vii. 15 ; Colum. 
xii. 38.) [Thyrsus.] 

The commoner sorts of wine were drunk direct 
from the dolium, and hence draught wine was 
called vinum doliare or vinum de cupa (Dig. ] 8. tit. 
6. s. 1. § 4 ; Varr. op. Non. c.2. n. 113), but the finer 
kinds, such as were yielded by choice localities 
and possessed sufficient body to bear keeping, were 
drawn off (diffundere, /j-eTa-yy'ifctv) into amphorae 
or lagenae, many fanciful precautions being ob- 
served in transferring them from the larger to the 
smaller vessel. (Geopon. vii. 5, 6 ; compare Plin. 
xiv. 27.) These amphorae were made of earthen- 
ware, and in later times occasionally of glass ; they 
were stoppered tight by a plug of wood or cork 
(cortex, suber), which was rendered impervious to air 
by being smeared over with pitch, clay, or gypsum. 
On the outside the title of the wine was painted, 
the date of the vintage being marked by the names 
of the consuls then in office, or when the jars were 
of glass, little tickets (pittacia, tesserae) were sus- 
pended from them indicating these particulars. 
(Petron. 34.) The amphorae were then stored up 
in repositories (apotliecae, Colum. i. 6 ; VWn.Ep. ii. 
17 ; horrea, Senec. Ep. 115 ; tabulata, Colum. xii. 
41) completely distinct from the cella vinaria, and 
usually placed in the upper story of the house 
(whence descende, testa, Hor. Carm. iii. 21. 7 ; 
deripere horreo, iii. 28. 7) for a reason explained 
afterwards. 

It is manifest that wines prepared and bottled, 
if we may use the phrase, in the manner described 
above must have contained a great quantity of 
dregs and sediment, and it became absolutely ne- 
cessary to separate these before it was drunk. 
This was sometimes effected by fining with yelks 



VIXUM. 



VIXUM. 



1203 



of eggs, those of pigeons being considered most ap- 
propriate by the fastidious (Hor. Sat ii. 4. 51), or 
with the whites whipped up with salt (Geopon. 
vii. 22), but more commonly by simply straining 
through small cup-like utensils of silver or bronze 
perforated with numerous small holes, and distin- 
guished by the various names vhi<rrqp, rpuyonros, 
\&u6s,columvinurium. (Geopon. vii. 37.) [Colum.] 
Occasionally a piece of linen cloth (ookkos, saccus) 
was placed over the ipvyotiros or colum (Pollux, vi. 
19, x. 75) and the wine (aaxKias, saccatus) filtered 
through. (Martial, viii. 45.) The use of the saccus 
was considered objectionable for all delicate wines, 
since it was believed to injure (Hor. Sat. ii. 4. 51 ) 
if not entirely to destroy their flavour, and in 
every instance to diminish the strength of the 
liquor. For this reason it was employed by the 
dissipated in order that they might be able to 
swallow a greater quantity without becoming in- 
toxicated. (Plin. xiv. 22, compare xxiii. 1, 24, 
xix. 4. 19 ; Cic. ad Fam. ii. 8.) The double pur- 
pose of cooling and weakening was effectually ac- 
complished by placing ice or snow in the filter, 
which under such circumstances became a colum 
nivarium (Martial, xiv. 103) or saccus nivarius 
(xiv. 104). 

The wine procured from the mustum tortivum, 
which was always kept by itself, must have been 
thin and poor enough, but a still inferior beverage 
was made by pouring water upon the husks and 
stalks after they had been fully pressed, allowing 
them to soak, pressing again, and fermenting the 
liquor thus obtained. This, which was given to 
labourers in winter instead of wine, was the Sauna 
or Sturipioi of the Greeks, the lora or vinum ope- 
rarium of the Romans, and according to Varro (ap. 
Non. xvii. 13) was, along with sapa, defrutum, 
and passum, the drink of elderly women. (See 
Athen. r. p. 440.) The Greeks added the 
water in the proportion of \ of the must pre- 
viously drawn off, and then boiled down the 
mixture until \ had evaporated ; the Italians 
added the water in the proportion of ^ of the 
must, and threw in the skimmings of the defru- 
tum and the dregs of the lacus. Another drink of 
the same character was the fuecatum from wine- 
lees, and we hear also of vinum praeliganeum given 
to the vintagers, which appears to have been manu- 
factured from inferior and half-ripe fruit gathered 
before the regular period. (Geopon. vi. 3 ; Cato, 
li. A 23, 57, 153 ; Varro, i. 54 ; Colum. xii. 40 ; 
Plin. xiv. 12.) We find an analogy to the above 
processes in the manufacture of cider, the best 
being obtained from the first squeezing of the apples 
and the worst from the pulp and skins macerated 
in water. 

In all the best wines hitherto described the 
grapes arc supposed to have been gathered as goon 
as they were fully ripe and fermentation to have 
run its full course. Hut a great variety of sweet 
wines were manufactured by checking the fermen- 
tation, or by partially drying the grapes, or by 
converting them completely into raisins. The 
7Auko! olvot of the Geoponic writers (vii. 19) be- 
longs to the first class. Must obtained in the or- 
dinary manner was thrown into the dolia, which 
remained open for three days only and were then 
partially covered for two more ; a small aperture 
was left until the seventh day. wh<-n they were 
luted up. If the wine was wished to be still 
sweeter, the dolia were left open for five days and 



then at once closed. The free admission of air 
being necessary for brisk fermentation, and this 
usually continuing for nine days, it is evident that 
it would proceed weakly and imperfectly under the 
above circumstances. For the Vinum Dulce of 
Columella (xii. 27) the grapes were to be dried in 
the sun for three days after they were gathered, 
and trodden on the fourth during the full fervour 
of the mid-day heat. The mustum lixivium alone 
was to be used, and after the fermentation was 
finished an ounce of well-kneaded iris-root was 
added to each 50 sextarii ; the wine was racked off 
from the lees, and was found to be sweet, sound, 
and wholesome. (Colum. /. c.) For the Vinum 
Diachylum, more luscious still, the grapes were ex- 
posed to the sun for seven davs upon hurdles. 
(Plin.//: X. xiv. 11.) 

Lastly, 1'ussum or ruL-in-icinc was made from 
grapes dried in the sun until they had lost half their 
weight, or they were plunged into boiling oil, which 
produced a similar effect, or the bunches after they 
were ripe were allowed to hang for some weeks 
upon the vine, the stalks being twisted or an inci- 
sion made into the pith of the bearing shoot so as 
to put a stop to vegetation. The stalks and stones 
were removed, the raisins were steeped in must or 
good wine, and then trodden or subjected to the 
gentle action of the press. The quantity of juice 
which flowed forth was measured, and an equal 
quantity of water added to the pulpy residuum, 
which was again pressed and the product employed 
for an inferior possum called secundarium , an ex- 
pression exactly analogous to the 5e\rripios mention- 
ed above. The passum of Crete was most prized 
(Mart. xiii. 10G ; Juv. xiv. 270), and next in rank 
were those of Cilicia, Africa, Italy, and the neigh- 
bouring provinces. The kinds known as Paythium 
and Mclampsylhium possessed the peculiar flavour 
of the grape and not that of wine, the Scybillitcs 
from Galatia and the Ilulunhum from Sicily in like 
manner tasted like must. The grapes most suitable 
for passum were those which ripened early, espe- 
cially the varieties Apianu (called by the Greeks 
Sticha), Scirpula and I'sithia. (Geopon. vii. 1 8 ; 
Colum. xii. 39 ; Plin. //. N. xiv. 1 1 ; Virg. Gcorg. 
5. 93.) 

The Greeks recognized three colours in wines: 
red (/ie\as), white, i.e. pale, 6traw-colour (AeuKiis), 
and brown or amber-coloured (tu^pis). (Athen. i. 
p. 32, c.) Pliny distinguishes four: alius answer- 
ing to \(vkos,/uIvus to Hippos, while /i4\as is sub- 
divided into sanguineus and niycr, the former 
being doubtless applied to bright glowing wines 
like Tent and llurgundy, while the niyer or uter 
(PlauL McnaecJi. v. (i. 17) would resemble Port. 
In the ordinary Greek authors the epithet ipv0p6s 
is as common as fttAas, and will represent the 
sanguineus. 

We have seen that wine intended for keeping 
was racked off from the dolia into amphorae. 
When it was necessary in the first instance to 
transport it from one place to another, or when 
carried by travellers on a journey, it was contained 
in bags made of goat-skin (daKol, utrrs) well 
pitched over so as to make the scams perfectly 
tight. The cut below, from a bronze found at 
Urn ulani-uin (Mus. llnrlion. vol. iii. tav. 28), 
exhibits a Silenui astride upon one of them. 
When the quantity was large a number of hides 
were sewed together, and the leathern tun thus 
constructed carried from place to place in a cart, as 
4 11 2 



1204 



VINUM. 



VINUM. 



shown in the illustration on page 90. (Compare 
Lucian, Lex. 6.) 




Among the ancients recourse was had to va- 
rious devices for preventing or correcting acidity, 
heightening the flavour, and increasing the dura- 
bility of the inferior kinds of wine. This subject 
was reduced to a regular system by the Greeks : 
Pliny mentions four authors who had written for- 
mal treatises, and the authors of the Geoponic col- 
lection, together with Cato, Varro, and Columella, 
supply a multitude of precepts upon the same 
topic. The object in view was accomplished some- 
times by merely mixing different kinds of wine 
together, but more frequently by throwing into 
the dolia or amphorae various condiments, or sea- 
sonings (dpTi/creis, medicamina,condiiurae). When 
two wines were mixed together those were selected 
which possessed opposite good qualities and defects. 
(Athen. i. p. 32. 6.) 

The principal substances employed as eonditurae 
were, 1. sea- water ; 2. turpentine, either pure, or 
in the form of pitch (pix), tar {pix liquida), or 
resin (resina). 3. Lime, in the form of gypsum, 
burnt marble, or calcined shells. 4. Inspissated 
must. 5. Aromatic herbs, spices, and gums ; and 
these were used either singly, or cooked up into a 
great variety of complicated confections. 

We have already seen that it was customary to 
line the interior of both the dolia and the amphorae 
with a coating of pitch ; but besides this it was 
common to add this substance, or resin, in powder, 
to the must during the fermentation, from a con- 
viction that it not only rendered the wine more 
full-bodied, but also communicated an agreeable 
bouquet, together with a certain degree of raciness 
or piquancy. (Plin. N. H. xiv. 25 ; Plutarch, 
Symp. v. 3.) Wine of this sort, however, when 
new (novitium resinatum) was accounted unwhole- 
some and apt to induce headach and giddiness. 
From this circumstance it was denominated crapula, 
and was itself found to be serviceable in checking 
the fermentation of the must when too violent. 

It must be remembered, that when the vinous 
fermentation is not well regulated, it is apt to be 



renewed, in which case a fresh chemical change 
takes place, and the wine is converted into vinegar 
(ofos, acetum), and this acid, again, if exposed tc 
the air, loses its properties and becomes perfectly 
insipid, in which form it was called vappa by the 
Romans, who used the word figuratively for a 
worthless blockhead. 

Now the great majority of inferior wines, being 
thin and watery, and containing little alcohol, 
are constantly liable to undergo these changes, 
and hence the disposition to acescence was closely 
watched and combated as far as possible. With 
this view those substances were thrown into the 
dolia, which it was known would neutralize any 
acid which might be formed, such as vegetable 
ashes, which contain an alkali, gypsum, and pure 
lime, besides which we find a long list of articles, 
which must be regarded as preventives rather 
than correctives, such as the various preparations 
of turpentine already noticed, almonds, raisins 
steeped in must, parched salt, goats' milk, cedar- 
cones, gall-nuts, blazing pine-torches, or red-hot 
irons quenched in the liquid, and a multitude of 
others. (Geopon. vii. 12, 15, 16, &c.) But in ad- 
dition to these, which are all harmless, we find 
some traces of the use of the highly poisonous 
salts of lead for the same purpose (Geopon. vii. 19), 
a practice which produced the most fatal conse- 
quences in the middle ages, and was prohibited by 
a series of the most stringent enactments. (See 
Beckmann's History of Inventions, vol. i. p. 396, 
Trans.) 

Defrutum also was employed to a great extent ; 
but being itself liable to turn sour, it was not used 
until its soundness had been tested by keeping it 
for a year. It was then introduced, either in its 
simple state, in the proportion of a sextarius to the 
amphora, that is, of 1 to 48, or it was combined 
with a great variety of aromatics, according to a 
prescription furnished by Columella (xii. 20). In 
this receipt, and others of the same kind, the 
various herbs were intended to give additional 
efficacy to the nourishing powers of the defrutum, 
and great pains were taken to prevent them from 
affecting the taste of the wine. But from a very 
early period it was customary to flavour wines 
highly by a large admixture of perfumes, plants, 
and spices. We find a spiced drink («£ dpa>naTwv 
KaTao-Keva^onevos) noticed under the name of 
rpi/j-na by Athenaeus and the writers of the new 
comedy (Athen. i. p. 31, e. ; Pollux, vi. 18), and 
for the whole class Pliny has the general term 
aromatites (xiv. 19. § 5). 

There was another and very numerous family 
of wines, entitled olvoi vyteivol, into which drugs 
were introduced to produce medicinal effects. Such 
were vinum marrubii (horehound) for coughs, the 
scillites (squill-wine), to assist digestion, promote 
expectoration, and act as a general tonic, absinthites 
(wine of wormwood), corresponding to the modern 
vermuth, and above all the myrtites (myrtle-berry- 
wine), which possessed innumerable virtues. (Co- 
lumell. 32, 39 ; Geopon. viii. 1, &c.) 

Pliny, under the head of vina fictitia, includes 
not only the ohoi vyieivoi, but a vast number of 
others bearing a strong analogy to our British 
home-made wines, such as cowslip, ginger, elder- 
berry, and the like ; and as we manufacture 
Champagne out of gooseberries, so the Italians 
had their imitations of the costly vintages of the 
most favoured Asiatic isles. These vina fictitia 



VIXUM. 



VIXU.M. 



1-205 



were, as may be imagined, almost countless, every 
variety of fruit, flower, vegetable, shrub, and per- 
fume being put in requisition : figs, cornels, medlars, 
roses, asparagus, parsley, radishes, laurels, junipers, 
cassia, cinnamon, saffron, nard, malobathrum, afford 
but a small sample. It must be remarked, that 
there was one material difference between the 
method followed by the Greeks and that adopted 
by the Romans in cooking these potions. The 
former included the drug, or whatever it might be, 
in a bag, which was suspended in a jar of wine, 
and allowed to remain as long as was thought 
necessary ; the latter mixed the flavouring in- 
gredient with the sweet must, and fermented them 
together, thus obtaining a much more powerful 
extract ; and this is the plan pursued for British 
wines, except that we are obliged to substitute 
sugar and water for grape-juice. (Geopon. viii. 
32, 33, 34; Plin. H. N. xiv. 19; Colum. II. cc; 
Cato, R. R. 114, 115.) 

But not only were spices, fragrant roots, leaves, 
and gums, steeped in wine or incorporated during 
fermentation, but even the precious perfumed 
essential oils (unguenta) were mixed with it before 
it was drunk. The Greeks were exceedingly par- 
tial to this kind of drink. (Aelian, V. H. xii. 31.) 
We also learn from Aelian (I.e.) that it was named 
Hvfipivlrjis , which seems to be the same with the 
livfp"nn)t of Foseidippus (Athcn. i. p. 32, b.), the 
fivty'imi of Hesychius, the uvpivris of Pollux (vi. 2), 
and the murrhina of Plautus (Pseudol. ii. 4. 50 ; 
compare nardini amphoram, Miles GL iii. 2. 1 1 ; 
Festus, s. v. Afurratct polio and Murrina ). The 
Romans were not slow to follow the example set 
them, valuing bitterness so highly, 6ays Pliny (//. 
JV. xiii. 5), that they were resolved to enjoy costly 
perfumes with two senses, and hence the expres- 
sions "foliata siiis " in Martial (xiv. 1 1 0) and 
" per/usa mero tpumant unguenta Falerno" in 
Juvenal (vi. 303). 

In a more primitive age we detect the same 
fondness for the admixture of something extraneous. 
Hecamedc, when preparing a draught for Xestor, 
fills his cup with Pramnian wine, over which she 
grates goat-milk cheese and sprinkles the whole 
with flour (//. xi. 638), the latter being a common 
addition at a much later epoch. (Athen. x. p. 432.) 
So also the draught administered by Circe con- 
sisted of wine, cheese, and honey ; and according 
to Theophrastus (Athen. i. p. 32, a.) the wine 
drunk in the prytaneum of the Thasians was ren- 
dered delicious by their throwing into the jar 
which contained it a cake of wheatcn flour kneaded 
up with honey. (Compare Plat. Syinp. i. 1. 4.) 

This leads us on to notice the most generally 
popular of all these compound beverages, the oivoutKi 
of the Greeks, the mulsum of the Romans. This 
was of two kinds ; in the one honey was mixed 
with wine, in the other with must. The former 
was said to have been invented by the legendary 
hero Aristacua, the first cultivator of bees (Plin. 
xiv. 4), and was considered most perfect and 
palatable when made of some old rough (austerum) 
wine, such as Massic or Falcrnian (although 
Horace objects to the latter for this purpose. Sat. 
ii. 4. 24), and new Attic honey. (Mart. IT. IS, 
xiii. 108; Dioscor. v. 16'; Macrob. Sat. vii. 12.) 
Tho proportions as stated in the (ieoponic collec- 
tion were four, by measure, of wine to one of 
honey, and various spices and perfumes, such as 
myrrh, cassia, costum, malobathrum, nard, and 



pepper, might be added. The second kind, the 
oenomelum of Isidorus (Orig. xx. 3. § 11), accord- 
ing to the Greek authorities (Geopon. viii. 26), was 
made of must evaporated to one half of its original 
bulk, Attic honey being added in the proportion of 
one to ten. This, therefore, was merely a very 
rich fruit syrup in no way allied to wine. The 

: virtues of mulsum are detailed by Pliny (//. A r . 
xxii. 4 ; compare Geopon. /. c); it was considered 
the most appropriate draught upon an empty 
stomach, and was therefore swallowed immediately 
before the regular business of a repast began (Hor. 

I Sat. ii. 4. 25; Senec. Ep. 122), and hence the 
whet (gustatio) coming before the cup of mulsum 
was called the promulsis. (Cic. ad. Fam. ix. 16 
and 20.) We infer from Plautus (Baech. iv. 9. 
149; compare Liv. xxxviii. 55) that mulsum was 

! given at a triumph by the Imperator to his soldiers. 
Mulsum (sc. vinum) or oiVojueAi is perfectly dis- 
tinct from mulsa (sc. aqua). The latter, or mead, 
being made of honey and water mixed and fer- 
mented, is the fieXlicpaTOV or vSpopfKi of the 
Greeks (Geopon. viii. 28; Dioscorid. v. 9; Isidor. 
Orig. xx. 3. § 10 ; Plin. //. N. xiv. 20), although 
Pollux confounds (vi. 2) ueK'txpaTov with olv6u.e\i. 
Again, vSpofiykov (Geopon. viii. 27) or hgdromelum 
( I sidor. Orig. xx. 3. § 11) was cider ; 6£vue\t 
(Plin. //. iV. xiv. 20) was a compound of vinegar, 
honey, salt, and pure water, boiled together and 
kept for a long time ; poSoufKi was a mere confec- 
tion of expressed juice of rose-leaves and honey. 
(Geopon. viii. 29.) 

The ancients considered old wine not only more 
grateful to the palate but also more wholesome 
and invigorating (Athen. i. p. 26, a. ; ii. p. 36, 
e.), and curiously enough, Pliny supposes that it 
grew more strong and fiery by age in consequence 
of the dissipation of the watery particles (//. .V. 
vii. 3). Generally speaking the Greek wines do 
not seem to have required a long time to ripen. 
Xestor in the Odyssee, indeed, drinks wine ten 
years old (iii. 391), and wine kept for sixteen 
years is incidentally mentioned by Atlienaeus (xiii. 

j>. 584, b) ; but the connoisseurs under the Empire 
pronounced that all transmarine wines arrived at a 
moderate degree of maturity (ad vitustatcm medium) 
in six or seven. (Plin. xiv. 10.) Many of the 
Italian varieties, however, as we shall see below, 
required to be kept for twenty or twenty-five years 
before they were drinkable (which is now consi- 
dered ample for our strongest ports), and even the 
humble growths of Sabinum were stored up for 
from four to fifteen. (Hor. Carm. i. 9. 7 ; Athen. 
i. p. 276.) Hence it became a matter of import- 
ance to hasten, if possible, the natural process. 
This was attempted in various ways, sometimes by 
elaborate condiments (Geopon. vii. 24), sometimes 
by sinking vessels containing the must in the sea, 
by which an artificial mellowness was induced 
(prarrm <■• />,././, ), mid the wine in consequence 
termed Qultusitrs ( Plin. //. A', xiv. 1 0) ; but more 
usually by the application of heat. (Plut. Si/mp. v. 
3.) Thus it was customary to expose the am- 
phorae for some years to the full fervour of the 
tun's rays, or to construct the npnthfrae in such a 
manner as to be exposed to the hot air and smoke 
of the bath-furnaces (Colum. i. 6), and hence the 
name funvimt applied to such apartments, and the 
phrases fumnsns, fumum Ijittrrr, fuligine testae in 
reference to the wines. (Tibull. ii. 1. 26 ; Hor. 
Carm. iii. 8. 9 ; Juv. v. 35.) If the operation wns 
I ii 8 



1206 



VINUM. 



VI NUM. 



not conducted with care, and the amphorae not 
stoppered down perfectly tight, a disagreeable 
effect would be produced on the contents, and it is 
in consequence of such carelessness that Martial 
pours forth his maledictions on the fumaria of 
Marseilles (x. 36, iii. 82, xii. 123). 

The year B. c. 1 2 1 is said to have been a season 
singularly favourable to all the productions of the 
earth ; from the great heat of the autumn the wine 
was of an unprecedented quality, and remained 
long celebrated as the Vinum Opimianum, from 
L. Opimius the consul of that year, who slew 
C. Gracchus. A great quantity had been 
treasured up and sedulously preserved, so that 
samples were still in existence in the days of the 
cider Pliny, nearly two hundred years afterwards. 
It was reduced, he says, to the consistence of 
rough honey, and, like other very old wines, so 
strong and harsh and bitter as to be undrinkable 
until largely diluted with water. Such wines, 
however, he adds, were useful for flavouring others 
when mixed in small quantities. 

Our most direct information with regard to the 
price of common wine in Italy is derived from 
Columella (iii. 3. § 12), who reckons that the 
lowest market price of the most ordinary quality 
was 300 sesterces for '10 urnae, that is IS sesterces 
for the amphora, or Gd. a gallon nearly. At a 
much earlier date, the triumph of L. Metellus 
during the first Punic war (b. c. 250), wine was 
sold at the rate of 3 asses the amphora (Varro, ap. 
Plin. H. N. xviii. 4), and in the year b. c. 89 the 
censors P. Licinius Crassus and L. Julius Caesar 
issued a proclamation that no one should sell 
Greek and Aminean wine at so high a rate as 8 
asses the amphora ; but this was probably intended 
as a prohibition to their being sold at all, in order 
to check the taste then beginning to display itself 
for foreign luxuries, for we find that at the same 
time they positively forbade the use of exotic 
unguents. (Plin. H. N. xiv. 16, xiii. 3.) 

The price of native wine at Athens was four 
drachmas for the metretes, that is about 4hd. the 
gallon, when necessaries were dear, and Bbckh con- 
siders that we may assume one half of this sum as 
the average of cheaper times. In fact, we find in 
an agreement in Demosthenes (In Lacrit. p. 928) 
300 casks (/cepacia) of Mendaean wine, which we 
know was used at the most sumptuous Macedonian 
entertainments ( Athen. iv. p. 129, d.), valued at 
600 drachmas, which gives two drachmas for the 
metretes, or little more than '2d. a gallon ; but still 
more astonishing is the marvellous cheapness of 
Lusitanian wine, of which more than ten gallons 
were sold for 3a!. On the other hand high prices 
were given freely for the varieties held in esteem, 
since, as early as the time of Socrates, a metretes 
of Chian sold for a mina. (Plut. de Aram. Tran- 
quill. 10 ; Bdckh, Publ. Econ. of Ailiens, vol. i. p. 
133, 1st ed.) 

With respect to the way in which wine was 
drunk, and the customs observed by the Greeks 
and Romans at their drinking entertainments, the 
reader is referred to the article Symposium. 

It now remains for us to name the most esteemed 
wines, and to point out their localities ; but our 
limits will allow us to enumerate none but the 
most celebrated. As far as those of Greece are 
concerned, our information is scanty ; since in the 
older writers we find but a small number defined 
by specific appellations, the general term olvos 



usually standing alone without any distinguishing 
epithet. The wine of most early celebrity was 
that which the minister of Apollo, Maron, who 
dwelt upon the skirts of Thracian Ismarus, gave to 
Ulysses. It was red (epv6p6v), and honey-sweet 
(^leAnjSe'a), so precious, that it was unknown to all 
in the mansion, save the wife of the priest and one 
trusty housekeeper ; so strong, that a single cup 
was mingled with twenty of water ; so fragrant, 
that even when thus diluted it diffused a divine 
and most tempting perfume. (Od. ix. 203.) Pliny 
(H. N. xiv. 6) asserts that wine endowed with 
similar noble properties was produced in the same 
region in his own day. Homer mentions also more 
than once (II. xi. 638, Od. x. 234) Pramnian wine 
(olvos Tlpanveios), an epithet which is variously 
interpreted by certain different writers. (Athen. i. 
p. 28, f.) In after times a wine bearing the same 
name was produced in the island of Icaria, around 
the hill village of Latorea, in the vicinity of Ephe- 
sus, in the neighbourhood of Smyrna near the 
shrine of Cybele, and in Lesbos. (Athen. i. p. 30, c. 
&c. ; Plin. xiv. 6.) The Pramnian of Icaria is 
characterized by Eparchides as dry (o-KA-qp&s), 
harsh (aucrTijpo's), astringent and remarkably strong, 
qualities which, according to Aristophanes, ren- 
dered it particularly unpalatable to the Athenians. 
(Athen. i. p. 30, c.) 

But the wines of greatest renown during the 
brilliant period of Grecian history and after the 
Roman conquest were grown in the islands of 
Thasos, Lesbos, Chios and Cos, and in a few fa- 
voured spots on the opposite coast of Asia (Strabo, 
xiv. p. 637), such as the slopes of Mount Tmolus, 
the ridge which separates the valley of the Hermus 
from that of the Cayster (Plin. v. 29 ; Virg. Georg. 
ii. 97 ; Ovid. Met. vi. 15), Mount Messogis, which 
divides the tributaries of the Cayster from those of 
the Maeander (Strabo, xiv. p. 650), the volcanic 
region of the Catacecaumene (Vitruv. iii. 3) which 
still retains its fame (Keppell's Travels, ii. p. 355), 
the environs of Ephesus (Dioscorid. v. 12), of Cni- 
dus (Athen. i. p. 29, a.), of Miletus (Athen. I. c), 
and of Clazomenae. (Plin. xiv. 9.) Among these 
the first place seems to have been by general con- 
sent conceded to the Chian, of which the most de- 
licious varieties were brought from the heights of 
Ariusium, in the central parts (Virg. Eel. v. 71 ; 
Plin. H. N. xiv. 7 ; Silius, vii. 210), and from the 
promontory of Phanae at the southern extremity of 
the island. (Virg. Georg. ii. 97.) The Tkasian and 
Lesbian occupied the second place, and the Coan dis- 
puted the palm with them. ( Athen. i. pp. 28, 29, &c.) 
In Lesbos the most highly prized vineyards were 
around Mytilene (Athen. i. p. 30, b., iii. p. 86, e. ; 
p. 92, d.), and Methymna. (Athen. viii. p. 363, b. ; 
Pausan. x. 19 ; Virg. Georg. ii. 89 ; Ovid. Ar. Am. 
i. 57.) Pliny (xiv. 9), who gives the preference 
over all others to the Clazomenian, says that the 
Lesbian had naturally a taste of salt water, while 
the epithet " innocens," applied by Horace, seems 
to point out that it was light and wholesome. 

It may here be observed that there is no foun- 
dation whatever for the remark that the finest 
Greek wines, especially the products of the islands 
in the Aegean and Ionian seas, belonged for the 
most part to the luscious sweet class. The very 
reverse is proved by the epithets avo-rripos, aKXri- 
pos, \sttt6s, and the like, applied to a great num- 
ber, while y\vKis and yAvtcdfav are designations 
comparatively rare, except in the vague language 



VINUM. 



V I N I'M. 



12 U7 



of poetry. K Vinum ornne dulce minus odoraturn" 
says Pliny (H. N, xiv. 11), and the ancients ap- 
pear to have been fully sensible that sweet wines 
could not be swallowed either with pleasure or 
safety, except in small quantities. The mistake 
has arisen from not perceiving that the expressions 
olvos yKvxvs and olvos i\5vs are by no means ne- 
cessarily synonymous. The former signifies wine 
positively sweet, the latter wine agreeable to the 
taste from the absence of acidity, in most cases in- 
dicating nothing more than sound rcine. 

It is well known that all the most noble Italian 
wines, with a very few exceptions, were derived 
from Latium and Campania, and for the most part 
grew within a short distance of the 6ea. " The 
whole of these places," says Strabo (v. p. 234), 
when describing this coast, " yield excellent wine ; 
among the most celebrated are the Caecuban, the 
Fundariian, the Setinian, and so also are the Fa- 
lernian, the Alban, and the Statinian." But the 
classification adopted by Pliny (xiv. 6) will prove 
our best guide, and this we shall follow to a certain 
extent. 

In the first rank, then, we must place the Se- 
linum which fairly deserves the title of Imperial, 
since it was the chosen beverage of Augustus and 
most of his courtiers. It grew upon the hills of 
Setia, above Forum Appii, looking down upon the 
Pomptine marshes. (Pendula Pomptinos quae spec- 
ial Setia campos, Mart. xiii. 112; 6ee also vi. 86, 
ix. 3, x. 74, xiii. 112; Juv. v. 34 ; Silius, viii. 
378 ; Plin. H. N. I. c) Before the nge of Augustus 
the Caecubum was the most prized of all. It grew 
in the poplar swamps bordering on the gulf of 
Amyclae, close to Fundi. (Mart.xiii.il').) In the 
time of Pliny its reputation was entirely gone, 
partly in consequence of the carelessness of the 
cultivators, and partly from its proper soil, origin- 
ally a very limited space, having been cut up by 
the canal of Nero extending from Baiae to Ostia. 
Galen (Athen. i. p. 27, a.) represents it as gene- 
rous, full bodied and heady, not arriving at maturity 
until it had been kept for many years. (Plin. I.e.; 
Strabo, v. p. 231 ; Mart. xiii. 1 15 ; H'jr. Curm. i. 
20. 9, iii. 23. 2, &c) 

The second rank was occupied by the Fa/crnum, 
of which the Faustianum was the most choice va- 
riety, having gained its character from the care 
and skill exercised in the cultivation of the vines ; 
but when Pliny wrote, it was beginning to fall in 
public estimation, in consequence of the growers 
beiug more solicitous about quantity than quality, 
juat as was the case with Madeira a few years 
ago. The Falernus ager, concerning the precise 
limits of which there have been many controver- 
sies, commenced at the Pons Campanus, on the 
left hand of those journeying towards the Urbana 
Colonia of Sulla, the Faustianus aijer at a village 
about six miles from Sinuessa, so that the whole 
district in question may be regarded .is stretching 
from the Massic hills to the river Vultumus. Fa- 
lemian became fit for drinking in ten years, and 
might be used when twenty years old, but when 
kept longer gave headachs, and proved injurious 
to the nervous system. Pliny distinguishes three 
kind, the rough (austrrum), the sweet (dulce), and 
the thin (tenue). Galen (up. Allien, i. p. 26, c.) 
two only, the rough (avm-npit) and the sweetish 
(yXvuafav). When the south wind prevailed 
during the season of the vintage the wine was 
sweetish and darker in colour (niKaintpoi), but if 



the grapes were gathered during weather of a dif- 
ferent description, it was rough and tawny or 
amber-coloured (ki(5/5oj). The ordinary appear- 
ance of Falernian, which has been made a theme 
of considerable discussion, seems to be determined 
by a passage in Pliny [H. A r . xxxvii. 12), in which 
we are informed that the finest amber was named 
Falerna. Others arranged the varieties differ- 
ently ; that which grew upon the hill tops they 
called Caucinum, that on the middle slopes Faus 
tianum, that on the plain Falernum. (Plin. /. c 
and xxiii. 21 ; Athen. i. p. 26, c. ; Hor. Carm. 
i. 20. 10 ; Prop. iv. 6 ; Martial, ix. 95 ; Silius, vii. 
159.) 

In the third rank was the Albanum, from the 
Mons Albanus (Mons J ulcus. Mart xiii. 109). of 
various kinds, very sweet (praedulce), sweetish 
(yXvicdfav), rough (Plin. xxiii. 21), and sharp 
(oH<paKias) ; it was invigorating (nereis utile), and 
in perfection after being kept for fifteen years. 
(Plin. II. cc. ; Mart. xiii. 109 ; Hor. Sat. ii. 8. 14 ; 
Juv. v. 33 ; Athen. L p. 26, d.) Here too we place 
the Surrentiiium, from the promontory forming the 
southern horn of the bay of Naples, which was 
not drinkable until it had been kept for five-and- 
twenty years, for being destitute of richness ( dAi- 
tf/is) and very dry (^acpapos), it required a long 
time to ripen, but was 6trongly recommended to 
convalescents, on account of its thinness and whole- 
someness. Galen, however, was of opinion that 
it agreed with those only who were accustomed to 
use it constantly ; Tiberius was wont to say that 
the physicians had conspired to dignify what was 
only generous vinegar ; while his successor, Caligula, 
styled it nobilis vaj-pa. (Plin. II. cc ; Athen. /. c.) 
Of equal reputation were the Massicum, from the 
hills which formed the boundary between Latium 
and Campania, although somewhat harsh, as would 
seem, from the precautions recommended by the 
epicure in Horace (Sat. ii. 4. 51 : compare Carm. i. 
1. 19, i. 7. 21, iii. 21 ; Mart. xiii. Ill; Silius, 
vii. 207), and the (lairanum, from the ridge above 
Baiae and Puteoli, produced in small quantity, but 

.of very high quality, full bodied («uto>oj) and 
thick "(irdxvs). (Athen. I.e. ; Plin. //. A r . iii. 5 ; 
Flor. iii. 5.) In the same class arc to be included 
the Calenum from Cales, and the Fundanum from 
Fundi. Both had formerly held a higher place, 
"but vineyards," moralizes Pliny, '"as well as 
states, have their periods of rise, of glory, and of 
fall." The Calcnum was light («ou(f>os), and bet- 
ter for the stomach than Falernian ; the Funda- 
num was full bodied ( tirov os) and nourishing, but 
apt to attack both stomach and head ; therefore 
little sought after at banquets. (Strabo, v. p. 234 ; 
Athen. i. p. 27, a. ; Hor. Carm. i. 31. 9 ; Juv. i. 
69 ; Mart. x. 35, xiii. 113.) This list is closed 
by the Velilerninum, J'rivernatinum, and Siipiimim, 
from Velitrao, Privernum, nnd Signia, towns on 
the Volscian hills ; the tint was a sound wine, 
but had this peculiarity, that it always tasted as if 
mixed with some foreign substance ; the second 
was thin and pleasant ; the last was looki'd upon 
only in the light of a medicine, valuable for its 
astringent qualities. (Athen. i. p. 27, b. ; Plin. I.e.; 
Mart. xiii. 116.) We may safely bring in one 
more, the Formianum, from the gulf of Caieta 
(lAirttryijonia Jlarclnu in amphora, Hor. ('arm. iii. 
16. 34), associated by Horace with the Carculiaii, 
Falernian, ami ('airman (Hor. ('arm. i. 20, iii. 

I 16), and compared bv Gnlen (up. Atlicn. i. p. 20, 
4 II 4 



1208 



VINUM. 



VINUM. 



e.) to the Privernatinum and Rhegimim, but richer 
(Aiwaparepos), and ripening quickly. 

The fourth rank contained the Mamertinum, 
from the neighbourhood of Messana, first brought 
into fashion by Julius Caesar. The finest, called 
Potalanum {'laraKivos, Athen. i. p. 27, d.), from 
the fields nearest to the main land, was sound 
(rj8i)s), light, and at the same time not without 
body. The Tauromenitanum was frequently sub- 
stituted fraudulently for the Mamertinum, which it 
resembled. (Athen. i. p. 27, d. ; Plin. I. c.) 

Of the wines in Southern Gaul, that of Baeter- 
rae alone bore a high character. The rest were 
looked upon with suspicion, in consequence of the 
notorious frauds of the dealers in the Province, who 
carried on the business of adulteration to a great 
extent, and did not scruple to have recourse to 
noxious drugs. Among other things, it was known 
that they purchased aloes, to heighten the flavour 
and improve the colour of their merchandise, and 
conducted the process of artificial ripening so un- 
skilfully, as to impart a taste of smoke, which 
called forth, as we have seen above, the maledic- 
tion of Martial on the fumaria of Marseilles. (Plin. 
H. N. xiv. 8. § 5.) 

The produce of the Balearic isles was compared 
to the first growths of Italy, and the same praise 
was shared by the vineyards of Tarraco and Law- 
ron, while those of the Laletani were not so much 
famed for the quality as for the abundance of their 
supply. (Plin. H. N. xiv. 8. § 6 ; Mart. xiii. 118 ; 
Silius, iii. 370.) 

Returning to the East, several districts of Pon- 
tus, Paphlagonia, and Bithynia, Lampsacus on the 
Hellespont, Telmessus in Caria, Cyprus, Tripolis, 
Berytus, and Tyre, all claimed distinction, and 
above all the Chalybonimn, originally from Beroea, 
but afterwards grown in the neighbourhood of Da- 
mascus also, was the chosen and only drink of the 
Great King (Plin. H. N. xiv. 9 ; Geopon. v. 2 ; 
Athen. i. p. 28, d.), to which we may join the 
Babylonium, called nectar by Chaereus (Athen. i. 
p. 29, f.), and the Bv§\ivos from Phoenicia, which 
found many admirers. (Athen. i. p. 29, b.) The 
last is spoken of elsewhere as Thracian, or Grecian, 
or Sicilian, which may have arisen from the same 
grape having been disseminated through these 
countries. (Compare Herod, ii. 35 ; Athen. i. p. 
31, a.) 

Passing on, in the last place, to Egypt, where, 
according to Hellanicus, the vine was first dis- 
covered, the UTareoticum, from near Alexandria, de- 
mands our attention. It is highly extolled by 
Athenaeus, being white, sweet, fragrant, light 
(Ae7rT<!s), circulating quickly through the frame, 
and not flying to the head ; but superior even to 
this was the Taenioticum, so named from a long 
narrow sandy ridge (jaivia) near the western ex- 
tremity of the Delta ; it was aromatic, slightly 
astringent, and of an oily consistency, which dis- 
appeared when it was mixed with water : besides 
these we hear of the Sebennyticum, and the wine of 
Antylla, a town not far from Alexandria. Ad- 
vancing up the valley, the wine of the Thebais, 
and especially of Coptos, was so thin and easily 
thrown off that it could be given without injury to 
fever patients ; and ascending through Nubia, to 
the confluence of the Nile with the Astapus, we 
reach Mero'e, whose wine has been immortalized 
by Lucan. (Athen. i. p. 33, f. ; Strab. xvii. p. 799 ; 
Hor. Carm. i. 37. 10 ; Virg. Georg. ii. 91 ; Lucan, 



x. 161 ; Plin. H.N. xiv. 9.) Martial appears to 
have held them all very cheap, since he pronounces 
the vinegar of Egypt better than its wine. (xiii. 
112.) 

We read of several wines which received their 
designation, not from the region to which they be- 
longed, but from the particular kind of grape from 
which they were made, or from some circumstance 
connected with their history or qualities. Names 
belonging to the former class were in all likelihood 
bestowed before the most favoured districts were 
generally known, and before the effects produced 
upon the vine, by change of soil and climate, had 
been accurately observed and studied. After these 
matters were better understood, habit and mercan- 
tile usage would tend to perpetuate the ancient 
appellation. Thus, down to a late period, we hear 
of the Amineum (' Afavaios oivos, Hesych.), from 
the Aminea Vitis, which held the first place among 
vines, and embraced many varieties, carefully dis- 
criminated and cultivated according to different 
methods. ( Plin. H. N. xiv. 4. § 1 ; Cato, R. R. 
6 and 7 ; Colum. iii. 2. § 7 ; 9. § 3.) It was of 
Grecian origin, having been conveyed by a Thes- 
salian tribe to Italy (a story which would seem 
to refer to some Pelasgian migration), and reared 
chiefly in Campania around Naples, and in the 
Falernus ager. Its characteristic excellence was 
the great body and consequent durability of its 
wine. (Firmissima vina, Virg. Georg. ii. 97 ; Galen, 
Meih. med. xii. 4 ; Geopon. viii. 22 ; Cels. iv. 2 ; 
Macrob. ii. 16; Auson. Ep. xviii. 32 ; Seren. 
Samm. xxix. 544.) So, in like manner, the tpiBios 
olvos (Athen. i. p. 28, f.), from the <j/i0i'a a/tweAos 
(Colum. iii. 2. § 24), which Virgil tells us (Georg. 
ii. 93) was particularly suitable for passum, and 
the Ka-wyias (smoke-wine) of Plato the comic poet 
(Athen. i. p. 31, e.), prepared in greatest perfec- 
tion near Beneventum, from the kAkvzos ap-ireAos, 
so named in consequence of the clusters being 
neither white nor black, but of an intermediate 
dusky or smoky hue. (Theophr. H. P. ii. 4, C. P. 
v. 3 ; Aristot. de Gener. iv. 4 ; Plin. H. N. xiv. 4. 
§ 7 ; compare xxxvi. 36, on the gem Capnias.) 

On the other hand, the Sairp'tas, on whose di- 
vine fragrance Hermippus descants in such glow- 
ing language (Athen. i. p. 29, e.), is simply some 
rich wine of great age, "toothless, and sere, and 
wondrous old." (dSoVras ovk ex w!/ i ffiv oairpbs . . . 
■yepwv ye Sai/xofias, Athen. x. p. 441, d. ; see 
Eustath. ad Horn. Od. ii. 340 ; Casaub. ad Allien. 
i. p. 29.) The origin of the title dvdoo'fi'ias is some- 
what more doubtful : some will have it to denote 
wine from a sweet-smelling spot (Suid. s.v.) ; others 
more reasonably refer it to the " bouquet " of the 
wine itself (Hes}'ch. s. v.) ; according to Phanias of 
Eresus, in one passage, it was a compound, formed 
by adding one part of sea-water to fifty of must, 
although, in another place, he seems to say, that it 
was wine obtained from grapes gathered before they 
were ripe, in which case it might resemble Cham- 
pagne. (Athen. i. p. 32, a. ; compare p. 462, e.) 

Those who desire more minute details upon this 
very extensive subject may consult the Geoponic 
Collection, books iii. to viii. inclusive ; the whole 
of the 14th book of Pliny's Natural History, to- 
gether with the first thirty chapters of the 23d ; 
the 12th book of Columella, with the commentary 
of Schneider and others ; the 2d book of Virgil's 
Georgics, with the remarks of Heyne, Voss, and 
the old grammarians ; Galen, i. 9, and xii. 4 ; 



VIS. 



VITRUM. 



1209 



Pollux, vi. foil. ; Athenaeus, lib. i. and lib. x. ; 
besides which there are a multitude of passages 
in other parts of the above authors, in Cato, Varro, 
and in the classics generally, which bear more or 
less upon these topics. 

Of modern writers we may notice particularly, 
Prosper Rendella, Tradatus de Vinea, Vindemia et 
Vino, Venet. 1629 ; Galeatius Landrinus, Quaestio 
de Mixtione Vini et Aquae, Ferrar. 1593 ; An- 
dreas Baccius, de Naturali Vinorum Historia, d-c, 
Rom. 1596, de Conviviis Antifpiorum, <Scc, Gronov. 
Thes. Grace. Antiq. ; Sir Edward Barry, Observa- 
tions on the Wines of the Ancients, Loud. 1775 ; 
Henderson, History of Ancient and modern Wines, 
Lond. 1824. Some of the most important facts 
are presented in a condensed form in Becker's 
Callus, vol ii. pp. 163 — 176, and pp. 238 — 241, 
and Charikles, vol. i. p. 456, foil. [W. R.] 

VIOCURI. [QUATUORVIRI VlALES.] 

VIRGA, dim. VIRGULA {(>dSSos), a rod or 
wand. This was in many cases the emblem of a 
certain rank or office ; being carried, for example, 
by the Salii, by a judge or civil officer (see wood- 
cut, p. 98), a herald [Caduceus] (Non. Marc. p. 
528 ; Ovid. Met. i. 716), and by the Tric/iniarcha 
[Triclinium], or any other person who had to 
exercise authority over slaves. (Scncc. Epist. 47.) 
The use of the rod (tiaG8i(tty, Acts, xvi. 22) in 
the punishment of Roman citizens was abolished 
by the Lex Porcia (p. 696, a). In the Fasces a 
number of rods were bound together. 

The wand was also the common instrument of 
magical display, as in the hand of Circe (Horn. Od. 
x. 238, 293, 318, 389), and of Minerva (xvi. 172). 
To do any thing virgula divina was to do it by 
magic. (Cic. All. i. 44.) The stripes of cloth were 
called viryae. (Ovid. Ar. Am. iii. 269.) [Pal- 
lium ; Tela.] [J. Y.] 

VI'RGINES VESTA'LES. [Vestales Vir- 

OINES.] 

VIRIDA'RIUM. [Hortus.] 

VIS. Leges were passed :it Koine for the pur- 
pose of preventing acts of violence. The Lex 
Plotia or Plautia was enacted against those who 
occupied public places and carried arms (Cic. ad 
Alt. ii. 24, de Ilaruxji. Itcspuns. 8 ; the Disserta- 
tion of Waecbter, Seues Arc/iiv. des Criminalrechls, 
vol. xiii. reprinted in Orcllii Onomasticon). The Lex 
proposed by the consul Q. Catulus on this subject, 
with the assistance of Plautius the tribunus, ap- 
pears to be the Lex Plotia. (Cic. pro Coel. 29 ; 
Sallust. in Cic. Declam.) There was a Lex 
Julia of the dictator Caesar on this subject, which 
imposed the penalty of aquae et ignis interdictio. 
(Cic Philip, i. 9.) Two Juliac Leges were passed 
as to this matter in the time of Augustus, which 
were respectively entitled De Vi Publico, and dj 
Vi Private. (Dig. 48. tit. 6, 7.) The Lex de Vi 
Publica did not apply, as the title might seem to 
import, exclusively to acts againts the public peace, 
and it it not possible to describe it very accurately 
except by enumerating its chief provisions. The 
OoUffttrng of arms (urwin, trU-i) in a house (domus), 
or in a villa (ni/rove in villa), except for the pur- 
pose of hunting, or going a journey or a voyage, 
was in itself a violation of the Lex. The signifi- 
cation of the word tela in this Lex was very ex- 
tensive. The punishment for the violation of this 
Lex was nqunc et ignis interdictio, except in the 
case of attacking and plundering bouses or villas 
with an armed band, in which case the punishment 



was death ; and the penalty was the same for carry- 
ing off a woman, married or unmarried. The cases 
enumerated in the Digest, as falling within the 
penalties of the Lex Julia de Vi Privata, are cases 
where the act was of less atrocity ; for instance, if 
a man got a number of men together for a riot, 
which ended in the beating of a person, but not 
in his death, he came within the penalties of the 
Lex de Vi Privata. It was also a case of Vis 
Privata, when persons combined to prevent another 
being brought before the praetor. The Senatus- 
consultum Volusianum extended the penalties of 
the Lex to those who maintained another in his 
suit, with the view of sharing any advantage that 
might result from it. The penalties of this Lex 
were the loss of a third part of the offender's pro- 
perty ; and he was also declared to be incapable of 
being a Senator or Decurio, or a Judex : by a Se- 
natusconsultum, the name of which is not given, 
he was incapacitated from enjoying any honour, 
quasi infamis. (This matter is discussed at 
length by Rein, Das Criminalrecht der Rjomer, 
p. 732.) [G. L.] 

VIS et VIS ARMATA. There was an inter- 
dict De Vi et Vi Armata, which applied to the 
case of a man who was forcibly ejected from the 
possession of a piece of ground or edifice {qui vi de- 
jectus est). The object of the interdict was to restore 
the party ejected to possession. (Dig. 43. tit. 16 ; 
Inter dictum.) [G. L.] 

VISCERATIO. [Funus, p. 562, a.] 
VITELLIA'NI. [Tabulae, p. 1092, a.] 
VITIS. [Exercitus, p. 504, b.] 
VITRUM (va\os), glass. A singular amount 
of ignorance and scepticism long prevailed with 
regard to the knowledge possessed by the ancients 
in the art of glass-making. Some asserted that it 
was to be regarded as exclusively a modern inven- 
tion, while others, unable altogether to resist the 
mass of evidence to the contrary, contented them- 
selves with believing that the substance was known 
only in its coarsest and rudest form. It is now 
clearly demonstrated to have been in common use 
St a very remote epoch. Various specimens still in 
existence prove that the manufacture had in some 
branches reached a point of perfection to which 
recent skill has not yet been able to attain ; and 
although we may not feel disposed to go so far as 
Winckelmann (i. c. 2. § 20), who contends that it 
was used more generally and for a greater variety 
of purposes in the old world than among ourselves, 
yet when we examine the numerous collections 
arranged in all great public museums, we must feel 
convinced that it was employed as an ordinary 
material for all manner of domestic utensils by the 
Egyptians, Greeks, and Romans. 

We find the process of glass-blowing distinctly 
represented in the paintings of li.ni Hassan, which 
if any faith can be reposed in the interpretation of 
hieroglyphics according to the phonetic system, were 
executed during the reigns of Osirtascn the First, 
the contemporary uf Joseph, and his immediate 
successors, while a glass bead has been found at 
Thebes bearing the name of a monarch who lived 
8800 years ago, about the time of the Jewish 
Exodus. Vases also, wine-bottles, drinking- cups, 
bugles, and a multitude of other objects have been 
discovered in sepulc hres and attached to mummies 
both in Upper and Lower Egypt, and although in 
most cases no precise date can be affixed to these 
relics, many of thein arc referred by the most com- 



1210 



VITRUM. 



VITRUM. 



petent judges to a very early period. (Wilkinson, 
Ancient Egyptians, vol. iii. p. 88, &c.) 

A story has been preserved by Pliny (H. N. 
xxxvi. 65), that glass was first discovered acci- 
dentally by some merchants who having landed on 
the Syrian coast at the mouth of the river Belus, 
and being unable to find stones to support their 
cooking-pots, fetched for this purpose from their 
ship some of the lumps of nitre which composed 
the cargo. This being fused by the heat of the 
fire, united with the sand upon which it rested 
and formed a stream of vitrified matter. No con- 
clusion can be drawn from this tale, even if true, 
in consequence of its vagueness ; but it probably 
originated in the fact recorded by Strabo (xvi. 
p. 758) and Josephus (B. J. ii. 9), that the sand 
of the district in question was esteemed peculiarly 
suitable for glass-making, and exported in great 
quantities to the workshops of Sidon and Alexan- 
dria, long the most famous in the ancient world. 
(See Hamberger and Michaelis on the Glass of 
the Hebrews and Phoenicians, Commentar. Soc. 
Gott. vol. iv. ; Heeren, Idem, i. 2. p. 94.) Alex- 
andria sustained its reputation for many centuries ; 
Rome derived a great portion of its supplies from 
this source, and as late as the reign of Aurelian 
we find the manufacture still flourishing. (Cic. pro 
Rabir. Post. 14; Strabo, I. e. ; Martial, xi. 11, 
xii. 74, xiv. 115 ; Vopisc. Aurel. 45 ; Boudet, Sur 
VArte de la Verrerie ne en Egypte ; Description de 
V Egypte, vol. ix. p. 213.) 

There is some difficulty in deciding by what 
Greek author glass is first mentioned, because the 
term vaKos, like the Hebrew word used in the 
book of Job (xxviii. 17) and translated in the 
LXX. by uaAor, unquestionably denotes not only 
artificial glass but rock-crystal, or indeed any 
transparent stone or stone-like substance. (Schol. 
ad Aristoph. Nub. 737.) Thus the veAos of 
Herodotus (iii. 24), in which the Ethiopians 
encased the bodies of their dead, cannot be 
glass, although understood in this sense by Ctesias 
and Diodorus (ii. 15), for we are expressly told 
that it was dug in abundance out of the earth ; 
and hence commentators have conjectured that 
rock-crystal or rock-salt, or amber, or oriental 
alabaster, or some bituminous or gummy product 
might be indicated. But when the same his- 
torian in his account of sacred crocodiles (ii. 69) 
states that they were decorated with ear-rings 
made of melted stone (apT^^ara re Xldiva x uT <* 
koL xpw'cea es to. Sra iv84vres), we may safely 
conclude that he intends to describe some vitreous 
ornament for which he knew no appropriate name. 
The o-typayh vaKivr] and <r<ppayi5e uaAiVa of an 
Athenian inscription referred to B. c. 398 (Bb'ckh, 
Corp. Inscrip. n. 150. § 50), together with the 
passage in Aristophanes (Acharn. 74) where the 
envoy boasts that he had been drinking with the 
great king " e£ vaAivaiv iKircofidrcov " decide no- 
thing, especially since in another comedy (Nub. 
737) Strepsiades describes a vaAos, or burning- 
glass, as a transparent stone sold in the shops of 
apothecaries, and we know that any solid dia- 
phanous substance ground into the form of a lens 
would produce the effect. Setting aside the two 
problems with regard to glass, attributed to Ari- 
stotle, as confessedly spurious, we at length find a 
satisfactory testimony in the works of his pupil and 
successor, Theophrastus, who notices the circum- 
stance alluded to above, of the fitness of the sand 



at the mouth of the river Belus for the fabrication 
of glass. 

Among the Latin writers Lucretius appears to 
be the first in whom the word vitrum occurs (iv. 
604, vi. 991) ; but it must have been well known 
to his countrymen long before, for Cicero names it, 
along with paper and linen, as a common article of 
merchandise brought from Egypt (pro Rab. Post. 
14). Scaurus, in his aedileship (b. c. 58), made" 
a display of it such as was never witnessed even 
in after-times ; for the scena of his gorgeous theatre 
was divided into three tiers, of which the under 
portion was of marble, the upper of gilded wood, 
and the middle compartment of glass. (Plin. H. N. 
xxxvi. 34. § 7.) In the poets of the Augustan age 
it is constantly introduced, both directly and in 
similes, and in such terms as to prove that it was 
an object with which every one must be familiar 
(e.g. Virg. Georg. iv. 350, Aen. vii. 759 ; Ovid. 
Amor. i. 6. 55 ; Prop. iv. 8. 37 ; Hor. Carm. iii. 
13. 1). Strabo declares that in his day a small 
drinking-cup of glass might be purchased at Rome 
for half an as (xvi. p. 758 ; compare Martial, ix. 
60), and so common was it in the time of Juvenal 
and Martial, that old men and women made a 
livelihood by trucking sulphur matches for broken 
fragments. (Juv. v. 48 ; Martial, i. 42, x. 3 ; 
Stat. Sylv. i. 6. 73 ; compare Dion Cass. Ivi. 17.) 
When Pliny wrote manufactories had been esta- 
blished not only in Italy, but in Spain and Gaul 
also, and glass drinking-cups had entirely super- 
seded those of gold and silver (H. N. xxxvi. 66, 
67), and in the reign of Alexander Severus we find 
vitrearii ranked along with curriers, coachmakers, 
goldsmiths, silversmiths, and other ordinary arti- 
ficers whom the emperor taxed to raise money for 
his thermae. (Lamprid. Alex. Sev. 24.) 

The numerous specimens transmitted to us prove 
that the ancients were well acquainted with the 
art of imparting a great variety of colours to their 
glass ; they were probably less successful in their 
attempts to render it perfectly pure and free from 
all colour, since we are told by Pliny that it was 
considered most valuable in this state. It was 
wrought according to the different methods now 
practised, being fashioned into the required shape 
by the blowpipe, cut, as we term it, although 
ground (teritur) is a more accurate phrase, upon a 
wheel, and engraved with a sharp tool, like silver 
(" aliud flatu fignratur, aliud torno teritur, aliud 
argenti modo coelatur," Plin. H. N. xxxvi. 66). 
Doubts have been expressed touching the accuracy 
of the last part of this statement ; but since we 
have the most positive evidence that the diamond 
(adamas) was employed by engravers of gems 
(Plin. N. xxxvii. 15 ; Solin. 52 ; Isidor. xvi. 
13, 3), and might therefore have been applied with 
still greater facility to scratching the surface of 
glass, there is no necessity for supposing that Pliny 
was not himself aware of what he meant to say, 
nor for twisting his words into meanings which 
they cannot legitimately assume, especially since 
hieroglyphics and various others devices are now to 
be seen on Egyptian vases and trinkets which have 
been engraved by some such process. (Wilkinson, 
vol. iii. p. 105.) The diatreta of Martial (xii. 70) 
were glass cups cut or engraved according to one 
or other of the above methods. The process was 
difficult, and accidents occurred so frequently 
(Mart. xiv. 115) that the jurists found it necessary 
to define accurately the circumstances under which 



VITRUM. 



VITRUM. 



1211 



the workman became liable for the value of the 
vessel destroyed. (Dig. 9. tit. 2. s. 27. § 29 ; see 
Salmasius ad Vopisc. Saturn, c. 8.) The art of 
etching upon glass, now so common, was entirely 
unknown, since it depends upon the properties 
of fluoric acid, a chemical discovery of the last 
century. 

We may now briefly enumerate the chief uses 
to which glass was applied. 

1. Bottles, vases, cups, and cinerary urns. A 
great number of these may be seen in the British 
Museum and all the principal continental cabinets, 
but especially in the Museo Borbonico at Naples, 
which contains the spoils of Herculaneum and 
Pompeii, and includes upwards of 2400 specimens 
of ancient glass. These sufficiently prove the taste, 
ingenuity, and consummate skill lavished upon such 
labours ; many which have been shaped by the 
blowpipe only, are remarkable for their graceful 
form and brilliant colours, while others are of the 
most delicate and complicated workmanship. A 
very remarkable object belonging to the last class, 
the property of the Trivulsi family, is described in 
the notes to Winckclmann (L c. 2. § 21) and figured 




here. It is a glass cup contained within a sort 
of network, also of glass, to which it is attached 
by a series of short and very fine glass props placed 
at equal distances from each other. Round the 
rim are several letters connected with the cup in 
the same manner as the network, and forming the 
words bibe vivas multos annos. The cha- 
racters of the inscription are green, the network is 
blue, the cup itself resembles opal, shades of red, 
white, yellow and blue predominating in turn ac- 
cording to the angle at which the light falls upon 
it It was at first believed that this effect was 
the result of long interment beneath the ground j 
but it is much more likely to have been produced 
by the artist, for it corresponds precisely to the 
account given of two precious cups presented by an 
Kgyptinn priest to the emperor Adrian, and cha- 
racterised iu ca//r« nffii.iwn(r< nrm-otun t. ( \ OpiSC 
Siilurn. c. I!.) Neither the letters nor the network 
have been soldered to the cup, but the whole has 
been cut of a solid mass, after the manner of a 
cameo, the marks of the wheel being still visible 
on the little props, which arc more or less angular 
according us the instrument w;is ai.l'- t" r> .» li then 
completely or not. But the great triumph of an- 
cient genius in this department is the celebrated 



Portland Vase, formerly known as the Barberini 
Vase, which is now in the British Museum. It was 
found about three hundred years ago, at a short 
distance from Rome, in a marble coffin within a 
sepulchral vault, pronounced upon very imperfect 
evidence to have been the tomb of Alexander Se- 
verus. The extreme beauty of this urn led Mont- 
faucon and other antiquaries to mistake it for a 
real sardonyx. Upon more accurate examination it 
was ascertained to be composed of dark blue glass, 
of a very rich tint, on the surface of which are de- 
j lineated in relief several minute and elaborately 
! wrought figures of opaque white enanieL It has 
been determined by persons of the greatest practi- 
cal experience, that these figures must have been 
moulded separately, and afterwards fixed to the 
blue surface by a partial fusion ; but the union has 
been effected with such extraordinary care and 
dexterity, that no trace of the junction can be ob- 
served, nor have the most delicate lines received 
the slightest injury. With such samples before us, 
we need not wonder that in the time of Nero a 
pair of moderate-sized glass cups with handles 
(pteroti) sometimes cost fifty pounds (//6'. sex 
miUibus, Plin. H. N. xxxvi. 66). For a full de- 
scription of the Portland Vase, see the eighth 
volume of the Archaeologia. 

2. Glass Pastes presenting fac-similes, either in 
relief or intaglio, of engraved precious stones. In 
this way have been preserved exact copies of many 
beautiful gems, of which the originals no longer 
exist, as may be seen from the catalogues of Stosch, 
of Tassie, of the Orleans collection, and from similar 
publications. These were in demand for the rings of 
such persons as were not wealthy enough to purchase 
real stones, as we perceive from the phrase " vitreis 
yemmis ex vulyi anntdis." (Plin. //. A', xxxv. 30.) 
Large medallions also of this kind are still pre- 
served, and bas-reliefs of considerable magnitude. 
(See Winckelmann, i. c. 2. § 27.) 

3. Closely allied to the preceding were imitations 
of coloured precious stones, such as the carbuncle, 
the sapphire, the amethyst, and above all, the eme- 
rald. These counterfeits were executed with such 
fidelity, that detection was extremely difficult, and 
great profits were realised by dishonest dealers 
who entrapped the unwary. (Plin. //. A', xxxvii. 
75.) That such frauds were practised even upon 
the most exalted in station is seen from the anec- 
dote given by Trebellius Pollio of the whimsical 
vengeance taken by Oallienus (Gall. c. 12) on a 
rogue who had cheated him in this way, and col- 
lections are to be seen at Rome of pieces of coloured 
class which were evidently once worn as jewels, 
from which they cannot be distinguished by the 
BJ e. ( IMin. //. A", xxxvii. 26. 33. 75 ; Scncc. A'/). 
90 ; Isidor. Oriy. xvi. 15. § 27 ; Beckmann, History 

, of Inrmtiuns, vol. i. p. 199. Eng. Trans. 3d edit.) 

4. One very elegant application of glass deserves 
to be particularly noticed. A number of fine Htalks 

I of glass of different colours were placed vertically, 
and arranged in such a manner as to depict upon 
the upper surface some figure or pattern, upon the 
principle of a minute mosaic. The filaments thus 
combined were then subjected to such a degree of 
heat as would suffice to soften without melting 
them, and were thus cemented together into n 
solid mass. It is evident that the picture brought 
out upon the upper surface would extend down 
through the whole of the little column thus formed, 
and una if it was cut into thin slices at right 



1212 VITTA. 

angles to the direction of the fibres, each of these 
sections would upon both sides represent the de- 
sign which would be multiplied to an extent in 
proportion to the total length of the glass threads. 
Two beautiful fragments evidently constructed in 
this way are accurately commented upon by 
Winckelmann (i. c. 2. § 22, 23, 24), and another 
recently brought from Egypt is shown on the fron- 
tispiece to the third volume of Wilkinson's work. 
Many mosaic pavements and pictures {opus mu- 
aivum) belong to this head, since the cubes were 
frequently composed of opaque glass as well as 
marble, but these have been already discussed in 
p. 915 of this work. 

5. Thick sheets of glass of various colours appear 
to have been laid down for paving floors, and to 
have been attached as a lining to the walls and 
ceilings of apartments in dwelling houses, just as 
scagliuola is frequently employed in Italy, and oc- 
casionally in our own country also. Rooms fitted 
up in this way were called vitreae camerae, and the 
panels vitreae quadraturae. Such was the kind 
of decoration introduced by Scaurus for the scene 
of his theatre, not columns nor Jpillars of glass as 
some, nor bas-reliefs as others have imagined. 
(Plin. H. N. xxxvi. 64 ; Stat. Syl. i. 5. 42 ; Senec. 
Ep. 76 ; Vopisc. Firm. c. 3 ; Winckelmann, i. 
c. 2. § 21 ; Passeri, Lucernae Fictiles, p. 67. tab. 
Ixxi.) 

6. The question whether glass windows were 
known to the ancients has, after much discussion, 
been set at rest by the excavations at Pompeii, for 
not only have many fragments of flat glass been 
disinterred from time to time, but in the tepidarium 
of the public baths a bronze lattice came to light 
with some of the panes still inserted in the frame, 
so as to determine at once not only their existence, 
but the mode in which they were secured and ar- 
ranged. (Mazois, Palais de Scaurus, c. viii. p. 97 ; 
Ruines de Pompei, vol. iii. p. 77 ; Becker, Gallus, 
vol. ii. p. 20.) [Domus, p. 432.] 

7. From the time that pure glass became known, 
it must have been remarked that when darkened 
upon one side, it possessed the property of reflect- 
ing images. We are certain that an attempt was 
made by the Sidonians to make looking-glasses 
(Plin. H. N. xxxvi. 66), and equally certain that 
it must have failed, for the use of metallic mirrors, 
which are more costly in the first instance, which 
require constant care, and attain but imperfectly 
the end desired, was universal under the Empire. 
Respecting ancient mirrors, see Speculum. 

8. A strange story with regard to an alleged in- 
vention of malleable glass is found in Petronius 
(c. 51), is told still more circumstantially by Dion 
Cassius (lvii. 21), and is alluded to by Pliny {H. N. 
xxxvi. 66), with an expression of doubt, however, 
as to its truth. An artist appeared before Tiberius 
with a cup of glass. This he dashed violently 
upon the ground. When taken up it was neither 
broken nor cracked, but dinted like a piece of 
metal. The man then produced a mallet, and ham- 
mered it back into its original shape. The emperor 
inquired whether any one was acquainted with the 
secret, and was answered in the negative, upon 
which the order was given that he should be in- 
stantly beheaded, lest the precious metals might 
lose their value, should such a composition become 
generally known. [W. R.] 

VITTA, or plural VITTAE, a ribbon or fillet, 
is to be considered, I. As an ordinary portion of 



VITTA. 

female dress. II. As a decoration of sacred per- 
sons and sacred things. 

1. When considered as an ordinary portion of 
female dress, it was simply a band encircling the 
head, and serving to confine the tresses {crinales 
vittae) the ends, when long {longae taenia vittae), 
hanging down behind. (Virg. Aen. vii. 351, 403 ; 
Ovid. Met. ii. 413, iv. 6; Isidor. xix. 31. § 6.) 
It was worn (1.) by maidens (Virg. Aen. ii. 168 ; 
Prop. iv. 11. 34; Val. Flacc. viii. 6; Serv. ad 
Virg. Aen. ii. 133); (2.) by married women also, 
the vitta assumed on the nuptial day being of a 
different form from that used by virgins. (Prop. iv. 
3. 15, iv. 11. 34 ; Plaut. Mil. Gl. iii. 1. 194 ; Val. 
Max. v. 2. § 1.) 

The Vitta was not worn by libertinae even of 
fair character (Tibull. i. 6. 67), much less by me- 
retrices ; hence it was looked upon as an insigne 
pudoris, and, together with the stola and instita, 
served to point out at first sight the freeborn ma- 
tron. (Ovid. A. A. i. 31, R.A. 386, Trist. ii. 
247, Ep. ex Pont. iii. 3. 51.) 

The colour was probably a matter of choice, 
white and purple are both mentioned. (Ovid. Met. 
ii. 413, Ciris, 511; Stat. AchUl. i. 611.) One 
of those represented in the cuts below is orna- 
mented with embroidery, and they were in some 
cases set with pearls {vittae margaritarum, Dig. 34. 
tit. 2. s. 25. § 2). 

The following woodcuts represent back and front 
views of the heads of statues from Herculaneum, 
on which we perceive the vitta. {Bronzi d'Erco- 
lano, vol. ii. tav. 72, 75.) 




II. When employed for sacred purposes, it was 
usually twisted round the infula [Inpula], and 
held together the loose flocks of wool. (Virg. Georg. 
iii. 487, Aen. x. 537 ; Isidor. xix. 30. § 4 ; Serv. 
ad Virg. Aen. x. 538 ; the expression of Lucan v. 
142, &c. is obscure.) Under this form it was em- 
ployed as an ornament for (1.) Priests, and those 
who offered sacrifice. (Virg. Aen. ii. 221, vi. 637, 
x. 537 ; Tacit. Ann. i. 57.) (2.) Priestesses, espe- 
cially those of Vesta, and hence vittata sacerdos 
for a Vestal, /car' i£6xw- (Virg. Aen. vii. 418; 
Ovid. Fast. iii. 30, vi. 457 ; Juv. iv. 9, vi. 50.) 
(3.) Prophets and poets, who may be regarded as 
priests, and in this case the Vittae were frequently 
intertwined with chaplets of olive or laurel. (Virg. 
Aen. iii. 81, vi. 665 ; Stat. Silv. ii. 1. 26, Achill. 

i. 11, Theb. iii. 466). (4.) Statues of deities. 
(Virg. Aen. ii. 168, 296; Juv. vi. 50; compare 
Stat. Silv. iii. 3. 3.) (5.) Victims decked for sa- 
crifice. (Virg. Georg. iii. 487, Aen. ii. 133, 156, 
v. 366 ; Ovid. Ep. ex Pont. iii. 2. 74, Stat. Achill. 

ii. 301.) (6.) Altars. (Virg. Eel. viii. 64, Aen. 

iii. 64.) (7.) Temples. (Prop. iv. 9. 27 ; compare 
Tacit. Hist. iv. 53.) (8.) The mer^pia of suppli- 
ants. (Virg. Aen. vii. 237, viii. 1 28.) 



UMBRACULUM. 



UNCIA. 



1213 



The sacred vittae, as well as the infulae, were 
made of wool, and hence the epithets lanea (Ovid. 
Fast. iii. 30) and mollis. (Virg. Ed. viii. 64.) 
They were white (niceae, Virg. Geonj. iii. 487 ; 
Ovid. Met. xiii. 643 ; Stat. Theb. iii. 4*66), or pur- 
ple (puniceae, Prop. iv. 9. 27), or azure (caeruleae) 
when wreathed round an altar to the manes. (Virg. 
Aen. iii. 64.) 

Vitta is also used in the general sense of a string 
for tying up garlands (Plin. H. A r . xviii. 2 ; Isidor. 
xix. 3 1 . 6), and vittae loreae for the leathern straps 
or braces by which a machine was worked. (Plin. 
//. A', xviii. 31.) [W. R.] 

ULNA (iXc'jTj), properly the fore-arm from 
the shoulder to the wrist, is also used for the 
whole arm, and even for the whole span of both 
arms ; and hence, as a measure of length, it ap- 
pears to be used with different significations. In | 
the chief passages in which it occurs (Virg. Hue. 
iii. 105, Georg. iii. 355 ; Ovid, Metam. viii. 750 ; 
Hor. Epod. iv. 8) there is nothing to determine its 
length, except, perhaps, in the last quoted passage, 
where, however, we may easily suppose the exag- 
geration of caricature. Servius, however, in his 
note on the first of these passages, says that it was 
the space between the outstretched hands, that is, 
the same as the Greek opyv'ta of six feet ; and this 
is evidently its meaning in Pliny (//. 2V1 xvi. 40. 
s. 76, 32. s. 57), where it is important to observe 
that crassiludo refers to the circumference of the 
trunk, not to its diameter. Later writers use it 
as equivalent to the cubit or a modification of it, 
and hence the modem ell. (Pollux, ii. 140 > Solin. 
54.) [P. S.] 

ULTROTRIBUTA. [Censor, p. 265, a.] 

UMBELLA. [U.MBRACULUM.J 

UMBI'LICUS. [Liber.] 
UMBO. [Ci-ipeus ; Toga, p. 1 136, b.l 
UMBRA'CULUM, UMBELLA (<r»c.aoW, 
<r«ie£o'ioc, UKiaS'ianri) a parasol, was used by Greek 
and Roman ladies as a protection against the sun. 




They seem not to have Wen carried generally by 
the ladies themselves, but by female slaves who 
held them over their mistresses. The daughters 



of the aliens (/ieVoiKoi) at Athens had to carrv 
parasols after the Athenian maidens at the Pana- 
thenaea, as is mentioned under Hvdriaphoria. 
The parasols of the ancients seem to have been 
exactly like our own parasols or umbrellas in 
form, and could be shut up and opened like ours. 
(Aristoph. Equit. 1348 ; Schol. ad loc.; Ovid. Ar. 
Am. ii. 209.) They are often represented in paint- 
ings on ancient vases: the annexed woodcut is 
taken from Millin's Peintures de Vases Antiques, 
vol. i. pi. 70. The female is clothed in a long 
Chiton or Diploidion [Tunica, p. 1172, b.], and 
has a small Himation, which seems to have fallen 
off her shoulders. 

It was considered a mark of effeminacy for men 
to make use of parasols. (Anacreon, ap. Athcn. xii. 
p. 534, a.) The Roman ladies used them in the 
amphitheatre to defend themselves from the sun 
or some passing shower (Mart. xiv. 28), when the 
wind or other circumstances did not allow the ve- 
larium to be extended. To hold a parasol over a 
lady was one of the common attentions of lovers 
(Mart. xi. 73 ; Ovid. /. c), and it seems to have 
been very common to give parasols as presents. 
(Juv. ix. 50.) 

Instead of parasols the Greek women in later 
times wore a kind of straw bat or bonnet, 
called !bo\ia. (Pollux, vii. 174 ; compare x. 127 ; 
Theocr. xv. 39.) The Romans also wore a hat with 
a broad brim (petasus) as a protection against the 
sun. (Suet Aug. 82 ; Dion Cass. lix. 7.) Sec Paci- 
audi, de Umbellae gestationc, Rom. 1752; Becker, 
Charikles, vol. ii. p. 73. 

UNCIA (07*10, 007/010, 007710), the twelfth 
part of the As or Libra, is derived by Varro from 
unus, as being the unit of the divisions of the as 
(L.L. v. 171, MUllcr). It was subdivided into 
2 semunciae, 3 duellae, 4 siciiici, 6 scxtulue, 24 scru- 
pula, and 144 silitpuie. The values of the Uncia 
and its subdivisions, in terms of our own weights, 
will be found in the Tables. 

In connecting the Roman system of weights and 
money with the Greek, another division of the uncia 
was used. When the drachma was introduced 
into the Roman system as equivalent to the dena- 
rius of 96 to the pound [Denarius ; Drachma] 
the uncia contained 8 drachmae, the drachma 3 
scrupula, the scrupulum 2 oboli (since 6 oboli made 
up the drachma), and the olxilos 3 siliquuc (n(paTia). 
Therefore the uncia was divided into 8 drachmae, 
24 scrupula, 48 (Mi, 144 siliquac. In this division 
we have the origin of the modern Italian system, 
in which the pound is divided into 12 ounces, the 
ounce into 8 drams, the dram into 3 scruples, and 
the scruple into G carats. In each of these systems 
1 728 Ktparia, siliquac, or carats make up the pound. 

The uncial system was adopted by the uroekl 
of Sicily, who called their obol \'npa (the Roman 
libra), and divided it into twelve parts, each of 
which they called byKta or 007100 (the Roman 
uncia). In this system the A7/00 was reckoned 
equal to the x^" "- [Litra; Nu MM US, pp. 
813, 814.] 

Miiller considers thnt the Greeks of Sicily, and 
also the Komans themselves, obtained ■ the uncial 
system from the Etruscans. (Etrutker, i. p. 309.) 

The Romans applied the uncial division to all 
kinds of magnitude. [As.| In length the uncia 
was the twelfth of a foot, whence the word fait, 
in area the twelfth of a jiigcrum, in content the 
twelfth of a scxturius, in time the twelfth of an 



1214 



TJNGUENTA. 



UN1VERSITAS. 



hour. [As, sub Jin.] Respecting the uneia as a 
coin see As, p. 141, a. 

(Bockh, Metrolog. Untersuch. pp. 155, 160, 165, 
293 ; Wurm, de Pond, &c. pp. 8, 9, 63, 67, 118, 
138.) [P.S.] 
UNCIA'RIUM FENUS. [Ffnus, P . 527, b.] 
UNCTO'RES. [Balneae, p. 190, b.] 
UNCTUA'RIUM. [Balneae, p. 190, b.] 
UNGUENTA, ointments, oils, or salves. The 
application of Ungnenta in connection with bath- 
ing and the athletic contests of the ancients is 
stated under Balneae, Athletae, &c But 
although their original object was simply to pre- 
serve the health and elasticity of the human frame, 
they were in later times used as articles of luxury. 
They were then not only employed to impart to 
the body or hair a particular colour, but also to 
give to them the most beautiful fragrance possible ; 
they were, moreover, not merely applied after a 
bath, but at any time, to render one's appearance or 
presence more pleasant than usual. In short they 
were used then as oils and pomatums are at present. 

The numerous kinds of oils, soaps, pomatums, 
and other perfumes with which the ancients were 
acquainted, are quite astonishing. We know several 
kinds of soap which they used, though, as it ap- 
pears, more for the purpose of painting the hair 
than for cleaning it. (Plin. H.N. xviii. 12, 51 ; 
Mart. viii. 23. 20, xiv. 26, 27.) For the same 
purpose they also used certain herbs. (Ovid. Ar. 
Amat. iii. 163, Amor. i. 14.) 

Among the various and costly oils which were 
partly used for the skin and partly for the hair, the 
following may be mentioned as examples : mende- 
sium, megalesium, metopium, amaracinum, Cypri- 
num, susinum, nardinum, spicatum, iasminum, 
rosaceum, and crocus-oil, which was considered the 
most costly. (Becker, Gallus, ii. p. 27.) In ad- 
dition to these oils the ancients also used various 
kinds of powder as perfumes, which by a general 
name are called Diapasmata. To what extent 
the luxury of using fragrant oils and the like was 
carried on, may be inferred from Seneca (Epist.tt6), 
who says that people anointed themselves twice or 
even three times a day, in order that the delicious 
fragrance might never diminish. At Rome, how- 
ever, these luxuries did not become very general 
till towards the end of the republic (Gell. vii. 12), 
while the Greeks appear to have been familiar with 
them from early times. The wealthy Greeks and 
Romans carried their ointments and perfumes with 
them, especially when they bathed, in small boxes 
of costly materials and beautiful workmanship, 
which were called Narthecia. (Bb'ttiger, Sabina, i. 
p. 52.) The traffic which was carried on in these 
ointments and perfumes in several towns of Greece 
and southern Italy was very considerable. The 
persons engaged in manufacturing them were called 
by the Romans Unguentarii (Cic. de Off. i. 12 ; 
Horat. Sat. ii. 3. 228), or as they frequently were 
women, Unguentariae (Plin. H. N. viii. 5), and 
the art of manufacturing them Unguentaria. In 
the wealthy and effeminate city of Capua there 
was one great street called the Seplasia, which 
consisted entirely of shops in which ointments and 
perfumes were sold. 

A few words are necessary on the custom of the 
ancients in painting their faces. In Greece this 
practice appears to have been very common among 
the ladies, though men also had sometimes re- 
course to it, as for example, Demetrius Phalereus. 



(Athen. xii. p. 642.) But as regards the women, 
it appears that their retired mode of living, and 
their sitting mostly in their own apartments, de- 
prived them of a great part of their natural fresh- 
ness and beauty, for which, of course, they were 
anxious to make up by artificial means. (Xenoph. 
Oecon. 10. § 10 ; Stobaeus, iii. p. 87, ed. Gaisford ; 
compare Becker, Charicks, ii. p. 232.) This mode 
of embellishing themselves was probably applied 
only on certain occasions, such as when they went 
out, or wished to appear more charming. (Lysias, 
de caed. Eratosth. p. 15 ; Aristoph. Lysistr. 149, 
Eccles. 878, Pint. 1064 ; Plut. Alcib. 39.) The 
colours used for this purpose were white (tyifivdiov 
(cerusa) and red (eyxovaa or &yxovGa, -rraiSepws, 
avKafuvov, or (pvKos, Xenoph. Oecon. 10. § 2 ; 
Aristoph. Lysistr. 48, Eccles. 929 ; Alexis, ap. 
Athen. xiii. p. 568, compare 557 ; Etymol. Mag. 
s. v. 'E<pi/j.fiv6iao-8ai). The eyebrows were fre- 
quently painted black (fieAav, &a§o\os, or ari/xni?, 
Alexis, ap. Athen. xiii. p. 568 ; Pollux, v. 101). 
The manner in which this operation of painting 
was performed, is still seen in some ancient works 
of art representing ladies in the act of painting 
themselves. Sometimes they are seen painting 
themselves with a brush and sometimes with their 
fingers. (Bijttiger, Sabina, ii. tab. ix. and i. tab. vi.) 

The Romans, towards the end of the republic 
and under the empire, were no less fond of painting 
themselves than the Greeks. (Horat. Epod. xii. 

1 ; Ovid. Ar. Am. iii. 199 ; Plin. H. N. xxviii. 8.) 
The red colour was at Rome, as in many parts of 
Greece, prepared from a kind of moss which the 
Romans called fucus (the rocella of Linnaeus), and 
from which afterwards all kinds of paint were 
called fucus. Another general term for paint is 
creta. For embellishing and cleaning the com- 
plexion the Greeks as well as the Romans used a 
substance called oesipum (see the comment, on 
Suidas, s. v. Olo-icri), which was prepared of the 
wool taken from those parts of the body of a sheep 
in which it perspired most. Another remedy often 
applied for similar purposes consisted of powdered 
excrementa of the Egyptian crocodiles. (Horat. 
and Plin. I. c.) 

Respecting the subjects here mentioned and 
everything connected with the toilet of the an- 
cients, see Bdttiger, Sabina oder Morgenscenen im 
Putzzimmer einer reichen Romerin. Leipz. 1806. 

2 vols. [L. S.] 
UNGUENTA'RII. [Unguenta.] 
UNIVE'RSITAS. The philosophical division 

of things (Res) in the widest sense of the term, is 
into things Corporeal (Res Corporales), objects of 
sense, and things Incorporeal (Res Incorporates), 
objects of intellect only (Cic. Top 5.) ; and this 
division was applied by the Roman Jurists to things 
as the objects of Rights. When a man said of a 
thing " meum est," it might be either a Corporeal 
thing, as a piece of land or an animal ; or it might 
be an Incorporeal thing, as a Jus utendi fruendi. 
Obligationes were also classed among Incorporeal 
things. But this is not a division of things, in the 
limited sense, for things in that sense are always 
corporeal ; it is a division of things in the wider 
sense. 

In a thing corporeal we may consider that there 
are parts, in reference to which the whole is a Uni- 
versitas or a unit. If then the division into parts 
is made with reference to the subjection of a part 
to a person's will, the part is viewed as a whole, 



UN1VERSITAS. 



UNIVERSITAS. 



1215 



as a thing in itself, that is, the whole is viewed 
pro diviso ; for division in this case is the same as 
making many wholes out of one whole. It is 
here assumed that the thing is in its nature di- 
visible ; a3 a piece of land which is capable of 
beinir divided into parts. 

But there are parts of things corporeal which 
are essential to the constitution of the whole, so that 
the whole cannot be divided into parts without 
the destruction of its nature ; as a living animal 
for instance. 

Besides the corporeal parts into which a (cor- 
poreal) thing is divisible, we may suppose incorpo- 
real, ideal parts of a corporeal thing (Dig. 45. tit. 
'.i. s. 5). These parts are assumed fractions of a 
whole, not corporeal parts. If such a part is the 
object of thought, the whole corporeal thing is 
viewed pro indiviso : the corporeal object of the will 
is the thing, and the limitation of the will to a 
part, is merely intellectual. Thus several persons 
may be joint owners of a piece of undivided land, 
but no one can say that any particular part belongs 
to him. The case just put is that of a corporeal 
whole and ideal parts. But the whole may 
be ideal and the parts corporeal : as when there 
is a number of independent corporeal things, not 
materially connected, but they are intellectually 
connected so as to form in idea a whole : thus a 
flock of sheep is an ideal whole, and the several 
sheep are the independent corporeal things. The 
ideal whole is not composed of the several corporeal 
things, for an ideal whole cannot be composed of 
corporeal parts ; but the ideal whole is a notion 
which is formed with reference to some particular 
purpose. It is necessary that the purpose of the 
several things shall not be different from and inde- 
pendent of the general purpose for which the notion 
is formed, but subservient to it. Thus as separate 
cor|>oreal things may be often materially united to 
form a new corpus ; so the several independent 
things which are not capable of such material 
union, may be viewed as an ideal union or as a 
a univcrsitas for some purpose ; the flock of sheep 
may be viewed as a whole, as a universitas, for 
the purpose of ownership. Such a universitas, as 
already observed, is independent of the several cor- 
poreal things : it still exists if they are all changed. 
Thus in a flock of sheep we have a fictitious, a 
juristical whole or thing, and in the notion of 
a universitas of persons we have a fictitious or ju- 
ristical person, which is still the same person 
though all the individuals are changed. At a 
number of sheep must have a name, a flock, in order 
to lie comprehended in one notion, so a juristical 
person must have a name, as the universitas of 
Fabri, or the city of Home. 

The term universitas then may have various 
senses, 1. Both the univcrsitas and the parts may 
be corporeal (Dig. 6ft tit 16. s. 23!). § 8) : tcrri- 
torium est universitas agrorum intra fines cujus- 
que civitatis. 2. The universitas may be corpo- 
real, and the parts incorporeal, as when we imagine 
fractional parts of a thing. 8. The univcrsitas may 
1m; incorporeal, and the parts corporeal, as a flock 
of sheep. 4. The univcrsitas and the parts may 
both be incorporeal. 

The fourth is the case when the notion of a 
whole nnd its parts is not applied to things, but to 
rights : thus a man's whole property may be 
viewed as a unit, or as a universiuu, which compre- 
hend* the several rights that he has to the several 



material things which form the ideal nnit of his 
property. 

In this way we arrive at the correct notion of a 
universitas of persons, which is the notion of a 
fictitious person imagined for certain purposes, as 
the notion of a universitas of independent material 
things is the notion of a fictitious thing, imagined 
for certain purposes. 

A single person only can properly he viewed as 
the subject of rights and duties ; but the notion of 
legal capacity may by a fiction be extended to an 
imaginary person, to a universitas personarum, but 
the fictitious person is not a unit composed of the 
real persons : it is a name in which the several 
persons or a majority may act for certain permanent 
purposes. The purpose itself is sometimes the 
fictitious person, as when property is given for 
the service of religion, whether it is administered 
i by one person or several persons. Such juristical 
persons have certain legal capacities as individuals 
have ; but their legal capacities are limited to 
property as their object. It is true that the Ro- 
mans often considered persons as a collective unity, 
simply because they all exercised the same 
functions : thus they speak of the Collegium 
of the consuls [Collegium], and of the Tribuni 
I Plebis. In like manner they say that the Duum- 
' viri of a municipum are to be viewed as one person. 
(Dig. 50. tit. 1. s. 25). But these fictitious 
unities have only reference to Jus Publicum, and 
they have no necessary connection with juristical 
persons, the essential character of which is the 
capacity to have and acquire property by some 
name. 

Juristical persons could be subjects of owner- 
ship, Jura in re, obligationes, and hereditas : 
they could own slaves and have the Patronatus ; 
but all the relations of Familia, as the Patria Po- 
testas and others of a like kind, were foreign to the 
notion. But though the capacity to have property 
is the distinguishing characteristic of Juristical 
persons viewed with relation to Jus Privatum, the 
objects for which the property is had and applied 
may be any ; and the capacity to have property 
implies a purpose for which it is had, which is 
often much more important than this mere capacity. 
But the purposes for which Juristical persons have 
property are quite distinct from their capacity to 
have it. This will appear from all or any of the 
examples hereinafter given. 

The following are Juristical persons: (1) Civi- 
tas : (2) Municipes: this term is more common 
than Municipium, and comprehends both citizens 
of a Municipium and a Colony ; it is also used 
when the object is to express the Municipium as 
a whole opposed to the individual members of it. 
(8) Respublica. In the republican period, when 
used without an adjunct, Respublica expressed 
Rome, but in the old jurists it signifies a Civitas 
dependent on Rome. (4) Respublica Civitatis or 
Municipii : (5) Commune, Communitas. Besides 
the Civitales, component parts of the Civiuites are 
' also Juristical persons : (I Curiae or Dccuriom-s ; 
the word Decuriones often denotes the individuals 
composing the body of Decuriones as opi>oscd to 
the Civitas (Municipes), which appears from a 
j passage in the Digest (4. tit. 8, n. 15), where it is 
stated that an action for Dolus will not lie against 
, the Municipes, for a fictitious person cannot be 
guilty of Dolus, hut such action will lie agaiunt the 
, individual Decuriones who administer the attaint 



1216 UNIVERSITAS. 



UNIVERSITAS. 



of the Municipes. Sometimes the word Curia is 
used as equivalent to Civitas : and sometimes the 
Decuriones are spoken of as a Juristical person, 
which has property as such. (2) Vici ; which 
have no political self-existence, but are attached 
to some Respublica ; yet they are juristical per- 
sons, can hold property, and maintain suits. (3) 
Fora, Conciliabula, Castella. These were places 
between Civitates and Vici as to extent and im- 
portance ; they belonged to a Respublica, but had 
the rights of juristical persons : they are not men- 
tioned in the legislation of Justinian, but the names 
occur in the Tablet of Heraclea, in the Lex Galliae 
Cisalpinae, and in Paulus (S. It. iv. tit. 6. s. 2.) 
In the later period of the Empire, Provinces were 
viewed as juristical persons. 

In the writings of the Agrimensores, commu- 
nities, and, particularly, colonies (coloni), are desig- 
nated by the appropriate name of Publicae Per- 
sonae, and property is spoken of as belonging to 
the Coloni, that is, the Colonia, Coloni being used 
here in the same sense in which Municipes was 
used as above explained. 

Other juristical persons were (1) Religious 
bodies, as Collegia of Priests, and of the Vestal 
Virgins, which could hold property and take by 
testament. (2) Associations of official persons, 
such as those who were employed in administra- 
tion : the body of Scribae became one of the most 
numerous and important, as they were employed in 
all branches of administration ; the general name 
was Scribae, a term which includes the particular 
names of librarii, fiscales and others ; they were 
divided into subdivisions called Decuriae, a term 
which even under the Republic and also under 
the Empire denoted the corporations of Scribae ; 
the individual members were called decuriati, and 
subsequently decuriales ; the decuriati had great 
privileges in Rome and subsequently in Constanti- 
nople. (Cic. in Verr. iii. 79, ad Quint. Frat. ii. 3 ; 
Tacit. Ann. xiii. 27 ; Sueton. Aug. 57, Claud. 1.) 
(3) Associations for trade and commerce, as Fabri, 
Pistores, Navicularii, the individuals of which had 
a common profession, on which the notion of their 
union was founded ; but each man worked on his 
own account. Associations properly included under 
Societates [Societas] : such associations could be 
dissolved by the notice of any member, and were 
actually dissolved by the death of a single member. 
Some of these associations, such as those for work- 
ing Mines, Salinae, and farming the Portoria were 
corporate bodies, though they had the name of Socie- 
tates. (4) Associations, called Sodalitates, Sodalitia, 
Collegia Sodalitia, which resembled modern clubs. 
In their origin they were friendly associations for 
feasting together ; in course of time many of them 
became political associations, but from this we must 
not conclude that their true nature really varied ; 
they were associations not included in any other 
class that has been enumerated, but they differed 
in their character according to the times. In 
periods of commotion they became the central 
points of political factions, and new associations, it 
may be reasonably supposed, would be formed ex- 
pressly for political purposes. Sometimes the 
public places were crowded by the Sodalitia and 
Decuriati (Cic. ad Quint. Frat. ii. 3), and the 
Senate was at last compelled to propose a lex which 
should subject to the penalties of Vis those who 
would not disperse. This was followed by a gene- 
ral dissolution of collegia according to Asconius 



(in Cornelianam), but the dissolution only ex- 
tended to mischievous associations, as may be 
safely inferred from the nature of the case, and 
even the words of Asconius, if carefully examined, 
are not inconsistent with this conclusion. In 
the Digest (47. tit. 22. s. 1, 2, 3) we find the rule 
that no collegium could be formed without the 
permission of a Senatusconsultum or the Caesar ; 
and persons who associated unlawfully were guilty 
of an extraordinarium crimen. The rule of law 
means that no union of persons could form a 
juristical person without the consent of the proper 
authority ; and this is quite distinct from the 
other provision contained in the same rule, which 
punished associations of persons who acted as cor- 
porations, for this part of the rule relates only to 
such associations as were dangerous, or of an unde- 
fined character. 

There were also in the Imperial period the 
Collegia tenuiorum, or associations of poor people, 
but they were allowed to meet only once a month 
and they paid monthly contributions. (Dig. 47. 
tit. 22. s. 1, 3.) A man could only belong to one 
of them. Slaves could belong to such a collegium, 
with the permission of their masters. 

Communities of cities and towns have a kind of 
natural or necessary existence ; and other bodies, 
called corporations, have been fashioned by a kind 
of analogy to them, and like them can have pro- 
perty, and be represented like them by an agent, 
wherein consists the essence of a juristical person. 
Some of these corporations, like communities of 
cities and towns, were of a permanent character, 
as Colleges of Priests, Decuriae, and Companies 
of artisans ; others had a temporary character, 
as Societates and Sodalitates. All these corpo- 
rations are designated by the name either of Col- 
legium or Corpus, between which there is no legal 
distinction ; for it appears that one corporation 
was called a Collegium and another a Corpus, as it 
might happen. But both of these terms denote a 
Corporation, as above explained, as opposed to a 
Civitas or Respublica. The members of such cor- 
porations were Collegae and Sodales, which is a 
more general and an older term than Sodalitas. 
Altogether they were called Collegiati and Corpo- 
rati : the members of particular kinds of corpora- 
tions were Decuriati, Decuriales, Socii. The com- 
mon name which includes all Corporations and 
Civitates is Universitas, as opposed to which any 
individual is singularis persona. 

The notion of individual property as a unity is 
founded on the notion of the unity of the owner. 
But this notion of unity, when once established, 
may for certain purposes be arbitrarily assumed, 
and accordingly it is applied to the case of Peculi- 
um, Dos, and Hereditas, and modern writers have 
designated these as cases of a Universitas Juris. 
The name Universitas Juris does not occur in the 
Roman law. On this subject see Puchta, Inst. 
ii. § 222. The nature of Succession is explained 
under Successio. 

The term Universitas was adopted in the middle 
ages to denote certain great schools, but not as 
Schools : the term denoted these places as corpora- 
tions, that is, as associations of individuals. The 
adjunct which would express the kind of persons 
associated would depend on circumstances : thus 
in Bologna, the expression Universitas Scholarium 
was in common use ; in Paris, Universitas Magis- 
trorum. The School as such was called Schola, 



tJRNA. 



USL'CAPIO. 



1217 



and from the thirteenth century, most commonly 
Studium ; and if it was a distinguished school, it 
was called Studium Generale. The first occasion 
on which the term Universitas was applied to a 
great school is said to be in a Decretal of Innocent 
III., of the beginning of the thirteenth century, 
addressed Scholaribus Parisiensibus. 

(Savigny, System des Heutinen Rom. Rechts, i. 
378, ii. 235, iii. 8 ; Savigny, Oeschichte des Horn. 
Rechts im Mitleialter, vol. "iii. 318, 380 ; Puchta, 
Inst. ii. § 222.) [G. L ] 

VOCA'TIO IN JUS. [Actio, p. 10. b.] 
VOLO'NES is synonymous with Voluntarii 
(from volo), and might hence be applied to all 
those who volunteered to serve in the Roman 
armies without there being any obligation to do so. 
But it was applied more especially to slaves, when 
in times of need they offered or were allowed to 
fight in the Roman armies. Thus when during 
the second Punic war after the battle of Cannae 
there was not a sufficient number of freemen to 
complete the army, about 8000 young and able- 
bodied slaves offered to serve. Their proposal was 
accepted ; they received armour at the public ex- 
pense, and as they distinguished themselves they 
were honoured with the franchise. (Liv. xxii. 57, 
xxiii. 35 ; Macrob. Sat. i. 11 ; Fest s. r. Volones.) 
In after times the name volones was retained when- 
ever slaves chose or were allowed to take up arms 
in defence of their masters, which they were the 
more willing to do, as they were generally re- 
warded with the franchise. (Liv. xxiv. 11, 14, 
&c, xxvii. 38, xxviii. 46 ; J. Capitolin. M.Anto- 
mn.I'ltihs.lX.) [L. S.] 

VOLU'MEN. [Liber.] 
VOLUNTA'RII. [Volones.] 
VOMITO'RIA. [Amphitiieatrim, p. 84.] 
URAGUS. [Exercitus, p. 506, a.] 
URBA'NAE COHORTES. [Exerciti's, p. 
510, a.] 

U'RCEUS, a pitcher, or water-pot, Generally 
made of earthenware. (Dig. 33. tit. 7. s. 18 ; Hor. 
At. Poet. 22.) It was used by the priests at 
Rome in the sacrifices, and thus appears with other 
sacrificial emblems on the coins of some of the 
Roman gentcs. The annexed coin of the Pompeia 
genu has on the obverse a lituus before the head 
of Pompcius, the triumvir, and an urccus be- 
hind it. 




URNA, an urn, a Roman meajiiirc of caparity 
1 .r tluids, equal to half an A.Mi'iioHA. (Hor. Sat. 
i. L 54.) This use of the term was probably 
fon ded upon its more general application to de- 
note a vessel for holding water, or any other sub- 
stance, cither fluid or solid. (Plant I'muH. i. 2. 
24 ; Hor. Sat. i. 5. 91, ii. 6. 10 ; Ovid. Met. iii. 
172.) 

An urn was used to receive the names of the 
judges (judim) in order that the praetor ini^'lit 
draw out of it a sufficient number to determine 
causes (Hor. ('arm. iii. I. 16 ; Virg. Aen. vi. 432; 



Plin. Episi. x. 3 ; Juv. xiii. 4) : also to receive the 
ashes of the dead. [FuNUS, p. 560, a.] For this 
purpose urns were made of marble, porphyry, 
baked clay, bronze, or glass, of all forms and sizes, 
some quite simple, and others sculptured in bas- 
relief, or ornamented in an endless variety of 
ways. [J. Y.] 

URPEX. [Irpex.] 

USTRI'NA, USTRI'NUM. [Finis, p. 
559, b.] 

USUCA'PIO. The history of Usucapio is an 
important fact in the history of Roman Juris- 
prudence. Usucapio is the acquisition of Quiri- 
tarian ownership by continuous possession ; conse- 
quently, it is not possible in the case of a Pere- 
grinus nor is it applicable to provincial land. 

Gaius (ii. 40 — 42) states that there was origi- 
nally in Rome only one kind of ownership : a per- 
son was either owner of a thing Ex jure Quiritium, 
or he was not owner at all. But afterwards owner- 
ship was divided, so that one man might be owner 
Ex jure Quiritium, and another might have the 
same thing In bonis, that is, have the right to the 
exclusive enjoyment of it He then goes on to 
give an instance of the mode in which the divided 
ownership might arise by reference to the transfer 
of a Res Mancipi : if such a thing was transferred 
by bare tradition, and there was neither Mancipatio 
nor In jure cessio, the new owner only acquired the 
natural ownership, as some would call it, or only 
had it In bonis, and the original owner retained the 
Quiritarian ownership until the purchaser acquired 
the Quiritarian ownership by Usucapio {possidendo 
usucapiat) ; for when the Usucapio was completed, 
the effect was the same as if the thing had been 
originally mancipated or transferred by the In 
jure cessio. Gaius adds, " in the case of moveable 
things the Usucapio is completed in a year, but in 
the case of a fundus or aedes two years arc re- 
quired ; and so it is provided by the Twelve 
Tables." 

In this passage he is evidently speaking of Res 
Mancipi only, and of them only when transferred 
to the purchaser by the owner without the fuims 
of Mancipatio or in Jure Cessio. From this then 
it might be safely concluded that the Twelve 
Tables provided a remedy for defective modes of 
conveyance of Res Mancipi from the owner ; and 
this is all that could be concluded from this pas- 
sage. Hut a passage which immediately follows 
shows that this was all that the Twelve Tables 
did ; for Gaius (ii. 43) proceeds to say, " But 
(Ccterum) there may be Usucapio even in the case 
of those things which have come to us by tradition 
from a person who was not the owner, whether 
they arc Res Mancipi or not, provided we have 
received them bona fide, believing that he who de- 
livered (fin tradiderit) them to us was the owner. 
And this rule of law seems to have been established, 
in order that the ownership of things might not 
be long in uncertainty, seeing that one or two 
years would be quite sufficient for the owner to 
look after his property, that being the time al- 
lowed to the Possessor for Usucapio.'* 

The ri^nson for limiting the owner to one or two 
years has little force in it and possibly no his- 
torical truth ; but it is clear from this passage that 
this application of the rule of Usucapio was formed 
from analogy to the rule of the Twelve Tables, 
and that it was not contained in them. Tho 
limitation of the time of Usucapio is clear! v due to 
4 I 



1218 



USUCAPIO. 



USUCAPIO. 



the Twelve Tables, and the time applied only to 
purchases of Res Mancipi from the owner, when 
the legal forms of conveyance had been neglected. 
But the origin of Usucapio was probably still 
more remote. 

When Gaius states that there was originally 
only one kind of ownership at Rome, and that 
afterwards ownership was divided, he immediately 
shows how this arose by taking the case of a Res 
Mancipi. This division of ownership rested on the 
division of things into Res Mancipi and Res Nec 
Mancipi, a distinction that had reference to nothing 
else than the mode of transferring the property of 
them. Things were merely called Res Mancipi, 
because the ownership of them could not be trans- 
ferred without Mancipatio. Things were Res nec 
Mancipi, the alienation of which could be effected 
without Mancipatio. There could be no division 
of things into Mancipi and Nec mancipi, except 
by determining what things should be Res Mancipi. 
Res nec Mancipi are determined negatively : they 
are all things that are not Res Mancipi. But the 
negative determination pre-supposes the positive. 
Therefore Res Mancipi were determined before 
Res nec Mancipi could be determined ; and before 
the Res Mancipi were determined, there was no 
distinction of things into Bes Mancipi and Res 
nec Mancipi. But this distinction, as such, only 
affected the condition of those things to which it 
had a direct application : consequently all other 
things remained as they were before. The conclu- 
sion then is certain, that the Res Mancipi as a 
class of things were posterior in order of time to 
the class of Res nec Mancipi, which comprehended 
all things except Res Mancipi. Until then the 
class of Res Mancipi was established, all property 
at Rome could be alienated by tradition, as Res 
nec Mancipi could be alienated by tradition after 
the class of Res Mancipi was constituted. 

The time when the class of Res Mancipi was 
formed is not known ; but it is most consistent 
with all that we know to suppose that it existed 
before the Twelve Tables. If we consider the 
forms of Mancipatio [Mancipatio], we cannot 
believe that they arose in any other way than hj 
positive enactment. As soon as the forms of 
Mancipatio and of the In jure cessio (which from 
its character must be posterior to Mancipatio) 
were established, it followed that mere tradition of 
a thing to a purchaser and payment of the purchase- 
money, could not transfer the ownership of a Res 
Mancipi. The transfer gave the purchaser merely 
a Possessio, and the original owner retained the 
property. In course of time the purchaser ob- 
tained the Publiciana actio, and from this time it 
might be said that a double ownership existed in 
the same thing. 

The introduction of Mancipatio, which gave rise 
to the double ownership, was also followed by 
the introduction of Usucapio. The bona fide 
Possessor of a Res Mancipi which had not been 
transferred by Mancipatio, had no legal defence 
against the owner who claimed the thing. But he 
had the exceptio doli, and subsequently the Ex- 
ceptio rei venditae et traditae by which he could 
protect himself against the owner ; and as Possessor 
simply he had the protection of the Interdict 
against third persons. He had the full enjoyment 
of the thing, and he could transfer the possessio, 
but he could do no act with respect to it for which 
Quiritarian ownership was necessary ; consequently 



he could not alienate it by Mancipatio or In jure 
Cessio, and it was a necessary consequence that he 
could not dispose of it by Testament in the same 
way in which Quiritarian ownership was disposed 
of by Testament. The necessity for such a rule as 
that of Usucapio was evident, but it could arise 
in no other way than by positive enactment, for its 
effect was to be the same as that of Mancipatio. 
The Twelve Tables fixed the term of Usucapio, 
but we do not know whether they fixed or merely 
confirmed the rule of law as to Usucapio. 

It is a mistake to suppose that tradition or de- 
livery was a part of Mancipatio as such. Manci- 
patio was merely a form of transferring ownership 
which was fixed by law, and the characteristic of 
which was publicity : a delivery of the thing would 
of course generally follow, but it was no part of 
the transfer of ownership. Land (praedia) for 
instance could be mancipated without delivery 
(in absentia mancipari solent, Ulp. Frag. tit. 18 ; 
Gaius, i. 121.) In the case of moveable things, 
it was necessary that they should be present, not 
for the purpose of delivery, but that the thing 
mancipated might be identified by apprehension. 
The essential to the transfer of ownership in all 
countries, is the consent of two persons, who have 
legal capacity to consent, the seller and the buyer. 
All the rest is form that may be varied infinitely : 
this consent is the substance. Yet tradition as a 
form of transfer was undoubtedly the old Roman 
form, and consent alone was not sufficient ; and it 
may be admitted that consent alone was never suffi- 
cient for the transfer of ownership without affecting 
the principle laid down that consent alone is es- 
sential in the transfer of ownership. This appa- 
rent incongruity is ingeniously and sufficiently ex- 
plained in the following manner: "Tradition owes 
its origin to a time when men could not sufficiently 
separate in their minds Physical ownership, or the 
dominium over a thing, from Legal ownership. As 
a man can only call a bird in the air or a wild 
animal in the forest his own when he has caught 
it ; so men thought that tradition must be added to 
contract in order to enable a man to claim the 
thing as his own." (Engelbach, Ueber die Usuca- 
pion, &c. p. 60.) 

Besides the case of property there might be 
Usucapio in the case of Servitutes, Marriage, and 
Hereditas. But as Servitutes praediorum rusticorum 
could only be the objects of Mancipatio and could 
only be established by the same form by which 
ownership of Res Mancipi was transferred, so ac- 
cording to the old law, these Servitutes alone could 
be the object of Usucapio ; and, as it is contended 
by Engelbach, only in the case of Aquaeductus, 
Haustus, Iter and Actus. But as the ownership 
of Res Mancipi could be acquired by bare tradition 
followed by usucapio, so these servitutes could be 
established by contract and could be fully acquired 
by Usucapio. In the later Roman law, when the 
form of Mancipatio was replaced by mere tradition, 
servitutes could be established per pacta et stipu- 
lations only. In the case of a Marriage Coemp- 
tione, the form of Mancipatio was used, and the 
effect was that the woman came into the hand of 
her husband, and became part of his Familia. The 
marriage (Jsu could not of itself effect this, but if 
the woman lived with her husband a year, she 
passed into his Familia by Usucapio (velut annua 
possessione usucapiebatur) : and accordingly it was 
provided by the laws of the Twelve Tables, that if 



USUCAPIO. 



USUCAPIO. 



1219 



she did not wish thus to come into her husband's 
hand, she must in every year absent herself from 
him for three nights in order to interrupt the usus. 
(Gaius, L 110.) Thus Usucapio added to Usus 
produced the effect of Coemptio. In the case of 
the Hereditas, when the testator had the testamenti 
factio, and had disposed of his property without 
observing the forms of Mancipatio and Xuncupatio, 
the person whom he had named his heres, could ob- 
tain the legal ownership of the hereditas by Usu- 
capio. (Gaius, ii. 54.) In all these cases then the 
old law as to Usucapio was this : when the positive 
law had required the forms of Mancipatio in order 
that a certain end should be effected, Usucapio sup- 
plied the defect of form, by converting a possessio 
(subsequently called In bonis) into Dominium ex 
jure Quiritium. Usucapio then was not originally a 
mode of acquisition, but it was a mode by which 
a defect in the mode of acquisition was supplied, 
and this defect was supplied by the use of the 
thing, or the exercise of the right. The end of 
Usucapio was to combine the beneficial with the 
Quiritarian ownership of a thing. Accordingly the 
original name for Usucapio was Usus Auctoritas, 
the auctoritas of usus or that which gives to Usus 
its efficacy and completeness, a sense of Auctoritas 
which is common in the Roman Law. Some say 
that usus auctoritas is usus et auctoritas. (Cic. Pro 
Caecin. 19.) [Auctoritas ; Tutei.a.] But Usus 
alone never signifies Usucapio ; and consistently 
with this, in those cases where there could be no 
Usucapio, the Roman writers speak of Usus only. 
Possessio is the Usus of a piece of ground as op- 
posed to the ownership of it ; and the term Usus 
was applied to the enjoyment of land of which a 
man cither had not the ownership or of which he 
could not have the ownership, as the Ager publicus. 
In the later law, as it is known to us in the Pan- 
dect, Usucapio was a mode of acquiring ownership, 
the term Usus Auctoritas was replaced by the 
phrase Usu Capere, and in the place of Usucapio 
sometimes the phrase " possessione or longa pos- 
sessione capere " occurs ; but Possessio alone never 
is used for Usucapio. In order to establish the 
title by Usucapio, the Possession must be continuous 
or uninterrupted during the whole Usucapion. If 
there was an interruption of the Possession (usur- 
palio), and the Possession was acquired again, this 
was the commencement of a new Usucapio. The 
possession must also have a legal origin, without 
which the possession would have no effect. The 
possessor must be able to show an origin of his 
possession which would give him at least bonitarian 
ownership : this was called justa causa possessionis, 
titulus usucapionis. The causa might be a bargain 
and sale, a gift (donatio), a legacy and others. 

It appears from a passage of Gaius already 
quoted, that in his time Usucapio was a regular 
mode of acquisition, which was applicable to things 
which had come to a man by tradition from one 
who was not the owner, and was applicable both 
to Res Mancipi and Nec Mancipi, if the possessor 
acquired the possession of them bona fide, that is, 
for instance, if he believed that he brought them 
from the owner. There were however some ex- 
ceptions to this rule : a man could never acquire 
the ownership of a stolen thing by Usucapio, for 
the Twelve Tablei prevented it, ami t!n- \.\ Julia 
et Plautia prevented Usucapio in the case of a 
thing Vi posscisa. The meaning of the law was 
not that the thief or the robber could not acquire 



the ownership by Usucapio, for the mala fides in 
which their possession originated was an obstacle 
to the Usucapio, but no person who bona fide 
bought the thing that was stolen or vi possesso, 
could acquire the ownership by Usucapio. (Gains, 
ii. 45.) According to other authorities the rule as 
to a stolen thing was established by the Lex 
Atinia. Provincial lands also were not objects of 
Usucapio. 

If a woman was in the tutela of her agnati, her 
Res Mancipi could not be objects of Usucapio, 
unless they had been received from her by traditio 
with the auctoritas of her tutor ; and this was a 
provision of the Twelve Tables. The legal incapa- 
city of the woman to transfer ownership by Man- 
cipatio must be the origin of this rule. The 
property of a woman who was in Tutela legitima 
could not be an object of Usucapio, as Cicero ex- 
plains to Atticus (de tutela legitima nihil usucapi 
posse, ad Att. i. 5). The foundation of this rule, 
according to some, was the legal incapacity of a 
woman who was in the tutela of her Agnati, to 
makeawilL [Testamentu.m ; but see Tutela.] 

In order to acquire by usucapio, a person must 
have the capacity of Roman ownership ; conse- 
quently all persons were excluded from acquiring 
by Usucapio who had not the Commercium. The 
passage quoted by Cicero (de Offic. i. 12) from the 
Twelve Tables, " adversum hostcm (i. e. pere- 
grinuni) aetema auctoritas," is alleged in support 
of this rule of law ; that is, a Peregrinus may have 
the use of a Res Mancipi which has been trans- 
ferred by traditio, but he can never acquire any- 
thing more by Usucapio. 

Things could not be objects of Usucapio, which 
were not objects of Commercium. Accordingly all 
Res divini juris, such as temples and lands dedi- 
cated to the gods, and Res communes could not be 
objects of Usucapio. The Limits or bounds by 
which the Romanus Ager was marked out were 
consequently not objects of Usucapio, as to which 
there was a provision in the Twelve Tables. (Cic. 
de Isy. i. 21. "Quoniam usucapionem intra quinque 
pedes esse noluerunt.") The Quinque pedes are the 
limites lincarii, the breadth of which was fixed at 
five feet by a Lex Mamilia. The approach to a 
sepulchre was also not an object of Usucapio. 
Free men could not be objects of Usucapio. (Gaius, 
ii. 48.) 

In the time of Gaius (ii. 51) a man might take 
possession of another person's land, provided ho 
used no force (vis), the possession of which was 
vacant either from the carelessness of the owner, or 
because the owner had died without a Successor 
[Successio], or had been long absent ; and if he 
transferred the field to a bona fide purchaser, the 
purchaser could acquire the ownership by Usuca- 
pio, even though the seller knew that the field wag 
not his own. This rule was established against 
the opinion of those who contended that a Fundus 
could be Furtivus or an object of theft. Hut a 
man might in some cases acquire by Usucapio the 
ownership of a thing which he knew to be not his 
own : as if a man had possession of a thing be- 
longing to the hereditas, of which the heres had 
never acquired the possession, provided it was a 
thing that could be an object of Usucapio. This 
species of possessio and usucapio was allied Pro 
heredc: and even things immovable (»/««<• solo 
cimtmmtur) could be thus acquired by one year's 
usucapio. The reason was this : the Twelve Tublcs 
4 i 9 



1220 



USUCAPIO. 



USUCAPIO. 



declared that the ownership of res soli could be 
acquired by usucapio in two years, and all other 
things in one year : now as the hereditas was not 
a res soli it must be included in the " other things," 
and it was further determined that the several 
things which made up the hereditas must follow 
the rule as to the hereditas ; and though the rule 
as to the hereditas was changed, it continued as to 
all the things comprised in it. (Seneca, De Bene/. 
vi. 5.) The reason of this " improba possessio et usu- 
capio," says Gaius, was that the heres might be in- 
duced the sooner to take possession of the hereditas, 
and that there might be somebody to discharge the 
sacra, which in ancient times {illis temporibus) were 
very strictly observed ; and also that there might 
be somebody against whom the creditors might 
make their demands. This kind of Possessio and 
Usucapio was called Lucrativa. In the time of 
Gaius it had ceased to exist, for a Senatusconsultum 
of Hadrian's time enabled the heres to recover that 
which had been acquired by Usucapio, just as if 
there had been no Usucapio ; but in the case of a 
heres necessarius, the old rule still remained. 
(Gaius, ii. 52—58 ; Cic. Top. 6 ; Plin. Ep. v. 1.) 

Gaius mentions a mode of acquisition under the 
name of Usureceptio. If a man mancipated a 
thing to a friend or transferred it by the In Jure 
Cessio, simply in order that the thing might be in 
his friend's safe keeping (fiduciae causa ; quod 
tuttus nostrae res apud eum essent), he had always 
a capacity for recovering it. In order to recover 
immediately the Quiritarian ownership of the thing, 
Remancipatio was necessary ; but if the thing was 
transferred to him by traditio, the Remancipatio 
was completed by Usucapio, or as it is here called 
by Usureceptio : for Usureceptio differs in no re- 
spect from Usucapio, except that the person who 
acquires the Quiritarian ownership by Usus, in the 
one case acquires (capit), in the other re-acquires 
(recipit) the thing. In the case of a pignorated 
thing, the debtor's capacity to recover by Usure- 
ceptio was the same as in the case of Fiducia as 
soon as he had paid his debt to the creditor : and 
even if he had not paid the money and had ob- 
tained possession of the thing neither by hiring it 
from the creditor, nor precario, he had a lucrativa 
usucapio, which was a usureceptio and was pro- 
bably formed from analogy to the lucrativa usu- 
capio pro herede. 

Servitutes praediorum rusticorum were estab- 
lished, at least according to the old law, by Man- 
cipatio : the right to the Servitutes could only be 
properly extinguished by a Remancipatio. If the 
Servitus was extinguished by mere agreement, 
there must be a usureceptio on the part of the 
owner of the servient tenement in order to com- 
plete its legal release from the Servitus. In order 
that the possession of the libertas of the servient 
land might be enjoyed uninterruptedly for two 
years, there must be for the same time a total ab- 
stinence from all exercise of the right on the part 
of him who had the servitus. Subsequently, it 
was considered sufficient if the person entitled to 
the Servitus did not exercise his right for two 
years. 

When usucapio was established as a means of 
giving the Quiritarian ownership to him who had 
acquired a thing In bonis, the form of mancipatio 
must have gradually lost its importance, and Usu- 
capio came to be viewed as a mode of acquisition. 
Accordingly, it has been already observed, it be- 



came applicable to all cases of bona fide possession, 
whether the thing was a Res Mancipi or not. 
Formerly if a will had been made in due form ex- 
cept as to Mancipation and Nuncupation, the heres 
acquired the hereditas by Usucapio ; but with the 
introduction of the Praetorian Testament [Testa- 
mentum] and the Bonorum Possessio, the Bonorum 
Possessor obtained the right to actiones fictitiae or 
utiles in all cases where the deceased had a right 
of action, and he acquired by Usucapio the Quiri- 
tarian ownership of the several things which were 
included in the hereditas. In course of time it came 
to be considered by the jurists as a rule of law that 
there could be no Usucapio of an hereditas. (Gaius, 
ii. 54.) In like manner in the case of Servitutes 
established by contract, the introduction of the 
Actio Publiciana rendered the doctrine of Usucapio 
unnecessary, and a Scribonia Lex is mentioned 
which repealed all Usucapio of Servitutes. (Big. 
41. tit. 3. s. 4. § 29.) But this Lex only applied 
to the establishment of servitutes ; it did not affect 
that Usucapio by which the freedom of a servient 
piece of land was effected. It became a maxim of 
law : servitutes praediorum rusticorum non utendo 
amittuntur, which, viewed with respect to the ser- 
vient land, was a Usureceptio. In this sense 
" usurpata recipitur " seems to be used in a passage 
of Paulus (S. R. i. tit. 17. s. 2). " Usurpari " is 
commonly used in the sense of " uti," and in this 
passage of Paulus " usurpata recipitur " seems 
equivalent to " usu recipitur ; " though this is not 
the meaning that has usually been given to this 
passage. 

In the case of marriage also Usucapio fell into 
disuse (Gaius, i. 111). 

But in other respects usucapio subsisted. He 
who had acquired a Res Mancipi by tradition, had 
now a Praetorian ownership, and he had a right of 
action in respect of this ownership, which was 
analogous to the Rei Vindicatio. But Usucapio 
was still necessary to give him Quiritarian owner- 
ship and its consequent advantages. The distinc- 
tion between Res Mancipi and Nec Mancipi ex- 
isted, and as a consequence the Testamentum per 
aes et libram subsisted at the same time with the 
Praetorian Testament. 

When finally all distinction was abolished be- 
tween Res Mancipi and Nec Mancipi, and the 
ownership of all things could be acquired by Tra- 
ditio and Occupatio, that kind of Usucapio ceased 
by which a thing In bonis became a man's Ex 
Jure Quiritium. All Usucapio was now the same, 
and its general definition became " adjectio do- 
minii per continuationem possessionis temporis lege 
definiti." (Dig. 41. tit. 3. s. 2, De Usurpationibus 
et Usucapionibus.) By a constitution of Justinian 
(Inst. 2. tit. 6, De Usucapionibus et longi temporis 
possessionibus) it was enacted that there might be 
usucapion of Res Mobiles in three years, and of 
Res Immobiles " per longi temporis possessionem," 
which is explained to be ten years "inter prae- 
sentes," and twenty years " inter absentes ; " and 
this applied to the whole Roman Empire, so that 
ownership of all things could be acquired on these 
terms within the whole Roman empire ; but the 
conditions of " justus titulus," " bona fides," and 
the capability of the thing to be an object of usu- 
capion were still required. The absence of a justus 
titulus or the fact of the thing being not capable 
of usucapion, did not deprive the possessor of the 
title by usucapion, but a possession of thirty, or 



USUSFRUCTUS. 



USUSFRUCTUS. 



1221 



in some cases, forty years was required. From 
this time the terms Usucapio and Longi temporis 
praescriptio, were used indifferently, as some writers 
suppose, though on this point there is not uniformity 
of opinion. 

(Engelbach, Ueier die Csvcapion zur zeit der 
Zwotf Tafeln, Marburg 1828 ; Muhlenbnich, 
Doclrin. Pandect. § 261, &c. ; L'eler die Usucapio, 
pro herede von Arndts, U/iein. Mus. fur Jurispru- 
denz, vol. ii. p. 125 ; Puchta, Inst. ii. § 239.) [G. L.] 

USURAE. [Fenls, p. 526, b.] 

USURPATIO. One sense of this word is 
" Usucapionis intcrruptio," (Dig. 41. tit. 3. 8. 2.) 
Appius Claudius, not the Decemvir, but he who 
made the Appia Via and brought the Aqua Claudia 
to Rome, wrote a book De Usurpationibus, which 
was not extant in the time of Pomponius. (Dig. 1. 
tit. 2. s. 36.) In some cases " usurpatio " means 
the preservation of a right by the exercise of it, as 
"jus usurpatum,'' in the case of a Servitus aquae 
ducendae ; and this nearly agrees with that sense 
of Usurpare which is equivalent to Uti. [Usu- 
capio.] As to the passage in Gellius, iii. 2, see 
Savigny, System, 6cc. IT. 365. [G. L.] 

USUS. [Matrimonii\m, p. 741.] 

USUS. [UsUSPRfCTCS.] 

USUSFRUCTUS and USUS were Personal 
Servitutes. [Serviti;tes.] (Dig. 8. tit. 1. s. 1.) 
Ususfnictus is defined to be "jus alienis rebus 
utendi fruendi salva rerum substantia." (Dig. 7. 
tit. 1. s. 1.) Accordingly Ususfnictus comprehended 
the "jus utendi" and the "jus fruendi." Usus 
comprehended only the "jus utendi." The com- 
plete distinction between Ususfnictus and Usus 
will only appear from a statement of what each is. 

A ususfructu3 was the right to the enjoyment of 
the fruits of a thing by one person, while the 
ownership (proprietas) belonged to another. It 
could be established by Testament, which was the 
common case, as when the Hcres was required to 
give to another the ususfnictus of a thing ; and it 
could also be established by contract between the 
owner of a thing and him who contracted for the 
Ususfnictus. He who had the Ususfnictus was 
Ususfructuarius or Fructuarius, and the object of 
the Ususfnictus was Res Fructuaria. The utmost 
limit of Ususfnictus and Usus was the life of the 
person who had the right. Thus the Ususfnictus 
and Usus were generally life estates ; but not more. 
(Dig. 45. tit 1. s. 38. § 12.) 

There might be Ususfnictus both in Pracdia 
Rustica and Urbana, in slaves, beasts of burden 
and other things ; and a Ususfructus of a whole 
property (omnium bonorum) might be given ; or 
of some aliquot part. (Dig. 32. tit. 2. s. 37, 43.) 

I f the Ususfructus of a thing was bequeathed to 
a person, all the " fmctus " of the thing belonged 
to the Fructuarius during the time of his enjoy- 
ment Consequently if the Ususfructus of a piece 
of land was given to him, he was iutillcd to collect 
and have for his own all the fructus that were al- 
ready on the land, and all that were produced on 
it during the time of his enjoyment. Hut as he 
only acquired the ownership of the fructus by col- 
lecting them (pcrceptio), he was not intitlcd to 
fmctus, which existed on the land at the time 
w ln-n his right endi'd, nnd which he had not col- 
lected : quidquid in fundn mucitur, Tel quidquid 
indr percipitur, ad fructuarium pertinet (Dig. 7. 
tit. I. s.5!). S I ; tit. 4. a, 13.) 

He waj bound not to injure the land, and he 



was bound to cultivate it properly. As to quarries 
and mines, he could work them for his benefit, if he 
worked them properly (quasi bonus paterfamilias). 
If after the bequest of the ususfructus, minerals 
were found on the land, he could work them. He 
could be compelled to plant new trees in the place 
of those which died, and generally to keep the land 
in good condition. If the ususfructus was of acdes, 
the fructuarius was intitled to all the rents and 
profits which he received during the time of his 
enjoyment. He could be compelled to keep a 
house in repair, but it seems to be doubtful how 
far he was bound to rebuild the house if it fell 
down from decay : at any rate he was liable for all 
moderate and reasonable expenses which were ne- 
cessary for the maintenance of the property. 

The Fructuarius could not alienate the right to 
the ususfructus, though he might give to another 
the usus of his right ; and he might surrender the 
right to the Ususfructus to the owner of the thing. 
He could not subject the thing to servitutes ; nor 
could the owner do this even with the consent of 
the fructuarius. The Fructuarius could make such 
changes or alterations in the thing as would im- 
prove it, but not such as would in any way dete- 
riorate the thing, or even render the maintenance 
of it a greater burden. Consequently he had 
greater power over cultivated land than over houses 
or pleasure-grounds, for a part of the value of 
houses or pleasure-grounds and things of the like 
kind consists in opinion, and must be measured by 
the rank, wealth, and peculiar disposition of the 
owner. 

The fructuarius could maintain or defend his 
rights by action and by interdicts. On the com- 
pletion of the time of the Ususfructus, the thing 
was to be restored to the owner, who could gene- 
rally require securities from the fructuarius both 
fur the proper use of the thing and for its restora- 
tion in due time. This security was in some cases 
dispensed with by positive enactments, and in 
other cases by agreement ; but it could not be dis- 
pensed with by testament. 

Originally there could be no Ususfructus in 
things unless they were things corporeal and such 
as could be restored entire, when the time of 
Ususfructus had expired. But by a Senatuscon- 
sultum of uncertain date, there might he quasi 
ususfnictus of things which were consumed in the 
use, and in this case the fructuarius in fact became 
the owner of the things, but was bound to give 
security that he would either restore as much in 
quantity and value as he had received, or the value 
of the things in money. (Dig. 7. tit. 5. s. 7 ; and 
compare Randal] v. Russell, 8 Mar. I!)0.) It is 
generally supposed that this Senatusconsultum was 
passed in the time of Augustus, and a passage of 
Cicero ( Tup. 3) is alleged to show that it did not 
exist in the time of Cicero : " Non debet ea mulier, 
cui vir bonorum suonim usumfructum legavit, cellis 
vinariis ct oleariis plenis relictis, putare id ad so 
pertinere. Usus cnim non abusus legatur." The 
only difficulty is in the words " id ad se pertinere," 
which are usually translated "these things, (the 
celiac vinariae, tic) arc not objects of Ususfnictus," 
from which it is infrrred that there was nt that 
time no Ususfructus in things which were con- 
sumed in the Use. Hut if this is the sense, tin- 
words which follow, " for the usus, not the abusus 
(power to consume) is the object of the legacy," 
hare no clear meaning. These words simply sig- 
4 I 3 



1222 USUSFRUCTUS. 



XENELASIA. 



nify that a Usus is given, not an Abusus ; but 
this does not prove that an abusus could not be 
given. Puchta shows that the phrase " res pertinet 
ad usufructuarium," which exactly corresponds to 
the phrase in Cicero, does not mean " that the 
thing is an object of ususfructus," but that " it be- 
longs to the fructuarius." In the Digest (7. tit. 1. 
s. 68) the question is, whether the young child of 
a female slave belongs to the fructuarius (an partus 
ad fructuarium pertineat), and it is answered in 
the negative, with the following explanation : "nec 
usumfructum in eo fructuarius habebit." The pas- 
sage of Cicero therefore will mean, that wine and 
oil in the testator's possession are not given to her 
by a bequest of the ususfructus of his property, 
for it is usus, that is, the enjoyment of the future 
fruits, which is given, and not " abusus " or the 
power to consume fruits which already exist. In 
other words the testator gives the woman a Usus- 
fructus in all his property, that is a right to gather 
the fruits, but he does not give the wine and oil, 
which are fruits already gathered, to the woman 
to be her property as if she had gathered them 
during her Ususfructus. Puchta contends that 
" abusus " does not necessarily signify that there 
could be " abusus " only in the case of things 
" quae usu consumuntur : " he says that in the 
place of wine and oil Cicero might have given the 
young of animals, as an example without altering 
his expression. If this interpretation is correct, 
Puchta contends that the Senatusconsultum as 
to Quasi ususfructus is older than the time of 
Cicero. 

Usus is defined (Dig. 7. tit. 8. s. 2) by the 
negation of " frui : " " cui usus relictus est, uti 
potest, frui vero non potest." The title of the 
Digest above referred to is "De Usu et habitatione," 
and the instances given under that title mainly 
refer to the use of a house or part of a house. Ac- 
cordingly the usus of a house might be bequeathed 
without the fructus (Dig. 7. tit. 8. s. 18) : it has 
been already explained what is the extent of the 
meaning of Ususfructus of a house. The usus of 
a thing implies the power of using it either for ne- 
cessary purposes or purposes of pleasure. The man 
who was intitled to the usus could not give the thing 
to another to use, though a man who had the usus 
of a house could allow another to lodge with him. 
A man who had the usus of an estate could take 
wood for daily use, and could enjoy the orchard, 
the fruit, flowers and water, provided he used them 
in moderation, or as it is expressed " non usque ad 
compendium, sed ad usum scilicet non abusum." 
If the usus of cattle (pecus) was left, the usuarius 
was intitled to a moderate allowance of milk. If 
the usus of a herd of oxen was bequeathed to a 
man, he could use the oxen for ploughing and for 
all purposes for which oxen are adapted. If the 
usus was of things which were consumed in the 
use, then the usus was the same as Ususfructus. 
(Dig. 7. tit. 5. s. S. § 2 ; s. 10. § 1.) Usus was in 
its nature indivisible, and accordingly part of a 
Usus could not be given as a legacy, though per- 
sons might have the fructus of a thing in common. 
(Dig. 7. tit. 8. s. 19.) As to his duties the usu- 
arius was in most respects like the fructuarius. In 
some cases Usus is equivalent to Ususfructus, as 
where there can be no usus of a thing without a 
taking of the Fructus. As to Usus in the English 
system, see Slanning v. Style, 3 P. Wins. p. 335, 
and Hyde v. Parratt, 1 P. Wms. p. 1. 



(Inst. 2. tit. 4 ; Dig. 7. tit. 1, &c. ; Frag. Vat'. 
de Usu/ructu; Miihlenbruch, Doct. Pandect. § 284, 
&c. ; Ueber das alter des Quasiususfructus, Von 
Puchta, Rhein. Museum fur Jurisprudent, vol. iii. 
p. 82.) [G. L.] 

UTERINI. [Cognati.] 

UTI POSSIDETIS. [Interdictum.] 

UTILIS ACTIO. [Actio, p. 10, a.] 

UTRES. [Vinum, p. 1203, b.] 

UTRICULA'RIUS. [Tibia.] 

UTRUBI. [Interdictum.] 1 

VULCAN A'LIA, a festival celebrated at Rome 
in honour of Vulcan, on the 23d of August (x. 
Calend. Sept.) with games in the circus Flaminius, 
where the god had a temple. (Inscript. ap. Gruter. 
Ixi. 3, cxxxiv. ; Publ. Vict, de regionib. urb. Ro- 
mae, 9.) The sacrifice on this occasion consisted 
of fishes which the people threw into the fire. 
(Varro, de Ling. Lot. vi. 20.) It was also cus- 
tomary on this day to commence working by candle- 
light, which was probably considered as an auspi- 
cious beginning of the use of fire, as the day was 
sacred to the god of this element. (Plin. Epist. 
iii. 5.) It was on the day of this festival that the 
consul Q. Fulvius Nobilior received a severe de- 
feat from the Celtiberians, B. c. 153. It became 
an ater dies in consequence. (Appian, Hisp. 
45.) [L. S.] 

VULGA'RES. [Servus, p. 1041, b.] 

UXOR. [Matrimonitjm, p. 740, b.] 

UXO'RIUM. [Aes Uxorium.] 

X. 

XENA'GI (Xevayo'i). The Spartans, as being 
the head of that Peloponnesian and Dorian league, 
which was formed to secure the independence of the 
Greek states, had the sole command of the con- 
federate troops in time of war, ordered the quotas 
which each state was to furnish, and appointed 
officers of their own to command them. Such 
officers were called £61/0701'. The generals whom 
the allies sent with their troops were subordinate 
to these Spartan ^vayo't, though they attended the 
council of war, as representatives of their respec- 
tive countries. (Thucyd. ii. 7, 10, 75, v. 54; 
Xenoph. Hell. iii. 5. §7, Agesil. ii. 10.) After 
the peace of Antalcidas, the league was still more 
firmly established, though Argos refused to join 
it ; and the Spartans were rigorous in exacting the 
required military service, demanding levies by the 
(T/curaAT}, and sending out £evayol to collect them. 
(Xenoph. HelLv. 2. §§ 7, 37, vi. 3. §7; Wachs- 
muth, Hell. Alterth. vol. i. pt. ii. pp. 114, 241, 1st 
ed.; SchSmmn, A nt.jur. Pub. Gr. p. 426.) [C.R.K.] 

XENELA'SIA (^Wa). The Lacedae- 
monians appear in very early times, before the 
legislation of Lycurgus, to have been averse to in- 
tercourse with foreigners (|eVo«rt ajrpdVjUiKTOi, 
Herod, i. 65). This disposition was encouraged 
by the lawgiver, who made an ordinance forbidding 
strangers to reside at Sparta, without special per- 
mission, and empowering the magistrate to expel 
from the city any stranger who misconducted him- 
self, or set an example injurious to public morals. 
Such jurisdiction was exercised by the Ephori. 
Thucydides (ii. 39) makes Pericles reproach the 
Lacedaemonians with this practice, as if its object 
were to prevent foreigners from becoming acquainted 
with such institutions and means of defence as would 



XEXIAS GRAPHE. 



XESTES. 



1223 



be dangerous for an enemy to know. The intention 
of Lycurgus, more probably, was to preserve the 
national character of his countrymen, and prevent 
their being corrupted by foreign manners and vices 
(as Xenophon says), otws p.T} (laStuvpyias ol troXtrai 
airh twv \ivuv ipvlrXauno. (De Rep. Laced, xiv. 
4 ; compare PluL Lycurg. 27.) With the same 
view the Spartan3 were themselves forbidden to 
go abroad without leave of the magistrate. Both 
these rules, as well as the feelings of the people 
on the subject, were much relaxed in later times 
when foreign rule and supremacy became the ob- 
ject of Spartan ambition. Even at an earlier 
period we find that the Spartans knew how to ob- 
serve the laws of hospitality upon fit and proper 
occasions, such as public festivals, the reception 
of ambassadors, &c. (Xenoph. Mem. i. 2. § 61.) 
They worshipped a Zeus (eVios and 'Aflovo {evict. 
(Pausan. iiL ]. § 111.) The connection, called 
by the Greeks irpo{evta, was cultivated at Sparta 
both by the state and by individuals ; of which 
their connection with the Peisistratidae is an ex- 
ample ; and also that of a Spartan family with 
the family of Alcibiades. (Thucyd. v. 43, vi. 89, 
viii. 6 ; Herod, v. 91 ; compare vi. 57.) [HosPI- 
til'.m.] Many illustrious men are reported to 
have resided at Sparta with honour, as Terpander, 
Theognis, and others. (Schomann, Ant.jur. Publ. 
Or. p. 142.) Xenophon was highly esteemed by 
the nation, and made Spartan irpi^evos. (See 
further on the subject of the |evi;\o<ria, Thucyd. i. 
144, with Goeller's notes ; Aristoph. Ares, 1013; 
llarpocr. s. r. Kal yap rb injSiva.) [C. R. K.] 

XE'NIAS GRAPHE ((evicts ypotfm). This 
was a prosecution at Athens for unlawfully usurping 
the rights of citizenship. As no man could be an 
Athenian citizen, except by birth or creation 
(ye'vet or iroiTjerei), if one, having neither of those 
titles, assumed to act as a citizen, cither by taking 
part in the popular assembly, or by serving any 
office, judicial or magisterial, or by attending cer- 
tain festivals, or doing any other act which none 
but a citizen was privileged to do, he was liable to 
a 7,«-.v, (evicts, which any citizen might institute 
against him. (Demosth. c. Timoth. 1204.) Or 
he might be proceeded against by flaayytK'ia. 
(Schomann, de Comit. p. 187.) If condemned, 
his property and person were forfeited to the state, 
and he was forthwith to be sold for a slave. (De- 
mosth. Epist. i. 1481.) The judgment however 
was arrested, if he brought a Si'ktj tytvoouaprvpi&v 
against the witnesses who had procured his convic- 
tion, and convicted them of giving false testimony. 
During Buch proceeding he was kept in safe custody 
to abide the event. [Maktvhia.] When a person 
tried on this charge was acquitted by means of 
fraudulent collusion with the prosecutor or wit- 
nesses, or by any species of bribery, he was liable 
to be indicted afresh by a yptupM 8a>po(fWas, the 
proceedings in which, and the penalty, were the 
same as in the ypa(frq (evicts. The jurisdiction in 
these matters belonged, in the time of Demosthenes, 
to the Thesmothetae, but anciently, at least in the 
time of Lysias, to the Nautodirne. (llarpocr. i. r. 
Aup»(<via, riapa<TTa<Tit, NaurocuKCu ; llrsych. and 
Kuidas, ». «. Eevi'as tin), NctuToJiicai ; Pollux, viii. 
40. 136] Meier, Alt. I'rnc. pp. H3, 847,761.) 

In order to prevent fraudulent enrolment in the 
register of the Sfjitoi, or Kri^iapxixlv ypafinartiov, 
which wns important evidence of citizenship, the 
briiiuTcu themselves were at liberty to revise their 



register, and expunge the names of those who had 
been improperly admitted. From their decision 
there was an appeal to a court of justice, upon 
which the question to be tried was much the same 
as in the ypa(pri (evicts, and the appellant, if he 
obtained a verdict, was restored to the register ; 
but if judgment was given against him, was sold 
for a slave. [Demits.] (Harpocr. s. v. Ato\^<picrts : 
Schomann, de Comit. p. 381.) For an example of 
this see the speech of Demosthenes against Eu- 
bulides. [C.E.K.] 
XENI ((e'voi), mercenaries. [Mercenarii.] 
XEXUS, XENIA ((e'vos, (evict). [Hospi- 

TllTM.] 

XESTES ((e'o-TTjs), a Greek measure of capacity, 
both fluid and solid, which contained 12 cyathi or 
2 cotylae, and was equal to l-6th of the x "^ 
l-48th of the Roman amphora quadruntul, and 
l-72nd of the Attic amphora metretes ; or, viewing 
it as a dry measure, it was half the choenix and 
l-9uth of the medimnus. It contained very nearly 
a pint English. 

It is thought desirable to add here a few words 
to the remarks made under Mensura, Pondera, 
and QfADRANTAL, respecting the connection be- 
tween the Greek and Roman measures of weight 
and capacity, according to the views of Bb'ckh. 

At this point the Roman and Attic systems of 
measures coincide ; for, though the (e'orTjs may 
perhaps have varied in different states of Greece, 
there is no doubt that the Attic (e'cn-ijs was iden- 
tical, both in name and in value, with the Roman 
sextarius : in fact the word (e'crT7js seems to be 
only an Hellenic form of sextarius. Also the Attic 
XoSs was equal to the Roman congius, for the 
(e'crT7js was the sixth of the former, and the sex- 
tarius the sixth of the latter. Further, the Attic 
metretes or amphora contained 12 x oeJ > an( l the Ro- 
man amphora contained 8 congii ; giving for the 
ratio of the former to the latter 3 : 2 or U : 1. 
Again, the Attic medimnus was the double of the 
Roman amphora, and was to the metretes in the 
ratio of 4 : 3 : and the Roman modius was the 
sixth of the Attic medimnus, and the third of the 
Roman amphora. Hence the two systems are 
connected by the numbers 2 and 3 and their 
multiples. 

How and when did this relation arise ? It can- 
not be accidental, nor can we suppose that the 
Greek system was modelled upon the Roman, 
since the former existed long before the Roman 
conquest of Greece. We must therefore suppose 
that the Roman system was in some way adapted 
to the Greek. It is a remarkable circumstance 
that the uncial system of division, which character- 
ised the Roman weights and measures [As ; Un- 
ci a], is not found in the genuine Roman mensures 
of capacity (for the use of the cyathus as the uiicia 
of the sextarius appears to have originated with 
the Greek physicians in later times) : and this is 
the more remarkable, as it is adopted in the Greek 
system ; the Greek amphora being divided into 12 
X"'i, and the Rinnan into 8 rongii, instead of 12. 
In the Roman foot again, besides the uncial divi- 
sion, we have the division into 4 palmi nnd lb' 
diijiti, which seems clrnrly to have been borrowed 
from the Greek division into 4 irciAcucrTctl and 16 
JcUtuAoi. It seems therefore highly probable that 
the (Jreck system of measures had a considerable 
influence on that of the Romans. 

To find the origin of this connection, wc must 
4 l 4 



1224 



ZETETAE. 



ZONA. 



look from the measures to the weights, for hoth 
systems were undoubtedly founded on weight. 
The Roman amphora or quadrantal contained 80 
pounds (whether of wine or water does not matter 
here), and the congius 10 pounds. Also the Attic 
talent was reckoned equal to 80 Roman pounds, 
and contained 60 minae. Therefore the Attic 
mina had to the Roman pound the ratio of 80 : 60 
or 4 : 3. 

Now if we look at the subject historically, we 
find all the principal features of the Roman system 
in existence as early as the time of Servius Tullius. 
We must therefore seek for the introduction of 
the Greek element before that time. At that early 
period Athens does not appear to have had any 
considerable commercial intercourse with Italy, 
but other Grecian states had, through the colonies 
of Magna Graecia. The Phocaeans at a very early 
period had a traffic with the Tyrrhenians, the 
Aeginetans had a colony in Umbria, and Corinth 
and her colonies were in intercourse with the 
people of Central Italy, besides the traces of Corin- 
thian influence upon Rome, which are preserved in 
the legend of the Tarquinii. It is therefore to the 
Aeginetico-Corinthian system of weights and mea- 
sures that we must look for the origin of Grecian 
influence on the Roman system. Now the half of 
the Aeginetan mina had to the Roman pound the 
ratio of 10 : 9 ; and since the Aeginetan mina was 
to the Attic as 5 : 3, we get from the comparison 
of these ratios the Attic mina to the Roman pound 
as 4 : 3, as above. 

(BSckh, Metrologische Untersuchungen, xi. § 
10.) [P. S.] 

XYSTARCHUS. [Gymnasium, p. 581, b.] 

XYSTUS. [Gymnasium, p. 580, b. ; Hor- 

TUS.] 



Z. 

ZACORI (^£»copoi). [Aeditul] 

ZETE'TAE (^7)T7)Ta!) Inquisitors, were extra- 
ordinary officers, appointed by the Athenians to 
discover the authors of some crime against the 
state, and bring them to justice. Public advocates, 
avviyyopoi or Kariiyopoi, were sometimes directed 
to assist them in this duty. Frequently the court 
of Areopagus performed the office of inquisitors for 
the state, and indeed it was the duty of every ma- 
gistrate to assist in procuring information against 
offenders. ( Andoc. de Myst. 3, 5, 6 ; Dinarch. c. 
Demosth. pp. 90, 97, ed. Steph.) ZrjTjjroi were more 
frequently appointed to search for confiscated pro- 
perty, the goods of condemned criminals and state 
debtors ; to receive and give information against 
any persons who concealed, or assisted in conceal- 
ing them, and to deliver an inventory of all such 
goods (a.itoypd<peiu) to the proper authorities. The 
delinquent was then prosecuted, either before the 
(tvvSikoi, or it might be before the (r/rrirai them- 
selves, if their commission extended to the holding 
of an riye/xovia ZiKa(ny\p'iov. Any person, how- 
ever, who thought himself entitled to the goods, 
which were the subject of such information, or to 
any part of them, might prefer a complaint against 
the inquisitor or informer, and petition to have the 
goods or the part to which he was entitled, or their 
proceeds, restored to him. This proceeding was 
called e'ceTTiVKTj/i/ia. [Syndici ; Paracata- 
bole.] Inquisitors were also called Maarrjpes. 



On one particular occasion a set of commissioners 
called avAAoyus, were appointed, to discover the 
property of the oligarchs, who were concerned in 
overturning the democracy. (Harpocr. s. v. Zijt7)- 
tt)s : Bockh, Publ. Econ. of Athens, p. 158, 2d 
ed. ; Meier, Atl. Proc. pp. 110, 112, 566.) See 
also the speeches of Lysias de Publ. Bon. and de 
Aristoph. Bon. [C. R. K.] 

ZEUGI'TAE (Cevylrai). [Census.] 
ZONA, dim. ZO'NULA, also called CI'NGU- 
LUM {G<iini, £<i>lJ-a, (wo-Trjp, Herod, i. 215, iv. 
9 ; fi'trpa), a girdle or zone, worn about the loins 
by both sexes. As in the case of some other arti- 
cles of dress, the distinction between the male and 
female girdle was denoted by the use of a diminu- 
tive, £a>e?j or faa-rrip being more properly a man's, 
(dviov a woman's girdle. (Moeris Att. s. v.) The 
finer kinds of girdles were made by netting, 
whence the manufacturer of them was called £oeio- 
tt\6kos. (Th. Magister, p. 413, ed. Oudendorp ; 
Zonarius.) 

* The chief use of this article of dress was to 
hold up the tunic (£t&wu<r$cu, Callim. Dian. 12), 
which was more especially requisite to be done 
when persons were at work, on a journey, or en- 
gaged in hunting. Hence we see the loins girded 
in the woodcuts of the boatman at p. 512, of the 
shipbuilders at pp. 98, 141, of the goat-herd at 
p. 886, of the hunters at p. 989, and of Diana at p. 
276. The (dvri or (aarrrip is also represented in 
many ancient statues and pictures of men in armour 
as worn round the cuirass. Among the Romans 
the Magister Equitum wore a girdle of red leather, 
embroidered with needlework, and having its two 
extremities joined by a very splendid and elaborate 
gold buckle. [Fibula.] (Lydus, de Mag. ii. 13.) 
The girdle, mentioned by Homer (II. iv. 135, v. 
539, x. 77, xi. 236), seems to have been a con- 
stituent part of the cuirass, serving to fasten it by 
means of a buckle, and also affording an additional 
protection to the body, and having a short kind of 
petticoat attached to it. as is shown in the figure 
of the Greek warrior in p. 712. In consequence 
of the use of the girdle in fastening on the armour, 
^uvvvadai or £<io~a<r8ai meant to arm one's-self 
(Horn. II. xi. 15), and from this circumstance 
Athene was worshipped under the character Za>- 
OT-qpia. (Paus. ix. 17. § 2.) The woodcuts at 
pp. 712, 854 show that the ancient cuirass did not 
descend low enough to secure that part of the 
body, which was covered by the ornamental kilt 
or petticoat. To supply this defect was the de- 
sign of the mitra (ixirpa), a brazen belt lined pro- 
bably on the inside with leather and stuffed with 
wool, which was worn next to the body (Horn. 
II. iv. 137, 187, v. 707, 857 ; Schol. in II. iv. 
187), so as to cover the lower part of the abdo- 
men. The annexed woodcut shows the outside 
and inside of the bronze plate of a mitra, one 
foot long, which was obtained by Brdndsted 
(Bronzes of Siris, p. 42) in the island of Euboea, 
and is now preserved in the Royal Library at 
Paris. We observe at one end two holes for fast- 
ening the strap which went behind the body, 
and at the other end a hook fitted probably to a 
ring, which was attached to the strap. A portion 
of a similar bronze plate is engraved by Caylus 
(Ren. d'Ant. v. pi. 96. fig. 1). 

Men used their girdles to hold money instead 
of a purse. (Plaut. Merc. v. 2. 84 ; Gellius, xv. 
12; Sueton. Vitell, 16.) The wallet [Pera] was 



ZONA. 




fastened to the girdle ; and still more frequently 
the fold of the tunic, formed by tucking it up, 
and called sinus, was used as a pocket to cam- 
whatever was necessary. 

As the girdle was worn to hold up the gar- 
ments for the sake of business or of work requiring 
despatch, so it was loosened and the tunic was 
allowed to fall down to the feet to indicate the 
opposite condition, and more especially in preparing 
to perform a sacrifice (vexte recincla, Virg. Aen. iv. 
518; Ovid, Met. vii. 1 82 ), or funeral rites (discincti, 
Sucton. Aug. 100; incimiae, Tibull. iii. 2. 18). 

A girdle was worn by young women, even when 
their tunic was not girt up, and removed on the 
day of marriage, and therefore called {urn irap6e- 
vut-fi. (Jacobs. Anthul. ii. p. 873 ; irapBtvov fiWfrqv, 
Brunck, Anal. iii. 299; Sen. Oed. ii. 3. 17; Horn. 
Od. v. 231 ; Longus, i. 2 ; Ovid. Ernst. Her. ii. 
1 1 fi, ix. 66, Festus, >. v. Cingulum ; Catull. ii. 1 3, 
lxiv. 28.) The Flora in the inuseura at Naples 



ZOPIIORUS. 1225 
(see the annexed woodcut) shows the appearance 
of the girdle as worn by young women. 




A horse's girth, used to fasten on the saddle 
[Ephippii'm], was called by the same names, and 
was sometimes made of rich materials, and em- 
broidered in the most elaborate manner. (Ovid. 
Rem. Am. 236; Claud. Epig. 34, 36.) These 
terms, zona and cingulum, were also used to sig- 
nify the five zones as understood by geographers 
and astronomers. (Virg. Georg. i. 233; Plin. H.N. 
ii. 68 ; Macrob. Som. .Scip. ii.) [J. Y.] 

ZO'PHORDS ((wepdpos or Sid(wna), the frieze 
of an entablature. (See CoLUllMA, p. 324, a, and 
the woodcuts.) [P-S.] 



TABLES OF GREEK AND ROMAN MEASURES, WEIGHTS, AND MONEY. 



Tabu 

1. (ireck Measures of Length. 
(1) Smaller Measures. 
II. Roman Measures of Length. 

(1) Smaller Measures. 

III. Greek Measures of Length. 

(2) Land and Itinerary. 

IV. Roman Measures of Length. 

(2) Land and Itinerary. 
V. Gre ek Measures of Surface. 
VI. Roman Measures of Surface. 
VII. Greek Measures of Capacity. 

(1) Liquid Measures. 
VIII. Roman Measures of Capacity. 

(1) Liquid MeanDMi 
IX. Greek Me.Mire* of Capacity. 

(2) Dry Measures. 

X. Roman Measures of Capacity. 
(2) Dry Measures. 
XI. Greek W eight*. 
X 1 1. Greek Money. 

XIII. Roman Weight*. 

(1) The As and its Uncial Divisions. 

XIV. Roman Weights. 

(2) Subdivisions of the Uni ia. 
XV. Roman Money. (1) Before Augustus. 

XVI. Ruman Money. (2) After Augustus. 



In the constmction of these Tables, the same 
authorities have been used as those referred to in 
the articles in the body of the work. Particu- 
lar acknowledgment is due of the assistance which 
has been derived from the Tables of Hussey and 
Wunn. The last two Tables (of Greek and Roman 
money) have been taken without alteration from 
Mr. Hussey's, because the) - were thought incapable 
of improvement, except one nddition in the Table 
of Attic money. AU the calculations, however, 
have been made de nom, even where the results 
are the same as in Mr. Hussey's Tables. 

The Tables are so arranged as to exhibit the 
corresponding Greek and Roman measures in direct 
comparison w.th each other. In some of the Tables 
the values are given, hot only in our several mea- 
sures, but also in decimals of a primary unit, for 
the purpose of facilitating calculations. In others, 
'ijiprnrimaU values are given, that is, values which 
differ from the true ones by some small friction, 
and which, from their simplicity, will perhaps be 
found for more useful for ordinary purposes than 
the precise qunntilics, while the error, in each case, 
can easily be corrected. Fuller information will 
be found under Mknsika, NUMMOBj Pdndkha, 
and the specific names. [ P. S.J 



1226 



TABLES OF WEIGHTS AND MEASURES. 



































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TABLES OF WEIGHTS AND MEASURES. 



1227 



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CI 




IC 


00 


'& 
2 


«— < 


-r 


?! 




e 

CN 


-f 

CI 



to 

cl 

o 
. — 
1- — 

o _ 
_= -a 

S *> 

c 01 
•~ o 

.5 >. 

I! 

/-n B a 

B* ° 
All 
*!! ! 

a t G 

- « g 



o; — 5 



* g'-J 

8 -a § 

5 .1 £ "3 



.2 a - x 



5 il o 



^ > *s 

= x i - 

^- I 2 



■ g a E ■ 
c e? ' - 

£ 2 B . "S 

dB P < I 

• -«-++»^ -3 

s 



i 5 * 

Si 

a a 



- -3 

2?§ 



5^ 



c — 



2 = 

— S 



a* 



o S 
— o 



-MS 



1228 



TABLES OF WEIGHTS AND MEASURES. 



Inches. 


© 


6-2025 


6-3375 


0-81 


CO 


00 




OS 


CO 






CO 










i— 1 


CM 


CD 


o 


o 


1— 1 




CO 






<M 




o 


CJ 














o 


o 




CM 


lO 


co 


CO 




O) 
















CO 


CM 




30 


CO 


t— 




























<M 




io 


Miles. 
























CO 


CO 


00 
CO 



C3 



Q 

'55 
< 

c 



W 

VS 
<< 

w 

W 

o 

si 
<! 



oo 

CM 

o 
o 
o 



OS 



OS 



o 
o 
o 





OS 


-p 




OS 


00 


CO 


CO 




oo 






i— i 


OS 




os 


OS 


OS 




TP 


o 


o 








CM 


>o 






os 


o 


9 


© 


o 




CM 




gs 




00 



5»H 

U 
Oh 

O 



a. 
s 



S 
3. 

a. 
< 



co 



s 

3, 



TP 



CM 



TP 

CM 



o 
TP 



o 
co 



<><lm 
CO 



o 

TP 



CD 
CO 



O 

c 



O 
H 



O 
t— i 

H 



co 



O 
co 



o 

o 



o 

TP 
CM 



o 
o 
TP 



o 

o 

CD 



c 

CM 



© 
CM 



O 

© 

CM 



© 

00 

TP 



o 
o 
oo 



o 
o 

CM 



TP 

CM 



O 

tP 



O 
tP 
CM 



© 

o 
TP 



o 

co 
os 



o 
© 

CD 



o 
o 
TP 

CM 



5. 



o 



CM 



00 

TP 



o 

-SO 



o 

00 

TP 



o 
o 
oo 



o 

CM 
OS 



o 
o 

CM 
CO 



o 

00 

TP 



b 

s 

Q_ 
8 



CO 



o 

CO 



o 

CO 



o 
o 

CO 



o 
o 

oo 



o 
o 
o 

CO 



o 
o 

CM 



o 
o 

CD 

of 



o 
o 
o 



o 

CO 



o 

CO 



o 

co 

CO 

o 
o 

CD 



O 

o 

CD 
CO 



O 
O 
O 

co 



o 
© 
TP 



c 
o 
o 
tp" 

CM 



o 
o 



CD 

CO 



00 
00 
TP 
OS 
00 
CO 

w 
w 

« 
C5 
H 
Q 



CM 
V5 



O 

M0 



o 
© 

CO 

o 
o 

CD 

o 

CD 

_«_ 
O 
O 

o 

CD 

© 
O 
© 

CD 
CO 



O 

o 
o 
o" 

CD 



O 
O 
© 



© 
© 

o 
©~ 

rP 
CM 



O 
© 
© 

o 

CD 

CO 



TABLES OF WEIGHTS AND MEASURES. 



1229 




1230 



TABLES OF WEIGHTS AND MEASURES. 





CO 


CO 


co 










CU 




CO 










CM 




CM 


as 


*- 


oo 


* 




CM 


I— 1 


CO 


CO 






CM 




© 


op 


CM 




00 


CO 


o 




i— i 


cb 


CM 


>o 


6 


cb 


cb 


3 




CO 


o 


CO 




o 


»o 


C 
05 






1— t 








i— i 


w 

CU 
















JS 

o 






J: 


co 


CO 


Oi 




a* 














CO 


Cm 




















CO 


co 










-»j 


CD 


»o 


CO 


00 


CO 


*SM 


CO 


cu 

CU 


CM 


"ip 


CM 


oo 


I — 


co 


>o 


fa- 


CM 


i— t 


co 


00 


*- 


CO 


co 


aare . 


© 


00 


CM 




CO 


»p 


CM 


i—i 


co 


CM 


CM 




cb 


cb 






Q 








CM 


CT 1 






1— 1 


oo 


i- 


LO 


CM 


CO 












CM 


©" 
i— i 



-8 



« 
3 

cr 
02 



8 



< 



o 
o 
PR 



3 
CT 1 

a 

o 



8 



CO 
CO 



CM 



O 

o 



3. 



CD 



CO 
CM 



CO 

CO 
00 



CM 



ct[m 
CO 



co 

oih 
CO 
CD 

co 



CM 



© 
co 



© 
© 

CM 



125 
O 

Ph 

© 

< 



CO 



CM 



o 
© 



CM 

© 
O 
© 



o 



TABLES OF WEIGHTS AND MEASURES. 



1231 



fa 
O 
< 
fa 
- 

CO 

fa 

O 

co 
W 
— 
- 

CO 

I 

i»*< 
O 



p 

5S 

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• 












































o» 




«o 




«o 








tan 




- 




-r 


■* 


CO 


00 


CO 


t» 


o 


CO 


U3 


UO 


a 


* 


co 


pH 


00 


00 


cp 


GO 


*p 


CM 




u 




o 


CO 


'•O 




Ci 


I - 


•o 


00 


5 






00 


00 


CO 


CO 


00 




CO 


co 








p— 1 






CM 




- 1 




CM 


■9 






















O 






















"3 








oo 


CO 




Ci 


09 


01 




t- 




* 












CO 




CO 


81 






















)ods, 


- 


- 


- 




- 




CM 


o 


CM 


<-* 


ss 






















V 




















00 




















CO 


ci 


o 

< 




















^* 


























-r 






















cm 










X 


CO 


CM 














C7} 














9 


di 


CO 


CO 


00 


00 


CO 


CO 


CM 


CN 


oo 






4* 


0-1 




CM 




CM 


»b 


t'~ 


00 








«5 




C5 


I- 


-<*« 


00 


CM 


o 


SI 
u 






"* 




CO 






CM 


>o 












CM 


CO 


co" 


I- 




oo 


















CM 


■o 


CM 





a 

H 
«< 
CS 
Q 

C? 

CO 

D 
H 
O 



D 



I 


-< 
D 

<y 

w 
Ph 



3 



a 



£ 

a. 

3 
u 

I 



J 



CO 

05 

H 

O 

-1 



-r 



o 

00 



O 
co 



CO 

CO 



00 



s 



co 



CM 



O 
oi 



co 
i- 
■o 



§ 

CO 



c 

o 

O 

c 
o 



g 
5 

CM 



c 
3 
-r 



o 

co 



c 
c 



CM 



o 
c 

CO 

»- 
>o 



1~ 

CN 



CO 



C 
p 

o 
o 
f 



s 

CO 



o 

-r 

co 

p 
oo" 



c 

CM 



sj .3 
P 1 



13 o 

Is 



£ 2" 



I- — 

e3 *• o 

~ — -= 

a - - 



- •- 3 r; 
■ o 3 

S'cS 4*3 
= - .•> ja 

■ -J .8 5 

B * 5 l4 

1s|l 



1232 



TABLES OF WEIGHTS AND MEASURES. 



IS -£ 



CO 



< 



oo co 

O rH 

o o 



<M 

o 



00 CM 

O l-H 



CM 



00 



co 



CO 00 CM 
1- O i-i 



D 
Of 

Hi 

o 

H 
H 



O 
CD 

las) 



■©- 
s 

SI) 

o 



o 



J4. 



CM 



co 



Jt- 



3. 



to 



e8 

<D 
CO 

H 



5 M 
3 O 

o £ 



2 w h 

5- ^ 33 

i~i 5r 

Q_ O Oi 

3 <; § 



o 



co 



O 

CD 



CM 



o 

CO 

CO 



o 

CM 



co 

«3 



CM 
I- 



00 
CO 

01 



co 



co 
oo 



00 
CM 

r- 



co 

CO 



o 


o 


00 


CM 


00 


CO 


CM 




O 


O 


CO 




r~ 


co 


>o 


00 



TABLES OF WEIGHTS AXD MEASURES. 



1233 



* 

6 
as 
5 




Pints. 










H * 


~- 


to 






s 


'x 
a 
u 
A 
D, 

< 




Gallons. 


















CO 


o 

CM 






i 


9 


CO 
O 




CN 


OO 


to 


CO 
I - 


•* 
O 


oo 


CO 




















CO 


































O 























W 

<< 



>3 



o 
O 



5 



co 



a 

-A 
O 

u 



n 

H 

■< 



3 

el 

o 
< 



3 

□f 



CM 



CM 



co 



H 



01 



3 



00 



04 



00 

/ 

CI 



CM 



00 



CO 

OS 



CM 
01 



00 
CM 



71 
•O 



CM 



CO 



CO 



CM 
0) 



CO 



CO 

I- 



© 

CO 
71 



o 

CM 



© 



© 

CO 
09 



© 

-M 
C5 



00 
CO 



© 

CO 

co 
I - 

© 

CM 



o 



1234 



TABLES OF WEIGHTS AND MEASURES. 



Approximate.* 1 


Pints. 


r 


J" 
-y. 






I— 1 


-)— 

CM 




s 




Gallons. 














I— 1 


CM 


++ 

CM 


Pints. 


•008 


00 

© 


cm 


00 


CO 
OS 


1-92 


oo 
cp 
J> 


7-36 


4-16 


Gallons. 





















w 

(A 

w 



Q 



H 
H 



o 

CD 



■©- 
c 

O 



si. 
X 



at, 
S3 



H 
O 



CO 



o 

co 



H 



CM 



CM 



O 



ft 

r-H 
I r-H 

O 



CM 



O 
CM 



a. 



co 



CO 



co 



o 

CO 
OS 



s 

s 

a 

o 



CM 

CO 



00 
CM 



52 



o 

CM 



O 



CM 



00 



co 



CM 



00 
CO 



CM 



o 

CM 
>-<3 



TABLES OF WEIGHTS AND MEASURES. 



1*2 f?5 



04 
O 



00 

o 



00 



co 



00 



'O 



erf 

3 

09 

(4 



e 



3 



a- 



o 



C5 



o 

a 

u 
o 

(J 



< 
a 



5 

o 



3 

to 



10 



01 



01 



EC 



X 



00 



o 
E 



/- 



71 

09 



CO 



CO 

91 



00 

CO 



CO 



Ol 
CO 



CO 



oo 



oi 
09 



oo 



12.W 



TABLES OF WEIGHTS AND MEASURES. 



TABLE XI. 

GRECIAN WEIGHTS. 

1. Ratios of the tbree chief Systems. 

Aeginetan : Euboic or old Attic - - - - - : : 6 : 5 

Aeginetan : Solonian or later Attic * - - - - - : : 5 : 3 

Euboic : Solonian - - - - . ... 1384 : 100 

or : : 100 9 ! 72 

or : : 25 : 18 

The Aeginetan Talent = 6000 Aeginetan Drachmae = 7200 Euboic = 10,000 Solonian 
Euboic „ = 5000 „ = 6000 „ = 83331- „ 

Solonian* „ = 3600 „ = 4320 „ = 6000 „ 



* Also called the Attic Silver Talent. When Attic weights are spoken of without any further dis- 
tinction, these are generally intended. 



2. Aeginetan Weights. 


Exact* 


Approximate. 


lb. 


oz. 


grs. 


lb. 


oz. 


grs. 


Obol fOgoAds) 




55 




18-472| 


51 


55 ' 


1 20 


6 


Drachma (Apaxuri) 


55 


55 


11 0-83 \ 


55 


i 


» 


600 


100 


Mina (Men) ... 


1 


9 


145-831 1 


If 


55 


55 


36,000 


6000 


60 | Talent (Td\avrov) 


95 


11 




100 







* In this and the other tables the English weights used are those of the avoirdupois scale as fixed 
by statute ; namely, the grain = the Troy grain, the ounce = 437£ grains, the pound = 16 ounces = 
7000 grains. + Or £ of an oz. 



I 3. Euboic or 


Attic Commercial Weights.* 


Exact. 


Approximate. 


lb. 


OZ. 


grs. 


lb. 


oz. 


grs. 


Obol - 








5) 


15-39314 


55 


55 


151 


6 


Drachma 




11 


55 


92-3611$ 


59 


55 


931 


600 


100 


Mina .... 


1 


5 


48-611$ 


H 


55 




36.000 


6000 


60 | Talent - 


79 


2 


291-631 


80 







* See pp. 933, b., 934, a. It is here assumed that the Attic commercial mina was exactly 138f 
silver drachmae, not 138, as stated in the decree. The difference is not quite half a grain in the drachma. 



4. Attic Commercial Weights increased.* 


Exact. 


Approximate. 


lb. 


oz. 


grs. 


lb. 


oz. 


grs. 


1 Mina= 150 Drachmae (silver) ... 
5 Minae = 6 Minae (commercial) 
1 Talent = 65 Minae (commercial) 


1 

+7 

88+ 


6 
14 

,, 


350 
291-6f 
145-81- 


H 

n 

90 


55 
95 


15 



* See p. 934, a. 

+ Here, as in the preceding table, the commercial mina is taken as equal to 138$ drachmae, not 138. 



S. Attic Silver Weights. 


Exact. 


Approximate. 


lb. 


OZ. 


grs. 


lb. 


oz. 


2TS. 


Obol 






55 


55 


11-08331 


55 


55 


12 


6 


Drachma 




51 


55 


66-5* 


55 


55 


70 


600 


100 


Mina 


55 


15 


87-5 + 


1 


59 


55 


36.000 


6000 


60 | Talent 


57 






60 







* This value is, if any thing, too small. Bockh makes it 67 - 4. Respecting other scales of weight, 
see Pondera. + Or $ of an oz. 



TABLES OF WEIGHTS AND MEASURES. 



CO "N >0 
— — -M 
~l 00 CO 



04 



CO 



f— t CO •— < 



e 

4" 



X 

a 



x g C- 

< A «3 



w »5 a 

£ 1 



o 

JO 

O 



C 



2 q 



o 

O 



O 



o 

o 



s 

X 



s 



a 
o 
a. 



oo 

CN 



CO 



CN 



CO 



CO 



EC 



CO 



i 



8 

CD 
CO" 



o — ' 



5* dr 



«> . O a J3 

gg a"" 

S .= -a 2 .5 -a 
„ * rj 3 S 

° °- Z o % 2 



a 



3^^ 

£ „ hoc 

S-1-S.s 



1* ^> 

a — 

OJ — o 

»fl -= 

6 a J e 

<c - = a 

c « a u 

S 10 >■» 

*; — • Si * 

- s 



"*"3 "3 & 



| - - (! O O 



-"a 



i'll i 



"s 11 JS 8 ^ 

ip-i/i s i i 

8. ? <= JE u 



Ik- 



12S8 



TABLES OF WEIGHTS AND MEASURES. 



# 

H» 

CO 
00 

6 

CO 
tP 



I- 

cb 
o 

CM 



CD 



o 
Tf 



o 
o 

iO 
00 

co 



-In 

CO 

co 
6 

CM 



w|n 
CD 



TP 

CO 



CO 
CO 



-In 
CO 

CO 

6 

OJ 
CO 



«ln 
CD 



TP 

O 



CM 



Hn 
CO 
00 

6 

CM 



-In 
co 
oo 
6 

CD 
CM 



CO 
CM 



O 

CO 

o 



_ ,-H CM 



O 
O 



CO 
CO 
CM 

o 

<M 



CD 

'O *— 

CO -P 

o o 
oo -f 

.-H CM 



TP 



Oi 

>o 
o 
o 

CO 



1- 

o 

CD 
CO 



CO 



CO 
CO 

oo 
o 

<M 



CM 

»o 
o 

00 
TP 



-H O 

O i— 



TP 



o 

CD 



O 

co 

i-H 

CD 
CD 



00 
CM 
tP 

CM 



P 

Z , 
D 
O 
Ph 

W 
E-i 

Ca 
O 

173 

O 



> 
ft 

< 

w 
a 

H 

























M 
G 


As, 


1 


i 


i 


■ 


1 






1 


i 


i 


tans 


Deu 


f 


















essis 


on 

03 
H 


Dex 


1—4 


Ha 

i-H 


1 


■ 


■ 




1 


1 


issis 


i 


•- 

o 


*3 

o 

fi 


H» 

I-H 


r-H 


-|n 

r-H 














Sem: 


d 


Bes, 


-bo 

I-H 


-1* 

t-H 


eof» 

i-H 


-In 

i-H 


1 


■ 


■ 


cius 


I 


1 

O 
r-! 


u 

o 

w 


a, 

CD 
CO 


-l„ 


I-H 


n|c- 

r-H 


r— t 










or Terun 




w 

cc 


-i® 


-In 


-h 


«|n 




CM 


1 • I 

M 
a 


■ 


oo 

a 


Quii 


-ho 


i-H 


T— 1 




CM 


Hi) 
CM 


tM|iO 

CM 




, or Sescu: 




drans 


_<u 
H 




-Id 

i-H 


«|* 


CM 


-1* 
CM 


-|n 
CM 


K>N< 

CM 


CO 




;ans 


Qua 


-In 
f— t 


cx|n 
i— i 


<M 


-|n 
CM 


«|n 
CM 


CO 


-m 

CO 


<n|n 
CO 


TP 




uncia 


Sexl 




CM 


Ha 
CM 


CO 


-|o> 

CO 


TP 


-l« 

TP 


>o 


-lis 
15 


CD 


Uncia 


Sesc 


—In 


CM 


-In 
CM 


-h 

CO 


TP 


-In 

TP 


-In 

»o 


CD 


-In 
CD 


-In 
1- 


CO 


Ha 


CM 


CO 


TP 




CD 


1- 


00 




O 


I-H 

t — 1 


CM 



TABLES OF WEIGHTS AND MEASURES. 



1239 



H - 



Hi 

n 



O 

w 



CO 

o 



a 

CO 



CM 
CI 



CO 
CO 
t— 

co 
i~ 

do 



CM 



CO 

to 



s 





co 










00 


00 




co 


eo 




CO 


o 






CO 




i—i 


IN 


CM 




00 


o 


6 




6 


6 


6 


>o 




o 




CM 


CM 


o 















o 
c 

3 

S 

o 
co 



3 



J 
U 

g 

g 
CO 



d 
O 

H 

m 
a 

I 

a> 
CO 



<-) 

p 

H 

i 



CO 



o 
O 



3 

cr 

m 



CM 



CM 



CO 



'■3 
CO 



ao 



r 
-r 



CM 



co 



94 



CM 
I - 



co 



CM 



co 



CO 

CO 



co 

-4" 



CM 



f 

00 
CM 



CO 

1 - 

>o 



CO 
CM 
I- 



1 K t 



1240 



TABLES OF WEIGHTS AND MEASURES. 



C 



CD 














CO 


CM 


>o 


rt< 




00 


co 


CM 




CO 


o 


o 


i— i 


CO 


«p 


1- 


<— i 


CM 



CM 



i— l CM 



CM CM 



— i CM 



««3 



a 

3 
O 



02 
P 
H 

W 
& 

CD 
D 

O 

o 
w 

w 
a 

H 

W 

o 
&H 
w 

pq 



*. 

-a 

as 

CM 



J 1 



a 

cu 

IX! 



CM 



3 



CM 



EH 

fa 
w 

EH 

03 

H 
CO 



co 



a 

as 
CO 



CM 



■ EH 

EH 

92 

.2 co 

H3 

C 
O 
Ph 
3 

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TABLES OF WEIGHTS AND MEASURES. 



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INDEX. 



The numerals indicate the pages, and the letters a and b the first and second columns respectively. 



A. 

'ASaK^Kos, 2, a. 
"A§a|, 1, a ; 904, a. 
"AyaA/xa, 1060, a ; 1062, b. 
'Aya/xiov ypa(p-h, 735, b. 
'Ayadotpyoi, 28, b. 
'Ayyapeia, 94, b. 
*Ayyapos, 94, b. 
' Ayy oH-hun, 633, b. 
'AyiXaffToi, 28, b. 
'A-yeAaTTjs, 28, b. 
'AytAn, 28, b. 
"Ay-q/ia, 29, a. 
'A77)Tijs, 242, a. 
'AynrSpeioi', 242, a. 
'Ayqrdpia, 242, a. 
'AyijTap, 103, a. 
"A7Koiva, 790, b. 
'AyKvXn, 366, a ; 588, b. 
'Ayxvpa, 791, a. 
'A7viTr;s, 513, b. 
' Ay opd, 32, a. 

,, yvvaitceia, 35, a. 

„ ir\-h0ov<ra, 35, b ; 304, a ; 
408, b. 
'Ayopav6/j.os, 18, a; 36, b. 
'Ay6pas irAvBiipv, 35, b. 
' Ay opaBTns, 36, a. 
'Ayparpiov ypa<pri, 36, b. 
" Ay pacpoL v6p.oi, 804, b. 
'Aypdcpov fj.cTa.Wov ypa<p{], 37, a. 
'Aypiowos, 224, a. 
'Aypuivia, 72, a. 
'AypoiKOj, 892, a. 
'Aypovd/xoi, 72, b ; 623, b. 
'Ayporepas Sivaia, 72, b. 
"A7U10S, 226, a. 
'AyvpfiAs, 453, b. 
'Ayvprai, 73, a. 
'A7xicTTefa, 594, a ; 595, b. 
'A7t<Wpxa<, 32, a. 
'Ayuves, 32 a ; 402, b. 

,, arifniToi, 1131, b. 

„ t'iixvtoi, 399, b; 1131, b. 
'Ayuvto-Tai, 167, a. 
'AyaivoSlKai, 32, a. 
'AyuivoQirai, 32, a, 
"ASSif , "A85t£(s, 14, a. 
"ASda, 14, a; 79, a. 
'A5eA<pi5o0y, 595, b. 
'A5f \(p6s, 595, b. 
'ASeo-TToroi, 592, a. ; 705, a. 
'ASupcito!, 17, b. 
'AScovia, 14, b. 



"ASvrov, 1105, a. 
'AeirauTai, 22, a. 
'Aelo-iToi, 970, a. 
'Atupvy'ta, 129, a. 
'A<=T<k, 149, b ; 523, b. 
'AeVai^o, 523, b. 
*A0Atjt£u, 166, b. 
\A0A7jT?)pes, 166, b. 
'AflAoeeVoi, 32, a ; 856, a. 
Aiaiceia, 18, a, 
AryiaAe'es, H53 ; b. 
AlyiKopeis, 1154, a. 
AlyivnTuv eoprh, 20, a. 
Aly'wxos, 20, b. 
Ai7i's, 20, b. 

Alyoicipws, 59, a; 151. b. 
AWovtra, 73, b. 
Alula, 100, a. 
AiKi'aj Si'kij, 73, a. 
AXviyixa, 22, a ; 1034, a. 
AiWrfs, 225, a. 
Al?, 149, a. 

AiavjxvriTns, 27, a ; 32, a. 
Alx/J-v, 587, a. 
Alxp.o<p6poi, 587, b. 
"Alcana, 'Atcaivn, 2, b. 
'AKavSivri jxaarixv, 903, b. 
'Andrews, 789, a. 
'Akixtioi', 786, a. 
"Akotoj, 786, a, 
'AK/j.66erov, 759, b. 
"Akixuv, 634, b. 
'AkoV fiapTvpeiv, 93, b. 
'Akovit'i, 832, a. 
'Ak<Wioc, 589, a. 
'Akovthxij.6s, 589, b. 
"AKpa, 139, a. 
'AKpartcfia, 304, a. 
' AnpoBtviov , 433, a. 
' AicpoKtpata, 789, b. 
'Aicp6Aeiov, 433, a. 
'AKpSAiOoi, 451, b; 1063, a. 
'Atcpoir6\u 67757 pafi(xivos, eV, 
37, a. 

'AicpSiroAis, 6, b ; 1175, a. 

'Aicpoo-r6\iov, 786, a. 

'AK.poaT6jj.wv, 543, b. 

'Aicpo<f>v(Tiov, 543, b. 

'AKpox&pia, 583, a. 

1 AKpwTT)pia&iv , 7, a ; 995, b. 

' AxpwTqpiov , 6, b. 

"Aktm, 8, b. 

"Aicvpos, 971, a. 

'Akwkti, 587, a. 

"Akwv, 589, a. 



'AAaidpxys, 74, a. 
'AAaSaoTpov, 74, a. 
'AAdSacrrpos, 74, a. 
°AAa5e fxxxnai, 453, b. 
'AAai, 1003, b. 
'AAcuct, 74, a. 
'AAaAfcO|UECioj, 224, a. 
'AAe'aia, 75. b. 
'AAei'rrai, 75, b. 
' AKzmT-hpiov , 76, a ; 190, a. 
'AKrjTis, 22, b. 
'AAi'cc, 32, b. 

'AAiV5?;<m, 583, a ; 714, a. 
'AAKctfloTot, 74, b. 
'AAAa7ai, 729, b. 
"AAAT/i or "AAAi|, 75, b. 
"AAfia, 883, b. 
"AAftT?, 1004, a. 
'AAo7i'«s ypa<pii, 76, b. 
'AAo7i'ou ypa<p-fi, 76, b, 
'AAoirhyiov, 1003, b. 
'AATrjpej, 585, a. 
'AAvo-'ioiov, 257, a. 
'AKvaiov, 257, a. 
"AAvo-is, 257, a. 
'AAirrcu, 831, a. 
'AAvTapxys, 831, a. 
'A\<pea'i§oiai, 436, a. 
'AAwci, 76, b. 
'AAcDo, 76, b. 
'AA&Wj, or 'AAwh, 53, a. 
"AAais, 53, a, 

"Ap.a|a, 147, b ; 585, b ; 923, 
'A,ua|<i7ro5es, 587, b ; 923, a. 
'Afj.apvi>8ia, 76, b. 
'Ap.apvo-ia, 76, b. 
'Afj.€\a6r]plSLov, 2, b. 
'A/j§Awo'eu>s ypa(p-n, 2, b. 
'Ap.S6AAa, 2, a. 
'Afj.Spoo-la, 78, b. 
"Afifja, 79, a. 
' ' Aixvt)c!Tia, 79, a. 
'AfiSpyn, 825, b. 
'AfiTrexivT], 79, a. 
'AfiiTLTTapes, 591, b. 
'AfiirvKT-hp, 91, a. 
"A/j.ttv£, 91, a. 
'A/j(piapdi'a, 79, a. 
'A/j.<pi€Anarpov, 989, b. 
'AprpigoAos, 791, a. 
'A/uipiSeoi, 136, a. 
'AfitpifiovAos, 1034, b. 
'Afj<pi5p6p.ia, 82, b. 
'Afj.<pi8dAafjos, 425, b. 
'AjUcpt/aW. 1 105, b. 



IXDEX. 



1243 



AfupiKTvores, 79, a. 
'AfubtopKia, 82, b. 
'A,u.<pnrp6<TTv\os, 1 105, b. 
'A/i'purSriTe?!', 596, b. 
'AfUp'iaTOftos, 791, a. 
'Apuptcpopds, 90, a. 
'Afi<pi(puvTfs, 769, b ; 975, a. 
'Apt<poptvs, 90, a ; 97 1 , a. 

„ neTprjT^s, 762, a. 
'AfKpafiocria, 82, b. 
'AntpwTtScs, 975, a. 
'Aj-agafl/iot, 424, b. 
'Aj-ogoAf?-;, 1074, b. 
1 AvayKauov , 240, b. 
'Ava-/KOTpo<pla, 168, a. 
'AvayKotpa-fia, 168, a. 
'Avc^y-At-jiTa, 92, a. 
' Avay\v<pa, 92, a. 
'Avayvtipiais, 1 145, b. 
'A-'aytoT^s Si'kt), 92, a. 
'Aj/o-z^yia, 92, a. 
'AyaSucta, 106, a. 
'Afo0-iM«Ta, 432, b ; 1063, a. 
' AfaKaXinrrripia, 738, a. 
'Afa/ceio, 92, a. 
'Avaxeifiifa, 432, b. 
' Av6lk(mv, 92, a. 
'AvcuctirlifiaTa, 583, a. 
1 AuaK\Tfri]pia, 92, b. 
'AvaxAiyoTraAr), 857, b. 
'AvaK\tvTpoi>, 673, b. 
'Aya/cpi-m, 92, b ; 122, b. 
'AvaKTopov, 1105, a. 
' AvahTinim, 94, a. 
"Aval, 990, a. 
'Ava^tryifpf ia, 94, a. 
'Ava^uploes, 213, a. 
'AvaTtcuinos, 344, b. 
'Avanriaotiv, 484, b. 
■A»<<£p><rir, 101, b. 
'AvauripLos, 890, b. 
'Ai/oToAVj, 155, b. 
'Ai/au/iox<oi> ypatfn), 94, a. 
'Av&ipopov, 143, a. 
'A^Jpfro, 1088, b. 
'A-'Spidi, 1063, a. 
' Avbpayaivia, 94, b. 
' ' Avipokr^ia, 94, b. 
'Ai'SpoA^ioi', 94, b. 
'AvSpopiSri, 1 49, b. 
'AvSpuyfs, 425, a. 
'AvJpwciTis, 423, b. 
Awti$vm>t, 478, b. 
'Afi^iiaSovt, 595, b. 
'Avci^i-ii, 595, b. 
'AwBda, 98, b. 
'Avflf-r-Hipia, 411, b. 
'Av8t<jTTipiwi>, 223, a ; 224. a. 
'Av0«f7<p<<pio, 98, b. 
'Af Oinewnoaia, 399, a ; 403, b. 
"AfoSot, 1 128, a. 
"AfoirAoi, 135, a. 
*Ai-T«of, 225, a. 
' Amiyivaa, 99, a. 
'Amypa'put, 578. a. 
'AvTtyptvpi), 93, a ; 99, b. 
"A-ti'Sotii, 98, b. 
'A-fiAT-fis, 8fl0| a. 
'Ai-Tii/ii«ia, 100, n. 
'Ayriarptitra, 590, b. 
'Ai-TiT^Tjirit, 266, b. 



'AvTiTimts, 1181, 3. 
'Aj'TKpttj-'i'o, 773, b. 
'AvtAio, 100, a. 
"Avti;|, 101, a; 297, b. 
'Avrwfiocr'ia, 92, b ; 99, b. 
'Avwrofrrnos, 221, a. 
'Atfini, 1014, a. 
"Adorer, 183, a. 
"Afae, 378, a. 
"Aop, 577, a. 
'Airo-j'eAoi, 28, b. 
'A-T-ryaryVj, 460, a. 
'Awarovpia, 101, a. 
'Airarovpios, 225, a. 
'AiraTovpiwv, 224 a ; 225, a. 
'Airavkia, 738, a. 
' Anavkiariipia, 738, a. 
'AireKevBepia, 705, a. 
'ATr(\ev8(pos, 704, a. 
"A-reAAa, 573, a. 
'A-reAAaTos, 223, a ; 224, a. 
'A-!reviavTiCT)i6s, 514, a. 
'AmSdepa, 939, b. 
'Airo€aT7js, 394, b. 
'ATro'j'onictJj, 225, a. 
'Airoypatp^], 103, a. 
'Airoypa(puv, 103, b. 
'A-Tooe'-cToi, 1047, b. 
'Airiiof-r^os, 764, b ; 1075, a. 
'AiroBepcnrtta, 76, a. 
'Airo8i}K7], 618, a. 
'A-toiki'o, 313, b. 
"A-Toifcoi, 313, b. 
'ATrotd]pv£is, 103, b. 
'A-t^kAtjtoi, 27, b. 
'A-ToA«fi|/««5 5i'kt7, 418, a. 
'AiroWdvia, 104, a. 
'Airo^avoaAioi, 305, b. 
'AiroTTf'fi^fws JiV-j, 418, a. 
'A-T<i/J(5o|ii, 918, b. ■ 
'A-r^pTjTa, 104, b. 
'A"TO<rTa(ri'ou 6i«7), 104, b. 
'A-fo<-"roAe7s, 104, b. 
'AiroTtixtauSs, 1183, a. 
'A-TOTeAeffjitaTiicfis, 144, b. 
'Airoriuav, 436, b. 
'Aircrrifi-nfia, 436, b ; 470, a ; 

614, b. 
'Aitoti^tjtoi', 764, a. 
'Airotpai/ats, 104, a. 
'A-rd-po/ris, 99, a; 100, a; 128, a. 
'Airoipopa, 104, a. 
'AirotppdSfs Tififpat, 104, b. 
'AiroxfipoToff'iy, 122, b; 271, a. 
'AvoxfpoTovta, 271. a. 
'Aitpotriaaiuxi yptupi), 108, a ; 

123, b. 
'A7r<uuoTi'a, 513, a. 
'Apai^oTi/Aot, 1 106, a, 
'Ap&rua, 1 17, a. 
'ApGik-o, 889, b, 
'Ap€vklt, 889. b. 
'Ap7d3<if, 1 154, b. 
'Apyi'ot yparpri, 1 33, a. 

„ fu'/iot, 133, a. 
'Apyvptoy, 808, b. 
'Apyvpiou S'iKi), 133, b. 
'ApyupiTif 715, 132, b. 
1 ApyvpoKoTtuov , 133, b. 
"Apyvpn%, 1.32. 
'ApyvpaivriTot, 1031, b< 



'Apyu, 153. a. 
'ApSaAioi', 555, a. 
'ApSeu-ioi', 555, a. 
'ApSio&rjpa, 1001, a. 
"ApSis, 1001, a. 
"Apeios, 225, a. 

,, -t-£7oj, 126, b. 
"Ap€(TKos, 345, b. 
'Ap-aSeeia, 133, b. 
'ApiaripoaTaTai, 280, a. 
' ApiorlvHriv , 127, a. 
' ApiaroKparia, 134, a. 
'ApKTeia, 214, a. 
'Ap-cTeueu-, 214, a, 
'ApKTeve<r8ai, 214, a. 
"ApKToi, 214, a. 
"ApKTos fi(yd\r), 147, a. 

,, H'Kpd, 147, a. 
'Apr.TOvpos, 148, a. 
'ApxTO(pijAo|, 148, a. 
'Ap-cur, 989, b. 

"Apjta, 378, a ; 585, b ; 753, b. 

'Ap/iitta^a, 585, b. 

'App.oyr), 910, a. 

'ApfjLOvia, 778, b. 

'ApuoviKT], 773, a. 

'Apvaxis, 882, a. 

"Aporpov, 1 17, b. 

"Apoi/pa, 138, a; 753, b. 

'ApiraTn, 586, b. 

'Ap-roT^s ypa<py, 586, a. 

' Apiraa-rov, 586, b. 

"Ap-T-7, 518, a. 

'Ap'priipdpia, 137, b. 

'Ap~pr)<p6poi, 137, b; 871, b; 

1100, a. 
'ApraSri, 137, b. 
'Apra/i'iTios, 224, a. 
'ApTf/uiVio, 138, a. 
'Aprf/iiW, 223, a; 224, a; 

225, a. 

'AprefiKridiv, 224, a; 225, a. 
"Apria f) irepiTTO -rai'( l cu' l 863, a. 
'ApTioffiy, 863, a. 
'ApTia.ap.6i, 863, a. 
'ApTOTTouis, 921, a. 
'ApTo-TiAoi, 305, b ; 921, I). 
'ApToirwAiSfr, 305, b. 
'Aprufffir, 1204, a. 
'Apurod-o, 185, b. 
'ApxaipfCTi'oi, 271, a; 443, b. 
'Apxt'iv, 119, a. 
'Apxv, 124, a. 
'ApxyytTV*, 470, b. 
'Apx'oTpoi, 1 19, a. 
'Apx'fp'vs, 167, a ; 225, a. 
'ApxiBtwpos, 389, a; 1126, a. 
'Apx'TfKTovla, 123, a. 
'Apx'TfKfovtKTi, 120, a. 
'Apx'TtxTwv, 1 126, a. 
'Apx'T»A-jn-i, 973, a. 
"ApX"' - ', 121, b; 124, a. 

,, iirwvvpioi, 123, a. 
•ApxtutTji, 881, b; 1102, b. 
' AtjauivOoi , 183, b. 
'Ao-fffd'os ypaipi], 142, a. 
'Affi'AAa, 142, b. 
'AirKdyrrif, 074, a. 
'A-r-foiiAjjf, 1 130, b. 
'Air-fAr-Tr.'f ia, 1 11, b. 
'AffKot, 1203, b. 



1244 



INDEX. 



'AtritwAtao-fiSs, 141, b. 
'Ao-n-iSziov, 787, a. 
'Aa-n-tSiaK-ri, 787, a. 
'Aotti's, 297, a. 
'AmnoTaf, 135, a. 
'Ao~adpcoi>, 141, a. 
'Aorepes ayaBoiroioi, 144, b. 
„ iiriKoivoL, 144, b. 

,, KCtlCOTTUloi, 144, b. 

'AarpdSri, 464, a. 
'A(TTpd7aAoj, 143, b ; 1095, a. 
'AcrTpare'ias ypa(pr), 144, a. 
"Aarpov, rb, 152, b. 
"AarvAos, 1105, b. 
'Aarvvdfjoi, 165, a. 
'Ao-vAia, 165, a. 
"AavAov, 165, a. 
'ATe'Aeio, 166, a; 1103, b. 
'Artfiia, 168, a. 
"Art/xos, 168, b. 
1 ATAa7ei'6(s, 150, b. 
"ArAa^Tey, 170, a. 
"ArpaKTos, 565, a. 
AuSumioy, 225, a. 
Av6eft)s, 183, a. 
AuAcua, 1 185, a. 
AuAfiOS Swpa, 425, a. 
Ai/A?;, 425, a. 
AvXriTptSes, 1131, b. 
AiAds, 779, a; 1130, b. 
AvAaSia, 977, a. 
A3pa ireptKovpos, 892, b. 
AvTOKparopM6s , 225, a. 
AvTo/xoAtas ypacpr), 183, a. 
AvTovopLoi, 183, a. 
AutotcA^s Si'kt), 404, b. 
AuToi^/a, 454, a. 
'Atpa/AiuTat, 366, a. 
"A<p6<m, 610, a. 1055, b. 
'Atperai, 592, a ; 705, a ; 1 139, a. 
'A<peTi)pioi> opyavov, 1138, b. 
'AipiSiTos rffiipa, 1090, a. 
'AcpiSpvfia, 1062, b. 
"ApAaarov, 787, a. 
"A<po5os, 180, a. 
'A<popfjrjs 5i'k7j, 102, b. 
"A<ppaKTos vavs, 784, b. 
'AtppoSlffia, 102, b. 
'AcfpoSiVios, 225, a. 
'Ax^"^, 6, a. 
'Axfrwp, 1173, a. 
"Aif/rjtpoi, 95, a. 
'A^i's, 108, a. 

B. 

BaSp6ixws, 224. 
Ba/frrjpi'a, 183, b; 402, b. 
BaKxiKi), 1004, b. 
BaAavdypa, 943, b. 
BaAafeioe, 183, b. 
BaAavtus, 184, b. 
BaAavoSd/nj, 943, b. 
BdAavos, 943, b. 
BaXdvTiov, 732, b. 
BaAgi's, 435, a ; 1055, b. 
BaAAw fioi, 863, a. 
Bdpadpov, 196, b. 
BdpgtTov, -os, 721, a. 
BaaavLarai, 1139, b, 
Bdo-afoj, 1139, a. 



Bao-iAeia, 198, a. 
BcunAeus, 123, a ; 990, a. 
Bao-'iXivva, 123, a. 
Baa'iAios, 226, a. 
Bao-'iMo-o-a, 123, a; 412, a. 
BaaKavia, 521, b. 
Bd(r/cacos o<p6a\/x6s, 521, b. 
Bkttjp, 1055, b. 
Begaid>o~eo>s Siicr], 201, a. 
BeA<H, 13, b. 
BeAofi's, 13, b. 
BevdiSaios, 225, a. 
BefSi'Seia, 201, a. 
BepovtKTjS f}6o-rpvxos, 154, a. 

,, ir\6Kajj.os , 154, a. 
BjjAiis, 624, b. 

Brj/m, 440, b; 577, a; 751, b; 

1148, b. 
BiaiW S//C77, 202, a. 
B'tSaats, 1006, a. 
BiSAioB-fiKTi, 202, a. 
BigAi'oe, 703, b. 
BiSaToi, 203, b. 
B?kos, 203, a. 
Bids, 126, a. 
Bi'p>s, 203, b. 
BAd/3rjy af/cr;, 203, b ; 513, a. 
BAouttj, 1007, b. 
BAauria, 1007, b. 
BoaBoos, 224, a. 
Bor/SpSfiia, 204, a. 
BoT)8pofii<iv, 223, a; 224, a. 
Bo»)0o!', 868, a. 
BoicoTapx'') r , " os > 204, a. 
BoAi's, 256, b. 
Bopeao-/j.ol, 239, b. 
Bopzao-fids, 209, b. 
BoTa.vio~fj.6s, 52, a, 
BoTavofiavreia, 417, b. 
BoDai, 29, a. 
Bou/cdrios, 224, a. 
Bou/cepas, -ws, 59, a. 
BouAewrecos ypa-pi), 2 13, a; 972, a. 
BovAevT-qpiov, 212, b; 377, b. 
BouAt), 209, b. 
Bovs, 812, b. 
BouTu7roi, 410, a. 
Bovcpovla, 410, a. 
Bou^rfcos, 410, a. 
Bowrai, 209, a. 
BowT7js, 148, a. 
BpogeTj, 32, a. 
BpaSemai, 32, a. 
Bpao-'iSeia, 213, b. 
Bpoupw^ia, 214, a. 
Bpovreiov, 1183, a. 
BvgAos, 703, a. 
Bukixct;, 215, a. 
Bwnos, 224, a. 
Buo-cciy, 216, a. 
B&ytrfs, 116, a. 

r. 

rdoTcytor', 989, b. 
TdAws, 28, b. 
rctfiriAia, 567, a. 
Tatn\Ai<l>u, 223, a. 
Tdfiopoi, 570, b. 
rd/ior, 735, b. 
r«vA(Js, 218, a. 



FeAeoi'Tes, 1 154, b. 
TeAaTOtroioi, 867, b. 
TevaBAiaAoyla, 144, b. 
Ttveiov, 196, b. 
reyeVia, 558, a. 
jTeWny, »44, b. 
rewjToj, 290, a; 1154, b. 
Tevos, 290, a ; 1154, b. 
Tepatpai, 412, a. 
ripavos, 624, a. 
repapoDA/ros, 624, a. 
Tepapcd, 412, a. 
TzpddTios, 223, a. 
Tepovcria, 377, b ; 570, a. 
Ttfpa, 574, a. 
Tepuvia, 572, a. 
Titpvpa, 936, b. 
Ttcpvpi^zLV, 454, a. 
Ye-pvpiofios, 454, a. 
Tco^poi, 570, b; 1154 b. 
ri'yyAujUos, 240, a. 
rAau£, 812, b. 
TAeu/cos, 1201, b. 
rAu|is, 1202, a. 
rA«<r<m, 1130, b. 
Tvd<paAov, 673, b. 
Tvatpevs, 551, b. 
Tvhirios, 14, b. 

rt- w/««>i', 6 15, a; 806, a; 930, a. 
Topyvpa, 240, a. 
Top-mcuos, 225, a. 
YpatS-ov iAevBupov, 891, a. 
„ loxv6v, 892, a. 
„ AvKa'ivivv, 892, a. 
„ oikztik6v, 891, a. 
,, oiKovpdv, 892, a. 
TpaufxaTttov Ariliapxutiv , 392, b. 

„ (pparpiK6v, 15, a. 
TpafifiaTevs, 5, b ; 211, b; 577, b. 
Tpajxp.7], 1055, b. 
Fpafj.jJ.ris Sia, iraifciv, 582, a. 
rpcuprj, 578, a ; 899, b. 
Tpa<prt hyafiiov, 735, b. 

,, ctypatpiov, 36, b. 

„ aypdtpov fierdAAov, 37, a. 

,, aAoyiov, 76, b. 

„ a/j.§A<i<reas, 2, b. 

,, avavixaxi-ov, 94, a. 

„ a7rpo<TTa<ri'ou, 108, a j 
123, b. 

„ apyias, 133, a. 

„ ap7ra7^s, 586, a. 

„ ocregei'as, 142. 

„ acrrparsias, 144, a. 

,, avrofioAlas, 183, a. 

,, /SouAewrews, 213, a; 
972, a. 

„ SaAi'as, 388, b. 

,, SfKair/Jov, 385, b. 

,, Srifiocria, 402, b. 

„ SapoBoKtas, 385, b. 

„ Swpo^u'tas, 1223, a. 

„ Buipoop, 385, b. 

,, upyfiov, 590, a. 

,, emTpo7rr)s, 470, a. 

„ iTaipr)(T€ws, 606, a. 

„ ISla, 402, b. 

,, UpoavAias, 607, b. 

,, Ka.Koya.fj.lov, 735, b. 

,, KaraAuceaij tou Srfnov, 
256, a. 



INDEX. 



1245 



Tpa<p)) >ca.Ta(jK.OTrr)s, 257, a. 
„ icAoinjs, 300, a. 
„ kenrovavriou, 679, a. 

XforoaTpaTiov, 679, a. 
„ A€iirora£i'oi>, 144, a. 
„ fiHjBuatws oXkov, 764, a. 
„ fioix^as, 16, b. 
„ vopiviiaTos Sia<p8upas, 
803, b. 

leci'oj, 1223, a. 
„ ai/iyaiuov, 735, b. 
,, rapar, cs, 865, a. 

rwvuiii', 865, b. 
„ irapawpeaSe'tas, 866, b. 
„ itapeurypa(pr\s, 868, a. 
„ iraptryiryfi'as, 958, b. 
„ wpotoaUa, 962, a. 
„ (njTopiK.4), 462, a ; 994, b. 
,, arvKoipavrtas, 1080, a. 
„ rpaifxaros 4k npovoias, 

1148, a. 
„ rvpavvihos, 962, a. 
„ vSptius, 622, a. 
„ i/7ro§oA7}$, 623, b. 
„ tpapfiaKdas, 895, a. 
„ <pap/w.Kwv, 895, a. 
,, ipBopas tuv f\ev8epuy, 

898, a. 
„ (pdVov, 897, a. 
„ tytvfayypivpTii, 971, b. 
„ ^(i/So/cATjTd'ar, 972, a. 
TptHpuch, 899, b. 
Tpo^i's, 903, a. 

rp?<pot, 22, a ; 989, b; 103 1, a. 
Tpoir<pofidxoi, 588, b. 
IpdVipor, 588, b. 
ruTjr, 117, b. 
rv/i.v<wtdpxys, 581, a. 
ru/iva/Tiapx"!, 581, a. 
rufivdmov, 579, a. 
ru/ifoffTox, 581, b; 582, b. 
Tvuviiaioi, 584, a. 
TunvriTat, 135, a. 
Vu/afjnt, 135, a.; 584, a. 
Tuiaioi, 135, a. 
Tu^xoiraiS/o, 584, a. 
Tu/ifdi, 808, b. 
TvvatKOK6aiioi, 584, l>. 

ruraurortf/ioi, 584, I). 
rwaiKw^rTu, 423, b. 
rwi; K(ktikI), 892, b. 

„ oCAij, 892. b. 
Twpxrrdt, 126, b. 

A, 

AaSaipdpioi, 224, n. 
Aabovpytiv, 1093, a. 
AaSovpy6i, 1093, a. 
AaSoCx<", 453, b. 
AaiSaAa, 382, a. 
Aa<8dA«ia, 382, a. 
Aait, 1093, a. 
AmVioi, 225, a. 
AaiTpoi, 410, a. 
AojctuAioi, 95, a. 
AcucTi;AoJ<ixM>?, 751, b. 
AdKTuAoi, 322. b; 382, b. 
ArfAiot, 224, n. 
Aafiapirtinv Xf"f lnv > 382, b. 
Aa/mrp. • . 22 I, a. 



Aap.iovpyoi, 390, b. 

Aa^oo-i'a, 384, a ; 485,b; 929,a. 

AavaKT], 384, a. 

Adyei<rp.a aaipoTipuirXovv, 525, b. 

,, *Tep6Tr\ovv, 525, b. 
Aair<j, 674, a; 1097, a. 
Aap€(Ko's, 384, b. 
Adr, 1093, a. 
Acupvrjpopos, 384, b. 
Auyp.a, 388, a. 
Aei/ceAitTTai', 388, a. 
Afi'ATj, 408, b. 
AeiAi'as yptxpy, 388. I). 
Aunvov, 303, a ; 304, b. 
Atnrvo<p6poi, 845, b. 
A€«a5aox' a . 385, b. 
A(Ka8ovxot, 385, b. 
A€Kapx la i 385, b. 
A(Kaan6s, 77, a ; 385, b. 
A€Ko<TTuAor, 1105, b. 
AcKareveiv, 214, a. 
AexoTfUTai', 388, a. 
A(KaTeuTT]piov , 388, a. 
Af/corT), 388, a ; 800, b; 1103,b. 
A(xaTr)\6yoi, 387, b. 
Awaroni, 387, b. 
Ae\Tcor6i>, 149, b. 
A(\<plv, 149, b. 
AeA<pfria, 389, b. 
AeAipiVior, 223, a. 
A«A(j)('s, 149, b; 389, b. 
Ainviov, 673, b. 
AffiooTirrtu, 280, a. 
A6>m«. 882, a. 
Af'p>s, 282, b. 
A«rno(pvkaKes, 593, n. 
At(Tiuini)piov, 240, b. 
Atoiroaiovavrcu, 592, a ; 705, a. 
AtvrfpaywvuTTTiS, 611, b. 
Afvrfpioi, 1203, a. 
AtvT(poit6riioi, 557, a. 
A^7/io, 548, a. 
a v\ia. 389, a ; 865, a. 
Aijuayuyo't, 1086, a. 
A7i.uapx*£ovtTtos , 225, a. 
Arifiapxoi, 389, b. 
ATju-ljyopoi, 1 086, a. 
A7),u7)Tpi'a, 390, a. 
A7)fi7jTp'ot. 225, a. 
Ai\ui6irpcna, 390, a. 
Avp-ioipyoi, 5, b ; 3 1 4, a ; 390, b ; 

570, a; 1154, b. 
A^ioj, 593, a; 1139, b. 
Ar\n6i<oivot , 593, a. 
ArinoKparia, 390, b. 
ATj/ioiroiTn'oi, 391, b. 
Arjpior, 391, b. 

A>; i ' net >:i . .<:■ ret, Q, a. 

Aquidrioi, 391, b. 
Awudriov, 23, a ; 1 19, a. 
Atininms, 593, a. 
Arin&rat, 392, b. 
Am?aT^pia, 395, a. 
AiafinTjji, 283, a. 
A>a-„ ««;».. , 449, b. 
Ai iv>;:«-«, 395, a. 
AioSiicofffo, 395, b ; 596, b ; 
897, b. 

,, K\ , fjpou l 1 5, a. 

„ t^i JniK\vp iv, 467, b. 
AiaJoi7«u, 400, a; 1 126, I.. 



Aid{wfia, 1075, a ; 1225, b. 
Aia^i/j-ara, 1121, a. 
At'atra, 395, b. 
AlO!T7)TOi, 396, b. 
AiaiT7jTi/cij, 395, b. 
Aiaxptoi, 1 155, a. 
Aiauaprupi'a, 92, b. 
AianaaTiyoiats , 399, b. 
AiauiTpos eTai'po, 892, b. 
Aiavofxai, 400, a ; 1126, b. 
Aictiria, 400, b. 
AidoruAos, 1106, a. 
Aiai/Aos, 1055, b. 
Amx* tporovia, 271, a. 
Aidxpufoj eTai'po, 892, b. 
Ai2'!r0.o.s, 400, a. 
AiSaTKaAiKT), 628, a. 
AiSpaxfiov, 438, b. 
AiSufiot, 1 50, b. 
AieA/ci;<rnV5a irai'fcii', 532, a. 
Aii5pe5, 425, b. 
AiVai iixfjitivoi, 458, a. 
Aii7roAeio, 410, a. 
Aii7roAia, 410, a. 
AiKaTTTipiov, 401, a. 
A»ca<rr7js, 401, b; 805. a. 
Ai(ca<7T!K<ii', 402, b. 
AweWa, 707, b. 
Ai'ftT), 402, b. 

„ aiKi'as, 100, a. 

,, avaywyrts, 92, a. 

,, dvdStKo;, 106, b. 

„ diroAci'ii/ews, 418, a. 

,, diro7re'p-((/eais, 418, a. 

„ hrotTTaaiov, 104, b; 123. b. 

„ curb avixSuKwv, 1081. a. 

„ atrp6aK\r\Tos, 403, a. 

,, airpoffTaalov, 123. b. 

,, apyvpiov, 133, b. 

„ avToTtXris, 404, b. 

„ a<pop/xris, 102, b. 

„ f}t§aiw<rtws, 201, a. 

„ &taiwi>, 202, a ; 479, b. 

„ fiKdSvt, 93, b; 203, b; 
513, a. 

,, iyyirqs, 461, a. 

„ ivoutiov, 461, a. 

„ i{,ayurp}S, 479, a. 

„ i£atp(<T(ws, 479, a. 

„ ^{odATjr, 456, a. 

„ kirnpropapxriluLTos, 1 159,b. 

,, ipavtKr\, 475, b. 

„ Ka8v<piato>s, 578, b. 

„ Kcutriyoplas, 217, a. 

,, KOKTryopi'nu, 217, a. 

„ KOKoXoylas, 217, a. 

„ KOKOTCKpidV, 217, a. 

„ (cdpwou, 243, a ; 461, a. 

„ KAoxn?, 30(1, n. 

,, \uironaprvpiov, 93, b : 
513, a. 

,, AoiSopi'a;, 217, a. 

„ puoBov, 764, a. 

„ puaOwatwt oUov, 764, i. 

,, oiKtat 823, b. 

„ .«•'••! i'o\. 461 , a. 

,, irapo«OTa07)if7)t, 102, b. 

„ ■npoHKpopai, 962, b. 

„ wpoixJt. 437, a ; 1048, n. 

„ ahau 1048, a. 

,, 2«vpi'a, 1013, I, 



1246 

Ai'/cj) avjxSoKaioiv, or <rvv6aciSu 
irapaSdaews, 1080, a, 
rpaxeia, 1013, b. 

„ XP* 0VS > 280, b. 

„ ipevdofJ.apTvptwi', 734, a. 
AiKpora, 784, a. 
AiK-rivvia, 408, a. 
Ai'ktiw, 988, b. 
Ai^dxai, 410, a ; 488, b. 
M/uros, 1101, b; 1102, b. 
Aioi/c^ereoiy, 6 e7ri, 1096, b. 
AidAeia, 410, b. 
Aiovvaia, 410, b. 

„ ev a<TTei, or /leydAa, 

412, b. 
„ /car' dpyouy, or /j.iKpd, 
411, a. 
Aiorwrios, 225, a. 
A7os, 224, a ; 225, a. 
Awa-71/xeia, 417, b. 
AicJ<r0i/os, 223, a. 
AioaKovpia, 414, b. 
AiouKovpws, 226, a. 
A'mKa.%, 151, a. 
AiirhotStou, 1172, b. 
Ain-Aoi's, 853, a; 1172, b. 
Ai7r<(Aeict, 410, a. 
Aiirrepos, 1105, b. 
AiWuxa, 1092, a. 
AiV/coy, 415, a. 
Al<TKovpa, 415, a. 
AiVoyoe, 773, b. 
Aupdepa, 414, b ; 704, a. 
AicpBtpias, 890, b. 
AicpBeplTis, 891, a, 
A%oj, 379, b. 
AixdjUJji'is, 223, a. 
Aixopia, 1147, a. 
AioigeAfti, 1126, b. 
AoKifxauLa, 419, b ; 462, a. 
Ao\ixoSp6fj.oi, 1055, b. 
AtAixos, 1055, b. 
AfSAdj/, 420, b. 
Aopd, 882, a. 
Aopdriov, 587, a. 
AopaToBi\Ki), 587, b. 
AopidhaiToi, 1034, a. 
Aopirem, 101, b. 
Aopirla, 101, b. 
i<fw, 303, b. 
Adpv, 587, a. 
Aopv<p6poi, 587, b. 
A<!<ns, 124, a. 
AoCAos, 1034, a. 
Aoxw, 751, b. 
Apdtcwv, 148, a. 
Apaxnv, 438, a ; 931, b. 
Apsirdvri, Apiwavov, 518, 
ApoTrai, 555, b. 
Ap6p.os, 1055, b. 
Avfiavdrai, 1153, b. 
Av/xaves, 1153, b. 
Avvam^ia, 365, b. 
AvoTpos, 225, a. 
Aw/ic/nct, 425, a. 
Awpa, 432, b. 
AapoHoidas ypacfnj, 385, b. 
AtDpoe, 751, b. 
Awpo^vias ypatp^, 1223, a. 
Awpav ypatyii, 385, b. 
Awti'ctj, 436, a. 



INDEX. 
£. 

"Eap, 163, b. 
"Zyyi-q, 460, b. 
'E77u5 ) 0,'j K r ) , 633, b. 
'Eyyvys 8«t), 461, a. 
'Eyyinais, 737, a. 
, E7/ce/cT7) ( ueVos, 459, b. 
'E-y/cejrpk, 220, b. 
"Eyic\7]fj.a, 403, a. 
'EyKrqfia, 459, b. 
"EyKTTjais, 459, b. 
'EyKTTiTucSv, 392, b ; 459, b. 
'EyxttpiSiov, 975, a. 
y E7xos, 587, a, 
, E7xi"rTpifrij', 828, a. 
'Eyx"(Trpi<TTpiai, 828, a. 
"ESva, 436, a. 
"E5o?, 1105, a. 
'EScuAict, 788, a. 
"EeSra, 436, a. 
'EeeAoTrpS&vos, 620, a. 
Effects, 223, b. 
EiViVes, 1063, a. 
Eucoi'tKos, 892, a. 
EiWttj, 446, b ; 1103, a. 
EifcocrroAc^yos, 446, b. 
E'/Awres, 591, a. 
EJ/ioy, 226, a. 
Elpyixov ypcupri, 590, a. 
Eipeau&vri, 976, b ; 1000, a. 
Eipr)!/, 446, b. 
Eiadyeiv, 447, a. 
EiVa77eAi'a, 447, a ; 458, b 
Elaaywyeis, 446, b. 
EiViTTjpia, 448, b. 
Elo-nmeiadai, 14, b. 
Elairolriais, 14, b. 
Ei'tnronrnis, 14, b. 
EiVcpe'peie, 449, a. 
Elacpopd, 448, b. 
'EKar<ifj.Sata, 593, b. 
'EKorti^gaioy, 225, a. 
'EKarofiSaidv, 223, a. 
'E/tdTOjUgeuy, 223, a. 
'Eraro/igVj, 593, b ; 999, b. 
'EKaToarrj, 884, b. 
"Eieyovoi, 595, b. 
"E/cSi/coy, 444, a. 
"EkSoo-is, 525, b. 
'Efcex 61 /"'«, 607, a. 
'E/c/cA7)<n'a, 439, b ; 572, b. 

„ Kvpia, 440, a. 

„ v6iJ.ip.os, 440, a. 

„ ovyKAriros, 439, b. 
"E/ckAtjtoi, 443, b. 
'EKKo/xiS-tj, 555, a. 
'EKKvK\rip.a, 1123, a. 
5 E/cAo76iS, 449. b. 
> Efc / ua7eio>', 305, b. 
'EK/xaprvpla, 93, b. 444, a. 
'Ekttoluv, 14, b. 
'EKTroieitrflcii, 14, b. 
'Etcrevs, "Ektij, 589, b. 
'EKTrifiSpioi, 590, a. 
"Ektvttos, 481, a. 
'Encpopd, 555, a. 
'EK(pvWo(popia, 515, a. 
'EAat'ct, "EAaioi/, 823, b. 
'EAaicxpfyof, 192, b. 
'EAaiW, 823, b. 



'EAarfy), 1168, b. 
' EAa<p>;g<iAia, 450, a. 
'EAcKp^goAicSj/, 223, a. 
"EAacpos, 450, a. 
'EA«u6Vpia, 454, b. 
'EAeycnVici, 452, b. 
'EAeuo-iVios, 223, a. 
'EAecpas, 451, a. 
'EAijctj, 147, a. 
"EAi|, 590, b. 
'EAKucrnVSa iral^iv, 582, a. 
'EAAofoSj'/coi, 590, b ; 830, b. 
'EWrivoTajj-iai, 590. b. 
'EAArjgioy, 632, a. 
'EAAcutio, or 'EWwTia, 455, a. 
"EAu.ua, 117, b. 
'EfiSds, 456, a. 
"E/j.8a<ris, 184. a. 
'Ep.Sa.Tela, 456, a. 
'E/ugarijs, 764, b. 
"Ep-SXrifia, 456, b. 
'EpSoxj), 133, b. 
'E^grjAi^os, 223, a. 
"EugoAov, 786, b. 
'EjugoAoy, 786, b. 
'Ep.p.4\eia, 280, a. 
'E^eAfc, 773, a. 
"Efifir)voi Slxai, 458, a. 
"E/iTroiir/ia, 456, b- 
'Ep.nep6vr>p.a. 532, a. 
'Ep^piov, 459, a. 
"Ejxiropos, 459, a. 
"EfKppovpoi, 458, a. 
'Efj.cpvT€vo-is, 458, a. 
'Eftryio-jUctTa, 577, b. 
"EvaTa, 577, b. 
"EvSaSoy, 1093, a. 
'EeSijSow, 1093, a. 
*EyS«|is, 459, b ; 463, a. 
"EcSe/ca ol, 593, a. 
'EySoOj'ai, 625, a. 
'EvSpo^s, 460, a. 
"Evh'vp.a, 79, a. 

'Ev£Trlo-taiiJ.pia, 863, a ; 1084, b. 
'EV6T7), 531, b. 
'Evix v P a , 460, a ; 525, b. 
"Evvara, 557, b. 
'Evvedicpovvos, 108, b. 
'EweaT^pi's, 222, b. 
'Ev6b~iov, 989, b. 

„ (rv/xSoAop, 417, a. 
'Evoudov Si'ktj, 461, a. 
"EvoiTTpov, 1052, a. 
y EyTfa, 135, a. 
"Ei"n;7roy, 1181, a. 
'EctuttcojUb, 1181, a. 
'Eviiriov, 632, a. 
'E^ayuyri, 456, a. 
I E|a7a)7TjJ Si'kt;, 479, a. 
'ElaipeVews St«77, 479, a. 
'E|d>n-oi>, 1102, b. 
'E|d(TTi;Aos, 1105, b. 
'E^yyuaa6ai, 460, b. 
'E£eAi7jUo's, 484, b. 
'EteratTTai, 478, b; 511, b. 
'E|t)77)toi', 480, a. 
'E^peis, 785, b. 
'ESt/UTov, 1102, b. 
'E^iTripia, 512, a. 
'Efd&a, 512, a. 
"E|o5oy, 1146, a. 



'E|o"'A?;s Si'mj, 4ijG, a. 
*Ei»/ifj, 512, b; 1173, b. 
'E£ufioala, 512, b. 
'EqrfiaTpa, 513, a. 
'EizayyeKia, 462, a. 
'ETrai/cAoe, 1090, a. 
'E7raA|6is, 1183, b. 
'EirdpiTOi, 462, a. 
'EirauAio, 738, a. 
•Eirei<T<$5ioc, 512, a ; 1146, a. 
'E7T6{(i5io, 512, a. 
'ETTfTfiov, 211, a. 
'EirfwaKTai, 462, a. 
'ETriSdBpa, 939, b. 
'EiriSaTai, 466, b. 
"EirigSa, 102, a. 
'Rwte\7lllfia, 79, a; 674, a. 
'EiriGSKcuov, 79, a; 674, a. 
'EwtSoKi, 467, a. 
'Eiri-yo/xk, 289. a ; 520, b. 
'Emypafifia, 1132, a. 
'Emyparpth , 449, b. 
'Eir&avpia, 454, a. 
'EiriJfVaTO^, 387, b. 
'EiriStKacr'ta, 123, a. 
'E7ri5(<(Tei5, 468, a. 
'Ewtiht/ta, 556, b. 
'EiriK\ripos, 467, b. 
'ETixAiiTpo*', 673, b. 
'Eitikowos, 918, b. 
'EiriKoupoi, 758, a. 
•Eirf\o7oi, 1085, b. 
'Eiri/ieATp-eu, 468, a; 978, a. 

„ toC ifewoptov, 36, b ; 
468, a. 

„ T7)i Koivfjs irporr65ov, 
468, a ; 1096, b. 

,, ruv nopiwv 'EAaiw*', 

468, a. 

,, twv Vluarrtpiwv , 468, 
b. 

,, twv vfaplwv, 468, b. 

,, Tin/ <pv\iiv, 468, b. 
'EiriyuilAiov, 765, a. 
'Eimrapaoos, 280, a. 
'Eiriiropirii, 531, b. 
'EirtirpoiKOi, 594, b. 
'EiriVf kttos StvTfpos, 892, a. 

TtyfyLuv 892, a. 
„ OTptntwT-i)i, 892, a, 
'ETiVrjfia, 638, a. 
'EiriV^oi', 638, a. 
'E7ri<TKifarT«ii> cis "Apfioe niyov, 

129, a. 
"Eiri(T«oiroi, 168, b. 
'ExtaKvpos, 918, b. 
'Eirio-TTcuroffOoi, 625, a. 
'Eirio-ii-ao-Hjp, 627, a. 
'E7ri<rT(i-nji, 210, b; 468, b, 
484, b. 

„ Twy SripLoiriwv tpywv, 

469, n. 

,, ruv iZaruv, 469, a. 
'EiriirToAnii, 469, a. 
'EirnnvMov, 469, a. 
'¥.ir'urwrpov, 3H7, b. 
'EiriToy^a, 488, n. 
'Eirlrtfios, 513, b. 
'EititoA^, 155, b. 
•Eiti'tokoi, 673, b ; 790, ]>. 
'ETrtrpiripapxynaTot Bi'«tj, 1 195, b. 



INDEX. 
'EnrrpOT-Tjs ypa.<pi\, 470, a. 
'ETnVpoTTos, 469, b ; 1197, b. 
'Emx^poTOfia, 122, b ; 271, a; 

443, a. 
'Ejn'xiKrir, 380, b. 
'EiroiKia, 313, b. 
"Ettoikos, 313, b. 
'Eiro/ii^oAioy, 298, a. 
'EirdTrrat, 453, b. 

'E7T07rT€l'a, 453, b. 

'E7rai§eAi'o, 470, a. 
'Ettwu.U, 1173, a. 
'EtiWo, 1103, a. 
'Eiruvv/xos, 470, b. 

„ rcSe 7)\ikivv, 470, b. 

,, t<3v <pv\wv, 470, b. 
'E7rairi'Sej, 787, a. 
'Epav^pxi 1 ; 457, b. 
'EpaWfiip, 475, b. 
'Epaviarai, 475, b. 
"Epavov \e'nrea>, or ^KAeiVfie, 
475, b. 

,, T!\i)povv, Alb, b. 

„ ovWiyuv, 475, b. 
"Epcwos, 304, b ; 475, a. 
'Epavov TT\ripuiT7}S, 475, b. 
'Epyavai, 1100, a. 
'Ep7uo-Tii/oi, 856, b; 1100, a. 
"Epyans, 628, a. 
"Epiipos, 149, a. 
'Epfidi, 602, a. 
"Epfiuia, 604, a. 
'Epp.a7os, 224, a ; 226, a. 
"Ep/iwceios, 891, b. 

„ StuTepos, 891, b. 
'EfipvQipta, 137, b. 
'Efipri<p6poi, 137, b. 
'Ep<ni<p6pia, 137, b. 
'Epcrri<p6poi, 137, b. 
'Epu/cT^pfj, 592, a. 
*E<r0io5, 225, a. 
"Eaonrrpnv, 1052, a. 
'Ecrn'o, 542, a. 
'E<7Tioim, 604, b. 
'EiTTioTaip, 604, b. 
'E(rx<Vi, 116, a ; 542, a. 
'Eirxapis, 542, a. 
'Era/peii, 604, b. 
'Eraip^iTfwj ypaipi), 606, a. 
'Eraip/a, 310, b; 475, b. 
' Erai/n'oW, 392, b. 
"ETaipoi, 488, a. 
'Er(p6vopTtus, 532, a. 
'Erfponiixui, 791, a. 
ECo, 846, a. 
Ei/ayyikios, 225, a. 
EixwHjt, 846, a. 
E'utpyaola, 289, b. 
ECfui/ot, 1173, b. 
Eu$vStit(a,<n, b; 404, a; 864, b. 
Eiieiri), 478, a. 
ECflwoi, 478, n. 
Ev/toAiri'Stzi, 477, a. 
EuWj, 673, a; 791, n. 
EuiroTpi'Sai, 477, b ; 1154, b. 
EujtuAoi, 1 1 06, n. 
EiiiprinfiTt, 417,a. 
Ebipr\fua, 417, a. 
'E(pt\Kvaaa0cu, 625, a. 
'Eipiirta, 463, a. 
'E<p«Vn, 106, a. 



1247 

'EQecrrpis, 79, a. 
'E'peVoi, 463, e. 
'E<peT'iv8a, 918, b. 
'EtptjSeia, 462, b. 
'E<p-ri§ucri, 918. b. 
y E07)§os, 462, b. 
'Ep-fimo-ts, 460, a. 
'E<p7inep'i5es, 144, b. 
'E^i'Tra-fioi/, 464, a. 
'E<p'nrn-iov, 464, a. 
'EcpoSiop, 1195, b. 
"Etpopoi, 464, b. 
"Etpvpoi, 453, b. 
'E<pvcpri, 1100, a. 
'Exo-At), 117, b. 
'Ex^or, 93, b ; 325, a. 
"E^rjfia, 1 202, a. 
'Eapt]fia, 1 123, a. 

Z. 

ZaKopoi, 20, a. 
Ze'a, or Zela, 54, b ; 56, b. 
Zevylrai, 266, a; 486, a; 1155, 
a. 

Zel^Am, 789, a. 

ZevKTriplai, 789, a. 

ZTju'ta, 1128, a. 

ZtjttjtoX 1224, a. 

Zuya, 788, a. 

Zi/yioi, 788, a. 

Zvyirai, 788, a. 

Ztryw, 280, a; 652, a ; 721, b 

1007, b. 
Zvyos, 652, a ; 1007, b. 
ZiBos, 268, b. 
Zuypatpilv, 900, b. 
Zwypcupla, 899, b. 
Zwna, 1225, b. 
Zw^os fie'Aos, 1090, a. 
Zwpij, 135, a ; 1224, b. 
Ziieioi', 1244, b. 
ZwvtoirKdKus, 1224, b. 
Zu<rTi7p, 1224, b. 
Zuxpopos, 1225, b. 



H. 

'Hy(u6ixs (rv/iftopiuf, 449, b. 
'H - yfM<"''<i 5iKcuTT7)p(ou, 177, a ; 

593, a. 
'Hyffiwf, 891, b. 

Sttparuv, 892, a. 
'HyfTopia, 928, b. 
'Hff/uff, 322, b; 1203, a. 
'HAoK<iT7), 565, a. 
'HAfKrpov -or, 450, a. 
'HAiorpoVioi', 615, a. 
'»fiap StltXov, 408, b. 

„ n4aov, 408, b. 
'H/i«'po Kupia rov yifxnv, 91, a, 

,, liiai), 408, b. 
'H/i<pai diroif)pa5» t , 101, 1). 
'H^tpoSaffimai, 525, a. 
'HntpoSp6fioi, 592, b. 
'H/ii!ur»oi!ioi/, 1 172, b. 
'H/sitKTtSv, 589, b. 
'H/ju'ktoi', 589, b. 
'HfiiKvK\u)y , 592, b. 



1248 



INDEX. 



'HfidlJ.ua, or 'Hp.iVa, 367, a ; 592, b. 
'Huia, 585, a. 
'Hvioxos, 149, a ; 379, b. 
'Bpala, 224, a ; 225, a. 
'HpdicAeios, 224, a ; 225, a. 
'Hpairios, 223, a. 
'HpiiSov, 557, a. 
'Hws, 408, b. 



©. 

©aipo's, 241, a. 
Qakd/jLioi, 783, a. 
QaAa/Xirai, 788, a. 
©aXcijUos, 425, b ; 788, a. 
&aAAo<popoi, 857, a. 
©aAiW, 76, b; 1120, a. 
Qd/xva, 1203, a. 

@CS7TT€tI', 555, b. 

©ap7T;A(wc, 223, a. 
Qearpov, 1120, a. 
06OTpo7r^A7)S, 1126, a. 
QearpcovTis, 1126, a. 
0e<Aov0ios, 224, a. 
06^a, 144, b. 
©eoSoonos, 226, a. 
©eoAoyeioc, 1123, a. 
©eofeWa, 1125, b. 
06o|eVios, 224, a. 
0eo(pavia, 1 125, b. 
©cpairefa, 738, b. 
©epaTreuTiKof, 867, b. 

06pO7TCt)V, 591, b. 

„ meVor, 892, a. 

„ t6tti{, 892, a. 
©epos, 163, b. 
06<m, 14, b. 

&eafj.o04rai, 123, a; 804, b. 
©echo's, 804, b. 
&eap.oip6pios, 224, a. 
&eafio(popL(ii>, 226, a. 
@((T/j.o<pv\aKes, 593, a. 
©eo-craAoiKeVai, 883, a. 
06tui, 14, b. 
0ei/8a<rios, 224, a. 
©ftspi'n, 389, a ; 1125, b. 
©eeopi/cd, 1 126, a. 
©ewpfs, 389, a ; 865, a. 
©ecopof, 389, a ; 1125, b. 
BrjKat, 556, a. 
©?)«?), 197, b. 
®7)piofxdxoi, 202, a. 
®T)piov, 153, b. 
©7)croupos, 1127, a. 
0jjo-6?a, 1127, b. 
©Jjo-o-a, 597, b. 

0?jT€s, 266, a ; 1155, a; 1128,b. 

®iaaos, 411, a ; 475, b. 

Qoivt) yafiiKr], 737, b. 

©oAi'a, 1213, b. 

©oAos, 1128, b, 

Qowkos, 32, b. 

Qpdviov, 1 129, a. 

©pofTrai, 788, a. 

Qpdvos, 788, a. 

QprivcgSoi, 555, b. 

0p<Ws, 1129, a. 

&vyaTt\p 595, a. 

Qvyarpidovs, 595, b. 

©u/u'Atj, 1122, a. 



Qvpaarhpiov, 1174, b. 
&vpa, 624, b. 

„ avKeios, 425, a. 

,, Kriiraia, 425, b. 

„ niaavKos, 425, a. 

„ /uerauAos, 425, a. 
©vpeds, 1012, b. 
©uperpoe, 625, b. 
©up£5es, 426, a. 
©upcros, 1129, b. 
Qvpwf, 425, a. 
0upa>p6(oc, 425, a. 
0i/puip(is, 425, a ; 627, b. 
©vaauoi, 537, a. 
®vri)piov, 116, a; 153, b. 
©w'pa£, 711, a. 



I. 

'Iaicx"*, 453, b. 
'IaTpaAeiTTTijs, 76, a; 628, a. 
'larpiK-ri, 745, b. 
'Iarpds, 747, a. 
'iaTpotroipiffT^s, 628, a. 
"17877, "IySiS, 768, b. 
'iSiaJrTis, 994, b. 
"ISpucns, 1105, a. 
'lepaKiov, 98, b. 
'Ieperoi/, 998, b. 
'lepeis t£v awrripwv, 606, b. 
'Upoypa/j.fiaTe7s, 80, b. 
'IcpdSovAoi, 606, a. 
'lepo/j.ai>Teia, 417, a. 
'\epojjL7)p'ia, 607, a. 
'lepofiPTi/xoyes, 80, b ; 138, b 
'IepoV, 1104, b. 
'Iepo^rffai, 167, a. 
'Uponoioi, 607, b. 
'Iepocrc'goo-Tos, 225, a. 
'lepo(TKoirla, 417, a. 
'Upo<xv\ias ypaQri, 607, b. 
'UpocpavT-qs, 453, a ; 477, a. 
'iflwpaAAoi, 411, a. 
'iirfTTjpi'a, 142, a. 
"Iicp^, 784, b. 
'IktTvcs, 154, a. 
'lAahs, 224, a. 
"Ihdpia, 608, a. 
'lAapoTpayuiSla, 1145, b. 
Vcti/res, 269, a ; 790, b. 
'I^acTej irvKTMol, 269, a. 
'IfxaTiStov, 850, b. 
'Ip-d-riov, 850, b. 
'Ictoa, 699, a. 
'Ids, 1001, a. 
'IouAios, 225, a. 
'I7ri/({j, 669, a. 
'l7T7rapfto(TTTjs, 483, b. 
"lirtrapxos, 5, b ; 487, a. 
'l7T7rers, 266, a ; 1155, a. 
'IttttikoV, 608, a ; 1056, b. 
'IwiroSorai, 608, a. 
'IrcToSpSfitos, 224, a. 
'\nir6§popLos, 283, b ; 608, b. 
"Ittttos, 149, b. 
"l7nrou irpoTO|U7), 149, b. 
"Ip^y, 446, b. 
"la-dfiia, 645, b. 
'I(T07roAiTei'a, 289, b. 
'ItrOTeAsia, 289, b. 



'IfforeXus, 289, b. 
'I<ttiV, 790, a ; 1186, a. 
'In-Togoeus, 117, b. 
'Io-TdTroSes, 1100, b. 
'1(tt6s, 789, a; 1099, a, 
'I<tt<6x, 425, b ; 1099, b. 
"Itvs, 297, b ; 378, b. 
'lxSves, 151, b. 
'IxBiis v6tios or ^yas, 153, b. 



K. 

Kagei'pia, 216, b. 

KaSi'oTcoi, 971, a. 

KoSos, Ko58os, 218, a; 971, a. 

Kadapia, 781, b. 

••'a6apuoi, 781, b. 

i\.d0apms, 719, a. 

KaBer-fip, 985, b. 

KdBoSos, 1128, a. 

Ka6vcpt<reas Stjoj, 578, b. 

Ka/CTjyopt'as 8i«r), 217, a. 

KaK?)7opiov 8£/n?, 217, a. 

KctKoAoyias 8i'«rj, 217, a. 

KoKOTe/eviaiv Si'/crj, 217, b, 

Ka/caxm, 217, a. 

KaAaSos, 220, a ; 326, b. 

„ KddoSos, 453, b. 
KaXafiaiav, 224, a ; 225, a. 
KaAotp.os, 220, a ; 753, b. 
KaAAiyeeeia, 1128, a. 
KaAAtepeTv, 417, a. 
KaAAioreia, 234. a. 
KaAogarrjy, 553, b. 
KaAoi, 783, b ; 790, a. 
KaX6vovs, 545, b. 
KaAugaj, 902, b. 
KaAvwrpa, 1186, a. 
KaAtpSLa, 790, a. 
KctAws, 996, a. 
Kdfiat, 587, b. 
Kaptdpa, 124, b. 
Ka/uvoi, 546, a. 
Ka/XTrrfip, 1055, b. 
Kawagos, or KlwaSos, 235, b. 
KfWfyoi', 235, b. 
KduSvs, 237, a. 
Kctcfoi/, 237, b. 
Kavn<p6poi, 237, b; 411, s 
857, a. 

Kavdv, 298, a; 985, b; 1101, 
KaTrTjAeToi/, 258, a. 
Kdir-qAos, 258, b ; 459, a. 
KaTrvoSdKT), 426, a. 
Ko7rj'o / ua)'T€ia, 417, a. 
KapSaTivri, 889, b. 
KapKwos, 150, b. 
Kapeearai, 242, a. 
KapreTa, 241, b. 
Kctperios, 223, a ; 224, a. 
KapTraio, 1005, b. 
Kapirov S1/C77, 243, a. 
KopOo, 243, b. 
KapuoTi'^Eic, 243, b. 
Kapvaris, 243, b. 
Ka<r<7i67r6ia, 149, a. 
KaTagArj^a, 790, b. 
KoTagATj/iara, 448, b. 
KaragAr/TiK-Tj, 713, b. 
Karaywyri, 729, a. 



KoTa7w7ict, 92, a. 
Karaywytov, 258, a; 619, b. 
KotoTtuJ, 566", a. 
KaTaK\r)ir'ia, 439, b. 
KaraKofios, 891, a. 
KardKoyos, 256, a. 
Kara\v(T(us tov S-Itfiov yptxpT], 
256, a. 

Kar-lKvais, 258, a ; 619, b ; 

729, a. 
KaTOTrfipoTjJpio, 256, b. 
KaTaireATTjs, 1138, b. 
KoTa-7r«ATiKi9, 1138, b. 
KaTaTeVo<Tuo, 1185, a. 
KaTafydKros, 256, b. 
Karoo Koirrjs ypcupn), 257, a. 
KaraTTpwuaTa. 784, b. 
KaraTonai, 1121, a. 
Karaxfiporovia, 271, a. 
KaToxuffftoTa, 1036, a. 
Kartyyvuv, 403, b ; 460, b. 
Kar-qyopia, 578, a. 
Kar-iiyopos , 1085, b. 
Kdroirrpoy, 1052, a. 
Karopinrftv, 555, b. 
Kotoxcus, 626, b. 
Kdrpivos, 118, a; 984, b. 
Kdru Tpix'is, 892, a. 

„ rtTpixuixivos, 892, a. 
KoTwi-a/cT), 882, b. 
Kawaw^Ui, 1153, b. 
Kavan, 904, a. 
Kavrfyiov, 274, b ; 904, a. 
KfoSos, 260, a. 
Kxipia, 673, b. 
K(Kpv<paKoi , 329, a. 
KfAfoxrcs, 1 100, b. 
KeAfuin^s, 782, a ; 944 ; b. 
K«'A7jt, 287, b; 610, a. 
Ktyravpos, 153, b. 
KffTpiaSat, 410, a. 
Kfpai'a, 789, b. 
KfpaiVis, 59, a. 
Kepafifii, 532, b. 
Kfpd^io', 532, b. 
Htpa/ios, 210, a ; 532, b ; 1098, a. 
Kf'pot, 126, a ; 789, b. 
Ktpar'wv, 1213, b. 
K(pKi'o<;, 1 122, a. 
Kipvov, 1000, b. 
KcpoOx°'> "90, b. 
KKpoArf, 133, b. 
K7)7ra!'o di/po, 425, b. 
K)/t.m. 618, a. 
Kripoypcupia, 903, b. 
KypiKt iov, 218, a. 
K7)pwiof, 218, a. 
K^tos, 152, a. 
Ktj«p«w, 148, a. 
KKapu, 720, b. 
KiflapcpSi'o, 977, n. 
KiwaSot, 235, b. 
Kiorx, 556, b. 
KiffTT), 288, n. 
KiTTtxpipos, 288, b. 
K.W, 323, a. 
KAapwrai, 366, n. 
KA»iSoC;<oi, 1 1 1 1, b. 
KAt.'V-r, 626, I). 

KA.A, 627, n. 
KAcif<</!pa, 615, n. 



INDEX. 

KA7j5oCx°'j Ull, b. 

KK-qpovouos , 595, b. 

KAijpos, 595, b. 

KA7jpoux''a, 313, b ; 314, a. 

KA7)poGx°'i 313, b; 314, b; 
1162, a. 

KATjTeueii', 93, b. 

KAi)T%>6s, 294, b. 

KATj-ropej, 294, b. 

KKiSavos, 546, a. 

KAi/ia, 296, b. 

KAi^axi'oer, 789, a. 

KAi'.uof 975, a; 1009, b. 

KAiVt;, 671, b; 673, a. 

K\ipl3mv, 671, b. 

KAtaias, 625, b. 

"AoTnjs Si'kt), 300, a. 

iwatpeijs, 551, b. 
•Kv4(pa\ov, 673, b. 

Kinj/uu, 378, b. 

Kf-quis, 822, a. 

K6yS, 454, a. 

Kd-yx'/. 348, a. 

K6Bopvos, 366, a. 

KorAoi/, 1122, a. 

KotTuves, 425, a. 

Ko'AoKes. 867, b. 

KoAaf, 892, a. 

KoA«ir, 577, a. 

Ko\XvSi<TTT)t, 270, b. 

KdAAuSos, 270, b. 

KoWirds, 322, a. 

KdAiros, 322, b; 1203, a. 

KoKwvai, 556, a. 

K^r), 328, b. 

Konfidnoy, 344, b. 

KofinariKa, 1146, a. 

Kofifiis, 1 146, a. 

KdvSuAos, 752, a. 

Kovionjs, 870, a ; 979, a. 

KoWiroSfs, 1 153, b. 

Kovt6s, 357, b ; 789, a. 

Kawdvov, 768, b. 

Koiri's, 622, a. 

Koirrtiv, 627, b. 

Ko'pa£, 627, a. 

Kdpoaf, 280, a ; 344, b. 

Kdprj, 891, a; 892, b. 

KopwQla K&prt), 606, a. 

KopivBidfaBai, 606, a. 

KopvSairra, 364, a. 

Kopi/ffajrixd, 364, a. 

Kopv§<v>Tnjti6%, 364, a. 

K6pvii6os, 328, b. 

Kopivi), 881, b. 

Kdpuj, 565, b. 

Kopu<pai'a, 548, a. 

Kopwvr), 126, a; 627. n. 

Kopavti, 325, a ; 363, a. 

Ko(T M 7jT^t, 365, a; 581, b; 

624, a. 
KoiTfiol, 365, a. 
Ko<r/ioirdV3<xAoi, 282, a. 
Kdrixoi, 831, b. 
KoTTofitioi', 366, a. 
KmrdGiov, 366, a. 
KdrraSot, 366, b. 
KffrTvTfi, 367, a. 
KotuAtj, 367, a ; 381, b. 
Kotuttio. 367, o. 
Kovpd, 328, b. 



1249 



Koupeus, 197, a. 
Kouptunis, 101, bi 
Kovpinos Trapdivos, S91, a. 
Koupi'r, 197, b. 
K6<pivos, 358, a. 
KoxAidpiov, 301, a. 
KoxAi'or, 300, b. 
KpdGSaros, 674, a. 
KpdSv, 1123, a. 
KpaSiTjr vi^os, 1120, a. 
Kpavos, 565, b. 
Kpa(T7re5TTai, 280, a. 
KpdrnreSov, 665, b. 
Kpar-hp, 153, b; 367, b. 
Kpedypa, 586, b. 
Kpe>§oAa, 381, b. 
KpeoirwKeiov, 722, a. 
Kpe<D7r(iA7)r, 722, a. 
Kp-qvri, 543, b. 
Kpipris, 368, b. 
KpiSojUcureia, 417, a. 
KpiKos, 627, a. 
Kpids, 133, b; 149, b. 
KpiTai', 369, b. 
Kpo/dj, 1000, a. 
KpoKan6v -6s, 370, a. 
KpoVm, 370, a. 
Kpoaooi, 537, a. 
KprfroAof, 370, a. 
Kpoveiv, 627, b. 
KpoD^o, 381, b. 
Kpovirifa, 381, b. 
Kpy7TTfi'o, 371, a. 
Kpinrrrj, 37 1 , a. 
Kpinrn'ot, 371, a. 

Kpuwroi, 372, a. 

Kpwgi/Aor, 328, b. 

Krei's, 881, a. 

Ktt)/joto 459, b. 

KvaOos, 380, b. 

Kvd/ios, 57, a. 

Kueu'ei^iui', 224, a. 

KvStaTTipfs, 1005, b; 1006, a. 

Hugos, 372, b; 1112, b. 

KvBripoS'ucris, 888, a. 

KwAo. 378, a. 

KuicAdf, 381, a. 

KvkAioSiooVkoAoi, 279, B. 

KwAoj, 35, a; 298, a ; 1034, b. 

KuAio-ii, 714, a. 

KC/ia, 381, a. 

KiifigaXov, 381, a. 

KvjiGti, 381, n. 

Kuk'tj, 565, b. 

KwrrytTiKov Utarpov, 1186, a, 
Kvv6aovpa, 1 17. b. 
KuviifToupos, 147, b. 
Kvpgwria, 920, a ; 1 130, B. 
Kvpgtis, 183, a. 
Ki/pia, ^, 399, a. 
Kupioi, 101, b. 
KOpioi, 213, a; 377, b. 
Kiitt-^, 152, b. 
K .r, 673, b. 
KtfBwr, 1 133, b. 
Kiita, 673. b. 
KwAa»fp»Tai, 310, b, 
KiiMoi, 277, b ; 279, a. 
KwfueSia, 31 1 , b. 
KinuPf 593, a. 
Kufmriioc, 351, a. 

4 L 



1250 

Kdmy], 239, a; 788, a. 
Kamd, 384, b. 
KwpvKouax' ia t 583, a. 
KwpvKos, 195, b. 
Kws, 200, a. 



A. 

Aagi7, 239, a. 
AayugoAos, 881, b. 
Aayo:6s, Aayds, 152, b. 
Ao.7<(>os, 1186, a. 
AcuuraSap^ia, 666, a. 
Aa/j.7ra^7]dpojJ.ic, 666, a. 
Aa/.iwaSri(f>op'ia, 666, a. 
AajnraSrjrpopoi, 666, b. 
Aa,u7ra5ioi', 892, a. 
Aa^i7ra5o0xos ayoov, 666, a. 
Aafxirds, 666, a. 
AaoSi'icios, 225, a. 
Aapiaaoirotut, 1094, a. 
AapvaKts, 555, b. 
AcrrayeaM', 366, b. 
AaTaj, 366, b. 
AaTpeis, 880, a. 
AavpocTTarai, 280, a. 
Aatypia, 667, b. 
Ae'gjjs, 827, a. 
AenrofiapTvpiov S'acr], 513, a. 
Asnrovavriov ypcxpri, 679, a. 
AeiwocrTpaTtov ypacpij, 679, a. 
Aei7rora|i'ou ypa<p-!i, 144, a. 
AzLTovpy'ta, 679, a. 
Awdvr), 366, b ; 872, b. 
A&tdvtov, 872, b. 
AeKTpov, 673, b. 
AeofiSei'ci, 681, a. 
AeVaSea, 397, b. 
AeirToupyoi', 681, a. 
Aeaxv, 681, a. 
Aewc&s ivrip, 890, b. 
Anvicoijxa, 903, a. 
At X epva, 593, b. 
A6 X or, 673, a ; 673, b. 
Ae'cuf, 150, b. 
ApSapiov, 853, a. 
ApSos, 853, a. 
A^iroj', 970, b. 
A-nicvOos, 192, b ; 555, a ; 558, a ; 

675, a. 
A^cna, 411, b. 
A-rjvaios, 225, a. 
Afjvaiuv, 224, a ; 225, a. 
Arjvo'i, 555, b. 
A?Hr, 1137, b. 

Arj^iapx'Kbi' ypaixjiareiov, 390, a. 

ATjIictpx 01 , 441, a. 

A^is, 403, a. 

Artpoi, 708, a. 

Ai§avop.apTi=la, 417, a. 

Aiffararpiy, 3, b. 

AiSvpvis, 786, a. 

AiSvpv6v, 786, a. 

At9oTo/j.iaL, 671, a. 

A(K^(!s, 1183, b. 

Akvo?, 411, a; 1183, b. 

AtKvotpSpos, 411, a ; 1183, b. 

AfTpa, 709, a; 814, a; 1213, b. 

Aixas, 752, a, 

Aoyiiov, 1 122, b. 



INDEX. 
Aoyitrral, 36, b. 
Aoyto-r-qpiou, 479, a. 
Aoyiar-os, 222, a ; 478, b. 
Aoyoypdcpoi, 710. b ; 1085, a. 
Ao707ro!oi', 710, b ; 1085 a. 
A6y X v, 587, b ; 588, a. 
Aoyx<>(p6poi, 587, b. 
AotTpdv, 183, b. 
AoiSai, 1000, a. 
AoiSopiaj SiV?), 217, a. 
AovT-np, 185, a. 
AouTTipiov, 185, a. 
Aourpfo, 183, b; 189, b. 

,, wp.<ptK6v, 185, b. 
AovTpocpApos, 185, b. 
A6cpos, 566, a. 
Aoxayoi, 483, a; 1098, a. 
A6 X os, 483, a ; 486, b ; 1098, a. 

,, iipdios, 185, a. 
AvKaia, 720, a. 
AvicofirjSftos, 892, a. 
A.vkos, 586, b. 
Aupa, 148, 1) ; 720, a. 
Av X vos, 713, a. 
Aux^oOxos, 236, a ; 669, a. 
Ados, 225, a. 

AW7T7J, 710, b. 
Admov, 710, b. 
AwTror, 710, b. 
Auiirodvrris, 710, b. 



M. 

WdyaSis, 779, a. 

Mayeipeia, 35, a. 

Mdyeipoi, 305, b. 

Mrffa, 305, b ; 745, b ; 870, b. 

MaLfiaKTripidi', 223, a. 

Maiawv, 892, b. 

MctjceAAa, 707, b; 848, b. 

Mai<p6v, 344, b. 

Mct/cTpa, 1, a. 

Ma\\6s, 1097, b. 

Mai/SaXos, 626, b. 

MavSvas, 665, a. 

MacSur;, 665, a. 

Mavjjy, 366, b. 

MavTthv, 836, b. 

MdfT6is, 416, a. 

Ma!"ri/(rj, 415, b. 

Map^y, 732, a. 

Mapis, 732, a. 

UdpitTTov, 732, a. 

MaptjuTnoi', 732, b. 

Maprvpla, 732, b. 

MatTTTjpes, 1224, a. 

Ma<myov6/j.oi, 735, a. 

MaariyocpApoi, 735, a. 

Mao-ril, 549, b. 

„ Kepa/j.tKT], 515, a. 
Macn-i'xT;, 903, b. 
Maxaipa, 197, b ; 373, b ; 975, a. 
tHaxa-tpiov , 975, a. 
Maxcu'pi?, 197, b. 
Meyapov, 1105, a. 
MeStfivos, 748, b. 
MefliVTao-eoi, 513, b. 
Meiaycuytis, 101, b. 
Me.'Aia, 436, a. 
MeiAi'xai, 269, a. 



Meibv, 101, b. 
Me'Aae, 170, b. 
MeAavS6xov, 171, a. 
MeAta, 587, b. 
MeAi'fcpaTop, 1205, b. 
MeAiTTot/Ta, 555, a. 
MeWetpnv, 446, b. 
MeAoiroua, 778, a. 
MefeAaeia, 749, a. 
M4pov, 750, b. 
MerrauAios &upa, 425, a. 
MeVouAos &upa, 425, a. 
Mearifigpta, 408, b. 
Mecrrf/covpos irp6<T<pa.Tos, 891, 

„ «XP"> 891, a. 
MecroAageo', 858, a. 
Miaojj.<pd\wu, 298, a. 
MerroVoixos, 869, b. 
MeraSdr-qs, 394, b. 
MerayelTfia, 759, a. 
MfTayen-viwe, 223, a. 
MeVctAAo!', 759, a. 
MeTavnTTpij, 306, a. 
MerdviitTpov, 306, a. 
MeTctpx'os, 226, a. 
MeTarTTatru, 280, a. 
MfVouAos Siipa, 425, a. 
MerewpoAoyia, 144, b. 
MtroUtiov, 166, a; 761, b. 
MeToiKOi, 761, a. 
M6T07T7), 323, a. 
Rl6T(i7raipoc, 164, a. i 
MeTpofcfftoi, 762, b. 
MtETCnirov, 786, a. 
MifAij, 274, b. 
Wlw, 228, a. 

„ ditiav, 223, b. 

,, ejj.S6Ktjj.os, 223, a. 

„ erf 86ico, 223, b. 

,, larajjevos, 223, a. 

„ koi\os, 222, b. 

„ A^7£oi/, 223, b. 

,, jxeadv, 223, b. 

,, -wavSjAevos , 223, b. 

„ irX-hp-qs, 222, b. 

,, (pd'ivuv, 223, a. 
Mrjf ucris, 443, a. 
MrjTpayvpTcu, 73, a. 
M->jTpd7roAis, 313, b. 
Mr/Vpaw, 119, a. 
M-q-rpdos, 225, a. 
MTjxaW, 722, a. 
Mrjxa^, 1123, a. 
M7jios, 763, a. 
Mi<r6o<p6pot, 758, a. 
Mio-eoO Siffjj, 764, a. 
MiuSwo-sws oi'fcou Si'/c?;, 764, a 
Mi<r0a>Tot, 758, a. 
Mi'toi, 1101, a. 
MiVpa, 764, b. 
Mirpt], 135, a. 
Mva, 931, b. 
MvtfuaTa, 556, a. 
Mfrj|UeIa, 556, a. 
M!/o!a, 366, a. 
Wvaa, 366, a. 
Mfiflaices, 290, b ; 592, b. 
M<50cuees, 290, b ; 592, b. 
Moi X e'ias yparpj], 16, b. 
MohvSSlSes, 554, a. 
MoAv§Sjj.avTeia, 417, a. 



tfoyapxla, 766, a. 
yiuvSrypapixov, 900, b. 
Movofidx oi i 574, a. 
VlovoxpiifiaTov , 900, b. 
Mupa, 483, a; 768, a. 
Kop'uu, 142, a. 
Muuf^x" 1 . 769, a. 
Moufuxiai', 223, a. 
Moutreio, 772, b. 
Mouo'eloj', 772, b. 
Mnwiicfi, 772, b. 
MoxMs, 626, b. 
Mu/cT^p€j, 7 13, a. 
MuAor, 765, a. 
Mu|oi, 712, a. 
MvpuH, 780, b. 
WlvpWKts, 269, a. 
VlvpoOrixiov , 192, b. 
My.'jifa;, 35, a. 
Muj^ivmis, 1205, a. 
Muo-ia, 780, b. 

MvarayarySs, 453, a ; 477, a. 
Mwtoi, 453, a. 
Mv<xto£, 730, a. 
Mu<rTijpio, 781, a. 
Miktti'A7), 305, a. 
WlvaTpov, 305, a ; 782, a. 
Mvarpos, 305, a. 

Ml/tUTTTiffll', 220, b. 

Mianf,, 220, b. 

N. 

Noioioc, 556, b. 
Nods, 97, a ; 1105, a. 
Naoopx' a > 782, b. 
Nouopx oJ > 782, b. 
NouKXijpoi. 1087, b. 
NauKpap'ta, 782, b ; 1 155, b. 
Navxpapos, 782, b. 
NoCi, 783, a. 

Naurufoi avyypcupal, 525, b. 
NairriKoi TijKai, 525, b. 
NauTiicdc, 525, b. 
NaurooiKCU, 793, a. 
Utaviaicoi airaAdi, 892, a. 

„ /m'Aoi, 892, a. 
£av0<{i, 890. b. 
olKot, 890, b; 892, a. 

>> *dyxpy<noi, 890, b. 

,, irdpovAor, 890, b. 

, , trdpuxpot, 890, b. 
irifopiJi, 890. b. 

„ irnipayitoi, 890, b. 

,, u>xp6i, 890, b. 
UtttpiSttwrow, 557, a. 
NtKpoOdnrat, 558, n. 
NfKvoiuu>Tf7ov, 842, b. 
NfKuirio, 558, n. 
N«ki/(Tioi, 226, a. 
N*Moro, 794, b. 
Nipta, 794, I). 
Nt/uia, 794, I). 
NtotanwZtis, 592, a; 705, a. 
N«op.7jWo, 223, a. 
N<o<pvAaxf t, 1 1 1 I, b. 
N<wK(jpoi, 20, a ; 795, b. 
Ntwpm, 782, a. 
N(M, 1105, n. 
NiwrraiKai, 782, n, 
NTi(TT«i'a, 1 128, a. 



INDEX. 
Ho/MTna, 767, a ; 808, b. 
Nofi'iaixaTos Sta<t>0opas ypa<pri, 

803, b. 
NoMofleTTjs, 123, b ; 805, a. 
Nd^os, 803, b. 

„ /cpaSajs, 1 120, a. 

,, -irvOmos, 977, a. 
No,uoipi/AoJC€s, 803, b ; 831, a. 
Noufirifia, 223, a. 
Novnnos, 814, a. 
tivnQaryuiyis, 737, b. 
Nvfi<p(vT7)s, 737, b. 
NiWa, 610. b. 



Eavfli/ccJr, 225, a. 
Eavflus avjjp, 890, b. 
s.afduTepos avr\p t 890, b. 
Eepctyt'a, 488, a. 
Howyof, 1222, b. 
EeiTjAcwio, 1222, b. 
EeWa, 619, a ; 620, a. 
Etna? 7pa<p7j, 1223, a. 
Efnicd, 761, b. 
Eeviwiv Tf'Aos, 36, b. 
Ee'i or, 619, b; 758, a. 
Eevwver, 425, b ; 620, a. 
Eeo-rijr, 979, b; 1043, b; 

1223, b. 
aiipos, 577, a. 
"Biiovov, 1059, a. 
EvAoKoiri'a, 564, b. 
Evpi'ar oi^ip, 890, b. 
s.vp&v, 197, b. 
Emttopx 01 . 581, b. 
Evtttjp, 984, b. 
z.vm6s, 580, b. 
EiWpa, 185, a. 



O. 

'OgfAiif, 816, b. 

'OSo\6s, 821, b : 931, b. 

'OyorfSiov, 1127, b. 

'Oy/fia, or Ou7«i'a, 1213, b. 

'Oyxos, 890, b. 

'Ohuindypa, 275, a. 

'Ooomdrptnna, 394, a. 

'OSoiroioi. 613, a; 1193, Ij. 

'O0<*«?, 851, b. 

'OB6viov, 851, b. 

Oikc'ttji, 1034. b. 

OiKfTiK&v fitauiiovpov, 891, a. 

Oi'xji.uoTo, 425, a. 

Oi'ki'o, 423, b. 

Oi'k/os jiici), 823, b. 

OiKio-Ttjj, 313, b. 

OIkoi, 425, a. 

07»coi, 423, b. 

OiifdffiToj, 441, a. 

OiKorpfSoioi, 1034, b. 

Oiko'tp4, 1034, b. 

Oinjpol 3«pd»orr«5, 1083, a. 

OiViirnfpia, 328, b. 

OlvdpuM, 1205, n. 

Ofrut, 1201. n. 

OivtKpopov, 823, b, 

OiVox<i<u, 101)2, b. 



1251 

Olvoxooi, 1083, a. 
'Otto's, 149, b ; 1001, a. 
Oluvimai, 174, b. 
OiWiffTiKjj, 471, a. 
0!Oii'07rdAoy, 174, b. 
OlwvoaK&iroi, 174, b. 
'OKpi'SafTes, 1122, I). 
'OKpiSas, 902, b; 1122, b. 
'OtfTacrTt/Aos, 1105, b. 
'OAi7opx''a, 134, b ; 826, b. 
'OAwaSfs, 785, a. 
'OAkoi, 785, a. 
"OAjtos, 768, b. 
"OA^os, 1163, a. 
'OAoKouTety, 999, b. 
'OAocripi/piiAoTo (pya, 726, a. 
'OAi//x7rio. 828, a. 
'0\v/iTrids, 883, a. 
"OAvpa, 56, b. 

'OlxoyiXaKTts, 290, a ; 1154, b. 
"Opioioi, 291, a ; 613, a. 
'OfioKoylu, 1081, a. 
'Oficxpuivia, 773, b. 
'OntpdAos, 298, a ; 488, a. 
'0«ip07roAia, 417, b. 
"Ofo/xo, 800, a. 
"Ovos, 765, a. 
'Ofi'r, 4, a. 
"O£os, 1204, b. 
'OJi/Saipiw, 4, a. 
'oliSa<pov, 4, a; 381, b. 
'O£vypd<poi, 806, b. 
'O^eAi, 1205, b. 
'Omj, 761, b. 
'OttktOo'Sojuos, 1105, b. 
"OirAo, 135, a. 
"OjrATjTfr, 1154, a. 
'OtAItoi, 135, a. 
'Onupa, 163, b. 
"Opyavov, 722, a. 
'Opyia, 781, a. 
'Opyvid, 751, b ; 845, a. 
'Opfi'xoAicos, 845, b. 
'OpBoSupov, 751, b. 
"Opxiiw, 661 , b. 
"Op/cos, 659, b. 
"Op/ioj, 767, b; 1006, a. 
'Opvis, 14!), a. 

,, olfoAos, 149, a. 
Opoi, 99, a; 614, b. 
"Opuy/ia, 196, b. 
'Op<pds, 152, a. 
"OpX>?<™, 1004, b. 
'Opx>)<rTpa, 1 122, a. 
'OpxT'Ti'V, lDO-1, li. 
"Offioi, 837, b. 
'OiTiwrilp, 837. b. 
'OaTpdxiov, 532, l> ; 555, a. 
'OoTpaXttTfi&i, 51 1, a, 
"OaTpaitnv, 532, b. 
'Oax^'popia, 845, b. 
'Oaxoipipot, 845, b, 
OSas, 533. a. 
Oiiyyia, 1213, b. 
Ovyicla, 1213, b. 
OlSat, 624. b. 
OuAo^ioI, 483, b. 
OiAof dtpairwi', 892, a. 
Ou\6xura, 999, b. 
Oi-Aoxi>rai, 999. b. 
Oipayus, 484. a; 488, a j 497,1k 
4 l 2 



1252 

Obpavia, 918, b. 
Ovpidxos, 587, b. 
Ouirlas S'ikt}, 461, a. 
"0<pHS, 136, b. 
'OcpBaA/j.b'S fidaicovos, 521, b. 
'Otpwvxos, 149, a. 
"Ocpty, 148, a ; 149, b. 
'Oxovtj, 298, b. 
"Oxavoc, 298, b. 
"Oxnita, 1185, a. 
'Ox^oKparia, 391, b; 821, b. 
"Oi|/7j/ia, 835, b. 
'O^oSo'ictj, 873, a. 
v 0^oi>, 835, b. 
'0^/ofo/j.oi, 836, b. 
'Oi/zoircoAeibi', 722, a. 
'Oi|/o7rwA7js, 722, a. 
'Oif/oTraiAi'a, 722, a. 
'OiJ/ocJ)a7i'a, 836, a. 
'Otytxpayos, 836, a. 
'O^wi'jjs, 836, a. 



n. 

nayKpaTiaiTTa'i, 857, b. 
YlayKpdriov, 857, a. 
Ila7xP') <rT05 > 892, a. 
Uaidv, 846, b. 
IlaiSay^os, 847, a. 
Haioapiuves, 36, a. 
TWaiotaiceiov, 605, a. 
naiSoyojuoy, 848, a. 
IlaiSoTpiSat, 581, b. 
IIai5oTpo<pia, 738, b. 
Tlcutiaves, 36, a. 
na(7)wj', 846, b. 
Ylaiwv, 846, b. 
JldAato~fj.a, 713, b. 
Tiahauj fxoavvr) , 713, b 
na\aio-T7f, 372, b ; 751, b. 
naAaicrrpa, 849, a. 
YlaAaiarpoipvAaKes, 582, b. 
naAT), 713, b. 
Tla.KijKcivT]\os, 258, b. 
naAAa«?j, 349, a ; 892, b. 
TlaAAaKis, 349, a. 
TlaA-roV, 587, a. 
HafjigoidiTta., 854, b. 
Xldfj.fj.axoL, 857, b. 
TldficpvAoL, 572, a. 
HaVofKis, 223, a; 224, a; 225, a. 
naVSia, 861, a. 
UavooKsTiov, 258, a ; 619, b. 
TlavaAArivia, 861, b. 
Tlavrryvpfi , 861, b. 
nafiwcm, 861 , b. 
ITarairAiij, 135, a. 
Ylavov\Kos, 1 101, a. 
na'n-7ros, 892, a. 

,, eTcpos, 891, b. 
,, irp&ros, 891, b. 
YlapdSacris, 344, a. 
ITapagoAiof, 106, b ; 863, a. 
UapagoAov, 106, b ; 863, a. 
napa7ya6iSes, 566, a. 
TlapayvaQioiov , 548, a. 
napa7pacp7;, 93, a ; 470, a ; 869, 
a. 

Xlapaywyq, 484, b. 
YlapaycoSris, 864, a. 



INDEX. 

Ylo.pdStuyos, 863, b. 
riapaSpo/ii'Sej, 580, b. 
TIo.pa8vpa., 625, b. 
IlapaigoTr;y, 379, b. 
Ilapa/caTagaAAei;', 596, b. 
TlapaKaTagoAij, 93, a; 103, b; 

403, b ; 863, a. 
UapaKaTaBriKi], 102, b; 863, b. 
TlapaKaTaBrficrfs Si'io;, 102, b. 
IlapaAeyecrBai, 197, b. 
HapaAtrai, 865, a. 
IlapaAoi, 865, a ; 1155, a. 
TldpaAos, 865, a. 
Tlapd/xeaos SoktvAos, 95, b. 
Tiapavolas ypa<prj, 865, a. 
Tlapav6fxwv ypa<pj), 856, b. 
Tlapawfxtyos, 737, a. 
YlapairiTaaixa, 1122, b. 
Ylapa.irriyfj.aTa, 154, b. 
napa7rpe<rgei'a, 866. a. 
TlapaapeoSe'tas yparpfj, 866, b. 
napcnri/Ai's, 843, a. 
Tlapafipvfxara, 790, b. 
TlapaadyyT) 1 *, 866, b. 
Xlapdo-rffxov , 699, a. 
napcttriTo?, 892, a. 
napaffKTjrioi', 1122, a ; 1146, b. 
IlapaiTTaSes, 97, a. 
Uapao-rds, 97, b ; 425, b. 
TlapdaTa.fji, iv, 1105, b. 
Uapdarams, 403, b ; 867, b. 
Uapao-rdrai, 593, a ; 789, a. 
Xlapa<pwvia, 773, b. 
YlapaxopvyOfJ-a, 1146, b. 
Tiapdxpwfjos, 891, a. 
ITapax!'T7)s, 185, b. 
Haoox<j.'PVyVt aa > 1146, b. 
napo.TpT)<piaToi>, 892, b. 
Tlapedpia, 868, a. 
IlapeSpof, 867, b. 
Tlapeio-ypacpri, 868, a. 
ITap6i(T7pa<p7;s ypo.rprf, 868, a. 
Uapriyopijfj.aTa, 1146, b. 
Ilctpii'i'op, 548, a. 
Tlapriopos, 378, b. 
napfleveiai, 871, a. 
Uapdevla, 871, a. 
UapBtvoi, 871, a. 
TlapBivos, 150, b. 
napoSoi, 1122, a. 
Yldpooos, 280, a. 
Ilapoxos, 737, a. 
Tlapvcpri, 707, b. 
natrrd's, 871, a. 
Tlao~TO<p6piov , 871, b. 
nairTo<pdpos, 871, a. 
ndVancoi, 639, a. 
Tlaxzia ypais, 892, b. 
rteSiaioi, 1155, a. 
ns'SiAoc, 220, b. 
Xle^aKOvrunal, 503, a. 
ITe^eVaipoi, 488, b. 
neAaiai, 840, b. 
liehdrat, 882, a. 
neAaTi)S, 295, a. 
neAei'aSes, 840, b. 
IleAeKus, 1614, a. 
mXratrrai, 135, b ; 487, b; 882, 
b. 

nfA-rr;, 882, b. 
TleviaTai, 882, b. 



navTanTrfpis , 222, b. 
nej/rcieAoi, 883, a. 
nepTaflAop, 883, a. 
YlevraKOGLapxio:, 488, a. 
UavTo.Koo-ioixiotjxvoi. 266, a ; 

1155, a. 
ncfToAifl/few, 1095, b. 
TlzvTdAidos, 582, a. 
YlavTa-KTvxa., 1092, a. 
rie^T^K^cTopoy, 785, a. 
nevTrj/couT-i), 884, a. 
U(VT7]Koarr]p, 483, a. 
ITeeT7ji«KrToAd7oi, 884, a. 
Tl^vTrjKoo-Tvs, 483, a. 
Il6!'T7jp6iy, 785, b. 
neTrAos, 884, b. 
TlspiaKToi. 1123, a. 
TlepiaKTos, 887, a. 
Ylep'ia/j.fj.a, 91, b. 
riepioTTToc, 91, b. 
UepigArifia, 79, a. 
Ilepigo'Aaioj', 79, a. 
Ilepi'goAos, 996, b. 
nepi'SeiTTOf, 577, b, 
nepieVios, 225, a. 
Ilepffayia, 1075, a. 
nepi/roxAioy, 300, b. 
Tlepifi-qpia, 524, b. 
nepiVew, 788, b. 
TleptoiKoi, 290, b; 887, a. 
Il6pi7r6Te(a, 1145, b. 
Tiepnr68ioi>, 639, a. 
nepi'iroAot, 463, a ; 486, b. 

Il6pi'7rT6pOS, 1105, b. 

TlepiTTTvacreiv, 484, b. 
TlepippavTripia, 11,05, a. 
Ylepia-xeAAis, 889. a. 
Uep'to-Tia, 441, b 
nepicTTi'apxos, 441, b. 
Uepio-rvMov, 425, a ; 889, b. 
nepn-e!X!o>«is, 1183, a. 
nepiVios, 225, a. 
neptivr;, 531, b. 
Jlepoi>7)Tpls, 531, a. 
riepow's, 531, b. 
nep<reus, 149, a. 
IleoW, 670. b. 
neTaA«r,U(is, 515, a. 
neTacioc, 920, a. 
neVacroy, 920, a. 
Ylsravpou, 748, a. 
Herevpov, 748, a. 
IleTpogdAos, 1138, b. 
UriSdAtov, 788, b. 
IIjj'AtjI, 565, b. 
n?)A07raTis, 889, b. 
nrjj/r;, 1101, a. 
riTjciicT), 330, a. 
Ut)vlov, 565, b ; 1101, a. 
rbjpa, 886, a. 

Tivxvs, 126, a; 721, b; 751, b 

880, b. 
Uidos, 1202, a. 
111601710, 412, a. 
niAri/xa, 920, a. 
UiAiov, 920, a. 
nrAos, 920, a. 
niAcuTdf, 919, b. 
Yltvaiaici), 144, b. 
HiVof, 1092, a. 

,, zKicAT]o-iao-Ttic6s, 392, b. 



nlavuxris, 1202, 

TlKaiaiov, 485, a. 

n\of7]Tai, 922, a. 

nkavteuivoi affTf'pEs, 922, a. 

Tl\a<TTiKTj t 1059, a. 

UKarayfi, 381, b. 

nAemrycui/ioi/, 381, b. 

n\40pov, 753, b ; 928, a. 

nAeiorogoAiVSa, 1112, b. 

riA7;8wroToj, 225, a. 

TWriKTpov, 721, b. 

nAij^Tj, 378, b. 

ITA7)^o^(Jai, 454, a. 

riAi)fiox<ii), 454, a. 

nAivfl/oi/, 485, a ; 668, a. 

UKivBh, 668, a. 

UKivQos, 668, a ; 923, a. 

UKolov, 785, a. 

TlAou/iap'tos, 851, a. 

nAuxrfyHa, 928, b. 

nwyos, 344, b. 

IWI, 440, b. 

no'Sfj, 783, b ; 790, b. 

UoaoxoKKT), 240, b. 

rioifTi', 14, b. 

TloittaOcu, 14, b. 

UoiriJn, 1 4, b. 

TIoirrr6s, 14, b. 

noi/ciATijs, 851, a. 

noii^j, 929, a. 

notrpiirios, 224, a. 

I7oAf|Mcpxor, 123, a ; 483, a ; 
929, a. 

rioAii KarciKOfioi, 890, b. 
noA( T ffo, 288, b. 
noAinjs, 289, a. 
no\irocpvkaKts, 1094, a. 
n<iAoi, 615, a; 929, b. 
noAiVuTOJ, 1101, b; 1102, b. 
Tlokinrrvxa, 1092, a. 
rioAiTii, 931, a. 
noi/roj, 226, a. 
Tlopiaral, 942, b. 
Uopi/flov, 605, a. 
U6prn, 604, b. 
Uopvinbv TeAos, 605, b. 
TlopvoSoaKoi, 605, a. 
nopvoGuan6t, 891, b. 
T\upvoypajp'ta, 912, n. 
TXopvoTtKuvtu, 605, b. 
n^of, 298, b. 
nSprq, 531, b. 
T\Apmiy.a, 532, a. 
n^T'iS- »», 223, a ; 224, a ; 

225. a. 
TloaiiSuvia, 945, b. 
TlootSaui>, 225, a. 
Tlorupdt, 152, b. 
nrfrot, 1082, a. 
noCi, 751, b ; 893. a. 
TXpixroptt, 951, a. 
Tlpa^iipyiSat, 928, b. 
nparhp \l0ot. 1034, b; 1205, b. 
TlptaSvrw , 891, b. 
npTprrrjptt, 543, b. 
n^<rri>, 151, a. 
rtyiW, 1029, a. 
Tlpo&yvtvati, 453, a. 
Ilpocryuryd'at ypaipii), 958, b. 
ITpoSoA^, 426, o ; 958, b. 
II ooGo i -ii ii. 211), b . 806, a. 



INDEX. 

npoSovkevfta eVeVeioc, 211, a 
TlpoSovKoi, 960, a. 
Tlpoydueta, 737, a. 
npo5»ca<r/a, 897, b. 
TIpoSofjLOs, 1 105, a- 
ripoSoerta, 961, a. 
IlpoSoffi'or ypcuprj, 962, a. 
ITpo5pojw>9, 425, b. 
npoe8peuoi/<ra <pv\ri, 212, b. 
ripoeflpia, 646, a. 
IlpdeSpoi, 210, b;212, a. 
npoei<T<popd, 449, a. 
Hpoficr<popas Sim), 962, b. 
ITpoe^goAis, 787, a. 
TlporipoiTia, or ripoTjpoCTi'oi, 962 
ITpiWeirir, 555, a. 
npofl€o>''a, 460, a ; 964, a. 
TIpo6((T)itai viuos, 964, a. 
Tlp6Bvpa, 424, b. 
TlpoBvpov, 627, a. 
lipoids 5i)c7;, 1048, a. 
npoif, 436, a. 
TlpoKiBapois, 453, a. 
TlpoKaXfiaBai, 398, a. 
rip<;/coTo§oA7), 1103, a, 
nprf«ATj(7is, 398, a ; 403, 

404, a ; 732, a. 
XlpoKon'iov, 423, b. 
WpoKvwv, 152, b. 
np</Ao7oj, 1 146, a. 
npo/mvreta, 837, a. 
npipamts, 839, a. 
Upo^Bfta, 962, b. 
npopurfiarpiau, 736, b. 
npo.unj<rTp;S«j, 736, b. 
rip<iyooj, 1 105, a. 
ITpoJfWo, 619, a ; 620, a. 
nprffcros, 620, a. 
npfirour, 790, b. 
npowuAoio, 963, a. 
npipfatTis, 897, a. 
IIpo(r((aTa§A7)/xa, 1 1 03, a. 
npoo-K«pd\ttuv, 555, a ; 673, 
UpofTK^vioy, 1 122, a. 
npiJ(r)(A7j<ris, 403, a ; 733, a. 

ripO(TKVV1)7IS, 16, a. 

Tlpocrooov ypd^aaOat, 211, a. 
Tlpoards, 425, b. 
IlpoiTTaT^pios, 224, a. 
npoCTTdnjs, 295, a. 

,, toD hr,pj>v, 964, a. 
TlpooTipMv, 1 133, a. 
npoiTTiputuOai, 1133, a. 
Tlpu(TTip.Ti)M, 1133, a. 
T\potn6ov, 425, a. 
npdim/Aoi, 1105, b. 
rip<{iTTwro, 457, a. 
np^TTinros, 1 181, a. 
ripoiranrtToy, 889, b. 
XXpAauitav, 889, b. 
npoT«'A«io T-cf^to;*', 737, I, 
npoTop.il, 133, b. 
IIpiWoi, 783, a ; 790, b. 
riporpi/yia, 964, b. 
npat/cdcoi, 36, a. 
flpoip^TTjf, 453, a. 

UpOlprYTli, 837, a. 
npoxnpoTov/a, 211. 
lie ' \ ' uq , 120 1 , b. 
Upoupoola, 92, b. 
npi/A<«t, 278, b; 1005, a. 



1253 

npuAit, 278, b; 1005, a. 

npi5/x»T), 787, a. 

npirra»'6i'a, 210, b. 

npuravfTia, 103, b ; 970, b. 

npirrtweiby, 970, a. 

npvravus, 210, b; 970, b. 

llpwt, 408, b. 

Upwpa, 786, a. 

TlpuTayuvirTTiis, 611, b. 

ripoiTtJAeiov, 433, a. 

ITpcDToiTTOT77j, 484, a. 

IlTt/KTioc, 1092, a. 

ITtiW, 848, b. 

nvavtyta, 976, a. 
, b. nvavejitiov, 223, a. 

riu7^oxi'a, 974, b. 

Uuyuij, 752, a ; 974, b. 

llvy/ioo-vm), 974, b. 

Uuyuv, 752, a. 

IIue'Aoi, 185, a ; 555, b. 

rii/OoiiTToi, 978, a. 

niSia, 976, b. 

IltJfliKoj vopLus, 977, a. 

niflioi, 978, b. 

Ihfflxptltrroi, 480, b. 
a; T\vkvu<ttv\os, 1106, a. 

nO/cTai, 874, b. 

TIvkt/oi', 1002, a. 

riuAa^opai, 80, b. 

ni/Aai'o, 80, b. 

ni\ri, 943, a. 

tluAi'j, 943, a. 

TlvKuv, 425, a ; 943, b. 

nil 974, b. 

nvliSiov, 978, b. 

nvl'tov, 171, a ; 216, a. 

nufu, 978, b. 

nilos, 216, a. 

nvpdypa, 545, a. 

riupai, 555, b. 

nup7os,481,b; 976, b; 1774, b. 
rii/p. r o, 185, a. 
b. nvpiarrjpiov, 185, a. 
nvpopavrt la, 4 1 7, a. 
nvp'p'iXV- 1005, a. 
nvfttxwral, 1005, a. 
nir/u-v, 196, b. 
noiAijTai, 884, a j 929, b. 
ria'AijT^pioi', 929, b. 



P. 

'VaSllov, 903, a. 
'PaGoovopLot, 32, a. 
'P(£eSoi, 402, b; 1209, a. 
'PaGSovxot, 32, a ; 1 125, a. 
'PaGStxpdpot, 1 125, u. 
'PoSfneioi, 226, a. 
'Paitrrhp, 726, a. 
'Poipff. 13, b. 
'Piiyta, 673, a. 
'PttiVt) rrxivivv, 903, b. 
'Pt)Topiic7j ypcupi), 462, a ; 994, b. 
'PriTpa. 804, a ; <ifM. b. 
'PWp, 994, b; 1086, a. 
'PivoiruAj;, 943, a. 
'Piw/i, 539, n. 
"Piirmr^p, 539, a. 
'PoJttfTj, 1 100, a. 
'PoJ^Ai, 1205. b. 

4 l 3 



1254 

'Powrpou, 627, a. 
'Pvicdvi), 996, a. 
'Pinna, 185, b. 
'Pv/iSs, 117, b ; 378, b. 
'Pvirapoypatpia, 912, a. 
'Piata, 1081, a. 
'Put6v, 995, a. 
'Pu>Ijloaos, 225, a. 



2. 

Sa^afoy, 851, b 
2a§wnj, 1007, a. 
Ztayiqvtieiv, 990, a. 
Ztayrivr), 989, b. 
2a7iov, 710, a. 
2ai<Kias, 1203, a. 
2aic«os, 329, b; 996, b. 
Sdicos, 135, a. 
lta\a/iivia, 865, a. 
2aActfuVioi, 865, a. 
2aA7n7f, 1170, b. 
2a/.i§wT;, 1007, a. 
Han§vKio~Tai, 1007, b. 
2cu , 5aAioi', 1007, b. 
'tduZaXov, 1007, b. 
S,avU, 625, b. 
2ctpa(co!', 59, a. 
S,apUv, 989, a. 
2apicc5, or ~Zdpio~aa, 488, 

589, a. 
Ztdrvpos, 1141, a. 
2at/pa)Tifjp, 587, b. 
2egaa-T(*s, 225, a. 
2eipcuos, 379, b. 
Z>,eipa(p6pos, 379, b. 
2ei'pios, 152, b. 
2si<rax0eia, 1014, a. 
~S.il.mpov, 1046, a. 
2»)/co!, 142, a. 
2Ws, 260, b; 1105, a. 
27j^aiai, 1044, b. 
2^iaTa, 556, a. 
2^fieio7pd(poi, 806, b. 
27?M£Tof, 638, a; 1044, b. 
28fVia, 1071, a. 
2i5?)po/ia!/T6i'a, 417, a. 
2i/ceAiKoy, 892, a. 
2i'ici wis, 280, a. 
2if5cuj', 851, b. 
Utaipa, 882, a. 
~2,io~ipva, 882, a. 
2iTei/Trfs, 520, a. 
~%nt)pio-iov, 487, a; 1048, a. 
2iT07r£uAai, 1047, b. 
2n-os, 1047, a. 
2i'tou 5i(c?7, 1048, a. 
~2,iTO<pvXa.Ktiov, 618, a. 
ZZnotyiXaKts, 1046. b. 
SiTwvai, 1047, b. 
2/raAei'a, 52, a. 
2/cciAi's, 1008, a. 
2/caAjtioi', 787, b. 
2,Kcnrdv7), 848, b. 
2/ca7re'5pc[, 582, a. 
Zticdcpn, 366, b ; 786, a. 
2/ca<j>i'oj', 848, b. 
"Ziciivapvov, 141, b. 
Hiairi /tpe/xacTTa, 789, b. 

„ £i5Aiya, 788, a. 



INDEX. 
2«etJi7 trXeKra, 788, a. 
2K6t/o4>opos, 623, b. 
2kij^, 1 122, a. 
2kt)7tto0xoi, 10U, b. 
~2.\a)T!Tpov , 1011, a. 
2«i'a, 900, b. 
~2,Kiaypa^>y\, 900, a. 
~S,Kiaypatpia, 900, b. 
2/cict5(=!oi', 1213, a. 
ZSiciaSrjipop'ia, 623, a. 
2(c!a5ioc, 1213, a. 
2iciaS!(r«7j, 1213, a. 
1tKid8r)pov , 615, a. 
2/ciek, 944, a; 1128, b. 
2/ci' l " 7r0UJ ) 674, a. 
Hiupotyopidv, 223, a. 
2«oAa|, 553, a. 
2k6\o<P, 370, b. 
HKopu'ws, 151, a. 
2/cutfai, 391, b. 
2/cupi'a 81/07, 1013, a. 
2KuTaA7), 1013, a. 
2/urjy^a, 57, b. 
2^1'Atj, 274, 1) ; 420, a. 
Ztniviv, 984, b. 
2<5Aos, 415, b. 
2opoi, 555, b. 

2™^, 118, b; 577, a; 1101, b. 
27ra07)Tds, 1101, b. 
ZSwdpyavov, 634, a. 
a ; 2TapT07rrfAios Ae/cn/c^, 892, b. 
2ire?pa, 1053, a. 
2werpai Poelai, 269, a. 
Hirzipiov, 853, a. 
ZZirupov, 853, a. 

2mea/x7i, 372, b; 751, b; 1053, b. 
~2,iroyy'ta, 905, a. 
27rofSoi', 306, a ; 100, a. 
~2,TrovBo<t>6poi, 607, a. 
27r<5f5uAoi, 971, a. 
2TaSio8p<i J uo!, 1055, b. 
2tci5iov, 1055, a. 
2TaSios, 1055, a. 
S,Ta.6noi, 931, a. 

2x00^*, 624, b ; 706, a ; 729, a. 
2Ta(fytoDxoi, 1087, b. 
Srdcrinov, 1146, a. 
2TaT7jp, 1056, b. 
~travp6s, 370, b. 
"2,To.<pvXob'p6noi, 242, a. 
2Te>,uo, 1029, b. 
2Te<J>aeT)7rA<Sicoi, 1029, b. 
~%Te(puvoirX6Kiov, 1030, a. 
l%T«pavoTrX6lcoi, 1029, b. 
Z%ri<pavos, 148, b; 359, a. 
2T6(pa»/CD J ua, 1029, b. 
2T7jAai, 550, b. 
2t^ i h£uc, 1100, a. 
2ti'xos, 280, a. 
2TAe77i's, 185, a; 329, a. 
2roa, 944, a. 
2to<xos, 280, a. 
2-niAos, 786, a. 
trSnfv, 548, a. 
2Toxeioy, 615, a. 
ItrpaWeios, 225, a. 
2TpaT5)7i's raCs, 1074, a. 
2TpaTi)7<Jy, 5, b ; 27, b ; 1073, a. 
„ 6 iitl SioiKTicecor, 
1097, a. 
2TpaT<Jci/cos, 225, a. 



STparis, 481, a. 
HrpeiTTSs, 1140, a. 
~2,TpoyyiXai, 784, a; 785, a. 
2Tpo<peus, 241, a. 
2Tp<icp(7£, 241, a. 
Z%rp6<piov, 477, a. 
2ti^Aos, 323, a; 1071, a. 
HrvpaKtov, 587, b. 
Itripal, 587, b. 
2L>77fVe(a, 595, b. 
2u77ei>6is, 595, b. 
Ztvyypa<pe1s , 960, a. 
2i/77patpi7, 1086, b. 
2u7icArjTos eKKXn]o-ia, 439, b. 
~SvyKon«TT7}pta, 76, b. 

2,VK0tpd.l'TT]S, 1079, b. 
HvKotpavTLus yptup-q, 1080, a. 
SOAai, 1080, a. 
2uAAo76?s, 1080, b ; 1224, b. 
2u/a§<$Aaiov, 1080, b. 
HvnSoXaiwv 7rapa§acr6ctis Sikt;, 

1080, b. 
ZtvnSoXri, 304, b. 
2iV§°Ao!', 402, b; 1081, a. 
2u / u§oAcdj' curb Si'kcu, 1080, a. 
~2in§ovXoi, 868, a. 
%inn°-X°h 1050, a. 
~£vnnopia, 449, a ; 1160, a. 
Hvn^oawv, 1082, a. 
S.vn<pop<Zs, 485, b ; 929, a. 
ZZvn'puvia, 778, b. 
~Zvvayayrj, 357, b. 
2i/raAAa7 J ua, 1080, b. 
2w8i/coy, 1084, a. 
Hvvb'pon'h, 144, b. 
2w€Spiov, 1084, b. 
2we5poi, 1084, b. 
~ZvvriyopiKiv, 1086, a. 
'Swiiyopos, 124, a ; 478, b ; 

1084, a. 
-%vv6t]kv, 1080, b. 
Hvv8t)Kuv TrapaSd&ews Si'/oj, 

1080, b. 
2iV£)j7,ua, ] 1 13, a. 
2wo5oj, 357, b. 
~S,vvoiKicria, 1087, a. 
ZtvvoiKla, 1087, a. 
IZwovaia, 357, b. 
'SivTayna, 488, a. 
2u^Tcti6is, 1084, b. 
2iWa£is, 446, b. 
ZZwrtXtia, 1 160, a. 
2ucT6A6ry, 1160, a. 
ZSvvTpnjpapxoi, 1159, b. 
Itvvwpis, 378, b. 
2vpi7|, 1083, a. 
2up,ua, 1088, b. 
Z%io~K7}vot, 357, a. 
2iwma, 1088, b. 
2u<TTa<ris, 488, a. 
2u'o"tuAos, 1106, a. 
Stpayis, 373, b. 
2<paTpa, 918, a. 
2<praipcti, 269, a 
2tpaip6iy, 918, b. 
2<f>cu'pi(m, 582, a. 
ZZ^aipiar/ipiov , 582, a ; 918, 

b. 

2tpaipi<TTi(0), 918, b. 
2<paip<(XT(/c<k, 582, a ; 918, b. 
Htpcupimpa, 918, b. 



INDEX. 



1255 



'SQaipofiax'ta, 582, a. 
S(p€vS6vTt, 96, b ; 329, a; 553, 

1056, a. 
S^evSofTjToi, 553, b. 
-2,<p7lvoir&ywv, 890, b ; 892, a. 
2<pi7KT7j/>, 136, a. 
2<pi8€j, 721, b. 
2<ppayis, 95, a. 
2<pupa, 726, a. 
~2.<pvpiov, 726, a. 
SxeSi'ai, 783, a ; 936, b. 

Terp&ytoyov, 602, a. 
2xoiXi'a, 790. 
2x<«>'o§OT7;f, 553, a. 
2xo'vos, 101 1, b. 
2wArjV, 538, b. 
2H<7Tpa, 1035, b. 
'S.uKppoviUT-fipiov , 240, b. 



T. 

Tayot, 1093, a. 
TaiWa, 521, a; 1075, a. 
ToiWoioi', 1075, a. 
TaAovTa, 706, a. 
TaXavrov, 810, a; 931, b. 
Td\apos, 220, b. 
ToAoffi'a, 1099. b. 
Takatriovpy'ia, 1099, b. 
Ta.ui'ai, 1096, a. 
Tafiifia, 738, b. 
Tai'tapxoi, 1098, a. 
Ta^j, 486, b ; 488, a. 
Td*VS, 1097, a. 
Tct7r,s, 1097, a. 
Taipis, 738, a. 
Tdpaos, 368, b. 
Tavpuov, 224, a. 
TaSpos, 1 50, a. 
Ta<poi, 556, a. 
Taippoiroiof, 469, a. 
Td<ppos, 1183, b. 
Taxu7p(£^oi, 806, b. 
TiBptinros, 379, b. 
Tcix'oi', 868, a. 
TuXOTtoiii, 1099, a. 
Tfixos, 769, b. 
TfhapLiLv, 196, a. 
TiKttov }.ki\v, 892, b. 
T«A«to.', 781, a. 
T«Aoj, 488, a ; 1103, a. 
Tt\avapxv!. 884, b ; 1 102, b. 
T«Aiin,r, 384, b ; 1 102. b. 
Xiymnt, 1103, b, 1104, a. 
TfrpdSpaxnof, 438. b. 
TtrpaXoyia, I 1 44, a. 
Ttrpaopta, 379, b. 
Ttrpdpxvs, 1119. b. 
Tnpapx'ia, 488, a; 1119, b. 
T«Tp<i/xTuAoj, 1 105, b. 
TtTrfpm, 785, b. 
TcTptiSoAoi/, 438, b. 
TtTTapdKovra, of, 1119, b. 
T»ux«o. 135, o. 
T^wor, 1134, b. 
Ti^upo*", 1008, a. 
TfjAu, 59, a. 
Ttdi>a, 1130, a. 
Tiapoj, 1130, a. 
TiS«'pioi, 225, a. 



TiA^d'oia, 1134, a. 
; Tip-vfia, 266, a ; 467, a ; 469, b ; 

1131, b. 
Ti.u>rrei'a, 260, b. 
Ti/njTjjs, 260, b. 
Ti/io/cpan'o, 827, a. 
T'fpri, 56, b. 
To?xos, 868, a. 
Toixiopyx 01 , 593, a. 
ToKoy\v<poi, 525, a, 
T<4/coi eyyuoi, 524, b. 

,, tyyvai, 524, b. 

,, vairriKoi, 525, b. 
Toxor, 524, b. 
ToAi>mj, 565, a. 
Tdfiovpot, 840, b. 
Tdvot, 673, b. 
T<Ws, 773. 
Tdiopxoi, 391, b. 
T^ei/^a, 1001, a. 
To£eim/p, To{euT7js, 151, a. 
To|o8t;(c77, 126, b. 
T6t,ov, 126, a; 149, b ; 151, a. 
To|<*Tai, 391, b. 
Tot€io, 790, a. 
TopeuriKTi, 218, b. 
Topw/7), 1 169, b. 
Tpdyoi, 1141, a. 
TpayuSia, 1 140, b. 
TpaTefa, 749, b. 
Tpoirffai, 473, a ; 474, b ; 556, b. 
,, Oivrfpat, 305, b ; 750, a. 
„ vpwrai, 305, b ; 750, a. 
TpoJrcfiVoi, 130, a. 
TpairefoK<fyioi, 305, b. 
Tpcnrc£oiroi6s, 305, b. 
Tpou/xaTos iit wpovotas ypatyr), 

H48, a. 
Tpo4>7)£, 787, b. 
Tpaxera oiVt;, 1 013, a. 
Tpta.yp.6s, 883, b. 
Tpiaiva, 564, b. 
TpioKdSes, 557, b; 1154, a. 
Tpioxoj, 223, a. 
TpiaKoatofifSinvot, 266. a. 
TpigoAoj, 1148. 
Tpi'giof. 853, a. 
TpiGiiviov, 853, a. 
TpiSuvoipSpoi, 853, a. 
Tplyvvov, 149, b; 1007, a. 
Tpi«TT)pi's, 222, b. 
Tptrjpapx'ia, 1158, b. 
Tpiripapxoi, 1 1 58, b. 
Tptipus, 784, a. 
Tpi7jpo7roio/, 785, a. 
Tpi>i7ros. 1101, b; 1102, a. 
Tpi>A«i, 1082, b; 1204, b. 
Tpnovs, 1 162, b. 
Tp/iTTuxo, 1092, a. 
TpiVo, 557, b. 
TpirayavHTrfii, 611. b. 
TpiTTua, 1000, a. 

TpiTTUS, 1 154, II. 

TpixoAaSi's, 275, a. 

Tp/i^it, rj irapa<TT*uTiK7), 76, a. 

TpiwSoAoi', 402. b. 

Tponaiov, 1 168, b. 

To<«p7jSi'aiot, 168, a. 

Tp<ix'Aof, 1053, b. 

Tpo X ii, 378, 1 ; 532, b ; 1 168, b. 

Tpi/ffAiV, 367, ii. 



Tpi/yoiTror, 1203, a. 

Tpuywoia, 41 1, b. 

Tpvy<poul, 411, b. 

TpvrdvT), 1 170, a. 

Tpu<poA€ia, 566, a. 

Tuhehu, 673, b. 

TuAij, 673, b. 

TiV§oj, 556, a. 

TtJ/i7raiw, 1 180, a. 

TlIttos, 532, b ; 545, b ; 1181, a. 

TupavviSos ypa<prj, 962, a. 

Tvpavvis, 1181, a. 

tvpavvos, 1181, a. 

Tvpots, 1174, b. 



T. 

'To5f s 1 50, a. 

'TcuaVflia, 62 1 , b. 

"TaKtyBios, 224, a. 

"ToAos, 1209, b. 

"Tgpewr ypa<pi), 73, a ; 124, a ; 

622, a. 
"Toa-ros x"Ois> 151, b. 
'T5po7a?7i'a, 108, a. 
'T5pa\(TT]s , 765, b. 
'T5poi/ds, 453, a. 
'TSpai)Ai)5, 622, b. 
'TSpauAix&i' bpydvov, 622, b. 
"Topai/Ais, 622, b. 
°TSp7), 148, a; 153, b. 
'Top.'a, 1048, b. 
"Ttipiacpopla, 623, a. 
M rop6/xe\i, 1205, b. 
'TSpojicTjAoe, 1205, b. 
"TSpos, 153, b. 
"thpoxios, 151, b. 
"TSup, 151, b. 
"tK-qupoi, 623, a. 
'TA«7TV)p. 1203, a. 
'TAAeTs, 572 ; 1153, b. 
'TAa'poi', 623, a. 
"Trns, 118, a. 
"riraiOpov, 1 105, a. 
"TiroiOpor, 1 105, a. 
'TnaiTiTiaTai, 485, b ; 488, a, 
"T7raTos, 352, a. 
'Tntpai, 783, b : 790, D. 
'TirfpGfptTutos, 225, a. 
'Tirfpg(>6Tos, 226, a. 
'Tntp-imtpor, 456, b ; 460, a. 
"V-stpov, 768, b. 
'Tjr«pyov, 423, I. ; 425, b. 
'Tircuffuvoj, 122, a; 478, b. 
"TmjiTj. 196. b; 780, b. 
'Ticnptala, 623, b. 
'Tirr)pfT7ii, 623, b. 
"CitiGKiip*, 790, b. 
'TiroSuAfus, 1 122, a. 
'Tto^oAtji ypcupr), 623. b. 
'Tiriiyoiot', 556, b. 
'Tiro7noi', 556, b. 
"CiToypafifmTivi, 577, b. 
'Tffo7po<p/i, 808, a. 
'TirrioTjMa, 220, b ; 1007, b. 
'rxofcpA-ra. 789, b. 
'"CwuOiiKrj, 525, b. 
'TwoK6\xtov. 280, a. 
'TiroKoiT/iTjTo/, 624, a. 
"r«-o*piT^i, 611, a. 

4 i. 4 



1256 

"tiro\T)viov, 1138, b. 
"tTrontioves, 291, a; 613, a. 
'rir6uojj.os, 374, a ; 457, a. 
'TuoiroZiov, 1129, a. 
'TwSpxv/J-a, 624, a. 
Tttchtkwiov, 1122, b. 
"YiroxaMvSia, 548, a. 
■Ttt^xij, 989, b. 
'rirTia.aiJ.6s, 858, a. 
"tiraiioffla, 92, b ; 399, a ; 403, 
"TawA-nt, 285, a ; 1055, b. 
'T<r<r6s, 588, b. 
'Ta-TfpSwoTfiot, 557, a. 
"T<pdvTou, 1099, a. 



■taiSpiWcti, 1111, b. 
•fraivlvSa, 918, b. 
3>dAayyes, 894, a. 
^a\ayyapx>-a, 488, a. 
<J>aAa7|, 481, b ; 488, a. 
•bdkapov, 894, a. 
■taAos, 566, a. 
*acc!y, 524, a; 669, a. 
•fraperpa, 894, b. 
Qap/AaKelas ypatpfi, 895, a. 
$ap/j,aKevTpia,i, 895, a. 
^apfiaidSes, 895, a. 
$ap/j.aico'i, 1120, a. 
•bapfiUKoov ypu<p-t], 895. a. 
*Spoy, 850, b. 
4>ctpoy, 895, a. 
•fao^cuw, 577, a. 
<bd(T7j\os, 895, b. 
*o«j, 895, b. 
*eiSi'T7)s, 1090, a. 
*ei5iVio, 1089, b. 
fytvaKr), 330, a. 
•frepvri, 436, a. 
$8iv6tro>pov, 164, a. 
*0opa, 17, a. 

„ tS>v iAevOepwv, 898, b. 
*iaA.7), 871, b. 
4>i/^s, 548, b. 
4>Aia<rios, 223, a. 
4>o§6i'a, 238, a. 
fyoiviicri, 147, b. 
$6vos, 896, b. 
•foVou Si'io;, 897, a. 
$opa<p6poi, 672, a. 
^opetov, 671, b. 
$6pfity£, 720, b. 
*p,uo(Js, 1047, b. 
4-pods, 104, b ; 898, b. 
'boprriyoi, 785, a. 
QopriKa, 785, a. 
4>poTpi'a,290,a; 572, a; 1154, b 
•bparpiKhv ypa/j.p.a.Ttioi', 15, a. 
$vyri, 513, a. 
(pvKos, 551, a. 
$vkaK£ioi>, 250, a. 
■fcuAciKes, 868, a. 
fyvAaKTypLov, 91, b. 
<l>u'Aapxoi, 487, a ; 899, a. 



INDEX. 
#uAi7, 486, b; 1152, b. 
#uAo§ao-iA6?5, 478, a ; 899, a. 
QvAov, 1152, b. 
$>v<rai, 543, b. 
Q&aoov, 851, b, 
QaTciyuyia, 454, a. 



X. 

Xa\Lv6s, 548, a ; 790, b. 
XahKeTa, 270, a. 
XaAiceiop, 366, b. 
XaAxiolitia, 270, b. 
Xa\KKTp.6s, 1084, a. 
XaA/crfs, 25, a. 
Xa\icovs, 270, b. 
Xayuew?;, 675, a. 
Xa[i(vi>toi>, 675, a. 
Xapcwces, 1183, a. 
Xap&vioi Kk'tftaKes, 1 123, a. 
Xei/Uu, Xei,uwc, 163, b. 
Xeip(K/j.aye7ov, 729, b. 
XeipiSon-iis x 1 ™"' 1173, b. 
Xeipdypcupov, 271, b ; 1087, a. 
Xzip6fio.KTpov, 305, b ; 729, b. 
Xeipovlirrpov, 729, b. 
XfipoToccif, 271, a. 
XzipoTovi)Toi, 271, a. 
XzipoTovia, 271, a. 
Xtlpwv, 153, b. 
XeAiSdcia, 271, a. 
XeAiSovurrai, 271, b. 
Xe'Aus, 148, b ; 720, b. 
XeAtSer), 720, b; 1118, b. 
Xepoowa, 57, a. 
XipviSov, 729, b. 
X€ P x4, 303, b ; 729, b. 
XrjAai, 151, a. 
XtjM, 271, b. 
X-qviaKos, 786, b. 
XypaxrTat, 596, a. 
X0<W, 282, a. 
XiAapx'a, 488, a. 
XiTwc, 1171, b. 

„ d^i^atrxaAos, 1173, a. 

„ tTepo/j.d<rxakos, 1173, a. 

„ op0o<rra5ios, 1173, b. 
(TToAiSwTdr, 1173, b. 

,, ax^rds, 1172, a. 

„ x fl P'^ a > 7 ^ s > H73, b. 
XiT&via, 275. a. 
Xtrtiviov, 1171, b; 1173, a. 
XnaivioKo's, 117], b; 1173, a. 
XKaiva, 665, b ; 673, a ; 674, a. 
XAouVioe, 851, a. 
X\a/j.vs, 275, a. 
XAay-vdiov, 275, a. 
XAai/i'Sioc, 851, a. 
XAaei's, 851, a. 
XKavitTKiov, 851, a. 
XMSiiy, 136, a. 
XAdew, 276, b. 
XAoia, 557, b. 
Xoai, 557, b. 
Xoavoi, 759, b. 



X6es, 412, a. 
Xoeus, 280, b. 
Xoivikis, 378, b. 
Xoli/if, 276, b. 
Xoiplvai, 971, a. 
XopevTtxi, 276, b. 
Xop-qyeiov, 277, a. 
Xoprjyla, 276, t>. . 
Xop577<Js, 276, b. 
XopoSiSaentaAos, 276, b. 
Xop<is, 277, a ; 584, a. 

„ kvkAikos, 279, a. 
XoSs, 280, b. 
Xpeovs S'ikti, 280, b. 
Xprjfxara, 808, b. 
Xprj(r/j.oi, 416, a. 
XprjrT/j.6koyoi, 416, b. 
Xpriirrfipiov, 836, b. 
XpovoKoyla, 280, b. 
Xpixrds, 180, b. 
Xputrouy, 1056, b. 
XpvcrdvrjTot, 366, a ; 1034, b. 
Xpwfeip, 900, b. 
Xtfrpa, 827, a ; 1000, b. 
XvTpai, 35, a. 
Xurpis, 827, a. 
Xvrpoi, 412, a. 
Xvrpos, 827, a. 
XSip-a, 31 , a 556, a. 
Xaiplj oIkovvtzs, 705, a. 



VdAiov, 136, a ; 548, a. 
^aAi'i, 545, a. 
TeAioy, or ^e'AAio;/, 136, a. 
1 l'eu5€77pa^s ypa<pr], 971, b. 
^cvSoSiWepos, 1105, b. 
VevSoKkriTeias ypa<p-^, 294, b ; 

972, a. 
*euSoK<Sp7), 892, b. 
Vev8o/j.apTvpta>v BIkt}, 724, a. 
VtvSoirtpLTrTepos, 1105, b. 
VflQiapa, 2 1 1 , a ; 442, b ; 805, b. 
y$j<poy, 95, a ; 670, b; 971, a. 
TiAoi, 135, a. 
¥iA0T£nn5es, 1097, b. 
•Vvkttip, 972, b. 
1 l'uxo7rop.7rc:»>J', 842, b. 



a. 

'ilaplav, 152, a. 
'Cl€al, 572, a; 1154, a. 
'ns«««', 822, b. 
'axivn, 1213, a 
'ilp.orpa.yla, 413, a. 
'ilptlov, 618, a. 
'ilplwv, 152, a. 
'ilpo\6yiov, 615, a. 
'ilpocricSiros, 144, b. 
T ns, 533, a. 
'ilax o( p6pta, 845, b. 



LATIN INDEX. 



A. 

Abactus venter, 2, a. 
A bacillus, 2, a. 
Abacus 1. a : 904, a. 
Abalicnatio, 728, a. 
Abamita, 310, a. 
Abavia, 310, a. 
Abavunculus, 310, a. 
Abavus, 310, a. 
Ablegmina, 10O0, a. 
Abmatertera, 310, a. 
Abnepos, 310, a. 
Abneptis, 310, a. 
Abnormis, 806, a. 
Abolla, 2, a. 
Abortio, 2, a. 
Abortivus, 2, a. 
Abortus, 2, a. 
Abpatruus, 310, a. 
Abrogare legem, C82, b. 
Absentia, 988, a. 
Absolutio, 647, b. 
Abstincndi beneficium,598, b. 
Abusus, 677, a; 1221, b; 

1222, a. 
Accensi, 2, b ; 495, b; 502, b. 
Accensus, 535, b. 
Acceptilatio, 2, b. 
Acceptum, or Accepto, faccre, 

or ferre, 3, a. 
Acceptum habere, 3, a. 
Accessio, 3, a. 
Acelamatio, 3, b. 
Accuhita, 3, b. 
Accubitalia, 3, b. 
Accubitoria vestis, 1087, b. 
Accusatio, 368, b. 
Accusatur, 13, a; 648, b. 
Acerra, 3, b. 
Acetabulum, 979, a. 
Acetum, 1204, b. 
Acliaicum fa'dus, 4, a. 
Acies, 587, b. 
Acilia lex, 986, b. 
Acilia Calpurnia lex, 77, b. 
Acinaccs, 6, a. 
Aciscularius, 1 11, b. 
Acisculus, 1 4 1, b. 
Aclis, 589, a. 

Acna, Acnua. 6, b; 46, b. 
Acquisitioncs civilcs 422, a. 

naturales, 422, b. 
Acroama, 6, b. 
Acropolis, 6, b ; I 175, a. 
Acroteritim, 6, b. 
Acta, 7, a. 

„ diurna, 7, a. 

„ forctuia, 7, a. 

„ j urn re in, 7, b. 

,, militnria, 7, b. 

„ patrum, 7, b. 

„ scnatus 7, b. 



Actarius, 7, b ; 8, b. 
Actio, 9, a ; 642, a. 
„ albi corrupti, 74, b. 
„ aquae pluviae arcendae, 

115, b. 
„ arbitraria, 10, a. 
„ arborumt'urtimcaesarum, 

564, b. 
„ auctoritatis, 173, b. 
„ ex bona fide, 10, a. 
„ bonae fidei, 10, a. 
„ bonorum vi raptorum, 

564, a. 
„ certi incerti, 268, b. 
„ civilis, 10, a. 
„ commodati, 341, a. 
„ communi dividundo, 341, 
a. 

„ confessoria, 350, a; 1032, 
b. 

„ damni injuria dati, 383, 
b. 

„ dejecti eflusive, 388, a. 
„ depensi, 640. a. 
„ depositi, 39-1, b. 
„ directa, 10, a. 
„ de dolo malo, 373, a. 
„ de efl'usis, 1200, a. 
„ emti et venditi, 459, a. 
„ exercitoria, 480, b. 
„ ad c\hibendum,*51 1, b. 
„ cxtraordinaria, 10, a. 
„ in factum, 10, b. 
„ familiae crciscundae, 520, 
a. 

,, fictitia, 10, a. 
„ fiduiiaria, 536, b. 
„ Allium rcgundorum, 537, 
b. 

„ furti, 563, b. 

„ furti adversus nautas et 

caupones, 564, b. 
„ honoraria, 10, a; 258, a. 
„ hvpothecaria, 917, b. 
„ inanis, 10, a 
„ injuriarum, 699, a; 1200, 

a. 

„ institoria, 639, a. 

.. institutoria, 6 1 1 , b. 

„ inutilis, K), a. 

„ judicati, 65 1, I). 

„ in judicio, 10, a. 

„ in jure, 10, a. 

„ in jus, 10, b. 

„ quod jussu, 663, b. 

„ legis or legitima, 9, n. 

„ legis Aquiliac, 383, b. 

,, local i et conducti, 7 1 0, a. 

„ mandati, 728, b. 

„ mixta, 9. b ; 10, a. 

„ mutui. 780, b. 

., negativn, 350, a. 

,. ncgaloria,350, a; 1033,a. 



Actio negotiorum gestorum, 
794, a. 

„ noxalis, 10, b. 

„ ordinaria, 10, a. 

„ de pauperie, 880, !>. 

„ de peculio, 1037, b. 

„ perpetua, 10, b 

„ persecutoria, 10, a. 

„ in personam, 9, a. 

„ pignoraticia, 917, 1). 

„ poenalis, 10, a. 

„ popularis, 12O0, b. 

„ praejudicialis 954, a. 

,, praetoria, 10, a. 

„ privata, 10, b. 

„ prosecutoria, 10, a. 

„ Fubliciana in rem, 974, a. 

„ quanti minoris, 982, a. 

„ rationibus distrahendis, 
1178, b. 

„ de recepto, 984, b. 

,, redhibitoria, 985, a. 

„ rei uxoriae, or dotis, 
438, a. 

,, in rem, 9, a. 

„ de in rem verso, 1 038, a. 

„ rescissoria, 641 , b. 

„ restitutoria, 641, b. 

„ Rutiliana, 996, a. 

„ sepulchri violati, 552, a; 
1 200, a. 

„ Serviana, 918, a. 

,, pro socio, 1049, b. 

„ stricti juris, 10, a. 

,, temporalis, 10, b. 

,, de tigno juncto, 56 1, b. 

„ tributoria, 1037, b. 

„ tutelae, 1 1 78, b. 

„ utilis, 10, a. 
Actionem dare, II, a. 

„ cdere, 1 1 , a. 
Actor, 13, a ; 48, a. 

„ publicus, 1 3, a. 
Actuariac naves, 785, a. 
Actuarii, 7, b; 8, b; 13, b; 
807, a 
„ centurialcs, 30, b. 
Actus, 13, b; 753, a 

„ minimus, 1 3, b. 

„ quadratus, 13, b; 46, b; 
753, b. 

„ servitus, 1032, a. 

„ simplex, 13, b. 
Acus, 13, b ; 57, a. 
Adainns, 759, b. 
Adcrescendi jure, 600, b. 
Addico, 172, a; 655, b, 
Addicti, 796, a ; 797, b. 
Addiclio, 655, b. 
Adciuptio, 677, a. 

„ cqui, 264 , b. 
Ad fines 28, a. 
Aillinitas 28, a. 



1258 

Atlgnati, 309, a. 

Adgnatio, 309, a. 

Aditio hereditatis, 601, b. 

Adjudicatio, 12, b. 

Adlecti, 14, a. 

Adlector, 14, b. 

Admissionales, 14, b. 

Admissionis primae, secundae, 

&c, amici, 14, b. 
Admissionum proximus, 14, b. 
Adnepos, 310, a. 
Adneptis, 310, a. 
Adobruere, 52, a. 
Adolescentes, 636, a. 
Adoratio, 16, a. 
Adrogatio, 15, b. 
Adscripti glebae, 1040, a. 
Adscriptores, 338, b. 
Adscriptitii, 2, b; 311, b. 
Adscriptivi, 2, b. 
Adsertor, 143, a. 
Adsessor, 143, a. 
Adstipulatio, 818, a. 
Adstipulator, 640, b ; 818, a. 
Adversaria, 17, b. 
Adversarius, 13, a. 
Adulterium (Greek), 16, b. 
Adulterium (Roman), 17, a. 
Adulti, 636, a. 
Advocatus, 17, b. 

„ fisci, 18, a. 
Adytum, 1105, a. 
Aebutia lex, 9, a ; 267, a ; 

684, a. 
Aedes, 554, a; 1104, b. 

„ sacra, 1104, b. 
Aediculae, 18, a. 
Aediles, 18, a. 

„ cereales, 19, a. 
Aeditimi, 20, a. 
Aeditui, 20, a. 
Aeditumi, 20, a. 
Aegis, 20, b. 
Aelia lex, 684, a. 

„ Sentia lex, 684, a ; 
878, a. 
Aemilia lex, 684, b. 

„ Baebia lex, 688, b. 

„ Lepidi lex, 1077, b. 

„ Scauri lex, 1 077, b. 
Aenatores, 22, a. 
Aenei nummi, 26, a. 
Aenum, 22, a. 
Aera, 281, b. 
Aerarii, 22, b. 

„ Praefecti, 24, a. 

,, Praetores, 24, b. 

„ Quaestores, 24, b. 

„ Tribuni, 26, b; 1149, a. 
Aerarium, 23, a. 

„ militare, 24, a. 
„ Praetores ad, 24, b. 
„ sanctius, 23, b. 
„ sanctum, 23, b. 
Aerii nummi, 26, a. 
Aes, 25, a. 
Aes (money), 26, a. 
„ Aegineticum, 25, b. 
„ alienum, 26, a. 
„ eircumforaneum, 26, a. 



INDEX. 
Aes Corinthiacum, 25, b. 

„ Deliacum, 25, b. 

„ equestre, 26, a. 

„ grave, 140, a. 

„ hordearium, or hordia- 
rium, 26, a; 471, b. 

„ manuarium, 26, b. 

„ militare, 26, a. 

„ rude, 140, a. 

„ thermarum, 186, b. 

„ uxorium, 26, b. 
Aestivae feriae, 530, a. 
Aetolieum concilium, 27, b. 

„ foedus, 27, a. 
Affines, 28, a. 
Affinitas, 28, a. 
Agaso, 28, b. 
Agema, 485, b. 
Agendi servitutes, 1032, a. 
Ager, 29, a ; 38, b ; 554, a. 

„ arcifinalis, 29, a ; 38, b. 

„ arcifinius, 29, a ; 30, a. 

„ assignatus, 29, b ; 39, b. 

„ concessus, 39, b. , 

„ decumanus, 43, a. 

„ divisus et assignatus, 
29, b. 

„ effatus, 930, b. 

„ emphyteusis, 43, a. 

„ emphyteuticarius, 43, a ; 
458, a. 

„ limitatus, 29, b; 30, a; 
39, b. 

„ mensura comprehensus, 
29, b. 

„ occupatorius, 29, a; 39, b. 

„ privatus, 29, a. 

„ publicus, 29, a ; 949, a. 

„ quaestorius, 29, b ; 39, b. 

„ redditus, 29, a. 

„ religiosus, 37, b. 

„ restibilis, 51, a; 57, a; 
60, b ; 61, a. 

„ sacer, 37, b. 

„ sanctus, 31, a. 

„ scriptuarius, 1012, b. 

„ vectigalis, 43, a; 458, a. 
Agger, 31, a ; 937, a. 
Agitator, 287, a. 
Agmen, 498, a. 

„ pilatum, 498, b. 
„ quadratum, 498, b. 
Agnati, 309, b. 
Agnatio, 309, b. 
Agnomen, 802, b. 
Agonales, 1003, b. 
Agonalia, 31, b. 
Agonensis, 1003, b. 
Agonia, 31, b. 
Agonium Martiale, 31, b. 
Agovanomi, 36, b. 
Agrariae leges, 37, a. 
Agraulia, 44, a. 
Agricultura, 44, a. 
Agrimensores, 71, b. 
Agronomi, 72, b. 
Ahenatores, 22, a. 
Ahenum, 22, a. 
Ala, 73, b. 

Alae, 428, a ; 507, a ; 509, a. 



Alabaster, 74, a. 
Alabastrites, 74, a. 
Alabastrum, 74, a. 
Alares, 73, b. 
Alarii, 73, b. 
Alauda, 74, a. 

„ legio, 74, a. 
Albarium opus, 870, a. 
Albogalerus, 102, b. 
Album, 74, b ; 171, a. 
- „ decurionum, 74, b. 
„ judicum, 74, b ; 649, b. 
„ senatorum, 74, b. 
Alea, 74, b. 
Aleator, 74, b. 
Ales, 1 49, a ; 1 75, b. 
Alica, 55, b. 
Alicula, 75, b. 

Alimentarii pueri et puellae, 

75, b. 
Alipilus, 75, b. 
Aliptae, 75, b. 
Alluvio, 76, a. 
Altare, 116, b. 

Altius non tollendi servitus, 

1031, b. 
Aluta, 222, a. 
Amanuensis, 76, b. 
Ambarvalia, 78, b; 138, b. 
Ambitio, 77, a. 
Ambitus, 76, b. 
Ambrosia, 78, b. 
Ambubaiae, 78, b. 
Ambulationes, 618, b. 
Amburbiale, 78, b. 
Amburbium, 78, b. 
Amentum, 588, a. 
Amicire, 78, b. 
Amictorium, 78, b. 
Amictus, 78, b. 
Amiculum, 78, b, 
Amita, 310, a. 
Amphictyones, 79, a. 
Amphimalla, 1097, b. 
Amphitapae, 1097, b. 
Amphitbeatrum, 82, b. 
Amphora, 90, a; 979, a; 

1203, b 
Ampliatio, 647, a. 
Ampulla, 9i, a ; 192, b. 
Ampullarius, 91, a. 
Amuletum, 91, b. 
Amurca, 825, b. 
Amussis, or Amussium, 91, b. 
Anagnostae, 92, a. 
Anatocismus, 527, a. 
Ancilla, 637, a. 
Ancones, 989, a. 
Andabatae, 575, a. 
Andromeda, or Andromede, 

149, b. 
Angaria, 94, b. 

Angariorum exhibitio, or prae- 

statio, 94, b. 
Angiportus, or Angiportum, 

95, a. 
Anguifer, 149, a. 
Anguis, 148, a; 149, b; 153, b. 
Anguitenens, 149, a. 
Angustus clavus, 294, b. 



Animadversio censoria, 263, b. 
Anio novus, 1 1 1, a. 

„ vetus, 110, a. 
Annalesmaximi, 523,a; 941, a. 
Annalis lex, 19, b. 
Annona, 95, a. 

„ civica, 500, b. 
Annotatio, ."51, b. 
Annuli aurei jus, 95, b. 
Annulorum jus, 95, b. 
Annulus, 95, a ; 325, a. 
Annus magnus, 229., b ; 227, a. 

„ vertens, 226, a. 
Anquina, 790, b. 
Anquisitio, C49, a. 
Ansa, 533, a. 
Antae, 97, a. 
Anteambulones, 97, b. 
Antecanis, or Antccancm, 152, 

b. 

Antecessores, 97, b. 
Antecoena, 307, a. 
Antecursorcs, 97, b. 
Antelixa, 97, b. 

Antcineridianum tcmpus, 408, 
a. 

Antenna, 789, b. 
Antepagmenta. 98, b ; 624, b. 
Antepilani, 495, a. 
Antcsignaui, 502, a ; 1045, b. 
Antestari, 1 1, a. 
Antia lex, 1077, b. 
Antichresis, 916, b. 
Anticum, 624, b. 
Antinous, 149, b. 
Anti(|uarii, 706, b. 
Antlia, 100, a. 
Antoniae leges, 685, a. 
Apaturia, 101, a. 
Aperta navis, 784, b. 
Apex, 102, a. 
Apicula, 102, a. 
Aplustre, 7*7, a. 
Apodectao, 103, a ; 1047, b. 
Apodyterium, 189, a. 
Apollinarcs ludi, 715, a. 
Apoplioreta, 104, I). 
Apothcca, 105, a. 
Apotheosis, 105, a. 
Appariiio, 106, a. 
Apparitoics, 106, a. 
Appellatio (Greek), 106, a. 

( l(oman), 106, a. 
Applirationis jus 295, a. 
Aprilis, 232. 

Apuleia lex. 641, a ; 685, a. 

„ agraria lex, 6H5, a. 

„ frumentaria lex, 548, a. 

„ majestatis lex, 725, a. 
Aquu, 151, b. 

„ Alcxaiwlrina, 111, b. 

„ Algcntia, 111, b. 

„ AUietina, or Augusta, 

1 1 I, a. 
„ Appia, 109, b. 
„ enduca, 1 1 5, a. 
„ Claudia, 1 1 1, a. 
„ Cr ibra. 111, b. 
„ Julia. 1 10, b. 
„ Mania, I 10, a. 



INDEX. 
Aqua pluvia, 115, b. 
„ Septimiana, 1 1 1, b. 
„ Tepula, 1 10, b. 
„ Trajana, 111, b. 
„ Virgo, 110, b. 
Aquae ductus, 108, a. 

„ ductus servitus, 1032, a. 
„ ell'usio, 151, b. 
„ haustusservitus, 1032, a. 
., et ignis interdictio, 516, 
b. 

„ pluviae arcendae actio, 
115, b. 
Aquarii, 116, a. 
Aquarioli, 1 16, a. 
Aquarius, 151, b. 
Aquila, 149, b ; 1044, b. 
Aquilia lex, 383, b. 
Aquilifer, 505, a. 
Ara, 1 16, a ; 153, b. 
A ratio, 49, a. 
Aratrum, 1 17, b. 
Antrum ;;uritum, 49, b. 
Arbiter, 10, b. 
Arbiter bibendi, 1082, b. 
Arbitraria actio, 10, a. 
Arbitria, 558, b. 
Arbitrium, 10, b; 617, b. 
Arbusculae, 585, b; 923, a. 
Area, 119, a; 559, b. 
Area, ex, 1 19, a; 131, a. 
Area publics, 24, b ; 119, a. 
Arcera, 1 1 9, a. 
Archiater, 1 19, a. 
Archimagirus, 307, b. 
Archimimus, 559, a ; 763, b. 
Architecture, 120, a. 
Archium, 1093, a 
Archivum, 1093, a. 
Archon, 121, b. 
Arcifinius ager, 29, a. 
Arcitenens, 151, a. 
Arctophylax, 148, a. 
Arctos Lycaonis, 147, b. 

l'arrhasis, 147, b. 
Arcturus, 148, a ; 159, a. 
Arctus major, 147. a. 

„ minor, 1 47, b. 
Arcus, 124, b; 126, a; 151, a. 

„ triumpbalis, 125. b. 

„ Constantini, 1 26, a. 

„ Drusi, 125, b. 

„ GaUieni, 126, a. 

„ Septimii Severi, 1 26, a. 

„ Titi, 125, b. 
Area, 53, a; 171, b ; 554, a. 
Andopagut, 126, i>. 
Arena, 86, a ; 88, b ; 286, a. 
Aretalogi, 129, b. 
Argei, 129, b. 
Argentarii, 1 30, a. 
Argentum, 132, a. 
Argo, 153, a. 
Argyraspides, 133. b. 

Anea, 133. b ; 1 19, b. 
Arinca, 56, l>. 
Anna, Armatiin, 135, n. 
Armarium, 136, a; 203, a. 

Annatura lews 500, b. 

Armillo, 136, a. 



1259 

Armilustrium, 137, a. 
Aromatites. 1204, b. 
Arquites, 1002, a. 
Arra, Arrabo, or Arrha, Ar- 

rhabo, 1 37, a. 
Arrogatio, 15, b. 
Artaba, J 37, b. 
Artopta, 921, a. 
Artopticii, 921, a. 
Arvales Fratres, 138, a. 
Arundo, 1001, b. 
Arura, 1 38, a. 
Aruspices, 586, b. 
Arvum, 61, a. 
An, 139, a. 
As, 139, a; 706, a. 
As libralis, 139, b. 
Asamenta, 1003, a. 
Ascia, 141, b. 
Asiarchae, 142, b. 
Assa, 191, b. 
Assamenta, 1003, a. 
Assarius, 141, a. 
Assentatores, S67. b. 
Asseres falcati, 519, a. 

„ lecticarii, 672, a. 
Assertor, 143, a. 
Assertus, 143, a. 
Assessor, 1 43, a. 
Assidui, 710, a. 
Assiduitas, 77, a. 
Astragalus, 143, b. 
Astrologi, 144, b. 
Astrologia, 144, a. 
Astronomi, 1 44, b. 
Astronomia, 145, a. 
Asyli jus, 165, a. 
Asylum, 1 65, a. 
Atavia, 310. a. 
Atavus, 310, a. 

Atellanae Fabulae, 347, a. 
Aternia Tarpeia lex, 685, a. 
Athenaeum. 166, b. 
Athletae, 166, b. 
Atia lex, 685, a. 
Atilia lex, 685, a. 
Atinia lex, 685, a. 
Atlantes, 170, a. 
Atlantides, 150, b. 
Atnepos, 310, a. 
Atneptis 310, a. 
Atramentum, 1 70, b. 
Atrium, 171, b; 188, b; 427, b. 
Attic-urges, 171, b. 
Auctio, 172, a. 
Auctor, 172, b. 
Auetorvs fieri. 172, b. 
Auctoramentum, 202,a ; 5T4, b. 
Auctorati, 574, b. 
Auctoritas, 173, b ; 1023,1). 

senatus, 1023. b. 
Auctoiitatem imponcre, 173, b. 
Auditorium, 174, a; 969, b. 
Aufidia lex, 78, a. 
Augur, I 71, a. 

Auguraculum, 176, a; 1104, a. 
Augiirale, 176, a ; 2S3, n. 
Augoratorium, 253, a. 
Augurium, 174, a; 417, a. 
Auguatalea, 179, b; 180, a. 



1260 



INDEX. 



Augustalia, 179, b. 
Augustus, 180, b. 
A via, 310, a. 
Aviaria, 66, a; 68, b. 
Avis, 149, a. 
Aulaeum, 1046, a. 
Aurelia lex, 650, a. 
Aures, 118, a. 

Aureus nummus, 182, a; 935, a. 

Aurichalcum, 25, a; 845, b. 

Auriga, 149, a; 287, a. 

Aurigae manus, 149, a. 

Aurigator. 149, a. 

Aurum, 180, b. 

„ coronarium, 182, b 
„ lustrale, 1 82, b. 

Auspex, 174, a. 

Auspicium, 174, a. 

Authenticum, 807, b. 

Authepsa, 183, a. 

Autonomi, 183, a. 

Avulsio, 350, 1). 

Avunculus, 310, a. 

Avus, 310, a. 

Auxilia, 1051, a. 

Auxiliares, 1051, a. 

Auxiliarii, 1051, a. 

Axamenta, 1003, a. 

Axicia, 197, b. 

Axis, 378. a. 



B. 

Babylonii, 144, b. 

„ numeri, 144, b. 
Bacchanalia, 413, a. 
Baebia lex, 685, a. 

„ Aemilia lex, 688, a. 
Balatro, 183, b. 
Balineae, 183, b. 
Balineum, 183, b; 191, a. 
Balista, Ballista, 1138, b. 
Balistarii, 1139, a. 
Balneae, 183, b. 
Balnearium, 183, b. 
Balneator, 186, b; 189, a; 

195, a. 
Balneum, 183, b; 190, b. 
Baltearius, 196, b. 
Balteus, or Baltea, 196, a; 

1136, b. 
Balteus, 196, b. 
Baptisterium, 189, b. 
Barathrum, 196, b. 
Barba, 1 96, b. 
Barbati bene, 197, a. 
Barbatuli, 197, a. 
Bardocucullus, 372, b. 
Bascauda, 198, a. 
Basilica (building), 198, a. 

„ (legal work), 200, a. 
Basterna, 200, b. 
Baxa, or Baxea, 200, b. 
Bell aria, 307, b. 
Bellicrepa saltatio, 1006, b. 
Benefieiarius, 201, b. 
Beneficium, 201, b. 

„ abstinendi, 598, b. 
Benignitas, 77, a. 



Berenices coma, orcrinis, 154, a. 

Bes, 140, b. 

Bessis, 140, b. 

Bestia, 153, b. 

Bestiarii, 202, a. 

Bibasis, 1006, a. 

Bibliopola, 704, b 

Bibliotheca, 202, a. 

Bidens, 98, a, b; 791, a. 

Bidental, 203, a. 

Bidiaei, 203, b. 

Biga, or Bigae, 379, a. 

Billix, 1101, b; 1102, b. 

Bipalium, 849, a. 

Bipennis, 1014, a. 

Biremis, 784, a. 

Birrus, 203, b. 

Bisellium, 1015, a. 

Bissextilis annus, 232, a. 

Bissextum, 232, a. 

Bissextus, 232, a. 

Bombycinum, 1028, a. 

Bombyx, 1028, a. 

Bona, 205, a. 

„ caduca, 206, b. 

„ fides, 207, a. 

„ rapta, 564, a. 

„ vacantia, 207, b. 
Bonorum cessio, 207, b. 
„ collatio, 208, a. 
„ emtio, et emtor, 208, 
a. 

„ possessio, 208, b. 

„ vi raptorum, actio, 
564, a. 
Bootes, 148, a. 
Boves Icarii, 148, b. 
Bracae, or Braccae, 213, a. 
Branchidae, 839, b. 
Bravium, 287, b. 
Breviarium, 214, b. 

„ Alarieianum, 214, b. 
Bruttiani, 215, a. 
Buccina, 215, a. 
Buccinator, 22, a; 215, a. 
Bucco, 347, a. 
Bucculae, 566, a. 
Bulla, 215, b. 
Bura, or Buris, 117, b. 
Bustuarii, 560, a. 
Bustum, 559, b. 
Buxum, 216, a. 
Byssus, 216, a. 



C. 

Cacabus, 22, a. 
Caduceator, 218, a. 
Caduceus, 218, a. 
Caducum, 206, b. 
Cadus, 218, a. 

Caecilia lex de censoribus, 
685, b. 
„ lex de vectigalibus, 

685, b. 
„ Didia lex, 685, b. 
Caelatura, 218, b. 
Caelebs, 692, a. 
Caelia lex, 1091, a. 



Caelibatus, 692, a. 
Caerimonia, 996, b. 
Caeritum tabulae, 22, b. 
Caesar, 220, a. 
Caetra, 269, b. 
Calamistratus, 220, a. 
Calamistrum, 220, a. 
Calamus, 220, a. 
Calantica, 329, b. 
Calathiscus, 220, a. 
Calathus, 220, a. 
Calatores, 331, a. 
Calcar, 220, b. 
Calceamen, 220, b. 
Calceamentum, 220, b. 
Calceus, 220, b. 
Calculator, 222, a. 
Calculi, 222, a. 
Calda, 232, a. 

„ lavatio, 190, b. 
Caldarium, 190, b. 
Calendae, 23], b. 

„ Fabariae, 57, a. 
Calendarium, 222, a; 522, b. 
Calida, 232, a. 
Caliendrum, 233, b. 
Caliga, 233, b. 
Calix, 115, b; 234, b. 
Callis, 234, a. 
Calones, 234, b. 
Calpurnialex deambitu, 77, b. 
Calpurnia lex de repetundis, 

648, b; 649, b; 986, a. 
Calvatiea, 329, b. 
Calumma, 234, b. 
Calumniae judicium, 235, a. 

„ jusjurandum, 235, a. 
Calx, 286, a. 
Camara, 235, a. 
Camera, 235, a. 
Camilla?, Camilli, 235, b; 743, b. 
Caminus, 432, b. 
Campagus, 235, b. 
Campestre, 235, b. 
Campidoctores, 235, b. 
Canaliculus, 235, b. 
Canalis, 235, b. 
Cancelli, 236, a ; 336, b. 
Cancer, ] 50, b. 
Candela, 236, a. 
Candelabrum, 236, a. 
Candidarii, 921, a. 
Candidati principis, 981, b. 
Candidatus, 77, a; 1 137, a. 
Canephorus, 237, b ; 857, a. 
Canis, or Canis Sirius, 152, b. 
Canis, or Canicula, 152, b; 

160, a. 
Canistrum, 237, b. 
Cantabrum, 237, b. 
Canterii, 237, b. 
Cantharus, 237, b. 
Canthus, 378, b. 
Canticum, 238, a; 346, a. 
Canuieia lex, 685, b. 
Capella, 149, a. 
Caper, 151, b. 
Capis, 179, a. 
Capisterium, 53, b. 
Capistrum, 238, a. 



Capite censi, 239, a. 
Capitis deminutio, 239, b. 

„ diminutio, media, 433, 
b. 

„ minutio, 239, b. 
Capitolini, 715. a. 

„ Iudi, 715, a. 
Capitium, 238, b. 
Capra, 149. a. 
Capricornus 151, b. 
Capsa, 189, a; 238, b. 
Capsarii, 189, a; 239, a. 
Capsula, 238, b. 
Captio, 940, a. 
Capulum, 671, b. 
Capulus, 1 1 8, b ; 239, a ; 559, a. 
Caput, 239, a. 

„ extorum, 240, a. 
Caracalla, 240, a. 
Career, 210, a. 
Carceres, 285, a; 33G, b. 
Carcliesiiim, 241, a; 789, a. 
Cardo, 24 1 , a. 
Cardo, 29, b. 
Carenum, 1202, a. 
Carmen seculare, 717, b. 
Carmentalia, 241, b. 
Carnifex, 242, a. 
Carpentum, 242, b. 
Carptor, 307, b. 
Carrago, 243, a. 
Carruca, 243, a. 
Carrus, or Carrum, 243, a. 
Caryatis, 243, b. 
Cassia lex, 685, b. 

„ „ agraria, G85, b. 

,, „ tabullaria, 685, b. 

„ „ Terentia frumenta- 
ria, 685, b. 
Cassiopeia, or Cassiopeia, 149, 

a. 

Cassis, 565, b ; 989, b. 
Castcllarii, 1 15, b. 
Castellum a(|uae, 114, a. 
Castra, 244, a; 729, b. 

„ slativa, 242, a. 
Castrense peculium, 874, b. 
Castrensis corona, 360, b. 
Catagrapha, 902, b. 
Catapbracti, 256, a. 
Catapulta, 1 138, b. 
Cataracta, 256, b. 
Cataxta, 1010, a. 
Cateia, 257, a; 589, a. 
Catcllu, 257, a. 
Catena, 257, a. 
Catervarii, 575, a. 
Catbcdra, 257, b. 
C.iti Hum, or Catillus. 257, b. 
Catillus, 765, a. 
Catinum, or Catinus, 257, b. 
Cavaedium, 427. b. 
Cavea, 87, b; 283, b; 1 122, a. 
( 'avi-re, 959j a. 
( avi menses, 226, a; 227, b. 
('anno, 257, b. 
CotipOM, 258. a. 
( i i probalio, 874, b. 
Causiii, 25' », n. 
Causiae, 1 201, a. 



IXDEX. 
Cautio, 259. a. 

,, Muciana, 259, b. 
Cavum aedium, 427, a. 
Celeres, 260, a. 
Celerum tribunus, 471, a. 
Cella, 97, a; 260, a; 1105, a. 

„ caldaria, 190, b. 
Cellarius, 260, b. 
Celtes, 420, a. 
Cenotaphium, 260, b. 
Censere, 262, b. 
Censiti, 311, b. 
Censitores, 265, b. 
Censor, 260, b. 

Censoria nota, 263, b ; 635, b. 
Censuales, 7, b; 265, b. 
Censura, 260, b. 
Census, 260, b; 262, a; 265, b. 
Census (Greek), 266, a. 
Centaurus, 153, b. 
Centesima, 267, a. 

„ rerum venalium, 
24, a. 

Centesimae usurae, 526, b. 
Centesimatio, 387, b. 
Cento, 48, b. 
Centumviri, 267, a. 
Centuria, 30, a; 46, b; 501, a; 

652, a ; 753, a. 
Centuriata comitia, 333, a. 
Centurio, 494, b; 497, a; 
504, b. 
„ primus, 505, a. 
„ primipili, 505, a. 
Centussis, 141, a. 
Cepheis, 149, b. 
Cepheus, 148, a. 
Cera, 268, a; 518, a; 1092, a; 

1116, a. 
Cerae, 1092, a. 
Ceratae tabulae, 1091, b. 
Cerealia, 268, a. 
Cerevisia, 268, b. 
Cernere bereditatem, 599, a. 
Ceroma, 268, b. 
Certamen, 167, a. 
Certi, incerti actio, 268, b. 
Cerucbi, 790, b. 
Cervoli, 253, a. 
Ccssio bonorum, 207, b. 
( i i in jure, 653, a. 
Ceslins pons 937, b. 
Cestrum, 903, a ; 905, a. 
Cestus, 269, a. 
Cetra, 269, b. 
Cbalcidium, 270, a. 
Chaldaei, 144, b. 
Cbaristia, 270, b. 
Cbarta, 703, b. 
Chcironomia, 271, a; 583, a. 
Chelae, 151, a. 
Cbcnisoos, 786, b. 
Chiramaxium, 271, b. 
Chiridota, 1173, b. 
Chirogruplium, 271, b. 
Cbiron, 1 53, b. 
Chimrgia, 272, n. 
Chlamys, 275, a. 
Chorcgia, 276, b. 
Churcgiu, 276, b. 



1261 

Chorobates, 277, a. 
Chorus, 200, a; 277, a. 
Chronologia, 280, b. 
Chrysendeta, 282, a. 
Cibaria servorum, 48, b. 
Cibarium secundarium, 55, b. 
Cidaris, 1 1 30, b. 
Cilicia, 63, b. 
Cilicium, 282, b. 
Cilliba, 749, b. 

Cincia, or Muneralis, lex, 685, 
b. 

Cinctus, 1 1 73, b. 

„ Gabinus, 665, b ; 1 136, 
b. 

Cinerarius, 220, a. 
Cingulum, 1224, b. 
Ciniflo, 220, a. 
Cippus, 2S2, b. 
Circenses ludi, 286. b. 
Circinus, 283, a. 
Cireuitores, 115, b. 
Circulio, 48, b. 
Cireumlitio, 906, a. 
Circumluvio, 76, b. 
Circus, 283, b. 

„ agonensis, 32, a. 
Cisicum, 288, a. 
Cista, 288, a. 
Cistophorus, 288, b. 
Cithara, 720, b. 
Civica corona, 359, b. 
Civile jus, 10, a; 656, a. 
Civilis actio, 10, a. 
Civis, 291, b. 
Civitas (Greek), 288, b. 

„ (Roman), 291, a. 
Clandestina possessio, 643, b. 
Clarigatio, 530, a. 
Clarissimi, 628, a. 
Classica corona, 360, a. 
Classici, 509, b. 
Classicum, 358, b. 
Clathri, 432, a. 
Claudia lex, 686, a. 
Clavicula, 253, a. 
Clavis, 1168, b. 
Clavola, 824. b. 
Claustra, 626, b. 
Clavus angustus, 293, b. 

„ annalis, 293, b. 

„ latus, 293, b. 
Clepsydra, 615, a. 
Clihanarii, 256, b. 
Chens, 294, b. 
Clientela, 295, a. 
Clima, 753. b. 
Clipeus, 297, a. 
Ciitellac, 299, a. 
Cloaca, 299, a. 
( 'In uae m ti itus, Id.l'J, a. 
Cltiacarium, 300, a. 
Clnacarum curaturcs, 300, a. 
Clodiae leges, 519, b; 686, a. 
Coa vestis, 300, b. 
Coactor, 300, b ; 1 184, b. 
Cochlea, 300, b. 

Coobloar, .301, a. 

Cochli", 301, a. 
Codex, 131, a; 301, a. 



1262 

Codex Gregorianus et Her- 
mogianus, 301, b. 

„ Justinianus, 301, b. 

„ Theodosianus, 302, b. 
Codicilli, 301, b; 1118, a. 
Coelia, or Caelia, lex, 1091. a. 
Coemptio, 741, a. 
Coena, 303, a. 
Coenaculum, 429, a. 
Coenatio, 308, a. 
Coenatoria, 307, b; 1087, b. 
Cognati, 309, a. 
Cognatio, 309, a. 
Cognitor, 12, a. 
Cognitoria exceptio, 11, b. 
Cognomen, 702, a. 
Coheres, 598, a; 601, b. 
Cohors, 499, b; 507, a. 

„ in piano, 66, a. 
Cohortes equitatae, 509, b. 

„ peditatae, 509, b. 

„ vigilum, 510, a. 

„ urbanae, 51 0, a. 
Coitio, 77, b. 
Collatio bonorum, 208, a. 
Collegae, 310, b. 
Collegatarii, 675, a. 
Collegiati, 1216, b. 
Collegium, 310, b. 
Colobium, 1 173, b. 
Colonatus, 311, b. 
Coloni, 311, b; 710, a. 

„ indigenae, 49, a. 
Colonia, 313, b. 
Colonus, 48, b. 

„ urbanus, 49, a. 
Colores, 320, a. 
Colossieotera, 322, a. 
Colossus, 322, a. 
Colum, 322, b ; 1203, a. 
Columbarium, 68, a; 323, a; 

561, a. 
Columen, 328, a. 
Columna, 323, a. 

„ cochlis, 328, a. 

„ rostrata, 327, b. 
Columnarium, 328, a. 
Colus, 565, a. 
Coma, 328, b. 

Comes, 143, b; 330, a; 969, a. 
Commentarii senatus, 7, b. 
Comm'«ssatio, 330, b; 1082, a. 
Comitia, 330, b. 

„ calata,331, a; 1114,b; 
1115, a. 

„ centuriata, 333, a. 

„ curiata, 31 1, b. 

„ tributa, 1156, b. 
Commeatus, 340, b. 
Commendationes mortuorum, 

536, a. 
Commentariensis, 340, b. 
Commentarii sacrorum, 941, a. 
Commentarium, 340, b. 
Commentarius, 340, b. 
Commercium, 291, b. 
Commissoria lex, 340, b. 
Commissum, 341, a. 
Commixtio, 350, a. 
Commodans, 341, a. 



INDEX. 
Commodatarius, 341, a. 
Commodati actio, 341 , a. 
Commodatum, 341, a. 
Communi dividundo actio, 

341, a. 
Comoedia, 341. 
Compensatio, 347, b. 
Comperendinatio, 647, a. 
Comperendini dies, 409, b. 
Competitor, 77, a. 
Compitalia, 347, b. 
Compitalicii ludi, 347, b. 
Compluvium, 427, b. 
Compromissum, 648, a; 985, a. 
Concamerata sudatio, 190, b. 
Conceptivae feriae, 528, b. 
Concha, 348, a. 
Conciliabulum, 318, a. 
Conciliarii, 143, b. 
Concilium, 348, a. 
Concio, 347, b. 
Concubina (Greek), 349, a. 

„ (Roman), 349, b. 
Concubinatus, 349, b. 
Condemnatio, 12, b; 647, b. 
Condictio, 9, a ; 10, a; 564, b. 
Conditivum, 561, a. 
Conditorium, 561, a. 
Conditurae, 1 204, a. 
Conductio, 710, a. 
Conductor, 265, a; 710, a. 
Condus, 260, b. 
Confarreatio, 741, a. 
Confessoria actio, 350, a. 
Confusio, 350, a. 
Congiarium, 350, b. 
Congius, 351 , a. 
Conjurati, 1171, b. 
Conjuratio, 1 17 1, b. 
Connubium, 740, a. 
Conopeum, 351, a. 
Conquisitores, 351, a. 
Consanguinei, 309, b. 
Conscripti, 1016, b. 
Consecratio, 105, a; 631, b. 
Consensus, 820, a. 
Consiliarii, 358, a. 
Consilium, 358, a. 
Consistorium, 969, b. 
Consobrina, 310, a. 
Consobrinus, 310, a. 
Consponsor, 640, b. 
Constellatio, 144, b. 
Constitutiones, 351, a. 
Consualia, 351, b. 
Consul, 352, a. 
Consulares, 969, a. 
Consularis, 367, a. 
Consulti, 653, b. 
Consultores, 653, b. 
Contestari, 708, b. 
Contractus, 817, b. 
Controversia, 648, a. 
Contubernales, 357, a. 
Contubernium, 357, a; 501 ; 

1037, a. 
Contus, 357, b; 78S, a. 
Conventio in manum, 740, b ; 

742, a. 
Conventio.nes, 820, b. 



Conventus, 357, b; 965, b. 
Convicium, 637, b. 
Convivii magister, 1082, b. 

rex, 1082, b. 
Cooptari, 305, b. 
Cophinus, 358, a. 
Corbicula, 358, a. 
Corbis, 358, a. 
Corbitae, 358, b. 
Corbula, 358, a. 
Cornelia lex agraria, 666, b. 

„ „ de alea, 75, a. 

„ „ de falsis, 517, b. 

„ „ frumentaria, 549, 
a. 

„ „ de injuriis, 638, a. 
„ „ judiciaria, 650, a. 
„ „ majestatis, 725, a. 
,, ,, de novis tabellis, 
688, a. 

„ „ nummaria, 517, b. 
„ „ de parricidio, 687, 
a. 

,, ,, de prosciiptione 
et proscriptis, 
963, b. 

„ „ de repetundis, 
986, a. 

„ „ desacerdotiis, 997, 
b. 

,, „ de sicariis et vene- 
ricis,670, b; 687, 
a; 1188, b. 

99 99 

de sponsoribus, 
641, a. 

„ „ sumptuaria, 1077, 
b. 

„ ,, testamentaria, 
517, b. 

„ „ tribunicia, 697, b. 
„ „ de vi publica, 

1209, a. 
„ „ unciaria, 687, b. 
Cornelia Baebia lex, 77, b ; 
688, a. 
„ Caecilia lex, 549, b. 
„ et Caecilia lex, 688, a. 
Cornicines, 22, a. 
Cornu, 126, a ; 358, b. 
Cornua, 721, b ; 704, a. 



Co 



ona, 148, b ; 325, a; 359, a. 
Ariadnes, 148, b. 
castrensis, 360, b. 
civica, 359, b. 
classica, 360, a. 
convivialis, 362, b. 
Etrusca, 362, b. 
funebris, 362, a. 
graminea, 359, a. 
lemniscata, 363, a. 
longa, 362, b. 
Minoa, 148, b. 
mural is, 360, b. 
natalitia, 362, b. 
navalis, 360, a. 
nuptialis, 362, b. 
obsidionalis, 359, a. 
oleagina, 361, b. 
ovalis, 361, a. 
pactilis, 363, a. 



Corona pampinea, 363, a. 

„ pleetilis, 363, a. 

„ radiata, 363, a. 

„ rostrata, 360, a. 

„ sacerdotalis, 362, a. 

„ sepulchralis, 362, a. 

„ spieea, 362, a. 

„ sutilis, 363, a. 

„ tonsa, 363, a. 

„ tonsilis, 563, a. 

„ torta, 363, a. 

„ triumphalis, 361 , a. 

„ vallaris, 360, b. 
Coronarii, -ae, 1029, b. 
Coronis, 325, a ; 363, a. 
Coronix, 363, a. 
Corporati, 310, b ; 1216, b. 
Corporatio, 310, b. 
Corpus 310, b. 

„ juris civilis, 363, a. 
Correctores, 969, a. 
Correus, 820, a. 
Cortex, 57, a. 
Cortina, 364, a. 
Curvus 153, b ; 364, b. 
Corycaeum, 1 95, b ; 580, a. 
Coryphaeus 280, a. 
Corytos, 126, b. 
Cosmctae, 364, b. 
Cosmetes, 365, a; 581, b; 

624, a. 
Cosmetriae, 264, b. 
Cosmi, 365, a. 
Cothurnus, 366, a. 
Cotyla, -Mil, a. 
Covinarii, 367, b. 
Covinus, 367, b. 
Crapula, 1204, a. 
Crater, Cratera, 1 53, b ; 367, b. 
Crates, 368, b. 
Creditor, 819, b. 
Creditum, 131, a. 
Crepi, 7 1 8, b. 
Crcpirla, 368, b. 
Crcpidata tragoedia, 346, b. 
Crcpidincs, 1 192, h. 
Creppi, 718, b. 
Creta, 286, a ; 1214, b. 
Cretio hereditatis, 599, a. 
Crimen, 368, b. 
Crimina cxtraordinaria, 369, b. 
Crista, 566, a. 
Crocotn, 369, b. 
Crotalistria, 370, a. 
Crotalum, 370, a. 
Crusta, 282, a ; 456, b. 
Crux, 370, b. 
Crypta, 37 1, a. 
Cryptoporticus 371, a. 
Ctcsibica machina, 1 00, b. 
Cuhicularii, 372, a. 
Cuhiculum, 88, a j 372, a ; 

428, a. 
Culiitoria, 307, b. 
Cubitus, 372, a ; 751, b. 
Cubiis, 372, b. 
Cucullus, 372, b. 
Cudo, fir Cuilon, 372, b. 
Culcita, (<74, l>. 
Culeus 373, a. 



INDEX. 
Culina, 428, b. 
Culleus 373, a. 
Culpa, 373, a. 
„ lata, 373, a. 
„ lenissima, 373, b. 
„ levis 373, b. 
Culter, 118, b ; 373, b. 
Cultrarius, 373, b. 
Cumatium, 381, a. 
Cunabula, 634, a. 
Cuneus, 88, b; 1122, a. 
Cuniculus, 374, a. 
Cupa, 374, a ; 1 202,. a. 
Cura bonorum, 376, a. 

„ bonorura absentis 376, a. 
,, bonorum etventris 376, a. 
„ hereditatis 376, a. 
„ hereditatis jacentis, 376, 
a. 

Curatela, 375, a. 
Curator, 318, b; 374, b. 
Curatores, 376, b. 

„ alvei et riparum, 
376, b. 

„ annonae, 376, b. 

,, aijiiarum, 115, b; 
376, b. 

„ kalendarii, 376, b. 

„ ludorum, 376, b. 

„ operum publieorum, 
376, b. 

„ republicae, 376, b. 

„ rcligionum, 376, b. 

„ viarum, 377, a. 
Curia, 318, a; 377, b. 
Curiae, 318, a; 377, b. 
Curiales 318, a. 
Curiata comitia, 331, b. 
Curio, 377, b. 

„ maximus 377, b. 
Curriculum, 378, a. 
Currus, 147, b; 378, a. 
Cursores, 380, b. 
Cursus, 287, a. 
Curules magistratus, 724, a. 
Curulis sella, 1014, b. 
Cuspis, 587, a. 
Custodcs custodiac, 250, b. 
Custos urbis, 953, a ; 993, a. 
Cyathus, 380, b ; 979, a. 
Cyc!.-.., 381, a. 
Cycm:s, 149, a. 
Cyma, 381, a. 
Cymatium, 381, a. 
Cymba, 381, a. 
Cymbaluin, 381, a. 
Cynosura, 147, b. 



D. 

Dactylintheca, 382, a. 
Dnmni injuria actio, 383, b. 
Damiium, 383, a. 

„ infcctum, 383, a. 

„ injuriad.ilutn, 383, b. 
Dare actionem, II, a, 
D.irkus 884, b. 
Debitor, 819, b. 
December, '220, a ; 231, 232. 



1263 

Deccmpeda, 3SG, a ; 893, a. 
Decemviri, 3^6, a. 

„ legibus scribendis 
3S6, a. 

„ litihus, or stlitibus, 
judicandis, 386, b. 

„ sacrorum, or sacris 
faciendis, 3S7, a. 

„ agris dividundis, 
387, a. 

Decennalia,or Decenuia, 387, a. 
Decimanus, 29, b. 
Decimatio, 387, a. 
Decimatrus, 982, b. 
Declinatio, 296, b. 
Decretum, 387, b ; 1024, a. 
Decumae, 387, b. 
Decumani, 29, b. 
Decuriae, 1012, a ; 1216, a. 

„ judicum, 6.50, b. 
Decuriales, 1216, b. 
Decunati, 1211. 
Deeuriatio, 77, b. 
Decuriones, 318, a; 471, a; 

497, b; 1017, b. 
Decurrere, 559, 1). 
Decursoria, 937, a. 
Decussis, 141, a. 
Dedicare, 433, a. 
Dedicatio, 631 , a. 
Dediticii, 388, a. 
Deditio, 388, a. 
Deductores, 77, a. 
Defensores 968, b. 
Defrutum, 1202, a. 
Dejecti effusive actio, 388, a. 
Delator, 3R8, b. 
Delectus, 499, a. 
Delia, 389, a. 
Delictum, 369, a. 
Delphin, or Delphinus, 149, b. 
Delphinae, 284, b. 
Delphinia, 389, b. 
Dcluhrum, 1101, b. 
Demarchi, 3S9, b. 
Deinens, 376, a. 
Demensum, 1041, 1). 
Dementia, 376, a. 
Demetria, 390, a. 
Deminutio capitis, 239, b. 

Deminrgi, 390, b. 

Demonstratio, 12, b. 
Dcmus, 290, a. 
Denarius, 393, a. 

„ aureus, 182, a; 394, a. 
Dcnicales feriae, 528, b. 
Dens, or.Dentale, 117, b. 
Dentifricium, 394, a. 
Depensi actio, 640, a. 
Deponens. 394, a. 
Deportatio, 516, a. 

„ in insulnm, 516, a. 
Dcportatus, 516, a. 
Depositarins, 3iJ I. a. 
Depositi actio, 394, b. 
Depositor, 394, n. 
Deposituin, 131, a; 394, a. 
Dtroptare le^em, 682, b. 
Di-sertor, SJM, b. 
Designator, 558, b. 



1264 

Desultor, 394, b. 
Detestatio sacrorum, 568, b. 
Devergentia, 296, b. 
De\ersorium, 258, b. 
Deunx, 140, b. 
Dextans, 140, b. 
Diadema, 395, a. 
Diaeta, 308, a; 429, a. 
Diaetetica, 395, b. 
Dialis flamen, 540, b. 
Diarium, 1041, b. 
Diatreta, 1210, b. 
Dicere., 405, b. 
Dictator, 404, b. 
Didia lex, 1077, b. 
Diem dicere, 649, a. 
Dies, 408, a. 

„ comitiales, 409, b. 

„ comperendini, 409, b. 

„ fasti, 409, a. 

„ feriali, 528, a. 

„ festi, 409, b. 

„ intercisi, 409, b. 

„ nefasti, 409, b. 

„ proeliales, 410, a. 

„ profesti, 402, b. 

„ sementina, 530, a. 

„ stati, 409, b. 
Diffarreatio, 419, a. 
Digesta, 858, a. 
Digitalia, 729, a. 
Digitus, 382, a. 
Dilatoria exceptio, 1 1 , b. 
Diligentia, 373, a. 
Dimachae, 410, a. 
Dimacheri, 575, a. 
Dimensum, 1041, b. 
Diminutio capitis, 239, b. 
Dionysia, 410, b. 
Diploma, 414, b. 
Diptycha, 1092, a. 
Direeta actio, 10, a. 
Diribitores, 336, b ; 414, b. 
Discessio, 1019, b. 
Discinctus, 1 173, b. 
Discipula, 1189, b. 
Discus, 415, a. 
Dispensator, 222, a. 
Diversorium, 258, b. 
Dividiculum, 1 1 4, a. 
Divinatio, 415, b ; 417, b. 

„ (law term), 417, b. 
Divisores, 77, a. 
Divortium, 418, a. 
Dodrans, 140, b; 751, b. 
Dogmatici, 746, b. 
Dolabella, 420, a. 
Dolabra, 420, a. 
Dolium, 1202, a. 
Dolo, 420, 1). 

De dolo malo actio, 373, a. 
Dolus malus, 373, a. 
Dvomieilium, -5 20, b. 
Dominium, 421, a. 
Dominus, 423, a ; 574, a. 

„ funeris, 558, b. 
Domitia lex, 940, b. 
Domo, de, 1 31, a. 
Domus, 144, b; 423, b. 
Dona, 432, b. 



INDEX. 

Donaria, 432, b. 
Donatio, 434, a. 
Donatio mortis causa, 434, a. 

„ propter nuptias,435, a. 
Donationes inter virum et 

uxorem, 435, b. 
Donativum, 351, b. 
Dormitoria, 428, a. 
Dos (Greek), 436, a. 
„ (Roman), 437, a. 
„ adventitia, 437, a. 
„ profectitia, 437, a. 
„ receptitia, 437, a. 
Dotis actio, 438, a. 
Drachma, 438, a ; 1213, b. 
Draco, 148, a; 1044, b. 
Draconarius, 1044, b. 
Ducenarii, 439, a. 
Ducentesima, 1184, b. 
Duella, 1213, b. 
Duillia lex, 688, a. 

„ Maenia lex, 688, a. 
Dulciarii, 921, a. 
Duocimanus, 29, b. 
Duodecim scripta, 670, a. 
Duplarii, 439, b. 
Duplicarii, 429, b ; 509, a. 
Duplicatio, 12, a. 
Dupondium, 893, b. 
Dupondius, 141, a. 
Dussis, 141 , a. 
Duumviri, 439, b. 

„ juri dicundo, 318, a. 

„ navales, 439, b. 

„ perduellionis, 886, b. 

„ quinquennales, 439, b. 

„ sacri, 439, b. 

„ sacrorum, 439, b. 

„ viis extra urbem pur- 
gandis, 439, b. 
Dux, 969, a. 



E. 

Eclectici, 746, b. 
Eculeus, 475, a. 
Edere actionem, 11, a. 
E dictum, 444, a. 

„ aedilicium, 445, a. 

„ novum, 444, b. 

„ perpetuum, 444, b. 
445, b. 

„ provinciale, 445, a. 

„ repentinum, 444, b. 

„ Theodorici, 446 a. 

„ tralatitium, 444, b. 

„ vetus, 444, b. 

„ urbanum, 445, a. 
Editor, 574, a. 

Elaeothesium, 190, b; 580, b. 
Electrum, 450, a. 
Eleusinia, 452, b. 
Ellyehnium 713, a. 
Emancipatio, 455, a. 
Emansor, 394, b. 
Emblema, 456, b. 
Embolia, 6, b. 
Emeriti, 499, b. 
Emissarium, 457, a. 



Emphyteusis, 458, a. 
Emphyteuta, 458, a. 
Emphyteuticarius ager, 458, a. 
Empirici, 746, b. 
Emporium, 459, a. 
Emti et venditi actio, 459, a. 
Emtio bonorum, 208. a. 

„ et venditio, 459, a. 
Encaustica, 903, b. 
Endromis, 460, a. 
Engonasi, or Engonasin, 148, b. 
Ensis, 577, a. 
Entasis, 461, b. 
Ephebeum, 580, a. 
Ephebia, 1 95, b. 
Ephippium, 464, a. 
Ephori, 464, b. 
Epibatae, 466, b. 
Epidemiurgi, 390, b. 
Epipedonici, 30, b. 
Epirhedium, 994, b. 
Epistola, 351, a; 843, b. 
Epistomium, 457, b. 
Epistylium, 469, a. 
Epitaphium, 560, a. 
Epithalamium, 573, b ; 744, a. 
Epulones, 470, b. 
Epulum Jovis, 470, b; 673, a. 
Equestris ordo, 845, a. 
Equiria, 471, a. 
Equites, 471, a ; 575, b. 

„ singulares imperato- 
ris, 508, b. 
Equitum transvectio, 473, a. 

„ centurias recogno- 
scere, 473, a. 
Equuleus, 475, a. 
Equus, 149, b. 

„ October, 850, a. 
Ergastulum, 476, a. 
Ericius, 476, a. 
Eridanus, 152, b. 
Erigone, 150, b. 
Erogatio, 114, a. 
Ervilia, 59, a. 
Ervum, 59, a. 
Esseda, 476, a. 
Essedarii, 476, b ; 575, b. 
Essedum, 476, a. 
Everiiator, 562, a. 
Evictio, 476, b. 
Evocati, 508, a. 
Euripus, 88, b ; 286, a. 
Ex-archiatri, 119, b. 
Ex-archiatris, 1 1 9, b. 
Exauguratio, 479, b. 
Excellentissimi, 628, a. 
Exceptio, 1 1, b; 956, a. 

„ cognitoria, 1 1, b. 

„ dilatoria, 11, b. 

„ litis dividuae, ll,b. 

„ peremptoria, 11, b. 

„ rei residuae, 1 1, b. 
Exceptores, 807, a. 
Excubiae, 250. 
Excubitores, 480, a. 
Exedra, 1 95, a ; 428, a ; 480, a. 
Exercitor navis, 480, b. 
Excrcitoria actio, 480, b. 
Exercitus, 481, a. 



Exhibendum actio, ad, 511, b. 
Exodia, 512, a. 
Exostra, 513, a. 
Exploratores, 509, a. 
Exsequiae, 558, b. 
Exsilium, 513, a. 

„ liberum, 515, b. 
Exsul, 515, b 
Exterere, 53, a. 
Extispices, 587, a. 
Extispieium, 587, a. 
Extranei heredes, 589, !>.• 
Extraordinarii, 4 97, b ; 1 500, b. 
Exverrae, 562, a. 
Exverriator, 562, a. 
Exuviae, 1053, b. 



F. 

Faba, 57, a. 

„ trimestris, 57, a. 
Fabacia, 57, b. 
Fabia lex, 921, b. 
Fabri, 517, a. 
Fabula palliata, 346, b. 

„ praetextata, 3-16, b. 

„ togata, 346, b. 

„ tabcrnaria, 346, b. 

„ trabeata, 346, b. 
Fabulae Atellanae. 34". a. 
Factiones aurigarum, 2S7 a. 
Factus, 826, b. 
Faecatum, 1203, a. 
Falae, 28 1, b. 
Falarica, 589, a. 
Falcidia lex, 676, b. 
Falcula, 518, a. 
Falsarii, 518, a. 
Falsum, 517, b. 
Falx, 518, a. 

Familia,5l9, a; 574,b; 1041, a. 
Familiae emptor, 114 1, b. 
„ erciscundae actio, 
520, a. 
Familiaris, 519, b. 
Famosi libelli, 702, b; 725, b. 
Famulus, 519, a. 
Fannia lex, 1077, b. 
Fanum, 1 104, a, 
Far Clusinum, 54, a. 
,, venuculum rutilum, 54, a. 
., venuculum candidum, 54, 
a. 

Farrago, 59, a. 
Farreum, 741, a. 
Fartor, 520, a. 
Fas, 521, b. 
Fasces, 520, b. 
Fascia, 521, a. 
Fascinum. 521, b. 
Fasciola, 521, a. 
Fasti, 521, b. 

„ annates, 523, a. 

„ cnlcndarcs, 593, a. 

., Capitolini, 523, b, 

„ consu lares, 523, b. 

„ dies, 522, a. 

„ historic!, 523, a. 

,, sacri, 522, u. 



IXDEX. 

Fastigium, 1 1 3, b ; 523, b. 
Fauces, 428, a. 
Favete Unguis, 417, a. 
Fax, 524, a. 
Februare, 718, a. 
Februarius, 232 ; 718, a. 
Februum, 713, a. 
Februus, 718, a. 
Feciales, 530, b. 
Feminal, 1 179, a. 
Feminalia, 524, b. 
Fenestra, 432, a. 
Fenus, 525, b. 

„ nauticum, 528, a. 
Ferae magna minorque, 147, b. 
Feral ia, 562, b. 
Ferculum, 528, a. 
Ferentarii, 502, b. 
Feretrum, 559, a; 671, b. 
Feriae, 528, a. 

„ aestivae, 530, a. 

„ conceptivae, or concep- 
tae, 528, b. 

„ denicales, 528, b. 

„ imperativae, 528, b. 

„ Latinae, 529, b. 

,, praecidaneae, 530, a. 

„ privatae, 523, a. 

„ publicae, 528, b. 

„ sementivae, 530, a. 

„ stativae, 528, b. 

„ stultorum, 545, b. 

„ vindemialcs, 530, a. 
Ferre legem, 682, b. 
Fercennina, 530, a. 
Festi dies, 409, b. 
Festuca, 730, a. 
Fetiales, 530, b. 
Fibula, 531, b. 
Fictile, 532, b. 
Fictio, 534, b. 

Fideicommissarii praetores, 

536, a. 
Fidcicommissarius, 535, a. 
Fideicommissum, 535, a. 
Fidejussor, 640, b. 
Fidepromis'or, 640, b. 
Fides 148, b; 720, a. 
Fidicula, 148, b ; 536, b. 
Fidis, 148, b. 
Fiducia, 536, b. 
Fiduciaria actio, 536, b. 
Fiduciarius, 535, a. 
Figlinae, 533, b. 
Figulina ars, 532, b. 
Figulus, 532, b. 
Filamen, 540, b. 
Filia, 310, a. 
Filiafamilias, 873, b. 
Filius, 310, a. 

Filiusfamilias, 10, b ; 873, b; 

874, a. 
Filum, 510, l>. 
Fimbriae, 537, a. 
Fines cfl'ati, 930, b. 
Finis, 29, b ; 1032, a. 
Fini tores, 71, b. 
Finium regunilonim actio, 

557, b. 
Fiscalcs, 575, b. 



1265 

Fiscalis praetor, 538, a. 
Fiscus, 537, b. 
Fistuca, 538, a. 
Fistucatio, 1 1 92, a. 
Fistula, 538, b ; 1088, a. 
Flabelliferae, 539, b. 
Flabellum, 5s9, a. 
Flagellum. 539, b. 
Flagrio, 540, a. 
Flagrum, 539, b. 
Flamen, 540, a. 

.. Augustalis, 180, a. 

,, Curialis, 377, a 

„ Dialis, 540, b. 

„ Partialis, 540, a. 

„ Quirinalis, 540, a. 
Flaminia lex, 690, a. 
Flamiuica, 541, a. 
Flammeum, 743, a. 
Flavia agraria lex, 690, a. 
Flexumines, 472, a. 
Floralia, 541, b. 
Flos (siliginis), 55, b. 
1'lumen, 1031, b. 
Fluminis recipiendi, or immit- 

tendi scrvitus, 1031, b. 
Focale, 542, a. 
Foculus, 542, a. 
Focus, 542, a. 

Foederatae civitates, 542, b. 
Foederati, 542, b. 
Foedus. 542, b ; 1051, a. 
Foeniseca, 59, b. 
Foenisicia, 60, a. 
Foenum Graecum, 59, a. 

„ cordum, 60, a. 
Foenus, 5'i5, b. 

„ nauticum, 528, a. 
Folliculus, 57, a; 543, a. 
Follis, 543, a ; 1022, a. 
Fons, 543, b. 
Forceps, 545, a. 
Fores, 427, b. 
Forfex, 197, b; 545, a. 
Forficula, 545, a. 
Fori, 283, b ; 788, a. 
Foris, 625, b. 
Forma, 532, b ; 545, b. 
Formacii, 47, a. 
Formella, 545, b. 
Formido, 989, a. 
Formula, II, a; 545, b. 
Formulae praejudiciales, 12, b. 
Fornacalia, 5 15, b. 
Fornacatores, 192, b. 
Fornacula, 546, a. 
Fornax, 546°; a. 
Fornix, 5 46, b. 
Foro cedere, or abire, 1 32, a. 

„ mcrgi, 132, a. 
Foruli, 203, a ; 283, b. 
Forum, 357, b ; 546, b. 
Fossa, 31, b; 253, a. 

„ caeca, 46, b. 
Framea, 589, a. 
Prater, $10, a. 

Fratres ai vales, 138, a. 
Kraus, 929, a. 
I'renum, 548, a. 
Frigidarium, 18 9, a; 192, b. 
I M 



1266 



INDEX. 



Fritillus, 548, b. 
Frontale, 91, a. 
Fructuaria res, 1221, a. 
Fructuarius, 1221, a. 
Fructus, 421, b. 
Frumenta, 54, a. 
Frumentariae leges, 548, b. 
Frumentarii, 551, a. 
Frumento servando, de, 53, b. 
Fucus, 551, a; 1214, b. 
Fuga lata, 515, b. 

„ libera, 515, b. 
Fugalia, 985, b. 
Fugitivarii, 1038, a. 
Fugitivus, 1038, a. 
Fulcra, 674, b. 
Fulcrum, 118, b. 
Fullo, 551, b. 
Fullonica, 552, b. 
Fullonicum, 552, b. 
Fullonium, 553, a. 
Fumarium, 1205, b. 
Fumi immittendi servitus, 

1032, a. 
Funale, 553, a. 
Funalis equus, 379, b. 
Funambulus, 553, a. 
Funarius, 379, b. 
Funda, 553, b ; 989, b. 
Fundani, 543, a. 
Funditores, 553, b. 
Fundus, 554, a. 
Funes, 790, a. 
Fun us, 554, b. 

„ indictivum, 558, b. 

„ plebeium, 558, b. 

„ publicum, 558, b. 

„ taciturn, 558, b. 

„ translatitium, 558, b. 
Furca, 562, b. 
Furcifer, 563, a. 
Furfures, 55, b. 
Furia, or Fusia Caninia lex, 

690, a; 731, a. 
Furiosus, 376, a; 1113, b. 
Furnus, 192, b; 546, a. 
Furor, 376, a. 
Furti actio, 563, b. 
Furtum, 562, a. 

„ conceptual, 563, b. 
„ manifestum, 563, b. 
„ nec manifestum, 563, 
b. 

., oblatum, 563, b. 
Fuscina, 564, b. 
Fustium animadversio, 565, a. 
Fustuarium, 564, b. 
Fusus, 565, a. 



G. 

Gabinia lex, 1091, a. 
Gabinus cinctus, 665, b; 1136, 
b. 

Gaesum, 588, b. 
Gaius, 639, b. 
Galea, 565, I). 

Galerus, -urn, 330, a; 566, b. 
Gallare, 566, b. 



Galli, 566, b; 575, b. 

Ganea, 259, a. 

Gausapa, 567, a. 

Gausape, 567, a. 

Gausapum, 567, a. 

Gemini, 150, b. 

Gener, 28, b. 

Genethliaci, 144, b. 

Geniculatus, 148, b. 

Genitura, 1 44, b. 

Gens, 567, b. 

Gentiles, 567, b. 

Gentilitas, 568, a. 

Gentilitia sacra, 568, b. 

Gentilitium jus, 568, a. 

Germani, 309, b. 

Gerrae, 574, a. 

Gesta, 7, a. 

Gestatio, 619, a. 

Gingrus, 1130, b. 

Gladiatores, 574, a. 

Gladiatorium, 574, b. 

Gladius, 574, a. 

Glandes, 554, a. 

Gleba, 1022, a. 

Glomus, 565, a. 

Glos, 28, b. 

Gluma, 57, a. 

Gomphi, 1192, b. 

Gradus, 88, a; 577, a; 751, b. 

„ cognationis, 310, a. 
Graeeostasis, 579, b. 
Grammatophylacium, 1093, a. 
Granea, 55, b. 
Grapbiarium, 1071, a. 
Grassatores, 670, b. 
Gregorianus Codex, 301, b. 
Gremium, 200, a; 1192, a. 
Groma, 251, b. 
Gubernaculum, 788, b. 
Gustatio, 307, a. 
Guttus, 192, b ; 579, a. 
Gymnasium, 579, a. 



H. 

Habenae, 585, a. 
Habitatio, 1031, a. 
Haeres, 594, a ; 598, a. 
Halicastrum, 54, a. 
Hal teres, 585, a, 
Harmamaxa, 585, b. 
Harmostae, 586, a. 
Harpaginetuli, 586, a. 
Harpago, 586, b. 
Harpastum, 586, b. 
Haruga, 587, a. 
Haruspices, 586, b. 
Haruspicina ars, 417, a; 587, a. 
Haruspicium, 417, a. 
Hasta, 267, b; 587, a. 

„ celibaris, 589, a. 

„ pura, 589, a. 

„ vendere sub, 172, b. 
Hastarium, 589, a. 
Hastati, 494, b; 496, b. 
Helepolis, 590, a. 
Heliaea, 401, a. 
Ueliocaminus, 432, b. 



Helix, 590, b. 

Hellanodicae, 590, 1) ; 830, b. 
Hellenotamiae, 590, b. 
Helotes, 591, a. 
Hemina, 351, a; 367, a; 592, b; 

979, a. 
Heminarium, 351, a. 
Hemistrigium, 254, a. 
Hepatizon, 25, b. 
Heraea, 573, b. 
Herculanei, 167, a. 
Hercules, 148, b. 
Hereditas, 598, a. 
Heredium, 652, a ; 753, a. 
Heres (Greek), 594, a. 

„ (Roman), 598, a. 
Hermae, 602, a. 
Hermaea, 604, a. 
Hermanubis, 603, b. 
Hermares, 603, b. 
Hermathena, 603, b. 
Hermeracles, 603, b. 
Hermogenianus codex, 301, b. 
Hermuli, 602, a. 
Herones, 604, b. 
Hexaphori, 894, a. 
Hexaphoron, 672, b. 
Hexeres, 785, b. 
Hieronica lex, 690, b ; 965, a. 
Hieronicae, 167, a. 
Hilaria, 608, a. 
Hippocratici, 746, b. 
Hippodromus, 608, b; 619, a. 
Hippoperae, 611, a. 
Hirpex, 645, b. 
Hister, 612, a. 
Histrio, 611, a. 
Moedi, 149, a. 
Holoserica, 1028, b. 
Honoraria actio, 10, a; 258, a. 
Honorarii ludi, 716, a. 
Honorarium, 18, a; 686, a. 

„ jus, 10, a; 444, b. 

Honores, 613, b. 
Ploplomachi, 575, b. 
Hora, 614, a. 

„ genitalis, 144, b. 
Hordearium aes, 26, a; 471, b. 
Hordeum, 55, b. 

„ cantherinum, 56, a. 

„ Galaticum, or dis- 
tichum, 56, a. 

,, hexastichum, 56, a. 
Horologium, 615, a. 
Horrearii, 618, a. 
Horreum, 6] 8, a. 
Hortensia lex, 682, a; 690, b; 

696, b ; 928, a. 
Hortus, 618, a. 
Hospes, 621, a. 
Hospitalia, 620, a. 
Hospitium, 619, a ; 620, a. 
Hostia, 999, b. 
Hostis, 619, b; 950, a, 
Hostus, 826, b. 
Humare, 560, b. 
Hyacintbia, 621, b. 
Hyades, 150, a ; 162, b. 
Hydra, Hydros, 153, b. 
Hydraula, 622, b. 



Hydromelum, 1205, b. 
Hypaethrae, 195, a. 
Hypocaustum, 192, b. 
Hypogeum, 556, b. 
Hypotheca, 916, a. 
Hypotheearia actio, 91, b. 
Hypotrachelium, 325, a. 



L J. 

Jaculatores, 503, a; 589, a. 
Jaculum, 589, a ; 989, b 
Janitor, 427, b; 627, b. 
Janua, 427, b ; 624, b. 
Januarius, 231, 232. 
Iatralipta, 628, a. 
Iatraliptice, 628, a. 
Iatrosophista, 628, a. 
Iconicae statuae, 1063, a. 
Idus, 231, b. 
Jejunum solum, 45, b. 
Jentaculum, 306, a. 
1 licet, 560, b. 
lllustres, 628, a. 
Ilotae, 591, a. 
Imagines, 628, b. 
Imbrices, 1098, b. 
Immunitas, 628, b. 
Impendium, 525, b. 
Imperativae feriae, 528, b. 
Iinperator, 630, a. 
Imperium, 628, b; 992, b. 
Impluvium, 427, b. 
Impubes, 630, a; 636, a. 
In bonis, 205, b. 
Inauguratio, 631, b. 

., regis, 992, a. 
Inauris, 632, a. 
Inccndium, 632, b. 
Incensus, 239, b; 263, a. 
Inceramcnta navium, 903, b. 
Incestum, -us, 633, a. 
Incitega, 633, b. 
Inclinatio, 296, b. 
Incorporales res, 421, b. 
Incubatio, 433, b. 
Incunabula, 634, a. 
Incus, 631, a. 
Index, 704, b. 
Indigitamcnta, 941, a. 
Induerc, 78, b. 
Indumentum, 1 173, b. 
Indiisium, 1 1 73, b. 
Indutus, 78, b; 1173, b. 
1 nl'atnia, 6.1 1, I). 
Infans, 636, a. 
Infantia, 636, a. 
Infcriac, 562, b. 
Infula, 637, a. 
Ingcniciilatus, 148, b. 
Ingcniculus, 148, b. 

[ngcnul] 637, a. 

Ingcnuitas, 637, a. 
Ingrutus, 878, a. 
Injuria, 637, b. 

Injurianim nctio, 639, a; 1 200, 
a. 

Inlicium, 335, b. 
I nnixus, 1 IH, b. 



INDEX. 
Inofficiosi querela, 1118, a. 
Inoffieiosum testamentum, 

1117, b. 
Inquilini, 31 1, b. 
Inquilinus, 516, b; 710, a. 
Insania, 376, a. 
Insanus, 376, a. 
Inscripta, 945, a. 
Insigne, 638, a. 
Instita, 639, a. 
Institor, 639, a. 
Institoria actio, 639, a. 
Institutiones, 639, b. 
Institutoria actio, 641, b. 
Insula, 430, a. 

Integrum, restitutio in, 987, 
a. 

Intentio, 12, b. 
Intercapedo, 191, a. 
Intercessio, 640, b; 641, 1). 
Intends! dies, 409, b. 
Interdictio aquae et ignis, 516, 
b. 

Interdictum, 642, a. 

„ adipisccndae pos- 
sessionis, 643, a. 
„ duplicium, 644, a. 

,, possessorium,643, 
a. 

„ de precario, 643,b. 
„ prohibitorium, 

642, a. 
,, quorum bonorum, 

983, b. 
„ recuperandae pos- 

sessionis, 643, b. 
„ restitutoriuin,642, 

a. 

„ retinendae posses- 
sions, 643, a. 

„ Salvianum,643,a. 

„ sectorium, 643, a ; 
1013, b. 

„ simplicium,644,a. 

„ uti possidetis, 643, 
a. 

„ utrubi, 643, a. 
Intergerinus, 869, b. 
Intergerivus, 869, b. 
Internundinum, 816, b. 
Interpres, 77, a; 131, b; 644, b. 
Interregnum, 644, b. 
Interrcx, 644, b. 
Intcrvallum, 248, a. 
Interula, 1173, b. 
Intestabilis, 645, b. 
Intestato, hcreditatis ab, 598, a. 
In testa tus, 598, a. 

Intcstimim opus, 645, b. 
Intimuin solidum, 57, a. 
Indiisium, 1 1 73, l>. 

[nrentarium, 601, b. 

Investis, 691, a. 
Irpcx, fi 15, b. 
[telititici ludi, I 67, b. 
Italia, 318, a; 964, b. 
Iter, !I37, a. 
Iterare, 19, b. 
Itineris servitus, 1032, a. 
Jubere, 1023, 0. 



1267 

Judex, 10, b ; 646, b; 968, a. 
„ ordinarius, 968, a ; 

969, a. 
„ pedaneus, 651, a. 
i, quaestionis, 648, b. 
Judicati actio, 651, b. 
Judices editi, 648, b. 

„ edititii, 77, b; 648, b. 
Judicia duplicia, 520, a. 

„ extraordinaria, 709, a. 
„ legitima, 629, a. 
„ quae imperio, 628, b. 
Judicium, 646, b. 

„ album, 649, b. 
„ ex lege, 629, a. 
„ populi, 648, a. 
„ privatum, 648, a. 
„ publicum, 648, a. 
tutelae, 1178, b. 
Jugarii, 48, a. 
Jugerum, 651, b. 
Jugum, 651, b; 652, a; 753, a. 
Jugumentum, 624, b. 
Jugus, 651, b. 
Juliae leges, 690, b. 
Julia lex de adulteriis, 17, a. 
„ agraria, 690, b. 
„ de ambitu, 77, b. 
„ de annona, 690, b. 
„ de bonis cedendis, 

690, b. 

„ caducaria, 691 , a. 
„ de caede et veneticio, 

691, a. 

„ de civitate, 691, a. 
„ de foenore, 691, a. 
ii de fjundo dotali, 691, 
a. 

,, jucliciaria, 691, a. 
„ de liberis legationi- 

bus, 679, a. 
„ majestatis, 691, a. 
ii municipals, 691, a. 
„ et Papia Foppaea, 

691, b. 
„ peculatus, 881, b. 
„ et Plautia, 692, b. 
„ de provinces 692. b. 
„ repetundarum, 986, 

b. 

„ de residuis. 881, b, 
„ de sacerdutiis, 693, ■< 
„ de sacrilegis, 881, b; 

1001, b. 
„ lumptuaria, 693, a; 

1078, a. 
„ tbeatralis, 693. a. 
„ et Titia, 693, a. 
„ de vi publica et pri- 
vate, 1 209, a. 
,, vicesimaria, 1196, a. 
Julius, 232. 

J u ilea, or Junia, Norbann lex, 
670, a; 693,a; 705, b; 731, a. 

Junia lex rcpituiiclariini, 986, a. 

Junion-s, 33:'., I>. 

Junius, 229, b; 232. 

Jure, actio in, 10, a; 655, b. 
„ adcrcsccmli, 600, b. 
„ agere, II, a. 
I M 2 



1268 

Jure cessio, in, 653, a. 

Jureeonsulti, 653, b. 

Jurgium, 653, a. 

Juridici, 653, b. 

Juris auctores, 173, b; 653, b ; 

654, b. 
Jurisconsulti, 653, b. 
Jurisdictio, 357, b. 
Jurisperiti, 653, b. 
Jurisprudentes, 653, b. 
Juris studiosi, 143, b. 
Jus, 655, b. 

„ aquae impetratae, 115, a. 

„ Aelianum, 659, a. 

„ annuli aurei, 95, b. 

,, annulorum, 95, b. 

„ applicationis, 295, a. 

„ augurium, or augurum, 
179, a. 

„ civile, 10, a ; 656, a. 

„ „ Flavianum, 659, b. 

„ „ Papirianum, or Pa- 
pisianum, 659, b. 

„ civitatis, 291, b. 

„ commercii, 291, b; 317, b. 

„ connubii, 291, b. 

„ edicendi, 444, a. 

„ eundi, 1032, a. 

„ fetiale, 656, b. 

„ gentilitium, or gentilitatis, 
568, a. 

„ gentium, 656, a. 

„ honorarium, 10, a ; 444 b; 
657, a. 

„ honorum, 291, b. 

„ Italicum, 317, a. 

„ Latii, 291, b; 669, b. 

„ liberorum, 692, b. 

„ naturale, 656, a. 

„ non scriptum, 657, b. 

„ Pontificium, 656, b ; 941, 
v b. 

„ possessionis, 946, a ; 948, a. 

„ postliminii, 949, b. 

„ praediatorium, 955, a. 

„ praetorium, 444, b ; 657, a. 

„ privatum, 291, b ; 657, b. 

„ publiee epulandi, 1022, b. 

„ publicum, 291, b ; 657, b. 

„ Quiritium, 291 , b; 658a. 

„ relationis, 1021, a. 

„ respondendi, 654, a. 

„ sacrum, 656, b. 

„ scriptum, 657, b. 

„ senatus, 1018, b. 

„ suffragiorum, 291, b. 

„ superficiarium, 1078, b. 

„ vocatio, in, 10, b. 
Jusjurandum, 659, b. 

„ calumniae, 235, a. 

Justa funera, 558, b. 
Justinianeus codex, 301, b. 
Justitium, 663, b. 
Jussu quod actio, 663, b. 
Justum, 659, a. 

Juvenalia, or juvenales ludi, 
663, b. 



INDEX. 
L. 

Labarum, 1045, a. 
Labrum, 191, a; 192, a. 
Labyrinthus, 664, a. 
Lacerna, 665, a. 
Laciniae, 665, a. 
Laconicum, 184, b; 190, b; 

191, b. 
Lacunar, 432, a. 
Lacus, 114, b. 
Laena, 665, b. 
Laesa majestas, 724, b. 
Lagenae, 1203, b. 
Lancea, 588, a. 
Lancula, 667, a ; 1170, b. 
Lanarius, 919, b. 
Lanificium, 1099, b. 
Laniger, 149, b. 
Lanista, 574, b. 
Lanterna, 669, a. 
Lanx, 667, a. 
Lapicidinae, 671, a. 
Lapis specularis, 432, a. 
Laquear, 452, a. 
Laqueatores, 575, b. 
Laqueus, 667, b. 
Lararium, 667, b. 
Larentalia, 668, a. 
Larentinalia, 668, a. 
Largitio, 77, a. 
Larva, 889, b. 
I>ata fuga, 515, b. 
Later, 668, a. 
Laterculus, 668, a. 
Laterna, 669, a. 
Laticlavius, 294, a. 
Latii jus, 669, b. 
Latinae feriae, 529, b. 
Latini Juniani, 705, b. 
Latinitas, 669, b. 
Latinus, 291 , b. 
Latium, 669, b. 
Latomiae, 671, a. 
Latrina, 188, b. 
Latrocinium, 670, a. 
Latrones, 670, a. 
Latrunculi, 670, b. 
Latumiae, 671, a. 
Latus clavus, 293, b. 
Lavatio calda, 190, b; 191, a. 
Laudatio funebris, 559, a. 
Laurentalia, 668, a. 
Lautia, 677, b. 
Lautomiae, 671, a, 
Lautumiae, 671, a. 
Lectica, 671, b. 
Lecticarii, 671, b; 672, a. 
Lecticula, 671, b; 672, b. 
Lectisternium, 673, a. 
Lectores, 92, a. 
Lectus, 673, a. 

„ funebris, 671, b. 
Legatarius, 675, a. 
Legatio libera, 678, b. 
Legatum, 675, a. 
Legatus, 677, b; 967, b. 
Leges, 682, a. 

„ censoriae, 265, a. 



Leges centuriatae, 682, a. 
„ curiatae, 332, b ; 682, a, 
„ Juliae, 690, b. 
Legio, 490, a ; 597, b. 
Legis actiones, 9, a. 

„ Aquiliae actio, 383, b. 
Legitima hereditas, 598, a ; 

600, a. 
Legitimae actiones, 9, a. 
Legitimum spatium, 1033, b. 
Legitimus modus, 1033, b. 
Legumina, 57, a. 
Lembus, 680, a. 
Lemniscus, 680, a. 
Lemuralia, 680, b. 
Lemuria, 680, b. 
Lenaea, 411, b. 
Leno, 680, b. 
Lenocinium, 680, b. 
Leo, 150, b. 
Leporaria, 69, b. 
Lepta, 270, b. 
Lepus, 152, b. 
Leria, 708, a. 
Lernaea, 681, a. 
Lessus, 559, a. 
Leuca, 893, b. 
Leuga, 893, b. 
Levir, 28, b. 

Lex, 657, a; 658, b; 681, b. 
„ Acilia, 986, b. 
„ Acilia Calpurnia, 77, b. 
„ Aebutia, 9, a; 267, a; 

684, a. 
„ Aelia, 684, a. 
„ Aelia Sentia, 684, a ; 

878, a. 
„ Aemilia, 684, b. 
„ „ de censoribus, 
684, b. 

„ Aemilia Baebia, 688, a. 
„ Aemilia Lepidi, 1077, b. 
„ Aemilia Scauri, 731, b; 

1077, b. 
„ agraria, 37, a; 685, a. 
„ ambitus, 77. 
„ Ampia, 684, b. 
„ annalis, or Villia, 1 9, b ; 

684, b. 
„ annua, 444, b. 
„ Antia, 1077, b. 
„ Antonia, 685, a. 
„ Apuleia, 641, a ; 685, a. 
„ „ agraria, 685, a. 
„ „ frumentaria, 

548, a; 685, a. 
„ „ majestatis, 725, a. 
„ Aquilia, 383, b. 
„ Aternia Tarpeia, 685, a. 
„ Atia de sacerdotiis,685.a. 
„ Atilia, 685, a; 693, a; 

1177, a. 
„ Atinia, 685, a. 
„ Aufidia, 78, a. 
„ Aurelia, 650, a. 
„ Baebia, 685, a. 
„ „ Aemilia, 688, a. 
„ Caecilia de Censoribus, or 
„ „ Censoria, 685, 

b. 



Caecilia de vectigalibus, 

685, b. 

„ Didia, 685, b. 
„ tabellaria, 1091, 
a. 

Calpurnia de ambitu, 77, 
b. 

„ de repetundis, 
648, b; 649, 
b; 986, a. 
Canuleia, 685, b. 
Cassia, 685, b. 

„ agraria, 685, b. 
„ tabellaria, 685, b ; 

1091, a. 
„ Terentia frumenta- 
ria, 685, b. 
Cincia, 685, b. 
Claudia, 686, a. 
Clodiae, 549, b ; 686, a. 
Coelia or Caelia, 1091, a. 
Cornelia agraria, 666, b. 
„ de civitate, 686, 
b. 

„ de falsis, 517, b. 
„ frumentaria, 549, 
a. 

„ de injuriis, 638, 
a. 

„ judiciaria, 650, a. 
„ de magistratibus, 

686, b. 

„ majestatis,725, a. 
„ de novis tabellis, 

688, a. 
,, nummaria, 51 7,b. 
„ de parricidio, 

687, a. 

„ de proscription 

et proscriptis, 

963, b. 
„ de repetundis, 

986, a. 
„ dc sacerdotiis, 

997, b. 
„ de sicariis et ve- 

nelicis, 670, b ; 

687, a; 1188, 

b. 

„ de sponsoribu.% 

641, a. 
„ sumtuaria, 1077, 

b. 

„ tcstamentaria, 

517, b. 
„ dc vi publico, 

1209, a. 
„ tril)iinicia,687, b. 
„ unciaria, 687, b. 
,, Bacbiai 77, b. 
„ Caecilia, 549, 1). 
„ ct Caecilia, 688, 

a. 

CuriaU de imperio, 172, 

b ; 333, n. 
Didia, 1077, b. 
Domitia dc sacerdotiis, 

940, b. 
Dudia, 688, n. 

„ mania, 688, a. 



INDEX. 
Lex Duodccim Tabularum, 
688, a. 

„ Fabia de plagio, 921, b. 
,, Falcidia, 676, b. 
„ Fannia, 1077, b. 
„ Flaminia, 690, a. 
„ Flavia agraria, 690, a. 
„ frumentariae, 549, b. 
„ Fufia de religione, 690, a. 
,, „ judiciaria, 650, a. 
„ Furia or Fusia Caninia, 

690, a; 731, a. 
,, „ de sponsu, 641, a ; 

732, a. 

„ „ or Fusia testamen- 

taria, 676, b. 
„ Gabinia tabellaria, 1091, 
a. 

„ Gabiniae, 78, a; 690, a. 

„ Gellia Cornelia, 690, b. 

„ Genucia, 690, b. 

„ Hieronica, 690, b ; 965, a. 

„ Horatia, 690, b. 

,, Hortensia de plebiscitis, 

682, a; 690, b; 696, b; 

928, a. 

„ Hostilia de fastis, 690, b. 

„ Icilia, 690, b. 

„ judicaria C. Gracchi, 

1017, b. 
„ Julia de adulteriis, 17, a ; 

4 1 9, a ; 680, b. 
„ „ dc ambitu, 77, b. 
„ „ de civitate, 319, b; 

320, a. 

„ „ municipalis, 635, b; 

691, a. 

„ „ peculatus, 881, b.. 
„ „ de vi, 633, a. 
„ Juliae, 690, b; 691, 692, 
693, a. 

,, Juniadeperegrinis,693,a. 
„ „ Licinia, 693, b. 
„ „ Norhana, 670, a ; 

693, a ; 705, b ; 

731, a. 

„ „ rcpetundarum, 986, 
a. 

„ „ VeUeia, 693, a. 
„ Laetoria, 693, b. 
„ Licinia desodulitiis, 77, h. 
„ „ Junia, 693, b. 
,, ., Mucia de civibus 
regundis,693, b. 
„ „ nuntoaria, 1077, 
b. 

., Lieiniac rogationcs, 693, 
1). 

„ I.iviae, 549, a ; 694, a. 
„ Lutatia de vi, 1209, a. 
„ Maenia, 694, b. 
„ majestntis, 691, a ; 724, b. 
„ Mamilia fie coloniis, 69 1, 
b. 

„ ,, finium regundo- 

ruiii, 691, b. 
„ m.incipii, 728, a. 
„ Manilla, 694, b. 
„ Manlia de vicciima, 23, 
b; 731, b. 



1269 

Lex Marcia, 695, a. 
„ Maria, 695, a. 
„ Memmia, or Remmia, 

234, b. 
„ Mensia, 695, a. 
„ Minucia, 695, a. 
„ Octavia, 549, a. 
„ Ogulnia, 695, a. 
,, Oppia, 1077, a. 
„ Orchia, 1077, a. 
„ Ovinia, 695, a ; 1018, a. 
„ Papia de peregrinis, 695, 
a. 

„ „ Poppaea, 206, b ; 

418, b; 691, b; 
878, b; 879, b. 
„ Papiria, or Julia Papiria 
de mulctarumacstiiiia- 
tione, 695, a. 
„ Papiria, 695, a. 
.» „ Plautia, 695, b. 
» „ Poetelia, 696, 8. 
„ „ tabellaria, 1091, 
a. 

„ Pedia, 695, b. 

„ Peducaea, 695, b. 

„ Pesulania, 695, b. 

„ Petreia, 695, b. 

„ Petronia, 695, b. 

„ Pinaria, 695, b. 

„ Plaetoria, 374, b ; 409, a. 

„ Plautia, or Plotia de vi, 
1 209, a. 

„ „ or Plotia judi- 
ciaria, 650, a ; 
695, b. 

» n Papiria, 293, a ; 
695, 1). 

., Poetelia, 77, b; 696, a. 
i, „ Papiria, 696, a; 
797, a. 

„ Pompeia, 696, a. 

i) ,, de ambitu, 77, 

b ; 650, a ; 

696, a. 

H 11 judiciaria, 650, 
a. 

„ „ de jure inagis- 
tratuum,696, 
a. 

„ h de parricidiis, 

687, a. 

„ „ tribunitia, 696, 
a. 

„ „ de vi, 633, a; 

650, a ; 696, 
a; 1209, a. 

„ Pompcine, 696, a. 

„ Popilia, 695, a. 

„ Porciae de capita civium, 
696, a. 

„ Porcia dc provinces, 696, 
n. 

„ Publici.i, 696, a. 
„ Publilia, 696, a. 
„ „ dc alca, 75, n. 
,, ,, dc vpuiisiiribus 

641, a; 732, n. 
„ Publiliac, 696, b; 928, a. 
„ Pupio, 697, a. 
4 M 3 



1270 

Lex Quintia, 697, a. 

„ regia, 697, a; 1149, a. 

„ regiae, 332, a. 

„ Remmia, 234, b. 

„ repetundarum, 956, a. 

„ de residiis, 881, b. 

„ Rhodia, 697, a. 

„ Roscia theatralis, 697, b ; 

1123, b. 
„ Rubria, 697, b. 
„ Rupiliae, 698, a; 964, b. 
„ sacratae, 698, a. 
„ Satura, 683, a; 1008, b. 
„ Scantinia, 698, b. 
„ Scribonia, 698, b. 
„ Sempronia de foenore, 

699, a. 
„ Semproniae, 698, b. 
„ Servilia agraria, 699, a. 
„ „ Caepionis, 649, b. 
„ „ Glaucia de civi- 

tate, 986, b. 
„ „ Glaucia de repe- 

tundis, 649, b ; 

986, b. 

„ „ judiciaria, 649, 

b; 699, a. 
„ Silia, 699, a. 
„ Silvani et Carbonis,695,b. 
„ Sulpicia Sempronia, 699, 
b. 

„ Sulpieiae, 699, b. 
„ Sumptuariae, 1077, a. 
„ Tabellariae, 1091, a. 
„ Tarpeia Aternia, 685, a. 
„ Terentia Cassia, 549, a. 
„ Terentilia, 699, a. 
„ Testamentariae, 699, b. 
„ Thoria, 699, b. 
„ Titia, 700, b. 
„ „ de alea, 75, a. 
„ „ de tutoribus, 700, 
b. 

„ Trebonia, 700, b. 
„ Tribunicia, 1 149, a. 
„ Tullia de ambitu, 77, b. 
„ „ de legatione li- 
bera, 679, a. 
„ Valeria, de proseriptione, 

963, b. 
„ Valeriae, 700, b. 
„ „ et Horatiae, 

700, b; 928, 

a. 

„ Varia, 725, a. 
„ Vatinia de provineiis, 
701, a. 

„ „ de colonis, 701, a. 

„ de vi, 1 209, a. 

„ viaria, 701, a ; 1193, a. 

„ vicesimaria, 1196, a. 

„ Villia annalis, 701, b. 

„ Visellia, 96, a ; 701 , b. 

„ Voconia, 696, b; 701, b. 
Libatio, 1000, a. 
Libella, 702, b ; 706, a. 
Libellus, 792, b ; 843, b. 
Liber, 637, a; 703, b; 704, b. 

„ statu, 730, b. 
Libera fuga, 515, b. 



INDEX. 
Liberales ludi, 414, b. 
Liberalia, 414, a. 
Liberalis causa, 143, a. 

„ manus, 143, a. 
Liberalitas, 77, a. 
Liberi, 637, a ; 705, a. 
Libertas, 704, b. 
Libertus (Greek), 705, a. 

„ (Roman), 705, a. 
Libertlnus, 637, a. 
Libitinarii, 558, a. 
Libra, 706, a. 

„ or as, 706, a; 810, a. 
Librae, 151, a. 
Libramentum, 113, b. 
Libraria taberna, 704, b. 
Librarii, 570, b ; 704, b ; 706, b. 
Librarius legionis, 7, b. 
Librator, 707, a. 
Libripens, 727, b. 
Liburna, 786, a. 
Liburnica, 786, a. 
Liceri, 172, a. 
Licia, 1101, a. 
Liciatorum, 1101, a. 
Licinia lex de sodalitiis, 77, b. 

,, Junia lex, 693, b. 

„ Mucia lex, 693, b. 

„ lex sumturia, 1076, b. 
Liciniae rogationes, 693, b. 
Licitari, 172, a. 
Lietor, 707, a. 
Ligo, 707, b. 
Ligula, 707, b ; 979, a. 
Lima, 707, b. 
Limbus, 707, b. 
Limen, 624, b ; 949, b. 
Limes, 29, b. 
Limitatio, 29, b. 
Limus, 1075, a. 
Linearii, 29, b. 
Linteamen, 851, b. 
Linteones, 1099, a. 
Linteum, 674, b. 
Linum, 1092, a. 
Lirare, 49, b. 
Literae, 843, b. 
Literarum obligatio, 818, a. 
Literati, 1041, b. 
Lithostrotum, 431, a. 
Litis contestatio, 708, a ; 8 1 9, a. 
Litus dividuae exceptio, 11, b. 
Lituus, 709, b. 
Lixae, 234, b. 

Locare agrum, 43, a ; 48, b. 
Locarii, 88, b. 

Locati et conducti actio, 710, a. 
Locatio, 710, a. 

„ fructus, 43, a. 
Locator, 710, a. 
Loculamentum, 203, a. 
Loculus, 559, b. 
Locuples, 710, a. 
Locus liberatus et effatus, 1 104, 
a. 

Lodicula, 710, a. 
Lodix, 710, a. 
Logistae, 376, b. 
Lomentum, 57, b. 
Lora, 1203, a. 



Lorarii, 540, a. 
Lorica, 711, a. 
Lucar, 613, a. 

Lucerences, 875, b ; 1 155, b. 
Luceres, 875, b ; 1155, b. 
Lucerna, 713, a. 
Lucta, 713, b. 
Luctatio, 713, b. 
Ludi, 714, b. 

„ Apollinares, 715, a. 

„ Augustales, 179, b. 

„ Capitolini, 715, a. 

„ Circenses, 286, b; 714,b; 
715, b. 

„ compitalitii, 1347, b. 

,, Consuales, 286, b. 

„ Florales, 542, a. 

„ funebres, 715, b. 

„ honorarii, 716, a. 

„ liberales, 414, b. 

„ magni, 715, b. 

„ Martiales, 716, a. 

„ Megalenses, 749, a. 

„ natalitii, 716, a. 

„ Palatini, 716, a. 

,, piscatorii, 716, a. 

„ plebeii, 716, a. 

„ pontificales, 716. b. 

„ quaestorii, 716, b. 

„ quinquennales, 9, a. 

„ Romani, 716, b. 

„ saeculares, 716, b. 

„ scenici, 714, b ; 749, a. 

„ Tarentini, 716, b. 

„ Taurii, 716, b. 
Ludus, 574, b. 

„ duodecim scriptorum, 
671, a. 

„ latrunculorum, 670, b. 

„ Trojae, 288, a. 
Lumen, 115, a; 538, b. 
Luminum servitus, 1031, b. 
Lupanar, 258, b. 
Lupatum, 548, a. 
Lupercalia, 718, a. 
Luperci, 718, a. 
Lupus ferreus, 719, a. 
Lustratio, 719, a. 
Lustrum, 259, a; 719, b. 
Lychnuchus, 
Lyra, 148, b; 720, a. 



M. 

Macchus, 347, a. 
Macedonianum senatusconsul- 

tum, 1026, a. 
Macellarius, 722, a. 
Macellum, 722, a. 
Maceria, 769, b. 
Machinae, 722, a. 
Macrum solum, 45, b. 
Mactra, 1, a. 
Maenia lex, 694, b. 
Maenianum, 86, b ; 88, a ; 723, 

a. 

Magadis, 721, a; 779, a. 
Magister, 723, a. 

admissionum, 1 4, b. 



Magister armorum, 723, a. 

„ auctiones, 208, b. 

,, convivii, 1082, b. 

„ epistolarum, 723, a. 

„ equitum, 407, b. 

„ libellorum, 723, a. 

„ memoriae, 723, a. 

„ militum, 723. a. 

„ navis, 480, b. 

„ ofBciorum, 723, a. 

,, populi, 405, a. 

„ scriniorum, 723, b. 

„ sucietatis, 723, b. 

„ vicorum, 723, b. 
Magistratus, 723, b. 
Magnifici, G28, a. 
Maius, 232, a. 
Majestas, 724, b. 
Majores, 636, b. 
Malleolus, 726, a. 
Malleus, 726, a. 
Malluvium, 729, b. 
Malus, 789, a. 
Malus oculus, 521, b. 
Mamilia lex, 694, b. 
Mammaeani, 75, b. 
Manceps, 265, a ; 726, b. 
Mancipatio, 727, b ; 1 1 16, a. 
Mancipi res, 421, b; 1218, a. 
Mancipii, 728, a. 

„ causa, 726, b. 
Mancipium, 727, a. 
Mandata principum, 728, b. 
Mandatarius, 728, b. 
Mandati actio, 728, b. 
Mandator, 728, b. 
Mandatum, 728, b. 
Mandrae, 671, a. 
Mane, 409, a. 
Mangones, 1040, a. 
Manica, 729, a. 
Manicula, 1 1 H, a. 
Manilla lex, 691, b. 
Manipulates, 500, b. 
Manipularii, 500, b. 
Manipulus, 494, a ; 497, a ; 

500, b. 
Manlia lex, 731, l>. 
Mansio, 729, a. 
Mnisionarius, 729, b. 
Mansiones, 729, b; 880, b. 
Mantele, 729, b. 
Manuarium aes, 26, b. 
Mamibiac, 951, b; 1053, b. 
Manum, conventio in, 740, b; 

742, a. 
Manumissio, 730, a. 
Manumissor, 730, b. 
Manus, 26, b. 

„ ferrea, 586, b. 

„ injectio, 731, b. 
Mappa, 729, b. 
Marcia lex, 695, a. 
Margines, 1 1 92, b. 
Maria lex, 695, a. 
Marsupium, 732, b. 
M.n ti i. i flamen, 504, a. 
Martiales ludi, 7 16, a. 
Martius, 232. 
Mastigia, 540, a. 



INDEX. 

Mastiche, 903, b. 
Matara, 589, a. 
Mater, 310, a. 

Materfamilias, 51 9, b ; 740, b. 
Mathesis, 144, b. 
Matralia, 735, a. 
Matrimonium, 735, b. 
Matrons, 741, a. 
Matronales feriae, 744, a. 
Matronalia, 744, a. 
Mausoleum, 561, a; 744, a. 
Mazonomus, 745, b. 
Mediastini, 48, a ; 745, b. 
Medieamina, 1204, a. 
Medicina, 745, b. 
Medicus, 747, a. 
Medimnus, 748, b. 
Meditriimlia, 748, b. 
Medix tuticus, 748, b. 
Medulla nudata, 55, b. 
Megalenses ludi, 749, a. 
Megalensia, 149, a. 
Megalesia, 749, a. 
Melligo, 70, b. 
Membrana, 703, b. 
Memmia lex, 234, b. 
Mensa, 749, b. 

„ de, 131, a. 
Mensac Delphicae, 2, a. 

„ scripturam, per, 131, a. 
Mensam per, 131, a. 
Mensarii, 750, a. 
Mensularii, 750, a. 
Mcnsia lex, 695, a. 
Mensis, 238, a. 
Mensores, 71, b; 750, b. 
Menstruum, 1011, b. 
Mensura, 750, a. 
Mercenarii, 758, a. 
Mcrcenarius, 48, a. 
Mercnda, 306, b. 
Meridiani, 575, b. 
Mcridies, 409, a. 
Messio, 52, b. 
Metae, 284, a. 
Metallum, 759, a. 
Methodici, 7 16, b. 
Mctretes, 762, a ; 1223, b. 
Metronomi, 762, b. 
Milium, 56, a. 
Mille pavsuum, 762, b. 
Milliare, 762, b. 
Milliarium, 762, b. 

„ aureum, 763, a. 
Milvus, 154, a. 
Miinus, 763, a. 
Mina, 931, b. 
Minores, 374, b ; 636, b. 
Minucia lex, 695, a. 
Minutio capitis, 239, b. 
Mirinillotics, 575, 1>. 
Missio, 499, b ; 575, a. 

„ causaria, 499, b. 

„ honesta, 499, b. 

., ignominiosa, 499, b. 
Missus, 287, b. 

„ acrarius, 287, b. 
Mitra, 329, b; 1224, b. 
Mixta actio, 10, n. 
Modiolus, 378, b ; 7C I, b. 



1271 

Modius, 764, b. 
Modulus, 764, b. 

„ acceptorius, 115, a. 
„ erogatorius, 1 1 5, a. 
Modus legitimus, 1033. b. 
Moenia, 769, b. 
Mola, 765, a. 

„ salsa, 743, a ; 999, b. 
Monarchia, 766, a. 
Monaulos, 1 130, b. 
Moneta, 766, a ; 808, b. 
Monetales triumviri, 766, a 
Monctarii, 767, a. 
Monile, 767, b. 
Monitor, 1122, a. 
Monopodium, 758, a. 
Monoxylon, 783, a; 875, b. 
Monstrum, 961, a. 
Monumentum, 561, a. 
Morator, 287, a. 
Morbus comitialis, 336, b. 
Mortarium, 768, b. 
Morum regimen, 263, a. 

„ cura, or praefectura, 

263, b. 
Mos, 657, a. 
Motio e senatu, 264, a. 

„ e tribu, 264, b. 
Muciana eantio, 259, b. 
Mulier, 1 179, a. 
Mulleus, 222, a. 
Mulsa, 1205, b. 
Mulsum, 1205, a. 
Multa, 929, a. 
Muncrator, 574, a. 

Municeps, 318, b. 
Municipes, 3 IS, b. 
Municipium, 318, b. 
Munifex, 202, a. 
Munus, 574, a; 613, b. 
Munycbia, 769, a. 
Muralis corona, :s60, b. 
Mtiries, 1190, a. 
Murrea vasa, 769, b. 
Murrhins vasa, 769, b. 
Mums, 769, b. 
Muscariuin, 539, b. 
Musculus, 772, a. 
Museum, 772, b. 
Musica muta, 862, a. 
Musivarii, 915, b. 
Musivum opus,431,a; 915, a. 
Mustaccum, 743, a. 
Mustum, 1201, b. 
Mutatiorjes, 729, b. 
M ut ui actio, 780, b. 

„ datio, 780, b. 
Mutuli, 325, a. 
Mutus, 818, a; 11 13, a. 
MutUUtOj 780, hi 
.Mvstiria, 781, n. 
Mystrum, 782, a. 

N. 

Nacca, 55 1 , b. 
Naenia, 559, a. 
Nariliecin, 1 214, n. 
Natalitii ludi, 716, a. 

Natalibiis restitutio, 637, b. 
4 >i 4 



1272 

Natatio, 189, b ; 195, a. 
Natatorium, 189, b. 
Naturales, 879, b. 
Navalia, 782, a. 
Navalis corona, 360, a. 

„ scriba, 1012, a. 
Navarchus, 782, b. 
Navis, 783, a. 

„ aperta, 784, b. 
Naumachia, 792, b. 
Naumaehiarii, 792, b. 
Nauta, 480, b. 
Nebris, 793, b. 
Necessarii heredes, 598, b. 
Nefasti dies, 409, b. 
Negativa actio, 350, a. 
Negatovia actio, 350, a; 1033, a. 
Negligentia, 373, a. 
Negotiatores, 794, b. 
Negotiorum gestorum actio, 

794, a. 
Nenia, 559, a. 
Nepos, 310, a. 
Neptis, 310, a. 
Neptunalia, 795, b. 
Neroniana, 983, a. 
Nexum, 795, b. 
Nexus, 796, a. 
Nidus, 203, a. 
Nisus, or Nixus, 148, b. 
Nobiles, 798, b. 
Nobilitas, 798, b. 
Nodus, 800, a. 
Nomen, 527, a ; 800, a. 

„ expedire,or expungere, 
131, a. 

„ Latinum, 1050, a. 

„ (Greek), 800, a. 

„ (Roman), 800, b. 
Nomenclator, 77, a. 
Nonae, 23 1 , b. 
Norma, 806, a. 
Nota, 806, a. 

„ censoria, 263, b ; 635, b. 
Notarii, 8, b ; 222, a ; 806, a ; 

807, a. 
Notatio censoria, 263, b. 
Novacula, 197, b. 
Novale, 60, b. 
Novalis, 60, b. 
Novatio, 819, a. 
Novellae, 807, a. 

„ constitutionis, 807, a. 
November, 232, 
Novendiale, 562, a ; 807, b. 
Noverca, 28, b. 
Novi homines, 799, a. 

„ operis nuntiatio, 835, a. 
Noxa, 808, a; 929, a. 
Noxalis actio, 807, b. 
Noxia, 808, a. 
Nubilarium, 53, a. 
Nucleus, 1192, a. 
Nudipedalia, 221, a. 
Nudus, 808, b. 
Numeratio, 1019, b. 
Numisma, 808, b. 
Nummularii, 750, a. 
Numularii, 750, a. 
Nummus, or Numus, 808, b. 



INDEX. 
Nummus aureus, 182, a. 
Nuncupatio, 1116, b. 
Nundinae, 815, b. 
Nundinum, 816, b. 
Nuntiatio, 176, b ; 835, b. 
Nuptiae, 735, b. 
Nurus, 28, b. 



O. 

Oarion, or Orion, 152, a ; 

161, b. 
Obarator, 52, a. 
Obeliscus, 816, b. 
Obices, 626, b. 
Obligatio, 817, a. 
Obligationes, 817, a. 
Obnuntiatio, 176, b. 
Obolus, 821, b; 931, b; 1213,b. 
Obrogare legem, 682, b. 
Obsidionalis corona, 359, a. 
Obsonium, 835, b. 
Occasus, 155. 
Occatio, 52, a; 984, b. 
Occupatio, 821, b. 
Ocimum, or Ocymum, 59, b. 
Ocrea, 822, a. 
Octavae, 1184, b. 
Octavia lex, 549, a. 
October, 232, 

„ equus, 880, a. 
Octophoron, 672, b. 
Oecus, 428, b. 
Oenomelum, 1205, b. 
Oenophorum, 823, b. 
Oenophorus, 823, b. 
Oesipum, 1214, b. 
Offendix, 102, a. 
Officiales, 508, b. 
Officium admissionis, 14, b. 
Offringere, 49, b. 
Ogulnia lex, 695, a. 
Olea, 823, b. 
Oleagina corona, 361, b. 
Olenie, 149, a. 
Olenium astrum, or pecus, 

149, a. 
Oletum, 823, b. 
Oleum, 823, b. 
Oliva, 823, b. 
Olivetum, 823, b. 
Olla, 561, b; 827, a. 
Olor, 149, a. 
Olympia, 9, a; 828, a. 
Onager, 1 1 39, a. 
Onerariae naves, 358, b. 
Oneris ferendi servitus, 1031, b. 
Onyx, alabaster, 74, a. 
Opalia, 835, a; 1009, b. 
Operae, 878, b. 

„ servorum et anima- 

lium, 1031, a. 
Operarii, 8, b ; 47, b. 
Operis novi nuntiatio, 835, a. 
Opifera, 790, b. 
Opima spolia, 1054, a. 
Opimianum vinum, 1201, b. 
Opinatores, 83.5, b. 
Opistographi, 704, a. 



Oppia lex, 1077, a. 
Oppidum, 285, a. 
Opsonator, 836, a. 
Opsonium, 835, b. 
Optio, 497, 506, a. 
Optimates, 799, b. 
Opus, or acceptum referre, 
265, b. 
„ novum, 835, a. 
Oraculum, 836, b. 
Orarium, 843, a. 
Oratio, 16, b. 

Orationes principum, 843, a. 
Orator, 843, b. 
Orbis, 532, b. 
Orbus, 692, b. 
Orca, 1048, b. 
Orchestra, 1122, a. 
Orchia lex, 1077, a. 
Orcinus libertus, 730, b. 
„ senator, 730, b ; 
1017, a. 
Ordinarii gladiatores. 575, b. 

„ servi, 1041, a. 
Ordinarius judex, 968, a; 969,a. 
Ordinum ductores, 497, a ; 
504, b. 

Ordo, 318, a; 501, b; 676, b ; 
845, a. 

„ decurionum, 318, a; 
845, a. 

„ equestris, 473, b ; 845, a. 
„ senatorius, S45, a; 1018, 
a. 

Oreae, 548, a. 

Organum, 722, a. 

Orichalcum, 25, a ; 845, b. 

Originarii, 311, b. 

Ornamentatriumphalia,1167,b. 

Ornatrix, 

Orneatae, 888, b. 

Ornithones, 68, b. 

Ortus, 1 55, b. 

Oscines, 175, b. 

Oscillum, 846, a. 

Ostentum, 961, a. 

Ostiarium, 846, a. 

Ostiarius, 427, b. 

Ostium, 427, a; 624, a. 

Ova, 284, a. 

Ovalis corona, 361, a. 

Ovatio, 846, a. 

Ovile, 336, b. 

Ovinia lex, 1018, a. 



P. 

Pabula, 58, b. 
Pactio, 820, b. 
Pactum, 821, a. 
Paean, 846, b. 
Paedagogia, 847, b. 
Paedagogium, 847, b. 
Paedagogus, 847, a. 
Paenula, 848, a. 
Paganalia, 848, b. 
Pagani, 848, b. 
Paganica, 919, a. 
Pagi, 848, b. 



Pala, 96, b ; 848, b. 
Palaestra, 849, a. 
Palangae, 894, a. 
Palaria, 854, b. 
Palatini ludi, 716, a. 
Palea, 57, a. 
Palilia, 849, b. 

°alilicium, or Parilicium sidus, 

150, a. 
Palimpsestus, 704, a. 
Palla, 850, b. 
Palliata fabula, 346, b. 
Palliatus, 853, b. 
Palliolum, 850, b. 
Pallium, 850, b. 
Palmipes, 853, b. 
Palmus, 75, b ; 372, b ; 853, b. 
Paludamentum, 853, b. 
Paludatus, 853, b. 
Pal us, 854, b. 
Panathenaea, 855, a. 
Pancratiastae, 857, b. 
Pancratium, 857, a. 
Pandectae, 858, a. 
Panegyris, 861, b. 
Panicum, 56, a. 
Panis gradilis, 550, b. 
Pantomimus, 862, a. 
Papia lex de peregrinis, 695, a. 

„ Poppaea lex, 206, b; 

418, b; 691, b; 878, b; 

879, b. 
Papiria lex, 695, a. 

„ Plautia lex, 695, b. 
„ Poetelia lex, 696, a. 
tabellaria lex, 1091, a. 
Papyrus, 703, b. 
Par impar ludcre, 863, a. 
Paradisus, 863, b. 
Paragauda, 864, a. 
Parapherna, 437, a. 
Parasiti, 867, a. 
Parental ia, 562, b 
Paries, 868, a. 
Parilia, 849, b. 
Parma, 496, b ; 870, a. 
Parmula, 870, a. 
Parochi, 870, b. 
Paropsis, 870. b. 
Parricida, 687, b. 
Parricidium, 687, a. 
Partiarius, 48, b. 
1 'ascend i scrvitus, 1032, a. 
Pascua, 1 184, a. 

,, publico, 1012, a. 
Passum, 1203, b. 
Passus, 751, b ; 871, a. 
Pastio, 61, a. 

„ agrc*tis, 61, a. 
„ villaticn, 66, a. 
PaMophoros, 871, a. 
l'atella, 871, b. 
Pater, 310, a. 

„ familias, 519, b ; 874, a. 

„ patratus, 531, n. 
Paten 871, l>. 

Pathulogia, 
Patihulum, 563, a. 
Patina, 872, b. 
Putrcs, 875, a; 1016, a. 



INDEX. 
Patres conscripti, 1016, b. 
Patria potestas, 873, a. 
Patricii, 875, a. 
Patrimi et matrimi, or Patri- 

mes et matrimes, 877, b. 
Patrimus, 877, b. 
Patrona, 878, a. 
Patronomi, 877, b. 
Patronus, 878, a. 
Patruus, 310, a. 
Pavimentuin, 431, a; 1192, b. 
Pavonaceum, 1099, a. 
Pauperie, actio de, 8S0, b. 
Pauperies, 880. b. 
Pausarii, 880, b. 
Pecten, 881, a; 1101, b. 
Pecuarii, 881, a. 
Peculator, 881, a. 
Peculatus, 881, a. 
Peculio, actio de, 1037, b. 
Pcculium, 869, b ; 1037, I). 

„ castrense, 874, b. 
Pecunia, 808, b. 

„ certa, 818, a. 

„ vacua, 131, a. 
Pecuniae repetundae, 986, a. 
Pecus, 881, a. 

„ hirtum, 61, b. 
„ Tarentinum.or Graccum, 
61, b. 

Pedaneus judex, 651, a. 
Pedarii senatores, 851, a; 

1018, a. 
Pedisequi, 881, b. 
Peducaea, lex, 695, b. 
Pedum, 881, b. 
Pegasus, 149, b. 
Pegma, 882, a. 
Pegmares, 882, a. 
Pel lex, 349, b. 
Pellis, 882, a. 
Pelta, 882, b. 
Penicillus -um, 903, a. 
Pentacosiomedimni, 266, a ; 

1 1 55, a. 
Pentathli, 883, a. 
Pentathlon, 883, a. 
Peplum, 88 1, b. 
Per condictionem, 885, b. 
Per judicis postulationem, 

885, b. 

Per Hum US injectionem, 73 1 , b. 
Per pignoris capionem, or cap- 

tionem, 885, b. 
Pcra, 886, a. 
Perduellio, 725, a. 
Perduellionis duumviri, 886, b. 
Peregrinus, 291, b. 
Peremptoria exceptio, 1 1, b. 
Perferre legem, 682, b. 
Pergula, 886, b. 
Periscelis, 889, a. 
Pcristiarchus, 4 11, b. 
Peristroma, 674, b ; 1079, b. 
Pcristylium, 425, a; 428, a; 

889, b. 
Pcritiorcs, 653, b. 
Permutatio, 130, b. 
I'ero, 889, b. 

1'erpetua actio, B, a ; 10, b. 



1273 

Perscribere, 131, a. 
Perscriptio, 131, a. 
Persae, 149, b. 
Perseus, 149, a. 
Perula, 886, a. 
Prosecutoria actio, 10, a. 
Persona, 889, b. 
Pertica, 893, a. 
Pes, 751, b ; 893, a. 

„ Drusianus, 893, b. 

„ sestertius, 893, b. 
Pessulus, 626, b. 
Pesulani lex, 695, b. 
Petasus, 920, a ; 1213,1). 
Petauristae, 894, a. 
Petaurum, 893, b. 
Petitor, 13, a ; 77, a. 
Petorritum, 894, a. 
Petreia lex, 695, b. 
Petronia lex, 695, b. 
Plialae, 284, b. 
Phalangae, 894, a. 
Phalangarii, 894, a. 
Phalanx, 481, b; 482, b; 

488, a. 
Phalarica, 589, a. 
Phalera. 894, a. 
Phallus, 411, a; 521, b. 
Pharetra, 894, b. 
Pharos, or Pharus, 895, a. 
Phaselus, 895, b. 
Phengites, 1052, b. 
Philyra, 703, b. 
Phrygio, 851, a. 
Picatio, 1 202, a. 
Pictura, 899, b. 
Pignoraticia actio, 91 7, b. 
Pignoris capio, 916, b. 
Pignus, 915, b. 
Pila, 768, b ; 918, a. 

,, trigonalis, 919, a. 
Pilani, 501, b. 
Pilentum, 919, a. 
Pilcolum, 919, b. 
Pileolus, 919, b. 
Pikum, 919, b. 
Pileus, 919, I). 
Pilicrepus, 918, b. 
Pilum, 497, a; 588, a; 768, b. 
l'inacothcca, 921, a. 
Pinaria lex, 695, b. 
Pinsere, 5 1, b. 
Piscatorii ludi, 716, a. 
Pisces, 151, b. 
Piscis, 153, b. 

Piscina, 70, a ; 114, a ; 189,b; 

191, b; 195, a; 921, a. 
Pistillum, 768, b. 
Pistor, 921, a. 
Piftrinwn, 765, b ; 768, b. 
Pistris or l'islrix, 152, u. 
Pittaciom, 533, b. 
Plaetoria lex, 374, b ; 409, a. 
Plaga, 989, b. 
Plngiurius, 921, b. 
Plagium, 921 , b. 

Planetae, 922, a. 

Planctarii, 1 1 1, I). 

Planttrum, or Plostrum, 147, 
b ; 923, a. 



1274 

Plautia, or Plotia lex de vi, 
1 209, a. 
„ judiciaria, 650, a; 695, 
b. 

Plebeii, 923, b. 

ludi, 716, a. 
Plebes, 923, b. 
Plebiscitum, 682, a ; 927, b. 
Plebs, 923, b. 
Plectrum, 721, b. 
Pleni menses, 226, a ; 227, b. 
Pleiades, 150, a; 157, b. 
Pleurici, 30, b. 
Plostellum poenicum, 53, a. 
Plumarii, 923, a. 
Pluteus, 674, b ; 928, b. 
Pneumatici, 746, b. 
Pnyx, 440, b. 
Poeulum, 923, b. 
Podium, 86, b ; 88, a ; 323, b ; 

929, a. 
Poecile, 944, a. 
Poena, 929, a. 

Poetelia Papiria lex, 696, a ; 

797, a. 
Politor, 48, b. 
Pollen, 55, b. 

Pollex, 372,b; 751, b; 893, b. 
Pollicaris, 893, b. 
Pollicitatio, 821, a. 
Pollinctores, 558, a. 
Polus, 615, a; 929, b 
Polychromy, 905, b ; 1092, a. 
Polymita, 1102, b. 
Pomeridianum tempus, 409, a. 
Pomoerium, 930, a. 
Pompa, 931, a. 

„ Circensis, 287, a. 
Pompeiae leges, 696, a. 
Pondera, 931, a. 
Pondo, 706, a. 
Pons, 336, b ; 936, b. 
„ Aelius, 938, b. 
„ Aemilius, 937, b. 
„ Cestius, 937, b. 
„ Fabricius, 937, b. 
„ Janieulensis, 938, a. 
„ Milvius, 938, a. 
„ Palatinus, 937, b. 
„ Sublicius, 937, a. 
„ suffragiorum, 939, b. 
„ Vaticanus, 936, a. 
Pontifex, 938, b. 
Pontificales libri, 941, a. 

„ ludi, 716, b. 
Pontifices minores, 942, a. 
Pontifieii libri, 941, a. 
Pontificium jus, 656, b ,• 941. 
Popa, 25S, b ; 373, b ; 1000, a. 
Popilia lex, 695, a. 
Popina, 258, b. 
Poplifugia, 942, b. 
Populares, 799, b. 

„ actiones, 1200, b. 
Popularia, 88, b. 
Populi scitum, 682, b. 
Populifugia, or Poplifugia, 

942, b. 
Populus, 88, b. 
Por, 1039, b. 



INDEX. 
Porciae leges, 696, a. 
Porta, 943, a. 

,, deeumana,249, a; 251, b. 
„ Libitinensis, 285, b. 
„ pompae, 285, b. 
„ praetoria, or extraordi- 
naria, 249, a ; 251, b. 
„ principalis, 249, a. 
„ quaestoria, 249, a. 
„ triumphalis, 285, b. 
Portentum, 961, a. 
Porticus, 944, a. 
Portisculus, 944, b. 
Portitores, 945, a ; 973, b. 
Portorium, 944, b. 
Portumnalia, 945, b. 
Portunalia, 945, b. 
Posca, 945, b. 

Possessio, 38, a; 945, b; 949, a. 

,, bonae fidei, 422, b. 

,, bonorum, 208, b. 

„ clandestina, 643, b. 
Possessor, 946, b ; 949, a. 
Postes, 624, b. 
Posticum, 624, b. 
Postliminium, 949, b. 
Postmeridian um tempus, 409, a. 
Postsignani, 502, b. 
Postulaticii, 575, b. 
Postumus, 601, a. 
Potestas, 873, a. 
Praecidianeae feriae, 530, a. 
Praecinctio, 87, a ; 88, b ; 

1121, a. 
Praecinctus, 1173, a. 
Praecones, 951, b; 1125, a. 
Praeconium, 951, b. 
Praeda, 950, b; 951, b; 1053, b. 
Praedia, 954, b ; 955, a. 
Praediator, 954, b. 
Praediatorium jus, 955, a. 
Praediorum servitutes, 1031 ; 

1033, a. 
Praedium, 952, a. 
Praefecti sociorum, 497, b. 
Praefectus, 967, b. 

„ aerarii, 24, a. 

„ alimentorum, 75, b. 

„ annonae, 540, b ; 
952, a. 

„ aquarum, 1 1 5, b. 

„ castrorum, 952, b. 

„ classis, 952, b. 

„ fabrum, 517, b. 

„ juri dicundo, 318, b. 

„ praetorio, 952, b. 

„ vigilum, 510, a. 

„ urbi, 953, a; 993, a. 
Praefectura, 318, b; 319, a. 
Praeficae, 558, b. 
Praefurnium, 192, b; 546, a. 
Praejudicium, 954, a. 
Praelusio, 575, a. 
Praenomen, 801, b. 
Praepetes, 175, b. 
Praepositus, 954, b. 
Praerogativa centuria, 

„ tribus, 338, b; 
339, b. 
Praerogativae, 339, b. 



Praes, 954, b. 

Praescriptio, 12, a; 955, a. 
Praeses, 967, b ; 969, a. 
Praesidia, 250, b. 
Praestatio, 955, b. 
Praetentura, 251, b ; 253, b. 
Praeteritii senatores, 264, b 

1018, a. 
Praetexta, 1137, a. 
Praetextata fabula, 346, b. . 
Praetextatus, 631, a. 
Praetor, 956, a. 

„ peregrinus, 956, b. 

„ urbanus, 956, b. 
Praetoria actio, 10, a. 

„ cohors, 957, a. 
Praetoriani, 957, a. 
Praetorii Iatera, 251, b; 253 
a. 

Praetorium, 246, b; 251, b 

253, a; 958, a. 
Praevaricatio, 1027, b. 
Pragmatici, 844, a. 
Prandium, 306, a. 
Precarium, 39, b; 643, b. 
Prehensio, 1 151, b. 
Prelum, or Praelum, 958, a. 
Prensatio, 77, a. 
Primicerius, 958, a. 
Primipilaris, 508, b. 
Primipilus, 505, a. 
Princeps juventutis, 475, a. 

„ senatus, 1017, b. 
Principals constitutiones, 351 

a. 

Principes, 494, b ; 496, b. 
Principia, 502, a. 

„ via, 248, a. 
Principium, 332, a. 
Privatae feriae, 528, a. 
Privatum jus, 291, b; 657, b. 
Privilegium, 514, b; 516, a 

683, b ; 805, b. 
Privigna, 28, b. 
Privignus, 28, b. 
Proamita, 310, a. 
Proavia, 310, a. 
Proavunculus, 310, a. 
Proavus, 310, a. 
Probatio nummorum, 131, b. 
Proconsul, 960, b ; 967, b. 
Procubitores, 503, a. 
Procuratio prodigiorum, 961 , a 
Procurator, 12, a ; 47, a ; 48 
a; 222, a; 961, a 
967, b. 

„ alimentorum, 75, b. 

„ peni, 260, b. 
Procyon, 152, b. 
Prodigium, 961, a. 
Prodigus, 11 13, b. 
Proeliales dies, 410, a. 
Profesti dies, 409, b. 
Progenor, 28, b. 
Projiciendi Servitus, 1031, b. 
Proletarii, 239, a. 
Promatertera, 310, a. 
Promissa, 741, b. 
Promissor, 817, b. 
Promulsis, 307, a ; 1205, b. 



Promus, 260, b. 
Promuscondus, 2G0, b. 
Pronepos, 310, a. 
Proneptis, 310, a. 
Pronubae, 744, a. 
Pronubi, 743, b. 
Pronurus, 28, b. 
Propatruus, 310, a. 
Propes, 790, b. 
Propnigeum, 192, b. 
Proportionates, 30, b. 
Propraetor, 967, a. 
Proprietas, 422, a. 
Prora, 786, a. 
Proscenium, 1122, a. 
Proscindere, 49, b. 
Proscribere, 963, b. 
Proscripti, 963, b. 
Proscriptio, 963, b. 
Prosecta, 1000, a. 
Prosiciae, 1000, a. 
Prosocrus, 28, b. 
Prospectus serwtus, 1031, b. 
Protropum, 1201, b. 
Provincia, 964, b. 
Provocatio, 107, a. 
Provocatores, 575, b. 
Proximus admissionum, 14, b. 

„ infhntiae, 637, a. 

„ pubertati, 636, b. 
Prudentiores, 653, b. 
Pubertas, 374, b ; 63o, b. 
Pubes, 631, a; 837, a. 
Publicae feriae, 528, b. 
Publicani, 972, b. 
Publici servi, 1039, a; 1041, 
a. 

Publicia lex, 696, a. 
Publiciana in rem actio, 974, 
a. 

Publicum, 23, b; 40, a; 972, b. 

jus, 291, b; 657, b. 
Publicus ager, 29, a; 949, a. 
Publilia lex, 696, a. 
Puhliliac leges, 696, b. 
Puer, 1039, b. 
Pugilatus, 974, b. 
Pugiles, 974, b. 
Pugillares, 1C92, a. 
Pugio, 975, a. 
Pullarius, 176, a. 
Pullati, 88, b. 

Pulmentarium scrvorum, 48, 
b. 

Pulpitum, 1 122, b. 

Puis fabata, 57, b. 

Pulvinar, 286, b; 975, b. 

Pulvinus, 975, b. 

Punctae, 1 15, a. 

PUpia lex, 697, a. 

Plrpillua, 3, a; 630, a; 636, b; 

1177, b. 
I'upillaris substitutio, 599, b. 
Puppif, 787, a. 
Puteal, 976, a. 
Putcus, 1 13, a; 189, b. 
Puticnlae, 560, b. 

Potieuli, .•;';<>, l>. 

Pyra, 059. I>. 
Pyrgus, 548, b. 



INDEX. 

Pythia, S37, a. 
Pytho, 836, a. 
Pyxidula, 978, b. 
Pyxis, 978, b. 



Q. 

Quadragesima, 978, b. 
Quadrans, 140, b. 
Quadrantal, 979, a. 
Quadratarii, 915, b. 
Quadriga, 379, b. 
Quadriremes, 785, b. 
Qua drupes, 880, b. 
Quadruplatores, 980, a. 
Quadruplicatio, 12, a. 
Quadrussis, 141, a. 
Quaesitor, 648, b. 
Quaestiones, 648, b. 

„ perpetuae, 648, b. 
Quaestor, 980, a. 
Quaestores alimentorum, 75, 
b. 

„ classici, 98 1 , a ; 
980, b. 

„ parricidii, 648, b. 

„ pecuniae alimenta- 
riae, 75, b. 

„ rerum capitalium, 
648, b. 

„ sacri palatii, 9S2, a. 

„ urbani, 981, b. 
Quaestorii ludi, 716, b. 
Quaestorium, 249, a; 253, b. 
Quaestura Ostiensis, 981, b. 
Quales-fjuales, 1041, b. 
Qualus, 220, b. 
Quanti minoris actio, 982, a. 
Quartarius, 979, a; 982, b. 
Quasillariae, 220, b; 1099, b. 
Quasillus, 220, b. 
Quatuorviri juri dicundo, 318, 
b. 

„ viarum curanda- 

rum, 1 193, b. 
Querela inofficiod testamenti, 

1118, a. 
Quinarius, 393, b. 
Quinctilis, 232, a. 
Quincunx, 140, b. 
Qu in decemviri, 387, a. 
Quinquagesima, 982, b. 
Qiunquatria, 9*2, l>. 

Quini|uutrus, 982, I). 

„ minorcs or mi- 
nusculae, 983, a. 
Quinqucnnalia, 983, a. 
Quinqucnnalis, 318, b. 
Qiiinqucrcmcs, 785, b. 
Qiiinqucrtium, 8S3, a. 
Qiiiuqucviri, 983, a. 

„ mensarii, 750, a ; 
983, a. 
Quititana, 2 18, a. 
Quintia lex, 'i'lT, a. 
Qnintilis, 232, a. 
Quirinalia, 983, a. 
Quirinali* llanien, 540, a. 
Qnirititna jus, 29 1, b; 658, a. 



1275 

Qucd jussu, actio, 663, b. 
Quorum bonorum, interdic- 
tum, 983, b. 



R. 

Radius, 378, b. 
Ramnenses, 875, b; 1155, b. 
Ramnes, 875, b; 1155, b. 
Rapina, 58, b. 

,, or rapta bona, 564, a. 
Rallum, 984, b. 
Rallus, 9S4, b. 
Rastellus, 984, b. 
Rasitare, 197, b. 
Raster, 984, b. 
Rastrum, 984, b. 
Rates, 783, a. 
Rationes, 131 , a. 
Rationibus distrahendis actio, 

1178, b. 
Recepta; de recepto, actio, 

984, b. 
Recinium, 995, a. 
Recinus, 995, a. 
Hector, 969, a. 

Recuperatores, 11, b; 646, b. 
Reda, 994, b. 

Redemptor, 2G5, b; 710, a; 

985, a. 
Redbibitoria actio, 9S5, a. 
Hedimiculum, 985, b. 
Refriva, 57, b. 

Regia, 198, a. 

„ lex, 1149, a. 
Regifugium, 985, b. 
Regina sacrorum, 994, a. 
Regula, 985, b. 
Rei residuae exceptio, 11, b. 

„ uxoriae, or dotis actio, 

438, a. 
Itelatio, 1019, b ; 1021, a. 
Relegatio, 515, b. 
Relegatus, 515, b. 
Religiosus, 562, a. 
Rcmancipatio, 419, a; 455, b. 
ltemmia lex, 234, b. 
Remulcum, 986, a. 
Kcmuria, 680, b. 
Remus, 788, a. 

Henuntiatio, 336, b; 388, b. 
Repagula, 626, b. 
Kcparator, 49, b. 
Repetundae, 986, a. 
Replica tio, 12, a. 
Repolire, 53, b. 

Hepositorium, 307, b. 
Repotia, 744, a. 
Repudiiiin, 419, a. 
Repurgare, 53, b. 
Res, 121, b. 

,, communes, 421, b. 

,, corporalis, 421 , b. 

„ divini juris, 421, b; 
657, a. 

„ frumintaria, 1221 , a. 

,, hereditaii.ic, 421, b. 

,, bnman] juris, 421, b; 

657, u. 



1276 

Res immob iles, 421, b. 
„ incorporales, 421, b. 
„ mancipi, 421, b; 1218, a. 
„ mobiles, 421, b. 
„ nec mancipi, 422, 1218, 
a. 

„ nullius, 421, b. 

„ privatae, 421, b. 

„ publicae, 421, b. 

„ religiosae, 421, b. 

„ saerae, 421, b. 

„ sanctae, 421, b. 

„ singulae, 421, b. 

„ universitatis, 421, b. 

„ uxoria, 437, a. 
Reseissoria actio, 64], b. 
Rescriptum, 351, b. 
Resina lentiscina, 903, b. 
Respondere, 107, b. 
Responsa, 653, b. 
Respublica, 1215, b. 
Restitutio in integrum, 987, a. 
Restitutoria actio, 64], b. 
Rete, 988, b. 
Retentio dotis, 418, b. 
Retentura, 251, b; 253, b. 
Retiarii, 575, b. 
Reticulum, 329, a; 988, b. 
Retinaculum, 989, b. 
Retis, 988, b. 
Reus, 12, 819, a. 
Rex, 990, a. 

„ convivii, 1082, b. 

„ sacrificulus, 994, a. 

„ sacrificus, 994, a. 

„ sacrorum, 994, a. 
Rheda, 994, b. 
Rhodia lex, 697, b. 
Rica, 541, a. 
Ricinium, 995, a. 
Robigalia, 995, b. 
Robur, 241, a. 
Robus, 54, a. 
Rogare legem, 628, b. 
Rogatio, 682, a; 683, b. 
Rogationem aecipere, 682, b. 

„ promulgare, 682, b. 
Rogationes Liciniae, 693, b. 
Rogator,338, b; 1077, a. 
Rogus, 559, b. 
Romana, 850, b. 
Romphea, 589, a. 
Rorarii, 495, b ; 502, b. 
Roscia theatralis lex, 697, b ; 

1123, b. 
Rostra, 995, b. 
Rostrata columna, 327, b. 

„ corona, 360, a. 
Rostrum, 786, b. 
Rota, 378, a; 532, b. 
Rubria lex, 697, b. 
Rubrica, 171, a. 
Rudens, 996, a. 
Ruderatio, 431, a. 
Rudiarii, 575, a. 
Rudis, 574, b. 
Rudus, 1 1 92, a. 
Ruffuli, 996, a. 
Rumpia, 589, a. 
Runcatio, 52, a. 



INDEX. 

Runcina, 996, a. 
Rupiliae leges. 
Rustici, 311, b. 
Rutabulum, 996, b. 
Rutellum, 996, a. 
Rutiliana actio, 996, a. 
Rutrum, 996, a. 



S. 

Sabanum, 851, b. 
Saccatus, 1203, a. 
Saccus, 996, b; 1203, a. 
Sacellum, 996, b. 
Sacena, 420, b. 
Sacer, 562, a. 
Sacerdos, 996, b. 
Sacerdotium, 996, b. 
Sacra, 998, a. 

„ gentilitia, 568, b. 

,, municipalia, 998, b. 

„ privata, 998, a. 

„ publica, 998, a. 
Sacramento, 1198, b. 
Sacramentum, 662, a; 998, a. 
Sacrarium, 998, b. 
Sacratae leges, 698, a. 
Saerifichim, 998, b. 
Sacrilegium, 1000, b. 
Sacrilegus, 1000, b. 
Sacrorum alienatio, 568, b. 

„ detestatio, 568, b. 
Sacrum novemdiale, 528, b. 
Saeculares ludi, 716, b. 
Saeculum, 1000, b. 
Sagarii, 1001, a. 
Sagitta, 149, b; 1001, a. 
Sagittarii, 1001, a. 
Sagittarius, 151, a. 
Sagittifer, 151, a. 
Sagittipotens, 151, a. 
Sagmina, 1002, a. 
Sagulum, 1002, b. 
Sagum, 1002, a. 
Salaminia, 865, a. 
Salarium, 1002, b. 
Salii, 1003, a. 
Salillum, 1004, a. 
Salinae, 1003, b. 
Salinator, 1004, a. 
Salinum, 1004, a. 
Salsilago, 1004, a. 
Salsugo, 1004, a. 
Saltatio, 862, a; 1004, b. 
Saltus, 46, b; 652, a; 753, a; 

1012, a. 
Salvianum interdictum, 643, a. 
Salutatores, 1006, b. 
Sambuca, 1007, a. 
Sandalium, 1007, b. 
Sandapila, 559, a. 
Sapa, 1202, a. 
Sarcophagus, 559, b. 
Sarculatio, 52, a. 
Sarculum, 52, a ; 1008, a. 
Sardiana, 715, b. 
Sarissa, 488, a; 589, a. 
Sarracum, 1008, a. 
Sarritio, 52, a. 



Sartago, 1008, a. 
Satio, 51, a. 

„ autumnalis, 54, b. 

„ septimontalis, 57, a. 

„ trimestris, 51, a; 55, a. 
Satira, 1008, a. 
Satisdatio, 12, a. 
Satura, 1008, a. 

„ lex, 683, a; 1008, b. 
Saturnalia, 1009, a. 
Scabellum, 286, b. 
Scabillum, 381, b. 
Scalae, 789, a; 1009, b. 

„ Gemoniae, 240, b. 
Scalmi, 787, b. 
Scalpel) um, 274, b. 
Scalptura, 1010, a. 
Scalpturatum, 43] , a. 
Scamnum, 253, 286, b; 1011, a. 
Scantinia lex, 698, b. 
Scapha, 786, a. 
Scapus, 57, a; 1170, b. 
Scena, 1122, a. 
Scenici ludi, 714, b ; 749, a. 
Sceptrum, 101 1, a. 
Scheda, 703, b. 
Schoenus, 101 1, b. 
Schola, 189, b. 

„ labrorum, 191, a. 
Scholae, 253, b. 

„ auctores, 173, b. 
Sciothericum, 616, b. 
Scipio, 1011, a. 
Scire, 1023, a. 
Scissor, 307, b. 
Scitum populi, 682, a. 
Scorpio, 151, a; 540, a; 1139, a. 
Scorpius, 151, a, 
Scortea, 848, b. 
Scribae, 7, b; 1012, a. 
Scribere, 131, a. 
Scribonia lex, 698, b. 
Scrinium, 238, b. 
Scriplum, 1012, b. 
Scripta, 945, a. 

„ duodecim, 670, a. 
Scriptura, 234, a; 972, b; 

1012, a. 
Scripturarii, 1012, b. 
Scripulum, 46, b; 1012, b. 
Scrobes, 116, b 

Scrupulum, 182, a; 652, a; 

753, b; 1012, b; 1213, b. 
Sculptura, 1010, a. 
Sculponeae, 48, b. 
Scutica, 539, b. 
Scutum, 496, b; 1012, b. 
Scytale, 1013, a. 
Secale, 56, a. 
Secespita, 1013, b. 
Secretarium, 174, a. 
Sectatores, 77, a. 
Sectio, 951, b ; 1013, b. 
Sector, 951, b ; J013, b. 
Sectorium interdictum, 643, a; 

1013, b. 
Securicula, 1014, a. 
Securis, 1014, a. 
Secutores, 576, a. 
Seges, 61, a. 



Segestrc, 674, b. 
Seliquastrum, 1015, b. 
Sella, 257, b; 101-1, b. 
Sembella, 702, b. 
Semen adoreum, 54, a. 

„ trimestre, 54, a. 
Sementina dies, 530, a. 
Sementivae feriae, 530, a. 
Semimares, 566, b. 
Semis, Semissis, 140, b; 182, b. 
Semproniae leges, 698, b. 
Sempronia lex de foenere, 699, 

a. 

Semuncia, 1213, b. 
Semunciarium fenus, 527, b. 
Senator, 1016, a. 
Senatores Oruni, 1017, a. 

„ pedarii, 1018, a. 
Senatu motio, or ejectio e, 

264, a. 
Senatus, 1016, a. 
Senatus auetoritas, 1023, b. 
Senatusconsultum, 1022, b. 

„ Apronianum, 1024, a. 

„ Articuleianum, 1024, b. 

„ de Uacchanalibus, 4 14, a; 
1024, b. 

„ Calvitianum, 692, b ; 
1024, b. 

„ Claudianum, 1024, b. 

„ Dasumianum, 1025, b. 

„ Hadriani, 1025, b. 

„ Juncianum, 1026, a. 

„ Junianum, 1026, a. 

„ Juventianum, 1026, a. 

„ Largianum, 1026, a. 

„ Libonianum, 1026, a. 

„ Macedonianum, 1026, a. 

„ Marcianum, 1024, b. 

„ Memmiantim, 1026, a 

„ Ncronianum, 1026, a. 

„ Orphitianum, 1026, b. 

„ Pegasinum, 535, b ; 
536, b; 1026, b. 

„ Persicianum, 1026, b. 

„ Pisonianum, 1026, a. 

„ Plancianum, 1026, b. 

„ Plnutionum, 1027, a. 

„ Kiibrianum, 1027, a. 

„ Sabinianuin, 1027, a. 

„ Silanianiim, 1027, a. 

„ taciturn, 7, b. 

„ Tertiillianiini, 1027, a. 

„ Trcbellianum, 535, a; 
1027, b. 

„ Turpilianum, 1027, b. 

„ Velleianum, 1027, b. 

„ Vitrasianum, 1027, b. 

„ Volusianum, 1027, b. 
Senatus jus, 1018, b. 
Seniores, 333, b. 
Scpclire, 560, b. 
Scpimintum, 47, a. 
September, 232. 
Septem Trioncs, 147, b. 
Septcmviri Kpiiloms, I7<>, 1>. 
Septimatrus, 988, b. 
Scptimnntitim, I02H, a. 

Septum, 336, b. 
Si'ptunx, 140, b. 



INDEX. 
Sepulcbri violati actio, 562, a. 
Sepulchrum, 5C0, b. 
Sequestres, 77, a. 
Sera, 626, b. 
Seriae, 1202, a. 
Sericum, 1028, a. 
Serpens, 148, a ; 149, b. 
Serpentarius, 149, a. 
Serra, 1029, a. 
Serrati, sc. nummi, 394, a. 
Serrula, 1029, b. 
Serta, 1029, b. 
Servare de coelo, 176, b. 
Serviana actio, 918, a. 
Servilia agraria lex, 699, a. 
„ Glaucia lex, 986, b. 
„ judiciaria lex, 699, a. 
Servitus, 1030, b; 1036, b. 
Servitutes, 9, b; 1030, b. 
Servus (Greek), 1034, a. 

„ (Roman), 48, a; 1036,b. 

„ ad manum, 76, b. 

„ publicus, 7, b ; 1039, a; 
1041, a. 
Sescuncia, 140, b. 
Sescunx, 140, b. 
Sesquiplares, or Sesquiplarii, 

509, a. 

Sestertium, 242, b; 1042, b. 

Sestertius, 1042, b. 

Sevir turmac cquitum, 475, a. 

Seviri, 180, b. 

Sex suflragia, 472, b. 

Sexatrus, 982, b. 

Sextans, 140, b. 

Sextariu.% 979, a ; 1043, b. 

Sextilis, 232. 

Sextula, 1213, b; 1013, b, 
Sibina, 589, a. 
Sibyllini libri, 1043, b. 
Sica, 1044, b. 
Sicarius, 687, a. 
Sicila, 1014. b. 
Sicilicus, 1 13, b; 1213, b. 
Sicilire pratum, 60, a. 
Sidus natalitium, 14 1, b. 
Sigillaria, 1009, b. 
Sigma, 750, a. 
Signa, 253, b. 

.. militaria, 1044, b. 
Signifer, 10-15, b. 
Signinum opus, 431, a. 
Sign um, 501 , a. 
Silentiarii, 951, b. 
Siicntium, 176, b. 
Silia lex, 699, a. 
Silicarii, 115, b. 
Siliccrnium, 562, a. 
Siligo, 54, a ; 55, b. 
Simila, or Similogo, 55, I). 
Siliqua, 1213, b 

Sitae, ioi2, a. 
Silvani et C'arbonis lex, 695, 
b. 

Simpulum, or Simpuvium, 

10-16, a. 
Stodon, U i . b. 

Singularcs, .WIS, b. 
Sinus, 1 135, a. 
Siparium, 1016, a. 



1277 

Sirius, 152, b; 160, a. 
Sistrum, 1046, a. 
Sitella, 1048, b. 
Siticines, 558, b. 
Sittybae, 704, b. 
Simla, 1048, b. 
Sobrina, 310, a. 
Sobrinus, 310, a. 
Socculus, 1048, b. 
Soccus, 1048, b. 
Socer, 28, b. 

„ magnus, 28, b. 
Societas, 1049, a. 
Socii, 542, b; 1049, a; 1050, a. 
Socio pro, actio, 1049, b. 
Socius, 10-19, a. 
Socrus, 28, b. 

„ magna, 28, b. 
Sodales, 310, b. 

,, Augustales, 180, a. 
Titii, 1134, b. 
Sodalitium, 77, b. 
Solarium, 429, b; 616, b; 

1078, b. 
Solea, 1051, b. 
Solidorum vcnditio, 131, b. 
Solidus, 182, b. 
Solitaurilia, 719, b : 1000, a. 
Solium, 187, b; 191, a; 1129, 
a. 

Solvere in area, 119, a. 
Solum, 430, b. 
Solutio, 819, b. 
Sonipes ales, 149, b. 
Sophronistae, 581, 1). 
Sordidati, 1 137, a. 
Soror, 310, a. 
Sortes, 843, a; 1051, b. 
Sortilegi, 1052, a. 
Spadones, 6:!1 , b. 
Sparus, 588, b. 
Spatiuin, 286, a. 

„ lcgitimum, 1033, b. 
Specillum, 274, b. 
Spectabiles, 628, a. 
Spectio, 176, b; 177, b. 
Specularia, 432, b. 
Specularis lapis, 432, a. 
Speculators, 508, b. 
Speculum, 1052, a. 
Specus, 1 1 3, a. 

Spliaeristcrium, 1 95, b ; 582, a. 
Spica mutica, 57, a. 
Spiculuni. 587, a; 589, a. 
Spina, 284, b. 

8p inter, or Spinther, 136, a. 

Spira, 1053, a. 
Spirula, 1053, a. 
Spolia, 1053, I). 
Spuliatorium, 189, a. 
Sponda, 671, b. 
Spondeo, HI 7, I). 
Spongio, 905, a. 
Sponsa, 711, b. 
Sponsnli.i, 71 1, I). 
SponMo, 640, b ; II 99, n. 
Sponsor, 640, b, 
Spoimu, 74 I, b. 
Sportula, 1054, b. 
Stabularius, 984, b. 



1278 

Stadium, 1055, a. 
Stalagamia, 632, a. 
Stamen, 1100, a. 
Stater, 1056, b. 
Statera, 1170, a. 
Stati dies, 409, b. 
Stationes, 250, b. 

„ fisci, 1058, a. 

„ munieipiorum, 577, b. 
Stativae feriae, 528, b. 
Stator, 1058, a. 
Statores, 508, b. 
Statu liber, 730, b. 
Statuae Persicae, 889, b. 
Statuaria ars, 1058, a. 
Statumen, 1192, a. 
Stellae Parrhasides, 147, b. 

„ errantes, 922, a. 
Stellaturae, 505, a. 
Stercolinii servitus, 1032, a. 
Stercoratio, 50, a. 
Stercutius, 50, a. 
Sterquilinium, 50, a. 
Stesieharus, 1096, a. 
Stibadium, 750, a. 
Stillicidii servitus, 1031, b. 
Stillicidium, 1031, b. 
Stilus, 1071, a. 
Stipendiaria, 37, b. 
Stipendiarii, 1071, b. 
Stipendium, 1071, b. 
Stipes, 854, b. 
Stipulatio, 817, b. 
Stipulator, 817, b. 
Stiva, 117, b; 118, a. 
Stola, 1073, a. 
Stragulum, 674, b. 
Stratores, 1074, b. 
Strena, 1075, a. 
Striae, 324, a. 
Striga, 253, b ; 254, a. 
Strigil, 185, a; 192, a. 
Strophium, 1075, a. 
Structor, 307, b. 
Studiosi juris, 143, b. 
Stultorum feriae, 545, b. 
Stuprum, 17, a; 349,a; 633, b. 
Stylus, 1071, a. 
Suasor, 173, a. 
Subcenturio, 506, a. 
Subitarii, 1171, b. 
Subligaculum, 576, a ; 1075, a. 
Sublimissimi, 628, a. 
Subrogare legem, 682, b. 
Subruncivi, 30, a. 
Subscriptio, 357, b. 

„ censoria, 263, b ; 
635, b. 
Subseciva, 30, a ; 42, a. 
Subsellium, 1 129, a. 
Subseriea, 1028, b. 
Subsignanus, 502, b. 
Substitutio, 599, a. 

„ pupillaris, 599, b. 
Subtegmen, 1100, a. 
Subtemen, 1100, a. 
Subucula, 1173, b. 
Suecessio, 1075, b. 
Successor, 1076, b. 
Succinctorium, 1075, a. 



INDEX. 
Succinctus, 1 1 73, b. 
Succolare, 672, b. 
Sudatio concamerata, 190, b. 
Sudatorium, 1 90, b. 
Suffibulum. 1191, a. 
Suffitio, 562, a. 
Suff'ragia sex, 472, b. 
Suffragium, 1076, b. 
Suggestus, 88, a; 995, b; 

1077, a. 
Suggrundarium, 559, b. 
Sui heredes, 598, b. 
Sulci, 1 1 92, a. 
Sulcus, 58, a ; 59, a. 
Sulpiciae leges, 699, b. 
Sulpicia Sempronia lex, 699, b. 
Sumtuariae leges, 1077, a. • 
Suovetaurilia, 719, b ; 1000, a. 
Superficiarius, 1078, a. 
Superficies, 1078, a. 
Supernumerarii, 2, b. 
Supparum, 790, a; 1174, a. 
Supparus, 1 174, a. 
Supplicatio, 1079, a. 
Supposititii, 576, a. 
Suprema, sc. tempestas, 409, a. 
Surdus, 818, a ; 1113, a. 
Suseeptores, 265, a. 
Suspensura, 192, a. 
Symposium, 1082, a. 
Syndicus, 1084, a. 
Syngrapha, 271, b. 
Synthesis, 1009, a; 1087, b. 
Syrinx, 1088, a. 
Syssitia, 1088, b. 



T. 

Tabella, 1090, b. 
Tabellariae leges, 1091, a. 
Tabellarius, 1091, a. 
Tabellio, 1091, a. 
Taberna, 285, b ; 1091, a. 

„ diversoria, 258, b. 

„ libraria, 704, b. 
Tabernaculum, 1104, a. 
Tabernaria fabula, 346, b. 
Tablinum, 428, a. 
Tabulae, 131, a; 1091, b. 

„ censoriae, 263, a. 

„ novae, 1092, a. 

„ publicae, 7, a ; 8, a. 

„ votivae, 433, b. 
Tabulam, adesse ad, 172, a. 
Tabularii, 1092, b. 
Tabularium, 1 092, b. 
Tabularius, 7, b. 
Tabulinum, 253, b. 
Taeda, 1093, a. 
Taenia, 1212, b. 
Talaria, 1094, b. 
Talasius, 743, b. 
Talassio, 743, b. 
Talea, 824, b. 
Talentum, 931, b. 
Talio, 1095, a. 
Talus, 1095, a. 
Tapes, 1097, a. 
Tapete, 1097, a. 



Tarentini ludi, 716, b. 
Tarpeia Aternia lex, 685, a. 
Taurii ludi, 716, b. 
Taurus, 150, a. 
Teetor, 870, a. 
Tectores, 1 1 5, b. 
Tectorium opus, 870, a. 
Teda, 1093, a. 
Tegula, 1098, a. 
Tela, 1099, a. 
Telamones, 170, a. 
Temo, 117, b ; 378, b. 
Templum, 176,a; 995,b; 1104, 
a. 

Temporalis actio, 10, b. 
Temporis praescriptio, 955, a. 
Tensae, 1 125, a. 
Tentipellium, 545, b. 
Tepidarium, 1 90, a ; 1 92, b. 
Terentilia lex, 699, a. 
Terentini ludi, 716, b. 
Terminalia, 1112, a. 
Termini, 30, b ; 603, b. 
Terra, 29, a; 132, b. 

„ cariosa, 49, b. 

„ restibilis, 60, b. 
Tertiare, 49, b. 
Teruncius, 141, a; 702, b. 
Tescum, 176, a. 
Tessella, 915, b. 
Tessellarii, 915, b. 
Tessera, 1112, b. 

„ nummaria, or frumen- 

taria, 550, a. 
Tesserula, 1112, b. 
Testa, 534, b. 

Testamentariae leges, 699, b. 

Testamentifactio, 1114, b. 

Testamentum, 1113, a. 

Testator, 1113, a. 

Testis, 11 1 8, b. 

Testudo, 720, b; 1112, a; 

1118, b. 
Tetraphori, 894, a. 
Tetrarcha, 1 1 1 9, b. 
Tetrarches, 1119, b. 
Textores, 1099, a. 
Textrices, 1099, a. 
Textrinum, 1099, b. 
Thargelia, 1120, a. 
Theatrum, 1120, b. 
Thensae, 1125, a. 
Theodosianus codex, 302, b. 
Thermae, 183, b ; 193, b. 
Thermopolium, 233, b ; 258, b. 
Thesmophoria, 1127, b. 
Thorax, 711, a. 
Thoria lex, 699, b. 
Thraces, 576, a. 
Threces, 576, a. 
Thronus, 1 129, a. 
Thyrsus, 1129, b. 
Tiara, 1 1 30, a. 
Tiaras, 1 130, a. 
Tibia, 1130, b. 
Tibicen, 1131, a. 
Tibicinium, 1130, b. 
Tigni immitttendi servitus, 

1031, b. 
Tigno j micro, actio de, 564, b„ 



Tintinnabulum, 1133, b. 
Tirocinium, 1134, a. 
Tiro, 1134, a. 
Titia lex, 700, a. 
Titienses, 875, b; 1155, b. 
Tities, 875, b; 1155, b. 
Titii Sodales, 1134, b. 
Titulus, 253, a; 560, a; 704, b. 
Toculliones, 525, a. 
Toga, 1 134, b. 

„ Candida, 1 137, a. 

„ palmata, 1137, a. 

„ picta, 1 137, a. 

„ praetexta, 1 137, a. 

„ pul l.i. 1 137, a. 

„ pura, 1137, a. 

„ sordida, 1137, a. 

„ virilis, 631, a; 1137, b. 
Togata fabula, 346, b. 
Togatus, 853, b ; 1137, b. 
Tonsor, 1 97, a. 
Topiaria ars, 618, b. 
Topiarius, 619, a. 
Toralia, 674, b. 
Torcular, 958, a; 1137, b. 
Torculum, 1137, b. 
Tormentum, 790, a ; 1 138, b ; 

1139, a. 
Torques, 1 140, a. 

Torquis, 1 140, a. 
Torus, 674, b ; 1140, b. 
Toxicum, 1001, b. 
Trabea, 993, b; 1137, b. 
Trabeata fabula, 346, b. 
Traditio, 821, a. 
Tragoedia, 1 140, b. 

„ crepidata, 3 16, b. 
Tragula, 589, a ; 989, b. 
Tragum, 989, b. 
Tralia, 53, a; 1148, a. 
Trahea, 53, a. 
Trama, 1100, a. 
Tramoserica, 1028, b. 
Transactio in via, 11, a. 
Transfuga, 394, b. 
Transtillum, 721, b 
Transtra, 788, a. 
Transvectio equitum, 437, a ; 

474, b. 
Trebonia lex, 700, b. 
Tremissis, 182, b. 
Trcssis, 141, a. 
Tresviri, 1 167, b. 
Triarii, 495, a; 496, a; 501, b. 
Tribula, 53, a; 11 18, a. 
Tril.ulum, 53, a; 1 148, a. 
Tribulus, 1148, b. 
Tribunal, 253, a ; 1148, b. 
Tribuni coliortiuin, 50-1, a. 

„ milituin,495,b; 503, a. 
Tribunicia lex, 1149, a. 

„ potcslas, 1 1 50, b. 

Tribunal, 1148, b. 

„ celerum, 993, a ; 

1149, a. 
TribiiH (Greek), 1152, b. 

„ ( Roman), 1 1.55, b 
Trilnita romit'm, 1 156, b. 

Tributa ria, 37, b. 
Tribularii, 31 1 , b. 



INDEX. 
Tributoria actio, 1037, b. 
Tributum, 1 1 56, b. 
Tricliniarcliia, 1158, b. 
rriclioium, 1 157, b. 
Tridens, 564, b 
Triens, 140, b. 
Trifax, 1138, b. 
Triga, 379, b. 
Trigon, 919, a. 
Trigonum, 1007, a. 
Trilix, 1 101, b; 1102, b. 
Trimcstris faba, 57, a. 
Trinepos, 310, a. 
Trine])tis, 310, a. 
Trinuin nundinum, 816, b. 
Trinundinum, 816, b. 
Triplicatio, 12, a. 
Tripos 1 162, b. 
Tripudium, 175, b. 
Triremes, 785, a. 
Tritavia, 310, a. 
Tritavus, 310, a. 
Triticum, 54, a. 

„ spelta, 54, b. 

„ trimestre, 54, a. 
Tritura, 53, a. 

Triumpbalia ornamenta, 1167, 
b. 

Triumphalis corona, 361. 
Triumphus, 1163, b. 

„ castrensis, 1 167, a. 

„ navalis 1 167, a. 
Triumviri, 1 167, b. 

„ agro dividundo, 

1 167, b. 

„ capitalis, 1 167, b. 
„ coloniaededucendae, 

1168, a. 

„ epulones, 470, b. 
„ equitum turmas re- 
cognoscendi, or 
legendis equitum 
decurils, 1 168, a. 
„ monetales, 766, a. 
„ nocturni, 1168, a. 
„ reficiendis aedibus, 

1168, a. 
„ rcipublicae constitu- 

endae, 1 168, a. 
„ sacri coliquircndis 
donisquc pcrsig- 
nandis, 1 108, b. 
„ senatus legeiidi, 
1168, b. 
Trochus, 1168, b. 
Trojae ludus, 288, a. 
Tropaeum, 1 1 68, l». 
Trossuli, 472, a. 
Trua, 1 169, b. 

Trulla, 1169, b. 
Trulleuin, 1 170, a. 
Trullissatio, 870, a. 
Truncus, 824, b. 
Trutina, 1 1 70, a. 
Tuba, 1 1 70, b. 
Tubiccn, 22, a. 
Tubilustritim, 983, a. 
Tullia lex de ainliitii, 77, b. - 
„ de lvgalione libera, 
679, n. 



1279 

Tullianum, 240, b; 546, b. 
Tumultuarii, 1171, b. 
Tumultus, 1 171, b. 
Tunica, 57, a; 1171, b. 
Tunicati, 1 174 a. 
Turibulum, 1174, b. 
Turma, 471, a; 497, b. 
Turriciila, 548, b. 
Turris, 1 174, b. 
Tutela, 1176, b. 
Tutelae actio, 1 178, b. 

„ judicium, 1178, b. 
Tutor, 1 176, a. 
Tutulus, 1180, a. 
Tympanum, 100, b; 523, b; 
923, a; 1180, a. 



U. V. 

Vacantia bona, 207, b. 
Vadari reum, 1 1, b. 
Vades dare, 1 1 , b. 
Vadimonium,Vas,l 1, b; 954, b. 
Vagina, 577, a. 
Valeriae leges, 700 b. 
Valeriae et Horatiao leges, 

700, b ; 928, a. 
Valeria lex, 963, b. 
Vallaris corona, 360, b. 
Vallum, 31 , b ; 253, a ; 1 1 83, a. 
Vail us, 1 183, a. 
Valva, 625, b. 
Vannus, 1 183, b. 
Vappa, 1204, b. 
Vari, 989, a. 
Varia lex, 725, a. 
Vas, 954, b; 1183, b. 

„ leve, or purum, 133, a. 
Vatinia lex, 701, a. 
Udo, 1 1 84, a. 

Vectigal rerum venalium, 267, 
a. 

Vectigal ia, J 184, a. 
Vectigal is ager, 43, a ; 458, a. 
Vehes, 1 185, a. 
Velamen, 1 186, a. 
Velarium, 86, a : 1185, b. 
Velarius, 1 185, a. 
Velati, 1 185, a. 
Velites, 496, b; 503, a. 
Velleianum senatusconsultum, 

1027, b. 
Velum, 7i)0, a ; 1 185, a. 

Venabulum, 1 1 86, a. 

Vcnaliciarii, 1010, a. 
Venatia, 1 186, a 
Venditio, 459, a. 
Venelica, 1 189, b. 
Vcneficium, 1 188, n. 
Venefieua, 1189, b. 
Vcnercus jaclus, 1095, b. 
Venter. 1 1 3, b. 
Vcnlilabriiiii, 8 19, a. 
Vcntilatio, 53, a. 
Venus, 1095, l>. 
Ver sacrum, 1189, a. 
Verba no, 1002. a. 
Vcrbenaxius, .*> . • 1 , a. 
Vergiliae, 150, a. 



1280 

Vergilianum sidus, 150, a. 
Verna, 1038, b ; 1040, b. 
Verriculum, 989, b. 
Verso in rem actio, 1038, a. 
Versura, 50, a ; 527, a. 
Versus, 50, a ; 753, a. 

„ quadratus, 47, a. 
Veru, 588, b. 
Vervactor, 49, b, 
Vervaetum, 49, b. 
Verutum, 588, b. 
Vespae, 559, a. 
Vespillones, 559, a. 
Vestalis, 1189, a. 

„ maxima, 1189, b. 
Vestibulum, 427, a. 
Vesticeps, 631, a. 
Veteranus, 499, b. 
Veteratores, 1040, b. 
Veteretum, 57, a. 
Vexillarii, 494, b ; 507, b. 
Vexillum, 507, b ; 1045, b. 
Via sagularis, 253, a. 
Viae, 1191, b. 

„ servitus, 1032, a. 

„ vicinariae, or vicinales, 
253, a. 

Viarialex, 701, a; 1193, a. 
Viaticum, 1 1 95, b. 
Viator, 1195, b. 
Vicarii servi, 1037, b. 
Victima, 499, b. 
Vicesima, 1 1 96, a. 

„ hereditatum et le- 
gatorum, 24, a ; 
1196, a. 
„ manumissionis, 1 1 96, 
a. 

Vicesimaria lex, 1196, a. 
Vicesimarii, 1196, a. 
Vicesimatio, 387, b. 
Vico magistri, 1 1 96, a. 
Vicus, 1196, a. 
Victoriatus, 393, b. 
Vigiles, 510, a. 
Vigiliae, 250, a. 
Vigintisexviri, 1196, b. 
Vigintiviri, 1 1 96, b. 
Villa, 554, a; 1196, b. 

„ publica, 262, a 

„ rustica, 47, a. 
Villia annalis lex, 701, b. 
Villica, 48, a. 



INDEX. 

Villicus, 48, a; 115, b; 1196,b. 

„ amphitheatri, 88, b. 
Vinalia, 1198, a. 
Vindemialis feria, 530, a. 
Vindex, 11, a; 732, a. 
Vindicatio, 9, a; 564, b; 
1198, a. 

„ libertalis, 1033, a. 

„ servitutis, 1032, b. 
Vindiciae, 1198, b. 
Vindicta, 730, a ; 1200, a. 
Vinea, 1200, b. 
Vinum, 1201, a. 
Virga, 1209, a. 
Virgines Vestales, 1189, a, 
Virgo, 1 50, b. 

„ maxima, 1189, b. 
Virgula, 1 209, a. 
Viridarium, 619, a. 
Virilis pars, 880, a. 

„ toga, 631, a ; 1137, a. 
Vis, 1209, a. 

„ et vis armata, 1 209, b. 
Visceratio, 562, a. 
Viscellia lex, 96, a; 701, b. 
Vitelliani, 1 092, a. 
Vitis, 504, b. 
Vitium, 176, b. 
Vitrearii, 1210, b. 
Vitricus, 28, b. 
Vitrum, 1 209, b. 
Vitta, Vittae, 1212, a. 
Vittata sacerdos, 1212, b. 
Vivaria, 69, b. 
Uliginosus campus, 49, b. 
Ulna, 1213, a. 

Ulpianipueri puellaeque, 75, b. 
Ultrotributa, 265, a. 
Umbella, 1213, a. 
Umbilicus, 704, a. 
Umbo, 298, a ; 1 1 36, b ; 1 1 92, 
a. 

Umbraculum, 1213, a. 
Uncia, 140, b ; 1213, b. 
Unciarum fenus, 516, b. 
Unctores, 76, a. 
Unctuarium, 76, a; 190, b. 
Unguenta, 1214, a. 
Unguentaria, 1214, a. 
Unguentariae, 1214, a. 
Unguentarii, 1214, a. 
Universitas, 1214, b. 
Universum, 1076, a. 



Vocatio in jus, 10, b. 

Voconia lex, 676, b : 701, b. 

Volones, 499, a; 1217, a. 

Volsellae, 197, b ; 275, a. 

Volucris, 149, a. 

Volumen, 704, a. 

Voluntarii, 1217, a. 

Volutae, 590, b. 

Vomitoria, 87, b. 

Urceus, 1217, a. 

Urna, 560, a; 979, a; 1048, 

b; 1217, a. 
Urpex, 645, b. 
Ursa major, 147, a. 

„ minor, 147, b. 

„ Moenalis, 147, b. 
Ustrina, 559, b. 
Ustrinum, 559, b. 
Usucapio, 1217, b. 
Usurae, 525, b. 
Usureceptio, 1220, a. 
Usurpatio, 1221, a. 
Usus, 1219, a; 1221, a; 1222, 
a. 

„ auctoritas, 1219, a. 

„ fructuarius, 1221, a. 
Ususfructus, 1221, a. 
Uterini, 309, b. 
Uti possedetis, 643, a. 
Utilis actio, 10, a. 
Utres, 1203, b. 
Utricularius, 1130, b. 
Utrubi, 643, a. 
Vulcanalia, 1222, b. 
Vulgares, 1041, b. 
Uxor, 740, b. 
Uxorium, 26, b. 



X. 

Xystarchus, 581, b. 
Xystici, 1 67, a. 
Xystus, 580, b ; 618, b. 



Z. 

Zona, 1224, b. 
Zonula, 1224, b. 
Zophorus, 325, a; 1225, b. 



ENGLISH INDEX. 



A. 

Actors (Greek) 611, a. 

(Roman), 612, a. 
Adoption (Greek), 14, b. 

„ (Roman), 15, b. 
Advocate, 1084, a. 
Adze, 141, b. 
Altar, 1 16, a; 15.3, b. 
Ambassadors, 677, b. 
Anchor, 791, a. 
Anvil, 634, a. 
Aqueduct, 108, a. 
Arbitrator, 396, b. 
Arch, 124, b; 546, b. 
Archer, the, 151, a. 
Archers, 1002, a. 
Armour, 135, a. 
Arms, 135, a. 
Army (Greek), 481, a. 

„ (Roman), 489, a. 
Arrow, the, 149, b. 
Arrows, 1001, a. 
Astronomy, 1 45, a. 
Auction (sale), 172, a. 
Axe, 1014, a. 
Axle, 378, a. 



B. 

Rail (Greek), 460, b. 

,. (Roman), 11, b. 
Bakers, 921, a. 
Balance, the, 151, a. 
Baldric, 196, a. 
Ball, game at, 543, a ; 918, a. 
Bankers, 1 30, a. 
Banishment (Greek), 513, a. 

„ ( Roman), 515, b. 
Barber, 197, a. 
Basket, 1 98, a. 
Baths (Greek), 184, a. 

„ (Roman), 185, b. 
Bear, the great, 147, a. 

„ the lesser or little, 147, 
b. 

Bear- warden, the, 148, a. 

Beard. 196, b. 

Beds, 673, a; 1140, b. 

Beer, 268, b. 

Bell, 1133, b. 

Bellows, 543, a. 

Belt. 196, a. 

Berenice, the hair of, 154, a. 
Bit (of horses), 518, a. 
Boeotian eonttitution, 201, a. 

Boob, 703, b. 
Bookseller, 701, b. 
Hunts, :J66, a. 

Bottomry, 595, b, 



Bow, 1 26, a. 
Boxing, 974, b. 
Brass, 25, a. 
Brazier, 542, a. 
Breakfast, 304, a. 
Bribery (Greek), 385, b. 

„ (Roman), 77, a. 
Bricks, 668, a. 
Bridge, 936, b. 
Bridle, 548, a. 
Bronze, 25, a. 
Brooch, 531, b. 
Bull, the, 150, a. 
Burial (Greek), 555, b. 

„ (Roman), 560, b. 



c. 

Calendar (Greek), 222, a. 

„ ( Roman), 226, a. 
Cameos, 1010, b; 1 181, a. 
Camp, 244, a. 

,, breaking up of, 251, a; 
256, a. 

„ choice of ground for, 
246, a. 

„ construction of, 246, a. 

,, of Hyginus 251, a 

„ of Po'lybius, 245, b. 
Camp-oath, the, 249, b. 
Candle, 236, a. 
Candlestick, 236, a. 
Canvassing, 76, b. 
Capital (of columns), 324, a. 
Carpets, 1097, a. 
Cart, 923, a. 
Casque, 565, b. 
Ceilings, 432, a. 
Celt, 420, a. 
Censer, 1 1 74, b. 
Centaur, the, 153, b. 
Chain, 957, a. 
Chariot, 378, a ; 476, a. 
Charioteer, the, 149, a. 
Chimney*, 426, a; 432, b. 
Chisel, 420, a. 
Cider, 1 205, b. 
Circumvallation, 1 183, a. 
Citizenship ( Greek), 288, b. 

„ ( Roman), 291, a. 
Claws, the, 151, a. 
Clerks (Athenian), 211, b; 
577, b. 
(Roman), 13, b. 
Clocks, 615, a. 
Coffins, 555, b; 559, b. 
Colony ( Greek). 313, b. 

,, ( Roman), 315, *. 
Column, 323, a. 
Combs, BB1, a. 



Comedy (Greek), 341, b. 

„ ( Roman), 345, b. 
Compass, 283, a. 
Constellations, 145, b. 
Cooks, 305. b. 
Cordage, 790. 
Corn crops, 54, a. 

„ preservation of, 53, b. 
Couches, 671, b. 
Cowl, 372, b. 
Crab, the, 150, b. 
Cretan constitution, 365, a. 
Criers, 951, I). 
Crook, 881, b. 
Crops, 53. 
Cross, 370, b. 
Crow, the, 1 53, b. 
Crown, 359, a. 

„ the northern, 148, b; 
163, a. 

„ the southern, 153, b. 
Crucifixion, 370, b. 
Cubit, 751, b. 
Cup, the, 153, b. 
Cymbal, 370, a; 381, a. 



D. 

Daggers, 975, a; 104 I, 1). 
Dance, the Pyrrhic, 278, b. 
Dancing, 1004, b. 
Day, 408, a. 
Dice, 1 112, b. 
Dice-box, 548, b. 
Dinner, 306, b. 
Dish, 257, b. 
Distaff, 565, a. 
Dithyramb, 1141, a. 
Divorce ( Greek), 418, a. 

„ (Roman), 418, a. 
Dog, the great, 1 52, b. 

„ the little, 152, b. 
Dolphin, the, 149, b. 
Door, 624, b. 
Dowry (Greek), 436, a. 

„ (Roman), 437, a. 
Dragon, the, 148, a. 
Drains, 46, b. 
Draughts, game of, 670, b. 
Drawers, 1075, a. 
Drum. 1 180, a. 
Dynasty, 122, a. 



E. 

Englc, the, 149, b. 
Ear-ring, 632, a. 
Earthenware, 53S, .1. 

Eleven, the, 593, a. 

4 N 



INDEX. 
I. J. 

Imprisonment, 210, a. 
Informer, 388, b. 
Inheritance (Greek), 594, a. 

„ (Roman), 598, a. 
Ink, 1 70, b. 
Inn (Greek), 258, a. 
„ (Roman), 258, b. 
Intaglios, 1010, b; 1181, b. 
Intercalary month, 227, b ; 

228, b; 229. 
Interest of money (Greek), 
524, b. 

„ (Roman), 526, b. 
Isthmian games, 645, b. 
Italy, 318, a. 

Judges (Greek), 369, b ; 401, 
b ; 483, a. 
„ (Roman), 646, b. 



K. 



Meals (Roman), 30C, a. 
Measure, 750, b. 
Measures of land, 46, b. 
Medicine, 745, b. 
Mercenary soldiers, 758, a ; 

1223, b. 
Mile, 762, b. 

Mile-stones, 762, b ; 1193, a. 

Mills, 765, a. 

Mines, 1184, a. 

Mint, 766, a. 

Mirror, 1052, a. 

Money, coined, 808, b. 

„ (Greek), gold, 181, a. 

„ (Roman), „ 182, a. 
Month (Greek), 223. 

„ (Roman), 226, 227. 
Mortars, 768, b. 
Mosaics, 431, a; 915, a. 
Mourning for the dead, 557 

b ; 562, b. 
Moustaches, 780, a. 
Music (Greek), 772, b. 
„ (Roman), 779, b. 



1282 

Ensigns, military, 1044, b. 
Era, 28 1 , b. 
Evil eye, 521, b. 
Executioner, 242, a. 

F. 

Fan, 539, a. 

Felting, 919, b. 

Fences, 47, a. 

Fire-place, 542, a. 

Fish, the southern, 153, b. 

Fishes, the, 151, b. 

Floors of houses, 430, b. 

Foot (measure of length), 

751, b. 
Fresco, 904, a. 
Fringe, 537, a. 
Fuller, 551, b. 
Funerals (Greek), 554, b. 

„ ( Roman), 558, a. 
Furnace, 192, b; 546, a. 



G. 

Gambler, Gaming, 74, b. 
Garden, 618, a. 
Gates of cities, 943, a. 
Girdle, 1224, b. 
Gladiators, 574, a. 
Glass, 1209, b. 
Goat, the, 151, b. 
Gold, 180, b. 
Granary, 618, a. 
Greaves, 822, a. 
Guards, 250, a. 



H. 

Hair (Greek), 328, b. 

„ (Roman), 329, b. 
Hammers, 726, a. 
Hare, the, 152, b. 
Harp, 1007, a. 
Harrowing, 52, a. 
Hatchet, 1014, a. 
Hearth, 542, a. 
Heir (Greek), 594, a. 

„ (Roman), 598, a. 
Heliacal rising, 155, a. 

„ setting, 155, b. 
Helmet, 565, b. 
Hemlock, 593, a. 
Heraclean tablet, 691, a. 
Hinge, 241, a. 
Hoe, 984, b ; 1008, a. 
Hoeing, 52, a. 
Holidays, 528, a. 
Homicide, 896, b. 
Hoop, 1168, b. 
Horse, the little, 149, b. 
Hospitality, 619, a. 
Hour, 614, a. 
House (Greek), 423, b. 

„ (Roman), 426, b. 
Hunting, 1 186, a. 
Hunting-spear, 1186, a. 
Hurdle, 368, b. 



Kids, the, 149, a; 163, a. 

Kiln, 546, a. 

King (Greek), 990, a. 

„ (Roman), 991, a. 
Kitchen, 428, b. 
Kite, the, 154, a. 
Knife, 373, b. 

Knights (Athenian), 266, a. 

„ (Roman), 471, a. 
Knockers, 627, a. 



L. 

Ladders, 788, a; 1009, b. 
Lamps, 713, a. 
Lanterns, 669, a. 
Law, 681, b ; 803, b. 
Legacy, 675, a. 
Legion, 490, a. 
Leguminous crops, 57, a. 
Letter-carrier, 1091, a. 
Levy, 499, a. 
Library, 202, a. 
Light-house, 895, a. 
Link, 553, a. 
Lion, 150, b. 
Litters, 671, b. 
Liturgies, 679, a. 
Looking-glass, 1052, a. 
Loom, 1099, a. 
Lots, 1051, b. 
Luncheon, 306, a. 
Lyre, the, 148, b; 156, b. 



N. 

Names (Greek), 800, a. 

„ (Roman), 800, b. 
Necklaces, 767, b. 
Nemean games, 794, b. 
Nets, 988, b. 

Notary, 1091, a; 1092, b. 



O. 

Oars, 788, a. 

Oath ( Greek), 659, b. 

„ (Roman), 661, b. 
Obelisks, 816, b. 
October-horse, 880, a. 
Officers, duty of, 249, b. 

„ parade of, 250, a. 
Olympiad, 883, a. 
Olympic games, 828, a. 
Oracles, 836, b. 
Orders of architecture, 325 

326, b ; 327, b. 
Organ, 622, b. 
Organist, 622, b. 
Ostracism, 514, a. 
Oven, 546, a. 
Ounce, 1213, b. 



P. 



M. 

Ma.mer.tine, 240, b. 
Manuring, 50, a. 
Marriage (Greek), 735, b. 

„ (Roman), 740, a. 
Masks, 889, b. 
Masts, 1789, a. 
Meals (Greek), 303, a. 



Painting, 899, b. 
Paper, 703, b. 
Parasol, 1213, a. 
Parchment, 703, b. 
Partnership, 1094, a. 
Pay of soldiers, 1071, b, 
Pediment, 7, a. 
Pen, 220, a. 
Perfumes, 1214, a. 
Physicians, 747. 
Pipe, 1130, b. 



Pledges, 915, b. 
Plough, 117, b ; 147, a. 
Ploughing, 49, a. 
Poisoning, 895, a; 1188, a. 
Poles, 789, a. 
Portcullis, 256, b. 
Pottery, 532, b. 
Priests, 99G, b. 
Prison, 240, a. 
Prodigies, 961, a. 
Property-tax (Greek), 448, b. 

„ (Roman), 1157, a. 
Prostitutes, 604, b. 
Prow, 786, a. 
Purification, 719, a. 
Purses, 732, b. 
Pyrrhic dance, 1005, a. 
Pythian games, 976, b. 



Quiver, 894, b. 



R. 

Races, 287, a. 
Rake, 984, b. 
Ram, the, 149, b. 
Raven, the, 153, b. 
Razor, 197, b. 
Reaping, 52, b. 
Rings, 95, a. 
Road, 1 191, b. 
Rope-dancers, 553, a. 
Ropes, 996, a. 
Rounds, 250, b. 
Rudder, 788, b. 



S. 

Sacrifices, 998, b. 
Saddles, 464, a. 
Sails, 790, a. 
Salary, 1002, b. 

Salt, 1003, b. 

Salt-cellar, 1004, b. 
Salt-works, 1003, b. 
Sandal, 200, b; 1051, b. 
Saw, 1029, a. 
Scales, 706, a. 
Scorpion, the, 151, a. 
Screw, 30O, b. 
Scythe, 518, a. 

Senate (Greek ), 209, b ; 572, a. 

„ (Roman), 1016, a. 
Sentinels, 250, a. 
Serpent-holder, the, 149, a. 
Shawl, KM I, l». 
■Shears, 545, a. 



INDEX. 
Shields, 297, a ; 870, a ; 882, 

b; 10)2, b. 
Ships, 7R3, a. 
Shoe, 220, b ; 456, a. 
Shops, 1091, b. 
Sibyl, 1043, b. 
Sickle, 518, a; 1044, b. 
Signs, northern, 147, a. 

„ of the Zodiac, 149, b. 
Silk, 1028, a. 
Silver, 1 32, a. 
Slaves (Greek), 1034, a. 

„ (Roman), 1036, b. 
Sleeve, 729, a. 
Sling, 553, b. 
Slingers, 553, b. 
Snake, the, 149, a. 
Sowing, 51, a. 
Spade, 848, b. 
Span, 751, b ; 1053, b. 
Spartan constitution, 570, a. 
Spear, 587, a. 
Speusinians, 391, b. 
Spindle, 565, a. 
Sponge, 905. a. 
Standards, military, 1044, b. 
Stars, fixed, 154, b. 
Statuary, 1058, a. 
Step, 577, a. 
Stern, 787, a. 
Stoves, 432, b. 
Sun-dial, 615, a. 
Surgery, 272, a. 
Swan, the, 149, a. 
Sword, 577, a. 



T. 

Tables, 749, b. 

Talent, 931, b; 932; 933; 

935, a. 
Tapestry, 1097, a. 
Tassel, 537, a. 

Taxes(Greek),448,b; 1103,a. 
„ (Roman), 1156, b; 1184, 
a. 

Temple, 1104, a. 

Testament, J 1 13, a. 

Theatre. 1120, b. 

Theft, 300, a ; 562, a. 

Thcssalian constitution, 1093, a. 

Thrashing, 53, a. 

Threshold, 624, b. 

Throne, 1 129, a. 

Thrum, 537, a. 

Tiles, roofing, 1098, a. 

Tombs, 556, a ; 557, b ; 561. 

Tooth-powder, 394, a. 

Torch, 524, a. 

Torture, 1139. 

'lower, 117 1, b. 



1283 

Tragedy (Greek), 1140, b. 

„ (Roman), 1 147, a. 
Treaty, 542, b. 
Triangle, the, 149, b. 
Tribes (Greek), 1152, b. 

„ (Roman), 1155, b. 
Tribunes, 1148, b. 
Trident, 564, b. 
Tripod, 1162, b. 
Trophy, 1 1 68, b. 
Trousers, 213, a. 
Trumpet, 215, a; 709,b; 1170, 

b. 

Tumblers, 1005. 
Twelve Tables, 688, a. 
Twins, the, 150, b. 



U. V. 

Vase-painting, 906, b. 

Veil, 1186, a. 

Vinegar, 1205, b. 

Virgin, the, 150, b. 

Umpire, 391, b. 

Voting (Greek), 217, a; 971, a. 

„ ( Roman), 336, a ; 1076, 

b. 

Usurers, 525, a. 

W. 

Waggon, 923, a. 

the, 147, b. 
Waggoner, the, 148, a. 
Wain, Charles's, 147, a. 
.Wall, 431, b; 968, a. 
Waterman, the, 151, b. 
Watersnake, the, 153, b. 

Waters tr earn, the, 151, b. 

Weaving, 1099, a. 

Weeding, 52, a. 

Whale, the, 152, a. 

Wheel, 378, a; 532, b; 1 180, b. 

Whip, 539, b. 

Wills, 1113, a. 

Window, 426, a; 432, a. 

Wine, 1201, a. 

Winnowing, 53, a. 

Witnesses (Greek), 732, b. 

„ ( Roman), 659, b. 
Wolf, the, 153, b. 
Wrestling, 713, b. 

Y. 

Yards of a sail, 789, |>. 
Year (Greek), 222, a. 

„ ( Roman), 226, a. 

„ division of, 163, b. 
Yoke, 652, a. 



4 n 2 



CLASSIFIED INDEX. 



Under each head the names of the articles are given in which the subject is explained. 



Agriculture. 
Agrieultura. 
Hortus. 
Olea, oliva. 
Oscillum. 
Scamnum. 
Sitos. 

Villa rustica. 
Vinum. 
Agricultural Implements. 
Aratrum. 
Crates. 
Irpex. 

Jugum, 3. 7. 

Pal a. 

Pecten. 

Pedum. 

Plaustrum. 

Prelum. 

Rastrum. 

Rutrum. 

Sarculum. 

Sarracum. 

Stilus, 3. 

Tintinnabulum. 

Torculum. 

Tribula. 

Tympanum. 

Vannus. 

Vehes. 

Amusements and Playthings. 
Abacus, 5. 
A enigma. 
A lea. 

Ascoliasmus. 
Buxum. 
Calculi. 
Cottabos. 
Follis. 
Fritillus. 
Latrunculi. 
Par impar ludere. 
Talus. 
Tessera. 
Trochus. 
Architecture. 

Abacus, 1, 2. 7, 8. 

Acroterium. 

Analemma. 

Antae. 

Antefixa. 

Antepagmenta. 

Apsis. 

Architectura. 
A reus. 



Architecture — continued. 
Astragalus. 
Atlantes. 
Atticurges. 
Balteus. 
Camara, 1. 
Canalis. 
Canterii. 
Chalcidicum. 
Cochlis. 
Columbaria, 3. 
Columen. 
Columna. 
Coronis. 
Cortina, 4. 
Crypta, 1. 
Cyma. 
Entasis. 
Epistylium. 
Fascia. 
Fastigium. 
Harpaginetuli. 
Helix, 1. 
Janua. 
Jugum, 1. 
Later. 

Maenianum. 

Metopa. 

Modulus. 

Peristylium. 

Plinthus. 

Podium. 

Porticus. 

Spira. 

Testudo, 3. 

Tholus. 

Tympanum. 

Zophorus. 
Arithmetic. 

Abacus, 4. 

Calculi. 
Armour and Weapons. 

Acinaces. 

Aegis. 

Arcus. 

Arma. 

Armatura. 

Capulus. 

Cateia. 

Cetra. 

Clipeus. 

Dolo. 

Funda. 

Galea. 

Gerrha, 



Armour, &c continued. 

Gladius. 
Habenae, 2, 3. 
Hasta. 

„ Lancea. 

„ Pilum. 

„ Verutum. 

„ Gaesum. 

„ Sparus. 

„ Jaculum. 

„ Spieulum. 

„ Sarissae. 

„ Framea. 

„ Falarica. 

„ Matara. 

„ Tragula. 
Lorica. 
Ocrea. 
Palma. 
Pelta. 
Pharetra. 
Pugio. 
Sagitta. 
Scutum. 
Securis. 
Sica. 

Venabulum. 
Assemblies and Councils. 
Agora. 

Amphictyones. 

Areiopagus. 

Boule. 

Comitia calata. 

„ curiata. 

„ centuriata. 

„ tributa. 
Concilium. 
Concio. 
Conventus. 
Curia. 
Ecclesia. 
Eccleti. 
Gerousia. 
Myrii. 
Panegyris. 
Panionia. 
Senatus. 
Synedri. 
Astronomy. 

Astrologia. 
Astronomia. 

Northern constella- 
tions. 
Zodiacal signs. 

Southern constellations. 





INDEX. 




Astronomy — continued. 


Classes of Citizens. &c. — cont. 


Dress, &c. — continueit 


Planetae. 


Patrimi et Matrimi. 


Baxa. 


Pol us. 


Pecuarii. 


Birr us. 


Camps and Forts. 


Perioeci. 


Braccae. 


Acropolis. 


Plebes. 


Bulla. 


Agger. 


Quadruplatorcs. 


Calamistrum. 


Arx. 


Salutatores. 


Calceus. 


Carrago. 


Colonies and Mother Coun- 


Caliendrum. 


Castra. 


try. 


Campa-rus. 


„ stativa. 


Apoikia. 


Campestre. 


Pagi. 


Clerucbiae. 


Candys. 


Praetorium. 


Colonia. 


Capitium. 


Turris, 1. 


Metropolis. 


Caracalla. 


Vallum. 


Crimes. 


Catena. 


Charities and Donations. 


Abortio. 


Causia. 


Adunati. 


Adulterium. 


Cestus, 2. 


Alimcntarii. 


Ambitus. 


Cblamys. 


Congiaria. 


Calumnia. 


Clavus latus. 


Dianomae. 


Falsum. 


„ angustus. 


Donaria. 


Furtum. 


Coma. 


Frumentariae Leges. 


I DcendiuoL 


Cothurnus. 


Strena. 


Injuria. 


Crepida. 


Civil Punishments. 


Latrocinium. 


Crocota. 


Area, 4. 


Leges Comeliae et Juliac. 


Cucullus. 


Barathron, or Orugma. 


Leno, Lenocinium. 


Cudo. 


Career. 


Majcstas. 


Cyclas. 


Ceadas. 


Parricidium. 


Dactyliotheca. 


Crux. 


Perjurium. 


Dentrificium. 


Equuleus. 


Phonos. 


Diadema. 


Ergastulum. 


Plagium, 
liapina. 


Diplithera. 


Fidicula. 


Embas. 


Flagrum. 


Sacrilcgium. 


Emblema. 


Furca, patibulum. 


Sodalitium. 


Endromis. 


Habenae, 5. 


Stuprum. 


Exomis. 


La(jueus. 


Talio. 


Fascia. 


Latumiae. 


Veneficium. 


Feminalia. 


Sestertium. 


Vis. 


Fibula. 


Classes of Citizens and 


Division of Land. 


Fimbriae. 


others. 


Ager privatus. 


Flabelltun. 


Adlecti, 1. 


„ publicus. 


Focale. 


Aerarii. 


,, sanctus. 


Fucus. 


Agela. 


Cippus, 2. 


Galerus. 


Alimcntarii. 


Pvrcos. 


Habenae, 4. 


Arctalogi. 


Temenos. 


Inauris. 


Camilli. 


Drama, Dramatic Enter- 


Incunabula. 


Canephoros. 


tainments. 


lnfula. 


Deditieii. 


Comoedia. 


Instita. 


Delator. 


Exodia. 


Lacerna. 


Demopoictos. 


Exostra. 


Laciniae. 


Demos. 


I lyporchemc. 


Laena. 


Eiren. 


Mimus. 


Lemniscus. 


Emphruri. 


Pantomimus. 


Limbus. 


Epcunactac. 


Pcriactos. 


Lope, 


Ephcbus. 


Persona, I. Tragic. 


Manica. 


Ei|uites. 


„ 2. Comic. 


Mantele. 


Eupatridac. 


Siparium. 


Marsupium. 


Gcomori. 


Tliiatrum. 


Mitra. 


Hcctcmorii. 


Tragocdia. 


Mouile. 


I Ictaerae. 


Velum* 


Mustax. 


Ilippobotac. 


Drfss, Ornaments, the 


Nebris. 


I lomoei. 


'I'oilet. 


Nodus. 


I.ibertus. 


A holla. 


Nudu.i. 


Loenpletca. 


Aliculn. 


Orari utn. 


Metocci. 


Amictorium. 


P.ieimla. 


Naucraria. 


A in ictus. 


Pallium. 


Mobiles. 


Ampyx. 


Paraguuda. 


Ordu. 


Annuliu. 


Pectcii. 


Parasiti. 


Apex. 


Ptllk 


I'nrtlii'iiiae. 


Armilla. 


IVplum. 


I'.itricii. 


Barba. 


IV.a. 



I K 3 



1286 



INDEX. 



Dress, &c. — continued. 
Periscelis. 
Pero. 
Phalera. 
Pileus. 

Redimiculum. 

Reticulum. 

Ricinium. 

Saecus. 

Sandalium. 

Serta. 

Soccus. 

Solea. 

Stola. 

Strophium. 

Subligaculum, succ'mcto- 
rium. 

Synthesis. 

Tiara. 

Toga. 

Torques. 

Tunica. 

Tutulus. 

Udo. 

Velum. 

Vitta, 1. 

Umbraculum. 

Unguenta. 

Zona. 
Engineering. 

Aquaeductus. 

Chorobates. 

Cloaca. 

Crypta, 2. 

Emissarium. 

Fistula. 

Fons. 

Herones. 

Librator aquae. 

Murus, moenia. 

Naval ia. 

Pharos. 

Piscina. 

Pons. 

Porta. 

Syrinx. 
Engraving and Chasing. 

Caelatura. 
Entertainments, Food. 

Apophoreta. 

Calida. 

Cerevisia. 

Coena. 

Commissatio. 
Erani. 
Opsonium. 
Paropsis. 
Posca. 
Sportula. 
Symposium. 
Syssitia. 
Vinum. 
Epochs and Divisions of 
Time. 

Calendarium, 1. Greek. 

,, 2. Roman. 
Chronologia. 
Clavus annalis. 
Dies. 

„ fasti et ncfasti. 



Epochs, &c. — continued. 
Fasti. 

„ sacri, or kalendares. 

„ annales, or historici. 
Feriae. 
Hora. 

Horologium. 
Lustrum. 
Nundinae. 
Olympias. 
Saeculum. 
Exercises. 

Campidoctores. 

Ceroma. . 

Cestus. 

Cheironomia. 

Desultor. 

Discus. 

Gymnasium. 

Hal teres. 

Harpastum. 

Hippodromus. 

Lucta, luctatio. 

Palaestra. 

Palus. 

Pancratium. 
Pentathlon. 
Petaurum. 
Pila. 

Pugilatus. 
Saltatio. 
Festivals, Games, and Shows. 
Actia. 
Adonia. 
Aeaceia. 

Aeginetarum feriae. 

Aeora. 

Agonalia. 

Agones. 

Agiaulia. 

Agrionia. 

Agroteras thusia. 

Alaea. 

Alcathoea. 

Aloa or haloa. 

Amarynthia. 

Ambrosia. 

Amphiaraia. 

Amphidromia. 

Anagogia. 

Anakeia. 

Anaxagoreia. 

Androgeonia. 

Anthesphoria. 

Antinoeia. 

Apaturia. 

Aphrodisia. 

Apollonia. 

Ariadneia. 

Armilustrium. 

Arrhephoria. 

Artemisia. 

Asclepieia. 

Augustales. 

Bendideia. 

Boedromia. 

Boreasmus. 

Brasideia. 

Brauronia. 

Cabeiria. 



Festivals, &c. — continued. 
Callisteia. 
Carmentalia. 
Carneia. 
Carya. 
Cerealia. 
Chalceia. 
Chalcioikia. 
Charistia. 
Chelidonia. 
Chitonia. 
Choeia. 
Chthonia. 
Compitalia. 
Consualia. 
Cotyttia. 
Daedala. 
Daphnephoria. 
Decennalia. 
Delia. 
Delphinia. 
Demetria. 
Diasia. 
Dictynnia. 
Diipoleia. 
Diocleia. 
Dionysia. 
Dioscuria. 
Elaphebolia. 
Eleusinia. 
Eleutheria. 
Ellotia. 
Ephesia. 
Equiria. 
Erotia. 
Floralia. 
Fornacalia. 
Gymnopaedia. 
Heraea. 
Hermaea. 
H estiasis. 
Hilaria. 
Hyacinthia. 
Inoa. 
Isthmia. 
Juvenalia. 
Lampadephoria. 
Laphria. 
Larentalia. 
Lectisternium. 
Lemuralia. 
Leonideia. 
Lernaea. 
Ludi. 

[/» the text an alphabeti- 
cal list of the principal 
ludi is given.] 

Lupercalia. 

Lycaea. 

Matralia. 

Matronalia. 

Meditrinalia. 

Megalensia. 

Menelaeia. 

Metageitnia. 

Munychia. 

Museia. 

Mysia. 

Mysteria. 

Nemea. 



INDEX. 



1CS7 



Festivals, &c. — continued. 

Neptunalia. 

Novendiale. 

Olympia. 

Opalia. 

Oschophoria. 

Palilia. 

Pamboeotia. 

Panathenaea- 

Pandia. 

Panellenia. 

Plynteria. 

Poplifugia. 

Fortumnalia. 

Poseidonia. 

Prometheia. 

Protrygaea. 

Pyanepsia. 

Pythia. 

Quinquatrus. 

Quinquennalia. 

Quirinalia. 

Regifugium. 

Ilobigaha. 

Saturnalia. 

Septimontium. 

Sthenia. 

Synoikia. 

Terminalia. 

'Dialysia. 

Thargelia. 

Thcopbania. 

Theseia. 

Tbetmophoria. 

Tithcnidia. 

Vinalia. 

Yulcanalia. 
Forms ok Government. 

Aristocratia. 

Democratia. 

Monarchia. 

Ochlocratia. 

Oligarcbia. 
Funerals. 

Area, 3. 

Ccnotapliium. 

Cippus, !. 

Columbarium, 1 . 

Crypta, 8. 

Funus, I. Greek. 
„ 2. Roman. 

Mausoleum. 

Urn a. 
Furniture. 

Abacus, 0. 

Accubita. 

A rca, 1 . 

Armarium. 

Hal nea. 

Cathedra, 

Conope u m. 

Cortina, :!. 
Incitcga. 

I.I'CtUS. 

Mema. 
Plutcus, :!, 4. 
I'ulvinnr. 
Scnmniim. 
Mb, I, 4. 
Speculum. 



Furniture — continued. 

Thronus. 

Torus. 

Triclinium. 

Tripos, 1. 
Greek Law. 

Adeia. 

Adoptio. 1. 

Adulterium. 1. 

Agrapliiou graplie. 

Agraphou metallou 
graphe. 

Aikias dike. 

Alogiou graphe. 

Amphiurkia, or amplio- 
mosia. 

Anagoges dike. 

Anakrisis. 

Anaumachiou graplie 

Androlepsia. 

Antidosis. 

Antigraphe. 

Aphormes dike. 

Apographe. 

Apokeruxis. 

Apoplnsis. 

Aporrbeta. 

Apostasiou dike. 

Appellatio. 

Aprostasiou dike. 

Argias graphe. 

Arguriou dike. 

Asebeias graplie. 

Astrateias graphe. 

Atcleia. 

Atimia. 

Automolias graphe. 
Axones. , 
Bebaioseos dike. 
Iiiaiuu dike. 
Blabcs dike. 
Bouleuseos dike. 
Cakegorias dike. 
Cakosis. 

Cakotechnicou dike. 
Carpou dike. 
Cataluseos tou demou 

graphe. 
Catascopes graphe. 
Chreous dike. 
Civ has, politeia. 
Cleteres. 
Clopcs dike. 
Concubina. 
Curius. 
Decasmus. 
Diadicavia. 
Diaetctac. 
Dinpsepbisis. 
Dicosterion. 
Dicavtcs. 
Dike. 

Divortium. 

Dokiinasia. 

Do*. I. 

Ecmnrtyria. 

Kisangelia. 

Kmbatein. 

Kmmeni dikae. 

Enctfria 



Greek Law — continued. 
Endeixis, ephegesis. 
Enecliyra. 
Engye. 

Enoikiou dike. 

Epangelia. 

Epibole. 

Epiclerus. 

Epitropus. 

Epobelia. 

Euthyne. 

Exagoges dike. 

Exaireseos dike. 

Exomosia. 

Exsilium, 1. 

Fenus, 1. 

Gamelia. 

Graphe. 

Ilarpages graphe. 
Heirgmou graphe. 
Heres, 1. 

Hetaireseos graphe. 
Ilieromenia. 
Hierosvlias graphe. 
Hori. 

Ilvbreos graphe. 
Ilvpoboles graphe. 
Jusjurandum, 1. 
I.eiponautiou graphe. 
Prodosia. 

Proeisphoras dike. 
Prostates tou demou. 
Frothcsmia. 
Psepbus. 

Pseudengrnphes graplie. 

Pseudoeleteias graphe. 

Hhetorice graphe. 

Hhetrae. 

Scyria dike. 

Seisachtheia. 

Sitou dike. 

Sycophantes. 

Sylae. 

Symbolaeon. 
Symbolon, dikae apo. 
Syndicus. 
Synegorus. 
Syngraplie. 
Timcma. 
Tormentum, 1. 
Traumatos ek pronoias 

graphe. 
Xcnias graphe, 

IIoRSK 1'lKMTirilK. 

Calcar. 
Ephippium. 
. Frcnum. 
Ilibcnac, 1. 
I lippopcrnc. 
Income, Puiii.ii' am> Private. 
Aes iixnriutn. 
Apopbora. 
Area, 2. 
Aurum luitrale. 
( 'eiisus. 
CantMnna, 
Coliiinuariiim. 
1 )ccumne. 

I lemioprata. 
Eicosle. 

4 H I 



1288 



INDEX. 



Income, &c. — continued. 

Eisphora. 

Epidoseis. 

Fiscus. 

Ostiarium. 

Pentecoste. 

Phoros. 

Portorium. 

Quadragesima. 

Quinquagesima. 

Salarium. 

Salinae. 

Scriptura. 

Stationes fisci. 

Stipendiarii. 

Telones. 

Telos. 

Theorica. 

Tributum. 

Vectigalia. 

Vicesima. 
Insignia and Attributes 

Caduceus. 

Cantabrum. 

Fasces. 

Insignia. 

Sceptrum. 

Talaria. 

Thyrsus. 

Virga. 
Leagues. 

Achaicum Foedus. 

Aetolicum Foedus. 

Socii. 
Literature. 

Commentarius. 

Fescennina. 

Logographi. 

Paean. 

Satura. 

Machines and Contrivances. 
Antlia. 
Cardo. 
Catena. 
Clitellae. 
Cochlea. 

Columbarium, 2. 

Ephippium. 

Exostra. 

Fereulum. 

Fistula. 

Follis. 

Forma. 

Fornax. 

Helix, 2. 

Jugum, 2. 

Libra, Libella. 

Machinae. 

Mola, 1. hand mill. 

„ 2. cattle mill. 

„ 3. water mill. 

„ 4. floating mill. 

„ 5. saw mill. 

„ 6. pepper mill. 
Mortarium, pila. 
Pegma. 
Phalangae. 
Retis, Rete. 
Scalae. 
Tela. 



Machines, &c. — continued. 

Tintinnabulum. 

Torculum. 

Trutina. 
Magistrates and Rulers. 

Acta, 1. 5. 

Adlecti. 

Aeinautae. 

Aesymnetes. 

Alabarches. 

Amphictyones. 

Archon. 

Areiopagus. 

Bidiaei. 

Boetarches. 

Boule. 

Censor. 

Centumviri. 

Colacretae. 

Consul. 

Consularis. 

Cosmi. 

Decaduchi. 

Decarchia. 

Decemviri legibus scriben- 
dis. 

„ litibus judican- 
dis. 

„ sacris faciundis. 
„ agris dividun- 
dis. 

Demarchi. 

Demiurgi. 

Dictator. 

Duumviri. 

Eisagogeis. 

Ephetae. 

Ephori. 

Epimeletae. 

Eponymus. 

Gerousia. 

Gynaeconomi. 

Harmostae. 

Hendeka, hoi. 

H ieromnemones. 

Illustres. 

Interrex. 

Magistratus. 

Medix tuticus. 

Nomophylaces. 

Paedonomus. 

Patronomi. 

Perduellionis duumviri. 

Phylarchi. 

Phylobasileis. 

Polemarchus. 

Poletae. 

Poristae. 

Praetor. 

Probouli. 

Proconsul. 

Rex, 1. Greek. 

„ 2. Roman. 
Senatus. 
Tetrarches. 
Tribuni plebis. 
Tribunus. 
Triumviri. 
Tyrannus. 
Vigintisex viri. 



Manufactures and Materi- 
als. 

Byssus. 

Cilicium. 

Coa vestis. 

Elephas. 

Fictile. 

Gausapa. 

Lodix, lodicula. 

Salinae. 

Sericum. 

Serta. 

Tapes, tapete. 
Vitrum. 
Manners and Customs. 
Acclamatio. 
Acta. 
Amnestia. 
Anakleteria. 
Angaria. 
Cheirotonia. 
Chelidonia. 
Chirographum. 
Corona convivialis. 

„ nuptialis. 

„ natalitia. 

„ longa. 

„ Etrusca. 

„ pactilis. 

„ tonsilis. 

„ pampinea. 
Crypteia. 
Diploma. 
Hospitium. 
Hydriaphoria. 
Immunitas. 

Jusjurandum, 1, Greek. 

„ 2. Roman. 

Leiturgia. 

Matrimonium, 1. Greek. 

„ 2. Roman. 

Nomen. 
Nudus. 
Proscriptio. 
Prytaneium. 
Suffragium. 
Synoikia. 
Syssitia. 
Tabella. 

Tribus, 1. Greek. 

„ 2. Roman. 
Trierarchia. 
Venatio. 
Viaticum. 
Xenelasia. 
Maritime Affairs. 
Camara, 2. 
Carchesium, 2. 
Cataphracti, 2. 
Corbitae. 
Cymba. 
Delphis. 
Dolo, 2. 
Epibatae. 
Epistoleus. 
Harpago. 
Hyperetes. 
Insignia, 5. 
Jugum, 6. 
Lembus. 





J A L) L. A. 


1 £89 


Maritime Affairs — continued. 


Measures, &c. — continued. 


Military Pay, &c. — continued. 


Navarchus. 


Sextarius. 


Stipendium. 


Navis. 


Spithame. 


Military Punishments. 


Naumachia. 


Stadium, 2. 


Decimatio.' 


Paralus. * 


Ulna. 


Deilias graphe. 


Ph&selus. 


Uncia. 


Desertor. 


Portisculns. 


Urna. 


Fustuarium. 


Praefectus classis. 


Xestes. 


Military Rewards. 


Kemulcum. 


Medicine. 


Aurum coronarium. 


Rudens. 


Archiater. 


Corona ohsidionalis. 


Makkets. 


Chirurgia. 


„ civica. 


Agora. 


Diaetetica. 


„ navalis. 


Deigma. 


latralipta. 


„ muralis. 


Emporium. 


Iatrosophista. 


„ castrensis, vallaris. 


P'orum. 


Medicina. 


„ ovalis. 


Macellum. 


Medicus. 


„ oleagina. 


Mathematical Geography. 


Metals. 


Hasta pura. 


Clima. 


Aes. 


Ovatio. 


Measures and Weights. 


Argentum. 


Praeda. 


Acaena. 


Aurum. 


Spolia. 


Acetabulum. 


Electrum. 


Triumphus. 


Achane. 


Metallum. 


Tropaeum. 


Acna, or Acnua. 


Orichalcum. 


Money. 


Actus. 


Military Costume. 


Aes. 


Addix. 


Abulia. 


„ circumforaneum. 


Amma. 


Alicula. 


„ manuarium. 


Amphora. 


Palteus. 


Argentum 


Artaba. 


Bulla. 


As. 


Ann. 


Caliga. 

Paludamentum. 


Assarius nummus. 


As. 


Aurum. 


Cheme. 


Sagum. 


Chalcus. 


Choenix. 


Military Encines. 


Cistophorus. 


Chous. 


Aries. 


Daraarction. 


Concha. 


Catapulta. 


Dan ace. 


Congius. 


Cataracta. 


Daricus. 


Cot via. 


Corvus. 


Denarius. 


Cubitus. 


Covin us. 


Drachma. 


Cubus. 


Crates. 


Hecte, 2. 


Culcus. 


Cuniculus. 


Libclla. 


Cyalhus. 


Ericius. 


Litra. 


Dactylus. 


Hele|iolis. 


Nummus. 


Decempcda. 


Lupus ferreus. 


O bolus. 


Gradus. 


Pluteus, 2. 


Sestertius. 


Hecte, I. ' 


Scalae. 


Sex tula. 


Hemina. 


Stylus, 2. 


Stater. 


Hippicon. 


Testudo, 3. 


Uncia. 


Jugcrum. 


Tormentum. 


Music a.nd Musical Instru- 


Libra, as. 


Tribal ua, 


ments. 


Ligula. 


Turns, 2. 


Acroama. 


Litra. 


Vinca. 


Acneatores. 


Maris. 


Military Ensigns. 


liuccina. 


Mcdimnus. 


Signa Militaria. 


Canticum. 


Mcnsura. 


Military Levies. 


Capistrum. 


Mctrctcs. 


Catalogus. 


Chorus. 


Milliare. 


Conrjuisitores. 


Cornu. 


Modi us. 


Euiphruri. 


Crotalum. 


Mystrum. 


EparitL 


Cymbalum. 


Obelus. 


Tumultu*. 


I lyilraula. 


Orgyia. 


Military M a ncf. u v r r.s. 


Jugum, 4. 


Palmipcs. 


Cuneus. 


Liluus, 2. 


1 'aim us. 


l'orfex. 


Lyra. 


Parasanga. 


Testudo. 


Musica, 1. Greek. 


Passu*. 


Military Pay ami Allow- 


„ 2. Roman. 


Pertica. 


ance*. 


Pecten. 


Pes. 


Acta. 


Sandmen. 


Plcthron. 


Aes cquestrc. 


Si.itrum. 


Pondera. 


„ hordearium. 


Syrinx. 


Quadrantal. 


„ militarc. 


TwtudO) l . 


Schocniix. 


I'r.ieila. 


Tibia. 


Scrtipulum. 


BpolimL 


Tub.i. 



1290 


INDEX. 




Music, 8cc. — continued. 


Painting — continued. 

Purple; purpurissum. 


Private Buildings — continued. 


Tympanum. 


Domus coenacula. 


Officers and soldiers. 


„ ostrum. 


„ diaeta. 


Accensi, 2. 


„ hysginum. 


„ solaria. 


Aeneatores. 


„ rubiae radix. 


Exedrae. 


Agathoergi. 


Red : cinnabaris. 


Focus. 


Ala. 


„ „ Indica. 


P'ornax. 


Alauda. 


minium. 


Fornix, 


Antecessores. ' 


„ rubrica. 


Hemicyclium. 


Argyraspides. 


„ cicerculum. 


Janua, 


Camp i doc tores. 


cerussa usta. 


Insignia, 4. 


Catalogus. 
Cataphracti. 


sandaracha. 


Lararium. 


White : melinum. 


Later. 


Celeres. 


„ paraetonium. 


Paries cratitius. 


Conquisitores. 


„ crcta anularia. 


„ formaceus. 


Contubernales. 


„ cerussa. 


„ lateritius. 


Damosia. 


Yellow : sil. 


,, reticulata struc- 


Dimachae. 


aunpigmentum. 


tura. 


Ducenarii. 


Pictura. 


structura antirjua. 


DuplariL 


Priests and Priestly Offices. 


,. emplecton. 


Epariti. 


Aeditui. 


„ e lapide quadrato. 


Evocati. 


Agyrtae. 


Pergula. 


I^xcubi tores. 


Arvales fratres. 


Pinacotheca. 


Jjxercitus, 1. trreek. 


Asiarchae. 


Pluteus, 1. 


,, 2. Roman. 


Augur, auspex. 


Puteal. 


Libratores. 


Augustales. 
Corybantes. 


Scalae. 


IVIensores, 2, 3, 5. 


Synoikia. 


]\f ercenarn. 


Curio. 


Taberna. 


Phylarchi. 


Epulones. 


Tegula. 


Praefectus castrorum. 


Eumolpidae. 


Triclinium. 


„ praetorio. 


Exegetae. 


Villa. 


Praetor. 


Fetiales. 


Purlic Buildings. 


Praetoriani. 


Flamen. 


Aerarium. 


Rufuli. 


Uralil. 


Amphitlieatrum. 


Strategus. 


Haruspices. 


Archeion. 


Tagus. 


Hiereis ton soteron. 


Arcus triumphalis. 


Taxiarchi. 


Luperci. 


Argyrocopeion. 


Tiro. 


Neocori. 


Athenaeum. 


Velati. 


Pastophori. 


Auditorium. 


Volones. 


Pausarii. 


Balneae. 


Xenagi. 


Jrontitex. 


Basilica, chalcidicum. 


Oracles and Divination. 


Rex saeriflculus. 


Bibliotheca. 


Augurium, auspicium. 
Caput extorum. 


Sacerdos. 


Career, 2. 


Salii. 


Chalcidicum. 


Oraculum, I . of Apollo. 


Theori. 


Circus. 


„ 2. of Zeus. 


Titii sodales. 


Cochlea, 3. 


„ 3. of other 


Vestales. 


Curia. 


gods. 


Private Buildings. 


Eorum. 


„ 4. of heroes. 


Aithousa. 


Graecostasis. 


,, 5. of the dead. 


Apotheca. 


Hippodromus. 


„ 6. Italian. 


Armarium. 


Horreum. 


Sibyllini Libri. 


Atrium. 


Labyrinthus. 


Sortes. 


Bibliotheca. 


Ijautumiae. 


Painting. 


Caupona. 


Lesche. 


Colores. 


Cella. 


Moneta. 


Black : atramentum. 


Cubiculum. 


Museum. 


„ elephantinum. 


Domus, 1. Greek. 


Obeliscus. 


„ tryginum. 


„ 2. Roman. 


Odeum. 


Blue : caeruleum. 


„ vestibulum. 


X^aradisus. 


„ lomentum 


„ ostium. 


l^orticus. 


„ tritura. 


„ atrium. 


Prytaneion< 


„ Annenium. 


„ alae. 


Rostra* 


,, Indicum. 


„ tablinum. 


fit ii H mm 


Brown : ochra usta. 


„ fauces. 


Suggestus. 


Green : chrysocolla. 


,, perystylum. 


X'abularium. 


„ aerugo. 


„ cubicula. 


Thesaurus, 


,, scolecia. 


„ triclinia. 


Tribunal. 


1 heodotion. 




Public Officers. 


„ Appianum. 


„ exedrae. 


Accensi, 1. 


„ creta viridis. 


„ culina. 


ActuariL 



INDEX. 



1291 



Public Officers — continued. Public Officers — continued. Roman Law — continued. 



Adlecti, 2. 




Stratores. 


Colonia, 2. 


Adlector. 




Svllogeis. 


Commissoria lex. 


Admissionales. 




TabeUia 


Commissum. 


Aediles. 




Tabularii. 


Commodatum. 


Agatboergi. 




Tamias. 


Communi dividundo actio. 


Agonothetae. 




Teichopoeus. 


Compensatio. 


Agoranomi. 




Tettaraconta, hoi. 


Concubina. 


Agrimensores. 




Theori. 


Confessoria actio. 


Agronoini. 




Trierarchia. 


Confusio. 


Apodectae. 




Triumviri. 


Constitutiones. 


Apostoleis. 




Viatores. 


Corpus juris civilis. 


Apparitores. 




Zetetae. 


Crimen, delictum. 


Asiarchae. 




Ro.\ns and Streets. 


Culpa, dolus malus. 


Astynomi. 




Angiportus. 


Curator. 


Boonae. 




Callis. 


Damnum. 


Cancellarius. 




Mansio. 


„ infectum. 


Carnifex. 




Viae. 


., injuria datum. 


Choregus. 




Vicus. 


Dec return. 


Coactor. 




Roman Law. 


Dediticii. 


Comes. 




Acceptilatio. 


Dejecti effusive actio. 


Commentariensis. 




Accessio. 


Depositum. 


Critae. 




Acta, 2. 


Divortium, 2. 


Cura tores. 




Actio. 


Domic-ilium. 


[An alphabetical list 


of 


Actor. 


Dominium. 


curatores is given.'] 




Adoptio, 2. 


Dominus. 


Diaetetae. 




Adulterium, 2. 


Donatio mortis causa. 


Diribitores. 




Advocatus. 


„ propter nuptias. 


Ducenarii, 1, 2. 




Aediles. 


„ inter virum et 


Ecdicus. 




Affinitas. 


uxorem. 


Episcopi. 




Agrariae leges. 


Dos, 2. 


Epistates. 




Album. 


Edictum. 


Eutbyni. 




Alluvio. 


„ Tbeodorici. 


Exetastae. 




Ambitus. 


Emancipatio. 


Frumentarii. 




Appellatio. 


Emphyteusis. 


Grammatcus. 




Aquae pluviac arcendae 


Emptio et venditio. 


Ilieropoii. 




actio. 


Evictio. 


Hodopoci. 




Arra, Arrha. 


Exercitoria actio. 


Hylori. 




Arrabo, Arrbabo. 


Exhibendum, actio ad. 


Hyperetet. 




Assertor. 


Exsilium, 2. 


Legatus. 




Assessor. 


Falsum. 


Leiturgia. 




Auctio. 


Familia. 


Lictnr. 




Auctor, Auctoritas. 


Familiaeerciscundae actio. 


Magister. 




Basilica. 


Fen us, 2. 


[/•/n alphabetical li.it 




Beneficium. 


Fictio. 


mar/istri is given, j 




Bona. 


Fidei commissum. 


Manceps. 




„ caduca. 


Fiducia. 


Mastigopbori. 




„ fides. 


Finiuin regundorum actio. 


Mensarii. 




„ rapta. 


Fiscus. 


Metronomi. 




,, vacantia. 


Foederatae civitates. 


Notarii. 




Bonoruin ccssio. 


Frumentariac leges. 


Opinatores. 




„ collatio. 


Fundus. 


Paredri. 




„ emptio. 


Furtum. 


Parochi. 




„ posscssio. 


Gens. 


Practores. 




Breviarium Alaricianum. 


Hires, 2. 


Praecones. 




Calumnio. 


I lonores. 


Praefectus Annonac. 




Caput. 


Impcrium. 


Urbi. 




Caupo. 


ImpubcCi 


Praepositus. 




Cautio, cavere. 


lncendiuin. 


Primiecrus. 




Ccntumviri. 


I ncestum. 


ProbonIL 




Ccrli, incerti actio. 


Infamia. 


Procurator. 




CbirognphunL 


In fans. 


PnblicariL 




Civita*. 


Ingenui. 


Pytbii. 




Client 


Injuria. 


Quacstores clasiici. 




Codex Gregorinnus. 


Institoria actio. 


parricidii. 




„ Ilcrmogcniunus. 


frtftifntiflfuw 


Qiiini|ueviri. 




„ .lustinianeus. 


Intcrcessio. 


BeribM. 




,, Tbcodoslnnus. 


Interdictum. 


Sitopbylnccs. 




fognnli. 


Intestabilis. 


Statur. 




Collegium. 


Judex. 



1292 



INDEX. 



Roman Law — continued. 
Judex Pedaneus. 
Judicati actio. 
Jure, cessio in. 
Jurgium. 
Juridici. 
Jurisconsulti. 
Jurisdictio. 
Jus. 

„ Aelianum. 

„ Civile Flavianum. 

„ Civile Papirianum. 
Jusjurandum, 2. 
Jussu quod, actio. 
Latinitas. 
Legatum. 
Lex. 

[ Under this head an al- 
phabetical list of the 
principal laws is given.] 
Libelli accusatorum. 

,, famosi. 
Liber, Libertas. 
Libertus, 2. 
Litis contestatio. 
Locatio, conductio. 
Magistratus. 
Majestas. 
Mancipii causa. 
Mancipium. 
Mandatum. 
Manumissio. 
Manus injectio. 
Mora. 
Mutuum. 
Negotiatores, 
Negotiorum gestorum 

actio. 
Nexum. 

Novellae constitutiones, 
Noxalis actio. 
Obligationes. 
Occupatio. 

Operis novi nuntiatio. 
Orationes principum. 
Orator. 

Pandectae or Digesta. 

Patria potestas. 

Patronus. 

Pauperies. 

Peculatus. 

Per condictionem. 

Per judieis postulationem. 

Per pignoris capionem. 

Pignus. 

Plagium. 

Plebiscitum. 

Poena. 

Possessio. 

Postliminium. 

Praedium. 

Praejudicium. 

Praes. 

Praescriptio. 

Praetor. 

Procurator. 

Proscriptio. 

Provincia. 

Publiciana in rem actio. 
Quanti minoris actio. 



Roman Law . — continued. 

Quorum bonorum inter- 
dictum. 
Recepta, de recepto actio. 
Redhibitoria actio. 
Repetundae pecuniae. 
Restitutio in integrum. 
Rutiliana actio. 
Sectio. 

Senatus consultum. 
[An alphabetical list of 
senatus consulta is given.'] 
Servitutes. 
Societas. 
Successio. 
Sumtuariae leges. 
Superficies. 
Tabellariae leges. 
Talio. 

Testamentum. 
Tormentum, 2. 
Tutor. 
Vindicatio. 
Vindicta. 
Vis. 

Universitas. 
Usucapio. 
Usurpatio. 
Usufructus. 
Sacrifices and Religious 
Rites. 
Acerra. 
Amburbium. 
Anakleteria. 
Antigoneia. 
Apotheosis. 
Ara. 
Arateia. 
Canephoros. 
Corona sacerdotalis. 

„ sutilis. 

„ radiata. 
Cortina, 3. 
Diabateria. 
Diamastigosis. 
Eisiteria. 
Eleusinia. 
Exauguratio. 
Exiteria, or Epexodia. 
Inauguratio. 
Lituus, 1. 
Lustratio. 
Lustrum. 
Proerosia. 
Sacra. 

Sacrificium. 
Sagmina. 
Secespita. 
Simpulum. 
Supplicatio. 
Thensae. 
Tripos, 3. 
Turibulum. 
Ver sacrum. 
Slaves and Bondsmen. 
Agaso. 
Alipilus. 
Aliptae. 
Amanuensis. 
Anagnostae. 



Slaves, &c. — continued. 

Anteambulones. 

Aquarii. 

Bruttiani. 

Calones. 

Capsarii. 

Coloni. 

Cosmetae. 

Cubicularii. 

Cursores. 

Demosii 

Fartor. 

Gymnesii. 

Helotes. 

Ieroduli. 

Libra rii. 

Mediastini. 

Notarii. 

Paedagogus. 

Pedisequi. 

Penestae. 

Servus, 1. Greek. 
„ 2. Roman. 

Tabellarius. 

Thetes. 

Villicus. 
Statuary. 

Acrolithi. 

Canabus. 

Caryatides. 

Colossus. 

Daedala. 

Hermae. 

Imago. 

Persae. 

Sculptura. 

Statuaria ars. 

Typus. 
Superstitions. 

Amuletum. 

Apopbrades hemerai. 

Astrologia. 

Fascinum. 

Oscillum. 

Prodigium. 

Sortes. 

Temples and Holt Places. 

Aediculae. 

Argei. 

Asylum. 

Bidental. 

Docana. 

Propylaea. 

Sacellum. 

Sacrarium. 

Templum. 

Velum. 
Titles. 

Augustus. 

Caesar. 
Tools and Implements. 

Acus. 

Amussis. 

Apsis. 

Ascia 

A sill a. 

Circinus. 

Colus. 

Contus. 

Culter. 



INDEX. 



129$ 



Tools, &c. — continued. 
Dolabra, Dolabella. 
Falx. 
Fistuca. 
Follis. 
Forceps. 
Forfex. 
Fuscina. 
Fusus. 
Ilarpago. 
Incus. 
Jugum. 5. 
Ligo. 
Lima. 

Malleus, Malleolus. 

Norma. 

Kegula. 

Kuncina. 

Securis. 

Serra. 

Trades and Occupations. 
Ambubaiae, 
Argentarii. 
Athletae. 
Balatro. 
Barber, tonsor. 
Bestiarii. 
Bibliopola. 
Calculator. 
Caupo. 
Fabri. 
Fullo. 

Funamhulus. 
Gladiatores. 
Hemerodromi. 
Histrio, 1. Greek. 

„ 2. Koman 
Inter]) res. 
Leno. 
Lepturgi. 
Logographi, 2. 
Mensores. 
Notnrii. 
l'clatae. 
Pistor. 
I'lumarii. 
Kcdcmtor. 
Sagarii. 



Vehicles and their parts. 
Antyx. 
Arcera. 
Basterna. 
Canathron. 
Capistrum. 
Carpentum. 
Carruca. 
Chiramaxium. 
Cisium. 
Covlnus. 
Currus, bigae. 

„ trigae. 

„ quadrigae. 
Esseda. 

Hamaxopodes, arbusculae. 
Harmamaxa. 
Jugum, 7. 
Lectica. 
Petorritum 
Pilentum. 
Rheda. 
Sella, 3. 
Utensils. 

Acetabulum. 

Aenum. 

Alabastrum. 

Amphora. 

Ampulla. 

Anaglypha. 

Autbepsa. 

Bascauda. 

liicos. 

Cad us. 

Ca I at bus. 

Calix. 

Candela. 

Candelabrum. 

Cantharus. 

Capsa. 

Carchcsium, I. 

Calinus. 

Chrysetidita. 

Cista. 

Cochlear. 

Colutn. 

Cophinus. 

Corbis,Corbula,Corbicula. 



Utensils — continued. 
Cortina, I, 2. 
Crater. 
Cupa. 
Cvathus. 
Fax. 

Ferculum. 

Funale. 

Guttus. 

Lanx, Lancula. 

Laterna. 

Lecythus. 

Lucerna. 

Mazonomus. 

Modiolus. 

Murrhina vasa. 

Oenopliorum. 

Oil. i. aula. 

Patera, Patella. 

Patina. 

Poeulum. 

Psycter. 

Pyxis. 

Rhyton. 

Salinum. 

Sartago. 

Situla, Sitella. 

Taeda. 

Tripos, 2. 

Trua, Trulla. 

Vas. 

Urceus. 

Writing and Writinc Mate- 
rials. 
Adversaria. 
Album. 
Atramentum. 
Huxum. 
Calamus. 
Codex. 
Libeling, 

„ memorialis. 
Liber. 
Nota. 
Kegula. 
Seytale. 
Stylus, 1. 
Tabulae. 



TIIE END. 



» 



London i 
Spottiswoode 3rid Shaw, 
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